By Amorin Mello

Early life among the Indians
by Benjamin Green Armstrong
continued from Chapter I.

CHAPTER II

In Washington.—Told to Go Home.—Senator Briggs, of New York.—The Interviews with President Fillmore.—Reversal of the Removal Order.—The Trip Home.—Treaty of 1854 and the Reservations.—The Mile Square.—The Blinding. »

After a fey days more in New York City I had raised the necessary funds to redeem the trinkets pledged with the ‘bus driver and to pay my hotel bills, etc., and on the 22d day of June, 1852, we had the good fortune to arrive in Washington.

Washington Delegation, June 22, 1852
Engraved from an unknown photograph by Marr and Richards Co. for Benjamin Armstrong’s Early Life Among the Indians.  Chief Buffalo, his speaker Oshogay, Vincent Roy, Jr., two other La Pointe Band members, and Armstrong are assumed to be in this engraving.

I took my party to the Metropolitan Hotel and engaged a room on the first floor near the office for the Indians, as they said they did not like to get up to high in a white man’s house. As they required but a couple mattresses for their lodgings they were soon made comfortable. I requested the steward to serve their meals in their room, as I did not wish to take them into the dining room among distinguished people, and their meals were thus served.

Undated postcard of the Metropolitan Hotel, formerly known as Brown’s India Queen Hotel.
~ StreetsOfWashington.com

The morning following our arrival I set out in search of the Interior Department of the Government to find the Commissioner of Indian Affairs, to request an interview with him, which he declined to grant and said :

“I want you to take your Indians away on the next train west, as they have come here without permission, and I do not want to see you or hear of your Indians again.”

I undertook to make explanations, but he would not listen to me and ordered me from his office. I went to the sidewalk completely discouraged, for my present means was insufficient to take them home. I paced up and down the sidewalk pondering over what was best to do, when a gentleman came along and of him I inquired the way to the office of the Secretary of the Interior. He passed right along saying,

Secretary of the Interior
Alexander Hugh Holmes Stuart
~ Department of the Interior

“This way, sir; this way, sir;” and I followed him.

He entered a side door just back of the Indian Commissioner’s office and up a short flight of stairs, and going in behind a railing, divested himself of hat and cane, and said :

“What can I do for you sir.”

I told him who I was, what my party consisted of, where we came from and the object of our visit, as briefly as possible. He replied that I must go and see the Commissioner of Indian Affairs just down stairs. I told him I had been there and the treatment I had received at his hands, then he said :

“Did you have permission to come, and why did you not go to your agent in the west for permission?”

I then attempted to explain that we had been to the agent, but could get no satisfaction; but he stopped me in the middle of my explanation, saying :

“I can do nothing for you. You must go to the Indian Commissioner,”

and turning, began a conversation with his clerk who was there when we went in.

I walked out more discouraged than ever and could not imagine what next I could do. I wandered around the city and to the Capitol, thinking I might find some one I had seen before, but in this I failed and returned to the hotel, where, in the office I found Buffalo surrounded by a crowd who were trying to make him understand them and among them was the steward of the house. On my entering the office and Buffalo recognizing me, the assemblage, seeing I knew him, turned their attention to me, asking who he was, etc., to all of which questions I answered as briefly as possible, by stating that he was the head chief of of the Chippewas of the Northwest. The steward then asked:

“Why don’t you take him into the dining room with you? Certainly such a distinguished man as he, the head of the Chippewa people, should have at least that privilege.”

United States Representative George Briggs
~ Library of Congress

I did so and as we passed into the dining room we were shown to a table in one corner of the room which was unoccupied. We had only been seated a few moments when a couple of gentlemen who had been occupying seats in another part of the dining room came over and sat at our table and said that if there were no objections they would like to talk with us. They asked about the party, where from, the object of the visit, etc. I answered them briefly, supposing them to be reporters and I did not care to give them too much information. One of these gentlemen asked what room we had, saying that himself and one or two others would like to call on us right after dinner. I directed them where to come and said I would be there to meet them.

About 2 o’clock they came, and then for the first time I knew who those gentlemen were. One was Senator Briggs, of New York, and the others were members of President Filmore’s cabinet, and after I had told them more fully what had taken me there, and the difficulties I had met with, and they had consulted a little while aside. Senator Briggs said :

“We will undertake to get you and your people an interview with the President, and will notify you here when a meeting can be arranged. ”

During the afternoon I was notified that an interview had been arranged for the next afternoon at 3 o’clock. During the evening Senator Briggs and other friends called, and the whole matter was talked over and preparations made for the interview the following day, which were continued the next day until the hour set for the interview.

United States President
Millard Fillmore.
~ Library of Congress

When we were assembled Buffalo’s first request was that all be seated, as he had the pipe of peace to present, and hoped that all who were present would partake of smoke from the peace pipe. The pipe, a new one brought for the purpose, was filled and lighted by Buffalo and passed to the President who took two or three draughts from it, and smiling said, “Who is the next?” at which Buffalo pointed out Senator Briggs and desired he should be the next. The Senator smoked and the pipe was passed to me and others, including the Commissioner of Indian Affairs, Secretary of the Interior and several others whose names I did not learn or cannot recall. From them, to Buffalo, then to O-sho-ga, and from him to the four braves in turn, which completed that part of the ceremony. The pipe was then taken from the stem and handed to me for safe keeping, never to be used again on any occasion. I have the pipe still in my possession and the instructions of Buffalo have been faithfully kept. The old chief now rose from his seat, the balance following his example and marched in single file to the President and the general hand-shaking that was began with the President was continued by the Indians with all those present. This over Buffalo said his under chief, O-sha-ga, would state the object of our visit and he hoped the great father would give them some guarantee that would quiet the excitement in his country and keep his young men peaceable. After I had this speech thoroughly interpreted, O-sha-ga began and spoke for nearly an hour. He began with the treaty of 1837 and showed plainly what the Indians understood the treaty to be. He next took up the treaty of 1842 and said he did not understand that in either treaty they had ceded away the land and he further understood in both cases that the Indians were never to be asked to remove from the lands included in those treaties, provided they were peaceable and behaved themselves and this they had done. When the order to move came Chief Buffalo sent runners out in all directions to seek for reasons and causes for the order, but all those men returned without finding a single reason among all the Superior and Mississippi Indians why the great father had become displeased. When O-sha-ga had finished his speech I presented the petition I had brought and quickly discovered that the President did recognize some names upon it, which gave me new courage. When the reading and examination of it had been concluded the meeting was adjourned, the President directing the Indian Commissioner to say to the landlord at the hotel that our hotel bills would be paid by the government. He also directed that we were to have the freedom of the city for a week.

Read Biographical Sketch of Vincent Roy, Jr. manuscript for a different perspective on their meeting the President.

The second day following this Senator Briggs informed me that the President desired another interview that day, in accordance with which request we went to the White House soon after dinner and meeting the President, he told the, delegation in a brief speech that he would countermand the removal order and that the annuity payments would be made at La Pointe as before and hoped that in the future there would be no further cause for complaint. At this he handed to Buffalo a written instrument which he said would explain to his people when interpreted the promises he had made as to the removal order and payment of annuities at La Pointe and hoped when he had returned home he would call his chiefs together and have all the statements therein contained explained fully to them as the words of their great father at Washington.

The reader can imagine the great load that was then removed from my shoulders for it was a pleasing termination of the long and tedious struggle I had made in behalf of the untutored but trustworthy savage.

Downtown St. Paul, Minnesota, circa 1857.
~ Minnesota Historical Society

On June 28th, 1852, we started on our return trip, going by cars to La Crosse, Wis., thence by steamboat to St. Paul, thence by Indian trail across the country to Lake Superior. On our way from St. Paul we frequently met bands of Indians of the Chippewa tribe to whom we explained our mission and its results, which caused great rejoicing, and before leaving these bands Buffalo would tell their chief to send a delegation, at the expiration of two moons, to meet him in grand council at La Pointe, for there was many things he wanted to say to them about what he had seen and the nice manner in which he had been received and treated by the great father.

