* YA1UE °WiWmi&BITY°

Bought with the income of the
William C. Egleston Fund
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PUBLICATIONS OF THE
STATE HISTORICAL SOCIETY
OF WISCONSIN

EDITED BY
MILO M. QUAIFE
SUPERINTENDENT OF THE SOCIETY

WISCONSIN HISTORICAL PUBLICATIONS
COLLECTIONS, VOLUME XXVI
CONSTITUTIONAL SERIES, VOLUME I

Wisconsin in 1846
Map prepared for this work by Mary S. Foster

PUBLICATIONS OF THE STATE HISTORICAL SOCIETY
OF WISCONSIN

COLLECTIONS, VOLUME XXVI
CONSTITUTIONAL SERIES, VOLUME I

THE MOVEMENT FOR; STATEHOOD
1845-1846

EDITED BY
MILO M. QUAIFE in
SUPERINTENDENT OF THE SOCIETY

PUBLISHED BY THE SOCIETY
MADISON, 1918

COPYRIGHT, 1918
BY THE
STATE HISTORICAL SOCIETY OF WISCONSIN

1250 COPIES PRINTED

DEMOCRAT PRINTING COMPANY, MADISON, STATE PRINTER

CONTENTS

Part I Historical Introduction Page
Some General Observations  9
The Admission of Wisconsin to Statehood  18
Wisconsin — A Constitution of Democracy .... 30
Part II Official Proceedings and Debate
Proceedings in Wisconsin . . . . . . . . 57
Message of Governor Dodge to the Legislative Assembly,
January 6, 1846  59
Report of Select Joint Committee on State Government 60
Assembly Resolutions Concerning Statehood ... 69
Debate in the House of Representatives, January 8, 1846 73
Debate in the House of Representatives, January 21, 1846 82
Debate in the House of Representatives,- January 24, 1846 86
Proceedings in the Council, January 16, 1846 . . .93
Debate in the Council, January 17, 1846 .... 109
An Act in Relation to the Formation of a State Govern
ment in Wisconsin  117
Apportionment of Delegates  125
Proceedings in Congress  128
House Debate, June 8, 1846  129
House Debate, June 9, 1846  130
House Debate, June 10, 1846  131
The Wisconsin Enabling Act  136
Part III Popular Proceedings and Debate
Selections from the Madison Express  143
Public Opinion Favors Statehood ...... 143
Views of "K"— No. 1  144
Views of "K"— No. 2  146
"Concordia's" Views on the Election of Judges . . . 148
Whig Nominations  152
Declaration of Whig Principles  154
What Locofocos Can't Understand  156
Locof oco Principles  160
The Issue  162

CONTENTS Page
Who Is the Aristocrat?  165
Free Suffrage  167
John Y. Smith Denounced  168
"A Voter" States His Views  171
The Election: Its Results  174
Selections from the Milwaukee Sentinel and Gazette . . 175
The Power of Borrowing Money  175
Taxation — Borrowing Money  177
Views of "R" Concerning the Constitutional Convention 180
Letters of "Jefferson"— No. 1  184
Letters of "Jefferson"— No. 2  186
Universal Education  188
Views of "R" on Capital Punishment Answered . . 189
Appeals to Foreigners  190
Tactics of the Enemy  192
Letters of "Jefferson" — No. 3  194
The Wisconsin Democracy's Love for the Irish . . . 196
The Constitutional Convention  198
The Recent Election  202
Capital and Currency  205
The Banking System in New York  209
Selections from the Milwaukee Courier .... 211
State Government  211
Eligibility of Ministers to Office  211
Eligibility of Ministers of the Gospel to the Legislature 213
The Plea of "Hibernicus"  215
Our State Constitution  217
Views of "Ormond"  218
Views of Daniel Fitzsimmons  221
An Appeal to Aliens  226
Hints to Our Delegates — No. 1  231
Hints to Our Delegates — No. 2  236
Hints to Our Delegates — No. 3  239
Reply to "Ormond"  244
Selections from the Racine Advocate  248
State Government — No. 1  248
State Government — No. 2  249
The Convention  250
An Exemption Law  253
The Judiciary  256
Banks  260
The Judiciary Again  263
Prevention Better Than Cure  267
Justices' Courts  271
Free Banking  274
The School Fund  277
Biennial Sessions  281
An Elective Judiciary  284
Currency: Usury  286

CONTENTS iii
Page
The Constitution  289
The Convention  293
Single Districts  297
Selections from the Platteville Independent American . 302
Letters of "A Farmer of Grant"— No. 1 . . . .302
Letters of "A Farmer of Grant"— No. 2 . . . .306
A Convention Editorial  309
Letters of "A Farmer of Grant"— No. 3 . . . .312
An Elective Judiciary Advocated  314
Letters of "A Farmer of Grant"— No. 4 . ... .315
Letters of "A Farmer of Grant"— No. 5 . . . .316
The Views of "Rio Grande"  318
Letters of "A Miner of Grant"— No. 1 .... 321
Letters of "Jacob Faithful"— No. 1  323
Letters of "A Miner of Grant"— No. 2 .... 324
"A Farmer of Grant" Questioned  327
Letters of "A Miner of Grant"— No. 3 .... 328
Letters of "Jacob Faithful"— No. 2  332
A Sarcastic Scribbler  334
Letters of "A Farmer of Grant"— No. 6 . . . .335
Selections from the Lancaster Wisconsin Herald . . . 339
Candidacy of Thomas B. Burnett  339
The Constitution  343
Ideas of "J. T. M." Concerning Reform .... 351
Thomas Shanley's Platform  353
Views of "Z" on Minority Rule  354
Selections from the Mineral Point Democrat . . . 356
State Government — No. 1  356
State Government — No. 2  358
State Government — No. 3  '360
State Government — No. 4  362
Selections from the Madison Wisconsin Democrat . . . 366
An Exemption Law Proposed  366
Eligibility of Ministers  367
A Sarcastic Address  371
State Government — No. 1  372
State Government — No. 2  377
Constitutional Reform  378
Letters of "Jefferson" — No. 1  382
Letters of "Jefferson"— No. 2  384
Letters of "Jefferson"— No. 3  385
Declaration of Principles  392
Executive Veto  395
Democratic Candidates Interrogated  396
The Exemption  404
Legal Reform  406
Our State Legislature  408
The Recent Election  410

CONTENTS

Page
Selections from the Madison Wisconsin Argus . . . 412
: The "Alien Law"  412
State Government — No. 1  417
Will Congress . Make an Additional Appropriation for the
Coming Session of Our Territorial Legislature . . 422
State Government— No. 2  427
Eligibility of Ministers  429
. State Government — No. 3  432
Territorial Rights  433
State Government — No. 4  436
To Persons of Foreign Birth  439
Biennial Sessions  441
Individual Banking  444
Mode of Selecting Judges— No. 1  445
Mode of Selecting Judges — No. 2  450
Free Banking  453
. Mode of Selecting Judges— No. 3  459
A Scheme of Government  462
"Rough Hewer's" Scheme of Government Criticized . . 466
Legal Absurdities — Pleadings  467
Mode of Selecting Judges — No. 4  473
"Rough Hewer's" Views  477
Elective Judiciary  479
"Rough Hewer's" Views Criticized  481
"Rough Hewer's" Views Criticized  483
The State Government Land  486
Let It Be Told!  488
An Account of Whig Iniquities  489
Selections from the Southport American .... 492
¦ Advice to the Legislature  492
State Government — No. 1  493
Action of the Wisconsin Liberty Association . . . 494
State Government — No. 2  495
Collection Laws  497
The Question of State Government  501
The Judiciary  502
An Elective Judiciary  503
Executive Patronage  505
Partyism and the Constitution . . . . . 507
The Delegate Election  509
Great Gathering of Freemen in Council .... 512
The Mass Convention of Electors of Racine County . . 513
Considerations Worthy of Regard in the Present Crisis . 516
To the Democratic Electors of Racine County . . 518
Territorial Convention  524
Index  529

ILLUSTRATIONS

Page
Wisconsin in 1846  Frontispiece
Map prepared for this work by Mary S. Foster
Governor Henry Dodge  58
From an oil portrait by Bowman in the Wisconsin Historical
Library
General Rufus King  176
From a photograph in the Wisconsin Historical Library
Moses M. Strong  356
From a photograph in the Wisconsin Historical Library
Beriah Brown  366
From a photograph in the Wisconsin Historical Library
John Y. Smith  412

PART I HISTORICAL INTRODUCTION

SOME GENEEAL OBSERVATIONS
The assemblage and publication of the sources for the con
stitution of Wisconsin is desirable for several reasons. Ad
mitted to the Union in 1848, and most notable of all the
states, perhaps, for its development in recent years of pro
gressive political policies and machinery, Wisconsin still
keeps its original constitution. Although seventy years is
not commonly regarded as a long period in the lives of
nations, from the relative point of view the constitution of
Wisconsin is hoary with age. Looking abroad it is older —
to mention only a few instances — than the present govern
ments of Russia, Germany, France, Italy, Austria-Hungary,
Turkey, Bulgaria, Roumania, Servia, Portugal, China,
Japan, Australia, Canada, Mexico, and, of course, of most of
the countries of Africa and South America. At home, al
though by no means the oldest of existing state constitutions,
that of Wisconsin is the oldest of any state west of the Alle
gheny Mountains. The constitution of Alabama dates from
1901, and is the fourth organic framework of government
to be adopted in the last forty-three years. That of Miss
issippi was adopted in 1890 and the state has had four in a
hundred years. Tennessee's constitution, the third in her
history, dates from June, 1870. Kentucky's present con
stitution, the state's fourth, was adopted in 1891. Arkansas
has had three since 1864, her present one having been
adopted in 1874. Missouri's constitution dates from 1875
and is the third one adopted by the state in less than a cen
tury. Illinois closely resembles Missouri; her present con
stitution is her third one and was adopted in 1870. ^Iowa was
admitted to the Union in 1846, two years before Wisconsin,
and her first constitution lasted but eleven years. Califor
nia was admitted in 1849; her present (and second) consti-

10 WISCONSIN HISTORICAL COLLECTIONS
tution dates from 1879. Texas, admitted in 1846, has had
four constitutions, the last one adopted in 1876. The pres
ent constitution of Michigan is her third and was adopted
in 1908. Minnesota, like Wisconsin, still retains her origi
nal constitution but it is nine years younger than that of
Wisconsin. Of all the states west of the Alleghenies, the con
stitutions of Ohio and Indiana, the two oldest, states of the
Northwest Territory, most closely approach Wisconsin's in
point of age. The constitutions of Indiana and Ohio were
drafted in 1850-51. Between these and the constitution of
Wisconsin there is this marked difference, however. The peo
ple of Wisconsin have held no constitutional convention since
1848, and they entertain at the present time no pronounced
feeling of dissatisfaction with their constitution. In Ohio
constitutional conventions were held in 1873 and 1912, the
dissatisfaction of the voters with the existing constitution
being registered on the former occasion by a vote of more
than two to one, and on the latter by more than ten to one.
The constitution drafted in 1874 was rejected at the polls;
the work of the convention of 1912 resulted in the adoption
by the voters of thirty-four amendments to the old constitu
tion, thus materially modifying its character. Indiana, like
Ohio, has long been dissatisfied with her constitution, and in
1916 a new one was drafted by a convention created for this
purpose. However, by reason of a supreme court decision
invalidating the procedure in accordance with which the
convention had been held, the voters were never given an op
portunity to pass upon the document.
It is evident, even from the foregoing brief resume, that
Wisconsin's constitution has stood the test of time longer
and better than any other in the western three-fourths of
the country. No less evident is it that sooner or later it will
become outworn and a new framework of government will
need to be provided for the state. How soon this will come
to pass we make no attempt to predict. When the time
shall arrive, a full documentary history of the existing con
stitution should prove indispensable not only to the mem-

SOME GENERAL OBSERVATIONS 11
bers of the convention charged with the duty of drafting a
new constitution, but to the enlightened citizens of the state
generally. Quite aside from such a contingency the posses
sion of such a documentary history should be invaluable to
students of our history and to both students and administra
tors of our government.
Such a record, after seventy years of statehood, still
awaits compilation. Extravagant in certain respects, our
forefathers of seventy years ago were extremely economical
in others. To save the expense involved, a paltry sum ac
cording to present standards, they gravely abstained from
authorizing the making and printing of a report of the de
bates of the first convention. Consequently the only official
record we have of its proceedings is the formal daily jour
nal. The members of the second convention were more ex
travagant — or more far-sighted. In the beginning no re
port of the debates was authorized; before long, however,
such a step was taken, coupled with the direction to the re
porters that no record be kept of the words of any member
who might indicate his objection thereto. Three members
availed themselves of the privilege thus accorded to efface
from the printed record their contribution to the delibera
tions. With this exception, and subject to the difficulty the
reporters labored under of constructing a report of debates
had prior to the ordering of making such a report, we have
for the second convention both the official journal and a re
port of the debates.
Fortunately for posterity, and for the success of our en
terprise, two circumstances combined to make possible the
compilation at this late date of a relatively complete docu
mentary record of the origin of our state constitution. The
State Historical Society of Wisconsin was organized in 1849.
Even several years before this one cultured citizen of the
territory, Cyrus Woodman, of Mineral Point, was assidu
ously collecting newspaper files for its future library, and
appealing to others to do likewise. To the present day the
Society has never relaxed this zeal, which antedates its

12 WISCONSIN HISTORICAL COLLECTIONS
birth, for the upbuilding of a great newspaper collection.
In size it stands second in America, and the collection of
files of Wisconsin papers is of course incomparably the best
in existence. The newspaper annals of Wisconsin begin
with the founding of the Green Bay Intelligencer late in
1833. By 1847 there were some two dozen papers in the
territory, and the contemporary files of about half of them,
for the period of constitutional origins, are preserved in
the State Historical Library. Our relative good fortune in
this respect may be seen by comparing Wisconsin with its
western neighbor, Iowa. The latter territory was set off
from Wisconsin in 1838 and attained statehood in 1846. Like
Wisconsin, Iowa had two constitutional conventions, the
first in 1844, the second in 1846. From the period of con
stitutional origins in Iowa but two newspaper files have been
preserved, as compared with five or six times as many for
Wisconsin. r
Moreover, the character of our territorial press was such
as to make the files which have thus been preserved of par
ticular value to the student of political developments. The
newspaper editor of the forties was poor in news of the
world outside his immediate vicinity to a degree difficult of
comprehension today ; at the same time he was largely oblivi
ous of the news value of the events of his home neighbor
hood. One passion possessed his soul, apparently, and two
staple types of material filled the columns of his paper. His
passion was for politics, and political diatribe and disputa
tion comprised the really vital portion of the press of Wis
consin in the forties. For filler he had resort to poetry, fic
tion, and history, and the mediocrity of this class of material
is no less remarkable than the pugnacity and zeal displayed
in the political discussions.
Madison, the infant capital, and Milwaukee, the nascent
metropolis, were then, as now, the two chief news centers of
Wisconsin. From the village of Madison issued three ex
ceedingly self-conscious political "organs," one of the Whig
and two of the Democratic faith. Each of the two latter

SOME GENERAL OBSERVATIONS 13
spoke for a distinct faction of the party, however, and the
political vituperation directed by each against the other was
bitterer, if possible, than that emitted against their Whig
neighbor. At Milwaukee a situation somewhat resembling
that at Madison prevailed among the English papers, while
the Democratic Banner, Wisconsin's first German newspa
per, and its rival, the Volksfreund, displayed no less zeal for
politics than did their English neighbors. With two some
what important qualifications the press of Milwaukee may
be said adequately to have represented the political opin
ion of the entire eastern section of the territory. The Ra
cine Advocate represented much the same social and politi
cal constituency (immigrants from New England and New
York) as did the Milwaukee English papers, but it is worthy
of independent attention by virtue of its having been the
ablest-edited paper, probably, in Wisconsin. The Wauke
sha Freeman was the organ of the abolition element in Wis
consin. Apparently it was ably and vigorously edited, but
unfortunately, aside from certain scattering issues, no file
of the paper for the period in which we are interested has
escaped oblivion. For the population of the lead mine re
gion, sharply differentiated from the lake shore with respect
not only to origin and economic interests but also to politi
cal ideals and leaders, we have newspaper files for Platte
ville, Prairie du Chien, Lancaster, Mineral Point, and one
or two other places.
A study of these several newspaper files affords a remark
ably detailed conception of the political currents and devel
opments of the period of emergence from the territorial
status to that of independent statehood. With the sudden
ness, seemingly, of a western hurricane, there developed,
in the latter part of 1845, a demand on the part of the voters
for the admission of Wisconsin to the Union. For about a
year and a half the storm of political discussion raged with
out a single lull. During this time the ideas of the voters
as to the kind of government desired were formulated, the
election of delegates to the first convention (that of 1846)

14 WISCONSIN HISTORICAL COLLECTIONS
and the convention itself were held, and the great debate
over the question of ratifying the convention's work was
fought out. Notwithstanding the electorate and the conven
tion were both overwhelmingly Democratic, in the election
of April, 1847 the former rejected the handiwork of the lat
ter by a decisive majority vote. Thereupon, so far at least
as the statehood question was concerned, comparative calm
seems to have descended upon the troubled political waters.
Probably never since then have the people of Wisconsin been
absorbed in a political issue to the degree which prevailed
from January, 1846 to the election of April, 1847. The de
cision announced, statehood still lay a year in the future ; a
new convention must be held, and the framework of govern
ment still remained to be drafted. But the subject had been
talked out ; within broad lines the will of the electorate had
been made manifest ; if partisan rancor had not been stilled
it was at any rate largely diverted to other objects; and it
was taken for granted that the second convention would
frame a constitution which would harmonize with the desires
of the electorate. The newspaper discussion of the state
hood question for this latter period, therefore, dwindles to
insignificance in comparison with that indulged during the
earlier one.
In assuming our editorial task it has seemed wise to limit
the work to the immediate period of time in which the con
stitution of Wisconsin was formulated and admission to
statehood gained. There wove some discussions, and even
several elections, over tlie question of statehood prior
to 1846. With these, the historical introduction aside, the
present work does not deal; nor does it take cognizance of
constitutional developments which have come about since
the admission of Wisconsin to statehood. In any complete
history of the state the constitutional developments of both
the earlier and the later periods indicated would, of course,
require appropriate consideration. From the viewpoint of
constitutional origins in Wisconsin, however, they pale to in
significance when compared with the developments of the

SOME GENERAL OBSERVATIONS 15
two and one-half year period ending with Wisconsin's ad
mission into the Union. This consideration, taken in con
nection with the further one that hitherto no attempt has
ever been made to compile a comprehensive record of the
activities of the period in question, seems to afford adequate
reason for limiting the present work in the way that has been
proposed. With the field thus delimited, the editorial task involved,
although exceedingly laborious, has been comparatively sim
ple, the work falling by the natural logic of the situation
into four subdivisions. These may be described briefly as
the movement for statehood (latter months of 1845 to the
convention of 1846) ; the work of the convention of 1846 ;
the debate over ratification, ending with the election of April
5, 1847 ; and finally, the calling of the convention of 1847, its
work, and the ratification thereof by the electorate. To each
of these subdivisions, it is expected, a volume will be devoted.
The first of these is now in the hands of the reader. The
others will be published as promptly as the circumstances
of the case will permit. In view of the abundance of ma
terial available it quickly became evident that a selective -
principle must be applied to determine what should be in
cluded in, and what excluded from, our documentary record.
The compilation that has been made does not aim, therefore,
to include all the material which has been at the editor 's dis
posal. It does aim to present everything needful to a clear
understanding of the currents of thought and of politics in
the period under discussion, and it is believed that hence
forth no one, however specialized his interest may be, need
traverse anew the ground we have covered in performing
our editorial task.
In conclusion a few words may be said concerning a some
what technical aspect of the editorial work. The principle
that in making quotations or reprinting documents the origi
nal should be faithfully reproduced is a commonplace among
historical workers. It is not unfair to say, however, that in
their zeal for supposed scholarship many workers have mis-

16 WISCONSIN HISTORICAL COLLECTIONS
taken the letter for the spirit and have conformed to archaic
styles of spelling, typography, or expression as the case
might be when such compliance had in fact no real bearing
on the principle at issue. To the principle, sensibly inter
preted, we yield cheerful allegiance. But the historical edi
tor is not merely a slavish copyist ; precisely because he is
not his work differs from that of the typesetter or stenogra
pher. At every stage of his work questions calling for the
exercise of historical scholarship and scholarly discretion
are encountered. Were it not for this fact historical edit
ing would be not a scholarly profession but a purely mechan
ical calling. In performing our present task, while dealing
with source materials, we have commonly been without ab
solutely first-hand records of the things recorded. Perhaps
one-half of our material comes from newspapers. It would
be not merely pedantic but actually misleading to hold the
author of a speech responsible for the typographical style
or typographical blunders of the newspaper reporters and
compositors through whose agency it appeared in print.
Even in the case of the printed and the original manuscript
• journals of the two conventions errors both of omission and
of commission are sometimes in evidence. In the matter of
capitalization (in the manuscript journals) it is frequently
impossible to determine whether or not the writer intended
to use a capital. Confronted with such materials it seemed
perfectly clear from the outset of our work that the spirit
rather than the letter of the scholar's rule with respect to
faithful reproduction of original documents should be con
sulted. We have undertaken, therefore, to harmonize and
modernize with respect to typography; to correct obvious
misprints or similar errors in the papers reproduced; and
in general to apply to them what we conceive to be the true
editorial function of presenting the document to the reader
accompanied by such special aids to its proper understand
ing as the competent historical editor is supposed to pos
sess but which may not be expected of the average reader.

SOME GENERAL OBSERVATIONS 17
The editorial work has been prosecuted at such odds and
ends of time as might be found for it since 1915. The doing
of it under such conditions has necessarily operated to les
sen the zeal of the editor and to lower the quality of his out
put. Only those, who, under such circumstances, have per
formed a similar task, involving over a million words drawn
from diverse sources, are likely to appreciate either its la-
boriousness or the handicap under which it has been done.
A number of my assistants in the State Historical Library
have at different times aided me in the work. Grateful ac
knowledgment may here be made to Lydia M. Brauer and
Annie A. Nunns for assistance in transcribing the volumi
nous copy, and to Daisy Milward for helping to prepare
and see it through the press. With the issuance of further
volumes in the series additions will doubtless be made to
this roll. For the two following sections of the introduc
tion obligation is expressed to Dr. Louise P. Kellogg, of
the editorial staff of the State Historical Society, and to
Frederic L. Paxson, curator of the Society and professor in
the University of Wisconsin. The Index is the work of Dr.
Kellogg. M. M. Quaife.
Madison, September 1, 1918.

THE ADMISSION OF WISCONSIN TO STATEHOOD1
Like all territories Wisconsin had aspirations towards
statehood complicated, however, in this instance by the ques
tion of boundaries. The last of the states to be formed
from the Northwest Territory, both Michigan and Illinois
had encroached upon the territory originally allotted to Wis
consin by the Ordinance of 1787. It was the southern bound
ary question, however, that was chiefly involved in the
process of attaining statehood. Notwithstanding the fact
that for more than twenty years Illinois had exercised juris
diction over the disputed tract, Wisconsin's claims received
much consideration among its inhabitants, and influenced
the progress of the territory towards the goal of admission.
In his annual message in 1839 Governor Dodge recom
mended the legislature to consider the submission of the
question of statehood to the people at the next election. On
January 13, 1840 an act was passed embodying this recom
mendation with the proviso that a convention should be held
with delegates from northern Illinois to discuss the inclu
sion of their territory in the proposed new state. Only by
such a proceeding could there be a sufficient population to
justify application to Congress for admission. Agitation
quickly sprang up in the Illinois counties, and the majority
of their population was eager to cast in its lot with that of
the northern territory. Public meetings held at Galena and
Rockford passed strong resolutions favoring the measure.
Wisconsin people, on the contrary, took alarm at the pro
posal. Illinois was burdened with a heavy debt, and the
portion that must be assumed by the region desiring inclu-

1 From a manuscript history of Wisconsin to 1848 prepared for the State
Historical Society in 1917. 18

ADMISSION OF WISCONSIN TO STATEHOOD 19
sion in Wisconsin staggered the financiers of the territory.
Politicians were also fearful that their share of offices would
be diminished by the accession of a developed and thickly-
populated region like northern Illinois. A meeting for
Brown County held at Green Bay passed forcible resolu
tions against both statehood and the inclusion of any por
tion of Illinois. Most of Wisconsin's meager population
was unprepared to assume the liabilities of a state govern
ment. Therefore, at a special session of the legislature held
in August, 1840, the act of the preceding January was
amended by a resolution that the convention therein author
ized should not have the power to adopt a state constitution
or to declare the territory an independent state. The ter
ritorial press opposed the calling of the convention, urging
the people to be contented with their fortunate situation
wherein all expenses of territorial government were met,
not by taxes, but by the federal authorities. The Septem
ber vote was, as may be supposed, very small and almost
wholly against the proposition for a convention or for state
hood. In Dane County, for instance, but one vote was cast
in favor of the proposal.
This decisive defeat put a quietus upon the statehood
movement for the next two years. Meanwhile the Whig
party succeeded in 1841 to the control of the federal govern
ment, and one of its first measures was a law for the distri
bution to the states of the proceeds of the public lands. The
territorial Whig press thereupon began an agitation for
statehood in order to participate in the benefits of the dis
tribution. Governor Doty, the Whig appointee, had been
for many years an enthusiastic advocate of Wisconsin's
"original boundaries." In his first annual message in De
cember, 1841 he advised the consideration of statehood, in
order to secure the advantage of the distribution law. At
the same time he called upon the legislature to assert the
territory's right to the region of northern Illinois. The
legislature, under control of the Democratic party, was bit
terly hostile to the governor. The leader of the Council at-

20 WISCONSIN HISTORICAL COLLECTIONS
tacked the entire proposition in a partisan speech and a
resolution was passed that "the time has not yet arrived
when it [the consideration of statehood] is expedient." The
Whigs thereupon called a meeting at the capitol which dis
cussed the matter favorably, and passed resolutions for a
state government, and the boundaries of the Ordinance of
1787. The legislature, none the less, refused to consider the sub
ject, and the discussion went to the people. Most of the
newspapers of the territory, then numbering nine, came out
in opposition to statehood; about this time, however, the
Doty party secured possession of the Wisconsin Enquirer
at Madison, which began a series of editorials favoring the
state project. Doty even went so far as to send an official
message to Governor Carlin, of Illinois, requiring him to de
sist from selecting state lands in the disputed Illinois tract.
Doty's opponents claimed that he feared removal by the
federal government, and was providing a berth for himself
in the new state government he planned to establish. Be
this as it may, on August 18, 1842 he issued a proclamation
wherein without legislative sanction he summoned the peo
ple to vote at the September election "yea" or "nay" on
the question of state government and the original southern
boundary. The Democratic convention of the territory con
demned this measure as executive usurpation. The vote at
the September election was negligible, the 619 votes for and
the 1,821 against proving indifference rather than active
hostility to the attainment of statehood.
The next year Doty was still more deeply embroiled with
the Democratic majority of the territorial legislature. Nev
ertheless in his message, delivered in March, 1843, he re
verted to the proposition for a referendum on statehood.
The legislature refused to consider the question, but some
of the opposition suggested the advisability of such a move
ment in order to "shake off Doty's tyranny."
A new cleavage of opinion appears about this time. The
southern counties bordering on Illinois began to favor im-

ADMISSION OF WISCONSIN TO STATEHOOD 21
mediate statehood. Racine, for example, fast filling up and
establishing commercial connections with the northern Illi
nois villages adopted a memorial favoring a movement to
wards statehood and the inclusion of northern Illinois. The
northern Wisconsin counties, however, were still oppressed
by the dread of being overpowered by the southern in the
event of annexation. The Green Bay Republican, although a
Whig organ, declared that ' ' Few, very few, can be found in
favor of our admission to the Union at this time." Mean
while the Whig convention, which met in July, discussed
the advantages of a state government, and recommended the
measure to its constituents. Doty, following his precedent
of the preceding year, issued, August 23, 1843, a second proc
lamation charging the legislature with negligence in not
providing for a referendum on statehood, and claiming a
territorial population of over sixty thousand inhabitants.
These he summoned once more to vote on the question of a
state government, but omitted all reference to the inclusion
of Illinois. The vote was again very small, and except in
Racine County was adverse to the measure. That county
gave a majority of 251 in favor. The entire vote was 541
for and 1,276 against, less in actual numbers than that of
the preceding year. Ten counties, however, made no returns
at all.
Nothing daunted by this serious setback Doty returned
to the proposal at the December session of the legislature
of 1843. Almost his entire message was devoted to a dis
cussion of the importance of statehood, and the righteous
ness of Wisconsin's claim to "the integrity of her territorial
boundaries" and her ancient "birthright." The Milwau
kee Courier referred to the message as "the same old tune
on the same old string," but none the less new forces were
at work which compelled the consideration of the question
and removed it from the domain of party prejudice. The
growing size of the population could no longer be ignored.
All parties agreed that the requisite 60,000 inhabitants would

22 WISCONSIN HISTORICAL COLLECTIONS
be available before the territory could become a sovereign
state. The approach of a presidential campaign made the
politicians restive in a state of "babyhood and political vas
salage." The large foreign population desired to secure the
political privileges they had come so far to seek, all the more
that the Native American or Know Nothing party was ad
vocating their exclusion from the polls. The advantages of
statehood in stimulating immigration and the influx of capi
tal were held by many to outweigh the advantages of federal
care for the territory.
A remarkable change in sentiment animated the legisla
ture: the Democratic leaders, who had stoutly opposed the
measure in 1842 and 1843, now spoke enthusiastically not
only for state government, but for the maintenance of the
ancient limits. In the Council Moses M. Strong, chairman
of the committee on the "infringement of boundaries" pre
sented a long report covering the history of Wisconsin's
grievances. He declared that if these were not compensated
AVisconsin "would remain a state out of the Union and pos
sess, exercise, and enjoy all the rights, privileges, and powers
of the sovereign, independent state of Wisconsin, and if diffi
culties must ensue, we could appeal with confidence to the
Great Umpire of nations to adjust them." The Democratic
volte face was due to a desire to conciliate the foreign vote,
which the Whigs were alienating by a leaning towards Na
tive Americanism. About the time the Council report was
delivered a large German mass meeting was held in Milwau
kee which passed resolutions in favor of state government,
and prepared a petition with 1,200 signatures requesting the
right to vote for delegates to a constitutional convention.
In January, 1844 two bills passed the legislature : One pro
vided for a referendum on the subject of state government,
and if it carried, for the immediate calling of a constitu
tional convention; the other provided that "all the free white
male inhabitants * * * wno shall have resided in the
said territory three months" should be entitled to vote on

ADMISSION OF WISCONSIN TO STATEHOOD 23
the question of statehood and for delegates to a constitu
tional convention. The legislature also prepared a memo
rial to Congress reciting the wrongs the territory had en
dured by the infringement of its boundaries at the admis
sion of Illinois and Michigan, and under the Webster- Ash-
burton Treaty wherein (it was claimed) 10,000 square miles
of territory belonging to the fifth state of the Old Northwest
had been surrendered to the British government. So bellig
erent was the tone of this document that one representative
remarked it ought to be entitled "A declaration of war
against Great Britain, Illinois, Michigan, and the United
States." The memorial concluded by agreeing to accept
compensation from Congress in the form of desirable inter
nal improvements such as harbors, canals, and a railway.
It seems at the present time impossible that a document,
which one of its advocates admitted would arouse in Con
gress nothing but a smile, could have seriously occupied the
attention of the territorial legislature. Nevertheless the
memorial was passed by both houses and presented by the
territorial delegate to the House of Representatives, where
it was speedily suppressed in the committee on territories.
Had the vote on the subject of immediate preparation
for statehood occurred in April, 1844 it probably would
have carried, and Wisconsin might have entered the Union
before her western neighbor, Iowa. Both the Democratic and
the Whig press favored the measure, the foreign population
was eager to exercise its rights, and the Liberty party ele
ment desired additional northern members in both houses
of Congress. In the territorial press much attention was
devoted to the subject. The chief objections offered were
constitutional and economic. Some of the legal minds of
the community contended that a state could not be formed
without the concurrent action of Congress, and that it was
wiser to wait until an enabling act could be secured to place
Wisconsin on a proper footing. The financial obligations of
a state were much discussed, and the fear was freely ex-

24 WISCONSIN HISTORICAL COLLECTIONS
pressed that the necessary taxation would prove a heavy
burden to the young community, all the more that the distri
bution act had been suspended. Local considerations in
fluenced other voters. The Southwest was hostile to the
participation of foreigners, since this would give preponder
ance to the lakeboard counties. The new settlements on the
upper Mississippi and the St. Croix desired delay until a
new territory could be formed for their region. By mid
summer of 1844 interest in statehood had so waned that the
matter was seldom mentioned in the press, whose columns
were filled with the excitement of the presidential campaign.
The retirement of Governor Doty removed the executive sup
port for the measure. The Democratic leaders repudiated the
agency of their party in its favor, and declared that the ex
ecutive junta had forced them to dare to submit the measure
to the people. Rejection was anticipated, and at the Sep
tember election only 1,503 votes were recorded in favor to
5,343 against adopting a state government. Thus the fourth
attempt to secure a referendum vote in favor of statehood
for Wisconsin failed. Governor Tallmadge in his message
to the legislature of 1845 accepted the decision of the peo
ple as putting the matter at rest for the time being, and the
project was not revived until 1846.
In the meantime political conditions had been reversed.
The Democratic party had secured possession of the entire
territorial government. During the summer and autumn of
1845 the press continually agitated for a new referendum.
Two causes operated to change public opinion. One was the
growing population, which was believed to be twice the pre
scribed 60,000. The other was the penurious policy of Con
gress concerning territorial appropriations. In May, 1845,
the Madison Argus declared that Congress was trying to
drive the territory into a state government. A lesser influ
ence was dissatisfaction with the territorial judiciary, and
a desire to control the choice of judges. By 1845 the ques
tion transcended party differences. The Wisconsin Repub-

ADMISSION OF WISCONSIN TO STATEHOOD 25
Hcan stated that, whichever party succeeded at the fall elec
tion, statehood would become an immediate issue. Scores
and hundreds of the inhabitants were ready to change their
vote from the negative to the affirmative.
The differences of opinion were concerned with the method
of action. Some of the more aggressive papers suggested
that the time had come to form a state government and pre
sent the claim to Congress. "We need not," said the Madi
son Express, "stand like Iowa, hat in hand; we may go and
demand admission not as a favor but as a right." Other
more moderate counsels opposed action without congres
sional consent. The northern part of the territory pre
ferred the slower or congressional method, the southern part
desired immediate action by territorial authority.
As the event proved both methods were simultaneously
evoked. On January 9, 1846 Morgan L. Martin, territorial
delegate, obtained leave to introduce into the House of Rep
resentatives an enabling act for Wisconsin. This was re
ferred to the committee on territories, and in June re
ported by Stephen A. Douglas and passed. The Senate
concurred, and on August 6 the bill was signed by the Presi
dent. In the meantime Governor Dodge in his message
of January, 1846, recommended a statehood referendum to
the legislature. That body favored the measure, and ad
vised taking advantage of the situation. Florida and Texas
had both been admitted since any northern territory had en
tered the Union. Iowa and Wisconsin were expected to re
store the sectional balance in the Senate. The chief question
was still one of boundaries. The idea of laying claim to
northern Illinois had been dropped, but as Texas was intend
ed to be divided into several slave states, the problem was
to secure as many northern states as possible. It was con
tended that three states should be formed of the territory
north and west of Wisconsin and Iowa and east of the Red
River of the North. This would denude Wisconsin of a large
part of her northwestern region. The legislature passed an
act for the referendum in April without adverting to the sub-

26 WISCONSIN HISTORICAL COLLECTIONS
ject of boundaries. The benefit of a state government was
the theme of the legislative speeches ; control over finances,
over school and university lands, over the judiciary, and the
advantages of independency were the considerations urged.
The chief party difference was with regard to the foreign
vote, the qualifications for which had been amended in the
preceding legislature by the requirement of a six months'
residence, and a declaration of intended citizenship. The
Whigs wished to reduce the foreign vote to a minimum, but
the Democrats stood firm, and the referendum bill contained
the proviso unchanged.
After the adjournment of the legislature it was evident
that the statehood proposition would be accepted. All par
ties agreed that the territory would be the gainer by this
measure. The vote was 12,334 in favor, 2,487 in opposition.
On August 1, Governor Dodge apportioned the territory
for delegates to a convention to prepare a constitution. All
political parties nominated candidates and much interest
was taken in their election, which occurred on September
7. One hundred and twenty-five delegates were chosen, most
of them of the Democratic faith. The Whig members were
few, but their influence was important because of their tal
ents and ability. The entire convention was composed of
the ablest leaders of opinion in the territory. Organization
was effected October 5, by the choice of D. A. J. Upham, of
Milwaukee, for chairman, and Lafayette Kellogg, of Madi
son, as secretary.
The convention was in session eleven weeks and two days,
adjourning on December 16. The constitution it prepared
for the consideration of the people was radical and democrat
ic. Its chief model was the constitution and political prac
tice of New York, but independence of thought, and readi
ness to experiment were marked characteristics of the con
vention. The principal innovations were the banking pro
visions forbidding all banks of issue ; the judiciary arrange
ments for an elective system, and the nisi prius method of
state courts; the property rights of married women; and

ADMISSION OF WISCONSIN TO STATEHOOD 27
the exemption of the homestead from the creditor's claim
upon the debtor. The question of negro suffrage was left
for a special referendum, when the constitution's acceptance
should be determined.
During the convention personal and party differences
caused much friction. One of the leading members resigned
before the close of the session. The President in his clos
ing speech apologized for the lack of harmony, and hoped
the constituents would consider the difficulties under which
the convention had labored. Several of its members went
away with the avowed purpose of defeating the constitution
at the polls. Petitions were presented to the January leg
islature of 1847 urging the calling of another convention in
case the constitution should be rejected. During the dis
cussion of this measure strong speeches were made in op
position to adopting the constitution.
The opponents of the instrument were of no one party,
but the Whigs as representatives of the moneyed and busi
ness class disapproved of the banking and exemption clauses.
Ex-Governor Tallmadge was considered the commander-in-
chief of the anticonstitutional forces. The Liberty men op
posed ratification because negro suffrage was not embodied
in the instrument. One faction of the Democrats opposed,
apparently because the other faction approved. The entire
territory was divided into pro- and anticonstitution groups.
The banking clause and the married women's property and
exemption clauses raised a storm of opposition. The mass
of the people was influenced by the impassioned oratory of
the leaders. Mass meetings were held by both the "Friends
of the Constitution" and the "Anti-Constitution" groups.
Songs were written, liberty poles erected, and the populace
was stirred to the pitch where blows succeeded words as
arguments. Most of the voters had slight comprehension
of the radical propositions embodied in the constitution,
but influenced by party leaders they went to the polls April
6, 1847, prejudiced against the instrument and defeated its
adoption by a vote of 20,231 to 14,119.

28 WISCONSIN HISTORICAL COLLECTIONS
Before the constitution had been defeated, strong influ
ence had been used to prepare the way for a second con
vention should the work of the first fall to the ground. The
territorial press constantly agitated for a special legislative
session, and petitions bearing many signatures requested im
mediate action. It was much desired that a constitution
might be drawn in time to permit Wisconsin to take part
in the presidential campaign of 1848. Accordingly on
September 27, 1847 Governor Dodge issued a call for an
extra session of the legislature which took place October
18-27. Its sole business was to arrange for a new consti
tutional convention, and the only difficulty was the appor
tionment of members. A strong desire was evinced for a
small convention and the number of delegates was finally
fixed at sixty-nine and the date for assembling on the fif
teenth of December. These measures met with general ap
proval, nominations were quickly made, and the election of
delegates occurred on November 29. A few of the nom
inating conventions instructed their delegates; other candi
dates were closely questioned on the subjects of banking,
married women's rights, and exemptions. Few of the first
convention members were nominated a second time. The
choice resulted in a larger proportion of Whigs than Were
elected to the first convention, twenty-three of that party
being chosen to forty-six Democrats. The convention or
ganized with the election of Morgan L. Martin, chairman,
and Thomas McHugh, secretary. The constitution was intro
duced by a bill of rights, which had been omitted from the
earlier one. The fundamental law was drawn up on general
principles and the disputed features of the earlier consti
tution were omitted. The elective judiciary was retained;
exemptions and married women's property rights were left
to legislation; a harmless banking privilege was incorpo
rated. The convention finished its labors on February 2, and
the popular election was set for March 13. The Liberty
party was the only opposition element in the territory. All

ADMISSION OF WISCONSIN TO STATEHOOD 29
the press advocated the adoption of the new constitution.
One of the members of the first convention attempted to se
cure from the legislature the right for the people to vote
for the first constitution as well as for the second; but he
was unsuccessful. The Germans and Norwegians voted in
favor of the new instrument. The election on March 14
gave 16,417 votes in favor of the constitution and 6,174
against it. On April 8 the governor issued a proclamation
declaring the result, and on May 29, 1848 Congress formally
admitted Wisconsin to the Union. Louise Phelps Kellogg.

30 WISCONSIN HISTORICAL COLLECTIONS

WISCONSIN— A CONSTITUTION OF DEMOCRACY2
The political revolution of 1828 opened a period of twelve
years in which the Mississippi Valley, speaking through the
Jacksonian organization, controlled the destinies of the
United States. The movement saw itself as a revolt of the
people against autocracy and aristocracy; it was in fact an
uprising of the frontier against the older communities. In
the long run, as in every such revolt, it reached conclusions
which it sought to perpetuate in the form of constitutional
law. Its democratic aspirations were mingled, almost be
yond disentanglement, with the zeal of a new community for
easy wealth, and with the resentment of a debtor frontier
against the agencies of capital and law. But it left upon
American constitutional law an impress that lasted for two
generations. The constitutional contributions of Jacksonian democracy
are not to be measured by changes in the constitution of the
United States. That document had received its basic inter
pretation before the deaths of James Madison and John
Marshall, in the middle thirties. Although many Democrats
and many southerners professed themselves to believe that
the supreme court and the federal government were over
riding the state and the citizen, Jacksonian democracy had
little quarrel with the theory of nationalism. The frontier
was the home of the Democrats ; it had been the field of the
activities of the nation. It accepted the legal doctrines of
nationalism in the forties and fifties, and confined its own
constitutional development to a readjustment of its local
institutions. The propositions for amendment to the federal
constitution were most numerous in matters of detail cov-

' Originally published in the Mississippi Valley Historical Review II, 3-24,
with the title "A Constitution of Democracy — Wisconsin, 1847."

A CONSTITUTION OF DEMOCRACY 31
ering the appointment, removal, and pay of public servants,
and none on these or other topics was ratified between 1804
and 1865.3
In the state constitutions of the Mississippi Valley be
tween the panics of 1837 and 1857 are to be found the evi
dences of the reactions of Jacksonian democracy on govern
ment. Before 1837 the party was too young, and life was
too rosy in its promise, for introspection and amendment.
After 1857 a new party readjustment had come to the nation,
and the old issues were transformed. But between these
panics, and connected with them, is a period of interpreta
tion and theory, in which the "ultraism of the age"4 was
seeking to perpetuate itself in the Mississippi Valley, and
indeed throughout the nation. Every state from Kentucky
north made its attempt at constitutional revision. Wiscon
sin, still a territory, made a constitution in 1846, and an
other, under which it became a state, in 1847. Iowa, like
wise a territory, also rejected its first constitution of 1844.
to accept its second, of 1846. Missouri had made a new
fundamental law in 1845, but rejected it at the polls. Illi
nois adopted a new constitution which it framed in 1847, as
did Kentucky in 1849, Michigan in 1850, and Ohio and Indi
ana in 1850-51.
Not only were the constitutions of the Mississippi Valley
revised to meet the experiences of the new democracy, but
the revisions wore well. Says MeMaster : ' ' That the finan
cial, the industrial, the economic conditions through which
the people were passing, that their changed ideas of the
duties of the state, their juster conception of the social and
political rights of man, their struggles for a better life,
should find expression in their constitutions of government,
as well as in the statute books was inevitable."5 Confidence
in the people was basic in these constitutions. "The major-

3 H. V. Ames, Proposed Amendments to the Constitution of the United
States (American Historical Association, Annual Report, 1896), 20, 325, 366.
4 Charleston [S. O.J Courier, August 18, 1845.
"J. B. MeMaster, History of the People of the United States (New York,
1884-1913), 7, 162.

32 WISCONSIN HISTORICAL COLLECTIONS
ity of the people always do right, they cannot be deceived,"
wrote one of the Democrats, exultant in his election to a
minor office.6
The states were establishing in this period, throughout
the Union, a durable type of local government. Of the eight
new constitutions adopted between 1829 and 1838, the aver
age life was thirty-two years. There were twenty constitu
tions adopted in the United States between 1838 and 1859;
of these six had an average life of only eighteen and two-
thirds years because of the changes occasioned by the Civil
War ; and four were renewed in an average of twenty-seven
and one-half years from other causes. The remaining ten
constitutions of this period outlasted the century, and eight
of them were yet in force in 1915 : Rhode Island, 1842 ; New
Jersey, 1844; Wisconsin, 1847; Indiana, 1851 ;7 Iowa, 1857;
Minnesota, 1857; Oregon, 1857; and Kansas, 1859. Two,
Michigan, 1850, and Ohio, 1851, lasted more than half a cen
tury before they were replaced. All the upper Mississippi
Valley states framed constitutions and expressed in perma-
ment form the democratic ideals of the Democratic party.8
The most permanent of these western Jacksonian consti
tutions was that of Wisconsin, under which the territory be
came a state in 1848. In 1914 it was still in force, and in
that year a decisive expression of opinion was given by the
people against any considerable modification of it.9 It
shows in its provisions the forces that were at large in the
second quarter of the nineteenth century in the Democratic
party and Democratic society. It is longer than constitu
tions of earlier periods, longer even than the average of its
own period, and illustrates the prevailing tendency to write

" J. G. Davis, Rockville, Indiana, April 3, 1833, to G. Cornelius, Pittsburg,
Kentucky; manuscript letter in the possession of J. G. D. Mack.
T J. A. Woodburn, "Constitution Making in Indiana," in Indiana Magazine
of History, 10:237-255 (September, 1914).
s Emlin McClain, "The Constitutional Convention and the Issues Before
It," in B. F. Shambaugh, Fiftieth Anniversary of the Constitution of Iowa
(1907), 164.
•Ten "progressive" amendments were defeated by heavy popular majori
ties, in November, 1914.

A CONSTITUTION OF DEMOCRACY 33
distrust of the legislative, executive, and judiciary into
fundamental law.10
The settlement of the Northwest, where the head of the
Great Lakes approaches the upper Mississippi Valley, made
little progress before the panic of 1837. Only the beginnings
of occupation of Iowa and Wisconsin had been made before
that time. With cheap land easily obtainable in Illinois,
Indiana, and Missouri, under the land law of 1820, or from
states that had received it as a gift from the United States,
there was small temptation for the pioneer to push beyond
these states. The land soaked up the emigrants until its
best sections were saturated; then and then only the wave
followed the easiest routes on, into remoter fields. Before
1837 the skeleton of government had been created northwest
of Illinois, but only the skeleton.
The prospective admission of Michigan in 1836 led Con
gress to reorganize the territory between that state and the
Missouri River as the territory of Wisconsin. Already a
few settlers had come through the lakes to the Chicago-Mil
waukee shore, or up the Mississippi to the Black Hawk pur
chase and the lead mines around Galena, Dubuque, and
Mineral Point. In 1838 Wisconsin territory was divided,
Iowa being created in its trans-Mississippi section, and the
population on both sides of the river began to grow rapidly.
Iowa was nearer to settled regions than Wisconsin, and
once development began, Iowa grew more homogeneously
than its parent. By 1846 Iowa was ready for admission,
with a population of 96,000,11 drawn largely from Missouri,
Illinois, Kentucky, and the Ohio Valley. Wisconsin was
ready two years later, with a larger but less homogeneous
population. Its western counties resembled the social ad-

10 Of thirteen constitutions adopted 1776-1780, the average length is 9.9
pages of Thorpe; thirteen adopted 1781-1810 average 12.7 pages; nine
adopted 1811-1821 average 15.2 pages; twenty-two adopted 1822-1852 aver
age 19.5 pages.
11 The Census Returns of the Different Counties of the State of Iowa, 1859,
insert, 3.

34 WISCONSIN HISTORICAL COLLECTIONS
mixture of Iowa. Its Michigan shore had received a pre
ponderance from New York and Ohio, Canada and New Eng
land. Even in 1846 its eastern and western regions had not
coalesced, and between Madison and Lake Mills the traveler
along the territorial road found a wide zone — a social vacuum
— of open lands.12 In both states, however, the Democratic
ideas of the Mississippi Valley prevailed, and can be meas
ured by the evidence of the new constitutions.
Both Iowa and Wisconsin drew much of their population
from regions that had passed through the acute frontier
stage about 1820, had aided the Jacksonian campaigns of
1824 and 1828, and had suffered economic distress in the
panic of 1837. This distress had started many settlers
towards the Northwest. ' ' The great rage even here in this
part of Ohio," wrote a New York emigrant in 1837, "is to
sell and go West! The country here scarcely looks like
new country as here are very few log huts to be seen and
thickly settled as Long Island."13 Predisposed to democ
racy they were governed by Democrats, since Jackson, Van
Buren, Tyler, and Polk appointed most of the territorial of
ficials, who in turn organized the territorial parties. Even
the few Whigs who ruled among them were Democratic, and
the appointees of a frontier hero, William Henry Harrison.
The first Iowa constitutional convention met in 1844, with
the Democrats in control of more than two-thirds of its dele
gates. It provided for Democratic publicity by admitting
editors to "seats within the bar of this House," chose a
president who realized that Iowa was "in the midst of an
important revolution,"14 and listened complacently while
one of its delegates approved the doctrine of the Rhode
Island clergyman who had prayed in a public meeting for
"the election of Polk and Dallas, and the triumph of Demo-

u Milwaukee Sentinel and Gazette, September 14, 1846.
" G. M. Smith, Carthage, Ohio, February 22, 1837, to E. A. Smith, Hemp
stead, Long Island; manuscript letter in the possession of J. G. D. Mack.
MB. F. Shambaugh, History of the Constitutions of Iowa (Des Moines,
1902), 176-178.

A CONSTITUTION OF DEMOCRACY 35
cratic principles."15 The resulting constitution was defeat
ed because of the double weight of Whig opposition to a
Democratic document, and the obnoxious boundary which
Congress was trying to force upon Iowa.
The second Iowa convention sat in 1846. It, too, was
strongly Democratic, and its constitution reembodied the
ideals of Jasksonianism. In the canvass for ratification the
Whigs continued in opposition, but the boundary question
had been eliminated through surrender of Congress, and the
constitution was adopted. Two months after its adoption
the rest of the upriver region, Wisconsin, took up the simi
lar task of framing a Democratic constitution for a frontier
state, and assembled in convention in the village of Madison.
The movement for statehood in Wisconsin, as in Iowa,
began earlier among the politicians than among the citizens
at large. The force of pioneer conditions was to make the
average cititzen somewhat indifferent to formal law and
legal institutions. The official, however, was not only pro
fessionally interested in the creation of jobs, but was in a
position to see the inadequacy of territorial machinery and
the need for more definite institutions. Some of the officials
tended to grow out of Democratic mold and become what
their fellow citizens regarded as too autocratic. When
Arthur St. Clair wrangled with the Jeffersonian Democrats
in Ohio there was no surprise, for St. Clair was an old school
Federalist. But in Iowa in 1839 the Democratic terri
torial house resolved that its Democratic governor, Robert
Lucas, was "unfit to be the ruler of free people."16 This
same Lucas talked statehood for Iowa long before the people
accepted the notion. Henry Dodge did the same across the
river in Wisconsin.
As early as 1838 Governor Henry Dodge recommended
that a vote on statehood be taken in Wisconsin territory.

" Iowa Capital Reporter, quoted in B. F. Shambaugh, Fragments of De-
hates of the Iowa Constitutional Conventions of 1844 and 1846 (Iowa City,
1900), 178.
" Shambaugh, History of the Constitutions of Iowa, 140.

36 WISCONSIN HISTORICAL COLLECTIONS
He continued in this belief, but not until 1841 would the legis
lature consider the matter seriously; in that year a referen
dum on the subject polled only 591 votes, of which 499 were
adverse.17 In 1843 and again in 1844 later referendums were
taken, and statehood was each time defeated. Only in 1846
did a feeling for autonomy spread widely through the terri
tory. Early in this year the legislature provided for holding
a constitutional convention, while Congress cooperated, in
June, by passing an enabling act. Like other sections of the
old Northwest, Wisconsin did not feel the need of an en
abling act as a condition precedent to constitutional con
struction. It relied upon the general pledge of the Ordinance
of 1787 as sufficient authority. The people of the territory
ratified the call for a convention by an overwhelming vote
in April, 1846. The census taken that summer revealed a
population of about 155,000 in the territory, as against 18,-
000 in 1838.18
The Wisconsin convention that met on October 5, 1846,
was a Democratic body performing a public task in the spirit
of a party platform.19 Like both Iowa conventions, like the
Louisiana convention of 1844-^5, and the Texas convention
of 1845, it believed that its party interests were the interests
of society. Its model was the work of the New York conven
tion that sat in the summer of 1846. Prosperity was again
upon the country and men looked forward to a long period of
development under the safeguards of democratic principles.
"The day of 'depression' has gone by. The last year wit
nessed a great and increasing improvement in the general

"F. L. Holmes, "First Constitutional Convention in Wisconsin, 1846."
In Wisconsin Historical Society, Proceedings, 1905, pp. 227-251, with an ex
cellent bibliography.
"Census Enumeration of the State of Wisconsin, 1905, p. vi; see Census
Enumeration of the State of Wisconsin, 1895, pp. vii, x, xi, for shaded popu
lation maps; cf. R. G. Thwaites, "The First Census of Wisconsin Territory,"
in Wisconsin Historical Collections, 13, 247-270. In 1846 the population
was 153,277, with three counties unreported. Proclamation of Governor
Henry Dodge, August 1, 1846, in Wisconsin Democrat, August 1, 1846.
"There is no stenographic report of the debates, but there is a Journal
of the Convention to Form a Constitution for the State of Wisconsin (Madi
son, 1847).

A CONSTITUTION OF DEMOCRACY 37
business of the country, and the cry of 'hard times' is no
more heard in the land. ' '20 In the resulting Wisconsin consti
tution are preserved records of the hard times and the pros
perity, the influx of immigrants and the southern ante
cedents of southwest Wisconsin, the spirit of the frontier,
and the temper of the Democratic party.21
"Most of the members of the convention are Locos [Lo-
cofocos or Democrats] of the radical stamp,"22 wrote a
neighboring editor a week after the body assembled. It was
a sound judgment, for although the body included ' ' the Ret
rograding Democracy, the Progressive Democracy, and the
Whigs"23 it was under the control of the progressive, young
democracy wing, whose members were derided as "Tad
poles" and "Barnburners," and who frankly differentiated
themselves from the "Rip Van Winkles of Old Hunker-
ism."24 The "striking dissimilarity between the habits and
customs of the people of the Mississippi Valley and the old
Eastern States,"25 was reflected in the sections of Wiscon
sin, and a clear tendency existed among Wisconsonians of
southern antecedents to oppose the aims of conservative
Democrats. The southwesterners were unable to elect their
nominee, Moses M. Strong, of Mineral Point, as president of
the convention, but they succeeded in obtaining a man of
their own opinions, Don A. J. Upham, of Milwaukee, for that
office. Upham was opposed to banks, and had the support
throughout the convention of a journal started in Madison
early in 1846 to advance the interests of the radicals, the
Wisconsin Democrat.26 "A 'Tadpole' as we understand it,

20 Baltimore Sun, January 2, 1845.
aA valuable guide to the materials upon the convention is Florence E.
Baker, "A Bibliographical Account of the Wisconsin Constitutional Con
ventions," in Wisconsin Historical Society, Proceedings, 1897, 12.3-159.
"Lake County [III.] Herald, quoted in Milwaukee Sentinel and Gazette,
October 12, 1846.
23 Madison Wisconsin Democrat, October 10, 1846.
"Ibid., January 27, 1846.
*>Ibid., November 28, 1846.
MIt appeared January 10, 1846, expressing its aim in its first issue; cf.
Madison Argus, May 25, 1847; Milwaukee Sentinel, January 22, 1846;
Moses M. Strong, History of the Territory of Wisconsin (Madison, 1885),
508.

38 WISCONSIN HISTORICAL COLLECTIONS
is a defaulter,"27 said the Madison Argus, with a bitterness
increased by its inability to meet the competition of the Dem
ocrat. The early procedure of the convention contained no pecu
liarities. It appointed standing committees to consider va
rious aspects of the constitution and slipped into regular
habits as easily as if constitution-making were a daily prac
tice for its members. Within a few days the committees
began to report tentative articles, and real debate was en
tered upon.
It had been anticipated that the great issues before the
convention would be judiciary and finance,28 and the report
presented from the committee on banking by Edward G.
Ryan, of Racine, precipitated the great debate. Ryan had
already determined upon the outlines of his banking section
when he was appointed chairman of the committee on October
8, three days after the assembling of the convention.29 The
next morning he reported his draft to the convention, with
out assembling his committee or, apparently, even consult
ing his associates.30 The recent failure of the Oakland Coun
ty Bank, of Michigan, "one of the last of the 'wild cat'
brood,"31 had provided a text for the Democrats who de
manded the extinction of all banks. "Let our neighbors of
the Sentinel ask the farmers ' Shall we have banks in Wiscon
sin?' 'No!' will be their united hearty response,"32 de
clared the Milwaukee Courier, adding that throughout the
lead region merchants, mechanics, and laborers joined in
the repudiation. "Draco, who wrote his code in blood was a
mild and humane legislator compared with Mr. E. G.
Ryan,"33 declared the Sentinel when it read his proposed
article, which prohibited the incorporation of banks, the

27 Madison Argus, October 5, 1847.
28 Milwaukee Sentinel and Gazette, September 22, 1846.
20 Journal of the Convention, 1846, p. 24.
30 Ibid., 38; statement of M. S. Gibson, of Fond du Lac.
"Milwaukee Sentinel and Gazette, October 17, 1846.
32 Milwaukee Courier, October 14,1846.
28 Milwaukee Sentinel and Gazette, October 15, 1846.

A CONSTITUTION OF DEMOCRACY 39
issuance of notes as money, and the receiving or passing of
bank paper, under heavy and specific penalties.34
With the introduction of the banking section the definitive
struggle of the convention was begun. Its opponents of
fered as alternative a system of free banking under general
laws, while John H. Tweedy, of Milwaukee, a young Whig
with a growing influence, pressed upon the convention the
free system that New York was on the point of adopting in
the constitution just framed.35 "How many settlers are
there now in our territory," inquired the leading Whig
paper, "who have been compelled to borrow the money with
which they bought their lands, at 15, 20, 25, aye 50 per cent
interest? — Do they think that money would command such
exorbitant rates if we had good banking institutions
here?"36 But the older residents of the territory had too
keen a recollection of the depreciation and bankruptcy that
followed the panic of 1837 to yield to such appeals. Texas,
in 1845, had prohibited banks and the president of its con
vention had praised Jackson most because "he had the honor
of giving the blow which will eventually destroy them
[banks] on this continent."37 The antagonism had spread
up the Mississippi Valley. The unratified Missouri consti
tution of 1845 had flatly forbidden the creation of any bank
of issue.38 Iowa, in 1844, had required that no bank charter
be issued until approved by popular vote ; and in 1846 had
gone further, and had forbidden the creation of any bank.39
And Illinois, in 18'47, was in the act of restricting the crea
tion of banks to those whose charters had been accepted by
popular vote.40

34 Journal of the Convention, 1846, p. 27.
35 Ibid., 60; Milwaukee Sentinel and Gazette, October 9, 22, 1846; C. J. Lin
coln, Constitutional History of New York (190i6), 2, 196.
36 Milwaukee Sentinel and Gazette, October 17, 1846.
37 Thomas J. Rusk, in Texas Convention Debates, 1845, 461; F. L. Paxson,
"The Constitution of Texas, 1845," in Southwestern Historical Quarterly,
1915. 38 Missouri Convention Journal, 1845, ap. 52.
39 Shambaugh, History of the Constitutions of Iowa, 226, 303.
» Journal of the Convention . . . altering, amending, or revising the
Constitution of the State of Illinois (Springfield, 1847), 565. In 1862 an-

40 WISCONSIN HISTORICAL COLLECTIONS
The sectional interests of Wisconsin territory thrust a
plane of cleavage through the Democratic party which in
the other western states was nearly unanimous in its hostil
ity to banks. Many of the newcomers were from the eastern
states and were in sympathy with the Hunker faction of the
dominant party. Some of these tended to act with the Wis
consin Whigs. A Milwaukee correspondent of Moses M.
Strong admitted that "on banks and banking there is some
difference of opinion among Democrats ' ' but his wish, as
late as December, 1846, still fathered the thought that "the
voice of the Democracy says no banks."*1
Moses M. Strong, Ryan, and the antibanking extremists
controlled the final phrasing of the article. The pains and
penalties were ultimately omitted, but small bills were left
under the ban, those of ten dollars being prohibited after
1847 and those under twenty dollars after 1849. The fac
tions developed by the banking debate continued throughout
the session.
The rest of the constitution was subordinate in its inter
est to the banking provision. A framework similar to that of
other states was readily agreed upon. Much comfort was
found in the decisions, often quoted, of the Iowa, Missouri,
and New York conventions. Only here and there did novel
ties creep in. Judiciary and suffrage represented problems
on which all the new constitutions had to take stand ; home
stead exemption and married women's property rights re
flected the radicalism that was in the saddle.
The election or appointment of judges was the question at
the crux of the judiciary problem. The eastern members of
the convention came from states in which long-time appoint
ive judges administered the law. The western members had

other Illinois convention framed a constitution, known by Republicans as
"the Egyptian swindle," because of its popularity in the southern end of
the state, and inserted in it, by Democratic votes, a complete prohibition of
banks and bank notes. O. M. Dickerson, The Illinois Constitutional Con
vention of 1862 (University of Illinois Studies, 1, no. 9 — Urbana, 1905), 404.
" J. W. Helfenstein, Milwaukee, to Moses M. Strong, December 2, 1846, in
Moses M. Strong MSS. in Wisconsin Historical Society.

A CONSTITUTION OF DEMOCRACY 41
had a wider experience with the new Democratic theory of
short term and election. But uniformity of opinion was ab
sent. Ryan, later to be a great chief justice of Wisconsin,
was bitterly opposed to the elective principle, although he
did much to shape the other details of the article.42 The
radical Milwaukee Courier, though itself preferring election,
was willing to print certain letters of one "Ormond," advo
cating appointment — and such tolerance of opinions was not
usual in the Wisconsin papers of the day.43
There was a general agreement with "Ormond" that the
constitution "must be Democratic in order to satisfy the
people of Wisconsin." As to what was Democratic, there
was a tendency to look to New York, where men were study
ing the Mississippi precedent of 1832. Mississippi had
framed its second constitution in this year, adopting the
elective principle for judges. J. A. Quitman, a New Yorker
who had associated himself with Mississippi and who later
became its governor, wrote in 1845 to the editor of the Dem
ocratic Revieivu that although opposed to this method of
choice at first he had come to beheve it entirely good. John
Bigelow45 was using this letter, with other Democratic ma
terials, in a series of papers on constitution-making that he
wrote for the Democratic Review about this time, and that
now remain the best general statements of Democratic
theory. And Bigelow was a Barnburner, or Progressive. It
was another victory for the liberal faction in Wisconsin when
the convention determined that the courts should be filled by
election rather than by "the Old Hunker method of appoint
ment."46 Ryan, though he opposed election now, lived to
approve his defeat.
The eagerness of all factions to conciliate and get the
votes of immigrants made the definition of the suffrage

"Strong, History of the Territory of Wisconsin, 516; John B. Winslow,
Story of a Great Court (Chicago, 1912), 5.
43 Milwaukee Courier, August 14, September 30, 1846.
"Democratic Review, 418 (June, 1846).
45 John Bigelow, Retrospections of an Active Life (New York, 1909), 1, 670.
" Wisconsin Democrat, October 31, 1846.

42 WISCONSIN HISTORICAL COLLECTIONS
franchise a matter of political importance. The convention
itself, under the territorial law which called it, had been
chosen by white males, twenty-one years of age, citizens of
the United States or aliens who had filed their declaration
of intention to become citizens, who had resided six months
in the territory and ten days in the county.47 Every month
population was jumping upward, and by its distribution into
unexpected regions was affecting the political balance. Be
tween the censuses of June, 1846, and December, 1847, the
growth was from 155,000 to 210,000,48 the increase including
nearly enough voters, under the liberal election law, to give
control to whichever faction they should support. Many of
the newcomers, whose votes all factions wanted to secure,
were foreign born, complicating the problem of residence
with that of nativism.
In the political breakup of the thirties, Native American
ism came to the front as it has often done in such periods of
party dissolution. In general the Whig party, which was in
the East the party of conservatism and property, was in
sympathy with nativism and the protest against the foreign
er ; but in Wisconsin there was small difference between the
Whigs and Democrats, since both parties exerted themselves
to welcome the unnaturalized.
The convention worked at length over the question of ex
tending the suffrage to negroes, but, without serious divi
sion, it fixed the qualifications for whites. It extended to one
year the residence term for all, and required, in addition, of
aliens who had filed their intention papers, an oath to sup
port the Constitution of the United States.49 To many of the
foreigners this oath was an affront. They had been allowed
to vote for members of the convention itself on residence,

"Laws of the Territory of Wisconsin, 1846, 9. The second Wisconsin
convention was chosen by electors having the same qualification, but elim
inated the offensive oath from the constitution which it made. Laws of the
Territory of Wisconsin, special session, 1847, 4.
48 Madison Argus, January 11, 1848; April 18, 1848.
"Journal of the Convention to Form a Constitution for the State of Wis
consin, with a Sketch of the Delates (Madison, 1848), 604.

