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 16
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The most important work, however, of that session, or of the two sessions (for there was a complete re-organization of both houses upon their re-assembling), was the revision of the laws, which was perfected during the recess, and submitted to
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the two houses at their second mecting. The committee for this purpose consisted of Messrs. Martin, Marshall M. Strong, .
and Collins of the council, and Messrs. Whiton, Story, and Shackleford 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 cach branch of the com- mittee was to be reported to the house of which they were members. The committee, during the recess, 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 on the 4th of July of that year.
Hon. Edward V. Whiton, the late able and upright chicf justice of the State, was intrusted by the legislative assembly with the care of the printing and publication of this volume, and the preparation of marginal notes and indexes.
Before lands were brought into market by the President's proclamation, the settlers had adopted a system for their mutual protection. The settler who first entered on a quarter-section of land, or a fraction of a section, was protected in his posses- sion, against jumpers of his claim. By the settlers' code, the jumper was summoned before their committee, who summarily disposed of the case. If the complainant was found to be an actual settler, and entitled to his claim, the jumper had to sur- render without delay. There was no resisting the judgment of the committee ; for the whole town formed a posse to enforce the execution. This was, under the circumstances, a wise and humane provision for the early settlement and improvement of the country ; and, in many instances, personal quarrels were thereby prevented. At this session, two other committees, of three members each, were appointed to investigate the banks in the Territory, which they were required to visit in person. It was at this session the act was passed to incorporate the Wisconsin Marine and Fire Insurance Company, which, under the power to " receive money on deposit, 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 ;
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CROSSCUP & WEST-SCIPHILA
John Dahlman
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although the charter expressly provided that nothing therein contained should give the company banking privileges. This is a striking illustration of the futility of legislative restrictions upon the exercise of corporate powers, especially when sus- tained, as that company was, by popular sentiment.
Other questions, of more or less temporary interest, occupied the attention of the legislative assembly during its long and laborious session, which it is unnecessary to refer to in detail ; and it may with truth be said, that, as a whole, no ses- sion during the existence of the Territorial Government ever performed more labor, or in a more satisfactory manner, than the one of which we now take our leave.
Dotrze+
CHAPTER XIX.
THE TERRITORIAL GOVERNMENT.
Land and Boundary Questions - Courts - A Contested Election Case -The Mineral Point Bank - Its Failure - Capitol Improvements - The "Baxter Claim " - Gen. Dodge succeeded by James Duane Doty-The Latter's Views - Difficulties - The Loan Agent and his Differences with the Canal Commis- sioners- Injurious Effects.
THE next session of the legislative assembly commenced on the second day of December, 1839. James Collins was chosen president of the council, George Beatty secretary; and Edward V. Whiton speaker of the house of representatives, and John Catlin chief clerk. The term for which the members of the house were elected was about to expire ; and a new apportion- ment was desirable. The census to be taken the ensuing June by the United States marshal presented a favorable oppor- tunity of basing a new apportionment upon a fresh enumeration of the inhabitants. For this purpose, a short session was resolved on, and an adjournment to August, when it was expected the census would be completed ; and the two houses consequently adjourned on the 13th of January to the 3d of August, 1840, having been in session forty-three days.
But little of public interest transpired at this session. Two subjects occupied most of the attention of the members. One was the condition of the Capitol, and the conduct of the com- missioners intrusted with the money appropriated by Congress to defray the cost of its construction ; the other, the Milwaukee and Rock River Canal, and the claims of settlers upon the lands granted to aid in its construction.
The history of the early measures taken to secure the erection of a building in which to hold the sessions of the Territorial legislature is a history of speculation with the appropriations
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made for that purpose, as disgraceful to those concerned in it as it was destructive of the manifest intentions of Congress. It is not necessary to enter into particulars in reference to this matter : all steps were taken which could be to recover by law from the first board of commissioners, and from the contractor, the funds which they had misapplied ; and, after several years of litigation, the suits were settled by authority of a subse- quent legislature.
