Remembering Our Ancestors Through Genealogy

A History of Iron County Michigan by Jack Hill Published in 1955, "A History of Iron County Michgan" gives the history and other interesting facts about this Upper Peninsula county. The book was originally printed in two columns. In order to improve the readability of the pages on a web browser it was converted to single column by combining every two original lines. With this exception the transcription was done without changes or corrections. Chapter 3 - General Land Office Surveys

14    HISTORY OF IRON COUNTY, MICHIGAN     Chapter 3   General Land Office Surveys      Upon admission to the Union, the western boundary of the Upper Peninsula was to be formed by the Montreal River. No surveys had heretofore been made, knowledge of the topography was very incomplete and it was erroneously believed that the Montreal River had its source in the Lake of the Desert, (Lac Vieux Desert).    This inadequacy resulted in considerable confusion and cul- minated in a series of legal battles between the States of Michigan and Wisconsin which were not settled until very recent times.    In the year 1838, Congress directed the Surveyor-General to make a survey of the boundary between the State of Michigan and the Territory of Wisconsin.    Under the Act of April 20, 1836, whereby the formation of a Terri- torial government was authorized for Wisconsin and also the en- abling Act for Michigan of June 15, 1836, the south and western boundaries of the Upper Peninsula were defined, "and through said channel of Green Bay to the mouth of the Menominee River; thence through the middle of the main channel of said river to that head of said river nearest to the Lake of the Desert; thence in a direct line to the middle of said lake; thence through the middle of the channel of the Montreal River to its mouth; etc."    No action was taken by the Surveyor General for two years and the matter was entrusted to the War Department. On July 30, 1840, Captain Thomas Jefferson Cram of the Topographical Engi- neers received instructions to proceed with the work.    Following an arduous journey up the Menominee River which re- quired fourteen days to the mouth of the Michigamme River and an additional six days up the Brule River to its source, Captain Cram and his party arrived at Brule Lake in the late summer to begin the survey.    After establishing a starting point in a cove along the south- west side of the lake, the party proceeded to work in a north- westerly direction toward Lac Vieux Desert. While triangulating a lake about midway distant, he was discovered by a party of In- dians. In recording the event, Captain Cram wrote: "Immediately on discovering the signal flags of the surveying party, some of the principal men of the band assembled and came in a body to our camp, and formally notified us to desist work, re- presenting that the land upon which we were surveying the line did not belong to their Great Father, the President of the United States, but was their hunting grounds, and that we were en- croaching upon their rights, and that we could be allowed to pro- ceed no further towards the setting of the sun into the country of the Ka-ta-kit-to-kon, and that we must immediately return to the place whence we came. " For some time, serious appre- hensions were entertained that all further work might be stopped, and the party be compelled to retreat without reaching Lake De- sert; but in an interview with Casha-o-sha the next day all op- position was removed by amicable negotiation and the purchase of the right-of-way through the country, with all other needful privileges, together with permission to pass all the way through to the Montreal River."    One of the stipulations of this treaty made by Captain Cram was that all future surveyors or others entering the country were pledged to make presents to these Indians. This treaty was consum- mated on the shores of Lake Brule, the site now bearing an historical marker erected by the Iron County Park Trustees.    The party continued to survey and map the area as late as the season would permit. Upon reaching Lac Vieux Desert, it was found that this lake was the source of the Wisconsin River flowing to the   HISTORY OF IRON COUNTY, MICHIGAN      15   south, and not the Montreal River as was formerly believed, the lat- ter river having its source some fifty miles to the west.    Failing to complete the work during his initial attempt, Captain Cram returned to fulfill his mission during the next summer. In- stead of seeking the source of the Montreal River however, he es- tablished a terminal point on the shore of the East Branch of the Montreal River, some six miles from its source on Pine Lake, and some six miles east of the true Montreal River. With the es- tablishment of the terminal point. Captain Crams work was com- plete and he withdrew, leaving the lines yet to be run and marked.    