A CONSTITUTION OF DEMOCRACY 43
but now they were to be required to meet an additional test
before voting upon the adoption of the constitution. The
United States naturalization law, under which they had
made their declaration of intention, did not require an oath
of allegiance at this point.50
The oath was retained in the article finally adopted, in
spite of protests, but the schedule, in section nine, relieved
from the oath persons already in Wisconsin who had been
eligible to vote for members of the convention.51 This con
cession seems to have accomplished its purpose, since
among the few counties voting "aye" on the adoption of the
constitution was Washington County, into which the foreign
ers had "commenced to swarm" in 1841, and where Ger
mans "became the predominant race as early as 1850. "52
In no respects did the constitution reflect the marginal re
forms of the day more sharply than in the article on home
stead exemption and married women's rights. In the pre
vious half century imprisonment for debt had been under
fire, and clauses forbidding such punishment are to be found
in many of the early constitutions. The frontiersmen now
advanced the restriction of the forcible debt-collecting proc
ess one stage further in the interests of their society. In
the panic of 1837, and its aftermath, they had seen the dan
ger of eviction. They knew the low prices prevailing at
forced sales, and many of them had taken part in discourag
ing speculators from buying foreclosed lands. Forced sales
meant to them the loss of the equities, in which alone were
the accumulations upon which they based their hope of fu
ture prosperity. Texas, in 1845, with a population drawn
from Tennessee and its vicinity, had adopted a clear exemp
tion clause, allowing to each citizen a minimum of property
which no creditor could attach. California was to take up
the principle in 1849. Wisconsin now accepted it. "So it

50 F. G. Franklin, The Legislative History of Naturalization in the United
States from the Revolutionary War to 1861 (Chicago, 1906).
51 Journal of the Convention with Debates, 1847, '649.
"History of Washington and Ozaukee Counties, Wisconsin, 557.

44 WISCONSIN HISTORICAL COLLECTIONS
should be," said the Louisville Democrat, commenting upon
the Texas clause, "if a man's moral worth will not entitle
him to credit, the possession of property should not add to
his credibility."53 Before the Wisconsin convention met,
every Democratic paper in the territory, except the Hunker
organ, the Madison Argus, Was reported as favoring the
principle of exemption of a reasonable amount of property
from forced sale,54 and many of them reprinted the same
approving arguments that Bigelow had used in his article
in the Democratic Review.55 In Michigan the legislature
was preparing to embody the principle in a statute,56 and in
future years the idea was to become an undisputed part of
the guarantees that were habitually stated in the bills of
rights. But when adopted for Wisconsin, the Whigs inter
preted exemption as repudiation, and the conservative Demo
crats, already out of sympathy with the faction in control
of the convention, made it an additional ground for com
plaint. Marshall M. Strong, of Racine, was a consistent opponent
of the more progressive measures, and upon the last, the
recognition of the right of married women to the independ
ent control of their own property, his indignation became
so explosive that on December 7 he resigned his seat in the
convention, and went home to organize the defeat of the
constitution.57 His secession marks the open split in his
party in the territory, and so far as the constitution is con
cerned is the beginning of the end.
Just where the married women's clause originated is not
clear. It appeared first in Texas in 1845,58 and was adver
tised by Bigelow 's approval in the Democratic Review. It

03 Quoted in the Mineral Point [Wis.] Democrat, October 15, 1845.
" Wisconsin Democrat, August 22, 1846.
M Holmes, "First Constitutional Convention in Wisconsin," in Wisconsin
Historical Society, Proceedings, 1905, 243.
"Kalamazoo [Mich.] Gazette, quoted in Milwaukee Courier, August 26,
1846 ; Southport '[Wis.] American, May 12, 1848.
'"Journal of the Convention, 1846, 428; Strong, History, of the Terri
tory of Wisconsin, 525—529; cf. Racine Advocate, quoted in Wisconsin Demo
crat, April 15, 1847.
w Texas Convention Debates, 1845, 600 et seq.

A CONSTITUTION OF DEMOCRACY 45
may have been suggested to Texas by certain separate-estate
provisions of Spanish law, but whatever its source, it found
quick response throughout the frontier, where was already
a tendency to improve the status of women, and where in
the next generation the colleges were opened to them, and
in the next, the franchise. In vain the opponents of the
clause cited Scripture in the hope of proving marriage to be
an indivisible partnership, into which all the property of the
woman ought to be merged. When the article was approved
in convention, Whigs and Hunkers alike found in it addi
tional reason for keeping up their attack upon the whole con
stitution. The Wisconsin convention met on October 5, 1846, and
adjourned on December 16.59 It provided that its constitu
tion should come before the people in the following April,
but the prospect of ratification was already slight. The bolt
of Strong, of Racine, was too great a blow to be offset even
by the violent efforts of his fellow-townsman, Ryan. "To
him [Strong] chiefly," wrote the conservative Milwaukee
correspondent of the Madison Argus, "will belong the honor
of saving 'our beloved Wisconsin' from being converted into
a Fourier phalanx playground for lunatics and idiots."60
But Ryan kept up his courage and his advocacy. In Decem
ber he wrote to Moses M. Strong: "We are going to have
a hard pull here to carry the constitution : but we shall yet
be able to do it handsomely in almost all the county. Your
namesake here says and does nothing so far as I can learn.
* * * I am clear that the party stands or falls with the
constitution. ' '61
The party was already threatening to fall without the

00 In the absence of a stenographic report of debates, the occasional
speeches that were given out by their makers and were printed in the local
papers, have great value in measuring the forces at play in the convention.
There is a bibliography of these published speeches in Florence E. Baker,
"A Bibliographical Account of the Wisconsin Constitutional Conventions,"
in Wisconsin Historical Society, Proceedings, 1897, 123-159.
" Madison Argus, March 9, 1847.
31 E. G. Ryan, Racine, to Moses M. Strong, December 27, 1846, in Strong
MSS., in Wisconsin Historical Society.

46 WISCONSIN HISTORICAL COLLECTIONS
constitution. Polk had weakened his hold upon the West
by his veto of the river and harbor bill in 1846. He had
alienated many of the eastern Democrats by forcing
a new, low tariff through Congress at the same time. His
Whig generals, in the pending Mexican War, were injuring
the administration when they were inactive and were threat
ening it when they were successful. Taylor, by his victory
at Buena Vista, on Washington's birthday, 1847, elevated
himself to the head of the presidential column of countless
Whig papers. And in Wisconsin the cleavage between the
Democratic factions was widened when the emigrants from
New York formed an "Excelsior" society in Milwaukee and
emphasized their difference from the southwesterners. A
new balance was felt in Wisconsin. As Byron Kilbourn
wrote later in the spring : ' ' The Territory has been repre
sented from the West and North exclusively, while the
Southeast has more people than both, and as important in
terests to care for."62
By the end of March, 1847, the "rage for the constitution"
had "swallowed up all other rages, and now itself rages tri
umphant. Constitution meetings and anticonstitution meet
ings are the order of the day."63 Ryan, who was fighting an
uphill battle among the easterners, was becoming less opti
mistic. "The opposition may talk about married women and
exemption, but here along the Lake Shore, at all events, the
real opposition is to the restrictions against banks, internal
improvements, and state debt. A new convention, elected
as it would be by the opponents of the present constitution
if they succeed now, would give us all the old brood of cor
ruption."64 Another of the correspondents of Moses M.
Strong wrote a little later, from Madison, that he had found
"opponents, who fearlessly took ground in favor of the es
tablishment of banks, regular wild cats, in this state, and

"B. Kilbourn, Milwaukee, to Moses M. Strong, June 1, 1847, in Strong
MSS., in Wisconsin Historical Society.
" Madison Argus, March 30, 1847.
04 E. G. Ryan, Racine, to Moses M. Strong, February 18, 1847, in Strong
MSS., in Wisconsin Historical Society.

A CONSTITUTION OF DEMOCRACY 47
declared that the constitution must be defeated for their
establishment. The opponents are open east of this in de
claring and preaching for banks; probably they think you
of the West will not hear of it in time to counteract them.
So take care. Tell the boys what the eastern bankites are at
and make old Iowa [county] toe the mark, and put her veto
to the banking, swindling, operations of Mitchell65 and his
hireling. If this constitution be rejected there will not be
another one formed in Wisconsin which will have that
clause."66 Another Democrat, writing from a northern
county to Morgan L. Martin, the territorial delegate to Con
gress, declared: "I must tell you what you ought to have
known long before, that is that the people of this section
are much and very strongly in favor of the exemption, and
they expect their representatives to go to the death for it.
* * * Especially are the Democrats in favor of it because
it is a Democratic doctrine."67 In Milwaukee the advocates
of the constitution were singing at their rallies :
"The federal party can't endure,
So much indulgence to the poor;
The bank democracy begrudges
The people's power to choose their judges;
The married woman's clause they say,
With grief will turn each husband grey;
But still the worst of all disasters,
Is banishing their dear ' shinplasters. ' " 68
"Take it as a whole," said the Argus, which was lukewarm
in its support, "we believe it to be the most liberal document
of the kind ever submitted to the people of any state."69

6S The Wisconsin Marine and Fire Insurance Company, of Milwaukee, did
a general banking business under the direction of Alexander Mitchell, and
provided Wisconsin with a paper currency. Its charter was repealed by the
legislature in 1846, but it continued in its business in spite of this, and upon
it was focused the hatred of the antibank group.
"J. G. Knapp, Madison, to Moses M. Strong, March 21, 1847, in Strong
MSS in Wisconsin Historical Society.
•'Anonymous, Fond du Lac, to Morgan L. Martin, January 3, 1847. In
Wisconsin MSS., 12C17, in Wisconsin Historical Society.
M Wisconsin Democrat, March 20, 1847.
"Madison Argus, March 30, 1847.

48 WISCONSIN HISTORICAL COLLECTIONS
The election, held on April 6, 1847, justified the hopes of
the Whigs and their Hunker allies. The constitution was de
feated in every county in the territory except Brown and
Iowa, in which the old settlers were still in power,70 and
Washington, with its German population. And all the coun
ties that rejected the constitution were among the larger
majority that voted "no" on the separate article submitted
on the right of negroes to vote. This article was a con
cession to the northerners among the eastern counties, and
only these gave it many votes. The territory relapsed into
its domestic politics again, with statehood indefinitely post
poned, and with the Democratic party strained in every
joint. "Let us unite once more," pleaded the Argus on
election day, ' ' and show a firm front to the enemies of equal
rights — the federal bank party."71
The six months which followed the defeat of the first con
stitution were marked by reflection and party reorganiza
tion in Wisconsin. The only effective cause for rejection, in
the constitution itself, was the antibank article. Other sec
tions had slight influence, if any, upon the outcome. If the
Democratic party had remained a unit it is doubtful if even
the bank article could have defeated the constitution. The
Whigs played skillfully upon the dissensions in the domi
nant party, and common origin made cooperation between
the Whigs and eastern Democrats more easy than it might
otherwise have been.
Talk of a new convention began before the first constitu
tion was rejected. Marshall M. Strong advocated it, and all
supported it, once the election was over. Whatever its in
ternal quarrels, Wisconsin desired to become a state. Gov
ernor Henry Dodge appraised the intensity of this desire
in a trip he made through the territory in the summer of
1847, and on September 2772 he called the legislature to meet

™ Holmes, "First Constitutional Convention in Wisconsin," in Wisconsin
Historical Society, Proceedings, 1905; has a map showing the distribution
of the vote.
71 Madison Argus, April 6, 1847.
"Proclamation in Madison Argus, September 28, 1847.

A CONSTITUTION OF DEMOCRACY 49
in special session in October, in order to enact a new law
for a new convention. Meanwhile the chief interests of the
territory had been the increase of population,73 in the South
east, between Janesville and Milwaukee,74 and the territorial
delegate election.
Morgan L. Martin, of Green Bay, was territorial delegate
in Congress from 1845 to 1847. He desired to be nominated
to succeed himself, but his ambitions were opposed by the
counter ambitions of Moses M. Strong, who had been trying
in vain to get himself reappointed as United States district
attorney for Wisconsin,75 and who was the leader of the anti-
bank radicals, as well as spokesman for the Southwest. In
spite of lukewarm support, or even open antagonism from
the East, Strong secured the nomination in July, 1847. Mar
tin returned to Green Bay, a victim of the "Tadpoles," who
were "malignant in reviling the old democracy and espe
cially yourself and friends. "76 John H. Tweedy, of Milwau
kee, was nominated by the Whigs a week later to oppose
Moses M. Strong, and was elected in September.
Tweedy had a good following among the Whigs, but was
even more aided by Democratic friction and the various per
sonal antagonisms to Strong.77 His canvass was memorable
because he was absent throughout it, he having taken the
nomination upon the understanding that he was to be left
free to go outside the territory on personal business.78 The
Whigs accepted him on these terms, and met with principles

"Ibid., October 18, 1847; J. A. Barber, Lancaster, Wisconsin, to George W.
Lakin, in Lakin MSS., in Wisconsin Historical Society; Strong, History of
the Territory of Wisconsin, 563.
14 The first freshman class at Beloit College was organized November 4,
1847. (Beloit College Catalogue, 1914, 21.) Lawrence Institute, on the
Fox River below Lake Winnebago, had been chartered in the same year.
W. A. Goodspeed, History of Outagamie County, Wisconsin (1911), 535.
75 A. C. Dodge, Washington, D. C, to Moses M. Strong, May 13, 1846, in
Strong MSS., in Wisconsin Historical Society.
n H. A. Tenney, of the Madison Argus, to Morgan L. Martin, August 28,
1847, in Wisconsin MSS., 12C81, in Wisconsin Historical Society.
" Democratic central committee of Walworth County, to Moses M. Strong,
August 30, 1847; in Strong MSS., in Wisconsin Historical Society.
"Madison Express, August 24, 1847 (a Whig paper).

50 WISCONSIN HISTORICAL COLLECTIONS
and an absentee candidate the attack of Strong, who stumped
the territory.
Strong preached radicalism up and down Wisconsin. He
had the paper support of his organization, but experienced
many individual defections. The success of Tweedy was an
omen of the approaching decomposition of the Democratic
party, locally and nationally. The vote indicated a declining
interest in politics due to schisms. Fewer persons voted in
September, 1847, than had voted in the preceding April, al
though the population of the territory grew unceasingly.
Even the worst opponents of Strong had not wanted to
carry revolt thus far, and the defeat sobered the party for
the time being. Few realized that the slavery issue was
soon to make impracticable a close affiliation between east
ern and southern Democrats. In the canvass, Strong had
tried to stop the drift towards Tweedy by charging him with
abolitionism. But now personal feelings were temporarily
set aside, and in the second convention election, in Novem
ber, 1847, the Democrats again secured a majority of the
members. How far the defeat of the constitution of 1846
was due to principle, and how far to these factions, is re
vealed by the character of the second constitution. The
schisms that disrupted Wisconsin were spreading elsewhere.
Polk 's veto of the river and harbor bill had produced a great
internal improvements convention at Chicago in July, 1847,
where it was made clear that the Northwest would not as
sent to the southern doctrines of narrow construction.79
Tariff, internal improvements, and slavery were proving
themselves undigested issues for the Democracy, and the
name of Zachary Taylor was acquiring an ominous signifi
cance for James K. Polk.
The new constitution was far from being an amended ver
sion of the old one.80 The two Democratic factions were un-

" Milwaukee Sentinel and Gazette, August 6, 1846; Madison Argus, July 13,
20, 1847; Chicago Daily Democrat, quoted in Wisconsin Democrat, July 17,
1847. 80 The convention met December 15, 1847. Journal of the Convention to
Form a Constitution for the State of Wisconsin, with a Sketch of the De
bates (Madison, 1848).

A CONSTITUTION OF DEMOCRACY 51
reconciled in spite of their good working majority,81 and
the Whigs were often able to hold the balance of power.
"The Milwaukee K's," said the Wisconsin Democrat, mean
ing Kilbourn and King, the editor of the Milwaukee Sentinel
and Gazette, "are regarded as the Siamese twins of the
convention — a separation would be fatal to both." "Byron
Kilbourn," it continued, "is so well known in the territory
that his name has become almost synonomous with political
tergiversation and intrigue. "82 It was Kilbourn who, at the
opening of the convention after the election of Morgan L.
Martin as president, tried to persuade the body to content
itself with revising the controverted sections of the first con
stitution — those on judiciary, bank, exemption, and the rights
of married women.83 He was voted down, though he was
one of the distinct leaders in the convention,84 and the new
constitution was as different from the first as either was
from the constitution of any nearby state.
A comparison of the two constitutions, section by section,
shows that almost no sentence was saved from the first with
out change. From preamble to signatures it was a new
draft. But most of the changes were only verbal and in ar
rangement. The skeleton of government was slightly al
tered, and even the disputed provisions were changed less
than was to be expected.
The banking article was completely revised as was inevi
table. In place of the sweeping prohibition of banks, the
legislature was now authorized to take a referendum on the
question of banks or no banks ; and should the vote be affir
mative it was authorized to pass a "general banking law,
with such restrictions and under such regulations as they
may deem expedient and proper for the security of the bill
holders. ' ' But no such law was to be effective until ratified

81 Strong, History of the Territory of Wisconsin, 562.
82 Wisconsin Democrat, January 1, 1848.
83 Journal of the Convention with Debates, 1847, 8; Wisconsin Demo
crat, December 18, 1847.
84 J. A. Noonan, Milwaukee, to Morgan L. Martin, December 12, 1847, in
Wisconsin MSS., in Wisconsin Historical Society.

52 WISCONSIN HISTORICAL COLLECTIONS
by the people at a general election.85 Under this procedure
state banks were soon admitted into Wisconsin ; but the tri
umphant advocates of banks had not dared to go beyond this
bare and devious concession to the banks.
The judiciary article remained almost unchanged. The
principle of elective judges was becoming better grounded
every year, and whatever influence it may have had in de
feating the first constitution, it was none the less repeated
in the second. The married women's clause was omitted en
tirely, but nothing was put into the constitution forbidding
the legislature to do by law what had created so great a noise
when done by constitution; and the legislature soon re
sponded to the sentiment of the day and used this privilege.
The exemption clause was also omitted, but into the bill
of rights was incorporated a new section at the instigation
of Martin: "17. The privilege of the debtor to enjoy the
necessary comforts of life shall be recognized by wholesome
laws, exempting a reasonable amount of property from sei
zure, or sale for the payment of any debt, or liability here
after contracted."86 The cause had gained strength since
1846.. Michigan, Georgia, Connecticut, and Texas had
passed or were passing laws to this effect, and more than one
Wisconsin Democrat believed that all that was essential in
the section of the repudiated constitution was saved in the
shorter section of the new bill of rights.87
The new constitution was submitted to the swelling elec
torate in March, 1848, and there was some apprehension as
to its fate. "There was an effort made a few days ago by
some of our Tadpole friends to unite with the Whigs and
get up a systematic opposition to the constitution," wrote
one of the Milwaukee conservatives to Martin in a private
letter.88 But the opposition failed to materialize. The Pro-

85 F. N. Thorpe, American Charters, Constitutions, and Organic Laws
(Washington, 1909), 7, 4098.
86 Thorpe, Constitutions, 7, 4078.
87 W. Chase, Ceresco, Wisconsin, February 14, 1848, to M. L. Martin, in
Wisconsin MSS., 13C36, in Wisconsin Historical Society.
88 J. A. Noonan, Milwaukee, to M. L. Martin, January 8, 1848, in Wisconsin
MSS., 13C17, in Wisconsin Historical Society.

A CONSTITUTION OF DEMOCRACY 53
gressives were opposed to banks, but every month threw
them further into the minority on this item, and they all
wanted statehood. Their chief organ wrote, "The instru
ment is better than we expected from the body that framed
it,"89 and urged its ratification. Criticism faded away, and
though the vote was small the majority was overwhelming
in favor of the constitution.90
It was, after all, factional politics that defeated the former
document, fomented but not created by the extravagant at
tack upon the banks. Tweedy 's election revealed to the
Democrats the dangers of internecine feuds. They patched
up their differences, elected a compromise governor in 1848,
in the person of Nelson Dewey, ' ' a thorough radical and con
sistent Democrat,"91 and retained for a time their partisan
control of the state and its representation. But their control
was weakening; not again until 1893 had Wisconsin two
Democrats in the United States Senate.92 Their constitu
tion marks the high water mark of Democracy in the North
west, before the tide began to ebb. Frederic L. Paxson.

89 Wisconsin Democrat, March 11, 1848.
"A. M. Thomson, Political History of Wisconsin (Milwaukee, 1900), 56;
Strong, History of the Territory of Wisconsin, 556.
81 Wisconsin Democrat, April 22, 1848.
12 New York Nation, February 9, 1893, p. 76.

PART II— OFFICIAL PROCEEDINGS AND
DEBATE

PROCEEDINGS IN WISCONSIN
On January 6, 1846, the day on which the territorial legis
lature convened in annual session, Governor Dodge sub
mitted his annual message to the two houses in joint session.
Aside from certain introductory remarks the first subject
treated by the Governor was that of statehood, the message
recommending the passage of a law for the submission of the
question to a popular referendum on the part of the voters.1
To this invitation the legislature responded by creating a
joint committee composed of two members of the Council
and four members of the house of representatives for the
consideration of the Governor's recommendation.2 In ac
cordance with this resolution the speaker of the house ap
pointed as members of the joint committee Elisha Morrow,
Thomas P. Burnett, Benjamin H. Mooers, and Orson Shel
don; while the Council chose Moses M. Strong and Michael
Frank.3 On January 12 Moses M. Strong reported to the
Council "A bill in relation to the formation of a state gov
ernment in Wisconsin," which was read the first and sec
ond times;4 similar action occurred in the house of repre
sentatives a few days later (January 19). 5 On January 16,
Michael Frank, from the joint select committee, laid before
the Council the committee's report on the subject of state
government and, on motion of Moses Strong, 500 copies were
ordered printed.6 Similar action with respect to printing
the report was taken by the house of representatives on

*For the pertinent portion of the message see post, 59.
'Journal of the Council, 1846, 24; Journal of the House of Representatives,
1846, 29-30.
'House Journal, 33; Council Journal, 32.
' Council Journal, 44.
5 House Journal, 96, 101.
8 Council Journal, 77-78. For the report, taken from ibid., 333-42, see
post, '60. 57

58 WISCONSIN HISTORICAL COLLECTIONS
January 20, the proceedings here being enlivened by a vig
orous debate over the question of printing in foreign lan
guages as well as in English.7 On January 21 the house
went into committee of the whole for the consideration of the
statehood bill,8 and again on January 22 for further consid
eration of the bill.9 On January 23 and 24 the statehood bill
was under consideration in the house,10 being ordered to its
third reading and passed on the last named date.
The Council, meanwhile, considered the bill in committee
of the whole on January 16 and 17,11 ordering it to be en
grossed and read a third time. On January 19 a resolution
to instruct the judiciary committee to amend the bill so as
to provide for negro suffrage was introduced and defeated
by a 7 to 6 vote.12 The same day the bill was reported cor
rectly engrossed, read the third time, and passed.13 On Jan
uary 24 the amendments of the house of representatives to
the statehood bill were concurred in;14 January 31 the bill
was reported sent to the governor;15 and the same day it
received the executive's signature.16

' House Journal, 105-106.
"Ibid., 119. For the debate see post, 82-86.
'Ibid., 122.
'"Ibid., 133-36, 145-47.
11 Council Journal, 80-91. For the debate see post, 93-116
"Ibid., 94.
"Ibid., 95-96.
14 Ibid., 147.
"Ibid., 227.
'"For the act, taken from Laws of Wisconsin, 1846, 5-12, see post, 117-24.

Governor Henry Dodge
From an oil portrait by Bowman in the Wisconsin Historical Library

OFFICIAL PROCEEDINGS AND DEBATE 59

MESSAGE OP GOVERNOR DODGE TO THE LEGISLATIVE
ASSEMBLY, JANUARY 6, 184617
Fellow Citizens of the Council and House of Representa
tives: You are assembled in conformity to a law of this
territory to perform the responsible duties that devolve on
you as the representatives of the people.
We have abundant cause td be thankful to the Almighty
Disposer of all good, for the very abundant harvests with
which he has been pleased to reward the husbandmen during
the past year. Our citizens who cultivate the soil are rap
idly developing the agricultural resources of the territory.
Our prairies are being converted into luxuriant fields. We
have inexhaustible stores of mineral wealth. Our climate is
of the most salubrious character, and our soil suited to the
production of everything necessary for the comfort of man.
We have the great lakes, Michigan and Superior (our inland
seas) on the east and north, and the Father of Rivers on
the west, with several large rivers passing through our ter- '
ritory in different directions. With a population intelligent,
industrious, and enterprising, the growth and prosperity of
Wisconsin must be onward; and the time is not far distant
when she will form one of the most populous states of the
Union. I respectfully recommend the passage of a law submit
ting to the people of the territory the expediency of deter
mining by a majority of their votes, whether they are for
or against a state government. If they are in favor of that
measure, the preparatory steps to carry into effect their
wishes on that subject should be taken without loss of time.
If they determine by their votes against that measure, their
will will be ascertained and the public mind put to rest on
that important subject * * * .
t.«- t t a -iQ/ifl Henry Dodge.
Madison, January b, 1846.

17 Reprinted from the Council Journal, 1846, 12-13.

60 WISCONSIN HISTORICAL COLLECTIONS

REPORT OF SELECT JOINT COMMITTEE ON STATE
GOVERNMENT18
The Joint Select Committee, to whom was referred so
much of the Governor's message as relates to the formation
of the state government, together with all petitions and doc
uments pertaining to that subject, beg leave to make the fol
lowing report :
A change from a territorial to a state government contem
plates an important period in the political history of Wis
consin. The character of our future institutions and their
adaptedness to the best interests of our population will es
sentially depend upon the course of governmental policy
pursued by the people in the formation of a new government.
Whatever may have been the opinions heretofore main
tained by the majority of the people in relation to the expedi
ency of forming a state government in Wisconsin, it is be
lieved that circumstances which have transpired within the
past year have produced a very general change in the pub
lic mind in favor of severing our territorial dependency on
the general government, and of assuming the rank and
political standing to which we are entitled among the great
family of states. Events which transpired during the last
session of Congress indicate a disposition on the part of the
general government to withhold from us the usual appro
priations for the payment of our legislative expenses. Wis
consin is evidently regarded as having arrived at a period
when she is capable of taking care of herself, and when a
sense of self-respect should induce her to throw off her ter
ritorial dependence.
Your committee will proceed to notice briefly the consid
erations which in their opinion should influence the people
of this territory to the formation of a state government
with as little delay as their safety and convenience will al-

1 Reprinted from the Council Journal, 1846, 333-42.

OFFICIAL PROCEEDINGS AND DEBATE 61
low. It is important that all of our preliminary action
should be guided by calm deliberation, and that in every
step we take towards the formation of a new government,
the wisest of counsel should prevail. We should be neither
hasty or precipitate in the adoption of measures; nor, on
the other hand, should we be too reluctant to assume the re
sponsible duties of freemen, in the exercise of the preroga
tive of self-government.
In considering the expediency of going into a state govern
ment, the first question which naturally suggests itself to
the minds of the people is, What will be gained by the
change? If our taxes are to be increased and the burdens
of government are to fall more heavily upon us on becoming
a state than by remaining a territory, then why not remain
in our present condition? While your committee believe that
the question of forming a state government should not be
regarded as one of mere dollars and cents, they nevertheless
believe it can be made to appear that the pecuniary gain of
Wisconsin will be greater by the change than the pecuniary
loss ; and that the deprivation of the amount we annually re
ceive from the general government will be more than bal
anced from other sources. To calculate properly the loss and
gain of a change from our territorial condition to that of a
state, it may be well to particularize the pecuniary advan
tages we derive from the general government, as well as the
advantages we may expect to gain by becoming a state. The
average amount received from the general government for
the payment of legislative expenses for the last four years
has been $16,812 per annum. The appropriations for the
expenses of the executive department, for salaries of judges,
courts, and jurors, average about $21,500 per annum, mak
ing the total average amount annually received by the ter
ritory from the general government a little over $38,000 for
the period before mentioned. The foregoing embraces all
the pecuniary benefits the territory receives from the gen
eral government. The appropriations made by Congress for
the payment of legislative expenses have been annually di-

62 WISCONSIN HISTORICAL COLLECTIONS
minishing since 1842, and there is no reasonable expectation
of their again being increased to the amount of former years.
Your committee, having enumerated the pecuniary advan
tages which the territory derives from the general govern
ment, will now proceed to mention the several pecuniary
benefits to be gained by going into a state government. We
shall on our admission into the Union obtain a title to five
hundred thousand acres of land, which is equivalent to an
investment in cash of $625,000 for the benefit, of the state.
The profits on this investment cannot be calculated with any
degree of certainty; various opinions are entertained as to
the prospective increase in value of the most desirable pub
lic lands which are now offered for sale in the territory.
There are many who believe that large investments might
at the present time be made in lands which would be worth
twenty per cent per annum, while others believe that seven
per cent is all that could be safely calculated upon. It is not
to be expected that these lands will be located for the benefit
of the state with the shrewdness which a capitalist would
exercise for his individual interest ; but your committee be
lieve that six per cent is as low an estimate as anyone would
be disposed to make, especially when it is taken into account
that the lands belonging to the state will not be subject to
taxation. Six per cent, then, on an investment of $625,000,
would amount to $31,250 per annum. It is true that this
amount would not be made available annually ; nevertheless
it would be an annual accumulation to [of] that amount to
the original capital, which the state would in due time be
sure to realize. The public lands in Wisconsin are rapidly
being bought up, and the longer the formation of a state
government is delayed, the less will be the opportunity for
making good selections for the state. The proceeds of these
lands may be appropriated to such objects as the people may
determine. The constitution of Iowa, adopted by the con
vention of her delegates in November, 1844, directed that the
500,000 acres of land to which the state was entitled should
remain a perpetual fund, the interest of which should be in-

OFFICIAL PROCEEDINGS AND DEBATE ' 63
violably applied to the support of common schools. Wis
consin would do well to make a like disposition.
Wisconsin will be entitled to receive five per cent of the
net proceeds of the public lands sold within her limits from
and after the time of her admission into the Union. The
amount of purchase money received for public lands in this
territory during the year 1844 was $332,292.24. Your com
mittee have not the authentic statement for 1845, but believe
the amount does not fall short of $500,000. How much should
be deducted from this amount for expenses of sale and other
contingencies your committee have not the information at
hand for determining ; but assuming the net proceeds to be
$450,000, the five per cent would amount to $22,500. To this
five per cent sum Wisconsin would have been entitled for the
year 1845, had she been an independent state — a sum greater
by some thousands than the average appropriation made by
Congress for the payment of legislative expenses for the
past five years. Whether the sales of the public lands will
be increased or diminished hereafter cannot be definitely
stated; but it is reasonable to presume that the amount of
sales will not materially lessen for the next three or four
years. In addition to the advantages of a pecuniary character al
ready mentioned, which will be gained by going into a state
government, the full control and disposal of our school lands
is a matter of great importance to the people of the terri
tory. The sixteenth section of every surveyed township has
been set apart by Congress for the encouragement and sup
port of common schools. There have been sold of public
lands in the territory over 3,000,000 acres, and permanent
settlements have been made in more than three hundred of
the surveyed townships. In many of these townships the
settlements are, of course, sparse, and the school lots of but
little if any more value than government lands ; but in the
southern part of the territory many of the school lands are
already valuable; and if the people had any authority to
make any permanent disposition of them, many of the school

64 WISCONSIN HISTORICAL COLLECTIONS
sections might immediately be made available for educa
tional purposes. Whenever Wisconsin becomes a state, the
legislature will have power to fix upon some settled policy in
relation to our school lands; and as soon as permanent
leases or conveyances can be made, many of them will doubt
less soon yield a revenue which will greatly aid the cause of
education. The lands, also, which are granted by Congress for the
establishment of a university, cannot well be placed in a con
dition to be made available until we become a state. The
number of acres granted by the general government for this
object is 46,080. A part of the university lands which were
located a number of years ago are now becoming valuable,
and when we enter into the Union the title to them will be
vested in the state, and the legislature will have authority
to sell or lease them, as may be deemed most advisable.
Assuming that Congress extends to us on our admission
into the Union the same liberality which has been extended
to other new states, we shall obtain still further grants of
land besides those already named. So far, then, as the ques
tion of pecuniary profit is concerned, we shall be greatly the
gainers by foregoing all that we now receive as a territory,
and by receiving that to which we are entitled under a state
sovereignty. The probable cost of supporting a state government in
Wisconsin cannot be arrived at with any considerable degree
of accuracy. The people have it in their power to establish
a plain, republican, and economical government if they de
sire it, and doubtless it is their will to establish such an one.
The compensation for performing the duties of the offices in
the different departments of our government should be
neither penurious nor extravagant. In a republican govern
ment there must always be personal sacrifices for the gen
eral good; and if the time shall ever come when rendering
the state a service will be measured strictly by the pecuniary
consideration given, our free institutions will cease to exist.

OFFICIAL PROCEEDINGS AND DEBATE 65
The cost of state government differs widely in different
states of the Union which are nearly equal in population.
It does not appear that the laws are more salutary or better
administered in expensive governments than in those of a
cheaper character. The constitution which was framed by
the people of Iowa, but subsequently rejected in consequence
of an alteration of the boundaries of the state by Congress,
contemplated a state government with biennial sessions of
the legislature, at a cost of about $15,000 per annum. It ap
pears, however, to be very generally admitted that Iowa fixed
the salaries of many of her public officers too low, and that
she contemplated too cheap a government ; nevertheless, the
constitution of Iowa may help to form something of an esti
mate of the expense of a state government in Wisconsin.
The compensation allowed to the judiciary of Iowa appears
to be the objectionable feature of the constitution framed
by the convention ; the salaries allowed to the other officers
of the government are probably nearly what they should be.
Adding, then, $5,000 more for the better payment and organ
ization of the judiciary than was allowed by Iowa, and it
will make the cost of a state government with biennial ses
sions of the legislature about $20,000 per annum; annual
sessions of . the legislature would increase the expense of
government from fifty to seventy-five per cent. The as
sessed valuation of taxable property in this territory for
the year 1845 is $9,324,405. A tax, therefore, of less than
four mills on the dollar would defray the expenses of the
government with annual legislative sessions, provided the
state, during the first year of its existence, was obliged to
raise every dollar of its expenses by direct taxation. An in
crease of direct taxation for the support of government must
necessarily follow during the first years of our state inde
pendence ; but, as has already been shown, the people will
have become the possessors of a capital, the increase value
per annum of which will be much greater than the amounts
which they will be obliged to raise by taxation. No new
state ever came into the Union possessed of available reve-

66 WISCONSIN HISTORICAL COLLECTIONS
nues sufficient to pay the expenses of its government; and
however long Wisconsin might think proper to protract the
period of her admission into the Union, she could not ex
pect to be prepared to meet the expenses of new government
without taxation. The general government provides the
new states, upon their setting up a government for them
selves, with an outfit in lands, which are not so liable to be
improvidently squandered as money, but which may be made
available and rendered a sure and permanent resource for
the benefit of the people.
Your committee thus far have discussed only the pecuni
ary considerations which bear upon the question of state
government. There are other benefits of an important char
acter which commend themselves to the attention of the peo
ple. Our political weight and importance as a state would
give us decided advantages over our present territorial con
dition. We are now a dependency — our political condition
is one of mere sufferance; every law passed by our terri
torial legislature is subject to the supervisory power of Con
gress. Our governors and our secretaries are appointed by
the president; nor have the people of the territory any
voice whatever in the appointment of their judges. The
judiciary is the most important branch of the government,
yet it must always be defective until placed within the reach
of the sovereign people. Whatever abuse may exist in the
administration of law by our highest tribunals, the people
are obliged to submit, there being no means within their
power of procuring a reform. Our relation to the govern
ment of the United States is one of entire dependence, and
we are to be obliged to take the attitude of suppliants to pro
cure annual supplies from Congress to maintain our terri
torial government. We have no voice in the governmental
affairs of the Union ; no matter how momentous the question
at issue, we have not a single vote to cast. By becoming a
state, we at once become invested with rights and privileges
which are held invaluable by a free people ; in the Senate of
the United States our numerical strength would be as great

OFFICIAL PROCEEDINGS AND DEBATE 67
as that of any state, however populous, in the Union. In
the House of Representatives, we should not only have a
voice, but a vote, on every question pertaining to the wel
fare of the Union or the interests of Wisconsin. In matters
of commerce, agriculture, mining, and whatever else con
cerns this portion of the great West, the wishes of our popu
lation would be fully represented; the necessity of harbors
on our lake coast, the improvement of our river navigation,
and other works of national importance could then be more
successfully urged upon the attention of Congress. When
ever the political influence of the people of Wisconsin can be
brought to bear upon our presidential elections and upon
the decisions of our national legislature, then she will no
longer be treated as an inferior, but as an equal, and then
will her political power be courted, instead of being treated,
as it now is, with indifference.
The influence which a state government would have in cor
recting many of the evils and abuses which have hitherto
been attendant upon our territorial form of government
must be apparent to all. It is a republican maxim that all
good governments must derive their just powers from the
consent of the governed: whenever a government in any of
its departments is entirely beyond the reach of the ballot
box — when the people are deprived of the proper exercise
of their legitimate sovereignty — abuses of power will inevit
ably be the consequence. An immediate responsibility of
the government to the people is the true safeguard of the
people's rights. We have abundant proof of the profligate
tendency of a territorial government; no rigid system of
economy can be enforced until all the taxpayers of Wiscon
sin are interested in every dollar of public expenditure.
That the tendency of our territorial government is calculated
to foster habits of dissoluteness and extravagance, no one
can deny ; our territorial officers seem to regard it as part of
their duty to use up the funds which are annually appropri
ated by Congress; and hence the length of our legislative
sessions has been governed more by the amount of our an-

68 WISCONSIN HISTORICAL COLLECTIONS
nual appropriations than by the amount of business to be
done. Unless all the acknowledged maxims of morals are
false, the tendency of these things must be pernicious. Un
der a state government the people will exercise a more strict
observance over the acts of their public servants ; no waste
ful expenditures will be treated with complacency ; every de
partment of the government will be held accountable to the
people, and dishonesty will be more likely to meet its just
rebuke at the ballot box. If the people wish to enjoy all the
rights and privileges that appertain to freemen, and give to
Wisconsin the true attributes of sovereignty, if they wish
to exercise their proper franchise in the election of their
rulers, they must assume the rank to which they are entitled
among the independent states of the Union.
The confused and uncertain condition of our laws is an
other argument which should influence the people to the for
mation of a state government. Our territorial legislation
is now regarded as only temporary; the necessity of a revi
sion of our laws is felt and generally acknowledged ; yet no
one pretends that this desirable object will be accomplished
until we become a state. Aside from other laws, those alone
which relate to our common schools imperiously demand at
tention. The condition of our common schools is far from
being creditable, and there is but little prospect of any per
manent improvement while we remain a territory. We have
no plan for common schools deserving the name of system,
and the prevailing sentiment is that no effective system of
education can be devised until we become a state. Wiscon
sin is hazarding much by neglecting the instruction of the
rising generation; it may take years of arduous and per
severing effort to repair the wrong. Without early and
vigorous action to raise higher the standard of education,
the prospective destiny of the state is dark and unpromising.
Whatever force there might have been in the objection
heretofore urged — that our population was too small to form
a state government — it certainly now has but little plausi
bility. The present number of inhabitants in this territorv

OFFICIAL PROCEEDINGS AND DEBATE 69
probably does not fall short of 115,000, and should we come
into the Union in the early part of the year 1847, we shall
have a greater population at the time of our admission, with
a single exception, than any of the new states which have
preceded us since the confederation of the original thirteen.
There will probably never be a more favorable period for
AVisconsin to come into the Union than the present : the polit
ical balance of power between the South and the North is
now placed in an attitude which excites very general atten
tion and solicitude throughout the Union. Florida and
Texas have come into the great family of states, and the in
terests of the Republic seem imperiously to demand a speedy
admission of Wisconsin. As great and momentous as are the
questions growing out of northern and southern interests,
it is not strange that the entire North is now inviting us to
throw off our territorial government, and to assume the
rights that pertain to a free and independent state.
By order of the Committee, M. Frank.

ASSEMBLY RESOLUTIONS CONCERNING STATE
HOOD19
Resolved by the Council and House of Representatives of
the territory of Wisconsin:
Section 1. That the delegate in Congress from' this terri
tory be requested to endeavor to procure at the present ses
sion of Congress the passage of an act providing for the ad
mission of Wisconsin into the Union as a state, upon an
equal footing with the other states of the Union, and upon
the following principles, to wit :

M These resolutions, accompanying the report of the joint select com
mittee on state government, were not passed by the Assembly. The copy,
together with the discussion here presented, is taken from the Madison
Express, January 29, 1846. The document is of interest as showing the
views of the joint committee concerning the action desired at the hands of
Congress with respect to admission to statehood.

70 WISCONSIN HISTORICAL COLLECTIONS
The boundaries of the state of Wisconsin shall be the
same as those of the present territory of Wisconsin.
Section 2. The convention of delegates elected to form
a constitution for the state of Wisconsin shall provide by an
ordinance irrevocable without the consent of the United
States, that the said state shall never interfere with the pri
mary disposal by the United States of its lands within said
state, nor with any regulations Congress may find necessary
to make for securing the title in such lands to the bona fide
purchasers thereof ; and that no tax shall be imposed by said
state on lands the property of the United States; and that
in no case shall nonresident proprietors be taxed higher than
residents ; and that the bounty lands granted, or hereafter to
be granted, for military services during the late war, shall,
while they continue to be held by the patentees, or their
heirs, remain exempt from any tax laid by order or under
the authority of the state, whether for state, county, town
ship, or any other purpose, for the term of three years from
and after the date of the patents respectively.
Section 3. In consideration that the United States has
heretofore attached to the states of Illinois and Michigan a
portion of the territory which in justice should belong to
and form a part of the fifth state to be formed and estab
lished in the Northwest Territory, according to the fifth arti
cle of the ordinance entitled "An ordinance for the govern
ment of the territory of the United States northwest of the
river Ohio," made July 13, 1787, and in consideration of the
aforesaid ordinance to be made by the delegates elected to
form a constitution for the state of Wisconsin, the Congress
of the United States shall pledge its faith to provide by law
for the following : To complete the harbors which are com
menced at Southport, Racine, and Milwaukee, and to con
struct a harbor at each of the following points in Wiscon
sin: Port Washington, Sheboygan, Manitowoc, Twin Riv
ers, and Kewaunee.

OFFICIAL PROCEEDINGS AND DEBATE 71
Section 4. To improve the navigation of the Neenah, or
Fox and Wisconsin rivers and unite them by a canal, so
that the said rivers and canal shall be navigable by steam
boats of the class that navigate the Mississippi River above
the Rock River Rapids, in low water.
Section 5. To grant to the state of Wisconsin, for the pur
pose of aiding in the construction of a railroad from Lake
Michigan to the Mississippi River, all the land not hereto
fore sold to those sections and fractional sections which are
numbered with odd numbers on the plats of the public sur
veys, within the breadth of five full sections, taken in north
and south, or east and west lines, on each side of the main
route of said railroad, from one end thereof to the other,
and if any of said sections or fractional sections thereof
have been sold by the United States, then to grant to the
state of Wisconsin a corresponding amount of land, to be
selected by the said state of Wisconsin, in any other part of
the said state, in any legal subdivision, and for the purpose
of further aiding in the construction of said railroad, the
lands heretofore selected, appropriated, and granted to the
territory of Wisconsin for the purpose of opening a canal
to connect the waters of Lake Michigan with those of Rock
River, by act approved June 18, 1838, are hereby granted
to the state of Wisconsin free and clear of any restrictions
contained in said act of June 18, 1838. Provided That the
said state shall never impose any tax or charge upon the
United States or those in its employ for the transportation
of the United States mail, troops, arms, munitions of war,
or other property of the United States, over or through said
railroad, rivers, or canal.
Section 6. To bring into market and offer for sale, as
soon as may be practicable, all lands owned by the United
States in said state, and to issue patents for all lands in said
state, which have been or which may be purchased by any
person from the United States in good faith.

72 WISCONSIN HISTORICAL COLLECTIONS
Section 7. To pay to the state of Wisconsin from and af
ter the time of the admission of such state into the Union
the sum of ten per centum upon the net proceeds of the sales
of the public lands which subsequent thereto shall be made
within the limits of said state, upon the same terms and con
ditions and with the same limitations as is provided for
other states by the first section of an act entitled "An act
to appropriate the proceeds of the sales of the public lands,
and to grant preemption rights," approved September 4,
1841 : Provided That the aforesaid grants of land shall not
be taken or considered as a part of the land to be granted
to the said state by the eighth section of said last aforesaid
act, but there shall in addition to the aforesaid grants be
granted to the state of Wisconsin 500,000 acres of land to be
selected and located according to the provisions of said
eighth section.
Section 8. To pay to the state of Wisconsin five per cent
of the net proceeds of the sales of all public lands lying
within the state of Wisconsin, which have been or shall be
sold by Congress, from and after the admission of said state
into the Union, after deducting all the expenses incident to
the same, which sum shall be appropriated for making pub
lic roads and canals within the said state of Wisconsin, as
the legislature thereof may direct.
Section 9. That the said delegate be further requested to
procure from Congress at its present session an appropria
tion of $30,000 to be paid to the treasurer of the territory
and by him to be applied to the payment of the expenses of
taking a census of the inhabitants of Wisconsin and the ex
penses of holding a convention to form a constitution for
the state of Wisconsin, and that the said delegate be further
requested to endeavor to procure the passage of a law pro
viding that the state of Wisconsin upon her admission into
the Union as a state shall be entitled to two senators in the
Senate of the United States and two members of the House
of Representatives of the United States.

OFFICIAL PROCEEDINGS AND DEBATE 73
Mr. Strong, of Iowa, moved a suspension of the rules pro
hibiting the third reading of this resolution at this time ; and
that it be read a third time now.
Mr. Strong, of Racine, said that as the resolutions pro
posed to divide all of the spoils of the territory, and pre
sented questions of such importance, he desired a longer
time to consider them.
Mr. Strong, of Iowa, replied that he did not wish to press
the question, and if any member desired it he would with
draw the motion.
The motion to read a third time was then withdrawn.

DEBATE IN THE HOUSE OF REPRESENTATIVES
JANUARY 8, 184620
Remarks of Mr. Croswell of Walworth on the subject of
state government, in House of Representatives, Janu
ary 8, 1846, the Governor's message being under con
sideration in committee of the whole :
Mr. Chairman : There is one subject embraced in the able
message of our worthy Executive, and alluded to in the joint
resolutions from the Council, which I am of the opinion has,
more than any other, claimed the attention of my constitu
ents ; and upon this subject I beg leave to offer a few obser
vations. Viewing the final consummation of the proposition
of a state government for the people of this territory, and
the many complicated and vitally important questions inti
mately connected with it, as the stepping-stone to our future
prosperity or adversity must be my apology for occupying
the attention of the committee at a time when our existence
as a branch of the territorial legislature must, necessarily,
so soon terminate.

"° The report of the debate is taken from the Madison Wisconsin Argus,
January 13, 1846.

74 WISCONSIN HISTORICAL COLLECTIONS
It has been truly said that it is a sublime spectacle to be
hold a young nation on the eve of preparing for war. Is
not the reflection equally noble and sublime when we con
template the triumphant progress of freedom and self-gov
ernment on this continent? A nation of freemen that in so
short a space of time numbers her millions, living happily
under the benign influence of her equitable laws. The
change that is now occupying the minds of our people will
but add another link in the great chain that binds this Union
in the glorious cause of civil and religious liberty. Another
and yet another will soon join us in our onward march in
this triumphant experiment. But it is no longer a problem.
It has become cheering reality. Seventy years' experience
must convince the world that man is capable of self-govern
ment. The progress of law and order, the extension of edu
cation, refinement, and civilization, and the thousand in
centives to peace and happiness, all so closely interwoven
with our progress as a nation, must cause every true philan
thropist to rejoice at the wide range our state sovereignties
are taking, and the enlightened provisions of their consti
tutions. Even Texas — "poor, benighted, lost Texas" — so
often pointed out as the vilest spot on the continent, as the
refuge of every villain that left the states — has given to her
people in many respects the most liberal and democratic con
stitution possessed by any state in this Union.
Sir, ours must truly be a change from territorial depend
ence — might I not say vassalage? — to that of state sovereign
ty and independence. Who does not know that at present we
are scarcely respected in the halls of Congress? Wisconsin
can be seen, session after session, a suppliant for those
favors which belong to her, and should be demanded as her
right — favors which are granted to the states as soon as
asked. Look at the last appropriation made for our territo
rial expenses — cut down to a most niggardly pittance of dol
lars and cents ! Again, the appropriations for harbors on our
lake shores — so much needed to preserve the lives and prop
erty of our citizens. Year after year have the citizens of this

OFFICIAL PROCEEDINGS AND DEBATE 75
territory memorialized Congress for these appropriations
and pointed out the great necessity for them and the tenden
cy they would have to hasten the settlement of the country
until the people were absolutely driven to undertake the work
themselves. And finally, when Congress could no longer
turn a deaf ear to our supplications, witness the extreme lib
erality of the appropriations ! Not one quarter the amount
really necessary for the completion of the works, thereby
creating vexatious delays and damages that by a more lib
eral course of policy might have been avoided. Why this
indifference and inattention to our wants? Is it not [be
cause of] our own insignificance — our lack of weight and in
fluence on the floors of Congress? Sir, the grand secret is
that we have no share in president-making. We are of no
account in the presidential canvass, and our rights never will
be duly respected until we assume that position.
If we are to place ourselves under a state form of govern
ment within a period of five or six years, and I believe its
most determined opponents do not contemplate a more re
mote period, then the sooner some decisive action is had the
better. That a great change has taken place among the peo
ple since the last vote was had in reference to it, I believe
is conceded in every quarter. In the county which I have
the honor in part to represent, scarcely an individual can be
found opposed to it. Our laws want revising. A glance at
the statute book will show any man how great the neces
sity. We have some laws that are most clearly unconstitu
tional, others that are vague and unmeaning, and many that
possess but one merit, and that one a negative one, giving
to each individual an opportunity of placing a construction
upon them to suit himself.
Our territorial or state limits is another question that
should attract the early attention of the people. It is a mat
ter of regret that it could not have been settled long ere
this, when there were fewer obstacles in the way of a fair
and candid adjustment. If Congress in its assembled wis
dom has wrongfully given portions of our territory to Illi-

76 WISCONSIN HISTORICAL COLLECTIONS
nois and Michigan, we must certainly assert our claim to a
candid investigation, and firmly maintain our right to exer
cise jurisdiction over every portion of that which clearly
belongs to us in administering our state government. This
question of territorial limits has already been agitated, and
the inhabitants of that portion of Illinois claimed as belong
ing to our territory are ready, nearly to a man, to join their
destiny with ours.
Among the many objections that I have heard urged
against a state government the most prominent are these:
That "we have not men of sufficient talents and experience
for state officers"; that "there will be an increase of ex
penses, and, consequently, a larger amount of taxes ' ' ; that
"a bank will be located in every village"; that "there will
be a large importation of railroad speculators from the older
states"; and, finally, that "state indebtedness, prostration
of credit, stagnation of business, and ruin must follow our
admission into the Union, as in the instances of Illinois, In
diana, and Michigan."
This, Mr. Chairman, is a most gloomy prophecy of the
future; but will it not prove, after the necessary lapse of
time, to come from a false prophet? Like the champion of
federal whiggery in Congress from Ohio, whose prophecy
on the promulgation of the celebrated specie circular ran
thus : ' ' Your canals will prove a solitude, your lakes a des
ert waste of waters. ' ' I shall not pretend that we have with
in our territorial limits a Wright, a Young, a Flagg, or a
Dix — men whose fame as statesmen will live coextensive
with the history of their state ; but we have men among us
of sufficient talents, experience, and honesty of purpose for
any emergency that may arise.
It is possible, indeed very probable, that our expenses will
be increased by the change, though many who pretend to be
the best informed on the subject contend that it will not
prove to be so to any great extent. The privilege of select
ing our own state officers, and having a voice in the presi
dential elections and on the floors of Congress, will, in their

OFFICIAL PROCEEDINGS AND DEBATE 77
effects upon our territory, far overbalance the additional
amount of tax.
That chartered monopolies, in the shape of banks and
other speculating schemes for the purpose of increasing the
wealth of the already rich and powerful, will come up for
legislative sanction is quite certain. A few individuals —
thank God their numbers are yet small in this territory —
will be found in every community ready to barter away soul
and body for the establishment and control of a rag-mill with
which to grind to the dust the common people. But, with
the wide range discussion has taken on this subject, and the
examples of those states before us that have fallen a prey
to this most dangerous class of chartered aristocracies, I
have yet to learn that, while the mass of the people retain the
power, these special privileged gentry will succeed here to
any great extent in their efforts at land piracy.
The occasion, Mr. Chairman, is a befitting one to allude to
the immense internal resources of our prospective state,
and to show thereby her capacity and the ample means we
possess for her maintenance: First, the lead mines of the
West — they are scarcely equalled and not excelled by any in
the world. Second, the extensive beds of iron ore of extra
ordinary richness met with in every direction at the north
and west. Third, the almost boundless tracts of pine timber
of the North, the trade in which has but just commenced.
Fourth, the copper region, also at the north, which, it is
said, in value and extent is far superior to anything of the
kind before discovered. Fifth, the discovery of stone coal.
Sixth, the grain region, equal in extent to 90,000 square
miles, at this time only in the infancy of its development.
Ninety thousand square miles of rich, tillable land! The
items which preceded this dwindle into insignificance when
compared with it. Such an amount of land, if under culti
vation, would more than supply breadstuffs for the whole
universe. This may be aptly termed the granary of the
United States.

78 WISCONSIN HISTORICAL COLLECTIONS
Next, consider her geographical position : On her western
border we have the giant Mississippi, opening a direct com
munication with the Atlantic Ocean through the Gulf of
Mexico. Her eastern shores [are] washed by the waters of
the majestic Michigan, opening to her ports the rapidly in
creasing trade of the lakes, and again communicating with
the Atlantic through the Canadas; also with the great
metropolis of the United States through the Erie Canal. On
the south, if we succeed in maintaining our claim to northern
Illinois, we have the Illinois and Michigan Canal. At the
north are the navigable waters of the Wisconsin and Fox
rivers, uniting the Mississippi with the lakes ; while through
the central portion flows the Rock and Pecatonica, both soon
to be opened for navigation. These benefits to trade and
commerce, when connected with the vast amount of hydraulic
power for manufacturing purposes, can scarcely find a par
allel in any other state. In connection with this what may
we not anticipate when the enlargement of the Welland Canal
is completed, and foreign vessels are enabled to approach
our wharves with their rich freights and return loaded with
our products?
There is another subject, which, though it may appear for
eign to the question of state government, closely concerns us,
and may have an important bearing upon our future pros
perity. I refer to the Whitney Railroad.21 So important is
it to the interests of the West that that question alone should
induce us to assume a state form of government in order to
lend our most efficient aid in making it a national work. I
do not hesitate to give it as my candid opinion that this giant

21 Asa Whitney was a New York merchant whose attention was first called
to railroads in 1830 in England. In 1842 he made a visit to China where
he remained two years. He was deeply impressed with the need of an
overland route to the Pacific, and upon returning to America projected
a plan for a railroad from Lake Michigan to the West Coast to be built
with the proceeds of a land grant sixty miles in width, for the entire dis
tance. In the summer of 1845 he visited Wisconsin Territory and person
ally inspected the proposed route across its soil. He stayed some time at
Prairie du Chien, at which point he advocated the bridging of the Missis
sippi. In the same year he presented a memorial to Congress embodying
the main features of his plan. In February, 1846, he drew another me
morial for the 29th Congress (see Senate Doc, 161, serial 473) in which

OFFICIAL PROCEEDINGS AND DEBATE 79
work, both as regards the changes that it must produce on
the shores of the Pacific, and as a magnificent civilizing ef
fort, will at no distant day be commenced and prosecuted to
completion, either by the United States government or by
individual enterprise — probably the former. A proposition
possessed of so much merit and consequence in its results to
the people of the West should attract the attention of the
whole community, and if its termination, as has been sug
gested, is to be within our territorial limits, we should be
among the first to become deeply interested in it. It requires
no stretch of the imagination to convince any man of the
magnitude of the commerce that must flow in through this
channel from the Pacific Ocean — all our trade with China and
the Indies, the voyages of which it now requires months to ac
complish, through the necessity of making the passage round
Cape Horn. It is a project of such momentous importance
and would soon become so deeply blended with the civil and
commercial interests of the Union, that, after all that may be
said of particular localities, the general government would
prove the greatest beneficiary. Justly magnificent and mer
itorious as has been considered the discovery of the magnetic
telegraph, it must be totally eclipsed in its effects upon the
half-civilized and barbarous tribes of the West.
There are those among us who have the welfare of the ter
ritory warmly at heart, who are seriously alarmed at the
prospect of a change from a territorial to a state govern
ment, being quite positive that this change will bring with
it state indebtedness. If I could be convinced of this, as
warmly as I now feel enlisted in its favor, I would give the

he rehearsed and enlarged his argument and offered a map on which
Prairie du Chien is made a terminus of the proposed road. The Senate
Committee on Public Lands, headed by Breese, of Illinois, favored the plan,
and brought in a report embodying Whitney's proposals. See Prairie du
Chien Patriot, Sept. 22, 1846.
Several times Whitney's plan was favorably reported in Congress, and
undoubtedly it was because of his continual agitation that the project of the
Pacific Railway was kept before the minds of the American people. The
Milwaukee and Mississippi Railroad was considered the first link in Whit
ney's transcontinental railway, and much was hoped from its successful
construction

80 WISCONSIN HISTORICAL COLLECTIONS
proposition the most strenuous opposition, for I should con
sider it as one of the greatest calamities that could befall
any state. I would remind those, however, who have had
their fears excited in reference to this question, that if the
constitution which will be presented to the people for their
adoption proves to be such an instrument as the enlightened
age in which we live will demand, and I have not the slight
est misgiving relative to it, their apprehensions are ground
less. One of the most prominent articles in that constitu
tion should be a provision against loaning the credit of the
state for any purpose except for her protection in extreme
cases of insurrection or invasion.
It is so clearly evident that we possess all the elements of
power and greatness, when those elements shall have been
fully devloped ; and a change in our government having the
tendency to awaken the energies of the people and thus un
fold our resources for the benefit and advancement of the
country certainly makes a speedy desertion from the shack
les of territorial bondage desirable. Would our present de
pendence upon Congress answer for a state occupying the
proud preeminence of New York? No one will for a mo
ment contend that it would. Then how much greater the
necessity for a rapidly increasing community like our own,
just growing into importance, to place herself in a position
that will enable her to take advantage of every favorable
occurrence that offers to exalt herself in the eyes of the
world. Give us the population and capital that New York
possesses, and in five years we can outstrip her in the race
for supremacy. The natural resources of Wisconsin are
not surpassed, if they are equaled, by any state in the Union.
Her geographical position is as perfect as her most san
guine friends could wish it. Her boundary exhibits an area
more than twice the size of the Empire State, and leaves her
by far the largest state in the Union. The temperature of
her climate is mild and healthful. Her soil is as rich and
productive as any on the globe. Why sir, I have an accur
ate, personal knowledge of two counties in this territory,

OFFICIAL PROCEEDINGS AND DEBATE 81
Rock and Walworth, and the assertion I apprehend will not
be denied, that these counties alone surpass in the natural
richness of the soil, and will yield more wheat than all the
counties of New York united. But New York is truly great,
and well does she deserve the title of "the Empire State of
the Republic." She is great in her commerce, in her splen
did cities, in her works of internal improvement, in her sys
tem of education, and in her laws. The greatness of New
York is the work of man; Wisconsin is great as she came
from the hands of the Creator. Who can foretell the splen
dor of her career in the cause of human liberty and the equal
rights of man?
I am aware, sir, that to some I may have appeared dis
cursive, that I have drawn within the range of my remarks
topics not necessarily connected with the object of my advo
cacy. All this may be, and no doubt is, true ; but I may offer
something by way of extenuation through simile, and one
that is familiar to us all. Look at the immigrant who ar
rives on our shores and secures some favorite location as the
sphere of future labor and a final home ; imagine him looking
at and admiring the glowing imagery of nature spread in
such rich luxuriance all round. Who can tell the feelings of
delight and manly independence which swell his bosom as
he contemplates that here he has a home after all his wan
derings, and that here, too, his labor will be more than amply
rewarded by a fruitful soil. Such, then, must be my apol
ogy for allowing fancy to have her flight in contemplating our
future prosperity as a state. But may I ask the indulgence
of recurring to my simile. If this immigrant allowed him
self to revel in the poetry of imagination too long, instead of
awakening to the sterner realities of life, if energies and ap
pliances were not called into action to erect his house and
fence his fields, if the earlier settled friends began to hint that
it was time, and more than time, to commence his settlement,
if they gradually withdrew their former aid, and still he
remained inactive, would you not pronounce at once that he
was not the stuff out of which to make a Wisconsin citizen?

82 WISCONSIN HISTORICAL COLLECTIONS
We, too, sir, have received the hint, and a hint too palpable
to be mistaken, and we have been bereft of aid. The time,
it would appear, has arrived, and to us it belongs to begin, if
no more, to lay the foundation for a state erection ; one, may
we hope, that will rapidly rise and extend itself, and that
soon the fabric in its fair proportions will attract the enter
prising from every country and every clime to seek a home
and happiness beneath its protective roof. With these re
marks I conclude, sir, not, however, before thanking the
committee for its kind indulgence.

DEBATE IN THE HOUSE OF REPRESENTATIVES,
JANUARY 21, 184622
The house took up in committee of the whole the bill from
the Council on this subject [statehood], Mr. Sheldon in the
chair, and the bill having been read through, and the chair
man calling for amendments to the different sections seria
tim. Mr. Burnett moved to amend section third, which provided
for the appointment by the governor of persons to take the
census, by making it the duty of the sheriffs of the counties
to perform that duty. He said that should this amendment
prevail a large number of amendments would necessarily fol
low to carry out the provisions of the act, under that state of
the case, and which he would make at the proper places. In
support of the proposed amendments, he would say that it
seemed to him that the sheriffs would be the best qualified
officers to perform the duty here proposed to be assigned to
them, of any person that could be named. They are elected
by the people for their business qualities, are supposed to be
acquainted with all the inhabitants, and are constantly mov
ing out among them. The usual course in this case has been

22 The report of the debate is taken from the Madison Express, January 29,
1846.

OFFICIAL PROCEEDINGS AND DEBATE 83
to give the service to this officer in the states and in this ter
ritory at all former times, and in the United States to the
marshals of the United States, and he could see no object to
be gained by making the change proposed by the bill. He
was not afraid to trust the executive but as it would be ex
ceedingly difficult for him to obtain the proper and necessary
information on this subject, he feared the governor would be
more likely to be deceived than the people. And that less
satisfaction would be given by the bill as it stood than with
the amendment he had offered.
Mr. Mooers [thought] the argument in favor of the sheriff
taking the census, based on the ground that they have been
chosen by the people, was just as applicable to any other of
ficer they have chosen. But there was still a stronger reason
that operated on his mind to support the bill as it came from
the Council ; there were several counties which had no sheriff
in them. In such cases the very necessity of the case will re
quire an appointment to be made by the governor, or that
some other officer perform the duties. He was in favor of a
uniform system, and that of giving the appointing power to
the governor was the only one that presented itself to his
mind as proper to be pursued.
Mr. Burnett thought there was not a district in the terri
tory where there was not a sheriff who could perform the
duty sought to be imposed on them. Even in the distant
counties of La Pointe, and Chippewa, the sheriff of Crawford
and his deputies are in the habit of serving writs of the dis
trict court. Therefore he can go there and perform this
duty, and moreover there is no limit to the number of assist
ants he may have to aid him. The main object he had in view
was to prevent expense as much as possible in taking this
census, and he supposed it could be done by making the
amendments he had proposed.
Mr. Phelps was in favor of the original bill, for in addition
to what had been stated by the gentleman from Washington,
it sometimes so happened that sheriffs could not perform
even their proper duties. He alluded to the sheriff of this

84 WISCONSIN HISTORICAL COLLECTIONS
county, who, as was well known, had in consequence of an at
tempt to perform his duty been buried in the "tombs" of
Jefferson. Mr. Burnett : If he has been buried, there has also been
a resurrection, for I have seen him in the lobby of this house
within a few days.
The question was taken and lost.
Mr. Morrow moved to amend the fifth section so as to make
the time on which the secretary of the territory shall notify
the persons appointed be on the tenth of May instead of the
first of April. The object of this amendment was to give time
for the vote on the question of state government to be can
vassed, and should it prove to be adverse to the formation of
such government, no census should be taken ; and should the
amendment he had now proposed prevail, he would make
such others as would accomplish the object he had in view.
He was opposed to incurring the expense of taking a census
under any other circumstances.
Mr. Mooers was of opinion that a census was needed for
the purpose of making an apportionment among the coun
ties of the representatives, since it was now universally con
ceded that the present representation was exceedingly un
equal. Mr. Morrow was opposed to taking a census for the pur
pose of making a new apportionment ; and he thought there
would be abundant time for performing that duty and mak
ing the returns and for the governor to make the apportion
ment and the people to hold the election on the first of Sep
tember as is now proposed in the bill.
Mr. Darling was not in favor of the speed that some gen
tlemen had manifested. On the contrary he would be glad
to fix all the dates at least a month later in the year than
they are now fixed. In the month of June, at which time
the census is proposed to be taken, there will be a great
many immigrants traveling about the territory, without
having settled on their future homes ; these he would be glad
to enumerate, in their proper place. Besides, it would make

OFFICIAL PROCEEDINGS AND DEBATE 85
a very material difference in the number of population, as
it was well known that during the month of June as many or
more immigrants landed in Wisconsin, than in any other
month of the year, and it would be important to present as
large a population as possible to Congress with our consti
tution. Mr. Mooers [said] there is [was] another reason that had
no small influence upon him in sustaining the bill as it was.
Next session of Congress is a short one, and there would not
be time between the time of holding the convention for the
people to examine and vote upon the constitution, and after
those returns can be made, for that instrument to be pre
sented to Congress for its approval at that session. And a
failure to do so would cause a delay of a whole year in the
organization of the state government.
The amendment was lost.
Mr. Burnett moved to amend the bill in the eleventh sec
tion, which apportioned the members of the convention by
giving one to every county, one for every 1,300 inhabitants,
and one for a moiety of that number after the first 1,300,
by changing it so as to give a member for 1,800, or a moiety
of that number, whether the county had 1,800 or notj
This amendment was defended by Messrs. Burnett, Mor
row, and Darling, as being the more just and equitable to
wards those counties having about 1,500 people, than the pro
visions of the bill.
Mr. Burnett moved to strike out the "first Monday of Oc
tober" and insert "second Monday of November" in section
16 fixing the time of holding the convention. He was of
opinion that it would give the convention ample time to com
plete their work before the meeting of the legislature.
Mr. Jackson was of opinion that if the proposed time was
adopted there would not be sufficient time for the constitu
tion to be submitted to the people before the fourth of March,
or in time for the action of that body.
Mr. Parker would submit that the time proposed would
be the same as that on which the district court would be sit-

86 WISCONSIN HISTORICAL COLLECTIONS
ting in Milwaukee County, and that circumstance would pre
vent many who might be willing to come from attending,
being prevented as attorneys, suitors, and witnesses in court.
Mr. Phelps could not vote for the amendment on any con
sideration, because he perceived it had been fixed in the bill
purposely to accommodate the county of Milwaukee. And
since Milwaukee was the territory, and its interests alone to
be looked after, he should support the bill as it stood.
Mr. Crawford should vote against the amendment, but
not for the reason given by the gentleman, his colleague, for
while he conceded that there were some very good lawyers
in that county, he did not believe any of them would be sent
here to attend the convention. He was in favor of the bill
as it now stands.
On motion of Mr. Magone the bill was amended in the
eighteenth section so as to make the pay of members of the
convention $2 per day. And then the committee and the
house adjourned.

