USA > Wisconsin > Rock County > Rock County, Wisconsin; a new history of its cities, villages, towns, citizens and varied interests, from the earliest times, up to date, Vol. I > Part 10
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47
By the first article of this treaty "His Britanic Majesty" acknowledges the thirteen original states "to be free, sovereign and independent states," "and for himself, his heirs and suc- cessors relinquishes all claims to the government, propriety and territorial rights of the same and every part thereof."
The second article contains a description of the territory re- linquished, which was all of the territory of the United States east of the Mississippi and north of the Floridas.
95
HISTORIC EVOLUTION OF ROCK COUNTY
The seventh article provides that His Britanic Majesty should with all convenient speed "withdraw all his armies, garrisons and fleets from the said United States, and from every post, place and harbor within the same."
The rulers of England from the time of the first settlement of Virginia, on May 13, 1607, to the treaty of peace, September 3, 1783, were:
James I.
.1603-1625
Charles I.
1625-1649
Commonwealth
1649-1659
Charles II
.1660-1685
James II.
1685-1688
William III, Mary II.
1689-1702
Anne
1702-1714
George I.
1714-1727
George II.
1727-1760
George III
1760-1820
On March 1, 1784, Virginia conveyed to the United States all of her right, title and claim to the territory northwest of the Ohio.
From April 10, 1606, to June 29, 1776, more than 170 years, a period much longer than from the Declaration of Independence to the present time, the territory now embraced in Rock county was a portion of the colony of Virginia. From June 29, 1776, to March 1, 1784, such territory was a part of the state of Virginia. During the colonial period there were thirty-four colonial gov- ernors, and from the organization of the state to the date of the cession by Virginia to the United States there were four gov- ernors : Patrick Henry, Thomas Jefferson, Thomas Nelson and Benjamin Harrison.
Among the most distinguished men of Virginia of the colonial period was Patrick Henry. He undoubtedly exercised greater influence than any other man in persuading the colonists to de- clare their independence.
He was a Virginian by birth. His father was John Henry, from Aberdeen, Scotland, and his mother of Huguenot ancestry. He was born in Studley, Hanover county, May 29, 1736. His op- portunities for education were limited and he was not disposed
96
HISTORY OF ROCK COUNTY
to avail himself of such as the country afforded. Fishing and hunting seemed to possess more charms for him than schools. After an imperfect preparation he was at the age of twenty-four admitted to the practice of the law. He seems to have promptly won distinction in his profession. In 1774 he was chosen a dele- gate to the Virginia convention, and in 1775 a delegate to the sec- ond continental convention, and was by that convention on Au- gust 28, 1775, appointed colonel of the First regiment of regulars. He was also appointed commander-in-chief of the forces of Vir- ginia. He resigned his commission February 28, 1776. In 1780 he became a member of the legislature of Virginia and was re- elected annually until 1784, when he was chosen governor. He was reelected five times and declined the last election. He was tendered many responsible and honorable positions, which he de- clined. He died June 6, 1799, at sixty-three years of age.
Of the able and patriotic citizens of Virginia at the period of the Revolution none possessed greater influence or rendered more important service in the cause of independence than Patrick Henry. He seemed peculiarly adapted to the work of transform- ing the colonies into a new nation with a republican form of gov- ernment. His great power as an orator, his resolute courage and his loyalty to the interests of the colonies made him one of the foremost men of his age.
On April 19, 1785, Massachusetts ceded to the United States all of her right, title and estate in the territory northwest of the Ohio.
On September 13, 1786, Connecticut ceded to the United States all of her right, title and interest in such territory.
Various Indian tribes claimed title to portions of the north- west territory paramount to the title conveyed to the United States by the treaties and cessions above mentioned. These claims were, by various treaties with the Indians at different times, wholly extinguished.
England did not withdraw her armies and garrisons from the territory relinquished by her, as required by the treaty of 1783, but, without reason therefor, retained possession of some of the posts and places occupied by her at the time the treaty was signed, until July 11, 1796, when General Wayne took possession of Detroit and raised there the American flag.
