USA > Wisconsin > An illustrated history of the state of Wisconsin : being a complete civil, political, and military history of the state, from its first exploration down to 1875 > Part 13
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75
Unfortunately for the luckless fugitives, at this moment (ten in the morning) the steamboat " Warrior" returned to the scene of her exploit on the preceding evening, and opened fire with her cannon on the fugitives (men, women, and children), who were huddled together on the islands referred to; and at the same time she sent her two boats to transport the regular troops, under Col. Taylor, to the islands, to complete the work of destruction. As may be readily supposed, the scene no longer deserves the name of a battle, as it possessed none of the characteristics of one. It was, in truth, a massacre of unresist- ing Indians of every age and sex ; and, of the entire party, only one escaped.
174
HISTORY OF WISCONSIN.
In this important engagement, the battle of the Bad Axe, Aug. 2, 1832, the whites lost twenty-seven killed and wounded ; while of the Indians it is supposed that one hundred and fifty were killed. It is said by an eye-witness, that, " when the Indians were driven to the bank of the Mississippi, some hundreds of men, women, and children, plunged into the river, and hoped, by diving, to escape the bullets of our guns. Very few, however, escaped our sharpshooters; and those who did escape to the western bank of the Mississippi were butchered in cold blood by a party of Dakotas, -their hereditary ene- mies, - who had been brought there for that purpose by the Federal officers.
This was the finishing stroke of the war. The vengeance of the government, like the mutterings from Moloch in the Valley of Tophet, having been appeased by the sacrifice of the squaws and their children, if not by that of the braves who had fallen by hunger or the rifle-ball, no longer asked for blood; while the settlers in Illinois and Wisconsin, no longer annoyed by "the monsters " who had dared to ask a restoration of the homes and the graves of their fathers, turned back to enjoy the plunder of which their cruelties had confirmed the possession. Soon after- wards, the gallant chief-worthy a better fate -surrendered himself into the hands of the Federal authorities; and, like many a patriot in ancient times, he was chained to the car of the victor, and gave éclat to the triumphal march of the con- queror through the country.
CROSSOUP & WEST-SEEHILAL
durant Prochead
CHAPTER XV.
THE NORTH-WESTERN TERRITORY.
The Old North-western Territory - Virginia's Jurisdiction - Ordinance of 1787 - Organization of Indiana, Michigan, Illinois, and Wisconsin Territories - The First Settlers of Wisconsin -Green Bay - Military Government- Courts and Trials.
THE judicial and legislative history of what is now known as the State of Wisconsin is so intimately connected with that of the adjacent Territory, that it will be necessary to give, in an abridged form, a history of the whole, or what is usually known as the North-western Territory.
In consequence of the conquest of the Illinois country by Col. George Rogers Clark, Virginia claimed the Territory of which what is now Wisconsin formed a part, but 1783. ceded it to the General Government March 1, 1784. At the pacification of 1783, Great Britain recognized the north- ern lakes as the boundary ; but, as several of our States passed acts thwarting the collection of British debts, Great Britain refused to surrender the North-west Territory until 1796, when it was yielded, under provision of Jay's Treaty, the preceding year.
Meanwhile, a government was provided for the territory north-west of the Ohio River by the celebrated ordinance of July 13, 1787. On the 7th of August, 1789, an act of Congress was passed to give full effect to the ordinance of 1787, and to adapt it to the Constitution of the United States, providing for the organization of a government consisting of executive, legis- lative, and judicial departments.
By the Act of Congress approved May 7, 1800, it was pro- vided that all that part of the territory of the United States lying north-west of the Ohio River, with certain specified boun-
176
177
HISTORY OF WISCONSIN.
daries (including Wisconsin), should be constituted a separate Territory, called the Indiana Territory ; and by an act of Con- gress of Jan. 11, 1805, the latter Territory was divided, and the Territory of Michigan was organized; and the same pro- visions were made respecting the tenure of office of the judges, and other offices, as in the original ordinance. By this organi- zation, what is now Wisconsin was not included in the Michi- gan Territory, but remained a portion of Indiana Territory.