The grant of lands by Congress to aid in the construction of the Milwaukee and Rock River Canal was of the odd numbered sections on a belt of ten miles in width from Lake Michigan to Rock River, which amounted to 139,190 acres. The commissioners reported to the legislative assembly at this session, that they had sold 43,447 acres at two dollars and a half per acre, amounting to $108,616, for which they had received in cash 812,277; and the remainder was payable in five, six, seven, and eight years, with seven per cent interest. There was also remaining unsold 95,743 acres, the proceeds of which, it was estimated, might amount to four or five hundred thousand dollars.
The act making the grant provided that the alternate sec- tions should not be sold less than two dollars and a half per acre, nor be subject to pre-emption. This was regarded by the settlers upon them as a great hardship ; and they presented their complaints to the legislative assembly, who memoralized Congress to grant a pre-emption right to all who had settled on these alternate sections, previous to the grant, at a dollar and a quarter per acre.
The question of the southern boundary of the future State of Wisconsin was one which had occupied the thoughts of many, who felt an interest in its prosperity, at a period as early as the " Toledo war," which originated in the same ques- tion, and grew out of the rights of boundary secured to the States of Michigan and Wisconsin by the ordinance of 1787, which was older than, and was claimed to be paramount to, the Constitution of the United States. The right of the State of Wisconsin, when it should be admitted into the Union, to em- brace all of the territory north of a line running west from the southern bend of Lake Michigan, was believed to be inviolable,
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and that the act of Congress, admitting Illinois into the Union, so far as it violated that right, was a usurpation of power, and a nullity. This belt of territory embraced the entire valley of Rock River, and the cities of Chicago and Galena. A joint resolution was passed, taking preliminary measures for ascertain- ing by vote the sentiments of the people upon the disputed territory, in relation to which State they preferred to give their allegiance ; but the question did not elicit such interest as to call out a general expression of opinion ; and no prac- 1840.
tical results were effected. At an adjourned session, commenced on the 3d of August, 1840, but little business was transacted. James Collins was elected president of the coun- cil, and Edward V. Whiton speaker of the assembly.
A new apportionment of members of the house of repre- sentatives was made, and but little business transacted. The session lasted but twelve days; and only thirteen acts were passed, generally in relation to the organization or boundaries of towns or counties, or the holding of courts, and a few of a private nature.
The census showed a population of 30,744 against 18,130 two years previously. Some changes were made in the appor- tionment of members of the house of representatives. The counties of Brown, Iowa, and Grant, each lost a member ; while Rock and Walworth and the Dane districts gained.
At the term of the Territorial Supreme Court for 1840, the common law rules of practice for all the district courts were adopted. These rules were uniform throughout the Territory, and were acceptable to the profession. The same rules, more in detail, were adopted as the rules of the Federal Court. The Constitution of the United States recognized the distinction between law and equity ; and the Territorial courts enforced it, independently of the provision of the organic law. These courts pursued equity and common law practice with techni- cality, but with liberality as to amendments. Many valuable precedents and principles of law were established by the Terri- torial Supreme Court.
The first session of the third legislative assembly commenced Dec. 7, 1840, and was adjourned on the 19th of February, 1841, having continued seventy-five days, the maximum time limited
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The interest of the Milwaukee and Rock River Canal of course demanded attention. The former legislation had author- ized the issue of Territorial bonds for fifty thousand dollars, at six per cent interest, and had required them to be sold at par, and the proceeds deposited in the city of New York. It was found impossible to negotiate them ; and the rate of interest was increased to seven per cent, and the deposit of the proceeds authorized in any sound specie-paying bank which should be selected by the commissioners and the governor. The amount, also, was increased to one hundred thousand dollars.
No material improvement had been made up to the com- mencement of this session, in the conveniences and comforts which the Capitol building presented to the members; and a large majority were ready to remove the seat of government to some other place ; and nothing but the inability of the majority to agree upon that other place prevented its removal. The prospect of obtaining from the old commissioners any part of the funds they had received and retained, appearing hopeless, the legislative assembly authorized the issue of seven thousand dollars Territorial bonds for the purpose of completing the Capi- tol. With this fund as a basis, Daniel Baxter undertook the work, and was, in a great measure, successful, not without a con- tingent claim, which at every subsequent session has served to impress upon the members investigating the "Baxter Claim," some of the events of Territorial legislation. Mr. Baxter died some years since ; and his family still think they have a valid claim against the State, which is unsettled.