DEBATE IN THE HOUSE OF REPRESENTATIVES,
JANUARY 24, 184623
The morning business being gone through with, this bill
[on statehood] came up in its order, when Mr. Phelps with
drew his motion to amend the bill by striking out "secre
tary" and inserting "auditor."
Mr. Mooers moved an additional section, which provides
for the performance of the duties of the officers specified in
the act by others the governor may appoint on their refusal
to act, which prevailed.
Mr. Brown moved to amend the fourteenth section of the
bill so that none but citizens of the United States should be
eligible to the convention.

23 The report of the debate is taken from the Madison Argus, February 3,
1846.

OFFICIAL PROCEEDINGS AND DEBATE 87
Mr. Burnett, though not in favor of that portion of the
bill which allows foreigners not citizens to vote, because he
thought in common with the vast majority of the people of
Grant County, at the same time could but believe that it was
no more than right that those who were voters should be
eligible to the office voted for. He knew only of the excep
tion of the president and senators of the United States,
where the dignity and importance of the station demanded
some such exception. The delegates to this convention did
not in his opinion form such an exception.
Mr. Brown withdrew his amendment.
Mr. Brawley moved to strike out the word "white" wher
ever it occurred in the bill. His object was to enable the
half -blooded Indians to vote. They had, as he understood,
been rejected in some instances.
The amendment was lost — ayes 10, noes 16.
Mr. Burnett understood that the bill had now been per
fected by its friends, and he took the occasion to explain the
position he should himself occupy, and the vote he should
give on the question of its passage. Thus far gentlemen
must concede to him that he had made no improper objec
tion to any portion of the bill. What amendments he had
proposed he had, in making them, been influenced only by
motives of friendship, and a desire to perfect and carry out
the design of the bill. The people of the county of which
he was a representative were opposed to state government,
and more opposed to that portion of the bill which extends
the right of suffrage to foreigners not citizens. His own
opinion was to submit the question to the people of the ter
ritory at the next election, after which the legislature could
act understandingly. Some members of the committee on
this subject were in favor of immediate action, so as to get
into the Union at the next session. This to him appeared
untimely, if not impossible. There was in the committee a
great diversity of opinion on the subject, but few agreeing ;
at last, however, the majority settled down on the bill as it

88 WISCONSIN HISTORICAL COLLECTIONS
then stood. To that he was opposed, and desired to record
his name against its passage.
Mr. Brawley then proposed to amend the bill so as to let
half-blood Indians vote ; and said that there had some ques
tion risen in his portion of the country in relation to the
right of this class of citizens to vote. He was not in favor
of letting the negroes have the same privileges.
Mr. Morrow was in favor of the amendment if his col
league thereby meant to include the Brothertown and Stock-
bridge Indians. As to the half-bloods, who had adopted the
habits and customs of the whites, he was not aware of any
question ever having arisen in his or any portion of the
territory. Were there any doubts in any portion of the
territory, he was willing that doubt should be removed.
Mr. Burnett [said] the rule of law on this point was, he
believed, fully settled, that the children were considered as
belonging to the nation of the father, and not of the mother.
It had come before the chief justice at the Crawford circuit
a few years since, in a case of murder of a half-blood by a
Winnebago, in which His Honor decided that the case was
clearly within the acts of Congress, and that the murdered
man was a white man. His own opinion was that the adop
tion of this amendment would be to create confusion rather
than uniformity.
Mr. Morrow agreed with the gentleman just up ; lest there
might be some question in relation to the classes of men he
had mentioned, he would move to amend the amendment so
as to permit Indians, citizens of the United States, to vote
on the question.
This amendment was lost — ayes 12, noes 14 — the position
being taken that only negroes were excluded by the bill.
Mr. Morrow then rose and spoke at some length against
the bill. He said before the proclamation is made by the
vote of this house of the final passage of the bill now under
consideration, he desired the indulgence of the house for a
few minutes, for the purpose of offering a few brief remarks
explanatory of the vote he should give upon the same. This

OFFICIAL PROCEEDINGS AND DEBATE 89
indulgence he presumed would be extended the more freely
to him and the other members of the house occupying the
same position with himself upon the subject under the ne
cessity which exists of offering suitable apology for record
ing his vote in opposition to the bill. The same necessity
or propriety for such explanation does not apply toward the
majority upon this as upon other subjects. Their views are
generally expressed in their proceedings, and by their acts
are shadowed forth to the public their reasons for the same,
but which on the part of the minority, in the absence of ex
planation, sometimes may be effectually suppressed or mis
conceived. Therefore, he hoped the patience and courtesy
of the house would not be withheld from any member of the
minority, and it was most obvious from the rapidity with
which this bill had been matured and rolled through both
branches of the legislature to its present stage, that those
members who were desirous of placing themselves in a
proper position upon the same before the public, and who
would assign some cause for their want of comprehension of
the reasons which address themselves so irresistibly to the
minds of others, and for being found so far in the rear of the
lights of experience, the spirit of the age, and public opinion
upon this important question [should be granted opportun
ity to do so].
He asked permission further to qualify his action by the
distinct avowal that did no other interests than his own en
ter into the adoption of the measure, was there no endeavor
on his part to consult the views and wishes of others, and a
disposition to be governed thereby, the house would have
been relieved of the necessity which now impelled him to
claim its attention. And though some features were not such
as to meet his entire approbation, yet individually these,
however objectionable, could have been acquiesced in, and his
vote upon the same not placed in the minority. At the an
nual election of 1844 when this subject was presented to the
people for their acceptance or rejection, as is now contem
plated under the operations of the present bill, his vote was

90 WISCONSIN HISTORICAL COLLECTIONS
then given in favor of the same, as it shall be again when it
is submitted to the same tribunal on the first Tuesday of
April next. He would then have resumed his original char
acter, in which capacity it will be his right, like that of every
other independent citizen of the community, and in the exer
cise of which he will feel justifiable, guided by the dictates of
his own conscience and acting in obedience to the direction of
his own judgment, to vote uninfluenced by the shackles which
sometimes trammel the representatives of the people. But
this he was not now authorized to do. When a retrospective
view is taken of this whole subject, from which it is shown
that less than sixteen months have elapsed since the same
issue was had thereon, as is now intended, and a recurrence
[made] to its result the inquiry forces itself upon us : What
other evidence has been afforded us to act with a view of
adapting ourselves to public opinion in a representative ca
pacity, and without seeking to originate and direct that opin
ion upon this important subject than what was then ex
pressed ? And this inquiry to his mind was sufficient to cre
ate doubt, and that doubt hesitation, which, until the same
were removed by other and as good evidence to the contrary,
he felt would justify him in witholding his vote from this bill.
On that occasion, which has been too recent for the result
not to be familiar to us all, the vote in favor of this subject
was so largely in the minority as hardly to appear respect
able ; and in the district which with others he wished faith
fully to represent here, there was scarcely one in twenty if
one in fifty in favor of the same.
He did not wish to impugn the motives which influenced
others upon this subject but was free to concede to every
member of the house the same honesty of purpose which he
had for himself ; for their action they may have good and suf
ficient reasons, substantial evidence for moving with as much
precipitation in this matter. In these districts they may
have witnessed demonstrations on the part of the people in
their primary character in favor of this subject ; and for his
part he had no such evidence ; he had received no such posi-

OFFICIAL PROCEEDINGS AND DEBATE 91
tive partiality from the people of his district as to justify
him in aiding the hastening of this matter without rendering
its propriety and expediency somewhat questionable to say
the least. It is not untrue, that since its last test he had
heard many leading and influential men, who then rose in its
opposition, repeatedly say that the time had arrived to as
sume that position among the family of republics to which
our numbers entitled us. And he came here expecting to
witness the agitation of the subject and prepared, if neces
sary, to renew the act authorizing a vote upon the same, but
this was as far as he had believed it would be candid, and
that not to take effect earlier than the next annual election.
It is not to be denied that an additional impulse is almost
always given public measures when they are agitated when
any large body of men are assembled together, and he was
free to say that he believed the principle possessed an appli
cability in this instance, for which he had made too little al
lowance. But as he did not design to occupy time unnecessarily upon
this subject, and had only risen with the view of offering a
few reasons for recording his vote in the negative, rather
than for the purpose of making any argument, or entering
any protest against the passage of the measure, he would
pass on more rapidly to a bird's-eye view of some of the
practical operations of the bill for such reasons as he had
entertained against it.
In the report of the joint select committee who were ap
pointed to mature and draft this bill, it is forcibly if not con
clusively shown that the territory, in throwing off her de
pendence upon the bounty of the general government, will
indirectly receive advantages and be entitled to considera
tions altogether superior to any which we now enjoy, and,
although these may be appropriated to the most laudable
objects, and expended in advancing the public interest and in
building up a northern member of the republic little if any
inferior to the foremost now within its limits, yet in an early

92 WISCONSIN HISTORICAL COLLECTIONS
history it requires little stretch of the imagination to believe
this will be badly realized and less properly appreciated,
[and] that the direct means indispensable for the successful
and creditable maintenance of state independence in its most
economical form will be felt to be oppressive and burden
some in the form of a revenue collected directly from the
people. Though we concede the vast means and wealth, and the re
sources of Wisconsin, yet it is not to be denied that the great
body of the people of Wisconsin are possessed of small
means. Those who have had energy and perseverence
enough to sever the ties which bound us to the innumerable
associations of youth, home, and friends, and the stronger
chains of money and monarchial despotism by which the few
are so far exalted above the many, to unite here single-
handed on an equality, relying upon our industrial efforts,
reclaiming and fertilizing a new country, for our slow but
sure reward, an inheritance or a home that we can proudly
call our own — we are not in a condition to endure more than
a moderately low system of taxation, and indeed so large has
this already become by the continued appeals to the patriot
ism of the people and demands upon their productive ener
gies, to keep pace with the improvements incident to a new
country in the building of schoolhouses, and supporting
schools, the expenses appertaining to county organization,
and erection of public buildings, the survey and improve
ment of roads, with many other sources of expenditure, that
a very general complaint is already heard against the bur
dens of taxation ; yet by the operations of this bill, if no one
else can tell in what ratio these burdens, are to be increased,
all will admit that it will be very considerable. By a legisla
tive act approved February 24, 1845, to provide means for
the payment of the public debt of the territory, the several
counties were required to lexy a tax of one and a half mills
on the dollar for territorial purposes. This sum, in addition
to the amount levied for county purposes in the county in
which he resides, makes a tax of about one and a half per

OFFICIAL PROCEEDINGS AND DEBATE 93
cent upon the dollar, which perhaps little if any exceeds the
revenues of the different counties generally.
By the report of the auditor of the territory it will be seen
that from this tax a territorial revenue has been collected of
$11,691 ; and yet is there any member of this house who will
so jeopardize his reputation as a legislator as to say that this
is one-sixth of the amount which will be required to meet the
ordinary and incidental expenses necessary to the mainte
nance of state sovereignty?
He was opposed to the bill because of the amount proposed
to be paid to the members of the convention. He thought
that members should receive no more than sufficient to pay
their expenses under the most economical style they could
adopt. Two dollars a day was certainly too much. To his
mind, the honor and credit of being a member of the conven
tion would be a sufficient compensation for attendance.
He would notice one other objection to the bill, and he had
done. The bill proposed to take the census in June next.
This he thought was uncalled for at present, owing to the
vast influx of population to this territory. It could not be
denied that in the course of two or three years, at the far
thest, a new census would be required to make a just and
equal apportionment of members of the legislature of the
state. With these views he could not vote for this bill.
The bill then passed.

PROCEEDINGS IN THE COUNCIL, JANUARY 16, 18462*
The Council, in committee of the whole, Mr. Reed in the
chair, had the bill relating to [statehood] under considera
tion when, the first section having been, read through by the
Chair, Mr. Kimball moved to strike out the word "white"
and insert the word "free."

24 The report of the proceedings is taken from the Madison Express, Janu
ary 29, 1846.

94 WISCONSIN HISTORICAL COLLECTIONS
Mr. Frank proposed to amend the section so as to make it
read that all who are now by law allowed to vote on this ques
tion may vote, etc.
Moses M. Strong said the committee had taken this matter
under consideration, and though the bill was first drawn in
accordance with the suggestion of the gentleman, it had been
altered because they had come to the conclusion that the law
as it now stood was nugatory and unmeaning ; therefore this
bill was so drawn as to enact in positive terms what was in
tended to be enacted in that act. The law to which he re
ferred said "no man should vote" who had not certain quali
fications, but did not say that all who had those qualifications,
but who were not in the exceptions, might vote, thus leaving
the matter to be decided by the judges of election. He could
not tell what those decisions would be. Some might permit
all to vote, and others might be governed by the organic act
and allow only citizens to vote.
Marshall M. Strong could not see the law as the gentleman
had explained it, and he did not believe the courts would so
decide if it were to come before them. The rule of construc
tion was to give a statute such a meaning, where there was
ambiguity, as would carry out the intent of the legislators,
where such intent was manifest. This act meant something
at least and as it is an amendatory act it is plain that it must
be taken as an act limiting that act which it amended. He
was in favor of the amendment of the gentleman from Ra
cine (Mr. Frank) as it would obviate the necessity of repass
ing an act that must be more or less agitating in both houses,
and he did not entertain the fear the gentleman from Iowa
had expressed that judges of election would not construe the
law as was intended by the legislature.
Moses M. Strong has put this construction on it and he did
not know that others might not do the same thing. He would
concede that the gentleman just up was a good lawyer, and
he professed to be a tolerable lawyer, and they could not
agree on what should be the construction of the statute.
Would then, he would ask, judges of election be more likely

OFFICIAL PROCEEDINGS AND DEBATE 95
to agree ? It appeared to him that the gentleman was afraid
to discuss this matter, and therefore he would try to evade
it. For his part he was ready and willing at all times to
meet it; he was for letting all white men vote, and for ex
cluding all black men. He would never suffer under any
circumstances, if he could hinder it, a negro to vote, nor
would he place the power in the hands of any judge of elec
tion to say that this or that white man shall or shall not
vote; but he wanted to remove all doubt in relation to the
matter. Mr. Baker looked on this act referred to as an amendatory,
not [a] repealing one — an act restraining the first — and be
lieving so he could not think it would be construed as the
gentleman just up had supposed it would.
Moses M. Strong: Will not some men put my construc
tion upon it?
Mr. Baker could not say they would not though the thought
had never struck him in that light. And he chose to let the
law remain untouched.
Mr. Strong had repeatedly met this question, and feared
not to meet it again, every day in the year if necessary, and
he deemed the present was a sufficient necessity to demand a
vote from the Council. He wanted to say now and always
that he was opposed to "nigger" voting.
Marshall M. Strong was not afraid to meet the question
at any and every time that there was a necessity for [it]
though he was opposed to any unnecessary agitation of the
subject. There was one thing he could not allow to pass un
noticed. He alluded to the stigmatizing manner in which
the gentleman just up had spoken of a certain class of men,
many of whom are truly worthy. He did not like to hear
them called by the contemptuous epithet, "niggers." They
were in Mr. S's opinion as truly worthy, as deserving of a
vote and [the] privileges of freemen as are many of the
whites, and more so as a class in this territory than are the
Norwegians. He asked the gentleman where he would place
the line of demarcation between the white and black race.

96 WISCONSIN HISTORICAL COLLECTIONS
Would he exclude the half-bloods of the negro race, or the
half-bloods of [the] Indian, or even the full-blooded Indian
who was a citizen of the United States ? How much of the
African blood shall cut a man off from a vote? As he said
before, he was disposed to let this matter alone for the pres
ent, as it has been settled by the legislature. The gentleman
says there are reasons why these men should not vote. What
were those serious reasons? He had, as Mr. S. understood,
been raised in Vermont, where negroes were allowed to vote.
Was that state less enlightened, less patriotic — were its laws
less pure than those of any other state in the Union? The
same was the case in the other New England states where
they were admitted to the rights of freemen. Why then
should they be excluded but for the reasons given by McDuf-
fee that they are not men but only a higher order of the
orangoutang, beings without souls? That was a doctrine
he could not subscribe to, and he did not believe anyone
here would do so. If they were an inferior race of human
beings as some others have supposed, then he would let them
vote for the purpose of elevating them in the scale of intel
lect. Thus far he had heard no argument but calling them
"niggers," and taunting members of the Council with being
afraid of meeting this question; as if there was some great
merit in following in the wake of popular opinion. If the
gentleman wants to show out as a man regardless of popu
larity let him show it by resisting the popular current.
Mr. Catlin said that he had it in his mind to call the gentle
man to order for scandalizing his constituents, the Norwe
gians. Those that are settled in this country are very dif
ferent men from those described by the gentleman as resi
dents of his country, and were not habitants of holes in the
ground, and reduced to a single pot as a cooking utensil. He
was willing to grant that negroes are men and have souls,
as well as others, but at the same time he was opposed to al
lowing negroes to vote in this territory, on the ground of
inexpediency. They are a race of men that cannot live
among whites, as experience has abundantly shown; and he

OFFICIAL PROCEEDINGS AND DEBATE 97
was not disposed to encourage negroes to come into the ter
ritory, and if by depriving them of the right of voting he
could prevent their emigrating here he chose to do so. He
was not disposed to encourage them to come here from the
slaveholding states. With these views he could see no ob
jection to the bill as it then stood, being perfectly willing to
vote for it, and to record his vote if necessary.
Mr. Frank then withdrew his amendment, and the motion
of Mr. Kimball was before the committee to strike out the
word "white."
Moses M. Strong said he regretted [that] this discussion
had sprung up, that [but since] allusion had been made so di
rectly at him he must be allowed to say he did not mean to
make it a matter of boast that he was not afraid to speak
what he thought in relation to negro suffrage. He did not
believe that in this matter he was courting the breeze of pop
ular favor, as had been charged upon him. True it was, that
in his county negro suffrage was not popular, as was mani
fest from the vote of the county at the late election for dele
gate to Congress, when Iowa gave not a single vote for the
abolition candidate. But there was one remark he felt called
on to make. Whatever he now thought, one thing he would
boast of, he had never changed his ground in relation to this
subject : he had never been found advocating and voting on
both sides of this question, as the journals of the Council
would show the gentleman from Racine to have done, if I am
[he was] not mistaken. If the gentleman wanted his opinion
in relation to this subject, he would give it to him though he
had rather not do so. He then would say that he did not be
lieve that the African race was inferior [equal] to the white
race of men, and they could not be raised to that elevated
position in the intellectual world that the whites were
in. He was opposed to the abolition movement and meas
ures, because even if they did believe that the negroes were
as elevated or as capable of elevation as are the whites, he
was of opinion that this was an improper time to agitate it.
He would not as a matter of policy give the South any rea-

98 WISCONSIN HISTORICAL COLLECTIONS
son to suspect that Wisconsin is favorably disposed towards
the abolition movement, and here will be a favored retreat
for the blacks. He could not associate and mingle with
them. It was repugnant to his feelings to see them brought to
the table, to caress them in the parlor, to take them to the bed
of the white, as they must be if the principle be carried out
that because they are human beings and have souls there
fore they should be promoted to and enjoy all the advantages
and privileges of the most enlightened white. Mr. S. begged
pardon of the committee for the time he had consumed on
this question, assuring them that no man regretted it more
than himself, and now he would not have said anything had
he not been particularly called on to do so.
Marshall M. Strong could not understand how it was that
the gentleman should say he regretted this discussion had
been gone into, when he had commenced [it] by boasting that
he was not afraid of meeting the question at all times and
places. The gentleman says there are a majority of the peo
ple in favor of extending the right of suffrage to the blacks.
If this be true, then was it also true that some members on
this floor must be misrepresenting their constituents. He
was charged with having voted for this measure one day and
against it the next.
Moses M. Strong : I see by the journals I have done the
gentleman injustice.
No, said Mr. S. he has done me no injustice. I did vote for
the measure at one time and against it afterwards. I had
reasons for doing so. I voted for it so long as I could see any
hopes of carrying the measure with the extended suffrage
contained in it, but when I saw that my vote must kill the bill
if I voted for it, I voted against it, because I believe that the
bill ought to pass rather than have no law on the subject.
He knew that philosophers had divided the human race
into races, some four or five he believed. He did not believe
the negroes in this territory as a class would suffer at all in
comparison with the Norwegians, yet gentlemen were per
fectly willing the latter should vote, while the former should

OFFICIAL PROCEEDINGS AND DEBATE 99
be excluded because of the color of the skin. The negroes here
were more intelligent, more civilized, better acquainted with
our institutions than the Norwegians — at least such had been
his experience. He had seen the Norwegians living without
what any other people would have considered the most abso
lute necessaries of life, burrowed so to say in holes in the
ground, in huts dug in the banks of the earth.
Moses M. Strong : Go into Iowa and you will find half of
the people living in the same manner.
Mr. S. would inquire of the gentleman if this was a sample
of his humanity? Would he thus promote the cause of the
southern slaveholder, lending to it his aid and assistance?
This legislature cannot influence the action of the South on
this subject, then why should the South influence us? The
true system is to place the abolitionists on the same grounds
as other men are placed, let their petitions receive that at
tention the subject demands, let the petitioners be cautiously
heard and treated, and by so doing the cause of irritation
would be taken away, and the excitement be put down.
Would this have been the course of the gentleman from
Iowa? "He," said Mr. Strong, "I have no doubt, would have
voted if in Congress to have rejected every abolition peti
tion. He would have voted for the gag rule to curry favor
with the South. Are such the principles that should influence
northern men? He tells us it is repugnant to his feelings to
mingle, to eat, to sleep with the negroes. Must then a man
be necessitated to bed with every man that may vote with
him or for him?"
Moses M. Strong : I said that the principle of making the
negro in all respects politically equal must lead to that re
sult. Marshall M. Strong : The gentleman from Dane, Mr. Cat-
lin, has told us that it was not expedient to allow the black
and white race to mingle together, and has given us an ex
ample of a negro at Cincinnati who murdered the man who
had been his patron. How many white men have done the
same thing? But because they have done so would the gentle-

100 WISCONSIN HISTORICAL COLLECTIONS
man dissolve all society? He, Mr. S., was not more afraid of
the ingratitude of the negroes than of the whites. Nor was
he afraid, if the right of voting was extended to them, that
they would debase or misuse their privileges or damage the
quality of our laws or institutions, nor did he believe it would
have a tendency to increase their number. Are there more
negroes in Massachusetts, where all the rights and privi
leges of freemen are extended to them, than in New York,
where the suffrage is limited? There are more in the latter
than in the former state, and more still in Pennsylvania, and
more free negroes in the southern states, where nearly all
the rights of freemen are taken from them. Have those New
England states not as good laws as any states south of them?
Have they not as good, as patriotic statesmen? Truly have
some men been called northern dough faces. Men who will
say to the South : Go on in your course of oppression, stop
your ears to all appeals of mercy, go on and we of the North
will go the whole figure in your support. But let it be re
membered that the slavery of the South is the most abject in
the world. It is the slavery of the mind, not of the body, the
bondage of the soul in the chains of mental darkness and
degredation; and the North is to sit by and see all this and
not say a word in favor of suffering humanity, because, for
sooth, the South may be displeased. We are to see three mil
lion of human beings trodden under foot, and say it is all
right and proper ; we are to see them panting for liberty, and
then to throw every impediment in the way of their escape.
He objected not so much because the negro was whipped as
because he was kept by his master in such degradation of
mind. The progress of democratic privileges had been onward,
until it became now to be the prevailing doctrine that the
right of choice was coextensive with the society governed.
So far has this doctrine gained that he did not bebieve that
if New York was now to reform her constitution she would
again make the invidious distinction she had done, of a prop
erty qualification in regard to the blacks. They can now

OFFICIAL PROCEEDINGS AND DEBATE 101
vote there if they have Dr. Franklin's jackass. He wanted
the man to vote and not the ass.
Moses M. Strong said he had charged the gentleman just
up with having voted against this amendment, and also with
having voted for it. In this he had discovered he was mis
taken, the gentleman had not changed his vote. He had at
all times voted against this proposition which he was now ad
vocating, and he begged leave to withdraw the charge of in
consistency. Marshall M. Strong : I changed in nothing. I was op
posed to any restriction; I spoke against it long and loud.
I spoke against it in committee of the whole, and it was only
when I saw that the bill must be lost unless the restriction
was in it, that I, having the casting vote, consented to vote
as I did to save the act, and I would under similar circum
stances do the same thing again.
Mr. Whiton was glad that this discussion had sprung up ;
it showed the traps these two gentlemen had been setting for
each other, and put him in mind of a stanza in an ancient ver
sion of the psalms of David.
"He digged a pit, he digged it deep,
"He digged it for his brother,
"And for his sin, he did fall in,
The pit he digged for t'other."
He should not discuss the question whether all the human
race were of the same common stock or not. An answer to
that question would in no manner change the rights of the
parties concerned. But if it were conceded that though
they were black, they were nevertheless men, and if men, he
took the ground they were as much entitled to all the privi
leges of the elective franchise as other men. This, too,
seemed to be the ground taken by the gentleman from Ra
cine, and to him it appeared exceeding strange how that gen
tleman could, holding such opinions, have given his vote to
cut off so large a class of men from rights he believed them
entitled to. Could the passage of the law at the last session,

102 WISCONSIN HISTORICAL COLLECTIONS
which would seem to be of no earthly use, have been so urgent
as to make a man do a violent wrong? Mr. W. was not dis
posed to discuss this question at this time, and had only risen
to point the gentleman to the pit he had digged and fallen
into himself.
Marshall M. Strong : I say again that I voted for the bill
of last session, and against this position, because I wished
to save the bill. I saw the Whigs united to kill it by any and
all means, and the movement was made and advocated on
that ground by the gentleman from Rock, just up, and I be
lieve by the gentleman from Grant, Mr. Rountree.
Moses M. Strong : Not so, you cannot catch him in that
snap. Mr. S. continued : I may be mistaken as to him, but I saw
the bill would be defeated should I vote against it, and having
the casting vote I cast it as I did.
Moses M. Strong : Then the gentleman would do a wrong
to accomplish a good.
Mr. S. replied [that] he did not consider that he had done a
wrong ; on the contrary he had succeeded with the best terms
he was able to.
Mr. Whiton would be glad to learn, and he would inquire
of the gentleman from Racine, why he made a limit in the bill
in favor of certain foreigners. For his part, he thought if one
was entitled to vote, all were, for he took the ground that the
act of Congress had limited the legislation to allow only citi
zens the right to vote, and any attempt to extend that right
would be a direct and open violation of the act of Congress.
Marshall M. Strong would, in reply, say that he had voted
to fix a limit to the right of foreigners to vote on this ques
tion on the ground of expediency, and on that ground he Was
in favor of letting negroes vote. As to the act of organization
referred to by the gentleman, he would remark that he did
not consider it of any binding force or effect. And he would
not as a judge of election undertake to say that the act was
unconstitutional, but finding the law as it would appear, he
would follow its commands, however much he might disap-

OFFICIAL PROCEEDINGS AND DEBATE 103
prove its policy. And he had no doubt he should do the
same had he been in Great Britain.
Mr. Whiton could not understand the ground taken by the
gentleman from Racine, in relation to all these voters. If he
rightly understood the matter, the right of this legislature to
extend or contract the right of suffrage was based on one of
three grounds : the law of nature, the law of Congress, or the
Ordinance of 1787. It is not from the act of Congress that
this right is denied, for that in express terms forbids the
right of suffrage from being extended to any but citizens of
the United States. It is not from the Ordinance of 1787, for
if the gentleman should appeal to that and say there he found
the power and authority, he would reply to that in this wise :
By the ordinance all free inhabitants are placed on an equal
footing, and the gentleman will see that he can make no dis
tinction in favor of one and against another, no matter what
the sex, condition, or color. But if he should insist that he
relies on neither of those, but resorts to the law of nature for
his authority, he will find himself surrounded by equally em
barrassing difficulties. If a man has a natural right to vote,
that right is one of the inalienable rights of man, and this
legislature has no right to take it from him or to limit or re
strict it. This legislature cannot limit a law of nature. She
is above their power and control. Expediency cannot take it
from him. It is a right that must remain with him through
all time. Mr. W. did not say that such had been the argu
ments of gentlemen in favor of extending the right of suf
frage beyond the limits of the organic act to foreigners, but
he would say that it was the best that could be put into their
mouths. Still there was this consequence if the law of nature
was the one on which the right was based: that no limit
could be placed on it as was attempted to be done in the bill,
but they must receive the ballot of every man, no matter
whether he be a native or foreigner, whether he understand
the principles and policy of our government or not, who shall
offer to vote. His claim is founded in nature and cannot be
taken from him by an act of the legislature.

104 WISCONSIN HISTORICAL COLLECTIONS
Marshall M. Strong would reply to the gentleman just up,
by saying that he did not draw an argument on the power of
the legislature to pass an act to extend or limit the right of
suffrage on this subject from either of the grounds assumed
by the gentleman ; but he based that right on the supposed
contract every man had made when he entered into society,
and not on a natural right.
Mr. Whiton: How then does the gentleman get rid by
[of] the express prohibition in the organic act?
Mr. S. replied that he took the ground that voting for a
state constitution was a very different matter from the right
of suffrage mentioned in the act of Congress.
Mr. Catlin rose to call the attention of the committee to
the point before them, which was the policy or impolicy of
allowing negro suffrage in Wisconsin. Thus far he must
say that he had heard but little said that appeared to him in
point. He took this ground that the negroes were of an in
ferior race of the great human family, that the whiter the
race the higher they would be found in the scale of intelli
gence, and that the degrees could be enumerated by the
shades till the blackest African formed the last link in the
chain. In their native country, where the white man has
never carried his influence, they are not equal to the most
abject nations of the whites. Among the white race im
provements have gone on, while among the blacks no advance
is made till white influence has excited it. If they had one
common father, and he was not disposed to controvert it,
they set out on the race of improvement on equal terms ; but
where are they now? They have been left at an almost in
terminable distance in the rear. He did not suppose but they
were human beings, but he did suppose them to be now an
inferior race, whom policy demanded to be kept separate
from the whites. Again, to encourage them was to encour
age amalgamation. The policy of such a course was most
deleterious to the offspring ; and this to his mind was clearly
a conclusive evidence of their being a different species. Old

OFFICIAL PROCEEDINGS AND DEBATE 105
white men, and old negroes of the full blood are common,
especially at the South ; but the half-bloods do not live to be
be an old man. But the cross of the English with the Ger-
old. He had never heard or read of a mulatto who lived to
man, the French, the despised Norwegian, or any of the
white nations has no such results, but on the contrary most
commonly the offspring is more hale and robust than the
parents. He had hoped that this discussion would have been
avoided, and therefore he was not sure but it would have
been better to have taken the proposition of Mr. Frank, as
that would have prevented the whole discussion. As it was
he hoped no more time would be lost. And he would con
clude by saying that, when the white man had been long
enough among us to learn our ways and to declare his in
tention [of] making this his future home, he would welcome
him here.
Mr. Kneeland was opposed to the amendment proposed by
his colleague, Mr. Kimball, because it would render negroes
capable of sitting as members of the convention, and he was
not in favor of having them legislate for him. One word as
to the (if we were to take the word of the gentleman from
Racine in relation to them) despised Norwegians, and he
had done. He would assure that gentleman [that] those in
Milwaukee County, and he presumed they had as many as'
Racine, were not such a degraded race of beings as he had
represented them.
Mr. Kimball was in favor of letting the people of the ter
ritory decide on this question, and for that purpose he
wanted a full and fair expression.
The question was then taken and the amendment was lost,
ayes 5, noes 7.
Marshall M. Strong moved so to amend section 9, as to
provide that the expense of taking the census should be paid
from the county treasuries.

106 WISCONSIN HISTORICAL COLLECTIONS
Mr. Knowlton objected to this amendment, as it would
operate injuriously to the different counties of the territory,
some being obhged to pay much more than others.
Mr. Baker was disposed to let the accounts for this object
be paid out of the territorial treasury, and then should Con
gress make an appropriation to defray the expenses they
would be all in one place, and easy of adjustment.
Marshall M. Strong was exceedingly sorry that the gentle
man from Crawford had such an outlandish, outlawed set of
constituents, who will neither have courts nor vote for dele
gate to Congress or county officers, pay a tax nor take a
census of their population.
Mr. Knowlton could not sit by and quietly hear his con
stituents in Crawford called outlandish, and outlaws ; but he
must take this opportunity to inform the gentleman from
Racine that his s constituents had paid as much money into
the territorial treasury, yes, more, in proportion to her popu
lation, than any other county in Wisconsin. This they had
been obliged to do because of the ^expenses of the county in
maintaining jurisdiction over the vast extent of country em
braced within the jurisdiction of her court. That county
will not consent to wadd to that expense the amount of taking
the census, as they will be required to do under the opera
tion of the amendment. He was desirous of having the cen
sus of the counties of which he was the representative, but
he was quite certain if the amendment prevailed it would
result in a prohibition to those counties of a representation
in the convention, by means of preventing a census from be
ing taken.
Mr. Whiton : If the people of those counties will not con
sent to tax themselves for the support of a county govern
ment, nor to take a census, and thereby will not be repre
sented in the convention to form a constitution, he did not
believe the rest of the territory should pay for such expenses,
and that portion most interested refusing to pay any part
of the same.

OFFICIAL PROCEEDINGS AND DEBATE 107
Mr. Knowlton : Those men will lay a tax [and] will pay
their share of the expense, so soon as their lands shall be
brought into the market and rendered liable to taxation. He
would again say as he had before said, there is not a more
worthy class of men in Wisconsin.
Marshall M. Strong was sensible that there must be a
great many most excellent men in that county, and he was
the more inclined to this opinion because they have the
twelve apostles and a host of other saints located there.
The amendment prevailed, and the counties were required
to pay the expense of taking the census in their respective
counties. Marshall M. Strong then moved further to amend the same
section by striking out the compensation of two dollars a
hundred for taking the census, which prevailed.
Mr. Knowlton then moved to fill the blank with $1.99.
Moses M. Strong moved to fill with $1.90, $1.55, all of
which were successively lost.
Mr. Baker moved to fill the blank with $1.50, which pre
vailed. Moses M. Strong: You have swindled us out of fifty
cents. Marshall M. Strong: Yes, and have saved $600 to the
territory. Mr. Frank moved to amend the bill by adding section 16,
providing for the organization of the convention, which pre
vailed. Marshall M. Strong moved to amend the bill by adding
section 17, providing for the allowing  per day and ten
cents per mile traveling fees.
Mr. Catlin moved to fill the blank with $1.00. He was
in favor of as small a sum as compensation as could be
passed. The convention would be large considering the
population of the territory, amounting to about 90 or 100
members, and would be attended with a very large expense
to the territory, and he had no idea that Congress would pay
any part of the same. The sum he had proposed, added to

108 WISCONSIN HISTORICAL COLLECTIONS
the mileage, would be sufficient to enable men who might be
elected to attend the convention, and more than that sum
ought not to be given.
Mr. Knowlton Was in favor of a larger sum than that pro
posed by the gentleman from Dane. He was of opinion that
the sum proposed would be so small as to prevent men of
talent and influence from attending on the convention. It
may be sufficient for members who reside in the town of
Madison, where they can attend to their ordinary business,
and also on the convention, but such was not the case in the
more distant counties. Should he himself be elected to that
convention, he was sure he could not afford to come here
for that pay, and he was of opinion that no man who would
be elected from Crawford could or would attend, by reason
of the sacrifice they would be obliged to suffer.
Moses M. Strong moved to fill the blank with $2.
Mr. Kneeland was opposed to the sum proposed by the
gentleman from Iowa. The expense of the sessions of the
last legislature was $300 a day, and if that should be assumed
as any data from which to make conclusions as to the amount
of expenses of the convention, they could not be less than
$20,000. That amount he was unwilling to saddle upon the
territory and state of Wisconsin. His own opinion was that
members should receive no pay.
Moses M. Strong believed that the true policy on this
subject was either to pay members of the convention noth
ing and thus secure the attendance of none but wealthy
men in the convention or to pay them such a sum as would
enable the poor man to attend. Gentlemen were for having
a constitution formed with little or no expense to the people,
but in that they would find themselves mistaken ; and it mat
tered not how soon they were undeceived, otherwise they
would wake from their dreams with a large territorial or
state debt. The people have now or will have to make up
their minds to pay the expenses of forming the constitution,
and two dollars will not be more than sufficient pay for the
labor required.

OFFICIAL PROCEEDINGS AND DEBATE 109
Mr. Knowlton was in favor of having in that convention
some of that class of men who were unable to give their time
and services to the public. Among them were some of our
best and soundest-minded men — men whom he wanted not
only to see represented, but representatives in the conven
tion. The bill to insert $2 was lost, and $1.50 per day prevailed.
Mr. Baker moved to amend the bill so as to hold the con
vention at Milwaukee instead of Madison.
Moses M. Strong moved to insert Mineral Point, which
was lost.
Marshall M. Strong moved to insert Green Bay, which was
lost. And then Milwaukee was lost. After which the commit
tee and the Council adjourned.

DEBATE IN THE COUNCIL, JANUARY 17, 184625
Mr. Knowlton, in committee of the whole, moved to strike
out the word "eighteen hundred" in section 11, and insert
the words "twenty-three hundred." His object was to have
a less number in the convention than was proposed in the
bill (about ninety). He was of opinion that a small con
vention would make a constitution that would give more gen
eral satisfaction to the people than a large body. He would
cite the case of framing the constitution of the United States,
where there were only about forty delegates; and would
anyone expect that a convention of 2,300 would have been
more democratic — more safe to the welfare of our country,
or have given better satisfaction to the people in general than
the one adopted. Again, the state of New York, containing
over two million six hundred thousand inhabitants, has

MThe report is taken from the Madison Wisconsin Argus, January 27,
1846.

110 WISCONSIN HISTORICAL COLLECTIONS
agreed upon 160 delegates to amend their constitution. Ac
cording to population we would have but seven at that ratio.
Compare the state of New York with Massachusetts ; the for
mer, containing more population than all New England, has
but 128 in the Assembly, while the latter has about 500, and
who will contend that the laws of the former are better and
give more general satisfaction to the people than those of the
latter. Mr. K. cited the Supreme Court of the United
States, and also our own supreme court, to further illus
trate his views. He had seen courts with five judges in
New York, but their decisions were not so satisfactory as
the decisions of the circuit judge alone, and he believed the
same remark would apply to our district courts. The last
one he would trouble the committee with was that of the
Declaration of Independence. Does anyone suppose that
five thousand persons, congregated together for that pur
pose, would have made a better and more satisfactory
declaration than the one drafted by Thomas Jefferson — the
greatest paper ever presented to the world? If the amend
ment prevails we shall have about seventy delegates, and he
had heard no arguments in favor of a larger number. The
committee had reduced the per diem of the delegates to one
dollar and fifty cents on account of the "expenses" ; why not
reduce the number and give better pay so that the worthy
poor could come as well as the rich. He had observed by
the votes that no person who would be considered wealthy
voted in the negative, while the poorer voted in the negative.
Why the difference? Because the poor felt that they could
not let their families suffer for the purpose of attending the
convention, and of course they judged that others would
have the same feelings. It seemed to him that there was
more buncombe in this than sound argument. As for his
part, he was in favor of paying all the servants of the people
enough to secure talented men, or sufficient to honor the office
instead of having the office honor the man.

OFFICIAL PROCEEDINGS AND DEBATE 111
Motions were made to insert severally 1,000, 1,100, 1,200,
1,300, 1,400, 1,500, 1,600, 1,700, 2,000, 2,100, 2,200, and 3,000,
as the ratio, all of which failed ; and then 2,300 was lost.
Marshall M. Strong moved so to amend this section that
no county should have an additional member unless it had a
moiety of 1,800 over and above the first 1,800 inhabitants.
Moses M. Strong moved to amend the amendment so as to
make the ratio 1,300 instead of 1,800. That ratio would
probably keep the representation about the number that was
proposed by the bill, and it appeared plain that the Council
was determined to retain that number of representatives.
He hoped if the amendment was to be made, they would
adopt such a number as would not reduce the number in the
convention. Mr. Whiton was opposed to the original section as dis
tributing the members unequally among the people; but he
was more opposed to the amendment now proposed. The
original bill gave a member to each county irrespective of
its population — that is, a member is given to a district of
country; in that alone consisted the inequality of the bill.
But when this member has been disposed of, the ratio or a
moiety of the ratio was certainly entitled to another member
whether that moiety was in a large or small county. This
must operate unequally and unjustly in those counties which
have a large fraction, but not a moiety of the ratio. Thus a
county of 2,600 will be entitled to no more representation
than will a county of 100.
Mr. Baker was in favor of the principle of the amendment
proposed. He would, however, concede that extreme in
stances could be pointed out in which it would operate un
equally ; at the same time there was no county which would
not have a representative, and though there should be some
inequality, it was as equal as it could well be under all the
circumstances. Mr. Strong, of Racine, would accept the proposition of the
gentleman from Iowa, and fix the ratio at 1,300.

112 WISCONSIN HISTORICAL COLLECTIONS
Mr. Whiton : That amendment, though it may remove in
part, will not remove in whole the objection he had to the
amendment. Take for example the county with an assumed
population of 910, by the bill, and the ratio fixed at 1,800 ;
this county would have one for the county and for the frac
tion of 910 it would have another member, making two mem
bers in the convention, while by the amendment it would
require a population of 1,950 to give it two members. By
this supposition it must be plain that there may be a fraction
varying from 1 to 1,050 which by the bill would be repre
sented, which would not be by the amendment. Again, sup
pose the county of Racine to have 9,900 inhabitants or five
times 1,800 ; by the bill it would have five representatives by
the ratio, one for the fraction of 900, and one for the county,
making in all seven representatives. By the amendment
this county would have seven members, and a fraction of 800
entitling them to an eighth member in the convention; thus
plainly showing a manifestly unjust inequality operating in
favor of the large counties and against the small ones, and
this in equality increasing as the number of the population
increases. Mr. Knowlton rose to oppose the amendment, but observ
ing several members of the Council assembled near the fire
place engaged in earnest conversation, he said that it ap
peared to him as if there was a disposition to carry measures
through the Council by lobbying, and it appeared useless to
discuss matters further.
Moses M. Strong called Mr. K. to order, and while reduc
ing the words to writing, Mr. Whiton moved that Mr. K.
have leave to proceed.
Moses M. Strong explained that he and the others who had
been referred to were engaged on another subject.
Mr. Knowlton: If that be true then I will retract all I
have said that could injure the feelings of gentlemen.
Moses M. Strong withdrew his point of order, and Mr.
Knowlton stated [that] in his opinion the amendment offered

OFFICIAL PROCEEDINGS AND DEBATE 113
would most probably tend to defeat all representation from
the counties of the northwestern district.
The amendment was rejected by the committee, but after
wards adopted by the Council.
Moses M. Strong moved to amend the sixteenth section by
changing the time of holding the convention from the second
Monday of November to the second of July.
Mr. S. promised that should this amendment prevail
it would become necessary to make several other alterations
in the bill to make it correspond to the one he had proposed.
The bill as it then stood before them was based on the result
of an election by the people in favor of organizing a state
government. If that vote should be adverse, then there was
to be no action under the bill, no convention to be held. He
believed that vote would not express the opinions of the
people any better than it was then known and understood by
their representatives; there had been so great a change of
opinion on this subject that no doubt could be entertained
concerning the result of that election. Taking it for granted
that a convention will be called, that the people were in favor
of the measure, he was of opinion that the convention
should be held at the earliest possible day. Four years ago
when the then executive endeavored to press this matter upon
the people, circumstances existed that do not exist now, so
that the vote at that time will be no index of the public mind
at this time. At that time he conceded that he was himself
in favor of remaining under the territorial government. At
that time Wisconsin was setting up large claims to tracts of
country claimed by Michigan and Illinois; and had she at
tempted to go into the Union then setting up those claims she
would have been opposed by the whole South on the ground
that it would destroy the so-called balance of power in the
Senate. Since then Florida and Texas have become states
of the Union, without any states at the North to balance
them ; and, instead of opposition, we might reasonably expect
the urgent support of the whole North hastening our admis
sion ; so that what was then operating against us would now

114 WISCONSIN HISTORICAL COLLECTIONS
operate in our favor. With these things operating in favor
of the territory added to the vast acquisitions that had been
made to the population, he was in favor of entering into the
Union at the earliest possible day.
He was in favor of so amending the bill as to have the elec
tion held in the month of February, and if favorable for state
government the census should be taken in March instead of
June, and then by the first of May the governor can be fur
nished with the returns for making the apportionment and
order the election on the first Monday in June. Then the
convention can be held at the time he had named, and being
adopted by the people, the government could be fully organ
ized and the senators and representatives appear in the next
session of Congress. Will it be said that by so doing we
were acting too fast and that by a longer delay we shall be
able to obtain an additional representative in the House of
Representatives, by reason of the increase of population by
the summer immigrants? He was willing to grant that if
the census was not to be taken until June there would be
large additions made to the population, but it could scarcely
be possible to suppose it would be sufficient to give them an
other representative.
What was the great objection to the measure? He could
see none other than that there would be an expense for hold
ing a special election. But while there was that expense
which would be borne by the whole people, there are advan
tages in favor of the month of July that would in his opinion
far outweigh all objections he could think of, or had heard.
It is the best possible season in the year. The dog days are
then long and the convention can do much more labor than at
any other season, and the expense of lights and fuel will be
entirely saved. Again, as this would be the long session of
Congress, there was good reason to believe that a convention
held in July could get their labor before that body in time
for them to act on, before the fall election, and then we can
have their action before we are called on to vote. They will
not place this territory in the predicament that Iowa was in :

OFFICIAL PROCEEDINGS AND DEBATE 115
a constitution once accepted by the people, and then amended
by Congress, and subsequently rejected.
There was one other reason that had an influence on his
mind. The courts of Iowa and Milwaukee counties hold
their sittings at the time of the convention. He could speak
for his own county, that a very large class of the voters
would be glad to see their judge, the excellent chief justice
of Wisconsin, occupying a seat in that convention; in the
same way some of the members of the bar are wanted by
their fellow citizens. But if these should not have weight
enough to induce the Council to make the change, he could
scarcely believe but the desire to secure the attendance of
some who are witnesses and suitors would induce them to
change the time fixed in the bill.
Mr. S. did not think that there was any substantial argu
ment that could be urged against the amendment he had pro
posed, and more especially if it be determined to submit it
to Congress before it was voted on by the people, which he
believed to be the best course.
Mr. Knowlton could only say in relation to this matter
that, if the convention should be held at the time proposed,
there could be no representation here from the county of St.
Croix. The amendment was lost, and then the committee
rose. Mr. Baker renewed the motion to hold the convention at
Milwaukee. Mr. Whiton moved to insert Washington,
Washington County, in the amendment. This motion pre
vailed, and then the amendment was lost.
Moses M. Strong moved to add another section changing
the time of the annual election to the first Monday of Sep
tember. The amendment was made. Mr. S. then moved
to amend the sixteenth section so as to hold the convention
on the first Monday of October, which prevailed. In sup
port of this motion, Mr. S. said he was desirous of giving
the people time to vote on the subject before it was submitted
to Congress.

116 WISCONSIN HISTORICAL COLLECTIONS
Mr. Catlin could not see the need and propriety of taking
a vote on the constitution before it had been laid before Con
gress. His own opinion was that it would be better to sub
mit the constitution to Congress in the first instance, and
then, should alterations be made by that body, there would
not be the expense incurred of a second election. This
course would give the people the power to decide on all prop
ositions Congress should impose.
Mr. Whiton did not believe the constitution could be sub
mitted to this Congress should the convention be held at any
time in the month of October ; and he did not desire to see
the scenes of Michigan reenacted in Wisconsin; therefore
he would wait till Congress had acted on the subject.
Mr. Knowlton could not see any object to be gained by
sending the constitution to the people for their vote before
it was sent to Congress for its action.
Mr. Rountree had said nothing on the subjects of the bill
thus far, but he could not consent to send the constitution to
Congress without its having been first submitted to the peo
ple for their adoption.
Mr. Catlin was in favor of submitting the constitution to
the people as much as any other member, but the question
among them was, when it should be done, whether before or
after the action of Congress on the same. The amendment
prevailed. On motion of Mr. Whiton two sections relating to the man
ner of voting were adopted, and on motion of Marshall M.
Strong a section relating to the power of the convention was
adopted. And then the bill was ordered to a third reading.

OFFICIAL PROCEEDINGS AND DEBATE 117

AN ACT IN RELATION TO THE FORMATION OF A
STATE GOVERNMENT IN WISCONSIN26
Be it enacted by the Council and Hou»e of Representatives
of the territory of Wisconsin:
Section 1. That on the first Tuesday of April next, every
white male inhabitant above the age of twenty-one years,
who shall have resided in the territory for six months next
previous thereto, and who shall either be a citizen of the
United States or shall have filed his declaration of intention
to become such according to the laws of the United States on
the subject of naturalization, shall be authorized to vote for
or against the formation of a state government in Wisconsin,
by depositing with the judges of election in a box, to be pre
pared and kept by them, a ballot upon which shall be written
or printed "for state government," or "against state gov
ernment, ' ' and every person so authorized to vote may vote
on that question, at any town or precinct in which he may be
whether he resides in said town or precinct or not.
Section 2. All votes cast at such election shall be can
vassed, certified, and returned, in the same manner as is re
quired by law for the canvassing, certifying, and returning
of votes for delegates to Congress, and the secretary of the
territory shall make and deliver to the governor a certified
abstract of all such votes by counties, and in all those coun
ties of the territory which have adopted the provisions of
an act entitled "An Act to provide for the government of the
several towns in this territory and for the revision of county
government," the votes shall be canvassed, certified, and re
turned in the manner provided for by the act entitled "An
Act to provide for and regulate general elections," and for
that purpose the clerk of the board of county supervisors
shall perform all the duties required by law to be performed
by the clerk of the board of county commissioners.

' Reprinted from the Laws of Wisconsin, 1846, 5-12.

118 WISCONSIN HISTORICAL COLLECTIONS
Section 3. The governor shall appoint in each of the
counties of the territory some suitable person who is hereby
authorized and required to cause the number of inhabitants
in their respective counties to be taken, omitting in the enu
meration Indians not citizens and officers and soldiers of the
United States army, and the persons so appointed shall have
power to appoint as many assistants to aid them in taking
the census as they may deem necessary, assigning to each
assistant a certain division of his county, to be accurately
defined either by congressional township lines, the boun
daries of towns organized for town government, or be dis
tinctly bounded by water courses or public roads.
Section 4. The governor shall furnish to the secretary a
list of the names of all persons and-their residences so far
as he can ascertain the same appointed by him in pursuance
of the provisions of this act, which the secretary shall record
in the executive journal; and the secretary shall furnish to
every person so appointed, by the first day of April next,
a certificate of such appointment, and shall at the same time
forward to him the necessary blank forms for carrying into
effect the provisions of this act, to be prepared by the secre
tary; and the auditor of the territory is hereby authorized
to audit and allow the accounts of the secretary for all ex
penses incurred by him in carrying into effect the provisions
of this act, and give his warrant upon the treasurer for the
same. Section 5. The persons appointed to take the census and
their assistants shall severally take and subscribe an oath
or affirmation before some person authorized by law to ad
minister oaths, previous to entering upon the discharge of
the duties imposed by this act, that they will well and truly
cause to be made a just and perfect enumeration of all the
persons resident within their county or division, as the case
may be, and a true return thereof make in pursuance of the
provisions of this act, according to the best of their abilities,
which oath or oaths shall be returned with the census, as
hereinafter provided, to the secretary of the territory.

OFFICIAL PROCEEDINGS AND DEBATE 119
Every assistant so appomted shall return to the person by
whom he was appointed a just and perfect enumeration of
the inhabitants of the district or division assigned to him, in
the form so as aforesaid to be prepared by the secretary,
by the twentieth day of June next.
Section 6. Every person appointed, in pursuance of the
provisions of this act, to take the census and every assistant
who shall be appointed and accept said appointment, who
shall fail to make returns agreeably to the provisions of this
act, or who shall make a false return of the enumeration in
his county or division shall forfeit and pay the sum of two
hundred dollars, to be recovered in the name and for the use
of the territory before any court of competent jurisdiction.
Section 7. The said enumeration shall be made by an
actual inquiry by the persons taking such census, at every
dwelling or by personal inquiry of the head of every family,
in their respective counties or divisions, and shall commence
on the first day of June next, and shall be completed and
closed in thirty days thereafter, and said enumeration shall
include only those whose place of residence shall be in said
counties or divisions on the first day of June aforesaid, and
the several assistants shall, by the twentieth day of June
next, make and deliver to the person by whom they were
appointed, respectively, a true and accurate copy of the enu
meration of all persons, Indians, not citizens, and soldiers
excepted, within their respective divisions, which enumera
tion shall be set forth in a schedule designating the town
ships, precincts, or districts comprising his division, accord
ing to the civil or geographical boundaries thereof and shall
embrace the several families by the name of the head thereof
and the aggregate population therein.
Section 8. The several persons appointed in pursuance of
the provisions of this act to take the census in their respec
tive counties shall, by the tenth day of July next, prepare
duplicate copies of the enumeration of the inhabitants of
their respective counties and transmit one of said copies to
the secretary of the territory and deliver the other to the

120 WISCONSIN HISTORICAL COLLECTIONS
register of deeds of said county, or, if there be no register
of deeds in such county, to the register of deeds of the county
to which it is attached for judicial purposes, and the said
register shall preserve the same on file in his office subject
to the inspection of all persons.
Section 9. The persons appointed to take said census and
their assistants shall receive as compensation for the service
to be performed in taking such census at the rate of one dol
lar and fifty cents for every one hundred persons enumerated
by them respectively: Provided, That in the counties of St.
Croix, Chippewa, and La Pointe, and in those counties having
a population of less than one thousand souls, there shall be
allowed to the person making the enumeration [compensa
tion] at the rate of three dollars for every one hundred per
sons enumerated therein : Provided, also, That there shall be
allowed to the persons appointed according to this act to take
such census the sum of five dollars for making the abstract
or copies required by the preceding section ; each county shall
pay for taking the census within its own limits and for the
abstracts and copies of the same.
Section 10. As soon as the returns of the census shall
have been received by the secretary from the several persons
authorized to take the same, and by the first day of August
next, whether he shall have received all of the returns or not,
he shall proceed to make an abstract of the population of the
several counties as shown by the returns received by him,
which abstract he shall file in his office, and furnish a certi
fied copy thereof to the governor.
Section 11. Immediately upon the receipt from the sec
retary of the said copy of said abstract, in case a majority
of all votes cast upon the question of forming state govern
ment are "for state government," the governor shall pro
ceed to make an apportionment among the several counties,
of delegates to form a state constitution upon the following
principles, viz: He shall apportion one delegate to every
county in the territory for every thirteen hundred inhabi
tants in said county, and an additional delegate in every.

OFFICIAL PROCEEDINGS AND DEBATE 121
county if there shall be a fraction in such county over and
above the said number of thirteen hundred, or any multiple of
that number greater than one moiety of said number : Pro
vided, That there shall be one delegate apportioned to each
organized county, whether it shall contain the number of
thirteen hundred inhabitants or not, and no county shall be
entitled to two delegates in said convention unless it shall
contain over nineteen hundred and fifty inhabitants. No
two counties shall be united in the same election district for
the election of delegates.
Section 12. As soon as the governor shall have completed
said apportionment, he shall issue his proclamation and
cause it to be published in all the newspapers printed in the
territory and transmit a copy of it to each of the sheriffs of
the county, for an election of delegates according to said ap
portionment to be held at the time of holding the next annual
election in every county of the territory, and said proclama
tion shall specify the number of delegates so apportioned to
each of the counties of the territory.
Section 13. Immediately upon the receipt of said procla
mation the sheriff in the several counties in the territory
shall give notice that an election will be held on the day men
tioned in the proclamation of the governor in the several
towns and election precincts in each county for the election
of the same number of delegates in their counties, respec
tively, as the governor by his said proclamation shall have
apportioned to such county, and the sheriff in such notices
shall designate the same place for holding such election in
the several towns and precincts as shall have been provided
by law for the holding of elections in such towns and pre
cincts, and if no such place shall have been provided by law,
then such place as the sheriff shall think proper to select,
which notices shall be posted up in at least three public places
in each of said towns and precincts, and in case any county
shall be attached to another county for judicial purposes,
and there shall be no sheriff in it, then the sheriff of the
county to which it is attached shall perform the duties here-

122 WISCONSIN HISTORICAL COLLECTIONS
by required to be performed in such attached county in the
same manner that he is hereby required to perform therein
in the county of which he is the sheriff, excepting the coun
ties of Chippewa, St. Croix, and La Pointe, in which said
county [counties] it shall be the duty of the clerk of the
board of county commissioners to do the duties herein re
quired to be done by the sheriff. And the same persons shall
act as judges of election, at said election of delegates, as
shall act as judges of the general election and if there are no
judges present or if part only are present, the voters in at
tendance may appoint others to supply their places.
Section 14. At the times and places specified in said no
tices of election, all the white male inhabitants of the terri
tory above the age of twenty-one years, who shall have re
sided in the territory for six months next preceding said
election, and who shall be citizens of the United States, or
shall have declared their intention to become such according
to the laws of the United States on the subject of naturaliza
tion, shall be authorized to vote by ballot for the number of
delegates to the convention to form a state constitution which
shall have been apportioned to the county in which he is
voting, and no person shall vote in any county for delegates
unless he shall have been a resident of that county for ten
days next preceding such election, and every person author
ized by this act to vote for delegates to form a state consti
tution shall be competent to be elected a delegate to said con
vention for the county in which he resides.
Section 15. The votes cast for said delegates shall be de
posited in a separate box to be provided by the judges of
election for that purpose, and shall be canvassed, certified,
and returned, and certificates of election issued in the same
manner as is provided by law for the canvassing, certifying,
and returning of votes and issuing of certificates of election
for members of the house of representatives. And the
person or persons voted for, for delegate in each county
equal to the number apportioned to such county, who shall

OFFICIAL PROCEEDINGS AND DEBATE 123
have received the greatest number of votes shall be the per
sons declared duly elected as such delegates.
Section 16. The persons so elected delegates in the sev
eral counties of the territory shall assemble in the repre
sentatives' hall in the capitol, at Madison, in said territory,
on the first Monday in October next, at twelve o 'clock, noon,
and when so assembled shall have full power and authority
to form a republican constitution for the state of Wisconsin.
Section 17. The convention shall by ballot elect one of
their number president, and appoint one or more secretaries.
The convention may employ a doorkeeper, messenger, and
fireman, who shall be allowed the same amount per diem as
the delegates. The convention may also employ a printer to
do its necessary printing. The amount of pay to each dele
gate and officer of the convention shall be certified to by the
president of the convention.
Section 18. The delegates to such convention shall be en
titled to two dollars per day for every day's attendance at
said convention, and ten cents per mile for travel in going
to and returning from said convention, to be paid out of the
territorial treasury.
Section 19. If any person shall vote at either of the elec
tions provided for by this act, who shall not possess the qual
ifications of a voter as the same are prescribed in this act,
he shall be punished by a fine [of] not less than fifty dollars
nor more than one hundred dollars.
Section 20. When any person shall offer to vote at either
of the elections provided for by this act, and either of the
judges of the election shall suspect that such person does not
possess the qualifications of a voter, or if his vote shall be
challenged by any voter, one of the judges of election shall
tender to such person an oath or affirmation in the follow
ing form: I, A. B., do solemnly swear (or affirm as the case
may be) that I have resided in this territory six months,
and in this county ten days immediately preceding this elec
tion. I am twenty-one years of age as I verily believe. I
am a citizen of the United States (or have filed an applica-

124 WISCONSIN HISTORICAL COLLECTIONS
tion to become such according to the laws of Congress on the
subject of naturalization) and I have not voted at this elec
tion. And if such person shall take such oath or affirma
tion, his vote shall be received unless it shall be proved by
evidence satisfactory to a majority of the judges that he does
not possess the qualifications of a voter ; and if such person
refuses to take said oath or affirmation, his vote shall be re
jected. Section 21. If any person shall take said oath or affirma
tion, knowing it to be false, he shall be deemed guilty of per
jury. Section 22. Said convention shall have power to submit
the constitution adopted by them to a vote of the people, if
they shall deem proper; and to provide how the votes cast
upon that subject shall be taken, canvassed, and returned,
and shall also have power to submit the said constitution to
the Congress of the United States, and to apply for the ad
mission of Wisconsin into the union of the United States as
a sovereign state : Provided, That said constitution shall be
eventually ratified by the people either before or after the
action of Congress upon the same.
Section 23. The general annual election shall hereafter
be held in the several counties of the territory on the first
Monday of September, annually, instead of the fourth Mon
day of September as now provided by law.
Section 24. Should any of the duties required of any offi
cer by this act not be performed as herein provided, it shall
be the duty of the governor to cause the same to be per
formed and executed by some other person. M. C. Darling,
Speaker, House of Representatives.
Nelson Dewey,
President of the Council.
Henky Dodge.
Approved, January 31, 1846.

OFFICIAL PROCEEDINGS AND DEBATE 125

APPORTIONMENT OF DELEGATES27
To All To Whom These Presents Shall Come, Greeting:
Whereas, by an act of the Legislative Assembly of the ter
ritory of Wisconsin, entitled "An Act in relation to the
formation of a State Government in Wisconsin," it is pro
vided that immediately upon the receipt from the secretary
of said territory of a certified copy of the abstract of the
population of the several counties, as shown by the returns
of the census received by the secretary from the several per
sons authorized to take the same, in case a majority of all
the votes cast upon the question of forming a state govern
ment are "for state government," the governor shall pro
ceed to make an apportionment among the several counties,
of delegates to form a state constitution, upon the principles
set forth in said act, and whereas a majority of all the
votes cast upon the question of forming a state government
are "for state government," and whereas the secretary on
the first day of the present month of August did furnish to
the governor a certified copy of the aforesaid abstract of all
the returns received by him from the several counties of the
territory, and whereas it is also provided by the aforesaid
act, that the governor, as soon as he shall have completed
said apportionment, shall issue his proclamation for an elec
tion of delegates, according to said apportionment, to be
held at the time of holding the next annual election (the first
Monday of September next) in every county of the terri
tory: Now, Therefore, Be It Known, That by virtue of the
power and authority in me vested by said act, and in compli
ance with the provisions thereof, I do apportion the said

37 Reprinted from the Madison Express, August 4, 1846.

126 WISCONSIN HISTORICAL COLLECTIONS
delegates to form a state constitution among the several
counties as follows, to wit:
To the county of Brown, having a population of 2,662, two delegates.
To the county of Calumet, having a population of 836, one delegate.
To the county of Chippewa, from which no returns have been received,
one delegate.
To the county of Columbia, having a population of 1,969, two dele
gates. To the county of Crawford, having a population of 1,444, one delegate.
To the county of Dane, having a population of 8,289, six delegates.
To the county of Dodge, having a population of 7,787, six delegates.
To the county of Fond du Lac, having a population of 3,544, three
delegates. To the county of Grant, having a population of 12,034, nine delegates.
To the county of Green, having a population of 4,758, four delegates.
To the county of Iowa, having a population of 14,916, eleven delegates.
To the county of Jefferson, having a population of 8,680, seven dele
gates. To the county of La Pointe, from which no returns have been re
ceived, one delegate.
To the county of Manitowoc, having a population of 629, one delegate.
To the county of Marquette, having a population of 989, one delegate.
To the county of Milwaukee, having a population of 15,925, twelve
delegates. To the county of Portage, having a population of 931, one delegate.
To the county of Racine, having a population of 17,983, fourteen
delegates. To the county of Richland, from which no returns have been received,
one delegate.
To the county of Rock/ having a population of 12,405, ten delegates.
To the county of Sauk, having a population of 1,003, one delegate.
To the county of Sheboygan, having a population of 1,637, one dele
gate. To the county of St. Croix, having a population of 1,419, one delegate.
To the county of Walworth, having a population of ,13,439, ten
delegates. To the county of Washington, having a population of 7,473, six
delegates.

OFFICIAL PROCEEDINGS AND DEBATE 127
To the county of Waukesha, having a population of 13,793, eleven
delegates. To the county of Winnebago, having a population of 732, one delegate.
In Testimony Whereof, I have hereunto subscribed my
name and caused the Great Seal of the territory to
[Seal] be affixed. Done at Madison, this first day of Au
gust, in the year of our Lord one thousand eight
hundred and forty-six.
Henry Dodge.

128 WISCONSIN HISTORICAL COLLECTIONS

PROCEEDINGS IN CONGRESS
The movement in Congress for the admission of Wiscon
sin to statehood was initiated on January 9, 1846, when Mor
gan L. Martin, territorial delegate from Wisconsin, gave
notice of motion for leave to introduce a bill to enable the
people of Wisconsin to form a constitution and state govern
ment, and for the admission of such state into the Union.23
Four days later the bill in question was introduced, twice
read, and referred to the committee on territories.29 On
May 11, 1846, Stephen A. Douglas reported an amendatory
bill on the subject, which was committed.30 Four weeks
later (June 8) the bill to enable the people of Wisconsin
Territory to form a constitution and state government and
for its admission into the Union was taken up in the House
in committee of the whole. A debate ensued, which is but
briefly reported in the Congressional Globe,31 and the bill
was reported to the House. On the following day the bill,
slightly amended, passed the House;32 the next day (June
10) a motion to reconsider its passage being before the House,
an important debate ensued. Rockwell of Connecticut in
formed the House that Martin, the delegate from Wiscon
sin, had procured the insertion of a proviso in the bill which
the House, on being apprised of its presence, would never
sanction. He then laid the objectionable matter before the
body, which proceeded with great unanimity to strike it out
and then, over Martin's protest, to pass the bill.33 It was

28 Congressional Globe, 29< Cong., 1 sess., 171; House Journal, 29 Cong.,
1 sess., 213.
"Congressional Globe, 29 Cong., 1 sess., 196; House Journal, 29 Cong.,
1 sess., 253.
30 Congressional Globe, 29 Cong., 1 sess., 789 ; House Journal, 29 Cong.,
1 sess., 782.
31 Congressional Globe, 29 Cong., 1 sess., 941; House Journal, 29 Cong.,
1 sess., 921.
"Congressional Globe, 29 Cong., 1 sess., 949-SO; House Journal, 29 Cong..
1 sess., 931.
"Congressional Globe, 29 Cong., 1 sess., 925-53; House Journal, 29 Cong.,
1 sess., 936-38.

