TERRITORIAL LEGISLATION'IN WISCONSIN.
ANNUAL ADDRESS
BEFORE THE
STATE HISTO1ICAL SOCIETY
OF WISCONSIN,
Thursday Eveniing, February 4th, 1870,
BY  HON. MOSES M. STRONG.
PUBLISHED BY ORDER OF THE LEGISLATURE.
MADISON, WIS.
ATWOOD & CULVER, BOOK AND JOB PRINTERS, JOURNAL BLOCK,
1870.








JUDGE ORTON'S INTRODUCTORY REMiARKS.
Hon. HARLOW S. ORToN, one of the Vice-Presidents of
the Society, arose and said:
You will please indulge me, for a few moments, before
listening to the annual address, in making a brief statement in
relation to the origin, progress and present condition of our
State Historical Society.
Twenty.one years ago this Society was first organized, and for
the first five years, did little else than to keep up the formality of an annual meeting; and, at the time of its re-organization, in January, 1854, it had, all told, but fifty volumes,
bound and unbound, in its collection. Since that time, it has
received the fostering care of the State, and the constant and
unremitting labors of Mr. DRAPER, its Corresponding Secretary, and has made for itself, and for the State, to which it
belongs, and whose organ it is, a name and reputation which
elicited from the late distinguished American historiau JARED
SPARKS, this high eulogium: "During the time since the State
Historical Sociery of Wisconsin was founded, it seems to have
done more than any similar Society in the country, and has set
an example of enterprise and activity which any Society in the
world may be proud to follow."  From the fifty volumes, sixteen years ago, the library has rapidly expanded to over
42,000 volumes and documents, embracing in the several
departments of its collection, some of the rarest and most
valuable works in our own and other languages, some of which
it would be difficult, if not impossible, to duplicate anywhere.
But the mere gathering of a noble library, which is, of itself,
a living evidence and perpetual record of the cultivated taste




4
and unflagging devotion of our people in fostering such a collection, is not the only object of great public utility accomplished by this Society. It has gathered, with untiring energy,
the early incidents connected with the foundation and growth
of Wisconsin —many of its most interesting historical details
of a century and a quarter ago, and copies of manuscript docu'
ments of even an earlier date. It has gathered together one
of the largest and most valuable collections of bound newspaper files to be found anywhere in the country, numbering
over fifteen hundred volumes, including papers published by
FRANKLIN  himself, giving the youthful beginnings of the
world-renowned career of the immortal WASHINGTON, and of
the entire period of the Revolutionary war, and covering every
year thence down to the present time.  The mere preservation
of our own Wisconsin files of newspapers is vastly important;
they contain thousands of published legal notices most necessary to be preserved, and frequently indispensable in cases of
litigation before our courts.
The library of this Society, so conveniently situated in the
Canitol, furnishes to our Supreme Court, and its attendant bar,
to our State officers and members of the Legislature, sources
of information found scarcely anywhere else, of inestimable
value and interest.  To this library resort many college professors of our own State, and even adjoining States, to note
down facts they need in elucidating various topics and subjects
of literary and scientifice inquiry; and here is the pleasant and
convenient resort of students of all the educational institutions
of the State, for most profitable reading and reference.
It is a matter of congratulation that this Society has accomplished so much for our State and people, with pecuniary
means so limited. It has been fortunate, perhaps, above any
other Society in this country, in securing a wide and valuable
system of exchanges and correspondence, with nearly all the
countries in Europe, and all the States and kindred Societies
of this country, and donations to it have been numerous and
very important.
This vast and priceless historical treasure has been amassed.




It is the most valuable property belonging to the State, and
that value, increasing from year to year, as time rolls on, obliterating and destroying the scattered materials of our history.
It now needs only care and preservation, a complete arrangement, and a full and perfect catalogue, so as to make the collection available and useful to its greatest extent. To this
end, the Society asks only a small and necessary amount,
which, judiciously applied, will greatly enhance the usefulness
of the library, and enable it to meet the demands of the public
and the State.
Here is a property more valuable than gold, held in perpe
tuity for the use of future generations, and for which they
will look back and bless those who founded and cherished it.
The most pleasing and interesting incident of human life,
and the highest and purest act of disinterested benevolence
and philanthropy, is the sight of an old man, leaning on the
top of his staff, and bending over the grave, gently pushed
forward to his last resting place by the successive generations
of his children and his children's children, who plants a little
tree in the garden of his last earthly habitation, whose fruit
and shelter he himself never expects to enjoy. He trains its
tender stock and nurses its roots with paternal care-and all
for the use and enjoyment of others, after he is gone. With
like sentiments and feelings, should we plant and cherish our
State institutions, which will stand as a monument to our
memory, and of increasing value to posterity.
I have now the pleasure of introducing to you Hon. MOSES
AM. STRONG, of Mineral Point, who will address you on the
subject of " Territorial Legislation in Wisconsin."








MR. STRONG-S ADDRESS.
TERRITORIAL LEGISLATION.
A traveler borne along with the current of a rapidly flowing
river, cannot fully realize the progress which he is making,
while it is apparent to the observer on the shore. And it will
not be expected that those earlier pioneers, who had adopted
Wisconsin as their home while it was yet a part Of Michigan
Territory, who became citizens of Wisconsin Territory by virtue of its organic act of Congress, who were witnesses of its
first struggles as a political community, and have participated
in its progress during its twelve years of Territorial pupilage
and its twenty-one years fruition as a full fledged State of the
Union, can realize the progress which has been continually
made during the thirty-three years which have so rapidly sped,
in which the State of which we are so proud to be called citizens, has grown from eleven thousand to a million of people,
and from a wilderness of waste to a highly cultivated agricultural condition. This unexampled progress is, however, manifest to others, who, although not participating in the toils,
hardships, privations and sometimes sufferings incident to the
first settlement of a new country twenty-five or thirty years
ago, have witnessed with wonder and admiration, the efforts
and the results which are the glory of those who made and
achieved them, and the pride of those who enjoy them. It is
true, also, the scenes and events successively occurring during
the Territorial period of our Government, may now possess
some historic interest to the more modern immigrants to our
State, which were so common-place at the time of their occurrence as to make but little impression upon those immediately




8
connected with them, and to revive the recollection of which,
it is now necessary to refer to the archives of your Society.
Leaving to the antiquarian the subject of Wisconsin history
prior to the formation of the government of the Territory, and
to those who may choose to speak or write of it, the more
modern history of the State of Wisconsin, I shall, on this occasion, limit myself to a simple collation of some of the events
in the history of the legislation of Wisconsin during its twelve
years of Territorial existence.
The act of Congress "establishing the Territorial Government of Wisconsin" was approved April 20, 1836. It provided that all the country included within certain prescribed
boundaries, incluing all the territory now embraced in the
States ot Wisconsin, Iowa and Minnesota, and a part of the
Territory of I)acotah, should form, and after the 3d day of
July, 1836, constitute a separate Territory for the purposes of
temporary government by the name of Wisconsin.
The executive power over the Territory was vested in a
Governor, who was also Superintendent of Indian Affairs, and
whose approval of all laws was necessary before they should
take effect.
The act provided for a Secretary, whose duty it was to record and preserve the laws and proceedings of the Legislative
Assembly, and the acts and proceedings of the Governor, and
who was to execute and perform the powers and duties of
Governor in certain contingencies mentioned in the act.
Trhe legislative power was vested in the Governor and a
Legislative Assembly. The Legislative Assembly consisted
of a council of thirteen members, whose term of service was
four years, and a House of Representatives consisting of
twenty-six members, whose term of service was two years.
It was provided by the organic act that the Governor should
appoint the time and place of the first meeting of the Legislative Assembly; that he should cause a census of the inhabitants to be made previous to the first election, and should
make an apportionment among the several counties for the
election of members of the Council and House of Representatives.




