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

Moses S. Gibson was a prominent banker and politician in Hudson, WI.

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

Schuyler Goff later became a La Pointe County Judge and involved with Penokee mixed-blood lands.

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:

Julius Austrian purchased the American Fur Company’s La Pointe Lands from the Bealieu/Borup/Oakes family of white and mixed-blood fur traders.
Michael E. Ames and Isaac Van Etten were lawyers and politicians in Minnesota Territory during the 1850’s.
Austrian and Oakes both signed the 1847 Treaty at Fond Du Lac.
Austrian and Van Etten were both involved with Chippewa Mixed Blood Land Fraud.

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]

Isaac Van Duzer Heard was also a Minnesota Territory lawyer and politician during the 1850’s.

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,

This deed is not recognized at the General Land Office or the Ashland County Register of Deeds.  Nor do they have any original land patent for these lands at all for that matter.

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 partof 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.

Robert Dundas Boyd was a La Pointe County Judge, married to Julia Cadotte of the La Pointe Band, and a nephew of President John Quincy Adams.  Boyd was shot to death in an Ashland bar fight.

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.

Borup and Oakes built La Pointe (New Fort) and the Sawmill for the American Fur Company.
“In 1845, the American Fur Company built a small sawmill near the mouth of what came to be known as Pike’s Creek (S21 T50N R4W). A dam provided waterpower for the mill’s operation. It was operated by the company for only a brief period of time before being sold to Julius Austrian, who in turn sold it to Elisha Pike in 1855.”
~ The Sawmill Community At Roy’s Point by Mary E. Carlson, 2009, page 14.
According to the General Land Office, these 80 acres were entered by Joseph Austrian (via Power of Attorney to his brother Julius Austrian); the north 40 acres on July 5th, 1854, and the south 40 acres on June 6th, 1855.  Both dates occurred after James Hugh’s sale.
Joseph Austrian had an interesting adventure at Austrian’s Sawmill, during the winter of 1851/1852.

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 partof 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.

Doctor Charles William Wulff Borup was Charles Henry Oakes’s brother-in-law; and business partner at the American Fur Company in La Pointe, and as bankers and Free Masons in St. Paul.

Dear Sir,

WILLIAM H. SEMMES was born in Alexandria, Virginia. He came to Hudson in 1851, and practiced law, as a partner of Judge McMillan, in Stillwater. He was a young man of great promise, but died early and much lamented, Sept. 13, 1854.”
~  
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.

Henry Smitz lived with the Austrian Family and was a trusted employee.

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

The Secretary of State of the State of Minnesota, does hereby certify, that Thomas Van Ettan whose name appears subscribed to the annexed instrument, was, at the date thereof, a NOTARY PUBLIC, in and for the State of Minnesota, residing in the County of Ramsey duly appointed and qualified, and empowered by the laws of this State, to administer Oaths, take Depositions, Acknowledgements of Deeds, and other written instruments, and exercise all such powers and duties, as by the law of Nations and according to commercial usages, may be exercised and performed by Notaries Public, and that full faith and credit are due and should be given to his official acts as such Notary.

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

Finding this Judgement dated July 3, 1861, may reveal more details about the James Hughes Affair of 1853 and other scandals at La Pointe.

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

Martin Beaser

August 9, 2016

By Amorin Mello

Magazine of Western History Illustrated Volume IX No.1 Pages 12-17

Magazine of Western History Illustrated
November 1888
as republished in
Magazine of Western History: Volume IX, No.1, pages 24-27.

Martin Beaser.

Martin Beaser

Portrait of Martin Beaser on page 24.

On the fifth day of July 1854, Asaph Whittlesey and George Kilborn left La Pointe, in a row-boat, with the design of finding a “town site” on some available point near the “head of the bay.” At five o’clock P.M. of the same day they landed at the westerly limit of the present town site of Ashland. As Mr. Whittlesey stepped ashore, Mr. Kilborn exclaimed, “Here is the place for a big city!” and handing his companion an axe, he added, “I want you to have the honor of cutting the first tree in a way of a settlement upon the town site.” And the tree thus felled formed one of the foundation logs in the first building in the place. Such is the statement which has found its way into print as to the beginning of Ashland. But the same account adds: “Many new-comers arrived during the first few years after the settlement; among them Martin Beaser, who located permanently in Ashland in 1856, and was one of its founders.”1 How this was will soon be explained.

