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 17
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The second session of the fourth legislative assembly com- menced on the 4th of December, 1843, and terminated the 31st of January, 1844, having occupied a period of fifty-nine days. Of the council, Marshall M. Strong was chosen presi- dent, and B. C. Eastman secretary; and, of the house, George H. Walker was chosen speaker, and John Catlin clerk.
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HISTORY OF WISCONSIN.
The most important act of this session was the one which ex-
tended to persons of foreign birth a right, in common
1844. with all others, after a residence of three months, to vote upon the question of forming a State government, and for the election of delegates to a convention to form a State consti- tution. This question had excited much interest among the people, and produced an animated conflict of opinion among their representatives ; which resulted in the adoption of the measure by a decided majority, composed, chiefly, of the Demo- cratic members. It was the germ of that provision of our Con- stitution which has given a similar extension to the right of suffrage in this State.
At this session was also submitted the question of the forma- tion of a State government, by authorizing a vote to be taken at the general election in September, and the returns to be made, through the secretary, at the next session of the legisla- tive assembly.
Questions connected with the Milwaukee and Rock River Canal, of course, occupied much attention; and the members spent much time upon matters pertaining to the general public laws of the Territory.
Of this session of the legislature, a Milwaukee paper re- marks, " About sixty acts and memorials to Congress, of a gen- eral and private nature, were passed, many of which, we believe, will prove very beneficial to the Territory. It is to be regretted that the public debt could not have been ascertained, and some provision made for its prompt payment. The legislature la- bored faithfully, during the greater part of the session, to ascer- tain the financial condition of the Territory; but owing to the absence of the secretary, and the loose manner in which the ac- counts have been kept by the secretaries, no definite result was arrived at. During the session, the auditor and treasurer were required to report, at the succeeding session, the amount and nature of the debts against the Territory. This report was with- held till within a few days of the close of the session."
It must not be supposed that the dignified attention of the members to their ordinary duties was not occasionally relieved by some displays of wit, and exhibitions of mirth. As an illus- tration, the following incident is mentioned : A self-important,
GROSCOUP & WEST-
Initis
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HISTORY OF WISCONSIN.
bombastic member, from one of the western counties, had intro- duced into the house of representatives a memorial to the sec- retary of the treasury, for the purpose of correcting some abuses which were complained of in the manner in which the United States marshal disbursed, or failed to disburse, the public mon- eys provided for paying expenses of the courts. The language of the memorial was mere fustian and rhodomontade, and con- tained, among other things, the expression, that, during a cer- tain period of time, the marshal had not paid out "one solitary cent." It was allowed to pass the house as an act of courtesy to the member who introduced it. When it came before the council, Col. Crocker moved to amend, by inserting between the words " solitary " and " cent " the word "red," so as to read, " one solitary red cent." The amendment was adopted, and the memorial returned to the house with the amendment. The house refused to concur, and the council refused to recede ; and the bombastic memorial was lost.
The time for the annual meeting of the legislative assembly having been changed from December to the first Monday in
1845. January, the next session commenced on the 6th of
January, 1845, and adjourned on the 24th of Febru- ary, - a session of fifty days.
Of this session, Moses M. Strong was president of the coun- cil, and George H. Walker speaker of the assembly. A new election for members of the house of representatives had been held, which resulted in a very general change; only three of the former members having been re-elected. In some districts, especially in Grant County, the repeal of the law of last session, in relation to the qualifications of voters on the question of State government, had made an issue in the election. A bill was introduced to repeal the law without qualification; but, on a test-vote, the friends of the law were found to be in a majority, and amended the repealing bill by extending the period of resi- dence from three to six months, and requiring a declaration of intention. The bill, in this form, passed both houses; and, under its provisions, the vote was ultimately taken.
A bill passed the council to again submit to the people the question of forming a State government; but it was defeated in the house of representatives, and the only measure adopted
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HISTORY OF WISCONSIN.
this session, upon that subject, was a joint resolution requesting our delegate in Congress to ask for an appropriation to defray the expenses of taking a census, and of holding a convention to form a State government.