9
The act further provided " that every free white male citizen of the United States above the age of twenty-one years,
who shall have been an inhabitant of the Territory at the time
of its organization, should be entitled to vote at the first
election, and should be eligible to any office within the said
Territory."
The judicial power of the Territory was vested in a Supreme
Court, District Courts, Probate Courts, and Justices of the
Peace. The Supreme Court consisted of a Chief Justice and
two Associate Judges. The Territory was to be divided by
the Legislative Assembly into three judicial districts, in each
one of which a District Court was to be held by one of the
Judges of the Supreme Court.  The clerks of all the courts
were appointed Ly the Judges thereof. The act also provided
for the appointment of an Attorney and Marshal.  The Governor, Secretary, Chief Justice, Associate Judges, Attorney
and Marshal, it was provided, should be appointed by the
President of the United States, by and with the advice and
consent of the Senate. All other officers were appointed by
the Governor and Council, or elected by the people.
Such is a brief synopsis of the principal provisions of the
act organizing the government of the Territory.
The first appointments made by the President and Senate of
the several officers were:
Governor-HENRY DODGE.
Secretary-JOHN S. HORNER.
Chief e$stice-CHARLES DUNN.
Associate Judges-DAVID IRWIN, Wir. C. FRAZER.
Attorney —W. W. CHAPMAN.
liarshal-FRANCIS GEHON.
The machinery of a complete temporary government, and
the instruments for its proper working, were thus provided,
and it only remained to set the machine in motion.
On the fourth of July, the Governor, Secretary and Judges
took the prescribed oath of office* at Mineral Point, which event
*The copy of the Bible used in administering the oath of office on this interesting
occasion, has been presented to our society by lion. JoHN S. HORNER, and is preserved
in our collections.                                 L. at D.




10
contributed a novel and interesting element to a grand celebration of the national jubilee, which was very generally participated in by the inhabitants of the lead mine region, of
which that hamlet was the then recognized metropolis.
The first important thing to be done to complete the formation of the embryo government, was the organization of the
Legislative Assembly.  Preliminary to this a census was to
be taken by the sheriffs, and an apportionment of members of
the two branches made by the Governor among the several
counties.
That portion of the Territory which comprises the present
State consisted of four counties-Brown, Crawford, Iowa and
Milwaukee. Brown county embraced all the territory east of
the Wisconsin river and range eight, and south as far as and
including town twelve.  Milwaukee embraced the territory
between town twelve and the State of Illinois, extending west
to and including range nine.  Iowa county was bounded north
by the Wisconsin river, east by the line between ranges eight
and  nine, south by Illinois, and  west by  the Mississippi river;
and Crawford county embraced all the remainder of the territory  east of the Mississippi.
The census exhibited the following figures:'Brown county............................................                          2, 706
Crawford...........................................................................   850
Iowa...............................................................................    5,34
Milwakee....................................................................... 2, 893
Total................................ 11,688
The apportionment made by the Governor gave to the different counties representation  as follows:
Brown................ 2 members of Council........ 3 of the House of Representatives.
Crawford.......................do....... 2......... do............ do......
Milwaukee........... 2..........do................ 3....... do............do.
Iowa.3..........do6.................. do............ do.
Dubuque........... 3..........do................ 5.........do............ do 
Des BMoines...........  3..........do................ 7.........do........
Total.............13.......... do..................    do.........., do........
The time fixed by the Governor for the election was the
10th of October.  The election excited a very considerable in



11
terest, growing, chiefly out of local considerations. The permanent location of the " seat of government," the division of
counties and the location of county seats, were the questions
that chiefly influenced the elections, while the views of candidates, in relation to national politics, had little or no influence upon the results.
Mr. JOHN ATCHISON, an enterprising citizen of Galena, during the summer and autumn of 1836, having laid out a town
plat between the two Platte Mounds, to which he gave the
name of Belmont, erected there several buildings, designed for
the accommodation of the Legislative Assembly; and the Governor, by his proclamation, appointed that place, and the 25th
of October as the time, for the meeting of the first session of
the Legislative Assembly.
A quorum of each House was in attendance at the time fixed
for the meeting, and the two Houses were speedily organized
by the election of HENRY S. BAIRD, of Green Bay, President
of the Council, and PETER HILL ENGLE, of Dubuque, Speaker
of the House of Representatives. Each of the three branches
of the infant government was now in working order, except
that it remained for the Legislative Assembly to divide the
Territory into judicial districts, and make an assignment of
the judges. This was speedily done.  Crawford and Iowa
constituted the first district, to which the Chief Justice was
assigned; Dubuque and Des Moines the second, to which
Judge IRWIN was assigned, and Judge FRAZER was assigned
to the third, consisting of Milwaukee and Brown counties.
The first act passed by this first Legislative Assembly was
one which privileged the members from arrest, and conferred
upon themselves authority to punish for contempt. The next
one, with the exception of that already referred to, establishing
judicial districts, was "to borrow money to defray the expenses of the first session of the Legislative Assembly."
Three banks were incorporated-the Miners' Bank, of Dubuque, the Bank of Mineral Point, and the Bank of Milwaukee, all of which were organized and went into operation, and
all failed and became utterly bankrupt, and one of them, the




Bank of Mineral Point, with a loss to the commmnity of over
$200,000.
All of the territory south and east of the Wisconsin and
Fox rivers was subdivided into counties, as they now exist,
except that Ozauklee, Waukesha, Kenosha and La Fayette
have been formed out of Washington, Milwaukee~, Racine and
Iowa. In most of the counties the county seats were located
at the same session. These questions, however, did not create
much discussion or excitement in the Legislative Assembly,
as the questions, where any existed, had been mainly decided
at the elections, and the members had only to give effect to
the expressed will of those citizens by whom they had been
elected.
The great and paramount question of the session was the
location of the Seat of Government. To this all others were
subordinate and made subservient, The wild spirit of speculation, which in the earlier part of the year 1836, had, like a
tornado, swept over the whole country, and which, having
invaded and unsettled the prices of every species of personal
property, seized upon the unsold public domain, which was
transferred by millions of acres from the control of the Government and the occupation of the settler, to the doimnion of
the speculator; although on the wane in the last months of
that year, was still omnipotent, and exerted a marked influence upon many of the members of the Belmont Legislature.
Numerous speculators were in attendance with beautiful
maps of prospective cities, whose future greatness was portrayed with all the fervor and eloquence which the excited
imagination of their proprietors could display. Mradison, Belmont, Fond du Lac and Cassville, were the points which
were most prominently urged upon the consideration of the
members. Ilon. JAMES DUANE DOTY, afterwards a Delegate
in Congress, and Governor of the Territory, and more recently
Governor of Utah, where he died, had resided for many years
at Green Bay as additional Judge of Michigan Territory. HIis
frequent journeys in discharge of his judicial duties, in the
different parts of the Territory, had rendered him familiar with




its geography and topography, and had given him  superior
advantages for judging of the eligibility of different points, as
sites for the capitol of the Territory and future State. Judge
DOTY fixed upon the isthmus between the third and fourth of
the Four Lakes, and in connection with STEVENS T. MASON,
the Governor of Michigan Territory, purchased from the G3vernment about one thousand acres in sections 13, 14, 23 and
24, upon the common corner of which the Capitol now stands.
Upon this tract of land a town plat was laid out, called Madison, and under the auspices of its founder became a formidable
competitor for the honors and advantages of being selected as
the seat of Government. Madison town lots in large numbers
were freely distributed among members, their friends, and
others who were supposed to possess influence with them.
Nearly four weeks were spent in skirmishing outside the
Legislative Halls, when, on the 21st of November, the battle
was formably opened in the Council, and the bill considered in
committee of the whole until the 23d when it was reported
back in the form  in which it became a law, fixing upon
Madison as the Seat of Government, and providing that the
sessions of the Legislative Assembly, should be held at Burlington, in Des Moines county, until March 4, 1839, unless
the public buildings at Madison should be sooner completed.
WVhen the bill was reported back by the committee of the
whole, and was under consideration in the Council, where the
ayes and noes could be called, a spirited attack was made
upon it, and motions to strike out Madison and insert some
other place were successively made in favor of Fond du Lac,
Dubuque, Portage, Helena, Milwaukee, Racine, Belmont,
Mineral-Point, Platteville, Green Bay, Cassville, Belleview,
Koshkonlong, Wisconsinapolis, Peru and Wisconsin City; but
all with one uniform result-ayes 6, noes 7; and the bill was
by the same vote ordered engrossed, and the next day passed
the Council. In the House of Representatives the opposition
was not so formidable, and on the 28th, the bill was ordered to a
third reading by a vote of 16 to 10 and passed the same day,
15 to 11-thus ending one of the most exciting struggles ever




