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HISTORY 
 
 OP THE 
 
 TERRITORY OF WISCOMN, 
 
 Fl^OM 1836 TO 1848. 
 
 PRECEDED BY AN ACCOUNT OF SOME EVENTS DURING THE 
 
 PERIOD IN WHICH IT WAS UNDER THE DOMINION 
 
 OF KINGS, STATES OR OTHER TERRITORIES, 
 
 PREVIOUS TO THE YEAR 1836. 
 
 COMPILED BY 
 
 !' 
 
 MOSES M. STRONG, A. M. 
 
 PUBLISHED BY AUTHORITY OF THE STATE. 
 
 
 i/\ 
 
 MADISON, WIS.: 
 
 DEMOCRAT PRINTING CO., STATE PRINTERS. 
 1885. 
 
PREFACE. 
 
 In the winter of 1870, the compiler of this book was in- 
 vited to deliver the annual address before the State Histor- 
 ical Society, and the members of the legislature. Having 
 accepted the invitation, he took as his theme " Territorial 
 Legislation of Wisconsin/' 
 
 The address was a brief condensation of what had occur- 
 red in the legislative halls during the territorial period of 
 twelve years. 
 
 This lae^p' epitome of the history of Territorial Legislation, 
 short and fragmentary as it was from the necessities of the 
 occasion, was received with unexpected favor. The author 
 was urged by many who heard it, among whom were those 
 for whose judgment he felt the utmost deference, to enlarge 
 the work of which the address was an abridgment, and to 
 publish a more complete history of the subject to which it 
 related. 
 
 These flattering solicitations induced the author to make 
 the experiment, although with great hesitation and very 
 serious doubts as to his ability to compile a work which 
 would not disappoint the too generous confidence of his 
 friends. The result is the book now presented to the public. 
 
 It seemed to the compiler that some account of the pre- 
 territorial period, while the country within the present 
 restricted boundaries of Wisconsin was under the dominion 
 of the successive kings, states and territories, which at 
 different epochs had jurisdiction over it, was a suitable 
 introduction to the history of the territory proper, which 
 
 Hence the first chapter, of about twelve pages, contains 
 the briefest possible account of the early explorations of 
 " Florida '' and " Louisiana," under which names the whole 
 country from the Gulf of Mexico to Newfoundland was 
 claimed successively by Spain, France and Great Britain, 
 during a period of more than two hundred and fifty years 
 in the sixteenth, seventeenth and eighteenth centuries, 
 was the principal object of the work. 
 
 This naturally led to a notice of the wars in the eigh- 
 
G PREFACE. 
 
 teenth century with the Fox Indians on the Fox and Wis- 
 consin rivers; and in immediate connection with them a. 
 sketch of the Langlade family — the first permanent settlers 
 in Wisconsin, whose descendants have remained upon its. 
 soil. 
 
 The explorations of Jonathan Carver in 17G6-7, are, it is 
 thought, appropriately referred to; as well as the progress of 
 settlements in the northwest, and the development of their 
 social relations. 
 
 To have omitted a notice of the ancient settlements at 
 Green Bay and Prairie du Chien, and the less numerous and 
 less important ones at Chequamegon, Portage and Milwau- 
 kee, would, it is believed, have been inexcusable. 
 
 The migration of semi-civilized Indians to Wisconsin in 
 the third and fourth decades of this century seemed to de- 
 mand notice. 
 
 The history of the settlement of the lead mines nearly 
 fifteen years before the organization of Wisconsin Territory, 
 and the consequent Winnebago war, followed five years 
 later by the Black Hawk war, occupy nearly forty pages of 
 the preliminary history. These are succeeded by nearly one 
 hundred pages, devoted to an account of civil government, 
 social development, legislation and cognate matters, which 
 complete the pre-territorial history and bring the compila- 
 tion down to the period when the history of Wisconsin Ter- 
 ritory properly commences. 
 
 Although the principal design of the work is to present a 
 history of Territorial Legislation, in the execution of which 
 design a chapter is devoted to the events of each year in 
 chronological order, the design has been departed from so 
 far as to incorporate into each chapter the most important 
 of the contemporaneous events of the period to which it 
 relates, although they may have no direct connection with 
 .legislation. 
 
 History and story are the same word differently written. 
 And the compiler of this book desires to say that his com- 
 pilation consists almost entirely of the story of the events 
 to which it relates, that had been told or written by others. 
 He disclaims all pretentions to originality, which implies 
 rather the creation than the repetition of a story. He 
 claims credit — if it be any credit — only for the order of 
 the compilation, and of putting the words, deeds and writ- 
 ings of others relating to territorial and ante-territorial 
 
PREFACE. 7 
 
 times into such convenient form that they may be read with- 
 out resort to the numerous sources of information from 
 which they have been derived. 
 
 If the attractions of rhetoric, or the interest of sensational 
 description are expected to be found, the reader will be dis- 
 appointed, and even the opinions of the compiler, in respect 
 to the events v/hich are recorded, will be looked for in vain, 
 and are not permitted to affect in any manner the statement 
 of facts presented. 
 
 The compilation being made so largely from the writings 
 of others, it would be next to impossible, either in the text 
 or by notes, to give the credit which is justly due, and it 
 is hoped that any imputation of plagiarism will be found 
 undeserved in view of this acknowledgment. 
 
 Very liberal extracts have been made from the history of 
 General Smith and entire paragraphs used without altera- 
 tion or change of a sentence or word. The collections of the 
 State Historical Society have been drawn upon whenever 
 they would aid in promoting the desired object. The graphic 
 description of the surrender of Red Bird, in the eleventh 
 chapter, is copied bodily from an article on the Winnebago 
 war by Col. Thomas L. McKenney. Other extracts have 
 been made from other writings, which it is not possible to 
 specify in detail. 
 
 The compiler wishes to say, in justice to himself, that the 
 compilation now presented is his first attempt at anything 
 of this kind. He is but little practiced in literary composi- 
 tion, and is but too conscious of his inability to give such 
 form to the materials he has been able to obtain, as to make 
 them worthy of publication. The work, however, is now 
 laid before the public, whose favorable consideration of it is 
 invoked, while no complaint will be made of fair criticism 
 founded upon a knowledge of its contents. It has been 
 undertaken for the reasons already stated, and because the 
 author felt a considerable degree of obligation resting upon 
 him to contribute whatever might be in his power, to the 
 preservation of the history of those events with which he 
 was contemporary, and which in a few years will have 
 passed into oblivion. 
 
 Moses M. Strong. 
 
TABLE OF CONTENTS. 
 
 CHAPTER I. 
 
 EARLY EXPLORATIONS OF "FLORIDA AND '• LOUISIANA " — 1512 TO 1719. 
 
 Gen. W. R. Smith's history — Juan Ponce de l^eon — Diego Miruelo — Narvaez — De Soto — 
 Cham;)Iain — Le Caron — Charter of New France — First Jesuit missions — Brebeuf, 
 Daniel & Zalleraand — Nicollet, the first to visit Wisconsin — Raynibault and Jogues — 
 Dequerre — Fur- traders in 1634 — Drocoux — Mesnard — AUouez and his grand inter- 
 tribal Council at Ciiegoiemegon — Dablon and Marquette — Perot, his visit to Green 
 Bay and Chicago — Mission of St. Francis Xavier establislied at Green Bay — French 
 take formal possession at St. Mary's — The ero':s borne by Allouez and Dablon to the 
 Milwaukee and Waukeslia rivers — Marquette and Joliet explore the Fox, Wisconsin 
 and Mississippi rivers and return to Green Bay via Cliicago — Marquette, his sickness 
 and deatli — Ld Salle erects fort at Frontenac, builds the Griffin, anchors at Green Bay, 
 goes to tlie Illinois, begins to build Fort Crevecoeur, returns to Frontenac, and back to 
 the Illinois — Hennepin, witli Accau and Du Gay explores tlie Upper Mississippi, iua<ie 
 prisoners, liberated, visited St. Autlumy, meet Du Lliut and his party, all reach Green 
 Bay, Hennepin returns to Europe and dies — La Salle goes to Mackinaw and returns to 
 Crevecoeur, dessends tlie Mississippi to its moutli, and takes possession of all the country 
 for France, returns to France, attemjjts to colonize Louisiana — War between England 
 and France — Peace of Ryswick — Iberville and Cliateaumoraud — Iberville ascends the 
 Mississippi — Le Sueur — he explores the St. Peter's river for minerals and winters 
 there — Cadillac takes possession of Detroit — Kaskaskia — Peace of Utrecht — Bois- 
 braint — Fort Ciiavtras, Caliokia and Prairie de Roclier — Artaguette — New Orleans — 
 Renault. 
 
 CHAPTER 11. 
 
 WARS WITH FOX INDIANS — 1712 TO 17J6. 
 
 The Foxes concentrate their bands on Fox River — De Louvigny's expeditian against the 
 Foxes — His report to the council — Little Butte des Mortes — De Louvigny's death by 
 sliipwreclc — Gov. Vaudreuil's letter of approbation — Bad faith of the Foxes — Peace- 
 able efforts of tlie French — Indian council — De Lignery sent to destroy the Foxes — 
 Troops commence march — Foxes escape — Expedition continues up Fox River — Burn 
 villages and return — Lignery criticised — Taken prisoner — Friendly Indians attack 
 the Foxes — Marin — His traffic on Fox and Wisconsin Rivers — Piratical exactions of 
 the Foxes — Marin determines to drive them out — His stratagem — Foxes awaiting the 
 boats — The attack — Village burned — The battle — Result — T.ietter of De Beauharnois 
 — Du Buissoii attacks the Foxes — De Villers defeats and routes tlie Foxes — Surviving 
 Foxes retire to the Wisconsin River — Marin again attacks them — They are driven 
 across the Mississippi — Marin commands at Green Bay — Taken prisoner— Final ex- 
 pulsion of Fo.Kes — Sacs and Foxes confederated — Sacs at Green Bay — Expulsion of 
 the Sacs — Sacs at Sauk Prairie — Sacs remove to the Mississippi River — Sacs and 
 Foxes at Mouth of Rock River. 
 
 CHAPTER III. 
 
 THE LANGLADE FAMILY— 1745 TO 1800. 
 
 Biograpliy no j^art of history — Da Langlade's family— birth of Augustin — and Indian 
 trader — married — children — Charles has a son — Augustin and family remove to 
 Green Bay — his death — marriage of Charles — French War — Vaudreuil selects him 
 to raise tlie Indian tribes, and lead them in the war — He raises 1500 — they march to 
 
10 TABLE OF CONTENTS. 
 
 Fort Du Quesne — Braddock's defeat — The fight owing to the importunities of Charles 
 De Langlade — De Beaujeu consents to order an attack — Casualties — De Langlade 
 ordered to strike Fort Cumberland — At capture of Fort William Henry- Second in 
 command at Mackinaw — At Ticonderoga — Again at Fort Du Quesne — French burn 
 the fort and retire before Washington — At Fort Niagara — Battle of Quebec — Sur- 
 render of Canada and discharge of De Langlade's troops and Indians — His hardships — 
 His children— Takes active part for the British ia the Revolutionary War— Attends 
 Indian Council— Goes to St. Josephs — Superintendent of Indian affairs at Green Bay — 
 His death — Pierre Grignon, Sea. — Augustin Grignon's Recollections. 
 
 CHAPTER IV. 
 
 JONATHAN CARVER'S EXPLORATIONS — 1766 AND 1767. 
 
 Treaty of Paris; cession of Louisiana — Captain Jonathan Carver — His birth— His mili- 
 tary record — Sets out from Boston — At Mackinaw — Leaves Green Bay— Leaves 
 Doty's island — At Portage — At Prairie du Sac — The deserted Fox village — La Prairie 
 des Chiens — Traders stop at Yellow river- At Lake Pepin — Nicholas Pen-ot — Pre- 
 historic tumuli — Makes a treaty between Dakotas and Chippewas — " Carver's Cave "— 
 Leaves canoe and walks to Falls of St. Anthony — St. Francis River — Ascends the 
 Minnesota River — Returns to the Mississippi- Grand Council — " Carver's Grant"— 
 Doubts as to the validity of the deed — lu violation of the King's proclamation — Peti- 
 tion presented to Congress — Adverse report — Another adverse report — " Murray 
 Claim" — Private Land claims — Returns to Prairie du Chieu — Leaves Prairie du 
 Chien and ascends the Chippewa River— On the St. Croix — Copper— Descends to Lake 
 Superior — Reaches Grand Portage — Returns to Mackinaw and Boston. 
 
 CHAPTER V. 
 
 PROGRESS OF SETTLEMENTS IN THE NORTHWEST, AND TRANSFER TO BRITISH 
 
 JURISDICTION — ir0.j TO 1775. 
 
 Digression — Progress of settlement in the Wabash country — PopiUation of Illinois county 
 
 — Gist's settlement in the Youghiogeny — Washington sent to the Ohio River — Begin- 
 ning of the French war — English forces withdrawn from the valley of the Ohio — 
 Braddock's defeat — French power overthrown — Indian affection for the French — First 
 settlements of French east of the Mississippi — Settlement of Upper Louisiana — 1721, 
 Jesuit college — "American Bottom " — French Forts — Fort Massac — Fort Charters — 
 1705 Great Britain svicceeds to France — De Villiers — St. Ange de Bellerive — Retires to 
 St. Louis — E.-iodus of the French — Population of Illinois settlements — Capt. Sterling 
 
 — British proclamation — Right of emigration — Equal rights guaranteed — M. St. Ange 
 returns — Maj. Frazer — Col. Reid — Col. Wilkins — First Common Law Court — 1774 
 Civil Law restored — " Quebec Bill " — Grants of land by Col. Wilkins — Settlements on 
 the Monongahela — Pittsburgh — Gov. Dunmore encourages emigration — French set- 
 tlers support the American cause — Detroit in 1763 — The Pontiac war — Grand couucU 
 of Indian tribes — Capture and slaughter of English garrisons— Mackinaw surprised 
 and captured by a game of ball — Green Bay abandoned — Detroit alone remains — 
 Pontiac invests Detroit — Siege — Great distress of the English — Peace concluded with 
 the Indian tribes — Ponti-ic killed — Peace did not bring settlements — Green Bay — 
 Capt. Stirling takes command of the " Illinois Coimtry " — Indian tribes of the North- 
 west mif rieudly to the Americans and allied to the British — Col . Geo. Rogers Clark 
 sent from Virginia by Gov. Patrick Henry to reduce the British posts in the Northwest 
 
 — Col Clark takes Kiiskaskia and captures the fort — French inhabitants declare for 
 America, and secure submission at Caliokia — Vincennes declares allegiance to Vir- 
 ginia—Jurisdiction of Virginia established in the Northwest — British capture Post 
 Vincennes — Col. Clark recaptures it and sends the British to Virginia as prisoners — 
 Capt. Helm captures a convoy of supplies — Virginia in the possession of the entire 
 Northwest — Slow progress of settlement. 
 
TABLE OF CONTENTS. 11 
 
 CHAPTER VI. 
 
 UNDER AMERICAN JURISDICTION — 1787 TO 1820. 
 
 Ordinance of 1787— Slavery at Green Bay — British posts in Northwest not immediately 
 surrendered — Indian wars — Harmar's defeat on the Maiimee — Successful and de- 
 cisive campaign of Gen. Anthony Wayne — Preliminary articles of peace — Treaty of 
 Greenville, "great and abiding peace document." — Dispute?, about the right to the free 
 navigation of the Lower Mississippi — Free navigation secured by the treaty of Madrid 
 
 — Spain cedes Louisiana to France — France cedes Louisiana to the United States — 
 Indian Territory established — Genl. VV. H. Harrison appointed Governor — Treaty with 
 the Sacs and Foxes ^ Boundaries of the ceded laud — Two treaties with Sacs and Foxes 
 
 — Treaty with Sacs of Rock River — Black Hawk signs treaty — Fort Madison — Pike's 
 expedition — Cession of site of Fort Snelling — Battle of Tippecanoe — Indians seek the 
 aid of British allies — British incite Indian traders— Robert Diclcson and his Indian 
 forces — Capture of Mackinaw — Fort Msigs- Col. Dickson and his Indians join the 
 British at Detroit — Hull's surrender of D_^troit —Evacuation of Fort Dearborn and 
 massacre of Capt. Heald and party — Fort at Prairie du Chien — Unsuccessful expedi- 
 tion of Slaj. Campbell — Col. McKay places guns at Rock Island — P'ort Arra.strong 
 commenced at Rock Island —John Shaw, trades between St. Louis and Prairie du Chien 
 
 — Lead smelting at Galena by Indians — Steam Boat Navigation on the Mississippi — 
 The first saw-mills in Wisconsin. 
 
 CHAPTER VII. 
 
 GREEN BAY — 1G34 TO 183G. 
 
 Earliest abodes of civilization — Nicollet — Fur traders — Mesnard — Allouez — Mission of 
 St. Francis Xavier — Fort — Tonti in command — Du Luth — Marquette and Joliet — 
 Hennepin and Da Luth — Thirty barren years — De Louvigney — De Lignery — Capt. 
 De Velie — Garrison withdrawn — Settlement of Augustin De Langlade — Arrival of 
 Capt. Belfour and twenty men— Fort called " Edward Augustus " in cliarge of Lieut. 
 Gorrell — Lieut. Gorrell abandons the post — Slow progress of the settlemeiit — .Jaques 
 Porlier — Charles Reaume — John Lawe — Population 250 in 1S12 — Ogilvie, Gillaspie & 
 Co.— Honesty of the Indian trade — Jacob Franks builds a mill — Indian agent and factor 
 
 — Government saw-mill — Fort Howard located by Gen. Chas. Gratiot — In command 
 of Col. Chanibei-s — Col. Smith removes troops to Camp Smith — Col. Pi nkney moves 
 back to Fort Howard — Col. McNeill — Gen. Brady — Shantytown — Robert Irwin. Jr. — 
 Daniel Whitney — Wm. Dickinson— H. S. Baird — J. D. Doty — Court House and Jail — 
 Mission School and Rev. R. F. Cadel — Episcopal Cliurch incorporated — First News- 
 paper — Indian agency under Maj. Brevoit — Catholic Church and scjiool — Father 
 Richard — Shantytown absorbed by Navarino, Astor and Depere — Only eight American 
 families — Character of population — Ebenezer Childs — John P. Arndt — Albert G. 
 Ellis — J. D. Doty — Removes to Green Bay — Madison and Doty's island — His official 
 positions — Is appointed Governor of Utah, where he dies — Morgan L. Martin. 
 
 CAAPTER VIII. 
 
 PRAIRIE DU CIIIEN — IGSO TO 183). 
 
 Uncertainty of time of first settlement — Hennepin — Marquet and Joliet — First military 
 post — Cardinelle — Ganier — French trading post — French military jjost — Carver — 
 Gov. Sinclair's purchase — Michael Brisbois — His statement of the settlement — His 
 bakery — He issued currencj- — Campbell appointed Indian a.arent — JIarriage customs 
 
 — Joseph Rolette — Settlement before the war of 1812 — British meditate building a 
 fort — U. S Government build Fort Shelby — McKay's expedition for recapture of the 
 fort — Force consisted of 150 whites and 4.')0 Indians — Col. McKay reaches the to«Ti — 
 Attack upon the boats — Investment of the garrison — Surrender demanded and re- 
 fused—Hot shot — Capitulation — American troops retire down the river — Fruitless 
 Indian pursuit — Capt. Pohlman in command — British evacuation — Fort Crawford 
 erected — Col. Chambers in command — Tyranny of the officers — Charles Menard 
 
12. TABLE OF CONTENTS. 
 
 court-martialled — Joseph Rolette banished — New fort erected— John Shaw trades 
 and builds a grist mill — James H. Lockwood — OlBcers and tradere — Origin of name 
 of town — Farming — Habits of settlers — It was neutral ground — Indian trade — Cath- 
 olic priest — Maj. Forsyth's visit — Col. Leavenworth and troops leave for St. Peters — 
 Fort Snelling located — Troops occupy Fort Crawford — Private land claims — H. L. 
 Dousman — Joseph M. Street — Thomas P. Burnett — Mackinaw county laid out — 
 Brown and Crawford counties laid out — First officers of Brown county — First officers 
 of Crawford county — First court in Brown county — Changes in office in Crawford 
 county — 18^3, first court — 1824 — 1826 and 1830 — 1831. 
 
 CHAPTER IX. 
 
 CHEQUAMEGON — PORTAGE - MILWAUKEE. 
 
 Chequamegon, the field of first missionary work — Portage — Its early settlement — Laurent 
 Earth, first settler — Jean L'Ecuyer — Barth sells to Ca mpbell — Laurent Fily — Francis 
 Roy — Pierre Pauquette employed by Joseph Rolette — Indian trade — Settlement did 
 not increase — Erection of Fort Winnebago — Major Twiggs and his officers — Site of 
 fort — Fort completed — Houses at Portage- Change of troops — Military road from 
 Fort Howard to Fort Crawford — Manner of transporting goods up Fox River — Henry 
 Merrill- Milwaukee — First mention in GorrelFs journal — English trader probably 
 Goddard — La Frambois — Stanislaus Chappue— John B. Beaubien — Laurent Fily — 
 Jaques Vieau — Solomon Juneau — James Kinzie — Hypolite Grignon — Newspaper 
 notices — Juneau j^urchases land — Byron Kilbourn jjurchases west side of river — 
 George H. Walker makes claim on south side of river and finally gets patent — Names 
 of some early settlers — First public meetmg — Digression — Copper Mines of Lake 
 Superior — Pre-historic implements. 
 
 CHAPTER X. 
 
 NEW YORK INDIANS — 1820 TO 183s). 
 
 N. Y. Indians — Ogden Land Co. — Stockbridge and Brothertown Indians — Jedediah Morse 
 
 — Eleazer Williams — He proposes emigration scheme — " South " jealous of free 
 States — Calhoun sanctions a plan to set apart Wisconsin for Indians — War Depart- 
 ment favors the emigration scheme — Dr. Morse at Green Bay — N. Y. Indians aided by 
 Government in going to Green Bay — Williams arrives at Detroit — He learns the 
 Menomonees had sold their land to U. S. —He retuins to New York — Treaty rejected 
 
 — Renewed aid from War Departniert — Arrival at Green Bay — Treaty made — 
 Validity of treaty denied — N. Y. Indians opposed to the treaty — War Department 
 favors another visit to Green Bay — Reach Green Bay — New treaty made — Treaty ap- 
 proved — N. Y. Indians emigrate — Opposition to treaty — Cass and McKiuney treaty — 
 Senate amendment — Abortive attempt at reconciliation — Samuel C. Stambaugh — He 
 visits Washington with Menomonees — Treaty made — Supplementary article — Con- 
 tinued tiU next session — Treaty ratified with amendment — Two townships to Stock- 
 bridges — One township to Brothertowns — Alteration of boundary — Senate amend- 
 ment agreed to with modification — Conflict terminated — Williams abandons his 
 schemes — Scheme of Ogden Land Co. abandoned — Area of freedom unabridged — 
 N. Y. Indians emigrate to Wisconsin — Condition of six nations in Wisconsin — Brother- 
 towns become citizens. 
 
 CHAPTER XL 
 
 THE LEAD MINES AND WINNEBAGO WAR — 1822 TO 1828. 
 
 Gen. Smith's history of Indian disturbances — Indian wars concomitants of settlements — 
 Indians friendly to French settlers — Hostility to agricultural settlements — Winnebagos 
 opposed to the occupancy of the Lead Mines— Mr. Shaw's visit to Fever river — De- 
 scrii^tion of Indian smelting furnaces — First occupation of the Lead Blines — Increase 
 of population —Hazel Green and New Diggings— Government agents — Early settle- 
 ment of the Lead Mines — "Suckers" and "sucker-holes" — Galena was the objective 
 point — Other po hits — Product of fii'st three years — Apprehensions of danger from 
 
TABLE OF CONTENTS. 13 
 
 WiDneba;?os — Tceaty at Prairie du Chien— Troops removed from Fort Crawford to 
 Fort Snelling — Fears at Prairie du Chien of Indian outrages — Murder of Methode — 
 Wa-man-doos-ga-ra-ka confesses the murder— False rumors — Red Bird — Winnebagos 
 resolved on i-etaliation — Attempt to kill Mi-s. J. H. Lockwood — Murder of Gagnier and 
 Lighteap— Capt. Lindsay and his two keel-boats — The two boats part company — 
 Winnebagos concealed on an island — Description of the boats — Attack upon the boat 
 
 — " O . H. Perry " — The second attack — The boat is grounded, hand-to-hand conflict — 
 The boat afloat, and survivors escape — Casualties — Harmless attack upon the other 
 boat — Slander contradicted — Alarm at Prairie du Chien — Military company organized 
 
 — Preparations for defence — Col. Snelling notified, and comes down the river — Con- 
 sternation at Galena and vicinit3' — Gov. Cass arrives at Prairie du Chien — He pro- 
 ceeds to Galena — Lieut. Martin Thomas — Col. Snelling assumes command — Gov. 
 Cass proceeds to St. Louis — Col. Henry Dodge chosen Commander of Volunteers — 
 Col. Dodge scours both sides of the Wisconsin river — Maj. Wliistler arrives at the 
 Portage — Winnebagos in a desperate plight — Red Bird surrendei'ed by the Winne- 
 bagos — Red Bird's appearance — His dress — His calmness — Talk between the 
 Winnebagos and Maj. Whistler — Red Bird ready to die — Prisoners sent to Fort 
 Crawford — Volunteers discharged — Results — Winnebagos contemplated a general 
 rising — Death of Red Bird — Otlier prisoners convicted and pardoned. 
 
 CHAPTER XII. 
 
 THE BLACK HAWK WAR — 1831 AND 1833. 
 
 Progress in the "Lead Mines " — Black Hawk's village — He crosses the Mississippi — 
 Threatened disturbances in 1831 — Indians agree to remain west of the Mississippi 
 
 — Black Hawk war ensued a year later — Alarm in the Lead mine Region — Col. Dodge 
 meets the Winnebagos in council — His " talk " — Treacherous promises of the Winne- 
 bagos — Beginning of the war in 1833 — Gen. Whiteside's command — Gen. Atkinson 
 and the regulars — Black Hawk moves up Rock river — Troops at Dixon — Stillman's 
 defeat — First blood shed in the war — Col. Dodge writes to Gen. Reynolds — Col. Dodge 
 and his neighbors go on an expedition after the Indians — Inhabitants of the Lead Mines 
 thoroughly alarmed — Forts erected — Indian mode of warfare — Indian Creek mas- 
 sacre — Sarrender of female captives — Suspicious conduct of the Winnebagos^ 
 Brave and decisive conduct of Col. Dodge — Captive Winnebago chiefs sent to Gratiot's 
 Grove and held as hostages — Dodge's volunteers meet Galena volunteers at Gratiot's 
 Grove — Five murders near Buffalo Grove — Henry Dodge; brief sketch of — March to 
 Kirker's farm — Col. Dodge's address to the volunteers^ He, with his forces, joins the 
 regulars at Dixon — He escorts Gen. Brady to Ottawa — He returns to his headquarters 
 
 — Gen. Atkinson engages the Sioux and Menomonees as allies — CoL W. S. Hamilton 
 commands the Sioux — Col. Stambaugh commands the Menomonees — Menomonees 
 kill two fugitive Sacs — James Aubrey killed — Murders near Spafford's ford — "Apple" 
 killed in his saddle — Col. Dodge pursues the savages and overtakes them at the Pecka- 
 tonica — Battle of the Peckatonica — Official account — Names of those engaged — 
 Arrival of Sioux — Three of Capt. Stephenson's men killed — Attack on Apple river 
 fort — Black Hawk's account of it — Contest with Maj. Dement's Spy battalion — Black 
 Hawk's account of the engagement — Murder at Sinsinawa mound — Number of set- 
 tlers killed — Indians concentrated near Lake Koshkonong — Gen. Posey and Col. Dodge 
 meet at Fort Hamilton and form left wing — Division of the army — The left wing 
 marches to the First lake — Change of position — March to Fort Atkinson — Judge 
 Charles Dunn shot by a sentinel — Ambush — Indians anxious to escape — Troops sent 
 to Fort Winnebago for provisions, the return route via rapids of Rock River — Effective 
 force — Fresh trail of Indians found — Hot piu"suit to the Four Lakes — Pursuit con- 
 tinued to the Wisconsin River —- Battle of Wisconsin Heights — Casualties — Indians 
 disappear — .\rmy re-united at Helena — Pursuit — Battle of the Bad Axe — Casualties 
 
 — Flight of Black Hawk and Prophet to the Lemonweir — Capture and surrender of 
 the fugitives — Gen. Scott and his forces — Victims of the cholera — Losses by the 
 war — Roster of Col. Dodge's command — Black Hawk a prisoner — At Washington — 
 At Fortress Monroe — Sent home — His death. 
 
14 TABLE OF CONTENTS. 
 
 CHAPTER XIII. 
 
 CIVIL GOVERNMENT — 1513 TO 1834. 
 
 Claims of Dominion — Military authority — Ponce de Leon first Governor — 1537, De Soto 
 Governor -- 1565, Melendez de Aviles, hereditary Governor — French claims of dominion 
 
 — 10-27, Charter of 100 associates— 10(13, company of the West Indies — 1071, French 
 claims of Sault St. Mary— 1082, Ld Salle claimed Louisiana for France — 1089 to 1097, 
 Frontenac Governor — 1700, De CaUiers Governor-General — 1711, Louisiana an in- 
 dependent government — DeMuys — Artaquette — 1712, Cadillac — 1714, Vaudreuil — 
 1728. Beauharnois -- 1753, Gov. Dinwiddie claims dominion in the valley of the Missis- 
 sippi — War between France and England — 1702-3, treaty of peace — Division of 
 territory — Inhabitants of "Illinois county" acknowledge jurisdiction of U. S. and 
 Virginia — County of Illinois established — The Revolution a barren period — Ordinance 
 of 1787 — Boundaries — Population — Characteristics of ordinance — Articles of com- 
 pact — First officers — ■ Creation of legislature — W. H. Harrison, delegate — His success- 
 ors — 1789, Powers of Congress transferred to President — 1792, Amendment of 
 ordinance — IS 0, Franlcing Privilege extended to delegates — Indiana Territory — 
 Boundaries — Territorial government established — Vincennes the seat of government 
 — 1802, act enabling Ohio to form state government —1803, admitted into the Union — 
 
 — Population — 1805, Michigan Territory established — Ordinance of 1787 extended over 
 it — Detroit the seat of government — 18( 9, Illinois Territory established — Boundaries 
 
 — Powers — Kaskaskia the seat of government — Judicial circuits established — Act 
 enabling IlHncis to form state government — North boundary -.- 5th article of compact 
 disi'egarded — Proviso requiring ratification of boundaries — People of W^isconsin not 
 consulted — Convention to form constitution provided for — 1818, Illinois admitted into 
 the Union — Wisconsin attached to Michigan Territory — Michigan Territory authorized 
 to elect delegate to Congress — Elective franchise — 1823, additional judge appointed 
 west of Lake Michigan — Appeals and writs of error — Terms of court — Clerks — Res- 
 idence and salary of judge — James D. Doty, first judge — David Irvin, second judge — 
 Legislative council in Michigan — Territory established — Legislative assembly pro- 
 vided for — Tenure of oflice for judges — Legislative council increased from 9 to 13 — 
 Township and county offleers — Conned to be elective — Congress reserves right of 
 repeal — 183i), term of court changed from Prairie du Chien to Mineral Point — Michigan 
 teiritory extended to Missouri River. 
 
 CHAPTER XIV. 
 
 LEGISLATION PREVIOUS TO 1835. 
 
 Coutume de Paris — 'iiota.ry Public— Commander of Post administered justice — Limited 
 administration of law in Wisconsin — 1763, British king establishes government of 
 Quebec — 1774, Northwestern territory annexed to Quebec — Rights of Canadian 
 subjects defined — Act denounced by Congress in 1774 — One of the grievances in 
 Declaration of ladependence— Court of Trustees — Hesse — Quebec divided into Upper 
 ■and Lower Canada — 1792, Law of Canada repealed — Places of holding courts estab- 
 lished — Slavery limited — 1794, Practice of courts— Inferior courts— Licensing attorneys 
 
 — 1795, recoriling conveyances — 1796, British jui-isdiction surrendered to United States 
 
 — Wayne coimty organized — Common law of England adopted — Woodward code — 
 1816, "Cass" code — 1818, Idinois admitted, and Wisconsin remanded to jurisdiction of 
 Michigan — 1810, laws of England repealed — Couturne de Pay-is and laws of Louisiana 
 and Canada amiuUed — Laws of Northwest territory and Indiana territory annulled — 
 I^aws passed between 1807 and 1810 repealed — Code of 1820 — 1818, new counties 
 established — Mackinaw, Brown and Crawford — Courts in these counties — 1824, 
 County seats of Brown and Crawford counties — Style of acts changed — 1826, Chip- 
 pewa county — Sault de St Mary — 1827, townships of St. Anthony and Green Bay — 
 Census — Apportionment — Counties west of Lake Michigan represented — 1828, special 
 term in Crawford county to try Red Bird — Jurisdiction of county courts transferred 
 to circuit courts — New apportionment — Iowa county organized — Boundaries — 
 County seat — County courts — P. E. Church incorporated at Green Bay — 1630, act in 
 relation to Iowa county — 1831, another apportionment — 1832, first vote on state 
 
TABLE OF CONTENTS. I5 
 
 government - Special sessions of circuit court in Brown and Iowa counties — Places 
 of election in Iowa county — County seat of Iowa county — 1834, Milwaukee county 
 establislied and attached to Brown — 1835, fully organized — Dubuque aud Des Moines 
 counties establislied — Census in 1831 — Bank of Wisconsin — Des Peres — Act to pro- 
 vide for state government — Aug., 11- 3."), special session on account of boundary trouble 
 with Ohio — Laws of Michigan in force in Wisconsin — Judicial system — Supreme 
 court — Circuit courts — County courts — Probate court — Justices of the peace — 
 Poor-debtors — Proscription of negroes — Salibath — Interest — Militia — Paupers — 
 Autioueers — Highways. 
 
 CHAPTER XV. 
 
 WISCONSIN IN A TRANSITION STATE — 183.V0. 
 
 J8'r)-lS.32, early settlements of the lead mines — 1835, Col. Wm. S. Hamilton drives 700 head 
 of cattle from Illinois to Green Bay — Efforts to divide Michigan and organize Wis- 
 consin territory — 1833, inhabitants of Michigan vote in favor of state government- 
 Territory west of the Mississippi attaciied to Micliigan territory— 183(5, June 16, pro- 
 visional act for the admission of tuichigan — 1837, Jan. 20. admission consumated — ■ 
 1831, June S8, "Wisconsin" and "Green Bay" land dislricts established — 1835, 
 1830, June 15, " Milwaukee " land district established — Provision for election of 
 delegate and legislature — Governor to make apportionment west of Lake Mich- 
 igan — Mode of canvassing votes changed — Members of legislature apportioned 
 to counties west of Lake Michigan — Proclamation for session of Legislature at 
 Green Bay, Jan. 1, 1836 — Michigan a State out of the Union — S. T. Mason, Governor 
 of State of Michigan — John S. Horner, Secretary of Territory of Michigan — Election 
 of delegate in 1835 — Candidates, Doty, Martin, Jones, Woodbridge — Jones elected — 
 
 Members elect of Council — Proclamation of Hoi-ner creates confusion — Di-sregarded 
 
 Council meets at Green Bay, Jan. 1 —0 present. 4 absent — Organization — Committee 
 to wait ou Governor- Could not find him — His reason for not attending — Committee 
 appointed to inquire into obstructions to legislation— Report — Council can do nothing " 
 but i)ass resolutions aud memorials — Resolutions — President requested to remove 
 
 Secretary — Not removed — Geo. H. Walker's letter e.xplaining Horner's absence 
 
 Memorial to Congress for Territorial government — Cassville proiiosed for caiiital— 
 Debate— Col . Hamilton — Col. Slaughter — Burnett — Eastern and western portions of 
 territory — Comparative population — Cassville successful — Mr. Knapp — Report of 
 committee on new teiTitory — Amendments — Proposition that Governor be elected — 
 Opposed by Hamilton — Supported by Burnett — Adoption of memorial — Repoi-t on 
 inteinal improvements — Doty as fiscal agent — Pi-oi>ositions to adjourn laid on table 
 — Final adjournment. 
 
 CHAPTER XVI. 
 
 ORGANIZATION OF WISCONSIN TERRITORY. 
 
 Earliest land sales — Floats — Protection of settlers' rights — Territory of Wisconsin 
 organized — Took effect July 4, 1836 — Boundaries — Executive power; Governor- 
 Secretary — Legislative power; Council and House of Representatives — Census 
 
 Apportionment — Right of suffrage — Extent of Legislative power — Appointment 
 of county and town officers — Judicial power; Supreme Court; District Courts- 
 Jurisdiction; Writs of Error and Appeals — Attorney and Marshal — Territorial 
 officers appointed by the President — Territorial expenses — Laws of Blichigan 
 in foi'ce — First session of Legislative Assembly — Public Buildings — Delegate to 
 
 House of Representatives — Transfer of Ju(li(,-ial proceedings — Library — Summary 
 
 Spain, France, Great Britain — Virginia — Northwestern Territorj-- Indiana Territory 
 
 Michigan Territory — Illinois Territory — Jlichigan Territory. 
 
 CHAPTER XVII. 
 
 TERRITORY OF WISCONSIN — ia36. 
 
 Land speculation in 183f5, and its effects — Specie circular — Eastern counties settled most 
 
 rapidly —Territorial officei-s took oath of office at Mineral Point, July 4, 1830 Census 
 
 apportionment — Election of delegate and members of Legislature on second Monday 
 
16 TABLE OF CONTENTS. 
 
 of October— Candidates in each county — Legislature met October 25th — Governor's 
 Message — Stat<?ment of the various acts — Judicial districts — Creation of counties — 
 Three banks incorporated — Seat of government established at Madison — Great Seal 
 adopted — Memorials for improvements — Laws were passed in relation to sheriff's 
 bonds; duties of coroner; incorporation of towns and villages; hcensing sale of liquors; 
 bridge across Milwaukee river; Territorial road; railroads; joint resolution to purchase 
 State hbrary — An effort to codify the laws failed and Legislature adjourned Dec. 9, 
 after a session of 46 days — Numerous appointments to office were made by Governor 
 and council — Supreme court held its fn-st session Dec. 8 — All the judges present — 
 Clerk and Reporter appointed — First newspaper in Milwaukee — First in Belmont 
 
 CHAPTER XVIII. 
 
 TERRITORY OF WISCONSIN— 1837. 
 
 interest of people in proceedings of Congress ~ Sketch of George W. Jones, delegate — 
 Measures proposed for Wisconsin — Ratiflcatign of treaty with Menomonees — Appro- 
 priations for arrearages of Legislative expenses and for ordinary expenses — One 
 section of land granted to Mineral Point and to other towns — The acts incorporating 
 banks were approved — Appropriations for light houses at Milwaukee, Manitowoc, 
 Sheboygan, Green Bay and Racine were made — Proceedings to proteot " claims " — 
 Newspapers — Local jealousies in Milwaukee — Copper ore developments — County 
 seats in Brown, Grant and Green counties — Mail routes and post offices — Judge 
 Frazer's first court at Milwaukee — Commencement of the capitol at Madison —Pur- 
 chase of library — Suspension of specie payments and its effects — Legislative session 
 at Burlington Nov. 6 — 183", changes of membership — Governor's message — Legis- 
 lature adjourned on the 20th January, 1838, having been in session T5 days, having 
 resolved to meet again at same place on second Monday of June. 
 
 CHAPTER XIX. 
 
 TERRITORY OF WISCONSIN— 1838. 
 
 George W. Jones— Delegate in Congress and his connection as second of Mr. Cllley in a 
 duel between him and Wm. J. Graves — Progress of work on the capitol at Madison — 
 Appropriation by Congress --Indian treaties — Surveyor General's office estabUshed for 
 Wisconsin and Iowa — University of Wisconsin — Post offices and post routes — A.ppro- 
 priations by Congress for internal improvements — A preemption law which furnished 
 partial relief was passed — Wisconsin Territory divided and Iowa Territory organized 
 June 12, 1838 — Land sale at Green Bay, Oct. 22 — Sale at Milwaukee for Nov. 19 post- 
 poned until next year — In June a short session of Legislature was held, a census of 
 the population in May, 1838, showed 18,149 — Anew apportionment was made — An 
 election held. The candidates for delegate were Jones, Doty and Burnett; Doty was 
 elected — Distribution of money among traders and half-breeds of Winnebago Indians 
 — First session of new Legislature met 26th Nov., and on the 22d Dec. adjourned to Slst 
 of Jan. — County of Walworth was organized and county seat fixed at Elk Horn — Most 
 of the acts related to roads, bridges and fei'ries and other private and local objects. 
 
 CHAPTER XX. 
 
 TERRITORY OF WISCONSIN — 1839. 
 
 Contest for seat in Congress between Jones and Doty — Doty got the seat and Jones per 
 diem and mileage — Appropriations — Veto power modified — Brothertown Indians — 
 Defining boundary line between Wisconsin and Iowa — Bills which failed — Legislature 
 met Jan. 21 — Governor's message —Winnebago Indians — Acts of fiscal agent ratified — 
 Report of United States attorney as to title to the public park at Madison — Commis- 
 sioners of public buildings investigated — Old law repealed and new commissioners 
 appointed — New commissioners could make no settlement with the old — Bank inves- 
 tigations—Attorney General ordered to wind up Bank of Wisconsin — State Bank 
 
TABLE OF CONTENTS. 17 
 
 incorporated — Several acts creating corporations were passed — Territorial roads were 
 provided for — Building two dams across Rock River authorized — Rock, Dane, JefEersoa 
 and Fond du Lac counties were organized — Many towns established — University land 
 located — Judicial districts established and judges assigned — Time of annual session 
 changed to first Monday of December — Revision of laws — Time of service of delegate 
 fixed and an election provided for first Monday in August — Futile attempts to draw 
 party lines — Doty, Kilbourn and Burnett were candidates — Doty was elected — Gov. 
 Dodge's term expired 4th of July — He was reappointed for three years — The land 
 sales at Milwaukee, which had been postponed, took place on 18th of February and 4th 
 of March — The action of commissioners to distribute money under Winnebago treaty 
 was annulled and a new commission appointed. 
 
 CHAPTER XXI. 
 
 TERRITORY OF WISCONSIN — 1840. 
 
 Seven important measures introduced by the delegate, none of which were adopted — No 
 appropriations were made, except for ordiuarj- territorial expenses — The preemption 
 act extended for two years — In the Legislature of 183D-40, which met December 2, 
 there were seven changes of membership — Names of members, nativity and occupation 
 are given — Governor's message and its recommendations — More about Madison titles — 
 The public buildings unfinished — Suits commenced — Report of committee on the 
 subject — Doty 's position that acts of Legislative Assembly did not take effect until 
 submitted to Congress, and letters on that subject from H. N. Wells, E. V. Whiton, 
 Hans Crocker, Morgan L. Martin, and others — Southern boundary and State govern- 
 ment — Banks — Capt. Cram's estimates of appropriations for roads' $130,000 — Land 
 sale at Green Bay and at Milwaukee in April — Legislature adjourned on 13th January 
 
 to 3d of August — Census, 30,747 — New apportionment of House of Representatives 
 
 Several new towns were created — Winnebago county was laid off in January, 1840, as 
 also St. Croix and Sauk — Dodge and Washington counties organized — Milwaukee 
 "Bridge War" — Several acts of incorporation passed — Time of general election 
 changed from first jMonday of August to fourth Monday of Septembey — Election of 
 President in 1840- Doty 's address, entitled, " Voice of an Injured Territory " — its 
 effect. 
 
 CHAPTER XXn. 
 
 TERRITORY OF WISCONSIN — 1841. 
 
 Appropriation for Legislative expenses reduced from S-34,000 to $20,000 — No appropriation 
 for harbors or internal improvements — Legislature of 1840-1 met Dec. 7 — House of 
 Representatives under new apportionment was almost entirely changed — Message and 
 its recommendation — Contested election case of Bruce and EUis — Brothertown 
 Indians — Also La'Chappelle against Brunson — Condition of the capitol — Territorial 
 suits — Reports of committees on subject — Territorial bonds for $7,000 authorized to 
 be issued for completing capitol and contract let to Daniel Baxter — State government 
 and southern boiuidary — Nothing done — Banks and safety fund — Examination of 
 bank of Mineral Point — Favorable report — The bank failed in about four months — 
 Memorials were passed asking Congress for appropi'iations for harbors and other im- 
 provements — Territorial Geologist — Schools — Act for township government, optional 
 with counties — Numerous towns established and territorial roads provided for — 
 Portage county extended to north line of the Territor}-, and organized for county pur- 
 poses — University lands — Certificates bearing 10 per cent, interest were issued for 
 Territorial indebtedness — President Harrison died April 4, 1841, and Tyler became 
 President — He removed Dodge and appointed Doty, also removed the Secretary, 
 Attorney, Marshal, Surveyor General and most of the Land officei-s, and many other 
 U. S. officers — Gov. Doty also made numerous removals of Territorial officers — ■V^^lig 
 party organized in 1841, and nominated Jonathan E. Arnold, candidate for delegate. 
 The Democratic party organized and nominated Henry Dodge, who was elected. 
 2 
 
18 TABLE OF CONTENTS. 
 
 CHAPTER XXIII. 
 
 TERRITOKY OF WISCONSIIS — 1842. 
 
 ■Congressional action — Appropriation for Legislative expenses — Settlement of arrearages 
 
 — Appropriations must precede sessions of Legislature — Doubts whether appropria- 
 tion should be made to Mr. Dunn the old or Mr. Field the new secretary — Equivalents 
 for preemption rights — Post routes — Gov. Doty's minor son appointed pension agent 
 
 — Appointment withdrawn and Paraclete Potter appointed — Changes in membership 
 of Legislature — Contest of Parmelee and Sill — La'Chappel vs. Brunson — Party aifflia- 
 tions exhibited — Contest for president of the council — Democratic speaker — Secret 
 executive sessions abolished — Governor's message; along paper — Referred to com- 
 mittees in each branch and numerous reports made — The Governor's message strongly 
 recommended State government — Legislature thought it too soon — Gov. Doty issues 
 proclamat'on for vote on State government; but little attention paid to it — Boundary 
 line between Michigan and Wisconsin — New apportionment of members — New 
 counties — What counties adopted town system — New towns — Acts to amend village 
 incorporations vetoed — Passed notwithstanding veto — Other bills passed over vetoes — 
 Fond du Lac asssociation incorporated — Banks — Imprisonment for debt abolished — 
 Numerous private acts passed'— Territorial roads — Contest over the office of State 
 Treasurer — Public buildings and Territorial suits — Lead mines — Leasing system 
 revived — Public feeling —The killing of C. C. P. Arndt by James R. Vineyard. 
 
 CHAPTER XXIV. 
 
 TERRITORY OF WISCONSIN — 1843. 
 
 Harbor and Light house appropriations —Appropriations for Territorial expenses — Certain 
 officers made elective — Term of office of members of the Legislature reduced — 
 Stockbridge Indians — Legislative Assembly meet Dec. 5, 1843 — Mostly new members 
 
 — Organization — Governor Doty refuses to meet the Legislature — Action of the 
 Legislature on the matter — The Governor's reasons — Memorial to the President 
 asking the removal of the Governor — Both houses adjourn until the fourth Monday of 
 January — Governor appoints special session for 6th March — Adjourned session — 
 Governor still refuses to meet the Legislature — Adjournment to Gth March — Both 
 houses meet on 6th March — Committee wait on Governor, who said he would send a 
 written message at 2 o'clock that day — Message — A question of grammar — Recom- 
 mendations of message — State government — Territorial debt — Proceeds of public 
 lands — Internal improvements — Short session — Message referred — Conflict between 
 Governor and Legislature renewed — " Special " session or "Adjourned " session — 
 Resolutions adopted that the session is " special " — President of council resigns — 
 Governor willing to cooperate — Session terminates on 25th March — New session on 
 27th March — Organization continued — Peace restored — Various acts passed — To 
 extend term of court in Walworth county — Appoint superintendent of Territorial 
 property, passed over Governor's veto — Repairs of capitol — Baxter's claim — Ter- 
 ritorial suits — Controversy with the librarian, B. Shakelford — Controversy with the 
 auditor, J. T. Clark — Repoi ter expelled from seat in the House of Representatives — 
 Legislature make no provision for vote on State government — Proclamation of Gov- 
 ernor for vote — But little attention paid to it — Governor's vetoes — Bills passed by % 
 
 — Errors in Governor's estimates of Legislative expenses — Report of Treasurer — 
 Territorial tax — Ashburton treaty, fixing northwestern boundary — Division of Grant 
 county defeated — Dodge county — St. Croix county — Creation and division of towns 
 
 — Territorial roads — Dams — Racine to levy tax for harbor — Election of sheriff, 
 etc. — Feeling about abolition — Banks — Small-pox — Death of Gov. Stevens T. Mason 
 
 — Election of delegate — A party question, H . Dodge and Geo. W. Hickox, candidates. 
 
TABLE OF CONTENTS. 19 
 
 CHAPTER XXV. 
 
 TERRITORY OF WISCONSIN — 1814 
 
 Appropriations by Congfress for harbors and legislative expenses — A section of land 
 granted to improve Grant Slough and Potosi — Legislature met Dee. 4, 1843 — Slight 
 changes in membership — Organization — Death of Dr. Lewis F. Linn — Message of 
 Gov. Doty — State government — Short session — Debt — Taxation — " Fifth state " 
 and its boundai'ies — Shall foreigners vote for state government ? — Question of form- 
 ing state government submitted to the people — Large majority against it — Negro 
 ■suffrage — Infringement of boundaries — Report of committee — It shows the in- 
 fringement, suggests a mode of restitution, and the effect on state government — 
 Receipt and disbursement of share of proceeds of the public lands — Bill to pay Ter- 
 ritorial debt — Report of Auditor and Treasurer of tlie Territory, was misleading — 
 Their nominations were rejected — Territorial suits — Completion of the capitol 
 
 — J. Y. Smith reelected superintendent — Baxter claim — University lands — Railroads 
 
 — Wisconsin Marine and Fire Ins. Co. — Betterments — Terms of courts — Trespass 
 on University and Canal lauds — Redemption from tax sales and limitation of suits — 
 Organization of Portage county — Fond du Lac — Dodge — Sauk — Copies of record of 
 deeds to be obtained in Grant, Green, Portage and Winnebago counties — Towns 
 organized — Villages incorporated — Dams authorized — Free bridges in Blilwaukee 
 and Racine — Territorial roads — Academies — Sjiecial tax for harbors in Milwaukee, 
 Racine and Southport — Vetoes by Governor — Wit and mirth ^ Adjutant General — 
 Memorials to Congress — Length of session and small approjH-iation — Adjouinment 
 sine die — Future sessions to commence first Monday of January — Murder of Robert 
 D. Lester — Politics — Whig convention — Removal of Rufus ParlvS — Nathaniel P. 
 Tellmadge appointed to succeed Governor Doty. 
 
 CHAPTER XX\^I. 
 
 TERRITORY OF WISCONSIN — 1S45. 
 
 Congress — Appropriation for Legislature only $1.3,700 — None for harbors except at 
 Southport — $10,000 for roads — Meeting of Legislature — Change of membership — 
 Organi-^ation — Rock and Walworth counties — Harmony between the Governor and 
 Legislature — Contrast between Tallmadge and Doty — Message — Approves the act 
 of last session as to suffrage of foreign-born citizens — Militia — Internal improve- 
 ments and harbors — Debt — Education — Agriculture — Benediction — No recom- 
 mendation of State government — Action of Legislature on the subject — Futile efforts 
 to repeal suffrage act — Modified by its friends -— Auditor and Treasurer — Their 
 reports — Secretary of the Territory — His reports — Complimented by resolution — 
 Judge Irvin — Dissatisfaction at his absence — Office of Supreme Court Com- 
 missioner abolished — Territorial suits, more delay — Baxter claim — Territory cannot 
 be sued — Territorial tax to pay debt — New counties, Chippewa, La Pointe — Wash- 
 ington comity organized — Dodge county seat located — Winnebago county — IMil- 
 waukee county — Town government in Marquette county and Brown — Futile etforts 
 to divide Jefferson, Dodge and Portage counties — Sauk county seat — Amendments 
 of town government law — Act of Congress granting lands for town sites — Portage 
 City — Fairplay — Boundaries of Milwaukee e.xtended — Beloit incorporated — New 
 towns — Banks — Unauthorized banking — Orthography of Wisconsin — Territorial 
 printer — Liquor license — University lands — Relative to County Treasurers. Clerks 
 and Judges of Probate — Territorial roads — Special tax for roads in Milwaukee 
 and Brown counties — Quietus of bridge controversy in Milwaukee — Improve- 
 ment of Grant river at Potosi — Penitentiary — Dams — Divorce — Change of 
 name — AVisconsin Phalanx — Janesville Academy — Congregational society in Mil- 
 waukee — Memorials to Congress — Fees of Clerk of Supreme Court and Secretary of 
 State — Sheep and dogs — When laws take effect — Adjournment sine die — Claim of 
 preemption to lands reserved as mineral lands — Not sustained by Supreme Court of 
 U. S. — Efforts of agents to lease lands — President's message recommends sale of 
 mineral lands — Henry Dodge appointed Governor in place of Tallmadge, removed 
 
20 TABLE OF CONTENTS. 
 
 Welcomed at Mineral Poiut by dinner and ball — Other appointments — Surveyor 
 General, Marshal, Attorney, Land Officers — Morgan L. Martin nominated as delegate 
 by the Democratic convention, James Collins by the Whig convention, and Edward D. 
 Holton by the Liberty party — Martin elected — Stage lines — Disastrous conflagration 
 in Milwaukee. 
 
 CHAPTER XXVII. 
 
 TERRITORY OF WISCONSIN — 1846. 
 
 Certainty of early State government — Enabling act passes Congress — No contest about 
 boundaries-- Propositions of Congress — Harbor appropriation defeated by v^to — 
 Appropriation of S~5,000 for roads reported did not pass — Appropriation of land for 
 Fox and Wisconsin rivers — Appropriations for Territorial government — Surveyor 
 General's salary increased — Stockbridge Indians — Sale of mineral lands authorized — 
 Legislature meets 5th January — Change of membership — Organization — Nativity, 
 age, residence and occupation of members — Governor's message — Referred to State 
 government, school, debt, penitentiary, sale of mineral lands, rivers and harbors, 
 militia and Indians — Message referred — Bill for State government reported and 
 passed both houses — Election for or aeainst to be on fli-st Tuesday of April — Census 
 first June — Apportionment for convention — When delegates elected — When con- 
 vention to meet — Apportionment of Legislature — Wis. M. & F. Ins. Co. — Bank of 
 Mineral Point — Debt — Auditor's report — Baxter claim — Territorial suits — Escheat of 
 lands to the Territory — New counties: Waukesha, La Fayette and Columbia — New 
 county out of Jefferson and Dodge defeated bj^ vote of people — New towns — Sheboy- 
 gan county organized — County seats; Sauk, St. Croix — Line between Crawford and 
 Chippewa established — Milwaukee incorporated as a city — Villages incorporated; 
 Madison, Prairieville, Sheboygan and Potosi — University lands — Beloit college in- 
 corporated — Carroll college — JIadison academy — Common schools — Terms of courts 
 in 2d district — Court practice — Railroad charters — Plank roads — Territorial roads 
 
 — Bridges in Milwaukee — Toll bridge in Darlington — Improvement of Grant river — 
 Ferry at Potosi — Dams — Rochester cemetery — Religious societies to sell property 
 
 — Manufacturing Co. — Filing of ministers' credentials — Divorce — Change of name — 
 Liquor license — Militia — War with Mexico — Wisconsin Volunteers — Indian scare 
 near JIuscoda — John Catlin Secretary of Territory vice Floyd — Confirmation of 
 Governor's nominations — Territorial printer and superintendent of property elected 
 
 — Memorials to Congress — Proceeds of canal lands turned over to Territorial treasury 
 
 — Burning of wife and children of Marshall M. Strong, and his house — Adjournment 
 sine die — Sale of mineral lands — Political parties — Newspapers — Vote on State 
 government — Census — Governor issues two proclamations; one apportions members 
 of Legislature, the other delegates to convention — Effect of party in election of dele- 
 gates — Meeting of Constitutional convention — Delegates elect — Absentees — Not 
 sworn — Election of president; influences affecting it — Other officers — Rules — 
 
 — Standing committees — Judiciary committee increased — Mr. Ryan is indignant and 
 refuses to serve on the committee — Disposition of the printing — Article on banks and 
 banking — On suffrage and the elective franchise — Death of Thomas P. Burnett and 
 his wiie and mother — Aj'ticle on judiciary — Rights of married women and homestead 
 exemption — Resignation of Marshall M. Strong of his seat — To be submitted to vote 
 on first Tuesday of April — Adjournment sine die. 
 
 chapte!r xxviii. 
 
 TERRITORY OF WISCONSIN - 1847. 
 
 Division of the Democratic party upon adoption of constitution — Congress passes act for 
 admission of the State —Assents to the change of boundary proposed in the constitution 
 
 — Proviso of ratification by vote of people — Same appropriations for Territorial ex- 
 penses — None for harbors — Two for light-houses— Chippewa Land District created 
 
 — Land for Beetown — Prel'mption to Champion and Deering at New Diggins — Legis- 
 lature meets January 4th — List of members — Organization — Message — It refers t •> 
 admission of State into the Union; Territorial debt: Harbors: Militia; Capt. Knowlton's 
 volimteer company in U. S. service; Indians and purchase of lands — Incident as to 
 W. A. Barstow — Opposition to constitution developed — Committee report a bid !< r 
 
TABLE OF CONTENTS- 21 
 
 a nc.v convention in June, if the constitution sliall be rejected — Passes the council; 
 indefinitely postponed in House — Raih'oads — Report of Grant river Improvement — 
 Improvement of Grand Rapids, of AVisconsin river — Memorial to Congress for improve- 
 ment of rapids in Mississippi river — Dams — Bridge at Oshkosh — Special harbor tax 
 at Racine — Navigation Co. at Green Baj'— Removal of suits from Milwaukee to 
 Waukesha — County seats: Washington county; Iowa county; Columbia count}- — 
 Organization of La Fayette county — Winnebago county — Nevt^ tovv'ns organized — 
 Villages of 8outhport and Fond duLac incorporated; Prairieville changed to Waukesha; 
 Beloit repealed, and Milwaukee city charter amended, and authorized to borrow money 
 for school-house sites — Teiritorial roads laid out — Memorial asking for U. S. road 
 from Prairie du Chien to La Pointe — Insurance Co. incorporated — Churches aut horized 
 to become corporations — " Nashotah House" incorporated; Lawrence Institute in- 
 cori^orated; Memorial for graftit of land to it; passed council, but not the House — 
 Academies or seminaries were incorporated at Monroe, Watertown, Sheboygan, Beaver 
 Dam and Prairie du Sac, and a librarj^ association at Beloit — Sumptuary laws — 
 University lands — Divorces and change of names — Dower — Election of Printer and 
 Superintendent — Baxter claim — Penitentiary — Facetious rejjort on quackery — Sale 
 of the mineral lands — The voting for the ratification or reiection of the constitution — 
 Official result — Democratic convention to nominate a candidate for delegate — The 
 result — Whig convention nominate John H. Tweedy — Charles Durkee, Abolition can- 
 didate — Official statement of result; Mr. Tweedj^ elected — Proclamation of Governor 
 for special session — Convened on ISth October — Two changes in council — House all 
 new; list of members — Organization — Message; limited to question of State govern- 
 ment — Action of Legislature confined to the passage of a law for another convention 
 of sixty-nine delegates to be- elected on the 29th of November — Apportionment of 
 delegates — Convention to meet December 15th — Census — Another convention, if 
 constitution should not be adopted — Session of Legislature postponed — Political 
 division of the convention — Population. 
 
 CHAPTER XXIX. 
 
 TERRITORY OF WISCONSIN — 1848. 
 
 Second convention meets — List of members — Organization — William S. Hamilton con- 
 tests the seat of John O'Connor — Commission to take testimo)iy — - Contest unsuccess- 
 ful—Rules—Prayers—Standing committees — Printing — Article on "Executive," 
 Veto; Lieutenant Governor — " Organization and functions of the Judiciary" — 
 " Boundaries " — " Legislative " — " Suffrage " — " Exemptions from forced sale " — 
 "Banks and Banking" — Other articles adopted without contest — Submitted to 
 popular vote second Monday of March — Elections of State officers, etc., second Monday 
 in May — Legislature meet first Monday in June — Convention adjourned sine die 
 February 1st — Constitution adojited by the people on the 13th March — Admitted into 
 the Union Blay 19th — Last session of Legislature met February 7th — Meinbers the 
 same — Organization — Message — It refers to harbors; Grant river improvement, 
 Death of Silas Wright, and does not deem it proper to submit " subjects of general 
 legislation " — appropriation only sufficient for session of 24 days — Laws were passed in 
 relation to making land office certificates evidence; publication of notices; convey- 
 ances; commitments; cemeteries and telegraph — Resolutions in relation to the death 
 of Silas Wright, John Quincy Adams and Captain Augustus Ouarles — Settlement of 
 the Territorial suits — Baxter claim — Memorials to Congress — Repudiating resolu- 
 tions of 1842rescinded — Divorces; 42 asked and 24 granted — Change of names — Ap- 
 propriation to heirs of T. P. Burnett — County seat of La Fayette county — Vote ou 
 division of Grant county — Boundaries of Fond du Lac, Winneiiago and Calumet 
 counties in Lake Winnebago — Adams county organized; and Manitowoc — County 
 seats; Sauk, Columbia and Washington — Records transferred from Milwaukee to 
 Waukesha county — 3Ir. IMooers of Washington county resigns his seat — New towns 
 organized — Village charters amended and repealed — Beetown — Incoi-poration of 
 "Du Lac Academy;" "Sinsinawa Mound College ; " "Wisconsin Medical College," at 
 Milwaukee — Blihvaukee & Waukesha R. R. Co.; supplementary act — Sixteen plank 
 
 or turnpike roads incorporated — Nvnnerous Territorial roads — Five ferry charters 
 
 Eleven acts were passed authorizing the erection of dams on navigable rivers — " Wis- 
 consin Iron Co.," iacorporated — Lumber inspector for St. Croix count}' — Territorial 
 Printer and Superintendent — Legislature adjourns sine die — Territory of Wis- 
 consin' becomes only a memory. 
 
22 TABLE OF CONTENTS. 
 
 CHAPTER XXX. 
 
 MILWAUKEE AND ROCK RIVER CANAL. 
 Early navigation of Rocij River — Public atteution directed to canal in 1836 — Petition for 
 canal charter in 1833; no action — Survey in 1837— Charter of Canal Co., January 5, 
 183S — Provisions of the act — Co. authorized to apply to Congress for aid — Co. 
 organized Febi-uary 3, 1838 — Co. memorialize Congress for grant of land — Engineer 
 submits estimate of cost — Byron Kilbourn appointed agent to go to Washington, and 
 goes — Memorial presented in Senate — Favorable report and biU — Bill passed Senate 
 June 1, excluding preemptions — Referred in House — Passed House with amendments 
 which were concurred in by Senate — Bill became a law June 18th — Kilbourn presents 
 bill to Legislature at session of 1838, which Canal Co. wished passed— It authorized 
 the Territoiy to borrow §500,000 — Provided for Terrixorial oflices, for the appraisal and 
 sale of the granted lands — Bill introduced in Council on 15th of December — Adjourn- 
 ment to 21st of January — Popular hostility to canal- — Another bill introduced in 
 Council on 25th of January, which became a law on the 26th of February, 1839 — It 
 authorized loan of only .$50,000 — Change in Territorial officers and their duties — 
 Other provisions unsatisfactoiy to Canal Co. — Officers appointed by governor — Final 
 location of canal 6th May — Plats of location sent to Commissioner Greneral Land 
 Office, and lands designated; 139,191 acres — Session of Legislature 1839 — Report of 
 canal commissioners — Land sales — Settlers protected — Bonds for $50,000 had been 
 executed, agent appointed to sell them, who reported that he could not — Even num- 
 bered sections and preemption — Canal Co. present memorial, which complains of act of 
 last session — Salaries too high — Resolutions of inquiry adopted — Kilbourn's reply — 
 Resolution of inquiry by the House and response — Resolution of Council that president 
 of company present plans and estimates of cost of canal — They are submitted — 
 Proceedings in House — Report of committee — Bill to abandon construction of canal 
 
 — Amendments adopted providing an opposite policy — Concurred in and became a 
 law — Compensation of officers reduced — To be elected by Legislature — Canal fund 
 to be used for constructing canal, if no loan is made by September — Kilbourn ap- 
 pointed loan agent — Mr. Higginbotham's proposition — Declined by the Governor — 
 Special session of Legislature in August, 1840 — Nothing done about canal — No loan in 
 1840 — Legislature meet December 7, 1840 — Report of canal company and of canal 
 commissioners — Referred to a committee — Bill reported — Becomes a law February 
 12th — Substitutes wooden locks for stone; authorized bonds for $100,000, and 7 per 
 cent, interest; proceeds to be deposited in any sound specie paying banks, selected by 
 commissioners and Governor, subject to draft of receiver — Old bonds to be recalled — 
 Kilbourn reappointed loan agent May, 1841 — James D. Doty appointed Governor vice 
 Dodge, removed --Doty revokes Kilbourn's authority SeiDtember 1, 1841 — On 22d of 
 June Kilbourn negotiated loan for $31,000 at Cincinnati — On the 4th of August 
 he negotiated a loan for $5,000 in New York — On 14th August he negotiated 
 another loan for $15,000 at Oneida, N. Y. — On 26th August he negotiated another loan 
 for $5,000 at Albany, N. Y. — The loans, except $1,000, were not sanctioned by the 
 Receiver for the reasons assigned that they were not authorized by the law or the 
 authority of the loan agent — Legislature met December, 1841 — Gov. Doty in his 
 message says canal is impracticable and work ought not to be continued — Message 
 and report of loan agent referred to committee in council — Committee report resolu- 
 tions which passed both Houses; approved by Governor February 18, 1842 — They 
 declare 55 of the bonds negotiated to be null and void — And that the other 44 are null 
 and void — Vote upon the resolutions — One bond was paid and all the others but ten 
 afterwards returned and canceled — Work on the canal stopped — February 1.5, 1848, 
 Gov. Dodge recommends rescinding the repudiating resolutions — Resolutions were 
 rescinded — At session of 1842 resolutions passed that the Territory ought not further 
 to execute the canal trust— Authority to make loans repealed — Efforts to change the 
 grant from canal to railroad — Payment for canal lands indefinitely postponed in 1844 
 
 — In 1845 all unsold canal lands to be offered for sale at $1.25 per acre, and lands 
 previously sold to be paid for at same rate — Report of Register and Receiver in 1816 
 
 — Canal fund diverted to Territorial treasury — Report of Register and Receiver in 
 
 1847 — Appropriation to John Anderson in 1847 — Report of Register and Receiver in 
 
 1848 — Payment of interest on repudiated bonds — Refunding excess to purchasers of! 
 canal lands — Duties of Register and Receiver transferred to Secretary of State and 
 State Treasurer — Unsold canal lands made part of the 500,000 acre grant — Unsettled 
 canal matters left a legacy to the State of Wisconsin. 
 
HISTORY 
 
 OF THE 
 
 TERRITORY OF WISCONSIN, 
 
 CHAPTER I. 
 
 EARLY EXPLORATIONS OF " FLORIDA " AND " LOUISIANA." 
 
 The historical compilation made by General William R. 
 Smith, and published in 1854 by authority of the Legislature, 
 and now out of print, presents an elaborate review of the 
 early history of Wisconsin, previously to 183G, and as intim- 
 ately connected with it, a retrospective view of the explora- 
 tions of the whole valley of the Mississippi river. 
 
 An epitome of this historical retrospect of these early 
 explorations will be given, consisting chiefly of extracts 
 from that valuable work, sustaining as they do, a relation 
 to the more modern history of the Territory, no less intimate 
 than interesting. 
 
 The southern coast of the North American continent, 
 near St. Augustine, Florida, was discovered on Easter 
 Sunday, 1512, by Juan Ponce de Leon, a companion of 
 Columbus. He named the new found country Pascua 
 Florida. The Spaniards of early times designated all of 
 North America, from the Gulf of Mexico to the great lakes, 
 by the name of Florida, and under that name claimed the 
 whole sea-coast as far as Newfoundland. Ponce de Leon 
 was appointed Governor of the country, and in 15^,1 was 
 killed by the natives. 
 
 In 151 G Diego Miruelo sailed for Havana and landed at 
 some point in Florida, which he has not distinctly described. 
 
 Ten years later Pamphilo de Narvaez obtained permis- 
 sion from Spain to prosecute discoveries and make further 
 conquest of Florida. In 1528, he, with three hundred men 
 (of whom eighty were mounted), landed near Appalachee 
 
24 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 Bay. In a fruitless search for gold they wandered over the 
 lands lying north of the Gulf for six months, when they 
 again sought the gulf coast, where they desperately em- 
 barked in rude boats which they had manufactured, and 
 finally perished in a storm. 
 
 The chivalric and romantic adventures of Ferdinand de 
 Soto are so familiar to every American, that only the brief- 
 est possible reference to them is demanded: 
 
 In May, 1539, De Soto, having participated with Pizarro 
 in the conquest of Peru, and having obtained leave from 
 the Spanish king to conquer Florida, accompanied by a well 
 armed and brilliant band of six hundred men, with between 
 tAvo and three hundred horses, landed in the bay of Spiritu 
 Santo, or Tampa Bay, eager to prosecute his contemplated 
 enterprise, and filled with hope and spirit of adventure. 
 
 Nearly two years were spent by De Soto and his band of 
 adventurous followers, during which they climbed the 
 mountains of Georgia, captured the town of Mavila or 
 Mobile, passed the winter (1540-1) near the Yazoo, and 
 finally on the first of April, 1541, reached the Mississippi 
 Piver not far from the 35th parallel of latitude. After 
 spending months in explorations west of the Great River, 
 and spending the third winter of their wanderings on the 
 Washita, they descended this river to its junction with the 
 Mississippi, where, in May, 1542, De Soto died of a malignant 
 fever. His body was wrapped in a mantle, and sunk in the 
 middle of the stream. The discoverer of the Father of 
 Waters, the most remarkable of all his discoveries; he slept 
 beneath its turbid current, and one-half of his six hundred 
 followers had left their bones among the mountains and in 
 the morasses of the south, from Georgia to Arkansas. 
 
 A desire of conquest and a greed for gold were the incen- 
 tives of all these adventurers. More than a century later, 
 the missionary spirit of religion led to numerous explorations 
 of the Mississippi valley by the route of the great lakes. 
 Champlain had discovered the lake which bears his name 
 more than ten years before the landing of the pilgrims at 
 Plymouth. 
 
 In 16 IC, Le Caron, a Franciscan friar, reached the rivers 
 of Lake Huron. 
 
 In 1027, a charter grant of ISTew France was obtained from 
 Louis XIII. by a number of French merchants, organized 
 by a French nobleman — the Dukede Richlieu — which in- 
 
EARLY EXPLORATIONS. 25 
 
 eluded the whole basin of the St. Lawrence, and of such 
 other rivers as flowed directly into the sea, and also Florida. 
 After the restoration of Quebec in 161)2, by the English, they 
 entered on the government of their province. 
 
 The Jesuits Brebeup and Daniel, followed soon by Lal- 
 LEMAND, in 1G34 penetrated to the heart of the Huron wilder- 
 ness, where soon after two villages, St. Louis and St. Igna- 
 tius, sprung up, and where was raised the first house of the 
 Society of Jesus. 
 
 As early as 1618, M. Nicollet lived with the Indians on 
 the Ottawa river, and two years later, with tribes bordering 
 on Lake Huron. 
 
 It is well authenticated that before 1640, Nicollet pene- 
 trated Wisconsin as far as the Wisconsin river. In the 
 Jesuit relation for 1640 is found this passage written from 
 Quebec to France, by Pere Le Jeuni: 
 
 " M. Nicollet, who has penetrated farthest into these most distant regions, has assured 
 me that if he had pushed on three days longer, on a great river which issues from tlie 
 second lake of the Hurons (Lal^e Michigan), he would have found the sea. Now I strongly 
 suspect this sea is on the north of Mexico, and that thereby we could have an entrance in 
 Japan and China." 
 
 Parkman in his "Jesuits in North America" writes as 
 follows: 
 
 " As early as 1C39, Nicollet ascended the Green Bay of Michigan, and crossed the waters 
 of the Mississippi." 
 
 It is not probable that Nicollet saw the river that is now 
 known as the " Mississippi,"' while it is certain that his visit 
 to the Wisconsin river was in 1634, and not in 1630. A 
 record in the Canadian Archives shows that Nicollet started 
 from Three Rivers on a western voyage in July, 1634. 
 
 It is not improbable that Nicollet may have trod the soil 
 of Wisconsin earlier than 1634, but no reasonable doubt ex- 
 ists of his visiting the Wisconsin tribes in council during 
 that year, where, it is recorded, there were assembled 
 
 "Four thousand warriors, who feasted on six score of beavers. lie appeared before 
 them in a robe of state, adorned with figures of flowers and birds. Approaching with a 
 pistol in each hand, he fired both at once. The astonished natives hence styled him 
 'Thunder Beaver.'" 
 
 In 1641, the fathers Raymbault and Jogues, the first 
 envoys from Christendom, met at the Falls of St. Mary 
 two thousand Indians who had assembled to receive them. 
 
 As early as 1652, Father Jean Dequerre, Jesuit, went from 
 Sault St. Marie to the Illinois and established a flourishing 
 mission, probably that of "St. Louis," where Peoria is now 
 
■ 26 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 situated. He visited various Indian tribes and was killed 
 in 1661, in the midst of his apostolic labors. 
 
 In 1654, twp fur traders joined a band of Ottowas and 
 made a western voyage of five hundred leagues. In two j 
 
 years they returned, accompanied with fifty canoes and two 
 hundred and fifty men. 
 
 The traders visited Green Bay, and two of them passed 
 the winter of 1659 on the banks of Lake Superior. 
 
 In 1657, Father Jean Chakles Drocoux, Jesuit, went to 
 Illinois, and returned to Quebec the same year. 
 
 In the autumn of 1660, Pere Rene Mesnard, having been 
 chosen by the bishops of Quebec to visit Lake Superior and 
 Green Baj^, reached Keweena, and the next year having 
 wandered in the forest, was never more seen. 
 
 In 1665, Pere Claude Allouez embarked on a mission to 
 the far west. He reached the falls of St. Mary in Septem- 
 ber, and from thence went to the great village of the Chip- 
 pew as at Chegoiemegon. Here a grand inter-tribal council 
 was held. There were present the Potowatamies from Lake 
 Michigan; the Sacs and Foxes from the west; the Hurons 
 from north of Lake Superior; the Sioux from the headwaters 
 of the Mississippi, as well also as the Illinois, whose enticing 
 description of the noble river flowing to the south, on which 
 they dwelt, and their vast prairies replete with buffalo and 
 deer, created a desire to explore their country, which was 
 not long to remain ungratified. 
 
 In 1667, Allouez returned to Quebec, and in 1668, Claude 
 Dablon and James Marquette returned to the Sault, where 
 they established the mission of St. Mary's, the oldest Euro- 
 pean settlement within the bounds of the state of Michigan. 
 
 In 1669, Nicholas Perrot was despatched to the west as 
 the agent of the Intendant Talon, to prepare a congress of 
 the Indian nations at St. Mary's. Perrot visited Green Bay, 
 and from there was escorted by the Potowatamies, to the 
 Miamis at Chicago, being the pioneer of European explor- 
 ers to the southern part of Lake Michigan. 
 
 There is reason to suppose that about the same time, 
 Robert Cavelier de La Salle reached the Ohio river by 
 way of Lake Erie, and descended it as far as the rapids at 
 Louisville. 
 
 In 1669, Allouez made an excursion to Green Bay, and 
 up the Fox river as far as the town of the Mascoutins, and 
 in the autumn of 1670, having been joined by Dablon, the 
 
EARLY EXPLORATIONS. 27 
 
 two fathers again visited Green Bay, and established there 
 the mission of St. Francois Xavier. 
 
 The great congress of the Indian nations was held at 
 St. Mary's, in May, 1G71. The cross was raised and by its 
 side a column was planted and marked with the lilies of 
 the Bourbons and it was formally announced to the natives 
 that they were placed under the protection of the French 
 king. 
 
 The cross was born by Allouez and Dablon through 
 eastern Wisconsin and the north of Illinois, among the 
 Mascoutins and the Kickapoos on the Milwaukee, and the 
 Miamis at the head of Lake Michigan, as well as the Foxes 
 on the river which bears their name, and which, in their 
 language, was the Wau-ke-sha. 
 
 In 1G73, Marquette, with the Sieur Joliet, explored the 
 Fox and Wisconsin rivers, and descended the Mississippi 
 below the entrance of the Arkansas, and then returning, 
 ascended the Illinois and making a portage to the Chicago 
 river, descended it to Lake Michigan, and returned by that 
 Lake to Green Bay. They left Sault St. Mary, May, 13. 
 They arrived safely at Green Bay and thence went up Fox 
 river to the town of the Mascoutins, which was three 
 leagues from the " portage " and was probably near the 
 head of Buffalo lake. On June 10, they left this Indian 
 town and embarked upon the Wisconsin, then called Mas- 
 cousin. In seven days, they reached the Mississippi by the 
 route of the great highway of nature, which the Fox and 
 Wisconsin rivers furnished, and which Nicollet had par- 
 tially explored thirty-nine years before. The voyagers, 
 having descended the Mississippi river to the Indian village 
 of Akansea, near the latitude of 33 degrees, on the 17th of 
 July, commenced their return voyage. In passing up the 
 Illinois, Marquette was entreated by the tribe of that 
 name to come and reside among them. One of their chiefs, 
 with their young men, conducted the voyagers to the Chi- 
 cago river and Lake Michigan, and before the end of 
 September they were safe in Green Bay. 
 
 Joliet returned to Quebec, and Marquette remained. 
 He spent the winter and the following summer at the mis- 
 sion of Green Bay, suffering from sickness. In October, 
 1G74, he left Green Bay, intent upon establishing a mission 
 on the Illinois river. In November he reached the Chicago 
 river. His malady had returned upon him and he was com- 
 
28 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 pelled to spend the winter on its banks, about two leagues 
 from its mouth, where his companions built a log hut. 
 
 On the 30th of March, 1G75, Marquette was able to re- 
 sume his journey, and making the portage to the Des 
 Plaines, he descended the Illinois river until he came to an 
 Indian town, which he called Kaskaskia, which is on the 
 right bank of the Illinois about midway between the pres- 
 ent towns of Ottawa and La Salle. Here he met several 
 thousand Indians and harrangued them on the mysteries of 
 the Faith. They begged him to stay among them, but his 
 life was fast ebbing away, and it behooved him to depart. 
 He returned to Chicago, and while sailing thence along the 
 eastern shore of Lake Michigan, on the 19th of May, they 
 entered a small stream, which bears the name of Mar- 
 quette, and he breathed his last upon its banks, and was 
 buried in the sand. The next year his relics were borne to 
 the Chapel of St. Ignace, of Michilimacina, and buried 
 beneath its floor. 
 
 The SiEUR La Salle was born at Rouen, 1643, of good 
 family. In 1666, he sailed for Canada. The Jesuits of St. 
 Sulpice had a settlement at Montreal and control of all the 
 land in that vicinity. From them he obtained a grant at 
 La Chene, nine miles above Montreal, and engaged in the 
 fur trade. In 1675, La Salle obtained from the king the 
 rank of nobility and the concession of a large domain at the 
 outlet of Lake Ontario, and the exfJusive traffic with the 
 Five Nations. Here he erected a fort, which he named 
 Frontenac, where is now the city of Kingston. 
 
 In 1679, with Tonti as his lieutenant, the Franciscan 
 Hennepin and a party of mechanics and traders, he con- 
 structed a vessel of sixty tons on the upper Niagara river, 
 which he called the Griffin. On the 7th of August the sails 
 of the Griffin were spread to the breezes of Lake Erie; and 
 planting a trading post at Mackinaw, he cast anchor in 
 Green Bay early in September. 
 
 Having dispatched the Griffin to Niagara river richly 
 laden with furs, he, with his company, made their way in 
 bark canoes to the head of Lake Michigan, and at the 
 mouth of the St. Joseph river constructed the trading house 
 with palisades, known as the Fort of the Miamis. 
 
 In December, La Salle with Tonti, Hennepin, and two 
 other Franciscans and about thirty other followers, as- 
 cended the St. Joseph, as far as the present town of South 
 
EARLY EXPLORATIONS. 29 
 
 Bend, and by a short portage^ entered the Kankakee and 
 descended to the site of tlie Indian village below Ottowa, 
 which Marquette had left nearly five years'before. The 
 tribe was absent, passing the winter in the chase. He con- 
 tinued on to the site of the present city of Peoria,, where he 
 found many Indians, with whom he remained a few days. 
 About the middle of January (1680) he moved with his party 
 a short distance down the river, where he planned and 
 began to build a fort on the left bank, which he called 
 Crevecceur — broken heart. 
 
 In the month of March, he set off on foot with three com- 
 panions for Fort Frontenac, where he arrived May Gth. He 
 embarked again from Fort Frontenac August 10, with large 
 supplies of men and stores for rigging a brigantine. His 
 route was by Lake Simcoe and the Georgian Bay. On the 
 4th of November he reached the ruined fort at the mouth of 
 the St. Joseph, and in a few days, by the route he had taken 
 about a year before, he again reached the post in Illinois, 
 which was now deserted. Hence came the delay of 
 another year, which after exploring the Illinois river to its 
 mouth, was occupied in visiting Green Bay, and conducting 
 traffic there; in finding To:^;TI, who had been driven from 
 Crevecoeur — and his men, and perfecting a capacious barge 
 with which to explore the Mississippi. 
 
 On the 28th of February 1G80, Hennepin with his two 
 companions, Accau and DuGay, set out by direction of La- 
 Salle to explore the upper Mississippi. Hennepin left the 
 mouth of the Illinois on the 12th of March. He ascended the 
 Mississippi, and after passing the mouth of the Wisconsin, 
 and below Lake Pepin, the voyagers, on the 12th of April, 
 were made prisoners by the Siouxs. They w^ere taken in 
 their canoes as far a,s the present site of St. Paul, where their 
 captors took them across the country to their villages near 
 Lake Buade, now called Mille Lacs. After remaining pris- 
 oners at the Indian village about two months, the Indians 
 set out in a body on a buffalo hunt, taking their captives 
 with them. They descended Rum river which forms the 
 outlet of Mille Lac. At the mouth of Rum river, Hennepin 
 and Du Gay were liberated, and furnished a small canoe, 
 an earthen pot, a gun, a knife and a robe of beaver skin. 
 Thus equipped, they began their journey, and soon beheld 
 for the first time the Falls of St. Anthony. They descended 
 the great river as far as the mouth of the Chippewa, and 
 
30 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 being in danger of starvation, they ascended that stream 
 and joined a large body of Sioux hunters. They soon after 
 met Daniel' Greysolon Du Lhut, a cousin of Tonti, with 
 four well-armed Frenchmen. When Hennepin met Du- 
 Lhut, the latter had been about two years in the wilderness. 
 He had left Quebec in September, 1678. In 1679, he visited 
 several of the Sioux villages. In June, 1680, he, with the 
 four Frenchmen and an Indian, set out from the head of 
 Lake Superior and reached the Mississippi river by the 
 route of the Brule and the St. Croix. Hennepin and Du Gay 
 returned with Du Lhut and his companions to Mille Lac. 
 The Indians had become more friendly, and when in the 
 autumn the travelers proposed to go home, the Sioux did 
 not oppose their departure, and they set out together — eight 
 white men in all, well equipped for supplying themselves 
 with game. 
 
 After various adventures, the party reached the Jesuit 
 mission at Green Bay, by the route of the Wisconsin and 
 Fox Rivers, and soon after reached Mackinaw, where they 
 spent the winter. The following spring Hennepin descended 
 the lakes and their connecting rivers to Fort Frontenac and 
 thence to Montreal, and soon after went to Europe, and died 
 in obscurity. 
 
 In May, 1681, La Salle set out in canoes from Fort 
 Miami and soon reached Mackinaw, where he found Tontl 
 The two embarked for Frontenac, and returned late in the 
 autumn to Fort Miami. In December, they went in canoes 
 to the Chicago river, and placing their canoes on sledges, 
 dragged them to the open water of the Illinois river below 
 Lake Peoria, upon which the party soon embarked and on 
 the 6th of February (1682), they issued forth on the majestic 
 bosom of the Mississippi. They reached the mouth of the 
 river in about two months, and La Salle erected a column 
 and a cross bearing the arms of France, and inscribed upon 
 it the words, " Louis the Great, king of France and JSTavarre, 
 reigning April 9, 1682;'' and formally taking possession for 
 France of all the country watered by the Mississippi, he 
 named it Louisiana. He ascended the river and the Illinois, 
 and in May, 1683, returned to Quebec to embark for France. 
 
 The disastrous attempt of La Salle during the next three 
 or four years to colonize " Louisiana," in which he sailed 
 from France with four vessels, bearing two hundred and 
 eighty persons, and missing the mouth of the Mississippi 
 
EARLY EXPLORATIONS. 31 
 
 landed at Matagorda Bay, and in which this daring adven- 
 turer was assassinated by three of his own men on the 2Cth 
 of March, 1G87, in a branch of the Trinity river, need not be 
 detailed. It is, however, to him that must mainly be 
 ascribed the discovery of the vast regions of the Mississippi 
 valley and the subsequent occupation and settlement of 
 them by the French. 
 
 In June, 1689, France declared war against England, in 
 which the American colonies of two kingdoms were so 
 involved that no further settlements in Louisiana were at- 
 tempted until after the peace of Ryswick in September, 1697. 
 
 In 1689, Green Bay contained a fort, chapel and mission- 
 ary house, which were situated among the villages of the 
 Sacs, Potawatamies and Menomonies. 
 
 In October, 1689, two vessels under the command respect- 
 ively of M. D'Iberville and the Marquis Chateaumorand, 
 sailed from France for the mouth of the Great River. They 
 touched at Pensacola in January, 1699, and passing Mobile 
 Bay, landed on Dauphin Island. Iberville with more than 
 fifty men, departed in barges, entered the Mississippi on the 
 2d of March, which he ascended for some distance, when he 
 returned to the Bay of Biloxi. Here they built a fort, three 
 leagues west of the Pensacola river, and leaving his broth- 
 ers De Bienville and Sanvole in command, the explorers 
 returned to France. 
 
 In December, 1699, Iberville returned from Europe with 
 two armed vessels and several officers for garrisons, accom- 
 panied by M. Le Sueur and thirty workmen. In April, 
 1700, Le Sueur led a company to explore the river for 
 minerals. They ascended to the St. Peters, and up that 
 river to the mouth of the Blue Earth, where they spent the 
 winter and returned in the spring to Biloxi. 
 
 In the month of June, 1701, De la Motte Cadillac, with 
 a Jesuit missionary and one hundred Frenchmen was sent 
 to take possession of Detroit. In 1712, the Outagamies or 
 Foxes attempted the destruction of the fort. They were 
 repulsed and compelled to surrender at discretion. 
 
 The oldest permanent European settlement in the valley 
 of the Mississippi is Kaskaskia, the seat of a Jesuit mission. 
 Father Gravier w^as its founder, but the exact date of its 
 origin is uncertain. Land titles were issued for purposes of 
 settlement and cultivation. The date of the earliest one on 
 record being May 10, 1722, signed " Boisbriant." 
 
32 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 England, by the peace of Utrecht in April, 1713, obtained 
 from France large but not well defined concessions of terri- 
 tory in America. 
 
 As early as 1730, a lucrative trade had sprung up between 
 the Illinois country and the province of Lower Louisiana. 
 In that year, Monseur Boisbriant, the commandant on the 
 Illinois, removed his headquarters to the bank of the Mis- 
 sissippi, twenty-five miles below the village of Kaskaskia, 
 where Fort Charters was built. Its walls were of strong 
 masonry, but within a hundred years were overgrown with 
 almost impenetrable vines and forest trees. 
 
 Soon after the construction of Fort Charters, the villages 
 of Cahokia, Prairie de Rocher and some others sprung into 
 note in its vicinity. All the settlements continued to ex- 
 tend and multiply. In 1721, the Jesuits had established a 
 monastery and college in Kaskaskia, and four years later, 
 the village became a chartered town. During the first 
 twelve years of the eighteenth century, not less than 
 twenty-five hundred settlers had been introduced in " Louis- 
 iana," and in 1717, the number of inhabitants was not more 
 than seven hundred, including persons of every age, sex 
 and color. 
 
 In 1711, the government of Louisiana, comprising all the 
 "Illinois country," was placed in the hands of a governor-gen- 
 eral — DiRAU d' Artaguette — with headquarters at the site 
 of the present city of Mobile, where a new fort was erected. 
 " Louisiana " was at this time held by France to embrace 
 the whole valley of the Mississippi and all its tributaries, 
 and to extend north to the great lakes, and the waters of 
 Hudson's Bay, and, of course, included all of the present 
 state of Wisconsin. 
 
 In August, 1718, eight hundred emigrants for Louisiana, 
 attracted by visions of wealth to result from the " Missis- 
 sippi Scheme " of John Law, landed at Dauphine Island, 
 and inade their way to lands that had been ceded them, and 
 which had been selected by Bienville, where is now the 
 city of New Orleans. 
 
 In 1719, Philippe Francis Renault, " Director General 
 of the mines of Louisiana," arrived in the Illinois country 
 with two hundred miners and artificers. They made fruit- 
 less explorations for mines as far as the sources of the St. 
 Peters, the Arkansas, the tributaries of the Missouri and 
 even to the Rocky Mountains. 
 
WARS WITPI FOX INDIANS. 33- 
 
 CHAPTER II. 
 
 WARS WITH FOX INDIANS. 
 
 The ability of the Outagamies to annoy the French and 
 to war with their savage enemies, was materially affected 
 by their futile attempt to destroy Detroit in 1712, and by 
 the desperate fight which ensued near Lake St. Clair; yet 
 their failure only added fresh and implacable inspiration to 
 the savage spirit of hate and revenge which prompted them 
 to resort to another locality for its gratification. 
 
 They collected their dispersed bands on the Fox river, 
 where they robbed and butchered all travelers on this great 
 highway of nature from the lakes to the Mississippi. The 
 Sauks were their old and natural allies, and the Sioux 
 were induced to openly join them, while many of the 
 Iroquois were allied to them clandestinely. Indeed, the 
 danger of a general alliance among the savages against 
 the whites appeared threatening. 
 
 This threatened danger induced the French governor of 
 Canada to propose a union of the friendly tribes with the 
 French, in a war of extermination against the common 
 enemy, to which these tribes readily consented. A party of 
 French was raised, and the command of the expedition was 
 wisely confided to the brave, energetic and discreet De 
 LouviGNY, the king's lieutenant at Quebec. 
 
 De LouviGNY and his command left Quebec on the 14th 
 of March, 1716, and was joined on his route by a number of 
 savages, so that his force amounted to eight hundred men, 
 resolved upon the total destruction of the Fox nation. He 
 returned to Quebec on the 13th of October, and ihe next day 
 gave to the council the following account of his expedition: 
 
 "After three days of open trenches, sustained by a continuous fli-e of fusileers with two 
 pieces of cannon and a grenade mortar, tliey were reduced to ask for peace, notwithstand- 
 ing they had five hundred wari-iors in tlie fort who fired briskly, and more than three 
 thousand women; they also expected shortly a reinforcement of three hundred men. But 
 the promptitude with which the oflfieers, who were in this action, pushed forward the 
 trenches that I had opened at only seventy yards from their fort, made the enemy fear the 
 third night that they would be taken. As I was onlj- twenty -four yards from their fort, my 
 design was to reach the triple oak stakes by a ditch of a foot and a half in the rear. Per- 
 ceiving very well that my balls had not the effect I anticipated, I decided to take the place 
 at the first onset, and to explode two mines under their curtains. The boxes being prop- 
 erly placed for the purpose, I did not listen to the enemie's first proposition; but they 
 3 
 
34 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 having made a second one, I submitted it to my allies who consented to it on the following 
 conditions: That the Foxes and their allies would make peace with all the Indians who are 
 submissive to the king, and with whom the French are engaged in trade and commerce, 
 and that they would return to me all the French prisoners that they have, and those 
 captured during the war from our allies. This was complied with immediately. That they 
 would take slaves from distant natives and deliver them to our allies, to replace their dead; 
 that they should hunt to pay tlie expenses of this war, and as a surety of the keeping of 
 their word, they should deliver me six chiefs or children of chiefs, to take with me to 
 M. La Marquis de Vaudreuil as hostages, until the entire execution of our treaty, which 
 they did. and I took them with me to Quebec. Besides I have re- united the othernations, at 
 variance among themselves, and have left that country enjoying universal peace." 
 
 The scene of De Louvigny's engagement was at the 
 Little Butte des Morts, some thirty-seven miles above Green 
 
 Bay. 
 
 In 1725, De Louvigny, having gone to France, was there 
 appointed governor of Three Rivers, and on his return the 
 same year, lost his life by shipwreck near Louisburg on the 
 night of August 27. 
 
 GoY. Vaudreuil, in a letter to the council, dated October 
 30, 1716, speaking of "the manner in which the Sieur De 
 LouYiGNY put an end to the war with the Foxes," says of 
 him : 
 
 " He has always 5erved his coimtry with niTich distinction; but in his expedition against 
 the Foxes, he signahzed himself still more by his valor, his capacity and his conduct, in 
 which he displayed a great deal of prudence. He made the war short, but the peace which 
 results from it will not be of short duration." 
 
 The name, services and memory of the distinguished 
 leader of this formidable military expedition into the very 
 heart of Wisconsin, are necessarily and inseparably associ- 
 ated with its primitive history. 
 
 The confident belief of Vaudreuil, that the expedition 
 had "' put an end to the war," and that the peace would " not 
 be of short duration," soon proved to be without warrant. 
 
 The Foxes, whom Bancroft characterizes as " a nation 
 passionate and untamable, springing up into new life from 
 every defeat, and though reduced in the number of their 
 warriors, yet present everywhere, by their ferocious enter- 
 prise and savage daring," failed to send deputies to the 
 governor general. He flattered himself for a longtime that 
 they would keep their plighted faith; but he was only 
 taught by the renewal of hostilities that an enemy driven 
 to a certain point, is always irreconcilable. During the 
 twelve years that followed De Louyigny's expedition, all 
 the peaceable efforts of the French to restrain the hostile 
 conduct of the Foxes were unavailing. 
 
WARS WITH FOX INDIANS. 35 
 
 In 1728, the governor of Canada sent a force of four hun- 
 dred French troops, and eight or nine hundred Indians, 
 principally Iroquois, Hurons, Nepissings and Ottawas, under 
 the command of Sieur March and De Lignery, who, it is 
 probable, had served under De Louvigny in his expedition 
 against the Foxes in 1716, and who was now commissioned 
 to go and destroy the Fox nations. 
 
 De Lignery had previously, on the 7th of June, 172G, held 
 a council at Green Bay with the Foxes, Sauks and Win- 
 nebagoes in the presence of Monsieurs D'Amariton, Cligan- 
 COURT and Rev. Father Chardon, in which the chiefs of the 
 three nations all gave their words that they would maintain 
 peace. But these treacherous and lying savages paid no 
 regard to their plighted faith, and continued their robberies 
 and butcheries as they had done before. 
 
 The troops commanded by De Lignery commenced their 
 march on the 5th of June, 1738, and taking the route of the 
 Ottawa river and Lakes Nipissing and Huron, arrived at 
 the fort at the mouth of Fox river on the night of the 17th 
 of August. Father Crespel, who accompanied the expedi- 
 tion as almoner of the four hundred Frenchmen, and who 
 wrote an account of it, says: 
 
 " Notwithstanding the precautious that had been taken to conceal our arrival, the sav- 
 ages had received information of it, and all had escaped with the exception of four. These 
 were presented to our savages who, after having diverted themselves with them, shot them 
 to death with their arrows." 
 
 The expedition continued up the Fox river as far as the por- 
 tage of the Wisconsin; but none of the enemy could be found, 
 except two women, a girl and an old man, who were killed 
 and burned by the savages. De Lignery learned that the 
 Foxes had fled four days before; that tlie old men, women 
 and children had embarked in canoes, and the warriors had 
 gone by land. He urged liis Indian allies to follow in pur- 
 suit; but only a portion would consent, the others saying the 
 enemy had gone so far that any attempt to catch up with 
 them would be useless. 
 
 The French had nothing but Indian corn to eat, the season 
 was far advanced, and they had a distance of four hundred 
 leagues to return, so that the safety of half the army was 
 endangered by fvu'ther pursuit. It was, therefore, decided 
 to burn the Fox villages, their forts and huts, and destroy 
 all that could be found in their fields — corn, peas, beans and 
 gourds, of which they had an abundance. Messrs. Beau- 
 
36 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 HARNOis and De Argemait, from whose letter to the French 
 Minister of War of September 1, 1728, the foregoing facts are 
 taken, add: 
 
 " It is certain that half of these natives, who number four thousand souls, will die with 
 hunger, and that they will come in and ask mercy." 
 
 The want of success in this expedition of De Lignery 
 was severely criticised by the local authorities of Canada, 
 although he does not appear to have lost the confidence of 
 the French government, which he continued to serve in 
 various commands until 1759, when he led a force of 850 
 French and 350 Indians to the relief of Fort Niagara, where 
 the party was defeated, and he was wounded and taken 
 prisoner, after which no further mention is made of him. 
 
 Subsequently, probably in the autumn of 1729, a party of 
 over two hundred Indians — Ottawas^ Chippewas, Menomo - 
 nees and Winnebagoes — fell on a party of the Foxes, con- 
 sisting of eighty men and three hundred women and 
 children, who were returning from a buffalo hunt. The 
 party was surprised, and all of the men except three, and 
 all the women and children, were killed and burned, and 
 twenty flat boats were destroyed. 
 
 The Sieur Perriere Marin was a native of France of 
 decided and energetic character, and was a prominent 
 trader among the Sauks, and the Indians on the Mississippi. 
 He had a place of deposit for goods and peltries on the left 
 bank of the Mississippi, a short distance below the mouth of 
 the Wisconsin, near what is now called Wyalusing, then 
 called Fort Marin, and another near Mackinaw known by 
 the same designation. Between these two places, Marin 
 found it necessary to conduct an extensive traffic on the 
 highways of the Fox and Wisconsin rivers; and his boats 
 heavily laden with valuable cargoes were obliged often- 
 times to pass the village and fort of the Foxes on the bank 
 of the Fox river at the Little Butte des Morts, and as often 
 to submit to the forced exactions of the Foxes, in the form 
 of tribute. 
 
 He was probably in command of the fort of the FoUes 
 Avoine or Menomonees in 1730, and it is certain that he had 
 great influence with the French and the, Indians who were 
 hostile to the Foxes. 
 
 These repeated piratical levies determined Marin to drive 
 the marauding savages from their position. The traditional 
 and other accounts of his valiant exploits leave some doubt 
 
WARS WITH FOX INDIANS. 37 
 
 about the exact date of his first attack, but it was probably 
 as early in the year 1730 as the breaking up of the ice would 
 admit of the passage of boats up the river. 
 
 Marin raised a volunteer force at Mackinaw, which was 
 increased at Green Bay by the friendly Indians. All were 
 embarked in boats, each having a full complement of men 
 well armed, and an oil-cloth or tarpaulin large enough to 
 cover the whole boat and conceal the men, such as was 
 generally used to protect traders' goods from the effects of 
 the weather. Near the Grand Chute, some three miles 
 below, but not within view of the Little Butte des Morts, 
 the party was divided, one portion going by land to the rear 
 of the village to aid and support the attack, which was to 
 be made in front by the others from the boats. The men in 
 the boats, with their guns ready for use, Avere concealed by 
 the coverings, and only two men to row each boat were in 
 view, thus presenting the appearance of a trader's fleet. 
 
 When the Foxes discovered the approach of the boats, 
 they placed out their torch, and posted themselves thickly 
 along the bank, and awaited the landing of the boats and 
 the payment of the customary exactions. 
 
 The boats having approached near enough for an effective 
 attack, the tarpaulins were suddenly thrown off, and a 
 deadly volley from the musketry of the soldiers, and the dis- 
 charge from a swivel gun loaded with grape and canister 
 shot, scattered death and dismay among the unsuspecting 
 savages, to whom the number of their enemies seemed treble 
 the reality. They fled precipitately to their village to pre- 
 pare for defense, pursued by the troops. Here another horror 
 confronted them. A Menomonee warrior had stealthily 
 entered the village and set on fire the frail bark dwellings 
 on the windward side, which were soon wrapped in a sheet 
 of flame. The Foxes in vain sought safety in the forest; 
 but were met by the party which had flanked their retreat, 
 and they found themselves placed between two hostile fires. 
 Then burst forth one heart-rending, agonized shriek, and the 
 devoted band of free-booting Indians prepared to defend 
 themselves with a courage born of despair. Ball and bay- 
 onet now began their bloody work, and the tomahawk and 
 scalping knife were active participants in the terrible work 
 of death. No quarter was asked, and none was given. The 
 time occupied by this bloody tragedy was not long; but in 
 its strategy, surprise and sanguinary execution it probably 
 
38 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 has no parallel in the annals of Indian warfare. Most of the 
 Foxes were killed or taken prisoners, but a few escaped up 
 the river, and others were absent at the time of the engage- 
 ment 
 
 The same season the remnant of this savage tribe, having 
 been driven from their village at the Little Butte des Morts, 
 took post about three miles above the Great Butte des Morts, 
 on the southern or opposite side ofthe river. 
 
 From the letter of the Marquis De Beauharnois to the 
 French Minister, dated June 25, 1730, it not only appears 
 that the Sieur Marin had written to the Governor an ac- 
 count "concerning the movement he made last March 
 against the Foxes," but also that he (Marin) was present 
 at a council held at Mackinaw, when the Menomonees and 
 other friendly Indians invited Monsieur Du Buisson, who 
 commanded the post, to place himself at their head and fall 
 upon the nation of Foxes and destroy it entirely; that Du 
 Buisson complied with their request, and that Sieur Marin 
 went with him. The letter states that 
 
 " This officer must have left his post (Mackinaw) the 20th of last May, with six hundred 
 men, among whom are fifty Frenclimen." 
 
 The only account of this expedition which is known to 
 exist is the traditionary one, that a severe battle took place 
 at the Great Butte des Morts and many Foxes were killed, 
 though not so many as at the Little Butte des Morts, and 
 that they were again forced to fly. 
 
 On the 2d of November, 1730, Messrs. Be Beauharnois 
 and HocQUART addressed a letter to the French Minister, in 
 which they say that 
 
 " An affair took place in September under the command of the Sievu- De Villiers, com- 
 manding at the River St. Josephs, to whom were united tlie Sieur De Noyelle, command- 
 ing the Miamis, and the Sieur De St. Ange, father and sou, with the French of that distant 
 colony, together with those of our posts, and all the neighboring Indians our allies (we 
 numbered from twelve to thirteen hundred men) which resulted in the almost total defeat 
 of the Foxes. Two hundred of their warriors have been killed on the spot, or burned after 
 being taken as .slaves, and six hundred women and children were absolutely destroyed." 
 
 They add: 
 
 " This is a brilliant action which sheds great honor on Sieur De Villiers . " 
 
 The surviving Foxes located themselves on the northern 
 bank of the Wisconsin river, about twenty miles above its 
 mouth, and probably not far from the present village of 
 Wauzeka. Marin was unwilling that they should remain 
 here, where they could still obstruct his great thoroughfare, 
 and collecting his tried and trusted band of French and In- 
 
WARS WITH FOX INDIANS. 39 
 
 dians, he made a distant winter expedition against tliem. 
 The Foxes were taken completely by surprise, and surround- 
 ing the place with his followers, Marin came suddenly upon 
 them, killed twenty warriors, and took all the others prison- 
 ers, together with the women and children. Having fully 
 conquered the Foxes, and having the last remnant of them 
 in his power, Marin gave them their freedom, t»ut required 
 them to retire beyond the Mississippi, which they did. 
 
 The Sieur Marin was in command at Green Bay in 1754^ 
 and received repeated evidences of the appreciation of his 
 services by the French government previous to 1759, when 
 he united with De Lignery in the attempt to relieve Fort 
 Niagara, and shared in its defeat, and with him was taken 
 prisoner. The surrender of Canada soon followed, when 
 most likely he retired to the wilds of Wisconsin and resumed 
 his old occupation of a fur trader. 
 
 The date of the final expulsion of the Foxes from Wiscon- 
 sin is involved in some obscurity, but the little light which 
 can now be obtained appears to fix that event in the year 
 of 174G. For thirty years or more the war between the 
 French and the Foxes, with their allies, had been kept up 
 in the heart of Wisconsin with more or less continuity, and 
 with a determination and animosity rarely, if ever equalled. 
 
 No apology can be necessary for the time devoted to the 
 detail of the incidents of this long war, which forms so 
 interesting a portion of Wisconsin's primeval history. 
 
 The Sacs were the allies of the Foxes in this long French 
 and Indian war, and many years later the two tribes 
 became confederated and formed the nation known as the 
 Sac and Fox Indians. 
 
 At the time of the expulsion of the Foxes, the village 
 of the Sacs was on the east side of Fox- river, near the pres- 
 ent site of Green Bay where they had until that time de- 
 meaned themselves well. About that time a difficulty arose 
 between the French and the Sacs, growing out of a demand 
 upon the Sacs to deliver up the few Foxes living among 
 them, and of the delay of the Sacs in complying with it. 
 The result Wiis that Captain De Velie, who had been in com- 
 mand of the garrison at Green Bay, shot three of the Sac 
 chiefs, and that the captain was shot in turn by a young 
 Sac only twelve years old, named Ma-kau-Ta-pe-na-se, or 
 the Black Bird, who subsequently became a distinguished 
 chief among his people. 
 
40 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 The garrison being reinforced and joined by the French 
 settlers under the lead of Charles De Langlade, attacked 
 the Sauk nation at their village, where a severe battle 
 occurred, in which several were killed on both sides, and 
 the Sauks driven away. 
 
 The Sauks now retired to the "Wisconsin river, and located 
 upon that beautiful plateau of table land, upon which the 
 twin villages of Prairie du Sac and Sauk City are located, 
 where they had a fine village with comfortable houses. 
 They were living here in 170G, when Carver visited the 
 country, but must have left soon after, as in 1795, according 
 to the authentic statement of Augustin Grignon, the vil- 
 lage appeared to have been several years deserted, and there 
 were then only a few remains of fire-places and posts to be 
 seen. 
 
 Mr. Edward Tanner, in a paper published in the Detroit 
 Gazette in January, 1819, states that he visited the Sauks 
 on the Mississippi river about four hundred miles above 
 St. Louis, in August, 1818, and that " they emigrated from 
 the Wisconsin about thirty-five years ago, approximately 
 fixing the period of their migration about 1783. 
 
 It seems probable, judging by the dim light to be derived 
 from any authentic history and from tradition, that the 
 Foxes and Sauks having become confederates, wrested f roin 
 the Illinois their possessions, and incorporating the rem- 
 nant which they spared of that numerous tribe, with their 
 own, occupied the territory which had been the home of the 
 Illinois. The principal seat of their power was the country 
 about the mouth of Rock river, from whence in 1831, and 
 more formidably and effectively in 1833, they made those 
 forays upon the pioneer settlers of Illinois and Wisconsin, 
 which resulted in what is generally known as the Black 
 Hawk war. 
 
THE LANGLADE FAMILY. 41 
 
 CHAPTER III. 
 
 THE LANGLADE FAMILY. 
 
 Biography forms no part of the design of this work, except 
 as it tends to present or explain historical facts. But not to 
 give some account of the family that made the first perma- 
 nent settlement in Wisconsin would be an unjustifiable 
 omission. 
 
 The family of the De Langlades was of the nobility of 
 France and had their castle. New France was the great 
 and captivating field of enterprise for the younger nobility 
 of France whose inheritance was limited, and whose ambi- 
 tion for fame or desire for wealth suggested new fields of 
 adventure. Augustin Be Langlade was born in France 
 about 1095. As early as 1720 he was engaged in the Indian 
 trade among the Ottawas, near Mackinaw, and probably had 
 the entire control of the trade at that important point. He 
 was married at Mackinaw, very soon after he came there, to 
 the sister of the head Ottawa chief. King Nis-so-wa-quet, 
 or as the French called him. La Fourche — The Fork, which 
 alliance contributed largely to his influence among that 
 nation. 
 
 Their eldest child was a daughter, born in 1723, named 
 Agate, whose first husband, Souligny, having died, leaving 
 her no child, she married Amable Roy, with whom she lived 
 at Green Bay. where she died at a great age, never having 
 had any children. 
 
 Their second child was born in 1724 at the Ottawa village 
 near Mackinaw, and was a son named Charles, who be- 
 came greatly distinguished. 
 
 There were two younger sons, who fell with Montcalm 
 before Quebec, and whose names have not been preserved; 
 also a daughter, who married a Mr. De Verville, and who 
 had one son named Gautier. 
 
 While living at Mackinaw, Charles Be Langlade had a 
 son, the result of a morganatic marriage with an Ottawa 
 woman. He named this son for himself, recognized and 
 educated him; and he had two sons, one of whom was a 
 lieutenant in the British service, and two daughters, but 
 none of them ever lived in Wisconsin. 
 
 It is very likely that Sieur Augustin Be Langlade ac- 
 
42 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 companied De Lignery's expedition against the Foxes in 
 1728. If he did not, he of course heard the account given 
 by the officers, soldiers and Ottawas on their return, of the 
 country in which they had been, and perhaps was invited 
 to locate and trade there by the Indians residing there. 
 Moreover, being engaged by the government in the Indian 
 department, it is quite likely he was directed to locate west 
 of Lake Michigan, the better to attend to the interests of the 
 Indians. Whether any or all of these reasons prevailed upon 
 him or not, it is well authenticated that in 1745 the Sieur 
 AuGUSTiN Langlade, with his wife and son Charles, and 
 probably also their younger children, left Mackinaw and 
 migrated to Green Bay, where they remained till they died 
 at advanced ages, and were when they came thither the 
 only persons within the present boundaries of our state 
 whose occupancy acquired any degree of permanency. 
 
 When AuGUSTiN De Langlade removed to Green Bay, he 
 was fifty years old; he continued in the pursuit of his 
 agency for and trade with the Indians without any remark- 
 able incidents until 1771, when he died and was buried in 
 the old cemetery at Green Bay. 
 
 But a more active, exciting and hazardous career was to 
 attend the life of his energetic, hardy, impulsive but brave 
 and resolute son, Charles, whose name deserves to stand 
 high in the roll of the French heroes of the wars in which 
 that nation was engaged near the middle of the eighteenth 
 century. 
 
 This son, the Sieur Charles De Langlade, was on the 
 12th of August, 1754, married at Mackinaw to Charlotte 
 BouRASSA, the daughter of Rene Bourassa, a retired voya- 
 geur living at Mackinaw. The marriage certificate is signed 
 by the Roman Catholic priest. Father M. L. Le Franc, and 
 witnessed by M. Herein, commandant of the post and four- 
 teen others. Madam Langlade continued to reside at 
 Mackinaw from the time of her marriage until 1760, when 
 she left the comparatively civilized society of Mackinaw, to 
 reside with her husband in the solitudes of Green Bay, 
 where she continued to live until 1818, when she died at the 
 age of seventy -five years. 
 
 The French war broke out in 1754; Charles De Langlade 
 had only a short time previously led the French settlers 
 against the Sacs, who, aided by re-enforcements from the 
 garrison, had expelled those Indians from the Fox river and 
 
THE LANGLADE FAMILY. 43 
 
 driven them to the banks of the Wisconsin. His stanclino- 
 and reputation for bravery and discretion were established. 
 At the commencement of this war, De Langlade was but 
 thirty years of age; but his high character, his experience 
 in border service for twenty years — for his war exploits 
 commenced at the age of ten — his personal relationship to 
 the powerful Ottawas, his knowledge of their language 
 and that of the other neighboring tribes, and his great 
 influence over them, conspired to induce the Marquis Vau- 
 DREUIL, governor-general of New France and Louisiana, to 
 select him to raise the tribes of the JSTorthvvest and to place 
 him at the head of the partisan forces of the border French 
 and Indians, in the great and savage conflict about to com- 
 mence. The force under the command of De Langlade, 
 besides the French, was composed of Ottawas, Chippewas, 
 Menomonees, Winnebagoes, Pottawottamies, Hurons or 
 Wyandotts, and perhaps others, among whom were La- 
 Fourche and Pontiac, and numbered not far from fifteen 
 hundred. They repaired at once to Fort Du Quesne for its 
 defense against the English, and also to carry the war 
 against the frontier settlements and forts of the British 
 colonies. The story of Braddock's defeat and sanguinary 
 repulse in his confident attempt to capture Fort Du Quesne 
 from the French, when his splendid army, freshly imported 
 from England, were within ten miles of the coveted prize, 
 is too well known to all familiar with American history, to 
 justify a detailed repetition of it. While history justly 
 ascribes the result largely, if not chiefly, to the effective aid 
 of the Indian allies of the French, it has nowhere done full 
 justice to the Sieur Charles De Langlade, to whose impor- 
 tunities it was due that De Beaujeu consented to enter 
 into the fight at all. The English got to the south bank of 
 the Monongahela about noon, halted and prepared for din- 
 ner, while the French and Indians were secreted on the 
 opposite side of the river. De Langlade went to De 
 Beaujeu and told him no time should be lost, but that the 
 attack should at once be commenced. The French com- 
 mander made no reply. De Langlade then called the 
 chiefs together, and induced them to demand orders to com- 
 mence the battle. Still no such orders could be obtained. 
 Again De Langlade went himself and urged the necessity 
 of at once commencing the atto,ck, saying to De Beaujeu, 
 that if he did not intend to fight at all, it was well to act as 
 
44 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 he did, but if fighting was to be done, then was the time to 
 do it, while the Enghsh were eating with their arms laid 
 aside, or while attempting to cross the river; that no other 
 so good an opportunity could occur, and that the English 
 were too powerful to be met in open battle. De Beaujeu 
 was much disheartened, seeing the strength of the English, 
 and seemed in great doubt what to do, but at length 
 gave orders to commence the attack. The action was at 
 once commenced and the English officers who had their 
 napkins pinned over their breasts, seized their arms and 
 took part in the conflict, and a good many of them were 
 killed with these napkins pinned on their coats, showing 
 how suddenly they rushed into the battle. De Beaujeu 
 was killed, but the French and Indian loss was very small. 
 Of this battle Bancroft says, speaking of the English: 
 
 " Of eighty -six officers, twenty-six were killed, and thirty-seven were wounded. Of the 
 men, one-half were killed or wounded. Braddock braved every danger; he had five horses 
 disabled under him; at last a bullet entered his right side and he fell mortally wounded. His 
 secretary was shot dead; both his English aids were disabled early in the engagement, 
 leaving the American alone to distribute his orders. Of privates, seven hundred and four- 
 teen were killed or wounded, while of the French and Indians only three officers and thirty 
 men fell, and but as many more were wounded." 
 
 On the 9th of August, 1756, De Langlade received orders 
 from Chevalier Dumais, commandant of Du Quesne, to go 
 with a party of French and Indians, and make a strike at 
 Fort Cumberland, and learn whether the English were 
 making any movement in the direction of the Ohio. 
 
 In the year 1757, De Langlade was employed in Canada, 
 and served under Montcalm. With his faithful, but savage 
 Indian followers, he rendered efficient service to that gal- 
 lant French officer in the investment and final capture on 
 the 9th of August of Fort William Henry at the head of 
 Lake George. 
 
 On the Sth of September, 1757, Vaudreuil issued an order 
 of that date to 
 
 " SiEUR Langlade, ensign of the troops, detached from the marine, to start from this 
 city (Montreal) immediately for the post of Michilimackinac, there to serve in the capacity 
 of second in command under the orders of M. De Beaujeu, commandant at that post." 
 
 The following year he returned to Canada at the head of 
 his French and Indian force and shared the dangers and 
 services of that hard campaign. He and his followers 
 formed a large and useful part of the troops stationed at 
 Ticonderoga, when the British under General Abercrombie, 
 passing through Lake George, undertook on the Sth of 
 
THE LANGLADE FAMILY. 45 
 
 July, 1758, to drive the French, in which attempt they met 
 with the most disastrous failure, wiien, " after losing," 
 according to Bancroft, " in killed and wounded, nineteen 
 hundred and sixty -seven, chiefly regulars, they fled pro- 
 miscuously." 
 
 After the hard service at Ticonderoga he repaired with 
 his trusty band to Fort Du Quesne, which was then threat- 
 ened by the enemy, and participated in the defeat of Major 
 Grant, near the fort, who was attacked on the 14th of Sep- 
 tember by a large body of French and Indians, under the 
 superior command of the gallant Aubry. 
 
 About two months later the youthful Washington with a 
 brigade of provincials drew near Du Quesne; when the dis- 
 heartened garrison, about five hundred in number, set the 
 fort on fire and by the light of the conflagration descended 
 the Ohio. On the 25th of November, 1758, the banners of 
 England floated over the Ohio, and the place was with one 
 voice named Pittsburgh. De Langlade then probably re- 
 turned to Green Bay, and remained for the winter. 
 
 No ofiicer of the French king was more ready to do battle 
 for his sovereign than De Langlade, who participated in 
 all the most important and tlie final engagements of the 
 campaign of 1759. He aided in the defense of Fort Niagara, 
 and was present at its capitulation on the 25th of July. 
 
 In the great and decisive battle before Quebec on the 
 plains of Abraham, on the 13th of September, when Mont- 
 calm and Wolfe each gave his life for the countries they 
 respectively loved and served so well, our hero, in whose 
 veins coursed the mingled blood of the French and the 
 Ottawa, sustained by large numbers of both, devoted his 
 powerful efforts to sustain the expiring dominion of France 
 in his native Canada. He passed through this severe con- 
 flict without a wound, while many of his followers were 
 either killed or wounded. Among the killed were his two 
 younger brothers, whose loss he deeply mourned. He was 
 among the number who thought there was no real necessity 
 for the surrender and believing it was effected through 
 bribery, retired from the place with his surviving followers 
 in disgust. 
 
 On the 3d of September, 1760, while De Langlade was 
 at Montreal, having received a commission as lieutenant 
 from the king, he received specific instructions from Gov. 
 Vaudreuil to take charge of and conduct the troops under 
 
46 HISTOEY OF THE TERRITORY OF WISCONSIN. 
 
 his command to Mackinaw and the Indians to their villages. 
 Six days later a dispatch was sent to him by Vaudreuil, 
 notifying him of the surrender of ail Canada to the British, 
 under Gen. Amherst. 
 
 The contest between France and Great Britain for domin- 
 ion in America was now ended. At this day it is difficult to 
 realize the hardships attendant upon such a partisan service 
 as that in which De Langlade was engaged, with such 
 long and constant marches of thousands of miles through a 
 wilderness country, relying mainly upon wild game for a 
 sustenance. Had the French been successful, his name and 
 fame would doubtless have been more conspicuous in history. 
 
 De Langlade had but two children by his marriage. The 
 eldest, Lallotte, born in 1760 or 1761, was married to Mr. 
 Barcellow, but died the next year childless. The other, 
 DoM [TELLE, born in 1763, was married to Pierre Grignon, 
 Sen., in 1776. 
 
 Upon the breaking out of the Revolutionary war, Charles 
 De Langlade, then fifty-two years old, was persuaded by 
 Capt. De Peyster, commanding at Mackinaw, to take an 
 active part in the war should his services be needed, which, 
 De Peyster remarks in his Miscellanies, was equivalent to 
 " securing all the Western Indians in our interests." He 
 raised a large body of Indians from several different tribes, 
 and marched for Montreal. He went to Canada with his 
 Indian force several times during the war, and at one time 
 served under Gen. Campbell. In 1779 De Langlade and his 
 followers, with the Indians from Milwaukee, whom he had 
 induced to join him, attended a grand council which De 
 Peyster had called at I'Arbre Croche, near Mackinaw, for 
 the purpose of making a diversion towards Vincennes and 
 Fort Chartres in favor of Gov. Hamilton at Detroit. After 
 the council, De Langlade with his Indian force embarked 
 upon Lake Michigan, and upon arriving at St. Josephs, they 
 learned of Hamilton's surrender, and returned much dis- 
 satisfied. 
 
 It does not appear that De Langlade was engaged in 
 many, if any battles during the Revolutionary war. In- 
 deed, there was no active service for him to perform in the 
 Northwest, as there were no expeditions by the Americans 
 in that quarter. 
 
 From the close of the French war to the end of the Revo- 
 lutionary war, Charles De Langlade by appointment of 
 
JONATHAN CARVER'S EXPLORATIONS. 47 
 
 the British authorities had the siiperintendency of the Indians 
 of the Green Bay Department. After the close of the Rev- 
 ohitionary war the same superintendency appears to have 
 continued indefinitely. He also had command of the militia 
 composed of the simple hearted people of the settlement, by 
 whom he was most affectionately reverenced and honored. 
 He spent the remainder of his days at Green Bay, receiving 
 an annuity from the British government of eight hundred 
 dollars, as half pay for his services during the American 
 Revolution, and died in January, 1800, at the age of seventy- 
 five years, and was buried beside his father in the cemetery 
 at Green Bay. 
 
 Pierre Grignon, Sen., by his marriage with Domitelle 
 De Langlade, had seven sons and two daughters. One of 
 the sons was Augustin Grignon, born June 27, 1780, from 
 Avhose "• Recollections," noted down from his lips in 1857 by 
 Mr. Draper, secretary of the State Historical Society, most 
 of the foregoing statements in relation to the Langlade 
 family, have been literally transcribed. 
 
 CHAPTER IV. 
 
 JONATHAN carver's EXPLORATIONS 
 
 A new^ era in the history of the West commenced with the 
 year 17G3. By the treaty of Paris made in that year, all the 
 claims of the French to the country watered by the Ohio and 
 the Mississippi, and all the French possessions, were ceded 
 to Great Britain. By a secret treaty however, made on the 
 same day the definitive articles of the treaty of Paris had 
 been signed (November 3, 1762), France ceded to Spain all 
 Louisiana west of the Mississippi and the island of Orleans. 
 So that Great Britain, when the treaty w^as concluded, Feb- 
 ruary 10, 17G3, acquired the country east of the Mississippi, 
 which river was to remain equally free to the subjects of 
 Great Britain and France. 
 
 Soon after the vast acquisition of territory gained by 
 Great Britain from the French, Capt. Jonathan Carver 
 resolved to explore the interior parts of North America and 
 
48 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 to penetrate to the Pacific ocean, over that broad part of the 
 continent which lies between tlie 43d and 4Gth degrees of 
 north hxtitude, and he hoped to discover a northwest pas- 
 sage from Hudson's Bay to tlie Pacific. A journal of this 
 exploration was published in 1778. Carver was born in the 
 town of Canterbury, Connecticut, in the year 1732. He 
 served in the Canadian campaign of 1755, was subsequently 
 with General Wolfe at the taking of Quebec, and the 
 capture of Montreal and conquest of Canada under General 
 Amherst. He was at the massacre of Fort William Henry 
 in 1757. A battalion of light infantry was raised in Massa- 
 chusetts in 1758, for the invasion of Canada, in one of the 
 companies of which he served as lieutenant, and in 1760, he 
 was advanced to the captaincy of a company in Col, John 
 Whitcomb's regiment of foot. In 17G2, he commanded a 
 company of foot in Col. Saltonstall's regiment, and the 
 year after the peace of Versailles, he retired from the service. 
 
 In June, 170G, he set out from Boston to carry out his 
 resolution to explore the Northwest, and proceeded by way of 
 Albany and Niagara to Mackinaw, where he arrived the 
 1st of September. He there made arrangements with Gov. 
 Rogers for a suitable supply of goods for presents to the 
 Indians on his route, and having received a part, with a 
 promise that the remainder should be sent forward to meet 
 him at the falls of St. Anthony, he proceeded on the 3d of 
 September, and pursuing the usual route to Green Bay, 
 arrived there on the 18th. 
 
 Capt. Carver left Green Bay on the 20th of September, 
 in company with several traders, and ascended Fox river, 
 arriving on the 25th at an island, on which was the great 
 town of the Winnebagoes, now known as Doty's Island. 
 The principal chief of this tribe was a woman, who had 
 married a Frenchman named De Kaury, who had been 
 mortally wounded at Quebec and died at Montreal; so that 
 the Queen was a widow at this time. Her descend- 
 ants, the De Kaury's, have long figured as distinguished 
 chiefs of the Winnebagoes. The town contained fifty 
 houses, which were strongly built with palisades. 
 
 Having remained four days, during which he was treated 
 with great civility, and entertained in a distinguished man- 
 ner, having made some presents to the chiefess, he left on 
 the 29th, and on the 7th of October arrived at the portage of 
 the Fox and Wisconsin rivers. 
 
JONATHAN CARVER'S EXPLORATIONS. 49 
 
 On the 9th, the party arrived at the great town of the 
 Saukies, now known as Prairie du Sac, which our explorer 
 describes as the largest and best built Indian town he ever 
 saw. It contained, he says, about ninety houses, each large 
 enough for several families, built of hewn plank, neatly 
 jointed and covered so completely with bark, as to keep out 
 the most penetrating rains. Before the doors were placed 
 comfortable sheds in which the inhabitants sat, when the 
 weather would permit, and smoked their pipes. The streets 
 were both regular and spacious, appearing more like a 
 civilized town than the abode of savages. This large and 
 well-built Indian town, the traveler's description of which, 
 it must be confessed, appears somewhat exaggerated, had 
 but a brief existence, for in less than thirty years only a 
 few remains of fire-places and posts were to be seen. 
 
 The Sacs had about three hundred warriors who extended 
 their excursions into the territories of the Illinois and 
 Pawnee nations. Capt. Carver says: 
 
 " Whilst I stayed here, I took a view of some mountains, that he about fifteen miles to 
 the southward, and abound in lead ore (probably the Blue Mounds). I ascended on one 
 of the highest of these, and had an extensive view of the country. For many miles nothing 
 was to be seen but lesser 'mountains, which appeared at a distance like hay-cocks, they 
 being free from trees. So plentiful is lead here that I saw large quantities of it lying about 
 the streets, in the town belonging to the Sauldes, and it seemed to be as good as the 
 produce of other countries. 
 
 " On the 10th of October (he says) we proceeded down the river, and the next day reached 
 the first tOTvn of the Ottiganmies (Fox Indians). This town contained about fifty houses, 
 but we found most of them deserted, on account of an epidemical disorder that had lately 
 raged among them, and carried off more than one-half of the inhabitants . The greater part 
 of those who survived had retired into the woods to avoid the contagion." 
 
 This town is supposed to have been where Muscoda is. 
 When within about five miles of the mouth of the Wiscon- 
 sin he discovered the ruins of another village, and learned 
 that it had been deserted about thirty years before, and that 
 the inhabitants soon after built a town on the Mississippi river 
 near the mouth of the Wisconsin, at a place called by the 
 French La Prairie des Chiens. It w^as a large town, and 
 contained about three hundred families. It was the great 
 mart where furs and peltries w^ere annually brought about 
 the last of May from the remote branches of the Mississippi, 
 and where it was determined by a general council of the 
 chiefs whether to dispose of them to traders there, or to 
 transport them either to Mackinaw or to Louisiana. 
 
 The traders with Carver took up their residence for the 
 4 
 
50 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 winter at the mouth of Yellow River, about ten miles above 
 Prairie du Chien, on the opposite bank of the Mississippi, 
 while he with one voyageur and a Mohawk Indian, pushed 
 on in his canoe towards the Falls of St. Anthony. 
 
 He passed Mount Tremealeau, which he described, and on 
 the first of November arrived at Lake Pepin, where he sars 
 he observed the ruins of a French factory, where Capt. St. 
 Pierre resided and carried on a very great trade with the 
 Naudowissies, before the reduction of Canada. It was here 
 the first trading houses north of the Illinois River were 
 erected. (As early as 1G87, Nicholas Perrot was trading in 
 the neighborhood of the Sioux, and according to Charlevoix, 
 he built a fort near the mouth of the lake.) 
 
 The pre-historic tumuli, which are found in so many 
 places near the banks of the Mississippi, did not escape the 
 observation of Carver, and he was the first to call the atten- 
 tion of the civilized world to their existence. 
 
 He first made the acquaintance of the Dakota Indians 
 near the mouth of the St. Croix River, probably near Pres- 
 cott' and had tire good fortune to make a treaty of peace 
 between that nation and the Chippewas, at a time when an 
 engagement was imminent, in return for which kindly act 
 the Indians bestowed upon him every possible attention. 
 
 In his further progress he came to a remarkable cave on 
 the bank of the Mississippi, about thirty miles below the 
 Falls of St. Anthony, of which he says: 
 
 " Tbe entrance is about ten feet wide, with a height of five feet, and a breadth of thirty 
 feet . About twenty feet from the entrance begins a lake which extends to an unsearch- 
 able distance." 
 
 The walls he describes as being a soft stone, upon which 
 ■were cut many ancient hieroglyphics, and the cave was be- 
 lieved by the Indians to be the dwelling of the " Great 
 Spirit," It has been materially altered by the action of the 
 elements, the roof has fallen in, and the entrance has been 
 choked up by rock and earth; so that in 1820, Schoolcraft 
 was led into the error of supposing that the cave near St. 
 Paul, now known as the " Fountain Cave," was the one 
 described by Carver. The track of a railroad runs along 
 the bank of the river directly in front of the cave, in the 
 construction of which the cave is virtually destroyed, and 
 the stream which flowed through it now supplies a water- 
 tank, while the subterranean lake has disappeared. 
 
 On reaching the mouth of the St. Peters river, ten miles 
 
JONATHAN CARVER'S EXPLORATIONS. 51 
 
 below the falls of St. Anthony, called by the natives Wad- 
 da-paw- naen-e-so-tor, the ice became so troublesome that he 
 left his canoe, and walked to the Falls of St. Anthony where 
 he arrived I^^ovember 17tli. He gives a very particular 
 description of them, accompanied by a copper-plate engrav- 
 ing, from which it would seem that a constant recession of 
 the rock has been going on, which has gradually reduced 
 the height of the fall, and that in ages long past, this sub- 
 lime cataract of the Mississippi, thundering in its solitude, 
 was not far from ths mural cliffs, upon which were erected 
 the barracks of the garrison at Fort Snelling. 
 
 This persevering explorer continued on foot, until he 
 reached the river St. Francis or Elk river, about sixty miles 
 above the falls, but as the season was far advanced, he 
 returned, and on the 2oth of November commenced with 
 his canoe the ascent of the St. Peters river, now called the 
 Minnesota, which he found free from ice, and proceeded 
 some two hundred miles to the country of the Naudowissies, 
 or Sioux of the plains, which was the western limit of his 
 travels. With these Indians he spent five months, and was 
 well treated. He learned their language, and acquired all 
 the geographical information they could impart. 
 
 Capt. Carver left his hibernal abode the latter end of 
 April and descended to the Mississippi, escorted by nearly 
 three hundred Indians, among whom were many chiefs. It 
 was the habit of these bands to go annually at this season 
 to the great cave, to hold a grand council with all the other 
 bands. Carver, on this occasion, was admitted to the grand 
 council, and made a speech which is published in his travels. 
 This was on the 1st of May, 1707. 
 
 At this time, as claimed by his heirs and their assignees, 
 two of the chiefs of the Naudowissies gave to Capt. Carver 
 a deed of a large tract of land lying in Wisconsin and Min- 
 nesota, bounded as follows: 
 
 " From tUe Falls of St. Anthony, runniiis on the east bank of the Jlississippi nearly south- 
 east as far as the south end of Lake Pepin, where the Chippewa river joins the Mississippi, 
 and from thence eastward, five days' travel, accounting twenty English miles per day, and 
 from theuce north six days" travel at twenty F-nccHsh miles per day, and from thence again 
 to the Falls of St. Anthony, on a direct straight line." 
 
 These boundaries extend east to the range line between 
 ranges 3 and 4 east, north to the south line of Douglass 
 county and south to th'> '-^outh line of Clark county, and em- 
 brace the whole of the counties of Pepin, Pierce, St. Croix, 
 
52 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 Barron, Dunn, Eau Claire, Clark, Chippewa, Washburn, 
 Sawyer, Price, and Taylor, with parts of Buffalo, Trempea- 
 leau, Jackson, Wood, Marathon, Lincoln, Burnett, Polk and 
 Ashland, with a part of Minnesota, and contain an area of 
 about fourteen thousand square miles. 
 
 Whether such a deed was ever made, and is not a mere 
 fiction, has given rise to many well-founded doubts. It is 
 not spoken of by Carver in his "Journal" of his travels. 
 However the fact may be, it is well known that the Naudo- 
 wissies, or Sioux of the plains, had no claim to any territory 
 east of the Great River, and as the two Indians by whom 
 this deed purports to have been signed were chiefs of this 
 tribe, they were granting that to which they had no claim. 
 
 If the authenticity of the deed be conceded, as well as 
 the validity of the title of the grantors, the transaction was 
 in direct violation of the proclamation of his king, made 
 less than three years before, of which Capt. Carver was 
 no doubt aware, which strictly enjoined and required that 
 no private person should presume to make any purchase 
 of any land from any Indian. 
 
 A petition of the heirs of Carver and their assignees, 
 for the recognition of the validity of their title under this 
 grant, appears to have been presented to congress as early 
 as 1806, and referred to a committee of the senate, but no 
 report seems to have been made. Subsequently, January 
 23, 1823, Mr. Van Dyke, from the committee on public 
 lands, submitted to the senate a report upon a like peti- 
 tion, concluding with a resolution, that the prayer of the 
 petitioners ought not to be granted. 
 
 A similar petition was presented to the next congress, 
 and on the 28th of January, 1825, a report was made by 
 Mr. Campbell of Ohio, from the committee on private land 
 claims, which contains a most exhaustive discussion of all 
 the questions involved, and demonstrates most conclusivel}^ 
 that there was no foundation for the pretended claim, and 
 that it was utterly worthless. 
 
 In a letter from Lord Palmerston, dated February 8, 1834, 
 to Hon. Aaron Vail, then charge d'affaires of the United 
 States to Great Britain, is the statement in reference to this 
 claim that 
 
 " No trace has been found of any ratification of the grant in question by His Majesty's 
 government." 
 
 A claim of somewhat the same kind was made by the 
 
JONATHAN CARVER'S EXPLORATIONS. r)3 
 
 Oo 
 
 " Illinois and Wabash Land Company," for a large territory 
 in Illinois, under a grant claimed to have been made to 
 William Murray in 1773, and met a like fate at the hands 
 of congress as the Carver claim. 
 
 The validity of claims founded on actual settlement and 
 improvement, without other pretended title, has been recog- 
 nized by the United States government. Of this character 
 were all the claims to lands at Green Bay and Prairie du 
 Chien, which, on examination, have been confirmed by the 
 general government. 
 
 In continuing the account of the travels of Capt. Carver, 
 it appears that having first ascertained that the goods which 
 Gov. Rogers had promised to send to the Falls of St. An- 
 thony for him, had not arrived, he decided to return to 
 Prairie du Chien, abandoning for the present his original 
 plan of proceeding further to the Northwest. Here he ob- 
 tained from the traders what goods they could spare, but as 
 they were not sufficient, he determined to make his way 
 across the country of the Chippewas to Lake Superior, where 
 he hoped to meet the traders that annually went from 
 Mackinaw to the Northwest, from whom he thought he 
 should be able to obtain what goods he required. 
 
 In the month of June Carver left Prairie du Chien, and 
 leaving the Mississippi River, he ascended the Chippewa, 
 near the head waters of which he found a Chipijewa village, 
 composed of forty houses adjacent to a small lake. He left 
 this village in July, and having crossed a number of small 
 lakes and portages that intervened, came to a head branch of 
 the St. Croix River — probably the Namekagon. This branch 
 he descended to a fork, and then ascended another — proba- 
 bly one of the Totogatics — to its source. On both these 
 branches, he discovered, as he says, several mines of virgin 
 copper, very pure. That many of the outcrops of rock upon 
 these branches are cupriferous has been shown by the ex- 
 plorations of the late geological survey of the state, but 
 " mines of virgin copper " will be developed only as the 
 result of more labor than has yet been bestowed upon them. 
 
 From this last branch he made a portage to a stream 
 which flowed into Lake Superior. Descending this he 
 coasted around the western extremity of the lake, and 
 finally arrived at the Grand Portage on the north shore. 
 Here, although he obtained much information about the 
 lakes and rivers lying to the northwest, he could not pro- 
 
o4 HISTORY OF THE TERRITORY OF WISCONSIN. • 
 
 cure the goods he wanted, and was compelled to give up 
 the one great object of his travels, and return to Mackinaw, 
 where he arrived the beginning of November, He spent 
 the winter at Mackinaw, and returned to Boston the follow- 
 ing year, having been absent two years and five months, and 
 traversed seven thousand miles. 
 
 CHAPTER V. 
 
 PROGRESS OF SETTLEMENTS IN THE NORTHWEST, AND TRANS- 
 FER TO BRITISit JURISDICTION. 
 
 The history of the war. with the Outagamies on Fox River 
 after their failure to destroy Detroit in 1712, naturally led to 
 an account of the De Langlades and of events intimately 
 connected with them, causing a digression from the chron- 
 ological narrative which had been attempted and which 
 will now be resumed. 
 
 During the first half of the eighteenth century, the prog- 
 ress of settlement and industry in the Wabash country was 
 very considerable. As early as 1705 fifteen thousand skins 
 and hides had been sent to Mobile for the European market. 
 In 17i(J the French population of that fertile region kept up 
 a lucrative trade with Mobile, by means of traders and voy- 
 ageiirs. Agriculture soon began to flourish, and in 1746, six 
 hundred barrels of flour were manufactured and shipped to 
 New Orleans, besides large quantities of hides, peltry, tallow 
 and beeswax. 
 
 In 1730 the Illinois country, not including the Wabash 
 valley, contained one hundred and forty French families, 
 besides about six hundred converted Indians, many traders, 
 voyageurs and couriers du hois. About twenty years later 
 (1751) it contained six distinct settlements, with their re- 
 spective villages. These were Cahokia, St. Philip, Fort 
 Chartres, Kaskaskia, Prairie du Rochier, and St. Genevieve. 
 Kaskaskia in its best days, under the French regime, con- 
 tained two or three thousand inhabitants, but under British 
 dominion the population in 1773 had decreased to four hun- 
 dred and fifty souls. 
 
 The ambition of the French was to preserve the possession 
 
PROGRESS OF SETTLEMENTS IN THE NORTHWEST. 55 
 
 of all important points in the Northwest, and to prevent the 
 slightest attempt of the English to occupy any part of the 
 territory west of the Alleghanies^ and French commanders 
 had avowed the purpose of seizing every Englishman within 
 the Ohio Valley. In 1753 the Ohio company opened a road 
 into the western valley, and Gist established a plantation 
 near the Youghiogeny, where eleven families settled, and a 
 town and fort were marked out on Shurtee's creek. 
 
 Gov, DiNWiDDiE, fearful for the safety of these pioneer 
 settlers upon the western dominion of Virginia, in Novem- 
 ber, 1753, sent Washington — then twenty-one, to the 
 commander of the French forces on the Ohio river, to 
 know his reasons for invading the British dominions. 
 The commander, Gardeur De St. Perre, refused to dis- 
 cuss questions of right. "I am here," said he, "by the 
 orders of my general, to which I shall conform with exact- 
 ness and resolution."' AVashington hastened homeward to 
 Virginia, where, after many hardships and dangers, he 
 arrived in January, 1754. Washington's report was followed 
 by immediate activity. The Virginians had commenced a 
 fort at the forks of the Ohio, which, on the 17th of April, 
 they surrendered to the superior forces of the French, who 
 occupied and fortified it and named it Du Quesne, from the 
 governor of New France. Pittsburg now occupies its site. 
 On the S7th of May, Washington, followed by only forty 
 raw recruits and a few Mingo allies, coming upon the 
 French, himself fired the first hostile gun, wdiich kindled 
 the world into a fiame, and was the signal for the great 
 French w^ar which ensued. The engagement was short. 
 Ten of the French, among them Jumonville, the com- 
 mander of the party, were killed, and twenty-one made pris- 
 oners. 
 
 On the first day of July, Washington, not being reinforced 
 as he expected, was compelled to fall back upon Fort Neces- 
 ^ty, a rude stockade at Great Meadows. Here for nine 
 hours the fire of the French was returned, when, at last, 
 after thirty of the English and but three of the French were 
 killed, terms of capitulation were accepted. On the 4th day 
 of July, the English garrison, retaining all its effects, with- 
 drew from the basin of the Ohio, and no standard but that 
 of France floated in the whole valley of the Mississippi to 
 its head springs in the Alleghanies. 
 
 The next year the contest for the possession of Fort Du 
 
56 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 Quesne was renewed, and Gen. Braddock's signal defeat on 
 the banks of the Monongahela occurred on the 9th of July, 
 1755. From that period to the victory of Gen, Wolfe at 
 Quebec in September 1759, various engagements had taken 
 place between the English and French with various for- 
 tunes. At length, on the 8th of September, 17G0, Ticonderoga, 
 Crown Point, Niagara and Quebec having previously fallen, 
 Montreal, Detroit and all Canada were given up to the 
 English by the French governor, and the principal posts 
 on the Ohio passed into the possession of the English. The 
 post of Detroit was given by the French into the hands of 
 Major Rogers on the 25th of iSTovember, 1760, and from this 
 period the French power in this region was forever over- 
 thrown. 
 
 The affection of the Indians for the French was deeply 
 rooted, and by the commingling of blood, created the strong 
 ties of nature between them, which even now continues. 
 Through all the changes in the country that time has 
 wrought, the French language still partially holds its place, 
 and this is especially observable in the vicinity of Green 
 Bay and Prairie du Chien. 
 
 The first settlements made by the French on the east side 
 of the Mississippi river were at Cahokia, St. Phillips, La 
 Prairie du Rocher and Kaskaskia. The first is situated 
 nearly opposite to St. Louis, and contained about one hun- 
 dred and twenty houses; the second became extinct; the third 
 is about twelve miles above Kaskaskia and contained thirty- 
 two houses. Kaskaskia is situated about seven miles up a 
 river of the same name, though not more than three miles 
 from the Mississippi, nearly opposite to St. Genevieve, and 
 about fifty-five miles below Cahokia. This village was once 
 considered as the capital of the country, and was rich and 
 populous and contained two thousand or three thousand in- 
 habitants, but under the British dominion as late as 1772, it 
 contained only five hundred whites and as many blacks, 
 and at a later period it was reduced to forty-five families. 
 This loss of population was occasioned largely by its being 
 transferred to the west side of the Mississippi, principally 
 to St. Louis. Two causes mainly produced this result. The 
 first was the ordinance of 1787 which prohibited slavery 
 in the Northwestern Territory. The slave-holders were 
 disposed to retain their slaves, and to do it effectually, they 
 abandoned their ancient habitations and joined their friends 
 
PEOGRESS OF SETTLEMENTS IN THE NORTHWEST. 57 
 
 ill the then dominions of Spain. The second was the rup- 
 ture in 1797, when an attack from Canada was projected on 
 the Spanish possessions along the Mississippi river. At this 
 period Spain was bound to evacuate all her military posts on 
 the east side of that river to the north of the 31st degree of 
 north latitude, and Upper Louisiana was the only barrier 
 she had to oppose the descent of the English. The distance 
 of this province from the capital, added to a wilderness of 
 nearly a thousand miles in extent between them, seemed to 
 point out the necessity of strengthening it, and she con- 
 ceived it good policy to populate it by citizens of the United 
 States. 
 
 Additional prospects were therefore held out to settlers, 
 and pains were taken to disseminate them in every direc- 
 tion. Large quantities of land were granted them, with no 
 other cost than office fees and surveys, which were moder- 
 ate. This accounts for the rapid settlement of Upper 
 Louisiana, three fifths of the population of which, in 1804, 
 consisted of English Americans. 
 
 In the time of Father Charlevoix, 1721, Kaskaskia con- 
 tained a Jesuit college, the ruins of which remained a cen- 
 tury later. 
 
 All the four villages east of the Mississippi were founded 
 about the year 1083 by La Salle or his followers. They 
 were all, as were the intermediate settlements, situated on 
 a fertile bottom, which commences at the mouth of the Kas- 
 kaskia river and extends nearly to the Illinois, a distance of 
 about eighty miles, about four to six miles wide, now called 
 the " American Bottom." It is bounded in the rear by a 
 ridge of lime-rock, which in many places is perpendicular 
 and 150 to 200 feet in height. 
 
 While the French were in possession of the country they 
 built several forts. One at Kaskaskia, which is wlioll}^ 
 destroyed. 
 
 They also had one on the Ohio, about thirty-six miles from 
 the Mississippi, which the Indians took by a curious strat- 
 agem. A number of them appeared in the day-time on the 
 opposite side of the river, each of whom was disguised with 
 a bear-skin, and walked on all fours. The French supposed 
 them to be bears, and crossed the river in pursuit of them. 
 The troops who did not cross left their quarters and went to 
 the river to see the sport. In the meantime a large body of 
 warriors, who were concealed near the fort, silently entered 
 
58 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 it without opposition, and very few of the French escaped 
 the carnage. They afterwards built another fort on the 
 same ground, and called it Massac. 
 
 Fort Chartres was built in 1720, and much repaired in ^750. 
 It is situated in the neighborhood of Prairie du Rocher, and 
 was orginally about one mile and a half from the Mississippi. 
 Its figure was quadrilateral, with four bastions, the whole 
 of which was composed of limestone well cemented. Each 
 side measured about 340 feet. The ^'-nlls were fifteen feet 
 high and about three feet thick, 'lliere was a spacious 
 square of barracks with stone w^alls and a capacious maga- 
 zine and two deep wells. Each port or loop-hole was formed 
 by four solid cliffs or blocks of free stone, worked smooth 
 and into proper shapes. All the cornices and casements 
 about the gates and buildings were of the same material and 
 appeared to great advantage. It was originally intended as 
 a place of refuge for the inhabitants of the adjacent country 
 in time of war. Some years after it was built the Mississippi 
 broke over its banks and formed a channel so near the fort, 
 that one side of it and two of its bastions were thrown down. 
 This circumstance induced its abandonment in 1772, and 
 since that period the inhabitants have taken away great 
 quantities of materials from it to adorn their own buildinr^r, 
 and it became a splendid ruin. 
 
 It was on the 10th of October, 1765, that the ensign of 
 France was replaced on the ramparts of Fort Chartres by 
 the flag of Great Britain. For nearly ninety years Illinois 
 had been in the actual occupation of the French, their settle- 
 ments on the far-off waters of the Kaskaskia, Illinois* and 
 Wabash slumbering quietly in colonial dependence, and 
 although for more than one hundred years she had been con- 
 structively a part of Florida, no Spaniard had set foot upon 
 her soil or rested his eye upon her beautiful prairies. But 
 the Anglo-Saxon had gsCined at last a permanent foot-hold 
 on the banks of the great river, and a new life, instinct with 
 energy and progress, was about to be infused into the 
 country. 
 
 M. Neyon de Villiers, long the commandant of Fort 
 Chartres, kept from the French and Indians ,so long as he 
 could a knowledge of the cession of the country to Great 
 Britain, and finally, rather than dwell under the detested 
 flag of the conqueror, he abandoned Illinois in the summer 
 
PROGRESS OF SETTLEMENTS IN THE NORTHWEST. 59 
 
 of 1?(U, and went to New Orleans^ followed by many of the 
 inhabitants. 
 
 The command of the fort and country then devolved upon 
 M. St. Ange de Bellerive, a veteran Canadian French officer 
 of rare tact and large experience, who forty years before 
 had escorted Charlevoix through the country, who men- 
 tions him with commendation. His position required skill 
 and address to save his feeble colony from a renewed war 
 with the English and from a general massacre by the in- 
 censed hordes of savages under Pontiac, by whom he was 
 surrounded. He had been advised by the home government 
 of the cession to the British and ordered to surrender the 
 country upon their arrival to claim it. 
 
 After the evacuation of Fort Chartres, he also retired from 
 the country, conducting his small garrison of twenty-one 
 soldiers to the infant settlement of St. Louis, Vx^here in the 
 absence of any Spanish rule as yet, he continued to exercise 
 the functions of his office with great satisfaction to the 
 people until November, 1770, when his authority was super- 
 seded by Piernas, commandant under the Spanish govern- 
 ment. 
 
 The civil jurisdiction of Spain west of the Mississippi con- 
 ferred by the secret treaty of November 3, 17G2, was not en- 
 forced in Upper Louisiana until 1769. 
 
 The exodus of the old Canadian French, induced by the 
 causes already stated for the migration from Kaskaskia, was 
 large just before and during the British occupation. Un- 
 willing to dwell under the flag of their hereditary enemy, 
 many, including some of the wealthiest families, removed 
 with their slaves and other personal effects mostly to LTpper 
 Louisiana, just across the Mississippi, and settled in the 
 small hamlet of St. Genevieve. Others joined and aided 
 Leclede in founding St. Louis, the site of which had then 
 but just been selected as a depot for the fur company of 
 Louisiana. 
 
 The number of inhabitants of foreign lineage at this time 
 in the Illinois settlements was estimated as follows: White 
 men able to bear arms, 700; white women, 500; their children, 
 850; blacks of both sexes, 900; total, 2,950. Ey the hegira 
 one-third of the whites and nearly all the blacks migrated, 
 leaving probably less than 1,500 souls at the commencement 
 of the British occupation, and the population was not in- 
 creased during the possession by the British. Few English 
 
60 HISTOEY OF THE TERRITORY OF WISCONSIN. 
 
 or Americans, other than British troops, traders, officers and 
 favored land speculators, were seen there during this time, 
 nor until the conquest by Clark in 1778. 
 
 The first British commandant was Capt. Stirling of the 
 42nd Royal Highlanders. He was the bearer of a procla- 
 mation made by Gen. Gage, commander of all the British 
 forces in North America, which bore date in New York, 
 December 30, 1764, and was published by Capt. Stirling on 
 his arrival in Illinois. 
 
 By this proclamation it was delared that: 
 
 "His Majesty grants to the inhabitants of the Illinois the liberty of the Catholic religion, 
 and that they may exercise the worship of their religion according to the rites of the 
 Eoman Church in the same manner as in Canada." 
 
 " That the French inhabitants or others who have been subjects of the Most Christian 
 King (of France) may retire in full safety and freedom, and they may sell their estate, pro- 
 vided it be to subjects of His Majesty, and transport their effects as well as persons upon 
 their emigration. 
 
 " That those who choose to retain their lands and become subjects of His Majesty, shall 
 enjoy the same rights and privileges, the same security for their persons and effects and 
 liberty of trade as the old subjects of the king. That they are commanded to take the 
 oath of fidelity and obedience to His Majesty." 
 
 It recommended to the inhabitants ''to conduct them- 
 selves like good and faithful subjects, and act in concert 
 with His Majesty's officers."' 
 
 Capt. Stirling died some three months after his arrival, 
 leaving the office of commandant vacant. 
 
 Under these circumstances their former beloved com- 
 mandant, M. St. Ange returned to Fort Chartres and dis- 
 charged the duties of the office until a successor to Capt. 
 Stirling should be sent out. 
 
 Major Frazer was next sent from Fort Pitt. He exercised 
 a brief but arbitrary power over the settlements, when he 
 was relieved by a Col. Reid, who proved for the colonists a 
 bad exchange. For eighteen months he enacted the petty 
 tyrant by a series of military oppressions over tliese feeble 
 settlements. 
 
 Col. Reid was at last, however, removed and succeeded 
 by Lieut. Col. Wilkins, who arrived September 5, 1768. 
 
 On the 21st of November, 1768, Col. "Wilkins issued his 
 proclamation for a civil administration of the laws of the 
 country. 
 
 For this purpose, he appointed seven magistrates or 
 judges from among the people as a civil tribunal, to expound 
 the principles of the common law of England. A term of 
 
PROGRESS OF SETTLEMENTS IN THE NORTtlWEST. Gl 
 
 this court was held December 6, 17G8, at Fort Chartres, 
 which was the first common law jurisdiction ever exercised 
 in what, within twenty years, became the Northwestern 
 Territory of the United States. The court was a nonde- 
 script affair. It was a court of first and last resort — no 
 appeal lay from it. It was the highest as well as the 
 lowest — the only court in the country. The trial by jury, 
 the French mind was unable to appreciate. They thought 
 it very wonderful that the English should refer the deter- 
 mination of nice questions relating to the right of property 
 to a tribunal consisting of tailors, shoemakers or other 
 artisans and trades people, rather than to judges learned 
 in the law. The attempt was a failure. 
 
 In 1774, the English parliament restored to the people 
 their ancient laws in civil cases, without the trial by jury; 
 guaranteed the free exercise of their religion and rehabili- 
 tated the Roman Catholic clergy with the privileges stipu- 
 lated in the articles of capitulation of Montreal in 17G0. 
 The act was known as the " Quebec Bill." The colonies 
 on the Atlantic seaboard took great umbrage at one por- 
 tion of this law, which extended the province of Quebec to 
 the Mississippi, including all the French inhabitants at De- 
 troit, Mackinaw, on the Wabash and in the Illinois coun- 
 try, and its enactment was one of the grievances specified 
 in the declaration of independence. 
 
 The most noticeable feature of Col. Wilkin's adminis- 
 tration, was the wonderful liberality with which he j^ar- 
 celed out the domain over which he ruled, in large tracts to 
 his favorites in Illinois, Philadelphia and elsewhere, with 
 no other consideration than requiring them to reconvey an 
 interest to himself. 
 
 Settlers now began rapidly to survey the country between 
 the Alleghanies and the Mississippi and prepare for occupa- 
 tion. During the year 1770 a number of persons from Vir- 
 ginia and other British provinces explored and marked out 
 many of the most valuable lands on the Monongahela and 
 along the banks of the Ohio. Pittsburgh was at this time a 
 trading post, about which was clustered a village of some 
 twenty houses, inhabited by Indian traders. The trade from 
 the posts was quite good, and from those in Illinois large 
 quantities of pork and flour found their way to the New 
 Orleans market. 
 
 In 1774 Gov. Dunmore, of Virginia, began to encourage 
 
62 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 emigration to the western lands. He appointed magistrates 
 at Fort Pitt, claiming that it was within the jurisdiction of 
 that commonwealth. 
 
 The French settlers in the west were predisposed to favor 
 the British government in the war with the colonies, but the 
 early alliance between France and the United States soon 
 brought them to the support of the colonial cause. 
 
 At the period of the surrender of the posts to the English 
 there were about fifty cottages on the strait of Detroit with 
 •orchards by their side. They were constructed of logs with 
 roof of bark, or thatched with straw. Wheat was sown in 
 rows, potatoes were first introduced by the English, corn 
 was cultivated, while peltries were the chief circulating 
 medium. The first horses used in Detroit were brought from 
 Fort Du Quesne, and these were taken from the English by 
 the Indians at Braddock's defeat. 
 
 The succession of authority over the Northwest did not 
 bring with it to the English the friendship of the Algonquin 
 tribes in that quarter. The new masters w^ere regarded as 
 intruders by the Indians, and the long-cherished affection 
 which many of the tribes had for the French produced an 
 'opposite feeling in them toward the new people, the enemies 
 of their great French father. This feeling was early exhib- 
 ited by PoNTiAC, and was fully developed in the disastrous 
 t?vents which quickly followed the occupation of the posts 
 by the English, known as the Pontiac war. 
 
 PoNTiAC had conceived the great design of driving the 
 English at once and effectually from the country by a 
 destruction of their forts and strongholds. His plan was to 
 unite the various tribes in one grand confederacy, and by a 
 simultaneous attack on all the English posts to massacre the 
 garrisons, take possession of these posts, drive out the 
 British from the land, and secure the return of the French, 
 
 Pontiac called a grand council of warriors of the western 
 tribes, the Miamis, Ottawas, Chippewas, Wyandottes, Pot 
 ^awatamies, Mississagas, Shawanese, Outagamies, and the 
 Winnebagoes. These tribes were willing to join the confed 
 eracy, and when hostilities were commenced, every energ 
 was bent to their effectual prosecution, in that stern mo( 1 
 of savage warfare, which knows no mercy. 
 
 Before any suspicion had been excited on the part of the 
 English, the sanguinary war burst upon them like lightuin- 
 from the overcharged thunder-cloud. In the month of Zli: y . 
 
PROGRESS OF SETTLEMENTS IN THE NORTHWEST. G3 
 
 1763, the attack of the confederated Indians was made 
 mostly at the same time on all the British posts, eight of 
 which were captured, viz.: Ouiatenon, Michillimg.ck:inac, St. 
 Josephs, Miami, Sandusky, Presq' isle, Le Beuf, and Ve- 
 nango, and at Presq' isle, St. Josephs and Mackinac, and 
 there was a general slaughter of the garrisons. 
 
 The garrison of Michillimackinac at this time consisted of 
 ninety privates, two subalterns and the commandant, and 
 the English merchants at the fort were four in number. 
 Few entertained anxiety concerning the Indians, who had 
 no weapons but small arms. Meanwhile the Indians were 
 daily assembling in unusual numbers, but with every ap- 
 pearance of friendship, frequenting the fort, and disposing 
 of their peltries in such a manner that no fears of danger 
 existed. 
 
 The 4th of June was the king's birthday. In order to do 
 honor to the day, and add to the festivities, it was proposed 
 that the game of baggiteway, an Indian ball play, generally 
 called by the French lejeu de la crosse, should be played 
 between the Chippewas and Sacs for a high wager. The 
 game is played with a bat and ball; two posts are planted 
 in the ground about a mile apart, and each party having its 
 post, the object is to propel the ball, which is placed in the 
 center, toward the post of the adversary. To view this 
 game, Major Etherington, the commandant, who had 
 wagered on the side of the Chippewas, was not only present 
 himself, but all the garrison who could be induced, were by 
 some pretext drawn outside the pickets, in order to weaken 
 the defenses of the forts The stratagem of the Indians was 
 soon developed. 
 
 The design was to throw the ball over the pickets, which 
 was accomplished, and as in the heat of the game such an 
 event was not liable to excite any extraordinary alarm, so 
 the immediate and promiscuous rushing of the Indians into 
 the fort in pursuit of the ball was for a moment regarded as 
 a mere natural consequence. But in an instant the war-yell 
 was heard within the pickets, and the Indians were seen fu- 
 riously cutting down and scalping every Englishman whom 
 they could discover. No less than seventy soldiers, together 
 with Lieutenant Jewette, had been killed, and but twenty 
 Englishmen, including soldiers, were still alive. Capt. Exn 
 ERiNGTON and Lieut. Leslie escaped death by the bold intei- 
 
64 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 vention of Charles De Langlade, but were held as prisoners 
 by their savage captors. 
 
 The fort at Green Bay had received an English garrison 
 in 17G1, which consisted of seventeen men, under the com- 
 mand of Lieutenant Gorrell; but although it escaped the 
 fate of Michillimackinac, it was soon abandoned, by orders 
 of Major Etherington, and the garrison, with Lieutenant 
 Gorrell were afterwards escorted by a band of friendly 
 Indians to L'Arbre Croche, where they met with Major 
 Etherington and the remnant of his command, who were 
 still detained as prisoners. On the 18th of July, they were 
 liberated, and the whole party reached Montreal by way of 
 the Ottawa river, about the middle of August. Except the 
 garrison of Detroit, not a British soldier now remained in 
 the region of the lakes. 
 
 Detroit was then deemed the most important of the north- 
 western posts. PoNTiAC determined to undertake its cap- 
 ture in person. His forces consisted of eight hundred and 
 twenty warriors. The town was garrisoned by one hundred 
 and twenty-two men and eight officers, of whom Major 
 Gladwyn was commandant. Pontiac having failed to gain 
 possession of the post by stratagem, in consequence of the 
 treachery of a squaw who informed the commandant of his 
 plans, invested the post, and attempted to secure its capitu- 
 lation by siege. All the means which the savage mind 
 could suggest were employed by Pontiac to demolish the 
 settlement of Detroit. Blazing arrows were shot; a breach 
 was made in the pickets; floating fire rafts were constructed 
 and sent against the vessels lying in the river, supplies were 
 cut off, and the English were reduced to great distress from 
 the diminution of their rations. 
 
 The siege of Detroit continued for about a year. In the 
 month of June, 17G4, General Bradstreet arrived with a 
 force of three thousand men for the purpose of compelling 
 a peace. The tribes of Pontiac laid down their arms, and, 
 with the exception of the Delawares and Shawanese, con- 
 cluded a treaty of peace. Pontiac, however, took no part 
 in the negotiation, and soon after retired to the Illinois, 
 where he was killed in 1767, by a Peoria Indian. 
 
 The restoration of peace between the new masters of the 
 country and the Indian tribes, and the natural desire of the 
 English to reap the advantages of their new possessions, 
 were calculated to create expectations of a gradual if not 
 
PROGRESS OF SETTLEMENTS IN THE NORTHWEST. Go 
 
 speed}^ occupation and settlement of the countiy between 
 the great lakes and the Mississippi, but for a series of years, 
 extending to a period later than the termination of the 
 Revolutionary war, but little account of such improvements 
 is to be found. 
 
 When Capt. Carver visited Green Bay in 17GC, there had 
 been at that place no garrison since the fort was abandoned 
 by Lieut. Gorrell, three years before. A few families 
 lived in the fort and opposite to it on the east side of Fox 
 river. There were a few French settlers who cultivated the 
 land and appeared to live comfortably. 
 
 At the time Capt. Stirling, coming by the way of the 
 Ohio, established his headquarters at Fort Chartres, as 
 previously stated, in October, 1765, as commandant of the 
 Illinois country under the orders of Gen. Gage, commander- 
 in-chief of his Majesty's forces in America, the French 
 population of the whole country, from the Mississippi east- 
 ward to the Wabash, was probably not less than five 
 thousand persons, including about five hundred negro 
 slaves. Fort Chartres, subsequently^ called "Fort Gage," 
 was on the east bank of the Kaskaskia River, opposite the 
 town of Kaskaskia. 
 
 The relations between the French settlers in the Illinois 
 country and the neighboring Indian tribes were of the most 
 friendly character. Not so the relations between the Indians 
 and the Americans. At the commencement of the war of the 
 Revolution, and during its continuance, the savages of the 
 Northwest had been associated as allies of Great Britain, 
 and employed by the British commanders to lay waste the 
 whole frontier country. 
 
 Virginia claimed that the Illinois country, and of course 
 all the posts within it, including Detroit, were embraced by 
 her three royal charters. Patrick Henry was governor of 
 Virginia, and a secret expedition was set on foot for the 
 reduction of these posts under the authority of the governor 
 and executive council, which was prompted and guided by 
 the genius and enterprise of Col. George Rogers Clark. 
 
 Col. Clark assembled his force, consisting of six incom- 
 plete companies of fifty men each, at the Falls of the Ohio, 
 about the middle of June, 1778. On the :24th they descended 
 the river in keel- boats as far as Fort Massac. From Fort 
 Massac they crossed the country by land, and on the 4th of 
 July reached a point within two miles of Kaskaskia. In 
 5 
 
66 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 the dead of night, two divisions crossed the river, and were 
 instantly in possession of the town, while Col. Clark w ith 
 the remainder of his force with equal success captured the 
 fort, which was unconditionally surrendered to Rocheb- 
 
 LAVE. 
 
 The French inhabitants declared for the American cause, 
 and the Kaskaskians assisted in securing the submission of 
 their neigbors at Kahokia, which was successf idly obtained 
 on the Gth of July, 
 
 With the exception of Detroit, the post at Vincennes was 
 the most important. M. Gibault, the priest of Kaskaskia, 
 with the ready sanction of Col. Clakk, attempted by per- 
 suasion alone to induce the inhabitants to throw off their 
 forced connection with England, On the 1st of August he 
 returned with the intelligence that they had taken the oath 
 of allegiance to Virginia, Col. Clark established courts 
 and placed garrisons at Kaskaskia, Cahokia and Vincennes. 
 Treaties of amity were also entered into by Col. Clark in 
 the vicinity of all the Northwestern British posts. 
 
 In December, 1778, the British commander of Detroit, 
 Lieut.-Gov. Henry Hamilton, having collected all the force 
 in his power, arrived at Vincennes, and summoned the gar- 
 rison to surrender. The only occupants of the fort were 
 Capt. Helm, one private and three citizens. Capt. Helm, 
 making a show of resistance, was offered all the usual 
 honors of war. Gov. Hamilton took up his winter quarters 
 in the town and fort, with seventy-nine men. 
 
 In February, 1779, Col. Clark, with one hundred and 
 thirty men and forty pack-horseman, marched to Vincennes, 
 where he arrived on the 21st, and immediately invested the 
 fort and demanded its surrender. After a siege of three 
 days, in which only one American was wounded, and seven 
 British soldiers were severely wounded, if not killed, on the 
 24th of February, Col. Hamilton capitulated and surren- 
 dered the garrison as prisoners of war. He and seven other 
 prisoners were sent to Virginia, 
 
 A few days after, Capt. Helm, by order of Col. Clark, at 
 the head of sixty men, captured a convoy of merchandise 
 and army supplies, amounting to ten thousand pounds in 
 value, which was advancing by way of the Wabash from 
 Detroit, under an escort of forty men. 
 
 In the result of the enterprise and success of Col. Clark, 
 Virginia obtained possession of the territory claimed by her 
 
UNDER AMERICAN JURISDICTION. 67 
 
 — the great Northwest — at this day, comprising the states 
 of Ohio, Indiana, Ilhnois, Michigan, Wisconsin and a large 
 part of Minnesota, Hencefoi-th the Northwest remained in 
 a comparative degree of quiet during the progress of the 
 Revolutionary war, except the predatory excursions of the 
 Indians from this region, on the frontiers of the old states. 
 It exhibits few events worthy of attention, in regard to 
 organized government, production or commerce, and a total 
 barrenness, in relation to settlement and growth of popula- 
 tion. 
 
 CHAPTER VI. 
 
 UNDER AMERICAN JURISDICTION. 
 
 The " Ordinance for the government of the territory of 
 the United States, northwest of the river Ohio," adopted by 
 the Continental Congress, July 13, 1787, may be regarded as 
 the fundamental law which led the way to the wonderful 
 growth and prosperity of the states since formed from the 
 " Northwest Territory." 
 
 " Slavery or involuntary servitude," notwithstanding the 
 Gth article of this ordinance, continued to exist at Green 
 Bay. During the constant wars of the Indians, the Wis- 
 consin tribes made captives of the Pawnees and other 
 distant tribes who were consigned to servitude. Augustin 
 Grignon says in his " Recollections," that he personally knew 
 fourteen of these slaves, and that his grandfather, Charles 
 De Langlade, had two Indian slaves. It also appears 
 quite certain that negroes were held as slaves at Green Bay, 
 one of whom, Mr. Grignon says, was a boy, purchased by 
 Baptist Brunett from a St. Louis Indian trader, and that 
 the negro boy was taken away from Brunett as late as 
 1807, by Mr. Campbell, the Indian agent at Prairie du 
 Chien, in consequence of the cruel treatment inflicted upon 
 him. 
 
 The treaty of peace of 1783, Avas not accompanied by the 
 immediate surrender of the British posts to the American 
 authorities. More than ten years of diplomatic controversy 
 intervened before a great part of the disputes were in a 
 measure settled by Jay's treaty of 1794, and it was not until 
 
G8 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 two years later, that the posts in the Northwest were evacu- 
 ated by the British and deHvered up to the Americans under 
 the stipulations of that treaty. Some of the most cruel and 
 bloody wars with the Indians, which have ever been known 
 in the annals of American history, occurred during the five 
 years immediately preceding the treaty of Greenville, of 
 1795. In many of these wars, the American forces were 
 signally unsuccessful. They were, however, mostly in that 
 part of the Northwestern Territory, which was so distant 
 from the limits of the present state of Wisconsin, that they 
 are no farther connected with its history, than that history 
 is connected with whatever relates to the Northwestern 
 Territory. 
 
 The most signal of these reverses, was the defeat of Gen. 
 Haemar on the Maumee, in October, 1790, and the route of 
 Gen. St. Clair, on the head-waters of the Wabash, in 
 November, 179L In these and other engagements, the 
 Indians were undoubtedly aided and abetted by the British. 
 
 The subsequent campaigns were entrusted to Major-Gen. 
 Anthony Wayne, and were attended with signal success. 
 In August, 1794, on the Maumee, above Fort Defiance, was 
 fought one of the most successful and decisive battles ever 
 fought with western Indians, and tended more than any 
 other to humble the power and spirit of the hostile tribes. 
 The name of Gen. Wayne alone was a greater terror to 
 them than any army, for they looked upon him as a chief 
 who never slept and whom no art could surprise. The 
 campaign of 1794 put a close to Indian hostilities in the 
 Northwest, and the tribes soon began t.o evince a disposition 
 to enter into a permanent treaty of peace and friendship, 
 notwithstanding the opposition urged by the British agents. 
 Preliminary articles were signed at Fort Wayne, Januar.y 
 24th, 1795, by which it was agreed that a definitive treaty 
 should be made the next summer at Greenville. Accord- 
 ingly there had assembled at the latter place, eleven hun- 
 dred and thirty chiefs and warriors of the several nations 
 and tribes of the W3^andots, Delawares, Shawanese, Otta- 
 was, Chippewas, Pottawatamies, Miamis, Weas, Eel Rivers, 
 Kickapoos, Piankeshaws and Kaskaskias. The " great and 
 abiding peace document" was finally agreed upon and 
 signed on the 3d of August, 1795, by eighty- four chiefs, 
 representing these nations and tribes, and by Gen. Anthony 
 Wayne, sole commissioner on the part of the United States. 
 
UNDER AMERICAN JURISDICTION. G9 
 
 By the treaty of 1783, Great Britain relinquished to the 
 United States 'all the territory on the east side of the Mis- 
 sissippi, from its sources to the 31st parallel of north lati- 
 tude, which was the boundary of Florida on the north. The 
 United States claimed the free navigation of the river to its 
 mouth, by virtue of the treaty, as well as by a natural right 
 independent of treaty, to follow the current of their rivers to 
 the sea, as established by the laws of nations. 
 
 Great Britain had ceded to Spain all the Floridas, and 
 possessing all the territory on the west side of the river and 
 Florida on the east, the river for the last three hundred 
 miles flowed wholly within the dominions of Spain, His 
 Catholic Majesty therefore denied the right of the United 
 States to the free navigation of the river, and claimed for 
 Spain the exclusive right to the use of the river below the 
 southern limit of the United States. In the exercise of the 
 rights claimed by Spain, heavy duties were exacted of every 
 boat descending the river, which were as arbitrary as they 
 were unjust. 
 
 By the treaty of Madrid, which was signed October 20, 
 1795, boundaries were defined between the territories of the 
 United States and Spain, The treaty provided that the 
 middle of the Mississippi should be the western boundary of 
 the United States, from its source to the intersection of the 
 31st parallel of north latitude, and that the whole w^idth of 
 said river from its source to the sea should be free to the 
 people of the United States. 
 
 By treaty signed at Madrid, March 21, 1801, Spain granted 
 Louisiana to France. 
 
 In January, 1803, Egbert R. Livingston and James 
 Monroe were appointed ministers to the court of France, 
 and by the last of April in that year concluded a Treaty, 
 which was ratified in the following October, wdiich resulted 
 in the purchase, for sixty million francs, in six per cent, 
 bonds, of the whole of the province of Louisiana. Thus the 
 United States became possessed of the whole of the great 
 valley of the Mississippi, while Spain retained Mexico on the 
 west and southwest, and the Floridas on the southeast. The 
 Indian title to the lands in this vast region alone remained 
 to be extinguished. 
 
 On the 7th of May, 1800, the Northwest Territory was 
 divided and the new territory of Indiana established, em- 
 bracing the present states of Indiana, Illinois, Michigan, 
 
70 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 Wisconsin and Minnesota, east of the Mississippi, while on 
 the west the boundary was undefined, and the new Indiana 
 territory embraced "all that part of the territory of the 
 United States which lies to the westward of a line beginning 
 at the Ohio, opposite to the mouth of the Kentucky river, 
 and thence north until it shall intersect the territorial line 
 between the United States and Canada." 
 
 Gen. William Henry Harrison was appointed, in 1801, 
 governor of the newly organized territory. He made 
 several treaties on the part of the United States with differ- 
 ent Indian tribes, by which their possessory title to extensive 
 tracts of territory was extinguished. But the most im- 
 portant of all the treaties made by him was that with Sacs 
 and Foxes at St. Louis, on the dd of November, 1804. This 
 treaty was made and signed by only five individuals, on the 
 part of the Indians, and its validity was denied by one band 
 of the Sacs, of which Black Hawk was the chief, and the 
 cession of land made by it, and its occupancy by the whites, 
 became twenty-eight years afterward the alleged cause of 
 the Black Hawk war, which in its results materially aided 
 in the settlement of Wisconsin. 
 
 The boundaries of the land to which the Indian title was 
 extinguished by this treaty, if valid, are thus described: 
 
 " Beginning at a point on the Missouri River, opposite the mouth of Gasconade River; 
 thence in a direct course so as to strike the river Jeffreon (now called Salt River) at the dis- 
 tance of thirty miles from its mouth, and down the said Jeffreon to the Mississippi; 
 thence up the Mississippi to the mouth of the Wisconsin River, and up the same to a point 
 which shall be thirtj'-six miles in a direct line from the mouth of the said river (this point 
 is about three miles west of Muscoda, in Grant county); thence by a direct line to the 
 point where the Fox River (a branch of the Illinois) leaves the small lake called Sakaegan; 
 thence down the Fox River to the Illinois river, and down the same to the Mississippi." 
 
 The "small lake called Sakaegan" is supposed to be 
 Mukwanago lake, a little northeast of the village of Muk- 
 wanago in Waukesha county, of which Hon. Andrew E. 
 Elmore was an early inhabitant, and which gave to him 
 the title of " Sage of Mukwanago." There are, however, 
 different opinions as to which of the lakes discharging their 
 waters into Fox River was called " Sakaegan." The direct 
 line from the Wisconsin river to the Fox river, where it 
 leaves the Mukwanago lake, forming the northern boundary 
 of this cession, passes about three miles south of Madison, 
 through the Second lake (Waubesa) and crosses Eock river 
 about two miles above Fort Atkinson. These boundaries 
 
UNDER AMERICAN JURISDICTION. 71 
 
 embrace more than fifty million acres, the purchase price of 
 which was 
 
 " Gooels in hand to the amount of two thousand, two hundred and fifty -four dollars and 
 fifty cents and a yearly annuity of one thoTisand dollars, to be paid in goods valued at first 
 cost." 
 
 Two separate treaties were made at Portage des Sioux, 
 on the 12th day of September, 1815, by Wm. Clark, Ninian 
 Edwards and Augusts Chouteau, commissioners on the 
 part of the United States. One was with the '"' chiefs and 
 warriors of that portion of the Sac nation of Indians 
 residing on the Missouri river," in which tliey " assent '"' to 
 the treaty between the United States and the Sacs and 
 Foxes, concluded at St. Louis, November ?>, 1804, and they 
 " promise to do all in their power to re-establish and enforce 
 the same." The other was with the " king, chiefs and war- 
 riors of the Fox tribe or nation" in which they "assent to, 
 recognize, re-establish and confirm" the treaty of 1804 and 
 "promise to fulfill all the stipulations contained in the said 
 treaty, in favor of the said Fox tribe or nation." Neither of 
 these treaties was signed by Black Hawk. 
 
 On the 13th of May, 181G, a treaty w^as made at St. Louis, 
 by the same commissioners and the " chiefs and warriors of 
 the Sacs of Rock river and the adjacent country," which 
 recites that the Indians are " anxious to return to the habits 
 of peace and friendship." * * * « jy^ hereby uncon- 
 ditionally assent to, recognize, re-establish and confirm " 
 the treaty of 1804. This treaty was signed by twenty-two 
 of the " chiefs and warriors," among whom was Muck-e- 
 ta-ma-che-ka-ka. Black Sparrow Hawk. Although Black 
 Hawk " touched the quill " to this treaty, he afterward pre- 
 tended that he was ignorant of what he was doing, and 
 denied its obligatory force upon the Sacs of Rock river, of 
 which he was the head chief. 
 
 Soon after the treaty of 1804, Fort Madison was erected 
 by the United States troops, a short distance above the 
 mouth of the Des Moines river. 
 
 On the 9th of August, 1805, Lieut. Zebulon Pike left St. 
 Louis with a detatchment of soldiers under the orders of 
 government, on an exploring expedition in boats toward the 
 headwaters of the Mississippi. On the 23d of September 
 he held a council at St. Peters with the chiefs of the Mis- 
 sissippi bands, and obtained a grant of one hundred thou- 
 
73 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 sand acres for the purpose of military posts at St. Peters, the 
 Falls of St. Anthony and the mouth of the St. Croix. 
 
 Predatory excursions by the different Indian tribes were 
 frequently made, resulting in the murder of many of the 
 inhabitants in the Indiana Territory, which were owing 
 greatly to the baneful influence of Tecumthe and his 
 brother, the Shawanese Prophet, who were active in their 
 efforts to effect a union of all the tribes. But the first blood 
 spilled under public authority since the pacification of 
 Greenville in August, 1795, was at the memorable battle 
 of Tippecanoe, of which Gen. Harrison was pre-eminently 
 the hero, and in which Tecumthe fell. 
 
 The question " Who killed Tecumpseh?" has been much 
 discussed, but the weight of authorit}^, especially the testi- 
 mony of Gov. Cass, leaves but little doubt that he was killed 
 by the brave Col. Richard M. Johnson. This battle was 
 fought on the 7th of November, 1811, near the present city 
 of La Fayette, Indiana. The Americans had not more than 
 seven hundred efficient men, while the Indian force was at 
 least six hundred, and the estimate has been made at from 
 eight hundred to one thousand warriors. The result was a 
 complete route of the savage enemy, who fled in every direc- 
 tion and were pursued by the horsemen into the wood, as 
 far as they could proceed. According to the official returns, 
 the loss of the Americans was thirty-seven killed on the 
 field, among whom were Col. Daviess, of Kentucky, and 
 Cols. Owen and White, of Indiana, twenty-five mortall}^ 
 wounded and one hundred and twenty-six wounded. Of the 
 Indians, forty were left dead on the field, and how many 
 others were killed or wounded, mortally or otherwise, is un- 
 known. 
 
 This sanguinary battle was the beginning of the war 
 declared against Great Britain the next year, and the Indian 
 tribes inhabiting the country south and west of the great 
 lakes, immediately flew to arms and sought the aid of their 
 allies, the English in Canada, of which they had previously 
 received assurances, and they now began to threaten all the 
 American border population and the posts in Ohio, Indiana 
 and Michigan territory, as well as the northwestern confines 
 of Pennsylvania and New York. 
 
 Previous to the war of 1812, it was the policy of the British 
 government to keep alive the bitter feelings of the Indians 
 against the Americans, which it did by means of the Indian 
 
UNDER AMERICAN JURISDICTION. 73 
 
 traders without openly violating its peaceful relations to our 
 government. 
 
 One of these traders, whose principal trading post was at 
 Prairie du Chien, was a talented Englishman named Col. 
 Robert Dickson. Soon after the congressional declaration 
 of war in 1813, Col. Dickson arrived at Green Bay with a 
 party of about one hundred Sioux. To this party were 
 joined the Menomonee chief Tomah and about one hundred 
 of his tribe, and also a larger band of Winnebagoes. The 
 whole body moved forward to Mackinaw, and took part in 
 its capture. 
 
 Lieut. Hanks was in command of the American forces at 
 Mackinaw, consisting of only fifty-seven effective men. He 
 had no knowledge that war existed until he was attacked 
 on the 17th of July by a force of British, Canadians and 
 Indians, numbering in all more than one thousand, and was 
 compelled to surrender his men as prisoners of war, who 
 were discharged on parole. The Sioux and Winnebagoes 
 first returned, and Tomah with his Menomonees in the 
 autumn. 
 
 Early in the spring of 1813 the Menomonee chief Soultgny 
 and The White Elk, with about fifty warriors^ were engaged 
 in the hard fighting at Fort Meigs, and soon after returned 
 to Green Bay. 
 
 Later in the season. Col. Dickson assembled a force of 
 Indian warriors, among whom were Tomah and about 
 fifty of his band; Black Hawk, with a band of two hun- 
 dred Sac warriors, and other Indians consisting of Pot- 
 tawatamies, Kickapoos, Ottawas and Winnebagoes, the 
 whole force numbering about five hundred. Col. Dickson, 
 with his Indians, passing Chicago, v/hich had l)een evacu- 
 ated, reached Fort Meigs, where little was to be done, and 
 after some slight skirmishing, retired to Detroit. Some 
 portion of Dickson's forces now returned to Green Bay, 
 and he led the remainder to Sandusky and aided in the 
 attack of the fort, which was so gallantly defended by 
 Maj. George Croghan. Black Hawk and his followers 
 then returned to Rock river, and nothing more is heard of 
 Col. Dickson and his Indian force. 
 
 The surrender of Detroit by Gen. Hull, was the crown- 
 ing misfortune that befell the American cause in this 
 quarter of the seat of war. Hull was afterwards tried 
 by a court martial, found guilty of cowardice, and sen- 
 
74 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 tenced to be shot. He was, however, pardoned by the 
 president, but deprived of all military command. 
 ♦ Gen. Hull had informed Capt. Heald, commander of 
 the post of Fort Dearborn, Chicago, of the loss of Macki- 
 naw, and directed him to retire with his garrison to Fort 
 Wayne. On the 15th of August, Capt. Heald proceeded 
 to obey these orders with fifty-four regulars and twelve 
 militia, escorted by a guard of about thirty Miamis, under 
 the command of Capt. Wells, who had been sent from Fort 
 Wayne for that purpose. The evacuating party had pro- 
 ceeded on their way along the lake shore a little more than 
 a mile, when they were attacked by the Pottawatamies, 
 numbering four or five hundred, under Black Bird. Capt. 
 Wells and other officers, twenty-six regulars, all the 
 militia, with two women and twelve children, were all 
 killed. Capt. Heald and his wife were severely wounded. 
 To-PEN-E-BEE, the Grand Sachem of the Pottawatamies, was 
 prevailed upon by John B. Chadanau and Joseph Ber- 
 TRAND to spare their lives, and they with the few other sur- 
 vivors, were taken back as prisoners to Fort Dearborn, which 
 the Indians burned the next day. During the continuance of 
 the war with Great Britain, Wisconsin presented but a small 
 theatre for action; there was, however, a conflict for the pos- 
 session of our frontier posts. 
 
 The work of repairing the old fort at Prairie du Chien, and 
 its recapture by the British under Col. McKay, will be de- 
 scribed in a chapter devoted to Prairie du Chien. 
 
 While Col. McKay was engaged in capturing the Fort 
 at Prairie du Chien, Major Campbell had ascended the 
 river from St. Louis, with a squadron of boats and a 
 detachment of United States troops, for the purpose of 
 re-enforcing the garrison at that place. When he arrived 
 at Rock Island, he learned that the fort had been captured, 
 and the expedition returned down the river, not, however, 
 until after an attack by the Indians, in which one of the 
 boats was captured, several men were killed, and Major 
 Campbell and several others were wounded. 
 
 Soon after this event the British commander at Prairie du 
 Chien, then called Fort McKay, descended the river with a 
 detachment of soldiers and two field-pieces. The guns were 
 placed in position at Rock Island to prevent the passage of 
 the river by any force which might attempt it. 
 
