USA > Wisconsin > Buffalo County > History of Buffalo County, Wisconsin > Part 22
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In 1809 Illinois Territory was organized in that part of the Territory of Indiana lying west of the Wabash River and Lake Michigan and from the Ohio northwards to the boundary line be- tween the United States and Canada. Indiana and Illinois having' been admitted as states in 1817 and 1819 respectively, Wisconsin was again united with Michigan into one territory and remained in that dependence until July 4th 1836, when it was organized as a separate territory. Its first governor was Henry Dodge. The Territory embraced at that time all the land north of the line of the state of Missouri between the Mississippi and Missouri Rivers, hence all of Iowa and Minnesota with some parts of Dakota as well as the part now enclosed by the limits of the state. As a sum- mary of the political history I shall give the condension of much more than I intended to give from the History of Wisconsin Terri- tory by Moses M. Strong page 214 and 215.
1. From 1512 until 1627 claimed by Spain as a part of Flo- rida, which was discovered by Ponce de Leon. This claim, even allowing its validity, was never more than ideal, as far as Wiscon
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POLITICAL HISTORY.
sin was concerned, and crossed by that based on La Salle's discov- eries and exploration in regard to the reniainder.
. 2, From 1627 until 1762 dominion was claimed and to a con- siderable part exercised by France.
3. From February 1763 (Treaty of Paris) legal authority belonged to England, which continued to hold it de facto until 1796.
4. From 1783 (second treaty of Paris) the legal ownership of the Northwest Territory must be conceded to the different states which had their colonial limits extended over it by their charters. The rights of these states were formally surrendered to the United States by the compact contained in the ordinance of 1787. As the English held possession of most, if not all the fortified places until 1796 this claim was more or less dormant.
5. From 1787 the United States were the nominal owner of the land and became the actual one at the evacuation of the posts held by the British.
6. Civil and military authority were vested in 1800 in the government of the Northwest Territory by the United States.
7. In 1802 the same authority was vested in the Territory of Indiana.
8. In 1805 the Territory of Michigan including Wisconsin was created with the same authority.
9. Wisconsin was in 1809 attached to Illinois Territory.
10. 1819. Reunited to Michigan Territory.
11. In 1836 it was organized into a separate Territory with limits much extended.
In 1838 the parts west of the Mississippi were detached.
12. In 1848 it became a state.
The above, beginning with a condensed history of discoveries, settlements, wars and treaties, and transfers from one hand to an- other is much longer than might have been thought necessary for a history of so small a spot as one county, yet it may be considered laudable curiosity to inquire into the circumstances by which finally the establishment of the county came to be a legal and well authorized act. It is true, the place, or the people inhabiting it, did not have any action and influence in all these matters, but the developments related above, various and intricate, had a con- troling influence over the destinies of the state of which the county is now and has been since its organization a recognized and dis-
248 1 .*
POLITICAL HISTORY.
tinct part. An essential part of political life and history is the administration of laws, but laws suppose the existence and pres- ence of civilized persons acknowledging them. It is not necessary nor is it sometimes possible, to ask the consent, but: it is always important, to demand and compel, if need be, the submission to the laws. , Confining ourselves now to the history of the precise spot, of which we intend to speak, we may . dismiss the period of the supposed Spanish possessions with the remark that there were no laws, nor any persons; to whom, and by whom, they could be administered. : Whatever may have been the legal or actual period of the possession aforementioned, there is no trace left of any man -. ifestation of power or authority having been exercised in this country by the Spanish with the exception of the settlement att St. Augustin, Long, nearly half a century, afterwards, the French power was established permanently in Canada, and began to ex- tend itself like a thread, along the waterways and we find in 1634 the first civilized man penetrating into a locality which now is in- cluded within our state: During the 26 years which elapsed be- tween the permanent settlement by Champlain at Quebec and the visit of Jean Nicolet to Green Bay an intermediate post had been established at Mackinaw, though not on any other point in the chain of lakes and rivers of which the St. Lawrence forms estuary ..
The French as well as the Hurons and other Indians went from Quebec by way of the Ottawa River to Lake Nipissing and Lake Huron and thence to Sault St. Marie and Mackinaw .. Dur- ing all these times of French supremacy. but little if any, law was observed by the traders in transactions with the Indians, but in their dealings among themselves and with their dependents they were generally considered as amenable to the "Coutume de Paris," that is, the common law of Paris or of France.
