USA > Wisconsin > An illustrated history of Wisconsin from prehistoric to present periods : the story of the state interspersed with realistic and romantic events > Part 33
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At the July session of the legislature in 1848, the following commissioners were elected to revise the statutory laws : M. Frank, C. S. Gordon and Alexander W. Randall. Mr. Randall declining to serve, C. M. Baker was appointed by the governor to fill the vacancy. The report of the commissioners was presented to the next session of the legislature, examined by that body, and adopted, with some few amendments, at its January session, 1849. "The Revised Statutes of Wisconsin," as thus revised, was printed at Albany, in 1849. This was a volume of eight hundred and ninety-nine pages, octavo.
At the fall election of 1848, Charles Durkee, Orsamus Cole and James D. Doty were elected members of congress. At the general election in the United States at this time, it will be remembered, General Zachary Taylor was elected president, and Millard Fillmore, vice-president.
One of the first acts passed during the second session of the legislature was "An act relating to interest." According to the conditions of this act, any rate of interest agreed upon by the parties to a written contract should be legal and valid and, that when no interest was specified, seven per cent. was fixed as the legal rate. The passage of this law had the effect to bring capital into the state, and to greatly stimulate private investments as well as the general development of the country. This law was afterwards repealed.
The first session of the supreme court of the state of Wisconsin convened on the 8th day of January, 1849, with A. W. Stowe, as chief-justice, E. V. Whiton, M. M. Jackson, Charles H. Larrabee, and Levi Hubbell, associates. On January 30, 1849, the first organization of the State Historical Society was per- fected. Nelson Dewey was elected its first president, with one vice-presi- dent from each of the counties in the state. The Rev. Charles Lord was elected recording secretary; I. A. Lapham, corresponding secretary ; E. M. Williamson, treasurer; John Catlin, Beriah Brown and Alexander Botkin executive committee.
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During the year 1849, the preliminary steps for the organization of a school for the blind, to be located at Janesville, were made. A school of this kind had previously been supported by voluntary efforts of the people at Janesville and vicinity. In February, 1850, the Wisconsin Institution for the Blind was organized by an act of the legislature.
The congressional elections, held in 1850, elected Charles Durkee, Ben- jamin C. Eastman and James D. Doty members of congress. On September 19, 1850, the state Democratic convention placed in nomination the following persons : For governor, Don A. J. Upham ; lieutenant-governor, Timothy Burns; secretary of state, William A. Barstow ; treasurer, Edward H. Janssen ; attorney-general, Charles Billinghurst ; state superintendent of schools, Azel P. Ladd.
The Whig state convention, on September 24th, placed in nomination Leonard J. Farwell for governor ; James Hughes, lieutenant-governor; Robert W. Wright, secretary of state; Jefferson Crawford, treasurer ; John C. Trues- dell, attorney-general. At the election in November, the Democratic ticket was elected, except Don A. J. Upham. Leonard J. Farwell, the Whig candi- date, had a majority of five hundred and sixty votes.
In September, 1850, all the swamp and overflowed lands within the pres- ent limits were donated to the state by congress.
CHAPTER XXXVII.
ADMINISTRATION OF LEONARD JAMES FARWELL.
1852-1854.
Legislative Enactments .- Impeachment Trial of the Hon. Levi Hubbell .- Railroad Mania .- Elections.
LEONARD JAMES FARWELL was Wisconsin's second distinguished state governor. Mr. Farwell was the son of Captain James Farwell, of Watertown, New York, where he was born January 5, 1819. In 1824, Captain James Farwell died, and in 1830 the only son was left an orphan, upon the death of his mother, Mrs. Rebecca Cady Farwell. Thus Leonard J., at the early age of eleven, was left a penniless, uneducated orphan. After attending a district school until his fourteenth year, he entered a dry goods store, but this occupation being distasteful to him, he learned the tinner's trade, and at the same time applied him- self to the rudimental study of book- keeping, and the fundamental principles of trade and commerce.
