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 9

Author: Western historical company, Chicago, pub
Publication date: 1880
Publisher: Chicago, Western historical company
Number of Pages: 840

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 9

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HISTORY 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 Kuehn, 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 vs. 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 vs. Barstow," the first and only " war of succession " ever indulged in by Wisconsin.

The legislature, on the thirty-first of March, adjourned over to the third of September, to dispose of a congressional land grant to the State. Upon re-assembling, an important measure was taken up-that of a new apportionment for the legislature. It was determined to increase the

HISTORY OF WISCONSIN.

number of members from one hundred and seven to one hundred and twenty-seven. The session closed on the thirteenth of October. The general election for members to the thirty-fifth congress, held in November, resulted in the choice of John H. Potter, from the first district ; C. C. Washburn from the second ; and Charles Billinghurst, from the third district. They were all elected as republicans. The presidential canvass of this year was an exciting one in the State. The republicans were successful. Electors of that party cast their five votes for Fremont and Dayton.

The year 1856 was not an unprosperous one, agriculturally speaking, although in some respects decidedly unfavorable. In many districts the earlier part of the season was exceedingly dry, which materially diminished the wheat crop. Other industrial interests were every where in a flourishing condition.

The legislature commenced its tenth regular session at Madison, on the fourteenth day of January, 1857, with a republican majority in both houses. Wyman Spooner was elected speaker of the assembly. For the first time since the admission of the State into the Union, a majority of the members of both houses, together with the governor, were opposed to the democratic party. On the twenty-third the senate and assembly met in joint convention, for the purpose of electing a United States senator in place of Henry Dodge, whose term of office would expire on the fourth of March next ensuing. James R. Doolittle, republican, was the successful candidate for that office, for a full term of six years, from the fourth of March, 1857. The legislature adjourned on the ninth of March, 1857. At the Spring election, Judge Whiton was re-elected chief justice of the supreme court for a term of six years.

The second reformatory State institution established in Wisconsin, was, by an act of the legislature, approved March 7, 1857, denominated a House of Refuge for Juvenile Delinquents, afterward called the State Reform School, now known as the Wisconsin Industrial School for Boys, and is located at Waukesha, the county seat of Waukesha county. The courts and several magistrates in any county in Wisconsin may, in their discretion, sentence to this school any male child between the ages of ten and sixteen years, convicted of vagrancy, petit larceny, or any misdemeanor; also of any offense which would otherwise be punishable by imprisonment in the State prison ; or, of incorrigible or vicious conduct in certain cases. The term of commit- ment must be to the age of twenty-one years.

At the State election held in November of this year, the republicans elected A. W. Randall governor ; S. D. Hastings, State treasurer, and Edward M. McGraw, State prison commis- sioner. The democrats elected E. D. Campbell, lieutenant governor ; D. W. Jones, secretary of State ; Gabriel Bouck, attorney general ; L. C. Draper, superintendent of public instruc- tion, and J. C. Squires, bank comptroller.

The year 1857 was a disastrous one to Wisconsin, as well as to the whole country, in a finan- cial point of view. Early in the Fall a monetary panic swept over the land. A number of prominent operators in the leading industrial pursuits were obliged to succumb. Agriculturally the year was a fair one for the State.

SIXTH ADMINISTRATION .- ALEXANDER W. RANDALL, GOVERNOR-1858-1859.

Randall's administration began on the fourth day of January, 1858, when for the first time he was inaugurated governor of the State. On the eleventh of January the legislature commenced its eleventh regular session, with a republican majority in both houses. Frederick S. Lovell was elected speaker of the assembly. The legislature adjourned sine die on the seventeenth of March, after an unusually long session of one hundred and twenty-five days. " That a large majority of the members were men of integrity, and disposed for the public weal, can not

WISCONSIN AS A STATE.

be doubted ; but they were nearly all new members, and without former legislative experience. They set out to accomplish a great good, by holding up to public scorn and execration the whole- sale briberies and iniquities of the immediate past ; but they lacked concentration of effort, and. for want of union and preconcerted action, they failed to achieve the great triumph they sought, by providing a 'sovereign remedy ' for the evils they exposed."

At the regular session of the legislature of 1856, an act was passed for a general revision of the laws of the State. Under this, and a subsequent act of the adjourned session of that year, three commissioners-David Taylor, Samuel J. Todd, and F. S. Lovell-were appointed "to collect, compile and digest the general laws " of Wisconsin. Their report was submitted to the legislature of 1858, and acted upon at a late day of the session. The laws revised, which received the sanction of the legislature, were published in one volume, and constitute what is know as the Revised Statutes of 1858.

At the Fall election, John F. Potter from the first district, and C. C. Washburn from the second district, both republicans, were elected to the thirty-sixth congress; while C. H. Larrabee, democrat, was elected to represent the third district.