At the time appointed by Buffalo for the grand council at La Pointe, the delegates assembled and the message given Buffalo by President Filmore was interpreted, which gave the Indians great satisfaction. Before the grand council adjourned word was received that their annuities would be given to them at La Pointe about the middle of October, thus giving them time to get together to receive them. A number of messengers was immediately sent out to all parts of the territory to notify them and by the time the goods arrived, which was about October 15th, the remainder of the Indians had congregated at La Pointe. On that date the Indians were enrolled and the annuities paid and the most perfect satisfaction was apparent among all concerned. The jubilee that was held to express their gratitude to the delegation that had secured a countermanding order in the removal matter was almost extravagantly profuse. The letter of the great father was explained to them all during the progress of the annuity payments and Chief Buffalo explained to the convention what he had seen; how the pipe of peace had been smoked in the great father’s wigwam and as that pipe was the only emblem and reminder of their duties yet to come in keeping peace with his white children, he requested that the pipe be retained by me. He then went on and said that there was yet one more treaty to be made with the great father and he hoped in making it they would be more careful and wise than they had heretofore been and reserve a part of their land for themselves and their children. It was here that he told his people that he had selected and adopted, me as his son and that I would hereafter look to treaty matters and see that in the next treaty they did not sell them selves out and become homeless ; that as he was getting old and must soon leave his entire cares to others, he hoped they would listen to me as his confidence in his adopted son was great and that when treaties were presented for them to sign they would listen to me and follow my advice, assuring them that in doing so they would not again be deceived.

Map of Lake Superior Chippewa territories ceded in 1836, 1837, 1842, and 1854.
~ Great Lakes Indian Fish & Wildlife Commission

After this gathering of the Indians there was not much of interest in the Indian country that I can recall until the next annual payment in 1853. This payment was made at La Pointe and the Indians had been notified that commissioners would be appointed to make another treaty with them for the remainder of their territory. This was the territory lying in Minnesota west of Lake Superior; also east and west of the Mississippi river north to the territory belonging to the Boisfort and Pillager tribe, who are a part of the Chippewa nation, but through some arrangement between themselves, were detached from the main or more numerous body. It was at this payment that the Chippewa Indians proper desired to have one dollar each taken from their annuities to recompense me for the trouble and expense I had been to on the trip to Washington in their behalf, but I refused to accept it by reason of their very impecunious condition.

It was sometime in August, 1854, before the commissioners arrived at LaPointe to make the treaty and pay the annuities of that year. Messengers were despatched to notify all Indians of the fact that the great father had sent for them to come to La Pointe to get their money and clothing and to meet the government commissioners who wished to make another treaty with them for the territory lying west of Lake Superior and they were further instructed to have the Indians council among themselves before starting that those who came could be able to tell the wishes of any that might remain away in regards to a further treaty and disposition of their lands. Representatives came from all parts of the Chippewa country and showed a willingness to treat away the balance of their country. Henry C. Gilbert, the Indian agent at La Pointe, formerly of Ohio, and David B. Herriman, the agent for the Chippewas of the Mississippi country, were the commissioners appointed by the government to consumate this treaty.

Mackinac Indian Agent
Henry C. Gilbert
~ Branch County Photographs

While we were waiting the arrival of the interior Indians I had frequent talks with the commissioners and learned what their instructions were and about what they intended to offer for the lands which information I would communicate to Chief Buffalo and other head men in our immediate vicinity, and ample time was had to perfect our plans before the others should arrive, and when they did put in an appearance we were ready to submit to them our views for approval or rejection. Knowing as I did the Indians’ unwillingness to give up and forsake their old burying grounds I would not agree to any proposition that would take away the remainder of their lands without a reserve sufficient to afford them homes for themselves and posterity, and as fast as they arrived I counselled with them upon this subject and to ascertain where they preferred these reserves to be located. The scheme being a new one to them it required time and much talk to get the matter before them in its proper light. Finally it was agreed by all before the meeting of the council that no one would sign a treaty that did not give them reservations at different points of the country that would suit their convenience, that should afterwards be considered their bona-fide home. Maps were drawn of the different tracts that had been selected by the various chiefs for their reserve and permanent home. The reservations were as follows :

One at L’Anse Bay, one at Ontonagon, one at Lac Flambeau, one at Court O’Rilles, one at Bad River, one at Red Cliff or Buffalo Bay, one at Fond du Lac, Minn., and one at Grand Portage, Minn.

Joseph Stoddard (photo c.1941) worked on the 1854 survey of the Bad River Reservation exterior boundaries, and shared a different perspective about these surveys.
~ Bad River Tribal Historic Preservation Office

The boundaries were to be as near as possible by metes and bounds or waterways and courses. This was all agreed to by the Lake Superior Indians before the Mississippi Chippewas arrived and was to be brought up in the general council after they had come in, but when they arrived they were accompanied by the American Fur Company and most of their employees, and we found it impossible to get them to agree to any of our plans or to come to any terms. A proposition was made by Buffalo when all were gathered in council by themselves that as they could not agree as they were, a division should be drawn, dividing the Mississippi and the Lake Superior Indians from each other altogether and each make their own treaty After several days of counselling the proposition was agreed to, and thus the Lake Superiors were left to make their treaty for the lands mouth of Lake Superior to the Mississippi and the Mississippis to make their treaty for the lands west of the Mississippi. The council lasted several days, as I have stated, which was owing to the opposition of the American Fur Company, who were evidently opposed to having any such division made ; they yielded however, but only when they saw further opposition would not avail and the proposition of Buffalo became an Indian law. Our side was now ready to treat with the commissioners in open council. Buffalo, myself and several chiefs called upon them and briefly stated our case but were informed that they had no instructions to make any such treaty with us and were only instructed to buy such territory as the Lake Superiors and Mississippis then owned. Then we told them of the division the Indians had agreed upon and that we would make our own treaty, and after several days they agreed to set us off the reservations as previously asked for and to guarantee that all lands embraced within those boundaries should belong to the Indians and that they would pay them a nominal sum for the remainder of their possessions on the north shores. It was further agreed that the Lake Superior Indians should have two- thirds of all money appropriated for the Chippewas and the Mississippi contingent the other third. The Lake Superior Indians did not seem, through all these councils, to care so much for future annuities either in money or goods as they did for securing a home for themselves and their posterity that should be a permanent one. They also reserved a tract of land embracing about 100 acres lying across and along the Eastern end of La Pointe or Madeline Island so that they would not be cut off from the fishing privilege.

It was about in the midst of the councils leading up to the treaty of 1854 that Buffalo stated to his chiefs that I had rendered them services in the past that should be rewarded by something more substantial than their thanks and good wishes, and that at different times the Indians had agreed to reward me from their annuity money but I had always refused such offers as it would be taking from their necessities and as they had had no annuity money for the two years prior to 1852 they could not well afford to pay me in this way.

“And now,” continued Buffalo, “I have a proposition to make to you. As he has provided us and our children with homes by getting these reservations set off for us, and as we are about to part with all the lands we possess, I have it in my power, with your consent, to provide him with a future home by giving him a piece of ground which we are about to part with. He has agreed to accept this as it will take nothing from us and makes no difference with the great father whether we reserve a small tract of our territory or not, and if you agree I will proceed with him to the head of the lake and there select the piece of ground I desire him to have, that it may appear on paper when the treaty has been completed.”

The chiefs were unanimous in their acceptance of the proposition and told Buffalo to select a large piece that his children might also have a home in future as has been provided for ours.

Kiskitawag (Giishkitawag: “Cut Ear”) signed earlier treaties as a warrior of the Ontonagon Band and became associated with the La Pointe Band at Odanah.
~C.M. Bell, Smithsonian Digital Collections

This council lasted all night and just at break of day the old chief and myself, with four braves to row the boat, set out for the head of Lake Superior and did not stop anywhere only long enough to make and drink some tea, until we reached the head of St. Louis Bay. We landed our canoe by the side of a flat rock quite a distance from the shore, among grass and rushes. Here we ate our lunch and when completed Buffalo and myself, with another chief, Kish-ki-to-uk, waded ashore and ascended the bank to a small level plateau where we could get a better view of the bay. Here Buffalo turned to me, saying: .

“Are you satisfied with this location? I want to reserve the shore of this bay from the mouth of St. Louis river. How far that way do you you want it to go?” pointing southeast, or along the south shore of the lake.

I told him we had better not try to make it too large for if we did the great father’s officers at Washington might throw it out of the treaty and said:

“I will be satisfied with one mile square, and let it start from the rock which we have christened Buffalo rock, running easterly in the direction of Minnesota Point, taking in a mile square immediately northerly from the head of St. Louis Bay”

As there was no other way of describing it than by metes and bounds we tried to so describe it in the treaty, but Agent Gilbert, whether by mistake or not I am unable to say, described it differently. He described it as follows: “Starting from a rock immediately above and adjoining Minnesota Point, etc.”

We spent an hour or two here in looking over the plateau then went back to our canoe and set out for La Pointe. We traveled night and day until we reached home.

During our absence some of the chiefs had been talking more or less with the commissioners and immediately on our return all the Indians met in a grand council when Buffalo explained to them what he had done on the trip and how and where he had selected the piece of land that I was to have reserved in the treaty for my future home and in payment for the services I had rendered them in the past. The balance of the night was spent in preparing ourselves for the meeting with the treaty makers the next day, and about 10 o’clock next morning we were in attendance before the commissioners all prepared for a big council.

