USA > Wisconsin > Dodge County > The history of Dodge county, Wisconsin, containing its early settlement, growth an extensive and minute sketch of its cities war record, biographical sketches > Part 51
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Twelfth Session, 1859 .- Senate-William E. Smith, Fox Lake. Assembly-Thomas Palmer, John C. Bishop, Waldo Lyon, Cyrus S. Kneeland, Lorenzo Merrill and John Lowth.
339
HISTORY OF DODGE COUNTY.
Thirteenth Session, 1860 .- Senate-Benjamin Ferguson, Fox Lakc. Assembly-Elva Simpson, Max Bachhuber, John W. Nash, Stoddard Judd, David S. Ordway and H. C. Griffin.
Fourteenth Session, 1861 .- Senate-Benjamin Ferguson, Fox Lake. Assembly-Peter Peters, Jacob Bodden, David N. Minor, George W. Bly, F. H. Kribs and J. C. Williams.
Fifteenth Session, 1862 .- Senate-[Apportionment changed, two Senators being chosen.] Joel Rich, Juneau ; Sat. Clark, Horicon. Assembly-[Apportionment changed back to five Assemblymen. ] Quartus H. Barron, John F. McCollum, H. C. Griffin, Jacob G. Mayer and Daniel D. Hoppock.
Sixteenth Session, 1863 .- Senate-Joel Rich, Juneau ; Sat. Clark, Horicon. Assembly- Oliver Ashley, J. F. McCollum, Oscar F. Jones, Albert Burtch and F. Wagner.
Seventeenth Session, 1864 .- Senate-W. E. Smith, Fox Lake; Sat. Clark, Horicon. Assembly-George H. Adams, William H. Green, O. F. Jones, Max Bachhuber and John G. Daily.
Eighteenth Session, 1865 .- Senate-W. E. Smith, Fox Lake; Sat. Clark, Horicon. Assembly -* James M. McGuire, Michael F. Lowth, O. F. Jones, Peter Peters and Ferdinand Gnewuch.
Nineteenth Session, 1866 .- Senate-Stoddard Judd, Fox Lake; Sat. Clark, Horicon. Assembly-Oliver Ashley, Andrew Willard, Hiram Sawyer, Jacob Bodden and W. M. Morse.
Twentieth Session, 1867 .- Senate-Stoddard Judd, Fox Lake; Sat. Clark, Horicon. Assembly [The number of Districts reduced to four. ]-Miles Burnham, James B. Hays, War- ren Marston and John Wetherby.
Twenty-first Session, 1868 .- Senate-H. W. Lander, Beaver Dam ; Sat. Clark, Hori- con. Assembly-Lawrence Connor, Lewis M. Benson, Charles E. Goodwin and G. W. Colomy. Twenty-second Session, 1869 .- Senate-H. W. Lander, Beaver Dam ; Sat. Clark, Hori-
con. Assembly-Cyrus Perry, Rees Evans, Arthur K. Delaney and Eugene O'Connor.
Twenty-third Session, 1870 .- Senate-S. D. Burchard, Beaver Dam ; Sat. Clark, Hori-
con. Assembly-E. Adams Fowler, Francis Johnston, Henry S. Burtch and Henry Bertram. Twenty-fourth Session, 1871 .- Senate-S. D. Burchard, Beaver Dam; Sat. Clark, Hori- con. Assembly-William E. Smith (Speaker), Allen H. Atwater, William Rusch and Marcus Trumer.
Twenty-fifth Session, 1872 .- Senate [Apportionment changed, one Senator being chosen]- Sat. Clark, Horicon. Assembly [Apportionment changed, six Assemblymen being chosen from the countyt]-Michael Adams, Calvin E. Lewis, Allen H. Atwater, Silas W. Lamoreux, George Schott and John Solon.
Twenty-sixth Session, 1873 .- Senate-S. D. Burchard, Beaver Dam. Assembly-John W. Davis, John Runkle, Wilfred C. Fuller, Dennis Short, Sat. Clark and F. Gnewuch.
