The history of Fond du Lac County, Wisconsin, Part 8

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

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HISTORY OF WISCONSIN.

and decided in favor of banks, under the constitution, the power was thereby given to the legis- lature then in session to grant bank charters, or to pass a general banking law. Farwell recom- mended that necessary measures be taken to carry into effect this constitutional provision. A larger number of laws was passed at this session than at any previous one. By a provision of the constitution, the legislature was given power to provide by law, if they should think it expe- dient and necessary, for the organization of a separate supreme court, to consist of one chief justice and two associate justices, to be elected by the qualified electors of the State, at such time and in such manner as the legislature might provide. Under this authority, an act was passed at this session providing for the election of a chief justice and two associates, on the last Monday of the September following, to form a supreme court of the State, to supplant the old one, provision for the change being inserted in the constitution. There was also an act passed to apportion and district anew the members of the senate and assembly, by which the number was increased from eighty-five to one hundred and seven: twenty-five for the senate; eighty- two for the assembly. An act authorizing the business of banking passed the legislature and was approved by the governor, on the 19th of April. By this law, the office of bank-comptroller was created-the officer to be first appointed by the governor, and to hold his office until the first Monday in January, 1854. At the general election in the Fall of 1853, and every two years thereafter, the office was to be filled by vote of the people. Governor Farwell afterward, on the 20th of November, appointed James S. Baker to that Office. The legislature adjourned on the nineteenth of April, 1852.

The second charitable institution incorporated by the State was the "Wisconsin Institute for the Education of the Deaf and Dumb." It was originally a private school for deaf mutes, near, and subsequently in, the village of Delavan, Walworth county. By an act of the legislature approved April 19, 1852, it was made the object and duty of the corporation to establish, con- tinue and maintain this school for the education of the deaf and dumb, "at or near the village of Delavan, to qualify, as near as might be, that unfortunate class of persons for the enjoyment of the blessings of a free government, obtaining the means of subsistence, and the discharge of those duties, social and political, devolving upon American citizens." It has since been sup- ported by annual appropriations made by the legislature. A complete organization of the school was effected in June, 1852, under the direction of a board of trustees appointed by the governor of the State. The institute has for its design the education of such children of the State as, on account of deafness, can not be instructed in common schools. Instruction is given by signs, by the manual alphabet, by written language, and to one class by articulation. Two trades are taught : cabinet-making and shoe-making.

During this year, considerable interest was manifested in the projecting of railroads. At the September election, E. V. Whiton was elected chief justice of the new supreme court and Samuel Crawford and Abram D. Smith associate justices. Under the law, the chief justice was to serve a term of four years from the first day of June next ensuing; while the two associates were to cast lots-one to serve for six years, the other for two years, from June 1, 1853. Craw- ford drew the short term-Smith the long term. At the subsequent general election for mem- bers to the thirty-third congress, Daniel Wells, Jr., was chosen from the first district, B. C. Eastman from the second: and J. B. Macy from the third district. All were democrats. A democratic electoral ticket was chosen at the same time. The electors cast their votes for Pierce and Butler.

During 1852, the citizens of Wisconsin enjoyed unusual prosperity in the ample products and remuneration of their industry and enterprise. Abundant harvests and high markets; an increase in moneyed circulation, and the downward tendency of the rates of interest; a prevail- ing confidence among business men and in business enterprises; a continual accession to the

WISCONSIN AS A STATE.

population of the State by immigration; the energetic prosecution of internal improvements under the skillful management of companies; the extension of permanent agricultural improve- ments; and the rapid growth of the various cities and villages; were among the encouraging prospects of the year.