The father of the subject of this sketch, John Baptiste Beaser, was a native of Switzerland, educated as a priest, but never took orders. He came to America, reaching Philadelphia about the year 1812, where he married Margaret McLeod. They then moved to Buffalo, in one of the suburbs of which, called Williamsville, their son Martin was born, on the twenty-seventh of October, 1822. The boy received his early education in the common schools of the place, when, at the age of fourteen, he went on a whaling voyage, sailing from New Bedford, Massachusetts. His voyage lasted four years; his second voyage, three years; the last of which was made in the whaleship Rosseau, which is still afloat, the oldest of its class in America.

The journal kept by Martin Beaser during his voyages has not been immediately located by Chequamegon History.  Please let us know if you can identify where this valuable source of information can be found.

The young man went out as boat-steerer on his second voyage, returning as third mate. During his leisure time on shipboard and the interval between the two voyages, he spent in studying the science of navigation, which he successfully mastered. On his return from his fourth years’ cruise in the Pacific and Indian oceans, he was offered the position of second mate on a new ship then nearing completion and which would be ready to sail in about sixty days. He accepted the offer. They would notify him when the ship was ready, and he would in the meantime visit his mother, then a widow, residing in Buffalo. Accordingly, after an absence of seven years, he returned to his native city, spending the time in renewing old acquaintances and relating the varied experience of a whaler’s life. He had rare conversational powers, holding his listeners spell-bound at the recital of some thrilling adventure. A journal kept by him during his voyages and now in the possession of his family, abounds in hair-breadth escapes from savages on the shores of some of the South sea islands and the perils of whale-fishing, of which he had many narrow escapes. The time passed quickly, and he anxiously awaited the summons to join his ship. Leaving the city for a day the expected letter came, but was carefully concealed by his mother until after the ship had sailed, thus entirely changing the future of his life.

Martin Beaser appears to have worked with Charles Whittlesey for the Algonquin Company of Detroit during 1845, as featured in Two Months In The Copper Range:
“… Martin, a sailor just from the whaling grounds of the Northwest Coast …”

Disappointed in his aspirations to command a ship in the near future, as he had reasons to hope from the rapid promotions he had already received – from a boy before the mast to mate of a ship in two voyages – and yielding to his mother’s wish not to leave home again, he engaged in sailing on Lake Erie from Buffalo to Detroit until 1847, when he went in the interest of a company in the latter city to Lake Superior for the purpose of exploring the copper ranges in the northern peninsula of Michigan. He coasted from Sault Ste. Marie to Ontonagon in a bateau. Remaining in the employ of the company about a year, he then engaged in a general forwarding and commission business for himself.

"Algonquin Company of Detroit." ~ Reports of Wm. A. Burt and Bela Hubbard, by T. W. Bristol, 1846, page 97.

“Algonquin Company of Detroit.”
~ Reports of Wm. A. Burt and Bela Hubbard, by T. W. Bristol, 1846, page 97.

“Among the very early settlers at this locality [Ontonagon County] were F. G. White, John Cheynowth. W. W. Spalding, A. Coburn, Abner Sherman, A. C. Davis. S. S. Robinson, Edward Sales. Doctor Osborn, Martin Beaser, and Messrs, Webb, Richards, Lockwood, Hoyt, Hardee, Anthony, Sanderson and Dickerson.”
A History of the Northern Peninsula of Michigan and Its People: Volume 1, by Alvah Littlefield Sawyer, 1911, page 222.

Mr. Beaser was largely identified with the early mining interests of Ontonagon county, being instrumental in opening up and developing some of the best mines in that district.

In 1848 he was married in Cattaraugus county, New York, in the town of Perrysburgh, to Laura Antionette Bebee. The husband and wife the next spring went west, going to Ontonagon by way of Detroit. The trip from buffalo lasted from the first day of May to the sixth of June, they being detained at the “Soo” two weeks on account of the changing of the schooner Napoleon into a propeller, in which vessel, after a voyage of six days, they reached Ontonagon.

Chequamegon History has not found another record about the 1853 Beaser/Coburn/Sayles expedition.  Please let us know if you know where more information can be found.

