USA > Wisconsin > Dane County > Madison > A history of Madison, the capital of Wisconsin : including the Four Lake country : to July, 1874, with an appendix of notes on Dane County and its towns > Part 4
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"Notwithstanding the "hard times " and the impossibility of making money and "getting along in the world " there was much real happiness and enjoyment among the early settlers, all were friendly and good will prevailed. The " almighty dol- lar " had not then taken possession of their souls to the exclu- sion of the milk of human kindness for each other, and the ex- pectation of what Madison and the future state of Wisconsin were to be, and the future wealth they were sure to acquire, kept them in good spirits and made life endurable. The absence of fashion and pride, and the chilling influence of wealth made their wants few, and they were content with Mr. MICAWBER's philos- ophy of " waiting for things to turn up."
" There was plenty of leisure for hunting and fishing, and both game and fish were plenty. Let me tell a "fish story " right here, which luckily for the truth of history is capable of verification by a living witness, and many living who may have heard it at the time. On the first day of May in 1839, return- ing from Cottage Grove with LAFAYETTE KELLOGG, Esq., we discovered a large catfish near the shore of the head of Third Lake, and I suggested the idea of stopping to catch him. Mr. K. laughed heartily at the suggestion and said I could not get with- in two rods of him. I replied that he did not understand the nature of the animal, and that he was sunning and stupefied by the pleasure. The sun was shining warmly and the fish was near the top of the water, I waded out quietly and putting my hands gently, one under his head, and the other at the tail, lifted him out of the water and landed him safely upon the shore before he was awake from his stupor. He weighed thirty-five pounds!
"Judge FRAZIER, one of the Judges of the Supreme Court, appointed from Pennsylvania, was a very able judge, (when not under the influence of liquor), and remarkable for his ability, memory and knowledge of law. A term of the court was
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to be held at Madison, in July, 1838, at the old Madison Hotel, which was only partially finished. The judge came on from Pennsylvania to hold the term, but the other judges, DUNN and IRVIN, did not attend. The judge insisted on opening the court and holding the term as the law required. I informed him that there was no business and no lawyers in attendance. He said that made no difference. It was neces- sary to adopt rules, and accordingly the court was opened, the judge dictated from memory, and I wrote the rules, but they were not adopted by the other judges. The climate of Madi- son, however, at that dry time at the capital, did not suit the judge, as the "critter" or "O be joyful" was not there, except some Chinese cordial in the store of JAS. MORRISON, which Mr. BIRD had charge of, in the absence of Mr. MORRISON. This cordial was put up in a very handsome and expensive set of china-ware representing Mandarins, and by the liberality of Mr. BIRD, the whole set was emptied by the judge while hold- ing the term (about a dozen bottles). When the cordial had all leaked out, the judge took his departure, and never held another term. He died at Milwaukee, November 8, 1838. Judge A. G. MILLER was soon after appointed in his place, who proved to be a very temperate and upright jurist, and gave gen- eral satisfaction. On the organization of the state government, Judge MILLER received the appointment of District Judge of the United States Court for the District of Wisconsin, which he held until his resignation January 1, 1873, at the age of 72, having held the office of United States Judge in Wisconsin - Territory and State - over 35 years.
"The rules of practice for the district courts of the Terri- tory, were prepared by Judge MILLER, and were adopted by the judges of the supreme court at the term of 1840. These rules were published in primer form, and were the uniform rules of practice in the several district courts until after the admission of the State into the Union.
"The only men I remember living in Dane county in 1837, other than the men who came with A. A. BIRD to work on the capitol, were EBENEZER BRIGHAM at the Blue Mounds, JOHN
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KELLOGG at the same place, the two PECKS, ABEL RASDALL at First Lake, COVALLE at Second Lake, ABRAM WOOD at Wood's Point on Third Lake, and ST. CYR at the City of the Four Lakes. HORACE LAWRENCE, I think, came during the same year, and also JOHN STONER. BERRY HANEY lived at Cross Plains. I staid one night at his place, on my way to Green Bay, in September, 1836.
