_Article fifth_--It is furthermore understood, that for the amount of money or property that any one of the proprietors of the aforesaid company shall invest, advance, or pay for the benefit or use of the aforesaid company, more than his proportional share of the whole amount of money or property invested by the aforesaid company, the same amount of money, with interest, shall be paid or refunded back to said proprietor by the aforesaid company, out of the first proceeds arising from the business done by the company aforesaid.
_Article sixth_--It is furthermore understood, that in case any one of the aforesaid proprietors should at any time hereafter be disposed to sell, transfer or dispose of his share of stock owned in the aforesaid company, he shall first pay to said company all the liabilities or indebtedness of said share of stock, and then give said company the preference of purchasing and owning said share of stock, at the same rates by which said proprietor may have an opportunity to sell said shares of stock.
_Article seventh_--It is furthermore understood that the proprietors of the aforesaid company, individually, shall have no right, or power, to sign any obligation or due bill, make any contract, or transact any business of importance in the name of, or binding on, the aforesaid company, except some one proprietor of the aforesaid company should hereafter be fully authorized by the aforesaid company to act and transact business as agent for the aforesaid company.
In testimony whereof, we hereunto set our hands and seals this twenty-sixth day of October, Anno Domini eighteen hundred and forty-three.
JOHN MCKUSICK, ELAM GREELY, ELIAS MCKEAN, C. F. LEACH.
Attest: C. SIMONDS.
This agreement and dates are taken from the original book of records in the possession of John McKusick.
After this agreement was signed, until Mr. McKusick became the sole owner, the business was conducted by mutual agreement, there being no const.i.tuted agent, except in case of an emergency.
The mill boarding house, a two story building, erected in 1845, was burned in 1846, and immediately rebuilt. In 1846 J. H. Brewster built a small store. McKusick"s store was built the same year, on the southwest corner of Main and Myrtle streets. Some smaller buildings were erected this year.
In 1845 a verbal agreement was made with regard to land claims, by which Brown"s claim was recognized as extending along the lake sh.o.r.e north of Battle Hollow, where the Minnesota state prison now stands.
South of Battle Hollow, along the lake sh.o.r.e to Nelson, extending three-fourths of a mile west, was the claim of the mill company, originally held by Fisher. South of Nelson"s alley, one-half mile down the lake, three-fourths of a mile west, was S. Nelson"s claim. When the government survey was made these claims and lines were amicably adjusted and confirmed. A congressional law was in existence making provisions for villages and cities built on unsurveyed lands, that such lands should be equitably divided and surveyed into lots, and the actual settler or occupant should be protected in his rights.
In May, 1846, a desire was expressed by citizens of St. Paul and Stillwater for the opening of new roads between these cities. The traveled road up to that time was by Haskell"s and Bissell"s Mounds.
Louis Roberts and the writer examined a route by White Bear lake. A road was established south of this route in June.
In July I started up the St. Croix river with Joseph Brewster, in a batteau, to put up hay for Elam Greely on Kanabec river. We poled our batteau with outfit and camped where now stands the village of Franconia. The next morning early we entered the picturesque Dalles of the St. Croix, then cordelled our boat over Baker"s falls, and landed at the village of St. Croix Falls. This village, the first American settlement on the St. Croix, had one large mill with six saws. The water power was utilized by means of a permanent dam with ma.s.sive piers. A warehouse was perched in a romantic situation amidst the cliffs of the Dalles and furnished with a tramway or wooden railway extending to the summit of the cliffs, for the transportation of goods. A boarding house dubbed the "Barlow House," another the "Soap Grease Exchange," and a few small tenement houses, const.i.tuted the village. The leading business men were James Purinton, Wm. Holcombe, Joseph Bowron and Lewis Barlow. We spent half a day in making a portage around the St. Croix falls. The wind being fair, on the third day we sailed as far as Sunrise island. At Wolf creek we pa.s.sed an Indian trading post. In front of Sunrise island and on the west side of the St. Croix river, a little below the mouth of Sunrise river, stood the trading post of Maurice M. Samuels, long known as one of the most remarkable and notorious men on the frontier. He was a Jew, but had married a Chippewa woman, claiming that he had married one of his own people, the Indians being, according to his theory, descendants of the Lost Tribes of Israel.