Here Mr. Beaser resided for seven years in the same business of forwarding and commission, furnishing frequently powder and candles to the miners by the ton. He was a portion of the this time associated with Thomas B. Hanna, formerly of Ohio. They then sold out their interest – Mr. Beaser going in company with Augustus Coburn and Edward Sayles to Superior, at the head of the lake, taking a small boat with them and Indian guides. Thus equipped they explored the region of Duluth, going up the Brule and St. Louis rivers. They then returned to La Pointe, going up Chaquamegon bay; and having their attention called to the site of what is now Ashland, on account of what seemed to be its favorable geographical position. As there had been some talk of the feasibility of connecting the Mississippi river and Lake Superior by a ship canal, it was suggested to them that this point would be a good one for its eastern terminus. Another circumstance which struck them was the contiguity of the Penokee iron range. This was in 1853. The company then returned to Ontonagon.

Martin Beaser’s apparent connection with Charles Whittlesey in the copper region suggests that he may have already been connected to Asaph Whittlesey before they co-founded Ashland together during 1854.

Closing up his business at the latter place, Mr. Beaser decided to return to the bay of Chaquamegon to look up and locate the town site on its southern shore. In the summer of 1854, on arriving there, he found Mr. Whittlesey and Mr. Kilborn on the ground. He then made arrangement with them by which he (Mr. Beaser) was to enter the land, which he did at Superior, where the land office was then located for that section. The contract between the three was, that Mr. Whittlesey and Mr. Kilborn were to receive each an eighth interest in the land, while the residue was to go to Mr. Beaser. The patent for the land was issued to Schuyler Goff, as county Judge of La Pointe county, Wisconsin, who was the trustee for the three men, under the law then governing the location of town sites.

Judge Schuyler Goff was issued this patent for 280.53 acres on May 3rd, 1860, on behalf of Martin Beaser, Asaph Whittlesey, and George Kilborn. ~ General Land Office Records

La Pointe County Judge Schuyler Goff was issued this patent for 280.53 acres on May 3rd, 1860, on behalf of Martin Beaser, Asaph Whittlesey, and George Kilburn.
~ General Land Office Records

Mr. Beaser afterwards got his deed from the judge to his three-quarters’ interest in the site.

Beaser named Ashland after the Henry Clay Estate in Kentucky. ~ National Park Service

Beaser named Ashland in honor of the Henry Clay Estate in Kentucky.
~ National Park Service

In January, 1854, Mr. Beaser having previously engaged a topographical engineer, G.L. Brunschweiler, the two, with a dog train and two Indians, made the journey from Ontonagon to the proposed town site, where Mr. Brunschweiler surveyed and platted2 a town on the land of the men before spoken of as parties in interest, to which town Mr. Beaser gave the name of Ashland. These three men, therefore, were the founders of Ashland, although afterwards various additions were made to it.

Many of our readers are familiar with Beaser Avenue in Ashland, Wisconsin, named in honor of Martin Beaser.

Mr. Beaser did not bring his family to Ashland until the eighth of September, 1856. He engaged in the mercantile business there until the war broke out, and was drowned in the bay while attempting to come from Bayfield to Ashland in an open boat, during a storm, on the fourth of November, 1866. He was buried on Madeline island at La Pointe. He was “closely identified with enterprises tending to open up the country; was wealthy and expended freely; was a man of fine discretion and good, common sense.” He was never discouraged as to Ashland’s future prosperity.

The children of Mr. Beaser, three in number, are all living: Margaret Elizabeth, wife of James A. Croser of Menominee, Michigan; Percy McLeod, now of Ashland; and Harry Hamlin, also of Ashland, residing with his mother, now Mrs. Wilson, an intelligent and very estimable lady.


1 See ‘History of Northern Wisconsin,’ p. 67.
2 The date of the platting of Ashland by Brunschweiler is taken from the original plat in the possession of the recorder of Ashland county, Wisconsin.

By Amorin Mello

The Ashland Weekly Press became the Ashland Daily Press.

December 1, 1877

The Survey of the Penoka Range and Incidents Connected with its Early History.

Number III.

Julius Austrian‘s warehouse was the epicenter of La Pointe during the 1850s.
“There was a strip of ice all along the south shore, from thirty to forty miles wide, as far as Marquette; encountered ice again twenty-five miles west of Ontonagon, extending through to La Pointe and Bayfield. Many pieces of this ice were as much as twenty feet thick and were as dangerous to encounter as icebergs at sea. These pieces had been formed by drifts of ledges, one upon another.”
Detroit Free Press, June 5, 1857
(MarinetimeHistoryoftheGreatLakes.ca)
The first La Pointe Light was built in 1857 on Michigan Island and was rejected for not “in conformity to the terms of the contract,” and “discontinued in 1857.”  It should have been located on Long Island, where the second La Pointe Light was built in 1858.  This blunder was attributed to bureaucratic errors, but it could have been due to the ice conditions of 1857.