14
witnessed in the Territory of Wisconsin.  This question disposed of, but little remained which was thought expedient to
act upon at that session.
A proposition was made for a commission to codify the laws,
but the opinion was prevalent that the Territory would soon
be divided, so that this and other propositions of a kindred
character, met with but little favor.
The first Legislative Assembly having enacted that the
annual sessions should thereafter be held on the first Monday
of November, adjourned sine die, on the 9th day of December,
having been in session 46 days, and passed 42 laws, about onehalf of which were of a private nature.
Of the twenty-one members from the counties east of the
Mississippi, it is believed that only six now survive: Messrs.
H. S. BAIRD, GILBERT KNAPP, ALANSON SWEET and JOHN B.
TERRY, of the Council, and A. G. ELLIS and TnoMAS SHANLEY, of the House of Representatives.
The second session of the Legislative Assembly convened
at Burlington, on Monday, the 6th day of November, 1837,
and continued in session until the 20th of January, 1838, when
it adjourned to meet again on the second Monday of June.
The two houses were composed of the same members as at
the previous session, except that JOSEPH DICKINSON was
elected from Brown county in place of HENRY S. BAIRD, resigned; CHARLES C. SHOLES from same county in place of
ALBERT G. ELLIS, resigned, and IRA BRUNSON and JEAN
BRUNET, from Crawford county, in place of JAMES B. DALLAM
and JAMES H. LocKwooD, resigned. This session of the
Legislative Assembly was not marked by any events of pecuculiar interest. The Governor, in his message, recommended,
as he had at the previous session, a codification of the laws,
but nothing was done in that direction, except to provide, by
resolution, for the printing, as an appendix to the pamphlet
laws of the session, of 125 acts specified by their titles, selected fromn those then in force. The provisions of this resolution,
however, were never complied with.
The whole number of acts passed at this session was 106.




15
Of these, eighteen related to the laying out and organization
of counties, locating county seats, and to town, village and
city organization; ten to the establishment of eighteen different seminaries and universities; nine to the location of roads;
and thirty-six to the general conduct of the public affairs of
the Territory. There was also passed thirty-two private acts,
of which one was to incorporate a Bank at Prairie du Chien,
which was disapproved by Congress and never went into effect;
and six to grant divorces, all of which took effect immediately
after, and some, perhaps, before their passage.
Of the public acts, the two most important were the act providing for talking another census, and the act abolishing imprisonment for debt, which relic of barbarism had continued
in force, by operation of the laws of Michigan, upon the organization of the Territory. Among the eighteen universities
and seminaries established was the "University of the Territory of Wisconsin" at Madison, to which Congress was by joint
resolution urged to make an appropriation of $20,000 in
money, and two townships of land. The money was not appropriated.  But on the 12th of June, 1838, Congress made
an appropriation of the amount of land asked for, which was
the fundamental endowment of that noble University, whose
spacious buildings now adorn the capital of our State, and
whose facilities and capacity for educating its youth reflect
much credit upon those who have manifested so great an interest, and such untiring perseverance in promoting its welfare.
It was at this session that an act was passed "to incorporate
the Milwaukee and Rock River Canal Company," which contained, among other things, an authority to the Company to
apply to Congress for an appropriation in money or lands to
aid in the construction of its works. In pursuance of this
authority application was made, and an appropriation obtained,
in June, 1838, of the odd-numbered sections on a belt of territory five miles in width on each side of the line of the proposed
canal  This grant of land, if it had been judiciously managed,
would have produced a fund adequate for the construction of




a canal connecting Rock River with Lake Michigan, which
would have been followed, no doubt, by slack-water navigation on Rock River, providing a cheap means of transit to
market of the bulky agricultural products of the extensive
and fertile valley of Rock River, and of other parts of the
State, and of Illinois. But instead of the blessing it might
have been, it proved a curse and a blight upon the early prosperity of the Territory, owing mainly to the antagonisms which
grew up between the officers of the Canal Company and the
Territorial officers, entrusted with the disposition of the lands
granted by Congress and of their proceeds, and to the conflicts
between the beneficiaries of the land grant, and some of the
leading politicians of the times.
The session at Burlington, in June, 1838, was a short one,
lasting only two weeks, having been held mainly for the purpose of making a new apportionment of members of the
House of Representatives, based upon the census taken in
May. Thirty-one acts were passed, of which six related to
counties, five to roads, seven to the conduct of public affairs,
and the remaining thirteen to private matters, of which four
were to grant divorces. Among the public acts was one postponing the general election from the first Monday of August,
to the second Monday of September; and another making a
new apportionment of the members of the House of Representatives to be then elected. Of the twenty-six members,
twelve were apportioned among the counties east of the
Mississippi river, and fourteen among those west. This apportionment was, however, to be contingent upon the division of
the Territory; upon which contingency, it was made the duty
of the Governor to make an apportionment. This act was
approved on the 23d of June; and the act to divide the Territory and establish the Territorial government of Iowa, was
approved on the 12th of June, twelve days previous; but in
those days of slow mails, and while the electric telegraph was
an experiment, the news of its passage did not reach Burlington until after the passage of the apportionment act. Having
provided that the next session should be held at Madison, the




17
first Legislative Assembly of Wisconsin  Territory  adjourned
sine die on the 25th of June, 1838.
By the act of Congress to divide the Territory, it was provided that the terms of the members of the Council and House
of Representatives be deemed to have expired, and that a new
election of members should be had upon an apportionment to
be made by the Governor, and that they should meet at Madison at such time as the Governor should appoint.
The population of the Territory in May, 1838, as shown by
the census, was as follows:
Brown   County................................................    3, 048
Cram ford   ".............................................1, 220
Dane ".....................................  172
Dodge      "                                                           18
Green  "...............................................................
Green.....494................................................................
Grant     "..................................................................  2,,
Iockwa.......................................218..........................  480
Jefferson "..468
Milwaukee   ".................................................................  131
Washington..................................................   64
Total........................................................................  18,149
The time fixed by the Governor for the meeting of the Legislative Assembly, under the re-organized Territorial Govern.
ment, was the 26th day of November.
Party lines had not yet been drawn in the Territory, and the
members were elected without reference to, and perhaps without a knowledge of, their views upon national politics. Among
the members elect, were some who have since held distinguished public positions, of whom may be mentioned EDWARD
V. WHITON, NELSON DEWEY, DANIEL WELLS, JR., MORGAN
L. MARTIN, and MARSHALL M. STRONG.
Upon the convening of the Legislative Assembly, it was
found that the capital was in an unfinished state, and so much
dissatisfaction  existed  with  the accommodations-at Madison,
that it was a matter of doubt for two weeks, whether a temporary adjournment to Milwaukee would not be had.  A  committee appointed for the purpose of investigating the extent of
2




18
the accommodations, reported "that at the lMadison House
there was one room that would accommodate six persons, at
the Madison Hotel two rooms that would accommodate four
persons, and at the American Hotel eight rooms, sufficient to
accommodate twenty-six persons. But they could not ascertain
that more than fifty persons could be accommodated with sufficient rooms for the transaction of business."
A resolution to remove the session to some other place
passed one House, and would probably have passed the other,
if there had been any satisfactory evidence that the accommodations at any other place in the Territory were any better.
Under the circumstances, the Legislative Assembly remained
at Madison about four weeks, when they adjourned from the
22d of December to the 21st of January.
During this short session a committee of three members
MrAom each of the two branches was appointed to make a reviseion of the laws; and two other committees, of three members
teach, to investigate the banks in the Territory, which they,were required to visit in person. The duty of serving upon
Ithese committees, was practically a removal of twelve of the:thirty-nine members from the scene of their labors on the,floor of their respective houses, and was the ostensible reason
for the recess.
The attention of the Legislative Assembly had, however
during this short session, been directed to several matters then;considered of great importance.. Among these were:
An investigation of the mode in which the Commissioners of
Public Buildings had discharged their duties.
An investigation of the affairs of the three banks then in,operation at Green Bay, Mineral Point and Milwaukee.
A plan for constructing the Milwaukee and Rock River ca-,nal, in aid of which a grant of land had been made by Congress; and, what was of greater importance than all else,
A revision of the general laws of the Territory.
The investigations furnished no valuable practical results
They showed that the Building Commissioners had misapplied
lthe money a;ppropriated by Congress for the construction of




