Julius Austrian Papers: James Hughes Affair
May 15, 2017
By Amorin Mello
Madeline Island Museum
Julius Austrian Papers
Folder 6: James Hughes Affair (1853-1866)
J. Austrian
Power of Attorney to
J. Hughes
“State of Wisconsin”
“La Pointe County”
“Office of Register of Deeds”
Received for Record on this 10th day of December 1853 at 7 O Clock P.M. and Recorded on Pages 20 and 21 in Book A of Records of Deeds.
Robt. D. Boyd
Register of Deeds
– – – – – – – – – –
James Bibb Hughes of St. Paul, MN, and Hudson, WI.
Newsman; Politician; Abolitionist.
~ Wikipedia.org
Know all men
by these presents that I Julius Austrian of La Pointe, Lapointe County and state of Wisconsin, have made, constituted, and appointed and do by these presents, make, constitute and appoint James Hughes now of La Pointe my lawful Attorney for me and in my name, place and stead to, to sell, alien, and convey, any and all rights, title claim and interest that I have or may have unto any lands or lands purchased by me as the public land sales at Willow River or the second day of May A. D. 1853 for which I hold a Duplicate No 242 signed by Moses S. Gibson received Dated May 2, 1853.
Giving and granting unto my said Attorney full power and Authority to do and perform all and every act or thing whatsoever, requisite and necessary to be done and performed in and about the Premises, as fully & completely, to all intents and purposes as I myself might or could do if I were personally present with full authority to make deeds or deeds for lands sold & to receive money & receipt for same here by ratifying and confirming all the acts or acts of my said Attorney (as fully as I myself could do & [cause?] to be [owner?]) by virtue thereof.
In testimony whereof I have hereunto set my hands & seal this 30th day of May AD 1853
Julius Austrian
Signed Sealed & delivered
in Presence of
Henry Smitz
S Goff
State of Wisconsin
County of La Pointe
S. Goff came personally before me and being duly sworn according to laws, Says, That, he signed the annexed foregoing power of Attorney from Julius Austrian to James Hughes bearing date on the 30 day of May AD 1853, as one of the subscribing witnesses thereto, and that his Deponents signature thereon and thereto, is genuine, that Deponents was then and still is acquainted with and personally knew the said Julius Austrian who signed the said Power of Attorney, and that he signed the same in the presence of this Deponent at the time the same bears date. To wit: on the 30th day of May AD 1853, and the said Julius Austrian’s signature thereto and thereon is genuine.
S. Goff
Subscribed and Sworn
to before me the 10th day
of december AD 1853
John W. Bell
Justice of the peace
This Agreement
made and entered into between Charles H Oakes, Michael E Ames and Isaac Van Etten of St Paul, Minnesota Territory of the first part and James Hughes of Hudson Wisconsin, of the second part witnesseth:
That the said parties of the first part do hereby agree to pay or cause to be paid, the sum of Three Hundred and fifty Dollars, to be paid unto the said James Hughes, party of the second part, as soon as two certain Warranty Deeds made and executed by Julius Austrian through and by the said James Hughes, his Attorney in fact, to the parties of the first part of even date herewith, shall by duly Recorded in the office of the Register of La Pointe county, Wisconsin, upon the express condition however, that no deed or other instrument of conveyance of the lands described in the said Deed, or any part of them, has been executed or Recorded in said County or State from Julius Austrian, or from his Attorney in fact previous to the Record of the above deeds, to the parties of the first part.
And upon the further condition that the entry or purchase from the United States Government, of the said Austrian of said lands mentioned and described in said Deeds to the parties of the first part, shall be held good and valid by the Government and not vacated or cancelled, and that a patent issue from the United States Government therefore and perfecting the title thereof in the parties of the first part.
And the parties of the first part further agree to pay unto the said James Hughes the further sum of Six Hundred Dollars after and out of the proceeds of the sale of a portion of the property ( Real Estate described in the said two Deeds of Julius Austrian, executed and delivered to the parties of the first, by said James Hughes, as Attorney in fact, for said Austrian above named, after the same shall have been sold and proceeds therefrom realized and not before.
Charles Henry Oakes
La Pointe fur trader; Chippewa treaties signatory; father of a mixed-bloods family; St. Paul banker and Free Mason.
~ Findagrave.com
It is further understood and agreed by and between the parties of the first part, and the party of the second part hereto that the payments of the above sums or either of them, is dependent and upon the express condition, that the said Warranty Deed, bearing even date herewith, to the parties of the first part above herewith, to the parties of the first part above described, does and shall convey and vest a good perfect and legal title of the lands describe therein, in and to the parties of the first part, their heirs and assigns in fee simple, free of all adverse title or titles, and free from all incumbrance (Excepting a certain Mortgage upon a part of the premises to secure the payments of about fifteen Hundred Dollars, from the said Austrian to Charles H Oakes of the parties of the first part).
Otherwise it is understood and agreed that the party of the second part, has not and shall not have any claim whatever when the parties of the first part for the payment of the above mentioned sums, or any part thereof.
In witness whereof, we have hereto set our hands the 1st day of December AD 1853
in duplicate form
Signed Chas H Oakes
[Other signatories cut off in scan]
In presence of
I V D Heard
Julius Austrian
To.
Charles H Oakes
Michael E Ames
Isaac Van Etten
Warranty Deed
“State of Wisconsin”
“County of La Pointe”
“Office of Register of Deeds”
Received for Record on the 10th day of December 1853 at 7 O Clock P.M. and Recorded on Pages 22, 23, and 24 in Book A of Records of Deeds.