97
HISTORIC EVOLUTION OF ROCK COUNTY
Territorial Period.
The United States having become the owner of the territory northwest of the Ohio, congress, to provide a form of government for it, on July 13, 1787, adopted an ordinance.
This ordinance provided that congress should appoint a gov- ernor, a secretary and a court to consist of three judges; that the governor and judges, or a majority of them, should adopt and publish such laws of the original states, criminal and civil, as might be necessary and best suited to the circumstances of the territory, and which should be in force until the organization of a general assembly in the territory.
The ordinance further provided that when there should be 5,000 free male inhabitants of full age in the territory they should have authority to elect representatives from their counties and townships to a general assembly ; that the general assembly should consist of the governor, legislative council and a house of repre- sentatives : that the legislative council should consist of five mem- bers, selected by congress from ten persons nominated by the rep- resentatives ; and that the governor, legislative council and house of representatives should have authority to make laws for the good government of the territory, not repugnant to the provi- sions of the ordinance.
Articles 1 and 2 of the ordinance contained a very complete bill of rights. They provided for religious toleration; that the inhabitants should be entitled to the benefits of the writ of habeas corpus and of trial by jury ; that the people should have a proportionate representation in the legislature; that judicial proceedings should be according to the course of the common law; that all persons should be bailable except for capital of- fenses "where the proof shall be evident or the presumption great"; that all fines should be moderate; that no cruel or un- usual punishment should be inflicted; that no man should be de- prived of his liberty or property but by the judgment of his peers or the law of the land; that when a public exigency required the taking of private property full compensation should be made therefor, and that no law should interfere with or affect private contracts. It also declared that
"Religion, morality and knowledge being necessary to good
98
HISTORY OF ROCK COUNTY
government and the happiness of mankind, schools and the means of education shall forever be encouraged."
The sixth article of the ordinance declared that
"There shall be neither slavery nor involuntary servitude in said territory, otherwise than in the punishment of crimes, where- of the party shall have been duly convicted."
On October 16, 1787, congress, in pursuance of the above ordi- nance, appointed General Arthur St. Clair governor of the terri- tory. Congress also appointed Samuel Holden Parsons, John Armstrong and James Mitchell Varnum judges. John Armstrong declined the appointment and John Cleves Symmes was appointed in his place.
The governor and judges so appointed constituted what was called a territorial government of the first grade.
On April 7, 1788, a New England colony of forty-eight per- sons, under the leadership of General Rufus Putnam, reached Fort Harmar, at the junction of the Ohio and Muskingum rivers. They were the first permanent settlers in Ohio. They proceeded to lay out and establish a village which was at first called Adel- phia, but the name of which was afterwards changed to Mari- etta, in honor of Marie Antoinette, the wife of Louis XVI of France, thus recognizing her friendship for the American col- onies.
Governor St. Clair did not reach the territory until July 9, 1788, when he was received with a salute from the guns of the fort at Marietta.
The commissions of the officers of the territory were not re- ceived until the arrival of Winthrop Sargent, the secretary of the territory, on July 15, when the governor, attended by his secretary and the judges, made a formal public entry into the vil- lage of Marietta and was received by General Putnam on the part of the citizens. An address was delivered by the governor and the ordinance of 1787 read by the secretary, and the govern- ment of the Northwest territory duly inaugurated.
The government thus created and established embraced what is now the state of Wisconsin.
On the 25th of July. the first legislative act of the governor and judges was passed. It was entitled "A law for the regulating and establishing the militia." It was passed by the governor and Judges Parsons and Varnum.
99
HISTORIC EVOLUTION OF ROCK COUNTY
Immediately thereafter the governor by proclamation created Washington county, embracing that portion of the present state of Ohio lying east of the Cuyahoga and Scioto rivers.
On the 25th of August, 1788, an act was passed by the gov- ernor and judges creating and establishing general courts of quar- ter sessions of the peace and county courts of common pleas and also creating the office of sheriff. The act provided for a court in each county, styled the General Quarter Sessions of the Peace, which was to hold four terms in every year in each county and a County Court of Common Pleas to hold two terms a year in each county.
