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 20
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The railroad mania in Wisconsin in 1852 was at fever-heat. Engineers were engaged in surveying roads from Beloit to Mad- ison, Janesville to Milwaukee, Milwaukee to La Crosse, Chicago, . Green Bay, and Fond du Lac, from Racine to the Illinois State line ; and their speedy construction was confidently predicted.
At the fall elections of 1852, E. V. Whiton was elected chief justice of the Supreme Court, and Samuel Crawford and A. D.
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M. R. GAGE, M.D.
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Smith, associates : the opposing candidates were Charles H. Lar- rabee, Marshall M. Strong, and James H. Knowlton. B. C. Eastman, J. B. Macy, and Daniel Wells, jun., were elected mem- bers of Congress, and the Democratic electoral ticket chosen, which electors, at a meeting of the electoral college, afterwards gave the five votes of Wisconsin for Franklin Pierce for Presi- dent of the United States.
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CHAPTER XXVII.
ADMINISTRATION OF GOV. L. J. FARWELL.
Events of 1853 - Legislation - Trial of Judge Hubbell - State Historical Society Election Contest, &c.
THE sixth session of the legislature convened on the twelfth day of January, 1853, and adjourned on the fourth day of April, until the sixth day of June following, when it again met, and adjourned sine die, on the 13th of July ; the whole length of the sessions being one hundred and thirty-one days. In the senate, Hon. Timothy Burns, lieutenant-governor, took his seat as president. J. K. Williams was elected clerk, and Thomas Hood sergeant-at-arms. In the assembly, Henry L. Palmer was elected speaker, Thomas McHugh secretary, and Richard F. Wilson sergeant-at-arms.
Gov. Farwell's message was a short one. He says, "that, during the past season, our citizens have enjoyed unusual pros- perity in ample products and remuneration of their industry and enterprise, abundant harvests and high markets, and a downward tendency in rates of interest, with prevailing confi- dence among business men and in business enterprises." In reference to the finances of the State he says, "The receipts into the general fund, from Dec. 31, 1851, to Dec. 31, 1852, were 8133,652.62, and the disbursements, $134,593.33; overpaid from this fund, 8940.71. The estimated expenses and liabilities to be defrayed for 1853 were 899,275.04, and the means applicable to the payment of the same estimated at 8118,557.65." The total value of the taxable property of the State at this date was 827,017,502.43. The report of the superintendent of public instruction gives the whole number of school-children, in 1853, as 144,783; whole amount of
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money received, 8127,718.42 ; due on school-lands sold, 8681,- 931.71. The governor also refers to the progress of work on the Milwaukee and Mississippi Railroad, and the importance of having the general banking-law so amended as to prohibit, under severe penalties, the receiving, paying out, or passing as money in this State, circulating paper, of any form whatever, in the similitude of bank paper, by any person, or body corpor- ate, that is not, at the time of such receiving, paying out, or passing, authorized by some express law of the United States, or one of the United States, or of Canada; and declaring all contracts, the consideration of which, in whole or in part, consists of such circulating paper, absolutely null and void for any purpose whatever.
At this session, there were one hundred and twelve laws passed of a general nature, and four hundred and nine of a private and local character. Of the first, fourteen were in reference to counties, sixteen on the courts of the State, ten in reference to school-lands and school-matters, six joint resolu- tions, and twenty-four memorials to Congress generally for postal service. Of the latter, twelve were for incorporation of academies, twenty-four authorizing towns and organizations to perform certain acts, nine incorporating and amending bridge charters, eight to change the names of persons, fourteen for construction of dams, fourteen in reference to ferries, sixteen to incorporate insurance-companies, ten to legalize certain acts, seven charters to manufacturing-companies, nineteen acts relative to the city of Milwaukee, thirteen mining-companies incorporated, five to organize certain towns, thirty-one plank- road charters, forty-five chartering and amending charters to railroads, ten to amend session laws, thirty-five to lay out State roads, and five in reference to taxation.
At no previous session of the legislature had as many local measures been enacted. The people of the State were much interested in railroad enterprises, as will be shown by the large number of charters granted. On the 28th of March, the two houses, in convention, elected John Taylor state-prison com- missioner. He was subsequently removed by the governor, and Henry Brown appointed in his place. Herman Haertel was elected emigrant commissioner ; R. P. Eighme, register of State
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land-office ; James Murdoch, receiver ; Charles Dunn, Rufus C. Parks, J. K. Williams, and Nelson Dewey, regents of the State University ; L. M. Miller, Benjamin Allen, and Andrew Proud- fit, commissioners of board of public works.