By the Quebec Act of 1774 the criminal law of England was introduced into the newly acquired possessions, in civil matters, however, the law of Canada was to prevail. The constitution and the laws of the United States may be considered to have been in force from and after the organization of the Northwest Territory, , and such special laws as may have been enacted from time to time by the legislatures of the territories to which Wisconsin be- longed in succession as related above.
Having now brought down the political history of the state
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POLITICAL HISTORY.
to the time when Wisconsin, under that name and title, was established as the " Territory of Wisconsin " we must bring in a synopsis of the history of that territory, containing the names of the two representative officers of it, that is of the governors and secretaries, and the time during which each of theni held his position. Governors and secretaries of territories are appointed by the President of the United States, and the secretary was the acting governor in the absence of the governor, or his disability to perform the duties of his office. He was not in the sense of the state constitution lieutenant governor, since he was not ex-officio president of the Council. The latter was elected by districts ac- cording to an apportionment of the territory by the governor.
The number of its members was regulated by the number of members of the Assembly. This also was an elective body of about twice the number of members of the council, similar to the proportion which has been adopted into the constitution of the state. The legislative sessions of the territorial times were some- times rather stormy on account of disagreements with governors and secretaries acting as such. They were, also, occasionly agit- ated or excited on account of disagreements with Congress, who had the supreme jurisdiction in all matters, and not only annulled laws passed by the territorial legislature, but also sometimes neg- lected to provide for the necessary expenditures to carry on the ter- ritorial government. Nevertheless it seems to have been a pre- judice of the population of the territory, that it was better to be dependent upon the general government, than to depend upon themselves. The growth of the population was not so very rapid as in territories organized at some later times, and its spread was, even after the adoption of the state constitution, very slow in the western parts lying north of the Wisconsin river, or its lower course.
The following is the list of governors:
Governors of Wisconsin Territory:
Henry Dodge. from July 4, 1836 to Oct. 5, 1841. James Duane Doty
" Oct. 5, 1841 to Sept. 16, 1844.
Nathaniel P. Tallmadge. Sept. 16, 1844 to May 13, 1845. Henry Dodge May 13, 1845 to June 7, 1848.
The first of these governors was a Missourian by birth, and had distinguished himself by his services both at the time of the Winnebago outbreak, and in the Black Hawk war. He was the
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POLITICAL HISTORY.
representative man of the Mining Region, which, at the time of his appointment, was probably the most populous part of the territory.
Governor Doty was also an officer in the Black Hawk war, but having been severely wounded by an accidental shot fired by one of the volunteers, he had to return home before any decisive battle had been fought. Before his appointment as governor he had been twice, 1838 and 1840, elected as the delegate of the territory to Congress.
Governor Tallmadge was less than one year in office, and was succeeded by Henry Dodge, who had been delegate to Congress since the appointment of Gov. Doty.
All of our territorial governors were Democrats, the democratic party being then in the ascendancy. Gov. Doty, appointed by President Tyler was the only governor, who had any serious trou- ble with the legislature.
Secretaries of Wisconsin Territory:
John S. Horner May 6, 1836.
William B. Slaughter Feb. 16, 1837.
Francis J. Dunn Jan. 25, 1841.
A. P. Field. Apr. 23, 1841.
George R. C. Floyd Oct. 30, 1843.
John Catlin Feb. 24, 1846.
Of the above named gentlemen John S. Horner, a Virginian, was before the organization of the territory of Wisconsin . acting governor of Michigan territory, of which Wisconsin then was a part. There was some disagreement between him and the legis- lature on account of his proclamation for convoking the latter. The result of this was a resolution to request the President to revoke Horner's commission, which, however, did not produce the desired removal.
The following table shows the sessions of the Territorial As- sembly from year to year until the State Organization went into effect. The Council represents the Senate, the Representatives or House as it is commonly called answering to the Assembly of the state constitution,
POLITICAL HISTORY.
251
LEGISLATIVE SESSIONS During Territorial Organization :
YEAR
TIME OF MEETING
ADJOURNMENT
LENGTH OF SESSION
NO.
REPS.
1836 October 25th
Dec. 9. .1836
46 days.
39
1837 November 6th
Jan. 20
1838
76 days.
39
1838 June 11th.
June 25
1838
15 days
38
1838 November 26th
Dec. 22.
1838
27 days.