In 1838, Mr. Farwell settled at Lockport, Illinois, and without any other capital than his kit of tools, his knowledge of his trade, and a large stock of en_ ergy and perseverance, he opened a tinshop and hardware store, and soon built up a good business. On his twenty-first birthday, January 5, 1840, he sold out his business interest at Lockport, and removed to Milwaukee, where he opened a hardware store on an extensive scale. Mr. Farwell's complete knowledge of the business in which he was engaged, together with his great energy and ability, soon enabled him to build up the largest and most lucrative wholesale house in Wisconsin, and one of the largest in the west. After having made a tour to the West Indies, in 1846, he returned and purchased a large tract of property, upon which the city of Madison is now situated, together with the water-power at the outlet of Fourth lake.
In 1847, Mr. Farwell made an extended tour of the Old World, visiting, during the next three years, all the principal points of interest in Europe, Asia, Africa and Great Britain. Upon his return from abroad, he disposed of his business in Milwaukee, and invested largely in enterprises at Madison,
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Wisconsin, among which were the establishment of a woolen factory, machine- shops and founderies. He was instrumental to a large extent in making Madison the beautiful city it now is.
In 1851, Mr. Farwell was nominated for governor by the Whig party, and, although the rest of the Whig nominees were defeated, he was elected. In ten years Mr. Farwell had accumulated a vast fortune, visited most of the civilized countries of the world, built a city, and become the chief executive of his adopted state. As governor, Mr. Farwell took the same interest in the en- tire state that, as a private citizen, he had taken in his own affairs, and the affairs of those intrusted to his care, and, although the legislature was polit- ically opposed to the governor, yet such important recommendations as the establishment of a separate supreme court, a state banking system, a geological survey, an immigration agency, and other equally important measures were carried into effect by that body.
In 1857, Mr. Farwell's railroad investments having proved a failure, he retired to his farm near Lake Mendota, Madison, where he superintended the erection of the building for the State Hospital for the Insane. In 1859, he was elected to the state legislature, in 1863 made assistant examiner in the patent office at Washington, and, three months later, appointed chief-examiner of new inventions, which position he occupied until 1876.
Upon the night of the assassination of Abraham Lincoln, Mr. Farwell was in Ford's theatre, and, immediately after the shooting, he comprehended that the conspiracy was so extensive that the principal officers of the administra- tion would likewise be assassinated. He therefore, with all speed, hastened from the theatre to the room of Vice-President Johnson, and arrived in time to prevent Adtzerot from executing his part in the terrible plot. For saving his life, Mr. Johnson tendered to Mr. Farwell any position under the administra- tion he desired, but the offer was declined, upon the ground "that public of- fices should not be used for the payment of debts of gratitude."
Chicago's great fire, in 1872, inflicted another severe financial blow to Mr. Farwell, which necessitated his removal to Grant City, Missouri, where he engaged in the real estate and banking business up to the time of his death, which occurred on April 1, 1889.
Mr. Farwell, as an able, honest, patriotic and energetic citizen, as well as a public officer, should be remembered with great kindness and gratitude by the people of Wisconsin.
Among the important measures introduced in the legislature of 1852, which became a law, was an act for the completion of the improvement of the Fox and Rock rivers, by which act all the unsold lands granted by congress, esti- mated at about two hundred thousand acres, should be brought into the mar- ket at a minimum price, not less than two dollars and fifty cents per acre. A
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bill was also passed providing for the establishment of a commissioner of im- migration for the state, with an office located in the city of New York. The salary of the commissioner was fixed at $1,500, and the sum of $1,250 was al- lowed for printing information concerning the interests of the state in English, German and other languages, for free circulation.
At the same session of the legislature, bills were passed granting thirty- one plank-road charters, and thirty charters for railroads, villages and cities, bridges and ferries. Perhaps one of the most important subjects passed upon was the banking question, as a large majority of the people had declared in favor of the organization of state banks. Their representatives were sent to the capitol, with positive instructions to take such steps as would secure the constitutional establishment of banking interests.
On April 19th, the legislature approved of the act incorporating the Wis- consin Institute for the Education of the Deaf and Dumb. This institution was located on a valuable tract of land near the village of Delavan, in Wal- worth county, and consisted of eleven and a fraction acres. This site was donated to the state by F. K. Phoenix, a member of the board of trustees. A few years later, the trustees purchased twenty-two acres, lying on three sides of the original site.
The year 1852 was the year of railroad mania in the state. Engineers were everywhere busily engaged in surveying roads from the various points. Beloit to Madison, Janesville to Milwaukee, Milwaukee to La Crosse, Chicago, Green Bay and Fond du Lac, and from Racine to the Illinois state line.