Mackinac Indian Agent
Henry Clark Gilbert
~ Branch County Photographs

Agent Gilbert started the business by beginning a speech interpreted by the government interpreter, when Buffalo interrupted him by saying that he did not want anything interpreted to them from the English language by any one except his adoped son for there had always been things told to the Indians in the past that proved afterwards to be untrue, whether wrongly interpreted or not, he could not say;

“and as we now feel that my adopted son interprets to us just what you say, and we can get it correctly, we wish to hear your words repeated by him, and when we talk to you our words can be interpreted by your own interpreter, and in this way one interpreter can watch the other and correct each other should there be mistakes. We do not want to be deceived any more as we have in the past. We now understand that we are selling our lands as well as the timber and that the whole, with the exception of what we shall reserve, goes to the great father forever.”

Bureau of Indian Affairs Director
George Washington Manypenny
~ Commons.Wikimedia.org

Commissioner of Indian affairs. Col. Manypenny, then said to Buffalo:

“What you have said meets my own views exactly and I will now appoint your adopted son your interpreter and John Johnson, of Sault Ste. Marie, shall be the interpreter on the part of the government,” then turning to the commissioners said, “how does that suit you, gentlemen.”

They at once gave their consent and the council proceeded.

Buffalo informed the commissioners of what he had done in regard to selecting a tract of land for me and insisted that it become a part of the treaty and that it should be patented to me directly by the government without any restrictions. Many other questions were debated at this session but no definite agreements were reached and the council was adjourned in the middle of the afternoon. Chief Buffalo asking for the adjournment that he might talk over some matters further with his people, and that night the subject of providing homes for their half-breed relations who lived in different parts of the country was brought up and discussed and all were in favor of making such a provision in the treaty. I proposed to them that as we had made provisions for ourselves and children it would be only fair that an arrangement should be made in the treaty whereby the government should provide for our mixed blood relations by giving to each person the head of a family or to each single person twenty-one years of age a piece of land containing at least eighty acres which would provide homes for those now living and in the future there would be ample room on the reservations for their children, where all could live happily together. We also asked that all teachers and traders in the ceded territory who at that time were located there by license and doing business by authority of law, should each be entitled to 160 acres of land at $1.25 per acre. This was all reduced to writing and when the council met next morning we were prepared to submit all our plans and requests to the commissioners save one, which we required more time to consider. Most of this day was consumed in speech-making by the chiefs and commissioners and in the last speech of the day, which was made by Mr. Gilbert, he said:

“We have talked a great deal and evidently understand one another. You have told us what you want, and now we want time to consider your requests, while you want time as you say to consider another matter, and so we will adjourn until tomorrow and we, with your father. Col. Manypenny, will carefully examine and consider your propositions and when we meet to-morrow we will be prepared to answer you with an approval or rejection.”

Julius Austrian purchased the village of La Pointe and other interests from the American Fur Company in 1853.  He entered his Town Plan of La Pointe on August 29th of 1854. He was the highest paid claimant of the 1854 Treaty at La Pointe.  His family hosted the 1855 Annuity Payments at La Pointe.
~ Photograph of Austrian from the Madeline Island Museum

That evening the chiefs considered the other matter, which was to provide for the payment of the debts of the Indians owing the American Fur Company and other traders and agreed that the entire debt could not be more than $90,000 and that that amount should be taken from the Indians in bulk and divided up among their creditors in a pro-rata manner according to the amount due to any person or firm, and that this should wipe out their indebtedness. The American Fur Company had filed claims which, in the aggregate, amounted to two or three times this sum and were at the council heavily armed for the purpose of enforcing their claim by intimidation. This and the next day were spent in speeches pro and con but nothing was effected toward a final settlement.

Col. Manypenny came to my store and we had a long private interview relating to the treaty then under consideration and he thought that the demands of the Indians were reasonable and just and that they would be accepted by the commissioners. He also gave me considerable credit for the manner in which I had conducted the matter for Indians, considering the terrible opposition I had to contend with. He said he had claims in his possession which had been filed by the traders that amounted to a large sum but did not state the amount. As he saw the Indians had every confidence in me and their demands were reasonable he could see no reason why the treaty could not be speedily brought to a close. He then asked if I kept a set of books. I told him I only kept a day book or blotter showing the amount each Indian owed me. I got the books and told him to take them along with him and that he or his interpreter might question any Indian whose name appeared thereon as being indebted to me and I would accept whatever that Indian said he owed me whether it be one dollar or ten cents. He said he would be pleased to take the books along and I wrapped them up and went with him to his office, where I left them. He said he was certain that some traders were making claims for far more than was due them. Messrs. Gilbert and Herriman and their chief clerk, Mr. Smith, were present when Mr. Manypenny related the talk he had with me at the store. He considered the requests of the Indians fair and just, he said, and he hoped there would be no further delays in concluding the treaty and if it was drawn up and signed with the stipulations and agreements that were now understood should be incorporated in it, he would strongly recommend its ratification by the President and senate.

Naagaanab of Fond Du Lac
~ Minnesota Historical Society

The day following the council was opened by a speech from Chief Na-gon-ab in which he cited considerable history.

“My friends,” he said, “I have been chosen by our chief, Buffalo, to speak to you. Our wishes are now on paper before you. Before this it was not so. We have been many times deceived. We had no one to look out for us. The great father’s officers made marks on paper with black liquor and quill. The Indian can not do this. We depend upon our memory. We have nothing else to look to. We talk often together and keep your words clear in our minds. When you talk we all listen, then we talk it over many times. In this way it is always fresh with us. This is the way we must keep our record. In 1837 we were asked to sell our timber and minerals. In 1842 we were asked to do the same. Our white brothers told us the great father did not want the land. We should keep it to hunt on. Bye and bye we were told to go away; to go and leave our friends that were buried yesterday. Then we asked each other what it meant. Does the great father tell the truth? Does he keep his promises? We cannot help ourselves! We try to do as we agree in treaty. We ask you what this means? You do not tell from memory! You go to your black marks and say this is what those men put down; this is what they said when they made the treaty. The men we talk with don’t come back; they do not come and you tell us they did not tell us so! We ask you where they are? You say you do not know or that they are dead and gone. This is what they told you; this is what they done. Now we have a friend who can make black marks on paper When the council is over he will tell us what we have done. We know now what we are doing! If we get what we ask our chiefs will touch the pen, but if not we will not touch it. I am told by our chief to tell you this: We will not touch the pen unless our friend says the paper is all right.”

Na-gon-ab was answered by Commissioner Gilbert, saying:

“You have submitted through your friend and interpreter the terms and conditions upon which you will cede away your lands. We have not had time to give them all consideration and want a little more time as we did not know last night what your last proposition would be. Your father. Col. Manypenny, has ordered some beef cattle killed and a supply of provisions will be issued to you right away. You can now return to your lodges and get a good dinner and talk matters over among yourselves the remainder of the day and I hope you will come back tomorrow feeling good natured and happy, for your father, Col. Manypenny, will have something to say to you and will have a paper which your friend can read and explain to you.”

When the council met next day in front of the commissioners’ office to hear what Col. Manypenny had to say a general good feeling prevailed and a hand-shaking all round preceded the council, which Col. Manypenny opened by saying:

“My friends and children: I am glad to see you all this morning looking good natured and happy and as if you could sit here and listen to what I have to say. We have a paper here for your friend to examine to see if it meets your approval. Myself and the commissioners which your great father has sent here have duly considered all your requests and have concluded to accept them. As the season is passing away and we are all anxious to go to our families and you to your homes, I hope when you read this treaty you will find it as you expect to and according to the understandings we have had during the council. Now your friend may examine the paper and while he is doing so we will take a recess until afternoon.”

Detail of Benjamin Armstrong from a photograph by Matthew Brady
~ Minnesota Historical Society

Chief Buffalo, turning to me, said:

“My son, we, the chiefs of all the country, have placed this matter entirely in your hands. Go and examine the paper and if it suits you it will suit us.”

Then turning to the chiefs, he asked,

“what do you all say to that?”

The ho-ho that followed showed the entire circle were satisfied.

I went carefully through the treaty as it had been prepared and with a few exceptions found it was right. I called the attention of the commissioners to certain parts of the stipulations that were incorrect and they directed the clerk to make the changes.