Robt. D. Boyd
Register of Deeds
– – – – – – – – – –
THIS INDENTURE,
made this first (1st) day of December is the year of our Lord one thousand eight hundred and fifty three.
BETWEEN
Julius Austrian (by James Hughes his attorney in fact)
of the county of La Pointe and State of Wisconsin of the first part, and
Charles H Oakes Michael E Ames and Isaac Van Etten
of the second part,
WITNESSETH, that the said party of the first part, for and is in consideration of the sum of
One Thousand ($1000)
Dollars, in hand paid by the said parties of the second part – the receipt whereof is hereby acknowledged – has given, granted, bargained, sold, conveyed, and confirmed, and by these presents, does give, grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns, forever, all the following described pieces or parcels of land, situate, lying and being in the County of La Pointe ^and State of Wisconsin^ and known and designated as follows, vis:
The lots of this deed are outlined in red, describing La Pointe (New Port and Middleport) for a total of 306.28 acres. This is roughly 80 acres short of “Containing 382 23/100 Acres of land”.
~ General Land Office
Lots numbered three (3) four (4) and five (5) in Section No thirty (30) in Township No. fifty (50) North of Range NO. three (3) west, and Lots Numbered One (1) two (2) three (3) and four (4) in Section Number thirty one (31) in said Township No fifty (50), Range No three (3) aforesaid, according to the Survey of the United States government and Platts thereof, [ben?] and hereby intending, to convey the same, and all of the pieces, [pared?] or lots of land heretofore entered, bids of or purchases by the said party of the first part from the United States Government, on or about the second day of May AD 1853, or at any other time. Containing 382 23/100 Acres of land.
TO HAVE AND TO HOLD THE SAME,
together with all and singular the appurtenances and privileges thereunto belonging, or in any wise appertaining, and all the Estate, Right, Title, Interest and Claim whatsoever, of the said party of the first part, either in Law or Equity, in and to the above described premises, to the only proper use, benefit, and behoof of the said parties of the second part, their heirs, and assigns forever. And the said party of the first part, for himself his heirs, executors, and administrators, does COVENANT AND AGREE to and with the said parties of the second part, their heirs and assigns, that he is well seized in fee of the aforesaid premises, and has good right to SELL and CONVEY the same in manner and form as above written, and that the same are free of all incumbrances whatever ; and that the aforesaid premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against every person lawfully claiming or to claim the whole or any part thereof, he will forever WARRANT AND DEFEND.
IN TESTIMONY WHEREOF, the said party of the first part, has hereunto set his hand and seal the day and year first above written.
Julius Austrian
By James Hughes
his Attorney in fact
Sealed and Delivered in Presence of
The words “and State of Wisconsin” first [intertriced?] before signing.
I V D Heard
Truman M Smith
Truman Mott Smith was also a banker.
~ Minnesota Historical Society via Minnesota Public Radio
Territory of Minnesota,
COUNTY OF Ramsey
BE IT KNOWN, that on the first (1st) day of December A. D., before the undersigned, personally came James Hughes (the attorney in fact of the said Julius Austrian) the grantor to the foregoing and within DEED, from him as such grantor to Charles H Oakes Michael E Ames and Isaac Van Etten grantors, and to me personally known to be the identical person described in, and who by James Hughes his said attorney in fact executed the said deed, and the said James Hughes his attorney in fact acknowledged that he executed the said deed, freely and voluntarily, for the uses and purposes therein expressed, for in behalf and on the part of the said Julius Austrian [grantors?], aforesaid,
Truman M Smith
Justice of the Peace
– – – – – – – – – –
Territory of Minnesota
County of Ramsey
I do hereby certify that Truman M Smith, Esq before whom this within acknowledged [guest?] was taken was at the time the same bears date, a Justice of the Peace in and for said County, duly Elected & qualified to act as such, & to take Acknowledgement of Deeds,
that I am well acquainted with his hand writing & believe the within signature purporting to be his, to be his genuine signature. And that the within Deed is Executed & Acknowledged according to the laws of said Territory.
In testimony whereof I have hereunto set my hand & affirm the seal of the District Court of said County, at St. Paul, this 3rd day of December A. D. 1853. [A. J. Mutney?] Clerk.
by Sherwood Hough
Dept. Clerk of said Court
Julius Austrian
To
Charles H. Oakes
M E Ames
Isaac Van Etten
Warranty Deed
“State of Wisconsin”
“Lapointe County”
“Office of Register of Deeds”
Received for Record on this 10th day of December, 1853 at 7 O Clock P.M. and Recorded on pages 24, 25, and 26 in Book A of Records of Deeds.
Robt. D. Boyd
Register of Deeds
– – – – – – – – – –
THIS INDENTURE,
made this first (1st) day of December is the year of our Lord one thousand eight hundred and fifty three.
BETWEEN
Julius Austrian (by James Hughes his attorney in fact)
of the county of Lapointe and State of Wisconsin of the first part, and
Charles H Oakes Michael E Ames and I Van Etten
of the second part,
WITNESSETH, that the said party of the first part, for and is in consideration of the sum of
One hundred and fifty ($150~)
Dollars, in hand paid by the said parties of the second part – the receipt whereof is hereby acknowledged – has given, granted, bargained, sold, conveyed, and confirmed, and by these presents, does give, grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns, forever, all the following described pieces or parcels of land, situate, lying and being in the County of La Pointe ^and State of Wisconsin^ and known and designated as follows, vis:
Roughly 80 acres are highlighted in blue, labeled as “Austrian’s Sawmill“ on the 1852 PLSS survey map. This is located along what is now Pike’s Creek south of the Bayfield Road on the mainland.