37
1839 January 21st.
March 11
1839
50 days
39
1839
December 2d.
Jan. 13
1840
43 days.
39
1840
August 3d
Aug. 14
1840
12 days.
39
1840|December 7th
Feb. 19
1841
75 days
39
1841
December 6th
Feb. 19.
1842
76 days.
39
1843
March 6th.
Mar. 25.
1843
20 days.
39
1843
March 27th
Apr. 17
1843
22 days.
39
1843
December 4th
Jan. 31
1844 59 days.
39
1845 January 6th
Feb. 24.
1845
50 days.
39
1846 January 5th
Feb. 3
1846
30 days
39
1847 January 4th
Feb. 11.
1847
39 days
39
1847 October 18th
Oct. 27
1847 10 days.
39
1848 February 7th
March 13
1848 36 days
39
It cannot be expected that in this book an extended history of territorial legislation should be given, but so much of it as relates to the part of the state in which our county is situated may be very interesting and acceptable.
As a preliminary we must remark that all the western part of the territory north of the Wisconsin River was still the county of Crawford, reaching up to Lake Superior, west to the Mississippi and east to the Wisconsin in its general southern course. The county as then constituted was in itself large enough for a respect- able state, but the bulk of the population was near Prairie du Chien. These limits had been established by the government of Michigan Territory.
The first division took place in 1840 when the northern part of Crawford county was organized as the county of St. Croix. The division line was north of the Chippewa River and the present county of Pierce was the southern part of the new county, while all south of it was still Crawford county. Crawford county had been an assembly district with two members in the assembly, but
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POLITICAL HISTORY.
none in the council, and the two counties still remained one dis- trict, but a member of the council was apportioned to them.
The legislature of 1845 set off the upper part of Crawford county, and organized Chippewa county with the Buffalo or Beef River as the boundary line between them. In the same session the northern part of St. Croix county was set off under the name of La Pointe County. The four counties into which the original county of Crawford had been divided still formed one assembly district, now (1846) entitled to one member of the Council and one of the Assembly. This apportionment prevailed:
YEARS
MEMBERS OF COUNCIL
REPRESENTATIVES
1836
None.
1837
None.
1838
George Wilson. do
Jas. H. Lockwood, Jas. B. Dallam. Ira B. Brunson, Jean Bennet. Alexander McGregor.
1839
1840
Jas. Bribois (1 session.) Chas. J. Learned, extra session.
Alexander McGregor, IraB.Brunson The same.
1841
Chas. J. Learned. do
do. Alfred Brunson, Jos. R. Brown. do. do.
1842
1843
Theophile La Chapelle. do.
John H. Manahan. do
1845
Wiram Knowlton. do.
James Fisher. do.
1846
1847
Benjamin F. Manahan. do do.
Jos. W. Furber. Henry Jackson. do.
Ext. Session. 1848
The above list together with preceding remarks will give a clear idea of the representation of the northwestern portion of the territory. The loss of a member of representatives depended on the much larger increase of the population in the eastern and southern parts during the time between the first and some later apportion- ment. The denial of a member of council in the first legislative assembly created quite a hubbub at Prairie du Chien, an indigna- tion meeting was held, and Thomas P. Burnett chosen as a mem- ber of the council. But his petition to the legislature for a seat in that body, could not be granted, since the governor had only exer- cised his right and performed his duty in the apportionment
1844
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POLITICAL HISTORY.
of the members of either body of the legislative assembly to the different counties, and the legislature could not interfere with it.
Among the representatives from this district was one remark- able man, whosc career seems to deserve particular notice. This man was Joseph R. Brown. He came to the notice of the people and the territorial,legislature of Wisconsin in the year 1840 when he and his wife applied for a divorce, as mentioned in Strong's History of Wisconsin Territory in the following words:
"A very anomalous divorce act was passed at this session, which recited that Joseph R. Brown and Margaret Brown a half- breed Chippewa woman, were legally married and were mutually desirous of dissolving the marriage contract in consequence of the danger they both incur of the destruction of their lives and prop- erty by continuing to live together, at the place where they now reside, on account of the hostile incursions of the Sioux Indians."