The sixth session of the Wisconsin legislature commenced on the twelfth of January, 1853. On the twenty-sixth of the same month, William K. Wilson, of Milwaukee, preferred charges in the assembly against Levi Hubbell, judge of the second judicial circuit of the State, of divers acts of corruption and malfeasance in the discharge of the duties of his office. A resolu- tion followed appointing a committee to report articles of impeachment, directing the members thereof to go to the senate and impeach Hubbell. Upon the trial of the judge before the senate, he was acquitted. An act was passed to provide for the election of a State prison commis- sioner by the legislature at that session-to hold his office until the first day of the ensuing January. The office was then to be filled by popular vote at the general election in November, 1853-and afterwards biennially-the term of office to be two years from the first day of Jan- uary next succeeding the election by the people. On the 28th of March, the legislature, in joint convention, elected John Taylor to that office. The legislature adjourned on the fourth day of April until the sixth of the following June, when it again met, and adjourned sine die on the thirteenth of July, both sessions aggregating one hundred and thirty-one days.

By an act of the legislature approved February 9, 1853, the " Wisconsin State Agricultural Society," which had been organized in March, 1851, was incorporated, its object being to promote and improve the condition of agriculture, horticulture, and the mechanical, manufacturing and household arts. It was soon after taken under the fostering care of the State by an appropria- tion made by the legislature, to be expended by the society in such manner as it might deem best calculated to promote the objects of its incorporation; State aid was continued down to the commencement of the rebellion. No help was extended during the war nor until 1873; since which time there has been realized annually from the State a sum commensurate with its most pressing needs. The society has printed seventeen volumes of transactions and has held annually a State fair, except during the civil war. Besides these fairs, its most important work is the holding annually, at the capital of the State, a convention for the promotion of agriculture gen- erally. The meetings are largely participated in by men representing the educational and industrial interests of Wisconsin.

By an act of the legislature approved March 4, 1853, the "State Historical Society of Wisconsin " was incorporated-having been previously organized-the object being to collect, embody, arrange and preserve in authentic form, a library of books, pamphlets, maps, charts, manuscripts, papers, paintings, statuary and other materials illustrative of the history of the State; to rescue from oblivion the memory of its early pioneers, and to obtain and preserve narratives of their exploits, perils, and hardy adventures; to exhibit faithfully the antiquities, and the past and present condition, and resources of Wisconsin. The society was also author- ized to take proper steps to promote the study of history by lectures, and to diffuse and publish information relating to the description and history of the State. The legislature soon after took the society under its fostering care by voting a respectable sum for its benefit. Liberal State aid has been continued to the present time. The society, besides collecting a library of historical books and pamphlets the largest in the West, has published eight volumes of collections and a catalogue of four volumes. Its rooms are in the capitol at Madison, and none of its property can be alienated without the consent of the State. It has a valuable collection of painted por- traits and bound newspaper files; and in its cabinet are to be found many prehistoric relics.

On the first day of June, 1853, the justices of the new supreme court went into office : Associate

HISTORY OF WISCONSIN.

Justice Crawford, for two years; Chief Justice Whiton, for four years, Associate Justice Smith for six years as previously mentioned. The first (June) term was held at Madison. La Fayette Kellogg was appointed and qualified as clerk. On the 21st of September, Timothy Burns, lieu- tenant governor of Wisconsin, died at La Crosse. As a testimonial of respect for the deceased the several State departments, in accordance with a proclamation of the governor, were closed for one day-October 3, 1853. In the Fall of this year, democrats, whigs and free-soilers, each called a convention to nominate candidates for the various State offices to be supported by them at the ensuing election in November. The successful ticket was, for governor, William A. Bars- tow; for lieutenant governor, James T. Lewis, for secretary of State, Alexander T. Gray, for State treasurer, Edward H. Janssen; for attorney general, George B. Smith ; for superintendent of public instruction, Hiram A. Wright; for State prison commissioner, A. W. Starks; and for bank comptroller, William M. Dennis. They were all democrats.

The year 1853 was, to the agriculturists of the State, one of prosperity. Every branch of industry prospered. The increase of commerce and manufactures more than realized the expec- tations of the most sanguine.

FOURTH ADMINISTRATION .- WILLIAM A. BARSTOW, GOVERNOR-1854-1855.

On Monday, the second of January, 1854, William A. Barstow took the oath of office as governor of Wisconsin.