On the 30th day of August, 1788, an act was passed by the governor and judges, creating and establishing courts of probate.
On the 2d of September, 1788, the judicial system of the ter- ritory was inaugurated by suitable ceremonies. The territorial government of the first grade was then fully established.
By the fifth section of the ordinance of 1787 the governor and judges, or a majority of them, were authorized to adopt and pub- lish such laws of the original states as were best suited to the circumstances of the territory and report them to congress from time to time and which should remain in force until the organiza- tion of a general assembly, unless disapproved by congress.
The government of the first grade continued in operation until September 16, 1799. During its existence many statutes from other states were adopted and where statutes were desired, that could not be found in the laws of other states, the governor and judges exercised legislative power and passed and published such laws as they deemed necessary.
In 1798, a census of the territory was taken by which it ap- peared that the population was sufficient to authorize the elec- tion of representatives to a general assembly. On the 29th of October, 1798, Governor St. Clair issued a proclamation calling an election of representatives to the first general assembly of the territory, to be held on the third Monday of December, 1798, and requiring the members when elected to meet at Cincinnati on the 4th of February, 1799, to nominate ten persons for the legislative council. The house of representatives consisted of twenty-two members, representing nine counties, including Knox county, which then embraced Wisconsin.
100
HISTORY OF ROCK COUNTY
The eleventh section of the ordinance provided that the legis- lative council should be appointed in the following manner :
"As soon as representatives shall be elected the governor shall appoint a time and place for them to meet together, and when met they shall nominate ten persons, resident in the dis- trict, and each possessed of a freehold in 500 acres of land, and return their names to congress, five of whom congress shall ap- point and commission to serve" as the legislative council.
The representatives met in Cincinnati on the 4th of February, 1799, made their nomination and adjourned to the 16th of Sep- tember, when they again met. but there being no quorum present, the two houses did not organize until the 24th of September, when Governor St. Clair delivered an address.
This was the end of the government of the first grade in the northwest territory. Some of the laws that were adopted or enacted by the governor and judges are of interest as showing what laws have been in force in the state of Wisconsin and in our county.
Section 5, of chapter 6. of the laws of 1788, respecting crimes and punishments, provided that one convicted of burglary should "be whipped, not exceeding thirty-nine stripes and furnish sureties for good behavior for a term not exceeding three years." The crimes of robbery and perjury were similarly punished. One guilty of forgery was "to be set in the pillory, not exceeding the space of three hours." For drunkenness one was to be "fined for the first offense five dimes, and for every succeeding offense" one dollar, and in case of the offender's negleet or refusal to pay the fine to "be set in stocks for the space of one hour."
Laws were passed strongly condemning the use of profane language and recommending the observance of the Sabbath. Very striet laws in relation to divorce, gambling, vice and immorality and the sale of intoxicating liquors were passed. Many other laws covering various subjects of legislation, were adopted or enacted during the existence of the government of the first grade.
The first duty of the council and the house of representatives after its organization as a government of the second grade was the election of a delegate to the national congress. On October 3. 1799. the two houses met in joint convention to elect a delegate. The names of but two candidates were presented. Twenty-one
101
HISTORIC EVOLUTION OF ROCK COUNTY
votes were east; of these Arthur St. Clair, Jr., received ten, and William Henry Harrison eleven, and he was declared elected.
The governor of the second grade of the northwest territory continued until the state of Ohio was admitted into the Union.
The fifth article of the ordinance provided that there should be formed in the territory not less than three nor more than five states; that if but three states were formed the western state should be bounded by the Mississippi, the Ohio and the Wabash rivers, and a line drawn from the Wabash at Vincennes due north to the line between the United States and Canada, and on the north by the north line of the United States. The middle state should be bounded on the west by the east line of the west- ern state and on the east by a line due north from the mouth of the Great Miami river to the line between the United States and Canada. The eastern state should be bounded by the easter- ly line of the middle state and on the east by the Ohio river, the west line of Pennsylvania and the line between the United States and Canada. It was also provided by said section that congress should have authority to form one or two states "north of an east and west line drawn through the southerly bend or extreme of Lake Michigan."