As Captain Cram was making his way up the Menominee River in 1840 to determine the boundary, William Austin Burt, an able surveyor working under the direction of Dr. Douglas Houghton, was extending one of the Range lines across the Straits of Macki- naw in preparation for the surveys of the Upper Feninsula.    In explanation, it must be stated that the surveys were conducted in two stages, the Range and Town lines to divide the lands into tracts six miles square known as Townships being surveyed first, while the subdivision of the Townships into Sections was accomplished in a subsequent operation, usually several years later.    The surveys of the Town and Range lines were completed to the Wisconsin boundary on the west in 1847 and the subdivision of the Townships into Sections was undertaken in 1844 and com- pleted in 1852. Beginning in 1840, about one half of the work of surveying the outer township lines was supervised by Dr. Houghton under various contracts entered into with the Government at a stipulated price per mile, usually $5.00.    Upon the death of Dr. Houghton in 1845, his unfinished contract was completed by Samuel Worth Hill, the work then becoming the responsibility of William A. Burt who had been in active control of the field work since its begining. The subdivisions of the townships were made by numerous deputy surveyors under con- tracts entered into with the Surveyor General for the States of Ohio, Indiana and Michigan.    Unlike the surveys of the Lower Peninsula where some of the work was carelessly done and necessitated the resurvey of large tracts, the work in the Upper Peninsula was well performed. Beginning at the Straits, the surveys were carried as far west as Range 10 during the first year. By the year 1844, the work had progressed to the region of the Escanaba River. In the spring of that year, we find Dr. Houghton and his crew embarking at Detroit on the Steamer Gen. Scott for the first leg of their voyage to resume the labors in the wilderness.    His crew consisted of Jacob Houghton his brother, William A. Burt, Harvey and R. S. Mellen, James King and William Ives. Stopping at Mackinaw Island, three Mackinaw boats were pur- chased and Indians and halfbreeds engaged to man the boats, pitch the tents, prepare meals and to act as packers upon arrival at their destination. Proceeding on their journey, the little band ar- rived at Sand Point (Escanaba) four days later. At the mouth of the Escanaba River, seasoned lumber was purchased from the saw- mill of a man named Smith, and the construction of a large flat- boat begun. Dr. Houghton, having looked to the welfare and needs of his crew, now returned to Detroit. Upon completion of the boat, all the equipment and supplies were loaded and the boat was pol- ed upstream to the foot of the cataract in Section 1, Township 45, Range 26. Here they made their base until September, additional supplies being currently transported in with canoes and carried by packers from here to the work camps as the surveys progressed. On September 18th, the crew reached the area where now is located the city of Negaunee and camped on the shores of Teal Lake. The following day as they were running a line to the south,   16   HISTORY OF IRON COUNTY, MICHIGAN   the compass became so irregular that the work was temporarily halted. A search of the area for a possible source of the distur- bence produced specimens of magnetic iron. This discovery brought to the attention of the country, the knowledge that iron existed in the Upper Peninsula and near the site was soon developed the famous Jackson Mine.    Mr. Burt, the leader of the crew was justly elated as the incident offered him an opportunity to test the value of the Solar compasses that he had recently invented and had on hand for emergency use. As a recent order in the instructions of the Surveyor General had com- bined the geologic and linear surveys and required the recording of all minerals and geologic formations encountered, the follow- ing N. B. of Mr. Burt concerning the discovery is of interest:    "Two good Solar compasses were used on the line, and the variation of the needle determined by both. When the variations were about 45 degrees or 50 degrees, the needle appeared to be weak, like one nearly destitute of magnetism. Spathic and hematite iron ore abound on this line."    As the season was getting late, the first snowfall coming two days later and with their provisions exhausted, to a point where it be- came necessary to kill several porcupines to supplement the rations, the return to the flatboat was begun on the 23rd.    With the extension of the surveys to points further west, access to the region was attained by way of Lake Superior, L'Anse Bay, and the Lac Vieux Desert Trail.    Nothing further had been done to complete the boundary surveys following the work of Captain Cram. In 1846 as Wisconsin began the formation of a State government, Mr. Burt had finished the Town and Range lines as far west as the central part of Iron County.    