 In 181G, the war with Great Britain having terminated in 
 
UNDER AMERICAN JURISDICTION. ' 75 
 
 the treaty of peace, the constraction of Fort Armstrong was 
 commenced by United States troops at Rock Island, and a 
 few settlers soon followed, who commenced making im- 
 provements, although the Indians had not yet removed. 
 
 In the period between 1815 and 1820, Capt. John Shaw 
 made eight trips in a trading boat from St. Louis to Prairie 
 du Chien, and visited the lead mines where the city of 
 Galena now is, and where the Indians smelted the lead in 
 rude furnaces of their own construction, and at one time 
 Mr. Shaw carried away seventy tons, which they had pro- 
 duced from the ores obtained by themselves in their rude 
 and primitive modes. Capt. Shaw afterwards lived in 
 Green Lake county, in this state, where he died August 31, 
 1871, in his 89th year. He was never married. 
 
 The rapids in the Mississippi river immediately above the 
 mouth of Rock river and of the Des Moines river, known as 
 the Rock river rapids and the Des Moines rapids, were a 
 serious obstruction to the navigation of the great river, and 
 until 1821 it was believed that a steamboat could not ascend 
 them. In the spring of that year, the water in the river 
 being high, David G. Bates, who had for several years been 
 engaged in running keel boats on the upper Mississippi, 
 brought over the rapids a boat called the Putnam, which was 
 one of the smallest class of boats that run the Ohio river in 
 low water, and was the first to make the through trip from 
 St. Louis to Prairie du Chien and Fort Snelling. In June 
 following, boats of a larger class made the same trip, and 
 since then the river has been navigated to St. Paul and Fort 
 Snelling by steamboats, which have every year increased in 
 size and convenience. 
 
 The commanding importance of the pine lumbering inter- 
 ests of Wisconsin is justly calculated to incite inquiry as 
 to their early development and later progress. Lumber in 
 large quantities is manufactured on all the streams that 
 empty into Green Bay ; also on the Mississippi at and 
 above the Falls of St. Anthony, and on the Wisconsin, 
 Black, Chippewa, and St. Croix rivers and their tributaries. 
 The construction of the first mills was in the vicinity of 
 Green Bay. The next attempts were on Black river. In 
 1819, Constant A. Andrews, with one Dixon, built a saw- 
 mill at the falls of Black river, in which undertaking Col. 
 John Shaw was in some way connected with them. Gov. 
 McNair, of Missouri, who was sutler at Prairie du Chien, 
 
76 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 and Wilfred Owens, who had charge of the business, fur- 
 nished the capital, and were interested in the enterprise. 
 
 Authority to build the mill was obtained from the Sioux 
 Indians ; but the Winnebagoes claimed that the site was 
 within their domain. By the time the mill was in opera- 
 tion, hundreds of Winnebagoes came there in a starving con- 
 dition, and took from the adventurers all the food they had to 
 eat, and all their blankets, and they were compelled to leave 
 the mill, and the next year it was burned and abandoned. 
 
 About the year 1822 a man by the name of Hardin Per- 
 kins came to Prairie du Chien from Kentucky, for the 
 purpose of building a saw-mill in the Indian country. He in- 
 duced James H. Lockwood and Joseph Rolette to furnish 
 the necessary capital and obtain the consent of the Indians 
 and Indian agent. 
 
 The consent of Wabashaw's band of Sioux, who claimed 
 the Chippewa river country, and that of Maj. Taliaferro, 
 then agent for the Sioux Indians, having been procured, 
 Perkins proceeded to the Red Cedar, a branch of the Chip- 
 pewa, also known as the Menomonee river, and near the 
 mouth of a small stream running into the Menomonee, 
 about fifteen miles above its junction with the Chippewa 
 river, he erected a saw-mill. 
 
 The surveys of the public lands, since made, show that 
 the site of this mill was on the northwest quarter of section 
 26, town 28, range 13 west, in Dunn county, and is identical 
 with the site of the shingle mill of Knapp, Stout & Co., at 
 the village of Menomonee, in Dunn county. 
 
 The mill erected by Perkins was about 150 feet from the 
 mouth of the small stream, which is now known as Wilson 
 creek. The large water-power saw-mill of Knapp, Stout & 
 Co. is on the main (Menomonee) river, about 100 feet below 
 the mouth of Wilson creek, and about seventy-five or eighty 
 yards from the site of the first mill, built by Perkins. 
 
 When the Perkins mill was nearly completed — so near 
 that he expected to commence sawing in a very few days — 
 a sudden freshet came and swept away the dam, mill, and 
 appendages, and the enterprise was abandoned. 
 
 In May, 1830, Messrs. Lockwood and Rolette, by permis- 
 sion of the Secretary of War and the consent of the 
 Indians, under the superintendency of a man named Arm- 
 strong, rebuilt the mill, with a slight change of the site, but 
 with the dam rebuilt where the first one was. 
 
GREEN BAY — 1634 TO 1836. 77 
 
 CHAPTER YII. 
 
 GREEN BAY — 1634 TO 183G. 
 
 Up to the time when the British took possession of 
 the west there were within the present boundaries of Wis- 
 consin few white inhabitants. 
 
 The two settlements, at Green Bay and Prairie du Chien, 
 the one where the Fox river debouches into Green Bay, and 
 the other near the junction of the Wisconsin river with the 
 Mississippi, and being respectively the termini of the great 
 natural highway between the lakes and the Father of 
 Waters, were the earliest abodes of civilization within the 
 limits of the state, the occupation of which became perma- 
 nent. 
 
 The earliest settlement was at Green Bay. Nicollet, 
 with his voyageurs, was the first white man who trod its 
 soil. He visited Green Bay as early as 1G34, ascended Fox 
 river, and was at the Wisconsin river. 
 
 As early as 1654, Lake Superior was visited by fur traders 
 from Montreal, and at some time between that date and 
 1659 they pressed forward to Green Bay, where furs were 
 abundant. 
 
 In 1660 Father Mesnard, who was lost in the forests of 
 Lake Superior, had been charged by the bishop of Quebec 
 to visit Green Bay, a mission which his sad fate prevented 
 his fulfilling. 
 
 In 1669, Father Allouez, having previously established a 
 mission at Che-goi-me-gon, exchanged it with Father Mar- 
 quette for a new mission which he established that year at 
 or near Green Bay, probably at De Pere, and which subse- 
 quently was called the mission of St. Francis Xavier. 
 
 The precise date of the establishment of the first fortifica- 
 tion at Green Bay — which was called St. Francis — is in- 
 volved in some obscurity. The foundations of the fort at 
 Mackinaw, on the peninsula, were laid by Marquette in 
 1671, and other fortified posts about this period were estab- 
 lished at Green Bay, Chicago, St. Josephs, Sault St, Mary, 
 and Detroit. In 1680 Tonti commanded at Green Bay and 
 had a small detachment of men under him. Soon after him 
 came Lieut. Du Lhut, who had a small troop under his com- 
 
78 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 mand. It was a dependency of Mackinaw and was easily 
 and speedily re-enforced from that post. 
 
 On the IGth of May, 1673, Marquette and Joliet em- 
 barked from the mission station at Green Bay, on their 
 voyage up the Fox and down the Wisconsin, which resulted 
 in the discovery of the Mississippi river; and returned to 
 Green Bay by the route of the Illinois and Chicago rivers, 
 before the end of September of the same year. The ensu- 
 ing winter and following summer were spent by Marquette, 
 in sickness, at the mission of St. Francis Xavier. 
 
 In the autumn of 1680 Hennepin and Du Lhut reached 
 the mission near Green Bay, where they spent the winter. 
 It was during this winter that La Salle made a journey on 
 foot from Fort Crevecoeur, on the Illinois river, to Green 
 Bay. 
 
 History is barren of any important events which occurred 
 at Green Bay during the next thirty or forty years. The 
 little garrison was probably there in 1716, at the time of De 
 Louvigny's expedition against the Foxes, as it certainly 
 was when De Lignery made his fruitless expedition in 
 1728. In 1746 Capt. De Velie was in coinmand of the gar- 
 rison, and was relieved that year by a new commandant. 
 The garrison was withdrawn before the breaking out of the 
 French war in 1754. 
 
 The year 1745 was marked by the permanent settlement 
 at Green Bay of Sieur Augustin de Langlade and his fam- 
 ily. With the De Langlades came but a few settlers be- 
 sides their own family. M. Souligny and his wife — the 
 daughter of Augustin de Langlade — came with the family, 
 and they were joined by Mons. Caron, who spent the remain- 
 der of his days there. The whole number of which the 
 colony consisted did not exceed eight persons. A black- 
 smith named Lammiot came soon after. 
 
 On the 12th October, 1761, Capt. BELFOUR,of the Eightieth 
 Regiment of British infantry, arrived at Green Bay with 
 Lieut. James Gorrell, one sergeant, one corporal, fifteen 
 privates, a French interpreter, and two English traders 
 whose names were McKay, from Albany, and Goddard, 
 from Montreal. On the 14th, Capt. Belfour returned, leav- 
 ing the post — afterward called Fort Edward Augustus— in 
 charge of Lieut. Gorrell, who, with the seventeen men 
 under his charge, busied themselves during the winter in 
 repairing the fort, houses, etc. 
 
GREEN BAY — 1634 TO 1836. 79 
 
 On the 2Gth of June, 17G3, Lieut. Gorrell, in pursuance 
 of instructions from Capt. Etherington, who had been sur- 
 prised by the Chippewas, at Mackinaw, abandoned his post 
 at Green Bay and set off with all his garrison and the 
 English traders, and a strong guard of friendly Indians, to 
 join Capt. Etherington, which they did on the ;JOth of June, 
 at an Ottawa village about thirty miles above Mackinaw. 
 
 For forty years after the advent of the De Langlades the 
 settlement at Green Bay made but little progress. In 1785 
 there were but seven families, who, with their engages and 
 others, did not exceed fifty-six souls. 
 
 The heads of these seven families were Charles De Lang- 
 lade, Pierre Grignon, Sr., Laqral, Baptist Brunet, 
 
 Amable Roy, Joseph Roy and Marchand. All the 
 
 trading was on the east side of the river and was all carried 
 on by, Mr. Grignon and Marchand, and all the residences 
 were on the same side except those of Brunet, Laqral and 
 Joseph Roy who lived on the west side. 
 
 The first settler who arrived after this date was Jacques 
 (James) Porlier from Montreal, who came in 1791. Of him 
 Gen. Ellis says " of all men of French origin at the Bay, 
 when I arrived there (1822), Judge James Porlier stood 
 foremost. " 
 
 The next year, Charles Reaume arrived and took up his 
 residence at the Bay. He was a very noted and most sing- 
 ular character. He long held the office of Justice of the 
 Peace, and it has been often said that no person could tell 
 when his official duties first devolved upon him, nor from 
 whence his authority was derived. But it appears reason- 
 ably certain that his first commission was derived from the 
 British authorities at Detroit before the surrender of that 
 post in 1796, and that he subsequently received a similar 
 commission from Genl. Harrison, Governor of Indiana 
 Territory. Many amusing anecdotes are related of the 
 manner in which he discharged his official duties, and it is 
 well authenticated that the only process of the court was 
 the judge's jack knife, which served at once as the token 
 and authority by which all defendants were brought under 
 his jurisdiction. In 1818 he was appointed one of the asso- 
 ciate justices of the court by Gov. Cass, and the same year 
 moved to Little Kaukalin, about ten miles above Green 
 Bay, where he died in 1822. 
 In the last years of the last century several other settlers 
 
80 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 began to arrive, almost invariably from Canada. Among 
 them, John Lawe came in the summer of 1797. The total 
 population in 1812 had increased to as many as two hundred 
 and fifty, among whom the most prominent families not 
 before mentioned were Duchano, Gravel, Chevalier, 
 Chalifoux, Houlrich, Franks, Brisqun, Vieau, Car- 
 drone, DousMAN, Carbounsau, Vaun, Houll, Jacobs, 
 Garriepy, Bauprez, Ducharme, L ANGEVIN, Hyotte, Nor- 
 man, Lavigne, Bonneterre, Boucher, Le Boeuf, The- 
 beau, Dumond, Fortier, La Rock, and Jourdin, 
 
 About 1794 the trading house of Ogilvie, Gillaspie & Co. 
 was established, which three years later gave place to 
 Jacob Frank's, of which John Lawe subsequently became 
 proprietor. 
 
 It is a great mistake to suppose that the Indian traders — 
 at least those of any character — took what they pleased and 
 kept no account with the natives. As to Judge Lawe's 
 practice, the Indians, on taking his credit in the fall, high 
 or low, each individual had an account, bona fide, opened 
 with him on his books, as formal and precise in all respects 
 as the sharpest white man in which he was debited his 
 blanket, stroud, calico, powder, shot, thread, pipes, tobacco 
 and flints as carefully as possible. On his appearance in 
 the spring with his peltries, he was duly credited with pay- 
 ment, not in the gross, or by the lump, but every skin was 
 counted, separating the prime from the poor, and each kind 
 from the other with exactness, with different prices, accord- 
 ing to value, so that the Indian knew exactly how his 
 account stood. 
 
 Except the indispensable blacksmith there were no me- 
 chanics at Green Bay before 181G, besides Augustin Thi- 
 BEAU, a carpenter, who came in 1800. 
 
 The earliest mill was erected by Jacob Franks about the 
 year 1809. He first built a saw-mill on Devil river, two or 
 three miles east of Depere, and then a grist-mill with one 
 run of stones. 
 
 John Bowyer of Virginia, was in 1^15, sent as Govern- 
 ment Indian Agent and Matthew Irwin of Pennsylvania, 
 as factor, to reside at Green Bay. 
 
 In 1816 the government caused a saw-mill to be erected at 
 the Little Kau-kau-lin. 
 
 The various kinds of domestic animals were in use from 
 
GREEN BAY — 1634 TO 1836. 81 
 
 soon after the settlement by the Langlades, and garden 
 vegetables and cereals were also produced in abundance. 
 
 Fort Howard was established in ISIG, the quarters of the 
 officers and soldiers having been prepared by Gen. (then 
 Major) Charles Gratiot of the engineer corps. On the 
 16th of July Col. John Miller in command of a detach- 
 ment of troops, which it required three schooners to trans- 
 port, having Major Gratiot in company, landed with his 
 troops on the west side of Fox River at its junction with 
 Green Bay, to the great wonder and surprise of the inhabit- 
 ants. The troops pitched their tents near where the fort 
 was subsequently erected, and it was about two months be- 
 fore they got houses and barracks ready for occupation. 
 Col. Miller returned during that year to Detroit, leaving 
 the post and troops in command of Col. Chambers. 
 
 In 1820, the troops under command of Col. Joseph L. 
 Smith were removed two and a half miles up the river, to 
 an eminence on the right bank, which he named Camp 
 Smith, and where he had built a stockade and indifferent 
 barracks. 
 
 Col. Smith was the father of Hon. Winfield Smith, of 
 Milwaukee. He was superseded in command by Col. 
 NiNiAN PiNKNEY in the fall of 1822, by whose orders the 
 troops were then moved back to Fort Howard, which was 
 fully repaired, and thenceforward made the rendezvous for 
 all the troops and army operations of the upper country. 
 
 In the fall of 1823 Col. John McNeill succeeded Col. 
 PiNKNEY, and was himself relieved the next year by Gen. 
 Hugh Brady. 
 
 During the two years that Col. Smith occupied Camp 
 Smith — which was half a mile back from the river — the fol- 
 lowers of the army had ensconced themselves along the river 
 bank, just below and in front of the stockade, where they 
 had erected numerous sheds, or shanties, in which were 
 gathered various articles of trade. This little nondf^script 
 village obtained the sobriquet of " Shantytown," which the 
 locality wears to the present time. It had three principal 
 traders — Robert Irwin, Jr., who had built a good residence; 
 Daniel Whitney, the most enterprising trader in the north- 
 west, who had erected a good store and filled it with goods, 
 and William Dickinson, who was a pushing trader, and 
 who built a store and dwelling house. 
 
82 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 Henry S. Baird, having resided at Mackinaw two years 
 previously, removed with his wife to Green Baj'" in Septem- 
 ber, 1824, and soon after built and occupied a house at Shan- 
 tytown, and a little later Judge James D. Doty built a fine 
 dwelling just above. A court house and jail — the first west 
 of Lake Michigan — were erected here. 
 
 In 1829 the Green Bay mission school, under the fostering 
 care of the Protestant Episcopal Church, was opened under 
 the care of Kev. Richard F. Cable, superintendent, who was 
 the earliest permanent resident missionary of the Episcopal 
 church west of Lake Michigan. By an act of the Legisla- 
 ture of 1833, children could be received by indenture and 
 educated and brought up by the school. Mr. Cable con- 
 tinued in charge of the mission school until February, 1834, 
 when, feeling aggrieved at some complaints which were 
 made in relation to his punishment of some of the children, 
 he withdrew from its immediate superintendence. The 
 school was devoted principally to the education of the 
 children of the poor, and rendered a valuable service to the 
 community. 
 
 By an act of the Legislative Council, approved October 21, 
 1829, the first Protestant Episcopal church west of Lake 
 Michigan was incorporated. The act prescribed "That 
 Richarb F. Cable, as rector; Daniel Whitney and Albert 
 G. Ellis, as wardens; James D. Doty, William Dickinson, 
 John Lawe, Alexanber J. Irwin, John P. Arnbt, Samuel 
 W. Be ALE, Robert Irwin, Jr., and Henry'" S. Bairb as ves- 
 trymen," be incorporated by the name of "The Rector, 
 Wardens, and Vestry of Christ Church, Green Bay." 
 
 Rev. Mr. Cable rendered his clerical services for a long 
 time to this church gratuitously, and in January, 1834, a 
 vote of thanks was given to him by the wardens and vestry. 
 
 The first newspaper printed in the territory which now 
 constitutes the State, was published at Green Bay on the 
 the 11th of December, 1833, by J. V. Suybam and Albert G. 
 Ellis. Its title at first was Green Bay Intelligencer^ and 
 after the twentieth number there was added to its title 
 Wisconsin Democrat. The size of the sheet was twelve 
 inches by eighteen, contained four pages with four columns 
 in each page, each column two and one half inches by fif- 
 teen. It was published semi-monthly, and the subscription 
 price was two dollars per annum. After the fourth number 
 Mr. SuY'BAM withdrew his connection with the paper and it 
 
GREEN BAY — 1634 TO 1836. 83 
 
 was continued by Mr. Ellis alone until the twenty-first 
 number, on the 27th of June, 1835, when Charles C. P. 
 Arndt was associated with Mr. Ellis, and continued the 
 connection through the second volume. Owing mainly to 
 the difficulty of obtaining materials and skilled labor, the 
 publication was suspended from April IG, 1834, to August 
 2d, and again from August 21, 1834, to April 9, 1835, with 
 the exception of one number, October 9, 1834.^ The first 
 volume, No. 2G, was completed September 5, 1835. 
 
 The second volume vv^as commenced as a weekly by 
 Messrs. Ellis and Arndt September 12, 1835, and continued 
 with much greater regularity. 
 
 About the first of August, 1835, a new weekly paper of 
 somewhat larger dimensions appeared, published by Will- 
 iam Stevenson, under the title of Wisconsin Free Press. 
 
 After the second volume of the Intelligencer and Demo- 
 crat, the paper passed into the control of Charles C. 
 Sholes, by whom it was greatly enlarged, and edited and 
 published under the title of Wisconsin Democrat. 
 
 Subsequently, commencing in October, 1842, the Green 
 Bay Republican was published by Henry O. Sholes. 
 
 In 1830 the Indian agency was fixed at this place, under 
 Major Brevoort. The erection of a church edifice and 
 school building by the Roman Catholics in charge of Father 
 Gabriel Richard soon followed. Father Richard was 
 afterward the Delegate in Congress for Michigan Territory. 
 A few years subsequently, commencing in 1832, Navarino 
 and Astor below, and Depere above, absorbed the trade, as 
 well as the inhabitants of Shantytown, and its existence 
 was only in name. 
 
 Mr. Baird in his " Recollections " published in the 4th 
 Vol. of the Coll. of St. Hist. Soc, p. 197, says: 
 
 " There were in lSi;4 at Green Bay but six or eight resident American families, and the 
 Famihes of the officers stationed at Fort Howard, in number about the same. The char- 
 ncter of the people was a compound of civilization and primitive simplicity exhibiting the 
 light and hvely characteristics of the French and the thoughtlessness and improvidence 
 of the Aborigines. Possessing the virtues of hospitality, and the warmth of heart unknown 
 to residents of cities; untrammelled by the etiquet and conventional rules of modern 
 'high life,' they were ever ready to receive and entertain their friends and more hitent 
 upon the enjoyment of the present than to lay up store or make provision for the future. 
 * * * They deserve to be remembered and placed on the pages of history, as the first 
 real x>ioneers of Wisconsin. " 
 
 Ebenezer Childs arrived at Green Bay in May, 1820, 
 being then twenty-three years of age. He was a carpenter. 
 
84 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 In 1821 he went to St. Louis in a bark canoe by the Fox and 
 Wisconsin Rivers, and returned by the Illinois and Chicago 
 Rivers. John P. Arndt and family came to the Bay about 
 1825, and in 1827 he and Col. Childs built a saw-mill on 
 the Oconto river. The same year Col. Childs with a son of 
 Judge Arndt, went to the southern part of Illinois, where 
 they bought a drove of 262 cattle, of which they succeeded 
 in driving 210 safely to Green Bay. In 1829 Col. Childs was 
 appointed Sheriff of Brown county, and held the office until 
 183G, when he resigned it and was elected to the Territorial 
 Legislature. He was repeatedly re-elected. In 1852 he 
 removed to La Crosse where he spent the remainder of his 
 days. 
 
 Gen. Albert G. Ellis, who was born August 24, 1800, 
 arrived at Green Bay the 1st of September, 1822. For about 
 six years he was engaged in teaching school, at the same 
 time performing the services of the Episcopal church as a 
 lay reader. In 1828 he was appointed Deputy U. S. Sur- 
 veyor and surveyed the private land claims at the Grand 
 Kaukalin, and the Williams' grant at the Little Kaukalin, 
 and at a future day was largely engaged in surveying the 
 public lands. 
 
 Gen. Ellis, who in connection with John V. Suydam 
 commenced the publication of the first newspaper printed 
 within the present limits of Wisconsin, was a member of 
 the first and of several subsequent Territorial Legislatures 
 and was elected speaker in 1842-3. In 1838, he was ap- 
 pointed by President Van Buren, Surveyor General of Wis- 
 consin and Iowa. When a Land Office was established at 
 Stevens Point in 1853, he was appointed Receiver of Public 
 Moneys and removed to that place where he has ever since 
 lived. 
 
 James Duane Doty came to Detroit in 1818. In 1820 in 
 company with Governor Cass, he went on an expedition to 
 the sources of the Mississippi River. On the 20th of Janu- 
 ary, 1823, an act of Congress was passed "to provide for the 
 appointment of an additional Judge for the Michigan Ter- 
 ritory." Mr. Doty was appointed to this office by President 
 Monroe. In the fall of 1823 he went to Prairie du Chien for 
 the purpose of making it his residence, and remained there 
 until the following May term of his court. During that 
 time he procured the establishment of a post-office there 
 and was appointed postmaster. 
 
GREEN BAY— 1634 TO 1846. 85 
 
 Judge Doty removed to Green Bay in 1824, and continued 
 to reside there until 1S41, when, having been appointed 
 Governor of the Territory, he removed to Madison where he 
 lived until 1844, when he was succeeded by N. P. Tallmadge 
 and removed to Doty's Island, between Neenah and Me- 
 nasha. In 18G1, he was appointed Superintendent of Indian 
 Affairs for Utah, where he immediately removed. He was 
 subsequently appointed Governor of that Territory, and 
 continued to reside there until his death on the 13th of 
 June, 18G5. 
 
 Judge Doty was repeatedly elected Delegate in Congress 
 for the Territory of Wisconsin, and was appointed Governor 
 of the Territory in 1841. After the admission of the State 
 into the Union, he w^as twice elected a member of the House 
 of Representatives. He was a member from Winnebago 
 county of the convention which framed the first constitu- 
 tion. 
 
 Morgan L. Martin came to Green Bay in 1827 where he 
 has ever since resided; he was a lawyer of distinction, and 
 more recently Judge of the County Court of Brown county 
 with civil jurisdiction. He was for many years a member 
 of the Territorial Legislature, and in 1845 was elected 
 Delegate in Congress for the Territory. He was a member 
 and President of the convention which framed the present 
 constitution of the State, and has since been a member of 
 the State Legislature. 
 
 Green Bay owed much of its progress and prosperity to 
 the citizens whom we have particularly mentioned; as it 
 did also to many others who are not specifically named. 
 
86 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 CHAPTER VIIL 
 
 PRAIRIE DU CHIEN. 
 
 The time of the first settlement, and even of the first visi- 
 tation, of Prairie du Chien, by any white man, is involved 
 in uncertainty. 
 
 It is presumed that Hennepin, in 1G80, was the first civil- 
 ized human being to behold this site of rare natural beauty. 
 It could not have escaped his notice; but as he makes no 
 mention of it, the inference is legitimate that it was not 
 then occupied even as an Indian village. 
 
 It is not remarkable that Marquette and Joliet, in their 
 descent of the Wisconsin river into the Mississippi, in 1673, 
 should not have visited or seen it, as it was three or four 
 miles above the route they must have taken, and obscured 
 from their view by the trees and vegetation upon the bank 
 and islands of the Wisconsin river. 
 
 It would seem that there was a military post on the Mis- 
 sissippi, near the Wisconsin river, as early as 1G89 — prob- 
 ably at Prairie du Chien — as the ofiicial document of the 
 French taking possession of the Upper Mississippi, by 
 Nicholas Perrot, May 8, 1689, has among the witnesses 
 " Monsieur De Borieguillot, commanding the French in 
 the neighborhood of the Ouiskonche, on the Mississippi." 
 
 It is stated by Rev. Alfred Brunson, " as well as I (he) 
 can ascertain," that the first settlement at Prairie du Chien 
 was made by a trader or hunter, whose name was Cardi- 
 nelle, who, with his wife, came from Canada in 1726, and 
 made a small farm. The tradition about this settlement, so 
 far as relates to the date, is very questionable. 
 
 After the death of this man, the date of which is not 
 known, his wife was again and repeatedly married, and 
 finally died at this place as recently as 1827, and is supposed 
 to have attained the great age of one hundred and thirty 
 years. 
 
 The name of the next settler, according to Dr. Brunson, 
 was Ganier, whose descendants still remain there. 
 
 About the year 1737 a French trading post was established, 
 and a stockade built around the buildings to protect them 
 from the Indians, and occasionally a voyageur got married 
 and settled down on a piece of land; but little progress or 
 
PRAIRIE DU CHIEN. 37 
 
 improvement was made in the place so long as its business 
 was limited to Indian trade; for whatever enterprise the 
 Indian trader possessed in his normal pursuit, he had none 
 which tended to the development and settlement of the 
 country. 
 
 It is said in a report made in 1818 to the house of Repre- 
 sentatives of the United States, by the committee on public 
 lands, of which Hon. George Robertson, of Kentucky, a 
 very able and careful writer, was chairman, that in the 
 year 1755 the government of France established a military 
 post near the mouth of the Ouisconsin; that many French 
 families established themselves in the neighborhood and 
 established the village of Prairie du Chien. 
 
 But some doubt is cast over this statement by the omis- 
 sion of Capt. Carver, in his " Travels," to make any men- 
 tion of there being any white inhabitants at the place when 
 he visited it in 17GG, although he describes the large Indian 
 town, to which the Indians had removed about thirty years 
 before, from their village on the Wisconsin, about five miles 
 above its mouth, and he says that the traders who had ac- 
 companied him, took up their residence for the winter at 
 the Yellow river, on the opposite side of the Mississippi, 
 only about ten miles above Prairie du Chien, This they 
 certainly would not have done if there had been a settle- 
 ment of whites near the mouth of the Wisconsin river. 
 
 It does not appear probable that the trading post and 
 stockade established in 1737 — if any such were established — ■ 
 or the military post established in 1755 by the French gov- 
 ernment, if any was then established, were permanently 
 maintained, or that either had any existence as late as 1780 
 or 1781. There was a tradition among the old settlers, testi- 
 fied to in 1820, in the testimony taken in relation to private 
 land claims, that the old fort was burned in 1777. 
 
 It appears quite certain that in 1781 Gov. Patrick Sin- 
 clair, of Mackinaw, at a treaty with the Indians, purchased 
 their right and title to Mackinaw, Green Bay and Prairie 
 du Chien, and a tract at the latter place six leagues up and 
 down the river and six leagues back, and that so far as re- 
 lated to Prairie du Chien, the purchase was made for and 
 in behalf of the traders, by three of whom — Bazil Guird, 
 Pierre Antua and Augustin Ange— the payment in goods 
 was made. 
 
 Michael Brisbois settled at Prairie du Chien in 1781, 
 
88 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 where lie continued to reside for fifty-six years. He died in 
 1837, at the age of seventy-seven years, and was buried by 
 his son, in accordance with his request, on a prominent 
 bluff back of Prairie du Chien. He left several children, 
 who continue to reside where their father lived so long. 
 
 In his "Early History of Wisconsin," Dr. Brunson says 
 that, according to the statements of Michael Brisbois, there 
 were twenty or thirty settlers at Prairie du Chien when he 
 went there, and twelve years later (1793) there were forty- 
 three farms and twenty or thirty village lots claimed and 
 occupied, most of which had been built upon. The most of 
 these settlers were hunters, traders, and voyageurs who, 
 taking wives of the natives, prosecuted farming upon a 
 small and primitive scale in a way not to interfere with 
 their other employments. 
 
 Mr. Brisbois, besides being a trader, carried on the busi- 
 ness of baking and farming to some extent. He gave to the 
 inhabitants tickets for fifty loaves of bread for each one 
 hundred pounds of flour they brought to him, and these 
 tickets formed a currency with which they carried on trade 
 with the Indians and with each other. None of the inhab- 
 itants made their own bread, and Brisbois' bake-house was 
 their sole dependence for the staff of life. 
 
 About 1807 a trader by the name of Campbell was 
 appointed by the United States government sub-Indian 
 agent, and also justice of the peace by the Governor of 
 Illinois. He was killed at Mackinaw in a duel with one 
 Crawford, about a year afterward, and was succeeded in 
 both offices by Nicholas Boilvin. 
 
 The coutume de Paris so far prevailed before the laws of 
 Michigan v/ere introduced, about 1819, that a part of the 
 ceremony of marriage was the entering into a contract 
 in writing, generally giving, if no issue, the prop- 
 erty to the survivor. "When the parties desired to be 
 divorced, they went together before the magistrate and 
 made known their wishes, who, in their presence, tore up the 
 marriage contract, and according to the custom of the 
 country they were then divorced. 
 
 James Aird and Duncan Graham had been engaged in 
 the Indian trade from some time during the last century, at 
 as early a period, it is supposed, as during the Revolutionary 
 war. Their trade was with the Sioux or Dacotahs, among 
 
PRAIRIE DU CHIEN. 89 
 
 whom they spent the winter season, while the summer 
 months were spent at Prairie du Chien. 
 
 The most noted character in the history of Prairie du 
 Chien during tlie first quarter of the present century was 
 Joseph Rolette. He was born in Canada, of a respectable 
 French family. He was educated for the Roman Catholic 
 church, but, not liking the profession, he quit it, and served 
 a regular apprenticeship to mercantile business. 
 
 About the year 1804, having engaged in the Indian trade 
 with Mr. Murdoch Cameron, he came to Prairie du Chien, 
 where he continued to reside *up to the time of his death in 
 1841. He was an active merchant and trader, and a hospi- 
 table and generous citizen, and for an Indian trader, he had 
 considerable enterprise for the prosperity and improvement 
 of the country. He cultivated quite an extensive farm, and 
 w^as interested in other improvements. He exercised a very 
 considerable political influence, which he devoted to the in- 
 terests of his friends, without regard to political considera- 
 tions. In 1837 or '28 he was appointed Chief Justice of the 
 county court, which office he held until 1830. His wife was 
 a woman of culture and refinement, and he left a daughter 
 who was married to Maj. Alexander S. Hooe, of the United 
 States army. 
 
 Before the war of 1812 Prairie du Chien, and the surround- 
 ing country, was beginning to attract the attention of 
 settlers, but that event suspended all new settlements. 
 
 It was well known in 1813 that the British meditated the 
 occupation of the Illinois Territory, and they had at 
 the portage of the Fox and Wisconsin several cannon for a 
 fort to be erected at Prairie du Chien, where it was stated 
 there were about sixty families, most of whom were engaged 
 in agriculture, and where permanent subsistence could be 
 obtained for one thousand regular troops. For some un- 
 known reason the erection of the fort was not undertaken 
 that year by the British. 
 
 In the spring of 1814 the United States government sent 
 from St. Louis a company of regulars, under command of 
 Lieut. Perkins, and 135 volunteers — dauntless young fel- 
 lows from Missouri — to Prairie du Chien. They ascended 
 the river in boats, accompanied by Gov. Clark, who 
 returned to St. Louis in June. He reported that the regu- 
 lars had taken possession of the house formerly occupied 
 by the old Mackinaw company, and that the volunteers 
 
90 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 occupied two of the largest armed boats, under command 
 of Aid-de-Camp Kennesley and Captains Sullivan and 
 Yeizer, and that when he left the new fort was progressing 
 on a most commanding spot. It was finished that month 
 and called Fort Shelby. The site of this fort is nearly oppo- 
 site the present pontoon railroad bridge, and is where Col. 
 H. L. DousMAN, after the removal of the fort to the east 
 side of the Marais St. Friole, built an elegant private resi- 
 dence. 
 
 From the time of the surrender of the Northwestern posts 
 by the British up to the war of 1813, the feelings of many 
 of the Indian traders had been in sympathy with Great 
 Britain. These traders having learned of the occupation of 
 Prairie du Chien in 1814, by a military force, fitted out at 
 Mackinaw, in conjunction with some British officers, an 
 expedition for its recapture. Lieut.-Col. William McKay 
 had been originally a trader, and subsequently became a 
 member of the Northwest Fur Company. To him the com- 
 mand of this expedition was confided, and for it he was 
 well fitted. 
 
 Joseph Rolette, who had been active in commanding 
 the Canadians at the capture of Mackinaw from the Ameri- 
 cans in 1812, and Thomas Anderson, another trader, 
 each raised a company of militia at Mackinaw among 
 their engages. There was a small party of eighteen regu- 
 lars under Capt. Pohlman. Col. Robert Dickson, who had 
 commanded a large Indian force in the capture of the fort 
 at Mackinaw, detached a part of his Indian force consisting 
 of two hundred Sioux warriors and one hundred Winne- 
 bagoes. With this force and a brass six pounder Colonel 
 McKay went in boats from Mackinaw to Green Bay, where 
 he tarried for some time to increase his numbers, and make 
 all necessary preparations. With the accessions obtained 
 at Green Bay the entire force now consisted of one hundred 
 and fifty whites and four hundred Indians. The force was 
 represented in the newspapers of the day to have been 
 much larger but the statement now given is upon the au- 
 thority of AuGUSTiN Grignon, who was a Lieutenant in a 
 company raised at Green Bay, and is undoubtedly correct. 
 
 The expedition moved up Fox River being piloted by 
 Capt. Rolette; the whites in six barges and the Indians in 
 canoes, and carrying their craft over the " portage " they 
 descended the Wisconsin to the old deserted Fox village 
 
PRAIRIE DU CHIEN. 91 
 
 about twenty miles above its mouth where the force halted. 
 AuGusTiJsr Grignon, Michael Brisbois and two Indians 
 were sent in the night to reconnoiter and ascertain the situ- 
 ation of the fort and the American forces within it. They 
 brought back with them Antoine Brisbois, who reported 
 the American strength of the garrison at sixty. The next 
 morning which was Sunday, the 17th of July, 1814, Colonel 
 McKay, with the wiiite men and Indians composing his 
 force, continued dowm to the mouth of the Wisconsin, and 
 thence almost up to the garrison, through a bayou, be- 
 tween the islands and the river. They reached the town 
 unperceived. The force made a most formidable display, 
 greatly to the terror of the inhabitants, and the consterna- 
 tion of the garrison. 
 
 The gunboat under command of Capt. Yeiser, with other 
 boats, were moored to the bank near the garrison. A severe 
 fire was kept up upon the boats, which before sundown of 
 the first day moved down stream out of reach of the guns 
 of the enemy, carrying with them the provisions and am- 
 munition of the garrison. The garrison was then invested. 
 Capt. Rolette and Anderson, with their companies and 
 the Sioux and Winnebago Indians, took post above the 
 fort, while Col. McKay, with the Green Bay company, the 
 regulars, and Menomonee and Chippewa Indians encom- 
 passed it below. A flag was sent in, borne by Capt. Ander- 
 son, demanding the surrender of the garrison, which 
 Lieutenant Perkins the commandant, promptly declined. 
 For four days the gallant little force in possession of the 
 fort successfully resisted the persistent attacks of the 
 enemy, the number of which including Indians was more 
 than nine times larger than the American force. On the 
 fourth day Col. McKay having become desperate ordered 
 cannon balls heated red hot in a blacksmith's forge, to be 
 fired upon the garrison stockade which was of wood and 
 easily ignited. Lieut. Perkins perceiving that longer re- 
 sistance was worse than useless, and would be criminal 
 folly, raised a white flag. Two officers met Col. McKay 
 and the result was a surrender to him of the fort and public 
 stores, the Americans being permitted to retire unmolested 
 in boats down the river. The formal surrender was post- 
 poned until the next morning, the 21st of July. 
 
 Several days elapsed before arrangements were completed 
 for sending the prisoners down the river, during which 
 
92 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 time their lives were in the most imminent danger the ut- 
 most exertions of Col. McKay being necessary to prevent 
 their indiscriminate massacre by the infuriated Indians. 
 At length the Col. succeeded in getting the soldiers on 
 board the large boat — the Governior Clark — which a short 
 time before had brought them up the river, and the boat 
 proceeded on its return, under the protection of an escort 
 sent by Col. McKay. The Indians however pursued the 
 retreating soldiers, and did not relinquish the pursuit until 
 they had passed Rock Island in safety. 
 
 Capt. PoHLMAN with his regulars remained in command 
 of the garrison, now called Fort McKay, with the two 
 Mackinaw companies one under command of Capt. Ander- 
 son, and the other of Lieut. Graham, who succeeded Capt. 
 Rolette in command, he having been sent to Mackinaw 
 with dispatches, immediately after the surrender. Colonel 
 McKay with the Green Bay troops and the Indians took 
 their departure soon after. 
 
 The British occupation of the fort continued until peace 
 in 1815, and the inhabitants were ordered to do duty in and 
 about the garrison during the war. Upon the advent of 
 peace the fort was evacuated. 
 
 Brevet General Smythe, Colonel of a Rifle Regiment, came 
 to Prairie du Chien in June, 1816 with a detachment of 
 U. S. troops to erect Fort Crawford. He selected the mound 
 whe?;e the stockade had been built, which he repaired and 
 occupied. He also appropriated the ground in front of the 
 stockade, which included the most thickly inhabited part of 
 the village. The arrival of Col. Smythe and his troops was 
 very unwelcome to the settlement generally. He ar- 
 rested Michael Brisbois on a charge of treason for hav- 
 ing taken up arms against the United States, and sent him 
 to St. Louis. 
 
 In the spring of 1817, Col. Talbot Chambers having as- 
 sumed command of Fort Crawford, ordered the houses in 
 front of and about the fort to be taken down by tlieir 
 owners, and removed to the lower end of the village, where 
 he pretended to give them lots. The officers, particularly 
 while Col. Chambers was in command, treated the inhabi- 
 tants as a conquered people, arraigning and trying them by 
 courts martial and sentencing them to ignominious punish- 
 ment. 
 
 Charles Menard was arrested by order of Col. Chambers, 
 
PRAIRIE DU CHIEN. 93 
 
 brought five miles from his residence under a guard, tried 
 by a court martial on a charge of selling whiskey to the 
 soldiers, whipped, and with a bottle hung to his neck, 
 marched through the streets with music after him playing 
 the Rogue's March. 
 
 Joseph Rolette, charged with some immoral conduct, 
 was banished to an island about seven miles above the fort, 
 where he was obliged to pass the winter; and there were 
 numerous other acts of tyranny perpetrated by the officers 
 upon the inhabitants. 
 
 Fort Crawford was continued at the site of the old stock- 
 ade on the island until the year 1831, when the stone fort 
 was built on the high ground east of the Marais St. Friole. 
 The new fort was occupied by U. S. troops until June 9, 
 1856, when the troops were removed. 
 
 On May 27, 1857, the entire military reservation, including 
 the fort and buildings in connection with it, was sold by 
 the United States at auction and the site of the old fort has 
 since been occupied by St. Mary's Institute, as a convent, 
 built in 1872, which is conducted by the School Sisters of 
 Notre Dame. 
 
 In the fall of J 815, Capt. John Shaw went up the River 
 from St. Louis to Prairie du Chien with a boat and a stock 
 of merchandise, and there engaged in some little traffic. 
 The next year he returned with a large boat and full load of 
 merchandise. He thought it would be a good locality for a 
 grist mill, and having found a sufficient water power at 
 Fishers' Coulee, four miles above Prairie du Chien, he 
 promised the people he would erect one. He made two 
 other trips in 1816 and also trips every year until 1820, and 
 in 1818 built the grist mill he had promised, which was a 
 great convenience to the people. 
 
 In September, 1816, James H. Lockwood arrived at Prairie 
 du Chien via Mackinaw, Green Bay and the Fox and Wis- 
 consin rivers. Judge Lockwood was born at Peru, Clinton 
 County, N. Y., December 7, 1793. He studied law about a 
 year, and then engaged as a merchant clerk. He was 
 clerk in a sutler's store which brought him to Mackinaw in 
 1815. The transition from clerk to a sutler on the frontier, 
 to engaging in the Indian trade, was easy and natural, and 
 soon resulted in his removal to Prairie du Chien. Here he 
 proved himself a useful citizen; he occupied many positions 
 of trust, both public and private, and was faithful in all. In 
 
94 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 1830, he was appointed one of the judges of the county 
 court. . When Judge Doty went to Prairie duChien in 1823 
 to hold his first court there were no lawyers, and Mr. Lock- 
 wood was induced to commence the practice, but his prin- 
 cipal occupation was that of trader and merchant which he 
 continued until nearly the close of his life, which was spent 
 at Prairie du Chien. He died at his home August 24, 1857. 
 In an article prepared by him for the State Historical 
 Society, published in the second volume of its collections, he 
 says, when he arrived at Prairie du Chien 
 
 " There were four companies of riflemen under command of Brevet Major BIohgan, 
 buOdinjj the old fort. * * * John W. Johnson, a gentleman from Maryland, was U. S. 
 Factor, with Jlr. Belt as assistant and book-keeper, and John P. Gates as interpreter. 
 Col. Alesahder McNair, late Governor of Missouri, had the sutling of the fort, and his 
 nephew, Thomas McNair, and John L. Findlet were the clerks in his employ, and had 
 charge of the business. (They were both afterwards superseded by Wilfred Owens, of 
 Kentucky.) 
 
 "There were then of the old traders residing at Prairie du Chien Joseph Rolette, 
 MiCELiEL Brisbois, Francis Bouthillier, Jean Baptiste Farribault and Nicholas Boil- 
 tin." 
 
 Mr. Shaw in his "Personal ISTarrative" gives the additional 
 names of Antoine Brisbois, Jean B. St. Jean. Messrs. Tier- 
 court, Bennett and Palen. He says: 
 
 " Rolette was regarded as the largest trader there and reputed wealthy." 
 
 To quote further from Judge Lockwood's article. 
 
 " Tradition says the place toolc its name from an Indian chief of the Fox tribe by the 
 name of Chien or Dog, who had a village somewhere on the Prairie, near where Fort 
 'Crawford now stands. Chien or Dog is a favorite name among the Indians of the 
 Northwest. 
 
 There were on the Prairie about forty farms cultivated along under the bluffs where the 
 «oLl was flrst-rate, and enclosed in one common field, and the boundaries between them 
 generally marked by a road that afforded them ingress and egress; the plantations run- 
 ning from the bluffs to the Mississippi on the slough of St. Friole, and from three to five 
 arpents wide (35 to 53 rods wide — an arpeut is 11 rods). The owners did not generally hve 
 immediately on their farms, but clustered together in little villages near their front. * * 
 They were living in Arcadian simplicity, spending a great part of their time in fishing, 
 hunting, horse-racing or trotting, or in dancing and drinking. * * * * They had no 
 aristocracy among them except the traders who were regarded as a privileged class." 
 
 #* *** *** *** 4::]c:f;4::f::[;:]C9(c 
 
 " Prairie du Chien was at this time an important post for Indian trade, and was consid- 
 ered by the Indians as neutral ground, where different tribes, although at war, might visit 
 in safety; but if hostile they had to beware of being caught in the nf^Isbborliood, going or 
 returning. Yet I never heard of any hostile movement on the Prairie, after they had 
 gafelv arrived," ************** *i.- 
 
 " At that time there were generally collected (annually) at Pi-airie du Chien, by the 
 traders and United States factors, about three hundred packs, of one hundred pounds 
 
PRAIRIE DU CHIEN. 95 
 
 each, of fui-s and peltries— mostly fine furs. Of the different Indian tribes that visited and 
 traded more or less at Prairie du Chien , there were the Menomonees from Greeu Bay, who 
 frequently wintered on the Mississippi ; the Chippewas, who resided on the headwaters of 
 the Chippewa and Black rivers; the Fcxes, who had a village where Cassville now stands, 
 called Penali. i. e., Turkey; the Sauks, who resided about Galena and Dubuque; the Win- 
 nebagoes, who resided on the Wisconsin river; the lowas, who then had a village on the 
 Upper Iowa river; Wabashaw's band of Sioux, who resided on a beautiful prairie on the 
 Iowa side of the Mississippi, about 130 miles above Prairie du Chien, with occasionally a 
 Kickapoo and Puttowataraie. The Sauks and Foxes brought from Galena a considerable 
 quantity of lead." 
 
 The quantity of lead exchanged by the Indians for goods 
 in one season (1810) is stated by Nicholas Boilvin, in a 
 letter to the Secretary of War, to have been four hundred 
 thousand pounds. 
 
 In the spring of 1817 a Roman Catholic priest from St. 
 Louis, called Father Prieee, visited Prairie du Chien, but he 
 did not long remain. 
 
 In 1819, the United States government having instructed 
 Col. Leavenwokth to establish a military post at or near 
 the mouth of the St. Peters river, on the land purchased in 
 1806, by Gen. Pike, Maj. Thomas Foesyth, Indian agent, 
 under instructions from the Department of War, left St. 
 Louis on the 8th of June with a keel- boat loaded with goods 
 to be delivered by him to the Sioux Indians above Prairie 
 du Chien. Maj. Forsyth arrived at the Prairie on the 5th 
 of July, where he remained for more than a month waiting 
 the arrival of the troops. Here Red Wing's son was wait- 
 ing for him, and The Leaf, the principal chief of the Sioux, 
 arrived that evening. Both begged importunately for goods. 
 Maj. Forsyth told them he could not give them any goods 
 at that place; that he meant to go up with the troop to the 
 River St. Peters, and would stop at their different villages 
 and speak to them and give them a few goods. 
 
 On the 8th of August, a part of the troops having arrived 
 and the remainder being reported on the way, Col. Leaven- 
 worth and Maj. Forsyth set out for St. Peters river* with 
 the troops, consisting of ninety-eight rank and file and four- 
 teen batteaux and two large boats, loaded with provisions 
 and ordnance, and stores of different kinds, besides Maj. 
 Forsyth's boat and goods and the colonel's barge. The 
 whole expedition arrived at their destination on the 24th of 
 August, and the post was established immediately at the 
 mouth of the St. Peters, which was occupied by the govern- 
 ment for many years and known as Fort Snelling. 
 
96 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 Two companies of the Fifth Infantry accompanied Col. 
 Leavenworth to Prairie du Chien, and occupied Fort Craw- 
 ford, under command of Maj. Muhlenberg. 
 
 At the session of Congress of 1819-20, an act was passed 
 to take testimony relative to the private land claims at Sault 
 St. Mary, Mackinaw, Green Bay, and Prairie du Chien, 
 which were reserved to subjects of the British government 
 under Jay's treaty; and in the fall of 1820 commissioners 
 were dispatched to the different places to take testimony. 
 
 A Mr. Lee came to Prairie du Chien. Most of the claims 
 here came under Jay's treaty, but several did not. At a 
 subsequent session of Congress an act was passed giving to 
 every settler who was in possession of land at the date of 
 the declaration of war against Great Britain in 1812, and 
 who had continued to submit to the laws of the United 
 States, the lands he claimed. In consequence of the attitude 
 of some of these settlers toward the government during the 
 war with England, the patents were delayed, to their great 
 anno3^ance and injury. 
 
 On the 17th of September, 1821, an act was adopted by the 
 Governor and Judges of Michigan Territory, to incorporate 
 " The Borough of Prairie des Chiens." It provided for the 
 annual election of a warden, two burgesses, a clerk, treas- 
 urer, and marshal. That the borough in legal meeting 
 assembled should have power to levy taxes, to be collected 
 by the marshal. That the wardens and burgesses might 
 lay out highways, streets, and public walks, and should have 
 other specified powers to provide for an effective municipal 
 government. 
 
 The borough was duly organized, and John W. Johnson 
 was elected the warden, and the first burgesses were M. 
 Brisbois and Thomas McNair. The organization was kept 
 up for three years, and in 1825 it was discontinued by non- 
 user. The last warden was Joseph Rolette, and the last 
 burgesses were M. Brisbois and James H. Lockwood. 
 
 Col. Hercules L. Dousman came to Prairie du Chien in 
 the autumn of 1827 in the employ of the American Fur 
 Company, where he continued to reside until his death Sept. 
 12, 18G8. He was greatly respected and highly esteemed 
 and accumulated an ample fortune, which he used liberally 
 in promoting the growth and prosperity of his adopted 
 home. 
 
 In 1828, Gen. Joseph M. Street came to Prairie du Chien 
 
PRAIRIE DU CHIEN. 97 
 
 having been appointed Indian agent. The next year he 
 brought his family, which was the first one settled at that 
 place that made a profession of religion in the Protestant 
 faith. 
 
 Thomas P. Burnett was appointed sub-Indian agent in 
 October, 1829, under Gen. Street, and came to Prairie du 
 Chien in June, 1830. 
 
 By a proclamation of Gov. Cass, dated October 2G, 1818, 
 by virtue of the ordinance of 1787, the county of Michili- 
 mackinac was laid out, the southern boundary of which 
 was 
 
 " The dividing ground between the rivers which flow into Lake Superior, and those which 
 flow south." 
 
 By another proclamation of Gov. Cass, of the same date, 
 all of the Territory of Michigan, south and west of the 
 county of Michilimackinac, was divided into two counties 
 which were separated 
 
 " By a hue drawn due north from the northern boundary of the State of Illinois through 
 the middle of the portage between the Fox river and Ouissin (Wisconsin) river, to the 
 county of Michilimackinac.'" 
 
 The eastern county was called "Brown" in honor of the 
 then commanding general of the army; the other was 
 called " Crawford " in compliment to the then Secretary of 
 War. 
 
 . The following day, Oct. 27th, the following appointments 
 were made by Gov. Cass: 
 
 For Brown county, Matthew Irwin, Chief Justice, Com- 
 missioner and Judge of Probate; Charles Reaume, Asso- 
 ciate Justice and Justice of the Peace; John Bowyer, 
 Commissioner; Robert Irwin, Jr., Clerk; and George 
 Johnston, Sheriff. For Crawford county, Nicholas' Boil- 
 viN and John W. Johnson, Justices of the Peace. 
 
 The following appointments for Crawford county were 
 made by Gov. Cass May 12th, 1819, viz.: Joh^^ W. John- 
 son, Chief Justice; Michael Brisbois and Francis Bouth- 
 illier, Associate Justices; Wilfred Owens, Judge of 
 Probate; Nicholas Boilvin, John W. Johnson and James 
 H. LocKWOOD, Justices of the Peace; Thomas McNair, 
 Sheriff; John L. Findley, Clerk; Hyacinth St. Cyr and 
 Oliver Sharrier, Supervisors of Roads; and John P. 
 Gates, Register of Probate and ex-officio Recorder of Deeds. 
 
 Gov. Cass sent by Col. Leavenworth, when on his way 
 to the St. Peters River, blank commissions for the different 
 7 / 
 
98 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 officers of Crawford county, to be filled up with such names 
 as should be selected by the inhabitants. They assembled 
 and selected the persons above named. 
 
 The first court held in Brown county of which any record 
 is preserved, was a special session of the county court, 
 held July 12, 1824, Jacques Porlier Chief Justice; John 
 Lawe and Henry B. Brevoort, Associates. These judges 
 had superseded those first appointed in 1818. 
 
 In 1828, John W. Johnson and Frances Bouthillier hav- 
 ing removed away, Joseph Bolette was appointed Chief 
 Justice and Jean Brunet, Associate Justice. Subsequently 
 in 1830, the county court was re-organized and General 
 Joseph M. Street was appointed Chief Justice and James 
 H. LocKWOOD and Hercules L. Dousman Associate Jus- 
 tices. 
 
 The first term of the county court of Crawford county was 
 held at Prairie du Chien, May 12, 1823, Frances Bouthil- 
 lier and Joseph Eolette, Judges. A grand jury was im- 
 paneled but no indictments were found. No criminal busi- 
 ness and but little civil business was done and after granting 
 two tavern licenses and making a decree that " the proceed- 
 ngs" of James H. Lockwood are legal and proper, adjourned. 
 
 The next year, Ma}^ 11, 1824, the court, composed of the 
 same judges, met and adjourned until the 17th of the same 
 month "for want of juries." 
 
 On the 17th a grand jury was impaneled and returned 
 an indictment against J. B. Maynard, who was duly called 
 but came not, and the court ordered that 
 
 " On his arrival at this place, he do enter in recognizance for his appearance at the next 
 term of this court to answer and'plead, etc." 
 
 No other term of the court was held until May, 1826, and 
 after that, no other until 1830. In November, 1830, a term 
 was held with Joseph Rolette as Chief Justice and Jean 
 Brunett, Associate Justice. 
 
 Thomas P. Burnett, a lawyer from Kentucky, was ad- 
 mitted to practice in the court. 
 
 A grand jury was impaneled and foimd eight indict- 
 ments for selling liquor by " small measure." 
 
 The court adopted rules of practice and thereafter the 
 business in court was transacted more systematically. 
 
 The next term of the court was in November, 1831, when 
 Joseph M. Street was Chief Justice and James H. Lock- 
 wood and Jean Brunett were Associate Justices. It seems 
 
CHEQUAMEGON. 99 
 
 that Mr. Dousman, who had been appointed, did not accept 
 the position. 
 
 The history of the settlements at Green Bay and Prairie 
 du Chien is now brought down to a time when they cease 
 to have a purely local interest. As settlements were now 
 beginning to grow up in other parts of the Territory, espe- 
 cially in the lead mines, the subsequent historical events 
 connected with these two principal settlements form a legit- 
 imate part of the history of the whole. 
 
 CHAPTER IX. 
 
 CHEQUAMEGON — PORTAGE — MILWAUKEE. 
 CHEQUAMEGON, 
 
 The early settlement at Chequamegon, on Lake Superior — 
 if it can be called a settlement — earlier, even, than Green 
 Bay, is not especially noticed for the reason that, although 
 it was the field of the first missionary labors within the lim- 
 its of Wisconsin, as early as IGGo, yet its growth was confined 
 to missionary work, which was quite limited, and it has 
 never, until a very recent period, acquired any importance 
 in any other respect. 
 
 Very soon after the conquest of Canada by the English, 
 a company of adventurers from England undertook to work 
 the copper mines of Lake Superior. They, however, met 
 with but little success, and soon relinquished their scheme. 
 They had long been preceded by others, as there is abun- 
 dant evidence of the working of these mines at some far 
 distant period, and by some unknown people. In some of 
 the old mines not only stone hammers have been found, but 
 a copper gad, much battered; a copper chisel, with a socket 
 for the handle; a copper knife, fragments of a wooden bowl, 
 numerous levers of wood, remnants of charcoal, and pits 
 have been sunk following the course of veins extending in 
 continuous lines, and upon a mound of earth thrown out of 
 one of them, grew a pine tree ten feet in circumference, and 
 upon another a hemlock tree was cut, the annular growths 
 of which counted 395 years. These evidences of a prehis- 
 toric people excite our curiosity without satisfying it. 
 
100 HISTORY OF THE TERRITOKY OF WISCONSIN. 
 
 PORTAGE. 
 
 The settlement at the " Portage" was so nearly contem- 
 porary with that at Green Bay and Prairie clu Chien as to 
 be worthy of notice in the same connection. The first white 
 men to visit the " Portage" were Joliet and Marquette, 
 and their guides and companions, five in number, who 
 "made the portage" in June, 1673, and reached the Missis- 
 sippi river on the 17th of that month, although Nicolet 
 was at Green Bay in 1634, and ascended the Fox river some 
 distance, probably as far as the portage. Seven years later 
 (1680) Hennepin and Du Luth reached the portage on their 
 return from the falls of St. Anthony. Le Sueur and his 
 party made the portage in 1683, on his way to the Missis- 
 sippi. 
 
 The first settler at the portage was Laurent Barth. He 
 was a trader from Mackinaw. Returning in the spring of 
 1793, with his family, from the St. Croix river, where he 
 had traded the previous winter in company with Jacques 
 PoRLiER and Charles Reaume, of Green Bay, he stopped 
 here and purchased from the Winnebagoes the privilege of 
 transporting goods over the portage. This was the com- 
 mencement of the settlement at that point. The Indian 
 habitations near there increased immediately, but the set- 
 tlement was not augmented much by white men for many 
 years. Barth first built a house on the low ground, but it 
 became overflowed, and he removed the next year to the 
 high ground half a mile above. 
 
 The next settler was Jean L'Ecuyer, who went there in 
 1798, and who also obtained permission to transport goods 
 over the portage. The goods were hauled over in carts. 
 Barth had at first only a single-horse cart, but when 
 L'Ecuyer came he had several teams and carts, and had 
 also a heavy wagon with a long reach, and so constructed 
 as to transport barges. 
 
 About 1803 Barth sold to Mr. Campbell, who was ap- 
 pointed a few years later the first American Indian agent 
 at Prairie du Chien, all his right of transportation, and then 
 removed to Prairie du Chien, where he died before the war 
 of 1813. 
 
 Campbell soon after sold out his fixtures to L'Ecuyer, 
 who supposed that Campbell intended to relinquish the 
 business; but he placed his two sons, John and Duncan, 
 
PORTAGE. 101 
 
 there, and had several teams to convey goods and a large 
 wagon to transport barges. Campbell is the same man 
 who was killed at Mackinaw in a duel with one Crawford, 
 soon after which his business was closed up. In about two 
 years afterwards L'Ecuyer sickened and died leaving 
 several children. 
 
 After L'Ecuyer's death his widow employed Laurent 
 FiLY to carry on the business' for her, and he continued it 
 till about 1812, when Francis Roy married a daughter of 
 Mrs. L'Ecuyer and took charge of the business and con- 
 tinued it many years. 
 
 Sometime after the war with England Joseph RoLETTEcar- 
 ried on the transportation business at the portage employing 
 Pierre Pauquette to manage it for him. The usual charge 
 for transporting goods across the portage was forty cents 
 per 100 pounds, and ten dollars for each boat, but extortions 
 were often practiced upon those who would submit to 
 them. 
 
 There was always, after Barth went to Portage, a con- 
 siderable Indian trade there. He sold the remnant of the 
 stock which he brought from the St. Croix; and L'Ecuyer 
 always kept a large assortment of goods, as did his 
 widow and her son-in-law, Roy. Campbell had goods one 
 year. Laurent Fily who had been a clerk for L'Ecuyer 
 was located there several years as a trader, and died at 
 Grand Kau-kau-lin in 184G, at the age of eighty-three years. 
 AuGUSTiN Grignon Spent two winters in trade there from 
 1801 to 1803 and Jacques Porlier early spent two or three 
 winters there. 
 
 For thirty -five years after Barth went there, the number 
 of white settlers at the portage did not increase, there being 
 no business except the transportation across the portage 
 and a small Indian trade; but the location and erection of 
 Fort Winnebago at that point effected a very great change. 
 
 Previous to the Indian War of 1827, it had been common 
 for Red Bird's band of Winnebago Indians to levy contri- 
 butions on the traders while crossing the portage. In con- 
 sequence of this, and for the protection of the now increas- 
 ing population from the hostility of the Indians, Major 
 (afterwards General) David E. Twiggs, was ordered to the 
 portage in the summer of 1828 with three companies of the 
 1st Infantry to build a fort. The officers of his command 
 were Capt. Brevet Maj. Beall; Capt. Spencer; Capt. (af- 
 
102 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 terwards General) Harney; 1st Lieut, Gaines Miller; Isfc 
 Lieut, Jeff, Davis, who was also quartermaster (President 
 of the Confederate States); 1st Lieut, (afterwards General) 
 Abercrombie; 2nd Lieut, Be all, afterward General in the 
 Confederate army; 2nd Lieut, (afterwards General) Bur- 
 bank and 2nd Lieut. Lamotte, A beautiful plateau of 
 ground was selected on the east side of Fox River, which 
 gracefully meandered around three sides of the selected 
 site. It was elevated forty or fifty feet above the river and 
 had a commanding view of the surrounding country for a 
 considerable distance. Upon this plateau was erected Fort 
 Winnebago, The officers and soldiers lived in tents, until 
 temporary log barracks were built, in which they spent the 
 winter of 1828-9, Parties of soldiers were sent up the Wis- 
 consin River where they cut and floated down pine logs, 
 and during the winter they were employed in cutting the 
 logs into lumber and timber with whip-saws, and in making 
 shingles. Brick were made near the Wisconsin River, and 
 lime was obtained at Bellefontaine, about twelve miles 
 northeast. The erection of the buildings was commenced 
 in 1829, but the fort was not completed and enclosed till the 
 summer of 1832. In 1828, the only houses at the portage 
 were a log house in charge of Pierre Pauquette belonging 
 to the American Fur Co., the Indian agency house occupied 
 by John H. Kinzie, sub-agent, two others occupied by half 
 breeds, and a nice house owned by Francis LeRoy, 
 
 The 1st Regiment was relieved by four companies of the 
 5th Infantry in July, 183L 
 
 In 1827, Congress appropriated $2,000 for the purpose of 
 opening a road from Green Bay to the Wisconsin portage. 
 In the year 1830 $5,000 was added to this sum, and the route 
 extended to Fort Crawford; and in 1832 and 1833, an ad- 
 ditional sum of $5,000 was appropriated in each year, mak- 
 ing a total of $17,000 none of which had yet been expended. 
 
 Lieut, W. A. Centre and James D. Doty were appointed 
 commissioners to make a reconnoisance of the country and. 
 a survey of the route. They completed their work in Sep- 
 tember, 1833. The route of the road from Green Bay, was 
 on the east side of Fox River and Lake Winnebago, over 
 the present traveled road through De Pere, Wrightstown, 
 Stockbridge, Brothertown, Calumet, Taycheda, Fond du 
 Lac, Lamartine, Green Lake, and Bellefontaine to Fort 
 Winnebago. From Fort Winnebago the route passed 
 
PORTAGE. 103 
 
 through the present village of Poynette on the railroad 
 from Portage to Madison, and through Cross Plains fourteen 
 miles west of Madison on the railroad to Prairie du Chien. 
 Five miles west of Cross Plains it came to the great 
 dividing ridge, which divides the waters which flow into 
 the Wisconsin River from those which flow southerly. It 
 followed this ridge to within six miles of the mouth of the 
 Wisconsin River, which was then crossed and the road then 
 went to Fort Crawford. 
 
 The work of constructing this road was delayed until 
 1835, when it was opened and so far completed as to admit 
 of travel. The force employed was the U. S. troops. From. 
 Green Bay to Fond du Lac, the troops were in charge of 
 Lieut. Alexander, and from Fond du Lac to Fort Craw- 
 ford, in charge of Capt. Harney, Capt. Low and Capt 
 Martin Scott. 
 
 In 1838 another appropriation of $5,000 was made by 
 Congress for the completion of the road, which was mostly 
 expended between Depere and Fond du Lac. 
 
 Previous to the settlement of Madison in 1837 and 1838, 
 this was the only travelled route between Fort Winnebago 
 and the western portion of the Territory, 
 
 The primitive manner of transporting goods up Fox River 
 in Durham boats is thus described by Mr. Henry Merrill: 
 
 " It was necessary for them (the freighters) to assemble a large rmmber of Indians at 
 the Rapids to help them over with the boats. At Grand Kau-kau-lin. they had to unload 
 and cart the goods about one mile, and the Indians going into the water pushed, lifted 
 and hauled the boats over the rapids; then reloading them, poled them up to the Grand 
 Chute, where Appleton is now situated. There they had to unload and carry the goods 
 up a hill and down the other side above the Chute, which was a perpendicular fall of three 
 or four feet. The Indians would wade in, as many as could stand around the boat, and 
 lift it over while the others had a long cordelle, with a turn around a tree above, taking 
 up the slack and pulling as much as they could. Wlien the boats were over they were 
 re-loaded and pushed ahead and poled from there to Fort Winnebago. Excepting in low 
 water they would have to make half loads over the Winnebago Rapids at Neenah, and 
 with a fair wind would sail through Lake Winnebago." 
 
 In 1834 Henry Merrill was offered the post of sutler at 
 Fort Winnebago, which he accepted, went to New York, 
 bought a stock of goods which he had shipped to that place, 
 and entered upon his duties, and conducted a general mer- 
 cantile business. He resided here from that time until his 
 death, and acquired a handsome fortune. During his long 
 residence in Portage he always commanded the greatest 
 respect. He was a member of the Senate in the first State 
 
104 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 Legislature. His name was intimately connected with that 
 of the early settlers of Wisconsin. He died May 5, 1876, 
 after a busy life, without a blemish on his record. 
 
 MILWAUKEE. 
 
 The settlement of Milwaukee by the whites cannot be said 
 to date back earlier than 1834 or 1835. But, being the 
 metropolis of the State, events connected with its anterior, 
 and especially its very early, history, possess such a general 
 interest as justifies a separate reference to them. 
 
 The earliest mention of Milwaukee, that has been found, 
 is in a journal of Lieut. James Gorrell, of the British 
 army, who had command of the military post at Green Bay 
 from October, 1761, to June, 1763. Under date of August 
 21, 1762, speaking of a party of Indians which had come 
 from Milwaukee, he says : 
 
 " They made great complaint of the trader amongst them. « * * jjg came 
 from. Mishamakinak." 
 
 From the same journal, under date of March 25, 1763, it 
 appears that — 
 
 " One GoDDARD, a trader from Montreal, had sent orders to his clerk, a Canadian, to 
 Bend word to the Mihvacky Indians, and desire them not to come here (Green Bay), but 
 stay at home, and he would send goods to them in the spring; the contrary of what he 
 told them last faU." 
 
 These extracts furnish very satisfactory evidence that as 
 early as 17G2 there was an Indian town at Milwaukee, with 
 an English trader there, who had come from Mackinaw, 
 and was probably the same " Goddard" who came to Green 
 Bay with Capt. Belfour in October, 1761. 
 
 AUGUSTiN Grignon's " Recollections," 3 Col. of Hist. So., 
 p. 290-292, contain much information in relation to the early 
 trade at Milwaukee with the Indians. From his statement 
 it appears that Alexander La Framboise, from Mackinaw, 
 was located at Milwaukee with a trading establishment at 
 Mr. Grignon's earliest recollection — say 1785. After a while 
 he returned to Mackinaw and sent a brother to manage the 
 business for him, who remained there several years and 
 raised a family. 
 
 In 1789 Jean Baptist Mireandeu, a Frenchman, had a 
 blacksmith shop on the spot where the splendid chamber of 
 commerce was erected in 1879-80. 
 
 About the year 1800, La Framboise having failed, an- 
 other trader established a post there, and employed as his 
 
MILWAUKEE. 105 
 
 clerk Stanislaus Chappue. This trading house was con- 
 tinued until about 1805. Chappue died in 1854, a few miles 
 above Marinet, on the Menonionee river. 
 
 While Chappue was thus employed as clerk, and soon 
 after he went there, John B. Beaubien also established a 
 trading post there. 
 
 About 1804 or 1805 Laurent Fily was sent with a supply 
 of goods by Jacob Franks, of Green Bay, to carry on a 
 summer trade at Milwaukee. 
 
 Jacques Vieau, of Green Bay, connnenced trading at 
 Milwaukee previous to 1805, and continued it regularly 
 every winter — except that of 1811-12 — until 1818, when Sol- 
 omon Juneau, who had married his daughter, went there 
 first as his clerk, and then on his own account. Juneau 
 erected a permanent dwelling on a site which is now be- 
 tween Michigan and Huron streets, on the east side of East 
 Water street, and became the first permanent and abiding- 
 settler, and lived to see the field of his Indian traffic become 
 the theater of an immense commercial trade. He died in 
 1856. 
 
 After the war with Great Britain James Kinzie was sent 
 there by the American Fur Company with a stock of goods, 
 but did not remain long; and Hypolite Grignon wintered 
 at Milwaukee about the time Mr. Juneau went there. 
 
 The Green Bay Intelligencer of April 16, 1834, contains 
 this editorial : 
 
 " The Milwaukee country is attracting much attention. A settlement has commenced 
 near its mouth; and there can be no doubt it will be much visited during the coming sea- 
 son by northern emigrants, and by all who fear the bUioiis fevers and other diseases of 
 more southern latitudes. Two or three yovmg men from the State of New York have com- 
 menced the erection of a satv-mill on the first rapid, about three miles above the mouth of 
 the Milwaukee river." 
 
 In May, 1835, the fractional township (T. 7, R. 22 E.), in 
 which the city of Milwaukee is situated, was first offered at 
 a public sale, to be held at Green Bay, August 31, 1835. Mr. 
 Juneau purchased by right of pre-emption, and the common 
 consent of those attending the land sale, a tract between the 
 Milwaukee river and the lake. Byron Kilbourn and his 
 associates purchased an extensive tract on the west side of 
 the Milwaukee river, which for some years was called Kil- 
 bourntown, and George H. Walker made a claim on the 
 south side of the river, for which he ultimately obtained a 
 patent, and which was known as Walker's Point. Some of 
 
106 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 the most valuable tracts adjoining these were obtained by 
 " floats," and in that mode or by cash purchases, nearly the 
 entire township passed from the government to individuals. 
 
 Among those who came to Milwaukee in 1835 were Dan- 
 iel Welis, Jr., W. AV. Oilman, George D. Dousman, 
 Talbot C. Dousman, E. W. Edgerton, J. Hathaway, Jr., 
 James Sanderson, James Clyman, Otis Hubbard, Samuel 
 Brown, George O. Tiffany, Daniel H. Richards, Benoni 
 W. Finch, George Reed, Enoch Chase, Horace Chase, 
 William Brown, Jr., Milo Jones, Enoch Darling, Albert 
 Fowler, C. Harmon, B. Douglass, W. Maitland, Alanson 
 Sweet, Henry West, James H. Rogers, Samuel Hinman, 
 Mr. Loomis, Dr. Clarke, and Mr. Childs, and there were 
 many others. 
 
 On the 12th of December, 1835, the first public meeting of 
 citizens for public purposes was held at the house of Mr. 
 Childs. B. W. Finch was called to the chair, and Dr. 
 Enoch Chase appointed secretary. The object of the meet- 
 ing was stated by the chairman to be to adopt measures for 
 petitioning Congress for appropriations for internal im- 
 provements, etc. Several committees were appointed to 
 draft memorials, petitions, etc., and the meeting adjourned 
 for one week. 
 
 On the 19th of December the meeting reassembled and, in 
 the absence of the chairman, B. Douglass was called to the 
 chair. Petitions for the passage of a pre-emption law ; for 
 an appropriation for constructing a canal from Milwaukee 
 to Rock river; and another for a light-house and harbor, 
 were reported and adopted. 
 
 A committee, consisting of Lieut. Clyman, Albert 
 Fowler, Alanson Sweet, and Drs. Chase and Clarke, was 
 appointed to correspond with the settlers of the mining 
 country on the subject of a communication between the two 
 places. 
 
 Alanson Sweet, Henry West, and Horace Chase were 
 appointed a committee to draft a petition to Congress for 
 an appropriation to make the Chicago and Green Bay road. 
 
 A number of buildings were erected in 1835, and there 
 was a wonderful spirit of speculation in lands, lots, and 
 claims on the public lands. 
 
NEW YORK INDIANS. 107 
 
 CHAPTER X. 
 
 NEW YORK INDIANS. 
 
 From 1818 to 1822, there was a combination of influences 
 dissimilar in motive but perfectly consonant in purpose, all 
 operating simultaneously, which resulted in the removal of 
 a part of the New York Indians, to lands secured for them 
 near Green Bay. 
 
 The Holland Land Company, having a pre-emption right 
 of purchasing from the Indians their reservations, which 
 right had been confirmed by the state of New York, sold it 
 in 1810 to David A. Ogden, who with his associates were 
 known as the " Ogden Land Company." This company, 
 for the purpose of extinguishing the Indian title and thereby 
 perfecting its own, conceived the plan, in 1817-18, of secur- 
 ing in the West, by consent and aid of the general govern- 
 ment, an extensive grant of land from the western tribes, 
 as a home or hunting ground for the several tribes of the 
 New York Indians. One of the first steps was to secure 
 the consent and co-operation of the War Department. 
 
 The Stockbridge and Brothertown Indians had a small 
 reservation of thirty-five square miles in Oneida count^^ 
 These Indians, influenced by an educated and eloquent 
 young chief, Solomon U. Hedrick, and their resident mis- 
 sionary, John Seargeant, became anxious to obtain a 
 suitable tract of land west of the lakes to which they might 
 remove and where they could have a permanent home. 
 They obtained the influence and aid of the American Board 
 of Missions, by which the late Dr. Jedediah Morse— whose 
 name is identified with the history of education in Amer- 
 ica, by the publication of his Geography, Atlas and Gazet- 
 teer, and who was the father of S. F. B. Morse the inventor 
 of the electric telegraph — was induced to undertake the 
 mission of selecting a proper location. Preliminary to this 
 undertaking application was made to the Secretary of War, 
 that he be commissioned to make a general tour among the 
 northwestern Indians, with a view to forming a better un- 
 derstanding between them and the Government. 
 
 In 1816-17, Eleazer Williams, the same who afterwards 
 advanced the fictitious and preposterous claim to be the 
 Dauphin of France, Louis 19th, appeared among the Oneida 
 
108 HISTORY OF THE TEERITORY OF WISCONSIN. 
 
 Indians. Born among the St. Regis Indians, of which tribe 
 his mother was a native, and with whom he had Hved until 
 he was fourteen years old, the Indian language was his 
 native tongue. He spent his boyhood from the age of 14 to 
 19 in New England schools and acquired a good English 
 education and was tolerably conversant with the Christian 
 system and with theology. He was withal a natural ora- 
 tor and most graceful and powerful speaker. He was com- 
 missioned by Bishop Hobakt as catechist and lay reader to 
 the Oneida Indians. Great success attended his missionary 
 work, as the result of which the Bishop confirmed about 
 fifty communicants. 
 
 But the field for the labors of this missionary confined, as 
 it was to about fifteen hundred Oneidas, was more limited 
 than his ambition. Whether the idea originated with him, 
 or whether it was suggested by the Ogden Land Company, 
 or borrowed from the Stockbridges, he proposed to the 
 Oneidas in 1818, a grand emigration scheme and a confed- 
 erated Indian Government. This scheme contemplated 
 that the Oneidas, and all other New York Indians, with 
 many of those in Canada and the Senecas at Sandusky, 
 should remove to the neighborhood of Green Bay, and there 
 unite in one grand confederacy of cantons, but all under 
 one federal head. The contemplated government was to be 
 a mixture of civil, military and ecclesiastic, the latter to 
 predominate. The older and more sober minded of the 
 Oneida chiefs lent no favor to the plan, but some of the 
 younger men were more captivated with it, and some of the 
 young hereditary chiefs were drawn into it. He also en- 
 ticed a few of the young men of each of the other tribes of 
 the Six Nations, to enter into his scheme. He next addressed 
 the "War Department, soliciting its countenance and assist- 
 ance to enable a delegation of twenty, from the several 
 tribes of the Six Nations, to visit the western tribes, for the 
 purpose of obtaining a cession of country for a new home. 
 
 The Southern States, and their representatives in Con- 
 gress and in the executive departments, regarded with ex- 
 treme jealousy the rapidly advancing power of the free 
 States. By the ordinance of 1?87, slavery was forever pro- 
 hibited in any States to be formed in the Northwest Terri- 
 tory; and the northern boundary of Illinois M'as by an act 
 of Congress purposely extended more than sixty miles north 
 of the boundary prescribed by the ordinance, in the vain 
 
NEW YORK INDIANS. 109 
 
 expectation that the country north of it could never acqun^e 
 sufficient strength in wealth or numbers to claim admission 
 as a State in the Union. 
 
 During the administration of Mr. Monroe, John C Cal- 
 houn was Secretary of War, and lent his sanction to a plan 
 to devote the territory west of Lake Michigan and north of 
 Illinois as an Indian Territory, in which to colonize all the 
 remaining tribes in the Northern States. 
 
 It excites no surprise, therefore, that the Secretary of AVar 
 yielded a ready acquiescence in, and co-operation with, the 
 plans and application of the Ogden Land Company, Dr. 
 Morse and Mr. Williams. The application which had been 
 made in behalf of Dr. Morse was granted, and he spent the 
 summer of 1820 in visiting several of the northwestern 
 tribes, fifteen days of which were spent at Green Bay, where 
 he was the guest of Col. Smith, and where he devoted his 
 best efforts to securing a western retreat for the Stockbridge 
 and other New York Indians. 
 
 In response to the application of Mr. Williams, the War 
 Department gave orders to the several superintendents of 
 Indian affairs, and commandants of military posts, to issue 
 to the delegates of the different tribes of New York Indians, 
 not exceeding twelve, certain amounts of rations, blankets, 
 powder, lead, etc., and to facilitate their movements on their 
 journey. A requisition also was ordered to be made on the 
 naval officer at Detroit for a vessel to take the delegates 
 from Detroit to Green Bay, if there was any fit for service. 
 
 A copy of these orders was furnished Mr. Williams, and 
 on the 22d of July, 1820, he arrived with the delegation at 
 Detroit and called on Gen. Cass, then Governor of Michigan 
 Territory and superintendent of Indian affairs. 
 
 On his arrival at Detroit Mr. Williams learned that a 
 treaty had been made with the Menomonees a few days be- 
 fore, in which they had ceded to the United States forty 
 miles square of their land in the immediate vicinity of Fort 
 Howard. This purchase of the very land Mr. Williams 
 most desired, frustrated all his plans, and for the present, 
 at least, defeated all his hopes; and as there was no govern- 
 ment vessel there fit for service he, with his delegation of 
 Indians, retraced their steps to the State of New York. 
 That State took the cause of the Indians in its keeping, and 
 the treaty was rejected by the Senate, and this impediment 
 to the emigration project was removed. 
 
110 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 The next year a similar order was made by the War De- 
 partment, and Mr. Williams, with fourteen delegates from 
 the tribes of Stockbridge, Oneida, Onondaga, Tuscarora, 
 Seneca, and St. Regis Indians, being joined at Detroit by C. 
 C. Trowbkidge, deputed by Gov, Cass, proceeded to Green 
 Bay, where they arrived August 5, 1S21. A very large por- 
 tion of the Menomonees, influenced by the French inhabit- 
 ants, the traders, and many of the half-breeds, were opposed 
 to any cession of lands. But on the 18th of August a 
 treaty was made, signed by some of the chiefs and head 
 men of the Winnebagoes and Menomonees, by which the 
 land was ceded from Grand Kau-kau-lin to the rapids at the 
 Winnebago lake, and extending on each side of the river, 
 up and down, equi-distant with the lands claimed by the 
 Menomonees and Winnebagoes. This treaty was approved 
 by the President of the United States, but its vahdity was 
 always denied by a large part of the Menomonees. 
 
 On returning to New York, Mr. Williams found a more 
 formidable opposition to his proceedings than he had met 
 at Green Bay. A large part of the Stockbridges, Oneidas, 
 Onondagas, Tuscaroras and all the Senecas were opposed 
 to the treaty. 
 
 In 1823 a new order was obtained from the War Depart- 
 ment, which still continued to favor the enterprise, provid- 
 ing for another visit to Green Bay. The delegation was 
 larger than that of the previous year, and John Sargeant, 
 Jr., succeeded Mr. Trowbridge, on the part of the United 
 States. They reached Green Bay the 1st of September. The 
 Winnebagoes and Menomonees were soon assembled at the 
 agency house at Green Bay, but the Winnebagoes refused 
 all further negotiations, and soon retired up the river. After 
 making the payments agreed upon in the treaty of the 
 previous year, followed by feasting, dancing and a general 
 hilarity of two days, there was much negotiation and a 
 conference which continued for several days, the result of 
 all of which was that on the 23rd day of September, 1822, a 
 new treaty was^made between the chiefs assuming to rep- 
 resent the Menomonees, and those assuming to represent 
 the Stockbridge, Oneida, Tuscarora, St. Regis and Munsee 
 Indians, by which the former tribe purport to cede to the 
 latter tribes, all their lands, east, north and west of those 
 ceded the previous year. 
 
NEW YORK INDIANS. HI 
 
 This treaty was approved by the President, March 13, 1823, 
 with some modifications of the boundaries. 
 
 A small party of about fifty Stockbridges located late in 
 the fall of this year, at the Grand Kau-kau-lin on the east 
 side of the river, and were joined the next year by a party 
 of Munsees. A small party of the Brothertowns reached 
 Green Bay the second year (1823) and located at Little Kau- 
 kau-lin on the east side of the river. A small party of 
 Oneidas came at the same time and located at the same 
 place where they remained until 1825, when they removed 
 to Duck Creek. 
 
 The treaty of 1822 excited, if possible, more opposition 
 among the Menomonees, than that of the previous year and 
 a large part of the tribe, probably a majority, were deter- 
 mined that they would disregard it. There was no less 
 opposition to the treaty among most of the New York 
 Indians who were resolved not to emigrate. 
 
 On the 11th of August, 1827, a treaty was made at Butte 
 des Morts between Gov. Cass and Thomas L. McKinney, 
 commissioners on the part of the United States, and the 
 Chippewas, Menomonees and Winnebagoes, the chief object 
 of which was to declare the boundaries between these 
 tribes. In the second article of this treaty it is declared that 
 the difficulties between the Menomonee and Winnebago 
 tribes, and the tribes or portions of tribes of the State of 
 New York, and the claims of the respective parties, as well 
 with relation to tenure and boundaries as to the authority 
 of the persons who signed the treaties, be referred to the 
 President of the United States, whose decision should be 
 jSnal. The resolution of the Senate, ratifying this treaty, 
 contained a provision, that it should not affect any right or 
 claim of the New York Indians, which destroyed the effect 
 of the second article of the Cass treaty. 
 
 In 1830, Eeastus Root and James McCall of New York, 
 and John T. Mason, Secretary of Michigan Territory, were 
 appointed commissioners by the United States to effect an 
 adjustment of the whole matter between the Wisconsin 
 Indians and the New York Indians. Eight days were spent 
 in council and every effort made to reconcile the Menomo- 
 nees to the claims in whole or in part of the New York In- 
 dians. Nothing could be done. The Menomonees were 
 inflexible. They would agree to nothing except that, as 
 the New York Indians were in the country, they might stay 
 
112 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 during good behavior, but must be regarded as tenants at 
 will and having no interest in the land. 
 
 About this time Col. Samuel C. Stambaugh was ap- 
 pointed Indian agent at Green Bay by General Jackson. 
 On the 8th of November, 1830,' he left Green Bay with a 
 delegation of fourteen Menomonee chiefs to visit Washing- 
 ton with a view to making a treaty there for the sale of 
 a part of their lands to the United States. On their 
 arrival there on the 11th of December, the President ap- 
 pointed Gen. Eaton, Secretary of War, and Col. Stam- 
 baugh, commissioners to make a treaty. 
 
 After several delays and much informal negotiation the 
 Commissioners and the Menomonees met and on the 8th of 
 February 1831, agreed upon a treaty, in which it was pro- 
 vided that a tract of land should be set apart as a home for 
 the New York Indians bounded as follows: Beginning on the 
 west side of Fox River, near the little Kau-kau-lin at the 
 'Old Mill Dam'; then northwest forty miles; then northeast to 
 the Oconto river; then down the Oconto, and up and along 
 Green Bay and Fox River to the place of beginning contain- 
 ing about 500,000 acres, excluding private claims and the mil- 
 itary reservation. The treaty in the first article limited the 
 time of the removal and settlement of the New York In- 
 dians upon the lands to three years. It further provided 
 in the sixth article, that if the New York Indians then in 
 Wisconsin, should not remove to and settle on the ceded 
 land within three years, the President should direct their 
 immediate removal from the Menomonee country. On the 
 17th day of February, 1831, a supplementary article was 
 added to the treaty, which provided, that instead of the lim- 
 itation of three years contained in the first article, the 
 President should prescribe the time for the removal and 
 settlement, and that the removal of the Indians, mentioned 
 in the sixth article, should be left discretionary with the 
 President. 
 
 This treaty not having been acted upon at the session 
 which terminated March 4th, 1831, a further stipulation was 
 made on the 15th of March, that it should be laid before the 
 Senate at its next session, with the same effect as at the 
 late session. 
 
 The amendments made on the 17th February did not 
 reconcile the New York Indians to the treaty, and they re- 
 newed their opposition to it at the next session. The result 
 
NEW YORK INDIANS. 113 
 
 was that the treaty was ratified by the Senate on the 25th 
 June, 1832, with an amendment in the interest of the New 
 York Indians, which provided that two townships of land 
 on the east side of Winnebago Lake, equal to forty-six 
 thousand and eighty acres, should be laid off for the use of 
 the Stockbridge and Munsee tribes, and one township ad- 
 joining, equal to twenty-three thousand and forty acres, 
 should be laid off and granted for the use of the Brother- 
 town Indians; and that the Stockbridge, Munsee and Broth- 
 ertown Indians should relinquish to the United States all 
 their claims to any other lands, on the east side of Fox 
 River, and that the United States should pay the Indians 
 for their improvements thereon. 
 
 The amendment of the Senate also provided that the 
 southwestern boundary of the 500,000 acre tract on the 
 western side of the Fox River, should be extended south- 
 westerly far enough to add to it 200,000 acres, and that the 
 same number of acres should be taken from the northeast 
 side. 
 
 On the 27th October, 1832, a council w^as held at Green 
 Bay, by George B. Porter, Governor of Michigan Terri- 
 tory, commissioned for that purpose by the President, with 
 the representatives of the Menomonees, Stockbridges, 
 Munsees, Brothertowns, St. Regis and Six Nations. The Me- 
 nomonees assented without objection to so much of the Sen- 
 ate amendment as related to the three townships of land on 
 the east side of Lake Winnebago, but proposed a modifi- 
 cation of the southwestern boundary line of the 200,000 
 acres added on the southwest side, not however affecting 
 the quantity of land added. All the New York Indians, in- 
 cluding the St. Regis and Six Nations (generally known as 
 Oneidas), accepted and agreed to the Senate amendments, 
 with the modification proposed by the Menomonees, and 
 requested that they might be ratified and approved by the 
 President and Senate of the United States. 
 
 The conflict with the Wisconsin Indians, which had its 
 origin in the three separate schemes of the Ogden Land 
 Company to make its pre-emption rights available, of the 
 Stockbridge, Munsee and Brothertown Indians, to obtain a 
 more desirable home, and of Eleazer Williams to build up 
 a grand Indian nation, fostered and encouraged as these 
 schemes were by John C. Calhoun, to render it impossible 
 that more free states should be organized out of the North- 
 8 
 
114 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 west Territory, by setting it apart for the sole dominion of 
 Indian tribes, was now terminated. This conflict had con- 
 tinued for more than twelve j'ears, and the result had fallen 
 so far short of the grand hopes and castles in the air, built 
 by Williams, that he abandoned forever his Utopian scheme 
 and devoted his time to the establishment of his more vis- 
 ionary fiction, that he was the Dauphin— the " Lost Prince" 
 of the house of the Bourbons. 
 
 The schemes of the Ogden Land Company, of relegating 
 to the wilds of Wisconsin the Indians who occupied the 
 lands in New York, which the company coveted so much, 
 was attended with the same disaster, and the project of ob- 
 taining a home for them near Green Bay was abandoned, 
 to be succeeded by a provision for their transfer a few 
 years later to a reservation made west of Missouri, in the 
 southeastern part of what has since become the State of 
 Kansas, where a reservation of nearly two million acres 
 was, by treaty, entered into January 15, 1838, made for — 
 
 " A permanent home for all the New York Indians now residing in the State of New 
 York or in Wisconsin, or elsewhere in the United States." 
 
 The hopes of the Secretary of War, and of all others who 
 shared them, of abridging the area of freedom, were also 
 disappointed. 
 
 The New York Indians, who had removed or desired to 
 remove to Green Bay, were the onh^ parties to the original 
 plan of emigration that were satisfied with the result. The 
 whole of the Stockbridges, Brothertowns, and part of the 
 Munsees, with about eleven hundred Oneidas, moved soon 
 after to their respective locations, and the community of the 
 Oneidas has been continually augmented by the annual ac- 
 cession of small parties from New York. 
 
 By a treaty made with the United States, February 3, 
 1838, the Oneida Indians, in consideration of $33,500, ceded 
 to the United States all their title and interest in the land 
 set apart to them by the treaties of 1831 and 1832, reserving 
 a tract of one hundred acres to each individual of the 
 Oneidas, to be surveyed by the government as soon as prac- 
 ticable, so as to include all their settlements and improve- 
 ments. 
 
 By this treaty the possessions of the Six Nations were 
 reduced to a tract of about eight miles by twelve, contain- 
 ing about sixty-one thousand acres. About two thousand 
 of these people now live on this tract, who are slowly pro- 
 
THE LEAD MINES AND WINNEBAGO WAR. I15 
 
 gressing in civilization. There is a missionary church and 
 school in the settlement, under the fostering care of the 
 Protestant Episcopal church. About one hundred and fifty 
 families, comprising about seven hundred and fifty persons, 
 compose the church congregation, of whom about two hun- 
 dred and fifty are communicants. 
 
 The Brothertown Indians had entirely laid aside their 
 aboriginal character, to the extent even of having lost their 
 vernacular, and adopted the English language, and w^ere in 
 a fit situation to abandon their tribal relations and become 
 citizens of the United States. Congress, therefore, by an 
 act approved March 3, 1839, provided that the township of 
 land granted for their use by the Menomonees, should be 
 partitioned and divided among the different individuals 
 composing the Brothertown tribe, and be held by them sep- 
 arately and severally in fee simple. And that thereafter 
 each of them should be citizens of the United States, and 
 their rights as a tribe or a nation should cease and deter- 
 mine. Since then they have been recognized as citizens; 
 have been elected members of the Legislature, and to other 
 offices imder the Territorial and State governments, and 
 have become homogeneous with the other inhabitants of the 
 State. 
 
 CHAPTER XI. 
 
 THE LEAD MINES AND W^INNEBAGO WAR. 
 
 The history of General Smith is as complete in relation to 
 the Indian disturbances in Wisconsin, as to the early ex- 
 plorations of the valley of the Mississippi, and this chapter 
 is largely made up of extracts from that rare and valuable 
 work. 
 
 Indian wars with their attendant horrors and savage 
 atrocities have ever been concomitants of the primitive 
 permanent settlement of every part of the American conti- 
 nent from those which followed the settlements at James- 
 tovv-n and Plymouth to the latest conflicts with the savages 
 of the Territories. 
 
 Indian traders in the ISTcrthwest were suffered to pursue 
 their vocation for nearly two hundred years without mo- 
 
116 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 lestation, for the reason, doubtless, that the articles of traflBc 
 which they exchanged for furs and peltries contributed to 
 the gratification of the tastes of the aborigines and to their 
 success in hunting, fishing and trapping. 
 
 Besides the few missionaries who gave no offense to the 
 Indians, and who were the apostles of the gospel of peace, 
 there were no inhabitants who were not directly or remotely 
 connected with the Indian trade, who for reasons already 
 stated were suffered to pursue their vocation during this 
 long period without interruption. Moreover, a large pro- 
 portion of these traders were Frenchmen, many of whom 
 had intermarried with the Indians of the various tribes, 
 and their hybrid progeny exerted a powerful influence in 
 creating a kindly feeling towards all French people. 
 
 But very different feelings pervaded the savage breast 
 towards those who came to occupy the country for agri- 
 cultural purposes; and, consequently, as they rightly be- 
 lieved, to impair its value for their nomadic use. And most 
 especially were the Winnebago Indians jealous of, and 
 determinedly opposed to, any intrusion upon or occupation 
 of the country, which should threaten to interfere with 
 their exclusive occupancy of the Lead Mine Region, the sole 
 right to which east of the Mississippi, was claimed by that 
 tribe. 
 
 Mr. John Shaw has been already mentioned as having 
 been engaged between 1815 and 1820, in running a trading 
 boat between St. Louis and Prairie du Chien. In one of 
 those trips he was aiixious to visit the Lead Mines at 
 Galena, with one of his trading boats, but was told by the 
 Indians that the " white man must not see their Lead 
 Mines;-' but as he spoke French fluently, he was supposed 
 to be a Frenchman, and was permitted to go up the Fever 
 river with his boat, where he found at least twenty smelt- 
 ing places of which he has given the following description: 
 
 " A hole or cavity was dug in the face of a piece of sloping ground, about two feet in 
 depth and as much in width at the top; this hole was made in the shape of a mill-hopper, 
 and lined or faced with flat stones. At the bottom or point of the hopper, which was 
 about 8 or 9 inches square other narrow stones were laid across grate-wise; a channel 
 or eye was dug from the sloping side of the ground inwards to the bottom of the hopper. 
 This channel was about a foot in width and in height, and was filled with dry wood and 
 brush. The hopper being filled witli the mineral and the wood ignited, the molten lead 
 fell through the stones at the bottom of the hopper; and this was discharged through 
 the eye, over the earth, in bowl-shaped masses called 'plats,' each of which weighed about 
 seventy pounds. 
 
THE LEAD MINES AND WINNEBAGO WAR. 117 
 
 The first occupation of the lead mines by white men 
 was in 1822, when Col. James Johnson, brother of tlie fa- 
 mous Richard M. Johnson, took possession with a small 
 party of men, under the protection of several detachments 
 of troops sent forward by order of the War Department. A 
 very few persons, probably not more than twenty, spent the 
 ensuing winter at Galena. 
 
 Col. Morgan was then in command at Fort Crawford, and 
 had charge of the troops, and some sort of treaty or agree- 
 ment was probably made between him and Col. Johnson on 
 the one part, and the Indians on the otlier, by which the oc- 
 cupancy by the whites was assented to; but whatever it 
 was, it does not appear to have been ratified by, if ever sub- 
 mitted to, the Senate. 
 
 In 1823, some accessions were made to the population ; 
 and in August, by a census then taken, there were seventy- 
 four persons, men, women and children, of whom a number 
 were negroes. The total product of lead shipped that year 
 was 425,000 pounds.* 
 
 There was a slight increase of immigration in 1824, and 
 the mines at Hazel Green and New Diggings were discov- 
 ered, and worked with great profit. 
 
 Two officers of the ordinance department — Maj. Ander- 
 son and Lieut. Burdine — were sent out to protect the inter- 
 ests of the government; and subsequently Lieut. Martin 
 Thomas was appointed superintendent of the inines. 
 
 The fame of the Upper Mississippi lead mines, and their 
 fabulous value and richness, had been spread far and wide 
 throughout the Mississippi Valley; and by the year 1825, 
 the desire for gain and love of adventure and spirit of mi- 
 gration had taken possession of its inhabitants, especially in 
 Illinois, Missouri, Kentucky and Tennessee, so that the de- 
 termination to occupy and utilize these mines of wealth 
 
 ♦"Amount of lead niaiiufactured : 
 
 In 1835 439,473 lbs. 
 
 1820. . . 1,500,.53U lbs. 
 
 1837 6,834,389 lbs. 
 
 1838 12,957,100 lbs. 
 
 1829— first quarter 2,494,441 lbs. 
 
 "Estimated number of inhabitants: 
 I°1825 200 
 
 ^^^^ 1,000 
 
 1827 
 
 ^^^^ 10,000 
 
 "About one-twentieth are females, and one hundred are free blacks." 
 
118 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 could no longer be restrained by any pretensions of the red 
 man to the exclusive right of their possession. 
 
 The time had now come when this beautiful country was 
 to be occupied by a hardy, resolute, adventurous and perse- 
 vering population. The laws which, as a rule, generally 
 confine the migration of the human race to isothermal 
 zones and similarity of climate, were to be set at defiance, 
 and the emigrant from the mild climate of Tennessee, Ken- 
 tucky, Missouri and southern Illinois was to exchange the 
 balmy and genial atmosphere to which he had been accus- 
 tomed, for one in which during nearly half the year all na- 
 ture is bound with icy chains and covered with its robe 
 of snow. But no matter ! The migratory spirit stimulated 
 by the greed for suddenly acquired wealth, and the irre- 
 pressible love of adventure, had taken possession of the 
 pioneer immigrants to the lead mines, and the years of 1825 
 and 1826 witnessed a rush of emigration which had never 
 before had its parallel, and the like of which has never since 
 been seen, unless in the migration to California some twen- 
 ty or more years subsequently. 
 
 These pioneers came in search of lead, and nearly all with 
 the expectation of soon getting rich and returning to the 
 homes they left behind them. Many came in the spring and 
 returned upon the approach of winter, thus exhibiting so 
 close a resemblance to some of the piscatory tribe that they 
 received the designation of "suckers," and the results of 
 their temporary and unsystematic labor were known as 
 "sucker holes." 
 
 Others, however — some attracted by success and some 
 compelled by the necessities resulting from ill luck — re- 
 mained, and soon became permanently attached to the 
 country, which they had visited at first only as an adventur- 
 ous experiment. 
 
 Galena was the objective point of all the earliest immi- 
 grants, as it was the first point at which their mining and 
 smelting operations were begun. But the mines in the 
 immediate vicinity of Galena were not adequate to meeting 
 the wants and expectations of the thousands of adventurers 
 who were flocking to it, and they sought new fields of dis- 
 covery, and many with such success that it soon became 
 evident that the extent of the lead district was far greater 
 than their first impressions had led them to suppose. Mines 
 were soon opened at Hardscrabble, Council Hill, Vinegar 
 
THE LEAD MINES AND WINNEBAGO WAR 119 
 
 Hill, East Fork, New Diggings, Biincome, batches, Gratiot's 
 Grove, Shullsburg, Stump Grove, Wiota, Sinsinniwa, Me- 
 nomonie, Big Patch, Platteville, Snake Hollow, Beetown, 
 Rattle Snake, Crow Branch, Strawberry, Mineral Point, 
 Dodgeville, Blue Mound, Sugar River and at many other 
 points. 
 
 Such was the march of progress in the development of 
 these newly discovered lead mines, that during the first three 
 years of their occupancy, and before the Indian title was 
 extinguished, the lead product exceeded fifteen million 
 pounds, and this, notwithstanding the continued disturbance 
 of the settlers by Indian hostilities, against which they were 
 wholly dependent upon themselves for protection, until, by 
 their own well directed efforts, governmental protection 
 was no longer necessary. 
 
 During these first three years of the settlement of the lead 
 mines, the pioneer occupants o^ the hunting grounds of 
 the Winnebagoes lived in constant apprehension of the re- 
 sentment of this numerous and savage tribe, who regarded 
 such occupancy as an unwarranted invasion of their coun- 
 try, for which they appeared determined to be revenged. 
 
 In the summer of 1825 a grand council, or treaty, was held 
 at Prairie du Chien, with the different tribes of Indians. 
 Gov, Cass, of Michigan, and Gen. Clark, of Missouri, super- 
 intendents of Indian affairs for their respective regions, 
 were commissioners on the part of the United States. The 
 Indian tribes represented were the Sioux, Sauks and Foxes, 
 Chippewas, Winnebagoes, Menomonees, lowas, and a por- 
 tion of the Ottawa, Chippewa, and Potawatomie tribes liv- 
 ing upon the Illinois. The object of this treaty was to make 
 a general and lasting peace between these tribes, and also 
 to settle the boundaries between them respectively. Gov. 
 Cass, when asked what good he thought would result from 
 it, shrugged his shoulders and smiling, said: "They would 
 have it so at Washington." A treaty of j^erpetiial peace 
 was made, and the boundaries settled between the diiTerent 
 tribes, which resulted in keeping the Indians at peace — un- 
 til they were ready again to go upon the war-path. 
 
 In October, 1826, by a positive order from Washington, 
 the troops were removed from Fort Crawford, up the river 
 to Fort Snelling, and Fort Crawford v/as abandoned, the 
 commandant taking with him two Winnebago Indians who 
 had been confined in the guard-house for some supposed of- 
 
120 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 fense of a trivial nature. He left behind, in charge of the 
 sub-Indian agent, a brass swivel, a few wall pieces, all the 
 damaged arms," and some provisions. This removal induced 
 the Winnebagoes to believe that the troops had fled through 
 fear of them. 
 
 Several times during the winter of 1826-27, some of the 
 older citizens of Prairie du Chien, who best understood the 
 Indian character, and the peculiarities of the Winnebagoes — 
 and especially Mr, Michael Brisbois — expressed serious 
 fears of some outrages from those Indians in the spring, 
 and that they were bent on war. But it was generally 
 thought impossible that, surrounded as they were with 
 Americans and troops in the country, they should for a mo- 
 ment seriously entertain such an idea. 
 
 In March, 1827, one of the residents of Prairie du Chien 
 named Methode, went up Yellow, or Painted Rock creek, 
 about twelve miles above the village, to make sugar. His 
 wife, said to have been a most beautiful woman, accom- 
 panied him with her five children. Besides these and his 
 faithful dog, the wolves and the trees were his only com- 
 panions. The sugar season being over, and he not returning 
 or being heard from, a party of his friends went to look 
 for him. Methode's dog was first found, shot with half a 
 score of balls, and yet holding in his dead jaws a piece of 
 scarlet cloth, which he had apparently torn from an Indian 
 legging. After further search the camp was found, con- 
 sumed by fire. The whole party of seven had been killed, 
 all — Madame Methode in particular, she being enceinte — 
 were shockingly mangled. 
 
 It afterward appeared that a party of Winnebagoes had 
 been seen near Yellow creek, after Methods had gone 
 there, and one of them — Wa-man-doos-ga-ra-ka — having 
 been arrested and examined, is said to have confessed his 
 guilt, and implicated several others. 
 
 In the spring of 1827 a rumor was very extensively cir- 
 culated among the Winnebagoes, and generally believed, 
 that the two prisoners of their tribe who had been removed 
 from Fort Crawford to Fort Snelling, had been turned over 
 to the Chippewas, to run the gauntlet through a party of 
 the latter tribe, armed with clubs and tomahawks, and the 
 race for life had resulted in the killing of both of them. 
 Something like this occurred with reference to some Sioux 
 
THE LEAD MINES AND WINNEBAGO WAR. 121 
 
 prisoners at Fort Snelling, but the story had no truth as ap- 
 plied to the Winnebago prisoners. 
 
 Hitherto the Winnebago chief, Red Bird, had not only- 
 been well known at Prairie du Chien, but had the confidence 
 and respect of all the inhabitants to such an extent that he 
 was always sought after as a protector; and his presence 
 was looked upon as a pledge of security against any out- 
 break that might be attempted. 
 
 When the unfounded rumors of the killing of the Win- 
 nebago prisoners at Fort Snelling were heard and believed, 
 the leading chiefs held a council and resolved upon retalia- 
 tion; and Red Bird was called upon to go out and "take 
 meat/' as they phrase it. Beckoning to We-kau and an- 
 other Indian named Chic-hon-sic, he told them to follow 
 him. They proceeded to Prairie du Chien, and on the 26th 
 of June went to the house of Hon. James H. Lockwood, 
 who had left home the previous day, leaving his house in 
 charge of his wife, her brother, a young man of sixteen, 
 and a servant girl. Red Bird and the other two Indians 
 entered the cellar kitchen, loaded their guns in the pres- 
 ence of the servant girl, and went up through the hall into 
 Mrs. Lockwood's bedroom, where she was sitting alone. 
 The moment they entered her room she believed they came 
 to kill her, and immediately passed into and through the 
 parlor, and crossed the hall into the store to her brother, 
 where she found Duncan Graham, who had been in the 
 country about forty years as a trader, and was known by all 
 the Indians as an Englishman. He had formerly been com- 
 mandant at Prairie du Chien, when under British dominion. 
 The Indians followed Mrs. Lockwood into the store, and 
 Mr. Graham by some means induced them to leave the 
 house. 
 
 Red Birdi and his savage accomplices then went the same 
 day to McNair's Coulee, about two miles southeast of the 
 village, where lived Rijeste Gagnier and his wife with 
 two small children — a boy three years old, and a daughter 
 aged eleven months; and living with them was an old dis- 
 charged soldier by the name of Solomon Lipcap. The 
 three Indians entered the cabin, and, such visits being com- 
 mon, were received with the usual civility, and were asked 
 if they would have something to eat. They said yes, and 
 would like some fish and milk. As Mrs. Gagnier turned to 
 get the fish and milk, she heard the click of Red Bird's 
 
122 HISTORY OF THE TEERITORY OF WISCONSIN. 
 
 rifle, which was instantly followed by its discharge, and her 
 murdered husband fell dead at her feet. At the same mo- 
 ment the Indian Chic-hon-sic shot and killed old Lipcap; 
 when Mrs. Gagnier seeing We-kau, who had lingered 
 about the door, she wrested from him his rifle; but from 
 trepidation or some other cause was unable to use it, " feel- 
 ing,'' as she expressed it, " like one in a dream, trying to 
 call or to run, but without the ability to do either," She 
 then, with her oldest child, and bearing the rifle with her, 
 ran to the village and gave the alarm. A party of armed 
 men returned with her, and brought away the two murdered 
 men, and the infant which she had left covered up in the 
 bed, which they found on the floor beneath it. The helpless 
 child had been scalped by We-kau, who had inflicted upon 
 its neck a severe cut to the bone, just below the occiput, from 
 which she afterward recovered, and is still living, the 
 mother of a family, but despoiled of the glory of her sex. 
 
 On the same day (June 26th), two keel boats commanded 
 by Capt. Allen Lindsay, which a few days before had as- 
 cended the river laden with provisions for the troops at 
 Fort Snelling, passed the mouth of the Bad Axe on their 
 way back to St. Louis. On the upward trip some hostile 
 demonstrations had been made by the Dakotas, which in- 
 duced Capt. Lindsay to ask that his crew should be fur- 
 nished with arms and ammunition. Col, Snelling, the 
 commanding officer, complied with his request, and the 
 thirty-two men of which the crew consisted, were provided 
 with thirty-two muskets and a barrel of ball cartridges. The 
 Dakotas occupied the right bank of the river, and Capt. 
 Lindsay and his men were on their guard against any 
 attack from them; but they had no apprehension of any 
 attack from the Winnebagoes who occupied the left bank 
 of the Mississippi. 
 
 The village of Wa-ba-shaw, the site of the present town 
 of Winona, was the lowest point on the river at which they 
 expected to encounter the Dakotas. Having passed this 
 point in safety, and a strong wind having sprung up, the 
 boats parted company, and one of them, the O. H. Perry, 
 by the time it reached the mouth of the Bad Axe, was 
 several miles in advance of the other. 
 
 In the meantime thirty-seven Winnebagoes, inspired by 
 the same common feelings of vengeance, cruelty and hate, 
 which had led to the murder of Methode and his family. 
 
THE LEAD MINES AND WINNEBAGO WAR. 123 
 
 and which was, on that very day, instigating the invasion 
 of the peaceful home of Gagnier, and the murder of its 
 inmates by Red Bird, We-kau and Chic-hon-sic, had, in 
 pursuance doubtless of a common purpose to exterminate 
 the whites, concealed themselves upon an island in the 
 Mississippi near the mouth of the Bad Axe, between which 
 and the left bank of the river, it was known that the two 
 keel-boats would pass on their return from Fort.Snelling, 
 
 These boats, in model and size, were similar to ordinary 
 canal boats, and furnished considerable protection from 
 exterior attacks with small arms, to those on board, who 
 concealed themselves below the gunwales. 
 
 As the "Perry" approached the island where these hostile 
 savages were concealed, and when within thirty yards of 
 the bank, the air suddenly resounded with the Iblood-chill- 
 ing and ear piercing cries of the war-whoop, and a volley 
 of rifle balls rained across the deck. Of the sixteen men on 
 board, either from marvellous good luck, or because they 
 were below deck, only one man fell at the first fire. He 
 was a negro named Peter, his leg was dreadfully shat- 
 tered, and he afterwards died of the wound. 
 
 The crew now concealed themselves in the boat below the 
 water line, suffering it to float whithersoever the current 
 and the high east wind might drive it. The second volley 
 resulted in the instant death of one man, an American 
 named Stewart, who had risen to return the first fire, and 
 his musket protruding through a loop-hole, showed some 
 Winnebago where to aim. The bullet passed directly 
 through his heart, and he fell dead with his finger on the 
 trigger of his undischarged gun. 
 
 The boat now grounded on a sand bar, and the Indians 
 rushed to their canoes, intending to board it. The crew 
 having recovered froin their panic, and seeing that the 
 only escape from savage butchery was vigorous war, 
 seized their arms and prepared to give the enemy a warm 
 reception. In one canoe containing several savages, two 
 were killed, and in their dying struggles upset the canoe, 
 and the rest were obliged to swim ashore, where it was 
 some time before those who were not disabled by wounds 
 could restore their arms to fighting order. Two of the In- 
 dians succeeded in getting on board the keel-boat, both of 
 whom were killed. One fell into the water, and the other 
 into the boat, in which he was carried down the river; 
 
124 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 but in this hand-to-hand conflict the brave commander of 
 the crew, named Beauchamp, was killed by the first of 
 these two boarders, who in his turn was killed by a daring 
 sailor named Jack Mandeville — called "Saucy Jack," who 
 shot the rash warrior through the head, and he fell over- 
 board, carrying his gun with him. 
 
 Mandeville now assumed command of the crew, whose 
 numbers had been reduced to ten efl^ective men. He 
 sprang into the water on the sand bar for the purpose of 
 shoving off the boat and escaping from their perilous posi- 
 tion, and was followed by four resolute men of his crew. 
 The balls flew thick and fast about them, passing through 
 their clothes; but they persisted, and the boat was soon 
 afloat. Seeing their prey escaping, the Winnebagoes raised 
 a yell of mingled rage and despair, and gave the whites a 
 farewell volley. It was returned with three hearty cheers, 
 and ere a gun could be re-loaded, the boat had floated out 
 of shooting distance, and the survivors were safe, arriving 
 at Prairie du Chien about sunset the next day, the 27th of 
 June. 
 
 The casualties of this engagement were,two of the crew 
 killed, two mortally and two slightly wounded, while it is 
 supposed that ten or twelve Indians were killed, and a great 
 number wounded. 
 
 The other keel-boat, in which was Capt. Lindsay, had on 
 board Mr. William J. Snellinc4, a son of Col. Snelling. 
 Mr. Snelling, the son, is the putative author of an inter- 
 esting anonymous article in relation to the "Winnebago 
 Outbreak of 1827," which was republished in the fifth vol- 
 ume "of the Reports and Collections of the State Historical 
 Society of Wisconsin, and f re n^ vvhich many of the incidents 
 now given are taken. Cap^. Lindsay's boat reached the 
 mouth of the Bad Axe about midnight. The Indians opened 
 a fire upon her, which was promptly returned; one ball only 
 hit the boat, doing no damage; the others passed over harm- 
 less in the darkness through which she pursued her way, 
 and arrived safely at Prairie du Chien on the 28th. 
 
 A slander upon Capt. Lindsay and his crew is contained 
 in Reynolds' "Life and Times," which ought not to escape 
 contradiction. It is stated in this work that the two keel- 
 boats, in ascending the river, 
 
 "Stopped at a large camp of the "Winnebago Indians on the river, not far above Prairie 
 du Chien. The boatmen made the Indians drunk— and no doubt were so themselves — 
 
THE LEAD MINES AND WINNEBAGO WAR, 125 
 
 when they captured some six or seven squaws who were also drunk. These captured 
 squaws were forced on the boats for corrupt and brutal purposes. But not satisfied with 
 this outrage on female virtue, the boatmen took the squaws with them in the boats to 
 Fort Snelling, and returned with them. When the Indians became sober and knew the 
 injuiy done them in this delicate point, they mustered all their forces amounting to 
 several hundred and attacked the boats in which the squaws were confined." 
 
 Mr. Snelling, whose means of knowing the facts were far 
 superior to those of the author of Reynolds' " Life and 
 Times," in the paper to which reference has been made, in 
 speaking of the ascent of these keel-boats, says: 
 
 "They passed the mouth of Black river with a full sheet, so that a few Winnebagoes 
 who were there encamped, had some difficulty in reaching them with their canoes. They 
 might have taken both boats, for there were but three flre-locks on board; neverthele.ss, 
 they offered no injury. They sold flsh and venison to the boatmen on amicable terms, and 
 suffered them to pursue their journey unmolested. We mention this trifling circumstance 
 merely because it wa^ afterwards reported in the St. Louis papers, that the crews of 
 these boats had abused these Winnebagoes shamefully, which assuredly was not the 
 case." 
 
 It is probable that the St. Louis papers were the author- 
 ity upon which the statement now contradicted was made. 
 Mr. Snelling also says, that "thirty-seven Indians were 
 engaged in this battle."' 
 
 The inhabitants in and about Prairie du Chien were gen- 
 erally and very greatly alarmed. They left their houses and 
 farms, and crowded into the now dilapitated fort, and speed- 
 ily established a very effective discipline. A military com- 
 pany was organized, with Thomas McNaie, captain, Joseph 
 Brisbois, lieutenant, and Jean Brunet, ensign, all of whom 
 had previously been commissioned for these offices by Gov. 
 Cass. Mr. Snelling and Judge Lockwood acted as super- 
 numeraries under Capt. McNair, and the force was found, on 
 muster, to number ninety effective men and women who 
 could handle a musket in case of attack. The fort and 
 blockhouse were put in as good state of repair as circum- 
 stances and material would admit. The swivel and wall 
 pieces were found and mounted, and all tl;- blacksmiths 
 were put in requisition to repair the condemned muskets. 
 Judge Lockwood, fortunately, had an abundance of pow- 
 der and lead, which lie liberally furnished, so that the old 
 fort and its occupants were in a respectable state of 
 defense. 
 
 An old voyageur was engaged to cross the Mississippi, and 
 go back through the country to report the situation to Col. 
 Snelling at Fort Snelling. He performed his service : and 
 
12G HISTOEY OF THE TERRITORY OF WISCONSIN. 
 
 after considerable delay. Col. Snelling came down the river 
 with two companies of U. S. infantry. 
 
 An express was sent to Galena, and the effect of the 
 alarming news is described by Col. D. M. Parkinson in these 
 words : 
 
 "The reports being spread over the country, a scene of the most alarming and disorderly 
 confusion ensued — their alarm and constei'nation were depicted in every countenance — 
 thousands flocked to Galena for safety, when, in fact, it was the most exposed and unsafe 
 place in the whole country. All were without arms, order or control. The roads were 
 lined in all directions with frantic and fleeing men, women and children, expecting every 
 moment to be overtaken, tomahawked and scalped by the Indians. It was said, and I pre- 
 sume with tiuth, that the encampment of fugitives at the head of Apple river, on the first 
 night of the alarm, was four miles in extent, and numbered thi-ee thousand persons." 
 
 Gov. Cass, who had come to Butte des Morts to hold a 
 treaty with the Winnebagoes, learning from rumor that 
 there was dissatisfaction among them, started in his canoe, 
 and arrived at Prairie du Chien on the morning of the 4th of 
 July. Having ordered into the service of the United States 
 McNair's military company, he proceeded hastily in his 
 canoe to Galena. There he raised a volunteer company, 
 with Abner Fields as captain, William S. Hamilton and 
 one Smith as lieutenants, in which D. M. Parkinson was 
 sergeant. The command of Fort Crawford was assigned by 
 Gov. Cass to Capt. Fields, who, with his company, imme- 
 diately proceeded to Prairie du Chien on a keel-boat, and 
 took possession of the barracks. Lieut. Martin Thomas, of 
 the U. S army, went up and mustered the two companies 
 of militia into the service of the government. 
 
 In a few days Col. Snelling arrived with his troops, and 
 assumed command of Fort Crawford. He soon after dis- 
 charged Capt. Field's company ; but Capt. McN" air's com- 
 pany was retained in service until some time in the month 
 of August. 
 
 Gov. Cass proceeded from Galena to St. Louis to confer 
 with Gen. Atkinson, then in command of Jefferson Bar- 
 racks and of the Western military department. This re- 
 sulted in Atkinson's removing up the Mississippi with 
 the disposable force under his command. 
 
 During this time the miners in the lead mines had organ- 
 ized a company of mounted volunteers, which numbered 
 over one hundred men, well mounted and armed, and chose 
 Col. Henry Dodge as their commander. While it was the 
 peculiar duty of this force to protect the settlers of the lead 
 
THE LEAD MINES AND WINNEBAGO WAR. 127 
 
 mines against any attack of the savages, they were as ready 
 to pursue them and give battle as to resist attack. 
 
 Eed Bird and the other Winnebagoes having, a;s was sup- 
 posed, fled up the Wisconsin, it was the plan of General 
 Atkinson to go up that river in boats; and he also secured 
 the co-operation of Col. Dodge and his mounted volunteers, 
 who marched to the Wisconsin, a detachment going to 
 Prairie du Chien, and the remainder to English Prairie 
 (now Muscoda). This mounted force scoured both sides of 
 the Wisconsin river from its mouth to the Portage, driving 
 every Indian before them. 
 
 Major Whistler, in command at Fort Howard, had been 
 ordered to proceed up Fox river with any force at his dis- 
 posal, or which might volunteer to aid him. A company of 
 Oneida and Stockbridge Indians, sixty-two in number, were 
 raised by Ebenezer Childs and Joseph Dickinson, which 
 was mustered into Maj. Whistler's detachment at Little 
 Butte des Morts. This force arrived on the 1st day of Sep- 
 tember, 1827, on the high bluff, where, during the next year, 
 the erection of Fort Winnebago was commenced. Here, in 
 pursuance of orders from Gen. Atkinson, sent by express 
 announcing the approach of his force and Dodge's volun- 
 teers, Maj. Whistler encamped to await the arrival of the 
 General. 
 
 The Winnebagoes were now in a desperate plight. With 
 Col. Snelling in command at Fort Crawford, with a large 
 force of regulars and volunteers, confronted by Maj. Whist- 
 ler and his troops, and with Gen, Atkinson following their 
 retreat, aided by Dodge and his mounted volunteers, who 
 drove them out of every hiding place, there seemed to be no 
 alternative for them but to appeal to the lenient mercy of 
 their pursuers. 
 
 Soon after the arrival of Maj. Whistler, it was learned 
 that the Winnebagoes were encamped a little more than a 
 mile distant on the Wisconsin, where Portage City is now 
 located, and were several hundred strong. The Winneba- 
 goes had heard of Gen. Atkinson's approach, and of 
 Dodge's pursuit, before they were known to Maj. Whist- 
 ler, and in a few days a great stir was discovered among 
 the Indians, and a party of thirty warriors was observed by 
 the aid of a field glass, to be approaching his command. 
 The Indian party bore three flags. On two— one in front 
 and one in rear — were the American stars and stripes, while 
 
128 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 the other, in the center, borne by Red Bird, was white. 
 They bore no arms. When they had approached near to 
 the Fox river, they stopped, and singing was heard. Those 
 who were famihar with the air, and who recognized the 
 bearer of the white flag, said: "It is Bed Bird singing his 
 death song." AVhen they had reached the margin of the 
 river, Maj. Whistler ordered Capt. Childs, who was officer 
 of the guard, to take the guard to the river, and ascertain 
 what the Winnebagoes wanted. They replied they had 
 come to deliver up the murderers. They were received by 
 the guard, and taken across the river into the presence of 
 Maj. Whistler. In the lead was Car-i-mau-nee, a distin- 
 guished chief. He said: 
 
 "They are here. Like braves they have come in. Treat them as braves. Do not put 
 them in irons." 
 
 The military had been drawn up in line, the Menomonee 
 and Oneida Indians in groups on the left, the band of music 
 on the right. In front of the center stood Red Bird and 
 his two accomplices in the Gagnier murder, while those 
 who had accompanied them formed a semi-circle on the 
 right and left. All eyes were fixed on Red Bird, as well 
 they might be, for of all his tribe he was the most perfect in 
 form, face, and gesture. In height he was about six feet; 
 straight without restraint. His proportions from his head 
 to his feet were those of the most exact symmetry, and even 
 his fingers were models of beauty. His face was full of all 
 the ennobling, and, at the same time, winning expressions; 
 it appeared to be a compound of grace and dignity, of firm- 
 ness and decision, all tempered with mildness and mercy. 
 It was impossible to conceive that such a face concealed the 
 heart of a murderer. 
 
 It was painted, one side red, the other intermixed with 
 green and white. He was clothed in a Yankton suit of 
 dressed elk-skin, perfectly white, and as soft as a kid glove, 
 new and beautiful. It consisted of a jacket, ornamented 
 with fringe of the same material, the sleeves being cut to 
 fit his finely-formed arm, and of leggings, also of dressed 
 elk-skin, the fringe of which was varied and enriched with 
 blue beads. On his feet he wore moccasins. On each shoul- 
 der, in place of an epaulette, was fastened a preserved red 
 bird. Around his neck he wore a collar of blue wampum, 
 beautifully mixed with white, which was sewed on to a 
 piece of cloth, whilst the claws of a panther or wild cat, 
 
THE LEAD MINES AND WINNEBAGO WAR. 129 
 
 with their points inward, formed the rim of the collar. 
 Around his neck were hanging strands of wampum of va- 
 rious lengths, the circles enlarging as they descended. There 
 was no attempt at ornamenting the hair, after the Indian 
 styl3; but it was cut after the best fashion of the most civ- 
 ilized. Across his breast, in a diagonal position, and bound 
 tight to it, was his war pipe, at least three feet long, brightly 
 ornamented with dyed horse hair, and the feathers and 
 bills of birds. Other ornaments were displayed with exqui- 
 site taste upon his breast and shoulders. In one of his hands 
 he held the white flag, and in the other the calumet or pipe 
 of peace. 
 
 There he stood. Not a muscle moved, nor was the expres- 
 sion of his face changed a particle. He appeared conscious 
 that, according to the Indian law, he had done no w^rong. 
 His conscience was at repose. Death had no terrors for 
 him. He was there prepared to receive the blow that should 
 send him to the happy hunting grounds to meet his fathers 
 and brothers who had gone before him. 
 
 All were told to sit down, when a talk followed between 
 the head men of the Winnebagoes and Maj. Whistler, in 
 which the former claimed much credit for bringing in the 
 captives, and hoped their white brothers would accept 
 horses in commutation for the lives of their friends, and 
 earnestly besought that in any event they might not be put 
 in irons. They were answered and told that they had done 
 well thus to come in ; were advised to warn their people 
 against killing ours, and were impressed with a proper 
 notion of their own weakness and the extent of our power. 
 They were told that the captives should not be put in irons, 
 that they . should have something to eat, and tobacco to 
 smoke. 
 
 Red Bird then stood up, facing the commanding officer, 
 Maj. Whistler. After a moment's pause, and a quick sur- 
 vey of the troops, and with a composed observation of his 
 people, he spoke, looking at Maj. Whistler, and said : 
 
 " I am ready." Then advancing a step or two, he paused and said: "I do not wish to he 
 put iu irons. Let me be free. I have given away my life— (stooping and taking some 
 dust between his finger and thumb and blowing it away)— like that," (eyeing the dust as 
 it fell and vanished), then adding: " I would not take it back. It is gone." 
 
 Having thus spoken, he threw his hands behind him, in- 
 dicating that he was leaving all things behind him, and 
 marched briskly up to Maj. Whistler, breast to breast. A 
 9 
 
130 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 platoon was wheeled backward from the center of the line 
 when, Maj. Whistler stepping aside, the prisoners marched 
 through the line in charge of a file of men, to a tent that 
 had been provided for them in the rear, where a guard was 
 set over them. The other Indians then left the ground by 
 the way they had come, taking with them the advice they 
 had received, and a supply of meat, flour, and tobacco. 
 
 Gen. Atkinson's troops, very soon after the surrender of 
 these captives, arrived at Fort Winnebago, as did also the 
 volunteers in command of Col. Dodge. The Indian prison- 
 €rs were delivered over to Gen. Atkinson, by whom they 
 were sent to Fort Crawford. Gen. Atkinson met the grey- 
 headed De-kau-ray at the Portage, who, in presence of Col. 
 Dodge, disclaimed for himself and the other Winnebagoes 
 any unfriendly feeling toward the United States, and disa- 
 vowed any connection with the murders on the Mississippi. 
 Gen. Atkinson then discharged the volunteers, assigning 
 two companies of regulars to the occupation of Fort Craw- 
 ford, and ordering the other regulars to their respective 
 posts, while he himself returned to Jefferson Barracks. And 
 thus ended the Winnebago outbreak. 
 
 It may be thought that the results of this war are very 
 meagre for the amount of force employed in it. If meas- 
 ured by the amount of blood shed after the murders at 
 Prairie du Chien and on the keel-boat, the criticism is very 
 correct. But if it be intended to suggest that there was no 
 sufficient reason for apprehending that the Winnebagoes 
 contemplated a general rising against and massacre of the 
 whites, the thought and suggestion are the results of great 
 ignorance of the intentions of the Winnebagoes, and of the 
 facts of the case. There is satisfactory evidence that the 
 Pottawatamies were allied with the Winnebagoes, and that 
 they were to fall upon and destroy the settlement at Chi- 
 cago, and it is probable that but for the movements result- 
 ing from the efforts of Gen. Cass, who was fortunately 
 near the seat of war, the whole country would have been 
 overrun with a general Indian outbreak. 
 
 Red Bird died in prison at Prairie du Chien; and in Sep- 
 tember, 1828, his two accomplices, We-kau and Chic-hon-sic, 
 were indicted, tried, and convicted at a term of the United 
 States court held by Judge Doty, as accomplices of Red 
 Bird in the murder of Gagnier and Lipcap. They were 
 sentenced to be hung on the 26th of December following; 
 
THE BLACK HAWK WAR. 131 
 
 but before that day a pardon arrived from President 
 Adams, dated November 3d, and the two Indians were dis- 
 charged. 
 
 CHAPTER XIL 
 
 THE BLACK HAWK WAE. 
 
 The termination of the Winnebago war brought a tem- 
 porary restoration of peace, which revived anew the 
 adventurous spirit of immigration, and brought with it a 
 large intlux of miners and others to the lead mines, and 
 prosperity and progress constantly attended the increasing 
 settlements of the country, which received no material 
 check until the occurrence of the Black Hawk war in 18o2. 
 
 The village of Black Hawk, or, as he called himself. 
 Black Sparrow Hawk, on the left bank of the Mississippi, 
 near the mouth of Rock river, included the site of the pres- 
 ent city of Rock Island, This Indian village was all em- 
 braced within the limits of the territory ceded by the treaty 
 with the Sauks and Foxes, made at St. Louis on November 3, 
 1804, by Gen. William Henry Harrison. The validity 
 of this treaty, which was not signed by Black Hawk, was 
 denied by him, and although it was ratified and confirmed 
 by another treaty made in May, 1816, to which Black 
 Hawk affixed his mark, he pretended to be ignorant of 
 what Ke had done, and denied that the second treaty had 
 any more validity than the first. 
 
 Previous to 1831 the white settlers were in possession of 
 much of the country east of the Mississippi, around Black 
 Hawk's village, and even of the village itself ; and in the 
 spring of that year the chief, driven to desperation in his 
 fruitless attempts to resist what he chose to consider the 
 lawless encroachments of the v/hite settlers, and aggravated 
 by a recent murderous attack of friendly Menomonees, 
 near Prairie du Chien, crossed the Mississippi from the west 
 with his own band of about three hundred warriors, usually 
 called the British band, together with the women and chil- 
 dren, with a purpose to regain, if possible, the possession of 
 the home of his people and the burial place of his fore- 
 fathers. 
 
132 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 He ordered the white settlers away, threw down their 
 fences, unroofed their houses, cut up their grain, drove off 
 and killed their cattle, and threatened the people with death 
 if they remained. About the first of June six companies of 
 the United States troops were, upon the application of Gov, 
 Reynolds, sent from Jefferson Barracks to the scene of the 
 disturbance ; and by the 10th of June fifteen hundred vol- 
 unteers, on the call of the Governor, assembled at Beards- 
 town, on the Illinois' river, and were duly organized under 
 Gen. Joseph Duncan, of the State militia. On the 2Gth of 
 June, the volunteer force having united with the regulars 
 under Gen. Gaines, marched, to the Sauk village; but no 
 enemy was found there. The Indians had quietly departed 
 on the approach of the army, and in their canoes had crossed 
 to the western side of the Mississippi, which it was not 
 claimed had been embraced in the territory ceded by the 
 treaties. 
 
 The army remained encamped for several days on the site 
 of the town on Rock Island, where Black Hawk and his 
 chiefs and braves sued for peace, and a treaty was entered 
 into on June oOth, by which the Indians agreed to remain 
 forever after on the west side of the river, and never to re- 
 cross it without the permission of the President or the Gov- 
 ernor of the State. Gen. Gaines reported that — 
 
 " The Sauks were as completely humbled as if they had been chastised in battle, and 
 less disposed to disturb the frontier inhabitants." 
 
 In this the General was greatly mistaken ; for scarcely a 
 year elapsed before Black Hawk, with all the savage forces 
 he could command, again crossed the Mississippi, when the 
 real Black Hawk war ensued. 
 
 This war, although originating on a portion of Rock river 
 some distance from the settlements in the lead mines, and 
 inaugurated by a tribe who laid no claim to our territory, 
 justly caused great alarm to the inhabitants. The lead 
 mine region was not so distant from the scene of the first 
 hostile demonstrations, that it could not easily be reached; 
 and the relations between the Sauks and the Winnebagoes 
 were such, that serious fears were entertained that the two 
 tribes would make the war a common one. 
 
 These apprehensions induced Col. Dodge, in the month of 
 May, to assemble a company of fifty volunteers, commanded 
 by Captains James H. Gentry and John H. Rountree, who 
 proceeded to the head of the Four Lakes, where, on the 25th 
 
THE BLACK HAWK WAR. I33 
 
 clay of that month Col. Gratiot, the Indian agent for the 
 Winnebagoes, had induced them to meet in council. 
 Col. Dodge, in his "talk" to the Indians, said: 
 
 "My friends: Mr. Ghatiot your father, and myself, have met to have a talk with you. 
 Having identified us both as your friends, in making a sale of your country to the United 
 States, you will not suspect us of deceiving you. 
 
 " The Sauks liave shed the blood of our people. The Winnebago Prophet, and, as we 
 are told, one hundred of your people, have united with Black Hawk and his party. Our 
 people are anxious to know in what relation you stand to us, whether as friends or 
 enemies. 
 
 " Your residence being near our settlements, it is necessary and proper that we should 
 explicitly understand from you, the chiefs and warriors, whether or not you intend to aid, 
 harbor, or counsel the Sauks in your counti-y. To do so will be considered as a declara- 
 tion of war on your part. 
 
 " Yoiu- great American Father is the friend of the Red Skins ; he wishes to make you 
 happy. Your chiefs, who have visited Washmgton, know him well. He is mild in peace 
 but terrible in war. He will ask of no people what is not right, and he will submit to 
 nothing wrong. His power is great. He commands all the warriors of the American 
 people. If you strike us you strike him. If you make war on us, you will have your 
 country taken from you, your annuity money will be forfeited, and the lives of your people 
 must be lost. We speak the words of truth. We hopa they will sink deep into your 
 hearts. 
 
 " The Sauks have killed eleven of our people and wounded three. Our people have 
 killed eleven of the Sauks. It was a small detachment of our army who were engaged 
 with the Sauks ; when the main body of our army appeared, they ran. 
 
 •' The Sauks have given you bad counsel. They tell you lies, and no truth. Stop your 
 ears to their words. They know death and destruction follow them, and they want you to 
 unite with them, wishing to place you in the same situation with themselves. 
 
 " W^e have told you the consequences of uniting with our enemies. We hope that the 
 bright chain of friendship will still continue, that we may travel the same road in friend- 
 ship under a clear sky. 
 
 " We have always been your friends. We have said that you would be honest and true 
 to your treaties. Do not let your actions deceive us. So long as you are true and faithful 
 we will extend the hand of friendship to you and your children. If unfaithful to your 
 treaties, you must expect to share the fate of the Sauks." 
 
 The Winnebagoes promised to be faithful to their treaties, 
 and remain at peace; but it is well known that their prom- 
 ises were inspired alone by fear, while the desire for revenge 
 was with them the predominant passion. 
 
 Black Hawk, regardless of the obligations of the treaty 
 into which he had entered the previous year, crossed the 
 Mississippi early in the spring of 1832, with the intention of 
 using all his endeavors, even unto war, to recover posses- 
 sion of his village. Gov. Reynolds again called upon the 
 militia of Illinois; and in a few days eighteen hundred men 
 responded to the call. They were organized into four regi- 
 ments and a spy battalion, under the general command of 
 
134 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 Gen. Samuel Whiteside, of the State militia. The line of 
 march was taken up from Beardstown, on the 27th of April, 
 for the mouth of Rock river. Gen. Atkinson had left Jef- 
 ferson Barracks on the 8th of April, and set out for the 
 Upper Mississippi with the regular forces of the United 
 States army; and Black Hawk, with his whole tribe of fol- 
 lowers, began to move up Rock river. Gen. Whiteside, in 
 pursuance of arrangements with Gen. Atkinson, moved up 
 Rock river to the Prophet's town; and finding that Black 
 Hawk was still in advance, they burned the Prophet's vil- 
 lage, and moved on about forty miles to Dixon's ferry, 
 where a halt was made to await the arrival of Gen. Atkin- 
 son with the regular forces. At Dixon were found two bat- 
 talions of mounted volunteers, consisting of about three 
 hundred men, under command of Majors Stillman and 
 Bailey. 
 
 Major Stillman, with his force, was ordered up Rock 
 river to spy out the Indians. He began his march on the 
 12th of May; and, about the middle of the afternoon of the 
 ' 14th, the battalion halted for the purpose of encamping for 
 the night. It has been said, and it is probably true, that 
 many of the men were intoxicated, and the pursuit was 
 generally regarded as a big frolic. Nearly all the horses 
 had been picketed out, turned loose or otherwise disposed of. 
 The men were lazily engaged about camp, some gathering 
 wood, some pitching tents, and others drinking whisky, with 
 which they were abundantly supplied. But suddenly a 
 great commotion arose. The Indians raised the war-whoop, 
 and appeared on the open prairie a short distance in 
 advance. Then the rush began, and a strife ensued as to 
 who should first mount and give chase. Pell-mell was the 
 order of the march, which continued for two or three miles. 
 Two of the Indians were overtaken on the prairie, and 
 killed. 
 
 At length the rear of the army reached the Sycamore 
 Creek, where they met the van, in full retreat in the same 
 disgraceful disorder, with the whole body of Indians in hot 
 pursuit. The valiant men, who a few minutes before were 
 so anxious to pursue the enemy, were now more anxious 
 to escape; and they continued their retreat until they 
 reached Dixon. In this confusion Capt, Adams, with the 
 company from Peoria, succeeded in crossing the creek, 
 and took a position between the Indians and the fugitives. 
 
THE BLACK HAWK WAR. I35 
 
 This position they held for some time against the whole 
 force of the enemy, and no doubt saved the lives of many; 
 but at the cost of the life of Capt. Adams and several of his 
 men. The total casualties in this first and most digraceful 
 encounter with the Indians were eleven of Stillman's bat- 
 talion killed and three wounded, while only three Indians 
 were known to have been killed. This was the first blood 
 shed in the Black Hawk war. The next day General 
 Whiteside, and the volunteers under his command, marched 
 for the scene of the disaster; but the Indians had scattered, 
 and could not be found. The volunteer army buried the 
 dead, and returned to Dixon, where General Atkinson ar- 
 rived the following day with the regular forces and supplies 
 of provisions, of which the volunteers stood in much need. 
 
 Colonel Dodge, wlio, by a common intuitive feeling, was 
 regarded as the leader of the people of the lead mines, and 
 commander of all their military forces, as he was also the 
 lawful commander of the militia of that part of Michigan 
 Territory, on the 8th of May addressed a letter from Mineral 
 Point to Governor Reynolds, asking for information in 
 relation to the movements of the Illinois forces, expressing 
 fears of a union of the Sauks and Winnebagoes, and re- 
 questing that a part of the Illinois forces might be sent 
 across Rock river toco-operate with a mounted force to 
 be brought into the field from the lead mines. This 
 letter was sent by a special embassy, consisting of Judge 
 Gentry, Col. Moore and James P. Cox. 
 
 At the same time. Col. Dodge, with twenty-seven of his 
 neighbors, who were well mounted, among whom was his 
 son Augustus C, started on an expedition to Rock river to 
 ascertain the position and probable movements of Black 
 Hawk and his followers. The small party proceeded by 
 way of Apple rive-r to Buffalo Grove, where an Indian trail 
 was discovered, and followed to a point nearly opposite the 
 Kishwaukee, and within a few miles of the ground from 
 which Maj. Stillman was on the same day disastrously 
 beaten, and put to flight. After Stillman's defeat Governor 
 Reynolds sent an express at night to Col. Dodge, informing 
 him of the facts, and that his country in the Territory was 
 in imminent danger from the attack of the Indians. Col. 
 Dodge immediately returned home, having been absent 
 about a week, reported the results, and advised the inhabi- 
 
136 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 tants to protect themselves by forts and other precautions, 
 and to organize immediately for defense. 
 
 The inhabitants of the lead mines were now thoroughly 
 alarmed by constant dread of attack from Black Hawk 
 and his warriors, who had small parties scattered all over 
 the country, between the Rock, Mississippi and Wisconsin 
 rivers, which " occupied every grove, waylaid every road, 
 and hung around every little settlement," and induced the 
 most serious fears in the minds of all the inhabitants of the 
 mining region. The bravest hearts thought it no evidence 
 of cowardice to use every precaution against surprise and 
 sudden attack. Forts, block-houses and stockades were 
 erected by the people at numerous places, for the protection 
 and defense of themselves and their families, and into 
 which they removed. Among these were Fort Union, the 
 headquarters of Col. Dodge, near Dodgeville; Fort Defiance, 
 at the farm of D. M. Parkinson; Fort Hamilton, at Wiota; 
 Fort Jackson, at Mineral Point; Mound Fort, at Blue Mound; 
 and others at Wingville, Cassville, Platteville, Gratiot's 
 Grove, Diamond Grove, Elk Grove, White Oak Springs, and 
 Old ShuUsburg, besides many others. 
 
 It was soon ascertained that the mode of warfare adopted 
 by the Sauks, was to keep the main body concealed in 
 strongholds, and avoid a conflict with a superior force, 
 while small detached parties should attack the undefended 
 settlements, and any stragglers who could be found away 
 from the protection of the forts and block-houses. 
 
 It is difficult to state definitely the number or names of 
 the numerous persons whose lives were sacrificed to the 
 ferocity of the savages. 
 
 On the 21st of May, about seventy Indians attacked a 
 party of whites assembled in the house of Mr. Davis on 
 Indian Creek, near Ottawa, and killed and scalped fifteen 
 whites, and took two young woinen named Hall prisoners, 
 who were afterwards surrendered at the Blue Mounds 
 through the agency of a party of Winnebagoes who were 
 inspired by a large reward of $2,000, offered by General 
 Atkinson, for their restoration. 
 
 These female captives were brought to the Mound Fort 
 on the 3rd of June. Col. Dodge, who had returned home 
 only a day or two before, from his " talk " with the Indians 
 on the 25th of May, had been sent for on the 1st of June, on 
 account of an apprehended attack by the Indians. He im- 
 
THE BLACK HAWK WAR. I37 
 
 mediately collected about two hundred mounted men, and 
 was fortunately present with this force when the young 
 women were brought in by the Winnebagoes, of whom 
 there were about fif ty». including such distinguished chiefs 
 and braves as White Crow — a famous orator — Spotted 
 Arm, Little Thunder, Little Priest and others. Colonel 
 Dodge purchased and furnished them a large beef stew, 
 upon which they feasted sumptuously, furnished them 
 with comfortable quarters in miner's cabins, and in all suit- 
 able ways sought to impress on these Winnebagoes that the 
 whites had no other than friendly feelings towards them, 
 and to inspire, if possible, a reciprocal feeling on their part. 
 Their friendship for the Sauks and Foxes was well known, 
 and suspicions and apprehensions of an alliance offensive 
 and defensive between the two tribes had long been gener- 
 ally entertained, which were by no means allayed by their 
 promises of fidelity, friendship and peace made to Colonel 
 Dodge at the talk held only a few days before. 
 
 When Col. Dodge retired for the night, no appearance of 
 danger or disaffection could be discovered. But during the 
 night he was awakened, and informed that the Indians had 
 left the quarters assigned them, and gone into the bush; 
 that White Crow, the orator, had been endeavoring to stir 
 up the other Indians to hostility; that they were sulky, 
 moody and stealthy in their conversation and movements; 
 that they had been grinding their knives, tomahawks and 
 spears, and that two athletic young warriors had gone 
 stealthily in the direction of the Four Lakes, where the 
 main body of the Winnebagoes was encamped. 
 
 Col. Dodge, taking the officer of the guard, with six men 
 and an interpreter, marched to the " bush " where the In- 
 dians were encamped, and took White Crow and five others 
 of the chiefs and braves, and marched them off without 
 ceremony, to a cabin near by, and ordered them to lie down 
 there, and remain there until morning; and then laid down 
 with them, at the same time directing the officer of the 
 guard to place a strong party around the cabin, and a double 
 guard around the whole encampment, which required nearly 
 all the men in the command. 
 
 The next day, these captive chiefs and a number of young 
 w^arriors were marched, much against their will, to Mor- 
 rison's Grove, fifteen miles west of the Blue Mounds; Col. 
 Gratiot, the Indian Agent, was sent for at Gratiot's Grove, 
 
138 HISTORY CF THE TERRITORY OF WISCONSIN. 
 
 and on his arrival the next day, another council was held. 
 Col. Dodge told the Indians, frankly and plainly, what 
 were his suspicions and apprehensions in relation to their 
 treacherous intentions. They stoutly denied any such de- 
 sign; but failed to satisfy Col. Dodge, who retained as host- 
 ages for the good faith of the Indians, three of their leading 
 chiefs— Whirling Thunder, the principal war chief, Spotted 
 ^Arm and Little Priest. These were conveyed to Gratiot's 
 Grove the next day, and all the other Indians were dis- 
 charged, and the Hall girls were received and restored to 
 their friends. The three hostages were kept in prison until 
 Posey, Henry and Alexander arrived with their command, 
 when they were set at liberty. 
 
 The detachment of volunteers returned with Col. Dodge 
 to Fort Union (Dodge's residence), and on the 5th of June 
 proceeded to Gratiot's Grove, where they were joined the 
 next day by Capt. Stephenson's company of volunteers from 
 Galena. 
 
 On the 22d of May the body of one Durley was found, 
 murdered and scalped, near Buffalo Grove, and on the next 
 day an Indian agent named St. Vrain, together with John 
 Fowler, William Hale, and Aaron Hawley, met the 
 same fate near the same place. 
 
 The object of this assemblage of the volunteers at Gratiot's 
 Grove, was to find and punish the Indians who had been en- 
 gaged in the perpetration of these murders and to protect 
 the country from the hostilities of the Sauks, in whatever 
 manner they might be directed by the Commandant-in- 
 Chief. 
 
 Henry Dodge was one of the early pioneers of the lead 
 region, to which he had removed in 1826, from Missouri, 
 where he had held the office of United States marshal, and 
 was highly esteemed as a worthy, brave and patriotic citi- 
 zen. He brought with him a large family of sons and 
 daughters, and was largely engaged in the business of 
 mining and smelting lead, to which his personal efforts were 
 industriously devoted. He was assigned to the command 
 of all the Wisconsin volunteers, • as well as those from 
 Galena. He was under the command of Gen. Atkinson, to 
 whom it was his purpose to report in person at Rock river, 
 with the volunteer forces now under his command. 
 
 On the 7th of June Col. Dodge, with his volunteers, 
 marched to Kirker's farm, at the head of Apple river. 
 
THE BLACK HAWK WAR, I39 
 
 where they camped, and Col. Dodge addressed them as fol- 
 lows : 
 
 " Volunteers : We have met to take the field. The tomahawk and scalping knife are 
 drawn over the heads of the weak and defenseless inhabitants of our country. Let us 
 unite, my bretliren, in arms; let harmony, union and concert exist; be vigilant, silent and 
 cool. Discipline and obedience to orders will make small bodies of men formidable and 
 invincible; without order and subordination the largest bodies of armed men are no bet- 
 ter than armed mobs. Although we have entire confidence in the Government of our 
 choice, knowing, as we all do, that ours is a government of the people, where the equal 
 rights of all are protected, and that the power of our countrymen can crush this savage 
 foe; yet it will take time for the Government to direct a force sufficient to give security 
 and peace to the frontier people. 
 
 " I have, as well as yourselves, entire confidence, both in the President of the United 
 States, and the distinguished individual at the head of the War Department; that our In- 
 dian relations are better luiderstood by those distinguished men, Jackson and Cass, than 
 by any two citizens who could be selected to fill their stations. They have often ipet our 
 savage enemies on the field of battle, where they have conquered them, and have often 
 also met them in council. They understand well all the artifice, cunning, and stratagems 
 for which our enemies are distinguished; they well know our wants and will apply the 
 remedy. In Gen. Atkinson, in whose protection this frontier is placed, I have the most 
 entire confidence. He is ^ell advised of our situation. You will recollect the responsi- 
 bility he assumed for the people of this country in 1827, by ascending the Wisconsin with 
 six hundred infantry, and one hundred and fifty mounted men, to demand the murderers 
 of our people. Many of us had the honor of serving under him on that occasion. He has 
 my entire confidence both, as a man of talents in his profession, and as a soldier and a 
 gentleman. If our Government will let him retain his command, he will give us a lasting 
 peace, that will insure us tranquillity for years. He knows the resoiuces as well as the 
 character of the Indians we have to contend with, and if the Government furnishes him 
 the means, our troubles will be of shoi-t duration. 
 
 " What, my fellow-soldiers, is the character of the foes we have to contend with? They 
 are a faithless banditi of savages, who have violated all treaties. They have left the 
 country and the nation of which they form a part. The policy of these marauders and 
 robbers of our people appears to be, to enlist the disaffected and restless of other nations, 
 which will give them strength and resources, to murder our people and bum their prop- 
 erty. They are the enemies of all people, both the whites and Indians. Their thirst for 
 blood is not to be satisfied. They are willing to bring ruin and destruction on other In- 
 dians, in order to glut their vengeance on us. The humane policy of the Government will 
 not apply to these deluded people. Like the pirates of the sea, their hand is against every 
 man, and the hand of every man should.be against them. Faithless to the Government in 
 everything, it will surely be the policy of the Government to let them receive that kind of 
 chastisement which will quiet them effectually, and make a lasting example for others. 
 The future growth and prosperity of our country is to be decided for years by the policy 
 that is now to be pursued by the Government in relation to the Indians. Our existence as 
 a people is at stake, and great as the resources of our country are, the security of the hvea 
 of our people depends on our vigilance, caution, and bravery. The assistance of our Gov- 
 ernment may be too late for us; let us not then await the aiTival of the enemy at our 
 doors, but advance upon them, fight them, watch them, and hold them in check. Let us 
 avoid surprise and ambuscades. Let every volunteer he with his arms in his hands, so 
 that when he rises to his feet the line of battle will be formed. If attacked in the night, 
 
140 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 we will charge the enemy at a quick pace and even front. The eyes of the people are 
 upon us; let us endeavor, by our actions, to retain the confidence and support of our 
 countrymen.''' 
 
 The command marched to the scene of the murder of St. 
 Vrain, Fowler, Hale, and Hawley, near Buffalo Grove 
 (which is near Polo Station, on the Illinois Central railroad), 
 where they found and buried the bodies of the three former; 
 the body of Hawley was never recovered. At this point 
 Capt. Stephenson separated from the command, and re- 
 turned to Galena, with his company. Col. Dodge proceeded 
 with the remainder of the mounted volunteers to the camp 
 of the regular troops, at Dixon's Ferry. Gen. Hugh Brady 
 was in command here. Gen. Atkinson's headquarters hav- 
 ing been removed to the rapids of the Illinois river (now 
 Ottawa), where he was engaged in organizing three brig- 
 ades of Illinois volunteers. Col. Dodge, with twenty-five of 
 his mounted volunteers, escorted Gen. Brady to Gen. At- 
 kinson's headquarters, where, on the 11th of June, the plan 
 of the campaign was agreed upon, and Col. Dodge re- 
 ceived his orders. The whole command of volunteers then 
 returned to Gratiot's Grove, where, on the 14th of June, 
 they were remanded to their respective posts, to hold them- 
 selves in readiness for such further services as might be re- 
 quired of them. On the same day Col. Dodge returned to 
 his headquarters at Fort Union, having first comrnunicated 
 to the Winnebago chiefs. Whirling Thunder, Spotted 
 Arm, and Little Priest, held as hostages, a " talk" sent to 
 them by Gen. Atkinson. 
 
 On the 2Gth of May, Gen. Atkinson sent, as an express. 
 Col, Wm. S. Hamilton, from Dixon's to Gen. Street, Indian 
 Agent at Prairie du Chien, requesting the latter to send 
 forward as many Sioux and Menomonee Indians as could 
 be called within striking distance of Prairie du Chien, to be 
 employed, in conjunction with the troops, against the Sauks 
 and Foxes. A similar message was sent to Col. Boyd, the 
 Indian Agent at Green Bay. Col. Street sent Thos. P. 
 Burnett, who was then sub-Indian Agent, up the river, to 
 recruit the Sioux, and whatever Winnebagoes were willing 
 to join them. There were no Menomonees in that quarter. 
 Mr. Burnett, taking John Marsh with him, went up the 
 river about one hundred and thirty miles; and returned, 
 before the ]Oth of June, with one hundred Indian warriors, of 
 which eighty were Sioux, and twenty Winnebagoes, and 
 
THE BLACK HAWK WAR. 141 
 
 fifty or sixty more were expected to join them. The Indians 
 were placed under command of Col. Hamilton, who, taking 
 Mr. Marsh and an interpreter with him, proceeded to join 
 the troops under Gen. Atkinson. 
 
 Col. Boyd employed Col. S. C. Stambaugh, who had re- 
 cently been the Indian Agent, to recruit the Menomonee 
 Indians, who secured the services of Col. Ebenezer Childs, 
 to collect them. Over three hundred were obtained for the 
 service, who were divided into two companies; one com- 
 manded by Charles L. Grignon, the other by George 
 Johnson, and both under command of Col. Stambaugh. 
 These Indian allies proceeded to join the pursuing troops. 
 At Blue Mounds they learned that Black Hawk with the 
 main body of his followers had crossed the Wisconsin, and 
 that Col. Dodge and his command were in pursuit. They, 
 therefore, went directly to Prairie du Chien. Before reach- 
 ing there, they learned that a part of the Sauks and Foxes 
 liad gone south. They found the trail, and pursued with 
 one company, and overtook the fugitives about fifteen miles 
 north of Cassville, not far back from the Mississippi. There 
 were only two men and a boy, three or four women, and as 
 many children. The Menomonees killed the two men, and 
 the others were taken prisoners. 
 
 On the Gth of June James Aubrey was killed at the Blue 
 Mounds, and two weeks later Force and Green lost their 
 lives by the enemy at the same place. It is probable that 
 Aubrey was murdered by the Winnebagoes, as there is no 
 reason to suppose the Sauks and Foxes had been so near the 
 Blue Mounds as early as the time of his death, and the 
 murder of Force and Green was more likely the work of 
 the Winnebagoes than of the Sauks and Foxes. 
 
 On the 14th of June, five men whose names were Spaf- 
 FORD, Spencer, McIlwain, Million and an Englisman 
 called John Bull, were at work in a cornfield owned by 
 Spafford, situated on the Peckatonica near Spaff ord's Ford, 
 in what is now the town of Wayne, when they were sur- 
 prised by a band of Indians, and all except Million, who 
 most miraculously escaped, were murdered. The Indians 
 stealthily pursued their way to a place of concealment 
 within four hundred yards of Fort Hamilton, at which place 
 Capt. Gentry's command of mounted men had by order of 
 Col. Dodge, rendezvoused for the purpose of pursuing and 
 killing them. On the morning of the IGth, at about eight 
 
142 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 o'clock, as Col. Dodge was approaching the fort to take 
 command of the troops, he heard three guns fired, which 
 proved to be from the hostile Indians, who were lying in 
 ambush, and who killed, in his saddle, a German named 
 Apple, who was preparing to join in the pursuit, and whom 
 they butchered and scalped. Col, Dodge immediately or- 
 dered the mounted men under arms in pursuit of the savage 
 foe. Fortunately they were enabled soon to come upon the 
 Indian trail, and after running their horses about two miles 
 they came in sight of the retreating enemy, who were seek- 
 ing the low ground where it was difficult to pursue them on 
 horseback. The Indians directed their course to a bend in 
 the Peckatonica covered with a deep swamp, which they 
 reached before their pursuers crossed the stream. 
 
 The following account of the action which for daring 
 bravery and cool, undaunted courage, is not excelled in the 
 history of Indian warfare, is from the official report of 
 General Dodge to General Atkinson: 
 
 "After crossing the Peckatonica, ia the open ground, I dismounted my command, 
 linked my horses and left four men in charge of them, and sent four men in different 
 directions to watch the movement of the Indians. I formed my men on foot at open 
 order, and at trailed arms, and we proceeded through the swamp to some timber and 
 imder-growth where I expected to find the enemy. When I found their trail, I knew 
 they were close at hand. They had got close to the edge of the lake, where the bank 
 was six feet high, which was a complete breast- work for them, They commenced the 
 fii'e, when three of my men fell, two dangerously wounded, one severely but not dan- 
 gerously. I instantly ordered a charge made on them by eighteen men, which was 
 promptly obeyed. The Indians being under the bank, our guns were brought within 
 ten or fifteen feet of them before we could fire on them. Their party consisted of 
 thirteen men. Eleven were killed on the spot, and the remaining two were killed in 
 crossing the lake, so they were left without one to carry the news to their friends. The 
 volunteers under my command behaved with great gallantry. It would be impossible for 
 me to discriminate among them. At the word ' charge,' the men rushed forward, and 
 literally shot the Indians to pieces. We were, Indians and whites, on a piece of groimd 
 not to exceed sixty feet square." 
 
 The precise spot on which this terrific battle occurred is 
 section eleven, town two, range five east, in the town of 
 Wiota. 
 
 The follo^ving, as near as can now be ascertained, is a 
 complete list of the names of the persons, who in one way 
 or another, as duty was assigned them, took part in the 
 battle of the Peckatonica: 
 
 Col. Henry Dodge commanding; Captain James H. Gen- 
 try; Lieutenants— Charles Bracken, Pascal Bequette and 
 Porter; Surgeon Allen Hill — doing duty as a private. 
 
THE BLACK HAWK WAR. IJ.3 
 
 Privates— (alphabetically arranged)— Ed. Bouchard, Sam- 
 uel Black, Wm. Carns, Deva, Asa Duncan, Matthew 
 
 G. Fitch, Alexander Higgenbothem, John Hood, Thomas 
 Jenkins, R. H. Kirkpatrick, Benjamin Lawhead, Levin 
 
 Leach, Dominick McGraw, McConnell, John Messer- 
 
 SERSMITH, Jr., Morris, D. M. Parkinson, Peter Parkin- 
 son, Jr., Samuel Patrick, Thomas H. Price, Rankin, 
 
 Townsend, Van Wagner, Wells, and 
 
 WooDBRiDGE. Of these Black, Morris and Wells were 
 killed, and Jenkins wounded, while the others escaped with- 
 out injury. 
 
 Col. Hamilton arrived with the friendly Sioux Indians 
 about an hour after the battle; and some Winnebagoes who 
 professed to be friendly came with them, among whom was 
 the chief De-Kau-ray. The friendly Indians went to the 
 ground where the Sauks were killed. They scalped them,- 
 and literally cut them to pieces, and appeared to be de- 
 lighted with the scalps. 
 
 On the 18th of June, while a company under the com- 
 mand of Capt. Stephenson were engaged in scouting, three 
 of his men were killed and himself wounded by Indians 
 near the Peckatonica, among whom Black Hawk was said 
 to have been present. 
 
 On the 24tli of the month, Black Hawk, with a large body 
 of Indians, made an attack on Apple river Fort, near the 
 present village' of Elizabeth, which was vigorously de- 
 fended. The battle lasted fifteen hours. The loss of the In- 
 dians was considerable ; that of the whites one man killed, 
 and one wounded. 
 
 In the "Life of Black Haivk," dictated by himself, and ed- 
 ited by J. B. Patterson, of Rock Island, and undoubtedly 
 authentic. Black Hawk gives the following account of his 
 attack on this garrison : 
 
 "When we arrived in the vicinity of the Fort, we saw four men on horseback ; one of 
 my braves fired and wounded a man, when the others set up a yell as if a large force was 
 ready to come against us. We concealed ourselves. No enemy came. Tlie four men ran 
 to the Fort and gave the alarm. We followed them and attacked the Fort, and killed one 
 man who raised his head above the picketing to fire at us. Finding that these people 
 could not all be killed without setting fire to their houses and Fort, I thought it more pru- 
 dent to be content with what flour, provisions, cattle and horses we could find, than to set 
 lire to their buildings, as the light would be seen at a distance, and the army might sup- 
 pose we were in the neighborhood, and come upon us with a force too strong. Accordingly 
 we opened a house and filled our bags with flour and provisions, took several Lories 
 and drove off some of their cattle." 
 
144 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 Black Hawk in this marauding raid was accompanied by 
 about two hundred of his warriors. The next day on their 
 return to Rock river, the savages met Maj. John Dement in 
 command of a spy battalion, near Kellogg's Grove. A 
 severe contest ensued, in which five whites were killed, and 
 three wounded, while nine Indians were left dead on the 
 field, and five others carried away. 
 
 Black Hawk in his "Life'' gives the following account of 
 this engagement : 
 
 "We started in a direction toward 'sun-rise.' After marcliing a considerable time, I 
 discovered some wliite men coming toward us; we concealed ourselves in the woods, and 
 when they came near enough, we commenced yelling and firing and made a rush upon 
 them. About this time, their chief, with a party of men, rushed up to rescue the men we 
 had fired upon. In a little while they commenced retreating and left their chief and a few 
 braves, who seemed willing and anxious to fight. They acted like braves ; but were forced 
 to give way, when I rushed upon them with my braves. In a short time the chief returned 
 with a large party. He seemed determined to fight and anxious for a battle. When he 
 came near enough, I raised a yell, and firing commenced from both sides. The chief (who 
 seemed to be a small man) addressed his warriors in a loud voice; but they soon retreated 
 leaving him and a few braves on the battle field. A great number of my warriors pur- 
 sued the retreating party, and killed a nmnber of their horses as they ran. The chief and 
 his few braves were unwilling to leave the field. I ordered my braves to rush upon them, 
 and had the mortification of seeing two of my chiefs killed before the enemy retreated. 
 This young chief deserves great praise for his courage and bravery; but fortunately for 
 us, his army was not all composed of such brave men. During this attack we kUled sev- 
 eral men and about forty horses, and lost two young chiefs and seven warriors." 
 
 On the 29th of June, three men were attacked in a field 
 near Sinsinawa Mound, two of whom, John Thompson and 
 James Boxley, were killed, while the Indians, though pur- 
 sued by Captain Stephenson, made their escape by crossing 
 the Mississippi in a canoe. The Indians were probably a 
 straggling party of Sauks, as the principal body had already 
 returned with Black Hawk to Rock river. 
 
 During the months of May and June the number of set- 
 tlers who fell victims to the merciless warfare of Black 
 Hawk and his followers, was probably not less than fifty. 
 But by the early part of July, such was the organization 
 and vigorous pursuit by the whites of all straggling bands of 
 marauders, that the great mass of the Indians were concen- 
 trated upon Rock river, above Lake Koshkonong, where 
 General Atkinson was now encamped, and where he had 
 been joined by General Alexander's brigade. 
 
 While Maj. Dement was engaged with Black Hawk at 
 Kellogg's Grove, he sent an express to Gen. Posey, at Dixon, 
 for relief, who marched with his whole brigade for that pur- 
 
THE BLACK HAWK WAR. 145 
 
 pose; bat did not arrive until after the retreat of the In- 
 dians. Gen. Posey awaited the arrival of his baggage 
 wagons, and then proceeded with his brigade to Fort Ham- 
 ilton, where he was met by Col. Dodge with his entire com- 
 mand of mounted volunteers. In pursuance of the plan of 
 tlie campaign, as formed at headquarters at Ottawa, on the 
 17th of June, these two commands composed the left wing 
 of the army. Gen. Alexander s command formed the cen- 
 ter, and Gen. Atkinsox, with Gen. Henry's brigade, formed 
 the right wing, and advanced up Rock river. 
 
 The left wing marched across the country by the way of 
 the Peckatonica battle ground and Sugar river, to the first 
 of the Four Lakes, being re-enforced at Sugar river by the 
 Galena company of volunteers. At the First Lake they 
 were joined by AVhite Crow and about thirty Winnebago 
 warriors, who avowed their purpose of showing the patli of 
 the Sauks to the pursuing army. 
 
 Some dissatisfaction existing between Col. Dodge's com- 
 mand and Gen. Posey's brigade, a change of position was 
 made, whereby Gen. Alexander's command was associated 
 with Col. Dodge's, while Posey's brigade took the place of 
 Alexander's. 
 
 The left wing as reorganized then moved up the right 
 bank of Rock river, accompanied by their volunteer guides, 
 the Winnebagoes. Having marched two days, until Rock 
 river was reached a short distance above the mouth of Bark 
 river, they retraced their steps in consequence of an express 
 from Gen. Atkinson, and crossed Rock river below the 
 mouth of Bark river, where is the present village of Fort 
 Atkinson. Here they met Gen. Atkinson. 
 
 At this time, and at Gen. Atkinson's encampment, Capt. 
 Charles Dunn, subsequently appointed Chief Justice, on 
 the organization of the Territory of Wisconsin four years 
 later, while acting as officer of the day, and going around 
 to relieve the guard, was accidentally shot by one of the 
 sentinels, and dangerously wounded. He was so disabled 
 as to be compelled to return home, and was conveyed to 
 Dixon by an escort. 
 
 It appeared subsequently, by discovery of the trail and 
 other evidences, that a considerable ambush had been formed 
 on the east bank of Rock river, at a point where the left 
 wing would have been obliged to cross the stream, AVhite 
 Crow had been anxious that Col. Dodge and Gen, Alexan- 
 
 10 
 
l-iG HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 DER should continue their march up the river, where they 
 had been recalled by Gen. Atkinson; and it was supposed 
 that this treacherous Indian was acting in concert with 
 Black Hawk, and was guiding the army to this point. This 
 suspicion was strengthened by his conduct at the Blue 
 Mounds at the time of the surrender of the Hall girls. 
 
 The Indians, in the meantime, finding themsels^es closely 
 pressed by the advancing troops, had pushed up ths river, 
 evidently more anxious to escape their pursuers than to 
 make war upon them. 
 
 General Atkinson being short of provisions, now dis- 
 patched Dodge's command of about two hundred and fifty 
 men, together with Henry's and Alexander's brigades, to 
 Fort Winnebago for supplies, and General Posey's brigade 
 was ordered to the Mining Region for the protection of the 
 forts and settlements in that quarter. 
 
 The detachment arrived at the Fort on the second day 
 without casualty, and secured the requisite supplies. Col- 
 onel Dodge, finding a large number of Winnebagoes at the 
 Fort, and the faithful Pauquette the interpreter, with whom, 
 he was well acquainted, and in whom he had the utmost 
 confidence, at once set to work to find out from them the 
 position of the Sauks and Foxes. He soon learned that they 
 were encamped at the Rapids of Rock river, since known 
 as Hustisford. To return by this route would require a di- 
 vergence to the east of more than thirty miles from the 
 route by which they had come. A council of the officers 
 was held. General Alexander objected that the diverg- 
 ence would be a violation of General Atkinson's orders, 
 which required the detachment to return immediately. Col- 
 onel Dodge insisted that as there was no route specified in 
 the orders, they might return by any route they should deem 
 proper. General Henry concurred in this opinion, and he 
 and Colonel Dodge agreed to return by way of the Rapids, 
 while General Alexander was to return with the supplies, 
 by the route they had all come. 
 
 The worn down horses were sent home, and the forces 
 thereby reduced, so that the effective men which went to 
 the Rapids were about seven hundred, accompanied by Pau- 
 quette and twelve Winnebagoes as guides. The command 
 reached its objective point on Rock river the third day; but 
 no indications of the Indians of whom they were in pursuit 
 were found, except some trails that appeared to be several 
 
THE BLACK HAWK WAR. 147 
 
 days old. An express was immediately started to go to 
 General Atkinson, which, after proceeding a few miles 
 down the river, found a fresh trail, evidently bearing 
 towards the Wisconsin river, and immediately returned and 
 reported their discovery. Early the next morning the pur- 
 suit of the Sauks and Foxes was commenced on this trail; 
 the express was again sent to General Atkinson, but this 
 time it did not return. The pursuit was rapid and perse- 
 vering until it reached the Catfish, near its entrance into 
 the Third Lake, where the force encamped the second night 
 from Rock river. Many Indians were now discovered by 
 tlie scouts, and the main body of them were on the penin- 
 sula between the Third and Fourth Lake, at the time their 
 pursuers were encamped on the Catfish. 
 
 In the morning of the 21st, the pursuit was continued over 
 the ground where the city of Madison is now located, with 
 occasional glimpses of straggling Indians — one of whom 
 was shot near the present Capitol, and left dead — until 
 about five o'clock in the afternoon of that day, when the 
 bluffs of the Wisconsin were reached/together with Black 
 Hawk and his retreating band, preparing to cross the river 
 with their women and children. 
 
 When the army arrived, the Sauks and Foxes were in the 
 low grounds which skirt the river. The immediate com- 
 mands of Col. Dodge and Col. William L. D. Ewing were in 
 advance of the main army, and on their arrival at the bluffs 
 they were met by Capt. Dixon's spy company, which had 
 preceded them, with information tliat the Indians were in 
 sight. These two commands having dismounted, formed 
 the line and advanced to the edge of the bluffs, where they 
 were met by the Indians, who were in pursuit of the spy 
 company. The battle began, and the Sauks and Foxes were 
 repulsed. The position of the advanced commands was 
 maintained under a heavy fire for about an hour, when Col. 
 Henry's brigade arrived, which, deploying to the right and 
 left, formed the line of battle, leaving Col. Dodge's com- 
 mand in the center. A general charge was now made upon 
 the Indians, in which many of them were killed, and the 
 balance driven into the bottoms of the Wisconsin, where the 
 tall grass was reached, which was wet, and concealed the 
 Indians, and it being nearly dark, the pursuit was continued 
 no further. 
 
 The battle began about five o'clock in the afternoon, and 
 
148 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 about sundown the firing on both sides had mainly ceased. 
 The American loss was one killed and eight wounded. The 
 loss of the Indians was sixty-eight killed in the battle, and 
 a great many were afterward found dead, on the north side 
 of tlie AVisconsin river, on the route to the Bad Axe. The 
 number of wounded is unknown. This engagement has 
 ever since been known as the Battle of the Wisconsin 
 Heights. 
 
 The morning of the morrow disclosed that the Indians 
 had all crossed the Wisconsin river, and disappeared. The 
 army marched to the Blue Mounds, where Col. Dodge's 
 command, being all near their homes, with worn out horses, 
 were temporarily dismissed to their respective posts, until 
 again called to active duty. 
 
 Expresses were sent to Gen. Atkinson and to Prairie du 
 Chien, and it was a few days before the army could again 
 be brought together to continue the pursuit. Gen. Atkin- 
 son with his army marched by way of the Blue Mounds to 
 Helena. Here the volunteers under Col. Dodge were again 
 assembled, and the whole army crossed the Wisconsin, and 
 soon discovered the trail of the retreating Indians. On the 
 2d of August — the twelfth day after the battle of the Wis- 
 consin Heights — the army came up with the entire body of 
 the Indians, near the mouth of the Bad Axe, about forty 
 miles above Prairie du Chien. A steamboat, the Warrior, 
 had also been sent up the river, armed with a six-pounder, 
 to prevent their escape across the Mississippi. Thus sur- 
 rounded, the Indians fell easy victims, and the battle soon 
 terminated in the total destruction of a very large portion 
 of Black Hawk's followers, men, women, and children, and 
 the capture and dispersion of the remainder. 
 
 Gen. Atkinson's official report states the loss of the regu- 
 lars at five killed and four wounded: of the Illinois volun- 
 teers at nine killed and wounded, and in Henry's brigade 
 seven killed and wounded; and this, the final engagement 
 of the Black Hawk war, is known as the battle of the Bad 
 Axe. 
 
 Most of the Sauks and Foxes who got safely across the 
 Mississippi, including women and children, were pursued 
 and killed by their implacable enemies, the Sioux. For th© 
 proud and haughty Black Sparrow Hawk, as he called 
 himself, it was too degrading and humiliating to submit as 
 a prisoner, therefore instant flight became his last and only 
 
THE BLACK HAWK WAR. 1^9 
 
 alternative. He liastil}^ retreated to a neighboring height, 
 accompanied by his faithful adjunct, the Prophet; and giv- 
 ing vent to a loud yell of revenge, he hastily fled to seek a 
 temporary refuge among his pseudo friends, the Winne- 
 bagoes, in the valley of the Lemonweir — over the bluffs and 
 cliffs of which he had in former days roamed in security 
 and hunted with success. 
 
 A large reward had been offered for the capture of Black 
 Haw^k, and he found now, when he most needed their 
 friendship, that the Winnebagoes were in no way disposed 
 to sympathize with him in his adversity. The fugitives 
 pursued their lonely retreat to the Dalles of the Wisconsin 
 river, and were there captured about two miles above Kil- 
 bourn City, by Cha-e-tar and the One-Eyed De-cor-ra, 
 who afterwards brought them to Prairie du Chien, on the 
 37th of August, and delivered them as prisoners to General 
 Street, The Indian Agent. 
 
 In addition to the regular forces under General Atkinson, 
 General Scott with nine companies of artillery was ordered 
 from the seaboard to the scene of hostilities. These troops 
 left Fortress Monroe on the 30th of June, and arrived at 
 Fort Dearborn on the 8tli of July. But the conflict was 
 over before they reached the scene of action. They, how- 
 ever, encountered a more fatal foe. The Asiatic cholera, 
 which for the first time visited America, coming by way of 
 Montreal, seized the troops at Detroit on their way to Chi- 
 cago. The camp became a hospital, and more than four 
 hundred of these soldiers fell victims of this terrible pesti- 
 lence. 
 
 The loss on the part of the Americans in the Black Hawk 
 war, independent of the ravages of the cholera, and the 
 murders of the settlers, is believed to have been about fifty. 
 The loss of the Sauks was not less than two hundred and 
 thirty killed in battle, and probably a greater number who 
 died of their wounds, and of disease and starvation; while 
 the deaths of the women and children who accompanied 
 the warriors, in the battles, and from their wounds, and by 
 disease, starvation and drowning, cannot be approximately 
 estimated. 
 
 The companies of volunteers under the immediate com< 
 mand of Colonel Dodge, at the battle of the Wisconsin 
 Heights, were Captain Stephenson's, from Galena; Captain 
 Clarke's, from White Oak Springs; Captain Gentry's, from 
 
150 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 Mineral Point; Captain Parkinson's, from Fort Defiance; 
 Captain Jones', from Blue River; and Captain Dickson's, 
 from Platteville. Lieutenant Charles Bracken was Adju- 
 tant to the battalion and aid to Colonel Dodge. 
 Black Hawk knew and feared Colonel Dodge, and said: 
 
 "K it had not been for that chief, Dodge, 'the hairy face,' I could easily have whipped 
 the whites ; I could have gone anywhere my people pleased in the niiaing country." 
 
 Black Hawk was sent as a prisoner from Prairie du 
 Chien to Jefferson Barracks, under charge of Lieut. Jeffer- 
 son Davis — then in the United States Army at Prairie du 
 Chien, and thirty years later. President of the Confederate 
 States. Black Hawk was kept a close prisoner until April, 
 1833, when he was taken to Washington, together with some 
 of his family, and the Prophet. After an interview with 
 President Jackson, and being emphatically told by him 
 that the Government would compel the red men to be at 
 peace, they were sent as prisoners to Fortress Monroe, for 
 "levying war," as Davis was, thirty-two years later, for the 
 same offense. On June 4th, 1833, by order of the President, 
 Black Hawk and his fellow prisoners were liberated and 
 sent home under officers appointed to conduct them through 
 the principal cities of the Union, in order to impress them 
 with a proper sense of the power of the whites, and of the 
 hopelessness of any conflict, on the part of the Indians, 
 with the Government of the United States. Black Haw^k 
 ever after remained quiet. He died October 3, 1838, and 
 was buried on the banks of the Mississippi, in the State of 
 Iowa, near the head of the Des Moines Rapids, where the 
 village of Montrose is located. 
 
 This was the last of Indian wars upon the soil of the pres- 
 ent Stata of WJscoi^sin. 
 
 ,^- 
 
CIVIL GOVERNMENT— 1512 TO 1834. 151 
 
 CHAPTER XIII. 
 
 CIVIL GOVERNMENT— 1512 TO 1834. 
 
 The domain which constitutes the State of Wisconsin has 
 been successively claimed as within the dominion of Spain, 
 of France, of England, of Virginia, and finally of the United 
 States, until, on the SOth of May, 18-18, it was "admitted into 
 the Union on an equal footing with the original States in 
 all respects whatever." 
 
 This claim of dominion carried with it the uncontested 
 right of civil jurisdiction. 
 
 In the earlier periods, the military and civil jurisdiction 
 exercised by the governors and others, upon whom power 
 was conferred, were so blended together, that if the govern- 
 ment was not that of martial law, civil rights were recog- 
 nized only through the channels of military authority; and 
 it was not until the ordinance of 1787 " for the government 
 of the territory of the United States northwest of the River 
 Ohio," that the distinct civil rights of the inhabitants were 
 recognized, and civil remedies for their enforcement pro- 
 vided. 
 
 Florida was claimed by Spain to extend as far as New- 
 foundland on the sea coast, and westerly and northwesterly 
 indefinitely, by virtue of the discovery of Ponce de Leon in 
 1512, who was appointed governor of the country, and so 
 continued until 1521. 
 
 In 1537 Charles V. conceded to Ferdinand de Soto the 
 government of the Isle of Cuba, with absolute power over 
 the immense territory to which the name of Florida was 
 still vaguely applied. De Soto died on the 21st of May, 
 1542, and wrapped in a mantle was buried in the Mississippi, 
 which he had been the first to discover. 
 
 On the 20th of March, 15G3, a compact was framed and 
 confirmed between King Philip II. and Pedro Melendez 
 DE AviLES, by which, in consideration of the promise of 
 Melendez to invade Florida, complete its conquest, and 
 establish a colony, he was constituted its governor for life, 
 with the right of naming his son-in-law as his successor. 
 
 The history of civil government in Florida, previous to 
 the seventeenth century, possesses no interest so far as ap- 
 plicable to Wisconsin, whose soil was probably never 
 
1 52 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 pressed by the foot of a white man until the advent of 
 Nicollet, in 1G34. We must therefore turn to the claims 
 of dominion set up by France for the earliest pretensions of 
 the right to establish civil government upon our domain. 
 
 The charter grant of New France, made to the " hundred 
 associates/' among whom were Richelieu, Champlain, 
 Reszilly, and a number of opulent merchants of France, 
 was referred to in the first chapter, and the fact stated that 
 the government of the province was not entered upon until 
 after the restoration of Quebec by the English in 1632. 
 
 At this time Champlain was governor of Canada. 
 
 In 1663 the company of the hundred associates resigned 
 the colony to the king, and immediately, under the auspices 
 of Colbert, it was conceded to the new company of the 
 West Indies. 
 
 In 1665 the colony was protected by a royal regiment, with 
 Tracy as viceroy, Courcelles as governor, and Talon as 
 intendant and representative of the King in civil affairs. 
 
 In May, 1671, at the Sault St. Mary, the French, repre- 
 sented by St. Lusson as the delegate of Talon, at an assem- 
 bled congress of Indian tribes, raised a cross of cedar, and 
 planted by the side of it a cedar column, marked with the 
 lilies of the Bourbons. Thus were the authority and the 
 faith of France uplifted in the presence of the aboriginal 
 races of America, in the heart of our continent. 
 
 It was eleven years later (1682) that La Salle, having 
 descended the Mississippi to its mouth, formally took 
 possession for France of all the country watered by the 
 Father of Waters, and named it Louisiana. 
 
 During the war in America between France and England 
 declared by France in 1689 and terminated by the peace of 
 Ryswick in September, 1697, Count Frontenac was gov- 
 ernor of Canada. As a result of the war, France retained 
 possession of all the territory which she claimed at the be- 
 ginning of it, including Canada and the valley of the 
 Mississippi; and the military occupation of Illinois con- 
 tinued without interruption. 
 
 The territorial claims of the English colonists on the 
 Atlantic coast, to an extension of their limits westward, 
 whatever they might have been under the terms of their 
 respective charters, did not, during the seventeenth century, 
 practically interfere with the French claims west of the 
 great lakes and in the Mississippi valley. 
 
CIVIL GOVERNMENT— 1513 TO 1834. 153 
 
 Soon after the war, as earl}^ at least as 1700, De Calliers 
 became governor-general of Canada. 
 
 Previous to 1711 the settlements of Louisana had been a 
 dependence on 'New France or Canada. In this year it was 
 made an independent government, responsible only to the 
 crown and comprising all the " Illinois country " under its 
 jurisdiction. The seat of the colonial government was es- 
 tablished at Mobile. De Muys, who had been appointed 
 the governor-general, died on the voyage and Diron D'Ar- 
 taquette, early in the year, entered upon his duties as 
 commissary ordonnateur. 
 
 In 1712, De la Motte Cadillac, who eleven years pre- 
 viously had made the first permanent settlement at De- 
 troit, was the royal governor of Louisiana. 
 
 The Marquis de Vaudreuil was governor of Canada 
 from 1704 until his death, April 10, 1725. His salary was 
 the modest sum of £272 — Is — 8d. 
 
 He was succeeded by the Marquis de Beauharnois who 
 held the office until 1745. 
 
 In that year Admiral de la Jonquiere was sent from 
 France, as governor, with a naval expedition to capture 
 Nova Scotia; but on the 3rd of May, 1746, they fell in with 
 a British fleet under Admiral Anson and Rear Admiral 
 Warren and were compelled to surrender. 
 
 As soon as the capture of the Governor was known in 
 France, Compte de la Gaiissonere was appointed to fill 
 the vacancy, but the Admiral (Jonquiere) being shortly 
 released from captivity and conveyed to Canada the Count 
 (Galissonere) returned to France. Admiral Jonquiere, 
 before his successor could be appointed, died at Quebec, 
 May 17, 1752. 
 
 The Marquis du Quesne de Menneville was appointed 
 Governor of Canada, Ijouisiana, Cape Breton, St. Johns and 
 their dependencies. 
 
 The Marquis DU Quesne resigned and returned to the 
 marine service and the Marquis de Vaudreuil de Cavag- 
 NAC, son of the former governor, was appointed to succeed 
 him. His commission was registered July 10, 1755, and he 
 continued in office until the conquest by Great Britain in 
 
 ( bo. 
 
 Major General James Murray was commissioned No- 
 vember 21, 1763, as Captain General and Governor-in-Chief 
 of the province of Quebec. 
 
154 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 The claim of France to dominion over the whole of the 
 Northwest Territory continued until it was successfully 
 disputed by Great Britain, and finally relinquished as the 
 result of the war which ensued between those two powerful 
 rival nations. 
 
 This claim of dominion in the entire valley of the Missis- 
 sippi was practically evidenced by its settlements on the 
 head waters of the Alleghany, which in 1753 led Governor 
 DiNWiDDiE of Virginia to assert civil jurisdiction over those 
 settlements, by sending young Washington, to demand of 
 the commander of the French forces the reason for invad- 
 ing the British dominions in a time of peace. 
 
 This was soon followed by the war between France and 
 England, which after varying fortunes resulted in the sign- 
 ing of the preliminaries of peace on the third day of No- 
 vember, 1762, and their ratification by treaty on the tenth of 
 February, 17G3. 
 
 By this treaty, the West Indies, Florida, Louisiana to the 
 Mississippi (but without the island of New Orleans), all 
 Canada, Acadia, and Cape Breton, with its dependent isl- 
 ands, were all ceded to England; while New Orleans and 
 all Louisiana west of the Mississippi, with boundaries unde- 
 fined, were at the same time ceded to Spain. 
 
 Virginia was the representative of the British claim to 
 jurisdiction in the valley of the Ohio River and the civil ju- 
 risdiction was represented in the person of the Governor of 
 that colony. 
 
 In October, 1776, the general Assembly of Virginia divided 
 the district of West Augusta (then comprising all the north- 
 western part of the State) into three distinct counties with 
 the names of "Ohio, Yohogany and Monongahela." 
 
 On Monday, the Gth January, 1777, the first court for the 
 county of Ohio was held at Black's cabin. 
 
 There is every reason to believe that this was the first 
 civil court held in the valley of the Mississippi. 
 
 The French posts in the "Illinois Country,"' having in 1778 
 surrendered to Virginia, the inhabitants, upon learning of 
 the alliance between France and the United States, readily 
 joined the latter in the war against Great Britain, and ac- 
 knowledged the jurisdiction of the United States and Vir- 
 ginia over the country. 
 
 The legislature of Virginia, in October 1778, formally ex- 
 tended its jurisdiction over all the settlements on the Wabash 
 
CIVIL GOVERNMENT — 1512 TO 1834. 155 
 
 and the upper Mississippi by establishing the county of Ill- 
 inois, and appointing John Todd Lieutenant Colonel and 
 civil commandant. 
 
 The new county of Illinois embraced all of the territory 
 within the limits of the present State of Wisconsin. 
 
 Few events in the progress of civil government in the 
 Northwest, worthy of record, transpired during the Revo- 
 lutionary war, nor until the adoption by the Continental 
 Congress of the ordinance of 1787. 
 
 This ordinance was the fundamental as well as the or- 
 ganic law — the Magna Charta of the great Northwest — 
 and was adopted by the Continental Congress July 13, 1787, 
 The territory to which its provisions applied was not other- 
 wise defined than in the title, which was " The territory of 
 the United States northwest of the River Ohio." 
 
 The boundaries were well understood to be the Ohio river 
 on uhe south, the Mississippi river on the west, while on the 
 north the territorial limits were the undefined and unsettled, 
 if not disputed boundary line, between the British posses- 
 sions and the United States. 
 