The twelfth regular session of the Wisconsin legislature commenced on the twelfth of January, 1859, with a republican majority in both houses. William P. Lyon was elected speaker of the assembly. The legislature adjourned sine die on the twenty-first of March, 1859, after a session of sixty-nine days. At the regular spring election, Byron Paine was chosen associate justice of the supreme court, for a full term of six years, as the successor of Associate Justice Smith. As it was a question when the term of the latter ended - whether on the 31st day of May, 1859, or on the first Monday in January, 1860-he went through with the formality of resigning his office, and the governor of appointing Paine as his successor, on the 20th of June, 1859. On the twelfth of April, 1859, Edward V. Whiton, chief justice of the supreme court, died at his residence in Janesville. The office was filled by executive appointment on the 19th of the same month-the successor of Judge Whiton being Luther S. Dixon. Late in the Sum- mer both political parties put into the field a full state ticket. The republicans were successful -electing for governor, Alexander W. Randall; for lieutenant governor, B. G. Noble; for secretary of state, L. P. Harvey ; for state treasurer, S. D. Hastings, for attorney general, James H. Howe; for bank comptroller, G. Van Steenwyck ; for superintendent of public instruction, J. L. Pickard ; for state prison commissioner, H. C. Heg.

SEVENTH ADMINISTRATION .- ALEXANDER W. RANDALL, GOVERNOR (SECOND TERM), 1860-1861.

Alexander W. Randall was inaugurated the second time as governor of Wisconsin, on Monday, January 2, 1860. One week subsequent, the thirteenth regular session of the legis- lature commenced at Madison. For the first time the republicans had control, not only of all the State offices, but also of both branches of the legislature. William P. Lyon was elected speaker of the assembly. A new assessment law was among the most important of the acts passed at this session. The legislature adjourned on the second of April. At the spring elec- tion, Luther S. Dixon, as an independent candidate, was elected chief justice of the supreme court for the unexpired term of the late Chief Justice Whiton. In the presidential election which followed, republican electors were chosen - casting their five votes, in the electoral college, for Lincoln and Hamlin. At the same election, John F. Potter, from the first district; Luther Hanchett, from the second, and A. Scott Sloan, from the third district, were elected members of the thirty-seventh congress. Hanchett died on the twenty-fourth of November, 1862, when, on the twentieth of December following, W. D. McIndoe was elected to fill the vacancy. All these congressional representatives were republicans. Wisconsin, in 1860, was a strong repub-

HISTORY OF WISCONSIN.

lican State. According to the census of this year, it had a population of over seven hundred and seventy-seven thousand.

On the ninth of January, 1861, the fourteenth regular session of the State legislature com- menced at Madison. Both branches were republican. Amasa Cobb was elected speaker of the assembly. On the tenth, both houses met in joint convention to hear the governor read his annual message. It was a remarkable document. Besides giving an excellent synopsis of the operations of the State government for 1860, the governor entered largely into a discussion of the question of secession and disunion, as then proposed by some of the southern states of the Union. These are his closing words :

" The right of a State to secede from the Union can never be admitted. The National Government can not treat with a State while it is in the Union, and particularly while it stands in an attitude hostile to the Union. So long as any State assumes a position foreign, inde- pendent and hostile to the government, there can be no reconciliation. The government of the United States can not treat with one of its own States as a foreign power. The constitutional laws extend over every Stat? alike. They are to be enforced in every State alike. A State can not come into the Union as it pleases, and go out when it pleases. Once in, it must stay until the Union is destroyed. There is no coercion of a State. But where a faction of a people arrays itself, not against one act, but against all laws, and against all government, there is but one answer to be made: 'The Government must be sustained ; the laws shall be enforced !'"

On the twenty-third of January the legislature met in joint convention to elect a United States senator to fill the place of Charles Durkee, whose term of office would expire on the fourth of March next ensuing. The successful candidate was Timothy O. Howe, republican, who was elected for a full term of six years from the 4th of March, 1861. One of the important acts passed at this session of the legislature apportioned the State into senate and assembly districts, by which the whole number of members in both houses was increased from one hun- dred and twenty-seven to one hundred and thirty-three. Another act apportioned the State into six congressional districts instead of three. By this - the third congressional apportionment - each district was to elect one representative. The first district was composed of the counties of Milwaukee, Waukesha, Walworth, Racine, and Kenosha ; the second, of the counties of Rock, Jefferson, Dane, and Columbia; the third, of Green, La Fayette, Iowa, Grant, Crawford, Rich- land, and Sauk; the fourth, of Ozaukee, Washington, Dodge, Fond du Lac, and Sheboygan; the fifth, Manitowoc, Calumet, Winnebago, Green Lake, Marquette, Waushara, Waupaca, Outa- gamie, Brown, Kewaunee, Door, Oconto, and Shawano; and the sixth, of the counties of Bad Axe, La Crosse, M nroe, Juneau, Adams, Portage, Wood, Jackson, Trempealeau, Buffalo, Pepin, Pierce, St. Croix, Dunn, Eau Claire, Clark, Marathon, Chippewa, Dallas, Polk, Burnett, Douglas, La Pointe, and Ashland. The legislature adjourned on the seventeenth of April, 1861.