OFFICIAL PROCEEDINGS AND DEBATE 129
received in the Senate June 11, and by that body referred
to the committee on territories.34 Four weeks later (July
9) this committee reported the House bill back to the Sen
ate unamended; four weeks later still (August 5) the Sen
ate took up the bill for consideration, considered it as in
committee of the whole, ordered it to a third reading, and
passed it without amendment.35 On August 6 the bill was
signed by the speaker of the House and by the vice presi
dent,36 and on the same day it became a law through receiv
ing the signature of the president of the United States.37

HOUSE DEBATE, JUNE 8, 184638
The bill to enable the people of the territory of Wiscon
sin to form a constitution and state government, and for
the admission of such state into the Union, was then taken
up. A debate here sprung up, in which Messrs. Dromgoole and
Douglas were the chief combatants, but in which Messrs.
Vinton and Thurman also took part. It turned on the ques
tion, whether the Ordinance of 1787 was or was not obliga
tory on Congress, in that part of it which restricted the num
ber of states to be formed out of the Northwest Territory
to the number of five. It was contended, on the one hand,
that it did bind Congress, because Congress had accepted
the cession from Virginia with that condition in it. It was
maintained, on the other hand, that other states also claimed
the territory, and also ceded it, and that, in their deeds of
cession, no such condition was found; that Virginia had no
more right to bind [the] United States than they had; that

31 Congressional Globe, 29 Cong., 1 sess., 958; Senate Journal, 29 Cong.,
1 sess., 340-41.
"Congressional Globe, 29 Cong., 1 sess., 1194; House Journal, 29 Cong.,
1 sess., 1229; Senate Journal, 29 Cong., 1 sess., 482.
"House Journal, 29 Cong., 1 sess., 1242; Senate Journal, 29 Cong.,
1 sess., 489.
"House Journal, 29 Cong., 1 sess., 1256. The act is in U. S. Statutes at
Large, IX, 56-58.
38 Reprinted from the Congressional Globe, 29 Cong., 1 sess., 941.

130 WISCONSIN HISTORICAL COLLECTIONS
it was doubtful whether the territory belonged to Virginia
at all, or at least whether she had a better title to it than
the other states which claimed it ; and finally, that, whether
the deed of cession had or had not once been binding, it was
superseded and virtually annulled as to the restriction of
new states by the clause in the Constitution which allowed
Congress to admit new states into the Union, without any re
striction as to number or size.

HOUSE DEBATE, JUNE 9, 184639
The bill to enable the people of Wisconsin Territory to
form a constitution and state government, and for the ad
mission of such state into the Union, was next taken up.
The amendments adopted in committee of the whole were
read and concurred in.
Mr. McClelland moved an amendment, which, he stated,
had been agreed upon between the members of the state of
Michigan and the delegate of Wisconsin, to that part of the
first section which defines the boundaries of the new state.
Mr. McClelland also moved to amend the bill by inserting
therein a new section, as the second section of the bill, as
follows :
' ' That the lands hereby granted shall not be conveyed or
disposed of by said territory, or by any state to be formed
by the same, except as said improvement shall progress;
that is, the said territory or state may sell so much of said
lands as shall produce the sum of $30,000, and then the sales
shall cease, until the governor of said territory or state shall
certify the fact to the president of the United States that
one-half of said sum has been expended upon said improve
ment, when the said territory or state may sell and convey
a quantity of the residue of said land sufficient to replace the
amount expended; and thus the sales shall progress as the
proceeds thereof shall be expended, and the fact of such ex
penditure shall be certified as aforesaid."

* Reprinted from the Congressional Globe, 29 Cong., 1 sess., 949-50.

OFFICIAL PROCEEDINGS AND DEBATE 131
After some conversation, both the amendments moved by
Mr. McClelland were agreed to.
The other amendments reported from the committee of
the whole were read and concurred in, and the bill was or
dered to be engrossed and read a third time. And being en
grossed, it was forthwith read the third time and passed.
At a subsequent period of the day's session, a motion was
made by Mr. Rockwell, of Connecticut, that the House recon
sider the vote by which this bill was passed. The motion
was entered and laid over, to be hereafter considered.

HOUSE DEBATE, JUNE 10, 1846"
Mr. John A. Rockwell rose and called up the motion sub
mitted by him yesterday to reconsider the vote by which
the House had passed the bill "to enable the people of Wis
consin to form a constitution and state government, and for
the admission of such state into the Union."
Mr. Brinkerhoff claimed that he had the floor, and that his
motion had the priority.
The Speaker said it had been usual to take up a motion to
reconsider (which was a privileged motion) in preference to
any other business.
Mr. Hoge moved that the motion to reconsider be laid on
the table.
The motion was not entertained, because the floor was the
property of Mr. John A. Rockwell, who placed his motion
on the ground that a proviso inserted in the bill on motion
of the delegate from Wisconsin contained provisions and
gave a power to the convention of Wisconsin of which the
House had not been aware, and which, when understood, it
never would sanction. The proviso, as worded, left it dis
cretionary with the convention to fix such boundaries to the
new state on the north and west as it should deem expedient ;
and the phraseology was so loose and undefined that the
convention might include the whole of the residue of the

40 Reprinted from the Congressional Globe, 29 Cong., 1 sess., 952-53.

132 WISCONSIN HISTORICAL COLLECTIONS
Northwestern Territory within the state of Wisconsin. The
terms employed were ambiguous. They might mean either
that the convention might take the whole territory of Wis
consin, or they might take elsewhere territory equal to it in
size. They might take the whole bank of the Mississippi
northwardly, or they might bound the state by straight lines,
selecting the best land where they pleased, and leaving out
the residue. This would certainly be contrary to the intent
of the committee on territories, as well as to the understand
ing of nine-tenths of the members of the House.
Mr. R. had no desire improperly to limit the new state.
He did not wish to confine her within narrow limits, but, on
the contrary, thought it desirable that her boundaries should
be ample ; yet he thought that the remarks of the gentleman
from Ohio (Mr. Vinton) had great force, and were entitled
to deep consideration. The assigning to these new states
territories disproportionately large would be eminently in
jurious both to them and to the Union at large. Mr. R. had
not opposed any of the just claims of Wisconsin. He had
voted in favor of all such accommodations as she had asked
for in the way of roads and harbors ; but there ought to be
some limit to this compliance, and especially as to the extent
of territory. He should follow his motion for reconsidera
tion with another to recommit the bill, with instructions that
the proviso be stricken out.
Mr. Thurman entirely coincided with the views which had
just been expressed by the gentleman from Connecticut. He,
too, thought that the proviso ought to be stricken out. The
bill, as it stood, gave permission to the convention of Wis
consin to make a new state which should contain 68,000
square miles. Had the House any idea of conferring a power
of this kind ? Would it assent to the creation of a new state
with a territory of 68,000 square miles? He hoped not. And
he trusted that no gentleman would be influenced by the idea
that he was compelled to do this by the Ordinance of '87.
That ordinance required no such thing, its power in that re
spect having been superseded by the Constitution. We had

OFFICIAL PROCEEDINGS AND DEBATE 133
enough of the Northwest Territory still left, unenclosed, to
form two good states.; or if it was not quite enough for that
purpose, it would be easy to add a little territory on the west
bank of the Mississippi. But the bill as it stood would en
able the convention so to cut up the territory that enough of
it should not be left together to form any other state. No
doubt the people of Wisconsin would be even content that the
doctrine contended for by the gentleman from Virginia (Mr.
Dromgoole) should prevail; because, according to that doc
trine, as four states had already been formed northwest of
the Ohio River, but one more could be, and this must there
fore swallow up the whole of the residue of the territory.
Mr. T. entirely coincided in the views expressed on the gen
eral subject of the size of the new states, which had been so
ably expressed by his colleague (Mr. Vinton). Nothing
could be more just — nothing more statesmanlike or wise.
Mr. Martin, of Wisconsin, contended that in the Ordinance
of '87 there were some points which were irrepealable, un
less by common consent. One of these was, that Congress
should not form the Northwestern Territory into less than
three nor more than five states. It had already erected four
states ; it could not erect more than a fifth, unless by general
consent. It was admitted on all hands that this provision
of the ordinance could not be changed. The proviso which
it was now proposed to strike out had been inserted in the
bill on his motion ; and all it did was to declare that the con
sent of Wisconsin should be given before her boundaries
should be changed. That was the question, and the whole
question. Mr. Vinton said that when this bill had been under con
sideration yesterday his impression was that the western
boundary of Wisconsin, as there laid down, coincided with
the western boundary of the United States in that quarter ;
but he had this morning looked into the law, and he found
that in that impression he had been mistaken. By the
Treaty of 1783, which recognized the independence of the
United States, the western boundary of the Union was to

134 WISCONSIN HISTORICAL COLLECTIONS
commence at the Lake of the Woods, and run thence by a
straight line to the source of the Mississippi, and then down
that river. The map of Mr. Nicollet, which had been before
the committee on the territories when the bill was drawn up,
fell two degrees short of extending to the Lake of the Woods.
By comparing the act which created the territory of Wiscon
sin with Tanner's and Melish's maps, he found that a line
drawn from the source of the Mississippi due north to the
latitude of 49° (which was there the boundary of the United
States) would pass eighty miles west of the Lake of the
Woods, and would include a considerable portion of what we
had purchased in the territory of Louisiana ; so that, in any
way in which the language of the act could be carried out,
Wisconsin would have for her western boundary a line at
least one thousand miles in length. The bill passed the
House, as Mr. V. believed, under a general idea that the
boundary of the new state was to coincide with the old west
ern boundary of the United States ; and he presumed that
the gentleman from Illinois (Mr. Douglas) who had drawn
the bill, was himself under that impression ; but the fact was
that, according to the phraseology of the proviso, Wisconsin
would embrace not only all the residue of the old Northwest
Territory, but a great deal more.
Mr. Douglas explained, stating that he had not reported
the bill with its present territorial boundary. Its western
boundary, as he marked it out, was to be the Mississippi
River as high up as a point opposite the head of Lake Su
perior, which would leave as much of the Northwest Terri
tory out of the state of Wisconsin (as in it, so as to form a
new state) equal to it in size.
Mr. Vinton said that as the proviso now stood, a conven
tion of the people of Wisconsin would be enabled to embrace
within their proposed state not only all the remnant of the
Northwest Territory, but also a portion of the United States'
land which we had obtained as a part of Louisiana. Mr. V.
was very sure that no gentleman was prepared to consent
to this. He trusted that the House would reconsider, and
that the proviso would be stricken out or greatly modified.

OFFICIAL PROCEEDINGS AND DEBATE 135
Mr. Dillingham considered the proviso as very objection
able ; but it had been repeatedly read, and it was adopted by
the House. Mr. D. had voted for it, but he had no concep
tion at the time of what its effect would be. He now found
that it would give to the new state of Wisconsin an amount
of frontier equal to a thousand miles, and that there might
be points within it which would be at the distance of two
thousand miles from the seat of government. Its shape
would be most inconvenient and most unnatural. Accord
ing to the power given in the proviso, the convention might
take their amount of territory, if they so pleased, in three
distinct and separate bodies of land, and place them in such
a manner as to ruin all fitness of the territory between to
form a compact or connected state. He was utterly opposed
to this gerrymandering system, and he hoped that the mo
tion to reconsider would prevail.
Mr. Sawyer moved the previous question, which was sec
onded; and it was put, viz: "Shall the main question be
now put?" and passed in the affirmative. And the main
question was immediately put by yeas and nays, that the
House do reconsider the vote passing the said bill. It passed
in the affirmative: yeas 125, nays 45. So the vote to pass
the bill was reconsidered.
Mr. J. A. Rockwell then moved to reconsider the vote or
dering the bill to be engrossed and read a third time; and
he also moved the previous question, which was seconded;
and under its operation the question was put and the vote
was reconsidered.
Mr. Rockwell also moved a reconsideration of the vote by
which the following proviso was adopted, viz: Provided,
That the convention which may assemble to form a constitu
tion for said state shall be at liberty to adopt such northern
and western boundaries, in lieu of those herein prescribed,
as may be deemed expedient, not exceeding, however, the
present limits of the said territory. This motion to recon
sider also prevailed.
The question then again recurred on the adoption of that
proviso. Mr. Rockwell moved the previous question. Mr.

136 WISCONSIN HISTORICAL COLLECTIONS
Martin, of Wisconsin, asked him to withdraw it, to enable
him to move as a substitute for the exceptionable proviso a
new proviso. Mr. Rockwell said he should like to hear it
read before he yielded to the request. It was read, when Mr.
Rockwell said he could not withdraw his motion for the pre
vious question to let that proviso in.
The previous question was then seconded, and the main
question was ordered to be now put. And the main question
was put, first, on the exceptionable proviso, and it was re
jected by a very large vote without count or division. And
the main question was put, secondly, on again ordering the
bill to be engrossed and read a third time, and passed in the
affirmative. The bill was again read the third time and the question
was stated, Shall it pass? when Mr. Martin of Wisconsin
moved that the bill be laid on the table. Negatived. And
the bill was then passed and sent to the Senate for concur
rence. THE WISCONSIN ENABLING ACT41
Chap. LXXXIX. An Act to enable the People of Wisconsin
Territory to form a Constitution and State Government,
and for the Admission of such State into the Union.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
That the people of the territory of Wisconsin be, and they
are hereby authorized to form a constitution and state gov
ernment, for the purpose of being admitted into the Union
on an equal footing with the original states in all respects
whatsoever, by the name of the State of Wisconsin, with the
following boundaries, to wit : Beginning at the northeast cor
ner of the state of Illinois — that is to say, at a point in the
center of Lake Michigan where the line of forty-two degrees
and thirty minutes of north latitude crosses the same ; thence
running with the boundary line of the state of Michigan,

" Reprinted from the U. S. Statutes at Large, IX, 56-58.

OFFICIAL PROCEEDINGS AND DEBATE 137
through Lake Michigan, Green Bay, to the mouth of the Me-
nomonie River; thence up the channel of said river to the
Brule River; thence up said last mentioned river to Lake
Brule ; thence along the southern shore of Lake Brule in a
direct line to the center of the channel between Middle and
South Islands, in the Lake of the Desert ; thence in a direct
line to the headwaters of the Montreal River, as marked
upon the survey made by Captain Cramm [Cram] ; thence
down the main channel of the Montreal River to the middle of
Lake Superior ; thence through the center of Lake Superior
to the mouth of the St. Louis River ; thence up the main chan
nel of said river to the first rapids in the same, above the In
dian village, according to Nicollet's map ; thence due south to
the main branch of the River St. Croix; thence down the
main channel of said river to the Mississippi; thence down
the center of the main channel of that river to the northwest
corner of the state of Illinois ; thence due east with the north
ern boundary of the state of Illinois to the place of begin
ning, as established by "An Act to enable the people of the
Illinois Territory to form a constitution and state govern
ment, and for the admission of such state into the Union on
an equal footing with the original states," approved April
eighteen, eighteen hundred and eighteen.
Section 2. And be it further enacted, That, to prevent all
disputes in reference to the jurisdiction of islands in the said
Brule and Menomonie rivers, the line be so run as to include
within the jurisdiction of Michigan all the islands in the
Brule and Menomonie rivers (to the extent in which said
rivers are adopted as a boundary), down to, and inclusive
of, the Quinnesec Falls of the Menomonie ; and from thence
the line shall be so run as to include within the jurisdiction
of Wisconsin all the islands in the Menomonie River, from
the falls aforesaid down to the junction of said river with
Green Bay : Provided, That the adjustment of boundary, as
fixed in this act, between Wisconsin and Michigan shall not
be binding on Congress unless the same shall be ratified by
the state of Michigan on or before the first day of June, one
thousand eight hundred and forty-eight.

138 WISCONSIN HISTORICAL COLLECTIONS
Section 3. And be it further enacted, That the said state
of Wisconsin shall have concurrent jurisdiction on the Mis
sissippi, and all other rivers and waters bordering on the
said state of Wisconsin, so far as the same shall form a com
mon boundary to said state and any other state or states now
or hereafter to be formed or bounded by the same ; and said
river and waters, and the navigable waters leading into the
same, shall be common highways, and forever free, as well
to the inhabitants of said state as to all other citizens of the
United States, without any tax, duty, impost, or toll there
for. Section 4. And be it further enacted, That, from and
after the admission of the state of Wisconsin into the Union,
in pursuance of this act, the laws of the United States which
are not locally inapplicable shall have the same force and ef
fect within the state of Wisconsin as elsewhere within the
United States; and said state shall constitute one district,
and be called the District of Wisconsin ; and a district court
shall be held therein, to consist of one judge, who shall re
side in the said district and be called a district judge. He
shall hold, at the seat of government of said state, two ses
sions of said court annually, on the first Mondays in Janu
ary and July, and he shall, in all things, have and exercise
the same jurisdiction and powers which were by law given
to the judge of the Kentucky District, under an act entitled
"An Act to establish the judicial courts of the United
States." He shall appoint a clerk for said district, who
shall reside and keep the records of said court at the place of
holding the same; and shall receive for the services per
formed by him the same fees to which the clerk of the Ken
tucky District is by law entitled for similar services. There
shall be allowed to the judge of said district court the annual
compensation of fifteen hundred dollars, to commence from
the date of his appointment, to be paid quarterly at the treas
ury of the United States.
Section 5. And be it further enacted, That there shall be
appointed in said district a person learned in the law to act

OFFICIAL PROCEEDINGS AND DEBATE 139
as attorney of the United States, who, in addition to the
stated fees, shall be paid the sum of two hundred dollars an
nually by the United States, as a full compensation for all
extra services, the said payment to be made quarterly at the
treasury of the United States. And there shall also be ap
pointed a marshal for said district, who shall perform the
same duties, be subject to the same regulations and penalties,
and be entitled to the same fees as are prescribed and al
lowed to marshals in other districts ; and shall, moreover, be
allowed the sum of two hundred dollars annually, as a com
pensation for all extra services.
Section 6. And be it further enacted, That, until another
census shall be taken and apportionment made, the state of
Wisconsin shall be entitled to two representatives in the
Congress of the United States.
Section 7. And be it further enacted, That the following
propositions are hereby submitted to the convention which
shall assemble for the purpose of forming a constitution for
the state of Wisconsin, for acceptance or rejection; and if
accepted by said convention, and ratified by an article in said
constitution, they shall be obligatory on the United States :
First. That section numbered sixteen, in every township
of the public lands in said state, and, where such section has
been sold or otherwise disposed of, other lands equivalent
thereto, and as contiguous as may be, shall be granted to
said state for the use of schools.
Second. That the seventy-two sections or two entire
townships of land set apart and reserved for the use and
support of a university by an act of Congress approved on
the twelfth day of June, eighteen hundred and thirty-eight,
entitled "An Act concerning a seminary of learning in the
territory of Wisconsin," are hereby granted and conveyed to
the state, to be appropriated solely to the use and support of
such university, in such manner as the legislature may pre
scribe. Third. That ten entire sections of land, to be selected and
located under the direction of the legislature, in legal divi-

140 WISCONSIN HISTORICAL COLLECTIONS
sions of not less than one quarter section, from any of the
unappropriated lands belonging to the United States within
the said state, are hereby granted to the said state, for the
purpose of completing the public buildings of the said state,
or for the erection of others at the seat of government, un
der the direction of the legislature thereof.
Fourth. That all salt springs within said state, not ex
ceeding twelve in number, with six sections of land adjoin
ing, or as contiguous as may be to each, shall be granted to
the state for its use ; the same to be selected by the legisla
ture thereof, within one year after the admission of said
state; and when so selected, to be used or disposed of on
such terms, conditions, and regulations, as the legislature
shall direct: Provided, That no salt spring or land, the
right whereof is now vested in any individual or individuals,
or which may hereafter be confirmed or adjudged to any in
dividual or individuals, shall, by this section, be granted to
said state.
Fifth. That five per cent of the net proceeds of sales of
all public lands lying within the said state, which have been
or shall be sold by Congress, from and after the admission
of said state into the Union, after deducting all the expenses
incident to the same, shall be paid to the said state, for the
purpose of making public roads and canals in the same, as
the legislature shall direct: Provided, That the foregoing
propositions herein offered are on the condition that the said
convention which shall form the constitution of said state
shall provide, by a clause in said constitution, or an ordi
nance, irrevocable without the consent of the United States,
that said state shall never interfere with the primary dis
posal of the soil within the same by the United States, nor
with any regulations Congress may find necessary for secur
ing the title in such soil to bona fide purchasers thereof ; and
that no tax shall be imposed on lands the property of the
United States ; and that in no case shall nonresident proprie
tors be taxed higher than residents.
Approved, August 6, 1846.

PART III— POPULAR PROCEEDINGS AND
DEBATE

SELECTIONS FROM THE MADISON EXPRESS
PUBLIC OPINION FAVORS STATEHOOD
[January 1, 1846]
The legislature of the territory convenes on Monday
next. We wait with solicitude the result of their delibera
tions ; little inclined, however, to speculate as to their prob
able action. There are a few questions of a public nature
which the legislature will probably act upon, and to which we
will barely allude. The first, and most important one, is the
forming of a state constitution. In the. fall of 1843, it will
be remembered, the question was submitted directly to the
people, and a decided majority found opposed to the meas
ure. At that time, perhaps, the best plan was pursued ; but
since that period a great change has taken place in our cir
cumstances, and with the change, a complete revolution in
public sentiment. All opposition, so far as we have the
means of judging, to admission into the Union as a state has
ceased, and it only remains now for the people 's representa
tives to hit upon the most expeditious plan. We are in fa
vor of authorizing the people to elect delegates to a conven
tion clothed with power to draw up a state constitution,
which shall be voted upon by the people. This can be done
without the least inconvenience, and in a short period of
time. If a constitution thus submitted to the people meets
with their approval, another year will number "Wisconsin"
as one among the states of the Confederacy. The advantages
which will accrue to us as a people by taking a position
among the states we may speak of hereafter.
143

144 WISCONSIN HISTORICAL COLLECTIONS
VIEWS OF "K"— No. 1
[March 19, 1846]
To My Fellow Citizens: As we are soon to be called upon
to establish for ourselves a state constitution, or basis of
future government, we cannot spend a portion of our time
better than in investigating the principles of government
which are the best adapted to the condition and wants of
our territory, and which are best suited to the experience
and advanced state in which it is our good fortune to be
placed. Notwithstanding the spirit of liberty and equality
which breathes throughout our laws and institutions as a
whole, and the great advancement which, as a nation, we have
made in the science of government over the dark and in
many instances barbarous institutions and customs of the
nations of the Old World, it is not to be denied that there are
yet many relics of barbarism still to be found amongst us. It
is not strange that this should be so. A long succession of
years, and the reverence which the mind naturally and in
stinctively pays to long-established customs, even though
founded in error, tend to make those customs venerable, and
to throw around them a sanctity which it seems almost like
sacrilege to disturb. The victory which the minds of our
Revolutionary patriots obtained over many of these dark er
rors in government, whose correctness had, till then, re
mained almost Unquestioned — a victory unequalled even by
that which the force of their arms obtained over their civil
and political foe, — was a bright and glorious achievement,
well calculated to dazzle the most comprehensive intellect,
and the wonder is, not that they left errors yet existing, but
that, at one blow, they succeeded in accomplishing the over
throw of so many. They indeed dug deep and laid the foun
dation of liberty firm and broad, but left the superstructure
to be reared, in a great degree, by their successors. But how
would they fail of their noble design, if, instead of following

POPULAR PROCEEDINGS AND DEBATE 145
out their plan, we build this superstructure with materials
gathered from the dusty relics of the barbarous and unen
lightened nations which have preceded us. An edifice com
posed of wood, stone, clay, and the other substances which
the earth yields, and constructed promiscuously after all the
different orders of architecture would not present to the eye
of the experienced architect a more painful or incongruous
appearance than would a government where civilization and
barbarity, liberty and bondage, right and wrong, equality
and oppression, were brought in juxtaposition to the mind
of the enlightened statesman. Aside from error of opinion
on those subjects (and there are many such among us) which
do not properly form a basis for legislation, there are many
of our laws and institutions which seem to have so little of
the spirit of liberty and equal justice in them, and to har
monize so imperfectly even with our crudest notions of right
and wrong, that they should be well investigated, and the
reasons for their continuance thoroughly scanned, before we
adopt them into a permanent form of government.
Among these are the tenure of office of our judges and the
mode of their appointment, the infliction of capital punish
ment, the vast number of offices, both civil and military,
either directly or indirectly dependent on executive patron
age, the power of the creditor over the unfortunate debtor,
the inequality, want of discrimination, and the misdirected
object of our criminal laws, the creation of monopolies, the
incidental encouragement which is given to political dema
gogues, a qualification of the elective franchise.
These are some of the evils and abuses to which we have
been and are yet subject, and which should be sought to be
remedied by all those who believe them to be such. If lei
sure and inclination should concur, I may take up hereafter
one or more of the above-named subjects, with a view to
bring [ing] them more distinctly before the mind at a time
when we are called to act definitely upon them in their adop
tion or rejection ; and in doing so I have but one wish, which
10

146 WISCONSIN HISTORICAL COLLECTIONS
is that, although my suggestions may have little or no weight
in themselves, yet my leisure, thus spent, may be serviceable
in turning the attention of others more competent to the
subject. K.
VIEWS OF "K"— No. 2
[March 26, 1846]
Dear Sir: I propose to mention another subject which
it strikes me should not be passed by in the formation of
a state constitution, to wit : the guarding the people against
hasty and inconsiderate enactments by the state legislature.
It is a remark full of truth that the tyranny of legislation
is one of the most formidable evils, and fraught with the
greatest inconveniences and most disastrous consequences
to which a free people can be subjected. The more simple
the machinery of government is, the less likely is it to be
come deranged, and the more easily understood ; and conse
quently the more security must follow to the liberties and
rights which the laws secure to the subjects of that govern
ment. Stability is an absolutely necessary ingredient in the
laws of any country to secure to its inhabitants the bless
ing of prosperity and internal peace. There is no proposi
tion in the world more plain than that laws to be obeyed
must be understood. But how can they be properly under
stood by the great mass of the people when they are con
stantly undergoing changes — when the laws of last year are
no longer the laws of this year, and the laws of next year
different again from this or the last? Such constant changes
serve in fact but as traps in which the designing may catch
the unwary, and in their practical operation are no better
than the system adopted by Caligula, the Romn emperor,
who wrote his edicts in small letters and placed them so high
on the doors of the temple as to be unable to be read. We
may draw a most valuable lesson from our own short exper
ience under our territorial government.

POPULAR PROCEEDINGS AND DEBATE 147
I assert it as a fact beyond the fear of contradiction that
at no time since the formation of our territorial government
has even a tenth part of our population understood, or even
had the means of knowing, what were the laws under which
they lived. The annual session of the legislature gave to
that body the power to change, add to, amend, and repeal
the previous enactments, a power of which, experience has
shown us, it never failed to avail itself to the fullest extent.
E,ach succeeding legislature seemed to regard itself as sent
to play at shuttlecock with the existing laws, knocking them
into confusion worse confounded, and at the end of the ses
sion leaving them in that state for their successors to play
the same game. For the truth of these statements I appeal
to the people generally. Our laws are almost always passed
to take effect on the day of their passage, and of course on
that day become a part of the laws of the land; but it is
months after they are passed before they are printed and
distributed, until which time, of course, it can be known but
to a very few what they are, and the consequence is that the
great majority may for months live in the daily violation of
law, subjecting themselves to penalties and forfeitures of
which they have no means of knowing the existence. If by
dint of careful examination and perseverance a man becomes
at length acquainted with the laws of former sessions, about
the time at which he has accomplished his task there is an
other session, when the whole system is again changed, old
laws repealed, new ones enacted, and general confusion is
the consequence. A person who has never made the exam
ination would be astonished, upon taking up the enactments
of the different sessions, to find with what recklessness and
apparently total want of reason almost the whole system of
laws were changed, so as hardly to bear a resemblance to
what they were formerly. As an example, the most familiar,
T refer to the interminable acts relative to justices of the
peace. Let anyone attempt an intelligent synopsis of these
acts and he will no longer wonder at the universal complaint
which arises from all parts of the territory against them.

148 WISCONSIN HISTORICAL COLLECTIONS
And this is but one instance among a thousand equally as
flagrant. A power liable to such abuse should, by the con
stitution, be taken from the legislature — how this may be
effected must be left for the convention to decide. It might
be done by causing a long public notice to be given of all acts
intended to be passed, or by submitting them to a vote of
the people generally, before they should become laws, or by
Jetting them lie over from the session which should introduce
them to the subsequent session, for final passage, during
which time the people might become acquainted with their
provisions, judge of their necessity and utility, and act ac
cordingly. Something of the kind the people owe it to them
selves to adopt, to save them from the consequences of ex
cessive and hasty legislation. K.
"CONCORDIA'S" VIEWS ON THE ELECTION OF JUDGES
[June 11, 1846]
OUR FUTURE JUDICIARY
As we are about to form a state constitution, a fundamen
tal, ruling principle to guide our future legislators, many
questions of grave importance arise, and among them, as
not the least important, is the manner of choosing the judi
ciary. Apprehensions, at first view, may arise against their
election ; but if we keep steadily in view the true spirit and
intent of our government, a self-government, vested in the
people, and place confidence in them, then all fears vanish as
to the inefficiency of this manner of choosing our judges.
If we cannot put confidence in the people as to their capabil
ity of self-government, then we are to look to the one-man
power, as our resort in this deplorable dilemma, by whom
we are to be kept in obeisance. This, we think, is the funda
mental difference between democracy and monarchy, the two
great systems that sway the world. The former is a distri-

POPULAR PROCEEDINGS AND DEBATE 149
bution of power among the people; the latter, its concentra
tion in one man. The former treats all as equals ; the latter
establishes unnatural and unwarrantable distinctions and
privileges. And, we think, the former would recognize the
election of judges by the people ; the latter would place the
whole judiciary system in the power of one man, or nearly
so. Who, then, is there but would choose the former method,
actuated by the consciousness of his own individual privi
leges, and a proper degree of jealousy for his own rights?
This is upon general principles.
But it is apprehended by some that there are collateral
influences that will tend to lay aside this principle. But we
contend that if the principle be right and expedient in one
case or circumstance it is in another. If it be right in a
calm, it will withstand the tempest of partisan feelings and
actions. If it be expedient in a calm political atmosphere,
it will be amid the lowerings of jarring elements, the very
moment when the voice of the people should be supreme in
the land. "Vox populi vox Dei" was the maxim of the an
cient civilians, and it will equally apply to us.
But, in a communication in your last number the writer
confessed that public opinion is in favor of election. This,
then, is a powerful argument in favor of the election, for
no law in a democratic government should be made in ad
vance or opposition to that opinion; for then, it is not the
law of the land, but the will of the few. When our legisla
tors or representatives cease to enact the will of the people,
they cease to be their representatives ; the vox populi is
disregarded, and dissatisfaction prevails.
Neither can it be thought ultra, unless ultra in simplicity,
the best ultraism we can possibly adopt. The first system
of government, that we are aware of, established upon the
earth was patriarchal; or where one family or number of
families voluntarily and individually placed themselves un
der the direction of one patriarch. This was an union of
individual will, happy in its results, democratic in its prin-

150 WISCONSIN HISTORICAL COLLECTIONS
ciples, a model for all. But the refined ingenuity of the
nineteenth century would center too much power in one,
thereby lessening the influence that each, individually, is
entitled to. We do not say that this extensive territory,
with so many inhabitants, can be swayed in that primeval
manner of ruling neighborhoods ; but we do say, the nearer
we get to this principle, the better is our system of govern
ment. It is true that we can frequently accomplish some specified
object through the medium of an agent better than to do it
ourselves. "Your child is sick, and you want an agent or
physician to administer medicine," says the writer in your
last. ' ' You have a suit to manage, and you want a lawyer ' '
or an agent. All this is acknowledged. But, you want to
choose that physician according to your own views of medi
cinal skill, and the lawyer for his legal knowledge, and not
trust to a third person's dictation. So it is with our judges
or agents to administer justice; we, as people, rather elect
our own agents than trust to a third person, or executive.
For how is our executive, residing in one place, at a distance
from most counties, to know whom to appoint? He surely
cannot know individuals in every county; of their acquire
ments and capability to fill such an office faithfully. The
answer, obviously, is that individuals will be recommended
to the governor by their respective friends. And here, of
course, will appear that partisan influence which some so
much fear. And it is worse, for this interference of friends
will work secretly and carry with it greater corruption,
while an election is more open and better to be seen. This
is the way they are appointed in many states, the deplorable
consequences of which are already working a reformation.
For if partisan action is to be the order of procedure it had
far better rest in the great mass of the people than in the
choice of one man. If judges are appointed with whom the
executive is acquainted, they must necessarily reside with
out most of the counties when appointed, probably most of

POPULAR PROCEEDINGS AND DEBATE 151
them centered at the capital. These will be sent, strangers,
into the different counties, bearmg with them the impression
that the county does not afford men capable of administer
ing justice, and even if so, that the people are not capable of
selecting them. But it is said that they ought to come
strangers from other counties, that they may not be preju
diced in any trial, or actuated by any local considerations ;
and after coming, ought to reside there ; and the term he af
fixes for their duration in office is seven years. Now in my
humble opinion this would inevitably place us in the same
dilemma, as the writer considers it, as we would be in if
they were chosen from the county. For in seven years any
man would acquire an interest in affairs where he resided,
and acquire all the local prejudices that any other citizen
would, for it is not expected that a judge must isolate him
self from the world.
But it is to be hoped that these prejudices are not so
alarming after all. For the people always choose to have
their rulers from among themselves, This is something that
is not only natural to man, but is complied with generally ;
it shows an equal respect to all locations, and equal repre
sentations from all parts. Although the original English
colonies constituted a part of the British government, yet
one great cause of disaffection was that the English govern
ment took it upon herself to appoint some officers which the
people claimed they had a right to choose from among them
selves. The governor, it is gravely said, is more capable of select
ing judges than the people ; yet all will acknowledge that the
people are competent to elect their own governor. He is the
highest officer in the state. Then if we can elect the most
responsible officer within the suffrages of the people it is
difficult to ascertain upon what principle of logic why [sic]
they may not choose inferior officers.
In relation to the salary, there will undoubtedly be as many
aspirants seeking executive patronage for the emoluments
of the office, as there will the patronage of the people — and

152 WISCONSIN HISTORICAL COLLECTIONS
doubtless more — because they can more easily impose upon
an executive, whose only knowledge of their character is ob
tained through the mediation of partisan friends, than upon
the people who are better acquainted with such individuals.
A competent salary should be given, that responsible and
capable men may be induced to accept the office; and it is
sincerely hoped that no individual would be so rash, under
any circumstances or prejudices, as to disgrace his own dig
nity and office, so much as to subject himself to impeach
ment by the all-seeing eye of the people; and it is further
hoped that public opinion, if it be not already so, will soon
become so reformed that any person will not dare to offer
himself as a candidate for office unless he is qualified to per
form its duties.
In the state of New York the judges are appomted by the
executive, with the consent of the senate. But long expe
rience has taught them the inefficiency of the method, and the
dissatisfaction among the people; and consequently, upon
the suggestion of the governor, who declares that too much
power is invested in that department, a convention has been
called and will meet during this month to revise the consti
tution; and one of the greatest objects of that convention,
by the almost unanimous approval of the electors, is to take
the power of appointment from the executive and vest it in
the people. Let us, then, profit by the experience of older
states, and avoid error by the constitutional support of an
elective judiciary. Concordia
WHIG NOMINATIONS
[July 28, 1846]
In the Express of today will be found a list of the nomi
nees to the constitutional convention, presented for the suf
frages of the electors of Dane County. The candidates se
lected are all men of sound principles, practical intelligence,

POPULAR PROCEEDINGS AND DEBATE 153
and sterling integrity — such men as the community can
safely support for the important and responsible station to
which they are nominated, with the assurance that, if elected,
they will labor in good faith and with unswerving fidelity to
establish the fundamental principles of enlightened republi
can government upon the most approved and enduring basis.
The business of the meeting convened to select candidates
was conducted in a spirit of harmony and good feeling — a
presage that indubitable reliance might be placed upon the
united efforts of the sincere advocates of moral right and
political truth to sustain both our men and our measures.
Let them be sustained ! They are worthy of support. Lam
entable, indeed, to ourselves and to posterity, may be the
consequences if we falter in our duty and suffer the reckless
advocates of unrestrained licentiousness and the mercenary
ministers of a spurious democracy to triumph in a contest
of which the citizens of Wisconsin will reap the results prob
ably for a long time to come. Let the independent freemen
of Wisconsin learn a lesson of prudence from the unhappy
experience of the party-ridden people of Iowa. Two Locofo-
co-made constitutions have they already been constrained to
reject because of the antirepublican and despotic provisions
incorporated therein, and a third is now threatened with a
similar fate on account of its containing the same objection
able features — hundreds of those who voted with the Loco-
foco majority in electing the delegates who formed the con
stitution, now declaring that they will vote against its adop
tion. Let us guard against similar results by making choice
of delegates whose labors in the convention shall have a
higher aim than the accomplishment of selfish, mercenary
objects, and a nobler purpose than the gratification of mere
partisan spleen, and we may entertain the hope of seeing
them crowned with happy success, without the jeopardy of
being greatly disappointed.

154 WISCONSIN HISTORICAL COLLECTIONS
DECLARATION OF WHIG PRINCIPLES1
[July 28, 1846]
The approaching contest for the selection of delegates to
the convention which is to form a constitution for our gov
ernment as a state must be viewed with the deepest interest.
The political and civil freedom of the people should be guar
anteed and secured in that constitution, and it behooves us
all to weigh well the principles of those who are to be se
lected for this important trust. It is true that there are cer
tain political principles essential to the government of a free
people which have been established by our forefathers and
confirmed by the happy experience of more than half a cen
tury. But our free systems of government are like all other
systems, progressive. The knowledge which it has taken
ages of the past to perfect and secure it is within our means
to acquire before we have started on our political career.
It is a legacy left us to be used for our own and our coun
try's good. Let us, therefore, in Wisconsin, a new people
in a new country, fettered by no prejudices, but enlightened
by the experience of our predecessors, take hold of the noble
work of reform where they have left off and help to rear
still higher the noble structure of freedom, by engrafting
upon our constitution such new provisions as will tend more
fully to secure the political and civil rights of man.
For the purpose of effecting these ends we shall hold the
candidates selected by the Whig party pledged to offer and
support in the convention the following provisions to be en
grafted in our state constitution.
First. To make all officers in our government, both civil
and judicial, elective directly by the people, with short ten
ures of office, that they may hold in constant remembrance
their accountability to the people.

'Adopted hy the Whigs of Dane County assembled in mass meeting at
Madison, July 20, 1846, for the purpose of nominating candidates for elec
tion to the constitutional convention.

POPULAR PROCEEDINGS AND DEBATE 155
Second. A direct and positive prohibition against the
granting by the legislature of any charter for banking pur
poses, or the passage of any law whereby any monopoly or
any special exclusive rights and privileges may be conferred,
for private purposes.
Third. That there shall be secured to every person en
gaged in any trade, occupation, or profession, the books,
tools, and implements necessary for carrying on the same;
to every householder his homestead; to every farmer his
farm containing eighty acres of land with its products, suffi
cient for the support of his family, and that his interest in
the same shall not be taken from him, except on particular
contract of bargain and sale thereof, or for some tax im
posed thereon, or for the payment of some fine or amerce
ment against him for trespass or misdemeanor.
Fourth. A restriction of the land monopoly, by which
any deed or other conveyance of land hereafter made to a
person owning in fee at the time of such conveyance more
than six hundred and forty acres of land in the state, shall
be null and void. That the soil of the state may not pass
from the many to the few, accompanied with a landed aris
tocracy and a ruined and oppressed tenantry.
Fifth. A prohibition upon the legislature to incur any
debt, except for the purpose of repelling invasion or sup
pressing insurrection, unless authorized by a direct and posi
tive vote of the people.
Sixth. The extension of the right of suffrage to every
male resident above the age of twenty-one years in the ter
ritory at the time of the adoption of the constitution, being
a citizen of the United States, and thereafter to every male
resident above the age of twenty-one years, being a citizen
of the United States, or having declared his intention to be
come so.
Seventh. A restriction upon the law-making propensities
of our legislatures, by forbidding the passage of any law
of a general character, unless a bill for the enactment of the
same shall have passed through three several readings in

156 WISCONSIN HISTORICAL COLLECTIONS
one of the branches of the legislature, at a session next pre
vious thereto; and forbidding the passage of any local act
unless a notice of an application for such act shall have been
published in such manner as the legislature shall direct.
Eighth. That in fixing the rate of compensation of offi
cers of the government no greater amount shall be allowed
than is consistent with the most economical administration
of government.
On motion, the meeting accepted the address and the com
mittee were discharged.

WHAT LOCOPOCOS CAN'T UNDERSTAND
[August 4, 1846]
A Locofoco is a strange being. Sometimes he appears
quite sagacious and cunning — an hour has elapsed, and he
is as dull as an ass. One day he is rational and seems to
possess in some degree the faculty of reasoning ; the next, he
is witless, moody, and stupid. As a partial recompense for
his stupidity, however, he is usually endued with a marvel-,
ous instinct, by the aid of which he can understand the
"why and wherefore" of many occult principles or rules of
action. Thus if a lucrative office is to be obtained through
political profligacy, he can understand why a Loco should
strive for it — because "to the victor belongs the spoils!"
Or if a barbarous outrage is to be perpetrated in the man
agement of a political intrigue undertaken solely for the
aggrandizement of a party, he easily comprehends the im
portance of decrying all opposition to the sordid and selfish
schemes of his master, the bellwether of the Locofoco flock —
wherefore he not unfrequently receives some valuable token
of political favor, and is exalted in the eyes of his coparti-
sans. But there are certain other subjects which he seems
utterly unable to comprehend.

POPULAR PROCEEDINGS AND DEBATE 157
We have quite recently found occasion to observe more
particularly these peculiarities in the characters of a num
ber of distinguished Locofocos not a thousand leagues dis
tant from this town. They seem to misunderstand or misin
terpret the word patriotism. They evidently imagine that
its meaning is in no way associated with the love of country,
but that it signifies perhaps a strict and totally blind adher
ence to the dictates and usages of the Locofoco party — how
ever detrimental to the prosperity of the country or danger
ous to the welfare of the people. And hence it is, that they
can't conceive how the Whigs who attended the late con
vention in this place could with sincerity recommend the
constitutional disqualification of the legislature to confer
chartered privileges upon banking companies, etc., in Wis
consin. Let us endeavor to enlighten the dullards a little
on the subject.
The universal Whig party hold it as an incontrovertible
tenet of their political creed that a mixed currency of specie
and bank notes (convertible into specie at the will of the
holder) is indispensable to our individual and national pros
perity ; the steadfast support of our commercial enterprise ;
the efficient propagator of industry in all its manifold
branches; and that to banish the paper circulation entirely
from the Union would be not only to curse the whole people
with those fearful evils which resulted so disastrously to
them from the curtailment of the currency during the reign
of Martin Van Buren, but would ruin their fortunes, beggar
their families, and crush their fondest hopes of happiness
forever. But it does not necessarily follow that a prohibition of
banking operations for an indefinite period in this territory
only would be productive of similar evils. The particular
circumstances under which we are placed, and to which we
must adapt our laws and political regulations for the time
being, present many obstacles to successful banking which
are scarcely to be found elsewhere. It is well known also that

158 WISCONSIN HISTORICAL COLLECTIONS
falsehood, duplicity, and hypocritical professions of faith,
but seldom attested by practice, are characteristic traits in
the conduct of Locofoco office-seekers. And notwithstanding
their ceaseless clamor and uproarious vehemence against
the "rascally banks" previous to elections, few are so hard
hearted afterward but that they may be induced to relent
should they luckily meet with an opportunity for replenish
ing their coffers by assisting in the fabrication of a few
bank charters. A case directly in point, and corresponding
with the Locofoco "general rule," fell under our observation
twelve years ago in Michigan. At that time Governor Barry
was publishing (anonymously) in an obscure little news
paper, printed at White Pigeon, his long-drawn-out agrarian
articles, in which he poured forth a continual torrent of gas-
triloquent fulminations against corporations in general and
banking in particular. These productions, so abounding in
superlative horror of "privileged classes" and transcend
ent love for the "dear, delightful people," rendered their
author conspicuous as a leader of the Locofoco party, and in
due time he was elected a member of the state senate to
carry out the doctrines he had so eloquently promulgated.
During his term of service — his (antibank) party being a
large majority in the legislature — the famous, or rather in
famous, Wild Cat and Red Dog banking system was adopted,
Senator Barry, like many of his colleagues, becoming a stock
holder and director in a bank which soon exploded and left
its debts payable but never to be paid! Causes and effects
akin to those connected with this Locofoco banking experi
ment or swindling scheme in Michigan would probably at
tend a similar experiment in Wisconsin. The reasons for
this are obvious. Immigration was then overwhelming in
Michigan, as it now is in this territory. Property had no
fixed and certain but a very unsteady and fictitious value —
varying from high to low with the ebb and flow of the tide
of speculation, which generally wore the aspect of a tre
mendous flood. Hence when any twelve men resolved to

POPULAR PROCEEDINGS AND DEBATE 159
become bankers, they usually borrowed an amount in specie
equal to 30 per cent of their "capital stock" to exhibit to
the bank commissioner, pledged to the county clerk as secur
ity for the redemption of their issues real estate appraised
at ten times its real value, and then set afloat "oceans" of
their paper trash, for which, alas, there was no redemption.
The property mortgaged as security, possessing a very small
intrinsic value in comparison with the amounts for which it
was pledged, afforded little relief to bill holders except the
consolation to be derived from ' ' deferred hope. ' ' The banks
suspended, and the community suffered — some. And such,
probably, would prove the unhappy consequences of any
Loco banking project that may be in contemplation for the
embryo state of Wisconsin. The Whigs of Dane, therefore,
desirous of securing the public weal against the hazard of
such calamities, come out in the true spirit of genuine patri
otism uncontaminated by the baleful influences of party ran
cor and sectional strife, and propose to provide a constitu
tional barrier against the bank-making propensities of hypo
critical Locofoco legislators. The perfidiousness and dou
ble-dealing of our crafty and unscrupulous adversaries are'
everywhere notorious: they have proved themselves espe
cially untrustworthy with regard to the bank question ; for,
notwithstanding their clamorous croaking about "bank re
form," they have chartered many of the most fraudulent
and insolvent banks which have had an existence in the
Union ; and have done more by their rash, extravagant, and
insane legislation to vitiate the currency than was ever
dreamed of in the philosophy of ordinary sharpers. Let
the people beware of furthermore trusting such shameless
deceivers, or they may be again most wofully betrayed and
robbed of their rights.

160 WISCONSIN HISTORICAL COLLECTIONS
LOCOFOCO PRINCIPLES
[August 4, 1846]
The organs of both the Old Hunker and the Tadpole Lo
cofoco cliques of this place are wailing most piteously in
view of the prospective defeat of their candidates for the
convention, and, to excite public sympathy in their behalf,
are charging the Whigs with the folly of stealing their prin
ciples. On the contrary, so far are the Whigs from either
coveting, admiring, approving, stealing, or wishing to adopt
their "most cherished principles," that they look upon most
of them with perfect loathing and disgust — even as upon pes
tilent receptacles "filled with rottenness and unclean
things." The chief cause of complaint is the position as
sumed by the Whigs at their late county meeting in reference
to banking and free suffrage. Now we will not go into a
long argument to disprove the above-named false accusation
concerning Locofoco principles, but will merely advert to the
practices of some of the apostles of the party to show what
thqse principles really are: and then let the public judge
whether they are embraced in the Whig resolutions or not.
Andrew Jackson and Levi Woodbury were supporters of
the Pet Bank system ; Martin Van Buren was the father of
the New York Safety Fund and the Subtreasury banking
systems ; Attorney General Benjamin F. Butler was princi
pal manager of the Sandy Hill Shavers' Bank; President
Polk was formerly a champion of the Local or Pet Bank sys
tem, but has latterly bowed down in reverence to that of the
Subtreasury; Vice President Dallas framed a charter for a
National Bank, which he strove hard to have established;
and General Lewis Cass, now the "first choice" of the late
" Phiphty-Phour-Phorty " Locos as a candidate for the next
presidency — this Lewis Cass, as governor of Michigan,
signed the charter of the Bank of River Raisin — which bank
lately failed, and by it the community has lost hundreds of

POPULAR PROCEEDINGS AND DEBATE 161
thousands, notwithstanding its Locofoco president was one
of Mr. Polk's recently-appointed United States marshals
and has been proposed as a candidate for governor! The
Locofoco party also created the "Individual Liability" Bank
of St. Clair, the Bank of Michigan, Bank of Constantine, and
about fifty Wild Cat banks in Michigan ; and chartered the
banks of Gallipolis, Canton, Binghampton, Manhattan, West
Union, Lebanon, Circleville, Owl Creek, Kirtland, and scores
besides, "too numerous to mention," and which it is not
necessary to mention — for they have left among the people
worthless notes amounting in the aggregate to millions of
dollars as mementos of the folly and improvidence of Loco
foco legislation. In short, three-fourths at least of all the
insolvent banks which have failed since the origin of Loco-
f ocoism have been created by the Locofoco party. We care
not what may be their hypocritical professions. We prefer
to judge of them by that better criterion of merit, their ac
tions. The latter are almost invariably a perfect burlesque
upon the former. Sooner would we trust a famished dog
with our dinner than a set of ranting Locofocos with the
power of granting bank charters. They are sure to wield it,
and wield it so unwisely, too, as to render it the agent of
grievous calamity.
And now with regard to the right of citizens to vote :
When, where, and how, have the Whigs ever opposed univer
sal suffrage — properly so termed — as has by implication
been alleged ? Never, anywhere, in any manner whatsoever.
As a party they have always advocated the measure; they
still adhere to it with unabated zeal, and intend to abide by
it through every vicissitude of fortune. And furthermore
they will endeavor to dissuade men from the prostitution of
this inestimable prerogative to base and unworthy purposes,
even though the success of such dissuasion haply imply de
feat to some of the darling projects of progressive locofoco-
ism. But the representation in the Argus conveying the idea
that the Whigs of Dane are in favor of negro suffrage is a
wilful fabrication — the ebullition of a morose temper — the
11

162 WISCONSIN HISTORICAL COLLECTIONS
offspring of a little mind and vindictive spirit. With as
much truth and greater propriety might it be declared that
our opponents are in favor of enfranchising not only the
Ethiopian race, but also the Indians, outlaws, convicted fel
ons, paupers, idiots, infants, and wax dolls. Perhaps our
contemporary mistook the doctrines of some of the distin
guished members of his own party for those of the Whigs.
The Locofoco states of Virginia, New Hampshire, and South
Carolina restrict the right of suffrage to freeholders; and
Martin Van Buren would have done the same thing for New
York, when a member of the convention to amend the con
stitution of that state, and was moreover the champion of
negro suffrage — plated with gold, however, to give it respec
tability ! All we need now say respecting the Native Amer
ican movement is, that it originated with the Tammany Loco-
focos of New York City. The Daily Aurora, a Locofoco pa
per, was transformed into the accredited organ of the Native
party in that city, and Mr. Levin's Locofoco paper became
the organ of the Native party of Philadelphia. While the
Whig party has stood aloof and refused an alliance with the
"Natives," the latter have found kindred spirits in the Loco
foco ranks. A distinguished Locofoco member of the Ohio
senate, a few years since, earnestly declared in a public
speech that if there was any difference between a Dutchman
and a hog, it was his opinion that the difference was deci
dedly in favor of the hog ! Such an opinion the Whig party
does not entertain. It is Locofoco "thunder," and we are
not disposed to filch it from the party.

THE ISSUE
[August 25, 1846]
The question is now fully before the people of this district,
and especially of the county of Dane, whether we are to have
incorporated into our state constitution humane and liberal
provisions — whether we are to receive by that instrument

POPULAR PROCEEDINGS AND DEBATE 163
the "greatest good to the greatest number." We consider
it a question of political life or death. If the principles ad
vocated by the Whigs, as set forth in the proceedings of the
mass meeting which nominated delegates to the convention,
are left to go by the board, if they are betrayed and deserted
in the house of their friends, who will answer for such crimi
nal neglect? If they are sustained — if the people come to
their rescue, the country will rejoice and prosper in their
success. If not, we must remain as we are, hirelings and
slaves to executive dictation !
I believe the fact is undisputed that the Locofoco party
opposes Whig principles — that it lives and has a being for no
other purpose under the sun. We are warranted in coming
to this conclusion by long experience of the fact ; and it mat
ters not how salutary the measure of reform, if the Whig seal
is placed upon it opposition is the cry and the watchword.
The country has long seen and felt the evils of a landed
aristocracy. New York has suffered from it, and she still
suffers. Other states in the Union feel it a clog upon their
prosperity, paralyzing the energy and crippling the indus
try of their yeomanry. If the people of Dane County are
indifferent to their interests and the interests of our new
state they, too, may reap the bitter fruits of a powerful yet
legalized aristocracy. The Whigs are opposed to its exist
ence, and ask that it never shall be allowed to breathe the free
air of Wisconsin!
The Whigs ask that the people may be allowed to elect
their own civil officers. They are met with opposition.
They are told that corruption and intrigue will be resorted
to in obtaining office, that the bench will be corrupted, that
the ballot box will be polluted, that the people are not su
preme, that their "agents" alone are capable to appoint
them, and that life tenures are preferable to short ones. The
Whigs advocate an elective judiciary, and insist upon short
tenures in office!
Nor do they stop here. Every principle which ennobles
and gives dignity and sobriety and character to human na-

164 WISCONSIN HISTORICAL COLLECTIONS
ture calls loudly upon us, now that we have the power, to se
cure to each family in our wide country the means of sub
sistence — to secure to the farmer, mechanic, and laborer a
competence when he has once obtained it ; to protect him from
the avaricious grasp of the merciless creditor ; to make him
what God designed he should be, a free man — an independ
ent, virtuous citizen. Strange as it may seem, the Whig
principle that the homestead of the citizen shall be exempt
from sale under an execution is met with opposition — sim
ply, I suppose, because it is Whig doctrine !
The Whigs hold that we are all members of the same fam
ily — all bound to the same irrevocable destiny. It is for this
that they would extend free suffrage to the foreigner — wel
come him to all the rights, immunities, and privileges of citi
zenship. If the self-styled Democratic party adhere to this
principle, why have they not asserted it?
In this county we have opposition candidates to the state
convention. One set is avowedly, fearlessly, and fully in
favor of these measures; and if silence, as still as the deep
caverns of the earth, has meaning, the other is avowedly hos
tile to them.
Under these circumstances they are before you. The one
with their principles openly promulgated — the other, with
none at all.
The packed convention which nominated one set was fight
ing only for men ; the other, which was composed of the peo
ple in council, was contending for principle.
Such was the Locofoco — and such was the Whig conven
tion ! Draw the contrast, and then judge for yourselves.
Farmers! Mechanics! Laborers! Citizens of Dane
County, can you be long in deciding what course to pursue ?
Look at the "no-principle party," and then inquire if this
is the way in which your great interests shall be treated, in
which you all have the most important questions that have
ever occurred! Will you be satisfied with such a represen
tation as they have presented for your support? You are

POPULAR PROCEEDINGS AND DEBATE 165
soon to determine the question — a question, I repeat, of polit
ical life or death. Your interests are at stake, and upon
you the consequences must fall. A Whig.
WHO IS THE ARISTOCRAT?
[August 25, 1846]
The man who is for making the rich richer, and the poor
poorer. Who is for robbing the poor man of the little pit
tance of worldly goods which would enable him to give bread
to a starving family and [for] giving it to a rich and lordly
creditor to swell his already overgrown wealth. How, you
ask, is this done in a country of laws ? It is done by law. Two-
thirds of the laws upon the statute books are made to enable
the rich to collect their debts. But are they not as much for
the benefit of the poor? No ; the poor man cannot, if he dare,
go to law; and if he dare to, he will soon wish himself out.
There are but few poor men who can spare their fives, their
tens, or their fifties to be placed upon thet checkerboard of
the law, though they may be certain of the prize. The rich
[man] speculates upon the poor man's inability to meet the
expenses of the law : five dollars may pay his way into a jus
tice 's court, but that is only the beginning; ten must go to
the lawyer in the court above, fifty to the lawyer in the court
above that, and so on from court to court, till the poor suitor
finds that he is beat for want of funds to go on, or that he has
spent a hundred for every dollar gained. What mockery,
then, to tell the poor man that the halls of justice are open
alike to all. Here, then, is a system which cannot force the
rich man to pay his debts, where the poor man is the suitor.
Does it force the poor man? Aye, does it; and sometimes
twice over. The same causes which prevent the poor man
from prosecuting will prevent his defending. How often
has the lordling's curse been heard — "I'll beggar that man
and his family, forever. " A few years will tell the tale;

166 WISCONSIN HISTORICAL COLLECTIONS
the law screw is applied a few times, and all is gone — the
little pittance which would enable the poor devil to subsist
himself and family, and call himself a man, — his log hut, his
last cow, his last bed are gone — and himself, wife, and chil
dren are in the streets. Where next do you find them?
The toiling, drudging slaves of some lordling — perhaps of
the very man who has ruined them. How, you ask, is this
to be remedied? Exempt to the poorer class from the merci
less graspings of the rich enough to keep them from utter
destitution and want: that, though poor, they may still be
free. Exempt to every man from his creditor's grasp the
clothes which cover his nakedness, the house that covers his
head, and his necessary furniture, the tools and implements
of his trade or calling, a sufficiency of land on which to dig
a living, and enough of its products to live upon. And then,
though poor, he may be as free and independent as the mil
lionaire. It is the policy of every republic to keep all its citizens as
nearly equal as it is possible for them to be; to give to all
equal political privileges — for that is power; to give to all
free access to common schools — for knowledge is power ; and
to prevent wealth from accumulating in the hands of the few
— for wealth is power.
How necessary, then, is it in adopting a state constitution,
that there should be provisions to protect the poorer and
weaker classes of the community against the rich and power
ful. Some men will tell you that they are in favor of all
this, but, they say, put no such things in the constitution —
that it will lumber it up too much, and that it is best to leave
such things for the legislature. Men who talk thus are aris
tocrats. They know that such provisions in the constitution
are permanent, but that an act of the legislature is subject
to repeal whenever the wealth of the state may demand it.
And that they will demand it is as certain as that the big fish
<will devour the little ones.

POPULAR PROCEEDINGS AND DEBATE 167
FREE SUFFRAGE
[August 25, 1846]
The Argus of last week has a long article in reply to our
interrogatories relative to Whig opposition to universal suf
frage. The Argus asserts and attempts to prove that the
Whig party has made such opposition, but its effort is about
as bungling and unsuccessful as was that of the Democrat.
The editor first cites as proof a Native American movement
in the city of New York, and misrepresents it as having been
"a great demonstration got up by the Whigs"; and then in
order to make the Whigs appear responsible for that move
ment he quotes a paragraph from the Albany Daily Citizen
and declares that Native organ to be "a rank Whig, high
tariff paper!" The editor very well knew the demonstra
tion he speaks of to have been a Native American and not a
Whig demonstration, and also that the Albany Daily Citizen
was a thorough-going Native American paper. Hence this
paltry trick of his to saddle the responsibility of the acts of a
political squad, consisting largely of Locofoco dissenters,
upon the Whig party, is seen to be destitute of facts to sus
tain it. It is rather too stale a joke to be told to people of
intelligence and discernment.
The Argus next endeavors to show that the Whigs opposed
the principle of free suffrage by refusing to aid the Loco-
focos in 1843-4 in making a radical change in the established
method of choosing public officers. This change was pro
posed, not from any motive of benefiting the mass of [the]
community — not from a disinterested desire on the part of
its abettors to redress a public grievance — but it was de
signed solely as a temporary expedient to be used on a par
ticular occasion for the exclusive benefit of Locofoco office-
seeking demagogues. If a portion of the Whigs opposed
the measure, it was only because they considered it a delusive.
scheme intended to subserve sinister purposes, and calcu-

168 WISCONSIN HISTORICAL COLLECTIONS
lated to foster factious misrule rather than promote the ends
of good government. The measure was not conceived in the
pure spirit of philanthropy, but was designed to secure the
success of selfish -and mercenary party objects. Its authors
did not intend to bestow upon foreigners the elective fran
chise merely as an affectionate boon, but to offer it as a bribe
for their votes. If the act of opposing a measure designed
expressly for such an object can properly be said to evince
hostility to the genuine doctrine of universal free suffrage,
then perhaps a small portion of the Whig as well as of the
Locofoco party may be charged with having opposed that
doctrine in some extreme cases — but not otherwise. In their
anxious efforts to show that the Whigs as a party are op
posed to free suffrage, our opponents have always failed —
will ever fail: for they strive by sophistry to establish a
falsehood.
JOHN Y. SMITH DENOUNCED
[September 1, 1846]
Mr. Editor: Strange events are transpiring around us,
and it seems that they deserve a passing notice. Whether
the fact may be attributed to the influence of locality, or to a.
series of singular coincidences, it is a fact that Madison is
peculiarly distinguished by the preeminent hauteur of its
corps editorial.
Do you ask to what I allude? Let me answer your ques
tion by asking one. Have you seen the Argus — the rainbow
of literature — the choice excerpt of all that is beautiful in
the editorial horizon, or magniloquent on or off the stage —
the able and efficient advocate of the free-trade theory?
You have, you must have seen it, you "take the papers,"
and cannot plead ignorance of the being of that prodigy. To
let it pass without notice would be worse than a blunder — a
crime !
I have just arisen from a perusal of the haughty reply of
the editor of that sheet to interrogatories of a " self -consti-

POPULAR PROCEEDINGS AND DEBATE 169
tuted committee" who had the unblushing impudence to ask
of him his ' ' opinions ' ' upon certain questions relating to our
future state constitution.2 The committee (self -consti
tuted) after reading his condescending reply, must have felt
their own importance dwindle down to an atom, and with up
lifted hands exclaim:
"Upon what meat has this our Caesar fed, that he has
grown so great of late?"
What business is it of theirs whether the aforesaid editor
believes this or that? Whether he is in favor of, or opposed
tof The packed convention knew their business — and acting
as their superior judgment dictated, asserted that principle
Avas a matter of little or no account.
The sang-froid with which this "committee" thrusts itself
upon the notice of J. Y. Smith and other Democrats par ex
cellence is truly astounding — astounding even among the
thousand miracles in that line which locofocoism has scat
tered far and near for the edification of those who are silly
enough to dream of the possibility of human perfection, in
the attributes of honor and modesty with which this "com
mittee" is so plentifully endowed.
The "committee" probably were not aware that they had
started a spirit which, like Banquo's ghost, "would never
down. ' '
Dizzy with his unexpected elevation, his weak brain forgot
to look forward, and prattled prospectively, as chance or
habit dictated. In him the "committee'.' beheld a newly-
installed exponent of an old and corrupt faction, glittering
with the spoils of victory, and destitute of all other adorn
ment. The "committee" need not be perplexed with this phenom
enon — this magnificent example of political knavery, unlim
ited and unqualified. Other and better men have been foiled
in endeavors to solve the enigma. He is in market for the
purchase of all the sweltering rottenness of the land, and for
the sale of himself, the whole included, to that party whose

' For the reply of John Y. Smith see post, 402.

170 WISCONSIN HISTORICAL COLLECTIONS
foe he has been for several of the most consistent years of
his eminently consistent life.
Gentlemen of the "committee," lower your peake as be
comes you, and allow me to congratulate you upon your
happy choice in the selection of the once Whig orator to lead
your column, and the distinguished figure you make in his
procession. Who will dare to point the [finger]3 of shame at you?
Your good standing as citizens renders you obnoxious to the
charge of hyprocrisy.
The people, and you know it, have no right to question Mr.
Smith as to his views. That would be "dogmatical," "man
datory," and "menacing" — a compromise of his dignity to
answer their impertinent questions. And there is much com
mon sense in taking this position. Has he not for some time
past officiated as the high priest of locofocoism? Has he not
assumed all the various political hues the mind ever con
ceived of? Whig? Abolitionist? Locofoco? "The com
mittee may not be aware" of these facts, but the people know
all about him. A man who has ever lived that he might en
joy the spoils, who changes his opinions with every full of
the moon, and knows no rule for political action but the
rule of expediency, is generally well known to the people.
They wonder that such a man should talk about "estab
lished party principles." But they are not surprised to see
him advocating today one set of principles, and tomorrow
condemning the children of his adoption.
We record the opinion of the committee and of all honor
ably disposed citizens, when we say that such a man is not to
be trusted with an election to frame our state constitution.
A station of the highest political moment — a station involv
ing the destiny of Wisconsin so long as she remains one of
the confederacy. K.

* In the original article the cut of a hand with forefinger extended ap
pears at this point.

POPULAR PROCEEDINGS AND DEBATE 171
"A VOTER" STATES HIS VIEWS
[September 1, 1846]
The "committee," consisting of "B. Holt & others," is
in blast, and through their candidates are speaking forth the
views of "the party," and surpassingly honored and edified
am I thereby.
The story of Aladdin's Lamp, or Sindbad, the Sailor, pos
sesses far less of amusement than the reply of our Locofoco
candidates to the committee, in answer to interrogatories put
to them by "B. Holt & others." The reply of one George
B. Smith (who was nominated to save the party from a split)
was very well written, and possessed evident marks of su
perior statesmanship. From its reading, one would have
supposed that its author had just returned from at least
twenty years of service in Congress. "My opinions," says
this young embryo, "are so well known, that it is useless to
express them here." Modest and unassuming young man,
did you lay the corner-stone for the Democratic edifice ? Are
you the projector and father of the Locofoco creed? Are
your opinions so well known, that a repetition of them is al
together unnecessary? Such a rare specimen of modesty
ought to be rewarded — and the possessor elevated, at one
bold push, to the highest niche in the temple of political fame.
Sun Prairie was fortunate in adopting so worthy a sire to
lead her sons and daughters to eminence and fame.
Next comes John Y. Smith — the modern Sampson — the
political Hercules — and with one dash of his mighty pen, car
ries away the slender foundation on which this "B. Holt
& others ' ' had planted their hopes of political salvation. He
denies their right to interrogate him, and without much cere
mony bids them mind their own business. He owns, how
ever, that he is opposed to banks or monopolies of any kind,
opposed to an elective judiciary, opposed to the reservation
of the farmers' homestead, etc., etc. On the whole, I think

172 WISCONSIN HISTORICAL COLLECTIONS
J. Y. Smith was sincere when he published to the world that
he was not related, politically, to "one G. B. Smith." I
commend him for his honesty in this particular.
Benj. Fuller, Esq., comes next with his manifesto. How
it will suit the views of the party remains to be seen. He
acknowledges what Mr. Smith protests against, to wit : the
right of the committee to interrogate him. Question I re
lates to banks. Read his answer :
I am not in favor of the establishment of a bank, etc., unless the
corporation of the bank gives as good security, in real estate, for the re
demption of their notes (aside from specie actually in their vaults) as
they would ask for tbe loan of money.
I would place a prohibition in the constitution against the incorpora
tion of any bank or banks, unless so restrained, and I would prohibit
in the constitution the establishment of any branch of a bank chartered
elsewhere. We can have as good a constitution, as good a currency and credit as
any people in the world; therefore I hope the people will not delegate
power to the legislature to make "wild-cat" money, or to do anything
to injure the credit of the state, so that if we have bank notes at all,
we shall have such as people will be proud to see Wisconsin on the
face of it.
Here is an avowal in direct opposition to the creed of the
Locofoco party in Wisconsin, as expounded by the Argus.
The Argus man says that if he is elected he will oppose any
kind of banks; Mr. Fuller will vote for them on certain con
ditions. He is opposed only to "wild-cat" issues — and in
the name of common sense who is not?
Mr. Fuller says he "would" impose restrictions on the
elective franchise. He wishes to let the people know that if
"they are convicted of a state's prison offense, they forfeit
what every American holds dear" — the privilege of voting,
we suppose he means. Strange doctrine, that! A most ex
plicit and full reply to the question of the committee ! I am
not prepared to say whether Mr. Fuller means to evade the
question, or that he does not comprehend the meaning.

