The history of Fond du Lac County, Wisconsin, Part 7

Author:
Publication date: 1880
Publisher: Chicago, Western historical company
Number of Pages: 1082

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The first session of the legislature of Wisconsin .commenced at Madison, the seat of govern- ment for the State, on Monday, the 5th day of June, 1848. Ninean E. Whiteside was elected speaker of the assembly, and Henry Billings president of the senate, pro tempore. The democrats were largely in the majority in both houses. The legislature, in joint convention, on the 7th of June, canvassed, in accordance with the provisions of the constitution, the votes given on the 8th of May previous, for the State officers and the two representatives in congress. On the same

HISTORY OF WISCONSIN.

day, the governor, lieutenant governor, secretary of state, treasurer, and attorney general, were sworn into office in presence of both houses. All these officers, as well as the representatives in congress, were democrats. Dewey's majority over John H. Tweedy, whig, was five thousand and eighty-nine. William P. Lynde's majority in the first district, for congress, over Edward V. Whiton, whig, was two thousand four hundred and forty-seven. Mason C. Darling's majority in the second district, over Alexander L. Collins, whig, was two thousand eight hundred and forty- six. As the thirtieth congress, to which Lynde and Darling were elected would expire on the 4th of March, 1849, their terms of office would, of course, end on that day. The former took his seat on the 5th of June, the latter on the 9th of June, 1848.

The constitution vested the judicial power of the State in a supreme court, circuit courts, courts of probate, and in justices of the peace, giving the legislature power to vest such juris- diction as should be deemed necessary in municipal courts ; also, conferring upon it the power to establish inferior courts in the several counties, with limited civil and criminal jurisdiction. The State was divided into five judicial circuits; and judges were to be elected at a time to be provided for by the legislature at its first session. It was provided that there should be no election for a judge or judges, at any general election for State or county officers, nor within thirty days either before or after such election.

On the 8th of June, 1848, Governor Dewey delivered his first message to a joint convention of the two houses. It was clear, concise, and definite upon such subjects as, in his opinion demanded immediate attention. His views were generally regarded as sound and statesmanlike by the people of the State. "You have convened," said he, "under the provisions of the con- stitution of the State of Wisconsin, to perform as representatives of the people, the important duties contemplated by that instrument." " The first session of the legislature of a free people," continued the governor, " after assuming the political identity of a sovereign State, is an event of no ordinary character in its history, and will be fraught with consequences of the highest importance to its future welfare and prosperity. Wisconsin possesses the natural elements, fostered by the judicious system of legislation," the governor added, "to become one of the most populous and prosperous States of the American Union. With a soil unequaled in fertility, and productive of all the necessary comforts of life, rich in mineral wealth, with commercial advantages unsurpassed by any inland State, possessing extensive manufacturing facilities, with a salubrious climate, and peopled with a population enterprising, industrious, and intelligent, the course of the State of Wisconsin must be onward, until she ranks among the first of the States of the Great West. It is," concluded the speaker, " under the most favorable auspices that the State of Wisconsin has taken her position among the families of States. With a population numbering nearly one quarter of a million, and rapidly increasing, free from the incubus of a State debt, and rich in the return yielded as the reward of labor in all the branches of industrial pursuits, our State occupies an enviable position abroad, that is highly gratifying to the pride of our people." Governor Dewey then recommended a number of measures necessary, in his judgment, to be made upon changing from a Territorial to a State government.

The first important business of the legislature, was the election of two United States senators. The successful candidates were Henry Dodge and Isaac P. Walker, both democrats. Their election took place on the 8th of June, 1848, Dodge taking his seat in the senate on the 23d of June, and Walker on the 26th of June, 1848. The latter drew the short term ; so that his office would expire on the 4th day of March, 1849, at the end of the thirtieth congress : Dodge drew the long term, his office to expire on the 4th day of March, 1851, at the end of the thirty-first congress. The residne of the session was taken up in passing such acts as were deemed necessary to put the machinery of the new State government, in all its branches, in fair

WISCONSIN AS A STATE.

