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 23
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On the 12th of September, 1856, the joint select committee of the legislature, appointed " to investigate the offices of the state treasurer, secretary of state, and school and university land commissioners from the commencement of the State government" made a report. From this report, which is a very full one, it appears the committee found that the books in the offices of the treasurer and school-land commissioners had been kept in a loose and careless manner; and, in the latter office, the books were disfigured and defaced with erasures of names and figures, and other names and figures substituted with interpo- lations, remarks, and alterations, which, in many instances, rendered it impossible to ascertain either the original entries, dates, or the amount of principal and interest paid ; that the entries on the journal of the treasurer were made without any regularity of date, entries being made first as late as July or August going back to January of the same year. The vouchers of the treasurer were also found in great confusion, there
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being no arrangement either of name or date, but being thrown into one confused mass. These, extending through a period of eight years, had to be arranged and compared with the corresponding entries on the journal of the treasurer. Many of the vouchers were missing ; and many of those laid before the committee as vouchers were rejected, because they offered no evidence of the payment of money to any person. A list of such missing and rejected vouchers accompanied the report. It also appeared, by the report on the testimony of competent parties, that the State officers and clerks were allowed to take money from the treasury in anticipation of their salaries, leav- ing no other evidence of indebtedness than a slip of paper upon which was written, " Good for - dollars," mention- ing the amount taken, and signing their names. One party had borrowed money from the assistant treasurer on his own due-bill. A full account of the defalcation of E. H. Janssen, state treasurer, is given; and the blame attached to that officer is due to Mr. D. H. Seaver, assistant treasurer, as the treasurer was absent from the Capitol, owing to sickness and death in his family; and the business of the office was left exclusively in the charge of his assistant. His defalcation is estimated at 88,628.70.
The details of the sales of lands in the office of the commis- sioners of school and university lands are given ; and charges are made of favoritism, and that many re-sales of forfeited lands were sold a second time to purchasers for a less amount than they were sold for originally, thus making it an object for purchasers to forfeit their lands ; and that the fund granted for the purpose of insuring the lasting establishment of our common school system, instead of working the beneficial results intended, the committee were compelled to say that the result of their investigation showed that there was no foundation for such hope or belief; that tens of thousands of dollars of this fund had been embezzled, and many hundred of thousands "lost and squandered," whatever may have been the hope of every citizen of the State who loves the sacred cause of education, to the contrary ; that criminal negligence, wanton recklessness, and utter disregard for the most responsible duties which could be imposed upon man, had distinguished the management of this
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fund. Appended to this report are affidavits, and statistics of the condition of the offices referred to.
In reply to this report, and charges against the late State treas- urer and commissioners of the school and university lands, those gentlemen, on the 10th of September, sent a reply to the legis- lature, vindieating their conduct against these charges. They stated, that, notwithstanding repeated applications to the inves- tigating committee for the privilege of examining the testimony taken before them, they had not been allowed to see it; but, on the contrary, such privilege had been positively refused, and they had been able only to gather some conception of the import from common rumor, by which they were given to understand that it contained matters reflecting severely upon their integrity as men and as public officers; that, upon read- ing the report of said committee, but one impression ean be made, and that is, that all the irregularities, of whatever descrip- tion, that are alleged to have occurred in the management of the school-fund and sale of school-lands during a period of eight years are chargeable to them.
In reply to the charge " that the books are disfigured and defaced with erasures of names and figures, and other names and figures substituted with interpolations," &c., they have to say that the books in the land-office since the re-organ- ization of the system of managing the affairs of that office, in the summer of 1854, are not justly liable to any such eensure, and that there is not any thing in the exhibits, or the proof sub- mitted with the report, to justify the remark. To the remark that the State offieers and clerks were allowed to take money from the treasury in anticipation of their salaries, leaving no other evidence of their indebtedness than a slip of paper upon which was written, " Good for - dollars," it was an accommodation to the treasurer to pay moneys in this way to officers who kept their accounts with him, and settled once a year. It was his business to see that we did not overdraw our accounts; and, so far as they were concerned, there was nothing in the report of the committee, or in the testimony, to show that they were at any time overdrawn. The books in the seere- tary's office show when they receipted for their salaries ; and it was not against these we made drafts. The treasurer accounted
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to them for their fees, he having received them; and their set- tlements with him always showed that they had kept very far from overdrawing their accounts. They were not allowed, as the report states, to take money from the treasury ; but, when the treasury was indebted to them, the treasurer paid a part that was due upon their giving an acknowledgment for the amount so paid.
