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 11
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John Phillips was appointed secretary of the territory De- cember 17, 1816. and held the office until October 6, 1818.
During the years from 1806 to 1812 the United States and Great Britain were in constant and serious antagonism growing out of the Berlin and Milan decrees of Napoleon, the Orders in Council of Great Britain and her claim of the right of search and impressment and the embargo and non-intercourse acts of the United States. The treatment of the United States by Great Britain became so offensive and exasperating that on June 18, 1812. congress adopted the following declaration :
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"Be it enacted by the senate and house of representatives of the United States of America in congress assembled, that WAR be, and the same is hereby declared to exist between the United Kingdoms of Great Britain and Ireland and the dependencies thereof and the United States of America and their territories."
This declaration was promulgated by President Madison by proclamation, June 19, 1812.
Early in 1812, the people on the western frontier became alarmed at the threatening attitude of the British in Canada and their Indian allies, and urgently called upon the govern- ment for protection. Three regiments of militia and a troop of horse were raised in Ohio to be sent to Detroit. A regiment of United States troops joined this force. General Hull, who was then in Washington, was given the command of these troops and joined them at Dayton, Ohio. May 25, 1812. Much valuable time was lost in procuring the necessary supplies for them, and when the march commenced, it was necessarily slow. General Hull did not reach Detroit until July 5th.
On August 16th, General Broek, then in command of the British forces. crossed the river into Michigan and sent to Gen- eral Hull a demand for the surrender of Detroit. The demand was refused, and General Broek opened his batteries on the town and fort. The fire was returned by General Hull and continued without interruption until dark. and was resumed by both armies on the following morning, when General Brock landed a body of troops from his vessels in the river below Detroit and formed them to assault the fort. General Hull then caused a white flag to be displayed on the walls of the fort. Terms of capitulation were agreed upon and the fort surrendered to Gen- eral Brock. The reasons given by General Hull for his sur- render were that his supplies were not sufficient to stand a siege ; that no relief could reach him; that a large body of Indians accompanied General Brock. and that if his troops were defeated, there was great danger of a massaere of the women and children of the town by the Indians. The officers under General Hull believed that they were able to successfully resist the attack of General Brock. and were greatly chagrined and humiliated by what they regarded as a cowardly surrender. When the facts in relation to the surrender became known. a wave of indigna- tion swept over the whole country. General Hull was tried by a
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court martial on a charge of cowardice, found guilty and sen- tenced to death. He was reprieved by President Madison and the sentence was never executed.
William Hull was born in Derby, Conn., in 1753. Prior to the commencement of the Revolution he had qualified himself for the practice of the law. When the war of the Revolution began, he at once abandoned his profession, raised a company of volun- teers and joined Washington at Cambridge. He marched with the army to New York and with his company was engaged in the battle of Long Island. He was wounded at the battle of White Plains. He was with Washington at the crossing of the Delaware and in the battle of Trenton and at Princeton. He was also at Valley Forge and fought at Monmouth. Congress recognized his gallantry by a vote of thanks and Massachusetts made him a major general of militia. His splendid record as a soldier justi- fied his appointment by President Jefferson as governor of the Territory of Michigan when it was organized in 1805. When the war between the United States and Great Britain began in 1812, Governor Hull was given the command of the northwestern army, with headquarters at Detroit, the capital of the Territory of Michigan.
In August of that year he surrendered his army to the Brit- ish General Brock. He died in 1825.