That it should be lawful for them by a written article of sep- aration, under their hands and seals, to dissolve the marriage con- taact existing between them, provided that the articles of separa- tion contain a provision for her of one-third of all his property. Whether the separation actually took place, I do not know, but as Mr. Brown still continued to reside in the same place, it may be presumed that it did. The following is a short summation of the biographical sketches that appeared in St. Paul newspapers at the time of his rather unexpected demise:
"Joseph Renshaw Brown was born on the 5th of January 1805, in Hartford county, Maryland, where his father was a local preacher of the Meth. Episcopal church. His mother died in his infancy, and his father removed to Pennsylvania, where Joseph was brought up on a farm. In his 14th year he was appenticed to a printer, from whose harsh and unjust treatment he ran away, enlisting in the U. S. service as a drummer boy. With his com- pany he came 1819 to Fort Snelling, Minn., where he served out his capitulation and was probably in 1825, discharged. He now set up for an Indian trader, acquired a perfect knowledge of the Dakota tongue, and established himself at Gray Cloud, about 12 miles below St. Paul, where he was commissioned as a Justice of the Peace by Gov. Dodge of Wisconsin, to which territory all on the east-side of the Mississippi now included in Minnesota did at that time belong. He was granted the above divorce in 1840. At
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POLITICAL HISTORY.
that time he must have been located at Stillwater, as most of his claim there is now included in the city, and as he agreed to pro- vide the necessary buildings for the newly created county of St. Croix. In 1841 and '42 he was a member of the house of Repre- sentatives of Wisconsin Territory, whose sessions he attended faith- fully. When at the admission of Wisconsin as a state the St. Croix River had been established as the western boundary of that new state, Mr. Brown with others, endeavored to induce Congress to grant territorial organization to Minnesota, for which purpose the so-called Stillwater Convention in August 1848 was held. He remained a citizen of Minnesota until the time of his death, was Secretary of the territorial council in 1849 and 1851, clerk of the house 1853, territorial printer in 1853 to '54, member of the con- stitutional convention of 1857, where he led the democratic party, and was appointed one of the commissioners to canvass the vote taken on the adoption of the constitution and the election of the first state officers under the same. He had much influence in the matter of legislation both during territorial and subsequent times, and dictated the policy of his party of whose conventions he always was a prominent member. He also was a Journalist and proprietor of the St. Paul Pioneer from 1852 to 1854, and of the Henderson Democrat, established by himself, from 1857 to 1860 or 61. About that time he must have been government agent to the Lower Bands of the Sioux, from which position he was removed in 1862 for party consideration. We find nothing on record of him during the outbreak of 1862, during which time he must have been at his establishment on Big Stone Lake, the last one he ever set up. The Indians being removed his trading with them was at an end. Like most men of his class he made and lost more than one for- tune, but bore his losses with great equanimity, being always good humored, cheerful and social. His last venture, or as we might term it, his pet hobby, was the building of a steam traction engine, a wagon, that could be propelled by steam alone over the hard roads of the prairies. This wagon was in the course of construc- tion in New York when he was called away from the dreams and speculations of this world, with which inventors of every class are so largely endowed, and to which they but too often sacrifice every- thing they possess. Mr. Brown had also expended large sums in experiments and in the construction of his steam wagon, which
255
POLITICAL HISTORY.
goes far to account for his leaving but a small estate when he died.
As drummer boy, soldier, Indian trader, lumberman, pioneer, speculator, founder of cities, legislator, politician, editor, inventor, his career has been a very remarkable and characteristic one, not so much for what he achieved, as for the extraordinary versatility and capacity which he displayed in every new situation. So say those who knew him well. He died in New York on the 5th day of November 1870. He may be considered as the pioneer of the two neighboring states and might have remained in Wisconsin if Wisconsin would have received all the territory to which it was entitled. I related so much of his history because his character struck me as that of a model pioneer, just restless enough to be ready at any moment for a new enterprise, always hoping for suc- cess, but undismayed by reverses.
CONSTITUTIONAL CONVENTIONS.
First Convention.
The first Constitutional Convention assembled at Madison on the 5th day of October, 1846, and adjourned on the 15th day of December, 1846, having framed a Constitution, which was sub- mitted to a vote of the people on the first Tuesday in April, 1847, and the same was rejected.
President-Don A. J. Upham of Milwaukee.
Secretary-La Fayette Kellogg.
Second Convention.
This Convention assembled at Madison on the 15th day of December, 1847, and adjourned on the 1st day of February, 1848, having framed a Constitution which was submitted to a vote of the people on the second Monday in March following, and the same was adopted.
