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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 4 - Early Land Ownership


20     HISTORY OF IRON COUNTY, MICHIGAN
 
 
Chapter IV
 
EARLY LAND OWNERSHIP
 
   As Michigan assumed the responsibilities of Territorial govern-
ment, all the lands within the State were in the custody of the nation-
al government.
   An attempt was made immediately following the War of 1812
to examine the lands adjacent to Detroit in anticipation to offering
same as Bounty lands to the members of the armed services. The
lands in question, however, were found to be low and swampy in
character or sandy barrens and were reported as unfit for the pur-
pose by the surveyor in charge of the work.
   Through the influence of Governor Lewis Cass, preparations were
nevertheless made to receive the increasing numbers of settlers by
making treaties with the Indians, and as the titles were cleared, in
having the lands surveyed. By presidential proclamation
the lands were then offered for sale in tracts of 160 acres at a
price of two dollars per acre, one fourth of the purchase price to be
paid at the time of purchase and the balance over a period of five
years.
   All the early French settlers were given title to their lands and
others who had entered upon the lands at a later date, were upon
proper proof, accorded pre-emption privileges. The first settlers
to arrive were mainly of Scotch or English descent who had migrated
from New York and the New England States.
   Settlement was very rapid and by 1837 when the State was ad-
mitted to the Union, the population had reached 174,061 or twice
the number three years previous.
   As an inducement for the people of Michigan to accept the terms of
admission imposed by the people of Ohio in their Toledo Strip de-
mands, Congress in an Act supplementary to the Enabling Act of
June 23, 1836, offered the following valuable land grants to the
State:
   1. Section number sixteen in every township of the public lands
for the use of schools. If such section had been sold or otherwise
disposed of, other lands contiguous thereto would be granted.
   2. Seventy-two sections for the sole use of a University.
   3. Five entire sections for the completion of the public buildings
of the State or for the erection of new buildings as the legislature
might direct.
   4. All salt springs within the State, not exceeding twelve in
number, with six sections of land adjoining each.
   In accepting the terms of Con-
 
HISTORY OF IRON COUNTY, MICHIGAN     21
 
gress, the Legislature asked for an additional 500,000 acres of un-
appropriated lands for internal improvements as the construction
of one or more railroads or canals from Lake Erie or the Detroit
River to Lake Michigan, or to aid in the construction of such other
roads or canals as the Legislature may designate.
   It further asked that for a road to be constructed from the mouth
of the Ontonagon River on Lake Superior to the mouth of the Meno-
minee River on Green Bay or some other River on the Bay north of
the Menominee River, thence to Sault St. Marie, and section of
land to be given to the State for each mile of road. Another stipu-
lation was that all roads of the U. S. commenced and remaining un-
finished should be completed at the expense of the United States.
   Although no mention is made by Congress in the final Act of ad-
mission, the lands specified in the first part for the purpose of in-
ternal improvements were granted to the State in 1841. To raise
money for the improvements, these lands were placed on sale in 1844
at a price of $1.25 per acre, all lands to be offered at auction be-
fore being declared open for private sale.
   In the year 1850, Congress granted extensive swamp lands to
the State for road construction purposes. The objective of this
grant was the reclamation and development of the State's swamp
land areas, especially the southern part of the Lower Peninsula,
through the construction of a network of roads.
   Acceptance of the lands was made upon the basis of the field
notes on file in the General Land Office; all swamp lands being de-
signated as such on the maps of the original surveys. To meet the
cost of building the roads, these lands were also placed on sale,
first at public auction, later subject to private sale at a minimum
price of $1.25 per acre.
   The Commissioner of the State land office had wide powers in the
leasing and selling of same, being in general charge and supervision
of all the lands of the State, sales being conducted at Mackinaw and
Ontonagon in the Upper Peninsula.
   Until the year of 1850, only slight recognition had been accord-
ed by Congress to the veterans of its Armed Forces. Beginning with
that year, however, a series of laws were enacted pertaining to the
welfare of ex-servicemen and their dependents. Under the Act of Sep-
tember 28 of that year and of March 22, 1852, veterans of the
War of 1812 or many of the Indian Wars, were permitted to locate on
any public lands subject to private entry at the time.
   The amount of land received was based on the length of service,
those who had been engaged for twelve months or more received
160 acres, those of six months service, 80 acres and those serving
a minimum of one month, 40 acres. Widows or minor children of de-
ceased veterans were accorded the right to claim the benefits of the
veteran.
   Under the more comprehensive laws of March 3, 1853 and March
3, 1855, all soldiers and sailors who served in any of the wars of
the United States for a period of not less than fourteen days, were
entitled to receive a Warrant from the Department of the Interior for
160 acres of land or to increase lands of former Warrants to this
amount. This provision was applicable, to dependents also.
   Beginning with the year 1850, land Warrants were issued under
these Acts for some tracts in Iron County. These lands were tax
exempt for a period of three years. Due to the inaccessibility of the
area at the time, no improvements were made thereon and most of the
lands reverted back to the government or were transferred through
assignment to others.
   In the year 1856, Congress made available to the middle western
States, an enormous acreage of grant lands for the purpose of
subsidizing railroad construction. Through the ensuing thirty years,
Michigan received a total of 3,775,599 acres. Of this total, the Upper
Peninsula received 1,670,624 acres
 
22     HISTORY OF IRON COUNTY, MICHIGAN
 
and somewhere in the neighborhood of 200,000 acres of swamp
lands.
   Under the rulings relative to the Upper Peninsula lands, alternate
sections for a width of six miles on each side of the railroad were
made available to the companies upon the completion of each
twenty consecutive miles of road.
   The early State laws governing railroads permitted the organi-
zation of a company by any seven persons upon proof of their ability
to spend a minimum of $4,000 per mile of road. As the value of the
lands granted exceeded this figure at the prevailing price, the invest-
ment was secure and railroad companies were organized in large
numbers.
   The first railroad in the Upper Peninsula was the Iron Mountain
Railway which extended from Negaunee to Marquette and was
completed in 1857. The line was sponsored by Heman B. Ely along
the route of the former plank road between the two villages and was
intended mainly for the transportation of iron and iron ore from
the furnaces and mines to the docks on the lake.
   Although the line was undertaken before the passage of the
Railroad Grant Act, it nevertheless participated in its provisions.
In 1865, the road was extended to Champion and the entire line
became known as the Marquette & Ontonagon Railroad. In 1863,
a line was constructed from Negaunee to Escanaba by the Bay de
Noc & Marquette Railroad Company.
   For this line the Company received a total of 128,301 acres of
grant lands. Only 640 acres of these lands were selected in Iron
County. The road was later acquired by the Chicago & North-
western Railroad Company.
   In 1872, a line was built from Champion to L'Anse for the pur-
pose of an iron ore outlet at that point. This was accomplished by
the Houghton & Ontonagon Railroad Company.
   During the same year, the Marquette & Ontonagon and the
Houghton & Ontonagon Railroads were consolidated to form the
Marquette, Houghton & Ontonagon Railroad Company. This company
extended the line to Houghton in 1883 and the whole was subse-
quently taken over by the Duluth South Shore, & Atlantic Railroad
Company.
   Of the grand total of over 300,000 acres of grant lands received
by the Marquette, Houghton & Ontonagon Company, some 160,000
acres were selected in Iron County by the year 1874. The lands
chosen were situated in the northeastern part of the County, or more
precisely, all the odd sections situated east of a line drawn from
the northwest corner of Township 46 Range 35 to the southeast corn-
er of Township 44 Range 31.