By an Act of Congress approved Feb. 3, 1809, a division was made of Indiana Territory, and a separate Territory consti- tuted, called Illinois; and, by the provisions of this act, Wisconsin then became a part of the new organi- 1809. zation. Illinois was admitted as a State by act of Congress of April 18, 1818, which established the north boundary of that State at forty-two degrees and thirty minutes north latitude, and provided that all the remaining part of the North-west Territory lying north of such northern boundary should be attached to,. and made part of, Michigan Territory ; including all of the present State of Wisconsin, part of Iowa, all of 1818.
Minnesota, and a part of what now constitutes the Territory of Dakota. The only settlements which had been made up to: this time, within what now constitutes the State of Wisconsin,. consisted, principally, of French and English traders, and were' at, and in the vicinity of, forts and trading-posts; those at Green Bay and Prairie du Chien being the only ones of any particular importance. By the treaty of peace of 1783, and by Jay's Treaty of 1795, it was stipulated by the English Govern- ment, that the North-western Territory, with its forts, trading- posts, and dependencies, should be surrendered and transferred to the United States; and all the inhabitants, of whatever nation, then residents of the country, were to be protected in: the full and peaceful possession of their property, with the. right to remain in, or, at their option, to withdraw, with their effects, from the country ; and one year was allowed them to make their election. All who did not withdraw within that period were to be deemed American citizens, allowed to enjoy all the privileges of citizenship, and to be under the protection: of the government.
But few of the settlers left the country; but of those who.
12
178
HISTORY OF WISCONSIN.
remained nearly all who were French or English were subse- quently found in the ranks of the enemies of the United States. Several bore commissions under the King of England, and, with their English allies, assisted in taking Mackinac, Detroit, Prai- rie du Chien, and other places during the war of 1812-15.
Notwithstanding these treaty stipulations, the jurisdiction which the United States exercised in the Territory previous to the war of 1812 was nominal rather than real; and, during the war, nearly all of this portion of the North-west was in the pos- session of the British ; and the few Americans who resided here were, in fact, subject to their authority. At the termination of the war, actual possession was taken by the American troops in the North-west.
IIon. H. S. Baird of Green Bay,1 who settled at that place in 1824, says, " At that date there were at the ' Bay' but six or eight resident families, and the families of the officers sta-
tioned at Fort Howard, in number about the same.
1824.
The character of the people was a compound of civili- zation and primitive simplicity, exhibiting the polite and lively characteristics of the French, and the thoughtlessness and improvidence of the aborigines. With few wants, and contented and happy hearts, they found enjoyment in the merry dance, the sleigh-ride, and similar amusements, and, doubtless, experienced more true happiness and contentment than the plodding, calcu- lating, and money-seeking people of the present day. The
" Mr. James W. Biddle of Pittsburg, Penn., states, that, in the fall of 1816, he was connected with Col. James Thomas in the supply of the troops at Detroit, Mackinaw, Chicago, and Green Bay, with an understanding that a military post should be established at the latter place within the year. The post at Mackinaw was then under command of Col. Talbot Chambers; but in August, or there- abouts, Col. John Miller, afterwards Governor of Missouri, arrived, and, taking command, determined on establishing a post at Green Bay. Vessels were accord- ingly chartered; and three companies of riflemen and infantry were put on board. Mr. Biddle supplied the provisions. In the month of October, 1816, the troops were occupying quarters prepared for them by Col. Gratiot, the engineer who accompanied Col. Miller to the post. The fort at Green Bay, called " Fort How- ard," was built lower down Fox River, and nearer the lake, than any of the settle- ments, and on the right as you ascended the river. This fort was an important point in Wisconsin; and its history under the various military officers of the United States, some of whom were subsequently prominent and distinguished in the Mexican war, would make an interesting chapter, if it could be written out, of early frontier times.
-
179
HISTORY OF WISCONSIN.
buildings and improvements in the country were then few, and circumscribed within a narrow compass, and, in a great degree, partook of the unpretending and simple character of their occu- pants."
At the time Wisconsin became a part of Michigan Territory, in 1818, Gen. Lewis Cass was its governor, and continued to hold that office until 1832; but though a part of Michigan, which had been fully organized as a Territory, with its laws and courts, and officers to administer and execute them, still the rule that bore sway was substantially military until 1824, when civil authority became fairly established in this part of the North-west. While this state of affairs continued, offenders against the laws were sent from these remote settlements to Detroit for trial, or, perhaps, more usually escaped prosecution.