The legislature commenced its seventh regular session on the eleventh of January. Fred- erick W. Horn was elected speaker of the assembly. Both houses were democratic. The legislature adjourned on the 3d of April following, after a session of eighty-three days.

In the early part of March, a fugitive slave case greatly excited the people of Wisconsin. A slave named Joshua Glover, belonging to B. S. Garland of Missouri, had escaped from his master and made his way to the vicinity of Racine. Garland, learning the whereabouts of his personal chattel, came to the State, obtained, on the 9th of March, 1854, from the judges of the district court of the United States for the district of Wisconsin, a warrant for the apprehension of Glover, which was put into the hands of the deputy marshal of the United States. Glover was secured and lodged in jail in Milwaukee. A number of persons afterward assembled and rescued the fugitive. Among those who took an active part in this proceeding was Sherman M. Booth, who was arrested therefor and committed by a United States commissioner, but was released from custody by Abram D. Smith, one of the associate justices of the supreme court of Wisconsin, upon a writ of habeas corpus. The record of the proceedings was thereupon taken to that court in full bench by a writ of certiorari to correct any error that might have been committed before the associate justice. At the June term, 1854, the justices held that Booth was entitled to be discharged, because the commitment set forth no cause for detention.

Booth was afterward indicted in the United States district court and a warrant issued for his arrest. He was again imprisoned; and again he applied to the supreme court-then, in term time-for a writ of habeas corpus. This was in July, 1854. In his petition to the supreme court, Booth set forth that he was in confinement upon a warrant issued by the district court of the United States and that the object of the imprisonment was to compel him to answer an indictment then pending against him therein. The supreme court of the State held that these facts showed that the district court of the United States had obtained jurisdiction of the case and that it was apparent that the indictment was for an offense of which the federal courts had exclusive jurisdiction. They could not therefore interfere; and his application for a discharge was denied.

Upon the indictment, Booth was tried and convicted, fined and imprisoned, for a violation of the fugitive slave law. Again the prisoner applied to the supreme court of Wisconsin,-his

WISCONSIN AS A STATE.

last application bearing date January 26, 1855. He claimed discharge on the ground of the unconstitutionality of the law under which he had been indicted. The supreme court held that the indictment upon which he had been tried and convicted contained three counts, the first of which was to be considered as properly charging an offense within the act of congress of Septem- ber 18, 1850, known as the " fugitive slave law," while the second and third counts did not set forth or charge an offense punishable by any statute of the United States ; and as, upon these last- mentioned counts he was found guilty and not upon the first, he must be discharged.

The action of the supreme court of Wisconsin in a second time discharging Booth, was afterward reversed by the supreme court of the United States ; and, its decision being respected by the State court, Booth was re-arrested in 1860, and the sentence of the district court of the United States executed in part upon him, when he was pardoned by the president.

By an act of the legislature, approved March 30, 1854, a "State Lunatic Asylum " was directed to be built at or in the vicinity of Madison, the capital of the State, upon land to be donated or purchased for that purpose. By a subsequent act, the name of the asylum was changed to the " Wisconsin State Hospital for the Insane." This was the third charitable institution established by the State. The hospital was opened for patients in July. 1860, under the direction of a board of trustees appointed by the governor. All insane persons, residents of Wisconsin, who, under the law providing for admission of patients into the hospital for treatment, become resi- dents therein, are maintained at the expense of the State, provided the county in which such patient resided before being brought to the hospital pays the sum of one dollar and fifty cents a week for his or her support. Any patient can be supported by relatives, friends or guardians, if the latter desire to relieve the county and State from the burden, and can have special care and be provided with a special attendant, if the expense of the same be borne by parties interested. The hospital is beautifully located on the north shore of Lake Mendota, in Dane county, about four miles from Madison.

At the general election in the Fall of 1854, for members from Wisconsin to the thirty-fourth congress, Daniel Wells, Jr. was chosen from the first district ; C. C. Washburn, from the second, and Charles Billinghurst from the third district. Billinghurst and Washburn were elected as republicans-that party having been organized in the Summer previous. Wells was a democrat.

