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 18
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The last term of the Supreme Court adjourned on the second day of August, 1847; but the several district courts continued in operation until the admission of Wisconsin as a State of the Union, which occurred March 29, 1848, when the Territorial Government was merged into that of the State.
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HISTORY OF WISCONSIN.
The people of Wisconsin, in Territorial times, were particu- larly fortunate in that the judges who administered the law were educated, intelligent, learned in the law, of undoubted integrity, and diligent and faithful in their trusts. They usually prepared their opinions the same week, or within a few days after, the arguments; and while, in some instances, they may seem meagre and unsatisfactory to the profession, yet the judges sought to arrive at correct results more especially than to write long and elaborate opinions. Aided by a bar which was constantly increasing in numbers, very many of whom, in point of intellectual power and legal training, would have occu- pied high positions at the bar of the State, the record of their rulings may be regarded by the people and profession with satisfaction and with pride.
The very general conviction, amounting almost to a certainty, that the constitution, formed but a few days before the com- mencement of the session, and voted upon by the people on the day of its adjournment, would be ratified, seemed to render it unnecessary that any extensive schemes of legislation should be entered upon, and to suggest the wisdom of deferring to the legislature of the coming State Government the work of perfecting and revising the laws affecting the general welfare of the people. Such was the opinion of the legislative assem- bly now assembled; and consequently, with the exception of some legislation in regard to the canal and canal-lands which was deemed necessary, their work was confined almost exclu- sively to laws of a private nature. The two first of these, and afterwards twenty-one others (in all, twenty-three) were acts granting divorces from the bands of matrimony, - one of which was to divorce the wife of John Smith, without reference to his residence or other circumstances to identify which of the thousands of John Smiths was intended. This last session appeared to be prolific in divorces ; a greater number having been granted than at all previous sessions since the organization of the Territory, which may have been owing to the fact, that the new constitution prohibited the legislature from granting any divorce.
Previous to the new constitution being acted upon by a vote of the people (the first constitution having failed of confirmna-
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HISTORY OF WISCONSIN.
tion), another bill was introduced in Congress on the 20th of March, 1848, by J. H. Tweedy, delegate to Congress from Wisconsin, for the admission of Wisconsin into the Union. It was referred to the committee on territories, reported upon favorably, and made a special order for May 9 ensuing, when it came up in the committee of the whole; when Mr. Smith of Indiana moved to amend the first section by adding at the end thereof, the words, " with the boundaries prescribed by the act of Congress, approved Aug. 6, 1846, entitled, 'An Act to enable the People of Wisconsin Territory to form a Constitu- tion and State Government, and for the Admission of such State into the Union.'" Mr. Smith of Illinois proposed to amend the amendment by defining the boundaries of the new State. A spirited discussion took place ; in which Mr. Bowlin, Messrs. Smith of Illinois and Indiana, Mr. Tuck, Mr. Vinton, Mr. Collamer, and others, participated. Mr. Tweedy stated that Wisconsin preferred Rum River as the northern boundary, but would acquiesce if the St. Croix route was decided upon. The bill finally passed the House May 11, 1848, and concurred in by the Senate June 1. On the 18th of July, Senator Walker of Wisconsin succeeded in having the fourth clause of the bill modified.
Wisconsin was admitted into the Union, with an equal foot- ing with the other States, on the 29th of May, 1848.
It may be here remarked, that the western boundary of the new State, by the Mississippi and St. Croix Rivers, left out a full organized county, with a sheriff, clerk of court, judge of probate, and justices of the peace, which had formerly been included within the limits of the Territory, under its govern- ment and laws. A bill had been introduced at a previous session in Congress, by Hon. Morgan L. Martin, the delegate from Wisconsin, to organize a Territorial government for Min- nesota, including the district left out on the admission of Wis- consin ; but which failed to become a law on account of the slavery question, which was then agitating Congress. The citizens of what is now Minnesota were very anxious to obtain a Territorial government ; and two public meetings were held, -one at St. Paul, and the other at Stillwater, - advising Hon. John Catlin, who was secretary of Wisconsin, to issue a proc- lamation as the acting governor, for the election of a delegate.
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HISTORY OF WISCONSIN.