The commissioners also go into minute details relative to the purchase of school-lands by various parties, whenever they are charged with irregularities and wrong-doing, which we will not repeat, more than to say that they claim to have refuted all charges against them.
To this document, the investigating committee on the 10th of October, made a reply to the legislature, re-affirming the position taken by them on their first report, and denying the statements set forth by the late school-land commissioners.
The session closed on the 13th of October. Of the important measures passed at this adjourned session, there was one to apportion and district anew the members of the senate and assembly, by which the number of the members of the assem- bly was increased from one hundred and seven to one hundred and twenty-seven; one to secure the enlargement and immedi- ate completion of the improvement of the navigation of the Fox and Wisconsin Rivers ; one to provide for determining, and finally settling and paying, the claim of Andrew Proudfit for work done and materials furnished under his contract for build- ing the State Lunatic Asylum ; one to accept the grant, and execute the trust conferred on the State by act of Congress, entitled " An Act granting Public Lands to the State of Wiscon- sin, to aid in the Construction of Railroads in the State ; " an act to simplify and abridge the practice, pleadings, and proceedings of the courts of the State ; an act comprising three hundred and sixty-eight sections; an act to grant certain lands to the La Crosse and Milwaukee Railroad Company, and to execute the trust created by the act of Congress before alluded to; an act to provide for the disposal and sale of the swamp and overflowed lands ; an act to provide for the revision of the general laws of the State ; an act for levying a State tax for the year 1856, of three hundred thousand dollars; an act to execute the trust
Dotze
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created by act of Congress, &c., by incorporating the Wisconsin and Superior Railroad Company, and granting a portion of said lands thereto ; also an amendatory and supplementary act, &c., to the same company.
The bill to accept the grant of lands, and to execute the trust conferred on the State by Congress, to aid in the construction of railroads in the State, was one' of great importance, and occupied the closing days of the session. Much difference of opinion was entertained on the merits of the bill introduced, known as the " Milwaukee and La Crosse Railroad Bill." The various sections of the State had an interest in this land-grant, and the benefits to arise from it; and it was after a long debate that a bill designed as a compromise was passed, but was vetoed by the governor ; and another bill similar to the first was intro- duced to obviate the objections of the Executive. This bill passed, and received his approval. It will be necessary to recur to this measure hereafter, as the history of this land-grant, and of the La Crosse Railroad, has had a famous reputation.
It will be seen while the business of the first part of the ses- sion was limited, and but little accomplished, the latter part was an active one; and many important measures were considered and enacted.
To summarize the business of the whole session, we find one hundred and forty-five general laws passed, three joint resolu- tions, and twenty-seven memorials to Congress. Of the laws, fourteen were amendments to general laws, fifteen appropriation bills, thirteen concerning courts, twenty-nine change of name, ten amendments to Revised Statutes, cight on railroads, twelve authorizing the secretary of state to audit accounts, six on schools, three on taxation ; and, of the private and local laws, seventy are amendatory acts to charters of rail and plank roads, ten to booms, thirteen to bridges, one hundred and thirty- five charters to institutions and corporations, nine to cemeteries, eleven to mill-dams, twenty-four ferries, twenty-two concerning Milwaukee, thirty-six to school-districts, seventy-two State roads, nine organizing towns, and thirteen to villages. The superintendent of public instruction reported that the whole number of children in the State on the first day of September, 1855, between the ages of four and twenty, was 186,085; increase
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since 1855, 30,960. Amount received for the year 1855 for school-purposes, 8264,764.03, of which amount $216,542.72 was for teachers' wages. The regents of the university reported that the second dormitory building, which was under contract, and in process of erection, at the date of the last report, was completed and accepted in June, 1855. The contract price of the building was eighteen thousand dollars. The whole cost, including furnace, additional fixtures, and extras, was estimated to be about twenty thousand dollars. The trustees of the Deaf and Dumb Institution stated that it would be necessary to commence as early as possible the erection of the main build- ing, which would cost not less than thirty thousand dollars. The whole number of pupils in attendance during the year 1855, thirty-four.
