USA > Wisconsin > Brown County > History of Brown County, Wisconsin, past and present, Volume I > Part 21
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An early settler and much respected resident of Duck Creek in former years says that barter was this time and up to the year 1860 the accepted mode of trade, hampering to a large degree the merchant doing business in the various towns, who was forced to pay cash for his stock of goods. A farmer, would, for instance, go to the village of Fort Iloward for a pair of shoes, and would pay for them in garden produce, which must in turn be exchanged by the shoemaker for still another article of trade, and so on, indefinitely, with perhaps no real monetary return in the result.
Outside capital came to the relief of the Hydraulic Company and in 1847 it passed into the hands of Joshua F. Cox of New York, who had obtained control of the water power and property. That same year the old dam at De Pere gave way and in 1848, Cox through his agent, David M. Loy. built the present dam. The death of Cox occurred not long after, the property passed into the hands of certain New York parties, and later was acquired by Joseph G. Lawton and others at De Pere, who incorporated as the "De Pere Company" in 1854. Twenty- seven years later, July 19, 1881, the property was sokl under foreclosure of mort- gage to the Phoenix Mutual Life Insurance Company. the real estate, buildings and so forth, being bid in by the company for $19.945, the water power for $10,000.
The second session of the third Legislative Assembly convened at Madison, December 6, 1841. It was in many respects an unusual gathering of men ; about one-third were natives of slave states, and fifteen gave farming as their occupa- tion, showing that agriculture had at last taken firm hold on the pioneers of the state. The members of the Legislative Council from Brown were Charles P. Arndt, at that time Judge of Probate for the county of Brown, and Morgan Lewis Martin; in the House, Albert G. Ellis, Moses C. Darling and David Gid-
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dings. The delegates from Brown county also represented the counties of Fond du Lac, Manitowoc and Sheboygan.
In September, 1841, Governor Dodge was removed from the governorship by President Tyler, and in his place was appointed James D. Doty, a man of marked ability, and already thoroughly identified with Brown county's history. . Both he and his cousin, Morgan L. Martin were leaders in territorial organiza- tion and in the political life of Wisconsin, but were never in accord politically, and the friction between these two acknowledged leaders which sometimes came to open rupture, caused also dissention in territorial sessions.
Governor Doty assumed control in November, 1841, and a month later the legislature convened. It was from the first a stormy session; the Governor refusing to cooperate with the legislature; there were disputes on the floor, and a tragedy the most terrible of any that ever occurred in Wisconsin legislative halls took place in February, 1842.
In the seventh legislative council of Michigan, which as we have seen con- vened at Green Bay in January, 1836, James R. Vineyard of Grant county was a member. He made his home while in the town with the family of John P. Arndt, a prominent pioneer resident, and who with his wife were among the highly regarded of Green Bay's early citizens. The Arndt's were liberal, warm- hearted people, and Vineyard grew well acquainted with the son, Charles Arndt. at that time judge of the Brown county court, and editor of the Green Bay Re- publican.
When Charles Arndt was elected a member of the council from Brown county, the acquaintance begun in Green Bay between Vineyard and Arndt was renewed and the two young men were much together. On the evening of February 10, 1842. there was a large ball given in territorial circles in Madison, Vineyard and Arndt acting as managers. Both worked hard, for it was no small task to arrange for a social event of importance with the crude resources of that period, but although tired out with their efforts to make the affair a success the two men seemed on the best of terms when they met in the council chamber on the follow- ing day.
The difficulty grew out of a debate on a motion to lay on the table the nomina- tion by Governor Doty of Enos S. Baker to the office of sheriff of Grant county. Arndt opposed this, and supported Baker's nomination, saying that Vineyard had given the highest testimonials as to the nominee's character. Upon his making this remark Vineyard turned partly around and said it was a falsehood. Some words passed, the president, Moses E. Strong. called "order" and quiet was restored.