Gov. Doty had persisted in spelling Wisconsin with a "k" and an "a" (Wis-kon-san), and some of the newspapers and his admirers imitated his example; so that the legislative assem- bly thought it a matter of sufficient importance to pass a joint resolution, declaring that the orthography should be that adopted in the organic act, which has ever since universally prevailed.
A Territorial indebtedness, from various causes, had grown up during the eight years of the Territorial government, which was estimated to amount to about fifty thousand dollars. No means had been provided for its payment ; and at this session a Territo- rial tax was for the first time levied. The tax was only a mill and a half on the dollar. The assessment was very low ; lands being assessed at about two dollars per acre, excluding all improvements. The object of exclusion was to assess the unim- proved lands of speculators as high as the improved lands of the actual settlers.
At this session, the unsold lands granted to aid in the con- struction of the Milwaukee and Rock River Canal were author- ized to be sold, -a measure adopted chiefly to enable those who had settled upon them, and who desired to do so, to secure titles. The effect of this was, as was anticipated, that those portions of Milwaukee, Waukesha, and Jefferson Counties covered by the canal-grant, were rapidly occupied by an indus- trious and wealth-producing population. Before the meeting of this session, Gov. Doty had been superseded by Gov. N. P. Tallmadge (appointed June 21, 1844), between whom and the legislative assembly the utmost harmony prevailed; and the session was short, pleasant, and not without some beneficial results.
James K. Polk was inaugurated President March 4, 1845. He removed Gov. Tallmadge, and, on the 8th of April, re-appointed Gov. Henry Dodge, under whose admin- 1846. istration the fourth and last session of the fourth
legislative assembly convened on the 5th of January, 1846.
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HISTORY OF WISCONSIN.
Nelson Dewey was elected president of the council, B. C. Eastman secretary, Mason C. Darling speaker of the assem- bly, and Lafayette Kellogg clerk. This session lasted but thirty days, having adjourned on the 3d of February ; but, by taking the preliminary steps for the formation of a State gov- ernment, it was the most important session ever held. An act was passed, not without some opposition, providing, "that, on the first Tuesday in April next, every white male inhabitant above the age of twenty-one years, who shall have resided in the Territory for six months previous thereto, and who shall either be a citizen of the United States, or who shall have filed his declaration, &c., . . . shall be authorized to vote for or against the formation of a State government." The act pro- vided for taking a census, and, in the event of a vote in favor of a State government, for an apportionment of delegates by the governor, on the basis of one delegate for every thirteen hun- dred inhabitants, and for every fraction exceeding a moiety of that number, and one to every organized county. The governor was to issue his proclamation announcing the apportionment, and calling an election at the time fixed for the next annual election, which, by an act, was changed from the fourth to the first Monday in September. The delegates were to assemble in convention on the first Monday in October, and to have full power and authority to form a republican constitution for the State of Wisconsin, to be submitted to a vote of the people before it should become effective.
Numerous interesting questions arose during the progress of the bill, among which was a proposition by Mr. Whiton, in the council, to give colored persons the same right to vote as white persons; which was laid upon the table by a vote of seven to six. In the house, a motion was made to strike out the word "white; " but it was defeated, -ayes ten, noes sixteen. This was almost thirty years ago, before the negro-question had been much agitated.
With the close of this political year, the terms of members of the council who had been elected for four years, and of the house for two years, closed also. The legislative assembly, therefore, re-organized the election districts, and conferred on the governor the power and duty of making an apportionment
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HISTORY OF WISCONSIN.
based upon the census which it had authorized to be taken. An act was passed, repealing unconditionally the charter of the Wisconsin Marine and Fire Insurance Company, granted Feb. 28, 1839. Several memorials to Congress were adopted, among which was one asking for an appropriation for a penitentiary.
A gloom was thrown over the closing days of this session by the awful news that the dwelling-house of one of the members, Marshall M. Strong of Racine, had been consumed by fire, and his only two children had perished in the flames.