On the sixth day we came to the farm of Jeremiah Russell, on Pokegama lake. We found him a pleasant gentleman, engaged as an Indian farmer.
We paddled across the lake to the Presbyterian mission. Mr. Boutwell, the superintendent, was absent. The mission was pleasantly located, the management was excellent, the crops were in fair condition, and well cultivated. Everything about the mission betokened good management. Next day we went to a hay meadow opposite the mouth of Ground House creek, where we put up on this and adjacent meadows sixty tons of hay. We left on the twenty-fourth, camping the first night at Chengwatana. On the morning of the twenty-fifth, while pa.s.sing down Kanabec river, our ears were greeted with some most horrible and unearthly noises. On turning a bend in the river we saw a large body of Indians cutting indescribable antics, in the river and on the sh.o.r.e, chasing each other, reeling and staggering to and fro, yelling and firing guns. They seemed a lot of Bedlamites turned out as if to dispute our pa.s.sage down the river. Pa.s.s them now we must. It was too late to retreat. Our batteau was light. I was in the bow, Brewster was in the stern. The yelling and uproar grew each moment more horrible.
Brewster said: "Keep the bow in the best water and pa.s.s them in a hurry." He was of great strength; every set of his pole would almost lift the boat from the water. While we were pa.s.sing several guns were leveled at us, but such was the noise that if any were fired we did not hear them. We were glad when we pa.s.sed out of range and hearing.
While pa.s.sing we caught a glimpse of the cause of the unusual disturbance, some whisky barrels, and drunken savages around them, staggering, fighting or lying on the ground in drunken stupor. Landing at Samuels" camp, we learned of him that one Myers had hidden a couple of barrels of whisky on Kanabec river, that the Indians had found them, and the jollification we had witnessed would last till the whisky was all gone. We arrived at Stillwater without further adventure.
In July I made another visit to Prairie du Chien. The mail packet for Fort Snelling, on which I expected to return, broke her shaft and returned to St. Louis for repairs. The postmaster at Prairie du Chien offered me seventy dollars to carry the mail to the Fort, which offer I accepted. I bought a skiff, blankets and provisions, hired one man and started. We poled, paddled and rowed against a strong current, the low water compelling us to keep near the centre of the river. We arrived at Bully Wells" on Lake Pepin on the fifth evening and politely asked the privilege of stopping with him and were promptly refused. It was raining very hard at the time. We drew our skiff up on the sh.o.r.e, turned it over for a shelter, and crawled beneath it with the mail. As it was a cold, wet night, we suffered severely. As we were pa.s.sing an island above Red Wing, the day following, we saw some Sioux Indian wigwams, and, as we had no firewater and no food to spare we kept close to the opposite sh.o.r.e. We were, however, observed. An Indian appeared on the sh.o.r.e near the wigwams and beckoned to us to cross over. We made no reply but kept steadily on our course, observing, meanwhile, that the Indian, with his gun, was skulking along through the brush, apparently bent on overtaking and waylaying us. We kept a respectful distance, and fortunately were able to increase it, but not till we were beyond rifle shot did we dare to pause for rest. That night we camped without striking a light, and next day arrived at Point Douglas. I went no further. The hardship and exposure of this trip brought on a severe illness. Mr. David Hone, at whose house I remained for two weeks, under the care of Dr. Carli, of Stillwater, took the mail to Fort Snelling. Soon as able I returned to Stillwater.
In May of this year I had made a claim of government unsurveyed land, covering springs sufficient for a water power. While I was sick at Point Douglas, Joseph Brewster, Martin Mower and David B. Loomis formed a company to build a mill and carry on a logging business. They had agreed upon me as a fourth partner and to build on my claim; Mower and Loomis to attend to getting logs, Brewster and Folsom to build the mill. We moved to our claim Oct. 6, 1846, and went to work in earnest.
We agreed upon the name of Arcola for the new settlement. The mill was not finished until April 3, 1847, at which time Brewster and Folsom sold out their interest and returned to Stillwater.
STILLWATER IN 1846.