After the council had adjourned Arndt stepped up to Vineyard's desk and asked him for an explanation, demanding that he retract his words. This, Vine- yard refused to do. at the same time repeating that Arndt's words were false. Arndt then aimed a blow at Vineyard : members crowded around ; one or two blows passed, there was a shot ; Arndt reeled, and moved towards the fireplace, his hands on his breast : some one rushed forward and caught him as he fell ; he never spoke and died within five minutes. His father, John P. Arndt, who had reached Madison only the day previous on a visit to his son was present and saw the deed. Vineyard immediately surrendered himself to the sheriff, waived an examination and was committed to jail. Arndt's colleague, Morgan L. Mar-
BUTTE DES MORTES IN 1827
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tin, on the following day, addressed the council on the death of Arndt and offered resolutions of sympathy with the widow and in regard to preparations for the funeral, which were adopted. He also drew up the resolutions which were offered by Ebenezer Brigham of Dane county, formally expelling Vine- yard from the council. Vineyard's resignation was sent to the council but was returned unopened. Charles Dickens, the distinguished novelist was visiting in the United States at this time and the newspaper accounts of the legislative tragedy furnished a dramatic theme for the great writer in his arraignment of the undisciplined state of society throughout the country. In his American Notes he published word for word the story as given by Charles Sholes, who pre- ceded Charles Arndt in the editorship of the Green Bay Republican, and who, with his brother, Latham, had moved to Southport or as it is now called Racine, where they had gone into newspaper work, and were editing the Southport Telegraph.
Andrew E. Elmore, a prominent figure in legislative halls for many years (as member from Milwaukee county) gives the following reminescence of James R. Vineyard seven years after the fatal encounter with Arndt. Although feeling against the homicide had been very deep and widespread, and Judge Dunn had been strongly censured for his decision that the act had been committed in self defense, yet in 1849 Vineyard was again in the state legislature as member from Grant county. "When the committee appointed to report on the question as to whether the judiciary should be by appointment or election * *
* there was a great commotion, one calling out this, another that. James Magone of Mil- waukee, a bright man with a fine mind, called Moses M. Strong a liar, whereupon Strong lifted his heavy cane and hurled it at Magone. It struck the desk and made a deep dent in the wood. Some one called for an adjournment, and the members rushed out. I sat still, every moment expecting to hear shots fired ; but James R. Vineyard who had been sitting at my side, threw his arms around Strong and with the tears streaming down his face cried, Don't shoot. Look at me, look at me.' He told me later he had never had a happy moment since he shot Charles Arndt."
Governor Doty's administration was something of a disappointment to his ardent supporters; his refusal to cooperate with the state legislature causing constant delay in the execution of official business. The governor was, however, insistently pressing the subject of statehood, which did not meet with popular favor and was publicly denounced as "Doty's pet hobby," until 1846, when a wave of popular demand for immediate statehood swept over the territory. By order of the legislature a vote on this question was taken on the first Tuesday of April, 1846,-the franchise being restricted to "every white male inhabitant above the age of twenty-one years, who shall have resided in the territory for six months." The result was about six to one in the affirmative. Meanwhile a bill enabling Wisconsin to become a state was introduced in Con- gress, January 9, 1846, by Morgan L. Martin, the territorial delegate. Passing Congress it was approved by the president on August 10.
Governor Dodge, who was again in the gubernatorial chair, issued on the first of August a proclamation calling a constitutional convention, which held its session at Madison between October 5 and December 16, with Don J. Upham of Milwaukee as presiding officer. In this body some pugnacious members Vol. 1-11
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desired to place in the constitution a proviso that Wisconsin would accept state- hood only on the condition that she be "restored to her ancient boundaries." But this bit of bluster failed of passage, as did another proposition to establish a new state along the south shore of Lake Superior, to be named after that body of water ; The constitution, for the most part an exceptionably able document, was rejected by the people ( April 5, 1847) upon a vote of ayes 14, 118, nays 20,321. The democrats opposed those articles on the rights of married women and exemptions from forced sales ; while the whigs disliked the restric- tions that, with a caution born of intense popular distrust, had been placed upon banking and bank circulation.