~ General Land Office
The South West quarter of the North West quarter of Section No twenty one (21) and the North west quarter of the south west quarter of said section No. twenty one (21) in Township No fifty (50) North, of Range No. four (4) containing Eighty Acres more or less.
~ The Sawmill Community At Roy’s Point by Mary E. Carlson, 2009, page 14.
TO HAVE AND TO HOLD THE SAME,
together with all and singular the appurtenances and privileges thereunto belonging, or in any wise appertaining, and all the Estate, Right, Title, Interest and Claim whatsoever, of the said party of the first part, either in Law or Equity, in and to the above described premises, to the only proper use, benefit, and behoof of the said parties of the second part, their heirs, and assigns forever. And the said party of the first part, for himself his heirs, executors, and administrators, does COVENANT AND AGREE to and with the said parties of the second part, their heirs and assigns, that he is well seized in fee of the aforesaid premises, and has good right to SELL and CONVEY the same in manner and form as above written, and that the same are free of all incumbrances whatever ; and that the aforesaid premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against every person lawfully claiming or to claim the whole or any part thereof, he will forever WARRANT AND DEFEND.
IN TESTIMONY WHEREOF, the said party of the first part, has hereunto set his hand and seal the day and year first above written.
Julius Austrian
By James Hughes
his Attorney in fact
Sealed and Delivered in Presence of
The words “and State of Wisconsin” first [introduced?] before signing.
I V D Heard
Truman M Smith
Territory of Minnesota,
COUNTY OF Ramsey
BE IT KNOWN, that on the first (1st) day of December A. D., before the undersigned, personally came James Hughes the attorney in fact of the said Julius Austrian the grantor to the foregoing and within DEED, from him as such grantor to Charles H Oakes Michael E Ames and I Van Etten grantors, and to me personally known to be the identical person described in, and who by James Huges his said attorney in fact executed the said deed, and by James Hughes his attorney in fact and who acknowledged that he executed the said deed, freely and voluntarily, for the uses and purposes therein expressed, for in behalf and on the part of the said Julius Austrian [grantors?], aforesaid,
Truman M Smith
Justice of the Peace
– – – – – – – – – –
Territory of Minnesota
County of Ramsey
I do hereby certify that Truman M. Smith Esq. before whom the within Acknowledgment was taken, was at the date thereof, a Justice of the Peace in and for said County, duly Elected & qualified to act as such, & to take the Acknowledgement of Deeds, that I am well acquainted with his hand writing and believe the signature to the within certificate purporting to be his, to be his genuine signature. And that the within Deed is Executed & Acknowledged according to the laws of this Territory.
In Testimony whereof I have hereunto set my hand & affix the Seal of the District Court of said County at St. Paul this 2nd day of December A.D. 1853. Clerk.
by Sherwood Hough
Dept. [Crt?] Clerk
of the Dist Court
of said County
Hudson, Wisconsin
Dec. 4th 1853
Julius Austrian Esq.
Dear Sir,
~ Fifty Years in the Northwest, by W. H. C. Folsom, 1888, page 169.
I have first learnt, by report, that Col. Hughes by virtue of a power of att’y given him by you, has sold to Borup and Oaks the whole La Pointe property, for the sum of four thousand dollars. You had better at once draw, execute and have placed on record a written revocation of the Power of Attorney. The revocation should be acknowledged before a justice of the peace as same as a deed.
If this report be true you had better come down at once.
Yours truly
W. H. Semmes
Notice to the Public
Julius Austrian
~ Madeline Island Museum
Whereas James Hughes of Hudson in the County of St Croix and State of Wisconsin, on the first day of December AD 1853, did execute to Charles H Oakes, Michael E Ames and Isaac Van Etten, under a pretended power of attorney from Julius Austrian and without any authority from him, or either of the under signed, two several deeds, one of which deeds had described therein, the following described lands, lying in the County of La Pointe and State of Wisconsin, to wit:
the south west quarter of the north west quarter of Section No twenty one (21), and the north west quarter of the south west quarter of Section No Twenty one (21) in Township No fifty (50) North of Range No four (4) containing eighty acres more or less,
and the other of said deeds had described therein the following described lands to wit:
Lots numbered Three (3) four (4) and five (5) in Section No Thirty (30) in Township No fifty (50) north of Range No Three (3) west and Lots numbered one (1) two (2) three (3) and four (4) in Section No Thirty one (31) in said Township No fifty (50) Range No Three (3) aforesaid.
And whereas the said lands were entered and purchased by Julius Austrian from the Government of the United States on the 2nd day of May 1853. And whereas the said Julius Austrian, did, on the 23rd day of May AD 1853, execute and deliver to one Henry Smitz of La Pointe County, a deed of conveyance in fee simple of the undivided one sixth part of the following described lands, to wit:
Lots Nos three (3) four (4) and five (5) in Section No thirty (30), and Lots Nos one (1) two (2), three (3) and four (4) of Section No Thirty one (31) in Township No fifty (50) North of Range No three (3) in the said County of La Pointe.
And whereas neither the said Julius Austrian, nor the said Henry Smitz, has conveyed any part or portion of the rel estate above described & any person. And whereas further the said James Hughes had no legal or equitable power or authority from the said Julius Austrian and Henry Smitz or either of them, to sell or convey the said above described lands, on the said first day of December AD 1853 or at any time previous or subsequent of that day.