Friend Fifield:- Upon the first arrival of Mr. Sidebotham and myself at La Pointe, in May, ’57, as previously stated, we took lodging at the Hotel Angus,” the hospitalities of which we were forced to enjoy until some means could be found to communicate with Gen. Cutler. The Bay, as well as the Lake, was full of ice. In fact, we had been compelled to fight out way from the Sault to La Pointe, through heavy masses of ice, nearly the whole distance – and while upon this subject, I will say, that incredible as the statement may appear to many, yes it is a fact, that ice bergs were aground in front of Austrian’s Warehouse, at La Pointe, on the 4th day of July, 1857, in 36 feet of water, while at the same time a field of floating ice was visible from the Range, beyond which, no water could be seen. I verily believe that the lake was not wholly free from ice that summer.

“La Pointe residents began to cross to Bayfield for supplies and services. The establishment of commercial transportation service between these points was immediate. The enterprising Morrin brothers of La Pointe, ferried people and freight across the channel in their bateau — a large, flat-bottomed rowboat. Captain John Angus operated his sailboat, the Jane, between Ashland, Bayfield and La Pointe as early as 1857.”
~ Madeline Island Ferry Line

At length, after remaining at the hotel some eight or ten days, during which Mrs. Angus made us as happy as she could by her kindness and attention, Gen. Cutler came, accompanied by Mr. Herbert. This was the first time that either of us had ever seen Gen. Cutler, but on being informed who we were, he seemed overjoyed to see us, and at once made the proposition to me to take charge of the work, and let him return to Milwaukee, so thoroughly disgusted had he become with the whole thing. To this, however, I would not consent, whereupon he decided to remain, and at once directed Mr. Herbert, who was at that time still in our employ, to return at once to Ironton, taking a part of the supplies, which came up with us, of which they were in great need, Mr. Sidebotham accompanying him, leaving the General and myself at La Pointe. After a long consultation, the General decided to go below, after men and money, wherewith to complete the work; which he did, I following Mr. Sidebotham to Ironton, which place I reached in time to join Mr. Herbert’s party, just starting for the Range, which we reached the second day after leaving Ironton.

“The [1856] organization of the Township of Bayport was maintained for about ten years, until about the year 1867, when the settlers, for various reasons, became so reduced in number that the organization failed, and LaPointe again embraced the Township of Bayport — which ten years before had set up a municipality of its own.
During its existence the taxable real estate in the Town of Bayport had increased from nothing to several hundred thousand dollars, principally through entry of pine lands in the south and western portions of the township and also by extensive entries of mineral properties on the Iron Range.”
~ The Lake Superior Country in History and in Story by Guy M Burnham, pg. 179

Omission was made in the list of stockholders given in my first chapter, of Mr. Herbert, whom name should have been included. His stock was, however, by special agreement, unassessable, as it was through his instrumentality, in part, that the existence of this most wonderful metallic deposit was first brought to the knowledge of the Company, and the work of surveying and locating is undertaken. It was this, together with the knowledge that his long residence in the country was supposed to give him, as to the best mode of conducting such an enterprise, that procured for him this aqucession, as well as the appointment of Agent. In justice, however, to Mr. Herbert, it is proper to state, that besides the work done, and money spent at Ironton, the place selected by him as the future shipping point for the iron, (50,000 tons of which he contemplated bringing there that season, at least he stated) considerable work had also been done upon the range during his administration; mostly, however, at Penoka, where a log cabin, yet standing, had been erected, and some thirty acres cleared, the timber being cut into cordwood, to be used in the manufacture of charcoal iron, for the making of which it was contemplated to erect the proper furnaces in the near future. Neither is it any injustice to say, that although perhaps he did the best he could, situated as he was, yet the work did not progress as fast as the company thought it should, the force, while under his control had became badly demoralized. The idea had obtained, if not with him it had with them, that they were working for a company of bloated bondholders,- had a soft thing, and meant to make the most of it; but with the advent of Gen. Cutler, a change came over the spirit of their dreams. Order was quickly brought out of chaos, and the discovery made that a master hand held the reins. Up to this time, May, ’57, the Range had never been visited by any of the company except Messrs. Palmer, Greves and Ripley, those visiting ’56 was one of exploration only, and as Gen. Cutler, Mr. Sidebotham and myself were the only ones that went up there in ’57, or who, in fact, over performed any work there, a short sketch of them will perhaps not be inappropriate in this connection, while awaiting, metaphorically speaking, the arrival of the expected reinforcements from below. And first of Gen. Cutler:

Lysander Cutler of Wisc. (Library of Congress Prints and Photographs Division Washington, D.C. http://hdl.loc.gov/loc.pnp/pp.print)

Lysander Cutler of Wisc. (Library of Congress Prints and Photographs Division, Washington, D.C.)

“The First Election
The Order of the County Board creating the Town of Bayport was made March 11, 1856, and the store of Schuyler Goff, in Bay City (Ellis Division) was designated as the place for holding the first election for town officers, the election to be held Tuesday, April 1, 1856.
The Town of Bayport comprised all that portion of LaPointe county (since changed to Ashland County) lying south of the north line of Town 48 North; in all over sixty-eight Townships, including the Bad River reservation, which was, on the 8th day of November, 1859, made a precinct by itself.
At the first election held April 1, 1856, there were 24 votes cast — resulting as follows; for Chairman of the Town Board, Schuyler Goff (later appointed County Judge, an office he held for a year or more).  The other members of the town board being J.T. Welton and Asaph Whittlesey.  Schuyler Goff, chairman elect, was the first officer to qualify, his oath of office being administered by Asaph Whittlesey, Justice of the Peace.”
~ The Lake Superior Country in History and in Story by Guy M. Burnham, pg. 179
Ed Hall, Schuyler Goff, Homer Goff, Edwin Ellis, Junius T. Welton and Asaph Whittlesey  are listed in the 1855 Census of La Pointe.
In 1854, S.R. Marston failed to pay taxes, charges and interest to redeem a land claim in Grant County.
Sioux Scrip were a legal mechanism for dispossessing preemption land claims and reaping the profits.

Gen. Lysander L. Cutler was, in many respects, a remarkable man. In person he was rather above the medium height, large head, large, dark eyes, heavy eyebrows, a sure indication of a good memory, as well as firmness, dark hair, inclined to stand erect; walked, usually with a slow and dignified step, with his eyes apparently fixed upon the ground, as if in deep thought, leading an observer to suppose that he was not cognizant of what was being enacted around him. This, however, was a mistake; nothing escaped his observation. In fact, he seemed to know your very thoughts; neither could anyone be in his presence ten minutes without feeling the magnetic influence of his iron will. Was any dangerous work to be undertaken, he would, if within call, be the first one consulted, and appointed to take charge of it. He was a born leader. He was not only one of the best business men I ever knew, but he was also a leader in politics. A good judge of men, sharp and keen, and who ever undertook to circumvent him was sure to some grief, as some of the people who went about the Range did that summer, have no doubt, an abiding recollection. I refer now to Hall, of St. Paul, Minnesota, who undertook, with the assistance of S.R. Marston, a treacherous employee of the Company, and Schuyler Goff, of Racine, at that time a resident of La Pointe, to beat us out of our rights, by entering the lands upon the Range with Sioux Scrip, in which nefarious attempt they would no doubt have succeeded, but for him. He was more than a match for all of them, and they finally retired from the contest in disgrace. Such was Gen. L.L. Cutler, a firm friend, but an uncompromising enemy. Never will the writer forget the happy days spent with him upon the Range in the summer of 1857. We were like brothers, and our friendship was never interrupted by even a passing cloud. We fraternized at once upon our first meeting, and fought the battle for the possession of the Range together, never doubting our ultimately winning the prize. He has gone to his reward, in that bright world beyond the River; yet “in memory’s ever sleepless eye” he is often present with me.

John Sidebotham’s English mannerisms did not fare well with his employees.
James Smith Buck’s surname is an anglicized identity for the Buchanan clan from the Scottish Wars of Independence.
Simeon N. Small and his family purchased controlling stocks from the Wisconsin & Lake Superior Mining and Smelting Co.
Later in life, John Sidebotham was brutally murdered.