The second constitutional convention assembled in Madison on December 15. 1847, with Morgan L. Martin of Brown county as president. The terri- tory now boasted of a population of 210.456, and the desire for statehood had become all but universal. The new constitution, carefully avoiding the rocks upon which its predecessor had been wrecked, was adopted by the people on March 13, 1848, ayes 16.799, nays 6.384. On May 29. President Polk approved a new act of congress, based upon the accepted constitution, whereby Wisconsin was at last admitted to the sisterhood of states. (Thwaites, Wisconsin. )
(References for Chap. XV: W. H. C. 1905: Strong, Territorial Wis .; Thwaites, Wisconsin; Wis. Territory, Ist Leg. Assembly : Andrew E. Elmore. Wis. Hist. Proc. 1910.)
CHAPTER XVI
COUNTY AND TOWN GOVERNMENT
When Governor Lewis Cass organized by proclamation the county of Brown in the territory of Michigan, the terms of said proclamation authorized a majority of the judges of the county court of Brown to establish the seat of justice at any point within six miles of the mouth of Fox river. In 1824, it was declared in the preamble to an act passed at the first session of the first legislative council of the territory of Michigan, that the judges of the Brown county court had neglected to comply with this authorization and that their failure to do this had caused "great and manifest inconvenience to the people of said county." The county is further advised that "the county commissioners of the county of Brown, or a majority of them, shall have power, and they are hereby required, on or before the first day of October next ensuing, to establish the seat of justice of said county of Brown at any point they may deem expedient within six miles of the mouth of Fox river."
This act was later amended to read that this matter should be decided by the county commissioners together with the justices of the county court and the territorial circuit judge. James D. Doty. Who the county commissioners were is not recorded, but Judge Doty and his colleagues proved equal to the occasion and promptly named Menomineeville as the county seat. The court sessions were held in "a house near Camp Smith, in the township of Green Bay, county of Brown," which was according to the statement of Mrs. Henry S. Baird, the old garrison schoolhouse.
The circuit judge and the justices continued to administer county affairs up to 1827, when for Michigan Territory at large the county commission system was abolished and townships were organized. This system of county government called for the election of a supervisor from each township, the whole to form a county board. In that same year, 1827, the first township organization west of Lake Michigan was adjusted. All that part of Brown county not held under Indian possession was organized into Green Bay township, the first meeting of the organization to be held at the house of John P. Arndt. In the county of Crawford by the same act of legislature, the township of St. Anthony was formed. These two townships included the village of Menomineeville in Brown county, and that of Prairie du Chien in Crawford county, still the only settled portions of western Michigan, and the only counties yet organized. The two townships were excepted from the existing law, as their population did not warrant the town system of government, and for them the county commission system continued in force.
Three supervisors were elected in each of these counties, who were expected to perform the duties of both town and county supervisors. Their official over- sight in Brown covered a large territory, but the populated area was very
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limited and extended only from Grand Kakalin, where at this time a saw mill and trading house had been erected, down Fox river to its mouth. The remainder was given up to densely wooded tracts, broken on the shores of streams by groups of Indian wigwams, and interspersed by stretches of cedar and tamarack swamp.
This system was virtually the original one of county commissioners, except that the office went by election instead of by appointment. No towns were organized in this part of the territory under this law and no record can be found of the election of the three supervisors. Judge Doty writes in a private letter that he trusts the supervisors are considering the building of a suitable court house, but does not mention names of the officials. His letters continue to be headed, Menomineeville, township of Green Bay; there seems however to have been no regularly incorporated town in the whole county of Brown. No impor- tant changes were made until 1835.
In that year by authority of the Michigan Legislative Council, William Dick- enson, Charles Tullar and John P. Arndt organized the De Pere Hydraulic Com- pany, and the following year, 1836, at the first session of the Wisconsin Territorial Council, John P. Arndt, the member from Brown, brought in a bill for its incorporation. The Hydraulic Company platted a 114 acre tract on the east side of the river, recording it as the "Plat of the Town of Depere." This was followed in 1830 by the plat of "Dickenson's Addition" and, in 1837, by "Irwin's First Addition."