The surrender of Detroit by General Hull, left the country west of Lake Michigan unprotected from incur- sions by the British from Canada, and the Indians under their control. They did not, however, avail themselves of the oppor- tunity given them of occupying that country until in 1814, when they planned an attack upon the fort at Prairie du Chien. In that year General William Clark, a younger brother of General George Rogers Clark, was the governor of the Territory of Mis- souri. Learning that it was the intention of the British to send a force from Mackinac to capture and hold the post at Prairie du Chien. then called Fort Shelby, he sent by boats, from St. Louis, a company of regulars and a company of volunteers under the command of Captain Joseph Perkins to occupy and hold the post. The British force, consisting of about 500 white and 120 Indians, left Mackinac on June 28. 1814, under the command of Lieutenant Colonel W. Mckay. It reached Prairie du Chien on July 17. Colonel McKay immediately made a demand on Cap-
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tain Perkins for a surrender of the fort. Captain Perkins re- fused to comply with this demand. The boats that brought up the force of Captain Perkins remained at Prairie du Chien manned by a portion of the troops that came from St. Louis. Colonel Mckay brought with him a small field-piece. Upon the refusal of Captain Perkins to surrender Colonel Mckay began an attack on the fort. With his field-piece he drove away the boats and prevented them from aiding in the defense of the fort. The firing continued through the 17th and 18th. On the 19th, the supplies of the fort having been exhausted, Captain Perkins proposed to surrender the fort upon the conditions that the gar- rison be permitted to march out with the honors of war and be protected from illtreatment by the Indians. These terms were accepted and on July 20, 1814, the fort was surrendered to Col- onel MeKay.
A treaty of peace between Great Britain and the United States was signed at Ghent, Netherlands, December 24, 1814, ter- minating the war of 1812. Information of this treaty did not reach Fort McKay until the latter part of May, 1815. Upon be- ing advised of this treaty the British force was promptly with- drawn without awaiting the arrival of an officer of the United States to receive the surrender of the fort, and the British occu- pation of the territory northwest of the Ohio permanently ceased.
On April 18, 1818, congress passed an act authorizing the in- habitants of the Territory of Illinois to form a constitution and adopt a state government. It was introduced by Nathaniel Pope, the delegate in congress from the territory of Illinois, which then embraced the whole of Wisconsin. Pope was a resident of that portion of Illinois out of which the new state was to be formed.
When the act was introduced it provided that the north line of the new state should be a line drawn east and west through the southern extreme of Lake Michigan as fixed by the ordinance of 1787. While the act was pending in congress and only fifteen days prior to its passage, Pope, disregarding his duty to the in- habitants of the northern portion of the territory represented by him, procured the act to be amended by making the north line coincide with latitude 42 degrees and 30 minutes north, thus cutting off from the southerly side of the proposed new Territory of Wisconsin a strip about sixty-one miles in width and contain- ing about 8,500 square miles, or 5,440,000 acres.
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The amendment of the act of congress changing the north line was introduced on April 3, and the act was approved on April 18. It is almost certain that "the original states and the people and the states in said territory" were not consulted in relation to, nor even advised of, the proposed violation of the compact in the ordinance of 1787.
If the bill introduced by Pope had not been amended and the compact in the ordinance disregarded, the south boundary line of Wisconsin would have been south of Chicago, where the ordinance placed it.
The reasons presented for changing the location of the north line of the state of Illinois a short distance was not wholly with- out foree. If the line remained as fixed by the ordinance of 1787, Illinois would have small room, if any, for a lake port, while Wisconsin would have abundant coast line. The mouth of the Chicago river was an important element in building and de- veloping a commercial center for the state. A strong feeling had been developed in the southern portion of the state in favor of the introduction of slavery into the state. The inhabitants in that portion of the Territory of Illinois lying north of a line drawn east and west through the southerly extreme of Lake Michigan were largely from the eastern and northern states and were strongly opposed to slavery. The larger the portion of northern territory that could be incorporated into the state, the stronger would be the opposition to slavery. It was also urged that the commercial relations of the state of Illinois were geographically with the northern states; that such relations could only be maintained by giving to Illinois an important lake port; that if it could not have such a port on the lake, its commer- cial interests would be developed along the Mississippi and be drawn to the Gulf of Mexico, and that it was, therefore, desir- able that the citizens of Illinois should become identified with the northern and eastern states.
These reasons were not sufficient to justify the cutting off from Wisconsin of so large a seetion of country. A much smaller tract would have given the state all that was necessary to pre- serve its commercial importance. To take so large a portion of the domain of the new territory was a very great breach of the compact in the ordinance of 1787, and of good faith on the part
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of the delegate, whose duty it was to protect the interests of the future Territory of Wisconsin.