Twenty-seventh Session, 1874 .- Senate-S. D. Burchard, Beaver Dam. Assembly-E. J. Boomer, D. C. Gowdey, D. L. Bancroft, Jacob Bodden, A. H. Lehman and John Dunn, Jr. Twenty-eighth Session, 1875 .- Senate-John A. Barney, Mayville. Assembly-Owen R. Jones, D. W. Coleman, John Lloyd, Max Bachihuber, W. M. Morse and Herman Grube.
Twenty-ninth Session, 1876 .- Senate-J. A. Barney, Mayville. Assembly-Patrick Griffin, Columbus Germain, G. H. Lawrence, C. E. Kite, George Schott and James Higgins. Thirtieth Session, 1877 .- Senate-Charles H. Williams. Fox Lake. Assembly [changed to four Representatives]-William Zeiman, F. A. Neuhauser, Leander H. Shepard and Patrick Roach.
Thirty-first Session, 1878 .- Senate-C. H. Williams, Fox Lake. Assembly-Carl Dowe, Eli Hawkes, Peter Langenfeld and E. C. McFetridge.
Thirty-second Session, 1879 .- Senate-E. C. McFetridge, Beaver Dam. Assembly- William Fleming, Henry Spiering, James Davison and William Geise.
* Died during session ; Stoddard Judd elected to fill vacancy.
# Excepting the Fifth and Sixth Wards of Watertown.
+ Excepting the Fifth and Sixth Wards of Watertown.
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HISTORY OF DODGE COUNTY.
Thirty-third Session, 1880 .-- Senate -- E. C. MeFetridge, Beaver Dam. Assembly -- William Fleming, Joseph Heimerl, D. C. Williams and B. F. Sherman.
CONGRESSIONAL.
An act of Congress, approved April 20, 1836, provided for the organization of the Terri- tory of Wisconsin, and conferred upon the people the right to be represented in the National Congress by one Delegate, to be chosen by the votes of the qualified electors of the Territory. Under this authority, the Territory was represented in Congress as follows :
George W. Jones, elected October 10, 1836 ; James D. Doty, September 10, 1838 ; James D. Doty, August 5, 1840 ;* IIenry Dodge, September 27, 1841 ; Henry Dodge, September 25, 1843 ; Morgan L. Martin, September 22, 1845; John II. Tweedy, September 6, 1847.
By the Constitution adopted when the Territory became a State, in 1848, two Representa- tives in Congress were provided for, by dividing the State into two Congressional Distriets, the Second Distriet being composed of the counties of Dodge, Washington, Sheboygan, Calumet, Brown, Winnebago, Fond du Lac, Marquette, Sauk, Portage, Columbia, Dane, Iowa, La Fay- ette, Grant, Richland, Crawford, Chippewa, St. Croix and La Pointe. Under this authority an election was held May 8, 1848, and Mason C. Darling was chosen from the Second Distriet as Representative in the Thirtieth Congress.
At the First Session of the State Legislature, the State was divided into three Congressional Districts, Dodge County being ineluded in the Third District. This apportionment continued unchanged until 1861, during which time the county was represented as follows : Thirty-first Congress, James Duane Doty ; Thirty-second, John B. Maey ; Thirty-third, John B. Maey ; Thirty-fourth, Charles Billinghurst ; Thirty-fifth, Charles Billinghurst ; Thirty-sixth, Charles H. Larrabee ; Thirty-seventh, A. Scott Sloan.
At the Fourteenth Session of the Legislature (1861) the State was divided into six Con- gressional Distriets, Dodge County being apportioned to the Fourth District, and Charles A. Eldredge was chosen as the Representative. He remained in office twelve years, serving six successive terms.
The present Congressional apportionment was made at the Twenty-fifth Session of the Legis- lature (1872), when the State was divided into eight districts, Dodge County, together with the counties of Fond du Lac, Manitowoc and Sheboygan, being included in the Fifth Distriet. From this last apportionment to the present time the Representatives from the Fifth have been Charles A. Eldredge, Samuel D. Burchard and Edward S. Bragg.
