USA > Wisconsin > Sauk County > The history of Sauk County, Wisconsin, containing an account of settlement, growth, development and resources biographical sketches the whole preceded by a history of Wisconsin > Part 51
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In November, 1852, Town 13, Range 4, was set off as a new town called Winfield. The name of the town of Dells was also changed to that of Kildare. Sections 19 and 20, Town 11, Range 6, were attached to the town of Freedom. One of the most animated scenes in the history of the board occurred at this session over a proposition to divide the town of Prairie du Sac. A vote was taken by towns, on a motion to postpone action on the petition, resulting in eight noes and five ayes. The vote on the question of division stood the same.
In December, 1852, Sections 2, 11 and 14, Town 12, Range 6 (then belonging to the town of New Buffalo), were annexed to the town of Flora. The order providing for the divi- sion of the town of Prairie du Sac was also taken up, and a vote to reconsider was carried. A
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HISTORY OF SAUK COUNTY.
subsequent motion to rescind the order was voted down-ayes, five, noes, eight. - A petition from citizens of the " Lemonweir " for a new town, to be called Hillsdale, was granted. The terri- tory now in Sauk County, then included in the town of Hillsdale, was that comprised in the north half of the towns of Lavalle and Woodland. The greater portion of the town, however, lay in the present county of Juneau. It was at this session of the board that the name of the town of Brooklyn was changed to Baraboo, and the southern division of the town of Prairie du Sac was christened Lower Prairie du Sac.
In. December, 1853, the name of the town of Flora was changed to Fairfield.
In November, 1854, the town of Reedsburg was divided, and the new town thus created was called Westfield. It was also the wisdom of the board that the town of Kingston be like- wise severed, and the name of Merrimack given to the new town. The action of the board in this regard was prompted by the result of the elections previously held in the towns of Reeds- burg and Kingston, at which the citizens voted in favor of a division. It was during this session of the board that the town of Honey Creek was divided, and the town of Franklin created.
In December, 1855, so much of the town of Marston as was then included in Town 11, Range 3, and Sections 25 to 36, inclusive, in Town 12, Range 3, was organized into a new town, called Washington.
In January, 1857, Town 13, Range 2, was set off from the town of Marston, the new town being called Woodland. In December of the same year, the town of Troy was organized out of the towns of Honey Creek and Spring Green. The organization of the town of Excel- sior bears the same date, it having been formed out of the towns of Dellona and Freedom. The territory of the town of Freedom was further abridged, about this time, by Sections 19, 20, 29, 30, 31 and 32 being attached to the town of Baraboo.
In September, 1858, the town of Bear Creek was created out'of the town of Franklin.
In November, 1859, the towns of Marston and Washington were divided, by setting off from the former all that part lying south of the town line between Towns 12 and 13, and from the latter all that part lying north of Towns 11 and 12. Out of the portions thus set off, the town of Ironton was created.
In November, 1861, the name of the town of Kingston was changed to Sumter, and the town of Marston was also changed to Lavalle. There have been other slight changes from time to time in the boundaries of towns. No new towns have been created, however, and for the past twenty years the number of towns in the county (twenty-two) has not been increased or decreased.
TERRITORIAL, STATE, AND CONGRESSIONAL REPRESENTATION.
The First Legislative Assembly under the Territorial Government of Wisconsin, convened at Belmont, La Fayette County, in October, 1836. The counties of Brown, Crawford, Iowa and Milwaukee, then embraced the whole territory of what now constitutes Wisconsin. Until 1840, Sauk County was a part of Crawford, and was so represented in the Territorial Legislature, at the first session of which James H. Lockwood and James B. Dallam sat as Representatives. Thomas P. Burnett claimed a seat in the Council, but was rejected by that body, as the appoint- ment of members belonged exclusively to the Executive of the Territory.
At the second session (1837-38), the Representatives were Ira B. Brunson and Jean Bru- net ; no member of Council.
The first session of the Second Legislative Assembly convened at Madison November 26, 1838, and adjourned December 22. Council, George Wilson ; Representative, Alexander Mc- Gregor.
