Treaty Allotments at Copper Falls
February 17, 2022
Collected & edited by Amorin Mello
Chippewa Treaty (blue) and Sioux Script (red) treaty land allotments in the Penokee Mountains located along mineral deposits near Mellen, Wisconsin.
[LaPointe County Register of Deeds: Volume 2 Deeds Page 419]
Julius Austrian had better success entering lands with Chippewa Certificates along the iron range for the Leopold & Austrian family’s La Pointe Iron Company than here along the copper range.
Be it known to all men that I Julius Austrian of Lapointe County State of Wisconsin am held and firmly Bound unto Julius [Bernault?], Peter King, Abraham Comartin, John W Bell & Henry Merryweather and to Each of them Separately in the Sum of One thousand Dollars for which payment will and truly to be made I bind my self my heirs executors and administrators firmly by these presents.
The condition of the above obligations are such that whereas the above mentioned Julius [Bernault?], Peter King, Abraham Comartin, John W Bell & Henry Merryweather having Squatted and improved the following mentioned Lands in Lapointe County with the intent of Claiming the Same as a Town Site namely the East half of Section No Seventeen (17) of Township number Forty five (45) of Range no two (2) and have agreed with the said Julius Austrian that he may enter the above described lands by Chippewa Script or otherwise at his option.
The “East half of Section No Seventeen (17) …” is where the Bad River and Tyler Forks River join spectacularly at what is now Brownstone Falls in Copper Falls State Park.
Now if the said Julius Austrian shall with due diligence enter the same as provided and obtain a Patent or Patents as Early as possible from the United States, and within 10 Days from the time he may procure and obtain said Patent or Patents for the above mentioned lands whether in his name or in the names of other parties, make execute & deliver or cause so to be done, to each of the above mentioned parties a Good & Sufficient Deed of warrantee clear of all incumbrances of an undivided Four ninetieths part of the whole mentioned East half of said Section no 17 as above specified. Then this obligation to be null & voice, otherwise to Remain in full force and virtue.
Given under my hand and seal at Lapointe this 30th day of April 1858.
Julius Austrian {Seal}
In presence of
Henry Smitz
M H Mandelbaum
State of Wisconsin } S.S.
County of Lapointe }
Personally came before the undersigned a Notary Public in & For the County of Lapointe the within named Julius Austrian to me well known who acknowledged that he did execute sign & seal the within Bond as his free Act and Deed.
{Seal} M H Mandelbaum
Notary Public
[Ashland County Register of Deeds: Volume 1 Deeds Pages 264-268]
{$180.00 Stamp Int Revenue U.S.}
This Indenture made the twenty fifth day of May in the year one thousand eight hundred and sixty four Between Louis Stein of the City and State of New York individually, Margaret Dupuis by Loius Stein her attorney, Charlotte Mercier by Louis Stein her attorney, Hypolite Auger by Louis Stein her attorney, Julia Renville by Louis Stein her attorney and Louise Moreau by Louis Stein her attorney, parties of the first part, and the Ashland Copper Mining Company, a Corporation created under and by virtue of the laws of the State of Wisconsin, party of the second part.
Whereas the north half of the North East quarter of Section Seventeen (17) in Township number Forty five (45) of Range Two (2) west in the District of Lands subject to Sale at Bayfield Wisconsin containing eighty acres according to the Government Survey was located on the 14th day of October 1863 with Chippewa Half Breed Scrip No 228 by John B Corbin,
and also the South Half of the North East Quarter of of Section Seventeen (17) Township Forty Five (45) Range Two (2) in the District of Lands subject to Sale at Bayfield Wisconsin containing eighty acres according to Government Survey was located on the 28th day of September 1863 with Chippewa Scrip Number 209 by John P Hamlin attorney for John Baptiste Denomie,
and also the North East half of South East quarter of Section Seventeen (17) Township Forty five (45) Range two (2) West in the District of Lands subject to Sale at Bayfield Wisconsin containing eighty acres according to the Government Survey was located October 14th 1863 with Chippewa Half Breed Scrip No 161 issued to John Haskins by John P Hamlin attorney,
and also the North East Quarter of South West quarter of Section Seventeen (27) Township Forty Five (45) Range Two (2) west in the District of lands subject to sale at Bayfield Wisconsin containing Forty acres according to the Government Survey was located October 20th 1863 with Sioux Scrip No 212 B by Louis Stein attorney for Margaret Dupuis,
And also the North West Quarter of South West quarter of Section Seventeen (17) Township number Forty five North of Range Two (2) West in the District of Lands subject to Sale at Bayfield Wisconsin containing Forty acres according to the Government Survey was located on November 25th 1863 with Sioux Half Breed Scrip No 102 B by Louis Stein attorney for Charlotte Mercier,
And also the South East Quarter of Section Eighteen (18) Township Forty five (45) North of Range Two (2) West in the District of Lands subject to Sale at Bayfield Wisconsin containing one hundred and sixty acres according to the Government Survey, was located on the 25th day of November 1863 with Sioux Half Breed Scrip No 487 C by Louis Stein attorney for Hypolite Auger,
And also the South half of South West Quarter of Section Seventeen (17) Township Forty five (45) Range Two (2) in the District of Lands subject to Sale at Bayfield Wisconsin containing eighty acres according to the Government Survey was located October 18th 1863 with Sioux Half Breed Scrip No 212 Letter C by Louis Stein attorney for Margaret Dupuis,
And also the North half of the North West quarter of Section Twenty (20) Township Forty five (45) North of Range 2 west in the District of lands subject to Sale at Bayfield Wisconsin containing eighty acres according to the Government Survey was located September 10th 1863 with Chippewa Half Breed Scrip No 158 by Julius Austrian attorney,
And also the South Half of South East Quarter of Section Seventeen (17) Township Forty five (45) Range Two (2) West in the District of Lands subject to Sale at Bayfield Wisconsin containing eighty acres according to the Government Survey was located on the 14th day of October 1863 with Chippewa Half Breed Scrip No 281 issued to Michael Lambert by John P Hamlin attorney,
And also the North East quarter of Section nineteen (19) Township No Forty five (45) Range Two (2) West in the District of Lands subject to Sale at Bayfield Wisconsin containing one hundred and Sixty acres according to the Government Survey was located on the 19th day of October 1863 with Sioux Half Breed Scrip No 29 by Louis Stein attorney for Julia Renville,
And also the North half of South East quarter and East Half of the South West quarter of Section Number nineteen (19) Township No Forty five (45) Range Two (2) West in the District of Lands subject to Sale at Bayfield Wisconsin containing One hundred and Sixty acres according to the Government Survey was located on the 19th day of October 1963 with Sioux Half Breed Scrip No 17 C by Louis Stein attorney for Louise Moreau.
Chippewa and Sioux treaty land allotments in and contiguous to Copper Falls State Park. There are more Chippewa allotments here than those claimed by Ashland Copper Mining Company. Others went to Robert Morrin, Joseph Roy, Francis S. Gurnoe, John Chapman, Francis Fournier, Rosalie Trocquer, John Baptiste Visneau, Henry Davenport, Edward Ashman, Henry Graham, Mary Graham, Joseph Blanchard, and Reuben Chapman.
And whereas said North Half of North East Quarter of Section Seventeen (17) in Township No Forty five (45) of Range Two west was conveyed by John B Corbin and Wife to John P Hamlin by Deed dated October 17th 1863, and Recorded in the Office of Register of Deeds of Ashland County Wisconsin in Book of Deeds Vol 1 pages 218 & 219 October 18, 1863 and was further conveyed by said John P Hamlin to Louis Stein by Deed dated October 31st 1863, and Recorded in said Registers office in Book of Deeds Vol 1 Page 225 November 9th 1863,
John Baptiste Denomie of Odanah.
~ Noble Lives of a Noble Race, A Series of Reproductions by the Pupils of Saint Mary’s, Odanah, Wisconsin, 1909, page 213-217.
And whereas said South Half of the North east quarter of Section Seventeen (17) Township Forty five (45) Range Two (2) has been conveyed by the said John Baptiste Denomie to Louis Stein by Deed dated May 25th 1864,
and said North East Half of South East Quarter of Section Seventeen (17) Township Forty five (45) Range Two(2) west has been conveyed by said John Haskins to said Louis Stein by Deed dated May 25th 1864,
and said South East Quarter of Section Eighteen (18) Township Forty five (45) North of range two (2) west has been conveyed by Hypolite Auger to said Louis Stein by Deed Dated January 1, 1862 and recorded in said Office of Register of Deeds in Vol 1 of Deeds page 227 January 23 1864,
The Ashland Copper Mine was mapped by Irving in 1873 for the Geology of Wisconsin: Volume III. This was located at what is now the main picnic area on Michael Lambert’s Chippewa Allotment in Copper Falls State Park.
and said South Half of South East quarter of Section Seventeen (17) Township Forty five (45) Range two (2) West has been conveyed by the said Michael Lambert to the said Louis Stein by Deed dated May 25th 1864,
and the said Louis Stein has also acquired the title of the said North Half of the North West quarter of Section twenty (20) Township Forty five (45) North of Range two (2) West from the said Julius Austrian.
And whereas the said parties of the first part to these presents have sold and agreed to convey to the said party of the second part to these presents a tract of land situated in the County of Ashland in the State of Wisconsin which includes the whole or parts of the several tracts pieces and parcels of land herein before described which said tract of land so sold and agreed to be conveyed to the said party of the second part is hereinafter particularly described.
Now Therefore this Indenture Witnesseth that the said parties of the first part for and in consideration of Twenty thousand shares of the Capital Stocks of the said party of the second part of the value of five dollars for each Share, which have been issued or transferred and assigned to them the said parties of the first part or as they have appointed and directed, the receipt of which is hereby acknowledged, have granted, bargained, sold, released, conveyed, and confirmed and by these presents do grant, bargain, sell, release, convey and confirm unto the said party of the second part its successors and assigns forever
Copper Falls by Emily Fritts, August 2016.
~ WikiMedia Commons
All that certain tract and parcel of Land situate, lying and being in the County of Ashland in the State of Wisconsin, known bounded and described as follows to wit;
Beginning at a point in the center of Bad River in Township Number Forty five (45) North Range Number Two (2) West of the Fourth Meridian where said river crosses the northerly boundary of Section number Seventeen (17) in the North East quarter, thence running west eight hundred (800) feet more or less to the North West corner of said North East quarter Section; thence South twenty six hundred and forty (2640) feet to the center of Section number Seventeen (17); thence West Five thousand two hundred and eighty feet (5280) to the center of Section number eighteen (18); thence South Five thousand two hundred and eighty (5280) feet to the center of Section number nineteen (18); thence west thirteen hundred and twenty (1320) feet; thence South twenty six hundred and forty (2640) feet; thence East thirteen hundred and twenty (1320) feet; thence North twenty three hundred and ninety (2390) feet more or less to the center of said Bad River and thence North Easterly along the center of said Bad River as it runs to the place of beginning, containing six hundred and fifty three acres (653) more or less and being portions of Section numbers seventeen (17), eighteen (18), nineteen (19) and twenty (20) in the aforesaid Township.
Brownstone Falls in Copper Falls State Park by Yinan Chen.
~ WikiMedia Commons
To have and to hold the above described and hereby granted premises and every part and parcel thereof together with all and singular the tenements hereditaments and appurtenances thereunto belonging or in anywise appertaining unto the said party of the second part its successors and assigns to its and their own purpose, use, benefit and behoof forever. And the said parties of the first part severally for himself and herself and not the one for the other, and for his and her heirs executors and administrators do hereby covenant promise and agree to and with the said party of the second part, its successors and assigns to make, execute, sign, seal, acknowledge and deliver at the Cost and expense of the said party of the second part its successors and assigns all such other and further Deeds, grants, conveyances and instruments in writing as the said party of the second part its successors and assigns or its or their Counsel learned in the law shall at any times advise, devise or require for the [more?] effectually conveying to and vesting in the said party of the second part its successors and assigns the fee simple of the above described and hereby granted, promised and every part thereof with the appurteances. And the said Margaret DuPuis, Charlotte Mercier, Hypolite Auger, Julia Renville and Louise Moreau severally and not the one for the other and each of them only in respect to so much of the hereby conveyed premises as is located by or for him or her as herein before stated and set forth and is hereby conveyed by him or her or intended so to be for himself and herself, his and her heirs, executors and administrators covenant and agree to and with the said party of the second part its successors and assigns in the manner and form following that is to say That he or she at the time of the ensealing and delivery of these presents is the true, lawful and rightful owner of the said hereby conveyed premises, and has therein a good sure, perfect and indefeasible estate in fee simple; and that he and she has full right, power and authority to grant, bargain, sell, remise, release, convey and confirm the said premises unto the said party of the second part its successors and assigns in manner and form aforesaid and that the said party of the second part its successors and assigns shall quietly enjoy and possess the said premises and that he and she will Warrant and Defend the title to the same against all lawful claims.
In Witness Whereof the said parties of the first part have hereunto set their hands and Seals they day and year first above written
Louis Stein {S.S.}
Margaret Dupuis by Louis Stein atty {S.S.}
Charlotte Mercier by Louis Stein atty {S.S.}
Hypolite Auger by Louis Stein attorney {S.S.}
Julia Renville by Louis Stein Attorney {S.S.}
Louis Moreau by Louis Stein attorney {S.S.}
Sealed and delivered in Presence
A H Wallis
Andrew Clerk
State of New York } S.S.