Mr. Sidebotham, however, who was by birth an Englishman, and by occupation a cabinet maker, was of a different mould, and although an honest man, was by his habits of life, wholly unfitted for such an undertaking, and of no practical use whatever, and although not constantly at the Range, he was while there, an actual incumbrance, some one having to remain with him constantly; he could not accustom himself to the woods and its annoyance; was always complaining of his food, which of course soon brought him into contempt with the men. One of his peculiarities was a great fondness for sugar, particularly in his tea, which he could not, or thought he could not, drink without it, and as this was an article not always plenty, the boys would sometimes hide it, in order to see him hunt for it, which he would do most persistently until he found it. I remember on one occasion they hid it in a tree, and as he could not climb or chip, although in plain sight he could not get it. They had, as they expressed it, the “dead wood” on him that time.  He finally became so afflicted with boils, on account of his sedentary habits and change of food, that it was with the utmost difficulty we were able to get him from the Range to Ashland, in December, where he remained until sufficiently recovered to be able to travel, after which he reached home in safety. He was the last to sell his stock, which, however, he finally did, to the late Simeon N. Small, claiming that as it was through much tribulation he had obtained it, he would not part with it except at his own price, which I believe he got. This purchase, although it gave Mr. Small a controlling interest in the stock, was ultimately the cause of his financial ruin.       J.S.B.


[from same issue of The Ashland Press]

Whittlesey on Early Times in Ashland.

The laziness of Lazarus and Sibley was revealed in Penokee Survey Incidents: Number II.
John Beck and his family arrived at the Town of Bayport in 1856.
“The first settlement on the spot where Ashland now stands was made, in 1854, by Asaph Whittlesey and George Kilborn, both natives of the Western Reserve, Ohio. The lands were not as yet surveyed, so that they could not pre-empt them, and there was as yet no Homestead law. For this reason they, with Martin Beaser, then living in Ontonagon, Michigan, laid claim, under the “Town Site” law, to about three hundred acres, embracing their log houses and small clearing. They platted this into town lots in 1855, and subsequently were allowed to enter their lands as claimed, and in due course received their title. In February, 1855, Edwin Ellis, a graduate in medicine, in the University of the City of New York, of the class of 1846, came on foot through the woods from St. Paul to the bay.”
~ The Monthly Magazine; A Monthly Journal of American History, Volume 9, 1888, pg. 18

Editor Ashland Press.- In your last issue of the 24th inst., your correspondent “J.S.B.,” in his Early Recollections of Ashland, makes very portient reference to two of Ashland’s prominent citizens of early days, known as “Sibley” and “Lazarus,” stating that in laziness they were competitors for the belt. My own recollection tells me that of this same Sibley had gained some notoriety for telling big yarns, but in this I think he ultimately gave way to John Beck. On one occasion, Sibley arrived in town on foot and alone, and entering a crowd of the boys, addressing himself to Lazarus, said: “Lazarus, I want you to go and help me get my team into town. It now stands in the mud near the head of Main St.” to which Lazarus replied, “I’ll go, if you will first tell us the biggest lie you ever told.” Sibley responded, “Lazarus, I don’t lie.” Lazarus says, “That will do, I’ll go and help you.” I am personally knowing to the fact that this same Lazarus has been known at several different times when he was “keeping back” in cold winters, to remain in beds two nights and the intervening day, to avoid the necessity of cutting wood and cooking a meal; nevertheless, “George E.,” as Lazarus was otherwise known, was a man of much more than usual ability, and was a surveyor had few superiors. We were all glad to have him show himself, and to witness his alacrity in getting upon the “off side” of any proposition that might be submitted.

The Siege of Carlisle was a conflict in the first of the Scottish Wars of Independence.
Whittlesey’s Siege of Barlisle appears to be a reference to the dark circumstances of Augustus Barber’s death.

I hope that brother “J.S.B.” may be heard from again, and that he may tell us more in regard to the crowd of pre-emptors imported by himself and others, (modesty forbids me to mention who,) tending almost invariably to bankruptcy. You, sir, were at the head of some “noble boys,” and you, too, had your share of tough cases. Should I sufficiently recover my strength to enable me to do so, I may hereafter open out on my “Early Recollections” of the place, and if I do attempt it, let all “stand from under,” for “At the siege of Barlisle, I was there all the while.”

W.

Bayfield, Wis., Nov. 24, 1877.