Second Session (1839)-Council, George Wilson ; Representatives, A. McGregor and Ira B. Brunson.
Third Session (1839-40)-Council, Joseph Brisbois; Representatives, Messrs. McGregor and Brunson.
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HISTORY OF SAUK COUNTY.
Fourth (extra) Session, 1840-Council, Charles J. Learned ; Representatives, Messrs. Mc- Gregor and Brunson.
First Session, Third Legislative Assembly. 1840-41-Council, C. J. Learned ; Represent- atives, Alfred Brunson and Joseph R. Brown.
Second Session, 1841-42 [Dane, Dodge, Green, Jefferson and Sauk]-Council, Ebenezer Brigham ; Representatives, Lucius I. Barber and James Sutherland.
First Session, Fourth Legislative Assembly, 1842-43-Council, Lucius I. Barber ; Repre- sentatives, Isaac H. Palmer, Lyman Crossman and Robert Masters.
Second Session, 1843-44-Same as previous session.
Third Session, 1845-Council, John Catlin ; Representatives, Charles S. Bristol, Noah Phelps and George H. Slaughter.
Fourth Session, 1846-Council, John Catlin ; Representatives, Mark R. Clapp, William M. Dennis and Noah Phelps.
First Session, Fifth Legislative Assembly, 1847 [Dane, Green and Sauk ]-Council, Alex- ander L. Collins ; Representatives, Charles Lum, W. A. Wheeler and John W. Stewart.
Second Session, 1848-Council, A. L. Collins ; Representatives, E. T. Gardner, John W. Stewart and Alexander Botkin.
CONSTITUTIONAL CONVENTIONS.
The first Constitutional Convention assembled at Madison October 5, 1846, and adjourned December 16, having framed a constitution, which was submitted to a vote of the people on the . first Tuesday in April, 1847, and the same was rejected. Sauk County was represented in the convention by W. H. Clark.
The second convention met also at Madison December 15, 1847, and adjourned February 1, 1848, having framed a constitution which was ratified by the people in March following. It does not appear of record that Sauk County was represented in the second convention.
STATE GOVERNMENT.
The First Session of the State Legislature convened at Madison June 5, 1848, and adjourned August 21. Sauk County, together with Columbia, Marquette and Portage, was represented in the Senate by Henry Merrell, of Fort Winnebago, who was chosen for two years. These counties comprised the Second Senatorial District. Delando Pratt represented the county in the Assembly.
Second Session, 1849-Assembly, Cyrus Leland, of Sauk City.
Third Session, 1850-Senate, G. De G. Moore, Prairie du Sac; Assembly, Caleb Cros- well, Baraboo.
Fourth Session, 1851-Assembly, Nathaniel Perkins, Sauk City.
Fifth Session, 1852-Senate, James S. Alban, Plover ; Assembly, Jonathan W. Fyffe, Prairie du Sac.
Sixth Session, 1853-Senate (Twenty-third District created), David 'S. Vittum, Baraboo ; Assembly (Adams and Sauk), Charles Armstrong, Baraboo.
Seventh Session, 1854-Assembly, Cyrus C. Remington, Baraboo.
Eighth Session, 1855-Senate, Edwin B. Kelsey, Montello; Assembly, R. H. Davis, Bar- aboo.
Ninth Session, 1856-Assembly, D. K. Noyes, Baraboo.
Tenth Session, 1857-Senate ( Ninth District), J. T. Kingston, Necedah; Assembly (Adams County detached and Sauk divided into two districts), James G. Train, Merrimack, and Abram West, Reedsburg.
Eleventh Session, 1858-Assembly, S. H. Bassinger, Prairie du Sac, and Samuel North- rup, Dellona.
Twelfth Session, 1859-Senate, H. W. Curtis, Delton ; Assembly, Nelson Wheeler, Bar- aboo, and E. O. Rudd, Reedsburg.
Cele Meninglin
( DECEASED ) BARABOO.
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HISTORY OF SAUK COUNTY.
Thirteenth Session, 1860-Assembly, Ephraim W. Young, Prairie du Sac, and Edward Sumner, Baraboo.