running order. One was passed providing for the annual meeting of the legislature, on the second Wednesday of January of each year; another prescribing the duties of State officers ; one dividing the State into three congressional districts. The first district was composed of the counties of Milwaukee, Waukesha, Walworth, and Racine ; the second, of the counties of Rock, Green, La Fayette, Grant, Dane, Iowa, Sauk, Richland, Crawford, Adams, Portage, Chippewa, La Pointe, and St. Croix; the third, of the counties of Washington, Sheboygan, Manitowoc, Brown, Winnebago, Calumet, Fond du Lac, Marquette, Dodge, Jefferson, and Columbia. Another act provided for the election of judges of the circuit courts, on the first Monday of August, 1848. By the same act, it was provided that the first term of the supreme court should be held in Madison on the second Monday of January, 1849, and thereafter at the same place on the same day, yearly ; afterward changed so as to hold a January and June term in each year. An act was also passed providing for the election, and defining the duties of State superintendent of public instruction. That officer was to be elected at the general election to be holden in each year, his term of office to commence on the first Monday of January succeeding his election. Another act established a State university ; another exempted a homestead from a forced sale ; another provided for a revision of the statutes. The legislature, after a session of eighty-five days, adjourned sine die on the twenty-first of August, 1848.

The State, as previously stated, was divided into five judicial circuits : Edward V. Whiton being chosen judge at the election on the first Monday in August, 1848, of the first circuit, com- posed of the counties of Racine, Walworth, Rock, and Green, as then constituted; Levi Hubbell of the second, composed of Milwaukee, Waukesha, Jefferson, and Dane ; Charles H. Larrabee, of the third, composed of Washington, Dodge, Columbia, Marquette, Sauk, and Portage, as then formed; Alexander W. Stow, of the fourth, composed of Brown, Manitowoc, Sheboygan, Fond du Lac, Winnebago, and Calumet ; and Mortimer M. Jackson, of the fifth circuit, composed of the counties of Iowa, LaFayette, Grant, Crawford and St. Croix, as then organized; the county of Richland being attached to Iowa county; the county of Chippewa to the county of Craw- ford ; and the county of LaPointe to the county of St. Croix, for judicial purposes.

In the ensuing Fall there was a presidential election. There were then three organized political parties in the State : whig, democratic, and free-soil-each of which had a ticket in the field. The democrats were in the majority, and their four electors cast their votes for Lewis Cass and William O. Butler. At this election, Eleazer Root was the successful candidate for State superintendent of public instruction. In his election party politics were not considered. There were also three members for the thirty-first congress chosen : Charles Durkee, to represent the first district; Orsamus Cole, the second; and James D. Dotv, the third district. Durkee was a free-soiler; Cole, a whig; Doty, a democrat - with somewhat decided Doty proclivities.

The act of the legislature, exempting a homestead from forced sale of any debt or liability contracted after January 1, 1849, approved the twenty-ninth of July previous, and another act for a like exemption of certain personal property, approved August 10, 1848, were laws the most liberal in their nature passed by any State of the Union previous to those dates. It was prophe- sied that they would work wonderful changes in the business transactions of the new State-for the worse; but time passed, and their utility were soon evident: it was soon very generally acknowledged that proper exemption laws were highly beneficial-a real "good to the greatest number of the citizens of a State.

So much of Wisconsin Territory as lay west of the St. Croix and the State boundary north of it, was, upon the admission of Wisconsin into the Union, left, for the time being, without a government-unless it was still "Wisconsin Territory." Henry Dodge, upon being elected to the United States senate from Wisconsin, vacated, of course, the office of governor of this fraction. John H. Tweedy, delegate in congress at the time Wisconsin became a State, made a formal

HISTORY OF WISCONSIN.

resignation of his office, thus leaving the fractional Territory unrepresented. Thereupon John Catlin, secretary of the Territory of Wisconsin as a whole, and now claiming, by virtue of that office, to be acting governor of the fractional part, issued a proclamation as such officer for an election on the thirtieth of October, 1848, of a delegate in congress. Nearly four hundred votes were polled in the district, showing "Wisconsin Territory " still to have a population of not less than two thousand. H. H. Sibley was elected to that office. On the fifteenth of January, 1849, he was admitted to a seat as "delegate from Wisconsin Territory." This hastened the formation of the Territory of Minnesota-a bill for that purpose having become a law on the third of March, when " Wisconsin Territory" ceased finally to exist, being included in the new Territory.

