CHAPTER XV.

WISCONSIN IN A TRANSITION STATE

-1835-6.

In 1825, to a very limited extent, but more generally in 1826, 1827, and 1828, the country known as the Upper Mississippi lead mines, as contra-distinguished from the Missouri mines, was occupied in numerous localities by adventurers from every part of the country. This occupancy at first was confined to the immediate vicinity of Galena, but soon extended to Grant, La Fayette, and Iowa counties, and to the western part of Dane and Green counties. It was not, however, until after the "Winnebago war" of 1827, and the Black Hawk war in 1832, and the Indian treaties which were the result, that such a feeling of security attended the inhabitants as was essential to the permanent and secure growth and prosperity of the country.

By the treaties of Prairie du Chien, of July 29th and August 1, 1829, and of Rock Island of September 15th and 21st of that year, and of September 21st, 1832, the Indian title to much territory was extinguished, its boundaries defined, the removal of the Indians secured, and occupancy by the whites divested of its hazards.

Col. WILLIAM S. HAMILTON was a son of Gen. ALEXANDER HAMILTON, of Revolutionary fame. He had been engaged in surveying the public lands in Illinois, and in 1825, having entered into a contract to supply the garrison at Fort Howard with provisions, he left the southern part of Illinois with seven hundred head of cattle, and proceeded with his whole drove by the way of Chicago, coasting the lake by the mouths of the Milwaukee, Sheboygan and Manitowoc rivers to Green Bay, where he arrived in safety on the 27th of June, without any material loss of his cattle. On reaching Milwaukee he found SOLOMON JUNEAU, who had a trading house on the east side of the river, near where Wisconsin street is now laid out. Mr. JUNEAU was the only civilized human being then living near the lake shore between Chicago and Green Bay. Col. HAMILTON, in 1828, removed to what is now Wiota, in La Fayette county, where he lived about twenty years, when he removed to California, and died there in 1851.

From 1825 to 1830, although the settlements in Wisconsin were limited to those in the lead mines and the older ones near Green Bay and Prairie du Chien, the wants of the people for a nearer local self-government than that provided for Michigan Territory, the seat of which was at Detroit, were seriously felt, and exhibited in numerous ways. Public attention was called to the subject by the inhabitants of Green Bay, and in February, 1829, Gen. HENRY DODGE, in behalf of the inhabitants of the lead mines, in a letter to Hon. AUSTIN E. WING, then delegate in Congress from Michigan Territory, with great force presented the "claims the people have on the National Legislature for a division of the Territory."

On the 6th of January, 1830, the committee on the Territories in the House, reported "A Bill establishing the Territory of Huron." It was bounded southwardly by the states of Illinois and Missouri; westwardly by the Missouri river and the White Earth river; northwardly by the northern boundary of the United States and eastwardly

"By a line running from the northeast corner of the state of Illinois, down Lake Michigan east of the Fox and Beaver islands, through the straits to the southern extremity of Bois Blanc island and south of said island, thence due east to the boundary of the United States in Lake Huron."

This boundary would have cut off from the Territory of Michigan, and perhaps the future state, all of its upper peninsula on Lake Superior, the Sault St. Marie and even the island of Mackinac.

The bill vested the legislative power of the Territory in the Governor and a Legislative Council to consist of five persons, one from each of the counties of Brown, Crawford, Iowa, Chippewa and Michilimacinac.

The bill provided that the seat of government of the Territory should be established at the village of Munnomonee on the Fox river, but subject to be changed by the Governor and Legislative Council with the approbation of Congress. Ten thousand acres of land to be located by the Governor, below the Grand Kau-kau-nah on the said river were given to the Territory to defray the expenses of erecting public buildings at the seat of government.

The bill did not become a law and Michigan Territory for the time being remained intact.

In 1831 a bill to create a new Territory in the western part of Michigan passed the House of Representatives, but

did not pass the Senate. In 1832 another bill for the same purpose was reported in the House and remained over among the unfinished business. In October of that year under authority of an act of the Legislative Council, a vote of the inhabitants was taken in favor of the formation of a state government for Michigan.

On the 14th of December, 1833, at a public meeting at Green Bay, resolutions were adopted in favor of a new Territory, and a memorial to Congress for its creation was prepared and presented.

Jealousy existed between the people of the mines and those of the Green Bay country, as to the location of the seat of government; whether it should be at Mineral Point or near Green Bay. This jealousy was one of the causes which had previously prevented the passage of either of the bills on this subject.

On the 14th of February, 1834, a bill establishing the Territory of Wisconsin, by which the location of the seat of government was left to the decision of the Governor and Legislative Council was reported in the Senate. This bill did not pass, but instead of it the act of June 28, 1834, was passed, which, by attaching to the Territory of Michigan all the territory of the United States west of the Mississippi River and north of the State of Missouri, increased the necessity for a new territorial government.