At the fall election of 1852, E. V. Whiton was elected chief-justice of the supreme court, and Samuel Crawford and Samuel Smith, associate justices. The defeated candidates were Charles H. Larrabee, Marshall M. Strong, and James H. Knowlton. B. C. Eastman, John B. Macy and Daniel Wells, Jr., were elected members of congress. The Democratic electoral ticket was chosen, which electors cast their votes for Franklin Pierce for president of the United States.
The most important matter brought before the legislature was the pre- ferring and filing of charges against the Hon. Levi Hubbell for alleged cor- ruption and malfeasance in the performance of his duties as judge of the Second judicial circuit of the state. The charges were preferred by William K. Wilson, on January 26, 1853. The assembly appointed a committee of five to exam- ine the charges, and on February 23d, the committee so appointed reported that it had taken testimony upon the subject of the charges, and upon the proof so taken found Levi Hubbell had been guilty of divers acts of corruption and malfeasance in the performance of said duties in said office, as set forth in the charges and specifications against him, and that public justice required that said judge, Levi Hubbell, be removed from his office as judge of the
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Second judicial circuit. On March 4th, a resolution was adopted appointing a committee to report articles of impeachment. On the 22d of March, the committee reported that it had performed the duty assigned.
On June 8th, the senate, by message, informed the assembly that they were ready to proceed with the trial of the Hon. Levi Hubbell, in the senate chamber. The trial of impeachment in the senate was conducted, on the part of the state, by E. G. Ryan, Esq., afterwards chief-justice of the supreme court. Judge Hubbell, the respondent, was ably defended by Messrs. Jona- than E. Arnold and James H. Knowlton. There were eleven articles of im- peachment, and sixty-eight specifications of the same. After a full trial, the senate, on the 9th day of July, 1853, announced that judgment had been taken on all the articles of impeachment, and upon the respective specifications there- under, and that there was not a sufficient number, according to the constitution, who had voted to find the respondent guilty of any of the charges and specifica tions. The president of the court arose, and declared that the Hon. Levi Hub- bell, judge of the Second judicial circuit, was fully acquitted of all the charges preferred against him in the several articles of impeachment.
The report of the state bank comptroller showed that there were twelve banks doing business under the general banking laws, during the year 1853. That the total amount of circulating notes issued by the respective banks, and outstanding on the 31st of January, 1854, was $593,066.00, for the redemp- tion of which securities amounting to $608,000.00 had been assigned to the state treasury.
The official vote of the state at the fall election of 1853, gave William A. Barstow, the Democratic nominee for governor, 30,405 votes, and E. D. Holton, the Free Soil nominee, 21,286.
CHAPTER XXXVIII.
ADMINISTRATION OF WILLIAM AUGUSTUS BARSTOW.
1854-1856.
Testing the Fugitive Slave Law .- School Land Fraud .- Growth and Prosperity of the State .- Elections .- Census.
WILLIAM AUGUSTUS BARSTOW, one of Wisconsin's most efficient gov- ernors, was born at Plainfield, Connecticut, September 13, 1813. The Bar- stows came from Yorkshire, England, where the name was a distinguished one. William Augustus and his brother Samuel H. engaged in business at Norwich, Connecticut, for several years prior to 1834, at which time William Augustus entered into partnership with another brother, Horatio N., at Cleveland, Ohio, and shortly built up an extensive milling business. The financial crisis of 1837, however, compelled the brothers to sus- pend business. After their affairs were settled up, William Augustus, in 1839, removed to Prairieville, and purchased the water-power and adjacent one hun- dred and sixty acres of land upon which Waukesha is now situated. At this place he erected a flouring-mill and opened a store. He was soon at the head of a prosperous business. In those days Waukesha was called the " Hub," as it was the great political center of the territory of Wisconsin.
Mr. Barstow became prominent in politics in 1841, upon his appointment as postmaster and one of the three county commissioners of Milwaukee county, which then included what is now Waukesha county, and, while acting in this capacity, in 1846, caused the creation of Waukesha county. In 1849, Mr. Barstow was elected secretary of state by the Democracy. While acting in this capacity, he was charged with the difficult task of bringing into the market and selling the state school lands. It has been said that no secretary has been called upon to perform more arduous, new or important duties than he.