County of New York }
Be it Remembered that on this seventh day of June in the year eighteen hundred and sixty four before the subscriber a Commissioner in and for the said State, appointed by the Governor of the State of Wisconsin to take acknowledgment and proof of the execution of Deeds, or other conveyances or leases and of any contract, letter of attorney or other writing under seal or not administer oaths and take and certify depositions to be used or recorded in the said State of Wisconsin appeared Louis Stein whom I know to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same in his own behalf as his own act and deed and also acknowledged that he executed the same as the act and deed of Margaret Dupuis, Charlotte Mercier, Hypolite Auger, Julia Renville & Louise Moreau therein descried by virtue of a Power of Attorney severally executed by them authorizing the same, and which Power of Attorney have been duly exhibited to me by the said Louis Stein.
Given under my hand and Official Seal
{Seal} Charles E Jenkins Commissioner for the State of Wisconsin, residing in the city of New York.
Indian Agency’s Instructions for the 1854 Treaty
September 26, 2020
Collected and edited by Amorin Mello
Indian Agency’s Instructions to
Henry C. Gilbert and David B. Herriman
for the 1854 Treaty at La Pointe
from Office of Indian Affairs federal archives
Department of the Interior
Office Indian Affairs
August 11, 1854
Indian Agent
Henry C. Gilbert
~ Branch County Photographs
Gilbert, Henry C.
Indian Agent
Detroit, Michigan
Sir:
The Bill to provide for the Extinguishment of the title of the Chippewas to the lands owned and claimed by them in Wisconsin and Minnesota, which passed the House early in the Sessions, failed in the Senate.
In view however of the importance of extinguishing the Indian title to portions of the Chippewa Country, it is deemed proper to confide to you certain conditional instructions, to the end that if in your judgement it be practicable to conclude a treaty at the period when you assemble the Indians to pay them their annuities this fall, that object may be accomplished.
You will therefore consider yourself in conjunction with Major Herriman as the Officers of the Indian Department designated to make a treaty with the Chippewa Indians of Lake Superior and the Mississippi.
~ Indian Agent Gilbert’s Explanation after the 1854 Treaty
When you arrive at La Pointe, if you are satisfied that you can send a runner over to the Mississippi & have Major Herriman come over immediately, with the principal Chief and three or four of the Headmen of each of the bands who receive pay at the Agency, and who reside on or near the Mississippi, or between that stream & the Lake, you will do so. The design is that the principal Chief and Head Men to the number stated of all the bands, other than those to be paid by you, be present on the Occasion. The latter will of course be represented.
I am informed that that the Mississippi Indians can be brought over in the way I suggest, as soon as you can assemble yours. If you are satisfied of this fact you are authorized to send over the runner, but it is not my wish that any attempt be made, and a failure follow.
If delegates from all the bands can be assembled and negotiations had with them, you are authorized to offer the Chippewas the sum of $500,000 for all the country they now own or claim in the territory of Minnesota, the state of Wisconsin or elsewhere excepting and reserving for the future home of said Indians a quantity of land equal to 743,000 acres which may be selected in one body or in two or three locations, as the Indians may desire, and if the reservations be selected in more than one locality, the quantity of land fixed upon, as the Maximum amount of the reserve must be divided between the different locations of the Indians according to the population of the bands who may elect to inhabit such reservation or reservations. If the Indians could all be placed on one reserve, so that an Agent could always have a perfect Oversight over them it would be much better for their future interests; but if this cannot be effected, the several sub-reserves should be located in such proximity to each other, as to enable the Agent to exercise a watchful care over the Indians.
The future home or reserves should not be in the avenues by which the white population will approach the ceded country, or embrace any of the mineral lands which are now becoming desirable.
I send herewith a copy of the instructions of the Secretary of War of the date of 4th of June 1847, when a former Commission attempted to treat with these Indians, but failed. According to the Estimates of this Office, the Chippewas own about 10,743,000 Acres of land, the greater part of which is of no value to them, and never will be. Some portions of it will be valuable to the White population.
Nevertheless, the condition of Affairs with the Chippewas is such that it is the duty of the Government to Offer them an Opportunity to dispose of their tenure to their Country, and in lieu thereof, to give them a small tract as a permanent home, with such means of support & neutral & moral improvement, as may be of great advantage to them.
I transmit herewith a copy of the bill alluded to and also a copy of a recent treaty with the Ottoe & Missouri Indians, remarking that if a provision is inserted for allowing individual reservations within the general reservations that Eighty Acres to the family, as provided in the bill is deemed ample. These documents may be useful as affording you indications of the views of the Department and of such provisions as it may be desirable to have incorporated in a treaty.
In view of the fact that it is necessary to enter upon this business without permitting those adverse influences, which are always at work to thwart the purposes, and objects of the Government, in its efforts to treat with the Indians, you will not divulge the nature of your instructions, or indeed say any thing about them to any person.
Julius Austrian
~ Madeline Island Museum
When you get to La Point, if you conclude to send for Maj. Herriman, and the principal Men of his bands, you can do so, leaving the impression on those who may be privy to it, that their presence is necessary, in order that a better understanding may exist as to a proper disposition of the present annuities between the Lake bands and those on the Mississippi.
Mr. Austrian who resides at La Point, and who was here last winter, tendered his services to the Office in collecting Indians etc. etc. at any time, and he is recommended to me as a faithful man. He would perhaps be a faithful man to whom to confide the message to Major Herriman.
I have caused a remittance, to be made to you, by requisition of this date for the sum of $1900 as follows:
Provisions for Indians $1500
Presents for 100 $300
Contingencies $100
$1900
which will be applicable to this object, but to be used only in case negotiations are had with the Chippewas. Except so far as the provisions & expenses of a runner may be necessary.
As far as these amounts are expended, to be accounted for under the proper heads of account.
George Washington Manypenny
~ Commons.Wikimedia.org
Very Respect’y Your Ob’t Servant
Geo. W. Manypenny
Commissioner
N.B. I learn that a boat leaves the Sault of St Marie on the 21st instant for Lapoint. If so you should avail yourself of the opportunity to go forward. The enclosed communication to Maj Herriman, you will forward to him by the runner, if you determine to send one, and be satisfied that the expedition will be successful before you send it states the whole matter to Major H. From the instructions to the Commissioners of June 4th 1847, and the Ottoe & Missouri treaty, you will form an idea of the necessary stipulations for the payment of the purchase money, the amount of it that should be invested etc. and the necessary provisions for Stock, Agricultural Implements etc. etc. in place of money. A map showing the country of the Chippewas is also herewith.
Geo. W. Manypenny
Commissioner
Department of the Interior
Office Indian Affairs
August 12th, 1854
Gilbert, H. C.
Indian Agent
Detroit, Michigan
Sir:
Referring to my letter of instruction to you of the 11th instant, I have to remark that should you succeed in having the proposed negotiations with the Chippewas, and a treaty be made, you will provide to pay the $500,000 as follows:
One hundred thousand dollars to be invested at five percent interest, which interest shall be expended annually under the President’s direction for purposes of Education, and the moral improvement of the Indians. The residue to be paid say in twenty annual installments of twenty thousand dollars each without interest, or these deferred payments may be extended over twenty five or thirty years, all of them however to be subject to the President’s discretion, as in Article 4 of the Ottoe & Missouri treaty.
If necessary to accomplish the object, although $500,000 is deemed the value of the Chippewa tenure to the land, you may go as high as $600,000 payments as above.
Should a treaty be made, it is submitted whether the new locations reserved & to the Indians, may not be of such a character as to render some of the smiths, farmers etc. stipulated for under former treaties of no use, and if so, that provisions be inserted cancelling such of these provisions, under former treaties, as can be dispensed with, and providing that a sum equal to the amount, now paid annually for such, may be appropriated for the unexpired term of former treaty stipulations to be expended by the President, for the use of the Indians, as other funds are provided to be expended.
Very Respectfully
Your Ob’t Servant
Geo. W. Manypenny
Commissioner
Department of the Interior
Office Indian Affairs
August 14, 1854
Gilbert, H. C.
Indian Agent
Detroit, Michigan
Sir:
~ Indian Agent Gilbert’s Explanation after the 1854 Treaty
Referring to my letters of instruction of the 11th & 12th instant, both of which were prepared in great haste, I am inclined to the opinion that a state of things may exist that you might feel embarrassed at the suggestions that if the land reserved by the Indians was located in more than one tract the several sub-reserves should be in such close proximity as to enable the agent to have a constant oversight over all the Indians. It may however occur that there may be partialities and predilections among the different bands for different and widely separated districts, and that these partialities cannot be overcome. I am clearly of the opinion that all the land reserved should be in one body and every reasonable effort should be employed to impress the Indians with this view; and if it fail the fewest sub-reserves that can be got along with should be allowed and if possible they should be in the same region of Country; but if the Indians have the predilections alluded to, and they cannot be changed in their views, you will accede to their wishes to a reasonable extent in this particular. And if it should so happen that they select locations widely distant from each other so that it would be more for their interests that one portion might be under one Agent and another under another, it would be well perhaps to adjust all matters between the bands thus located, naming all of them by bands which select a reservation. Setting apart according to the population their portion of such reserved land, and providing to pay them by the same rule, their proportion of the purchase money at their reserve, and so with the bands on each of the reserves. And indeed a clause might be inserted, adjusting and dividing by population to the Indians of each reserve the annuities to become due under former treaties, whether of money or in kind so that no difficulties could hereafter arise provided one part should be in one agency and others in another.
Several members of the Indian Committee of the Senate having expressed a wish that a clause or article of the following import should be inserted in all treaties hereafter made. You will please put it in the treaty which I hope you may be able to enter into with the Chippewas. It is thus:
“The United States agree that an examination shall be made, and all sums that may be found equitably due to the Indians, for arrearages of annuity or other thing, under the provisions of former treaties, shall be paid as the chiefs may direct.”
And; It is agreed between the United States and the said Chippewa Indians, that should it at any time hereafter be considered necessary, and for the benefit of said Indians, it shall be discretionary with the President by & with the advise and consent of the Senate to change the annuities herein provided for or any part thereof into a fund establishing farms among and for them.
Very Respectfully
Your Ob’t Servant
Geo. W. Manypenny
Commissioner
Penokee Mixed-Blood Allotments Shakedown Scam of 1858
April 21, 2018
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.
“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,
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;
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.
Wheeler Papers: 1854 La Pointe before the Treaty
August 7, 2017
By Amorin Mello
Selected letters from the
Wheeler Family Papers,
Box 3, Folders 11-12; La Pointe County.
Crow-wing, Min. Ter.
Jan. 9th 1854
Brother Wheeler,
Reverend Leonard Hemenway Wheeler ~ In Unnamed Wisconsin by Silas Chapman, 1895, cover image.
Though not indebted to you just now on the score of correspondence, I will venture to intrude upon you a few lines more. I will begin by saying we are all tolerably well. But we are somewhat uncomfortable in some respects. Our families are more subject to colds this winter than usual. This probably may be attributed in part at least to our cold and open houses. We were unable last fall to do any thing more than fix ourselves temporarily, and the frosts of winter find a great many large holes to creep in at. Some days it is almost impossible for us to keep warm enough to be comfortable.
Our prospects for accomplishing much for the Indians here I do not think look more promising than they did last fall. There are but few Indians here. These get drunk every time they can get whiskey, of which there is an abundance nearby. Among the white people here, none are disposed to attend meetings much except Mr. [Welton?]. He and his wife are discontented and unhappy here, and will probably get away as soon as they can. We hear not a word from the Indian Department. Why they are minding us in this manner I cannot tell. But I should like it much better, if they would tell us at once to be gone. I have got enough of trying to do anything for Indians in connection with the Government. We can put no dependence upon any thing they will do. I have tried the experiment till I am satisfied. I think much more could be done with a boarding school in the neighborhood of Lapointe than here And my opinion is, that since things have turned out as they have here, we had better get out of it as soon as we can. With such an agent as we now have, nothing will prosper here. He is enough to poison everything, and will do more moral evil in such a community, as this, than a half a dozen missionaries can do good. My opinion is, that if they knew at Washington how things are and have been managed here, there would be a change. But I do not feel certain of this. For I sometimes am tempted to adopt the opinion that they do not care much there how things go here. But should there be a change, I have little hope that is would would make things materially better. The moral and social improvement of the Indians, I fear, has little to do with the appointment of agents and superintendents. I do not think I ought to remain here very long and keep my family here, as things are now going. If we were not involved with the Government with regard to the school matter, I would advise the Committee to quit here as soon as we can find a place to go to. My health is not very good. The scenes, and labors and attacks of sickness which I have passed through during the past two years have made almost a wreck of my constitution. It might rally under some circumstances. But I do not think it will while I stay here, so excluded from society, and so harassed with cares and perplexities as I have been and as I am likely to be in future, should we go on and try to get up a school. My wife is in no better spirits than I am. She has had several quite ill turns this winter. the children all wish to get away from here, and I do not know that I shall have power to keep them here, even if I am to stay.