The trustees of the Blind Institution reported that the erec- tion of the main edifice, and the east wing connected with it, had progressed with all possible speed, with strict reference to durability ; and, further, that they expected to finish the building at an early day, should the legislature furnish the necessary means for that purpose. The number of pupils in the institu- tion was fourteen.
Agresably to the act providing for a settlement with Andrew Proudfit for work and materials on the State Lunatic Asylum under his contract, the governor appointed Timothy O. Howe, Fred. S. Lovell, and William Pitt Lynde, commissioners to hear the testimony in the case, and to determine the amount of dam- age which he had sustained by reason of the legislature annull- ing said contract. The governor appointed James R. Doolittle, J. A. Sleeper, and C. Abbott, attorneys on the part of the State ; and Mr. Proudfit secured the services of E. G. Ryan, Orton & Hopkins, and Samuel Crawford, as his attorneys. The commis- sioners, after a careful and impartial investigation of the whole subject, and arguments of counsel, on the 1st of January, 1857, awarded him the sum of $7,400. The opinion of Mr. Howe, which was concurred in by Messrs. Lovell and Lynde was clear and conclusive, and was published in the newspapers of that day. The high character of the gentlemen composing the commission has given the public assurance that justice would be done by them, regardless of all party feeling; and their award demon- strates that that confidence was not misplaced.
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The presidential election took place in November of this year (1856); and the canvass was as exciting as in other parts of the Union. The result was, that the Republican party was success- ful in the State; and the Republican electors - E. D. Holton, James H. Knowlton, Gregor Menzel, W. D. McIndoe, and B. Mc Williams- had a majority of 13,247. John F. Potter, C. C. Washburn, and C. Billinghurst, Republicans, were elected con- gressmen over Jackson Hadley, Samuel Crawford, and H. C. Hobart, Democrats.
The electoral college met on the 4th of December, 1856, and cast the vote of the State for John C. Fremont for president, and William L. Dayton vice-President.
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HON. HUGH MACFARLANE.
CHAPTER XXXII.
ADMINISTRATION OF GOV. BASHFORD.
Events of 1857 - Legislation - Election of United States Senator - Legislation -The Capital - Election Contest, &c.
THE tenth session of the legislature convened on the 14th of January, 1857, and was organized in the senate, Lieut .- Gov. A. McArthur being president, and the election of William Henry Brisbane as chief clerk, and Alanson Filer sergeant-at- arms. The assembly was organized by the election of Wyman Spooner as speaker, William C. Webb chief clerk, and William C. Rogers sergeant-at-arms. The legislature held a short ses- sion of fifty-four days, and adjourned on the 9th of March. The Republican party had a majority in both houses.
Gov. Bashford in his message said, " At no time since our existence as a State has a greater measure of prosperity and happiness been enjoyed among the people than during the year just terminated." He reported the condition of the several funds as follows : -
The general fund was indebted to the other funds on Jan. 1, 1856
813,940.88
The deficiency of the previous state treasurer was 32,358.54
The disbursements during the year from the general fund amounted to.
349,350.45
Total
$305,055.87
The amount of receipts during previous year.
388,653.59
Balance due other funds from the general fund, Jan. 1, 1857. $7,002.28
The total capital of the school fund, Jan. 1, 1857 2,017,903.74
The total capital of university fund 310,887.35
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HISTORY OF WISCONSIN.