In his orders for the year 1847, he was therefore, instructed to complete the boundary survey by running and thoroughly marking same. On May 14, Mr. Burt and his six aides departed from De- troit for Sault Ste. Marie. The party now consisted of his son Austin, Harvey Mellen and Elias C. Martin, compassmen, Levi Stone and Edwin Hall, Chairmen and Marvin Terrill, axman. Six addi- tional Indian and halfbreed packers were subsequently added to the party.    Arriving at Sault Ste. Marie on the 17th, the party tranported their supplies and equipment from the Steamer Sam Ward over the port- age to the propeller Independence on Lake Superior. Following a rough passage over the Lake in a circuitous route by way of Copper Harbor and Isle Royal, their destination at L'Anse on Keweenaw Bay was reached on May 23rd.    It being Sunday, church services were attended at the Indian Methodist Chapel. The Mission of Father Baraga was also conduct- ed at this time and was situated on the west side of the Bay.    In the absence of a dock, the supplies and equipment were brought ashore in small boats, the three ponies abroad which were to be used to transport to the interior being placed into the wat- ter to swim to land.    After breakfast on the 24th, the party prepared for their seventy- five mile journey inland. The ponies were loaded and packs pre- pared on the old Indian camp grounds atop the high cliff over- looking the Bay. From this point the trail took off to Lac Vieux De- sert and points south. About five miles were covered the first day.    The following day, with rain and sleet falling, some six miles were travelled and the party camped on the pine plains. On the 26th, the ground was covered with several inches of wet snow. During the day, a bridge was constructed over the Sturgeon River for the ponies.    Arriving at their destination, some of the party continued with the survey of the Town and Range lines while Mr. Burt proceeded to direct another crew in the survey and marking of the boundary. Mr. E. C. Martin, a member of the party has left us the follow-   HISTORY OF IRON COUNTY, MICHIGAN   17   ing interesting account of the work:    "I was with Austin Burt, it being my first year's experience in running lines with the Solar compass. As I remember we were camped at the corner of the south boundary of Town 44 North be- tween Range 37 and 38 West. When Judge Burt came to our camp we had run the boundary line from Lake Vieux Desert to Lake Brule, a distance of about 15 miles.    "He related his experience with the Indians while he camped at Lake Brule, which was quite a settlement. The Indians came across the lake in great numbers in bark canoes, and appeared to be wonderfully excited and formed themselves in a circle around the camp, when their Chief, or head man, presented Judge Burt with a package very securely wrapped in several pieces of birch bark.    "He examined it and found a paper which purported to be a treaty made with the Indians by one Captain Cram, who had been sent there by the government to establish a boundary line between Michigan and Wisconsin, from Lake Brule to Lac Vieux Desert. thence from a point on the west shore of Lac Vieux Desert to a point on the headwaters of the Montreal River. It claimed that all white men passing through the country thereafter should pay them tribute.    "Mr. Burt felt that Captain Cram had far exceeded his au- thority, and had placed him in a very embarrassing position. Not having been notified of Cram's arrangement with the Indians, he had come into the woods with a small party of men and had pack- ed his supplies on the men's backs from Lake Superior, a distance of nearly one hundred miles, and felt that he had no more than would be needed to carry him through the work.    "He finally handed the paper back to the Chief, and told him, through his halfbreed interpreter, that their Great Father in Wash- ington had bought their lands of them, and he had just as good a right to be there as they had, and if they made him any trouble he should report them to the Great Father at Washington, and he would send his soldiers and they would remove them all west of the Mississippi River.    "This talk was a great surprise to them, but they seemed to realize their position. He told them that he would make them a present, and share with them the supplies he had.    "He spread out all his packs of flour and beans, showing them what he had, and divided with them generously. The boys gave them all the tobacco they could spare, which seemed to please them, and they became quite friendly, and before they left, Mr. Burt bought a nice piece of venison of them which they brought to our camp, and which made a fine feast for our supper.    "The next morning, Judge Burt and party started on the trail for Lake Vieux Desert to continue the boundary line from the west side of the aforesaid lake to the headwaters of the Montreal River at a point formerly established by Captain Cram."    