Fourteenth Session, 1861-Senate, John T. Kingston, Necedah ; Assembly, John Bear, Franklin, and Marsena Temple, Newport.
Fifteenth Session, 1862-Assembly, J. S. Tripp, Sauk City, and A. W: Starks, Baraboo. Sixteenth Session, 1863-Senate (Fourteenth District), S. S. Wilkinson, Prairie du Sac ; Assembly, Alonzo Wilcox, Spring Green, and A. W. Starks, Baraboo.
Seventeenth Session, 1864-Assembly, same as in the previous session.
Eighteenth Session, 1865-Senate, S. S. Wilson, re-elected ; Assembly, William Palmer, Logansville, and A. W. Starks, Baraboo.
Nineteenth Session, 1866-Senate, A. W. Starks, Baraboo ; Assembly, William Palmer, Logansville, and R. M. Strong, Reedsburg.
Twentieth Session, 1867-Assembly, James I. Waterbury, Prairie du Sac, and Stephen S. Barlow, Delton.
Twenty-first Session, 1868-Senate, S. S. Barlow, Delton ; Assembly, J. I. Waterbury, Prairie du Sac, and John Gillespie, Dellona.
Twenty-second Session, 1869-Assembly, Carl C. Kuntz, Black Hawk, and John Gillespie, Dellona.
Twenty-third Session, 1870-Senate, B. U. Strong, Spring Green; Assembly, C. C. Kuntz, Black Hawk, and George C. Swain, Kilbourn City (?).
Twenty-fourth Session, 1871-Assembly, saine as previous session ..
Twenty-fifth Session, 1872-Senate, John B. Quimby, Sauk City ; Assembly, William W. Perry, Prairie du Sac, and George C. Swain.
Twenty-sixth Session, 1873-Assembly, John Young, Black Hawk, and John Kellogg, Reedsburg.
Twenty-seventh Session, 1874-Senate, John B. Quimby, re-elected ; Assembly, Carl C. Kuntz, Black Hawk, and David E. Welch, Baraboo.
Twenty-eight Session, 1875-Assembly, Thomas Baker, Prairie du Sac, and E. D. Welch. Twenty-ninth Session, 1876-Senate, David E. Welch, Baraboo; Assembly, David B. Hurlburt, Logansville, and Silas J. Seymour, Reedsburg.
Thirtieth Session, 1877 --- Assembly, same as previous session.
Thirty-first Session, 1878-Senate, David E. Welch, re-elected ; Assembly, A. P. Ellin- wood, Reedsburg, and D. B. Hurlburt.
Thirty-second Session, 1879-Assembly, Ulrich Hemmi, Black Hawk, and A. P. Ellin- wood.
Thirty-third Session, 1880-Senate, E. E. Woodman, Baraboo; Assembly, Ephraim Blakeslee and Thomas Gillespie.
If previous Republican majorities in Sauk County indicate anything, the thirty-fourth session will witness the attendance of the same gentlemen from this county who took part in the Thirty-third Assembly.
CONGRESSIONAL REPRESENTATIONS.
The act of Congress, approved April 20, 1836, organizing the Territory of Wisconsin, con- ferred 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 Ter- ritory was represented by the following delegates : George W. Jones, elected October 10, 1836 : James Duane Doty, September 10, 1838; James Duane Doty, August 5, 1840* ; Henry Dodge, September 27, 1841; Henry Dodge, September 25, 1843; Morgan L. Martin, September 22, 1845, and John H. Tweedy, September 6, 1847.
By the Constitution adopted when the Territory became a State, in 1848, two represent- atives in Congress were provided for by dividing the State into two Congressional Districts,
* Doty afterward resigned, he having been appointed Governor of the Territory by President Tyler, September 13, 1841.