 This magnificent territory, vast in area, but destitute of 
 civilized occupancy, except at the few points already men- 
 tioned, was destined within a century to exercise a great, if 
 not a controlling, influence upon the affairs of the nation. 
 
 The first census, taken in 1790, does not show the popula- 
 tion of the Northwest Territory, but in the census of 1800, 
 in stating the population of Indiana Territory, it is said: 
 *'0n the 1st of August, 1800, at Prairie du Chien were sixty- 
 five souls; at Green Bay there were fifty souls." 
 
 The population of the six States which have been formed 
 out of it, by the census of 1880, was 12,989,571, being more 
 than one fourth of the entire population of the United States. 
 
 The present and future interest of the people of Wiscon- 
 sin in this ordinance, aside from its historical interest, arises 
 from the fact that they are entitled to all the rights and 
 privileges granted and secured to the people of the North- 
 western Territory by the articles of compact contained in it. 
 
 The ordinance contained two distinct characteristics: 
 
 One was the legislative feature, by which rules of inherit- 
 ance were prescribed; the appointment of territorial officers 
 — governor, secretary, judges, and inferior officers — was 
 provided for, as well as the modes by which the functions of 
 local legislation might be exercised. These provisions, and 
 
156 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 some others of a cognate character, were like any other leg- 
 islative act, subject to be modified or repealed by the old 
 Congress, or by that to which it gave place about twenty 
 months later, organized under the Constitution of the United 
 States. 
 
 The other characteristic was the " articles of compact" 
 which it contained, " between ' the original States and the 
 people and States of the said territory," and which were to 
 "forever remain unalterable unless by common consent." 
 
 There were six of these " articles." 
 
 By the fifth of them, the southern boundary of the States 
 of Michigan and Wisconsin, it was declared, should be an 
 "east and west line drawn through the southerly bend or 
 extreme of Lake Michigan." 
 
 The sixth has been styled the " charter of freedom," and 
 prohibited " slavery and involuntary servitude in the said 
 territory otherwise than in the punishment of crimes, 
 whereof the party shall have been duly convicted." 
 
 The ordinance was published at length in the Revised 
 Statutes of 1839. 
 
 On the 15th of October, 1787, Gen. Arthur St. Clair was 
 elected by the Continental Congress the first governor of 
 the Northwestern Territory, and Winthrop Sargeant, secre- 
 tary. On the 16th of October Samuel Holden Parsons, 
 John Armstrong, and James Mitchell Varnum were 
 elected the first judges of the Territory. 
 
 Armstrong declined, and John Cleves Symmes was ap- 
 pointed to the vacancy in February, 1788. Varnum died in 
 1789, and William Barton was appointed his successor, but 
 declined, and George Turner was appointed in 1789, to fill 
 the vacancy, and accepted. 
 
 Judge Parsons was drowned November 10, 1 789, in at- 
 tempting to cross Big Beaver creek, and Rufus Putnam 
 became his successor March 31, 1790. 
 
 In 1796 Judge Putnam resigned and was succeeded by 
 Joseph Oilman. 
 
 On the 29th of October, 1798, Gov. St. Clair issued a proc- 
 lamation directing an election on the third Monday of 
 December, 1798, of members of the House of Representa- 
 tives. 
 
 The five persons selected by Congress to constitute the 
 council were Jacob Burnett, Henry Vandenberg, Robert 
 Oliver, James Findlay and David Vance. 
 
CIVIL GOVERNMENT — 1513 TO 1834. 157 
 
 The Council and House of Representatives met at Cincin- 
 nati September IG, 1799, and elected William H. Harrison 
 delegate in Congress from the Northwest Territory, who 
 was the first delegate from a Territory ever admitted on 
 the floor of the House of Representatives. 
 
 General Harrison also succeeded Winthrop Sargeant as 
 Secretary in 1798, and in 1799 was succeeded by Charles 
 Willing Byrd. 
 
 John Armstrong was Treasurer from 1792 to 1803. 
 
 Wm. McMillan was elected delegate as the successor of 
 General Harrison and served in 1800 and 1801, and in tarn 
 was succeeded by Paul Fearing who held the office from 
 1801 to 1803. 
 
 On the 4th of January, 1803, a resolution was introduced 
 that, Ohio having formed a state government, Mr. Fearing 
 was no longer entitled to a seat as a delegate from the 
 Northwestern Territory. The resolution, however, does not 
 appear to have been acted upon. 
 
 Ben,jamin Parke took his seat as delegate from the Ter- 
 ritory of Indiana, December 12, 1805, and continued as such 
 during that and the two next sessions when he resigned 
 and Jesse B. Thomas was elected as his successor and took 
 his seat December 1, 1808. 
 
 In 1809 Jonathan Jennings was elected, and took his seat 
 November 27, 1809. A memorial against his right to the seat 
 was presented to the committee on elections who reported 
 adversely to his right. The House, however, overruled the 
 report and Mr. Jennings retained his seat during that and 
 the next session. 
 
 The Territory of Illinois was created February 3rd, 1809, 
 and embraced the territory now forming Wisconsin. 
 
 During the period from January, 1805, when the Territory 
 of Michigan was created embracing Wisconsin, until Feb- 
 ruary, 1809, Michigan had no delegate in Congress. 
 
 Neither did the Territory of Illinois have any until the 
 year 1812, when Shadrack Bond was elected delegate and 
 took his seat December 3, 1812. A petition of Benjamin M. 
 Piatt, protesting against the election of Mr. Bond was pre- 
 sented, but was never acted upon, and he held the seat 
 during that and the two subsequent sessions when he 
 resigned. 
 
 In 1814 Benjamin Stephenson was elected in place of Mr. 
 Bond resigned, and continued to hold the office until 1816, 
 
158 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 when Nathaniel Pope was elected delegate and took his 
 seat December 2, 1816, which he continued to hold until 
 Illinois was admitted as a State in the Union. 
 
 The first delegate elected from Michigan Territory was 
 in 1819 when Wm. W. Woodbridge was chosen and held the 
 office until the next year, when he resigned and Solomon 
 Sibley was elected his successor and took his seat November 
 20, 1820. 
 
 In 1823 Gabriel Richard was elected delegate as the suc- 
 cessor of Mr. Sibley and took his seat December 8, 1823. A 
 petition representing that Mr. Richard was ineligible was 
 presented by John Biddle, but it was withdrawn and no 
 action taken on it, and Mr. Richard held the office during 
 that and the next session 
 
 In 1825 Austin E. Wing was elected, and re-elected in 
 1827, serving the entire terms of the 19th and 20th Con- 
 gresses. 
 
 In 1829 John Biddle was elected and served until Feb- 
 ruary 21, 1831, about ten days before the expiration of his 
 term when he resigned. 
 
 In 1831 Austin E. Wing was again elected. He took his 
 seat December 8, 1831, and served until the expiration of his 
 term, March 3, 1833. 
 
 Lucius Lyon was elected in 1833, and took his seat De- 
 cember 2d, 1833, and held it until March 3d, 1835. 
 
 The inhabitants of Michigan, east of Lake Michigan, hav- 
 ing in 1835 adopted a State constitution, although not yet 
 admitted into the Union, did not elect a delegate in Con- 
 gress but claimed to be represented in both houses of 
 Congress as a sovereign State. The voters of Michigan 
 Territory, however, not within the boundaries of the 
 new State, together with a few within it, held an election 
 in 1835, which resulted in the choice of George W. Jones, 
 who took his seat December 7th, 1835. 
 
 An act of Congress passed in 1789, provided that the 
 President of the United States by and with the advice and 
 consent of the Senate, should have all the power and au- 
 thority and perform all the duties, in relation to the appoint- 
 ment and removal of officers, wliich by the ordinance were 
 to have been appointed by the United States in Congress as- 
 sembled. And that the President of the United States, in- 
 stead of Congress, should be the organ of communication 
 with the Governor and other officers of the Territory. 
 
CIVIL GOVERNMENT — 1512 TO 1834. 159 
 
 And that in case of the death, removal, resignation or 
 necessary absence of the Governor, the Secretary should 
 execute the powers and perform the duties of the Governor 
 during such vacancy. 
 
 In 1792, an act of Congress was passed which authorized 
 the Governor and judges to repeal laws made by them, 
 whenever the same might be found to be improper. That 
 one of the judges in the absence of the others should be 
 authorized to hold a court. And that the Secretary of State 
 provide seals for the public officers in the territory. 
 
 By act of December 15, 1800, the franking privilege was 
 extended to the delegate, and his compensation fixed the 
 same as members of the House. 
 
 On the 7th of May, 1800, Indiana Territory was organ- 
 ized, embracing all of the Northwestern Territory which lies 
 to the westward of a line " beginning at the Ohio, opposite 
 to the mouth of the Kentucky river, and running thence to 
 Fort Recovery, and thence north until it shall intersect the 
 territorial line between the United States and Canada." 
 
 The act organizing the new territory created a govern- 
 ment in all respects similar to that provided by the ordi- 
 nance of 1787. 
 
 The powers, duties, and compensation of territorial officers 
 were the same as those of the " Northwestern Territory" 
 under the ordinance of 1787. 
 
 Saint Vincennes, on the Wabash river, was made the seat 
 of the government for the new Indiana Territory. 
 
 On the 30th of April, 180;3, Congress passed an act to 
 enable the inhabitants of the eastern division to form a con- 
 stitution and State government; the western boundary of 
 which should be a line drawn north from the mouth of the 
 Great Miami; which provided that the territory west of that 
 line should be part of the Indiana Territory. 
 
 On the 29th day of November, 1802, the constitution was 
 adopted and State government created under the name of 
 the " State of Ohio." 
 
 By act of Congress passed February 19, 1803, it was de- 
 clared that " the said State has become one of the United 
 States of America," 
 
 According to the census of 1800, the eastern division of 
 the Northwestern Territory (Ohio) contained a population 
 of 45,365, and the new Indiana Territory 5,641, of which 135 
 were returned as slaves. 
 
KJO HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 An act to divide the Indiana Territory into two separate 
 governments, approved January 11, 1805, prescribed that — 
 
 •' All that part of the Indiana Territory which h'es north of a line drawn east from the 
 southerly bend or extreme of Lake Michigan, until it shall intersect Lake Erie, and east 
 of a line drawn from the said southerly bend through the middle of said lake to its northern 
 extremity, and thence due north to the northern boundary of the United States, shall, for 
 the purpose of temporary government, constitute a separate Territoiy, and be called 
 Michigan." * 
 
 The provisions of government prescribed by the ordi- 
 nance of 1787 were extended over the Territory of Michigan, 
 as by the act of May 7, 1800, they had been over the In- 
 diana Territory. Detroit was estabhshed as the seat of gov- 
 ernment until Congress should otherwise direct. 
 
 On the 3d of February, 1809 "an act for dividing the In- 
 diana Territory into two separate governments," was passed, 
 by which the civil jurisdiction in that portion of the terri- 
 tory which is now Wisconsin, was conferred upon the gov- 
 ernment of the newly created Territory of Illinois. 
 
 The boundaries of the "Separate Territory" were by the 
 act defined to be "all that part of the Indiana Territory, 
 which lies west of the Wabash river and Post Vincennes, 
 due north to the territorial line between the United States 
 and Canada." 
 
 The terms in which the powers of the territorial govern- 
 ment were conferred upon its officers, and the appointment 
 of officers provided for, were nearly identical with those 
 used in the act of 1805 conferring like powers, and in the ap- 
 pointment of like officers in the Territory of Michigan. 
 
 Kaskaskia was established as the seat of government 
 imtil it should be otherwise ordered by the legislature of the 
 Illinois Territory. 
 
 By an act of Congress, approved March 3d, 1815, Illinois 
 was divided into three judicial circuits, and one of the three 
 judges was assigned by allotment to each circuit. The 
 judges were required to hold two terms annually in each 
 county. The county of Madison was in the first circuit, 
 and embraced all of the northern part of Illinois, and what 
 is now Wisconsin. 
 
 The courts had general, civil and criminal jurisdiction and 
 their judges or a majority of them constituted a court of 
 appeals, and was required to hold two sessions annually at 
 Kaskaskia. 
 
 St. Clair county, organized April 28, 1809, included the 
 
CIVIL GOVERNMENT — 1512 TO 1834. 161 
 
 whole territory of Illinois and Wisconsin, to the British pos- 
 sessions, and St. Clair and Randolph counties were the only 
 counties in the Territory. 
 
 Madison county was erected from St. Clair September J i, 
 1812, and comprised all the territory north of the line of the 
 second township south, to the line of the British possessions. 
 
 Bond county, organized January 4, li?17, extended in a 
 strip about thirty miles wide, on each side of the third prin- 
 cipal meridian, to the northern boundary of the territory. 
 
 The time had now arrived for Illinois to take her place as 
 one of the states in the Union, and by an act of Congress 
 passed April 18, 1818, the inhabitants of the Territory were 
 authorized to form for themselves a constitution and state 
 Government and to be admitted into the Union. 
 
 The north boundary of the state was the parallel of north 
 latitude of forty-two degrees and thirty minutes. 
 
 It is noticeable that Congress in fixing the northern bound- 
 ary of the new state, disregarded the fifth of the " articles 
 of compact between the original states and the people and 
 states in the said territory " contained in the Ordinance of 
 1787, and which were to " forever remain unalterable, unless 
 by common consent," and which contemplated that the 
 northern boundary should be " an east and west line drawn 
 through the southerly bend or extreme of Lake Michigan." 
 
 There is a semblance of an attempt, however, to obtain 
 this common consent in a j)roviso, which immediately fol- 
 lows the designation of boundaries, in these words: 
 
 " Provided, that the convention hereinafter provided for, when formed, shall ratify the 
 boundaries aforesaid : otherwise, they shall remain as now prescribed by the ordinance 
 for the government of the territory, northwest of tlie river Ohio." 
 
 The " people " of the fifth state (Wisconsin) were not con- 
 sulted, and had no opportunity to " ratify " this transfer to 
 Illinois of 8,400 square miles of the choicest part of that 
 state as contemplated by the ordinance; an area extending 
 sixty miles north and south, and from Lake Michigan to the 
 Mississippi River. 
 
 The act authorized the election of thirty-three represent- 
 atives apportioned among the fifteen counties, to form a 
 convention, which should meet at the seat of government 
 on the first Monday of August, with authority to form a 
 constitution and state government, if it should deem it ex- 
 pedient: Provided, that it should not be repugnant to the 
 11 
 
162 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 Ordinance of 17 S7 '' excepting so much of said articles as 
 relate to the boundaries of states therein to be formed." 
 
 The convention met and on the 26th day of August com- 
 pleted the formation of a constitution and state govern- 
 ment, and, on the 3rd day of December, 1818, by a joint 
 resolution of the two houses of Congress, Illinois was de- 
 clared to be one of the states of the Union. 
 
 Civil government of the remaining portion of the North- 
 western Territory lying west of Lake Michigan was trans- 
 ferred from Illinois Territory to Michigan Territory by the 
 seventh section of said enabling act of April 18, 1818. 
 
 An act passed February 16, 1819, authorized the citizens 
 of Michigan Territory to elect a d(;legate to Congress who 
 should possess the qualifications and exercise the privileges 
 required of and granted to the delegates from the several 
 territories of the United States. 
 
 The elective franchise was conferred upon and limited to 
 the free white male citizens of the Territory above the age 
 of twenty-one years who had resided therein one year and 
 paid a county or territorial tax. 
 
 On the 30th day of January, 1823, an act was passed to 
 take effect from and after the 20th of March, by the provis- 
 ions of which an additional judge for the Michigan Terri- 
 tory was required to be appointed 
 
 "Who should possess and exercise within the counties of Michilimackinac, Brown and 
 Crawford, the jurisdiction and powers possessed and exercised by the Supreme Court of 
 the said Territory, and by the County Courts of said counties respectively, within the said 
 counties, and to the exclusion of the original juinsdiction of the said Supreme Court." 
 
 Appeals were allowed from the County Court to the court 
 established by this act, and writs of error to this court, from 
 the Supreme Court, and appeals in suits in equity. 
 
 This court was required to hold one term annually in each 
 county; at Prairie du Chien on the second Monday in May; 
 at Green Bay on the second Monday in June, and at Macki- 
 naw on the third Monday in July. 
 
 The clerks 6f the court were the clerks of the County 
 Courts and the officers appointed to execute the process of 
 the County Courts, were authorized and required to execute 
 the process of this court. 
 
 The judge was required by the act to reside in one of the 
 counties, and was paid the same salary and in the same 
 manner as the judges of the Supreme Court. 
 
 The first judge appointed under this act was James D, 
 
CIVIL GOVERNMENT — 1512 TO 1834. 103 
 
 BoTY, only twenty-four years of age at the time of his ap- 
 pointment. He first resided at Prairie du Chien for a short 
 time and afterwards permanently at Green Bay, He was 
 succeeded by David Irvix, who was appointed April 26, 
 1832, by President Andrew Jackson, and continued to hold 
 the office until the organization of the Territory of Wiscon- 
 sin in 1836, having been appointed one of the three judges 
 of the Supreme Court of Wisconsin Territory. 
 
 A radical alteration of the mode in which the affairs of 
 civil government were to be administered in the Territory 
 of Michigan was made by an act of Congress passed 
 March 3, 1823. 
 
 It was provided by this act that the .same powers which 
 were granted to the Governor, Legislative Council, and 
 House of Representatives of the Northwestern Territory by 
 the ordinance of 1787, and which were transferred to the 
 Territory of Michigan by the act of January 11, 1805, were 
 thereby conferred upon, and should be exercised by the 
 Governor and a Legislative Council; that the Council should 
 consist of nine persons, to serve for two years, of whom five 
 should be a quorum, and be appointed as follows: The qual- 
 ified electors of the Territory were to chose by ballot eigh- 
 teen persons, whose names were to be transmitted by the 
 Governor to the President of the United States, who was 
 to nominate, and by and with the advice and consent of the 
 Senate, appoint therefrom nine, who should constitute the 
 Legislative Council, 
 
 The power of disapproval of any act passed by the Gov- 
 ernor and Legislative Council was reserved to Congress. 
 
 The act provided that the Legislature should have power 
 to submit at any time to the people the question whether a 
 general assembly should be organized, agreeably to the pro- 
 visions of the ordinance of 1787, and for the mode of such 
 organization if a majority of the qualified electors should 
 be in favor of it. 
 
 The tenure of office of the judges of the Territory was de- 
 clared by the act to be limited to four years^ and that the 
 office should become vacant on the first day of February, 
 1824, and every four years thereafter. It was enacted that 
 the judges should possess a chancery as well as a common 
 law jurisdiction, and that their powers and duties should be 
 regulated by such laws as were or might be in force in the 
 Territory. 
 
104 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 Two years subsequently the number of persons to be 
 chosen by the people and transmitted to the President, from 
 whom the members of the Legislative Council were to be 
 appointed, was, by an act of Congress passed February 5, 
 1835, increased from eighteen to twenty-six, and the number 
 to be appointed from nine to thirteen, and their compensa- 
 tion was increased from two to three dollars per day. 
 
 By the same act the Governor and Legislative Council 
 were authorized to divide the Territory into townships and 
 provide for the election of township officers; and also to pro- 
 vide for the election of all county officers, except judges of 
 courts of record and clerk thereof, sheriffs, judges of pro- 
 bate, and justices of the peace; and that all other non-elect- 
 ive civil officers in the Territory, except such as are 
 appointed by the President and Senate, should be appointed 
 by the Governor and Legislative Council. 
 
 The act also prescribed that not less than two judges of 
 the Supreme, or Superior Court of the Territory should 
 hold, or transact the business of a court. 
 
 Such was the progress of the idea of popular government, 
 that at the next Congress, by an act passed January 29, 1827, 
 it was provided that the electors of the Territory, instead of 
 choosing twenty-six, should " elect thirteen fit persons as 
 their representatives,'' who should constitute the Legislative 
 Council. The Governor and Legislative Council were to 
 apportion the representatives among the several counties or 
 districts in proportion to the number of inhabitants in each. 
 
 But the reluctance to intrusting the people of a Territory 
 with the power of electing their own representatives, in 
 their own legislature, was such, that Congress, although it 
 had the reserved power of disapproving of any act of the 
 Territorial Legislature, inserted a section "that Congress 
 have the right, at any time, to alter or repeal this act." 
 
 The settlement of that part of Michigan Territory known 
 as the " Lead Mines," had so increased by 1830, that an act of 
 Congress was passed on the 2d of April, in that year, which 
 provided " that the term of the court appointed to be held 
 annually on the second Monday of May, at the village of 
 Prairie du Chien, by the additional judge of the United 
 States for the Territory of Michigan, shall be held on the 
 first Monday of October, annually, at Mineral Point, in the 
 county of Iowa," and the clerk and sheriff of that county 
 were to be the clerk and sheriff of the court. 
 
LEGISLATION PREVIOUS TO 1835. 165 
 
 The domain of the Territory of Michigan was more than 
 doubled bv an act of Congress passed June 28, 1834, which 
 added to it the territory now embraced in the states of 
 Iowa, Minnesota, and that part of Dakota which lies east of 
 the Missouri River. It was provided that "the inhabitants 
 therein shall be entitled to the same privileges and immu- 
 nities as the other citizens of Michigan Territory." 
 
 CHAPTER XIV. 
 
 LEGISLATION PKEVIOUS TO 1835. 
 
 The last chapter was devoted to an account of civil gov- 
 ernment for a period of 323 years, during which Wisconsin 
 was successively under the dominion of Spain, of France, 
 of Great Britain, Virginia, and the United States. 
 
 To present in a connected way that feature of civil gov- 
 ernment, which consists of its legislation, during the same 
 period — or more correctly the latter half of it — is the 
 purpose of this chapter. 
 
 The first actual occupation of the I^orthwest Territory, as 
 has been seen, was by the French. 
 
 During this possession which continued until 17G3, when 
 it was succeeded by British occupancy, the customs of 
 Paris and the ordinances of the Kingdom with certain ar- 
 rets and decrees of the Canadian authorities, constituted 
 the rule of civil conduct in that extensive region of country. 
 
 The administration of justice however seems to have 
 been limited to the more densely settled portions of the 
 country. There only, courts of justice were established. 
 
 These laws were never enforced at any of the northern 
 posts, or in the settlements which grew up in their vicinity. 
 The parish priest and a few intelligent Frenchmen might 
 have been provided with a copy of the " Coutume de Paris,^^ 
 but there was no judicial officer to administer it. 
 
 The only civil officer located at any of these posts, was a 
 notary public duly commissioned by the governor. He 
 was an educated man, versed in the '' Coutume " and a very 
 important official, in view of the duties which devolved 
 
IGG HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 upon him. He was required to keep a register, in which he 
 recorded all the legal instruments drawn by him. It was 
 his duty to keep the original document, and to furnish the 
 parties interested with certified copies. Some of these in- 
 struments have been the subject of litigation in modern 
 
 times. 
 In all matters of controversy between the inhabitants, 
 
 justice was administered by the commandant of the post in 
 a summary manner. The party complaining obtained a 
 notification to his adversary of his complaint accompanied 
 by a command to render justice. If this had no effect he 
 was notified to appear before the commandant on a partic- 
 ular day and answer the complaint; and if the last notice 
 was neglected, a sergeant and file of men were sent to bring 
 him. The recusant was fined and kept in prison until he 
 did his adversary justice. There was no sheriff and no 
 costs. 
 
 But the practical administration of laws during this period 
 was exceedingly limited in its effects, in that portion of the 
 ISTorthwest now constituting Wisconsin. The only inhabi- 
 tants to be affected by it were at Green Bay, and possibly 
 at Prairie du Chien. We have seen that as late as 17-i5 the 
 colony at Green Bay did not exceed eight persons, and it is 
 not probable that it was materially increased before the 
 post was occupied by British troops in 1 7G1. It is a matter 
 of serious doubt whether there were any inhabitants at 
 Prairie du Chien until after the jurisdiction passed to Great 
 Britain. 
 
 On the 7th of October, 1763, immediately after the transfer 
 of the country, the British King established by procla- 
 mation four separate and distinct governments, called Que- 
 bec, East and West Florida and Grenada, and at the same 
 time introduced into these provinces the civil and criminal 
 laws of England, but no part of the territory north of the 
 Ohio river was embraced within the limits of either, and for 
 a period of eleven years that portion of the country ap- 
 peared to be without the pale of civil government. 
 
 In 1774 a bill was introduced into Parliament as a govern- 
 ment measure to make "more effectual provisions for the 
 Government of Quebec in North America." Upon motion 
 of Burke the bill was amended so as to embrace the whole 
 Northwest Territory which was declared to be "annexed to 
 and made a part of the Province of Quebec." 
 
LEGISLATION PREVIOUS TO 1835. 167 
 
 The bill was passed and the domain which is now Wis- 
 consin was subjected to its provisions by which 
 
 "Canadian subjects were to hold and enjoy their property and possessions, with all cus- 
 toms and usages relative thereto, and all their civil rights in as large, ample and benefi- 
 cial manner as if the proclamation, ordinances and other acts had not been passed; and 
 it is declared that in all matters of controversy, relative to property and civil rights re- 
 sort should be had to the laws of Canada, as the rule for the decisions of the same. All 
 suits relative to such jiroperty and rights, were to he determined agreeably to such laws 
 and customs imtU. altered by the Governor and Legislative Council. The owner of lands, 
 goods or credits had a right to alienate the same in his life-time, by deed of sale, gift or 
 otherwise or to devise or bequeath the same, at his death, hy last will or testament to be 
 executed either according to tlie laws of Canada or the laws of England. The criminal 
 law of England was to be continued in force in the Province. The King might appoint 
 a council, who should have power and authority to mate ordinances for the peace, wel- 
 fare and good government of the Province, with the consent of the Governor, and which 
 were to be also approved by the King; but no ordinance should be made touching reli- 
 gion, or by which any pmiishment might be infUcled greater than fine and imprisonment 
 for three months, until approved by the King." 
 
 Such were the principal provisions of the act, which the 
 Old Congress in 1774 denounced as unjust, because it 
 
 " Extended the Province, so as to border on the western frontier of the colonies, estab- 
 lishing an arbitrary government therein, and discouraged the settlement of British sub- 
 jects in that wide extended country — thus by the influence of evO principles and ancient 
 prejudices, to dispose the inhaljitants to act with hostility to the Protestant Colonies 
 whenever a wicked ministry shall choose to direct them." 
 
 This is the law which in the Declaration of Independence 
 is referred to as one of those " acts of pretended legislation " 
 to which the King had given his assent, in these words: 
 
 " For abolishing the free system of English laws in a neighboring province, establishing 
 therein an arbitrary government, and enlarging i(s boundaries, so as to render it at once 
 an example and fit instrument for introducing the same absolute rule into these col- 
 onies." 
 
 Notwithstanding the adoption of this law the inhabitants 
 of the district of country " annexed to and made a part of 
 the province of Quebec " were not yet destined to realize 
 the benefit of a civil government. A few justices of the 
 peace were commissioned but this was all. 
 
 A citizen of Detroit, who went there in 1778, relates that 
 in 1779, the governor 
 
 " Gettuig tired of administering justice, proposed to the merchants to establish a court 
 of trustees, with jurisdiction extending to £10 Halifax cm-rency. Eighteen of these en- 
 tered into a bond that three of them should be a weekly coiu-t, in rotation, and that they 
 should defend any appeal which might be taken from their decision. They rendered 
 judgment and issued execution, and imprisoned the defendant in the guard house." 
 
 Neither the change of sovereigns or of laws seems to have 
 
168 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 resulted in any benefit to the inhabitants of that portion of 
 ' the annexed country, which now constitutes Michigan or 
 Wisconsin. No courts had been established, no competent 
 judge appointed, or jail erected. The settlements were still 
 too remote from the provincial capital, and intercourse diffi- 
 cult, and at times impracticable. The fostering care of 
 these governments was almost entirely withheld from the 
 early settlers. 
 
 At length the Captain-General of the Province, by proc- 
 lamation in 1788, laid out the province into separate districts; 
 and that which embraces Michigan and Wisconsin was 
 called " Hesse." 
 
 On the 25th of November, 1790, the Imperial Parliament 
 passed another act, by which it divided the Province of 
 Quebec into two provinces, to be called the Province of 
 Upper and Lower Canada respectively, each of which was 
 to have a Legislative Council and General Assembly to 
 make all laws not repugnant to that act, and to be approved 
 by the King or the Governor, 
 
 The Governor with the Executive Council (appointed by 
 the King) were, in each of the Provinces, created a court of 
 civil jurisdiction for hearing and determining appeals. The 
 act declares that the lands in Upper Canada (comprising 
 Michigan and Wisconsin) should be granted in fee and 
 common socage as in England, and that any person holding 
 lands should be entitled to a fresh grant if desired. 
 
 The Legislature of Upper Canada by an act passed Octo- 
 ber 15, 1702 
 
 " Repealed the law of Canada and every part thereof, as forming a rule of decision in all 
 matters of coutroversj- relative to property and civil rights, but this was " not to afTeet 
 existing rights, claims on real property, contracts or securities already executed." 
 
 From the passing of this act, in all matters of contro- 
 versy relative to property and civil rights, it is declared that 
 resort should be had to the laws of England as the rule for 
 the decision of the same, and further 
 
 " That all matters relative to testimony and legal proof in the investigation of fact and 
 the forms thereof, in the several courts of law and equity, should be regulated by the 
 rules of evidence in England."' 
 
 Further legislation introduced jury trial, established a 
 court of request in each district, and provided for the build- 
 ing of a court-house and jail in every district. 
 
 Among the acts passed in 1793 was one fixing the terms 
 and places of holding the Courts of General Quarter Ses- 
 
LEGISLATION PREVIOUS TO 1835. 1(39 
 
 sions of the Peace, and another estabhshing a Court of 
 Probate, and also a Surrogate Court in all the districts. 
 
 An act was also passed the same year to prevent the 
 further introduction of slaves, and to limit the term of con- 
 tracts for servitude within the province. The term was 
 restricted to nine years from the date of the contract. 
 
 " The owners of slaves at that time were confirmed in their property therein. The chil- 
 dren that should be born of female slaves were to remain in the service of the owner of 
 their mother until the asje of twenty-five years, when they were to be discharged. In case 
 any issue should be born of children during their infant servitude or after, such issue were 
 entitled to all the rights and privileges of free-born subjects." 
 
 In 1794 an act was passed for the regulation of juries. 
 Also in the same year an act " to establish a Superior Court 
 of civil and criminal jurisdiction, and to regulate the Court 
 of Appeal." 
 
 The Court of King's Bench was required to be held by the 
 Chief Justice and two Puisne judges; and its sessions were 
 to be held " in the city, town, or place where the Governor 
 or Lieutenant Governor should usually reside." The act is 
 very minute in detailing the proceedings and practice of the 
 court. 
 
 The Court of Appeals was to consist of the Governor, 
 Lieutenant Governor, or the Chief Justice, together with 
 any two or more members of the executive council. The 
 judges below might assign their reasons, but not give their 
 votes on the appeal. 
 
 An act to establish a court for the cognizance of small 
 causes in each district was passed. By this act " the court 
 for the Western District is required to be holden in the town 
 of Detroit." 
 
 In this year the Governor was authorized by law to license 
 practitioners in the law. These were to be — 
 
 " Liege subjects, not exceeding sixteen in number, as he should deem, from their educa- 
 tion, probity, and condition in life, best qualified to act as advocates and attorneys;" they 
 were then " holden as duly authorized to receive fees for practicing in any of the courts." 
 
 In 1795 a law was enacted "for the public registering of 
 deeds, conveyances, wills, and other incumbrances which 
 might be made or affect real estate." It prescribes the man- 
 ner of making up a memorial of these instruments for record 
 in the county where the lands lie. 
 
 On the 3d of June, 1796, the law which required the Quar- 
 ter Sessions to be held at Mackinac was repealed, and as to 
 the District Court which had been held at Detroit, it is de- 
 clared that — 
 
170 ■ HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 " As it seems not to be any longer expedient to hold the said court in the town of Detroit, 
 it should thereafter be held where the General Quarter Sessions might be held." 
 
 The last term of this court was held at Detroit on the 29th 
 of January, 179G. 
 
 Early in the month of July, 179G, in accordance with the 
 provisions of Jay's treaty, all jurisdiction over and occu- 
 pancy by the British government of the territory now con- 
 stituting Michigan and Wisconsin, was formally surrendered 
 to the United States. 
 
 On the 15th day of the same month a proclamation was 
 issued by Governor St. Clair, by which the county of 
 Wayne was organized. It included the northwest part of 
 Ohio, the northeast part of Indiana, and the whole of Wis- 
 consin, and part of Minnesota, and annexed the same by a 
 mere executive act to the United States Territory north- 
 west of the River Ohio. 
 
 That the laws, usages and customs of a conquered or ceded 
 country, continue in force till altered by the new sovereign, 
 is a principle of jurisprudence which is universally recog- 
 nized by the Supreme Court of the United States. 
 
 This principle was applicable to the Northwest Territory 
 after the transfer of jurisdiction from Great Britain to the 
 United States. The laws and rights of the inhabitants un- 
 der them were left as they had been. 
 
 These laws were very materially modified by the action 
 of the Governor and Judges of the Northwest Territory. 
 
 In 1795 the Governor and Judges adopted an act from 
 Virginia, by which it is declared that 
 
 "The common law of England, all the statutes or acts of the British Parliament, made in 
 aid of the common law prior to the fourth year of the reign of King James the First (and 
 ■which are of a general nature, not local to the Kingdom"), and also the several laws in force 
 in the Territory, shall be the rule of decision, and shall be considered of full force, until re 
 pealed by legislative authority or disapproved of by Congress." 
 
 It was a contested question whether it was competent for 
 the Governor and Judges to adopt this act, because it 
 adopted as law in a new and thinly populated district, the 
 whole jurisprudence of a foreign country, and because it 
 was not an existing law of Virginia or of any original state. 
 Upon this question the Judges were equally divided in 
 opinion. 
 
 During the year 1805, thirty-four different acts were 
 adopted and published together, at Detroit, by the Governor 
 and Judges of the Territory of Michigan, which was called 
 
LEGISLATION PREVIOUS TO 1835. 171 
 
 the " Woodward Code," Hon. Augustus B. Woodward being 
 then Chief Justice of the Territory. 
 
 This code embraced nearly the entire scope of the civil 
 polity of the newly created territorial government. 
 
 Among the subjects to which the acts composing this 
 code related stated in the order of their adoption were the 
 following: a territorial seal; the Marshal; oaths; courts; 
 juries; notaries; recovery of debts; marriages; holding of 
 lands by aliens; appeals; recording deeds; ferries; tavern- 
 keepers and retailers; auctions; militia; compensation of 
 officers; wills and intestacies; the territorial treasurer; lit- 
 erature; taxes; inquests; highways; imprisonment for debt 
 and poor prisoners, paupers and some others. 
 
 None of these acts were local, but the scope of their oper- 
 ation embraced the entire limits of the territory; nor were 
 any of them applicable exclusively to the Territory west of 
 Lake Michigan. 
 
 From February 3, 1809, until December 3, 1818, the terri- 
 tory now embraced within the State of Wisconsin Avas 
 under the jurisdiction of the Territory of Illinois. 
 
 In 1816, a compilation was published containing the titles, 
 with a digest or a copy of the Acts of the Territory of 
 Michigan, which could then be ascertained to be in force. 
 
 Hon. Lewis Cass was then Governor of Michigan and 
 the compilation appears to have been made by the Gov- 
 ernor and Judges, and was called the " Oass Code."' 
 
 As the territory west of Lake Michigan was, at this time, 
 a part of the Territory of Illinois, no alteration or repeal of 
 former laws, nor any enactment of new ones, could have any 
 effect upon its inhabitants until December 3, 1818, when 
 upon the admission of Illinois into the Union, that portion 
 of the Territory north of the new State of Illinois, was re- 
 manded to the jurisdiction of Michigan Territory. 
 
 On the IGth of September, 1810, an act of considerable im- 
 portance was adopted by the Governor and Judges which 
 continued in force in 1818 and subsequently was and may 
 still be operative in Wisconsin, As it is nearly out of print, 
 it is given entire — omitting the States from whose laws 
 the several sections were adopted. 
 
 " Whereas, The good people of the Territory of Michigan may be ensnared by ignor- 
 ance of acts of the parUament of England, and of acts of the parliament of Great 
 Britain, which are not published among the laws of the territory, and it has been thought 
 advisable by the governor and the judges of the territory of Michigan, hereafter specially 
 to enact such of the said acts as shall appear worthy of adoption: 
 
172 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 "■Be it therefore enacted by the Governor and Judges of the Territory of Michigan: 
 That no act of the i-ariianient of England, and no act of the parliament of Great Britain 
 shall have any force within the Territory of Michigan; Provided, that all rights arising 
 under any such act, shall remain as if this act had not been made. 
 
 " Section 2. And Whereas, the good people of the Territory of Michigan may be en- 
 snared by ignorance of the laws of other governments under which this territory has 
 heretofore been, that is to say, of the Coutume de Paris, or common law of France, the 
 laws, acts, ordinances, arrets and decrees of the ancient kings of France, and the laws, 
 acts, ordinances, arrets and decrees of the governors or other authority of the province 
 of Canada, and the province of Louisiana, under the ancient French crown and of the 
 governors, parliaments or other authorities of the province of Canada generally, and of 
 the province of Upper Canada particularly, under the British crown, which laws, acts, 
 ordinances, arrets and decrees do not exist of record, nor in manuscript or print in this 
 country and have never been formally repealed or annulled. 
 
 Be it enacted by the Governor and Judges of the Territory of Michigan: That the 
 Coutume de Paris, or ancient French common law, existing in this country, the laws, acts, 
 ordinances, arrets and decrees of the governors or other authorities of the province of 
 Canada and the province of Louisiana, under the ancient French crown, and of the gov- 
 ernoi's, parliaments or other authorities of the province of Canada generally and of the 
 province of Upper Canada particularly under the British crown are hereby formally 
 annulled, and the same shall be of no force within the Territory of Michigan; Provided, 
 That all rights acci-uing under them, or any of them shall remain valid. 
 
 " Section .3. And, whereas, Tlie good people of the Territory of Michigan may be en- 
 snared by ignorance of laws adopted and made by the Governor and the judges of the 
 ancient territory of the United States northwest of the River Ohio (it was then twenty- 
 three years old), and of laws made by the General Assembly of the said territory, and of 
 laws adopted and made by the Governor and the judges of the Territory of Indiana, under 
 all of which respective governments this territory has heretofore been, and which said 
 laws do not exist of record or in manuscript in this country, and are also out of print, as 
 well as intermingled with a multiplicity of laws which do not concern or apply to this 
 country, and tlierefore may not be expected to be reprinted in a body, and may not be ex- 
 pected to be selected and reprinted in a detached form without much uncertainty, delay 
 and difficulty, and it has been thought advisable by the Governor and the judges of 
 the Territory of Michigan, heretofore, specially to re-enact such of the said laws as ap- 
 peared woi-thy of adoption, and hereafter also to re-enact such of the said laws as shall ap- 
 pear worthy of adoption: 
 
 "£e it therefore enacted by the Governor and Judges of the Territory of Michigan: That 
 the laws adopted and made by the Governor and judges of the territory of the United 
 States northwest of the River Ohio, and the laws made by the General Assembly of the 
 said territory, and the laws adopted and made by the Governor and judges of the Terri- 
 tory of Indiana, shall be of no force within the Territory of Blichigan; provided, that all 
 rights accruing under the said laws, or any of them, shall remain valid. 
 
 " Section 4. And be it enacted, That all the laws passed between the second day of June 
 180", and the first daj' of September, 1810, be repealed, saving all legal rights heretofore 
 accruing under them." 
 
 In 1821 a compilation of the laws in force in the Territory 
 of Michigan was published, which was called the Code of 
 1820, and comprehended all such laws as were essential to 
 the successful administration of civil government within 
 the Territory. 
 
LEGISLATION PREVIOUS TO 1835. 173 
 
 The Governor of Michigan, in October, 1818, as ah*eady 
 mentioned, laid out that part of the Territory west of Lake 
 Michigan into three counties, viz.: Michihmackinac, Brown, 
 and Crawford. 
 
 An act adopted by the Governor and Judges on the 27th 
 day of October, 1818, provided that the County Court for the 
 counties of Brown and Crawford should be held on the sec- 
 ond Monday of July in each year. In 1821, the time in 
 Crawford county was changed to the second Monday of 
 May. 
 
 The act of Congress of March 3d, 1 823, creating a Legis- 
 lative Assembly, provided that the first Legislative Coun- 
 cil should be assembled, at such time and place, as the 
 Governor should by proclamation designate. By virtue of 
 that provision Governor Cass issued his proclamation on the 
 15th of April, 1824, designating the Council House in De- 
 troit as the place, and the first Monday of June, 1821, as the 
 time for the assembling of the first Legislative Council of 
 the Territory. Robert Irwin, Jr., was a member from 
 Brown county during the years 1824 to 182? inclusive. 
 
 On the 3d of July, 1824, an act was passed by the Gover- 
 nor and Legislative Council of the Territory of Michigan, 
 convened in pursuance of the act of Congress of March 3d, 
 1823, the preamble of which recited that "The judges of the 
 County Court" of the county of Brown have neglected to 
 comply with the requisitions contained in said proclama- 
 tion of October 26, 1818, "to the great and manifest in- 
 convenience of the people of said county;"' and that no 
 particular place within the village of Prairie du Chien was 
 designated where the public buildings should be erected, and 
 it appearing doubtful by said proclamation which of the said 
 villages upon the said prairie were alluded to; and said act 
 prescribed as follows: 
 
 "Section 1. That the County Commissioners of the county of Brown, or a majority of 
 them, sliall have power and they are liereby required, on or before the first day of Octo- 
 ber next ensuin.^, to establish tlie seat of justice of said comity of Bi-own, at any point they 
 may deem expedient within six miles of tlie mouth of Fox River. 
 
 "Section 3. That the seat of justice of the county of Crawford shall be and the same 
 is established upon the farm lots situated at Prairie du Chien numbered 34 and 35 upon the 
 map or sketch of the claims to lands at said place, submitted to the commissioners 
 in the year 1820, and entered in the names of Pierre Lessard * and Strange Pass, 
 or upon whichever of the said lots the three high mounds, lying immediately below 
 the village of Ferriole (so called) and above the lot claimed by Francis La'Point, Sen., may 
 be found to be situated when the boundary lines of said lots are run by the surveyor, or 
 may be otherwise ascertained; and the County Commissioners are hereby required to erect 
 
174: HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 the Court House upon the highest or center mound of said three mounds, and all the other 
 public buildings of said county in the immediate vicinity thereof whenever the person who 
 is the owner of said mounds and the lands adjacent shall execute to the commissioners of 
 said county for the time being, for the use of said county, a quit-claim deed of a lot which 
 shall Include the said three mounds, bounded in front by a certain road leading from the 
 Village of St. Ferriole to the old French Trading Fort (so called) and extending in the rear 
 of said mound thirteen rods." 
 
 It is observable that at the next session of the Legisla- 
 tive Council, held on the third Monday in January, 1825, the 
 style of the acts was changed so as to read, " Be it enacted 
 by the Legislative Council of the Territory of Michigan," 
 the " Governor," which had previously been inserted, being 
 dropped. 
 
 In illustration of the great length of time required to con- 
 vey information to Prairie du Chien of legislation had at 
 Detroit, especially in the winter, it is worthy of note, that, 
 by an act passed February 4, 1825, the time for the election 
 of a delegate to Congress was changed from the first Mon- 
 day in April to the last Tuesday in May, 1825, and bi-enni- 
 ally thereafter; and that it was also enacted — 
 
 " That should an election be held at Prairie du Chien on the first Monday of April, such 
 election shall be valid to all intents and purposes, any law to the contrary notwithstand- 
 ing." 
 
 By an act of the Legislative Council, approved April 21, 
 1825, the act of July 3, 1824, "to establish the seats of justice 
 within the counties of Brown and Crawford," was amended, 
 so that the duties required by that act to' be performed by 
 the commissioners of the county of Brown might 
 
 " Be performed by the said commissioners, together with the justices of the county 
 ■court of said county and tlie Territorial judge for the countie'? of Brown, Crawford, and 
 Michilimacinac, or a majority of them," 
 
 who were required to perform the said duties within one 
 year from the passage of the act. 
 
 The boundaries of the county of Michilimacinac, as 
 established by the Governor's proclamation of October 26, 
 1818, were essentially altered by an act of the Legislative 
 Council, approved December 22, 1826, to organize the county 
 of Chippewa, which was made to embrace the entire south- 
 ern shore of Lake Superior, as well as a vast domain west 
 and northwest of that lake. 
 
 The county seat of the new county was established at 
 Sault de St. Marie. 
 
 On the 12th of April, 1827, an act was passed "to divide 
 the several counties in this Territory into Townships." In 
 
LEGISLATION PREVIOUS TO 1835. 175 
 
 that portion of the Territory which is now Wisconsin, but 
 two townships were formed. One was in Crawford county 
 called "St. Anthony," which was bounded on the north by 
 the parallel of north latitude 43° 30', on the east by a line 
 running parallel with aiid ten miles easterly from the Mis- 
 sissippi river, on the south by the parallel of north latitude 
 42° 30', and on the west by the Mississippi river. 
 
 The other Avas in Brown County, and was called Green 
 Bay. Its southwestern boundary was a line running south- 
 east and northwest through the head of the rapids of the 
 Grand Kaukaulin, and extending ten miles on such line 
 €ach way therefrom. The northeastern boundary was a line 
 drawn northwest and southeast through Point au Sable of 
 Green Bay, and extending ten miles on such line, each way 
 therefroin. The southeast and northwest boundaries were 
 parallel lines, twenty miles apart, connecting the other 
 boundaries. Fox river consequently run through nearly the 
 center of the township. 
 
 An act approved April 12, 1837, provided for taking a cen- 
 sus of the inhabitants of the Territory, by the assessors in 
 the several townships in the Territory, at the time they 
 make the assessment for that year. 
 
 Another act approved April 13, 1827, required that as soon 
 as might be after the census returns were received at the of- 
 fice of the Secretary of the Territory it should be the duty 
 of the Governor to apportion the thirteen members com- 
 posing the Legislative Council, among the several counties, 
 in a mode specified in the act. 
 
 The act also provided that in tlie counties of Brown and 
 Crawford the census should be taken by the sheriffs of those 
 counties instead of the assessors. 
 
 In pursuance of the requirements of this act Governor 
 Lewis Cass, on the -id day of October, 1827, issued his proc- 
 lamation, announcing the number of members of the coun- 
 cil apportioned to the different counties, among which it 
 was announced that the counties of Crawford, Brown, Mich- 
 ilimacinac and Chippewa should form one district which 
 was entitled to elect two members of the council. 
 
 It was further provided by the act, that the election for 
 members of the council, should be held on the first Monday 
 of November, 1827. 
 
 At that election Henry R. Schoolcraft, of Chippewa 
 
170 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 county, and Robert Irwin, Jr., were elected members of the 
 council. 
 It was provided by an act approved June 3, 1828 
 
 " That the additional juds:e for the Michigan Territory in the counties of Michili- 
 macinac, Browai and Crawford, be authorized to hold a special session of the circuit 
 court for the county of Crawford on Monday, the S5th day of August next, aid so long a 
 time thereafter as may be necessary for the trial of all such criminal cases as shall then 
 and there be moved and prosecuted in said court." 
 
 The object of this special term, was the trial of Red Bird, 
 We-kau and Chic-hon-sic for the murders perpetrated at 
 the breaking out of the Winnebago war. 
 
 By an act approved June 18, 1838, all civil and criminal 
 jurisdiction of the county courts in the counties of Michili- 
 macinac, Brown and Crawford was transferred to the 
 circuit court of the United States, to be held in each of the 
 said counties. 
 
 This jurisdiction was restored to the county of Crawford 
 by an act passed July 31, 1830. 
 
 The Legislative Council consisted of thirteen members, 
 and by an act approved July 3, 1838, they were apportioned 
 among the several counties. The counties of Michilimacinac, 
 Brown, Crawford and Chippewa, constituted the sixth dis- 
 trict which was entitled to two members. 
 
 The act provided that the next election should be held on 
 the second Monday of July, 1839, and on the same day in ev- 
 ery second year thereafter. 
 
 Messrs. Schoolcraft and Irwin were elected. Two ses- 
 sions of the council were held, one commencing May 11, 
 1830, which adjourned July 31. The other commenced Janu- 
 ary 4, 1S31, and adjourned March 4. Mr, Irwin did not 
 attend the second session. 
 
 The county of Iowa was organized by an act approved 
 October 9, 1839. 
 
 The boundaries, as prescribed by this act, were as follows: 
 
 ' ' Beginning at the mouth of Ouisconsin River and following the course of the same so 
 as to include all the islands in said river to the portage between the said Ouisconsin and 
 the Fox River; thence east until it intersects the line between the counties of Brown and 
 Crawford, as established by the proclamation of the Governor of this Territory, bearing 
 date the 26th day of October. 1818; thence south with said line to the northern boundary 
 of Illinois; thence west with said boundary to the Mississippi River; thence up said river 
 with the boundary of this Territory to the place of beginning." 
 
 Samuel W, Beale and Lewis Grignon of the county of 
 Brown and Joseph M. Street of the county of Crawford 
 were appointed commissioners to fix the seat of justice of 
 
LEGISLATION PREVIOUS TO 1835. 177 
 
 the county, which was temporarily estabhshed at Mineral 
 Point. 
 
 The 5th section of the act provided that there should be 
 two terms of the county court of said county annually on 
 the first Mondays of June and December. 
 
 It was provided by the seventh section that the organiza- 
 tion of Iowa county should not affect suits, prosecutions, 
 and other matters pending in the United States circuit court 
 or the county court, or before any justice of the peace 
 in Crawford county, nor the levy or collection of taxes. 
 
 An act was passed July 27, 1830, to legalize the proceed- 
 ings of officers within the county of Iowa. 
 
 The next day an act was passed excepting the counties of 
 Chippewa and Iowa from the operation of the law requir- 
 ing freehold security to be given for any purpose, or as a 
 qualification for office. 
 
 The third section of the act authorized the judges of the 
 county court of Iowa county to order the sitting of said 
 court at such place in the county as to them might seem 
 most convenient for the public interest, until the necessary 
 public buildings were erected at the county seat. 
 
 The fourth section provided for annexing unorganized 
 townships in Iowa county to organized townships. 
 
 The fifth and sixth sections authorized the sheriffs of 
 Brown, Crawford, Chippewa and Iowa counties to provide 
 for the security and health of prisoners until sufficient and 
 secure gaols were provided. And the eighth section au- 
 thorized the sheriffs to employ convicts, sentenced to hard 
 labor, in work on the public highways or on the public 
 buildings. 
 
 The 7th section provided that until a treasurer should be 
 elected in Iowa county, bonds and other securities required 
 to be approved and filed with him should be approved and 
 remain with the justices of the county court, until a treas- 
 urer be appointed. 
 
 The Miners' Journal, of Galena, August 7, 1830, says: 
 
 "Lucius Lton, Esq., of Detroit, is now engaged, under instructions from the Secretary 
 of War, in surveying' and marking the boundary between the ceded and unceded lands 
 west of Lake Michigan, and east of the Mississippi, agreeably to the stipulations of the 
 treaty of Prairie du Chien, of 1829. 
 
 " The survey of the boundaries of the Pottawattamies, etc., commencing on Lake Michi- 
 gan, about twelve miles north of Chicago and running west to Rock river, has been fin- 
 ished. The distance from the lake to Rock river is eighty-four miles, and the boundary 
 strikes the river forty miles below the mouth of the Peck-a-ton-o-kee. 
 13 
 
178 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 " Mr. Lyon and Mi-. Kerchevai. arrived at Galena in a light pleasure wagon, which was 
 the first that ever came through from Detroit by way of Chicago and the branches of Roc-k 
 river. The distance is about five hundred miles." 
 
 A new apportionment of members of the Legislative 
 Council was made by an act approved March 4th, 1831. But 
 no change in the representation of the sixth district as fixed 
 by the act of July 3, 1828, except that the county of Iowa — 
 organized in 1829 — was named as constituting a part of the 
 district, and the numbering of it was changed from sixth to 
 seventh. 
 
 It is also observable, as showing that the organization of 
 Wisconsin Territory was contemplated more than five years 
 before its occurrence, that the act provided, that if the 
 counties constituting the seventh district, should " at the 
 present session of Congress " — which expired on that day — 
 be set off into a separate territory, to what districts its two 
 members should be assigned. 
 
 The act also provided in contemplation that the number 
 of members should be increased by act of Congress; that 
 in that event the Governor should apportion them to each 
 of the districts according to population as shown by the 
 census of 1830. 
 
 The tenth section of the act fixed the first session of the 
 fifth legislative council on the first Tuesday of May, 1832, 
 at Detroit. 
 
 The members elected to the fifth Legislative Assembly 
 were Henry Dodge of Iowa county and Morgan L. Martin 
 of Brown county. The first session convened at Detroit, 
 May 1, 1832, and adjourned June 29th. The second session 
 convened January 1, 1833, and adjourned April 23. Mr. 
 Dodge did not attend either session. 
 
 It 'was provided by an act approved June 29, 1832, that the 
 electors of the several townships in the Territory should 
 express by their votes on the first Tuesday of October, 1832, 
 " whether it be expedient for the people of this Territory to 
 form a State Government; yea or nay." 
 
 Owing to the paucity of newspapers in the counties of 
 Brown, Iowa and Crawford, an act was passed February 1, 
 1833, substituting the posting of notices in legal proceedings 
 " on the door of the house, where the circuit court was last 
 held," for the publication in newspapers, required by law. 
 
 The additional Judge for the Michigan Territory was 
 authorized by act approved April 6, 1833, to hold special 
 
LEGISLATION PREVIOUS TO 1835. 179 
 
 sessions of llie circuit court for the counties of Brown or 
 Iowa, at such time and place as he may deem expedient for 
 the trial of criminal cases. 
 
 The judges of the county court of Iowa county were au- 
 thorized by an act approved April 20, 1833, 
 
 " To designate as many several places in said county in addition to those provided by 
 law, as they shall deem expedient, where the electors of said county may meet for the 
 purpose of voting for delegate to Congi-ess and members of the Legislative Council." 
 
 The supervisors of the county of Iowa were authorized 
 and required by an act approved April 33d, 1833, to locate 
 the seat of justice of said county, at some point therein 
 which shall be most convenient. 
 
 They were required to do so on or before the 1st day of 
 July, 1833, and if they failed the county seat should con- 
 tinue at Mineral Point. 
 
 The time and place of the meeting of the sixth Legislative 
 Council was fixed for the first Tuesday of January, 1834, at 
 Detroit. 
 
 It was provided by act of April 23, 1833, that the election 
 districts established by act of March 4, 1831, should remain 
 unchanged. 
 
 At the election of 1833, the official returns forwarded 
 showed that James D. Doty was elected a member of the sixth 
 Council, and that Wm. S. Hamilton was elected over Mor- 
 gan L. Martin; but the returns from Crawford county, which 
 changed the result, were not forwarded, and Col. Hamilton 
 did not claim the seat and Mr. Martin was admitted. The first 
 session convened January 7, 1834, and adjourned March 7, 
 An extra session met September 1, 1834, and adjourned 
 September 8. An adjourned session met November 11, 
 1834, and adjourned December 31. The second regular 
 annual session convened January 12, 1835, and adjourned 
 March 28. Morgan L. Martin was elected President. A 
 special session met August 17, 1835, and adjoMrned 
 August 25. 
 
 No act affecting that part of the territory west of Lake 
 Michigan appears to have been passed at the January ses- 
 sion 1834. 
 
 An act of Congress, of June 30, 1834, authorized an extra 
 session of the Legislative Council. In pursuance of this act, 
 Acting Governor Mason, on the 14th of July, issued his proc- 
 lamation for the extra session, held at Detroit, September 1, 
 1834. 
 
180 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 Resolutions were adopted, declaring the right of the in- 
 habitants under the Ordinance of 1787 to form a state 
 government bounded on the south by an east and west 
 line, through the southern bend or extreme of Lake Michi- 
 gan, and requesting the state of Virginia to require of the 
 government of the United States a strict compliance with 
 the Ordinance of 1787. 
 
 On the Gth of September, 1834, an act was passed entitled 
 "An Act to establish the boundaries of the counties of 
 Brown and Iowa, and to lay off the county of Milwaukee." 
 The act was as follows: 
 
 "Section 1. That all that district of country bounded north by the county of Michili- 
 macinac, west by the Wisconsin river, south by the line between townships eleven and 
 twelve north in the Green Bay land district, and east by a line drawn due north, through 
 the middle of Lake Michigan, untU it strikes the southern boundary of the county of Mich- 
 ilimacinac, shall constitute the county of Brown. 
 
 Section 2. All that district of country bounded north by the middle of the Wisconsin 
 river, west by the Mississippi, south by the north boundary of Illinois, and east by the 
 principal meridian dividing the Green Bay and Wisconsin land district (this was the range 
 line between ranges eight and nine east) shall constitute the coxmty of Iowa. 
 
 Section 3. All that district of country bounded north by the county of Brown, east by 
 the eastern boundary of Illinois extended, south by the state of Illinois and west by the 
 county of Iowa, shall constitute the county of Milwaukie. 
 
 Section 4. The county of Milwaukie is hereby attached to the county of Bi-own for ju- 
 dicial purposes." 
 
 It remained attached to Brown county, until August 25, 
 1835, when an act was passed giving it an independent 
 organization. 
 
 Another act was passed, by which all of the territory west 
 of the Mississippi river, which had been attached to Michi- 
 gan Territory by act of Congress approved June 28, 1834, 
 was divided into two counties which were laid out and or- 
 ganized; the northern one by the name of Dubuque, and 
 the southern one by the name of Demoine. 
 
 The division line between the two counties was 
 
 "A line to be drawn due west from the lower end of Rock Island to the Missouri river." 
 
 The sixth section of the act provided that 
 
 "Process, civil and criminal, issued by the Circuit Court of the United States for the 
 county of Iowa, shall run into all parts of said counties of Dubuque and Demoine. That 
 writs of error shall lie from the Circuit Court for the comity of Iowa to the County Courts 
 established by this act." 
 
 It was provided by an act approved September 6, 1834, 
 that a census of the inhabitants of the territory east of the 
 Mississippi river, should be taken by the sheriffs of the 
 
LEGISLATION PREVIOUS TO 1835. 181 
 
 several counties, between the second Monday of October, 
 and the first Monday of November, 1834. 
 
 The first act incorporating a bank west of Lake Michigan 
 was passed January 23, 1835, the title of which was "An act 
 to incorporate the stockholders of the Bank of Wisconsin." 
 
 The act provided that a bank should be established in the 
 county of Brown or Iowa, at such place as a majority of the 
 stockholders should determine; the capital stock whereof 
 should be $100,000, in shares of $50 each. Subscriptions to- 
 ward the stock were to be opened at Green Bay and Mineral 
 Point, of which two months' notice was to be given in 
 a newspaper printed at Detroit, under the superintendence 
 of John D. Ansley, John P. Arndt, Charles Tullar, Will- 
 iam Dickinson, George D. Ruggles, Henry Merrill, and 
 Nathan Goodell. 
 
 The bank was put in operation at Green Bay, and had a 
 history, which will be adverted to in subsequent pages. 
 
 A dam across Fox river at the head of a rapid in said 
 river, called the Rapide des Peres, was, by an act approved 
 January 26, 1835, authorized to be built by William Dick- 
 inson, Charles Tullar and John P. Arndt. The dam was 
 subsequently built, and the village of Des Peres grew up at 
 that point. 
 
 The first effective step toward the formation of a State 
 government in Michigan was taken January 26, 1835, by an 
 act of the Legislative Council approved that day, entitled 
 "An act to enable the people of Michigan to form a consti- 
 tution and State government." 
 
 The Territory as established by the act of Congress, en- 
 titled "An act to divide Indiana Territory into two separate 
 governments," approved January 11, 1805, was by the act 
 divided into sixteen districts, among which were appor- 
 tioned eighty-nine delegates, to be elected by the several 
 districts on the 4th day of April, 1835. 
 
 The delegates were elected April 4, 1835, and were to meet 
 at the capitol, in the city of Detroit, on the second Monday 
 of May, 1835. 
 
 There w^ere eighty-seven delegates, and as political par- 
 ties were then divided, there were about seven eighths Dem- 
 ocrats and one eighth Whigs. John Biddle, who had 
 previously been delegate in Congress, was president of the 
 convention. 
 
 The constitution was adopted by a vote of the people in 
 
182 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 October, 1835, there being G,^09 yeas and 1,359 nays. It re- 
 mained in force as the fundamental law of the State until 
 the constitution of 1850 went into operation. 
 
 On the 11th day of July, Secretary and Acting Governor 
 Stevens T. Mason issued his proclamation for a special ses- 
 sion of the Legislative Council at Detroit on the 17th day of 
 August, 1835. No reason for this session was assigned in 
 the proclamation, except that — 
 
 " Matters of import involving the rights and Interests of the Territory require the con- 
 sideration of the Legislative Council."' 
 
 The Council met at the time named in the proclamation, 
 James D. Doty being the sole representative of that part of 
 the Territory west of Lake Michigan. It was disclosed by 
 the message of the Acting Governor that the principal 
 "matter of import" was the southern boundary controversy 
 with Ohio. Some other matters, however, received the at- 
 tention of the Council. Of those affecting Wisconsin were 
 the following: 
 
 An act changing the time of electing delegate to Congress 
 and members of the Council from the first Monday of No- 
 vember to the first Monday of October, and changing the 
 officers who were to canvass the votes for delegate to Con- 
 gress and certify the result. 
 
 An act to organize the county of Milwaukee; and an act 
 to incorporate the Wisconsin Internal Improvement Com- 
 pany. This related to the Fox and Wisconsin rivers. 
 
 The Council was in session only about ten days. 
 
 The following appointments for the newly-organized 
 county of Milwaukee were made by the Governor and 
 Council: 
 
 Chief Justice, William Clark; Associate Justices, Joel 
 Sage and James Griffin; County Clerk, Albert Fowler; 
 Sheriff, Benoni Finch; Judge of Probate, Gilbert Knapp; 
 Justices of the Peace, Benjamin Finch, John Bullen, Jr., 
 William See, Joel Sage, Symmes Butler, Henry Sander- 
 son, and William Clark. 
 
 The laws of the Territory of Michigan, so far as the same 
 were applicable to the counties of Brown, Crawford, Iowa, 
 and Milwaukee, were the laws governing those coun- 
 ties from the time they were respectively organized 
 until they were altered or repealed by the Legislative As- 
 sembly of Wisconsin after its organization on the 4th of 
 July, 1836. 
 
LEGISLATION PREVIOUS TO 1S35. 183 
 
 And after that time the laws of Michigan, not incompat- 
 ible with the organic act of Wisconsin Territory, were 
 extended over it, subject to alteration, modification, or re- 
 peal. 
 
 The most important of these laws were those affecting the 
 rights of persons and property. 
 
 The judicial system of Michigan Territory consisted of a 
 Supreme Court, Circuit Courts, County Courts, Probate 
 Courts, and justices of the peace. 
 
 The Supreme Court consisted of three judges appointed 
 by the President of the United States. 
 
 This court had original and exclusive jurisdiction in all 
 civil actions at law, where the matter in controversy ex- 
 ceeded one thousand dollars; all cases of divorce, all actions 
 of ejectment, all criminal cases wdien the punishment was 
 capital, and of all cases not made cognizable before some 
 other court. It had concurrent jurisdiction with the county 
 court of all other crimes and offenses; and appellate juris- 
 diction from the county courts in all civil cases in which 
 those courts had original jurisdiction. 
 
 The Supreme Court had power to issue writs of habeas 
 corpus, mandamus, prohibition, error, supersedeas, proce- 
 dendo, certiorari, scire facias, and all other writs which 
 might be necessary to enforce the administration of right 
 and justice. It held one term annually at Detroit on the 
 third Monday in September. 
 
 The laws prescribed with much particularity the mode of 
 proceeding and the practice in the court, and clothed it with 
 all authority essential to the complete and effective exercise 
 of its judicial powers. 
 
 In 1825 the Territory, except the counties of Brown, Craw- 
 ford and Michilimacinac was divided into five circuits, and 
 one of the judges of the supreme court was required to hold 
 a circuit court in each circuit. But the act of Congress 
 passed in 1823, by which an additional judge for the Michi- 
 gan Territory was required to be appointed for the counties 
 of Brown, Crawford and Michilimacinac, rendered it unnec- 
 essary, if not incongruous that the circuit court system of 
 eastern Michigan, should be extanded to these counties, 
 and they were therefor excepted from the operation of the 
 circuit court system established in 1825. 
 
 The county court system of jurisprudence, although it 
 had previously existed, was revised and re-organized by an 
 
184 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 act of the Governor and judges adopted on the 21st of 
 December, 1820. 
 
 It was provided by this act that a court should be estab- 
 lished in every county of the Territory, to consist of one 
 chief justice and two associate justices, any two of whom 
 should form a quorum. It had original jurisdiction in all 
 civil cases where the matter in controversy was not within 
 the jurisdiction of a justice of the peace, and did not exceed 
 the sum of one thousand dollars; and appellate jurisdiction 
 from any judgment or decision of justices of the peace. It 
 also had cognizance of all crimes and offenses the punish- 
 ment whereof is not capital, concurrent with the Supreme 
 Court. 
 
 It is, however, to be borne in mind, that in the counties of 
 Michilimacinac, Brown and Crawford, and subsequently in 
 Iowa and Milwaukee counties, the additional judge for 
 those counties was substituted for the Supreme Court. 
 
 Clerks of the County Court were appointed by the Gov- 
 ernor. 
 
 The terms of the court were limited to two weeks. 
 
 The practice, pleadings and proceedings in the court were 
 most minutely provided for by the act; even to the extent 
 of providing that paper instead of parchment should be 
 used in all proceedings in the court. 
 
 An act passed April 21, 1825, provided that the county court 
 in Brown county should be held on the second Monday in 
 January, and in Crawford county on the second Monday in 
 May. 
 
 By an act approved April 12, 1827, it was provided that 
 the county courts should have jurisdiction in all matters 
 properly cognizable in chancery, where the sum or matter 
 in dispute does not exceed one thousand dollars, with a 
 right of appeal in all cases. 
 
 The probate court consisted of a judge in each county, 
 appointed by the Governor, and possessed the power and 
 jurisdiction ordinarily exercised by probate courts. 
 
 The judicial powers vested in justices of the peace were 
 similar to those ordinarily exercised by like officers, except 
 that they were restricted to matters where the subject in 
 controversy did not exceed one hundred dollars. 
 
 As intimately connected with and essential to the proper 
 administration of justice, suitable provision was made by 
 law in reference to attorneys, the marshal of the Territory, 
 
LEGISLATION PREVIOUS TO 1835. 185 
 
 sheriffs, coroners, constables, grand and petit juries, as 
 well as notaries public, and in relation to the compensation 
 of officers. 
 
 As incidental thereto, proper laws were enacted in refer- 
 ence to amendments and jeoffails, attachments, executions 
 depositions, arbitrations, marriages, divorce, bastardy, wills 
 and intestacies, executors and administrators, settlement and 
 descent of estates, insolvent estates, and guardians as well 
 as to the execution and recording of deeds, fraudulent con- 
 veyances, forcible entry and detainer, partition of lands 
 and surveyors, also providing for the punishment of crimes 
 and the trial of accused persons, and prohibiting gaming. 
 
 The duties of the treasurer of the Territory and county 
 treasurers, and the levying and collection of taxes were all 
 regulated by law. 
 
 Imprisonment for debt not having been abolished, proper 
 laws were passed in relation to poor debtors and their dis- 
 charge. 
 
 The subject of slavery not having been much agitated as 
 early as 1827, an act was passed in that year which pro- 
 vided, that no black or mulatto person should settle or reside 
 in the Territory without a certificate of freedom; and made 
 it a penal offense to harbor or secrete any such person, the 
 propert}" of another, or to hinder or prevent the owner from 
 recapturing him or her. All blacks and mulattoes were re- 
 quired to enter bonds for good behavior, and that they should 
 not become a public charge, as a condition of residence. 
 
 Laws were passed to enforce the observance of the Sab- 
 bath and concerning religious societies, as well as for the 
 establisment of common schools. 
 
 Interest was regulated by law, six per centum being the 
 established lawful rate. 
 
 An organized militia was provided for. 
 
 The support of paupers was provided for by contract with 
 the lowest bidder. 
 
 The appointment of auctioneers was provided for. 
 
 Laws were passed in relation to highways and fences and 
 many other subjects affecting the civil and criminal polity 
 of the Territory. 
 
18G HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 CHAPTER XV. 
 
 WISCONSIN IN A TRANSITION STATE — 1835-G. 
 
 In 1825, to a very limited extent, but more generally in 
 1826, 1827, and 1828, the country known as the Upper Missis- 
 sippi lead mines, as contra-distinguished from the Missouri 
 mines, was occupied in numerous localities by adventurers 
 from every part of the country. This occupancy at first 
 was confined to the immediate vicinity of Galena, but soon 
 extended to Grant, La Fayette, and Iowa counties, and to 
 the western part of Dane and Green counties. It was not, 
 however, until after the " Winnebago war" of 1827, and the 
 Black Hawk war in 1832, and the Indian treaties which 
 were the result, that such a feeling of security attended the 
 inhabitants as was essential to the permanent and secure 
 growth and prosperity of the country. 
 
 By the treaties of Prairie du Chien, of July 29th and Au- 
 gust 1, 1829, and of Rock Island of September 15th and 21st 
 of that year, and of September 21st, 1832, the Indian title to 
 much territory was extinguished, its boundaries defined, the 
 removal of the Indians secured, and occupancy by the 
 whites divested of its hazards. 
 
 Col. William S. Hamilton was a son of Gen. Alexander 
 Hamilton; of Revolutionary fame. He had been engaged 
 in surveying the public lands in Illinois, and in 1825, having 
 entered into a contract to supply the garrison at Fort How- 
 ard with provisions, he left the southern part of Illinois with 
 seveft hundred head of cattle, and proceeded with his whole 
 drove by the way of Chicago, coasting the lake by the 
 mouths of the Milwaukee, Sheboygan and Manitowcc rivers 
 to Green Bay, where he arrived in safety on the 27th of 
 June, without any material loss of his cattle. On reaching 
 Milwaukee he found Solomon Juneau, who had a trading 
 house on the east side of the river, near where Wisconsin 
 street is now laid out. Mr. Juneau was the only civilized 
 human being then living near the lake shore between Chi- 
 cago and Green Bay. Col. Hamilton, in 1828, removed to 
 what is now Wiota, in La Fayette county, where he lived 
 about twenty years, when he removed to California, and 
 died there in ] 851. 
 
WISCONSIN IN A TRANSITION STATE — 1835-6. 18? 
 
 From 1825 to 1830, although the settlements in Wisconsin 
 were limited to those in the lead mines and the older 
 ones near Green Bay and Prairie du Chien, the wants 
 of the people for a nearer local self-government than 
 that provided for Michigan Territory, the seat of which 
 was at Detroit, were seriously felt, and exhibited in 
 numerous ways. Public attention was called to the 
 subject by the inhabitants of Green Bay, and in Feb- 
 ruary, 1839, Gen. Henry Dodge, in behalf of the in- 
 habitants of the lead mines, in a letter to Hon. Austin E, 
 Wing, then delegate in Congress from Michigan Territory, 
 with great force presented the " claims the people have on 
 the National Legislature for a division of the Territory." 
 
 On the Gth of January, 1830, the committee on the Terri- 
 tories in the House, reported "A Bill establishing the Terri- 
 tory of Huron," It was bounded southwardly by the states 
 of Illinois and Missouri; westwardly by the Missouri river 
 and the White Earth river; northwardly by the northern 
 boundary of the United States and eastwardly 
 
 "By a. line running from the nortlieast corner of the state of Illinois, down Lake Micliigan 
 east of the Fox and Beaver islands, through the straits to the soutliern extremity of 
 Bois Blanc island and south of said island, thence due east to the boundary of the United 
 States in Lake Huron." 
 
 This boundary would have cut off from the Territory of 
 Michigan, and perhaps the future state, all of its upper pen- 
 insula on Lake Superior, the Sault St. Marie and even the 
 island of Mackinac. 
 
 The bill vested the legislative power of the Territory in 
 the Governor and a Legislative Council to consist of five per- 
 sons, one from each of the counties of Brown, Crawford, 
 Iowa, Chippewa and Michilimacinac. 
 
 The bill provided that the seat of government of the Ter- 
 ritory should be established at the village of Munnomonee on 
 the Fox river, but subject to be changed by the Governor 
 and Legislative Council with the approbation of Congress. 
 Ten thousand acres of land to be located by the Governor, 
 below the Grand Kau-kau-nah on the said river were given 
 to the Territory to defray the expenses of erecting public 
 buildings at the seat of government. 
 
 The bill did not become a law and Michigan Territory for 
 the time being remained intact. 
 
 In 1831 a bill to create a new Territory in the western 
 part of Michigan passed the House of Representatives, but 
 
188 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 did not pass the Senate. In 1832 another bill for the same 
 purpose was reported in the House and remained over 
 among the unfinished business. In October of that year 
 under authority of an act of the Legislative Council, a vote 
 of the inhabitants was taken in favor of the formation of a 
 state government for Michigan. 
 
 On the 14th of December, 1833, at a public meeting at 
 Green Bay, resolutions were adopted in favor of a new Ter- 
 ritory, and a memorial to Congress for its creation was pre- 
 pared and presented. 
 
 Jealousy existed between the people of the mines and 
 those of the Green Bay country, as to the location of the 
 seat of government; whether it should be at Mineral Point 
 or near Green Bay. This jealousy was one of the causes 
 which had previously prevented the passage of either of 
 the bills on this subject. 
 
 On the 14th of February, 1834, a bill establishing the Ter- 
 ritory of Wisconsin, by which the location of the seat of 
 government was left to the decision of the Governor and Leg- 
 islative Council was reported in the Senate. This bill did not 
 pass, but instead of it the act of June 28, 1834, was passed, 
 which, by attaching to the Territory of Michigan all the ter- 
 ritory of the United States west of the Mississippi River 
 and north of the State of Missouri, increased the necessity 
 for a new territorial government. 
 
 On the loth of June, 1836, Congress provided by an act 
 for that purpose for the admission of Michigan as a state 
 in the Union, upon certain conditions contained in the act, 
 relating chiefly to its boundaries, but in consequence of the 
 difficulties existing and arising out of the boundary ques- 
 tions, Michigan was not admitted as a state until January 
 26, 1837. 
 
 With the exception of some private land claims at and 
 near Green Bay and Prairie du Chien, which had been con- 
 firmed by the general government, none of the public lands 
 within the limits of Wisconsin had previous to 1834 been 
 disposed of. By an act of Congress approved June 26, 1834, 
 it was enacted that 
 
 "All that tract north of the State of Dlinois, west of Lake Michigan, south and south- 
 east of the Wisconsin and Fox Rivers, included in the present Territory of Michigan, 
 shall be divided by a north and south line drawn from the northern boundary of Illinois 
 along the range of township line next west of Fort Winnebago, to the Wisconsin River, 
 and be called, the one on the west side the Wisconsin, and that on the east side the Green 
 Bay land districts." 
 
WISCONSIN IN A TRANSITION STATE — 1835-6. 189 
 
 Two years later, the Green Bay district was 
 
 'Divided by a line commencing on the western boundary of said district, and running 
 thence east, between townships ten and eleven, to the line between ranges seventeen 
 and eighteen east; thence north to the line between townshijis tu-elve and thirteen; thence 
 east to Lake Bliehigan," 
 
 and the country south of this hne was called the Milwaukee 
 land district. Some of the public domain had been sur- 
 veyed previous to 1834 and the surveys were afterwards 
 rapidly prosecuted, and the permanent ownership of the 
 country speedily passed from the government to individ- 
 uals, and settlements extended in every direction. 
 
 To provide for the election of a delegate to Congress and 
 members of the Legislative Council in that portion of the 
 Territory of Michigan not embraced within the limits of the 
 state of Michigan, in the contingency that the constitution 
 to be framed for the state should not take effect previous to 
 the first day of November, 1835, an act was passed on the 
 30th of March, 1835, which provided that the election of a 
 delegate to Congress and members of the Legislative Coun- 
 cil, should be postponed until the first Monday of Novem- 
 ber, 1835, on which day it should be held, provided that if 
 the constitution to be framed for the state should not take 
 effect previous to that day, it should be the duty of the 
 Governor to fix the time of holding said election by procla- 
 mation on such day as he might deem expedient subsequent 
 to the taking effect of said constitution. 
 
 The previous acts of the Territory regulating elections 
 were declared to be applicable to the elections provided for 
 by this act, and it was made the duty of the governor to 
 make such apportionment of the members of the Legislative 
 Council to the several counties in the district not embraced 
 in the state, as he might deem expedient. The Legislative 
 Council was to meet at such time and place as the Governor 
 by proclamation might appoint. 
 
 The act also provided for the contingency that a constitu- 
 tion should not be adopted, so as to enable the people of 
 Michigan to enjoy the benefits of state government pre- 
 vious to January 1, ISoG; in which case the provisions of 
 the act for a meeting of the Legislative Council in that dis- 
 trict of the Territory not within the State, and for the 
 election of members thereto, were to be nugatory; and it 
 was made the duty of the governor in that event by proc- 
 lamation to apportion the members which the several dis- 
 tricts east of Lake Michigan are entitled to elect, to the 
 
190 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 said districts respectively in proportion to population as 
 ascertained by the census in the year 1834, and the counties 
 in the seventh district lying east of the principal meridian 
 should be entitled to one member at the session which 
 should commence at Detroit on the 1st Monday of January, 
 1836. 
 
 By another provision of this act it was declared that all 
 laws which might be in force on the 1st day of May, 1835, 
 and not locally inapplicable to the district of the Territory 
 not embraced within the state, should be and continue in 
 full force and effect in said district after said first day of 
 May. 
 
 At the session of the Legislative Council of the Territory 
 of Michigan, held at Detroit on the 17th of August, 1835, 
 Stevens T. Mason, Secretary and acting Governor, in his 
 message, referring to the act of March 30, 1835, said 
 
 " The anticipated contingency will arise by the organization of the contemplated state 
 government in November next. The general law regulating these elections requires the 
 returns of elections to be made to the secretary of the Territory who with the attorney 
 general and treasurer, constitutes the board of canvassers, who are authorized to give a 
 certificate of election to the delegate elect. The election, however, occurring before 
 the appointment of th=se officers under the territorial government of Wisconsin, it will be 
 necessary to create some other board of canvassers to meet the emergency and to em 
 power them to issue a certificate of election. Such an amendment of the act of March 
 30, 1635, is respectfully suggested for your consideration." 
 
 In accordance with this suggestion of the Governor, an 
 act was passed on the 22d of August, fixing the first Mon- 
 day of October as the time for holding the election of dele- 
 gate to Congress and members of the Legislative Council. 
 
 The act also changed the mode of canvassing, by provid- 
 ing that the returns from the other counties west of Lake 
 Michigan should be made to the clerk of the county of 
 Brown, who should make return thereof to the clerk of the 
 Supreme Court of the Territory, at Detroit. 
 
 In pursuance of the act of March 30, 1835, as thus 
 amended. Secretary and acting Governor Mason issued a 
 proclamation, bearing date August 25, 1835, making a new 
 apportionment of — 
 
 " The members of the Legislative Coimcil to the several counties in that district of coun- 
 try, not embraced within the limits of the State of Michigan." It was proclaimed that — 
 
 " The counties of Brown and Milwaukee shall constitute the first district, and shall be 
 entitled to elective members of the Legislative Council. 
 
 " The county of Iowa shall constitute the second district, and shall be entitled to elect 
 ■three members. 
 
WISCONSIN IN A TRxVNSITION STATE — 1835-6. 191 
 
 " The county of Crawford shall constitute the third district, and shall be entitled to elect 
 </)te member. 
 
 " The county of Dubuque shall constitute the fourth district, and shall be entitled to 
 elect two members. 
 
 "The county of Demoine shall constitute the fifth district, and shall be entitled to elect 
 ■two members." 
 
 The proclamation also contained the following : 
 
 " And I do further appoint Friday, the 1st day of January, next, for the meeting of the 
 said Legislative Council; and the members thereof are hereby required to convene on that 
 day at Green Bay, in the county of Brown, or such other place as may be hereafter directed 
 by law, in order to proceed in the execution of their official duties." 
 
 Peninsular Michigan had adopted a State constitution and 
 formed a State government, with all its branches — execu- 
 tive, legislative, and judicial — ready to discharge their 
 several official functions; and although it was not admitted 
 into the Union until January, 1837, in consequence of its 
 boundary troubles, yet it chose to abandon its Territorial 
 form of government and assume the powers of a sovereign 
 State, as it clearly had a right to under the ordinance of 
 1787. A State in the Union if the difficulties with the State 
 of Ohio could be satisfactorily settled — at all events a State. 
 
 That portion.of Michigan Territory not within the limits 
 of the new State of Michigan, still remained vested with all 
 the governmental powers of the Territory of Michigan, 
 which embraced the powers of electing a delegate to Con- 
 gress, and a Legislative Council of thirteen members. 
 
 Stevens T. Mason continued to remain Secretary of the 
 Territory of Michigan, and e.v-officio acting Governor until 
 his election as Governor of the State of Michigan, when 
 John S. Horner was appointed by the President of the 
 United States as his successor. 
 
 The '' contingent remainder" of the ancient Territory of 
 Michigan consisted of the counties of Brown, Milwaukee, 
 Iowa, Crawford, Dubuque^ and Des Moines, containing a 
 population probably not exceeding fifteen thousand. 
 
 Everything was now in readiness for the inhabitants of 
 these counties to elect from among themselves a delegate to 
 Congress, and to assume to themselves the legislative pow- 
 ers of the government of the Territory of Michigan. A very 
 lively interest in the elections existed throughout these 
 counties, especially in Brown, Iowa, and Dubuque. Al- 
 though great interest in the election of members of the Ter- 
 ritorial Council existed, the overshadowing interest and 
 excitement was in the election of delegate. 
 
192 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 Gen. Jackson was then President of the United States, 
 and democracy was supposed to be very largely predomi- 
 nant in all the counties. 
 
 The friends of James Duane Doty were the first in the 
 field. As early as the 19th of May, 1835, "a large and gen- 
 eral meeting of the democratic republicans" was held at 
 Green Bay, which determined to organize the democratic 
 party, and for that purpose appointed a committee to call a 
 general meeting at a future day. 
 
 On the 28th of May the committee issued a call for such a 
 meeting, to be held on the 10th of June. At that time a 
 meeting was held, at which James Duane Doty was unani- 
 mously nominated as the democratic candidate for delegate 
 to Congress. 
 
 The meeting declared, that 
 
 "In the life and service of the Hon. J. D. Doty, this meeting finds abundant g^uaranties 
 that in the future he will not abandon the principles he has hitherto advocated. " 
 
 Soon after the nomination of Judge Doty, a number of 
 the citizens of Brown county, made a call upon Morgan L. 
 Martin, of Green Bay, to become a Democratic candidate 
 for delegate wliich call he accepted and was announced as a 
 candidate. 
 
 In pursuance of a call previously published in the Galena 
 newspapers (there were no others in the lead mines), a 
 meeting of the citizens of Iowa county was held at Mineral 
 Point on the 23d day of May, at which George Wallace 
 Jones was nominated as a candidate for delegate. The 
 meeting did not profess to be representative of any political 
 party. The resolutions which were adopted, however, one 
 of which nominated General Jones, were introduced by 
 Augustus C. Dodge, who prided himself upon his democ- 
 racy, as it was well known that General Jones did. 
 
 The following also appeared in a Galena paper: 
 
 "We are authorized to announce Hon. David Irvtn of Green Bay as the Jackson candi- 
 date for Delegate to Congress from the Territory of Michiga,n.— Many voters." 
 
 It was denied that this announcement was with Judge 
 Ievin's sanction. At any rate he received but few votes. 
 
 The nomination of Col. Geo. W. Jones was ratified by a 
 very large meeting held at Dubuque. 
 
 Thomas Pendleton Burnett of Prairie du Chien was 
 nominated as a candidate for the Legislative Council at the 
 Mineral Point meeting of May 23d, at which General Jones 
 was nominated. Subsequently Mr. Burnett was nomi- 
 
WISCONSIN IN A TRANSITION STATE — 1835-6. 193 
 
 nated as candidate for Delegate by a large number of the 
 citizens of Iowa county. On the 15th of September, Mr. 
 Burnett published in the Galena papers a card, in which 
 he accepted the position as a candidate for the Legislative 
 Council and refused to be a candidate for Delegate. 
 
 Notwithstanding the action of the Legislative Council of 
 Michigan Territory, of the acting Governor and of the peo- 
 ple there was an insignificant minority within the new 
 state of Michigan, who persisted in the exercise of what 
 they claimed to be their rights as citizens of the Territory 
 of Michigan. 
 
 William Woodbridge was the candidate for delegate of 
 this minority. 
 
 At the time of the election the principal candidates for 
 the delegacy were James Duane Doty and Morgan Lewis 
 Martin of Green Bay; George Wallace Jones of Iowa 
 county and William Woodbridge of Detroit, all professing 
 to be democrats. The result was that George W. Jones 
 was elected. 
 
 For members of the Legislative Council there were rival 
 candidates in most of the counties, and the election excited 
 great interest. The result was that the following members 
 were elected: 
 
 Broivn and Milwaukee: John Lawe and Wm. B. Slaugh- 
 ter of Brown county; George H. Walker, Gilbert Knapp 
 and Benjamin H. Edgerton of Milwaukee county. 
 
 Iowa: Wm. S. Hamilton^ James R Vineyard and Robert 
 C. Hoard. 
 
 Crawford: Thomas P. Burnett. 
 
 Dubuque: Allen Hill and John Parker. 
 
 Demoine: Joseph B. Teas and Jeremiah Smith. 
 
 After the election the newly appointed secretary, John S. 
 Horner, successor of Gov. Mason, thought it proper to 
 issue a proclamation as secretary and acting governor, 
 which was a cause of great confusion and misunder- 
 standing and resulted in an abortive session of the Legisla- 
 tive Council. 
 
 The proclamation '' for divers good causes and considera- 
 tions," changed the time of the meeting of the Legislative 
 Council from the first day of January, 183G, to the first day 
 of December, 1835. The proclamation was dated the ninth 
 day of November, only twenty-one days before the time 
 fixed in it for the meeting. From the nature of the coun- 
 1? 
 
194 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 try, the season of the year, the tardy and uncertain move- 
 32ients of the mails, it was impossible for the members to 
 receive the necessary information to reach Green Bay by 
 the time fixed in the proclamation. The members from 
 Des Moines did not learn of the change of time until they 
 arrived at Galena about the 20th of December, v^hen on their 
 vs^ay to Green Bay to attend the session on the 1st of Janu- 
 ary. 
 
 This action of Secretary Horner evoked severe criticism 
 of the people and the press, and gave to the Legislative 
 Council, at the January session, a theme for severe anim- 
 adversion. 
 
 None of the members-elect w^ent to (jreen Bay on the first 
 of December, nor did Secretary Horner go there, and if his 
 proclamation was intended to prevent a session at that time, 
 it was a complete success. 
 
 On Friday, the 1st day of January, 1836, a quorum of the 
 members-elect of the Seventh Legislative Council met at 
 Green Bay, and organized temporarily by electing Joseph 
 B. Teas, President pro tern.; A. G. Ellis, Secretary j)?*o tern.; 
 and Levi Sterling, Sergeant-at- Arms pro tern. 
 
 A committee was appointed which examined and reported 
 upon the credentials. The oath of office was administered 
 to the members present by the Secretary pro tern., acting in 
 his capacity as justice of the peace of Brown county. 
 
 Nine members were present — Messrs. Lav^e, Slaughter, 
 Knapp, Edgerton, Hamilton, Vineyard, Burnett, Teas, 
 and Smith. The absentees wore : Messrs. Walker, of Mil- 
 waukee, Hoard, of Iowa, and Hill and Parker, of 
 Dubuque. 
 
 The first business of the second day was the election of 
 permanent officers. Col. William S. Hamilton was elected 
 President, having received eight out of the nine votes. The 
 President-elect, in returning his acknowledgments for the 
 honor, referred to — 
 
 " The delicate relations we bear to the General Government, and to the Peninsula; the 
 numerous and varied interests of our country ; its rapidly increasing population, and our 
 own peculiar political existence," 
 
 and counselled the exercise of moderation and caution, at 
 the same time firmness. 
 
 Messrs. Ellis and Sterling were elected to fill perma- 
 nently the offices to which they had been temporarily 
 elected, and Thomas A. B. Boyd, William B. Long, W. H. 
 
WISCONSIN IN A TRANSITION STATE — 1835-6. 195 
 
 Bruce, Charles Green, and George W. Lawe were elected 
 to subordinate offices. 
 
 Messrs. Burnett and Knapp were appointed a committee 
 to wait on John S. Horner, Secretary and acting Governor, 
 and inform him that the Council was organized and ready 
 to receive any communication he might have to make. 
 
 At the next session, January 4th, the committee reported 
 that the}^ had not been able to perform the duty assigned 
 them in consequence of the absence of the acting Governor 
 from Green Bay. That they had not been able to ascertain 
 whether he would arrive, nor did they know of any reason- 
 able apology for his absence^ except a communication dated 
 at Detroit, December 14th, published in a Green Bay paper, 
 v/hich seemed to bear the sanction of his authority, and 
 which the committee submitted with their report. 
 
 The substance of the communication is that — 
 
 " No returns of the. Wisconsin election (for delegate) have as yet been furnished to the 
 clerk of tlie Supreme Court, at Detroit, according to law. Upon a lean vote of 730 in the 
 Peninsula, Wilijam Woodbridge, Esq., has demanded the certificate of election as dele- 
 gate. 
 
 '' Being satisfied from inofficial, though credible, evidence, that the Wisconsin delegate 
 has received a greater number of votes, the returns of which are now, from some unkno^vn 
 cause, outstandmg, the acting Governor has hitherto declined giving a certificate to Mr. 
 WooDBRiDGE, Until the receipt of the Wisconsin poll. 
 
 "The people of Wisconsin will at once perceive the necessity of the Acting Governor's 
 remaining at Detroit until the delegate-elect is furnished with his certificate. 
 
 "He deems it of vital interest to them that George W. Jones, Esq., their delegate, 
 should obtain his seat in Congress at the earliest day practicable. It is decidedly more 
 impor-tant, in his opinion, to Wisconsin, that she should at this particular crisis be repre- 
 sented in Congress than that there should be a session of the Legislative Council." 
 
 On the same day Mr. Burnett offered a resolution 
 
 "That a committee of three be appointed to inquire into the obstructions whicli prevent 
 the Council from proceeding in the regular course of legislation, to the enactment of laws 
 for the good government of the Territory, with instructions to report by resolution or 
 otherwise." 
 
 Subsequently, on the Gth of January, the resolution was 
 adopted and Messrs. Burnett, Teas and Edgerton ap- 
 pointed the committee. 
 
 On the 8th of January, the committee submitted a unani- 
 mous report, which, after considering the evils endured by 
 the inhabitants of that portion of Michigan Territory west 
 of Lake Michigan for many years, during which time they 
 were ruled "rather as a distant colony than as an integral 
 portion of the same government," and commenting upon 
 the satisfaction with which they regarded the prospect of a 
 
196 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 session of a Legislative Council composed exclusively of 
 representatives elected by the several counties in that por- 
 tion of the Territory, refers to the proclamation of Acting 
 Governor Mason, appointing the 1st day of January, for the 
 assembling at Green Bay of the Legislative Council. The 
 report states that the regular and extra sessions of the Coun- 
 cil of 1835 had consumed the whole sixty days, which it is 
 authorized by law to sit, during any one year, so that the 
 Council could not lawfully hold another session during 
 the year 1835, and that Acting Governor Mason in naming 
 the 1st day of January, 1836, appointed the earliest day at 
 which the Council could by law commence a session. 
 
 The report characterizes the proclamation of Acting Gov- 
 ernor HoRNEE directing the Council to assemble on the 1st 
 of December 
 
 "As most unwise iu its character, and one that could not have been adopted by a man 
 who had any correct knowledge of the laws of the land and the circumstances of the coun- 
 try and who felt the least regard for the rights and interests of the people." * * * * "The 
 proclamation was wholly nugatory, and only exhibited the folly of attempting that which 
 the executive had no jiower to perform." 
 
 It was impossible for the members to meet on the 1st of 
 December, ahd the report continues 
 
 "The members of the Council very justly disregarded this proclamation and assembled 
 and organized on the 1st day of January, 1836, and have been met by a letter written by 
 authority of the Acting Governor to a newspaper editor, in which he tells the people of the 
 country that he considers it a matter of more importance that they should be represented 
 in Congress than that the Legislative Council should assemble, and that he is remaining at 
 Detroit for the purpose of giving to the Delegate elect a certificate of his election." 
 
 The extra session of the Council 
 
 "Passed a law making it the duty of the County Clerks to forward the returns of that 
 election to the Clerk of the Supreme Couit, who should give a certificate of the whole vote 
 given ; so that whether the returns had been made in due time or not, his excellency had no 
 lawful business with the subject, and his apology intended to excuse his absence, appears 
 to the committee to be frivolous and insufficient. And the committee can not forbear to 
 remark the extraordinary circumstance, of the Governor tendering such an apology to the 
 editor of a newspaper instead of the Legislative body which he had called upon to meet 
 him at Green Bay. As a co-ordinate branch of the government, without whose presence 
 and sanction no law can be passed for the benefit of the people, it is a matter of unfeigned 
 regret that the executive officer for no better reasons, determined to remain at Detroit and 
 dissappoint all hope of benefit from the present session of the Council." 
 
 " The Acting Governor seems to have failed in every legal measure proper, to continue 
 and carry on the operations of the Territorial government for the benefit of the people. 
 He himself remains with all the records, books and documents belonging to the executive 
 office, within the bounds and jurisdiction of another state, where the laws of the Territory 
 are no longer regarded." 
 
 " In the absence of the Governor the Council can do nothing more than to adopt such 
 resolutions, memorials, etc., as the circumstances and situation of the country require. 
 
WISCONSIN IN A TRANSITION STATE — 1835-6. 197 
 
 Having; done this, they will have exerted the extent of their povrer, and the responsibility 
 of having dene nothing more will not rest upon them. That responsibility, weighty and 
 serious as it is, will be thrown where it ought to be, upon the Acting Governor of the 
 Territory: and the committee consider that the Council would not be true to the high trust 
 reposed in it, if it did not represent the facts, and in the name of the people, request the 
 President of the United States to relieve the country from the authority of a man who 
 seems to be only calculated to bring evil upon it. Entertaining this opinion, the com- 
 mittee would respectfully submit to the Council tlie following preamble and resolution 
 which they recommend for its adoption." 
 
 Omitting the preamble, the substance of which is con- 
 tained in the report, the resolutions declare 
 
 "That John S. Horner, Secretary and Acting Governor of the Territory, has forfeited all 
 just claims to the confidence of the people, and from his incapacity and disregard of his 
 ofBcial obligations and duties to the country, he is, in the opinion of this Council, unworthy 
 of the high office which he fills. 
 
 "That the President of the United States be and is hereby requested in behalf of the 
 people of the Territory, to revolve the commission of the said John S. Horner, and to 
 appoint some other person better qualified to fulfill the duties of the ofBee." 
 
 The resolutions were immediately considered in com- 
 mittee of the whole and debated at great length by Mr. 
 Slaughter in opposition and Messrs. Burnett and Hamil- 
 ton in favor, when they were adopted by a vote of 8 to 1. 
 
 The resolutions had no effect upon General Jackson. The 
 expressed wishes of Horner's wife having, it was said, 
 more weight with " Old Hickory " than any resolutions the 
 Legislative Council could adopt. 
 
 George H. Walker, of Milwaukee, one of the members 
 elect of the Council who did not attend the session, pub- 
 lished in the Chicago American, about the first of Febru- 
 airy,the following communication: 
 
 " Having just seen a copy of the proceedings of the Legislative Council of Michigan 
 Territory, I perceive that the Council have passed strong censures on J. S. Horner. Acting 
 Governor and Secretary of said Territory. 
 
 In justice to Gov. Horner, I feel it my duty to state my belief of his intention to have 
 gone to Green Bay, for on my passing through Detroit, Mr. Horner communicated to me 
 his intention of meeting the Council as soon as possible. He tuen expressed a desire that I 
 should remain if convenient at Chicago or Milwaukee until his arrival. I have accord- 
 ingly remained here in the dailj- expectation of seeing him, and with the design of afford- 
 ing him such facilities on the route as my knowledge of the country would afford, but have 
 just learned of a gentleman from Detroit that Gov. H. has been prevented from coming on 
 by sickness which no human ingenuity could foresee 
 
 These observations I make public, not with a view to throw the least blame on the 
 
 council for passing a vote of censure. For, had I taken my place at the Council, I would 
 
 have added my own vote to their resolutions, having no other information than such as 
 
 was before them; but lam desirous that all the facts should be known, so that the citizens 
 
 of the Territory may be able to view impartially the explanation which Governor Horner 
 
 will undoubtedly feel it his duty to make. Respectfully, 
 
 Your Obedient Servant, 
 Georoe H. Walker." 
 
198 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 It is not known that Acting Governor Hokneh ever pub- 
 lished any explanation. 
 
 A select committee was appointed by resolution to pre- 
 pare a memorial to Congress praying that a separate terri- 
 torial government in the country west of Lake Michigan, 
 commonly called Wisconsin Territory, might be established. 
 
 Mr. Vineyard moved that the committee be instructed 
 
 "To embrace as a part of the wishes of the inhabitants, that the seat of government do 
 established on the east bank of the Mississippi Eiver south of the Wisconsin River." 
 
 The resolution and amendment were considered in com- 
 mittee of the whole, where Mr. Hamilton (Pres't) moved 
 to strike out all after the word " established " and insert the 
 words "at Cassville." 
 
 The location of the seat of government for the Territory 
 had, ever since the prospect of an independent teri-itorial 
 government seemed favorable, excited more interest among 
 the few and widely separated communities for which it was 
 intended, than any other, and this interest did not cease to 
 exist until some time after the erection of the capitol at 
 Madison. 
 
 The excitement and intensity of this feeling was devel- 
 oped by the introduction of Col. Hamilton's amendment, 
 which elicited an animated discussion conducted, however, 
 in the best of temper. ^ 
 
 Col. Hamilton in describing the natural beauty of the 
 site proposed by him said: 
 
 "Cassville stands on the east bank of the Mississippi surrounded by very pretty scenery. 
 The eye can rest on the soft and soothing, the grand and sublime. There, will be found 
 everything necessary for the promotion of man's comfort, and the exercise of bis 
 energies. In a word nature has done all in her power to make it one of the most delight- 
 ful spots in the 'far West'." 
 
 He described its central location, on the supposition that 
 the new Territory, and the future state to be formed from it 
 would embrace both sides of the Mississippi River, which 
 he argued to be probable in order to preserve 
 
 "The happy balance of power which now exists in the Senate of the United States be- 
 tween the slave and non-slave-holding states, and so long as our land is affected with the 
 evil of slavery, it should be the first wish of every patriot and true American, that this 
 balance of power should never be broken, Divide the proposed Territory into two govern- 
 ments, and the United States will be driven to the necessity of violating its faitli pledged to. 
 the several tribes of Indians they are now removing to the west side of the Mississippi 
 in order to make another government where slavery will be admitted, to balance the two 
 thus created. (Texas had not then been annexed.) Now Blichigan stands opposed to Ar- 
 kansas, and Wisconsin that is to be ere long, will be to Florida." 
 
WISCONSIN IN A TRANSITION STATE — 1835-6. 199 
 
 How mistaken are the predictions of the wisest of politi- 
 cal prophets liable to prove ! Col. Hamilton but gave voice 
 to the general opinion of politicians at that time, and in 
 thirty-one months from the time of this session at Green Bay, 
 Wisconsin Territory was divided, Iowa Territory organized, 
 followed a few years later by the admission of both as 
 states in the Union, and the "happy balance of power," was 
 destroyed forever. 
 
 To return to the debate: Mr. Slaughter opposed the 
 amendment, because it was doubtful whether any new Ter- 
 ritory would be organized, and if organized we did not know 
 what would be its boundaries; and because the late elec- 
 tions were not conducted with reference to this subject, and 
 the Council was incapable of representing the views and 
 wishes of the people upon it. He thought the people the 
 only tribunal competent to judge and decide upon the 
 question. He said he had no local influences to prejudice 
 him; he was opposed equally to all locations, but would 
 place the subject upon the broad principle that it was the 
 people's right and interest, and it should be their privilege 
 to decide it. 
 
 Mr. Burnett said that if 
 
 "Left to him to fix the seat of government and he could feel at liberty to consult his own 
 interests and that of his constituents he would establish it at Prairie du Chieu." 
 
 He described the eligibility and centrality of that point. 
 In reply to Col. Slaughter he said 
 
 "If he should postpone the question until the counties on Lake Michigan should have a 
 majoritj- in the Council it would never be settled. Those counties have now a greater 
 voice liere than they can ever again have upon any equal principle of representation. 
 Look at the number of votes given in the different counties and compare them with the 
 members elected. Brown and Milwaukee with about three himdred votes have elected 
 five members, while Iowa with five huntlred votes has elected but three members. Can the 
 gentleman then in reason expect, that the counties on the Lake will ever have a stronger 
 voice upon this question than they have now ? I think not." 
 
 If that portion of the present state which in 1835 was in 
 the counties of Brown or Milwaukee be called the eastern 
 part, and that which was then a part of Iowa or Crawford 
 be called the western part, it will be found that by the cen- 
 sus of 18S0 the eastern part contained a population of 803,- 
 808, and the western part 511,672. 
 
 The amendment was adopted by a vote of 7 to 2, all the 
 members voting for it except Messrs. Lawe and Slaughter, 
 from Brown county. 
 
 Mr. Slaughter then moved to postpone the resolution in- 
 
'^00 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 definitely, and expressed disappointment at the votes of the 
 members from Milwaukee county. 
 
 Mr. Knapp, in reply, said that he was conscious of having 
 not only acted for the best, but in perfect accord with the 
 wishes of his constituents, whose minds and feelings he be- 
 lieved himself well acquainted with. He believed that the 
 general good was always to be preferred before any private 
 or local consideration. The site proposed was central, and 
 would accommodate the greatest number of the whole; he 
 felt no regrets for voting as he had. 
 
 The motion to postpone was lost, and the resolution as 
 amended was adopted by the same vote as the amendment. 
 
 On the 9th of January Mr. Slaughter, from the commit- 
 tee to which the subject had been referred, reported a 
 memorial to Congress on the subject of a new territorial 
 government. It gave a graphic description of the country 
 west of Lake Michigan and north of the States of Illinois 
 and Missouri, and represented it as being unsurpassed for 
 fertility of soil, salubrity of climate and commercial facili- 
 ties. It represented the population at that time at twenty-five 
 thousand, and predicted that in two years it would have 
 sufficient population to be entitled, under the ordinance of 
 2 787, to admission into the Union as a state. 
 
 It speaks of Cassville as among the most prominent of the 
 several flourishing villages on the banks of the Mississippi 
 river, and recommends it as the most eligible for the seat of 
 government for the proposed Territory. 
 
 It states that — 
 
 "Already have a large portion of our citizens (those west of the Mississippi), upon the 
 trial of one for the murder of another, been adjudged to be beyond the jurisdiction of 
 the courts of the United States. ************ 
 
 "That ten or twelve thousand freemen, citizens of the United States, living within its 
 territory, should be unprotected in their lives and their property by its courts of civil and 
 criminal jui-isdiction is an anomaly unparalleled in the annals of republican legislation." 
 
 It was recommended that twenty-five instead of thirteen 
 members be authorized to be elected to the Legislative 
 Council. 
 
 The extinguishment of the Indian title to, further surveys 
 of, and pre-emption rights upon the public land were favor- 
 ably alluded to in the memorial, in which the Council 
 state — 
 
 " We have deemed it our last and best policy to ask the intervention of the National aid, 
 to give us a new, efficient political existence." 
 
WISCONSIN IN A TRANSITION STATE — 1885-6. 201 
 
 The memorial was immediately considered in committee 
 of the whole, when, on motion of Mr. Hamilton, some 
 amendments were adopted, presenting more prominently the 
 interests of the people west of the Mississippi river, as well 
 also as those of the lead mines. 
 
 The chief interest dev^eloped in the discussion of the 
 memorial was upon an amendment offered by Mr. Burnett, 
 and an amendment thereto offered by Col. Hamilton. 
 
 Mr, Burnett moved to amend the memorial by insert- 
 ing— 
 
 "That in the organization of the Territorial government the offices of Governor 'and 
 Superintendent of InJian Affairs may be separated, and that the people of said Territory 
 be permitted to elect their Governor and Secretary." 
 
 Col. Hamilton moved to strike out all after the word 
 " separated," (the words in italics). 
 
 In support of his amendment to the amendment, Col. 
 Hamilton said : 
 
 "• He had taken this course, not because he did not think the people would act correctly 
 in choosing a proper person to fill this office. AYe are the property of the Government, 
 and it is not reasonable to suppose that they will give up all control of us. If the office is 
 made elective, then all authority of the General Government is at an end, and he thought 
 that by asking that wliich he deemed unreasonable, we were endangering the whole," 
 
 Mr, Burnett, in reply, said : 
 
 " The gentleman says we are the jiroperty of the United States, and they have the right 
 to do with us as they please. I deny the correctness of this doctrine; I never can sub- 
 scribe to its principles. I deny that the people are lawfull3' the subjects of property in any 
 government. The gentleman has referred to the clause in the Constitution, which author- 
 izes Congress to make needful rules and regulations 'respecting the teri-itory and other 
 property of the United States, and says that it is the only constitutional authority for es- 
 tablishing ten-itorial governments; and because the word propertj- is tliere used, in con- 
 junction with territory, the people of the territorj' are the property of the United States. 
 Sir, territory and property never can be made to mean the people. Territory has a geo- 
 graphical meaning and relates to the soil of the country ; but because the United States 
 have the property of the soil, it does not therefore follow that they have H|jlimited juris- 
 diction over the people also. Property and jurisdiction are not co-relevant terms. * * * 
 
 " This country was a part of the confederacy before the adoption of the Constitution. 
 Its rights have never been forfeited. Tliose rights are secured by the ordinance of 1787 
 so firnily that Congress itself can not take them away." 
 
 In his rejoinder, Col. Hamilton said 
 
 " I come not here to engage in phillipics against any individual or to court the people— 
 I came to do my duty. When the gentleman denies we are the property of the United 
 States he denies our very existence. He forgets the only clause of tlie constitution which 
 gives Congress power to possess and provide a government for the country, the language 
 of which is 'Territory and other property.' We are therefore the property of the United 
 States, and are we to supi>ose that the government will divest itself of the power over its 
 property. If the people elect the governor, the government have no right to remove 
 
202 HISTORY OF THE TERRITORY OF WISCONSIN 
 
 him. He may violate the laws, sacrifice the interest of the general government and they 
 have no power to control him." 
 
 The memorial was then adopted. 
 
 On the 11th of January a memorial to Congress was 
 adopted asking for the division of the Green Bay land dis- 
 trict and the establishment of a new land district. 
 
 On the 12th of January an animated debate took place 
 upon a resolution offered on the previous day by Mr. Vine- 
 yard, that the governor be requested to call the next Legis- 
 lative Council to meet at Cassville. 
 
 Mr, Slaughter moved to strike out "Cassville" and 
 insert " Fond du Lac." 
 
 Mr. Burnett and Col. Hamilton opposed the amendment, 
 and on taking the question it was lost. 
 
 Mr. Knapp proposed to substitute " Racine " for Cassville, 
 which was sustained by Mr. Slaughter;, but the amend- 
 ment was not agreed to. 
 
 Mr. Slaughter now suggested that the law required the 
 Council to meet at Green Bay. He did not think it com- 
 petent for the executive to alter the place. 
 
 Mr. Hamilton concurred with Mr. Slaughter and moved 
 that the committee rise and report against the resolution, 
 which was done and the resolution lost. 
 
 On the loth of January Mr. Edgerton from the com- 
 mittee on internal improvements, reported a memorial to 
 Congress asking for 
 
 "An appropriation sufficient to cover the expense of surveying all the necessary harbors 
 on the western shore of Lake Michigan, and also for the construction of two light houses; 
 one at Milwaukee and the other at Root River." 
 
 Also " for the survey and examination of the Fox and Wisconsin Rivers, and for the 
 removal of the obstructions at the rapids in the Mississippi River." 
 
 The attention of Congress was also called to 
 
 "The opening and building of the road from Chicago to Green Bay', the surveys of 
 which were completed last season." 
 
 The memorial set forth that 
 
 "The subject of constructing a railroad from Lake Michigan, passing through the mining 
 district, terminating at or near Cassville on tb.e Mississippi River, is one which claims the 
 attention of all who take an interest in the prosperity and growth of our country; and we 
 ■would pray your honorable body to make provision for the survey and examination of the 
 route." 
 
 It also asked Congress 
 
 " To declare Kavarino at the head of Green Bay, and Cassville on the Mississippi River, 
 ports of entry." 
 
 Mr. Slaughter made an ineffectual effort to have in- 
 serted among the surveys asked for 
 
WISCONSIN IN A TRANSITION STATE — 1835-6. 203 
 
 "A survey of the Manitowoc river to its somce, with a view to ascertain the practicabil- 
 ity of connecting Lake Michigan and Lake Winnebago by slack-water navigation, and a 
 canal of about two and a half miles." 
 
 The memorial was adopted without material amendment. 
 
 A resolution introduced by Mr. Vineyard, that the print- 
 ers to the Council be instructed to print five hundred cop- 
 ies of the journal was adopted. 
 
 At an early day of the session, Hon. James D. Doty had 
 been appointed Fiscal Agent of the Territory without any 
 express understanding- as to the extent to which he was to 
 provide for the expenses of the Council. As the close of the 
 session was approaching, it appeared that some members of 
 the Council supposed that Judge Doty was to defray all of 
 the expenses, which would probably be $2,000 or $3,000, 
 while he had expected only to defray the necessary contin- 
 gent expenses, amounting to about $500. 
 
 On the last day of the session. Judge Doty addressed a 
 communication to the Council stating his understanding of 
 the extent of expenses he was to defray, and his perfect 
 willingness to make the advance, as originally proposed by 
 him, or to decline the situation. 
 
 A resolution was then introduced 
 
 "That the terms proposed by James D. Doty, upon which he will perform the duties of 
 Fiscal Agent for the Council, are satisfactory; and that it is the wish of the Council that 
 he may accept the appointment of Fiscal Agent." 
 
 After considerable debate, in which Judge Doty's motives 
 were assailed and defended the resolution was adopted. 
 
 On the 7th of January, Mr. Vineyard introduced a reso- 
 lution that the Council adjourn siue die, on Saturday the 
 9th of January. It was laid on the table. 
 
 On the 11th of January, Mr. Vineyard again offered a 
 resolution that the Council adjourn on the 12th. This reso- 
 lution was also laid on the table. 
 
 On the next day, the 12tli, he again offered a resolution 
 that the Council adjourn on the lith. On motion of Mr. 
 Slaughter it was amended by substituting Friday the 15th. 
 
 After a resolution had been reported by the committee on 
 expenses, and adopted by the Council, that there should bo 
 paid by the Fiscal Agent, from the sum approi)riated by 
 Congress for defraying the contingent expenses of the Leg- 
 islative Council for the year 1836, various specific sums to 
 the members, printers, officers etc., amounting to the aggre- 
 gate sum of $2,371.72; 
 
204 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 And after the report of the committee on enroUment as 
 correctly enrolled of the memorials and resolutions adopted 
 by the Council; 
 
 And after the introduction, discussion and passage of the 
 resolution in relation to the Fiscal Agent, the seventh and 
 last session of the Legislative Council of Michigan Terri- 
 tory, on Friday the 15th day of January, 1836, adjourned 
 sine die. 
 
 CHAPTER XVL 
 
 ORGANIZATION OF WISCONSIN TERRITORY. 
 
 The Indian possessory right of occupancy of that part of 
 the Territory south and east of the Wisconsin and Fox 
 Rivers having been extinguished by treaty, the surveys of 
 the public lands were prosecuted with vigor soon after the 
 close of the Black Hawk war, and that part of the Terri- 
 tory became subject to settlement. 
 
 As previously stated, this part of the Territory was in 
 June, 1834, divided into two land districts the "Wisconsin" 
 district, with land office at Mineral Point, and the " Green 
 Bay " district, with land office at Green Bay. The Green 
 Bay district was subsequently divided and the " Milwaukee" 
 district established with land office at Milwaukee, contain- 
 ing the ten southern tawnships west of range eighteen, 
 and the twelve east of range seventeen. 
 
 The first public sale of lands was at Mineral Point on the 
 10th day of November, 1834, in pursuance of the proclama- 
 tion of the President, dated July 7, 1834, by which all the 
 lands south of the Wisconsin River and west of the fourth 
 principal meridian, were offered for sale, corresponding 
 with the townships now forming Grant county. 
 
 On the Gth of May, 1 835, the President issued two other 
 proclamations for public land sales; one for sales at Green 
 Bay on the 17th and the 31st days of August, the other for 
 sales at Mineral Point on the 7th and 21st days of Septem- 
 ber, 1835. 
 
 These sales brought into market all the lands in the pres- 
 ent counties of Iowa, La Fayette, Green, Dane, Manitowoc, 
 
ORGANIZATION OF WISCONSIN TERRITORY. 205 
 
 Kewaunee, Calumet, so much of Brown, Outagamie and 
 Winnebago as is east of the Fox River and north of Lake 
 Winnebago: Rock county, except seven towns on the east- 
 ern side of it; the towns of Lowville, Wyocena, Marcellon, 
 Portage, Pacific, Dekorra and Arlington in Columbia 
 county; the towns cf Kingston and Marquette in Green 
 Lake county and that small part of Marquette county south 
 of Fox River. Fractional townships seven, eight, nine and 
 ten, of range 22, in Milwaukee and Ozaukee counties, em- 
 bracing almost the entire city of Milwaukee, were also of- 
 fered at the sale held at Green Bay on the 31st of August. 
 
 The lands south of Fox river, which were not offered at 
 these sales, embraced the entire counties of Kenosha, Ra- 
 cine, Walworth, Waukesha, Jefferson, Washington, Dodge, 
 Fond du Lac, and Sheboygan, and a part of the counties of 
 Winnebago, Green Lake, Columbia, and Rock. 
 
 By a proclamation of the President of August 15, 1835, an- 
 other sale was held at Green Bay on the IGth day of Novem- 
 ber, at which all the lands in Sheboygan county, five 
 townships in Fond du Lac, two in Washington, and four in 
 Ozaukee counties were offered for sale. 
 
 By the second section of an act of Congress, approved 
 May 29, 1830, it was provided that when two or more per- 
 sons were settled on the same quarter section it was to be 
 equally divided between the two first actual settlers, and 
 each should be entitled to a pre-emption of eighty acres of 
 land elsewhere in the same land district, so as not to interfere 
 with other settlers having a right of preference. 
 
 Such rights of pre-emption "elsewhere" were called 
 " floats," and were in very great demand by speculators in 
 lands, for the purpose o-f securing desirable locations in ad- 
 vance of the public sales, and many town sites, supposed at 
 the time to be very valuable, w^ere entered with these 
 " jaoats." 
 
 The pre-emption laws in force at the time of these land 
 sales in August and September, 1 835, required that the set- 
 tler, to entitle him to a pre-emption right, should have culti- 
 vated some part of his land in the year 1833. 
 
 In a great many instances, settlers had gone upon lands 
 offered by these proclamations, with their families, in good 
 faith, to make homes for themselves and their children, in 
 the hope that the pre-emption laws would be extended to 
 them. But as the bill for this purpose had failed they were 
 
206 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 without the protection of any pre-emption law, and a serious 
 and widespread fear existed that they would be deprived of 
 their hard-earned possessions by the greed of heartless spec- 
 ulators. 
 
 But when the time for action arrived at the Green Bay 
 Bales, a spirit of justice and honorable dealing proved to be 
 paramount to the demands of grasping rapacity. A meet- 
 ing of the settlers was held, a committee appointed to deter- 
 mine the justice and good faith of the claims of settlers to 
 their respective " claims," and in every case the decision of 
 the committee was respected by the speculators, many of 
 whom had come from the eastern cities to purchase lands 
 offered at the public sales, and some probably expecting to 
 bid upon the " claims" of some of these settlers; but all the 
 settlers were allowed to purchase their " claims" at the mini- 
 mum price. The good feeling which resulted was evidenced 
 by the following card, published at the time : 
 
 " The settlers of Milwaukee tender their most cordial acknowledgments to the gentle- 
 men who attended the land sales for the handsome manner in which their claims were 
 regarded. And they take pleasure in saying that no case occurred which was not justly 
 entitled to the consideration which it received. 
 
 James Sanderson, B. "W. Finch, 
 
 James Clyman, T. C. Dousman, 
 
 George H. Walker, Samuel Brown, 
 
 Otis Hubbard." 
 
 There was but little conflict between the settlers and spec- 
 ulators at the Mineral Point land sales, and in all cases the 
 just rights of the settlers were respected. 
 
 It is difficult for those of a generation living half a cen- 
 tury after these events to appreciate the importance 
 attached to them by those whose interests and feelings were 
 so deeply involved. 
 
 The land sales being over, the next subjects to attract the 
 attention and excite the interest of the early settlers were 
 territorial and congressional legislation. 
 
 The last authoritative legislation affecting the inhabitants 
 of the territory west of Lake Michigan and prior to the 
 organization of the Territory of Wisconsin, July 4, 1836, 
 was that of the sixth Legislative Council of Michigan Ter- 
 ritory at Detroit in January, 1835, and at the special 
 session in August of that year. 
 
 The seventh Legislative Council, which met at Green Bay 
 on the 1st of January, 1836, in pursuance of the proclama- 
 
ORGANIZATION OF WISCONSIN TERRITORY. 097 
 
 tion of Acting Governor Mason, was unable, owing to the 
 non-appearance of Secretary Horner, acting governor who 
 had succeeded Governor Mason, to transact any legislative 
 business except to adopt resolutions and memorials. After 
 being most pleasantly entertained for tv*^o weeks by the 
 citizens of Green Bay, who have ever been famous for 
 their hospitality, the council adjourned sine die, and the 
 members wended their way in the midst of winter; over a 
 country where settlements were so infrequent that " camp- 
 ing out " was a necessity; to their respective homes in the 
 counties of Milwaukee, Iowa, Crawford, and Des Moines. 
 
 While Acting Governor Horner was remaining at De- 
 troit to see that George W. Jones, the delegate in Congress 
 elect, was not prevented from obtaining his seat by the 
 efforts of Mr. Woodbridge, as stated in Governor Horner's 
 communication to a Green Bay paper bearing date Decem- 
 ber U, Gen. Jones was at Washington representing his 
 constituents. 
 
 Upon the assembling of Congress on the 7th of December, 
 Mr. Jones appeared with the delegates from the other ter- 
 ritories, was qualified and took his seat without opposition 
 or even any question as to his right to it. 
 
 On the ISth of January, 183G, Mr. Storer of Ohio pre- 
 sented sundry affidavits and certificates relative to the late 
 election of delegate for the Territory of Michigan vhich 
 were referred to the committee of elections. 
 
 On the 1st of March he presented documents relating to 
 the same election which had the same reference. 
 
 These " affidavits and certificates " and these " documents" 
 are supposed to have related to the right of Mr. Woodbridge 
 to the seat, although it is not so stated, and it does not 
 appear from the journal of that session that he ever form- 
 ally presented any claim to the seat. 
 
 The committee of elections made no report and Mr. Jones 
 continued to occupy the seat through the entire session 
 without any question having been made as to his right 
 to it. 
 
 The most important measure of the session, so far as con- 
 cerned the interests of the inhabitants of Michigan Terri- 
 tory west of Lake Michigan, was an act " establishing the 
 Territorial Government of Wisconsin." 
 
 This bill having passed the senate, where it originated, 
 was read the first and second times in the house of Repre- 
 
208 HISTORY OF THE TEEEITORY OF WISCONSIN. 
 
 sentatives on the 30th of March and referred to the com- 
 mittee of the whole on the state of the Union. 
 
 On the 2nd of April, on motion of Mr. Patton of Vir- 
 ginia, the rules in relation to the priority of business were 
 suspended, for the purpose of considering the bill, and the 
 house then resolved itself into committee of the whole on 
 the state of the Union, and reported that they had /3ome to 
 no resolution thereon. 
 
 On the 7th of April it was again considered and reported 
 to the House with amendments, when on motion of Mr. 
 Jones, the delegate, it was ordered postponed until to-mor- 
 row and made the special order from 11 o'clock A. M, until 
 1 o'clock P. M. 
 
 When the bill came up for consideration the ne xt day 
 (April 8th) the first question was upon concurring in the 
 first amendment reported by the committee of the whole on 
 the state of the Union, which was to strike out an appropri- 
 ation of ten thousand acres of the public lands for the 
 purpose of building a capitol, which was in the bill as it 
 passed the Senate and inserting in lieu of it twenty thou- 
 sand dollars for the same purpose. 
 
 Mr. Bond of Ohio moved to amend the amendment by 
 reducing the amount from twenty thousand to twelve thou- 
 sand five hundred dollars which was lost by a vote of 60 to 
 117, and the amendment for twenty thousand dollars was 
 then adopted. 
 
 Mr. Cave Johnson of Tennessee then moved to amend the 
 bill by striking out the 17th section, which appropriated 
 five thousand dollars for "the purchase of a library for the 
 accommodation of the Assembly and of the Supreme Court." 
 The motion was lost. 
 
 The bill as it passed the Senate provided that the salary 
 of the Governor should be two thousand dollars, and fifteen 
 hundred dollars as Superintendent of Indian Affairs. Mr. 
 Underwood of Kentucky moved to strike out this provision 
 and insert that the Governor should receive an annual sal- 
 ary of two thousand five hundred dollars for his services as 
 Governor and as Superintendent of Indian Afifairs. 
 
 Mr. Vinton of Ohio moved to amend by reducing the 
 amomit from two thousand five hundred to two thousand. 
 This was lost and the amendment offered by Mr. Under- 
 wood was agreed to, which was the second amendment 
 adopted to the Senate bill. 
 
ORGANIZATION OF WISCONSIN TERRITORY. 209 
 
 Mr. Hardin of Kentucky moved to strike out five thou- 
 sand in the appropriation for a Hbrary and insert tAvo 
 thousand, which motion was decided in the negative. 
 
 The boundary of the Territory as described in the Senate 
 bill after running north from the northeast corner of the 
 state of Illinois through the middle of Lake Michigan to a 
 point in the middle of said lake and opposite the main chan- 
 nel of Green Bay, run thence "through said channel and 
 Green Bay to the mouth of the Menomonee river," and 
 thence up that river, etc. 
 
 Mr. Howell of Ohio offered an amendment to strike out 
 "Green Bay to the mouth of the Menomonee river, etc.," and 
 insert 
 
 "From the d middle of Green Bay to the head of Chocolate river thence down said river 
 to Lake Superior, thence due north to the territorial hne and thence with said line, etc.'" 
 
 The effect of this amendment, if it had been adopted, would 
 have been to deprive Michigan of a principal part of its 
 northern peninsula, and leave it a part of the proposed Ter- 
 ritory of Wisconsin. The amendment of Mr. Howel was, 
 however, lost and the boundaries contained in the Senate 
 bill remained intact. 
 
 A third amendment of the Senate bill Avas adopted, which 
 as it was proposed by a committee of the whole on the state 
 of the Union, does not appear in the journal. It was prob- 
 ably unimportant as it was concurred in by the Senate. 
 
 The bill was then read a third time and passed and sent 
 to the Senate for concurrence in the three amendments. 
 
 It came up in the Senate, on the 12th of April, when the 
 first and the third amendments were concurred in, and the 
 second, in relation to the compensation of the Governor was 
 disagreed to, and the bill returned to the House. 
 
 Mr. Patton moved on the 14th of April, that the House 
 recede from its second amendment. This motion was lost 
 by a vote of 58 to 135. 
 
 Mr. Cave Johnson moved that the House insist upon this 
 amendment, which was agreed to. 
 
 A committee of conference was then appointed by the re- 
 quest of the Senate, consisting of Messrs. Buchanan, AVeb- 
 STER and Shepley on the part of the Senate and Messrs. 
 Patton, Kennon and Casey on the part of the House. 
 
 The result was that the Senate on the ISth of x\pril, re- 
 ceded from its disagreement to the second amendment, the 
 effect of which was the final passage of the bill by both 
 14 
 
210 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 Houses. It was approved by President Andrew Jackson 
 on the 20th of April, when it became a law. 
 
 Although the few and widely separated inhabitants of that 
 portion of the country which was organized into the Terri- 
 tory of Wisconsin, could not be said to have ever been with- 
 out some kind of civil government, it was not until the 4th 
 day of July, 1836, when this act of Congress passed April 
 20, 1836, took effect, that the advantages and protection 
 of civil government w^ere practically brought within 
 their reach. The due exercise of the three essential, 
 and only important elements of civil power — legislative, 
 judicial and executive — was adequately provided for; and 
 in a republican form, except to the extent that it was limited 
 by the reserved power of the disapproval of laws, by Con- 
 gress. 
 
 Boundaries — The Territory was bounded east by a line 
 drawn from the northeast corner of the State of Illinois, 
 through the middle of Lake Michigan, to a point in the 
 middle of said lake and opposite the main channel of Green 
 Bay, and through said channel and Green Bay to the mouth 
 of the Menomonee 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 main 
 channel of the Montreal river to its mouth; thence with a 
 direct line across Lake Superior to where the territorial line 
 of the United States touches said lake northwest; thence on 
 the north with the said territorial line, to the White Earth 
 river; on the west, by a line from the said boundary line, 
 following down the middle of the main channel of White 
 Earth river, to the Missouri river, and down the middle of 
 the main channel of the Missouri river, to a point due west 
 from the northwest corner of the State of Missouri (at that 
 time the western boundary of Missouri was the "meridian 
 line passing through the middle of the mouth of the Kansas 
 river," but by an act passed subsequently at the same ses- 
 sion, it was extended to the Missouri river); and on the 
 south from said point due east to the northwest corner of the 
 State of Missouri, and thence with the boundaries of the 
 States of Missouri and Illinois, as already fixed by acts of 
 Congress. 
 
 The executive power was vested in a Governor, who held 
 his office for three years, subject to removal by the Presi- 
 
ORGANIZATION OF WISCONSIN TERRITORY. 211 
 
 dent, was required to reside in the Territory, was com- 
 mander-in-chief of the miHtia, was to perform the duties and 
 receive the emoluments of Superintendent of Indian Affairs, 
 was required to approve all laws before they should take 
 effect, had the pardoning power for offenses against the 
 laws of the Territory, and might reprieve for offenses against 
 the laws of the United States, until the decision of the Pres- 
 ident could be made known; he was to commission all 
 territorial officers and take care that the laws were faith- 
 fully executed. His salary as Governor and Superintendent 
 of Indian Affairs was two thousand five hundred dollars 
 annually. 
 
 A Secretary of the Territory was provided for who was 
 to reside in the Territory; his term of office was four years, 
 subject to removal by the President. His duties were to 
 record and preserve all the laws and proceedings of the 
 Legislative Assembly, and all the acts and proceedings of 
 the Governor in his executive department, and transmit one 
 copy to the President of the United States, and two copies 
 to the Speaker of the House of Representatives for the use 
 of Congress. He was authorized and required to execute 
 and perform all the duties and powers of the Governor, 
 (luring any vacancy caused by his death, removal or resig- 
 nation or during his necessary absence. The annual salary 
 of the Secretary was twelve hundred dollars. 
 
 The legislative power was vested in the Governor and a 
 Legislative Assembly. The Legislative Assembly consisted 
 of a Council and House of Representatives elected by the 
 qualified voters. The council consisted of thirteen mem- 
 bers whose terms of service were four years. The House of 
 Representatives consisted of twenty-six members whose 
 term of service was two years. The compensation of each 
 was three dollars per day and three dollars for every twenty 
 miles travel both ways. 
 
 The first election was to be held at such time and place as 
 the Governor should appoint and direct. Previous to the 
 first election the Governor was to cause a census to be made 
 by the sheriffs of the several counties of the inhabitants of 
 each. The Governor was to declare the number of mem- 
 bers of the Council and House of Representatives to which 
 each of the counties were entitled and declare who was 
 elected. The persons thus elected were to meet at such 
 place on such day as the Governor should appoint, and 
 
212 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 thereafter the time, place and manner of holding and con- 
 ducting all elections, and the apportioning of the represent- 
 atives in the several counties to the Council and House of 
 Representatives, was to be prescribed by law, as well as the 
 day of the annual commencement of the sessions of the 
 Legislative Assembly, but no session in any year could 
 exceed the term of seventy-five days. 
 
 Every free, white male citizen of the United States above 
 the age of twenty-one years, who was an inhabitant of the 
 Territory at the time of its organization, was entitled to 
 vote at the first election, and was eligible to any office in 
 the Territory; but the qualifications of voters at all subse- 
 quent elections was to be such as should be determined by 
 the Legislative Assembly; Provided, that the right of 
 suffrage should be exercised only by citizens of the United 
 States. 
 
 The sixth section of the organic act declared 
 
 "That the legislative power of the Territory shall extend to all rightful subjects of leg- 
 islation, but no law shall be passed interfering with the primary disposal of the soil; no 
 tax shall be imposed upon the property of the United States, nor shall the lands or other 
 property of non-residents be taxed higher than the lands or other property of residents. 
 All the laws of the Governor and Legislative Assembly shall be submitted to, and, if 
 disapproved by the Congress of the United States, the same shall be null and of no 
 effect." 
 
 The governor was to nominate and by and with the 
 advice and consent of the Legislative Council, appoint all 
 judicial officers, justices of the peace, sheriffs and all militia 
 officers, except those of the staff. Clerks of the courts 
 were to be appointed by the judges thereof, but township 
 officers and all other county officers, were to be elected by 
 the people in such manner as might be provided by the 
 Governor and Legislative Assembly. 
 
 The judicial power of the Territory was vested in a Su- 
 preme Court, District Courts, Probate Courts, and justices 
 of the peace. The Supreme Court was to consist of a chief 
 justice and two associate justices, to hold their offices dur- 
 ing good behavior, and were each to receive an annual sal- 
 ary of eighteen hundred dollars. The Territory was to be 
 divided into three judicial districts, and a district court to 
 be held in each by one of the judges of the Supreme Court 
 at such times and places as might be prescribed by law. The 
 jurisdiction of all the courts was to be as limited by law, 
 except that justices of the peace should not have jurisdic- 
 tion in any matter where the title or boundaries of land 
 
ORGANIZATION OF WISCONSIN TERRITORY. 213 
 
 might be in dispute, nor where the debt or sum claimed ex- 
 ceeded fifty dollars. Writs of error and appeals in chancery- 
 causes were allowed in all cases from the district courts to 
 the Supreme Court, and from the Supreme Court to the 
 Supreme Court of the United States, when the amount in 
 controversy exceeded one thousand dollars. The district 
 courts were to have and exercise the same jurisdiction in 
 all cases arising under the Constitution and laws of the 
 United States as is vested in the circuit and district courts 
 of the United States. An attorney and a marshal for the 
 Territory were to be appointed, each for the term of four 
 years, subject to removal by the President. 
 
 The Governor, Secretary, judges, attorney, and marshal 
 were to be nominated, and by and with the consent of the 
 Senate appointed by the President of the United States. 
 Each was to take an official oath, which was to be filed with 
 the Secretary of the Territory. 
 
 There was to be appropriated annually three hundred and 
 fifty dollars to defray the contingent expenses of the Terri- 
 tory, to be expended by the Governor, and a sufficient sum 
 to be expended by the Secretary of the Territory, to defray 
 the expenses of the Legislative Assembly, the printing of 
 the laws, and other incidental expenses. 
 
 Not only did the organic act provide, as has been previ- 
 ously mentioned, that the inhabitants of the Territory 
 should be entitled to enjoy all the rights, privileges and ad- 
 vantages granted and secured to the people of the territory 
 northwest of the River Ohio by the articles of compact con- 
 tained in the ordinance of 1787, but that they should also be 
 entitled to all the rights, privileges, and immunities there- 
 tofore granted and secured to the Territory of Michigan and 
 its inhabitants. It also provided that the laws of the Terri- 
 tory of Michigan should be extended over it, so far as the 
 same should not be incompatible with the organic act, sub- 
 ject, however, to alteration, modification, and repeal. And 
 further, that the laws of the United States be extended 
 over, and should be in force in the Territory of Wisconsin 
 so far as they might be applicable. 
 
 The Legislative Assembly was to hold its first session at 
 such time and place as the Governor should appoint, and 
 that the Governor and Legislative Assembly should there- 
 after locate and establish the seat of government at such 
 place as they might deem eligible, subject thereafter to be 
 
214 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 by them changed. Twenty thousand dollars were appro- 
 priated to defray the expenses of erecting public buildings 
 at the seat of government. 
 
 The act provided for the election of a delegate to the 
 House of Representatives, to serve for the term of two 
 years, who should be entitled to the same rights and privi- 
 leges as had been granted to the delegates from the several 
 Territories to the House of Representatives. The first elec- 
 tion was to be held at such time and place or places as the 
 Governor should appoint, who was to give a certificate to 
 the person elected. 
 
 Suitable provision was made for the transfer of pending 
 judicial proceedings from the courts of Michigan to those 
 of Wisconsin. 
 
 An appropriation of five thousand dollars was made for 
 the purchase of a library for the accommodation of the As- 
 sembly and of the Supreme Court. 
 
 With these provisions of the organic act and the subse- 
 quent action of the President in the appointment of the ter- 
 ritorial officers for which it provided, the civil government 
 of the Territory of Wisconsin was in complete readiness to 
 be set in operation on the 4th day of July, the day on which 
 by the act, it was to be organized. 
 
 To summarize the several different periods of time from 
 the early part of the sixteenth century to the organization 
 of the Territory of Wisconsin in 1836, during which the 
 right of civil government has been claimed or exercised by 
 different powers, the facts stated in this and the preceding 
 chapter, present these results. 
 
 For more than a century, from 1512 to 1G27, the only claim 
 to the right of civil jurisdiction over the domain of the pres- 
 ent state of Wisconsin, which any governmental power pre- 
 tended to possess, was the claim of Spain derived from the 
 discovery of Florida by Ponce de Leon. This claim was, 
 however, entirely ideal, as during that period no subject of 
 Spain ever saw any portion of this domain. 
 
 From 1G27 to 17G2, civil jurisdiction over the Territory 
 was claimed, and to a considerable extent exercised by 
 France. 
 
 By the treaty of February 10, 1763, resulting from the 
 war between France and England, the right of civil juris- 
 diction passed from the former to the latter, and civil juris- 
 diction accompanied by actual occupancy of the posts on 
 
ORGANIZATION OF WISCONSIN TERRITORY. 215 
 
 the northern frontier was maintained by Great Britain un- 
 til 179(3, although the last thirteen years of this jurisdiction 
 was in open violation of the treaty of 1783. 
 
 During- the Revolutionary war and thereafter until the 
 formation of the Northwest Territory in 1787, jurisdiction 
 was claimed by Virginia. This claim was practically exer- 
 cised over and acquiesced in by the inhabitants of that por- 
 tion of the territory now forming the states of Ohio, Indiana 
 and Illinois while those in the remaining portion were com- 
 pelled to recognize the power of Great Britain. 
 
 From 1787 to 1800 the right of civil government was vested 
 by the Ordinance of 1787 in the territorial government 
 which it established; but owing to the jurisdiction which 
 was maintained by Great Britain, the right was not practi- 
 cally exercised within the present state of Wisconsin until 
 179G. 
 
 From May 7, 1800, to January 11, 1805, jurisdiction over 
 the domain of the state of Wisconsin was vested in and ex- 
 ercised by the Territory of Indiana. 
 
 From January 11, 1805, until February 3, 1800, by the Ter- 
 ritory of Michigan. 
 
 From February 3, 1809, until December 3, 1818, by the 
 Territory of Illinois. 
 
 From December 3, 1818, until July 4, 183G,the Territory of 
 Michigan again had and exercised the jurisdiction. 
 
 Hitherto our attempts at historiography have resulted 
 only in the exposition of the history of Florida, Louisiana, 
 Virginia, the Northwestern Territory, and the Territories of 
 Indiana, Illinois and Michigan, so far as that portion of 
 them which is now known as W^isconsin, was affected. 
 
 An epoch is now reached from which a new historical 
 departure is to be taken, and the story is to be told of the 
 settlement, development and progress of the Territory of 
 W^isconsin, from its organization as a distinct territorial 
 government in 183G, to its admission into the Union as a 
 sovereign independent state in 1848. This period of twelve 
 years is highly interesting, as being that in which the polit- 
 ical character and material features of the future State 
 were molded and crystallized. 
 
216 HISTORY OF THE TERRITORY OF WISCONSIN 
 
 CHAPTER XVII. 
 
 TERRITORY OF WISCONSIN IN 1833. 
 
 The early organization of the new Territory of Wisconsin 
 was, during the years 1835 and the early part of 1836, clearly 
 foreseen as one of the inevitable results of the formation of 
 the independent State of Michigan. The fragmentary Ter- 
 ritory of Michigan thus left, was not designed and was illy 
 adapted to the wants of the inhabitants of the country w^est 
 of the lake. 
 
 The organization of the new Territory was delayed until 
 the question of the boundaries of the State of Michigan 
 could be acted upon by Congress, and so soon as it was 
 known what that action would be, it was anticipated by the 
 act to organize the Territory of Wisconsin, which was passed 
 April 20, 1836, although the act to provide for the admission 
 of the State of Michigan into the Union was not passed until 
 twenty-five days later. 
 
 The scenes and events successively occurring during the 
 twelve years of the existence of the Territory of Wisconsin, 
 which were so commonplace at the time of their occurrence 
 as to make but little impression upon those immediately 
 connected with them, may now possess some historic in- 
 terest to those who had no personal knowledge of them, if 
 not create a revived interest in those who participated in 
 them; which can only be gratified by a reference to the 
 archives of the State Historical Society. 
 
 The spirit of migration, the desire for change, is believed 
 to be the fundamental element, the inspiring cause of and 
 chief reason for the wonderful progress which has marked 
 the advance of American civilization, especially in the 
 states formed out of the Northwest Territory. 
 
 Whatever the cause, the historical fact is now acknowl- 
 edged, that the rapidity of settlement in Wisconsin for the 
 fifteen years next succeeding 1835, was aliuost, if not quite, 
 unprecedented in the settlement of new states. Previous 
 to 1835 much the largest proportion — about two thirds — of 
 the population of the Territory was to be found in Iowa, 
 county. They had, however, generally come in search of 
 lead, and nearly all with the expectation of soon getting 
 
TERRITORY OF WISCONSIN IN 1836. 217 
 
 rich and returning to the homes they had left hehind them. 
 It was emphatically a floating population. Many, however 
 — some attracted by "success, and some compelled by the 
 necessities resulting from ill-luck — remained, and became 
 permanent inhabitants of the country, which they had vis- 
 ited only as an adventurous experiment. 
 
 After the Indian right of occupancy on the lands south 
 and east of the Wisconsin and Fox rivers had been extin- 
 guished, the lands had been surveyed and offered for sale, 
 which to a limited extent occurred in November, 1834, and 
 more extensively in August and September, 1835, the pur- 
 poses of most of those who came with no fixed intention of 
 remaining became changed. They purchased land and be- 
 came permanently identified with the country; and the 
 same infiuences which were thus operating upon those who 
 were already here, produced a like effect upon large num- 
 bers possessed of the migratory spirit, but whose feet had 
 never trod the soil west of Lake Michigan, and induced 
 them also to become permanent inhabitants of the new Ter- 
 ritory, 
 
 Another class, who were characterized by the settlers as 
 " speculators," visited the country, either personally or by 
 agents, in great numbers and purchased very large quanti- 
 ties of the choicest of the public lands, which had been 
 offered for sale in 1834 and 1835. These purchases were 
 almost exclusively made on speculation, and with no pur- 
 pose of occupancy, but solely with the expectation of selling 
 the lands at a future period at a greatly increased price. 
 The effect of these speculations was greatly to retard and 
 prevent the occupancy of the country by perruanent inhabi- 
 tants. 
 
 Some idea n.ay be formed of the magnitude of this land 
 speculation from the fact, which the records of the General 
 Land Office show, that the total sales of the Government 
 lands in Wisconsin previous to December, 31, 1S36, amounted 
 to 878,014 acres, of which as much as 000,000 acres were 
 probably sold to speculators. 
 
 The correctness of this estimate is confirmed by the fact 
 that the total amount of sales during the years 1837 and 1838, 
 after the spirit of speculation had ceased, amounted to only 
 ■oG0,919 acres, although the population during that period 
 had more than doubled. 
 
 The wild spirit of speculation which pervaded the whole 
 
218 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 country in 1836 is within the present recollection of the older 
 persons of the present generation. The currency of the 
 country, which consisted mainly of the notes of state banks, 
 was abnormally expanded. The Eeceivers of the Land 
 offices were authorized to receive the notes of many of the 
 state banks in payment for the public lands, and appear- 
 ances seemed to indicate that the entire body of the public 
 domain would soon be exchanged for bank credits and paper 
 money, and would be absorbed by speculators to the serious 
 injury of actual settlers and emigrants. 
 
 In this condition of things, the specie circular, as it was 
 called, of Levi Woodbury, Secretary of the Treasury, was 
 issued by the direction of President Andrew Jackson, which 
 had the effect to soon arrest the land speculating mania. 
 
 This circular was issued on the 11th July, 183G, and recited, 
 that — 
 
 "In consequence of complaints which had been made of frauds, speculations and monop- 
 olies in the purchase of the public land, and the aid which was said to effect these objects 
 by excessive bank credits and through bank drafts and bank deposits, and in consequence 
 of the general evil influence likely to result to the public interests, and especially the safety 
 of the great amount of money m the Treasury, and the sound condition of the currency of 
 the country from the further exchange of the national domain in this manner, and 
 chiefly for bank credits and paper money;" 
 
 and then instructed the Receivers of Public Money, — 
 
 "After the 15th day of August next to receive in payment of the public lands nothing 
 except what is directed by the existing laws, viz.: Gold and Silver and in the proper cases 
 Virginia land scrip; provided, that till the 15th day of December next the same indulgences 
 heretofore extended, as to the kind of money received, may be continued for any quantity 
 of land not exceeding three hundred and twenty acres, to each purchaser who is an actual 
 settler or bona fide resident of the State when the sales are made." 
 
 The circular further stated that — 
 
 "The principal object of the President in adopting this measure was to repress alleged 
 frauds, and to withhold any countenance or facilities in the power of the Government, 
 from the monopoly of the public lands in the hands of speculators to the injury of the 
 actual settlers of the new States, and of emigrants in search of new homes, as well as to dis- 
 courage the ruinous extension of bank issues and bank credits, by which those results are 
 supposed to be prompted." 
 
 The specie circular, considered with reference to its effects 
 subsequent to the time when it went into operation, produced 
 all the beneficial results which had been hoped for it by 
 General Jackson, but so far as related to southwestern Wis- 
 consin, embracing the present counties of Grant, Iowa, 
 La Fayette, Dane, Green, and the west half of Rock and 
 Columbia, its wisdom was analagous to that of the old adage 
 of locking the stable after the horse was stolen. A very 
 
TERRITORY OF WISCONSIN IN 1836. 219 
 
 large proportion of the most valuable lands in that portion 
 of the State had before the loth of August, 183G, passed from 
 the control of the government to that of speculators. 
 
 The result was that the great mass "of emigrants in 
 search of new homes," during the years 1S3G, 1837, and 1838, 
 avoided those counties which had been affected by the 
 mildew of speculation, and swarmed upon the counties of 
 Kenosha, Racine, Waukesha, Dodge, Jefferson, Walworth 
 and the eastern parts of Rock and Columbia, where the 
 lands were not offered for sale until 1839, and where a 
 choice of location was open to them, and into which the 
 blight of land monopoly had not yet entered. " Claims " 
 were made and when accompanied by such visible acts as 
 indicated the good faith of the claim and the intention of 
 occupancy, were always respected. 
 
 These immigrants, thus locating upon the public lands, 
 though called not inaptly " squatters," were not, and were 
 never regarded, either by the Government, by themselves 
 or by the community of which they formed a part, as tres- 
 passers. The pre-emption acts of 1830, 1832, 1833 and 1834, 
 although limited in the period of their operation which 
 expired in June, 1S3C, encouraged such "squatting" as well 
 as a just expectation that the pre-emption right would be 
 revived, which, however, was not realized until the act of 
 June 22, 1838, by which this right was extended for a fur- 
 ther period of two years. 
 
 A community of interest and a spirit of justice which 
 demanded that the pioneer immigrant should not be robbed 
 of the fruits of his honest toil, gave to these squatters* 
 claims all the practical security which belonged to a patent 
 from the government, and as a consequence the inhabitants 
 pursued their ordinary avocations in peace and safety and 
 devoted the same time and attention to the interests of the 
 public as was the case in older communities. 
 
 In the last chapter was given in detail the features of the 
 organic act of the Territory. The first appointments made 
 by the President and Senate of the several officers provided 
 for by that act were: 
 
 G'oi'e?'wor —Henry Dodge of Dodgeville, Wisconsin. 
 Secretai-ij — Jons S. Horner of Virginia. 
 Chief Justice — Charles Dunn of Illinois. 
 Associate Judges — David Irvin of Virginia and W-AI. C. 
 Frazer of Pennsylvania. 
 
220 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 Atiorney — W. W. Chapman of Burlington, Iowa. 
 
 Marshal — Francis Gehon of Dubuque, Iowa. 
 
 On the 4th of July the Governor and Secretary took the 
 prescribed oath of oflBce at Mineral Point, which event con- 
 tributed a novel and interesting element to a grand celebra- 
 tion of the national jubilee, which was very generally 
 participated in by the inhabitants of the lead mine region, 
 of which that hamlet was then the recognized metropolis. 
 
 The first important thing to be done to complete the or- 
 ganization of the embryo territorial government was the 
 convening of the Legislative Assembly. Preliminary to 
 this a census was to be taken by the sheriffs, and an appor- 
 tionment of members of the two branches made by the Gov- 
 ernor among the several counties. 
 
 The population of the Territory in August, 1836, as exhib- 
 ited by the census was as follows : 
 
 Brown couuty 2,706 
 
 Crawford county 854 
 
 Des Moines county 6,257 
 
 Du Buque county. 4,274 
 
 Iowa county 5,234 
 
 Milwaukee county. . 2,893 
 
 Total 22,218 
 
 On the 9th of September, Governor Dodge issued a procla- 
 mation to the effect that he had apportioned the members 
 of the Council and House of Representatives amongst the 
 several counties of the Territory as follows: 
 
 Brown. 2 members of the Council and 3 of the House of Representatives. 
 
 Crawford members of the Council and 2 of the House of Representatives. 
 
 Milwaukee 2 members of the Council and 3 of the House of Representatives. 
 
 Iowa 3 members of the Council and 6 of the House of Representatives. 
 
 Du Buque 3 members of the Council and 5 of the House of Representatives. 
 
 Des Moines 3 members of the Council and 7 of the House of Representatives. 
 
 13 26 
 
 The proclamation further ordered and directed that the 
 first election should be held on the second Monday of Octo- 
 ber, and that the electors present, on the day and at the 
 place of election, might elect three persons to preside at and 
 conduct said election, and provided for the return and can- 
 vass of the votes. 
 
 It further ordered and directed that the members elected 
 from the several counties should convene at Belmont in 
 the county of Iowa on the 25th of October, for the purpose 
 of organizing the first session of the Legislative Assembly. 
 
TERRITORY OF WISCONSIN IN 1836. 221 
 
 It also directed and appointed that at the same time and 
 places specified for electing members of the legislature, 
 there should be elected a delegate to Congress for the term 
 of two years. 
 
 The election campaign was quite brief, hardly one month, 
 but it excited very considerable interest. 
 
 George W. Jones of Sinsinawa Mound in Iowa (now 
 Grant) county had been the delegate during the first session 
 of the 24th Congress, 1835-G,from the fragment of Michigan 
 Territory remaining after the creation of the State of Mich- 
 igan. He had rendered himself very acceptable to the peo- 
 ple of the new Territory of Wisconsin, especially by his 
 zealous and successful efforts in securing the passage of 
 the act of April 20, for its organization. It appeared to be 
 very generally thought that an election as the first delegate 
 from the new Territory was due to him as a recognition of 
 his valuable services, while it would at the same time pro- 
 mote the best interests of the infant Territory. Expression 
 was given to this general feeling at a public meeting held 
 at Belmont on the 23d of September, in pursuance of very 
 extensive notice, for the purpose of nominating candidates 
 for the Legislature; when Col. Jones was recommended as 
 a suitable person for Delegate, and as "possessed of integ- 
 rity, untiring zeal, perseverance,' industry and weight of 
 character." His election, however, was not destined to be 
 entirely unanimous. 
 
 MosES Meeker, one of the earliest settlers of the lead 
 mines, who first came to Galena in November, 1822, and 
 permanently located there in June, 1823, with his family 
 and several others, all of whom came in a keel boat from 
 Cincinnati, announced himself as a candidate in a card 
 dated "Blue River, Iowa Co., September 21, 1836." His 
 candidacy was indorsed by a meeting subsequently held at 
 Mineral Point, called for the purpose of nominating candi- 
 dates for the Legislature. 
 
 The following is the result of the vote: 
 
 Jones. Meeker. 
 Brown County 3 j4 j j 
 
 Crawford County 5g jq 
 
 DesMoines County gco g 
 
 Dubuque County 930 49 
 
 Iowa County 612 017 
 
 Milwaukee County 7-,q j 
 
 3,5i2 69a 
 
222 HISTORY OF THE TERRITORY OF "WISCONSIN. 
 
 The result in Iowa county is thus explained by the Bel- 
 mont Gazette: 
 
 "A temporary excitement with regard to the seat of government was made to operate 
 against him (Jones); gratuitous and unfounded reports of his bemg interested in a par- 
 ticular place were circulated and to this, and this alone, is to be ascribed his loss of 
 votes." 
 
 The elections for members of the Legislature were con- 
 ducted on personal and local grounds, and aside from mere 
 personal preferences, the questions affecting the results 
 were those which were supposed to affect local interests, es- 
 pecially the division of counties, creating new counties and 
 locating county seats. 
 
 In loiva county two tickets were put in nomination, sup- 
 posed to represent different local interests; one by a meet- 
 ing held at Belmont on the 23rd of September, the other by 
 a meeting subsequently held at Mineral Point. 
 
 The candidates nominated at Belmont were: 
 
 For the Council: James R. Vineyard, John W. Black- 
 stone and James Gilmore. 
 
 For the House of Representatives: Thomas Cruson, 
 Thomas J. Parish, James H. Gentry, James Collins, John 
 Bevans and Benoni R. Gillett. 
 
 Those nominated at Mineral Point were: 
 
 For the Council: Ebe'nezer Brigham, John B. Terry 
 and Glendower M. Price. 
 
 For the House of Eepresentatives: James P. Cox, Thomas 
 McKnight, Thomas Shanly, William Boyles, Daniel M. 
 Parkinson and George F. Smith. 
 
 The candidates nominated at Mineral Point were all 
 elected except Mr. Price for the Council, in place of whom 
 Mr. Vineyard was chosen. 
 
 The " Mineral Point" ticket was supposed to be in favor 
 of the division of Iowa county in the mode adopted by the 
 Legislature, with county seats at Mineral Point and on 
 Boice Prairie (Lancaster). The candidates nominated on 
 the "Belmont" ticket were supposed to favor a division 
 which should create one county out of ranges one and two 
 east, with one and two west, with the county seat at Bel- 
 mont or Platteville, and another county west of that, com- 
 prising ranges three, four, five, and six west, with a county 
 seat at Cassville. 
 
 In Brown county the candidates for the Council were 
 Henry S. Baird, John P. Arndt, and Morgan L. Martin, 
 
TERRITORY OF WISCONSIN IN 1836. 2-> 
 
 /iv'J 
 
 of whom Messrs. Baird and Arndt were elected. The can- 
 didates for the House of Representatives were Ebenezer 
 Childs, Albert G. Ellis, Alexander J. Irwin, Joseph 
 Dickinson, and George McWilliams. Messrs. Childs, El- 
 lis, and Irwin were declared by the returns to be elected, 
 but the seat of Mr. Irwin was subsequently vacated by the 
 House, and Mr. McWilliams was admitted to it. 
 
 In Milwmilxee county Alanson Sweet and Gilbert 
 Knapp were elected to the Council, and to the House of 
 Representatives, William B. Sheldon, Madison W. Corn- 
 wall, and Charles Durkee were elected. 
 
 In Cratvford county James H. Lockwood, and James B. 
 Dallam were elected members of the House of Representa- 
 tives. 
 
 No member of the Council was apportioned to this county 
 by the Governor, whereat a public meeting was held, said to 
 have been " the largest ever held in the county upon any 
 public occasion," at which resolutions were adopted, among 
 which was the following : 
 
 " Resolved, That in the exercise of our lawful rights, secured to us by the act organiz- 
 ing the Territory, we will at the approaching election vote for and elect a member to rep- 
 resent the county of Crawford in the Council, and demand that he be admitted to his seat 
 as such, relying upon the patriotism and intelligence of our fellow-citizens in the other 
 counties of the Territory, and of their representatives, with the confident belief that the 
 ' majesty of truth will triumph,'' that equal and impartial justice wiU be maintained, 
 and the laws of our country vindicated." 
 
 Thomas P. Burnett received almost the entire vote of the 
 county. 
 
 The petition of Mr. Burnett, claiming a seat in the Coun- 
 cil, was presented and referred to a select committee, which 
 reported that — 
 
 " The Council have no control of the case, the power to declare the number of mem- 
 bers of the Council to which each county is entitled belonging exclusively to the executive 
 as prescribed by the act of Congress for establishing the Territory of Wisconsin." 
 
 The report was accepted and the committee discharged, 
 and nothing more was heard of the matter. 
 
 The names and place of nativity of the first Legislative 
 Assembly, as organized, were as follows: 
 
 council. 
 
 Brown county — Henry S. Baird, Dublin, Ireland. 
 
 Brown county — John P. Armlt, Northampton countj-, Pennsylvania. 
 
 Des Moines county — Jeremiah Smith, Jr., Pickaway county, Ohio. 
 
 Des Moines county — Joseph B. Teas, Knox county, Tennessee. 
 
 Des Moines county — Arthur B. Inghram, Washington county, Pennsylvania 
 
 Dubuque county — Thomas McCraney. Delaware county, New York. 
 
22 i HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 Dubuque county — Thomas McKnight, Augusta, Virginia. 
 
 Dubuque county — John Foley, Waterford county, Ireland. 
 
 Iowa county — Ebenezer Brigham, Worcester county, Massachusetts. 
 
 Iowa county — John B. Terry, Duchess county, New York, 
 
 Iowa county — James R. Vineyard, Caldwell county, Kentucky. 
 
 Milwaukee county — Gilbert Knapp, Barnstable count}', Massachusetts. 
 
 Milwaukee county — Alanson Sweet, Genesee county, New York. 
 
 HOUSE OF REPRESENTATIVES. 
 
 Brown county — Ebenezer Childs, Worcester county, Massachusetts. 
 
 Brown county — Albert G. Ellis, Oneida county. New York. 
 
 Brown county — Alexander J. Irwin, Westmoreland county, Pennsylvania. 
 
 Crawford county — James H. Lockwood, Peru, Clinton county. New York. 
 
 Cra-n'ford county — James B. Dallam, Hartford county, Maryland. 
 
 Des Moines county — Isaac Leffler, Washington county, Pennsylvania. 
 
 Des Moines county —Thomas Blair, Bourbon county, Kentucky. 
 
 Des Moines county — John Box, Claiborne county, Tennessee. 
 
 Des Moines county —George W. Teas, White county, Tennessee. 
 
 Des Moines county — David R. Chance, Madison county, Kentucky. 
 
 Des Moines county —Warren S. Jenkins, Hardin county, Kentucky. 
 
 Des Moines county — Eli Reynolds, Washington county, Pennsylvania. 
 
 Dubuque county— Loring Wheeler, Cheshire county. New Hampshire. 
 
 Dubuque county — Hardin Nowlin, Monroe county, Illinois. 
 
 Dubuque county — Plosea T. Camp, Jackson county, Georgia. 
 
 Dubuque county —Peter Hill Engle, Delaware county, Pennsylvania. 
 
 Dubuque county — Patrick Quigley, Londonderry, Ii-eland. 
 
 Iowa county — William Boyles, Green county, Pennsylvania. 
 
 Iowa county — George F. Smith, Wilkes county. North Carolina. 
 
 Iowa county — Daniel M. Parkinson, Carter county, Tennessee. 
 
 Iowa county — Thomas McKnight, Spartenberg coimty. South Carolina. 
 
 Iowa county — Thomas Shanley, South Carolina. 
 
 lowacounty — JamesP. Cox, Philadelphia coimty, Pennsylvania. 
 
 Milwaukee county — WilUam B. Sheldon, Providence, Rhode Island. 
 
 Milwaukee county — Madison W Cornwall, Monroe county, Virginia. 
 
 Milwaukee coimty— Charles Durkee, Royalton, Windsor county, Vermont. 
 
 Both houses convened on the day appointed by the Gov- 
 ernor (October 25), and a quorum being present in each 
 house they were duly organized, the oath having been 
 administered by the Governor. 
 
 In the council Henry S. Baird was elected President, 
 Edward McSherry, of Mineral Point, was elected Secre- 
 tary, and William Henry, of Mineral Point, Sergeant-at- 
 Arms. 
 
 In the House of Representatives, Peter Hill Engle was 
 elected Speaker, Warner Lewis, of Dubuque, Chief Clerk, 
 and Jesse M. Harrison, Sergeant-at-Arms. 
 
 On the second day of the session the Governor delivered 
 his message in person, to the two houses jointly assembled. 
 
TERRITORY OF WISCONSIN IN 1836. 225 
 
 The message recommended early action in defining tlie 
 jurisdiction and powers of the several courts, dividing the 
 territory into judicial districts and prescribing the times 
 and places of holding courts. 
 
 It recommended a memorial to Congress for extending 
 the right of pre-emption to settlers on the public lands, and 
 to miners for their mineral lots, and expressed the opinion 
 that the "price of the public lands should be reduced and 
 graduated according to the value of the land" and that "the 
 public interest would be greatly promoted by the establish- 
 ment of a Surveyor General's office within the Territory." 
 
 It recommended a memorial to Congress asking an appro- 
 priation of two hundred and fifty thousand dollars for the 
 completion of the work of the removal of the obstructions in 
 the rapids of the Upper Mississippi for which forty thousand 
 dollars had been appropriated at the last session of 
 Congress. Also an appropriation sufficient to cover the ex- 
 pense of surveying all the necessary harbors on Lake Mich- 
 igan and the construction of such habors and light-houses at 
 the most eligible situations for the security and protection 
 of our lake trade. Also for the survey of the Fox river 
 from Green Bay to Fort Winnebago. 
 
 The following passage is interesting, as showing the ideas 
 of the Governor at that day on the subject of internal im- 
 provements in the Territory: 
 
 "The improvement of the navigation of the Rock rivei- 1 consider a subject of vital 
 importance to the future prosperity of this Territory. This river waters a large extent of 
 fertile coimtry ; a small appropriation by Congress would be suflflcient to remove the obstruc- 
 tions in its navigation. It is known that from the outlet of the Four Lakes, that discharges 
 itself into the Rock, the distance to Rock river does not exceed twelve miles by land, and 
 trom the Fourth Lake it is not more than sixteen miles to the Wisconsin river. Indians 
 uave trequently descenaea in canoes, in high water, fi-om the Fourth Lake to the Wis- 
 consin river. The great advantage of this inland communication must be apparent; it 
 would greatly enhance the value of the national domain in that part of the Territory, and 
 mcrease the value of lands pm-chased by individuals from the government. 
 The construction of a railroad, commencing at some suitable point on the Mississippi, in 
 this Territory, passing through the mining country to Rock river and direct to Lake Michi- 
 gan, is a subject of great interest to the citizens of this Territory, who have strong claims 
 on the patronage of the government in granting a donation in land for that important 
 purpose." 
 
 The message recommended 
 
 'The propriety of asking from Congress a donation of one township of land, to be sold 
 and the proceeds of the sale placed under the direction of the Legislative Assembly. Tor 
 the establishment of an academy for the education of youth." 
 15 
 
2;:G history of the territory of WISCONSIN. 
 
 A considerable portion of the message was devoted to the 
 subject of " organizing and arming the militia." which the 
 Governor regarded as '* of great interest to the future peace 
 of the people of the Territory." 
 
 Mounted riflemen were recommended as " the most effi- 
 cient troops for the protection and defense of our frontier 
 settlements;" one company composed of sixty men besides 
 officers, was recommended to be organized by law in each 
 county, to be uniformed and required to muster once during 
 €ach month, and held at all times in readiness to take the 
 field. The justice and propriety of asking of Congress a de- 
 posit of three thousand stand of arms — one half rifles and 
 the remainder muskets — for the use of the citizens in the 
 event of an Indian war, with fixed ammunition prepared 
 sufficient for a campaign of four months, was recommended. 
 Also four light brass field pieces (three pounders) fixed on 
 carriages, with a supply of fixed ammunition for them. 
 
 No law was passed for " organizing and arming the mili- 
 tia," no companies of mounted riflemen were organized, no 
 " arms" or " field pieces" were deposited by the Government, 
 and no " Indian war" occurred to demonstrate the wisdom 
 of these preparations for such an event. 
 
 The Governor voluntarily divested himself of the abso- 
 lute negative given him by the organic act, so far as related 
 to the permanent location of the seat of government, by the 
 declaration with which his message concluded, in these 
 words: 
 
 " I deem it proper to state that my assent will be given to its location at any point where 
 a majority of the representatives of the people agree it will best promote the public good." 
 
 The appropriation " to defray the expenses of the Legis- 
 lative Assembly," approved May 9, 1836, was only $9,400. It 
 was estimated by the finance committee that the actual ex- 
 penses of the session would be $18,980, leaving a deficit of 
 $9,580. The actual deficit was $15,730.16. 
 
 To meet this deficit an act was passed November 15, 1836, 
 authorizing the Secretary of the Territory to borrow such 
 sum as might be wanted to defray the expenses of the 
 session, not to exceed $10,000. The Secretary was not able 
 to make the loan, and the act was repealed December 8th. 
 In the meantime, a joint resolution adopted December 3rd, 
 by, which John Atohinson, Esq., was appointed Fiscal 
 Agent, contained a pledge 
 
 "That all advances of money made by him, should be refunded to bun out of such 
 money as might thereafter be appropriated by Congress." 
 
TERRITORY OF WISCONSIN IN 1836. 237 
 
 The llrst act of this session was one which privileged the 
 members from arrest and conferred upon them authority to 
 punish for contempt. 
 
 The next act divided the Territory into three judicial dis- 
 tricts, and made an assignment of one of the three judges 
 to each district. Crawford and Iowa counties constituted 
 the first district, to which the chief justice was assigned; 
 Dubuque and Des Moines the second to which Judge Irvin 
 was assigned, and Judge Frazer was assigned to the third, 
 consisting of Milwaukee and Brown counties, The act 
 provided that two terms of the district courts should be held 
 annually in each of the counties, and prescribed the times 
 for the commencement of the terms in the several counties. 
 Subsequently another act was passed authorizing the judges 
 to appoint clerks of the courts previous to the holding of 
 the first term. 
 
 Three banks were incorporated — the Miners' Bank of Du- 
 buque, the Bank of Mineral Point and the Bank of Mil- 
 waukee, ^11 of which were organized and went into 
 operation, and all failed and became utterly bankrupt, as 
 did also the Bank of "Wisconsin at Green Bay, which was 
 incorporated in 1835 by the Legislative Council of Michigan 
 Territor}^ The loss sustained by the community by the 
 failure of the Bank of Mineral Point was over $200,000. 
 
 All the territory south and east of the Wisconsin and Fox 
 Rivers was subdivided into counties, the boundaries of 
 which were mainly like those of the existing counties, ex- 
 cept that Kenosha has been formed from Racine; Waukesha 
 from Milwaukee; Ozaukee from Washington; Green Lake 
 from IVIarquette and La Fayette from Iowa. Columbia 
 county was called Portage. In most of the counties the 
 county seats were established at the same session. These 
 questions, however, did not create much discussion or ex- 
 citement in the Legislative Assembly, as the questions, 
 where any existed, had been mainly decided at the elec- 
 tions, and the members had only to give effect to the 
 expressed will of those citizens by whom they had been 
 elected. 
 
 The great and paramount question of the session was the 
 location of the seat of government. To this all others were 
 subordinate and made subservient. The wild sj^irit of spec- 
 ulation, which in the earlier part of the year 1836 had, like a 
 tornado, swept over the whole country, and which, having 
 
228 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 invaded and unsettled the prices of every species of persona 1 
 property, seized upon the unsold public domain, which was 
 transferred by millions of acres from the control of the Gov- 
 ernment and the occupation of the settler, to the dominion 
 of the speculator, although on the wane in the last months 
 of that year, was still omnipotent, and exerted a marked 
 influence upon many of the members of the Belmont Legis- 
 lature. 
 
 Numerous speculators were in attendance with beautiful 
 maps of prospective cities, whose future greatness was por- 
 trayed with all the fervor and eloquence which the excited 
 imaginations of their proprietors could display. Madison, 
 Belmont, Fond du Lac, and Cassville were the points which 
 were most prominently urged upon the consideration of the 
 members. Hon. James Duane Doty, afterward a delegate 
 in Congress and Governor of the Territory, and inore re- 
 cently Governor of Utah, where he died, had resided many 
 years at Green Bay as additional Judge of Michigan Terri- 
 tory. His frequent journeys in discharge of his judicial 
 duties, in the different parts of the Territory, had rendered 
 him familiar with its geography and topography, and had 
 given him superior advantages for judging of the eligibility 
 of different points as sites for the capital of the Territory 
 and future State. Judge Doty fixed upon the isthmus be- 
 tween the third and fourth of the Four Lakes, and in con- 
 junction with Stevens T. Mason, the Governor of Michigan 
 Territory, purchased from the Government about one thou- 
 sand acres in sections 13, 14, 23, and 24, upon the common 
 corner of which the capital now stands. Upon this tract of 
 land a town plat was laid out, called Madison, and under 
 the auspices of its founder became a formidable competitor 
 for the honor and advantages of being selected as the seat 
 of government. Madison town lots in large numbers were 
 freely distributed among members, their friends, and others 
 who were supposed to possess influence with them. 
 
 Nearly four weeks were spent in skirmishing outside the 
 legislative halls, when on the 21st of November, the battle 
 was formally opened in the Council, and the bill considered 
 in committee of the whole until the 23d, when it was reported 
 back in the form in which it became a law, fixing 
 upon Madison as the seat of government, and providing that 
 the sessions of the Legislative Assembly should be held at 
 Burlington, in Des Moines county, until March 4, 1839, unless 
 
TERRITORY OF WISCONSIN IN 1836. 229 
 
 the public buildings at Madison should be sooner completed. 
 When the bill was reported back by the committee of the 
 whole, and was under consideration in the Council, where 
 the ayes and noes could be called, a spirited attack was made 
 upon it, and motions to strike out Madison and insert some 
 other place were successively made in favor of Fond du 
 Lac, Dubuque, Portage, Helena, Milwaukee, Racine, Bel- 
 mont, Mineral Point, Platteville, Green Bay, Cassville, Belle- 
 view, Koshkonong, Wisconsinapolis, Peru, and Wisconsin 
 City; but all with one uniform result — ayes 6, noes 7; and 
 the bill was by the same vote ordered engrossed, and the next 
 day passed the Council, 
 
 The members of the Council who had voted for the bill, 
 and, of course, in favor of Madison as the permanent seat 
 of government, were Messrs. Arndt, Brigham, Inghram, 
 Sweet, Smith, Terry and Teas; and those who voted 
 against it were Messrs. Foley, Knapp, McKnight, McCra- 
 NEY, Vineyard and Baird (Pres't). 
 
 A protest signed by all who voted against it, except Mr. 
 Vineyard, was afterwards presented, but the Council re- 
 fused to receive it. 
 
 In the House of Representatives the opposition was not 
 so formidable, and on the 38th the bill was ordered to a 
 third reading by a vote of IG to 10 and passed the same day.. 
 Those who voted for the passage of the bill were Messrs. 
 Blair, Box, Boyles, Chance, Cornwall, Cox, Durkee 
 Jenkins, Leffler, Lockwood, McKnight, Parkinson 
 Reynolds, Shanley and Teas. Those who voted against it 
 were Messrs. Camp, Childs, Dallam, Ellis, Irwin, Now- 
 LiN, Quigley, Sheldon, Smith, Wheeler and Engle, 
 (Speaker). 
 
 The speaker, in his farewell address to the House, thus 
 alluded to this measure: 
 
 "There has been one subject settled of more than ordinary interest — it has elicited all 
 the ingenuity, tact and talent of the House in debate, and some asperity of feeling. It has 
 been a measure of such absorbing interest, as to color, in a degree, the other proceedings 
 of this body. I have been in the minority on this question; my votes will be found on the 
 side of those who ardently resisted the course that question has taken." 
 
 On the 31st of October the President laid before the Coun- 
 cil a communication from the Secretary of the Territory 
 accompanied with " a great seal of Wisconsin Territory " 
 and an impression thereof. 
 
 The seal was 2i inches in diameter. Upon the scroll, sur- 
 mounting the seal are the words " Great Seal of Wisconsin." 
 
230 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 A miner's arm projects from the left;, grasping a pick and 
 suspending it over a pile of lead ore. Under the base line 
 are the words " 4th day of July, Anno Domino, 1836." 
 
 Memorials to Congress were adopted asking for aid to 
 construct a railroad from Lake Michigan to the Mississippi 
 River; requesting that three thousand stand of arms — half 
 rifles and half muskets^ one thousand pistols, and four 
 light field pieces, be deposited within the Territory for the 
 use of the citizens; asking a small appropriation to defray 
 the expense of surveying a canal from the mouth of the 
 Sheboygan River to the head of Lake Winnebago; also for 
 an appropriation of eight thousand dollars 
 
 " For the purjiose of opening a road from Fort "Winnebago to intersect tlie military road 
 leading from Green Bay to Chicago, at the most eligible point between tlie mouth of the 
 Milwaukee River and the northern boundary line of the State of Illinois;" 
 
 to complete the opening and building of which military 
 road already surveyed, an appropriation of the necessary 
 sum was asked. An appropriation was also asked for 
 a wagon road from Milwaukee via Madison to the Mississ- 
 ippi River, Another memorial was adopted asking the fol- 
 lowing appropriations for internal improvements: 
 
 For the improvement of the harbor and construction of 
 a light house at Milwaukee, thitty thousand dollars; 
 
 At Racine twenty-six thousand dollars; 
 
 At the mouth of Pike River (Kenosha) six thousand five 
 hundred dollars; 
 
 At the mouth of Sheboygan River, twenty-five thousand 
 dollars; 
 
 At the mouth of Manitowoc River, twenty -five thousand 
 dollars; 
 
 At the mouth of Kewaunee River, twelve thousand dollars; 
 
 At the mouth of Twin Rivers, six thousand, four hundred 
 dollars; 
 
 For the construction of a pier and beacon light at Long 
 Tail Point at the head of Green Bay, twenty thousand dol- 
 lars, and six hundred dollars for buoys to mark the ship 
 channel from thence to the mouth of Fox River; the sum of 
 twenty-five thousand dollars for the improvement of Fox 
 River; and the sum of two thousand dollars for the survey 
 of the Wisconsin River, and the sum of one thousand dol- 
 lars for the survey of Rock River. An appropriation of 
 two hundred and fifty thousand dollars was asked for the 
 improvement of the rapids of the Mississippi River. 
 
TERRITORY OF WISCONSIN IN 1836. ;,^3i 
 
 A memorial was also adopted asking far the passage of a 
 pre-emption law. 
 
 An act prescribing the manner of approving sheriffs' 
 bonds and one defining the duties of coroners were 
 passed. 
 
 A general law was passed to provide for the incorpora- 
 tion of towns and villages. 
 
 A law authorizing the construction of a bridge across 
 the Milwaukee River from Oneida to Wells street was 
 passed which encountered much opposition in Milwaukee. 
 
 An act was passed which provided that the county seat 
 of Brown county should be established either at Navarino, 
 Astor, or Depere as might be decided by a vote of the qual- 
 ified electors. 
 
 The supervisors were empowered to grant licenses in 
 their respective counties for the sale of intoxicating liquors. 
 
 Three territorial roads were authorized to be laid out at 
 the expense of the several counties through which they 
 run : 
 
 From Janes's ferry through Rockford, Centerville, New 
 Mexico and White Oak Springs to the Mississippi river. 
 
 From Milwaukee via Madison to the Blue Mounds. 
 
 From the mouth of Pike Creek by way of the fork of 
 White and Fox rivers to the Rock river at Janesville. 
 
 The only railroad charter granted out of the many that 
 were desired was one for the construction of a railroad from 
 "Belmont in Iowa county to the nearest and most eligible 
 point on the Mississippi river," with "power to extend the 
 railroad from Belmont to Mineral Point and from thence to 
 Dodgeville." 
 
 The act establishing the seat of government provided that 
 three commissioners should be elected by joint ballot of the 
 Council and House of Representatives, whose duty it was to 
 cause the necessary public buildings to be erected at Madi- 
 son. In pursuance of this law, James D. Doty, John F. 
 O'Neil and Augustus A. Bikd were elected. 
 
 By a joint resolution, John M, Clayton and Lewis F. 
 Linn, senators, George W. Jones, delegate in Congress, 
 and Peter Hill Engle, speaker, were appointed a commit- 
 tee to select and purchase a library for the use of the Ter- 
 ritory, and for that purpose were authorized to draw the 
 money appropriated therefor by the organic act. 
 
 A proposition was made for a commission to codify the 
 
232 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 laws, but the opinion was prevalent that the Territory 
 would soon be divided, so that this and other propositions of 
 a kindred character, met with but little favor. 
 
 The first Legislative Assembly, having enacted that the 
 annual sessions should thereafter be held on the first Mon- 
 day of November, adjourned sine die on the 9th day of De- 
 cember, having been in session 46 days, and passed 42 laws, 
 about one-half of which were of a private nature. 
 
 It was provided by the organic act that "the Governor 
 shall nominate and by and with the advice and consent of 
 the Council shall appoint all judicial officers, justices of the 
 peace, sheriffs and all militia officers (except those of the 
 staff), and all civil officers not herein provided for." A 
 large number of appointments were made by the Governor 
 and Council, of which a few are mentioned: 
 
 Brown county. Barlow Shackleford, District Attorney. 
 
 Crawford county. William Wilson, sheriff; James H. 
 LocKWOOD, Judge of Probate. 
 
 loiva county. Justus De'Seelhorst, Sheriff; Hugh E. 
 Colter, Judge of Probate. 
 
 Grant county. Joseph H. D. Street, Sheriff; John H. 
 Rountree, Judge of Probate. 
 
 Milwaukee county. Owen Aldridge, Sheriff; William 
 Campbell, Judge of Probate. 
 
 Racine county. Edgar R. Hugunin, Sheriff; William 
 BuLLEN, Judge of Probate. 
 
 Surveyors, masters in chancery, supreme court com- 
 missioners, auctioneers,- numerous justices of the peace 
 and notaries public were appointed in all the counties; as 
 well those newly organized as the six old counties. 
 
 No attempt to preserve the debates in either House on 
 any subject is made, but it is thought the following extracts 
 from the verbatim report in the Belmont Gazette, of the re- 
 marks of Mr. Chance, a member of the House from Des 
 Moines county, justify a reproduction. He is reported as 
 having said 
 
 " Mr. Chairman: I have waited patiently, till the doctors and lawyers got through, to 
 make a speech on the location of the seat of government. I was raised in the wiles of 
 Ellinois, and us't to wear a leather huntin' shirt and sleep under a buffalo rug. I was 
 edicated in the woods. The yearly part of my life was spent in trackin' Ingens; but it is 
 harder tracken these gentlemen. We have envited the gentlemen to come up to the troft, 
 and argy the question on its merits, but as the Yankee said, they squerm, and won't come 
 up to the rack. 
 
 Mr. Chairman, we are honest men from Des Moines; we are not to be bought or sold. 
 
TE^RRITORY OF WISCONSIN IN 1836. 233 
 
 I have no town property in the Territory of Wisconsin, only some marked out in 
 the town of Wapello and want to sell them. We are willin' to meet the opposers of this 
 bill on this floor, on its merits, and at the bar of the great day. 
 
 Mr. Chairman, in all legislative bodies there is a majority and a minority; the minority, 
 imfortunit critters, are siu-e to kick up and bellow. It puts me in mind of the little boy's 
 swearin. The cattle came up one evening bellowin; the little boy ran to his mother and 
 said, " Mother let me swear at the cattle?" " Begone you httle rascal," was the reply. He 
 came the second time and the mother, becoming desirous to hear what he would say, gave 
 him Uberty. He ran out, got on the fence and said " bellow on you devils." 
 
 The Supreme Court of the Territory held its first session 
 at Belmont on the 8th of December. Present, Charles 
 Dunn, Chief Justice, and David Irvin, Associate Justice. 
 Judge Frazer was not present. 
 
 John Catlin was appointed clerk and Thomas P. Bur- 
 nett, reporter. 
 
 The following- gentlemen were admitted to the bar: Henry 
 S. Baird, Peter Hill Engle, David G. Fenton, James 
 Duane Doty, James B. Dallam, Thomas P. Burnett, 
 William W. Chapman, Lyman I. Daniels, Barlow 
 Shackleford, Wm. N. Gardner, Hans Crocker, Joseph 
 Teas, William Smith, James H. Lockwood, James Nagle 
 and John S. Horner. 
 
 The first newspaper in Milwaukee — the Mihvmikee Adver- 
 tiser — was established at Milwaukee July 14, 1836, by 
 Daniel H. Richards, publisher and editor. It was a six- 
 column paper of four pages, the form being 18^ inches by 14 
 inches. The terms of subscription were $3.00 per annum, 
 payable in advance. 
 
 The Belmont Gazette was published at Belmont by James 
 Clarke and John B. Russell; the first number appeared 
 October 25, 1836. It had four pages 21 inches by 14 inches, 
 six columns to a page. After the adjournment of the Legis- 
 lature its size was reduced to 10^ inches by 10 inches, with 
 only four columns to a page. Its publication was continued 
 at Belmont until April, 1837, when it was removed to Bur- 
 lington. 
 
 This, it is believed, presents a compendium of the most 
 important events occurring in 1830, the first year of the ex- 
 istence of the new Territory of Wisconsin. 
 
234 HISTORY OF THE TERRITORY OF WISCONSIN.* 
 
 CHAPTER XVIII. 
 
 TERRITORY OF WISCONSIN IN 1837. 
 
 During the twelve years of the political existence of Wis- 
 consin under its new and final territorial form of govern- 
 ment, the proceedings of the Congress of the United States, 
 in relation to matters affecting its welfare, were of especial 
 interest to its inhabitants. 
 
 It is true that by the organic law a local legislature was 
 provided, the power of which extended to all rightful sub- 
 jects of legislation, but with the qualification that — 
 
 "All the laws of the Governor and Legislative Assembly shall be submitted to, and if 
 disapproved by the Congress of the United States, the same shall be null and of uo 
 efCect." 
 
 A further limitation was that no session in any year 
 should exceed seventy-five days. 
 
 The expenses of the Legislative Assembly, as well as the 
 compensation of the Governor, Secretary, Judges, and all 
 United States officers of the Territory were to be paid by 
 appropriations made by Congress, and the chief interest in 
 its proceedings was directed to bills making appropriations 
 for these objects as well also as for the survey and improve- 
 ment of harbors, the erection of light-houses, and the sur- 
 vey, opening, and construction of roads. 
 
 Another subject of congressional action in which the early 
 settlers, especially those between Rock river and the lake, 
 felt an interest paramount to any other, was the renewal 
 and extension to them of the provisions of the pre-emption 
 laws. 
 
 It was in the twenty-fourth Congress that the great ad- 
 vantage to the inhabitants of the newly established Terri- 
 tory of Wisconsin of being represented by a delegate elected 
 by themselves, and from among themselves, whose thoughts, 
 feelings, interests, and pioneer experiences were homogene- 
 ous with theirs, was first manifested. ■ 
 
 George Wallace Jones was born near the beginning of 
 the nineteenth century in the State of Missouri. His father 
 was a prominent member of the convention which framed 
 the first constitution of that State, and one of the judges of 
 the Supreme Court. The son having been graduated at the 
 
TERRITORY OF WISCONSIN IN 1837. 235 
 
 Transylvania University of Kentucky, studied law, and was 
 admitted to the bar in 1826. But the slow-going town of 
 Cape Girardeau, and the limited opportunities which it fur- 
 nished in the practice of law for the exercise of his energetic 
 faculties, could not long retain the genius it had reared. In 
 1827 he migrated to the lead mines of the Upper Mississippi, 
 and located at Sinsinawa Mound, in the southwestern town- 
 ship of Wisconsin, where he successfully engaged in mining 
 and smelting. He took an active part in the Black Hawk 
 war in 1832 as the aid de camp of Gen. Henry Dodg^., and 
 filled various civil offices, among which was that of judge 
 of the county court of Iowa county. 
 
 Gen. Jones having in 1835 been elected delegate in Con- 
 gress to represent the " contingent remainder" of the old 
 Michigan Territory, served as such during the first session 
 of the twenty-fourth Congress, and was elected as the first 
 delegate from the new Territory of Wisconsin, by a vote 
 nearly unanimous in every county except Iowa, where, for 
 reasons already given, the vote was divided nearly equally 
 between him and Moses Meeker, his only opponent. 
 
 The commencement of the year 1837 found the newly- 
 elected delegate at his post in the House of Kepresentatives, 
 fortified in the successful discharge of his duties by ^fresh 
 indorsement of a newly-created constituency. His oppor- 
 tunities, which he had well improved during the preceding 
 session, had given him an extensive acquaintance with the 
 members of that Congress, and he was able, not by his much 
 speaking, nor by rhetoric or oratory, but by a kind and 
 amiable temper, a fascinating and persuasive manner, an 
 untiring industry and perseverance, a clear and forcible 
 presentation of tlie wants and needs, as well as the just 
 claims of his constituents, to secure an early and favorable 
 consideration of the various measures proposed to promote 
 their welfare. 
 
 One of the most important and effective means to secure 
 such favorable action; especially when such a continuous 
 contest for the precedence of business is ever going on; and 
 which was largely due to his indefatigable labors, was to 
 induce the House to set apart a specific time for the consid- 
 eration of bills affecting the territories. 
 
 Of all the members of the 24tli Congress none was more 
 devoted to the interests of Wisconsin than Lewis F. Linn, 
 one of the senators from Missouri. He was the half brother 
 
23G HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 of Gov. Dodge, and upon all occasions was watchful for 
 and attentive to every measure affecting the Territory of 
 which his kinsman was the chief executive officer. 
 
 On the 19th of December, he introduced a series of resolu- 
 tions which were adopted by the Senate, giving instructions 
 to different committees as follows: 
 
 The committee on public land to inquire into the expe- 
 diency of establishing a Surveyor General's office for 
 Wisconsin Territory; also of appropriating for the purpose of 
 constructing roads and bridges in the Territory, the value of 
 all rent lead received at the United States lead mines on the 
 upper Mississippi river; also of making appropriations in 
 land and in money for the construction of roads in the Ter- 
 ritory of Wisconsin from Lake Michigan to the Mississippi 
 river through the United States lead mines. 
 