* Appointed Governor of the Territory by President Tyler September 13, 1841, and resigned his seat as Delegate.
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CHAPTER III.
POLITICAL GEOGRAPHY-HORICON DAM CONTROVERSY-COUNTY POOR FARM-HONORABLE MEN- TION-ILLUSTRIOUS DEAD-RELICS OF THE EIGHTEENTH CENTURY-FIRST LAND ENTRY, ETC .- A FOURTH OF JULY CELEBRATION-SOME STATISTICS-THE GREAT INDIAN SCARE.
POLITICAL GEOGRAPHY.
Dodge County is bounded on the north by the counties of Green Lake and Fond du Lac, on the east by Fond du Lac and Washington, on the south by Jefferson and Waukesha, and on the west by Dane and Columbia. Its castern boundary is about twenty-six miles from Lake Michigan and its western boundary about one hundred and four miles from the Mississippi River. It covers an area of 900 square miles, and, with the exception of Dane, is the largest southeastern county in the State. This territory, with all the Northwest, was claimed by France from 1671 to 1763, when it was surrendered to the British. By the Quebec Act of 1774, the whole was placed under the local administration of Canada. It was, however, practically put under a despotic military rule, and so continued until possession passed to the United States. Before the last mentioned event, and during and after the Revolution, the conflicting claims of Virginia, New York, Massachusetts and Connecticut, to portions of the country, were relin- quished to the General Government. All these claims were based upon chartered rights, and Virginia added to hers the right of conquest of the " Illinois country " during the Revolution. As early as October, 1778, she declared, by an act of her General Assembly, that all the citizens of that commonwealth who were then settled, or should thereafter settle, on the western side of the Ohio, should be included in a distinct county, which should be called Illinois. No Vir- ginians were then settled as far north as what is now Wisconsin ; and, as none thereafter located so far north before she relinquished all her rights to the United States, it follows that no part of the State was included in Illinois County, and that she never exercised any jurisdiction over any portion of Wisconsin ; nor did she make claim to any portion of it by right of conquest.
Notwithstanding the passage of the ordinance of 1787, establishing a government over the territory northwest of the Ohio River, which territory was acquired by the treaty of 1783 from Great Britain, possession only was obtained by the United States of the southern portion, the northern part being held by the British Government until 1796. Arthur St. Clair, in February, 1790, exercising the functions of Governor, and having previously organized a government for the country under the ordinance above mentioned, established, in what is now the State of Illi- nois, a county which was named St. Clair. But, as this county only extended north " to the mouth of the Little Mackinaw Creek on the Illinois," it did not include, of course, any part of the present Wisconsin, although being the nearest approach thereto of any organized county up to that date.
The next and much nearer approach to Dodge County was by the organization of Wayne County in 1796, which was made to include, beside much other territory, all of the present State watered by streams flowing into Lake Michigan. Still, no part of Rock River Valley had as yet come into any county organization. However, from 1800 to 1809, what are now the limits of Dodge County were within the Territory of Indiana, and, in the last mentioned year, passed into the Territory of Illinois. It is probable that thic Indiana Territory exercised jurisdiction over what is now Wisconsin to the extent of appointing two Justices of the Peace-one for Green Bay and one for Prairie du Chien. In the year 1809, the Illinois Territorial Government com- missioned three Justices of the Peace and two militia officers at Prairie du Chien, St. Clair County
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HISTORY OF DODGE COUNTY.
having previously been extended so as to include that point, and probably Green Bay. In the course of time, other Illinois counties had jurisdiction, until in 1818, when what is now Wis- consin became a portion of the Territory of Michigan. Under the government of the latter, the district of country now forming Dodge County was first included within the limits of the county of Brown, afterward Milwaukee, and so continued until it became itself a county, consti- tuted as such by name and boundary, December 7, 1836.
THE HORICON DAM CONTROVERSY.