As the Indian title to the lands had been cleared to the govern- ment in the Treaty of 1842, no further difficulty was encountered with the Indians and the surveys were completed without incident.    All the Town and Range lines in Iron County were run by Wil- liam A. Burt and his sons Austin and John, the father pairing al- ternately with the boys. These surveys were carried into the County in 1846 and completed the following year. The subdivisions however, were made by seven deputy surveyors working under contracts independent of each other.    The time required to subdivide one Township varied from ten to fourteen days. The work was carried on through the years of 1848 to 1852, the greater part being performed in the year of 1851. The deputy surveyors engaged in the work were: Harvey Mellen who completed the subdivision of   18     HISTORY OF IRON COUNTY, MICHIGAN   Township 46, Range 31, in the year of 1848, Townships 42-43-44- 45-46, all in Range 35 in the year 1851 and Townships 45-46 Range 36, also in the year 1851;    John Burt, Townships 41-42-43-44-45 Range 31 and Township 41 Range 32, in the year 1849;    Zelotes B. Searls, Townships 42-43 44 45 Range 32, in 1849 and Township 46 Range 34 in 1852;    Guy H. Carleton, Townships 44-45 Range 33 and 43-44-45 Range 34 in 1851, also Townships 41-42-43 Range 33 and Township 42 Range 34 in the year 1852;    Martin M. Hall, Townships 42-43-44 Range 36 and Townships 42- 43 Range 37 in 1851;    Elias C. Martin, Townships 44-45-46 Range 37 in 1851 and    Francis S. Houck, Townships 46 Range 32 and 46 Range 33 in the year 1852.    John Burt later became Superintendent of Construction of the Sault Canal and invented early locks. G. H. Carleton was Superin- tendent of Canal in 1867.    The crews of each surveyor ordinarily consisted of two chain- men, two axmen and additional Indian help to pack supplies, pre- pare meals, move camp and perform other minor duties as need- ed.    All section corners were well marked, the actual corner usually by a solid stake driven deeply into the ground, while two sturdy trees were chosen nearby as bearing trees. These witness trees were blazed on the side facing the corner post, the description of the corner being scribed into the blazed section in letters and num- bers approximately two and one half inches in height.    Though most of these bearing trees have been destroyed through fire, decay and acts of man, some still remain in remote places, the markings in some cases being deeply imbedded in the growth of a century.    The chain used in measuring the lines was the Gunters chain con- sisting of 100 links, each link being 7.92 inches in length, making a total length of chain 66 feet or four rods. All chain and axmen were under oath in the performance of their duties and the fol- lowing affidavits of the crew of Francis S. Houck during the sur- vey of Township 46 Range 33 are included here for their historical interest.    I, Oliver Trowbridge and George B. Cook, do solemnly swear (or affirm) that I will well and faithfully perform the duties of chain carrier, in all surveys of United States Lands in which I shall be employed as such; and that I will level the chain in measuring over uneven ground, and plumb the tally pins, whether sticking or dropping the same; and that I will report the true distance to all notable objects, and the true length of all the lines that I may assist in measuring, and mark correctly letters and numbers at all corners that I may be required to mark, to the best of my skill and ability.                                                     (Signed)                                                     G. B. Cook.                                                     O. Trowbridge.                                                     June 1852.    We, Adomiram J. Paine and Truman R. Rhead do solemnly swear that we will well and faithfully perform the duities of ax- men, in blazing and marking the lines and corners in all surveys of United States lands in which we may be employed as such, to the best of our skill and ability.                                                    (Signed)                                                    A. J. Paine.                                                    T. R. Rhead.                                                    June 1852. Upon completion of the survey of each Township, the deputy sur- veyor in charge of the work submitted a complete notarized record of the field notes to his superior, the Surveyor General for the States of Ohio, Indiana and Michigan.    These original field notes were placed on file in the General Land Office in Washington and various copies were made for the con- venience of State and County governments and the Land Offices. At the conclusion of the notes of each Township, a general descrip- tion was included thereof. The following description of Harvey Mellen for Township 42   HISTORY OF IRON COUNTY, MICHIGAN   19   Range 35 is a representative example.    General Description.    T. 42 N. R. 35 W.    