The military code, such as it was, more than supplied the deficiencies of the civil; and it not unfrequently happened that military commandants would so arbitrarily exercise the powers which they practically possessed, as to produce great injustice and oppression, and render the condition of the citizen ex- tremely uncomfortable.
The proceedings of these military tribunals were speedy, short, and decisive; and their decisions were rigorously exe- cuted. The delinquent debtor or unfortunate culprit had little to hope from " the law's delay ; " and, while the proceedings of these tribunals were summary and exceedingly arbitrary in their character, it is probable, that, in many instances, the ends of justice were substantially attained.
Col. Ebenezer Childs, in his " Recollections of Wisconsin," published in vol. iv. of the "Collections of the State Historical Society of Wisconsin," gives many instances of. the tyranny of the military officers at Fort Howard over all civilians. Judge J. P. Arndt was refused the privilege of maintaining a ferry across Fox River, for which he had obtained a license from the proper authorities, and, on his crossing the river, was arrested, and carried by numbers of the troops to the fort. Judge Arndt subsequently commenced suit against the commanding officer for false imprisonment ; and the latter was fined fifty dollars and costs ; and the court decided that .Fox River was a public highway, and any properly-licensed persons could
-
180
HISTORY OF WISCONSIN.
maintain a ferry, and the military had no right to interfere. Numerous cases of the military tyranny of Major, afterwards Major-Gen. Twiggs are reported.
Although the country was principally subject to military rule for eight years prior to 1824, it was not entirely so, as there was a species of civil authority occasionally exercised in a few places by justices of the peace, and judges of the county courts of Brown and Crawford Counties; but they seem to have enjoyed, for the most part, only a divided authority with the military commandants. Among these early judicial func- tionaries was the notable Charles Reaume, concerning whose proceedings many amusing anecdotes are recorded in the Col- lections of the State Historical Society, and in Mrs. Kenzie's " Waubun;" but it is a matter of doubt as to the source whence he derived his appointment, if, indeed, he ever had any. It is said by some, that he was appointed by Gen. Harrison, then the governor of Indiana Territory, in 1802 or 1803, while Wis- consin was included within its limits. That he was de facto judge or justice, history abundantly testifies, as well as that his authority was tacitly acquiesced in by all.
Until 1823, all that part of the Territory of Michigan now forming the State of Wisconsin had no separate courts, except county courts of very limited civil and criminal jurisdiction, and justice's courts. All important civil cases, and all criminal . cases, except for petty offences, were tried by the Supreme Court at Detroit. Suitors and witnesses were consequently compelled to travel, at a great expense, a distance of from four hundred to eight hundred miles to attend court. The only mode of conveyance in those days was by sail-vessels during about six or seven months in the year : the remainder of the year there were no means of travel either by land or water.
In January, 1823, an act of Congress provided for the appointment of an additional judge for the counties of Brown, Crawford, and Michilimackinac. That court had concurrent civil and criminal jurisdiction with the Supreme Court of the Territory, subject, however, to have its decisions taken to the Supreme Court by a writ of error. The law provided for hold- one term of court in each year in each of the counties named in the act. The late Hon. James Duane Doty, was appointed
CROSSCUP D VIEST
Leandro F. Frisby
182
HISTORY OF WISCONSIN.
judge of this court at its organization, and held the office until May, 1832, when he was succeeded by Hon. David Irvin. This court continued until 1836, when it was abrogated by the organization of the Territory of Wisconsin.
On the 16th of October, 1818, all the country now included in and constituting the State of Wisconsin, being then a part of Michigan Territory, was divided into two counties, Brown and Crawford, by an act of legislative council of that Territory. Brown County included all the territory east of a line drawn due north from the northern boundary of Illi- nois, through the middle of the portage, between the Fox and Wisconsin Rivers. Crawford County embraced the territory between the Mississippi River and the western boundary of Brown County. And on the 9th of October, 1829, by act of the Legislative Assembly of Michigan, Iowa was formed from that portion of Crawford County lying south of the Wiscon- sin River ; and on the 6th of September, 1834, the western boundary of Iowa County was changed to the line between the Green Bay and Wisconsin land districts, which was a north and south line from the northern boundary of Illinois on the range line between ranges eight and nine.