"Col. AB. NICHOLS, who built 'The Worser,' where the United States Hotel afterwards stood, was a noted person in early times, but, on the whole, a very good sort of man. It was he that named Mineral Point 'Shake Rag,' from a white cloth that used to be hung out to call the miners to dinner. The colonel reformed at the close of his life, united with the church, and became a sincere and devoted christian."
A. F. PRATT, Esq., of Waukesha, in the first volume of the Collections of the State Historical Society, gives a notice of Judge FRAZIER, which is re-published in connection with Mr. CATLIN's account of the early judiciary :
" The Territory of Wisconsin was organized in July, 1836. It was divided into three Judicial Districts. Judge DUNN was appointed for the Western District, Judge IRWIN for the Mid- dle, and Judge FRAZIER, of Pennsylvania, for the Eastern. Judge FRAZIER arrived in Milwaukee on a Sunday evening, in June, 1837. He put up at the small hotel which stood where "Dickerman's Block " now stands, which was called the
Tavern, kept by Mr. VAIL. On his arrival he fell in with some old Kentucky friends, who invited him to a private room, for the purpose of participating in an innocent game of " poker." The party consisted of the Judge, Col. MORTON, Register of the Land Office, and two or three others - friends of the Judge. They commenced playing for small sums at first, but increased them as the hours passed, until the dawn of day, the next morning - when small sums seemed beneath their notice. The first approach of day was heralded to them by the ringing of the bell for breakfast. The Judge made a great many apologies, saying, among other things, that as that was his first appearance in the Territory, and as his court opened at 4
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10 o'clock that morning, he must have a little time to prepare a charge to the Grand Jury. He therefore hoped that they would excuse him, which they accordingly did, and he with- drew from the party. The court met at the appointed hour - OWEN ALDRICH acting as sheriff, and CYRUS HAWLEY as clerk. The Grand Jury was called and sworn. The Judge with much dignity commenced his charge; and never before did we hear such a charge poured forth from the bench! After charging them upon the laws generally, he alluded to the statute against gambling. The English language is too barren to describe his abhorrence of that crime. Among other extravagancies, he said, that " a gambler was unfit for earth, heaven or hell; " and that " God Almighty would even shudder at the sight of one."
" At that time, we had but one session of the Legislature, which had adopted mostly the statutes of Michigan, which al- lowed the court to exercise its discretion in granting stays of executions, etc. A suit came up against a man in the Sec- ond ward, who had no counsel. The Judge ordered the crier to call the defendant. He did so, and the defendant appeared. The Judge asked him if he had anything to say against judg- ment being rendered against him. He replied, that he did not know that he had, as it was an honest debt, but that he was un- able to pay it. The Judge inquired what his occupation was. He replied that he was a fisherman. Says the Judge, " Can you pay it in fish ? " The defendant answered, that "he did not know but he could, if he had time to catch them." The Judge turned to the clerk, and ordered him to "enter up a judgment, payable in fish, and grant a stay of execution for twelve months; " at the same time remarking to the defendant, that he must surely pay it at the time, and in good fish; for he would not be willing to wait so long for " stinking fish." The next suit worthy of note, was against WM. M. DENNIS, our present Bank Comptroller (1854-57.) He, like his predecessor, had no counsel. His name was called, and he soon made his appearance. He en- tered the court room, wearing his usual smile, whittling, with his knife in the left hand. The court addressed him in a loud voice, " What are you grinning about, Mr. DENNIS?" Mr.
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D. replied, that he was not aware that he was laughing. The court inquired if he proposed to offer any defense? He replied that he did, but was not ready for trial. " No matter," said the Judge, "there's enough that are ready; the clerk will enter it ' continued.'" The next case, about which we recollect, was the trial of two Indians, who were indicted for murdering a man on Rock River. They were also indicted for an assault with intent to kill, upon another man, at the same time. The trial for murder came off first. They were found guilty, and sentenced to be hanged. On the day following they were tried for the assault, etc .. found guilty, and sentenced to five years' imprisonment, and to pay a fine of five hundred dollars each. Governor DODGE, however, deeming it too severe to fine and imprison a man after he was hanged, commuted it to imprison- ment for life. The Indians were confined in a jail a year or two, but were finally pardoned by the Governor.