In pursuance of the act of 1818, above mentioned, a conven- tion was held at Kaskaskia, the capital of the territory, in the summer of 1818, to form a constitution.
This convention completed its work and on August 26, 1818, adopted an ordinance accepting the enabling act of congress. The convention, by the constitution prepared by it. ratified the boun- daries contained in the enabling act. The constitution was pre- sented to congress, and on December 3, 1818, that body adopted a resolution admitting Illinois into the Union and declaring it to be one of the United States.
By the admission of the state of Illinois into the Union, that portion of the former Territory of Illinois north of the north line of the new state was annexed to and became a part of Michigan territory.
At the time that the territory now embraced in the state of Wisconsin was attached to Michigan territory, General Lewis ('ass was the governor of that territory.
On October 26, 1818, and after the constitution of Illinois had been formed, but before congress had deelared Illinois a state, Governor Cass by proclamation divided the territory west of Lake Michigan and east of the Mississippi river into the counties of Miehilimackinac, Brown and Crawford.
Michilimackinac county embraced the section of country lying along the southern shore of Lake Superior.
Brown county embraced that portion of the territory lying south of Michilimackinac connty west of Lake Michigan and east of a line drawn north and south through the center of the port- age between the Fox and Wisconsin rivers, and Crawford county embraced that portion lying between Brown county and the Mis- sissippi river.
The county seat of Brown county was fixed at such point on the Fox river, within six miles from the mouth thereof. as might be selected "by a majority of the judges of the county court of said county." The territory forming Rock county was then a portion of Brown eounty.
By an act of congress, approved March 3, 1823, the electors of the Territory of Michigan were authorized to choose, by ballot, at the next election of the delegate for that territory. eighteen
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persons whose names should be transmitted, by the governor of the territory, to the president, who was authorized to nominate, and with the advice and consent of the senate, appoint nine of such persons a legislative council for said territory, and who, when appointed, should hold their first meeting at such time and place as should be designated by the governor of said territory. Eighteen persons were selected as required and their names transmitted to the president, who appointed nine of them, with the approval of the senate, as such council.
By an act of congress, approved February 5, 1825, the legisla- tive council was increased to thirteen members and by another act, approved January 29, 1827, the electors of the territory were authorized to elect the members of the council, without submit- ting names to the president for appointment.
At the time of the pasasge of the acts above mentioned, the territory that now forms the state of Wisconsin was a portion of Michigan territory. By these acts, the government of the territory passed to the second grade.
In 1832 occurred an Indian episode that has been dignified by calling it "The Black Hawk War." Prior to 1831 the chief village of the Sauk Indians was located between the Rock and Mississippi rivers near their junction. There, for many years, had been their home and there their ancestors were buried. Of this tribe, Black Hawk was the chief. The surrounding country was beautiful and productive and the white settlers who came into that portion of Illinois desired to occupy it. November 3, 1804, a treaty was made between the United States and the Sauks and Foxes, by which these tribes ceded this territory to the United States. This treaty was confirmed by a treaty made in 1816. Black Hawk claimed that his people were not parties to these treaties and were not bound by them. In 1831, difficulties arose between the settlers and the Indians in relation to the occu- pation of these lands. The governor of Illinois sent a force of militia on to the ground. Black Hawk removed his people across the Mississippi and while there signed a treaty, agreeing to re- main west of the river, but, on April 6, 1832, in violation of this treaty, recrossed the Mississippi, with all of his tribe, at a point below the mouth of Rock river, and insisted that the settlers should remove from the lands formerly occupied by his people. The settlers were much disturbed by his demands. General At-