- v'the capiol, and as a consequence, the old Commissioners were
removed, after they had used up the funds, and new ones appointed, who had none to use.
The investigations of the banks resulted in an official pros
mulgation of the previously well-known insolvency of the
Bank of Wisconsin, at Green Bay, and a white-washing of the
Bank of Mineral Point, declaring it to be "in a solvent and
safe condition," when the experience of a short time demonstrated its utter insolvency.
The opportunity which the recess ftirnished enabled those
who took an immediate interest in the matter to devise a plan
for aiding in the construction of the Milwaukee and Rock
River Canal, by disposing of the land grant, which, upon the
re-assembling of the Legislative Assembly, assumed the form
of a law, that would probably have resulted in completing that
important work, but for the unfortunate difficulties already referred to.
The most important work, however, of that session —or of
the two sessions (for there was a complete re-organization of
-beth Houses upon their re-assembling) —was the revision of the
laws, which was perfected during the recess, and submitted to
the two Houses at their second meeting.
The committee for this purpose consisted of Messrs. MARTIN, MARSHALL M. STRONG, andi COLLINS, of the Council, and
bMessrs.'WHITON, STORY and SHACKELFORD, of the House of
Representatives.  They were required by the resolution to
make a division of the labor of revision, and the portion allotted to each branch of the committee was to be reported to the
House of which they were members. The committee, during
the recess of the Legislative Assembly, prepared, and at the
succeeding session reported, numerous bills, which were passed
by that body, and compose the principal part of the laws contained in the volume of the Revised Statutes published in
1839, and which took effect on the 4th of July of that year.
Hon. EDWARD V. WHITON, the late able and upright Chief
Justice of the State, was entrusted by the Legislative Assembly with the care of the printing and publication of this vol



20
time, and the preparation of marginal notes and index. The
manner in which he discharged these duties was such as
might have been expected, and did great credit to his comprehension of the subject, and to his carefulness and industry.
The volume itself was a most valuable one to all classes, but
especially to the courts and lawyers, during the ten years of
Territorial life in which it was the vade mectm of statutory law.
It was at this session the act was passed to incorporate the
Wisconsin Marine and Fire Insurance Company, which, under
the power to "receive money on deposit, and loan the same,"
filled all the channels for money circulation in the Valley of
the Mississippi, for years, with its certificates of deposit, in the
similitude of, and which supplied the place of, bank notes;
although the charter expressly provided that nothing therein
contained should give the company banking privileges. This
is a striking illustration of the futility of legislative restrictions
upon the exercise of corporate powers, especially when sustained, as that company undoubtedly was, by popular sentiment.
Other questions, of more or less temporary interest, occupied the attention of the Legislative Assembly during its long
and laborious session, which the occasion will not admit of referring to in detail; and it may with truth be said, that as a
whole, no session during the existence of the Territorial governr
ment ever performed more labor, or in a more satisfactory
manner, than the one of which we now take our leave.
The next session commenced on the 2d day of December,
1839. The term for which the members of the House of Representatives were elected was about to expire, and a new apportionment was desirable. The census to be taken the ensuing
June by the United States Marshal, presented a favorable
opportunity of basing the new apportionment upon a fresh
enumeration of the inhabitants. For this purpose a short session was resolved on, and an adjournment to August, when
it was expected the census would be completed; and the two
Houses consequently adjourned on the 13th of January to the
3d of August, 1840, having been in session forty-three days.




21
But little of public interest transpired at this session. Two
subjects occupied most of the attention of the members. One
vas the condition of the capitol, and the conduct of the Commissioners entrusted with the money appropriated by Congress to defray the cost of its construction. The other, the
Milwaukee and Rock river canal, and the claims of settlers
upon the lands granted to aid in its construction.
The history of the early measures taken to secure the erection of a building in which to hold the sessions of the Territorial Legislature, is a history of pecuLlation with the appropriations made for that purpose, as disgraceful to those concerned in it, as it was destructive of the manifest intentions of
Congress. These appropriations amounted to $40,000. The
Commissioners elected in 1836, Messrs. DOTY, O'NEILL and
BIRD, received this large sum of money, and according to the
report of the joint committee, made to the Legislative Assembly on the 3d of January, 1810, they had expended less
than half that sum upon the public buildings. They entered
into a secret partnership with the contractor in merchandize
and other outside speculations, and in the language of the
report, " had done little more.than erect a shell of a Capitol,
which is scarcely capable of sustaining its own weight, and
which, unless it is speedily secured by extensive'repairs,
must become a heap of ruins." All steps were taken which
could be to recover by law from the first board of Commissioners and from  the contractor, the funds which they had
misapplied, and, after several years of litigation, the suits were
settled by authority of a subsequent Legislature.
The grant of land by Congress to aid in the construction of
the Milwaukee and Rock River Canal, was of the odd-numbered sections on a belt of ten miles in width, from Lake
Michigan to Rock River, which amounted to 139,190 acres.
The Commissioners reported to the Legislative Assembly at
this session, that they had sold 43,447. acres at $2.50 per acre,
amounting to $108,616, for which they had received in cash
$12,277, and the remainder was payable in five six, seven and
eight years, with seven per cent interest. There was also re



22
maiing unsold 95,743 acres, the proceeds of which it was estimated might amount to four or five hundred thousand dollars.
The policy which was attempted, but which failed, was to
borrow money on the credit of the lands, and to hold the
lands as a means of paying the loan after the canal should be
constructed.
The act making the grant provided that the alternate sections should not be sold for less than $2.50 per acre, nor be
subject to pre-emption. This was regarded by the settlers upon them as a great hardship, and they presented their complaints to the Legislative Assembly, who memorialized Congress to grant a pre-emption right at $1.25 per acre to all who
had settled on these alternate sections previous to the grant.
The question of the Southern boundary of the future State
of Wisconsin, was one which had occupied the thoughts of
many, who felt an interest in its prosperity, at a period as
early as the " Toledo war," which originated in the same question and grew out of the rights of boundary secured to the
States of Michigan and Wisconsin, by the ordinance of 1787,
which was older than, and was claimed to be paramount to,
the constitution of the United States.  The right of the State
of Wisconsin, when it should be admitted into the Union, to
embrace all of the territory north of a line, running west from
the southern bend of Lake Michigan, was believed to be inviolable, and that the act of Congress admitting Illinois into the
Union, so far as it violated that right, was a usurpation of
power and a nullity.  This belt of territory embraced the entire valley of Rock River and the cities of Chicago and Galena. A joint resolution was passed, taking preliminary measures for ascertaining, by vote, the sentiments of the people upon the disputed territory in relation to which State they preferred to give their allegiance. But the question did not elicit
such interest as to call out a general expression of opinion,
and no practical results were effected.
At the adjourned session in August, 1840, but little business
was transacted, except to make a new apportionment of members of the House of Representatives.  The session lasted but




23
twelve days, and only thirteen acts were passed, generally in
relation to the organization or boundaries of towns or counties,
or the holding of courts, and a few of a private nature.
The census showed a population of 30,744 against 18,149
two years previously. Some changes were made in the apportionment of members of the House of Representatives.
Brown, Iowa and Grant, each lost one member, which the Rock
and Walworth, and the Dane districts gained.
The first session of the third Legislative Assembly commenced
December 7, 1840, and was adjourned on the 19th February,
1841, having continued seventy-five days, thee maximum time
limited by the organic act. The members of the House of
Representatives had been recently elected under a new apportionment, and were all new members with three exceptions.
The extreme length of this session was owing, in a great degree, to a very interesting contested election case between
Messrs. BRUCE and ELLIS, from Brown county, which elicited
very considerable feeling. Each of the contestants had employed counsel, and by resolutions of the Assembly, the attorney for each contestant constituted a joint traveling commission, to take the testimony of all the witnesses which either
party might desire. The commission traveled over the district
embracing Sheboygan, Manitowoc, Oconte, Portage and the
Wisconsin Pinery, and necessarily consumed much time, so
that a final result was not reached until the last of January,
and only nineteen days before the adjournment. The most
important question involved in the contest, was the right of
the Brothertown Indians to vote. The decision was in favor
of the right. which has never since been questioned.
Most of the session was devoted to the ordinary routine of
legislation. There was, however, a departure, in the passage
of two acts granting divorces-a species of legislation which
had been tabooed ever since the Burlington session, and which
was indulged in now, expressly as exceptional.
The Bank of Mineral Point having gone into operation,
with no capital except its charter, and the financial ability of
its cashier, had managed to throw upon the community a cir