"Judge FRAZIER soon afterwards went to Green Bay, and held a court, from whence, for want of a jail in which to con- fine prisoners, he sentenced a man, for some trifling offence, "to be banished to Turkey River." After the court adjourned, he returned to Milwaukee on the steamboat Pennsylvania. She anchored in the bay, and the Judge, who was dead drunk at the time, was lowered by means of a tackle, into a boat, and rowed to the landing, at Walker's Point. From the effect of this bacchanalian revel he never recovered. His friend, Col. MOR- TON, took him to his own house, called to his aid our best phy- sicians, and all was done that human skill could devise, for the restoration of his health; but it was too late; the seeds of death had been sown; he lingered in great distress for four or five days, and breathed his last .* The members of the bar, gener- ally, neglected to attend the funeral; and having no relatives in the state, he hardly received a decent burial. His remains were followed to their last resting place by only two members of the bar, (Messrs. ARNOLD and CROCKER,) besides a few friends.
* Hon. William C. Frazier, Associate Judge for the Territory of Wis- consin, died at Milwaukee, October 18th, 1838, aged sixty-two years .- American Almanac, 1840.
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they now remain in the old church yard in the First Ward, without even a slab to mark the spot.
- " The above sketch was written by us from memory, for the Wisconsin, last summer. We now republish it for the purpose of doing simple justice to the living, by adding that we have since learned that a son of Judge FRAZIER came to Milwaukee some years since, and had the remains of his father removed to the new church yard in the Fifth Ward, and prop- er tomb-stones erected over them.
" December 6, 1854."
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CHAPTER II.
LOCATION OF SEAT OF GOVERNMENT -TERRITORIAL ORGANIZATION - HON. M. M. STRONG'S EARLY SURVEYS - VISIT OF A. F. PRATT, 1837 -ARRIVAL OF EBEN PECK AND FAMILY - FEATHERSTON' HAUGH'S VISIT, 1837-ARRIVAL OF A. A. BIRD AND PARTY- W. WOOLCOCK'S ACCOUNT - DESCRIPTION OF OLD CAPITOL - MADISON HOTEL -NAMES OF WORKMEN -S. MILLS' ARRIVAL- ACCOUNT OF EARLY BUILDINGS - MRS. ROSELINE PECK'S RECOLLECTIONS.
As the history of Madison is intimately connected with the lo- cation of the seat of government, it will be necessary to give a brief account of the organization of the Territory, for a better understanding of subsequent events.
Hon. M. M. STRONG, in his address in 1870, before the State Historical Society, on "Territorial Legislation in Wisconsin," gives a full account.of the organization, and from it the follow- wing extracts have been taken:
" The Territorial Government was established by act of Con- gress approved April 20, 1836, and embraced within its bounda- ries all the territory now included in the present states of Wis- consin, Iowa and Minnesota, and a part of Dakota. Gen. HENRY DODGE was appointed Governor, J. S. HORNER Secretary, with CHAS. DUNN Chief Justice, and other officers. These per- sons took the prescribed oath of office July 4. A census of the population was soon after taken, and the time of election appointed for October 10. The election excited considerable interest, growing chiefly out of local considerations. The per- manent location of the seat of government, the division of counties, and the location of county seats, were questions that chiefly influenced the election, while the views of candidates in relation to national politics had little or no influence upon the results. The Governor, by proclamation, appointed the village of Belmont as the place for the first session of the Legislature, and October 25th as the time for the meeting.
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" 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 spirit of specu- lation, which, in the earlier part of the year 1836, had, like a tornado, swept over the whole country, and which, having in- vaded and unsettled the prices of every species of personal property, seized upon the unsold public domain, which was transferred by millions of acres from the control of the govern- ment 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 Legislature.