President-Morgan L. Martin of Brown.
Secretary-Thomas McHugh.
The first of these conventions consisted of 124 delegates, most of the counties then organized having at least one representative. This number was entirely too large for the purpose, and led to never ending debates on every trifle. Chippewa County, bounded on the south by Beef River, was represented along with Crawford County by Peter A. R. Brace. But why it should not have been entitled to a separate representative as well as La Crosse County I can not understand.
256
POLITICAL HISTORY.
The second session did not labor under the same disadvantage. Perhaps that accounts to a certain extent for the fact that the first constitution was rejected, while the second was adopted. In the second convention Chippewa and Crawford counties were repre- sented by Daniel G. Fenton.
The following table is a short repetition of the main circum- stances relating to the
CONSTITUTIONAL CONVENTIONS. First Convention.
YEAR
TIME OF MEETING
ADJOURNMENT
LENGTH OF SESSION
NO. REPS.
1846 October 5th
December 16, 1846 ... 73 days Second Convention. February 1, 1848.
124
1847 December 15th
48 days 65
STATE ORGANIZATION.
First Session-The first session of the State Legislature was held at the Capital at Madison, on Monday, the 5th day of June, A. D. 1848, pursuant to the constitution, which had been adopted by a large majority of the people. The apportionment of Senators and Representatives was under constitutional provisions, until other- wise declared by law. It convened June 5, 1848, and adjourned August 21, 1848, seventy-eight days. There were eighty-five members.
Second Session-Convened on the 10th of January, 1849, and adjourned April 2, 1849, eighty-three days, eighty-five members.
Third Session-Convened January 9, and adjourned February 11, 1850, thirty-four days, eighty-five members.
Fourth Session-Convened January 8, 1851, and adjourned March 17, 1851, sixty-nine days, eighty-five members.
Fifth Session-Convened January 14, 1852, and adjourned April 19, 1852. ninety-seven days, eighty-five members.
Sixth Session-This Legislature convened on the 12th of Janu- ary; 1853, and adjourned on the 4th day of April, 1853, until the 6th day of June, following, for the purpose that the Senate might sit as a Court of Impeachment, and the Assembly be present to prosecute the trial of Levi Hubbell, Judge of the Second Judicial' Cireuit, against whom Articles of Impeachment had been exhibited,
257
POLITICAL HISTORY.
charging him with acts of corrupt conduct and malfeasance in office. For this purpose the Legislature again convened on the 6th day of June, and adjourned finally on the 13th of July, 1853. The legislative session amounted to one hundred and twenty-one days, with one hundred and seven members.
Seventh Session-Convened January 11, 1854, and adjourned April 3, 1854, eighty-three days, one hundred and seven members. Eighth Session-Convened January 10, 1865, and adjourned. April 2, 1855, eighty-three days, one hundred and seven members.
Ninth Session-Convened January 9, 1856, and took a recess from March 31, 1856, to September 3, 1856, and adjourned Octo- ber 14, 1856, one hundred and twenty-five days, one hundred and seven ·members.
Tenth Session-Convened January 14, 1857, and adjourned. March 9, 1857, fifty-five days, one hundred and twenty-seven mem- bers.
Eleventh Session-Convened January 13, and adjourned May 17, 1858, one hundred and twenty-five days, one hundred and twenty-seven members.
Twelfth Session-Convened January 12, 1859, and adjourned March 21, 1859, sixty-nine days, one hundred and twenty-seven members.
Thirteenth Session-Convened January 11, 1860, and adjourned April 2, 1860, eighty-three days, one hundred and twenty-seven members.
Fourteenth Session-Convened January 9 and adjourned April 17, 1861. Reconvened May 15, and adjourned May 27, 1861, a total of one hundred and twelve days, one hundred and twenty- seven members.
Fifteenth Session-Convened January 8, 1862, and adjourned April 7, 1862. Reconvened June 3, 1862, and adjourned June 17, 1862. Met in extra session September 10, 1862 and adjourned September 26, 1862, a total of one hundred and twenty-two days, one hundred and thirty-three members. :
Sixteenth Session-Convened January 14, 1863, and adjourned April 2, 1863, seventy-nine days, one hundred and thirty-three members.
Seventeenth Session-Convened January 13, 1864, and adjourned
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POLITICAL HISTORY. -
April 4, 1864, eighty-three days, one hundred and thirty-three members.
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