!
CHAPTER XXII.
TERRITORIAL GOVERNMENT.
Gov. Dodge's Second Administration - Indian Troubles- Vote on having & State -Congressional Measures enabling the People of Wisconsin to form a State Government - First Constitutional Convention - Its Work rejected by the People.
IN the winter of 1845-46, and while the legislature was in session, a rumor that an Indian war had broken out came with fearful forebodings, and produced great excitement at the Capi- tol. From a communication sent by the governor, it appeared that the citizens of Muscoda, on the Wisconsin River, in Grant County, and the surrounding country, having been for several months annoyed and harassed by the depredations of the Win- nebago Indians, were forced to take up arms for their protec- tion. On the 1st of February, 1846, a skirmish took place between the Indians and the citizens, in which four of the for- mer were severely if not mortally wounded, the Indians having first fired their guns without doing any serious injury.
The two houses of the legislature held an evening session to receive the communication of the governor, and to devise ways and means for the public defence. The militia-law, which had been abolished, was re-enacted, and approved by the governor ; and immediate measures were taken to chastise the supposed marauders. Subsequent information showed that the state- ments first received were much exaggerated. The excitement soon died away, and no more trouble was anticipated.
On a vote of the people, taken in April, 1846, there was 12,334 votes for State government, and 2,984 against it. The result of the vote taken indicated strongly that the people of the Territory desired a State government; and, until this was effected, it was evident that the people could not have, among
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CROSSCUP & WEST-SC.PHILA
Hon. Horace Chase.
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HISTORY OF WISCONSIN.
other things, a good system of common schools. When the State government was organized, the funds aceruing from the sale of the school-lands could be received from the General Gov- ernment, and the income of this fund be applied toward main- taining schools, and not before. The benefit of obtaining and using this immense fund supplied one of the main arguments in favor of State government.
Agreeably to a joint resolution of the legislative assembly, Hon. Morgan L. Martin, delegate to Congress, on the 9th of January, 1846, in the house of representatives, gave notice for leave to introduce a bill to enable the people of Wisconsin to form a constitution and State government, and for the admis- sion of such State into the Union. On the 13th, he intro- duced such bill; which was read twice, and referred to the committee on territories. On the 11th of May, S. A. Douglas, from said committee, reported an amendatory bill, which was committed. On the 8th of June, the bill was taken up in the committee of the whole, when an exciting debate ensued. The question turned on whether the ordinance of 1787 was or was not obligatory on Congress, or that part of it which restricted the number of States to be formed out of the North- western Territory to five. It was contended, on one hand, that it did bind Congress, because Congress had accepted the cession from Virginia with that condition in it. On the other hand, it was maintained that other States also claimed the Territory, and also ceded it, and in their deeds of cession no such condition was found ; that Virginia had no more right to bind the United States than they had; that it was doubtful whether the Terri- tory belonged to Virginia at all, or, at least, whether she had a better title to it than the other States which claimed it; and, finally, that whether the deed of cession had or had not once been binding, it was superseded and virtually annulled, as to the restriction of new States, by the clause in the Constitution which allowed Congress to admit new States into the Union, without any restriction as to number or size.
After the addition of two amendments, the bill was reported back to the house on the day following (June 9), and the amendments adopted, and the bill passed. On the 10th of November, Mr. J. A. Rockwell moved to reconsider the vote
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HISTORY OF WISCONSIN.
passing the bill, on the ground that the bill contained provisions, and gave power to the convention of Wisconsin, of which the house had not been aware, and which, when understood, it never would sanction ; that the proviso left it discretionary with the convention to fix such boundaries on the north and west as it should deem expedient ; and that the phraseology was loose, and the terms employed ambiguous. The question was discussed by M. L. Martin, Mr. Vinton, Mr. Douglas, and Mr. Dillingham. The house, by a vote of a hundred and twenty- five ayes to forty-five noes, reconsidered the passage of the bill, and also its engrossment. The proviso relative to boundaries was stricken out, when the bill was ordered to be engrossed, and was again read a third time, and was passed, and was sent to the senate for concurrence. On the 11th of June, the bill was received in the senate, read twice, and referred to the commit- tee on territories, and was reported back on the 14th without amendment, and on the 5th of August passed through the committee of the whole ; ordered to a third reading; was so read; and the bill was concurred in.