The erection of a dam across Rock River, near the village of Horicon, was commenced in 1845 and completed in 1846-47. A saw-mill was built, in connection with the dam, in 1847, and a grist-mill in 1848-19. In June, 1852, owing to an unusual accumulation of water above, the dam "went out." The break was nearly one hundred feet in width, and the united efforts of the citizens were required to stay the rushing waters. For six weeks, the work of deposit- ing stones and trees and earth in the break went on, and it was not until the energies of the current had been spent, that the gaping chasm could be completely bridged. In the mean time, the land owners on the east side of the lake got out an injunction against the proprietors of the dam-who were, putatively, William M. Larrabee, John B. Preston, Harvey Rice and Jonathan Burr-to restrain them from further proceeding with the work; but, as the citizens appeared to be the parties most interested, service of the restraining order upon the individuals named above (who were apparently unconcerned) did not have the effect of suspending opera- tions ; and so the dam was finished, and, in the spring of 1853, the lake, to the evident gratifi- tion of duck-hunters, small boys and muskrats, became itself again. About this time, a league, composed of farmers claiming that their lands were overflowed by the waters of the lake, was organized and led by Ira Hodge, and thenceforth a relentless war was waged against those inter- ested in maintaining the dam. In March, 1854, the Horicon Iron and Manufacturing Company was duly incorporated, and "authorized to maintain the dam now erected across Rock River, at the village of Horicon ; provided, however, that the dam or dams hereafter constructed shall not be raised so as to flow other lands than are already flowed ; * * and, in the event of the said dam causing the water to flow upon lands other than those belonging to said company, and if said company cannot agree with the owners thereof as to the amount of compensation to be paid for damages to such lands by reason of such flowing, and for the right to flow the same, then the question of damages to such lands, and for such right, shall be submitted to arbitra- tors." Hodge, after being awarded $1,400 for damages to his own land, used his efforts to have his neighbors press their claims, and the result was a suit before the Circuit Court of Milwau- kee County, entitled " Zweig vs. Horicon Iron and Manufacturing Company and others. In Vol. XVII, Wisconsin Reports, we find a recital of the case, in substance as follows :
In December, 1850, the plaintiff took out a patent from the United States for the southwest quarter of the northwest quarter of Section 10, Township 12, Range 16, in Dodge County, and also for the northwest quarter of the northeast quarter of Section 9 in the same town. In November, 1853, he became owner of the northeast quarter of the southeast quarter of said Section 9. In December, 1858, he became owner of the northwest quarter of the southwest quarter of said Section 10. The lands were first entered in the summer of 1849. * * * In the fall of 1858, proceedings were taken by the plaintiff to obtain damages from said Company for the flowage of his lands, and for the right to flow them. An arbitration was had, as provided by the charter of the Company, and award made in March, 1859, from which the plaintiff appealed, and judgment was rendered for the plaintiff, in May, 1860, for $860 damages, with costs. On this judgment, execution was issued May 4, 1860, and on the 4th of July following, the Sheriff returned that after diligent search he could not find any property belonging to the defendant whereon to make the whole or any part of the amount. No part of the judgment having been paid or tendered to the plaintiff, this action was commenced against the Company in 1862 for an abatement of the dam, and an injunction against its further maintenance.
The answer of the Company, among other things, denied the regularity of the proceedings resulting in the judgment ; stated that by reason of the erection of the dam a large and flourishing village and a large mill and manufacturing interest had grown up, which would be greatly injured by the removal of the dam ; that it had been maintained since 1846, and that the plaintiff acquired title to his lands in part in 1848, and in part in 1853; that he had lived in the neighborhood thereofever since 1848, and had knowledge of the existence of the dam and the extent of the damage done. The answer also alleged that the execution was improperly returned unsatisfied, as the Company had sufficient property to satisfy the same apparent of record.
Honderd Suda (DECEASED) FOX LAKE
345
HISTORY OF DODGE COUNTY.