The following day the Indians told the commissioners that as their friend had made objections to the treaty as it was they requested that I might again examine it before proceeding further with the council. On this examination I found that changes had been made but on sheets of paper not attached to the body of the instrument, and as these sheets contained some of the most important items in the treaty, I again objected and told the commissioners that I would not allow the Indians to sign it in that shape and not until the whole treaty was re-written and the detached portions appeared in their proper places. I walked out and told the Indians that the treaty was not yet ready to sign and they gave up all further endeavors until next day. I met the commissioners alone in their office that afternoon and explained the objectionable points in the treaty and told them the Indians were already to sign as soon as those objections were removed. They were soon at work putting the instrument in shape.

“One version of the boundaries for Chief Buffalo’s reservation is shown at the base of Minnesota Point in a detail from an 1857 map preserved in the National Archives in Washington, D.C. Other maps show a larger and more irregularly shaped versions of the reservation boundary, though centered on the same area.”
~ DuluthStories.net

The next day when the Indians assembled they were told by the commissioners that all was ready and the treaty was laid upon a table and I found it just as the Indians had wanted it to be, except the description of the mile square. The part relating to the mile square that was to have been reserved for me read as follows:

“Chief Buffalo, being desirous of providing for some of his relatives who had rendered them important services, it is agreed that he may select one mile square of the ceded territory heretofore described.”

“Now,” said the commissioner,

“we want Buffalo to designate the person or persons to whom he wishes the patents to issue.”

Buffalo then said:

“I want them to be made out in the name of my adopted son.”

This closed all ceremony and the treaty was duly signed on the 30th day of September, 1854. This done the commissioners took a farewell shake of the hand with all the chiefs, hoping to meet them again at the annuity payment the coming year. They then boarded the steamer North Star for home. In the course of a few days the Indians also disappeared, some to their interior homes and some to their winter hunting grounds and a general quiet prevailed on the island.

Portrait of the Steamer North Star from American Steam Vessels, by Samuel Ward Stanton, page 40.
~ Wikimedia.org

About the second week in October, 1854, I went from La Pointe to Ontonagon in an open boat for the purpose of purchasing my winter supplies as it had got too late to depend on getting them from further below. While there a company was formed for the purpose of going into the newly ceded territory to make claims upon lands that would be subject to entry as soon as the late treaty should be ratified. The company consisted of Samuel McWaid, William Whitesides, W. W. Kingsbury, John Johnson, Oliver Melzer, John McFarland, Daniel S. Cash, W. W. Spaulding, all of Ontonagon, and myself. The two last named gentlemen, Daniel S. Cash and W. W. Spaulding, agreeing to furnish the company with supplies and all necessaries, including money, to enter the lands for an equal interest and it was so stipulated that we were to share equally in all that we, or either of us, might obtain. As soon as the supplies could be purchased and put aboard the schooner Algonquin we started for the head of the lake, stopping at La Pointe long enough for me to get my family aboard and my business matters arranged for the winter. I left my store at La Pointe in charge of Alex. Nevaux, and we all sailed for the head of Lake Superior, the site of which is now the city of Duluth. Reaching there about the first week in December—the bay of Superior being closed by ice—we were compelled to make our landing at Minnesota Point and take our goods from there to the main land on the north’ shore in open boats, landing about one and-one half miles east of Minnesota Point at a place where I desired to make a preemption for myself and to establish a trading post for the winter. Here I erected a building large enough for all of us to live in, as we expected to make this our headquarters for the winter, and also a building for a trading post. The other members of the company made claims in other places, but I did no more land looking that winter.

Detail of Superior City townsite at the head of Lake Superior from the 1854 U.S. General Land Office survey by Stuntz and Barber.

About January 20th, 1855, I left my place at the head of the lake to go back to La Pointe and took with me what furs I had collected up to that time, as I had a good place at La Pointe to dry and keep them. I took four men along to help me through and two dog trains. As we were passing down Superior Bay and when just in front of the village of West Superior a man came to us on the ice carrying a small bundle on his back and asked me if I had any objections to his going through in my company. He said the snow was deep and the weather cold and it was bad for one man to travel alone. I told him I had no objections provided he would take his turn with the other men in breaking the road for the dogs. We all went on together and camped that night at a place well known as Flag River. We made preparations for a cold night as the thermometer must have been twenty-five or thirty degrees below zero and the snow fully two feet deep. As there were enough of us we cut and carried up a large quantity of wood, both green and dry, and shoveled the snow away to the ground with our snow shoes and built a large fire. We then cut evergreen boughs and made a wind break or bough camp and concluded we could put in a very comfortable night. We then cooked and ate our supper and all seemed happy. I unrolled a bale of bear skins and spread them out on the ground for my bed, filled my pipe and lay down to rest while the five men with me were talking and smoking around the camp fire. I was very tired and presume I was not long in falling asleep. How long I slept I cannot tell, but was awakened by something dropping into my face, which felt like a powdered substance. I sprang to my feet for I found something had got into my eyes and was smarting them badly. I rushed for the snow bank that was melting from the heat and applied handful after handful to my eyes and face. I found the application was peeling the skin off my face and the pain soon became intense. I woke up the crew and they saw by the firelight the terrible condition I was in. In an hour’s time my eyeballs were so swollen that I could not close the lids and the pain did not abate. I could do nothing more than bathe my eyes until morning, which I did with tea-grounds. It seemed an age before morning came and when it did come I could not realize it, for I was totally blind. The party started with me at early dawn for La Pointe. The man who joined us the day before went no further, but returned to Superior, which was a great surprise to the men of our party, who frequently during the day would say:

“There is something about this matter that is not right,”

and I never could learn afterward of his having communicated the fact of my accident to any one or to assign any reason or excuse for turning back, which caused us to suspect that he had a hand in the blinding, but as I could get no proof to establish that suspicion, I could do nothing in the matter. This man was found dead in his cabin a few months afterwards.

At La Pointe I got such treatment as could be procured from the Indians which allayed the inflamation but did not restore the sight. I remained at La Pointe about ten days, and then returned home with dog train to my family, where I remained the balance of the winter, when not at Superior for treatment. When the ice moved from the lake in the spring I abandoned everything there and returned to La Pointe and was blind or nearly so until the winter of 1861.

Returning a little time to the north shore I wish to relate an incident of the death of one of our Ontonagon company. Two or three days after I had reached home from La Pointe, finding my eyes constantly growing worse I had the company take me to Superior where I could get treatment. Dr. Marcellus, son of Prof. Marcellus, of an eye infirmary in Philadelphia, who had just then married a beautiful young wife, and come west to seek his fortune, was engaged to treat me. I was taken to the boarding house of Henry Wolcott, where I engaged rooms for the winter as I expected to remain there until spring. I related to the doctor what had befallen me and he began treatment. At times I felt much better but no permanent relief seemed near. About the middle February my family required my presence at home, as there was some business to be attended to which they did not understand. My wife sent a note to me by Mr. Melzer, stating that it was necessary for me to return, and as the weather that day was very pleasant, she hoped that I would come that afternoon. Mr. Melzer delivered me the note, which I requested him to read. It was then 11 a. m. and I told him we would start right after dinner, and requested him to tell the doctor that I wished to see him right away, and then return and get his dinner, as it would be ready at noon, to which he replied:

“If I am not here do not wait for me, but I will be here at the time you are ready for home.”

Mr. Melzer did return shortly after we had finished our dinner and I requested him to eat, as I would not be ready to start for half an hour, but he insisted he was not hungry. We had no conveyance and at 1 p. m. we set out for home. We went down a few steps to the ice, as Mr. Wolcott’s house stood close to the shore of the bay, and went straight across Superior Bay to Minnesota Point, and across the point six or eight rods and struck the ice on Lake Superior. A plain, hard beaten road led from here direct to my home. After we had proceeded about 150 yards, following this hard beaten road, Melzer at once stopped and requested me to go ahead, as I could follow the beaten road without assistance, the snow being deep on either side.

“Now,” he says go ahead, for I must go back after a drink.”

I followed the road quite well, and when near the house my folks came out to meet me, their first inquiry being:

“Where is Melzer?”

I told them the circumstances of his turning back for a drink of water. Reaching the bank on which my house stood, some of my folks, looking back over the road I had come, discovered a dark object apparently floundering on the ice. Two or three of our men started for the spot and there found the dead body of poor Melzer. We immediately notified parties in Superior of the circumstances and ordered a post-mortem examination of the body. The doctors found that his stomach was entirely empty and mostly gone from the effects of whisky and was no thicker than tissue paper and that his heart had burst into three pieces. We gave him a decent burial at Superior and peace to his ashes, His last act of kindness was in my behalf.