If three states were formed, Wisconsin would be in the west- ern state. If five were formed, Wisconsin would be in the west- ern state north of the line running "through the southerly bend or extreme of Lake Michigan."
The settlers in the eastern part of the territory were not satis- fied with the boundary fixed by the ordinance for the eastern state.
On the 7th of May, 1800, an act was passed by congress to take effect July 4, 1800, dividing the Northwest territory by a line beginning on the Ohio river opposite the mouth of the Ken- tueky river and running northerly to Fort Recovery, and thence north to the line between the United States and Canada. That portion of the Northwest territory lying east of the above line was to be ealled the Northwest territory and that portion lying west of that line was to be called Indiana territory, and its capi- tal to be Vincennes. The territory embraced in the state of Wis- consin, therefore, became a portion of Indiana territory.
By the act of congress that portion of the territory now the state of Michigan remained a part of the Northwest territory.
102
HISTORY OF ROCK COUNTY
After this division the government of the second grade was continued in that portion that became the Northwest territory. The population of the new Indiana territory was not sufficient to authorize a government of the second grade and it was, there- fore, provided by the act of congress that the government of that territory should be of the first grade, consisting of a governor, a secretary and three judges.
In pursuance of the above act of congress, the president appointed William Henry Harrison governor of Indiana terri- tory; John Gibson, secretary; William Clarke, Henry Vander- burg and John Griffin, judges.
On July 4, 1800, the government of Indiana territory began, although the governor did not arrive until January 10, 1801, and the territorial court did not convene until March 3 of the same year.
The white population of Indiana territory in 1800 was 5,641. Of these sixty-five were at Prairie du Chien and on the upper Mississippi and fifty at Green Bay. A large majority of the popu- lation were French, who remained in the territory after the ces- sion by France to Great Britain.
Governor Harrison was a Virginian. He was born at Berkley, Va., on the 9th of February, 1773. His father was Benjamin Harrison, who was one of the signers of the Declaration of Inde- pendence and one of the early governors of Virginia. He was a descendant of Colonel John Harrison, one of the judges who tried and condemned Charles I, and who, after the restoration, and under Charles II, was tried, convicted and executed. Gov- ernor Harrison was educated at Hampden-Sidney college, Vir- ginia. When the Indian troubles began in 1791, he enlisted and was appointed an ensign in the First Infantry, August 16, 1791. He was promoted to a lieutenancy, June 2, 1792, and joined the army under General Anthony Wayne. He participated in sev- eral engagements and was complimented for gallantry. He was made a captain, May 15, 1797, and placed in command of Fort Washington. He resigned his commission June 1, 1798, and was appointed by President Adams secretary of the Northwest terri- tory, but resigned in October, 1799, to take his seat in congress as a delegate from the territory. When the new territory of In- diana was formed he was appointed the governor thereof and
103
HISTORIC EVOLUTION OF ROCK COUNTY
superintendent of Indian affairs and was successively reap- pointed by Presidents Jefferson and Madison.
Early in 1811 the Indians became troublesome. Harrison, with a small force, completed Fort Harrison, at Terre Haute, Indiana, and then marched to Tippecanoe, where, on November 7. he was attacked by the Indians and defeated them.
On August 22, 1812, he was commissioned a brigadier gen- eral in the regular army and on March 2, 1813, received the com- mission of a major general.
He defeated the British General Proctor at the battle of the Thames on October 5, 1813, and resigned his commission May 31, 1814. He was defeated for president of the United States in 1836 by Van Buren, but was elected president in 1840, was in- augurated March 4, 1841, and died April 4 of the same year.
During the period that Harrison was governor, Indiana ter- ritory embraced what now constitutes the state of Wisconsin.
On January 12, 1800, a meeting of the governor and judges was held at Vincennes. At this session six laws were passed and three resolutions adopted. The laws that were in force in the territory of the United States northwest of the Ohio before its division were regarded as in force in the new territory.