The year 1848-the first year of the existence of Wisconsin as a State-was one of general prosperity to its rapidly increasing population. The National Government effected a treaty with the Menomoneee Indians, by which their title was extinguished to the country north of the Fox river of Green bay, embracing all their lands in the State. This was an important acquisition, as it opened a large tract of country to civilization and settlement, which had been for a consid- erable time greatly desired by the people. The State government at the close of the year had been in existence long enough to demonstrate its successful operation. The electric telegraph had already reached the capital; and Wisconsin entered its second year upon a flood tide of prosperity.

Under the constitution, the circuit judges were also judges of the supreme court. An act of the legislature, approved June 29, 1848, providing for the election of judges, and for the classification and organization of the judiciary of the State, authorized the election, by the judges, of one of their number as chief justice. Judge Alexander W. Stow was chosen to that office, and, as chief justice, held, in conjunction with Associate Judges Whiton, Jackson, Larrabee, and Hubbell, the first session of the supreme court at Madison, commencing on the eighth day of January, 1849.

The second session of the State legislature commenced, according to law, on the tenth of January, 1849, Harrison C. Hobart being elected speaker of the assembly. Governor Dewey, in his message, sent to both houses on the 11th, referred to the rapidly increasing population of the State, and the indomitable energy displayed in the development of its productive capacity. He recommended the sale of the university lands on a long credit, the erection of a State prison, and the modification of certain laws. On the seventeenth of January, the two houses met in joint convention to elect an United States senator in place of Isaac P Walker, who had drawn

the short term The democrats had a small majority on joint ballot. Walker was re-elected; this time, for a full term of six years, from the 4th of March, 1849. The legislature at this session passed many acts of public utility ; some relating to the boundaries of counties; others, to the laying out of roads; eighteen, to the organization of towns. The courts were cared for ; school districts were organized ; special tax :- were authorized, and an act passed relative to the sale and superintendence of the school and university lands, prescribing the powers and duties of the commissioners who were to have charge of the same. These commissioners, consisting of the secretary of state, treasurer of state, and attorney general, were not only put in charge of the school and university lands held by the State, but also of funds arising from the sale of them. This law has been many times amended and portions of it repealed. The lands at present subject to sale are classified as school lands, university lands, agricultural college lands, Marathon county lands, normal school lands, and drainage lands, and are subject to sale at private entry on terms fixed by law. Regulations concerning the apportionment and investment of trust funds are made by the commissioners in pursuance of law. All lands now the property of the State subject to sale, or that have been State lands and sold, were derived from the Gen-

WISCONSIN AS A STATE.

eral Government. Lands owned by the State amount, at the present time, to about one and one half million acres.

A joint resolution passed the legislature on the 31st of March, 1849, instructing Isaac P. Walker to resign his seat as United States senator, for "presenting and voting for an amend- ment to the general appropriation bill, providing for a government in California and New Mexico, west of the Rio Grande, which did not contain a provision forever prohibiting the introduction of slavery or involuntary servitude" in those Territories. The senator refused to regard these instructions. The legislature adjourned on the second of April, 1849, after a session of eighty- three days.

In July, 1848, the legislature of Wisconsin elected M. Frank, Charles C. Jordan, and A. W. Randall, commissioners to collate and revise all the public acts of the State, of a general and permanent nature in force at the close of the session. Randall declining to act, Charles M. Baker was appointed by the governor in his place. The commissioners commenced their labors in August, 1848, and were engaged in the revision the greater part of the time until the close of the session of the legislature of 1849. It was found impossible for the revisers to conclude their labors within the time contemplated by the act authorizing their appointment; so a joint select committee of the two houses at their second session was appointed to assist in the work. The laws revised by this committee and by the commissioners, were submitted to, and approved by, the legislature. These laws, with a few passed by that body, which were introduced by individual members, formed the Revised Statutes of Wisconsin of 1849 - a volume of over nine hundred pages.

At the general election held in November of this year, Dewey was re-elected governor. S. W. Beall was elected lieutenant governor; William A. Barstow, secretary of state; Jairus C. Fairchild was re-elected treasurer; S. Park Coon was elected attorney general; and Eleazer Root, re-elected superintendent of public instruction. All these officers were chosen as dem- ocrats, except Root, who ran as an independent candidate, the term of his office having been changed so as to continue two years from the first day of January next succeeding his election. By the revised statutes of 1849, all State officers elected for a full term went into office on the first of January next succeeding their election.