 The committee on commerce to inquire into the expedi- 
 ency of improving harbors and constructing light houses on 
 the coast of Lake Michigan, in the counties of Milwaukee 
 and Brown, and of constructing a pier and beacon light at 
 the head of Green Bay, and of placing buoys in its channel; 
 also of amending the act of July 2, 1836, laying off certain 
 towns in Wisconsin. 
 
 Th^ committee on Indian affairs to inquire into the expe- 
 diency of appropriating money to hold treaties with and the 
 purchase of the land belonging to the Sac and Fox, Sioux, 
 and Winnebago Indians and to provide for their removal 
 west of the Mississippi River. 
 
 Several of thqse measures received the favorable action of 
 Congress, 
 
 The first act of the second session of the 24th Congress 
 possessing any special interest to the people of Wisconsin, 
 was "An act to admit the state of Michigan into the Union, 
 upon an equal footing with the original states" approved 
 January 26, 1837. 
 
 This act was the final consummation of the compromise 
 of the serious question of boundary between Ohio and 
 Michigan. A compromise which was a flagrant violation 
 of the fifth of the "articles of compact," which by the ordi- 
 nance of July 13, 1787 (older than the constitution itself) 
 were to "forever remain unalterable, unless by common con- 
 sent." By this compromise, the northern peninsula (so 
 called) lying between Lakes Superior and Michigan and 
 bounded on the southwest by the Menomonee river of Green 
 
TERRITORY OF WISCONSIN IN 1837. ^37 
 
 Bay and the Montreal river of Lake Superior, and contain- 
 ing about one third of the territory naturally and properly 
 belonging to Wisconsin (the fifth state of the Northwest 
 Territory), was given to the state of Michigan, as a compen- 
 sation for the small strip, ''north of an east and west line 
 drawn through the southerly bend or extreme of Lake 
 Michigan" of which she had been robbed in the establish- 
 ment of the boundaries of the state of Ohio. 
 
 The act recited, that whereas in pursuance of an act of 
 Congress of June 15, ISoG, 
 
 "A convention of delegates elected by the people of the said state of Michigan for the 
 sole purpose of giving their assent to tlie boundaries of the said state of Michigan as de- 
 scribed, declared and established in and by the said act, did on the 15th day of December, 
 1836, assent to the provisions of said act, therefore" it was enacted '" that the said state of 
 Michigan shall be one and is hereby declared to be one of the United States of America, 
 and admitted into the Union on an equal footing with the original states, in all respects 
 whatever." 
 
 This act was an outrage upon all geographical propriety 
 and upon the inchoate rights of boundary which the people 
 of the State of Wisconsin were in the near future to possesl. 
 But these considerations were of no avail, and this unjust 
 measure of infringement upon the boundaries of the future 
 State of Wisconsin was consummated. 
 
 On the 3d day of September, 1830, a treaty was negotiated 
 at Cedar Point, on Fox River, near Green Bay, between 
 Hexry Dodge, Governor of the Territory and Commissioner 
 on the part of the United States, on the one part, and the 
 chiefs and head men of the Menomonee nation of Indians 
 of the other part, which was ratified by the President of the 
 United States, by and with the advice and consent of the 
 Senate, on the loth day of February, 1837. 
 
 By this treaty the Menomonee nation ceded to the L'nited 
 States two separate tracts of territory. One embraced all 
 the country between Green Bay and Fox River on the east 
 and southeast, and the Wolf River on the south, southwest 
 and west, the northern portion of the boundary being a line 
 extended northeastwardly from the Wolf to the upper forks 
 of the Menomonee River, The northern boundary extended 
 from the upper forks of the Menomonee River to the Esca- 
 naba River, thence following that river to its mouth in the 
 Bay de Noquet. This tract was estimated in the treaty at 
 four million acres, and embraced a portion of Michigan as 
 well as Wisconsin. 
 
238 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 The other tract ceded began at a point on the Wisconsin 
 River a short distance below Grand Rapids, in Wood 
 county, — 
 
 "Thence running up and along said river forty-eight miles in a direct line, and being 
 •three miles in width on each side of the river." 
 
 The Indians agreed to remove from the ceded country 
 within one year after the ratification of the treaty. 
 
 In consideration of this cession the United States agreed 
 to pay to the Menomonees annually for the term of twenty 
 years, the sum of twenty thousand dollars in money, three 
 thousand dollars worth of provisions, five hundred dollars 
 per year for farming utensils, cattle or implements of hus- 
 bandry, two thousand pounds of tobacco and thirty barrels 
 of salt per annum; to appoint and pay two blacksmiths, 
 erect two blacksmiths' shops, and supply them with the 
 necessary iron, steel and tools. Also to pay the debts of the 
 Indians according to a schedule annexed to the treaty, 
 amounting to about one hundred thousand dollars. 
 
 To the "relatives and friends of mixed blood" of the In- 
 dians, eighty thousand dollars. 
 
 And the further sum of seventy-six thousand dollars in 
 consideration of the release of the United States from cer- 
 tain provisions of certain former treaties. 
 
 The total amount of the sums agreed to be paid by the 
 United States would amount, during twenty years, to but 
 little, if any, less than eight hundred thousand dollars. 
 
 There was appropriated by act of Congress of March 3, 
 1837, for carrying this treaty into effect the sum of two 
 hundred eighty- eight thousand, five hundred and forty 
 dollars. 
 
 Some other Indian treaties were negotiated during the 
 year 1837, but as they were not ratified until the subsequent 
 year, they are not here noticed. 
 
 The civil and diplomatic appropriation act, of March 3, 
 1837, contained an appropriation "for arrearages for the 
 expenses of the Legislative Assembly for the year 1836, 
 fifteen thousand, seven hundred and thirty dollars and six- 
 teen cents," which discharged all the obligations of the terri- 
 torial government. 
 
 The same contained an appropriation of nine thousand, 
 one hundred dollars "for compensation of the Governor, 
 Judges and Secretary." 
 
TERRITORY OF WISCONSIN IN 1837. 239 
 
 It also contained in different parts of the act, two sepa. 
 rate appropriations for apparently similar objects. One is 
 
 " For contiDRent expenses aud compensation of the memljers of the Legislative As- 
 sembly and printing of the laws, nine thousand, seven hundred and fifty dollars."' 
 
 The other is " for the expenses of the Legislative Assembly for the year one thousand, 
 eight hundred and thirty-seven, thirty-six thousand, seven hundred aud sixty-five 
 dollars." 
 
 It was provided by an act of Congress approved July 2, 
 1836, that the tracts of land, not to exceed one entire sec- 
 tion, including the towns of Fort Madison, Burlington, 
 Belleview, Dubuque, Peru and Mineral Point, should under 
 the direction of the Surveyor General, be laid off into lots, 
 streets, avenues and public squares, and into out lots, and 
 offered at public sale to the highest bidder. The lots were 
 to be classified into three classes, the minimum price of 
 which was to be forty dollars per acre for the first class, 
 twenty for the second and ten for the third, and no lot to be 
 sold for less than five dollars. Occupants of lots were to 
 have a right of pre-emption. 
 
 By an amendatory act passed at the next session, ap- 
 proved March 3, 1837, it was provided that the acts and 
 duties required to be done and performed by the Surveyor 
 General, should be done by a board of three commissioners 
 to be appointed by the President. They were to hear and 
 determine all pre-emption claims and to receive a compen- 
 sation of six dollars per day, to be paid out of the proceeds 
 of the sales of lots. All the residue of the money arising 
 from the sales of lots, after paying the commissioners and 
 the other expenses incident to the survey and sale, was to 
 be paid over to the trustees of the respective towns. 
 
 It was under this act that titles to lots in the city of Min- 
 eral Point are held, except to certain portions, which had 
 been sold by the United States before the passsage of the act 
 of July 2, 1836. 
 
 While it was provided by the law organizing the Territory 
 that laws of the Territory should be submitted to, "and if 
 disapproved by Congress, should be null and of no effect," 
 there was another act of Congress approved July 1, 1836, 
 which prescribed in affirmative terms — 
 
 "That no act of the Territorial Legislature of any of the territories of the United States 
 incorporating any bank or any institution, with banking powers or privileges hereafter 
 passed, shall have any force or effect whatever, until approved and confirmed by Con- 
 gress." 
 
2-10 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 To comply with the requirements of this act, the delegate 
 obtained the passage of an act which then appeared to be in 
 accordance with the general desire of the people, that the 
 three acts of the Territorial Legislature, incorporating 
 the Bank of Milwaukee, the Miners' Bank of Dubuque, and the 
 Bank of Mineral Point, be approved and confirmed on cer- 
 tain conditions expressed in the act which was passed 
 March 3, 1837. 
 
 In the act making appropriations for building light houses, 
 light boats, beacon lights, etc., for the year 1837, were in- 
 serted the following appropriations for the Territory of 
 Wisconsin: 
 
 "For erecting a light house at the mouth of Milwaukee River, five thousand dollars; for 
 erecting a light house at the mouth of the Manitowoc River, five thousand dollars; for a 
 lighthouse at Chipewagan (Shebo3-gan), five thousand dollars; for erecting a lighthouse 
 at the entrance of Grteu Bay, five thousand dollars; for ej-ecting a light house at Root 
 River, five thousand dollars."'' 
 
 The pre-pemption laws were not extended or renewed. A 
 bill for this purpose passed the Senate and was defeated in 
 the House, but even this bill required occupancy of and res- 
 idence on the tract before the 1st of December, 1836, and 
 cultivation within the year 1836, so that if it had passed it 
 would have been practically valueless to the great mass of 
 those who had made "claims" in the district of lands subject 
 to sale at Milwaukee. This land district included the pres- 
 ent counties of Kenosha, Racine, Milwaukee, Ozaukee, 
 Washington, Waukesha, Jefferson, Walworth, Rock, the 
 east range of townships in Green county, the four east 
 ranges in Dane county, the southern tier of towns in Colum- 
 bia county, and the two southern tiers in Dodge county, in 
 all about one hundred and fifty townships. 
 
 Twelve months before the adjournment of the Sith Con- 
 gress the population of this district probably did not amount 
 to five hundred. By the census taken in August, 1836, it 
 was nearly three thousand, and it 'is estimated that during 
 the next six months it had nearly doubled, and that by the 
 1st of March, 1837, it was but little, if any, less than six 
 thousand. 
 
 On the 27th of February, an anonymous notice was 
 given in the Milwaukee Advertiser and in hand-bills, that a 
 meeting of the people of Milwaukee, Washington, Jeffer- 
 son and Dodge counties would be held at the court house in 
 
TERRITORY OF WISCONSIN IN 1837. 241 
 
 Milwaukee on the 13th of March, " for the purpose of adopt- 
 ing such rules as will secure to actual settlers their claims on 
 principles of justice and equity " and stating that in the ab- 
 sence of pre-emption laws it was the duty of the settlers 
 " to unite for their own protection when the lands shall be 
 brought into market." 
 
 Before noon of the appointed day the number of settlers 
 assembled in response to this notice, astonished every one 
 present, and no one more than the settlers themselves. The 
 most reliable estimates placed the number at not less than 
 one thousand, while many thought it was much greater. 
 
 Nor was the meeting any less remarkable for the elevated 
 character of the men composing it, than for the magnitude 
 of its numbers. It was not a rabble of lawless "squatters," 
 but the men who have assisted in laying the foundation and 
 rearing the superstructure of our state, and who are entitled 
 to a large share of credit for its growth and prosperity, were 
 those who were assembled on this occasion to devise meas- 
 ures to protect their " claims " and improvements from being 
 sacrificed to the unconscionable greed of avaricious specu- 
 lators. 
 
 The very presence and determined resolution of this as- 
 semblage was an admonition to all such speculators that 
 any attempt to interfere with the rights of the settler would 
 be futile if not hazardous to personal safety, while the rules 
 and regulations adopted, whereby the right of occupancy 
 might be determined, were so well adapted to the end in 
 view that security of the occupancy of the public domain 
 for the purpose of permanent settlement and improvement, 
 appeared to be placed beyond doubt; and the inviolability 
 of settlers' claims made in good faith w^as made as certain 
 as it could have been by any pre-emption law. 
 
 The meeting was organized by the election of Samuel 
 HiNMAX, President; Samuel Sanburx and Sylvester Petti- 
 bone, Vice-Presidents and A. O. T. Beeed and I. A. Lapham, 
 Secretaries. 
 
 A committee of twenty-one was appointed to report rules 
 and regulations for the consideration of the meeting. The 
 committee was composed of Byron Kilbourn, Solomon Ju- 
 neau, Alfred Morgan, Alfred Orendorff, Henry Shew, 
 Luther Parker, Charles Everett, Enoch Chase, IST. F. 
 Hyer, John Manderville, Robert Masters, John S. Rock- 
 avell, John Howard, Dwight Foster, Alva Harrington, 
 
 16 
 
242 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 Thomas H. Olin, Nicholas Whalen, James Sandeeson, Jer- 
 emiah Putney and A. L. Barber. 
 
 After a recess of two hours the committee, by Byron Kil- 
 BOURN, reported rules and regulations for the consideration 
 of the meeting. 
 
 They were prefaced by a preamble which recited that the 
 settlers of Milwaukee county and the several counties 
 thereto attached had removed to and settled in that section 
 of country for the purpose of bettering their condition by 
 agricultural pursuits. 
 
 That the Congress of the United States, by the repeated 
 passage of pre-emption laws, had impressed them with a 
 reasonable belief that the same policy would continue to be 
 pursued for their benefit. 
 
 That the settlements in that section of the country had 
 been in great part so recently formed that a pre-emption law 
 containing such provisions as that reported during the late 
 session of Congress would not embrace the case of a large 
 number of meritorious settlers. That they could not witness 
 without emotion the sacrifice of their property and improve- 
 ments. 
 
 That in order to secure the fruits of their labors in a 
 peaceable and equitable manner it was necessary that cer- 
 tain fixed rules and regulations should be adopted by the 
 settlers, whereby the right of occupancy should be deter- 
 mined. Therefore it was resolved that they adopt and 
 would to the best of their ability sustain in full force of ob- 
 ligation the rules and regulations adopted. 
 
 These rules and regulations prescribed that any person 
 who had prior to that date made a claim on one or more 
 quarter sections, not exceeding in the whole one section, 
 and made improvements thereon equal to fifty dollars for 
 each quarter section, should have the right to retain such 
 claims, and the future right to make such claims was also 
 recognized; but such rights were subject to the right of im- 
 provement and cultivation in the mode and within the time 
 prescribed by the rules, which also contained definitions of 
 what constituted cultivation and improvement. 
 
 The rules provided for the appointment by the meeting of 
 a central executive committee of fifteen, whose duty it was 
 to fix the limits of the different precincts, the people in each 
 of which precincts were to appoint a judicial committee. 
 
TEERITORY OF WISCONSIN IN 1837. 043 
 
 Also for the appointment of a clerk of the committee and 
 a register of claims. 
 
 Eight or more members constituted a quorum of the com- 
 mittee, and a vote of a majority of the members present de- 
 cided all questions, including appeals. 
 
 The judicial committee in each precinct was to decide all 
 disputes between claimants in each precinct to the same 
 tract of land, subject to an appeal to the central executive 
 committee. All trials by either of said committees were to 
 be governed by the rules and regulations, and by the prin- 
 ciples of justice and equity. 
 
 It was provided that all existing claims should be entered 
 with the register of claims, and that any one not entered 
 by the first day of May should be considered as no claim, 
 and might be occupied by any person who might choose to 
 take it; and that all claims thereafter made should be entered 
 with the register within ten days, or be considered vacant 
 and subject to be entered by any other person. 
 
 If any claimant neglected to make the improvements re- 
 quired by the rules within the time limited therefor, he for- 
 feited his rights, and any person might take possession 
 thereof in his own right. 
 
 When any person purchased a claim from another he was 
 required to give immediate notice thereof to the register, 
 and have the transfer made in his name. 
 
 The party in whose favor any decision was made by any 
 judicial committee, or by the central committee on appeal, 
 was to receive a certificate thereof, on presenting which, to 
 the register of claims, he was to enter the tract of land 
 therein described in the name of such party, any previous 
 entry to the contrary notwithstanding, and such party was 
 thereupon entitled to take possession of such tract with- 
 out any further judicial proceedings. 
 
 The essence of all these rules and regulations was con- 
 tained in the ninth rule, which was as follows : 
 
 " Whenever the lands shall be brought into market, the executive committee shall ap- 
 point an agent to bid off the lands in behalf of the settlers whose claims are entered on the 
 book of registry , and no person shall in any case be countenanced in bidding in opposi- 
 tion to such agent.'''' 
 
 The moral sentiment of that whole community was all in 
 one direction, and it was well known and felt by all to be 
 abundantly adequate to protect the agent against any com- 
 
2U HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 petition in bidding at the land sale, and to secure to the 
 settler his claim at the government minimum price. 
 
 Not to be "countenanced" was a mild mode of expressing 
 the deep seated determination of the pioneer settlers, but it 
 was quite as effective as if it had been in the form of a 
 threat of lynching, which would have been an unseemly 
 mode of publishing an unlawful combination and conspiracy, 
 to prevent competitive bidding at a public sale of the lands 
 of the United States. 
 
 The central executive committee appointed by the meet- 
 ing consisted of A, A. Bird, Solomon Juneau, N. F. Hyer, 
 Samuel Brown, Albert Fowler, D. H. Richards, A. O. T. 
 Breed, Samuel Hinman, William R Longstreet, H. M. 
 Hubbard, James Sanderson, C. H. Peake, Daniel Wells, 
 Jr., Byron Kilbourn and Enoch Chase. 
 
 At a meeting of this committee the next day, the follow- 
 ing officers were elected: A. A. Bird, President; Byron 
 Kilbourn and Samuel Hinman, Vice-Presidents; Wm. A. 
 Prentiss, Clerk; and Allen O. T. Breed, Register of Claims. 
 It was ordered that in deciding appeals from precinct com- 
 mittees, the central committee would proceed according to 
 the practice of courts of equity, and that it would meet on 
 the first Monday of every month. 
 
 It was also ordered that the territory to which the rules 
 and regulations were applicable, be divided into ten pre- 
 cints, which were called Washington, Dodge, Jefferson, 
 Prairie Village, Muckwanago, Muskego, Oak Creek, Poplar 
 Creek, Chase's Point and Menomonee, the townships in each 
 of which were definitely specified. The time fixed for the 
 election of a judicial committee in each precinct was Mon- 
 day, March 27, and a convenient place was designated in 
 each, and the result of the election was required to be re- 
 ported to the clerk of the central committee. 
 
 At a meeting of the central committee held on the lOtli 
 of April, Jefferson county was divided into three precincts, 
 called respectively, Watertown, Jefferson and Fort Atkin- 
 son, and the last Monday of April designated as the time for 
 holding elections of judicial committees in each precinct. 
 
 At the same meeting I. A.. Lapham was appointed Register 
 of Claims, vice A. O. T. Breed, resigned. 
 
 The mode provided for determining disputed claims be- 
 tween settlers and its administration appeared to give great 
 satisfaction to all parties interested. This organization did 
 
TERRITORY OF WISCONSIN IN 1837. 245 
 
 not embrace Racine county (of which Kenosha was then a 
 part) nor Walworth or Rock, but another similar organiza- 
 tion existed for the settlers in these counties. 
 
 The press is justly regarded as the handmaid, if not the 
 precursor of civilization. Previous to the year 1837 there 
 were two newspapers at Green Bay, the Intelligencer and 
 Democrat and the Free Press, at Milwaukee the Advertiser, 
 and at Belmont the Gazette. About the first of the year or 
 the last of the preceding, the two Green Bay papers were 
 consolidated into one, called the "Wisconsin Democrat," 
 which was well conducted and ably edited by Hon. Charles 
 C. Sholes, who subsequently attained marked political dis- 
 tinction in the State. 
 
 Tn the month of April the Belmont Gazette was discon- 
 tinued, and its material removed to Mineral Point, and used 
 in the publication of the Miners' Free Press, while the pro- 
 prietors of the Gazette, James Clarke & Co,, established at 
 Burlington the Wisconsin Territorial Gazette and Burling- 
 ton Advertiser. 
 
 No small portion of the columns of these newspapers was 
 occupied with articles in relation to the comparative import- 
 ance and growth of the different towns. While Green Bay 
 and Prairie du Chien were the oldest, and Mineral Point had 
 been a town of considerable importance for seven or eight 
 years when Milwaukee first made metropolitan pretensions, 
 yet its superior advantages soon placed it beyond all ques- 
 tions of rivalry and it became the acknowledged metropolis 
 of the Territory. 
 
 But there were local jealousies and rivalries within its 
 own borders which resulted in the organization of two mu- 
 nicipal corporations. One was called "Milwaukee on the 
 West side of the River," the otlier '' Milwaukee on the East 
 side of the River." On the west side an election for five 
 trustees was held on the 4th of February and resulted in the 
 election of W. R. Longstreet, Byron Kilbourn, Lucius I. 
 Barber, B. W. Finch and S. D. Cowles. 
 
 Byron Kilbourn was elected president, N. F. Hyer, clerk, 
 W. P. Proudfit, assessor, Paul Burdick, marshal and I. A. 
 Lapham, surveyor and engineer, and thus was organized 
 the first municipal corporation in the city of Milwaukee. 
 
 On the IGth of Februar}-, Solomon Juneau. G. D. Dous- 
 man, Samuel Hinman, A. A. Bird and William A. Pren- 
 
2^6 HISTORY OF THE TEREITORY OF WISCONSIN. 
 
 Tiss were elected trustees for the town of Milwaukee on the 
 east side of the river. Solomon Juneau was elected presi- 
 dent. 
 
 On the 28tli of January, the " Milwaukee County Agri- 
 cultural Society " was formed^ a constitution adopted, and 
 the following oflScers elected: 
 
 Byron Kilbourn, President; Solomon Juneau, 1st Vice- 
 President; SylvesterPettibone, 2nd Vice-President; Hugh 
 Wedge, 3rd Vice-President; I. A. LapHxIM, Secretary; Wm. 
 A. Prentiss, Cor. Secretary; Samuel Hinman, Treasurer; 
 James H. Rogers, George D. Dousman, John Mander- 
 ville, John Ogden, David S. Hollister, W. R. Longstreet, 
 and Henry M. Hubbard, Directors. 
 
 The first Tuesday in October was fixed as the time of 
 holding the first fair, and premiums to the amount of one 
 hundred and sixty-eight dollars were offered. 
 
 The year 1837 witnessed an unusual activity in the business 
 of mining for copper ore. As early as 1829 copper ore was 
 discovered by Mr. Henry Lander in section 9, town 4, range 
 3 east, about three miles southeasterly from Mineral Point, 
 and soon after another discovery was made by Mr, Hugh- 
 lett on the southeast part of section 5, about half a mile 
 from the first. Mr. Hughlett observed particles of copper 
 ore mingled with the mass of earth which had been drawn 
 out by a badger in making his burrow, and following up 
 this indication he found a large body of valuable ore, 
 and about the same period similar discoveries were made 
 by Mr. Robinson still further north. All these and other 
 discoveries were supposed to be parts of one common range, 
 the extent of which had already been demonstrated to ex- 
 ceed three miles in length. Much work had been done at 
 different times and a large amount of copper ore had been 
 raised. There were no facilities for smelting the ore nearer 
 than Baltimore. Some of the ore was sent to England to be 
 reduced and tested, and it was ascertained that it contained 
 from 30 to 50 per cent, of pure copper. 
 
 At the Belmont session of the Legislature an act incorpo- 
 rating the "Pekatonica Copper Mining Company" was 
 passed. The company was organized and the practical value 
 of the copper mine was demonstrated by the production of 
 a large amount of copper ingots. Litigation ensued and the 
 mines have since then been unworked, but no doubt exists 
 
TERRITORY OF WISCONSIN IN 1837. 247 
 
 that a large amount of valuable ore still remains there and 
 that it possesses large economic value. 
 
 The location of county seats in all newly organized terri- 
 tories or states is always a question that excites much in- 
 terest and is often prolific of heated controversies. 
 
 Questions of this character, during the year 1837, were 
 confined to three counties, Brown, Grant and Green. 
 
 By "An act to change the seat of justice in Brown county" 
 approved December 9, 183G, it was provided that the quali- 
 fied voters of the county should on the 3d Monday of Janu- 
 ary, 1837, vote for ISTavarino, Astor or Depere as the future 
 seat of justice. That the returns should be certified to the 
 Governor, who should issue a proclamation declaring the 
 result. 
 
 The election was held and on the 1st day of February, the 
 Governor issued a proclamation "that the town of Depere 
 has received a large majority of the votes" and "establish- 
 ing the seat of justice of said county of Brown at De- 
 pere from and after the first day of April next." 
 
 In the "Act to divide the county of Iowa" approved De- 
 cember 8, 183G, it w^as enacted that all that part of Iowa 
 county west of the fourth principal meridian should be a 
 separate county to be called Grant. 
 
 By the same act it was provided that Henry W. Hodges, 
 James Gilmore, E, E. Brock, Dennis McCartney, and 
 Francis McCartney, should be commissioners to fix the 
 seat of justice of said county of Grant, on or before the first 
 day of February, and that the place designated by them 
 should be considered the seat of justice of said county. 
 Courts were required to be held at Cassville until the neces- 
 sary public buildings should be erected at the seat of justice. 
 
 The commissioners met at the prescribed time and selected 
 and agreed upon the southeast quarter of section 3, town 4, 
 range 3 west, which they fixed and designated as the 
 county seat of Grant county. 
 
 Soon after Hon. G. M. Price laid out a towTi on the tract 
 so selected, which was called Lancaster, and it has hitherto 
 remained the undisturbed county seat of that county. Mr. 
 Price advertised "an extensive sale of lots," to take place on 
 the 1st of May. The town immediately commenced to 
 grow, and its progress has been continued and uninter- 
 rupted. 
 
248 HISTORY OF THE TERRITORY OF WISCONSIN 
 
 The same "act to divide the county of Iowa," prescribed 
 that towns 1, 2, 3 and 4, of ranges 6, 7, 8 and 9, should 
 constitute the county of Green, and the seat of justice be 
 established at the town of New Mexico. 
 
 The difficulty in determining where the county seat was, 
 grew out of the doubt as to where "New Mexico" was. Mr. 
 Jacob Andrick claimed that he had laid off a town in the 
 summer of 1836 which he called New Mexico, and he 
 charged that Mr. Joseph Payne, owning other land a quar- 
 ter of a mile distant, finding that a bill was about to pass 
 fixing the seat of justice at New Mexico, laid off a town on 
 his land which he called by the same name — New Mexico. 
 Mr. Payne denied that Mr. Andrick had ever had any 
 town plat recorded, and claimed that the town which he had 
 laid out in the summer, but had not recorded, was called 
 "Mexico," and not "New Mexico," and that the only genuine 
 New Mexico" was the plat recorded by him (Payne) Novem- 
 ber 29, 1836, The controversy remained undetermined for 
 about two years, when in pursuance of a special law, a vote 
 of the people determined that neither place should be the 
 county seat, and selected the present site, which was 
 called Monroe. 
 
 In the subdivision of the county of Milwaukee into other 
 counties, towns 1, 2, 3 and 4, of range 10, constituting the 
 towns of Avon, Spring Valley, Magnolia and Union, did not 
 form a part of any county, but remained an isolated range 
 of towns between the counties of Green and Rock, until 
 subsequently attached to Rock county by an act approved 
 June 21, 1838. 
 
 Early in this year John S, Horner, Secretary of the Ter- 
 ritory, and William B. Slaughter, Register of the Land 
 Office at Green Bay, made a mutual arrangement with each 
 other to swap offices. They went to Washington, and both 
 being Virginians and in favor with General Jackson, they 
 had no difficulty in obtaining his assent to the arrange- 
 ment, in accordance with which William B. Slaughter 
 was appointed Secretary of the Territory and John S. 
 Horner, Register of the Green Bay Land Office. 
 
 In consequence of the absence of the new Register, the 
 Land Office was not opened until about the 1st of June, 
 when the land sales were resumed and large amounts of 
 the public lands were sold. 
 
TERRITORY OF WISCONSIN IN 1837. 249 
 
 Numerous post routes had been established by Congress 
 in different parts of the Territory, but tlie postal facilities 
 were not great. 
 
 On the 7th of June proposals were invited by the Post- 
 master-General (Amos Kendall) for carrying the mail from 
 January 1, 1838, to June 30, 1842, on the different post routes, 
 but most of them were to be carried but once a week. On 
 three of the routes the mail was to be carried twice a week. 
 These were. Mineral Point to Cassville, Elk Grove to Prairie 
 du Chien, and Prairie du Chien to Galena. On five of the 
 routes it was to be carried tri-weekly. These were Milwau- 
 kee to Green Bay, Green. Bay to Fort Winnebago, Fort 
 Winnebago to Mineral Point, Mineral Point to Galena — the 
 three last in stages, and from Chicago to Milwaukee in four- 
 horse post coaches — and there was not to be a daily mail 
 throughout the Territory. 
 
 In February, 1837, postoffices were established at Chase's 
 Point, Horace Chase, postmaster ; Moundville, John C. 
 Kellogg, postmaster ; Madison, John Catlin, postmaster ; 
 Elk Grove, Joseph Perry, postmaster, and Cassville, Rich- 
 ard Ray, postmaster, and during the summer a postoffice 
 was established at Watertown, and William M. Dennis ap- 
 pointed postmaster. 
 
 On the 22d of May Judge William C. Frazer held at De- 
 pere his first term of court, which continued until the 30th 
 of May. No civil cases were tried in consequence of the 
 disarrangement of records and papers. The criminal calen- 
 dar, however, was generally disposed of. Maw-zaw-mon- 
 nee-hah, a AVinnebago Indian, was indicted for the murder 
 of Pierre Pauquette at Fort Winnebago the previous Oc- 
 tober. The prisoner was defended by John S. Horner, who 
 was appointed by the court for that purpose. The evidence 
 left no doubt of the guilt of the accused, who was found 
 guilty of murder, and sentenced to be hung on the first day 
 of September. 
 
 The cases of Amable Carbonno, for the murder of liis 
 wife, and of two Indians for the murder of Ellsworth 
 Burnett, were transferred to Milwaukee county for trial. 
 Joseph Dutcher was convicted of burglary and sentenced 
 to seven years' solitary imprisonment in the county jail at 
 hard labor and a fine of one hundred dollars. 
 
 John 0"Donnell was convicted of keeping a disorderly 
 
250 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 house and selling liquor to an Indian, and was fined fifty 
 dollars for the first offense, and one hundred for the second. 
 
 Judging by newspaper comments, Judge Frazer's first 
 appearance on the bench in Brown county was highly cred- 
 itable, and in marked contrast with the manner in which 
 his judicial functions were subsequently performed. 
 
 Judge Frazer's first term of court at Milwaukee was held 
 on 14th June. 
 
 The two Menomonee Indians, Ash-e-co-bo-ma and Ash-o- 
 wa, indicted in Brown county for the murder of Ellsworth 
 Burnett, on the bank of Rock river in the month of ISTovem- 
 ber, 1835, were tried. Their trials were separate. The counsel 
 for the prosecution was W. IsT. Gardner, district attor- 
 ney, and Hans Crocker; for the defense, H. K Wells and 
 J. E. Arnold. The jury returned a verdict of guilty against 
 Ash-e-co-bo-ma, the father, who was sentenced to be hung 
 on the first day of September. A nol pros, was entered by 
 the district attorney, by the advice of the court, in the case 
 of the younger Indian. 
 
 Am able Carbonno, indicted for the murder of his wife in 
 Brown county, was so reduced by sickness and long confine- 
 ment that he had to be brought into court upon a bed, 
 in which condition he was tried. The prosecution was con- 
 ducted by F. Perrin and J. E. Arnold, and the defense by 
 Henry S. Baird. He was found guilty of manslaughter and 
 sentenced to ten years' imprisonment in the common jail of 
 Brown county, and to pay a fine of one thousand dollars. 
 
 The sentence was superseded by his death, which resulted 
 from his disease, within twenty -four hours after the rendi- 
 tion of the verdict. 
 
 On the 31st of May, 1837, Augustus A. Bird, one of the 
 commissioners for the erection of public buildings at Madi- 
 son, left Milwaukee with thirty-six workmen with six yoke 
 of oxen, and all the necessary mechanical tools, provisions, 
 cooking utensils, etc., to enable operations at the capital to 
 be commenced immediately. There was no road at that 
 time from Milwaukee to Madison, and the party were com- 
 pelled to make one for their teams and wagons as they went 
 along. It rained incessantly and the obstructions to their 
 progress presented by the drenched ground, fallen trees, un- 
 bridged streams, including Rock River at Watertown and 
 the Crawfish at Milford, hills, ravines and marshes, and the 
 
TERRITORY OF WISCONSIN IN 1837. 251 
 
 devious course which they necessarily pursued, so delayed 
 them that they did not reach Madison until the 10th of June. 
 Notwithstanding all these and other eniharrassments, they 
 made such progress that they were able to lay the corner 
 stone of the capitol on the 4th of July, but by the end of 
 the year 1837, the only progress made was the erection of 
 the walls of the basement. 
 
 Peter Hill Engle was the acting and active member of 
 the committee appointed to select and purchase a library for 
 the use of the Territory with the money ($5,000) appropri- 
 ated by Congress for that purpose. In the performance of 
 that duty he went to the eastern cities, where he could best 
 execute his mission as well as consult his colleagues. Be- 
 fore the 1st of July he returned to Burlington with a well- 
 selected assortment of valuable books, the selection of 
 which was approved by Senators Clayton and Linn and 
 Delegate Jones who were associated with him on the com- 
 mittee. 
 
 The books were delivered to James Clarke, who had been 
 appointed librarian, and who opened and arranged them in 
 a convenient and handsome style in a commodious room 
 procured for that purpose. The library cost nearly the 
 whole amount appropriated for its purchase and contained 
 about twelve hundred volumes of law and miscellany, about 
 two-thirds of which were law books, including valuable 
 state papers, and the remainder standard miscellaneous 
 works. 
 
 The event of the year 1837, which had a more marked ef- 
 fect upon the business of the whole country than any other, 
 was beyond question the suspension of specie pa^'ment by 
 nearly all the banks throughout the whole country in the 
 months of May and June. The effect was as visible in 
 Wisconsin as elsewhere, although it had as yet no banks or- 
 ganized and in operation. Its tendency was to check immi- 
 gration to a considerable degree and to affect injuriously 
 for a time the prosperity of those who had already estab- 
 lished themselves in their new homes. 
 
 But the recuperative powers and energy of the indefatiga- 
 ble pioneers of the new Territory could not long be re- 
 strained as was demonstrated by the successful progress 
 which they soon exhibited. 
 
253 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 The second session of the first Legislative Assembly of the 
 Territory convened at Burlington on the 6th day of Nov- 
 ember, 1837. 
 
 Some changes in the membership of both Houses had 
 taken place since the adjournment of the first session; in 
 the Council by resignation and in the House of Representa- 
 tives by death as well as resignations. 
 
 In the Council, Henky S. Baird, a member from Brown 
 county, resigned, and on the first day of the session the cer- 
 tificate of Joseph Dickinson was presented as his succes- 
 sor, and he was admitted to the seat. 
 
 The seat of Mr. Dickinson was contested by Alexander 
 J. Irwin, on the ground that Mr. Dickinson was postmaster 
 at Green Bay. On the 21st the seat was declared vacant bj' 
 the Council, and it was resolved that Alexander J. Irwin 
 is entitled to the vacant seat, and the Sergeant-at-Arms was 
 directed to proceed forthwith to Green Ba}^, and inform Mr. 
 Irw^in of the action of the Council, which he did, and on the 
 26th of December, more than a month afterward, Mr. Irwin 
 appeared and took the seat. 
 
 This result he regarded as retributive justice, he having at 
 the previous session been deprived of his seat as member of 
 the House, on the same ground, although he had resigned 
 his office before the commencement of the session. 
 
 Mr. Vineyard, one of the members from Iowa county, 
 did not take his seat until the 18th of January, two days be- 
 fore the adjournment of the session. 
 
 In the House of Represensatives, the seat of Col. Hosea 
 T. Camp, a member fri)m Dubuque county, was rendered va- 
 cant by his death. On the 5th of March he was returning 
 to his home, a short distance from Dubuque, in the night, 
 on horse-back, when the horse fell, threw him and caused 
 his death. 
 
 A. W. McGreggor, who resided opposite Prairie duChien, 
 and for whom the town of McGreggor was named, was 
 elected to fill the vacancy which Col. Camp's death created. 
 
 Gen. Albert G. Ellis, a member of the House from 
 Brown county, resigned his seat and Charles C. Sholes 
 was elected his successor. 
 
 Messrs. James H. Lockwood and James B. Dallam, the 
 two members from Crawford county, both resigned their 
 seats, and that of the first was filled by Jean Brunett, and 
 of the last by Ira B. Bronson. 
 
TERRITORY OF WISCONSIN IN 1837. 053 
 
 The Council was organized by the election of Arthur B. 
 Inghram of Demoines county, president, and George Beatty 
 of Mineral Point, secretary. 
 
 In the House Isaac Leffler of Demoines county was 
 elected speaker and John Catlin of Madison, chief clerk. 
 
 The Governor's message was delivered in person on the 
 second day of the session to the two Houses assembled in 
 the Representatives' Hall. It was marked by those features 
 of sound, practical, common-sense which pervaded all his 
 official utterances as well as his official acts. 
 
 In recommending to the Legislature to memorialize Con- 
 gress to pass a pre-emption law, he said 
 
 " Land was the immediate gilt of God to man, and from the earliest history of the 
 world was designed for cultivation and improvement, and should cease to be an object of 
 speculation. The just and proper policy of the government would be to reduce the price 
 of the public lands and sell them to the actual settler alone. The public domain would be 
 sold in a short period of tin\e. Indian wars would cease to exist. The frontiers woidd be 
 settled by a brave and hardy race of men who would be a barrier to Indian encroach- 
 ment, and there would be no necessity of maintaining military posts for the protection of 
 our frontiers . " 
 
 This session of the Legislative Assembly was not marked 
 by any events of peculiar interest. The Governor, in his 
 message, recommended, as he had at the previous session, a 
 codification of the laws, but nothing was done in that di- 
 rection, except to provide, by resolution, for the printing, as 
 an appendix to the pamphlet laws of the session, of one 
 hundred and twenty -five acts specified by their titles, se- 
 lected from those then in force. The provisions of this 
 resolution, however, were never complied with. 
 
 The whole number of acts passed at this session was one 
 hundred and six. 
 
 Of these, eighteen related to the laying out and organiza- 
 tion of counties, locating county seats, and to town, village 
 and city organization; ten to the establishment of eighteen 
 different seminaries and universities; nine to the location of 
 roads; and thirty-six to the general conduct of ths public 
 affairs of the Territory, There were also passed thirty-two 
 private acts, of which one was to incorporate a bank at 
 Prairie du Chien, which was disapproved by Congress and 
 never went into effect; six to grant divorces, all of which 
 took effect immediately after, and some, perhaps, before 
 their passage. 
 
 Of the public acts, the two most important were the act 
 providing for taking another census, and the act abolishing 
 
254 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 imprisonment for debt, which rehc of barbarism had con- 
 tinued in force, by operation of the laws of Michigan, upon 
 the organization of the Territory. Among the eighteen uni- 
 versities and seminaries estabhshed was the " University 
 of the Territory of Wisconsin" at Madison, to which Con- 
 gress was by joint resolution urged to make an appropriation 
 of 120,00 ) in money, and two townships of land. The money 
 was not appropriated. But on the 12th of June, 1838, Con- 
 gress made an appropriation of the amount of land asked 
 for, which was the fundamental endowment of that noble 
 University, whose spacious buildings now adorn the capital 
 of our state, and whose facilities and capacity for educating 
 its youth reflect much credit upon those who have mani- 
 fested so great an interest, and such untiring perseverance 
 in promoting its welfare. 
 
 It was at this session that an act was passed "to incorpo- 
 rate the Milwaukee and Rock River Canal Company," 
 which contained, among other things, an authority to the 
 company to apply to Congress for an appropriation in 
 money or lands to aid in the construction of its works. In 
 pursuance of this authority application was made, and an 
 appropriation obtained in June, 1838, of the odd-numbered 
 sections on a belt of territory five miles in width on each 
 side of the line of the proposed canal. This grant of land, 
 if it had been judiciously managed, would have produced a 
 fund adequate for the construction of a canal connecting 
 Rock River with Lake Michigan, which would have been 
 followed, no doubt, by slack water navigation on Rock 
 River, providing a cheap means of transit to market of the 
 bulky agricultural products of the extensive and fertile 
 valley of Rock River, and of other parts of the state and of 
 Illinois. But instead of the blessing it might have been, it 
 proved a curse and a blight upon the early prosperity of the 
 Territory, owing mainly to the antagonisms which grew up 
 between the officers of the canal company and the territo- 
 rial officers entrusted with the disposition of the lands 
 granted by Congress, and of their proceeds, and to the con- 
 flicts between the beneficiaries of the land grant and some 
 of the leading politicians of the times. 
 
 It is intended to devote the last chapter of this work 
 exclusively to the history of the Milwaukee and Rock 
 
TERRITORY OF WISCONSIN IN 1838. 255 
 
 River canal and its incidents, and therefore it is not neces- 
 sary to say more in this connection. 
 
 On the 20th of January, 1838, in pursuance of a resolution 
 adopted on the 17th, the Legislative Assembly adjourned 
 to meet at the same Dlace on the second Monday of June. 
 
 CHAPTER XIX. 
 
 TERRITORY OF WISCONSIN IN 1838. 
 
 The second session of the first Legislative Assembly 
 which commenced in November, 1837, was extended twenty 
 days into January, 1838, but to preserve the continuity of 
 its proceedings, they were all referred to in the last 
 chapter. 
 
 For the same reason the proceedings of the second session 
 of the 25th Congress, which commenced on the first Mon- 
 day of December, 1837, so far as they affect Wisconsin, will 
 be collated in this chapter. 
 
 The 24:th of February of this year will ever be memorable 
 as that upon which was enacted one of the most heart- 
 rending tragedies that ever resulted from the barbarous 
 practice of duelling. It was the sacrifice of the life of Hon. 
 Jonathan Cilley, a member of the House of Representa- 
 tives from the State of Maine, in an "affair of honor" with 
 Hon. Wm. J. Graves, a member from the State of Ken- 
 tucky. 
 
 This duel derives its interest for the peoj^le of Wiscon- 
 sin from tlie fact that Hon. George W. Jones, then the del- 
 egate in Congress from Wisconsin, was the "friend" and 
 second of Mr. Cilley in the terrible tragedy, which is a suf- 
 ficient reason for giving a detailed account of the events 
 which led to, and the circumstances which attended the fatal 
 meeting. 
 
 James Watson Webb was the editor of the New York 
 Courier and Enquirer. In a discussion in the House on the 
 12th February, Mr. Cilley was reported in the Globe, while 
 speaking of the Courier and Enquirer, to have made re- 
 marks to the following effect: He knew nothing of the 
 
25a HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 editor, but if he is the same who once brought grave 
 charges against an institution (Bank of the United States) 
 from which he was said to have received afterwards 
 $52,000 in facihties, he (Mr. Cilley) did not think that any- 
 thing which the editor had said deserved to be noticed by 
 Congress. 
 
 On the 21st of February Mr. Graves had a friendly inter- 
 view with Mr. Cilley, in which he presented to the latter a 
 note from J. W. Webb, which Mr. Cilley declined to re- 
 ceive. There were no witnesses to the conversation 
 between Messrs. Graves and Cilley in that interview. 
 
 Subsequently on the same day Mr. Graves addressed the 
 following note to Mr. Cilley — 
 
 "In the interview which I had with you this morning, when you declined receiving from 
 me the note of Colonel J. W. Webb, asking whether you were correctly reported in the 
 Globe, in what you are there represented to have said of him in this House on the 12th inst., 
 you will please say whether you did not remark in substance, that in declining to receive the 
 note, you hoped I would not consider it in any respect, disrespectful to me, and that tha 
 ground on which you rested your declining to receive the note was distinctly this: That 
 you could not consent to get yourself into personal difficulties with conductors of public 
 journals for what you might think proper to say in debate, and that you did not rest your 
 objection in our interview upon any personal objections to Colonel Webb as a gentleman." 
 
 Mr. Cilley immediately made the following reply: 
 
 " The note which you just placed in my hand has been received. In reply I have to state 
 that in your interview with me this morning, when you proposed to deliver a communica- 
 tion f I'om Col. Wkbb, of the New "Sork Courier and Enquirer, I declined to receive it be- 
 cause I chose to be drawn into no controversy with him. I neither affirmed or denied 
 anything in regard to his character, but when you remarked that this course on my part 
 might place you in an unpleasant situation, I stated to you, and now repeat, that I in- 
 tended by the refusal no disrespect to you." 
 
 On the next day (22d) Mr. Graves addressed to Mr. Cilley 
 the following note: 
 
 " Your note of yesterday, in reply to mine of that date, is inexplicit, imsatisfactory, and 
 Insufficient; among other things in this: that in declining to receive Col. Webb's communi- 
 cation, it does not disclaim any exception to him personally as a gentleman. I have 
 therefore to inquire whether you declined to receive his communication on the ground of 
 any personal exception to him as a gentleman, or a man of honor? A categorical answer 
 is expected." 
 
 To this note, Mr. Cilley on the same day, made the fol- 
 lowing reply : 
 
 " Your note of this date has just been placed in my hands. I regret that mine of yester- 
 day was not satisfactory to you, but I cannot admit the right on your part to propound the 
 question to which you ask a categorical answer, and therefore decline any further re- 
 sponse to it." 
 
 The next day (23d) at a few minutes before noon, no fur- 
 ther communication between the parties having intervened. 
 
TERRITORY OF WISCONSIN IN 1838. 257 
 
 a challenge from Mr. Graves was presented by Hon. Henry 
 A. Wise to Mr. Cilley, in the following words: 
 
 "As you have declined accepting a communication which I bore to you from Col. "Webb, 
 and as by your note of yesterday you have refused to decline on grounds which would 
 exonerate me from all responsibility growing out of the affair, I am left no other alter- 
 native but to ask that satisfaction which is recognized among gentlemen. My friend, 
 Hon. H. A. Wise, is authorized by me to make the arrangements suitable to the occa- 
 sion." 
 
 Mr. Cilley, after some delay, secured the friendly serv- 
 ices of Hon. George W. Jones as the bearer of his accept- 
 ance of the challenge. Mr. Jones, however, in a published 
 letter to the people of Wisconsin, dated June 20th, says: 
 
 " It is now known that I came into the controversy at a very late period (only twenty- 
 three hours before the fatal meeting), after all the terms as to time, weapon, distance, etc., 
 had been agreed upon." 
 
 Mr. Cilley's letter, accepting the challenge, was delivered 
 by Mr. Jones at the hour of 5 P. M. on the same day the chal- 
 lenge was received, and was in these brief terms: 
 
 "Your note of this morning has been received. Mj" friend. Gen. Jones, will 'make the 
 arrangements suitable to the occasion.'' " 
 
 The following terms of meeting were then agreed upon 
 between the seconds, Messrs. Wise and Jones, in conform- 
 ity with those already agreed upon between Mr. Cilley' 
 and his friends: the place to be such as might be agreed 
 upon between them at 12 M. the next day, the 2-tth. The 
 weapons to be rifles. The parties placed side to side at 
 eighty yards distance from each other; to hold the rifles at 
 arms length downward; the rifles to be cocked and triggers 
 set; the words to be "Gentlemen are you ready?" After 
 which, neither answering "No," the words shall be in regular 
 succession "Fire-one, two, three, four." Neither party is to 
 raise his weapon from the downward position until the word 
 "fire" and neither shall fire before the word "fire" nor 
 after the word "four." The position of the parties at 
 the end of the line to be determined by lot. The second 
 of the party losing the choice of position, shall have the 
 giving of the word. Each party may have on the ground, 
 besides his second, a surgeon and two other friends. The 
 rifles to be loaded in presence of the seconds. 
 
 It was then agreed between the seconds, at about noon of 
 the 24th, and after some correspondence and delay in relation 
 to a rifle for Mr. Graves, that the meeting should take place 
 at 3 P. M. of that day; that they should meet at the Ana- 
 costa bridge on the road to Marlborough, Md., between the 
 
 17 
 
258 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 hours of li and 2i P. M., and that if either got there first he 
 should wait for the other, and that they would thence pro- 
 ceed out of the District. The parties met at the bridge, Mr. 
 CiLLEY and his party arriving first; and all proceeded about 
 2 P. M. to the place of meeting. The seconds marked off 
 the ground and decided the choice of positions. Mr. Wise 
 won the choice, and Mr. Jones had the giving of the word. 
 
 Shortly after 3 o'clock P. M., the rifles were loaded in the 
 presence of the seconds; the parties were called together; 
 they were fully instructed by Mr. Jones as to their positions, 
 and the words twice repeated to them as they would be and 
 as they were delivered to them in the exchange of shots. 
 After this they were ordered to their respective positions, 
 the seconds assuming their places and the friends accom- 
 panying the seconds, were disposed along the line of fire to 
 observe that each obeyed the terms of meeting. 
 
 Mr. Jones gave the words distinctly, audibly and in regu- 
 lar succession, and the parties exchanged shots without vi- 
 olating in the least a single instruction. They both missed. 
 
 The friends generally, then assembled to hear what was 
 to be said. Mr. Jones then inquired of Mr. Wise whether 
 his friend (Mr. Graves) was satisfied, Mr. Wise replied 
 
 "These gentlemen have come here without animosity towards each other, they are fight- 
 ing merely upon a point of honor. Cannot Mr. Cilley assign some reason for not receiv- 
 ing Col. Webb's commimieatlon or make some disclaimer which will relieve Mr. Graves 
 from his position." 
 
 After Mr. Jones was informed by Mr. Wise that the chal- 
 lenge was suspended for the purpose of explanation, he went 
 to Mr. Cilley, his principal, and then said to Mr, Wise, as 
 Mr. Jones remembered a few hours afterwards what he 
 said: 
 
 "I am authorized by my friend Mr. Cilley to say that in declining to receive the note 
 from Mr. Graves, purporting to be from Col. Webb, he meant no disrespect to Mr. Graves, 
 because he entertained for him then as he now does the highest respect and most kindly 
 feelings, but that he declined to receive the note because he chose not to be dragged into 
 any controversy with Col. Webb." 
 
 The recollection of Mr. Wise in regard to the answer of 
 Mr. Jones was, that Mr. Jones also said in his answer: 
 
 "My friend refuses to disclaim disrespect for Col. Webb, because he does not choose to 
 be drawn into an expression of opinion as to him." 
 
 Much conversation then ensued between the seconds and 
 their friends, but no nearer approach to reconciliation being 
 made, the challenge was renewed, another shot was ex- 
 changed and both missed. 
 
TERRITORY OF WISCONSIN IN 1838. 259 
 
 After this the seconds and the friends again assembled, 
 the challenge was again withdrawn, and a very similar con- 
 versation to that after the first exchange of shots ensued. 
 
 Mr. Jones then remarked: 
 
 "Mr. Wise, my friend, in coming to tlie ground and exchanging shots with Mr. Graves, 
 has shown to the world, that in declining to receive the note of Col. Webb, he did not do so 
 because he dreaded a eontrovers3'. He has shown himself a brave man and disposed to 
 render satisfaction to Mr. Graves. I do think that he has done so and that the matter 
 should end here." 
 
 To this Mr. Wise replied 
 
 ''Mr. CiLLEY has already expressed his respect for Mr. Graves in the ivritten corre- 
 spondence, and Mr. Graves does not require of Mr. Cillet a certificate of character for 
 Col. Webb; he considers himself about not only to deserve the respect due to himself, 
 but to defend the honor of his friend Col, Webb." 
 
 Mr. Wise thinks, he added, 
 
 "Mr. Graves only insists that he has not borne the note of a man who is not a man of 
 honor and not a gentleman." 
 
 These last words Mr. Jones does not recollect. 
 
 After much more conversation and ineffectual attempts to 
 adjust the matter, the challenge was again renewed; and 
 while the friends were again loading the rifles for the third 
 exchange of shots, Mr. Jones and Mr. Wise walked apart 
 and each proposed to the other anxiously to settle the af- 
 fair. 
 
 Mr. Wise asked Mr. Jones 
 
 "If Mr. CiLLEY could not assign the reason for declining to receive the note of Col. Webb 
 that he did not hold himself accountable to Col. AVebb for words spoken in debate?" 
 
 Mr. Jones replied that 
 
 " Mr. CiLLEY would not wish to be understood as expressing the opinion whether he 
 was or was not accountable for words spoken in debate." 
 
 Mr. Wise then asked Mr. Jones whether 
 
 " Mr. CiLLEY would not say that in declining to receive the note of Col. Webb, he meant 
 no disrespect to Mr. Graves either directly or indirectly ." 
 
 To this Mr. Jones replied affirmatively, adding 
 
 " Mr. CiLLEY entertains the highest respect for Mr. Graves, but declined to receive the 
 note because he chose not to be drawn into a controversy with Col. Webb." 
 
 In further explanatory conversation, Mr. Wise said to 
 Mr. Jones: 
 
 "If this matter is not determined this shot, and is not settled, I will propose to shorten 
 the distance." 
 
 To which Mr. Jones replied 
 
 " After this shot without effect I will entertain the proposition." 
 
 The parties then exchanged the third shot. It was fatal. 
 
2 GO HISTORY OF THE TERRITORY OF WISCONSIN 
 
 The bullet from Mr. Graves rifle struck Mr. Cilley in the 
 left iliac region, and passed through the right lumhar re- 
 gion, completely severing the aorta or main artery of the 
 heart. The only words he spoke were " I'm wounded", and 
 instantly died. 
 
 Mr. Graves, through Mr, Wise, expressed to Mr. Jones a 
 desire to see Mr. Cilley. When Mr. Jones approached Mr. 
 Graves to inform him that his request would be granted, 
 he asked Mr. Jones, " How is he?"' Mr. Jones replied, " My 
 friend is dead, sir." Mr. Graves then went to his carriage. 
 
 On the 28th of February, 1838, a committee was appointed 
 by the House of Representatives, to investigate the causes 
 which led to the death of Mr. Cilley and the circum- 
 stances connected therewith. The committee on the 21st of 
 April submitted a report accompanied by a large amount of 
 testimony. 
 
 The report concluded with resolutions that Mr. Graves be 
 expelled from the House, and that Messrs. Wise and Jones 
 be censured. 
 
 Two minority reports were also presented. 
 
 The reports of the committee and the resolutions occupied 
 the attention of the House from the 21st of April to the 10th 
 of May, when by a vote of 103 to 78, the whole subject was 
 laid on the table, and the reports and documents were or- 
 dered to be printed. 
 
 On the 4th of July a motion was made that the House do 
 proceed to the consideration of the report when the motion 
 to consider was ordered to lie on the table, and nothing fur- 
 ther was done on the subject, except that the Senate passed 
 a bill to prohibit the giving or accepting within the District 
 of Columbia of a challenge to fight a duel, which was not 
 acted upon by the House. 
 
 The act of December 3, 1836, fixing the seat of government 
 at Madison, prescribed that the commissioners should — 
 
 " Agree upon a plan of said buildings and issue proposals, giving due notice thereof, 
 and contract for the erection of said buildings without delay." 
 
 No "proposals" were issued during the year 1837, but the 
 expenditures were made by the commissioners according to 
 their own discretion, and amounted at the end of that year 
 to the sum of $17,900.12, and the walls of the basement were 
 erected, but none of the superstructure. 
 
 On the 20th of February, 1838, notice was published that 
 
TERRITORY OF WISCONSIN IN 1838. 261 
 
 sealed proposals would be received until the loth day of 
 April, for the completion of the capitol above the basement 
 story. The contract was let to James Morrison, and work 
 progressed under the contract. 
 
 By an act of Congress approved June 18, 1838, a further 
 appropriation of twenty thousand dollars was made — 
 
 "To defray the expenses of completing the public buildings in the Territory of Wis- 
 consin, which are now commenced and partially completed." 
 
 The annual civil service appropriation bill approved April 
 6, 1838, contained an appropriation of $9,100 for compensa- 
 tion of the Governor, Judges, and Secretary, and of 829,625 
 for contingent expenses, pay and mileage of the members 
 of the Legislative Assembly, officers of the Council, taking 
 census, printing, and furniture and rent of buildings. 
 
 During the year 1837 three separate treaties with Indian 
 tribes had been made, which were destined within a few 
 years to be of the greatest interest and advantage to Wis- 
 consin. They were submitted by the President to the Sen- 
 ate for their consideration at its next session, commencing 
 in December of that year. 
 
 The tribes with which these treaties were made were the 
 Chippewas, the Sioux, and the Winnebagoes. 
 
 Gov. Dodge, Governor and Superintendent of Indian Af- 
 fairs, together with Gen. William R. Smith, then residing 
 at Huntingdon, Pa., but immediately after and, until his 
 death in Wisconsin, were appointed commissioners to effect 
 a treaty with the Chippewa Indians for a cession of their 
 lands to the United States. 
 
 The month of July was appointed as the time, and Saint 
 Peters (the confluence of the St. Peters and Mississippi 
 rivers) as the place for having a " talk" with the Chippewas 
 with a view to the cession. 
 
 Unavoidable delays prevented Gen. Smith from reaching 
 the ground in season, and Gen. Dodge was the sole repre- 
 sentative of the United States in conducting the negotia- 
 tions. 
 
 The treaty with the Chippewas was concluded on the 29th 
 day of July, 1837. 
 
 In the treaty with the Sioux the United States was repre- 
 sented by Joel K Poinsett, then Secretary of War, and the 
 negotiations were conducted at Washington, where the 
 chiefs and braves of the Sioux nation had gone for the pur- 
 
202 HISTORY OF THE TEERITORY OF WISCONSIN. 
 
 pose of having a " talk" with their "Great Father." The 
 treaty was signed at Washington on the 29th day of Sep- 
 tember, 1837. 
 
 Carey A. Harris, Commissioner of Indian Affairs, acting 
 for the United States, concluded a treaty at Washington 
 with the Winnebagoes on the first day of November, 18o7. 
 
 By these treaties, and those previously made, the Indian 
 title to all the land in the present State of Wisconsin, and a 
 considerable part of Minnesota, was extinguished, except a 
 portion occupied by the Menomonees and a few small reser- 
 vations. 
 
 One of the minor effects of these treaties was to extin- 
 guish forever the hopes of the heirs of Jonathan Carver 
 and their assigns, that their claim to the so-called " Carver 
 grant" might in some unknown way be made available. 
 
 But the most important effect was that the extinguish- 
 ment of the Indian title opened to settlement and occupa- 
 tion, and to the application of the subsequently enacted 
 pre-emption and homestead laws, all that extensive region, 
 the waters of which form those great arteries of commerce 
 in lumber, the Wisconsin, Black, Chippewa, and St. Croix 
 rivers, with the Wolf and others which empty into Green 
 Bay. 
 
 Although these treaties were submitted to the Senate at 
 an early period of the session, yet their ratification was so 
 long delayed that apprehensions arose in the minds of those 
 interested in them that possibly they might not be ratified. 
 
 Such was the extent of these fears, that in the message of 
 Governor Dodge to the Legislative Assembly, at the extra 
 session held in June, 1838, he deemed it his duty earnestly 
 to recommend to the Legislative Assembly to adopt a me- 
 morial — 
 
 "Asking the ratiflcatiou by the United States Senate of the treaties made with tlie Win- 
 nebagoes, Sioux and Chippewa Indians, for the extinguishment of their title to countiy 
 •within the limits of this territory. Until recently, no doubts were entertained of the rati- 
 fication of the treaties in question." 
 
 Such a memorial was adopted. 
 
 The message of Governor Dodge was delivered on the 
 11th day of June, and it is a noteworthy coincidence that all 
 three of the treaties were ratified by the Senate on the same 
 day, and perhaps in the same hour in which the Governor's 
 message was being read. 
 
 Previous to the 12th of June, 1838, the jurisdiction of the 
 
TERRITORY OF WISCONSIN IN 1838. 2G3 
 
 Surveyor General of Ohio embraced Michigan and "Wis- 
 consin. An act of Congress approved on that day, created 
 the office of Surveyor General for Wisconsin, comprehend- 
 ing all of Wisconsin, as bounded by the act of 18-jG, 
 establishing the Territory. 
 
 The office was located at Dubuque, and Albekt G. Ellis 
 was appointed the first Survej^or General, with a salary of 
 fifteen hundred dollars, and three hundred and fifty dollars 
 for office rent, fuel and other incidental expenses. 
 
 By an act of Congress approved June 12, 1838, the Secre- 
 tary of the Treasury was authorized to set apart and re- 
 serve from sale, two entire townships of land for the use and 
 support of a university, to be located in tracts of not less 
 than an entire section. 
 
 An act had already been passed by the Territorial Legis- 
 lature, approved January 19, 1838, to establish at or near 
 Madison a university, tlie name of which should be "The 
 University of Wisconsin." It was to — 
 
 "Be under the government of a board of visitors, not exceeding twenty-one in number, 
 of whom the Governor, Secretary of the Territory, Jvidges or" the Supreme Court, and tlie 
 President of the University shall be part, and Bi'shnell B. Cary, JIarshall M. Stroxg, 
 Byron Kilbourn, William N. Gardner. Henry Stringhaji, Charles R. Brush, Charles 
 C. P. Arndt, John Catlin, George H. Slaughter, 1)avid Brigham, John F. Schermerhorn, 
 William W. Coriell, George Beatty, Henry L. Dodge and Augustus A. Bird the 
 remainder." 
 
 The act provided that the first meeting should be held on 
 the first Monday in July, and might be adjourned from time 
 to time. 
 
 The first meeting of the board of visitors was adjourned 
 from the first to the third Monday of Jul}", when Hon. 
 Charles Dunn and Wm. C. Frazer, Judges of the Supreme 
 Court, A. A. Bird, John Catlin and Wm. JST. Gardner were 
 present. Judge Frazer was appointed Chairman and 
 William IST. Gardner, Secretar3^ There being no quorum 
 present, the board adjourned until Monday of the second 
 week of the next session of the Legislative Assembly. 
 
 The next meeting of the Board was held in December pur- 
 suant to adjournment. Officers and committees were ap- 
 pointed and steps taken for the selection of a site, and to 
 have the lands donated by Congress selected, and specifi- 
 cally appropriated for the use of the university. 
 
 At the second session of the 21:th Congress there were fif- 
 
264 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 teen new post routes established, and in June, 1838, there 
 were eighty post-offices in the Territory east of the Missis- 
 sippi. 
 
 These were Green Bay, Menomonee, Grand Kakalin, 
 La'Fontain, Nashoto, Twin Rivers, Duck Creek, Butte de 
 Morts and Depere in Brown count}^; City of Winnebago 
 and Pipe Village in Calumet county; Prairie du Chien in 
 Crawford county; Madison in Dane county; Cassville, Platt- 
 ville, Lancaster, Sinsinawa Mound, Van Buren, Blast Fur- 
 nace, Brooklyn, Port Hudson, Sinipee, Menomonee, Hazel 
 Green and Gibraltar in Grant county; Centreville and New 
 Mexico in Green county; Fond du Lac in Fond du Lac county; 
 Mineral Point, Belmont, Elk Grove, Dodegeville, Helena, 
 Moundville, Arena, Mill Seat Bend, Diamond Grove, Blue 
 River, Wingville, English Prairie, Wisconsin, Gratiot's 
 Grove, Wiota, Otterburn, White Oak Springs, New Dig- 
 gings, Ridgeway and Willow Springs in Iowa county; Jef- 
 ferson and Watertown in Jefferson county; Manitowoc in 
 Manitowoc county; Milwaukee, Prairie Village, Belleterre, 
 New Berlin and Oak Creek in Milwaukee county; Dekorre 
 and Fort Winnebago in Portage county; Racine, Southport, 
 Mount Pleasant, Aurora, Pleasant Prairie, Rochester Pike 
 and Foxville in Racine county; Turtle Creek, Hume, Janes- 
 ville and Outlet Koshkonongin Rock county; Sheboygan in 
 Sheboygan county; Fox Lake in Dodge county; Washing- 
 ton in Washington county and Delavan, Elkhorn, Troy, 
 Springfield, Geneva and Franklin in Walworth county. Of 
 these twenty-seven have been discontinued or have different 
 names. 
 
 There was appropriated by Congress at this session the 
 sum of four thousand dollars for tlie construction of a light- 
 house on Grassy Island at the head of Green Bay, The 
 President was authorized to appoint one or more naval offi- 
 cers upon whom was devolved various duties with reference 
 to light-houses, among which was to examine and determine 
 whether it was expedient to construct lighthouses or bea- 
 con lights, at nearly fifty designated points. Three of these 
 points were Southport, and the mouth of Sauk River and 
 Kewaunee River. 
 
 Thirty thousand dollars was appropriated for the con- 
 struction of roads, viz.: From Fort Howard, via Milwaukee 
 and Racine, to the state line, fifteen thousand dollars; from 
 
N 
 
 TERRITORY OF WISCONSIN IN 1838. 265 
 
 Milwaukee via Madison to a point opposite Dubuque, ten 
 thousand dollars, and from Fort Crawford via Fort Winne- 
 bago to Fort Howard, five thousand dollars. 
 
 The surveying-, marking and designating of the boundary 
 line between the State of Michigan and Territory of AVis- 
 consin, was provided for by act of Congress, and an appro- 
 priation of three thousand dollars made for that purpose. 
 
 There was granted to the Territory, by an act approved 
 June 18, 1838, for the purpose of aiding in opening a canal to 
 unite the waters of Lake Michigan at Milwaukee, with 
 those of Rock River, all the land not theretofore disposed of 
 in the odd numbered sections within the breadth of five full 
 sections on each side of said canal. 
 
 A joint resolution was adopted June 1)1, 1838, 
 
 "That Congress do hereby dissent from, disapprove and disaffirm an act of the Legisla- 
 tive Council of Wisconsin entitled 'An act to incorporate the stockholders of the State 
 Bank of Wisconsin at Prairie du Chien,'' and the said act, is herety declared to be nnll 
 and void and to have no force or effect whatsoever." 
 
 Of all the legislation at this session of Congress none had 
 been contemplated with more interest by the settlers upon 
 that portion of the public domain in Wisconsin, which had 
 not yet been offered at public sale, than an effective pre- 
 emption law. 
 
 The measure which they had hoped for, and which was 
 generally advocated by the representatives from those 
 states in which the public lands were situated, was one 
 wdiich would confine the sales of the lands to actual settlers, 
 thus preventing their absorption by speculators; provide 
 homesteads to all actual bona fide settlers, and secure a per- 
 manent pre-emption right upon any of the public lands be- 
 fore they were offered for public sale. 
 
 An act entitled "An act to grant pre-emption rights to 
 settlers on the public land" was jjassed June 2-2, 1838, which, 
 while it did not meet the hopes of the settlers, secured to 
 such of them as had resided on their "claims" four months 
 next preceding its passage, the right to enter their claims 
 and obtain a title to them. 
 
 The act of Congress of May 29, 1830, authorized every 
 settler or occupant of the public lands prior to its passage 
 and who was then in possession and cultivated any part 
 
266 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 t 
 
 thereof in the year 1829, to enter not more than one hun- 
 dred and sixty acres or a quarter section, to inchide his im- 
 provement, upon paying to the United States the tlien 
 minimum price of said land. 
 The act of June 22, 1838, declared 
 
 " That every actual settler of the public lands, beina; the head of a family, or over 
 twenty-one years of age, who was in i^ossession and a housekeeper, by personal residence 
 thereon, at the time of the passage of this act and for four months next preceding, shall 
 be entitled to all the benefits and privileges of an act entitled ' An act to grant pre-emption 
 rights to settlers on the public lands, approved May 29, ISSO,' and the said act is hereby 
 revived and continued in force two years." 
 
 It had been foreseen from the time of the establishment 
 of the Territory of Wisconsin, that it would at some time 
 be divided into two or more Territories. The division came, 
 however, sooner than had been generally anticipated. 
 
 By an act approved June 12, 1838, it was enacted 
 
 " That from and after the third day of July next, all that part of the present Territory 
 of Wisconsin, which lies west of the Mississippi River, and west of a line drawn due north 
 from the headwaters or sources of the Mississippi to the Territorial line, shall for the 
 purposes of temporary government,be and constitute a separate Territorial government 
 by the name of Iowa; and after the said third day of July next, aU power and authority 
 of the government of Wisconsin in and over the Territory hereby constituted shall 
 cease." 
 
 The act further provided 
 
 " That from and after the 3rd day of July the terms of the members of the Council and 
 House of Representatives of the Territory of Wisconsin shall be deemed to have expired 
 and an entirely new organization shall take place." 
 
 It provided that the Governor should apportion the mem- 
 bers of the Legislative Assembly among the several 
 counties, and appoint the time of election and of the first 
 meeting of the Legislature at Madison. 
 
 The United States Marshal and Attorney for the Territory 
 of Wisconsin, resided west of the Mississippi, and their 
 offices therefore became vacant, and Edward James was 
 appointed Marshal and Moses M. Strong Attorney for the 
 reorganized Territory of Wisconsin. 
 
 A proclamation of the President of the United States was 
 issued, bearing date July 6, 1838, declaring and making 
 known that public sales would be held at Green Bay on the 
 22d October and 5th November, for the disposal of the pub- 
 lic lands east of the Indian boundary, which had not pre- 
 viously been offered for sale, and within the boundaries of 
 
TERRITORY OF WISCONSIN IN 1838. 207 
 
 the present counties of Columbia, Marquette, Green Lake, 
 northern part of Dodge, Fond du Lac, Winnebago and 
 Door. 
 
 And also at Milwaukee on the 19th day of November and 
 the 3d day of December, for the lands not previously offered 
 in the south part of Dodge county, and in the counties of 
 Jefferson^ Rock, Walworth, Kenosha, Racine, Milwaukee, 
 Waukesha, Washington and Ozaukee, except such sections 
 as were within the limits of the grant for the Milwaukee 
 and Rock River canal. 
 
 The sales to have been held in Milwaukee were postponed 
 until the next year by a proclamation of the President in 
 October. 
 
 The Legislative Assembly convened in special session at 
 Burlington, on the second Monday (11th) of June, pursuant 
 to a joint resolution adopted in the preceding January. 
 
 No change had taken place in the membership of the 
 council, but some changes had taken place in the composi- 
 tion of the House of Representatives. At the previous ses- 
 sion a charge had been made that Alexander McGregor, 
 a member from Dubuque county, had accepted a bribe from 
 one John Wilson, to procure a certain ferry charter at or 
 near Rock Island. The matter w^as referred to a commit- 
 tee, which reported that the charge was true, and that 
 Wilson be brought to the bar and reprimanded, and that 
 McGregor be expelled. 
 
 Upon the consideration of the resolution in relation to 
 Wilson, W. Henry Starr, Esq., an attorney, was permit- 
 ted to appear for Wilson. Mr. Starr having used lan- 
 guage toward Mr. Quigley which the latter regarded as 
 personally offensive, and the House having refused to adopt 
 a resolution to punish Mr. Starr, Mr. Quigley, on the 17th 
 of Januar}^ resigned his seat. He was re-elected to fill the 
 vacancy created by his own resignation. 
 
 The consideration of the resolution for the expulsion of 
 Alexander McGregor, was postponed until the first day of 
 the special session, and in the meantime, soon after the ad- 
 journment, he resigned his seat, and Lucius H. Lang- 
 worthy was elected as his successor. 
 
 James Collins was elected to fill the vacancy occasioned 
 by the resignation of George F. Smith. 
 
368 HISTORY OF THE TERRITORY OF VnSCONSIN 
 
 The two houses were organized by the election of Arthur 
 B. Ingram, President, and George Beatty, Secretary of the 
 the Council, and William B. Sheldon, Speaker, and John 
 Catlin, Chief Clerk of the House. The Governor's message 
 was delivered in the afternoon of the first day of the session. 
 The session was a short one, lasting only two weeks, having 
 been held mainly for the purpose of making a new appor- 
 tionment of members of the House of Representatives, based 
 upon the census taken in May. Thirty-one acts were passed, 
 of which six related to counties, five to roads, seven to the 
 conduct of public affairs, and the remaining thirteen to 
 private matters, of which four were to grant divorces. 
 Among the public acts was one postponing the general elec- 
 tion from the first Monday of August to the second 
 Monday of September ; and another making a new appor- 
 tionment of the members of the House of Representatives to 
 be then elected. Of the twenty-six members, twelve were 
 apportioned among the counties east of the Mississippi river, 
 and fourteen among those west. This apportionment was, 
 however, to be contingent upon the division of the Territory; 
 upon which contingency, it was made the duty of the Gov- 
 ernor to make an apportionment. Having provided that 
 the next session should be held at Madison, the first Legis- 
 lative Assembly of Wisconsin Territory adjourned sine die 
 on the 25th of June, 1838. 
 
 The population of the Territory in May, 1838, as shown by 
 the census, was as follows: 
 
 Brown county 3,048 
 
 Crawford county , 1,220 
 
 Dane county 17ii 
 
 Dodge county 18 
 
 Green county 494 
 
 Grant county 2,763 
 
 Iowa county 3,2U 
 
 Jefferson county 466 
 
 Milwaukee county 3,131 
 
 Racine county 2,054 
 
 Eock county 480 
 
 Walworth county 1,019 
 
 Washington county 64 
 
 Total 18,149 
 
TERRITORY OF WISCONSIN IN 1838. 2G'J 
 
 On the 13th of July the Governor issued his proclamation, 
 making the following apportionment : 
 
 Crawford couuty 1 member of Council, 2 members of House. 
 
 Iowa county , . 2 members of Council, 5 members of House. 
 
 Grant county H members of Council, 4 members of House. 
 
 Brown county, etc 2 members of Council, 4 members of House. 
 
 Milwaukee county, etc 2 membei's of Council, 5 members of House. 
 
 Racine county 2 members of Council, 3 members of House. 
 
 Rock and Walworth counties 1 member of Council, 2 members of House. 
 
 Green, Dane, Jefferson, and Dodge 
 
 counties 1 member of Council, 1 member of House. 
 
 The time fixed for the election was the second Monday in 
 September, and that for the meeting of the Legislative As- 
 sembly was the fourth Monday in November. 
 
 Party lines had not yet been drawn, and the members 
 were chosen without reference to, and perhaps without a 
 knowledge of, their views upon national politics. Among 
 those elected were soine who have since held public posi- 
 tions of distinction. 
 
 The members elect were as follows: 
 
 Crawford County — Council, George Wilson; House of 
 Representatives, Alexander McGregor and Ira B. Brun- 
 
 SON. 
 
 Iowa Cov't^Tx— Council, James Collins and Levi Ster- 
 ling; House of Representatives, Russell Baldwin, John W. 
 Blackstone, Henry M. Billings, Thomas Jenkins and 
 Charles Bracken. 
 
 Grant County — Council, James R. Vineyard and John H. 
 RouNTREE; House of Representatives, Thomas Cruson, 
 Nelson De^vey, Ralph Carver, and Joseph H. D. Street. 
 
 Brown County, and the counties attached to it — Council, 
 Alexander J. Irwin and Morgan L. Martin; House of 
 Representatives, Ebenezer Childs, Charles C. Sholes, 
 Barlow Shackelford and Jacob W. Conroe. 
 
 Milwaukee and Washington Counties— Coitwci7, Daniel 
 Wells Jr, and William A. Prentiss; House of Represent- 
 atives, Lucius I. Barber, William Shew, Henry C. Skin- 
 ner, Ezekiel Churchill and Augustus Story. 
 
 Rock and Walworth Counties — Council, James Max- 
 well; House of Representatives, Edw^ard V. Whiton and 
 Othni Beardsley, 
 
 Green, Pane, Jefferson and Dodge Counties — Council, 
 Ebenezer Brigham; House of Representatives, Daniel S. 
 Sutherland. 
 
270 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 Racine County-Council, William Bullen and Marshall 
 M. Strong; House of Representatives, Orrin R. Stevens, 
 Zadoc Newman and Tristram C. Hoyt. 
 
 At the time of the election of members of the Legislature 
 an election was also had for Delegate in Congress for the 
 Territory, as changed by the establishment of Iowa Terri- 
 tory. 
 
 Under date of Washington, June 20, Hon. George W. 
 Jones addressed a circular letter to the people of Wisconsin, 
 in which he says that he has yielded to the solicitations of 
 his friends to become a candidate for delegate. The act 
 changing the time of election from the first Monday of 
 August to the second Monday of September, was not 
 passed until the 23d of June, and the address was written 
 on the supposition that the election would occur on the first 
 Monday of August. For this reason Mr. Jones said — 
 
 "I fear that I shall not be able to reach home before the day set apart for the election, 
 Which will prevent my communing with you face to face, instead of through the medium 
 of a printed circular." 
 
 He however arrived at Racine on the 24:th July, on his 
 return from Washington, and started the next day in a pri- 
 vate carriage across the Territory for his home at Sinsinawa 
 Mound, and had a few weeks before the election in which 
 to make a personal canvass. Colonel Jones was also nom- 
 inated at public meetings held at Milwaukee and Mineral 
 Point on the 11th day of July. 
 
 In the early part of July the name of Thomas P. Burnett 
 was announced as an independent candidate for delegate. 
 He canvassed the Territory very generally and made public 
 addresses in many places. At two different meetings held 
 in Brown county, Morgan L. Martin was nominated and 
 renominated as candidate for delegate, but before the elec- 
 tion he withdrew from the canvass and became a candidate 
 for member of the Council and was elected. 
 
 At a meeting of citizens of Brown county on the 26th July, 
 James D. Doty was nominated as candidate for delegate, 
 and on the 1st August addressed a letter to the chairman of 
 that meeting, in which he declined that nomination because 
 it was local, and said — 
 
 "I hope therefore my friends will permit me to dechne the acceptance of their nomina- 
 tion, as the nomination of a sinjjle county, and to express my desire, if it accords with 
 their wishes, that they should submit my name to a general convention, and to tender 
 them my thanks for the honor they have done me." 
 
 At a subsequent meeting on the 8th of August, six dele- 
 
TERRITORY OF WISCONSIN IN 1838. 
 
 271 
 
 gates were elected to a Territorial convention to be held, at 
 Madison on the 29th of August, 
 
 Delegates were elected from several other counties, and 
 the assemblage met at Madison on the 29th of August and 
 put Mr. Doty in nomination as a candidate for delegate. 
 
 The contest assumed a triangular form, the three candi- 
 dates being George W. Jones, Thomas P. Burnett and 
 James D. Doty. 
 
 Judge Doty was elected, having received 1,758 votes. Mr. 
 Jones received 1,174, and Mr, Burnett 920. More than 
 seven hundred of the votes for Mr. Burnett were from the 
 western part of the Territory, and would probably have 
 been cast for Mr, Jones if Mr. Burnett had not been a 
 canditate. The odium of the Graves-Cilley duel was a 
 great embarrassment to Mr. Jones in the eastern part of the 
 Territory and cost him many votes. 
 
 The following is the vote by counties in detail: 
 
 Counties. 
 
 Doty. 
 
 Jones. 
 
 Burnett. 
 
 Brown 
 
 442 
 
 502 
 
 325 
 
 133 
 
 83 
 
 3G 
 
 105 
 
 18 
 
 35 
 
 193 
 
 14 
 
 3 
 
 15 
 
 457 
 
 302 
 
 93 
 
 37 
 
 25 
 
 18 
 
 
 35 
 
 Hacine 
 
 98 
 
 Walworth 
 
 43 
 
 Hock 
 
 14 
 
 Iowa 
 
 327 
 
 Grant 
 
 307 
 
 Oi'ciwf ord 
 
 26 
 
 Green 
 
 52 
 
 Dane 
 
 54 
 
 
 
 
 Total 
 
 1,758 
 
 1,174 
 
 920 
 
 
 
 On the 2(jth of October, Edward E. Oliver suffered the 
 extreme penalty of the law — death by hanging. He was 
 executed at Lancaster in Grant county, by the sheriff of 
 that county for the unprovoked murder of John Russell 
 at Cassville about six months previously. 
 
 By the fourth article of the treaty with the Winnebagoes, 
 made at Washington November 1, 1837, in consideration of 
 the cession and relinquishment of all their lands east of the 
 Mississippi, there was set apart by the United States the 
 sum of two hundred thousand dollars , of which fifty thou- 
 
272 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 sand dollars was to be paid specifically to certain individ- 
 uals named in the treaty, and the remaining one hundred 
 and fifty thousand dollars were to be applied to the debts of 
 the nation, which might be ascertained to be justly due, 
 and which might be admitted by the Indians. If the debts 
 amounted to more than that sum, the creditors were to be 
 paid pro rata. 
 
 There was also set apart the further sum of one hundred 
 thousand dollars, to be paid under the direction of the Presi- 
 dent to the relatives and friends of said Indians having not 
 less than one quarter of Winnebago blood. 
 
 Simon Cameron, of Pennsylvania, and James Murray, of 
 Maryland, were appointed by the President commissioners 
 to adjust and pay the debts of the Winnebagoes, and to dis- 
 tribute among their relatives and friends of mixed blood the 
 sum so set apart for them. George W. Featherstonhaugh 
 was appointed secretary of the commission. 
 
 The determination of the question who were the creditors 
 of the Indians, and what was the amount of their credits — 
 the admission of the Indians having been obtained — as well 
 also as the other question of what persons were to be allowed 
 a share of the fund for those of mixed Winnebago blood, 
 were left to the uncontrolled discretion and decision of the 
 commissioners. 
 
 The commissioners gave public notice that their office 
 would be open for business at Prairie du Chien on the 6th of 
 September, when they would adjudicate upon all claims 
 filed with the secretary in the order in which they were 
 filed. 
 
 The whole Winnebago nation was assembled, amounting 
 to about four thousand souls, men, women, and children, 
 and " relatives and friends of mixed blood" innumerable. A 
 large number of creditors was in attendance, and a propor- 
 tionately large number and amount of claims were filed 
 and acted upon. 
 
 It would be only natural that the action of the commis- 
 sioners should subject them to censorious remarks. It was 
 openly charged that collusion existed between a Mr. Brod- 
 HEAD, of Pennsylvania, and the commissioners. He was 
 there in the capacity of attorney for claimants and persons 
 of mixed blood, and it was alleged that he was always suc- 
 cessful, and it was said that he received large commissions, 
 which he divided with the commissioners. 
 
TERRITORY OF WISCONSIN IN 1838. 273 
 
 At the first session of the Legislative Assembly, William 
 BuLLEN was chosen President of the Council, and John W. 
 Blackstone, Speaker of the House. 
 
 It met at Madison, on the 3Gth of aSTovember. 
 
 Upon convening, it was found that the capital was in an 
 unfinished state, and so much dissatisfaction existed with 
 the accommodations at Madison, that it was a matter of 
 doubt for two weeks, whether a temporary adjournment to 
 Milwaukee would not be had. A committee appointed for 
 the purpose of investigating the extent of the accommoda- 
 tions, reported " that at the Madison House there was one 
 room that would accommodate six persons, at the Madison 
 Hotel two rooms that; would accommodate four persons, and 
 at the American Hotel eight rooms, sufficient to accommo- 
 date twenty-six persons. But they could not ascertain that 
 more than fifty persons could be accommodated with suffi- 
 cient rooms for the transaction of business." 
 
 A resolution to remove the session to some other place 
 passed one House, and would probably have passed the 
 other, if there had been any satisfactory evidence that the 
 accommodations at any other place in the Territory were 
 any better. Under the circumstances, the Legislative As- 
 sembly remained at Madison about four weeks, when they 
 adJDurned from the 2M of December to the 21st of January. 
 
 During this short session a committee of three members 
 from each of the two branches was appointed to make a revis- 
 ion of the laws; and two other committees, of three members 
 each, to investigate the banks of the Territory, which they 
 were required to visit in person. The duty of serving upon 
 these committees was practically a removal of twelve of 
 the thirty-nine members from the scene of their labors on 
 the floor of their respective houses, and was the ostensible 
 reason for the recess. 
 
 A special messenger was appointed by joint resolution to 
 proceed to Burlington and procure the quota of the laws of 
 the last session, belonging to the Territory of Wisconsin. 
 
 A joint resolution was also adopted, that James E. Ed- 
 wards, with whom a contract had been entered into on the 
 30th of January, for printing and binding certain laws, and 
 with which he had failed to comply, be directed not to 
 proceed any further with the printing and binding of said 
 laws. 
 18 
 
974 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 The District Attorney of the United States was requested 
 by joint resolution to examine and report whether the Ter- 
 ritory had a title to the ground on which the Capitol stands. 
 
 Moses M. Strong was appointed fiscal agent with author- 
 ity to adjust all accounts for any money appropriated by 
 law to defray the expenses of that session of the Legisla- 
 tive Assembly, and to borrow for the use of the Legislature 
 fifteen thousand dollars, in coin or in notes of the banks of 
 Illinois or Missouri. 
 
 At this December session, twenty acts were passed nearly 
 all of which were of a purely local or private nature. 
 
 The county of Walworth was organized and the county 
 seat located at Elkhorn, and the counties of Manitowoc and 
 Sheboygan were organized for county purposes, continuing 
 attached to Brown county for judicial purposes. 
 
 The proceedings of the board of commissioners of Milwau- 
 kee county were declared legal and valid, and the commis- 
 sioners were also authorized to prepare copies of the record 
 of deeds, etc., from Brown county. Commissioners were 
 appointed to locate the seat of justice of Green county. 
 
 Eleven of the twenty acts related to the locating, author- 
 izing or establishing roads, bridges and ferries, two incor- 
 porated mining companies. 
 
 One changed the name of the Wisconsin University of 
 Green Bay to Hobart University of Green Bay, while the 
 only other and the last act of this short session, approved on 
 the 22d December, was "to provide for the compensation of 
 the officers of the Legislative Assembly and for other pur- 
 poses." The appropriation made by this act amounted to 
 $6,454.14. 
 
 After adopting a joint resolution — 
 
 "That E. Childs, Chairman of the Committee on Arrangements of the House of Repre- 
 sentatives, be instructed to procure, during the vacation, such articles as may be necessary 
 for the accommodation of the Legislature during the next session," 
 
 this first and necessarily short session was adjourned, and 
 such of the members as were not engaged in committee 
 work returned to their l>omes. 
 
TERRITORY OF WISCONSIN IN 1839. 275 
 
 CHAPTER XX. 
 
 TERRITORY OF WISCONSIN IN 1839. 
 
 The proceedings of the third session of the twenty-fith 
 Congress, commencing December 3, 1838, and ending 
 March 3, 1839, so far as they affected the Territory of Wis- 
 consin, were not subordinate in interest to those of any pre- 
 ceding session. 
 
 The first question which arose, affecting those interests, 
 was, which of the two gentlemen claiming the right to rep- 
 resent the Territory during that session — George W. Jones 
 or James D. Doty — was lawfully entitled to the seat ? 
 
 It was claimed by Mr. Jones that by virtue of his election 
 in October, 183G, and in accordance with the provisions of 
 an act of Congress passed March 3, 1817, his term did not 
 expire until March 3, 1839. 
 
 He took his seat at the opening of the third session, as 
 members of the House did, having taken the oath and occu- 
 pied the seat at the first (special) and second sessions of that 
 Congress. 
 
 Mr. Doty presented the certificate showing that on the 
 10th of September, 1838, he had been duly elected, and 
 claimed the seat occupied by Mr. Jones, contesting his right 
 to hold it. 
 
 The matter was referred to the committee on elections. 
 
 The first section of the act of March 3, 1817, which was 
 still in force, prescribed : 
 
 " That in every Territory of the United States, in which a temporary government has 
 been, or hereafter shall be, established, and which, by virtue of the ordinance of Congi-ess 
 of l-'Jth Julj^, 1787, or of any subsequent act of Congress, passed or to be passed, now 
 hath or hereafter shall have the right to send a delegate to Congress ; such delegate shall 
 be elected every second year for the same term of two years for which members of the 
 House of Representatives of the United States are elected." 
 
 It was claimed by Mr. Jones that under the act of 1817, 
 a delegate must be elected only for one Congress, and not 
 for parts of two congressional terms; that his term as a del- 
 egate from Wisconsin did not commence until the 4th of 
 March, 1837, and consequently would not expire until the 
 4th of March, 1839. Of course, upon this hypothesis, it was 
 claimed that his service as delegate previous to March, 1837, 
 
276 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 ■was as a delegate from Michigan Territory, by virtue of liis 
 election as such in 1835. 
 
 It was claimed by Mr. Doty that the act of 1817 was con- 
 trolled by the organic act of the Territory of Wisconsin, 
 passed April 30, 1836, which gives the power to its citizens 
 to elect a delegate to represent them in Congress, without 
 fixing any time for the commencement of his services, and 
 that the term of service commenced instanter upon the elec- 
 tion of the delegate, and that Mr. Jones's duties as a delegate 
 from Wisconsin commenced with his election in October, 
 1836, and terminated with Mr. Doxy's election in 1838. 
 
 On the 31st of December, 1838, Mr. Buchanan, from the 
 committee on elections, submitted a report, in which the 
 committee say— 
 
 .. "After all the consideration which the committee have been able to bestow on the sub- 
 ject, they have no hesitation in saying that considerable difficulty exists in reconcihng the 
 different acts which may be supposed to have a bearing on the matter; yet they feel a 
 great degree of confidence in two positions; first, that it was the intention of Congress by 
 the act of April, 1836, organizing the Territory, to afford the people of the Territory the priv- 
 ilege of an immediate representation in Congress by a delegate to be elected by themselves; 
 and second, that the people of the Territory acted with a view to the enjoyment of that 
 privilege in electing a delegate in October, 1836, and that Mr. Doty is entitled to a seat 
 under his election in 1838." 
 
 The committee reported the following resolution: 
 
 '■'Resolved, That James Duanb Doty is entitled to a seat in this House as a delegate from 
 Wisconsin Territory, and that George W. Jones is not so entitled." 
 
 On the 3d of January, 1839, the resolution reported by the 
 committee being under consideration, its adoption was ad- 
 vocated by Mr. Craig, Mr. Eandolph of New Jersey and 
 Mr. Cary of Michigan. Mr. Jones's right to the seat was ad- 
 vocated by Mr. Thomas of Maryland and Mr. Cushing of 
 Massachusetts, when the previous question having been or- 
 dered, the resolution was adopted by a vote of 165 to 35, and 
 Mr. Doty was qualified and took his seat. 
 
 On the 5th of January, Mr. Mason, of Ohio, offered a reso- 
 lution that Mr. Jones was not entitled to mileage or per 
 diem, which after a long debate was defeated by a vote of 
 96 to 89. So that he received his mileage and per diem, up 
 to the 3d of January. 
 
 The Graves and Cilley duel, to the details of which so 
 much space was devoted in the preceding chapter, led to 
 the passage of the act of Congress of February 30, 1839, 
 
 "To prohibit the giving or accepting within the District of Columbia of a challenge to 
 fight a duel, and for the punishment thereof." 
 
TERRITORY OF WISCONSIN IN 1839. 277 
 
 This act has ever since been in force. 
 
 By its provisions the giving, accepting or the carrying of 
 a challenge to fight a duel, or a message intended as such, 
 ■vvithin the District of Columbia, is made punishable by im- 
 prisonment to hard labor in the penitentiary, not exceeding 
 ten years if the duel is fought, and either party is slain or 
 mortally wounded, and not exceeding five years, whether 
 the duel is fought or not. 
 
 The act also prescribes penalties for minor offenses inci- 
 dental to a challenge. 
 
 The beneficial results to the Territory of the legislation of 
 this session of congress, measured by the appropriations 
 made, were meagre, when compared with the demands 
 made upon Congress as exhibited by the bills introduced in 
 the Senate and House. 
 
 This was attributable in a large degree to the state of the 
 finances of the country at that time, and the embarrassed 
 condition of the country, which was such that it was so dif- 
 ficult to procure funds for the ordinary operations of the 
 Government, that the President recommended that no ap- 
 propriations be made Vv^hich could properly be avoided. 
 
 To this cause may be added the fact, that the contest for 
 the seat of Delegate consumed one month of the short ses- 
 sion, and the legislation affecting the Territory was post- 
 poned until near the close of the session. 
 
 In addition to the appropriation of $9,100 for compensa- 
 tion of Governor, Judges and Secretary, and of $25,000 for 
 contingent expenses, pay and mileage of members of Legis- 
 lative Assembly, printing, etc., the only appropriations made 
 were the following : 
 
 "For the security of the commerce of the United States'" there was appropriated ; "For 
 building a pier at the northern extremity of Winnebago Lake," five hundred dollars; 
 
 " For placing buoys at the mouth of Neenah river at the head of Green Bay, to mark 
 the channel thereof." five hundred dollars; 
 
 " For the survey and estimate of the cost of improving the navigation of the Neenah 
 and Wisconsin Rivei's," two thousand dollars; 
 
 " For the construction of a road from Racine by Jauesville to Sinipee on the JlississippI 
 River," ten thousand dollars; 
 
 " For the survey and construction of a road from Sauk harbor on Lake Michigan to 
 Dekorree on the Wisconsin River," five thousand dollars. 
 
 "For the construction of a road from Foad du Lac on Lake Winnebago by Fox Lake 
 to the Wisconsin River." five thousand dollars; 
 
 That the sum of two thousand dollars, appropriated by 
 act of July 7, 1838, for a railroad, shall be applied by the 
 
278 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 Secretary of War to the survey of a railroad from the town 
 of Milwaukee to the Mississippi River. 
 
 Being a total of twenty-three thousand dollars for internal 
 improvements in the Territory at this session. 
 
 A private act was also passed authorizing John Dough- 
 erty, a well-known Indian trader, to enter at the land office 
 at Mineral Point, section 13, town 3, range 3 east, at the 
 minimum price ($1.25 per acre). 
 
 Besides these acts making appropriations but three others 
 affecting Wisconsin were passed at this session. 
 
 One of these modified the absolute veto power of the Gov- 
 ernor upon the laws passed by the Legislature, contained in 
 the organic act, to a qualified veto, and provided that bills 
 might become laws if passed by a majority of two-thirds 
 after being returned by the Governor without his signature. 
 
 Another act passed was one which provided for the par- 
 tition and division of the township of land owned by the 
 Brothertow^n Indians, among the different individuals com- 
 posing said tribe and declaring that they should be citizens 
 of the United States. 
 
 The other of the three acts alluded to, was to make the 
 " middle or center of the main channel " of the Mississippi 
 River, the common boundary line between the Territories of 
 Wisconsin and Iowa and to give both territories concurrent 
 jurisdiction upon the river. 
 
 The several bills wdiich were introduced and which failed 
 to pass, contemplated legislation of vastly more importance 
 than any or all which did pass. 
 
 Their importance demands a brief reference to them. 
 
 The most important of these, and the most dangerous in 
 its possible consequences, was entitled : "A bill to establish 
 a system of internal improvements in Wisconsin." It pro- 
 vided that the Legislative Assembly of the Territory might 
 authorize by law a loan upon the credit of the Territory of 
 such unlimited sum as might be required for the improve^ 
 ment of the navigation of the Fox and Wisconsin Rivers ; 
 for the improvement of the Rock River and its branches — 
 the Pecatonica, River of the Four Lakes, the eastern branch 
 of Rock River — to connect with the Milwaukee River, and of 
 the latter stream to the lake, and the construction of a canal 
 to connect Rock River with Winnebago Lake at Fond du 
 Lac, and for the construction of such roads and canals as 
 might thereafter be designated. 
 
TERRITORY OF WISCONSIN IN 1839 279 
 
 It authorized the Legislative Assembly to pass such laws 
 as might be necessary to establish a board of public works; 
 to create separate loans for each of said separate objects of 
 improvements, and for the sale and negotiation of the stock 
 for said loans, and to pledge the faith of the Territory and 
 future State for the redemption of the loans at the periods 
 stipulated, being not less than thirty years. 
 
 The net proceeds of the tolls to be received from the 
 w^orks, and all donations of land which might be made to 
 the Territory in aid of said improvements, were to be and re- 
 main pledged for the redemption of the loans. 
 
 The board of public works was to consist of three citizens 
 of the Territory, to be elected by the Legislative Assembly, 
 on joint ballot, under whose direction the several proposed 
 routes for improvement were to be surveyed and constructed, 
 under the control and direction of the Legislative Assembly. 
 
 A survey of the route of any work, with a general plan 
 and estimate of its cost, was to be made under the direction 
 of the Chief of the Topographical Engineers and approved 
 by him before such work could be commenced. 
 
 The money obtained from loans was to have been in the 
 custody of the board of public works, subject to the control 
 and management of the Legislative Assembly. No act cre- 
 ating a loan was to take effect until approved by Congress. 
 
 There were many other minor provisions. 
 
 A most plausible letter to Hon. J. H. Brunson, chairman 
 of the committee on territories, was written by Judge Doty 
 February 2d, in support of this bill, which was laid upon the 
 table to accompany the bill. 
 
 A kindred measure and an essential part of the "system" 
 was "A bill making a grant of land in aid of certain internal 
 improvements in Wisconsin," which was reported in the 
 Senate on the 11th February by Mr. Lyon, from the com- 
 mittee on roads and canals. 
 
 The bill granted to the Territory alternate sections of 
 land along and on each side of the Fox and Wisconsin 
 rivers, and of the canal to connect them, in aid of the 
 improvement of said rivers and of the construction of said 
 canal, which were to be disposed of for the redemption of 
 such loans as might be made by the Legislative Assembly, 
 for the purpose of constructing said improvements. 
 
 It also granted the alternate sections along and on each 
 side of Rock River within the limits of Wisconsin, and of 
 
280 HISTOEY OF THE TERRITORY OF WISCONSIN. 
 
 its branches — the Peckatonica to Mineral Point, and River 
 of the Four Lakes to the Fourth Lake, — and of a canal 
 from Rock River to Fond du Lac, to aid in the improvement 
 of the navigation of said river and its branches, and of the 
 construction of said canal, which lands were in like manner 
 to be disposed of for the redemption of loans. 
 
 The act also granted compensatory lands, to be selected in 
 lieu of such of the granted lands as had been previously 
 disposed of. 
 
 Another bill which was defeated, was one amending the 
 organic act, so as to limit the tenure of the offices of Gov- 
 ernor, Secretary, Marshal and Attorney to two years; Judges 
 to four years, members of the Council to two years, mem- 
 bers of the House to one year, and requiring executive offi- 
 cers to reside at the seat of government. 
 
 " A bill to approve and confirm an act of the Legislative 
 Assembly of Wisconsin " (incorporating banks) passed the 
 House but did not pass the Senate. 
 
 The other measures which were pending but failed to 
 become laws, were: 
 
 A joint resolution which passed the Senate and was sent 
 to the House, appropriating the sum of fifteen thousand 
 dollars for a survey and examination of the lake coast for 
 the purpose of obtaining the necessary information to make 
 accurate charts thereof. 
 
 A bill granting the proceeds of the sale of lots in South- 
 port (Kenosha) for the construction of a harbor at South- 
 port; and another for a road from Southport to Rock River; 
 both failed. 
 
 The bills making Milwaukee and Green Bay ports of 
 entry, making an appropriation of thirty thousand dollars 
 for a harbor at Milwaukee and an appropriation for a like 
 purpose at Racine, all failed to become laws. 
 
 The second Legislative Assembly commenced its second 
 session at Madison on the 21st day of January, to which 
 time it had adjourned on the 22dof the preceding December. 
 
 There was no change in the membership of either house, 
 but James Collins of Iowa county was elected President of 
 the Council, in the place of William Bullen, and Lucius 
 I. Barber of Milwaukee was elected Speaker of the House, 
 in place of John W. Blackstone. The Secretary of the 
 
TERRITORY OF WISCONSIN IN 1839. 281 
 
 Council, Chief Clerk of the House and Sergeant-at-Arms 
 of both houses were re-elected. 
 
 The message of the Governor was delivered on the second 
 day of the session, in which he said: 
 
 -"I deem it not necessary at this time to call your attention to any other subjects except 
 those embraced in my last message, with the exception of our relations with the Winne- 
 bago Indians, to which I would respectfully invite the attention of the Legislative 
 Assembly." 
 
 After describing the recent depredations and threatening 
 demonstrations of the Indians, and his correspondence with 
 the war department, and recommending a memorial to the 
 Secretary of War for four companies of dragoons for the 
 purpose of removing the Indians, the Governor in his 
 message said: 
 
 "Unless the Government takes the proper steps to effect their removal early in the 
 spring, I will assume the responsibility of raising a mounted volunteer corps of riflemen 
 (and head them in person) sufficient to effect their removal from this Territory, with those 
 •who are advising and instigating the Winnebago Indians to remain east of the Mississippi, 
 from no regard they have for the Indians themselves, but for the punpose of defrauding 
 them out of their annuities. 
 
 The resolution adopted at the first session in December 
 authorized the fiscal agent to borrow fifteen thousand 
 dollars 
 
 "In gold or silver or the notes of the Bank of Illinois, or its branches, or the notes of the 
 bank of Missouri for the use of the legislature." 
 
 On the first day of the second session, the fiscal agent re- 
 ported to the Legislative Assembly that he had made a loan 
 from Collier & Pettis of St. Louis, of fifteen thousand 
 dollars, a large part of which was in notes of a bank 
 in Cincinnati; whereupon a resolution was immediately 
 adopted by both houses, reciting that 
 
 " Wpjereas a large portion of the money received by the said fiscal agent from the said 
 Collier & Pettis was of a kind not authorized by the resolution of the Legislative 
 Assembly," 
 
 Resolved, " That the Legislative Assembly approves of said loan and hereby ratifies and 
 agrees to the contract made on the 26th day of December, 1838, by Moses M. Strong, 
 fiscal agent of the Legislative Assembly, with Messrs. Collier & Pettis. 
 
 On the third day of the session, the speaker laid before 
 the House a report of the United States Attorney, in pur- 
 suance of a resolution adopted at the preceding session 
 requesting him 
 
 " To examine and report to the Legislative Assembly as soon as practicable, whetherthe 
 Territory has a title to the ground on which the capitol stands; and if not, in whom the 
 
282 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 title thereof is, together with such other facts in relation thereto, as to him may seem 
 expedient." 
 
 The report states that the land was entered in the joint 
 names of James Duane Doty and Stevens T. Mason, and 
 that Doty conveyed all his right, title and interest to 
 Mason, and after setting forth all the conveyances with 
 particularity, and stating the reason, for the conclusion, 
 states 
 
 " That the result of the whole enquiry seems to be, that Blr. Mason acquired the title to 
 half these lands by the original entry; that he acquired the title to the other half by virtue 
 of the deed from Mr. Doty; thus vesting in him the whole title. That he has never so far 
 as we have examined, parted with that title; the only deed which purports to convey any 
 part of it (the deed from Tillou and Mason to Doty) being void for the reasons already 
 stated; and therefore that neither of the acknowledgments of either of the town plats by 
 by Mr. Doty vests any title to the public square in the Territory." 
 
 Mr. Mason afterward conveyed half of his interest to 
 
 KiNTZING PrITCHETTE. 
 
 The United States attorney, in concluding his report, says: 
 
 " Considering that the interests of the Territory imperatively required that the title to 
 the ground on which the Capitol stands, together with such groimd adjacent thereto as 
 might be convenient, sliould be speedily secured to them, or that it should be known with 
 certainty at an early day that it would not be; I lost no time in writing to Messrs. Mason 
 and Pritchette, and on the 7th of January, instant, I received from them a power of attor- 
 ney authorizing me to convey the title to the Territory, accompanied by a request that I 
 would execute a conveyance agreeably to the authority given in the letter of attorney. 
 Accordingly, on the 16th of January, inst., I executed to the Territory of Wisconsin a 
 deed of the tract known and described upon the plat acknowledged by Mr. Doty as the 
 public square, to be held by the Territory until the organization of a State government, 
 with a reversion to the State when organized, which secures to the Territoiy 'a title to the 
 ground on which the Capitol now stands.' " 
 
 A joint resolution was adopted February 8, 1839, in pursu- 
 ance of which a committee of three members from each 
 House was appointed to investigate the affairs of the com- 
 missioners for the building of the Capitol, with power to 
 send for persons and papers, and administer oaths, and re- 
 port to the Legislative Assembly the manner in which the 
 public building had been conducted and in which the money 
 appropriated by Congress had been paid out. 
 
 The committee, after an investigation and an examina- 
 tion of witnesses, submitted a report, accompanied by the 
 evidence before it, written and oral, from which it appears 
 that the commissioners elected on the 7th of December, 1836, 
 held no meeting until the 4th of the following May, when 
 only Messrs. Doty and O'ISTeill were present. Mr. Bird 
 
TEERITORY OF WISCONSIN IN 1839. 283 
 
 was appointed acting commissioner, with authority to pur- 
 chase materials, employ mechanics and laborers, and to do 
 whatever else was requisite to construct the buildings. 
 
 The act to locate the seat of government, by which the 
 commissioners were appointed, provided that they should — 
 
 "Agree upon a plan, issue proposals, giving clue notice thereof, and. contract for the 
 erection of said buildings without delay." 
 
 The report of the committee states — 
 
 " That the commissioners, instead of entering upon the discharge of their duties agree- 
 ably to the requirements of the law under which the board were created, and in which 
 their duties were plainly marked out, boldly assumed the power of purchasing materials, 
 employing mechanics and laborers, and proceeding in the construction of the buildings on 
 their own account. The acting commissioner in the month of May, 1837, commenced 
 operations at Madison, having previously engaged a number of mechanics, purchased pro- 
 visions, etc. The construction of the work was continued by him until the mouth of Sep- 
 tember following, when a notice for proposals was issued for the first time. Three bids 
 were received, but none were accepted by the commissioners, and the work was continued 
 by them until April ^'5, 183.S." 
 
 A contract was let to James Morrison April 17, 1838, to 
 complete the buildings for the sum of $36,300. 
 The committee submitted the evidence — 
 
 "Without expressing an opinion in relation to the proper measures to be adopted by the 
 Legislature." 
 
 The report was submitted in the House on 4th March by 
 Mr. Blackstone, one of the members of the joint com- 
 mittee. It was read and referred back to the committee 
 appointed on the part of the House, with instructions to 
 report by bill or otherwise. 
 
 Mr. Blackstone in behalf of the committee, on the same 
 day reported — 
 
 ''That the commissioners have acted from the commencement of their duties in direct 
 violation of the laws under which they were appointed. Under a conviction of this fact 
 your committee would respectfully report the following bill — " 
 
 The bill without material amendment became a law on 
 the Stli of March. It repealed the 3d section of the act of 
 December 3, 1830, which provided for the election of com- 
 missioners, to cause the necessary buildings to be erected. 
 
 It further provided that three commissioners should be 
 elected by joint ballot, who should be styled Commissioners 
 of Public Buildings, and that an annual election should bo 
 held, the commissioners to hold their offices until the termi- 
 nation of the next regular session of the Legislative Assem- 
 bly after their election. 
 
 The act prescribed that the old commissioners should im- 
 
28i HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 mediately settle their accounts with the new commissioners 
 and pay over to them all money or evidences of debt in 
 their hands, and books, papers, etc., and if they should neg- 
 lect or refuse it was made the duty of the new commis- 
 sioners to cause suit to be instituted against them in the 
 name of the Territory. 
 
 It was made the duty of the new commissioners under 
 this act, to cause the public buildings which had been com- 
 menced to be completed and finished according to the con- 
 tract with Morrison. 
 
 James L. Thayer, ISTathaniel C. Prentice and Lester 
 H. Cotton were elected commissioners. 
 
 The efforts of the new commissioners to effect a settle- 
 ment with the old ones or to obtain from them any money, 
 evidences of debt, books or papers, having proved unavail- 
 ing, they instituted a suit in the naixie of the Territory 
 against the former commissioners for the recovery of the 
 money in their hands. 
 
 The contract of Morrison for completing the Capitol ex- 
 pired on the 20th of September, at which time it was entirely 
 unfinished, almost no work having been done since the 
 adjournment of the Legislative Assembly, although the con- 
 tractor had been overpaid by the old commissioners $7,400.70, 
 according to the estimate of the new commissioners. 
 
 Suit was commenced against him and his sureties for a 
 breach of the contract and for the recovery of the public 
 money in his hands. 
 
 The new commissioners having no public funds, advanced 
 of their own over $330, with which they did such work on 
 the Capitol, as enabled the Legislative Assembly to occupy 
 it, at the next session. 
 
 The reason assigned by Judge Doty in several communi- 
 cations in the newspapers, for refusing to account with and 
 pay over to the new commissioners the funds in his hands 
 was that Congress, by the act of June 18, 1838, mak- 
 ing a second appropriation of $20,000 for completing the 
 public buildings, had enacted that the money should 
 
 " Be expended according to the act of the Legislative Assembly, entitled 'An Act to 
 establish the seat of Government of the Territory of Wisconsin and to provide for the erec. 
 tion of public buildings,' approved December 3, 1836;" 
 
 and that the Legislature had not the 
 
 " Power to cause the sum appropriated by Congress to be expended by any other per- 
 
TERRITORY OF WISCONSIN IN 1839. 285 
 
 sons than the commissioners elected in pursuance of the third section of the act of 
 December 3, 1830." 
 
 The financial condition of the whole country during the 
 winter of 18.'38-9, resulting from the crash of 1837, and the 
 general suspension of specie payments, affected the infant 
 Territory of Wisconsin no less disastrously than the longer 
 settled portions of tlie country. 
 
 Two banks — one at Green Bay and one at Mineral Point, — 
 were in active operation at this time, and the charter of 
 another was in existence — the Bank of Milwaukee — the 
 franchises of which were claimed by two different boards of 
 directors, but were not practically exercised by either. 
 
 At the December session separate joint committees had 
 been appointed to investigate the affairs of the Bank of 
 Wisconsin at Green Bay, and the Bank of Mineral Point. 
 
 The first named committee went to Green Bay and com- 
 menced their duties on the 1st of January. The only officers 
 of the Bank were H. Stringham, Cashier, and H. W. Wells, 
 Clerk. They each presented sworn statements of the affairs 
 of the Bank, but refused to be examined or to answer any 
 questions under oath, and would not exhibit to the commit- 
 tee the books of the bank for their inspection. The commit- 
 tee reported such statements as the officers had volunteered 
 to give, and expressing their regret that circumstances 
 beyond their control had prevented them from fully and 
 satisfactorily making such an investigation and report as 
 the resolution under which they acted contemplated; they 
 reported that the refusal of the officers of the bank to allow 
 the committee to examine into the doings of the corpora- 
 tion is, in the opinion of the committee, a direct abuse and 
 violation of the provisions of its charter. 
 
 Thereupon the Legislative Assembly passed an act that 
 the Attorney General of the Territory commence and pros- 
 ecute a suit by injunction to close up all proceedings of said 
 Bank and annul its charter, and authorizing the court to 
 appoint a receiver to take charge of its property, collect its 
 debts and pay its creditors the proportions due to them. 
 
 Upon the passage of this act Henry S. Baird, the Attor- 
 ney General, resigned his office, and on the 30th March the 
 Governor appointed Horatio IST. Wells his successor, who 
 commenced and prosecuted the suit against the bank and 
 obtained the appointment of a receiver, under whose charge 
 Uie affairs of the bank were wound up. 
 
286 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 The committee appointed to investigate the affairs of the 
 Bank of Mineral Point met there on the 4th and 5th of Jan- 
 uary. Every facility for making the examination was fur- 
 nished by the cashier, who presented a statement of the 
 affairs of the bank, prepared and sworn to by him, which 
 the committee compared with the funds in the bank and 
 with the books, and which they reported to be a fair and 
 correct statement of the affairs of the institution. 
 
 The report concludes: 
 
 "From a full and particular investigation of its books and funds, and from the statement 
 of its cashier under oatli, as well as from the general confidence of the community in 
 which it is placed, your committee unhesitatingly express their belief that the Bank of 
 Mineral Point is in a safe and solvent condition," 
 
 when the experience of a short time demonstrated its utter 
 insolvency. 
 
 The Legislative Assembly made short work of disposing 
 of the Bank of Milwaukee, by the unconditional repeal of 
 the act of November 30, 1S3G, incorporating it, and declaring 
 that the charter granted by said act be annulled, vacated 
 and made void. 
 
 It would seem that the action of the Legislative Assembly 
 was not prompted by any spirit of hostility to banks as 
 such, as at the same session an act was passed to incorporate 
 the State Bank of Wisconsin, with a capital of one mill- 
 ion dollars, which was to be procured in this wise: 
 
 The stockholders were to make subscriptions for stock, 
 which were to be guaranteed and secured by mortgages on 
 real estate, and the directors were to obtain the capital by 
 the issue of the bonds of the bank, payable at the expiration 
 of its charter, for the payment of which the mortgages 
 given by the stockholders were to remain a perpetual 
 pledge to the holder of the bonds of the bank. 
 
 The Governor was authorized to subscribe for over half 
 of the capital, and pay for it in bonds of the Territory bear- 
 ing 7 per cent, interest payable in 18G3. 
 
 There was to be a mother bank and branches, not exceed- 
 ing five, located where the directors might determine. 
 
 This act could not go into effect until approved by Con- 
 gress, which approval was never given, and the "State Bank 
 of Wisconsin" died still-born. 
 
 Another abortive act of this session, under which it was 
 contemplated that a banking business would be done at 
 Sinipee in Grant county, was "An act to incorporate the Mis- 
 sissippi Marine and Fire Insurance Company." But Sinipee 
 
TERRITORY OF WISCONSIN IN 1839. ^87 
 
 failed to justify the sang-uine hopes of its progenitors, who 
 were alike unsuccessful in giving vitality to the "Insurance 
 Company" charter. 
 
 But far different was the fate of "An act to incorporate 
 the Wisconsin Fire and Marine Insurance Company," passed 
 at this session. Its authorized capital was five hundred 
 thousand dollars, and was controlled by some wealthy 
 Scotch gentlemen, who organized it, and who, under the 
 power contained in the charter, to " receive money on de- 
 posit, and loan the same," filled all the channels for money 
 circulation in the valley of the Mississippi for years, with 
 its certificates of deposit, in the similitude of, and which 
 supplied the place of, bank notes, although the charter ex- 
 pressly provided that nothing therein contained should give 
 the company banking privileges. This is a striking illus- 
 tration of the futility of legislative restrictions upon the ex- 
 ercise of corporate powers, especially when sustained, as 
 that company undoubtedly was, by popular sentiment. 
 
 Three acts incorporating mining companies, and two in- 
 corporating manufacturing companies, were passed at this 
 session. 
 
 The " Pekatonica and Mississippi Railroad Company," to 
 construct a railroad from Mineral Point to the Mississippi 
 River, and the " Pekatonica Navigation Company," to con- 
 struct a canal or slack-water navigation along the valley of 
 the Pekatonica River, from the Illinois state line to Mineral 
 Point, were the only internal improvement corporations of 
 the session. 
 
 Acts were passed appointing connnissioners to lay out 
 territorial roads from Rochester to Madison, from the Illi- 
 nois line near Fox River to Prairie Village, from Geneva to 
 Milwaukee, from Geneva to Fond du Lac, from Mineral 
 Point to English Prairie, from Janesville to White Oak 
 Springs, from Mineral Point to Sinipee, from Southport to 
 Madison, from Manitowoc to Green Bay, from Southport to 
 Beloit, from Manitowoc Rapids to Sheboygan Falls, from 
 Mineral Point to Brewster's Ferry, from Plum Creek to Man- 
 itowoc Rapids, from Prairie du Chien to Fort Winnebago, 
 from Sac Creek to Fort Winnebago, from Milwaukee to 
 Watertown, and from Sheboygan to Madison. 
 
 These matters at that early day were regarded as of great 
 local importance. 
 
288 HISTORY OF THE TERRITOEY OF WISCONSIN. 
 
 Two acts were passed authorizing private parties to erect 
 dams across Rock River. One "at a place known as John- 
 son's Rapids, on section 4, town 8, range 15;" so little was 
 the present city of Watertown then known. The other was 
 in section 6 or 7, in town 11, range 16, where Horiconnow is. 
 
 Several acts organizing municipal corporations passed. 
 
 One of these incorporated "The President and Trustees of 
 the town of Green Bay/' consisting of the north ward and 
 the south ward. 
 
 Another incorporated "The President and Trustees of the 
 town of Milwaukee," consisting of the east ward and the 
 west ward. 
 
 The only other act of importance in relation to munic- 
 ipal corporations, was an act to establish certain towns in 
 Milwaukee, Brown, Racine and Walworth counties. 
 
 The towns established by this act were Lake, Kinnike- 
 nick, Milwaukee, Vernon, Prairie Village, Muskego, Lisbon, 
 Mequanego, Brookfield, Gennessee, Summit, Washington, 
 Dodge, Bark River, Finch, Jefferson, Watertown, Racine, 
 Mount Pleasant, Rochester, Salem, Burlington, Troy, Spring 
 Prairie, Elk Horn, Delavan, Geneva, Southport, Pleasant 
 Prairie, Rock, Sheboygan, Manitowoc, Oconto, Pasaukie, 
 Howard, Kakalin, Winnebago, Butte des Morts, Calumet, 
 Fond du Lac, Depere, Green Bay, Bay Settlement, Portage 
 and Kewaunee. 
 
 The organization of the counties of Rock, Dane, Jeffer- 
 son and Fond du Lac was authorized by laws passed at this 
 session. 
 
 Commissioners having been appointed at the December 
 session to locate the seat of justice of Green county, they 
 performed that duty and in pursuance of the act by which 
 they were appointed, the Governor on the 20th of February 
 issued his proclamation announcing the result. 
 
 This action was unsatisfactory to a large number of the 
 citizens of the county, who expressed their dissatisfaction at 
 a public meeting held on the 23rd of February, and as a 
 result another act was passed March 9th, providing for an 
 election by the male residents of the county on the first 
 Monday of May. This election resulted in a tie vote. 
 There were 130 votes polled, which were equally divided be- 
 tween " New Mexico " and the other location. 
 
TERRITORY OF WISCONSIN IN 1839. 289 
 
 An act of considerable importance to the citizens of Ra- 
 cine and relating to the origin of the titles of many lots in 
 that city was passed at this session. 
 
 On the 2nd of January, 1838, an act had been passed 
 which appeared to contemplate that Gilbert Knapp should 
 loan to the board of supervisors of Racine county, a suffi- 
 cient sum to enable them to enter the east fractional half of 
 section 9, town 3, range 23, as the county seat of Racine 
 county, in pursuance of the act of Congress of 1824, au- 
 thorizing them to do so, and that the supervisors should 
 re-sell the lands so entered, to Mr. Knapp at ten dollars per 
 acre. 
 
 By an act passed February 2, 1830, the foregoing act was 
 repealed, and the Board of County Commissioners were 
 authorized to convey said lands for a gross sum of $8,000, or 
 a part thereof — if they only obtained title to part — for a 
 proportionate part of that sum. 
 
 By a resolution adopted at this session, John V. Suydam, 
 Francis C. Kirkpatrick and Jeremiah B. Zander were ap- 
 pointed commissioners to locate a portion — not exceeding 
 two thirds — of the lands donated by Congress for the use 
 and support of a university. No selections were made 
 under tliis appointment and the act became obsolete. 
 
 Acts were passed to incorporate the "Southport Academy" 
 and the " Platteville Academy," the objects of w^hich were 
 entirely educational. 
 
 The " Jefferson Institute," to be located at or near Azta- 
 lan, was also incorporated, the object of which was : 
 
 '' The instruction of young men in practical and scientific agriculture, and the promo- 
 tion of the general interest cf education." 
 
 And another act was passed to incorporate " The Milwau- 
 kee Lyceum," the objects of which were : 
 
 "The advancement and general diffusion of useful knowledge, by discotu-ses or lectures, 
 by the formatitn of a l.brary, and also the collection and preservation of such facts and 
 specimens as will tend to illustrate the antiquities, the civil and natural history of Wis- 
 consin/' 
 
 An act was passed relating to judicial districts by which 
 the counties of Crawford, Grant and Iowa were made to 
 constitute the first disti'ict ; Walworth. Rock, Green and 
 Dane the second, and Brown, Milwaukee and Racine the 
 third. It provided that Charles Dunn should be judge of 
 19 
 
290 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 the first district, David Irvin of the second, and Andrew G. 
 Miller of the third, and fixed the times for holding courts 
 in the several counties. 
 
 It was provided by law that the regular sessions of the 
 Legislative Assembly should commence on the first Mon- 
 day of December, annually. 
 
 The appropriations made by the Legislative Assembly, 
 for the pay of members, printing, and all incidental ex- 
 penses of this session amounted to $25,614.80, and those of 
 the December session amounted to $6,450.14, making a total 
 of $32,064.94, being an excess of 67,064.94 over the appropria- 
 tion made by Congress. 
 
 The most important work of this session was the revision 
 of the laws, which was perfected during the recess, and 
 submitted to the two Houses at their second meeting. 
 
 The committee for this purpose consisted of Messrs. Mar- 
 tin, Marshall M. Strong, and Collins, of the Council, and 
 Messrs. Whiton, Story, and Shackelford, of the House of 
 Representatives. They were required by the resolution to 
 make a division of the labor of revision, and the portion 
 allotted to each branch of the committee was to be reported 
 to the House of which they were members. The commit- 
 tee, during the recess of the Legislative Assembly, prepared, 
 and at the succeeding session reported, numerous bills, 
 which were passed by that body, and compose the principal 
 part of the laws contained in the volume of the Revised 
 Statutes published in 1839, and which took effect the 4th of 
 July of that year. 
 
 Hon. Edward V. Whiton, the late able and upright Chief 
 Justice of the State, was entrusted by the Legislative As- 
 sembly with the care of the printing and publication of this 
 volume, and the preparation of marginal notes and index. 
 The manner in which he discharged these duties was such 
 as might have been expected, and did great credit to his 
 comprehension of the subject, and to his carefulness and 
 industry. The volume itself was a most valuable one to all 
 classes, but especially to the courts and lawyers, during the 
 ten years of Territorial life in which it was the vade mecuni 
 of statutory law. 
 
 Other questions, of more or less temporary interest, occu- 
 pied the attention of the Legislative Assembly during its 
 long and laborious session, which cannot be referred to in 
 
TEERITORY OF WISCONSIN IN 1839. 291 
 
 detail; and it may with truth be said that, as a whole, no 
 session during the existence of the Territorial government 
 ever performed more labor, or in a more satisfactory manner. 
 
 To avoid a recurrence of the question as to the beginning 
 and end of the term of service of the delegate in Congress 
 from Wisconsin, which was the cause of the contest between 
 Messrs. Jones and Doty, it was provided in an act "to pro- 
 vide for and regulate general elections," embodied in the 
 new Revised Statutes, that "an election for a delegate to 
 serve in the Twenty-sixth Congress (or so much thereof as 
 may remain after the term of the present delegate shall 
 have expired) shall take place on th6 first Monday in August, 
 1839, and on the same day in every second year thereafter." 
 
 Although this act did not take effect until the 4th of July, 
 it was approved March 7th, and it was well known that an 
 election for delegate to Congress would be held on the first 
 Monday of August, and public sentiment commenced at 
 once to take shape with reference to that event. 
 
 Hitherto national politics had not been an important 
 factor in Territorial elections, but now a large num- 
 ber thought it wise that party lines should be drawn. 
 
 The first demonstration in this direction was a public 
 meeting at Mineral Point on the 13th of April, which, after 
 setting forth several reasons why the democrats of Wis- 
 consin ought to unite for the purpose of effecting a perma- 
 nent organization, adopted resolutions recommending to 
 their democratic fellow citizens in the several counties, to 
 appoint delegates for the purpose of meeting in general 
 convention at Madison on the first Monday of June, "for the 
 purpose of deliberating on measures for the general good," 
 and calling upon all democrats in the several counties to 
 organize, to appoint all necessary committees for that pur- 
 pose, and to correspond frequently with each other to pro- 
 mote general harmony and concert. 
 
 A few days later a call for a "Territorial Convention" was 
 issued signed by 3G voters of Brown county and 30 of Dane 
 county, who 
 
 "Believing that in the selection and election of a candidate (for delegate in Congress) 
 there should be a general understanding and unity of action on the subject, recommended 
 that meetings be held throughout the scTeral counties for the purpose of appointing dele- 
 gates to attend a ^Territorial Convention'' to nominate a proper person to represent the 
 people in Congress." 
 
292 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 The call recommended the 18th day of June, at Madison, 
 as the proper time and place for holding the "Territorial 
 Convention." 
 
 On the 3d of June, agreeably to the request of the meeting 
 held at Mineral Point on the 13th of April, delegates met at 
 Madison, from Dane, Iowa, Rock and Green counties and 
 organized a democratic convention. 
 
 A committee on credentials was appointed and reported 
 a list of delegates elect, and a committee on resolutions hav- 
 ing been appointed made a report recommending that the 
 convention adjourn until the 19th of June, which was 
 adopted. 
 
 On the 1st day of June a meeting was held at Green Bay, 
 at which six delegates were appointed to attend the "Terri- 
 torial Convention," at Madison on the ISth of June, and in- 
 structed the delegates to use every fair and honorable 
 means to secure the nomination of James Duane Doty. 
 
 One of these delegates was Hon. Mokgan L. Martin who 
 published a card on the 4th of June, announcing his deter- 
 mination not to act in that capacity, in which he says: 
 
 "That the proceedings of tliat meeting do not accord with the sentiments of a large, and 
 perhaps the larger portion of this community, and that its design was to secure a packed 
 convention for particular purposes. It should, I think, be condemned by every one who has 
 the interest of our country at heart." 
 
 The " Territorial Convention " met at Madison on the 18th 
 of June. Twenty-six delegates were in attendance of 
 whom six were from Brown county, five from Racine, seven 
 from Milwaukee, five from Dane, one from Walworth, one 
 from Rock and one from Dodge. Gjlbekt Knapp was 
 elected President and Sat. Clark and A. A. Bird, secre- 
 taries. 
 
 A committee appointed for that purpose reported the fol- 
 lowing resolutions which were unanimously adopted: 
 
 " Resolved, That this conventicn do nominate James Duane Doty of Brown county as a 
 candidate for election to the office of delegate in Congress in August next. 
 
 Eesohed, That we deprecate the bitter course of his enemies in endeavoring unjustly 
 to deprive him of his seat in Congress in violation of the express wishes of a large por- 
 tion of the electors, thus delaying the business of the Territory and crippling his efforts 
 to procure appropriations. 
 
 Resolved, That we believe that those who are hostile to him, are moved by feelings of 
 prejudice and a greedy desire to obtain thecrumbs of office. 
 
 Resolved, That ve call on his friends in the east and west, north and south, to rally at 
 the polls in August next, in such numbers as to silence forever the clamor and abuse of his 
 enemies. 
 
 Resolved, That the ridiculous assemblage of Whigs and Administration men under 1 c 
 
TEEEITORY OF WISCONSIN IN 1839. 293 
 
 banner of Democracy which convenes at Madison on the 19th for the purpose of nomina- 
 ting an available candidate, is calculated to excite the disgust and contempt of every 
 true party man. 
 
 Resolved, That we will use all fair and honorable means to secure the election of James 
 DuANE Doty as delegate to Congress — that we will not give sleep to our eyes nor slumber 
 to our eyelids till we can say that we have met the enemy and they are ours." 
 
 The convention also resolved : 
 
 " That H. N. Wells of Milwaukee, Thomas P. Burnett of Grant county, and John 
 Lawe of Green Bay, be appointed a committee for the jjurpose of calling future conven- 
 tions." 
 
 And further : " That any attempt to effect a party organization in the election of Dele- 
 gate for this Territory at this time, will be calculated to injure the true interests of the 
 Territory and greatly lessen the influence of such Delegate in the councils of the nation." 
 
 The Democratic Territorial convention which had met at 
 Madison, on the 3d of June, aiid adjourned to the 19th, re- 
 assembled at that time. 
 
 William B. Sheldon was President; Wm. H. Banks 
 and Wm, N. Seymour, Secretaries. 
 
 There were thirty-five delegates in attendance, of whom 
 10 were from Iowa county, 7 from Dane, 7 from Brown, 7 
 from Milwaukee, 1 from Rock, 2 from Portage and 1 from 
 Dodge. 
 
 An informal ballot was had for a candidate for the dele- 
 gacy, the result of which was as follows : 
 
 Byron Kilbourn 18 votes. 
 
 Morgan L. Martin 7 votes. 
 
 John P. Sheldon 8 votes. 
 
 George W. Jones 2 votes. 
 
 Some of the persons who were acting as delegates were of 
 Whig antecedents, and as a consequence, a discussion en- 
 sued, as to the political character of the convention, which 
 resulted in the adoption of the following resolution : 
 
 " Resolved, That this be considered a Democi atic convention, and that we are in favor 
 of drawing the party lines." 
 
 Thereupon a formal ballot was taken, as follows : 
 
 Byron Kilbourn 24 votes. 
 
 Morgan L. Martin 10 votes. 
 
 George W. Jones 1 vote. 
 
 And Mr. Kilbouen was decided duly nominated. 
 
 The convention adopted this preamble and resolution — 
 
 "Whereas, the intentions and feelings of the members of this convention in relation to the 
 objects of their meeting on this day, have been assailed with a wantonness and illiberality 
 as unexampled as it was unexpected, and inasmuch as certain citizens assembled osten- 
 sibly in convention at this place yesterday, have by their proceedings endeavored to give 
 countenance to those assaults, and to njisrepresentatious of a malignant character; 
 therefore — 
 
294 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 Resolved, That we feel it to be a duty due to our fellow citizens gjenerally and to our 
 own characters, to deny, as false and groundless, the assertion and intimation that we are 
 here to carry into effect any sectional project, or to give our aid to promote the aspira- 
 tions or interests of any particular individual." 
 
 Other resolutions were adopted discountenancing and re- 
 buking attempts to create or foster sectional jealousies, and 
 calling upon the citizens of the Territory to aid in the 
 organization of the parties to which they have honestly 
 attached themselves, be they democratic, whig or conserva- 
 tive. 
 
 The "citizen" and his consort with '-'bank speculators," 
 alluded to in the following resolutions, was so well under- 
 stood to be Judge Doty, that a more pointed reference to 
 him was not thought necessary. These were the resolu- 
 tions: 
 
 Resolved, That whenever a citizen by his own exertions, or through the labors of those 
 who have placed themselves under his dictation, attempts to aggrandize himself by pro- 
 moting sectional jealousies and prejudices, or by injuring by misrepresentations the rep- 
 utation and public character of those who will not administer to his ambitious cravings, 
 that individual should be divested of the public confidence and receive the open condenma- 
 tion of his fellow citizens. 
 
 Resolved, That we will unite our individual exertions, and urge our fellow-citizens 
 throughout the Territory, to unite in opposing all candidates for the suffrages of the people 
 of Wisconsin who may have willfully, at any time, consorted with reckless bank specula- 
 tors for the purpose of defrauding the public by means of fraudulent and insolvent 
 banks." 
 
 The Democratic candidate was spoken of in resolu- 
 tions as — 
 
 "In every respect well qualified to discharge the various and arduous duties devolving 
 upon a Representative in Congress." It was said "That his general information in re- 
 gard to the wants of the Territory, will enable him, if elected, to secure to each portion its 
 proper share of the benefits of appropriations which mdy reasonably be expected from 
 Congress." 
 
 A committee of five was appointed to prepare an address 
 to the people; and a " central corresponding committee" was 
 appointed in each county. 
 
 Immediately after his nomination Judge Doty addressed 
 " To the Public" a communication containing an explana- 
 tion and defense of his transactions in relation to the title 
 ' to lots in Madison, which was first published in the Wiscon- 
 sin Enquirer, and copied into other papers. 
 
 In reply to this communication Gov. Mason of Detroit 
 had published a communication in the Enquirer of July 
 29th, in which he says 
 
 " That the publication of Doty is a tissue of fabrications from beginning to end, as false 
 as the man is base." 
 
TERRITORY OF WISCONSIN IN 1839. 295 
 
 On the 19th of July, Judge Doty pubhshed another com- 
 munication " To the Pubhc " in the Enquirer in defense of 
 his neglect to meet the new board of commissioners of 
 public buildings and settle with them his accounts as treas- 
 urer of the old board. The essence of this defense is in the 
 following extract: 
 
 " The appointment of the fli'st board of commissioners having been sanctioned by Con- 
 gress, it is not very probable they (the commissioners) will, without due authority, surren- 
 der the intei'ests of the seat of government to its political enemies. When Congress 
 approves of the law superseding the first board, I shall willingly surrender my place." 
 
 Judge Doty made as thorough a personal canvass of the 
 Territory as the limit of time before election would admit, 
 and his easy, familiar intercourse with the people, prepos- 
 sessing personal presence and wonderful suavity of manner, 
 were very effective in removing prejudices which existed 
 against him and in making and attaching to him new sup- 
 porters . 
 
 As no accusations which demanded defense or explana- 
 tion had been made against Mr. Kilboukn, he was not re- 
 quired to offer any. 
 
 Instead of this he presented to the people a very able and 
 somewhat elaborate address of considerable length, contain- 
 ing a statement of his views in relation to the course which 
 ought to be pursued by the Delegate, and which he should 
 consider it his duty to pursue, if elected. 
 
 After adverting to the natural features of the country, and 
 the natural means and capabilities for its improvement, em- 
 bracing the Mississippi on the west, the chain of inland seas 
 on the north and east, and Rock River in the interior, with 
 its tributaries — the River of the Four Lakes and the Peck- 
 atonica — and also the Fox and Wisconsin Rivers; the 
 statement continues that Congress has placed in the hands 
 of the Territory a grant of lands, which will secure, beyond 
 a doubt, the successful completion of the Milwaukee and 
 Rock River canal. 
 
 The address states that public interest demands that gov- 
 ernment aid should be secured for completing the connec- 
 tion between the Fox and "Wisconsin Rivers, and for the 
 improvement of those streams from Green Bay to the Mis- 
 sissippi, and continues : — 
 
 " Suitable aid for this and the Peckatonica improvement, either in land or money, ought 
 to be sedulously sought for by our Representative ; and I would not seek the support nor 
 ask the confidence of my fellow-citizens, if I could not freely and frankly pledge myself 
 to the active support of these essential measures." 
 
296 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 The address advocates the improvement of the rapids of 
 the Mississippi River, and devotes much space to the sub- 
 ject of harbor improvements on the v^estern coast of Lake 
 Michigan. 
 
 The danger of asking for too much at once is suggested, 
 and the pohcy advised of — 
 
 "Asking at the next session of Congress appropriations for two or perhaps three harbors 
 (not to exceed the latter number). Those harbors would thenceforth come up in connec- 
 tion with the 'old harbor bill,' and would in no wise interfere with the introduction of a 
 new bill at the next succeeding session for two or three new harbor appropriations, and in 
 this manner we should probably secure to the country the object so long sought for in 
 vain." 
 
 The three points for which the address suggests that 
 appropriations should be first asked, are Milwaukee; South- 
 port (or Pike River) and Sheboygan, and in that order. The 
 next in importance are stated to be Racine and Manitowoc 
 (or Twin Rivers). The other points along the lake being 
 (in the present state of the country) of minor importance, 
 will not immediately claim the attention of the govern- 
 ment. 
 
 The address further says — 
 
 "In order to render these (harbors) of the greatest possible value to the country, simulta- 
 neous appropriations ought to be secured for the construction of roads leading from these 
 several points (Milwaukee, Southport and Sheboygan) to the interior." 
 
 "It can be urg(;d " (says the address) " with great force and propriety upon Congress 
 that the government have already drawn from this Territory near $3,000,000 in the shape 
 of land revenues, and more than a quarter of a million from the mineral region by a 
 direct tax on their labor and industry " (rent lead) — 
 
 " We ought in justice to receive an appropriation not less than $100,000 per annum to be 
 expended in works of primary importance in the mineral district, and a like amount to be 
 expended along the lake border, in the interior for the next five years, and this sura would 
 but little, if any, exceed the amount of direct taxation drawn from the mineral country 
 and five per cent, on the land revenues drawn from the Territory up to the close of that 
 period." 
 
 In relation to political questions the address says: 
 
 '■ All who know me are aware that I have been a steadfast friend and supporter of the 
 present administration and of the Democratic party. 
 
 I am, nevertheless, free to state, that so far as regards parties within the Territory, my 
 opinion is decidedly that the interests of this country would not be promoted by fixing 
 now the rule of party lines as a test for support or opposition to our candidates for offices 
 and public trusts." 
 
 " While, therefore, I assert my full adhesion to Democratic principles and republican 
 government, I must be permitted to state distinctly that if the people shall select me as 
 their delegate in Congress, it must be with the full understanding that I cannot consent to 
 occupy that station as a partisan politician. Bly politics will be to secure ' the greatest 
 good to the greatest number 'of the people of our Territory." 
 
TERRITORY OF WISCONSIN IN 1839. 
 
 297 
 
 Mr. KiLBOURN also visited different parts of the Territory, 
 but his canvass was by no means so thorough as that of his 
 principal competitor. 
 
 The aspect of the contest for the election of delegate to 
 Congress was materially affected, and involved in increased 
 uncertainty, by the self-assumed candidacy of Thomas P. 
 Burnett, which was announced on the 29th of June, in the 
 following card: 
 
 To THE People of Wisconsin : 
 
 Fellow-Citizens — At the request of numerous friends, I have concluded again to become 
 a candidate to represent you as delegate in Congress. In presenting myself a second time 
 before you to solicit your suffrages, I do so without reference to any party, either local 
 or national, and independently of caucus nominations. If elected I shall devote my labors 
 with zeal and fidelity to promote the best interests of the whole Territory, without regard 
 to parties or sectionalinterests. The period of time which will elapse between this and 
 the day of the election is too short to allow me to visit the different parts of the Terri- 
 tory for the purpose of making myself more generally known, and I hope this will be con- 
 sidered as sufficient apology for this short address. 
 
 Respectfully, your fellow citizen, 
 
 Thomas P. Burnett. 
 Grant County, June 29, 1839. 
 
 Mr. Burnett, however, found time to visit the people of 
 Milwaukee and Racine counties, and made as thorough a 
 canvass as was practicable under the circumstances. 
 
 The following is the official result : 
 
 Counties. 
 
 Brown 
 
 Milwaukee.. 
 
 Racine 
 
 Jefferson — 
 
 Dane 
 
 Walworth . . . 
 
 Iowa 
 
 Rock 
 
 Manitowoc. 
 Sheboygan . 
 
 Grant 
 
 Crawford . . . 
 
 Green 
 
 Fond du Lac 
 Totals. 
 
 Doty. 
 
 274 
 379 
 384 
 
 83 
 40 
 
 \:)0 
 
 145 
 
 126 
 
 29 
 
 14 
 
 206 
 
 148 
 
 67 
 
 21 
 
 2,125 
 
 KiLLBOURN. 
 
 27 
 
 3G2 
 
 83 
 
 13 
 
 27 
 
 42 
 
 295 
 
 81 
 
 1 
 
 1 
 
 101 
 
 2 
 
 63 
 00 
 
 1,158 
 
 Burnett. 
 
 22 
 
 51 
 
 13 
 
 30 
 
 6 
 
 9 
 
 221 
 
 12 
 
 9 
 
 4 
 
 425 
 
 30 
 
 29 
 
 00 
 
 861 
 
298 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 Under the organic law the term of office of the Governor 
 was three years. Governor Dodge was appointed in April, 
 183C, and his term of service commenced on the 4th of July. 
 Shortly before the expiration of his term he was re-appointed 
 for another term of three years. 
 
 The public sales of the Government land in the Milwaukee 
 land district first proclaimed to take place at Milwaukee on 
 the 19th of November, and 3d day of December, 1838, were 
 in accordance with the general wish of the settlers, as ex-- 
 pressed in their petitions, postponed by the proclamation of 
 the President of the United States, until the 18th of Febru- 
 ary, and the 4th of March, 1839. 
 
 The sales took place at the times to which they were post- 
 poned, and during the first week averaged $25,000 per day. 
 There was no competition at the sales, nor any attempt by 
 " greedy speculators " to interfere with the claims of the 
 settlers, who adjusted all conflicting disputes by arbitra- 
 tion, and the capitalists found it more for their interest to 
 loan money to the settlers on the security of the land pur- 
 chased by them, than to invest it in the lands themselves. 
 
 Thus all apprehensions on the part of the settlers in 
 obtaining title to their claims, proved to be groundless, not- 
 withstanding they had not been in possession of them on 
 the 22d of June, 1838, as required by the pre-emption act 
 passed on that day. 
 
 Very few lands were bought on speculation, and conse- 
 quently a great portion of the best lands in the district were 
 subject to entry at $1.25 per acre by the throng of emigrants 
 that soon after occupied the entire country. 
 
 Complaints were forwarded to Washington of the man- 
 ner in which Messrs. Cameron and Murray had executed 
 their duties as commissioners, for distributing the funds pro- 
 vided by the treaty with the Winnebago Indians of 
 November 1, 1837, for the payment of their debts and for dis- 
 tribution among their relatives of mixed blood, of the large 
 sum set apart by the treaty for their benefit. It was repre- 
 sented that of $52,300 awarded to sixteen half-breeds, 
 $31,700 was retained by Brodhead as their attorney, and 
 only $20,600 paid over to the half-breeds. 
 
 A full report of the proceedings of the board of commis- 
 sioners was sent to the Secretary of War (Hon. Joel R. 
 
TERRITORY OF WISCONSIN IN 1840. 290 
 
 Poinsett), and he annulled all that was done by the former 
 board of commissioners, and appointed Judge Fleming, of 
 the State of New York, to make the necessary awards and 
 distribution of the money set apart under the treaty. 
 
 The new commissioner met the persons having claims 
 upon the Winnebagoes and those of mixed blood claiming a 
 distributive share of the fund provided for their benefit, at 
 Prairie du Chien in the month of September, 1839, and dis- 
 charged his duties in a satisfactory manner. 
 
 CHAPTER XXI. 
 
 TERRITORY OF WISCONSIN IN 1840. 
 
 Unlike the preceding session, the interests of Wisconsin 
 in the action of the first session of the twenty-sixth Con- 
 gress were not affected by any contest in relation to the seat 
 of its delegate. 
 
 But if the bills and resolutions which were introduced by 
 the delegate, and at his instance, are contrasted with the re- 
 sults, it will be seen that it was barren of affirmative action. 
 
 These measures were : 
 
 First. "A bill concerning the judiciary of Wisconsin." 
 It provided that the tenure of office of the Chief Justice and 
 assistant judges should be limited to four years, and that it 
 should be lawful for the President of the United States to 
 revoke their commissions whenever it should be made to 
 appear to him that they were unqualified, intemperate, in- 
 competent, or neglected to perform the duties of their offices. 
 
 Second. A bill to amend the organic act ; the first section 
 of which provided, that the secretary, attorney, and mar- 
 shal of the Territory should hold their offices, respectively, 
 for the term of two years, unless sooner removed by tlie 
 President, and that on the third day of July, 1840, and every 
 two years thereafter the said offices should become vacant. 
 
 The second section provided that the term of service 
 of the members of the Legislative Council should be limited 
 to two years, and that of members of the House to one year, 
 to be computed from the 1st of January, 1841. That the 
 
300 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 Legislative Assembly should hold one session annually, 
 commencing on 1st Monday in October. The Governor 
 might convene the Assembly whenever, in his opinion, the 
 public interests rendered it necessary; but its session or ses- 
 sions should in no one year exceed the term of forty days, 
 nor should any law passed by the Legislative Assembly 
 take effect until submitted to Congress. 
 
 The third section, restricted the authority of the Legisla- 
 tive Assembly to levy taxes, to three mills on the dollar of 
 assessed valuation for all purposes whatever. 
 
 The fourth section related to the right of redeeming lands 
 sold for tax3s. 
 
 The fifth section provided that the Secretary, Marshal 
 and Attorney should reside at the seat of Government of 
 the Territory ; and the judges in the judicial districts, to 
 which they might respectively have been assigned. 
 
 Third. A joint resolution, declaring that certain laws of 
 the Territory, designated by their titles, 
 
 " Shall be and the same are herebj- disapproved by the Congress of the United States, 
 from the date of the passage of said laws." 
 
 There were twenty-one of these laws and resolutions of 
 which nine laws created private corporations; two related 
 to the corporation of the borough of Green Bay, one to the 
 corporation of the town of Milwaukee; one legalized the 
 proceedings of commissioners of Milwaukee county; one for 
 the relief of the county officers of Brown county; one au- 
 thorized the erection of a dam across Rock River; the 
 other law, and the one in which the delegate was supposed 
 to have a personal interest, was the act of March 8, 1839, 
 which removed the commissioners of public buildings, 
 passed December 3, 183G, and provided for the election of 
 new commissioners. 
 
 Of the resolutions specified, two related to the transporta- 
 tion of the mail between Madison and Milwaukee, and three 
 in relation to fiscal agencies. 
 
 Fourth. A bill concerning the southern boundary of Wis- 
 consin. 
 
 Fifth. A bill to provide for the construction of harbors 
 in Wisconsin. 
 
 Sixth. A bill to continue the duty on lead imported into 
 the United States. This bill provided that in lieu of the 
 duties then imposed by law on lead, the duty should be 
 three cents per pound on lead in pigs, bars, pipes, sheets and 
 
TERRITORY OF WISCONSIN IN 1840. 301 
 
 scrap lead; three and one-half cents on leaden shot or balls 
 and four cents on red or white lead. 
 
 Seventh. A bill to authorize the erection of a penitentiary, 
 which granted and appropriated ten thousand dollars to the 
 Territory for the purpose of constructing a penitentiary at 
 such place as the Legislative Assembly should select, to be 
 drawn and expended by that body after the location, plans, 
 and estimates should have been made and contracts en- 
 tered into for its erection, and satisfactory evidence thereof 
 should have been exhibited to the Secretary of the Treas- 
 ury. 
 
 None of these seven measures were adopted by Congress. 
 No appropriation was made for harbors, light-houses, roads, 
 or for any internal improvements whatever, nor for any ob- 
 ject of direct interest to the Territory, except the annual 
 appropriation for the salaries of the Governor, Secretary, 
 and Judges, which was the usual amount of $9,100; for con- 
 tingent expenses, $350, and for the pay and mileage of the 
 members of the Legislative Assembly, pay of officers, print- 
 ing, furniture, stationery, fuel, and other incidental expenses, 
 the sum of $34,075. 
 
 The subject of appropriations by Congress for harbors on 
 the western coast of Lake Michigan, and for roads into the 
 interior, was of great importance to the people, and a har- 
 bor at Milwaukee and roads from that point were, by com- 
 mon consent, regarded as of the first importance. Public 
 meetings at Milwaukee, Madison, and otlier points were held, 
 pressing these measures upon the favorable consideration 
 of Congress, and petitions for the same purpose w^ere pre- 
 sented to Congress, signed very generally by the inhabitants 
 of all parts of the Territory, and great disappointment was 
 felt at the result. 
 
 An act was passed, approved June 1,1840, which extended 
 the provisions of the pre-emption act of 1838, until June 23, 
 1842, to all settlers on the public lands at the date of its pas- 
 sage. 
 
 A general law was also passed, to the effect that whenever 
 the surveys and records in any district for which surveyors- 
 general had been or might be appointed, should be completed, 
 the surveyor-general thereof should be required to deliver 
 over to the Secretary of State of the respective States, in- 
 
302 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 eluding such surveys, all the field notes, maps, records, and 
 other papers appertaining to land titles within the same; 
 and that the office of surveyor- general in every such dis- 
 trict should thereafter cease and be discontinued. 
 
 The other section of this law provided that whenever the 
 quantity of public land remaining unsold in any land dis- 
 trict should be reduced to one hundred thousand acres, it 
 should be the duty of the Secretary of the Treasury to dis- 
 continue the land offices of such district, and that the unsold 
 lands in such district should be subject to sale at the most 
 convenient of the other land districts, of which the Secre- 
 tary of the Treasury shall give notice. 
 
 The third session of the second Legislative Assembly con- 
 vened at Madison on the second day of December, 1839. The 
 terms for which the members were elected had not yet ex- 
 pired, but there were several changes of membership caused 
 by resignations. 
 
 In the Council Alexander J. Irwin of Brown county had 
 resigned and Charles C. P. Arndt elected to fill the vacancy; 
 Marshall M. Strong of Racine county had resigned and 
 Lorenzo Janes elected to supply the vacancy, and in Craw- 
 ford county Joseph Brisbois v/as elected in place of George 
 Wilson, resigned. 
 
 In the House, Messrs. Lucius I. Barber, Henry C. Skin- 
 ner and EzEKiEL Churchill of Milwaukee county re- 
 signed in pursuance of pledges given at the time of their 
 election and Adam E. Ray, William R. Longstreet and 
 Horatio N. Wells were elected to fill their unexpired 
 terms, and in Grant county Jonathan Craig was elected in 
 place of Ralph Carver, 
 
 James Collins of Iowa county was re-elected president of 
 the council on the nineteenth ballot, the balloting having 
 been protracted until the sixth day of the session. 
 
 Edward V. Whiton of Rock county was elected speaker 
 ■on the fourth day of the session and on the fifth ballot. 
 
 In the meantime both houses had been temporarily or- 
 ganized by the election of William Bullen, president 
 pro tem. of the Council, and Ebenezer Childs, Speaker pj^o 
 tern, of the House. 
 
 The following table of the places of the nativity of the 
 members of the two Houses, their residence and occupation 
 is supposed to possess some historic interest. 
 
TERRITORY OF WISCONSIN IN 1840. 
 
 303 
 
 MEMBERS OF THE COUNCIL. 
 
 N.AMES OF Members. 
 
 County op 
 Residence. 
 
 State of 
 Nativity. 
 
 Occupation. 
 
 Morgan L. Martin 
 
 Brown 
 
 
 Lawyer. 
 Lawyer. 
 
 Farmer 
 
 Charles C. P. Arndt 
 
 Brown 
 
 Pennsylvania 
 
 Wisconsin 
 
 Massachusetts 
 
 Kej^ituckv 
 
 Joseph Brisbois 
 
 Crawford 
 
 Dane 
 
 Ebenezer Brigham 
 
 
 John H. Rountree 
 
 Grant 
 
 Farmer, 
 
 James R. Vineyard 
 
 Grant 
 
 Iowa 
 
 Kentuckv . . 
 
 Farmer 
 
 James Collins 
 
 
 
 Levi Sterling 
 
 Iowa 
 
 Kentucky 
 
 Massachusetts 
 
 Maine 
 
 Farmer 
 
 AViLLiAM A. Prentiss 
 
 Milwaukee 
 
 Milwaukee 
 
 Racine 
 
 Meroliant 
 
 Daniel Wells, Jr 
 
 
 William Bullen 
 
 New York 
 
 Merchant 
 
 Lorenzo Janes 
 
 Racine 
 
 Vermont 
 
 Lawyer. 
 
 Ffi rmpr 
 
 James Maxwell 
 
 Walworth 
 
 Vermont . 
 
 
 
 
 MEMBERS OF THE HOUSE OF REPRESENTATIVES. 
 
 Name of Member. 
 
 County op 
 Residence. 
 
 State op 
 Nativity. 
 
 Occupation. 
 
 Ebenezer Childs 
 
 Brown 
 
 Brown 
 
 Brown 
 
 Manitowoc 
 
 Crawford 
 
 Crawford 
 
 Green 
 
 Grant 
 
 Massachusetts 
 
 Connecticut 
 
 Virginia 
 
 Mechanic. 
 
 Printer. 
 
 Lawyer. 
 
 Mechanic 
 
 Lawyer. 
 
 Farmer. 
 
 Charles C. Sholes 
 
 Barlow Shackleford 
 
 Jacob W. Conroe 
 
 Vermont 
 
 Ohio 
 
 New York 
 
 Ira B. Brunson 
 
 Alexander McGreggor 
 
 Daniel S. Sutherland 
 
 New York 
 
 Farmer 
 
 Nelson Dewey 
 
 Connecticut 
 
 Virginia 
 
 Lawj-er. 
 
 Farmer and Miner. 
 
 Farmer. 
 
 Merchaiif 
 
 Thomas Cruson 
 
 Grant 
 
 Grant 
 
 Grant 
 
 Joseph IT. D. Street 
 
 Jonathan Craig 
 
 Kentucky 
 
 Virginia 
 
 Russell Baldwin 
 
 Iowa 
 
 New-York 
 
 New York 
 
 
 John W. Blackstone 
 
 Iowa .. 
 
 Iowa 
 
 
 Henry M. Billings 
 
 New York 
 
 
 Thomas Jenkins 
 
 Charles Bracken 
 
 William Shew 
 
 Augustus Story 
 
 Iowa 
 
 Iowa 
 
 Milwaukee 
 
 Milwaukee 
 
 Milwaukee 
 
 South Carolina 
 
 Pennsylvania 
 
 New York 
 
 Massachusetts 
 
 New York 
 
 Farmer and Miner. 
 
 Farmer. 
 
 Farmer. 
 
 Adam E. Ray 
 
 Farmer. 
 
304 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 MEMBERS OF THE HOUSE OF REPRESENTATIVES — Continued. 
 
 « 
 
 Name op Member. 
 
 County op 
 Residence. 
 
 State op 
 Nativity. 
 
 Occupation. 
 
 William R. Longstreet 
 
 Horatio N. Wells 
 
 Orrin R. Stevens 
 
 Milwaukee 
 
 Milwaukee 
 
 Racine 
 
 Racine 
 
 Racine 
 
 Rock 
 
 Walworth 
 
 Pennsylvania 
 
 New York 
 
 Farmer. 
 Lawyer. 
 
 New Hampshire . . . 
 
 Connecticut 
 
 New Hampshire . . . 
 
 Massachusetts 
 
 New York 
 
 Farmer. 
 Farmer. 
 
 Tristram C Hoyt 
 
 Farmer. 
 
 Edward V. Whiton 
 
 Lawyer. 
 Farmer. 
 
 
 
 
 The Governor having been notified of the organization of 
 the two Houses, delivered his message in person on the sec- 
 ond day of the session. 
 
 The message suggested the propriety of the passage of a 
 resolution, recommending to the electors to determine by 
 their votes at the next election, whether they were for or 
 against the organization of a state government. 
 
 It recommended the propriety of memorializing Congress 
 for an appropriation of $30,000 for the erection of a peniten- 
 tiary in the Territory; also for suitable appropriations for 
 the improvement of the navigation of the Fox River of 
 Green Bay, the Wisconsin, Rock, Peckatonica and Platte 
 Rivers and the river of the Four Lakes; for the construction 
 of harbors on Lake Michigan; for additional appropriations 
 for the construction of the Territorial road from Milwaukee 
 by way of Madison to a point opposite Dubuque, and from 
 Racine by Janesville to Sinipee, and for a further appro- 
 priation for the survey of a railroad from the town of Mil- 
 waukee to the Mississippi river. 
 
 The message presented for the serious consideration of the 
 Legislative Assembly the embarrassed state of the currency, 
 and that a forced sale of property under the existing exec- 
 ution laws, would deprive the debtor of the means of sup- 
 port, and in many cases prevent the creditor from the 
 recovery of his debt, and suggested that if a stay of twelve 
 months could be given on execution, upon proper S(;curity, 
 that no injustice would be done to the plaintiff; while in 
 legislative action between debtor and creditor, a due regard 
 should be had for the rights of both. 
 
TERRITORY OF WISCONSIN IN 1840. 305 
 
 It recommended to the Legislative Assembly the propriety 
 of taking such legal measures as they might deem neces- 
 sary to ascertain the true state and condition of the Bank 
 of Mineral Point. 
 
 The propriety of again memorializing Congress for an ex- 
 tension of the right of pre-emption to miners in possession 
 of mineral lots, was called to the attention of the Legislative 
 Assembly. 
 
 Tt also stated that the commissioners appointed to locate 
 a portion of the University lands, not having been officially 
 notified of their appointment, their duties remained unper- 
 formed, and it recommended the propriety of adopting such 
 measures as would ensure an early location of these lands. 
 
 The various parts of the message were referred in each 
 house to different committees. 
 
 The excitements and animosities developed in the election 
 campaign of the preceding August were visible in their ef- 
 fects during the winter of 1839-40. 
 
 During that campaign the conduct of Judge Doty in re- 
 lation to land titles at Madison, as well as that in relation to 
 his office as one of the commissioners of public build- 
 ings and treasurer had been assailed. 
 
 In defending himself in the newspapers against the 
 charge in relation to the land titles he imputed to Gov. 
 Stevens T. Mason of Detroit, who with Judge Doty had 
 originally made a joint purchase from the United States of 
 the land in question, a disposition to swindle the public and 
 the Judge out of the property. 
 
 Gov. Mason on the eve of his departure from Detroit, on 
 what proved to be an extended absence, characterized the 
 publication of Judge Doty in opprobrious terms and sttited 
 that at an early day an explicit statement of the transaction 
 between Doty" and himself would be submitted, and in con- 
 clusion asked 
 
 " A suspension of judgment by a public who are too intelligent to be misled by the mis- 
 representations of a designing knave " 
 
 On his return to Detroit in November, Gov. Mason pub- 
 lished another card in the papers in which he stated that 
 his promised reply had been prepared, but before its publi- 
 cation the controversy had assumed a judicial character, 
 and that a proper respect for the court induced him to refrain 
 from any publication of the facts in the case. He had, how- 
 
 20 
 
306 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 ever, he stated, placed on the records of the court a full 
 reply to Doty's allegations and he hoped at a becoming 
 time his attorney would 
 
 " Lay it before the people of ■Wisconsin that they may see reflected in the person of 
 their delegate in Congress the features of a liar, a calumniator and a swindler." 
 
 The controversy about the land titles was in some manner 
 settled, so that it never reached a judicial determination, 
 but in connection with the troubles growing out of the erec- 
 tion of public buildings at Madison, had a marked effect 
 upon the action of the Legislative Assembly at its session 
 of 1839-40. Indeed the investigation of matters connected 
 with the building of the capitol occupied much of the time 
 of that session. 
 
 Comparatively little work had been done upon the Capitol 
 after the adjournment of the second session in March and 
 the commencement of the third session in December. The 
 new commissioners had no public funds, and the total ex- 
 penditures on the Capitol to fit it for the reception of the 
 Legislature was only $:^31, and this was advanced by the 
 new commissioners. 
 
 The commissioners elected at the preceding session of the 
 Legislative Assemby submitted to the Governor a report, 
 dated July 1 6, which stated that the board met on the 8th 
 of May, and elected N. C. Prentiss acting commissioner, 
 and J. L. Thayer, treasurer; that they had been assiduous 
 in their efforts to settle the accounts of the former board, 
 which had all proved unavailing, and they had been unable 
 to obtain a meeting with them, or with the contractor, who 
 was doing nothing in execution of his contract to complete 
 the Capitol by the 20th of September. 
 
 Another report was made by the new commissioners to 
 the Legislative Assembly on the 2d of December, in which 
 the statement of their unavailing efforts at settlement is re- 
 peated, followed by a statement that in September a suit 
 was instituted in the name of the Territory against the for- 
 mer commissioners for the recovery of the public moneys in 
 their hands. The suit was still pending, and the commis- 
 sioners predicted that the Territory would be debarred from 
 the use of the money in the bands of the late treasurer and 
 contractor until it should be recovered by the force of an 
 execution. 
 
 A suit, they state, had also been commenced against 
 
TERRITORY OF WISCONSIN IN 1840. 307 
 
 James Morrison, the contractor, for a breach of contract, 
 and for the recovery of the public moneys in his hands. 
 
 This report further states that the contract of James Mor- 
 rison for completing the Capitol expired on the 20th of Sep- 
 tember. That on the 23d of September the commissioners 
 took possession of the building after having been refused 
 by the agent of the contractor. That soon after Morrison 
 broke the lock of the door and took forcible possession of the 
 building. That they commenced an action of forcible entry 
 and detainer, obtained a writ of restitution, by means of 
 which they regained possession of the Capitol, which they 
 had ever since retained, and commenced fitting it up for the 
 reception of the Legislature. 
 
 The report further states that from a continued chain of 
 circumstances and a variety of facts 
 
 "We are imhesitatingly of the opinion tliat a co-partnership lias existed and does still ex- 
 ist between the late board of commissioners and the contractor, and that the late board 
 have been during their continuance in office actins? in the double capacity of commission- 
 ers and contractor, showing a fraudulent design to speculate and trade upon tlie funds of 
 the Territory without regard to its best interests." 
 
 The report gives a statement of the receipts of the old 
 board of commissioners, and an estimate of their expendi- 
 tures and shows the sum of $21,345.40, in the hands of the 
 former commissioners and contractor, the prospect of col- 
 lecting which is such (they state) 
 
 "That we believe the Capitol must remain for some time to come in its present unfin- 
 ished condition and the Territory in the unfortunate situation of a party in suits that have 
 already been commenced and are now pending." 
 
 The first report of the commissioners to the Governor was 
 submitted by him to the Legislative Assembly with his an- 
 nual message and a statement that it was due to the people 
 
 "That pioper measures should be adopted to ascertain what disposition had been made 
 of that part of the appropriation which had not been accounted for." 
 
 During the first week of the session a resolution was of- 
 fered in the House instructing a committee to inquire into 
 the expediency of bringing in a bill to provide for the re- 
 moval of the seat of government, which having been 
 amended by adding "and of converting the present public 
 buildings into a penitentiary" it was lost by a vote of 
 9 to IG. 
 
 So much of the Governor's message as relates to the pub- 
 lic buildings, having been referred in the House to a select 
 committee consisting of Messrs. Cruson, Shew and Jenkins; 
 
y08 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 the reports of the commissioners of pubHc buildings were re- 
 ferred to the same committee which was authorized to send 
 for persons and papers and administer oaths, and by the 
 subsequent action of both houses was made a joint commit- 
 tee, and Messrs. Maxwell and Vineyard of the Council 
 added to the committee. 
 
 On the 3d of January, Mr, Cruson, from the majority of 
 the joint select committee, and Mr. Sholes, in behalf of Mr. 
 Maxwell, from the minority, submitted reports. 
 
 The report of the majority states that 
 
 "Although more than two years had elapsed from the time the commissioners were 
 elected, until they were superseded, and although they were supplied with funds that were 
 more than ample for the erection of suitable buildings, yet at the time of the election of 
 new commissioners, they had done little more than erect a shell of a capitol, which is 
 scarcely capable of sustaining its own weight, and which, unless it is speedily secui'ed by 
 extensive repairs must become a heap of ruins." 
 
 The report states that the Treasurer of the Commission- 
 ers, Mr, Doty, received from the Treasurer of the United 
 States, the whole of both the appropriations made by Con- 
 gress ($40,000.) 
 
 " That the unaccountable and unprecedented refusal of these agents of the people to 
 submit their accounts for examination and settlement has deprived your committee of the 
 only correct means of ascertaining with any degree of certainty, in what manner that 
 money has been expended. A very slight examination of the results of the doings of 
 these commissioners, is sufficient to satisfy any one, that it has not been expended where 
 the law intended it should be, to wit : in the erection of the public buildings. Upon the 
 most liberal estimate of the buildings which have been erected at Madison, they cannot 
 have expended more than $19,000 ia the erection of them, which would leave in their hands 
 a balance of S21,000 unexpended " * ******* 
 
 '' The former commissioners not content with having withheld a large proportion of the 
 money which properly belonged to the Territory, denied the right of the Legislature to 
 pass any law which should operate to remove them from office and refused to settle with 
 the new board of commissioners, or to pay over tc> them any monej' in their hands." * * 
 
 *** ** ** *** ***i: 
 
 " Your committee look upon the conduct of the commissioners as reprehensible in the . 
 highest degree, and such as should justly bring upon them the censure of all who desire 
 to see the laws of our country upheld and enforced. That sensible men should assume 
 the position that the same power which created their office could not destroy it, appears to 
 your committee so perfectly preposterous that they cannot avoid the conclusion that the 
 commissioners must have been actuated, in taking that ground, by a design to keep the 
 people in ignorance of their doings, and indeed their whole proceedings from the time they 
 first entered upon the discharge of their duties seems to support that conclusion, and 
 taken in connection with other facts to which your committee will presently advert, can- 
 not fail to convince the iinbiased that there has been for a long time past a secret co-part- 
 nership existing between James D. Uoty, J. F. O'Neill and Augustus A. Bird, the late 
 commissioners, and James Morrison, the contractor, by which they were to share in the 
 pn ifits or loss resulting from Morrison's contract, as well also as of the mercantile and other 
 business at Madison that was conducted ostensibly by Morrison." 
 
TERRITORY OF WISCONSIN IN 1840. 309 
 
 The report concludes with a comphmentary reference to 
 the manner in which the new board have discharged their 
 duties, and says — 
 
 "The disposition they have evinced upon all occasions to promote the interest of the 
 TeiTitory, entitles them in the opinion of your committee, to the approbation of all. " 
 
 A large amount of evidence was taken by the committee, 
 which is submitted with their report, which appears to fully 
 sustain its conclusions. 
 
 The committee reported a bill and recommended its pas- 
 sage, which was subsequently passed by both houses with- 
 out material amendment. 
 
 The only important feature of this law was to provide for 
 the annual election of one commissioner of public buildings 
 instead of three. 
 
 The minority report of Mr. Maxwell, the only member 
 of the committee who dissented from the report of the 
 majority was very brief, and presented these points: 
 
 First. That he deems — 
 
 "The report of a similar committee amply sufficient to satisfy the most sceptical that 
 the former board of commissioners of public buildings had not acted in conformity to law 
 in the discharge of their duties, and that anj- further investigatioi could in no way change 
 the results of said former report." 
 
 Second. "Because on the suggestion of the former report a new board of commi.ssioners 
 were elected, authorized to adjust and settle the accounts of the old board, and acting 
 under that authority have commenced suits against the old board in the name of the Ter- 
 ritory." 
 
 Third. "That the majority of your committee assumed the )30wers of a grand inquest 
 and went into the forms of an ex imrte trial, all of wliich I deem a work of supererogation, 
 and one calculated to act prematurely and improperly on the prejudices of the public 
 while such suit or suits are pending." 
 
 And further that the investigation of the majority of 
 your committee, of matters anterior to the report of a 
 former committee (before alluded to) with the accompany- 
 ing documents would, in the opinion of a minority of your 
 committee be too apparent of a design for effect, rather 
 than for any beneficial results to the best interests of this 
 Territory. 
 
 The minority of your committee cheerfully concurs in 
 that part of the majority report which approves of the 
 doings of the present board of commissioners of public 
 buildings, and also in the principles of the bill submitted 
 for the consideration of the Legislature. 
 
 There was no subject which excited a more lively and 
 general interest among the people of the Territory at that 
 
310 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 time, and the omission of anything: material to it would be 
 a failure to portray a faithful history of that period. 
 
 After the reports of the committee had been made, the 
 speaker laid before the House on the 7th of January a state- 
 ment of Augustus A. Bird, which admits the co-partner- 
 ship between the commissioners and the contractor in the 
 erection of the hotel and in the mercantile concern, and 
 gives copies of the written agreements in relation to such 
 co-partnership, but denies that there was any agreement of 
 co-partnership in Morrison's contract for completing the 
 capitol. This statement, of Mr. Bird was afterwards sworn 
 to and then referred to a committee with instructions to re- 
 port next day as to the genuineness of the contracts and 
 the allegations set forth in the statement. 
 
 The committee had no evidence before it, nor any author- 
 ity to obtain any, and upon that statement alone, submitted 
 on the next day the following report: 
 
 " That from the facts before us no reason appears why full faith and credit should not be 
 attached to the statements of Mr. Bird. That there can be no doubt as to the genuineness 
 of the contracts and that they have no evidence before them to induce the belief, nor the 
 sUghtest reason of any kind to believe that there are any other contracts in existence be- 
 tween the parties implicated in the report of the majority of the committee on public 
 buildings.'" 
 
 Mr. CoNROE of the committee, dissented from the report. 
 
 The bill reported by the committee on public buildings be- 
 came a law by the approval of the Governor on the 11th of 
 January, and on the same day, Nathaniel C. Prentiss 
 was elected Commissioner of Public Buildings on a joint 
 ballot of the two Houses. 
 
 Some weeks after the adjournment of the Legislature, a 
 letter appeared in the newspapers from James D. Doty, to 
 Hon. John Pope, chairman of the committee on territories 
 in H. of R. — which bore the date, Washington, February 
 20, 1840. 
 
 This letter professed to give a statement of all the facts in 
 relation to the action of Congress, the Territorial Legisla- 
 ture, the old and the new board of commissioners in relation 
 to the public buildings at Madigon, the appropriations for 
 their erection and the conduct of the commissioners in their 
 expenditure. 
 
 The letter contained many statements, which were fully 
 supported by the facts, and many which were not. 
 
 It presents the idea that the action of Congress of June 
 
TERRITORY OF WISCONSIN IN 1840. 311 
 
 18, 1838, making a second appropriation for completing the 
 capitol, was 
 
 "An affirmance of the proceedings of the Legislature and of the Commissioners," and 
 "that the act to establish the scat of government at Madison, was not sul^ect to be re- 
 pealed by the Territorial Legislature, without the assent of Congress." 
 
 The object of this letter appeared to be to obtain the dis- 
 approval by Congress of the act of March 9, 1839 (by virtue 
 of which the old commissioners were removed and new ones 
 appointed); which, the letter states, was now first submitted 
 to Congress ; and of all laws on this subject passed subse- 
 qent thereto, 
 
 Messrs. M. M. Strong and F. J. Dunn, attorneys for the 
 Territory, in the suits which were pending against the old 
 board of commissioners, the treasurer and his sureties, and 
 the contractor, believing, as they stated, 
 
 "That Mr. Doty was prompted in the effort which he was making to procure the disap- 
 proval of the act of March 9, 1S39, by a desire to affect the decision of the se suits, considered 
 it their duty to make a brief statement of facts iu relation to the matters adverted to in 
 Mr. Doty's letter," 
 
 and addressed a letter to Mr. Pope, chairman of the commit- 
 tee, dated March 29, 1840. 
 
 The letter corrected the misrepresentations which, they 
 stated, were contained in Doty's letter, and set forth other 
 facts which were not stated in it, and concluded with the ex- 
 pression of the confident hope — 
 
 "That Congress would take no action on the subject, which woidd tend to confer author- 
 ity upon men whom the representatives of the people of Wisconsin have rejected, and to 
 divert it from those whom the same representatives have selected as agents, in whom 
 they could repose confidence, and more especially when such action would affect the rights 
 of the Territory in relation to matters which were then the subject of judicial investiga- 
 tion." 
 
 The act of March 9, 1839, removed the old commissioners 
 and treasurer, and on the 4th of April, 1840, Mr. Doty per- 
 formed the idle ceremony of addressing a communication 
 to the Legislative Assembly, offering his resignation of the 
 office of commissioner of public buildings and treasurer of 
 the board — offices from which he had been removed nearly 
 thirteen months previously, and which during that time he 
 had not held. 
 
 Mr. Doty's only defense of his conduct, and that of his 
 co-commissioners and the contractor, was based upon the 
 assumption that the acts of the Legislative Assembly did 
 not become effective until submitted to Congress, and that 
 the act of March 9, 1839, not having been submitted to Con- 
 
312 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 gress before the new commissioners were elected, that the 
 old ones were not superseded. 
 
 This assumption was judicially determined by the Chief 
 Justice to be erroneous, who held that the sixth section of 
 the organic act, having declared : 
 
 " That the legislative power of the Territory shall extend to all rightful subjects of leg- 
 islation," and that " all the latvs of the Governor and Legislative Assembly shall be submit- 
 ted to, and if disapproved by the Congress of the United States, shall be nuU and of no 
 effect;" 
 
 All laivs, when enacted by the Governor and Legislative 
 Assembly, became effective, subject to being annulled and 
 rendered of no effect by the subsequent disapproval of Con- 
 gress, when they should be submitted to that body. 
 
 The citizens of Madison felt perhaps a deeper interest than 
 any others in the question raised by Judge Doty, and J, A. 
 NooNAN and John Catlin of that place, addressed letters to 
 H. IST. Wells, Attorney General, Moses M. Strong, United 
 States Attorney, Edward V. Whiton, late Chief Justice, 
 Hans Crocker and Morgan L . Martin, eminent and able 
 lawyers, asking their opinions on the question, each of 
 whom wrote very able opinions, some of which, especially 
 that of Judge Whiton, were entirely exhaustive of the sub- 
 ject, and all of which fully sustained the authoritative 
 opinion of Chief Justice Dunn. 
 
 The matter of the southern boundary and the formation 
 of a State Government were subjects which did not fail to 
 attract much of the attention of this session of the Legisla- 
 tive Assembly. 
 
 So much of the Governors message as related to these 
 subjects was referred in each house. In the Council to the 
 committee on Territorial affairs, consisting of Messrs. Brig- 
 ham, Vineyard and Wells, and in the House to a select 
 committee consisting of one from each election district, 
 composed of Messrs. Shackelford, Longstreet, Hoyt, 
 Beardsley, Sutherland, Jenkins, Street and Brunson. 
 Various propositions were submitted, entertained, reported 
 upon and considered in each house, and all resulted in 
 adopting the following joint resolutions — 
 
 "Whereas, the southern boundary of this Territory and of the State to be formed 
 therein, is fixed and established by the ordinance of July 13, 1787, on a line running due 
 west from the southerly bend or extreme of Lake Michigan to the Mississiispi River. 
 
 And whereas, although said ordinance is declared to be forever unalterable, unless by 
 
TERRITORY OF WISCONSIN IN 1840. 013 
 
 common consent, a large and valuable tract of country is now held by the State of Illinois, 
 contrary to the manifest right and consent of the people of this Territory. 
 
 And whereas, it is inexpedient for the people of this Territory to form a constitution 
 and State Government, or to ask admission in the Union as an independent State, imtil 
 the southern boiuidary to which they are so justly entitled by said ordinance shall be fully 
 recognized by the partiesto the original compact; therefore — 
 
 '"Resolved, That the inhabitants of this Territory qualified to vote for delegate in Con- 
 gress, be requested at the next general election, to be held on the fourth Monday of Sep- 
 tember next, to vote for or against the formation of a state government, including aU that 
 district of country north of a line running due west from the most southerly bend or 
 extreme of Lake Michigan to the Mississippi River, over which the State of Illinois exer- 
 cises jurisdiction, and if a majority of such electors vote in favor of said measure, the 
 Governor is hereby authorized to issue his proclamation requesting the electors aforesaid 
 to meet in their respective precincts on such a day as he may appoint and choose delegates 
 from their resiiective districts equal to the number of representatives in both branches of the 
 Legislative Assembly, to assemble at the capitol in Madison on the third Monday of No- 
 vendjer for the purpose of deliberating upon and adopting such lawful and constitu- 
 tional measures as may seem to be necessary and proper for the early adjustment of the 
 southern boundary, and admission into the Union of the State of Wisconsin on an equal 
 footing with the original states in all respects ivhatever. 
 
 Resolved further. That the inhabitants of the district of country now claimed by Illinois 
 lying north of the line running due west from the southern extreme of Lake Michigan to 
 the Mississippi River be, and are hereby invited to furnish the executive of this Territory 
 as early as may be convenient, and in such manner as they may deem proper, an expres- 
 sion of their sentiments in relation to the formation of a state government as contemplated 
 by the foregoing resolution, and in the event of an election being ordered by the procla- 
 mation of the Governor, for the election of del egates to a convention as above provided 
 for, to choose delegates to the convention aforesaid, proportionate to the ratio of repre- 
 sentation in the Legislative Assembly of this Teri-itory, to act on the business of said con- 
 vention on an equal footing with the other delegates " 
 
 The resolutions provided for the manner of conducting the 
 elections and determining the results. 
 
 By a resolution subsequently adopted at the August ses- 
 sion, it was declared that the words in the first resolution 
 which are italicised, should — 
 
 " Not be so construed as to authorize the said convention to adopt a State Constitution 
 and form of govermnent, or to declare themselves an independent State." 
 
 The passage of these resolutions aroused considerable 
 feeling among those on the " disputed territory/' who were 
 in favor of becoming a part of the State of Wisconsin, and 
 public meetings to give expression to this feeling were held 
 at Galena, Belvidere, and Rockford, which culminated in a 
 general convention of delegates from Jo Davies, Stephenson, 
 Winnebago, Boone, McHenry, Ogle, Carroll, Whitesides, and 
 Rock Island counties, held at Rockford on the 6th of July, 
 
 This convention adopted resolutions declaring the right 
 of Wisconsin to the "disputed territory," and recommended 
 
314 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 to the citizens to elect delegates to the convention to form 
 a State government should one be held. 
 
 But the resolutions of the Wisconsin Legislature did not 
 elicit the exhibition of much feeling within the Territory, 
 and that feeling was mostly one of opposition to the objects 
 of the resolutions. 
 
 At a public meeting held at Green Bay on the 24th of 
 April, it was declared that they had seen the resolutions 
 with concern and regret, and that the members of the Leg- 
 islature be requested to vote to rescind them. 
 
 There was but a very light vote upon the question submit- 
 ted by the resolutions themselves, and that vote was almost 
 unanimously " against State Government." 
 
 This vote, it is believed, was more the result of an appre- 
 hension that a majority vote " for State Government" would 
 lead to the premature formation of a State government, 
 than of any objection to embracing the " disputed territory" 
 within the boundaries, when the proper time for its forma- 
 tion should have arrived. 
 
 . In the House of Representatives at the session of 1839-40, 
 so much of the Governor's message as relates to banks was 
 referred to the committee on corporations, which consisted 
 of Messrs. Street, Shew, Sholes, Blackstone and Jenkins. 
 
 The committee reported that the Bank of Mineral Point 
 was — 
 
 ' 'The only legal banking institution now in the Territory; and your committee are of 
 opinion from the best information in their possession, that it is in a sound and solvent 
 condition." 
 
 A bill for the election of a bank commissioner was recom- 
 mended, but is met with no favor. 
 
 The conduct of the Wisconsin Marine and Fire Insurance 
 Company in conducting banking business in alleged viola- 
 tion of the restrictions of its charter, was discussed, but no 
 definite action taken. 
 
 Notwithstanding the recommendation of the message of 
 the Governor, no law was passed granting any stay upon 
 executions, or to relieve debtors from forced sales upon exe- 
 cution. 
 
 The expenditure of the appropriations by Congress for the 
 construction of roads in Wisconsin made previous to 1840, 
 was placed in charge of Captain Thos. J. Cram, of the 
 
TERRITORY OF WISCONSIN IN 1840. 315 
 
 United States Engineer Corps. In his report to the Chief of 
 the Bureau, that officer recommended the following addi- 
 tional appropriations: 
 
 1 . From Green Bay via Milwaukee and Eacine to the State line $33,381 .00 
 
 3. For the completion of the road from Sauk Harbor to Dekorre 12,700.00 
 
 3. From Fond dii Lac via Fox Lake to Wisconsin River, nothing, the first 
 
 appropriation being sufficient. 
 
 4. From Milwaukee via Madison to a point on the Mississippi River, opposite 
 
 Dubuque 15,000.00 
 
 5. From Racine via Jane»ville to Sinnipee 22,020.00 
 
 6. From Fort Howard^ to Fort Crawford , 35,207.00 
 
 7. For the completion of the right kind of a survey of a railroad from Lake 
 
 Michigan to the Mississippi River 11,250.00 
 
 Total additional appropriations recommended $130,218.00 
 
 None of these appropriations, however, nor any other for 
 improvements in Wisconsin, were made by Congress. 
 
 An act was passed prescribing the manner in which Ter- 
 ritorial roads should be laid out, surveyed and recorded. It 
 also prescribed that 
 
 " No part of the expense of laying out and establishing any Territorial road, or of the 
 damages svistained by any person or persons in consequence of laying out any Territorial 
 road, shall be paid out of the Territorial or County Treasury." 
 
 The effect of this provision was that all such expenses 
 and damages had to be provided for by individual personal 
 contributions, and the only advantage of an act to provide 
 for locating a Territorial road, was that if laid out accord- 
 ing to the requirements of the law, a legal highway could be 
 established. 
 
 Notwithstanding this provision, acts were passed for lay- 
 ing out twenty-eight Territorial roads in the various por- 
 tions^ of the Territory, at the winter session, and for two 
 others at the August session. 
 
 The peaceable removal west of the Mississippi of the Win- 
 nebago Indians, wdiose presence had given the frontier set- 
 lers so much annoyance, was effected in the early part of 
 the year 184:0, and was a subject of congratulation in the 
 message of the Governor at the August special session. The 
 message said: 
 
 " The removal of the Winnebagoes will enable our enterprizing citizens to extend their 
 settlements to a desirable and interesting country north of the Wisconsin River." 
 
 A public sale of land was held at Green Bay on the Gth of 
 April, 1840, at which all that part of Winnebago county be- 
 
31G HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 tweeii Winnebago Lake and Fox and Wolf Rivers was of- 
 fered for sale, embracing the towns of Winchester, Clay- 
 ton, Vineland, and that part of the towns of Wolf River and 
 Winneconne east of those rivers, and the cities and towns 
 of Menasha and Neenah, and that part of Oshkosh north of 
 Fox River, 
 
 On the 13th of April a public sale was held at Milwaukee 
 of that part of the towns of Beloit, Rock, Janesville, Fulton 
 and Milton in the county of Rock whiqh lie east of Rock 
 River, embracing the cities of Beloit and Janesville and the 
 village of Milton. 
 
 An act was passed January 11, 1840, which authorized the 
 Governor to contract with the Marshal of the Territory, at 
 a sum not exceeding six hundred dollars, to furnish to the 
 Oovernor on or before the Isfc day of August, a transcript 
 of the census of the Territory taken by him in pursuance 
 of the act of Congress authorizing the taking of the sixth 
 census. 
 
 The act also provided that there should be an extra ses- 
 sion of the Legislative Assembly on the first Monday of 
 August. 
 
 The two houses adjourned on the 13th of January and 
 the extra session — the fourth of the second Legislative As- 
 sembly — convened on the third day of August. 
 
 But one change in the composition of the Legislature oc- 
 curred during the recess. Joseph Brisbois, member of the 
 Council from Crawford county, had resigned and Charles 
 J. Learned was elected as his successor and took his seat on 
 the first day of the session. 
 
 Morgan L. Martin was elected President pro tern., and on 
 the second day William A. Prentiss, of Milwaukee, was, 
 on the first ballot, elected permanent President. 
 
 In the House of Representatives Edward V. Whiton was 
 elected Speaker pro tern., and on the second day a ballot was 
 had for Speaker for the session, on which Nelson Dewey 
 received 9 votes, Charles C, Sholes 7, Barlow Shackel- 
 ford 4, and there were 3 scattering, when Messrs. Sholes 
 and Shackelford declined being candidates, and Nelson 
 Dewey received 21 of the 23 votes cast, and was elected on 
 the second ballot. 
 
 The message of the Governor was brief, and confined 
 mainly to the special object of the session — the apportion- 
 
TERRITORY OF WISCONSIN IN 1840. 317 
 
 ment — but tendered his co-operation in such acts of legisla- 
 tion as " have for their object the good of our constituents." 
 
 Attention was invited by the message to the failure on the 
 part of the contractor in printing the laws of the late ses- 
 sion, which was criticised. 
 
 The propriety of investigating the condition of the Bank 
 of Mineral Point was recommended, and the advisability of 
 appointing by law a bank commissioner was suggested. 
 
 The following is the official census : 
 
 Brown county 2,107 
 
 Calumet county 270 
 
 Crawford county 1,508 
 
 Dane county 215 
 
 Dodge county 67 
 
 Fond du Lac county 139 
 
 Green county 933 
 
 Grant county 3,923 
 
 Iowa county 3,977 
 
 Jetf erson county 9^4 
 
 Manitowoc county 235 
 
 Marquette county 18 
 
 Milwaukee county 5,601 
 
 Portage county 1,623 
 
 Racine county 3,475 
 
 Rock county 1,701 
 
 Sauk comity 102 
 
 Sheboygan county 133 
 
 St. Croix county 618 
 
 Walworth county 2,610 
 
 Washington county 343 
 
 Winnebago county 135 
 
 Total 30,747 
 
 Under the organic act members of the Council had been 
 elected for four years, and could not be affected by any new 
 apportionment, as one half of the term for which they were 
 elected was unexpired. Members of the House of Repre- 
 sentatives having been elected for only two years, about half 
 of which had expired, an entire new apportionment was not 
 practicable. 
 