24
culation of about $200,000, and was regarded by many with
great distrust. The Governor, in his annual message, directed
the attention of the Legislature to it, and recommended measures to avert the threatened danger. It was of no avail.  A
bill was introduced by Mr. WHITON, designed to protect the
people; but the money power of the bank was omnipotent,
the bill was defeated, and within six months the bank failed
with liabilities to the amount of a quarter of a million of
dollars, none of which have ever been or ever will be redeemed.
The interests of the Milwaukee and Rock River canal of
course demanded attention. The former legislation had authorized the issue of Territorial bonds for $50,000, at six per
cent. interest, and had required them to be sold at par, and the
proceeds deposited in the city of New York. It was found
impossible to negotiate them, and the rate of interest was
increased to seven per cent., and the deposit of the
proceeds authorized in any sound specie-paying bank which
should be selected by the Commissioners and the Governor.
The amount, also, was increased to $100,000.
No material improvement had been made up to the commencement of this session in the conveniences or comforts
which the capitol building presented to the members, and a
large majority were ready to remove the seat of government
to some other place; and nothing but the inability of the majority to agree upon that other place, prevented its removal.
The prospect of obtaining from the old Commissioners any
part of the funds they had received and retained appearing
hopeless, the Legislative Assembly authorized the issue of
$7,000Territorial bonds, for the purpose of completing the
capitol. With this fund as a basis, DANIEL BAXTER undertook the work, and was in a great measure successful; not,
however, without a contingent claim, which at every subsequent session has served to impress upon the members investigating the " Baxter claim," some of the events of Territorial
legislation.
In the interim between this session and the next, Gen. HlAR



25
RISON, the President of the United States, had died, and JOHN
TYLER had been inaugurated as his successor. One of the early
acts of Mr. TYLER was the removal of Gov. DODGE, and the
appointment of Judge DOTY. Most unfortunately for the Territory, Gov. DOTY entertained ideas in relation to the relative
rights and powers of Congress and the Territorial Legislature
which tended, for all useful purposes, to destroy the powers
of the Legislative Assembly. He boldly avowed in his messages and elsewhere, that no law of the Territory was effective,
until expressly approved by Congress; thus giving to Congress
directly the power of legislating for the Territory, while the
organic act provided that "the Legislative power should be
vested in the Governor and Legislative Assembly, but that the
laws should be submitted to, and if disapproved by, Congress,
should be null and of no effect." Acting upon this theory of
the invalidity of Territorial laws, Gov. DOTY disregarded such
as conflicted with his supposed interests, or his wishes, the result of which was a continued warfare between the Governor
and the Legislative Assembly.
During this interim there also arose a serious feud between
the loan-agent appointed by the Governor to negotiate the loan
of $100.000 for the benefit of the Milwaukee and Rock River
canal, and the canal commissioners. The agent reported that
he had negotiated $56.000 of the bonds, but he did not report
that the money to be received for them, was the notes of
"sound specie paying banks." The Commissioners claimed
that it was their right and duty not to recognize any loan made
for currency of which they disapproved. The loan-agent denied that the Commissioners had any such rights or duties, and
claimed that he was the sole judge of the kind of money
which should be received in exchange for the bonds. Whatever were the merits of the dispute, the effect was'-to defeat
the loan, and as a further consequence, to stop all further work
on the canal.
At the next session, commenced on the 6th of December,
1841, about the only matter, of public interest, except the
quarrel between the Legislative Assembly and the Governor,




26
was the disposition of the various questions growing out of the
connection between the Territory and the canal and Canal
Company. Congress had made a valuable grant of lands to
the Territory in trust.  The Territory was the trustee; the
Canal Company the cestuy que trust. The trust had been
accepted, and a large portion of the lands had been sold; onetenth of the purchase price received, and ample securities held
for the balance. The Territory was in a dilemma. It could
not go forward, and had no right to go backward, without the
consent of Congress and the Canal Company. The result was
that it repealed all laws authorizing a loan, and all which contemplated the expenditure of any money by the Territory in
constructing the canal. It remitted and discharged to the pur-.chasers of the canal lands, all interest on their purchases which
had or might become due, except the small sum which might
be necessary to pay interest on loans and expenses, not exceeding $300; but took care that the principal of the securities received for the sale of the lands, should remain intact, to
await the result of future events. The Legislative Assembly
also declared, by joint resolution, that all connection with the
Canal Company ought to be dissolved, and the work of the
canal by the Territory be abandoned, and that the Territory
ought not further to execute the trust. That Congress be requested to divert the grant to such other internal improvements as should be designated by the Territory, subject to the
approval of Congress, and that if Congress should decline to:
make this diversion, it was requested to take back the grant,
and dispose of the unsold lands as other public lands were sold.
I would that fidelity to the task I have undertaken would
suffer me to omit any reference to the horrible tragedy which
the members of the Council were compelled to witness on the
11th February, 1842, by which CHARLES C. P. ARNDT, a member from Brown county, was instantly shot dead by JAMEs R.
VINEYARD, a member from Grant county. Unwilling to trust
my own recollection, I give the circumstances as detailed in
the testimony of JOHN H. TWEEDY before the coroner's inquest:




27
"J. H. TWEEDY sworn: The difficulty grew out of a debate on motion to lay on the table the nomination of E. S.
BARER. Mr. ARNDT opposed it, because the gentleman from
Grant (alluding to Mr. VINEYARD, I suppose,)' had given the
highest testimonials as to the character of the nominee.' I
think, upon his making that remark, Mr. VINEYARD turned
partly round in his seat, and said it was a falsehood. Some
words passed, and order was restored. Soon after a motion to
adjourn was made, and a division had thereon; and immediately after the members had arisen in the negative, before announcement by the chair, most of the members and by-standers
rose, and I saw deceased and Mr. VINEYARD, and I believe
one or two others, close together at the corner of Mr. VINEYARD'S desk. Many words in a high key passed; heard deceased demand of Mr. VINEYARD an explanation. Then Mr.
STRONG called aloud'order,' twice; and the President arose
and called the House to order. VINEYARD and deceased were
parted by one or two by-standers. Saw deceased then move
about eight feet towards the fire-place. He stood there, and
lMr. VINEYARD at bis desk, until the chair announced an adjournment. Mr. ARNDT then came up to Mr. VINEYARD'S
desk. Mr. V. was standing at the corner of it. Deceased
asked Mr. VINEYARD if he imputed to him falsehood in his
remarks.  Mr. VINEYARD answered "yes," or that " they
were false," do not remember which. Think I then saw deceased strike at Mr. V.'s face, or forehead-they were about
three feet apart. Rose to go to them. Did not see distinctly,
but thought one or two blows had passed; then heard an explosion. Deceased partly reeled around and moved several
steps toward the fire-place, with his hands on his breast. I
believe next moment saw him in the arms of Mr. DERRING.
I believe in about five minutes saw him die. He said nothing,
and did not appear to be conscious of anything."
The testimony of the other witnesses was substantially the
same, all agreeing that the deceased was the assaulting party,
and that VINEYARD was defending himself against the assault,
although by means of weapons of death, which the occasion




28by no means demanded. He immediately surrendered himself to the Sheriff, waived an examination, and was committed
to jail.  After a short confinement he was brought before the
Chief Justice of the Territory on habeas corpus, and admitted
to bail.  HEe was afterwards indicted for manslaughter, and
was tried and acquitted.  Immediately after the homicide
VINEYARD sent his resignation to the Council. The Council
refused to receive it or have it read, and immediately expelled
him.
After a few days spent with heavy hearts in the mournful
task of finishing up the work, in much of which the two members, whose seats were now vacant, had taken a part, the
second and last session of the third Legislative Assembly
adjourned, on the 18th of February, to give place to new
members in both houses, to be elected under a new apportionment to be made by the Governor, based upon a census to be
taken the next June by the Sheriffs of the several counties.
The census showed a population of 46,678.
Milwaukee county.......................................................... 9,565
Washington.. do........................................  965
Racine.......    do...............................................................  6, 318
Brown....... do.........................................  2,146
Winnebago.. do................................................................  143
Marquette.... do................................................................  59
Sheboygan... do.......................  221
Manitowoc...do...................................................   63
Calumet..... do.............................................................  407
Fond du Lac. do...............................................................  295
Portage..... do................................................................  646
Walworth.... do........................ 4,618
Rock...ko..................................., 867
Dane........  do.........   76
Green........ do................................................................   1, 94
Jefferson..... do,,....................................       1,638
Dodge....... do....................  14.9
Sauk......... do,..................................               303
Iowa.......do...................................5.............. 5 029
Grant....   do............................................................... 5,937
Crawford...., do...................................................     * —..  1,449
St. Croix.....do (estimated).................................................... 1, 200
Total.......................................46..............................46,678
The representation in both houses was increased in Milwaukee and the central counties, while it was correspondingly