The year 1849 developed in an increased ratio the productive capacity of the State in every department of labor. The agriculturist, the artisan, the miner, reaped the well-earned reward of his honest labor. The commercial and manufacturing interests were extended in a manner highly creditable to the enterprise of the people. The educational interest of the State began to assume a more systematic organization. The tide of immigration suffered no decrease during the year. Within the limits of Wisconsin, the oppressed of other climes continued to find welcome and happy homes.

SECOND ADMINISTRATION .- NELSON DEWEY, GOVERNOR (SECOND TERM)-1850, 1851.

On the first day of January, 1850, Nelson Dewey took the oath of office, and quietly entered upon his duties as governor, for the second term. The third legislature convened on the ninth. Moses M. Strong was elected speaker of the assembly. Both houses had democratic majorities. Most of the business transacted was of a local character. By an act approved the fifth of Feb- ruary, the "January term " of the supreme court was changed to December. The legislature adjourned after a session of only thirty-four days. An act was passed organizing a sixth judicial circuit, from and after the first Monday in July, 1850, consisting of the counties of Crawford, Chippewa, Bad Axe, St. Croix and La Pointe, an election for judge to be holden on the same day. Wiram Knowlton was elected judge of that circuit.

HISTORY OF WISCONSIN.

The first charitable institution in Wisconsin, incorporated by the State, was the "Wisconsin Institute for the Education of the Blind." A school for that unfortunate class had been opened in Janesville, in the latter part of 1859, receiving its support from the citizens of that place and vicinity. By an act of the legislature, approved February 9, 1850, this school was taken under the care of the Institute, to continue and maintain it, at Janesville, and to qualify, as far as might be, the blind of the State for the enjoyment of the blessings of a free government; for obtaining the means of subsistence; and for the discharge of those duties, social and political, devolving upon American citizens. It has since been supported from the treasury of the State. On the seventh of October, 1850, it was opened for the reception of pupils, under the direction of a board of trustees, appointed by the governor. The Institute, at the present time, has three departments: in one is given instruction such as is usually taught in common schools; in another, musical training is imparted ; in a third, broom-making is taught to the boys,-sewing, knitting and various kinds of fancy work to the girls, and seating cane-bottomed chairs to both boys and girls. On the thirteenth of April, 1874, the building of the Institute was destroyed by fire. A new building has since been erected.

The taking of the census by the United States, this year, showed a population for Wisconsin of over three hundred and five thousand-the astonishing increase in two years of nearly ninety- five thousand! In r840, the population of Wisconsin Territory was only thirty thousand. This addition, in ten years, of two hundred and seventy-five thousand transcended all previous experience in the settlement of any portion of the New World, of the same extent of territory. It was the result of a steady and persistent flow of men and their families, seeking permanent homes in the young and rising State. Many were German, Scandinavian and Irish; but the larger proportion were, of course, from the Eastern and Middle States of the Union. The principal attractions of Wisconsin were the excellency and cheapness of its lands, its valuable mines of lead, its extensive forests of pine, and the unlimited water-power of its numerous streams.

By the Revised Statutes of 1849, Wisconsin was divided into three congressional districts- the second congressional apportionment-each of which was entitled to elect one representative in the congress of the United States. The counties of Milwaukee, Waukesha, Walworth and Racine constituted the first district; the counties of Rock, Green, La Fayette, Grant, Iowa, Dane, Sauk, Adams, Portage, Richland, Crawford, Chippewa, St. Croix and La Pointe, the second district; the counties of Washington, Sheboygan, Manitowoc, Brown, Winnebago, Calumet, Fond du Lac, Marquette, Columbia, Dodge and Jefferson, the third district. At the general election in the Autumn of this year, Charles 'Durkee, of the first district ; Benjamin C. Eastman, of the second ; and John B. Macy, of the third district, were elected to represent the State in the thirty-second congress of the United States. Durkee, it will be remembered, represented the same district in the previous congress : he ran the second time as an independent candidate. Eastman and Macy were elected upon democratic tickets. The General Government this year donated to the State all the swamp and overflowed lands within its boundaries.