Now therefore notice in hereby given to all persons, that the said Julius Austrian and Henry Smitz, nor either of them do not, and never have recognized the authority of the said James Hughes to make the deeds aforesaid of the said laws, and do not recognize the acts of the said James Hughes in the premises. And that the said Julius Austrian and Henry Smitz, do now claim and have ever since the said 23rd day of May 1853, claimed the legal title to and ownership of, and the sole right to sell and convey the following described lands; to wit;
Lots Nos three (3), four (4) and five (5) in Section No Thirty (30) and lots Nos one (1) two (2), three (3) and four (4) of Section No Thirty one (31) in Township No fifty (50) North of Range No three (3) West.
And that the said Julius Austrian does now claim and has ever since the 2nd day of May 1853, claimed the legal title to and the ownership of and the sole right to sell and convey the following described lands, to wit;
the South West quarter of the North West quarter of Section No Twenty one (21) and the North West quarter of the South West quarter of Section No Twenty one (21) in Township No fifty (50) North of Range No four (4) West, containing eighty acres more or less.
And all persons are therefore hereby warned, notified and forbidden from purchasing of, or receiving any manner of conveyance or conveyances from the said Charles H Oakes, Michael E Ames and Isaac Van Etten, or either of them, of any part or portion of the above described lands.
Hudson, St Croix County, Wisconsin
December 23 1853
Julius Austrian
Henry Smitz
To Messrs Charles H. Oakes, Michael E. Ames and Isaac Van Etten and to each and everyone of you
You are hereby notified that the conveyances made to you by James Hughes on the first day of December A.D. 1853 under a pretended power of attorney from Julius Austrian, of the following described lands to wit:
the South West quarter of the North West quarter of Section No. twenty one (21), and the North West quarter of the South West quarter of Section No. twenty one (21) in Township No. fifty (50) North of Range No. four (4) containing eighty acres more or less; and also Lots numbered three (3) four (4) and five (5) in Section No thirty (30) in Township No. fifty (50) North of Range No. three (3) West, and Lots numbered one (1) two (2) three (3) and four (4) in Section No. thirty one (31) in said Township No. fifty (50) Range No. three (3) aforesaid in the County of La Pointe and state of Wisconsin,
were made in fraud of the rights of the said undersigned, the said Julius Austrian and Henry Smitz to the said lands and without any authority from the said Julius Austrian and Henry Smitz or either of them, either by power of attorney or otherwise, to the said James Hughes.
And you are therefore hereby notified that we the said Julius Austrian and Henry Smitz claim the legal title to and the ownership of the following described lands to wit:
lots numbered three (3) four (4) and five (5) in Section No. thirty (30) in Township No. fifty (50) North of Range No. three (3) west and Lots numbered one (1) two (2) three (3) and four in section No. thirty one (31) in said Township No. fifty (50) Range No. three (3) aforesaid being in the County of La Pointe and state of Wisconsin.
And you are further notified hereby that the said Julius Austrian claims the legal title to and ownership of the following described lands to wit:
the South West quarter of the North West quarter of Section No. twenty one (21) and the North West quarter of the South West quarter of Section No. twenty one (21) in Township No. fifty (50) North of Range No. for (4) containing eighty acres more or less.
And that we the said Julius Austrian and Henry Smitz do not and neither of us does, recognize the acts of the said James Hughes concerning the said above described lands and hereby forbid you and each of you from executing any conveyance or in any manner encumbering the title to the lands above described or any part thereof.
Dated at Hudson December 23d 1853
Julius Austrian
Henry Smitz
Mr. [McCloud?]
You will please deliver to Julius Austrian the enclosed papers upon my sending you a quit claim deed signed by Chas. H. Oakes & wife, Michael E. Ames & wife & I. Van Etten & wife for the lands embraced in two certain Deeds executed by said Austrian by James Hughes his atty-in- fact to said Oakes, Ames & Van Etten which deeds will accompany said Quit Claim Deeds. The [?????ed ??? you?].
I Van Etten
[????] discharge of [??????]
I Van Etten
– – – – – – – – – –
Quit Claim Deed
Chas. H. Oakes
and others
to
Julius Austrian
Office of Register of Deeds
La Pointe County Wis
I hereby Certify that the within Deed was filed in this Office for Record October 10th 1859 a [M?] and was duly Recorded in Book A of Deed Vol 3 on pages 333 & 334.
John W Bell
Register of Deeds
Fee 10$
– – – – – – – – – –
Know all men by these present.
That we Charles H Oakes and Julia B., his wife, Issac Van Etten & Jan I., his wife & Michael E. Ames & Josephine, his wife, of the County of Ramsey in the State of Minnesota. & the first part in consideration of the sum of three Hundred Dollars were?] in [hand?] [paid?] by Julius Austrian of La Pointe County in the State of Wisconsin, the receipt whereof is hereby a acknowledged, have bargained, sold, and quit claimed, deed of these presents do bargain, sell and quit claim unto the said Julius Austrian, his heirs and assigns forever, all [our?] rights, title, intersets, claim and severance in and [wled?] following described pieces or parcels of land situate and being in the County of La Pointe and State of Wisconsin [as is?] described as follows, to wit:
Lots Number three four & five (3, 4 & 5) in Section Number thirty (30) in Township No fifty (50) North of Range No Three (3) West, and lots one (1) two (2) three (3) and four (4) in Section number thirty-one (31) in said Township No fifty (50) Range No Three (3), and the South West quarter of the North West quarter of Section Number twenty one (21), and the North West quarter of the South West quarter of said Section number twenty one (21) in Township Number fifty (50) North of Range No four (4), being the same lands conveyed by said Julius Austrian by James Hughes his Attorney in fact to said Oakse & Van Etten & Michael E. Ames, by Deeds dated Dec [1?] 1853.