The wide domain lying west of the Mississippi that Spain had claimed and had ceded to France was by that nation ceded to the United States in 1803. That portion of it lying south of thirty-three degrees north latitude was organized into a territory named the Territory of Orleans and the northern portion was organized into a territory named District of Louisiana. In 1804, the governor and judges of the Territory of Indiana were made the governor and judges of the District of Louisiana. The two territories were kept separate, but both were governed by the same governor and judges at the same time.
The population of Indiana territory increased so rapidly that it soon grew into the condition that entitled it to a government of the second grade. On August 4, 1804, Governor Harrison by proclamation directed elections to be held on September 11, to give the people an opportunity to express their desire with refer- ence to the adoption of a government of the second grade. The notice of the election was not widely circulated and the vote was small, but there was a majority of 138 in favor of the change. Thereupon the governor, by proclamation, declared that the terri-
104
HISTORY OF ROCK COUNTY
tory had passed to a government of the second grade and called an election of nine representatives to be held January 3, 1805.
The counties that had been organized prior to that time were Wayne, Knox, Dearborn, Clark, Randolph and St. Clair.
The representatives elected convened at Vincennes February 1, 1805, and made nominations for the council. From those nomi- nated the President appointed the council and a government of the second grade was inaugurated.
William Henry Harrison continued as governor under the new form of government.
By an act of congress, approved January 11, 1805, all of that portion of Indiana territory lying north of a line drawn east from the southerly extreme of Lake Michigan to Lake Erie and east of a line drawn from the southerly extreme of Lake Mich- igan through the middle of that lake to its northern boundary and to the northern boundary line of the United States was formed into a new territory by the name of Michigan. The act provided that the form of government for such territory should be the same as that provided by the ordinance of 1787 for the territory northwest of the Ohio.
Under the provisions of this act, the president appointed Wil- ham Hull governor of the new territory, Augustus B. Woodward, chief justice, and Frederick Bates and John Griffin, associate judges.
Early in 1809 an act was passed by congress dividing Indiana territory. The act provided that from and after the first day of March, 1809, that part of Indiana territory which lies west of the Wabash river and a direct line from the Wabash at Vincennes due north to the territorial line between the United States and Canada, should constitute a separate territory and be called Illi- nois.
By this act of congress, the territory embraced within the state of Wisconsin was separated from Indiana territory and be- came a part of the Territory of Illinois.
On March 7, 1809, John Boyle was appointed governor of the Territory of Illinois, but declined to accept the office and Ninian Edwards was, on April 24, appointed governor.
On March 7 Nathaniel Pope was appointed secretary. On the same day the following judges were appointed: Obadiah Jones, Alexander Stuart and Jesse B. Thomas. The governor did
105
HISTORIC EVOLUTION OF ROCK COUNTY
not arrive in the territory until June 11. Nathaniel Pope, as act- ing governor, organized the territory on April 28, 1809.
The government of the Territory of Illinois was of the first grade until May 1, 1812, when a territorial government of the second grade was formed and the necessary representatives to constitute the general assembly were elected.
Ninian Edwards was born in Montgomery county, Maryland, March 17, 1775. He was, for a time, a pupil of William Wirt. He completed his educational course at Dickinson college, Penn- sylvania. After leaving college he pursued the study of law. Before completing his legal studies he removed to Nelson county, in the state of Kentucky. In 1803 he was appointed a judge of the county in which he resided. In 1806 he was promoted to the bench of the Court of Appeals and, two years later, he received the appointment of chief justice of the state. After the passage of the act organizing the Territory of Illinois, President Madison appointed Judge Edwards governor of the new territory. On June 11, Governor Edwards took the oath of office and began the administration of the territorial government. IIe held the office of governor until the admission of the state of Illinois in 1818, when he was elected to represent the new state in the sen- ate of the United States. At the expiration of his term he was reelected. In 1826 he was again elected governor of the state. He died at his home in Belleville, July 20, 1833. During the whole period that Edwards was governor of the Territory of Illinois, Wisconsin was a portion of that territory.
Nathaniel Pope held the office of secretary of the territory until December 17, 1816, when he was elected a delegate to the congress of the United States. He continued a delegate until 1818.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.