But what to do I do not know. The Committee say they do not wish to abandon the Ojibwas. I cannot in future favor the removal of the lake Indians. I believe that all the aid they will receive from the Government will never civilize or materially benifit them. I judge from the manner in which things have been managed here. Our best hope is to do what we can to aid them where they are to live peaceably with the whites, and to improve and become citizens. The idea of the Government sending infidels and heathens here to civilize and Christianize the Indians is rediculous.
I always thought it doubtful whether the experiment we are trying would succeed. In that case it was my intention to remove somewhere below here, and try to get a living, either by raising my potatoes or by trying to preach to white people, or by uniting both. but I do not hardly feel strong enough to begin entirely anew in the wilderness to make me a home. I suppose my family would be as happy at Lapointe, as they would any where in the new and scattered settlements for fifty or a hundred miles below here. And if thought I could support myself then, I might think of going back there. There are our old friends for whose improvement we have laborred so many years. I feel almost as much attachment for them as for my won children. And I do not think they ought to be left like sheep upon the mountains without a shepherd. And if the Board think it best to expend money and labor for the Ojibwas, they had better expend it there than here, as things now are at least. I think we were exerting much much more influence there before we left, then we have here or are likely to exert. I have no idea that the lake Indians will ever remove to this place, or to this region.
Reverend Sherman Hall
~ Madeline Island Museum
What do you think of recommending to the Board to day to exert a greater influence on the people in the neighborhood of Lapointe[?/!] I feel reluctant to give up the Indians. And if I could get a living at Lapointe, and could get there, I should be almost disposed to go back and live among those few for whom I have labored so long, if things turn out here as I expect they will. I have not much funds to being life with now, nor much strength to dig with. But still I shall have to dig somewhere. The land is easier tilled in this region than that about the lake. But wood is more scarce. My family do not like Minesota. Perhaps they would, if they should get out of the Indian country. Edwin says he will get out of it in the spring, and Miles says he will not stay in such a lonesome place. I shall soon be alone as to help from my children. My boys must take care of themselves as soon as they arrive at a suitable age, and will leave me to take care of myself. We feel very unsettled. Our affairs here must assume a different aspect, or we cannot remain here many months longer. Is there enough to do at Lapointe; or is there a prospect that there will soon be business to draw people enough then, to make it an object to try to establish the institution of the gospel there? Write me and let me know your views on such subjects as these.
[Unsigned, but appears to be from Sherman Hall]
Crow-wing Feb. 10th 1854
Brother Wheeler:
I received your letter of jan. 16th yesterday, and consequently did not sleep as much as usual last night. We were glad to hear that you are all well and prosperous. We too are well which we consider a great blessing, as sickness in present situation would be attended with great inconvenience. Our house is exceedingly cold and has been uncomfortable during some of the severe cold weather have had during the last months. Yet we hope to get through the winter without suffering severely. In many respects our missionary spirit has been put to a severer test than at any previous time since we have been in the Indian country, during the past year. We feel very unsettled, and of course somewhat uneasy. The future does not look very bright. We cannot get a word from the Indian Department whether we may go on or not. If we cannot get some answer from them before long I shall be taking measures to retire. We have very little to hope, I apprehend, from all the aid the Government will render to words the civilization and moral and intellectual improvement of the Indians. For missionaries or Indians to depend on them, is to depend on a broken staff.
~ Minnesota Historical Society
“The American Fur Company therefore built a ‘New Fort’ a few miles farther north, still upon the west shore of the island, and to this place, the present village, the name La Pointe came to be transferred. Half-way between the ‘Old fort’ and the ‘New fort,’ Mr. Hall erected (probably in 1832) ‘a place for worship and teaching,’ which came to be the centre of Protestant missionary work in Chequamegon Bay.”
~ The Story of Chequamegon Bay
I do not see that our house is so divided against itself, that it is in any great danger of falling at present. My wife never did wish to leave Lapointe and we have ever, both of us, thought that the station ought not to be abandoned, unless the Indians were removed. But this seemed not to be the opinion of the committee or of our associates, if I rightly understood them. I had a hard struggle in my mind whether to retire wholly from the service of the Board among the Indians, or to come here and make a further experiment. I felt reluctant to leave them, till we had tried every experiment which held out any promise of success. When I remove my family here our way ahead looked much more clear than it does now. I had completed an arrangement for the school which had the approval of Gov. Ramsey, and which fell through only in consequence of a little informality on his part, and because a new set of officers just then coming into power must show themselves a little wiser than their predecessors. Had not any associates come through last summer, so as to relieve me of some of my burdens and afford some society and counsel in my perplexities I could not have sustained the burden upon me in the state of my health at that time. A change of officers here too made quite an unfavorable change in our prospects. I have nothing to reproach myself with in deciding to come here, nor in coming when we did, though the result of our coming may not be what we hoped it would be. I never anticipated any great pleasure in being connected with a school connected in any way with the Government, nor did I suppose I should be long connected with it, even if it prospered. I have made the effort and now if it all falls, I shall feel that Providence has not a work for us to do here. The prospects of the Indians look dark, what is before me in the future I do not know. My health is not good, though relief from some of the pressure I had to sustain for a time last fall and the cold season has somewhat [?????] me for the time being. But I cannot endure much excitement, and of course our present unsettled affairs operate unfavorably upon it. I need for a time to be where I can enjoy rest from everything exciting, and when I can have more society that I have here, and to be employed moderately in some regular business.
Antoine Gordon [Gaudin]
~ Noble Lives of a Noble Race by the St. Mary’s Industrial School (Bad River Indian Reservation), 1909, page 207.
Charles Henry Oakes
~ Findagrave.com
As to your account I have not had time to examine it, but will write you something about it by & by. As to any account which Antoine Gaudin has against me, I wish you would have him send it to me in detail before you pay it. I agreed with Mr. Nettleton to settle with him, and paid him the balance due to Antoine as I had the account. I suppose he made the settlement, when he was last at Lapointe. As to the property at Lapointe, I shall immediately write to Mr. Oakes about it. But I suppose in the present state of affairs, it will be perhaps, a long time before it will be settled so as to know who does own it. It is impossible for me to control it, but you had better keep posession of it at present. I cannot send Edwin [??] through to cultivate the land & take care of it. He will be of age in the spring, and if he were to go there I must hire him. He will probably leave us in the spring. Please give my best regards to all. Write me often.
Yours truly
S. Hall
Crow-wing, Min. Ter.
Feb. 21st 1854
Brother Wheeler,
Paul Hudon Beaulieu
~ FamilySearch.org
I wrote you a few days ago, and at the same time I wrote to Mr. Oakes inquiring whether he had got possession of the Lapointe property. I have not yet got a reply from him, but Mr. Beaulieu tells me that he heard the same report which you mentioned in your letter, and that he inquired of Mr. Oakes about it when he saw him on a recent visit to St. Paul, and finds that it is all a humbug. Oakes has nothing to do with it. Mr. Beaulieu said that the sale of last spring has been confirmed, and that Austrian will hold Lapointe. So farewell to all the inhabitants’ claims then, and to anything being done for the prosperity of the peace for the present, unless it gets out of his hands.
I have written to Austrian to try to get something for our property if we can. But I fear there is not much hope. If he goes back to Lapointe in the spring, do the best you can to make him give us something. I feel sorry for the inhabitants there that they are left at his mercy. He may treat them fairly, but it is hardly to be expected.
Clement Hudon Beaulieu
~ TreatiesMatter.org
As to our affairs here, there has been no particular change in their aspects since I wrote a few days ago. There must be a crisis, I think, in a few weeks. We must either go on or break up, I think, in the spring. We are trying to get a decision. I understand our agent has been threatened with removal if he carries on as he has done. I believe there is no hope of reformation in his case, and we may get rid of him. Perhaps God sent us here to have some influence in some such matters, so intimately connected with the welfare of the Indians. I have never thought I [????] can before I was sent in deciding to come here. Some trials and disappointments have grown out of my coming, but I feel conscious of having acted in accordance with my convictions of duty at this time.
If all falls through, I know not what to do in the future. The Home Missionary Society have got more on their hands now than they have funds to pay, if I were disposed to offer myself to labor under them. I may be obliged to build me a shanty somewhere on some little unoccupied piece of land and try to dig out a living. In these matters the Lord will direct by his providence.
You must be on your guard or some body will trip you up and get away your place. There are enough unprincipled fellows who would take all your improvements and send you and all the Indians into the Lake if they could make a dollar by it. I should not enlarge much, without getting a legal claim to the land. Neither would I advise you to carry on more family than is necessary to keep what team you must have, and to supply your family with milk and vegetables. It will be advantage/disadvantage to you in a pecuniary point of view, it will load you with and tend to make you worldly minded, and give your establishment the air of secularity in the eyes of the world. If I were to go back again to my old field, I would make my establishment as small as I could & have enough to live comfortable. I with others have thought that your tendency was rather towards going to largely into farming. I do not say these things because I wish to dictate or meddle with your affairs. Comparing views sometimes leads to new investigations in regard to duty.
May the Lord bless you and yours, and give you success and abundant prosperity in your labours of love and efforts to Save the Souls around you.
Give my best regards to Mrs. W., the children, Miss S and all.
Yours truly,
S. Hall
I forgot to say that we are all well. Henry and his family have enjoyed better health here, then they used to enjoy at Lapointe.
Feb 27
Brother Wheeler.
My delay to answer your note may require an explanation. I have not had time at command to attend to it conveniently at an earlier period. As to your first questions. I suppose there will be no difference of opinion between us as to the correctness of the following remarks.
- The Gospel requires the members of a church to exercise a spirit of love, meekness and forbearance towards an offending brother. They are not to use unnecessary severity in calling him to account for his errors. Ga. 6:1.
- The Object of Church discipline is, not only to [pursue/preserve?] the Church pure in doctrine & morals, that the contrary part may have no evil thing to say of them; but also to bring the offender to a right State of mind, with regard this offense, and gain him back to duty and fidelity.
- If prejudice exist in the mind of the offender towards his brethren for any reason, the spirit of the gospel requires that he be so approached if possible as to allay that prejudice, otherwise we can hardly expect to gain a candid hearing with him.
Charles William Wulff Borup, M.D. ~ Minnesota Historical Society
I consider that these remarks have some bearing on the case before us. If it was our object to gain over Dr. B. to our views of the Sabbath, and bring him to a right State of mind with regard this Sabbath breaking, the manner of approaching him would have, in my view, much to do with the offence. He may be approached in a Kind and [forbearing?] manner, when one of sternness and dictation will only repel him from you. I think we ought, if possible, and do our duty, avoid a personal quarrel with him. To have brought the subject before the Church & made a public affair of it, before [this/then?] and more private means have been tried to get satisfaction, would, I am sure, have resulted in this. I found from my own interviews with him, that there was hope, if the rest of the brethren would pursue a similar course. I felt pretty sure they would obtain satisfaction. IF they had [commenced?] by a public prosecution before the church, it would only have made trouble without doing any good. The peace of our whole community would have been disturbed. I thought one step was gained when I conversed with him, and another when you met him on the subject. I knew also that prejudices existed both in his mind towards us, & in our minds towards him which were likely to affect the settlement of this affair, and which as I thought, would be much allayed by individuals going to him and speaking face to face on this subject in private. He evidently expected they would do so. Mutual conversations and explanations allay these feelings very much. At least it has been so in my experience.
Reverend Edmund Franklin Ely.
~ Duluth Public Library
As to your second question. I do not say that it was Mr. Ely’s duty to open the subject to Doc. Borup at the preparatory lecture. If he had done so, it would have been only a private interview; for there [was?] not enough present to transact business. All I meant to affirm respecting that occasion is, that it afforded a good opportunity to do so, if he wishes, and that Dr. B. expected he would have done so, as I afterwards learnt, if he has any objection to make against his coming to the communion.
As to your third question. I have no complaint to make of the church, that I have urged them to the performance of any “duties“ in this case they have refused to perform.
And now permit me to ask in my turn.
What “duties” have they urged me to perform in this case, which I “have been unwilling, or manifested a reluctance to perform?”
Did you intend by anything which wrote to me or said verbally, to request me to commence a public prosecution of Doc. Borup before the Church?
Will you have the goodness to state in writing, the substance of what you said to me in your study as to your opinion and that of others suspecting my delinquency in maintaining church discipline.
A reply to these questions would be gratefully received.
Your brother in Christ
S. Hall
Crow Wing. March 12th 1854
Brother Wheeler:
Your letter of Feb 17th came to hand by our last mail; and though I wrote you but a short time ago, I will say a few words in relation to one or two topics to which you allude. Shortly after I received your former letter I wrote to Mr. Oakes enquiring about the property at Lapointe. In reply, says that himself and some others purchased Mr. Austrian’s rights at Lapointe of Old Hughes on the strength of a power of attorney which he held. Austrian asserts the power of attorney to be fraudulent, and that they cannot hold the property. Oakes writes as if he did not expect to hold it. Some time ago I wrote to Mr. Austrian on the same subject, and said to him that if I could get our old place back, I might go back to Lapointe. He says in reply —
Julius Austrian
~ Madeline Island Museum
“I should feel much gratified to see you back at Lapointe again, and can hold out to you the same inducements and assurances as I have done to all other inhabitants, that is, I shall be at Lapointe early in the spring and will have my land surveyed and laid out into lots, and then I shall be ready to give to every one a deed for the lot he inhabits, at a reasonable price, not paying me a great deal more than cost trouble, and time. But with you, my dear Sir, will be no trouble, as I have always known you a just and upright man, and have provided ways to be kind towards us, therefore take my assurance that I will congratulate myself to see you back again; and it shall not be my fault if you do not come. If you come to Lapointe, at our personal interview, we will arrange the matter no doubt satisfactory.”