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kinson was at Fort Armstrong on Rock Island, with a small force, and at his request Governor Reynolds of Illinois issued a call for volunteers. The militia who responded to the call were placed under the command of Brigadier General Samuel Whiteside. General Atkinson also came with his force. On the arrival of these forces Black Hawk fled up the east bank of Rock river. It was arranged that General Whiteside should pursue Black Hawk up the east bank of the river to Prophet's Town and there await the arrival of General Atkinson, who was to proceed up the river in boats. On May 9, General Whiteside marched as arranged, and on the 12th reached Prophet's Town on the left bank of Rock river, in Whiteside county, in advance of General Atkin- son. Here he found Majors Isaiah Stillman and David Bailey with a force of 341 mounted militia. It was the intention of Gen- eral Whiteside to March to Dixon's and there await the arrival of General Atkinson. The force under Stillman desired, however, to follow Black Hawk without further delay. On May 12 they began their march along the east bank of the Rock and on the 14th reached a creek, then known as Sycamore creek, but since appropriately called Stillman's run, where they established a camp. This was about eight miles from the camp of Black Hawk. Three of Black Hawk's band came into Stillman's camp with a white flag and were taken prisoners. Other Indians were seen near the camp. Stillman's men, without orders, pursued them and they fled to Black Hawk's camp. He had only a small force with him, but when he saw his men pursued by the whites, he formed an ambuscade in the timber and when Stillman's men came up attacked them with so much vigor that they turned and fled. In this skirmish Stillman lost eleven of his men. Black Hawk afterwards claimed that the three Indians who entered Stillman's camp were sent by him with a flag of truce to request a meeting with General Atkinson to arrange for a removal of his tribe across the Mississippi. and that the five Indians that were seen and pursued by Stillman's men were sent by him to see what might take place. After this skirmish, Black Hawk retreated north. along the east bank of Rock river. On June 27, General Atkinson left Dixon's in pursuit of Black Hawk. On July 1 he crossed the line between Illinois and Wisconsin at a point near the east line of the city of Beloit, and marched to Storr's lake in the town of Milton. On July 2. General Atkinson marched to.
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Otter creek and on the 2d and 3d he was scouting in the vicinity of Lake Koskonong to ascertain the whereabouts of Black Hawk. General Atkinson did not overtake the retreating Indians until July 21, when he came up with them near the mouth of the Bad Axe. where the Indians were scattered and Black Hawk cap- tured.
When Black Hawk erossed the Mississippi below Rock Island in the spring of 1832, he had the old men, women and children of the tribe with him. His purpose was to reoccupy the former home of the tribe. Where the old men, the women and the chil- dren of the tribe remained from the time they crossed the Mis- sissippi to the time they fled to escape from General Atkinson, in July, does not fully appear. When the first settlers located in Rock county the remains of an Indian camp or village were found in abundance in what is now the southeastern part of the city of Janesville. The grove in that locality has been known, since the settlement of the county, as Black Hawk's grove. It is more than probable that this grove was the dwelling place of Black Hawk's people from the early spring of 1832 until the retreat of Black Hawk in July of that year.
Among the officers and soldiers connected with the Black Hawk war were many who afterwards became distinguished in military, political and civil life, most of whom were with General Atkinson on his march through Rock county. Among these were Colonel Zachary Taylor, who became president of the United States; Abraham Lincoln, who also became president of the United States; Robert Anderson, who was in command at Fort Sumpter at the beginning of the war of secession; Jefferson Davis, who became president of the Confederate states; Albert Sidney Johnson, who became a general in the Confederate army and was its commander at the battle of Shiloh, where he was killed ; General Henry Dodge, who was twice appointed governor of Wisconsin territory, twice elected delegate to congress and also twice elected to the senate of the United States; General W. S. Harney, who was prominent in the Florida war and in the Mexican war and was appointed military commandant of Oregon territory ; Colonel William S. Hamilton, son of Alexander Hamil- ton ; Colonel Nathan Boone, son of Daniel Boone of Kentucky ; Major Sidney Breeze, later chief justice of the supreme court of Illinois : Captain Charles Dunn, who became a member of the
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supreme court of Wisconsin; John Reynolds, afterward governor of Illinois ; O. H. Browning, who represented Illinois in the United States senate; General John J. Hardin, who was killed at the battle of Buena Vista in the Mexican war; E. D. Baker, who was a colonel in the Mexican war and a member of the United States senate from Oregon and who was killed at the battle of Balls Bluff in the Civil War.