On consulting with Gov. Dodge, who had been elected to the senate (and consequently had vacated the office of gov- ernor), and on the resignation of Hon. John H. Tweedy of the office of delegate, Mr. Catlin repaired to Stillwater, and issued a proclamation for the election of delegate. Hon. H. H. Sibley was elected; and nearly four hundred votes were polled at the election. Gen. Sibley presented his certificate of election to Congress, which was referred to a committee, which reported in favor of the admission of the delegate; the committee taking the same view Mr. Catlin had taken. Gen. Sibley was admit- ted to his seat on the floor of Congress by a vote of two to one; most of the Southern members opposing, contending that the Territorial government fell on the admission of Wisconsin. The admission of Gen. Sibley facilitated and hastened the pas- sage of a bill for the organization of a Territorial government for Minnesota ; which Gen. Sibley was enabled to get passed, notwithstanding the opposition of Southern members.
An election for officers of the new State of Wisconsin was held on the 8th of May, 1848. From the report of the board of state canvassers, it appeared, that, for governor, Nelson Dewey received 19,538 votes, and John H. Tweedy 14,449; for lieu- tenant-governor, John E. Holmes received 19,537, and John H. Rountree 14,355; for secretary of state, Thomas McHugh received 19,485, and Chauncey Abbot 14,584; for treasurer, Jairus C. Fairchild received 18,886, and Charles G. Collins 14,353 ; for attorney-general, James S. Brown received 17,778, and N. S. Baird 13,975.
In closing this account of the Territorial history of Wiscon- sin, it may be proper to say, that Wisconsin has successively been under the government of Virginia, Ohio, Indiana, Illinois, and Michigan. The Territory once belonged to Virginia ; or, at least, she has now the full credit of having ceded it, together with all the territory north-west of the Ohio River, to the United States. Up to the year 1800, Wisconsin was under the authori- ty of the Territorial government established in Ohio. In that year she was attached to Indiana Territory, and remained so until 1809, when the Illinois Territory was organized, extend- ing north to Lake Superior, and, of course, including Wis- consin. When Illinois took her place in the Union, in 1818, our
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HISTORY OF WISCONSIN.
Territory was finally attached to Michigan, and remained so until the organization of the Territorial government of 1836.
It will thus be seen, that, within the space of one hundred and sixty-six years, Wisconsin has been successively ruled by two kings, one State, and four Territories, and is now in a con- dition to govern herself, and all brought about without any great internal exciting events to produce these revolutions. The people have submitted to each change without a struggle or a murmur. To summarize : Wisconsin has been under the government of France from 1670 to 1759, eighty-nine years ; of Great Britain, 1759 to 1794, thirty-five years ; of Virginia and Ohio, from 1794 to 1800, six years; of Indiana, from 1800 to 1809, nine years; of Illinois, 1809 to 1818, nine years ; of Michigan, 1818 to 1836, eighteen years: total, one hundred and sixty-six years.
1
CROSSCUP & WEST-SC.PHIL
JUDGE DAVID W. SMALL.
e
CHAPTER XXIV.
ADMINISTRATION OF NELSON DEWEY.
Organization of the State Government - Revision of the Statutes - Organiza- tion of the State University - The Presidential Campaign - The Free-Soil Party.
THE new State government of Wisconsin was organized on the fifth day of June, 1848, with the following officers : gov- ernor, Nelson Dewey; lieutenant-governor, John E. Holmes ; secretary of State, Thomas McHugh ; State treasurer, Jairus C. Fairchild ; attorney-general, James S. Brown. These officers were chosen at the general election, held on the 8th of May, 1848.
On the same day, the first session of the legislature was held at the Capitol, pursuant to the constitution ; and the apportion- ment of senators and representatives was also made under the provisions of the same constitution, and so to continue until otherwise declared by law.
The senate was composed of nineteen members, and was
1848. organized by the chair being occupied by the lieu-
tenant-governor, and the election of Henry G. Ab- bey as chief clerk, and Lyman H. Seaver sergeant-at-arms.
The assembly was composed of sixty-six members. Hon. N. E. Whiteside was chosen speaker, Daniel Noble Johnson chief clerk, and John Mullanphy sergeant-at-arms.
The two houses held a session of eighty-five days, adjourn- ing on the 21st of August.