In the interim between this session and the next, Gen. Har- rison, the President of the United States, had died, and John Tyler had been inaugurated as his successor. One of the early acts of the new President was the removal of Gov. Henry Dodge, and the appointment of Judge James Duane Doty (Sept. 30, 1841), and Augustus P. Field as secretary of the Territory. Most unfortunately for the Territory, Gov. Doty entertained ideas in relation to the relative rights and powers of Congress and the Territorial legislature which tended, for all useful purposes, to destroy the powers of the legislative as- sembly.
Ile boldly avowed, in his message and elsewhere, that no
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law of the Territory was effective, until expressly approved by Congress ; thus giving to Congress directly the power of legislat- ing for the Territory ; while the organic act provided that " the legislative power should be vested in the governor and legisla- tive assembly, but that the laws should be submitted to, and, if disapproved by Congress, should be null, and of no effect." Act- ing upon this theory of the invalidity of Territorial laws, Gov. Doty disregarded such as conflicted with his supposed interests or his wishes; the result of which was a continued warfare be- tween the governor and the legislative assembly.
During this interim, there also arose a serious feud between the loan-agent appointed by the governor to negotiate the loan of one hundred thousand dollars, for the benefit of the Milwau- kee and Rock River Canal, and the canal commissioners. The agent reported that he had negotiated fifty-six thousand dollars of the bonds; but he did not report that the money to be re- ceived for them was the notes of "sound specie-paying banks." The commissioners claimed that it was their right and duty not to recognize any loan made for currency of which they disap- proved. The loan-agent denied that the commissioners had any such rights or duties, and claimed that he was the sole judge of the kind of money which should be received in ex- change for the bonds.
Whatever were the merits of the dispute, the effect was to defeat the loan, and, as a further consequence, to stop all further work on the canal.
CHAPTER XX.
THE TERRITORIAL GOVERNMENT.
Gov. Doty's Conflicts with the Legislature - The Canal Company Tragedy in the Council Chamber - Hot Debate -One Member shoots Another - Population -New Apportionment - Bankruptcy Laws, &c.
THE second session of the third legislative assembly convened on the 6th of December, 1841, and adjourned Feb. 19, 1842. James Collins was elected president of the council, and David Newland speaker of the assembly. About the only matter of public interest, except the quarrel between the legislative assembly and the governor, was the disposition of the various questions growing out of the connection between the Territory and the canal and Canal Company. Congress had made a valu- able grant of lands to the Territory in trust. The Territory was the trustee, the Canal Company the cestui que trust. The trust had been accepted ; and a large portion of the lands had been sold, one-tenth of the purchase-money received, and ample securities held for the balance. The Territory was in a dilemma : it could not go forward, and had no right to go backward, with- out the consent of Congress and the Canal Company. The result was, that it repealed all laws authorizing a loan, and all which contemplated the expenditure of any money by the Territory in constructing the canal. It remitted and dis- charged to the purchasers of the canal-lands all interest on their purchases, which had or might become due, except the small sum which might be necessary to pay interest on loans and expenses, not exceeding three hundred dollars, but took care that the principal of the securities received for the sale of lands should remain intact, to await the result of future events. The legislative assembly also declared, by joint resolution, that
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all connection with the Canal Company ought to be dissolved, and the work of the canal by the Territory be abandoned, and that the Territory ought not further to execute the trust; that Congress be requested to divert the grant to such other inter- nal improvements as should be designated by the Territory, subject to the approval of Congress ; and that, if Congress should decline to make this diversion, it was requested to take back the grant, and dispose of the unsold lands as other public lands are sold.