To be continued in Chapter III

By Amorin Mello

In our Penoka Survey Incidents series earlier this year, we followed some of the adventures and schemes of Albert Conrad Stuntz circa 1857.  The legacy of Albert’s influential survey still defines the geopolitical landscape of the Penokee Mountains to this day.  However, Albert’s work during the late 1850s was relatively minor in comparison to that of his brother, George Riley Stuntz, during the early 1850s.  The surveying work of George and his employees started in 1852 and enabled the infamous land speculators and townsite promotors of Superior City to manifest their schemes by early 1854 (months before the Treaty of La Point occurred later that year).  

Among the men that worked with George was Augustus Hamilton Barber.  Sometime around 1850, Augustus had followed his Grandparents, Aunts, Uncles, and Cousins from the Barber family of Lamoille County, Vermont, to Lancaster in Grant County, Wisconsin.  After a short career as a school teacher in Grant County, Augustus came to Lake Superior in 1852 employed by George as a Chainman under his contract with the United States General Land Office to survey lands at the Head of Lake Superior.

Before taking a closer look at the Barber Papers, let’s examine the lives and affairs of other surveyors and speculators along the southwest shore of Lake Superior, starting with George Riley Stuntz and his production of these Exterior Field Notes (June of 1852):

1852 affidavit 1 1852 affidavit 2 1852 affidavit 3

Duluth and St. Louis County, Minnesota;
Their Story and People

By Walter Van Brunt, 1921, pages 64-65.

Page 75.

Portrait of George Nettleton’s cabin on Minnesota Point in 1852 on page 75.

William Rainey Marshall was a Democrat in Wisconsin and as a Republican in Minnesota.
A biography of the brothers George and William Nettleton is available at ZenithCity.com.

First Settler.– The honor, for both Superior and Duluth, must presumably go to George R. Stuntz. He came in 1852, and settled in 1853. Several were earlier of course, but can hardly be considered to have been legitimate independent settlers. Carlton had been on the ground, at Fond du Lac, for some years, but he was Indian agent; Borup and Oaks had spent their time between La Pointe and Fond du Lac, but were then at St. Paul, and mainly interested in the development of that city, and in fur trading. Wm. R. Marshall stated that he “was on the lake as early as 1848,” but not to settle and he did not come again until 1857. Wm. R. Marshall and George R. Stuntz were fellow-surveyors, in federal pay, “back in the ’40s,” but Marshall did not seek to take the place of Stuntz as premier pioneer at the head of Lake Superior. As a matter of fact, although “on the lake as early as “1848,” Marshall did not then get nearer to Duluth than La Pointe, where he met “Borup and Oaks, the principal traders, Truman Warren, George Nettleton, Cruttenden, Wattrous, Rev. Sherman Hall, E. F. Ely and others.” It is quite possible that Stuntz was with Marshall in 1848, for that was the year in which Stuntz first entered Minnesota territory “having charge of a surveying party that was working near Lake Pepin and in what is now Washington County.”

A biography of George B. Sargent is available at ZenithCity.com.

The “Heart of the Continent.”– George R. Stuntz prepared the way for the first attempt at white settlement at the head of Lake Superior. He surveyed the land on the Wisconsin side, within a year of beginning which survey, in 1852, the first settlers began to appear. George R. Stuntz came by direction of George B. Sargent, who at the time was surveyor-general of the Iowa, Wisconsin and Minnesota district for the federal government, his headquarters being at Davenport, Iowa. In that year, states Carey, “he surveyed and definitely located a portion of the northeastern boundary line between Minnesota and Wisconsin, starting from the head of navigation on the St. Louis River, at Fond du Lac, and running south to the St. Croix River.Stuntz himself stated: “I came in 1852. I saw the advantages of this point (Minnesota Point) as clearly then as I do now (1892). On finishing the survey for the government, I went away to make a report, and returned the next spring and came for good. I saw as surely then as I do now that this was the heart of the continent commercially, and so I drove my stakes.”

Group of people, including a number of Ojibwe at Minnesota Point, Duluth, Minnesota [featuring William Howenstein] ~ University of Minnesota Duluth, Kathryn A. Martin Library

Group of people, including a number of Ojibwe at Minnesota Point, Duluth, Minnesota [featuring William Howenstein in 1872?] ~ University of Minnesota Duluth

Stuntz and Howenstein competed with Nettleton and others for fame as the first settlers on Minnesota Point after Stuntz’s 1852 survey with Augustus Barber.

The Vanguard.– He did not come alone, needing of course assistants in the work of surveying, but he was in charge of the work, Gand necessarily takes first place in the accounting. William C. Sargent, son of George B. Sargent, stated in 1916, that his father “came here (Duluth) first in 1852 with George R. Stuntz and Bill Howenstein,” and goes on to state “a word of those two grand men, George R. Stuntz and Bill Howenstein.” He believed that “to George R. Stuntz, more than to any other man belongs the honor (of) opening up that region,” and of Howenstein, he said: “And old Bill Howenstein, one of the best ever, and always my very good friend, a kindly body, with a quaint dry humor unsurpassed and seldom met with in these later days. I had many an interesting chat with him, in his home on Minnesota Point, that he built in 1852, and lived in until his death, some years ago.” Bill Howenstein, undoubtedly was of Stuntz’ party in 1852, but it is doubtful whether he built a log house on Minnesota Point in that year. As to General Sargent’s visit in 1852. If he did come then, it was probably only a flying visit. His interest in the head of Lake Superior in 1852 reached only to the extent of directing Stuntz to survey it. He, himself, had the surveying business of three states to attend to.


The New York Times

[December 11, 1852]

The Region about the Southwest End of Lake Superior.

Augustus H. Barber also lived in Grant County, where George R. Stuntz was the County Sheriff during 1851-52.

Mr. Stuntz, of Grant County, Wis., has been deputed by the general Land Surveyor of this Northwest District to lay off such a tract of land about the southwest point of the lake into townships and sections, as emigrants will earliest require.  He returned via La Pointe and Stillwater last week. We have obtained from him some new views of that region. From Fond du Lac, a trading post situated 11 miles inland on the St. Louis River, eastward, for perhaps 50 miles, the margin of the lake is a flat strip of land reaching back to a rocky ridge about 11 miles off. The soil of this flat land is a rich red clay. The wood is white cedar and pine of the most magnificent growth. The American line is beyond the mouth of the St. Louis and Pigeon rivers. It evidently abounds in copper, iron and silver. The terrestrial compass cannot be used there, so strong is the attraction to the earth. The needle rears and plunges “like mad.” Points of survey have to be fixed by the solar compass.

This individual is likely Joseph B. Houle from Lac Courte Oreilles who became an early settler of Superior City with his Roy brothers-in-law.  Big Joewas featured in the Penoka Survey Incidents memoirs by James Smith Buck, and may also beKitchie Ininifrom Joseph Austrian’s memoirs.

The Indian and half breed packmen have astonishing strength. One Indian, who is described by the others as being as large as two men, carried for a company of 11 men provisions for ten days, viz: one barrel of flour, half barrel of pork and something else, beside the utensils. Mirage is a common phenomenon is Spring and Summer. For the bays not opening as soon as the main lake, or not cooling so early, an object out on the lake, is viewed from the shore, through a dense medium of air and a thin medium. Hence is a refraction of rays which gives so many wonderful sights that the Chippewas call that the spirit or enchanted land. Sail vessels which are really 40 miles off, are seen flapping and bellying about almost within touch. Turreted Islands, look heavy and toppling towards the zenith. Forests seem to leap from their stems and go a soaring like thistles for the very sport of it.

Born in Denmark, Doctor Charles William Wulff Borup intermarried with the Beaulieu Family of La Pointe Chippewa during the 1830’s.  As an employee of the American Fur Company, Borup relocated the village of La Pointe from the Old Fort location to the modern site in 1836.  The Borup/Beaulieu/Oakes Family appear to be the last owners of the defunct American Fur Company outfit at La Pointe before Julius Austrian purchased all of La Pointe in 1853, including Borup’s residence and garden. By then, Borup was absent from La Pointe, and engaged in the earliest banking and Freemasonry activities of Minnesota in St. Paul.

The ice did not leave some of the bays till the 10th of June. The fish are delicious, especially the salmon trout. But little land game. Mr. Stunts calculates on wonderful enterprises in that country after the opening of the Saut Canal.

Mr. S. describes La Pointe a town of the Lake, as being situated at the head of a bay some 25 miles from the high lake, and secluded from the lake by several islands. He saw there a warehouse 300 feet long, built of tamarac poles, and roofed with bark. This building is very much warped by the pressure of age ; it is entered by a wooden railway. The town is dingy and dreary. He saw a most luxurious garden by the former residence of Dr. Borup. It contained a variety of fruit trees and shrubs, such as plums, cherries, apples, pears, currants, &c.