The message of Gov. Dewey recommended many measures incident upon a change of government ; among other things, the revision of the statute laws, the election of a State super- intendent of schools, the collection and investing the funds
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HISTORY OF WISCONSIN.
appropriated by the constitution to create a school-fund, the setting-apart of the five hundred thousand acres of land donated to the State by Congress, a change in the system of county governments, the erection of a state-prison, revision of the militia laws, the canal lands, and the subject of taxation.
From the report of the secretary of state, it appears that that officer had estimated the expenses of the State govern- ment for the current year at 829,898.26, not including the sala- ries of judges, and some other items, which would raise the amount to about 835,000.
The valuation of taxable property of the Territory assessed for 1847 was 814,025,631.24, an increase of nearly two million and a half over that assessed for the preceding year.
The first business of the legislature was the election of two United States senators for the State. Isaac P. Walker and Henry Dodge, having received the largest number of votes, were declared elected. They served until the next general election. Among the bills passed at this session were those for prescrib- ing the duties of the State officers, dividing the State into con- gressional districts, the election of judges, the revision of the laws, the location of school and other lands, the improvement of the Fox River, appraisal of university lands in relation to the organization of schools, the construction of plank-roads, the salaries of State officers, some forty acts relative to the organization of towns and counties and local taxes, thirty for State roads, thirty-eight appropriation bills, and ten for the incorporation of villages and cities and other organizations. Among the important acts, were one for the establishment of the State university, consisting of a board of regents, - com- posed of a president and twelve members, to be divided into three classes, and who shall serve one, two, or three years, -a secretary, and treasurer (this bill repealed the one passed by the previous session of the legislative assembly) ; another, an act to exempt a homestead from forced sale, by the provisions of which a homestead, consisting of any quantity of land, not exceeding forty acres, used for agricultural purposes, and the dwelling thereon, and its appurtenances, to be selected by the owner thereof, or instead, thereof, at the option of the owner, a quan- tity of land, not exceeding one-fourth of an acre, within the
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HISTORY OF WISCONSIN.
recorded plat of any village or city, with the dwelling-house thereon, should not be subject to forced sale on execution of any final process from a court, for any debt or liability con- tracted after the first day of January, 1849. In the latter part of the session, another act was passed, exempting from forced sale a certain number of cows, swine, oxen, horses, sheep, and farming implements ; also the provisions of a debtor, the tools and implements of any mechanic, libraries, family pictures, beds, bedding, and all necessary wearing-apparel, besides sun- dry other exemptions.
The act to provide for revising the statute laws of the State was an important one, by the provisions of which three com- missioners were to be chosen, who were authorized " to collate and revise all such public acts of the legistature, which shall be in force at the close of the present session, as are general and permanent in their nature; " that they should lay before the legislature the acts so revised and arranged by them at the next session ; and that the laws so revised should be submitted and approved by the said commissioners, who should prepare the same for publication. In July, 1848, the legislature elected M. Frank, C. S. Jordan, and A. W. Randall commissioners. The last-named, however, declined to serve; and the governor appointed C. M. Baker to fill the vacancy. The commissioners immediately entered upon the work ; and the same was so far completed, that they were enabled to report to the next session a large part of the work; which, having been examined by the legislature, was adopted with some few amendments. The law authorizing the publication directed Hon. C. M. Baker, one of the commissioners, to arrange the chapters into parts and titles, to unite or divide the work into subdivisions as should be necessary.
" The Revised Statutes of Wisconsin," as thus revised, was passed at the second session of the State legistature which com- menced its session in January, 1849, and was printed at Albany, 1849, and published by C. L. Sholes, who had the contract for publishing the same. It made a volume of eight hundred and ninety-nine pages octavo.
The legislature adjourned its first session without electing regents of the university, having passed a bill authorizing the
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HISTORY OF WISCONSIN.
governor to fill all vacancies, which included the whole Board. In the month of September, the governor made the following appointments for the university : A. L. Collins, T. W. Suther- land, J. Catlin, J. T. Clark, J. H. Roundtree, J. Bannister, E. Root, Rufus King, Henry Bryan, Cyrus Woodman, E. V. Whiton, and Hiram Barber, regents.
