Waupaca County WI Archives History - Books .....Chapter V 1890
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Book Title: History Of Waupaca Co., WI

CHAPTER V.

SURRENDER OF THIS INDIAN TITLE—GOVERNMENT SURVEYS — PRELIMINARY SURVEY BY
WILLIAM B. MUMBRUE — SETTLERS' LEAGUE—INCIDENTS—PRIMITIVE JUSTICE—ILLUSTRATION—
A DUTCH JUSTICE.

  Comparatively, it has been but a few years since the Indian Title to the lands
in Waupaca county was extinguished, and the final surrender made to the whites,
on the first day of June, 1852. On the east side of Wolf River the whites had
come into possession several years previously. The government survey on the east
side of Wolf River was made by Hon. Theodore Conkey, in 1848. The survey in the
towns of Fremont, (the part west of the river), Weyauwega, Mukwa, Royalton,
Little Wolf, Union, Lebanon and Bear Creek was made by Samuel Perrin, in 1852;
in the towns of Larrabee and Dupont, and the north half of Helvetia, (Township
25, Range 12), by A. V. Balch, in the winter of 1852-53; in the town of Matteson
by A. V. Balch and Ira Sumner, in March, 1853; in Township 25, Range 11, by
______ Huntington, in the fall of 1853.

  Previous to the government surveys, settlers had commenced pouring into the
"Indian lands," as this section of the country was then called. Claims were
being staked out and made, and the tents and log cabins of the squatters were
appearing on every side. Still, all was uncertainty. Where the lines would
finally come, or on whose lands their improvements would prove to be, the
settlers were profoundly ignorant. It was trusting to the future with- a
vengeance, and the people fully realized their situation. Accordingly, in order
to approximate at least a probability, William B. Mumbrue was employed to run a
line from some known point on the Wolf River, through the settlements to the
north and west, as a sort of basis on which to make their claims.

  In August, 1849, Mr. Mumbrue made his survey. Commencing on the east bank of
the Wolf River, at the meander post between Sections 12 and 13, in Township 21
north, of Range 13 east, he continued a line westward and northward, blazing his
way to Waupaca and beyond. That line was used as a base for laying off claims.
When the land was afterwards surveyed officially, the lines in some places
varied somewhat from Mr. Mumbrue's, as might have been expected, causing much
trouble and perplexity. The difficulties thus raised were, however, usually
settled by the pioneers in a manner satisfactory to all.

  In a new country there is always more or less "jumping of claims," whereby one
person endeavors to get possession of and hold the land claimed by another.
Waupaca County was no exception to the general rule. In such cases the injured
parties have but one of three courses—to quietly submit, to resist the
trespasser, or to call upon the community for protection. The old pioneers of
this county were law-abiding citizens, and consequently could choose only the
latter course. They effected an organization, a sort of league, having for its
object the protection of one another's rights, especially pre-emption rights.
Members were pledged to stand by one another in all cases of injustice affecting
any of them. A committee of three were chosen, to whom all complaints were to be
made, and who were to investigate all complaints laid before them, and report
their decisions to the members of the society or league.

  The first committee chosen, we believe, were as follows: Benjamin Birdsell,
Claudius F. Eaton and Alonzo Rudd, who were to act as arbitrators in all "cases
arising under the code!"

  Upon receiving notice of a decision by the committee, the members were prompt
in its inforcement; and we are happy to say that those decisions were generally
in accordance with right and justice, a thing which can not be always said of
the decisions of some of our modern courts.

  A few examples of their mode of proceeding may not be entirely uninteresting
to the reader. One case occurred in what is now the town of Lind. A man called
"Doc" Baxter had a claim on what is now the site of the Hatton Mills. He had put
up a board shanty, and commenced some improvements, although he did not stay on
his claim all of the time. One day upon his return after a short absence, he was
very much surprised to find his dwelling converted into a stable, and another
shanty standing near, which had been erected during his short stay away from
home. And, what made matters more mysterious, the shanty was inhabited. One
thing was very certain to his bewildered mind—some one had taken advantage of
his temporary absence to "jump" his claim.

  Upon pushing inquiries a little further, he learned that the shanty was
occupied by a man known as "Old Zach," who was not a very gentle customer to
deal with in such matters.

  Baxter went to him and tried to reason with him upon the injustice and
impropriety of his course, but was promptly told that he, Zach, had as much
right there as anybody; that they all were trespassers; and, in short, that he
could and would hold the claim.

  Finding the case hopeless, Baxter at once laid his grievance before the
committee, and demanded an investigation. They met and proceeded to the disputed
territory. Zach was as stubborn with them as with Baxter, and finally defied
them or the league to oust him, at the same time gently hinting that he kept a
well loaded rifle in his shanty, and should not hesitate to use it if
interferred with. After learning the facts in the case, the committee decided in
favor of Baxter, the original claimant, and ordered Zach to leave—an order much
easier to make than to enforce.

  As Zach would not go, Baxter resorted to the league. Notifying the members of
the case and the decision of the committee, he demanded redress. So, one night
about twenty of the settlers assembled at Fremont and Little River and started
for the scene of action. Arriving within about twenty or thirty rods, a party of
three were sent in advance to hold a parley with the besieged. Marching up to
the shanty, they found it dark and ominously silent. Calling to the garrison,
they demanded an immediate surrender, threatening all manner of dreadful things
if they were obliged to storm the works. No response came from within. Upon a
repetition of the summons came the response: "Go to _____!" a place not believed
in by the unorthodox. At the same time Zach reminded them that he had a loaded
rifle, and would send them there unless they immediately withdrew. He was
promptly informed that resistance would be worse than useless; that if he fired
he wouldn't be apt to hit but one, and before he could load and fire again he
would be dangling on one of the limbs of a neighboring tree. The last important
information had a wonderful effect upon his courage, but he refused to yield.