“The property” from the James Hughes Affair is outlined in red. This encompassed the Church at La Pointe (New Fort) and the Mission (Middleport) of Madeline Island. 1852 PLSS survey map by General Land Office.
I suppose Austrian will hold the property and probably we shall never realize anything for our improvements. You must do the best you can. Make your appeal to his honor, if he has any. It will avail nothing to reproach him with his dishonesty. I do not know what more I can do to save anything, or for any others whose property is in like circumstances with ours.
You speak discouragingly of my going back to Lapointe. I do not think the Home Miss. Soc. would send a missionary there only for the few he could reach in the English language. If the people want a Methodist, encourage them to get one. It is painful to me to see the place abandoned to irreligion and vices of every Kind, and the labours I have expended there thrown away. I can hardly feel that it was right to give up the station when we did. If I thought I could support myself there by working one half the time and devoting the rest to ministerial labors for the good of those I still love there, I should still be willing to go back, if could get there & had a shelter for my head, unless there is a prospect of being more useful here. But the land at Lapointe is so hard to subdue that I am discouraged about making an attempt to get a living there by farming. I am not much of a fisherman. There is some prospect that we may be allowed to go on here. Mr. Treat has been to Washington, and says he expects soon to get a decision from the Department. We have got our school farm plowed, and the materials are drawn out of the woods for fencing it. If I have no orders to the contrary, I intend to go on & plant a part of it, enough to raise some potatoes. We may yet get our school established. If we can go ahead, I shall remain here, but if not, I think it is not my duty to remain here another year, as I have the past. In other circumstances, I could do more towards supporting myself and do more good probably.
I have felt much concerned for the people of Lapointe and Bad River on account of the small pox. May the Lord stay this calamity from spreading among you. Write us every mail and tell us all. It is now posted here today that the Old Chief [Kibishkinzhugon?] is dead. I hardly credit the report, though I should suppose he might be one of the first victims of the disease.
I can write no more now. We are all very well now. Give my love to all your family and all others.
Tell Robert how the matters stands about the land. It stands him in how to be on good terms with the Jew just now.
Yours truly,
S. Hall
The snow is nearly all off the ground and the weather for two or three weeks has been as mild as April.
Crow Wing M.H. Apr. 1 1854
Dear Br. & Sr. Wheeler.
I have received a letter from you since I wrote to you & am therfore in your debt in that matter. I have also read your letters to Br. & Sr. Welton I suppose you have received my letter of the 13th of Feb. if so, you have some idea of our situation & I need say no more of that now; & will only say that we are all well as usual & have been during the winter. Mrs. P_ is considerably troubled with her old spinal difficulty. She has got over her labors here last summer * fall. Harriet is not well I fear never will be, because the necessary means are not likely to be used, she has more or less pain in her back & side all the time, but she works on as usual & appears just as she did at LaPointe, if she could be freed from work so as to do no more than she could without injury & pursue uninterruptedly & proper medical course I think she might regain pretty good health. (Do not, any of you, send back these remarks it would not be pleasing to her or the family.) We have said what we think it best to say) –
Br. Hall is pretty well but by no means the vigorous man he once was. He has a slight – hacking cough which I suppose neither he nor his family have hardly noticed, but Mrs. P_ says she does not like the sound of it. His side troubles him some especially when he is a good deal confined at writing. Mr. & Mrs. W_ are in usual health. Henry’s family have gone to the bush. They are all quite well. He stays here to assist br. H_ in the revision & keeps one or two of his children with him. They are now in Hebrews, with the Revision. Henry I suppose still intends to return to Lapointe in the spring. –
Now, you ask, in br. Welton’s letter, “are you all going to break up there in the spring.” Not that I know of. It would seem to me like running away rather prematurely. When the question is settled, that we can do nothing here, then I am willing to leave, & it may be so decided, but it is not yet. We have not had a whisper from Govt. yet. Wherefore I cannot say.
It looks now as if we must stay this season if no longer. Dr. Borup writes to br. Hall to keep up good courage, that all will come out right by & by, that he is getting into favor with Gov. Gorman & will do all he can to help us. (Br. Hall’s custom is worth something you know).
Henry C. Gilbert
~ Branch County Photographs
By advise of the Agent, we got out (last month) tamarack rails enough to fence the school farm (which was broke last summer) of some 80 acres & it will be put up immediately. Our great father turned out the money to pay for the job. These things look some like our staying awhile I tell br H_ I think we had better go as far as we can, without incurring expense to the Board (except for our support) & thus show our readiness to do what we can. if we should quit here I do not know what will be done with us. Br Hall would expect to have the service of the Board I suppose. Should they wish us to return to Bad River we should not say nay. We were much pleased with what we have heard of your last fall’s payment & I am as much gratified with the report of Mr. H. C. Gilbert which I have read in the Annual Report of the Com. of Indian Affairs. He recommends that the Lake Superior Indians be included in his Agency, that they be allowed to remain where they are & their farmers, blacksmith & carpenter be restored to them. If they come under his influence you may expect to be aided in your efforts, not thwarted , by his influence. I rejoice with you in your brightening prospects, in your increased school (day & Sabbath) & the increased inclination to industry in those around you. May the lord add his blessing, not only upon the Indians but upon your own souls & your children, then will your prosperity be permanent & real. Do not despise the day of small things, nor overlook especially neglect your own children in any respect. Suffer them not to form idle habits, teach them to be self reliant, to help themselves & especially you, they can as well do it as not & better too, according to their ability & strength, not beyond it, to fear God & keep his commandments & to be kind to one another (Pardon me these words, I every day see the necessity of what I have said.) We sympathize with you in your situation being alone as you are, but remember you have one friend always near who waits to [commence?] with you, tell Him & all with you from Abby clear down to Freddy.
Affectionately yours
C. Pulsifer
Write when you can.
Crow wing Min. Ter.
April 3d 1854
Brother Wheeler
George E. Nettleton and his brother William Nettleton were pioneers, merchants, and land speculators at what is now Duluth and Superior.
~ Image from The Eye of the North-west: First Annual Report of the Statition of Superior, Wisconsin by Frank Abial Flower, 1890, page 75.
Since I wrote you a few days ago, I have received a letter from Mr. G. E. Nettleton, in which he says, that when he was at Lapointe in December last, he was very much hurried and did not make a full settlement with Antoine. He says further, that he showed him my account, and told him I had settled with him, and that he would see the matter right with Antoine. A. replied that all was right. I presume therefore all will be made satisfactory when Mr. N. comes up in the Spring, and that you will have need to make yourself no further trouble about this matter.
I have also received a short note from Mr. Treat in which he says,
“I have not replied to your letters, because I have been daily expecting something decisive from Washington. When I was there, I had the promise of immediate action; but I have not heard a word from them”.
“I go to Washington this Feb, once more. I shall endeavor to close up the whole business before I return. I intend to wait till I get a decision. I shall propose to the Department to give up the school, if they will indemnify us. If I can get only a part of what we lose, I shall probably quit the concern”.
Thus our business with the Government stood on March the 9th, I have lost all confidence in the Indian Department of our Government under this administration, to say nothing of the rest of it. If the way they have treated us is an index to their general management, I do not think they stand very high for moral honesty. The prospects for the Indians throughout all our territories look dark in the extreme. The measures of the Government in relation to them are not such as will benefit and save many of them. They are opening the floodgates of vice and destruction upon them in every quarter. The most solemn guarantees that they shall be let alone in the possession of domains expressly granted them mean nothing.
Our prospects here look dark. For some time past I have been rather anticipating that we should soon get loose and be able to go on. But all is thrown into the dark again. What I am to do in future to support my family, I do not know. If we are ordered to quit here and turn over the property, it would turn [illegible] out of doors.
Mr. Austrian expects us back to Lapointe in the Spring & Mr. Nettleton proposes to us to go to Fond du Lac, (at the Entry). He says there will be a large settlement then next season. A company is chartered to build a railroad through from the Southern boundary of this territory to that place. It is probable that Company [illegible] will make a grant of land for that purpose. If so, it will probably be done in a few years. That will open the lake region effectually. I feel the need of relaxation and rest before I do anything to get established anywhere.
We are still working away at the Testament, it is hard work, and we make lately but slow progress. There is a prospect that the Bible Society will publish it but it is not fully decided. I wish I could be so situated that I could finish the grammar.
But I suppose I am repeating what I have said more than once before. We are generally in good health and spirits. We hope to hear from by next mail.
Yours truly
S. Hall
What do you think about the settlements above Lapointe and above the head of the Lake?
Detroit July 10th 1854
Rev. Dr. Bro.
At your request and in fulfilment of my promise made at LaPointe last fall so after so long a time I write: And besides “to do good & to communicate” as saith the Apostle “forget not, for with such sacrifices God is well pleased.”
We did not close up our Indian payments of last year until the middle of the following January, the labors, exposures and excitements of which proved too much for me and I went home to New York sick & nearly used up about the last of February & continued so for two months. I returned here about a week ago & am now preparing for the fall pay’ts.
The Com’sr. has sent in the usual amounts of Goods for the LaPointe Indians to Mr. Gilbert & I presume means to require him to make the payment at La P. that he did last fall, although we have received nothing from the Dep’t. on the subject.
“George Washington Manypenny (1808-1892) was the Director of the Bureau of Indian Affairs of the United States from 1853 to 1857.”
~ Wikipedia.org
In regard to the Treaty with the Chipp’s of La Sup’r & the Miss’i, the subject is still before Congress and if one is made this fall it has been more than intimated that Com’r Manypenny will make it himself, either at LaP’ or at F. Dodge or perhaps at some place farther west. Of course I do not speak from authority or any of the points mentioned above, for all is rumour & inference beyond the mere arrival here of the Goods to Mr G’s care.
From various sources I learn that you have passed a severe winter and that much sickness has been among the Indians and that many of them have been taken away by the Small Pox.
This is sad and painful intelligence enough and I can but pray God to bless & overrule all to the goods of his creasures and especially to the Missionaries & their families.
Notwithstanding I have not written before be assured that I have often [???] of and prayed for you and yours and while in [Penn.?] you made your case my own so far as to represent it to several of our Christian brethren and the friends of missions there and who being actuated by the benevolent principles of the Gospel, have sent you some substanted relief and they promise to do more.
The Elements of the political world both here and over the waters seem to be in fearful & [?????] commotion and what will come of it all none but the high & holy one can know. The anti Slavery Excitement with us at the North and the Slavery excitement at the South is augmenting fact and we I doubt not will soon be called upon to choose between Slavery & freedom.
If I do not greatly misjudge the blessed cause of our holy religion is or seems to be on the wane. I trust I am mistaken, but the Spirit of averice, pride, sensuality & which every where prevails makes me think otherwise. The blessed Christ will reign [recenth-den?] and his kingdom will yet over all prevail; and so may it be.
Let us present to him daily the homage of a devout & grateful heart for his tender mercies [tousward?] and see to it that by his grace we endure unto the end that we may be saved.
My best regards to Mrs. W. to Miss Spooner to each of the dear children and to all the friends & natives to each of whom I desire to be remembered as opportunity occurs.
The good Lord willing I may see you again this fall. If I do not, nor never see you again in this world, I trust I shall see and meet you in that world of pure delight where saints immortal reign.
May God bless you & yours always & ever
I am your brother
In faith Hope & Charity
Rich. M. Smith
Rev Leonard H. Wheeler
LaPointe
Lake Superior
Miss. House Boston
Augt’ 31, 1854
Rev. L. H. Wheeler,
Lake Superior
Dear Brother
Yours of July 31 I laid before the Com’sr at our last meeting. They have formally authorized the transfer of Mr & Mrs Pulsifer to the Lake, & also that of Henry Blatchford.
Robert Stuart was formerly an American Fur Company agent and Acting Superintendent on Mackinac Island during the first Treaty at La Pointe in 1842.
~ Wikipedia.org
In regard to the “claims” their feeling is that if the Govt’ will give land to your station, they have nothing to say as to the quantity. But if they are to pay the usual govt’ price, the question requires a little caution. We are clear that we may authorize you to enter & [???] take up so much land as shall be necessary for the convenience of the [mission?] families; but we do not see how we can buy land for the Indians. Will you have the [fondness?] to [????] [????] on these points. How much land do you propose to take up in all? How much is necessary for the convenience of the mission families?
Perhaps you & others propose to take up the lands with private funds. With that we have nothing to do, so long as you, Mr P. & H. do not become land speculators; of which, I presume, there is no danger.
As to the La Pointe property, Mr Stuart wrote you some since, as you know already I doubt not, and replied adversely to making any bargain with Austrian. I took up the opinion of the Com’sr after receiving your letter of July 31, & they think it the wise course. I hope Mr Stewart will get this matter in some shape in due time.
I will write to him in reference to the Bad River land, asking him to see it once if the gov’ will do any thing.