The passage of the Homestead Exemption Bill caused much discussion, not only in the State, but over the country. It was the most liberal law passed by any State authority. One news- paper at Madison, the leading paper of the dominant party in the State, said, -
" The legislature has passed a bill, which, if not immediately repealed, will work some most wonderful changes in the business transactions of our new State. This, to a majority of our people, was the most odious feature in the condemned constitution. We can regard it as nothing more or less than a covert, under which villany can practise its devices unmolested, as it is a permission for rascals to get in debt, if they can, and pay when they please, not when they ought, as justice demands."
On the other hand, it was contended that governments are organized to restrain the oppressor, and protect the oppressed ; that it is not an uncommon thing to see the rich and powerful oppress his brother-man, because the law gives him authority ; and that cases of forced sale have taken place which make the heart bleed to reflect on " man's inhumanity to man ;" and that proper exemption laws injure no one, as both parties were aware of the law, and contracts could be made which work no hardship.
The board of regents of the University of Wisconsin held their first meeting, at which time it was decided to open a pre- paratory department for the reception of pupils in February, 1849. John W. Sterling was elected professor of mathemat- ics, and appointed to take charge of the preparatory depart- ment at the time designated. The present site was selected, and the purchase consummated the following year. The tract, which was purchased of Hon. Abram Vanderpoel, was the north-west quarter of section twenty-three, town seven, range nine, except block nine in the village of Madison. The price stipulated was five dollars per acre, and the taxes of 1849. At
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HISTORY OF WISCONSIN.
the same meeting of the board of regents, John H. Lathrop, LL.D, was elected chancellor, and his salary fixed at two thousand dollars. In the fall of 1848, the election for presi- dent of the United States took place. The Free-soil party was organized this season, and an energetic political canvass was had. The Democratic electors, F. Huebschman, W. Dinwid- die, S. F. Nichols, and D. P. Mapes, received 15,000 votes, the Whig electors 13,747, and the Free-soil electors 9,548. The Democratic electors held a meeting on the 6th of Decem- ber, and cast the vote of Wisconsin for Lewis Cass for presi- dent, and W. O. Butler vice-President. As is well known, at this election in the United States, Gen. Zachary Taylor was. elected president, and Millard Fillmore, vice-President.
Charles Durkee, Orsamus Cole, and James D. Doty were elected members of Congress from Wisconsin at this election.
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CROSSCUP & WEST
-SEPHI
HON. DAVID ATWOOD.
CHAPTER XXV.
ADMINISTRATION OF GOV. NELSON DEWEY.
Second Session of the State Legislature-Gov. Dewey's Message -The Slavery Question - The State Legislature outspoken on the Subject -Dewey's Re- election - Election Statistics - Great Increase of Population - The Winne- bago Scare - The Opening of the University - State-Prison, &c.
THE second session of the State legislature met, according to law, on the 10th of January, 1849, and adjourned April 2, 1849, holding a session of eighty-three days.
In the senate, Lieut .- Gov. J. E. Holmes was president, Wil- liam R. Smith chief clerk, and F. W. Shollner sergeant-at- arms. In the assembly, Harrison C. Hobart was elected speaker, Robert L. Ream chief clerk, and Felix McLindon sergeant-at-arms. Gov. Dewey in his message referred to the rapidly increasing population of the State, and the indomitable energy displayed in the development of its productive capa- city. He said that the government had effected a treaty with the Menomonee Indians, by which their title had been extinguished to that part of the State lying north of Fox River, embracing all the lands belonging to them; that on the 29th of June, 1848, he had selected the alternate sections of unsold lands (odd numbered) donated by Congress for the improvement of the Fox River, to the amount of a hundred and twenty-five thousand acres, and that the residue could not be located without further action of Congress ; that two hundred thousand acres of the five hundred thousand acres donated by Congress to the State had been selected, but that the approval of the selection had not been made by the government. He recommended the sale of the university lands on a long credit, the locating and erection of a state-prison, and the modification of certain laws.
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HISTORY OF WISCONSIN.
On the 17th of January, the two houses met in council, and proceeded to the election of a senator to the Congress of the United States ; when it appeared Isaac P. Walker received forty-five votes, Byron Kilbourn eighteen votes, Alex. Botkin eighteen votes, and four votes scattering. Mr. Walker was declared duly elected.