Living in Stillwater, Jan. 1, 1846, were the following married men: Cornelius Lyman, Socrates Nelson, Walter R. Vail, Robert Kennedy, Anson Northrup, Albert Harris, John E. Mower, William E. Cove, John Smith, and W. H. C. Folsom. Among the unmarried men were: John McKusick, C. Carli, Jacob Fisher, Elam Greely, Edward Blake, Elias McKean, Calvin F. Leach, Martin Mower, David B. Loomis, Albion Masterman, John Morgan, Phineas Lawrence, Joseph Brewster, John Carlton, Thomas Ramsdell, William Rutherford, William Willim, Charles Macey, and Lemuel Bolles.
Here follows a list of the pioneers of the St. Croix valley, in 1846, not mentioned elsewhere: Nelson Goodenough, who became a river pilot and settled at Montrose, Iowa; James Patten, Hugh McFadden, Edwin Phillips, a millwright, an ingenious, eccentric man, who left the valley in 1848; Joseph Brewster, who left in 1848, and settled in Earlville, Illinois; Sylvester Stateler, blacksmith, who removed to Crow Wing county, Minnesota, and O. H. Blair, who followed lumbering, a man of talent, but eccentric. He died in 1878. The first school was taught in 1846, by Mrs. Ariel Eldridge, formerly Sarah Louisa Judd.
The second school was taught in 1847, by Mrs. Greenleaf; the third in 1848, by Wm. McKusick. A school house was built in 1848. Rev. W. T.
Boutwell, a Presbyterian minister, preached occasionally in the reception room of Northrup"s hotel. Rev. Eleazer Greenleaf, an Episcopalian, came the next summer and established regular services.
Prior to the organization of Stillwater, Rev. J. Hurlbut, a Methodist minister, had preached in Dakotah, St. Croix Falls and Marine, but organized no societies.
The winter of 1845-46 was very open. All teaming business was done on wheels, except for a few days in December, in which there was snow enough for sledding. A new feature in the trade of the valley this year was the rafting and running of logs to St. Louis.
In December, 1845, Dr. Borup, of La Pointe, and others went by ice and overland with teams to Prairie du Chien, I accompanying them. The first day we came to Point Douglas, at the confluence of the St. Croix and the Mississippi. Between Stillwater and Point Douglas, on the route we followed, some distance west of the lake, we found but one settler, Joseph Haskell. At Point Douglas there were David Hone, a hotel keeper; Hertzell & Burris, merchants, and Wm. B. Dibble, farmer.
We reached Red Wing the second day. At this place lived the famous Jack Frazier, a Sioux half-breed and Indian trader, one Presbyterian missionary, Rev. ---- Denton, and a man named Bush. James Wells, more familiarly known as "Bully Wells," lived with an Indian squaw on the west sh.o.r.e of Lake Pepin, where stands the town of Frontenac. On the third day we went as far as Wabasha, on the west side, three miles below Lake Pepin, where we found several French families. We stopped at Cratt"s hotel. On the fourth day we reached Holmes" Landing, now Fountain City. There were then but two houses, both unoccupied. About noon we pa.s.sed Wabasha prairie, now the site of Winona. It was then covered with Indian tepees. At Trempealeau, in the evening of the fifth day, we found two French families. On the next day we reached La Crosse and found there two American families. Two days more brought us to Prairie du Chien. On the way we pa.s.sed a few French families, and these, with those previously named, const.i.tuted the entire white population between Stillwater and Prairie du Chien.
We started on our return with four two horse teams. We took the river road, pa.s.sing over the ice. In our company was one Tibbetts, from Fort Crawford, and Jonathan E. McKusick, emigrating from Maine to St. Croix valley. They were a social, jovial pair. At Capilaux bluff, Dibble"s team was ahead, and my team second. At this place all halted to allow the thirsty an opportunity of liquoring up, which was done at the rear team. Dibble, in going back, left his team unfastened, and while he was "smiling" with his jovial companions the team ran away. The horses soon broke loose from the sled. One horse made for the sh.o.r.e, the other plunged into an air hole in the ice. The entire company rushed to the rescue, and with ropes and poles managed, at last, to float the horse upon the ice in an unconscious condition. All the whisky left by the "smiling" throng was poured down the horse"s throat, but in vain.