 The plan of apportionment of the members of the House 
 of Representatives was to distribute them among the exist- 
 ing districts for members of the council. 
 
 By this plan the following apportionment was made: 
 
 The district composed of the county of Brown and the 
 counties thereto attached, had three members. 
 
318 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 The district composed of the counties of Milwaukee and 
 "Washington, had five members. 
 
 Racine county had three members 
 
 The district composed of Walworth and Rock counties 
 had four members. 
 
 The district composed of the counties of Dane, Dodge, 
 Green, Jefferson and Sauk, had two members. 
 
 Iowa county had four members. 
 
 Grant county had three members. 
 
 And the district composed of Crawford and St. Croix 
 ■counties, had two members. 
 
 Three districts lost one member each. These were Brown 
 and the counties attached, Iowa and Grant. The districts 
 which gained were Rock and Walworth, two members ; 
 Dane, Dodge, Green, Jefferson and Sauk, one member. The 
 number of representatives in the other districts was un- 
 changed. 
 
 At the winter session of 1840, the following towns were 
 created or names changed. Franklin, Menomonee, Wauwa- 
 toosa, Pewaukee (spelled in the published act by mistake, 
 Peraukee) and Granville, in Milwaukee county, were estab- 
 lished ; Prairie Village changed to Prairieville, and Mentor 
 changed to New Berlin. The town of Delavan, in Wal- 
 worth county, was divided and Darien established. Pleas- 
 ant Prairie, in Racine county, was divided and Bristol 
 established, and in Jefferson county the town of Aztalan 
 was created out of the towns of Jefferson and Watertown. 
 
 The act of March 9, 1839, incorporating the town of Green 
 Bay, was conditionally^ repealed, subject to a vote of the 
 electors of the town. 
 
 At the August session the town of Oak Creek, in Mil- 
 waukee county, was organized out of the town of Lake, 
 and the town of Whitewater was created out of the town of 
 Elkhorn, in Walworth county. 
 
 By an act approved January G, 1840, Calumet county was 
 organized for the purpose of county government, and that 
 part of the county lying south of the Indian Reservation, 
 comprised in town 17, of ranges 18 and 19, was detached 
 from Calumet county and attached to Fond du Lac county, 
 and the remainder of Calumet county remained attached 
 to Brown county for judicial purposes. 
 
 By the same act the county of Winnebago was laid off, 
 and Nathaniel Perry, Robert Grignon and Morgan L. 
 
TERRITORY OF WISCONSIN IN 1840. 319 
 
 Martin were appointed commissioners, with authority to 
 locate the county seat and enter for the use of the county 
 the quarter section of land upon which the county seat 
 might be located and to borrow money for that purpose. 
 
 On the 0th of January, 1840, the county of St. Croix was 
 laid off by natural boundaries and fully organized for all 
 purposes. 
 
 At the same session the county of Sauk was laid off and 
 attached to Dane county for county and judicial purposes. 
 
 The county of Dodge at this session was organized for 
 county purposes, and attached to Jefferson county for 
 judicial purposes. 
 
 By an act approved August 13,1840, the county of Wash- 
 ington was organized for county purposes, and continued 
 attached to Milwaukee county for judicial purposes. 
 
 So much of any act or acts as establishes or locates the 
 county seat were repealed, and the question of the selection 
 of the county seat was submitted to a vote of the inhabi- 
 tants. 
 
 The same act, which the title declared was "for other pur- 
 poses," repealed the act of the previous session organizing 
 Calumet county, and remanded it back to its former union 
 with Brown county for all purposes. 
 
 The "Bridge War"' in Milwaukee first assumed practical 
 shape by the enactment at the winter session, 1840, of a law 
 which authorized and required the county commissioners 
 of Milwaukee county to locate and construct a drawbridge 
 across the Milwaukee River from the foot of Chestnut 
 street to the foot of Division street. 
 
 At the same session Hoel S. Wright was authorized to 
 erect a toll bridge across Fox River at the mouth of Plum 
 Creek, where " Wrightstown " now is. 
 
 A special act passed at that session authorized Wm. H. 
 Bruce and others to build and maintain a dam across the 
 Manitowoc River at the point where the village of Manito- 
 woc Rapids has since grown up. 
 
 An act to incorporate the Michigan and Rock River Rail- 
 road Company was passed at that session which authorized 
 the corporation to construct a railroad 
 
 " From the Rock River, at a point at or near where the line of the State of Illinois 
 crosses the same (being where Beloitnow is) to such point near Lake Michigan in the town- 
 ship of Soutliport (uow Kenosha) as shall be determined on by a majority of the board of 
 directors." 
 
 " The "Wisconsin Lead Mining, Smelting and Manufacturing Company" 
 
3^10 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 was incorporated with a capital of one million dollars and the 
 operations of the company in mining and smelting were to 
 be confined to the counties of Grant and Iowa. 
 
 The time for holding general elections was at this session 
 changed from the first Monday in August to the fourth Mon- 
 day of September. 
 
 A very anomalous divorce act was passed at this session, 
 which recited that 
 
 "Joseph R. Brown (who was the next year elected a member of the House of Representa- 
 tives from St. Croix county) and Margaret Brown, a half-breed Chippewa woman, were 
 legally married and were mutually desirous of dissolving the marriage contract in conse- 
 quence of the danger they both incur of the destruction of their lives and property by con- 
 tinuing to live together, at the place where they have been accustomed to and now 
 reside, on accoimt of the hostile incursions of the Sioux Indians." 
 
 That it should be lawful for them by a written article of 
 separation, under their hands and seals, to dissolve the mar- 
 riage contract existing between them, provided that the ar- 
 ticles of separation should contain a provision for her of 
 one third of all his property. 
 
 A joint resolution was adopted making further provision 
 for the location of a portion, not exceeding two thirds, of 
 all the lands granted by Congress in 1838, for the use and 
 support of a university. 
 
 The appropriations made by the Legislative Assembly, for 
 the pay and mileage of members, printing, and all inci- 
 dental expenses of the two sessions held in 1840, amounted 
 to a total sum of $27,892.65. The excess of the expenses of 
 the preceding year over the appropriation by Congress was 
 $7,064,94, which two sums made $34,957.59. The appropria- 
 tion by Congress for 1840 was $34,075, which still left a small 
 sum of $882.59, while the appropriations of the Legislative 
 Assembly for the two years of 1839 and 1840 exceeded the 
 amounts appropriated by Congress during those two years 
 for their liquidation. 
 
 An important act was passed at the winter session, which 
 prescribed that the term of all officers of the Territory, 
 whose terms were not limited by law (except militia officers), 
 should be two years, and should terminate on the first day 
 of January, 1842. 
 
TERRITORY OF WISCONSIN IN 1840. Svjl 
 
 About the first of October John P. Sh-eldon was removed, 
 from the office of Register of the Land Office, at Mineral 
 Point, and John V. Ingersoll appointed as his successor. 
 
 Maj. Sheldon, previous to his appointment to this office 
 by Gen. Jackson, had been an editor of a democratic paper 
 at Detroit. He was a zealous and effective partisan, with 
 warm and devoted friends, and brought upon himself the 
 serious and determined opposition of many opponents, 
 which finally culminated in his removal. 
 
 A large public meeting was held at Mineral Point, in 
 which he was highly eulogized, and surprise and regret at 
 his removal expressed. 
 
 The presidential election of 1840 will long be remembered 
 by those who were on the stage of action at that day, and 
 will stand recorded in history as having been attended by a 
 more exciting campaign than any which ever preceded it. 
 Mr. Van Buren was the candidate of the democratic party 
 for re-election, and Gen. William Henry Harrison was the 
 whig candidate, with John Tyler as the candidate for Vice- 
 President. 
 
 The Whig candidates were euphoniously designated in 
 the political songs as "Tippecanoe and Tyler too.*" The cam- 
 paign as the "Log-cabin," "Hard Cider," "Coon skin," etc., 
 campaign, arising from the free use made in public proces- 
 sions and meetings of these supposed emblems of General 
 Harrison's early life. 
 
 As Wisconsin had no vote in the presidential election, the 
 excitement in the Territory was only sympathetic and sec- 
 ondary, and was exhibited in a partial and fragmentary or- 
 ganization of the democractic party for the nomination of 
 candidates for the election held in September, for members 
 of the House of Representatives. Such organizations were 
 formed in Brown and Iowa counties, but were not perfect, 
 personal considerations entering largely into the elections, 
 while the canvass in other counties was conducted entirel}'- 
 upon the personal characteristics of the candidates. 
 
 The excitement in the Territory was largely augmented 
 by the publication of a paper, signed by the Delegate in 
 Congress, bearing date iNew York, September 7, 1840, under 
 the title of "The voice of an injured Territory." It was got- 
 ten up in a style similar to the statement of grievances of the 
 American colonies, at the conduct of the King of Great 
 21 
 
323 HISTORY OF THE TERRITORY OF WISCONSIN 
 
 Britain, contained in the Declaration of Independence. It 
 was extensively circulated throughout the United States, as 
 a campaign document, and undoubtedly contributed consid- 
 erably to the election of the Whig candidates. 
 
 Its great length forbids its entire reproduction here, and 
 only a few extracts can be given. 
 
 It commenced as follows : 
 
 To the People of the United States — 
 
 "In the administration of the Territorial Government of Wiskonsin the Executive of the 
 United States has not consulted or regarded the feelings, interests or wishes of the people. 
 Being entitled to no vote in the election of President, they are compelled to appeal to the 
 citizens of the states. That appeal as their delegate and representative I now make. 
 
 '•He has refused to cause harbors and light houses to be constructed on the shore of 
 Lilke Michigan, for the protection of commerce and of the lives and property of our 
 citizens. 
 
 "He has taken the sum of $34,000, which was appropriated specifically for the erection 
 of light houses, and applied it towards the construe ion of the Sub-Treasury Building 
 in Washington. 
 
 "He has suddenly abandoned the system of internal improvement within the Territory, 
 leaving the roads, which have been commenced, in an unfinished state, and the navigation 
 of the rivers, which are the great thoroughfares thioughout the countiy, unimproved. 
 
 "He has thus and by other measures prevented the sale and settlement of the public 
 lands within the Territory, by which he has diminished the revenues of the government 
 and deprived Wiskonsin of an accession to her population, which would have entitled her 
 to admission into the Union. 
 
 "He has endangered the peace of the frontier by compelling by a military force the Win- 
 nebago Indians to remove from the country, and before the Government had fulfilled on 
 its own part, the stipulations of the treaties with that tribe. 
 
 "He has appointed men to the offices of the Territory who were not citizens of the Terri- 
 tory and who were unqualified and incompetent, and has refused to remove them after 
 their unfitness was proved." 
 
 The remainder of this long campaign document is taken 
 up with specific allegations of neglect, disregard and 
 abuse of the interests of the Territory in the appointment 
 of, and the neglect or refusal to remove the Governor, 
 Judges, District Attorney, Surveyor General and Kegister 
 of the Land Office at Mineral Point ; and with a long array 
 of reasons, why these officers ought not to have been ap- 
 pointed, or why, having been appointed, they ought to 
 have been removed. 
 
 It closes as follows : — 
 
 " These facts, which were duly laid before the President, are now submitted to you, 
 that you may determine whether he faithfully performed his duty. 
 
 "For this neglect and disregard of the interests of the Territory and of the General 
 Government, and for these gross acts of mal-administration, the Executive alone is respon- 
 s ble. Disfranchised a^ we are, we cannot forget that we are still American freemen. 
 When our petitions have been spurned by the rulers you hive set over us, because we have 
 
TERRITORY OF WISCONSIN IN 1840. 323 
 
 no voice in the party politics of tlie countiT — when those riders have filled those offices 
 with pulitical mendicants from other states, having no knowledge of or interests in com- 
 mon with us, it is our right to address ourselves to you, the only source of power, and ask 
 a redress of grievance. 
 
 "New York, September 7, 1840. J. D. DOTY." 
 
 In states remote from Wisconsin this "Voice of an In- 
 jured Territory," was well calculated to augment the oppo- 
 sition to Mr. Van Buren, which had already attained a 
 magnitude which indicated the defeat which in less than 
 two months proved disastrously overwhelming. 
 
 But in Wisconsin the absurdity of charging upon the ex- 
 ecutive, responsibility for the non-construction of harbors 
 and light-houses, and of abandoning a system of internal 
 improvements, and thus (and by other measures not stated) 
 depriving " Wiskonsin of an accession to her population," 
 when it was well-known that the responsibility rested with 
 Congress alone, was fully met and exposed. 
 
 There too, it was well-known that the removal of tlie 
 Winnebago Indians, so far from endangering "■ the peace of 
 the frontier " was the most effective means of securing it. 
 
 The covert attack upon the Governor, Judges, Attorney, 
 Surveyor-General and Register of the Land Office, under 
 the pretense of assailing the President of the United States, 
 produced no damaging effect upon those officers in the 
 Territory where they were well-known. The Governor was 
 the next year elected delegate. Again appointed Governor 
 in 1845 — elected the first United States Senator and subse- 
 quently re-elected. The Surveyor-General (Geo. W. Jones) 
 was for a long time United States Senator from Iowa, and 
 represented the United States, as its Minister, at a foreign 
 court. The Judges and Attorney often received marked 
 and convincing evidence of the confidence which the people 
 reposed in them, and there is no doubt if the voters of Wis- 
 consin could then have voted for President, that the vote of 
 Mr. Van Bueen would have been increased rather than di- 
 minished by these charges of the delegate. 
 
524 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 CHAPTER XXII. 
 
 TERRITORY OF WISCONSIN IN 1841. 
 
 So lon^ as its political dependence upon the United States 
 continued, the interest of the inhabitants of the Territory in 
 the proceedings of Congress was unabated. 
 
 The second session of the 2Gth Congress, commencing on 
 the 7th of December, 1840, and ending on the 3d of March, 
 1841, was barren of any results of interest to the Territory, 
 with the exception of the ordinary appropriations for the 
 salaries of the Governor, judges and secretary, and for the 
 expenses of the Legislative Assembly. 
 
 The appropriations for salaries ($9,100) and contingent ex- 
 penses ($350) were the same as in former years, while the 
 appropriation for the pay and mileage of members and other 
 expenses of the Legislative Assembly, was reduced from 
 the sum $34,075, appropriated at the previous session, to the 
 Linprecedentedly small sum of $20,000. 
 
 This reduction was made in the face of the fact that the 
 Legislative Assembly had, during this same session of Con- 
 gress, been compelled to anticipate the appropriation by 
 a resort to certificates of indebtedness, in payment of its 
 expenses. 
 
 No appropriations were made for any of the numerous 
 harbors on the lake shore, for territorial roads, or internal 
 improvements of any description nor for any of the numer- 
 ous objects for which they were so greatly needed. 
 
 Judge Doty was the Territorial Delegate during this 
 session. 
 
 The first session of the third Legislative Assembly con- 
 vened at Madison on the 7th day of December, 1840. 
 
 The members of the Council elected in 1838 to the second 
 Legislative Assembly were, under the provisions of the or- 
 ganic act, elected for four years, and continued, with two 
 exceptions, to hold their offices during the terms of both the 
 second and third Assemblies. 
 
 The exceptions were William A. Prentiss and Daniel 
 Wells, Jr., from the district of Milwaukee and Washington 
 
TERRITORY OF WISCONSIN" IN 1841. 325 
 
 who had resigned, in place of whom Jonathan E. Arnold 
 and Don A. J. Upham were elected. 
 
 In the House of Representatives, however, there was al- 
 most an entire change in the personnel of its members, 
 elected under the new apportionment made at the previous 
 August session, but three of the members of the previous 
 House having been elected to this. These were, Messrs. 
 Dewey of Grant, Ray of Milwaukee, and Whiton of Rock. 
 
 The new House of Representatives consisted of the follow- 
 ing members : 
 
 Brown, Fond dii Lac, Manitoivoc, Portage, and Sheboy- 
 gan— Wil.j^iam H. Bruce (whose seat was successfully con- 
 tested by Albert G.Ellis), Mason C. Darling, and David 
 
 GiDDINGS. 
 
 Crawford and St. Croix — Joseph R. Brown and Alfred 
 Brunson. 
 
 Dane, Dodge, Green, Jefferson, and /Saw/j — Lucius I. Bar- 
 ber and James Sutherland. 
 
 Grant — Daniel R. Burt, Nelson Dewey, and Neeley 
 Gray. 
 
 Iowa — Francis J. Dunn (who resigned on the last day but 
 one of the session), Ephraim F. Ogden, David Newland, 
 and Daniel M. Parkinson. 
 
 j\Iiltcaifliee and Washington — Joseph Bond, Jacob 
 Brazelton, Adam E. Ray, John S. Rockwell, and Will- 
 iam F. Shephard. 
 
 jKacme — George Batchelder, Reuben H. Deming, and 
 Thomas E. Parmelee. 
 
 Boclx: and Walworth ; John Hackett, Hugh Long, Jesse 
 C. Mills and Edward Y. Whiton. 
 
 In the Council, Hon. J a:\ies Maxwell of Walworth 
 county was elected President on the third ballot, and 
 George Beatty of Iowa county, was unanimously re-elected 
 Secretary. 
 
 In the House of Representatives, Hon. David Newland 
 of Iowa county was on the first ballot elected Speaker and 
 John Catlin of Dane county was unanimously re-elected 
 Clerk. 
 
 On the second day of the session Governor Dodge deliv- 
 •ered his annual message to the two houses jointly assem- 
 bled in the Representatives' hall. 
 
 The Governor renewed the recomm.endation of his mes- 
 
326 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 sage of 1838, of memorializing Congress to amend the or- 
 ganic law so that the members of the Council be elected 
 every second year, and members of the House annually, and 
 also recommended that Congress be asked so to amend the 
 organic law as to permit the qualified electors in each 
 county, to elect all their county officers, civil and military, 
 which, as provided by that law, were appointable by the 
 Governor. 
 
 The attention of the Legislative Assembly was again 
 called to the dangers threatened by the course pursued in 
 the management of its affairs by the Bank of Mineral Point, 
 especially in its issue of what were denominated j90s^-?io^e5, 
 payable at a future day. 
 
 He said : 
 
 "This is a violation of all judicious banking; it is certainly a dangerous power to be ex- 
 ercised by any banking institution. The time of redeeming her notes might be extended 
 to twelve or eighteen months as well as for three or four months. If a bank is permitted 
 to leave her legitimate business and enter the field of speculation by dealing in the staple- 
 commodity of the country, her capital will always enable her to prostrate individual enter- 
 prise, to the great injury of the people. Banks are created for the benefit of the people 
 and should be confined to the legitimate purposes for which they were chartered." 
 
 The Governor recommended the enactment of so much of 
 the New York Safety Fund law as provided for the appoint- 
 ment of bank-commissioners, with the power of examination 
 and the other powers conferred by that law, the charter of 
 the bank containing a provision that it should be subject so 
 far to be amended as to make it conform to such a safety 
 fund system. 
 
 The opinion was expressed that corporations of a private 
 nature ought not to be increased. 
 
 It was recommended that Congress be asked to extend tha 
 right of pre-emption to the settlers on the even-num- 
 bered sections of land reserved by Congress in the act 
 making appropriations for the Milwaukee and Rock River 
 canal. 
 
 Also to grant the miners pre-emption rights to their min- 
 eral lots, where they were held by discovery or purchase, 
 under permission of the Superintendent of the United States 
 lead mines, as well as to extend the right of pre-emption to 
 actual settlers who are located on reservations made by the- 
 superintendent for smelting purposes, and also to settlers 
 on lands located for the half-breed Winnebagoes under the 
 treaty of 1829. 
 
 The message stated that in conformity with a resolution 
 
TERRITORY OF WISCONSIN IN 1841. 82 
 
 0/C< 
 
 of the Legislative Assembly the Governor had appointed 
 three commissioners to make location of the University 
 lands. That the commissioner for the Green Bay district 
 had selected from that district 10,248 acreS;, which had been 
 approved by the Treasury Department and reserved from 
 sale. That no reports had been received from the other two 
 commissioners appointed in the Milwaukee and Wisconsin 
 districts. 
 
 The appointment of a Territorial geologist was recom- 
 mended. 
 
 The justice and propriety of asking Congress for appro- 
 priations for the improvement of the navigation of Rock 
 River and of the Fox and Wisconsin rivers, and uniting the 
 waters of those rivers by a short canal at the Portage, as 
 well as for the improvement of the Pecatonica and Platte 
 rivers, was repeated in this message. 
 
 Memorials asking appropriations from Congress for the 
 construction of harbors on the shores of Lake Michigan, 
 although they had been annually forwarded since the organi- 
 zation of the Territorial government, were again recom- 
 mended. 
 
 The message stated that the Indians on our extended 
 frontier appeared peaceably disposed. That the Winne- 
 bagoes were removed to the west bank of the Mississippi in 
 the preceding June, but that a great unwillingness to occupy 
 their country, generally called the neutral country, was dis- 
 covered; that they appeared to entertain a dread from at- 
 tacks of the Sac and Fox Indians, and it would require a 
 strong, mounted force to keep them from returning to the 
 country east of the Mississippi and north of the Wisconsin 
 Rivers. 
 
 The report of the Adjutant General in relation to the 
 state of the militia was referred to in the message as were 
 some other minor subjects. 
 
 One of the most interesting questions which occupied the 
 attention of the Legislative Assembly at this session arose 
 in the contested election case of Albert G. Ellis against 
 William H. Bruce. It was the question wdiether the Broth- 
 ertown Indians were so far citizens of the United States as 
 to be entitled to the right of suffrage. 
 
 The certificate of election had been given in due form to 
 Mr. Bruce, upon which he was sworn in with other mem- 
 bers and took his seat. 
 
328 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 On the third day of the session the petition and remon- 
 strance of Albert G. Ellis was presented contesting- the 
 seat of Mr. Bruce. On the next day an affidavit of Mr. 
 Bruce concerning his right to a seat was presented. The 
 petition and remonstrance of Mr. Ellis and affidavit of Mr. 
 Bruce were then referred to a select committee of five 
 members (afterwards increased to seven) with powers to 
 send for persons and papers, and instructions to report to 
 the House as soon as practicable the facts in the case. 
 
 Horatio N. Wells, Attorney General of the Territory, 
 was retaine4 as counsel for Mr. Bruce, and Moses M. 
 Strong, United States District Attorney, as counsel for 
 Mr. Ellis. 
 
 The following resolution was reported by the committee 
 and adopted. 
 
 Resolved, That Horatio N. Wells and Moses M. Strong be appointed commissioners 
 to take testimony relative to the contested election between Albert G. Ellis and 
 William H. Bruce, and that they each be authorized to administer oaths and compel the 
 attendance of witnesses, and that the said Wells and Strong shall each be allowed such 
 per diem compensation and mileage as is allowed to the members of this House, and such 
 sum for their necessary expense? as the Legislative Assembly may allow. 
 
 The commissioners immediately entered upon the work 
 imposed upon them by this resolution. They visited the 
 counties of Sheboygan, Manitowoc, Brown, Calumet, Fond 
 du Lac and Portage and took testimony in each of these 
 counties. They were absent on this business from the IGth 
 December until the 0th of January, and on the 11th of Jan- 
 uary submitted to the House the testimony taken by them, 
 consisting of over seventy depositions and copies of election 
 returns, which was referred to the select committee. 
 
 On the 2Gth of January the committee made its report, 
 from which it appeared that by the official canvass there 
 w^ere three more votes canvassed for Mr. Bruce than for 
 Mr. Ellis. 
 
 That there were illegal votes cast in several precints, of 
 which seventeen w^ere cast for Mr. Bruce and thirteen for 
 Mr. Ellis, deducting which, left a majority of one in favor 
 of Mr. Ellis, independent of the votes cast in the Pinery 
 (Portage county), and by the Brothertown Indians. 
 
 In the Pinery three votes were given to Mr. Ellis and 
 seventeen to Mr. Bruce, all of which, it was claimed by Mr. 
 Ellis, should be rejected. At Manchester thirty-four votes 
 were given for Mr. Ellis by Brothertown Indians, which ii, 
 was claimed by Mr. Bruce should ho re jectecl. 
 
TERRITORY OF WISCONSIN IN 1841. 329 
 
 In regard to the Pinery precint, in Portage county, the 
 committee reported that the election was held at a place not 
 authorized by law, where the polls were opened after twelve 
 o'clock (noon), that it did not appear that either the judges 
 ■or clerks were sworn ; that one of the judges did not possess 
 the qualifications of a voter in Portage county, and that it 
 did not appear that any poll books were ever made or re- 
 turned. 
 
 In regard to the Broth ertown Indians, the committee re- 
 ported : 
 
 "It appears from an net of Congress (passed Mai-ch 3, 18:59), that the Brothertowii 
 IiKliaiis, upon certain conditions set forth in the act, were made citizens of the United 
 States." 
 
 The committee expressed no opinions of the legality of 
 these votes, but reported as a fact that the Brothertown 
 Indians had long since adopted and did then pursue the 
 habits of civilized life. 
 
 The report of the committee was taken up on the 27th of 
 January, when by a vote of the House, both parties were to 
 be heard by counsel, and the counsel of the party in relation 
 to whom the pending question affirmed a favorable proposi- 
 tion, was to have the opening and close. 
 
 The first question considered by the House and argued by 
 counsel related to the votes in the Pinery precinct. It was 
 discussed a, large part of two days and on the 28th a res- 
 olution was adopted, by a vote of twenty-three to two, 
 that those votes, for the reasons stated by the conmiittee 
 were 
 
 "Not an expression of the wishes of the l.'fcal voters of that precinct and therefore 
 ought not to be received or aUowed." 
 
 Mr. BRU(.'E,tlie contestee, was excused from voting and all 
 the other members except Messrs. Brunson and Giddings 
 voted in favor of the resolution. 
 
 The important question remained of the right of the Broth- 
 ertown Indians to vote. This question was presented by 
 the following resolution: 
 
 " Kesolvrd, That the votes of l}ie Brothertown Indians given at Manchester precinct 
 ■ought to be received and allowed, excepting those which have been rejected by the com- 
 mittee." 
 
 This resolution was debated at great length by counsel 
 and by members, and on the second day of the debate (29th) 
 a vote Avas reached when the resolution was adopted b}'" a 
 vote of fourteen to ten. 
 
330 HISTORY OF THE TERRITORY OF WISCONSIN, 
 
 Ayes: Messrs. Batchelder, Brazelton, Darling, Dem- 
 ING, Dunn, Hackett, Long, Ogden, Parkinson, Parmelee, 
 Ray, Rockwell, Shepard, and Newland, speaker. 
 
 Noes: Barber, Bond, Brown, Brunson, Burt, Dewey, 
 GiDDiNGS, Gray, Mills and Whiton. 
 
 On the same day a resolution was adopted that William 
 H. Bruce was not entitled to a seat in the House, and on 
 the 30th that Albert G. Ellis was, and he was then sworn 
 in and occupied the seat during the remaining nineteen days 
 of the session. 
 
 Pending this serious contest an episode of a less serious 
 natiire occurred in the presentation of a petition on the 2oth 
 of January of Ebenezer Childs claiming the seat occupied 
 by Mason C. Darling. The petition and a counter state- 
 ment of Dr. Darling were referred to a select committee. 
 
 On the 2nd of February Mr. Childs withdrew his petition 
 which ended the farce, except that a resolution introduced 
 on the last day but one of the session, that he was entitled 
 to his per diem and mileage was rejected by a vote of five 
 to seventeen. 
 
 Another contest of a serious nature was developed at a 
 late period of the session. 
 
 On the Gth of February the memorial of Theophalus La 
 Chappelle, contesting the seat of Alfred Brunson, was 
 presented, praying the appointment of a commissioner to 
 take testimony and report at the next session of the Legis- 
 lature. It was referred to the committee on elections, as 
 was a statement in reply made by Mr. Brunson. 
 
 The committee subsequently, on the 13th February, re- 
 ported a resolution that Hon. Joseph R. Brown, a member 
 from the same district, be authorized as commissioner to 
 take testimony in the county of St. Croix, in the case, to 
 send for persons and papers, administer oaths, and report at 
 the commencement of the next session, and that the parties 
 be authorized to take testimony in Crawford county, as pro- 
 vided by law for taking depositions in civil cases. 
 
 The resolution was adopted, and thus ended for the session 
 the contest of La'Chappelle vs. Brunson. 
 
 The Capitol remained in about the same unfinished condi- 
 tion at the commencement of this session of the Legislative 
 Assembly as that in which it had been left at the close of 
 the preceding session. 
 
TERRITORY OF WISCONSIN IN 1841. ;j:U 
 
 No provision had been made for means to pay for any im- 
 provements on the public buildings except the collection of 
 money from the old commissioners and treasurer by means 
 of the suits which had been commenced, and the opinion 
 was expressed by the commissioner in his report to the Leg- 
 islative Assembly in January, 1841, that it would — 
 
 " Require great exertion and much time to recover the money belonginf? to th(! Territory, 
 so as to apply the funds to the purposes for which they were originally designed." 
 
 The same unfinished rooms which had been occupied by 
 the Council and House of Representatives at the previous 
 session, although uncomfortable and but poorly adapted to 
 the use of the two branches of the Legislative Assembly, 
 were made to supply the place of better. There was, how- 
 ever, much dissatisfaction felt and expressed by several 
 members, and a disposition existed in some quarters to 
 change the location of the seat of government. This feel- 
 ing exhibited itself in a most marked manner in Jefferson 
 county. Propositions were made b}^ the citizens of Jeffer- 
 son, Watertown and Aztlan to remove the seat of govern- 
 ment from Madison to their several localities. 
 
 These propositions were referred to committees, but none 
 met with any favor, excepc that a minority of one commit- 
 tee reported a bill to remove the seat of government to Azt- 
 lan, which, however, never progressed beyond a second 
 reading. 
 
 The committee on Territorial affairs of the Council, sub- 
 mitted a report upon the subject in which they say: 
 
 "It does not appear that a removal of the seat of government is petitioned for or even de- 
 sired by any considerable portion of the people of the Territory, and no measures ought 
 to be adopted by the Legislature afCecting the removal of it, without satisfactory proof 
 that a majority of the people are in favor of the measure. No objections have been urged 
 against the present site and no reasons exist in the mind of your committee in favor of a 
 removal, except the present unfluished state of the Capitol, and the want of good accommo- 
 dations at this pla.-e. The present Capitol can be finished easier and sooner than one could 
 be built in any other part of the Territory, and it is highly probable that no other site 
 would bo selected that woul 1 alTord bett^jr accommodations than are now to be found at 
 Madison. ******* jt appears from the report of the commissioner of public 
 buildings, as well as from an inspection of the building, tliat it is in a vi'ry unsafe and di- 
 lapidated condition, and that unless it is soon completed or repaired, the expenditure 
 already laid out upon the Capitol will be wholly lost" 
 
 In the house the committee on Territorial affairs reported 
 that by an examination of the building in its present con- 
 dition, and comparing it with the original designs and 
 draughts, they have estimated the probable cost of its com- 
 pletion at $6,758.86. 
 
332 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 A bill was introduced into the House, which after some 
 amendments was passed by a vote of 17 to 7, which provided 
 that the Treasurer of the Territory be authorized to issue 
 Territorial bonds of $100 each to the amount of $7,000, pay- 
 able in two years with interest at seven per centum; that 
 the Treasurer, after public notice, should cause the bonds to 
 be sold at not less than par for specie or its equivalent; that 
 when one half of the bonds should be sold the commissioner 
 of public buildings should immediately let the contract for 
 the completion of the Capitol to the lowest and best bidder, 
 upon the original plan and specifications in the contract 
 with Morrison, to be finished on or before the next meeting 
 of the Legislature. It provided that the contractor should 
 be paid on monthly estimates one half in money and one 
 half in bonds, if not previously sold, and that the money to 
 be collected from the old board of commissioners or Treas- 
 urer should be applied to the extinguishment of the bonds, 
 and if the same should be insufficient or not received when 
 the bonds should become due, such further provision for the 
 redemption thereof should be made as might be deemed ex- 
 pedient. 
 
 In the Council the bill was concurred in by a vote of 7 
 to 5, — Mr. Janes of Racine not voting — with two very mate- 
 rial amendments. 
 
 The first amendment provided, in three sections, that the 
 commissioner of public buildings should first give Morrison, 
 the original coi\tractor, the privilege at any time before the 
 25th day of March next of renewing his bonds for the com- 
 pletion of the public buildings, according to his original con- 
 tract, and if he did so the commissioner was authorized to 
 fulfill the contract on the part of the Territory, and give the 
 contractor until the first day of November to complete the 
 buildings, and to pay the contractor by orders on Mr. Doty, 
 the late treasurer of the board of commissioners, who was 
 authorized and required to pay the same in the manner pro- 
 vided for in the act creating said office of treasurer. This 
 amendment further provided that in case of refusal or 
 neglect on the part of Morrison to renew his said bonds, 
 then the Territorial bonds might be issued, as provided in 
 the House bill. 
 
 The second amendment provided that in case the provis- 
 ions of the act should not be carried into effect, and it should 
 appear to the satisfaction of the Governor that the Capitol 
 
TEERITORY OF WISCONSIN IN 1841. 333 
 
 would not be completed agreeably to its provisions, the 
 Governor was authorized to issue his proclamation, thirty 
 days at least, previous to the next annual session, conven- 
 ing the Legislative Assembly at Milwaukee, Provided, suit- 
 able rooms are furnished in the said town of Milwaukee for 
 the accommodation of the two branches of the Legislative 
 Assembly when holding their sessions, and for committee 
 rooms; also, an office for the executive, and offices for the 
 accommodation of the several Territorial officers, free from 
 any charge or expense to the Territory or general govern- 
 ment. 
 
 These amendments were not adopted by tlie Council, es- 
 pecially the first, without the most serious opposition. It 
 was said in support of this amendment that if it was em- 
 bodied in the law Morrison would resume his contract, give 
 new bonds, and that Doty would pay him and the Capitol 
 would be finished without incurring any debt. On the other 
 hand it was said that to pass the law with this amendment 
 was to undo all that had been done at the previous session. 
 The Legislature upon a strict examination had come to the 
 conclusion that the public money, which was fully ample to 
 build the Capitol, had been squandered for objects foreign 
 from what was intended, and they turned out the old board 
 of commissioners, and suits had been brought against the 
 old commissioners and contractor. 
 
 One member (Mr. Collins of Iowa county) said 
 
 "Are we now to say that all tliis hats been wronj; and pi-ovide for the wit lidrawal of the 
 suits. He thouprlit it the bounden duty of the Territory to proeepd with the suits. It may 
 be the fact tliat this is the only way in wliich we can ^et the money, but lie would rather it 
 would be lost than that the Territory should thus comiiromise its dignity and lionor and the 
 Legish^turedes(•^•nd to surli cliild's ))lay. He would rather see the capitol luinied to tlie 
 gromid than to f^ive the eonipU-tion of tlie work into the hands of the okl eoniniissioners 
 or the contract a^ain to James Morrison.'" 
 
 The first amendment was, however, adopted by a vote of 
 nine to four — Messrs. Collins, IMartin, Kountree and 
 Vineyard voting against it — and the second without a 
 division, and so the bill passed the Council. 
 
 The House at first disagreed to all the amendments and 
 the Council insisted upon them and again returned the bill 
 to the House, when on motion of Mr. Whiton the House 
 receded from its disagreement to the second amendment 
 and insisted upon its disagreement to the first amendment 
 and for the third time returned the bill to the Council. 
 
334 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 A committee of conference was then appointed upon the 
 disagreement to the first amendment, consisting of Messrs. 
 Martin and Learned of the Council and Messrs. Burt and 
 Hackett of the House. 
 
 This committee reported that the cost of completing the 
 Oapitol under the Morrison contract would be $14,000, and 
 that it need not exceed $9,000, if given out according to the 
 plan proposed in the House bill, and that if the amendment 
 should be adopted the Territory must lose at least $50,00, 
 which would otherwise be saved, and recommended that 
 the Council do recede from its first amendment. 
 
 The report of the committee was adopted and the Council 
 receded without a division and thus the bill became a law 
 with the second but without the first amendment. 
 
 The act was approved on the 19th of February, and on the 
 25th the Treasurer gave notice that the bonds would be for 
 sale at his office on the 25th of March. On the 26th of March 
 one half of them were sold at par. 
 
 The commissioners immediately gave notice that propos- 
 als would be received until the 26th of April, for completing 
 the Capitol, according to the published specifications. The 
 proposal of Daniel Baxter for $7,000 was accepted and a 
 contract made with him to complete the Capitol according 
 to the specifications by the 1st day of December. The work 
 was not fully completed according to the contract, but was 
 so far completed that the Governor did not feel warranted 
 in issuhig a proclamation for the meeting of the Legislative 
 Assembly at Milwaukee which under the law he was in his 
 discretion authorized to do. 
 
 N. C. Prentiss was re-elected Commissioner of Public 
 Buildings. 
 
 Every obstacle which the defendants could interpose to 
 prevent a speedy trial of the Territorial suits was resorted 
 to. The suits were pending in Iowa county, where a trial 
 was expected at the April term and was urged by the attor- 
 neys for the Territory, but the defendants obtained a con- 
 tinuance until the September term, for the reason that one 
 of the defendants (Doty) who was delegate in Congress, 
 had not returned from Washington, although Congress had 
 adjourned on the 4:th March. 
 
 At the September term the venue was changed to "Wal- 
 worth county, on the alleged ground of the prejudice of the 
 inhabitants of Iowa county. 
 
TERRITORY OF WISCONSIN IN 1841. 335 
 
 The court met at Elkhorn, in Walworth county, on the 
 fourth Monday of October, where, after some preliminary 
 questions had been decided in favor of the Territory, the suits 
 were, on the application of the defendants, again continued 
 for the alleged reason that the record sent from Iowa 
 county was imperfect, in that it did not contain a certain 
 bill of exceptions which the defendants said was taken by 
 them to the decision of the judge, and signed by him. It 
 afterwards was ascertained that no such bill had been 
 signed by the judge, which statement was made by one of 
 the attorneys for the Territory, in opposing the application 
 for a continuance. 
 
 The question of the formation of a State Government 
 was not agitated at this session of the Legislative Assembly. 
 
 A memorial to Congress relative to the southern bound- 
 ary of the Territory was introduced by Mr. Brunson, which, 
 on motion of Mr. Ellis, was laid on the table by a vote of 16 
 to 9, and was not again brought up during the session. 
 
 A resolution relative to the northeastern boundary was 
 adopted by both houses, which authorized the Governor to 
 open a correspondence with the Governor of the State of 
 Michigan, to ascertain, if possible, the terms on which that 
 part of the State of Michigan south of Lake Superior and 
 west of Green Bay and Lake Michigan, might be restored 
 to the jurisdiction of the Territory of Wisconsin. 
 
 By the act of Congress providing for the admission of 
 Michigan into the Union, approved June 15, 183G, the bound- 
 ary line, after reaching the mouth of the Montreal River, 
 was thus described : 
 
 " Thence through the middle of the main channel of the said Montreal River, to the 
 middle of the Lake of the Desert ; thence in a direct line to the nearest head-waters of 
 the Menomonee River ; thence through the middle of that fork of the said river first 
 touched by the said line, to the main channel of the said Menomonee River ; thence down 
 the center of the main channel of the same, to the center of the most usual ship chan- 
 nel of the Green Bay of Lake Michigan, etc." 
 
 The Surveyor-General was authorized and required by an 
 act approved June 12, 1838, to cause this boundary line to 
 be " surveyed, marked and designated," and the sum of 
 $3,000 was appropriated for that purpose. 
 
 This was not done and the same sum was re-appropriatod 
 to be expended under the direction of the Secretary of AVar, 
 
336 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 by the second section of the act making appropriations for 
 the support of the army, approved July 20, 1840. 
 
 The appropriation was inadequate to the work, and by 
 the third section of the army appropriation act, approved 
 March 8, 1841, there was 
 
 "Appropriated S6,C00 to be expended under the direction of the Secretary ofWar, in 
 t\ie survey and examination of the cotoifj-j/ situated between the mouths of the Menom- 
 onee and Montreal rivers, who is hereby directed tocause to be made a plat or p'an of such 
 survey and e.\aminatioii, which shall be returned to Congress with all convenient dispatch." 
 
 The time was so short after the appropriation of July, 
 1 840, and the appropriation so small, that but little was done 
 that year. A reconnoisance of the wild country between 
 the Montreal and Menomonee rivers was made by Capt. T. J. 
 Cram of U. S. Top. Eng., who submitted a report, December, 
 1840, 'to be found in Senate Ex. Docs., No. 151, 26th Congress, 
 2d Session, in which he says : 
 
 " It ^vas ascertained thit Lac Vieux Desert or ' Lake of the Desert,' has no connection 
 whatever with the Montreal river ; and that the nearest distance between said lake and 
 this river is such, that an Indian requires eight days, without a pack, to pas-; from one to 
 the other ; and it is also believed with much confidence, that the Montreal river does not 
 head in a lake, but takes its rise in an extensive swamp. Neither is Lac Vieux Desert, 
 or Lake of the Desert, at all connected with the Menomonee river ; but this lake was found, 
 contrary to the opinions of all except the Indians, to be the principal head of the Wisconsin 
 river." 
 
 Capt. Cram in this report further says : 
 
 " It wou'd be exceedingly difficult, yea, utterlj' impossible, to run the boundary in com 
 plete acLM.rdance with the present reading of the de cript;on in the act of Congress ; 
 paifculiriy on that part of the ground between the Montreal river and the head of t lie 
 IMenonionee (the Brule river), which comes nearest to ' Lake of the Desert.' " 
 
 He suggested modifications in the description of the 
 boundary to the following effect : 
 
 " To the mouth of the .Montreal River (of Lake Superior) thence (in ascending) through 
 the centre of the extreme right hand channel, that the said Montreal River may be found 
 to have, so far up the same as where the said channel shall be found to be intersected by a 
 direct line drawn from the highest point of ground on Middle Island of Lac Vieux Desert 
 north — " west ; thence (from the said intersection) alon^; the just described direct line, to the 
 said point of Middle Island; thence in a direct line to the centra of the channel of the 
 outlet of Brule River; thence following the center of the extreme left hand channel of 
 Brule River down to the middle of the channel of the Menomonee River." 
 
 This suggestion was subsequently so far adopted by Con- 
 gress in the " enabling act " of August 6, 184G, as to remove 
 the practical physical difficulty of delineating the bound- 
 ary line. That a?t prescribed that the boundary, after run- 
 ning through Lake Michigan to the Menomonee River, 
 should run 
 
TEERITOEY OF WISCONSIN IN 1841. 337 
 
 " Up the channel of that river to the Bruld River; thence up said last mentioned river to 
 Lake Brule ; thence along the southern shore of Lake Brul6 in a direct line to the center of 
 the channel between Middle and South islands in the Lake of the Desert; thence in a 
 direct line to the head waters of the Montreal River, as marked upon the survey made by 
 Capt. Cram." 
 
 In the summer of 1841 another reconnoisance, with many 
 astronomical observations and instrumental surveys, was 
 made by Capt. Ckam, whose report can be found in Senate 
 Ex. Documents, ISTo. 170, 27th Congress, 2nd session. 
 
 This reconnoisance and survey embraced the whole dis- 
 tance from the mouth of the Menomonee River at Green 
 Bay to the mouth of the Montreal River at Lake Superior. 
 
 The report says — 
 
 "The length of the surveyed line from the head of the Montreal to eastern extremity of 
 Trout Lake is 43 miles 3,188 feet." 
 "The length of the line from Trout Lake to Lac Vieux Desert is 35 miles 2,987 feet." 
 
 The sum of these two lines is 79 miles 795 feet, but this 
 distance is not on a straight line. 
 The report further says — 
 
 "The length of the surveyed line from Lac Vieux Desert to Lac BrulS is 15 miles 143 
 feet." 
 
 "The whole length of the survey from the head of the Montreal to the head of the BruliS 
 therefore becomes 100 miles 2,199 feet. 
 
 Speaking of Lake Vieux Desert, Captain Cram in his first 
 report says — 
 
 "The country in the vicinity of this beautiful lake is called in Chippewa language Ka-ta- 
 kit-te-kon, and the lake bears the same name. On South Island there is an old potato 
 planting ground, hence the appellation of Vieux Desert, which in mongrel French means 
 old planting ground. There is certainly more reason for calling it "Lac Vieux Desert" than 
 for the appellation "Lake of the Desert." 
 
 In the House of Representatives so much of the Governor's 
 message as relates to the Bank of Mineral Point was re- 
 ferred to the committee on corporations, of which Hon. 
 E. V. Whiton was chairman. 
 
 At an early period of the session Mr. Whiton reported 
 from the committee a bill to establish the New York safety 
 fund system. 
 
 T'le principal object which it was expected the passage of 
 the bill would accomplish was the election of a bank com- 
 missioner, with power at all times to examine the affairs of 
 the bank, and to cause it to be wound up whenever the i):ib- 
 lic welfare demanded it. 
 
 The passage of the bill was vigorously opposed by those 
 interested in the bank, with all the influence they co'ild 
 23 
 
338 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 bring to bear upon it, and the cashier had the assurance to 
 send a communication to the House, asking to be heard be- 
 fore it by counsel. 
 
 On motion of Mr. Whiton it was resolved that the bill be 
 referred to the committee on the judiciary, and that the 
 stockholders be allowed to appear before that committee by 
 counsel, and be heard relative to the bill. 
 
 After this the bill was before the House for more than a 
 month, and on the 13th of February it passed that body by 
 a vote of 16 to 10. 
 
 In the Council several amendments were adopted to the 
 bill, which its friends in the House regarded as defeating 
 its beneficial objects and proposed amendments to the Coun- 
 cil amendments calculated to prevent such an effect. The 
 Council refused to concur and the House refused to recede, 
 and the disagreement resulted in the defeat of the bill. 
 
 After the defeat of the bill, Mr. Collins, of Iowa county, 
 who had reported the amendment adopted by the Council, 
 on the last day of the session, introduced on leave a resolu- 
 tion that the President of the Council appoint a committee 
 of three members, to make a thorough examination of the 
 state and condition of the Bank of Mineral Point, and to 
 cause the result of their examinations to be published in a 
 newspaper at the seat of government and to make a report 
 to the Council at its next session. 
 
 The resolution was adopted and Messrs. Arnold, Learned 
 and Martin appointed the committee. 
 
 In about a month the committee caused their report to be 
 published which bore date March 23, 1841. 
 
 The report was of course based upon information derived 
 from the officers of the bank and showed that the imme- 
 diate liabilities of the bank (not including stock) were $250,- 
 295.34, and the available resources were $346,132.95, in 
 addition to which the bank had "paper which is not consid- 
 ered immediately available, but which may be deemed ulti- 
 mately good," amounting to $86,877.69 and that the remaining 
 property consisting mainly of real estate amounted to 
 $17,723.46, making a sum total of assets $350,734.10. 
 
 That it further appeared from the statement of the cashier 
 that $100,000 of the capital stock was paid in, which if added 
 to the liabilities would increase them to $350,295.34. 
 
 The report stated that of the immediate liabilities $208,- 
 S20, consisted of its outstanding bank note circulation. 
 
TERRITORY OF WISCONSIN IN 1841. 'Sno 
 
 which was an increase of $118,515, since the 25th of Septem- 
 ber 1840, when an examining committee of the Council re- 
 ported the circulation to be $90,305, 
 
 The remaining habilities consisted of drafts on New York 
 $27,400, and deposits $14,075.34. 
 
 This examination was made about three w^eeks after a 
 pubHslied announcement "to the public" over the signature 
 of the cashier, bearing date March 5, 1841, that the bank had 
 suspended specie payments and would pay her liabilities by 
 drafts on 'St. Louis at sight, payable in Illinois, Kentucky 
 or Indiana bank notes. 
 
 In the early part of August, 1841, the affairs of the bank 
 were placed in the custody of the law. An injunction was 
 issued to restrain the bank from continuing its operations 
 and receivers were appointed to take charge of its assets. 
 They found the vaults empty. The specie, of which the 
 committee reported March 23d, there was $20,507.25 on hand, 
 had been clandestinel}^ removed. The cashier, S. B. Knapp, 
 his brother, R. C. Knapp, and the teller, Porter Brace, had 
 absconded and taken with them the currency and other 
 portable assets of the bank. They were pursued by the re- 
 ceivers, and the cashier and his brother were overtaken at 
 Rockford and made prisoners. They had attempted to con- 
 ceal a large amount of bank notes and drafts by sealing 
 them up between the fly leaves and covers of some books, 
 which they had left with a friend and acquaintance, and 
 who delivered them up to the receivers. Upon "breaking 
 the seals*' in the presence of several Rockford gentlemen 
 they found $1,500 of Illinois Bank notes and over $70,000 in 
 certificates of deposit and drafts on Galena, St. Louis, New 
 York and Boston, and bills of lading for 12,901 pigs of lead 
 (903,070 lbs.). 
 
 The culprits escaped, and many of the parties upon whom 
 the drafts were drawn interposed defenses or offsets, so that 
 very little was ever realized from them. 
 
 The most mysterious thing about the whole affair was the 
 unaccountable disappearance of William H. Banks, Esq., 
 one of the receivers. He was a lawyer at Mineral Point of 
 high standing; a native of Virginia of unimpeachable 
 character in every respect. He went to St. Louis in the dis- 
 charge of his duties as receiver, when he mysteriously 
 disappeared and was never afterwards seen or heard of, not- 
 withstanding the most diligent search and inquiry. The 
 
3i0 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 mystery can only be solved on the theory of murder or 
 suicide. 
 
 Reports were made by the Attorney General and the Re- 
 ceiver of the Bank of Wisconsin showing that the suit to 
 forfeit the charter of that bank was still pending and that 
 the affairs of the bank were in process of liquidation. 
 
 The committee on corporations was instructed, on motion 
 of Mr. Whiton, to inquire into the expediency of memorial- 
 izing Congress to disapprove of an act of the Legislature of 
 the Territory incorporating the Wisconsin Marine and Fire 
 Insurance Company. 
 
 Near the close of the session (February 18) Mr. Whiton 
 from the committee on corporations, reported that 
 
 " No memorial which the Legislature could adopt would reach Congress in season to re- 
 ceive the attention of that body at its present session. Without expressing any opinion as 
 to the expediency of the measure, the committee recommend that no action be had relative 
 to the subject. " 
 
 An act was passed at this session incorporating two dis- 
 tinct fire insurance companies, one called the "Western 
 Mutual Fire Insurance Company," located at Prairie du 
 Chien and the other the " Howard Mutual Insurance Com- 
 pany " located at Green Bay. Neither of these companies, 
 however, it is supposed, were ever organized; at least they 
 never went into active operation. 
 
 A memorial to Congress was adopted, asking an appro- 
 priation for the Fox and Wisconsin rivers, and calling the 
 attention of Congress to the irnportance of improving the 
 navigation of the Rock and Peckatonica rivers, and also 
 stating the importance of the improvement of the Grant 
 river, known as the " Grant Slue " and of the Platte river, 
 which contained the questionable statement that 
 
 " The Little Platte river is navigable for the largest class of steamboats to within nine 
 miles of Platteville." 
 
 Another memorial requested Congress to make an appro- 
 priation of money for the construction of harbors on the 
 western shore of Lake Michigan. 
 
 An act was passed to incorporate the " Fox and Wiscon- 
 sin Steamboat Company." The incorporators were mostly 
 citizens of Green Bay. It was a small affair with an author- 
 ized capital of only $10,000, and it is not known that any 
 thing was ever done by virtue of the charter. 
 
TERRITORY OF WISCONSIN IN 1841. 341 
 
 At this session of the Legislative Assembly two acts were 
 passed granting divorces from the bonds of matrimony, and 
 annulling the marriage contract. One of these annulled and 
 made void the marriage contract between Peter How- 
 ard of Iowa county and Sarah Howard his wife, and 
 changed the name of Peter Howard to Robert C. Hoard. 
 The other, the marriage contract between Josiah Moore of 
 the county of Milwaukee and Levisee his wife. 
 
 These acts were passed as expressly exceptional, and in 
 the first case the judiciary committee which reported the 
 bill, say: 
 
 " The power by law being invested in the courts, for wise reasons that jurisdiction should 
 not be disturbed except in extreme and pecuHar cases ; such as where every one may, in 
 their own minds, be satisfied that the causes exist, yet the person applying for divorce may 
 be unable to establish the fact by legal testimony. Such case would warrant the interfer- 
 ence by the Legislature, and such ap]3ears to be the case that your committee have had 
 under consideration." 
 
 The select committee to which was referred so much of 
 the Governor's message as related to the appointment of a 
 Territorial geologist, after referring to the extent, richness 
 and value of the mines of lead and copper so long known to 
 exist in the Territory, expresses the opinion that the entire 
 Territory abounds in the most valuable minerals. That on 
 Black River, and near its principal falls, iron ore of a supe- 
 rior quality and inexhaustible in quantity had recently been 
 discovered, which was nothing short of an iron mountain, 
 only two miles above the falls, the base of which was 
 washed by the river, on which its products could be con- 
 veyed by boats, and — 
 
 " It is believed," the report says, " that this one spot is capable of supplying with iron 
 all the States and Territories along the 'Father of Waters' lying above the Des Moines 
 Rapids for centuries to come." 
 
 That in the vicinity of Prairie du Chien are found blocks 
 for mill-stones, equal in quality to the best importations 
 from France, inexhaustible in quantity, while gypsum or 
 plaster Paris, used for cementing these blocks, is said to 
 be found at Green Bay in abundance. 
 
 The probability of finding bituminous coal is discussed 
 and opinions advanced entirely in conflict with geological 
 facts, which are now well known. 
 
 The conclusion to which the committee arrived was — 
 
 " That from the want of funds in the Territorial treasury, it is inexpedient at present to 
 appoint a Territorial geologist." 
 
342 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 The subject of common schools received special attention 
 at this session of the Legislative Assembly, and an act was 
 passed condensing and consolidating the previous laws upon 
 this subject, and introducing some new features, which were 
 calculated to give efficiency to the common school system 
 of education. 
 
 The "Prairieville Academy" was incorporated and "The 
 Trustees of the Milwaukee Educational Institute." 
 
 Probably the most important act of the session so far as 
 it affected local self-government, was the — 
 
 "Act to provide for the government of the several towns in this Territory, and for the 
 revision of county government." 
 
 The New England and New York system of local self- 
 government is what may be called the ioivn system, while 
 that of the western and southern states was what may be 
 called the county system. 
 
 The great mass of the inhabitants of the lead mine region 
 prior to this period, came from the western and southwestern 
 states, and brought with them prejudices in favor of the 
 county system, which therefore became the recognized sys- 
 tem of municipal government. Their number was greater 
 than that of all other parts of the Territory at the time of 
 its organization. 
 
 The eastern portion of the Territory daring the first four 
 or five years of the Territorial existence rapidl}'" became 
 settled with a population largely imbued with the ideas of 
 New England and New York, in which they had been edu- 
 cated, and a corresponding desire was manifested that the 
 system of local government should be changed to conform 
 to their ideas. 
 
 This conflict of ideas resulted in the passage of this act, 
 approved February 18, 1841. 
 
 It contained a complete system for the organization of 
 towns, and specified all the details of town government, 
 and provided that the legal voters should at the next general 
 election vote for or against the provisions of the act, and if 
 a majority of the electors in any county should vote in 
 favor of the adoption of the act, the county so voting should 
 be governed by and be subject to the provisions of the act, 
 on and after the first Tuesday of April, 1843. 
 
 The result was that in some counties the town system was 
 adopted, and in others the county system continued to exist. 
 
TERRITORY OF WISCONSIN IN 1841. 343 
 
 The creation of towns by Legislative enactment continued 
 and at the same session, that part of the town of Watertown 
 comprised in townships number seven and eight in range 
 sixteen, was set off into a separate town by the name of 
 Union. 
 
 That part of the town of Whitewater comprised in town- 
 sliip three, range fifteen was set off into a separate town by 
 the name of Richmond. 
 
 The territory included in township five, range seventeen, 
 was created into a separate town by the name of Eagle. 
 
 And the name of the town of Kinnikinnick was changed 
 to Greenfield. 
 
 The towns of Potosi and Platteville in Grant county and 
 Southport and Racine in Racine county, were incorporated 
 with all the municipal powers of incorporated villages. 
 
 Commissioners were appointed with authority to lay out 
 the following Territorial roads: 
 
 From Marine Mills on the St. Croix River to Grey Cloud 
 island on the Mississippi River. 
 
 From the Falls of St. Croix to the Marine Mills. 
 
 From Prcscott's ferry to Grey Cloud island. 
 
 From English Prairie on the Wisconsin River (Muscoda) 
 to Whitney's Mills (Wood County). 
 
 From the Fox River of Green Bay, opposite the mouth of 
 Plumb Creek, to Smithfield north of the grist-mill in the 
 Oneida reservation. 
 
 From the United States road near the house of Seymour 
 Wilcox in Fond du Lac county (AVaupun) and to intersect 
 the same again near the bridge where the said road crosses 
 the Fox River in Portage county, and running on the north 
 side of Fox Lake. 
 
 From Fond du Lac to Oshkosh. 
 
 From Fort Winnebago to the Plover Rapids on the Wis- 
 consin River. 
 
 From Madison via Columbus, to the house of Seymour 
 Wilcox in Fond du Lac county. 
 
 From Fort Howard to Whitney's Mills. 
 
 From Monroe, Green county to Jefiferson, Jefferson 
 county. 
 
 From Milwaukee via Watertown to Fond du Lac. 
 
 From state line in section thirty-one, town one, range 
 nine east, to Monroe and thence to Mineral Point. 
 
344 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 From Sheboygan to Manchester. 
 
 From state line in section thirty-one, town one, range 
 nine east to Madison. 
 
 From Haneys' Ferry on Wisconsin River to Hickos 'sMills 
 in Iowa county, thence to the military road. 
 
 From Haneys' Ferry to the Dalles on Wisconsin River. 
 
 From Madison to Rowins' Rapids on Baraboo River. 
 
 From Racine to Rrairieville. 
 
 From Sauk Prairie to Whitney's Mills. 
 
 From Stockbridge to Sheboygan. 
 
 From Prairieville to northeast corner of section twenty- 
 nine, town four, range sixteen, thence to United States road 
 in town three, range sixteen. 
 
 From northeast corner of section 29, town four, range six- 
 teen to Janesville. 
 
 From Beloit to southwest corner of section sixteen, town 
 four, range ten east, thence northerly to intersect road to 
 Madison. 
 
 A supplemental act was passed in relation to the militia. 
 
 An act was passed to provide for the support of illegitimate 
 children and regulate the mode of proceedings. 
 
 Peddlers were required to obtain license. 
 
 The law in relation to assessing and collecting county rev- 
 enue was materially changed. 
 
 The northern boundary of Portage county, as established 
 in 1836, was the line between towns fourteen and fifteen, but 
 by an act passed at this session all that district of country 
 lying north of such boundary and comprised in ranges two, 
 three, four, five, six, seven, eight and nine east, and extend- 
 ing to the northern boundary of the Territory (except frac- 
 tional townships fourteen and fifteen, range nine, east), was 
 annexed to Portage county, so that Portage county thus 
 became forty-eight miles (eight ranges) in width east and 
 west and extended north from Dane county to the bound- 
 ary line between Michigan and Wisconsin, a distance of 
 more than two hundred miles. 
 
 The county was organized for all purposes of county gov- 
 ernment, and the county officers were required to hold their 
 offices at Wisconsin Portage, and for judicial purposes it 
 was attached to the county of Dane. 
 
 The north and south boundary lines of all counties bor- 
 
TERRITORY OF WISCONSIN IN 1841. 345 
 
 dering upon Lake Michigan were extended east to the east- 
 ern boundary hneof the Territory (in Lake Michigan) which 
 was declared to be the eastern boundary line of such coun- 
 ties; and the north and south boundary lines of all counties 
 bordering on the Mississippi River was extended west to the 
 western boundary line of the Territory, and jurisdiction was 
 conferred upon said counties co-extensive with the jurisdic- 
 tion of the Territory. 
 
 Samuiol H. Farnsworth was authorized to build a dam 
 across the south branch or channel of the Menomonee 
 River, in the county of Brown, and William P, Owen was 
 authorized to build a dam aci-oss Rock River, on section 19, 
 town 8, range IG (town of Ixoiiia). 
 
 The Governor was authorized by joint resolution to 
 appoint a competent person in the room of the one hereto- 
 fore appointed for the Wisconsin land district, to locate 
 10,248 acres of University lands and advertise and make 
 return thereof to the Governor. 
 
 A selection of 10,248 53-100 acres had previously been 
 made in the Milwaukee land district by Wm. B. Sheldon, 
 the agent appointed for that purpose, and advertised 
 November 25, 1840. 
 
 The annual expenses of the Legislative Assembly had 
 grown to proportions greatly in excess of the appropriations 
 made by Congress for their liquidation. To mitigate in 
 some measure the embarrassments arising from this con- 
 dition of affairs, the Legislative Assembly provided in Feb- 
 ruary, 1841, that the Secretary of the Territory, or in his 
 absence the Governor, be authorized to issue to the several 
 creditors of the Territory, certificates of the amounts due 
 them respectively, setting forth the amount due and for 
 what purpose, and bearing interest at ten per cent, per 
 annum, which certificates should be transferable by indorse- 
 ment, and for the redemption of which the faith of the Ter- 
 ritory and the several sums appropriated by Congress for 
 the payment of the expenses of the Legislative Assembly 
 were irrevocably pledged. 
 
 The creditors were to execute duplicate receipts for the 
 amount of their claims, which were to be forwarded to the 
 proper accounting officers of the Treasury department, and 
 
• 
 
 346 HISTORY OF THE TERRITOEY OF WISCONSIN. 
 
 the amount received thereupon was to be applied in the re- 
 demption of the certificates. 
 
 The President of the United States — William Henry 
 Harrison — died at Washington on the 4th of April, 1841, 
 one month after his inaugjuration. 
 
 The Vice-President, John Tyler, immediately succeeded 
 not only to the honors but to the responsibilities and duties 
 of the Presidential office. 
 
 In Wisconsin a very extensive system of removals from, 
 and appointments to, office was soon developed. 
 
 Henry Dodge was removed from the office of Governor 
 and James D. Doty appointed his successor. 
 
 Francis J. Dunn was removed from the office of Secretary 
 of the Territory and Alexander P. Field appointed his 
 successor. 
 
 Moses M. Strong was removed from the office of United 
 States Attorney, and Thomas W. Sutherland appointed his 
 successor. 
 
 George W. Jones was removed from the office of Sur- 
 veyor-General of Wisconsin and Iowa, and James Wilson, 
 of New Hampshire, appointed his successor. 
 
 Edward James was removed from the office of United 
 States Marshal and Daniel Hugunin appointed his suc- 
 cessor. 
 
 Pascal Bequette, Keceiver, and John V, Ingersoll, 
 Eegister of the Wisconsin land district, were removed and 
 Levi Sterling and Josiah D. Weston appointed their re- 
 spective successors, and the land office itself was removed 
 from Mineral Point to Muscoda. 
 
 L. S. Pease was removed from the office of Receiver of 
 Public Moneys in the Green Bay land district and Stoddard 
 JuDD appointed his successor. 
 
 A. B. Morton was removed from the office of Register of 
 the Land Office at Milwaukee and Paraclete Potter was 
 appointed his successor. 
 
 Numerous other changes were made in United States offi- 
 cers and the removals of postmasters for political and party 
 reasons were innumerable. 
 
 Political proscription was not confined to the United States 
 government, but was practiced in a small way in the Terri- 
 tory. Necessarily in a small way as the patronage of the 
 governor was limited. 
 
TERRITORY OF WISCONSIN IN 1841. 347 
 
 H. N. Wells was removed from tlie office of attorney 
 general and M. M. Jackson appointed his successor. Will- 
 iam T. Sterling was removed from the office of librarian and 
 Almon Lull appointed his successor. 
 
 N. T. Parkinson was removed fromtlie office of sheriff of 
 Dane county and A. A. Bird appointed his successor. John 
 Catlin was removed from the office of district attorney of 
 Dane county and Barlow Shackelford appointed. 
 
 George Messersmith was appointed sheriff of Iowa 
 county and Enos S. Baker of Grant county. 
 
 The Wisconsin Enquirer published at Madison announced 
 in its issue of June 9th 
 
 " That all difficulties between Ex-Governor Mason and Governor Doty, involving the 
 title of this town, have been settled, and that a deed from the former to the latter of the 
 whole property has been placed upon record. The settlement of the title will considerably 
 enhance the value of property and we may calculate now with some certainty on great 
 improvements being made in the town during the present season." 
 
 Previous to 1841, spasmodic efforts had been made to or- 
 ganize political parties for the selection and election of 
 members of the Legislature and Delegate to Congress. Such 
 efforts, however, had never been completely successful. 
 
 The overwhelming success of the Whigs at the presiden- 
 tial election in 1840, appeared to have aroused the zeal and 
 given strength to the courage of the Whigs of the Territory. 
 
 On the first day of January, the Whigs, in pursuance of 
 previous arrangements, assembled at Milwaukee to celebrate 
 the 
 
 "Brilliant victory achieved by the hardy yeomanry of our country in the late presiden- 
 tial contest." 
 
 This meeting was large, jubilant and enthusiastic and 
 many representative men from every part of the Territory 
 participated in it. 
 
 Among other proceedings was an agreement upon a com- 
 plete and thorough organization of the Whig party of Wis- 
 consin. To this end a central committee was appointed. 
 
 The committee issued the following notice: 
 
 WHIG CONVENTION. 
 
 The undersigned, members of the Whig Central Committee in this Territory, in pursu- 
 ance of a resolution passed at a meeting of the Whigs, in attendance at the celebration held 
 at Milwaukee on Uie first day of January, 1841, hereby give notice that a convention of 
 the Whigs of the Territory will be held at Madison, in the county of Dane, on the 4th day of 
 February next, to take into consideration the expediency of an efficient organization of the 
 Whig party throughout the Territory, and to transact such other business £is may bo 
 
348 HISTORY OF THE TEERITORY OF WISCONSIN. 
 
 thought proper. The Whigs in the several counties are requested to send delegates equal 
 to the number of Representatives to which they are entitled in both branches of the Leg- 
 islature. A. BRtTNSON, 
 
 William A. PRE^fTISs, 
 E. Childs, 
 James Collins, 
 John H. Rountree, 
 Edward V. Whiton, 
 Madison, January 9, 1841. Gilbert Knapp. 
 
 On the 4th of February the convention assembled at 
 Madison. A committee on credentials reported the names 
 of sixty-one persons entitled to seats in the convention. No 
 regard was paid by the committee to the apportiontment of 
 delegates among the several counties, but they reported 
 the delegates in attendance and entitled to seats from the 
 several counties, as follows : Crawford and St. Croix, 4 ; 
 Dane, 3 ; Jefferson, 3 ; Sauk, 3 ; Brown and the counties 
 attached, 9 ; Milwaukee, 10 ; Walworth, 5 ; Rock, 3 ; Iowa, 
 13, and Grant, 9. 
 
 It was further resolved : 
 
 " That all Whig citizens of the territory who are present and friendly to the objects of 
 the convention be invited to seats within the bar and to participate in the deliberations of 
 the convention." 
 
 Under this resolution the names of twenty other persons 
 were presented as members of the convention, ijicreasing 
 the number to eighty -one. 
 
 A preamble and series of resolutions, reported by a com- 
 mittee appointed for that purpose, were adopted ; and a 
 plan of organization was also adopted in pursuance of a re- 
 port of a committee. 
 
 The plan provided for the appointment of a central com- 
 mittee of five, whose duty it should be to call Territorial 
 conventions at such time and place as they might think the 
 interests of the party require ; in which the representation 
 should be limited to double the number to which each elec- 
 tion district shall be entitled in the House of Representa- 
 tives. The plan also provided for the appointment on the 
 nomination of the delegates then present a committee of five 
 in each of the election districts, whose duty it should be to 
 call conventions in their districts and to correspond with 
 the Whigs of the Territory in relation to the general inter- 
 ests of the party. 
 
 The committees were all appointed and the convention 
 adjourned, and thus the Whig party of the Territory was 
 fully organized for any subsequent political contests. 
 
TERRITORY OF WISCONSIN IN 1841. 349 
 
 The Democrats were not slow to accept the gage thrown 
 down by the Whigs. 
 
 On the 14th of January a meeting of Democrats was held 
 at Madison, which, after appointing a committee to report 
 resolutions upon the subject of party organization^ ad- 
 journed until tlie next day. 
 
 On the 15th the meeting re-assembled, and recommended 
 that a Territorial convention be held at Madison on Thurs- 
 day, the 11th of February, to be composed of delegates to 
 be chosen from each county, or from each election precinct, 
 as may suit the views and convenience of the citizens. 
 
 A central corresponding committee was appointed tem- 
 porarily, to continue until a permanent one should be ap- 
 pointed by the contemplated convention, and a committee 
 of three for each county in the Territory to secure from 
 their respective counties full delegations to the proposed 
 Democratic Territorial convention. 
 
 The proceedings of the meeting were indorsed by the sig- 
 nature of the names of sixty-two of the leading Democratic 
 citizens of the Territory. 
 
 The central committee immediately issued a stirring ap- 
 peal to their Democratic fellow citizens throughout the Ter- 
 ritory to organize and send full delegations to the proposed 
 Territorial convention. 
 
 On the 11th of February the Democratic Territorial con- 
 vention assembled, consisting of one hundred and thirty- 
 four delegates, and five others admitted to seats through 
 courtesy. The delegates represented the county of Brown 
 and the counties attached, and the counties of Dane, Grant, 
 Green, Iowa, Jefferson, Milwaukee, Racine, Rock, Sauk, St. 
 Croix, and Walworth, comprising every organized county 
 except Crawford (which elected delegates who sent a letter 
 stating their inability to attend), and some counties (Sauk 
 and St. Croix) which were not organized. 
 
 Hon. Morgan L. Martin was chosen President, with eight 
 vice-presidents, and Nelson Dewey and B. H. Edgerton, 
 Secretaries. 
 
 Committees on resolutions, to draft an address to the 
 people, and to report a plan for organizing the Democratic 
 party were appointed. 
 
 The committee on resolutions reported a lengthy platform 
 which was adopted; and in accordance with the report of 
 the committee on organization a central committee of five 
 
350 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 was appointed whose duty it was to call Territorial conven- 
 tions at the Capitol at such times as they might think the 
 interest of the party required, and to designate the number 
 of delegates thereto; which should be apportioned to each 
 election district according to population. 
 
 The Democrats of the different counties were requested 
 to appoint county committees, and to take speedy and effi- 
 cient measures for the organization of the Democratic 
 party. 
 
 Having thus met the challenge of the Whig party, and 
 placed the Democratic party in an attitude of readiness for 
 any subsequent political contests, the convention adjourned 
 sine die. 
 
 On the 25th of May the Whig central committee issued a 
 €all for a convention of Democratic Whig delegates to be 
 held at Madison on the first day of July. The representa- 
 tion under the call was double the number to which each 
 election district was entitled in the House of Representa- 
 tives, so that the convention, if fully represented, would 
 consist of fifty-two delegates. 
 
 The convention assembled at the time fixed and the elec- 
 tion districts were all nearly fully represented. 
 
 John P. Arndt of Green Bay was elected President, and 
 Thomas Wright of Racine and C. J. Learned of Prairie du 
 Chien were elected Secretaries. 
 
 A series of resolutions was reported and adopted after 
 which the convention proceeded to ballot for a candidate 
 for delegate. The result was: 
 
 For JoxiTHAN E. Arnold 29 votes. 
 
 For William S. Hamilton 14 votes. 
 
 For James Collins , 7 votes. 
 
 For William A. Prentiss , 1 vote. 
 
 For Blank 1 vote. 
 
 And Jonathan E. Arnold was declared the candidate of 
 the Whig party for delegate to Congress. 
 
 A committee of five — Edward V. Whiton, William S. 
 Hamilton, Wm. A. Prentiss, David Brigham and Charles 
 J. Learned — was appointed to prepare an address to the 
 people of the Territory. 
 
 A central committee of three — A. A. Bird, David Brig- 
 ham and James Morrison — was appointed and the conven- 
 tion adjourned sine die. 
 
TERRITORY OF WISCONSIN IN 1841. 351 
 
 On the 2d of June the Democratic central committee made 
 a, call for a Democratic Territorial convention, to be held at 
 Madison on the 10th day of July, and designated the num- 
 ber of delegates thereto, to which each district should be 
 entitled according to population, and was as follows: 
 Brown and the counties attached 8, Milwaukee and Wash- 
 ington 13, Racine 8, Rock and Walworth 9, Green, Dane, 
 Jefferson, Dodge and Sauk 5, Iowa 9, Grant 9, Crawford 
 and St, Croix 5; total G6. 
 
 The convention assembled on the lOtliof July with 57 del- 
 egates in attendance; the vacancies were from the district 
 of Brown, etc., 2, Milwaukee and Washington 1, Grant 2, 
 and Crawford and St. Croix 4. 
 
 Horatio N. Wells of Milwaukee was appointed Presi- 
 dent of the convention, and John Catlin of Madison and 
 C. Latham Sholes of Southport were appointed Secre- 
 taries. 
 
 A resolution was adopted that the convention now pro- 
 ceed to vote viva voce for a Democratic candidate for dele- 
 gate to Congress, that the vote be taken by districts, and 
 that each district cast the number of votes to which it is 
 entitled. 
 
 The result was that every district cast its entire vote for 
 Henry Dodge, being a total of G6 votes. 
 
 The names of the delegates were then severally called 
 over and each voted viva voce for Henry Dodge, and the 
 President declared that he was unanimously nominated. 
 
 A committee was appointed to inform the nominee, who 
 soon reported that he accepted the nomination. 
 
 Governor Dodge was also nominated as the Democratic 
 candidate to fill the vacancy in the office in the event that 
 any election should be held to fill such vacancy. 
 
 After the adoption of a very long series of resolutions and 
 the appointment of a committee to draft an address to the 
 citizens of the Territory, the convention adjourned sine die. 
 
 The election was held on the 4th Monday (27th) of Septem- 
 ber and resulted in a majority cf 507 in favor of Governor 
 Dodge. 
 
352 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 The following is the official canvass : 
 
 Counties. 
 
 Henry 
 Dodge. 
 
 J. E. 
 Arnold. 
 
 Brown . 
 
 Crawford 
 
 Dane and Sauk . 
 
 Dodge. 
 
 Fond du Lac . 
 
 Grant. 
 Green . 
 
 Iowa. 
 
 Jefferson .. 
 Manitowoc . 
 Milwaukee. 
 
 Eacine . 
 
 Rock 
 
 Sheboygan 
 
 St. Croix 
 
 Walworth 
 
 Washington 
 
 Total 
 
 Majority for Henry Dodge 
 
 195 
 
 76 
 
 73 
 
 10 
 
 13 
 
 502 
 
 135 
 
 547 
 
 120 
 
 27 
 
 656 
 
 483 
 
 203 
 
 13 
 
 17 
 
 340 
 
 26 
 
 3,435 
 
 125 
 
 57 
 
 99 
 
 11 
 
 11 
 
 633 
 
 98 
 
 347 
 
 101 
 
 19 
 
 585 
 
 307 
 
 229 
 
 23 
 
 10 
 
 311 
 
 12 
 
 2,928 
 
 507 
 
 CHAPTER XXIII. 
 
 TERRITORY OF WISCONSIN IN 1842. 
 
 The second session of the 27th Congress, which com- 
 menced on the sixth day of December, 18-il and terminated 
 on the thirty-first day of August, 1842, was looked to by the 
 people of Wisconsin with no less interest than were the 
 sessions which preceded it. 
 
 The expenditures of the Legislative Assembly at every 
 session since the organization of the Territory had been in 
 excess of the appropriations by Congress for their payment, 
 so that a large arrearage had accumulated which was rep- 
 resented by certificates of indebtedness and scrip, which. 
 
TERRITORY OF WISCONSIN IN 1843. 353 
 
 though depreciated, served to a great extent as a substitute 
 for currency. 
 
 The act making appropriations for the civil and diplo- 
 matic expenses of the government for the year 1842, 
 approved May 18, 1842, besides the ordinary annual appro- 
 priation of $9,100 for the compensation of the Governor, 
 Judges and Secretary and $350 for contingent expenses, con- 
 tained an appropriation of $20,000 for the expenses of the 
 Legislative Assembly. It also contained appropriations for 
 the expenses of Iowa and Florida Territories, as well as this 
 proviso : 
 
 " That the Legislative Assembly of no Territory shall hereafter, in any instance or under 
 any pretext whatever, exceed the amount appropriated by Congress for its annual 
 expenses." 
 
 Another act was subsequently passed at the same session, 
 approved August 29th, 
 
 " To provide for the settlement of certain accounts for the support of government in the 
 Territory of Wisconsin and for other purposes." 
 
 This enacted, ' ' That the proper accounting ofiflcers of the treasury department be 
 directed to audit and settle the accounts for the expenses of the Legislative Assembly of 
 the Territory of Wisconsin, including the printing of the laws and other incidental ex- 
 penses, which have not heretofore been closed at the treasury department." 
 
 The act contained many restrictions upon the allowances 
 to be made by the accounting officers, but the effect was to 
 substantially expunge the indebtedness of the Territory. 
 
 It also contained another provision which at the next ses- 
 sion of the Legislative Assembly was assigned by the 
 Governor as a reason for refusing to have official inter- 
 course with it. This provision was in the following words: 
 
 "No session of the Legislature of a Territory shall be held until the appropriation for its 
 expenses shall have been made." 
 
 The appropriations made by the Legislative Assembly in 
 1842, payable out of the moneys appropriated by Congress 
 for defraying its expenses, amounted to $24,073,58, bqsides 
 the per diem and mileage of members (about $10,000 more), 
 for which certificates were issued by the presiding officers 
 of each house. 
 
 The appropriation bill was vetoed by the Governor, but 
 passed the Council by a vote of 9 to 2, and the House of 
 Representatives by a vote of 19 to 6, and thus became a law. 
 
 Certificates of indebtedness or scrip were issued in pur- 
 suance of an act of the Legislative Assembly approved 
 February 15, 1842. The act provided that the Treasurer of 
 the Territory be authorized and required to issue to the sev- 
 23 
 
354 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 eral creditors whose demands were properly chargeable to 
 the fund appropriated by Congress, drafts or bills for the 
 amounts due them respectively, drawn upon the Secretary 
 of the Territory in denominations of five and ten dollars, or 
 in such amount as might be desired by the creditor, payable 
 to the person to whom issued or bearer and transferable by 
 delivery, for the payment of which the moneys to be there- 
 after appropriated by Congress were pledged. 
 
 In response to a resolution of the Council, the Secretary of 
 the Territory (A. P. Field) submitted a report stating the 
 amount of certificates issued in conformity with the act of 
 the previous session, authorizing the Secretary of the Ter- 
 ritorv to issue certificates of the amounts due to the credi- 
 tors of the Territory bearing ten per cent, interest for the 
 expenses of that session and the unpaid expenses of previ- 
 ous sessions. 
 
 This report showed that the certificates issued by his 
 predecessor (F. J. Dunn) amounted to $33,754.57, of which 
 $28,105.00, were for appropriations of the last session and 
 $5,649.57, for appropriations of previous sessions and that 
 those issued by himself amounted to $2,015.75, all for previ- 
 ous sessions and that the whole amount issued by him and 
 his predecessors was $35,768.32. 
 
 Secretary Field further stated that this amount did not 
 include the whole amount of indebtedness of the Territory 
 on account of appropriations made by previous Legislatures 
 but as far as he could learn there was some $4,000 due for 
 which certificates had not been issued, and he states that 
 the whole may be fairly estimated at $40,000. 
 
 Whenever certificates were issued, a receipt for a cor- 
 responding amount was taken by the Secretary, which re- 
 ceipts upon being forwarded to the proper accounting 
 officers at Washington, served as vouchers showing the dis- 
 bursements of the appropriations made by Congress. The 
 vouchers thus taken and forwarded by Mr. Dunn, amount- 
 ing to $33,754.57, were with the exception of a few items 
 placed to his credit in the first auditor's office. 
 
 But a new difficulty now arose which created great em- 
 barrassment, and a serious injury to the holders of these 
 certificates. Mr. Dunn who had been credited with the 
 vouchers had been removed and Mr. Field had been ap- 
 pointed his successor, and it was months before the Secre- 
 
TERRITORY OF WISCONSIN IN 1843. 355 
 
 taryof the Treasury could or would decide to which of these 
 two officers the appropriation should be paid over. 
 
 In this condition of affairs a resolution was submitted by 
 the delegate calling on the Secretary of the Treasury to re- 
 port to the House of Representatives the causes which had 
 prevented the payment of the appropriation to the Terri- 
 tory. The resolution was adopted, and soon after, in the 
 month of June, the sum of $44,9G3 was paid over to Mr. Sec- 
 retary Field. 
 
 Under the pre-emption act of 1834, a number of settlers 
 on the public lands in the district of lands subject to sale at 
 Mineral Point, who would otherwise have been entitled to 
 enter IGO acres, by pre-emption, were refused the privileges 
 granted by such act in consequence of the mineral charac- 
 ter of the land claimed by them. For the relief of such per- 
 sons an act of Congress was passed August 23, 1842, by 
 virtue of which all such settlers were permitted to enter at 
 the rate of one dollar and twenty-five cents per acre, one 
 complete quarter section of land, of any lands in said dis- 
 trict which had not then been offered at public sale, and 
 which did not contain mines or discoveries of lead ore, and 
 upon which there was no improvement or residence, and 
 which had not been reserved from sale. 
 
 At this session of Congress the following post- routes were 
 established in Wisconsin, viz. : 
 
 From Patch Grove, in Grant county, to Blue River. 
 
 From Fort Winnebago, via Grand Rapids, to Plover Port- 
 age. 
 
 From Delavan, by Darien, to Beloit. 
 
 From Fort Atkinson, by Cold Spring and Whitewater, to 
 Elkhorn. 
 
 From Summit, in Milwaukee county, via Piperville and 
 Watertown, to Washara (or Fox Lake). 
 
 From Southport t'fa Aurora post-office, to Burlington. 
 
 From Madison, by Monroe, to Freeport, Illinois. 
 
 From Milwaukie, via Muskeego, Rochester, and Burling- 
 ton, to Geneva. 
 
 On the 29th of January, 1842, the delegate in Congress 
 (Gen. Dodge) called the attention of the Commissioner of 
 Pensions to the great delay that had occurred in the pay- 
 ment of pensioners in Wisconsin. On the 31st of January 
 
356 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 the Commissioner informed Gen. Dodge that Charles 
 Doty, Esq., of Madison, was appointed agent for paying 
 pensioners on the 28th of December, and that his bond was 
 daily expected, and that as soon as received he would be in- 
 structed to enter on the duties of the office. 
 Governor Dodge immediately replied, stating — 
 
 "I am informed by a gentleman of high respectability now in this city (Washington), that 
 Charles Doty is the son of Governor Doty of Wisconsin, and that he is a minor, not to 
 exceed nineteen years of age. If such is the fact no official bonds he may sign would be 
 binding." 
 
 On the 16th of February Governor Dodge authorized the 
 commissioner to furnish Governor Doty with a copy of the 
 above letter of 1st inst. 
 
 On the 5th of May the commissioner, in a letter to Gov- 
 ernor Dodge, stated — 
 
 "So soon as you informed me that Mr. Charles Doty was under twenty-one years of 
 age, I immediately wrote to him and his father, and on receipt of the answer to my 
 inquiry another agent was appointed. That agent was Mr. Paraclete Potter, Register of 
 the Land Office at Milwaukee. He was appointed on the 31st of March last. His bond as 
 agent may be expected daily." 
 
 The bond of Mr. Potter was received on the 10th of May 
 and his instructions were immediately sent to him with the 
 necessary funds. 
 
 In the recess between the first and second sessions of the 
 third Legislative Assembly some changes occurred in the 
 personnel of both houses. 
 
 In the Council John H. Tweedy of Milwaukee was elected 
 in place of Jonathan E. Arnold, resigned, and Moses M. 
 Strong of Iowa county in place of Levi Sterling, resigned. 
 
 In the House of Eepresentatives Jonathan Eastman was 
 elected from Racine county in place of Reuben H. Deming, 
 resigned. 
 
 James Tripp from Walworth county in place of Hugh 
 Long, resigned, and Thomas Jenkins in Iowa county in 
 place of Francis J. Dunn resigned. 
 
 In the county of Racine Messrs. George Batchelder and 
 Reuben H. Deming resigned their seats and their resigna- 
 tions were received at the executive office in due season. 
 Thomas E. Parmelee resigned his seat by a note addressed 
 twelve days before the election to the board of county com- 
 missioners of Racine county. An election was ordered by 
 proclamation of the governor to fill two vacancies in that 
 county and four persons were voted for. George Batchel- 
 
n 
 
 TERRITORY OF WISCONSIN IN 1840. 357 
 
 DER received 395 votes, Jonathan Eastman 378, Elisha S. 
 Sill 366 and Philo Belden 357. " 
 
 Mr. Parmelee claimed that as his resignation was not 
 acted upon, and no election held to fill the vacancy, he was 
 entitled to retain the seat. 
 
 Mr. Sill contested the right of Mr, Parmelee to the seat 
 and claimed to be entitled to it himself. 
 
 The contest was referred to the committee on privileges 
 and elections which made a majority and minority report. 
 
 The majority reported a resolution that Mr. Parmelee 
 
 " Is not entitled to a seat 'in this House and that the seat now occupied by said Parmelee 
 be declared vacant." 
 
 The report of the minority was that he was entitled to the 
 seaii. 
 
 The resolution having been amended so as to read 
 
 "That Thomas E. Parmelee has resigned his seat in this house, and that thereby said seat 
 became vacant," 
 
 was adopted by a vote 19 to 5, those who voted in the nega- 
 tive being Messrs. Bond, Brunson, Ogden, Parkinson and 
 Whiton. 
 
 In the contest of Theophalus La'Chappelle for the seat 
 occupied by Alfred Brunson at the previous session, the 
 commissioner, Joseph R. Brown, on the second day of this 
 session submitted his report containing the testimony of 
 twenty-two persons. 
 
 The matters in controversy were referred to the committee 
 on privilege and elections, which reported the facts in the 
 case but made no report as to who was entitled to the seat. 
 
 Both parties were heard by very able counsel, the contest- 
 ant being represented by Hon. Alex. P. Field, and the 
 contestee by Hon. Thomas P. Burnett. 
 
 The contest depended largely upon the question whether 
 the testimony taken by the commissioner was taken in ac- 
 cordance with the .resolution of the House, by which the 
 taking of it was authorized. A result was reached on the 
 20th of January, when it was decided by a vote of 13 to 11 
 that Mr. Brunson was not entitled to the seat, and that Mr. 
 La'Chappelle was, who then appeared and took the oath 
 of office as a member. 
 
 But few of the members of either House had been elected 
 with reference to their party affiliations, yet in the organi- 
 zation of both the spirit of party which had distinctly 
 
358 HISTORY OF THE TERRITORY OF WISCONSIN 
 
 marked the election of Delegate in the previous September, 
 dominated in the election of presiding officer. 
 
 Mr. RouNTREE of Grant, a Whig, was on the first day- 
 elected President pro tern, of the Council without oppo- 
 sition, but it was not until the ninth day of the session that 
 the permanent President was elected. Upon a party divi- 
 sion there were seven Whigs and six Democrats. Mr. Roun- 
 TREE was the Whig candidate, but he could not be elected 
 without voting for himself, which he persistently refused 
 to do. The Democrats sometimes voted for one of their 
 number and sometimes for another. They finally proposed 
 to the Whigs to elect one of their number, but for several 
 days the proposition was declined until the twenty-second 
 ballot, when they acceded to it, and James Collins 
 received three Democratic and six Whig votes, M. L. Mar- 
 tin three Democratic votes — Mr. Collins's vote being cast 
 blank — and he was elected. 
 
 George Beatty was re-elected Secretary without opposi- 
 tion. 
 
 In the House of Representatives there were sixteen Dem- 
 ocrats, counting Mr. Parmelee, and ten Whigs. Mr. Ellis 
 was elected Speaker pro tern., after which the Democrats in 
 caucus agreed upon Mr. Newland, who was elected on the 
 first ballot. 
 
 John Catlin was elected Chief Clerk without opposition. 
 
 In the Council on the first day and about the first busi- 
 ness, Mr. Janes of Racine offered a resolution that the 
 standing rules of the last session be adopted. Mr. Strong 
 of Iowa moved to amend so as to exclude the 48th rule, 
 which required executive sessions to be held with closed 
 doors. After some slight opposition the amendment was 
 adopted. 
 
 The Legislative Assembly met on the 6th day of Decem- 
 ber, 1841, but owing to delays in the organization the Gov- 
 ernor was not officially notified until the 9th, and on the 
 10th he met the two houses jointly assembled, and ad- 
 dressed them — 
 
 "Upon such subjects affecting the public good as in his opinion are entitled to the con- 
 sideration of the representatives of the people." 
 
 It Avas the longest paper of that kind which had ever been 
 submitted by any Governor of the Territory. 
 
TERRITORY OF WISCONSIN IN 1842. 359 
 
 It commenced with the expression of the opinion that it 
 was 
 
 " Expedient to adopt measures preparatory to a change in the government of Wisconsin 
 from a Territory to a State," 
 
 and several reasons were given for this opinion. 
 
 The Governor's address deprecated the Territorial debt 
 which had been created by former Legislatures, and was in 
 the shape of bonds or certificates, and he said that it ap- 
 peared to him that the power to create it was not intended 
 to be granted — and was not granted — to the Governor and 
 Assembly. 
 
 "The holders of the bonds," he said, " can have no other remedy than by application to 
 Congress." 
 
 The address said : 
 
 " Excessive legislation is an evil of the greatest magnitude ; and rapid changes in the 
 " laws are injurious to the private rights and to the public interests. ^Ir. Jeffersox said : 
 " ' the instability is really a very serious inconvenience. I think we ought to have obviated 
 " it by deciding that a whole year should always be allowed to elapse between bringing in 
 " a bill and the final passing of it. It should afterwards be discussed and put to the vote 
 " without the possibility of making any alteration in it ; and if the circumstances of the 
 " case required a more speedy decision, the question should not be decided by a simple 
 "majority, but by a majority of atlea^t two-thirds of both Houses.' " 
 
 The Governor expressed the opinion that the provisions of 
 the act organizing the Territory, required the laws to be 
 actually submitted to Congress before they take effect. This 
 opinion had, as will be seen, a very consequential effect 
 upon his administration of the executive dejDartment of the 
 Territorial Government. 
 
 The address disapproved in stroiag language the laws by 
 which monopolies — acts of incorporation granting exclus- 
 ive privileges to certain individuals — "The offspring of the 
 last four years" had been created, and also those incorpora- 
 ting villages. 
 
 Attention was called to the state of the currency, and a 
 question was suggested whether the people of the Territory 
 had been benefited by the destruction of the banks and the 
 introduction of foreign depreciated paper. He thought an 
 effort ought to be made to secure specie and the notes of 
 specie paying banks for a circulating medium, by prohibit- 
 ing the use of depreciated bank paper. A favorable allusion 
 was made to the establishment by Wisconsin 
 
 " Of an institution which may be hereafter created by herself, whose circulation shall be 
 based upon specie, and whose privileges shall be so few and so closelj- guarded that the 
 public interests will be entirely protected. 
 
 The address recommended that to encourage the groivth 
 
360 HISTORY OF THE TEREITORY OF WISCONSIN. 
 
 of ivool, sheep and their fleeces be exemj)t from taxation 
 for a term of years. 
 
 The protection of the business of mining and smelting 
 and of the fur trade were favorably mentioned. 
 
 The improvement of the navigation of the Fox and Wis- 
 consin Rivers was strongly recommended and that of the 
 Rock and Peckatonica when Illinois shall have rendered the 
 Rock navigable from the present boundary to its mouth, 
 and the hope is expressed that appropriations will be ob- 
 tained from Congress to improve the navigation of the 
 Platte and Grant Rivers and the River of the Four Lakes. 
 
 A rail or macadamized road ought, he said, to be con- 
 structed on the most practicable route from Lake Michigan 
 to the Mississippi River, and turnpike or macadamized roads 
 are much required through the timbered as well as some 
 other sections of the Territory. 
 
 Complaint was made of the system of taxation and the 
 opinion was expressed that county officers ought 
 
 " To rendei- such services as are required on behalf of the pubhc without compensation. 
 'That the honor of the office is its reward'." 
 
 A more effective system for the support of common 
 schools was recommended, and the establishment of a high 
 school. 
 
 The militia did not escape consideration 
 
 The address recommended — 
 
 " That the removal of all Indians within oiir limits, except those who are settled as agri- 
 culturists, be urged upon Government as an act of humanity to them, and as the only safe 
 protection which it can give to this frontier.'" 
 
 Complaint was made that the public offices had not been 
 held at the seat of government, and that the public records 
 of the executive department were not at that place. 
 
 The Governor closed with the assurance to the members 
 of both houses that he should — 
 
 " Earnestly endeavor to co-operate with them in aU such measures as may be proposed 
 by them to correct the evils of government, to secure the civil and political rights of indi- 
 viduals, to strengthen the foundations of society, or to render more permanent the institu- 
 tions of freedom." 
 
 The question of the expediency of forming a State govern- 
 ment was one that occupied the attention of the inhabitants 
 of the Territory for six years or more previous to the admis- 
 sion of the State into the Union. The year 1842 was not 
 an exception, although the population had not reached fifty 
 thousand, while sixty thousand was the minimum number 
 
TERRITORY OF WISCONSIN IN 1842. 361 
 
 which, under the ordinance of 1787, entitled the "fifth 
 State" to a place in the Union of States. 
 
 During the administration of Gov. Doty the interest of 
 the people in the question was intensified and extended 
 over the northern portion of Illinois, by the aggressive ef- 
 forts of the Governor to unite the " free inhabitants" of the 
 district west of Lake Michigan and north of an east and 
 west line running through its southern bend, in the forma- 
 tion of the " fifth State" contemplated by that ordinance. 
 
 So much of the Governors address to the two Houses as 
 related to the formation of a State government was referred 
 to a committee in each House. 
 
 In the Council, Mr. Upham, from the committee on Terri- 
 torial affairs (consisting of Messrs. Upham, Maktin and 
 Beigham) submitted a report on the 8th of February. It said: 
 
 "The right of forming a State governmeut with that Territory (northern Illinois) when 
 the population amounts to sixty thousand or upwards, and claiming an admission into the 
 Union under the Ordinance of 1787, is one question, the expediency of doing it is another." 
 
 The committee had little difficulty in coming to the con- 
 clusion that the inhabitants of the "fifth state" had the right 
 to adopt the east and west line running through the south- 
 ern bend of Lake Michigan and form a state north of it, and 
 west of the Lake and demand its admission into the Union 
 with that boundary, provided it contained sixty thousand 
 free inhabitants. 
 
 Upon the question of expediency, the committee expressed 
 no opinion, but proposed that the people of Wisconsin should 
 decide it. For that purpose they reported a bill providing 
 for referring the question of forming a State government to 
 the people at the next general election, and also a resolution 
 recommending to the people of the territory under the juris- 
 diction of Illinois, to hold an election at the same time on 
 the question of uniting with us in forming a State govern- 
 ment. 
 
 In the House of Representatives, Hon. A. G. Ellis from 
 the committee on Territorial Affairs to which the same sub- 
 jects had been referred, submitted a report on the 11th of 
 January. 
 
 The report was very pronounced in opposition to the form- 
 ation of a State government, as also to embracing the "dis- 
 puted territory;" and submitted the following resolutions: 
 
 "That the time has not arrived when it is expedient to adopt measures preparatory to a 
 change in the form of government of Wisconsin. 
 
362 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 "That our present Territorial Government is suited to our condition; that we ought to 
 adhere to it till we have population sufficient in our present limits to entitle us to one rep- 
 resentative on the floor of Congress. 
 
 "That the question of annexation of that part of the State of Illinois generally known as 
 the 'disputed tracf to this Territory, ought not to be submitted to and settled by the vote of 
 the inhabitants of that tract alone, but should be decided only with the advice and consent 
 of the people of Wisconsin." 
 
 "That such annexation ought never to be made until the tract is discharged from its 
 share of the public debt, as a part of the State of Illinois, nor until the population of Wis- 
 consin shall be equal to that of said tract." 
 
 The bill and resolution reported in the Council were both 
 passed by that body and sent to the House of Representa- 
 tives, where they were laid on the table and no attempt 
 was afterwards made to take them up for consideration. 
 
 The resolutions reported in the Hou.?e were never taken 
 up or considered by that body, and no act or resolution on 
 the subject met with the concurrent action of both branches 
 of the Legislative Assembly. 
 
 On the 19th of February a meeting of the citizens of 
 Stephenson county, Illinois, was held at Freeport, at which 
 resolutions were adopted asserting the right of the inhabi- 
 tants of the Territory west of Lake Michigan and north of 
 an east and west line through its southern bend, to become 
 the "Fifth State," under the ordinance of '87, and that an 
 election be held on the 5th day of March, in the several elec- 
 tion precincts in that county, for or against the organiza- 
 tion of such state. Judges of election were also appointed 
 by the meeting for each precinct. 
 
 The elections were held and 570 votes were cast, of which 
 all but one were in favor of the proposed State government. 
 
 On the 28th of June, Governor Doty addressed to the 
 Governor of Illinois an official letter, calling his attention 
 to the fact that the commissioners appointed to locate the 
 lands granted by the United States to the State of Illinois, 
 had made the principal part of their selections, in the " dis- 
 puted territory," and protesting against such selections, 
 
 " Because they are within the limits of the fifth of the Northwestern States, established 
 by the Ordinance of 1787, and not, therefore, within the constitutional boundaries of the 
 state of Illinois." 
 
 la concluding this protest Governor Doty said : 
 
 " I cannot but remark the impropriety of permitting Illinois to become so extensive a 
 landholder within a district which it is believed does not belong to her, and over which she 
 can only be regarded as exercising accidentally and temporarily her jurisdiction." 
 
 At the August (general) election held in Boon county, 
 where 496 votes were cast, a voluntary election was held for 
 
TERRITOEY OF WISCONSIN IN 1842. 
 
 363 
 
 or against being attached to Wisconsin, when there were 485 
 in favor of it, and 11 not voting. 
 
 On the 13th of August, Gov. Doty issued and had exten- 
 sively pubhshed, a proclamation, under the Great Seal of 
 the Territory, reciting that whereas, it was the opinion of 
 many citizens that the Ordinance of 1787 and subsequent 
 acts of Congress, guarantee to tlie people west of Lake 
 Michigan and north of the line west from its southern bend, 
 the right to form a permanent constitution and government ; 
 and whereas, it was desirable that it should be known 
 whether it is the wish of the people to form such constitu- 
 tion : Therefore, it was recommended to the said " free 
 inhabitants " that they do each, on the 4tli Monday of Septem- 
 ber, vote "yea" or "nay," as the vote may be in favor of or 
 against ihe formation of a permanent government for the 
 State of Wiskonsan^ Provision was made in the proclama- 
 tion for the return and canvassing the votes. 
 
 Only nine of the twenty counties then organized made 
 any returns of elections under the proclamation. 
 
 These are here tabulated, showing that less than twenty- 
 five hundred of the "free inhabitants " paid any attention 
 to the proclamation, of which more than three fourths were 
 against the formation of a State government. 
 
 Counties. 
 
 For. 
 
 Against. 
 
 Dane and Sauk 
 
 43 
 1 
 
 98 
 98- 
 79 
 95 
 130 
 
 ro 
 
 44 
 
 Fond du Lac 
 
 47 
 
 Green 
 
 15 
 
 Iowa 
 
 010 
 
 .Tefferson . 
 
 05 
 
 Jlilwaukee 
 
 634 
 
 Racine 
 
 206 
 
 Rock 
 
 193 
 
 Shebovean 
 
 29 
 
 
 
 019 
 
 
 Total 
 
 1,813 
 
 
 On the 14th of January a resolution was adopted by the 
 House of Representatives requesting the delegate in Con- 
 gress to ascertain what progress had been made in the sur- 
 vey of the boundary between the State of jMichigan and 
 Wisconsin, and to obtain copies of the reports of the officer 
 in charge of that work. 
 
364 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 On the 16th of February, near the close of the session, 
 the Governor sent a special message to the Legislative As- 
 sembly in which he said : 
 
 " It is ascertained that a part of the western boundary of the State of Michigan as pre- 
 scribed by the act of Congress of the 15tli of June, 1836, is an impracticable line, there 
 being no such natural boundary as is therein described. The Lake of the Desert does not 
 discharge its waters into the Montreal River. 
 
 It having, therefore, become necessary to designate a new line, I avail myself of the 
 occasion to present the subject to the notice of the Assembly, that such measures as are 
 proper may be adopted to procure the recognition by the government of the United 
 states of the boundary which was established between Michigan and Wisconsin 
 in 1805." 
 
 The message was referred to the committee on Territorial 
 affairs which reported resolutions concurring with the Gov- 
 ernor, stating that the 
 
 " New line" ought to be " a line drawn through the middle of Lake Michigan to its north- 
 ern extremity." 
 
 And protesting against any other boundary, and that our 
 delegate in Congress be requested to use his influence to 
 procure the establishment of such a boundary. 
 
 The resolutions were adopted without a division. 
 
 The several parts of the Governor's address were referred 
 in each House to appropriate committees. 
 
 Among other resolutions adopted by the House was this: 
 
 " That so much of the message of the Governor as relates to excessive legislation, and 
 what Mr. Jefferson said, be referred to the committee on the judiciary." 
 
 The committee consisted of Messrs. Whjton, Dewey, Bar- 
 ber, Ellis, and Parkinson. 
 
 Mr. Whiton, chairman of the committee, made the fol- 
 lowing report : 
 
 " The committee on the judiciary, to whom was referred so much of the message of his 
 Excellency, the Governor, as relates to excessive legislation, and what Mr. Jefferson said, 
 report : That they fully concur with the Governor in the opinion that excessive legisla- 
 tion is a great evil, and that rapid changes in the laws are injurious to private rights and 
 to public interests. But as the Governor has recommended no specific measures in rela- 
 tion to the subject, unless it be the one which seems to have received the approbation of 
 Mr. Jefferson, the committee would confine their observations to the one which that 
 great statesman deemed a salutary one. 
 
 "The committee are of the opinion that the measure recommended, however proper in 
 older states, where great changes in the condition of the people seldom take place, would 
 be found very inconvenient and indeed almost impracticable in a community as new as 
 ours, where the population increases with such great rapidity, where wealth is accumu- 
 lated with so much facility by almost every class of society, and where consequently great 
 changes are constantly occurring. Where these changes take place new interests are con- 
 sequently springing up which require the speedy attention of the Legislature, and if a year 
 
TERRITORY OF WISCONSIN IN 1843. 365 
 
 was allowed to elapse between the bringing in of a bill and the flnal palling of it, great in- 
 jury might result. Nor do the committee think it would be politic or proper to require a 
 majority of two-thirds to pass a law. They have arrived at the conclusion that suffleient 
 checks now exist to prevent hasty legislation. The Territory has a Legislature consisting 
 of three branches, one of which is not chosen or appointed by the people of the Territory. 
 
 "If all these branches concur in passing a law, it afterwards is subject to be negatived by 
 Congress and becomes null and void, and acts incorporating banks do not take effect until 
 approved by Congress. It is true that two-thirds of both houses can pass an act without 
 the assent of the Governor, but the negative of Congress is absolute. If Congress had 
 no power to negative our acts it might be well to require a majority of two-thirds to pass 
 acts creating corporations, especially banking institutions, as is required in the State of 
 New York, but as the Territory is now situated in relation to laws passed by its Legislatm-e, 
 we think the requirement unnecessary. The committee entertain in common with all 
 classes in society, a very great respect for the opinions which Mr. Jefferson expressed on 
 all subjects connected with government, but cannot bring themselves to the conclusion 
 that they ought in this jDarticular instance to govern us in our legislative action. The evil 
 complained of must be corrected by the Legislature taking care to pass no laws which will 
 not subserve the interests of the people." 
 
 In the Council, so much of the Governor's address as re- 
 lates to banks and other incorporations was referred to the 
 committee on incorporations, which consisted of Messrs. 
 Strong, Learned and Brigham. 
 
 Mr. Strong, chairman of that committee, submitted a re- 
 port, in which after expressing the concurrence of the com- 
 mittee in the opinions expressed by the Governor in relation 
 to monopolies, says: 
 
 "They are, however, of the opinion that these corporations, which have yielded the bit- 
 terest "fruit for the people,' are not the 'offspring' of the last four years," 
 
 and that the Bank of Wisconsin chartered seven years ago, 
 and the Bank of Mineral Point chartered five years ago, 
 pre-eminently demand the attention of the Legislature, and 
 that these acts appear as clearly as any others "to have 
 been granted to favor particular persons," and that ''They 
 are incorporations to aid speculation." 
 
 The committee did not concur with the Governor in the 
 idea which he seemed to convey, that the banks had been 
 destroyed by the Legislature, but conceived that "They had 
 destroyed themselves." 
 
 The report further says : 
 
 "Your committee entertain no doubt but that the Legislature possesses the power to 
 prohibit the circulation, and the buying and selling of depreciated bank paper, within the 
 limits of the Territory, and that, too, without placing them, as the Governor does, on the 
 footing of counterfeit notes; but the experience of other States, which have made the ex- 
 periment, admonishes them, that a law, having that for the object, would never be carried 
 into practical operation ; that it would remain a dead letter upon our statute-book ; or at 
 best serve but as an instrument in the haqds of the malicious, to injure or annoy their 
 
366 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 more honest and undesigning neighbors, and they are therefore of the opinion that such a 
 law would be unwise and imi^olitic. The other suggestion in relation to ' an institution to 
 be hereafter created ■■ your committee conceive (if it is a recommendation of any tiling) 
 is a recommendation for the incorporation of another bauk, and the committee cannot per- 
 ceive why it is not justly open to the same objections which the Governor has so forcibly 
 and clearly pointed out as existing against monopolies generally; and — applying the 
 language of tlie Governor to such an institution — the committee conceive it would be an 
 incorporation ' giauting exclusive privileges to certain individuals'; 'that it would justly 
 excite alarm in the minds of all men who are friendly to equal rights, and to the establish- 
 ment of all such institutions as are most favorable to Democracy ' ; that it would be a com- 
 bination of 'political power and wealth,' a ' petty aristocracy'; the offspring of the year that 
 brought it forth; and in whatever neighborhood it might be planted, althoujjh it ' might now 
 give temporary benefits to a few individuals, we may expect the time will soon arrive when 
 it would yield only bitter fruit for the people ' ; it would be an ' incorporation to aid specu- 
 lation.' Your committee cannot, therefore, recommend the passage of such an act of 
 incorporation." 
 
 In the House the committee on mining and smelting, to 
 which was referred by resolution that part of the Governor's 
 message relating to the duties on lead, by Mr. Jenkins, the 
 chairman, reported : 
 
 " That thej' have in vain examined the message of His Excellency, for the piu-pose of 
 finding any portion having any particular bearing upon the subject submitted, and that 
 they are unable to make a report based upon any recommendation in fhe message . 
 
 '■ The Governor has not in any manner, at least in a direct way, alluded to the particu- 
 lar interests of the miner and smelter of the Territory. Although, in general terms, he 
 has stated what everybody knows, viz.: 'That the protection of the business of mining 
 and smelting lead ore, which has heretofore been afforded by the United States, by the 
 duty on lead, has enabled the miners of Wisconsin to supply chiefly the consumi^tion of 
 the United States,' etc. Yet, there he leaves the matter, so far as the interests of the 
 miniiig portions of the Territory are concerned, without any specific recommendation or 
 expression of opinion, and concludes his only paragraph on the subject by paying a high 
 compliment to the Boston merchants, which exhibits more solicitude on the part of the ex- 
 ecutive for the enterprise of the 'enterprising merchants' of the city alluded to, than for 
 the interests of the enterprising miners and smelters of his own Territory, whose claims 
 upon his attention were certainly greater than those of any foreign class." 
 
 A reference was made in both Houses to so much of the 
 Governor's address as relates to the prosecution of the in- 
 land trade, the Milwaukee and Rock River canal, the im- 
 provement of rivers, the construction of rail, turnj)ike and 
 McAdamized roads. 
 
 Able reports upon these subjects were made in both 
 Houses. So much of these reports as relates to the canal 
 and cognate matters will be considered in a future chapter 
 devoted to that particular subject. 
 
 The substance of the reports in both houses is contained 
 in the report of the committee on Internal Improvements in 
 
TERRITORY OF WISCONSIN IN 1842. 367 
 
 the Council, which consisted of Messrs. Tweedy, Janes and 
 Beigham. 
 
 The report of this committee submitted by Mr. Tweedy 
 its chairman, stated in reference to a raih'oad from the Mis- 
 sissippi river to Lake Michigan, that: 
 
 "Measures designed to cany into effi'ct these recommendations were some time since 
 presented for the action of the Council." 
 
 The only measure, however, which was adopted by the 
 legislature, in this report was a joint resolution 
 
 '"That the Congress of the United States be lu-gently requested to make an appropriation 
 of ten thousand dollars, to be expended under the direction of the TeiTitorial engineer for 
 the survey of a railroad from Potosi in Grant county on the Mississippi river to Lake 
 Michigan, to form a part of the chain of iuteiual improvements, from the Atlantic to the 
 Mississipjii river." 
 
 Congress did not respond to the "urgent request" and no 
 appropriation for that purpose was made. The report con- 
 tinues: 
 
 "The improvement of the Rock and Peckatonica rivers and of the river of the Four 
 Lakes has from year to year engaged the attention of the legislature, and been recom- 
 mended to the favor of Congress. 
 
 It is believed that further action on this subject is not advisable at the present session of 
 the Legislative Assembly. 
 
 Your committee coucm* in opinion with His Excellency that turnpike and McAdamized 
 roads are much required through the timbered and other sections of the Territory. They 
 do not conceive, however, that any company should be incorporated or that taxes in any of 
 the several counties should be appropriated by law, for the prosecution of such improve- 
 ments in any case, until such legislative aid is demanded by the people of the districts 
 which will be affected thereby." 
 
 Mr. Whiton, from the judiciary committee of the House, 
 to which that part of the message of the Governor was re- 
 ferred relative to taxes and tax titles, submitted a very able 
 a,nd lucid report, such as might have been expected from 
 the pen of that great jurist. 
 
 After demonstrating that every government possesses the 
 power of determining what property shall be taxed and 
 what shall be exempt, and that a wise exercise of that 
 power is expedient and just, the report proceeds at consid- 
 erable length, to consider the objections of the Governor to 
 the system of taxation then in existence in the Territory. 
 These objections, the report said, appeared to be five in 
 number. 
 
 First. That the taxes are too high. 
 
 Second. That property is exempt from taxation which 
 ought not to be. 
 
 Third. That the taxes are illegal. 
 
368 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 Fourth. That the land upon which taxes are assessed and 
 not paid is sold; and 
 
 Fifth. That the law which limits the right of bringing an 
 action to recover back land sold for taxes to three years is 
 wrong. 
 
 The refutation of all these objections is so complete that 
 no abbreviation of it could do it justice, and only a refer- 
 ence to it in the journal of the House of that session (page 
 133) can be made. 
 
 The removal of the Indians from Wisconsin, recom- 
 mended by the Governor, received the favorable considera- 
 tion of the Legislative Assembly by the adoption of joint 
 resolutions, that the delegate in Congress be requested to 
 urge upon the general government the necessity of freeing 
 the Territory from the Indian population within her limits, 
 and their permanent location in a district of country west 
 of the Mississippi, to which the white settlements shall not 
 extend and where the energies of the government maj^ be 
 directed to the improvement of their condition. 
 
 So much of the Governor's address as relates to schools 
 and to the University was referred in the House to the com- 
 mittee on schools, and the Rev. Alfred Bronson, chairman 
 of that committee, before the adoption of a resolution that 
 he was not entitled to a seat, made very elaborate reports 
 accompanied by two bills, one in relation to schools, the 
 other in relation to the University. 
 
 The first after being emasculated so as to limit its opera- 
 tion to the protection of school lands was passed into a law 
 and the other was indefinitely postponed in the House. 
 
 Acts were passed to incorporate academies at Platteville 
 and at Delavan. 
 
 The subjects of exempting sheep and their fieeces from 
 taxation for the purpose of encouraging the growth of ivool, 
 the fur trade and the holding of public offices away from 
 the seat of government, brought to the attention of the 
 Legislative Assembly by the Governor, did not make a fav- 
 orable impression upon either house, and were not even 
 considered by either. 
 
 One of the most important subjects which demanded leg- 
 islative action, appears to have entirely escaped the atten- 
 tion of the Governor and was not referred to in his address. 
 
TERRITORY OF WISCONSIN IN 1842. 
 
 3G9 
 
 This was a new apportionmpnt of members for the fourth 
 Legiskxtive Assembly. 
 
 A resohition was adopted by the Council that a select com- 
 mittee be appointed on apportionment. The committee 
 consisted of Alessrs. Tweedy, Brigham and Strong. 
 
 Mr. Tweedy in behalf of the committee submitted a re- 
 port which stated that several bases had been suggested, 
 (1) The votes cast at the late general election in the several 
 districts. (2) A conjectural estimate of the increase of pop- 
 ulation. (;5) A new census to be ordered to be taken during 
 the ensuing summer, (i) The census of 1840. Of these 
 several bases, they say: 
 
 " The two first mentioned are liable to numerous fatal objections too obvious to require 
 notice. 
 
 " A new census would furnish the true basis. But the expense attending the enumera- 
 tion of the inhabitants, and of an extra session of the Legislature presents an objection 
 of policy, which in the opinion of your committee, sliould deter the Legislature from pro- 
 viding for another census at the present time. 
 
 "Tills objection may be avoided in part by authorizing the Governor to make an ap- 
 portionment upon the basis of a census to be taken, upon principles to be prescribed by 
 law." 
 
 The committee, therefore, adopted the fourth of the above 
 bases — the census of ] 840. 
 
 Having decided that the existing arrangement of the 
 election districts should not be disturbed they reported a 
 bill with the folloAving apportionment : 
 
 Names of Election Districts. 
 
 Milwaukee and Washington counties 
 
 Grant county 
 
 Iowa county 
 
 Rock and Walworth counties 
 
 Crawford and St. Croix counties 
 
 Green, Daiu', JclTcrsoii, IHnlge, and Saulc counties 
 
 Brown county and counties attached, including Portage. 
 Racine county 
 
 Totals 
 
 a 
 
 "bS 
 
 o 
 
 B 
 
 O +3 
 
 o 
 o 
 
 a 
 
 «M 
 
 "-• <u 
 
 o 
 
 O M 
 
 
 
 
 w t. 
 
 B 
 
 is 
 
 r^ 
 
 r^ 
 
 Q 
 
 6 
 
 .> 
 
 3 
 
 .1 
 
 3 
 
 O 
 
 4 
 
 1 
 
 O 
 
 1 
 
 •> 
 
 1 
 
 4 
 
 
 
 
 
 13 
 
 20 
 
 24 
 
370 
 
 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 Subsequently Mr. Bullen, on leave, introduced a bill to 
 provide for the taking of the census of the inhabitants, and 
 to authorize the Governor to apportion the members of the 
 Council and House of Eepresentatives. After much discus- 
 sion, the bill reported by the select committee was laid on 
 the table, and the bill introduced by Mr. Bullen was passed. 
 In the House it was at first negatived, and afterward recon- 
 sidered and passed. 
 
 The law as passed provided for an enumeration of the in- 
 habitants of the Territory, omitting Indians not citizens and 
 officers and soldiers of the army. It was to commence on 
 the first day of June and be completed in fifty days, by the 
 sheriffs and their deputies. The returns were to be made in 
 duplicate to the Register of Deeds and Secretary of the Ter- 
 ritory. The Secretary was to make and file an abstract of 
 the returns and furnish the Governor with a copy of it. 
 
 The Governor was then to make an apportionment of 
 the members of the Council and House of Representatives 
 among the several election districts, in a mode particularly 
 prescribed by the act; and at least thirty days preceding the 
 annual election to be held in September (fourth Monday), he 
 was to make proclamation declaring the apportionment 
 made under the act. 
 
 The number of inhabitants in each county and the appor- 
 tionment is shown in the following table : 
 
 
 5a 
 
 1.2 
 
 "3 
 a 
 
 6 
 ta 
 
 § 
 
 Name of Counties. 
 
 a 
 
 C to 
 
 1 fl 
 
 «3 
 
 OS 
 
 
 
 
 <v 
 
 Oi 
 
 
 O M 
 
 O a) 
 
 ^ 
 
 Xi 
 
 
 -M 
 
 
 
 a 
 
 
 o § 
 
 O d 
 
 0) 
 
 s. 
 
 
 ^*^ 
 
 !^- 
 
 »=i 
 
 F=> 
 
 
 9,565 
 965 
 
 
 
 
 
 10,530 
 6,318 
 
 3 
 2 
 
 6 
 
 
 
 "Racinp 
 
 6,318 
 
 3 
 
 
 
 Brown 
 
 2,146 
 143 
 
 
 
 
 
 TVTflvnnftf.f* 
 
 59 
 
 
 
 
 Sheboygan 
 
 231 
 
 
 
 
 
 
 
 
 2C3 
 
 
 
 
 Oflliimph *•■ 
 
 407 
 
 
 
 
 *Pr»nfl fill Tjflf* 
 
 295 
 
 
 
 
 Portage 
 
 646 
 
 4,180 
 
 1 
 
 3 
 
 
 
 
 
 
TERRITORY OF WISCONSIN IN 1842. 
 
 371 
 
 Name of Counties. 
 
 2 '*' 
 
 03 = 
 
 c 5 
 
 1— 1 'X 
 1— 1 
 
 '3 
 
 53 
 2 
 
 ® 
 
 3 
 O 
 
 CO 
 
 3 
 .o 
 
 53 
 
 ■\Valworth 
 
 Rock 
 
 4,G18 
 
 2.S67 
 
 7,485 
 
 4 
 
 
 
 Dane 
 
 776 
 1..594 
 
 1,038 
 239 
 303 
 
 
 Green . 
 
 
 
 
 Jefferson 
 
 
 
 
 Dodge 
 
 
 
 
 Sauk 
 
 4,.550 
 5 029 
 5,937 
 
 
 
 
 1 
 1 
 
 a 
 1 
 
 
 Iowa 
 
 5,029 
 
 3 
 
 
 
 Grant 
 
 5,9.37 
 
 3 
 
 
 
 Crawford 
 
 1,449 
 1.200 
 
 3 
 
 St Croix (estimated) ... 
 
 2. 6 '.9 
 
 1 
 
 
 
 Totals 
 
 46,078 
 
 46,678 
 
 
 
 
 
 At this session the county of Richland was formed out of 
 the county of Crawford and attached temporarily to the 
 county of Iowa. 
 
 The counties of Calumet and Winnebago were organized 
 for all purposes of county government. 
 
 It appeared from the report of a committee appointed to 
 examine the returns that the counties in which a majority 
 of the votes cast on the question were in favor of the act, 
 approved February 18, 1841, 
 
 " For the government of the several towns in this Territory and for the revision of 
 county government," 
 
 were Jefferson, Milwaukee, Walworth, Racine, Fond du 
 Lac, Rock, Crawford and Brown ; in Green and Iowa coun- 
 ties the majorities were against the act ; and from the 
 counties of Dane, Sauk, Portage, Dodge, St. Croix, Sheboy- 
 gan, Manitowoc, Washington and Grant, no returns were 
 received. 
 
 An act was passed in 1812, declaring that said act 
 had been adopted by the people of the counties of Milwau- 
 kee, Racine, Walworth, Rock, Jefferson, Brown and Fond 
 du Lac, and should be in force in those counties on the first 
 Tuesday of April next ; and its taking effect in all other 
 
372 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 counties in which it had been adopted should be postponed 
 to the first Tuesday of April, 1843. 
 
 A number of towns were organized by act of the Legisla- 
 tive Assembly at this session : Wheatland, Paris, Mount 
 Pleasant, Yorkville and Caledonia, in Racine county ; Fond 
 du lac, Calumet and Waupun, in the county of Fond du 
 Lac ; Warren, in Milwaukee county ; Clinton, Beloit, Rock, 
 Union, Center, Janesville and Milton in the county of Rock, 
 and the name of the town of Finch in Jefferson county was 
 changed to Koshkonong. 
 
 Four acts were passed at this session to amend acts of 
 previous legislatures, incorporating villages, each of which 
 was vetoed by the Governor, and passed by a majority of 
 two thirds of each House, notwithstanding the objections 
 of the Governor, One of these vetoes is a fair sample of all 
 and is as follows : 
 
 "I consider tha original charter to have been passed without authority, and that it con- 
 tains provisions which are in violation of the act of Congress establishing the Territorial 
 governmeat of Wisconsin. 
 
 " All laws passed in this Territory must, according to the requirement of that act, be 
 submitted to Congress. If the Legislature had the power to create this corporation, it 
 could not confer upon the corporation greater powers than itself possessed, nor authority 
 to exercise them in a manner different from that prescribed for the Legislature by the act 
 of Congress. 
 
 " The provisions of this bill, in my opinion, conflict with those of the act of Congress, 
 and I must, therefore, decline signing it. J. D. Doty." 
 
 The act amending the charter of Southport was passed 
 over the veto by a vote of 9 to 1 in the Council and 21 to 
 in the House (unanimous). 
 
 That to amend the charter of Racine by a vote of 9 to 2 
 in the Council and 23 to 2 in the House. 
 
 That to amend the charter of Milwaukee by a vote of 9 
 to 1 in the Council and 23 to 1 in the House. 
 
 That to amend the charter of Green Bay by a vote of 9 to 
 1 in the Council and 24: to in the House. 
 
 Two other acts were passed over the Governor's veto: 
 
 One was an act to incorporate the Janesville Bridge Com- 
 pany, which passed the Council by a vote of 9 to 2 and the 
 House unanimously — ayes 25, noes 0. 
 
 The other was " An act to provide for the payment of the 
 expenses of the Legislative Assembly " (Session Laws, p. 85). 
 
 This passed the Council, notwithstanding the veto, by a 
 vote of 9 to 2, and the House by a vote of 19 to G. 
 
TERRITORY OF WISCONSIN IN 1842. 373 
 
 An act of great importance to the inhabitants of Fond du 
 Lac was passed at this session. In ISTovember, 1835, at Green 
 Bay, a number of persons voluntarily associated themselves 
 together under the name of tlie '"Fond du Lac" company, and 
 purchased about two thousand acres of land embracing the 
 area of the present city of Fond du Lac. The company laid 
 out a town into lots and blocks and sold numerous lots, the 
 conveyances being executed by the president of the com- 
 pany. 
 
 The act set forth at length the "articles of association" and 
 recited that "ichereas doubts are entertained of the legality 
 of such conveyance, and also as to the nature and degree of 
 the estate which the members of an incorporated joint 
 stock company may have therein; Therefore, for the purpose 
 of perfecting the title of purchasers and to prevent difficulty 
 and litigation in relation thereto, it was enacted that the 
 stockholders of said association should be an incorporation 
 with all appropriate corporate powers. 
 
 An act was passed to repeal the act of December 2d, 1836, 
 "to incorporate the stockholders of the Bank of Mineral 
 Point." 
 
 On the 10th of January, Alex. Mitchell, secretary of the 
 Wisconsin Marine and Fire Insurance Company, in response 
 to a resolution of the Council, submitted a statement sworn 
 to by him, showing the financial condition of that corpo- 
 ration. 
 
 The statement gave the assets at $299,893.31 and the lia- 
 bilities, exclusive of capital stock, at $75,418.31 of which 
 634,028, were one, three and five dollar evidences of debt 
 issued and outstanding (currency). 
 
 At the fall term of the Circuit Court for Brown county, 
 held by Judge Miller, in a proceeding commenced by the 
 Attorney General, the charter of the Bank of Wisconsin 
 was vacated. 
 
 The provisions of the act of February 19, 1841, "to incor- 
 porate the Western Mutual Fire Insurance Company, at 
 Prairie du Chien and the Howard Fire Insurance Company 
 of Brown county," not having been complied with, another 
 act was passed declaring that said act was revived and con- 
 tinued in force. 
 
 Divorces were for the first time in the history of Wiscon- 
 sin legislation refused to be granted. 
 
374 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 A brief but important act in the interest of humanity was 
 passed in these words : 
 
 " That so much of any law of this Territory as authorizes the issuing an execution 
 against the body of the defendant, in any civil cause, excepting in action of trespass or 
 tort, is hereby repealed." 
 
 An act was passed "to incorporate the Fox River Im- 
 provement Company." 
 
 The following special acts were passed authorizing the 
 building and maintaining of dams. 
 
 By Asa Clark, at the outlet of Pewaukee Lake. 
 
 By D. G. Kendall and Gilmore Kendall and their asso- 
 ciates, across the Rock River, in sections two and eleven in 
 town six, range fourteen, in Jefferson county. 
 
 By Oliver C. Hubbard and his associates, across the 
 Manitowoc River, on section twenty-three, town nineteen, 
 range twenty-three, in Manitowoc county. 
 
 By Lucius I. Barber and Enoch G. Darling and their 
 associates across Rock River, on section eleven, town six, 
 range fourteen, in Jefferson county. 
 
 By George Lurwick and his associates, across the Oconto 
 River, on section twenty-four, town twenty-eight, range 
 twenty-one. 
 
 Special acts were passed authorizing the kec^ping and 
 maintaining two ferries : 
 
 One by Webster Stanley, across Fox River, on section 
 twenty-three, town eigteen, range sixteen east — the site of 
 the present city of Oshkosh. 
 
 The other by Christopher Carr, across the Mississippi 
 River, within the military reserve of Fort Snelling, about one 
 mile above the mouth of St. Peters River. This ferry site is 
 now in the State of Minnesota. 
 
 Besides the act to incorporate the Janesville Bridge Com- 
 pany, passed over the Governor's veto, two acts for the erec- 
 tion of bridges v/ere passed and approved by the Governor ; 
 one to incorporate the Beloit and Rock River Bridge Com- 
 pany, and " an act to authorize James H. Rogers and others 
 to construct, at their own expense, a free floating bridge 
 across the Milwaukee River." 
 
 The annual demand for the appointment by law of com- 
 missioners to locate Territorial roads, existed in an undi- 
 minished degree, and the location of the following Territo- 
 rial roads was provided for : 
 
TERRITORY OF WISCONSIN IN 1843. 375 
 
 From Mineral Point to Milwaukee. 
 
 From Menomonee Mills, in Crawford county, to Dacotah, 
 in St. Croix county. 
 
 From Eock Eiver, in section 24, town 11, range 15, by Clos- 
 son's settlement, in Dodge county, to Dickason's Mills, in 
 Portage county. 
 
 From Prairie Village, in Milwaukee county, to Fort At- 
 kinson, in Jefferson county. 
 
 From Fond du Lac to intersect Territorial road from De- 
 pere to Knapp's Ferry, crossing Fox River at or near Osh- 
 kosh. 
 
 From the Wisconsin River, opposite Helena, to the Dells 
 of the Wisconsin River. 
 
 From the Fox River, opposite Green Bay, to the Wiscon- 
 sin River between Plover Portage and Big Bull Falls. 
 
 From Beloit, in Rock county, to Monroe, in Green county. 
 
 From Platteville, in Grant county, via New^ Diggings and 
 White Oak Springs, in Iowa county, and thence to the State 
 line. 
 
 From Belmont, in Iowa county, to a point on the Missis- 
 sippi River in Grant county, opposite Dubuque. 
 
 From Sauk Prairie, in Sauk county, via Arena and Hicox's 
 Mills, to the military road. 
 
 From Watertown, in Dodge county, to Vf ashara, in Dodge 
 county. 
 
 From Whitewater, in Walworth county, to Monroe, in 
 Green county. 
 
 From Prairie du Sauk, in Sauk county, via Helena and 
 Hicox's Mills, to the military road. 
 
 On the assembling of the Legislative Assembly an accri- 
 monious controversy was in existence as to who was lawful 
 Treasurer of the Territory. The matter was investigated 
 by a committee of the House of Representatives, with 
 power to send for persons and papers and examine witnesses 
 on oath, from whose report the following facts appear: 
 
 That on the 17th of December, 1839, Robert L. Reaji was 
 duly appointed Treasurer for the term of two years, and 
 that under the law he would hold his office until his succes- 
 sor was lawfully appointed. 
 
 The office being created by the laws of the Territory, the 
 incumbent was not subject to removal by the Governor. 
 
 That on the 3d of September, 1841, Gov. Doty, assuming 
 
376 HISTORY OF THE TEERITOEY OF WISCONSIN. 
 
 that the office was vacant for the alleged reason that Mr. 
 Ream had not filed his official bond, appointed James Mor- 
 rison treasurer. 
 
 That, in fact, Mr. R:^:am executed his official bond, which 
 was approved by the Governor on the 6th of January, 1840, 
 and took the oath of office, and performed all that the law 
 required to constitute him the legal Treasurer. 
 
 That after the appointment of Mr. Morrison, Mr. Ream 
 refused to surrender the official books and papers in his 
 possession, and continued such refusal after two years from 
 the date of his appointment, claiming that his successor had 
 not been legally appointed. 
 
 Mr. Morrison was afterwards nominated by the Gov- 
 ernor, and the nomination was confirmed on the 24th of 
 January, 1842. 
 
 The principal importance of this controversy was the 
 possession of the funds of the Territory, and particularly 
 the sum of $1,758.28 which had been paid into the treasury 
 of the United States by J. D. Doty as treasurer of the com- 
 missioner of public buildings, which he claimed to be the 
 balance in his hands of the funds received by him from the 
 United States of the $40,000 appropriated by Congress for 
 the public buildings. 
 
 This sum was received by Mr. Morrison about the 1st of 
 January, 1840, and under the law was applicable alone to 
 payments for the completion of the Capitol. 
 
 At the meeting of the Legislative Assembly the Capitol 
 was not yet completed even to the extent required by the 
 contract made under the act passed at the previous session; 
 but it was far better adapted to the necessities and even the 
 convenience of the legislators than it had before been. 
 
 On the 7th of January the commissioner of public build- 
 ings — N. C. Prentiss — submitted his report to the Legisla- 
 tive Assembly. 
 
 It stated that in pursuance of the act of February 19, 
 1841, he let a contract on the 27th of April to Daniel Bax- 
 ter for seven thousand dollars for the completion of the 
 Capitol by the 1st of December, 1841. It states that the work 
 is not completed and shows the progress which had been 
 made and expresses the opinion that the balance of one 
 thousand dollars of the fund applicable to the payment for 
 the work, remaining in the hands of the treasurer is suffi- 
 
TERRITORY OF WISCONSIN IN 1842. 377 
 
 cient protection to the Territory for the completion of the 
 contract. 
 
 In relation to the pending suits in favor of the Territory, 
 one against J. D. Doty, J. F. O'Neill and A. A. Bird, the 
 other against James Morrison and his sureties, the commis- 
 sioner stated the reasons which had prevented their 
 being brought to trial. 
 
 John Y. Smith was elected by the two houses on the 18th 
 of February commissioner of public buildings, as the suc- 
 cessor of Mr. Prentiss. 
 
 Two acts were passed by both branches of the Legislative 
 Assembly, having for their object the completion of the 
 Capitol and the paj^ment of the contractor, which were pre- 
 sented to the Governor in the forenoon of the day before the 
 adjournment and retained by him, neither of which were 
 approved by him or returned with his objections. He after- 
 wards caused to be published in the newspapers a statement 
 of his objections to the acts, which he was prevented by 
 want of time from sending to the House of Representatives, 
 where they originated. 
 
 One of these acts extended the time for the completion of 
 the Capitol until November 1, 1842, and the other directed 
 the Treasurer to pay for the work out of whatever moneys 
 were in his hands or should come to his possession, of the 
 money donated by Congress for the purpose of erecting the 
 Capitol — except $250 — provided the sum paid by the 
 Treasurer should not exceed Sl,750. 
 
 The approval of these two acts by the Governor would 
 seem to have placed the completion of the Capitol at an 
 early day beyond peradventure, while the failure of the 
 Governor to approve them created great embarrassment in 
 the consummation of that desirable result. 
 
 In a few days after the commissioner — Mr. Smith — was 
 elected, he took possession of the Capitol and made efforts to 
 induce Baxter to proceed with its completion. The dome 
 was in a sad condition, leaking very badly, and the rains 
 were seriously injuring the interior of the building. The 
 contractor was willing to proceed with the work if funds 
 for the purpose could be furnished him. 
 
 The commissioner applied to the Treasurer for the small 
 
 sum of $100 to repair the dor^-^, but was unable to obtain it. 
 
 The Treasurer refused to consent to pay any part of the 
 
 funds in his hands applicable to the completion of tiie Capi- 
 
378 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 to] without the approval of the Governor. The Governor re- 
 fused to give any such approval except upon one condition, 
 which was, that the suits pending against the commission- 
 ers and the Treasurer and his sureties should be discontin- 
 ued. 
 The coliimissioner in his report says: 
 
 "He (the Governor) admitted that finishing the Capitol and settling the suits had no 
 necessary connection, but said he thought the whole matter had better be settled together; 
 and in this position he remained invincible." 
 
 The commissioner submitted this proposition: 
 
 "That the defendants should pay the costs of the suits and five thousand dollars in Terri- 
 torial liabilities in addition to the $1,758.38, in the treasiuy." 
 
 The proposition was rejected. 
 The commissioner said: 
 
 "For the Territory to be conipelled by an executive usurpation of her treasury, to aban- 
 don a just claim, was what your commissioner could by no means consent to, but was of 
 the opmion that she had better see her Capitol sunk in the middle of the Fourth Lake than 
 submit to terms so imjust and humiliating." 
 
 The only remaining resource of the commissioner was to 
 prevail upon the contractor to raise the means from his pri- 
 vate resources, and finish the building complete before the 
 meeting of the Legislature. In this he was in some degree 
 successful. The dome and roof were put in such condition 
 as to prevent leaking and such other work was done as 
 seemed indispensable. 
 
 Previous to the April term of court in Walworth county, 
 the counsel for the Territory, at the solicitation of the de- 
 fendant's counsel, consented to a continuance of the Terri- 
 torial suits, upon their agreement to a peremptory trial at 
 the fall term. At the October term the cases were reached, 
 and after a series of lengthy arguments, the suits against 
 Morrison were withdrawn on account of a defect in 
 the declaration. In the other suit it was thought advis- 
 able to amend the declaration which involved the continu- 
 ance of the suit. 
 
 " No question " (the commissioner said in his report) " has as yet been decided, which at 
 all militates against the right of the Territory to recover heavy judgments against the de- 
 fendants. These judgments, however, can never be reached while the court is confined to 
 one week at a session." 
 
 The Legislative Assembly adopted a resolution approved 
 January 21, 1842, 
 
 " That the Legislature of the State of New York be requested to abolish all toll, imposed 
 by the laws or canal regulations of that state upon the transportation of pig and bar lead 
 through the Erie canal on its passage eastward." 
 
TERRITORY OF WISCONSIN IN 1843. 371) 
 
 The policy of the United States Government which had 
 been adopted as early as 1S07 of leasing the lead mines, con- 
 tinued to be enforced for more than ten years after the dis- 
 covery of the lead deposits of the Upper Mississippi. So 
 long as the title of the entire domain in which these mines 
 were situated was in the United States, the system worked 
 without much friction or dissatisfaction. But so soon as a 
 portion of the lands were sold, and lead mines were dis- 
 covered upon the lands of individuals, there arose an ine- 
 quality in the condition of those who were working upon 
 government lease and paying rents, and those working on 
 other lands who paid no rents. 
 
 This condition of things resulted in a practical abandon- 
 ment by the government in 1834 of the policy of leasing the' 
 lead mines and it was not attempted to be revived until 1S4-3. 
 
 The matter had always been in charge of the ordnance 
 bureau of the war department, and an officer of the regular 
 army detailed to take charge of the business. But in 1841 
 in some manner, a civilian named John Flanigan had pro- 
 cured himself appointed " Superintendent of the United 
 States Lead Mines," and opened an office at Galena. By the 
 terms of his appointment he was to be entitled to ten per 
 cent, of all such collections as he might make, besides his 
 salary. 
 
 He assumed that all lands containing lead ore had been 
 reserved from sale, and the sale by the government of any 
 tract upon which known deposits existed at the time of the 
 sale was void, and that all the lead mines, as well those upon 
 lands which had been purchased by individuals as upon 
 unsold lands, were subject to be leased. 
 
 These pretensions and assumptions of this " Superintend- 
 ent" would be harmless if they had not been sanctioned by 
 the officials from whom he derived his pretended authority. 
 But the Ordnance Bureau, the Commissioner of the General 
 Land Office, the Secretary of War, and even the President 
 ratified and approved his acts in proposing to grant leases 
 of lead mines without regard to the rights of individuals, 
 acquired by their purchase from the Government. 
 
 This " Superintendent" issued, and caused to be generally 
 published, a "notice to miners," that on the 15th of Febru- 
 ary, 1842, he would be prepared at his office, in Galena, to 
 grant leases for the lead mines of the United States in the 
 State of Illinois and Territories of Wisconsin and Iowa. 
 
380 HISTORY OF THE TERRITORY OF WISCONSIN, 
 
 On the 10th of January Mr, Strong offered a resolution in 
 the Council, reciting this " notice," and that, whereas, there 
 was reason to believe that the " Superintendent" intended to 
 lease all lands containing lead mines, whether the same had 
 been entered or not. Therefore — 
 
 '" That a select committee be appointed, with instructions to prepare a memorial to the 
 Secretary of War, asking him to rescind any instructions that may have emanated from 
 his department, or any bureau thereof, authorizing the said Superintendent to lease any 
 lead mines in this Territory." 
 
 The resolution was adopted, and Messrs, Strong, Vine- 
 yard, and RouNTREE appointed the committee, which pre- 
 sented the memorial in conformity with the instructions, 
 which was adopted, 
 
 ^ The notice proved a great attraction to the miners of the 
 country who were not owners of land, to the floating 
 landless population, and to all affected with communistic 
 notions; so that in October it was reported that the number 
 of leases granted by the — 
 
 " Superintendent up to that time was about 500, and averaged about twenty-five acres in 
 extent, with five hands to each lease." 
 
 On the other hand, the permanent, substantial population 
 of the lead mines regarded the course pursued by the 
 " Superintendent" as a gross outrage upon their rights, 
 against which they were swift to enter their protest. 
 
 Mr. Young, one of the Senators from Illinois, introduced 
 a bill for the survey of the unsold mineral lands into ten 
 acre lots, with the pre-emption right to occupants of them 
 to purchase such lots. The bill failed to pass Congress. But 
 at the opening of the next session the message of the Presi- 
 dent contained this recommendation : 
 
 " For several years angry contentions have grown out of tlie dispositions directed by 
 law to be made of the mineral lands held by the government in several of the States. The 
 government is constituted the landlord, and the citizens of the States wherein lie the lands, 
 are its tenants. The relation is an imwise one and it would be much more conducive to the 
 public interest that a sale of the lands should be made, than that they should remain in 
 their present condition." 
 
 Would that fidelity to the work in hand admitted the 
 closing of this chapter of the events of 1842, without refer- 
 ence to the most painful tragedy, growing out of personal 
 conflict, which occurred during the existence of the Terri- 
 torial government of Wisconsin. But it cannot be. The sad 
 tale must be told ; and the truth presented regarding the ter- 
 rible homicide by which in the Legislative Halls of the Ter- 
 
TERRITORY OF WISCONSIN IN 1842. 381 
 
 ritory, Charles C. P. Arndt, a member of the Council, was 
 fatally shot by a fellow member, James R. Vineyard. 
 
 The consideration of executive nominations to office was 
 a matter which, in cases of contest, created a considerable 
 degree of feeling. Mr. Arndt was a zealous partisan, and 
 a faithful and devoted friend of Governor Doty, and with a 
 single exception, gave his vote to advise and consent to all 
 of the contested nominations of the Governor. Party alle- 
 giance sat more lightly on Mr. Vineyard. Sometimes he 
 voted for the questionable nominations, and sometimes 
 against them, and it was generally thought by his fellow 
 members that his votes were influenced more by policy than 
 principle. 
 
 The personal relations between Messrs. Arndt and Vine- 
 yard had always during their acquaintance been of the 
 most friendly character. 
 
 At an early period of the session the Governor submitted 
 the nomination of Enos S. Baker to be Sheriff of Grant 
 county. 
 
 On the 24th of January the consideration of the nomina- 
 tion was on motion of Mr. Vineyard postponed until the 
 5th of February, when it came up, and after a protracted 
 discussion was rejected. 
 
 On Monday, the 7th of February, Mr. Upham moved a re- 
 consideration of the vote of the previous Saturday, by which 
 the nomination was rejected. 
 
 The motion was for the time laid on the table. 
 
 On the 11th of February the Governor sent to the Council 
 the following communication: 
 
 "The nomination of Enos S. Baker, Esq,, to be Sheriff of Grant county being still before 
 the Council on a motion to reconsider tlie vote of Saturday last, it is my duty to submit to 
 the Council a paper which I have received in relation to that nomination, which is signed by 
 nineteen members of the House of Representatives. 
 
 "Executive Office, February 10, 1S42. "J. D. Doty." 
 
 The paper thus submitted was dated February 7th and 
 addressed to the Governor, the nineteen members who 
 signed it being as nearly as possible divided between the 
 political parties, and after giving the reasons of the signers 
 at length, said in conclusion: 
 
 "We cannot approbate the course that has been taken against Mr. Baker, and hoping that 
 some portion of the Council at least who voted against him will, upon reflection, see the 
 propriety of sustaining him, we earnestly request your Excellency to renominate Mr. 
 Baker to the office of Sheriff of Grant County." 
 
 It was said and is probable, that the feeling which 
 
382 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 prompted this paper influenced Mr. Upham to move the re- 
 consideration. It is certain that an intense feeling in rela- 
 tion to the nomination pervaded both houses and extended 
 outside the Capitol. 
 
 Soon after this communication from the Governor was 
 received and on the same day, Mr. Arndt moved to take 
 up the motion to reconsider, which motion was opposed by 
 Mr. Vineyard. What then occurred is best described in 
 the testimony of witnesses upon the preliminary examina- 
 tion of Vineyard on the charge of murder. 
 
 "J. H. Tweedy sworn: Tho difficulty grew out of a debate on motion to lay on the 
 table the nomination of E. S. Baker. Mr. Abndt opposed it, because the gentleman from 
 Grant (alluding to Mr. Vineyard, I suppose), 'had given the highest testimonials as to the 
 character of the nominee.' I think, upon his making that remark, Mr. Vineyard turned 
 partly round in his seat, and said it was a falsehood. Some words passed and order was 
 restored. Soon after a motion to adjourn was made, and a division had thereon; and im- 
 mediately after the members had arisen in the negative, before announcement by the 
 chair, most of the members and by-staaders rose and I saw deceased and Mr. Vineyard, 
 and I believe one or two others, close together at the corner of Mr. Vineyard's desk. Many 
 words in a high key passed; heard deceased demand of Mr. Vineyard an explanation. 
 Then Mr. Strong called aloud ' order,' twice; and the president arose and called the House 
 to order. Vineyard and deceased were parted by one or two by-standers. Saw deceased 
 then move about eight feet towards the fiz-e-place. He stood there, and Mr. Vineyard at 
 his desk, until the chair announced an adjournment. Mr. Arndt then came up to Mr. 
 Vineyard's desk. Mr. V. was standing at the corner of it. Deceased asked Mr. Vineyard 
 if he imputed to him falsehood in his remarks. Mr. Vineyard answered ' yes,' or that 
 ' they were false,' I do not remember which. Think I then saw deceased strike at Mr. V's 
 face, or forehead— they were about three feet apart. Rose to go to them. Did not see 
 distinctly, but thought one or two blows had passed; then heard an explosion. Deceased 
 partly reeled around and moved several steps towards the fireplace, with his hands on his 
 breast. I believe next moment saw him in the arms of Blr. Deeking. I believe in about 
 five minutes saw him die. He said nothing, and did not appear to be conscious of 
 anything." 
 
 "James Collins sworn: After Mr. Vineyard made the motion to postpone the nomina- 
 tion, Mr. Arndt rose and opposed it and said something like this: 'He must oppose the 
 motion of the gentleman from Grant for the reason that he M-asnot willing to give him an 
 opportunity to introduce evidence to belie the statement he had before made on the floor.' 
 I think at this time Vineyard arose for the purpose of explanation. Mr. Arndt did not 
 give way, and both were speaking at the same time, and I saw Mr. Arndt wave his hand 
 toward Mr. Vineyard and said, 'That difference will be accommodated at some other time.' 
 They had some private conversation together, and I called to order. They separated. Be- 
 fore the vote on the adjournment was announced I saw them together again. High words 
 passed between them. Mr. Arndt then walked to the fire-place and Mr. Vineyard step- 
 ped to his seat. I then paused for a short time, and announced the vote on adjournment 
 and left my seat. Mr. Arndt approached Mr. Vineyard. High words again passed be- 
 tween them, and I was reaching forward my hand to lay hold of Mr. ArnDt, when he 
 struck Mr. Vineyard with his right hand. Mr. Vineyard seemed to recede a little, and I 
 very soon heard the report of a pistol. I did not know who fired it at the moment, and 
 
TERRITORY OF WISCONSIN IN 1843. 383 
 
 supposed some one liad let off a pistol in attempting to draw it from his pocket. Arndt 
 reeled around and soon fell. I then turned to Vineyard, and for the first time saw what 
 I supposed to be a pistol in his hand. He had it clasped round the lock. I was of the im- 
 pression and still am that it was a six-shooter pistol.- It is possible I may be mistaken. 
 Some one called out 'arrest him!' He replied. 'I'm not going away.' I walked over with 
 him to the American and left him in the hall or on the stoop." 
 
 John H. Rountree, called for the defense, being sworn, 
 testified as follows: 
 
 " The deceased and Mr. ViNEY.-iRD have always manifested friendship for each other 
 during the session. I have frequently seen them in 'each otner's room. I noticed them 
 during the morning session standing before the fire in very friendly conversation. Each 
 had an arm around the other's neck. I think this was during a call of the house. I have 
 known Mr. Vineyard for fifteen or sixteen years ; intimately for fourteen or fifteen years. 
 He has lived for fom-teen years within half a mile of me. I have ever esteemed him as a 
 kind and benevolent man. I have never known any revengeful act in him, or disposition 
 to seek revenge. He is very warm and ardent in hi- feelings. From my acquaintance with 
 him I should say that he did not bear malice. He is excitable, but his passious soon sub- 
 side, and kind feelings quickly return." 
 
 The testimony of the other witnesses was substantially 
 the same, all agreeing that the deceased was the assailing 
 party, and that Vineyard was defending himself against 
 the assault. 
 
 He immediately surrendered himself to the sheriff and 
 was committed to jail, where his wife remained with him 
 until he was released. 
 
 The next day the death of Mr. Arndt was announced in 
 each house and appropriate resolutions were adopted in 
 both. The body of the deceased was conveyed to his 
 friends at Green Bay at the expense of the Legislative As- 
 sembly, the members of which accompanied it in a body 
 for several miles. 
 
 At the next meeting of the Council on Monday the 14th, 
 the President stated that he had received a communication 
 on the subject of which there was doubt whether this body 
 had any control. The communication is signed by James 
 R. Vineyard, a member of the Council from the county of 
 Grant, tendering his resignation of his seat in this body, 
 and asked if it was the pleasure of the Council to receive 
 for consideration the communication ? 
 
 Mr. Strong requested that it be read. 
 
 Mr. Brigham then moved that the communication be re- 
 turned to its author without reading, which was agreed to. 
 
 Mr. Brigham then, by leave, offered a preamble and reso- 
 lution. 
 
 The preamble recited the fatal shooting of Mr. Arndt, 
 
384 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 and that Vineyard was unworthy to be a member of the 
 body, and therefore 
 
 Resolved, That he be expelled and his seat declared vacant. 
 
 Mr. Strong said he would cheerfully vote for the pre- 
 amble, but could not vote for the resolution. He felt the 
 deepest, the warmest indignation at the outrage which had 
 been perpetrated and would unite with any member in 
 expressing those feelings in any appropriate manner, but 
 he could not bring his mind to the conclusion that the Coun- 
 cil had any right to reject the resignation. He considered 
 that every member, so long as he was such, had the control 
 of his own seat, and that he could resign it or not, at his 
 pleasure ; but as soon as he did resign it, the Council had no 
 power to reject the resignation. His connection with the 
 body had ceased, and they had no further control over it or 
 him, not even the power to expel him, for he had no seat to 
 be expelled from. 
 
 The preamble was adopted unanimously and the resolu- 
 tion by a vote of 10 to 1, all the members present voting in 
 the affirmative except Mr. Strong, who called for the ayes 
 and noes and voted against the resolution. 
 
 About the 10th of March, Vineyard was taken from the 
 jail at Madison to Mineral Point, by virtue of a writ of habeas 
 corpus issued by Chief J ustice Dunn. A long and thorough 
 examination was had, and all the facts connected with the 
 tragedj^ fully exposed. The State was ably represented by 
 M. M. Jackson, the Attorney General, and the defendant by 
 Col. A. P. Field, who was assisted by Moses M. Strong, 
 and after an exhaustive argument, the Chief Justice took 
 the matter under consideration from Saturday until Monday, 
 the 14th of March, when he decided that Vineyard should 
 be admitted to bail in the sum of $10,000, for his appearance 
 at the next term of the district court for Dane county. The 
 bail was at once given by several of the most responsible 
 and Avealthy citizens of Grant county. 
 
 The court met at Madison May 9th, Hon. David Irvin 
 presiding. The grand jury was about to be impaneled 
 when the counsel for Vineyard objected to Ebenezer Brig- 
 ham being sworn upon the jury for the reason that he had 
 been recognized as a witness in the Vineyard case. The 
 objection was sustained by the court and Mr. Brigham ex- 
 cluded. The counsel for Vineyard then attempted to ex- 
 clude for cause others of the panel from being sworn as 
 
TERRITORY OF WISCONSIN IN 1813. 385 
 
 grand jurors for the reason that they had expressed opinions, 
 but were not sustained by the court. 
 
 The jury on the 13th May returned a bill for manslaughter, 
 the defendant entered into new bonds, and the cause was 
 adjourned until the next term. 
 
 The venue was afterwards changed to Green county on 
 the affidavit of the defendant of prejudice of the people of 
 Dane county, and in October, 1843, he was acquitted by ver- 
 dict of the jury. 
 
 The Legislative Assembly, after taking a recess from 
 December 27th to January 7th, adjourned sine die on the 
 19th of February, being seventy-six days from the first to 
 the last day of the session. 
 
 CHAPTER XXIV. 
 
 TERRITORY OF WISCONSIN — 1843. 
 
 There was no subject in relation to which the inhabitants 
 of Wisconsin in the earlier years of its Territorial existence, 
 had looked to Congress for aid with as great anxiety, as 
 they had to the protection of the infant commerce of Lake 
 Michigan. Not a session of the Legislature had passed from 
 183G to 1842 that a memorial was not sent to Congress ask- 
 ing appropriations for harbors of refuge at the more import- 
 ant ports on the Wisconsin shore of Lake Michigan. These 
 memorials were supplemented by numerous petitions from 
 the people, but until 1843, all efforts to obtain such appropri- 
 ations had been unavailing, except that on the 4th day of 
 July, 183G, the day on which the act organizing the Terri- 
 tory took effect, an act making appropriations for harbors 
 was approved which contained an appropriation of four 
 hundred dollars 
 
 "For tlie survey of the inoutli of Jlilwaukee river, to determine the practicability of 
 making a harbor by deepening tlie cliaunel." 
 
 The same act appropriated twenty thousand dollars for a 
 harbor at Michigan City and the same sum for a pier or 
 breakwater at St. Joseph, which were the only appropria- 
 tions for Lake Michigan. 
 25 
 
386 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 Appropriations were also made in 1837 and in 1838, not 
 only for Michigan City and St. Joseph, but also for Chicago, 
 which were the only points on either shore of Lake Michi- 
 gan for which any appropriation was made until 1843. 
 
 During the years 1830, '40, '41 and '42, the policy of the 
 
 government of making appropriations for the improvements 
 
 of rivers and harbors appears to have been entirely sus- 
 pended. 
 
 Such suspensions also continued during the year 1843 as 
 
 to all the rivers and harbors in the United States, except 
 
 that an act 
 
 '"For the protection of commerce on Lake Michigan," was passed which appropriated 
 thirty thousand dollars "for the coQStruction of a harbor at the most suitable situation at or 
 near Milwaukee," and enacted that before the money should be expended "the corps of top- 
 ographical engineers shall select from actual examination and survey the point of loca- 
 tion of said harbor." 
 
 The same act provided for the survey and selection of 
 "the most suitable site for a light house at or near South- 
 port" (now Kenosha). 
 
 It also contained an appropriation of twenty-five thou- 
 sand dollars for each of the harbors of Chicago and St. 
 Joseph. 
 
 Two separate appropriation bills for the civil and diplo- 
 matic expenses of goverment were passed at the session of 
 Congress for 1842-3, one approved December 24, 1842, for the 
 half calendar year ending June 30, 1843. The other for 
 the fiscal year ending June 30, 1844, approved March 3, 1843. 
 
 The first appropriated for compensation for the Gov- 
 ernor, judges and secretary for the half year and for con- 
 tingent expenses, the sum of four thousand seven hundred 
 and twenty-five dollars. The other for the same objects 
 for a full fiscal year, the sum of nine thousand four hun- 
 dred and fifty dollars. 
 
 The first appropriated — 
 
 "For compensation and mileage of the members of the Legislative Assembly, pay of 
 officers, printing, stationery, fuel, furniture and other incidental and miscellaneous objects, 
 nineteen thousand two hundred and seventy-five dollars." 
 
 for the half calendar year. 
 
 The other appropriated for the same objects and for post- 
 age, the sum of seventeen thousand two hundred and sev- 
 enty-five dollars for the full fiscal year. 
 
 Another act was passed at this session of Congress con- 
 ferring upon the people further powers of self-government, 
 by authorizing the Legislature — 
 
TERRITORY OF WISCONSIN IN 1843. yg? 
 
 "To provide by law for the election or appointment of sheriffs, judges of probate, jus- 
 tices of the peace and county surveyors." 
 
 These offices were under the organic act appointable by 
 the Governor and Council. 
 The second section of this act prescribed— 
 
 "That the members of both houses of the Legislative Assembly shall, upon the expiration 
 of the terms of service for which the present members have been elected, be hereafter 
 elected to serve for the same terms of service as that for which the members of the Legis- 
 lative Assembly in Iowa are now elected." 
 
 Such "terms of service" in Iowa were two years for mem- 
 bers of the Council and one year for members of the 
 House of Representatives. 
 
 Another act was passed at this session of much local im- 
 portance, by which the township of land on the east side of 
 Winnebago Lake, which was reserved for the use of the 
 Stockbridge tribe of Indians, might be partitioned and 
 divided among the different individuals composing said 
 tribe, and might be held by them separately and severally 
 in fee simple. 
 
 The act prescribed particularly the mode of making the 
 partition by commissioners to be elected by themselves 
 under the supervision of a United States officer. 
 
 The fourth Legislative Assembly convened at Madison on 
 the fifth day of December, 1843 — the day prescribed by 
 law — for the purpose of holding its first session. 
 
 The members of both houses had been elected at the pre- 
 ceding September election upon a new apportionment, and 
 there was an almost entire change of membership in both 
 Houses. 
 
 In the Council only three members had been members of 
 the preceding Council. These were Messrs. Martin of 
 Brown county, Rountree of Grant, and Strong of Iowa. 
 Five others had been members of the House of Representa- 
 tives the preceding year. These were Messrs. Whiton of 
 Rock, Barber of Jefferson, Dewey of Grant, La'Chappel 
 of Crawford, and Newland of Milwaukee, the last of whom 
 had represented Iowa county, was the speaker and on the 
 adjournment of the previous session had removed to Mil- 
 waukee county where he was elected to the Council. The 
 other five members were Messes. Heath and Hugunin of 
 Racine, Baker of Walworth, Crocker and White of Mil- 
 waukee, neither of whom had previously been members of 
 the Legislature. 
 
388 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 All the members of the Council were present on the first 
 day of the session^ except Messrs, Heath and Hugunin, who 
 did not take their seats until the 6th of March. 
 
 The Council was organized by the election of Moses M. 
 Strong, President; John V. Ingersoll, Secretary; and 
 Charles E. Brown. Sergeant-at-Arms. 
 
 The House of Representatives was composed of the 
 following members : 
 
 Brown and the counties attached — Albert G. Ellis, 
 Mason C. Darling, and David Agry. 
 
 Craivford and St. Croix — John H. Manahan. 
 
 Dane, Dodge, Gi^een, Jeffersoii, and Sauk — Isaac H. Pal- 
 mer, Lyman Crossman and Robert Masters. 
 
 Grant — Franklin Z. Hicks, Alonzo Platt and Glen- 
 dower M. Price. 
 
 loiva — Robert M. Long, Moses Meeker, and William S» 
 Hamilton. 
 
 Milwaukee and Washington — Andrew E. Elmore, Ben- 
 jamin HuNKiNs, Thomas H. Olin, Jonathan Parsons, Jared 
 Thompson, and George H. Walker. 
 
 Racine — Philander Judson, John T. Trow^bridge, and 
 Peter Van Vleit. 
 
 Rock and Walworth — John Hopkins, James Tripp, John 
 M, Capron, and William A. Bartlett. 
 
 Of these, Messrs. Ellis and Darling had been members 
 of the preceding Legislature; Mr. Hamilton was elected, in 
 18;)5, a member of the Michigan Legislature, which met at 
 Green Bay in January, 1836, while all the others were with- 
 out legislative experience. 
 
 All the members were present at the December session ex- 
 cept Messrs. Judson and Trowbridge, who did not take 
 their seats until the 30th of January, and Mr. Agry, who 
 took his seat on the 4th of February, and Messrs. Bartlett 
 and Van Vliet, who took their seats on the 6th of March. 
 
 The House was organized by the election of Albert G. 
 Ell'is, Speaker, John Catlin, Chief Clerk, and William S. 
 Anderson, Sergeant-at-Arms. 
 
 Each house was notified of the organization of the other. 
 
 A joint committee of two from each house was then ap- 
 pointed to wait on the Governor and inform him that tha 
 two houses were organized pro tempore and ready to receive 
 any communication he might have to make to them. 
 
 The committee consisted of Messrs. Martin and Whiton 
 
TERRITORY OF WISCONSIN IN 1843. 389 
 
 on the part of the Council, and Messrs. Walker and Hop- 
 kins on the part of the House. 
 
 The joint committee submitted a report to each house, on 
 the first day of the session — 
 
 " That they have discharged the duty assigned them, and that the Governor informed 
 the committee that, 'not conceiving that the Legislative Assembly had authority by law 
 to meet at the present time, he had no communication to make to them.' " 
 
 On the same day a resokition was introduced by Dr. Dar- 
 ling, which on the next day was agreed upon by both 
 houses, in the following words: 
 
 "■Resolved by the Council and House of Eejjresentatives : that the report of the joint 
 committee appointed to wait upon his Excellency the (4overnor, and inform him that the 
 two houses were organized pro temijore, and ready to receive any communication he 
 might have to make to them, be i-ef erred to a joint committee, consisting of three mem- 
 bers of each house, to report whether thei-e is any valid objection to the Legislative 
 Assembly holding its annual session at this time; whether it is expedient to adjourn the 
 session of said Legislative Assembly to some other day; whether the Legislative Assembly 
 ought to take an.y, and if any, what action, expressive of their views relative to the course 
 pursued by the executive, as exhibited in said report; and generally to report as they may 
 think the circumstances of the case may requu-e in relation to the said report of the said 
 joint committee." 
 
 The committee consisted of Messrs. Crocker, Martin 
 and La'Chappelle on the part of the Council, and Messrs. 
 Darling, Tripp and Meeker on the part of the House. 
 
 The Governor did iiot, in his response to the committee 
 appointed to wait on him, give any reasons why he thought 
 the Legislative Assembly had no right to meet at that time 
 or why he had no communication to make to them. But 
 soon after the report of the joint committee, of which Col. 
 Crocker was chairman, there appeared in the newspapers 
 a paper addressed to the members elect of the Legislative 
 Assembly, over the signature of the Governor, and which 
 he adopted as his own, in a communication to the two 
 houses of Congress. 
 
 It was said in the newspapers accompanying this paper, 
 that it was prepared by Gov. Doty, with the intention of 
 submitting it to the members, if they called upon the execu- 
 tive, as had been the custom to administer to them the oath 
 of office. 
 
 Such a custom had to some extent prevailed, but not uni- 
 formly, and the newly elected members, upon assembling, 
 ascertained that the Governor was not authorized by law 
 to administer oaths, and took the oath of office before one of 
 the Judges of the Supreme Court. 
 
390 HISTORY OF THE TEERITORY OF WISCONSIN. 
 
 In justice to the Governor, with reference to this import- 
 ant subject, the paper is given at length : 
 
 To THE Members Elect of the Legislative Assembly of Wiskonsan: 
 
 The acts of Congress provide, 
 
 1st. That " No session " [of the Assembly] " in any year shall exceed the term of seventy- 
 five days." 
 
 2d. That "The Legislative Assembly of no Territory shall hereafter, in any instance, or 
 under any pretext whatever, exceed the amount appropriated by Congress for its annual 
 expenses." 
 
 3d. That "No session of the Legislature of a Territory shall be held until an appropria- 
 tion for its expenses shall have been made." 
 
 The Territorial act authorizing "a regular session" to be held on the first Monday of 
 December annually, if it was ever valid, was suspended or annulled by these acts and by 
 the failure of Congress to make an appropriation after the passage of the latter act. 
 
 The Legislature held a session in the year 1843, which terminated on the nineteenth day 
 of February last. 
 
 On the eighteenth day of May following Congress appropriated twenty thousand dollars 
 for the expenses of the Assembly during the year 1842, which sum was drawn from the 
 Treasury in June last and expended according to the direction of the act of the Assembly 
 of the 19th of February, to defray the expenses of a session held in the year 1842. 
 
 The whole of the appropriation for the year 1841 having been thus expended, and no 
 additional appropriation made, no session can now be held under the authority of the laws 
 of the United States, or indeed without violating them. If a session is held it must be 
 at the expense of the people of the Territory; and ail laws passed by an imauthorized and 
 prohibited Assembly would be void and of no effect. 
 
 It is believed that a session is neither expected nor desired at this time by the people; 
 and that as there is no money to pay the expenses, there ought to be no session. 
 
 Wiskonsan is yet under a Terrritorial form of government , and while this is continued by 
 the people, the acts of Congress ai'e supreme over this government and over the people 
 and must be obeyed. 
 
 When a session of the Assembly has reached the amount appropriated for the year it 
 must terminate; and no new session can coumaence, or expense be incurred, until an ap- 
 propriation has been made. 
 
 If the expenses of an miauthorized session are not paid by Congress, they must be paid 
 by the people of the Territory. This would greatly increase the taxes, without any corre- 
 sponding benefit to the country; for it is believed to be the sentiment of the tax -paying 
 part of the community that there has been already too much legislation; and that the 
 taxes now levied are excessive and ought to be diminished. 
 
 To protect the people therefore from further taxation, and to maintain their right to a 
 
 strict and economical administration of this government, and to preserve the authority of 
 
 the laws of the United States and avoid the possibility of an increase of the public debt, 
 
 it is deemed to be the duty of the Executive to decline meeting the members elect of the 
 
 Legislature, to hold a session, until an appropriation shall have been made for its expenses 
 
 by Congress. 
 
 J. D. Doty. 
 Madison, Wiskonsan, December 5, 1842. 
 
 This paper was accompanied by some correspondence be- 
 tween the Governor and the Secretary of tlie Treasury, and 
 between the Governor and the Secretary of the Territory, 
 
TERRITORY OF WISCONSIN IN 1843. 391 
 
 the material part of which is the statement of the Secre- 
 tary of the Treasury, bearing date November 21, 1842. 
 
 " That the amount appropriated by the act of Congress of the 18th day of May, 1843, for 
 the compensation of members and expenses, etc., of the Legislative Assembly of the Terri- 
 tory of Wiskonsan, having been paid to A. P. Field, Esq., the Secretary of the Territory, no 
 further amount can be expected, until an appropriation for this object is made at the 
 approaching session of Congress." 
 
 And also the statement of Col. Field, Secretary of the 
 Territory, under date of November 25, 1842, that 
 
 "The appropriation of twenty thousand dollars made by Congress in May last to which 
 you alluded has been received and applied by me to the payment of the liabilities incurred 
 by the last Legislature." 
 
 The report of the joint committee of three from each house 
 was unanimous, and was signed by all the six members of the 
 committee. It was presented on the 8th day of May in the 
 Council by Col. Crockek, and in the House by Dr. Darling, 
 and is very exhaustive of the questions at issue between the 
 Governor and the Legislature. Its great length precludes 
 its insertion entire but such extracts are given as present 
 the substance of the views of the committee. 
 
 In reference to the inquiry whether there is any law of 
 Congress or of this Territory which would prevent the hold- 
 ing of a session of the Legislature at this time, the commit- 
 tee say: 
 
 "The law of Congress organizing the Territory provides that 'the time, place and manner of 
 holding and conducting all elections by the people and the apportionment of the represen- 
 tation in the several counties to the CouncU and House of Representatives according to the 
 population shall be prescribed by law, as well as the day of the annual commencement of 
 the session of the Lecjislaiive Assembly'' (organic act, section i). Accordingly the Legislative 
 Assembly have 'jirescribed by lav)' that 'the regular sessions of the Legislative Assembly 
 shall commence on the first Monday of December, in each and every year.' (R. S. page 157.)" 
 
 In pursuance of that law the members of the Council and House of Representatives did 
 meet in their respective halls at the Capitol, on the fu'st Monday of December, 1813, and 
 commenced the session of the Legislative Assembly, by organizing their respective houses 
 in the usual manner. 
 
 In conformity to the long established usage, they adopted a joint resolution appointing a 
 committee to wait upon the Governor and inform him of the organization of the two houses 
 and that they were ready to receive any communication he might have to make to them. 
 To this customary message of courtesy to a co-ordinate branch of the Legislature the Gov- 
 ernor made the following reply: 'Not conceiving that the Legislative Assembly had 
 authority by law to meet at the present time, he had no communication to make to them.' 
 
 He refuses to make any communication to the Legislature becausehe says he conceives 
 they have no authority to meet at the present time. 
 
 The Governor, no doubt with some object in view, has seen fit to withhold from the Leg- 
 islature and the public his reasons for so extraordinary a course of conduct. And as your 
 committee can imagine no other, they have presumed that if the Legislative Assembly 
 
G92 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 has not the authority by law to meet at the present time, the only reason is the one that 
 rumor and the public press has assigned viz.: that in a law passed at the last session of 
 Congress occurs the following paragraph: 'No session of the Legislature of a territory 
 shall be held until the appropriation for its expenses shall have been made.' 
 
 " The act of Congress 'making appropriations for the civil and diplomatic expenses of 
 the Government for the year 1842,'' approved May 18, 1842, contains the usual appropria- 
 tion for the payment of the expenses of the annual session of the Legislative Assembly 
 
 of the Territory of Wisconsin. The amount thus appropriated is $20,000. 
 
 ****** ***** ** 
 
 " The title of the act last referred to is in itself convincing proof to your committee, 
 that the amount appropriated was for the express purpose of defraying the expenses of 
 the session which we are now holding; but to remove all doubt, the committee will briefly 
 refer to the several appropriations made by Congress for defraying the exjjenses of the 
 Legislature of this Territory. 
 
 " The appropriation for the first session of the Legislative Assembly, which was held iu 
 the fall of 1836, was but nine thou.sand dollars, the estimate being predicated upon the 
 usual expenses of the Territorial Legislature of Michigan, a body of but thu-teen members. 
 To meet the deficiency caused by this inadequate appropriation. Congress, by the act of 
 3d of March, 1837, appropriated the further sum of $15,765.10 'for the payment of arrear- 
 ages' due for the expenses of the first Legislative Assembly, By the same act was appro- 
 priated the further sum of S36,'i65 for the expenses of the second session of the first Legis- 
 lative Assembly. 
 
 By the act of Cth of April, 1838, $25,000 were appropriated for the first session and by the 
 act of 3d March, 1839, $25,000 for the second session of the second Legislative Assembly. 
 The act of the 8th May, 1840, appropriated $34,075 for the fu-st session, and the act of 3d 
 March, 1841, |20,000 for the second session of the Legislative Assembly. And the act of 18th 
 May, 1842, appropriates $20,000 for the expense of the present, being the first session of the 
 fourth Legislative Assembly. 
 
 If it be supposed that the $20,0C0 last appropriated, were intended to meet the payment 
 of arreai-ages, created by a deficiency in the appropriation of previous sessions of the 
 Legislature, the impression will be removed by reference to another part of the same act, 
 making an appropriation ' for the arrearages and expei.ses for the Legislative Assembly of 
 the Teri-itory of Iowa.' An appixpriation for a similar purpose for Wisconsin, would have 
 been expressed in like words. That territory was similarly situated with Wisconsin, the 
 expenses of the Legi&lature exceeding the amount of appropriations, but the exact amount 
 of the arrearages of the expenses of that Territory being known, a definite sum was appro- 
 priated for their discharge. A portion of the arrearages of expenses of Wisconsin, con- 
 sisting of disputed items, and the amovmt not being ascertained, no definite sum could be 
 appropriated. It was attempted when the act making appropriations for the civil and 
 diplomatic expenses of the government for the year 1842 (in which the above appropria- 
 tion of $20,000 is included) was before the House of Representatives, to appropriate the 
 further sum of $24,000 to cover the arrearages of expenses of our Legislature, for previ- 
 ous years, but their extent not being known, as we have above stated, the last item was 
 omitted, and the chairman of the committee of ways and means declaring his intention of 
 introducing a bill for the purpose of providing for the payment of such arrearages as were 
 chargeable to the Treasury of the United States. Accordingly, on the 29th day of August 
 last Congress passed a law, ' for the settlement of certain accounts for the support of the 
 government of the Territory of Wisconsin.' 
 
 By this It. .v, no definite sum was appropriated, but the accounting officers of the Treas- 
 
TERRITORY OF WISCONSIN IN 1843. 393 
 
 ury Department were directed to audit and settle those accounts. By the act of 18th May, 
 1842, the sum of $27,125 was appropriated to defray the expenses of the Legislative Coun- 
 cil of the Territory of Florida, and by the act of 29th August, the accounts and ari'earages 
 of expenses of that Territory were directed to be audited and settled, in the same manner 
 as those of the Territory of Wisconsin. 
 
 Yet, so far as has come to the knowledge of your committee, no doubt has ever been en- 
 tertained in either of the Territories of Iowa or Florida, but that their Legislatures have 
 the undoubted right to hold their annual sessions without any fiu'ther act or appropriation 
 by Congress. By reference to that part of the act of 18th May, making appropriations 
 for the Territory of Iowa it will be seen that no part of the svmi appropriated for arrearages 
 shall be used for any other purpose, than for the payment of those arrearages. Now if, as 
 it is possible the Governor may suppose, the $20,000 last appr(jpriated, was 'for arrearages 
 of expenses,' why was it not limited and restricted to that specific object as was done in 
 the appropriation for Iowa ? 
 
 No money shall be drawn from the Treasury of the United States, but in consequence of 
 appropriations made by law, and in such law must be expressed the precise nature and ob- 
 ject of such appropriation. And your committee believe that since the organization of the 
 Government, no instance can be found, where Congress has made an appropriation for 
 arrearages of expenses in any branch or department of the Government, unless it be so ex- 
 pressed in the law making such appropriation. Had such been the object of the appropri- 
 ation now in question, your committee can not but think it woidd have been so expressed. 
 
 The mere fact that Congress has every year since the organization of oiu- Territory appro- 
 priated what they thought would be a sufficient amount to defray the aimual expenses of 
 the Legislature, previous to the holding of the annual session thereof, is conclusive evi- 
 dence to your committee that the appropriation of $20,000 contained in the act of the 18th 
 of May was intended to defray the expenses of the present session of the Legislature. But 
 if any doubt could exist it would be removed by reference to the act of the 29th of August, 
 the object and intention of which was to pay and discharge all arrearages of expenses of 
 the Legislature of Wisconsin, owing to the Legislature having incurred an annual debt 
 greater than the annual appropriations of Congress. 
 
 The object of the act last referred to was to relieve the Territory from its pecuniary 
 embarrassments, not to crush it by depriving it of tlie invaluable privileges of Legis- 
 lation. 
 
 It cannot be supposed by any honest and rational mind, that it was the intention of Con- 
 gress to deprive the people of Wisconsin of all the rights of Legislation, or that having 
 failed to include— as it is possible the Governor may suppose — an appropriation to defray 
 the expenses of the present Legislature, in the usual law, they would afterwards, on the 
 last day of the session pass another law prohibiting a session of the Legislature because 
 they had failed or neglected to make such appropriation. In looking at the usual course 
 of Congress in defraying the expenses of our Legislature, no doubt exists in the minds of 
 your committee that in passing the act of the 29th of August it was their belief that the 
 appropriation of $20,000 previously made was to cover the expenses of the present 
 Legislature. 
 
 By the 1 1th section of the Organic Act, there is 'to be appropriated annually a suflBclent 
 sum to defray the expenses of the Legislative Assembly,' and b5^ the act of the Territory 
 already quoted, 'the regular session of the Legislative Assembly shall commence on the 
 first Monday of December in each and every year.' 
 
 Tliese acts are plain, explicit and unrepealed, and if it be true that Congress have not 
 'appropriated a7inuaUy a .'sufficient sum to defray the expenses of the Legislative A.s- 
 sembly,' and if true, that for that reason 'the regular session of the Legislative Assembly' 
 
394 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 cannot 'convene on the first Monday of December,' then are both those laws to that extent 
 repealed. But can it be believed that Congress ever intended by, to say the most of it, so 
 strained and remote an inference, to repeal laws which lay at the very foundation of our 
 pohtical existence ? Such a construction would be an insult to the understanding and the 
 good faith of the Congress of the United States. 
 
 But it is said that whatever may have been the intention of Congress in making the ap- 
 propriation, it has in point of fact been received by the Secretary of the Territory and 
 paid out by him in defraying the expenses of the last session of the Legislative Assembly. 
 
 Assuming such to be the fact, does it affect in any degree our right to sit as a Legislative 
 Assembly ? It must be borne in mind that the restriction upon our Legislative powers 
 arises only from the want of an appropriation^ not for the want of money in the Treasury 
 of the United States, nor from the misapplication of that money to any other purpose, 
 nor even the refusal of the officers of the Treasury Department to pay it out when made» 
 nor from any circumstances whatever, except the want of an appropriation. 
 
 If the appropriation has been made we have clearly the right to hold a session of 
 the Legislature. 
 
 ************* 
 
 "If, as we contend, the appropriation has been made, there was on the 29th of August 
 last in the Treasury of the United States to the credit of Wisconsin at least §10,000, being 
 the amount of the appropriation and a sufficient sum to defray arrearages of expenses of 
 former sessions; and if the sum of $20,000 has been misapplied in the payment of arrear- 
 ages, it leaves an equal amount in the Treasury to be applied as originally intended, to 
 defray the expenses of the present session. 
 
 ****** * »«: **«* 
 
 " In examining this part of the subject referred to us in every light in which it has pre- 
 sented itself to our minds, we can not hesitate to give it as our decided opinion, that there 
 is no valid objection to the Legislative Assembly holding its annual session at the present 
 time, by reason of no appropriation having been made by Congress.'''' 
 
 The committee further reported that they were — 
 
 " Aware that there are many important subjects, deeply affecting the interests of the 
 people, upon which they are now anxiously desiring legislative action. 
 
 " *A few of the most important of these' were stated to be: 
 
 "The acts and condition of the Milwaukee and Rock River Canal Company. 
 
 " The extension of the term of court in Walworth county, in which the suits in favor 
 of the Territory against the Governor as a public defaulter, were pending; 
 
 " The re-election of the commissioner of public buildings, who is the agent of the Terri 
 tory in conducting those suits; 
 
 " The unfinished and exposed condition of the Capitol, and the securing of the money 
 appropriated for its completion; and, 
 
 '' Many other subjects constantly occurring in a newly settled and rapidly growing 
 country." 
 
 The committee add: " Yet, notwithstanding this pressing necessity, and the important 
 subjects ready to be brought before the Legislature, your committee are constrained by a 
 sense of duty, to report that, in their opinion, it is inexpedient to hold a session of the Leg- 
 islatiu-e at the present time. To this conclusion your committee are forced by the action 
 of the Governor himself, who, in violation of all law, has refused, for reasons which may 
 be apparent, to hold commimication with the Legislature. Your committee have not 
 thought it necessary to enter upon a discussion of the question whether the Legislature 
 
TERRITORY OF WISCONSIN IN 1843. 395 
 
 can enacc laws withcjut the concurrence of the Governor, but inasmuch as serious doubts, 
 are entertained upon this subject, they are led to the conclusion above stated. 
 
 " The Legislature have done all that the law. duty to their constituents, or courtesy to 
 the Governor, a co-ordinate branch of the Legislature, have required. If consequences 
 injurious to the Territory result from the course which we recommend, let the responsi- 
 bility rest upon the head of him who invoked it." 
 
 As to whether the Legislative Assembly ought to take 
 any, and if any, what action, expressive of their views rela- 
 tive to the course pursued by the executive, the committee 
 say : 
 
 " They can not but consider the conduct of the Governor, in refusing to meet the Legisla- 
 ture, as extraordinary, unwarranted by any principle of reason or law, evincing a disposi- 
 tion to bid defiance to the will of the people, and a total disregard of their interests. Such 
 conduct deserves the reprobation of the Legislature, as it will most assuredly receive the 
 condemnation of an injm'ed and insulted Territory. 
 
 " Courtesy to the representatives of the people, similar to that extended by them to 
 him, should have induced the Governor to have assigned, in respectful terms, his reasons 
 for not meeting or recognizing the Legislature. These reasons he has withheld, and 
 standing in an attitude independent of the will of the people he treats their representa- 
 tives with insolence and contempt, and disregards the laws of the Territory which he is 
 sworn to obey." 
 
 The committee came to the conclusion that it was expedi- 
 ent that the Legislature adjourn sine die, but recommended 
 the adoption of a memorial to Congress, asking the passage 
 of some law that would enable the Legislature to convene 
 before the first Monday of December. 
 
 Resolutions were reported in conformity with the views 
 expressed in the report. 
 
 No serious difference of opinion existed in either house, in 
 relation to any of the views expressed by the committee, 
 except as to whether it was expedient to adjourn sine die, or 
 to some definite time so remote as to give Congress time to 
 act. 
 
 In the Council, a motion was made to amend the resolu- 
 tion so that the adjournment should be until the third Mon- 
 day in January. This was lost by a vote of four to seven, 
 Messrs. Barber, Newland, Whiton and Strong voting in 
 the affirmative; and then the resolutions were adopted 
 unanimously. 
 
 In the House the resolution was amended without division 
 so as to provide that the adjournment should be until the 
 last Monday in January, and the resolutions were then 
 unanimously adopted; Mr. Capron, however, the next day, 
 on leave changed his vote to the negative. 
 
396 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 The following are the resolutions as agreed to by both 
 houses: 
 
 " Resolved by the Council and House of Representatives of the Territory of Wisconsin: 
 That, in their opinion, the Congress of the United States did, on the eighteentli day of May 
 last, appropriate the sum of $:20,000 to defray the expenses of the Legislative Assembly of 
 the Territory of Wisconsin, commencing on the first Monday of December, 1842; and that 
 there is no law either of Congress or of the TeiTitory which would jirevent the holding of a 
 session of the Legislature at the present time or would render invalid or nugatory any law 
 which it might enact. 
 
 "Resolved, That while we entertain the opinion that there can be no objection to con- 
 tinue the present session of the Legislature by reason of no appropriation having been 
 made to defray its expenses, or any other legal disability, yet inasmuch as doubts are en- 
 tertained as to tlie expediency of proceeding with business at the present time, because the 
 Governor refuses to act with us, we deem it prudent that the Legislative Assembly adjom'n 
 their session until the last Monday in January, 1843. 
 
 " Resolved, That the conduct of the Governor in refusing to meet the Legislature at the 
 present session, thereby attempting to concentrate all power in his own liands is unparalleled 
 in the history of this government and a gross violation of all law — evincing an utter disre- 
 gard of the will and interests of the people, and of those laws which as Governor of the 
 Territory he is sworn to support, and that his 'refusal to assign reasons for so extraordi- 
 nary a course is an insult to the Legislature and the people of Wisconsin. 
 
 " Resolved, That copies of the report of the committee and resolutions, together with a 
 transcript of the ayes and noes of both houses upon the passage of these resolutions, be 
 transmitted to the President of the Senate and Speaker of the House of Representatives of 
 the Uaited States, to be laid before the bodies over which they respectively preside, that 
 such relief may be granted by Congress as the nature of the case may require, and the 
 wants of the people of the Territory demand." 
 
 A joint committee of the two houses was appointed to 
 draft a memorial to the President of the United States, 
 praying the removal of the Governor. The committee con- 
 sisted of Messrs. Whiton, Barber and Rountree, of the 
 Council, and Hamilton, Hopkins and Walker, of the 
 House. 
 
 Mr. Whiton, chairman of the committee, reported a 
 memorial, which was adopted by a unanimous vote of the 
 Council, and by the House with two votes (Messrs. Capron 
 and Palmer) in the negative. It was as follows: 
 
 "Memorial 
 
 Of the Council and House of Representatives of the Territory of Wisconsin, to the 
 President of the United States, praying for the removal of James D. Doty fro7n 
 the office of Governor of said Territory. 
 
 To his Excellency John Tyler, President of the United States— 
 
 "Your memorialists beg leave most respectfully to represent that they find themselves 
 placed in a most extraordinary and embarrassing situation. The members of the Coimcil 
 and House of Representatives were elected by the people of the Territory at a general elec- 
 tion, held pursuant to law on the fourth Monday of September last, and on the 5th day of 
 D.cember instant, the day appointed by law for the meeting of the Legislature, assembled 
 
TERRITORY OF WISCONSIN IN 1843. 397 
 
 at the Capitol in Jladison to transact the usual business of the Legislature. The two houses 
 proceeded to organize in the usual mode, and then chose a joint committee to wait on his Ex- 
 cellency the Governor and iul'orin him of our organization, and that we were ready to 
 receive any communication which he might have to make to us. The committee proceeded 
 to discha-ge tlie duty assigned them and were informed by the Governor 'that not con- 
 ceiving the Legislatui-e had any riglit by law to meet at the present time, he had no com- 
 munication to make to them.' The committee reported this fact to the two houses, and 
 your memorialists found themselves in the extraordinary ]iosition of two branches of a 
 Legislature attempting to hold a session, and the third branch — the Governor — refusing 
 his co-operation." 
 
 ''In the opinion of many members of the two houses, the legislative functions of your 
 memorialists are suspended, by the refusal of the Governor to act with them, and that no 
 business can be ti'ansacted. 
 
 Your memorialists need not enlarge upon the embarrassment and confusion which will 
 be created by reason of not holding a session of the Legislature at the usual time, nor upon 
 the great increase of executive power, vihich that circumstance will occasion. 
 