He also reported that the convicts in the State-prison on Dec. 3, 1856, was a hundred and eight, and the current ex- penses during the year, 827,384.66; that the number of banks organized and doing business was fifty, the aggregate capital amounting to $3,290,000,000, an increase of 81,320,000 over preceding year. The whole amount of circulating notes issued to banks was 81,950,967, which notes were secured by stocks, &c., for their redemption, valued at $2,208,476; and that several banks had been closed up without any loss to the bill-holder. He also referred to the State University, and solicited attention to their report; from which it appears that the whole number of students in attendance during the year 1856 was a hundred and sixty-nine; that several new depart- ments had been created and established; and that it was pro- posed soon to organize the law-school, and the department of civil engineering. He said that the report of the Deaf and Dumb Institution gave evidence of an able and economical administration of its affairs, and that it was in a flourishing condition, and that the rapid accession to the number of its pupils rendered necessary the early erection of the main build- ing ; that the Blind Institution had nearly completed a spacious and beautiful edifice, and asked for an appropriation to finish and furnish it in a proper manner, and to improve the grounds. He reported a very favorable condition of the affairs of the State Historical Society, whose library on the 1st of January contained 3,120 volumes, besides a fine collection of oil paintings, and valuable memorials of the early history of the State and Territory. He stated, that, in pursuance of law, he had appointed John F. Potter, Samuel J. Todd, and B. Mc Williams commissioners to revise the General Statutes of the State.
Among other subjects which he suggested for the considera- tion of the legislature, none, he said, seemed to demand more attention than a law to diminish the excessive amount of special legislation which was demanded at each session, and that a strict compliance with the provisions of the constitu- tion of the State, in this regard, would greatly shorten the sessions of the legislature, and diminish the expenses of the State. He remarked that nearly two-thirds of all the legisla-
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tion of previous sessions might have been attained through general laws: he also remarked that a general railroad law would be productive of great benefit.
He recommended that power be granted to the secretary of state to audit and allow all accounts against the State, where the same could be ascertained by computation. He referred to the State Lunatic Asylum, and the settlement with Mr. Proud- fit, and recommended immediate steps for the erection of a suitable asylum. He also recommended some changes in the laws for the assessment and collection of taxes, and also to the claims of the State against the General Government for the five per centum of the net proceeds of the sale of government lands within the State, which amount he estimated at two hundred and fifty thousand dollars, and which is withheld from the State. He said that patents had been received from the gen- eral land-office, in part for the swamp and overflowed lands donated to the State, to the amount of 1,477,545,4% acres, and the State would ultimately receive in all about two millions five hundred thousand acres. He said the work on the Fox and Wisconsin River Improvement had progressed favorably by the company who had the same in charge, and that con- tracts had been let for the entire work, between Portage City and Green Bay. He closed with referring to the troubles in Kansas, and by transmitting to the legislature a petition of six persons, formerly residents of this State, who emigrated to that Territory, and had been thrown in prison at Lecompton upon charges of high crimes and treason, for defending their proper- ty against an organized band of armed marauders from Missouri.
On the 23d of June, agreeably to the constitution of the State, the legislature met in joint convention for the purpose of electing a United States senator in place of Hon. Henry Dodge, whose term of office expired March 4 of that year ; and, a vote having been taken, James R. Doolittle received seventy-nine votes, and Charles Dunn thirty-six votes, two scattering ; whereupon the president declared the votes given for James R. Doolittle were out of order and void, and that, no person having received a majority of the votes, there was on election, and proceeded to give the reasons for his decision,
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to the effect that Mr. Doolittle having been chosen a circuit judge in 1853, and the term for which he was chosen not having expired, he could not be voted for at that time : where- upon an appeal from the decision of the chair was taken; and, a vote being taken, it appeared that forty votes were for sus- taining the president, and seventy-one votes against it. So the decision of the chair was not sustained. In the Republi- can caucus on the first ballot, Mr. Doolittle received twenty- five votes, Timothy O. Howe twenty-five votes, and E. D. Holton twenty-one votes. On the 16th of February, the legis- lature in joint convention elected Horace A. Tenney, E. S. Carr, J. G. McMynn, and J. L. Pickard, regents of the State University.