1852

Cover of Stuntz’s Exterior Field Notes (August-October 1852) ~ Wisconsin Public Land Survey Records: Original Field Notes and Plat Maps

Title page.

1852 Iron River assistants

George Riley Stuntz was also assisted by his brother Albert Conrad Stuntz as well as the African-Chippewa mixed-blood Stephen Bonga employed as an Axeman. To learn more about the interesting Bonga (Bonza) family and Stephen as “the first white child born at the head of Lake Superior,” read pages 39-41 of The Black West by William Loren Katz (1971), and pages 131-34 of Black Indians also by Katz (2012).


The Eye of the North-west: First Annual Report of the Statistician of Superior, Wisconsin

By Frank Abial Flower, 1890

Portrait of Steven Bonga, pg. 7

Portrait of Stephen Bonga, page 7.

GEORGE R. STUNTZ, DEPUTY U. S. SURVEYOR [pages 50-52]

Portrait of George Riley Stuntz, pg.

Portrait of George Riley Stuntz, page 26.

In 1852 George R. Stuntz took a contract to run the township lines in this part of the country, including the state boundary, and filed with the land-office at Dubuque a rude map of the head of the lake, on the Wisconsin side, in December of that year. He took a new contract and returned in the spring of 1853 to survey the copper range around Black River, a few miles south of Superior. He brought seeds with him and planting them on the Namdji, raised a quantity of vegetables; they grew to great size. he also built a trading-post on Minnesota point near the present light-house, and a mill on Iron River in Bayfield county. In respect of these operations W. W. Ward writes from Morley, Mo.:

W. W. Ward also came to Lake Superior employed as a Chainman with Augustus H. Barber for George R. Stuntz’s first contract in June of 1852.  Was he related to Matt Ward from the Penoka Survey Incidents?
FIRST SAW MILLS AT THE HEAD OF LAKE SUPERIOR
The first lumber of any description produced locally, other than by “Whip sawing”, was at Iron River, Wisconsin about forty miles from Superior on the South Shore of Lake Superior.
George R. Stuntz with William C. Howenstein, Andrew Reefer and George Falkner built and operated a water power “up and down” sawmill at the falls on Iron River about a half a mile from the Lake, capable of cutting three thousand feet of lumber a day. The writer has several 1 1/4 inch absolutely “clear” White Pine boards 24 and 26 inches wide and 18 feet long that were originally stored in a loft to be used in building a skiff. This mill was built in 1854 and the lumber was floated up the Lake to Superior, Oneota and Fond du Lac…
~ Superior, Wisconsin, papers, 1831-1942 ([unpublished])
SUPERIOR TOURIST SEASON OF 1854
From “A Pioneer of Old Superior” by Lillian Kimball Stewart
“In the summer of ’54 the Sam Ward plying between the Sault and any port on Lake Superior, brought on every trip a goodly number of emigrants, speculators, and tourists, bent on seeing the new “city” of Superior. Stuntz’s dock was located near an Indian village, so that every traveler as well as every piece of freight or baggage was subject to inspection by braves, squaws, and papooses before receiving a passport to the shore across the bay…”
~ Superior, Wisconsin, papers, 1831-1942 ([unpublished])

“It was in the spring of 1853 that Mr. Stuntz, Deputy U. S. Surveyor, received his second contract to survey and run the township lines taking in the range around Black River Falls, a portion of Left-hand River country and that part where Superior now is. In the latter part of April that year he organized a party – viz., Nat. W. Kendall, James McKinzie, Pain Bradt, James McBride, Harvey Fargo, Wm. H. Reed, John Chisholm, Joseph Latham, Augustus Barber, and your humble servant. Procured three birch-bark canoes and supplies at Stillwater, Minn.: left there the first day of May, passed up the St. Croix River to its head, made a portage of about two and a half miles into the headwaters of the Brule River, down said river into Lake Superior, thence up the lake to what was called the entry of St. Louis Bay [now Superior Bay], and landed on Minnesota Point in the early part of June. At that time there were no white settlers in this end of the lake – all Chippewa Indians and ‘breeds’ – scarcely a stick missing on that side of the bay where Superior City now stands. We finished the surveying contract and went in early fall down to Iron River, built a double log-shanty, and made other preparations for the construction of a saw mill. Here the first lumber was made at the head of the lake and the first road opened through to the settlement on the St. Croix. The following February, Mr. Stuntz having a trading-post on Minnesota Point [then Stuntz’s Point], I went there and assisted in building a block-house and steamboat pier, and found improvements and a few log-shanties built where old Superior now is located.”

[…]

HUSTLING FOR TOWNSITES [pages 58-60]

Vincent Roy Jr. (From Life and Labors of Rt. Rev. Frederic Baraga by Chrysostom Verwyst

Vincent Roy Jr.  ~ Life and Labors of Rt. Rev. Frederic Baraga by Chrysostom Verwyst,

VI. – Superior.

Vincent [Roy Jr.] had barely emerged from the trouble just described when it was necessary for him to exert himself in another direction.  A year or so previously he had taken up a claim of land at the headwaters of Lake Superior and there was improvement now on foot for that part of the country, and danger for his interests.

The ship canal at Sault St Marie was in course of construction and it was evidently but a question of days that boats afloat on Lakes Huron and Michigan would be able to run up and unload their cargo for regions further inland somewhere on the shore at the further end of Lake Superior, at which a place, no doubt, a city would be built.  The place now occupied by the city of Superior was suitable for the purposes in view but to set it in order and to own the greatest possible part of it, had become all at the same time the cherished idea of too many different elements as that developments could go on smoothly.  Three independent crews were struggling to establish themselves at the lower or east end of the bay when a fourth crew approached at the upper or west end, with which Vincent, his brother Frank, and others of LaPointe had joined in.  As this crew went directly to and began operations at the place where Vincent had his property it seems to have been guided by him, though it was in reality under the leadership of Wm. Nettleton who was backed by Hon. Henry M. Rice of St. Paul.  Without delay the party set to work surveying the land and “improving” each claim, as soon as it was marked off, by building some kind of a log-house upon it.  The hewing of timber may have attracted the attention of the other crews at the lower end about two or three miles off, as they came up about noon to see what was going on. The parties met about halfway down the bay at a place where a small creek winds its way through a rugged ravine and falls into the bay.  Prospects were anything but pleasant at first at the meeting; for a time it seemed that a battle was to be fought, which however did not take place but the parceling out of ‘claims’ was for the time being suspended.  This was in March or April 1854.  Hereafter some transacting went on back the curtain, and before long it came out that the interests of the town-site of Superior, as far as necessary for efficient action, were united into a land company of which public and prominent view of New York, Washington, D.C. and other places east of the Mississippi river were the stockholders.  Such interests as were not represented in the company were satisfied which meant for some of them that they were set aside for deficiency of right or title to a consideration.  The townsite of the Superior of those days was laid out on both sides of the Nemadji river about two or three miles into the country with a base along the water edge about half way up Superior bay, so that Vincent with his property at the upper end of the bay, was pretty well out of the way of the land company, but there were an way such as thought his land a desirable thing and they contested his title in spite of his holding it already for a considerable time.  An argument on hand in those days was, that persons of mixed blood were incapable of making a legal claim of land.  The assertion looks more like a bugaboo invented for the purpose to get rid of persons in the way than something founded upon law and reason, yet at that time some effect was obtained with it.  Vincent managed, however, to ward off all intrusion upon his property, holding it under every possible title, ‘preemption’ etc., until the treaty of LaPointe in the following September, when it was settled upon his name by title of United States scrip so called, that is by reason of the clause, as said above, entered into the second article of that treaty.

The subsequent fate of the piece of land here in question was that Vincent held it through the varying fortune of the ‘head of the lake’ for a period of about thirty six years until it had greatly risen in value, and when the west end was getting pretty much the more important complex of Superior, an English syndicate paid the sum of twenty five thousand dollars, of which was then embodied in a tract afterwards known as “Roy’s Addition”.
Biographical Sketch – Vincent Roy Jr;  Vincent Roy Jr. Papers.