 If the facts above set forth constituted the only cause of complaint, which your memo- 
 rialists and the people of the Teri-itory have against their Governor, your memorialists might 
 not have addressed your Excellencj- on the present cccasion, but might have borne with 
 whatever patience they could bring to their aid this abuse of power. But your memorialists 
 represent that his conduct both before and since his appointment to the ofllce he now fills, 
 has been such as to destroy-, in almost the entire population of the Territory, all confidence 
 in him as a man and a public officer. 
 
 Your memorialists are informed that numerous charges have been made against him 
 which, with the proof to sustain them, are now in the possession of your Excellency. 
 
 Your memorialists would most respectfully call your Excellency's attention to those 
 charges and proofs, and also to his recent attempt to corrupt the commissioner of public 
 buildings, in order to get that officer to dismiss the suits at law now pending against him, 
 to recover large sums of money which he has received on behalf of the Territory and re- 
 fuses to pay, as that fact is set forth in the report of the commissioner herewith submitted, 
 and to which we respectfully call the attention of your ExceliencJ^ 
 
 For the reasons above set forth we respectfully, yet earnestly, request your Excellency to 
 remove James D. Doty fromtlie office of Governor of the Territory of Wisconsin. 
 
 It is with extreme regret that your memorialists have been forced to the extremity of 
 making this representation and request ; and we assure your Excellency that nothing short 
 of the belief that our duty requires us to take the course we have adopted, would have in- 
 duced us to adtlress this memorial to your Excellency; we assure your Excellency, fur- 
 ther, that the removal of the Governor is demanded by almost the entire population of 
 the Territory, and is tlie onlv nicnsiire which can restore peace ard harmony to the 
 people. 
 
 And your memorialists, as in duty bound, will ever pray."' 
 
 On the 14th of February, the delegate — Gov. Dodge — 
 addressed an official letter to the President, ashing for the 
 removal of James D. Doty from the office of Governor of 
 the Territory. Numerous reasons were assigned for this re- 
 quest, among which were : That he had 
 
 "In violation of and contempt for the laws of the United States and of the Territory, re- 
 fused to co-operate with the Legislative Assembly at their annual meeting begun on the 
 .■)th day of December last." 
 
398 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 That having accepted the appomtment of Governor in 
 April, 1841, he did not resign his office as delegate, nor 
 issue a proclamation ordering an election of a delegate in 
 Congress, and permitted them thereby to go unrepresented 
 in the then next session of Congress, and the belief is ex- 
 pressed : 
 
 " That his dereliction of duty in this respect was in consequence of a determination on 
 his part to return and occupy the seat as delegate himself, should his nomuiation as Gov- 
 ernor be rejected by the Senate, which was confidently expected. 
 
 " That the Governor (Doty) made use of every device in his power to induce the com- 
 missioner (of pubic buildings) to favor his schemes to defraud the Territory, and indirectly 
 offered to bribe him to dismiss the suits then and still pending in the United States Court 
 of the Territory, for the recovery of several thousand dollars, for which the said Doty still 
 remains a defaulter. 
 
 " That he recommended and procured the appointment of his own son, Charles Doty, to 
 the office of paying pensioners in the Territory, knowing that he was a minor in his nine-, 
 teenth year, contrary to the laws of the United States." 
 
 The letter further .states that "petitions from the people in every county, numerously 
 signed, have been sent to your Excellency, urging the removal of Gov. Doty from office. 
 These petitions, sir, emanate from the people without respect to either of the great parties 
 of the country, and show that a large majority of the voters of the Territory desire the 
 removal of the Governor." 
 
 A. popular representative Democratic assemblage convened at Madison on the twenty- 
 second day of March, to the number of nearly one hundred, appointed at primary 
 meetings. Tliei-e wei'e in attendance from Brown coiinty 5 delegates, Crawford 3, Dane 
 25, Fond du Lac 1, Grant H, Green 5, Iowa 18, Jefferson 1, Milwaukee 17, Racine 5, Rock 3, 
 Sauk 4 and Walworth 9. Total 98. 
 
 The convention resolved " That we view with feelings of surprise and disgust, the recent 
 attempts on the part of the Governor to destroy the powers which by the free and honest 
 suffrages of the citizens of Wisconsin were entrusted to the members of the fourth 
 Legislature." 
 
 Also " That the history of the present Governor of this Territory is a history of re- 
 peated injuries and usurpations, all having in direct object the establishment of an abso- 
 lute tyranny over the people of Wisconsin." 
 
 The Governor was not removed by the President. 
 
 On the tenth day of December both houses adjourned 
 until the last Monday in January, 1843, at 12 o'clock M. 
 
 An act "making appropriations for the civil and dij)lomatic 
 expenses of government for the half calendar year ending 
 the thirtieth day of June, 1843," which was passed Decem- 
 ber 24, 1842, contained an appropriation of $19,275 for the ex- 
 penses of the Legislative Assembly. 
 
 On the 30th of January, which was the fourth Monday, 
 the Governor issued a proclamation for a special session of 
 the Legislative Assembly. 
 
 It recited that no appropriation had been made for a ses- 
 
TERRITORY OF WISCONSIN IN. 1843. 399 
 
 sion to be held on the first Monday of December, and that 
 an appropriation of $19^275 was made on the 24:th of De- 
 cember; and that it was provided by law that the Governor 
 might appoint special sessions which should not exceed 
 twenty days and that a majority of the members had de- 
 clared 
 
 " That there were many important subjects deeply affecting the interests of the people 
 upon which they are now anxiously desiring legislative action." 
 
 Therefore, he appointed a special ssssion of the Legisla- 
 tive Assembly to be held on Monday, the sixth day of March 
 next, at twelve o'clock M. 
 
 The House of Representatives met on Monday, the 30th 
 of January, the day to which both houses had adjourned, 
 but in the Council no quorum was present until Saturday, 
 the 4th of February. 
 
 On that day a joint committee was appointed to wait upon 
 the Governor, and inform him that the two houses were in 
 session pursuant to their adjournment, and ready to receive 
 any communication which he might be pleased to make. 
 The committee immediately reported that they had 
 
 "Discharged the duty imposed upon them, and were informed by his Excellency that he 
 was still of the opinion he had formerly expressed, and had no communication to make to 
 the Legislative Assembly, except a copy of his proclamation convening the Legislature on 
 the Cth day of March next, which he requested your committee to lay before the Legisla- 
 ture." 
 
 Joint resolutions were then adopted, unanimously in the 
 Council, and by a vote of 11 to G in the House, which, after 
 reciting in detail all that had previously occurred in refer- 
 ence to the efforts of the two houses to hold a session of the 
 Legislature and of the Governor to prevent it, concluded as 
 follows : 
 
 " Resolved, That the Congress of the United States be requested to provide, by law, for 
 the election of Governor by the people of the Territory. 
 
 Resolved, That the only reason heretofore assigned by the Governor, for refusing to 
 meet the Legislature, having been removed by the appropriation of 24th December last, 
 leaves no other excuse for his singular and unwarrantable conduct, than such as can be 
 found in his determination to prevent all legislation, and sacriiice for his own private pur- 
 poses, the welfare of the Territory and the interests of the people. 
 
 Resolved, That the conduct of Gov. Doty, in again refusing to meet the Legislature, after 
 he has been officially informed that an appropriation has been made by Congress to defray 
 its expenses, is another evidence of his violation of law, and utter disregard of the duties 
 of bis station, and of the wishes and interests of thd people. 
 
 Resolved, That a copy of the foregoing preamble and resolutions be forwarded to the 
 President of the United States, and to the presiding officers of the Senate and House of 
 Representatives of Congress." 
 
400 HISTORY t)F THE TERRITORY OF WISCONSIN. 
 
 A joint resolution was then offered in the Council by Mr. 
 Crocker, with a preamble reciting the reasons, and con- 
 cluding that inasmuch as the Governor had refused to co- 
 operate with the Legislature, it was advisable to adjourn to 
 meet on the 6th day of March next. 
 
 To this Mr. Whiton offered an amendment — 
 
 "That the Legislative Assembly will now proceed to discharge its duties without regard 
 to any covirse that has been or may be pursued by the Governor." 
 
 This amendment was supported by Messrs. La'Chapelle, 
 Whiton and Strong, but was not carried, and the resolu- 
 tion offered by Mr. Crocker was adopted by the Council 
 and concurred in by the House, and on the 6th of February 
 both houses adjourned to meet on the 6th March at 10 
 o'clock, A. M. 
 
 Both houses assembled on the 6th of March, there being 
 a full attendance of members in each. 
 
 There was some discrepancy in the hour of assembling, as 
 specified in the resolution of adjournment and as prescribed 
 by the Gov ernor's proclamation. By the former the hour 
 was fixed at 10 o'clock A. M., and by the latter at 12 M. 
 
 The journal of the Council stated that it "met pursuant to 
 adjournment" and that of the House stated that it "was 
 called to order at 10 o'clock A. M. by the Speaker." 
 
 A resolution was offered in the House — 
 
 "That a committee be appointed to act jointly with a committee on the part of the Coun- 
 cil, to wait upon the Governor and inform him that quorums of the two houses have 
 assembled, and that they are now ready to receive any communication he may be pleased 
 to make to them." 
 
 Motions were successively made to lie on the table until 
 after 12 o'clock M., to adjourn until 12 o'clock M., to insert 
 after the word "assembled" the words "pursuant to his 
 proclamation," and also to insert the words "again pursuant 
 to adjournment," but they were all lost, and the resolution 
 as originally introduced was adopted and concurred in by 
 the Council. The committee was appointed and immedi- 
 ately reported to the Council that they had performed the 
 duty assigned them, and were informed by his Excellency 
 that he would send a written message to each house at 2 
 o'clock, to which hour both houses adjourned. 
 
 The message of the Governor, after opening with a state- 
 ment of his reasons for appointing a special session of the 
 Legislature contained a sentence the ambiguity of which 
 was the occasion of severe censure in both houses. 
 
TERRITORY OF WISCONSIN IN 1843. 401 
 
 In the Council, Mr. Crocker, the chairman of the com- 
 mittee to wait on the Governor; when the message had been 
 read, called the attention of the Council to a passage in it, 
 which he said 
 
 "The author must know, which every member of the committee knows, and which ho 
 would now assure the Council was entirely false." The passage is in these words: "I there- 
 fore meet you on this occasion, being mformed by your committee that the two houses are 
 convened for the purpose of holding a special session." 
 
 "This allusion of the Governor to the information which he derived from the joint com- 
 mittee who waited upon him," Mr. Crocker pronounced to be "an unqualified falsehood, 
 and in this declaration he knew he would be sustained by every member of the com- 
 mittee." 
 
 No further notice was taken of the matter in the Council. 
 
 In the House the message was referred to a select com- 
 mittee of which Dr. Darling was chairman, who reported 
 that the discrepancy of statement between the Governor and 
 the committee 
 
 "Must have arisen from an error of punctuation in the reading of the message by the 
 clerk" ***** "The idea intended to be conveyed by his Excellency in tliis pas- 
 sage might have been that the committee merely communicated the fact, that the two 
 houses had now convened, and that 7te,' therefore, met them for the purpose of holding a 
 special session." 
 
 The report of the committee states that this conclusion is 
 confirmed by 
 
 "The fact that the Governor must have known that the Assembly adjourned from the 6th 
 day of February to meet again on the 6th day of March, at a previous hour to the one 
 named in the px'oclamation and consequently had not met under that proclamation." 
 
 This charitable excuse for the offensive passage was not 
 satisfactory to a large minority of the members of the House, 
 and Mr. Elmore, a member of the committee to wait on the 
 Governor, offered a preamble which recited the facts, and 
 the following resolutions : 
 
 " Resolved, That the statement made by the Governor of ' his being informed lay your 
 committee that the two Houses are now convened for the purpose of holding a special 
 session' is wholly unwarranted and without excuse. 
 
 " Resolved, That the message of the Governor be prefaced with the foregoing preamble 
 and resolution." 
 
 On motion of Mr. Darlixpt the preamble and resolutions 
 were indefinitely postponed by a vole of 14 to 10. 
 
 The message recommended the submission to the people 
 of the question of the adoption of a State government, and 
 that a law should be passed authorizing a vote to be an- 
 nually taken upon the question. 
 26 
 
402 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 The adjustment and payment of the Territorial debt, 
 economy in pubhc expenditures, reduction in the fees of of- 
 ficers, expense of courts, and of town and county govern- 
 ment, reform in the system of taxation, and a reduction of 
 the cost of pubhc printing were recommended. 
 
 The distributive share of Wisconsin of the net proceeds of 
 the pubhc lands was stated to have amounted, June 1, 1842, 
 to $1,082.45, and the application of it to the repairs which 
 are required on the Territorial roads leading west from 
 Astor, Milwaukee, Racine, and South port was recommended. 
 
 The improvement of the navigation of the Wisconsin 
 River and the establishment of a Territorial road from 
 Prairie du Chien, by the mills on the Black and Chippewa 
 rivers to the shores of Lake Superior, at the mouth of the 
 Montreal River, comprised the measures recommended by 
 the message, with the concluding advice — 
 
 "That we should hold a short term and confine our labors chiefly to the amendment of 
 the laws now in force rather than the enactment of new ones." 
 
 The several parts of the Governor's message were referred 
 to appropriate committees in both houses; the customary 
 communications between the two houses and the Governor 
 had been made; on the 7th inst., a joint resolution to 
 authorize the purchase of stationery was presented to the 
 Governor for his approval, which on the 10th of March in a 
 message dated the 9th, was returned to the House with his 
 objections, which were confined to its expediency, and 
 everything indicated that entire harmony existed in the 
 official relations between the Governor and the Legis- 
 lature. 
 
 The conflicts as to whether the session was a " special " or 
 an " adjourned" one, were dying away; a motion to amend 
 the journal of the Council of the Gth of March by striking 
 out the words " the Council met pursuant to adjournment " 
 and inserting in lieu thereof the words " the Council was 
 called to order at ten o'clock A. M., by the President," had 
 been adopted, and both houses appeared to be in the full 
 tide of co-operative legislative work. 
 
 But a new movement of the Governor within one short 
 week of the commencement of this session of ambiguous 
 origin, was now to destroy this harmony and again renew 
 the contest between him and the representatives of the 
 people. 
 
TERRITORY OF WISCONSIN IN 1843. 403 
 
 On the 13th of March, the Governor returned without his 
 approval to the Housie of Representatives, in which it origi- 
 nated, a bill to amend a ferry charter. The message did 
 not state any objections to the bill itself, but says: 
 
 " When I met you on the 0th instant I stated in my message that it was for the purpose 
 of holding a special session. It appears by your journals that you are holding a session 
 which commenced on the first Monday in December last, and which has continued to the 
 present time by adjournment or otherwise. 
 
 " I met you on the sixth to hold a term which is styled by the law a ' sjiecial session,' 
 and I can take no part or lot in any other. ********** 
 
 " I therefore return the bill and must decline receiving it or any other bill until advised 
 that the members are holding the ' special session ' appointed by the proclamation of the 
 31st of January last." 
 
 The two houses continued during the whole of that week 
 their ordinary work of legislation. 
 
 The following report of the committee on enrollment pre- 
 sented March 17, by Mr. Whiton, the chairman, gives a cor- 
 rect idea of the official relations between the Governor and 
 the Legislature. 
 
 "The committee on enrollment report, that the said committee did, on this day, present 
 to his Excellency, the Governor, for his approval, a bill entitled 'An act to annex certain 
 fractions or lots of land in the town of Rock, in the county of Rock.' That his Excellency 
 immediately took the bill from the table, where it had been placed by the chairman of 
 the committee, and placed it in the hat of the chairman, and said : ' I must decline to 
 receive it.' The chaii-man then asked his Excellency if he could leave it. His Excellency 
 answered, ' No, you can not leave it.' The chairman then said, ' Tlie bill has been pre- 
 sented.' His Excellency then replied, " Yes, the bill has been presented.' The committee 
 then retired with the bill in the hat of the chairman, where it had been placed by his Ex- 
 cellency. 
 
 All of which is respectfully submitted. 
 
 Edward V. Whiton, 
 
 H. Crocker, 
 
 Robert BI. Long, 
 
 John M. Capron. 
 
 John H. Manahan." 
 
 On the 17tli of March the House adopted the following 
 joint resolution, by a vote of 20 to G : 
 
 " That a committee of three from each house be appointed to confer with the executive 
 relative to the disagreement between the executive and Legislative Assembly." 
 
 In the Council on the same day the resolution was re- 
 jected by a vote of 8 to 5. 
 
 On the 18th of March, a preamble and resolution were 
 offered by Mr. Martin, which after slight verbal amend- 
 ments were adopted by the Council in the following terms : 
 
 Whereas, The Governor of the Territory has informed the two houses of the Legislative 
 Assembly, that he declines any further commimication with them until advised that the 
 
404 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 members are holding the special session appointed by the proclamation of the 31st of 
 January last ; and 
 
 '■Whereas, The public good imperiously demands the enactment of various laws at the 
 present time, and more especially such laws as may have a tendency to relieve the people 
 of the Territory from the evils vi'hich now exist in consequence of the accumulation of 
 power in the hands of the present executive ; 
 
 " The Legislative Assembly, therefore, for the sole purpose of satisfying the scruples of the 
 Governor, and thereby enabling all the branches of the Legislature to proceed harmoni- 
 ously in the business of their session; yet protesting against the right of the executive to 
 demand the information sought, and declaring that the resolutions hereto annexed 
 shaU not be taken or considered as expressing the opinions of the members of the Assem- 
 bly in regard to the question ' Whether the present is an adjourned or a special session ? ' 
 resolves as follows : 
 
 " Resolved, The House of Representatives concurring : 
 
 "1st. That the Legislative Assembly is now holding the ' special session appointed by 
 the proclamation of the Governor, dated January 31st, 1843.' 
 
 " 2d. That the present officers of the two houses shall continue in office until further order 
 of their respective houses ; and the presiding officer of each house is hereby authorized to 
 make such alteration in the journal of the proceedings of the 6th of March inst., kept by 
 thsm respectively, as shall make it correspond with the resolution first above written. 
 
 " 3. That the committee on enrollment be directed to communicate to the Governor the 
 information expressed in these resolutions." 
 
 After the passage of these resolutions and their trans- 
 mission to the House, the Council took a recess to await 
 the action of the House. 
 
 The House concurred in the resolutions by a vote of 13 
 to 11, and at 9 o'clock P. M, the result was announced to 
 the Council by the President, who then resigned his office, 
 saying — 
 
 "I cannot make the alterations which the resolutions require me to without becoming 
 the instrument of the Council in placing upon the journal what I deem to be a falsehood, 
 and of making myself appear in the character of an usm'per of authority that I did not 
 possess. Neither of these things can I consent to do. It appears to me therefore that the 
 only course left for me to pm-sue is to resign to your hands the office you have conferred 
 upon me." 
 
 On Monday, the 20th March, Morgan L. Martin was 
 elected President, but it does not appear from the printed 
 journal that any alteration to it was ever made. 
 
 On the same day the Governor sent to each house a mes- 
 sage as follows — 
 
 "I have the ho-.^r to acknowledge the receipt this morning o^ a joint resolution of the 
 Assembly passed on the 18th inst., relative to the present session of the Assembly, and to 
 express my entire willingness to co-operate with the Council and House of Representatives 
 in the dispatch of the public business. 
 
 Executive Depahtment, Madison, March 20, 1843. J. D. Doty." 
 
 The thirty days to which the special session was limited 
 by law would expire on the 25th of Ma,rch, and it only re- 
 
TERRITORY OF WISCONSIN IN 1843. 405 
 
 mained to provide for the contingency now quite certain to 
 occur, that the expiration of the time would find the busi- 
 ness of the session unfinislied. 
 
 For that purpose a biU had been introduced in the Coun- 
 cil on the 13th of March and passed on the IGth. It passed 
 the House on the 20th, and was approved by the Governor 
 on the 23d. 
 
 The act provided that the session then being held should 
 terminate on the 25th of March, and that there should be a 
 session held at the Capitol to commence on the 27th day of 
 March, at 10 o'clock A. M., which should continue until ter- 
 minated by joint resolution of the Assembly, at which the 
 Council and House of Representatives might proceed to 
 complete the unfinished business remaining in their respec- 
 tive houses at the termination of the session then being 
 held. 
 
 A joint resolution was adopted on the 23d March, that the 
 session to commence on the 27th March, should terminate 
 on or before the 17th April. 
 
 Both houses formally adjourned their sessions sine die on 
 the 25th March, and re-assembled on the 27th, and a resolu- 
 tion was passed in each house, that the organization of the 
 last session stand for the present session and that all the 
 officers then chosen be continued for this session. 
 
 A joint committee was appointed to wait on the Governor 
 who immediately sent to each house a brief message, which 
 
 "Invited attention to the various subjects presented in his message of the Gth instant 
 which had not already received their consideration and renewed his assurance that he 
 should cheerfully co-operate with the Assembly in aU such measures as might be proposed 
 for the public good, and upon which by the acts of Congress we have the right to legislate." 
 
 The Governor said in conclusion — 
 
 "I avail myself of the occasion to remark that I consider the appointment of civil officers 
 of the Territory by the Council and House of Representatives the exercise of an authority 
 not granted by the acts of Congress, and being an encroachment upon the powers of the 
 Executive it will become my duty to resist it by such means as the consfcitution has provided 
 for the Executive to protect itself." 
 
 John V. Ingeesoll resigned the office of Secretary of the 
 Council and John P. Sheldon was appointed as his suc- 
 cessor. 
 
 Notwithstanding the embarrassments which the Legis- 
 lative Assembly encountered from the causes already 
 stated, quite a number of laws were passed, which were 
 regarded by the members as of importance to the Terri- 
 
40G HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 tory. Many of these were passed by two thirds of each 
 house, after having been returned by the Governor without 
 his approval. 
 
 It had been found that the time allowed by law (one 
 week) for holding court in Walworth county, where the 
 Territorial suits were pending, was not long enough to admit 
 of the trial of those cases, and the time was extended at 
 this session to three weeks. 
 
 An act was also passed over the Governor's veto to provide 
 for the election by joint ballot of the Council and House of 
 Representatives, of an agent of the Legislative Assembly to 
 be styled "Superintendent of Territorial Property." The 
 act provided that all the duties which devolved by law 
 upon the commissioner of public buildings and those which 
 devolved by law upon the librarian, should devolve upon 
 and be performed by the Superintendent of Territorial 
 Property. John Y. Smith was elected superintendent under 
 this law. 
 
 It was by the act made the duty of this new officer 
 to bring to as speedy a termination as possible the several 
 suits pending in favor of the Territory in the county of 
 Walworth, and he was vested with full power and authority 
 to compromise, settle, and discharge said suits. 
 
 The board of commissioners of Dane county submitted to 
 the Legislative i^.ssembly a proposition to put a new roof 
 upon the Capitol in consideration of being permitted to use 
 suitable rooms in it as offices for county purposes; where- 
 upon an act was passed authorizing the superintendent to 
 contract with the county to that effect. 
 
 Under these laws the principal duties devolved upon the 
 " superintendent " as successor of the commissioner were 
 such as related to the Territorial suits and the care of the 
 Capitol. 
 
 In relation to the Capitol, Baxter claimed that he had 
 completed his contract and that a large amount was due to 
 him for extra work, which the Superintendent was not au- 
 thorized to adjust, much less to pay, and which could only 
 be settled by the Legislature, and which they were annually 
 called upon to investigate for a series of years. 
 
 In pursuance of the provisions of the foregoing act a 
 contract was made with the commissioners of Dane county, 
 for new shingling the roof of the Capitol and covering the 
 
TERRITORY OF WISCONSIN IN 1843. 407 
 
 hips of the main roof with sheet lead, in consideration of 
 which the use of suitable rooms in the Capitol as offices for 
 county purposes was granted to the county. 
 
 The county officers also by the authority of the Superin- 
 tendent did additional work to the amount of l-tSo in re- tin- 
 ning the dome and finishing the back piazza, with the under- 
 standing that the Legislature would be at perfect liberty to 
 pay the expense or not. 
 
 In relation to the Territorial suits the report of the super- 
 intendent makes the following statements: 
 
 " Tlie suit against tlie building commissioners, J. D. Doty, John F. O'Neill, xVugustus 
 A. Bird, and their sureties, came on for trial at the April term, 1843, for Walworth county. 
 
 " The substance of the evidence on the part of the Territory was, that the defendants had 
 received from the Treasury of the United States, by authority from the Territory, forty 
 thousand dollars, wliich they were bound to expend according to the provisions of law, 
 in the erection of the Capitol at Madison. It was also shown in evidence by two of the 
 most competent builders in the Territory, that up to the time the work was taken out of the 
 hands of these commissioners, there could not have been expended upon the building to 
 exceed eighteen or nineteen thousand dollars, making sufficient allowance for the circum- 
 stances under which the work was commenced and i^rosecuted. It was further shown that 
 the money had been expended for other purposes than l)uilding the Capitol. 
 
 " The evidence chiefly relied on by the defense, and, indeed, the only evidence having 
 any bearing on the case so far as related to the first $30,000, was a memorial to Congress, 
 adopted by the Legislature of the Territory, asking for an additional appropriation of 
 $20,000 to complete the building. 
 
 " This memoi-ial contains what was claimed to be a tacit admission that the money had 
 been properly expended according to law, in the following extract: 'These commis- 
 sioners, in the exercise of the authority vested in them, immediately proceeded in the 
 performance of the dutie^ assigned to them, having, however, at the outset, difficulties of 
 no ordinary nature to contend with, arising from the scarcity of the proper materials, and 
 the scarcity also of meihanics and laborers — the former of which could not be piu'chased, 
 and the latter not employed but at very high prices. At a great but not unreasonable ex- 
 pense (taking the situation and resources of the Territory into consideration), the public 
 buildings were commenced, and have progressed as far as, under the pressure of adverse 
 rcicumstances, could reasonably have been anticipated.' 
 
 "The following resolution adopted by both houses of the Assembly at the same session, 
 but a few days after the adoptjon of the memorial, shows in express language that the 
 Legislature did not intend to justify the commissioners in any of their acts — 
 
 'Resolved by the Council and House of Representatives of the Territory of Wisconsin, 
 that the report of the commissioners appointed to agree upon a plan of the public build- 
 ings and to superintend the erection of the same at I\Iadison, dated at Mineral Point 
 November 29, 1837, be approved ; provided, that nothing herein contained shall go to excuse 
 the commissioners for any misconduct or for acting contrary to the act above recited.' 
 
 "I have made these extracts," the superintendent in his report continues, "for the pur- 
 pose of presenting a condensed view of the nature of the evidence which ]irocured, or 
 rather furnished an excuse for a verdict against the Territory, in oi-der that the Legisla- 
 ture may be better able to judge as to the propriety of further prosecuting those suits. 
 
 "There was no definite testimony of any sort to show what disposition had been made of 
 the second appropriation of $20,000. One of the witnesses (Mr. Morrison) stated in gen- 
 
408 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 eral terms that certain items of work and materials cost him certain sums; when asked 
 how much had been paid him by the commissioners on his contract he declined giving an 
 answer, and was excused by the court from doing so. 
 
 "With this view of the testimony, which I believe is fairly stated, it may appear strange to 
 any one unacquainted with other circumstances attending the trial that such a verdict 
 should have been rendered, but to every one present at the Walworth court in April last, it 
 must have been apparent that no amount of testimony nor any array of professional 
 talent could possibly have produced a different result from the jury wh'ch tried the 
 cause." 
 
 "From an examination of the list of jurors summoned for that term of court, it was 
 manifest that there had been foul play, and that the jury had been selected to meet the 
 emergency. Of the thirty-six jurors drawn for that term of the court, all but three or four 
 were attached to the political party known to be, in that county, particularly favorable 
 to the executive of the Territory, and the whole seventy-two selected for the year, were 
 about in the same proportion. 
 
 "When the case was called for trial, it was found that but about half the full panel of ju- 
 rors were present. The counsel for the Territory insisted that the panel should be filled, 
 before drawing from the box, which was refused by the court. Several of the jurors were 
 put upon their voire dire, who uniformly swore that they had not formed or expressed 
 any opinion in relation to the case. In the case of one of these jurors it was proven in 
 court, in the face of his oath to the contrary, that he had repeatedly expressed such an 
 opinion; and the same might have been proven of some others, who testified upon their 
 voire dire , but owing to the limited number of jurors present, the counsel for the Territory 
 did not deem it prudent. It is also a fact that at least half the jury who tried the case 
 boarded, during the four days occupied in the trial, with one of the defendants (Governor 
 Doty) at a private house; and I am creditably informed that some of them changed their 
 boarding places and took lodgings with his Excellency after they were sworn upon the 
 jury." 
 
 ' ' The counsel for the Ten-itory moved for a new trial, on the ground that the verdict 
 was contrary to law and evidence ; which motion was sustained, and a new trial ordered, 
 on condition that the Territoi-y pay the costs already incurred, instanter, and in less than 
 twenty-four hours after this decision was made, judgment was entered against the Terri- 
 tory for costs in consequence of the order of the previous day not having been complied 
 with. The costs amounted to $150, and no provision has been made by the Legislature to 
 meet such an emergency. 
 
 " The case has been brought up to the Supreme Court, by vn-it of error. The defendants 
 at the July term of the Supreme Coiu-t, alleged a defect in the records, and obtained an 
 order to perfect the same, which prevented the case being argued at that term of the court. 
 It is the opinion of good judges of law that there are strong points of error in the case, and 
 that an order for a new trial is sure to be obtained." 
 
 Baxter presented his claim against the Territory, and the 
 whole subject, together with that of the bonds issued, for 
 the completion of the Capitol, was referred to a joint com- 
 mittee, who submitted the following propositions for con- 
 sideration : 
 
 " First. To abandon forever the purpose of ever having, building, or finishing a capitol 
 at Madison. 
 " Second. To change the place of meeting of the Legislature to Prairie du Chien, Green 
 
TERRITORY OF WISCONSIN IN 1843. 409 
 
 Bay, or Milwaukee, or wherever buildings and accommodations might be had free of ex- 
 pense to the Territory. 
 
 "Third. To settle, on as reasonable terms as possible, with Baxter, and dissolve by 
 mutual consent, and cancel the contract for finishing the capitol. 
 
 " Fourth. To raise a revenue from the several counties which will be sufficient m a short 
 time to redeem the bonds, and abolish the office of Attorney-General as a useless burden 
 to the Territory, and apply the salary appertaining to that office to the liquidation of said 
 bonds. 
 
 " Fifth. To authorize the Superintendent of Territorial Property to commence suit 
 forthwith against James Morrison, to recover the money now in his hands belonging to 
 the Territory." 
 
 No action was taken in relation to either of these proposi- 
 tions except the third, as to which a resolution was adopted 
 by both houses — 
 
 " That a joint committee of two from each house be ai:)poiuted to settle with Daniel 
 Baxter for worlv done on the capitol." 
 
 The committee submitted a report, but it did not result in 
 any action by the Legislature. 
 
 Mr. Capron, of Walworth county, on the 12th of April — 
 two days before the close of the session — offered a resolution, 
 
 " That be and they are hereby appointed commissioners to exam- 
 ine and finally settle the accounts, vouchers, and all claims and matters in dispute, in rela- 
 tion to the public buildings at Madison, between the Territory of Wisconsin and James D. 
 Doty and his sureties, and John F. O'Neill, A. A. Bird, James Morrison and Daniel 
 Baxter and his sureties, or with either of said parties, and that the commissioners report 
 the result of their proceedings to the Legislature at the next session." 
 
 The resolution was laid on the table and not called up 
 during the remaining two days of the session. 
 
 The librarian appointed by the Governor was his broth- 
 er-in-law, Mr. Barlow Shackelford, who seems to have be- 
 come involved in a conflict with the Legislature. 
 
 His predecessor, Mr. Lull, contracted with Messrs. J. & L. 
 Ward for the stationery for the use of the Legislature for 
 the year 1842-3, as it was his duty by law to do, and it ap- 
 pears to have come to the possession of Mr. Shackelford 
 before the first of February, 1843. The law made it the duty 
 of the librarian to deliver the stationery to the Secretary of 
 the Council and Clerk of the House. But on that day in 
 reply to a request from the Clerk for the delivery of the 
 stationery for the use of the House, the librarian replied 
 that he had just received word from Mr. Ward not to de- 
 liver the stationery until the commencement of a legal 
 session of the Legislature, and that none could be delivered 
 at present. 
 
 The Clerk reported the facts to the House which appointed 
 
410 HISTORY OF THE TEREITORY OF WISCONSIN. 
 
 a committee to examine the library and ascertain the facts 
 in relation to the stationery. 
 
 The committee on the second of February addressed a 
 letter to the librarian enclosing a copy of the resolution, and 
 inquiring when it would be convenient for him that they 
 should proceed to examine the library and to answer the 
 inquiries made by the resolution. 
 
 To this letter the librarian made the following reply: 
 
 Madison, February 3, 1843. 
 " To Messrs. Hamilton, Darling and Hunkin.s: 
 
 Gentlemen: Your favor of 2nd inst. has been received. In which you desire to be in- 
 formed when it will be convenient for me that you should proceed to examine the library^ 
 and hand you an answer, etc. 
 
 In reply, I have only to say that it will afford me great pleasure and be entirely conven- 
 ient to give the information desired on the sixth day of March, eighteen hundred and 
 forty-three. I am with great respect, 
 
 B. Shackelford, 
 
 Librarian." 
 
 The Legislative Assembly on the 7th of March, passed a 
 joint resolution 
 
 " That the Secretary of the Council and Chief Clerk of the House of Representatives be 
 authorized to purchase the stationery necessary for the use of the Legislature during the 
 present session." 
 
 The resolution was sent to the Governor for his approval, 
 and on the 10th of March he returned it to the House with his 
 objections, and on the same day it passed the House by a 
 vote of 23 to 1 (Mr. Palmer in the negative). Absent, 
 Messrs. Agry and Manahan. It passed the Council by 12 
 to 0. Absent, Mr. Dewey. 
 
 The auditor appointed by Governor Doty was Mr. Julius 
 T. Clark. He had been suffered to use for his ofhce one of 
 the committee rooms of the Capitol. 
 
 Mr. Clark being unwilling to vacate the room the House 
 passed a resolution 
 
 " That the Sergeant-at-Arms be directed to notify the Auditor that the exclusive use of 
 said room must be given to the use of the Legislative Assembly, and the key thereof placed 
 in the hands of the Sergeant-at-Arms." 
 
 This having been done, the Auditor on the same day ad- 
 dressed a communication to the House, which it character- 
 ized as " insolent." He stated that 
 
 '• Under ordinary circumstances he should not have hesitated to comply with a request 
 of the House covering the grounds embraced in the resolution ; but in this instance he was 
 constrained to believe that more was meant by the resolution than at first meets the eye." 
 
TERRITORY OF WISCONSIN IN 1843. 411 
 
 This latent meaning of the resolution the Auditor believed 
 to be, as he plainly intimated, that the House desired 
 
 "To remove the records and papers, etc., of his office from the room," and said he 
 deemed it his duty to guard them, and if such is the object, he said, " I do not feel at liberty 
 
 to surrender it (the room) ." 
 
 Thereupon the House by a vote of 15 to 7 adopted a 
 resolution 
 
 "That the Sergeantat-Arms be directed to remove the effects of the said Clark from tlie 
 said room and talce possession of tlie same for the use of the Legislature, peaceably if he 
 can, forciblij if he must." 
 
 It was found that force was necessary to obtain pos- 
 session of the room. 
 
 A resolution was adopted by the House on the Gth day of 
 December 
 
 "That the editors and reporters of the different newspapers pubHslied in the Territory 
 be allowed to occupy seats witliin the bar of this House." 
 
 Under this resolution the reporter of the Wisconsin En- 
 quirer, the reputed organ of Governor Doty, had occupied a 
 seat until the 24th of March. 
 
 Many complaints of the unfairness of his reports had from 
 time to time been made, and on that day Dr. Dapling of- 
 fered a preamble which recited specific instances of false re- 
 ports and suppressions, as well as slanders and libels of a 
 member of the House and a resolution 
 
 "That the reporter and editor of the Wisconsin Enquires- be expelled from scats 
 within the bar of this House." 
 
 The "preamble and resolutions were adopted in a full 
 House by a vote of 34 to 2, Messrs. Capron and Palmer 
 alone voting against them. 
 
 The recommendation of the Governor that .provision he 
 made by law for a vote of the people on the question of the 
 formation of State government did not meet with a favor- 
 able response by the Legislative Assembly. In the Council 
 no notice was taken of it except to refer it to a committee, 
 which made no report, and in the House a joint resolution 
 was introduced, which, after being amended, was indefi- 
 nitely postponed. 
 
 The Governor however on the 23rd of August, issued his 
 proclamation, reciting that as no provision had been made 
 by law for such vote — 
 
 "Therefore, in order that the public voice may not be stifled by this failure, but that it 
 may be clearly expressed to the Congress of the United States and the Legislatm-e of this 
 
412 
 
 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 Territory be thereby instructed, I do recommend to each of the inhabitants to deposit 
 •with the judges of the election precincts on the day of the general election, to-wit: the 
 fourth Monday of September next, a ballot with the word "yea" or "nay" thereon, as the 
 voter may be in favor of or against the formation of a permanent government for the 
 State of Wisconsin." 
 
 This proclamation of the Governor elicited less interest 
 than that of the previous year. Only five of the counties 
 which then made returns made any this year, while five 
 others made returns this year which made none the pre- 
 ceding year. The total vote was only 1,817, although the 
 total vote of the Territory for delegate was over eight 
 thousand. 
 
 The following table shows the vote as returned — 
 
 Counties. 
 
 Brown 
 
 Dane and Sauk 
 Fond du Lac... 
 
 Iowa 
 
 Manitowoc 
 
 Milwaukee 
 
 Rock 
 
 Walworth 
 
 Washington 
 
 Winnebago — 
 Totals.... 
 
 Against. 
 
 110 
 
 21 
 
 35 
 
 563 
 
 6 
 
 169 
 
 158 
 
 175 
 
 10 
 
 30 
 
 1,276 
 
 This inharmonious session of the Legislature called out 
 from the Governor ten vetoes of its acts and joint resolutions; 
 being more than one sixth of the whole number passed, of 
 which all but two were on re-consideration passed by two 
 thirds of each house. 
 
 Of these vetoed measures, incidental mention has already 
 been made of the joint resolution authorizing the purchase 
 of stationery; of the bill to amend a ferry charter, the vote 
 on the reconsideration of which was 10 to 2 in the Council 
 and 19 to 6 in the House, and of the bill to elect a superin- 
 tendent of territorial property, which on re-consideration 
 received the votes of every member of the Council (13) 
 while in the House the vote was 24 to 2. 
 
 The other seven of these measures with the vote in each 
 House on re-consideration were as follows: 
 
TERRITORY OF WISCONSIN IN 1843. 413 
 
 " An act to abolish certain offices therein named," (Laws 
 of 1843, p. 28) — vote in Council 10 to 2; in House 17 to 8. 
 
 " An act to amend an act entitled 'an act to change the 
 time of holding courts in certain counties in the second 
 judicial district" (Laws of 1843, p. 73) — vote in Council 11 
 to 0; in the House 25 to 0. 
 
 "An act concerning removals from office." (Laws of 1843, 
 p. 7G.) Vote in Council, 9 to 1; in Housej 24 to 1. 
 
 "An act to provide for the payment of the expenses of the 
 Legislative Assembly." (Laws of 1843, p. 76.) Vote in Coun- 
 cil, 9 to 1 ; in House, 20 to 5. 
 
 " Joint resolutions relative to the distributive share of 
 Wisconsin in the net proceeds of the public lands." (Laws 
 of 1843, p. 84). Vote in Council, 8 to 3; in House, 21 to 4. 
 
 The two measures that did not pass over the vetoes, and 
 the votes thereon, were: 
 
 '"'An act to provide for the election of a Territorial printer." 
 The vote in the Council was 7 to 5, which, not being two 
 thirds, it was not sent to the House. 
 
 And "an act to amend an act to prevent trespass and 
 other injuries being done to the possessions of settlers on 
 public lands, and to define the right of possession on said 
 lands, approved January 4, 1842." The vote in the Council 
 was unanimous in favor of the passage on reconsideration, 
 but in the House the vote was 15 to 10 — not two thirds. 
 
 In compliance with a resolution of the Council, the Gov- 
 ernor, on the 30th of March, sent to the Council a copy of 
 the estimate submitted by him September 2G, 1842, to the 
 Register of the United States Treasury, of appropriations 
 for the support of the government of Wisconsin for the 
 half year ending June 30, 1843, and for the year ending June 
 30, 1844, which were referred to the committee on Territorial 
 affairs. 
 
 The next day Mr. Crocker, chairman of the committee 
 on Territorial affairs, submitted the report of that commit- 
 tee, which exposed some grave errors in the estimates of the 
 Governor. The estimates were in tabular form, and were 
 repeated separately for each of the two periods. They each 
 contained the following: 
 
 For pay of members, 75 days each, at $3 per day $6,750 00 
 
 Formileage 400 00 
 
 $7,150 00 
 
414 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 The committee call attention to the fact that there ai'e 39 members, and that 
 
 a correct estimate for 75 clays each, at $3 per day would be $8,775 00 
 
 That the act of Congress allows |3 for every twenty miles travel, that the amount 
 of mileage allowed at the present session is $1,035 80, and about the same sum 
 has been allowed at every session 1,035 SO 
 
 True sum for per diem and mileage of members $9,810 80 
 
 Deduct estimate of Governor 7,150 00 
 
 Under-estimate on these items $2,660 80 
 
 A difference for both periods of $5,321.60. 
 
 The estimates of the Governor were the guide of Con- 
 gress in the two appropriations of December 24, 1842, and 
 March 3, 1843, and the appropriations correspond Hterally 
 with the estimates. 
 
 There are other items in which the committee think the 
 estimates are too low, which may result from error in judg- 
 ment, but in reference to the items for mileage and pay of 
 members, they say — 
 
 "The committee would be happy, out of charity to his Excellency, to consider this error 
 as unintentional ou his part and the result of ignorance of the simjile rules of arithmetic. 
 They might adopt this conclusion had this error occurred but once, but when it occurs a 
 second time they can attribute it to no other intention or object on the part of his Excel- 
 lency than a desire to again plunge the Territory into all the difficulties attending expendi- 
 tures exceeding the appropriations. 
 
 "The committee cannot forbear to express their opinion that the attempt to mislead 
 the Treasury Department and thereby prevent the requisite appropriations by Congress, 
 is a part of the scheme devised by his Excellency to prevent as far as possible, the sessions 
 of the Legislative Assembly and involve in confusion and difficulty the financial affaii's of 
 the Territory. 
 
 'The committee would cheerfully avoid the necessity of speaking in terms of condemna- 
 tion of the Governor in this instance, having so often in the discharge of their duties as 
 members of the Legislature, been called upon to censure his official conduct. It is humili- 
 ating to the members of this body that they are so often compelled to hold up to the public 
 gaze the errors and imperfections of the Executive of their Territory, yet it is necessary 
 that they be exposed, that he may be prevented from committing similar offences in 
 future." 
 
 The annual report of the Territorial Treasurer (James 
 Morrison) was laid before the House of Representatives on 
 the 1st day of April, 1843. 
 
 It showed disbursements during a period extending from 
 September 18, 1841, to March 7, 1843, amounting in the ag- 
 gregate to $5,895.75, the means to pay which had been the 
 Territorial revenue from the several counties. 
 
 The Capitol Fund account showed that the Treasurer had received 
 from the United States $1 ,758.28 
 
TERRITORY OF WISCONSIN IN 1843. 415 
 
 That the expenses of collection were $42.03 
 
 Paid for fifteen bonds of $100 each, issued to Daniel Baxter and 
 
 interest I.TIOOO 
 
 Balance of specie on hand 0.'~;S 
 
 $1,758.28 
 
 That he had received from his predecessor ten of the Baxter bonds of 
 
 $100 each, and had then on hand $1,000 
 
 The system of levying and collecting Territorial reve- 
 nue was radically changed by the Legislature at this ses- 
 sion, by providing that there should be annually levied in 
 each county a Territorial tax of such per cent, on the assess- 
 ment roll as the Legislative Assembly shall have prescribed 
 at its next preceding annual session. 
 
 The rate prescribed for the year 1843, was three eights of 
 a mill on the dollar in Milwaukee, Racine, Jefferson and 
 Crawford counties, and five eights of a mill on the dollar in 
 all the other counties. 
 
 The President of the Council, on the 8th of March, called 
 Mr. Newland to the chair, and from the floor offered cer- 
 tain joint resolutions relative to the northwestern boundar}" 
 of the Territory. 
 
 The resolutions declared that the treaty commonly called 
 the "Ashburton treaty," concluded at Washington, August 
 Dth, 1842, between Daniel Webster and Lord Ashburton, 
 by the boundary therein defined from Lake Superior to the 
 Lake of the Woods, by the way of Pigeon river, surrenders 
 to the British government without the slighest equivalent, 
 the extensive tract of country lying between that boundary 
 and the water communication from Lake Superior to Rainy 
 Lake, by way of the Kamanistiquia River and the Long 
 Lake; which was clearly within the limits of the United 
 States as defined by the treaty of 1783, and within the limits 
 of the Territory of Wisconsin. 
 
 The resolutions specified other violations of the rights of 
 the people of Wisconsin by the treaty, and requested the 
 government of the United States by treaty with Great 
 Britain or otherwise to restore the boundary defined by the 
 treaty of 1783. 
 
 The temporary occupant of the chair decided that the 
 President had no right to offer resolutions as a member, and 
 that the resolutions were not in order. 
 
 From this decision Mr. Strong appealed, claiming that his 
 
 V 
 
416 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 election to the Presidency had not deprived him of any of 
 his rights as a member. 
 
 The decision of the chair was overruled and the resolu- 
 tions were received. They were considered at a subsequent 
 day, and indefinitely postponed. 
 
 One bill granting a divorce passed the House without a 
 division, but in the Council it was refused a third reading 
 by a vote of 4 to 8. 
 
 One bill was passed to change a person's name from 
 Henry Saunders Brown to Henry Brown Saunders. 
 
 The question of the division of Grant and Iowa counties, 
 and the creation of a new county, of which Platteville 
 should be the county seat, was one that excited much inter- 
 est in the localities immediately affected by it. 
 
 Numerous petitions were presented which were referred 
 to the committee on corporations, which reported that there 
 was a remonstrance of 1,398 names against any division of 
 said counties, and that the petitions in favor of the division 
 contained 1,147 names, leaving a majority of 251 against any 
 division, and a majority of the committee reported a resolu- 
 tion that the prayer of the petition be not granted and the 
 committee be discharged. 
 
 The minority of the committee submitted a report, in 
 which they concurred with the majority as to the division 
 of Iowa county, but introduced a bill for the division of 
 Grant county, which provided that the people should ap- 
 prove or disapprove of the same at the ballot box. 
 
 This bill was indefinitely pos^^poned by a vote of 16 to 9. 
 
 Mr. Platt (of Platteville) then offered a resolution that 
 the voters of Grant county, at the next general election, be 
 authorized to vote for or against a division of said county 
 from north to south. But the House refused to pass the res- 
 olution by a vote of 11 to 14. 
 
 By " an act relative to Dodge county" (laws of 1843, p. 54) 
 an election of a judge of probate was provided for. The 
 voters were also authorized to determine by ballot the place 
 at which the county commissioners should hold their ses- 
 sions, and thereafter the sessions of the county board should 
 bo held at the place so determined upon. 
 
 The fourth section of the act of January 9, 1840, which 
 authorized the holding of courts in the county of St. Croix 
 
TERRITORY OF WISCONSIN IN 1843. 417 
 
 was repealed, and the county was attached to the county of 
 Crawford. 
 
 A number of laws were passed creating and changing 
 the boundaries of towns. 
 
 These are stated as a matter of historical interest to the 
 different localities. 
 
 In Walworth county the original town of Troy embraced 
 town 4, ranges 17 and 18. It was divided, the west half be- 
 ing called Meacham and the east half retaining the name 
 of Troy. At the same session, in less than three weeks, 
 such was the dissatisfaction that another law was passed 
 giving to Meacham the name of Troy, and to Troy that of 
 East Troy. The towns of La'Fayette La'Grange and 
 Sharon in the same county were created. 
 
 In Milwaukee county the towns of Nemahbin and Ottawa 
 were organized. 
 
 In Rock county the towns of Johnstown and Fulton were or- 
 ganized; the north half of town three, range eleven, was an- 
 nexed to Union; fractional sections one and two lying north 
 and west of Rock River in town two, range twelve, were at- 
 tached to the town of Rock; five sections in the town of 
 Beloit were attached to the town of Clinton, and that part 
 of town three, range twelve, west of Rock River was an- 
 nexed to the town of Janesville. 
 
 In Jefferson county the town of Oakland was detached 
 from the town of Jefferson and organized separately, and 
 the north half of town 6, and the two southern tiers of sec- 
 tions in town 7, ranges 15 and 16, were annexed to the town 
 of Jefferson. 
 
 The county of Calumet was incorporated into one town 
 with the name of Manchester. 
 
 The county of Marquette was created into a town with 
 the name of Marquette. 
 
 The county of Winnebago was formed into one town, the 
 name of which was changed from Butte des Morts to Win- 
 nebago. 
 
 In Brown county the boundaries of the towns of Depere, 
 Green Bay and Kaukaulin were defined and prescribed. 
 
 In Racine county the town of Pike was organized out of 
 
 town 2, range 22, into a separate town; that part of the 
 
 town of Pleasant Prairie comprised in fractional town 1, 
 
 range 23 east, was annexed to the town of Southport; sec- 
 
 ■ 27 
 
418 HISTORY OF THE TERRITOEY OF WISCONSIN. 
 
 I 
 
 tion 31, town 3, range 22, was set off from the town of Paris 
 and annexed to the town of Mount Pleasant; and lot 5, in 
 section 9, town 3, range 23, was excluded from the village of 
 Racine. 
 
 Acts were passed authorizing the laying out and estab- 
 lishing eighteen different Territorial roads to and from the 
 several points named in such acts. 
 
 Acts were passed authorizing the construction of dams 
 on navigable rivers as follows: 
 
 On the Fox River in the county of Racine, on sections 2 
 and 11, tow^n 3, range 19, in the town of Rochester; and in 
 section 32, same town and range, in the town of Burlington. 
 
 On Rock River in section 36, town 3, range 12, in town of 
 Janesville, and on section 21 or 16 in town 4, range 12, in 
 the town of Fulton. 
 
 On the Milwaukee River, in section 23, town 9, range 21 
 east, in Washington county. 
 
 Also, amendments of laws heretofore passed, authorizing 
 dams on the Manitowoc and Menomonee rivers. 
 
 The trustees of the village of Racine were empowered to 
 levy and collect a special tax not exceeding five thousand 
 dollars annually, for three j^ears, for the purpose of con- 
 structing a harbor at the mouth of Root River. 
 
 Congress having authorized the Legislature to provide 
 by law that the offices of sheriffs, judges of probate, and 
 Justices of the peace might be made elective by the people, 
 an act was passed that there should be a general special 
 election on Monday, the first day of May, 1843, for the elec- 
 tion of those officers. 
 
 An act was passed to incorporate the Prairieville Manu- 
 facturing Compan}^, for the purpose of manufacturing flour 
 and other commodities for market. 
 
 The act passed in 1839 to incorporate " The State Bank of 
 Wisconsin" w^as repealed. 
 
 As showing the feeling of opposition to agitation of the 
 question of slavery, which then existed, mention is made of 
 the fact that a resolution granting the use of the Council 
 Chamber to the Rev. Mr. Matthews to deliver an anti- 
 slavery address, received but three vote^ (Messrs. Baker, 
 
TERRITORY OF WISCONSIN IN 1843. 4] 9 
 
 Crocker, and Hugunin), while the other ten members 
 all voted against it. A like resolution, granting the Repre- 
 sentatives' Hall for the same purpose, was the next day de- 
 feated in the House by a vote of 7 to 18. 
 
 The receivers of the Bank of Mineral Point, appointed in 
 1841, submitted their report to the court in January, 18-43, 
 which showed that nearly all the assets, consisting of liabil- 
 ities of foreign debtors, in Saint Louis, New York, and Bos- 
 ton, had been absorbed by attaching creditors, and that 
 there was little or nothing left for the less fortunate 
 creditors. 
 
 In the latter part of the year 1843, the village of Platte- 
 ville, was visited with that terrible scourge, the small pox, 
 in its most virulent form. Quite a number of its most prom- 
 inent citizens, in the full vigor of matured manhood, were 
 victims of the terrible disease, and in numerous instances 
 with fatal results. The whole number of cases was 153, of 
 which nine proved fatal. 
 
 Hon. Stevens T. Mason, the last Governor of the Terri- 
 tory of Michigan, while Wisconsin was under its juris- 
 diction, and the first Governor of the State of Michigan, 
 and whose name is inseparably connected with titles to lots 
 in the city of Madison, died in the city of New York on the 
 4th of Januar3% 1843, of suppressed scarlet fever, after a 
 sickness of four days. 
 
 The election for Delegate in Congress in 1843, w^as con- 
 ducted on party grounds, so far as nominations by party 
 conventions could make it political. 
 
 The Democratic convention assembled at Madison on the 
 10th of July, and placed in nomination General Henry 
 DoDGi-:, with entire unanimity. Marshall M. Strong, pre- 
 sided. 
 
 The Whig convention assembled at Madison on the 2oth 
 of July, and resulted in 27 votes for George W. Hickcox 
 and 17 votes for William S. Hamilton — Col. Hamilton 
 withdrew his name, and Gen. Hickcox was nominated 
 wnthout opposition. 
 
 The canvass w^as animated and resulted in 4,685 votes for 
 General Dodge and 3,184 for General Hickcox. 
 
420 
 
 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 The following is the official canvass in detail by counties: 
 
 Counties. 
 
 Brown 
 
 Calumet .... 
 Crawford ... 
 
 Dane 
 
 Dodge 
 
 Fond du Lac 
 
 Grant 
 
 Iowa 
 
 Jefferson 
 
 Manitowoc. . 
 Milwaukee . . 
 
 Portage 
 
 Racine 
 
 Rock 
 
 St. Croix.... 
 Sheboygan. . 
 "VVal worth . . . 
 Winne'bago . 
 Totals. 
 
 m 
 
 o 
 p 
 
 o 
 P 
 
 Ph 
 
 m 
 K 
 
 81 
 
 49 
 133 
 157 
 
 41 
 
 49 
 670 
 585 
 184 
 
 29 
 930 
 
 85 
 748 
 280 
 171 
 
 21 
 468 
 
 14 
 
 4,685 
 
 o 
 o 
 
 o 
 
 o 
 
 w 
 C 
 
 117 
 
 35 
 
 52 
 
 152 
 
 32 
 
 17 
 
 5G0 
 
 483 
 
 155 
 
 3 
 
 351 
 
 52 
 
 490 
 
 222 
 
 61 
 
 27 
 
 355 
 
 20 
 
 3,184 
 
 a 
 
 A 
 
 O 
 
 o 
 
 p. 
 
 e 
 
 O 
 >-5 
 
 11 
 
 115 
 
 11 
 12 
 
 a 
 
 
 153 
 
 19 
 
 25 
 
TERRITORY OF WISCONSIN IN 1844. 421 
 
 CHAPTER XXV. 
 
 TERRITORY OF WISCONSIN — 1844. 
 
 The legislation of the paternal government at the first ses- 
 sion of the twent^^-eighth Congress, between December, 1843, 
 and June, 1844, resulted in greater good to the Territory, than 
 that of any former session, or of all the three next preced- 
 ing it. 
 
 An appropriation of twenty thousand dollars was made 
 "for continuing the works at the harbor at Milwaukee, Wis- 
 consin" which had been commenced under an appropriation 
 made at the preceding session. This appropriation was 
 placed in the general river and harbor bill, which associa- 
 tion secured for it in the future its proper share of the fos- 
 tering care of the government, which might be bestowed 
 upon other works of a like character. 
 
 Two separate and special acts were also passed, each hav- 
 ing a single object. One appropriated twelve thousand five 
 hundred dollars "for the construction of a harbor at the 
 town of Southport" and the other appropriated a like sum 
 "to aid in the completion of a harbor already commenced by 
 the citizens of Eacine at the mouth of Root river.'' 
 
 The annual appropriation "for compensation and mileage 
 of the members of the Legislative Assembly, pay of their 
 clerk, librarian and superintendent of public buildings, print- 
 ing, stationery, fuel, lights, arrearages of previous sessions 
 and all other incidental and miscellaneous objects" was only 
 seventeen thousand two hundred and fifty dollars, that be- 
 ing the amount of the estimate furnished by the Governor. 
 This was for the fiscal year ending June oOtlo, 1845, and was 
 in the general civil and diplomatic appropriation bill. 
 
 Another act was passed of great importance to the town 
 of Potosi, and to the improvement of the approaches to the 
 banks of the Mississippi River, near that place. 
 
 Section 34, town 3, range 3 west, containing G40 acres of 
 valuable land, was one of the numerous tracts which had 
 been reserved from sale by the Government in consequence 
 of its supposed mineral character. Numerous settlements 
 had been made upon it, and a large portion of it, probably 
 
422 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 the whole, was " claimed" by " squatters," some claiming 
 only a small lot for a residence, and others, several acres, 
 and a large part of the town of Potosi was built upon it. 
 
 An act was passed, in conformity with a memorial of the 
 Legislative Assembly, granting this section to the Territory 
 " for the purpose of improving Grant River, known as the 
 Grant Slue at the town of Potosi." It provided that the land 
 should be surveyed and divided into lots and be sold and 
 disposed of in such manner, and under such regulations and 
 restrictions as the Legislature should establish; provided, 
 that pre-emption rights should be granted to actual settlers 
 and occupants. 
 
 This act was approved June 15, 1844, and practical effect 
 could not be given to it until the Legislative Assembly, at 
 its next session, should establish the necessary " regulations 
 and restrictions." 
 
 Another act was passed by Congress at the same time 
 which provided " that it should be competent to the Legis- 
 latures of the several Territories to re-adjust and apportion 
 the representation in the two branches of their respective 
 bodies, in such manner from time to time as may seem to 
 them just and proper. And that justices of the peace and 
 all general officers of the militia, in the several Territories, 
 shall be elected by the people in such manner as the respec- 
 tive legislatures thereof may provide." 
 
 The second session of the fourth Legislative Assembly 
 convened at Madison on the 4th of December, 1843. 
 
 There were two changes in the membership of the Coun- 
 cil and three in the House of Representatives. Messrs. 
 Heath and Hugunin, of Racine county, had resigned their 
 seats in the Council, and Marshall M. Strong and Michael 
 Frank were elected as their successors. 
 
 In the House, Col. Hamilton, of Iowa county, resigned, 
 and George Messersmith was elected to succeed him. 
 Messrs. Judson and Van Vliet, of Racine county, resigned, 
 and Levi Grant and Ezra Birchard were elected to fill the 
 vacancies. 
 
 In the Council all the members were present on the first 
 day except Dr. Barber of Jefferson who appeared on the 
 fourth. In the House there was a full attendance at the 
 opening of the session except that Mr. Hicks of Grant 
 
TERRITORY OF WISCONSIN IN 1S44. 423 
 
 county did not take liis seat until the 11th of December, and 
 Mr. Long of Iowa until the 5th of January. 
 
 In the Council, after a temporary organization, Marshall 
 M. Strong of Racine was elected President, Ben C. East- 
 man of Grant, Secretary, and Geo. C. S. Vail of Milwaukee, 
 Sergeant-at- Arms. 
 
 In the House George H. Walker of Milwaukee was ap- 
 pointed Speaker pro tern, on its assembling, and on the sec- 
 ond day was elected permanent Speaker. JohnCatlin was 
 re-elected Clerk, and John W. Trowbridge of Racine was 
 elected Sergeant-at- Arms. 
 
 Richard F. Cadle, who for several years had been a mis- 
 sionary of the Episcopal church at Green Bay, was elected 
 Chaplain of the Council, and Jesse L. Bennett was elected 
 Chaplain of the Housa 
 
 On the 2Gth of January, Mr. La'Chappelle of Crawford 
 county resigned his seat as a member of the Council. 
 
 Hon. Lewis P. Linn, senator in Congress from Missouri, 
 from 1833 until his death in 1843, had taken a lively and ef- 
 fective interest in every measure designed to promote the 
 interests of Wisconsin. 
 
 On the morning of the first day of the session, and before 
 the delivery of the Governor's message, the following reso- 
 lutions were adopted by the Council: 
 
 " Resolved, by the Council (if the House of Eepresentatives concur) that the Legisla- 
 tive Assembly of the Territory of Wisconsin have learned with feelings of deepest regret 
 the death of Hon. L. F. Linn, late a Senator in Congress from the State of Missouri; that 
 by his death his family have been deprived of a most affectionate and amiable head; 
 Congress of a true patriot and able statesman; his own stale of a most able and efficient 
 representative; the whole west of a firm and ever ready advocate of its best interests; 
 and the Territory of Wisconsin in particular of one who has been on all occasions its reso- 
 lute and devoted friend, and to whom it is deeply indebted for his zealous activity in its 
 behalf in the body of which he was a member. 
 
 " Resolved, that as a testimony of the respect which the Legislative Assembly entertain 
 for the memory of the Hon. Lewis F. Linn, both houses will immediately adjourn." 
 
 The Council then adjourned. 
 
 The resolutions were on the same day adopted by the 
 House of Representatives, which then immediately ad- 
 journed. 
 
 The Governor's message opened with the expression of 
 his opinion that 
 
 " The people, only in the exercise of their sovereign power as an independent State, can 
 correct the evils which appear to be incidental to this colonial form of government, in its 
 judicial, legislative nd executive departments." 
 
424 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 It next informs the Legislative Assembly of what they 
 already knew too well, that 
 
 "The appropriation by Congress for tlie fiscal year 1844, to defray the expenses of the 
 Assembly, will not allow a session to be held the usual term of seventy-five days," and 
 expresses " the hope that your present session may be as short as the public interests wUI 
 permit." 
 
 Attention is called to the indebtedness of the Territory 
 and provision for its payment recommended. 
 
 The revision of the laws in relation to taxation and the re- 
 duction of taxes are recommended. 
 
 The remainder of the message, being more than five sixths 
 of the whole of it, is devoted to the expression of the opin- 
 ions of the Governor, that the " Fifth State " to be formed 
 under the ordinance of 1787, has the right, notwithstanding 
 the action of Congress in the admission of Illinois and Mich- 
 igan into the Union, to insist that its southern boundary 
 shall be an east and west line running through the southern 
 bend or extreme of Lake Michigan ; to an able argument in 
 support of his opinions on that subject, and to the recom- 
 mendation of 
 
 " The passage of a law appointing a day for the free inhabitants of this district to vote 
 upon the question, whetlier a permanent government shall be formed according to the 
 articles of compact of 1787." 
 
 The message further says: 
 
 "There are now, it is admitted by every person acquainted with our settlements, more 
 than sixty thousand Inhabitants within the limits of this Territory; and within the Umits 
 fixed by the ordinance and subsequent acts of Congress, for the fifth state in the North- 
 western territory, there is estimated to be over one himdi'ed and twenty thousand." 
 
 The message recommended, that if there shall be a major- 
 ity in favor of state government, the taking of preliminary 
 measures for the formation of a state government without 
 the intervention of Congress. It claims that 
 
 "The Ordinance of 1787 grants to the people the right to form states within certain dis- 
 tricts and to Congress the right to admit such states into the Union. The constitutions of 
 the states of Tennessee and Michigan were formed under this provision; the right cannot 
 therefore now be questioned." 
 
 The message further says: 
 
 "In relation to the right of a state to enter the Union with a contested boundary, there 
 were several instances of unsettled boundaries between the thirteen original states when 
 they joined the Union, some of which are yet undetermined, and it is not perceived why 
 a new state has not the privilege to adjust her boundaries, or have them settled, in the same 
 manner as an old state . It may be taken for granted, therefore, from the example of 
 those states as well as that of Michigan, that this state has the right to be admitted, al- 
 though her boundaries may be contested by other states. A state out of the ?77iJO?i has as 
 
TERRITORY OF WISCONSIN IN 1844. 425 
 
 good a right to her established boundaries, as a state in it. The form of government to 
 which she may at any period of her existence be subject, neither increases nor diminishes 
 this right. It cannot be conceded that the right to admit can control the right to form 
 a constitution, further than to require that the constitution is republican and in conformity 
 to the princiijles contained in the articles of compact." 
 
 So much of the Governor's message as relates to the ex- 
 pediency of forming a State government was referred to a 
 joint select committee composed of Messrs, Martin and 
 Crocker of the Council, and Messrs. Ellis, Price and 
 Grant of the House. 
 
 While the subject was under consideration another ques- 
 tion arose, intimately connected with the question of the 
 wisdom of changing the form of government from Terri- 
 torial to State, a question which excited great interest among 
 the people of the Territory, which was reflected by their 
 representatives, and which was in a great measure similar 
 to the questions out of which the political party known as 
 '' Know Nothings, " or as it styled itself " American " had its 
 origin. 
 
 The fifth section of the organic act of the Territory con- 
 tained a proviso 
 
 "That the right of suffrage shall be exercised only by citizens of the United States." 
 
 About the time of the meeting of the Legislative Assem- 
 bly and for some time after, the justice and propriety of 
 extending to the residents of the Territory, who under this 
 proviso were denied the right of suffrage, authority to vote 
 upon the preliminary question of forming a State govern- 
 ment, and of participating in the election of delegates to 
 form a State constitution, called out much feeling in Mil- 
 waukee which to a considerable degree extended to other 
 parts of the State. The expressions at Milwaukee were al- 
 most unanimous in favor of the measure, and the same feel- 
 ing was exhibited to a less extent in other parts of the State. 
 
 On the other hand there were many demonstrations of 
 opposition to the measure, one of the most marked of which 
 was a public meeting of citizens of Jefferson, Koshkonong 
 and Oakland, held at Fort Atkinson on the loth of January, 
 1844, which resolved that they 
 
 "Solemnly protested against the passage of any law that would extend the elective 
 franchise to foreigners." 
 
 In Grant county the opposition to the passage of the law 
 was quite extensive and very decided. 
 
426 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 On the 4tli of January, as the journal reads — 
 
 "The Speaker laid before the House the petition of Solomon Juneau and John AVhite, 
 Esquires, and twelve hundred and eighteen others, relative to State Government and the 
 right of foreign born citizens to vote." 
 
 A struggle immediately ensued between the friends of 
 the measure and its opponents on the question of the refer- 
 ence of the petition, the former desiring its reference to the 
 committee on Territorial affairs and the latter opposing it. 
 The result soon exhibited the strength of the opposing 
 forces, and the proposed reference was carried by a vote of 
 15 to 7, with four absent. 
 
 A strong lobby was present advocating the measure, the 
 acknowledged leaders of which were Isaac P. Walker, 
 Francis Huebschmann and John White. There was no 
 organized outside opposition to the bill. 
 
 The committee on Territorial affairs was composed of 
 Messrs. Darling, Elmore, Grossman, Parsons and Hun- 
 kins. 
 
 The committee on Territorial affairs by Dr. Darling, its 
 chairman, on the 9th of January, reported — 
 
 "A bill in relation to the qualification of voters for State Government, and for the elec- 
 tion of delegates to form a State constitution." 
 
 The following is the text of the bill: 
 
 "Section 1. That whenever the question of forming a State Government in Wisconsin 
 Territory shall be submitted to the people thereof, all the free white male inhabitants 
 above the age of twenty-one years who shall have resided in said Territory three months 
 shall be deemed qualified and shall be permitted to vote upon said question. 
 
 "Sections. That at any election hereafter to be held in this Territory for the purpose 
 of choosing delegates to form a constitution and State Government for the people of said 
 Territory, all the free white male inhabitants thereof above the age of twenty -one years, 
 who shall have resided in said Territory three months next preceding such election, shall 
 be deemed qualified and shall be permitted to vote for such delegates." 
 
 All the members of the committee concurred in the re- 
 port except Mr. Elmore, who was understood to be opposed 
 to the bill, and voted against it on its final passage, although 
 he made no minority report. 
 
 Several amendments were offered to the bill and a motion 
 to indefinitely postpone, all of which were defeated by large 
 majorities, one of which amendments, in view of subsequent 
 events, is worthy of being preserved. It was offered by Mr. 
 Bartlett, and was to strike out the word white wherever it 
 occurs. The only votes in favor of it were those of Messrs. 
 Bartlett, Elmore, Hopkins, Olin, and Thompson, and 
 there were twenty-one against it. The bill was then ordered 
 to be engrossed, and on the next day — January 16th — it 
 
TERRITORY OF WISCONSIN IN 1844. 407 
 
 passed in a full House by a vote of 22 to 4 — tile negative 
 votes being given by Messrs. Elmore, Hicks, Thompson, and 
 Tripp. 
 
 In the Council several amendments were offered, all of 
 which wefe defeated; one of which was, that the residence 
 of the voter preceding the election sliould be six months in- 
 stead of three. The amendment to strike out the word 
 "white" was made by Mr. Whiton, and obtained five votes 
 to six against it. 
 
 Mr. Whiton also offered the following amendment : 
 
 "Provided, That the subjects of any foreign state with which the United States may be 
 at war, shall not be entitled to vote on said question." 
 
 This was voted down by five to six. 
 
 Another amendment offered by Mr. Whiton was : 
 
 "Provided, That the said inhabitants who shall be allowed to vote, shall be able to 
 speak the English language." 
 
 This was lost, one to ten, Mr. Whiton alone voting for it. 
 
 An amendment offered by Dr. Barber to strike out the 
 second section was lost, without a division. 
 
 The bill was then ordered to a third reading, and on the 
 next day — January 18 — was passed by a vote of 8 to 3 in 
 the same words in which it was originally reported in the 
 House. Those who voted in the affirmative were Messrs. 
 Frank, La'Chappelle, Martin, Newland, Rountree, 
 Marshall M. Strong, Moses M. Strong and White. Those 
 who voted in the negative were Messrs. Barber, Dewey 
 and Whiton. Messrs. Baker and Crocker were excused 
 from attendance. 
 
 The joint select committee appointed on the 8th of Decem- 
 ber, to which the subject of State government had been 
 referred, had not yet made any report, when on the loth of 
 January, Mr. La'Chappelle introduced a bill to submit the 
 question to the people. 
 
 The bill provided for an election to be held on the first 
 Monday of April, for or against State government, and if a 
 majority should vote in favor of it, the Governor was to 
 issue a proclamation as soon as might be, for delegates cor- 
 responding with the number of members of the Legislature 
 from the several districts, to a convention for the fori. i.ii ion 
 of a State Constitution. If the bill had become a law, and 
 a majority had voted in favor of a State government, the 
 constitution would probably have been formed and submit- 
 ted to the people by midsummer. 
 
428 HISTORY OF THE TEREITORY OF "WISCONSIN. 
 
 The bill was referred to a select committee, consisting of 
 Messrs. Moses M. Strong, La'Chappelle and Frank, which 
 on the next day was reported back by a majority of the 
 committee, with the following substitute : 
 
 "Thatat the general election to be held iu this Territory on the fourth Monday of Sep- 
 tember next , aU persons who shall be authorized by any law of the Territory, which has 
 been or which may be hereafter passed, to vote on the question of forming a State govern- 
 ment, shall be authorized to vote on that question at said election, by depositing with the 
 judges of election a ballot, upon which shall be written or printed 'For State Government ' 
 or ' Against State Government ' ; and all such votes shall be canvassed, certified and re- 
 turned, in the same manner as is required by law for the canvassing, certifying and return- 
 ing of votes for Delegate to Congress, and the Secretary of the Territory is hereby required 
 to certify to the Legislative Assembly, at its next session, the result of such vote." 
 
 Mr. La'Chappelle dissented from this report and sub- 
 mitted a minoi ity report, and insisted in vigorous language 
 upon an earlier submission of the question. 
 
 The next day (January 16th) the joint select committee 
 submitted a report which took up and combatted the rea- 
 sons of the Governor in his message in favor of a change in 
 our form of government, and adopted the report of a com- 
 mittee of the House of Representatives submitted on 
 the nth of January, 1842, and desired that it might be re- 
 ceived as a part of their report. 
 
 The result arrived at in the report was, that in the opinion 
 of a majority of the committee — 
 
 "It is inexpedient to take any measures for the formation of a State Government at 
 present." 
 
 A resolution had been introduced in the House request- 
 ing the delegate to procure, if possible, the passage by Con- 
 gress of an "enabling act." This was laid on the table at 
 the time of its introduction, and subsequently was indefi- 
 nitely postponed by a vote of 10 to 7. 
 
 The bill introduced by Mr. La'Chappelle, in contrast 
 with the substitute for it recomixiended by the select com- 
 mittee, met with so little favor in the Council that the sub- 
 stitute was adopted without a division. 
 
 The only remaining question was the passage of the sub- 
 stitute, or the adoption of the views of the majority of the 
 joint select committee that it was "inexpedient to take any 
 measures." 
 
 The bill came up in the Council for a test vote on the 19th 
 January. Mr. Crocker moved to strike out all after the 
 enacting clause and insert the following: "Whereas, at 
 the general election in the years 1841, 1842 and 1843, the 
 
TEERITORY OF WISCONSIN IN 1844 429 
 
 voters of this Territory by decided majorities voted against 
 the expediency of forming a State government; 
 
 "And -wnEREAs, since the last election there have been no petitions presented to the Leg- 
 islature desiring any action on this subject; therefore, 
 
 "■Resolved by the Council and House of Representatives of the Territory of Wisconsin, 
 that it is inexpedient at this time to adopt any measures or take any action in relation to 
 the formation of a State Government." 
 
 This amendment was lost, Messrs. Crocker, Dewey, 
 Martin, Newland and White voting for it and the other 
 eight against it. 
 
 As an evidence of the feeling of opposition to the bill to 
 allow foreigners to vote, which passed the Council on the 
 previous day, the following amendment offered by Mr. 
 Whiton is referred to: 
 
 " Provided, That when a person shall offer his vote on said question who can not speak 
 or understand the English language, it shall be the duty of the supervisors or judges of 
 election (as the case may be) to procure some competent interpreter to interpret the 
 Declaration of Independence, the Constitution of the United States, the ordinance enacted 
 by the Congress of the United States for the government of the territory of the United 
 States northwest of the River Ohio, and also an act of the Congress of the United States 
 establishing the Territorial government of Wisconsin, who shall interpret said Declaration 
 and acts to said person who may offer to vote." 
 
 Mr. White demanded the previous question, which v/as 
 sustained by a majority, and, under the rules of the Council 
 at that time, cut off the amendment and brought it to a 
 direct vote on the engrossment of the bill for a third read- 
 ing, which was carried by the following vote : Ayes — Messrs. 
 Baker, Barber, Frank, Rountree, Marshall M. Strong, 
 Moses M. Strong, and Whiton ; noes — Messrs. Crocker, 
 Dewey, La'Chappelle, Martin, Newland, and White. On 
 the ney t) day it passed the Council and was sent to the House. 
 
 On the same day of the passage of the bill by the Council 
 Mr. Ellis introduced in the House a resolution — 
 
 "That the time has not yet arrived in Wisconsin when ' the happiness of the people or 
 the prosperitj- of the country will be advanced by the adoption of a State government.' " 
 
 The resolution was preceded by an able, argumentative 
 preamble; but it was ordered, without a division, that the 
 preamble and resolution be laid on the table. 
 
 When the bill came up for action in the House, an amend- 
 ment, that if a majority of the votes should be against 
 State government, the same question should be annually 
 submitted, was voted down — 6 to 18. 
 
 An amendment was offered by Dr. Darling to the effect 
 that if a majority of votes were for State government, that 
 
430 
 
 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 Congress should be requested to pass an enabling act, make 
 provision for a census, and other necessary measures. The 
 amendment was lost by a vote of 7 to 17. The bill was then 
 ordered to a third reading, under the operation of the pre- 
 vious question, by a vote of 17 to 6. Those absent or not 
 voting were Messrs. Elmoke, Manahan, and Palmer. The 
 other members voted for the bill, except Messrs. Darling, 
 Ellis, Hicks, Hunkins, Meeker, and Price. 
 
 On the 25th of January the bill was passed by the same 
 vote, with the addition of Mr. Palmer to the affirmative 
 vote and Mr. Elmore to the negative — Mr. Manahan being 
 the only member not voting. 
 
 It was approved by the Governor on the 2Gth of January, 
 in the words of the substitute reported by the select com- 
 miittee of the Council, except an amendment offered by the 
 chairman of the committee that the votes should be depos- 
 ited in a separate box. 
 
 Notwithstanding the requirement of the act that the votes 
 should be returned to the Secretary of the Territory in the 
 same manner as required by law for returning votes for 
 delegate to Congress, and that the Secretary was required 
 to certify the result to the Legislative Assembly at its next 
 session, it appears from the certificate of the Secretary, that 
 only one half of the counties made any returns. The coun- 
 ties which held no election, or if, they held any, made no 
 returns, were Calumet, Crawford, Fond du Lac, Green, Man- 
 itowoc, Marquette, Portage, Racine, Saint Croix, Walworth 
 and Washington. 
 
 The total vote as certified by the Secretary of the Terri- 
 tory is 6,846, of which the footings show (in which there is 
 an error of 57 votes) 1,503 for State government and 5,343 
 against State government. 
 
 The following table gives the votes of the counties which 
 made returns : 
 
 Counties. 
 
 Br own . . . 
 
 Dane 
 
 Dodge . . 
 Grant.. . 
 
 Iowa 
 
 Jefferson 
 
 For. 
 
 10 
 
 92 
 
 21 
 
 176 
 
 215 
 
 303 
 
 Against. 
 
 54 
 184 
 
 89 
 
 1,324 
 
 637 
 
 219 
 
TERRITORY OF WISCONSIN IN 1844. 
 
 431 
 
 Counties. 
 
 For. 
 
 Against. 
 
 Milwaukee 
 
 459 
 199 
 
 12 
 
 10 
 
 4 
 
 2,115 
 ."523 
 
 Rock 
 
 Sauk 
 
 76 
 
 Sheboveran 
 
 53 
 
 Winnebago 
 
 19 
 
 
 
 
 Totals 
 
 1,.503 
 
 5 343 
 
 
 
 
 The consideration of these questions and especially of the 
 question who should have a right to vote, brought to the 
 surface the question of negro suffrage for the first time in 
 the history of the Territory. 
 
 Mr. Whiton presented the petition of six colored men 
 praying that the right of suffrage might be extended to all 
 persons holding real estate in the Territory or taxable prop- 
 erty to the value of one hundred dollars. The Council re- 
 fused by a vote of 3 to 9 to lay the petition on the table and it 
 was referred to a select committee, consisting of Messrs. 
 Whiton, Baker and Barber. 
 
 Mr. Whiton from the select committee, reported a bill to 
 amend an act to provide for and regulate general elections 
 and on his motion the bill was amended by adding the fol- 
 lowing proviso: 
 
 "Provided that when a person shall offer his vote, who is in whole or in part of the negro 
 blood, such person shall not be allowed to vote unless he shall be a freeholder, or shall pos- 
 sess and own personal property of the value of one hundred dollars." 
 
 The bill with the amendment was ordered engrossed by a 
 vote of 6 to 5, but subsequently on the same day, the enact- 
 ing clause was stricken out by a vote of 6 to 4, Mr. Frank 
 having changed his vote, and Mr. Martin not voting. 
 
 In the House a similar petition had been presented by Mr. 
 Olin from inhabitants of Milwaukee, which was laid on the 
 table. Subsequently two ineffectual efforts were made to 
 take the petition from the table; the last failed by a tie vote 
 of 12 to 12. The next day it was referred to tlie committee 
 on the judiciary, and after about two weeks the committee 
 reported that "it is not expedient to legislate on the subject." 
 The report was accepted and the committee discharged with- 
 out a division. 
 
 Much of the Governors message was devoted to the sub- 
 ject of the infringement of the boundaries of the future 
 
432 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 State. So much of the message as related to that subject was 
 referred to a select committee, consisting of Messrs. Moses 
 M. Strong, Newland and Whiton, with instructions to 
 report : 
 
 First. Whether the boundaries prescribed for the fifth 
 State by the ordinance of 1787 have been infringed by the 
 Government of the United States, and in what respect. 
 
 Second. If there has been any such infringement, what 
 measures ought to be taken by the people of Wisconsin in 
 relation thereto, and what effect it should have on the for- 
 mation of a State government in Wisconsin. 
 
 A report was prepared by the chairman of the committee 
 which was approved by the other members and submitted to 
 the Council. 
 
 The report presents the views of the committee upon 
 the questions submitted to it, in the order in which they are 
 stated in the resolution. 
 
 It presents the conclusion that the boundaries of the fifth 
 State have been infringed by the Government of the United 
 States upon three different occasions and in three different 
 particulars. 
 
 First. By the admission of Illinois into the Union, with 
 the boundaries defined in the act of admission approved 
 April 18, 1818. 
 
 Second. By the act of June 15, 1836, for the admission of 
 Michigan into the Union, by which the Montreal and the 
 Menomonee Rivers are declared to be the southwestern 
 boundary of Michigan. 
 
 Third. By the 'treaty to settle and define the boundaries 
 between the territories of the United States and the posses- 
 sions of her Britanic Majesty in North America,' etc., 
 entered into at Washington, August 9, 1842. 
 
 It then attempts to show that the conclusions of the report 
 are justified by the facts and arguments which it presents. 
 
 The facts and arguments collated in the report to show 
 the infringement b}' granting to Illinois a portion of the 
 Territory rightfully belonging to the fifth State, sixty-one 
 and a quarter miles in width, extending from Lake Michi- 
 gan to the Mississippi River, while they lacked the charm 
 of novelty were exhaustive of the question, and it is believed 
 are unanswerable. However interesting they inight be, the 
 space they would occupy precludes their statement at length. 
 
 In reference to the second particular, the report states 
 
TERRITORY OF WISCONSIN IN 1844. 433 
 
 that the southwestern boundary of Michigan between Lake 
 Superior and Lake Michigan — 
 
 " If it embraces any territory whatever is an iufriugement of our boundaries; if not by 
 the words of the ordinance, at least by what was understood at the time of its adoption as 
 its true spirit and fair intent and by what all camlid men would say should be its con- 
 struction." 
 
 The boundary from Lake Superior to Green Bay has been 
 heretofore described. 
 
 " This boundary," the report states, " assumes the fact, which at the time was supposed 
 by Congress to exist, that the Lake of the Desert discharged its waters into the Montreal 
 River; subsequent survey and exploration have proved that this is not the case, but that 
 it discharges into the Wisconsin River, and is located far south of where it was supposed 
 to be, and ihat the boundary line fixed by Congress is an impossible one, and that Congress 
 have really given to Michigan no western or southwestern boundary. There is no bound- 
 ary between Michigan and Wisconsin, and it is to be hereafter adjusted by the concurrent 
 action of Congress and those States." 
 
 In reply to what may be said 
 
 "That the Montreal and Menomonee Rivers, through their maia channels, are fixed and 
 imalterable boundaries and that all that remains is to unite them by a suitable line," the 
 report says " that such a boundary violates, if not the words, at least the spirit and intent 
 of the ordinance." 
 
 The report further says : 
 
 "If the country should become inhabited, as it now is to some extent, and as it is reason- 
 able to suppose it soon will be to a much greater, the convenience of its inhabitants would 
 be much better consulted by uniting them with Wisconsin than with Michigan. Their 
 facilities of intercourse with Wisconsin would be much greater, and they would enjoy 
 their civU and political rights to a much greater extent by being united with a people to 
 whom at all times they would be contiguous, than by being connected with those from 
 whom all communication would be absolutely cut off for nearly half the year." 
 
 The report makes the following quotation from the com- 
 munication of the Senators and Representatives of Michi- 
 gan to the judiciary committee of the Senate : 
 
 "Its limits (boundaries of Michigan), are fixed and immutable without the consent of the 
 people. They have never claimed anything beyond those limits; they have never tran- 
 scended them; they have in all their proceedings adhered to them with punctillious fidelity. 
 A due regard to the ' natural boundaries ' and to the rights, political and territorial, of 
 another people, whom she hopes at an early day to hail as another accession to this great 
 confederacy of States, wovdd forbid her to accept any acquisition of territory north and 
 west of her, as a consideration for the serious loss alluded to." 
 
 The report concludes the second branch of the inquiry, as 
 follows : 
 
 " To review this matter tlien, it appears that the boundary between Michigan and Wis- 
 consin is still open, and must so remain until settled by competent authority. That the 
 boundary which Congress attempted to establish, violates the spirit, intent and fair con- 
 struction of the ordinance, is not the most natural one, productive of great incon^-onience 
 to all parties interested in it, and (as Michigan herself admits), one to which she had no 
 28 
 
434 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 claim and that ' operates injuriously and unjustly upon their fellow citizens west of Lake 
 Michigan, both in a political and territorial point of view,' and one which upon every con- 
 sideration that has a bearing on the qnestion. ought not to be established as the perma- 
 nent boundary between the two States." 
 
 The third particular relates to the infringement of bound- 
 aries by the treaty made at Washington, August 9, 1842, 
 and then generally called the " Ashburton Treaty." 
 
 The report, after stating that the nortliern boundary of 
 the fifth State, was defined by the ordinance of ] 7S7 to be 
 " the territorial line between the United States and Canada ", 
 and that this line was the one which, by the treaty of peace 
 of September 3, 1783. was thus described after entering Lake 
 Superior : 
 
 '■ Thence through Lake Superior, northward of the Isles Royal and Philipeaux to the Long 
 Lake; thence through the middle of said Long Lake and the water communications between 
 it and the Lake of the Woods," etc. ; 
 
 proceeds to consider the only question which could have 
 been in controversy between Mr. Webster and Lord Ash- 
 burton in 1842, to wit : what and where was the " Long 
 Lake " called for by the treaty of 1783 ? What water, 
 whether lake, bay, estuary or river was in 1783 known and 
 designated as Long Lake ? 
 
 The Ashburton treaty designates " Pigeon River" as the 
 point at which the boundary line leaves Lake Superior, and 
 it defines the line thence to the Lake of the Woods. 
 
 The report states that — 
 
 *' What was known in 1783 as 'the Long Lake,' is what is now known as the Kamanista- 
 ■quia, or Dog River, and that its entrance into Lake Superior is about sixty miles north- 
 east of Pigeon River. After the two boundaries separate on this coast they do not unite 
 again until they unite in Rainy Lake, embracing between the two a superficies of about 
 ten thousand square milts, which, by the treaty of 1843, is given to the British govern- 
 ment." 
 
 The report of the committee is quite voluminous on this 
 subject, and is made up largely of extracts from the report 
 of the commissioners (Mr. Barclay on the part of Great 
 Britain, and Mr. Peter B. Porter on the part of the United 
 States), under the sixth and seventh articles of the treaty 
 of Ghent, contained in the eleventh volume of " Executive 
 Documents," 1837-8 — No. 451. 
 
 It demonstrates most clearly and incontestably that the 
 boundary defined by the treaty of 1783, was the Kamanis- 
 taquia or Dog River, and that the treaty of 1842, by adopt- 
 ing the Pigeon River route, creates a new boundary, 
 " giving," to q.uote from the report, — 
 
TERRITORY OF WISCONSIN IN 1844 435 
 
 " To the British government about ten thousand square miles of the territory, and about 
 sixty miles of the lake coast, which rightfully belongs to the fifth State, and which can 
 not be lawfully taken from her without her consent, which she has never given or been 
 asked to give, and is an infringement of the boundary of the fifth. State, as prescribed by 
 the Ordinance of 1787." 
 
 It is difficult at this comparatively remote period to ap- 
 preciate the interest which was felt in these questions at that 
 time, and the statement of the remedial measures recom- 
 mended by the committee can not be abbreviated without a 
 failure to give an accurate idea of that feeling. It is there- 
 fore quoted at length : 
 
 " It follows as a necessary consequence, if the committee are correct in their conclu- 
 sions, and our boundaries have been abridged as has been attempted to be shown, and 
 that without any authority on the part of the government of the United States; that such 
 action on the part of the United States government is not to any extent obligatory on the 
 people of Wisconsin, but they may, whenever they think proper to form a State govern- 
 ment for themselves, do so, and adopt as tlie boundaries of the State those prescribed for 
 it by the ordinance, and it will be tlie duty of Congress to admit the State, with those 
 boundaries, into the Union on an equal footing with the original States. 
 
 "The committee, however, can not shut their ej-es to the consequences which would fol- 
 low such a course. It can not for a moment be supposed that the state of Illinois will re- 
 linquish without a struggle 8,000 square miles of the most beautiful part of the territory 
 embraced within its boundaries, as fixed by the act of Congress, notwithstanding it is prob- 
 able that the people living on the tract in question would be nearly unanimous in favor of 
 it, and perhaps those of the extreme south part of the state, jealous of the growing import- 
 ance and political weight of the north, might consent to it; j-et the vast majority of the 
 state, embracing the whole central portion of it, it may well be supposed would adhere 
 with inflexible tenacity to their boundaries as fixed by the act of Congress. 
 
 "And although Michigan, while struggling to enforce her claim to the territory on her 
 south border claimed by Ohio, disavowed in the most emphatic terms anj- claim or preten- 
 sions to any territory west of a line drawn north and south through the straiglits of Michil- 
 imacinac, yet it is not in the nature of political communities to surrender any rights, 
 especially rights of territory to which any circumstances liave given them the color of claim, 
 and it Is not reasonable to expect that Michigan will voluntarily surrender to us any claims 
 she may have to territory west of Lake Michigan, derived by virtue of the act admitting 
 her into the Union. 
 
 "And least of all is it to be expected that the British government, ever ambitious of ex- 
 tending her empire, will consent to surrender to us any portion of our territory which the 
 United States have undertaken to cede to them, although the United States did what they 
 had no right to do, and the treaty so far as it affects our rights is void. 
 
 " What then would be our attitude if wd insist upon our boundaries as defined by the 
 ordinance, and form a state government embracing all the territory within thorn? Wo 
 should at the very threshhold of our political existence find ourselves involved in a con- 
 troversy of the most serious character with the States of Illinois and Michigan and the 
 Kingdom of Great Britain — a controversy in relation to boundary, which of all others is 
 the most dfHcult to be amicably adjusted. What would be the result of those contro- 
 versies it is impossible to foresee and unnecessary to speculate upon, for whether they 
 should terminate favorably or not to our claims, the consequences could not be otherwise 
 than disastrous to our prosperity. Our first duty, of course, would be to appeal to the 
 
436 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 United States government for its aid in protecting iis in our rights and to sustain us in 
 tliose controversies which were brought upoa us by its unauthorized interference in par- 
 cehng out our territory among the adjoining sovereignties. We cannot predict what 
 would be the result of that appeal, but have we any very good reason to suppose that a 
 government which ought to have been the guardian of our rights in our infancy, but which 
 on the contrary has continued to disregard them and trample them under foot, will re- 
 trace her steps and restore to us that of which we have been so unjustly deprived, when 
 she cannot now do it without danger of involving herself in a controversy with those 
 states to whom she has given our Territory? Most certainly not. 
 
 "It appears to the committee then that the most politic course to be pursued under these 
 circumstances is, instead of involving ourselves in a controversy in the fii-st instance with 
 Illinois, Michigan and Great Britain, to appeal to the nation's sense of justice, to address 
 ourselves to the Congress of the United States, and while we retain our present form of 
 government, obtain if possible from the United States government redress for the in- 
 juries they have from time to time inflicted upon us. 
 
 "For that purpose the committee recommend that an address be passed by the Council 
 and House of Representatives to Congress, couched in respectful and conciliatory, but 
 firm and decided language, setting forth in a plain, clear mamier, the numerous unauthor- 
 ized infringements of our boundaries, and caUing upon the National Legislature to declare 
 whether they are disposed to redress the wrongs they have done us and in what manner. 
 
 "It is within the power and constitutional authority of Congress to make an atonement 
 for those wrongs in a manner which will at the same time promote our welfare and future . 
 prosperity and benefit the general government and the general interests of the Union to 
 an extent nearly, if not quite corresponding, with any liabilities she may incur on our ac- 
 count. 
 
 "We are in our infancy, just on the point of emerging from a Territorial to a State gov- 
 ernment; our people are comparatively poor, although they cultivate a rich soO and are 
 surrounded by rich mines, and will after a few years become as prosperous and wealthy as 
 any other, and they cannot for several years spare from their present means a sum suffi- 
 cient to effect those internal improvements which their necessities so imperiously require. 
 
 "A railroad across the Territory, connecting Lake Michigan with the Mississippi River, a 
 distance of about one hundred and fifty miles, is a work the necessity of which is daily felt 
 and the value and importance of which to the people of this Territory and of the whole 
 Union would be incalculable. Within a very few years we may calculate that Michigan 
 will have completed her railroad across the penmsula, and the only remaining link to be 
 completed in the chain of steam commimicatiou from the Atlantic to the Jlississippi, 
 would be the short distance across this Territory, and the day would not be distant when 
 such a road would be found extending itself to the Rocky Mountains and over them to the 
 Pacific Ocean, opening a direct trade to that ocean and its islands and to the Celestial 
 Empire. 
 
 " The improvement of the navigation of the Fox and Wisconsin Rivers, and as connected 
 with that, also a connection by means of a short canal with Rock River, and the improve- 
 ment of the latter stream by slack water navigation, are projects, the importance and 
 feasibility of which, especially the former, have been so often, so forcibly, and so cor- 
 rectly set forth, that it is unnecessary to consume time by a repetition. The propriety of 
 making an appropriation for the improvement of the Fox and Wisconsin, as a matter of 
 national concernment, has been repeatedly pressed upon the attention of Congress by 
 the Legislative Assembly, as well as by the officers of the United States ; and it is hoped 
 the day is not distant when, independent of all other considerations, it will receive that 
 attention at the hands of Congress, which it so well merits. 
 
TERRITORY OF WISCONSIN IN 1844, 437 
 
 " Another improvement which Congress owes it to the commerce of the world to effect, 
 is the construction of a harbor at the moutli of every considerable river on the western 
 shore of Lake Michigan. At the towns of Southport, Racine, Milwaukee, Sauk Harbor, 
 Sheboygan and Manitowoc, harbors can be constructed at a modei-ate expense, which will 
 at all times afford shelter to the exposed commerce of the lakes; and while their benefit in 
 a national point of view ^^ould be incalculable, the benefit to the citizens of the Territory 
 would be very great. 
 
 "The committee can not for a moment entertain the idea that an appeal of that kind 
 ^^•ould be made in vain, but they firmly believe, if made in such a spirit, the Congress, well 
 knowing that if not met in a corresponding spirit, that the most deplorable state of things 
 imaginable must arise, would hasten to make all the atonement in its power, and that they 
 would guaranty the construction by the general government of the improvements before 
 mentioned, or such other reasonable equivalents as might be mutually agreed upon by the 
 general government and Wisconsin. 
 
 " Should we be disappointed in these reasonable expectations, we shall conthiue to occupy 
 the same position that we now do, with this advantage, that we shall have shown to the 
 world that we exhibited to the United States government a disposition in the first instance 
 amicably to arrange the difticulties in which we are involved bj^ their action, and we shall 
 ■then have but to satisfy civilized communities that we are right in our claims and preten- 
 sions to secure their sympathy and kind feeling, if not kind action; and we could then 
 safely entrench ourselves behind the Ordinance of 1787, fortified by the doctrine, well un- 
 derstood in this countrj', that all political communities have the right to govern themselves 
 in their own way, within their lawful boundaries, and take for ourselves and our State the 
 boundaries fixed by that ordinance, form our state constitution, which should be republi- 
 can, apply for admission into the Union with those boundaries, and if refused, so that we 
 could not be a state in the Union, we would he a, State out of the I/nioji, and possess, ex- 
 ercise and enjoy all the rights, privileges and powers of the sovereign, independent State 
 of Wisconsin, and if difficulties must ensue, we could appeal with confidence to the Great 
 Umpire of nations to adjust them." 
 
 In regard to the remaining branch of the inquiry: 
 
 •'What effect this infringement should have on the formation of state government in 
 Wisconsin," the report states that "' Her wisest policy is to continue under her present 
 form of government, until a sufflcieut opportunity has been afforded Congress to do 
 her justice." 
 
 The committee submitted with their report an address to 
 Congress, which contained a summary of the facts and ar- 
 guments which were presented more elaborately in their 
 report, a printed copy of "which was appended to and made 
 a part of the address. 
 
 The address was adopted by a small majority in each 
 House, but it does not appear to have elicited any action by 
 Congress. It was the opinion of those members of the Leg- 
 islature, who opposed the adoption of the address, and of 
 some others, that its tone, as well as some part of the re- 
 port, were too beligerent to be best calculated to obtain con- 
 cessions from Congress. 
 
438 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 The report of Joshua Hathaway, appointed by an act of 
 the last session of the Legislature a special agent to receive 
 and disburse the distributive share of Wisconsin in the net 
 proceeds of the public lands, under an act of Congress 
 passed September 4, 1841, was on the third day of the session 
 presented by Mr. Crocker, and referred to the committee 
 on Territorial exependitures. It showed that the agent had 
 received from the United States $1,082.45, which he had dis- 
 bursed in conformity with the directions of the resolution by 
 which he was appointed. 
 
 In harmony with the views expressed by the Governor in 
 his message, a bill was very early introduced in the Coun- 
 cil (No. 1) " To provide the means for paying the public debt 
 of the Territory." The bill contemplated giving practical 
 effect to the act of the precedingsession "to provide for levy- 
 ing and colleting a territorial revenue" by fixing a certain 
 percentage upon the assessment roll which should be levied 
 in each county. By an oversight the act had been passed 
 without any enacting clause. 
 
 That act fixed the amount of territorial tax for the year 
 1843, at three eights of a mill, and provided that the tax to be 
 thereafter annually levied should be such a per cent, as the 
 Legislative Assembly shall have prescribed at the next pre- 
 ceding annual session, and the object of this bill was to fix 
 the per cent, for the year 1844. It was referred to the com- 
 mittee on territorial expenditures which reported it back 
 with a tabular statement of the assessments in each county, 
 partly from returns and partly estimated, and showing the 
 effect of different ratios of taxation. 
 
 The following is the table so far as it exhibited the gross 
 assessment in each county of all descriptions of property : 
 
 Name of County. 
 
 Brown 
 
 Calumet 
 
 Crawford 
 
 Dane 
 
 Dodge 
 
 Fond du Lac 
 
 Grant 
 
 Green 
 
 Iowa (including Richland) . 
 
 Gross 
 
 assessment! 
 
 $500,000 00 
 70,000 00 
 209,000 00 
 386,200 00 
 70, 100 OO 
 100,000 00 
 600,500 00 
 300, 800 00 
 996, 800 00 
 
TERRITORY OF WISCONSIN IN 1844 
 
 439 
 
 Name op County. 
 
 Gross 
 
 Assessment. 
 
 Jefferson 
 
 273,300 00 
 127, 500 00 
 
 Manitowoc 
 
 Marquette 
 
 10, OOO 00 
 
 Milwaukee 
 
 1,373,200 00 
 
 Portage 
 
 69,800 00 
 
 Racine 
 
 1,000,000 00 
 
 Rock 
 
 516,000 00 
 
 Saint Croix 
 
 70, 000 00 
 
 Sauk 
 
 70,000 00 
 
 Sheboygan 
 
 109,500 00 
 
 Walworth 
 
 789, 30O 00 
 
 Washington 
 
 350,000 00 
 
 Winnebago. ... 
 
 10,200 00 
 
 
 
 
 
 Total 
 
 88,077,200 00 
 
 
 
 A practical objection to the passage of any bill for the 
 levy of a direct tax p^rew out of the difficulty amounting to 
 a practical impossibility, of ascertaining the amount of the 
 debt and which of the claims of the creditors were proper 
 subjects for allowance and payment by the United States; 
 and which must be paid by the Territory. 
 
 When the bill (No. 1) came up for consideration in the 
 Council a majority refused to pass it or to levy any tax 
 whatever. 
 
 Another bill, ''to ascertain the indebtedness and the tax- 
 able property of the Territory," had been introduced in the 
 House, which finally passed both houses and was approved 
 by the Governor. 
 
 This law provided for the presentation to the Auditor of 
 the Territory by creditors, of any claims against the Terri- 
 tory which they had, and that the Auditor should make a 
 record of the same and put some mark or device on them 
 which would prevent a second registration. And further, 
 that claims so registered should have a preference in pay- 
 ment over any not registered. 
 
 Another section required clerks of counties and towns to 
 transmit to the Auditor an abstract of the assessments in 
 their several counties or towns, and the Auditor to report 
 such abstract to the Legislative Assembly. 
 
 A joint resolution was also adopted, by which Charles M. 
 
440 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 Baker, a member of the Council from Walworth county, 
 was appointed a special agent for the adjustment and settle- 
 ment of all claims upon the United States for arrearages of 
 the expenses of the Legislative Assembly, under the act of 
 Congress of August 29, 1842, "to provide for the settlement 
 of certain accounts for the support of government in the 
 Territory of Wisconsin." The agent was also required to 
 ascertain and report to the Legislative Assembly the total 
 amount of all outstanding and unpaid claims against the 
 United States. 
 
 At the same session the following appropriations were 
 made, payable out of the Territorial treasury: 
 
 For fees of witnesses and otliers in suit against the Bank of Wisconsin $124 91 
 
 Against Doty and others 311 45 
 
 Commissioner of public buildings 2G1 67 
 
 For apprehending fugitive from justice 102 23 
 
 Miscellaneous 34 35 
 
 Total S834 61 
 
 The report of the Treasurer was submitted December 16, 1848, which 
 
 stated a balance due him on April 1, 1843, of $1,081 31 
 
 Payments made by him April 1 to December 15 $1,404 25 
 
 Receipts by him April 1 to December 15 890 9" 
 
 513 28 
 
 Balance due Treasurer December 15, 1843 $1,594 59 
 
 A supplemental report made by the Treasurer Januaiy 5, 1844, stated 
 
 his receipts since December 15, 1843, at $879 84 
 
 And his payments since December 15, 1843, at 135 52 
 
 — 744 32 
 
 And a balance due the Treasurer January 5, 1844, of $850 27 
 
 A few days before the close of the session a paper was 
 submitted by the Auditor and Treasurer, jointly, being an 
 attempt to report the amount and nature of the indebted- 
 ness of the Territory. These officers state that — 
 
 " There are no records in our offices by which we can arrive at anj' accurate estimate of 
 the debts outstanding against the Territory." 
 
 But they believe their report was correct. 
 
 The report of these officers shows a manifest purpose to 
 swell the debt of the Territory to the highest possible figures. 
 An accurate footing of the several items of indebtedness 
 stated in the report, shows an aggregate ainount of liabilities 
 beyond assets of $57,252.17, besides the further sum of $27,148 
 on account of the Milwaukee and Rock River Canal Com- 
 pany. 
 
TERRITORY OF WISCONSIN IN 1844 441 
 
 The report was so full of errors and exaggerations that it 
 failed to be of any use to the Legislative Assembly. 
 
 A bill passed both houses to abolish the offices of Auditor 
 and Treasurer. It was vetoed by the Governor, and failed 
 on reconsideration to receive a majority of two thirds in the 
 •House, where it originated. 
 
 Alexander Botkin was appointed Auditor October 18, 
 184;5, in the recess of the Council, and continued to act under 
 that appointment until the end of the session (January 31). 
 He had been nominated by the Governor at an early day of 
 the session for the full term, and on the 12th of December 
 the nomination was rejected, all of the thirteen members 
 voting against it. 
 
 On the 25th of January, James Morrison was nominated 
 for Treasurer of the Territory, and on the same day the 
 nomination was rejected by a unanimous vote, all the mem- 
 bers voting. 
 
 A resolution to discontinue the prosecution of the Terri- 
 torial suits was introduced in the Council by Mr. La'Chap- 
 PELLE, which the Council refused to consider. A similar 
 resolution was introduced in the House by Mr. Trowbridge, 
 and, after consideration, was laid on the table. 
 
 The case of the Territory against the old commissioners of 
 public buildings (Doty, O'Neill, and Bird), in which judg- 
 ment had been rendered against the Territory at the April 
 term of court, in 1843, in Walworth county, and in which a 
 writ of error was brought in the Supremo Court, was de- 
 cided at the July term of the Supreme Court, 1844, when the 
 judgment was reversed and the case remanded for further 
 proceedings. (The case is reported in 1 Finney's R., p. 3!)('..) 
 Several errors were assigned, upon three of which the judg- 
 ment was reversed. One was that a witness — Morrison — 
 was asked : 
 
 " How much moue}' he had i-eceived from the commissioners, and the time of its recep- 
 tion." 
 
 Which question the Avitness declined answering for the 
 reason that the answer might tend to establish a civil liabil- 
 ity from him to the the Territory of Wisconsin, in a suit 
 that might be brc ught against him for a breach of his con- 
 tract ; the court decided that the witness should not be 
 required to answer the question. The supreme court held 
 this decision was error, and decide 
 
442 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 " That the reason given by the witness for his refusal to answer the question is not in law 
 sufficient to excuse him, and that the court should have required the witness to answer." 
 
 The second is, that the court having sustained a motion 
 for a new trial, on the ground that the verdict was contrary 
 to law and evidence, granted the new trial only on condi- 
 tion of the payment of all costs by the plaintiff, and held 
 that if a new trial was granted on these grounds, it should 
 be granted unconditionally. 
 
 The third and radical error, because it totally invalidated 
 the judgment was, the rendition of judgment against the 
 Territory for costs. 
 
 '• It is a general rule," the court say, " that a judgment can not be entered against a sover- 
 eignty. " By the organic act " a government was established or created composed of 
 executive, legislative and judicial branches. * * * It is apparent that by 
 
 this law, a municipal corporation or government is created subject to the control of and 
 immediately connected with the government of the United States. By virtue of its incor- 
 poration and as a necessary means of protecting its rights in all contracts, the Territory 
 can maintain an action in the courts within its limits. By virtue of its incorporation all 
 the powers and functions of sovereignty exist — subject to the supervision and control of 
 the general government. * * * -por all necessary purposes of government, 
 
 Wisconsin is a sovereignty and should be entitled to the same immunities. It is a Terri- 
 tory of the United States, and therefore is considered a part of the United States, or imme- 
 diately connected therewith. For these reasons we come to the conclusion that the 
 Territory of AVisconsin cannot be sued in the courts of the Territory in the absence of 
 express authority of law for the purpose, and that the judgment against the Territory for 
 the costs expended by the defendants in this case must be reversed." 
 
 Soon after this decision, the Superintendent of Public 
 Property applied to Judge Irvin, at Chambers, for a change 
 of venue, on the grounds (supported by the Superintendent's 
 affidavit) of prejudice in the people of Walworth county, 
 and that the defendants, or some of them, possessed an un- 
 due influence over the inhabitants of said county. The 
 application was entertained and the cause removed to Mil- 
 waukee county for trial. At the November term of the 
 court in that county, the case being called, the court (Judge 
 Miller) decided that he had no jurisdiction of the case and 
 ordered it back to AValworth county. The court virtually 
 held that there could be but one change of venue. The 
 Judge says : 
 
 " This cause legally belonged to the jurisdiction of the District Court of Iowa county 
 and was there pending until the judge of that court ordered it to be transmitted to Wal- 
 worth county for trial. The court of Walworth county was by law authorized to try the 
 cause, but not to order it to be transmitted to another county for trial. The statute does 
 not authorize this court to try this cause." 
 
 The suit against J. D. Doty, as treasurer of the board of 
 building commissioners was continued by consent of parties. 
 
TERRITORY OF WISCONSIN IN 1844. 443 
 
 without costs, during the pendency of the principal suit 
 against the commissioners. 
 
 The suit against James Morrison, as contractor for build- 
 ing the Capitol, was ready for trial on the part of the Terri- 
 tory at tJie spring term, 1S44, of the Court of Iowa county. 
 James D. Doty, an important witness in the case, had been 
 duly subpoenaed, but failed to appear, and the trial was put 
 over. At the fall term of the court Mr. Doty, though he 
 had again been subpoenaed, again failed to appear, and in 
 addition to this untoward circumstance, the pleadings in the 
 case could not be found by the counsel among the papers 
 filed. New pleadings were prepared, and the case again 
 continued. The first pleadings were soon afterward found. 
 
 About the first of July, the commissioners of Dane county 
 applied to the Superintendent of Public Property for per- 
 mission to finish the Capitol. He consented to the proposi- 
 tion on condition that he should have the control and 
 direction of the work, and that the Territory should not be 
 considered as placed under any obligations to pay the ex- 
 penses incurred. The commissioners received proposals for 
 doing the work, according to specifications furnished by the 
 Superintendent, and the contract was let to Augustus A. 
 Bird, and was promptly, and, with but few exceptions, prop- 
 erly executed, at an expense to the county of about two 
 thousand dollars. 
 
 On the 20th of January a joint convention of the two houses 
 was held, when John Y. Smith was re-elected superin- 
 tendent of territorial property, having received twenty 
 votes out of the thirty-one cast by the members in attend- 
 ance. 
 
 At the commencement of the second week of the session 
 a petition of Daniel Baxter, relative to his account with 
 the Territory was presented in the House and referred to a 
 select committee consisting of Messrs. Masters, Crossman 
 and Palmer. After an investigation of about a week a 
 majority of the committee (Messrs. Masters and Crossman) 
 submitted a report that there was a balance due from the 
 Territory to Baxter of S899.88, and that he was entitled to 
 $108,G7 for interest, being a total of $1,008.55, and the com- 
 mittee reported a joint resolution that he be paid the last 
 named sum. 
 
 Mr. Palmer, two days later, submitted a minority report. 
 
444 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 in which he arrived at the conclusion that Baxter had 
 been overpaid $847.76 for all work done on the Capitol. The 
 resolution reported by the committee was adopted by the 
 House and sent to the Council. 
 
 In the Council the resolution elicited much debate on sev- 
 eral different days, when finally on the 23rd of January those 
 who were in favor of its adoption having become satisfied 
 that it could not pass, moved that the further consideration 
 of it be postponed until the first Monday of January, 1845, 
 which motion prevailed by a vote of 10 to 3. 
 
 Nearly six years had elapsed since the passage by Con- 
 gress, June 12, 1838, of the act granting lands for the founda- 
 tion of a University fund, and these lands had not yet been 
 all selected and set apart. 
 
 At an early day of the session a resolution was adopted 
 by the Council, on motion of Mr. Crocker, that the com- 
 mittee on Territorial affairs, of which he was chairman, 
 be instructed to ascertain and report what portion of these 
 lands had been selected by authority of the Territory, and 
 whether it was expedient to provide for selecting the re- 
 mainder. 
 
 The committee through its chairman reported that the 
 lands granted were two entire townships, amounting to 46,- 
 080 acres. That there had been selected and approved by 
 the secretary of the treasury in the Green Bay district 10,- 
 248 82-100 acres, and in the Milwaukee district 10,248 53-100 
 and that in the Mineral Point district 10,250 75-100 had been 
 selected, the approval of which had been suspended because 
 some of them were supposed to have been reserved by the 
 president for mining and smelting purposes. 
 
 That there remained to be selected 15,331 90-100 acres and 
 if the suspended selections in the Mineral Point district 
 were added, the whole amount to be selected and approved 
 would be 25,582 65-100. 
 
 A bill was reported to provide for the selection of these 
 lands, which when it came up for consideration in the 
 Council was transformed into a joint resolution, appointing 
 John T. Haight of Jefferson county, who was a surveyor, 
 and eminently fitted by his judgment integrity and spe- 
 cial knowledge of the subject, to make the selection. In 
 this form it passed the Council and was sent to the House 
 of Representatives. 
 
TEERITORY OF WISCONSIN IN 1844. 445 
 
 In the House the resolution was amended by providing- 
 that three commissioners should be appointed to select all 
 the lands which should be selected in equal quantities as 
 near as might be within the three land districts, and that 
 Theodore Conkey should be the commissioner in the Green 
 Bay district, John T. Haight in the Milwaukee district and 
 George W. Lakin in the Mineral Point district, and so 
 amended, the resolution was adopted. 
 
 The Council refused to concur in the amendment of the 
 House; the House insisted upon its amendments and two 
 committees of conference were appointed, neither of which 
 could agree and the result was the defeat of the resolution. 
 
 Much interest had been spasmodically exhibited in the 
 construction of a railroad between Lake Michigan and the 
 Mississippi River, but subsequent events demonstrated that 
 it was even yet too early for practical efifect to be given to 
 that interest. 
 
 In the light of subsequent experience, the ideas that were 
 presented in responsible and authentic form at that early 
 period of railroad history, in reference to routes, feasibility, 
 cost, business and profits possess such value as to demand 
 their re-production. 
 
 A select committee of the House, consisting of Messrs. 
 Price, Messersmith and Thompson was appointed to in- 
 quire into the expediency of constructing a railroad from 
 Potosi on the Mississippi River to Lake Michigan. 
 
 This committee had not the advantage of any experi- 
 mental survey to aid them in the suggestion of any feasible 
 route, and yet one of the routes pointed out in the report is 
 identical with one upon which a railroad has since been 
 constructed, with the exception of a short distance between 
 Potosi and Lancaster. 
 
 This route was described as commencing at Potosi on the 
 Mississippi River, and following the course of a small rill, 
 about three miles to its source near the summit of a ridge 
 which divides the waters of t^--? Platte River from those of 
 the Mississippi, and which lurUier north divides those of 
 the Platte and Grant Rivers. 
 
 " After this ascent is overcome " the route, the report continues, " would follow in a 
 northerly direction, the ridge before alluded to, dividing the waters of the Platte and 
 Grant Rivers, to its intersection at the Fennimore Grove, in town six, range two west, with 
 the main dividing ridge, which divides the waters which flow into the Wisconsin from 
 those which flow into the Platte, Peckatonica and Sugar Rivers, and thence after inter- 
 
416 HISTORY OF THE TEREITORY OF WISCONSIN. 
 
 secting the main ridge it wculd follow it in an easterly direction a distance of about 
 fifty miles to the headwaters of Sugar River, in range seven east." 
 
 " From the head waters of Sugar River the line of the railroad could continue in an east- 
 erly direction, crossing the Catfish or Four Lake River, or if it was highly desu'able to con- 
 tinue a more level route, keeping north of the Fourth Lake ; and after getting upon the 
 eastern side of the Catfish only two impediments exist to the continuation of the route to 
 Lake Michigan, without expensive grading, to wit : The Fox and Rock Rivers ; and the 
 features of the comitry are such that each of these streams can be approached from either 
 direction, through the vallies of their respective tributaries without such ascent or descent 
 as will be to any extent objectionable," * * * "And the committee are 
 
 of the opinion that the entire route is not only practicable but that no route can be found 
 in the United States of the same extent, giving the same promise of profit, upon which a 
 road can be built cheaper than upon this route." 
 
 The estimate of the first cost of the road and equipments, 
 made by the commmittee, was $4,000,000. 
 
 The following estimate of probable receipts from the 
 species of freight specified was made by the committee, and 
 is presented as showing the over-estimates upon some items 
 and the under-estimates on others: 
 
 25,000,000 lbs. lead at 37% cts. per 100 lbs $93,750 
 
 1,000,000 lbs. copper at 37}^ cts. per 100 lbs 3.750 
 
 10,000 tons merchandize and return freights at $10 ' 100,000 
 
 100,000 bushels grain at 12}^ cents per bushel 12,500 
 
 4,000,000 feet pine lumber at $2.50 per M 10,000 
 
 Total $220,000 
 
 No estimate was made for freight on live stock, the rais- 
 ing of which for market was not then supposed to be among 
 the possibilities, nor of zinc ores, which although then 
 abundant had no practical value. 
 
 It was estimated that the receipts from unenumerated 
 freights and from passengers would pay operating ex- 
 penses, and that $220,000 would be a dividend fund. 
 
 At the preceding session of the Legislative Assembly 
 (April, 1843) a joint committee was appointed to investigate- 
 the Wisconsin Marine and Fire Insurance Company. At 
 an early day of the session of 1843-4 Dr. Darling, a mem- 
 ber of the committee, submitted a report, which exhibited 
 in detail the liabilities and resources of the company, the 
 names of its stockholders and amount of stock paid in and 
 the nature and methods of the business of the company. 
 
 One of these methods of business was the issue of certifi- 
 cates of deposit, in sums of one, three and five dollars each, 
 in the form and similitude of bank bills, and apparently de- 
 
TERRITORY OF WISCONSIN IN 1844. 447 
 
 signed to circulate as currency. The amount of these cer- 
 tificates outstanding at the time of the investigation was 
 over $52,000. 
 
 The committee state that the financial concerns of the com- 
 pany at the time of the examination were in a favorable 
 condition, but that the issue of these certificates, intended 
 to circulate and circulating as money was the exercise of a 
 banking privilege and was unequivocally prohibited by the 
 charter of the company, which contained a proviso that 
 " nothing herein contained shall give the said company 
 banking privileges," and concluded with a recommendation 
 of a repeal of the charter. 
 
 Within a few days after this report was submitted, the 
 secretary of the company — Alexander Mitchell — pre- 
 sented a communication to the Legislative Assembly dated 
 December 21, protesting against the repeal of the charter, 
 and submitting a bill for its amendment, the principal feat- 
 ures of which were that a list of the stockholders should be 
 filed with the Secretary of the Territory, and all changes 
 be from time to time reported, and that the stockholders 
 should be individually liable for all the debts and liabilities 
 of the company; that the debts and liabilities of the com- 
 pany should never exceed the amount of capital actually 
 paid in, and that its failure for ten days to redeem in coin 
 any of its evidences of debt, should be deemed and taken 
 as a forfeiture of its charter. The secretary requested that 
 this draft of a bill might be considered and adopted. It was 
 referred to the committee on corporations with instructions 
 to report on the sixth day of January. 
 
 The committee were unable to agree upon any report and 
 made none until the 19th of January when a majority and 
 a minority report were submitted. 
 
 In the meantime, on the 8th of January, the secretary ad- 
 dressed another communication to the Legislative Assembly 
 which, among other things, stated that the company 
 
 " Positively denies that it has in any way, as complained of, transcended its powers. It 
 "questions both the fact and the law as stated by your committee. It can not conceive 
 "that the Legislature can determine its rights while acting in the threefold capacity of a 
 "party interested, a jury and a court." ******* 
 
 " The company, as it believes, relies upon its plainest rights, in insisting that the ques- 
 " tion of the violation or forfeiture of a charter can only be determined by a competent 
 "legal tribunal. * * * To the decree of the proper tribunal the company will 
 " cheerfully submit." 
 
448 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 The majority of the committee reported — 
 
 "That a court of law is the proper place to determine the question whether or not the 
 companyhave violated their charter." ******** 
 
 " They are not satisfied that it would, at this time, be expedient to commence any new 
 Territorial suits." 
 
 This report was signed by Messrs. Elmore, Hopkins, and 
 Parsons. 
 
 The report of the minority was signed by Messrs. Ellis 
 and Meeker, and was largely devoted to an argument to 
 show a violation of its charter by the company, and that the 
 passage of the bill proposed by the company would estop the 
 Legislature in the future from setting up the forfeiture of 
 the charter, and claimed for the Legislature the right of ab- 
 solute repeal. 
 
 The remedy proposed by the committee was the com- 
 mencement of suit to vacate the charter, and for that pur- 
 pose reported a joint resolution. 
 
 When this resolution came up for consideration, an 
 amendment was offered, that Congress be requested to pass 
 a law approving and confirming the act of incorporation, or 
 restricting it to such business operations as were intended 
 to be conferred by the Legislative Assembly. 
 
 Another amendment was offered, that Congress be re- 
 quested to take similar action with regard to the Fox River 
 Hydraulic Company. 
 
 Mr. Elmore moved that the resolution and proposed 
 amendments do lie on the table until the fourth day of July 
 next, which was decided in the affirmative by a vote of 13 
 to 11, and thus ended for that session the excitement which 
 was very considerable in relation to the Wisconsin Marine 
 and Fire Insurance Company. 
 
 The act authorizing defendants who shall be defeated in 
 actions to recover lands of which they have been in posses- 
 sion, to recover pay for valuable improvements made by 
 them on such lands, generally known as the betterment law 
 was first passed at this session and with some modifications 
 in its details has ever since remained a part of the law of 
 the State. 
 
 An act was passed altering and fixing the times of hold- 
 ing the district courts in the second and third judicial dis- 
 tricts. 
 
TEERITORY OF WISCONSIN IN 1814. 449 
 
 Trespass upon the university and school lands, and upon 
 the even sections of the canal grant, was by a law passed 
 at this session declared to be a misdemeanor and punish- 
 able by imprisonment. 
 
 Some very material changes were made in the law relat- 
 ing to the redemption of land sold for taxes. 
 
 It was provided that the clerk of the board of supervisors 
 should be elected annually for the term of one year. Pre- 
 viously he had been appointed by the board. He was also 
 required to give an official bond. 
 
 The time for the redemption of lands sold for taxes was 
 extended from two to three years, and until the recording 
 of a tax deed, and the rate of interest was reduced from 
 thirty per cent, to twenty-five. The provision of law limit- 
 ing the time within which actions could be commenced for 
 the recovery of lands forfeited for taxes to three years from 
 the recording of the deeds of sale., was first passed at this 
 session. 
 
 A bill passed the House of Representatives to divorce 
 Webster Pease from his wife Lucinda Pease, which in 
 the Council, on motion of Mr. Whiton, was laid on the ta- 
 ble "till Webster Pease, the petitioner, furnished satisfac- 
 tory proof to the Council that he has notified Lucinda 
 Pease of the pendency of this bill."^ No other divorce bill 
 was introduced. 
 
 The progress of the settlement of the country created a 
 desire for the organization of several new counties and iu 
 some instances opposition was developed. A bill was intro- 
 duced to organize Portage county in relation to which 
 there were petitions and remonstrances, and the bill was at 
 first indefinitely postponed, and afterwards passed in a 
 novel mode. 
 
 A bill had been introduced to incorporate the Southport 
 brass band, which was considered in committee of the 
 whole, and was reported back with an amendment striking 
 out all after the enacting clause. The bill was then laid on 
 the table without any action upon the report of the commit- 
 tee of the whole. Subsequently, on motion of Mr. Martin, 
 it was taken up and amended by inserting the entire bill to 
 organize Portage county and in that form was passed, the 
 title amended so as to read " a bill to organize Portage 
 29 
 
450 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 county for judicial purposes," and sent to the House. The 
 next day it passed the House with some amendments which 
 were immediately concurred in by the Council, and the bill 
 to incorporate the Southport brass band became a law to or- 
 ganize Portage county. 
 
 At the same session the county of Fond du Lac was or- 
 ganized and the counties of Sheboygan, Calumet and Mar- 
 quette attached to it for judicial purposes. 
 
 Dodge county was also organized and provision made 
 for the location of the county seat by a board of five com- 
 missioners, one in each of the four election precincts then 
 existing, and one from the county at large. 
 
 Sauk county was also organized and three commissioners 
 appointed by the act to locate and establish the seat of jus- 
 tice. The}'- were Noah Phelps of Green county, Charles 
 Hart of Milwaukee county and John Morrison of Jeffer- 
 son county. 
 
 The first election of county officers was held on the 
 second Monday of March. John E. Abbott was elected 
 Sheriff, Prescott Brigham Judge of Probate and E. M. 
 Hart Register of Deeds. 
 
 The Registers of Deeds of several counties which had 
 been organized from other counties, were required by law 
 to procure from the records of the several counties of which 
 they had previously formed a part, copies of the records of 
 deeds, mortgages and other instruments recorded in such 
 counties. 
 
 The counties in which the Registers of Deeds were at this 
 session required to procure such copies were Grant, Green, 
 Portage and Winnebago. 
 
 The legislative authority was exercised in setting off and 
 organizing the towns of Howard, in Brown county; 
 Brighton, in Racine county; Bloomfield, Hudson, Linn and 
 Geneva, in Walworth county; Stockbridge, in Calumet 
 county and Oconomowoc; and in declaring that Mequanego 
 should be known and distinguished as Mukivonago, and that 
 Nemahbin should be known and called by the name of 
 Delafield. 
 
 Special acts to incorporate the villages of Mineral Point 
 and Geneva were passed. 
 
 The erection, construction or maintenance of dams was 
 authorized by law on the Peshtigo River, in town 30, range 
 
TERRITORY OF WISCONSIN IN 1844. 451 
 
 2o, on Rock River, in section 3 in the town of Watertown; 
 on the Milwaukee River, in section 4, in the town of Milwau- 
 kee; on the Oconto river, in town 28, range 21 east, and on 
 Sugar River, in the town of Albany, in Green county. 
 
 The construction of a float bridge, to rest on water-tight 
 scows or boxes, with a convenient draw, across the Mil- 
 waukee River, "from the foot of Water street in the east 
 ward of the town of Milwaukee, to the foot of Ferry street 
 in said town," which when completed should forever remain 
 FREE, was authorized by a special law. 
 
 Sidney S. Sage and his associates of the village of Racine 
 were authorized to erect and maintain a free bridge across 
 Root River, one end of which should be in Fourth street in 
 said village. 
 
 Territorial roads were authorized to be laid out from house 
 of Seymour Wilcox near Waupun, north of Fox Lake, to 
 section twenty-seven, town thirteen, range eleven east. 
 
 From Watertown via Waterloo to intersect the Madison 
 road. 
 
 From Helena in Iowa county to Cross Plains in Dane 
 count}^ 
 
 From Lake Mills in Jefferson county to " the settlement 
 now known as the Beaver Dam " in Dodge county. 
 
 From Boatyard Hollow in Grant county to White Oak 
 Springs in Iowa county. 
 
 Acadamies were incorporated in the towns of Burlington, 
 in Racine county and in Madison in Dane connty. 
 
 The municipal authorities of the town of Milwaukee and 
 of the villages of Racine and Southport were each author- 
 ized by special laws to borrow money to aid in constructing 
 harbors at each of these places and to levy special taxes to 
 repay such loans. The sums thus authorized to be obtained 
 were fifteen thousand dollars for Milwaukee, five thousand 
 dollars for Racine and ten thousand dollars for Southport. 
 
 This session was not as prolific in gubernatorial vetoes, as 
 the one which preceded it. 
 
 Four of the acts, which had passed both houses of the 
 Legislative Assembly, were returned by the Governor with- 
 out his approval. 
 
 Two of these were passed by a majority of two thirds of 
 each house, notwithstanding the objections of the Governor, 
 the other two passed the Council by the necessary two 
 
452 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 thirds^ but were defeated in the House, the one lacking one 
 and the other two votes of two thirds. 
 
 One of these four acts was entitled " an act extending the 
 time for the redemption of certain lands in the Territory on 
 the Canal Grant." It passed the Council by a vote of 13 to 
 and the House by 23 to 2. 
 
 Another was entitled " An act to provide for the payment 
 of the expenses of the Legislative Assembly therein named." 
 It originated in the House, where on re-consideration it 
 passed by a vote of 17 to 4, and in the Council by 7 to 0. 
 
 Of the two defeated acts, one was entitled "An act to pro- 
 vide for the election of a printer to the Legislative Assem- 
 bly/' which passed the Council by a vote of 8 to 3, the vote 
 in the House being 17 to 9 (not two thirds). 
 
 The other was entitled "An act to amend an act to. pro- 
 vide for the election of Sheriffs, Judges of Probate, Justices 
 of the Peace, and for other purposes." The vote in the 
 Council upon reconsideration of this act was 11 to 0, and in 
 the House was 16 to 10, being two less than the requisite 
 two thirds. 
 
 It must not be supposed that the dignified attention of the 
 members to their ordinary duties, was not occasionally re- 
 lieved by some displays of wit and exhibitions of mirth. As 
 an illustration the following incident is mentioned : A 
 member from one of the western counties had introduced 
 into the House of Representatives a memorial to the Secre- 
 tary of the Treasury for the purpose of correcting some 
 abuses which were complained of, in the manner in which 
 the United States Marshal disbursed — or failed to disburse 
 — the public moneys provided for paying expenses of the 
 courts. The language of the memorial was mere fustian 
 and rodomontade ; and contained, among other things, the 
 expression, that during a certain period of time the marshal 
 had not paid out " one solitary cent." It was allowed to 
 pass the House as an act of courtesy to the member who 
 introduced it. When it came before the Council, Col. 
 Crocker moved to amend by inserting between the words 
 " solitary" and " cent," the word " red," so as to read " one 
 solitary red cent." The amendment was adopted, and the 
 memorial returned to the House with the amendment. The 
 House refused to concur, and the Council refused to recede, 
 and the bombastic memorial was lost. 
 
TERRITORY OF WISCONSIN IN 1844. 453 
 
 On the ]7th of January the Adjutant General sent to the 
 Council, in conformity vv^ith a resolution which it had 
 adopted, a report stating that the moneys received by him 
 during the years 1841, 1842 and 1843 were $310.83 ; expendi- 
 tures $241.50, and balance on hand $75.32. 
 
 Memorials to Congress were adopted, asking for appro- 
 priations for the completion of the improvement of the Fox 
 and Wisconsin Rivers ; 
 
 For a re-appropriation of certain moneys to complete a 
 light house on Grassy Island, near the mouth of Fox River ; 
 
 For a donation of land to improve the Grant Slough ; 
 
 For the laying out of a road from Prairie du Chien to 
 LaTointe on Lake Superior, and 
 
 For the indemnification of Elbert Dickinson for dam- 
 ages sustained by him, by reason of the forcible possession 
 and occupation by V/innebago Indians of his farm and 
 buildings near the site of the present village of Columbus, 
 and the consumption of his provisions. 
 
 A joint committee who w^ere instructed to report 
 
 " How long the present session of the Assembly can continue, consistent with keeping the 
 expenses within the ai>propriation of $17,275, and the cause of the decrease of the appro- 
 priation from former .years", 
 
 reported that with rigid economy the appropriation would 
 defray the expenses of the session of sixty days. That the 
 reason of the deficiency in the appropriation is an error of 
 the Governor in making out his estimates of the expenses of 
 this session. 
 
 On the 8th of January, a joint resolution was passed that 
 the session should terminate on the 2t)th January. On Sat- 
 urday, the 27th January, a resolution passed the House re- 
 scinding that resolution and declaring that the session 
 should terminate on the 1st day of February. On the same 
 day the resolution was amended in the Council by substitut- 
 ing the 31st of January, and late in the evening of that day 
 the House concurred in the amendment of the Council, and 
 on the 31st of January, after a session of fifty-nine days, 
 both houses were adjourned sine die, having previously 
 passed an act that hereafter the annual session of the Leg- 
 islative Assembly should commence on the first Monday of 
 January, in each year. 
 
 About the first of April, Mr. Robert D. Lester, sheriff of 
 Crawford county, while descending the Mississippi alone in 
 
454 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 a canoe, was murdered by an Indian lying in ambush about 
 one hundred miles above Prairie du Chien. 
 
 The year 1844, although in "the States" it witnessed a 
 most exciting political contest, resulting in the election of 
 James K. Polk over Henry Clay, was comparatively de- 
 void of political interest in Wisconsin. The interest was 
 limited to the election of members of the House of Repre- 
 sentatives, and county officers, there being no election for 
 Delegate to Congress. 
 
 A convention of the Democratic Whig members of the 
 Legislature and other Whigs of the Territory was held on 
 the 30th of January, when John M. Capron, John H. 
 RouNTREE, George Messersmith, George H. Slaughter, 
 M. M. Jackson, Alonzo Platt, Glendower M. Price, A. W. 
 Stowe, Jared Thompson and James Tripp were appointed 
 delegates to attend the National Convention of the Whigs 
 to be held at Baltimore, in May, for the purpose of nomi- 
 nating a Whig candidate for the presidency, 
 
 A committee of six was appointed to report a preamble 
 and resolutions expressive of the sense of the convention, 
 and report the same at the evening session. At the even- 
 ing session the committee, through its chairman, M. M. 
 Jackson, reported a series of resolutions, of which he was 
 the putative author, and which were unanimously adopted. 
 
 RuFUS Parks was removed from the office of Receiver of 
 Public Moneys at Milwaukee, and J. A. Helfenstein ap- 
 pointed in his place. 
 
 Nathaniel P. Tallmadge was appointed Governor of the 
 Territory, in place of James D. Doty. His appointment 
 was announced as early as July, although his commission 
 was not issued until Septembei'. when Governor Doty's 
 term expired- 
 
TERRITORY OF WISCONSIN IN 1845. 455 
 
 CHAPTER XXVI. 
 
 TERRITORY OF WISCONSIN — 1845. 
 
 The ever ready and almost ever effective argument of the 
 opponents of a change from a Territorial to State govern- 
 ment, was the large appropriations annually made by Con- 
 gress for the maintenance of civil government, and the 
 consequent freedom of the people from taxation for this 
 object. 
 
 This argument was deprived of much of its force and 
 effect by the smallness and insufficiency of the appropria- 
 tion made by the act of March 3, 1845. 
 
 The smallest appropriation ever before made for compen- 
 sation and mileage of the members of the Legislative 
 Assembly, pay of officers, printing, stationery, fuel, postage 
 and other incidental and miscellaneous objects, for any ses- 
 sion had been $17,975, while in other years they had ranged 
 from 125,000 to more than $30,000. The appropriation in 1845 
 for the fiscal year ending June 30, 1846, was only $13,700. 
 
 The only appropriation for harbors was $15,000, "for the 
 purpose of aiding in the completion of the harbor already 
 commenced at the town of Southport." 
 
 The harbor at the more important port of Milwaukee, 
 which had attained the dignity of being placed among the 
 works of national importance, shared the fate of all other 
 works in the same category, which was to fail of being 
 fostered or aided by any appropriations whatever. Nor did 
 the harbor at Racine or any other lake port receive aid at 
 this session of Congress. 
 
 The sum of ten thousand dollars was appropriated for the 
 construction and improvement of roads in the Territory, 
 which was distributed as follows : 
 
 " From Sheboygan by way of Taychedah and Fond du Lac to the Fox River in the vicin- 
 ity of Green Lake, $3,000." 
 
 " For repairing the United States military road between Fort Howard and Fond du Lac, 
 $2,000." 
 
 "From Southport, by way of Geneva to Beloit, 35,000." 
 
 Pursuant to the law passed at the last session, changing 
 the time of its annual meeting to the first Monday of Janu- 
 ary, the fourth Legislative Assembly commenced its third 
 session on the 6th day of January, 1845. 
 
456 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 Six of thirteen members of the Council had resigned and 
 new members had been elected to fill the vacancies, while a 
 new election had been had for the entire body of the House 
 of Representatives. 
 
 In the Council, Randall Wilcox was elected, vice Mor- 
 gan L. Martin, resigned. In Milwaukee county Jacob H. 
 Kimball, James Kneeland and Adam E. Ray were elected, 
 in place of Hans Crocker, David Newland and Lemuel 
 White, resigned. The place of Theophalus La'Chappelle, 
 of Crawford county, resigned, was filled by Wiram 
 Knowlton, and John Catlin, of Dane county, was chosen 
 to fill the vacancy created by the resignation of Lucius I. 
 Barber, of Jeff'erson county, in the same district. 
 
 The following members constituted the House of Repre- 
 sentatives: 
 
 Brown county and the counties attached: Abraham 
 Brawley, Mason C. Darling and William Fowler. 
 
 Craivfo7'd and St. Croix: James Fisher. 
 
 Dane, Dodge, Green, Jefferson and Sauk: Charles S. Bris- 
 tol, Noah Phelps and George H. Slaughter. 
 
 Or ant: Thomas P. Burnett, Thomas Cruson and Frank- 
 lin Z. Hicks. 
 
 loiva: James Collins, Robert C. Hoard and Solomon 
 Oliver. 
 
 Milwaukee and Washington: Charles E. Brown, Pitts 
 Ellis, Byron Kilbourn, Benjamin H. Mooers, William 
 Shew and George H. Walker. 
 
 Bacine: Robert McClellan, Albert G. Northway and 
 Orson Sheldon. 
 
 Bock and Walworth: Stephen Field, Jesse C. Mills, 
 Jesse Moore and Salmon Thomas. 
 
 Eight of the twenty-six members had formerly been mem- 
 bers of the Territorial Legislature. Messrs. Burnett and 
 Walker were elected to the abortive session held at Green 
 Bay in 1836. The former was an unsuccessful applicant 
 for a seat in the Council at Belmont in 1836, and Mr. Walker 
 was a member at the sessions of 1842-3 and 1843-4. Mr. Col- 
 lins was a member of the House in June, 1837, and of the 
 Council continuously from 1838 to 1842. Messrs. Cruson 
 and Shew were both elected to the House in 1838 and served 
 until 1840. Messrs. Mills and Darling were members at 
 the sessions of 1840-1 and 1841-2, and Messrs. Darling and 
 Hicks at those of 1842-3 and 1843-4. The other eighteen 
 
TERRITORY OF WISCONSIN IN 1845. 457 
 
 members took their seats in the Legislative Assembly for 
 the first time. 
 
 The Council was organized temporarily on the first day 
 of the session, and on the second day permanently, by the 
 election of Moses M. Strong President, Ben. C. Eastman 
 Secretary, and Charles H. Larkin Sergeant-at-Arms. 
 
 In the House, George H. Walker was appointed Speaker 
 pro tem. on the first day and the next day was elected for 
 the session. On the third day La'Fayette Kellogg was 
 elected Chief Clerk and Chauncey Davis, Sergeant-at- 
 Arms. 
 
 The counties of Rock and Walworth had continued to 
 form one election district since 1838, and in the fourth Legis- 
 lative Assembly were entitled to two members of the Council 
 and four members of the House, which by common con- 
 sent of the people of the two counties were divided equally 
 between them. But in 1845 the proportionate increase of 
 population had been so much greater in Walworth than in 
 Rock county, that it was provided by law that Walworth 
 county should constitute one election district, with one 
 member of the Council and three members of the House, 
 and Rock another district with one member of the Council 
 and only one member of the House. Thirty-five years pro- 
 duced a wonderful change. By the census of 1880 the pop- 
 ulation of Rock county was nearly fifty per cent, greater 
 than that of Walworth. 
 
 No conflicts between the Legislative Assembly and the 
 newly appointed Governor disturbed the harmony of this 
 session. 
 
 Governor Tallmadge with prompt courtesy responded to 
 the formal communication informing him of the organiza- 
 tion of the two houses, and on the second day of the session 
 met them in joint convention and delivered in person the 
 customary message. 
 
 It exhibited a marked difference with similar papers of 
 his immediate predecessor: chiefl}^ in the absence of all 
 claim of executive prerogative, and of any disposition to 
 assume anything like dictation, and it was with the utmost 
 modesty and deference to the recognized superior knowledge 
 of the representatives that even a positive recommendation 
 found a place in the message. 
 
 It opened with the statement that the enactment of the 
 laws devolved upon the Legislative Assembly — not Con- 
 
458 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 gress; and upon the Governor that of seeing them faithfully 
 executed. And he added that so far as his 
 
 " Co-operatioa is required in the enactment of laws, you will find in me a disposition to 
 harmonize with your legislative action and to appreciate your patriotic motives." 
 
 The Governor did not — 
 
 "Deem it out of place to allude to an act passed by the last Legislature in relation to 
 the qualification of voters for State government, and the election of delegates to form a 
 State constitution." He "congratulated" the Legislative Assembly " on the putting to 
 rest in this manner of that important question," and expressed the opinion that "the 
 adoption, by a decided majority of both branches of the Legislature, of the enlightened 
 and constitutional provisions of that act, will contribute to the harmony of our growing 
 population, and facilitate the organization of a sound and wholesome State government 
 whenever that important step shall be deemed necessary." 
 
 He said : 
 
 " I have no doubt of the right of the Legislature to pass such a law, as well under the 
 ordinance of 1787, as on general principles, when the people, in their primaiy capacity, 
 undertake the organization of a new government; " and added : " I can not now consent 
 to recommend any material modification or change of the principles secured by that law, 
 without doing violence to my own, and to my long- cherished sentiments of public policy 
 and constitutional right." 
 
 The message next speaks of — 
 
 " The subject of our naturalization laws," and says : " The movement now in progress 
 in various parts of the Union, to extend the period of naturalization to twenty-one years, 
 is calculated, if successful, materially to abridge the rights which this portion of our pop- 
 ulation (foreigners) have expected to enjoy." 
 
 "A more efficient organization of the militia" is suggested, 
 with the statement that — 
 
 " We have no sufficient returns of the numerical force of the militia to enable us to 
 receive from the general Government the quota of arms to which we should otherwise be 
 entitled;" and the remedy is left to the better judgment of the Legislature. 
 
 A liberal portion of the message is devoted to remarks 
 upon the subject of internal improvements — particularly 
 the improvement of the navigation of the Fox and Wiscon- 
 sin rivers — a railroad from Lake Michigan to the Missis- 
 sippi River, roads generally, and plank roads particularly, 
 and harbors on the lake coast. The importance of all these 
 is forcibly presented, but no practicable mode suggested for 
 their attainment. 
 
 The subject of the indebtedness of the Territory, as one of 
 vital importance to its pecuniary interests, as well as to its 
 public character, is given prominence in the message. The 
 adoption of measures to ascertain its nature and extent 
 are recommended and, says the message 
 
 "When the amount is thus ascertained, let Congress be asked to do what is just in rela- 
 tion to it, and in any event let means be provided for the payment of interest and the 
 speedy liquidation of the principal. Let it not be said that this young and thriving Terri- 
 tory sanctions, even in name, the doctrine of repudiation." 
 
TERRITORY OF WIS'^ONSIN IN 1845. 459 
 
 The subject of education — the education of the great 
 mass of the people — was mentioned, with the remark that 
 
 "Whether any and wliat further measures are necessary to this object, is resijectfully 
 submitted to your consideration." 
 
 The subject of agriculture was mentioned as well worthy 
 of the profoundest attention of the Legislature. Agricultu- 
 ral schools, pattern farms and agricultural societies were 
 favorably mentioned, and the whole subject submitted to 
 the wisdom of the representatives of the people. 
 
 The message concludes with the pious statement that 
 
 "Our bosoms should swell with emotions of gratitude to the all-wise Dispenser of human 
 events, that He has here graciously cast our lot; and our action, public and private, 
 should be such as to ensure a continuance of His blessing." 
 
 Seven hundred and fifty copies of the message were or- 
 dered to be printed in the German language, a precedent 
 set for the first time, which has since been frequently 
 followed. 
 
 The emphatic vote of the inhabitants of the Territory at 
 the recent election in September in opposition to the forma- 
 tion of a State government, which question had then for 
 the first time been submitted to them with Legislative sanc- 
 tion, appeared to have set at rest, at least for this session, 
 the further agitation of that question. The Governor, in 
 his message referring to the recommendation of his prede- 
 cessors that the necessary steps be taken for the formation 
 of a State government, said — 
 
 "Desirous of conforming my action to an ascertained public sentiment, it would not 
 become me at this time to renew that recommendation." 
 
 A bill, however, passed the Council by a vote of 9 to 3, 
 which provided that at every annual election thereafter, a 
 vote should be taken for or against State government, and 
 the result returned to the Legislative Assembly. This bill 
 was defeated in the House by a vote of 12 to 13. 
 
 The only perfected action of the Legislative Assembly 
 upon the subject was the passage of a joint resolution re- 
 questing the delegate in Congress — 
 
 "To urge upon that body the passage of a law making an appropriation to defray the 
 
 expenses of taking a census of the Inhabitants of the Territory preparatory to the f orma- 
 
 t ' 
 tion of a State government, and also to make an appropriation to provide for the expenses 
 
 of holding a convention to form a constitution and State Government." • 
 
 This resolution was not passed until the 24th of February, 
 and Congress adjourned on the 3d of March, without pass- 
 ing any law upon the subject. 
 
460 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 Opposition to the act of the last session in relation to the 
 qualifications of voters for State government and for the 
 election of deleg'ates to form a State constitution, was very 
 early developed in the House of Representatives. It was 
 able, determined, well directed and persistent, but futile. 
 It was lead by Mr. Burnett of Grant county, assisted by 
 Messrs. Collins of Iowa, Slaughter of Dane, and seven 
 others. 
 
 Immediately upon the organization of the two houses 
 Mr. Burnett gave notice of the introduction of a bill to 
 repeal the act, and subsequently, for that purpose, intro- 
 duced the first bill of the session. 
 
 The bill came up for consideration on the 27th of January, 
 when Mr. Darling proposed an amendment by striking out 
 all after the enacting clause, and inserthig the following : 
 
 " That no person shall hereafter vote upon the subject of State government, or for dele- 
 gates to form a State Constitution, who shall not have resided three months within the 
 Territory, and who shall not be a citizen of the United States, or shall have declared his in- 
 tention to become such, as the law requires." 
 
 The bill was fully and ably discussed from day to day, 
 until the 3d of February, when the amendment offered by 
 Dr. Darling was adopted, with a modification extending 
 the period of residence from three to six months, and thus 
 amended, it passed the House by a vote of IG to G, and was 
 concurred in by the Council without a division. 
 
 The opponents of the measure were not satisfied and re- 
 newed the contest, with equal zeal, but no greater success. 
 On the 15th of February a resolution was introduced, which, 
 as modified, instructed the committee on Territorial affairs 
 to report a memorial to Congress for the passage of a law 
 authorizing the people of this Territory to form a constitu- 
 tion and State government and to define the qualification 
 of voters. 
 
 Dr. Darling moved to strike out the words " and to define 
 the qualification of voters ", which, after a long debate, was 
 adopted and the resolution passed, in pursuance of which 
 the joint resolution of instructions to the Delegate already 
 mentioned was reported and passed both houses — which 
 was all the action had at this session on the subject of State 
 government. 
 
 In the last chapter it was stated that the Governor's nomi- 
 nation of Alexander Botkin as Auditor, and James Mor- 
 rison as Treasurer, had been rejected by the unanimous vote 
 
TEERITORY OF WISCONSIN IN 1845. 4GI 
 
 of the Council. No other nominations were sent to the 
 Council at that session, so that at the next session no official 
 information existed showing who were the incumbents of 
 these offices. 
 
 On the 10th of January, resolutions were adopted by the 
 Council, en motion of Mr. Kneeland, requesting the Gov- 
 ernor to inform the Council who was the Treasurer and who 
 the Auditor, when they were appointed and when their terms 
 of office would expire. 
 
 The next day the Governor answered the request by stat- 
 ing that it appeared from the records of the executive de- 
 partment 
 
 " That James Morrison was Treasurer, and Alexander Botkin, Auditor; that they were 
 appointed on the 3rd of February, 1844, and that their term of office would expu-e at the 
 end of the present session." 
 
 On the 4th of February, 1845, Governor Tallmadge sent 
 to the Council the following nominations: 
 
 "Jonathan Larkin to bo Territorial Treasurer in place of James Morrison, appointed 
 after the adjournment of the last Legislative Council. 
 
 " George P. Delaplaine to be Auditor of public accounts, in place of Alexander Bot- 
 kin, appointed after the adjoinnment of the last Legislative Council." 
 
 These nominations were on the same day confirmed by the 
 Council without reference or a division. 
 
 On the 20th of January, the Auditor submitted a report 
 of the claims against the Territory, registered by him as 
 per act of the Legislative Assembly, approved January 31, 
 1844, which amounted to $6,270.64. 
 
 The annual report of the Treasurer, submitted on the 10th 
 of January, showed that the receipts during the year had 
 been $1,285.33; disbursements, $3,259.18, and that there were 
 yet returns to be made of the five per centum for Territorial 
 purposes, from the counties of Racine, Jefferson, Fond du 
 Lac^ Crawford, and St. Croix for the year 1843, and from 
 the counties of Dodge, Iowa, Jefferson, Milwaukee, Portage, 
 Racine, Rock, Sheboygan and St. Croix for the year 1844. 
 
 The Secretary of the Territory submitted reports of his 
 receipts and disbursements, and so satisf^.ctory was the man- 
 ner in which his official duties were discharged, that on the 
 last day of the session a resolution was unanimously 
 adopted by the House, tendering the thanks of the House 
 
 " For his gentlemanly deportment in his intercourse with the members thereof, and his 
 punctuality and efficiency as a public officer, and in his impartiality and promptness in the 
 disbursement of the public funds." 
 
462 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 The protracted absence of Judge Irvin — especially dur- 
 ing the autumn, winter and early spring — was a subject of 
 much complaint; so much that a joint resolution was adopted 
 
 "That the Hon. David Irvin, Judge of the Second Judicial District, be and he is hereby- 
 requested either to remain in the Territory in the performance of his duties, so that the 
 public can have the benefit of his services, oi' that he resi^ his olfice, in order that another 
 person may be appointed in his place, who will reside among the people." 
 
 An act was passed to abolish the office of Supreme Court 
 Commissioner, and transfer his duties to Judges of Probate. 
 
 The Territorial suits experienced another year's delay, 
 without any definite result having been arrived at. 
 
 Tn pursuance of the decision of Judge Miller refusing to 
 take jurisdiction of the suits against Doty, O'Neill and 
 Bird, the venue of which had been changed from Walworth 
 county to Milwaukee, the records and papers were again 
 remitted to Walworth county, and at the spring term (1845) 
 of the court in that county. Judge Irvin decided that the 
 venue having been changed from that county, and the case 
 not having been returned by any process known to the law, 
 he could not take jurisdiction. 
 
 By direction of the Superintendent of Territorial Prop- 
 erty, a writ of mandamus was applied for to the Supreme 
 Court at the July term, 1845, against the District Court of 
 Milwaukee county, requiring said court to try the cause. 
 The Supreme Court, at the same term, directed that a per- 
 emptory writ of mandamus do issue, to the District Court 
 of Milwaukee county, commanding that court to — 
 
 " Proceed to trial of said cause, in the same manner, and to give judgment and award 
 execution a3 though the said cause had not been removed." 
 
 This decision will be found reported in 1 Pinney R., 569. 
 
 At the next term of the court in Milwaukee county, in 
 November, the cause on the part of the Territory was ready 
 for trial, but on the affidavit of Augustus A. Bird, one of 
 the defendants, alleging prejudice in the judge, the venue 
 was again changed, and this time to Grant county, in the 
 same district in which it was commenced. The practical 
 effect waste postpone the trial until March, 184G, which was 
 the earliest period at which any term of court was to be 
 held in Grant county. 
 
 The suit against James Morrison and his sureties, pend- 
 ing in Iowa county, was continued on the affidavit of the 
 defendant of the absence of a material witness. 
 
TERRITORY OF WISCONSIN IN 1845. 463 
 
 The suit against Doty and his sureties, still pending in 
 Walworth county, was continued by consent, to await the 
 disposition of the suit against the commissioners. 
 
 John Y. Smith was re-elected Superintendent of Terri- 
 torial Property by joint ballot of the two houses on the 19th 
 of February, having received 10 votes, to 12 for Augustus 
 A. Bird and 6 scattering. 
 
 The Baxter claim, arising out of work done upon the 
 Capitol, was again before the Council, and the committee on 
 Territorial affairs reported in favor of an allowance of 
 $1,008, but the report failed to receive the favorable action 
 of the Council, and went over the session without action. 
 
 In a suit which had been commenced by William 
 Doughty against the Territory, upon a bond issued to aid 
 in the construction of the Milwaukee and Rock River Canal, 
 it was decided by Judge Irvin, of the Second District, that 
 the Territory could not be sued. 
 
 The decision appears to have been acquiesced in, and the 
 case carried no further. 
 
 The friends of the policy of providing a permanent though 
 moderate Territorial revenue for the payment of the debt 
 of the Territory, were more successful at this session than 
 at the preceding one. 
 
 The amount of indebtedness registered by the auditor 
 under the act of the last session was only a little over $G,000, 
 yet it was well known that a much larger sum was out- 
 standing which had not been registered. 
 
 During the third week of the session a bill was introduced 
 
 '» 
 
 in the Council by Mr Kneeland "To provide means to pay 
 the public debt of the Territory." It was referred to the com- 
 mittee on Territorial expenditures which reported it back 
 without amendment. It was subsequently referred to a select 
 committee of one from each election district, consisting of 
 Messrs. Rountree, Knowlton, Catlin, Baker, Kneeland, 
 Marshall M. Strong and Moses M. Strong, which reported 
 an amendment. Afterwards it was referred to the com- 
 miittee on the judiciary under instructions, in conformity 
 with which a substitute was reported by that committee, 
 which subsequently passed both houses without material al- 
 teration, and was substantially the law which was enacted. 
 The act prescribed the mode of assessment in the several 
 counties. It then provided for the annual levy in each of 
 
464 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 the counties of a Territorial tax of one and a half mills on 
 the dollar on the assessed value of the property within such 
 county, which was to be collected by the county treasurers 
 and by them paid over to the Territorial Treasurer. 
 
 Evidences of Territorial indebtedness issued by authority 
 of law were receivable in payment of the Territorial tax, 
 and it was made the duty of the Auditor to issue warrants 
 on the Territorial Treasurer for such indebtedness, in such 
 sums as the creditor might elect, corresponding in the ag- 
 gregate with the amount of such indebtedness. 
 
 The Territorial indebtedness was further increased by an 
 appropriation of two thousand, six hundred and sixteen 
 dollars to the county of Dane, the amount expended by 
 said county in the completion of the Capitol, payable out of 
 any money in the Territorial treasury, not otherwise appro- 
 priated, after all the debts then existing against the Terri- 
 tory should be paid, and not before. 
 
 An act to divide the county of Crawford and to organize 
 the county of Chippewa, provided: That the county of 
 Crawford should be limited to that district of country which 
 lies north of the Wisconsin and east of the Mississippi 
 Rivers, and south of a line beginning at the mouth of Buffalo 
 River, thence up the main branch of said river to its source, 
 thence in a direct line to the most southern point on Lake 
 Chatac, thence in a direct line drawn due east, until it inter- 
 sects the western boundary line of Portage county, as en- 
 larged by an act approved February 18, 1841; and west of 
 the western boundary lines of the said counties of Portage 
 and R'chland. 
 
 It provided that all that district of country lying west of 
 Portage county, enlarged as aforesaid, north of the northern 
 boundary line of Crawford county aforesaid, east of the 
 Mississippi River, and south of the boundaries of the county 
 of St. Croix, as prescribed in the act approved January 9, 
 1840, organizing said coimty, be known under the name of 
 Chippewa county. 
 
 The new county of Chippewa was organized for all pur- 
 poses of county government, and attached to the county of 
 Crawford for judicial purposes. The county seat was 
 located temporarily at or near the residence of Mr. Lamb, 
 at the junction of the Menomonee River with the Chippewa. 
 
 Sixteen days later (February 19th) an act was approved 
 
TERRITORY OF WISCONSIN IN 1845. 4G5 
 
 "to divide the county of St. Croix and organize the county 
 of LaTointe/' which enacted — 
 
 "That all that district of country within the limits of St. Croix county, as prescribed by 
 an act organizing said county, approved January 9, 1840, be and the same is hereby divided 
 into two counties; beginning at the mouth of Muddy Island River, thence running in a 
 direct line to Yellow Lake, and from thence to Lake Courterille, so as to intersect the 
 eastern boundary line of the county of St. Croix at that place; thence to the nearest point 
 on the west fork of Montreal River, thence down said river to Lake Superior. All that 
 portion of St. Croix county as heretofore bounded, lying south of said lines, be and remain 
 the county of St. Croix, and all the country Ij'ing north of said line and within this Terri- 
 tory, shall be known as the county of La"Pointe." 
 
 The county of La'Pointe was organized for all purposes 
 of county government, and attached to the county of Craw- 
 ford for judicial purposes. The "seat of justice" was tem- 
 porarily located at the town of La'Pointe. 
 
 An act was passed that from and after the first day of 
 November, 1845, the county of St. Croix should be organized 
 for judicial purposes, and form a part of the first judicial 
 district, and the district court be held by the judge of that 
 district on the first Monday of June annually : Provided, 
 that at the next general election the qualified voters of the 
 county should vote either " for district court " or " against 
 district court" ; and if a majority was /or it, the act should 
 take effect, otherwise it should be void. 
 
 Vv^ashington county Avas organized for judicial purposes 
 from and after the second Tuesday of April, and made a 
 part of the third judicial district, the judge of which was 
 required to hold court on the second Tuesday of September, 
 1845, at the school-house at the county seat, unless the county 
 commissioners should, sixty days before that time, name 
 some other place in an order to be filed with the clerk of the 
 court, and thereafter the regular terms were required to be 
 held on last Tuesday of March and the second Tuesday of 
 September in each year. 
 
 In Dodge county, the county seat was located in this wise 
 at a place afterwards called Juneau, in honor of Solomon 
 Juneau. 
 
 An act was passed which provided that whenever the 
 owner or owners of the land at and about the quarter sec- 
 tion stake dividing sections numbers 21 and 22, in township 
 11 of range 15 east, should lay out into a town plat forty 
 acres of land, of which the said quarter section stake shall 
 30 
 
466 HISTORY OF THE TEREITORY OF WISCONSIN. 
 
 be the center, reserving a square of four acres ; and when- 
 ever the county commissioners should select such square as 
 a site for the public buildings, and the owners should con- 
 vey the said square and every alternate lot in said plat to 
 the county of Dodge, then the seat of justice of Dodge 
 county should be located upon the site so selected for pub- 
 lic buildings. And all former acts conflicting with this 
 were repealed. 
 
 The county seat of Winnebago county was located by 
 three commissioners, elected at the annual town meeting in 
 April, 1845, by the white male persons who had resided in 
 the county one month. This was in pursuance of a special 
 law for that purpose. 
 
 At the same session a law was passed which provided for 
 an election by the qualified electors of the county, for or 
 against the removal of the seat of justice of Milwaukee 
 county. The vote was to be taken at the spring election, 
 1846, and if a majority of the votes were in favor of " re- 
 moval ", the seat of justice of said county was to be removed 
 to Prairieville (now Waukesha). 
 
 If any election was held in pursuance of this law, the re- 
 turns of it can not be found, and in view of the action of the 
 Legislative Assembly at the next session, dividing the 
 county of Milwaukee and organizing the county of Wau- 
 kesha, are of comparatively little importance. 
 
 The system of county government was changed by law in 
 Marquette county, from the "Town System," to the "County 
 System," and in Brown county it was submitted by law to a 
 vote of the voters of the county at the annual town meet- 
 ing held in April, 1845, whether such change should be 
 miade. 
 
 Petitions for and remonstrances against the formation of 
 a, new county from parts of Jefferson and Dodge counties, 
 of which Watertown should be the county seat, were nu- 
 7nerously signed and presented to the Legislative Assembly. 
 
 Other petitions were presented for the formation of a new 
 county, by taking the west range of towns in Dodge county 
 and the east two ranges of Portage (now Columbia) county 
 and the location of a county seat at Columbus. 
 
 Both these propositions were reported upon adversely by 
 a committee of the Council, and never reached a vote in 
 either house. 
 
TERRITORY OF WISCONSIN IN 1845. 467 
 
 In the House of Representatives, the committee to which 
 was referred the petition of sundry inhabitants of Sauk 
 county praying for the passage of a law authorizing an elec- 
 tion to be held to locate the seat of justice of that county, 
 reported "That in the opinion of the committee, legislative 
 action at the present session is inexpedient." 
 
 The report of the committee was accepted and the matter 
 ended. 
 
 Several amendments were adopted to the act to provide 
 for the government of the several towns, and for the revis- 
 ion of county government. Some of these related to the 
 mode of electing town officers, and the duty of the chair- 
 man and some to matters relating to schools and school 
 taxes but principally to the subject of highways and mat- 
 ters pertaining thereto. 
 
 An act of Congress was passed May 23d, 1844, by which it 
 was provided that whenever any portion of the surveyed 
 j)ublic land not exceeding 320 acres had been or should be 
 settled upon and occupied as a town site, that it might be en- 
 tered at the minimum price, in trust for the occupants there- 
 of, the trust to be executed in the manner prescribed by the 
 legislative authority of the State. At this session of the Leg- 
 islative Assembly an act was passed providing a mode in 
 which such trust might be executed in relation to any lands 
 in this Territory which had been entered in pursuance of 
 the provisions of that act of Congress. It was supposed 
 that the title to a portion of the site of Portage City, in Col- 
 umbia county could be obtained in pursuance of the provi- 
 sions of this act, but it was deemed more advisable to 
 proceed under another law subsequently passed in 1852. 
 
 For the purpose of enabling the inhabitants residing upon 
 section twenty-five, town one, range two west, in Grant 
 county, to avail themselves of that act of Congress, an act 
 was passed by the Legislative Assembly at this session, con- 
 stituting them a body corporate by the name of "The trust- 
 ees of the village of Fairplay." But this act is believed not 
 to have been effective and that the title was subsequently 
 acquired in another mode. 
 
 The act to change the corporate limits and powers of the 
 town of Milwaukee, passed March 11, 1839, was amended 
 by extending the corporate boundaries of the town so as to 
 include section 32, town 7, range 22, and so mlich of section 
 
468 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 33 as lies west of the middle of the Milwaukee River, which 
 were made to constitute the South ward of said town, with 
 authority to elect five trustees to act in conjunction with 
 the other trustees of the town. 
 
 The powers of the board of trustees were also enlarged. 
 
 The village of Beloit was incorporated, and the several 
 acts to incorporate the villages of Racine and Geneva were 
 amended. 
 
 A bill to incorporate the village of Madison passed the 
 Council, but in the House it was laid on the table and not 
 again taken up. 
 
 The towns of Lake Mills and Sullivan in the county of 
 Jefferson, Beaver Dam and Hustisford in Dodge county, 
 Ceresco in Fond du Lac county, and Lima in Rock county, 
 were created by special acts for that purpose. 
 
 The subject of banks and unauthorized banking occupied 
 much of the attention of the Legislative Assembly. 
 
 At an early day of the session a bill was introduced in the 
 Council by Mr. Knowlton, to repeal an act to incorporate 
 the Mississippi Marine and Fire Insurance Company, passed 
 March 11, 1839, which had ostensibly assumed to do business 
 at Sinipee, in Grant county, and which, under the authority 
 to receive deposits and issue certificates therefor, had issued 
 certificates of deposits in the similitude of bank notes, and 
 was engaged in " banking business" in violation, as it was 
 alleged, of its charter. 
 
 The bill passed the Council without opposition. 
 
 In the House, a motion was made by Mr. Collins, of Iowa, 
 to substitute for the bill a provision that the Attorney Gen- 
 eral should institute proceedings against the company for 
 the purpose of vacating its charter. This motion was de- 
 cided in the negative by a vote of 4 to 22, and the bill was 
 then passed by a vote of 22 to 3. 
 
 The Attorney General reported to the House of Repre- 
 sentatives that in the case of the Attorney General of Wis- 
 consin vs. The Bank of Wisconsin (at Green Bay), which 
 had been pending in the District Court of Brown county, a 
 decree had been entered that the charter of the bank be for- 
 feited, and that Alexander J. Irwin be appointed the per- 
 manent receiver of the institution. 
 
 The " Bank of Milwaukee" was incorporated by an act of 
 the Legislative Assembly, passed November 30, 1836, and 
 
TERRITORY OF WI8C0NSIN IN 1845. 459 
 
 approved and confirmed by an act of Congress passed 
 March 3, 1837. 
 
 By an act of the T(?rritorial Legislature, approved March 
 11, 1839, the act of incorporation was unconditionally re- 
 pealed. 
 
 In July, 1844, the persons who claimed to be the stock- 
 holders of the bank endeavored, through Jonathan E. Ar- 
 nold, their attorney, to make an arrangement with the 
 Attorney General by which the question of the validity of 
 the repeal of the charter might be presented to the Supreme 
 Court for its decision, upon an agreed case, at a term of the 
 court then in session. 
 
 The Attorney General declined any action in the matter 
 on behalf of the Territory at that term of the court and un- 
 til specially authorized and instructed by the Legislature. 
 
 At the next session of the Legislative Assembly, the bank 
 by its officers applied to the Legislature to repeal the repeal- 
 ing act, supported by a petition numerously signed by 
 prominent citizens of Milwaukee. 
 
 The memorial and petition were referred to the committee 
 on incorporations in the Council, a majority of which sub- 
 mitted a report in conformity with the wishes of the bank 
 and the petitioners, accompanied by "a bill for the relief of 
 the Bank of Milwaukee," which in terms repealed the repeal- 
 ing act of 1839 and revived the charter. 
 
 When the bill came up for consideration, after free dis- 
 cussion in a full Council, it was indefinitely postponed by a 
 vote of 9 to 4, Messrs. Kimball, Kneeland, Whiton and 
 Wilcox voting in the negative. 
 
 In relation to the Wisconsin Marine and sPire Insurance 
 Company, a resolution was adopted in the Council instruct- 
 ing the committee on the judiciary to inquire into the legal- 
 ity of passing a law repealing its charter, with liberty to 
 report by bill or otherwise. 
 
 The committee, consisting of Marshall M. Strong, John 
 Catlin and Wiram Knowlton, reported unanimously that 
 " tha company have forfeited their charter " but that the 
 Legislature had no power to repeal it. 
 
 The committee recommend 
 
 " That the Attorney General of this Territory be requested to institute legal proceedings 
 against the company, that the act incorporating them may, as it ought to be, declared 
 void; and that this ^soulless being' be brought to a 'lively sense' of its duties and behold its 
 'enormous iniquities'." 
 
470 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 The report was accompanied by a joint resolution author- 
 izing such proceedings. The resohition was afterwards 
 taken up for consideration by a vote of 7 to 5, and after dis- 
 cussion was laid upon the table. It was again taken up but 
 before any action upon it, the two houses adjourned. 
 
 A resolution was adopted in the House., directing the com- 
 mittee on the judiciary to inquire into the expediency of 
 providing by law for the suppression of the circulation of 
 bills, checks, notes, certificates of deposit or other evidences 
 of debt in circulation in the Territory, as money by any 
 company or corporation not expressly authorized thereto by 
 law. And providing also that the circulation of any such 
 issues in the form or similitude of bank bills should be de- 
 clared to be prima facie evidence of the violation of the 
 charter of any such corporation. 
 
 A report was submitted by the committee, through Mr. 
 Burnett, the chairman, in favor of the suppression of the 
 circulation, referred to in the resolution, but adverse to the 
 proposition contained in the latter clause of it. It was ac- 
 companied by a bill to amend the existing law to restrain 
 unauthorized banking, and give more effect and stringency 
 to its provisions. 
 
 While the bill was under consideration Mr. Collins 
 moved to strike out all after the enacting clause and in- 
 sert — 
 
 '•That the Attorney General of the Territory be and hereby is directed to institute pro- 
 ceedings against the Milwaukee Marine and Fire Insurance Company and the Mississippi 
 Marine and Fire Insurance Company, with a view to have said charters vacated for viola 
 tion of the provisions thereof." 
 
 This motion was lost by a vote of 7 to 19, and the bill was 
 then ordered to a third reading by a vote of 21 to 5, and 
 passed the next day without a division. 
 
 In the Council the bill was indefinitely postponed by a 
 vote of 7 to 6, and thus ended for the session legislative 
 action on the subject of banks and banking. 
 
 Governor Doty had persisted in spelling Wisconsin with a 
 "k" and an "a" — Wis-A:on-san, — and some of the news- 
 papers and his admirers imitated his example, so that* the 
 Legislative Assembly thought it a matter of sufficient im- 
 portance to pass a joint resolution, declaring that the or- 
 thography should be that adopted in the organic act. 
 
 No difference of opinion existed as to the proper orthogra- 
 phy, but only as to the wisdom of passing any resolution on 
 
TERRITORY OF WISCONSIN IN 1845. 471 
 
 the subject. The final vote on the resokition in the House, 
 where it originated, was IG to 0, and in the Council it was 
 
 7 to G. 
 
 The election of a Territorial printer was at this session 
 provided for by law. He was to be elected by joint ballot 
 of the two houses, his term of service to commence 
 at the close of the session at which he was elected, and con- 
 tinue one year and until his successor was elected. He was 
 to give bond in the sum of three thousand dollars and take 
 an oath faithfully to discharge his duties. He was to print 
 the laws and journals and do all the incidental printing, 
 and receive such compensation as should from time to time 
 be established by law. 
 
 Simeon Mills of Madison was the first Territorial printer 
 elected under this law, having received 24: votes out of 38 
 cast. John A. Brown received 13 and McCabe 1. 
 
 The revision of the law regulating taverns and groceries 
 attracted the attention of the Legislative Assembly at this 
 session. 
 
 It was provided by the Revised Statutes of 1839, that the 
 county commissioners of the several counties might grant 
 licenses to the keepers of inns and taverns, to sell strong 
 and spirituous liquors and wines, and to determine the sum 
 to be paid therefor, which should not be less than five 
 dollars nor more than twenty-five, and that they might 
 grant licenses to as many persons as they might think 
 proper, to keep groceries for the sale of strong or spirituous 
 liquors and wines, and that the sum to be paid for such 
 grocery license should be one hundred dollars. 
 
 The sum to be paid for a license to sell in any quantity 
 not less than one quart, was to be not more than seventy- 
 five dollars nor less than twenty dollars, in the discretion of 
 the commissioners. 
 
 Penalties were prescribed by the law for each violation of 
 its provisions, but no specific mode for their enforcement 
 was provided. 
 
 The law passed at this session provided that these penal- 
 ties might be prosecuted for and recovered in the name of 
 the United States, and that it should be the duty of the 
 board of supervisors of every town, and the board of com- 
 missioners of every county, to prosecute for all violations of 
 the law, and any person might do so. 
 
472 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 While the bill was pending in the House, an amendment 
 was proposed, that any person might keep a house of enter- 
 tainment without obtaining a license therefor, provided 
 that no person should sell any spirituous liquors or other liq- 
 uors prohibited by law, without obtaining a grocery license. 
 
 This amendment was lost by a vote of 10 to 16, and in the 
 Council a like amendment was defeated by a vote of 5 to 8. 
 Another bill, giving to the legal voters of each municipality 
 an option to restrain the granting of licenses therein, was 
 reported by the judiciary committee in the House and was 
 defeated by the close vote of 12 to 13, Mr, Thomas of Wal- 
 worth not voting. 
 
 An act passed in 1840, prescribing a penalty for the sale 
 of intoxicating liquors to Indians, was amended so as to 
 make the offense indictable, and punishable by fine and 
 imprisonment. 
 
 From a communication made by the Governor to the 
 Council, in response to a resolution of that body, the same 
 facts in relation to the amount of selected and unselected 
 University lands were presented as were contained in the 
 report at the previous session of the committee on Territo- 
 rial affairs. 
 
 An act was passed at this session which provided that 
 John T. Haight of Jefferson county be appointed the agent 
 of the Territory to select all the lands authorized to be set 
 apart and reserved from sale by act of Congress, which had 
 not been set apart and reserved from sale by the Secretary 
 of the Treasury. 
 
 County treasurers were required by special law to hold 
 their offices at county seats. 
 
 The clerk of the board of county commissioners or county 
 supervisors was authorized, in case he had failed to adver- 
 tise unredeemed lands as required by law, to again advertise 
 them. 
 
 He was also authorized to make deeds for lands sold for 
 taxes and unredeemed, where the tax certificates had been 
 lost, upon the certificate of the district judge that he was 
 satisfied of such loss. 
 
 Judges of probate were authorized by law to require from 
 executors or administrators new or additional bonds. 
 They were also authorized to grant letters of admin- 
 
TERRITOEY OF WISCONSIN IN 1845. 473 
 
 istration upon the estates within the Territory of non-resi- 
 dents. 
 
 Commissioners were appointed to lay out Territorial roads: 
 
 From Milwaukee to Fort Winnebago via county seat of 
 Dodge county. 
 
 From Milwaukee to Fox Lake, crossing Rock River near 
 the outlet of the Winnebago Marsh (Horicon). 
 
 From Spring street in Milwaukee to intersect the road 
 leading from Milwaukee to Mukwanago. 
 
 From Third street in Milwaukee until it intersects the 
 United States road from Milwaukee to Green Bay south of 
 Mad Creek. 
 
 From Milwaukee to Fond du Lac, passing near the centre 
 of Washington county. 
 
 From Prairieville (Waukesha) to Fond du Lac. 
 
 From Prairieville, via Menomonee Falls, to the county seat 
 of Washington county. 
 
 From Potters' Lake to the east line of Walworth county. 
 
 From Waupun, via Ceresco, to the county seat of Portage 
 county. 
 
 From section thirty-five, town six, range seventeen east, 
 in town of Ottawa to Prairieville. 
 
 From Monroe to Janesville. 
 
 From house of Jared S. Walsworth in Portage county 
 to Grand Rapids. 
 
 From section twenty-eight, town three, range nine east, to 
 Janesville. 
 
 From Exeter in Green county to Beloit. 
 
 From section thirty-one, town one, range nine east, to 
 Madison. 
 
 From Watertown, by county seat of Dodge county, to Fond 
 du Lac. 
 
 From Sheboygan, via county seat of Dodge county, to 
 Madison. 
 
 From Madison, via Fountain Prairie, to Fox Lake. 
 
 From Summit to Fond du Lac. 
 
 From Fond du Lac, via Ceresco, to Fort Winnebago. 
 
 From Washington harbor (Ozaukee) to Fond du Lac. 
 
 From Columbus to Dekora. 
 
 From Columbus, via Washara (Fox Lake), to Watertown. 
 
 From Isaac Noyes, in Dodge county, to Seymour Wilcox's, 
 in Fond du Lac. 
 
474 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 From Janesville, via Indianford and Catfish Mills, to 
 Madison. 
 
 From northeast corner of section 35, town 1, range 3 east, 
 in Iowa county, via Spafford's branch, to Monroe. 
 
 From Janesville, via Exeter, to Mineral Point. 
 
 From the county seat of Washington county, to Hustis' 
 Rapids. 
 
 From Eagle, via Spring Lake, to Prairieville. 
 
 From Watertown to Milwaukee; and 
 
 From Watertown to Mineral Point. 
 
 The compensation of road supervisors was fixed by law, 
 and provision made for the application of delinquent road 
 taxes to the repair of highways. 
 
 The board of supervisors of Milwaukee county were 
 specially authorized to levy and collect three thousand dol- 
 lars, subject to the approval of the tax-payers at town meet- 
 ing, to be expended in the construction of roads and bridges. 
 
 The supervisors of Brown county were authorized to levy 
 a tax not exceeding one per cent, annually, subject to a vote 
 of the people of the county, for the purpose of constructing 
 a McAdam, plank, or turnpike road from the foot of the 
 Grand Kakalin to Winnebago Lake. 
 
 The controversy which had existed for several years in 
 Milwaukee, at one time threatening violence and bloodshed, 
 appears to have found a quietus in the passage of a law at 
 this session, which authorized the trustees of the east, the 
 west, and the south wards, or of either of them, or the people 
 who inhabit them — 
 
 "To build, maintain, repair, rebuild and keep in operation at the expense of said wards, 
 or either of them, bridges at the following places : From the foot of Cherry street to 
 Water street, from the foot of Wisconsin street to Spring street, and from the foot of 
 Water street to Walker's Point." 
 
 Commissioners were appointed for carrying into effect an 
 act of Congress of June, 1844, appropriating a section of 
 land for the improvement of Grant River, in the town of 
 Potosi. 
 
 The commissioners were to cause the section (section 34, 
 town 3, range 3 west) to be surveyed into lots, and to decide 
 upon and award pre-emptions. The lots were to be appraised 
 and sold. A receiver was appointed who was to receive all 
 moneys paid for lots, and give certificates of such payments, 
 which entitled the purchaser to receive from the Governor 
 of the State a patent for the lot. 
 
TEREITORY OF WISCONSIN IN 1845. 475 
 
 The commissioners were to cause a survey and estimate 
 to be made of the improvement provided for by the act of 
 Congress, and report to the next Legislative Assembly. 
 
 The moneys were to remain in the hands of the receiver, 
 to be applied to the improvement in such manner as the 
 Legislative Assembly should thereafter direct. 
 
 A select committee of one from each election district was 
 appointed to inquire into the expediency of erecting a peni- 
 tentiary or Stale prison. They submitted a report setting 
 forth the great necessity of such a penal institution, but not 
 recommending any other measure looking to its attainment 
 except a memorial to Congress soliciting an appropriation 
 of a sufKcient sum to enable the Territory to erect a portion 
 at least of a suitable building in which the criminals of the 
 Territory may be confined and employed. The memorial 
 was adopted, but no appropriation made by Congress fer the 
 purpose. 
 
 The Wisconsin River Navigation Company was incorpo- 
 rated, with authority to erect a dam across the Wisconsin 
 River below the Little Bull Falls, of such height as would 
 raise the water on the falls as high as the surface of the 
 water above them, with a slide for the passage of rafts, and 
 to receive tolls for the passage of lumber, shingles and 
 timber. 
 
 John Hustis, his associates, successors and assigns, 
 were authorized to build and maintain a dam across Rock 
 River upon the east half of section 9, town 10, range IG 
 east (Hustisford), in Dodge county. 
 
 J. Cary Hall, his associates, successors and assigns, 
 were authorized to build and maintain a dam on such part 
 of the Menomonee River as was within the jurisdiction of 
 the Territory, in section 1, town 32, range 22 east. 
 
 Horace R. Jerome, his associates, successors and assigns, 
 were authorized to build and maintain a dam on such part 
 of the Menomonee River as was within the jurisdiction of 
 the Territory, at a place called White's Rapids, on un sur- 
 veyed land. 
 
 Joachim Grenhagen, his associates, successors and as- 
 signs, were authorized to erect and maintain a dam across 
 the Milwaukee River, on sections 19 or 20, town 8, range 22 
 east, in Milwaukee county, at what has since been called 
 Good Hope. 
 
476 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 Applications for divorce were made in tbe Council by 
 Maria Woodford McElwain from her husband, and in the 
 House by Uriel B. Smith, Seth H. Marquisse, and Matthias 
 Chilton, from their wives respectively. 
 
 The first passed both houses and became a law. The bill 
 to divorce Uriel B. Smith from his wife passed the House 
 by a vote of 14 to 10, and was rejected in the Council on its 
 second reading by a vote of 7 to 4. 
 
 In the cases of Seth H. Marquisse an d Matthias Chil- 
 ton, the committee on the judiciary in the House made 
 adverse reports, and no further action was had in relation 
 to them. 
 
 The name of Frances Adelle Crandall was changed to 
 that of Frances Adelle Whiting by a special act, which 
 declared that she should thereafter be knov/n and recog- 
 nized as the adopted child of John Whiting, of Bloomfield, 
 Walworth county, and as such be capable of inheriting and 
 holding his property. 
 
 Joel T. Landrum of Iowa county petitioned the Legisla- 
 ture to pass an act changing the name of his natural son Jose- 
 phus Matthews, an infant of about ten years, and to legiti- 
 matize his said natural son so as to enable him to inherit the 
 property of his father, which was done so far as an act of 
 the Legislative Assembly could do it. 
 
 A co-operative association was incorporated under the 
 name of the "Wisconsin Phalanx," It was located in the* 
 township of Ceresco, in Fond du Lac county, to which its 
 business was restricted. Warren Chase, Lester Rounds 
 and Uriel Farmin were authorized to receive subscriptions 
 to stock. Afterwards the officers of the association were to 
 be one president, one vice-president, secretary, treasurer 
 and nine councillors. The act prescribed the duties of the 
 officers and the manner in which the affairs of the corpora- 
 tion should be conducted. 
 
 The Janesville Academy was incorporated. 
 
 Certain citizens of Milwaukee and their associates and such 
 persons as thereafter might be associated with them were 
 incorporated by the name of the "First Congregational 
 Society in Milwaukee." The act of incorporation contained 
 the unique provision that " nothing herein contained shall 
 be so construed as to give to said society banking powers." 
 
TERRITORY OF WISCONSIN IN 1845. 477 
 
 Besides the memorial to Congress, soliciting an appro- 
 priation for a penitentiary, already mentioned, several 
 others were adopted by the Legislative Assembly, 
 
 One in relation to the lands granted by Congress to aid in 
 the construction of the Milwaukee and Rock River canal, 
 asking, among other things, that the proceeds of the sales 
 of the lands might be donated to the Territory to be appro- 
 priated to beneficial public uses, of which the payment of 
 the debt incurred in completing the Capitol ; $50,000 for 
 building a penitentiary, and $20,000 for a normal school, 
 were suggested. 
 
 One, asking for the passage of a bill which had passed the 
 Senate at the previous session making an appropriation for 
 the improvement of the Fox and Wisconsin Rivers. 
 
 Two, asking for the establishment of mail routes from 
 Racine, wa Beloit, to Galena, Ills., and from Milwaukee, via 
 Whitewater and Fort Atkinson, to Madison. 
 
 Three, asking appropriations for roads, from the Falls 
 of St. Croix to LaTointe ; from Prairie du Chien to La'- 
 Pointe, and from Fort Howard, Green Bay to Fort W^ilkins, 
 Copper Harbor on Lake Superior. 
 
 An itemized fee bill for services rendered by the clerk of 
 the Supreme Court, and also by the Secretary of the Terri- 
 tory, was at this session, for the first time, prescribed by 
 law. 
 
 An act was passed " for the protection of sheep " ; which 
 provided that if any dog should be found killing, wounding 
 or worrying any sheep, it should be lawful for any person 
 forthwith to kill the dog. It also proliibited rc^ms from run- 
 ning at large between the months of August and December, 
 by imposing a penalty of five dollars on the owner. 
 
 The appropriations made by the Legislative Assembly at 
 this session for its incidental expenses, printing, postage, etc., 
 exclusive of pay and mileage of membp j and pay of offi- 
 cers was $G,G00.G0. 
 
 After the passage of an act that the laws passed at that 
 session should take effect on the first day of June, unless 
 otherwise specially provided in the act itself, the Legisla- 
 ture adjourned on the 24th of February sine die, after a 
 session of fifty days. 
 
478 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 An act of Congress was passed in 1807, by which it was 
 enacted that the several lead mines in the Indiana Terri- 
 tory shall be reserved for the future disposal of the United 
 States, and the President was authorized to lease any such 
 lead mine for a term not exceeding five years. 
 
 The lead mines of Wisconsin and Illinois were then in 
 Indiana Territory. 
 
 Pre-emption laws were passed in 1830, 1832, 1834, 1838 and 
 1840. 
 
 Another act was passed June 26, 1834, creating additional 
 land districts in Illinois and Missouri and creating two land 
 districts in Wisconsin (Green Bay and Mineral Point) which 
 authorized the President to cause to be offered for sale all 
 the lands lying in said districts 
 
 " Eeserving only section sixteen, the tract reserved for the village of Galena, such other 
 tracts as have been granted to individuals, and the State of Dlinois, and such reservations 
 as the President shall deem necessary for military posts, any law of Congress heretofore 
 existing to the contrai-y notwithstanding." 
 
 It was claimed by the occupants of lands containing lead 
 mines that they were entitled to pre-emptions under some 
 of these pre-emption laws, and especially that such lands 
 were subject to private entry under the act of June 20, 1834. 
 
 This claim was not recognized by the General Land Of- 
 fice nor by the local land offices. 
 
 A case was finally decided during the December term, 
 1 844, of the Supreme Court of the United States, of The 
 United States vs. H. H. Gear, reported in 3d Howard's 
 Reports, p. 120, in which the court decided that — 
 
 "It was not intended to subject lead mine lands in the districts made by the act of June 
 26, 1834, to sale as other public lands are sold, or to make them liable to preemption by 
 settlers." 
 
 In its reasoning the court say that the authority to sell 
 these lands — 
 
 "Can only mean all lands not prohibited from being sold, or which have been reserved 
 from sale by force of law." * * # "a power to sell all lands given in a law subsequent 
 to another law expressly reserving lead mine lauds from sale, cannot be said to be a power 
 to sell the reserved lands when they are not named, or to repeal the reservation." 
 
 This decision was by a divided court, Judges Story, 
 McLean and McKinley dissenting, and a dissenting 
 opinion prepared by Judge McLean was read, and con- 
 curred in by Judges Story and McKinley. 
 