The year 1854 was one of prosperity for Wisconsin, to all its industrial occupations. Abund- ant crops and increased prices were generally realized by the agriculturist. It was a year also of general health. It was ascertained that the amount of exports during the year, including lumber and mineral, exceeded thirteen millions of dollars.

The eighth regular session of the State legislature commenced on the 10th of January, 1855. C. C. Sholes was elected speaker of the assembly. The senate was democratic; the assembly, republican. On joint ballot, the republicans had but one majority. On the 1st of February, Charles Durkee, a republican, was elected United States senator for a full term of six years from the 4th of March next ensuing, to fill the place of Isaac P. Walker whose term would expire on that day. Among the bills passed of a general nature, was one relative to the rights of married women, providing that any married woman, whose husband, either from drunkenness or profligacy, should neglect or refuse to provide for her support, should have the right, in her own name, to transact business, receive and collect her own earnings, and apply the same for her own support, and education of her children, free from the control and interference of her husband. The legislature adjourned sine die on the second of April, after a session of eighty-three days. Orsamus Cole having been elected in this month an associate justice of the supreme court in place of Judge Samuel Crawford, whose term of office would expire on the thirty-first of May of that year, went into office on the first day of June following, for a term of six years. His office would therefore end on the thirty-first of May, 1861.

IHISTORY OF WISCONSIN.

On the 27th of May, 1855, Hiram A. Wright, superintendent of public instruction, died at Prairie du Chien. On the 18th of June following, the governor appointed A. Constantine Barry to fill his place. On the 5th of July, Garland, the owner of the rescued fugitive slave Glover, having brought suit in the United States district court for the loss of his slave, against Booth, the trial came on at Madison, resulting in the jury bringing in a verdict under instructions from the judge, of one thousand dollars, the value of a negro slave as fixed by act of congress of 1850.

The constitution of the State requiring the legislature to provide by law for an enumeration of the inhabitants in the year 1855, an act was passed by that body, approved March 31, of this year, for that purpose. The result showed a population for Wisconsin of over five hundred and fifty-two thousand. In November, at the general election, the democratic ticket for State offi- cers was declared elected : William A. Barstow, for governor; Arthur McArthur, for lieutenant governor; David W. Jones, for secretary of State; Charles Kuelin, for State treasurer; Wil- liam R. Smith, for attorney general; A. C. Barry, for superintendent of public instruction ; William M. Dennis, for bank comptroller; and Edward McGarry for State prison commissioner. The vote for governor was very close; but the State canvassers declared Barstow elected by a small majority. The opposing candidate for that office was Coles Bashford, who ran as a republican

The year 1855 was a prosperous one to the farmers of Wisconsin as well as to all industrial occupations. There were abundant crops and unexampled prices were realized.

FIFTH ADMINISTRATION .- COLES BASHFORD, GOVERNOR-1856-1857.

On the seventh day of January, 1856. William A. Barstow took and subscribed an oath of office as governor of Wisconsin, while Coles Bashford, who had determined to contest the right of Barstow to the governorship, went, on the same day, to the supreme court room, in Madison, and had the oath of office administered to him by Chief Justice Whiton. Bashford afterward called at the executive office and made a formal demand of Barstow that he should vacate the gubernatorial chair ; but the latter respectfully declined the invitation. These were the initiatory steps of " Bashford vs. Barstow," for the office of governor of Wisconsin.

The fight now commenced in earnest. On the eleventh, the counsel for Bashford called upon the attorney general and requested him to file an information in the nature of a quo warranto against Barstow. On the fifteenth that officer complied with the request. Thereupon a summons was issued to Barstow to appear and answer. On the twenty-second, Bashford, by his attorney, asked the court that the information filed by the attorney general be discontinued and that he be allowed to file one, which request was denied by the court. While the motion was being argued, Barstow, by his attorneys, entered his appearance in the case.