In 1853, Mr. Barstow was elected governor by the Democrats and took his seat in January, 1854. His first message showed unusual ability, while his appointments were both creditable and satisfactory. Among his appoint- ments was that of the poet, James G. Percival, who succeeded Edward Daniels as state geologist. Mr. Barstow was again nominated for governor in
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1855, his opponent being Coles Bashford. This was a campaign of unparalleled bitterness. After the violent contest was over, the returns showed that Gov- ernor Barstow was defeated by a few votes. The board of canvassers, how- ever, accepted some supplemental returns from the backwoods, which would have made him governor, had it not transpired that they were in every respect fraudulent.
The counting in of Mr. Bashford was carried to the supreme court, which, in due time, enabled Mr. Barstow to ascertain the spurious character of the supplemental returns. As soon as Mr. Barstow was convinced of the fraudu- lent nature of the supplemental returns, he resigned his position as governor, which was greatly to his own honor, although some of his constitutents, who laid the scheme to corrupt the purity of the ballot and overthrow the will of the people, were very much displeased.
Mr. Barstow, as head of the Democracy, became the political target for all the criticism and odium which his opponents could cast, as well as many of his old-time colleagues, who were interested in preparing the spurious returns.
After becoming a partner with Alexander E. Gray and E. M. Hunter, in the banking business at Janesville, which proved disastrous, Mr. Barstow returned to milling, which he followed until he entered the army, as colonel of a regiment of cavalry, recruited by himself in 1861. In 1862, Mr. Barstow's health being somewhat impaired, he was made provost-marshal general of Kan- sas, and given the hard task of cleaning that fiery section of guerrillas. The next year, in 1863, he was detailed upon court-martial duties, which lasted until March 4, 1865. He then went to Leavenworth, for the purpose of en- gaging in business, and was there taken sick and died on December 13, 1865.
Mr. Barstow, in his younger days, was considered the handsomest man in Wisconsin. He was extremely popular with all classes that personally came in contact with him. His friendships were sincere and lasting, while there was no sacrifice too great for him to make for those he loved. He was a close friend and associate for many years of Alexander W. Randall and, like James D. Doty, had no enemies except political ones.
The "fugitive-slave law" in Wisconsin was not tested until 1854. One Josiah Glover, a runaway slave, was employed in a mill on the Milwaukee road, near Racine. On the night of the 10th of March, between seven and eight o'clock, while playing cards with three colored companions in a neighbor- ing cabin, there suddenly appeared on the scene a United States deputy mar- shal from Milwaukee and five assistants, accompanied by Benami S. Gar- land, a Missourian, who claimed to be the owner of Glover. After a desperate struggle, in which Glover was quite badly cut up, he was placed in irons, thrown into a wagon and carried to Milwaukee. The night was extremely cold, and in order to add to his miseries the fugitive was frequently kicked and
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beaten while on the way by the brutal Missourian, who frequently threatened him with more serious punishment upon his return to the plantation. It was nearly morning when they reached Milwaukee, where the slave was thrown into the county jail, and it was not until several hours later that his wounds were dressed by a surgeon.
Sherman M. Booth, who at this time edited the "Wisconsin Free Demo- crat," was among the first to learn of the Glover affair, and, at an early hour that morning, was riding up and down the streets distributing hand-bills turned out of his printing-office, and giving news of the calling of an indigna- tion meeting. While riding through the streets he frequentlyshouted, "Free men to the rescue !" Booth's meeting proved a great success. General James H. Paine, Dr. E. B.Wolcott, F. J. Blair, Booth and numerous others made speeches and adopted resolutions insisting on Glover's right to writ of habeas corpus and a trial by jury. The writ of habeas corpus, which was issued by the local judge, was not obeyed, either by the United States district judge, A. G. Miller, or by the Milwaukee sheriff. Upon receiving this news, the crowd which had gathered at the court-house, being reinforced by a delegation of about one hundred from Racine, became furious, marched to the jail and demanded the prisoner. The United States deputy marshal in charge refused to deliver up the prisoner, upon which the crowd attacked the frail structure with axes, beams and crowbars, and rescued Glover about sunset, and sent him to Wau- kesha, where his wounds were properly attended to. Glover was soon back in Racine, and within a short space of time escaped to Canada's free soil. Booth was arrested for aiding in the escape of the fugitive slave. The supreme court of the state discharged him on a writ of habeas corpus. In July he was in- dicted in the United States district court, but the supreme court interfered and again discharged him. In the first case which came before the supreme court Chief-Justice Whiton decided that the fugitive slave act was unconstitutional and void, as it conferred judicial powers on court commissioners, and deprived the accused of the right of trial by jury. In the second case which came before the supreme court, the decision was that the warrant of arrest was irregular and void.