Up to the time of the survey in the spring of 1854 all was chaos as to lands west of the claims of Robertson, Nelson, Baker and their party. There could be no titles or bona fide purchases, as only the mouth of the Nemadji had been surveyed. There were really three “townsite” companies— Robertson, Nelson and Baker, with their associates J. A. Bullen, J. T. Morgan, E. Y. Shelly, August Zachau, C. G. Pettys, Abraham Emmett, and perhaps others, forming one which had the surveyed lands next to the Nemadji. West of them were Francis Roy, Benjamin Cadotte, Robert Bothwick, Basil Dennis, Charles Knowlton and nearly a dozen half-breeds, mostly brought from Crow Wing by Nettleton in the interest of what was known as the “Hollinshead crowd”—Edmund and Henry M. Rice, George L. Becker, Wm. and George W. Nettleton, Benjamin Thompson, James Stinson and W. H. Newton. Still farther west were Benjamin W. Brunson, A. A. Parker, R. F. Slaughter, C. D. Kimball, Rev. E. F. Ely, George R. Stuntz, Bradley Salter, Joseph Kimball, Calvin Hood, and others who proposed to call their town Endion—”Ahn-dy-yon,” the Chippewa for “home.”

B. W. Brunson, still a resident of St. Paul, has described the contest in writing. He says:

Believing Superior would become of importance I went there in February, 1854, with R. F. Slaughter. We found some Ontonagon parties had claimed on the bay and we bought an interest in their claims and began to lay out a city and make improvements. While surveying the town, and when we had the same so far completed as to make a plat of it, the township having been subdivided by a good surveyor, then it was that Vincent Roy, Basil Dennis, Charles Brissette and Antoine Warren, accompanied by twenty-one other half-breeds and some four or five white men, headed, led and directed by one Stinson and one Thompson, who were acting for themselves and as agents of the company, came upon the lands to make their claims and avail themselves of pre-emption rights as citizens of the United States. These men were in the employ of the company for the purpose of making claims, and there was a claimant for each and every quarter-section as fast as the surveyor set the quarter-post. They had commenced the day before, with or at the same time the surveyor commenced his work. The timber being dense and there being a strong force, they were able to build an 8×10 cabin and cover it with boughs, upon each quarter, and then overtake the surveyor before he could establish the next quarter, thus taking the land as they went, and in that manner were progressing when they came upon the land marked out and occupied by us.

The meeting of the two hostile parties occurred on the banks of the deep slough in what is now called Central Park. Nothing but the timidity of the half-breeds prevented bloodshed. Brunson was armed and intended to, and did stand his ground. Thompson, one of the pluckiest of men, was also armed, having two revolvers, and was prepared and intended to proceed. The Indians, not being armed, did not wish to engage in a battle where the leaders only were prepared to fight; and so there was no physical conflict, though a state of chaos and bad feeling continued for some time. Several cabins were demolished, Brunson’s party entirely cutting in pieces a house built by Basil Dennis on the ground now occupied by Dr. Conan’s fine residence.

A long legal contest followed. Finally in 1862-63 patents issued from the government to three men—S. W. Smith, Lars Lenroot and Oliver Lemerise—chosen as trustees of the townsite for the benefit of actual occupants. Thus those who claimed to be proprietors of, but not settlers on the townsite, lost their lands as well as their labor. In the winter of 1853-54 Henry M. Rice asked the Commissioner of the General Land Office whether, when lands which had not been surveyed were claimed for a townsite they would be liable to pre-emption as soon as the survey should be made. The answer was in favor of pre-emption; and that is how those who with Brunson put money into Superior City townsite lost it. The actual settlers got the townsite, the patent being made to the three trustees named who divided the plat, containing 240 acres with riparian rights in Superior Bay, and deeded lots to occupants and purchasers. It may be proper to mention here that a little plat of thirty-four acres, with riparian rights in the bay, and known as Middletown, went through a similar siege of litigation and was finally patented to three trustees —Urguelle Gouge, Louis Morrisette and Nicholas Poulliott—for the benefit of actual occupants. These decisions did not come until the “city” had collapsed and the land become nearly worthless.


The New York Times

[June 19th, 1858]

WESTERN LAND FRAUDS.

More Blood in the Body than Shows in the Face – Land Frauds in the Northwest – The Superior City Controversy – Pre-emptions by Swedes and Indians

Washington, Thursday, June 17, 1858.

Senator Henry Mower Rice ~ United States Senate Historical Office

Senator Henry Mower Rice
~ United States Senate Historical Office

There are some interesting matters here besides what takes place in Congress, and I propose from time to time to touch upon them. An expenditure of $60,000,000 per annum does not cover all the pickings and stealings that “prevail” in our hereabouts. Senator RICE did not tell all he knew about land-office operations, when he testified to the value of the Fort Snelling property. Nobody is better aware than he that the tract would be much better to cut up into town lots than Bayfield was when he bought it for a few cents an acre, and sold it for hundreds of dollars. If we could find out all that Senator BRIGHT knows of these matters, one could learn how to become a millionaire at very small expense of brains or labor. Indian treaties and land-office jobbing have made more men rich than care to tell of it – ask General CASS if this is not so.

Attorney-General Caleb Cushing had previously invested with other Bostonians in the St. Croix River Valley copper mining and land speculation as the St. Croix and Lake Superior Mineral Company during 1845.

Seeing a bushel-basket of papers in the Interior Department the other day, I was curious to know what the kernel might be to all that rind, and made inquiry in the premises. I was told that they enveloped the case of Superior City. I cast my eye over some of them, and noticed that an argument was filed on behalf of one of the parties by Mr. Senator BRIGHT – or rather with Senator BRIGHT’S indorsement. This whetted my desire of knowledge, and I ran my eye over the paper in question, which was from the pen of a Minnesota Judge and was without exception the richest document I ever saw intended for a judicial or administrative tribunal. The substance of it was that the opinion of the Attorney-General CUSHING in the case was absurd, the adoption of his views by the Interior Department preposterous, and the action of the local Land office at Superior, in defining the status of certain half-breed Indians on the most abundant testimony, corrupt. It was clear enough that such a document required at least a senatorial indorsement to justify its reception. Nobody can suppose for a moment that Senator BRIGHT has any interest in the result of the case, or that he expected to influence the judgement of his friend, HENDRICKS, (Commissioner of the General Land Office,) by appearing in it. That would be too strong an inference to draw from so meek a fact ; and yet the malicious might suggest it as an apprehension.

Eye of the Northwest, pg. 8

Original Proprietors of Superior featuring James Stinson, Benjamin Thomson, Dr. W.W. Coran, U.S. Senator Robert J Walker, George W. Cass, and Horace Bridge.  Featured in The Eye of the North-west, pg. 8.

From the printed argument of Senator BRIGHT’S friend, and from a private abstract of the testimony in the case, and a few items I have picked up in the Land Office, I think it will be in my power to indite an epistle that may excite some attention. At the Southwestern extremity of Lake Superior, there is a tract of land, which is expected some day to become the cite of a large city. Being aware of its great advantages for this purpose, a St. Paul speculator by the name of THOMPSON, and a Canadian operator by the name of STINSON, undertook to possess themselves of it as long as as in the early part of General PIERCE‘S administration, by vicarious preemptions. In this plan they were assisted by some official gentlement, who shared in the spoils, and patents were ground out in double-quick time, or certificates issued to Swedes and Indians for the benefit of this STINSON and THOMPSON, and their associate speculators.

More Proprietors of Supeior from The Eye of the North-west, pg. 9.

More Proprietors of Supeior from The Eye of the North-west, pg. 9.

In the Summer of 1854, this Mr. STINSON, headed a gang of Swedes and led them from Swede Lake, in the Territory of Minnesota, to Lake Superior, guiding them in person to the tracts he wished them to preempt. These men were ignorant of our language and of our laws, and were used by STINSON to “settle” their tracts, “prove up” their claims, and “convey” to him, the said STINSON, without knowing either the frauds they were practicing, or the rights which they might have secured to themselves if they had been acting in good faith. In the Land Office at Hudson, where these frauds were perpetrated, there was a notary public, who drew the deeds to STINSON, got the signatures of the Swedes to them and took the acknowledgements, immediately after the preemption oath had been administered – the Swedes thinking the whole operation a part of the preemption process. The terms were said to be $30 a month, and a bonus of $15 on the consummation of the bargain. The names of these Swedes were Aaron Peterson, Martin Larson, Peter Nelson, John Johnson, Sven Magnassan, Lorenz Johnson, Peter Norell, Sven Larson, Andreas Senson, Johannes Helon, Johannes Peterson, and Peter Erickson. These “preemptors,” for their own benefit, all “proved up” at Hudson, and the very same day they made conveyances to STINSON. The same thing is true of another Swedish invasion that was made in the Summer of 1855. In that year three Swedes – Old Westerland, Andrew Walmart, and Israel Janssen – commenced their settlements June 11, proved up June 22, and conveyed to STINSON June 22 – eleven days being sufficient for the whole operation. The records of the Land Office at Superior, and of the Register of Deeds of Douglas County, show these facts. They are well known in the General Land Office.