C
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HISTORY OF SAUK COUNTY.
the First District being composed of the counties of Milwaukee, Waukesha, Jefferson, Racine, Walworth, Rock and Green ; the Second District, of Washington, Sheboygan, Manitowoc, Cal- umet, Brown, Winnebago, Fond du Lac, Marquette, Sauk, Portage, Columbia, Dodge, Dane, Iowa, La Fayette, Grant, Richland, Crawford, Chippewa, St. Croix and La Pointe. Under this authority, an election was held May 8, 1848, and William Pitt Lynde was elected member of Congress from the First District ; Mason C. Darling, of Fond du Lac, for the Second Dis- trict. The people, therefore, then residing within the limits of Columbia County, were repre- sented in the Thirtieth Congress by Dr. Mason C. Darling.
At the first session of the State Legislature, which continued from June 5 to August 21, 1848, the State was divided into three Congressional Districts, Sauk County falling in the second. This appointment continued unchanged until 1861. The district was represented during that period as follows : Thirty-first Congress, 1849-51, Orsamus Cole ; Thirty-second, 1851-53. Ben C. Eastman ; Thirty-third, 1853-1855, Ben C. Eastman ; Thirty-fourth, 1855- 57, Cadwallader C. Washburn ; Thirty-fifth, 1857-1859, Cadwallader C. Washburn ; Thirty- sixth, 1859-1861, Cadwallader C. Washburn ; Thirty-seventh, 1861-63, Luther Hanchett .*
At the Fourteenth Session of the Legislature of Wisconsin, continuing from January 9 to May 27, 1861, the State was divided into six Congressional Districts, Sauk County falling to the Third. Under this appointment the district was represented as follows : Thirty-eighth Congress, 1863-65, Amasa Cobb. Mr. Cobb was thrice re-elected, and was succeeded by J. Allen Barber, who served until 1873.
The present Congressional apportionment was made at the twenty-fifth session of the Legis- lature of Wisconsin, continuing from January 10 to March 27, 1872, when the State was divided into eight districts, Sauk County again falling into the Second District, composed of the Counties of Jefferson, Dane, Sauk and Columbia. In the Forty-third Congress, 1873-75, the district was represented by Gerry W. Hazleton ; in the Forty-fourth, 1875-77, by Lucien B. Caswell ; in the Forty fifth, 1877-79, by Lucien B. Caswell ; in the Forty-sixth, 1879-81, by Lucien B. Caswell.
TERRITORIAL DISTRICT COURT AND STATE CIRCUIT COURT.
Until 1823, all that part of the Territory of Michigan now forming the State of Wisconsin had no separate courts, except County Courts of very limited civil and criminal jurisdiction, and Justices' Courts. All important civil cases and all criminal cases, except for petty offenses, were tried by the Supreme Court at Detroit .. Here the judicial power was vested in three judges ap- pointed by Congress, originally to hold the office during good behavior, but subsequently limited to four years. In January, 1823, an act of Congress provided for the appointment of an addi- tional Judge for the counties of Brown, Crawford and Michilimackinac. That court had con- current civil and criminal jurisdiction with the Supreme Court of the Territory. The law pro- vided for holding one term of court in each year, in each of the counties named in the act. Hon. James D. Doty was appointed Judge of this court at its organization, and held the office until May, 1832, when he was succeeded by the Hon. David Irvin. This court continued as organized until 1836, when it was abrogated by the organization of the Territory of Wisconsin, what is now Sauk County being then a part of Crawford County ; it consequently came under the jurisdiction of Judges Doty and Irvin.
The terms of the District Court for the counties of Michilimackinac, Brown and Crawford, which was established by the act of 1823, were held once in each year in each of those counties, at Mackinac in July, at Green Bay in June, and at Prairie du Chien in May. Although Judge Doty had received his appointment in 1823, yet he did not arrive in the district until midsum- mer, and no regular term of the court was held that year. In October, 1824, he appointed and held a special term for the trial of criminal cases at Green Bay. At this term the first grand jury was impaneled in Brown County, and the Hon. Henry S. Baird, who was the pioneer law- yer of Wisconsin, was appointed District Attorney. A large amount of criminal business was
* Died November 21, 1862; Walter D. McIndoe chosen to fill vacancy.