Affectionate regards to Mrs W. & Miss Spooner & all.
Fraternally Yours
S. B. Treat
P.S. Your report of July 31 came safely to hand, as you will & have seen from the Herald.
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
Julius Austrian Papers: La Pointe Lands
April 29, 2017
By Amorin Mello
Madeline Island Museum
Julius Austrian Papers
Folder 3: La Pointe Lands
Scans #1-25 transcribed (#26-55 not transcribed)
Mortgage Deed
Julius Austrian to Charles Oakes
Office of Register of Deeds
La Pointe County Wis.
I hereby certify that the within is a true copy from the Records in my office of an instrument recorded June 9th 1853 at 10 O’clock AM in Book A of Deeds Vol 1 pages 18 & 19.
John W Bell
Register of Deeds
Fees 7-
– – – – –
Charles Henry Oakes built New Fort for the American Fur Company, was the white father of a La Ponte Band mixed-blood family, and signed several Treaties.
~ Findagrave.com
This Indenture
made the Second day of May in the year of Our Lord One thousand Eight-hundred and fifty three, Between Julius Austrian of the County of La Pointe and State of Wisconsin of the first part, and Charles H Oakes of Minnesota of the second part; Witnessed, that the said party of the first part, for and in consideration of the sum of Sixteen (16) Hundred Dollars in hand paid by the said party of the Second part, the receipt whereof is hereby acknowledged, has given, granted, bargained, sold, conveyed and confirmed, and by those present does give, grant, bargain, sell, convey and confirm unto the said party of the Second part, his heirs and assigns forever all the following described piece or parcel of land situated, lying and being in the County of La Pointe, and State of Wisconsin, known and designated as follows, to wit;
“10 acres or there abouts of Lots 3, 4 & 5 Section 30 to be selected and resumed for Light House purposes of order of the President bearing date the 4 [Apl.?] 1853 see letter of Secr Interior [apl?] 4 /53.
The above lots 3, 4 & 5 with drawn from market util the selection is made see Comt. Instructions to [R.y R. Apl.?] 28 /53 and June 18 /53.
Reservation rescinded by order of the President March 3 /54 see Instructions to [R.g R.y?] March 7 /54.”
~ General Land Office
“Lot number four (4)“ is New Fort (downtown) La Pointe.
~ General Land Office
Lot number four (4) Township fifty (50) Section No. thirty (30) and Range No. three west containing sixty seven & 82/100 acres of land according to the Government Survey.
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 party of the second part, his heir and assigns forever, and the said Julius Austrian party of the first part for himself his heirs Executors and administrators do covenant and agree to and with the said party of the second part, his 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 party of the second part, his heirs and assigns, against all and every person lawfully claiming or to claim the whole or any part thereof, he will forever warrant and defend.
Julius Austrian
~ Madeline Island Museum
Provided nevertheless that if the said Julius Austrian of the first part, his heirs, administrators, executors or assigns shall well and truly pay or cause to be paid to the said Charles H Oakes party of the second part, his heirs, executors, administrators or assigns the sum of Sixteen (16) Hundred Dollars, lawful money, in six equal annual payments, according to the condition of six certain notes bearing even date with, then this deed to be null and void, otherwise to be and remain in full force and effect, but if Default shall be made in the payment of the said sum of money, or the interest, or of any part thereof, at the time herein before specified for the payment thereof, the said party of the first part, in such case, does hereby authorize and fully empower the said party of the second part his executors, administrators or assigns, to sell the said hereby granted premises, at Public Auction, and convey the same the same to the purchase in Fee Simple, agreeably to the statute in such case made and provided, and out of the moneys arising from such sale, to retain the Principal and interest, which shall then be due on the said notes, together with all costs and charges, and pay the overplus (if any) to the said Julius Austrian, party of the first part his heirs, executors administrators or assigns.
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
Sealed and delivered in presence of
~ Findagrave.com
Isaac V D Heard
I Van Etten
Territory of Minnesota
County of Ramsay
Be it known that on the second day of May AD 1853, before the undersigned, personally came Julius Austrian the Grantor to the foregoing and within Deed from him as such Grantor to Charles H Oakes, to me personally known to be the identical person described in and who executed the said deed, and who acknowledged that he executed the said deed freely and voluntarily for the uses and purposes therein expressed.
I Van Etten
Notary Public
Minnesota Territory
Charles W. W. Borup and Charles H. Oakes: married into the La Pointe mixed blood Beaulieu family; built the American Fur Company outift at New Fort, La Pointe; and started Minnesota’s first bank.
~ HeritageAuctions.com
St. Paul, May 2nd 1853
$200
Julius Austrian
– – – – –
St. Paul, May 2nd 1853
$300
On or before the first day of November A.D. 1854, I promise to pay Charles H. Oakes, on order, at the office of Mesfrs. Borup and Oakes, St. Paul, Min. Ter., the sum of Three Hundred dollars, value received—and in case of default in the payment of the above sum of money, then I agree to pay interest on said principal sum at the rate of ten percent per annum until paid.
Julius Austrian
– – – – –
St. Paul, May 2nd 1853
$200
Julius Austrian
– – – – –
St. Paul, May 2nd 1853
$400
Julius Austrian
[Filed 11/30/89]
Power of Att’y
from Jos Austrian
to Jul. A.
Registers certificate inside.
Recorded.
– – – – –
State of Michigan
County of Houghton
Joseph Austrian lived at La Pointe with his brother Julius during 1851 and 1852.
~ Austrian Papers
Know all men by these presents that I Joseph Austrian of Eagle River county of Houghton and State of Michigan have made, authorized, nominated and appointed and by these presents do make authorize nominate and appoint Julius Austrian of La Pointe county of La Pointe and State of Wisconsin my attorney for me and in my name and to my use, to enter into, and take possession of all such messuages, lands tenements, hereditaments, and real estate whatsoever, in La Pointe County of La Pointe State of Wisconsin, whereof I now am, or hereafter may be by any ways or means howsoever entitled or interested in, either in severalty and jointly or in common with any other person or persons.
And also for me and in my name, to grant, bargain, and sell, the same messuages lands, tenements and hereditaments, or any part, share or portion thereof, and all such rights, titles, interest, claim, and demand both in law and equity, as I may have in the same, for such sum and price, and on such terms, as to him shall seem meet, and for me and in my name to make, execute, and deliver good and sufficient deeds and conveyances for the same, and every part thereof, either with or without covenants and warranty.
The north coast of La Pointe was patented in Joseph Austrian‘s name during 1852.
~ General Land Office
And while the sale thereof, for me, and in my name, and for my use, to let and do wise the same real estate or any part of parts thereof for the best rent that can be gotten for the same.
And also for me and in my name, and to my use to ask, demand, recover and receive all sums of money which shall become due, owing or payable to me by means of any such bargain, sale or lease. And to have, use, and take, all lawful ways and means for the recovery thereof by attachment, unrest, distress, or otherwise, and to compound, arbitrate, and agree, for the same and aquittances or sufficient discharges for the same, for me and in my name, to make, seal and deliver, and generally to do, execute, and perform, every thing that may be neccesary in and about the premises, as fully in every respect as I myself might or could do, if I were personally present.
And an attorney or attorneys under him for any or all of the purposes aforesaid, to make and substitute, and again at pleasure to revoke. And I hereby ratify, allow, and confirm, all, and whatsoever my said attorney shall do or cause to be done, in and about the premises by virtue of these presents. In witness whereof I have hereunto set my hand and seal.
Eagle River May 31st 1854.
Joseph Austrian
Signed Sealed and delivered in the presents of
Charles Hembeck
A W. Senter
State of Michigan
County of Houghton
Personally appeared before me Joseph Austrian and acknowledged that he executed the within Power of Attorney, and I further certify, that I well know the said Joseph Austrian, and that he is the same individual who is described as the within conveyance and who executed the same. Eagle River May 31st 1854.
Simon Mandlebaum
Justice of the Peace
Houghton County
Michigan
– – – – –
STATE OF MICHIGAN,
County of Houghton
I James Crawford Clerk of said County of Houghton DO HEREBY CERTIFY, that Simon Mandlebaum – whose name is subscribed to the Certificate or proof of acknowledgement of annexed Instrument, and therein written, was, at the time of taking such proof or acknowledgement a Justice of the Peace in and for said County, duly Elected and qualified, and duly authorized to take the same; AND FURTHER, that I am well acquainted with the hand writing of such Justice of the Peace and verily believe that the signature to the said Certificate or proof of acknowledgement is genuine; I FURTHER CERTIFY, that said Instrument is executed and acknowledged according to the Laws of this State.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Eagle River this Twelfth day of September A. D. 1856.
James Crawford
Clerk.
A Warranty Deed
S S Vaughn and Peter B Vanterventer
to
M. H. Manddlebaum
7 day April A. D. 1855
Recd for Record April 7 1855 at 4 Oclock P.M and Recorded in Book A of Deeds on Page (127)
John W Bell
Register of Deeds for
La Pointe County
Wis
– – – – –
Samuel Stuart Vaughn
~ Western Reserve Historical Society
Know all men
by these presents that we S. S. Vaughn and Peter B Vanderventer and Caroline Vanderventer his wife of the Town and County of Lapointe and State of Wisconsin in consideration of Two hundred Sixty Two and a half dollars to us paid by M. H. Manddlebaum of Town County and State aforesaid the receipt whereof we do hereby acknowledge do by these presents give grant bargain sell and convey unto the said M H Manddlebaum his heirs and assigns a certain piece of land described as follows to wit lot No F??? one in Section No Four and lot No one in Section No Five Township no Forty nine range no Three containing Fifty two acres and forty seven hundreth of an acre together with all the privileges and appurtenances to the said land in any wise appertaining and belonging.
Vaughn/Vanderventer‘s lots 1 & 1 by Old Fort (Grant’s Point) La Pointe.
~ General Land Office
To have and to hold the above granted granted premises to the said M. H. Manddlebaum his heirs and assigns and to his and their use and behoof forever. And we S. S. Vaughn and Peter B Vanderventer and Caroline Vanderventer his wife for ourselves our heirs executors and administrators do covenant with the said M. H. Manddlebaum his heirs and assigns that we are lawfully seized in fee of the aforesaid premises that they are free from all incumbrances that wee have a good right to sell and to convey the same to the said M. H. Manddlebaum as aforesaid and that we will and ours heirs executors and administrators shall warrant and defend the same, to the said M H Manddlebaum his heirs and assigns forever against the lawful demands of all persons.
In testimony whereof we have hereunto set our hand and seal this 7 day of April A.D. 1855
S. S. Vaughn
P. B Vanderventer
Carline (her X mark) Vanderventer
Antoine Gordon was an influential Mixed Blood member of the La Pointe Band.
Sealed and delivered in presence of
John W Bell
A. Gaudin
State of Wisconsin
Lapointe County
April 7th 1855
They personally appeared before me the above named S. S. Vaughn, Peter B Vanderventer and Caroline wife of said Peter B. Vanderventer, who severally acknowledged they did sign and seal the foregoing instruments as their free act and deed, and the said Caroline wife of said Peter B Vanderventer on a private examination before me separate and apart from the said husband acknowledged that she did execute the foregoing deed without any fear or compulsion from her said husband or any other person.
John W Bell
Justice of the Peace in & for
Lapointe County Wisconsin
Deed ~
Antoine & Sarah Gaudin
to Joseph Austrian
Received for Record June 16 1855 [???] and Recorded in Book A of Deeds on page 153.
John W Bell Register for
La Pointe County Wisconsin
– – – – –
WARRANTY DEED. — Printed and sold by SANFORD & HAYWARD, Cleveland, Ohio.
To all People to whom these Presents shall come—GREETING:
KNOW YE, That
we Antoine Gaudin of the County of La Pointe and State of Wisconsin and Sarah wife of said Antoine Gaudin
“Mr. and Mrs. Antoine Gordon,
the founders of Gordon,
would have liked King Midas Flour.”
~ History of Gordon
For the consideration of the sum of two hundred and fifty dollars received to our full satisfaction of Joseph Austrian of Eagle River in the State of Michigan do give, grant, bargain, sell and confirm unto him the said Joseph Austrian the following described TRACT or LOTS of LAND, situate in the township of Lapointe being number (49) in the third range of Townships, which is also in the county of Lapointe and is known
as Lots two (2) and three (3) of section number five (5) containing one hundred acres (100)
Gordons’ lots 2 & 3 near Old Fort (Grant’s Point) La Pointe.
~ General Land Office
TO HAVE AND TO HOLD the above granted and bargained premises, with the appurtenances thereunto belonging, unto him the said Joseph Austrian his heirs and assigns forever, to his and their own proper use and behoof. And we the said Antoine Gaudin and Sarah his wife do, for ourselves our executors and administrator, covenant with the said Joseph Austrian his heirs and assigns, that at, and until the ensealing of these presents we are well seized of the premises, as a good and indefeasible estate in FEE SIMPLE, and have good right to bargain and sell the same in manner and form as above written, and that the same be free from all incumbrance whatsoever. And furthermore, we the said Antoine Gaudin and Sarah his wife do by these presents find ourselves, our heirs, forever, to WARRANT AND DEFEND the above granted and bargained premises to him the said Joseph Austrian his heirs and assigns, against all lawful claims and demands whatsoever. And I the said Sarah wife of the said Antoine Gaudin do hereby remise, release, and forever quit claim unto the said Joseph Austrian his heirs and assigns, all my right and title of dower in the above described premises.
wife of Antoine Gaudin.