On the 26th of January, 1843, William K. Wilson of Mil- waukee preferred charges in the assembly against Hon. Levi Hubbell, judge of the second judicial circuit of the State, of divers acts of corruption and malfeasance in the discharge of the duties of his office. The assembly appointed a committee of five to examine the same ; and, on the 23d of February, they reported that they had the same under consideration, and had taken testimony upon the subject of said charges, and the judicial conduct of said Judge Levi Hubbell ; and, upon the proofs so taken, found that the said Levi Hubbell had been guilty of divers acts of corruption and malfeasance in the discharge of the duties of his said office, as set forth in the charges and specifications against him, and that public justice required that the said Levi Hubbell should be removed from his said office of judge of the second judicial circuit.
On the 4th of March, a resolution was adopted, appointing a committee to report articles of impeachment, and that " said committee are hereby directed to go to the senate, and at the bar thereof, and in the name of the assembly and of the people of the State, to impeach Levi Hubbell, judge as aforesaid, of corrupt conduct and malfeasance, and acquaint the senate that the assembly will, in due time, exhibit particular articles of impeachment against him, and make good the same." On the 22d of March, the committee reported that they had performed the duty assigned them. On the 26th of March, a joint resolu- tion was adopted, that " the two houses will, on the 4th of April next, take a recess until the 6th of June," at which date the two houses re-assembled. On the 8th of June, the senate sent a message to the assembly, informing them that they were ready to proceed with the trial of Hon. Levi Hubbell in the senate-chamber.
In the senate, the trial of the impeachment was carried on, on the part of the State, by a committee of the assembly, who secured the services of Edward G. Ryan, Esq., as attorney ; and the respondent retained Jonathan E. Arnold and James H.
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Knowlton, Esqs., as his attorneys. There were eleven articles of impeachment, and sixty-eight specifications to the same.
Without going into further details of this trial, which created great interest throughout the State, it may be stated, that on the 9th of July, after a full trial, the senate announced, that judgment had been taken upon all the articles of impeach- ment, and upon all the specifications thereunder respectively ; and it appeared that not a sufficient number, according to the provisions of the constitution, had voted to find the respondent at the bar guilty of any one of the said charges and specifica- tions. The president of the court arose, and declared that Levi Hubbell, judge of the second judicial circuit of this State, was acquitted of all the charges preferred against him by the Honorable the Assembly of Wisconsin, in their several articles of impeachment. When the court adjourned sine die.
Among the acts of a general nature passed at this session was one for the incorporation of the State Historical Society of Wisconsin. The object of the society was to collect, em- body, and preserve in authentic form, a library of books, pam- phlets, maps, charts, manuscripts, paintings, papers, statuary, and other materials illustrative of the history of the State; to rescue from oblivion the memory of its early pioneers, and to obtain and preserve narratives of their exploits, perils, and ad- ventures ; to exhibit faithfully the antiquities and the past and present condition and resources of Wisconsin ; to promote the study of history by lectures, and to diffuse and publish infor- mation relating to the description and history of the State. An act was passed to provide for the geological survey of the State, providing that the governor should appoint a State geologist, who was to appoint an assistant. It was provided that the work should commence in that portion of the State known as the "Lead-mines," the State geologist to report to the governor from time to time during the progress of the survey. All specimens of minerals and of geology were to be deposited in the cabinet of the State University ; and the sum of twenty-five hundred dollars was appropriated annually, for four years, to carry into effect the provisions of this act.
An act to submit to the people the question of a prohibitory liquor law was also passed. The question was to be voted upon
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at the general election, on the first Monday of November ; and also an act to provide for the punishment of murder in the first degree, and to abolish the penalty of death, by the provis- ions of which the penalty of murder shall be imprisonment in the State-prison during the life of the person convicted. Another act was passed, to submit the question to the people, to hold biennial sessions of the legislature. The regents of the State University reported that the foundation of the second dormitory building had been carefully protected from injury, and asked for a State appropriation of fifteen thousand dol- lars to complete the work on the building; that the uni- versity grounds had been suitably enclosed, and about seven hundred trees set out. Of the six departments of instruction marked out by the Board, the chair of ethics, civil polity, and political economy, was occupied by the chancellor ; the chair of mathematics, by Prof. John W. Sterling; that of ancient languages, by Prof. O. M. Conover, with S. H. Carpenter em- ployed as tutor. Prof. E. S. Carr, late of Castleton Medical College, had been elected to the chair of chemistry and natural history.