29
reduced in Brown and Iowa counties. In most of the districts
the elections were conducted upon political issues, and the
result showed a very decided Democratic majority in each
House.  The Governor professed to belong to the Whig
party.
The convening of the fourth Legislative Assembly exhibited
a contest between the Governor, on the one hand, and the
two Houses on the other, which threatened to result in anarchy
and the disruption (temporarly at least) of the Territorial Government. The law of the Territory required that the annual
session of the Legislative Assembly should commence on the
1st Monday of December. On that day, in 1842, the members elect convened at the Capitol, and having been duly
organized, waited upon the Governor by a joint committee in
the customary manner. The committee informed him that
the two Houses were organized, and ready to receive any communication he had to make.  The Governor replied, that
" not conceiving that the Legislative Assembly had authority
by law to meet at the present time, he had no communication
to make to them." The subject was referred to a joint select
committee of three members of each House, of which HANS
CROCKER was chairman, and of which MORGAN L. MARTIN,
M. C. DARLING and others were members, who made an
elaborate report, showing that the pretense of the Governor
for refusing to co-operate with the Legislative Assembly, was
that no appropriation had been made by Congress to defray
the expenses of the session, and consequently no session could
be held. An appropriation had been made May 18, 1842,
which the Governor claimed was only applicable to the
expenses of the past session, but which the committee
demonstrated was applicable to the expenses of this session,
and that there was no valid reason why a session could not
lawfully be held at this time. Many members, among them
the late Chief Justice WHITON, were in favor of proceeding
with the work of legislation, and throwing upon the Governor
the responsibility of defeating it; but it was finally decided
to make a representation to Congress, then in session, of the




30
objections of the Governor, and to adjourn for a few weeks,
thinking that, perhaps, another appropriation would be made,
and thus, all objections to the session be removed.
A memorial to the President of the United States, praying
for the removal of the Governor, was adopted by the unanimous vote of the Council, and with only two dissenting votes
in the House. Whigs joined with Democrats in this emphatic
condemnation of the factious course which he had adopted.
The two Houses then adjourned on the 10th of December to
the 30th day of January, 1843.
On the 24th of December, 1842, Congress made another appropriation for the expenses of the Legislative Assembly,
which it was supposed would remove all conflict about the
legality of the session. Both Houses met on the 30th of Jannary, but there was no quorum in the Council until the 4th of
Februar y;
On the 30th of January the Governor issued a proclamation,
convening a special session on the 6th day of March.
On the 4th of February the two Houses again waited on the
Governor, through a joint committee, and he again informed
the committee, that he had no communication to make, except
a copy of his proclamation.
Mr. WHITON, the late Chief Justice, offered a resolution,
"4 That the Legislative Assembly will now proceed to discharge
its duties, without regard to any course that has been, or may
be, pursued by the Governor." This was lost by a tie vote.
Resolutions were then adopted, by the unanimous vote of the
Council, and a large majority of the House, declaring, among
other things, that the only excuse for the conduct of the Governor could be found, "in his determination to prevent all
legislation, and sacrifice for his own private purposes the welfare of the Territory," and that his conduct was " another evidence of his violation of law, and utter disregard of the duties
of his station, and of the wishes and interests of the people.
And then, by a divided vote in each House, the Legislative
Assembly adjourned until the 6th of March.
On the 6th of March both Houses met, and sent the usual




31
committee to wait on the Governor, and on the same day he
delivered his message, which was referred to the appropriate
committees, and harmony was apparently restored between
the Governor and the two Houses. But the harmony was only
in appearance, and the conflict was again renewed. After the
session had continued several days, and a printed copy of the
journal of each House had been daily furnished the Governor,
he took exceptions to the journal of the first day, which did
not state that the two Houses had met in pursuance of his
proclamation, while the journal of the Council stated that the
meeting was in pursuance of adjournment. Finally on the
18th of March, both Houses passed a joint resolution, declaring
that they were holding "the special session appointed by the
proclamation of the Governor."  Thus ended this conflict,
which was only renewed, in the legitimate form of veto messages, which were sent to each House in the utmost profusion,
Congress having amended the organic act changing the Executive veto from an absolute to a qualified one. Only fiftyfour acts were passed, and of these six were passed by a vote
of two-thirds, notwithstanding the Governor's veto. The
session was a long and acrimonious one; and wherever impartial history shall affix the blame, it cannot record a large
amount of good accomplished.
The second session of the Fourth Legislative Assembly,
commenced on the 4th of December, 1843, and terminated on
the 31st of January, 1844, having occupied a period of fiftynine days. The most important act of this session was the
one which extended to persons of foreign birth, a right in
common with all others, after a residence of three months, to
vote upon the question of forming a State Government, and
for the election of delegates to a convention to form a State
Constitution. This question had excited much interest among
the people, and produced an animated conflict of opinion
among their representatives, which resulted in the adoption of
the measure by a decided majority, composed chiefly of the
democratic members. It was the germ of that provision of




32
our Constitution which has given a similar extension to the
right of suffrage in this State.
At this session was also submitted the question of the formation of a State Government, by authorizing a vote to be
taken at the general election in September, and the returns to be
made through the Secretary, at the next session of the Legislative Assembly.
Questions connected with the Milwaukee and Rock River
Canal of course occupied much attention, and the members
spent much time upon matters pertaining to the general public
laws of the Territory.
It must not be supposed that the dignified attention of the
members to their ordinary duties, was not occasionally relieved
by some displays of wit and exhibitions of mirth. As an
illustration, the following incident is mentioned. A self-important, bombastic member* from one of the western counties,
had introduced into the House of Representatives, a memorial
to the Secretary of the Treasury, for the purpose of correcting
some abuses which were complained of, in the manner in
which the United States Marshal disbursed —or failed to disburse-the public monies provided for paying expenses of the
courts. The language of the memorial was mere fustian and
rodomontade; and contained, among other things, the expression, that during a certain period of time the Marshal had not
paid out " one solitary cent." It was allowed to pass the House
as an act of courtesy to the member who introduced it. When
it came before the Council, Col. CROCKER moved to amend by
inserting between the words "solitary " and " cent," the word
" red," so as to read " one solitary red cent." The amendment
was adopted, and the memorial returned to the House with the
amendment. The House refused to concur, and the Council
refused to recede, and the bombastic memorial was lost.
The time for the annual meeting of the Legislative Assembly having been changed from December to the first Monday
in January, the next session commenced on the 6th day of
* It is understood that reference is had to Hon. ALONZO PLATT, of Grant County.
L. C. D.




33
January, 1845, and adjourned on the 24th of February-a
session of 50 days. A new election for members of the House
of Representatives had been held, which resulted in a very
general change, only three of the former members having been
re-elected. In some districts, especially in Grant county, the
repeal of the law of last session in relation to the qualifications of voters on the question of State Government had made
an issue in the election. A bill was introducedl to repeal the
law without qualification. But on a test vote, the friends of
the law were found to be in a majority, and amended the repealing bill by extending the period of residence from three to
six months, and requiring a declaration of intention. The
bill in this form passed both Houses, and under its provisions
the vote was ultimately taken.
A bill passed the Council to again submit to the people the
question of forming a State Government, but it was defeated
in the House of Representatives; and the only measure
adopted at this session upon that subject was a joint resolution
requesting our Delegate in Congress to ask for an appropriation to defray the expenses of taking a census, and of holding
a convention to form a State Government.
Governor DOTY had persisted in spelling Wiseconsin with a
"k" and an "a" Wis-kon-san, and some of the newspapers
and his admirers imitated his example, so that the Legislative
Assembly thought it a matter of sufficient importance to pass
a joint resolution, declaring that the orthography should be
that adopted in the organic act, which has ever since universally prevailed.
A Territorial indebtedness, from various causes, had grown
up during the eight years of the Territorial Government,
which was estimated to amount to about $50,000. No means
had been provided for its payment, and at this session a Territorial tax was for the first time levied. The tax was only one
and a half mills on the dollar.  The assessment was very low,
lands being assessed at about two dollars per acre, excluding
all improvements, the object of which exclusion was to assess
the unimproved lands of speculators as high as the improved
lands of the inhabitants.
3.




