By Amorin Mello

This is one of several posts on Chequamegon History featuring the Mixed-Blood Allotments of the Penokee Mountains overlooking Chequamegon Bay, such as the Sioux Scrip scams during the Penokee Survey Incidents.  This post illustrates the curious circumstances that occurred at the U.S. General Land Office in the City of Superior during 1858 as a large group of Chippewa Mixed-Blood Allotments were located along the Penokee Mountains via the seventh clause of the second article of the 1854 Treaty of La Pointe:

ARTICLE 2.
The United States agree to set apart and withhold from sale, for the use of the Chippewas of Lake Superior, the following-described tracts of land, viz:
[…]
7th. Each head of a family, or single person over twenty-one years of age at the present time of the mixed bloods, belonging to the Chippewas of Lake Superior, shall be entitled to eighty acres of land, to be selected by them under the direction of the President, and which shall be secured to them by patent in the usual form.

 


 

Selected affidavits from the National Archives:

Interior Department appointment papers, 1849-1907.

Roll 6, Superior Land Office 1854-1860.

 


 

May 1, 1858

State of Wisconsin
County of Douglas

John Dow Howard (photograph from the Duluth Public Library) later owned large areas of land in both Superior and Duluth.

Eliab Byram Dean, Jr. (photo from Wisconsin Historical Society) was a Madison businessman and Wisconsin State Senator.

John D. Howard being duly sworn says, that he resides in Superior, Douglas County, Wisconsin, and that he is acquainted with Eliab B. Dean Jr, the Receiver of the U. S. Land office at Superior aforesaid; that sometime during the month of January or February 1858 the said Dean stated to affiant that he said Dean had an object in view whereby an investment could be made at a profitable rate, and if affiant could command the sum of one thousand or fifteen hundred dollars, he said Dean would give the affiant a proportion of the profits that might accrue therefrom, representing to the affiant that it was a matter he did not feel disposed to disclose fully the substance of [tile?] a future period, and that in the mean time affiant should follow his, Dean’s, instructions to -not- provide means to purchase Half-Breed Scrip and hold his Dean’s proportion secretly – saying he Dean did not wish to be known in the transaction. Subsequently, affiant was informed by Dean that the Half Breed Scrip was to be laid by affiant under power of attorney from Half-Breeds on lands in the Superior Land District, known as the “Iron Range” near Ashland, which lands had been filed upon by settlers under a pre-emption law of the United States that said Dean showed the affiant a list of the persons claiming the said land by pre emption which list was contained in the Register’s abstract of Declaratory statements, and told the affiant that these were the land he proposed to enter with the said scrip. For the purpose of enabling affiant to purchase genuine scrip the said Dean showed to affiant an official list of the Half-Breeds who were entitled to receive scrip from the Government. In this arrangement Dean proposed to affiant that he Dean and affiant should enter into a combination to contest the right to the land with the pre-emption. The said Dean further informed affiant that he had secured such influence at Washington that beyond a doubt he and affiant would be able to secure the land. And the said Dean wished affiant to keep Dean’s interest in the location of the Scrip a secret; and to do all the business in affiant’s name and after the title of the lands was secured, affiant was to convey to Dean, or for Dean’s benefit such portion of the lands as Dean by the agreement should be entitled to.

Ad from the Superior Chronicle, July 10, 1855.

And this affiant further says that said arrangement was not consummated in consequence of affiant’s determination not to purchase the scrip, and further says not.

J. D. Howard

Sworn to & subscribed before me this 1st day of May A.D. 1858

Geo. W. Perry

Notary Public
Douglas County

 


 

May 2 1858

State of Wisconsin
County of Douglas

Julius Austrian (photo from the Madeline Island Museum) was accused of obtaining fraudulent power-of-attorney over Chippewa Mixed-Bloods as the U.S. Postmaster at La Pointe.

Joel Allen Barber, Oct. 12, 1858:
“I think I have told you that E. B. Dean 
is removed.  For this we must thank Austrian.  The Com. gave him 30 days in which to answer the charge against him, and he was round here a long time trying to get Austrian to retract and even offered him $2000.00 to clear him but no go The Jew was determined to 
have his revenge.”