To Have and to Hold the above Quit claimed Premises with all the privileges and appurtenances thereto belonging to the said Julius Austrian, his heirs and assigns forever, so [cleat?] neither [we do?] said parties of [wofeist?] part, [??] in heirs or assigns shall have any claims, rights, or title in [?] to the aforesaid premises.
In Witness [????] We have hereunto set our [hand?] and seal, the thirtieth day of September, AD; 1859.
Isaac Van Etten
Jane I. Van Etten
M. E. Ames
Josephine Ames
Chas. H. Oakes
Julia B. Oakes
Signed, Sealed & Delivered
in presence of
[Harvey Affrcer?]
Thomas Van Etten
– – – – – – – – – –
State of Minnesota
County of Ramsey
Be it Remembered that in this 18th day of September AD. 1859, at St Paul in said County & State formerly same before nee, [Iwrue denjued?]. Charles H Oakes and Julia B. his wife, Isaac Van Etten and Jane I. his wife and Michael E Ames and Josephine his wife [fernaly? Rumb? me? who? elusegues?] & [seates?] of [deepering?] deed and acknowledge that they embrace the same for [lew? o? wiwre?] therein expressed, and the said Julia B. Jane I. and Josephine afersaid being by nee examined separate and apart from their said husbands acknowledge that they executed said deed freely.
United States of America
State of Minnesota,
Secretary’s Office.
Francis Baasen
“He was born in Luxembourg, Germany and came to America when he was 19 years of age. […] He was Minnesota’s first Secretary of State, assuming office on May 4, 1858.”
~ Findagrave.com
In Testimony Whereof, I have hereunto set my hand and affixed the Great Seal of the State, at the Capitol, in Saint Paul, this Fifteenth day of September A. D. 1859
Francis Baasen
Secretary of State,
Rec’d August 11, 1866,
of Julius Austrian $766.50 (by draft for 450$ & 210 94/100 acres of land valued at $1.50 per acre) in full satisfaction of a certain deed presents rendered & [d???etece] in the District Court of the United States for the District of Wisconsin in July 3, 1861 for $1127.94 damages & $74.70 cents in my favor & against said Austrian.
C. H. Oakes
by I. Van Etten
his Atty.
Bayfield Aug 11, 1866
Mr Julius Austrian
Dr Sir
In consideration of my settlements this day made I agree to obtain & file a [satisfactuis?] of the Judgement I obtained against you July 3, 1861, in the District Court of the United States for the District of Wisconsin, as soon as I leave [reach?] Madison.
[Y?? ? ?]
I. Van Etten
for C. H. Oakes
Ancient Garden Beds of Michigan
May 4, 2017
By Amorin Mello
This is a reproduction of “Ancient Garden Beds of Michigan“ from Memorials of a Half Century, by Bela Hubbard, 1887, pages 243-261.
ANCIENT GARDEN BEDS OF MICHIGAN.*
* Read before the State Pioneer Society, February 7, 1877, and published in the American Antiquarian.
Bela Hubbard explored Lake Superior in 1840 as the Assistant State Geologist of Michigan with Douglass Houghton.
A CLASS of works of the Mound-builders exists in Michigan, of unknown age and origin, which have received the name of “Garden-Beds.”
An unusual importance attaches to these remains of a lost race, from the fact that they have been almost entirely overlooked by archæologists, and that of those which were so numerous and prominent forty, or even thirty years ago, nearly every trace has disappeared. For any knowledge beyond the scanty details hitherto recorded we are forced to rely upon the recollections of the “oldest inhabitants.” We know how uncertain this reliance often is, and were it otherwise, we cannot but recognize the rapidity with which we are losing our hold of this kind of testimony, and the very brief period of which it must cease altogether.
The earliest mention of these relics which I find is by Haven, in his “Archæology of the United States.” It is the report of Verandrie, who, with several French associates, explored this region before 1748. He found in the western wilderness
“large tracts free from wood, many of which are everywhere covered with furrows, as if they had formerly been ploughed and sown.”
Henry Rowe Schoolcraft wrote about ancient gardens in Archives of Aboriginal Knowledge: Volumes I-VI.
Schoolcraft was the first to give to the world any accurate and systematic account of these “furrows.” Indeed, he is the only author of note who honors this interesting class of the works of the Mound-Builders with more than the most meagre mention. Observations were made by him as early as 1827. He gives figures of two kinds of beds, and he records the fact, that
“the garden-beds, and not the mounds, form the most prominent, and, by far, the most striking and characteristic antiquarian monuments of this district of country.”
Another writer of early date, still resident of our State, John T. Blois, published, in 1839, in his “Gazetteer of Michigan,” a detailed description, with a diagram, of one kind of the beds.
No mention is made of these remains by Priest or by Baldwin. Foster devotes to them less than a single page of his voluminus work, and only says, in effect, that “they certainly indicate a methodical cultivation which was not practised by the red man.”
Increase Allen Lapham wrote about ancient gardens in Antiquities of Wisconsin, and was involved with the Penokee Survey Incidents.
Dr. Lapham describes a few of this kind of remains which were found upon the western shore of Lake Michigan, as
“consisting of low parallel ridges, as if corn had been planted in drills. They average four feet in width, and twenty-five of them have been counted in the space of one hundred feet.”
Yet these relics constitute a unique feature in the antiquities of our country. They are of especial interest to us, from the fact that they were not only the most prominent of our antiquities, but, with the exception referred to in Wisconsin, they are confined to our State.
Some investigations, by no means thorough, enable me to define more accurately and fully than has been heretofore done the different kinds of these beds, which I shall attempt to classify, according to the most reliable information obtained. But I must first define their situation, extent and character.