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HISTORY OF SAUK COUNTY.
brought before the grand jury. Forty-five indictments were found and presented to the court, one for murder, on which there was a conviction, some for assault and battery, larceny, selling spirituous liquors to the Indians, and last, but not least, twenty-eight cases for illicit cohabitation. The large number of the latter arose from the reprehensible practice adopted by the traders and French inhabitants of taking Indian women as wives, according to the custom of the natives. Those cases were generally disposed of by the defendants being brought into court on a warrant. Most of them pleaded guilty, when the court suspended sentence until the close of the term, with the intimation that all who presented the court, in the interim, certificates of legal mar- riage, would be let off by paying a nominal fine, which fine was afterward fixed at $1 and costs. Some of the delinquents refused to marry, and were fined $50.
In 1825-28, Judge Doty and H. S. Baird, Esq., traveled from Green Bay to Prairie du Chien in a bark canoe, by way of the Fox and Wisconsin Rivers, with a crew of Canadians and Indians, the time required for the journey being from seven to nine days. In May, 1829, Judge Doty, M. L. Martin, Esq., and H. S. Baird, Esq., made the trip from Green Bay to Prairie du Chien on horseback, accompanied by a Menomonee Indian guide. They were the first white men to attempt and accomplish the land journey from Green Bay to the Mississippi.
After the organization of Iowa County in 1830, the county of Crawford was attached to Iowa County for judicial purposes, and remained so until Wisconsin Territory was organized in 1836, the term of court that had theretofore been held at Prairie du Chien being thereafter held at Mineral Point.
When the Territory was organized in 1836, it embraced the present States of Wis- consin, Iowa and Minnesota and a part of the Territory of Dakota. The judicial power of the Territory was vested in a Supreme Court, District Courts, Probate Courts and Justices of the Peace. The Territory was divided into three judicial districts, and Justices Charles Dunn, David Irvin and William C. Frazer, composing the Supreme Court by Presidential appointment, were assigned to the districts; Chief Justice Dunn to the First District, composed of the counties of Iowa and Crawford (to which latter county Sauk County then belonged); Justice Irvin to the Second District, Dubuque and Des Moines Counties ; and Justice Frazer to the Third Dis- trict, Milwaukee and Brown Counties.
The Territory of Iowa having been organized July 4, 1838, embracing that portion of Wis- consin west of the Mississippi River, the Legislative Assembly of Wisconsin, at its session in 1839, made a new division of this territory into judicial districts ; the counties of Iowa, Grant and Crawford, constituting the First District, to which Chief Justice Dunn was assigned ; the counties of Dane (to which Sauk had but recently been attached for judicial purposes), Jefferson, Rock, Walworth and Green, constituting the Second District, to which Judge Irvin was assigned ; and the counties of Brown, Milwaukee and Racine, constituting the Third District, to which Judge Miller, the successor of Judge Frazer, upon the death of the latter, was assigned.
Upon the admission of Wisconsin as a State in the Union, it was divided into five judicial circuits, Sauk County, together with the counties of Washington, Dodge, Columbia, Marquette and Portage, being in the Third Circuit. At an election on the first Monday in August, 1844, Charles H. Larrabee was chosen Judge of the Third Judicial Circuit, his term expiring Decem- ber 31, 1854. At the previous April election, in 1854, he had been re-elected for a full term of six years, commencing January 1, 1855, and to end at the close of the year 1859; but, Sauk County having been taken from the Third Circuit in April, 1855, and attached to the Ninth, it came into the jurisdiction of Judge Alexander L. Collins. In the meantime, in accordance with a constitutional provision, Circuit Judges had been relieved of the duties devolving upon Supreme Justices, or, in other words, the Supreme Court had became an entirely separate tribunal, presided over by Justices especially chosen for that purpose.