The census taken in June, 1846, showed a population of 155,277 ; excluding Chippewa, La Pointe, and Richland Coun- ties, from which there were no returns.
The governor issued his proclamation for the election of a hundred and twenty-five members to a convention to form a State constitution. The estimate of population assumed by the legislative assembly for fixing a basis was a hundred and seventeen thousand; but the excess exhibited by the census over this estimate resulted in a more numerous body than had been anticipated.
The convention met at Madison on the fifth day of October, 1846. D. A. J. Upham was elected president, and Lafayette Kellogg secretary; and after forming a constitution, and adopt- ing it, they adjourned on the 16th of December. This consti- tution was submitted to popular vote on the first Tuesday of April, 1847, and was rejected, - ayes 14,119, noes 20,233. It contained several new features. Those which were made the chief points of attack by its opponents were the prohi- bition of all banks and the circulation of small bills, the homestead exemption, the woman's rights article, and the
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HISTORY OF WISCONSIN.
elective judiciary. The united opposition to these several features was sufficient to defeat the entire constitution ; although it is believed, that, if they had been separately sub- mitted, all would have been adopted. At the same election, the vote on negro suffrage was, ayes 7,604, noes 14,615.
The first session of the fifth legislative assembly met on the fourth day of January, 1847, of which Horatio N. Wells was president of the senate, and Thomas McHugh
1847. secretary ; and William Shew speaker of the assem- bly ; and Lafayette Kellogg clerk. New election districts had been formed, and a new election of members in both branches had been held under a new appointment. The result was, that both houses were almost entirely composed of men without legislative experience. In the council, there were but three members, and in the house but one, who had ever before held a seat in the legislative assembly. Wisconsin was in a transition state. A convention had framed a constitution, which was then before the people for their consideration, and was about to pass the ordeal of their suffrages. It was wisely thought that but little legislation was expedient under the circumstances ; and hence but little was attempted, except tem- porary and local measures, and to provide for the holding of another convention to frame a new constitution in the contin- gency of the defeat of the one then pending before the people. For this purpose, a bill was reported in the council. It was opposed in both houses, chiefly on the ground that its passage would tend to prejudice the pending constitution. The bill was passed in the council by the close vote of seven to six, and indefinitely postponed in the house by eighteen to eight. Quite a number of private acts were passed, among which were five granting divorces. After a short session, the legislative assembly adjourned on the 11th of February, 1847.
On the 25th of January, the President of the United States sent to Congress a communication received from the president of the constitutional convention, informing that body of the for- mation of the constitution of the State of Wisconsin by the con- vention which had finished their work on the 16th of December, 1846, with a certified copy thereof; which was referred to the committee on territories. On the 9th of February, Mr. Doug-
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HISTORY OF WISCONSIN.
las, from said committee, reported a bill to admit the Terri- tory of Wisconsin into the Union as a State; which was read and committed. On the 15th of February, the house, in com- mittee of the whole, reported the bill back without amend- ment; and in the house it was proposed by Mr. Rockwell to amend by adding a section donating to the new State the thirty-sixth section in addition to the sixteenth section of all townships for school-purposes. A vote was taken on the 16th, and the proposed amendment was rejected, - ayes fifty- eight, noes eighty ; after which the bill was ordered to a' third reading, and passed. On the 20th of February, Senator Ashley, from the committee on the judiciary, reported back the bill without amendment, which, after going through the ordi- nary routine of business, was concurred in.