The Court decided against the plaintiff, and an appeal to the Supreme Court was taken, which resulted in a reversal of the decision of the Court below, and the subsequent tearing away of the dam. The opinion was by Judge Orsamus Cole, and was based mainly upon the provisions of Section 7 of the Company's Charter, namely: That in the event of the dam causing the flowage of lands not belonging to the Company, if the latter could not agree with the land-owner as to the amount of compensation, such amount should be determined in a mode therein specified. The Court held that where the owner of lands flowed by the dam had obtained, in accordance with the charter, a judgment for his damages, which was not paid and could not be collected, he was entitled to have the dam abated.
J. M. Gillet and D. J. Pulling appeared for the appellant, and Charles Billinghurst and William P. Lynde for the respondents.
MECHANICS" UNION MANUFACTURING COMPANY.
When it became evident that the removal of the Horicon dam would be the ultimate result of the legal proceedings then pending, the Legislature was applied to by William M. Dennis, Samuel Baird, Trueman Woodford, H. H. Rich, H. E. Connit, J. M. Sherman and Sat. Clark, the individuals ostensibly interested in the dam property, for a law allowing them to purchase of the State the land now known as the Horicon marsh, comprising an area of about twenty-five thousand acres. The petitioners set forth that, in view of the loss they would sustain by the demolition of their dam, they should be granted the privilege of thus indemni- fying themselves. The act required was accordingly passed in 1867, and an association of the above-named individuals was immediately formed, known as the Mechanics' Union Manufactur- ing Company, with a capital stock of $70,000, divided into $100 shares. Messrs. Rich and Connit have retired from the Company, the latter disposing of his interest to C. K. Pryor, of Fond du Lac. About one-eighth of the land has been sold to private parties.
COUNTY POOR-FARM. " I'm old, and helpless, and feeble ; The days of my youth have gone by. So it's over the hill to the Poorhouse I wander alone there to die."
No nation upon the earth is more magnanimous in its laws relating to the care of the poor than is the United States of America. Especially is this true of that portion of the country known as the great Northwest, and particularly of the section within the province of this work. It is not strange that the early settler so readily discovered the necessities of the poor, and was so prompt to take action in inaugurating measures for their relief and comfort, when we consider that his own condition was one of poverty ; thus he was enabled to realize the situation of his neighbor, who perhaps, had been less fortunate in his efforts to provide against the attacks of those twin monsters, cold and hunger. There is no record of the many private acts of charity known to have been performed by affluent citizens toward their necdy neighbors. The halo of an eloquent silence surrounds them ; but, deeply graven, in letters more pure than gold, doth shine the deeds of many noble men and women, whose Christianity is not alone expressed in their devotion to the church.
The first organized effort on the part of the citizens of Dodge County for the alleviation of their follow-beings whose misfortunes had brought them to the threshold of want, was made in 1855, when a quarter-section of land was purchased in Hyland Prairie and devoted to the pur- pose of a Poor-Farm. In 1859, a more suitable and convenient site was obtained near Juneau, containing one hundred and forty acres, for which the county paid $3,500. In the mean time, the paupers were removed to Waupun, where they temporarily occupied the old Carrington House until the completion, in 1861, of the main building near Juneau, when they were trans- ferred to permanent quarters. Additional buildings have been put up from time to time, over
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HISTORY OF DODGE COUNTY.