While the army of General Atkinson was in camp on Bark river at the mouth of Whitewater creek, the term of enlistment of Abraham Lincoln expired and he, with others. was then mus- tered out of service and returned home.
The territory embraced in the states of Iowa and Minnesota was, on June 28. 1834, for the purpose of temporary government, attached to and made a part of the territory of Michigan.
On September 6, 1834, the legislative council of that territory created Milwaukee county out of the southern portion of Brown county. The village of Milwaukee was made a county seat. The county embraced what is now the counties of Raeine, Kenosha, Walworth, Rock, Jefferson, and portions of Green, Dane, Colum- bia and Dodge.
In 1834 a census was taken in that portion of the Territory of Michigan lying east of Lake Michigan and it was found that the population was more than was required to entitle it to ad- mission as a state.
In April, 1835, an election was held to select delegates to a convention called by the legislative council to prepare a state constitution. This convention met at Detroit, May 11, 1835, and completed its labors June 29.
The constitution prepared by this convention was submitted to the eleetors and ratified November 2, 1835. It was presented to congress by the president December 9 of that year.
Prior to 1834, a controversy arose between the state of Ohio and the territory of Michigan in relation to the boundary line between them, the adjustment of which resulted in a serious eneroachment upon the rights of the Territory of Wisconsin.
When the state of Ohio was admitted into the Union. its north boundary was a line drawn east and west through the southern extreme of Lake Michigan, as established by the ordinance of 1787. When the line was finally located, it was found to be some miles south of what was believed to be the line when the state
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was admitted. It was thereupon claimed on the part of Ohio that an error had been made in describing the north line of the state in the constitution and an application was made to congress by Ohio to correct the error. The Territory of Michigan was in the actual possession of the disputed land and resisted this appli- cation. No action was taken in relation to the matter by congress at that time.
In 1834, the controversy reached an acute stage. Ohio at- tempted to take possession of the lands involved in the dispute, and the governor of the Territory of Michigan ordered out a force of militia to protect the possession of the territory.
The proposed constitution of the state of Michigan was pre- pared and adopted by the constitutional convention while the ex- citement in relation to the boundary question existed.
By the constitution proposed for the state of Michigan, it was intended that the south boundary line of the state should be the line mentioned in the ordinance of 1787, drawn east and west through the southerly extreme of Lake Michigan.
Congress delayed action upon the constitution presented to it and, on June 15, 1836, passed an act entitled, "An act to estab- lish the northern boundary of the state of Ohio, and to provide for the admission of the state of Michigan into the Union upon the conditions therein expressed."
By the first section of this act the northern boundary line of Ohio was moved north and established as desired by Ohio.
By the second seetion the southerly line of the Territory of Michigan was made coincident with the northerly line of Indiana and of Ohio as fixed by the first section, thus cutting off from the south side of the Territory of Michigan a large tract of country.
In the same aet, as compensation for the portion of the Terri- tory of Michigan taken from it, congress admitted Michigan as a state and gave to it all of that portion of the territory belonging to Wisconsin under the ordinance of 1787, lying north of the Menomonee and Montreal rivers and a line drawn between the head waters of those rivers, a territory containing about thirteen thousand square miles and over eight million acres of land, so that Michigan received in exchange for the few square miles of territory claimed by Ohio a large and valuable tract of country
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that, by the ordinance of 1787 and geographically, belonged to Wisconsin.
On April 20, 1836, and prior to the admission of Michigan as a state, congress passed an act creating the territory of Wiscon- sin.
The new territory was bounded on the east by the westerly boundary of Michigan; on the south by the northerly boundary of Illinois; on the west by the Missouri and White Earth rivers and on the north by the line between Canada and the United States and the territory west of Lake Michigan, now a portion of the state of Michigan.
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