The trustees of the Deaf and Dumb Institution reported that they had engaged the services of Louis H. Jenkins as prin- cipal ; that the institute building had been put under contract (a brick building two stories, thirty-two by forty-four feet in size), and were satisfied, that, when completed, it would be inadequate for the purpose. They asked the legislature for an appropriation of five thousand dollars for the erection of the east transverse wing according to the plan adopted by the Board, and approved by the governor.
The report of the bank comptroller showed that there were twelve banks doing business under the general banking-laws during the year 1853; that the total amount of circulating notes issued to such banks, outstanding on the 31st of January, 1854, was 8593,066, for the redemption of which, securities had been assigned to the State treasurer, amounting, in the aggregate, to $608,000.
The Annual Report of the State-prison commissioners showed the number of convicts confined on the 31st of December, 1853, to have been sixty-one. The prison building contained
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but sixty-seven cells, showing room only for six additional convicts. He also reported, that, on the 14th of December, he entered into a contract with Andrew Proudfit for doing the mason-work of the south wing of the main building, to be com- pleted by Dec. 20, 1854, upon an enlarged plan of the Albany County Penitentiary, which would contain 280 cells. The indebtedness of the prison on the 31st of December, 1853, was $12,880.28.
The Democratic State Convention was held on the 9th of September, at Madison, when the following persons were put on nomination for State officers : for governor, William A. Bar- stow; lieutenant-governor, James T. Lewis ; secretary of state, Charles D. Robinson ; state treasurer, Edward H. Janssen ; attorney-general, George B. Smith ; superintendent of public instruction, Hiram A. Wright ; state-prison commissioner, A. W. Starks; and William M. Dennis, bank comptroller.
On the 13th of September, the Whig State Convention was held, which nominated Henry S. Baird for governor; Bertine Pinckney, lieutenant-governor; J. A. Hadley, secretary of state ; James Maxwell, treasurer ; Orsamus Cole, attorney- general ; J.G. McMynn, superintendent of schools ; B. F. Pixley, bank comptroller; and Elisha Starr, state prison-commissioner.
On the 10th of October, another convention was called by Free-soilers and others, known as the " People's Convention," at Watertown, which put in nomination the following ticket : for governor, Leonard J. Farwell ; lieutenant-governor, Edward D. Holton ; secretary of state, J. A. Hadley ; treasurer, Samuel D. Hastings; attorney-general, James H. Knowlton ; superintend- ent of public instruction, John G. McMynn ; bank comptroller, James S. Baker; and state-prison commissioner, Selah Booth.
Gov. L. J. Farwell declined being a candidate for re-election : Edward D. Holton was substituted in his place, and Bertine Pickney for lieutenant-governor. At a subsequent date, James H. Knowlton declined the nomination of attorney-general ; and Orsamus Cole was placed on the ticket in his place, and B. F. Pixley as bank comptroller, vice James H. Baker, declined.
Before the election in November, the nominees of the Whig Convention withdrew their names as candidates, except Henry S. Baird for governor; and the Whigs generally united with
Dictized
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the Free-soilers, and those dissatisfied with the Democratic ticket, in voting for the People's ticket.
The official vote of the State showed the following figures : for governor, W. A. Barstow, 30,405; E. D. Holton, 21,286 ; H. S. Baird, 3,304. Lieutenant-governor, J. T. Lewis, 32,176 ; B. Pinckney, 23,378; scattering, 270. Secretary of State, A. T. Gray, 31,843; J. A. Hadley, 23,599; C. C. Sholes, 215. Treasurer, E. H. Janssen, 31,992; S. D. Hastings, 20,811, James Maxwell, 2,778. Attorney-general, G. B. Smith, 31,705 ; Or- samus Cole, 23,776. State superintendent, H. A. Wright, 30,904 ; J. G. McMynn, 23,061. Bank comptroller, William M. Dennis, 30,750 ; B. F. Pixley, 24,363 ; scattering, 211. The vote on the prohibitory liquor law was, for the law, 27,519; against it, 24,109. There was no party issues particularly involved in this election. The issues were all confined to ques- tions of State-policy. The prohibitory liquor law was promi- nently discussed in the canvass.