It may not be improper to notice, that within the boundary of Crawford County, as originally constituted, is included what is called the "Carver Grant," which has excited considerable attention, and to which, probably, thousands had acquired titles within the last fifty years. The pretended grant was from the Falls of St. Anthony, running along the east bank of the Mississippi, nearly south-east, as far as the mouth of Lake Pepin, where the Chippewa River joins the Mississippi, and from thence eastward five days' travel, counting twenty English miles per day, and from thence north six days' travel, and from thence back again to the Falls of St. Anthony on a direct straight line. Within these boundaries would be at least six millions of acres, or about ten thousand square miles. This grant is said to have been made to Capt. Carver on the first day of May, 1767, for and in consideration of his services to the Nan-do-wissies, the Dakota or Sioux, by Haw-no-paw-ja- tin (the Turtle), and O-toh-ton-goom-lish-can (the Snake), two chiefs of that tribe or nation.
183
HISTORY OF WISCONSIN.
Without going into full particulars of the history of this claim, it is only necessary to say, that every effort was made by the heirs of Capt. Carver to obtain a confirmation of this grant from the government of Great Britain, and the Congress of the United States; but neither government would acknowledge it. A history of this claim, the evidences upon which it is based, and the reasons for disallowing it, may be found in an article by D. S. Durrie, published in vol. vi. of the "Collections of the State Historical Society of Wisconsin."
On the 6th of September, 1834, Milwaukee County was established, and set off from Brown County, and fully 1884. organized, including within its limits all the territory bounded by the south and east lines of the present State, north to the north line of townships numbered twelve, and west to the range line between ranges eight and nine.
The terms of the District Court for the counties of Michili- makinac, Brown, and Crawford, which was established by the Act of 1823, were held once in each year in each of those counties.
Although Judge Doty had received his appointment in 1823, yet he did not arrive in the district until midsummer ; and no regular term of court was held that year. In October, 1824, he appointed and held a special term, for the trial of criminal cases at Green Bay. At this term the first grand jury was empannelled in Brown Country ; and Hon. Henry S. Baird, who was the pioneer lawyer of Wisconsin was appointed district attorney. A large amount of criminal business was brought before the Grand Jury. Forty-five indictments were found and presented to the court, - one for murder, on which there was a conviction ; some for assault and battery, larceny, selling spiritu- ous liquors to the Indians, and last, but not least, twenty-eight cases for illicit cohabitation. The large number of the latter class arose from the practice, adopted by the traders and French inhabitants, of taking Indian women as wives, according to the custom of the natives. Those cases were generally disposed of in this manner : The defendants were brought into court on a warrant : most of them pleaded guilty, when the Court suspended sentence until the close of the term, with the intima- tion that all who presented the Court, in the interim, certificates
184
HISTORY OF WISCONSIN.
of legal marriage, would be let off by paying a nominal fine ; which fine was afterwards fixed at one dollar and the costs of prosecution. Some of the delinquents refused to marry, and were fined fifty dollars and costs, with the further intimation, that should they continue to live in the same condition, and be again indicted, they would be subjected to the highest penalty of the law, - fine and imprisonment. One case excited consid- erable amusement in court. A party who had been indicted at the first term, and refused to marry, and paid a fine of fifty dollars, not having the fear of the statute in such cases made and provided before his eyes, and disregarding the friendly admonition of the Court, continuing to live in the same primitive style of connubial felicity, was again indicted at a subsequent term. Before the grand jury had returned the indictment into court, the delinquent was informed of the find- ing of the bill, and advised to marry before the opening of the court on the next morning, otherwise he would be severely dealt with. On reflection, he thought it prudent to take his friend's advice. Accordingly, early in the morning, he called in a justice of the peace, and had the ceremony duly performed. At the opening of the court, he appeared, and presented the marriage-certificate ; and, as he retired, he audibly exclaimed, " There, I suppose you are satisfied, as I have married the squaw." This being satisfactory, he was permitted to " go without day."