"Numerous speculators were in attendance with beautiful maps of prospective cities, whose future greatness was portrayed with all the fervor and eloquence which the excited imagination of their proprietors could display. Madison, Belmont, Fond du Lac and Cassville were the points which were more prominently urged upon the consideration of the members. Hon. JAMES DUANE DOTY, afterwards a delegate in Congress, and Governor of the Territory, and more recently Governor of Utah, where he died, had resided for many years at Green Bay as additional Judge of Michigan Territory. His frequent journeys in dis- charge of his judicial duties, in the different parts of the Terri- tory, had rendered him familiar with its geography and topog- raphy, and had given him superior advantages for judging of the eligibility of different points, as sites for the capitol of the Territory and future State. Judge Dory fixed upon the isthmus between the Third and Fourth of the Four Lakes, and in connec- tion with STEVENS T. MASON, the Governor of Michigan Ter- ritory, purchased from the government about one thousand acres in sections 13, 14, 23 and 24, upon the common corner of which the capitol 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 honors and ad- vantages of being selected as the seat of government. Madison town lots in large numbers were freely distributed among mem- bers, their friends, and others who were supposed to possess in- fluence with them.
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"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 Com- mittee 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 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, spirited attack was made upon it, and motions to strike out Madison and insert some other places were successively made in favor of Fond du Lac, Dubuque, Portage Helena, Milwaukee, Racine Belmont, Mineral Point, Platteville, Green Bay, Cassville, Belleview, Koshkonong, Wisconsinapo- lis, Peru and Wisconsin City; but all with one uniform result - ayes 6, noes 7; and the bill was by the same vote ordered en- grossed, and the next day passed the Council. In the House of Representatives the opposition was not so formidable, and on the 28th, the bill was ordered to a third reading by a vote of 16 to 10, and passed the same day, 15 to 11 - thus ending one of the most exciting struggles ever witnessed in the Territory of Wisconsin."
By !section 3 of the act establishing the seat of govern- ment, the sum of $20,000 was appropriated for building the capitol building, and three commissioners were required to be chosen by joint ballot ; to cause necessary public buildings to be erected at Madison ; to agree upon a plan of said buildings, and contract for their erection; one of their number to be treasurer, another acting commissioner to superintend the erec- tion of the buildings. In pursuance of this act, on the 7th of December, AUGUSTUS A. BIRD, JAMES DUANE DOTY and JOHN F. O'NEILL, were elected commissioners, and, at their first meeting, Mr. BIRD was chosen acting commissioner and Mr. DOTY, treasurer. The further history of the erection of the cap- itol building will be continued hereafter.
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On the 19th of January, 1837, the newly located seat of government was visited by Hon. MOSES M. STRONG* of Mineral Point; Mr. LEVI R. MARSH, who afterwards lived for many years at Prairie du Chien, and a Mr. POTTER from the east, who soon after returned and has not since resided in Wisconsin. These three gentlemen left Milwaukee on horseback on the 16th of January, and traveling by the way of Prairie Village (Wau- kesha), Bark river, Fort Atkinson and the half-breed's on the First Lake, they arrived at Madison in the afternoon of the 19th. They spent the night of the 18th at the half-breed's on the First Lake, where they were hospitably entertained and feasted with the luxury of a musk-rat pie. From this place, following the Indian trail along the east and north bank of the Second Lake (Lake Waubesa), they reached the south- eastern bank of the Third Lake (Lake Monona), near its outlet. Their object being to find Madison, which as yet presented no indications to mark its precise locality, except the marks and
* Hon. Moses M. Strong, son of Hon. Moses Strong and Lucy Maria Smith, was born at Rutland, Vermont, May 20, 1810, was educated and graduated at Darmouth College, in 1829, studied law at the Law School at Litchfield, Connecticut, under the charge of Judge Gould, in 1831. He practiced his profession at Rutland (1831-6). In 1833 appointed Deputy Surveyor General of Vermont. In 1836 he removed to Wisconsin and settled at Mineral Point, where he opened a law and land agency connected with surveying. In 1837 he was appointed to survey United States gov- ernment lands on the west side of the Mississippi river. From 1838 to 1841 he was United States Attorney for the Territory of Wisconsin; a Member of the Council of the Territory, 1841-2-3, and President, a Mem- ber 1843-4, 1844-5, a Member and President 1846; a member of the first constitutional convention to form a state constitution. In 1849 and again in 1856 was elected a member of House of Representatives, and was in 1850 the Speaker of the Assembly. In 1852 he was largely interested in rail- road enterprises and has been President of the La Crosse and Milwaukee Railroad and the Mineral Point Railroad. He has also been interested in the improvement of water-powers on the Wisconsin river, and also in the developement of the lead mines in the vicinity of Mineral Point. Mr. Strong was married in 1832 to Caroline Francis Green, daughter of Dr. Green, Windsor, Vermont, and has four children. Residence Mineral Point.