In April, 1853, Gov. Farwell appointed Edward Daniels State geologist; and the latter selected H. A. Tenney as assistant.
CHAPTER XXVIII.
ADMINISTRATION OF GOV. BARSTOW.
Events of 1854 -Legislation - Newspaper Criticisms on the Legislature - Great Excitement in Milwaukee and Racine over a Fugitive Slave - His Arrest and Capture - Litigation - The School Board Fraud.
ON the second day of January, 1854, the administration of the State government passed from the hands of one set of men to those of another, and this without parade, military display, or ostentatious demonstration. In the morning, Leonard J. Far- well called at the room of William A. Barstow, governor-elect, and, after exchange of friendly greetings, informed him that he was ready to commit to his hands the high trusts of the State at twelve, M. The State officers elect repaired to the Executive office, accompanied by most of the retiring officers, and many citizens, when the oath of office was administered by Judge N. B. Eddy to all, except Lieut .- Gov. James T. Lewis, who was absent. George P. Delaplaine, Esq., who had been private secretary to Govs. Tallmadge, Dodge, and Dewey, was re-ap- pointed to that position.
The seventh session of the legislature convened on the 11th of January, 1854, and adjourned on the 3d of April, after a ses- sion of eighty-three days. Lieut .- Gov. J. T. Lewis was presi- dent of the senate, Samuel G. Bugh was elected secretary, and J. M. Sherwood sergeant-at-arms. In the assembly, Frederick . W. Horn was elected speaker, Thomas McHugh chief clerk, and William H. Gleason sergeant-at-arms. Gov. Barstow in his message referred to the unusual health, and unparalleled prosperity of the people of the State, saying that every branch of industry had prospered, the internal improvements conduct- ed by private enterprise had steadily progressed, and were mani-
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festing their importance by substantial benefits to the people. He referred to the death of Hon. William R. King, Vice-President of the United States, recommended a change in the system of county governments, and gave an exhibit of the condition of the treasury for the year 1853: general fund, $152,565.32 ; prin- cipal of school fund, $67,704.76 ; principal of university fund, $11,095.47 ; income of school and university fund, $80,267.06. The disbursements were, general fund, 8160,786.64; school funds, loans, and income, $89,795.55; university fund and income, $3,903.94 ; overpayments of general fund, 88,281.32. The secretary of state estimated the probable amount to be drawn from the treasury during the year 1854 for the general expenses of the State at $147,210.70, and the means applicable to meet the same; viz., State tax (six mills on the dollar), $150,000 ; arrearages due from counties, 89,332.74; and mis- cellaneous, 87,685 : total, $160,017.74. He referred to the vote on the prohibitory liquor law, and suggested such legis- lation as would subserve the true interests of the State. The State superintendent of schools reported that there had been expended in the erection of schoolhouses $289,346.89, of which 845,071.84 were expended in 1853, and that, of the forty-five counties in the State, reports had been received from thirty-nine. The whole number of school-districts reported in the State was 2,072 and parts of districts, 932; number of children over four and under twenty years, 138,279; increase over preceding year, 13,496. The amount expended for schools in 1853 was $175,134.17.
Among other bills passed at this session was one for the con- struction of the south wing of the State-prison (and twenty-five thousand dollars were appropriated for that purpose) ; one to prohibit the circulation of unauthorized bank-paper ; one to pro- vide for a State lunatic asylum, commissioners to be appointed, who were to select and purchase not less than one hundred acres of land, and, with the advice and consent of the governor, to cause to be erected suitable buildings for the use of said insti- tution, to be constructed in accordance with the plan of the Worcester Hospital for Insane. The sum of fifteen thousand dollars was appropriated to defray expenses incurred under the provisions of this act. As will eventually be seen, this act was
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repealed, and the work commenced on the building discon- tinued. An act to amend Chapter 19 of the Revised Statutes, and to compile the school-laws of the State; an act to provide for international literary exchanges with Alexander Vattemare of Paris, providing that fifty copies of such State publications as may be designated by the governor be procured annually, until otherwise provided, and sent him, under the direction of the governor, and through the medium of the State Historical Society. The sum of one hundred dollars per annum was appro- priated to defray the expenses of transmission of such books and exchanges, and a bill providing for a final settlement with the Milwaukee and Rock River Canal Company. There were one hundred general laws passed, six joint resolutions, and thirty- five memorials; three hundred and thirty-seven laws of a pri- vate and loeal character, of which eleven were relative to acad- emies, twenty-four counties and county-seats, ten authorizing the erection of dams, five for ferries, six insurance-companies and four iron companies chartered, thirteen relative to the eity of Milwaukee, twenty-five charters and amendments to rail- roads, thirty-three plank-road charters, forty-five for State roads, ten on schools, nine for extending the time for collection of taxes, and a large number of appropriation bills.