On the 27th of September, 1847, the governor issued his proclamation convening a special session of the legislative assembly, to be held on the 18th of October, to take such action in relation to the early admission of Wisconsin into the Union, and adopt such other measures, as in their wisdom the pub- lic good might require. On the day named in the proclamation, the two houses assembled, and were immediately organized. A bare majority of the house of representatives were in favor of entering upon the work of promiscuous legislation ; but a large majority of the council was opposed to it, and the work was confined to the passage of a law for the holding of another convention to frame a constitution, and fixing a time for the next session of the legislative assembly. The special session adjourned on the 27th of October, 1847, after nine days' labor.
The act in relation to the convention provided for a body of sixty-nine members, which were apportioned among the several counties. It differed from the act providing for the first con- vention, in ignoring representation of counties as such, and basing it exclusively on population. The time fixed for the election of delegates was the last Monday in November; and the time for the meeting of the convention, the third Wednes- day in December, 1847.
The population of the Territory on the 1st of December, 1847, excluding St. Croix and Chippewa, from which no reports were received, was 210,516.
CHAPTER XXIII. TERRITORIAL GOVERNMENT. - GOV. DODGE'S SECOND - ADMIN- ISTRATION.
The Second Constitutional Convention -The Supreme and other Courts - Con- gressional Legislation - The Work of the Second Constitutional Convention ratified by the People - Wisconsin admitted into the Union as a Sovereign State -Statistics- Review.
THE second constitutional convention met at the Capitol on the 15th of December, 1847, and was organized by the election of Morgan L. Martin as president, and Thomas McHugh secretary, and continued in session until the first day of February. The result of its labors was the constitution submitted to the people on the second Monday of March ensu- ing (1848), which, having been duly ratified, constitutes the present fundamental law of the State ; the vote being 16,667 for its adoption, and 6,252 against it. The second and last session of the fifth legislative assembly, and the last legislative assembly of the Territory, convened Feb. 7, 1848, of which Horatio N. Wells was president of the council, and
1848. Timothy Burns speaker of the house, and adjourned on the 13th of March, having held a session of thirty-six days.
Immediately after the adoption of the second constitution submitted to the people, so great was the demand for changes in the school law, that the first State legislature enacted laws which carried out, in a certain form, the provisions of the article in the Constitution on education. At this session, three commissioners were appointed; viz., Hon. M. Frank, Hon. Charles S. Jordan, and Hon. A. W. Randall, to collate and revise the statutes. A. W. Randall declining to act, Charles M. Baker was appointed by the governor in his stead. Their labors were divided, and among other portions assigned to Mr. Frank was
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CROSSCUP & WEST
Hon. Edwin Hurlbut.
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HISTORY OF WISCONSIN.
the laws relating to schools. This work was carefully done; but several features were in direct conflict with those adopted at the previous session of the legislature.
One of the most remarkable events in the history of the State was the adoption of the free-school system by the people, and the readiness with which, in most sections, it was put in operation. The principles involved in this system had been violently and persistently opposed in others States. Col. Frank says, that, "prior to the acceptance of the State constitution, wherever, in the south-eastern part of the State, the measure was introduced of supporting the schools by taxation on the assessed property of the districts, it encountered the most determined opposition ;" but, when voted upon, scarcely a prominent voice was raised against it. It is believed that the question which overshadowed all others in the constitutional conventions so engaged the thoughts of the people, that the free-school provision was almost lost sight of in the heated dis- cussion. The reason for the ready acquiescence is more obvious. The people had become somewhat accustomed to paying taxes in the counties to maintain schools; the income of the magnifi- cent school-fund could lessen very materially the burdens of tax- ation ; and the noble utterances of Govs. Dodge, Doty, Talmadge, and Dewey, in their annual messages, in favor of the broadest education of the people, had prepared them, to some extent, to accept the measure. It is a generally-received opinion, that the school system of Wisconsin was framed after that of the State of New York. This is a mistake. Our statute laws were copied, even in their principal headings, their arrangements, their wordings to a great extent, and, of course, their sub- stance, from those of Michigan. A few minor provisions were taken from the New York statutes; such as those creating the office of town superintendent (now abolished) and the district library, which first originated in that State. The other features differed widely from those of the New York system in many respects.
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