POPULAR PROCEEDINGS AND DEBATE 173
Mr. Fuller, however, cannot be misunderstood on the ex
emption question. The question is put : "Are you in favor
of, or opposed to, exempting any real estate from being taken
on execution," etc. Mr. Fuller replies in the following
words :
I would not place such exemption in the constitution but I am in
favor of the legislature exempting a team, tools, household furniture;
and I would not object to a house and small piece of land.
Farmers, do you hear that? The Locofoco candidates for
the convention are in favor of exempting a team, tools, and
household furniture, while they would allow the merciless
creditor to turn you out of doors. But they are not willing
that even this small pittance shall be guaranteed to you by
the constitution. They wish to leave the matter open for fu
ture legislation — for party quarreling and party capital. I
deem it better by far to settle this question by constitutional
enactment. It will save much foolish and unnecessary legis
lation — it will save much time and money to the people. But
it will accomplish a much more desirable object. It will se
cure the widow and orphan their home — it will dry up a
fruitful source of misery and human suffering. The Loco
foco candidates are opposed to the measure ; yet they would
not object to the reservation of a "house and small piece of
land, ' ' — made so by statute law and liable to be repealed at
every session of the legislature.
The reply of Mr. Fuller to the question of "electing all
executive and judicial officers" is not commendable to the
head or heart of that gentleman, and unworthy of notice by
any candid mind. It is evasive and shuffling — wanting
grammar and wanting sense. About the same may be said
of the other points which I have not deemed it proper to no
tice. It is to be hoped that every elector in the county will look
well to the men and measures they are about to support.
Names are nothing in this contest. Party dwindles to a
mere dwarf in comparison with the great questions at stake.

174 WISCONSIN HISTORICAL COLLECTIONS
A single vote in a town or precinct may tell with effect upon
the action of the convention. A single vote in that body
may secure to you for all time to come political freedom —
political life. Look to it ! A Voter.
THE ELECTION: ITS RESULTS
[September 8, 1846]
After a well-contested battle, the Whigs of this district
have succeeded in electing their candidate for the Council.
In Dane County they have elected their candidates for sheriff
and register. The Locos had so well succeeded in palming
off their spurious doctrines on the Norwegian voters in this
county as to obtain, in a great measure, their unanimous
suffrages in behalf of their candidates for the convention
and thus destroyed all our hopes from that quarter. This
vote, and this only, was the cause of the defeat of at least
a portion of the candidates on our convention ticket. The
Whig party are accused of having used threats, bribes, mis
representations, promises, lying, and fraud, getting up split
tickets, trading off their candidates, and much more besides
to secure the success of their ticket. All these accusations of
"bribery and corruption" are worn out and stale, they are
stereotyped charges with the Locof ocos, they appear periodi
cally, and die off naturally for the want of sustenance. But
we submit that the charges in relation to split tickets and
trading off candidates come with a peculiar ill grace from
the side of our opponents, when it is so well understood that
the leaders of the "Tadpole branch" of the Locofoco party
in this place exerted all their influence for the avowed pur
pose of defeating John Y. Smith, one of the regularly nom
inated candidates on their own ticket ; and now they proceed
to denounce the Whigs for practices of which they them
selves have been so notoriously guilty. Verily, "those who
live in glass houses should not throw stones."

POPULAR PROCEEDINGS AND DEBATE 175

SELECTIONS FROM THE MILWAUKEE SENTINEL
AND GAZETTE
THE POWER OF BORROWING MONEY
[July 28, 1846]
One of the most important subjects which will demand the
attention of the convention for the formation of a constitu
tion for this state is that of borrowing money — whether it
shall be left exclusively with the people or given to the leg
islature. The experience of the several states has shown us
the evils of delegating the money borrowing power to agents
— evils so apparent to all who care about informing them
selves on the subject that we shall now enumerate but few of
them. It is a sound political axiom that money should always be
granted by the people to their rulers with a sparing hand.
In monarchies there exists a disposition on the part of the
monarch and nobility to apply as much of the earnings of
the great mass of the people to their own use and benefit as
they can reach. In republics the same disposition also ex
ists; but its gratification is restrained by the operations of
free institutions. It was well remarked by a distinguished
member of a convention in Virginia, that "every spark of
freedom in Great Britain arose from the power to give or
withhold money. "Give money," said the king. "Give
power in exchange," said the commons. "Give money,"
said the Crown — "money I want and must have." "If
then," said the House, "this money is so deeply important,
give us in return security for our rights and liberties, for
our birthright."
There is one appalling fact connected with national or
state debts — never yet has one been fully paid off! The

176 WISCONSIN HISTORICAL COLLECTIONS
effect and tendency of any public debt whatever is to increase
and not to diminish. The history of every state in the Union
that has resorted to loans proves this. In Ohio, Pennsyl
vania, Illinois, and other states, their public debt has in
creased far beyond the expectations of those who originated
them. It is questionable whether more misfortune and mis
ery has not been entailed upon the world at large by the bor
rowing of money and pledging the taxes for the payment of
interest than there has been good produced by the invention
of money itself. This system was first introduced into Eng
land by King William, and enabled him to raise money for
his ambitious prospects to a great extent. The public debt
of Great Britain at his accession to the crown was but one
million, and it has gone on increasing from that time to this,
until it has reached the enormous sum of £900,000,000 sterl
ing, at an annual charge upon the industry of the working
and productive classes of the nation of about £40,000,000
sterling. This is the natural tendency of public debts. In
monarchies, where the supreme power is in the king, public
debts are said to be supports to the throne; they interest
large numbers of people in the perpetuation and the support
of the existing order of things, lest, by a change, they should
lose their money. But in a republic, where the sovereignty
is in the people, this argument, which is the only one yet ad
duced in favor of a standing public debt, has no force what
ever. Guard the exercise of power as we may, by written consti
tutions or otherwise, experience has shown that "its natural
tendency is to steal from the many to the few." The con
stitution, as has been well and truly observed, is the basis of
the legislative authority ; it lies at the foundation of all law,
and is a rule and commission by which both legislators and
judges are bound to proceed. The acts of a legislature can
not be supported in any other way than by reference to the
constitution which created it. It has no power whatever in-

General Rufus King
From a photograph in the Wisconsin Historical Library

POPULAR PROCEEDINGS AND DEBATE 177
dependent of that instrument. Let the convention, then,
which frames our constitution, fence round and protect the
interests of the people by explicit declarations not to be mis
understood or liable to be twisted to suit the purposes of
mischievous and designing men. Private property should
be so well guarded that not the value of a cent could be de
manded for public uses except compensation, in money, be
paid to the owner. A legislature without such a check might
take private property for public use upon a promise to pay,
and thus entail the debt upon posterity ; and if authority be
given to take private property without payment in money,
there would be no limit to the power, inasmuch as promises
can be made more abundant than money.
Having some further arguments to advance on this sub
ject, and on the one immediately connected with that of bor
rowing money — taxation — we shall defer them for another
article.

TAXATION—BORROWING MONEY
[August 1, 1846]
We submitted on Tuesday last a few remarks on the sub
ject of granting the power of borrowing money to legislative
bodies, pointing out some of the evils to the whole commun
ity by its delegation of this power, etc. We now propose to
offer some further reflections in continuation of the subject,
in connection with the one so immediately united with it, on
that of taxation.
It is, we believe, admitted that when a government is in
stituted and salaries to its officers authorized to be paid,
the power to levy and collect the necessary taxes is included.
To deny this power would tend to pull down the whole fabric
of government, and no position has been better settled than
that every government possesses the inherent power of sus-
12

178 WISCONSIN HISTORICAL COLLECTIONS
taining itself and to raise all the means necessary to that end,
until such time as it shall please the people to alter or abolish
it. In nearly all our state constitutions there have been re
strictive clauses introduced in regard to the exercise of the
power of taxation, but these wise and prudent restrictions
have been rendered nugatory by the practice recently intro
duced of borrowing money. The power to borrow money at
will is a very important one and should be exercised with the
utmost caution. With this power the legislature must neces
sarily possess the means of carrying it into effect. These
means are nothing more nor less than transferring from our
selves to our representatives the right to mortgage every
dollar's worth of property in our possession for its repay
ment. A wicked or unwise legislature might borrow more
money than the people will be able to repay in half a cen
tury. The power of taxation may also be abused. So may
all other powers granted. But there is an extent beyond
which abuses cannot go. The abuse of taxation, for in
stance, cannot extend further than the ability of the people
in any one year to pay, whilst the abuse of the borrowing
[power] may be felt for ages to come. The exercise of the
right of taxation has justly been called a "high sovereign
power." The right of borrowing is a higher power still.
The power to borrow is just so far greater than the power
to tax as the whole and entire control of the fee of our lands
is greater than one year's product of them. Excessive and
unnecessary taxation in any one year can be corrected by
the ballot boxes of the next, but a mortgage upon our lands
cannot be removed in that way. If one legislature can bind
successive legislatures to any extent if may deem proper —
if one legislature can draw upon and squander the resources
of the state for many years to come, and can bind not only
its immediate constituents during their natural lives, but
posterity, by its acts, our annual elections are so many
farces. It has been denied that one legislature binds an
other ; this may be so, but when the public faith is pledged

POPULAR PROCEEDINGS AND DEBATE 179
by the constituted authorities that pledge ought to be re
deemed. It has been said, "The legislature is the people, and can
not the people trust themselves?" The members of the leg
islature are the agents of the people. They act for the peo
ple by power of attorney. So far as their acts are within
that power they are* good and valid; so far as they go beyond
that power they are null and void. Although the people
should and do confide in the representative of their own
choice and trust him to do everything in the range of the
trust delegated to him, yet he is not invested with sovereign
and independent power. There is no sovereign and inde
pendent power except in the people. "It should be remem
bered," says Jefferson, "as an axiom of eternal truth in
politics that, whenever any power in any government is in
dependent, it is absolute also, in theory only, at first, when
the spirit of the people is up, but in practice as fast as that
relaxes." It may jiot be improper to offer some observations as to
the power of taxation as applied to the matter under discus
sion. "Money," says Alexander Hamilton, "is, with pro
priety, considered the vital principle of the body politic ; as
that which sustains its life and motion, and enables it to per
form its most essential functions." Now, so far as this
"vital principle" is abstracted from the body politic, so far
as it is dissipated and squandered, so far is life and motion
paralyzed and its essential functions weakened. The object
of every wise government, more particularly of a govern
ment founded upon and sustained by the will of the governed,
is to protect the life, liberty, and property of all within its
sphere. A government that fails in the protection of prop
erty, or wrongly seizes upon it, degenerates into tyranny;
for the essence of tyranny consists in taking from us our
hard earnings without giving a fair and just equivalent.
Whether this be done under color of law or, as in the Turkish
Empire, by force and violence, matters not. The effect is
the same. Our revolutionary ancestors took this view of it.

180 WISCONSIN HISTORICAL COLLECTIONS
They were not oppressed by taxation, but the fear that they
should be drove them into rebellion. The result is well
known. We should look well to these powers when delegating them
to others and see that our "natural, inherent, and inalien
able" rights are properly guarded in the proposed constitu
tion. Let us be certain that, in giving a portion of our pri
vate property, * * * we secure to ourselves protection
and security for the remainder. Among the rights of man, as
enjoyed in a state of nature, are life and liberty and the pro
ceeds of his labor. As with our property, so with our per
sonal liberty. We voluntarily agree to certain restrictions
upon our liberty so that the balance or greater portion shall
be better secured. In this way every individual avails him
self of the whole power of the community for the safety of
the bulk of his property, and for the protection of his politi
cal rights and his freedom of action. Every individual, by
this wise arrangement, affords and secures protection. The
perfection of republican governments consists in relinquish
ing as little of property and liberty and securing as much of
both as is consistent with these ends.

VIEWS OF "R" CONCERNING THE CONSTITUTIONAL
CONVENTION
[August 8, 1846]
Messrs. Editors: Some valuable, appropriate, and im
portant remarks have lately appeared in your paper on the
subject of the state constitution soon to be acted upon by a
convention of delegates to be chosen for that purpose.
There is, apparently, too much apathy and indifference
among the people on that highly important subject. Impor
tant principles are to be discussed and acted upon, and it is
hoped that men of ability, capable of doing justice to the sub
ject, will immediately enter upon the discussion. It has
already been too long delayed.

POPULAR PROCEEDINGS AND DEBATE 181
We are about to establish organic laws, which differ
widely from legislative enactments. The one is permanent
and not easily altered, while the others may be modified or
repealed at pleasure. Our future prosperity depends in a
great measure on our system of laws ; and it is our own fault
if we do not adopt a good one.
The subjects you have already alluded to are very impor
tant, and I hope they will be thoroughly canvassed. There
are others, also, which should not be overlooked ; without go
ing into particulars (for I have neither time nor ability to
do it), I will briefly advert to one or two.
I am no advocate for sanguinary laws, except so far as is
necessary for the protection of human life. So far as human
nature is what it is, the strongest possible safeguard should
be thrown around life. And this is the death penalty —
a penalty enacted from the beginning by the Great Creator
himself, and it cannot be shown that it was ever abrogated.
On the contrary, we often have remarkable instances of the
interposition of divine providence in the detection of mur
derers where human efforts seem to fail. What is this but
an indication of the divine will in the matter? Abolish the
death penalty, and where would be our security? As it is,
murder is of late not unf requent among us. And whence this
fearful increase of crime, but from an imagined impunity.
It is believed by many that the recent murder in our vicinity
would not have been committed had it been certain that the
penalty would have followed.
The acquittal of Vineyard was a disastrous precedent.4
It is but natural to feel alarmed when so strenuous exertions
are being made to uproot (as I solemnly believe) the very
foundations of civil society. I do not say that it is so here.
I do not know that it is. But we do know that in the states
there are many, and their number is increasing, who are so
engaged. One of their cardinal measures is the annihila
tion in all cases of capital punishment. They have suc-

1842

* James R. Vineyard shot Arndt in the Capitol, at Ma'dison, February 11,

182 WISCONSIN HISTORICAL COLLECTIONS
ceeded in Michigan. She is trying a fearful experiment.
Let us await the result before following the example.
A prominent argument with the enemies of capital punish
ment is that imprisonment for life is more to be dreaded or
a greater punishment than death itself. Now this is all
moonshine and contradicted by facts. A case occurs to mind
and directly in point. Some years since, a bill was intro
duced into the legislature of New Hampshire abolishing capi
tal punishment. During its pendency, and when many sup
posed it would pass, a murder was committed — the criminal
arrested and thrown into prison. The bill, however, did not
pass. When the criminal heard of it he was seized with the
greatest consternation and distress, declaring that when he
committed the crime he supposed, that if convicted he should
only be imprisoned. One such act as this outweighs a vol
ume of argument.5
In the article referred to allusion is made to the right of
suffrage, with the expression, "that there will be little dif
ference of opinion" on the subject. This is rather vague,
but I suppose it means universality. If so, it may admit of
question ; probably a majority of the people of the territory
will be opposed to it literally. We have a party among us,
not to be despised for talent or numbers, who think that the
man of color is entitled to equal privileges with the whites.
Although not nominally of that party, I am with them in that.
I could never see the justice or propriety of disfranchising a
fellow man because our common Creator saw fit to give his
skin a different tint from my own, and that only in the light,
for, according to the discoveries of modern science, there is
no difference whatever in color, or rather, there is no color
in the absence of all light. See Dicks ' Practical Astronomy,
page 107.
I have said more than I intended at the commencement.
My sole object was to draw others competent to discuss im
portant principles. The occasion may never again occur,

s For a refutation of "R's" arguments on capital punishment see post, 189.

POPULAR PROCEEDINGS AND DEBATE 183
and the time allotted is short. As this is my first, so it will
probably be my last, communication to you on this subject.
I ask your permission in doing so, to say a few words on the
importance of sending suitable men as delegates to the con
vention. And here I would premise that I am one of your
old-fashioned "Bay Yankees," and belong to that class to
whom you refer, "who cling with affection and reverence to
the time-honored usages of the past, and regard the common
law, and the established rules of administering it as ap
proaching nearly to the perfection of reason and experi
ence. ' ' And why not ? For they are based on the principles
of eternal truth and justice as originally laid down and en
forced by the Divine Lawgiver to man — principles recog
nized by all free and enlightened governments.
Old men for counsel, is as true a maxim now as in the days
of Solomon, although in practice it has in a manner become
obsolete. But such are the men we need in this convention.
Men of age, wisdom, and experience. Party considerations
should have no influence in their selection. No political
demagogue should be returned to that body. Yet it is
scarcely to be expected but that some such will find their way
there. But if the people are wise and do their duty, their
numbers and influence will be too small to do much harm.
Send no man there whom you cannot trust without a public
pledge, for the chances are against you that he will violate
it if a strong temptation occurs. I do not, however, object
to a public declaration of sentiments by the candidate if
called for. It is right and proper they should be known by
the people. R.
Lisbon, August 4, 1846.

184 WISCONSIN HISTORICAL COLLECTIONS
LETTERS OF "JEFFERSON"6— No. 1
[August 10, 1846]
Messrs. Editors : The Whigs hold these truths to be self-
evident: "That all men are created equal; that they are
endowed by their Creator with certain inalienable rights;
that among them are life, liberty, and the pursuit of happi
ness. That to secure these rights governments are insti
tuted among men deriving their just powers from the con
sent of the governed."
In our transmigration from a territorial form of govern
ment to an independent state sovereignty, the people should
sedulously and cautiously guard against every encroach
ment upon their natural and inherent rights.
The right to select their servants (for I eschew the term
"rulers") should be brought home to the electors as near as
possible. The election district should be so arranged that
each individual elector can know for whom he is giving his
support. For it is folly to call upon men to elect those of
whom they have no knowledge. With a view of securing this
privilege, I should advocate that the single district system
should be adopted as far as practicable.
This mode of electing officers will give more general satis
faction than ony other, and is peculiarly adapted to a demo
cratic form of government. Each voter can then know the
candidate who there claims his support, and can investigate
his fitness to hold the trust which is to be reposed in him.
Our party may not have so strong a representative from a
county, perhaps, where they hold a large majority over the
other, as they would by the general ticket system ; but what
they lose in such a county they will be able to gain in another
county where they are in the minority. Besides, the present

* A letter in the Wisconsin Banner, September' 5, 1846, shows these letters
by "Jefferson" to have been written by Mr. B. Butterfleld, of Milwaukee.

POPULAR PROCEEDINGS AND DEBATE 185
dominant party may, the next year, be in the minority and
their opponents will be in the ascendant. And then they may
save to themselves some part in the administration of the
government, which otherwise would have been wholly lost.
The duty of each officer should be simply and clearly de
fined. The executive officer should not be embarrassed by
the nominating or appointing power. His whole business
would be to carry out the will of the people. Why should
the governor be called upon to appoint the surrogate, the
notary public, the clerk, or the judiciary? Can he know bet
ter than the people of Milwaukee County who will best serve
them? If he cannot know as well as the people, who are
proper candidates for office, why should he be invested with
the appointing power, or the right to nominate? Cannot
the people of the county of Milwaukee, for instance, better
select their servants of trust than the executive who resides
in Madison, and who is dependent entirely upon the repre
sentations of others as to the fitness of the candidates for
office ? And why should the executive officer be troubled with
such matters, which can better be done at home and by those
who are immediately interested in them? Where the right
to nominate or appoint is vested in a single individual or in a
small body of men, it often happens that the people are
forced to accept the services of men who could not have been
elected by the people.
This is not the way that men transact their own ordinary
business. If a man wishes to employ a hand to perform an
important private trust for him, he chooses to know person
ally his qualifications to discharge the duties to be confided
to his care, and the inquiry whether he is worthy and well
qualified is diligently made. Should it not be equally so with
public as well as private servants?
But aside from all these objections, there is one still great
er. Whenever the power to nominate and to appoint public
servants is removed from the people and given to an individ
ual, or to a few men, it tends to create a central power,

186 WISCONSIN HISTORICAL COLLECTIONS
around which all the corruption of office seekers is centered,
and produces aristocratical dictation and favoritism, and is
used too often for base and selfish purposes. The honest man
is too often overlooked, and the mere tool of party is exalted
to posts of honor and responsibility, to the manifest injury
of the people and the public good. For these reasons, I hold
the people should retain in their own hands the sacred right
of nominating and electing every public officer. And that all
officers shall be accountable to the people for their steward
ship. Jefferson.
LETTERS OF "JEFFERSON"— No. 2
[August 14, 1846]
Messrs. Editors : I trust that I have sufficiently shown in
my previous numbers the importance of withholding from
the executive the nominating and appointing power. I now
propose to show that this power ought not to be given to the
legislature. The power of the legislator is the most elevated and impor
tant that can be bestowed upon man in any civil society. To
exercise this power requires a high degree of wisdom, a per
fection of knowledge, and a clearness of judgment, which few
are happy enough to possess. To manage one's own private
affairs, to regulate all one 's actions so as to produce the best
results, requires all the sagacity of the most talented. But to
manage the destinies of a whole people, to lay down the rules
of action for a state or a nation, justly requires a sagacity
more exalted, more discriminating and penetrating than falls
to the lot of most men. And before a man should take upon
him so great a responsibility he should search well his own
heart to see that he is actuated altogether by the love for, and
good of the people, to see his own capability, and that he is
better fitted to promote the public good than any other indi
vidual. He should be well skilled in all human knowledge.
Men and things should be as familiar to him as the keys of an

POPULAR PROCEEDINGS AND DEBATE 187
instrument to the most skillful performer. He should know
the wants of the people he is to serve, and the best manner to
satisfy those wants. He should be a lover of man and pos
sess a strong desire to render his constituents happy. He
should vanquish all selfishness in himself and act singly to
promote the public welfare. His soul should blaze with pa
triotism, and his life should be his country's. He ought to be
such as Washington, Jefferson, or Franklin. He should be
endowed with such wisdom and foresight as will enable him
to comprehend the past, the present, and the future; he
should be able to act with that perspicuity of forethought
that falls little short of prophetic. For on him depends the
good or the evil of generations to come. Though the act at
the time it springs into notice may be but small, yet it may be
as a single cog in the vast machinery of human events which
will entirely change the destiny of nations for the better or
for the worse. Though Brutus gave the last stab to Rome 's
assassinated and dying tyrant, and though a nation was
already avenged by the blood of its oppressor, still that stab
was the most fatal to all tyrants, and carried with it more
power than all that preceded it. It controlled the destiny of
the nation. Without it, Caesar would have expired. But
without it Rome would not have been suitably avenged. The
receiving of thirty pieces of silver for the base turpitude of
a traitor was in itself but a trifle, but on that act hung the
destiny of the world of mankind. The levying a duty of three
pence upon a pound of tea was of itself unworthy of notice ;
but it ignited a fire whose flame can never be quenched so
long as nations shall people the earth.
Who then, let me ask, is capable of executing this high
trust of dictating to a free people the rule of civil action?
Let him stand aloof from all contaminating influences — let
him be guided by one all-controlling desire of benefiting his
constituents with his whole might and mind. Let him leave
all patronage with the people and give his whole efforts to
legislation ; and when he has performed his trust, let him re
turn to the people to enjoy with them the fruit of his labors.
Jefferson.

188 WISCONSIN HISTORICAL COLLECTIONS
UNIVERSAL EDUCATION
[August 22, 1846]
The convention to revise the constitution of New York,
which is now in session at Albany, has adopted the following
article on the subject of education :
6. The legislature shall, at its first session after the adoption of this
constitution, and from time to time thereafter, as shall be necessary, pro
vide by law for the free education and instruction of every child between
the ages of four and sixteen years, whose parents, guardians, or employers
shall be residents of the state, in the common schools now established, or
which shall hereafter be established therein. The expenses of such edu
cation and instruction, after applying the public funds as above provided,
shall be defrayed by taxation at the same time and in the same manner as
may be provided by law for the liquidation of town and county charges.
We should rejoice to see a similar article incorporated in
the constitution of Wisconsin. We consider it to be one of
the paramount duties of government, to provide the means
of education for every child in the state. This can be done
and only done through the medium of free schools, main
tained at the public expense and open to all who may choose
to seek these fountains of light and knowledge. Free schools
are to be found in the New England states and in some por
tions of New York. If the provision we have quoted shall be
adopted by the people they will become general in the Em
pire State. But they are more necessary in Wisconsin than
in any of the older states. It is only by means of free
schools that our heterogeneous population can be made to
assimilate, and that the children of the German, French,
Irish, and Norwegian emigrants who are flocking hither in
such large numbers can be thoroughly Americanized. Let
the people, then, instruct their delegates to the convention
to engraft such a provision upon the constitution of Wis
consin as shall secure to every child within our territorial

POPULAR PROCEEDINGS AND DEBATE 189
borders in all time to come the blessings and benefits of a
good education, "without money and without price." In no
way can they contribute more effectually to the influence,
reputation, and prosperity of our nascent state.

VIEWS OF "R" ON CAPITAL PUNISHMENT ANSWERED7
[August 22, 1846]
Messrs. Editors : I have watched from time to time with
much interest and pleasure what has appeared in your valu
able paper from your correspondents in relation to the con
stitution of our future state. And as you have informed us
that you lay their productions before your readers for what
they are worth, without any responsibility on your part, I
thought I might venture to give the opinion of one Whig, and
perhaps more, by joining issue with the gentleman of Lisbon
(Mr. R.) upon the subject of capital punishment. The gen
tleman in his first article speaks strongly in favor of capital
punishment. He seems to be of the opinion that for the safety
and well-being of the people of this flourishing territory we
must stick to the system of hanging ; and [he has] brought
up one case which has come under his own observation to
prove that there will be less crime committed in the country
while we continue to hang men, than there would be, if we
should cease to take that life which I believe God alone has a
right to take. And now, sir, I cannot discover that the case
cited proves anything very conclusively. For a man to say
that he should not have done as he once did in a fit of drunk
enness if he had known the consequences, should not, in my
opinion, have the least weight. It is altogether probable if
that man had not been drunk he never would have murdered
his wife. I have never heard a case of that kind but what
the murderer would testify that had it not been for the in
toxicating dram, or had he been himself, the foul deed would

' For "R's" argument, here answered, see ante, 182.

190 WISCONSIN HISTORICAL COLLECTIONS
never have been done. I would ask if it can be proved that by
hanging men crime is to be lessened. I think the history of
this country ever since the time of hanging witches (and not
the history of this country alone either) plainly tells us that
capital punishment does not, never has, nor ever will, lessen
crime. But, sir, to take the pardoning power from the execu
tive in cases that are now called capital, and then imprison
ment where the culprit may be kept in safety till He who gave
the life may see fit to take it from him, would be as safe to
the community, crime would not increase, and the guilty
[would be] less likely to go unpunished ; and I may add there
would not then be (as has many times been the case) an inno
cent man hung. I will say no more now, although I have said
but little ; I know there are many who can take hold of this
subject ably and I hope to hear from them. Now is the time
to speak out. Yours, etc.,
Milwaukee, August 20, 1846. T.

APPEALS TO FOREIGNERS
[August 14, 1846]
We observe that as the election draws nigh some of the
more unscrupulous of the Locofoco presses are revamping
many of the exploded falsehoods which they have hitherto
circulated in regard to the principles and measures of the
Whig party, and rely upon such means to secure a triumph
in the coming contest. Among these inventions of the enemy
the favorite one just now seems to be the charge that the
Whigs, as a party, are opposed to granting the right of suf
frage to foreigners, and upon this is founded an appeal to
the Irish, German, and other immigrants to vote the regular
Locofoco ticket, as the only means of securing to themselves
equal rights and privileges under state government. Those
who thus seek to array adopted citizens in a body on one or
the other side of the dividing party lines are their very worst

POPULAR PROCEEDINGS AND DEBATE 191
enemies. And the pretext upon which the demagogues in the
Locofoco ranks strive to do this is as false and unfounded as
the object in view is selfish, reprehensible, and unpatriotic.
The Whigs, as a party, are cordially and unitedly in favor
of extending the right of suffrage and every other civil and
political right to all the citizens of Wisconsin, native or nat
uralized. Far from desiring to draw any line of distinction
between the two classes, it is their earnest wish to see them
placed on an equal footing so that, as years pass on, they may
gradually become one people. Those who falsely represent
to our adopted citizens that the Whigs are inimical to their
rights and interests do so with a single eye to party advan
tage. The Locofoco leaders know full well that unless they
can retain the united foreign vote on their side they must
speedily lose their ascendancy, not in Wisconsin only, but all
over the Union. Hence it is that they stoop to any artifice,
however disreputable, to prevent adopted citizens from judg
ing for themselves and dividing, as the native citizens do,
upon the various political questions of the day, without re
gard to sect or birthplace.
It is an undisputed and undeniable fact that the large ma
jority of American-born citizens are Whigs. Can any better
prima facie evidence be required that the Whig policy is the
true policy of the country? And does anyone doubt that if
immigrants coming to this country, learning our language,
adopting our sentiments, and accommodating themselves to
our habits, should form their own deliberate opinions as to
what policy to uphold and what party to join, a very large,
if not the larger, proportion would side with the majority of
those who, having always lived in the country, might be sup
posed best to understand what principles were most conge
nial to the spirit of our institutions and what measures were
best calculated to advance the national welfare ? Why, then,
it may be asked, do we find the Germans, Irish, and other im
migrants arrayed in mass on the Locofoco side? Simply be
cause it is the constant and studied effort of the Locofoco
leaders to make this class of our population believe that the

192 WISCONSIN HISTORICAL COLLECTIONS
Whig party is hostile to their rights and would if they could
deprive them of all voice and participation in the affairs of
government. The near approach of our territorial election has been
made the signal for the renewal of these efforts at misrepre
sentation on the part of our opponents. That they will be
to some extent successful in inducing our adopted citizens to
band together under the Locofoco flag cannot be doubted.
It must be the work of time to expose the falsehoods and dis
pel the delusions so industriously conjured up by our oppo
nents. But truth will prevail in the end. The more intelli
gent among the German and Irish settlers already under
stand the game and rightly estimate the motives of the prin
cipal actors in it. Once satisfied that the Whig party is not
inimical to them, they will disregard the earnest appeals of
Locofoco leaders, and judge and decide on all questions of
public policy upon their intrinsic merits, uninfluenced by any
such narrow, illiberal considerations as are so constantly
urged upon them by the organs of the Polk and Texas party.
When they shall do this we do not doubt that the principles
and measures advocated by the Whigs will commend them
selves to their confidence and receive their enlightened and
hearty support. TACTICS OF THE ENEMY
[August 24, 1846]
The editor of the Madison Argus, a renegade Whig, is one
of the Locofoco candidates for the convention in Dane
County. This circumstance seems to have stimulated afresh his
zeal in behalf of his new associates and, like all turncoats,
he is especially denunciatory towards those with whom he but
recently acted. We esteem the Whig party especially for
tunate in getting rid of all such soldiers of fortune, and we
shall not quarrel Avith the editor of the Argus for deserting

POPULAR PROCEEDINGS AND DEBATE 193
to the enemy. But in adopting a new set of principles for
himself he has no right to misrepresent and falsify those up
held by his former political friends. We find in the last
Argus the following among other paragraphs aimed at the
Whig party :
We care not what a mere handful of Whigs may find it convenient to
profess. We know what are the principles of the party and we know
that, give them the power, and they would saddle us with a batch of banks
at the shortest notice, and that, once saddled, we should be ridden at their
pleasure and for their profit — the whole Democratic party would instantly
be under the ban of the bank power.
The effrontery of a charge like this would amaze us in any
one but a political turncoat. The fact is notorious that five-
sixths of the banks in the United States were created by
Locofoco legislatures. The old "monster" itself owed its
existence to the party of which the Locofocos of the present
day claim to be the legitimate heirs. When this institution
was broken down some six hundred local banks, the offspring,
for the most part, of Locofoco legislation, started up in its
place. These institutions were not only made to subserve
political purposes, but the very stock was distributed among
the favored few of the party and no man was allowed to have
a finger in a bank pie who did not swear allegiance to the
Locofoco leaders. We venture to say that the whole history
of our country will be searched in vain for such glaring in
stances of corruption, rascality, and abuse of power as are
to be found broadcast in the Locofoco bank legislation during
the eventful years of '34, '36, '37 and so on to 1840. And yet,
with a full knowledge of all these facts, the Madison Argus
falsely and impudently charges upon the Whig party the
wrongs and robberies committed by its own political asso
ciates. No doubt the editor hopes by such gross and wilful
misrepresentations to help himself in the coming canvass.
But a victory won by inglorious means and dishonorable
weapons will yield but a barren and short-lived triumph.
13

194 WISCONSIN HISTORICAL COLLECTIONS
LETTERS OF "JEFFERSON"— No. 3
[August 27, 1846]
Messrs. Editors : Our opponents are moving every power
under their control to induce the good people to believe that
they are their especial friends. And it seems to me that their
hypocrisy has been sufficiently apparent, to put honest, think
ing men on their guard.
They have asserted that low wages for the laborer is for
his greatest advantage ; also, that if our labor is done in Eng
land it will be greatly for the interest of the common laborer.
And many other as foolish and base pretenses have been
urged for the good of the industry of the country. But among
all their pretenses there is nothing more black-hearted and
false than that they are the advocates of universal suffrage.
Let us look one moment at this pretense, and see if there can
be any, the least particle, of truth in it.
Has not the Locofoco party been in power now some seven
teen years, except one month when Harrison held the chair
of state?
Have they not had the power to enact any law they chose
during that time? And why is it, if they are the exclu
sive friends of the foreigner, that they have not repealed the
law of a five years' residence before a foreigner can have the
privilege of voting? What good reason can they give why
a man who has abandoned his native country, in order to en
joy our free institutions, should be compelled to a residence
of five years to become equal to any of our citizens? I have
heard them argue as a reason why they have not repealed
this provision, that the foreigner has never claimed any
change. Yet they urge on the eve of the election that they
are opposed to any distinctions between natives and foreign
ers. The Whigs, on the other hand, have always held that all
men are created equal ; that location, birth, or any other cir-

POPULAR PROCEEDINGS AND DEBATE 195
cumstance makes no distinction; that the mind is the true
standard of man ; and that when a man, wherever he may be
born or whatever his condition, comes to this country with
the mind to be an American and a freeman, he is qualified to
act as a freeman. The Whigs hold that residence cannot
change him for the better ; that all he should be called upon
to do, in order to entitle him to all the rights and immunities
of a citizen, is to become a resident and to make known his
intentions to be such; that five years' residence cannot fit
such a man better ; that paying taxes adds nothing to his ca
pacity ; that holding real or personal property will not qual
ify him better ; and that a man who hates our government will
not love it better because he is rich nor hate it worse because
he is poor.
They hold that the act of abandoning their native home
and indicating their intention to become the recipients of our
free institutions are the strongest proofs that can be given in
favor of that state of mind which is requisite to make a for
eigner a good citizen. And that all such men should be allowed
to vote for all the officers which are elective. And I ask, why
is it, since our opponents have held the power to give to all
this right at the coming election, that a part of our popula
tion is entitled to vote for only a part of the elective officers ?
They are residents and may vote for delegates, yet are de
prived of the right to vote for the legislators. Are they not
to live under the laws to be made to govern, as well as the
constitution we are to live under? Does it require more
capacity to enact laws than to lay down a foundation for our
government ! Let every voter look to these men who pretend
so much interest in them at elections, and never do anything
for them. Jefferson.

196 WISCONSIN HISTORICAL COLLECTIONS
THE WISCONSIN DEMOCRACY'S LOVE FOR THE IRISH
"Veritas nihil veretur, nisi abscondi"
[September 5, 1846]
Messrs. Editors : Aware of the courtesy with which you
treat even those who differ with you in political opinion, I
take the liberty of soliciting a place in the columns of your
widely circulated paper for the following facts in relation to
the conduct of the self-styled leaders of the Democracy of
Wisconsin towards that portion of the adopted citizens for
whom they profess so much friendship. I mean the natives
of the "Emerald Isle." I will commence with Racine
County. At the Democratic caucus held for the town of Southport
in the spring of 1844, three Irishmen, namely Quigley, Har-
kins, and Callaghan were nominated for township officers,
but on counting the votes on the day of election it was found
that the names of those three persons, although of unexcep
tionable character and qualifications, were erased from
forty-seven of the fifty-five Democratic tickets polled on that
occasion. This circumstance created quite an indignant
feeling amongst the Irish generally, but their ire was as
suaged by a solemn promise gratuitously made by the office-
hunting demagogues, that one of their countrymen should be
nominated at the county convention during the ensuing au
tumn for a seat in the legislature. The autumn arrived, the
convention assembled at Kellogg 's Corners but there was
not a single Irish delegate present, nor was any Irishman
nominated for office. The most remarkable and bare-faced
fraud in the affair was that the Irish were excluded from the
caucuses held in townships where they actually formed the
majority by a trick of the conjuring clique which enabled
them to hold secret caucuses in houses remote from the ac
tual places of holding town meetings. In the township of

POPULAR PROCEEDINGS AND DEBATE 197
Brighton, for instance, a large number of the Irish had as
sembled on the day of the caucus at the house of Mr. Ward,
where the caucuses had been held for several years, and they
were there informed by one of the dictators that no caucus
was to be held for that township and consequently returned
to their homes, while their informant repaired to the resi
dence of a Mr. Coffin, in a remote portion of the township,
three miles distant from the nearest Irish settler, and there,
with three other conspirators held a secret caucus at which
one of these political swindlers elected the other three as
delegates to the county convention. So much for the Hum
bug convention of Racine in 1844, when the Irish popula
tion of that county numbered over 3,400 souls or nearly 600
families — all of whom were Democrats and amongst whom
were the proprietors, cultivators, taxpayers, and actual set
tlers of about 72,000 acres of land.
At the Democratic election in Milwaukee held about the
same time, Mr. John White, the regularly nominated candi
date for sheriff and the only Irishman named on the ticket
was defeated by some 300 Democratic votes.
At the Iowa County election last autumn Mr. Dennis
Murphy, an Irishman and one of the oldest, most intelligent,
and most wealthy citizens of that county, and one of the
regular nominees of the Democratic convention for the house
of representatives was rejected on the day of the election.
During the recent Democratic conventions it is a remark
able fact that neither Dane, Walworth, Jefferson, Dodge,
Iowa, Grant, Brown, Portage, Columbia, Rock, Green, Calu
met, Richland, Marquette, Crawford, St. Croix, Sheboygan,
nor Manitowoc counties (all of Wisconsin Territory, except
Racine, Milwaukee, Washington counties) have nominated
a single Irishman — although all, with the exception of Rock,
are decidely Democratic. Nor has there been a single na
tive of xhe Green Isle nominated for an office from any of
the five wards embraced within the limits of the beautiful
city of Milwaukee.

198 WISCONSIN HISTORICAL COLLECTIONS
Mr. Ryan is among the nominees for Racine County. He
is decidedly the principal lawyer in that county and the
knowledge of this fact may have contributed to secure his
nomination, yet I assure you he can hardly be considered
as an Irishman as he never identified himself with them
since he came to our territory. Indeed, I will venture to
say that one-fourth of the population of Racine County are
ignorant as to the country of his birth.
I learn that in the Irish townships in Washington and
Milwaukee counties a few nominations have been made from
amongst the Irish, but I am under the impression that those
nominations will not be sustained in the ballot box on Mon
day next.
Time will tell, however, and I feel confident that the Irish
citizens, when they discover the game, will not suffer the
clique to impose upon them any longer.
Yours respectfully, A consistent Democrat,
Semper Parattjs.

THE CONSTITUTIONAL CONVENTION
[September 22, 1846]
The convention to which has been entrusted the task of
preparing a constitution for Wisconsin is to assemble at
Madison on the first Monday in October, a fortnight from
yesterday. The duty with which they have been charged,
although an important and responsible one, may be easily
accomplished within four weeks from the time of meeting.
Having the constitutions of all the other states in the con
federacy to guide and direct them, the labors of our conven
tion will be limited to the work of comparing these together
and selecting from each such provisions as may seem best
adapted to our wants and most congenial to our habits and
opinions. There is no reason why several months should be
wasted in unprofitable debate, as in the convention now sit-

POPULAR PROCEEDINGS AND DEBATE 199
ting at Albany; nor why, as in the recent instance of Mis
souri, so obnoxious a constitution should be framed as to be
rejected almost unanimously by the people. Both these er
rors may easily be avoided by the delegates-elect, if they will
carry with them to Madison the simple and single purpose
of making a constitution for the people and not for a par
ticular party, and of being governed in all their acts and
deliberations by an honest desire to secure private rights
and to promote the public welfare. If they will give us a
constitution, with few and plain provisions, simple and effi
cient in its machinery, equal in its requirements as in its
benefits, and thoroughly republican in its letter and spirit,
there can be little doubt that the people will approve the re
sult of their labors.
We anticipate no great difference of opinion, save on two
points only — the judiciary and the subject of currency. We
assume that single districts will be established for the elec
tion of members of the legislature, for the obvious reason
that this is the fairest, the simplest, and the only democratic
mode of apportionment. We assume, too, that the right of
suffrage will be freely, as rightfully, conferred upon every
male inhabitant in the territory who has attained the age
of twenty-one years and has lived here long enough to ac
quire a residence and entitle him to the rights and privileges
of citizenship. We assume, further, that it will be made the
duty of the legislature to provide for the education of every
child within the limits of the future state of Wisconsin, so
that all who will can come and drink at the fountain of
knowledge without money and without price. Upon all these
points the great mass of our people are of one mind and
thus far, at least, the convention will have a plain duty to
discharge. We have said that we anticipate difference of opinion on
the subject of the judiciary. The system, we suppose, will
not and need not be greatly altered from that which is at
present in use in our territory. But as to the mode of se
lecting the judges : Shall they be appointed by the governor,

200 WISCONSIN HISTORICAL COLLECTIONS
chosen by the legislature, or selected by the people? Which
of these three modes will the convention adopt? It is very
easy to see which of the three is the worst, viz : the appoint
ment by the legislature; for that opens the door and holds
out the temptation to all sorts of logrolling, caucusing, and
corruption. Let us, at least, have no judges chosen by the
legislature. But it is not, perhaps, so easy to say which is
the best. In theory, no doubt, the selection of judges by
an upright and intelligent executive, with the advice and con
sent of an honest senate, offers advantages which no other
mode of appointment holds out. Could we reasonably prom
ise ourselves that the future governors of Wisconsin, of
whatever political party, would always, in the selection of
judges, give the preference to private worth, conceded tal
ent, and extensive acquirements, we should not hesitate to
declare ourselves in favor of conferring the appointing
power upon the governor and senate. But what has been
in the other states, will be in Wisconsin. We have no right
to assume that our governors will be any better men than
those of Pennsylvania or New York. The influences which
have always controlled executive appointments at the East
will be equally potential at the West. If, then, we are to
have judges appointed by the governor, we may rest assured
that, as a general rule, they will be such as party conven
tions may recommend, or party leaders agree upon, or party
interests and advantage seem to require. Heaven preserve
Wisconsin from a judiciary so chosen !
There is another consideration which naturally presents
itself in this connection. Suppose that the selection of
judges should be left to the executive — how much power and
patronage this arrangement would confer upon the first
governor of the new state ! If a weak man, he would be apt
to appoint incompetent judges; if wicked, he might inflict
upon us corrupt judges ; if a designing man, he would doubt
less select such as would be most devoted to his personal
interests and advancement; even if a good man, he could

POPULAR PROCEEDINGS AND DEBATE 201
scarcely fail, in choosing so many, to make one or more bad
appointments. Shall we put it in the power of any one man
to mould the judiciary of Wisconsin according to his own
pleasure and purposes, for years to come?
The alternative, of course, is an election by the people
and there is much, we know, in this naked proposition to
startle and alarm those who have not maturely considered
it. But the principle is one which, in respect to justices of
the peace, the first round of the ladder, is familiar to us all
and has been in successful operation for thirty years past.
Nay, in New York, the members of the Court of Errors, the
highest judicial tribunal in the state, as well as the justices
of the peace, who compose the lowest, have been elected by
the people ever since 1821. Why not extend to the inter
mediate grades the same principle of selection which has
been successfully applied to the highest and the lowest? But
it is said and by many believed that in an elective judiciary
those who attain the ermine will bend their decisions to pop
ular clamor, local and temporary prejudices, or considera
tions of personal interest and aggrandizement. How shall
these dangers be guarded against? Can we fence round hu
man frailty so as to protect it effectually against the prompt
ings of ambition, the thirst for gain, the lust of power, the
dread of undeserved censure, or the desire of unmerited ap
plause? We may not, perhaps, render our judges proof
against temptation, but we can accomplish something to
wards it by the adoption of a few salutary provisions. Let
the term of office for instance of our judges be eight or ten
years, and a fixed and liberal compensation be assigned for
their services. Let them be declared ineligible to and in
capable of holding any other office during the term for which
they shall have been elected. And let them be chosen on a
day specially set apart for that purpose and so distant from
the usual periods of holding elections as to diminish if not
destroy the probability that the result will be influenced by
merely political or party considerations. With such guards

202 WISCONSIN HISTORICAL COLLECTIONS
we freely confess that we should look with more of hope and
confidence than of doubt and apprehension to the working
of an elective judiciary. But the length to which these re
marks have extended admonish us to pause for the present.

THE RECENT ELECTION
[September 28, 1846]
Two paragraphs in a late number of the Madison Demo
crat reveal a part of the machinery by the successful use of
which our opponents were enabled to secure so large a ma
jority of the delegates to the constitutional convention. They
are as follows:
Notwithstanding the extraordinary inducements that were held out to
our Norwegian friends to support the Whig delegates for the constitu
tional convention, yet they, with a sincere devotion to Democratic principles,
gave our ticket an almost unanimous support. In the "banner precinct"
of Cottage Grove in this town, they alone deposited over 100 straight
Democratic ballots; while but one solitary one of their countrymen voted
for the Whig ticket, and even he promised to "sin no more.''
In the precinct of Eeeveville, in Iowa County, there were sixteen
straight votes polled for the Democratic delegation and not one for the
Whig ticket. This precinct is a branch of the English settlement in
this county, and we hope hereafter to see the returns from Gorstville
showing the same unanimity on the part of the Democrats in that region.
What the Democrat here claims to have been the secret of
the party success in Iowa and Dane counties was, with very
rare exceptions, equally the case throughout the territory.
In almost every county the whole aim and effort of the Loco
foco leaders and presses was to induce the immigrants to
band together as Germans, Irishmen, or Englishmen and
vote in mass for what they were told was the Democratic
ticket. Of course, in order to effect such a result it became
necessary for the leaders to misrepresent the principles and
malign the motives of the Whig party; but as this necessity

POPULAR PROCEEDINGS AND DEBATE 203
involved no unusual or unaccustomed breach of truth, it
neither troubled the consciences nor taxed the invention of
those with whom deception has become habitual and whose
creed teaches that "all's fair in politics." Thus the newly-
arrived immigrants were assured that the Whig party were
opposed to their acquiring any of the rights or privileges
of citizenship ; that they were in favor of building up a privi
leged aristocracy; that their policy favored the rich at the
expense of the poor; and that the party which, lacking the
substance, is prodigal of the show of "democracy" was the
only one in whose keeping their interests would be safe, or
at whose hands they could ever expect any favors.
These and similar appeals were industriously addressed to
the thousands of English, Irish, and German immigrants
who have settled in Wisconsin within the* last two years ;
and it can excite no surprise that they were so far success
ful as to induce these classes of our population to vote for
those whom they were taught to regard as their only reli
able friends. It would, indeed, have been a matter of as
tonishment if, with such lights as were before them, they had
acted any differently. But now that the election is over, it
may well become those whose suffrages have determined the
result to reflect seriously and dispassionately upon the con
sequences of their peculiar action ; nor will it be out of place
for us to consider whether this political division of our citi
zens is likely to be a permanent one and what, if so, will be
its effect upon our social, political, and business relations.
It can hardly be necessary for us to say to the readers of
the Sentinel and Gazette that we have no sympathy with the
Native American party. From the day it first drew breath
in Tammany Hall, New York, to the hour of its temporary
triumph in the Democratic districts of Philadelphia, we have
regarded its spirit as evil ; its motives, illiberal ; its tendency,
injurious; and its object, anti-republican, ungenerous, and
unjust. Satisfied that the end would be to array the native
against the adopted citizens, and to infuse into our political
contests, already sufficiently earnest and heated, the bitter-

204 WISCONSIN HISTORICAL COLLECTIONS
ness of sectarian strife and the violence of national preju
dices, we regretted its rise, mourned over its progress, and
rejoiced at its fall. But if we have contended against those
who strove to band together the native against the adopted
citizens, equally must we condemn those who seek to array
the adopted against the native. If we have depreciated the
formation of an American party to war upon tne foreign-
born portion of our population, we must denounce every at
tempt to organize and embody the latter class to act, in mass,
against the former.
We can conceive, indeed, of no more unfortunate state of
things in our territory than the introduction of such a spirit
of clanship among either our native, or our adopted citizens.
It would be drawing a line between these two classes of our
population which no true patriot could wish to see estab
lished. It would engender bitter feelings and lasting feuds
in our midst; transmit the prejudices of one generation to
the next, and postpone, if not wholly prevent, the fusion of
all the different compounds which go to make up the popula
tion of our territory into one homogeneous whole. Are
these desirable results? Can any man who has really at
heart the prosperity and welfare of Wisconsin wish to see
such distinctions perpetuated among us? Are there any of
our citizens, except the sordid place-hunters or selfish dema
gogues, who can lend their countenance or approval to politi
cal appliances fraught with so much mischief to the best in
terests of our future state ? We appeal to our adopted citi
zens, themselves, to say whether those who would have them
associate and act together at the polls as foreigners and not
as Americans are what they so loudly profess to be, their
true friends? Are these disinterested, reliable, patriotic
advisers, who counsel them to keep up, in the country of
their adoption, a political fellowship founded upon the place
of their birth? Is it not clearly their interest, and as clearly
their duty, to distrust these insidious counsels, to disregard
these unworthy and selfish appeals and to divide, on all the
political questions of the day, as native-born citizens do,

POPULAR PROCEEDINGS AND DEBATE 205
without regard to sect or birthpla.ce, and according to the
dictates of reason and the promptings of patriotism? Such,
at least, do we conceive to be their duty, and it is upon these
principles and in this spirit that we exhort them, henceforth,
to guide their political action, however loudly professing
friends and practised electioneerers may appeal to them, as
Germans or as Irishmen, to stand by the "Democratic"
party and support the "regular ticket."

CAPITAL AND CURRENCY
[October 7, 1846]
In some remarks, a few days since, upon the probable
course of our convention, we expressed the belief that upon
two subjects only, the judiciary and the currency, would
there be any great disparity of views among the members.
We have already adverted to some of the differences of
opinion which are likely to prevail in regard to the former
question, and it remains to speak of those which are to be
looked for relative to the latter. And by way of preface it
may not be inappropriate to glance at some peculiar fea
tures in our condition as a people. We are in want of cap
ital for our ordinary business purposes and labor under the
disadvantages incident to a new country for the lack of the
means to develop its resources. Of the thousands and tens
of thousands who are flocking to our territory, few possess
more than barely enough to provide themselves with a home
stead, or to start in the business in which they propose to
embark. The introduction of capital into a new country
is proverbially a slow process, partly because of the in
stability and uncertainty of our laws, and partly because
much less regard is usually paid to the obligation of con
tracts than in older communities. If to these ordinary ob
stacles be superadded those arising from restrictive and ill-
considered legislation, a long time must elapse before suffi-

206 WISCONSIN HISTORICAL COLLECTIONS
cient capital will accumulate to impart a healthful activity
to the business operations of the country.
Wisconsin, thus far, has suffered materially for the want
of sufficient business capital. For several years we have
been without any bank of discount and destitute of any local
currency, except what has been furnished by the insurance
company located in this city. Having no bank paper of our
own, we have been dependent upon a foreign currency and
while we have often suffered from its depreciation, we have
been compelled to pay to eastern bankers a heavy rate of
interest, which, under a different system, might have been
retained at home. Our merchants, wheat buyers, forward
ers, and all, in fact, who have had occasion to borrow money
have been compelled to pay a high rate of interest because
we have not possessed those moneyed institutions which
would have introduced capital and by competition reduced
the rate of interest.
We are aware of the strong prejudices existing in many
quarters against banks, and as these institutions have here
tofore been conducted in some of the states these prejudices
are not without good foundations. But because one bank
ing system has been found defective or vicious, does it fol
low that all others are necessarily and equally bad? Be
cause the notes of some moneyed institutions, through
fraud, mismanagement, or defective organization have
proved worthless, must an indiscriminate warfare be waged
against all bank paper? Is it not possible to devise a sys
tem which shall be free from the well-founded objection of
conferring upon any man or any set of men, peculiar and
exclusive privileges and which shall furnish the circulating
medium necessary to carry on the business of the country?
We must remember that the question is not now bank, or
no bank, but whether Wisconsin shall have moneyed insti
tutions of her own, subject to her own supervision and con
trol, and in which her own citizens can take an interest, or
whether we are to remain, as heretofore, dependent upon
banks scattered all over our country from Lake Michigan

POPULAR PROCEEDINGS AND DEBATE 207
to the Atlantic sea-board, of whose solvency we can know
comparatively but little and in whose management we can
take no part. We cannot destroy bank paper. We cannot
even drive it from our borders. In spite of the most strin
gent laws that we can adopt, the bills of Michigan, Ohio, In
diana, Canada, and the eastern states generally will continue
to circulate in our territory. The question then resolves
itself simply into this : Shall we have our own bank paper,,
convertible always into specie at our own doors, or shall we
be compelled to take up with that over which we can exer
cise no control, and around which we can throw no safe
guards ?
Bank paper, or, in other words, credit is so closely inter
woven with our commercial, agricultural, manufacturing,
and mechanical pursuits that you cannot dispense with it,
without severely crippling each and all of these great in
terests. The experience of others on this point is full of
value and instruction to us. In every one of the older states
there exists a banking system. In New York and Massa
chusetts, perhaps the two most prosperous states in the
Union, there are numerous banks, furnishing a local cur
rency of known value, redeemable in specie on demand and
of immeasurable service in simplifying and expediting the
everyday transactions of an active, enterprising, busy peo
ple. Fancy all these banks suddenly or even gradually
blotted out of existence, and a positive prohibition made
against the circulation of any more bank paper. Who can
calculate the confusion, distress, depreciation, and ultimate
ruin which would follow in the wake of so fatal a change?
In each, if not all, of the older states the banking system has
undergone great and various modifications. In each of
them the people have suffered more or less severely from re
vulsions, suspensions, and occasional failures. But the ex
perience thus dearly bought has prompted them not to de
stroy, but to amend. If abuses have been detected, uses
have been discovered. If one system has been found, on
trial, to work badly, another, by the same test, has been

208 WISCONSIN HISTORICAL COLLECTIONS
found to work well. It may be regarded indeed as a most
striking proof of the conceded value and indispensable neces
sity of a well-regulated banking system that in every one
of the older states such a system is in successful operation,
regulated and controlled by laws adopted by the several lo
cal legislatures, approved by the people and confirmed by
time. And whether it be in Maine, New Hampshire, or Vir
ginia, where the Democratic party has almost invariably
borne sway ; or in Massachusetts, Vermont, and Connecticut,
where the Whigs have usually been in the ascendant ; or in
New York, New Jersey, and Pennsylvania where each party
has alternately succeeded to power; in not one of these
states do we find either political party, or any portion of
either party, contending for bank destruction or calling for
the extinction of all bank paper. Must not the united ex
perience and unanimous verdict of all the older states on
this point be deemed and taken as entirely conclusive ?
What then, will our convention do? Will they heed the
testimony and profit by the experience of the older states,
or will they carve out a new and untried path for them
selves? Will they discard all moneyed institutions, thus
bringing us down to a hard-money currency, or making us
dependent upon foreign banks, which are strangers to us
and to our interests ; or will they vest in the legislature
power to establish such a system as our growing wants, en
larging trade, augmenting population, increasing produc
tiveness, and yet undeveloped resources imperiously require?
Will they, by stringent and unwise restrictions, deter mon
eyed men from investing any portion of their surplus means
in this territory; or will they, by wise, well-considered and
salutary provisions, encourage the introduction of capital,
invite the aid of credit, foster the spirit of enterprise, and
secure the wages of labor? Will they, in a word, listen only
to the supposed requirements of party, or will they consult
the wishes and act for the interests of the whole people ? It
is a high and honorable trust which has been confided to
their hands ; let it be worthily, honestly, and conscientiously
discharged.

POPULAR PROCEEDINGS AND DEBATE 209
THE BANKING SYSTEM IN NEW YORK
[ October 9, 1846 ]
The New York constitutional convention, in the progress
of their labors, have at length got through with the provi
sions which related to the business of banking. The article
as adopted by the convention is in the following form:
1. The legislature shall have no power to pass an act granting special
charters for banking purposes, but associations may be formed for such
purposes under general laws.
2. The legislature shall have no power to authorize, nor to pass any
law sanctioning in any manner, direct or indirect, the suspension of specie
payments, by any person, association or incorporation issuing bank notes
of any description.
3. The legislature shall provide by law for the registry of all bills or
notes issued or put in circulation as money, and shall require ample se
curity for the redemption of the same in specie.
4. The stockholders in every corporation and joint stock association
for banking purposes, issuing bank notes, or any kind of paper credits,
to circulate as money after the first day of January, 1850, shall be in
dividually responsible to the amount of their respective shares of stock in
any such corporation or association for all its debts and liabilities of every
kind, contracted after the said first day of January, 1850.
5. In case of the insolvency of any bank or banking association the bill
holders thereof shall be entitled to preference in payment over all other
creditors of such bank or association.
6. The legislature shall limit the aggregate amount of bank notes to be
issued by all the banks and joint stock associations in this state, now exist
ing or which may be hereafter established.
Such is the banking system recommended by the New York
Reform Convention. It was adopted by very decisive ma
jorities and embodies the views of four-fifths of the dele
gates. A motion to amend the first section so as to declare
that "the poAver of issuing paper money shall not be granted
by this state" was voted down by seventy-eight nays to
eleven ayes — nearly seven to one. The delegate who offered
it is one of the very few persons in New York who contend
14

210 WISCONSIN HISTORICAL COLLECTIONS
for the extinction of all bank paper; but in a convention
composed of 128 members, a majority of whom profess to
be, and were, elected as ' ' Radical Democrats, ' ' he could ob
tain only eleven votes for this "anti-bank" proposition.
The provisions we have quoted seem to us wise, equal,
and impartial. The business of banking is thrown open, as
it should be, to all who choose to embark in it, the state
taking care, however, that no individuals or associations
shall issue notes as currency unless ample security for their
redemption in specie shall have been previously deposited
with the proper authorities. Thus protection is ensured to
the bill holders and if through any mischance or mismanage
ment any of these banking institutions should fail, the bill
holders are made preferred creditors. Why cannot this or
some similar system be adopted for Wisconsin? Why
should not our convention follow, in this particular, in the
footsteps of their New York predecessors ? Are not the au
thority and experience of New York of some weight and
value in the premises ? Can we reasonably expect that there
will be more talent, more experience, or more "democracy"
in the convention now assembled at Madison, than in that
which has just closed its session at Albany? And if not,
why should Wisconsin hesitate to receive the testimony and
profit by the experience of New York?

POPULAR PROCEEDINGS AND DEBATE 211

SELECTIONS FROM THE MILWAUKEE COURIER
STATE GOVERNMENT
[ November 12, 1845 ]
We believe that the people of the territory are in favor
of organizing a state government as soon as it can be legally
and conveniently done. We believe that the legislature at
the approaching session may provide for the holding [of]
a convention to form a constitution, apportion the delegates
to the same (on the present basis of representation in the
legislature), and designate the day of election as well as
for holding the convention. We believe that all this may be
done and a constitution framed in season to be presented to
Congress at its next session, and Wisconsin [may] become
a sovereign and independent state of the Union before the
fourth of July, 1846.
This is the will of the people, and the representatives know
it as well now as they would if the people had voted upon
the question, when such vote, at any rate, would be informal,
and could have no more force than public opinion expressed
in any other way. This public opinion is already expressed.
The time is propitious, and the expediency of the measure
undeniable.

ELIGIBILITY OF MINISTERS TO OFFICE
[November 19, 1845]
One of the features of the Texas constitution, we hope, will not be
imitated by Wisconsin. No minister of the gospel or priest is eligible to
the legislature there. We believe that ministers and priests are quite as good
as other men, and quite as safe depositories of public trusts; therefore we
would have them eligible to the legislature. Indeed, as they have pre-

212 WISCONSIN HISTORICAL COLLECTIONS
cisely the same interest in the country, in every respect as other humans,
we would have them vote, fight, pay tax, run for Congress, and in all
things, so far as the law is concerned, occupy precisely the same ground
as other people. We want no church and state legislation.
The above article, from the Southport Telegraph, was
copied into the last Wisconsin Argus without any disapprov
ing comment, and in the absence of any note of disapproval
we perhaps are justified in presuming that the sentiments
of the Telegraph are endorsed by the "metropolitan" paper.
Whatever the views of the Telegraph may be in this par
ticular (though sanctioned by the Argus) yet we feel con
fident that it does not properly reflect the wishes of the ma
jority of the people of the territory upon this subject. This
question has been considered upon to a very great extent;
and we know of no one topic viewed in connection with our
state constitution that has been in conversation so uni
versally approved of by all parties as this feature in the
Texas constitution that the Telegraph condemns. We know
that a very respectable portion of our people will make a
clear exposition upon this point a sine qua non in deposit
ing their votes for delegates to frame the constitution. Such
a provision as the Telegraph objects to has long been en
grafted upon the New York constitution, and the restric
tion, we are satisfied, has been attended with the best re
sults. The messengers from God to man have, or ought to have,
a holier ambition in carrying out the precepts of their divine
master than in entering the wrangling field of political de
bate. The mild influences of the one are lost in the angry
turmoil of the other. We are willing they may "vote, pay
tax, and run," not for Congress, however, but "in the race
that is set before them," satisfied that in confining them
selves to their proper Christian duties they will reflect a
higher and nobler honor on the cause they have espoused
than if they are found as political disputants and candidates
of a party, which to some extent at least must inevitably
weaken their power upon more serious subjects over the

POPULAR PROCEEDINGS AND DEBATE 213
minds of those who are politically opposed to them. A true
minister of the gospel, one who faithfully practices the sol
emn injunctions of his God and whose aim is to add luster
to His name, should keep his skirts clear of everything which
might, even indirectly, impede his Christian course or lessen
that influence which his sacred calling gives him; all of
which, if we properly understand what appertains to his pro
fession, should be exclusively exercised for the spiritual im
provement and benefit of his fellow man.
We cheerfully subscribe to the last suggestion of the Tele
graph, that "we want no church and state legislation," and
hope to see no union of the kind ; and if the ministers of the
"church" will confine themselves within their proper sphere,
we think we can assure the Telegraph that the "state" need
apprehend no danger from that quarter.

ELIGIBILITY OF MINISTERS OF THE GOSPEL TO THE
LEGISLATURE
[November 26, 1845]
Our neighbor of the Gazette is "both surprised and sorry"
at the position which the Courier assumes upon this ques
tion. It need not surprise or grieve our neighbor to find us
differing upon many matters of political concernment. If
a difference of opinion is to have this effect upon them, we
fear they will have occasion to be sorry very often. We took
the bold stand for the exclusion of ministers of the gospel
from seats in the legislature after due consideration and a
somewhat extensive observation of cause and effect in poli
tical matters. We have witnessed the baneful effect upon
society of mixing politics and religion, and we wish as far
as possible to remove the inducements to do this. We
acknowledge the truism of the Gazette that "Ministers are
men like ourselves, possessing the same passions, and liable
to the same temptations," and hence the danger of holding
out before them the prizes of the political race, to incite a

214 WISCONSIN HISTORICAL COLLECTIONS
worldly ambition, and to tempt them to abuse the holy con
fidence of their flocks, which their ministerial calling has
given them. Who so blind as not to foresee the result upon
society should an ambitious man assume the robes of a priest
in a popular church to work out political distinction? His
office of gospel teacher admits him into the most confidential
domestic relations of life, and his influence over the minds
of his flock, through the various members of their families,
is of the most binding nature. If to this is added the
strength of political party organization, he holds an undue
and unjust influence as an individual. Supposing him then
to become a Whig or Democratic candidate for representa
tive in the legislature or the councils of the nation, the issue
would be made a religious and not a political one. If he was
a Catholic priest, the religious force of the other churches
would be used against him ; and if a Presbyterian or a Bap
tist political priest, he might reasonably calculate to have
the opposition of the Catholics, whose church has been de
nounced by the candidate from his pulpit, as one that should
be opposed politically. Thus the politic-religious issue
would be joined, and who has not seen enough of such con
troversy to know that the most malignant passions of the
human heart would be loosed? And after a contest of this
nature, waged by crimination and recrimination, one party
or the other being victorious, who would answer for their
conduct or moderation? The recently enacted scenes in
New York and Philadelphia are instructive upon this point.
The admissions of our neighbor are such as no man can
deny, and are the very foundation of our position. But we
beg leave to differ with them when they call our position
an illiberal one. We believe it to be the only one that will
preserve our elections from the illiberality of sectarian
strife, and keep our state affairs free from the dictation of
church.