The United States supreme court, however, reversed the decision of the state court, and Booth was again arrested in 1860, but shortly after pardoned by the president.
Garland, the Missouri slaveholder, was arrested in Racine for assault and battery, but was released by Judge Miller upon a writ of habeas corpus. Upon his release he hurried back to his Missouri plantation. While the people at Ra- cine and vicinity had no further occasion to take the law into their own hands in the defense of humanity, yet they frequently engaged in assisting slaves to escape on the "underground railroad."
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The occurrence, in 1854, of what is known as the "School Land Fraud" created much excitement throughout the state, and had the effect indirectly of materially injuring the Democratic party. In 1854, the Argus and Democrat, one of the leading state papers, announced as on authority that all the school lands then subject to entry were purchased on the 20th of April, at the ap- praised value. James Ludington, the president of the Bank of the West, was the purchaser. Mr. Chapman, cashier of the Bank of the West, stated that the amount of the purchase would be from fifty thousand to two hundred thousand acres. According to Section 32, of the Revised Statutes, every person making application for the purchase of school or university lands should produce to the secretary of state an application in writing, describing the tract of land which he proposed to purchase, by the number of section, township and range, and the subdivision of the section. The statute required the purchaser's name to be subscribed to the application, which application the secretary was re- quired to file and preserve in his office. The application of Mr. Ludington was a "blanket" application, and intended to keep the doors of the land-office closed, as against other purchasers, until Mr. Ludington and his agents should select the most desirable tracts. Even Mr. Ludington's lists were prepared by clerks in the land-office. Mr. Ludington, after receiving the; lists prepared in the land-office, selected about seventy thousand acres of the most desirable tracts; then the remaining lands were again put into the market. Thus the doors of the land-office had been closed as against parties desirous of purchas- ing for actual improvement, and the officers and clerks assisted a speculator to make his application from the public records. This sale, and the manner in which it was conducted, were an outrage on the people, and a disgrace to those whose duty it was to protect the people in their rights.
The commissioner of immigration reported that he had received numer- ous letters of inquiry at the New York office, and that, during the period of eight months prior to his report, three thousand people had visited the New York office, of whom two thousand came from Europe. These visitors were principally Germans. Their visitation was undoubtedly due to the fact that thirty thousand pamphlets had been distributed abroad. It was estimated that the number of Germans arriving in Wisconsin in 1853 was between sixteen thousand and eighteen thousand. The number of Irish, between four thou- sand and five thousand. In 1854, about fifteen thousand Norwegians and Swedes came to Wisconsin. The able and efficient Mr. Haertel had only entered upon the duties of his office on May 1, 1853.
The Milwaukee & Mississippi Railroad Company completed its road as far as Madison in the month of May, 1854, and, on the 23d, a great celebra- tion was held at Madison. The opening of this road added an impetus to immigration and the development of the country. Up to this time, it will be
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remembered that the grain raised near Madison and vicinity had to be drawn to Milwaukee by teams, the expenses on the road frequently absorbing more than the profits.
Governor Barstow's message to the state legislature, convened January 10, 1855, opened with an appropriate reference to the results of the past year, as affording the people of the state reasons to indulge in congratulations to an extent never before warrantable.
The condition of the school fund he reported as highly flattering, and that there would be for distribution, the following year, $142,431.29, about ninety- three cents to every child in the state. He stated that the bank comptroller reported the amount of bank circulation at $937,592.00, secured by a deposit of stocks amounting to $1,033,000.00. The governor also referred to the institutions of the state being in a promising condition, and that public im- provements were being carried forward as rapidly as possible. The state prison he reported as nearly completed, and of a permanent and substantial character, being fire-proof. He urged liberal provisions for the deaf and dumb and blind institutions. He also referred to his former message on the impor- tance of providing for the sale of swamp and overflowed lands granted to the state by an act of congress, approved September 28, 1850, numbering about one million six hundred and fifty-one thousand and sixty-two acres.
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