  At a signal from the party, up came the main body, hooting and yelling Hke so
many savages, and making for the shanty. Down came the door, and crash went one
side of the shanty. Seizing his rifle and blanket, our gallant squatter sprang
through the opening in the side of the shanty, and made for the woods, followed
by half a dozen yelling assailants, who were very careful, however, not to catch
him! The party next took an inventory of all the effects of the late occupant,
and then loaded them all into his wagon, which stood near. Then they completely
demolished the building, handsomely piling up all the lumber belonging to Old Zach.

  Subsequently, before Judge Ware, of Waupaca, Zach brought an action for
trespass against many of the parties, but the defendants swore it away before
Justice Boyd, of Little River, and somehow it went from there to Esquire Brandy,
at Mukwa, the only remaining Justice in the county, where a verdict was rendered
for the defendant. We believe Old Zach finally managed, somewhere, to obtain a
judgement against part of the defendants.

  Another case occurred at Springer's Point. W. A. Springer bought a claim where
the village was afterwards located. Subsequently the man got sick of his
bargain, and managed to get possession of the block house standing on the
property. Not being able to persuade him to leave, Mr. Springer appealed to the
committee, who decided against the interloper. As he failed to "vamose the
ranch" according to orders, the settlers took the matter in hand, and the
following night a number of them paid the house a visit, and insisted upon his
leaving; but he stoutly refused. In the meantime some of the boys went up stairs
and began to lift on the roof, making the very rafters crack. That brought the
occupant to terms. He consented to an arrangement that placed Mr. Springer in
possession of the property.

  A man by the name of Rowley had a claim on the west side of the river, at
Fremont, with a shanty on it. He boarded on the east side. His shanty was filled
with shingles, which he had been buying of the settlers. One morning, upon going
on his claim, he found his shingles nicely piled on the outside, and a family in
their place. Upon an investigation of affairs he found that "old man P____" had
been "jumping his claim." The committee was notified, but could do nothing with
him, P_____ insisting that he had as much right there as any one. So, judgement
was given against him, and that night the matter was taken in hand by the
settlers. Going to the house, they found the door bolted and barred, and no
chance for a parley. Getting a large pole, and mounting it on half a dozen
stalwart shoulders, they went for that door with a vengeance. At the first
charge of the battering ram the door was landed in the middle of the room,
followed by a dozen assailants. But the woman had pluck, and showed fight.
Striking out from the shoulder, she took one of the foremost of her assailants
between the peepers, making him see more stars than he ever did before in so
limited a time! But the citadel finally yielded, and the garrison was permitted
to evacuate, which it did in good style, leaving Rowley in possession. Many
similar incidents might be related, but enough has been told to give an idea of
the manner of obtaining justice adopted by the first settlers, not only of
Waupaca County, but of other counties in early times. Such a course might be
objected to at the present day, when we have all the machinery of law in
operation, but it was effective then, in those rather rude times. We are not
quite sure but a little primitive justice might be beneficial once in a while,
even now. Long, vexatious delays to defeat justice were then unknown, or very
rare. Social standing had less influence in such matters then, and verdicts were
not commonly sold for money. Their decisions were prompt, honest, and speedily
executed. But as society has improved since those early days, there has been a
great change in many of the practices of our courts, although there is room for
still further improvement. We have sometimes thought that if all suits were
decided by lot our juries would give about as many correct verdicts as they do
under the present system! In fact, we have known of their being so decided, and
giving good satisfaction, too—at least to one side, and that is more than they
always do at the present time.

  Some of our earlier Justices had a perfect aversion to any law books except
the Statutes. What they could not find there was of no great account. When a man
was fortunate enough to get elected Justice of the Peace, the next hard work was
to procure his library, which generally consisted of an old form book, oftener
of some other State, and the Revised Statutes. He was then ready for business,
and woe to the attorney or pettifogger who attempted to introduce decisions of
the higher courts! Wasn't a Wisconsin Justice a court by himself, and about as
dignified a body as could be found—high enough, in all conscience!

  We remember having the management of a case before a certain Wisconsin Justice
some twenty odd years ago. In the course of the trial we found a point where we
differed with the Court, and in order to sustain our position produced a couple
of law books and commenced reading from them. Pretty quick the Justice asked us
-what books we were reading from. We told him, mentioning the names of two
standard works. He told us that we might put up our books; he didn't care how
much law they contained, the Statutes contained all the law he wanted, and he'd
be d______ if he'd have any other books brought into his court! There was a
model Justice, and a match for the Dutch Justice we knew of in the State of New
York, who, when an attorney commenced quoting from Johnson's and Wendall's
Reports, interrupted him; and, when the lawyer claimed that what he read was
law, rather tartly replied: "That may be de law of de Supreme Court, but by ____
it ish not de law of dish court!"


Additional Comments:

Extracted from:

HISTORY OF WAUPACA COUNTY, WISCONSIN.

By J. WAKEFIELD,
Historian of Old Settlers' Society of Waupaca County.

WAUPACA, WIS.: D. L. STINCHFIELD,
1890.

COPYRIGHT, 1890, BY J. WAKEFIELD AND D. L. STINCHFIELD.

Printed by D. L. STINCHFIELD, Waupaca, Wis. 
Bound by W. B. CONKEY, Chicago.


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