The animal was dead. No other event of interest occurred except some difficulties experienced in the transportation of the first cat ever brought to Stillwater. "Tom" was caged in a narrow box, and the confinement so chafed his proud spirit that he sickened and at one time was reported dead. At the inquest held over his remains by Capt.
McKusick, signs of life were discovered, and by liberal blood-letting the cat was restored to consciousness and lived several years afterward, a terror to the rats in Stillwater.
STILLWATER IN 1847.
For about a year the writer had been officiating as justice of the peace with but little official business, but now and then a marriage to celebrate. On one occasion I walked to Marine to marry W. C. Penny to Jane McCauslin. The marriage was celebrated at Burkelo"s boarding house. The wedding supper consisted of cold water and cold pork and beans. The following morning I did not wait for breakfast but returned to Stillwater as I had come, on foot. Another day I rode to Bissell"s Mounds and united in marriage John Kenny and a mulatto woman. Friend Kennedy threatened to disown me for thus aiding miscegenation. "Such things are intolerable," he said, but from aught I have ever known to the contrary the couple were well a.s.sorted.
TERRITORIAL ELECTION.
On the sixth day of April an election was held for the ratification or rejection of the const.i.tution adopted by the late territorial convention for the antic.i.p.ated state government; also a resolution relative to negro suffrage, and an election was ordered for sheriff.
The vote resulted as follows:
For the const.i.tution, 65; against, 61. For equal suffrage to colored persons, 1; against, 126. For sheriff, Walter R. Vail, 58; W. H. C.
Folsom, 72.
There were five precincts that held elections--Stillwater, St. Paul, Gray Cloud, Marine, and St. Croix Falls.
I immediately gave bonds and qualified as sheriff, and the same day took charge of two criminals, Chippewa Indians, who had been committed by me for murder, while acting as justice. I had previously deputized Ham Gates to take care of them. While in Stillwater they were confined in the bas.e.m.e.nt of the post office building. Their names were Nodin and Ne-she-ke-o-ge-ma. The latter was the son-in-law of Nodin. They were very obedient and tractable, and I treated them kindly, for which Nodin repeatedly told me he would show me a copper mine on Kanabec river. Nodin died not long after his trial, and before he could redeem his promise. The copper mine is yet undiscovered. Fort Snelling was, at that time, the receptacle for criminals in this region, and to the Fort I carried these prisoners with a team,--Ham Gates being driver,--unshackled, unbound, my only weapon a pistol without a lock.
In May I summoned jurors and visited Kanabec river to procure witnesses in the case against Nodin and Ne-she-ke-o-ge-ma for the murder of Henry Rust. The first night I stopped with B. F. Otis, on the St. Croix, where Taylors Falls is now situated. On the second day I crossed the river and proceeded up the east side to Wolf creek, thence crossing to the west side, up as far as Sunrise river. There was no inhabitant, Samuels having vacated his shanty. I crossed the river with great difficulty. The water was high, the current was strong and swift, and I could not swim. I found a fallen tree, partly under water, cut a pole, waded out as far as I could into the current, and then by the aid of the pole floated down some distance, until by pawing and splashing I was able to reach the other sh.o.r.e. That night I stopped with an old Indian trader, Mr. Connor, who, with his Indian wife, welcomed me to his bark shanty, divided into rooms by handsome mats, and made me quite comfortable. He had plenty of good food, and entertained me besides by a fund of anecdotes, incidents in Indian history, and adventures of traders, trappers and missionaries in the Lake Superior and St. Croix region. He was a very intelligent and genial man. Next day I went to Russell"s farm, paddled a canoe to Ground House river, and traveled thence on foot to Ann river, where I found the parties of whom I was in quest, Greely, Colby, Otis and others, a jolly log driving crew, with whom I spent a very pleasant evening. On the return journey, about two miles above the mouth of Ground House river, I saw the ruins of the trading house in which Henry Rust was killed. Rust, at the time of his murder, was selling whisky for Jack Drake. Rev. W. T. Boutwell gives the following account of the murder: "In the winter of "46 and "47 I visited the camps of Kent & True and Greely & Blake. On one occasion I met Rust, and asked him to come and hear me preach. He did not attend. On this day I preached at three camps. On the following night, at Greely"s camp, came a midnight visitor with word that Rust had been shot.