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monuments left by the government surveyors. Mr. STRONG had furnished himself with an accurate copy of the government plats which exhibited all the bays, capes and headlands of the lakes, and sitting on his horse, on an elevated point of the shore of the lake he had reached, he could, with his field glass, observe all of them within the range of his vision. Having fixed upon a certain bay in a north westerly direction, and upon the opposite side of the Third Lake as the one where a section line would probably intersect the shore, the exploring party after, with some difficulty, getting their horses upon the ice, took a straight course for the selected bay, and were so. fortunate as to hit the meander post set by the government surveyors about four years previously, and which marked the intersection with the lake of the section line between sections thirteen and twenty-four. Following up this section line, along what is now the center of King street, the party soon came to the corner of sections thirteen, fourteen, twenty-three and twenty-four, which is the center of the capitol park, and upon which the capitol stands. After remaining a short time and admiring the natural beauty. of the site so recently made by law the seat of government, this exploring party undertook to cross the Fourth Lake on the ice in search of ST. CYR, of whom they had been told at the First Lake, where they spent the previous night, and with whom they intended to spend this night. By some mistake or misunderstanding, the party, instead of going to the west end of the lake, went to the extreme north end, and of course missed the log cabin of ST. CYR, of which they were in search, and leaving the lake at the north end, they took a westerly course, hoping to find the wagon road from Fort Winnebago to the Blue Mounds, but the track was so obscured by the snow that they crossed it without noticing it, and traveled on until night overtook them, when they were compelled to pass the night without food or shelter for themselves or horses. The next morning Mr. STRONG found a section corner, and thus learned that they had gone several miles out of their way, and had spent the night on section twenty-one, town eight, range eight east, which is
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now the Ashton postoffice, in the town of Springfield. They soon got the correct course and went on to the Blue Mounds, and thence to Mineral Point.
During that winter Judge DOTY had employed Mr. STRONG, who was a surveyor as well as lawyer, to survey and stake off the capitol square and some lots in the vicinity. On the 17th of February, Mr. JOHN CATLIN and himself started from Min- eral Point to perform this work, and spent that night at the house of JOHN MESSERSMITH, Esq., about twelve miles east of Mineral Point, where they engaged the assistance of his son GEORGE MESSERSMITH, who, five years later, was appointed sheriff of Iowa county by Judge DoTY, then Governor of the Territory. Before the surveying party started they were joined by JOSIAH A. NOONAN, Esq., who desired to have some survey- ing done on land in which he had an interest, west of and ad- joining Madison, and lying partly upon what was called the "Little Lake " (Lake Wingra). Mr. NOONAN brought Mr. STRONG a letter from Judge DoTY, with which we have been furnished.
Mr. STRONG furnished us his diary kept during this survey, and which is as follows:
"February 17. Bought surveying chain, shirt and gloves, and same day started with Mr. CATLIN for Madison and staid at MESSERSMITH'S. Mr. J. A. NOONAN joined us, bringing a letter from Judge DOTY, and will go with us to Madison.
"February 18. Bought at BRIGHAM's provisions for the ex- cursion at $15.00, and went on to STEEL's, on Haney's creek (this was near the Cross Plains station on Black Earth creek), NOONAN and GEORGE MESSERSMITH in company.
" February 19. Went to ST. CYR's and finished NOONAN's work on north side of Fourth Lake, and slept at St. CYR's.
" February 20. Finished meanders on Fourth and Little Lake, and camped on Little Lake.
"February 21. Finished NOONAN's meanders on Third Lake, and he paid me $70 for myself and CATLIN, and then com- menced DOTY's work at Madison.
" February 22. Continued DorY's work at Madison. Camped
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there (the camp, which was only the lee side of a large fallen oak tree - was on the shore of the Fourth Lake, near the foot of Hamilton street), and at daylight were driven off by a severe snow-storm, and went to ST. CYR's and spent the day.
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