But Mr. STINSON did not operate through Swedes alone. He and his friend THOMPSON worked with half-breed Indians also. In March, 1854, he and THOMPSON followed up the Government Surveys with a gang of Chippewa half-breed Indians. The whole gang made preemptions in Douglas County, under the guidance of THOMPSON and STINSON, who hired them at La Pointe, and convered a large portion of a township with their fraudulent pre-emptions, which were proved up simultaneously, and simultaneously conveyed to the attorney of THOMPSON and STINSON. The names of all of this gang appear on the tract books in the General Land Office. These were Joseph Lamoureaux, Joseph Defaut, Joseph Dennis, Joseph Gauthier, Francis Decoteau, John B. Goslin, George D. Morrison and Levi B. Coffee, all preemptors for these land-sharks. There were three or four more half-breeds in the gang, who ran foul of some eight or ten American citizens who were seeking to save a slice of this Territory from Swedish and Indian preemption, and lay out a town site there under the law. This was the origin of the Superior City controversy, which has been pending some three or four years in the various land offices, and which has accumulated the basket of papers which first drew my attention to a case of such interesting dimensions. The contest is nominally between three or four Chippewa half-breeds claiming some three hundred acres as a town site. But the Indians are not merely bogus citizens, they are bogus pre-emptors in the bargain, for they were the hired men of THOMPSON & STINSON.

The Dred Scott v. Sandford case influenced whether former (non-white) slaves residents of the United States could ever achieve status and rights (such as acquiring land) as citizens of America or not.  It is safe to presume that Cushing was quite familiar with the status and politics of Lake Superior Chippewa mixed acting as quasi-citizens of the United States from his time there during the 1840s.

Mr. CUSHING decided in this controversy, before it was so settled by the Dred Scott case, that a half-breed Indian, receiving annuities as such, recognized as a dependent of a tribe, and the beneficiary of treaty stipulations, could become a citizen of the United States only by some positive act of Federal legislation ; that he could not, of his own volition, or by the laws of a State, change his condition from that of an Indian to that of a Federal citizen. Strange as it may seem, it appears that this part of the Dred Scott is repudiated by Mr. Commissioner HENDRICKS, who thinks a state cannot make a Federal citizen of a man with a drop of negro blood in his veins, but that the Commissioner of the General Land Office may naturalize Indians, ad libitum, without statute or judgement to sustain him.

I am curious to see how this controversy will be decided. The General Land Office upheld STINTSON’S Swedish preemption, on the ground that the frauds were discovered too late for the Commissioner to interefere. Whether or not STINSON hasmade any negro preemptions does not appear. It was too cold at the end of the lake for negroes to flourish much. But now it is to be settled in a case where the attempted frauds have been seasonably discovered, whether or not a Canadian adventurer can preempt whole townships of the Public Lands by the agency of a gang of half-breed Indians, and procure patents for them when the facts are known to the Federal authorities.


The pre-emptive right. Homesteads.

~ Superior, Wisconsin, papers, 1831-1942 ([unpublished])

Detail of Superior City townsite at the head of Lake Superior from 1854 Plat Map of Township 49 North Range 14 West.

Detail of Superior City townsite at the head of Lake Superior from Stuntz’s 1854 Plat Map of Township 49 North Range 14 West.

Early history of Superior should make mention of this right of acquisition, since there under, titles to government land were derived. Any qualified person might acquire title to one hundred and sixty acres of land by settling thereon, erecting a dwelling and making other improvements. Such person was to be twenty-one years of age, either male or female, or the head of a family whether man or woman.

Proof of each settlement was required to be made on a certain day at the United State Land Office and upon the payment of two hundred dollars with the taking of a required oath, the preemptioner got his one hundred and sixty acres of land.

But the whole proceeding, was far from straight, as a general thing, and in fact often amounted to a fraud.

In the words of George R. Stuntz:
“In the first place, Superior was backed by a powerful company of Democratic politicians and Government bankers in Washington, while the northern and northeastern portions of the state were still held by the Indians. This Superior company sought a connection with the Mississippi river, to obtain which they urged in congress the passage of a land grant bill, offering ten sections to the mile to aid in the construction of a railroad from Milwaukee to some point on Lake St. Croix, on the western boundary of the state of Wisconsin.”
History of Duluth and St. Louis County, Past and Present,
Volume 1, page 230.
U.S. Representative John Cabell Breckinridge of Kentucky and U.S. Congressman Henry Mower Rice of Minnesota were both Democrats and both invested in land claims near Superior City.
The Barber familiy members appear to have been Republicans.

Hence the whole country, in and about Superior, was dotted with preemption cabins, which were little more than logs piles up in walls, without floors, or windows, often with brush for a roof, a hole therein for a chimney and perhaps for a door. A slashing of half an acre or so of trees was the “improvement” so called. A very barbarous travesty, it was, upon a white man’s home and farm. Here is an instance, where as was said, a certain doctor of divinity laid claim to a quarter section of land, now in the midst of this city.

One day he sought “to prove up” his preemption, and one Alfred Allen was his witness, and they asked Allen, “Was the pre-emptions shanty good to live in?“, the law requiring a good habitable house on the claim.  And Alf said “Yes, good for mosquitoes.” The Reverend said “Pshaw! Pshaw!” Meanding to upbraid or caution the witness who thereupon only protested and adjured the harder. The difficulty was somehow smoothed over, through some mending of the proofs, and perhaps connivance on the part of persons charged with administration of the United States land laws.

Nevertheless, it is interesting to member that upon rude and rough proceedings, such as are herein alluded to, rest at bottom the titles and claims to everything we own in the nature of lots, blocks, and land.

From: Statements of Hiram Hayes. Mr. Hayes came to Superior in 1854.


History of Duluth and St. Louis County, Past and Present, Volume 1

By Dwight Edwards Woodbridge, et al, 1910

GEORGE R. STUNTZ. [pages 229-231]

One of the earliest settlers at the head of the lakes was Mr. George E. Stuntz, who a short time ago joined the great majority. Before his death Mr. Stuntz wrote of his pioneer experiences as follows:

“In July, 1852, I came to the head of Lake Superior to run the land lines and subdivide certain townships. When I arrived at the head of the lakes there was nothing in Duluth or Superior. There was no settlement. The old American Fur Company had a post at La Pointe, at the west side of Madeline Island.

Detail of Minnesota Point during Stuntz's survey contract during August-October of 1852.

Detail of Minnesota Point from Stuntz’s Exterior Field Notes (August-October of 1852).

“In 1853 I got the range subdivided, and also in Superior, townsite 49, range 13. During the same year, later, in my absence, there came parties from the copper district of upper Michigan and located claims upon the range. They were principally miners. During the same year I built a residence on Minnesota Point under treaty license before the territory was sold to the Government. At that time there were only missionaries or license traders in the tract, as it belonged to the original Indian territory. In 1852, at Fond du Lac, there was a trading post and warehouse, in which I stored my goods on my arrival. In the fall of 1853 I bought three yoke of cattle and two cows at St. Croix Falls and brought them to the mouth of the Iron river, and had to cut a road thirty miles through the dense forest so as to get the oxen, cows and cart through. Later in the fall of 1853 I came through with an extra yoke of oxen, buying provisions, etc., and on coming up to Superior I found quite a settlement of log cabins. These settlers were anxious to get to the United States land office, then at Hudson, Wis. A dense forest intervened. We organized a volunteer company in January, 1854, to cut a road from old Superior to the nearest lumber camp on the St. Croix river, I furnishing two barrels of flour, provisions, pony and dog train, necessary to carry the provisions for a gang of seventeen men. The road was completed in twenty days, the snow being at that time two feet deep. This cut through a direct road to Taylor’s Falls and Stillwater. In 1854 I completed a mill on the Iron river and employed a man to superintend it, and I remained at Minnesota Point, my trading post, where I had first taken out the license. In the same year I took a contract to subdivide two townships located in Superior, townships 48-49, range 15, and afterward I attended the treaty at the time the Indians sold this country to the Government.

Before the 1854 Treaty of La Pointe could be ratified in Washington, D.C., the oral description agreed upon during the negotiations for exterior boundaries of the Chippewa treaties had to be surveyed with the tribe, documented, and delivered to Washington, D.C. before 1855.  It is not clear who was involved with the exterior boundaries of these reservations; whether it was Stuntz, Barber, and/or others from their party.

“There were 5,000 Indians present with their chiefs. It was the biggest assemblage of Indians ever held at Lake Superior at this period of the country’s history. It took a month to pacify the troubles that grew among the different tribes in regard to their proportionate rights. This treaty was sent to congress September [30], 1854, and was ratified and became law in January, 1855.


 To be continued in 1854