One of the first acts passed was " An Act relating to Inter est," by the provisions of which any rate of interest agreed upon by parties in contract, specifying the same in writing, shall be legal and valid, and that, when no rate of interest is agreed upon or specified in a note or contract, seven per cent shall be the legal rate. This was a step forward beyond any thing taken by any State legislature. It had the effect to bring capital into the State, and to stimulate private improvements and the development of the country. The law, however, was subsequently repealed. An act was also passed relative to the sale and superintendence of the school and university lands, prescribing the powers and duties of the commissioners who were to have the charge of the same.
Of the acts passed at this session, ten are relative to the boundaries of counties ; fifty-five, to the laying-out of roads; eighteen, on the organization of towns; eight relative to courts ; five, organizing school-districts; fourteen, authorizing special taxes ; fourteen, changing the names of towns and indi- viduals ; and a large number of appropriation bills.
The question of "slavery in the Territories " was one that engrossed the public mind in Congress as well as the indi- vidual States ; and the State legislature adopted a joint resolu- tion on the 8th of February, 1849, instructing the senators in Congress, and members of the house of representatives, of Wisconsin, to oppose the passage of any act for the government of New Mexico and California, or any Territory belonging to the United States, or which may hereafter be required, unless it shall contain a provision forever prohibiting the introduction of slavery, or involuntary servitude, into said Territories, except as punishment for crime ; also to oppose the admission of any more slave States into the Federal Union ; and also to exert their influence to procure the repeal of all laws permitting slavery and the slave-trade in the District of Columbia.
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HISTORY OF WISCONSIN.
On the 31st of March, joint resolutions were passed by the legislature, to the effect that " Hon. I. P. Walker, one of the senators of this State in Congress, in presenting and voting for an amendment to the general appropriation bill, providing for a government in California and New Mexico, west of the Rio Grande, which did not contain a provision forever prohibiting the introduction of slavery or involuntary servitude in said Territories, has violated his pledges given before his election on that subject, outraged the feelings of the people, misrep- resented those who elected him, and has openly violated the instructions contained in the resolutions passed by this body on the subject of slavery at the present session ; and is hereby instructed to immediately resign his seat." At the same time, the course of Hon. Henry Dodge, the other senator from Wisconsin, in voting against the proposition of Mr. Walker, received the cordial approval of the legislature. The report of the secretary of State estimated the expenses of the fiscal year, commencing Jan. 1, 1849, at $46,980.
The discovery of gold in California produced in Wisconsin, as in other States, a powerful excitement; and the emigration to the Pacific coast was very large. In the mining-districts in South-western Wisconsin, there was a large depopulation. The reports received gave accounts of the distress and sufferings experienced by those who left the State, and, in some cases, death for want of the common necessities of life. While a few returned in better circumstances than when they left, large numbers returned broken in health, and in a destitute condition.
The first session of the Supreme Court of the State of Wis- consin commenced on the 8th of January, 1849: present, Hon. A. W. Stow chief justice, Hon. E. V. Whiton, Hon. M. M. Jackson, Hon. Charles Larrabee, and Hon. Levi Hubbell, asso- ciates. There were about fifty cases on the docket.
From the report of the board of public works made to the legislature, it appears that the quantity of land within the Fox River reserve, surveyed and located up to that time, was 123,988 acres ; lands on the reserve, previously sold by the government, in lieu of which other lands were to be located by the State, 98,370 acres ; lands within the reserve recently ceded by the Menomonees, and granted to the State, 75,000 to 80,000
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HISTORY OF WISCONSIN.
acres : total number of acres about 300,000. The estimated cost of the Fox River improvement and the canal across the portage was, estimated at 8373,706.09.
On the 30th of January, the first organization of the State Historical Society was made. Hon. Nelson Dewey was elected president, one vice-president from each of the organized coun- ties of the State, Rev. Charles Lord recording secretary, I. A. Lapham corresponding secretary, E. M. Williamson treasurer, John Catlin, Beriah Brown, and Alexander Botkin, executive committee. Gen. William R. Smith was invited to deliver an address before the society at its next annual meeting, and I. E. Arnold, Esq., as substitute.
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