Seventy-five men armed themselves with all kinds of weapons, proceeded to the scene of the tragedy, removed the body of Rust and all valuables from the house, knocked out the heads of two whisky barrels and fired the house, the whisky greatly aiding the combustion. I removed the body to Pokegama and buried it there. Forty men attended the funeral. They held a meeting and resolved to clear the country of whisky. They commenced by destroying two barrels of it for Jarvis. He begged hard for his whisky, saying he was a poor man, and in debt to Frank Steele at Fort Snelling. The response was, "Out with your whisky," and it was destroyed before his eyes. The whisky of two other trading stations followed. For a brief period there was peace, but the whisky soon put in an appearance again."
The first term of district court held in Minnesota, then Wisconsin, was convened in Stillwater, the county seat of St. Croix county, June 1st. It was held in the upper story of John McKusick"s store, southwest corner of Maine and Myrtle streets, Hon. Charles Dunn presiding. The session lasted one week. The bounds of St. Croix county then included Crawford county, Wisconsin, on the south, Brown county, Wisconsin, and the Lake Superior country on the east, the region as far as the British possessions on the north, and to the Mississippi river on the west. The jurors were found within a circuit of a hundred miles.
The grand jury was composed of the following gentlemen:
Jonathan McKusick, J. W. Furber, J. L. Taylor, W. R. Brown, Chas.
Cavalier, J. A. Ford, Hazen Mooers, C. Lyman, C. A. Tuttle, Hilton Doe, Elam Greely, Martin Mower, Jr., Edward Blake, W. B. Dibble, Harmon Crandall, Jerry Ross, James Saunders, Joseph Brown, J. R.
Irving, J. W. Simpson, John Holton, Pascal Aldrich, and Albert Harris.
Joseph R. Brown acted as clerk of court, Jonathan E. McKusick as foreman of the grand jury, and Morton S. Wilkinson as prosecuting attorney.
The attorneys present were: M. S. Wilkinson, of Stillwater; A.
Brunson, of Prairie du Chien; Ben C Eastman, of Platteville, Crawford and Frank Dunn, of Mineral Point. There were but few civil cases.
Nodin and Ne-she-ke-o-ge-ma were indicted for murder, tried and acquitted on the ground that the killing was the result of a drunken brawl.
This season, in addition to attending to my duties as sheriff, I went to St. Louis with a raft of logs. The steamer War Eagle, Capt. Smith Harris, towed through the two lakes, St. Croix and Pepin, a fleet containing ten acres of logs. During the winter of 1847-8, I was engaged in logging. It was difficult to get supplies to the pineries before the swamps were frozen over. This season my goods were taken by batteaus from Stillwater to Clam lake.
AMUs.e.m.e.nTS.--SOCIETY BALL IN STILLWATER.
A writer in the Stillwater _Lumberman_, April 23, 1877, gives a sketchy account of an old time ball, from which we select a few items:
Anson Northrup kept what we called a first cla.s.s hotel. If a man had blankets he could spread them upon the floor and sleep till the bell rang. If he had none he spread himself on the floor and paid for his lodging by tending stove and keeping the dogs from fighting. It was one of the aristocratic rules of the house that a man who slept in blankets was not to be disturbed by dogs.
At one time our popular landlord got up a ball. He sent round a copper colored card,--a half-breed Indian boy,--to tell all the folks to come. Everybody was invited. At the appointed hour they began to a.s.semble. Soon all in town arrived except one Smith. Frequent inquiries were made for Smith, and at last a deputation was sent to inquire the cause of his absence; when it transpired that he had broken his leg. He said he was helping the landlord roll a barrel of whisky from the landing when the barrel slipped, and, rolling back on his leg, broke it. Northrup said that he had bet him one gallon of whisky that he could not lift the barrel to his lips and drink from the bung. In attempting to do this the barrel had slipped from his grasp with the result before mentioned. The wife regretted the accident very much, and said that if it had not been for that barrel of whisky, or some other whisky, they might have both attended the dance. She could have put out the fire, locked up the house, tied up the dog and taken her nine days" old baby with her. "There would be younger babies at the dance," she said.