Julius Austrian being duly sworn says that he resides in the County of LaPointe, Wisconsin and that he is acquainted with Eliab B. Dean Jr Receiver of the U. S. Land Office at Superior Wisconsin; that on the first day of March A.D. 1858, this affiant applied at said Land Office to locate certain Chippewa Half Breed Scrip, under Power of Attorney to this affiant from the Half Breeds to whom said Scrip was issued, that the application of this affiant under such Power of Attorney was made in due and proper form, and signed by the Register of said Land Office, who told and that this affiant requested the Receiver (the said Dean) to sign the same, but that said Dean delayed signing the same, and would not talk with the affiant in the Land Office, but compelled this affiant to meet him said Dean at various places under various pretexts, until finally the said Dean told this affiant that he (Dean) would not sign the said applications unless this affiant should first pay him (the said Dean) the sum of Five hundred Dollars, and that this affiant being pressed for time and anxious to perfect the location of the said Scrip, after some demur, paid to the said Dean the said sum of $500.00 so demanded to the said Land Office, and signed the said applications as Receiver of said Land Office.

Julius Austrian

Sworn and subscribed before me
this 2nd day of May A.D. 1858

Geo. W. Perry

Notary Public
Douglas County

 


 

General Land Office
May 21, 1858

Sir,

New York Times, Dec. 9, 1858:
Land Office Frauds
“If Congress would amuse their leisure a little by looking at these land office operations on the verge of civilization, they would strike a placer of corruption.  […]  Let them find out what Receiver DEAN said of Register SHAW, and what Register SHAW said of Receiver DEAN, and why DEAN was dismissed and why SHAW was retained.  It will be rare fun for somebody.  The country ought to know something about the Land Offices, and such an investigation as this would enlighten the country very materially.  I hope it will be made, and that the country will learn how it is that more land has been entered in this district by Indians, foreigners, and minors than by qualified preëmptors, and all for the benefit of a few favored speculators.”

I have the honor to submit herewith a letter from Daniel Shaw Esq.~ Register at Superior Wisconsin, covering charges against E. B. Dean Jr., Receiver at that place, as follows:

1) Refusing to sign an application of Julius Austrian to locate certain Half breed scrip, under power of Attorney, said Dean refused to sign the applications unless Austrian paid $500, after some demur A. paid the $500 and Dean signed the papers in his official capacity as Receiver.

2) Agreeing to permit one Honsinger, for a consideration, to enter the pre-emption claim of a man named Cotas advising Honsinger what means to take to enter Cotas claim; these measures however were defeated by the Register.

3) Making an agreement with Jas. D. Ray, to purchase land of a pre-emption after he had proved up, and furnishing funds from the public safe to pay for the land so purchased.

4) Proposing to John D. Howard, a secret partnership for the purpose of speculating in half breed Scrip, and entering lands therewith, which Lands had been filed upon by settlers under the pre-emption law. Dean exhibited to Howard a list of persons claiming these lands, also exhibiting the Official list of half breeds; which list this Office directed should be kept confidentially from all persons.

 


 

Superior, Wisconsin
May 22, 1859

Sir;

Julius Austrian succeeded in securing several thousand acres of Chippewa Mixed-Blood Allotments along the Penokee Iron Range for his benefit, not the Tribe’s.  The Austrian family and their business partners co-founded the LaPointe Iron Company with these lands via a charter enacted by the Wisconsin Legislature in March of 1859. 
Today the LaPointe Iron Company continues to claim title to several thousand acres of Chippewa Mixed-Blood Allotments.

You will oblige me by informing me whether my removal from the Office of Register at this place was in consequence of any charges [referred?] against me; and, if so; whether it appears from the record that I have have an opportunity for defence.

Very Respectfully
Your Obt. Servt,

Daniel Shaw.

Hon. Thos. A. Hendricks,
Comr. Genl. Land Office,
Washington, D.C.

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