On March 17, 1835, three townships were organized in Brown county. That of Green Bay comprised all the district of country north of private claim No. 2. and east of Fox river and Green Bay ; or all that land lying north of Main street. The first township meeting was to be held at the schoolhouse in Navarino. The township of Mason (named after Stevens T. Mason, governor of Michigan at that date) included the area of land on the east side of Fox river, south of private claim No. 2, and the first township assembly was to meet in the court house at Menomineeville. The township of Howard extended from the Grand Kakalin, the other limits indefinite, on the west side of Fox river, and the initial meeting was to convene at the house of jacques Porlier. (The Porlier-Tank cottage. )
Mason township existed for only one year when the township of Green Bay again absorbed Navarino, Astor and Shanty Town on the east side of the river and lToward the villages on the west side. In 1836 the territory of Wisconsin was organized and a general law of village incorporation was passed. Two years later towns were organized for judicial and police purposes and given some power in regard to roads.
In 1838, the territorial council established the "Town of Wilcox" ( named after Randall Wilcox ) which included what is now De Pere, on both sides of the river, but in March, 1839, the east side became part of the town of Depere, and the west side was again included in the town of Howard.
At the first session of the Wisconsin legislative council a determined effort was made to secure the seat of justice for Brown county for the new town of De Pere. John P. Arndt championed the bill and Henry S. Baird, the other mem- ber of the council from Brown county, opposed it.
The dispute over the county seat of Brown came up again at the second session
DE PERE HIGH SCHOOL
STREET SCENE IN DE PERE ABOUT 1866, SHOWING VILLAGE HOUSE, KEPT BY W. P. CALL
FIRST TRAIN ON MILWAUKEE NORTHIERN R. R., 1873, AND DE PERE DEPOT CHARCOAL KILNS, DE PERE, 1873
THE NEW YORK PUBLIC LIBRARY
ADIRA, LENOX AND TILDER FOUNDATIONL.
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of the Wisconsin Territorial Legislature. By an act "to change the seat of justice in Brown county," approved in December, 1836, it was provided, that an election should be held on the third Monday of January, 1837, to decide whether Navarino, Astor or De Pere should be awarded that honor. Governor Dodge was to certify the returns and issue a proclamation declaring the result.
The election was held, and on the first day of February, proclamation was made by the governor, that, "the town of Depere has received a large majority of the votes, and the seat of justice of the said county of Brown is established at Depere, from and after the first day of April, 1837." The miniature cities of Navarino and Astor were deeply chagrined at the result of the election and at the following session of the legislature petition was made that the two be incorporated as separate and distinct towns. The manifest absurdity of this proposition in view of the meagre number of inhabitants prevented its success. and killed the bill. Later the petition was changed to read "the town of Green Bay" and this in turn was amended to "the borough of Green Bay," and was approved by the governor on January 17, 1838, Morgan L. Martin being elected president of the new borough. This act of incorporation did not include the west side of Fox river, which was known at the time and for more than fifty years to come as Fort Howard.
No suitable building had been erected in which to hold court at De Pere, so opportunity was taken while Fox river was frozen over to move thither on the ice from Menomineeville, two and a half miles away, the log court house which for eleven years had served Brown county as a judicial centre. The growing importance of Wisconsin Territory demanded. however, within a year's time that Brown county have a larger and more appropriate building for its courts of justice and the De Pere court house was erected in 1838 at a cost of $5.740. Matthew Washburn, contractor. The building was of frame, the upper story being used for a court room and the lower for the jail and living rooms for the keeper's family.
In 1840 a concession was made in favor of Green Bay by the passage of an act making it permissible for the May term of the county court to be held at Green Bay and the October term of the same court at De Pere provided that not more than $100 should be spent in fitting up a suitable building at Green Bay, that all writs should be returnable to De Pere, the sheriff and clerk, however, being permitted to have offices at Green Bay. This curious see-saw action was terminated upon the incorporation of the city of Green Bay in 1854.
Wisconsin Territory when first established adopted the system of county commissioners, but those counties in the eastern portion, among them Brown, demanded a more democratic form of local government and in 1841, an act was passed to provide for the government of the several towns in the territory ; also for a revision of county government.
The new law provided that the people of each county should decide by popular vote as to whether the county commission system should be continued and the question accordingly came up for ballot at the general election of November. 1841. The result showed that the town system was adopted and that each town was to elect a town board to administer its affairs. At the same time a super- visor was to be elected to represent the town on a county board.