A number of important bills were passed at this session. Among them were the following : a bill relating to the writ of habeas corpus to persons claimed as fugitive slaves, the right of trial by jury, and to prevent kidnapping. This was known as the Personal Liberty Bill, and designed to invalidate the acts of Congress on that subject. An act providing for the erection of the main edifice of the State University, and the sum of forty thousand dollars appropriated for its construction. An act authorizing the enlargement of the State Capitol, and pro- viding and appropriating means for the payment of the same, by the provisions of which the commissioners of school and university lands were directed to sell the ten sections of land appropriated by Congress for the completion of the public build- ings. This act, in addition to securing the funds that would arise from the sale of such lands, also provided that the city of Madison should donate the sum of fifty thousand dollars in city bonds, payable in twenty years, to the same object. An act to provide for a geological and agricultural survey of the State. To carry out this act, James Hall of Albany, N.Y., Ezra S. Carr and Edward Daniels of Wisconsin, were appointed commissioners ; and six thousand dollars per annum were appro- priated for the term of six years for salaries and expenses in connection with the survey. An act to extend the right of suffrage to male persons of African blood who shall have attained the age of twenty-one years, the act, before taking effect, to be submitted to a vote of the people in November,
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1857. An act to consolidate the rail and plank roads in the State. An act to provide a State hospital for the insane; and the sum of thirty-five thousand dollars appropriated to carry into effect the provisions of the act. To provide for the levy- ing of a State tax of three hundred thousand dollars for the year 1857. An act to authorize the State Historical Society to publish an Annual Report and Collections of two thousand copies. An act to encourage academies and normal schools, and for the appointment of a board of regents of normal schools. An act to establish a house of refuge for juvenile delinquents (subsequently known as the State Reform School). An act to provide for the appointment of a superintendent of public property, and to define his powers and duties. The whole number of general laws passed was a hundred and two, six joint resolutions, and twenty-six memorials to Congress, and four hundred and fifteen private and local laws. The recommenda- tion of the governor on this latter class of legislation did not find much favor with the members of the legislature. To summa- rize, there were fourteen amendatory laws to acts passed in 1855 and 1856, thirteen authorizing the erection of dams, seven for ferries, sixteen incorporating insurance-companies, twenty-eight in reference to Milwaukee, seven for plank-roads, sixty-three incorporating and amending railroad charters, fifty-four on State roads, seventeen relief of school-districts, seventeen extending the time for collection of taxes, and many others of more and less importance. At the spring elections of 1857, Edward V. Whiton, Republican was elected chief justice of the Supreme Court, by about twelve thousand majority over Mont- gomery M. Cothren, Democratic candidate.
The governor appointed Ex-Gov. L. J. Farwell, Levi Sterling, and J. P. McGregor, commissioners of State Lunatic Asylum ; and on the 30th of March, Martin Mitchell, W. D. Bacon, and Edwin Palmer, commissioners to select a site for the House of Refuge for Juvenile Delinquents.
Very soon after the organization of the State government, the Capitol building became inadequate to the proper accommo- dation of the several departments which had been brought into being, and the business of which rapidly increased with the growth of the State. Still, by renting rooms in other
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buildings, it was made to answer the purpose for ten years after Wisconsin was admitted into the Union.
At this time, it had become apparent that a new Capitol must be built without further delay; and the necessity gave rise to a proposition in the legislature to remove the seat of government from Madison to some other point. Whether there was any real danger of the success of the proposition, or not, the people of Madison became alarmed, and voted to donate to the State fifty thousand dollars in city bonds to aid in the construction of a new Capitol on the old site. This proposition was accepted by the legislature; and on the 3d of March, 1856, an act was passed, as previously referred to, authorizing the enlargement of the State Capitol.
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