On the 5th of September, 1858, Judge Collins resigned as Judge of the Third Circuit, and Luther S. Dixon was appointed in his place until a successor was elected and qualified. Before the next April election, however, Judge Dixon resigned, having been elevated to the Supreme Bench, and Harlow S. Orton was elected Judge of the Ninth Circuit to fill out the full term for
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HISTORY OF SAUK COUNTY.
which Judge Collins had been elected, which expired December 31, 1860. On the 3d of April, 1860, Judge Orton was elected for a full term of six years, but he resigned January 28, 1865, when Alva Stewart was appointed to hold until the next April election. In April, 1865, Judge Stewart was elected to fill out the full term of Judge Orton, which he did, and in April, 1866, he was again elected, but this time for a full term of six years, which began January 1, 1867, and ended at the close of the year 1872. - In April of this year, he was re-elected for a second term. However, on the 2d of April, 1877, upon the increase of the Ninth Circuit by the addition of Juneau, Adams and Marquette Counties, Judge Stewart resigned, but was appointed on the 5th of the same month as his own successor to fill out his full term. In April, 1878, he was re- elected for another full term, which will close December 31, 1884.
COUNTY JUDGES.
On the 11th of March, 1844, the qualified electors of Sauk Prairie Precinct, which then embraced, together with other territory, all that now contained in Sauk County (then belonging to Dane County, for judicial purposes), came together and cast their ballots for a complete set of county officers, including Probate Judge. This office Prescott Brigham* was chosen to fill. In the fall (September 23) of the same year, the county having been organized and another election precinct (Baraboo) created, a second election took place in pursuance of the provis- ions of the organic act. Lorrin Cowles,* father of Dr. Charles Cowles, of Baraboo, was elected to the office of Probate Judge. It is the belief of an old settler that Judge Cowles' successor was George Cargel. Maj. W. H. Clark* was then elected to the office, and, at the expiration of his term, he was succeeded in 1849 by James M. Clark, who was re-elected. Judge Clark resigned before his second term of office expired, and R. G. Camp* was appointed to fill the vacancy. E. G. Wheeler was chosen to the position in 1853, and served till 1857, when S. S. Barlow was elected as his successor. John B. Quimby succeeded to the office in 1861, and, being re-elected in 1865, retired in favor of C. C. Remington in 1869. Judge Reming- ton resigned the position in 1872, and John Barker was appointed by the Governor to fill the vacancy. James W. Lusk was elected in 1873, and Giles Stevens, the present incumbent, in 1877.
In the early history of " Old Sauk," County Judges (by which title these dignitaries are now most generally known) had jurisdiction, as now, over probate matters only. Early in the fifties, an act was passed by the Legislature giving them jurisdiction also over civil cases. This law was subsequently repealed.
The " oldest inhabitant " recalls some pleasant memories of the individuals who have served the people of Sauk County in this capacity. He recalls their characteristics, their manner and their dignified bearing. Judge Cowles (who is entitled to the distinction of having been the first County Judge in Sauk County, after its organization), he remembers as a sturdy, honest old farmer, and likewise Judge Cargel ; both fully competent to handle the affairs of the office at that date. Maj. Clark was a native of Madison County, N. Y. A graduate of Hamilton College, he was a fine scholar and an able lawyer. On account of his skill in his profession and his ability in the Legislature (he having been a member of one of the Territorial Legisla- tures), he came to be known as the " Lion of Sauk." An amusing incident is related concern- ing the Judge, who, being engaged in the prosecution of a case of theft, in which the prisoner was charged with having stolen a light wagon, replied to the Latin phrase, falsus in uno, falsus in omnibust, used by counsel for defense, by saying, sotto voce, " Yes, a man that will lie about a one-horse wagon will lie about an omnibus."
Judge James M. Clark was a graduate of an eastern law school. He was a sociable gen- tleman, thoroughly competent. He went from here to Tennessee, and later removed to Greeley, Colo., where he now lives. Judge Wheeler, now of Sioux Falls, Dak., bore his honors easy and had the confidence of the people. His successor, Judge Barlow, made a good Judge.
* Dead.
+ False in one, false in all.
HISTORY OF SAUK COUNTY. 349
He has also distinguished himself as District Attorney, member of the Assembly several terms, and Attorney General of the State. Judge Remington was a man of strong convictions, and, like most men of mark, had some enemies. Judge Lusk holds a high position among the leading barristers of the State as a gentleman endowed with superior legal attainments. He filled the office of County Judge with credit both to himself and to the people. Judge Stevens, the present amiable incumbent of the office, is well read in his profession, has a clear legal mind, and is regarded as a correct and conscientious official.
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