In the council chamber, on the 11th of February, a scene occurred which caused great excitement in the Ter- 1842. ritory, and over the whole country. On that day Charles C. P. Arndt, a member from Brown County, was in- stantly shot dead by James R. Vineyard, a member from Grant County. From the testimony before the coroner's inquest, the following facts in relation to the same are obtained. The difficulty grew out of a debate, on motion to lay on the table the nomination of E. S. Baker. Mr. Arndt opposed it, be- cause the gentleman from Grant (referring to Mr. Vineyard) had given the highest testimonials as to the character of the nominee. Upon his making that remark, Mr. Vineyard turned partly around 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 imme- diately after the members had arisen in the negative, before announcement by the Chair, most of the members and by- standers arose, as Mr. Arndt had passed over to Mr. Vineyard's desk. Many words, in a high key, were passed between the two parties. Mr. Arndt demanded from Mr. Vineyard an ex- planation. The parties were parted by the bystanders, when Mr. Arndt moved about eight feet towards the fireplace. He stood there, and Mr. Vineyard at his desk, until the Chair an- nounced an adjournment; after which, Mr. Arndt came up to Mr. Vineyard's desk, when the former asked the latter if he imputed to him falsehood in his remarks. Mr. Vineyard replied, " Yes," or, that they were false; on hearing which, Mr. Arndt struck at Mr. Vineyard's face or forehead, the parties being about three feet apart. While this altercation took place, Mr. Vineyard levelled a pistol, and fired at Mr. Arndt, when the
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latter reeled around, and moved several steps, with his hands on his breast, and soon fell in the arms of Mr. Derring, and died in a few minutes. He said nothing, and did not appear to be at all conscious. It appears from the evidence that Mr. Vineyard was defending himself against the assault, although by means of weapons of death, which the occasion by no means de- manded. He immediately surrendered himself to the sheriff, waived an examination, and was committed to jail. After a short confinement, he was brought before the chief justice of the Territory, on habeas corpus, and admitted to bail. He was afterwards indicted for manslaughter, and was tried, and ac- quitted. Immediately after the homicide, Vineyard sent his resignation to the council; which body refused to receive it, or have it read, and immediately expelled him.
After a few days spent with heavy hearts in the mournful task of finishing up the work, in much of which the two mem- bers whose seats were now vacant had taken a part, the second and last session of the third legislative assembly adjourned on the 18th of February, 1842, to give place to new members in both houses, to be elected under a new apportionment, to be made by the governor, based upon a census to be taken the next June by the sheriffs of the several counties. The census of this year showed a population of 46,678, -an increase of 9,934 since 1840.
The representation in both houses was increased in Mil- waukee and the central counties, while it was correspondingly reduced in the counties of Brown and Iowa. In most of the districts, the elections were conducted on political issues; and the result showed a very decided Democratic majority in each house. The governor professed to belong to the Whig party.
The second act of Congress to establish a uniform system of bankruptcy throughout the United States was approved Aug. 19, 1841, and took effect from and after the first day of Febru- ary, 1842. Jurisdiction of cases in bankruptcy being, by the act, conferred upon the Supreme or Superior Courts of the Ter- ritories, the Supreme Court of this Territory discharged three hundred petitioners out of three hundred and fifteen. A ma- jority of these petitioners had failed in business in the Eastern States, in consequence of inflation of the currency, and of
CROSSCUP & WEST-SC.PER
Philly
HON. H. S. ALLEN.
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speculation, in the year 1836. It was estimated that the debts of those three hundred bankrupts exceeded two millions of dol- lars. The judges were empowered, by the act, to form the rules of their court in bankruptcy, and to establish the fee-bill, under the fee-bill of the Supreme Court. The fees in cases did not average twenty dollars. The act was repealed on the 3d of March, 1843, having been in operation thirteen months.
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CHAPTER XXI.
THE TERRITORIAL GOVERNMENT.
War between the Governor and the Legislature - The Governor prevents the Session of the Legislature, by refusing to co-operate- A Joint Resolution is passed, praying the President to remove the Governor - The Session of Vetos - Lively Conflicts - Interesting Reminiscences -Second Session - A State Government desired - The Governor's Orthography -The Debt - The First Tax - Govs. Talmadge and Dewey - Henry Dodge again appointed Governor - Provisions for forming a State Government.