At the spring elections of this year, Orsamus Cole was re-elected as associate justice of the supreme court. On the ninth of May following, Governor Randall issued a proclamation convening the legislature in extra session on the fifteenth of the same month. "The extraordinary condition of the country," said he, " growing out of the rebellion against the government of the United States, makes it necessary that the legislature of this State be convened in special session, to provide more completely for making the power of the State useful to the government and to other loyal States." The fifteenth or extra session began on the fifteenth of May, as designated in the governor's proclamation. The message of the governor was devoted entirely to the war. " At the close of the last annual session of the legislature," said he, " to meet a sudden emer- gency, an act was passed authorizing me to respond to the call of the president of the United States, ' for aid in maintaining the Union and the supremacy of the laws, or to suppress rebellion

WISCONSIN AS A STATE.

or insurrection, or to repel invasion within the United States,' and I was authorized, and it was made my duty, to take such measures as, in my judgment, should provide in the speediest and most efficient manner for responding to such call: and to this end I was authorized to accept the services of volunteers for active service, to be enrolled in companies of not less than seventy-five men each, rank and file, and in regiments of ten companies each. I was also authorized to provide for uniforming and equipping such companies as were not provided with uniforms and equipments." " The first call of the president for immediate active service," con- tinued the governor, " was for one regiment of men. My proclamation, issued immediately after the passage of the act of the legislature, was answered within less than ten days, by companies enough, each containing the requisite number of men, to make up at least five regiments instead of one. I then issued another proclamation, announcing the offers that had been made, and advising that thereafter companies might be enrolled to stand as minute men, ready to answer further calls, as they might be made, but without expense to the State, except as they were mustered into service. In less than one month from the date of my first proclamation, at least five thou- sand men, either as individuals or enrolled companies, have offered their services for the war, and all appear anxious for active service in the field." " The time for deliberation," concludes the governor, "must give way to the time for action. The constitution of the United States must be sustained in all its first intent and wholeness. The right of the people of every State to go into every other State and engage in any lawful pursuit, without unlawful interference or molestation; the freedom of speech and of the press; the right of trial by jury; security from unjustifiable seizure of persons or papers, and all constitutional privileges and immunities, must receive new guarantees of safety."

The extra session of the legislature passed, wtih a single exception, no acts except such as appertained to the military exigencies of the times. Both houses adjourned sine die on the twenty-seventh of May, 186t. As the administration of Governor Randall would close with the year, and as he was not a candidate for re-election, there was much interest felt throughout the State as to who his successor should be. Three State tickets were put in nomination : union, republican, and democratic. The republican ticket was successful, electing Louis P. Harvey, governor ; Edward Salomon, lieutenant governor; James T. Lewis, secretary of state; S. D. Hastings, state treasurer; James H. Howe, attorney general ; W. H. Ramsey, bank comp- troller; J. L. Pickard, superintendent of public instruction ; and A. P. Hodges, state prison commissioner.

THE WAR OF SECESSION - LAST YEAR OF RANDALL'S ADMINISTRATION.

When Wisconsin was first called upon to aid the General Government in its efforts to sustain itself against the designs of the secession conspirators, the commercial affairs of the State were embarrassed to a considerable degree by the depreciation of the currency. The designs of the secessionists were so far developed at the ending of the year 1860 as to show that resistance to the national authority had been fully determined on. It is not a matter of wonder, then, that Governor Randall in his message to the legislature, early in January, 1861, should have set forth the dangers which threatened the Union, or should have denied the right of a State to secede from it. "Secession," said he, "is revolution ; revolution is war ; war against the government of the United States is treason." " It is time," he continued, "now, to know whether we have any government, and if so; whether it has any strength. Is our written constitution more than a sheet of parchment ? The nation must be lost or preserved by its own strength. Its strength is in the patriotism of the people. It is time now that politicians became patriots; that men show their love of country by every sacrifice, but that of principle, and by

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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 9

Author: Western historical company, Chicago, pub Publication date: 1880 Publisher: Chicago, Western historical company Number of Pages: 840

Author: Western historical company, Chicago, pub
Publication date: 1880
Publisher: Chicago, Western historical company
Number of Pages: 840