$20,000 having been expended in improvements, upon which there is an insurance of $12,300 in the most substantial guilds. The buildings are of brick, of the most modern design, well ventilated in summer and heated by steam in the winter. A thorough inspection of the prem- ises, from cellar to garret, by the writer, justifies the assertion that no institution of a similar nature, in point of cleanliness and systematic management generally, presents more superior advantages or facilities. The institution is supported from county and town funds, $1.75 per week for each pauper being charged for board, clothing, tobacco, etc. The average aggregate cost per year is about $5.000. The highest number of inmates cared for at any one time (including the county's insane, who, by the way, should belong to a separate institution) was seventy-eight ; the present number is sixty-two. The cost of maintaining the twenty-one insane persons, at present confined there, is quite as great as is the amount required for twice that number of paupers. For the past three years the annual productions of the Poor-Farm have amounted to $2,200. The superintendence and management of the Poorhouse has, a greater portion of the time since its establishment, been vested in a Board of Trustees, composed of three members of the Board of Supervisors, one of whom acted as resident Superintendent. In 1854, the non-resident members of the Board were A. Ackerman and Lorenzo Merrill; in 1855, William Giles became the resident Superintendent, and remained as such until 1861. During this time, Lorenzo Merrill, Silas Hemstreet and James H. Warren were on the Board of non- resident managers. From 1861 to 1876, A. B. Hitchcock was the Superintendent, with the exception of one year, when Aaron Potter was substituted, but retired in favor of Mr. Hitch- cock, who was re-instated. In January, 1876, J. W. Perry became Superintendent, and has remained in office to the present time. The employed help is very small, considering the great amount of work to be performed, and consists of two mnen and four girls, whose salaries, together with those paid the Superintendent and his wife-the latter of whom acts in the capacity of matron-aggregate $1,855 per annum. Those of the inmates whose disabilities are not too great make themselves useful about the farm. Superintendent Perry commands the respect and obedience of his wards, as well as the confidence of the people.
HONORABLE MENTION.
Dodge County has been exceptionally prolific of men who have gone before the world charged by intelligent constituencies with the duties pertaining to honorable and responsible public positions. Foremost among these may be mentioned the Honorable Secretary of the Interior, Carl Schurz, who for some years made the Fifth Ward of Watertown his permanent residence.
Second in the list of honorable mention is Gov. William E. Smith, who settled at Fox Lake in 1849, and resided there until 1871. During that time he served three terms as State Senator, and two as Assemblyman ; was afterward elected State Treasurer two terms, and is now filling the office of Governor of the State of Wisconsin for the second time.
The gentlemen resident in Dodge County whose voices have been heard in the halls of Con- gress are Charles Billinghurst, C. H. Larrabee, A. Scott Sloan and S. D. Burchard. Mr. Bill- inghurst was chosen to represent his district in the Lower House of the first State Legislature, and was twice elected to Congress. Charles H. Larrabee was a member of the Second Constitu- tional Convention, and was on the bench as Associate Justice of the Supreme Court from August, 1848, to June, 1853. He was elected to the XXXVIth Congress, and, when the war broke out, entered the service in defense of the Union as Major of the Fifth Regiment of Wisconsin Volunteers. Resigning that position, he was appointed Colonel of the Twenty- fourth Wisconsin Volunteers, and served till the close of the bloody conflict. Col. Larrabee is now practicing law at Seattle, Washington Territory. A. Scott Sloan has been a member of the Assembly, Attorney General two terms, member of Congress, and Judge of the County and Cir- cuit Courts. Mr. Burchard, the last member of Congress, resident and representative of Dodge County, has served four years as State Senator.
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HISTORY OF DODGE COUNTY.
Gen. Henry Bertram became famous during the war against secession. He enlisted from the Fifth Ward of Watertown, as First Lieutenant of Company A, Third Regiment, com- manded at the historical battle of Prairie Grove, and rose rapidly from the rank of a Lieutenant to that of Brevet Brigadier General. Returning from the front after the fall of Richmond, he was appointed Postmaster of Watertown, by President Johnson, and, in 1870, was elected to the Assembly from that city, and afterward served one term as Sheriff of Dodge County. Ile died September 3, 1878, and fills an honored grave in the public cemetery at Juneau.
Hiram Barber, Jr., came to Dodge County with his father, Judge Barber, of Horicon, at quite an early age : received a common-school education at Juneau, and graduated at the Wisconsin University ; practiced law at Juneau, in partnership with Billinghurst & Lewis; afterward removed to Watertown, where he became associated in his profession with Gill & Friebert ; took up his residence in Chicago some years ago, and was elected to Congress from Cook County in 1878.
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