On the 15th of June, 1836, Congress provided by an act for that purpose for the admission of Michigan as a state in the Union, upon certain conditions contained in the act, relating chiefly to its boundaries, but in consequence of the difficulties existing and arising out of the boundary questions, Michigan was not admitted as a state until January 26, 1837.

With the exception of some private land claims at and near Green Bay and Prairie du Chien, which had been confirmed by the general government, none of the public lands within the limits of Wisconsin had previous to 1834 been disposed of. By an act of Congress approved June 26, 1834, it was enacted that

"All that tract north of the State of Illinois, west of Lake Michigan, south and southeast of the Wisconsin and Fox Rivers, included in the present Territory of Michigan, shall be divided by a north and south line drawn from the northern boundary of Illinois along the range of township line next west of Fort Winnebago, to the Wisconsin River, and be called, the one on the west side the Wisconsin, and that on the east side the Green Bay land districts."

Two years later, the Green Bay district was

Divided by a line commencing on the western boundary of said district, and running thence east, between townships ten and eleven, to the line between ranges seventeen and eighteen east; thence north to the line between townships twelve and thirteen; thence east to Lake Michigan,"

and the country south of this line was called the Milwaukee land district. Some of the public domain had been surveyed previous to 1834 and the surveys were afterwards rapidly prosecuted, and the permanent ownership of the country speedily passed from the government to individuals, and settlements extended in every direction.

To provide for the election of a delegate to Congress and members of the Legislative Council in that portion of the Territory of Michigan not embraced within the limits of the state of Michigan, in the contingency that the constitution to be framed for the state should not take effect previous to the first day of November, 1835, an act was passed on the 30th of March, 1835, which provided that the election of a delegate to Congress and members of the Legislative Council, should be postponed until the first Monday of November, 1835, on which day it should be held, provided that if the constitution to be framed for the state should not take effect previous to that day, it should be the duty of the Governor to fix the time of holding said election by proclamation on such day as he might deem expedient subsequent to the taking effect of said constitution.

The previous acts of the Territory regulating elections were declared to be applicable to the elections provided for by this act, and it was made the duty of the governor to make such apportionment of the members of the Legislative Council to the several counties in the district not embraced in the state, as he might deem expedient. The Legislative Council was to meet at such time and place as the Governor by proclamation might appoint.

The act also provided for the contingency that a constitution should not be adopted, so as to enable the people of Michigan to enjoy the benefits of state government previous to January 1, 1836; in which case the provisions of the act for a meeting of the Legislative Council in that district of the Territory not within the State, and for the election of members thereto, were to be nugatory; and it was made the duty of the governor in that event by proclamation to apportion the members which the several districts east of Lake Michigan are entitled to elect, to the

said districts respectively in proportion to population as ascertained by the census in the year 1834, and the counties in the seventh district lying east of the principal meridian should be entitled to one member at the session which should commence at Detroit on the 1st Monday of January, 1836.

By another provision of this act it was declared that all laws which might be in force on the 1st day of May, 1835, and not locally inapplicable to the district of the Territory not embraced within the state, should be and continue in full force and effect in said district after said first day of May.

At the session of the Legislative Council of the Territory of Michigan, held at Detroit on the 17th of August, 1835, STEVENS T. MASON, Secretary and acting Governor, in his message, referring to the act of March 30, 1835, said

"The anticipated contingency will arise by the organization of the contemplated state government in November next. The general law regulating these elections requires the returns of elections to be made to the secretary of the Territory who with the attorney general and treasurer, constitutes the board of canvassers, who are authorized to give a certificate of election to the delegate elect. The election, however, occurring before the appointment of these officers under the territorial government of Wisconsin, it will be necessary to create some other board of canvassers to meet the emergency and to em power them to issue a certificate of election. Such an amendment of the act of March 30, 1835, is respectfully suggested for your consideration."

In accordance with this suggestion of the Governor, an act was passed on the 22d of August, fixing the first Monday of October as the time for holding the election of delegate to Congress and members of the Legislative Council.

The act also changed the mode of canvassing, by providing that the returns from the other counties west of Lake Michigan should be made to the clerk of the county of Brown, who should make return thereof to the clerk of the Supreme Court of the Territory, at Detroit.

In pursuance of the act of March 30, 1835, as thus amended, Secretary and acting Governor MASON issued a proclamation, bearing date August 25, 1835, making a new apportionment of —

"The members of the Legislative Council to the several counties in that district of country, not embraced within the limits of the State of Michigan." It was proclaimed that— "The counties of Brown and Milwaukee shall constitute the first district, and shall be entitled to elect five members of the Legislative Council.

"The county of Iowa shall constitute the second district, and shall be entitled to elect three members.