In Witness Whereof, we have hereunto set our hands and seals the fourteenth day of June in the year of our Lord one thousand eight hundred and fifty five.
A. Gaudin
Sarah (her X mark) Gaudin
Signed, Sealed and Delivered
in presence of
John .W. Bell.
M. H. Mandelbaum
THE STATE OF WISCONSIN,
COUNTY OF LA POINTE.
June 14 1855.
Personally appeared before the me above named Antoine Gaudin and Sarah his wife who acknowledged that they did sign and seal the foregoing instrument, and that the same is their free act and deed. I further certify, that I did examine the said Sarah wife of said Antoine Gaudin separate and apart from her husband, and did then and there make known to her the contents of the foregoing instrument, and upon that examination she declared that she did voluntarily sign, seal and acknowledge the same, and that she is still satisfied therewith.
John W. Bell
Justice of the Peace
Warrantee Deed
Joseph Austrain
to
Francois Cadotte
Office of Register of Deeds
La Pointe County Wis
I hereby Certify that the within Deed was filed in this office for Record Jany 21st 1858 A M and was duly Recorded in Book A of Deeds Vol [2 or 3?] and page 239.
John W Bell
Register
Fees $1.00
– – – – –
WARRANTY DEED.
Sold by E. Terry & Co., Milwaukee
This Indenture,
Made the Twenty first day of January in the year of our Lord one thousand eight hundred and fifty eight between
Joseph Austrian by Julius Austrian his attorney in Fact Party of the first part and Francois Cadotte of Lapointe County Wisconsin, party of the second part.
Antoine and Frank Cadotte (son and grandson of Michael and Madeline Cadotte, and Mixed Blood member sof the La Pointe Band).
~ Madeline Island Museum
Witnesseth, That the said party of the first part, for in consideration of the sum of Forty dollars Lawfull Money of the United States of America to him in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged has given, granted bargained, sold, remised, released, aliened, conveyed, and confirmed, and by these presents does give, grant, bargain, sell, remise, release, alien, convey, and confirm unto the said party on the second part, and his heirs and assigns forever
the following Described Real Estate situated in the County of of Lapointe and State of Wisconsin, and Known as Lot number Thirty four (34) in the Town of Lapointe according to the Recorded Plat of said town as recorded in the Registers Office of said County of Lapointe.
Cadotte‘s block 34 in downtown La Pointe.
~ Julius Austrian Papers (maps folder)
Together with all and singular the Hereditaments and Appurtenances thereunto belonging, or in any wise appertaining; and all the estate, right, title, interest, claim, or demand whatsoever of the said party of the first part, either in Law or Equity, either in possession or expectancy of, in and to the above-bargained premises, and their Hereditaments and Appurtenances TO HAVE AND TO HOLD the said premises as above described, with the Hereditaments and Appurtenaces unto the said party of the second part, and to his heirs and assigns forever.
And the said Joseph Austrian by his P attorney for himself his heirs, executors, and administrators, does convenant, grant, bargain, and agree to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these present, he is well seized of the premises above described, as of a good, sure, perfect, absolute, and indefeasible estate of inheritance in the Law, in fee simple, and that the same are free and clear from all incumbrances whatever, and that the above-bargained premises in the quiet and peaceable possession of the said party of the second part, his heirs and assigns against all and every person or persons, lawfully claiming the whole or any part thereof [???] will forever WARRANT AND DEFEND.
In Witness Whereof, the said party of the first part, has hereunto set his hand and seal the day and year first above written
Joseph Austrian
by Julius Austrian
his Att in fact.
Sealed and delivered in presence of
John W Bell
STATE OF WISCONSIN
COUNTY OF La Pointe
Be it Remembered, that on the Twenty first day of January A. D. 1858 personally came before me the above-named Joseph Austrian by Julius Austrian his attorney in fact to me known to be the person who executed the said Deed, and acknowledged the same to be his free act and deed, for the uses and purposes therein mentioned.
John W Bell
Justice of the Peace
Antoine Gordon & wife
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 July 11th 1858 oclk and was duly Recorded in Book A of Deeds Vol 2 & page 296.
J W Bell
Register
rec 1 day of July 1861
$550 – 7%.
– – – – –
WARRANTY DEED. Sold by E. Terry & Co., Milwaukee.
This Indenture,
Made the Eleventh day of February in the year of our Lord one thousand eight hundred and fifty eight between
Antoine Gaudin and Sarah Gaudin his wife of La Pointe County & State of Wisonsin of the first part and Julius Austrian of the Same County and State party of the Second part.
Witnesseth, That the said parties of the first part, for and in consideration of the sum of Eight hundred Dollars receipt whereof is hereby confessed and acknowledged, has given, granted bargained, sold, remised, released, aliened, conveyed, and confirmed his heirs and assigns forever
Gordons‘ lot 9 in downtown La Pointe.
~ Julius Austrian Papers (maps folder)
the following Described Real Estate situated and lying in the Town of La Pointe as on Record in the Registers Office of Lapointe County aforesaid and known and Descried as follows being Lot number nine (9) in Block number Thirty six (36) in Said Town of Lapointe, hereby absolutely Revoking and annulling a Deed of Gift, Executed by us to our son Edward on the eighth day of May 1855, and witnessed by John W Bell & William Morin and Recorded same day in the Registers Office of Lapointe County in Book A of Deeds Vol 1 & page 138 for the said described premises.
~ History of Gordon
Together with all and singular the Hereditaments and Appurtenances thereunto belonging, or in any wise appertaining; and all the estate, right, title, interest, claim, or demand whatsoever of the said parties of the first part, either in Law or Equity, either in possession or expectancy of, in and to the above-bargained premises, and their Hereditatments and Appurtenances. TO HAVE AND TO HOLD the said premises as above described, with the Hereditaments and Appurtenances, unto the said party of the second part, and to his heirs and assigns forever.
~ History of Gordon
And the said Antoine Gaudin & wife for themselves heirs, executors, and administrators, does covenant, grant, bargain, and agree to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these present, they are well seized of the premises above described, as of a good, sure, perfect, absolute, and indefensible estate of inheritance in the Law in fee simple, and that the same are free and clear from all incubrances whatever, and that the above-bargained premises, in the quiet and peaceable possession of the said party of the second part, his heirs and assigns against all and every person or persons, lawfully claiming the whole or any part thereof He will forever WARRANT AND DEFEND.
In Witness Whereof, the said parties of the first part, has hereunto set their hands and seals the day and year first above written.
A. Gaudin
Sarah (her X mark) Gaudin
Sealed and delivered in presence of
John W Bell
John [Clikf?]
STATE OF WISCONSIN
COUNTY OF Lapointe
Be it Remembered, that on the Eleventh day of February A.D. 1858 personally came before me the above-named Antoine Gaudin & Sarah Gaudin his wife to me known to be the persons who executed the said Deed, and acknowledged the same to be their free act and deed for the uses and purposes therein mentioned.
John W Bell
Justice of the Peace
Warrantee Deeds
Francis Cadotte
to
Julius Austrian
Office of Register of Deeds
La Pointe County Wis.
I hereby Certify that the within Deed was filedin this Office for Record May the 8th 1858 at M and was duly Recorded in Book A of Deeds Vol 2 on pages 370 & 71
John W Bell
Register of Deeds
Fees $7-
– – – – –
WARRANTY DEED. Sold by E. TERRY & CO., Milwaukee.
This Indenture,
Made the Eighth day of May in the year of our Lord one thousand eight hundred and fifty Eight between
Francis Cadotte of LaPointe County, Wisconsin, party of the first part and Julius Austrian of Lapointe county party of the second part.
Witnesseth, That the said part of the first part, for and in consideration of the sum of Forty Dollars lawfull money of the United States to him in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged has given, granted, bargained, sold, remised, released, aliened, conveyed, and confirmed, and by these presents does give, grant, bargain, sell, remise, release, alien, convey, and confirm, unto the said party of the second part, and his heirs and assigns forever
the following described Real Estate situate in the County of LaPointe and State of Wisconsin, and Known as Lot Number Thirty four (34) in the Town of La Pointe, according to the Recorded Plat of said Town as Recorded in the Registers Office of said County of La Pointe.
Block 34 in New Fort (downtown) La Pointe.
~ Julius Austrian Papers (maps folder)
Together with all and singular the Hereditaments and Appurtenances thereunto belonging, or in any wise appertaining; and all the estate, right, title, interest, claim, or demand whatsoever of the said party of the first part, either in Law or Equity, either in possession or expectancy of in and to the above-bargained premises, and their Hereditaments and Appurtenances. TO HAVE AND TO HOLD the said premises as above described, with the Hereditaments and Appurtenances made the said party of the second part, and to his heirs and assigns forever.
And the said Francis Cadotte for himself his heirs, executors, and administrators, does covenant, grant, bargain, and agree to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these present, he is well seized of the premises above described, as of a good, sure, perfect, absolute, and indefensible estate of inheritance in the Law, in fee simple, and that the same are free and clear from all incumbrances whatever, and that the above-bargained premises, in the quiet and peaceable possession of the said party of the second part, his heirs and assigns against all and every person or persons, lawfully claiming the whole or any part thereof He will forever WARRANT AND DEFEND.
In Witness Whereof, the said party of the first part, has hereunto set his hand and seal the day and year first above written.
Francis Cadotte
Sealed and delivered in presence of
John W Bell
STATE OF WISCONSIN
COUNTY OF La Pointe
Be it Remembered, that on the Eight day of May A.D. 1858, personally came before me the above-named Franis Cadotte to me known to be the person who executed the said Deed, and acknowledged the same to be his free act and deed, for the uses and purposes therein mentioned.
J W Bell
Justice of the Peace
Office of Register of Deeds
La Pointe County Wisconsin Sept 5th 1859
I hereby Certify that up to this date, that the two United States Patents, to Julius Austrian numbered (79,458) and(2421) for Lands on Madeline Island have never been Recorded in this Office, nor any instrument from any person, in relation to any of the lands embraced in said Patents, and that the same are free from all incumbrances.
John W Bell
Register of Deeds
Objections to Mail Route 13780
April 10, 2017
By Amorin Mello
The following is a reproduction of “objections to Julius Austrian’s mail contract business (May 27, 1855)” from a Minnesota Historical Society collection of United States Post Office correspondences known as Selected items relating to Minnesota, 1855-1861. This is a classic example of how primary sources sources and historians tend to either honor, abhor, or ignore Julius Austrian at La Pointe. The petition was not included, but it will be reproduced here if it can be found.
Whittlesey, La-pointe Co.,
Wisconsin. May 21st, 1855
Horatio King
~ Wikipedia.org
To the Hon. Horatio King,
First Asst. Postmaster General, D.C.
Dear Sir: In addition to this petition, we would respectfully call your attention to a brief history of the base intrigues of Julius Austrian, the Jew, who now holds the contract for carrying the mail on route 13780. Heretofore there have been but few whites, that is, Yankees living upon the Island, most of the residents being halfbreeds, French and Indians. These people never have much interest in mail matters and consequently care very little whether Mr. Austrian carries the mail regularly or not. Indeed they cannot read a letter if they should receive one and therefore have no interest in such things. Now whenever Mr. Austrian wishes to effect an alteration in mail matters, he goes to these illiterate Frenchmen, gets them to sign something they hardly know what, but he gets their names and these, with his unprincipled misrepresentations, are the instruments and means by which he accomplished his selfish ends. Those who are most interested in mails, our merchants and other business men, who of course would oppose his measures, know nothing of this until the change is made, and the “Jew” triumphantly announces to them, that by his influence at Washington he has effected this or that change, a change in which those most interested and most effected, could have no voice. The change of the mail route, via St. Croix, to via Fon-Du-Lac, was accomplished in this manner; the route was perfectly satisfactory to those most interested, as it was, and they knew nothing about it until it was done. The change he has effected this winter, while at Washington, was brought about very much in the same manner, it does not meet the wants of the public.
Julius Austrian
~ Madeline Island Museum
Besides all this, he does not fulfil his present contract, and if anyone complains, he very insolently tells them, if they do not like the mail arrangements they can leave the place. The 11th of May we received a mail from Fon-dulac, how cheering to know that we must wait one month ere we could have another mail. Well, the people were indignant at such treatment, they resolved to use their utmost exertions to break up such a state of things – as soon as the “Jew” found out the indignant feelings that were among the people, he immediately dispatched a mail to Fon-du-lac, and one to Ontonagon on the 16th of May, which we believe is not in accordance with contract which he now holds, it should have left Lapointe June 5th or 8th. No one was prepared to send letters, supposing that the mail was not to go out until the last named date, consequently no good was accomplished by this irregular and untoward way of doing business. His object in this undoubtedly was to arrest our action upon the matter, by giving us to understand, that we were to have the usual privileges of mail, and as soon as our indignation had a little subsided, to do as he pleased again.