POPULAR PROCEEDINGS AND DEBATE 215
THE PLEA OF "HIBERNICUS"
[March 25, 1846]
Franklin, W. T., March, 1846
* # #
There is another question in conjunction with the division
of the county to be decided at the coming election, viz:
Whether we shall remain as we are, a territory, or vote to
become a state. That question has been discussed in the
last legislature, and I have but few remarks to make on that
subject, and only such as have not been put forth to my
knowledge by those who have spoken before me upon the
subject. It is generally understood, I presume, that Con
gress has stopped our rations, thereby giving us a gentle
but sharp hint that we must for the future work for and
board ourselves. We are now come of age and Ave ought,
by all means, to set about developing the resources of our
future state ; that we never can do till such a time as we be
come a state. Not many years ago a portion of our terri
tory in the mineral region west or northwest of Lake Su
perior was ceded to John Bull in consideration of a patch of
Avoodland on the Aroostook. That transfer never could have
taken place if we had been a state. Second, we are losing
severely by reason of having no internal improvements in
our territory of any consequence. If we were once in pos
session of a great central railroad leading from our lead
mines to the principal towns upon our lake shore, particu
larly to the city of Milwaukee, our city in a short time, com
paratively, would become like New York and Boston. White
lead factories would in a short time be established in our
city, and it Avould be the means of bringing * * * an im
mense capital into our town which would make hard money
plenty throughout the country; besides, a vast amount of
merchandise would be transported to the interior of the
state, and they, on the other hand, could send in their surplus

216 WISCONSIN HISTORICAL COLLECTIONS
produce to Milwaukee, where there is the best market town
in the territory.
The greater part of our lead at present, I believe, is
shipped by the way of New Orleans. Our men of capital and
enterprise are far behind the spirit of the age in forward
ing their own interest and that of their country. We must
for the future awake from our lethargy and put our shoul
ders to the wheel, and all those who are legally entitled to a
vote will first of all vote to become a state, and those who
are concerned in the division of the county will consult their
best interests by casting their votes against that fatal mea
sure. I do assure you, fellow citizens, that this address has
been written by no unfriendly hand ; I will only remark that
your humble servant has always been and ever shall be a
staunch friend of the settlers on the canal lands, vowing
never to cast a vote for any man who is not in favor of their
getting their lands at one dollar and a quarter per acre, the
minimum price of government land. I do think that to
charge them any more is contrary to every principle of law
and justice.
There are two or three great advantages that we will gain
by becoming a state and getting public works in a state of
progression. First, the great number of men working on
the public works would settle the interior of the country on
the route, and we would have the representatives in Con
gress, and our portion of the senators ; these Avould be an off
set against the "Native American party members from Mas
sachusetts and Philadelphia." Besides, it is much better
for us to come into the Union now when the Democrats are
in power, because we will be more sure of a liberal constitu
tion, and we can without any difficulty, please God, elect our
venerable Governor Henry Dodge to the same office that he
now holds. In conclusion, I deem it highly important to
call upon all foreigners, more particularly, my countrymen,
the sons of "Erin's Green Isle," to lose not one minute, but
go and declare their intentions to become citizens of these
United States, and then, according to law, they will be en-

POPULAR PROCEEDINGS AND DEBATE 217
titled to a vote at the coming struggle at the next town meet
ing, and for delegates to form a state constitution. I re
main, fellow citizens, your ever faithful servant. HlBERNICUS.
OUR STATE CONSTITUTION
[May 20, 1846]
Several of the newspapers of the territory have ap
proached the subject of the formation of a state constitution,
and [have] given their views in relation to certain features
which they wish to see incorporated in the constitution. We
are glad to see this early awakening upon a subject of such
vital importance. Experience has proved that the fears
which operated upon our ancestors in framing the early
state constitutions, of giving too much power to the people,
were groundless, and that the appointing power has proved
to be the most corrupt source of power in the general or
state governments.
Much has been said of the danger of an elective judiciary ;
but is there any enlightened politician in the state of New
York who, after tAventy-four years' experience, can be found
to advocate the abandonment of the present system of elect
ing justices of the peace, and a return to the system of ap
pointments? Yet even Martin Van Buren, who strenuously
opposed the proposition of electing justices o'f the peace in
every town by the people, on the ground that they would be
too much under the influence of local and party feelings,
said that it was perfectly obvious that every consideration
that would be urged in favor of electing justices of the peace
would apply in favor of having the judges of the higher
tribunals also elective ; and that even fewer objections exist
to having those courts selected in this way; and also that
there was an inconsistency in having the judicial officers ap
pointed and the justices of the peace elected.

218 WISCONSIN HISTORICAL COLLECTIONS
What we most religiously believe, is that legislative ap
pointments are the most corrupt, because there is no way in
which legislators can be made personally responsible for a
bad appointment. Every man who has taken the pains to
observe for himself has seen that logrolling secures appoint
ments without regard to the qualification of the candidate.

VIEWS OF "ORMOND"
[August 19, 1846]
The time is approaching when the representatives of the
people of the territory will, pursuant to law, assemble to
frame a constitution under which the star of Wisconsin is
to arise and take its place in the national constellation.
That our state constitution will be republican, is certain.
That it will be democratic is, I conceive, also certain. It
must be republican in order to satisfy the paramount consti
tution of the United States. It must be democratic in order
to satisfy the people of Wisconsin.
As it is hoped the spirit of liberty will animate our dele
gates, there will doubtless be much discussion upon minor
points and possibly some difference of opinion on matters
vitally important.
There is one head upon which there has been some discus
sion and upon which I hope there will be more, for it is one
of the most important if not the most important which our
delegates will have to consider and pass upon.
I mean the judiciary. It is said by many that our judi
ciary ought to be elective. Many others are for adhering
to the time-honored system of executive appointment, by
and with the advice and consent of the senate or upper
chamber of the legislature. Lights are called for, and dis
cussion is invited. In these enlightened days a name is ab
solutely necessary to give weight to an opinion, and I hope
I will be pardoned for presenting a rather lengthy extract

POPULAR PROCEEDINGS AND DEBATE 219
from the learned author of the Commentaries on American
law — the Blackstone of the United States.
Many may dissent from the views of Chancellor Kent, but
all must respect his opinion. He says (Commentaries, I,
291)8 * * *
So much for the authorities and precedents cited, and for
the views of Chancellor Kent on the subject of the judiciary.
The advocates for elective judges may quote the constitu
tions of Mississippi, Vermont, Rhode Island, and two or three
other states, but they will hardly desire to weigh them in
the balance against the great majority of the most import
ant states in the Union and the Constitution of the United
States with them.
It is true it is possible we might have good judges by
electing them for a term of years. The people may have
discrimination enough to choose their judges, and virtue and
magnanimity enough to support them in the administration
of the laws upon all occasions and in all emergencies — but
it is asking too much, and risking too much. It is possible
the people may always do their duty, but, as the authority
I have so freely quoted from says, "all plans of government
which suppose the people will always act with wisdom and
integrity, are plainly Utopian, and contrary to uniform ex
perience. Government must be framed for man as he is,
and not for man as he would be if he were free from vice. "
There may be many men in Wisconsin who as judges (un
der any circumstances) would act honestly and uprightly.
But, I will repeat, it is asking too much and risking too
much. We have nothing superior to men in Wisconsin, of
which to make judges (except the ladies; but although they
are all judges by immemorial prescription, with jurisdiction
universal and supreme, yet they will only preside — whenever
they please) — and therefore we cannot expect superhuman
virtue and consistency.

8 Here follows a long citation from Kent's Commentaries, which we omit
to print.

220 WISCONSIN HISTORICAL COLLECTIONS
Suppose a judge is elected for a term of say six, eight, or
ten years. As soon as he begins to feel easy on the bench,
he begins to think of a reelection ; and it is perfectly natural
that he should. Having left, perhaps, a lucrative business
for a seat on the bench, he will be anxious to preserve his
seat, for he will know that his former business has been flow
ing in new channels, and he may conceive that it might be
rather difficult to get it back. As time rolls on, instead of
applying himself to study and increasing his store of legal
knowledge, he must begin to make political capital. He must
read the newspapers, instead of "the authorities." Instead
of getting acquainted with reports and decisions he must get
acquainted with politicians and wirepullers ; and instead of
holding communion with "the illustrious dead" in his li
brary, he must hold communion with his ' ' fellow citizens ' ' in
the streets.
I do not say that the power of appointing by and with the
advice and consent of the upper legislative chamber is not
liable to abuse. The question is not what plan is perfect,
for perfection in unattainable, but what plan is the best and
most conducive to the public good and to the interest and
honor of the state. And experience and reason seem to
concur in forcing the conviction that a judiciary appointed
by the executive with the advice and consent of the upper
branch of the legislature, each judge holding office during
good behavior, or until he should have attained the age of
sixty-five or seventy years, and having secured to him, by
law, a liberal, stated, yearly compensation, which should not
be reduced during his continuance in office, is the best that
is known, and the safest a people can have. Ormond.

POPULAR PROCEEDINGS AND DEBATE 221
VIEWS OF DANIEL FITZSIMMONS
[August 19, 1846]
To John A. Brown Esq., Editor of the Milwaukee Courier:
Dear Sir : You will very much oblige me and a very large
portion of the Democracy of this city and county by publish
ing the following statement of our sentiments and wishes in
relation to our state constitution.
To the Democracy of the territory of Wisconsin — I par
ticularly address myself to that large and respectable por
tion of them who are anxious to extend the right of suf
frage to the adopted citizen in the shortest period that has
been allowed by the most liberal states in the Union,
Illinois, for example. Fellow citizens, a crisis has arrived
in the history of our territory, when it behooves every
honest, liberal, and patriotic man to do his duty fearlessly,
candidly, and perseveringly. If you carelessly permit the
present opportunity to go by without a struggle to estab
lish your rights, all our future exertions will be in vain
after the constitution is formed and our hands tied up and
our voices stifled by those who are hostile to our most vital
interests. Therefore, if it is your wish to have a free and liberal
constitution established in Wisconsin, I earnestly request of
you to attend to what I have to say, as it seems to me that
the following remarks are of the utmost consequence to your
selves and your posterity.
First, let no voter cast his vote for any candidate without
knowing what his principles are with respect to the right of
suffrage. Let the questions be definite not vague. If he is
in favor of the alien becoming a citizen in twelve months
after taking the oath of allegiance, and is an honest man,
capable, and otherwise a sound Democrat, use your best en
deavors by all honorable means to procure his election.

222 WISCONSIN HISTORICAL COLLECTIONS
This principle of aliens becoming citizens in one year after
taking the oath of allegiance (I mean white men who are of
age, and who contribute to the support of the state by pay
ing taxes or otherwise) has been advocated by the liberal
and enlightened ex-Governor Seward of New York, and by
our no less illustrious, patriotic, and liberal governor of Wis
consin, Gen. Henry Dodge. No honester or truer patriots
than these gentlemen that I have just mentioned ever, in my
opinion, held office in these United States. Our present Gov
ernor in 1843 expressed himself as folloAvs, in reply to in
quiries whether he would be in favor of foreigners, without
taking the oath of allegiance, voting for delegates to frame a
state constitution. He answered in the affirmative, and fur
ther added that, "Taxation and representation should go
hand in hand." Such was the opinion of our venerable
Governor in '43; and no one doubts but that such are his
opinions now, for he never was knoAvn to change his demo
cratic creed from the day that he was first appomted by
Andrew Jackson, the hero of New Orleans, up to the present
day, in office or out of office.
Now let us hear what the patriotic ex-Governor Seward
says upon the subject of the naturalization law. In address
ing himself to the Irish repealers, he said that the Native
American party principle of requiring foreigners to be twen
ty-one years in this country after taking the oath of allegi
ance was monstrous in the extreme, and at variance with our
constitution, and to our free institutions, and belieing our
Declaration of Independence. He further stated his wish to
make an amendment to the Native American party prin
ciples by taking away the figure 2 and leaving 1. Having
given the opinion of these two great statesmen I shall pro
ceed to state some of the other articles we wish to have put
in the constitution. It is our wish that upon the adoption of
the state constitution every white male inhabitant who is of
age, and not otherwise incapacitated, shall, by contributing
towards the maintenance of the state and taking the oath of
allegiance, be entitled to all the privileges of citizenship.

POPULAR PROCEEDINGS AND DEBATE 223
No property qualification to be required of voters, nor any
property qualification to be required of office holders other
than giving sufficient security for the faithful performance
of their duty.
Third, adopted as well as native citizens to be eligible to
any office in the state, governor not excepted.
Fourth, the article upon state debts in the Iowa consti
tution would in my opinion suit us very well, viz: "no state
debts over a certain amount to be created by the legislature,
or other liabilities exceeding the sum of one hundred thou
sand dollars, except in case of war, to repel invasion, or sup
press insurrection, unless it be by a vote of the majority of
the people."
Fifth, the article also in the Iowa constitution on incor
porations we might adopt Avith perfect safety; it prohibits
particularly the creation or renewal of bank charters, the
making, issuing, or putting in circulation any bill, check,
ticket, certificate, promissory note or other paper, or the pa
per of any bank to circulate as money. The general assem
bly of this state shall prohibit by law any person or persons,
association, company, or corporation from exercising the
privileges of banking, or creating paper to circulate as
money. Sixth, there shall be civil and religious liberty to persons
of every denomination, without prohibition or inequality.
Seventh, there shall be vote by ballot.
Eighth, the principal officers in the state to be elected by
the people, the officers of the judiciary [and] circuit judges,
included ; and all above that grade, might, in my opinion, be
left to the wisdom of the legislature to be elected. A rea
sonable salary to be given them, not too extravagant nor yet
too niggardly ; sufficient to live comfortably.
Ninth, the school lands when brought into market to be
sold outright and deeds given in fee simple, not leased, and
part of the purchase money to remain on bond and mortgage
at a reasonable interest.

224 WISCONSIN HISTORICAL COLLECTIONS
Tenth, the lands that are to be granted to us by Congress
when we become a state to be solely appropriated for edu
cational purposes, for the erection and endowment of col
leges, academies, and the support of common schools; all,
without any distinction, to participate in the fund thus
raised. Eleventh, there shall be provision made for the unfortu
nate debtor, and a comfortable homestead alloAved him that
will be exempt from seizure by his creditors.
Twelfth, the duties arising from goods that are sold at
auction shall be appropriated for the use of such city, village,
or township that such goods may be sold in.
There are many other essential articles that ought to be
inserted here, but my space will not permit me to go further.
The four great cardinal points that we must adhere to, are,
first, civil and religious liberty ; second, the shortening of
the time of aliens becoming citizens ; third, no special taxa
tion Avithout a vote directly from the people ; fourth, as few
appointments as possible, the great body of office holders
to be elected by the people. The secretary of state, auditor,
and treasurer ought to be elected by the people, and to hold
their office two years. These three officers are elected by
the people agreeably to the constitution of the state of Iowa.
I do think that we are entitled to as liberal a constitution as
any state in the Union. We are equally as moral, as in
dustrious, and intelligent as any of our sister states or terri
tories. A controversy was carried on last winter or spring be
tween the Whigs and Democrats, the former charging the
latter with having made odious distinctions between the na
tive and adopted citizen, requiring of the adopted citizen a
property qualification and longer residence than was re
quired of the native citizen. It appeared from the evidence
that was produced by the Democrats that there was no such
odious distinction in the draft as originally drawn by the
Democratic trustees of this town; but it appears that the
odious distinction complained of was made by the Demo
cratic legislature at Madison. If so, it will behoove th*1

POPULAR PROCEEDINGS AND DEBATE 225
Democratic convention to wipe off the foul stigma from their
character by granting a liberal constitution to the people.
This is the only means by which they Avill be able to regain
the former confidence that the adopted citizen has invariably
reposed in them.
Fellow citizens, I have noAv, to the best of my ability, per
formed my task, both as a delegate at the Democratic con
vention held at the courthouse on the eighth instant, and now
upon paper. I have in both places given expression to my
opinion freely and boldly, but not with disrespect to anyone.
It now remains for you to do you duty at the polls on the
day of election in September. Remember before you cast
your votes to make a binding contract with your Democratic
candidates that they will to the utmost of their abilities carry
out the principles of equality as laid doAAm in this address.
If any there be, those who turn recreant to the confidence re
posed in them, upon their return home, let them be met Avith
the hisses and scorn of an injured community, whose inter
ests they have betrayed. Let them remain in obscurity
never to be noticed by the Democracy again. I feel con
fident, fellow citizens, that the delegation we have chosen
will prove as true to their trust as the needle to the pole, and
are every way worthy of your support. Let there be no
division in our ranks when we come to the polls; let us all
have but one grand object in view, to elect the whole ticket,
and to use our best exertions to obtain a liberal and free con
stitution for Wisconsin, that will be the means of bringing
immigrants of character and capital into our young state,
settling on our unoccupied lands, establishing factories upon
our' streams, opening new stores in our townships and vil
lages, and building splendid dwelling and commercial houses
in our seaport towns. In a word, there is nothing wanting
but a good, liberal state constitution to make Wisconsin the
queen and glory of the "far West," and Milwaukee the com
mercial emporium of the Upper Lakes.
I remain, fellow citizens, your ever faithful friend,
Daniel Fitzsimmons.
Milwaukee, August 10, 1846.
15

226 WISCONSIN HISTORICAL COLLECTIONS
AN APPEAL TO ALIENS
[September 2, 1846]
Bark River, Waukesha Co., W. T.
Sir : As a member of the Democratic party I feel in duty
bound to express my feelings on a momentous question that
is agitating the public mind, and which is dear to every lover
of his country, and a question which is of the greatest in
terest to the people of the state of Wisconsin in the forma
tion of our state constitution, viz : the right of suffrage. The
Democratic creed is universal suffrage, equal rights, equal
privileges, and equal protection to all — no distinction as to
nativity or religious principles. On the other hand, the
Whigs are opposed to those principles, particularly to the
right of suffrage, which is the most dear to every lover of his
country. But at the county convention in this county, Wau
kesha, held by the Whigs on the twenty-second inst., I dis
cover they have taken an entire [ly] new tack. Resolutions
were passed all at once in favor of negro suffrage. Noav,
sir, to this I have not the least objection, but it seems strange
to me that such a resolution should have passed unanimously
as is stated by the proceedings of that convention, for to my
certain knowledge there were delegates in that convention
who have always advocated the doctrine of a property qual
ification, allowing no person to vote or to hold office unless
he was a freeholder. And it appears also that those very
men to whom I allude in particular are nominated to the con
stitutional convention. Such is the inconsistency, so glar
ing in its nature, that I can't see for the life of me how such
men can claim the confidence of any man, much more claim
his vote. But, sir, the object is too plain to be misunder
stood by any common sense man : it is to try and catch votes
from the Liberty party, but in this they will find the viper
has gnawed the file. True men of the Liberty party cannot
be duped in that way; they have made a nomination which
they will truly support.

POPULAR PROCEEDINGS AND DEBATE 227
But suppose the Liberty party did not support their own
ticket — they had better support the Democratic party than
the Whig party, because they have the best evidence that the
former is the true friend of universal suffrage without dis
tinction as to color. [In] the legislature last Avinter, when
the bill was on its passage providing for the formation of a
state government, a motion was made to strike out the word
white so as to allow all male persons to vote for delegates, etc.
Ten Democrats voted in the affirmative, and every Whig in
the house voted in the negative. One of the Whigs, when
his name was called, not being satisfied with saying "No!"
exclaimed at the top of his voice, "No! Never!" Four of
the Milwaukee County members voted in the affirmative — one
of whom is now a Democratic nominee in the county of Wau
kesha to the constitutional convention.
Here we have the evidence recorded of the fact that a
large portion of the Democratic party have done what the
Whigs of this county (a few of them) pretend they Avill do
if elected. But my motto is not. to trust them until after elec
tion. Now let us look at the next resolution. After they let
the negroes vote they resolve themselves into their old track
again and confine the right of suffrage to citizens only, thus
depriving about one-half of our enterprising Avhite popula
tion and taxpayers of the right of suffrage a long time. The
English, Scotch, Germans, and Irishmen must stop five years
before they can have a choice in their rulers. Is this re
publicanism? Is this equality? No, sir! It's nothing more
or less than downright old federal whiggery ; and it is an ex
ample that Avill not be set by the framers of the constitution
for the Eldorado of the West if the voters are true to their
interests and elect Democrats to the convention. For ex
ample I will illustrate a case in point which I lay down as a
rule in contrasting the difference between the Whig and
Democratic parties on the question of universal suffrage.
One of the Whig nominees is a resident of this town ; he has
repeatedly and for years past advocated the property qual
ification; he has stated, as can be proved by a number of

228 WISCONSIN HISTORICAL COLLECTIONS
persons, that no person ought to vote or hold an office unless
he was possessed of a freehold estate and also that a for
eigner ought not to vote even then, unless he was a citizen,
and had become enlightened enough to understand the con
stitution and laws of our country, because, says he, he is so
ignorant that he don't know how he does vote. On the other
hand, one of the Democratic nominees is also one of our
townsmen, and has always advocated the right of universal
suffrage. In the legislature last winter he supported uni
versal suffrage without respect to color, birthright, or other
wise. I select those two persons out from the rest for no
other purpose only [than] to contrast plainly the difference
between the tAvo parties; the one follows the creed of his
party by supporting universal suffrage, the other follows the
creed of his party by depriving about one-half of our tax
payers of this sacred right until they have been in the state
five years, and would extend the time to twenty-one years if
they only had the power. The extension of the time has
been advocated by the great soul and body of the Whig
party. It is obvious that, by extending the time to twenty-
one years, the foreigner neA^er could enjoy the right of suf
frage, for the aggregate foreign population have come to
middle age when they arrive in this country; keep them
twenty-one years longer and their time is no more.
One of the main arguments of the Whigs against foreign
ers voting as quick as they get their first paper (which is
the Democratic creed) is this : They say that if you let them
Arote as quick as they get their first paper they never will
complete their naturalization ; hence they are not liable to be
called out in defense of their country in cases of invasion or
insurrection, etc. To some extent this is true and has cre
ated great prejudice against the foreigner ; and it is due the
foreigner as Avell as the country that such a state of things
should not exist. I see it is ad\*ocated by some that our con
stitution should be framed making the foreigner a citizen
in one year. It's true they can be citizens of our state in
one year, but this will not make them citizens of the United

POPULAR PROCEEDINGS AND DEBATE 229
States ; therefore, I would propose to remedy the evil in a
different shape. I propose that the following article be en
grafted in our constitution, viz :
Section 1. All male citizens of the age of twenty-one
years or upwards, who shall have resided in this state six
months, shall be allowed to enjoy the rights of suffrage, and
shall be eligible to any office in said state prescribed by this
constitution or the laws of said state.
Section 2. Any male alien of the age of twenty-one years
or upAvards, who shall have resided in this state six months,
and who shall have declared his intention to become a citizen
of the United States according to the acts of Congress on
the subject of naturalization, shall be allowed to enjoy the
right of suffrage, and shall be eligible to any office in this
state. Provided, That after an alien shall have resided
within the limits of the United States a sufficient length of
time to have become a citizen, and who shall have refused
or neglected to become a citizen of the United States, shall
thereafter be debarred of the right of suffrage, and shall be
ineligible to any office in this state, until he shall have be
come a citizen of the United States according to the acts of
Congress on the subject of naturalization.
I think that such an article and proviso engrafted into our
constitution would be the proper ones to prompt aliens to
become citizens as quick as the acts of Congress would per
mit them. I think [neither] the alien nor the citizen can
object to such a proviso ; the alien could not vote until he had
been here time enough to have become a citizen, which is
now five years. Should Congress shorten the time, well;
should they lengthen the time, it would be all the same. And
if the alien would not become a citizen when he has the privir
lege he could blame no one but himself for losing his right to
vote or hold office. I think such a provision is the most
salutary one that can be engrafted into our constitution.
Democrats of Waukesha County, I have given you the is
sue between the two great parties of the day so far as re-

230 WISCONSIN HISTORICAL COLLECTIONS
gards the right of suffrage ; and you have Democratic nomi
nees before you that you may well feel proud of, county and
legislative inclusive, and, depend upon it, they will prove as
true to their creed as the needle to the pole. Democratic
aliens, on the first Monday of September comes the tug of
war, for [on] the choice of men on that day depends the
welfare of you and your posterity. English, Scotch, and
Irishmen of Lisbon, remember on the one side your enemies
are set in battle array against you some of whom have de
clared that no man ought to vote unless he was a freeholder.
Remember it has been told to your face that you ought to
be deprived of this sacred right. Remember it was told to
your face by Whigs in that stone schoolhouse that a state
government ought not to be formed until the clause in the
law allowing aliens to vote for delegates was repealed. Now
is your time to brand with political infamy all who will al-
Ioav themselves to dabble in such dirty water. Those of you
that have not got your first papers, go to the nearest clerk
of the court and get them, and vote your friends into the
constitutional convention; once you lose this chance and let
whiggery gain the ascendency, all our future exertions will
be in vain, the constitution will be formed, and your liberty
blasted forever. Democrats of Menominee, your enemy is
close to your doors — remember the man that said the d  d
foreigners never ought to have a vote. Remember the Dem
ocratic nominee of your town who has always been as true
as steel. In fact remember all your own nominees and go
the ticket, the whole ticket, and nothing but the ticket. Demo
cratic foreigners, I myself am an adopted citizen, and 1 know
whiggery so well that again I say get your papers and do
your duty, and on the first Monday in September we can put
a veto onto whiggery with a two-thirds vote.
Yours truly, D.

POPULAR PROCEEDINGS AND DEBATE 231
HINTS TO OUR DELEGATES— No. 1
[September 9, 1846]
There is a story of an eastern monarch who was always
ready to hear advice from his subjects upon any matter of
public policy or state government ; but the adviser, previous
to opening his budget, had to agree to one condition, and
the King, previous to being enlightened, was graciously
pleased to agree to another. The volunteer cabinet coun
sellor was placed standing upon an ingot of gold, and if his
advice Avas good (that is agreeable), he was rewarded with
the precious footstool ; if otherwise, he not only obtained no
reward, but had also to undergo some dreadful punishment
for his presumption.
Thanks to the benign spirit of democracy, if their majes
ties, the people, do not always reward with gold their volun
teer advisors, they never punish them — except by neglect.
In talking to, or at, our delegate, I do not think it at all
necessary to "hint" anything whatever with respect to our
being allowed to enjoy civil and religious liberty in the full
est and most comprehensive sense of the terms.
No delegation that could by any possibility be elected in
Wisconsan (Ave spell our own way) would think of depriving
us of any more of our natural liberty than is absolutely nec
essary to bind us to the observance of the social compact.
We no more expect to hear of their abolishing our right
to trial by jury, to the writ of Habeas Corpus, to assemble
peaceably and petition for redress of grievances, to keep
and bear arms, and the other fundamental rights guaran
teed by the Constitution of the United States, than of their
abolishing our right to live and breathe and have our being.
Nor do we expect to hear of the establishment or endowment
of any religion, or of any restriction of the free exercise of
any mode of religious Avorship, any more than we look for the
suppression of moonshine and the establishment of perpet
ual sunlight.

232 WISCONSIN HISTORICAL COLLECTIONS
But if our delegates stand in need of no "hints" about
what they won't do, a few on some of the things they shall
do may not be altogether unseasonable.
We will have a legislature ; and it is also taken for granted
that it will be composed of two distinct and independent
houses or chambers.
Let us call the lower house or chamber, the "chamber of
deputies," and the upper, the "senate," both chambers —
or the legislative department — let us call the ' ' State Assem
bly." How many members shall compose the ' ' chamber of dep
uties?" The act of establishing our territorial government gave
us a lower house, composed of twenty-six members, a num
ber sufficiently large for the then population of the territory.
We are now upwards of 150,000, and although it Avould
not be for our interests to have a very numerous chamber
of deputies, yet to be fairly represented our deputies ought
to number more than twenty-six.
When sufficient knoAvledge of the wants and wishes of the
citizens in every part of the state is concentrated the end
of representation is attained; and aside from the expense,
it would be impolitic to send men to the legislature who
could not impart any additional information of the legiti
mate subjects — the wants and wishes of their constituents.
To allow a deputy to every certain number of inhabitants
would not be well, because the constitution of our state
should be so formed as not to need amending or altering for
ages, and if every certain number of inhabitants be repre
sented by a deputy, and our state continues to increase in
population as it inevitably shall — either the "certain num
ber ' ' must be increased or the number of deputies will soon
be too large for profitable debate, or for convenience and
dispatch of business.
Let our constitution say that the chamber of deputies
shall be composed of forty members, that to each county
shall be apportioned a number of deputies commensurate

POPULAR PROCEEDINGS AND DEBATE 233
with its population, and that [to] every organized county
shall be apportioned at least one deputy. That when the
state shall contain a population of half a million, the num
ber of deputies shall be fifty ; that when the population shall
be one million, the number of deputies shall be sixty ; when
one million and a half, seventy, and so on increasing ten for
every half million of increase in population, until the num
ber of deputies shall be two hundred ; beyond which the num
ber shall not be increased.
Let the deputies be elected to hold office for four years, or
two regular sessions of the State Assembly (it being un
derstood that the regular sessions shall be biennial).
When assembled for the first time let them be divided
into two classes, one of which shall retain their seats but for
two years, or one regular session; so that at all subsequent
sessions at least one-half of the deputies shall have the ex
perience of at least one session.
Let the senate be composed of twenty senators. Let them
be apportioned among the several counties according to pop
ulation, in the same manner as the deputies, or to districts,
when one county is not sufficiently populated to be entitled
to a senator, and let the apportioning and districting be made
at least once every ten years, as soon as may be after the
rendering of the decennial census returns, and in such man
ner as the State Assembly shall by law direct.
When the state shall contain a population of half a mil
lion, let the number of senators be twenty-two, when a mil
lion, twenty-four, and so on increasing two senators for ev
ery half a million of increase in population until the num
ber of senators shall be fifty, beyond which the number
should not be increased.
Let the senators be elected to hold office for six years, or
for three regular sessions, and when first assembled
let them be divided into three classes, the first to keep their
seats during the full term, the second to vacate their seats
at the end of the fourth year, and the third to vacate their
seats at the end of the second year, so that at all subsequent

234 WISCONSIN HISTORICAL COLLECTIONS
sessions there may be senators of one or two sessions' ex
perience in the senate.
Let the compensation of senators and deputies be one hun
dred dollars for their attendance at each session of the State
Assembly, regular or special, and two dollars per day for
every day they shall be actually engaged in public business
or the duties of their respective chambers. Their travelling
compensation should be ten cents per mile and no more.
Every citizen of the state should be eligible for the senate
or chamber of deputies, and a "citizen of the state of Wis-
consan" I would define thus : A free, white man, of full age,
and sound mind, who is a citizen of the United States, or has
had his declarations of intentions to become a citizen filed at
least one year, and who has resided within the state for six
months. ' '
I am aware that the word white will be regarded as a
black spot by many worthy and respectable citizens, and it
is to be wished — "devoutly to be wished" — that it could be
dispensed with. I believe it is nothing more than justice —
nothing more than common right — for the African and his
descendants to have the same measure of political liberty as
the European and his descendants. It is clear, however,
that if the state of Wisconsin confers privileges upon the
negro which he does not enjoy in any other of the free states
of the Union, Ave shall have an influx of "colored popula
tion," and I would ask any philosophical man or political
economist if such a population is desirable.
It is true [that] during the last session of the territorial
legislature an honorable member drew a very enlightened
comparison between the negroes and the Norwegians, in
Avhich I believe the former had the best of it, but I believe
the gentleman proved nothing more than that he was not in
his proper place.
Although the peasantry of the north of Europe (in fact
of all Europe) are comparatively rude and uneducated, yet
have they not the capacity — are not their intellectual and
moral capabilities as great as those of their more fortune-

POPULAR PROCEEDINGS AND DEBATE 235
favored countrymen, among whom are to be found "the
masters ' ' in every art and every science, and are not the im
mediate descendants of European peasants among the first
men in the land?
The Celtic, the Teutonic, the Scandinavian, and all the
minor branches of the great Caucasian race, though differ
ing in language, religion, and manners, yet readily amalga
mate. The blending of these different races — or rather por
tions of a race — has formed, and is forming, the great Ameri
can people. The negro never has been, and never can be,
united Avith them ; and if the judgment or feelings, or taste,
or (if you will) prejudices of our people did not present an
inseparable barrier, it would be the soundest public policy
to prevent such a consummation by legislative enactment.
The efforts of the patriot should be directed to improve
his countrymen — physically, intellectually, and morally as
well as politically, and he should never think of introducing
among them an inferior race.
The Africans and their descendants are an inferior race.
This is not mere assertion. It is a demonstrated physiolog
ical fact. Give them the same advantages you give to Euro
peans and their descendants, and although they are certain
to advance considerably, they are just as certain to remain
in the rear. No change in their political condition can
emancipate them from the disabilities which it has pleased
the God of nature to impose upon them — the Ethiopian can
not change his skin.
The "colored population" of our territory is small. It
should be the care of our delegates not to give a constitu
tional invitation that Avould make it larger; for it is obvi
ously impolitic to encourage in the same country the groAvth
of tAvo distinct races, who by no possibility can eyer amalga
mate. But enough for the present. Next week (if permitted) a
few more "hints" may be given. Ormond.

236 WISCONSIN HISTORICAL COLLECTIONS
HINTS TO OUR DELEGATES— No. 2
[ September 16, 1846 ]
The executive department of the government of a free
state should be framed with jealous circumspection, yet with
enlightened liberality. The governor should not be allowed
too wide a field for the exercise of his discretion or caprice ;
neither should he be cramped by restrictions that would make
him little better than a automaton.
Four years Avould, I think, be a proper term for our gover
nor to hold office. A much longer term might make him
"forget to remember" that his office was the people's gift;
a much shorter term would not be long enough to enable him
to give a character to his administration.
He should not be eligible for reelection for at least four
years after the expiration of his term of office, for if he shall
be eligible for immediate reelection, it is nothing more than
reasonable to suppose that the power and patronage of the
governor will be employed to keep a man in office, and that
consequently the executive department will hardly be ad
ministered with desirable purity. His compensation should
be at least $2,500 per year.
I do not see the necessity of having a lieutenant or sub-
governor. Governors or presidents seldom die, and yet less
frequently resign or become incapable of holding office. Our
governor will certainly, as far as climate is concerned, have
as good a chance for life as the president of the United
States, or any governor in the Union, and if one dies in half
a century it is as much as any gentleman "in the line of safe
precedents" can expect.
The death, resignation, or incapacity of the governor
should operate as a call for convening the senate forthwith,
and as soon as convened they should, without adjourning,
choose a governor, Avhose term of office, however, should be
but the unexpired portion of his predecessor's term.

POPULAR PROCEEDINGS AND DEBATE 237
A limited veto poAver should not be unpopular among a
thinking people, although its exercise may sometimes cause
displeasure and be even reprehensible, for if the history of
the exercise of that "one man power" be reviewed, it must
be allowed that it has often proved a most salutary check
upon hasty legislation and exemplified the truth of the prov
erb, "Second thoughts are best."
Our governor should have a limited veto. A bill, etc., to
become law without his assent should at least pass the dep
uties ' chamber by a majority of two-thirds of the deputies
voting, and the senate by a majority of the whole number
of senators.
He should also have a power to pardon, and to remit and
commute punishment; and here I would notice a subject
which has been of late pretty largely discussed, both in our
territory and the neighboring and eastern states; I mean
capital punishment.
Without regarding the universal precedent that has been
given in all ages of the Avorld, from the earliest period to the
present day, and the divine sanction of the punishment of
death — -it does appear that the world is not yet arrived at
that happy epoch, when man will regard the life, liberty, and
property of his fellows as sacred; or even to the less desir
able (though much to be desired) era when human life will
not need the strongest guards that can be set around it.
I am no advocate for a sanguinary code of laAVs — for a long
list of "felonies by statute." Death should never be in
flicted by man upon his felloAv, except as a penalty for the
commission of the darkest atrocity; but it would be highly
impolitic by the entire abolition of capital punishment to de
prive life of that adamantine safeguard it has always pos
sessed in every creature — fear of death.
Ut poena ad paucos, meta ad omnes perveniat* It is said
that perpetual imprisonment is worse than death — that in
carceration for life is more to be feared than the scaffold, and
I admit that it is so, to many temperaments. But one might

*Though few are punished, the fear of punishment affects all.

238 WISCONSIN HISTORICAL COLLECTIONS
as well argue that poA^erty is worse than death, that to have
once honor wounded is worse than death, or that to have
"got the mitten" is worse than death. Hundreds — thou
sands of men who could not
"  bear the whips and scorns of time,
Th' oppressor's wrong, the round [proud] man's contumely,
The pangs of despised [disprised] love, the law's delay,
The insolence of office, and the spurns
That patient merit of the unworthy takes —
have dared to become their own executioners, and rush un
called to
"That [the] undiscovered country, from whose bourn
No traveller returns  "
Yet no one Avill contest that the love of life is a principle —
an instinct — the strongest in our nature. The prospect of
the scaffold has often humbled the most hardened felons.
How different would their feelings have been, had they been
assured that the laws they had violated could not be enforced
by the penalty of death.
It is to be hoped that it will be long before the infliction
of that high punishment will be called for in our state ; but
if, unfortunately, it should eATer be deemed necessary for the
due maintenance of the laws and the proper administration
of justice to pronounce the life of an individual forfeited, no
absolute bar should be presented by the constitution.
The fear of imprisonment for life does and always will
operate as a preventative of crime ; but the fear of death is a
stronger and a surer guard : and why should it be dispensed
with? Why should a deliberate villain be allowed to plan
and perpetrate a capital offense with a full assurance that
however aggravated his crime may be he cannot be hanged.
Our sister state, Michigan, has been the first to abolish
capital punishment. It was a fearfully important experi
ment. Let it be fully tested before any other state adopts the

POPULAR PROCEEDINGS AND DEBATE 239
innovation. If no evil consequences result, we can lose noth
ing by being slow to follow the example. If evil does re
sult, we shall escape it, and profit by the lesson. Ormond.

HINTS TO OUR DELEGATES— No. 3
[ September 30, 1846 ]
There are two classes of statesmen that (I conceive)
should have nothing whatever to do in the great work of
framing a constitution for a free state. The one adheres to
everything old, merely because it is old; and the older it is
the better satisfied are they that it should be perpetuated.
The other will have nothing but what is new, merely because
it is new; and the neAver it is, the better satisfied they are
with it.
It is not improper to make experiments in law and govern
ment, any more than in other sciences, if they are made with
sufficient care. The pages of a statute book, however, should
be the field for such experiments, not the parchment of a con
stitution. If anything improper, impolitic, or inexpedient shall at
any time find a place among the statute laws of our state, it
\Adll be easy to amend or repeal it ; but if crude doctrines, un
touched by the test of time and but partially understood, even
in their direct bearings, are admitted into our constitution,
the body politic may suffer severely before a proper legal
remedy can be applied.
The new doctrine advocates are opposed to having the
judge appointed by the executive, with the advice and con
sent of the senate, because (I suppose) it is an old doctrine
(though not so old as it ought to be) and is only sanctioned
by the example of the United States, Great Britain, France,
the Netherlands, and nearly all the most important states of
both Europe and America.

240 WISCONSIN HISTORICAL COLLECTIONS
It is said that the old plan is imperfect, inexpedient, and
antidemocratic — that the executive might be partial, per
haps corrupt, in his appointments — that there would be what
is popularly termed "logrolling" in the disapproving or con
firmatory action of the senate, and that, therefore, to pre
vent the possibility of "logrolling" or other sinister manage
ment, "the people" should elect their judge.
It would appear that such advocates for the new doctrine
forget that our state will not, in fact cannot, be a pure democ
racy. They speak of having "the people" decide on a mat
ter as though it were possible for all the citizens in the State
to assemble at one point and have a pure democratic election.
Such a thing cannot be — to suppose it would be absurd.
It must therefore be understood that the neAv doctrine is for
"the people" to choose their judges not of themselves — not
by their own act, but through the intervention or agency of
delegates ; and I should like to knoAv on what principle it is
supposed that "the people" will be more discriminating in
choosing delegates to elect a judge to interpret and decide the
laAV than in choosing legislators to make the laws by which
the judge as Avell as their fellow citizens are to be governed.
It is contended that because "the people" are "enlight
ened," "capable of self-government," etc., that they are
"capable of choosing their judges. " Granted it is so — "the
people" are "capable of self-government," but what is the
reason they do not govern themselves? Why do they em
ploy a "governor"?
"The people," too, are capable of making their own laws,
but why do they not make them? Why do they send repre
sentatives to a legislative assembly, and pay them for doing
what they can do themselves ?
The people are also capable of choosing their judges, but
Avill they choose them? It is obvious they will not. They
Avill — they must employ delegates or agents, and what agents
can they employ with more confidence than the men on whom
their suffrages have conferred the highest legislative honors
of the state!

POPULAR PROCEEDINGS AND DEBATE 241
It is admitted that senators in rejecting or confirming the
nominations of individuals to the bench may act unfairly, dis
honestly, corruptly — may "trade" and "logroll," but I
would ask if "the people" send "logrolling" senators to the
legislature to make laws for their rule and government,
what assurance is there that "logrolling" delegates shall not
find their Avay into a convention assembled merely to elect
a man to an important and honorable office.
The importance of having an independent judiciary had
never been practically demonstrated in this country, and al
though under our democratic institutions it is almost impos
sible that a spirit of animosity such as other lands have wit-
nessed can ever arise between the executive and the people,
and though it is yet nearer the impossible to believe that the
courts of justice ever can be converted into the engines of a
party or the instruments of vengeance of a faction, yet it is
of the utmost importance that our judiciary should be en
tirely independent of both the people and the executive — that
is, should hold their offices, and have their salaries secured
to them, so long as they should behave themselves well — they
should be placed in such a position that they could perform
their duties fearlessly, without a possibility of being made
amenable to either people or government, directly or indi
rectly, for their legal and judicial acts.
The administration of justice heretofore in our territory-
has been upright, faithful, and popular. It is to be hoped it
will not be otherwise in our state; but it is not impossible
that at times circumstances may arise and concur when the
lives and liberties of our citizens may depend upon the firm
ness and integrity of our judges.
Mackintosh closes his account of the judicial proceedings
in the west of England, which followed Monmouth's rebel
lion, and which the King (James II) jocularly termed "Jef
frey's campaign" by saying, "The administration of justice
in state prosecution is one of the surest tests of good govern
ment. The judicial proceedings which have been thus care
fully and circumstantially related afford a specimen of those
16

242 WISCONSIN HISTORICAL COLLECTIONS
evils from which England was delivered by the revolution.
As these acts were done with the aid of juries, and without
the censure of parliament, they also afford a fatal proof that
judicial forms and constitutional establishments may be ren
dered unavailing by the subserviency or the prejudices of
those who are appointed to carry them into effect. The wis
est institutions may become a dead letter, and may even for
a time be converted into a shelter and an instrument of
tyranny, when the sense of justice and the love of liberty are
weakened in the minds of a people. ' '
I conceive that judges of the superior courts, at least,
should keep their seats during good behavior, or until, say,
sixty-five years of age ; and they should be allowed a liberal
compensation for their services, Avhich should not be reduced
during their continuance in office.
To insure good men, and to guard against the effect of a
mere party vote, it shall be necessary for two-thirds or three-
fourths of the senate to concur in confirming the appoint
ment of every judge.
In each county having a population of ten thousand there
should be a judge called a barrister, or bune, who should be
elected by at least a two-thirds majority of the board of su-
perAdsors. He should hold office for at least four years, and
should be allowed a liberal compensation for his services, to
be paid out of the county treasury. He should hold a court
on the first Monday of every month, and sit from day to day
until the month's business should be gone through with. He
should have jurisdiction in all civil matters to the amount of
two hundred and fifty dollars. He should have power to
fine not exceeding that amount, and to imprison in the county
jail for any period not exceeding one year.
He should have [original] jurisdiction concurrent with
[that of the] justice of the peace and appellate [jurisdiction]
of all matters tried before such inferior tribunals.
Each county might be divided into two, three, or four di-
Adsions as the board of supervisors might deem proper, in

POPULAR PROCEEDINGS AND DEBATE 243
each of which the court might be held in rotation, or as the
business of the respective divisions might require.
I think it would be proper for our constitution to express
the minimum extent of territory that should be set off and
erected into a county.
If the principle sanctioned by our legislature last winter
is carried out, any township in the state may be blessed or
burdened with a county government. I should think that no
organized county should contain less than twelve full and
entire toAvnships, or (in case of being bounded by a lake,
navigable river, or other natural or political boundary) an
area of at least four hundred square miles.
It would be right, too, I believe, to make provision for the
revision of the statute laws of the state, at least ' ' once in so
often," that is, about two or three times in an age.
One "hint" more and my "hints" are ended. Let our
delegates not think of doing " anything else" than submitting
the charter they shall frame to their constituents as soon as
it is finished, and during their labors let them never cease to
remember that they are but special agents, commissioned for
a particular purpose, and that if they exceed their expressly
or impliedly granted powers, their employers, "the people,"
will be prompt to repudiate both them and their acts.
But they know their duty and they will do it. Many of
them have spent the better portion of their lives in framing
and studying laws and contemplating political structures.
The constitutions that have been recently framed in the
East, West, and South are entitled to profound considera
tion, and although they should not be servilely imitated, yet
many profitable "hints" may be taken from them, and the
time which our delegates may devote to their study might
easily be less profitably employed.
Although conscious that in government as in all other
things perfection is unattainable yet we should endeavor to
approximate as nearly as possible to it. From time to time
abuses will inevitably appear, no matter how excellent our
constitution may be, but if the people are vigilant they can

244 WISCONSIN HISTORICAL COLLECTIONS
never attain a very startling magnitude nor acquire claims
to respect on account of their antiquity.
Other forms of government live and are supported by
abuse. Take aAvay what is rotten and corrupt and they fall
to the ground : but a wisely formed constitutional republic,
based upon enlightened democratic principles and supported
by an intelligent, educated, honest people possesses, like the
atmosphere, a self -purifying power; it is free from every
principle of decay, and falls short of perfection only in
obedience to the eternal law which ordains that in all things
earthly there must be dross. Ormond.
REPLY TO "ORMOND"
[September 30, 1846]
In another column will be found the second [third] com
munication from our correspondent, ' ' Ormond, ' ' on the sub
ject of the judiciary. We are compelled to differ with
"Ormond" upon this subject, being ourselves decidedly in
favor of allowing the people to select their own judicial offi
cers. The history of our country for nearly seventy years has
conclusively established the fact that the people are capable
of self-government; and that they possess sufficient intelli
gence and discrimination to make a judicious selection of
public servants. Yet at the formation of our national con
stitution the entire Federal party refused to accord to them
this intelligence and discrimination. Alexander Hamilton,
upon the subject, held the following language : ' ' The people
are turbulent and changing ; they seldom judge or determine
right." Fisher Ames, another distinguished Federalist, de
clared that "our Federal Republic was manifestly founded
on a mistake — on the supposed existence of sufficient political
virtue in the people, and in the permanency and authority
of public morals." When Ave reflect that at that period we

POPULAR PROCEEDINGS AND DEBATE 245
had but just thrown off our colonial dependence from a gov
ernment which we had ever been taught "was the best the
world ever produced," we shall not be surprised that so
many were skeptical in regard to the capacity of the masses ;
but that this skepticism should still exist does, to us, indeed
seem strange. Our correspondent, to support his position in
favor of an appointed judiciary, in his first article quotes
Chancellor Kent. Now that Kent is a distinguished jurist
we admit, and that upon a purely legal question his opinion
is entitled to great consideration, but that he is a better
judge of law than he is of the virtue, capacity, and intelli
gence of the American people is clearly demonstrated by his
action in the New York convention in 1821, of which body
he was a member. He there expressed the following very
creditable opinion: "There is a tendency in the poor to
covet and share the plunder of the rich." The mind that
could harbor such a sentiment is better calculated to exercise
its influence over the serfs of a despotism than the sover
eigns of a republic. Kent at that time was a leading Feder
alist ; he is now a staunch Whig. Our correspondent, in his
article published today, says: "There are two classes of
statesmen — the one adhere to everything old, merely because
it is old, the other will have nothing but what is new merely
because it is new. " Now we are not in favor of an elective ju
diciary for either of these very cogent reasons, but simply be
cause we believe the people (the same as a private person)
should have the privilege of selecting their own servants, and
for the further reason that in making their selections we are
satisfied that they exercise a sound discretion. The Con
stitution of the United States vests in them the power to
choose their chief magistrate, who will assert that they have
ever abused that poAver, or that it Avould have been as judi
ciously exercised had it in the first instance been placed
AAdiere the constitution now places it, in case there is no elec
tion by the people. But to return, we do not adhere to this
thing merely because it is old or to that because it is new.

246 WISCONSIN HISTORICAL COLLECTIONS
Because a people have existed under a certain system does it
follow of necessity that that system could not be safely
changed or improved? Most certainly not. Yet such is the
force of the argument, if any force it has. As far back as
the dark ages when an effort Avas made to do away with the
feudal system, the cry of sacrilege was raised — the cry that
new and dangerous innovations were about to be made upon
their old and time honored laws, laAvs under which their
fathers had lived and died — and from that day to this, when
ever any moA^ement has been made to do away with any of
the relics of the dark ages, or to ameliorate the condition
of man, the same cry has been raised, and by the weak, timid,
and corrupt it has been stigmatized as dangerous, visionary,
and impracticable.
We would have our constitution expressly provide the
manner of creating the judiciary. We would not by any
means (as suggested by our correspondent) vest that power
in the legislature. We Avould place it beyond the control of
hasty, corrupt, or selfish legislation. It is termed an experi
ment. We do not consider anything as an experiment which
has been thoroughly and successfully tested, as an elective
judiciary has been in several of the new states, or that which
is so clearly based upon the broad and eternal principles of
justice and democracy.
Our correspondent seems to go upon the supposition that
our judicial officers must be either appointed or elected by
delegates in convention. To either of these modes we should
be opposed. It is true candidates may, and probably would,
be nominated in convention, but they can only be invested
in the "gown official" by the people at the ballot box.
It is a mistaken idea that the people are unmindful of re
sponsibility when it is thrown upon them. If such were the
fact, why do they so critically, freely, and fearlessly canvass
the characters and capability of their candidates. He who
asks at the hands of the people power or station must be, to
pass unscathed, like Caesar's wife, above suspicion. In the

POPULAR PROCEEDINGS AND DEBATE 247
election of a judge every elector would have a great and di
rect interest ; they would feel it and act accordingly.
The great mass have no unworthy or selfish purposes to
subserve; therefore their action would be independent and
high minded. The action of the executive together with the
legislature might or might not be the same. The very fact
of their occupying stations presupposes them to be politi
cians ; the fact of their being politicians is presumptive evi
dence of ambition; and the fact has been for years estab
lished, that the ambitious are not always over-scrupulous as
to the course they pursue or the means they make use of to
accomplish their objects. Perhaps the executive of the state
may be ambitious to wear the senatorial robes at Washing
ton. A corrupt but talented politician may stand between
him and the object of his aspirations ; he removes the obstacle
from his path by placing the politician upon the bench. The
executive has gratified his ambition ; what matters it to him
if he has done it by polluting the halls of justice. The idea
that a judge should be above and beyond the control of the
people is one that in our opinion should long since have been
exploded. Like other public officers he should be but a pub
lic servant, responsible to the source from whence he de
rived his power for the faithful and honest discharge of his
duties. We again repeat it is safer to leave power where,
in a republican form of government, it legitimately belongs,
to wit : in the hands of the people.
Many of the old and barbarous "landmarks," as they are
termed, monuments of the iron ages, are passing away, and
being superseded by a new order of things. The spirit of
the age is the spirit of progress ; its course is onward and up
ward; it moves with a power that cannot be stayed, and a
velocity that defies pursuit.

248 WISCONSIN HISTORICAL COLLECTIONS

SELECTIONS FROM THE RACINE ADVOCATE
STATE GOVERNMENT— No. 1
[February 24, 1846]
The most important act passed at the late session of our
Legislative Assembly will be found on the first and second
pages of this week's Advocate. It provides for the speedy
formation of a state government, preparatory to the admis
sion of Wisconsin into the Union as an independent common
wealth. The members of the legislature, who enacted this
law, were "fresh from the hands of the people," and felt
that a preference for state government prevailed with the
great mass of their constituents. They accordingly adopted
a measure which they conceived would be most in accordance
Avith the sentiments of the citizens of Wisconsin, and passed
the act which we have given in preceding columns. To this
law, we most earnestly invite the attention of every inhabi
tant of the territory into whose hands this number of our
paper may chance to fall; trusting that everyone will give
it an attentive and thoughtful perusal, pondering the sub
ject deliberately in his mind. Let every voter but do this,
uninfluenced by false issues, and still more false representa
tions, and we shall feel an entire confidence that the official
annunciation of the balloting for and against state govern
ment, on the first Tuesday of April, now only forty-two days
distant, will be: "The ayes have it!"
In noticing this subject hereafter, Ave shall endeavor to
demonstrate to our readers that every consideration of self-
interest and public policy prompts us now to determine in
favor of self-government — to assume the reins and exercise
the franchises of state sovereignty; that in our present de-

POPULAR PROCEEDINGS AND DEBATE 249
pendent political condition we are bereft of very many of
those advantages which flow from an independent and per
manent government, controlled in all its departments by our
selves upon principles of stability and duration, etc., etc.

STATE GOVERNMENT— No. 2
[March 10, 1846]
We have said that "every consideration of self-interest
and public policy" required of the people of Wisconsin to
vote for state government. We will go further, and say that
duty demands it of them — downright shame, indeed, should
urge them into the adoption of self-government. With a
population of more than one hundred thousand souls, shall
we remain the nursling of Uncle Sam, drawing our suste-
nence from his larder ? No, no ! fellow-Badgers ; let us put
on pants, and assume the dignity of free-mew ! Let us make
unto ourselves a charter of rights as a seZ/-governing com
munity, and take our position in the line of the now twenty-
eight confederated sovereignties.
A friend writes us from Washington that, could the few
citizens of Wisconsin who deem it inexpedient to vote for a
convention now only be present at the seat of government a
part of a session of Congress, they would come home divest
ed of every shadoAv of doubt on the subject, and would urge
upon their fellow citizens the immediate adoption of state
government ; that it is humiliating to a high-minded Wiscon-
sonian, cherishing an ardent affection for his beautiful home,
to witness the cold neglect with which his territory is treated
in the halls of Congress. Our delegate, who is the organ of
more free people than any state representative in the Union,
is doomed to play the part of a suppliant for favors, rather
than demand rights for his constituents ; and is driven to a
mortifying course of solicitation in order to secure a small
share of the benefits flowing from the National Government,

250 WISCONSIN HISTORICAL COLLECTIONS
which in justice should be bestowed equally upon every por
tion of our common country.
Now our only chance of redress for these grievances is to
vote "for state government" on the first Tuesday in April.
This will enable us to assume the responsibilities and acquire
the franchises of American sovereigns within one year from
this date. Wisconsin Avill then shine forth as a conspicuous
star in the bright constellation of free and "United States."
She Avill then have her senators and representatives on the
floors of Congress to advocate the rights and vote for the in
terests of Wisconsin and the West. We can then take a
proud stand of equality Avith the other sovereignties of the
Union; and shall then be enabled to realize and enjoy facil
ities for acquiring wealth, intelligence, and happiness, the
elements of which have been so bountifully scattered
throughout our territory by the great Architect of the uni
verse.

THE CONVENTION
[March 24, 1846]
The convention that must soon be held to form a constitu
tion for the new state of Wisconsin demands of its inhabi
tants the most severe thought, for it is from the mass of the
people that the constitution must emanate, the members of
that body being but agents. These agents, however, must be
chosen for their qualifications, must be men in Avhom the ut
most confidence can be reposed, and should be selected Avith
a view not only to their intelligence, but to the confidence re
posed in them by the people of the county they represent.
It is to be remembered that their legislation cannot be
local, that they must act only for the whole state, and there
fore that they should be selected from the county at large,
without reference to any particular location. If any one
town, whether it be even the smallest in the county or the

POPULAR PROCEEDINGS AND DEBATE 251
least populous, should contain the best men, they and they
alone should be sent, and no man should permit a local feel
ing to enter his mind while making the selection of a candi
date. Neither should the mere charm of talent or oratory be
considered sufficient requisites (although a due importance
should doubtless be given them) but men should be selected
because by their acts they have won the confidence of the
people, and because the people feel satisfied that they know
where these men are to be found on each important question
that will arise; and all this is equally applicable to both
parties. The Democratic party should look to those men they have
known to be firm and steadfast in their faith, earnest in their
labors, and ardent in their love for party principles, and they
should take care that no minor questions should mingle with
the great purpose for which they are about to select agents.
Upon the result of the first convention depends the prosper
ity of the state for years, and experience too plainly points
out that restraints are more necessary to a young and flour
ishing state than to any other. Cast but a glance across the
broad waters of our noble lake, and see the suffering and
misery that has been entailed upon a sister state by the want
of restraining clauses in her constitution. Look along the
shore, and see the same error with the same consequences.
Both states ran madly into speculation, both indulged in day
dreams of mighty wealth, boundless power, and early happi
ness, and both awoke to poverty, anguish, and disappoint
ment. Yet many of the statesmen in each, perhaps the most
of them, were as honest as they were earnest, and deemed
they were doing good service to their fellows, and those to
come after them. If there had been proper restrictions they
would have been forced to delay, and delay would have saved
them, opening the eyes of the people to the enormity of the
undertakings. We trust that we shall soon be a sovereign state, for to us
it appears that no moment will be more propitious than the
present. The whirlwind that so lately swept the Union has

252 WISCONSIN HISTORICAL COLLECTIONS
purified the political atmosphere and men reason more cool
ly and justly. A few years ago, and the world was mad with
great schemes. Now we think more of quiet happiness. We
have made the discovery that neither the stability of a gov
ernment, nor the comfort of a people are promoted by vast
systems of internal improvement; but that on the contrary
both must be endangered. The wealth of a state must of
necessity be mainly drawn from its people, and when that
wealth is excessive we may feel assured that either the com
forts of the citizens have been, or are to be, abridged. Let us,
then, taking warning from the many examples around us,
look singly to the happiness and independence of the many.
Let our legislation be to ensure as much as possible, reason
able advantages and reasonable comforts to all, and to help
none to build up magnificent fortunes. Let our aim be to war
neither for nor against the rich, but that honest industry and
perseverance may meet its full reward, unobstructed by the
stumbling blocks that are so often thrown in its way.
Nature has been so bountiful to us that we need ask but
little from legislation. Strong arms and willing hearts can
find abundance throughout our country, and channels are
near enough to carry away all that we do not need for our
own use. We want little save protection and equal laws to
flourish prosperously, but, without these, we can only expect
the extremes of wealth and poverty.
In order, then, to procure a frugal and economical gov
ernment and to ensure a people possessed of the same qual
ities, we must be careful in the choice of candidates for the
coming convention, sending men in whose probity and wis
dom we have full confidence, and rejecting those we cannot
trust, either for the want of the first quality or because they
are ready to indulge in those daydreams of visionary great
ness that are alike injurious to individuals and states.
It may be said that the fever of speculation has vanished,
and that neither individuals nor states are now affected by it.
It may be so at the present moment, but who shall say it will
not soon return? We want constitutional guards against it,

POPULAR PROCEEDINGS AND DEBATE 253
and we want it likewise in the hands of the people as directly
as possible. The career before us is full of prosperous hope.
Our land is one of promise, and why should we mar its beau
ties ? Beauty of climate, fertility of soil, health, comfort, and
sufficient toil to nerve the body and strengthen the mind are
all before us, and what more can government do for us, save
protect us in the enjoyment of these?
Let us, then, act with proper energy and we can secure the
little we want by insisting on proper restrictions now and a
periodical restoration of all power to the people at large, and
not to their deputies. To do this all local feelings must be
abandoned, all local prejudices forgotten, and the selections
made merely with reference to fitness. The stake is too im
portant a one to allow anything foreign to divert attention
from it. We are about to bind not only ourselves but our
heirs, for they must either be benefitted by, or suffer from,
the selection we are about to make. Let that selection then
be made from the best, the purest, and most democratic of
your citizens, no matter where they are, and the result must
be propitious.

AN EXEMPTION LAW
[April 21, 1846]
For many years past, people have discovered the neces
sity of relaxing the old laws respecting debt. It is now con
sidered a barbarous custom to imprison men for their mis
fortunes, and it begins to be considered little less barbarous
to take from them the last copper they have, and in all prob
ability the last hope they have of even paying their debts.
Some years ago, different states passed laws exempting a
few absolute necessities from execution, and it was found
that this exemption was of great service to those who had
been unfortunate, while at the same time it did not injure
others. Since that time, several states have increased the

254 WISCONSIN HISTORICAL COLLECTIONS
value of property exempted by law, and this has also proved
beneficial. Now, there seems to be a strong opinion abroad
that it would be a most excellent thing for the country, if a
portion of real estate of a definite value, with the necessary
buildings and tools of trade or materials of cultivation, with
the produce, etc., should be also exempted from all legal proc
ess, save for the payment of taxes, and this opinion seems
to be a growing one.
To us it would seem that such would be a wise constitu
tional provision, and when thus recognized Avould work no in
jury to anyone, and would be worth much to the country at
large. Of course no one would give a credit based upon such
property, and no one would ask it. When a man knew that
by earning this amount he would have a resource in case of
misfortune, or would leave a competence to his family in case
of death, it would at once become his dearest object to secure
thus much, firmly, before he attempted to realize a large for
tune by uncertain speculation. We all know that he who com
mences prudently and aims only at a competence is more
likely to prove a good and useful citizen than he who attempts
by wild speculation to realize a large fortune. The existence
of such a provision would then induce men to exercise econ
omy in order that they might first arrive at this certain point,
and, after becoming fixed in such habits, he would be much
less likely to launch out into extravagance and folly.
There Avould likewise be a certainty, in case of death, that
the family a man left would be properly educated, and being
brought up neither in extreme poverty nor in riches would
also make good citizens, and, appreciating the value of the
property that had given these advantages, each child would
be anxious to save the same amount as soon as possible.
Another great benefit would be that a fatal blow would be
struck at the small credit system; for of course those who
had made themselves thus independent would not require
credit, and those who were laboring for that independence
would know well that it could not as easily be procured if

POPULAR PROCEEDINGS AND DEBATE 255
they should use credit instead of cash. Besides this the mer
chants would not be so ready to give credit as they are now,
and could of course sell at a less rate of profit, while their
own earnings would be as great or greater. We would not
wish, of course, to render the collection of existing debts
more difficult nor to impair the value of any present contract,
but we see no reason why, on the commencement of a new
state government, such a system should not be grafted in
with as much reason as the more limited exemption of half
a dozen chairs, a couple of swine, and thirty days' provision.
The'principle is the same in both cases, and the only question
is how far it ought to be carried.
Unnecessary wealth it is not asked should be freed from
debts, but it is asked to secure to every man a competence
that will prevent either him or his family from coming on
the town. Neither will he be obliged to keep this property ;
for, of course, if he deems it necessary or proper, he may sell
it either to pay debts or to better his condition. We believe
that few will ever, after having once secured this certainty,
part with it lightly; and we believe that such a disposition
will do much, very much, to secure to the state a body of the
most intelligent and independent citizens in the Avhole Union.
We are not the advocates of great wealth, for we believe
that few draw much enjoyment from such a source; but we
are strong advocates for offering to men an independence,
earned by their own exertions and secured to them against
misfortune, aye, or even against folly. By so doing we be
lieve we shall elevate the general tone of feeling. We think
we shall induce men to prefer certain independence to uncer
tain wealth, and to base all hopes of distinction more upon
mental effort than upon the paltry pride of money. We be
lieve, also, that such independence will do aAvay with what
we may almost term the vice of small office-seeking, both
from the disinclination to performing the difficult and often
humiliating duties attached to many offices, and by rendering
such offices for the most part needless.

256 WISCONSIN HISTORICAL COLLECTIONS
We trust that the great body of the people will think this
matter well over, remembering that to the rich they are
holding out a certainty of competence in case of misfortune,
while to the poor, they are offering an object so important
that each will make heavy efforts to attain that independ
ence that will induce them to devote more serious thought to
higher matters than those merely pertaining to their daily
bread. They will also remember that, by thus holding out
inducements to the industrious and prudent, they adopt the
only plan that can drive from their state the indolent and
visionary, who can never live among those who are too inde
pendent to be tempted from their comforts by the false hopes
of idle or vicious experimentalists.

THE JUDICIARY
[April 28, 1846]
Nothing, perhaps, can be more important to a state than a
well-paid, independent judiciary. In this department, and in
that of common schools, liberality is the greatest possible
economy, and it is only by paying both well and forcing both
to avoid entanglement in politics that we can assure our
selves of the pure administration and understanding of the
laws. We observe that in New York an effort is making to allow
all persons to go into courts of justice without expense. To
us this seems as certain a mode as could be devised of in
creasing — encouraging — litigation, and of taxing the main
part of the people not only heavily, but in the worst possible
manner. Of course, in such case, every man who gets in a
little pet would have recourse to a court and jury, and a large
portion of our citizens would be called as jurors to settle the
quarrels of their neighbors. This kind of cheap law would be
the dearest possible, and with an illy paid judiciary in the
bargain the spirit of quarreling would be very apt to be

POPULAR PROCEEDINGS AND DEBATE 257
shared by bar, judge, jury, and the people at large. This
would, indeed, be a mode of encouraging litigation, a spirit
that we all want to see abate rather than increase.
In order that the administration of justice should be pure,
it seems to us necessary that the office of judge should be
considered one to Avhich none ought to aspire and none could
be called, except such as were well known for both probity
and talent, and to such men you must hold out more induce
ment than the mere empty honor of a name. They must be
liberally, not exorbitantly paid, else the name of judge will
soon cease to be evidence of even a moderate degree of talent.
As a general rule throughout the Union the judges are not
sufficiently remunerated, and the consequences are that none
but third-rate lawyers will accept the offices. Members of the
bar who have real talent are sure, even though the profession
is overstocked, of doing better than they can if promoted to
the bench, and we often find judges actually electioneering
for some office of less dignity but greater emolument, that
they may provide for increasing families and advancing
years. In New York it has become quite an object of ambi
tion among them to look with an anxiety for a quiet descent
to the clerkship of a court, and, when reduced to such a neces
sity, how is the dignity of the office to be kept up? When
judges become electioneerers for recording offices that re
quire no higher abilities than a decent handAvriting and a
moderate knowledge of business, such as any common dry
goods clerk is supposed to possess, how is the bench to be
held in proper respect by any?
When Wisconsin becomes a state we trust this system will
be done away with, and that inducements will be held out to
men of the highest talent in the legal profession to seek pro
motion to the bench. We trust ample and certain provision
will be made for their wants, with the certainty of being able
by decent prudence to accumulate competence for their fam
ilies, and then you may place on the office such restrictions as
will compel judges to avoid the excitements that attend the
lives of all politicians. Men now study and practice law not
17

258 WISCONSIN HISTORICAL COLLECTIONS
with the intention of rising to the dignities alone in the grasp
of the profession, because those dignities are worth nothing
in themselves. The law to them is only the means of attain
ing political power and distinction, and when they accept
judgeships you may be sure, if they are men of talent, they
deem them only stepping-stones to other offices sought after
with more avidity, because either more profitable or leading
to much greater distinction.
Now it would be our desire to see all judges deprived of
even a voice in political affairs. Elect them by the people,
let their selection be as democratic as you choose, but make
it a rule that when they mount the bench they throw aside at
once all party, all political prepossessions, and place them
selves above and beyond those feelings that cannot fail to
make him a partisan who takes a warm interest in politics,
or [that] look beyond the high office he has assumed, to some
one that may be more brilliant, but cannot be more important.
Place such other restrictions on him as you may deem fit,
oblige him as far as possible to seek no reward out of his
profession, and even there to look for it only from a fearless
discharge of his duties and a constant exertion of the talent
he possesses.
All will at this day concede the impropriety of a judge be
ing a party politician, and this feeling precludes him from
making displays at popular meetings, but do not we all know
that judges are often, very often, the leading men of a party,
and many of them paltry wireworkers, Avho look to the suc
cess of party measures as a success that will reward them
with not a better but a fatter office ? And is this to be won
dered at? Can we expect talents and worth when we refuse
them a decent compensation? Can we look for self-denial
where want exists, not the want that starves, perhaps, but
the want that keeps a man beloAv that level he deems he is
entitled to?
If we want purity in our judiciary we must pay for it. If
we want talents of a high order we must pay for them ; and
if we want men who will be uncontrolled by the prejudices of

POPULAR PROCEEDINGS AND DEBATE 259
the hour, we must place them out of the influence of those
prejudices. We want but few judicial officers in a young
state, and if a proper system is pursued, and one that will
tend to discourage litigation, and especially small litigation,
we shall never want many, but then those we do have must
be well paid, or else we may soon look for an increase in the
number of such officers that will in the end tax us infinitely
more than high salaries.
Look at the army of unpaid judges, as they are often
called, in many of the old states. Does any man suppose
those men work for nothing? We imagine not. Do not most
men know that such numbers must be paid, somehow, much
more than would pay the best men for the same services?
We think they do. And have not all perceived to how low a
point the bench has been brought where these hordes of in
sufficiently paid and ill-qualified officers have been intro
duced? We know they have.
Let us, then, make an effort to obtain in Wisconsin a judi
ciary that Avill be endowed with high talent and great purity.
This can be secured if we choose, and will be, not in the end
only, but at the very outset, the most economical mode of ad
ministering justice. When every judge looks upon his office
as one of which he has a right to be proud, and looks upon
legal promotion as his sole aim, and an end that can only be
reached by convincing all that he has the high attributes to
fit him for it, we shall see our own courts looked upon with
respect and we may be sure that any improper outbursts of
feeling will be calmed by the dignity of those we have elevat
ed to stations where they are presumed to stand, like the laws
they administer, above all reproof.