The so-called “Garden-Beds” were found in the valleys of the St. Joseph and Grand rivers, where they occupied the most fertile of the prairie land and burr-oak plains, principally in the counties of St. Joseph, Cass and Kalamazoo.
They consist of raised patches of ground, separated by sunken paths, and were generally arrange in plats or blocks of parallel beds. These varied in dimensions, being from five to sixteen feet in width, in length from twelve to more than one hundred feet, and in height six to eighteen inches.
The tough sod of the prairie had preserved very sharply all the outlines. According to the universal testimony, these beds were laid out and fashioned with a skill, order and symmetry which distinguished them from the ordinary operations of agriculture, and were combined with some peculiar features that belong to no recognized system of horticultural art.
In the midst of diversity, sufficient uniformity is discoverable to enable me to group the beds and gardens, as in the following
CLASSIFICATION:
1. Wide convex beds, in parallel rows, without paths, composing independent plats. (Width of beds, 12 feet; paths, none; length, 74 to 115 feet.) Fig. 1.
2. Wide convex beds, in parallel rows, separated by paths of same width, in independent plats (Width of bed, 12 to 16 feet; paths same; length, 74 to 132 feet.) Fig. 2.
3. Wide and parallel beds, separated by narrow paths, arranged in a series of plats longitudinal to each other (Width of beds, 14 feet; paths, 2 feet; length, 100 feet.) Fig. 3.
4. Long and narrow beds, separated by narrower paths and arranged in a series of longitudinal plats, each plat divided from the next by semi-circular heads. (Width of beds, 5 feet; paths, 1½ feet; length, 100 feet; height 18 inches.) Fig. 4.
5. Parallel beds, arranged in plats similar to class 4, but divided by circular heads. (Width of beds, 6 feet; paths, 4 feet; length, 12 to 40 feet; height, 18 inches.) Fig. 5.
6. Parallel beds, of varying widths and lengths, separated by narrow paths, and arranged in plats of two or more at right angles N. and S., E. and W., to the plats adjacent. (Width of beds, 5 to 14 feet; paths, 1 to 2 feet; length, 12 to 30 feet; height, 8 inches.) Figures a, b, and c are varieties. Fig. 6.
7. Parallel beds, of uniform width and length, with narrow paths, arranged in plats or blocks, and single beds, at varying angles. Width of beds, 6 feet; paths, 2 feet; length, about 30 feet; height, 10 to 12 inches.) Fig. 7.
8. Wheel-shaped plats, consisting of a circular bed, with beds of uniform shape and size radiating therefrom, all separated by narrow paths. (Width of beds, 6 to 20 feet; paths, 1 foot; length, 14 to 20 feet.) Fig. 8.
I present diagrams of each of these classes or kinds of beds. Of these only those numbered 1, 2 and 4 have ever before been delineated, to my knowledge. (See figures 1 to 8, pages 257-261.) Nos. 3 and 5 are described by Schoolcraft and Blois, while the others are figured as well – 1 and 2 by Schoolcraft and 4 by Blois. No. 3, according to the latter, consists of five plats, each 100 feet long, 20 beds in each plat. Schoolcraft does not give the exact localities, and I am unable to state whether beds of the same class have been noticed by other observers. As to their extent, his language is, “The beds are of various sizes, covering generally from 20 to 100 acres.” Some are reported to embrace even 300 acres. Plats of beds are undoubtedly here referred to.
Of the plat figured by Blois (No. 4), the writer says:
“They are found a short distance from Three Rivers, on one side of an oval prairie, surrounded by burr-oak plains. The prairie contains three hundred acres. The garden is judged to be half a mile in length by one-third in breadth, containing about one hundred acres, regularly laid out in beds running north and south, in the form of parallelograms, give feet in width and one hundred in length, and eighteen inches deep.”
The distinctive peculiarity of these beds is what Blois calls the “semi-lunar” head, at the extremity of each bed, separated from them by a path as represented.
Class 6, so far as my own inquiries warrant, represents the form and arrangement which is most common, viz.:
that of a series of parallel beds formed into blocks of two or more, alternating with other similar blocks placed at right angles to them. (See figures a, b, and c.) The prevailing width of the bed is five or six feet, and that of the paths one and a half to two feet. The length of the plats or blocks varies, the average being about twenty feet. Gardens of this kind were found by the early settlers of Schoolcraft, the burr-oak plains at Kalamazoo, Toland’s prairie, Prairie-Ronde, and elsewhere.
Mr. Henry Little says, that in 1831 they were very numerous on the plains where now stands the village of Kalamazoo; and south of the mound, eight or ten acres were entirely covered by them.
Mr. E. Laken Brown confirms this account, and says they reminded him of old New England gardens, being very regular and even, and the beds five feet by twelve or fourteen feet. In 1832 the outlines were very distinct, and the burr-oak trees on them as large as any in the vicinity. Mr. A. T. Prouty concurs as to the extent covered, but thinks the beds were six feet wide by twenty-five to forty long. On the farm of J. T. Cobb, section 7, town of Schoolcraft, the beds were quite numerous as late as 1860. There must have been 15 acres of them on his land. The “sets” would average five or six beds each. Neighbors put the number of acres covered with them in 1830, within the space of a mile, at one hundred.
Fig. 6-b, of class 6, is from a drawing by James R. Cumings, of Galesburg, of a garden in which the beds are of more than usual diversity in width and length. H. M. Shafter and Roswell Ransom, old settlers, say that three or four acres on the edge of the prairie, at this place, were covered with the beds. On the farm of the latter in the town of Comstock, of one hundred acres, there were not less than ten acres of beds, six feet by twenty-five to forty, arranged in alternate blocks, having a north-and-south and east-and-west direction.