34
At this session the unsold lands granted to aid in the construction of the Milwaukee and Rock River Canal were authorized
to be sold; a measure adopted chiefly to enable those who had
settled upon them, and who desired to do so, to secure titles.
The effect of this was, as was anticipated, that those portions
of Milwaukee, Waukesha and Jefferson counties, covered by
the canal grant, were rapidly occupied by an industrious and
wealth-producing population.
Before the meeting of this session, Governor DoTXr had been
succeeded by Governor TALLMADGE, between whom and the
Legislative Assembly the utmost harmony prevailed, and the
session was short, pleasant, and not without some beneficial
results.
JAM]ES K. POLK was inuaugurated President March 4th,
1845. He removed Gov. TALLMADGE, and re-appointed Gov.
DODGE, under whose administration the fourth and last session
-of the Fourth Legislative Assembly convened on the 5th of,January, 1846. This session lasted but thirty days, having,adjourned on the 3d of February; but by taking the prelimi-,nary steps for the formation of a State Government, it was the,most important session ever held. An act was passed, not
without some opposition, provi ling " that on the first Tuesday
"of April next, every white male inhabitant above the age of
Itwenty-one years, who shall have resided in the Territory for
~six months previous thereto, and who shall either be a citizen
-of the United States, or who shall have filed his declaration,
etc., *  *  *  shall be authorized to vote for or against the'formation of a State Government." The act provided for
taking a census, and in the event of a vote in favor of a State,Government, for an apportionment of delegates by the Governor, on the basis of one delegate for every 1.300 inhabitants,
and for every fraction exceeding a moiety of that number, and.one to every organized county. The Governor was to issue
his proclarnation announcing the apportionment, and calling
an election at the time fixed for the next annual election, which
by the act was changed from the fourth to the first Monday of
September. The delegates were to assemble in Convention on




385
the first Monday in October, and to have full power and authority to form a republican Constitution for the State of Wis.
consin, to be submitted to a vote of the people before it should
become effective.
Numerous interesting questions arose during the progress of
the bill, among which was a proposition by Mr. WHITON, in
the Council, to give colored persons the same right to vote as
white persons, which was laid on the table by a vote of 7 to 6.
In the House, a motion was made to strike out the word
"white,"  but it was defeated, ayes 10, noes 16.  This was
twenty-four years ago; before the negro question had been
much agitated.'With the close of this political year, the terms of the members of both Houses closed also-the members of the Council
who had been elected for four years, and of the House for two.
The Legislative Assembly therefore re-organized the election
districts, and conferred upon the Governor the power and duty
of making an apportionment, based upon the census which it
had authorized to be taken.
An act was passed repealing unconditionally the charter of
the Wisconsin  Marine and Fire Insurance company, granted
February 28, 1839.
Several memorials to Congress were adopted, among which
was one asking an appropriation for a penitentiary.
A gloom was thrown over the closing days of this session,
by the awful news that the dwelling house of one of the members-MARSHALL M. STRONG, of Racine —had been consumed
by fire, and that his wife and his only two children had perished in the flames.
The census taken in June, 1846, showed a population of
155,277-excluding Chippewa, La Point and Richland counties,
from which there were no returns:
Brown........ county..........................................  2,662
Calumet......... do............................................................  836
Columbia..... do...........................                1,969
Crawford..... do..............................  1,444
Dane............ do.....                      8,289
Dodge..do.............. 7,87
Fond  du Lac....do..........................................................   3, 544
Grant.........do............................................................. 12, 034
Green...........  do............................................................   4,58
Iowa............do.......................................... 14, 916
Jefferson........do.................................,,.  8,680




36
Manitowoc....county.........................................................  629
Marquette.  do........do..........................  989
Milwaukee...... do............................................................ 15, 925
Portage.........do..            931
Racine.........do....,.................. 17, 983
Rock............ do............................................  12,405
Sauk............ do.                                 1,003
Shebcygan......do.....................................................    1,637
St. Croix.....do...................   1,419
Walworth.......do................................... 13, 439
Washington.....do.............................................  7, 473
Waukesha.......do....................                      13, 793
Winnebago..... do.........................................................  732
Total.............15...77........................... 155,277
The Governor issued his proclamation for the election of
one hundred and twenty-five members, to a Convention to
form a State Constitution. The estimate of population assumed by the Legislative Assembly for fixing a basis, was 117,000, but the excess exhibited by the census, over this estimate, resulted in a more numerous body than had been anticipated
The Convention  met on the 5th day of October, and ad.
journed  on   the 16th  day  of December.   The constitution which it adopted was submitted to a popular vote
on the first Tuesday  of April, 1847, and rejected.   It contained several new  features.    Those which were made  the
chief points of attack by its opponents, were the prohibition
of all banks, and the circulation of small bills; the homestead
exemption; the woman's rights article, and the elective judiciary. The united opposition to these several features was
sufficient to defeat the entire Constitution, although  it is believed that if they had been separately submitted, all would
have been adopted.    From  this result future; constitutionmakers can derive a useful lesson in favor of having a sepa.
rate vote taken upon each of the different portions of their
work.
The first session of the fifth Legislative Assembly, met on
the first Monday in January.  New election districts had been
formed, and a new election of members in both branches had
been held under a new apportionment. The result was, that
both Houses were almost entirely composed of men without
legislative experience.  In  the Council there were but three
members, and in the House but one, who had ever before held
a seat in the Legislative Asse'mbly.  Wisconsin was in a trans



37
ition state. A Convention had framed a Constitution, which
was then before the people for their consideration, and was
about to pass the ordeal of their suffrages. It was wisely
thought that but little legislation was then expedient under
the circumstances, and hence but little was attempted except
temporary and local measures, and to provide for the holding
of another convention to frame a new Constitution in the contingency of the defeat of the one then pending before the people. For that purpose a bill was reported in the Council. It
was opposed in both Houses, chiefly on the ground that its passage would tend to prejudice the pending Constitution. The
bill was passed in the Council by the close vote of 7 to 6, and
indefinitely postponed in the House by 18 to 8. Quite a number of private acts were passed, among which were five granting divorces. After a short session the Legislative Assembly
adjourned on the 11th of February 1847,
On the 27th September 1847. the Governor issued his proclamation, convening a special session of the Legislative Assembly, to be held on the 18th day of October, to take such
action in relation to the early admission of Wisconsin into the
Union, and adopt such other measures as in their wisdom the
public good might require.
On the day named in the proclamation, the two Houses assembled, and were immeditely organised. A bare majority of
the House of Representatives were in favor of entering upon
the work of promiscuous legislation, but a large majority of
the council was opposed to it, and the work was confined to
the passage of a law for the holding of another Convention to
frame a State Constitution, and fixing the time for the holding
of the next session of the Legislative Assembly.
The act in relation to the Convention provided for a body of
sixty-nine members, which were apportioned among the sever.
al counties. It differed from the act providing for the first
convention in ignoring representation of counties, as such,
and basing it exclusively on population. The time fixed for
the election of delegates was the last Monday of November
and the time for the meeting of the Conventien the third
Wednesday of December.




38
The Convention met on the day prescribed by the act, and
continued in session until the 1st day of February. The result of its labors was the Constitution submitted to the people,
on the 2d Monday of March ensuing, which having been duly
ratified, constitutes the present fundamental law of the state.
The next and last session of the Legislative Assembly of
the Territory convened on the first Monday of February, and
adjourned on the second Monday of March, having held a
session of thirty-six days.
The very general conviction, amounting almost to a certainty, that the Constitution, formed but a few days before the
commencement of the session, and voted upon by the people
on  the  day  of its  adjournment, would  be  ratified,
seemed to render it unnecessary that any extensive schemes of
legislation should be entered upon; and to suggest the wisdom of deferring to the Legislature of the coming State Government the work of perfecting or revising the laws affecting
the general welfare of the people.  Such was the opinion of
the Legislative Assembly now convened, and consequently,
with the exception of some legislation in regard to the canal
and canal lands which was deemed necessary, their work was
confined almost exclusively to laws of a private nature.
The two first of these, and afterwards twenty-one others, in
all twenty-three, were acts granting divorces from the bonds
of matrimony, one of which was to divorce the wife of John
Smith, without reference to his residence or other circumstances to identify which of the thousands of John Smith's was
intended. This last session appeared to be prolific in divorces,
a greater number having been granted than at all previous
sessions since the organizarion of the Territory; which may
have been owing to the fact that the new Constitution prohibited the Legislature from granting any divorce.
This completes the summary which I propose to present on
this occasion, of some of the prominent events occurring
in the history of Wisconsin Territorial Legislation from
1836 to 1848.