260 WISCONSIN HISTORICAL COLLECTIONS
BANKS
[May 5, 1846]
We believe that at the present day there are few, even of
the Whigs of Wisconsin, who are not opposed to state banks
or banking, if not even to a United States Bank, and yet it is
but a few years since the general cry of the whole Whig
party was that without banks we should lose all hope of pros
perity throughout the Union.
It is curious to look back a few years and see the expan
sions and contractions that took place under the old system,
and it is still more strange to see how men could sit so calmly
under them, fawning upon the very hand that scored them
without mercy. It is true that some men made money by
them, and would fain have persuaded all that they, too, were
aided. Many, too many, believed this, and banking was ex
tolled to the skies as a panacea for all the evils of poverty,
a sure way to make capital plenty, even though there might
be none, and in fact looked upon as the "tree of life" where
upon all business was to quicken and grow. An extract from
Milton's Paradise Lost, with a shrewd query by Coleridge,
will place it in its old point of view, as it stood with the
Whigs. And all amid them stood the Tree of Life
High eminent, blooming ambrosial fruit,
Of vegetables gold (query, paper money?) and next to life
Our death, the tree of knowledge, grew fast by.
They deemed banking, indeed, the tree of life, and held,
too, that upon one tree alone could the true fruit be brought
to perfection, and that tree Avas the United States Bank.
Another opinion, also, was that Mr. Biddle alone could pluck
the fruit from the tree,9 and so, to use the words of Milton

0 Nicholas Biddle, famous financier and president of the United States
Bank. Against him and his bank President Jackson waged the famous
"bank war" of the early thirties.

POPULAR PROCEEDINGS AND DEBATE 261
again (though we must apologize for the harsh epithet that
rounds off the last line) they gave him a strong boost, and
So clomb this first grand thief —
Thence up he flew, and on the tree of life
Sat like a cormorant.
It was then that Mr. Biddle was the great man of all great
men, the only one who could wield the banking scepter, and
of course the only one who could control the destinies of the
nation. But Mr. Biddle fell to rise no more, and with him
fell the long cherished hopes of the "bankites." Since that
time the feeling in favor of banks has been growing less and
less daily, and now we trust that in general it is lost. . Some
old bank editor will occasionally break forth in a fit of queru
lous grumbling, but he scarce dare breathe a bank article
boldly and freely, as he was wont to do in times past.
Let us hope, then, that the feeling in favor of banks has
passed away entirely. But at the same time let us guard
against its renewal at some future period. Let us, when
Wisconsin is a state, see that all banking privileges be made
unconstitutional, so that, even should our people become for
a brief period as crazy as we all were throughout the United
States during the prevalence of the speculative mania, we
should be obliged to revert to the full sober second thought
before we could bring on ourselves the misery that has in
variably followed in the footsteps of banks.
Nor is this all we should do. We should guard against
other incorporations as well. All special incorporations, if
not watched closely, will do a limited banking business. And
even if they do not, we can see little use in them. If corpo
rate powers are necessary let them be made as limited as
possible in extent, and as available as possible to all. Let
general incorporation laws alone be passed, even for villages
and cities, so that at certain periods, and under certain re
strictions, all may avail themselves of them. We have heard
it observed that different villages want different powers,
that some want control over harbors and rivers, while some

262 WISCONSIN HISTORICAL COLLECTIONS
have neither harbors nor rivers to control. The answer to
that is obvious. If all have the necessary power over them,
those that haA^e none Avill only find that part of the act a dead
letter to them that cannot hurt them.
Another thing, too, strikes us as important in this matter,
and it is that not only villages but towns and counties be pro
hibited as early as possible from issuing county orders, a
species of bank paper that takes money from the laboring
man to put in the pocket of the broker. We see no reason
why counties, towns, and villages should not be obliged to
raise their taxes beforehand and pay in money for services
done, except such, indeed, as may be paid by all in labor at
certain periods, or in money to procure labor at the time.
We, of course, allude more particularly here to road taxes,
which can always be thus paid without doing wrong to any
one. None can doubt that such a course would tend greatly both
to economy and improvement. To economy, because,
having money on hand, labor Avould be more readily pro
cured, more cheerfully accorded, and more usefully ex
pended. To improvement, because the taxpayer, seeing that
his taxes were expended so as to do the utmost good, would
be the more willing to tax himself heavily where the objects
to be attained Avere worth the sacrifice.
In this village a tax Avas raised for the harbor, that was
far heavier than was ever voluntarily borne by any com
munity of such limited means, and yet at the same time great
donations were made, but then every man felt that the object
was of importance and that the money would be expended as
nearly according to the exact way in which he wished it as
was possible. It would be so, too, everywhere. It is not the
taxes that people grumble at so much as the misapplication
of them, and nothing would have a stronger tendency to pre
vent that misapplication than the destruction of this petty
banking on local orders that has grown so prevalent over the
whole Union.
It is a strange thing how banking creeps into all business,

POPULAR PROCEEDINGS AND DEBATE 263
when it can once find an entrance. Let a village issue shin-
plasters and at once every man of business does the same,
and if the orders of counties, etc., were once forced into circu
lation now, we should soon find orders from individuals quite
as plenty. We certainly hope that no village or county will,
after we become a state, be allowed to issue any evidence of
debt, and we feel satisfied that a great majority of the people
will agree with us that it is as unnecessary as it is injurious,
and if there are some who may insist that these orders have
no relation to banking, we can only say that, although the
county does not reap the profit on these bills to obtain a re
luctant, a forced credit, yet there must be some persons Avho
do, or else these evidences of debt would not be for sale and
purchase in the market like depreciated bank notes. If the
persons who make the profit are to be called money brokers,
instead of bankers, be it so. We shall assent to that, the
rather because of late years the connection between banks
and brokers has become so intimate that it is scarcely pos
sible to tell where it is. Let us, then, prevent counties, etc.,
from becoming parties to it, reaping no benefit, and doing in
jury to themselves and those whose property their orders
represent.

THE JUDICIARY AGAIN
[May 12, 1846]
If we understand the Advocate correctly, it proposes to make a resort to
the courts for the attainment of justice expensive, in order to discourage liti
gation. Southport Telegraph.
We are not certain whether it was our fault or not, but we
are not clearly understood by the Telegraph. We do not pro
pose to make a resort to the courts expensive in order to dis
courage litigation. Our objection had direct reference to a
New York proposition that we quoted, permitting all liti
gants to come into court without paying the court fees.

264 WISCONSIN HISTORICAL COLLECTIONS
Those fees we would like to see made as low [as] possible,
and are perfectly willing to bear our share of the loss and
see the amount of legal printing reduced to as low a point as
will be consistent with the convenience and safety of the pub
lic. When the fees are made Ioav enough let the litigants pay
their costs ; for they must be paid by somebody, either by the
public at large or by the parties themselves. Now as the
work done is not, in civil suits, done for the especial benefit
of the public, but of the litigants, we think it is they who
should pay for the adjustment of their difficulties.
Our objections are to making courts open to all while the
public at large bears the expense, upon the ground that the
litigious will avail themselves of the privilege of suing at the
expense of all, while those who dislike a recourse to law, even
independent of expense, will be forced to pay a portion of
the cost. It is, moreover, to be remembered that in nine cases
out of ten recourse is had to law because the parties have
done their business carelessly, and they, therefore, ought to
be the ones who should pay. Our chief objection to the sys
tem was as it would affect the small courts — the pie poudre
courts — where, in case there were no costs, men would rush
in, hot foot, as the old phrase was, and juries would, of
course, be summoned, to the great inconA^enience of the more
peaceable portion of the neighborhood, who would thus be
made eternally the arbitrators of petty disputes. It is true,
we hope, that when Wisconsin is a state, we shall have none
of those courts to perplex us, but knowing how difficult it is
to insure such reforms, however good they may appear to
many, we wish the people to revolve in their minds, not only
the question of no small courts, but the question of how they
shall be made of the least possible injury, if we are obliged
to endure them for a while, feeling, as we do, fully persuaded
that, after a few years at the outside, many of the states will
reject these courts and make small debts actually debts of
honor. We should prefer that Wisconsin should set the ex
ample in this ; but it may be that the convention will not be
prepared to restrict the duties of justices of the peace to

POPULAR PROCEEDINGS AND DEBATE 265
their proper sphere, the punishment and prevention of
crimes and misdemeanors, and the securing of those suspect
ed of them until trials can be had.
We hold that it is every man's duty to share in the burdens
of government, and to take his station on a jury as cheerfully
as he would in the ranks of the militia were his country in
vaded ; but we do not believe he ought to be called out in
either case unless it is absolutely necessary. We have before
said that we consider the right of trial by jury as one of the
most important guaranteed to us, and we consider it not only
important in criminal, but in civil cases ; yet we feel, and we
think everyone must feel, that juries are too often called to
decide upon trifling cases, and that by throwing the courts
open without cost, or rather at the expense of the entire pub
lic, litigation would increase greatly to the discomfort of all
peaceable men.
We believe in economy in everything connected with gov
ernment, but we never shall believe that parsimony is econ
omy. We do not believe in paying men more than they earn
in any case ; but we do believe in paying all men according
to their abilities, and thus holding out an inducement to tal
ent to seek the highest offices of the state, not for the salary
alone, although that must and will have weight, but for the
honor as well as the emolument.
What lawyer of high reputation, of great talents, of splen
did acquirements, who felt assured that he could earn fortune
as well as reputation at the bar, would accept a judgeship
that would barely afford him a subsistence, and leave him at
the end of his career as poor as he began? In this country
there are too many avenues to distinction open to talent, to
leave a hope that men would, for station alone, sacrifice the
solid hopes of fortune, and hopes of fame equally as high.
Yet we do not wish it to be understood that we advocate any
thing like enormous salaries.
We would see a judiciary well paid. We would see our
judges beyond all necessary care for money, with enough to
live comfortably, and lay by enough to provide for their f am-

266 WISCONSIN HISTORICAL COLLECTIONS
ilies in case of death or accident, within a reasonable period,
by the practice of decent economy. We would remove them
as far as possible from temptations of all kinds. In other
words, we would see them independent of trade, speculation,
or politics, and would wish to see the whole country frown
upon their intermeddling with either.
The precise amount of salary to be paid to judges would
of course depend much upon the nature and extent of their
duties and responsibilities ; but the adequacy or inadequacy
of any given sum would depend much more upon the system
introduced into our new state government. If a government
shall be formed that will prohibit all monopolies, discourage
all splendid schemes of either state or individual aggrandize
ment, and introduce among the whole people that proper
economy, true independence, and scorn of outAvard show that
ought invariably to mark the whole people of America, a
small sum will be a competence. If, on the contrary, a spirit
of speculation is engendered by governmental action, a large
sum will only afford a glittering show and a splendid pov
erty. We are glad, very glad, to see the Telegraph taking up this
subject, and trust it will continue to differ or agree with us
on those points that ought to be at this moment discussed
daily by every inhabitant of the territory, until a state gov
ernment shall be formed as nearly as possible in accordance
with the wishes of the whole people. We should be rejoiced
to see every press in Wisconsin devoting a portion of its col
umns, and a large portion, too, to discussions of this kind,
and exerting all the energies of its conductors to lay before
the public the various improvements it would wish adopted.
We know, as a matter of course, that no constitution will
be formed that will suit us, or any one man; and while we
shall feel satisfied as long as the people are, we hold it the
duty of everyone connected with the press to throw aside
minor disputes and devote great space to matters that must
soon be settled for a long term of years.

POPULAR PROCEEDINGS AND DEBATE 267
We learn that we have made some suggestions that have
been made heretofore by the Telegraph, and we are happy to
learn that such is the fact. Our ambition is not to say that
we have started a particular measure but to have it said that
we have been able and industrious in the support of a good
one. We look upon the present situation of the country as one
that demands the energies of all to excite the people to con
stant and temperate discussion of measures, and we feel that
there is a difficulty in this that is not to be found at the eve
of an exciting presidential election, while the importance of
the movement is infinitely greater.
Let us, then, all do our duty, and we may rest assured that
we shall be well repaid by a prosperous future for our exer
tions. We have now but little else to do, and that little is of
no great importance. We shall welcome all into the field, and
shall be happy to follow every lead we may think better than
our own, or to add such suggestions to the projects of wiser
men than ourselves as shall in our opinion render their pro
jects still more useful to the community.

PREVENTION BETTER THAN CURE
[May 19, 1846]
It would be Avell at this period for the people of our terri
tory to look around them at the many constitutional reforms
that are proposed in other states, and see that by their own
state constitution such measures shall be adoped as will fully
guard against those mistakes and faults that have crept into
other communities. It has been too truly remarked that
power is constantly stealing from the many to the few, and it
is against this abuse especially that we ought to guard.
In the state of New York we find most papers of both par
ties anxious to throw more power into the hands of the peo
ple by making more officers elective and less dependent upon
the pleasure either of the governor or the senate; but it
seems to us that even there they do not go far enough. We

268 WISCONSIN HISTORICAL COLLECTIONS
think one important provision in a constitution ought to be
the denial of a power in the legislature to create at pleasure
new offices. Many are occasionally introduced that are at
first thought to be of little moment but turn out in the end to
be not only offices of great profit but offices that tend greatly
to corruption. Indeed, throughout the whole state of New
York office-seeking has been for a few years past a mama
among the whole people ; and few citizens of the state have
not felt inclined to blush at the eagerness with which men
labored to obtain the pettiest offices as well as the greatest.
In addition to the army of justices of the peace, police jus
tices, constables, and deputy sheriffs, the state has of late
years formed a whole army of inspectors, and cities, follow
ing the example of the state, have added to them, so that in
many places it was impossible to buy even a load of wood
without employing a man in authority to decide how much
you were buying. It is useless to say that these offices are
all necessary, and it is equally useless to say that even where
necessary the numbers have not been too great. And these
offices, for whatever purpose they have been nominally cre
ated, have in fact been made to give or to keep in the hands
of the few that power that the whole people of the state have
long been wishing to see placed in the hands of the many.
A convention in New York now proposes, among other salu
tary reforms, to place all this power in the hands of the
people ; and this so far is well : but would it not be still better
were offices to be reduced to the lowest possible number that
could carry on the business of the state, and to fix that num
ber beyond the possibility of increase, unless by the deter
mination of the people, made known by a direct vote, without
any reference to the man who should be called to fill the office
proposed to be made.
We have pointed out the state of New York the more espe
cially on account of its peculiar present position, and because
that state has suffered so much from the continual accumu
lation of offices that the people have found it necessary to
resist the power thus thrown into the hands of the few.

POPULAR PROCEEDINGS AND DEBATE 269
We are now on the eve of becoming a state, and to us it
seems a matter of the highest importance so to reduce the
number of offices that we may avoid the one rock upon which
so many communities have split. If, in the coining conven
tion, the proper provisions are introduced, we may not only
avoid hosts of useless officers throughout the state, but we
may render an increase of offices absolutely impossible, un
less actually desired by the whole people. Every state office,
or almost every one, may be made elective, and the number
may be reduced much below that of any state in the Union.
We want no boards of internal improvement, no inspectors
of necessaries or luxuries, and if we can determine to do
away with the collection of small debts, making them what
they really should be, debts of honor, we should want no
small courts, small court judges, or small court officers. The
justices of the peace would then be, what they ought to be,
only conservators of public peace, and the office of constable
would be one held by good citizens to restrain or punish
crime in those eAdlly disposed.
There will always be in a state sufficient offices to satisfy
all honorable ambition, to spur men on to the exercise of all
their abilities to promote the public weal, and that is all that
is wanted. Every unnecessary office opens a door for intri
gue, corruption, bickerings, heartburnings, and all the curses
that follow, both to the successful and to the disappointed.
The people are never dissatisfied because men of talent are
elevated on account of talent and purity; but when they see
intriguers elevated to office they become at once distrustful
of the institutions they have fostered, and often hopeless of
even the most rational improvements that can be proposed.
When they make all the selections this cannot happen ; and,
moreover, their representatives, being cut off from the power
of assisting men to office, will attend more faithfully and
steadily to the wants of their constituents.
A simple form of government, few officers to execute the
laws, and those few paid well but not extravagantly, will
prevent any great desire to seek office, or to tinker with the

270 WISCONSIN HISTORICAL COLLECTIONS
laws. We want, in a country like this, but few legislative
enactments ; and we want to remove from among legislators
the constant endeavor to make a trade of politics and secure
a support out of the state for themselves and their friends,
either by procuring offices of profit or by enacting laws that
will benefit a few persons, among whom they will of course
be found.
"Purity of elections" is another cry among the older
states. That purity will be best effected by making offices so
few and so immediately derived from the people that no ul
terior object will be sought by parties. It is not the great
measures before the public that lead to frauds. It is the
hopes that voters entertain of gaining by the election of par
ticular candidates. Men Avho would commit frauds at elec
tions would neATer care much about carrying out measures
for the good of the country. Men do not, as a general thing,
seek to bribe people into voting for or against a great meas
ure ; it is only for or against a certain set of candidates. It
is only for a certain distribution of offices that corruption
is used. No one heard a charge made of any corruption in
the state of New York upon the question of convention or no
convention; and yet that question was one of the most im
portant that could have been placed before the public. But
it involved no distribution of offices, and therefore there was
cool consideration but no excitement.
Let us, then, look to other states, not Avith a vieAV of copy
ing them but to prevent the possibility of our falling into the
errors from which they are trying to extricate themselves.
Let us not only avoid their errors, but let us so fortify the
people in power that they will not only be called upon at
stated periods to review their oaati work, but that, if an emer
gency should arise, means Avould be ready to place directly
within their control the whole subject, after that due delib
eration that should always be given to so grave a project
as that of amending the constitution of a state.

POPULAR PROCEEDINGS AND DEBATE 271
JUSTICES' COURTS
[May 26, 1846]
The Janesville Gazette differs from us altogether on the
subject of abolishing the jurisdiction of justices of the peace
in civil cases, contending that such a step Avould prevent the
poor man from enforcing the collection of debts under fifty
dollars, and seeming to think that a moment's reflection
would convince any person that such a course would be pro
ductive of unmixed evil.
We can only say that, although we may be wrong, we have
bestowed not only moments, but days [of] reflection on the
subject, and have also made numerous inquiries among poor
men as to the effect of the present laws of collection; and
both reasoning and the results of these inquiries convince us
of the great benefit that would be obtained by abandoning
the present system.
Many intelligent men refuse to sue for small debts on the
ground that they cannot afford it; and unless the debt is
very near the amount of fifty dollars it is in nine cases out
of ten a loss, even when recovery is certain and the debt can
be collected. Loss of time by adjournments, by actually try
ing the case, loss of expense by fees to lawyers, and by the
trouble of hunting up witnesses, and by the many other un
avoidable annoyances make even success of doubtful benefit,
Avhile losses by want of witnesses, by the forgetfulness of wit
nesses, by accidents of various kinds — and there are many of
them — combine to make many other suits greatly detrimental
to both parties. Besides this, we all know that of the many
executions on the dockets of our justices few indeed are ever
satisfied by the payment of the sum recovered, and of those
few a majority are paid at so distant a date that the plaintiff,
had he known how long he would have been obliged to wait,
would never have commenced the suit.

272 WISCONSIN HISTORICAL COLLECTIONS
Of the suits in justices ' courts, many are commenced in a
moment of passion and abate when the passion has cooled
off. Many get in judgment, it is true, but no farther, be
cause the plaintiff finds he cannot collect if he tries. The
dishonest man can almost always get rid of paying, while the
honest man will almost always pay as soon as he can without
suit. The truth is that the whole system has proved a fail
ure. These courts were instituted for the benefit, perhaps,
of the poor man, but they have proved a failure and only
assist others, while they actually injure him.
The editor of the Gazette seems to think that an appeal
to the honor of employers would be [of] little avail in any
case. There again we differ from him very widely. We be
lieve that now such an appeal is futile because an answer has
become so pat in such cases, and it is, "Well, you have your
remedy, there 's the law, ' ' and a very poor remedy it is. Let
there be no remedy and men for their own sakes will look
more to the character they might obtain from their laborers.
They would feel that, unless they had the reputation of deal
ing justly, they could never command labor at the time when
it would be most valuable to them, when all things were hur
ried. They would seek to maintain a high character for
punctuality and justice, knowing that it would enable them
to have work done with greater punctuality and truer econ
omy. It is well worth noticing that, the greater legal restrictions
you throw round men, the more they neglect the simple com
mands of justice and honor and satisfy themselves with liv
ing up to the mere letter of the law. Where they can legally
evade a payment they will, where they can even put off one
they do so, and even when they feel the injustice of their con
duct, they apologize by saying that it is to punish the man
for having sued them ; and that, as the plaintiff took advan
tage of the law to collect his debt, they have a right to take
advantage of the delay the law allows to put off the payment.

POPULAR PROCEEDINGS AND DEBATE 273
But the strongest proof of the inefficacy of these courts
is the reluctance with which (even now, when men have no
other dependence) the best of our citizens approach them.
You may seek out every good man in the country, every man
who is willing to pay when he oAves, sure to satisfy all by his
punctuality and workmanship, who is noted as an excellent
citizen and as a prudent, cautious man getting along in the
world well, and you will find him the man who refuses to
resort to these petty courts, preferring a small loss in money
on settling a demand to a large one in time, and — we must
say it — also in character. Now the pig-headed, litigious fel
low, who never gets along in the world and never gives satis
faction in any job he performs, is always the man who re
sorts to these courts, who will never give up his rights, how
ever doubtful they may be, to others, and Avho Avill never pay
until eighteen men have declared he must, and who will even
then boast that he can "beat the plaintiff on the execution"
— he is the man who is admirably suited with small debt
courts. It gives him an air of importance, an excuse for
being extremely busy in doing nothing, and frequently
teaches him in time a few terms of practice and a few tricks
to stave off suits that enable him to talk, as he thinks, very
learnedly about law, and that in the end bring him into a
scrape that gets him laughed out of town, to run the same
career in some far off place. He learns at last the truth of
a French saying that "a man may be more cunning than his
neighbor, but it will trouble him to be more cunning than all
his neighbors."
We consider, then, small courts as a nuisance. We con
sider them alike injurious to the public and to the legal pro
fession. We would like much to see them done away with,
and we know we shall see that. We would prefer Wisconsin
should set the example, for we know she will follow it when
set ; and that will be before much time has elapsed.
Courts of chancery generally refuse to take cognizance
of suits where the property in dispute is under one hundred
18

274 WISCONSIN HISTORICAL COLLECTIONS
dollars, and courts of law would do well to follow their ex
ample. It would be a deathblow to the present credit sys
tem, and that would be one good thing, and it would create
a credit system where the claim to confidence would be based
on a known character for probity, which would be a much
better one yet. We have spoken before of the saving to the
community at large, and will not repeat ; but we must add
that few look sufficiently to the importance of relieving the
community from this immense tax. A tax on their time as
witnesses, jurors, plaintiffs, and defendants, and a tax
on them (and on the most industrious it falls the heaviest,
as all taxes do) to support constables, justices, and unfledged
(and never to be fledged) lawyerings, who live and die in the
petty courts alone. FREE BANKING
[June 2, 1846]
The Wisconsin Argus objects to free banking as well as
any other, saying it would as soon be shaved by incorporated
shinplasters as by individual trash.10 So would we ; but we
do not want to touch either. When we speak of individual
banking, we speak of that free banking that we are inclined
to think cannot be properly suppressed by law, and can, of
course, do no harm.
Every man has a right in our opinion to issue his note of
hand, and it is of but little consequence whether it is printed
or written. If, in addition, he can convince men that his
promises to pay are trustworthy, we hold he has a right to
do so, and has established the only kind of bank that we can
not refuse existence to. We do not ask men to do this, nor
do we wish to see any man's paper make a currency, hoAvever
limited its circulation may be, but still, believing it to be one
of his proper rights, we say let him exercise it. Whenever

1 For this article see post, 444.

POPULAR PROCEEDINGS AND DEBATE 275
you take any right away from a man, however unimportant
it is, you may be sure you have given someone else a privi
lege he ought not to have had, and that has of course done
injury to the mass of the people. Incorporating banking
companies was in fact the mode by which the individual sys
tem of banking was destroyed, and the Avorld has suffered
enough to throw away privileges and return to rights.
We have no fear that at the present day free banking will
ever be able to furnish currency. We believe it will only
supply the place of exchange, and take the position that
shaving brokers have usurped. We believe that individual
bankers will exist and that their paper will be furnished to
merchants for exchange, either in the shape of bills on each
other or in the shape of individual notes ; and this will be a
proper business, and one to which no one ought to object.
It may be that men will be enabled to make a currency, and
we can only say so be it. We hate banks in any shape with a
tolerably bitter hatred ; but if a man can make his own notes
so good that his neighbors choose to take them as money,
Avhy we cannot object to it. If their confidence rests in his
property, very well, if in his honesty, better yet ; if in noth
ing at all, it is their lookout. They will not be obliged to
take his paper because when there are no incorporations
there will be enough specie for circulation.
To us it seems necessary, before passing any law, to ask
whether there is in it anything that restricts a man in the
exercise of his natural rights, or anything that favors a set
of men, or a man, improperly. If either is the case the law
is wrong. In banking laws we have been giving privileges
throughout the United States for many a year ; and bitterly
have we paid for it. Losses upon losses have been borne by
the poor because they were unable to help themselves. They
were obliged, not by law but by the effect of law, to receive
bank notes as coin ; and, although they had little confidence
in them, still the very legislation that made them a currency

276 WISCONSIN HISTORICAL COLLECTIONS
made them hard to be come at by the very poor it was pre
tended they were to assist.
At the present time there is a mixed currency here ; and
people touch the paper part of it as if it was remarkably
hot. Your most inveterate bankite will pocket the silver and
hand over the note to pay his bill. Your merchant will at this
moment prefer a produce draft to a bank bill, and that is
equivalent to saying that he prefers the bill of a private
banker whom he can trust of his own knowledge to the bill
of an incorporated shaver whose only character is derived
from an act of the legislature, and has at last become about
as bad as it well can be.
The Argus hopes we will not consider it over ultra. No,
we will not. What has generally been called ultraism has
been the very place we were sure to stick in. Leggett was
ultra, and we stuck closer to him than to anyone else we can
remember. No. We are ultra and obstinate, and we hope to
remain so ; that is, we mean that the timid and conservative,
as they style themselves, shall call us so. If a man means to
do any good in the world he must be ultra, he must go beyond
those around him, and must expect to bear sneers and to feel
rubs, and he must also learn to be obstinate enough to care
but little about them.
We have got somewhat tired of the common cant about
ultraism. Ultraism and reform are precisely the same
thing ; and it is only the miserably timid, who fear every
change of breeze, that fear them. We ought in this country
to aim to reform, at ultraism, for years to come. The gov
ernment of the country Avas ultra and was condemned as such
by all Europe. Bonaparte Avas ultra in his notions of fight
ing and he beat all Europe by his very ultraism. Who would
not be ultra in good if he could? Who would not go beyond
others to do good things? This is all that ultraism means
and it frightens none but the timid.
Geology was ultraism once and the whole church was
afraid of it. Now it is to be learned by everyone. Astron-

POPULAR PROCEEDINGS AND DEBATE 277
omy was in the same position. Everything that is good has
been at some time denounced as ultra ; but then, it is true,
the denunciations come from the weak alone, from those of
whom St. Paul says that they must be fed with milk and not
with meat. They come from those who dare not believe, can
not think.
We like to see people earnest, to see them state their opin
ions strongly and defend them boldly. We would ten times
rather argue with a bold, obstinate man than with one who
will half agree with us. The latter we have no hope of, the
former we may convince, and if we do we gain over a man
who will fight for us as hard as he fought against us.
THE SCHOOL FUND
[June 16, 1846]
Whatever disposition may be made of the school lands,
whether they are made a state fund, a county fund, or a town
fund, they ought to be declared by the constitution a sacred
deposit, and if by accident they should become diminished, a
direct tax should at once be resorted to to make their value
good. We all know of how great value to a state is the education
of the children of the Avhole people, and we likewise know
that a liberal fund provided for such purpose is a great econ
omy to the people at large. If knowledge is wealth to its pos
sessor, the knowledge of a people is a still greater wealth to
the state, tending not only to advance all in the race of im
provement but to diminish crime and excess and to give peo
ple a resource above the mere thirst for wealth, that too often
urges men to drive a state into expenditures they themselves
would avoid as imprudent and useless.
For ourselves, we confess we should consider separate
school systems better than one great state system with all its
machinery at the capital, and with the interest removed from •
the people. We do not insist that a state system must be bad,

278 WISCONSIN HISTORICAL COLLECTIONS
but it has some very strong objections. Among them are
these. The superintendent has too much to do to oversee all
the schools of the state. The Avhole machinery is too far
removed from the people. The supervision of the common
schools does not excite enough interest at home. The money
is not generally funded to the best advantage. Donations
are seldom made because a small sum Avould seem too pitiful
to swell so large a fund, and none but rich, very rich men
could afford to make one that Avould.
We are not now going to argue the question whether the
whole lands ought to form one common fund for the state, or
whether each section ought to be applied to the use of its own
town, because we know that this must depend much upon
feeling, and must probably be settled in the end by conces
sion. We wish, however, to impress upon the people the ne
cessity of thought upon the subject, and would suggest that,
however the lands mayT be disposed of, either a county or
town system, by division of funds, or by aggregation of them,
would be preferable to a system too extended, provided that
either the toAvn or county be made liable for the funds and in
case of its diminution, either by dishonesty or carelessness of
officers, be forced to impose upon itself a direct tax to make
up the amount. This would oblige us to appoint trustworthy
officers and to take such security as should be reliable, and
would ensure the safety of the fund in any event, while it
might be increased in various ways, and the increase would
be secured in the same manner.
We look at small school organizations as the most profit
able on many accounts. The whole matter is under the im
mediate eye of the people and any one organized district,
whether it be county or town, can be allowed to tax itself by
vote as much as it chooses and make a fund ample enough
for its own desires. Men who have the means can give to the
fund and will see the benefits that accrue from the gift.
Wherever the best organization is, that place will be held up
as a model to others, and thus a strife for excellence will be
engendered throughout the state that will do infinite good.

POPULAR PROCEEDINGS AND DEBATE 279
A greater interest, a greater pride will be taken by all and
everyone who has the means will be anxious to do something
for schools. Many, too, may seek popularity by a liberality
towards this great object, and even though their motives
may not always be as pure as they ought to be, still they will
do much more good by such means than by the lavish expen
ditures often thrown away upon elections.
We look upon the future excellence of our common schools
as of the greatest possible importance, and we hope all will
agree with us that they should be made as excellent as our
abilities will allow. The fund from the school lands is a large
one itself, if it is only taken that care of that men would take
of their own property. One thirty-sixth of all Wisconsin is
set apart for schools, and surely if we take care of that it
will form a very large fund. We all remember, though, that
this same proportion has been wasted elsewhere, and we
should be jealous lest a single acre of it here be thrown away.
It was given for a great and holy purpose. Let it never be
said that the people of Wisconsin have diverted the smallest
portion of it from the object for which it was intended. That
object, in our opinion, was common schools.
We hold to common schools, and common schools alone —
no academies, no colleges out of this fund. It was set apart
for the education of all the people — not a select few. You may
have as many higher institutions of learning as you please,
but let them not be paid for out of this fund. The fund is
large but not too much, and you have no right to use it for
anything but common schools in any event. Make the com
mon schools as good as possible, let the sciences be intro
duced among them if they can afford it. Let your school
master be paid as high a salary as his talents deserve.
Spend your money freely, liberally upon common schools,
but do not fritter it away among institutions that cannot be
brought into general use. The fund was intended for schools,
for schools for the people generally, or in other words for
common schools, and to them let it be restricted, for to them
it belongs alone and the diversion of it is dishonesty.

280 WISCONSIN HISTORICAL COLLECTIONS
Begin to teach as you ought ; begin at the rudiments, and
when you find that the whole people have the means to ob
tain a good, scientific, English education, you may then raise
your common schools to a higher point, introducing French,
Spanish, German, and the dead languages if you choose.
"But," many will exclaim, "this is impossible ; ten times the
fund would not do all this." Very well, then, do not divert
it, let it be our common school fund, let it belong to the peo
ple, not to a feAv, and let it make the schools as excellent as
it will, and then be sure they will-keep improving until your
select schools will have to give way to them and the children
of the whole state will commence their educations together.
Colleges you may have — as many as you choose — but not
out of our common school fund. They are not, and cannot be,
of course, much benefit to the many, to the poor ; and the rich
can afford to institute them by their own means and in their
own way. If you once see that men are well grounded in a
common school education they will find the means to procure
such other knowledge as they desire. Colleges are doubtless
an assistance but they assist only a few, whereas common
schools well digested, well taught, give to all that desire for
learning that alone will teach the way to do it. The rudi
ments are the most difficult part, the first steps the most de
sirable, and it is to direct these that our efforts should be
mainly used. When we have men well grounded, they can
assist themselves with comparative ease.
But the constitution should see to the perfect safety of the
fund in any event, taking care that all waste should be re
paired by immediate tax, making the whole state liable for
the integrity of the fund and directing the state on subdivi
sion to make the districts subdivided liable in the same way.
In this manner a sure fund will be provided to meet the
wants of the community and to increase those wants. In
crease the wants of education by increasing the desire for it,
and you make men avaricious of the only property a legisla
ture should desire to increase to excess, the riches of a well
educated mind.

POPULAR PROCEEDINGS AND DEBATE 281
BIENNIAL SESSIONS
[June 30, 1846]
We observe that this measure is attracting considerable
attention throughout those states which are about to revise
their constitutions. In New York there is a strong party in
favor of holding sessions of the legislature every other year
only, and if with the great business of that state such an in
terim between legislative sessions could be allowed surely it
might be done in those states that have not so much general
business, and no heavy system of internal improvements to
fill the legislative halls with petitions and politics.
We should certainly prefer biennial sessions and we be
lieve that almost all would also prefer them could they be
convinced that the country would not suffer for want of leg
islative action ; and of that we think there can be no danger
if we discard from our legislative halls those abuses that
have been creeping in year after year, from the increasing
disposition of legislatures to interfere with all private con
tracts and to give to certain individuals and certain corpora
tions privileges that may be denied to others. In the very
act of incorporation of a city or village there is constant
lobbying, constant additive powers given, and almost always
powers are vested in these bodies that are at variance with
the feelings of the people, and often with the pure principles
of justice. Property is taken from individuals in a most
summary method, and they are almost as often assessed as
heavily for an injury inflicted as for a benefit conferred.
This is wrong, and we do not think there is any good reason
why such corporations should not all be embodied in a gen
eral law so that, under certain restrictions, these communi
ties that chose might enjoy them, and all might be upon an
equal footing. Property should never be taken unless for
the general good, and then of course it could not be enjoyed
by one more than another and all would feel the necessity

282 WISCONSIN HISTORICAL COLLECTIONS
and submit willingly to a deprivation for which they would
be fairly compensated.
The business of legislation can be made infinitely less than
it has been for years past and then biennial sessions will be
preferable to annual ones, but in order that this shall be done
it must be made of no pecuniary advantage to legislators to
protract- their sessions. A suggestion in the Democratic
Review that legislators shall be paid a certain salary quar
terly during the term for which they are elected, without
reference to the time of service, not to be diminished either
in illness or on account of resignation, strikes us as the best
proposition we have seen. This would induce men to labor
during the session that it might prove a short one, to dis
countenance party resolutions that always consume time and
engender bitterness of feeling, to pass laws that should be
invariably general, and would prevent a multiplication of
useless statutes — in short, to do their Avork as if they Avere
sent there by the people and not merely to gain a little
ephemeral distinction for themselves.
Another suggestion from the same periodical seems to us
all important. It is that no law shall be passed remunerat
ing an individual for accidents or misfortunes that have hap
pened to him Avhile fulfilling a contract for the state. Indi
viduals do not do so in their private transactions and the
agents of the state ought to be quite as particular. This
might in some cases prove a hardship but when the practice
is indulged in, as it has been among all the old states, it
proves constantly a hardship to the whole people and opens
a door for the most extensive corruption and favoritism.
Nor are the hardships of these cases done away with for al
though many may be saved from loss yet there are many
more, and generally the most meritorious, who, after dancing
attendance upon the legislature for years, not only find their
first loss confirmed but have added to it a loss as serious of
time and of temper, and have also become disgusted with
the government under which they live.

POPULAR PROCEEDINGS AND DEBATE 283
Throughout the United States there is at the present mo
ment a strong disposition to reduce all legislative proceed
ings to a greater simplicity than has obtained for many years
past. Men have seen the internal improvements of states
almost destroying their energies and their integrity, and
they are beginning to think that the best plan is never to
force upon a country those improvements that must come of
themselves when they are wanted. Where capital can be
profitably employed there it will come, and although the ac
tion of the legislature may hasten the advent of some exten
sive system of improvements, it can very rarely do any good,
and must almost always lead to the ruinous consequences we
have seen in Michigan, in Illinois, and elsewhere.
Wisconsin must ever be an agricultural state, with the
addition of a strong mining interest. It wants no state pro
tection for any of its interests. It wants no laws to build up
A^ast bodies corporate, whose interests shall be diametri
cally opposed to the body of the people in their employ. It
wants few laws, but wants those to be readily understood
and rigidly enforced. It wants but feAv state officers, and
those elected by the people. It wants no central appointing
power to rule by corruption that will gradually creep in.
It wants no useless offices, no idle officers, and above all none
of those situations that call forth crowds of office-seekers,
who wish only to secure to themselves either large salaries
or opportunities to enrich themselves by means inconsistent
with the welfare of the state and often with common honesty.
With a strictly defined constitution, and one that shall pre
vent the passage of useless laws and the creation at the
pleasure of the legislature of useless offices, biennial sessions
would be sufficient for all our purposes, and they would also
be short. The people would be spared the constant search
after good men to represent them, and the constant mortifi
cation of finding the men they had chosen were more bent on
personal aggrandizement than on the performance of their
duties. Without such restrictions it would be useless try
ing to avoid the annual long sessions of other states, and use-

284 WISCONSIN HISTORICAL COLLECTIONS
less to hope to exclude that mere partisanship that has so
long mingled with state elections everywhere.
We do not wish to see politics excluded from our state
for we feel certain that the checks of parties on each other
are highly beneficial, but we wish to see acerbity of feeling
lessened, and argument resorted to by men, rather than irri
tation. All know that it is upon trifles most generally that
the quarrels are most bitter, and that the usual weapons of
partisan politicians are recrimination and abuse. There is
too much done nowadays by legislators, and each act calls
out the bitterness of party feeling. Let sessions be short,
let them be held every other year, and men will argue more
coolly, will avoid excitement, and will settle more generally
upon those things they wish done.
Of course the governor should have power to call an extra
session when he chooses, but as this would not produce extra
pay or hold out inducements to do more than was necessary
it would be called as seldom as possible, never without a
strong necessity, and would end with the consideration of
the special measure for which it was called.

AN ELECTIVE JUDICIARY
[ July 14, 1846 ]
We copy from the Wisconsin Argus a long article on the
subject of the Judiciary,11 in which the elective mode is con
demned as insufficient and dangerous. We do not agree with
the writer in his positions, but many of our friends do, and
we therefore think it right to lay the subject fairly before
our readers for consideration.
We always approach this subject with a feeling of hesita
tion, for it is one of the most important for a new state, it
is one we should much fear to see abused, and while the truly

"See post, 473 article on "The Mode of Selecting Judges," from the
Madison Wisconsin Argus, July 7, 1846.

POPULAR PROCEEDINGS AND DEBATE 285
thinking men of all parties and all professions disagree so
entirely on the subject it would seem to us that every man
ought to hold his own opinion with some grain of doubt,
while he should consider the opinions of others entitled to
much respect.
The Argus states truly that our system of government,
except only at primary meetings and in the election of very
few officers, is not democratic but representative. We do
not have a direct voice in the choice of our legislators be
cause they must be nominated in some manner by agents and
must be supported as party men. Yet we do not see that
this is more an objection to the election of judges than of
many other officers.
To our minds the great desideratum is to get judges who
will hold themselves above politics, whether they be ap
pointed or selected, and if anyone will shoAv us how that
object can be secured we will give up all our own favorite
ideas and adopt his. We want to see the best men among
us on the bench, and we want to see those men so well paid
that they may feel willing to remain there.
There is one thing, however, that seems certain to us, and
that is, our convention will be much governed in this mat
ter by the state of New York. If the men in that conven
tion think they dare run the risk of the election of judges
by the people we do not doubt that it will increase the feel
ing on the subject here, for most of us feel satisfied that in
an agricultural state, where cities are few and large villages
rare, people will always elect better men, whether for the
bench or the legislative halls. If, on the contrary, New
York, after cool deliberation, shall decline making the
change, many among our people, who have been long doubt
ful, Avould be decided against the measure as one that had
been condemned by men of ability.
If it were only among lawyers, even eminent lawyers, that
an opinion adverse to an elective judiciary was held, we
might set it down as professional prejudice, but this is not
so. Lawyers do not stand alone. There are many of our

286 WISCONSIN HISTORICAL COLLECTIONS
best and purest statesmen who shudder at the idea of an
elective judiciary, while there are others who believe it to be
the simplest and best mode of choosing the purest and most
capable men. For ourselves, we must acknowledge that we
cannot see the danger in the elective system, while we would
not be certain that a better might not yet be brought out.
The many systems to be laid before the New York con
vention will soon be fully canvassed, and it is to be expected
that some one will become the great favorite there, and if
so we must canvass it on its own merits, as the one we will
be most likely to adopt, with perhaps some alterations to
suit the difference of the countries.

CURRENCY: USURY
[ July 21, 1846 ]
A Mr. Godek Gardwell as he styles himself (but whether
the name is a real one Ave do not know) has sent us a long
paper on the evils of the currency and the remedy for those
evils, and requests us to publish such parts of it as we may
deem fitting or else to give a synopsis of the whole. We
must decline doing either. We will, however, notice his grand
panacea, which is that the government should establish a
grand safety fund for the people, whence all who wanted
money and could give security might borrow at three per
cent. In order to prove how entirely all this might be done
Mr. Gardwell goes into a long account of figures, which we
doubt whether he understands, and know we shall not at
tempt to.
Currency tinkering seems to be the besetting mania of a
portion of the people of this country, and each has his great
plan by which some kind of money can be made safe and
plentiful. When Pitt had increased the national debt of Eng
land to so great an amount that people became frightened
lest the government might fail there were hundreds of treat
ises spawned each year to prove how easy it would be by

POPULAR PROCEEDINGS AND DEBATE 287
this plan, by that plan, and by t'other plan to pay off the debt
with very little expense and no inconvenience to the people.
To us it appears that the two projects are about equally
wild. You cannot pay a national debt without taking the
funds from the people. You cannot make money plentiful
by legislation without doing injustice somewhere, and in the
end everywhere. You might, indeed, force the half dollar
to pass for a dollar by a law, but we all know this would be as
foolish as wicked.
From fifteen to tAventy states of this Union have been for
from thirty to forty years past mainly endeavoring to form
safe systems of banking, and not one of them has yet suc
ceeded. The talents of our first statesmen have been em
ployed in the Avork, common sense has been brought to its
aid, experiments after experiments have been tried, but all
have failed. With these facts before us is it not fair to pre
sume that there is something radically wrong in these at
tempts to force a currency — that it would be better to aban
don the whole matter in despair?
A large party in this country considered for a long time a
United States bank as the only reliable currency maker that
could possibly be formed, and many think so yet, but the
question was brought before the people, the bank wisely, as
we think, condemned, and although many differ from the
great majority on the question, still Ave believe there are few
who do not agree with us that it would be utterly impossible
to revive the institution.
To us it seems evident that no panacea will ever again find
favor in this country. The precious metals must sooner or
later become the currency and exchanges be made by mer
cantile enterprise and depend upon mercantile credit for the
credit of the paper. Such is, in fact, the case now, among
all business men.
It is true we have bank paper, but it is little used for ex
change ; it is in fact only used because the banks have power
to force it into circulation among the mass of the people. It

288 WISCONSIN HISTORICAL COLLECTIONS
has very little credit of its own and every day is taking from
that little.
In its best days the United States Bank was a convenience
to merchants, and so in good times is any bank. It is in hard
times they fail, only then. It is when you want assistance
that you cannot expect it. When you do not want it, it is
proffered to you liberally. Now we think that no sort of
tinkering can do the least good, and we hope it will always
be discouraged. Safety fund systems, banks, fiscalities, and
all such things are getting to have an odious savor, and we
believe few even of those once strongly in their favor would
care to see them revived.
Usury is another matter that has attracted much attention,
produced many stringent laws, and caused those laws to be
repeatedly broken by the very classes they were intended to
protect. Indeed, a man who pleads usury is, in nine cases
out of ten, looked upon with contempt. Now, a law that is
thus treated has something in it fundamentally wrong ; and
while in the present state of things we cannot point out a
remedy, we still think if the currency were once regulated by
not being regulated at all, the protection against usury would
be much less needed, if it were needed at all.
Usury in all the states is the same, that is, taking unlawful
interest, and is a crime, but the difference of interest that
may be taken in the different states is very various. In the
eastern states it is a crime to take over six per cent on loans.
In New York this is not a crime, but it is to take over seven
per cent. In Louisiana ten per cent is, or was, allowed, and
here a man may take twelve per cent, or double the rate he
may take in New England.
Thus, when the legislator is making a law to declare usury
a crime, he has first to say what amount shall be allowed,
and to do this he has to look to the wants of the country.
After the law is once made it is stable, but the value of in
terest is not, and while the law here might declare six per
cent to be the rate, ten might be profitable to the borrower,
and yet the very next year he might not wish to give even six.

POPULAR PROCEEDINGS AND DEBATE 289
We are strongly of opinion that the laws against usury,
where there are no banks, might be done away with. At all
events they ought not to apply to more than the excess of
interest; and even if the usurer were to be punished for his
crime, the man who agreed to give usurious interest ought
not to be rewarded for his wrong doing. He at least ought
to be obliged to pay the money borrowed with legal interest,
and if a penalty is to be paid let it be paid by imprisoning
the wrongdoer or by mulcting him for the benefit of the
people. We feel a strong confidence that with no banks in our
country, in our state, with products which bring cash from
abroad, with widely scattered independence, the usurious
loaning of money would soon be done away with. At pres
ent it cannot be for there are many causes at work that force
men to require moneys for short periods at vast sacrifices.
Those causes, however, are fast wearing away, and in a few
years will have mostly disappeared. Then, without banks
to get mortgages on real estate, and with a surplus of prod
uce to part with every year, we doubt whether it would
[not] be more profitable at least to throw aside for a while
all restrictions on money, even that of usury.

THE CONSTITUTION
[ July 28, 1846 ]
We are happy to find that almost all the papers in the ter
ritory are discussing the points of the new constitution. It
is well that so much interest is felt in it, but it would be still
better if men would remember that while a good constitution
is one of the greatest blessings, yet, to be good, it must not
be expected to embrace too much or to possess too little.
The matter of the judiciary is one of the most important
and has been discussed perhaps more fully than any other ;
but there are some who seem to us to go too far in deeming
that the constitution should do away with the abuses of the
19

290 WISCONSIN HISTORICAL COLLECTIONS
common law and of practice. If this can be done at all, and
we think much may be done towards it, it is to be by the in
troduction of a code of laws that shall have been formed
after long deliberation, and adopted after a full investiga
tion by the legislature, and then we may rest assured that it
must be amended constantly by subsequent legislation.
Rules of practice must prevail ; they may be bad now, but
still they are necessary, and no constitution can be amended
with much ease unless all its value is destroyed.
A constitution is intended as a check upon legislators, for
bidding them to enact improper laws. It is approved by
the people as a check upon themselves, forbidding them in a
year of passion from destroying restraints which they know
are wholesome. A constitution is a general declaration of
what is morally right and what is morally wrong, and is to
be set before legislators as a warning for all time, and a first
spring whence all their laws are to proceed, or by whose rule
laws may be repealed. It is true that with a constitution
that contains proper judiciary provisions there will be less
difficulty in adjusting all the minor details of law. In most
states there are too many courts, and they are too frequently
resorted to one after another, thus employing two or three
sets of jurors and two or three benches to carry up to final
trial a case that all knew from the commencement must be
decided by the interposition of the highest court in the land.
Incorporations may be guarded against by the constitu
tion, and thus the quarrel for banks or public works put a
stop to until the constitution shall determine either by a call
for a new one, as in New York, or by a constitutional call
after a certain period, Avhich we hold to be the best plan.
Another provision talked of in other constitutions and
that certainly should be introduced in ours is to make the
state as liable to be sued as an individual. The old doctrine
that the sovereign state can do no wrong seems to us as un
tenable as the divine right of kings ; and we can see no rea
son why a man who has a just claim against a state should
be forced to become a humble suppliant to its legislature,

POPULAR PROCEEDINGS AND DEBATE 291
where want of time, violence of political feelings, and a
thousand other things may affect or destroy his right, when
a legal enforcement of his claim could be guaranteed to him
and a justice done both parties with more certainty and much
earlier. All the provisions of the constitution should be brief, clear,
and general, and the greatest care taken that none will be
introduced of so doubtful a character as to render it neces
sary to amend the constitution by ridding it of them. We
may be obliged in a new country like this to make in time
some additions, but we should take care to introduce noth
ing that may tempt men to evade the constitution and plead
the miserable apology of expediency.
When expediency is once made a rule the chief value of a
constitution is gone. The spirit of the instrument ought to
be kept always in view and the whole people ought to be will
ing to endure the extremity of inconvenience rather than in
fringe one particle of it. Provisions ought to be made for
amendments, but they ought only to be used on extraordi
nary occasions.
It is proposed in New York to allow all men over eighteen
to vote. We think this is wrong and hope no such provision
will be introduced in our constitution. If you choose to de
fine who shall be voters, well and good; but do not extend
this right to such young men for their own sakes. If they
are fit to vote they are fit to be entrusted with property and
all other civil rights, and we all know that when such very
young men are allowed to be their own masters they are too
often ruined by it.
The age of twenty-one is as early as a young man ought
to enter into business or politics ; and the argument used that
young men are generally of purer feelings than men of more
advanced age, if true, is certainly as true of boys much under
eighteen, and Avould at length bring you to the selection of
voters as soon as they can read a newspaper well enough to
know the difference between parties. Besides, this argu
ment would teach us that nearly all men keep growing worse,

292 WISCONSIN HISTORICAL COLLECTIONS
and that after a certain age they ought to be debarred the
privilege of voting on account of age alone.
The argument, however, is incorrect ; men improve oftener
than they deteriorate. There is many a man who, fifteen
years ago, would have thought it a cunning thing to have
slipped in an illegal vote, who would now be ashamed to con
nive at the admission of one for his own party.
The profligacy of politicians results from the too great
power to give office that falls in their hands when they hold
office, and here the constitution can interpose a check.
Every possible office that can be made elective by the people
should be made so ; and there should be as few officers as it
is possible to conduct business with. No corrupting central
power should be tolerated, and to every office, whether elec
tive or not, a certain salary should be affixed that could not
be increased. Offices with fees to them should be abolished,
or rather the fees should be taken away and a stated sum
paid. When fees are paid the people are often much deceived,
and find out in time that they have been paying an enormous
tax for very small services. Inspectors, clerks, registers
often receive more pay than governors or judges, and then
perform their duties mostly by deputy. A short clause in
the constitution would prevent this mischief, and if a legis
lature had to affix a salary openly whenever an office was
made it would prevent much unnecessary office-making.
We intend to resume this subject at an early day and shall
soon begin to watch with interest the proceedings of the New
York convention as its plans begin to be matured. We all
feel that if her constitutional provisions are good, we shall
adopt them with such modifications as may suit our different
conditions; and if they are not, we shall feel much disap
pointed, and have more to do in our own territory to make a
good constitution.

POPULAR PROCEEDINGS AND DEBATE 293
THE CONVENTION
[September 23, 1846]
The immense Democratic majority now ascertained in the
convention gives the fullest assurance that Democratic prin
ciples must rule and that the constitution may be made as
thoroughly Democratic as that of any state in the Union.
Yet, in order that this may be the result, it will be necessary
that there should be a proper spirit of compromise on almost
all the provisions that are to be inserted in it.
That this can be the case there is no doubt, but in order
that it may, no man must go there so filled with his own par
ticular notions that he can consider no one else near right.
If he does, however good in themselves may be his own no
tions he must become a mere mischief-maker, and a mere
consumer of time for purposes worse than useless. Indeed,
he will not only induce all to look upon him with ill feeling,
but he will risk the loss of even those very measures that he
looks upon as, and that perhaps are, the most important to
the new state.
No two men in the territory can agree upon a constitu
tion; no two men can agree even upon more than half a
dozen of the leading articles to be engrafted in it. How then
can any one man expect that a whole convention can agree
with him even upon one single leading measure precisely as
he brings it forward? Or how can he suppose even a ma
jority can be brought thus to agree with him?
There are a few of the leading Democratic principles that
will be at once approved of by all, but even on these there
will be found differences of opinion. On the subject of banks,
for instance, and incorporations, generally, it is probable
there will be but little difference of opinion, but even in these
there will be some. The most stringent provisions against
them will in all probability be adopted, but we may expect
that many Democrats will evince some timidity lest they

294 WISCONSIN HISTORICAL COLLECTIONS
may drive away foreign capital, — a timidity in which we do
not share in the least, but which we feel satisfied yet exists.
On other questions there will be much wider differences,
and many will introduce hobbies of their own that they will
be surprised everyone else is not willing to ride as madly
as they are. Everyone will see his neighbor's folly if he
has one, but none will be Avilling to OAvn that he is in the same
case. Now, in order that a convention should be harmonious all
should be willing to concede those matters they consider not
of vital importance, and none should insist where they see
that their obstinacy will only produce ill feeling; for they
may rest assured that such a course will endanger much that
is of importance, and that, too, for no earthly purpose ex
cept to make it evident they cannot drop an idea until the
last, however hopeless of its adoption, and when they know
they are losing all chance of being useful in future by their
pertinacity and wasting the time of a convention that must
by the necessity of the case be of short duration, and that
ought to be the Avhole time earnestly employed.
We have one great fear that we may as well mention now
as at any other time. We fear that there will be too many
men in our convention who will think that all sorts of matters
are to be incorporated in it, who will think it ought to be a
code of laws, a system of morals, and a full plan of state
government, and that these men will bring forward many
wild schemes that will waste much time in their disposal,
create necessarily some ill feeling, and make a sad waste of
labor. A constitution is to be only a few fixed rules to guide and
to restrict legislatures, and a few declarations of strict prin
ciple to show what all are to be guided by. If this is over
passed you instantly place your constitution in danger. You
make a constitution that the necessities of the state must
break, and that, therefore, becomes worse than useless. You
may define the duties of a judiciary, number under certain
restrictions the officers, say how far the legislature may have

POPULAR PROCEEDINGS AND DEBATE 295
it in its power to interfere with the powers and duties of
certain portions of it and where the legislature may not be
allowed to interfere, but you cannot prescribe in a constitu
tion rules for practice or forms of law of any kind. This
may be done afterward by legislative enactment, by even
adopting a code if you choose, but cannot be done by consti
tution. The judiciary is one of the most important subjects to be
considered, both in reference to the number of courts and
judges, to their mode of selection, whether by appointment in
the various ways or by election, and to many of the duties
the courts are to assume, but in all countries there must be
a door open for necessary change, and in ours the necessary
changes must be made by the legislature.
It is to be remembered we are a growing country, and one
that is to grow rapidly. Alterations will then be more nec
essary than in older countries, and all the constitution can
do is to place such safeguards around them that they cannot
be made on the mere spur of the moment or at the dictates
of party caprice.
We regret that our constitution numbers so many mem
bers. Less would have done the business probably as well,
certainly with more rapidity, but as this number was not
expected to be so great, and was only caused by our haAdng
a population much greater than the most ardent of us sup
posed, why, it could not well be helped. The only thing,
then, left for us to do is to make the best of the great num
ber we have, and try to induce all to act in that spirit of
forbearance and conciliation that ought to be used on the
occasion, and that cannot fail of producing the best results,
and throwing out the wild propositions of those who are
anxious for something, without having thought long enough
over the subject to discover that they ought to look elsewhere
for the measures they wish adopted.
We hear frequently that there are too many lawyers in
this convention. If there are any poor ones in it there are
just so many too many. The good ones we Avelcome to it

296 WISCONSIN HISTORICAL COLLECTIONS
with pleasure, assured that they will do good service. It is
true we may not agree with them in many points, and may
think that in some they are influenced by the prejudices of
a legal education. But what shall we say of those who pre
judge them? Shall we not say they must be influenced by
the prejudices against the legal education? And do not we
all know that these prejudices are very strong? They are
so certainly, and they are much stronger than most people
are willing to allow. Neither are men very consistent in
them. They will oppose all lawyers at home, merely because
they are lawyers, but they will vote for Henry Ciay or Mar
tin Van Buren for the highest office, although they knoAV
both are laAvyers.
We should be perfectly Avilling for the sake of the bar that
lawyers should be debarred from all offices unconnected with
the courts, and even from much more, but a move of this
kind never has been made, and, so long as they are not given
certain privileges, that they may choose between them and
the privileges of others, we can follow no crusade against
them, any more than we could against any other body of men.
Those who earned their bread by labor were once, even in
this country, greatly under the ban of public opinion when
they sought high office. We think that was wrong ; and we
think to place the lawyer in the same situation would be
equally wrong.
That lawyers of small brains and great pretensions may
create much disturbance is true, but so may other men in
the same predicament; the only disadvantage in this case
against the lawyer is that he has been in the habit somewhat
of public speaking and feels more confident ; yet such men are
easily put down.
We trust, however, there will be no necessity for this.
Many are doubtless elected to this convention who have not
yet given sufficient thought to the business they are to per
form. These men may make mistakes and offer measures
that cannot be adopted, but we hope there will be good sense
enough in the individual members to withdraw all motions

POPULAR PROCEEDINGS AND DEBATE 297
that they feel are improper or ill-timed. With this feeling
an excellent constitution may be formed, and although in all
its provisions it cannot be expected to suit any one man, yet
with the many good examples before us we may choose the
best; and with the strong democratic feeling that exists in
the country make a constitution that will be acceptable as a
whole to the community, and will place us highest among the
Democratic states of the Union.

SINGLE DISTRICTS
[September 30, 1846]
Those who will take the trouble to look at the old states of
the Union, as represented in their legislatures, cannot fail
to see that the greatest possible strength is given to strong
counties or districts, while the weak ones are shorn of the
small power they ought to possess and are swallowed up by
their more powerful neighbors.
The plan of sending a number of delegates to the house
from each county of a state has now been tried for years in
most of the old states and the people have become completely
disgusted with it. In New York more especially has this
been the case, where the great city, with more than one-tenth
of the delegates from the state, can march up in a body, and
with its controlling vote insist that its own selfish measures
be carried or that it will use its mighty influence against all
others, however reasonable their demands.
When, for certain purposes, a few of these overgrown
counties join together, they have all power in their hands,
and the poor counties that send only one or two delegates
can do nothing but look on, and are asked to do nothing but
vote on party questions where their principles will not allow
them to vote against what they believe right. Their own
local interests, however, are gone; or if they do get some
trifling law of relief passed it is done rather as a charity than
as an act of justice.

298 WISCONSIN HISTORICAL COLLECTIONS
But even this is not the worst of the system. Indeed, its
evils are too numerous to mention in a summer's day. It
induces men to be guilty of logrolling to the greatest possi
ble extent. It induces them to make the legislature a place
of bargain and intrigue, and raises men among legislators
who hold an influence over their delegations seldom used for
good, often sold for evil. We say sold, for that is the proper
word. Many do not know that they are sold, for the price
they receive is perhaps only some small favor for a village
or a ward in their county or city where they have an inter
est ; but the man who has the influence, who drills the dele
gation, he knows he has sold them, and he receives the price,
and that price is often the one that injures the most of his
representatives, while it only benefits him and a few of his
constituents. Go to one of the state capitals where election by counties
prevails and how soon will men be pointed out to you as men
of great influence, and without whom, if you wish a law
passed, you are told you cannot get along. Inquire whether
these individuals are eminent for high talent, or learning, or
oratory, or for pure and exemplary lives, and you will be
laughed at, while you are told that, although pure from hav
ing any such claims as that to influence, they are generally
suspected of being not over scrupulous, not over informed,
not over talented, but that they lead such and such delega
tions, and through them control such others, and such and
such single members. In fact they have a power like men
in the British House of Commons, who boast that they have
in their pocket so many votes that they can cast as they
choose on any question, the only difference being that, in the
case of the British vote-holder, he absolutely controls the
members he puts in parliament, and in our case the control
is gained by cunning and without the person under control
knowing that he is made a perfect dummy of.
Of course we do not mean that all can be affected in this
way, but enough can to impede the course of just legislation

POPULAR PROCEEDINGS AND DEBATE 299
and to convince the honest legislator that he is rendered al
most powerless by the vogue. It is true that important oc
casions will often arise where these managers, not having
the talent to conceal their views, overshoot the mark, disgust
those who have served them, and lose their power at once
and forever; but new men arise after the ferment has sub
sided and the same round of chicanery is played again.
All must admit that the single-district system is more
democratic. It brings the delegate and his constituents
more closely together. They know him better and the nomi
nations are made more at home. Besides, there is none of
that logrolling in conventions where distant interests will
join to foist nominees upon a county that would not be their
first choice. In short, the single-district system brings the
power closer to the people, and that is what we should all
strive to do upon all occasions.
We are all well aware that there have been many objec
tions raised to this plan, the most prominent of which has
always been that in many of these districts there will be but
little choice of men, or, in other words, that in many there
are none but farmers, who have not that refinement of edu
cation or habit of public speaking that is so much more read
ily found when you have a county to ransack. To this we
answer that these accomplishments are not necessary. There
will always be speakers enough in the legislature, — always
be men enough of really superior minds, and if you fill up the
remaining numbers with plain, sensible men you will have a
legislature fit for all emergencies.
To the men who make this objection we would like to ask
a question or two. How is it with the large-district system?
Do you select men of great talent, of great oratory, great
purity? No. You do not; and why? Because it cannot be
done. The system is bad in itself and to get one good man
in your delegation you are often forced to admit the re
mainder to be all indifferent. In large districts there are
too many interests to allow of a choice of good men. They

300 WISCONSIN HISTORICAL COLLECTIONS
are there, it is true, but you dare not choose them for fear
of injuring yourselves with some of the petty but widely ex
tended influences that always make themselves felt in large
districts. Another advantage of the district system is that it pre
vents what is called gerrymandering. Where this system pre
vails no cunning can make much difference in laying out con
tiguous districts, the more particularly in a state such as
ours will be, where certain lines can be prescribed and the
minority in politics must have as nearly as possible its
proper number of delegates.
We trust that when Wisconsin becomes a state this will
be taken care of and that we shall then have not only our
lower house so elected, but our upper house as near as it
may be. Indeed, we would prefer that it should be likewise
arranged according to the single-district system alone, even
if we only elected in three or four years. We, however,
think four or even three too long, and believe a senate might
well be renewed every two years if there are annual sessions,
and four where the sessions are biennial.
Another advantage will be that where each portion of a
county is sure of its representative there will not be such an
anxiety to multiply counties for the sake of influence, and
none will wish to go to the expense of new county buildings,
etc., unless the increased convenience to a considerable por
tion of country will pay not only that expense, but the extra
burden of another set of county officers.
It ought to be a sufficient inducement to us to try this sys
tem, the mere seeing how discontented with the old one all
have become in other states. But in addition to everything,
a new state requires it more than all others. Among us
there will be constantly new men coming in, who may be well
fitted for office, well known in their small districts, and per
fectly trusted, while in the county abroad they are entirely
unknown. In the old states men do not often come into a
county unless it be to remain for many years, and never look

POPULAR PROCEEDINGS AND DEBATE 301
for office until the old stagers shall have lost popularity or
have been promoted, and under the county system when one
of them goes his place is supplied by another from the same
clique. Another advantage yet would be the breaking up of
the influence of those little knots of politicians, who, lacking
any other capabilities to gain power, gain it by industriously
canvassing a county and then let themselves out for the hire
of some little office as tools to some ambitious man who has
rather more sense than they and guides their exertions.
We are inclined to the belief that the single-district sys
tem would be far the best for us and far the most popular
among us ; and we hope the convention will so arrange the
matter that the election of members for both houses will be
brought as near the people as possible, and the candidate for
office chosen from such a small territory that he may be as
well known as possible to those who send him on to do for
them the duties that must be performed by delegate.

