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CHAPTER II.
STILLWATER AND ST. CROIX COUNTY
JUDGE IRWIN'S COURT IN 1840

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The first district court north of Prairie du Chien was called at Dakotah, St. Croix county. This county had been assigned to Judge Irwin's district (Green Bay). The time assigned for the court was June, 1840. Judge Irwin wended his way up Fox river to the portage, down the Wisconsin to Prairie du Chien, up the Mississippi to St. Paul, and across from St. Paul to Dakotah with guides. At Dakotah the regular officers were all absent, but he found at the court house two young men named Brown and six Frenchmen from St. Paul and Little Canada, summoned as jurors by Sheriff Lawrence. Judge Irwin remained one night, slept in deer skins in the county building, subsisting meanwhile on venison and bear steak. No calendar was to be found and the judge and jurors left for home.

The first commissioners' meeting was held Oct. 5, 1840. At this meeting much important work was done. An acre of ground at the county seat was selected for county buildings. A contract to erect a court house according to specifications was let to J. R. Brown, he to receive for the same eight hundred dollars. The parties agreed upon a deed or conveyance of ground, a synopsis of which we append. The conveyance cites and reiterates a Wisconsin legislative law establishing St. Croix county, giving to the people the right to locate the county seat by vote and to the county commissioners power to erect county buildings, the selected location to be the permanent seat of justice of said county. It further provides that the county commissioners shall carry into effect the law of Congress of the United States, entitled "An act granting to counties or parishes, in which public lands are situate, the right of pre-emption to one-fourth section of land, for seats of justice within the same." Approved May 20, 1824. It then cites the vote taken Aug. 5, 1840, locating the county seat at "Brown's warehouse, at the head of Lake St. Croix." Further conditions are set forth in compliance with the law, confirming the location on Joseph R. Brown's land claim. This is the first recorded deed in St. Croix county.

Thirty dollars was allowed to J. R. Brown and W. B. Dibble, each, for carrying election returns to Prairie du Chien. The first abstract of votes polled in St. Croix county was for delegate to Congress and for county officers. For delegate to Congress the following vote was cast: Henry Dodge, seventeen; Jonathan E. Arnold, ten. Samuel Burkelo, Hazen Mooers and W. B. Dibble were elected county commissioners; William Holcombe, county treasurer and register of deeds; Phineas Lawrence, sheriff; J. R. Brown, county clerk and clerk of court, and Philander Prescott, assessor.

The first recorded deed of property in Stillwater was from Walter R. Vail to Rufus S. King, transferring for a consideration of $1,550 a tract bounded east by Lake St. Croix and south and north by lands owned by Churchill and Nelson.

Three election precincts had been established in this portion of Crawford county prior to the organization of St. Croix county: Caw-caw-baw-kank, embracing the county adjacent to St. Croix Falls; Dakotah, the county at the head of Lake St. Croix, and Chan-wak-an the Gray Cloud settlement, on the Mississippi.

On July 5, 1841, the commissioners held a meeting and established voting precincts as follows:

Gray Cloud– Judges of election, Hazen Mooers, David Howe, Joseph Haskell.

Mouth of St. Croix Lake– Judges of election, P. Prescott, Oscar P. Burris, John Burke.

Marine Mills– Judges of election, Asa Parker, Samuel Burkelo, T. Harrington.

Falls of St. Croix– Judges of election, Joseph W. Furber, Joshua L. Taylor, Jesse Taylor.

Pokegama– Judges of election, Jeremiah Russell, E. Myers, E. L. Ely.

Feb. 2, 1844, St. Paul and Stillwater were made election precincts by the Wisconsin legislature, and Stillwater was made the county seat. The constituted authorities were not successful in making out assessments and collecting county revenues. The first estimate of expenditures for the county was for 1842, and amounted to $482. This included the estimate for holding one term of court. Up to the time of changing the county seat to Stillwater much dissatisfaction existed as to the manner in which the county finances had been managed, and there was a general revolt, a refusal to pay taxes. In consequence, the county building at Dakotah remained unfinished and was finally abandoned by the county authorities. J. R. Brown lost on his contract on account of this failure and abandonment. The first successful collection of taxes in St. Croix county, considered legal, was in 1845. Capt. Wm. Holcombe acted during this period as clerk of the commissioners, and register of deeds. In 1846 he deputized W. H. C. Folsom as deputy clerk and register of deeds, and transmitted the records from St. Croix Falls to Stillwater.

Fifty Years In The Northwest

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