Now what we want is to give you such an insight into his doings as will forever destroy his influence at the P. O. Dept. We are tired of his underhand intrigues and disgusted with his mean duplicity. It is hard to think that the only means of doing our business correspondence and communicating with our friends can be enjoyed but twelve times a year and all through the means of an unprincipled “Jew”. We therefore respectfully ask and sincerely hope that if the Dept. can find sufficient evidence that he has broken his contract and other misdemeanors which we know him to be guilty of, they will transfer the carrying of the mail to Wm. E. Vantassle, Esq., who is a respectable man, a good citizen and every way worthy of the trust, and you will thereby illicit the gratitude of your fellow countrymen.
Unanimously approved and adopted at our indignation meeting held at Ashland Whittlesey P.O.
C. A. Rollins, Chairman.
A. W. Burtt, Secretary.
By Amorin Mello
This is the third installment of the Memoirs of Doodooshaboo series on Chequamegon History, as transcribed by us from the original handwritten memoir of Joseph Austrian at the Chicago History Museum. This installment covers Joseph Austrian’s migration from New York City to Mackinac Island, where he is greeted by his sister Babette Austrian and her husband Louis Freudenthal Leopold. The next two installments describe Joseph Austrian’s experience with his Leopold and Austrian relations on Chequamegon Bay during 1851-1852 (Part 1 and Part 2).
Memoirs of Doodooshaboo
… continued from Manhattan 1848-1850.
Started for Mackinaw Island. 1850.
“State-room saloon of the Isaac Newton (Hudson River steamboat)”
~ New York Public Library digital collection, image WWM9814-012008f
Leaving my sister in New York, under the care of Uncle and Aunt, I left for Albany on the steamer Isaac Newton, then considered the finest steamer on the Hudson River. A state room then was a luxury out of the question. I sat up all night long in the engine room watching the machinery, which had a fascination for me. There was aboard a young lady who had crossed the ocean on the same ship I had come over on. She was all alone on her way to Joliet, she had been annoyed by some passengers, offering to buy a stateroom for her, and she was happy when she saw me, and as it were, put herself under my protection passing off as my sister, she also sat up all night with me in the engine room. Many years later I met this young lady’s aunt in Chicago, she was a neighbor of ours and we enjoyed a pleasant chat over by gones.
“SS Atlantic, built 1848, courtesy of Institute for Great Lakes Research, Bowling Green State University.”
~ Øyergenealogy
We reached Albany the following morning breakfasting at a restaurant, and early that afternoon started on our emmigrant car, arriving at Buffalo next morning. The car was fitted with wooden benches running length wise, all we had to eat on the journey was apples, which I bought on the way from boys and girls who came into the train with baskets full at the several stations where we stopped. This same evening we started on the side wheel steamer “Atlantic,” taking steerage passage for Detroit; we encountered a heavy storm on Lake Erie, it was very rough and we were tarted to a severe spell of seasickness. I managed by tipping one of the cooks to get some coffee for my companion and myself as eatables were not supplied to steerage passengers usually, this was our breakfast. After our long fast, with the exception of the apples, we arrived at Detroit at ten o’clock next morning, my travelling companion continuing her journey on to Chicago.
I went with a tavern keeper, a Mr. Martin Fry, who had met our boat at the landing and solicited patronage. His place was called “Gast Haus zu Rheinpfaltz” a cheap boarding house, the boarders were principally railroad laborers. Mr. Fry was a kind man, he went with me the following morning to the river front, for the purpose of making enquiries regarding the leaving of the next steamer for Mackinac, which I intended taking. Imagine my consternation, when I heard that the last boat of the season had left, there was no railroad connection between these two places, and it was too hazardous to try to reach Mackinac by sleigh on foot; under the circumstances I was compelled to face the only alternative of remaining in Detroit over the winter.
Compelled to Remain in Detroit. 1850.
~ Detroit Perspectives: Crossroads and Turning Points, by Wilma Wood Henrickson, 1991, page 114.
I had taken but 15$ or 20$ with me on leaving New York, leaving the surplus with my sister, and I had no intention of calling on her or any one for more. What to do now was the next question. Mr Fry offered to board me during the entire winter for the sum of $25, but the amount looked so large to me, and I declined but arranged to pay him $1.75 per wk but had to share my room and bed with another party, a stranger to me. Fry volunteered to assist me in trying to find employment and going with me to stores, and factories amongst others to Silverman & Co., a cigar factory and to Friedman & Co., a large dry goods store. Mr. Friedman was a friend of Mr. L. F. Leopold who had written him concerning me. In spite of all, although I was willing to do any reasonable work I was able to perform for my board, the general answer I got was “they had all the help they needed” then, and could not use me for anything I was suitable to do, which was a sore disappointment to me.
My First Business Venture:- Peddling. 1850.
~ Wikipedia.org
~ Detroit Perspectives: Crossroads and Turning Points, by Wilma Wood Henrickson, 1991, page 114.
One of the boarders, a young jeweller who had just returned from New York where he had been to buy goods to replenish his stock, found that in doing so he had failed to reserve enough cash to take him back to Chicago, and being short was forced to stop over to await funds to be sent him by his brother at Chicago. He told me confidentially of his predicament, and I confided to him my plight. I had 12$ in cash on hand, and he proposed that I should invest this in notions, he to assist me in selecting the goods, and to start out together in peddling while he remained in Detroit. As he spoke English and I could not understand one word, I gladly accepted his proposition. We started off at once, first to the market place, where we bought a cheap splint basket then to Benedict & Co’s Jefferson Ave. where we made our selection.
While making our purchases, I suddenly called a half and had the bill figured up, as the original bill I have among my papers in Chicago will [???] fearful that the order might over reach my capital, and found that there was still one dollar left to invest; after completing which we started for my room with basket and bundle, we arranged and assorted and rearranged the goods in the baskets to make the best possible showing, and my partner taking the basket and I throwing a dozen red woolen mufflers over my shoulder, we started out two days after my arrival in Detroit, on my first peddling expedition, and had fair success, selling a few dollars worth the first day, and reinvesting the amount in more goods the same evening. Thus we continued for five days, when my partner received his remittance and informed me that he would start for Chicago. We took inventory and found our profits had amounted to $2.00 in all. As his share in the profits, he took a dozen brass seal rings as I found these articles with my limited English vocabulary difficult to dispose of. He started for Chicago and the following morning I set out alone with my basket. Not being able to speak or understand English, I felt a little timid at first, however I managed to get on with fair success. I chose the outskirts of the city for my trade, the roads to the city were very bad, and I calculated the difficulty offered people in going to and fro, would be to my advantage. I naturally suffered frequently from the could, on these long tramps. I did not possess an overcoat, and only scant underwear, and no means nor inclination to incur further expense for clothing.
“Map from 1850 of the Michigan Southern and connecting railroads. The Michigan Central is also shown, with its then-western terminus of New Buffalo. The Detroit & Pontiac, soon to become the Detroit & Milwaukee, is not shown.” ~ Wikipedia.org
The Michigan Central Railroad was being constructed toward Chicago, at this time there being no through communication. Mr. Friedman had advised me to perfect myself in the English language and given me the name of a teacher who had instructed him on his coming to America. I immediately, after I found myself compelled to remain in Detroit, made arrangements with the teacher to give me two hours lesson each evening, which I continued to take most conscientiously all winter.
Left for Mackinaw. 1851.
When Spring came I found that after having paid all my expenses, I had enough money left, (ten dollars) to pay for my ticket to Mackinaw, this was May 1851, and treated myself to first cabin passage, the first time I had traveled first class since leaving my home in Germany. I left Detroit, March 28th. 1851 on the Propeller, Republic, on Lake [blank] and had a smooth passage, it was quite cold and a thin sheet of ice had formed over the lake, but not thick enough to retard progress.
“Woodcut engraving of the propeller REPUBLIC towing the Michigan Southern Railroad Company’s steamboat NORTHERN INDIANA into Pigeon Bay as she burned on Lake Erie on 17 July 1856.”
~ MaritimeHistoryoftheGreatLakes.ca
~ Wikipedia.org
~ EarlyCanadianHistory.ca
On April 1st. I arrived in Mackinaw (also called Mackinac Island) deriving its name from the Indian word Michili. The Island at this time had about three hundred white inhabitants and there was also an Indian settlement there. A government fort was located here on a high steep hill, surrounded by a stone wall, where a few companies of soldiers were stationed. The Island was a beautiful romantic place, it had no telegraphic or railroad communication, consequently in the winter, with the close of navigation, it was entirely out cut off, and isolated from the rest of the world. In the summer it was visited as a summer resort to some extent then, and has in later years become very popular as such. Chicago at this time had no direct railroad connection with the East, all travel between there and the East was by water.
1843 Drawing of Mission Point Beach at Mackinac Island, Michigan
~ Historic Mackinac: Volume 1 by Edwin O. Wood, 1918, facing-page 367.
There was a fine line of large side wheel steamers, elegantly fitted up and furnished with a band of music aboard. These steamers ran between Chicago & Buffalo, and always made stops at the Island on their regular trips and enlivened things there.
On my arrival there I received a most hearty welcome from my sister Babette and brother-in-law Louis F. Leopold, who had worried considerably over my having missed the last boat of the season and therefore having been obliged to remain all winter in Detroit. Mr. L. F. Leopold was the oldest of four brothers Aaron, Henry & Samuel, they together with Mr. Julius Austrian had a dry goods store on the Island, and in addition to this were engaged in the fish business, furnishing nets, salt & barrels to the fishermen, who caught and packed the fish, the same being later on collected from the different fishing grounds by a small schooner sent out for that purpose. Alternately the three younger brothers were sent in charge of these expeditions. L. F. Leopold was naturally a bright man, but egotistical, and very visionary and with most unpractical business ideas, still he had complete influence and control over his brothers who implicitly obeyed his commands, often contrary to their own and better judgement.
The day after my arrival at Mackinaw Mr. Leopold took me to the warehouse and showed me his stock consisting of hundreds of barrels of fish. The collection of the season. I was told that I was expected to assist in repacking this fish, which is done before their being shipped to market. I was eager to do so and went right to work and worked hard daily as I did not want to be under obligations for my board even for the short time I was to remain at Mackinaw. I did not find the occupation enticing or agreeable, my principal lamentation was that the strong salt brine ruined my clothes, and my wardrobe had become sadly depleted by this time.
To be continued in La Pointe 1851-1852 (Part 1)…
By Amorin Mello
This is the second installment of the Memoirs of Doodooshaboo series on Chequamegon History, as transcribed by us from the original handwritten memoir of Joseph Austrian at the Chicago History Museum. This installment covers Joseph Austrian’s migration from Bavaria to New York City. Later installments describe Joseph Austrian’s experience with his Leopold and Austrian relations on Chequamegon Bay during 1851-1852 (Part 1 and Part 2).
Memoirs of Doodooshaboo
… continued from Bavaria 1833-1847.
Left Wittelshofen. 1848.
~ Wikipedia.org
I went to Feuchtwang, to my uncle’s home, making myself useful in the fields about the house and barn and otherwise. He was an intelligent man, self educated and well read, a fine gentlemanly person, but penurious. My coming in contact with him was beneficial as I spent my evenings with him in his study and profitted by his large knowledge of things. My aunt was very kind and treated me as one of her own family, after having been there for one and a half years, and finding there was no further improvements to be gained, in accordance with the suggestions of my brother Julius and brother-in-law Lewis F. Leopold, who had gone to America some four years before, it was finally decided that I with my sister Ida should emigrate to America.
Mr. L. F. Leopold had a fishing and trading business at Mackinaw, my brother Julius was located at La Pointe on Madelaine Island, one of the Apostle group of islands in Lake Superior, northern Wisconsin, where he was engaged in the fur trading and had a general store, and traded with the Indians and half breeds buying fur from them.
Emigrated to America. 1850.
~ Wikipedia.org
~ Wikipedia.org
On October 4, 1850, at 4 o’clock in the morning, my sister Ida and I started for America. It was a cheerless raw morning, and with heavy hearts we set out in a private conveyance, via Feuchtwang to Wurzburg, where we arrived that evening and put up at the Wittelsbacher [Hof?]. The following morning we started on a little steam boat on the River Main, for Frankfurt, via Ashaffenburg, where we arrived that evening, leaving for Frankfurt the next morning, arriving there in the afternoon, and were met at the landing by our Uncle Heinrich Heule, who received us most cordially and invited us to his home, where we remained two days. We dined the 2nd day with his daughter, our wealthy cousin, Frau Richa Schuster, who gave a fine dinner in our honor.