The surface of this township is gently rolling, the course of the ridges being S-SW and N-NE. The dry land is considered good for agricultural purposes, the soil being mostly second rate sandy loam.    The timber on the dry land is sugar, yellow birch, hemlock, elm, lynn, cedar, etc. The timber in the southeast part of the township is much fallen. The swamps in the interior of the township are most- ly open with a small growth of spruce, tamarack, etc.    There is a narrow swamp along the Brule River which is mostly timbered with cedar. This river has an average width of about 75 links, has a brisk current and is kept clear of timber by the In- dians so as to be navigable for canoes in high water and in high water only.    There is a ledge of red granite situated near the quarter section corner on the lines between Sections 17 and 20, also an outcrop of the same near the quarter Section corner on line between Sec- tions 16 and 21 which would furnish beautiful building material.    The variation of the needle is quite irregular through the cen- tral part of the township from NW to SE though no great change was discovered, the target not exceeding 4 or 5 degrees in the mile.           Harvey Mellen.           Begun           August 9, 1851           Finished           August 23, 1851    Copies of the map of Elias C. Martin of Township 46 Range 37, bear the outline of the proposed Military Road as entering the County in Section 3 of that township. The line followed a course due south to the north line of Section 15 where is swung south- east to pass midway betwen Robinson and Paint Lakes, thence due south to terminate at the south boundary of the township. This road was subsequently constructed further west, passing through Watersmeet and to the west of Lac Vieux Desert.    Another item of interest in the area was the tentative line of the Chicago, St. Paul and Fond du Lac Railroad in the map of town- ship 46 Range 36 by Harvey Mellen. The line entered the County near the northeast corner of Section 4, took a straight southeast- erly course to the southeast corner of the township. This road was later built some eleven miles to the east and is now a part of the Chicago, Milwaukee, St. Paul and Pacific system.    Surveyor William A. Burt completed the survey and marking of the Michigan-Wisconsin boundary as directed in his instructions without further seeking the source of the Montreal River as outlined in the enabling Act of Michigan. In 1846 when Congress had granted permission to the Territory of Wisconsin to form a State government, the boundary was defined, "as marked upon the sur- vey of Captain Cram," and the Act of May 29, 1848 admitting Wis- consin to the Union, maintained the same wording.    The new constitution of Michigan in 1850, corrected the word- ing of the boundary definition to coincide with the State's views of the original intent, thus, "through the middle of the main channel of the River of Montreal to the headwaters thereof, thence in a direct line to the center of the channel between the middle and south Islands in the Lake of' Desert."    Throughout the remainder of the nineteenth century, the ques- tion came before the State Legislature on several occasions, main- ly through the efforts of Mr. Peter White of Marquette. The land un- der controversy was not great, being a triangular strip some fifty miles in length and about six miles in width at its western extremity, the wedge having its apex at Lac Vieux-Desert. As the source waters of the Montreal River have never been officially agreed upon, the exact acreage is unknown. In 1907, the Michigan Legisla- ture passed a resolution that the   20     HISTORY OF IRON COUNTY, MICHIGAN   dispute be placed before a joint commission with the State of Wis- consin. That State however, refused to negotiate. Additional grievances were then brought forward by Michigan in connection with the jurisdiction of Islands along the Brule and Menominee Rivers and some of the larger islands in Green Bay.    Following an extensive investigation of all the evidence connect- ed with the contest, the matter was again brought to the atten- tion of the Wisconsin authorities. The Governor of that State reiter- ated his stand and refused to make any compromise unless com- pelled to do so by the Court.    In 1923, Michigan instituted legal action to press her claims against the State of Wisconsin. The Supreme Court found in favor of the defendant, mainly on the grounds that possession of the lands and waters concerned had been held by that State for many years and Michigan had acquiesed in said possession. In an action entered some time later by the State of Wisconsin to clarify this decree, the Supreme Court on March 16, 1936, gave the last word on the subject.    The Court held to the lines of Captain Cram and which were la- ter surveyed and marked by Mr. Burt, thence down the Brule and Menominee Rivers, all the Islands in the streams above the Quinnesec Falls remaining with Michigan and those below being retained by the State of Wisconsin.