Fig. 6-c is from a drawing by Mr. Shafter.
The series represented by Class 7 (fig. 7) were found at Prairie-Ronde. They are platted and described to me by Messrs. Cobb and Prouty. They differ from the more ordinary form of No. 6, in the arrangement of the blocks or sets of beds, which is here not at right angles, but at various and irregular angles, also in the single beds outlying. The number of beds in each block is also greater than usual.
Class 8 is established on the authority of Henry Little and A. T. Prouty, of Kalamazoo. The figure delineated is from the descriptions and dimensions given by the former. The diameter of the circular bed and the length of the radiating ones are each twenty-five to thirty feet. The latter describes two of similar design, but of smaller dimensions, the centre bed being only six feet in diameter, and the radiating ones twenty feet. All occurred at Kalamazoo, and in immediate association with the other forms of beds at that place, represented generally by Class 6.
There is reason for supposing that there may have existed another class of beds, differing altogether from any that I have represented, from expressions used by both Schoolcraft and Blois. The former speaks of “enigmatical plats of variously shaped beds;” and further, “nearly all the lines of each area or sub-area of beds are rectangular and parallel. Others admit of half circles and variously curved beds, with avenues, and are differently grouped and disposed.”
The latter says, the beds “appear in various fanciful shapes.” Some are laid off in rectilineal and curvilineal figures, either distinct or combined in a fantastic manner, in parterres and scolloped work, with alleys between, and apparently ample walks leading in different directions.”
This language is too vague to enable me to construct a diagram, nor have I any confirmation to offer from other sources. The reputation of the writers will not allow us to consider the descriptions fanciful, but it is possible to suppose they were misled by the representations of others.
Lac Vieux Desert (‘lake of the old garden’) and Catakitekon [Gete-gitigaan (‘old gardens’)] from Thomas Jefferson Cram’s 1840 fieldbook. This is the headwaters of the Wisconsin River, and near those of the Wolf River and Ontonagon River.
~ School District of Marshfield: Digital Time Travelers
The principal crop of the Indians is maize, and this was never cultivated by them in rows, but in hills often large but always disposed in a very irregular manner. As little do these beds resemble the deserted fields of modern agriculture. On the other hand, the resemblance of many of the plats to the well-laid out garden beds of our own day is very striking; while the curvilinear forms suggest analogies quite as strong to the modern “pleasure garden.”
The nearest approach to anything resembling horticultural operations among Indian tribes, with the historic period, is noticed by Jones, who refers to a practice, among some of the southern Indians, of setting apart separate pieces of ground for each family. This author quotes from Captain Ribault’s “Discovery of Terra Florida,” published in London, 1563. “They labor and till the ground, sowing the fields with a grain called Mahis, whereof they make their meal, and in their gardens they plant beans, gourds, cucumbers, citrons, peas, and many other fruits and roots unknown to us. Their spades and mattocks are made of wood, so well and fitly as is possible.”
In the St. Joseph Valley I learned of numerous places, widely apart, where the labor and ksill of our ancient horticulturists were apparent in small gardens, laid out in different styles, and with an eye to the picturesque; as if each family had not only its separate garden patch, but had used it for the display of its own peculiar taste.
~ Bad River WPA Papers, Envelope 3, Folder 9.
~ Railroad History, Issues 54-58, pg. 26
Historians tell us of the Aztecs, that they had gardens in which were cultivated various plants, for medicinal uses, as well as for ornament. Was there something analogous to this in the Michigan Nation? Did the latter also have botanical gardens? May we accord to this unknown people a considerable advance in science, in addition to a cultivated taste, and an eye for symmetry and beauty, which is without precedent among the pre-historic people of this continent, north of Mexico?
These extensive indications of ancient culture necessarily imply a settled and populous community. We are led, therefore, to look for other evidences of the numbers and character of the people who made them. But here an extraordinary fact presents itself; such evidences are almost wanting! The testimony of nearly every one whom I have consulted – men who were among the first of the white race to break up the sod, that for ages had consecrated these old garden lands – agrees in the fact, that almost none of usual aboriginal relics were found; no pottery; no spear- and arrow-heads; no implements of stone; not even the omnipresent pipe. Tumuli, or burial mounds of the red man, are not uncommon, though not numerous, in Western Michigan, but have no recognized association with the garden race.
Upon the St. Joseph and Colorado rivers, and in the town of Prairie-Ronde, exist several small circular and rectangular embankments, resembling the lesser works of the Mound-Builders so numerous in Ohio. But no connection can be traced between these detached earthworks and the garden-beds. None of them seem to have been the bases of buildings, nor do they give indication of any religious origin or rites. There are no traces of dwellings, and the soil which has so sacredly preserved the labor of its occupants, discloses not even their bones!
At Three Rivers, and in Gilead, Branch County, are some ancient embankments, which are probably referable to this people and may pass for works of defence. That at the first named place was notably extensive. It consisted only of an earth embankment, about six feet in height, extending between two forks of a river, a mile apart. It thus enclosed a large area, and with a sufficient garrison might have withstood the siege of a large army of barbarous warriors.
It seems strange, indeed, that these garden beds, suggestive as they are, should be the only memorials of a race which has left such an evidence of civilized advancement, and was worthy of more enduring monuments! We may reasonably conclude, that they were a people of peaceable disposition, of laborious habits, and of æsthetic if not scientific tastes; that they lived in simple and patriarchal style, subsisting on the fruits of the earth, rather than of the chase. Their dwellings and their tools were of wood, and have perished. This simple record of their character and labors is all, it may be, we can ever know.