As Brown county, in 1840, embraced only the three towns of Depere, Green
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Bay and Howard and the meetings of the county board were to be held once a year, the three town boards up to 1848, did more toward managing general county business than the county board. The town board was an important body, exercising authority over a wide territory, but in Brown county only one town, that of Howard, has preserved its records complete from the first organization of the board seventy years ago.
There is no record kept of the Brown county board of supervisors up to the organization of Wisconsin as a state in 1848. At that date and up to 1852, the proceedings of that body are published annually and for several consecutive weeks in the one county newspaper, the Green Bay Advocate. The first meeting was held in January. 1848, the board consisting at that time of five members : Randall Wilcox, chairman ; Samuel Ryan, senior, Robert D. Stewart, Thomas Green and Alexander Grignon. The county officers were: J. F. Lessey, sheriff ; Harry F. Brown, treasurer; J. V. Suydam, clerk; Burley Follett, register ; Edward Outhwaite, clerk of the court; William H. G. Boyd, coroner; David Agry, district attorney ; Albert G. Ellis, district surveyor.
Upon the admission of Wisconsin to the Union in 1848, a new town was set off from Howard and named Lawrence in honor of Amos A. Lawrence, founder of the university at Appleton, and in 1852 the town of Pittsfield was organized. Randall Wilcox of De Pere, who was for several terms chairman of the Board of Supervisors, was a man highly respected and of sound judgment. He was moreover thoroughly interested in the growth and progress of his own town as well as the county in general, and was connected with most of the large moneyed enterprises of that day. He continued as the head of the county board until 1852, when Jonathan Wheelock of Lawrence, a sterling pioneer, was elected chairman. At the annual meeting in January. 1851, the members all being present except the chairman, Mr. Wilcox, D. W. Hubbard of Howard was given the chair pro tem. The clerk for that year was Earl S. Goodrich.
The first entry to be found in the "Journal of Proceedings of the Board of Supervisors of Brown County," is under date of April. 1852. Jonathan Wheelock of Lawrence, chairman. The other members present were Baron S. Doty, Green Bay ; D. Jordan, Depere, and Hoel S. Wright, Wrightstown ; the members from Howard and Lawrence not being present. This was the period when the Fox-Wisconsin Improvement. of which Green Bay and De Pere men were the incorporators, was the great interest of the whole Fox River valley. Therefore the Board of 1852, "Resolved :- that the faith of the county of Brown is hereby pledged to the punctual payment of 7 per cent of interest on any certificate of indebtedness hereafter to be issued to Morgan L. Martin and White. Riley and Arndt, contractors on Fox River, provided that the principal sum of said certificate of indebtedness to said Martin does not exceed the sum of $45.000, and to the said White, Riley and Arndt the sum of $6,000." On April 2. 1853, an act to authorize the counties of Brown and Outagamie to loan their credit was passed by the Wisconsin legislature, but no such pledge or guarantee could be given the county unless approved by the legal votes polled upon the subject in the several towns thereof.
Under date of February 15, 1853, a resolution of the county board is entered authorizing the county treasurer to bring suit against the former county clerk for the return of the books, papers and records, also the county moneys, all
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of which he seems to have refused to deposit in De Pere, considering it safer to carry them back and forth when necessary between his home in Green Bay and the county seat. The feeling had become rather tense at this time between the two towns owing to rival claims as to a county centre of government. On November 23, 1853, William Field, junior, is allowed four dollars by the county board for moving the county clerk's records from Green Bay to De Pere, which proves that they were finally deposited in their rightful place.
In 1853. John P. Arndt was elected chairman with William Field clerk, the other members of the board being Hoel S. Wright, W. J. Gillman, Thomas Bennett and J. Baldwin of Pittsfield, that town having been set off during the year. At this session of the board, Otto Tank and Nathan Goodell filed a petition for a permit to establish a ferry between Fort Howard and Green Bay. This ferry proved a great institution and was continued under different manage- ments until the building of the Walnut street bridge in 1862.
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