 After this decision was promulgated, the superintendent 
 of the lead mines at Galena, on the 2Gth May, 1845, issued a 
 circular notice that — 
 
TEREITORY OF WISCONSIN IN 1845. 479 
 
 "In consequence of a recent decision, in which the rights of the United States to the 
 lead mines have been clearly defined and established," — 
 
 All persons mining or wishing to mine upon any lands to 
 which a patent had not issued, were required to pay 
 whatever rents may be due and take out a lease for mining, 
 and that he had been instructed in case of necessity, to 
 take legal measures to carry into effect the notice. 
 
 Although this decision and the notice of the superintend- 
 ent caused much uneasiness among the occupants of the 
 lead mine lands, but few of them paid any rents ^r took 
 any leases, as a very general feeling prevailed that an act 
 of Congress would be passed by which titles to the lands 
 could be obtained. Subsequent events showed that this 
 feeling was well founded. 
 
 The President of the United States in his message Decem- 
 ber 1, 1845, said: 
 
 " The present system of managing the mineral lands of the United States is believed to 
 be radically defective. More than a million acres of the public land, supposed to contain 
 s. lead and other minerals, have been reserved from sale and numerous leases upon theni 
 have been granted to individuals upon a stipulated rent. The system of leases has proved 
 to be not only unprofitable but unsatisfactory to the citizens who have gone upon the lands 
 and must, if continued, lay the foundation of much future difficulty between the govern- 
 ment and the lessees." 
 
 " According to the official records, the amount of rent received by the government for 
 the years 1841 '42, '43 and '44 was $6,344.74, while the expenses of the system during the 
 same period, including salaries of superintendents, agents, clerks and incidental expenses 
 were $26,111.11 — the income beingless than one fourth of the expense?. The sj"Slem has 
 given rise to much litigation between the United States and individual citizens, producing 
 irritation and excitement in the mineral region and involving the government in heavy 
 •additional expenditures." ********* 
 
 " I recommend the repeal of the present system and that these lands bo placed under 
 the superintendence and management of the General Land Office as other public lands 
 and brought into market and sold upon such terms as Congress in their wisdom may pre- 
 scribe." 
 
 On the loth of May, 1845, Hon. Henry Dodge was ap- 
 pointed Governor of the Territory in place of Nathaniel P. 
 Tallmadge removed, being thus restored to the place from 
 which in 1841, he had been removed by President Tyler to 
 give place to James D. Doty. 
 
 On the Gth of May, Gov. Dodge returned from Washing- 
 ton to his residence five miles from Mineral Point, where, 
 after a few days he was waited upon by a committee ap- 
 pointed at a large meeting of the citizens of Mineral Point 
 without distinction of party, by whom he was tendered a 
 public dinner. He accepted the invitation and at the time 
 
4.80 
 
 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 fixed for the ovation, the 5th of June, a large concourse as- 
 sembled. The Governor was escorted from his residence to 
 Mineral Point by the Mineral Point Dragoons, under com- 
 mand of Capt. John F. O'Neill, where he was met by the 
 citizens of the town and others, who formed in procession 
 and marched to the Court House, where the Governor was 
 welcomed on behalf of the people in an appropriate address 
 to which he briefly responded. The procession again formed 
 and marched to the Mansion House and partook of a dinner 
 which mas followed with numerous toasts. The festivities 
 of the day were followed by a ball at the Court House. 
 
 During the month of May, George W. Jones was restored 
 to the office of Surveyor General of Wisconsin and Iowa, 
 from which he had been removed by President Tyler in 
 1841. 
 
 Soon after the 4th of March, John S. Rockwell was ap- 
 pointed Marshal of the Territory in place of Charles M. 
 Prevost whose commission had expired. 
 
 Subsequently Wm. P. Lynde was appointed United States 
 Attorney, in place of Thomas W. Sutherland removed. 
 
 Paschall Bequette was appointed Receiver of Public 
 Moneys at the Mineral Point Land Office. 
 
 George H. Walker was appointed Register of the Land 
 Office at Milwaukee in place of Paraclete Potter whose 
 term of service had expired. 
 
 The Democratic Territorial convention was held at Madi- 
 son on the 25th of June, and resulted in the nomination of 
 MoRG N L. Martin of Green Bay on the eighteenth ballot, 
 as candidate for delegate. 
 
 The following table exhibits the results of the several 
 ballots : 
 
 Candidates. 
 
 Morgan L. Martin 
 
 D. A. J. Upham 
 
 Fkancis J. Dunn.. 
 Moses M. Strong . 
 Mason C. Darling 
 
 Michael Frank 
 
 Scattering 
 
 1 
 
 2 
 
 3 
 
 4 
 
 5 
 
 6 
 
 7 
 
 8 
 
 9 
 
 10 
 
 11 
 
 12 
 
 13 
 
 14 
 
 15 
 
 16 
 
 17 
 
 21 
 
 23 
 
 23 
 
 21 
 
 22 
 
 24 
 
 21 
 
 23 
 
 IE 
 
 23 
 
 23 
 
 23 
 
 16 
 
 17 
 
 
 5 
 
 3 
 
 31 
 
 25 
 
 24 
 
 31 
 
 28 
 
 27 
 
 24 
 
 19 
 
 22 
 
 26 
 
 24 
 
 24 
 
 21 
 
 22 
 
 23 
 
 24 
 
 26 
 
 30 
 
 21 
 
 20 
 
 20 
 
 19 
 
 19 
 
 20 
 
 15 
 
 19 
 
 20 
 
 20 
 
 22 
 
 21 
 
 19 
 
 19 
 
 19 
 
 19 
 
 2 
 
 3 
 
 8 
 
 4 
 
 5 
 
 4 
 
 5 
 
 11 
 
 3 
 
 5 
 
 5 
 
 2 
 
 1 
 
 1 
 
 1 
 
 
 
 
 
 1 
 
 5 
 
 7 
 
 2 
 
 2 
 
 1 
 
 2 
 
 7 
 
 15 
 
 2 
 
 
 
 4 
 
 12 
 
 16 
 
 27 
 
 29 
 
 26 
 
 
 
 
 
 
 
 
 
 
 
 
 
 1 
 
 1 
 
 
 
 2 
 
 4 
 
 1 
 
 5 
 
 1 
 
 1 
 
 1 
 
 1 
 
 2 
 
 1 
 
 1 
 
 
 
 2 
 
 3 
 
 5 
 
 2 
 
 1 
 
 1 
 
 2 
 
 2 
 
 2 
 
 1 
 
 
 
 
 
 
 
 49 
 20 
 
 
 6 
 
 
TERRITORY OF WISCONSIN IN 1845. 481 
 
 Mr. Martin bein^ at Madison was waited upon by a com- 
 mittee who informed him of his nomination. He immedi- 
 ately addressed a letter to the committee, in which, after 
 expressing his acknowledgments for the honor conferred, he 
 said : 
 
 " Encouraged by the approbation heretofore expressed in my favor by my fellow-citi- 
 zens during a long residence among them, I accept the nomination, and trust that the 
 fondest expectations of ray friends will be realized in the coming contest." 
 
 The Territorial Whig convention was first called to be 
 held at Madison on the 9th day of July, and by order of the 
 Territorial central committee the time was postponed to the 
 24th of July, at which time the convention met and, with- 
 out much controversy, nominated Hon. James Collins, of 
 Iowa county, as the candidate of that party for delegate in 
 Congress. 
 
 Both candidates made a very thorough canvass of the 
 Territory. 
 
 Edward D. Holton, of Milwaukee, was also a candidate, 
 having been nominated by the anti-slavery party, then 
 designated as the " Liberty" party. 
 
 The election was held on the fourth Monday (22d) of Sep- 
 tember, and the result was: 
 
 Whole number of votes cast was 13,393 
 
 Of which Morgan L. Martin received 6,803 
 
 James Collins 5,787 
 
 Edward D . Holton 790 
 
 Scattering 13 
 
 Mr. Martin took his seat as delegate on the first Monday 
 of December. 
 
 Railroads were much talked of and anticipated as one of 
 the developments of the near future, but as yet no work of 
 construction had been commenced. The demands of the 
 young community, however, for public means of inter-com- 
 munication had not been overlooked. 
 
 By the joint enterprise of Messrs. Feink, Walker & Co., of 
 Chicago, L. P. Sanger of Galena, and Davis & Moore of 
 Milw:.i.kee, a daily line of four-horse post coaches ran from 
 Mil\v'aukee to Galena, through in three days. The line, 
 which left Milwaukee on Mondays, Wednesdays, and Fri- 
 days, went via Troy, Janesville, Monroe, Wiota, Sliullsburg 
 and White Oak Springs, lodging at Janesville and Shulls- 
 burg. 
 
 The line which left Milwaukee on Tuesdays, Thursdays 
 
482 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 and Saturdays, went via Prairieville, Whitewater, Fort 
 Atkinson, Madison, Blue Mounds, Dodgeville, Mineral Point, 
 Platteville and Hazel Green, lodging at Madison and Min- 
 eral Point. 
 
 Another line left AVhitewater tri-weekly, via ■ Milton, 
 Janesville and Beloit for Kockford, where it connected with 
 the Galena and Chicago daily line of stages. 
 
 Another tri-weekly line ran from Milwaukee for New 
 Berlin, Vernon, Mukwonago and Troy, returning every alter- 
 nate day, forming a daily line between Milwaukee and 
 Troy. 
 
 Another tri-weekly line ran from Milwaukee via Oak 
 Creek, Racine, and Southport to Chicago, returning alter- 
 nate days. 
 
 At Madison, connection was made with a stage line to 
 Fort Winnebago, and at Platteville with another to Prairie 
 du Chien. 
 
 There were other less important lines in different parts of 
 the Territory. 
 
 On the 6th of April, Milwaukee was visited with the most 
 disastrous conflagration which it had ever experienced. The 
 fire broke out in a small wooden building opposite the Cot- 
 tage Inn, and spread with frightful rapidity, burning down 
 two entire squares before its progress was arrested. The 
 Cottage Inn, and every other building between Michigan 
 and Huron streets, except a barn and two or three small 
 tenements, were destroyed by the fire. 
 
 It was a serious calamity for Milwaukee in its infancy, 
 and many of its citizens sustained very severe losses. Most 
 of the buildings were of wood, and Milwaukee had reached 
 that state of progress and prosperity that the demands of 
 its business required the erection of more imposing and 
 commodious structures. 
 
TERRITORY OF WISCONSIN IN 1846. 483 
 
 CHAPTER XXVII. 
 
 TERRITORY OF WISCONSIN — 1840. 
 
 The last half of the tenth year of the tutelage which com- 
 menced with the organization of the Territorial govern- 
 ment in 183G, furnished unmistakable evidence that a 
 decided majority of the hundred thousand or more of its 
 inhabitants were now disposed to exchange their dependent 
 relations to a distant paternal government, for the responsi- 
 bilities and the anticipated advantages of an independent 
 sovereignty as a State in the Union of States. 
 
 The existence of this disposition had been officially dem- 
 onstrated by a direct vote of the electors in April, and the 
 "shadow of the coming event" was so distinctly discernible 
 early in the year that a superficial observer could not fail 
 to see it, so that the important preliminary laws were 
 enacted both by Congress and the Territorial Legislature 
 for the creation of a State government. 
 
 The radical and important changes in the political con- 
 dition of the inhabitants of Wisconsin, which were felt to 
 be so certain to occur during the year 184G, gave to the an- 
 ticipated events of the year a significant interest. 
 
 At the first session of the Twenty-ninth Congress, which 
 commenced in December, 1845, an act commonly called an 
 "enabling act,"' was passed, which authorized the people 
 of the Territory ~ ^ 
 
 "To form a constitution and State government for the purpose of being admitted into the 
 " Union on an equal footing with the original States in all respects whatsoever, by the 
 " name of the State of 'Wisconsin, with the following boundaries:" 
 
 The entire boundaries are particularly described, and are 
 the same as subsequently adopted in the constitution and 
 as now exist. 
 
 The unjust exercise of its power by the National Govern- 
 ment, in violation of the rights guaranteed to the "Fifth 
 State" by the ordinance of 1787, while Wisconsin had no 
 voice with which to protest, seconded by the greed of 
 Illinois for an unwarranted extension of her northern 
 boundary, and her adverse occupancy for twenty-eight 
 
484 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 years of 7,500 square miles of our Territory, closed the door 
 to all controversy over our southern boundary. 
 
 The concession by Congress to Michigan of the Northern 
 Peninsula, in consideration of the release by her to Ohio 
 of the territory in dispute between those states, prevented 
 any controversy in relation to our northeastern boundary. 
 
 But upon the northwest, the territorial rights of the Fifth 
 State under the Ordinance of 1787, as far as the Mississippi 
 River to its head waters in Itasca Lake, were clear and un- 
 disputed, and had been impaired by no previous action of 
 Congress. To have extended its northwestern boundary to 
 the extreme limit to which Wisconsin was entitled, would 
 have given her all that part of Minnesota east of the Mis- 
 sissippi, extending west to about the 05th degree of longi- 
 tude, and intersecting the boundary line of the British 
 possessions near where it leaves the Lake of the Woods in 
 latitude forty-nine degrees. 
 
 It was however the policy of Congress — at least of the 
 non-slaveholding states, which were now in a majority — to 
 provide for a "Sixth State" out of the old Northwest Terri- 
 tory, supplemented by a small part of the '•' Louisiana Ter- 
 ritory." 
 
 To accomplish this object it was provided in the enabling 
 act that the boundary after passing through Lake Superior 
 to the mouth of the St. Louis River, should follow 
 
 " Up the main channel of said river to the first rapids in the same above the Indian 
 village, according to Nicolletfs map; thence due south to the main branch of the St. Croix 
 River; thence down the main channel of said river to the Mississippi." 
 
 The enabling act extended the laws of the United States 
 over the State of Wisconsin, provided for a district court, a 
 judge, marshal and attorney, and that the State should be 
 entitled to two representatives in Congress. 
 
 It submitted to the convention which should assemble for 
 the purpose of forming a constitution the following propo- 
 sitions, which if accepted by the convention and ratified by 
 an article in the constitution, should be obligatory on the 
 United States, viz.: 
 
 First. That section sixteen in every township shoiild be granted to the State for the use 
 of schools. 
 
 Second. That the seventy -two sections set apart for a University by the act of June 12, 
 1838, are granted to the State solely for the use and support of such University. 
 
 Third. That ten sections be granted to the State for the purpose of completing the pub- 
 lic buildings, or for the erection of others at the seat of government of the State. 
 
TERRITORY OF WISCONSIN IN 1846. 485 
 
 Fourth. That all salt springs in the State not exceeding twelve, with sis sections of 
 land adjoining or as contiguous as may be to each, be granted to the State. 
 
 Fifth. That five per cent, of the net proceeds of sales of all public lauds lying within the 
 State, shall be paid to the State for the purpose of making public roads and canals in the 
 
 same. 
 
 These five propositions were on the condition that tlie con- 
 stitution or an irrevocable ordinance should provide that 
 the State should never interfere with the primary disposal 
 of the soil within the same by the United States, that no 
 tax should be imposed on lands, the property of the United 
 States, and that in no case should non-resident proprietors 
 be taxed higher than residents. 
 
 The parsimoniousness of Congress in the matter of appro- 
 priations to promote the welfare and prosperity of the 
 Territory was well calculated to increase the feeling in fa- 
 vor of a change from a Territorial to a State government. 
 
 A bill passed both houses of Congress making appropria- 
 tion for the improvement of rivers and harbors, which in- 
 cluded the more important harbors on Lake Michigan but 
 the veto of President Polk prevented it from becoming a 
 law. 
 
 A bill was reported in the House appropriating $25,000 to 
 aid in the construction of roads, but it did not become a law. 
 It distributed the appropriations as follows: Milwaukee and 
 Fond du Lac road 81,000; Milwaukee and Madison $4,000; 
 Beloit to Winnebago $4,000; Racine and Madison $3,000; 
 Green Bay and Fond du Lac $2,000; Green Bay and Chi- 
 cago $4,000; Sheboygan and Fox River $2,000; and Platte- 
 ville and Potosi $2,000. 
 
 The Delegate in Congress was Hon. Morgan L. Martin, 
 who resided at Green Bay, and had always as a member of 
 the Territorial Legislature, and by his unofficial actions, 
 manifested a deep interest in the improvement of the nav- 
 igation of the Fox and Wisconsin Rivers. 
 
 An act was passed at this session, the result, it was be- 
 lieved, in a great measure of the active efforts of the Dele- 
 gate, which granted to the State on its admission into the 
 Union, for the purpose of improving the navigation of these 
 rivers, and connecting them by a canal ; every alternate 
 section of land, for three sections in width, on each side of 
 the said Fox River and the lakes through which it passes, 
 and of the canal. 
 
 Complaints were made that this grant was obtained at 
 
486 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 the cost of the neglect of other interests by the Delegate. 
 But there is no evidence of any foundation for such com- 
 plaints. 
 
 The appropriation for salaries of United State oflScers of 
 the Territory were the same as usual, but that for the Legis- 
 lative expenses was only $13,700. 
 
 An act was passed giving to the Surveyor-General of 
 Wisconsin and Iowa the same annual salary as the other 
 Surveyors-General, and the same amount for clerk hire as 
 the Surveyor-General northwest of the Ohio. The effect of 
 this was to increase the amount of salary and clerk hire 
 from $3,100 to $8,300. 
 
 The act for the relief of the Stockbridge tribe of Indians, 
 approved March 3, 1843, was repealed, and the tribe or 
 nation was restored to its ancient form of government. 
 The repealing act provided for giving to such of the Indians 
 as chose to become citizens, their proportion of the Indian 
 land in severalty, and that the remainder of the land should 
 be held in common by the remainder of the tribe. 
 
 The only other act passed at this session of Congress 
 especially affecting the interests of the people of the Terri- 
 tory was one 
 
 ' ' To authorize the President to sell the reserved mineral lands in the States of Illinois 
 and Arkansas and the Territories of Wisconsin and Iowa supposed to contain lead ore." 
 
 The fourth annual session of the fourth Legislative Assem- 
 bly commenced at Madison on the 5tli day of January, 
 1846. 
 
 In the Council but one change from the previous year 
 had occurred. Mr. Ray, of Milwaukee county, had re- 
 signed, and Mr. Curtis Reed was elected in his place. 
 
 In the House more than half the members had resigned 
 and new ones elected to fill the vacancies. 
 
 In Brown county Elisha Morrow succeeded Mr. Fowler. 
 
 In the district composed of Rock and Walworth, all the 
 members, being Messrs. Field, Mills, Thomas, and Moore 
 resigned, and Messrs. Warner Earl, Gaylord Graves,. 
 and Caleb Croswell, of Walworth county, and Mr. Ira 
 Jones, of Rock county, took their places. 
 
 In Racine county Messrs. McClellan and Northway 
 gave place to Messrs. Andrew B. Jackson and Julius 
 Wooster. 
 
TERRITORY OF WISCONSIN IN 1846. 
 
 487 
 
 In Milwaukee county Messrs. Brown, Ellis, Kilbourn, 
 Shew, and Walker were succeeded by Messrs. Samuel H. 
 Barstow, John Crawford, James Magone, Luther Parker 
 and William H. Thomas. 
 
 In Iowa county Messrs. Collins and Oliver had resigned 
 and Messrs. H. M. Billings, and Charles Pole were their 
 successors. 
 
 In Grant county, in place of Mr. Hicks, Armstead C. 
 Brown was the member. 
 
 The Council w^as organized by the election of Nelson 
 Dew^ey, President, Ben C. Eastman, Secretary, and Joseph 
 Brisbois, Sergeant- at- Arms. Mr. Eastman resigned on the 
 18th of January, and William R. Smith was elected his suc- 
 cessor. 
 
 In the House Mason C. Darling was elected Speaker, 
 La'Fayette Kellogg, Chief Clerk, and David Bonham, Ser- 
 geant-at-Arms. 
 
 The following table exhibits the names, place of nativity, 
 age, residence, and occupation of each of the members of 
 the Legislative Assembly : 
 
 MEMBERS OF THE COUNCIL. 
 
 Names. 
 
 Nativity. 
 
 < 
 
 Residence. 
 
 Occupation. 
 
 Charles M. Baker — 
 
 N. York City . 
 
 41 
 
 Geneva, Walworth Co. 
 
 L,avryer. 
 
 John Catlin 
 
 Vermont . ... 
 
 41 
 
 Madison, Dane Co 
 
 Lawyer. 
 
 Nelson Dewey 
 
 Connecticut... 
 
 32 
 
 Lancaster, Grant Co 
 
 La^TJ'er. 
 
 Michael Frank 
 
 New York 
 
 .30 
 
 Southport, Racine Co 
 
 Printer. 
 
 J. 11. Kimball 
 
 Maine 
 
 4.-) 
 
 Prairie ville, Milwaukee Co.. 
 
 Farmer. 
 
 James Knekland 
 
 New Y'ork . . . 
 
 ;>>! 
 
 Milwaukee 
 
 Merchant. 
 
 WiRAM Knowlton 
 
 New York — 
 
 CO 
 
 Prairie du Chien 
 
 Lawyer. 
 
 Curtis Reed 
 
 Vermont 
 
 :>,() 
 
 Summit, Milwaukee Co 
 
 Farmer. 
 
 John H. Rountree — 
 
 Kentucky 
 
 40 
 
 Platteville, Grant Co 
 
 Merchant. 
 
 Marshall M. Strong. 
 
 Massachusetts 
 
 3(> 
 
 Racine, Racine Co 
 
 Lawyer. 
 
 Moses M. Strong 
 
 Vermont 
 
 3j 
 
 Mineral Point, Iowa Co 
 
 Lawyer. 
 
 Edward V. Whiton. . . 
 
 Ma.ssachusetts 
 
 40 
 
 Janesville, Rock Co 
 
 Lawyer. 
 
 Randall Wilcox 
 
 Massachusetts 
 
 51 
 
 Depere, Brown Co 
 
 Farmer. 
 
 
 
 
488 
 
 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 MEMBERS OF THE HOUSE OF REPRESENTATIVES. 
 
 Names. 
 
 Nativity. 
 
 m 
 
 < 
 
 Residence. 
 
 Occupation. 
 
 Samdbl H. Barstow. . . 
 
 Connecticut . . 
 
 39 
 
 Pewaukee, Milwaukee Co. . . 
 
 Farmer. 
 
 Henry M. Billings . . . 
 
 New York 
 
 39 
 
 Centreville, Iowa Co 
 
 Miner. 
 
 Abraham Brawley. . . 
 
 Pennsylvania. 
 
 32 
 
 Pinery, Portage Co 
 
 Lumberman. 
 
 Armstead C. Brown . . 
 
 Missouri 
 
 30 
 
 Potosi, Grant Co 
 
 Justice of Peace 
 
 Thomas P. Burnett. . . 
 
 Virginia 
 
 45 
 
 Grant Co 
 
 Lawyer and far. 
 
 JIaek R. Clapp 
 
 Vermont 
 
 42 
 
 Aztalan, Jefferson Co 
 
 Farmer. 
 
 John Crawj-'oed 
 
 Vermont 
 
 53 
 
 Wauwatosa, Milwaukee Co. 
 
 Farmer. 
 
 Caleb Croswei^ 
 
 New York 
 
 34 
 
 Delavan, Walworth Co 
 
 Printer. 
 
 Thomas Cruson 
 
 Kentucky — 
 
 43 
 
 Platte ville, Grant Co 
 
 Farmer. 
 
 Mason C. Darling 
 
 Massachusetts 
 Rhode Island. 
 
 45 
 36 
 
 Fond du Lac 
 
 Physician. 
 
 William M. Dennis . . . 
 
 WatertowH, Jefferson Co . . . 
 
 Farmer. 
 
 Warner Earl 
 
 New York 
 
 30 
 
 Whitewater, Walworth Co. . 
 
 Lawyer. 
 
 James Fisher 
 
 Pennsylvania 
 New York.... 
 
 30 
 
 Prairie du Chien 
 
 Carpenter. 
 
 Gaylord Graves 
 
 41 
 
 East Troy, Walworth Co . ... 
 
 Farmer. 
 
 Robert C. Hoard... . 
 
 Tennessee 
 
 58 
 
 Mineral Point, Iowa Co 
 
 Miner. 
 
 Andrew B. Jackson .. 
 
 Connecticut . . 
 Ohio 
 
 31 
 36 
 37 
 
 Bristol, Racine Co 
 
 Farmer. 
 
 Ira Jones 
 
 Union, Rock Co 
 
 Farmer. 
 
 James Magone 
 
 New York 
 
 Milwaukee 
 
 Shipwright. 
 
 Benjamin H. Moores. 
 
 New York 
 
 52 
 
 Hamburg, Washington Co. . 
 
 Farmer. 
 
 Elisha Morrow 
 
 New Jersey... 
 
 28 
 
 Green Bay, Brown Co 
 
 Lawyer. 
 
 Luther Parker 
 
 N. Hampshire 
 
 45 
 
 Muskego, Milwaukee Co 
 
 Farmer. 
 
 Noah Phelps 
 
 New York 
 
 Maryland 
 
 Vermont 
 
 37 
 31 
 
 Monroe, Green Co 
 
 Farmer. 
 
 Charles Pole 
 
 Shullsbui-g, Iowa Co 
 
 Burlington, Racine Co 
 
 Miner. 
 
 Orson Sheldon 
 
 38 
 
 Merchant. 
 
 William H. Thomas . . 
 
 New York ... 
 
 24 
 
 Lisbon, Milwaukee Co 
 
 Farmer. 
 
 Julius Wooster 
 
 Connecticut . . 
 
 32 
 
 Caledonia, Racine Co. 
 
 Farmer. 
 
 The annual message of Governor Dodge was delivered 
 by him in person to both houses assembled in the Represent- 
 atives Hall on the second day of the session. 
 
 The first and most important part of it, recommended the 
 passage of a law submitting to the people, the question of 
 the formation of a State government. 
 
 A revision of the laws regulating common schools was 
 recommended. 
 
 The Territorial debt it was said should be paid as early as 
 possible. 
 
 Some steps, it was said, should be taken to raise funds for 
 
TERRITORY OF WISCONSIN IN 1846. 489 
 
 the erection of a penitentiary, and that it would be proper 
 to memoriahze Congress, asking for an appropriation for 
 that object. 
 
 The message recommended memoriaHzing Congress on 
 the subject of the sale of the lead mines and mineral lands. 
 
 The importance of completing harbors at Milwaukee, 
 Racine and Southport, and of constructing them at Sheboy- 
 gan and Manitowoc, of the removal of the obstructions to 
 the navigation of the Mississippi at the upper and lower 
 rapids, of the improvement of the navigation of the Fox 
 and Wisconsin Rivers, and of Rock River, as also the con- 
 struction of a rail or macadamized road from Lake Michi- 
 gan to the Mississippi, were each strongly set forth in the 
 message, and the asking of appropriations by Congress 
 recommended, accompanied, however, with the expression 
 that it appeared to be the settled policy of the government 
 to reduce the appropriations as low as possible, believing, as 
 it would seem that the proper time had arrived, when Wis- 
 consin should take the proper -steps for the formation of a 
 State government. 
 
 The subject of the militia and the public arms was re- 
 ferred to. The Indians w^ere represented as peaceably dis- 
 posed, except the Winnebagoes, of whose depredations 
 complaint was made. 
 
 So much of the Governor's message as related to State 
 government, and all petitions, remonstrances and docu- 
 ments relating to the subject, were referred to a joint select 
 committee consisting of Messrs. Moses M. Strong, Frank, 
 Morrow, Mooers, Sheldon, and Burnett. 
 
 A very able report from the pen of Mr. Frank, in favor of 
 the early formation of a State government was submitted 
 by the committee, accompanied by a bill for that purpose. 
 
 The report undertook to demonstrate that the change 
 would result in pecuniary advantage. It stated that the 
 average amount of appropriations made to the Territory for 
 all purposes did not exceed about $38,000, while the interest 
 upon the proceeds of 500,000 acres of land, which the State 
 would receive on its admission into the Union at six per 
 cent., and the five per cent, of the net proceeds of the sales 
 of the public lands in the State, it was estimated would 
 amount to about $55,000. 
 
 Great importance was attributed by the report to the full 
 
490 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 control and disposal of our school lands, and the grant for a 
 university, while it was assumed that the same liberality 
 which had been extended to the other new States, would se- 
 cure to us still further grants of land. 
 
 The advantages of a political character were adverted to 
 as being important, and were presented in a striking and 
 forcible manner. 
 
 The bill reported by the committee was amended in some 
 of its details, and then passed the Council without a division. 
 
 In the House some slight amendments were made, but the 
 only proposition which elicited much discussion was an 
 amendment offered by Mr. Pole to strike out that part of 
 the bill which authorized the inhabitants who had only de- 
 clared their intentions to become citizens of the United States 
 to vote for delegates to the convention. Upon this amend- 
 ment the vote was 7 to 18 — those who voted for it being 
 Messrs. Brown, Burnett, Cruson, Hoard, Jones, Phelps, 
 and Pole. 
 
 An amendment was proposed to strike out the word 
 " white " wherever it occurred in the bill, upon which the 
 vote stood 10 to IG. Those voting in the affirmative were 
 Messrs. Barstow, Brawley, Fisher, Graves, Jackson, 
 Morrow, Parker, Sheldon, Wooster and Darling. 
 
 The bill was then passed by a vote of 17 to 9. Those who 
 voted in the negative were Messrs. Braw^ley, Brown, Bur- 
 nett, Cruson, Fisher, Jones, Morrow, Pole and Darling. 
 
 As soon as the bill was enrolled and presented to the Gov- 
 ernor, it received his signature and became a law. 
 
 Its principal features were that on the 1st Tuesday of 
 April, 
 
 " Every white male inhabitant above the age of of twenty-one years, who shall have re- 
 sided in the Territofy for six months, next previous thereto, and who shall either be a 
 citizen of the United States or shall have filed his declaration of mtention to become such 
 according to the laws of the United States on the subject of naturalization ", 
 
 should be authorized to vote for or against the formation of 
 a State government. 
 
 That the Governor should appoint some person in each 
 county to take the census of the inhabitants on the first day 
 of June. 
 
 If a majority of all the votes were "for State govern- 
 ment", the Governor was to make an apportionment among 
 the several counties of delegates to form a State constitu- 
 tion. The basis was one delegate for every 1,300 inhabi- 
 
TERRITORY OF WISCONSIN IN 1846. 49I 
 
 tants, and an additional delegate for a fraction greater than 
 a majority of said number, but there was to be one delegate 
 to each organized county, and no two counties could be 
 united in the same election district. The Governor was to 
 make proclamation of the apportionment. 
 
 The election was fixed for the first Monday of September, 
 and the time of the annual election was changed from the 
 fourth to the first Monday of September. 
 
 The qualifications of voters for delegates were the same 
 as those for voting on the preliminary question of the 
 formation of a State government. 
 
 The delegates were to meet at the Capitol on the first Mon- 
 day of October, with full power and authority to form a 
 republican constitution, which should be ratified by the 
 people, in such manner and at such time as the convention 
 should prescribe. 
 
 It was provided by another act that the Governor should 
 make a new apportionment of the Legislative Assembly 
 among the several counties, based upon the census to be 
 taken in June. 
 
 Next to that of providing for the formation of a State Gov- 
 ernment, no subject engaged the attention of the Legislature 
 more than that of the Wisconsin Marine and Fire Insurance 
 Company. 
 
 Incorporated for the ostensible purpose of conducting an 
 insurance business, it was alleged that it had engaged in a 
 general banking business, and thereby violated its charter. 
 
 The act of incorporation contained this provision: 
 
 " This corporation may likewise receive money on deposit, and loan the same on bot- 
 tomry, respondentia, or other satisfactory security, at such rates of interest as may 
 be done by Individuals by the laws of this Territory; may also make insurance upon life 
 or lives and employ such capital as may belong or accrue to said company in the purchase 
 of pviblic or other stock, or iii any other monied transactions or operat ions for the sole 
 benefit of the said comjmny, and in general the said company may transact all business 
 usually performed by insurance companies, provided nothing herein contained shall give 
 the said company banking privileges.^'' 
 
 The company issued what is called certificates of deposit 
 in small sums — $1 , S2, and $5. They were in the similitude of 
 bank notes and circulated as money, and to a large extent 
 filled the channels of circulation. It claimed that these is- 
 sues were authorized by its charter. 
 
 No complaint was made that the company did not redeem 
 
493 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 in coin all its issues, or that it was not entirely responsible 
 but it was claimed that the issue was an exercise of "bank- 
 ing privileges," and a violation of its charter. 
 
 There was a decided majority in each house in favor of 
 taking some course to put a stop to these issues, and to the 
 continued exercise of its corporate powers, and so great 
 was the feeling of hostility to the corporation, that when a 
 respectful communication from Alexander Mitchell, its 
 secretary, was presented in the House, a motion to return it 
 to him received 13 out of 26 votes, and on a motion to print 
 it only five voted in the affirmati^'e. 
 
 Three measures were introduced in the House with a view 
 to deprive the company of its corporate powers. 
 
 One was a bill for the unconditional repeal of its act of 
 incorporation. 
 
 Another, a joint resolution, instructing the Attorney Gen- 
 eral to institute the necessary legal proceedings to procure 
 a forfeiture of its franchise, and the other a memorial to 
 Congress asking for the repeal and disapproval of the act 
 of incorporation. 
 
 The repealing act passed both houses and became a law. 
 The vote in the House was 18 to 8, and in the Council 9 to 4. 
 
 The passage of this law, however, had no practical effect 
 in restraining the company from issuing certificates of de- 
 posit as a circulating medium. 
 
 The joint resolution failed of adoption in consequence of 
 an irreconcilable disagreement between the two houses upon 
 an amendment adopted by the Council. 
 
 The memorial was ordered to a third reading in the House 
 and then laid on the table and was never again taken up. 
 
 A joint resolution was passed appointing a committee to 
 examine the affairs of the Bank of Mineral Point. The 
 bank had been practically defunct for more than four years 
 and an examination could serve very little useful purpose, 
 except to gratify curiosity. 
 
 The report of the committee stated that the liabilities of 
 the bank at the time of its failure consisted mainly of its 
 circulating notes, which were supposed to have amounted 
 to about $130,000. Of these $101,863 had been taken out of 
 circulation, some having been received on debts due the 
 bank and for property sold; some paid in St. Louis by at- 
 tachment suits against the debtors of the bank and $9,131 
 
TERRITORY OF WISCONSIN IN 1S46. 493 
 
 had been redeemed by the receivers; some at fifty cents on 
 the dollar, some at twenty-five and some at ten, leaving- a 
 balance of $34,137 in circulation, a portion of which was 
 undoubtedly lost or destroyed. 
 
 The nominal assets of the bank were $58,933. These con- 
 sisted of notes, drafts, and bills of exchange, most of which 
 were worthless, many of the debtors having been discharged 
 under the bankrupt law; and of the amount, $33,491.54 was 
 against Samuel B. Knapp, the defaulting and absconding 
 cashier, and it did not appear probable that the amount 
 which would be realized would pay more than ten per cent, 
 of the liabilities. 
 
 The report did not appear to require any legislation, and 
 none was had. 
 
 The subject of the indebtedness of the Territory, although 
 not large, continued to occupy the attention of the Legisla- 
 tive Assembly. 
 
 The aggregate amount of the assessments in the several 
 counties, made in pursuance of the law of the last session, 
 as returned to the auditor, was $9,324,405. 
 
 A bill was reported in the Council by the committee on 
 Territorial affairs to increase the revenue of the Territory 
 by raising the rate of the Territorial tax from 1| mills to 
 3 mills on the dollar of assessed valuation, which would have 
 produced a revenue of about $28,000. The bill was ordered 
 to a third reading in the Council, but afterward laid on the 
 table and not again taken up. 
 
 The amount of tax due to the Territory under the law 
 passed in 1845, as reported by the Auditor, was $11,691.47, 
 and the amount of tax unpaid prior to 1845 was $1,270.49. 
 
 These sums were entirely inadequate to the payment of the 
 debt, but it Avas impossible to determine the exact amount 
 of the deficiency. 
 
 The apijropriations by the Legislature in 1840, payable out 
 of the Territorial Treasury, were $3,919.24, and was an addi- 
 tion of that sum to the existing deficiency. 
 
 A portion of the scrip which had been recei-'-ed into the 
 Territorial Treasury was issued for legislative expenses, and 
 provision was made for the payment of it by the United 
 States, through the Secretary, who had been provided with 
 funds for that purpose. 
 
 The claim of Daniel Baxter was again presented and a 
 favorable report made in the House, which adopted a reso- 
 
494 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 lution to pay him a certain sum of money in full payment. 
 This resolution was defeated in the Council, where another 
 resolution was passed, which was concurred in by the 
 House and approved by the Governor, which authorized and 
 directed the Territorial Treasurer to pay over to Mr. Bax- 
 ter eight of the remaining Territorial bonds (of $100 each) 
 issued for the completion of the Capitol, provided he would 
 receive the same in full satisfaction and relinquishment of 
 all his unsettled claims and demands. 
 
 At an early day of the session, a joint resolution was in- 
 troduced by Mr. Crawford, requiring the Superintendent 
 of Territorial Property to discontinue all suits now pending 
 in which the Territory is plaintiff. 
 
 The resolution was referred to the committee on Territo- 
 rial affairs, which reported that 
 
 " Any action on the part of the Legislature, with a view to their discontinuance at this 
 time, would be inexpedient and uncalled for. Nor with the knowledge which they have 
 been able to possess themselves of, would they desire a public disclosure of aU the facts re- 
 latmg to the same. They have therefore good and substantial reasons for recommending 
 that no further action be had on this subject." 
 
 Mr. Crawford made an earnest argument in support of 
 his resolution, placing it chiefly on the ground of the great 
 expense of prosecuting suits, especially for attorney's fees, 
 and the worthlessness of any judgments that might be 
 obtained. The resolution was then laid on the table by a 
 vote of 18 to 7 — Mr. Burnett, who was attorney for the de- 
 fendants not voting. Having been called up at a subsequent 
 day, the House refused to adopt it without a division. 
 
 These suits had been commenced and hitherto prosecuted 
 under direction of the Superintendent of Public Property, as 
 authorized by law. For that purpose he had employed 
 attorneys other than the Attorney General. 
 
 In an act passed at this session making an appropriation 
 for professional services rendered and expenses incurred by 
 one of these attorneys, a section was inserted that : 
 
 " Hereafter there shall be no fees or compensation paid to any attorney except the 
 Attorney- General, for any service to he performed in the management of any suit or suits 
 in behalf of the Territory." 
 
 The Superintendent of Territorial Property construed this 
 section as placing tlie entire control and management of 
 these suits in the Attorney General, and neither the Super- 
 intendent nor the former attorneys had any further connec- 
 tion with them. 
 
TERRITORY OF WISCONSIN IN 1846, 495 
 
 In compliance with a resolution of the Council, the Attor- 
 ney General reported that James T. Watson, then late 
 of the city of New York, died seized of about two thousand 
 four hundred acres of land in the county of Rock, about 
 twelve miles west of Janesville. That he died leaving no rel- 
 atives surviving him nearer than second cousins, and in the 
 opinion of the Attorney General the lands had accrued to the 
 Territory for want of heirs to inherit. 
 
 It does not appear that anything further was done to give 
 effect to the escheat, if the land had escheated. 
 
 At this session of the Legislative Assembly, the county of 
 Waukesha was formed out of Milwaukee county. La Fay- 
 ette out of Iowa and Columbia out of Portage. The act 
 creating Waukesha county was to be effective if approved 
 by a majority of the voters of the proposed new county 
 west of range 21, excluding those of the remaining part of 
 Milwaukee including the city. The requisite majority of 
 votes was cast and Waukesha county was organized. 
 
 The creation of the new county of La Fayette was sub- 
 mitted to a vote of all the voters of the whole of Iowa 
 county. The result was 1,115 for division, and 882 against it. 
 
 The creation of Columbia county was unconditional and 
 dependent upon no vote whatever. 
 
 The inhabitants of Watertown, which is partly in Jeffer- 
 son and partly in Dodge counties, and other inhabitants of 
 that vicinity had long desired a new county from parts of 
 each. For the purpose of ascertaining the wishes of the 
 peoi)le of these counties, a proposition was submitted to 
 them to be voted on, that a new county be established to be 
 composed of towns and 10 of ranges 13, 14, 15, IG and 17 in 
 Dodge county, and town 8 of ranges 13, 14, 15 and IG in Jef- 
 ferson county. The result was to be certified to the Secre- 
 tary of the Territory and laid before the Legislature. 
 
 The vote was adverse to the proposition. 
 
 The form of county government was changed in the 
 counties of Dodge, Dane and Washington, and the act of 
 1841 to provide for "township" government, was declared to 
 be in force in those counties. 
 
 In the county of Dodge the following towns were created 
 and their boundaries prescribed, viz.: Portland, Emmett, 
 Lebanon, Ashippun, Elba, Calamus, Lowell, Clyinan, Hus- 
 
49G HISTORY OF THE TERRITORY OF WISCONSIN 
 
 tisford, Rubicon, Beaver Dam, Fairfield, Hubbard, Burnett, 
 Williamstown, Le'Roy, Chester, Trenton and Fox Lake. 
 
 The following in the county of Dane, viz.: Rutland, Rome, 
 Albion, Dunkirk, Sun Prairie, and all the remaining town- 
 ships in the county constituted the town of Madison. 
 
 In the county of Washington, the following, viz.: Erin, 
 Richfield, Germantown, Mequon, Wright, Polk, Jackson, 
 Grafton, Addison, West Bend and Port Washington. 
 
 The county of Sheboygan was organized for judicial pur- 
 poses. 
 
 An act was passed providing for a change of the location 
 of the county seat of Sauk county by a popular vote. 
 
 The boundary line between the counties of Crawford and 
 Chippewa was established. 
 
 The county seat of St. Croix county was established at 
 Stillwater. 
 
 The following new towns were organized in other coun- 
 ties : 
 
 In Jefferson county Aztalan, Ixonia, Sullivan, Concord, 
 Tunbridge, Palmyra, Bark River and Farmington. 
 
 In Rock county. Magnolia and Oak. 
 
 In Walworth county. Elk Horn, Sugar Creek, Turtle, Brad- 
 ford, Spring Valley and Newark. 
 
 In Racine county, Blackhawk, Yorkville and Raymond. 
 
 In Fond du Lac county, Rosendale, Lime, Metomen and 
 Byron. 
 
 The town of Stillwater and the town of Saint Paul — now 
 in Minnesota — were declared to be election precincts at 
 either of which the electors of St. Croix county might vote, 
 and have xhAr votes returned to and canvassed by the offi- 
 cers of Crawford county. 
 
 Milwaukee was first incorporated as a city at this session 
 of the Legislature. The territory embraced in the city 
 limits was the south half of town seven, of range twenty- 
 two, except the northwest quarter of section twenty and the 
 north half of section nineteen. 
 
 The city was divided into five wards, and the elective 
 officers were a mayor for the city, three aldermen, one jus- 
 tice of the peace and one constable in each ward. 
 
 Solomon Juneau was elected the first mayor. 
 
 The villages of Madison, Prairieville, Sheboygan and 
 Potosi were incorporated b)'- special acts, and an act of the 
 
TERRITORY OF WISCONSIN IN 1846. 497 
 
 previous year vacating? an alley in the village of Southport 
 was repealed. 
 
 The Governor submitted the report of John T. Haight, 
 who had been appointed an agent on the part of the Terri- 
 tory to select the unlocated lands granted by Congress for a 
 university. 
 
 It appearing from the report that the granted lands had 
 not all been yet selected, another act was passed by which 
 Nathaniel F. Hyer was authorized to select all the lands 
 authorized, which had not been set apart and reserved 
 from sale by the Secretary of the Treasury for the purposes 
 of a university by virtue of the act of Congress of June 12, 
 1838. 
 
 Beloit College was incorporated by a special act of incor- 
 poration. It was required to be located in the township of 
 Beloit, Rock county, and to — 
 
 "Be erected on a plan sufflciently extensive to afford instruction in the liberal arts and 
 sciences." 
 
 The first corporators were Reverends A. Kent, D. Clary, 
 S. Peet, F. Bascum, C. Waterbury, J. D. Stevens, A. L. 
 Chapin and R. M. Pearson, and Messrs. G. W. Hickox, 
 A. Raymond, C. M. Goodsell, E. W. Potter, L. G. Fisher, 
 W. Talcott, Charles S. Hempstead and Samuel Hinman. 
 
 The name of Prairieville Academy was changed to Carroll 
 College, and the trustees incorporated as a collegiate insti- 
 tution. 
 
 The "Madison Academy" was authorized to receive from 
 the county commissioners of Dane county the sura of $2,216, 
 which was a special fund appropriated to the county for the 
 purpose of building an academy at Madison. 
 
 During the session of the Legislature an educational 
 convention assembled at Madison, which appointed a com- 
 mittee to prepare and submit some plan for the advance- 
 ment of common school education in Wisconsin. 
 
 The committee, which consisted of Mortimer M. Jack- 
 son, Lewis H. Loss, Levi Hubbell, M. Frank, Caleb Cros- 
 well, C. M. Baker and H. M. Billings, prepared a report, 
 which was submitted to the Legislature and which recom- 
 mended the appointment of an agent — 
 
 ' 'To visit the different school districts, ascertain the condition of common schools, col- 
 lect statistics with regard to the subject of education, and organize educational associa- 
 33 
 
498 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 tions in the several counties and teachers' associations, and report to the Legislative 
 Assembly, with his own suggestions and recommendations." 
 
 The committee on schools, in the Assembly, to which the 
 subject had been referred, reported upon it favorably, to- 
 gether with a bill to provide for the appointment of a super- 
 intendent of common schools. The bill passed the Assembly 
 without a division, but was defeated in the Council, only 
 three votes — Messrs. Baker, Frank, and Moses M, Strong — 
 being in favor of it. 
 
 Special provision was made by law for the appointment 
 of a board of school commissioners for the city of Milwau- 
 kee. 
 
 School District No. 1, in the town of Fond du Lac, was 
 •created a corporation by the name of the ''Trustees of the 
 Franklin School." The election of a board of trustees, and 
 the power to levy taxes, were specially provided for. 
 
 Owing to the inadequacy of the general laws, special acts 
 were passed authorizing the levying of taxes, generally for 
 the erection of school-houses, in School Districts Nos. 3, 4, 
 and 10, in Dane county; in JSTos. 3 and 7, in the town of 
 " Snake Hollow," and No. 1 in the town of Wisconsin, and 
 No. 1 in the town of Platteville, all in Grant county; No. 5 in 
 the town of Elk Horn, Walworth county; No. 1 in the town 
 of Rochester, Racine county, and District No. 1 in Sheboy- 
 gan county. 
 
 Courts were now held in the counties of Dane, Sauk, Jef- 
 ferson, Green, Rock, Walworth, and Portage, in the Second 
 Judicial District, and an act was passed re-arranging the 
 times of the sessions, which were semi-annual in all the 
 counties except Portage, where only an annual term was 
 held, on the second Monday in September. 
 
 Some important provisions were also enacted in relation 
 to the practice and proceedings in the Circuit and Supreme 
 courts, especially in relation to writs of mandamus and quo 
 warranto. 
 
 An act was also passed to provide for the more convenient 
 contesting of the election of county and other offices before 
 the' district courts. 
 
 The time had not yet come for beginning the work of con- 
 structing a railroad across the Territory from Lake Michi- 
 gan to the Mississippi River, but the subject had for two or 
 three years occupied the thoughts of the more sanguine and 
 far-seeing. 
 
TERRITORY OF WISCONSIN IN 1846. 499 
 
 At this session numerous petitions were presented from 
 almost every section of the Territory asking for charters 
 between each of the most important lake ports and some 
 point on the Mississippi River. 
 
 Man}^ members appeared to entertain the idea that the 
 granting of a charter for a railroad upon any particular 
 route would injure the prospects of the construction of one 
 upon any other route. Some were opposed to granting any 
 charters, and others were in favor of granting charters for 
 any and all roads that were asked for in good faith, with 
 an honest intention of making a serious effort to construct 
 the work. 
 
 The feeling in the Council was much more liberal than in 
 the House, and after much debate and delay, the Council 
 finally passed four charters : 
 
 One from Milwaukee, via Janesville, to Potosi. 
 
 One from Milwaukee, via Madison, to Potosi. 
 
 One from Lake Michigan to the Mississippi River, leaving 
 the termini to be defined by the company, and 
 
 One from Shebyogan, via Fond du Lac , to Fort Winne- 
 bago. 
 
 None of these were passed until the last day but one of 
 the session, and owing to the shortness of the time, no action 
 was taken upon them in the House, and if there had been, 
 they would probably have been defeated. 
 
 A correspondent of the Galena Gazette, writing from 
 Madison, and who probably gave expression to the opinions 
 of many at that time, said : 
 
 " The only points on Lake Michigan and the Mississippi River to be connected by a rail- 
 road for the next fifty years are Chicago and Galena." 
 
 Plank roads were then regarded as more practicable and 
 better adapted to the Avants of the community, in reaching 
 a market for their agricultural products, of which at that 
 time wheat was the principal. 
 
 A charter was passed incorporating a company with 
 authority to construct a road 
 
 " Of timber or plank, so that the same form a hard, smooth and even surface " from the 
 place " where the north Bla-lison Territorial road now crosses the range line, dividing 
 range 19 and 20 ", to " within one mile of the Milwaukee River, in right direction to the 
 west ward of Milwaukee village." 
 
 The company was also authorized to extend the road from 
 such range line to the village of Watertown. 
 The company was organized, the capital subscribed and 
 
500 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 paid by citizens of Milwaukee, the road built from Milwau- 
 kee to Watertown, and was not only of great advantage to 
 the people of the whole Territory, but a remunerative invest- 
 ment for a time to the stockholders. 
 
 Another improvement of a somewhat like character, but 
 to be constructed in a very different manner, was "a 
 McAdam, plank, rail or turnpike road from the foot of 
 Grand Kakalin to Winnebago Lake " — for the purpose of 
 constructing which, the county authorities of the counties 
 of Calumet, Fond du Lac, "Winnebago and Marquette, were 
 authorized by a special act to levy a tax not exceeding one 
 per cent, per annum. The levying of the tax was contin- 
 gent upon a vote in its favor by the legal voters of the 
 several counties, and but little public benefit resulted from 
 the enactment. 
 
 The growth of the Territory was by successive, if not 
 rapid steps of progress. None of these steps were of more 
 importance than the locating of Territorial roads which 
 were annually authorized by the Legislative Assembly and 
 it is the province of history to re-present these numerous 
 steps, although they may not possess for the present gener- 
 ation the interest which inspired them. 
 
 Territorial roads were authorized by special laws : 
 
 From Prairie ville, via Delafield and Summit, to the point 
 where the United States road from Milwaukee to Madison 
 crosses Battle Creek, in Jefferson county. 
 
 From Waupun to Winnebago Rapids in Winnebago 
 county. 
 
 From Delafield to Hustis' Rapids. 
 
 From Milwaukee to Fond du Lac. 
 
 From Whitewater, via Indian Ford on Rock River and 
 Cook's mills on section six, town four, range eleven east, and 
 thence to the Territorial road from Milwaukee to Mineral 
 Point, at or near the Peckatonica. 
 
 From the range line between ranges ten and eleven, 
 corner of section eighteen and nineteen, to the house of 
 John Cook in town of Janesville. 
 
 From Jefferson, via Dunkirk and Cooks' Mills, to Camp- 
 bell's bridge on Sugar River. 
 
 From a point on the United States road from Washington 
 harbor to Dekora, in a northwesterly direction, via AVcst 
 Bend, to again intersect said United States road. 
 
TERRITORY OF WISCONSIN IN 1846. 501 
 
 From Duck Creek Settlement, in Brown county, to the 
 outlet of Winnebago Lake. 
 
 From Beloit to White Oak Springs. 
 
 From the Combe Settlement in Richland county to the 
 Kickapoo copper mines. 
 
 From Jefferson to Madison. 
 
 From Watertown, via Hustis' Rapids, to Fond du Lac. 
 
 From Burlington to Janesville. 
 
 From Decora to Beaver Dam. 
 
 From section thirteen, town nine, range twelve east, to 
 Lake Puckawa. 
 
 From the forks of the Madison and military road in Dane 
 county to Wingville in Grant county. 
 
 From Hustis' Ford, via May and Foster's Mills, to Fond 
 du Lac. 
 
 From Milwaukee, via Hustis' Ford, to the Fox Lake and 
 Watertown road, at or near Major Pratt's. 
 
 From Columbus to Green Lake. 
 
 From Sheboygan, via Hustis' Ford, to Madison. 
 
 From Calumet to the Sheboygan and Fond du Lac road. 
 
 From Fort Winnebago, on the south side of Swan Lake, 
 to the old road between Fort Winnebago and Madison. 
 
 From East Troy to Elk Horn. 
 
 From Columbus to Waterloo, 
 
 From Elkhorn, via Palmyra, to Hustis' Ford. 
 
 From Milwaukee to Fort Atkinson. 
 
 From Exeter, via Badger Mills, to Fort Winnebago. 
 
 From Madison to the State line between Sugar River and 
 Pearce's Creek. 
 
 From Beloit to Madison. 
 
 From Green Bay, due west, to the Wisconsin River. 
 
 From Manitowoc, westward, to intersect the United 
 States road from Green Bay to Fond du Lac. 
 
 From Sinipeo, in Grant county, to Oak Creek pier in Mil- 
 waukee county. 
 
 From Waterloo to Beaver Dam. 
 
 From Hustis' Ford to Piperville. 
 
 From Rising's Rapids, Dodge count}^ to Fort Winnebago. 
 
 From Waupun to Fort Winnebago. 
 
 From Watertown to Madison. 
 
 From Watertown, via West Bend, to Sheboygan. 
 
 From Watertown to Lowell. 
 
 From Burlington to Delavan. 
 
502 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 Special provision was made by law for the rebuilding and 
 maintaining, by the town of Milwaukee and the several 
 wards in the city of Milwaukee, of three bridges across the 
 Milwaukee River, from the foot of Water street in the Third 
 ward, to the foot of Ferry street in the Fifth ward; from 
 Wisconsin street to Spring street, and from Water street in 
 the First ward to Cherry street. 
 
 Jemison Hamilton was granted the privilege by special 
 act, of erecting a toll bridge across the Peckatonica River 
 at or near his house "in the town of New Bedford." This 
 point is now in the heart of the city of Darlington, La'Fay- 
 ette county. 
 
 The commissioners appointed at the preceding session of 
 the Legislative Assembly, for carrying into effect an act of 
 Congress of June, 1844, appropriating a section of land for 
 the improvement of Grant River in the town of Potosi, sub- 
 mitted their report together with the report of the receiver, 
 from which it appeared that they had caused the section 
 (section 34, town 3, range 3 west) to be surveyed in town or 
 village lots and "out lots." That they had examined and 
 determined all claims to pre-emption rights presented, the 
 valuation of which had been assessed by persons appointed 
 by the Surveyor General, and that they had in pursuance of 
 the act of the last session, sold all of the lots in said section 
 of land. That the aggregate amount of all the sales was 
 the sum of $4,130.64. That the expenditures under the said 
 act of the Legislative Assembly were $1,405.21, leaving a 
 balance in the hands of the receiver of $2,725.43. 
 
 The commissioners also submitted a report of Capt. 
 Joshua Barney, U. S. civil engineer, superintending the im- 
 provement of the Dubuque harbor, who after making an 
 examination and estimates of several different plans of im- 
 proving the harbor of Potosi, recommended a direct cut 
 from the Mississippi River to Grant River slough, the cost of 
 which he estimated at $20,041.45. 
 
 The reports of the commissioners, receiver and engineer 
 were referred to a committee of the House, of which Hon. 
 Thomas P. Burnett was chairman which reported that: 
 
 " Although the cost of the proposed canal greatly exceeds the fund now available for 
 its construction, and may seem a large sum to apply to such a work, yet the committee 
 are of the opinion that the importance of the improvement to the western part of the Ter- 
 ritory, is of such magnitude that the work ought to be undertaken and a commencement 
 made with the funds now applicable to that purpose. This sum will be very nearly or 
 
TERRITORY OF WISCONSIN IN 1846. 503 
 
 quite sufficient, according to the estimate that has been made, to pay for the clearing and 
 grubbing of the ground and making the first course of excavation. This much of the work 
 can be completed during the present year, and it may reasonably be expected that Con- 
 gress will appropriate a sufficient sum to finish the improvement after it shall have been 
 commenced." 
 
 The Legislative Assembly adopted the views of the com- 
 mittee, and passed an act appointing James F. Chapman a 
 commissioner to expend the fund in the hands of the re- 
 ceiver, upon the plan recommended by Capt. Barney. The 
 money was faithfully expended, but the canal was not com- 
 pleted. 
 
 A memorial to congress was adopted asking for an addi- 
 tional appropriation of $17,310.03, but no appropriation was 
 obtained. 
 
 At the same session the exclusive right and privilege, for 
 ten years, of keeping a ferry across the Grant and Missis- 
 sippi Rivers, at the place of this improvement, was granted 
 to James F. Chapman, his heirs and assigns. 
 
 The construction of a dam across, the Milwaukee River, 
 in the town of Saukville, nearly west of Ozaukee, was 
 authorized by special act. 
 
 Abraham Bravtley was authorized to build and main- 
 tain a dam and boom on the Wisconsin River between sec- 
 tions 31 and 33, town 34, range 8 east. 
 
 A boom was erected, which afterward became the prop- 
 erty of the Stevens Point Boom Company, and is a valu- 
 able adjunct to the lumbering interests at and near the City 
 of Stevens Point. 
 
 The " Rochester Cemetery Company," at Rochester, Ra- 
 cine county, was incorporated, with power to hold real and 
 personal estate. 
 
 A general law was enacted, authorizing religious socie- 
 ties, by application to, and decree of, the District Court, to 
 sell or mortgage their houses of worshiper other real estate. 
 Also of their own volition to sell or lease seats and pews in 
 their respective houses of worship. 
 
 An act was passed to incorporate the — 
 
 " CarroUton Manufacturing Company, of Ormsbeeville, Wisconsin,''' with " power to 
 manufacture cotton and woolen godds, iron and wooden wares, and merchandise, construct 
 dams, canals, or waterwaj-s and reservoirs, fiumes and races." 
 
 The business to be confined to section 38, town lo, range 
 23, in the county of Sheboygan, which was on the Sheboy- 
 
504 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 gan River, about midway between its mouth and Sheboygan 
 Falls. 
 
 Petitions were presented in the House of Representatives 
 complaining that the act requiring ministers of the gospel 
 to file a copy of their credentials with the clerk of the Dis- 
 trict Court, and have the same recorded, before they should 
 be authorized to solemnize marriages, was burdensome and 
 expensive. The petitions were referred to the judiciary 
 committee, which, by Mr. Burnett, the chairman, submit- 
 ted a report, setting forth the importance that the records of 
 the county should always show the authority of oflScers to 
 perform the civil rite of matrimony, and concluding 
 
 *' That the inconvenience and expense complained of are not so great as to be a griev- 
 ance, and that -whatever it may be, it is not expedient to grant the rehef prayed for, by 
 altering the law as it now exists." 
 
 The causes for which divorces might be granted were 
 increased by adding to the number the sentence to a State's 
 prison or penitentiary for a term of two years or more. 
 
 Five special applications for divorce were presented, two 
 in the Council and three in the House, upon all of which 
 adverse reports were made by committees, except that of 
 John J. Driggs. In the latter case a bill was passed divorc- 
 ing him from his wife, the vote in the House being 19 to 5, 
 and in the Council 7 to 6. None of the others were brought 
 to a vote. 
 
 The name of Adelbut H. Bishop, was by special law 
 changed to Adelbut H. Hubbard. 
 
 The subject of the sale of intoxicating liquors and the 
 granting of license therefor, was one which, at this time, 
 excited the popular mind to a very great degree, and the 
 feeling of the people was reflected by numerous petitions 
 to the Legislative Assembly. 
 
 The prevalent idea of those who sought reform through 
 legislative action was the repeal of all laws authorizing 
 license, while many were in favor of total prohibition. 
 
 A bill was introduced, which provided for a novel kind of 
 local option. 
 
 It provided that the legal voters of each town should vote 
 for "license" or "no license." If a majority voted for 
 " license ", then the sale of liquors was to be unrestrained and 
 unlicensed. If a majority voted " no license ", then the sale 
 was to be totally prohibited, and of course unlicensed. 
 
TERRITORY OF WISCONSIN IN 1846. 505 
 
 It was urged in support of the bill that it took away one of 
 the arguments of the rumseller, that he was engaged in busi- 
 ness recognized by the law as lawful. 
 
 When the bill came up for consideration in the Council 
 it was moved to strike out all after the enacting clause, 
 and substitute for it that — 
 
 "Hereafter no license shall be granted for the sale of intoxicating hquors; any law of 
 this Territory conflicting with tlie provisions of this section is hei-eby repealed." 
 
 This substitute was adopted by a vote of 7 to G, and the 
 bill so amended was refused a third reading by a vote of 1 
 to 12. 
 
 A bill upon the subject was reported in the House differ- 
 ing from the Council bill, in that it did not provide for 
 local option. The House was nearly evenly divided upon all 
 questions which arose upon it. 
 
 The first was to strike out all after the enacting clause. 
 This prevailed by a vote of 14 to 11. 
 
 An amendment was then offered — 
 
 "That no consideration or sum of money shall be hereafter demanded or received for 
 any tavern or grocery license to be granted within this Territory." 
 
 This was adopted by a vote of 14 to 12, and by a like vote 
 the bill was ordered to be engrossed and read a third time. 
 
 On the next day, when tlie question was put on the pas- 
 sage of the bill, Mr. Speaker, who had voted for its third 
 reading, changed his vote, and the bill was defeated by a tie 
 vote, the vote being 13 to 13. 
 
 A very elaborate report was submitted by the Adjutant 
 General, which contained a very complete histcry of the 
 progress of the militia organization during the existence of 
 the Territory — nearly ten years — and concluded with a 
 deprecation of the policy which had substituted enrollment 
 for mustering and training. But no change in the policy 
 was adopted. 
 
 The occupation by the military forces of the United States 
 of the territory upon the left bank of the Rio G rande, which 
 by the annexation of Texas had recently been brought 
 under the protection of the flag of the United States, re- 
 sulted in a hostile collision between armed troops of Mexico 
 and the United States, which culminated in the declara- 
 tion by Congress of the existence of a war between the two 
 nations and the providing of men and means for its prose- 
 cution. 
 
506 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 A call was made for fifty thousand volunteers to take the 
 field, which were apportioned among the several states, but 
 the Territory of Wisconsin was not called upon for any or- 
 ganized force, except for the enrollment of one regiment as 
 a contingent force, and the opportunity was not presented 
 to its patriotic citizens to take an active part in the war, ex- 
 cept as they volunteered to form part of the regiments of 
 other states, which many of them did. One company was 
 organized near the Illinois State line, of which Jajies Col- 
 lins was the Captain, and joined an Illinois regiment of 
 which Capt. Collins became the Colonel and Amasa Cobr 
 his Adjutant. 
 
 On the last day of the session of the Legislature, the Gov- 
 ernor sent to the House of- Representatives the proceedings 
 of a meeting of tlie citizens of Muscoda, representing that 
 an armed collision had occurred between a band of the Win- 
 nebago Indians and the citizens of that locality, which re- 
 sulted in a fatal conflict, in which four of the Indians were 
 severely, if not not mortally wounded, and that more serious 
 consequences were expected to ensue. 
 
 It was further stated that the citizens had organized into 
 a military company, had elected their officers, and were de- 
 termined not to rest until they had killed or driven to their 
 own ground, west of the Mississippi, every Indian on the 
 Wisconsin. 
 
 The Governor recommended the adoption of a memorial 
 to the Secretary Of War asking that a corps of the United 
 States dragoons be ordered to this Territory for the protec- 
 tion of our frontier settlements. 
 
 Resolutions to that eff'ect were immediately adopted by 
 the House, under a suspension of all rules, and sent to the 
 Council where they were amended by the addition of au- 
 thority to the Governor to raise a battalion of mounted vol- 
 unteer riflemen for the protection of the frontier from the 
 depredations of the Winnebago Indians. 
 
 There were no more hostile collisions between the Indians, 
 and the inhabitants. 
 
 On the 24th of February, John Catlin was appointed 
 Secretary of the Territory in place of Geo. R. C. Floyd, re- 
 moved. 
 
 During the session of the Legislative Assembly, numerous 
 nominations to office were made by the Governor, every on^ 
 
TERRITORY OF WISCONSIN IN 1846. 507 
 
 of which was confirmed by the Council, and with only one 
 exception, without a division. 
 
 On the 20th of January, both houses met in joint con- 
 vention, when Simeon Mills was elected Territorial printer 
 and Joseph Gillett Knapp was elected Superintendent of 
 Public Property. 
 
 Memorials to Congress were adopted on various subjects: 
 
 The reserved mineral lands; 
 
 A road from Prairie du Chien to La'Pointe; 
 
 For a collection district west of Lake Michigan and a port 
 of entry at Milwaukee; 
 
 For the improvement of the Fox and Wisconsin rivers; 
 
 Relative to the "canal land," and to reduce the price of 
 the even sections; 
 
 For an appropriation for the Potosi harbor; 
 
 For the appropriation of Fort Howard for educational 
 purposes; 
 
 For numerous mail routes; and 
 
 For an appropriation for a penitentiary. 
 
 A very important joint resolution was adopted by the 
 Legislative Assembly, wdiich provided that the receiver of 
 the canal land should pay over to the Treasurer of the 
 Territory all moneys which might arise from any sale of 
 the canal lands — less the expenses of the sale — and 
 that it might be used for the same puposes as any other 
 money in the treasury, and that so much of it as might be 
 necessary be appropriated to the payment of the expenses 
 of holding the convention to form a constitution for the 
 State of Wisconsin. 
 
 With whatever justice this appropriation of a trust fund 
 for objects entirely foreign to the trust may be criticised, it 
 certainly provided means for paying the expenses of the 
 convention to form a constitution, for which there did not 
 appear to be any other available resource. 
 
 A gloom was cast over the closing days of this session, by 
 the awful news that the dwelling house of one of the mem- 
 bers — Marshall M. Strong, of Racine — had been con- 
 sumed by fire, and that his wife and his two only children 
 had perished in the flames. 
 
 Upon the receipt of this heart-rending news on the 2Sth 
 of January, both houses immediately adjourned, filled with 
 
508 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 the profoundest grief for the sad calamity which had be- 
 fallen their associate. 
 
 Both houses adjourned on the 3d of February, after a ses- 
 sion of only thirty days, which terminated the last session 
 of the fourth Legislative Assembly. 
 
 With the close of this political year, the terms of the mem- 
 bers of both houses closed also — the members of the Council 
 who had been elected for four years, and of the House for two. 
 
 In the early part of this year (January) Mr. Floyd was 
 removed from the office of Superintendent of Lead Mines, 
 and James Mitchell, of Galena, was appointed in his place, 
 but he held the office only about a year before his occupa- 
 tion was gone. 
 
 In November a proclamation was issued by the President 
 for the sale, in pursuance of a law passed at the previous 
 session, of all the lands reserved on account of having been 
 supposed to contain lead mines. The sale was to be at Min- 
 eral Point May 24, 1847. 
 
 This proclamation, indeed the passage of the law by which 
 it was authorized, made the duties of the Superintendent of 
 the Lead Mines merely nominal. 
 
 Notwithstanding these reservations, the official returns 
 showed that the land sales for the previous years were quite 
 large. 
 
 In 18 14 the numbtT of acres sold was 27,347.35 Amount of sales $34,334 19 
 
 In 1845 the number of acres sold was 44,437.05 Amount of sales 55,547 06 
 
 In both years the number of acres sold 
 
 was 71,785.00 Amount of sales $89,781 25 
 
 At different times during the ten years of Territorial gov- 
 ernment attempts had been made to organize parties with 
 reference to national politics. Although these attempts had 
 met with a large measure of success, the political divisions 
 were not as perfect in local elections, with reference to na- 
 tional issues, as in the States. Still, those attached to the 
 Democratic party constituted a very decided and acknowl- 
 edged majority. 
 
 For some years previous to 1846, the ''Argus" had been the 
 only Democratic paper at Madison. It was owned and man- 
 aged by two or three gentlemen, of whom Simeon Mills 
 was one. Mr. Mills was not a practical printer, although 
 an excellent business man, and had been elected Territorial 
 Printer, supposed to be a lucrative office. 
 
 Mr. Beriah Brown was a professional printer, an accom- 
 
TERRITORY OF WISCONSIN IN 1846. 509 
 
 plished writer, a popular editor, and had many devoted 
 friends. He had been elected to a responsible county office 
 in Iowa county, and had been led by his party zeal to aid 
 largely in establishing a Democratic paper at Mineral Point, 
 which proved unfortunate, and cost him, as he said, " one 
 half of all he received from the county of Iowa for official 
 services." 
 
 Mr. Brown determined to establish a Democratic paper at 
 Madison, which he did, called the " Madison Democrat," the 
 first number being issued on the 10th of January, 1846. 
 
 This movement was hailed with satisfaction by many 
 who had become dissatisfied with the managers and man- 
 agement of the " Argus,'' and was regarded with feelings of 
 regret by a large number of loyal and conservative Demo- 
 crats, who were apprehensive that it w^ould have the effect 
 of splitting into fragments the Democratic party of the em- 
 bryo State. 
 
 Several motives for this movement were assigned by Mr. 
 Brown in the first number of his paper. That to which he 
 gave the most prominence was thus expressed : 
 
 " lu common with the practical priutersof the Territory, we felt it as an unjust re- 
 proach upon mechanics, that the Legislature should elect to the ofdce of Territorial Printer 
 a man who was not a mechanic and was at the same time enjoying another lucrative office, 
 and from having no knowledge of the business, could not perform the duties of the office 
 himself, or even supervise their execution in a proper manner. "- 
 
 The principal other reasons were : 
 
 " Comjijlaints from nearly all parts of the Territory of the manner in which the Terri- 
 torial paper was conducted," and that its editor " had involved himself in several quar- 
 rels, both personal and local, with individuals and portions of the democratic party." 
 
 Whatever the motives, or whatever the justification, the 
 effect was seriously to impair the harmony and effectiveness 
 of the Democratic party. 
 
 The vote of the people, in April, was about six to one in 
 favor of State government, every county having voted for 
 it except Grant, where the vote was 351 for and 537 against 
 State government. 
 
 The census showed a populati'^n of 15o,2?7, exclusive of 
 Chippewa, La'Pointe and Richland counties, from which no 
 returns were received. 
 
 On the 1st of August, the Governor issued two proclama- 
 tions; one making an apportionment of the members of the 
 Council and House of Representatives among the twelve 
 election districts into which the Legislative Assembly had 
 divided the Territory. 
 
510 
 
 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 The other made an apportionment of the delegates to 
 form a constitution, among the several counties, on the basis 
 of one delegate to each 1,300 inhabitants as provided by law. 
 
 The following table is arranged so as to show the popula- 
 tion of each county, by election districts, as well as the 
 number of members of each branch of the Legislative As- 
 sembly, apportioned to each election district and the num- 
 ber of delegates apportioned to each county : 
 
 o 
 
 I— I 
 
 H 
 O 
 
 s 
 
 8 
 
 9 
 
 10 
 
 11 
 
 12 
 
 Name of County. 
 
 Racine 
 
 Walworth 
 Rock 
 
 (Iowa 
 
 ( Richland . , 
 Grant 
 
 f Green . 
 
 I 
 
 -| Danp . 
 
 I 
 LSauk.. 
 
 Crawford 
 
 St. Croix 
 
 Chippewa 
 
 La Pointe 
 
 ( Dodge 
 
 ( Jefferson 
 
 Milwaukee 
 
 ( Washington . . 
 
 ( Sheboygan . . . 
 
 f Manitowoc . . 
 
 Brown 
 
 Calumet. .. 
 Winnebago . . 
 Fond du Lac. 
 
 Marquette 
 
 Portage 
 
 , Columbia 
 
 Waukesha 
 
 Totals .... 
 
 m 
 
 w ^ 
 
 6, 
 
 f^ 
 
 
 H 
 
 KB 
 
 O 
 
 o 
 
 U 
 
 B 
 
 £-1 " 
 
 
 
 H 
 
 
 a 
 
 
 
 
 O 
 
 5>= 
 
 §1 
 2§ 
 
 M 
 
 a 
 S 
 
 
 Si 
 
 ft w 
 
 ^^ 
 
 <n 
 
 ^^ 
 
 fe o 
 
 
 
 
 o & 
 o 
 
 dS 
 
 62 
 
 fin 
 
 Oh 
 
 ^ 
 
 ^ 
 
 !z; 
 
 17,983 
 
 17,9a3 
 
 2 
 
 2 
 
 14 
 
 13,4.39 
 
 13, 439 
 
 1 
 
 2 
 
 10 
 
 12,405 
 
 12,405 
 
 1 
 
 2 
 
 10 
 
 14,9161 
 
 
 
 
 11 
 
 14,916 
 
 1 
 
 3 
 
 
 No returns ) 
 12, 034 
 
 
 
 
 i 
 
 12,034 
 
 1 
 
 2 
 
 9 
 
 4,758' 
 8,289 - 
 1,003. 
 1,4441 
 
 
 
 
 4 
 
 14, 050 
 
 1 
 
 3 
 
 6 
 
 
 
 
 1 
 
 
 
 
 1 
 
 1,419 
 
 
 
 
 1 
 
 2,863 
 
 3 
 
 i 
 
 
 No returns 
 No returns J 
 
 7,787j 
 
 
 
 
 i 
 
 
 
 
 1 
 
 
 
 
 6 
 
 16,467 
 
 i 
 
 3 
 
 
 8,680( 
 
 
 
 
 rr 
 
 15,025 
 
 15, 925 
 
 1 
 
 3 
 
 12 
 
 7,473) 
 
 
 
 
 6 
 
 9,110 
 
 1 
 
 1 
 
 
 1,637 S 
 620 ~ 
 
 2,662 
 836 
 732 
 
 
 
 
 i 
 
 
 
 
 1 
 
 
 
 
 o 
 
 
 
 
 1 
 
 
 
 
 1 
 
 12,292 
 
 1 
 
 2 
 
 
 3,544 
 989 
 931 
 
 1,969. 
 13,793 
 
 
 
 
 3 
 
 
 
 
 1 
 
 
 
 
 1 
 
 
 
 
 2 
 
 13,793 
 
 1 
 
 2 
 
 11 
 
 155,277 
 
 155,277 
 
 13 
 
 26 
 
 125 
 
TERRITORY OF WISCONSIN IN 1846. 511 
 
 The estimate of population assumed by tiie Legislative 
 Assembly for fixing a basis for the number of delegates 
 was 117,000, which would have given about one hundred 
 members of the convention, but the excess exhibited by the 
 census over this estimate resulted in a much more numer- 
 ous body than had been anticipated. 
 
 As a rule, to which however there were some exceptions, 
 party nominations were made by both parties for delegates 
 to the convention, and the persons elected were generally 
 attached to the party which was in the ascendant in the 
 particular county in which they were elected. 
 
 It was a subject of remark that the ablest men of both 
 parties were willing to be, and not unfrequently desirous of 
 being candidates for member of the convention to frame 
 the fundamental law of the State. The result was that both 
 the parties generally nominated their best men, and while 
 men of the highest order of talent in the majority party in 
 any particular county were elected, others of equal, if not 
 superior talents in the minority party were defeated solely 
 upon political issues. 
 
 A very large majority of the convention was composed of 
 men elected by the Democratic party, but there was a suffi- 
 cient number of the members who belonged to the Whig 
 party of that day to constitute a respectable minority. 
 Among these it is not invidious towards others to mention 
 the names of Henry S. Baird, J. Allen Barber, James D. 
 Doty and John H. Tweedy, as being the most prominent. 
 
 There were others who prided themselves upon being in- 
 dependents, and who attached but little importance to 
 party association and disclaimed party allegiance. The 
 most marked and able of this class were Thomas P. Burnett 
 and Andrew E. Elmore 
 
 It was, however, among those who were devoted to the 
 principles and the policies of the Democratic party, perhaps 
 for the reason stated, that the greatest number of the most 
 brilliant names in the convention were to be found. Of 
 these many have since occupied positions of distinction in 
 the State. Some of them, alphabetically arranged, are 
 mentioned : 
 
 Charles M. Baker. Hiram Barber, Samuel W. Beall, 
 Warren Chase, Wm. M. Dennis, Stoddard Judd, Frede- 
 rick S. Lovell, David Noggle, Theodore Prentiss, Alex- 
 ander W. Randall, George Reed, Edward G. Ryan, A. 
 
613 
 
 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 Hyatt Smith, George B. Smith, John Y. Smith, William 
 R. Smith, Elijah Steele, Marshall M. Strong, D. A. J. 
 Upham and Ninian E. Whitesides. 
 
 On the day fixed by law, October 5, the delegates elect 
 assembled at the Capitol at noon. In the absence of any 
 mode of organization previously prescribed, the venerable 
 William R. Smith, by the request of many delegates, called 
 the convention to order when ji>ro tern, officers were elected 
 on inotion and without division. 
 
 A committee was appointed to examine the credentials 
 of the delegates. 
 
 The following were the delegates who were elected: 
 
 BROWN. 
 David Agry, 
 Henry S. Baird. 
 
 CALUMET. 
 
 Lemuel Goodell. 
 
 COLUMBIA. 
 Jeremiah Drake, 
 La'Fayette Hill. 
 
 CRAWFORD. 
 Peter A. R. Brace. 
 
 DANE. 
 John M. Babcock, 
 Abel Dunning, 
 Benjamin Fuller, 
 Nathaniel F. Hyer, 
 George B. Smith, 
 John Y. Smith. 
 
 DODGE. 
 HiEAM Barber, 
 Wm. M. Dennis, 
 Benjamin Granger, 
 Stoddard Jodd, 
 John H. Manahan, 
 Horace D. Patch. 
 
 FOND DU LAC. 
 Warren Chase, 
 Moses S. Gibson, 
 Lorenzo Hazen. 
 
 GRANT. 
 J. Allen Barber, 
 Lorenzo Bevans, 
 Thomas P. Burnett, 
 Daniel R. Burt, 
 Thomas Cruson, 
 James Gilmore, 
 
 GRANT. 
 Neely Gray, 
 Franklin Z. Hicks, 
 James R. Vineyard. 
 
 GREEN. 
 Davis Bgwen, 
 Hiram Brown, 
 William C. Green, 
 Noah Phelps 
 
 IOWA. 
 
 Andrew Burnsidk, 
 Elihu B. Goodsell, 
 Thomas James, 
 Thomas Jenkins, 
 William I. Madden, 
 Moses Meeker, 
 Daniel M. Parkinson, 
 Wm. R. Smith, 
 Moses M. Strong, 
 Joshua S. White, 
 NiNiAN E. Whitesides. 
 
 JEFFERSON. 
 Elihu L. Atwood, 
 Samuel T. Clothier, 
 George Hyer, 
 Theodore Frentiss, 
 Aaron Rankin, 
 Patrick Rogan, 
 Peter H. Turner. 
 
 LATOINTE. 
 James P. Hays. 
 
 MANITOWOC. 
 
 EVANDER M. SOPER. 
 
 MARQUETTE. 
 Samuel W. Beall. 
 
TERRITORY OF WISCONSIN IN 1846. 
 
 513 
 
 MILWAUKEE. 
 Charles E . Browne, 
 Horace Chase, 
 John Cooper, 
 John Crawford, 
 Garrett M. Fitzgerald, 
 Wallace W. Graham, 
 Francis Huebschmann, 
 Asa Kinney, 
 James Magone, 
 John H. Tweeby, 
 Don a. J. Upham, 
 Garret Vliet. 
 
 PORTAGE. 
 Henry C. Goodrich. 
 
 RACINE. 
 Stephen O. Bennett, 
 James B. Carter, 
 Nathaniel Dickinson, 
 Haynes French, 
 James H. Hall, 
 Daniel Harkin, 
 Chauncey Kellogg, 
 Frederick S Lovell, 
 Chatfield H. Parsons, 
 Edward G. Ryan. 
 Elijah Steele. 
 Marshall 'SI. Strong, 
 T. S. Stockwell, 
 Victor M. Willard, 
 
 ROCK. 
 James CnAMBERLAiN, 
 John Hackett, 
 George B. Hall, 
 Sanford p. Hammond, 
 Israel Inman, Jr., 
 Joseph Kinney, Jr., 
 David L. Mills, 
 David Noggle, 
 Joseph S. Pierce, 
 A. Hyatt Smith. 
 
 RICHLAND. 
 Edward Combe. 
 
 SAUK. 
 William H. Clark. 
 
 ST. CROIX. 
 William Holcombk. 
 
 SHEBOYGAN 
 David Giddings. 
 
 WALWORTH. 
 Charles M. Baker, 
 William Bell, 
 William Berry, 
 Joseph Bowker, 
 John W. Boyd, 
 M. T. Hawes, 
 Lyman H. Seaver, 
 Sewall Smith, 
 JosiAH Topping, 
 Solomous Wakely, 
 
 AVASHINGTON. 
 Hopewell Coxe, 
 Edward H. Janssen, 
 Charles J. Kern, 
 BosTwicK O'Connor, 
 Patrick Toland, 
 Joel F. Wilson. 
 
 WALTi:ESHA. 
 Barnes Babccck, 
 Charles Burchard, 
 Elisha W. Edgerton, 
 Pitts Ellis, 
 Andrew E. Ec-more, 
 WlLUAM R. IIesk, 
 Benjamin Hunkins, 
 James M. Moore, 
 RuFus Parks, 
 Alexander W. R.ujdall, 
 George Reed. 
 
 WINNEBAGO. 
 James Duane Doty. 
 
 No delegate was elected from Chipr>rwa county. 
 
 At the assembling of the convention ninety-five delegates 
 were present and twenty-nine absent. Of the absentees, 
 eight took their seats during the first week, eighteen during 
 the second week, one on the Gth of November, and two, 
 Messrs. Stockwell of Racine and Hawes of Walworth, 
 did not attend the convention at all. So that of the 125 
 83 
 
514 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 possible delegates, only 122 were ever in attendance, and 
 there was never a day when less than 13 of these were ab- 
 sent, and some times the absentees numbered forty or more. 
 
 The journal shows that the a,yes and noes were called 274 
 times, and that the highest vote recorded was 109, while the 
 lowest was 67, but it generally ranged from 80 to 100 and 
 one fifth part of the votes were from 100 to 109. 
 
 The members were not sworn, although at the beginning 
 of the fifth week of the session, Mr, Randall introduced a 
 resolution, that each of them take an oath to faithfully and 
 impartially perform his duties as a member and support the 
 constitution of the United States. The resolution was laid 
 on the table and not again called up. 
 
 The establishment of a second Democratic paper at Mad- 
 ison has been mentioned. As a consequence there was a 
 divided sentiment among the Democratic members of the 
 convention in reference to the bestowal of the little patron- 
 age at their command. 
 
 The question of an elective judiciary was one which had 
 been considerably discussed before the meeting of the con- 
 vention. Some of the Democratic members were well- 
 known to favor it; others to be opposed to it, and others to 
 be undecided. The Democrat was in favor of it while the 
 Argus had neither advocated it nor opposed it. The opin- 
 ions of the delegates in reference to the Democrat and 
 Argus, and in reference to an elective judiciary were used 
 with much effect in the election of the President of the con- 
 vention. Don a. J. Upham, who was elected on the fifth 
 ballot, was ranked with those who called themselves " pro- 
 gressive" Democrats, of whose views the Democrat claimed 
 to be an exponent and advocate, as he was also classed with 
 the friends of an elective judiciary. 
 
 On the first ballot Mr. Upham received thirty-three votes 
 against sixty for other members of the convention, who 
 either had no opinions upon these questions or else such as 
 were opposed to those of Mr. Upham. His vote continued 
 to increase, and on the fifth ballot he received fifty-two 
 votes, against forty-one for all others. 
 
 There was a little strife over the election of Secretary, for 
 which office La'Fayette Kellogg and Wm. W. Treadway 
 were candidates. Mr. Kellogg was elected, having re- 
 ceived 48 votes to 41 for Mr. Treadway and 3 scattering. 
 
TERRITORY OF WISCONSIN IN 1846. 515 
 
 The other officers were elected viva voce on nomination 
 and without much division. The principal ones were 
 Hiram Taylor, Assistant Secretary, and John Stark- 
 weather, Sergeant-at-Arms. 
 
 A resolution was adopted as soon as the officers were 
 elected, — 
 
 "That the Secretary be directed to invite the resident clergymen of Madison to attend 
 alternately and open the convention each morning ■with prayer." 
 
 When the convention met it was of course without any 
 rules regulating its proceedings. It was a rule unto itself. 
 
 'My. a. Hyatt Smith on the first day offered a resolution 
 that the rules of the Council, so far as applicable, be adopted 
 as the rules of the convention until others were adopted. 
 
 On motion of Mr. Judd this resolution was laid on the 
 table and a committee of seven appointed to draft rules for 
 the convention, of which Mr. Judd was appointed chair- 
 man, who on the next day reported a series of seventeen 
 rules, regulating the most important of the proceedings. 
 
 The fifth of the rules was an innovation upon the usual 
 proceedings of deliberative bodies. It was, that all proposi- 
 tions should be considered in the convention, and not in 
 committee of the whole. The convention refused to adopt it. 
 
 A part of the eighth rule provided that no member 
 
 should speak longer than at any one time. 
 
 After an unsuccessful attempt to fill the blank, that part of 
 the rule was stricken out. 
 
 The twelfth rule provided that the ayes and noes might 
 be called at the request of any eight members. This was 
 amended by striking out eight and inserting fifteen. 
 
 The thirteenth provided that one fourth of the members 
 present might make a call of the convention and require 
 absent members to be sent for. This was amended by 
 striking out "one fourth*' and inserting "fifteen or one 
 fifth," and so amended was adopted. 
 
 A new rule was then adopted in lieu of the fifth, provid- 
 ing for the mode of conducting proceedings in committee 
 of the whole, when the rules reported, with these modifica- 
 tions, were adopted. 
 
 In about two weeks these rules were revised and an 
 entire new series adopted. 
 
 "Various propositions were made in reference to the mode 
 of determining the number of standing committees to be 
 
516 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 appointed, with their appropriate designations, when the 
 matter was referred to a committee of thirteen, which the 
 next day made a report recommending the appointment of 
 twenty-two distinct committees to consist of five members 
 each. 
 
 In the afternoon of the next day (tlie fourth of the con- 
 vention) the President announced the appointment of the 
 twenty-two committees. There was nothing remarkable 
 about the appointment, except what subsequently occurred 
 in reference to the committee "on the organization and func- 
 tions of the judiciary." 
 
 That committee as appointed by the President consisted 
 of Messrs. Bakek, Ryan, Hiram Barber, Wm. R. Smith and 
 O'Connor. It was well understood that all the members of 
 this committee were in favor of an elective judiciary, which 
 at that time was an experiment, except Mr. Ryan, whose 
 opinions as subsequently disclosed were in favor of a judi- 
 ciary appointed by the Governor, with the advice and con- 
 sent of three fourths of the Senate. 
 
 As soon as the committees were announced Mr. Hiram 
 Barber moved that the judiciary committee be increased 
 by the appointment of four additional members. The 
 motion was opposed by Mr. Moses M. Strong and suj)ported 
 by Mr, William R. Smith, and was adopted. 
 
 Mr. Ryan stated that he regarded the action of the con- 
 vention as a direct censure upon the committee and the 
 chair. The original proposition, he said, referred to the 
 committee of thirteen, was that the committee should 
 consist of seven members, and that committee had recom- 
 mended a reduction of the number to five. Nothing, he con- 
 tinued, had been said all this time against the number of 
 the judiciary committee, but as soon as it was announced 
 a motion was made to increase the committee and it was 
 sustained. Messrs. Judd and Hiram Barber denied that 
 any censure was implied or intended and the latter dis- 
 claimed any such intention in making the motion. Mr. 
 Ryan still persisted arid zlAJl that the action of the conven- 
 tion w^ould be judged by the act itself and not by the unex- 
 pressed intentions of the mover. It would appear on the 
 journal with no proviso. The fact was that the convention 
 had voted five a sufficient number, but when the committee 
 was announced they voted not only that the number was not 
 
TERRITORY OF WISCONSIN IN 1846. 5I7 
 
 enough but that those who were appointed were incompe- 
 tent. 
 
 Mr. Geo. B. Smith did not so construe the action of the 
 convention. He hoped the committee would be increased, 
 and that the gentleman from Racine (Ryan) would still re- 
 tain his station in the committee. 
 
 Mr. Marshall M. Strong said the effect of the motion 
 was as his colleague (Ryan) thought. He was on trial. The 
 convention said they were not satisfied with the committee. 
 The suspicion of incompetency was on the record. 
 
 Mr. A. Hyat Smith said he was satisfied that it might be 
 construed into censure. He would, therefore, move a re- 
 consideration of the vote. 
 
 The motion was reconsidered but the question recurring 
 again on the motion to increase the committee, it was car- 
 ried by a vote of 48 to 43. 
 
 Mr. Ryan then asked to be excused from serving on the 
 committee, and he was excused. 
 
 The chair then announced the following additions to the 
 committee, Messrs. Baird, J. Allen Barber, Moses M. 
 Strong, Marshall M. Strong and Steele. 
 
 Mr. Moses M. Strong said he could not consent to serve 
 on the committee after what had transpired. The gentle- 
 man from Racine (Ryan) thought the motion and the first 
 vote a reflection on him. If so the last was a direct insult. 
 He asked to be excused and his request was granted. 
 Messrs. Marshall M. Strong and Steel were also by their 
 request excused, and the committee was filled up to the 
 number of nine by the appointment of Messrs. Agry, Geo. 
 B. Smith and Tweedy. 
 
 The matter of the disposition of the printing of the con- 
 vention and its journal, was one which created no incon- 
 siderable feeling among many members of tlie convention. 
 
 On the second day of the session Mr. Gray proposed by 
 resolution the appointment of a committee to receive pro- 
 posals. 
 
 On the fourth day the resolution offered by Mr. Gray was 
 taken up, when Mr. Baker proposed an amendment that 
 Benjamin Holt (he was the representative of the Argus) 
 be employed to do the incidental printing of the conven- 
 tion and print the journal of its proceedings. 
 
 Mr. Elmore offered a substitute for tliis amendment 
 
 "Tliat a printer to the convention be elected forthwith viva voce."' 
 
518 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 The substitute was adopted. The names of the members 
 were then called, who responded with the names of the per- 
 sons for whom they voted. The result was 50 votes for 
 Beriah Brown, 44 for Benjamin Holt and 2 for Wm. 
 W. Wyman. 
 
 These preliminary and comparatively unimportant mat- 
 ters having been disposed of, the convention was ready to 
 enter upon the important work of framing a constitution. 
 
 There was not much delay. On Friday, the fifth day of 
 the session, the committee on banks and banking, by Mr. 
 Ryan, its chairman, submitted the first report, accompanied 
 by an article designed to prohibit banks of issue, and to in- 
 hibit the exercise by corporations of any banking powers 
 whatever. 
 
 This article was the real prominent cause which resulted 
 in the rejection of the constitution, and although it was 
 somewhat modified in form, the spirit of it was retained 
 and adopted. It is deemed of sufficient importance to insert 
 the article at length as it was reported, and to state the 
 important modifications, as well as the article, in the form 
 it was finally adopted. 
 
 The article, as reported, was as follows : 
 
 " 1 . There shall be no bank of issue within this State. 
 
 2. The Legislature shall have no power to create, authorize or incorporate in any man- 
 ner or form, any bank or other institution or corporation having any banking power or 
 privilege whatever. 
 
 3. The Legislature shall have no power to confer in any manner or form, upon any 
 person or persons, corporations or institutions whatever, any banking power or privilege 
 whatever. 
 
 4. No person or persons, corporation or institution, whatever, shall under any pretense 
 or authority whatever, in any manner or form whatever, make sign or issue within this 
 State any paper money, or any bank note, promissory note, bill, order, check, certificate 
 of deposit, or other evidence of debt whatever, intended to circulate as money; and any 
 person or persons, or any officer or other agent of any corporation or institution so doing 
 shall, upon conviction thereof, be fined in a sum not less than ten thousand dollars, and 
 imprisoned in the penitentiary not less than five years. 
 
 5. No person or persons shall utter, pass or pay or give or receive in payment, any 
 paper money or any bank note, promissory note, bill, order, check, certificate of deposit, 
 or other evidence of debt, whatever, intended to circulate, as money which shall purport to 
 have been issued in this State, before or after the adoption of this constitution, by any per- 
 son or persons, corporation or institution whatever; and any person or persons so doing 
 shall, upon conviction thereof, be fined in a simi not less than five hundred dollars or im- 
 prisoned not less than three months, or both. 
 
 6. No corporation within this State shall receive deposits of money, make discounts or 
 buy or sell bills of exchange, an d any officer or other agent of any corporation so doing 
 shall, upon conviction thereof, be fined in a sum not less than five thousand dollars, and 
 imprisoned not less than two years. 
 
TERRITORY OF WISCONSIN IN 1846. 519 
 
 7. It shall be the duty of the Legislature, from time to time as may bo necessary, to 
 
 pass all acts requisite to enforce any provision of this article. 
 
 E. G. Ryan, 
 
 Chairman." 
 
 This article, with another on the same subject submitted 
 two clays later, by Mr. Gibson, the minority of the com- 
 mittee, were considered in committee of the whole for four 
 days and a most exhaustive discussion of the subject of 
 banks and banking ensued. 
 
 At this time the paper money currency of the whole 
 country was in a deplorable condition. Most of the banks 
 of issue had suspended specie payments, and the bank notes 
 in circulation were regarded with great distrust. In the 
 southwestern part of the Territory the circulating medium 
 was exclusively gold and silver, mostly foreign coin. Eng- 
 lish sovereigns were paid out and were received at $4.90, 
 French five-francs at 95c. In the eastern part a heteroge- 
 neous currency existed, made up of the bank notes of the 
 Eastern States — mostly New York and New England — 
 and of the certificates of deposit of the Wisconsin Marine 
 and Fire Insurance Company, usually known as "Mitchell's 
 Bank." These had never been discredited or their redemp- 
 tion at the bank in coin refused, and notwithstanding the 
 general belief and the deliberate declaration of the Legisla- 
 tive Assembly, that their issue w^as not authorized by the 
 charter, they had the general confidence of the community 
 in the whole valley of the Mississippi. 
 
 In this condition of the curre ncy there was an almost uni- 
 versal sentiment throughout Wisconsin of opposition to the 
 conferring by law of banking powers and privileges upon 
 individuals or corporations, especially the power of issuing 
 paper money currency. At the same time there was a 
 very prevalent sentiment that all departments of banking, 
 except the issue of currency, including deposits, discount 
 and exchange, should be left entirely free and untram- 
 melled to individuals. 
 
 These sentiments were almost unanimously reflected by 
 the delegates to the convention, while there was a respect- 
 able minority who regarded them as transient and tempo- 
 rary, and that the time would come in the growth and 
 progress of the State Avhen the creation of corporations, Avith 
 all the usual powers of banks, would be demanded by the 
 wants of the people. 
 
 The "Ryax report." as it was called, to the extent that it 
 
520 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 provided a constitutional prohibition of the creation of 
 banking corporations, or the issue in any way or by any 
 means, of paper money currency, expressed the sentiment 
 of about four fifths of the members of the convention, 
 while there was not a majority who were willing to carry 
 their opinions to what the report presented as the logical 
 result of providing "pains and penalties" for violating the 
 constitutional prohibition. 
 
 Hence there was little room and less need for argument 
 upon the important principles contained in the report, and 
 the discussion was limited mainly to the question of detail 
 whether the remedy for the violation of the constitution 
 should be contained in the constitution itself, or left to sub- 
 sequent legislative action. 
 
 Although the question of incorporating "pains and penal- 
 ties" into the constitution was the only one about which 
 there was much difference of opinion, yet the discussion 
 took a very wide range. 
 
 Those who spoke in favor of the article as reported by 
 the committee were Messrs. Ryan, A. H. Smith, J. Y. Smith, 
 Whitesides, Elmore, Noggle, Bevans, Clark, Kellogg, 
 Harkin and Moses M. Strong. 
 
 Those who spoke against it, and in favor of various mod- 
 ifications of it were Messrs. Gibson, Wm. K Smith, George 
 B. Smith, Baker, Burnett, Hiram Barber, Randall, Judd, 
 Beall, Steele, Dennis, Parks, Hicks, Horace Chase, 
 HuNKiNS, BuRCHARD and Moore. 
 
 Numerous amendments were proposed both in committee 
 of the whole and after it was reported back to the conven- 
 tion, several of which were adopted. 
 
 When it became apparent that a majority were opposed 
 to the penal features of the article, Mr. Ryan proposed a 
 substitute for those sections containing such features, which 
 was adopted, as was also a new section proposed by him de- 
 claring that it should not be lawful to circulate after 1847 
 bank notes less than ten dollars, nor after 1849 less than 
 twenty dollars. 
 
 The following is the article as finally adopted: 
 
 " ON BANKS AND BANKING. 
 
 Section 1. There shall be no bank of issue within this State. 
 
 Section 2. The legislature shall not have power to authorize or incorporate by any- 
 general or special law any bank or other institution having any banking power or privilege 
 or to confer upon any corporation, institution, jjerson or persons any banking power or 
 privilege. 
 
TERRITORY OF WISCONSIN IN 1846. 521 
 
 Section 3. It shall not be lawful for any corporation, institution, person or persons 
 within this State, under any pretense or authority, to make or issue any paper money, 
 note, bill, certificate or other evidence of debt whatever, intended to circulate as money. 
 
 Section 4. It shaU not be lawful for any corporation within this State, under any pre- 
 tense or authority to exercise the business of receiving dejiosits of money, making discounts 
 or buying or selling bills of exchange or to do any other banking business whatever. 
 
 Section 5. No branch or agency of any banking institution of the United States or of 
 any State or Teriitory within or witliout the United States shall be estabhshed or main- 
 tained within this State. 
 
 Section 6. It shall not be lawful to circulate within this State after the year 1847, any 
 paper uiouey, note, bill, certificate or otlier evidence of debt whatever, intended to circu- 
 late as money, issued without this Slate of any denomination less than ten dollars, or after 
 the year 1849 of any denomination less than twenty dollai's. 
 
 Section 7. The legislature shall, at its first session after the adoption of this constitu- 
 tion, and from time to time thereafter, as may be necessary, enact adequate penalties for 
 the punishment of all violations and evasions of the provisions of this article." 
 
 An amendment was proposed by Mr, Tweedy which pro- 
 vided that banking associations might be formed under 
 general kiws but that any such law should be submitted to 
 a vote of the electors at a general election and be approved 
 by a majority of the voters at such election before it be- 
 comes a law. For this amendment there were but 21 votes 
 and 80 against it. 
 
 Another proposition was submitted by Mr. Eeed for the 
 separate submission of an article, giving to the legislature 
 powers similar to those proposed in the amendment offered 
 by Mr. Tweedy. But the convention would have no sepa- 
 rate submission and the proposition of Mr. Reed was indefi- 
 nitely postponed by a vote of G5 to 30. 
 
 The next article considered by the convention was that 
 " On Suffrage and the Elective Franchise." 
 
 In view of the opposition and excited feeling which had 
 been exhibited to the acts of the Legislative Assembly con- 
 ferring upon unnaturalized foreigners the right of voting 
 for or against State government, and for delegates to the 
 convention, it would seem reasonable to have expected some 
 exhibitions of that feeling in the convention. 
 
 The article, in that respect, only required the declaration 
 of intention as a qualification of the right of sufi'rage. And, 
 although there might have been, in committee of the whole, 
 some attempt to restrict the right to citizens, yet if there 
 was, it was so feebly sustained that it was never renewed in 
 the convention, where the ayes and noes could be had. 
 
 The principal controversy in the discussion of this article 
 was upon the subject of negro suffrage. 
 
522 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 This arose in the first instance upon a proposition of Mr. 
 Baker for a separate submission of an article giving the 
 right of suffrage to " colored male citizens." The proposi- 
 tion was discussed at great length, and defeated by a vote 
 of 47 to 51. 
 
 The article was then adopted substantially as reported by 
 the committee, except that voting by ballot was substituted 
 for a viva voce vote, as recommended by the committee. 
 
 Afterward a resolution was introduced by Mr. Randall 
 for the separate submission of a separate article, which pro- 
 vided that all colored male citizens should have the right to 
 vote for all elective officers, and after being amended so as 
 to provide that they should also be eligible to all offices, was 
 adopted by a vote of 53 to 46. The delegates who changed 
 votes on this question were Messrs. Burchard, Graham, 
 Hackett, Janssen, and Wilson. 
 
 Thomas P. Burnett, one of the delegates from Grant 
 county, was one of the most distinguished members of the 
 convention. 
 
 Detained at his residence by the sickness of his wife and 
 mother, he did not take his seat until the 14th of October, 
 and remained only ten da5^s, when he was called to his 
 home by their more serious illness.' 
 
 On the first day of November his mother died at the age 
 of seventy -three, and four days later, on the fifth, Mr. Bur- 
 n ett and his wife both, on the same day, yielded to the 
 same fatal disease, and their mortal remains were buried in 
 one common grave. 
 
 It was not until Tuesday, the 10th of November — so slow 
 were the means of communication at that time between the 
 Capital and his secluded home — that Mr. J. Allen Barber 
 made the announcement to the convention of the death of 
 his illustrious colleague. 
 
 The usual resolutions of respect and sorrow were adopted 
 and as a further mark of respect the convention adjourned 
 over until the following Thursday. 
 
 Thomas Pendleton Burnett was born in Pittsylvania 
 county, Virginia, September 3, 1800. When he was but a 
 child his father migrated to Kentucky. He studied law, was 
 admitted to the bar, and commenced practice at Paris, Ken- 
 tucky. In October, 1 829, he was appointed sub-Indian agent 
 at Prairie du Chien, and removed there in the following 
 month of June. 
 
TEKKITOKY OF WISCONSIN IN 1846. 523 
 
 In December, 1836, he married Lucia Maria, second 
 daughter of Rev. Alfred Brunson, then about twenty 
 years of age. In the spring of 1837 he changed his resi- 
 dence to Cassville in Grant county, and soon after re- 
 moved to a large and vahiable farm, which he had made in 
 the town of Patch Grove, where he continued to live until 
 his death. 
 
 On the 27th of October, the committee on the organiza- 
 tion and functions of the judiciary, in the formation of 
 which there had been so much trouble, by Mr. C. M. Baker, 
 its chairman, submitted an extended report, accompanied 
 by an article on the subject, which was proposed as part of 
 the constitution. 
 
 The report says : 
 
 " The leading features of the system proposed for adoption are briefly these: 
 
 First, a supreme bench composed of three justices distinct from tlie ciicuit judges. 
 
 Second, five circuit courts subject to iucrease or modification as the Legislature shall 
 deem expedient. 
 
 Third, the union of law and equity powers in the judges of the supreine and circuit 
 courts, reserving to the Legislature the right to establish a distinct court of chancery 
 whenever it shall be deemed expedient. 
 
 Fourth, interchange of circuits by the circuit judges, so that no judge shall preside in 
 the same circuit more than one year in five successive years; and 
 
 Fifth, the election of the supreine and circuit court judges by the people, the former by 
 general ticket, the latter by districts." 
 
 The largest part of the report was devoted to presenting 
 the arguments in favor of an elective judiciary. 
 
 Two members of the committee, Messrs. George B. Smith 
 and O'Connor, submitted the next day a minority report, 
 which differed from the majority report in only one very 
 important feature. 
 
 It proposed a separate supreme court of three judges, 
 elected by the State at large, and five district judges, one to 
 be elected in each of the five districts, and that moreover 
 there should be elected in each county, two or three asso- 
 ciate judges, and that the district judge and the associate 
 judges should form the district court of that county, and 
 that the associate judges in each county should have juris- 
 diction of all probate matters. 
 
 It was not until the 10th of November that the articles 
 relative to the judiciary came up for consideration. They 
 were then considered in committee of the whole where they 
 were discussed and amended for four days and some very 
 material changes were made. 
 
524 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 The sentimePxt in favor of an elective j udiciary proved to 
 be so strong, that only a small part of the time was spent 
 upon that question. The vote in favor of it was 78 to 20. 
 
 The twenty were Messrs. Atwood, J. M. Babcock, Baird, 
 Brace, Clothier, Drake, Elmore, Hackett, Hunkins, Geo. 
 Hyer, Kellogg, Prentiss, Randall, Rogan, Ryan, Mar- 
 shall M. Strong, Moses M. Strong, Tweedy, Vliet and 
 
 WlLLARD. 
 
 The principal controversy was, whether there should be a 
 separate Supreme Court, or whether the circuit judges 
 should constitute the Supreme Court. This was known as 
 the nisi prius system. 
 
 These differences were adjusted by a proposition which 
 was finally adopted by a vote of 77 to 12, in this form: 
 
 " For the term of five years from the first election of the judges of the circuit courts, 
 and thereafter until the Legislature shall otherwise provide, the judges of the several cir- 
 cuit coiu-ts shall be judges of the Supi-eme Court," etc. 
 
 Mr. Ryan moved, while this proposition was pending, to 
 strike out the " five year" provision, so as to make the nisi 
 prius system permanent and unchangeable. 
 
 This amendment was lost by a vote of 30 to 58. 
 
 It was proposed to strike out the provision in these words: 
 
 " No election for judges, or for any single judge, shall be held vpithin thirty days of any 
 other general election." 
 
 The motion to strike out was lost by a vote of 30 to 63. 
 
 The article as finally amended was adopted by a vote of 
 86 to 13. The thirteen were Messrs. Baird, J. Allen Bar- 
 ber, Clothier, Coxe, Crawford, Elmore, George Hyer, 
 Prentiss, Randall, Ryan, Moses M. Strong, Tweedy, and 
 
 WlLLARD. 
 
 Wisconsin was a pioneer in many reforms. Perhaps the 
 Diost noteworthy of novelties in its first attempt to adopt a 
 State constitution, was the incorporation into the funda- 
 mental law of a provision securing to married women the 
 right to their separate property, and to debtors the exemp- 
 tion of a homestead from the claims of their creditors. 
 
 The article upon these subjects met with strenuous oppo- 
 sition. With some, because they were opposed to the ideas 
 which it embodied; with others, who, while they would have 
 consented to the experiment as a legal enactment, liable to 
 repeal, were unwilling to adopt it as a constitutional pro- 
 vision; while still others objected that the two ideas, of mar- 
 ried women's rights and homestead exemption, had no 
 
TERRITORY OF WISCONSIN IN 1846. 525 
 
 necessary connection or association with each other, and 
 that incorporating the two in one article was a species of 
 "log rolHng" which ought not to be permitted. 
 The article as finally adopted was as follows: 
 
 "Section 1. All property, real and personal, of the wife, owned by her at the time of 
 her marriage, and also that acquired by her after marriaj^e, by g-ift, devise, descent, or 
 otherwise than from her husband, shall be her separate property. Laws shall be passed 
 providing for the registry of the wife's property, and more clearly defining the rights of 
 the wife thereto, as well as to property held by her with her husband, and for carrying out 
 the provisions of this section. Where the wife has a separate projierty from that of the 
 husband the same shall be liable for the debts of the wife contracted before marriage 
 
 "Section 2. Forty acres of land to be selected by the owner thereof, or the homestead of 
 a family not exceeding forty acres, which said land or homestead shall not be included 
 within any city or village, and shall not exceed in value one thousand dollars or instead 
 thereof (at the option of the owner) any lot or lots in any city or village, being the home- 
 stead of a family and not exceeding in value one thousand dollars, owned and occupied 
 by any resident of this State, shall not be subject to forced sale on execution for any 
 debt or debts growing out of or founded upon contract, either express or implied, made 
 after the adoption of this constitution. Provich'd, That such exemption shall not affect iu 
 any manner any mechanic's or laborer's lien or any mortgage thereon lawfully obtained, 
 nor shall the owner, if a married man, be at liberty to alienate such real estate unless by 
 consent of the wife." 
 
 While the article was under consideration a substitute 
 for the first section was offered by Mr. Taveedy, providing 
 that the Legislature should enact suitable laws to effect 
 the objects of the section. This was defeated by a vote of 
 4.3 to 56. 
 
 Much controversy arose as to the phraseology of the 
 second section, and several different forms of expression 
 were proposed and rejected, but to Mr. NoG(iLE belongs the 
 honor of proposing the form of words in which it was 
 adopted. 
 
 No separate vote was taken upon each of the two sec- 
 tions, but the entire article was passed by a vote of 61 to 34. 
 
 Mr. Marshall M. Strong had been a strenuous opponent 
 of this article and of each of its component parts, and had 
 proposed several amendments to it which were rejected. 
 After recording his vote against it as one of the 34, he left 
 the hall of the convention to return no more, and on the 
 evening of that day the President presented his resignation 
 as a member of the convention. 
 
 The resignation contained no reason, but it was generally 
 understood that the passage of this article was the immedi- 
 ate moving cause. At any rate, from that time forward he 
 opposed the adoption of the constitution, and the adoption 
 
526 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 of this article was a prominent cause assigned for his 
 opposition. 
 
 It was provided in the schedule, which formed a part of 
 the constitution, that it should be submitted to a vote of the 
 electors on the first Tuesday of April, 1847. 
 
 The history given of the first convention is limited to the 
 subjects of banks and banking, negro suffrage, judiciary 
 and the article in relation to the rights of married women 
 and homestead exemption. This is not because the interest 
 of the convention w^as confined to these, but because they 
 constituted the principal points of attack of those who op- 
 posed the ratification of the constitution and succeeded in 
 defeating it. 
 
 The convention adjourned on the IGth December, and 
 during the remaining two weeks of the year nothing oc- 
 ■curred of sufficient importance to be worthy of record. 
 
 CHAPTER XXVIII. 
 
 TERRITORY OF WISCONSIN — 1847. 
 
 There was a very great contrast between the anticipa- 
 tions of a change from a Territorial to a State government 
 that pervaded the people of the Territory in the early part 
 of the year 18-4G, and those v/hich existed at the beginning 
 of the year 1847. 
 
 Then little doubt existed that a change was imminent, 
 and the vote in April of five eighths of the voters in favor 
 of it seemed to insure it. As soon as circumstances would 
 admit a convention to form a constitution was held, the 
 result and many of the details of whose proceedings have 
 been given. 
 
 Now, at the advent of what had been generally supposed 
 would be the last year of Territorial government, a great 
 change and with many a great disappointment had fallen 
 upon the spirit of their anticipations. 
 
 The resignation a few days before the adjournment of 
 
TERRITORY OF WISCONSIN IN 1847. 527 
 
 the convention, of one of its most prominent, able and influ- 
 ential members, and withal one of the recognized leaders of 
 the Democratic party, for the avowed reason of dissatisfac- 
 tion with the constitution, and the avowed purpose of 
 making that dissatisfaction effective in its defeat if possible? 
 produced a marked effect in promoting the opposition to its 
 adoption, and with the co-operation of other prominent 
 democrats, rendered it impossible to obtain for it the sup- 
 port of the dominant party as a party ineasure. 
 
 The result was the development of a very powerful oppo- 
 sition to the adoption of the constitution, consisting of 
 almost the entire body of voters in the Whig party, and a 
 large number — perhaps a moiety — of those in the Demo- 
 cratic party. 
 
 This opposition was exhibited from and before the begin- 
 ning of the year until the decision of the question on the 
 first Tuesday of April. But a statement of the grounds of 
 it and its modes must be postponed for some account of the 
 congressional and home legislation affecting the Territory 
 which was occurring during this period. 
 
 The twenty-ninth Congress which commenced its second 
 session on the seventh day of December, 1840, did not act on 
 the hypothesis that the constitution would not be adopted by 
 the people, but during that session passed "' An act for the 
 admission of the State of Wisconsin into the Union." 
 
 The preamble recited that 
 
 " Whereas, the people of the Territory of Wisconsin did on the sixteenth day of De- 
 cember, 184G, by a convention of delegates called and assembled for that purpose, form for 
 themselves a constitution and State government, which said constitution is republican; 
 and said convention having asked the admission of said Territory into the Union as a 
 State on an equal footing with the original states." The act then prescribed " That the 
 State of Wisconsin be, and the same is hereby declared to be, one of the United States of 
 America, and is hereby admitted into the Union on an equal footing with the original 
 states in all respects whatever." 
 
 The first constitution declared that the State consented to 
 and accepted the boundaries prescribed in the act of Con- 
 gress of August Gth, 1840, which adopted the St. Croix River 
 from near its source to its mouth as the western boundary, 
 but proposed to Congress, in the article on boundaries, the 
 following alteration 
 
 "As the preference of the State of Wisconsin, and if the same shall be assented and 
 •agreed to by the Congress of the United States, then the same shall be and forever remain 
 obligatory on the State of Wisconsin, viz. : Leaving the aforesaid boundary line at the 
 
538 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 first rapids in the River St. Louis; thence in a direct line southwardly to a point fifteen 
 miles east of the most easterly point in Lake St. Croix; thence due south to the main 
 channel of the Mississippi River or Lake Pepin; thence down tlie said main channel as 
 prescribed in said act." 
 
 This " direct line soutliwardly/' if it had been adopted as 
 the boundary between Wisconsin and Minnesota, would 
 have run near the range line between ranges seventeen and 
 eighteen west, leaving out of Wisconsin the whole of the 
 St. Croix River below where the boundary intersected it, 
 about half of Pierce, St. Croix and Polk counties and a large 
 part of Burnett county. 
 
 The act of Congress gave its assent to the change of 
 boundary proposed in the first article of the constitution, 
 and if the constitution had been adopted, the western bound- 
 ary of the State would have been that expressed as the 
 " preference of the State " in the constitution. 
 
 But another section of the act of admission declared it to 
 be a fundamental condition of the admission of said State 
 of Wisconsin into the Union, that the constitution adopted 
 a1 Madison on the 16th day of December, 1846, shall be as- 
 sented to by the qualified electors in the manner and at the 
 time prescribed in the ninth section of the twentieth article 
 of said constitution. 
 
 The appropriations by Congress for the salaries of the Ter- 
 ritorial officers and for legislative expenses, were the same 
 as the preceding year. 
 
 No appropriations were made at this session for rivers or 
 harbors. A few were n:iade for light-houses, among which 
 was one for a light-house at Southport of $4,000, and at or 
 near Tail Point, at the Mouth of Fox River, ^4,000. 
 
 An act was passed creating a new land district, called the 
 Chippewa Land District, which included all the territory be- 
 tween the Mississippi River, and the fourth principal merid- 
 ian north of town 22, and all between the fourth meridian 
 and the W isconsin River north of town 39, 
 
 The right to enter two hundred acres of land, at $1.25 per 
 acre, was granted to the citizens of Beetown, in Grant 
 county, for the use and benefit of the occupants thereof. It 
 had been reserved from sale as mineral lands, and the vil- 
 lage of Beetown had been built upon it. 
 
 The right of pre-emption to the northeast quarter and east 
 one half of the northwest quarter of section 36, town 1, range 
 
TERRITORY OF WISCONSIN IN 1847. 529 
 
 1 east, was granted to Philip F. Dekrixg and Robert H. 
 Champion. This was valuable mineral land, had long been 
 " claimed" by Messrs, Derring and Champion, though re- 
 served from sale, and the village of New Diggings had 
 grown up upon it. 
 
 The first session of the fifth Legislative Assembly was 
 convened at Madison on the 4tli day of January, 1847. 
 
 The members were elected under a new apportionment 
 made by the Governor, in pursuance of a law passed at the 
 preceding session, and was based upon the population June 1, 
 184G, as shown by the census taken that year. 
 
 The effect of the apportionment was to give to the eastern 
 counties an increased representation, which was taken from 
 the western counties. 
 
 The following is a list of the members of each house: 
 
 council. 
 
 Broivn, Columbia, Fond du Lac, Manitoivoc, Marquette, 
 Portage and Winnebago: Mason C. Darling. 
 Milwaukee: Horatio N. Wells. 
 
 Bacine: Frederick S. LovELLand Marshall M. Strong. 
 Walworth: Henry Clark. 
 Rock: Andrew Palmer. 
 loiva and Richland: William Singer. 
 Waukesha: Joseph Turner. 
 Crawford: Benjamin F. Manahan. 
 Grant: Orris McCartney. 
 
 Dane, Green, and Sauk: Alexander L. Collins. 
 Dodge and Jefferson: John E. Holmes. 
 Washington and Sheboygan: Chauncey M. Phelps. 
 
 house of representatives. 
 
 Bacine: Uriah Wood and Elisha Raymond. 
 
 Walworth: Charles A. Bronson and Palmer Gardiner. 
 
 Mihvaukee: William Shew, Andrew Sullivan and 
 William W. Brown. 
 
 Iowa and Richland: Timothy Burns, James D. Jenkins 
 and Thomas Chilton. 
 
 Grant: Armstead C. Brown and William Richardson. 
 
 Dane, Green and Sauk: Charles Lum, William A. 
 Wheeler and John W. Stewart. 
 
 Sheboygan and Washington: Harrison C. Hobart. 
 34 
 
§30 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 Dodge and Jefferson: George W. Green, John T. 
 Haight and James Giddings. 
 
 Rock: Jared G. Winslow and James M. Burgess. 
 
 Waukesha: Joseph Bond, and Chauncey G. Heath. . 
 
 Crawford: Joseph AV. Furber, 
 
 Brown, Columbia, Fond du Lac, Manitoicoc, Marquette, 
 Portage and Winnebago: Elisha Morrow, and Hugh 
 McFarlane: 
 
 A very large proportion of the members of both houses 
 were without legislative experience. But three members of 
 the Council and four members of the House had ever been 
 members of the Territorial Legislature. 
 
 In the Council, Marshall M. Strong had, previously, 
 often been a member of the Council; Mason C. Darling had 
 been continuously a member of the House from 1840 to 
 1846, and Horatio IST. Wells had been a member of the 
 House in 1839 and 1840. 
 
 In the House of Representatives, William Shew had 
 been a member at three different sessions; Joseph Bond at 
 two, and Armstead C. Brown and Elisha Morrow were 
 both members at the previous session of 1846. 
 
 All the members were in attendance at the opening of the 
 session, except Messrs. Strong and Manahan, in the Coun- 
 cil, and Mr. Furber, in the House. 
 
 The two houses were immediately organized, by the 
 appointment of Mason C. Darling, President pro tern, of the 
 the Council, and William Shew, Speaker pro tern, of the 
 House, both of whom were subsequently elected by ballot, 
 as the presiding officers of their respective houses. 
 
 Thomas McHugh was elected Secretary of the Council 
 and LaFayette Kellogg, Chief Clerk of the House of 
 Representatives. 
 
 The customary messages announcing the organization of 
 both branches of the legislative assembly were inter- 
 changed, when the Governor, having been waited upon by 
 a joint committee, met the two houses in joint assembly 
 on the second day of the session and read, in person, his 
 annual message. 
 
 The early admission of Wisconsin into the Union was 
 referred to in the message in favorable terms. 
 
 The appointment of a joint committee to ascertain if 
 practicable the amount of the indebtedness of the Territory 
 was recommended, one reason for which was that — 
 
TERRITORY OF WISCONSIN IN 1847. 531 
 
 "As the present will doubtless be the last meeting of the Ijegislative Assembly during 
 the Territorial government, it is clue to the people as well as the creditors of the Territory 
 that this investigation should take place." 
 
 Memorials to Congress for appropriations for harbors at 
 Milwaukee, Racine, and Soiithport were recommended. 
 
 The Governor evinced his interest in the military defense 
 of the Territory against Indian disturbance by a repetition 
 of his recommendation for a reorganization of the militia 
 and its oflBcers. In this connection he also stated that in 
 accordance with a request of the Secretary of War, one 
 company of volunteer infantry composed of citizens of 
 Crawford county, had been nmstered into the United States 
 service, to occupy Fort Crawford in the absence of regular 
 troops. 
 
 This company was commanded by Captain Wyram 
 Knowlton, afterwards elected judge of the sixth judicial 
 circuit, under the State government, and for about three 
 years one of the judges of the Supreme court. 
 
 Our relations with the Menomonee and Chippewa Indians 
 the principal tribes remaining within the Wisconsin superin- 
 tendency, were represented as "of the most friendly char- 
 acter." 
 
 The purchase by the United States of the Menomonee 
 country, at least that portion of it lying between the Wolf 
 River and the portage of the Fox and Wisconsin Rivers, 
 the message represented as "desirable." 
 
 E. R. HuGUNiN had been elected Sergeant-at-Arms of the 
 House, and having obtained leave of absence for a few days 
 towards the close of the session, William A. Barstow, 
 afterwards Secretary of State and then Governor, was 
 elected Sergeant-at-Arms j)^^o t<^^n- The fact is worthy of 
 mention as an illustration of the equality of the workings 
 of our republican government. 
 
 It w^as but nineteen da^^s from the time when the conven- 
 tion to form a constitution adjourned, and submitted that 
 fundamental law to the people for their adoption or rejec- 
 tion on the 4th day of April, until the Legislative Assembly 
 met. But within these few daj^s a warm, unmistakable 
 and somewhat vigorous, though unorganized opposition to 
 the adoption of the constitution had been developed. 
 
 That opposition had its representation in the Legislative 
 Assembly ; much stronger proportionately in the Council 
 
/ 
 
 533 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 than- in the house. Marshall M. Strong was by common 
 consent recognized as entitled to the distinction — honorable 
 or otherwise, from the stand-point from which it was 
 viewed — of being the leader of this opposition among the 
 people and in the Council, where he was ably assisted by 
 Messrs. Wells, Lovell, Collins and others. 
 
 A number of petitions, asking for the passage of a law 
 providing for the holding of another convention for the 
 adoption of another constitution in the contingency that the 
 first should not be adopted, were presented, and in the 
 Council referred to the judiciary committee consisting of 
 Messrs. Wells, Strong and Collins. The committee re- 
 ported a bill, making all appropriate provisions for such a 
 convention, accompanied by a report, the re-production of 
 which is justified by the interest which then surrounded the 
 question. They say: 
 
 "The committee do not feel called upon to express any opinion as to the merits of the 
 constitution already proposed, or to speculate on the probabilities of its rejection. 
 
 "It is enough for us to know that the electors of the territory have the power to refuse 
 to it their sanction, and that a respectable portion of them, already looking to such an 
 event, have asked the passage of the law in question. 
 
 "The contingency to meet which this provision is asked, has already happened in other 
 territories, and by possibility at least might happen in Wisconsin. 
 
 " Provision by law for a second convention subjects the electors to no trouble and the 
 State to no expense, while it leaves the people free to exercise their choice, either to take 
 the constitution now presented to them, or to take prompt measures to secure a better 
 one. 
 
 " To withhold such a provision would seem to be assuming on the part of the Legislature 
 to prejudge the question now submitted to the people, or would at least be saying to them 
 * you must take the constitution now offered to you, or you shall have none with our aid 
 and consent.' Such a position it is presumed this body does not wish to occupy. 
 
 "Regarding the rejection of the constitution as barely possible within the sovereign 
 choice of the people, the committee cannot deem it wise or necessary, in case of such 
 contingency to incur the expense of a special session of the Legislative Assembly or to 
 submit to the delay of awaiting the action of a futiu-e Legislature. 
 
 "Having the power now to make the requisite provisions, and being called upon to do so, 
 the committee deem it the duty of this body to pass the law asked, leaving it to the choice 
 of the people to make use of it or not, as they may deem proper." 
 
 The bill reported by the committee provided for a new 
 convention to be held in June and was generally regarded 
 as the most important one of the session. It certainly ex- 
 cited more interest than any other. It was very f ull}^ and 
 ably discussed by its supporters and opponents in the Coun- 
 cil, where the subject was so thoroughly exhausted that 
 there was little disposition to discuss it in the House. 
 • The leading speech in the Council was that of Mr. Strong 
 
TERRITORY OF AVISCONSIN IN 1847. 533 
 
 which not only presented the arguments in favor of the bill 
 itself, but was a very able and exhaustive argument against 
 the adoption of the constitution, and was extensively used 
 as a campaign document in the discussions before the 
 people. 
 
 The principal arguments in support of the bill itself were 
 those embodied in the report of the committee. 
 
 Some of the arguments against it were that it was an un- 
 warrantable interference by the Legislature with a question 
 then pending before the people, which would be construed 
 into an expression of an opinion by the Legislature in op- 
 position to the constitution, and would tend to impair the 
 free and fair expression of the opinions of the people on the 
 subject. 
 
 Anotlier objection was the expense of another convention. 
 
 Another, the uncertainty of obtaining any better con- 
 stitution. 
 
 Another, the constitution could be easily amended. 
 
 Another — of a party character — that another conven- 
 tion would injuriously affect the Democratic party — tlien 
 dominant. 
 
 The ultimate argument against the bill was that if the 
 pending constitution should not be adopted the Governor 
 could call a special session of the Legislature. 
 
 A vote on the bill was had in the Council, on the Gth of 
 February, when it passed by a vote of 7 to G. 
 
 Those who voted in the affirmative were Messrs. Collins, 
 Holmes, Lovell, McCartney, Strong, Turner and Wells. 
 
 The negative votes were those of Messrs. Clark, Mana- 
 HAN, Palmer, Phelps, Singer, and Darling. 
 
 The bill came up for consideration in the House of Repre- 
 sentatives on the 9th of February, when it was indefinitely 
 postponed by a vote of 18 to 8, all the members being pres- 
 ent, and all thus voting to defeat the bill except Messrs. 
 Bronson, a. C. Brown, W. W. Brown, Furber, Gardner, 
 Haight, Heath, and Richardson. 
 
 The exciting questions connected with the bill were thus 
 transferred from the Legislative Halls to the forum of the 
 people. 
 
 The subject of railroads, and especially the passage of 
 laws granting the franchise of constructing them occupied 
 much of the attention of the Legislature, and excited more 
 
534 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 interest than any other matter except the questions con- 
 nected with State government and the constitution. 
 
 The first bill upon this subject was the second to be intro- 
 duced in the House on any subject, and was presented by 
 Mr. HoBART, and incorporated the Sheboygan and Fond du 
 Lac Railroad Company with the franchise of constructing a 
 railroad " beginning at Sheboygan and terminating at Fond 
 du Lac." 
 
 The bill was introduced on the 11th of January, referred 
 to one of the standing committees, then considered in com- 
 mittee of the whole, and passed the House on the 18th of 
 January without opposition or even a division. It passed 
 the Council on the 22d of January without serious opposi- 
 tion. The ayes and noes were called on ordering it to a 
 third reading, when twelve voted in the affirmative and only 
 one — Mr. Clark — in the negative. 
 
 This unanimity was remarkable, in view of the differences 
 of opinion which were soon after developed in relation to 
 granting similar franchises in the more southern part of the 
 Territory, and was probably in consequence of a prevalent 
 opinion that a railroad from Sheboygan to Fond du Lac was 
 a visionary chimera, and that if ever built it could not come 
 in competition with a road extending west froin Milwau- 
 kee, Racine, or Southport. 
 
 Simultaneously with the introduction of the Sheboygan 
 Bill by Mr. Hobart, a bill was introduced by Mr. A. C. 
 Brown, to incorporate the Milwaukee, Madison and Missis- 
 sippi Railroad Company — Potosi being the contem- 
 plated western terminus. This encountered some local 
 hostility, and before it ever came to a vote was laid on the 
 table and the House refused to again take it up. 
 
 No one appeared to suppose that more than one railroad 
 could be built or supported across the Territory between the 
 Lake and the Mississippi River, and a proposition to 
 authorize one to be built from either Milwaukee, Racine or 
 Southport westward, was by many of the citizens of the 
 points not named, regarded as a direct blow at their pros- 
 perity. 
 
 Bills were pending in both houses granting charters to 
 construct railroads, some from one point and some from 
 another; when on the 25th of January Mr. Wells offered 
 in the council a joint resolution 
 
 "That all bills for the construction of railroads from Lake Michigan to the Mississippi 
 
TERRITORY OF WISCONSIN IN 1847. 535 
 
 "River, now before either house, be referred to a joint committee of three from each house, 
 "with instructions to report one bill for a railroad, either with or without points." 
 
 A motion was made to strike out the words "eitlier with 
 or," so as to leave it "without points." This was defeated 
 by a vote of 6 to 6. The resolution was then adopted in the 
 Council by a vote of 7 to 5. On tlie next day it was adopted 
 by the House by a vote of 13 to 12. 
 
 The committee consisted of Messrs. Wells, Strong, and 
 Palmer, of the Council, and Haight, Richardson and Ray- 
 mond, of the House. 
 
 The next day after their appointment the joint committee 
 reported a bill to incorporate "the Lake Michigan and 
 Mississippi Raih'oad Company." The bill created twenty-six 
 commissioners, who were named, to receive subscrip- 
 tions to the capital stock; of whom four resided in Milwau- 
 kee county, four in Racine and two in each of the counties 
 of Walworth, Rock, Green, Grant, Iowa, Dane, Jefferson, 
 Dodge, and Waukesha. The capital was to be $1,500,000, in 
 shares of $100 each, and whenever 10,000 shai-es were sub- 
 scribed, and $5 on each share paid, the company was to be 
 organized by the election of nine directors. 
 
 The company was authorized to locate and construct a 
 railroad — 
 
 "From such eh'gible point south of township number 8, on Lake Michigan, to such 
 " eligible point on the Mississippi River, in the county of Grant, as shall be determined 
 "upon by a vote of the stockholders." 
 
 The bill passed the House on the 30th of January by a 
 vote of 13 to 11, and on the 2d of February it passed the 
 Council by a vote of 12 to 1, Mr. Singer alone voting in the 
 negative. 
 
 The passage of this resolution did not, nor did the pas- 
 sage of the bill reported by the committee, have the effect 
 of suppressing attempts to introduce other bills. 
 
 On the same day that the bill "without points" was 
 reported in the House, two bills were introduced by Mr. 
 Lovell, one (No. 28) to incorporate the "Southern Railroad 
 Company of Wisconsin," the other (Xo. 29) to incorporate 
 the "Racine and Mississippi Railroad Company," and one 
 (No. 31) by Mr. Turner, to incorporate the "Milwaukee and 
 Waukesha Railroad Company." 
 
 The two bills introduced by Mr. Lovell were both laid 
 on the table on the 4th of February and not again taken up. 
 
 The bill introduced by Mr. Turner passed the Council 
 without serious opposition. One incident however occurred. 
 
536 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 which in view of later judicial decisions, is worthy of being 
 reproduced. It was an amendment offered to the bill by 
 Mr. LovELL and subsequently withdrawn by him. 
 
 In the celebrated (so called) "Granger" cases (The At- 
 torney General vs. Railroad Companies, 35 Wis. R,, 425) 
 Chief Justice Ryan in delivering the opinion of the court 
 says (p. 587) — 
 
 "On the argument we called on the Attorney General for information on this point (the 
 power of the Legislature to repeal the charter), we were only informed that the Territorial 
 charter contained a reserved power to alter or repeal. On examination we find this to be 
 a mistake. The only power reserved is in section 20 of the act. And that only provides 
 that in case of violation of the charter by the company, the Territorial or State Legisla- 
 ture might resume the rights and privileges granted by it. The right reserved in this 
 section is dependent on violation of the charter. That must first be established. That is 
 clearly a judicial function." 
 
 The court is here speaking of the charter of the "Mil- 
 waukee and Waukesha Railroad Company," approved 
 February 11, 1847, under which the Chicago, Milwaukee & 
 St, Paul Railway Company claimed its franchises; and in 
 reference to that the court says (p. 588) : 
 
 "We hold the territorial charter of 1847, enlarged by the territorial act of 1848 to be the 
 existing charter of the road built under it from Milwaukee to Prairie du Chien." The 
 court further says (p. 592): "We feel bound to hold the territorial charter of 1847, enlarged 
 by the territorial act of 1848, to be a contract within the prohibition of the Federal con- 
 stitution, the obligation of which the State can pass no law to impair; and that the pro- 
 visions of chapter 273 of 1874 ('Potter' law), limiting the tolls of the railroads operated 
 by the Chicago, Milwaukee & St. Paul Company, if applied to the road from Milwaukee 
 to Prairie du Chien, built under that charter, would impair the obligation of the contract 
 of that charter, and that, therefore, those provisions of chapter 273 do not apply to that 
 road." 
 
 It is evident that if the charter of 1847, had reserved the 
 power to alter, amend or repeal it, an opposite decision of 
 the court would have been made. 
 
 It is therefore of some interest to present the fact, that 
 while this bill was pending, Mr. Lovell offered the follow- 
 ing amendment: 
 
 "Sec. — This act may be altered, amended or repealed at any time by the Legislatm-e of 
 Wisconsin." 
 
 Mr. H. IST. Wells said that the amendment was offered 
 from motives of hostility to the bill, which he attributed to 
 local jealousy of Milwaukee, felt by the members from Ra- 
 cine and Southport, That he was ready to support any bill 
 in favor of Racine or Southport. All he complained of was 
 the hostility which was manifested to any bill which pro- 
 posed Milwaukee as a point for a terminus. 
 
TERRITORY OF WISCONSIN IN 1847 537 
 
 Mr. LovELL disclaimed any feeling of hostility toward 
 Milwaukee, and then withdrew his amendment, when the 
 bill was passed without the reservation of these powers to 
 the Legislature. 
 
 When the bill came into the House, it met with serious 
 opposition and repeated delays; it was finally ordered to a 
 third reading by a vote of 14 to 11, Imt when the vote was 
 taken on its passage it was defeated by a vote of 12 to 14. 
 Its friends, however, obtained a re-consideration and it 
 finally passed by a vote of 13 to 12. 
 
 It is under this charter, procured under these difficulties, 
 and which so narrowly escaped the insertion of a clause re- 
 serving the right of repeal, that the first road was built 
 which constitutes a part of the immense system of railroads 
 operated by the Chicago, Milwaukee and Saint Paul Rail- 
 road Company. 
 A bill was subsequently introduced on the 3rd of February, 
 to incorporate the Fond du Lac and Beaver Dam Rail- 
 road Company, wdiich passed both houses without opposi- 
 tion and without division. 
 
 James F. Chapman, who by an act approved January 31st, 
 184G, was appointed commissioner to superintend the work 
 of cutting a canal from the main channel of the Mississippi 
 River to the Grant River at Potosi, made his report, which 
 was presented in the House of Representatives January 
 15, 1847. 
 
 The net proceeds of the sales of a section of land, includ- 
 ing the village of Potosi, had been appropiated for that pur- 
 pose, which, according to the report of the Receiver, 
 amounted to $2,725. 
 
 The commissioner reported that the first work performed 
 was the clearing and grubbing of the line of the canal, 
 w^hich was done under contract let to the lowest bidder, for 
 the sum of $688.20. That the estimate of the engineer of 
 the amount of excavation to dig the canal to the depth of 
 six feet below the average surface and fifty feet wide at a 
 slope of li feet to one foot perpendicular, was 31,027 cubic 
 yards, and to have made it one hundred feet wide, the ex- 
 cavation would be double that amount. To dig the canal 
 four feet deep and fifty feet wide at the same slope the ex- 
 cavation Avould be 17,315 yards. 
 
 The citizens of Potosi at a public meeting requested the 
 commissioner to limit the excavation to fifty feet in width 
 
538 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 and to make it as deep as the funds would admit of. In ac- 
 cordance with that request and in pursuance of his own 
 ■views he determined to adopt that width, which was ren- 
 dered necessary by the small amount of funds, which it was 
 not probable after paying contingent expenses, would ex- 
 ceed $1,500 or $1,600. He accordingly let a contract to the 
 lowest bidder for the excavation of 14,000 cubic yards at 
 twelve cents per yard, which he estimated would complete 
 the work to a depth of four feet below the average surface, 
 except the four sections of fifty-five yards each (horizontal) 
 nearest the Grant River. He reported that the contractor 
 had completed and been paid for about 11,000 yards, and 
 that the other 3,000 yards would be completed by the first of 
 April. 
 
 The Legislative Assembly adopted a joint resolution rat- 
 ifying and approving the acts and proceedings of the com- 
 missioner as detailed in his report, and authorizing him to 
 proceed in the expenditure of the funds which were or 
 might be applicable to the work upon the plan adopted by 
 him. 
 
 A memorial to Congress was also adopted asking for an 
 additional appropriation of lands to complete the v/ork, and 
 the town of Potosi was authorized to borrow $5,000 for the 
 same purpose. 
 
 An act was passed authorizing Eliphalet S. Miner and 
 Henry Clinton to improve the navigation of the Grand Rap- 
 ids in the Wisconsin River, by the erection of four dams at 
 different points specified in the act, with sufficient " slides " in 
 the same, and to collect toll for the passage of rafts of lum- 
 ber or timber, flat-boats, scows or any other water craft over 
 and through said dams and slides. 
 
 A memorial was passed asking Congress to make ap- 
 propriation for the improvement of the obstruction to the 
 navigation of the Mississippi River, known as the Des 
 Moines Rapids, near the southern boundary of Iowa, and 
 the Rock River Rapids, about one hundred and fifty miles 
 above. 
 
 A number of laws were passed authorizing the erection 
 and maintenance of dams across navigable rivers. 
 
 One by Lyman E. Boomer, John Richards and Daniel 
 W. Kellogg, across Rock River, on sections 8 and 9, in 
 town 8, of range 15 east. 
 
TERRITORY OF WISCONSIN IN 1847. 539 
 
 Another by William Jones, across Sugar River, on sec- 
 tion 15, town 2, range 9 east. 
 
 Four on the Milwaukee River; one by Michael Bkatt, on 
 section 34, town 12, range 21; one by Phineas M. Johnson, on 
 northeast quarter of section 24, town 10, range 21 east; one 
 on the southeast quarter of the same section by the rightful 
 owners of it, and one by Benjamin H. Mooers, on section 
 25, town 10, range 21 east. 
 
 Harvey Jones, Loyal H. Jones, Harrison Reed, 
 Charles Doty and Curtis Reed were authorized to erect a 
 dam on section 22, and specified parts of section 27, in 
 town 20, range 17 east. 
 
 Another by Samuel H. Farnsworth, with a boom, on 
 Wolf River, on or between sections 24 and 25, in town 27 
 north, range 15 east. 
 
 And Samuel B, Ormsbee, across Sheboygan River, on 
 section 28, town 15, range 23. 
 
 Chester Ford, Lucas M. Miller, Edward Eastm^vn 
 and five other citizens of the embryo city of Oshkosh, 
 were incorporated by the name of "The Fox River Bridge 
 Company," with an authorized capital of $3,000 and poweit 
 to construct a bridge across Fox River at Miller's Ferry, 
 and to take so much land on the southern bank of said 
 river as might be necessary to rest the said bridge on 
 and also to collect tolls for passing the same. 
 
 The trustees of the village of Racine were given power b^* 
 a special law to levy a special tax of $5,000, each year dur- 
 ing the two years of 1847 and 1848, for the purpose of con- 
 tinuing the construction of a harbor at that place. 
 
 A corporation was created consisting of fifteen of the 
 leading citizens of Green Bay and the valley of the Fox 
 and Wisconsin Rivers, with a capital of $100,000 and 
 authority to increase it to $200,000, called the "Mississippi 
 and Lake Erie Navigation Company." The object of the 
 company appears to ha^e been the — 
 
 • "Transport in{? freight and passengers to and from the Mississippi River and Buffalo by 
 " way of the Wisconsin Rivers and the lakes, and to and from the intermediate points on 
 " said rivers and lakes," — 
 
 Although this object or the power to affect it is nowhere 
 given in the act, except negatively in a proviso, designed to 
 prevent the exercise of banking powers or privileges. 
 
540 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 Legislation in relation to the creation of new counties, 
 the organization of those already created, and the establish- 
 ment or change of county seats, is always a matter of in- 
 terest to those affected by it. There was no lack of such 
 interest at this session. 
 
 In pursuance of an act passed at the last session, so much 
 of Milwaukee county, as lies west of range twenty-one, had, 
 by a large majority of the votes of those authorized to vote 
 on the question, been erected, established and organized 
 into a new county called Waukesha. 
 
 To meet the necessities of this change, an act was passed 
 providing for the removal of suits from the district court 
 of Milwaukee county to that of Waukesha county, with the 
 proper details. It also contained a ratification of the acts 
 of the register of deeds. 
 
 In relation to the Washington county seat, an act was 
 passed that for the term of five years it should be estab- 
 lished at the village of Washington, on section 28, town 11, 
 range 32 east. It was introduced by Mr. Hobart, went 
 through all the stages of legislation in the House, where it 
 passed without opposition or division. But in the Council it 
 was opposed by Mr. Phelps, of whose district the county 
 was a part, and finally passed by a vote of 6 to 4, three 
 members being absent. 
 
 The result of the vote in Iowa county, upon the law for a 
 division of the county, being a majority of 233 in favor of 
 the law, imposed upon the Legislative Assembly the duty 
 of providing for the full organization of both the counties. 
 An act was passed for this purpose. It declared what 
 towns should constitute the county of La Fayette, and that 
 from and after the 1st day of May next, said county should 
 be fully organized for all judicial and county purposes. It 
 also provided for the removal of suits and causes from Iowa 
 to La Fayette county, and for the transfer of records from 
 the office of the register of deeds. It provided that the 
 persons holding county offices should continue to hold the 
 same offices for the counties in which they respectively re- 
 sided, and that the vacancies thereby created in the other 
 county should be filled at a special election to be held on 
 the first Tuesday of April, whose terms were to commence 
 May 1st. 
 
 That the county commissioners should provide rooms for 
 holding courts at such place as they might deem most con- 
 
TERRITORY OF WISCONSIN IN 1847. 541 
 
 venient, which should be the court house of said county for 
 the time being. Courts were to be held on the first Monday 
 of September and the third Monday of April. 
 
 The debts and liabilities of the old county, as they ex- 
 isted on the 1st day of May, as well as the proceeds of the 
 property and effects, were to be divided in the proportions 
 of the population of each county, to be ascertained by a 
 special census, provided for in the law. 
 
 Iowa, La Fa3^ette and Richland counties were to continue 
 to constitute one election district, entitled to one member of 
 the Council and three members of the House. 
 
 Another act provided that on the first Tuesday of April 
 the voters of Iowa county should vote by ballot for some 
 place for the county seat of that county, and that such 
 place as should be designated by a majority of the votes so 
 given, should be and remain the county seat until other- 
 wise provided by the people of the county, and that the 
 county seat should be located at Mineral Point until other- 
 wise provided for. 
 
 Acts were passed for the organization of Winnebago 
 county, which had been attached to Fond du Lac county, 
 and of St. Croix county, which had been attached to Craw- 
 ford county. 
 
 The law of the previous session, creating Columbia county 
 from the southern part of Portage, contemplated that the 
 voters of the new county should select, by their votes, some 
 place for its county seat. The votes were divided between 
 Columbus, Wyocena, Dekorra and Winnol)ago Portage and 
 some scattering points; so that no place received a ma- 
 jority. 
 
 Numerous petitions were sent to the Legislature, at this 
 session, in relation to the matter. The result was the 
 passage of a law which purported to legalize the elections 
 held in the months of April and September 1846, in that 
 county and the acts of all ofiicers elected at such elections. 
 It located the county seat, temporarily, at Wyocena, on the 
 northeast i of section 21, town 12, range 10 east, and pro- 
 vided that an election for the site of the county seat should 
 be held at every general annual election, until some place 
 received a majority of the votes, and that in the meantime, 
 the county seat should remain at Wyocena. Provision was 
 also made for the transfer of suits and records, and for 
 
542 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 other details requisite for the organization of the county, 
 its courts and oflScers. 
 
 Many towns were divided and new towns organized. 
 The names given to the new towns were as follows: In 
 Brown county, Lawrence. In Rock county, Porter and 
 Avon. In Fond du Lac county, Alto, Auhurn, Forest, 
 Taychedah and Seven Mile Creek. In Dane county, 
 Christiana, Cottage Grove, Oregon, Montrose, Greenfield, 
 Rome, Springfield, Verona, Windsor, Clarkson and Cross 
 Plains. In Washington county, Korth Bend, Fredonia and 
 Clarence. In Jefferson county, Hebron and Waterloo. In 
 Winnebago county, Butte des Morts, Neenah, Winnebago, 
 Brighton and Rushford. In Racine county, Norway. The 
 name of Bark River, in Jefferson county, was changed to 
 Cold Spring. Lime, in Fond du Lac county, was changed 
 to Oakfield. Wright, in Washington county, was changed 
 to Hartford. Richmond, in Iowa county, to Linden; and 
 Prairieville, in Waukesha county, to Waukesha. 
 
 The villages of Southport and Fond du Lac were incor- 
 porated. The name of the incorporated village of Prairie- 
 ville was changed to Waukesha. The act of 1845 to 
 incorporate the village of Beloit was repealed. The city of 
 Milwaukee was authorized to borrow $15,000 for the pur- 
 chase of suitable sites for school-houses and for their con- 
 struction. And the city charter was amended by taking 
 from the common council the power of appointment of 
 treasurer, attorney, marshal, constables, assessors and street 
 inspectors and making those officers elective. 
 
 Commissioners were appointed to la}' out the following 
 territorial roads: 
 
 From Lake Mills, in Jefferson county, to Lowell, in Dodge 
 county. 
 
 From Indian Ford in town of Fulton, Rock county, to 
 Madison, Dane county. 
 
 From the northwest corner of Jefferson county, south 
 on or near the county line. 
 
 From the point where the territorial road crosses the 
 range line between range 17 and 18, via Oconomowoc and 
 the bridge across Rock river to a point in the road from 
 Watertown to Waupun. 
 
 From Watertown, in Jefferson county, via Palmyra, to 
 Delavan, in Walworth county. 
 
TERRITORY OF WISCONSIN IN 1847. 543 
 
 From Columbus, in Columbia county, to Sauk village, in 
 Sauk county. 
 
 From Lake Puckaway, via Wyocena, to Madison, in Dane 
 county. 
 
 From Waterford, in Racine county, via Hall & Pratt's 
 tavern, in town of Paris, to Southport, in Racine county. 
 
 From Janesville in Rock county, via Indian Ford, to Fort 
 Winnebago in Columbia county. 
 
 From " Tibbitts " in Walworth county on the territorial 
 road from Milwaukee to Janesville, via Indian Ford, to the 
 Territorial road from Milwaukee to Mineral Point. 
 
 From Dodgeville, via Hickox's Mill and William Rug- 
 GLEs', to the Territorial road from Madison to Helena. 
 
 From the outlet of Lake Winnebago to the foot of Grand 
 Kaukalin on the east side of the Fox River. 
 
 From the section line between sections twenty-one and 
 twenty-eight, town ten, range fifteen in Dodge county; 
 thence east on section lines as near as possible to the road 
 leading from Hustisford to Milwaukee. 
 
 From the house of Erastus G. Snell in Jefferson county 
 to Clinton in Dane county. 
 
 From Halls' saw-mill on Koshkonong Creek, Jefferson 
 county, to Clinton, Dane county. 
 
 From Janesville, via Stone's Bridge, Catfish Mills and 
 Dunkirk, to Madison, Dane county. 
 
 From Grafton, Washington county, to Fond du Lac. 
 
 From Grafton, via Cedarburg, to Prairieville. 
 
 From Sauk Washington, Washington county, via Salis- 
 bury's Mills, to Beaver Dam in Dodge county. 
 
 From Beaver Dam, Dodge county, to Dekorra, Columbia 
 county. 
 
 From Columbus in Columbia county to Green Lake in 
 Marquette county. 
 
 From Manitowoc to Winnebago Rapids in Winnebago 
 county. 
 
 From Neenah in Winnebago county to the Rapid De- 
 croche in Brown county. 
 
 From Hacey's Mills in Dodge county to Columbus in Co- 
 lumbia county. 
 
 A memorial to Congress was adopted, asking for a United 
 States road from Prairie du Chien to La'Point or some 
 other place on Lake Superior, in which it was stated that 
 
544 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 " Said road will probably run on a ridge of beautiful and fertile prairie, with numerous 
 tracts of valuable timber interspersed." 
 
 An act was passed incorporating twenty of the most 
 prominent business men of the city of Milwaukee into " a 
 body politic and corporate," by the name of the ''' Merchants' 
 Mutual Insurance Company." 
 
 A special act was passed by which the male members of 
 full age belonging to any Protestant Episcopal Church 
 were authorized to become an incorporated body, and elect 
 wardens and vestrymen, and take and hold, by purchase, 
 gift or devise, real estate or other property, and to sell and 
 dispose of or lease the same; but the annual income of the 
 real estate, excepting the site of the church, parsonage and 
 school house, should not exceed five thousand dollars. 
 
 By another portion of the same act, it was made lawful 
 for the male members of full age of any other church, con- 
 gregation or religious society to elect trustees, who and 
 their successors should be a body corporate and politic, with 
 all the powers, immunities and privileges conferred by the 
 same act upon Protestant Episcopal Churches. 
 
 Five trustees named in another act, and their associates, 
 were created a corporation by the name of "The First Bap- 
 tist Society in the Town of Prairie ville," with the usual 
 powers of such corporations, including that of taking, hold- 
 ing, selling or disposing of real and personal estate, the in- 
 come of which should not exceed one thousand dollars. 
 
 By another act, four persons named therein and their as- 
 sociates and successors were created a corporation by the 
 name of • the "Lutheran Evangelical Trinity Church and 
 Society of the Town of Mequon" (Washington county). 
 
 By another act, five persons named therein and their as- 
 sociates were created a corporation by the name of the 
 "United Lutheran and Reformed Church of Milwaukee." 
 Similar corporate powers were conferred upon these Luth- 
 eran churches, as upon the other churches which were 
 incorporated. 
 
 The late Bishop Kemper and six other persons named in 
 an act for that purpose, trustees and their associates, with 
 such persons as might thereafter be associated with them, 
 were 
 
 "Created a body politic and corporate with perpetual succession by the name of 
 'Nashotah House,' of the Nashotah Lakes, in the town of Summit, Waukesha County, for 
 the purpose of erecting, maintaining and conducting a college of learning and piety." 
 
TERRITORY OF WISCONSIN IN 1847. 545 
 
 All the usual and necessary corporate powers were con- 
 ferred by the act. 
 
 The first act of the session was one to incorporate "The 
 Board of Trustees of Lawrence Institute of Wisconsin;" the 
 object oi; which was declared to be 
 
 "Establishing, maintaining and conducting the institution of learning for the education 
 of youth generally." 
 
 Ail the ordinary and necessary corporate powers were 
 given, with the proviso that the annual income of their es- 
 tate should not exceed ten thousand dollars. 
 
 The act provided that the institute should — 
 
 "Be located on Fox River, between Little Kaukalau and the foot of Winnebago Lake, at 
 " such place as the trustees should select." 
 
 The board of trustees were given — 
 
 "Authority to appoint all officers, teachers and agents of the institution, except the 
 " President, who shall be elected by ballot by the annual conference of the Methodist Epis- 
 "copal Church in Wisconsin." 
 
 The bill for this act was introduced in the Council and 
 passed both houses without opposition or division, but an 
 attendant and auxiliar}^ measure, being a "Memorial to 
 Congress asking a grant of land to the Lawrence Institute," 
 introduced into the Council at the same time, although it 
 passed the Council without objection, met with opposition 
 in the House which finally proved fatal. It was ordered to 
 a third reading in the first instance without a division, but 
 such opposition to it was afterwards developed that it was 
 recommitted to the committee of the whole, and after being 
 amended by inserting a provision that any lands granted 
 should not be sold for a sum exceeding $1.25 per acre, it was 
 again ordered to a third reading by a close vote of 13 to 11. 
 But when the question came upon its passage, those 
 opposed to it succeeded in having it postponed from time to 
 time until the last day of the session, when it was laid on 
 the table without a division. 
 
 Separate acts were passed to incorporate — 
 
 " The Stockholders of the Green County Seminary," at 
 Monroe; 
 
 " The Watertown Seminary," at the village of Water- 
 town ; 
 
 " The Trustees of the Sheboj^gan Academy," at the village 
 of Sheboygan; 
 
 " The Trustees of the Beaver Dam Academy," at the vil- 
 lage of Beaver Dam; and 
 35 
 
546 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 " The Trustees of the Prairie du Sac Academy," at the 
 village of Prairie du Sac, in Sauk county. 
 
 Another act was passed to incorporate the ''Beloit 
 Mechanics' Library Association." 
 
 The question of the passage of what are called sumptuary 
 laws occupied the attention of this Legislature, and the re- 
 sult was the passage of a "local option" law, by which the 
 electors of the several municipalities were annually to vote 
 ^•for license" or "against license," and if a majority of the 
 votes cast in any municipality were "against license,"; then 
 no license could be granted therein for the year next 
 ensuing. 
 
 The report of Nathaniel F. Hyer, who was appointed at 
 the previous session of the Legislative Assembly to select 
 the unselected portion of the University lands, was pre- 
 sented. It appeared that of the seventy-two sections, 
 amounting to 46,080 acres, granted by Congress, there re- 
 mained 18,580 acres to be selected, all of which, amounting 
 to twenty-nine sections, were selected by Mr. Hyer, who 
 made a tabular statement in his report of the particular 
 sections selected by him. 
 
 Five acts were passed purporting to dissolve the marriage 
 contract between John Martin and his wife, Dorcas B. 
 Martin; between Jesse A. Clark and Jemima M. Clark; 
 between Phoeba Phillips of Dane county and Joab 
 Phillips; between Caleb Croswell and his wife, E. Jane 
 Croswell, of Walworth county, and between Samuel Hall 
 and his wife, Sarah Hall. 
 
 The name of Harriet Wells of Spring Prairie, Wal- 
 worth county, was changed to Harriet Arms; and William 
 Dick of Manchester, Calumet county, was to be thereafter 
 known and recognized by the name of William Hamlin 
 Dick. 
 
 Provision was made by law for the setting off and ad- 
 measurement of the dower of widows in the estates of their 
 deceased husbands, under the jurisdiction of the probate 
 courts, with appeal to the district courts. 
 
 In a convention of both houses, held on the 9th of Febru- 
 ary, an election was held by joint ballot for Territorial 
 printer and for Superintendent of Territorial Property. 
 
TERRITORY OF WISCONSIN IN 1847. 547 
 
 For printer, Horace A. Tenney received 20 votes, W. W. 
 Wyman, 8, and Beriah Brown, 4. Mr. Tenxey was de- 
 clared elected. 
 
 For Superintendent of Territorial Property, J. Gillet 
 Knapp received 35 votes and John Nelson, 3, and Mr. 
 Knapp was declared elected. 
 
 The claim of Daniel Baxter was again presented and 
 referred to the committee on Territorial expenditures, which 
 reported that they found "that in April, 1843, a committee 
 appointed to settle with Mr. Baxter reported a balance of 
 ^1,372.14 due him, and that under a joint resolution of the 
 last Legislature he had received 8800." The committee 
 were of the opinion that the balance, with interest amount- 
 ing to 8732.24 was justly his due, and reported a bill by which 
 that sum was appropriated to him. 
 
 This bill, with the report of the committee, was referred 
 to a select committee of five. This committee reported that 
 the joint resolution of 1846 " goes to show a final settlement 
 of all claims between the said Baxter and the Territory," 
 and " that his accepting the provisions of that resolution 
 would preclude him from any further demand against the 
 Territory." 
 
 The report of the select committee was, on motion, 
 *' adopted as the opinion of the House," by a vote of 20 to 4, 
 and the bill was indefinitely postponed by a vote of 24 to 1. 
 
 The select committee appointed to inquire into the expedi- 
 ency of taking measures for building a penitentiar}^, made 
 a report near the close of the session, which gives in detail 
 many reasons why — 
 
 " They deem it ei-sential to the interests of the State that ample provision should be 
 made for the establishment of a secure and adequate Slate's prison at an early day." 
 
 The report, however, only invited — 
 
 "The attention of the Legislature and the people to the matter, in order that due prep- 
 aration may be made at the next ensuing session, to adoot suitable measures for carry- 
 ing the project into immediate effect." 
 
 A facetious report was made by the chairman of the com- 
 mittee on agriculture of the House, upon a petition referred 
 to that committee, for the passage of a law to prohibit 
 quackery in the science and practice of medicine, from 
 which the following extract is made : 
 
 "Of late years the regular practice of medicine, consisting of the general features of 
 bleeding, purging, vomiting, and injections, cataplasms, blisters, poultices and leeching — 
 
548 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 handed down to us by our grandsires and respected grandmothers; rendered illustrious by 
 the names of Hypocrates and Galen, and, in modern days, of Sangrado and Glyster, 
 venerable from long usage — has been invaded by a tribe of interlopers, who, without 
 license and without lancets, under the various names of homoeopathists, hydropathists, an- 
 imal magnetizers, phreno-magnetizers, iu"ine doctors, and poudrette doctors, undertake to 
 cure our diseases without any regular system, purging us chiefly of our substance, and 
 bleeding our pockets more than our veins. 
 
 " The committee would represent that in their opinion, the enactment of a law subject- 
 in g such offenders to be operated on by their own systems, and to swallow their own 
 medicines, would materially, if not effectually, remedy the evil." 
 
 This report drew out a minority report, the author of 
 which, while regarding quackery as an evil of great and in- 
 creasing magnitude, expressed the opinion that any law 
 aimed at its suppression should include all species of 
 quackery, — the quack doctor, the quack lawyer, the quack 
 politician, the quack mechanic, the quack dentist and the 
 quack linguist. 
 
 No further action upon the petition seemed to be thought 
 necessary. 
 
 In pursuance of an act of Congress passed July 11, 1816, 
 and of the proclamation of the President the 20th of Novem- 
 ber, 1846, all the lands in the Wisconsin land district which 
 had been theretofore reserved from sale as containing valu- 
 able lead mines, were offered at public sale at the land 
 office at Mineral Point, on the 24th day of May, 1847. 
 
 The proclamation stated that — 
 
 "All of such lands as contain a mine or mines of lead ore actually discovered and 
 being worked, will be sold in such legal subdivisions as will include such mine or mines, 
 at not less than two dollars and fifty cents per acre." 
 
 The act of Congress authorizing the sale of these lands 
 required the President, in giving notice of the time and 
 place of sale, to give with it — 
 
 "A brief description of the mineral regions, showing the number and localities of the 
 different mines now known, the probability of discovering others, etc." 
 
 In pursuance of this requirement the following "descrip- 
 tion" was appended to and formed part of the proclama- 
 tion — 
 
 "The lands embraced by the above prcclamation of the President of the United States, 
 contain many of the most valuable lead mines actually opened and worked, which have yet 
 been discovered; and from indication on the surf ace and from experiments made in dig- 
 ging it is believed that many others equally valuable exist, and may be explored at a trifhng 
 expense. 
 
 From the great number of these mines it would be impracticable to give an adequate 
 idea of their character and location, without extending this notice beyond proper bounds. 
 It is sufficient to state that they are situated in the section of country bounded on the 
 
TERRITORY OF WISCONSIN IN 1847. 549 
 
 south by the Illinois State line, on the west by the Mississippi River, on the north by a line 
 drawn nearly parallel to the south side of the Wisconsin River, at the average distance of 
 ten or twelve miles therefrom, and on the east by a meridian line passing through the 
 source of Sugar Creek, the whole district covering a surface equal to about sixty full 
 townships. All necessary facilities for transporting the products to a market are afforded 
 by the Mississippi and Wisconsin Rivers, and their tributaries, the Blue, Grant, Platte, 
 Pekatonica and other rivers with which the district is intersected. 
 
 The above district was explored by Dr. Owen, the geologist of the State of Indiana, under 
 instructions from the Treasury Department, and in compliance with a resolution of the 
 House of Representatives, passed the 6th of February, 1839. The able report of this gen- 
 tleman, published in 1811, with the charts and illustrations (Senate Document, 407, 1st ses- 
 sion, 28th Congress), contains precise information as to the location of each mine and shows 
 that in 1S39 the lead mines in Illinois, Iowa and Wisconsin, though only partially worked, 
 produced upwards of thirty millions poimds of lead, of which those in Wisconsin, it 
 appears, yielded the largest proportion; and farther, that the whole district, if properly 
 mined, would j-ield on^ hundred and fifty millions pounds per annum. 
 
 Particular lists of sections and parts of sections to be offered at said sale, have beeu 
 furnished to the register and receiver at Mineral Point, together with maps en which the 
 location of each tract is designated, all of which will be subject to the examination of 
 those wishing to purchase." 
 
 Many of the mining "claims " had been lield by the min- 
 ers nearly twenty years, and in numerous instances were in 
 small tracts, often not exceeding ten acres, and frequently 
 less, and in many cases bounded by irregular lines, and 
 without regard to their conformity with the lines of the 
 legal subdivisions of the sections. So that the purchaser of 
 the smallest legal subdivision (40 acres) would almost invar- 
 iably purchase the " claim " of some one else. 
 
 In this condition of things the claimants of lots in each of 
 the different mining communities, organized themselves 
 into mining claim associations, with a president, secretary, 
 treasurer, surveyor and board of arbitrators. All claims 
 within the jurisdiction of the association were required to 
 be filed with the secretary and to be surveyed by the sur- 
 veyor, wlien necessary for their proper and definite desig- 
 nation. In the case of conflict of claims the dispute was 
 settled by the board of arbitrators, from whose determina- 
 tion there was no appeal. 
 
 Whenever there was more than one " claim " upon any 
 legal subdivision, the different claimants paid to the treas- 
 urer such proportion of $100 (the cost of forty acres at $3.50 
 per acre) as the number of acres in his claim bore to forty 
 acres, and some person was then selected to buy the entire 
 legal subdivision at the sale and to hold it in trust for the 
 different claimants, to whom he made deeds conforming to 
 the claims awarded to them respectively. 
 
560 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 At the time appointed for the sale, an army of claimants 
 of mineral lots were in attendance, but the utmost order 
 prevailed and no disposition was manifested by any one to 
 bid against the person selected by the claimants to purchase 
 the land for their use and his bid of the minimum price of 
 $2.50 per acre was in every case accepted, although many of 
 the lands were well known to be worth forty times that 
 sum. Such was the disposition to respect the well earned 
 rights of miners to their mineral lots, that the most greedy 
 speculator was unwilling to incur the detestation with 
 which he would have been visited by the whole community, 
 if he had attempted to bid upon a tract containing any 
 miner's lot, in opposition to the appointed bidder. 
 
 The effect of the sale of these " mineral lands," was that 
 every man in the '•'mineral regions" obtained a secure title 
 to his mineral lot. There was no more " jumping" of claims 
 and no further conflicts in relation to them, and every one 
 was greatly benefited by this condition of affairs except the 
 lawyers, of whom it had become a proverb that whenever a 
 new lead was struck half of it belonged to the lawyers, as 
 there was generally more or less dispute among conflicting 
 claimants. But now, since the land sales had quieted titles, 
 their occupation was gone. 
 
 The most important event of the year 1847, and the one 
 that excited the greatest interest among the people and 
 engendered the greatest amount of contention, attended 
 by no small degree of acrimonious feeling, was the sub- 
 mission to a vote, on the first Tuesday of April, of the con- 
 stitution adopted on the 16th of December, 1846, for ratifi- 
 cation or rejection, by all persons who should then have the 
 qualifications of electors to the convention which framed 
 the constitution. 
 
 Opposition to the adoption of the constitution by the 
 electors was exhibited before its adoption by the convention. 
 The resignation of one of its leading and ablest members 
 more than a week before the adjournment of the conven- 
 tion, and the reasons for it, was generally and properly re- 
 garded as a declaration of war upon the ratification of the 
 instrument, in the framing of which he had so largely par- 
 ticipated. 
 
 The article " on Banks and Banking" was acknowledged 
 by the committee which reported the original article on that 
 
TERRITORY OF WISCONSIN IN 1847. 551 
 
 subject, and especially by its eminent chairman, the late 
 Chief Justice Ryan, to be a new departure in constitutional 
 law, and that it was so, was urged as an argument in its 
 favor. 
 
 At this time (1846-7) the country was overrun with a de- 
 preciated currency, and the channels of circulation were 
 flooded with " wild-cat" bank notes, and the article on banks 
 and banking was intended as a remedy for the evil and a 
 security against its recurrence. It was given at length in 
 the last chapter. 
 
 It strictly prohibited banking of every description, whether 
 of issues, deposits, discounts or exchange hij corporations. 
 And although the Legislature could confer no bank- 
 ing power or privilege whatever, upon any person or per- 
 sons, and although it was declared not to be lawful for 
 any person or persons to issue any evidence of debt what- 
 ever, intended to circulate as money; yet all the other 
 branches of banking — discounts, deposits and exchange — 
 were left entirely free and open to private enterprise. 
 
 it was this prohibition of the power to issue, in other words 
 to manufacture currency, that excited the opposition to the 
 constitution of a certain class, especially in Milwaukee, that 
 could not tolerate a constitutional law which would deprive 
 them of the power of making paper money by which they 
 alone would reap all the benefit, while the mass of the 
 people would be subjected to all the hazard of loss in the 
 event of the inability or unwillingness of those who issued 
 it to redeem it. 
 
 This class were earnest, determined, and to some extent 
 systematic and organized in their opposition. The great 
 mass of the Whig part}*, by the teachings of their party, 
 became the ready and willing supporters of the ideas upon 
 which this opposition was founded, and allies of those most 
 interested in their promulgation. This reason for opposing 
 the adoption of the constitution w£is readily supplemented 
 by other objections to it which were presented; the most 
 prominent of which were the elective judiciary, the rights 
 of married women, exemptions, too numerous a Legislature 
 an<] that it legislated too much. 
 
 A number of able and influential leading Democrats were 
 found ready and willing to aid these opponents of the con- 
 stitution, so many that a sufficient number of the rank and 
 file, following their lead, united with the nearly solid body of 
 
552 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 the Whig voters, were able to effect its rejection by a large 
 majority. 
 
 Prominent among these leading Democrats were Messrs. 
 Strong, Lovell, Wells and Holmes — members of the 
 Council — and others whose personal iniluence was not 
 augmented by official position. Historical justice, also, re- 
 quires the statement that among the leading opponents in 
 the Whig party, the late Chief Justice Whiton, Messrs. 
 John H. Tweedy, Jonathan E. Arnold, Wm. S. Hamilton 
 and Alexander L. Collins were the most prominent, active 
 and influential, while their successful efforts were seconded 
 by many others, who were either less prominent or whose 
 names are not now remembered. 
 
 It would swell these pages beyond all justification to re- 
 produce the arguments and reasons presented for and 
 against the adoption of the constitution. It is, however, 
 worthy of remark that the Democrats who opposed it, made 
 their attacks chiefly upon the article upon the rights of 
 married women and exemption, passing lightly over the 
 bank article, while with the Whig leaders the chief point of 
 attack was the restrictions upon banking and bank circu- 
 lation. 
 
 Mr. Strong, in his very able speech in the Council, dealt 
 heavy blows at other parts of the constitution, but in speak- 
 ing of the Gth section of the bank article, said: 
 
 "I voted for that section because I thought it abstractly right then aud think so still, all 
 the while, however, doubting the expediency of placing it in the constitution." 
 
 He said nothing against the prohibitions of banking. 
 
 On the other hand, Mr. Collins, the recognized Whig 
 leader in the Council, in commenting upon the speech of 
 Mr. Strong, said: 
 
 "I must differ with him in his commsuts upon that article of the constitution, providing 
 for the exemption of forty acres of land, and in some cases its equivalent. He opposes the 
 article and so do I. He opposes the principles of the article, but I do not. The article is 
 defective in form and effect, and not only that, it is not wide enough, broad enough or long 
 enough. Every man should be protected in his homestead, be the same more or less. 
 
 The article in the constitution "on the rights of married 
 women and on exemption from forced sale," which was the 
 subject of the vigorous attacks of the opponents of the con- 
 stitution was the 11th, and was in the words given in the 
 last chapter. 
 
 The objection to the numerousness of the Legislature was 
 founded upon the provision that the number of the House 
 
TERRITORY OF WISCONSIN IN 1847. 553 
 
 of Representatives should never be less than 60 nor greater 
 than 120, and that of the Senate not greater than one third 
 nor less than one fourth of the number of the members of 
 the House, while the number fixed until there was a new 
 apportionment, was 79 members of the House and 21 mem- 
 bers of the Senate. 
 
 As showing the character of the objections to the consti- 
 tution, but one other will be mentioned, which is that the 
 bill of riglits contained this provision — 
 
 "No person shall be rendered incompetent to give evidence in any court of law or equity 
 in consequence of his opinioiis on the subject of relij^ion." 
 
 One objection which was strenuously and with some effect 
 urged, is not especially alluded to, nor the arguments in sup- 
 port of it, viz.: an elective judiciary, for the reason that it 
 was adopted as a part of the second constitution, and 
 almost universally acquiesced in. 
 
 The objections to the constitution which were so earnestly 
 and successfully urged in numerous public speeches by its 
 able opponents, and by a vigorous and sometimes unscru- 
 pulous press, were met and answered by a large array of 
 able advocates, with powerful and well presented argu- 
 ments. 
 
 Among the leading advocates of the adoption of the con- 
 stitution, whose names are now recalled, were Georgk B. 
 Smith, David Noggle, A. Hyatt Smith, Charles M. Baker, 
 Hiram Barber, Saml. W. Beall, James Duane Doty, John 
 Y. Smith, Wm. H. Clark, Warren Chase, Lorenzo 
 Bevans, William R. Smith, Ninian E. Whitesides, and 
 towering above all others in the magnetism of his zeal and 
 the power of his eloquence, Edward G. Ryan. 
 
 It was not denied that the articles (10) "on Banks and 
 Ban'cing," and (14) "on the rights of married women and on 
 exemptions from forced sale," were experimental. But it 
 was claimed that they were experiments in the direction of 
 progress, designed and well calculated by all the security 
 which constitutional law could afford, to protect the masses 
 of the people against the grinding avarice of the few, who 
 are ever ready to avail themselves of the advantages to be 
 derived from fluctuating legislation. 
 
 It was argued by them that while it was true beyond suc- 
 cessful contradiction that a large majority of the people 
 were opposed to all banks of issue, and to conferring the 
 
554 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 power of making paper money upon any persons or corpo- 
 rations; they ought, while they could, to render themselves 
 secure by a constitutional provision, against the danger that 
 this power might, in the future by undue influence, 
 which those who desired the privilege of exercising it, 
 understood so well how to use; be conferred upon soulless 
 corporations, who by its exercise would flood the country 
 with worthless and irredeemable bank notes. 
 
 In support of the sixth section, which was designed grad- 
 ually to prevent the circulation of small bank bills and to 
 substitute for them a currency of coin; the experience of 
 the inhabitants of the lead-mine region for the three or four 
 years preceding, where gold and silver coin had formed the 
 exclusively currency in circulation among the people, was 
 referred to as an unanswerable argument in support of this 
 section. 
 
 It was argued that any commodity, for which there was 
 a demand — wheat for instance, which was then the princi- 
 pal commodity in the eastern part of the State — would com- 
 mand the best kind of currency in existence^ if the sellers 
 chose to demand it, and that the adoption of the sixth sec- 
 tion would be the means of inducing the farmers to demand 
 coin in exchange for their wheat, and that a result would 
 be witnessed corresponding with that in the lead mines, by 
 which the buyers of lead had for several years been com- 
 pelled to comply with the demand for coin which had been 
 so imperatively made by the miners. But so long as wheat 
 growers were content to accept an inferior currency, they 
 would not be able to obtain a currency of coin. 
 
 It was denied that there was any force in the objection 
 that the number of members in the Legislature was too 
 large. That the objection involved a mere difference of 
 opinion and the subject admitted of as many different 
 opinions as there were different numbers between a very 
 high and a very low number. That the convention had 
 adopted a medium number. That the first Legislature 
 would consist of only seventy-nine members of the House 
 and twenty-one in the Senate, and could never be increased 
 except by the Legislature itself. 
 
 The objection to that section of the tenth article which 
 secured to a married woman as her " separate property," 
 whatever was " owned by her at the time of her marriage," 
 as well as " that acquired by her after marriage, by gift. 
 
TERRITORY OF WISCONSIN IN 1847. 555 
 
 devise, descent or otherwise than from her husband/' was. 
 claimed to have been met by the reading of the article it- 
 self. It was said that tlie objections to the section were 
 founded on a perversion of its meaning. That it in truth 
 conferred upon a woman no rights, so far as related to real 
 property, which were not already recognized by existing 
 laws — indeed by the common law of England — and that 
 there was no good reason why her rights to personal prop- 
 erty, derived in a similar manner, should not have the same 
 recognition. 
 
 It was further answered that the section contained only a 
 general declaration which would be entirely without prac- 
 tical effect, until legislation should intervene " for carrying 
 out the provisions of this section," and that it was to be 
 supposed that when the Legislature should "define the 
 rights of the wife," it would not leave the rights of the hus- 
 band undefined. 
 
 The objection to that section of the fourteenth article, 
 which provided that " forty acres of land," or its equivalent, 
 as expressed in the section already quoted, should " not be 
 subject to forced sale on execution for any debt or debts 
 growing out of or founded upon contract express or implied, 
 made after the adoption of this constitution," was forcibly 
 met %vith the statement that it was addressed to the cupid- 
 it}^ of the heartless creditor, and that it ignored the humane 
 appeals of the honest debtor whose only crime was his mis- 
 fortune and his poverty, in which his unfortunate family 
 were sufferers in common with himself. 
 
 Besides answering the objections to the constitution made 
 by its opponents, its advocates pointed out what they re- 
 garded as its excellencies. 
 
 It was said by one : 
 
 " The executive powers conferred are extremely limited. The Governor has no power 
 of appointment whatever. Every officer is to be elected. And with the exception of the 
 limited veto power, when we say that the Governor may submit an annual messaj;e to the 
 Legislature and issue a proclamation for fast and thanksgiving, we have nearly com- 
 pleted the enumeration of his powers." 
 
 Some new provisions in the judiciary article were: 
 Tribunals of conciliation. 
 
 Taxes in civil suits applicable to the salaries of the judges. 
 Testimony in equity cases to be taken as in cases at law. 
 Any suitor might be his own attorr.ey. 
 
55G HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 Some new provisions in the legislative article were : 
 That the ayes and noes should be taken on the final pas- 
 sage of all bills; 
 A viva voce vote in all elections by the Legislature; 
 No private or local bill to embrace more than one subject; 
 Prohibiting extra compensation to officers and others; 
 Never authorize any lottery; 
 Provision for suits against the State, to be made by law. 
 
 The provisions of the constitution in relation to internal 
 improvements, taxation, and the public debt, were regarded 
 by its advocates as presenting strong reasons for its adop- 
 tion, and it was asked : 
 
 " With our State disencumbered of all banks, and all danger of their bUghting influ- 
 ence entirely I'emoved, with no possibility that her energies can be crippled with the in- 
 cubus of a State debt, the consiriiction of works of internal improvement left entirely free 
 to private enterprise, may we not soon hope to sees Wisconsin occupy an eminence that 
 may be justly envied by all her western sisters;'" 
 
 Many other reasons for the adoption of the constitution 
 were urged by its advocates. 
 
 The contest was the most able, the most energetic, and the 
 most exciting that ever occupied the attention of the people 
 and in many respects its like has not been seen in any sub- 
 sequent controversy in the State, and the feelings of per- 
 sonal antagonism between members of the dominant 
 Democratic party, who were arrayed against each other, 
 were such that their effects were not easily nor for a long- 
 time eradicated. 
 
 The advocates of the constitution predicted that if those 
 of its features which were most antagonized should be then 
 defeated, they would ultimately be adopted either in a new 
 constitution or by legislative enactment, and their anticipa- 
 tions have been completely verified in every particular ex- 
 cept the sixth section of the bank article, which provided tor 
 the suppression of the circulation of small bank notes. 
 
 The following is the official result of the vote by counties: 
 
 Counties. 
 
 For. 
 
 AG.AINST. 
 
 Brown . ••• • 
 
 235 
 
 120 
 
 Calumet no returns received 
 
 
 Orawford • ..-■■ 
 
 49 
 
 6G 
 
 592 
 
 150 
 
 
 3M 
 
 Dane 
 
 962 
 
TERRITORY OF WISCONSIN IN 184'; 
 
 557 
 
 Counties. 
 
 Dodge 
 
 Fond du Lac 
 Grant 
 
 Green 
 
 Iowa, La'Fayette and Richland. 
 
 Jefferson 
 
 LaTointe — no returns received 
 
 Manitowoc 
 
 Marquette 
 
 Milwaukee 
 
 Portage 
 Kacine . . 
 
 Kock. 
 
 Sauk 
 
 Sheboj-gan 
 
 St. Croix 
 
 Walworth 
 
 Washington 
 
 Waukesha 
 
 Winnebago 
 
 Totals 
 
 Majority against the constitution 
 
 FoH. Against. 
 
 803 
 C24 
 533 
 311 
 1,444 
 780 
 
 OS 
 1S4 
 
 1,678 
 1C4 
 
 1,.363 
 987 
 111 
 ICO 
 65 
 9S4 
 
 1,478 
 
 1,246 
 137 
 
 14,119 
 
 97,5 
 627 
 
 1,893 
 
 cor 
 
 1,417 
 1,233 
 
 45 
 
 189 
 1,900 
 
 209 
 2.474 
 1,977 
 
 1.57 
 
 374 
 
 61 
 
 2,027 
 
 353 
 1,823 
 
 203 
 20,2:51 
 fi,112' 
 
 The convention of the Democratic party to nominate a 
 candidate for delegate to Congress was held at Madison on 
 the 21st of July. It was very fully attended, there heing 
 78 delegates in attendance, representing every portion of 
 the Territory. 
 
 The candidates were Morgan L. Martin, Hiram Barber 
 and Moses M. Strong. The preferences of the delegates 
 were nearly equally divided between the three. There were 
 twelve ballots on the first day, upon the last of which the 
 votes were equally divided between the three candidates, 
 each having received twenty-six. The next day tiiere were 
 six ballots, on the last of which Mr. Strong was nominated, 
 having received 45 of the 78 votes, the accession to his vote 
 coming from those who had voted for Mr. Barber. 
 
 This nomination was immediately denounced as being the 
 work of the supporters of the defeated constitution, and it 
 became at once apparent that the effort would be made to 
 
558 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 carry the war over the defeated constitution into the elec- 
 tion of delegate in Congress. 
 
 A leading paper in Racine County which had opposed the 
 constitution, in its first issue after the nomination was 
 known, contained a highly sensational, and not very candid 
 article, from which the following extracts are taken: 
 
 "It is probably a fact that Mr. Strong has commended himself to the favorable 
 notice of many of the leaders of his party by his reckless and unscrupulous coxu'se as a 
 partisan. * * * It is well known that of all the advocates of the late 
 
 coHStitution there was no one so open-mouthed and violent in its support as he. This serv- 
 ice undoubtedly had great weight with the convention in his favor, for, as far as we have 
 been able to ascertain, that convention was composed exclusively of the friends of the 
 constitution; those who opposed the adoption of that instrument having been carefully 
 excluded from all participation in the deliberations of that body. And it is au undeniable 
 fact, that no opponent of the constitution received a single vote in that convention, al- 
 though in that section or branch of the Democratic party are to be found many possessing 
 superior talent and undoubted integrity. * * * They (the members of 
 
 the convention) asked themselves, who proclaimed himself the most violent and uncom- 
 promising in support of our constitution? This question would bo answered at once — 
 Moses M. Strong!" 
 
 One week after the Democratic convention — on the 28th 
 of July — the Territorial convention of the delegates of the 
 Whig party was held. It was almost as numerously at- 
 tended as the Democratic convention. After agreeing to 
 the report of the committee on credentials and permanent 
 organization, an informal ballot was had for a candidate for 
 delegate to Congress, which resulted as follows : 
 
 John H. Tweedy 3S 
 
 E. V. Whiton 10 
 
 A. L. Collins 10 
 
 M. M. Jackson 10 
 
 John H. Rountree 1 
 
 Mr. Jackson, who had been elected president of the con- 
 vention, withdrew his name as a candidate, when a formal 
 ballot was taken, which resulted in 63 votes for John H. 
 Tweedy and 7 for A. L. Collins, when the nomination was 
 made unanimous. 
 
 The Abolition party, in rather an informal manner, had 
 nominated Mr. Charles Durkee as their candidate for 
 delegate. 
 
 The election was on the 6th day of September, and the 
 following is an official statement of the votes, by counties, 
 as canvassed: 
 
TERRITORY OF WISCO>:SIN IN 1847. 
 
 559 
 
 Brown 
 
 Calumet .. 
 
 Columbia 
 
 Crawford 
 
 Dane 
 
 Dodge 
 
 Fond du Lac 
 
 Grant 
 
 Green 
 
 Iowa and Richland . 
 
 La'Fayette 
 
 La'Pointe 
 
 Jefferson 
 
 Manitowoc 
 
 Marquette.... 
 
 Milwaukee 
 
 Portage 
 
 Racine 
 
 Rock 
 
 Sauk 
 
 St. Croix 
 
 Sheboygan 
 
 Walworth 
 
 Washington 
 
 Waukesha 
 
 Winnebago 
 
 Totals 
 
 Counties. 
 
 o 
 
 'A 
 
 a 
 es 
 
 Eh 
 
 157 
 
 39 
 198 
 1.52 
 400 
 443 
 274 
 S97 
 354 
 5.57 
 (>17 
 
 57 
 503 
 
 67 
 190 
 797 
 li;3 
 743 
 G83 
 117 
 
 93 
 125 
 841 
 396 
 583 
 144 
 9,64S 
 
 a 
 H 
 
 151 
 
 I 
 
 300 
 59 
 470 
 418 
 3(i0 
 
 I.IO,' 
 398 
 478 
 574 
 4 
 578 
 64 
 154 
 799 
 116 
 971 
 
 1,060 
 
 134 
 
 51 
 
 294 
 
 1,008 
 198 
 659 
 197 
 
 10, 670 
 
 
 56 
 
 5 
 CO 
 
 175 
 
 89 
 
 6 
 159 
 
 8 
 
 198 
 
 27 
 
 973 
 
 10 
 
 40 
 
 Tweedt's plurality over Strong 1 , Oti 
 
 Tweedy's majority of the whole vote 9 
 
 On the 27th day of September, the Governor issued his 
 proclamation, appointing a special session of the Legislative 
 Assembly of the Territory, to be held at the Capitol in Mad- 
 ison on Monday, the eighteenth day of October, to take 
 such action in relation to the admission of the State into 
 the Union and adopt such other measures as in their wi.s- 
 dom the public good may require. 
 
5G0 HISTORY OF THE TERRITORY OF WISCONSIN, 
 
 The special session of the Legislative Assembly was com- 
 menced at Madison on the 18th of October in pursuance of 
 the Governor's proclamation. 
 
 There had been but two changes in the membership of 
 the Council since the preceding session. In Racine county, 
 Marshall M. Strong had resigned and Philo White had 
 been elected to fill the vacancy. In the district composed of 
 Iowa, La Fayette and Richland counties, Ninian E. White- 
 sides was elected in the place of William Singer, resigned. 
 
 The members of the House at the previous session had all 
 been elected for only one year, and elections were held in 
 September for members of a new House of Representatives. 
 Only two of the old members were re-elected, viz.: Timothy 
 Burns, of Iowa county, and John M. Stewart, of Green 
 county. 
 
 The following were the members of the House at this 
 special session — the second of the fifth Legislative Assembly: 
 
 Racine: G. F. Newell and Dudley Cass. 
 
 Wahvorth: Eleazer Wakely and George Walworth. 
 
 Milwaukee: Isaac P. Walker, James Holliday and Asa 
 Kinney. 
 
 lotva, La Fayette and Richland: Timothy Burns, M. M. 
 Cothren and Charles Pole. 
 
 Grant: Noah H. Virgin and Daniel R. Burt. 
 
 Dane, Green and Sauk: E. T. Gardner, Alexander Bot- 
 KiN and John W. Stewart. 
 
 Sheboygan and Washington: Benjamin H. Mooers. 
 