THE first session of the fourth legislative assembly organ- ized on the fifth day of December, 1842, by the election of Moses M. Strong as president of the council, and J. V. Inger- soll secretary, and Albert G. Ellis, speaker of the house of representatives, and John Catlin clerk. The convening of this legislative assembly exhibited a contest between the gov- ernor, on the one hand, and the two houses on the other, which threatened to result in anarchy, and the disruption (tempo- rarily at least) of the Territorial Government. The law of the Territory required that the annual session of the legislative assembly should commence on the first Monday of December. On that day the members elect convened at the Capitol, and, after organization, waited upon the governor, by a joint commit- tee, in the customary way. He was informed that the two houses
were organized, and ready to receive any communication he had to make. The governor replied, that, "not conceiving that the legislative assembly had authority by law to meet at the pres- ent time, he had no communication to make to them." The subject was referred to a joint select committee of three mem- bers of each house, of which Hans Crocker was chairman, and of which Morgan L. Martin, M. C. Darling, and others, were members, who made an elaborate report, showing that the pre-
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tence of the governor for refusing to co-operate with the legis- lative assembly was, that no appropriation had been made by Congress to defray the expenses of the session, and, conse- quently, no session could be held. An appropriation had been made May 18, 1842, which the governor claimed was only ap- plicable to the expenses of the past session, but which the com- mittee demonstrated was applicable to the expenses of this session, and that there was no valid reason why a session could not lawfully be held at that time. Many members, among them the late Chief-Justice Whiton, were in favor of proceeding with the work of legislation, and throwing upon the governor the responsibility of defeating it; but it was finally decided to make a representation to Congress, then in session, of the ob- jections of the governor, and to adjourn a few weeks, thinking, that perhaps another appropriation would be made, and thus all objections to the session be removed.
A memorial to the President of the United States, praying for the removal of the governor, was adopted by the unanimous vote of the council, and with only a few dissenting votes in the house. Whigs joined with Democrats in this emphatic con- demnation of the factious course which he had adopted. The two houses then adjourned on the 10th of December to the 30th of January, 1843.
On the 24th of December, 1842, Congress made another appropriation for the expenses of the legislative assembly, which, it was supposed, would remove all conflict about the legality of the session. Both houses met at the day appointed ;
but there was no quorum in the council until the 4th
1843. of February. On the 30th of January, the governor issued a proclamation, convening a special session on the 6th of March.
On the 4th of February the two houses again waited on the governor, through a joint committee ; and he again informed the committee that he had no communication to make, except a copy of his proclamation.
Mr. Whiton, the late chief justice, offered a resolution, "that the legislative assembly will now proceed to discharge its duties, without regard to any course that has been or may be pursued by the governor." This was lost by a tie vote. Reso-
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lutions were then adopted, by the unanimous vote of the coun- cil and a large majority of the house, declaring, among other things, that the only excuse for the conduct of the governor could be found " in his determination to prevent all legislation, and sacrifice, for his own private purposes, the welfare of the Territory," and that his conduct was " another evidence of his violation of law, and utter disregard of the duties of his station, and of the wishes and interests of the people." And then, by a divided vote in each house, the legislative assembly adjourned until the 6th of March. On the 6th of March both houses met, and sent the usual committee to wait on the governor ; and, on the same day, he delivered his message, which was referred . to the appropriate committees, and harmony was apparently restored between the governor and the two houses. But the harmony was only in appearance, and the conflict was again renewed. After the session had continued several days, and a printed copy of the journal of each house had been daily fur- nished the governor, he took exceptions to the journal of the first day, which did not state that the two houses had met in pursuance of his proclamation ; while the journal of the council stated that the meeting was in pursuance of adjournment. Finally, on the 18th of March, both houses passed a joint reso- lution, declaring that they were holding "the special session appointed by the proclamation of the governor." Thus ended this conflict, which was only renewed in the legitimate form of veto messages, which were sent to each house in the utmost profusion ; Congress having amended the organic act changing the executive veto from an absolute to a qualified one. Only fifty-four acts were passed; and, of these, six were passed by a vote of two-thirds, notwithstanding the governor's veto. The session was a long and an acrimonious one; and, wherever impartial history shall affix the blame, it cannot record a large amount of good accomplished.
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