~ Wikipedia.org
~ Wikipedia.org
From Frankfurt we went to Mainz, to which place our baggage had been forwarded ahead of us. The following morning we started on a Rhine steamer for Rotterdam, thus taking in the entire Rhine trip which we enjoyed immensely, we remained in Rotterdam two days, when we crossed the North Sea on rather a poor small steamer for Havre, France. In crossing we encountered a terrific storm during the night, the waves swept over the decks of the steamer causing the water to rush into the cabin where we were sleeping, and we had our first and most severe experience of home sickness. On our arrival at Havre we looked woe begone, and some of our baggage was almost ruined. The ship on which we were to sail was a large three masted “square rigged” sail vessel, “Robert Kelley”, Captain Barstow. On looking her up, I found she would not leave for five days to come, as she had not yet finished loading her cargo. In the meantime we were comfortably located in a boarding house where we made further preparations for our Ocean Voyage. Oct 20 we sailed from Havre taking 2nd cabin passage which was near the captain’s quarters. There were seven persons besides ourselves occupying our cabin. The ship did not furnish food for the passengers, but provided facilities for them to do their own cooking in a limited way. There were some rows of a certain kind of cooking stoves which were heated by an employee of the ship, the places were divided into a number of spaces so arranged, that kettles could hang in them. Each space was allocated to certain parties during the trip, but there were many more passengers than spaces, and it was not seldom that a fight was occasioned by one or the other party claiming the privilege of priority. In fact when a person turned his back for a few moments, while engaged in preparing food, someone would take off his kettle substituting his own. On certain person finding himself thus dispossessed grew furious and hurled his kettle contents and all on him who had played him this trick. The mate happened to come along, and made the one who had thrown the kettle, take off his coat, and with it wipe up the floor clean, threatening to lock up anyone who would do any thing of this kind again.
Before leaving home my mother had provided us with food such as could be easily prepared, such as roasted [four?], prunes, [gruieback?], dried beef, smoked tongue, &c. During the trip, two others of our party besides myself alternately attended to the cooking, and we got along as well as could be expected. On the voyage we had generally heavy winds and a rough sea, but fortunately the winds came mostly from the direction favorable to our sailing, consequently we made good headway.
Our Captain was a very capable navigator and very strict in his discipline. Among our passengers were two close friends, “frenchmen,” who often indulged to freely in French wine, quarreled, one stabbed the other but not seriously. After the Captain investigated the matter, the offender was hand cuffed. When it was rough the poor fellow tossed about mercilessly, when his injured companion took pity on him, and at such times would remain with him, leading him by the arm to protect him and to keep him from falling.
Besides the second class passengers there were about two hundred steerage passengers, below. One of these men “a monk” jumped overboard one day, the Capt. happened to see it, and gave orders to have the ship quickly turned about. A life buoy thrown by the Captain to the man struggling in the water, was grasped by him and six sailors in a life boat put out to rescue and managed to save him just in time. The monk was brought back to the vessel more dead than alive, the ship’s doctor worked until he revived him. On being questioned he said, he jumped over board owing to the terrible unpleasant surroundings in Steerage. The Capt. then told him that he would not again risk the lives of his sailors, should he jump in again, but there was no need of it, as he did not make another attempt.
On November 20th, we sighted land during the afternoon, and in compliance with a signed “wanting to be towed”, a tug came along side of our ship the next morning, throwing us a tow line, and we expected to reach New York the following morning. But we were doomed to disappointment, a large head wind sprang up and the tug could make no headway, and after a few hours of futile struggle, the tug gave up the attempt to tow us and cast off our line, and our ship was compelled to turn back to sea to avoid danger of the coast. But the next morning two tugs came on and took our ship in tow, and the wind having subsided, made good headway.
Presently a little schooner came along side our ship, and parties aboard began bartering with the passengers to buy their bedding, for which they might have no further use, I gladly sold mine.
Arrived in New York. 1850.
Castle Gardens was still an entertainment center in 1850, and did not operate as an Immigration Station until the years 1855-1890.
~ Castle Clinton National Monument
We landed at Castle garden about noon November 21st, our trip over, having lasted about a month. Under the inspection of the Custom House Officers the luggage was unloaded, by sliding the same down a steep plank, and in watching this performance to my great consternation, I saw one of my big chests burst open and contents scattered, giving me an endless amount of trouble to get all repacked. The chest contained an outfit of linens and feather beds our mother had given us for our future use.
Joseph and his sister Ida arrived at New York City via the Robert Kelley on November 21st, 1850.
~ “New York Passenger Lists, 1820-1891,” image 560 of 869; citing NARA microfilm publication M237 (Washington D.C.: National Archives and Records Administration, n.d.).
Joseph Austrian (Oestreicher) and his sister Ida on the passengers list.
On landing, an Uncle of ours, Mr. Heule, an old gentleman about 70 years old, met us on the pier, and it seemed good to see some one who knew us. My Uncle and sister went for a short walk leaving me to look after the baggage, expecting to return in a little while for me, but the afternoon passed, and night came on without their returning. Most all of the passengers had left the pier and I was left alone on my first night in America. Some of the sailors feeling they had been abused by the mate on the voyage over, and made up their minds to get even with him, and on the upper deck that evening, together they attacked him, beating him till they nearly killed him. The noise and excitement the tummult occasioned, did not have a cheering effect upon me, however, when things quieted, I went up on deck and stayed there till after midnight watching the ferries cross and re-cross, which was a novel sight I enjoyed. By this time I despaired of seeing or hearing from my uncle or sister that night, and although worried I sought to get some rest, there was no bed for me and I laid on the hard wood floor that night, and had not a morsel of food to eat. I could not speak a word of English, and altogether, I felt rather forlorn, on this my first night in America. Finally next morning they came to look for me & simply explained that they had wandered too far and Uncle thought it too late to come back for me, and had gone on to his home. I accompanied them back, on our way a vender of notions with his basket on his arm happened to pass me, my Uncle turned to me remarking that I would have to begin with something of this kind to earn my living; it was not an encouraging prospect, and I said nothing, but I little thought then how soon his words would come to pass.
I visited at my Uncle Max Heule’s two days and then decided to start for my intended destination, Mackinaw Island.
To be continued at Mackinac 1850-1851…
Memoirs of Doodooshaboo: Joseph Austrian in Bavaria 1833-1847
December 28, 2016
By Amorin Mello
This is the first installment of the Memoirs of Doodooshaboo series on Chequamegon History, as transcribed by us from the original handwritten memoir of Joseph Austrian at the Chicago History Museum. This installment contains rare details about a Jewish community in Bavaria before other records were destroyed by Nazi Germany in later years. Later installments describe Joseph Austrian’s experience with his Leopold and Austrian relations on Chequamegon Bay during 1851-1852 (Part 1 and Part 2).
Joseph Austrian’s
Autobiographical and Historical Sketches.
Dedicated to
My Wife and Members of my Family.
My Childhood Days. 1833.
~ Wikipedia.org
I was born September 15, 1833, in a small village called Wittelshofen (Mittel Franken, Bavaria), located at the foot of the Hesselberg, a mountain 1800 ft. high, and at the junction of two little rivers Wörnitz and Sulzach near Dinkelsbuehl, where the judiciary district court is located.
~ Wikipedia.org
On the top of the said mountain, every year in June a fair, called “Hesselberger Messe,” was held which was the great attraction for all the people of the several villages located around the foot of the mountain. To this it was customary to invite friends and relatives from far off places to attend, and it was generally very enjoyable barring the climb it meant to get up there, as it was too steep for vehicles to drive up there excepting from one direction where the road up was more gradual and which was used for the transportation of things for the fair. Besides the many places where beer was sold and where the rural population had dances, and other amusements there was generally a circus and other shows there. The view from the top of the mountain in clear weather was very fine and interesting. I always looked forward impatiently to the time when this fair took place, and soon as I was old enough to take this long steep walk, I availed myself of the opportunity which I greatly enjoyed.
Wittelshofen
The village of Wittelshofen had about 500 inhabitants of which about half consisted of Jews and the other half Protestants.
My father’s house was one of the largest and best in the place and stood opposite an old small castle, the grounds of which were surrounded by a stone wall about 10 feet high. Our home was on a lane called “Schmalz-gasse” which in wet weather was very muddy.
My father’s name was Abraham Isaac Oestreicher (Austrian), he was born in Wittelshofen and died there Sept 17, 1852 of apoplexy at the age of 75 yrs. He was an only son and his father gave him what educational advantages could then be obtained and principally in “Hebrew” which gained for him the name title of “Reb” and he was known by the Jewish village people as “Reb Frohen”. He had a large library of Hebrew books, they were of unusual size and some nearly a hundred years old.
My father was brought up strictly in the observance of the Jewish faith and adhered to its orthodox teachings very strongly. He was an easy going man and known by all for his honest and upright character. He dealt in live stock and had some good farm lands located around the outskirts of the place.
~ Chicago, the Garden City. Its magnificent parks, boulevards and cemeteries. Together with other descriptive views and sketches by Andreas Simon, 1894, pg. 147
My mother’s name was Malka nee Heule, whose parents were considered wealthy, her father, [Hyrun?] Heule was known and respected all around for his charitable deeds, especially for what he did during the famine, caused by the crop failure in 1825, when he sent big wagon loads of flour and other suplies to the famine stricken district to feed the needy, thereby saving many from starvation.
My mother was an intelligent and determined woman, and took sole charge of the house hold and education of the children. She was born in Braunsback, Wurtenberg. She died at the age of 87 yrs in Chicago, Aug 6th, 1882.
~ Wikipedia.org
My father had three children by his first wife and ten by my mother, the eldest died when a baby the others were Falk, Marx, Julius, Babette, Ida, Fanny, Joseph, Minna, & Solomon. The latter being the youngest was my father’s pet. Falk, my oldest brother, was sent to a neighboring city for higher education, which afterwards secured for him a position as a clerk and traveling agent in the business of Wedels in Furth, a brother-in-law of my mother, where he earned a good salary.
My next brother Julius, was sent to Feuchtwangen to learn the tanning trade and afterwards travelled afoot for a couple of years or more working in a number of other cities at his trade, as it was there customary to perfect themselves in the trade, and later going clear to Paris, France, before returning home, a short time afterwards he emigrated to America to join our brother-in-law Lewis F. Leopold, who had located in business at Mackinaw, with branches in Wisconsin.
Julius Austrian (Oestreicher) immigrated with his sister Babette (wife of Louis Freudenthal Leopold) and brother-in-law Henry Freudenthal Leopold.
~ “New York Passenger Lists, 1820-1891,” image 19 of 895; NARA microfilm publication M237 (Washington D.C.: National Archives and Records Administration, n.d.).
My brother Falk went to California in 1846 via Panama. At six years of age I entered school. I remember well when my mother took me on the first day to school and had me give the teacher a package of smoking tobacco. I went to the public school in the morning, the teacher had little education, his father was the village tailor; the son being versed in the three “R’s” his father secured the position of teacher for him. In the afternoon I went to the Hebrew school. Mr. Mandel was the teacher there, he had received his education in a Seminary he was very strict and high tempered, the children all feared him, as occasionally he afflicted corporal punishment. Besides this I had private lessons in history and geography.
At the age of thirteen I had to start to assist working in the field, in harvesting and hay making. I also had to plow when I was barely strong enough to handle the plough, I had to hook the handles over my shoulders to manage to get to the next furrow. I had to arise during some of the winter months at 4 o’clock in the morning, and assist in the threshing while it lasted, and I got thrashed sometimes too, when I did not keep time. My greatest sport was fishing, for which purpose I made my own pole and I often walked off to the river, when my folks thought I was busily employed. The fish I caught were mostly perch. I remember I once caught several and fastened one to a string fastened to a stake in the ground, suddenly a severe thunder storm came up, at which I made hurridly for home, forgetting the little perch I had left behind. I started bright and early the next morning to get it, and to my great surprise on pulling the string I hauled up a big pike instead of the little perch, which had evidently swallowed the latter tied to the stake and thus was caught. The joy of my good luck was indescribable.
Another sport I was very fond of was shooting off pistols. My brother Marx had one in an old cupboard drawer, which I managed to get hold of one day and when none of the family were about I with a few of my boy friends ran off to the fields, where we had such fun taking turns in shooting, and when we had no more powder we snapped off percussion caps. When a pistol was not available I constructed an improvised pistol of my own design, by attaching a big old hollow key to a natural crook of wood, which I selected in the wood shed and to which I fastened it with wire. After filing a hole on the side of the key, under which I attached a piece of tin to hold the powder. When i was ready to shoot, I laid a little flat sponge on the tin, lighting the outer edge, which acted as a fuse, and as it burned toward the powder ignited it causing it to go off and making a loud report. Not trusting the old key entirely, however, fearing it might explode, I went to a safe distance after lighting the fuse.
Outside the synagogue in Wittelshofen, Bavaria, Germany. Circa 1912-1938.
~ United States Holocaust Memorial Museum, photograph # 25821.
“Wittelshofen was declared ‘Judenfrei’ (‘free of Jews’) in January 1939.”
“The synagogue building was demolished during the winter of 1938/39.”
“A memorial stone was later unveiled there.”
~ Destroyed German Synagogues and Communities
In 1840, at the grand celebration of the new synagogue, my parents entertained with an invitation on a large scale. My mother had arranged for a special cook to prepare a grand feast. I and the younger children were excluded. I did not fancy being barred from participating. In strolling through the pantry I espied an elaborately decorated tart, chief ornament to grace the table. While the cook was otherwise engaged at the last moment, I managed to eat off the ornaments and decorations. Never will I forget the excitement and consternation the discovery of my act caused. Could hands have been laid on me then, I would have been severely dealt with.
In my fourteenth year, my mother began planning as to my future. The income of the fields, and the cattle business had declined, and considering the large family and household to be provided for did not permit of incurring much expense for my higher education, and my father advanced age made it impossible for him to enlarge his income. My mother was anxious to get me away from Wittleshofen, as she could see no promise in the future there for me. At this time, an opporunity was offered through my uncle Samuel N. Guttman and accepted.
Chequamegon History 