But is this all? May we not form some reasonable conjecture as to the period in which these gardeners lived?
Detail of “Chippewa Gardens” at Odanah from Narrative journal of travels from Detroit northwest through the great chain of American lakes to the sources of the Mississippi River in the year 1820, in 1820, by Henry Rowe Schoolcraft, page 105. This place is known as Gete Gititaaning (‘at the old gardens’) in Ojibwemowin.
“My children, I want you to listen to me. The proposition I am about to present will benefit all of you, and I need your cooperation. I would like to have you donate your labor to clear land for a large community garden, where every family, or any one who wishes can plant. The place I would suggest is that swampy flat, near the cemetery. It will take time to drain it and dry out but I know it will make good garden plats.“
~ Early Settlement of the Bad River Indian Reservation
A fact mentioned by Dr. Lapham furnishes a species of evidence, as to the relative antiquity of the garden beds of Wisconsin, as compared with the animal mounds. They were found overlying the latter; from which he infers, of course, a more recent origin. We may also suppose a considerable more recent age, since it is not likely that the race could have thus encroached upon the works of another, until long after these had been abandoned, and their religious or other significance forgotten.
The date of the abandonment of the beds may be approximately fixed, by the age of the trees found growing upon them. One of these mentioned by Schoolcraft, cut down in 1837, had 335 cortical layers. This carries the period back as far as 1502, or some years prior to the discovery of this country by the French. How long these labors were abandoned before this tree commenced its growth may not be susceptible of proof. Early French explorers do not appear to have been interested in the question, and it does not seem to me necessary to go further back than the three centuries during which that tree flourished, for a period quite long enough to have crumbled into indistinguishable dust every trace of wooden dwellings and implements, as well as of the bodies of their fabricators, if the latter received only simple earth burial.
(Anishinaabe Migration Story):
“In the Third Fire the Anishinabe will find the path to their chosen ground, a land in the west to which they must move their families. This will be the land where food grows upon the waters.”
~ The Mishomis Book – The Voice of the Ojibway by Edward Benton-Banai, Chapter 13 – The Seven Fires.
At the time of the arrival of the French the country was in possession of Algonquin tribes, who emigrated from the St. Lawrence about the middle of the 16th century. They were ignorant of the authors of these works, and were not more advanced in the arts of culture than the other known tribes.
It is probable that the few defensive works I have mentioned were erected by this settled and peaceful race of gardeners, as places of temporary refuge for the women and children, against the raids of the warlike tribes living eastward of them. The larger one may have served for the general defence in a time of sudden and great emergency. It is probable that on some such occasion they were surprised by their savage and relentless foes, and were overwhelmed, scattered or exterminated.
Most of the facts I have been able to present are gathered, in large part, from the memories – of course not always exact or reliable – of early settlers, and after modern culture had for many years obliterated the old.
It is perhaps useless to regret that these most interesting and unique relics of a lost people have so completely perished, through the greed of the dominant race; or that they could not have received, while they yet remained, the more exact and scientific scrutiny which is now being applied to the antiquities of our land. Much that might then have been cleared up, must now remain forever involved in mystery, or be left to conjecture.
– – – – – – – – – –
In September, 1885, the writer visited the region of the ancient garden beds, in hopes of being so fortunate as to find some remaining. He did discover, near Schoolcraft, on a plat of land which had been recently cleared of its timber, a few traces of beds belonging to a set, most of which had been broken up by the plough.
Four or five beds could be distinctly traced, for the distance of some ten to fifteen feet. The remainder of their lengths, said to be some twenty to thirty feet, had been obliterated by cultivation. Each bed had a width of about ten feet from centre to centre of the intervening paths. The latter had apparently a width of two or three feet, but it was impossible to define the exact outlines.
After much inquiry I could learn of no other place in or near Prairie-Ronde, or the plains of St. Joseph and Kalamazoo Counties, where any traces of the old garden beds remained.
Mr. Cobb informed me that about 1859 he endeavored to preserve portions of a set of these beds, which were well covered by touch, protective prairie sod. But when the white grub took possession of the turf thereabouts his ancient garden reserve did not escape. In a year or two the hogs, in their search for the grub, had so rooted and marred the outlines that he ploughed the beds up.
I found many old residents who well remembered the garden plats as they appeared a half century ago, and all concurred in the admiration excited by their peculiar character and the perfection of their preservation. Mr. Cobb says, he often took his friend to see his “ancient garden,” counted the beds, and speculated upon their object. The set of beds, which is shown only partially in his sketch (Fig. 7), contained thirteen beds, and was the largest of the sets. The others averaged five or six beds each.
All concurred, too, as to the great extent of land, amounting to several hundred acres, covered, wholly or partially, by the beds, chiefly upon the northern edge of the prairie. That all visible evidence of their existence should have so completely disappeared is not surprising to any one who notes their situation, upon the richest portions of the mixed prairies and plains. The lands most esteemed by their garden race were those which first attracted the modern farmer. These lands still constitute fields as beautiful as the eye can anywhere rest upon, and in a region second in loveliness to no other part of our country. The wants of the early settler almost preclude any care for the preservation of what was regarded as mere curiosities. Even when spared from the plough, and left to the care of nature, the absence of the annual fires, which had prevented the growth of timber; the roots of trees upheaving the beds; the decay of fallen timber; the hummocks caused by upturned roots; the destruction of the turf by the forest growth, and by cattle and hogs, all tend to deface the beds, and leave them to be reduced to the general level by the elements. Under these circumstances, a few years even would suffice to obliterate outlines which had remained almost unaltered for centuries.
Chequamegon History 