 Dodge and Jefferson: Levi P. Drake, Horace D. Patch 
 and James Hanrahan. 
 
 Rock: Daniel C. Babcock and George H. Williston. 
 
 Waukesha: George Reed and L. Martin. 
 
 Craivford: Henry Jackson. 
 
 Brown, Columbia, Fond du Lac, Manitowoc, Mat^quette, 
 Portage and Winnebago: Moses S. Gibson and Geo. W. 
 Featherstonhaugh. 
 
 Of these, besides Messrs. Burns and Stewart, none had 
 before been members of the Territorial Legislature, except 
 Messrs. Pole, Burt and Mooers. 
 
 The Council was organized by the election of H. N. Wells, 
 President, Thomas McHugh, Secretary, and Edward P. 
 Lockhart, Sergeant-at-Arms. 
 
 In the House Isaac P. Walker was elected Speaker, and 
 the other officers were the same as at the previous session. 
 
TERRITORY OF WISCONSIN IN 1847. 561 
 
 The Governor's messai^e was brief and was limited to a 
 recommendation of such, action by the Legislature in the 
 early organization of a State government, as would meet 
 the wants and wishes of their constituents. He expressed 
 himself in favor of the admission of the State into 
 the Union in time to be entitled to give its electoral 
 vote at the presidential election of 1848, and again presented 
 many of the advantages which would result from an early 
 formation of a State government. 
 
 The Legislative Assembly liaving determined to confine 
 its action to this one subject, and the incidental one of the 
 expenses of the session, referred the message to a joint com- 
 mittee, which on the fourth day of the session reported a 
 bill in relation to the formation of a State government, to 
 the Council. On Saturday, the sixth day of the session, the 
 bill passed the Council substantially as it came from the 
 committee, and was sent to the House. 
 
 On Tuesday, the 26th of October, the second day after the 
 bill passed the Council, the House concurred in it with sev- 
 eral amendments, some of which were agreed to, and others 
 which were disagreed to were referred to a committee of 
 conf(M-ence, where the disagreements were harmonized, and 
 on the same day both houses concurred in the passage of 
 the bill, and on the 2?th October it was signed by the pre- 
 siding officers of both houses, approved by the Governor, 
 and both houses adjourned sine die after a brief session of 
 ten days. 
 
 The new law provided for an election on the fifth Monday 
 (twenty-ninth day) of November of delegates to form a 
 constitution. The qualification of voters at the election 
 was a residence of six months in the Territory, preceding 
 the day of election, and in every other respect the same as 
 that of voters for delegates to the former convention. 
 Every person authorized to vote was declared eligible to be 
 elected a delegate. 
 
 It provided fo^ the election of sixty-nine delegates, who 
 were apportioned among the several counties, as follows: 
 Racine, eiglit;Milwaukee, seven; Walworth, Waukesha and 
 Rock, each six; Grant, five; Jefferson, four; La'Fayette, 
 three; Iowa and Richland, three; Dane, Dodge and Wash- 
 ington, each three; Green and Fond du Lac, each two; 
 Brown, Calumet and Columbia, each one; Sheboygan and 
 36 
 
562 HISTORY OF THE TEREITORY OF WISCONSIN. 
 
 Manitowoc, one; Winnebago and Marquette, one; Portage 
 and Sauk, one; Crawford and Chippewa, one, and St. Croix 
 and La'Pointe, one. 
 
 The delegates were to assemble on the third Wednesday 
 (fifteenth) of December, and have full power and authority 
 to form a republican constitution for the State of Wiscon- 
 sin. 
 
 Each delegate was to receive two dollars and fifty cents 
 per day for his service and ten cents per mile for travel, 
 going and returning; and the officers such compensation as 
 the convention should allow, all to be paid by the Terri- 
 torial treasurer. 
 
 The constitution adopted by the convention was to be 
 published in all the newspapers in the State, at a sum not 
 exceeding twenty dollars per paper. The convention was 
 required to submit it to a vote of the people for their ap- 
 proval (not rejection) and to provide how the votes cast on 
 that subject should be taken, canvassed and returned, and 
 to submit it to the Congress of the United States, and to 
 apply in such manner as they may deem proper for the ad- 
 mission of the State of Wisconsin into the Union. 
 
 The act further provided that a census should be taken 
 between the 1st and 15th day of December, of all persons 
 residing in the territory on the 1st day of December. It 
 was to be taken by suitable persons appointed by the Gov- 
 ■ernor — one in each county. 
 
 It was further provided, that if the constitution should 
 not be adopted, the Governor should forthwith issue a proc- 
 lamation for an election of delegates to form another con- 
 stitution at such time as he might designate, the delegates 
 to meet on the fourth Monday after such election. 
 
 The annual session of the Legislature was by the same 
 act postponed from the first Monday of January to the first 
 Monday of February. 
 
 The election for delegates to the convention to form the 
 second constitution took place at the time prescribed by 
 law — November 29. The candidates in most of the counties 
 had been nominated by the political parties to which they 
 were respectively attached, and although party lines were 
 not in all cases strictly adhered to, much the larger number 
 represented in their political opinions the party majorities 
 in the counties which the}^ respectively represented. There 
 were about 25 Whigs and about 44 Democrats. 
 
TERRITORY OF WISCONSIN IN 1847. 
 
 563 
 
 As the convention assembled so near the close of the year, 
 and its session was continued until the 1st of February in 
 the next year, any further notice of its members or their 
 proceedings will be reserved for the next chapter. 
 
 The following table exhibits the population of the Terri- 
 tory on the 1st of December, 1847, as shown by the census: 
 
 Counties. 
 
 Population 
 
 Counties. 
 
 Population 
 
 Brown 
 
 2.914 
 
 1.00 ; 
 
 Marquette 
 
 2,261 
 
 Calumet 
 
 Milwaukee 
 
 22 791 
 
 Columbia 
 
 Portage 
 
 1 504 
 
 Chippewa — no ret urns 
 
 Rac'ne 
 
 19,539 
 235 
 
 Crawford 
 
 1,409 
 10, 935 
 14,906 
 
 7,409 
 11,720 
 
 6,487 
 
 7,728 
 11,464 
 
 9,335 
 307 
 
 1,285 
 
 RiclJanil 
 
 Rock 
 
 Dane 
 
 14 729 
 
 Dodge 
 
 Sauk 
 
 2.178 
 5 5S0 
 
 Fond du Lac 
 
 Shebovsrau 
 
 Grant 
 
 St Croix ... . 
 
 1 674 
 
 Green 
 
 Walworth 
 
 15,039 
 15 547 
 
 Iowa 
 
 Washington 
 
 Jeflferson 
 
 Waukesha 
 
 WinnebagO' 
 
 15,666 
 2 787 
 
 La Fayette 
 
 
 Total 
 
 
 La Pointe 
 
 210 £46 
 
 Manitowoc 
 
 
 
 
564 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 CHAPTER XXIX. 
 
 TERRITORY OF WISCONSIN — 1848. 
 
 The second convention to form a constitution for the State, 
 in pursuance of the act of the Territorial Legislature of Oc- 
 tober 27, 1847, met at Madison on the 15th day of December, 
 at noon. 
 
 A large majority of the members-elect were in attendance, 
 and were called to order by Stoddard Judd, and on motion 
 of F. S. LovELL, Hon. Charles Dunn of La'Fayette county, 
 was appointed president pro tern., and on like motion 
 Thomas McHugh was appointed secretary pro tern. Other 
 temporary officers were appointed, when a committee of 
 three was appointed to examine the credentials of members, 
 and report thereon at the next meeting of the convention. 
 
 On motion of Mr. Whiton, the rules of the last convention 
 were adopted, until others should be adopted. 
 
 The convention then adjourned until 10 o'clock the next 
 day. 
 
 On the second day of the session, the committee on cre- 
 dentials reported the names of sixty-three delegates as 
 elected, with regular credentials; that Ezra A. Mulford 
 was entitled to a seat as a member from Walworth county, 
 although by an error made by one of the clerks of election, 
 fifty votes were returned for Cyrus A. Mulford instead of 
 Ezra A. The result of this error was to give the certificate 
 to Timothy Mower, Jr., who, the committee reported, was 
 not elected. 
 
 Charles H. Larrabee, of Dodge county, Orsamus Cole, 
 of Grant county, and William McDonnell, of Green 
 county, were admitted to seats in the convention, on mo- 
 tion. 
 
 Two others of the sixty-nine delegates — William H. 
 Kennedy of Portage, and George W. Brownell of Saint 
 Croix — were absent at the organization of the convention. 
 They appeared on the following Monday, the 20th of Decem- 
 ber, and were, on motion, admitted to seats. 
 
 The following is a complete list of the members of the 
 convention, with their residences, etc. : 
 
TERRITORY OF WISCONSIN IN 1848. 
 
 565 
 
 NAMES OF THE MEMBERS OF THE SECOND CONVENTION, WITH 
 THEIR RESIDENCES, PLACE OF NATIVITY. AGES AND OCCU- 
 PATION. 
 
 Names. 
 
 Beall, Samuel W 
 
 Bishop, Charles 
 
 Biggs, James 
 
 Brownell, Geo. W 
 
 Carter, Aijierin M 
 
 Case, Squire S 
 
 Castleman, Alfred L 
 
 Cole, Albert G. 
 
 Cole, Orsamus 
 
 Collet, Joseph 
 
 Cotton, E. P 
 
 Crandall, Paul 
 
 Chase, Warren 
 
 Davenport, S. A 
 
 DoRAN, John L 
 
 Dunn, Charles 
 
 Estabrook, Experience . . 
 
 Fagan, James 
 
 Featherstonhaugh, G. W. 
 
 Fenton, Daniel G 
 
 Fitzgerald, Garret M. . . 
 
 FoLTZ, Jonas 
 
 Foot, Ezra A 
 
 Fowler, Albert 
 
 FOX.WlLUAM H 
 
 Gale, George 
 
 Gifford, Peter D 
 
 Harrington, James 
 
 Harvey, Louis P 
 
 hollenbeck, stephen b. 
 
 Jackson, Andrew B 
 
 Jones, Milo 
 
 JuDD, Stoddard 
 
 Kennedy, William H 
 
 KiLBOURN, Byron 
 
 Kdig, Rufus 
 
 KiNNK, Augustus C 
 
 Post Office. 
 
 County. 
 
 Taycheduh . . 
 Dodgeville .. 
 Farmer's Grove 
 Falls of St. Croix 
 
 Johnstown . 
 
 Waukesha 
 
 Delafield 
 
 Burlington 
 
 Potosi 
 
 Beloit 
 
 Oconomowoc. . 
 
 Lima 
 
 Ceresco 
 
 Brighton 
 
 Milwaukee 
 
 Belmont 
 
 Geneva 
 
 Grafton 
 
 Pequot 
 
 Prairie du Chieu 
 
 Milwaukee 
 
 Jefferson 
 
 Bachelors Grove 
 
 Wauwatosa 
 
 Fitchburg 
 
 Elk Horn 
 
 Waterville 
 
 Elk Horn 
 
 Clinton 
 
 Highland 
 
 Bristol 
 
 Fort Atkinson . 
 Waushara.. . . 
 Plover Portage 
 Milwaukee. ... 
 
 Milwaukee 
 
 Sugar Creek . . . 
 
 Fond du Lac 
 
 Iowa 
 
 Green 
 
 St. Croix... 
 
 Rock 
 
 Waukesha . . 
 
 Waukesha.. 
 
 Racine 
 
 Grant 
 
 Rock 
 
 Waukesha.. 
 
 Rock 
 
 Fond du Lac 
 
 Racine 
 
 Milwaukee . 
 
 La'Fayette.. 
 Walworth . . 
 Washington 
 
 Calumet 
 
 Crawford . . . 
 Milwaukee . 
 Jefferson . . . 
 
 Rock 
 
 Milwaukee . 
 
 Dane 
 
 Walworth . . 
 Waukesha.. 
 Walworth . . 
 
 Rock 
 
 Iowa 
 
 Racine ... . 
 Jefferson . . . 
 
 Dodge 
 
 Portage .... 
 Milwaukee. . 
 Milwaukee. . 
 Walworth .. 
 
 Nativity. 
 
 Maryland 
 
 New York 
 
 N.W. Terrify 
 Connecticut . . 
 
 New York 
 
 New York 
 
 Kentucky .. 
 New York.. 
 MadisonCoNY 
 N. Hampshire 
 New York . . . 
 Connecticut . 
 N. Hampshire 
 New York . . . 
 
 Ireland 
 
 Kentucky 
 
 N. Hampshire 
 
 Ireland 
 
 Albany, N. Y. 
 New Jersey . . . 
 
 Ireland 
 
 New York 
 
 Connecticut 
 Massachusetts 
 
 Ireland 
 
 Vermont 
 
 New York . . . 
 New York . . . 
 Connecticut . 
 
 Vermont 
 
 Connecticut . 
 Vermont. ... 
 Connecticut . 
 Pennsylvania 
 Connecticut . 
 New York . . . 
 New York . . . 
 
 48 
 28 
 48 
 37 
 33 
 46 
 39 
 28 
 27 
 6.') 
 35 
 45 
 35 
 40 
 32 
 
 47 
 
 34 
 
 35 
 
 33 
 
 37 
 
 38 
 
 39 
 
 38 
 
 45 
 
 34 
 
 31 
 
 34 
 
 37 
 
 27 
 
 47 
 
 33 
 
 39 
 
 50 
 
 28 
 
 46 
 
 31 
 
 37 
 
 Occupa- 
 tion. 
 
 Lawyer. 
 
 Lawyer. 
 
 Farmer. 
 
 Geologist. 
 
 Farmer. 
 
 Farmer. 
 
 Physician. 
 
 Lawyer. 
 
 Lawyer. 
 
 Farmer. 
 
 Miller. 
 
 Farmer. 
 
 Farmer. 
 
 Farmer. 
 
 Lawyer. 
 
 Lawyer. 
 
 Lawyer. 
 
 Farmer. 
 
 Miller. 
 
 Lawyer. 
 
 Farmer. 
 
 Farmer. 
 
 Farmer. 
 
 Farmer. 
 
 Pliysician. 
 
 Lawyer. 
 
 Merchant. 
 
 Carpenter. 
 
 Merchant. 
 
 Farmer. 
 
 Farmer. 
 
 Farmer. 
 
 Physician. 
 
 Lumber- 
 man. 
 
 Civil Engi- 
 neer. 
 
 Editor. 
 
 Farmer. 
 
5GG 
 
 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 NAMES OF THE MEMBERS OF THE SECOND CONVENTION WITH 
 THEIR RESIDENCES, PLACE OF NATIVITY, AGE AND OCCU- 
 PATION — Continued. 
 
 Name. 
 
 Post Office. 
 
 County. 
 
 Nativity. 
 
 o 
 
 Occupa- 
 tion. 
 
 Lakin, George W 
 
 Platteville 
 
 Grant 
 
 Maine 
 
 30 
 
 Lawyer. 
 
 Larkin, Charles H 
 
 Milwaukee 
 
 Milwaukee.. 
 
 Connecticut . . 
 
 37 
 
 Farmer. 
 
 Larrabee, Charles H.. . 
 
 Horicon 
 
 Dodge 
 
 New York 
 
 28 
 
 Lawyer. 
 
 Latham, HoLLis 
 
 Elk Horn 
 
 Walworth . . 
 
 Vermont 
 
 .35 
 
 Farmer. 
 
 Lewis, Jambs T 
 
 Columbus 
 
 Columbia.. 
 
 New York 
 
 28 
 
 Lawyer. 
 
 Lovell, Frederick. S 
 
 Southport 
 
 Racine 
 
 Vermont 
 
 33 
 
 Lawyer. 
 
 Lyman, Samuel W . . 
 
 Hustis' Ford . . . 
 
 Dodge 
 
 Massachusetts 
 
 50 
 
 Farmer. 
 
 Martin, Morgan L 
 
 Green Bay 
 
 Brown 
 
 New York 
 
 42 
 
 Lawyer. 
 
 McClellan, Samuel R 
 
 Lakeville 
 
 Racine 
 
 Massachusetts 
 
 41 
 
 Physician. 
 
 McDowell, William 
 
 Monroe 
 
 Green 
 
 Virginia 
 
 42 
 
 Farmer. 
 
 Mulford !Ezra a 
 
 Walworth 
 
 Cottage Grove. 
 
 Walworth . 
 Dane 
 
 New York 
 
 New York 
 
 43 
 
 47 
 
 Physician. 
 
 Nichols, Charles M 
 
 Farmer. 
 
 O'Connor, John 
 
 ShuUsburg 
 
 La'Fayette.. 
 
 Pennsylvania. 
 
 33 
 
 Merchant. 
 
 Pentont, Patrick 
 
 Mequon 
 
 Washington 
 
 Ireland 
 
 35 
 
 Farmer. 
 
 Prentiss, Theodore 
 
 Watertown 
 
 Jefferson. .. 
 
 Vermont 
 
 28 
 
 Lawyer. 
 
 Ramsay, Alexander D — 
 
 Cassville 
 
 Grant 
 
 Kentucky 
 
 44 
 
 Farmer. 
 
 Reymert, James D 
 
 Norway 
 
 Racine 
 
 Norway 
 
 26 
 
 Editor. 
 
 
 Neenah 
 
 Winnebago. 
 
 Massachusetts 
 
 34 
 
 Farmer. 
 
 Richardson, William — 
 
 Jamestowi) 
 
 Grant 
 
 Ohio 
 
 40 
 
 Farmer. 
 
 Root, Eleazer 
 
 Waukesha 
 
 Platteville 
 
 Waukesha.. 
 Grant 
 
 New York — 
 Kentucky .... 
 
 45 
 42 
 
 Lawyer. 
 
 Rountree, John H 
 
 Farmer. 
 
 Sanders, H. T 
 
 Racine 
 
 Racine .. . 
 
 New York 
 
 27 
 
 Lawyer. 
 
 ScAGEL, George 
 
 New Berlin 
 
 Waukesha.. 
 
 Vermont 
 
 49 
 
 Farmer. 
 
 Schoeffler, Morritz 
 
 Milwaukee 
 
 Milwaukee. . 
 
 Bavaria 
 
 34 
 
 Printer. 
 
 Secor, Theodore 
 
 Mount Pleasant 
 
 Racine 
 
 New York 
 
 32 
 
 Farmer. 
 
 Steadman Silas 
 
 Sheboj'gan Falls 
 
 Sheboygan.. 
 
 Massachusetts 
 
 63 
 
 Farmer. 
 
 Turner, Harvey G 
 
 Grafton 
 
 Wasliington 
 
 New York 
 
 25 
 
 Lawyer. 
 
 Vanderpool, Abraham . . . 
 
 Waterloo 
 
 Jefferson . . . 
 
 New York 
 
 41 
 
 Farmer. 
 
 Ward, Joseph 
 
 Dodgeville 
 
 Iowa 
 
 New York 
 
 43 
 
 Merchant. 
 
 Wheeler, V/illiam A 
 
 Verona 
 
 Dane 
 
 Connecticut . . 
 
 33 
 
 Farmer. 
 
 Whiton, Edward V 
 
 JanesviUe 
 
 Rock 
 
 Massachusetts 
 
 42 
 
 Lawyer. 
 
 WoRDEN, Allen 
 
 Wiota 
 
 La'Fayette.. 
 
 New York 
 
 26 
 
 Merchant. 
 
 But six members of the second convention were members 
 of the first; these were Messrs. Beall, Chase, Fitzgerald, 
 JuDD, Lovell, and Prentiss. All the others v^ere new 
 members. 
 
TERRITORY OF WISCONSIN IN 1848. 567 
 
 The convention was permanently organized on the second 
 day of the session, the officers having been elected by ballot. 
 
 The number of votes was G6. For president, Morgan L. 
 Martin received 41, John H. Rountree 20, and there were 
 5 scattering votes. Mr. Martin was elected, and at once as- 
 sumed the duties of the office. 
 
 Thomas McIIucii was elected secretary, having received 
 44 votes to 22 for W. W. Brown. 
 
 The other officers were elected by a corresponding divis- 
 ion of the votes, which represented the relative strength of 
 the political parties among the delegates in attendance. 
 
 On the same day Mr. Fenton presented, by the particular 
 request, as he said, of Col. William S. Hamilton, and as an 
 act of courtesy to him, his petition contesting the seat of 
 John O'Connor, to whom a certificate of election had been 
 given as a delegate from La'Fayette county. 
 
 On motion of Mr. Whiton the petition was referred to a 
 committee of five, with power to appoint commissioners to 
 take depositions in Iowa and La'Fayette counties, and to re- 
 ceive such proof and allegations as thejjarties should judge 
 proper to offer. 
 
 The committee appointed by the President consisted of 
 Messrs. Whiton, Fenton, Rountree, Lovell, and Kil- 
 BOURN, by whom two commissioners were appointed to take 
 depositions, which were returned to the convention and 
 considered by the committee. 
 
 Subsequently, on the loth of January, Mr. Whiton sub- 
 mitted a report of the committee, to the effect that the com- 
 mittee were — 
 
 " Unanimously of the opinion that the contestant had not made out f-uch a case as 
 entitles him to the seat in the convention now occupied bj-Hon. John O'Connor, and a 
 majority of the committee are of the opinion tliat the Hon. John O'Connor is entitled to 
 the seat now occupied Iiy him." 
 
 The committee reported the following resolution: 
 
 "■'Resolved, That William S. Hamilton is nor entitled to the seat in tiii.s convention now- 
 occupied by the Hon. John O'Connor." 
 
 The resolution was made the special order for the seven- 
 teenth of January, when after an able and exhaustive argu- 
 ment by Col. Hamilton, in favor of his right to the seat, 
 and by Hon. Samuel Craavford, in favor of the right of the 
 sitting member, the resolution was adopted by a vote of 
 sixty-three to two. Messrs. Case and Lakin alone voting in 
 the negative. 
 
568 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 On motion of Mr. Sanders a committee of seven was 
 appointed by the President to report rules. The committee 
 consisted of Messrs. Sanders, Dunn, Prentiss, Bishop, 
 EsTABROOK, Lewis and King, and reported the same day a 
 series of rules, which with some amendments were adopted. 
 
 The resident clergymen of Madison were by resolution 
 invited to open the convention each morning with prayer. 
 
 Each member of the convention was furnished with 
 sixty-five weekly newspapers, printed in the Territory, dur- 
 ing the session. 
 
 Considerable difference of opinion was early developed 
 as to the best mode of bringing before the convention the 
 propositions upon which the members were to act, which 
 was disposed of by the adoption of a resolution 
 
 "That a committee of nine be appointed to prepare and submit a plan for the progress of 
 the convention, the number of committees to be appointed and such other suggestions as 
 they shall deem proper and expedient."' 
 
 The next day (Saturday, December 18th) the committee 
 made the following report: 
 
 "The committee to whom was referred the resolution to provide for the appointment of 
 standing committees, submit the following: 
 
 1st. A committee of fifteen on general provisions, comprising preamble, boundaries 
 and admission of the State, suffrage and elective franchise, internal improvements, tax- 
 ation, finance and public debt, militia, eminent domain and property of the State, bill of 
 rights and such other provisions as may be referred to them. 
 
 2d. A committee of seven on the executive, legislative and administrative provi- 
 sions. 
 
 3d. A committee of five on the judiciary. 
 
 4th.- A committee of nine on education and school funds. 
 
 5th. A committee of five on banks, banking, and incorporations. 
 
 6th. A committee of seven on the schedule and other miscellaneous provisions." 
 
 The report of the committee was adopted. 
 
 At the next session the President announced the appoint- 
 ment of the following standing committees: 
 
 1st. Messrs. Kilbourn, Rountree, Sanders, Mulford, 
 Reed, Larrabee, Fox, Beall, Carter, Jones, Schoeffler, 
 McDowell, Scagel, Reymert and Brownell. 
 
 2d. Messrs. Lovell, King, Fenton, Latham, Judd, O. 
 Cole and Turner. 
 
 3d. Messrs. Dunn, Whiton, A. G. Cole, Gale and Mc- 
 Clellan. 
 
 4th. Messrs. Estabrook, Root, Jackson, Worden, Har- 
 vey, Vanderpool, Fitzgerald, Steadman and Fagan. 
 
TERRITORY OF WISCONSIN IN 1S48. 569 
 
 5tli. Messrs. Chase, Lakin, Bishop, Castleman and 
 Wheeler. 
 
 6th. Messrs. Prentiss, Lewis, Colley, Doran, Feather- 
 stonhaugh. Ward and Cotton. 
 
 Subsequently two other committees were appointed by 
 resolution, viz.: 
 
 On Incidental Expenses — Messrs. Fowler, Case, Secor, 
 Nichols and Hollenbeck. 
 
 On Engrossment — Messrs. Richardson, Kimne, Larkin, 
 Foote and Pentony. 
 
 The questions as to how to provide for, and in what man- 
 ner, and what amount to pay tor the printing, elicited much 
 discussion. Some members advocated the employment of 
 specified persons, others the election of a printer, and still 
 others the letting of the printing to the lowest bidders, 
 while various modifications of these three principal modes 
 were suggested. 
 
 The result was the adoption of a resolution that the Sec- 
 retary should receive sealed proposals for the incidental 
 printing of the convention, and report the same to the 
 convention. 
 
 A motion to amend the resolution by striking out the 
 word "incidental," so that the resolution would apply to all 
 printing, of course including the journal, which was more 
 than all the rest, was lost. 
 
 Under this resolution proposals were made by W. W. 
 Wyman, by Beriaii Brown and by Welch and Bird, to do 
 the incidental printing at specified rates, which, althougli 
 somewhat variant, contemplated a reasonable compensa- 
 tion. But Messrs. Tenney, Smith and Holt, proprietors of 
 the Wisconsin Argus printing establishment, made a pro- 
 posal to do the incidental printing for one cent. 
 
 A resolution was then adopted that Messrs. Tenney, 
 Smith and Holt 
 
 "ITavinp: offered the lowest bid for the same.be and are hereby arTx^intf^d to do tlie 
 inci.leiitiil iirinting of this convention; Frovided, they shall tile security lor the perforui- 
 ance of the same to the satisfaction of the President." 
 
 This ended the controversy for the time, and Messrs. 
 Tenney, Smith and Holt having filed the security, per- 
 formed the work in a satisfactory manner. But the end 
 was not yet. Ten days later Mr. Fenton introduced a 
 resolution: 
 
570 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 "That the printers of the convention be directed to print five hundred copies of the 
 daily slips, in Journal form, with a sketch of the debates daily, and to prepare an index 
 therefor, and to have the journal of the convention printed, stiehed and bound and ready, 
 so that each member can have a complete copy furnished him at the time of the adjourn- 
 ment, or as soon thereafter as circumstances will permit." 
 
 The resolution was considered the next day, when a mo- 
 tion by Mr. Gale to fix a specified and reasonable price for 
 the work was defeated by a vote of 17 to 47. 
 
 A motion was made by Mr. Beal, modified by the sug- 
 gestion of Mr. Harvey, that proposals be received by a 
 committee and reported to the convention, for printing as 
 indicated in the resolution, as also for printing the journal 
 alone. This motion was lost by a tie vote of 33 to 33; when 
 the resolution of Mr. Fenton was adopted by a vote of 34 
 to 31, with a general belief that the profits in printing the 
 journal and debates would compensate the printers for the 
 losses in doing the incidental printing. 
 
 The first article reported for the consideration of the con- 
 vention, was that relative to the " Executive," which in the 
 subsequent order of arrangement become Article V. 
 
 The discussion of the article elicited quite a number of 
 propositions for amendment. 
 
 The first one was offered by Mr. Whiton, to change the 
 term of office of the Governor from two years tc one year. 
 This was defeated in committee of the whole by a vote of 
 27 to 39, and afterward in the convention by a vote of 29 
 to 34. 
 
 The fifth section, as reported by the committee, provided 
 that — 
 
 " The Governor shall reside at the seat of government during his continuance in office, 
 and receive as a compensation for his services, annually, the sum of one thousand five 
 hundred dollars." 
 
 The words in italics, requiring a residence at the seat of 
 government, had been stricken out, when, on motion of Mr. 
 Beall, the section was further amended by reducing the 
 salary from fifteen hundred to twelve hundred and fifty dol- 
 lars. 
 
 The two questions pertaining to this article which princi- 
 pally occupied the attention of the convention, were the 
 GovP'-'Tor's veto and creating the office of Lieutenant Gov- 
 ernor. 
 
 In reference to the veto power, it was proposed to substi- 
 tute a majority of the members elected to each house, for 
 
TERRITORY OF WISCONSIN IN 1848. 57X 
 
 two thirds of the members present, as the requisite number 
 to pass a bill notwithstanding the objections of the Gov- 
 ernor. 
 
 The action of the convention upon this question was very 
 fluctuating-. When the vote was first taken it was lost by 
 27 to 36, and the article was ordered to be engrossed without 
 the proposed change. Three days later, u])on a motion to 
 recommit the article, Mr. Wuiton moved that the commit- 
 tee be instructed to report the proposed amendment, and his 
 motion was adopted by a vote of 31 to 27. When the com- 
 mittee, on the next day, reported the article, with the 
 amendment proposed by Mr. Whiton, the convention re- 
 fused, by a vote of 30 to 35, to adopt it, and the article was 
 passed without the alteration proposed. 
 
 In reference to the office of Lieutenant Governor, it was 
 proposed to dispense with it entirely, and to provide that in 
 case of the death, etc., of the Governor, the duties of his of- 
 fice should devolve upon the President of the Senate. 
 
 The action of the convention upon this proposition was 
 also quite fluctuating. The principal advocates of the pro- 
 posed amendment were Messrs. Estabrook, Harvey, Kil- 
 BOURN, Larkix, and W^hiton. Those who spoke against it 
 were Messrs. A. G. Cole, Gale, Judd, and Lovell, while 
 Messrs. Beall and King were at first in favor of the amend- 
 ment and finally opposed it. 
 
 The remarks of Mr. Harvey, in the light of his premature 
 death in 18G2, are worthy of preservation. He 
 
 " Thought the contingency against which it \vas proposed to guard In general very- 
 remote. In the liistory of the Statt'S, very few cases had arisen where the office of Govei-nor 
 liad been vacated by deatli or disability." 
 
 He little thought then that within a few years his own 
 untimely death, while holding the office of Governor, woukl 
 furnish the first illustration of the utility of providing for 
 the contingency. 
 
 Mr. Beall said he 
 
 " Thouf:rht it was a small matter either way, whether such an oflBce was or was not created. 
 He thouglit it quite probable, however, that in case it was created there were plenty of 
 persons who would be willing to fill it." 
 
 In two years from that time, he demonstrated that one 
 person at least was willing to fill it, by accepting the office 
 to which he was himself elected. 
 
 In the early stage of the consideration of the article, the 
 several sections containing the words " Lieutenant Gmv- 
 
572 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 ernor " were amended by eliminating those words, without 
 division, and without much opposition or discussion. 
 
 But when it came to the question of the engrossment of 
 the article, it was evident that a large number, if not a 
 majority of the members, had concluded that the office 
 ought not to be dispensed with, and a motion was made by 
 Mr. A. G. Cole to recommit the article with instructions 
 to provide for it. This brought out considerable discussion, 
 and the motion at that time was lost by a vote of 30 to 32, 
 and the emasculated article was ordered to be engrossed 
 and read a third time without a division. 
 
 When the question came up on its passage, Mr. Lovell 
 renewed the motion to recommit with instructions, made 
 three days before by his colleague, Mr. Cole, and after 
 much discussion the motion was adopted. 
 
 On the next day, the article was reported back with 
 amendments which provided for the office of Lieutenant 
 Governor, when they were adopted upon a call for the ayes 
 and noes by a vote of 40 to 25, and the article in this respect 
 was restored to the condition in which it was originally 
 reported, and was then passed by the convention. 
 
 The article as finally passed was a re-adoption of the 
 same article in the first constitution, with only two material 
 amendments. One was that the salary of the Governor 
 was increased from one thousand to twelve hundred and 
 fifty dollars. The other was the omission of a section of 
 the first constitution, which provided that 
 
 " The Governor and Lieutenant Governor, or eitner of them, shall not, during the term 
 for which he or they are elected, hold any other office of trust, profit or emolument under 
 this State or the United States, or anj- other State of the Union, or any foreign state or 
 government." 
 
 While the article entitled "executive" was under consid- 
 eration, articles entitled "administrative," "declaration of 
 rights," "banks and banking," "boundaries," "suffrage," 
 ^'judiciary," and "militia" were reported to the convention, 
 followed closely with the various other articles which it was 
 proposed should constitute the constitution, so that the con- 
 vention was at no time without an abundance of work on 
 its hands. 
 
 The subjects which developed great diversity of opinion 
 or excited much discussion were comparatively few, and 
 were "boundaries," "judiciary," "legislative," "suffrage" — 
 alien and negro — "exemptions" and "banks and banking." 
 
TERRITORY OF WISCONSIN IN 1848. 573 
 
 Such parts of the constitution as related to other matters., 
 were agreed upon without much difficulty or discussion, 
 and were for the most part a re-adoption of the same or 
 similar provisions in the first constitution. 
 
 The article "on the organization and functio)is of the 
 judiciary," as reported by the committee, differed from a 
 similar article in the first constitution, chiefly in these pro- 
 visions: 
 
 The first constitution provided that 
 
 "For the term of five years from the first election of judges of the circuit courts, and 
 thereafter until the legislature shall otherwise provide, the judges of the several circuit 
 courts shall be judges of the supreme court." 
 
 While the second provided that 
 
 "Urttil the legislature shall otherwise provide the judges of the several circuit courts 
 shall be judges of the supreme court." 
 
 And it provided that the judges should continue in office 
 for such term as the legislature might determine by law, 
 and that the legislature should provide by law for the elec- 
 tion and classifying the circuit judges so that one should 
 go out every two years, and thereafter the judge elected to 
 fill the office should hold the same for ten years. The first 
 provided that the judges should hold their offices for the 
 term of five years. It also provided that the circuit judges 
 should interchange circuits, and hold courts in such manner 
 that no judge of either of said circuits should hold court in any 
 one circuit for more than one year in five successive years. 
 This provision for interchange of circuits was omitted from 
 the article of the new constitution as reported and adopted. 
 The judiciary article in the new constitution as reported 
 and as adopted, conferred upon the legislature express 
 power to provide by law for the organization of a separate 
 supreme court to consist of one chief justice and two 
 associate justices, while the first contained no such express 
 power. 
 
 Both of the constitutions contained a provision that — 
 
 " All votes for either of them (the judges) for any office, except that of judge of the 
 Supreme or Circuit court, given by the Legislature or the people, shall be void." 
 
 The object of that provision was to prevent the election of 
 judges to the office of Senator or Representative in Con- 
 gress, but it has practically proved entirely ineffective and 
 been regarded as in conflict with the provisions of the con- 
 stitution of the United States prescribing the qualifications 
 of members of Congress. 
 
574 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 The judiciary article, as reported by the committee, was 
 amended in the convention, by inserting the provision of 
 the first constitution, that the judges of the Circuit court 
 shall be judges of the Supreme court "for the term of five 
 years and thereafter," until the Legislature shall otherwise 
 provide. 
 
 The principal controversy in the convention in relation to 
 the judiciary article was upon the relative merits of the 
 "separate Supreme court system" and what was called the 
 "nisi prius system," in which the judges of the Circuit 
 courts constituted the Supreme court. This question was 
 very clearly and fairly presented by an amendment offered 
 by Mr. Lovell to strike out all the sections relating to the 
 nisi prius sj^stem, and inserting others establishing the 
 separate Supreme court system. The amendment was lost 
 by a vote of only 15 in its favor to 51 against it. 
 
 The question of the location of the northwestern boundary 
 of the State was one which developed some difference 
 of opinion. There were two causes for this difference, 
 one local, the other, while it concerned the whole State was 
 in some sense national. 
 
 The article on "Boundaries" reported by the committee to 
 the convention was as follows : 
 
 "Section 1 . It is hereby ordained and declared that the State of Wisconsin 'doth con- 
 sent and accept of the boundaries' prescribed in the act of Congress, entitled 'An act to 
 enable the people of Wisconsin Territory to form a constitution and State government, and 
 for the admission of such State into the Union,' approved August 6, 1846; Provided how- 
 ever. That the following alteration of the aforesaid boundary be and hereby is proposed to 
 the Congress of the United States as the preference of the State of Wisconsin; and if the 
 same shall be assented and agreed to by the Congress of the United States, then the same 
 shall be and forever remain obligatory on the State of Wisconsin; viz. : Leaving the afore- 
 said boundary line at the foot of the rapids of the St Louis River, thence la a direct line 
 bearmg southwesterly to the mouth of Rum River, where the same empties into the Missis- 
 sippi River, thence down the main channel of the said Mississippi River, as prescribed in 
 the aforesaid boundary. 
 
 Section 2. This ordinance is hereby declared to be irrevocable without the consent of 
 the United States." 
 
 This "preference of the State of Wisconsin," if it had been 
 •assented to by Congress, would have carried the boundary 
 about fifty miles further west than that prescribed by the 
 act of August 6, 184(5, and would have included within the 
 limits the entire valley of the St. Croix, and all of the left 
 bank of the Mississippi below the mouth of the Rum River, 
 including St. Anthony and St. Paul. 
 
TERRITORY OF WISCONSIN IN 1848. 575 
 
 Mr. jBrownell, the delegate from St. Croix county, pro- 
 posed an amendment to the proviso, by substituting the 
 following after, "viz.:" 
 
 "Leaving the aforesaid boundary line at the head waters of the Montreal River, where 
 the State line of Michigan first intersects the same, from thence in a straight line south- 
 west*^}- to a point a half degree due north of the highest peak of Blountain Island on the 
 Mississippi River; thence due south over said Mountain Island to the center of the channel 
 of the Mississippi River; thence down the center of the channel of said river as prescribed 
 in the aforesaid boundary." 
 
 The boundary proposed by this amendment would have 
 been an average distance of sixty miles soutlieasterly of 
 that prescribed by the act of Congress, and the territory 
 between it and the "preference" line reported by the com- 
 mittee, would have been sufficient for a State of respectable 
 size. 
 
 The "Browneir' line excluded from the State the entire 
 valley of the Chippewa River, except some of its tributaries 
 from the east and northeast. It would have run about ten 
 miles east of the city of Eau Claire, and about the same 
 distance east of Chippewa Falls. 
 
 The argument in favor of this line, as far as it was based 
 on local considerations, was that it left the valley of the 
 St. Croix and its inhabitants an entirety instead of segregat- 
 ing them as was done by the adoption of the St. Croix River 
 as a boundary. 
 
 That it was so far removed from the Chippewa River, that 
 the larger portion of the population which should in the 
 future inhabit the valley of that river would be under one 
 government, when a new State should be formed north- 
 west of Wisconsin, which, from its proximity to that valley, 
 would better supply the governmental wants of its in- 
 habitants. 
 
 It was urged that the extension of the State to the " Rum 
 Rivsr" line would make it too large, and that comparatively 
 small states were more conducive to the welfare of the 
 people than large ones. 
 
 In a national point of view the consideration of providing 
 for a larger number of free states in the north to offset the 
 possibilit}' of the creation of more slave-holding states, was 
 not lost sight of although not strenuously urged. 
 
 On taking the vote there were but five members in favor 
 of the amendment proposed by Mr. Brownell. These were 
 Messrs. Brownell, Chase, Jackson, Larrabee and Reed, 
 
576 HISTORY OF THE TEERITORY OF WISCONSIN. 
 
 while of the other delegates fifty-two voted in the nega- 
 tive. 
 
 Mr. Brownell then proposed another amendment to the 
 proviso^ viz.: 
 
 "Leaving the boundary line in the middle of Late Superior, opposite the mouth of Burnt 
 Wood {Bois Brule) River, from thence through the said mouth of Burnt Wood River in a 
 direct line southwardly to the head of the most northwesteriy bend of Lake Pepin, to the 
 channel of the Mississippi River, thence down the center of the channel of said Lake Pepin 
 and the Mississippi River. 
 
 This boundary if adopted would have preserved the in- 
 tegrity of the St, Croix valley and left it outside of Wiscon- 
 sin. But only two votes— Messrs. Brownell and Chase — 
 were recorded in favor of it, and there were fifty-three 
 against it. 
 
 Mr. King then moved the following substitute for the 
 proviso in the article reported by the committee, viz. : 
 
 ''Provided however. That the admission of this State into the Union, according to the 
 boundaries described in the act of Congress, shall not in any manner affect or prejudice 
 the right of this State to the boundaries which were 'fixed and established' for the fifth 
 division or State of the northwestern territory, in and by the fifth article of compact in the 
 ordinance of Congress for the government of the territory northwest of the River Ohio, 
 passed July 13, 1787." 
 
 The most efliective reasons urged against the amendment 
 proposed by Mr. King were that its adoption would prevent 
 the admission of the State into the Union. 
 
 Mr. KiLBOURN said 
 
 "The proposed acceptance of the boundaries prescribed by Congress would, with the 
 proviso of Mr. King, be no acceptance at all. It would be enacted in the first section of 
 the article that we do accept the boundaries prescribed by Congress, provided that we do 
 not. * * * Our highest policy was to accept the boundaries of Congress 
 
 unconditionally. Should the convention adopt the proposition of Mr. King, we would 
 sacrifice all the provisions offered by Congress, even if we had a right to the boundaries 
 proposed under the ordinance of 1787." 
 
 The amendment was defeated by a vote of seventeen to 
 thirty-eight. Those who voted in favop of it were Messrs. 
 Beall, Biggs, Brownell, Castleman, O. Cole, Colley, 
 ESTABROOK, Fagan, Fitzgerald, King, Lakin, McDowell, 
 Reed, Richardson, Root, Rountree and Worden. 
 
 The article entitled "Legislcitive," as reported by the 
 committee, provided that "the number of the members of 
 the Assembly shall never be less than forty-five, nor more 
 than eighty." 
 
 This was amended in committee of the whole by striking 
 out forty-five and inserting fifty-four, and by striking out 
 eighty and inserting one hundred. 
 
TERRITORY OF WISCONSIN IN 1848. 577 
 
 In the convention both amendments were adopted on a 
 call for the ayes and noes. That in relation to the minimum 
 number by a vote of 37 to 30, the other — the maximum 
 number — by 30 to 31. 
 
 The article entitled " suffrage " elicited much debate, both 
 in relation to granting the elective franchise to unnatural- 
 ized foreigners, as well as to negroes. 
 
 Section one of the article, as reported by the committee, 
 provided that " all free ivhite male persons of the age of 
 twenty-one years or upwards," belonging to certain 
 specilied classes, should be qualified electors. Among 
 these classess were " persons not citizens of the United 
 States, who had declared their intention to become such." 
 
 Mr. Dunn moved to amend the article by striking out 
 section one and inserting the following : 
 
 "Section 1. In all elections, every white male citizen, above the age of twenty-one 
 years, having resided in the State one year next preceding any election, shall be entitled 
 to vote at any such election. And every white male inhal)ilaiit of the age aforesaid, who 
 may be a resident of the State at the time of the adoption of this constitution, shall have 
 the right of voting as aforesaid." 
 
 The amendment offered by Judge Dunn presented fairly 
 and distinctly the proposition that the elective franchise 
 should be limited to citizens of the United States, with the 
 exception of those who were residents of the State at the 
 time of the adoption of the constitution. It was supported 
 by him at length in an able and exhaustive argument in 
 Avhich he was sustained in speeches by Messrs. Rountree, 
 McDowell, O. Cole, Richardson, Castleman, Lakin and 
 Root. 
 
 On the other hand, the amendment was opposed and the 
 policy of granting in the constitution the elective franchise 
 to all persons of foreign birth, who have declared tlieir inten- 
 tion to become citizens, in conformity with the laws of the 
 United States upon the subject of naturalization, was advo- 
 cated in speeches by Messrs, Gifford, Brownell, Be all, 
 Sanders, Fox, Doran, Gale, and Jackson, 
 
 On taking the vote by ayes and noes, in a full convention, 
 there were 16 for the amendment and 53 against it. 
 
 Upon the subject of negro suffrage, the action of the con- 
 vention was somewhat unsteady and vacillating. 
 
 The first movement was in committee of the whole, when 
 Mr. ScAGEL moved to strike out the word "white," which was 
 disagreed to. 
 
 37 
 
578 HISTOEY OF THE TERRITORY OF WISCONSIN. 
 
 The motion was renewed in the convention by Mr. Chase, 
 when, upon a call for the ayes and noes, it was decided in 
 the negative by a vote of 22 to 45. 
 
 Subsequently Mr. Estabrook, who had voted against 
 striking out "white,"" offered an amendment to add this pro- 
 viso: "Provided, hoivever, that the Legislature shall, at any 
 time, have the power to admit colored persons to the right 
 of suffrage on such terns and under such restrictions as 
 may be determined by law."' 
 
 This amendment was adopted by the close vote of 35 to 34, 
 but on motion of Mr. Doran, who said he had voted in the 
 affirmative under a misapprehension of the question, the 
 vote was reconsidered, and the question being again put 
 upon the amendment of Mr. Estabrook, it was decided in 
 the negative by a vote of 34 to 35. 
 
 On the next day Mr. Gale offered en amendment provid- 
 ing for a quadrennial submission to the people, by the Leg- 
 islature, of the question of equal suffrage to colored persons, 
 which, upon the suggestion of Mr. Kilbourn, ho modified so 
 as to provide that the submission might be at any time, 
 when Mr. Harvey offered the following substitute, viz.: 
 
 " The Legislature shall at anytime have the power to admit colored persons to the 
 light of suffrage, but that no such act of the Legislature shall become a law until the same 
 shall have been submitted to the electors at the next general election succeeding the pas- 
 sage of the same, and shall have received in its favor a majority of the votes cast at such 
 election." 
 
 The substitute for Mr. Gale's amendment was adopted by 
 a vote of 37 to 29, and then the amendment as thus amended 
 by 45 to 21, when the article was ordered to be engrossed 
 for its third reading without a division. 
 
 When the article came up on its passage Mr. Kilbourn 
 moved to recommit it to the committee of the whole, with 
 instructions to substitute the following proviso for the one 
 adopted the day before, viz.: 
 
 ^Provided, That the Legislature may at any time extend by law the right of suffrage to 
 persons not herein mentioned, but no such law shall be In force until the same shall have 
 been submitted to a vote of the people at a general election, to be held subsequent to the 
 passage thereof and approved by amajority of all the votes cast at such election." 
 
 Mr. Kilbourn said it would be observed that the amend- 
 ment did not contain the words "colored suffrage" and he 
 believed it would be more acceptable to the people. 
 
 The article was recommitted with these instructions by a 
 vote of 45 to 15, and the amendment concurred in without a 
 
TERRITOEY OF WISCONSIN IN 18-18 579 
 
 division, and the entire article on suffrage passed as it now 
 stands in the constitution by a vote of 53 to 1 3. 
 
 The article in the rejected constitution ''on exemptions 
 from forced sale'' was made a prominent and efficient ob- 
 jection to its adoption. Many members of the second con- 
 vention were in favor of incorporating in the constitution 
 the principle of exemption, omitting all details. Of this 
 number was Mr. Martin, the President of the convention. 
 
 While the "declaration of rights," which contained no 
 declaration on the subject of exemption, was under consid- 
 eration in committee of the whole, Mr. Martin moved to 
 amend it by inserting a new section, to stand as section IG, 
 as follows, viz. : 
 
 "The right of the debtor to enjoy the necessary comforts of life sliall be recognized by 
 wholesome laws, exempting a reasonable amount of property from seizure or sale for the 
 payment of any debt hereafter contracted. Estates held by the courtesy or in dower shall 
 never be subject to execution against the tenant, nor shall the enjoyment thereof be 
 altered or abridged by law." 
 
 While the article was in committee of the whole, Mr. 
 Martin modified his amendment by striking out the last 
 sentence of it in relation to "estates held by the courtesy or 
 in dower." It was then adopted in committee and reported 
 to the convention, when several amendments were proposed. 
 
 One by Mr. Foot to limit the value of exempted property 
 to $500. 
 
 One by Mr. Doran to insert after the word "necessary" the 
 words "means to procure the." 
 
 One by Mr. Folts to add to the section the words "which 
 exemption shall in all cases be uniform in amount.'' 
 
 One by Mr. Fox to substitute "common necessaries"" for 
 "necessary comforts." 
 
 And Mr. Chase moved as a substitute for the whole sec- 
 tion to provide that 
 
 "Every person has a right to a place to live, and it shall be the duty of the Legislature 
 to provide by law for such exemptions from forced sale as are necessary to define and 
 secure such rights." 
 
 All the amendments were disagreed to, and the amend- 
 ment proposed by Mr. Martin as modified by him, was 
 adopted as section 17 of the declaration of rights by a vote 
 of 43 to 21. 
 
 At an early day of the session a select committee of five 
 was appointed to consider and report upon the expedience 
 of incorporating an exemption clause in the constitution. 
 
580 HISTORY OF THE TERRITORY OF WISCONSIN, 
 
 About two weeks after the adoption of the 17th section of 
 the declaration of rights, a majority of the committee re- 
 ported a separate article "on exemptions," as follows: 
 
 "Section 1. The homestead of a family, not exceediug in value five hundred dollars, 
 or at the option of the head of such family the tools and machinery of any mechanic, or 
 other real or personal propel ty of any person, being a resident of this State, not exceeding 
 in value five hundred dollars, shall be exempt from forced sale on execution for any debt or 
 debts growing out of or founded upon contract made after the adoption of this constitu- 
 tion; Provided, That such exemption shall not affect in any manner any niechanic's or 
 laborer's lien, or any mortgage lawfully obtained. 
 
 "Section 2. That the Legislature shall make such other and further exemptions as to 
 them shall seem proper. 
 
 "Section 3. The Legislature shall, at its first session, pass suitable laws for the purpose 
 of carrying into effect the foregoing provisions." 
 
 On motion of Mr. Larrabee, an amendment was adopted 
 to insert before the article a resolution providing for a 
 separate submission of it to the people, at the same time 
 the constitution was submitted to a vote of the electors, 
 and if a majority were in favor of the article it should form 
 a part of the constitution; otherwise it should be rejected. 
 
 Several other amendments were offered, none of which 
 were adopted, and the article preceded by the resolution for 
 a separate submission was ordered to be engrossed and 
 read a third time, by a vote of 34 to 32, 
 
 The next day, on motion of Mr. Case, this vote was re- 
 considered by a vote of 35 to 31, and the article was of 
 course open to amendment. 
 
 Other amendments were offered only to share in a com- 
 mon defeat, when the question was again put on ordering 
 the article to be engrossed and read a third time, and the 
 action of the convention was reversed by a vote of 30 in 
 the affirmative and 36 in the negative; Messrs. Biggs, 
 Case, Nichols and Root having changed from the aflBrma- 
 tive to the negative. 
 
 For the purpose of " clinching " the defeat of the article, 
 Mr. LovELL moved a reconsideration of the vote, which was 
 disagreed to without a division, and the question of " exemp- 
 tion " in the convention was ended. 
 
 The only remaining question which occupied much of the 
 time of the convention, or developed great diversity of 
 opinions among its members, was that of banks and banking. 
 
 The committee on Banks, Banking and Incorporations 
 submitted to the convention a majority and minority report, 
 each accompanied by an article, which it was proposed 
 
TERRITORY OF WISCONSIN IN 1848. 581 
 
 should be adopted as a part of the constitution. Tlie two 
 articles agreed in their negations, and differed only in their 
 assertions. 
 
 They both agreed that the Legislature should not have 
 power to authorize the exercise of banking franchises, ex- 
 cept upon the condition that the law conferring the franchise 
 should, after its passage, be submitted to a vote of the electors 
 of the State, and be approved by a majority of such votes. 
 
 The article submitted by the majority, authorized the 
 Legislature upon such condition to grant special bank char- 
 ters, while the article submitted by the minority authorized 
 the formation of banking associations under general laws, 
 subject to the same condition of ratification by a popular Aote. 
 
 After these reports had been about two weeks before the 
 convention they were taken up for consideration and elicited 
 the most elaborate discussion during a period of four days, in 
 wdiich a very large number of amendments were proposed, 
 none of which of any general importance were adopted. 
 
 The discussion and the amendments all demonstrated that 
 the temper of the convention was to limit the exercise by the 
 Legislature of all power over the subject, so that it should 
 not be eft'ective until ratified by a popular vote. But the prac- 
 tical difliculty was in agreeing as to what powers the Legis- 
 lature might exercise, even upon this restricted condtion. 
 
 But the difficulty Avas at last solved by a substitute pro- 
 posed by Mr, Larkix for the second section of the article 
 reported by the majoritj^ 
 
 The first section was permitted to remain as follows: 
 
 "Section 1. The Legislature shall not have power to create, authorize or incorporate by 
 any general or special law, any bank or banking power or privilege, or anj- institution or 
 corporation, having any banking power or privilege whatever, except as provided in this 
 article." 
 
 Mr. Larkin's substitute for the remainder of the article 
 w^as as follows: 
 
 "Section 2. The Legislature of the State shall have power to submit to the voters at 
 any general election, the question of 'bank or no bank,' and if at such election a number of 
 votes, equal to a majority of all the votes cast at such election, shall be in favor of banks, 
 then the Legislature shall have power !o grant bank chai-ters, or to pass a general banking 
 law with such restrictions and under such regulations as they may deem expedient and 
 proper. Provided, That said law shall have no force or effect until the same shall have 
 been submitted to a vote of the electors of the State at some general election, and been 
 approved by a majority of all the votes cast at such election." 
 
 This substitute was adopted by a vote of 40 to 15, and the 
 article then ordered to be engrossed and read a third time 
 without division. 
 
582 
 
 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 But the end of the bank article was not yet. The next 
 day Mr. Jackson moved to recommit it with instructions to 
 report an amendment to the effect that the " majority of all 
 the votes cast," not only on the question of " bank or no 
 bank,"' but on the adoption of any law passed by the Legis- 
 lature, should not be the majority "cast at such election," 
 but the majority cast " on that subject." 
 
 The motion of Mr. Jackson was adopted by a vote of 33 
 to 28. 
 
 The two amendments were reported by the committee 
 v/hen the first was adopted by a vote of 34 to 30, and the 
 second by 33 to 31, and as thus amended the article was 
 passed by a vote of 51 to 13. 
 
 The schedule provided that the constitution should be 
 submitted to the electors of the State for their ratification or 
 rejection on the second Monday in March, the election of 
 State officers and members of Congress on the second Mon- 
 day in May, and that the first session of the State Legisla- 
 ture should commence on the first Monday in June. 
 
 The convention, having completed its work, adjourned on 
 the first day of February. 
 
 On the 13th of March the proposed constitution was ratified 
 by a majority of the electors, and became the constitution 
 of the State of Wisconsin. 
 
 The form of the ballot was monosyllabic " Yes " or " No." 
 
 The following gives the result of the vote by counties : 
 
 Counties. 
 
 Brown 
 
 Calumet 
 
 Columbia... 
 
 Crawford 
 
 Dane 
 
 Dodge 
 
 Fond du Lac 
 
 Grant 
 
 Green 
 
 Iowa 
 
 Jefferson 
 
 LaTayette . . 
 Manitowoc ., 
 
 Yes. 
 
 No. 
 
 218 
 
 6 
 
 55 
 
 5 
 
 513 
 
 31 
 
 120 
 
 16 
 
 871 
 
 237 
 
 872 
 
 £82 
 
 747 
 
 183 
 
 1,1.'37 
 
 428 
 
 510 
 
 299 
 
 651 
 
 161 
 
 909 
 
 422 
 
 659 
 
 193 
 
 122 
 
 5 
 
 Counties . 
 
 Marquette . . 
 Milwaukee. 
 
 Portage 
 
 Racine 
 
 Rock 
 
 Sauk 
 
 Sheboygan . 
 St. Croix.... 
 Walworth . . 
 Washington 
 Waukesha . . 
 Winnebago . 
 Totals 
 
 Yes. 
 
 283 
 2,008 
 
 208 
 1,073 
 1,243 
 
 245 
 
 431 
 
 15 
 
 1,323 
 
 1,090 
 
 1,108 
 
 328 
 16.797 
 
 No. 
 
 13J 
 C03 
 
 58 
 
 1.231 
 
 511 
 
 12 
 110 
 224 
 574 
 191 
 798 
 
 71 
 0,"3^:i 
 
TERRITORY OF WISCONSIN IN 1848. 583 
 
 Congress by an act approved May 29, 1848, enacted — 
 
 "That the State of Wisconsin be, and is hereby, admitted to be one of the United States 
 of America, and is hereby admitted into the Union on an equal footing with the original 
 States in all respects whatever, with the boundaries, prescribed by the act of Congress 
 approved August 6th, 1846, entitled 'An act to enable the people of Wisconsin Territory to 
 form a constitution and State government, and for the admission of such State into the 
 Union.' " 
 
 No consideration appears to have been given to the 
 "preference" expressed for the Rum River boundary, as no 
 reference is made to it. 
 
 The last session of the Territorial Legislature, which was 
 the second session of the fifth Legislative Assembly, met at 
 Madison in pursuance of an act of the preceding session on 
 the 7th day of February. 
 
 The members of both houses were the same as at the 
 previous October session. 
 
 The Council was organized by the election of Horatio N. 
 AVells, President, and Thomas McHugh, Secretary. 
 
 The House by the election of Timothy Burns, Speaker, 
 and La Fayette KELLOCio, Chief Clerk. 
 
 On the second day of the session Governor Dodge met 
 the two houses in joint assembly, and delivered his annual 
 message. 
 
 He said — 
 
 " The preparatorj- steps having been taken for the early organization of the State Gov- 
 ernment, I have not deemed it proper to submit to the Legislative Assembly any subjects 
 of general legislation." 
 
 A large portion of the message was devoted to the subject 
 of harbors on the western shore of Lake Michigan, showing 
 the national character of such works, their value and im- 
 portance to commerce generally, to the government as aux- 
 iliaries to war measures, and the benefits resulting from 
 them to the people more immediately interested in them, and 
 recommended — 
 
 "That the Legislative Assembly take such action on the subject of memorializing Con- 
 gress, in relation to ha:-bor appropriations, as the good of their constituents may seem to 
 require."' 
 
 The message also recommended — 
 
 " That a memorial from the Legislative Assembly be forwarded to Congress, asking 
 for an appropriation to complete the improvement of Grant River, at the town of PotosL" 
 
 The death of Silas Wright was referred to in the mes- 
 sage, which said that — 
 
 " When a member of the Upited States Senate he was an able supporter of the rights 
 of the people of Wisconsin,'" and it recomnuMided " that a joint resolution of the Council 
 
584 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 and House be passed, expressive of the high estimation in which the memory of Mr. 
 Wright is held by the people of Wisconsin . " 
 
 The message contained, no other specific recommendation, 
 and in conclusion said : 
 
 " From the steps taken by the late convention for the organization of a State govern 
 ment, it would seem that the least legislation done at the present session would best ac- 
 cord with the wishes of the people." 
 
 At an early day of the session a committer, to which the 
 subject had been referred, submitted a report, that of the 
 sum of $13,700 appropriated by Congress March 3, 1847, to 
 defray the expenses of the Legislative Assembly for the 
 year, the sum of $5,045.21 had already been paid for the Oc- 
 tober session, leaving a balance unexpended of $8,654.79, 
 applicable to the expenses of the present session. The com- 
 mittee reported that upon a ratio of expenditures to compare 
 with the October session, this sum would defray the expenses 
 of a session of about twenty-four days. 
 
 Ver}^ few laws of a general nature were passed. These 
 were the following: 
 
 " To make the official certificate of any register or receiver 
 of any land office of the United States, in this Territory, 
 evidence in certain cases." 
 
 " To provide for the publication of legal and other notices 
 in the several counties in this Territory." 
 
 The act provided that where no newspaper was published 
 in the county to which any legal notice related, it might be 
 published in a newspaper published in the nearest ad joining 
 county, or at the seat of government. 
 
 "Concerning conveyances of real estate." 
 
 This act related to the mode of executing conveyances out 
 of the Territory. 
 
 It also authorized any clerk of any court of record, or 
 clerk of the board of supervisors or county commissioners 
 in the Territory to take the acknowledgment of deeds and 
 administer oaths. 
 
 " Concerning commitments." 
 
 The object of this act was to authorize officers in making 
 commitments of offenders, to direct their confinement in 
 jails in other counties than those where the commitments 
 were made, when the jails in the latter counties were not 
 safe. 
 
 "To provide for the inc oiporation of cemetery associa- 
 tions." 
 
TERRITORY OF WISCONSIN IN 1848. 5S5 
 
 "Authorizing the construction of electric telegraph lines 
 in Wisconsin." 
 
 The act authorized the construction of telegraph lines 
 upon public roads and highways, and upon private property 
 with the consent of the owner, and required an annual tax 
 of twenty-five cents per mile to be paid to the Territory or 
 State in lieu of all other taxes. It also contained some pro- 
 visions regulating the order of the transmission of messages, 
 and imposed penalties for willful injury to such lines or 
 their appurtenances. 
 
 Appropriate joint resolutions by the Council and House 
 were adopted in relation to the death of Silas Wkight, as 
 recommended by the Governor, and of John Quincy 
 Adams, which occurred during the session of the Legisla- 
 tive Assembly. 
 
 The message of the Governor referred in a feeling man- 
 ner to the death of Captain Augustus Quarles, of South- 
 port, who it stated — 
 
 'Tell nobly, with a large portion of his command, on the battle field before tlie City of 
 Mexico, with their country's flag waving triumphantly over them, in the face of the enemy. 
 The memory of Captain Quari.es and the men who fell in battle under liis command in the 
 defense of the rights of our comniou country, will long be cherished by the grateful 
 people of Wisconsin." 
 
 In harmony with these sympathetic expressions of the 
 Governor, the Legislative Assembly — 
 
 "Appropriated three hundred dollare to be paid to his mother, to defray the expenses 
 of conveying for interment the body of Captain Quakles from New Orleans to this Terri- 
 tory, in a manner befitting the character and dignity of the Territory in noticing the death 
 of one of her distinguished citizens." 
 
 The subject of the Territorial suits was one of general in- 
 terest. Judgment had been rendered in Grant county 
 against Doty and others, and all the suits were now under 
 the exclusive management of the Attorney General — 
 A. Hyat Smith. 
 
 On the loth of February he submitted to the Legislative 
 Assembly through the Speaker of the House, the proposi- 
 tion of the defendants for an adjustment of all matters in 
 controversy between them and the Territory. 
 
 The proposition was made in May, 1847, and was in sub- 
 stance that all matters in controversy be submitted to the 
 arbitration of five indifferent persons — three to be named by 
 the Legislature and two by the defendants — ^^•|M>^-; deter- 
 mination sliould b(^ final. 
 
586 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 A bill in conformity with the proposition had passed both 
 houses, but before it had been sent to the Governor for his 
 approval, a reconsideration was had, and a substitute 
 adopted, the substance of which was that if the defendants 
 should pay or secure to be paid within one year the whole 
 amount of costs sustained by the Territory in the prosecu- 
 tion of the suits, the Attorney General should direct the 
 discharge of the said suits and judgment, and the payment 
 of said sum should be received in full payment, satisfaction 
 and discharge of all claims of either party, arising or grow- 
 ing out of the subject matter of said suits and judgment. 
 
 The substitute was concurred in by the House, and as 
 thus amended, the bill became a law. 
 
 The old claim of Daniel Baxter was again presented in 
 the Council, and referred to a committee, which submitted 
 an adverse report. 
 
 Memorials to Congress were adopted as follows: 
 
 For an appropriation of $17,315, to complete the improve- 
 ment of the Grant River and the steam-boat landing at 
 Potosi. 
 
 For a suitable appropriation for a light house at Port 
 Washington, and for a survey of the harbor at that place. 
 
 That the military reservation on tlie east side of the Mis- 
 sissippi River opposite Fort Snelling may be raised and the 
 right of pre-emption granted to the former settlers thereon. 
 
 Also that Fort Howard may be vacated and the reserva- 
 tion of lands thereto attached for military purposes be sold. 
 
 A memorial to the Senate of the United States was also 
 adopted in relation to a treaty with the Menomonee tribe of 
 Indians for the lands north of the Fox River. 
 
 A joint resolution was adopted repealing and rescinding 
 so much of the resolutions of the Legislative Assembly 
 passed February 18, 1843, as were generally known as the 
 repudiating resolutions. 
 
 Of this resolution, Mr. Speaker Burns in his farewell ad- 
 dress, upon the adjournment of the House, said it 
 
 " Will in my opinion cause the members of this body to be remembered by the people 
 of Wisconsin with feelings of pride and satisfaction. By this act of the Legislature the 
 foul blot of repudiation has been wiped from our public record." 
 
 This, it is believed, comprises a summary of nearly, if not 
 quite all the measures of a general nature, which were 
 adopted at this session of the Legislative Assembly. 
 
TERRITORY OF WISCONSIN IN 1848. 587 
 
 Very much of the attention of the Legislative Assembly 
 was directed to the subject of granting divorces. 
 
 The constitution of the State, which was then before the 
 people for their consideration, and the adoption of which 
 appeared to be a foregone conclusion, contained a provision 
 that the Legislature should never grant any divorce. 
 
 Either this constitutional provision, or something else, 
 brought an avalanche of petitions for divorce upon the 
 Legislature, many of which were for causes that did not 
 come strictly within any of the classes recognized by the 
 law conferring upon the courts power to grant divorces. 
 
 The Legislature appeared to assume the functions of the 
 English Ecclesiastical Court, and to have considered the 
 numerous petitions which were presented. 
 
 These amounted in the aggregate to forty-two, of which 
 nine were presented in the Council and thirty-three in the 
 House. 
 
 Of the nine presented in the Council, seven were acted 
 upon favorably by that body and bills passed for the relief 
 of the petitioners; the other two did not pass the Council. 
 
 Of the thirty-three presented in the House, ten failed to 
 receive the favorable action of that body, and bills for the 
 relief of the other twenty-three petitioners passed the 
 House and were sent to the Council, seventeen of wjiich 
 were concurred in and six were not, while all of the seven 
 which passed the Council were concurred in by the House. 
 
 Of the whole number, twenty-four became laws, of which 
 seven originated in the Council and seventeen in the House. 
 
 One of these acts dissolved the marriage contract between 
 Mary Smith and her husband John Smith, without any 
 identification by residence or otherwise, to which of the 
 possible Mary and John Smiths the act had reference. 
 
 Eight acts were passed changing the names of persons. 
 The name of Mary Ann Conner was changed to that of 
 Sarah Briggs, Henry Heap to Henry Heap Kendall, 
 William Williams to Arthur William Williams, Leon- 
 ard Humphrey to Leonard Ravella Humphrey, Chris- 
 tian W. Schwartz to Christian W. Schwartzburg. 
 William Henry Hill to William Henry Gardner, Emily, 
 Jane Ring to Emily Jane Hyer and Mary Smith, who was 
 divorced from John Smith, to Mary Moore. 
 
 The sum of seven hundred and fifty dollars was appro- 
 
588 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 priatecl for the heirs of the late Thomas P. Burnett, de- 
 ceased, to be drawn by their guardian, as a compensation 
 for his services as reporter of the Supreme Court of the Ter- 
 ritory for the years 1844, 1845 and 184G. 
 
 The legal voters of La'Fayette county w^ere authorized 
 to vote for the permanent location of the county seat of 
 that county, by designating on their ballots the place for 
 which they voted, and the place receiving a majority of all 
 the votes cast thereon was to be located and made the 
 county seat by the next or any future Legislature of the 
 Territory or State. If no place received such majority, a 
 like election was to be held at any annual election until a 
 county seat should be so selected and located. 
 
 Until a county seat should be selected and suitable 
 county buildings thereon provided, the county seat was to 
 remain at the village of Shullsburg. 
 
 In the county of Grant three propositions were submitted 
 to the legal voters in relation to the division of that county, 
 viz.: 
 
 1st. To divide the county by an east and west line. 
 
 2d. To divide the county by a north and south line. 
 
 3d. For or against any division. 
 
 An "east and west line," was defined by the act to mean 
 the town line dividing towns four and five. 
 
 A "north and south line" was defined to mean the range 
 line between ranges two and three west, north of Platte 
 River. 
 
 An abstract of the votes cast was to be returned to the 
 Governor and by him communicated to the Legislature for 
 its further action. 
 
 In the county of Fond du Lac, township thirteen of range 
 eighteen east, townships thirteen, fourteen, fifteen and six- 
 teen of range nineteen east, and townships fourteen, fifteen 
 and sixteen of range fourteen east were declared to be a 
 part of that county. 
 
 All that part of Lake Winnebago lying south of a line 
 extended west from the south line of the late Brothertown 
 reservation to The range line between ranges 17 and IS. and 
 all west of such range line and south of the town line be- 
 tween townships 16 and 17, was declared to be a part of 
 Fond du Lac count}^; and all of the lake north of such east 
 
TERRITORY OF WISCONSIN IN 1848. 589 
 
 and west line, and west of such range line, was declared to 
 be a part of Winnebago county, and the remainder of the 
 lake a part of Calumet county. 
 
 The county of Adams was organized and attached to Sauk 
 county, embracing the territory between Sauk county and 
 the Lemonweir and Wisconsin Rivers. 
 
 The next term of the District Court for Sauk county was 
 required to " be held at the new court house in the town of 
 Adams," but the clerk of the court was authorized to hold 
 his office at Prairie du Sac until the commencement of the 
 next term of said court. 
 
 The seat of justice of the county of Columbia was estab- 
 lished at the village of Columbus for the term of five years. 
 
 The county of Manitowoc was organized for judicial pur- 
 poses. 
 
 The board of supervisors of Waukesha county were au- 
 thorized to appoint suitable persons to procure from the 
 office of the register of deeds, and of the district surveyor, 
 copies of the records and surveys in Milwaukee county, af- 
 fecting lands in Waukesha county, which copies were to be 
 admitted in evidence in the same manner as the original 
 records. 
 
 The second bill introduced in the House was by Mr. 
 MooERS, of Washington county, entitled : "A bill to enable 
 the inhabitants of Washington county to permanently locate 
 the county seat of said county by a vote." 
 
 The county-seat question was one which excited an unu- 
 sual degree of interest and feeling in the county, the result 
 of which was that numerous delegations were sent to Madi- 
 son to represent the conflicting interests, and the local feel- 
 ing, to a considerable extent, was participated in by many 
 of the members. 
 
 The bill was first referred to the judiciary committee, a 
 majority of which recommended that it do not pass. 
 
 It was then recommitted to a select committee, a majority 
 of whom made a report in favor of its passage, with some 
 amendment, and the minority an argumentative adverse re- 
 port. 
 
 When the vote was taken upon the engrossment and 
 third reading of the bill, it was defeated by 11 to 13. 
 
590 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 A motion was made to reconsider the vote, and it was lost 
 by a more decisive vote of 9 to 14. 
 
 On motion of Mr. Mooers, the petitioners for the law had 
 leave by their representative to withdraw their petitions. 
 
 The Speaker then immediately laid before the House a 
 communication from Mr. Mooers, by which he resigned his 
 seat as a member of the House, assigning as a reason the re- 
 jection of the bill, which he considered, he said in his commu- 
 nication, " a direct reflection upon the integrity, capacity and 
 discretion of the citizens of Washington county." 
 
 Quite a number of towns were laid off and created, viz.: 
 In Dane county, Bristol, Pleasant Spring, Middletown, York, 
 Medina, Dunn, Springfield and Blue Mounds, and the name 
 of Clarkson was changed to Dane. 
 
 In Dodge county, Harman, Shields and Theresa. 
 
 In Rock county, the towns of Harmony and Plymouth. 
 
 In Waukesha county, the name of Warren was changed 
 
 to Merton. 
 
 In Washington county, the towns of Taylor, Belgium, 
 Trenton, Sackville and Wayne were created, and the name 
 of Clarence changed to Farmington. 
 
 In Fond du Lac county, Eden, Springvale, Eldorado and 
 
 Forest, 
 In W^innebago county, Utica and Winneconnah. 
 
 The several acts passed at previous sessions, incorporating 
 the villages of Pacine, Southport, Madison and Mineral 
 Point, were each amended. 
 
 The act of 1846, to incorporate the village of Prairieviile, 
 and the act of 1847, amendatory thereof, were repealed. 
 
 Two hundred acres of land in section 30, town 4, range 4, 
 in Grant county, having in pursuance of an act of Con- 
 gress, been entered by the judge of the district court in 
 that county in trust for the use of the inhabitants of Beetown, 
 Nelson Dewey, M, K, Young and Clovis Lagrave were 
 appointed commissioners to execute the trust, by causing 
 the land to be surveyed into lots and streets, and to hear 
 and decide upon claims to such lots, 
 
 A seminary of learning by the name and style of the 
 "Du Lac Academy" was established and located in the 
 village of Milton, Rock county. 
 
 " The President and Trustees of the Sinsinawa Mound 
 College" were created a body corporate and politic for edu- 
 
TERRITORY OF WISCONSIN IN 1848. 591 
 
 cational purposes, and the college was located at Sinsinawa 
 Mound, in Grant county, 
 
 " On a plan sufficiently extensive to afford instruction in the liberal arts and sciences." 
 
 "The Wisconsin Medical College" was incorporated and 
 located in or near the city of Milwaukee, the objects of 
 which were declared to be — 
 
 "To promote the general interests of medical education atul to qualify young men to 
 engage usefully and honorably in the practice of medicine and surgery." 
 
 An act was passed to incorporate "the trustees of the 
 funds and property of the Protestant Episcopal Church in 
 Wisconsin."' 
 
 An act "supplementary to an act to incorporate the Mil- 
 waukee and Waukesha Railroad Company approved Feb- 
 ruary 11, 1847," was passed by which the Milwaukee and 
 Waukesha Railroad Company was authorized to extend its 
 railroad from the village of Waukesha to the village of 
 Madison and thence west to such point on the Mississippi 
 River in Grant county, as the company might determine. 
 
 The great want and pressing need of the inhabitants of 
 the Territory was that of increased facilities of intercom- 
 munication, and especially of reaching the markets which 
 the towns upon the lake shore furnished for the products of 
 the farm. 
 
 The time had not yet arrived, although it was rapidly 
 approaching, for the construction of railroads. Home capi- 
 tal was not adequate for that purpose, and it needed the 
 stimulus of a through rail connection to the seaboard to in- 
 duce eastern capital to enter upon the building of railroads 
 west of Lake Michigan. 
 
 Plank roads in this emergency became the favorite mode 
 of meeting the popular need, and numerous applications 
 were made to the Legislature for charters authorizing the 
 construction of these and other turnpike roads. 
 
 Sixteen acts of incorporation were passed at this session, 
 giving to the companies authority to construct plank or 
 turnpike roads and collect tolls. In most cases they were 
 to be constructed of plank, but in some cases of other 
 material. 
 
 The routes of these sixteen roads were as follows: 
 1. From Racine to Janesville, with branches to Water- 
 ford, Rochester and Burlington. 
 
592 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 2. From Southport to Beloit, with branches to Burlington 
 and Elkhorn. 
 
 3. From Milwaukee, via Big Bend on Fox River, and 
 East Troy to Janesville. 
 
 4. From the outlet on Winnebago Lake to Manitowoc, 
 with a branch to the foot of the Grand Kakalin. 
 
 5. From Milwaukee, via the iron mines and Horicon, to 
 Beaver Dam. 
 
 6. From Milwaukee, via Hustisford, to Beaver Dam. 
 
 7. From Fond du Lac to Beaver Dam. 
 
 8. From Madison, via Lake Mills, Aztalan and Farming- 
 ton, to Oconomowoc. 
 
 9. From Sheboygan to Fond du Lac, with a branch to 
 Taychedali. 
 
 10. From Horicon to Marquette. 
 
 11. From Port Washington to Beaver Dam. 
 
 12. From Milwaukee, via Waukesha, Delafied and Sum - 
 mit, to Watertown, and also from Waukesha to Bock River, 
 via Gennessee, Palmyra and Whitewater, with a connecting 
 track to Jefferson and Fort Atkinson, 
 
 13. From Port Ulloa in Washington county, via Grafton, 
 and thence on to Rock River. 
 
 14. From Winnebago Lake to the foot of the rapids of the 
 Grand Kakalin of Fox River. 
 
 15. From Milwaukee to the town of Muskego, thence to 
 Fox River, thence to Waterf ord and to Wilmot. 
 
 16. From Hustisford to Columbus. 
 
 The following Territorial roads were authorized to be laid 
 out: 
 
 From Beloit to White Oak Springs. 
 
 From Janesville, via the Indian Ford, to Columbus. 
 
 From northeast corner of section 6, town 9, range 12, in 
 Dane county (town of York), via Bradley's Grove, to Dekora. 
 
 From Monroe, via Green's Prairie and Blue Mounds, to 
 Arena. 
 
 From Green Bay, via Oshkosh and Waukau, to Fort 
 Winnebago. 
 
 From Hustisford to Milwaukee. 
 
 From Fond du Lac, via Ceresco and Strong's Landing, to 
 Plover Portage. 
 
 From Fond du Lac, via Humesville on Fox River, to 
 Plover Portage. 
 
TERRITORY OF WISCONSIN IN 1848, 593 
 
 From Sheboygan, via Mayville, to Harrison, in Dodge 
 county. 
 
 From Fond du Lac, via Mayville, Neosha and Oconomo- 
 woc, to Summit. 
 
 From Fond du Lac to Ceresco. 
 
 From Manchester to Sholioygan. 
 
 From Southport, via Walker's bridge, Noxon's corners. 
 Liberty and Welmot, to Beloit. 
 
 From East Waupun, via Waukau, to Plover Portage. 
 
 From Waukesha to West Bend. 
 
 From Clinton to Waterloo. 
 
 From Fond du Lac to Oshkosh. 
 
 From Hustisford to the Watertown and Fox Lake road. 
 
 From Dunkirk Falls, via Cambridge and Lake Mills, to 
 Milford. 
 
 From Janesville, via Clinton, to Columbus. 
 
 From Plover Portage to Lake Puckaway. 
 
 From the military road in Calumet county to Manitowoc. 
 
 From Port Washington, via Greenbush, to Calumet. 
 
 From Madison to Fort Winnebago. 
 
 From Delafield to Fond du Lac. 
 
 From Sheboygan to Horicon. 
 
 From Whitewater, via the Indian Ford and Cook's Mills, 
 to the Territorial road from Milwaukee to Mineral Point. 
 
 From Jefferson, via Dunkirk and Cook's Mills, to Camp- 
 bell's bridge, in Green county. 
 
 From Madison, via Palmers Mills (Lodi), to Adams, county 
 seat of Sauk county (now Baraboo). 
 
 From Beaver Dam to Dekorra. 
 
 From Fountain Prairie to Beaver Dam, 
 
 From Columbus to the Waterloo and Columbus road near 
 Stephen Linderman's. 
 
 Commissioners were appointed to lay out and improve a 
 territorial road from Sheboygan and Fond du Lac, and for 
 that jiurpose a special highway tax of two and a half cents 
 was levied upon the taxable property of certain towns 
 through which the road ran. 
 
 The franchises of keeping and maintaining ferries across 
 navigable streams were granted as follows: 
 
 To Thomas Noyes and Nathan H. Strong, across the 
 Fox River at Strong's landing (now Berlin), in Marquette 
 county. 
 38 
 
594 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 To A. L. Gregoire and George W. Jones, across the 
 Mississippi River on section 33, town 1, range 2 west, com- 
 monly known as Boat Yard Hollow (opposite Dubuque). 
 
 To John Morgan, across Lake Saint Croix, at Stillwater. 
 
 To William Noble, acoss Lake Saint Croix at the mouth 
 of Willow River (near Hudson). 
 
 To Chester Matson, across the Wisconsin River on sec- 
 tion two, town ten, range seven east (now Merrimac). 
 
 Laws were passed giving authority to construct and main- 
 tain dams as follows : 
 
 To F. William A LLERDiNG, across the Milwaukee River 
 on section four, town seven, range twenty-two. 
 
 To Joseph Carley and Benjamin Brown, across the Mil- 
 waukee River on section six, town eleven, range twenty-one. 
 
 To Barton Salisbury, across the Milwaukee River on 
 section twelve, of township eleven, range twenty. 
 
 To Cicero Comstock and Charles H. Williams, across 
 the Milwaukee River on sections four and five, town seven, 
 range twenty-two. 
 
 To A. Hyatt Smith and Ira Miltimore, across Rock 
 River on sections one and two in town two, range twelve. 
 
 To Elisha Morrow, across the Oconto River on sections 
 twenty-six and thirty-five in town twenty-eight, range 
 twenty. 
 
 To Cadwallader C. Washburn and Cyrus Woodman, 
 across the Peckatonica River on sections twenty and twenty- 
 one in township one, range six. 
 
 To Edward S. Hanchett, Chares Powell and Cyrus 
 Woodman, across the Peckatonica River on sections thirty- 
 one and thirty -two in town one, range six. 
 
 To William A. Barstow, across Fox River on section 
 seventeen in town fifteen, range ten. 
 
 To J. Sprague Pardee, across Fox River on section three 
 in town twelve, range ten. 
 
 To Curtis Reed, across the north channel or outlet of 
 Winnebago Lake on section twenty-two in town twenty, 
 range seventeen. 
 
 Each of the laws authorizing the construction of the three 
 last dams across Fox River passed the House of Representa- 
 tives without any opposition or division on the vote. And 
 yet with that inconsistency which sometimes characterizes 
 the action of legislative bodies, the committee on corpora- 
 
TERRITORY OF WISCONSIN IN 1818. 595 
 
 tions in the House unanimously reported upon the petition 
 of Henry Huskey and others, to build and maintain a dam 
 across Fox River, that the navigation of the river was, 
 
 '■ In their opinion, of such paramount importance to the great interests of the section 
 of tlie country through which it flows, tliat they cannot, under the views which have been 
 presented to them, discover any good reason why it shouUl be obstructed " 
 
 They therefore reported that the prayer of the petitioner 
 ought not to be granted. And it was not granted. 
 
 John H. Orr and James White, of Dodge county, and 
 their associates were constituted a corporation by the name 
 of the '' Wisconsin Iron Company," " for the purpose of 
 manufacturing iron."' 
 
 An act was passed that the county of St. Croix should at 
 each annual election, elect a suitable person to be surveyor 
 or measurer of boards, plank or other sawed lumber, and also 
 of saw logs and cord wood. 
 
 The Council and House met in joint convention on the, 
 0th of March and elected by ballot a territorial printer and 
 Superintendent of Territorial Property. 
 
 H. A. Tenney was elected printer, having received 23 
 votes out of 35, of which William W. Wyman had 9, Beriah 
 Brown 2, Blank 1. 
 
 For Superintendent, J. Gillett Knapp received 23 votes 
 E. M. Williamson 10, and Blank 2. Mr. Knapp was elected. 
 
 After providing by law that the Superintendent of Terri- 
 torial Property should put the Capitol and its furniture in 
 suitable condition and order for the use of the first session 
 of the State Legislature, and provide the necessary station- 
 ery for the use of its members and officers, the last session of 
 the Legislative Assembly of the Territory, on the loth of 
 March, 1848, adjourned sine die. 
 
 On the same day of the final adjournment of the Legisla- 
 ture the constitution of the new State was ratified by the 
 popular vote, and the Territory of Wisconsin became only 
 a memory. 
 
OOG HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 CHAPTER XXX. 
 
 MILWAUKEE AND ROCK RIVER CANAL. 
 
 The reader of the foregoing pages, with but even a slight 
 knowledge of the legislation of the Territory during the 
 twelve years ending with 1848, cannot have failed to notice 
 that no mention has been made of the legislation of that 
 period in relation to the Milwaukee and Rock River canal. 
 
 There was no subject that occasioned a greater public 
 interest, and none which appeared to demand or which re- 
 ceived a larger part of the time or attention of the Legisla- 
 tive Assembly of the Territory of Wisconsin during its entire 
 existence; and it is for this reason that it has been thought 
 best to devote a chapter exclusively to a connected account 
 of that work, in relation to which such high hopes and ex- 
 pectations of usefulness were entertained only to be disap- 
 pointed; and of the legislation affecting it 
 
 Such a consecutive account must be more satisfactory 
 than the fragmentary one which would have been presented 
 by the mode adopted in relation to other subjects. 
 
 The use of Rock River for downward navigation by flat 
 boats had been made practically available before the Black 
 Hawk war. On the 24th June, 1£30, John Dixon, the 
 founder of the town of Dixon, 111., wrote to the editor of the 
 Miner s Journal at Galena — 
 
 'The first flat boat built ou the PickatoHca passed here this day, b^ ind to St. Louis, with 
 or.e thousand pigs of lead (70,000 lbs.) for Col. William. S. Hamilton." 
 
 Its navigability upward for steam-boats was demonstrated 
 a few years later. 
 The Galena Gazette of May 17, 1838, says: 
 
 "The steam-boat ' Gipsy," Gray master, lately ascended Rock River as far as the mouth 
 of the Pekatoneca." 
 
 During the summer of 1836 public attention was directed 
 to the importance of uniting the waters of Lake Michigan 
 with those of Rock River by means of a canal; and, although 
 the country was then but little known, some general exam- 
 inations were made by Hon. Byron Kilbourn, who had not 
 only devoted much time to the surveys of the public lands 
 in Wisconsin, but had been in charge as civil engineer of 
 
MILWAUKEE AND ROCK RIVER CANAL. 597 
 
 the canal in Ohio, connecting Lake Erie with the Ohio 
 River. Reconnoisances had also been made by other com- 
 petent persons, all of which resulted in the conviction that 
 such a canal could be constructed, and at a moderate ex- 
 pense. 
 
 At the first session of the Legislative Assembly, held at 
 Belmont, in 183G, a petition was presented, signed by nu- 
 merous citizens, which set forth some of the advantages of 
 such a canal and its feasibility, and asking for the passage 
 of " an act incorporating a company for the purpose of con- 
 structing a navigable canal, from navigable water in the 
 Milwaukee River, to navigable water in the Rock River." 
 
 The petition was referred to a standing committee, which 
 reported a bill " to incorporate the Milwaukee and Rock 
 River Canal Company." The bill was laid on the table, and 
 no further action was had on the subject during that ses- 
 sion. 
 
 During the year 1837, a preliminary survey was made by 
 Mr. KiLBOURN and Hon. Increase A. Lapiiam LL. D., a dis- 
 tinguished civil engineer — afterwards Chief Geologist of the 
 state of Wisconsin — by which the entire feasibility of the 
 work was ascertained, and an approximate estimate made 
 of its cost. 
 
 During the same year public attention was further di- 
 rected to the subject by a series of five articles, published in 
 the Miliuaiikee Advertiser, which gave a description of the 
 proposed route, the connection of other water courses with 
 the canal and with Rock River, especially the Pishtika 
 (Fox), Pickatoneca, and the River of the Four Lakes, and 
 contained a most complete view of the bearing which the 
 construction of the work would have upon that part of the 
 Territory through which the canal would pass, and upon 
 other portions of the Territory. ^ 
 
 At the next annual session of the Legislative Assembly, 
 held at Burlington, in November, 1837, petitions were pre- 
 sented similar to those presented at the previous session, 
 and asking for a similar act of incorporation. 
 
 A bill was reported in the House of Representatives, in 
 conformity with the prayer of the petitions, which, after 
 being amended in both houses, finally passed both, entitled, 
 "An Act to Incorporate the Milwaukee and Rock River 
 Canal Company," and mi the oth January, 1838, received the 
 approval of the Governor. 
 
598 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 It provided that such persons as should become stock- 
 holders, agreeably to the provisions of the act, should con- 
 stitute the corporation. 
 
 That the capital stock of the corporation should be 
 $100,000, which might he increased to a sum not exceeding 
 $1,000,000 to be divided into shares of $100 each. 
 
 That John S. Rockwell, Alvix Foster, Augustus A. 
 Bird, Madison W, Cornwall, Solomon Juneau, James 
 Sanderson and Byron Kilbourn should be commissioners 
 for receiving subscriptions to the capital stock, to whom one 
 dollar on each share subscribed was to be paid by the 
 subscriber at the time of subscribing, and they were to con- 
 tinue receiving subscriptions until $50,000 should have been 
 subscribed, when the books might be closed, and together 
 with the money received on subscription, transferred to the 
 directors provided for by the act. 
 
 That the affairs of the company should be managed by a 
 board of seven directors to be annually chosen by the stock- 
 holders. The first directors were to be chosen on notice 
 given by the commissioners. 
 
 That the corporation should 
 
 "Have the right to construcc, maintain and continue a navigable canal or slackwater 
 navigation from the town of Milwaukee to Rock River, on such routes and of such dimen- 
 sions and to terminate at such point as shall be determined on by said corporation, and 
 to construct such navigable feeders of said canal as shall be found actuallj* necessary, and 
 also a branch canal to connect with the Fox or Pishtaka Rivers, at or near Prairie Vil- 
 lage, in Milwaukee county." 
 
 The right to take private property was given, and a mode 
 provided for making compensation to the owner. 
 
 The tolls were to be prescribed by the Legislature of the 
 Territory or future State. 
 
 The corporation was authorized to borrow money. 
 
 The corporation was required to commence the construc- 
 tion of the works authorized by the act within three years, 
 and in default thereof, the privileges were to be forfeited 
 and the act null and of no effect. The right to complete so 
 much as should not be completed within ten years should 
 be forfeited. 
 
 Section twenty-three of the act was as follows : 
 
 " That the future State of Wisconsin, at any time after its admission into the Union, 
 shall have the right to purchase and hold for the use of the State, the canal, herein au- 
 thorized to be constructed, together with all its branches and other improvements by 
 paying to the said corporation, the amount actually expended in the construction and 
 repairs of the same, together with such reasonable interest, not more than seven per 
 
MILWAUKEE AND ROCK RIVER CANAL. 599 
 
 centum per annum, as niaj- be agreed upon by and between said State and the corpo- 
 ration ; 
 
 Provided, hotoever. That in case the Congress of the United States shall make any 
 appropriation or donation, either in land or mone.v, in aid of the construction of the work 
 by this act authorized, the right to the same shall vest in said State whenever the said 
 transfer of the canal shall be made; and the net proceeds of all sales of land and the 
 amount of all money so appropriated or donated, shaU be deducted from the amount to 
 be paid to the said corporation for the transfer of said works to the State. And the said 
 corporation are hereby authorized to apply to Congress for such an appropriation, in 
 money or lands, to aid in the construction of the works authorized by this act, as Congress 
 in its wisdom shall see proper to grant." 
 
 In case of a donation of lands by Congress to aid in the 
 construction of the canal, if any such lands should at the 
 time be actually improved and settled upon by any person, 
 the corporation was required to sell to such settler the land 
 so settled upon — a quarter section or 160 acres — at $1.25 
 per acre. 
 
 These are the most material provisions of the act. 
 
 Books of subscription were opened at Milwaukee under 
 the direction of the commissioners on the second day of 
 February, 1838, and a sufficient amount of stock immedi- 
 ately subscribed, and a meeting of the stockholders notified 
 to be held on the next day. 
 
 At the stockholders meeting held February -1, 1838, the 
 following board of directors was elected : Byron Kilbourn, 
 Solomon Juneau, John S. Rockwell, James H. Rogers, 
 Samuel Brown, Sylvester D. Cow^les and Wm. R. Long- 
 street. 
 
 Byron Kilbourn was elected president, F. A. Wingfield, 
 secretary, C. H. Peak, treasurer, and I. A. Lapham, engi- 
 neer. 
 
 On the 1 2th of February the directors adopted a memorial 
 of the Company to the Senate and House of Representatives 
 of the United States. It stated the incorporation of the 
 company, its purposes and its authority to apply to Con- 
 gress in behalf of the Territory or future State, for aid in 
 the construction of a canal to connect Lake Michigan at Mil- 
 waukee with the navigable waters of Rock River. 
 
 It set forth the importance of the canal to the Territory 
 and to the general government, and the facilities of the 
 navigation and hydraulic power of Rock River and its trib- 
 utaries. 
 
 It represented that the organization of the company had 
 been so shaped as to constitute it an agency foi- the future 
 
GOO HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 State, which might be erected in the limits of the Territory 
 rather than a company with permanent rights and privi- 
 leges, and referred to the reserved right of the future State 
 to purchase the canal and its privileges, thus securing to 
 the State whatever the liberality of Congress might grant. 
 The memorial asked a grant of land similar to the several 
 grants to the states of Ohio, Indiana and Illinois, in aid of 
 similar works, each of which granted to the respective 
 works — 
 
 "A quantity of land equal to one half of five sections in width on each side of said canal, 
 and reserving each alternate section to the United States, from one end of said canal to the 
 other." 
 
 And expressed - 
 
 "The rational hope that just and liberal views and sentiments towards this young and 
 flourishing portion of the United States, will imiDel your honorable body to appropriate in 
 aid of this work, an amount of land equal to that granted for similar objects elsewhere, as 
 before cited." 
 
 On the 14th of February, the Chief Engineer, Mr. Lap- 
 ham, submitted to the directors an estimate of the probable 
 cost of constructing the canal. In making the estimate the 
 work was divided into eight sections, varying in distance 
 from one mile to twenty-two. Separate estimates were sub- 
 mitted upon each section for grubbing and clearing, for ex- 
 cavation and embankment, for masonry in locks, for dams 
 and for a feeder half a mile in length, and showed an aggre- 
 gate estimated cost of $730,515. The estimated lockage 
 from Milwaukee to the summit was 316 feet, and from the 
 summit to Rock River, 80. The estimated cost of the Pish- 
 taka branch, length five miles, lockage 40 feet, was $68,200. 
 Total estimated cost of canal and Pishtaka branch, $798,715. 
 Total lockage both ways, 436 feet. 
 
 A resolution was adopted by the directors, that it was ex- 
 pedient to send some person to Washington to further the 
 interests of the canal and of the company, and that Mr. 
 KiLBOURN be requested to act as such agent. In compliance 
 with this resolution Mr. Kilbouen went to Washington with 
 the foregoing memorial and estimate, which, on the 6th of 
 March, were introduced into the Senate by Hon. C. C. Clay 
 of Alabama and referred to the committee on public lands 
 and ordered to be printed. 
 
 The committee on public lands reported on the 9th of 
 April favorably to the application of the company accom- 
 panied by a bill making a grant in conformity with it. 
 
MILWAUKEE AND ROCK RIVER CANAL GOl 
 
 The report was quite lengtliy, and presented an elaborate 
 argument in favor of making the grant. 
 
 It spoke favorably of tlie feasibility of the work, and the 
 facility with wliich it could be executed; its importance to 
 the government in case of the invasion of the northwestern 
 frontier and of Indian incursions; its value "as opening a 
 new and important connection with the lead mine district 
 of which it (the Government) is the principal proprietor; " 
 the increased sale of the public lands, and concluded as 
 follows: 
 
 " In reUilion to tlio canal under consideration, it apjiears to possess some valuable feat- 
 ures. The country through which it passes is represented as being very fertile, and capa- 
 ble of sustaining a dense population. Its agiiculliu-al productions are such as are usually 
 found in the northern and middle states; and being intersected in various directions, by 
 streams furnishing valuable hydraulic power, and possessing a moderate climate and 
 wholesome air, it will probably in a few years, become an important section of the Union. 
 The exports of this Territory will always possess much value, especially those of the min- 
 eral kind; and where an export trade of large amount is carried on, a large import may be 
 expected also. Resting on the IVIississlppi, upon the one hand, and on the lakes upon the 
 other, this country is favorably situated for commercial transactions; aad by means of the 
 proposed canal, a connecting linlc is formed by which to effect exchanges between those 
 great thoroughfares: and a comnmnication is opened from the interior to the distant mar- 
 kets of New York and the mauufactiu'ing districts of the east, as also of New Orleans and 
 the plantations of the lower Mississippi. 
 
 " Being satisfied tliat the present as well as future interests of the Government buth in a 
 local and general respect, will be advanced by the construction of this canal, your commit- 
 tee report herewith a bill to grant the amount of land desired." 
 
 The fourth (and last) section of the bill as reported, was 
 as follows : 
 
 " Section 1. That the alternate sections which shall be reserved to the United States, 
 agreeably to the first section of this act, sliall not be sold for a less sum than two dollars 
 and fifty cents ]ier acre." 
 
 The bill came up for consideration on the 1st of June. On 
 motion of Mr. Buchanan of Pennsylvania, it was amended 
 by adding to the end of the fourth section, these words : 
 
 " And not subject to pre emption," 
 
 and without other amendment it passed the Senate. 
 
 But this little amendment was of great importance to 
 the " settlers " and had the effect to remove from the opera- 
 tion of the pre-emption laws subsequently passed, the alter- 
 nate sections reserved to the government. 
 
 The bill in this shape went to the House of Representa- 
 tives, where it was referred to the committee on public 
 lands, and in the hands of that committee was mnterially 
 changed by amendments. 
 
GO:;; HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 The principal amendments reported by the committee 
 and adopted by the House of Representatives, were two 
 recommended by the Commissioner of the General Land 
 Office. 
 
 One was designed to fix more definitely the western ter- 
 minus of the canal. The Senate bill fixed no point of ter- 
 mination on Rock River, and the canal might have been 
 constructed from Milwaukee to the mouth of that river, 
 with a grant of land five miles in width for the whole dis- 
 tance. To obviate this defect, the bill as reported by the 
 House committee, fixed the western terminus 
 
 "Between the point of intersection with said river of the line dividing townships seven 
 and eight, and the Lake Koshkonong." 
 
 This limitation gave a range of nearly twenty miles of the 
 river. 
 
 The other amendment was designed to obviate some am- 
 biguities and indefiniteness in the Senate bill, which made 
 it the duty of the commissioner to select the alternate sec- 
 tions. The amended House bill granted 
 
 " All the land in those sections which are numbered with odd numbers within the breadth 
 of five full sections taken in north and south, or east and west tiers on each side of the 
 main route of said canal from one end thereof to the other." 
 
 The 6th and 7th of June having been set apart for the 
 consideration of Territorial business, this bill was taken up 
 in the House, and some amendments were adopted. One 
 was to increase the minimum price at which the lands 
 granted might be sold, from one dollar and twenty- five 
 cents to two dollars and fifty cents per acre. Another de- 
 fined the relations of the future State of Wisconsin to the 
 canal, and its rights and liabilities in reference to the stock 
 of the company, and the proceeds of the sales of lands, and 
 required the assent of the future State to the act. Another 
 authorized the Territory to borrow on the pledge of the 
 lands such sum as they might think expedient. And the as- 
 sent of Congress waS given to the act incorporating the 
 canal company. 
 
 The amendments of the House were concurred in by the 
 Senate, and on the 18th of June the bill became a law by 
 receiving the approval of the President. 
 
 On the Gth of August the Board of Directors adopted a 
 resolution that it would at all times lend its most hearty 
 efforts and co-operation in securing to the settlers the 
 
MILWAUKEE AND ROCK RIVER CANAL. 603 
 
 granted lands which have been occupied and improved by 
 them. 
 
 On the 27th of September, Mr. Kilbourx w^as appointed 
 Acting- Commissioner, to employ hands, provide the neces- 
 sary outfit, and direct and superintend the operations of 
 the engineer department, in running and locating the line 
 of canal, and in the field operations generally, subject to 
 the orders of the Board of Directors. 
 
 An engineer party was organized, and was engaged in 
 making further preliminary surveys and examinations of 
 the country along the route of the proposed canal during 
 the remainder of the year 1838, preparatory to making a 
 final location of the line, which, however, was not completed 
 until the following month of May. 
 
 At the session of the Legislative Assembly w^hich con- 
 vened on the 2Gth of November, 1838, the Governor in his 
 annual message referred to the act of Congress making the 
 grant of land, and recommended the propriety of memorial- 
 izing Congress asking the extension of the right of pre- 
 emption to all actual settlers on the line of the canal, 
 
 A memorial was adopted, but no action was taken upon 
 it in Congress. 
 
 At this session a bill drawn by the president of the canal 
 company was presented for the consideration of the mem- 
 bers, which contained the plans of the company for utilizing 
 the lands granted by Congress, and effecting the construc- 
 tion of the canal. 
 
 The prominent ideas of the bill were, a sale of the lands 
 on a long credit, and what at that time was moderate inter- 
 est, and obtaining funds for the construction of the work 
 by borrowing money on the credit of the territory, supple- 
 mented by the proceeds of the sales of the lands. 
 
 It authorized the Governor to borrow on the credit of the 
 Territory not exceeding $500,000, in installments as follows: 
 On the 1st of September, 1839, $50,000; 1810, $100,000; 1841, 
 $150,000; and 1843, $200,000; payable in not less than ten 
 nor more than twenty years from the time when each in- 
 stallment should be received, bearing interest at six per 
 cent, per annum, payable semi-annually. 
 
 The proceeds of the land sales, the canal revenues, the 
 canal itself and the faith of the Territory, were inviolably 
 pledged for the payment of the interest and redemption of 
 the principal of the loan. 
 
C04 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 The Grovernor was authorized to appoint such agents as 
 he might think necessary and proper for the purpose of ob- 
 taining the loan. 
 
 Tlie proposed bill provided for the appointment of three 
 persons by the Governor and Council, to be known as 
 Commissioners of Appraisal. These commissioners were 
 to make a registry of the lands that had been settled upon 
 and occupied within the grant, to which the occupants 
 would be entitled, for which purpose they were empowered 
 to administer oaths and take testimony. 
 
 They were also to make out a schedule and valuation of 
 all the granted lands, in legal subdivisions, annexing to 
 each tract such price as they might consider such tract to 
 be worth, taking into consideration the enhanced value 
 which the canal would give to the lands, and a rule of min- 
 imum valuation was prescribed by the bill varying from 
 $3.50 to $10.00 per acre, in proportion to the distance of the 
 tract from the canal, and depending upon other circum- 
 stances affecting its value, such as the intrinsic value of the 
 land, the improvements of the surrounding country, the 
 vicinity to towns, town sites, mill improvements, lockage 
 and water power created by the construction of the canal. 
 
 The commissioners of appraisal were also to determine 
 upon the right of occupants to purchase at the minimum 
 price, lands claimed by them to have been occupied by 
 them, and were to determine all conflicting claims, and 
 were to issue certificates of such right, and all occupants 
 having such certificate were authorized by the bill to bid 
 off the land described in such certificate, at $2.50 per acre, 
 when the same should be offered for sale, and officers hav- 
 ing charge of the sale were prohibited from receiving any 
 bid in opposition to said occupant. 
 
 The bill provided for a public sale of the canal lands at 
 stated periods in the following manner, viz.: on the fourth 
 Monday in June, 1839, all the northeast quarters, and all 
 the "occupied" lands; at the same time in 1840 all the south- 
 west quarters; at the same time in 1841 all the northwest 
 quarters; and at the same time in 1812 all the southeast 
 quarters, and such lands as had been previously offered and 
 not disposed of; at the same time in 1843 all the residuary 
 lands were to be offered to the highest bidder, at not less 
 than their appraised value, and at the same time, in 1844, 
 all remaining unsold were to be offered to the highest 
 
MILWAUKEE AND ROCK RIVER CANAL. 605 
 
 bidder at not less than $^i.50 per acre, and if there still re- 
 mained any poor and unsalable lands they were to be 
 offered for sale on the fourth Monday of June, 1845, to the 
 highest bidder without reservation. 
 
 The bill provided that a register and receiver should be 
 appointed by the Governor and Council, whose duty it 
 should be to superintend the sales of the canal lands and 
 make returns of each sale thereof to the Governor, in the 
 same manner that returns were made from the land offices 
 of the United States to the General Land Office. The com- 
 pensation of each was to be one per centum on the amount 
 of all sales made by them. 
 
 It provided that the canal lands should bo put up to sale 
 in tracts of eighty acres or fractions under one hundred 
 acres, according to legal subdivisions, and for each tract 
 sold ten dollars should be paid on the day of sale, and for 
 the balance a bond and mortgage should be taken, condi- 
 tioned for the payment of one fourth part within five years, 
 one fourth in six years, one fourth in seven years and the 
 remaining one fourth in eight years with interest payable 
 semi-annually from the date of sale, at the rate of seven 
 per cent, per annum, with some exception as to interest in 
 case of occupants — provided full payment might be made 
 at any time. 
 
 The bill provided for the appointment by the Governor 
 and Council of a chief engineer on behalf of the Territory, 
 who was to keep a general supervision over the canal and 
 supervise its progress, make or revise and certify for pay- 
 ment estimates for work done and report annually to the 
 Legislature the condition of the work and receive a salary 
 not exceeding dollars. 
 
 The bill contained provisions for the application of the 
 proceeds of the sales of the lands to the payment of the in- 
 terest and redemption of the principal of moneys obtained 
 by the Governor on loan. 
 
 It contained other matters of detail, and was supposed to 
 present a complete plan of the mode? ul operation, desired 
 by the company to enable it to proceed effectively and 
 speedily with the work so far as Legislation was desirable 
 in aid of such modes. 
 
 On the loth December, Hon. Daniel Wells, Jr. intro- 
 duced a bill which conformed substantially to the foregoing 
 bill prepared by Mr. Kilbojjrn, which was twice read, laid 
 
606 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 on the table and extra copies ordered printed. No action 
 was had on it at that session, which adjourned on the 22d 
 December, until the 21st January. In the mean time a feel- 
 ing had been for some time growing in Milwaukee and Jef- 
 ferson counties, in the supposed interests of the settlers 
 upon the ten mile strip embracing the canal grant, and in 
 favor of promoting settlements on that strip, on the one 
 hand, and of consequent hostility to the construction of the 
 canal on the other. These feelings were founded upon the 
 opinion that the construction of the canal, and the plans of 
 the company for the disposition of the lands, would greatly 
 enhance the cost of the lands and retard the settlement of 
 the country. 
 
 Whether these popular feelings influenced the action of 
 the Legislative Assembly or not, it is certain that its action 
 was very different from and far short of what the canal 
 company deemed desirable to promote the effectual and 
 speedy construction of their proposed work. 
 
 While the Legislature adopted the idea of long credits 
 and low interest in making sales of canal lands, thus clos- 
 ing the door to any immediate revenue frorq. that source, 
 they declined to authorize the making of a loan on the credit 
 of the Territory of any such sum as was adequate to the 
 construction of the work, or even of its commencement in 
 such a manner as to give promise of its completion. 
 
 The bill introduced by Mr. Wells in December, probably 
 died with the adjourument, but whether it did or not, it was 
 not afterwards considered. 
 
 On the 25tli of January, a new bill on the subject was in- 
 troduced by Hon. Wm. A. Prentiss, which was copied 
 largely in its details from the one prepared by the president 
 of the canal company, but differed from that very mate- 
 rially in some of its most essential features. 
 
 It was amended in both houses, and on the 26th February 
 received the approval of the Governor, and thereby became 
 a law under the title of 
 
 "An act to provide for aiding in the construction of the Milwaukee and Rock River 
 canal." 
 
 The first section enacted 
 
 " That to aid in the construction of the Milwaukee and Rock River canal, the Governor 
 of the Territory be and he is hereby authorized to borrow on the pledges hereinafter pro- 
 vided, any sum or sums of money not exceeding .^/''j'/ thousand dollars." * * * * 
 
MILWAUKEE AND ROCK RIVER CANAL G07 
 
 The " pledges " were : 
 
 '* The proceeds of the sales of lands granted by Congress to aid in the construction of 
 said canal, together with the interest money accruing thereon, llie revenues derived from 
 the use of the canal and accruing to the Territory or State of Wisconsin, the whole or so 
 much of the canal as shall belong to, or by law vest in the said Territory or State." 
 
 The words "pledges hereinafter provided"' were inserted 
 in lieu of the words "credit of the Territory of Wisconsin," 
 which were in the bill as introduced. 
 
 The words "and the faith of the Territory" in the bill as 
 introduced following the other "pledges" above quoted, were 
 stricken out in the Council on motion. 
 
 These amendments, reducing the amount to be borrowed 
 from $500,000 to $50,000, and withholding the credit and faith 
 of the Territory, were the most important. 
 
 Instead of three "commissioners of appraisal" in addition 
 to the register and receiver, as proposed by Mr, Kilbourn's 
 bill, the act provided that — 
 
 "There shall be appointed by the Governor, by and with the advice and consent of 
 the Council, three commissioners to be styJed the Board of Canal Commissioners, one of 
 whom shall be designated as the acting commissioner, one as register and one as receiver-" 
 * * * "The register and receiver shall each receive for their services an 
 
 annual salary of one thousand dollars, and the acting commissioner an annual salary of 
 twelve hundred dollars." 
 
 The board of canal commissioners were to make a reeris- 
 try of the occupied lands, and an appraisal of the other 
 lands, as the "commissioners of appraisal" were by the 
 KiLBOURN bill required to do, but the act as passed extended 
 the time to which the making of improvements should re- 
 late from the 1st day of December, 1838, as provided in the 
 KiLBOURN bill, to the 1st day of February, 1839. It also in- 
 cluded among the tracts which might be registered as 
 "occupied," — 
 
 "Any quarter or fractional quarter section, claimed agreeably to the rules of the 
 coimtry adjoining a quarter or fractional quarter of an even numbered section, on both or 
 either of which Improvements by cultivation have been made to the amount of three 
 acres, or on which a mill had been built prior to the 1st day of February, 1839." 
 
 The rule of minimum valuations, varying from $2.50 to 
 $10 per acre, according to the distance of the tract from the 
 canal and other circumstances, contained in the Kilbourx 
 bill, was not retained in the act as passed. 
 
 The plan proposed by the canal company in the Kilbourn 
 bill, of extending the time for the sale of the lands, except 
 the " occupied " lands, through a series of years from 1839 
 to 1845, was not adopted. 
 
G08 HISTORY OF THE TERRITORY OF WISCONSIN, 
 
 The twenty-second section of this act contained a provi- 
 sion which the canal company regarded as injurious to the 
 progress of the work, which was as follows : 
 
 " No canal commissioner, director or stockholder of the canal company, or engineer em- 
 ployed on said canal shall purchase or be interested iu the purchase of any of the lands 
 authorized to he sold by virtue of any of the provisions of this act, nor shall be interested 
 in any contract for the construction of any portion of the canal, or furnishing materials 
 therefor." 
 
 Another act was passed, approved February 20, 1839, by 
 which the directors were authorized to sell at public sale 
 any shares of stock in the company, upon which assess- 
 ments were not paid, and the purchaser of any share at any 
 public sale should be liable to pay any assessment that 
 might thereafter become due. Stockholders were by the 
 act authorized to vote by proxy, and the directors were au- 
 thorized to fill vacancies in the board. This act was ac- 
 cepted by a vote of the directors May 1, 1839. 
 
 On the 4th of March, the Governor, by and with the advice 
 and consent of the Council, made the following appoint- 
 ments: 
 
 Register — Hans Crocker. 
 
 Receiver — John H. Tweedy. 
 
 Acting Commissioner — Lemuel W. Weeks. 
 
 Chief Engineer — Alexander M. Mitchell. 
 
 In the month of March an engineer party was again or- 
 ganized by the canal company and a final location of the 
 line was completed, and a report submitted to the directors 
 on the Gth day of May. 
 
 It is impossible to give an accurate description of the line 
 of this location, except by a delineation on a map, and only 
 an approximate one will be attempted. 
 
 The canal was to unite with the Milwaukee River on its 
 right bank, a very short distance above where Chestnut 
 street came to the river. From thence a canal was to be 
 constructed along the right bank of the river for a distance 
 of about one mile, to where a dam and lock were to be con- 
 structed, and the water in the river raised thereby about 
 ten feet. This dam was designed to create slackwater nav- 
 igation in the river for several miles above, and furnish an 
 adequate supply of water below, not only for the uses of 
 canal navigation, but for the numerous water powers be- 
 tween the canal and the river. The location contemplated 
 the use of the slack water of the river in lieu of the canal 
 
MILWAUKEE AND EOCK RIVER CANAL. C09 
 
 to a point in section 5, town 7, range 22, a distance of about 
 four miles, where it was proposed to leave the river and 
 construct a canal running a little north of west, through the 
 town of Granville, to the Menomonee River, at a point in 
 section 30, town 8, range 20, near the southeast corner of 
 the town of Germantown, thence southwesterly in the town 
 of Menomonee to the Pishtaka (Fox) River, in section 29, 
 town 8, range 20; thence to Weavers Run, in the town of 
 Lisbon, at section 35, town 8, range 19, From Weaver's Run 
 the location passed westerly through the town of Lisbon, in 
 which town the summit was reached. 
 
 The Territorial Engineer (Mr. A. M. Mitchell) in his re- 
 port to the Governor in October, 1839, says — 
 
 "Within two miles of the suinmitis the beginning: of a chain of lakes, presenting almost 
 a connection of waters, easily made navigable to the eastern bend of Rock River, a dis- 
 tance of twelve or fifteen miles." * * * "From La'Belle Lake to Rock River is 
 a vallej'' which appears to have been designed to miite the two." 
 
 The location of the canal from the summit to the outlet of 
 La'Belle Lake passed through parts of the towns of Lisbon, 
 Merton, Delafield and Oconomowoc. After leaving the 
 valley of La'Belle Lake it passed through the towns of 
 Summit and Concord, through which last town the location 
 took a southwesterly course to Johnson's Creek, in section 
 27, township 7, range 15, in the town of Farmington, and 
 thence pursuing a westerly course bearing south for a dis- 
 tance of about six miles it intersected Rock River at a point 
 which was designated Cinniscippi, between Jefferson and 
 Bellville. 
 
 This location was adopted by the board of directors on 
 the 6th of May, and plats of the line were immediately for- 
 warded to the Governor and to the Commissioner of the 
 General Land Office, and the lands granted to the Territory 
 were designated and set off by the commissioner agreeably 
 to the act of Congress, being the alternate sections, num- 
 bered with odd numbers, ten miles wide, and extending from 
 Lake Michigan to Rock River 
 
 The whole number of acres thus designated and set off by 
 the commissioner was 139,190.91. 
 
 The next session of the Legislative Assembly convened 
 at Madison December 2, 1839. 
 
 On the 9th day of December the report of the board of 
 canal commissioners was presented to the Council, through 
 the President. 
 39 
 
610 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 The report states that the occupied and unproved lands 
 registered as contemplated by the law of the previous ses- 
 sion were 43,077.10 acres. 
 
 The sale of these registered lands was commenced on the 
 fourth Monday of June, and one tract was sold, when, as no 
 returns had been received of the designation of the canal 
 lands, the sale was adjourned until the 2d day of July. 
 
 On the 2d July, the complete returns having been re- 
 ceived by the commissioners, they proceeded with the sale, 
 and within three days all registered land was sold, except 
 240 acres, at the minimum price of $2.50 per acre. 
 
 The report states: 
 
 The number of acres sold amounted to $43, 447 10 
 
 Total value at S;3.50 per acre 108, 617 75 
 
 Ten per tent, re quired to be paid at the time of sale was 10, 801 77 
 
 Total amount of receipts 12, 337 27 
 
 In some instances more than ten per cent, was paid, which 
 increased the total amount of receipts by $1,475.50 over the 
 ten per cent, required to be paid at the time of sale. 
 
 The amount of lands granted, after deducting the number 
 of acres sold was 95, 743.81, subject to the subsequent action 
 of the Legislature. 
 
 In relation to the " settlers " and the registered land, the 
 report says : 
 
 " It is with great satisfaction that the undersigned have it in their power to inform you, 
 that the first and immediate object of the canal law, to-wit: the protection of the settlers 
 upon the canal lands, has been happily accomplished, beyond even the most sanguine 
 hopes of the settlers tiiemselves." 
 
 " We believe," the report continues, " that in no instance has a meritorious settler been 
 shut out of the equity of any provisions of the act or suffered by the competition of others 
 at the sale." 
 
 The Governor in his annual message, delivered Decem- 
 ber 3d, says that by the act approved February 26, 1839 
 
 " The Governor was authorized to borrow the sum of $50,000. Accordingly bonds were 
 issued to that amount on the 5th of August last, executed by me in the name of the Terri- 
 tory, and under authority of an act of Congress, for one thousand dollars each, bearing 
 an interest of six per cent, per annum, payable twenty years thereafter. 
 
 " John H. Tweedy, Esq., was appointed the agent of the Territory to make sale of the 
 
 I-JOI'ICJC ■'ij' "T H- •(• "{■ ^ •!• •(• ^ •(• -P •Hip 
 
 " Mr. Tweedy, in his report to me on this subject, states that stocks of every nature 
 were depressed to a lower point than they had at any time been for many years, not ex- 
 cepting the panic of 1837. The seven per cent, stocks of the city of New York were 
 selling at 95; New York State Bonds— four per cent. — at 7^J4and the bonds of most 
 of the other States, least encumbered with debt, were totally unsalable. Money was 
 commanding three times the ordinary interest in all the larger cities and in the smaller 
 places of business." 
 
MILWAUKEE AND KOC.^K RIVER CANAL. 611 
 
 The Governor in his message further says : 
 
 "In the report of the chief engineer, made in obedience to the fifteenth section of the 
 act of February 20, 188!), the estimated coat of the construction of the canal is given at 
 less than twelve hundred thousand dollars." 
 
 The board of comniissioners in tlieir report say : 
 
 "At the time of the passnge of the law no difficulty was anticipated in negotiating the 
 loan authorized by the Legislature. 
 
 " It is a source of regret that unfortunate circumstances in the matter of the location of 
 the canal prevented an effort being made to sell the bonds of the Territory before the at- 
 tempt became hopeless. Had the effort been made in April, Jlay or June, we have reason 
 to believe that it would have been attended with success. 
 
 ■'The bonds executed by the Governor and Secretary are now in the custody of the Re- 
 ceiver and can be used again should another attempt be authorized or deemed ex- 
 pedient." 
 
 The report further says: 
 
 " The establistiment at present superintending the interests of the Territory in the con- 
 struction of the canal, is in many respects liable to serious objections and ought to be re- 
 organized if continued at all, on a reduced and more economical scale. The salaries of the 
 several officers should be redticed to a fair compensation for actual services rendered and 
 required. The provision which would best meet every exigency would be to fix the com- 
 pensation of the Register and Receiver, or any officer that may be substituted in their 
 places, a percentage on the receipts and disbursements, and fees for recording and other 
 services, and that of the acting commissioner by a per diem allowance for actual ser- 
 vices." 
 
 The attention of the Legislature was called by the re- 
 port — 
 
 'To the defect of the canal law, in not making any provisions for the payment of the sal- 
 aries of the oflicers under that law." * * * 
 
 " The Receiver therefore has not felt himself authorized to part with any of the funds 
 in his hands for that purpose, without special instruction from the Legislature, however 
 obvious It may be that it was the intention of that body that such funds should and must be 
 so applied in the absence of any loan." 
 
 The Governor, in his annual message before referred to, 
 says: 
 
 " I would recommend to the Legislative Assembly the propriety of so amending the act 
 as to authorize the payment of the salaries of the chief engineer and commissioners of the 
 canal out of the proceeds of the sales of the canal lands." 
 
 The message of the Governor suggests — 
 
 " The propriety of memorializing Congress to place the occupants of the alternate sec- 
 tions (the even numbered sections) in the same situation as other settlers, on the public 
 domain, by allowing them the right of pre-emption, and permitting them to enter their 
 lands at the minimum price of the public lands." 
 
 A memorial was adopted by the Legislature praying 
 Congress: 
 
 "To grant a pre-emption right at $1.23 per acre, to all those who had settled on tho 
 alternate sections previously to the passage of the law by which those lands were re- 
 served to the United States. " 
 
G12 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 On the 9th of December, a memorial adopted by the canal 
 company on the 25th of November, was presented in the 
 House of Representatives. The memorial represented that 
 the 22d section of the act of the last session, which has been 
 quoted, was in violation of the rights of the company, in- 
 jurious to the progress of the work and to the bests inter- 
 ests of the country. That it presented a bar to subscriptions 
 to the stock of the company by depriving stockholders of 
 the ordinary rights of citizens in the purchase of land and 
 in furnishing material and supplies for the canal. 
 
 The memorial said: 
 
 " Some of our most enterprising citizens have been restrained from taking the stock of the 
 company who were anxious to do so, for the reason that if the work should be commenced, 
 they wished to take and be interested in contracts. Many of our citizens would be wilhng 
 to take a few shares each, and pay tlie amount of such shares by constructing portions of 
 tlie canal, and in this way give impetus to a work in which they are all alike interested, 
 but they dare not do this lest they should be cut off from the privilege of taking other con- 
 tracts in the further progress of the work, from the circumstance of their holding stock in 
 the company." 
 
 The memorialists stated that they were clearly of the 
 opinion that the effect of this provision would be to give a 
 death-blow to the canal, and if the design had been (which 
 they did not believe) to defeat it entirely, a more effectual 
 method could not have been adopted. 
 
 They stated that many of the settlers on the canal lands, 
 on which they had extensi^^e improvements, had before the 
 act containing this restrictive clause was passed, subscribed 
 for stock in the company, who, in order to be entitled to pur- 
 chase their lands, had been compelled to sell their stock. 
 
 They further stated that by the act of congress making 
 the grant, the land was required to be sold to the " highest 
 bidder," and ask if a stockholder should be the " highest 
 bidder," would it be competent for the legislature or any of- 
 ficer to say that such " highest bidder " should not have the 
 land? Would the sale be a legal one if the Register and 
 Receiver were to strike it off to a lower bidder? 
 
 The memorialists therefore prayed the Legislature to re- 
 peal so much of the 22d section of the act as is contained 
 in the foregoing extract. 
 
 A considerable portion of the memorial was devoted to 
 showing that a spirit of hostility existed in certain quar- 
 ters to the canal which assumed the form of attacks upon 
 the canal company. The memorial sets forth the nature of 
 these attacks, and undertakes to meet them and to demon- 
 
MILWAUKEE AND ROCK RIVER CANAL. G13 
 
 strate that they have no foundation in fact, or in anj^ but 
 unworthy motives, and as an evidence of the good faith of 
 the company says: 
 
 "Our great and paramount object is to see the cannl iu successful o])eration, and we 
 would williuglj- forego all the dh-ect advantages to result to us growing out of the charter, 
 if by so doing we could have the assurance of its speedy and certain comjiletion by any 
 other means. Let us but have the full assurance that the canal can and will be com- 
 pleted by any other means, and we will gladly la3- down our charter at the feet of the 
 Legislature. We ask no rights or privileges which are not open to the people of the whole 
 Territory, and we invite the cooperation of the people of every section to come forward 
 and invest their money and share equally in the benefits to be derived from the work, and we 
 extend this invitation to those who have assailed us most violently and bitterly." 
 
 The memorial represented that the salaries of the board 
 of canal commissioners (register, receiver and acting com- 
 missioner) and of the chief engineer were extravagantly 
 higli, and proposed that the compensation of the register 
 and receiver be one per centum to each on all moneys by 
 them received, and one per centum on all moneys paid out, 
 and fees for other special duties. That the compensation of 
 the acting commissioner should be three dollars per day for 
 such time as was devoted to the discharge of his duties. 
 
 "If these prices were this year paid (the memorial states) instead of the salaries allowed 
 by law, the amount chargable to the canal fund for commissioneis' salaries would be about 
 S2C0 instead of $.3,200, making a saving of $3,940, without any detriment to the public 
 service.'' 
 
 The salary of the chief engineer was fixed by the law at 
 $3,000 annually, which the memorialists think was $1,000 too 
 much. Upon that subject they say: 
 
 "A still further reduction might have been secured, and may in the future be made, by 
 merging the Territorial engineer and the Comi)any engineer in one " * * * 
 
 "IE that system were adopted here, it is believed that the commissioners on the part of the 
 Territory, and the directors on the part of the company, would be able to agree in the ap- 
 pointment of an engineer, and it will be apparent to every one that one engineei- is sufficient 
 to conduct the affairs of a canal sixty miles in length as well as a greater number." 
 ***** *** ***** 
 
 " In case of the commissioners and directors so agreeing the salary could be paid, one 
 moiety by the Territory and the other by the Canal Company; consequently if a competent 
 engineer can be employed for S"-,000 per annum only Sl,000 could be chargeable to the canal 
 fund instead of $3,000 as in the present arrangement. ***** 
 
 " The present year's expense for commissioners and engineer, amounts t()$(),a00, without 
 there having been expended one dollar cf public funds for the promotion of the canal. The 
 only official duties which have been porfoi-mcd by theconimissioners.being to dispose of the 
 occupied lands, the receipts from which are understood to be about $1.3,0C0 ($12,337.37 by 
 their report), and the only professional duties discharged being to express his opinion in 
 vegard to the location of the canal line and its cost of construction." 
 
614 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 In reference to the work on the canal the memorial 
 states: 
 
 " In June a letting of jobs took place under the direction of the company, at which sev- 
 eral sections of the canal were put under contract. One of the contractors, Mr. Pettibone, 
 has commenced operations and has notified the board of directors that he is willing to con- 
 tinue his operations through the winter on a portion of the worlc which can be done with 
 much better effect at that season than any other, and he will advance his own means for 
 that purpose to be remunerated whenever the Company shall obtain funds to meet it, or 
 whenever a loan shall be obtained by the Territory applicable to that purpose. These jobs 
 have been let on favorable terms and we feel a confidence in their completion within a year 
 or eighteen months; so far as to make the water power at this place available, even if the 
 times remain unfavorable for a loan." #***#** 
 
 " Your memorialists would further respectfvdly represent that the present amount of 
 population and the increased productions of the country afford facilities for the perform- 
 ance of labor, which would jiistify the expenditure within the next year of at least $100,000. 
 This sum could be economically and beneficially expended, and should the condition of the 
 money affairs of the country be such as to enable the Territory to effect a loan to that 
 amount, we feel justified in expressing the opinion that good policy would dictate the meas- 
 ure. This would require an additional appropriation of $50,000, which could be negotiated 
 with the present bonds for §50,000." 
 
 Immediately after this memorial was introduced, it was, 
 on motion of Mr. Wells of Milwaukee, laid on the table, 
 and he offered the following resolutions, which were imme- 
 diately adopted: 
 
 ''''Resolved, That the officers of the Milwaukee and Eock River Canal Company be re- 
 quested to report to this House as soon as may be, upon the following points: 
 
 " First. That the President state under oath, the quantity of land given by individuals, in 
 consideration of the location and termination of said canal, at different points upon the 
 route, to whom and to whose benefit said lands were donated. 
 
 " Second. That the secretary of said company state on oath the amount of capital stock 
 taken, the amount actually paid in, by whom it was taken, the names of the present holders, 
 and the amounts held by each; also state on oath the number of offices created by said com- 
 pany, by whom held, and the compensation allowed to each of said officers and to each 
 member of said company during the past year. 
 
 " Third. That the treasurer of said company state on oath the amount and kind of money 
 actually paid and now in his hands. 
 
 "Resolved, That the chief clerk transmit a copy of these resolutions to each of said 
 officers. 
 
 On the 28th of December the Speaker laid before the 
 House a communication from Mr. Kilbourn, the president 
 of the company, in answer to these resolutions. 
 
 He stated that he was on the eve of his departure for 
 Madison when he received the resolutions; that the time 
 required to make a detailed statement upon all the points 
 requested would be such as probably to defeat the beneficial 
 results designed; that the resolutio?iS were, however, laid 
 
MILWAUKEE AND ROCK RIVER CANAL. 615 
 
 before the directors, who by resolution authorized the presi- 
 dent to give such information generally, touching the 
 affairs of the company, as might be desired by the Legisla- 
 ture, or by any committee of either house, and to state 
 definitely the views of the board on the following points: 
 
 1st. That if desired the company would report annually 
 to the Legislature all the facts connected with their opera- 
 tions relative to the canal, embracing the points covered by 
 the aforesaid resolutions, and such other matters as they 
 might deem useful to the public or of interest to the Legis- 
 lature. That the company are not required by their charter 
 to make such report, and were not requested to do so until 
 it was too late for the present session, and had the Legisla- 
 ture expressed at an earlier day its desire to receive such a 
 report, the company would promptly and voluntarily have 
 complied. They had nothing to conceal, and would freely 
 at all times, wiien desired, exhibit their books and transac- 
 tions to the Legislature, to the canal commissioners, or to 
 the public. 
 
 2d. That so long as the company exists in their corporate 
 capacity, and bear a part in the prosecution of the canal, 
 they conceive themselves entitled to exercise all the rights 
 and privileges conferred by the act of incorporation. 
 
 3d. That the company will at any time surrender into 
 the hands of the Territory all the privileges conferred by 
 the charter, and all property purchased by or donated to the 
 company, or to any person on behalf of the company, on 
 condition that they can be assured of the vigorous prosecu- 
 tion and early completion of the canal by the Territory. 
 
 4th. That during the two years since the formation of the 
 company their expenditures have been but about $8,000. 
 This includes all the expenses of the company, in running 
 the first experimental levels, the subsequent random levels, 
 and the final survey of location and the obtaining the grant 
 of land. 
 
 "It was not the province of the President (he said) to institute a comparison between 
 this expenditure of the company for two years past, and the amount of business transacted 
 by them, with the territorial expenditui-es of the last year, and the necessarily small 
 amount of busines transacted by Its oflicers in f ui-therance of its worlv. Such a comparison 
 will readily be made by the Legislature, who are in possession of all the material facts, 
 and might be considered invidious in me." 
 
 On motion of Mr. Billings, of low^a county, a resolution 
 was adopted by the House of Representatives on the 26th 
 December: 
 
G16 HISTORY OF THE TERRITORY OF WISCONSIN 
 
 " That the President of the Milwaukee and Rock River Canal Company be requested to 
 inform the House upon what terms said eompauy wiU surrender to the Territory the 
 privileges conferred upon them by the act of incorporation." 
 
 In response to this resolution the President of the com- 
 pany, on the 28th December, submitted the following propo- 
 sitions: 
 
 "First. Satisfactory assurance to be given that the work will be commenced by the 
 Territory as soon as the money affairs of the country will enable a loan to be effected, or if 
 such loan cannot be obtained before September next, that the funds then on hand and 
 thereafter accruing will be ciuTently applied to the work, from that time until a loan can 
 be effected, said fimds to be applied to the performance of work on the jobs now under 
 contract, and for which the company are held liable to the contractors. 
 
 "Second. The company will transfer to the Territory all lands and contracts for lands 
 held by the company, or by others on behalf of the company, subject to the conditions 
 of the original contracts between the grantors and the company, the Territory to exoner- 
 ate the company from all liabilities under or growing out of such contracts. 
 
 "Third. That no material alteration be made in the line of the canal, as now located, 
 without the concurrence of the company." 
 
 " Fourth. That an amount of work be performed on the canal from and after the first loan 
 can be obtained equal to $50,000 or upwards each year, and the canal be completed in ten 
 j-ears from the passage of the act of grant by congress. 
 
 " Fifth. That the Territory pay to the company in the manner prescribed in the charter, 
 the amount which they have expended prior to the time of transfer." 
 
 Appended to each of the propositions w as a statement of 
 its object and the reasons for it, and the response contained 
 a statement of the estimated cost of the work, and con- 
 cluded as follows: 
 
 " In estimating this work, the prices affixed to each item are believed to be from twenty 
 to twenty-five per cent, above what they will actually cost, in order to render the estimates 
 entirely safe, and yet the aggregate estimate falls a little short of a million of dollars, 
 after adding ten per cent, for incidental expenses. The estimates of the company in de- 
 tail are subject to the inspection of the Legislature whenever desired. 
 
 " I am clearli' satisfied that these estimates will be found to cover the entire cost, and 
 would not hesitate to enter into contract at any time to perform the work at the prices es- 
 timated. Should the I.iegislature take the work off the hands of the company, I will as an 
 individual, if desired, enter into a contract to that effect, and perform the work in ad- 
 vance of the payments monthly," 
 
 On motion of Mr. Martin, of Brown county, it was re- 
 solved by the Council on the 30th December 
 
 " That the President of the Milwaukee and Rock River Canal Company be requested to 
 lay before the Council the plans and estimates of the cost of construction of the said canal 
 and such other information as he may deem proper to submit." 
 
 In compliance with this resolution, the President on the 
 same day submitted the detailed estimates of the cost of 
 constructing the canal, which he stated had been revised by 
 the Territorial Engineer, and approved by him. 
 
MILWAUKEE AND ROCK RIVER CANAL. 617 
 
 111 making the estimates, the whole work was divided 
 into sixty-one sections of various lengths from a half mile 
 to two miles or more, but usually about one mile long, and 
 the estimated cost of each section given under the different 
 heads of grubbing, excavation, embankment, cost of locks, 
 dams and culverts, to which was added an estimate for 
 three feeders. The total estimates were $901,043.31, to which 
 was added ten per cent, for contingencies, making a total 
 of $991,148.73. 
 
 In the House a committee of one from each election dis- 
 trict was on the 20th of December appointed to consider the 
 several matters before the House relating to the canal and 
 the canal company. 
 
 On the 28th of December, the committee submitted the 
 following report : 
 
 " That after having the matter under consideration, your committee deem it inexpedient 
 to attempt to prosecute the work on the canal at present for the following reasons : 
 
 "First. The embarrassed state of the currency of the United States your committee be- 
 lieve would render it difficult, if not impossible for the Territory to effect a loan on its 
 bonds without selling them at a discount. 
 
 " Second. Your committee are of the opinion that to go on and expend the proceeds of the 
 lands granted by Congress to aid in the construction of said canal, would be placing the 
 Territory in a situation either to be liable to the general government for the repayment of 
 the money or to incur a much heavier debt for the completion of said work, which would 
 be useless without being finished. 
 
 "Third. Your conimittee did not deem satisfactory the answers of the president of the 
 canal company to the resolution of this House, calling on the officers of said company for 
 an exposition of their affairs, that the Territory might judge as to the propriety of prose- 
 cuting said work in connection with said company. 
 
 " Fourth. That in the location of said canal your committee believe that great injus- 
 tice was done to some of the settlers living on the government lands, by locating said 
 canal and having the lands selected and sold without the acceptance of the Territorial 
 engineer, and after this having been done, a new location made by the said company, by 
 which a number of occupants on said lands were thrown from six to eight miles from the 
 line of said canal, and still compt-Ued to i)ay $3.50 per aero for their lands and not entitled 
 to the right of pre-emption. 
 
 " Fifth. Your committee find a proposition in the communication from the president of 
 the canal company to this House, that they (the company) would surrender their charter 
 to the Territory, on conditions that they can be assured that the Territory will prosecute 
 and complete thi- work. 
 
 " Your committee believe that it would be a very improper course for the Legislature 
 to take to bind the Territory to perform certain things with her own means. 
 
 " Your committee deem it unnecessary to give any further reasons, believing that the 
 above are sufficient, and be^ le ive to report the accompanying bill for the consideration 
 of the House." 
 
 This bill, entitled "A bill to amend an act entitled 'An 
 act to provide for aiding in the construction of the Mil- 
 
618 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 waukee and Rock River canal/ approved February 26, 
 1839, and for other purposes," provided for the unqualified 
 repeal of the act of February 2('., 1839, except sections 10, 11, 
 12 and 13, which provided for the issuing of patents and 
 giving of mortgages for lands sold. It contemplated the 
 abandonment of the construction of the canal, and the 
 withdrawal and cancellation of the bonds authorized by 
 the act of 1839 to be issued. 
 
 When the bill came up for consideration in the House, 
 amendments were proposed contemplating an opposite 
 policy, by applying to the construction of the canal the 
 proceeds of the sales of the lands, in case a loan should not 
 be effected. The amendments were adopted by a vote of 
 15 to 11, the eight members of the committee which reported 
 the bill being equally divided. 
 
 The bill as it was amended in the House finally passed 
 the Council, and on the 11th of January, 1840, became a law. 
 
 The main features of this law were: 
 
 In section 1, That the compensation of the register and 
 receiver should be a percentage on the amount of money 
 received by them, and the acting commissioner and en- 
 gineer should receive a per diem compensation, instead of 
 the salaries which those officers had previously received, 
 and the maximum pay of the register and receiver was to 
 be reduced to $300 per annum. 
 
 Section 2 authorized the Governor to pay out of the canal 
 fund the back salary of these officers. 
 
 Section 3 provided that the canal commissioners should 
 be elected by joint ballot of the two houses, instead of being 
 appointed by the Governor and Council. 
 
 Section 4 enacted that in case a loan should not be effected 
 by the first day of September, the money of the canal fund 
 should be applied to the construction of the canal, in the 
 same m.anner that money obtained by loan was authorized 
 by law to be applied, but when a loan should be effected, 
 all moneys in the canal fund should be applied to the pay- 
 ment of interest and the liquidation of the loan, as pre- 
 scribed by the act of 1839. 
 
 Section 5 regulated the details of payments. 
 
 Section (i related to reports of the canal company to the 
 Legislature. Under this law the Legislature made the fol- 
 lowing elections: 
 
 George H. Walker, Acting Commissioner. 
 
MILWAUKEE AND ROCK RIVER CANAL. 019 
 
 John Hustis, Register. 
 
 John H. Tweedy, Receiver. 
 
 The Governor appointed 
 
 I. A. Lapham, Chief Engineer. 
 
 On the 14th of March Gov. Dodge appohited Byron Kil- 
 BOURN agent in behalf of the Territory to negotiate the 
 canal loan of $50,000 authorized by the act of February i^G, 
 18o9, and delivered the bonds to him and appointed the 
 Bank of America, in the city of New York, as the deposi- 
 tory of the loan. 
 
 On the 21st of April Mr. Kilbourn communicated to the 
 Governor a proposition from S. Higginbotham to take 
 $25,000 of the loan at par on condition that four years inter- 
 est was paid in advance, and at the same time he communi- 
 cated a resolution adopted by the canal company on the 
 20th of April, that the company would pay to the Territory 
 as a gratuity, if the loan should be effected on these terms: 
 
 "An amount equal to six per cent, interest on all installments of interest which shall be 
 so paid prior to the time when the same would become due in semi-ar.nual payments on 
 said loan, whereby the said loan will be secured to the Territorj' at 'the par or nominal 
 value or amount thereof," in accordance with the terms of the act without subjecting the 
 Territory to anj- loss or deduction for interest so paid in advance." 
 
 In his letter to the Governor, Mr. Kilbourn advised the 
 acceptance of the proposition of Mr. Higginbotham for the 
 reasons thai the Territory had the money on hand to pay 
 the interest in advance and it was lying entirel}^ useless to 
 the Territory, and by making this diposition of it a fund 
 might be obtained for active use, which would confer a very 
 essential benefit on the Territory. 
 
 "But," he said, "as it might leave room for those who are disposed to cavil at anything 
 to endeavor to make it appear that the loan was obtained as much below the 'par or 
 nominal value or amount thereof as the use of the interest money would be worth so paid 
 in advance," * * * |j,g Canal Company "propose to pay to the Territory 
 
 six per cent, on the amount so advanced, which will in fact amount to a, premium on the 
 bonds to that amount more than the Territory would receive if the canal fund should be 
 permitted to lie dormant as at present." 
 
 The Governor, in his reply to the letter of the loan agent, 
 said: 
 
 " I do not think I have any discretionary powers that would authorize me in drawing a 
 draft on the receiver of the canal fund, for the interest of $-5,000 fvr the term of four 
 years in advance. He might refuse the payment of an^- amount not authorized by the ex- 
 isting laws. And any proposition of the board of directors, which they may deem advan- 
 tageous for the prosecution of the work of the canal, it appears to me belongs entirely to 
 the Legislative Assembly of the Territory, who, I hava no doubt would readily agree to 
 the passage of such a loan as would meet the provisions contained in the resolutions of 
 the board of directors of the 20th ultimo. It would certainly have my concurrence." 
 
620 HISTOEY OF THE TERRITORY OF WISCONSIN. 
 
 The correspondence was laid before the Legislative As- 
 sembly, at an extra session held on the first Monday of Au- 
 gust, but no action was taken upon the subject, nor was 
 anything done at that session relative to the canal, or the 
 loan in aid of its completion. 
 
 No part of the authorized loan of $50,000 was negotiated 
 during the year 1840. 
 
 A loan not having been effected by the first day of Sep- 
 tember, the money belonging to the canal fund, became, by 
 the act of January 11, 1840, applicable to the construction 
 of the canal. 
 
 Mr. KiLBOURN, agent to negotiate the loan, wrote to the 
 Governor on November 19th, from Ohio, that he had 
 
 " Opened negotiations with several capitalists, with a view of obtaining said loan. Owing, 
 however, to the peculiar state of the money market, and the depressed condition of 
 Jhe business affairs of the country, I have not thus far (he said) been able to accomplish 
 >hat object." 
 
 The agent also suggested an amendment of the act 
 authorizing the loan, by increasing the interest to seven per 
 cent., and permitting the money to be received at any specie 
 paying bank wherever it would best suit the convenience of 
 the parties taking up the loan. He thought a speedy nego- 
 tiation of the loan could be made with these two modifica- 
 tions of the law. 
 
 The next annual session of the Legislative Assembly was 
 held on the first Monday (7th day) of December, 1840. 
 
 On the 10th the Speaker laid before the House the annual 
 report of the canal company, and on the loth Mr. Barber 
 presented the report of the canal commissioners. 
 
 An extra number of both reports was ordered to be 
 printed, and both referred to a select committee — Messrs. 
 Barber, Ray and Gray. 
 
 Both reports recommended the adoption of the two modi- 
 fications of the law authorizing the loan suggested by the 
 loan agent. 
 
 Both concurred also in recommending the substitution of 
 wooden locks in place of stone, with some exceptions. 
 
 The report of the canal company presented a view of its 
 operations during the year, and that of the canal commis- 
 sioners exhibited a full account of their official actions for 
 the same time. They both showed harmonious co-operation, 
 and that of the commissioners presented a roseate view of 
 the condition and prospects of the canal. 
 
MILAVAUKEE AND ROCK RIVER CANAL. 621 
 
 It showed that the amount o£ work xim'.er contract was $25, 153 
 
 The amount of work done 3, 4'JO 
 
 The amount paid for work 3, 141 
 
 The amount to be paid 23,017 
 
 It states 
 
 "That tlie contract prices of that juirtion of the work now in i)rof^ress are forty per 
 cent, below the original estimates of the same work, and upon which the estimates of the 
 entire cost of the canal were based." 
 
 It contained an estimate of the reduced price of the whole 
 work on the hypothesis that a corresponding difference 
 should be found between the estimates and contracts. It 
 adopted 25 per cent, as a safer calculation than 40, of the 
 actual difference. 
 
 The original estimates of the total cost were $0!)1 , 148 73 
 
 A difference of 25 per cent, would he »17, 787 18 
 
 The actual estimated cost $743, 301 55 
 
 It estimated that the saving- by substituting wooden locks 
 for stone would be $120,000, and that the estimate of 823,700 
 for the construction of a tow path along the Milwaukee 
 River from the point where the canal connects with the 
 river to its mouth, and of 81,295 for a pier at the harbor 
 might be entirely dispensed with or materially diminished. 
 These reductions of cost amount to $145,055 and would re- 
 duce the total cost of the canal to a sum below $000,000. 
 
 In concluding the report the commissioners say: 
 
 " To the Territory, the path of duty and policy is clearly pointed out. Every consider- 
 ation of her own interest, or lier duties to the people, or justice to the settlers, should 
 prompt her to embrace the cause of the canal with her whole soid and energy. What 
 liability she can incur, she has already incurred. Rec^-de she cannot. To advance easy 
 and safe. Delay and vacillation alone are difficult and dangerous. Doing as she will do, 
 lier whole duty, she will in a few short years, without a dollar of debt contracted, or a, 
 dollar of liability assumed, or if so, only when amply secured, have achieved an enter- 
 prise which will enrich her with constant, copious streams of wealth, and slie 1 an imper- 
 ishable glori" on the rising State of Wisconsin." 
 
 On the 14th of January, Mr. Barber, from the select com- 
 mittee to which the various reports had been referred, sub- 
 mitted a report, which coincided with the views expressed 
 in the report of the canal commissioners, and embodied them 
 in a bill, which passed the House without a division, and 
 the Council by a vote of 11 to 2, and having been approved 
 by the Governor on the 12th of February, became a law on 
 that day. 
 
 The material provisions of this law were: 
 
 That in the construction of the locks on the canal it 
 should be lawful to substitute wood instead of stone, when- 
 
622 HISTORY OF THE TEERITORY OF WISCONSIN. 
 
 ever, in the opinion of the chief engineer, approved by the 
 canal commissioners, such substitution shall be deemed ex- 
 pedient. 
 
 That the Governor of the Territory be authorized to exe- 
 cute and issue bonds in the name of the Territory, for any 
 sum not exceeding $100,000, bearing an interest of seven per 
 cent, per annum, payable semi-annually; provided, that the 
 moneys might be deposited in any sound specie-paying 
 banks, which shall be selected by the canal commissioners 
 and the Governor of the Territory, subject to the draft of 
 the receiver of the canal funds, whenever the same may be 
 required for expenditures on the canal. 
 
 The act further provided that the bonds previously issued 
 for $50,000, which should not have been negotiated should be 
 recalled, and if any of them had been sold, then the new 
 bonds should be issued to such an amount only as should 
 with the loan thus effected be equal to the sum of $100,000. 
 
 This act also contained provisions for the sale of such of 
 the unsold canal lands as were wanted for immediate occu- 
 pation and improvement, and all the details requisite to give 
 -effect to such provisions. 
 
 It made it the duty of the acting commissioner to protect 
 from trespass and waste all timber on any of the canal 
 lands. 
 
 Another act approved December 24, 1840, postponed the 
 collection of the semi-annual interest until the Legislature 
 should provide by law for its collection, and a later act ap- 
 proved February 19, 1841, made it the duty of the canal 
 commissioners, whenever any loan should be negotiated, so 
 to fix the time when payment of interest should be made as 
 to meet the interest semi-annually, accruing on such loan 
 and to give three months' notice thereof by newspaper pub- 
 lication. 
 
 On the 9th of February the canal commissioners were 
 elected by joint ballot of the two houses. 
 
 Messrs. Walker, Hustis and Tweedy were re-elected to 
 the offices of acting commissioner, register and receiver 
 respectively. 
 
 The act of February 26, 1839, by the twentieth section of 
 which the Governor was authorized to appoint agents for 
 obtaining loans, was specially recognized as being in force, 
 and consequently the authority of the Governor to appoint 
 
MILAVAUKEE AND ROCK RIVER CANAL. 623 
 
 agents to negotiate the bonds for $100,000, authorized to be 
 issued by the act of February 13, 1841, remained in force. 
 
 Governor Dodge, acting upon this construction of his 
 authority, on the 13th of May, 1841, renewed the appoint- 
 ment of Mr. KiLBOURN as loan agent and authorized him 
 
 "Upon receiving from any person or persons a certificate of the cashier of eitlur of tlie 
 safety fund banks in the State of New York, or any specie payiug bank or banks that he or 
 they have deposited with the said cashier any specified amount of money, subject to the 
 order of the receiver of the canal funds as mentioned m the last aforesaid act (of Fel)ruary 
 12, 1841), to deliver over to such person or persons so many of the said certificates (bonds), 
 aforesaid, as shall not exceed in amount the sum so deposited.'' 
 
 During the summer of 1841 Gov. Dodge was removed 
 from the office of Governor by President Tyler, and James 
 D. Doty appointed his successor. 
 
 On the 1st day of September, 1841, Governor Doty ad- 
 dressed a communication to Mr. Kilbourn at Milwaukee, 
 he then being in the state of New York or Ohio, notifying 
 him that all authority as loan agent conferred upon him 
 by Governor Dodge was "revoked and annulled."' 
 
 On the next day (September 2d) notice was — 
 
 " Given to the public that Byron Kilbouhn, Esq., of Milwaukee, is not authorized to sell 
 or otherwise dispose of any bonds or certificates of stock made by the late executive of the 
 Territoiy of Wisconsin, in virtue of the provisions of the act entitled 'an act supple- 
 mentary to the several acts relating to the Milwaukee and Rock River canal,' for the sum 
 of one thousand dollars each, and bearing date the 15th day of March, A. D. 1811, as no 
 authority was given by said act or any other act, to said Kilboukn to negotiate a loan upon 
 the said bonds or certificates of stock. 
 
 Madison, September iJ, 1841. J. D. Doty, Governor." 
 
 Under date of December 27, 1841, Mr. Kilbourn made a 
 report of his proceeding under his appointment as the 
 accredited agent of the executive. 
 
 The following extract from this report gives, he said, " a 
 simple detail of the transactions : " 
 
 " On the 22d of June last I closed negotiations at Cincinnati for loans amoxmting to 
 thirty-one thousand dollars, one thousand of which was then deposited, and certificates of 
 deposit forwarded to John H. Tweedy. Esq., receiver of canal funds. The remainder of 
 $30,000 was to be deposited in monthly installments of $3,000 per month, for the purpose of 
 meeting current payments on the canal, as the same fell due at the close of each month, 
 beginning on the last day of July, and thereafter on the last day of each month, until the 
 whole amount shall be paid. 
 
 " For this purpose bonds were deposited in the Bank of the Ohio Life Insurance and 
 Trust Company in Cincinnati to the same amount, with instructions to deliver said bonds 
 whenever the funds were deposited as above stated. This arrangement was broken in upon 
 by the receiver, in the manner set forth at length in my report to the Legislature, and 
 the fund has in consequence thus far remained unproductive to the Territory. The per- 
 
624 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 son however with whom this negotiation was made (Geo. Reed, Esq.,) has evinced his 
 rea liness to perform his part of the agreement, and has bean subjected to some incon- 
 venience by the preparation to perform, and the delay which has occurred on the part of 
 the Territory by the interposition of the receiver. 
 
 "This loan can still be commanded by the Territory by a compliance on their part in 
 the delivery of the bonds, which bonds still remain in suspense, they not having been deliv- 
 ered to Mr. Reed, nor subject to be withdrawn by the Territory without a mutual agreement 
 to that effect. 
 
 '"On the 4th of August I closed an arrangement for a loan of $5,000 in the city of New 
 Yorif, the funds being deposited in the Bank of America. The certificates for this amount 
 I have not delivered to the receiver for the reasons set forth in my report to the Legislature. 
 But I am ready to pass those funds over to that officer whenever one shall be appointed who 
 regards the law rather than his own will as his I'ule of action. 
 
 ■'On the 14th of August I closed an arrangement at Oneida for a loan of $15,000, to be 
 deposited in the bank of Vernon at any time prior to the 1st of August, 1842, on which the 
 first interest falls due on the 20th December, 1S43, and bonds to the same amount were de- 
 posited in the bank of V^ernon, subject to this arrangement. The object of tliis loan was 
 to furnish a fund for the com.mencement of business at the opening of the next season, 
 up to which time it was thought other loans had been or would be made, sufficient to keep 
 the work in progress." 
 
 "On the 26th of August I closed an arrangement at Albany for a loan of $5,000, the 
 funds to be deposited in the Albany City bank and State bank. The certificates for this 
 amount I have not delivered to the receiver for the same reasons I withheld those obtained 
 in the city of New York, but am in like manner ready to account for them to any successor 
 to the late receiver. 
 
 " These several loans in the aggregate amount to $50,000, and are all the loans which 
 have been made. The bonds sold are numbered from 1 to 56 inclusive, and the remainder 
 of the bonds (44 in number) numbered from 57 to 100 inclusive, are subject to the disposal 
 of the Governor and Legislature." 
 
 The manner in which the arrangements made by the loan 
 agent "were broken in upon by the receiver" are stated in 
 the following extracts from the report of the loan agent to 
 the Legislature. 
 
 " Having completed my arrangements at Cincinnati for the §31,000, 1 wrote Mr. Tweedy 
 June 23, notifj^ing him officially of the loan, and stated as clearly as I could find language 
 to convey, the nature of the loan, in the following words: ' This loan I have been obliged 
 to make in funds bankable at the Life and Trust Company, and consider even that very 
 favorable under present circumstances, as that institution, being itself a specie paying 
 bank, is very circumspect in the kind of funds it receives. I conceive that this is a discre- 
 tion devolving solely on myself, but licpe, as I trust, it will be satisfactory to you and the 
 other commissioners. I shall leave to-morrow morning for New York, and shall spare no 
 pains in my exertions to negotiate the remaining S69^000, wherever it can be found, and 
 hope to find it at some of the eastern banks in their own funds.' " 
 
 ************* 
 
 '•Jlr. Lapham was at Cincinnati at the date of my letter, and by him I sent to Mr. 
 Tweedy two certificates of deposit amountiilg to $1,000, a part of the loan of $31,000, which, 
 as has been before stated, were received by him and paid out for work on the canal." 
 ************* 
 
 "In reply to my letter of June 28d, I received, while in New York, a letter from Mr. 
 Tweedy, dated July 17th, in which he informs me that he ' wrote by the last mail to the 
 
MILWAUKEE AND ROCK RIVER CANAL. 625 
 
 President of the Ohio Life Insurance and Trust Company, slatinp^ our views at large, and 
 desiring Mm to suspend the transfer of the bonds until these objections were removed by 
 you, at the same time expressing the belief that you would be able to make a satisfactory 
 arrangement after your return from New York.' And soon after the receipt of this letter, 
 I received one from Mr. Williams, the president of the bank, stating that he had ' received 
 an official letter from John H. Tweedy, Esq., receiver of the canal fund, objecting dis- 
 tinctly to your sale of the bonds for current bank notes, or any other than legal currency, 
 meaning, of course, coin. He objects to the Trust Company certificates because it is not 
 pajable in legal currency, and he says that you are not authorized to sell the bonds for 
 any thing but legal currency,' etc." 
 
 " Whatever may be Mr. Tweedy's professions in regard to the canal, I consider his acts 
 more strongly indicative of his feelings than his pj-o/essi'ojis." * * * ^: 
 
 " Such feelings, coupled with secret feelings of hostility toward me individually, for 
 which I can assign no adequate cause, have in my opinion actuated him in the infliction of 
 a public wrong." *********** 
 
 " The difficulties thus interposed have arisen from an assumption of power on the part 
 of said conmiissioners to interfere with and dictate tmconditioyiaUy as to the loan and the 
 kind of funds which might or might not be received, and to present clearly and under 
 Standingly the unjustifiable nature of this assumption, 1 will premise that by the law, the 
 duty of making the loan devolves entirely waA exclusively on the Governor alone; either 
 by his own act or through means of agents to be by him appointed. (See act of February, 
 1839, sections one and twenty, and the act of February, 1841, section 2, quoted in the preced- 
 ing part of this report.) Neither of said acts nor any other act, confers any power whatever 
 on the commissioners to negotiate any loan, nor are they in any manner authorized to 
 direct the Governor as to the manner in which he shall discharge the official duties devolv- 
 ing on him by law, or sit in judgment on his acts, whether they be right or wrong. Certain 
 duties were to be discharged by the Governor, and if in the discharge of those duties, he 
 violates the law he is responsible fo </ie law and to the country for such violation and 
 not to the board of canal commissioners, nor are they in any manner responsible for his 
 acts. The law has not even named the commissionei-s in connection with the negotiation 
 of the loan; neither as associating with them the Governor or otherwise; much less has it 
 conferred on them a dictatorial supervisory control and absolute veto over his acts. Yet 
 these same commissioners have by their acts assumed that the law has, or ought to have 
 conferred on them this power." ********* 
 
 " Tlie law does not require the loan to be made in specie, and it is a fair presumption 
 that it did not intend any such thing; but that if nothing better could be done, the territory 
 would receive and disburse such funds as are used for the purposes of business throughout 
 the western states, internal improvements of every kind included." 
 
 ************* 
 
 " Notwithstanding all the difficulties which have had to be thus encountered to effect any 
 loan; notwithstanding my loan at Cincinnati was a better one than has been made by any 
 •western state for years; notwithstanding the emergency of the case, and the importance 
 of the present vigorous prosecution of the work ; notwithstanding the total absence of any 
 legal right to interfere with the loan, Mr. Tweedy, backed up by Mr. IIustis, reckless of all 
 consequences to the canal, to the rights of the people and the interests of the Territorj-, 
 issues his imperial ukase, that the loan shall not be paid out, and that consequently the 
 work must stop! " 
 
 ************* 
 
 "Out of the amoimt which has been placed in my hands ($11,000), I remitted to the re- 
 ceiver $1,000, leaving $10,000 in my hands to be accounted for. This fund I have declined 
 40 
 
626 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 placing In the hands of Mr. Tweedy, being well satisfied that if placed in his possession, he 
 would, under some technical plea, refuse to disburse it at all, and thus consummate what 
 had been well begun, a total cvertbrow of the whole work. It has not, therefore, been 
 placed at his disposal, but in lieu thereof I have individually provided funds and paid on 
 certificates of the engineer, a sum which, added to the contingent expenses of negotiating 
 the loan and the remittance to discharge interest on the bonds, amounts to $10,041.87, being 
 $41.67 more than I have received on the loan. These certificates are the proper vouchers on 
 which the law makes it the dutj' of the register to draw his check on the receiver for pay- 
 ment, but on demand for such checks Mr. Hdstis, the register, refused to issue them, with- 
 out assigning any satisfactory reason. His acts, however, have made the reason so 
 palpable that I am at no loss to comprehend it It is simply, as I fully believe, a pre-deter- 
 mination on the part of Mr. HrsTis, to aid in sustaining the untenable position of Mr. 
 T WEEDY, though it should involve him in an open violation of his duty under the law." 
 
 "Considering the tone of feeling which has been but too clearly exliibited, and which I 
 Tnad no doubt would actuate Mr. Tweedy in the disposal of the funds obtained on the loan, 
 1 would sooner have rescinded the loan or assumed it myself on behalf of the canal com- 
 pany, than permitted it to go into his hands to be locked up as a fund for him and other 
 politicians to quarrel about. Even now, if the Territory prefers to stand indebted to the 
 ■canal company for the same amount, bearing the same rate of interest (as it must do under 
 ■our charter for all company expenditures) instead of these bonds, I have but little doubt but 
 that the company would freely assume the debt. It would, however, be a useless transfer 
 of securities, for sooner or later the Territory or State will have the whole cost of the work 
 to pay either to the canal company or to those from whom the loans may be made to con- 
 .struct it." 
 
 A communication of John H. Tweedy to a select commit- 
 tee of the Council, to which was referred the report of the 
 loan agent from which the foregoing extracts are taken, 
 was called out by that report, and some extracts from the 
 communication are submitted, which it is thought present 
 the vindication of the conduct of Mr. Tweedy and his asso- 
 ciates, so far as that conduct is assailed in the foregoing ex- 
 tracts from the report of the loan agent. 
 
 " The personal and political relations between the loan agent and myself, which have 
 been brought into view in the report, its many imputations, its lofty defiance and its vitu- 
 peration and abuse I shall pass unnoticed. 
 
 ************ 
 
 " The report charges in substairce that the receiver has been guilty of an ai-bitrary and 
 unwarranted interference with the duties of the loan agent, from motives of secret hostil- 
 ■ity to the canal, and has by such interference arrested and defeated a loan of $30,000. 
 ******* 
 
 " The ti'uth of these charges and the justice of the credit or odium imputed to myself 
 and others, will clearly appear from a tiue presentment of the facts. 
 
 ************ 
 
 " In the certificates or bonds delivered to the agent, the time and place, when and where 
 the principal of the loan should be reimbursable, and also the names of the persons to 
 whom the same should be due and payable were left in blank, which the said agent was 
 (by said letter of authority) authorized to fill in such maimer as should correspond with the 
 loan which should be made. 
 
MILWAUKEE AND ROCK RIVER CANAL. 627 
 
 " The canal commissioners by letter under their hands and seals in May or June, 1841, 
 selected and designated any of the specie paying safety fund banks of New York, the Ohio 
 Life Insurance and Trust Company of Cincinnati and two specie paying institutions of 
 Cohimbus, as proper banks for the deposit of any moneys borrowed by the loan officer. 
 
 " These are the powers and the only powers given to tlie loan agent. 
 
 "Under this law and these powers the steps to be taken and the conditions to be ob- 
 served in the sale of the bonds cannot be mistaken. 
 
 " 1st. The money in equal amount to the bonds to be sold must be deposited. 
 
 "2nd. It must be deposited in a sound specie paying bank. 
 
 " That bank must be one selected or designated by the Governor and Connuissioners. 
 
 " Certilicates of the deijosit of such money in such bank, signed by the cashier thereof, 
 must be delivered by the agent. 
 
 " The certificates must be payable to the order of the Receiver of the canal fund. 
 
 " Then, and not till then, the agent is authorized to flU the blanks with the times, places 
 and names corresponding with the loan and to deliver the certificates to the person en- 
 titled thereto. 
 
 " Here then was a special agent or attorney entrusted with a few simple and limited 
 powers so plainly jirtscril ed that they could not be misunderstood. 
 
 " There was no discretion to exercise, no responsibility to assume. He was authorized 
 to do a particular act in a particular manner. He could not lawfully transfer, sell or con- 
 tract for the sale of any of the bonds in his hands unless in the manner pointed otit by the 
 law and his instructions. * ******** 
 
 "Iwi.sh (he attention of the committee to be here directed to two requisitions of the 
 law, made part of the instructions of the loan agent, to which reference will be made 
 hereafter. 
 
 " First. Tliat the fluids deposited or certificates, should be subject or payable to the ")rder 
 of the receiver of the canal fund. 
 
 " By the first provision not a dollar of the loan to be negotiated could be touched, 
 controlled or come into the hands of the agent, who was not required to give any bonds 
 to faithfully account for money received. 
 
 • That officer had no more authority by law and the instructions under which he acted, 
 to take, keep and expend any of the funds for which the bonds might be negotiated, than 
 he had to take, keep and expend any other funds of the Territory, without law or 
 license. 
 
 " Second. To the kind of funds to be received on the loan. 
 
 " The law declares that the deposit should be made in money. The term moneys unless 
 quali fied, can mean nothing but specie, or legal currency or its equivalent. 
 
 *««*«*«****«* 
 
 " The law, in designating the character of the hank, intended to designate the char- 
 acter of the funds, and not only intended to secure the receipt of the loan in funds of the 
 same character with the bank, to wit: the bills of sound specie paying banks, but also in 
 the bills (f such specie paying banks as the Governor and commissioners should select, 
 as furnishing the best circulating medium. 
 
 ************* 
 
 " The objections of the commissioners to the loan proposed by the agent were clearly 
 drawn from their views of the law, and of the authority directing the agent, and may be 
 distinctly stated as follows: 
 
 " The funds to be received were not the bills of the specie paying bank selected by the 
 comniissionei-s, where the deposit was to be made. 
 
 •' They were not payable in the bills of anj- specie paying bank. 
 
628 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 " They were not convertible into money at the place of deposit without a serious loss. 
 "They were liable to another objection. 
 
 " They were not for practical purposes equivalent, even to depreciated but current 
 paper of suspended western banks, whose paper was designed to be excluded by law. 
 
 " These are some of the objections to the proposed loan, honestly entertained by myself 
 and the commissioners, and which fixed me in the resolution not to use the funds receivable 
 on such loan. 
 
 " This resolution being formed, it became plainly my duty to give notice thereof to the 
 parties whose arrangements might be affected thereby, that is to the loan agent, the de- 
 pository of the bonds and to the contractors. 
 
 " That duty was performed by my letters to Mr . Williams and to Mr. Kilbourn. 
 
 " The loan agent not being at Cincinnati, I thought it prudent to desire Mr. Williams 
 to cause the arrangements for the loan to be, for the time being, suspended, before the 
 delivery of the bonds, until the objections to the loan could be avoided by converting the 
 funds to be deposited into legal currency or its equivalent. 
 
 " I feared that imless the transfer of the bonds was suspended, the bonds might pass 
 beyond the control of the agent. 
 
 " But the letter did ' distinctly object ^ to the kind of funds proposed to be received; did 
 * pronounce' such loan to be illegal; did give notice of the determination of the receiver 
 not to sanction such loan by acceptance of the funds; did propose by a timely intervention 
 to prevent any mischief or embarrassment likely to result from a transfer of the bonds." 
 
 Governor Doty, in his annual message to the Legislative 
 Assembly, on the 10th of December, 1841, said: 
 
 •' I am bound to express to you my belief that it is quite impracticable to make a canal, 
 upon the route surveyed from Milwaukee to Rock River, which will be of any utility to 
 the public; and I am equally positive that under the system as it is now managed the work 
 ought not to be continued." 
 
 This portion of the Governor's message was referred in 
 the Council to a select committee of five, consisting of 
 Messrs. Tweedy, Upham, Martin, Maxwell and Strong, 
 and subsequently the report of the loan agent was referred 
 to the same committee, and the communication of Mr. 
 Tweedy, addressed to that committee, was also considered 
 by it. 
 
 On the 3d of Februar}^ this select committee submitted a 
 report, which, after giving the history of the conduct of the 
 Governor, loan agent and canal commissioners in relation 
 to the negotiation of a loan, concluded as follows: 
 
 We feel bound to express the opinion, that the 55 bonds of one thousand dollars each, 
 said to have been negotiated by Mr. Kilbourn, have been illegally and fraudulently dis- 
 posed of, and that the Territory is not liable for their redemption. A similar objection 
 would be valid to the bond for one thousand dollars, issued by Mr. Kilbourn to himself, 
 but inasmuch as a part at least of its par value has been received by the proper officer of 
 the Territory, we consider his acts in negotiating it to have been thus virtually ratified, and 
 that its redemption ought to be provided for. 
 
MILWAUKEE AND ROCK RIVER CANAL. . 629 
 
 " The committee therefore deeniin-? legislative action on this subject to be necessary to 
 assert the rights of the Territory, and to take proper measures to jirotect them, bej? leave 
 to submit the accompanying resolutions. 
 
 ;\I. L. Martin, Chairman. 
 
 The resolutions were afterwards known as the repudiat- 
 ing resolutions. 
 
 The report of the committee was not concurred in by Mr. 
 Strong, although be did not submit a minority report. 
 
 The preamble was somewhat amended and enlarged, but 
 the resolutions were adopted substantially as reported, and 
 the following is a copy of them, as approved by the Gov- 
 ernor on the 18th of February: 
 
 "Resolved, That in the opinion of the Legislative Assembly, the said bonds or certificates 
 of Steele numbered from 1 to 30 inclusive, and from 33 to ."JG inclusive fur $1,000 each, and 
 being on interest of seven per cent, per annum are null and void; and that tliere is not, nor 
 can be any obligation, either legal or equitable, resting upon the territorial government, 
 to reimbm-se the amount of said bonds or certificates, or any part thereof. 
 
 " Resolved, That the bonds numbered from 57 to lOO, both inclusive, are hereby declared 
 to be null and void. 
 
 " Resolved further, Tliat the Governor of the Territoi-y be requested to take such meas- 
 ures as may be deemed expedient to recover possession of the bonds for $100,000, dated 
 March 15, 1841, and entru-ted to Byron Kilbourn, E.sq., by the late Governor of the Terri- 
 tory, except bond numbered thirty-one for $1,000, which is hereby declared to be valid." 
 
 Upon the passage of these resolutions in the Council, those 
 w^ho voted in the affirmative were Messrs. Bullen, Brigham, 
 Janes, Learned, Martin, Maxwell, Rountree, Tweedy, 
 Upham and Collins (President). 
 
 Mr. Strong voted in the negative. 
 
 In the House the vote was 14 in the affirmative and 11 in 
 the negative. 
 
 These resolutions and some other measures adopted at the 
 same session, which will presently be noticed, practically 
 and effectually put a stop to all further work on the canal 
 except such as was necessary to make the water power 
 created by the dam and that part of the canal in the city of 
 ^Milwaukee available. 
 
 The repudiating resolutions remained unrescinded for a 
 period of more than six years. During that time one of the 
 bonds had been paid, and the others surrendered and can- 
 celed, except ten for $1,000 each, which remained unpaid 
 and were held as a subsisting debt against the Territory. 
 
 During the session of 18-48, Governor Dodge sent a com- 
 munication to the House of Representatives under date of 
 February loth in which he called the attention of the Legis- 
 
G30 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 lative Assembly to the repudiating resolutions in which he 
 said : 
 
 '■ Holding as I do the opinion that a great injustice is done by these resolutions, not only 
 to the creditors, but to the good reputation for honor and integrity of the Territory, I feel 
 impelled by a sense of justice to the former and a desire that the latter in changing her 
 condition from a Territory to a State government, may enter the Union with her character 
 untarnished by the stain of repudiation, to urge upon you the propriety of 'rescinding 
 these resolutions and providing for the payment of the outstanding bonds of the Terri- 
 tory, amounting in the whole to the sum of ten thousand dollars, exclusive of interest. 
 
 * * * " It remains for you to say as the representatives of the peojjle of this Territory, 
 •whether the State of Wisconsin shall enter the Union with the blot of repudiation on her 
 escuteheonorwhether she shall take a high and noble position by the side of the highest 
 and proudest states of the Union." 
 
 The following joint resolution was adopted bv both 
 houses : 
 
 " That so much of the resolutions of the Legislative Assembly of the Territory of Wis- 
 consin, passed February the eighteenth, A. D. 1842, as declares that certain bonds of 
 which the ten now outstanding against the Territory are a part, are null and void, and that 
 there is not nor can be any obligation either legal or equitable resting upon the Territorial 
 government to reimbiu'se the amount of said bonds or certificates or any part thereof, be 
 and the same are hereby rescinded." 
 
 The vote upon the passage of this resolution in the Coun- 
 cil was 1 1 to 2, and in the House it passed unanimously and 
 was approved by the Governor March 11^ 1848. 
 
 The other measures before referred to^ adopted at this 
 session, were : 
 Joint resolutions declaring : 
 
 First. " That all connection of the Territory with the Milwaukee and Rock Kiver Canal 
 Company ought to be henceforth dissolved; that all prosecution of the work of the canal 
 by the Territory ought to be henceforth abandoned; that the Territory ought not further 
 to proceed to execute the otifice of trustee imposed upon her by the act of Congress, ap- 
 proved Jime .5, 1838. 
 
 Second. " That the Congress of the United States be and is hereby requested to repeal 
 so much of the said act of June 5, 1838, as directs the application of the fund and pre- 
 scribes the conditions of the grant, and that the cession of the same land be made to the Ter- 
 ritory upon the terms following, viz.: 
 
 " That the minimum price of the even niunbered sections reser-\'ed by Congress be re- 
 duced to $1.25 per ace. 
 
 " That the odd numbered sections be made subject to the disposal of the Territory or 
 future State of Wisconsin, for purposes of internal improvement, to be designated by the 
 Territory, subject to the approval of Congress. 
 
 " That no other conditions or restrictions be annexed to such grant, excepting that the 
 Territory may be prohibited from selling any portion of said land at a price less than $1.25 
 per acre. 
 
 Third. " That if Congress shall decline to alter the act of cession so as to conform to the 
 terms herein set forth, or to terms equally satisfactory, that Congress be and is hereby re- 
 quested to repeal the act of June 5, 1838, unconditionally, and to sell and dispose of so much 
 
MILWAUKEE AND ROCK RIVER CANAL. 631 
 
 of the lands as shall by such repeal revert or be retroceded to Congress, in the same man- 
 ner and upon the same terms as other public lands are sold by the government." 
 
 Another of the measures was an aet by which all interest 
 on purchases of the canal lands was remitto;! and discharged, 
 except such small sum as might become necessary to pay 
 interest on loans, and expenses of the same. 
 
 The other measure referred to was an act by which the 
 1st, Kith and 17th sections of the act of February 26, 1839, 
 the 4th section of the act of January 11, 1840, and the 2d 
 and od sections of the act of February 12, 1841, were re- 
 pealed. 
 
 These were the sections which authorized the issue of 
 bonds and making loans, and contained all the authority of 
 law for those purposes, and also authorized the application 
 of the proceeds of the sales of canal lands, and of loans to 
 the construction of the canal. 
 
 In response to a resolution of the House of Representa- 
 tives, Mr. KiLBOURN in behalf of the canal company said: 
 
 '• The canal company are willing to surrender their right to construct the canal beyond 
 the point where tlie line leaves the Milwaukee River, provided that the Legislature adopt 
 such measures as will secure the construction of a I'ailroad through the same tract of 
 country."' 
 
 The communication containing this response presented 
 the full details of a plan for effecting a change of object 
 from a canal to a railroad. Nothing, however, was done in 
 reference to it, except the adoption of the resolutions pre- 
 viously quoted. 
 
 At a meeting of both houses in joint convention on the 
 18th of February, the following officers of the canal board 
 were elected: 
 
 Allen W. Hatch, Begister; Joshua Hathaway, Re- 
 ceiver; Alvin Foster, Acting Commissioner. 
 
 The second section of an act passed February 19, 1841, 
 provided that if any purchaser of any tract of canal lands 
 should not have filed a bond and mortgage within six 
 months from the passage of that act, as required by the act 
 of February 20, 1839, and should not make payment of the 
 interest and principal moneys becoming due on such land, 
 at the time when the same should become due, such pur- 
 chaser should forfeit his right to such lands. 
 
 At the session of 1843, an act was passed which repealed 
 
632 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 said second section of the act of 1841. It also repealed so 
 much of any law as authorized any person to make appli- 
 cation for the sale of any portion of the unsold canal lands, 
 and such parts thereof as authorized the sale of any portion 
 of said lands, by proclamation of the Governor or otherwise. 
 
 In 1844, by an act passed January 2oth, the payment of 
 all principal and interest due or to become due from pur- 
 chasers of the canal lands was indefinitely postponed, and 
 it was provided that no suit should be instituted for the 
 same until suc)\ time as the Legislature should thereafter de- 
 termine. 
 
 And that all persons, whose lands on said canal grant had 
 been sold for taxes and redeemed by the Territory, might 
 pay to the receiver the amount which may have been paid 
 for such redemption, with seven per cent, interest, and that 
 such payment should defeat any title or claim of the Terri- 
 tory to such lands. 
 
 At the next session of the Legislative Assembly, by an 
 act approved February 24, 1845, it was provided that so 
 much of the canal lands as remained unsold at the passage 
 of the act should be offered at public sale to the highest bid- 
 der on the second Tuesday of April, 1846, at the minimum 
 price of $1.25 per acre, to be paid on the day of sale in gold 
 or silver coin, unless such sale should be thereafter prohib- 
 ited by act of Congress. 
 
 The public sales were to be continued from day to day, 
 until all the lands had been offered for sale^ and all such as 
 should remain unsold at the close of the public sale should 
 be subject to entry on the sam.e terms as the public lands 
 of the United States. 
 
 The 6th section of the act provided that purchasers of 
 lands theretofore sold might, if Congress should approve the 
 act, avail themselves of it by paying on or before the first 
 Monday of July, 1845, ten per cent, of the balance due on 
 such lands, estimating the original purchase at $1.25 per 
 acre, without interest, and by paying the remainder in the 
 legal currency of the United States between the first Mon- 
 day and the second Tuesday of April, 1846. 
 
 The receiver was authorized and required to pay out of the 
 moneys derived from the installments of ten per cent, to be 
 paid by the first Monday of July, 1845, to sundry persons 
 named in the act certain specified sums amounting to 
 
MILWAUKEE AND ROCK RIVER CANAL. 633 
 
 $1,644.25, and to the holder of canal bond "No. 31" the sum 
 of $1,000, with interest to the day of such payment. 
 
 All other moneys, paid into the hands of the receiver, were 
 to be deposited by him in the bank of America in the city of 
 New York, to the credit of the Territory, and to be drawn 
 out only in such manner as the Legislative Assembly should 
 thereafter direct. 
 
 The 11th section contained this provision: 
 
 "If Congress shall approve this act, then the foreeroing provisions shall be in full force, 
 and the land shall be sold at the minimum price of $1 . 25 per acre. But if Congress does not 
 disapprove, or shall fail to approve of this act, then the said lands shall be sold at the mini- 
 mum price of $2.50 per acre, one half of such bid to be paid in cash on the day of sale." 
 
 It also contained a provision for the security for payment 
 of the balance by mortgage. 
 
 Simultaneously with the passage of this act a memorial to 
 Congress was adopted, requesting — 
 
 "Congress to pass a law authorizing the Territory to effect a final settlement with the 
 canul company, and to purchase the canal with aU its privileges, to be paid for out of the 
 proceeds of the sale of the canal lands, and that the same may be granted to the Territory. 
 That the canal lands, or the balance of the proceeds thereof, may be donated to the Terri- 
 tory, to be appropriated to beneficial public uses." 
 
 No action was taken by Congress on the subject. 
 
 John White was elected Register, and David Merrill, 
 Receiver of the canal lands. 
 
 On the 12th of January, 184G, the register and receiver 
 presented their report to the Legislative Assembly, showing 
 that 158 of the 277 original purchasers of the canal lands 
 had paid ten per cent, of the balance due on such lands by 
 the 1st of July, 1845, amounting to $2,230.75, and that $50.83 
 had been paid for the redemption of lands sold for taxes; 
 total receipts, $2,281.58. That the receiver had paid to the 
 several persons named in the act of February 24, 1845, the 
 sum of $1,644.25, and the further sum of $155.62, for office 
 fent, commissions and other claims; total payments, 
 $1,799.87, leaving balance on hand of $481.71. 
 
 John White was re-elected Register, and David Merrill, 
 Receiver. 
 
 On the 3d of March, 1840, the Legislative Assembly, by 
 joint resolution, directed that the receiver of the canal lands 
 should pay over to the Treasurer of the Territory all mon- 
 eys which might arise from any sale of the canal lands, ex- 
 cept the sum which should be required to defray the 
 
634 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 expenses of the sale. That such moneys should be liable for 
 all debts due from the Territory. 
 
 That the money so received be appropriated to the pay- 
 ment of the expenses of holding the convention to form a 
 constitution for the state of Wisconsin, and be paid out in 
 such manner as the convention should provide. 
 
 That the faith of the Territory and future State be 
 pledged to repay to the canal fund the sum diverted, when- 
 ever the same shall be required to be repaid for the purpose 
 of executing the trust created by Congress in making the 
 canal grant. 
 
 A memorial to Congress was adopted at the same session 
 calling the attention of Congress to the act of February 24, 
 1 845, authorizing a sale of the canal lands at $1.25 per acre, 
 provided the same should be approved by Congress, and to 
 the condition of the settlers on the lands. This memorial 
 however was no more effective in inducing congressional 
 a ction on the subject than that of the previous year. 
 
 The annual report of the Register and Receiver to the 
 Legislative Assembly was presented in the Council on the 
 11th of January, 1847. It stated that the public sales of the 
 canal lands were opened on the first Tuesday in April, 1846, 
 and continued for three days, when adjournments were had 
 from time to time until the tenth day of November, when 
 the last and final sale was had, continuing two days. 
 
 That the quantity of land sold was 24,193 71-100 acres, all 
 of which was sold at $2.50 per acre, of which $1.25 per acre 
 was paid at the time of sale, except 831- acres of which the 
 entire amount was paid and the unpaid portion was secured 
 by mortgages. 
 
 That the total amount of moneys paid to the Receiver on these sales, and on 
 
 mortgages given to the Territory upon sales made prior to the act of 1845, was. $39, 074 04 
 Amount paid for commissions, rents, printing and other expenses 1, 291 06 
 
 Leaving a balance belonging to the Territory of $37, 782 98 
 
 Amount paid to the Treasurer of the Territory 35,257 86 
 
 Balance in the hands of the Eeceiver , $2, 525 12 
 
 John White and David Merrill were re-elected register 
 and receiver. 
 
 An act was passed February 8, 1847, which provided that 
 the register and receiver should cancel and release all 
 mortgages executed in pursuance of the act of February 24, 
 
MILWAUKEE AND ROCK RIVER CANAL. G35 
 
 1845, and that no mortgage should be required to be given 
 by any purchaser under said act upon lands sold or to be 
 sold. 
 
 That upon the payment of $1.25 per acre, including pay- 
 ments heretofore made, the register and receiver should 
 deliver all j^atents issued on sales previously made, and that 
 all mortgages executed under acts prior to the year 1845 
 should be canceled and released. 
 
 That the register and receiver should proceed to sell all 
 the unsold canal lands agreeably to the act of 1845,, and 
 that section seventeen of that act and so much of the act as 
 relates to the prohibition of a sale by act of Congress be re- 
 pealed. 
 
 Another act was passed at tlie same session appropriating 
 to John Anderson for work done under his contract in the 
 construction of a dam across Milwaukee River, which sup- 
 plied water for the canal in Milwaukee and created the 
 water power, the sum of ten thousand dollars and in- 
 terest thereon at the rate of seven per cent, per annum 
 from the date of the respective estimates of the engineers 
 of the Territory in charge of the work. 
 
 The last session of the Legislative Assembly of the Terri- 
 tory convened on the. 7th of February, 1848. On the 
 twenty-fourth day of that month the annual report of the 
 register and receiver was presented in the Council. 
 
 It stated that a public sale of the unsold canal lands was 
 commenced on the seventh day of June, 1847, and was con- 
 tinued from day to day until all the lands were offered for 
 sale, and that since the 15th of October the unsold lands 
 have been subject to private entry. 
 
 That since the commencement of the public sales, there 
 had been sold in all 53,330.33 acres, and there remained un- 
 sold 15,680 acres. 
 
 That the balance in the hands of the receiver at last report was $i, 533 13 
 
 Amount paid on sales and on mortgages 83, 38G 20 
 
 §84,811 32 
 Paid for commissions, expenses, etc $2, 634 52 
 
 Paid t-o John Anderson 14, 489 35 
 
 Paid in full for Territorial Bond No. 31 1,408 75 
 
 Deposited with Treasurer of the Territory 57, 500 00 
 
 76,033 62 
 
 Balance in the hands of the receiver $8, 778 70 
 
 That there remained due and unpaid on mortgages about $12,000 00 
 
636 HISTORY OF THE TERRITORY OF WISCONSIN. 
 
 On the 9th of March, in joint convention, John White 
 and David Merrill were re-elected register and receiver. 
 
 A joint resohition was adopted requiring the receiver to 
 pay the interest due on the ten canal bonds, which had been 
 repudiated by the resolutions of February 18, 1842, and which 
 were rescinded at this session, and providing for the pay- 
 ment of future interest. 
 
 Another resolution was also adopted, directing the register 
 to ascertain the number and names of all persons who had 
 purchased canal lands prior to January, 1847, and paid for 
 the same a sum exceeding $1.25 per acre, which sum was to 
 be refunded by the receiver. 
 
 By an act approved March 11, 1848, the duties of the 
 register were to be transferred to the Secretary of State, and 
 those of the receiver to the State Treasurer of the State of 
 Wisconsin, within ten days after the first Monday of Janu- 
 ary, 1849, in case such officers should be elected and qualified. 
 
 Appended to the State constitution, adopted February 1, 
 1848, were resolutions to the effect that Congress so alter the 
 provisions of the act of June 18, 1838, making the canal 
 grant, that the odd numbered sections unsold might be 
 held and disposed of as part of the 500,000 acres grant, and 
 that the even numbered sections reserved by Congress be 
 offered for sale by the United States for the same minimum 
 price as other public lands of the United States. 
 
 That Congress be requested to pass an act whereby the 
 excess price over $1.25 per acre, which may have been paid 
 by the purchasers of any of the even numbered sections 
 which have been sold by the United States, be refunded to 
 the owners thereof, or that they be allowed to enter any of 
 the public lands to an amount equal in value to the excess 
 so paid. 
 
 By the act of Congress for the admission of the State of 
 Wisconsin into the Union, approved May 29, 1848, the as- 
 sent of Congress was given to these resolutions, and the 
 acts of Congress referred to therein were amended so that 
 the lands granted by the provisions of said acts, and the 
 proceeds of said lands shall be held and disposed of by the 
 State in the manner and for the purposes mentioned in said 
 resolutions; provided, that the liabilities incurred by the 
 Territorial government of Wisconsin under the land grant 
 act of June 18, 1838, shall be paid and discharged by the 
 State of Wisconsin. 
 
MILWAUKEE AND ROCK RIVER CANAL. 637 
 
 No settlement between the canal company and the Terri- 
 tory having been arrived at, although several attempts were 
 made, those matters of difference, and the various other 
 cognate subjects resulting from the canal grant and the at- 
 tempt to utilize it, were left as a legacy to the State of 
 Wisconsin, whose sovereign attributes as one of the States 
 of the Union were now recognized by the Congress of the 
 Nation. 
 
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