On the second of February, Barstow moved to quash all proceedings for the reason that the court had no jurisdiction in the matter. This motion was denied by the court ; that tribunal at the same time deciding that the filing of the motion was an admission by Barstow that the alle- gations contained in the information filed by the attorney general were true.

On the twenty-first of February, the time appointed for pleading to the information, Bar- stow, by his attorneys, presented to the court a stipulation signed by all the parties in the case, to the effect that the board of canvassers had determined Barstow elected governor; that the secre- tary of State had certified to his election ; and that he had taken the oath of office. They submit- ted to the court whether it had jurisdiction, beyond the certificates, of those facts and the canvass so made to inquire as to the number of votes actually given for Barstow,-Bashford offering to prove that the certificates were made and issued through mistake and fraud, and that he, instead of Barstow, received the greatest number of votes. This stipulation the court declined to enter- tain or to pass upon the questions suggested ; as they were not presented in legal form. Barstow

WISCONSIN AS A STATE.

was thereupon given until the twenty-fifth of February to answer the information that had been filed against him by the attorney general.

On the day appointed, Barstow filed his plea to the effect that, by the laws of Wisconsin regulating the conducting of general election for State officers, it was the duty of the board of canvassers to determine who was elected to the office of governor; and that the board had found that he was duly elected to that office. It was a plea to the jurisdiction of the court. A demurrer was interposed to this plea, setting forth that the matters therein contained were not sufficient in law to take the case out of court ; asking, also, for a judgment against Barstow, or that he answer further the information filed against him. The demurrer was sustained; and Barstow was required to answer over within four days; at the expiration of which time the counsel for Barstow withdrew from the case, on the ground, as they alleged, that they had appeared at the bar of the court to object to the jurisdiction of that tribunal in the matter, and the court had determined to proceed with the case, holding and exercising full and final jurisdiction over it; and that they could take no further steps without conceding the right of that tribunal so to hold. Thereupon, on the eighth of March, Barstow entered a protest, by a communication to the supreme court, against any further interference with the department under his charge by that tribunal, " either by attempting to transfer its powers to another or direct the course of executive action." The counsel for Bashford then moved for judgment upon the default of Barstow.

A further hearing of the case was postponed until March 18, when the attorney general filed a motion to dismiss the proceedings ; against which Bashford, by his counsel, protested as being prejudicial to his rights. It was the opinion of the court that the attorney general could not dismiss the case, that every thing which was well pleaded for Bashford in his information was confessed by the default of Barstow. By strict usage, a final judgment ought then to have fol- lowed ; but the court came to the conclusion to call upon Bashford to bring forward proof, showing his right to the office. Testimony was then adduced at length, touching the character of the returns made to the State canvassers; after hearing of which it was the opinion of the court that Bashford had received a plurality of votes for governor and that there must be a judgment in his favor and one of ouster against Barstow ; which were rendered accordingly.

The ninth regular session of the legislature of Wisconsin commenced on the ninth of January, 1856. William Hull was elected speaker of the assembly. The senate had a repub- lican majority, but the assembly was democratic. On the eleventh Barstow sent in a message to a joint convention of the two houses. On the twenty-first of March he tendered to the legisla- ture his resignation as governor, giving for reasons the action of the supreme court in "Bashford v's. Barstow," which tribunal was then hearing testimony in the case. On the same day Arthur McArthur, lieutenant governor, took and subscribed an oath of office as governor of the State, afterwards sending a message to the legislature, announcing that the resignation of Barstow made it his duty to take the reins of government. On the twenty-fifth, Bashford called on McArthur, then occupying the executive office, and demanded possession-at the same time intimating that he preferred peaceable measures to force, but that the latter would be employed if necessary. The lieutenant governor thereupon vacated the chair, when the former took the gubernatorial seat, exercising thereafter the functions of the office until his successor was elected and qualified. His right to the seat was recognized by the senate on the twenty-fifth, and by the assembly on the twenty-seventh of March, 1856. This ended the famous case of " Bashford as. Barstow," the first and only " war of succession " ever indulged in by Wisconsin.

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The history of Fond du Lac County, Wisconsin, Part 8

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