CO:NDITION OF THE SOCIETY.
A synopsis of the Annual Report of the Society, January
4, 1870, shows: That the receipts into the General Fund the
past year were $1,215.66; disbursements $1,127.62, leaving an
unexpended balance of $88.04. The Binding Fund, which
was last year reported at $172.73, has been increased by a donation of $100 from Hon. CYRUS WOODMAN, and $20 each
from WM. B. CHAMPION and J. LAIDLER, $5 from Gen. JAMES
SUTHERLAND, and $50.81 from annual dues and accrued interest, making the present amount of this fund $368.54, which
should be left to accumulate till it swells to several thousand
dollars before the annual income from it will be sufficient to
meet the binding wants of the Society. We earnestly plead
for contributions to this important fund.
The past and present condition of the Library are shown by
the following table:
Documents
Volumes nDouments  Both to-  Total  in
Added.   pndePa.        gether.   Library.
1854, Jan. 1....................             50                      50           50
1855, Jan 2...........................    1, 000      1, 000      2, 000        2, 050
1856, Jan.............................   1,065       2, 000      3,065         5,115
1857, Jan. 6.............................  1,005        300       1,305         6, 420
1858, Jan. 1............................  1,024         959       1, 988        8, 403
1859, Jan. 4.                              1, 107        500       1, 607       10,010
1860, Jan. 3...........................   1,800         723       2, 528       12,535
1861, Jan. 2........................         837       1, 134      1,971        14,504
1862, Jan. 2.............................   610         711       1,321        15,825
1863, Jan. 2............................   544       2, 373      2, 917       18, 742
1864, Jan. 2..........................     248 354                 604        19,346
1865, Jan. 3...........................     520         226         746        20,092
1866, Jan. 2............................   3868         806       1,174        21,266
1867, Jan. 3.........................       923       2, 811      3, 734       25, 000
1868, Jan. 4.............................  5, 462     1,043       6, 505       31,505
1869, Jan. 1...............2, 838                       682, 520        5,025
1870, Jan. 4.......................923                6,240       7,163        42, 188
20,324     21,864      42,188............
Among the important additions of the past year, have been
a valuable collection of 5,500 English pamphlets and documents. There has been an increase of 119 bound newspaper
files, making the total number now in the library, 1,547.
The Portrait Gallery has received seven additions during the
year-Hon. RANDALL WILCOX, Maj. CHARLES F. LEGATE and
Capt. JOSEPH KEYES, among the pioneer settlers; Col. J. C.
FAIRCHILD, Gen. CAssIus FAIRCHILD, HEIn. PERRY H. SMITH,
and Gov. L. J. FARWELL-making altogether, seventy-three
oil paintings now in the Gallery.
The  Cabinet of Curiosities  has received quite a number  of
interesting additions during the year. Meanwhile valuable
matter is accumulating for a new volume of collections, which
we hope to issue during 1871.




OFFICERS OF THE SOCIETY-1870.
PRESIDEENT:
INCREASE A. LA PHAM, LL. D., Milwaukee.
VICE PRESIDENTS:
Hon. HENRY S. BAIRD, Green Bay,    Hon. JAMES SUTHERLAND, Janesville,
Hon. ALEX. MITCHELL, Milwaukee,   Hon. H. D. BARRON, St. Croix Falls,
Hon. JAS. R. DOOLITTLE, Racine,    Hon. A. A. TOWNSEND, Shullsburg,
Hon. JAS. T. LEWIS, Columbus,      Hon. GEORGE HYER, Oshkosh,
Hon. HARLOW S. ORTON, Madison,   Hon. A. G. MILLER, Milwaukee.
HONORARY VICE PRESIDENTS:
1. Hon. CYRUS WOODMAN, Mass.,   4. Hon. JOHN CATLIN, New Jersey,
2. Hon. PERRY H. SMITH, Ill.,      5. lon. STEPHEN TAYLOR, Penn.,
3'. Hon. HENRY S. RANDALL, N. Y.,  6. Hon. A. C. DODGE4 Iowa.
7. Hon. L. J. FARWELL, Ill.
CORRESPONDING SECRETARY:
LYMAN C. DRAPER.
RECORDING SECRETARY:
Col. S. V. SHIPMAN.
TREASURER:
A. H. MAIN.
LIBRARIAN:
DANIEL S. D URRIE.
CURATORS:
Ex- Oficio.
Hon. L. FAIRCHILD,     Hon. L1. BREESE,        Hon. HENRY BAETZ,
Governor.        Secretary of State.      State Treasurer.
For One Year.    _     For Two Years.         For Three Years.
Gen. SIMEON MILLS,     Gov. L. FAIRCHILD,      Hon. D. WORTHINGTON,
Hon. GEO. B. SMITH,    Hon. E. B. DEAN,        Hon. P. A. CHADBOURNE,
Gen. G. P. DELAPLAINE, Col. F. H. FIRMIN,      Prof. J. D. BUTLER.,
Dr. JOSEPH ROBBINS,   Hon. L. B. VILAS,        Prof. S. H. CARPENTER,
Hon. A.H.VAN NOSTRAND, Gen. D. ATWOOD,         Hon. JAMES ROSS,
S. U. PINNEY,          Hon. HORACE RUBLEE,  N. B. VAN SLYKE,
Hon. E. W. KEYES,       O. M. CONOVER,         J. D. GURNEE,,J AMES L. HILL,       Hon. JOHN Y. SMITH,    E. W. SKINNER,
Hon. S. D. HASTINGS,    B. J. STEVENS,         W. A. CROFFUT,
STANDING COMIITTTEES:
Publications-DRAPER, RUBLEE, GEO. B. SMITH, BUTLER and CARPENTER.
Auditing Accounts-HASTINGS, FIRMIN, HILL, BAETZ and DEAN.
F'inance-MILLS, CONOVER, HASTINGS, VAN SLYKE, BETZ atnd GURNEE.
Literary Exchanges-FIRMIN, HOBBINS, J. Y. SMITH, SKINNER and BREESE.
Cabinet-SHIPMAN, CON OVER, FAIRCHILD, DURRIE, VILAS, STEVENS and VAN
NORSTRAND.
Natural Ristory-CHADBOURNE, LAPHAM, J. Y. SMITH, HOBBINS and VAN
NORSTRAND..Endowment-DRAPER, VAN SLYKE, DELAPLAINE, WORTHINGTON, ATWOOD,
CROFFUT, PINNEY, KEYES and HILL.
Printing-RUBLEE, CARPENTER, ROSS, KEYES and J. Y. SMITH.
Picture Gallery-CARPENTER, DELAPLAINE, MILLS, FAIRCHILD, BREESE,
VILAS and SH1PMAN..listorical NYarratives-PINNEY, FAIRCHILD, RUBLEE, SHIPMAN and DRAPER.
Lectures and Essays-ROSS, BUTLER, DURRIE, CONOVER, CHADBOURNE and
WORTHINGTON.
Soliciting Committee-ROBBINS, BAiTZ, DEAN and STEVENS.
Annual Address-G. B. SMITH, ROSS, ATWOOD, FAIRCHILD and PINNEY..Nominations-CROFFUT, MILLS, BREESE, GURNEE and SKINNER.
Library, Purchases and Fixtures-DRAPER, CONOVER and DURRIE.
Obituaries-ATWOOD, DELAPLAINE, VILAS, ROSS and HASTINGS.
OBJECTS OF COLLECTION —The Society earnestly solicits of every editor and publisher
of a newspaper or periodical in the State the regular transmission of such publication;
Books and pamphlets on all subjects of interest or reference; Magazines; Newspaper
Files; Maps; Engravings; Portraits ol Wisconsin pioneers and other prominent personages; War and Indian relics, and other curiosities; Narratives of Early Settlement,
Hardshlips, Border Wars, and of the part borne by Wisconsin men in the late war of the
rebellion.