James W. Biddle of Pittsburg, Penn., in his " Recollections of Green Bay, 1816 " (Collections State Historical Society, vol. i.), says of the settlers then residing there, -
" They were mainly old engages, Canadian boatmen, who had with- drawn from the employment of the fur companies, and fixed themselves down on a piece of land fronting on the river, and married to whole or half breed Indian women. The custom prevailing here was somewhat unique of its kind as a leading feature of the community, though something of the kind still exists at New Orleans among a distinct class. The young people then were generally a cross between the French Canadian and Indian; and marriage between girls of this class and the white men arriving was of a conventional or business kind, to suit the convenience of the case; the resi- dence of the men not being permanent, or intending to be so. Marriage, therefore, was limited as to time, and was contracted - either for life, or for six or twelve months, as the case might be - with the white men arriving.
!
185
HISTORY OF WISCONSIN.
It was generally of the latter kind. The lover, having made choice of a companion, applied to her parents, with whom he entered into a limited marriage-contract, specifying the amount to be paid them for deprivation of her services, the amount to be paid her in hand for her own benefit, and the amount per week for her boarding and rent of a room in the house, if to remain in the dwelling of her parents. These payments generally were made in provisions, clothing, &c. In case the lover or husband removed from the place before the expiration of the time agreed on, he had the right -as in the case of the engagee -to transfer his marital claims thus acquired to another; so that, during the term of the stipulated coverture, the girl might find herself the wife of two or more husbands. The con- tracts entered into in this manner were regarded by them as sacred; and no evidences were adduced or known of infidelity on the part of the women, and were consequently highly resented if occurring on the part of the spouse."
Hon. M. L. Martin, in his address before the State Historical Society, Jan. 21, 1851, says of the people of Green Bay in 1824,-
" The laws of Michigan were introduced, and among them the marriage act, of which they had no knowledge. The first exercise of judicial authori- ty was to enforce that enactment. Not a marriage had been celebrated ac- cording to the requirements of that law or any other, except the customs in force in the country; and thereupon the whole community was declared amenable to the penalties of the statute. Men of venerable age, who were themselves the fruit of these connections, now, for the first time, were de- clared incestuous, and whose children and grandchildren had sprung up under their care and protection, and whose conduct and social relations were every way reputable in the highest degree, were brought before this new tribunal, and sentenced to the penalties the law inflicted."
The first term of the court held by Judge Doty continued for two weeks, during which nearly all of the business was dis- posed of.
In those early days, the accommodations for holding the court were neither extensive nor elegant. There were no regular court-houses or public buildings ; and the courts were held in log schoolhouses, where there were such, or in rooms provided for the special occasion, destitute of comfortable seats and other fixtures for the convenience of the court, bar, and jurors. In May, 1826, when the term of the court was to be held at Prai- rie du Chien, on the arrival of the judge and attorneys from Green Bay (which trip was made in a birch or bark canoe, by
Digtzele
186
HISTORY OF WISCONSIN.
the way of the Fox and Wisconsin Rivers), they found the old town entirely under water ; the inundation being caused by the overflowing of both the Mississippi and Wisconsin rivers. The troops of the fort had abandoned the same, and the inhabit- ants had fled to the high grounds near the bluffs: but two or three houses were occupied, and only the upper stories in those.
After the organization of Iowa County in 1830, the county of Crawford was attached to Iowa County for judicial purposes, and remained so until Wisconsin Territory was organized in 1836. In the spring of 1835, the legislative council of Michi- gan passed an act authorizing the people of the peninsula to form a constitution and State government for Michigan. By this act, all that part of the Territory of Michigan lying west of Lake Michigan was left without organization, though measures were being taken in Congress for the organization of Wisconsin Territory. In the inter-regnum, John S. Horner, secretary of Michigan Territory, as acting governor, issued a proclamation on the 9th of November, 1835, convening the legislative coun- cil of Michigan (comprising the excluded Territory referred to) at Green Bay, Jan. 1, 1836. The following were the members : First district, John Lowe, George H. Walker, Gilbert Knapp, William B. Slaughter, and B. H. Edgerton; second district, William S. Hamilton and James R. Vineyard; third district, T. P. Burnett; fourth district, Allen Hill and J. Parker; fifth district, J. B. Teas and Jeremiah Smith. Col. William S. Hamilton was elected president; A. G. Ellis, secretary ; Levi Sterling, sergeant-at-arms; and W. B. Long, recording secre- tary.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.