Of the business of the session, there appears to have been a diversity of opinion as to the merits of the bills passed, and the refusal of the legislature to pass others which were before that body for consideration. One newspaper, referring to the legis- lature, says, " The session has been much longer than was anti- cipated, and its expenditures mueh greater than could have been expected at its beginning, exceeding those of the preceding ses- sion, although quite an amount was appropriated to pay expenses incurred by the impeachment trial. The people worked confidently for a prohibitory liquor law, as there was a majority of the vote of the people in favor of it at the election of 1853. A bill for a more equitable system of assessment and taxation, one to protect the extortionate and illegal fees which it was claimed the commissioner of school and university lands exacted from purchasers, and one providing for the creation of the office of State auditor, to protect the State against numerous unjust and exorbitant claims which are liable, without such an officer,
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to pass the legislature without due investigation, were de- feated."
Another paper says, "The great majority of the assembly were elected on the ' Maine Law' issue. They were good and honest men. They had, however, an eye single to the end of passing that law; and their zeal and their uncompromising ear- nestness blinded them as to the best way to accomplish this object. They were elected to pass some kind of a prohibitory liquor law, and would take none but the one modelled upon their first crude and undigested idea of one. When that was defeated, they declared that their responsibility no longer existed, and they would have no law. Take it all in all, it has, perhaps, done as well as the majority of legislatures do, neither worse nor bet- ter. Government is an evil at best, and only tolerable so far as necessary to insure order, to protect right, and to regulate soci- ety."
There was a great excitement in Milwaukee and Racine in the early part of March of this year, growing out of the first case under the Fugitive Slave Law in Wisconsin. From the newspapers we have a brief statement of the facts connected therewith. A colored man named Joshua Glover had been for some time employed in the mill of St. Claire and Rice, near Racine. He was the slave of B. S. Garland of Missouri, and who, hearing of his whereabouts, came on, procured a process in the United-States District Court, and, with the assistance of Deputy Marshals Cotton and Carney, proceeded to the shanty of Glover to make the arrest. They found him, with three or four other colored men, playing cards. The marshal and his posse knocked at the door of the shanty. One of the negroes inside opened the door, and admitted them. As they proceeded to arrest Glover, he made some demonstrations of resistance, when Marshal Cotton presented a pistol. Glover raised his hand either to ward it off, or to snatch it, when Marshal Carney struck him with a club that knocked him down. He was then secured, and placed into a wagon, when, with his captors, he was started off to the southward, for the purpose of misleading the mob which they expected after them. After travelling south a few miles, they struck off to the west, and reached Milwaukee by a circuitous route, at about three o'clock on Saturday morn-
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ing, and lodged Glover in the county jail. In the mean time, alarm had been given in Racine by a negro present at the arrest, and searches were instituted in various directions for the officers and fugitive. As soon as it became known in Milwau- kee that a fugitive was in the jail, that building was surrounded with people, and a great excitement ensued. Lawyers set to work to devise some plan for releasing the prisoner by legiti- mate means. A writ of habeas corpus was applied for by Gen. Paine, which was issued by Judge Jenkins, county judge of Milwaukee, and a telegraphic despatch was also sent to Racine for a warrant to arrest the men who had assaulted and beaten him in the shanty. Meanwhile the thousands congregated about the court-house and jail were called to order, a meeting organized, addresses calculated to fan the flame of indignation already kindled were made, and resolutions passed asserting the right of every person to a habeas corpus and a trial by jury. A vigilance committee was appointed to see that the fugitive was not secretly taken away. A writ of habeas corpus was got out by the negro's counsel, C. K. Watkins, Esq., and served upon the United States marshal. This was about five o'clock in the afternoon. About this time, the steamer from the South landed nearly a hundred men from Racine, who marched in solid pha- lanx to the jail. The excitement of the multitude became over- powering. Demands for the prisoner were made, and, on refusal to comply, the door of the jail was attacked with axes, planks, &c., broken in, the negro rescued, put in a wagon, and driven towards Racine. An attempt to call out the militia proved a failure.
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