The year 1850 to the agriculturist of Wisconsin was not one of unbounded prosperity, owing to the partial failure of the wheat crop. In the other branches of agriculture there were fair returns. The State was visited during the year by cholera ; not, however, to a very alarming extent.

The fourth session of the legislature of the State commenced on the 8th of January, 1851. Frederick W. Horn was elected speaker of the assembly. The majority in the legisla- ture was democratic. Governor Dewey, in his message, referred to the death of the president of the United States, Zachary Taylor; said that the treasury and finances of the State were in a

WISCONSIN AS A STATE.

sound condition ; and then adverted to many topics of interest and importance to the people of Wisconsin. It was an able document. One of the important measures of the session was the election of an United States senator, in the place of Henry Dodge, whose term of office would expire on the 4th of March, next ensuing. In joint convention of the legislature held on the 20th of January, Dodge was re-elected for a full term of six years. On the 22d, the governor approved a joint resolution of the legislature, rescinding not only so much of the joint resolu- tion of the legislative assembly of Wisconsin, passed March 31, 1849, as censured Isaac J. Walker, but also the instructions in those resolutions relative to his resigning his seat in the senate of the United States.

Among the important bills passed at this session of the legislature was one providing for the location and erection of a State prison. Another one-the apportionment bill-was vetoed by the governor, and having been passed on the last day of the session, failed to become a law. The legislature adjourned on the eighteenth of March, 1851, after a session of seventy days.

On the Ist day of January, 1851, Timothy O. Howe took his seat as one of the associate judges of the supreme court, he having been elected judge of the fourth circuit in place of Alex- ander W. Stow. The office of chief justice of the supreme court, which had been filled by Judge Stow, therefore became vacant, and so remained until the commencement of the next term-June 18, 1851-when Levi Hubbell, judge of the second circuit, was, by the judges present, pursuant to the statute, elected to that office.

By an act of the legislature approved March 14, 1851, the location and erection of a State prison for Wisconsin was provided for-the point afterward determined upon as a suitable place for its establishment being Waupun, Dodge county. By a subsequent act, the prison was declared to be the general penitentiary and prison of the State for the reformation as well as for the punishment of offenders, in which were to be confined, employed at hard labor, and governed as provided for by the legislature, all offenders who might be committed and sentenced accord- ing to law, to the punishment of solitary imprisonment, or imprisonment therein at hard labor. The organization and management of this the first reformatory and penal State institution in Wisconsin, commenced and has been continued in accordance with the demands of an advanced civilization and an enlightened humanity.

On the 29th of September, 1851, Judge Hubbell was re-elected for the full term of six years as judge of the second judicial circuit, to commence January 1, 1852.

At the general election in November, 1851, Leonard J. Farwell was chosen governor ; Timothy Burns, lieutenant governor ; Charles D. Robinson, secretary of State ; E. H. Janssen, State treasurer; E. Estabrook, attorney general; and Azel P. Ladd, superintendent of public. instruction. All these officers were elected as democrats except Farwell, who ran as a whig ; his majority over D. A. J. Upham, democrat, was a little rising of five hundred.

THIRD ADMINISTRATION .- L. J. FARWELL, GOVERNOR-1852-1853.

Governor Farwell's administration commenced on the fifth day of January, 1852. Previous to this-on the third day of the month-Edward V. Whiton was chosen by the judges of the supreme court, chief justice, to succeed Judge Hubbell. On the fourteenth of that month, the legislature assembled at Madison. This was the beginning of the fifth annual session. James McM. Shafter was elected speaker of the assembly. In the senate, the democrats had a majority ; in the assembly, the whigs. The governor, in his message, recommended the memorial- izing of congress to cause the agricultural lands within the State to be surveyed and brought into market; to cause, also, the mineral lands to be surveyed and geologically examined, and offered for sale; and to make liberal appropriations for the improvement of rivers and harbors. The question of " bank or no bank " having been submitted to the people in November previous,

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The history of Fond du Lac County, Wisconsin, Part 7

Author: Publication date: 1880 Publisher: Chicago, Western historical company Number of Pages: 1082

Author:
Publication date: 1880
Publisher: Chicago, Western historical company
Number of Pages: 1082