302 WISCONSIN HISTORICAL COLLECTIONS

SELECTIONS FROM THE PLATTEVILLE INDE
PENDENT AMERICAN
LETTERS OF "A FARMER OF GRANT"— No. 1
[December 31, 1845]
As we are shortly to be employed in forming a constitu
tion for the government of the state of Wisconsin, it is right
and proper that every paper should begin to discuss the sub
ject ; and indeed every citizen has a right, through the press,
to give his views of what features in the fundamental law of
the country would, or would not, be likely to promote justice
and happiness.
We are here collected from all the states of the Union and
other countries ; therefore we ought to exchange ideas freely,
with an honest intention of stifling prejudice and coming at
truth, by inquiring of many people. It is not uncommon for
men to believe that the things to which they have been habit
uated are preferable to all others. This disposition has
shown itself in all the conventions, from that that formed
the Constitution of the United States down to that of Texas.
John Adams once said, at the table of Mr. Jefferson, "The
British government is the best in the world, if it were
trimmed of some of its little errors." Mr. Hamilton being
present replied, "As it is, it is the best." Likely they were
both right, but an original thinker, like Franklin or Jeffer
son, would have been likely to inquire whether it could be
made better, or whether it fully answered the purpose for
which governments were instituted among men, viz: to se
cure their rights, and to promote justice and happiness.
This should be the polar star to guide the framers of all
constitutions and laws, and perhaps the whole should be re
solved into the word justice ; for when a man has strict jus-

POPULAR PROCEEDINGS AND DEBATE 303
tice done him in every respect, if he is not happy it is not
the fault of the laws of his country. Nearly all robberies
that have been committed by legislation have been carried
through under the pretence of promotmg happiness. All
the bankrupt laws, the stay laws, the loan office laws, the lot
tery laws, the distribution laws, the state debt and internal
improvement laws, the bank and tariff laws, with a thousand
others of a similar cast for individual benefit, have been car
ried forward with the pretence of promoting happiness ; but
in my view he that is willing to sacrifice justice to promote
general happiness is on the wrong track, and will not ac
complish his object, and all such legislation should be pro
hibited by the constitution.
As the constitution of Texas is the latest improvement in
that way, I will notice a few of its sections. Article I, sec
tion 11, says : Excessive bail shall not be required, nor ex
cessive fines imposed, nor cruel or unusual punishments in
flicted. All courts shall be open, and every person, for an
injury done him, in his lands, goods, or reputation, shall
have remedy by due course of law.
It can easily be seen that this section is the production of
a lawyer. This remedy is just no remedy at all. To sue a
man at law is about equal to challenging him to fight a duel,
and as dueling is prohibited in another part of this constitu
tion, it was perhaps thought right to let them fight their bat
tles in court. When a man is about to challenge his adversary
to fight a duel, he reasons thus : ' ' The scoundrel has done
me an injury ; therefore I will take the risk of getting a shot
in my body for the chance of putting one into his. " So if
he sues him at law: "The rascal has done me an injury, I
will take the risk of a shot into my pocket for the chance of
putting one into his ' ' ; but there is this difference — in the lat
ter case both shots are sure to take effect, while in the former
they may both miss : of the two evils the dueling is undoubt
edly the least.
Article I, section 12. "No person for the same offense
shall be twice put in jeopardy of life or limb, nor shall a per-

304 WISCONSIN HISTORICAL COLLECTIONS
son be again put on trial for the same offense, after a ver
dict of not guilty ; and the right of trial by jury shall remain
inviolate." Here again we meet with protection for the
craft of the lawyer. Trial by jury was once a valuable thing,
but what was then called trial by jury is now called trial by
arbitration. What we now call trial by jury is merely a
trial by law; and law is costly, tedious, and not understood
by any man now living. The judge instructs the jury, ac
cording to law "as he understands it"; if they decide agree
ably to the instruction, well; if not, the verdict is set aside as
contrary to law, so that the substance of trial by jury is
gone, and nothing but the shadow is left.
Were I making a draft of a constitution for Wisconsin, I
would include the above two sections in one, as follows:
' ' Section  . That jumble of nonsense called the common
law shall be forever eradicated from our system of juris
prudence, and its place be supplied with common justice,
administered by common sense and common honesty; and,
that justice may be cheap, quick, and brought home to every
man's door, all disputes shall be settled by arbitration in
stanter, or as soon as the facts can be ascertained. The num
ber and qualification of arbitrators should be regulated by
law, and in such manner that they would be likely to under
stand the cases which they were called to decide.
Article 1, section 15. "No person shall ever be impris
oned for debt. ' ' One of these two things is clear : a person
should be compelled to pay his debts, or he should not. If
he should be compelled to pay, then every means should be
resorted to to force him ; but if he should not be compelled
to pay, then this section should read, "No person shall ever
be forced by law to pay debts hereafter contracted." If A.
could compel B. to give him credit, then justice would re
quire that the law should compel A. to pay, but, as this is
not the case, B. ought to have great confidence in A. before
he gave him credit, and A. ought upon honor pay, or his
credit be gone forever.
Section 22 of article 17 of this constitution makes provi-

POPULAR PROCEEDINGS AND DEBATE 305
sion for the legislature to pass a law to allow the head of a
family $2,000 worth of property to be exempt from forced
sale. This should not be. If a man uses industry and econ
omy till he acquires wealth, there should be no law against
him in favor of those who either went idle or spent their
earnings as they went along ; there should be no law to pun
ish good actions and reward bad ones ; there should not be a
law for the man worth two thousand dollars and another
for the man worth three thousand.
Article 3, section 27. "Ministers of the gospel, being by
their profession dedicated to God and to the care of souls,
ought not to be diverted from the duties of their functions ;
therefore no minister of the gospel or priest of any denomi
nation whatever shall be eligible to the legislature." This
is a good section as far as it goes, and it [is] copied in sub
stance from some of the best constitutions of the older
states ; but it ought to have continued : ' ' and lawyers being
directly interested in having the laAvs ambiguous, unintelli
gible, hard to be understood, and even without meaning,
therefore no practising lawyer shall ever be eligible to the
legislature. ' ' The necessity of this clause may be seen in all
the constitutions and laws of the Union.
Article 7, section 19, is a sample. It says, "All property,
both real and personal of the wife, owned or claimed by her
before marriage, and that acquired by gift, devise, or de
scent, shall be her separate property, etc." Now I would
like to know if a young girl were to claim ten leagues square
of land in Texas, whether the clause of the constitution would
confirm her title and make it her separate property after
her marriage. If it has any meaning at all, that is the idea
it would seem to convey, and likely some smart lawyer had
it inserted for that very purpose.
Should you think this worth a place in your paper, in my
next I will consider the doctrine held forth in this section
and the preceding one.
 A Faemee of Geant.12
12 "A Farmer of Grant" was Stewart McKee, an unsuccessful candidate
for election to the first constitutional convention.
20

306 WISCONSIN HISTORICAL COLLECTIONS
LETTERS OF "A FARMER OF GRANT"— No. 2
[January 16, 1846]
CONSTITUTION OF TEXAS
Article 7, section 15. "It shall be the duty of the legisla
ture to pass such laws as may be necessary and proper to
decide differences by arbitration, when the parties shall elect
that method of trial. ' '
Who will say, after reading this section, and knowing that
lawyers ruled the convention of Texas, that they, as a class,
are interested or selfish. Had they been so, this section, in
imitation of many others of this constitution, and the consti
tutions of the other states would have provided that ' ' all
differences shall be settled by due course of law" and might
have continued "that no person shall be eligible to any office
of trust or profit in this state, unless he is a lawyer, or has
had at least six lawsuits on his own account in the last year
preceding his election or appointment."
Supposing the clergy of Texas had been assembled in gen
eral conference, synod, or whatever name they choose to
give their assemblies, would they have been likely to pass a
resolution "that every person, who chooses, shall attend to
his own salvation," without their assistance? If they would,
it would go far to prove that Texas is no part of Mexico.
Were the doctors the rulers of any public assembly, would
they pass laws or resolutions, that a sensible woman who
had raised a family, might attend to her own family, or that
of her neighbor's, in case of sickness? Notwithstanding a
majority of them could not avoid knowing it to be the best
policy for such family. Let no man then say that lawyers,
as a class, are inferior to other men, though the circum
stances in which they are placed, as well as that of other
professions, have to them rather an immoral tendency; and
the system, which requires so much of their services, at so

POPULAR PROCEEDINGS AND DEBATE 307
great a cost, cannot be the very best that might be adopted
for society at large.
This section would have been greatly improved by the
word "either" after the word "when" in the last clause of
the section; but in the constitution of Wisconsin I would
like to see it written thus :
"Section — . All differences and disputes shall be settled
by arbitration, and when one of the parties proposes this
mode of adjustment, if the other refuse, then the party so
refusing to settle shall have no further recourse at law."
I hope the people will vote for no constitution without
this clause.
Article 7, section 34. "The legislature shall, at the first
session thereof, and may, at any subsequent session, estab
lish new counties for the convenience of the inhabitants of
such new county or counties ; provided, that no new county
shall be established which shall reduce the county or coun
ties, or either of them, from which it shall be taken, to a less
area than nine hundred square miles (except the county of
Bowie), nor shall any county be laid off of less .contents.
Every new county, as to the right of suffrage and represen
tation, shall be considered a part of the county or counties
from which it was taken until entitled by numbers to the
right of separate representation."
This is an improvement on all the constitutions of this Re
public. There have been more expense, time, and talent
wasted on this subject than on any other which has occupied
the attention of the legislatures of the new states and terri
tories. Indeed, there is commonly a majority of their mem
bers who have, individually, a scheme of this kind for the ag
grandizement of himself or next friend, which turns the
whole body into a logrolling. Many a member has logrolled
for a whole session to get a county seat, and then missed it ;
others have done the same and succeeded, and yet made no
fortune thereby; and yet some who did succeed with their
locations, and made fortunes, would have done better for
their children and grandchildren could they only have got

308 WISCONSIN HISTORICAL COLLECTIONS
justice between man and man established on a firm basis;
for then every industrious, economical person would be sure
of a living. Hence it is the better policy in the framers of
constitutions to promote justice and suppress speculation,
and everything that leads thereto. Every speculation aims
at a fortune, every fortune aims at the inequality of the peo
ple, and the inequality of the people aims at the overthroAv
of republican government, and would, ere this, have sealed
the fate of this nation, were it not for some lucky* ingredi
ent in our system which commonly prevents the wealth of
the avaricious grasper or the lucky adventurer from descend
ing further than the second generation.
I would, therefore, recommend that the constitution of
Wisconsin should provide that no new county should be of
less dimensions than nine hundred square miles, and laid
out as nearly square as possible, with the county seat located
not more than two and a half miles from its geographical
center ; to be allowed no court until its population amounted
to three thousand, unless called for by a vote of two-thirds
of its legal voters, to have one chief magistrate, elected by
the people, who should be registrar of deeds, with as many
township or district magistrates as were found necessary
in all civil disputes, the magistrate to summon a jury, who
should judge both of the law and of the facts, and give their
decision without any regard to any other law than their own
sense of right and justice ; and in criminal cases, to try, and,
if they should find guilty, to assign the punishment in the

* I use the words "lucky ingredient" rather than wise provision from the
fact that when this government was organized property had a much greater
precedence of person than at present. In any of the conventions that formed
the constitutions of the old states, if a member had proposed that the
governor should not have the property qualification he would have been
laughed to scorn. In Massachusetts, even now, a German or an Irishman
who owns an ass worth six dollars can vote, while one of the descendants of
the Pilgrims would be denied the right of suffrage unless he had property
to that amount. This, in some measure, accounts for that state and
others like it always being in the front rank in granting privileges and
monopolies to large capitalists at the expense even of their own hirelings,
as well as of the people in general, and those of the South and West in
particular.

POPULAR PROCEEDINGS AND DEBATE 309
same manner. When the population would be over three
thousand to continue the same system at their own discre
tion. In the first settlement of these mines the people found
themselves out of the limits of any state, territory, or county
government. While they remained in this way, with very
little attention to rules and regulations, they had very little
trouble with thieves or any other bad men; in one or two
cases they found a culprit guilty, tried him, put him in a
canoe, and sent him afloat on the Mississippi. Then their
mineral, tools, wood, provisions, and everything else were
safe. Where they left them, they were sure to find them.
Not a lock was in the country, and no need of any. But
shortly the state of Illinois found them to be within their
limits, and in her unbounded benevolence thought proper to
send them the blessings of civilization, and with the bless
ings of civilization came the blessings of thievery, fighting
in groceries, gambling, brothels, SAvindling, jumping of lots,
with all the other blessings that are now brought forward
and debated in court. These are facts within the knowledge
of the old settlers, and susceptible of judicial proof. So long
as we have men of great talent and learning making a good
living by protecting crime and criminals, so long we may ex
pect to have plenty of crime and criminals to protect.
A Faemee of Geant.

A CONVENTION EDITORIAL
[February 13, .20, 27, 1846]

Most persons, in countries where men are allowed to think
and to speak, frame to themselves, within their own minds,
some fabric of government which they believe best suited to
human nature and best adapted to the wants of mankind.
But even among men who have been accounted benefactors

310 WISCONSIN HISTORICAL COLLECTIONS
of their race, different and conflicting plans have prevailed.
The march of improvement is said to be onward ; and al
though many affect to bewail the dishonesty of these degen
erate days, they cannot deny that now the aggregate knowl
edge of any enlightened country is much greater than it was
a century ago. Antiquity is a grand thing in its proper
place, but that is not a sufficient reason why error should
be worshipped, though wrinkled and hoary with age. Gov
ernments have usually been the result of fortuitous circum
stances. As the chained earthquake in its subterranean
struggles has thrown islands above the surface of the sea, so
men in asserting their natural rights, and tyrants in attempt
ing to crush them, have whirled into existence the iron-
handed systems by which nations are ruled, not to say op
pressed. Yet there doubtless have been instances where
persons, from the beginning, have, from liberal, extended,
and benevolent views, meditated a plan and carried it out in
the main according to the original design. Our own national
government is a case in point. Wisconsin is fast approach
ing her majority — she .will soon apply to be admitted a sov
ereign state of the Union. At a crisis like the present it
would be well for the people to discuss the prominent fea
tures of a contemplated constitution. While we have the
name of a republic, give us, at the same time, the spirit and
soul of republicanism. These subjects need to be agitated,
lest when the time arrives for the work to be done we shall
not have deliberated upon it as its importance demands ; and
not knowing what we want shall leave our delegates to the
convention unenlightened as to the wishes of their constitu
ents. Upon many of the topics involved there will neces
sarily be conflicting opinions. II
In the formation of a state constitution it would be well
to keep in view the principles upon which republican govern
ments profess to be established. All legitimate power pro
ceeds from the people. This could not be denied, even

POPULAR PROCEEDINGS AND DEBATE 311
among men who wished to frame a monarchy. Men do not
differ so much in premises as in conclusions ; nor in theory
so much as in practice. Hence we sometimes find men, nom
inally liberal, practical tyrants. The governed should be
ware of transferring too much authority into the hands of
rulers ; for, forgetting that they are the servants, they too
often become the masters of the people. Individuals are
more ambitious and more tenacious of power than the mass,
and all history has proved that in times of peace and quiet
the former are apt to make inroads and aggressions upon
the latter. It is the tyrant's business to fortify himself, to
accumulate strength, to build his throne on an immovable
basis ; in doing which, he is aided by those who expect to re
ceive bounties at his hands. It is the business of no one,
but of the many to arrest the stealthy step of usurpation.
Hence it is that nations are enslaved. The world is not only
' ' governed ' ' but gulled "too much. ' ' Under the head of im
plied and constructive powers, tyranny may find a plausible
pretext to stamp his foot, rough-shod, upon the neck of the
American eagle. Ill
Would it not be a difficult task to convince the crowned
heads of Europe that they have not a "divine right" to rule?
And that their posterity, though imbecile in intellect, have
not, by inheritance some godlike superiority over every un
titled subject of the realm? Do not these subjects swallow
down the monstrous dogma of nobility, and worship the rep
tile while it gnaws upon their vitals?
Take, for example, the English government : and what is
it but an ingenious fiction — a positive lie. It says that "Her
Majesty, by the grace of God," reigns and dispenses the
blessings of liberty all over the kingdom. Whereas, a few
salaried demagogues, "instigated by the devil" and the love
of hereditary power, delude the nation with highsounding
words and Uve in luxury and debauchery at the direct ex
pense of the taxed, destitute, and starving millions. "Her

312 WISCONSIN HISTORICAL COLLECTIONS
Majesty," left to herself, would be as inoffensive as any
other woman of less than ordinary intellectual and more than
ordinary animal capacity.
Here on American soil our rights are based upon the
truth, without any artful invention of falsehood. The per
sons that constitute the nation are the source of all delegated
power. The people should retain within their own grasp as
much of that power as is compatible with the healthy func
tions of the body politic. In all cases, except where it is ab
solutely impracticable, let the people in their own proper
persons vote at the ballot box in the choice of their serv
ants, in preference to letting their representatives act for
them. LETTERS OF "A FARMER OF GRANT"— No. 3
[ March 6, 1846 ]
That we are soon to have a state government is now known
to all. It is, therefore, time that those who are to be mem
bers of the convention to frame a constitution should begin
to think seriously on that subject. Each individual who ex
pects to be a candidate should furnish himself with a copy
of all the American constitutions and make them a particu
lar study. He should endeavor to find out the effect that
each section was intended to produce, whether it did produce
the effect intended, and, if not, what was the cause of its
failure. Take the constitution of Vermont, for example. Chapter
1, article 4, says: "Every person within this state ought to
find a certain remedy, by having recourse to the laws, for all
injuries or wrongs which he may receive in his person,
property, or character ; he ought to obtain right and justice
freely, and without being obliged to purchase it ; completely,
and without any denial; promptly, and without delay; con
formable to the law. ' '
This article is, of itself, almost constitution enough, if the
measures therein mentioned could be carried out. Who

POPULAR PROCEEDINGS AND DEBATE 313
doubts that these measures, perfectly carried out, would
greatly tend to produce a happy state of society? But does
"every person within the state of Vermont find a certain
remedy, by having recourse to the law, for all the injuries,
etc."? Everyone knows that they do not. Who does not
know, notwithstanding these wise provisions of the con
stitution, that there are cases in Vermont where the person
applying to the law for remedy for wrongs done to his prop
erty, person, or character, instead of getting such remedy
"freely, and without being obliged to purchase it," has some
times to pay double or treble the amount contended for ; in
stead of getting such remedy "promptly and without delay,"
sometimes obtains it at the end of five, ten, or perhaps
twenty years, and is sometimes actually denied it altogether?
The truth is that the whole article, nay, the whole consti
tution, is vetoed by the last four words, "conformably to the
law." In all the states there are similar circumstances, with
similar provisions in their constitutions, and for similar rea
sons, that is, that these remedies are obtained conformably
to the law, or, in plain English, not obtained at all.
It is not to be expected that self-government will make
much progress in community until it is first understood by
individuals ; that is, until the rising generation is taught the
reason of things and the art of happiness, so that it will be
able to keep its propensities completely under the control of
the moral sentiments. This cannot be looked for so long as
the old system of governing by violence is continued; and
while the teachers of science and morality are publishing
lengthy articles on the laxity of family government, we can
not expect the old system instantly to disappear.
The child whose actions are regulated by the strap and
the boo-man, whose youth is directed by the cowhide, and
who, when he outgrows that jurisdiction, is handed over to
the awe of the clergy and the devil, is much better fitted by
education for a slave than a free man, for the subject of a
king than a citizen of a republic under self-government.

314 WISCONSIN HISTORICAL COLLECTIONS
Taking the circumstances as they are and not as we would
wish them to be, Ave must content ourselves with the improve
ments within our reach, and in whatever we do to promote
justice great care ought to be taken that it will have the
effect that we intend, and not be nullified by some legal
phrase. A Faemee of Geant.

AN ELECTIVE JUDICIARY ADVOCATED
[May 8, 1846]
In a pure democracy the people meet en masse and enact
their laws, instead of electing representatives to legislate for
them. Such a government is better adapted to the wants of
the governed and contributes more to their happiness than to
any other. The constitution of mankind is such that we are
better satisfied with the mere necessaries of life when they
come of our own volition than with luxuries forced upon us.
One exhilarating breath in a free land is of more worth than
the whole perfumed atmosphere of the tyrannical Indies. A
pure democracy being the most perfect model of human
government, it follows that where from large extent of coun
try or amount of population that form is impracticable, the
nearest possible practicable approximation to that form is
best. The representative plan is deemed to be the nearest
allied to a genuine democracy. But men are apt to trust too
much to those who are elected to represent them, and to per
mit them to exercise power which, to keep as near as pos
sible to our model, had better be retained in the hands of
the people. As, for example, we hear persons protest
against having a judiciary elected by the people. How
would you have it done? And what objections have you to
letting the sovereign people establish the oracles of the law?
Who are interested in that subject, if they are not? Per
haps you want an "independent" judiciary. What do you
mean by that? Do you mean that you want John Bull with

POPULAR PROCEEDINGS AND DEBATE 315
his magic roar to summon my Lords Coke and Bacon from
the shores of the Styx, and to enthrone them in our midst?
It is presumed that they would be "independent. " It is ad
mitted that they would constitute a grand court, learned in
all the erudition of the law. But would it not be a little
more congenial to our tastes, to our happiness, to the spirit
of freedom, for each of us to have some part in constituting
that most important branch of our government?
Would you have the legislature elect a judiciary? Why
would you have them do it in preference to the people?
Does that august body know our wants better than we our
selves? If so, we must give up the right of instruction.
Are legislatures more honest, more capable, or less corrup
tible than their constituents ? If so, away with the elective
franchise, and let us cherish the divine right of kings — ex
change the vox populi for the vox diaboli. Disguise it as
you please in beautiful garb or plausible sophistry, a consti
tution prohibiting the people from electing a judiciary is
highly seasoned Avith the spice of arbitrary power, and ought
to be ranked Avith the tyrannical edicts of the feudal ages.
There is not a particle of republicanism about it. The time
is at hand when Wisconsin will have to decide for herself
upon this subject. Democracy, what say you to it?
LETTERS OF "A FARMER OF GRANT"— No. 4
[July .24, 1846]
To the People of Wisconsin: You are about to build a
fence around your future legislature to prevent them from
destroying the fruits of your industry : see that you send the
right kind of men to do it. With twenty-nine constitutions
to copy after, the principal talent that Avill be required is
honesty and interest similar to that of the great body of the
people. With the experience Ave have in constitutional law, we
have much the advantage of the framers of the first Amer
ican constitution and ought to be able to make many im-

316 WISCONSIN HISTORICAL COLLECTIONS
provements. One of the many improvements we require is
the ree'stablishment of the ancient trial by jury, now com
monly called trial by arbitration. Such a feature in our
constitution would depopulate our courthouses, would make
the fields of our farmers blossom like the rose, and the coats
and boots of our lawyers require patching.
To accomplish measures like this, who will you send to
do it? Will you send lawyers? As well might the people
of England send their bishops to abolish tithes! As well
might the people of this country send the lords of the loom
to abolish tariff taxation ! The principal men in the Amer
ican conventions have been lawyers, and the result is we are
destroyed by litigation — we are devoured by lawyers.
If you send the men of tweedle dee and tweedle dum, the
talking machinery of the country, to the convention, you may
expect a constitution not to be understood even by them
selves, but frequently interlarded with the terms ' ' conform
ably to the law," "agreeably to the law," etc. But if you
send sensible farmers, mechanics, or other producers of
wealth, the words "conformably to the law" will be supplied
by the words "conformably to justice," and a provision
made that that justice shall be ascertained by a certain num
ber of arbitrators, properly speaking, jurymen. No man
knows what is "conformably to the law," or what the law
is, but every man knows what justice is, and what is "con
formably to justice."
If we should have another wet day before the election you
may happen to hear from me again. A Faemee of Geant.
LETTERS OF "A PARMER OF GRANT"— No. 5
[July 31, 1846]
To the People of Wisconsin: In my last 1 spoke of the
reestablishment of the ancient trial by jury. Another great
improvement might be made in the constitution, in compari
son to that of the other states, on the subject of education.

POPULAR PROCEEDINGS AND DEBATE 317
The state of Illinois has had a large school fund wasted or
destroyed by their speculators for want of a provision in
the constitution to guard it, to increase it, and to put it in
action. The constitutions of Missouri, Alabama, and some
others have articles on education, but in my view they are
very lame. The constitution of Missouri says: "Schools
and the means of education shall forever be encouraged in
this state." It might just as well have said "the citizens
of this state shall forever be encouraged to build frame
barns and brick houses," but it goes on, "and the General
Assembly shall take measures to preserve from waste or
damage such lands as have been, or hereafter may be,
granted by the United States for the use of schools within
each township in this state, and shall apply the funds which
may arise from such lands in strict conformity to the object
of the grant; and one school or more shall be established
in each township as soon as practicable and necessary, where
the poor shall be taught gratis. ' ' Now no individual member
of any future legislature was bound, by this section, to act
on this subject, and if no individual moved in the matter
nothing would be done; therefore, the only thing done by
the constitution in this matter is granting to the legislature
a privilege which it had already ; but the latter clause of the
section is the unkindest cut of all: "where the poor shall be
taught gratis." It ought to have been, "where the chil
dren of the people shall be taught gratis. " Perhaps I ought
to ask the pardon of good society; for its delicate ear may
take alarm at the idea of their children being taught gratis,
and that, too, in the same school with those of the poor. I
would most respectfully admonish the better sort of people
to look back fifty or an hundred years and see where they
came from; to look forward fifty or an hundred years and
see where they are to go. If they examine carefully and
reason correctly they will surely discover that what is good
for one is good for all ; that moderation, industry, economy,
honesty, and justice is the best policy. Let them look at
the mushroom aristocracy that was planted in the charter

318 WISCONSIN HISTORICAL COLLECTIONS
of the United States Bank. Twenty-five years demolished
all their castles in the air. They were heard calling loudly
for a bankrupt law, a robbery law to exonerate them from
their creditors. They got it. Their debts were wiped out
and will soon be forgotten; but the robberies committed on
widows and orphans, the debaucheries created in the% large
cities, and the immorality spread over the whole face of the
community will never be forgotten : they are recorded in the
Book of Heaven.
I hold that the road to knowledge should be opened at the
public expense as well as the road to the mill, the market,
or the county seat, and that all the people should have an
equal right to travel it, and besides being done much better
it would be done much cheaper. There is money enough
spent now on education in any state in the Union to educate
every child in the land were it managed with economy, all
under one head.
There is more or less of aristocracy in every convention
and legislative body, and, commonly, enough of it to rule,
and where such is the case it is vain to look for equal legis
lation, for equal justice between man and man, but still more
vain to look for equal privileges for the workers and the
idlers. It was the declaration of a great statesman "that all men
are created equal," but I believe it has been left for my
humble self to declare that all men ought to be raised equal,
at least in education. A Faemee of Geant.

THE VIEWS OF "RIO GRANDE"
[ August 7, 1846 ]
Me. Editoe — Sie : Inasmuch as we are about to elect dele
gates to form a constitution by which our legislature, as the
representatives of the people, will be governed (until
amended), we are bound by our individual interest as well as

POPULAR PROCEEDINGS AND DEBATE 319
for the good of society, of which every individual is a mem
ber, to cast our votes for such men as will most likely ad
vocate and secure such measures as will produce the great
est possible good. We are about to build a fence around our
executive and legislative authorities and [to be] taken into
full membership of this mighty Republic and, as a number
of our citizens have volunteered their services to assist in
establishing so desirable an object, as a citizen I would like
to know the kind of timber they propose to use; likewise,
the shape and boundaries of said fence.
It would be gratifying to many voters for the candidates
publicly to express the views which they entertain, in the
public papers of the county or on the stump ; then every man
could hear and decide for himself. We most assuredly must
expect a great diversity of opinions upon the many impor
tant subjects which will be, necessarily, brought before that
honorable body ; consequently, we see the great necessity for
the candidates publicly to express their views to the people.
As we know that our neighboring states are frequently alter
ing and amending their constitutions, invariably do they
adopt more and more of the republican principles : that the
people are the sovereign power, who have a right, and are
fully competent to govern.
The incorporating powers, executive, legislative, and judi
ciary, are the leading measures which will be discussed and
adopted by this convention. Therefore, it is desirable to
see the incorporating clause so trammeled that, when the
legislature grants a charter, the contract, on the part of the
people, cannot be consummated until it is approved by the
next legislature, who will be elected by the citizens. Conse
quently all monopolies would have three ordeals to pass
through : two with the legislature, and one with the people.
Therefore, it is requisite that the legislature be elected an
nually. It was a remark made by Dr. Franklin that when
annual elections cease tyranny begins. This is good author
ity, and perfectly consistent with the social rights of man,
for each member would be called to account at least once a

320 WISCONSIN HISTORICAL COLLECTIONS
year. Every man, politically as well as religiously, should
not be so ungrateful as to forget the being (or beings) that
made him.
A part of the above reasons will apply to the judiciary.
Therefore, the old custom of appointing judges during good
behavior should be abolished for one made elective by the
people, for the term good behavior cannot legally or morally
be precisely defined. Perhaps some of the volunteers are in
favor of electing them by the legislature ; this would be an
improvement, but would not so effectually cut the sinews of
wealth and aristocracy as placing it in the hands of the legal
voters, for one man is easier corrupted than five hundred.
Perhaps their time will be limited to seven years ; therefore,
no legislature should have power to do what their successors
cannot undo, if requested by their constituents.
As to the executive, one individual will be satisfied if he
be divested of the appointing power, for he would feel more
like a common man — the clerk of the district court and at
torney, set to work by the individuals that pay them.
Therefore, as our personal rights, privileges, and obliga
tions are equal, we have each, as an individual, a right to
claim a voice in the formation of the constitution. Hence,
by delegating this privilege, great responsibility rests upon
the legal voters of Wisconsin to act their part, for it would
be an infringement upon natural justice to neglect the right
of suffrage. Therefore, if these conclusions be correct, the
candidates are equally bound publicly to make known their
views. I now have given a few of the many reasons which
might be advanced to sustain the principles herein contained.
I do not presume that we will all find men whose views will
precisely chime in with our own, but I shall cast my vote
for such men as will with me the nearest agree. Therefore,
come along with your stump speeches and circulars, and,
should you differ with me, you have a chance to make a con
vert. Rio Geande.

POPULAR PROCEEDINGS AND DEBATE 321
LETTERS OF "A MINER OF GRANT"— No. 1
[ August 14, 1846 ]
Me. Editoe: We have had several communications
through your paper upon the subject of the formation of a
constitution for Wisconsin ; and as the subject is one of vast
importance, one in which all are vastly interested, I thought
I would submit a few remarks by way of giving my own
views upon some points.
I do not fear but that the constitution in contemplation
of being formed will be as strictly republican as the most
republican constitution in our Union : I am not afraid of its
falling behind the advancement of the age nor of its grant
ing very many exclusive privileges. Indeed it is probable
that the convention, when assembled, will procure copies of
the constitutions of all the different states and draw from
the most liberal of them ; hence there are only a few subjects
likely to agitate and to detain the convention.
1. The naturalization of foreigners is a question of vast
importance. It is not likely that the doctrines of the party
styling itself "the Native American party" will be urged
before the convention — they are certainly too absurd. The
population of our country has mcreased more than 17,000,000
within the last sixty years, and is still increasing in geo
metrical progression. A great portion of this increase is
owing to the influx of foreigners ; and if a liberal policy is
kept up towards them, they will, no doubt, continue to come,
and the time is not far distant when our nation will be
bounded by oceans and when the example of an extensive and
poAverful republic Avill cause thrones to quake and potentates
to tremble. It is hoped that Wisconsin will be no less lib
eral towards foreigners than the general government has
heretofore been. Shall the Irishman be restrained from
voting merely because, according to the notions of some, he
votes with the wrong party?
21

322 WISCONSIN HISTORICAL COLLECTIONS
2. The expediency of incorporating companies is being
discussed by the people. It is certain that corporate pow
ers for whatever purpose or in whatever shape they may
be granted, are exclusive privileges, extracted from the
rights of the people. Still, benefits may have sometimes ac
crued to the people from them, in the erection of public works
and in the government of towns and villages. But the tend
ency of all corporate bodies is to issue paper money and
flood the country Avith a fictitious currency; this is a seri
ous objection against their existence, and if it cannot be rem
edied it would be far better to dispense with them entirely.
3. The practicability of electing the judiciary by the peo
ple was distrusted by the founders of our government.
However, since the plan of electing justices of the peace was
adopted in our territory we have had just as competent jus
tices as we had when they were appointed by the governors.
Indeed, it has been proved by the experience of many of the
states that the election of this branch of the judiciary is
practicable ; and if it is at all practicable to elect the judges
of the circuit and supreme courts, it is right, for it is repub
lican. It appears to me that all the arguments urged against
the election of judges by the people would apply with equal
force against the election of any other officer; but what
Democrat would presume to say that the people are incom
petent to elect their own governors ! New York, in her new
constitution, has provided for the election of her judges, and
let Wisconsin not be behind.
I propose, next week, to take up two other subjects,
namely: the providing by law for the observance of the
Sabbath, and the prohibiting of skeptics from giving testi
mony before our courts. There are a great many sincere
Christians who would shudder at the idea of establishing
Christianity by law, but who, nevertheless, believe law to be
necessary upon these subjects; I shall, therefore, endeavor
to discuss them with candor and fairness.
A Minee of Geant.

POPULAR PROCEEDINGS AND DEBATE 323
LETTERS OF "JACOB FAITHFUL "—No. 1
[August 21, 1846]
Me. Maesh — Sie : I have been gratified with a perusal of
several Avorthy communications that appeared in your paper,
touching the subject of forming a state constitution, and I
think it Avill not be presumptuous in me to make a few brief
remarks touching that subject. I would state as an excuse
for this rude production that I have not an ability to angle
for fame with the bait of periods, nor a motive for consult
ing a temporary taste by a dish of perfumes, but there are
several small items to which I would call the attention of the
people of Grant for their consideration.
1. "That all power is inherent in the people," and by
their authority all free governments are established.
2. That no precedence should be shown to any class or
denomination whatever.
3. That no person should be prohibited from giving tes
timony before a proper tribunal because he is candid and
does not profess to believe that which he thinks he cannot
consistently believe, or in other words, that he is a skeptic.
4. That no religious manifesto should ever be required
as a qualification to any office of trust.
5. That the right of electing judges should be given and
necessarily belongs to the people.
I would wish to say one word as regards the men that
have to perform the arduous task of forming a constitution.
They should be men of integrity, energy, and firmness — en
dowed with much good common sense, and men that under
stand the theory of law. I do not wish to be understood
that I would have them all practical lawyers, for I am aware
that lawyers are generally arrogant, selfish, and distrustful.
However, I should like to see enough of them "to give tone."

324 WISCONSIN HISTORICAL COLLECTIONS
The foregoing has been elicited, not that I expected to give
so much light on the subject, but that it might have the ef
fect of inducing others, better qualified, to extend their in
quiries. This is its chief hope and utmost expectation.
Jacob Faithful.
Toadville, August 18, 1846.
LETTERS OF "A MINER OF GRANT"— No. 2
[August 28, 1846]
Let truth prevail in the affairs of government as well as
of religion. It is the basis of good government, and without
it religion is a chimera.
It is necessary and proper in the organization of govern
ments that each individual should surrender certain natural
rights and privileges for the benefit of the whole community
of which he is a member; but it is by no means necessary
for the good of the community nor for the existence of good
government that any individual should be required to give
up the right to labor for his own and his family's suste
nance. Community undergoes much more inconvenience
from an indisposition on the part of its members to labor
than from an excess of labor.
If the ' ' Christian Sabbath, " as it is called, could be proved
to be a divine ordinance, then its violation might be placed
upon the same grounds as that of the great moral laAvs. But
there are two reasons given in the Bible for the institution
of the Jewish Sabbath. First, Exodus XX, 2: "In six
days the Lord made heaven and earth, the sea and all that
therein is, and rested on the seventh. ' ' And second, in Deu
teronomy V, 15, it is spoken of as "a remembrance that thou
wast a servant in the land of Egypt, and that the Lord thy
God brought thee out thence ; through a mighty hand and by
a stretched out arm." If the first of these reasons be the
true one, it proves most positively that it is the seventh day
of the week, and not the first that should be kept. How is

POPULAR PROCEEDINGS AND DEBATE 325
it possible to conceive anything more absurd than to keep
a day of rest in imitation of the Great Creator of the uni
verse, but that to be a different day of the week from the one
He kept. If the second reason is the true one, it is evident
that it cannot be binding upon any other people than the
Jews. The institution is spoken of again and again as being
peculiar to the Jews. "It is a sign between me and you
throughout your generations ";" It is holy unto you"; "It is
a sign between me and the children of Israel forever."
Exodus XXXI.
Justin Martyr, who must have known all about this sub
ject, remarks "that on the Sabbath, the prohibition of cer
tain kinds of food, etc., the ceremonial law, with all its ordi
nances and sacrifices, were designed to counteract the in
veterate tendency of the Jews to fall into idolatry." And
[add] to this, that there is no mention made in Genesis of the
observance of a Sabbath ; neither is it mentioned in the book
of Job. The patriarchs kept no Sabbath. Their marriage
and other feasts are spoken of as continuing seven days —
(see Jud. XIX; Gen. XXIX; Gen. I). Nor have' the best
biblical critics been able to find any trace of the institution
among any of the early Gentile nations. The ancient Egyp
tians divided time into periods of seven days (most likely
to correspond Avith the seven quarters of the moon; they
were skilled in the science of astronomy) ; but there is. no
evidence of their having set apart any one of the seven days
as a day of rest, nor of the Jews having kept a Sabbath dur
ing the two hundred years and upwards that they remained
in Egypt. The Bible expressly declares, in speaking of the
covenant made with the children of Israel, and which in
cludes the Decalogue, that "the Lord made not this covenant
with our fathers, but with us, even us, who are all of us here
alive this day." Deut. V, 3.
Thus it appears to me that the command to remember the
Sabbath and to keep it holy has no reference to Christians
at all ; but if it does it is Saturday that must be kept, and
not Sunday. It is in vain that Sabbatarians will look in the

326 WISCONSIN HISTORICAL COLLECTIONS
New Testament for authority to change the Sabbath from
the seventh [day] of the week to the first; or for a single
verse or text which recommends or inculcates the observance
of any day of the week as one of peculiar holiness. There
is not one word said as to Sabbath breakers — nor a text that
contains the slightest idea that it was deemed unlawful by
Christ or his immediate followers to do any Avork on the
first day of the Areek that was proper to be performed on any
other day. Christ said, when he was persecuted by the Jews
for working on the Sabbath, he was Lord of the Sabbath,
and that "the Sabbath was made for man, and not man for
the Sabbath."
There are a variety of texts in the New Testament which
forbid, not only the observance of the Jewish Sabbath, but
the keeping of any one day as a day of peculiar holiness.
"But now after ye have knoAvn God, or rather are known of
God, Iioav turn ye again to the weak and beggarly elements,
whereunto ye desire again to be in bondage? Ye observe
days and months and times and years. I am afraid of you,
lest I have bestowed on you labor in vain." Gal. IV, 9, 11.
Again, "Let no man judge you in meat or in drink, or in re
spect of an holy day or [of the] new moon, or of [the] Sab
bath days." Col. II, 16, 17.
It is not from the primitive authors of Christianity, Jesus
Christ and his Apostles, that the doctrine is obtained that
the observance of the Sabbath is a conservative principle of
the world, and of perpetual obligation like the moral law.
But that it is necessary for almost all men and animals to
rest, at least as often as one day in seven, I believe ; that it
is convenient to have a uniform day of rest, I admit ; but to
force all men to rest, Avithout regard to their necessities for
labor, is unjust, an infringement upon republicanism, and a
violation of the rights of man. And it is to be hoped that
the constitution of Wisconsin Avill leave the subject to the
entire control and guidance of public opinion. The Sabbath
would be better kept, for it is the nature of man to resist
coercion. What objection could any genuine Christian have

POPULAR PROCEEDINGS AND DEBATE 327
to the identical words of Paul, the great apostle of the Gen
tiles, being adopted into the constitution, "Let no man judge
you in respect to an holy day or of the Sabbath day. ' ' This
would secure men's rights on this subject.
I have been much more lengthy on this subject than I had
anticipated; therefore I postpone till next week my other
subject, namely, the prohibition of skeptics from giving tes
timony before our courts. A Minee of Geant.

"A FARMER OF GRANT" QUESTIONED
[August 28, 1846]
To "A Farmer of Grant." Sie: In your first communi
cation respecting the state convention you speak of the ' ' re-
establishment of the ancient trial by jury, now called trial
by arbitration. ' ' Whenever, in the course of my reading, I
meet with a remark which does not accord with my OAvn
knowledge or my preconceived opinions, I feel a desire to
investigate the matter thoroughly, and thus correct any er
roneous impressions I may have received upon the subject.
Such, sir, has been my course in relation to your implied as
sertion that the ancient form of trial by jury was the same
as what we now call trial by arbitration. I have endeavored
to call to mind all the passages of history that I have ever
read which could have any bearing upon the question, and
I have examined all the authorities within my reach, but
without coming to a satisfactory conclusion.
The only thing I have been able to discover that is in the
least analogous to our arbitrations, is the arbitrative author
ity of ecclesiastical pastors which is coeval with Christi
anity. This, however, was not a civil, but an ecclesiastical
institution : though by a law of Constantine the civil magi
strates Avere directed to enforce the execution of episcopal
aAvards, and at various times afterwards similar support
was extended to these decisions.

328 WISCONSIN HISTORICAL COLLECTIONS
With regard to the present form of trial by jury (which is,
in my opinion, as free from objections as any that could be
substituted), I bebeve it can be satisfactorily proved to have
existed as early as the reign of Alfred, although many modi
fications and improvements have undoubtedly been made
since that time in the mode of selecting jurors, etc. I have
no desire, however, to go into a disquisition upon the sub
ject, had I the space to do so. My object is to obtain infor
mation ; and I find by conversation with some of my friends
that there are others besides myself who know nothing of
ancient trial by arbitration.
I will noAv, sir, respectfully request of you to give through
the columns of the American an account of ancient trial by
arbitration, with the authorities on which you predicate your
conclusions. And I do this without wishing to insinuate a
denial of your assertion. I have been much gratified in read
ing your communications, and generally I agree with you in
opinions. I should like very much, if it were agreeable to
you, to have an exposition of your views with regard to the
election of judges by the people. I am in favor of such a
law, but not without some salutary restrictions.
Respectfully yours, B. B.
LETTERS OF "A MINER OF GRANT"— No. 3
[September 4, 1846]
One of the plainest and most positive commands given in
the New Testament is, "to swear not at all." But public
opinion has, by indulging men in jockeying and misrepre
senting in their commercial and other pursuits, caused so
great a distinction to be drawn between the crime of telling
a lie and that of swearing to a lie, that swearing, notwith
standing it presupposes that men will not adhere to truth
until they are pledged by some formality, has become abso
lutely necessary.

POPULAR PROCEEDINGS AND DEBATE 329
Some religionists have sought to save both the command
not to swear and the custom of swearing by adopting the
term "affirmation" instead of oath; but I can perceive no
essential difference between them — they both require for
mality. Others, again, have got over the command satisfac
torily to themselves by construing the words, "But I say
unto you, swear not at all, neither by heaven, etc." as merely
prohibiting the use of certain interjections.
But it is not so much my object to discuss the propriety
of swearing as to show the impropriety of requiring religi
ous faith as a test of the qualification of persons to give tes
timony before our courts.
The statute of Wisconsin proAddes that "Every person be
lieving in the existence of a Supreme Being shall be admitted
to be sworn, if otherwise competent."
Now there is a Supreme Being, that is, an independent ex
istence extraneous to man, or there is not ; and such a being
exists or does not exist, whether men believe or disbelieve :
thus far there can be no disagreement ; no one pretends that
either the affirmative or the negative of this question is de
pendent upon his opinion ; the truth is because it was always
thus or so ; he merely professes to have discovered it ; had he
not discovered it, it would nevertheless have been the truth.
It must, therefore, be obvious to every man's mind that, let
men decide as they may on this agitating question, their de
cision neither creates nor annihilates, but merely relates to
an antecedent fact.
The existence of the universe, the continual motion of its
parts, the decomposition and the recomposition and new com
position which matter is constantly undergoing, the exist
ence of life — both animal and vegetable life — are evidences
which are calculated to convince the mind of every sane man
of the existence of a Supreme Being ; in fact, it is not a mat
ter of mere belief but of positive knowledge ; and to doubt it
would be just as unreasonable as to doubt the truth of the
effects. No skeptic ever did doubt it. It is not, however, the
simple question of the existence of the Supreme Being that

330 WISCONSIN HISTORICAL COLLECTIONS
skeptics and religionists differ about ; but it is as to the at
tributes possessed by that Being. The latter, or many of
them, suppose it to be made up of attributes only, without
any substance, whilst the former pretend not to know of its
possessmg any other attribute than that of power — power
to do whatever is done — nothing less and nothing more.
But the question at issue is as to whether belief or unbe
lief in the existence of a Supreme Being has any influence on
the conduct of life. If it can be shown that all those who
profess belief in a Supreme Being are good men, because
such belief has a natural tendency to goodness, and if, on
the other hand, it can be shown that unbelief tends to im
morality and is, therefore, incompatible and irreconcilable
with virtue and truth, then the religionists would have rea
son for pressing the importance of their dogmas. But if
neither can be done, if there can be found among those who
doubt men eminent for the correctness of their lives, and if,
on the other hand, there can be found among those who be
lieve both in the existence of a God, as well as to ascribe to
him the possession of the various attributes claimed for him
by any or all the different religionists, men who are reck
less and vicious, immorality will have to be accounted for
on some other principle than that of faith. Let us examine
this subject.
The idea is found to be running all through that most in
imitable composition, Pope's "Essay on Man," that God is
everything, and that everything is God. Now, although Ave
hear the doctrine promulgated from the pulpits that God is
omnipresent, yet it is never held by any religionist that God
is omniform; hence Mr. Pope would be termed a skeptic (I
use the word skeptic as being synonymous with atheist), and
the cant argument "that he believed all things came by
chance, ' ' would be urged against him. But when was ever
the veracity of Mr. Pope doubted? Or who ever questioned
the rectitude of his life?
Thomas Jefferson, the third president of the United
States, in writing to Peter Car, a young man whom he es-

POPULAR PROCEEDINGS AND DEBATE 331
teemed (see Jefferson's correspondence vol. Ill, 215), ad
vised him "to fix reason firmly in her seat, and question with
boldness even the existence of a God." Now when we re
flect that the God of nature, that is, the unknown, and, there
fore, mysterious cause of effects, is the only God that it is
possible for man to arrive at a belief in through the medium
of reason, and as it is certain that Mr. Jefferson had done
what he advised his young friend to do, the conclusion is in
evitable that he was a skeptic. But to find a man possess
ing so much effrontery as to enable him to have impeached
the testimony of the philosophic Jefferson would be to find
a crazy man.
We will now look to the other side of the question. For
the purpose of arriving at facts, it is only necessary to at
tend our justices' and other courts.
I lay it down as a position that I presume no man will un
dertake to controvert, that the slightest intentional prevari
cation on the part of a witness is a wrong of as great turpi
tude, and not unfrequently fraught with consequences as
deleterious to the rights of the parties in suit, as though the
witness had sworn that white is black. When a witness is
sworn "to tell the truth, the whole truth, and nothing but the
truth, "he is as culpable if he abridge, as though he added
to the facts within his knowledge. But everyone knows that
it is not uncommon, especially in those large mineral suits
so common among us, to hear a witness hesitate, profess an
inaccuracy of memory, and, indeed, misstate when they sup
pose that the facts given in answer to questions propounded
to them would militate against the interest of their favorite
party to the suit. Utility is the moral tie that binds good
men to truth, to speak the truth on all occasions, either in
court or out of court, and he who will not be bound by this
tie will not be bound by the ceremonies of a religious oath.
There is one other point to which I wish to call attention
and I shall have done.
The inevitable tendency of a "test oath" to cause hypoc
risy is an objection to it which should cause all good men to

332 WISCONSIN HISTORICAL COLLECTIONS
deprecate it. How many avowed skeptics there are, who, if
their right to give testimony was challenged, on account of
their skepticism, when it was [to] their interest even to tell
the truth in behalf of themselves or their friends, would pro
fess faith in the God of Moses! But there are men who
would sacrifice all they possess rather than violate truth so
much as to make such a profession. And it is for the rights
of this class of men that my feeble and unskilled pen is
raised. In conclusion, I take this occasion to invite discussion on
this question. There are talented men who hold different
opinions from those expressed above. Let them come out and
show cause why a test oath is necessary and proper. This
is a subject of vital importance ; it is absolutely necessary
to the securing of the rights of individuals that they should
be allowed to depose in behalf of themselves ; and if there is
any good reason why they should be deprived of this privi
lege on account of their religious faith let it be given.
We boast of our liberties and the right of free discussion
and as the American Avill be published again before the elec
tion it is hoped and expected that gentlemen Avill take the
field. I hold myself open for conviction on this as well as all
other subjects; and if good reason can be shoAvn why I am
wrong I will yield ; otherwise I shall feel it to be my duty to
vote for no man as delegate to the convention who goes in
for a test oath.
A Minee of Geant.

LETTERS OF "JACOB FAITHFUL "—No. 2
[September 4, 1846]
Me. Maesh — Deae Sie : As I have been importuned to
give my views upon the judicial and political powers of the
states and federal government, it shall be my aim to speak
as intelligibly as possible and make this composition as in-

POPULAR PROCEEDINGS AND DEBATE 333
teresting as my ability will admit of. It appears that ac
cording to our political theory judges are invested with a
species of political power, not for the purpose of destroying
or altering constitutions nor to disarrange the powers of
political departments, but for securing the rights of individ
uals. Constitutions and their divisions were intended for
the same end, and it was not intended that one precaution
should destroy another. Both state and federal judges, in
the trial of individual suits, are obliged to say what is law
and what is not law. They could not render justice to an
individual by leaving him to suffer without or against law.
Hence unconstitutional enactments are not laAvs. If Con
gress or the state legislatures pass unconstitutional laws it
would be no more obligatory than a law passed by a mob call
ing itself a congress; and why not? Only because the state
possesses an inherent right of self-preservation. The two
supposed laws, being of equal validity, are equally liable to
be met by this right, or it could meet neither. There is no
difficulty in reconciling the right of self-protection, mutually
possessed by the political departments, with the right of dis
pensing justice attached to judicial power. Both these
rights exist in England and one does not invade the other —
one ends where the other begins. The rights of a political
department are of a different order to those of individuals,
and were bestowed as safeguards for those individual rights.
If the rights of political departments are destroyed, they
cannot fulfill the intention for which they were constituted.
It is, therefore, an obvious error to suppose that a judi
ciary, created as an additional security for the rights of in
dividuals, can destroy or impair the rights of political de
partments, created also for the preservation of individual
rights. The people have confided the custody of their polit
ical rights, divided as they conceive in the best mode for
their security, prohibiting each from exercising powers in
tended for the others. No power is given to the judges to
compel one department to submit to the encroachments of the
others ; they have only to leave collisions to be settled by the

334 WISCONSIN HISTORICAL COLLECTIONS
mutual right of self-preservation, as is done in all other
countries by judicial power, and as is done in all cases [of]
collisions between the two departments. Nothing can be
more subversive of acknowledged principle than a habit of
inferring from security for individual liberty a power to
overturn other constitutions so far as regards a previous
negative — its preservation was a recent, and should be con
sidered a happy discovery ; but if they have tacitly blundered
into the still newer idea of exalting judicial above political
power, and investing it with an irresponsible right of med
dling politically, they have obliterated their chief principles
for the preservation of individual liberty, and tacitly ex
punged what they expressly enacted.
This is about all I shall say upon this subject. If the criti
cal reader should find any very egregious errors let him bear
in mind that I have not had the advantages of a classical
education, nor much experience in judicial or political mat
ters. Jacob Faithful
Toadville, August 25, 1846.

A SARCASTIC SCRIBBLER
[September 4, 1846]
Me. Editoe: In your paper of the twenty-eighth of Au
gust I find an article over the name of "A Miner of Grant,"
which appears rather a novel production of the age. I quote
from it:
"And it is to be hoped that the constitution of Wisconsin
will leave the subject (the observance of the Sabbath) to the
entire control and guidance of public opinion. ' '
Being myself an old miner of Grant, I shall not attempt to
vindicate the Divine institution of the Sabbath — let older
and wiser men do that — nor put my veto on leaving that sub
ject out of the constitution and laws of Wisconsin. But I
would simply suggest that the constitution of our state so

POPULAR PROCEEDINGS AND DEBATE 335
leave also the other matters found in connection with the ob
servance of the Sabbath, in the twentieth chapter of Exodus.
One of them relates to murder, another to theft, another to
perjury, and another to adultery ! Why not leave all these
evils to the "entire control and guidance of public opinion"?
For it is well known that "it is the nature of man to resist
coercion." I believe all the states in the Union have legislated on each
of these subjects, and yet their laws have from time to time
been violated. Now let majestic Wisconsin, in this day of
progressive light, shoAv her older sisters that when no coer
cion is used towards man he becomes an angel.
When I pen anything for the press, I generally sign my
name. Respectfully, A. Sceibblee.
Dodgeville, August 31, 1846.

LETTERS OF "A FARMER OF GRANT"— No. 6
[September 4, 1846]
To "B. B. " — Sie: It is now eight months since my first
communication which you allude to appeared in print. Had
you come out then and denied by "implied assertions," as
you term it, I should have felt bound to produce the authori
ties on which my conclusions were predicated, but as "A
Farmer of Grant" has lately come out in proper person in
the name of Stewart McKee, and as Stewart McKee is a can
didate for the convention, and proposes, if elected, to advo
cate a clause in the constitution for the reform of lawsuits,
"by constituting as many courts as there are townships in
the state wherein injuries shall be redressed in an easy and
expeditious manner by the suffrage of neighbors and
friends" (arbitration) — I say, as these are the circum
stances which now exist, you will pardon me for suspecting

336 WISCONSIN HISTORICAL COLLECTIONS
that your request came in the same spirit of questions put to
a reformer about eighteen hundred and forty-six years ago.
(See Matthew XXII, verses 15 to 18 inclusive.)
These suspicions are greatly strengthened by the fact that
it is well known that SteAvart McKee is a very plain man, that
his education at first was barely sufficient for a farmer or
mechanic, that he performed manual labor for forty years,
a great part of the time working by the day, the month, or
the year for others, and that consequently he could not be
very well versed in ancient history, or the two hundred thou
sand quarto pages of the common law.
You have been very kind, however, in furnishing me with
the knowledge of "the arbitrative authority of ecclesiastical
pastors," and its being enforced by the civil magistrates, and
is a law of Constantine, and of receiving similar support at
various times afterwards. This I esteem as proof, to some
extent, of arbitration and ancient trial by jury being one and
the same thing.
For the benefit of those whose votes I expect to receive. I
will give a question [quotation] or two from Blackstone,
remarking as I go along that my principal guide will be jus
tice and reason rather than ancient forms, but as I think the
ancient forms will bear me out here they are :
Blackstone, Book III, chapter 4, says :
The policy of our ancient constitution, as regulated by Alfred the Great,
was to bring justice home to every man's door, by constituting as many
courts as there were manors and townships in the kingdom, wherein in
juries were redressed in an easy and expeditious manner, by the suffrage
of neighbors and friends. These inferior courts, at least the name and
form of them, still continue in our legal constitution; but as the superior
courts of record have, in practice, obtained a concurrent original jurisdic
tion with these, and as there is besides, a power of removing actions
thither from all the inferior jurisdictions, upon these accounts it has hap
pened that these petty tribunals have fallen into decay, and almost into
oblivion, whether for the better or worse may be a matter of speculation,

POPULAR PROCEEDINGS AND DEBATE 337
Judge Blackstone says, Book III, chapter 23 :
The subject of our next inquiries will be the nature and method of trial
by Jury (called also trial by the country) a trial that seems to have been
coeval with the first civil government thereof — certain it is that they were
in use among the earliest Saxon colonies, and hence it is that we find
traces of juries in the law of all those nations which adopted the feudal
system, as in France, Germany, and Italy, who had each of them tribunals
composed of twelve good men and true (boni homines), usually the vas
sals or tenants of the lord, being the equals or peers of the parties liti
gant; and as the lords' vassals judged each other in the lords' courts, so
the king's vassals, or the lords themselves, judged themselves in the king's
courts. (No learned judges there to instruct the jury.)
This tribunal was universally established among all the
northern nations, and so interwoven in their very constitu
tion that the earliest accounts of the one give us also some
traces of the other.
With regard to the present form of trial by jury, you say
that, in your opinion, "it is as free from objection as any
that could be substituted." This is only matter of opinion.
My opinion is quite different; but as I am only a common
farmer my opinion of itself has but little weight. I will,
therefore, call to its aid the opinion of a man honored and
beloved for his wisdom and virtue, not only by the people
of these states, but by the whole world — a man who filled the
highest office in the gift of a free people with profit to them
and honor to himself — the only man that ever lived whose
fame and reputation could excite the envy of Bonaparte.
His name is George Washington. I will give his opinions
by an extract from his last will, as follows :
In this construction of this my last will- and testament, it will readily
be perceived that no professional character has been consulted, or has had
any agency in the draught; and although it has occupied many leisure
hours to digest, and to throw it into its present form, it may, notwith
standing, appear crude and incorrect — but having endeavored to be plain
and explicit in all the devises, even at the expense of prolixity, perhaps
tautology, I hope and trust that no disputes will arise concerning them;
22

338 WISCONSIN HISTORICAL COLLECTIONS
but if, contrary to expectation, the case should be otherwise, from the want
of legal expression or of the usual technical terms, or because too much
or too little has been said on any of the devises to be consonant with law,
my will and direction expressly is that all disputes (if unhappily any
should arise) shall be decided by three impartial and intelligent men,
known for their probity and good understanding — two to be chosen by the
disputants, each having the choice of one, and the third by those two;
which three men thus chosen shall, unfettered by law or legal construc
tions, declare the sense of the testator's intentions; and such decision is,
to all intents and purposes, to be as binding on the parties as if it had been
given in the Supreme Court of the United States. In witness, * * *
[Signed] George Washington.
Here, sir, is some authority for settling disputes by
friends and neighbors, arbitration or ancient trial by jury,
as established by Alfred the Great, as you please to term it ;
and that too, cheaper, quicker, and more certain than our
present form. A Faemee of Geant.

POPULAR PROCEEDINGS AND DEBATE 339

SELECTIONS FROM THE LANCASTER WISCONSIN
HERALD
CANDIDACY OF THOMAS P. BURNETT
[January 29, 1846]
To the People of Grant County:
Fellow Citizens: During the spring and early part of
the summer, I was frequently solicited by citizens in different
parts of the county to become a candidate for delegate to the
convention. To these requests I generally replied that I
thought the station one of too much importance, the duties
to be performed too serious in their consequences to the peo
ple and to posterity, to be sought after with avidity and man
aged for by the common tricks of electioneering. I said that
as a citizen I would rather see the people act deliberately and
select from among themselves the men best qualified by their
capacity and integrity to serve them, than to see individuals
pushing themselves forward for a trust of such high respon
sibilities. I, however, said that, if the people desired that I
should serve them in that capacity I would not refuse to
do so.
When I left home to attend the supreme court at Madison
I knew not whether I should or should not be a candidate.
While absent, I was written to from this county upon the
subject, and I authorized some of my friends, if they should
be satisfied upon inquiry that it was the wish of the people,
to place my name before the public; and these are the cir
cumstances under which it has appeared among the list of
candidates. Trusting the matter entirely to the candid judg
ment of the people, who alone have a right to say who shall
serve them, I had not intended to say anything upon the
subject myself. Having prescribed this course for my OAvn
action, neither feeling nor making any opposition whatever

340 WISCONSIN HISTORICAL COLLECTIONS
to any candidate for popular favor, and considering the cir
cumstances under which my name had been presented, I had
hoped that my merits, whatever they may be, would be con
sidered fairly, and that it would not be thought necessary
by anyone to misrepresent me. A little reflection, however,
might have satisfied me that this was a vain expectation.
Upon reaching home from Madison on the twelfth instant,
after an absence of near four weeks, I received a letter that
had been sent to my house before I returned, by a friend in
Beetown, informing me that a report had been started "that
I was in favor of the 'Alien Law,' " and that in proof there
of it was stated, "that, in a public speech in Madison last
winter, I declared that personally I was in favor of that law,
and the reason why I opposed it was because my constitu
ents wished its repeal." I received another letter from a
friend at Lancaster written about the same time communi
cating the same information.
My first impression was to pay no attention whatever to
so gross a falsehood. Some of my friends, however, seem
to think that silence might be construed unfavorably by some,
and have urged me to correct the impression that has been
attempted to be made against me; and in accordance with
this desire on their part, I now address you this communica
tion. The report alluded to has not the semblance of truth for
its foundation. Since the legislature first undertook to con
fer the right of suffrage upon foreigners not naturalized, I
have never expressed any such sentiments as those attri
buted to me by it, either at Madison or elsewhere, in any
public speech or private conversation. I have always be
lieved, and still believe, that the power is possessed by Con
gress alone of prescribing the terms upon which foreigners
may become entitled to the rights and privileges of native-
born citizens, and that the local governments cannot consti
tutionally exercise that power. I have expressed no opinion
to the contrary of this upon any occasion. I believe that
many who favor the contrary doctrine do so for the purpose
of courting foreign influence to advance their own selfish

POPULAR PROCEEDINGS AND DEBATE 341
views. I have never, myself, courted any such influences.
I am willing to be judged by the truth, by all parties and by
men from all countries. I have no prejudices or unkind feel
ings against foreigners. I do not wish to see them deprived
of the smallest portion of their just rights and privileges. I
consider the naturalization laws to be about as they should
be, and that if they are wrong Congress is the only power
that can, constitutionally, alter or amend them. When for
eigners come into our political household by the right door,
I am not in favor of making any distinction in relation to
them, except such as I would make towards all mankind —
that sort of distinction that virtue and intelligence may de
mand. When the state government bill was before the House of
Representatives last winter, Mr. Pole, of Iowa, offered an
amendment to it, the object of which was to restrict the right
of suffrage to citizens of the United States. I, with my col
leagues from this county, voted for the amendment. I had
consulted with Mr. Pole on the subject before the amendment
was offered, and we came to the conclusion that he should
offer it instead of myself, though, if remembered correctly,
it was originally drawn by me. I also voted against the pas
sage of the bill, principally on account of its provisions re
specting the qualifications of voters, although the bill was to
my mind highly objectionable in other particulars. In view
of what has been my uniform course upon this subject, both
in public and in private, I am at a loss to conceive who could
have been so lost to all sense of truth and justice as to have
fabricated so false a statement as that which has been put in
circulation against me. I am unwilling to believe that it
was anyone who possesses the smallest claim to respectabil
ity in any community. From the manner of putting forth
the report, and the time selected for it, when I was absent
from the county and not expected to return in time to ob
viate its effects before the election, it would be a violence to
reason to imagine any honorable object designed to be
effected by it.
From what I have observed for more than a year past, I

342 WISCONSIN HISTORICAL COLLECTIONS
have no doubt that a strong effort will be made in the conven
tion to incorporate the alien suffrage principle into the con
stitution. I believe this to be the ulterior object of the
friends of the present law from the beginning, though there
were but few who would avow it. They have since grown
more confident, and some of the candidates for delegate to
the convention in other parts of the territory have already
given pledges in favor of the measure, and they confidently
expect now to establish their principles permanently by the
constitution. I think, then, that it is important that every
man who seriously reflects upon the consequences of such a
measure ought to consider well as to whom he will cast his
vote [for] at the coming election.
I commenced writing this address a week since, but was
prevented from completing it by a sudden attack of fever and
have not been able to finish it before this time, and it may
now be too late to have any effect. I do not expect to be
able to see the people generally before the election, nor do I
feel very much disposed to make stump speeches upon an
occasion like the present. My name has been placed before
the public as a candidate under the circumstances already
stated. I did not seek to have myself placed in this posi
tion. I had no desire of my own to become a candidate. It
is the right of the people to do just as they please in relation
to the matter, and whatever their decision may be, it will be
cheerfully submitted to by me. I trust, however, that the
people of Grant will not give a response to falsehood and
misrepresentation, directed against one who has endeavored
to serve them faithfully, and, whatever may have been his
errors, has tried in all things to act consistently and for the
best. Should I be chosen among others to represent you in
the convention I can only say that this renewed confidence
shall be met with renewed exertions on my part to fulfill all
just expectations. Respectfully, your fellow citizen,
THOS. P. BUENETT.
Grant County, August 25, 1846.

POPULAR PROCEEDINGS AND DEBATE 343
THE CONSTITUTION
[February 14, 21, 28, March 7, 14, 1846]
One of the most important objects to be secured by our
new constitution will be the proper and safe distribution of
power. We must clothe the state with ample power, and the
question is, how can it be made at the same time most efficient
and most secure from abuse.
DISTEIBUTION OF POWEE
All experience of popular governments in America shows
the necessity of dividing power into three distinct depart
ments, composed of separate bodies, and each department
confined strictly to its own sphere. Upon the nice and ac
curate adjustment of these checks and balances, greatly de
pends the well government of the state. These departments
are : First, the legislative ; second, the executive ; third, the
judicial. OF THE LEGISLATUEE
The legislature is the grand medium through which the
popular will expresses its decrees and infuses vitality into
the body politic. Even in our present embryo political con
dition, it is the umbilical cord of our territory. It enacts
laws and provides the money and means necessary for the
enforcement of its will. The legislature is the popular voice,
speaking through the constitution and modified by the con
stitution alone. It is composed of two branches, a senate
and house of representatives, both elected by the people
and both representing precisely the same interests. The
Senate in Rome, like the House of Lords in England, repre
sented the landed and aristocratic interest. We have only
one interest to be represented ; still it is found to be a salu
tary check upon rash and inconsiderate legislation to be rep
resented in two legislative branches, in each of which every
bill must pass through all its stages in regular form before
its final enactment, thus affording time for deliberation, and

344 WISCONSIN HISTORICAL COLLECTIONS
instruction from primary meetings of the people. Members
of the senate are usually elected for a longer term than mem
bers of the house of representatives. Two years, the pres
ent term of members of the council, is a term of very suitable
duration — short enough certainly. As for the lower branch,
the members ought to be elected annually. Much diversity
of opinion exists as to whether the people should be very
fully represented in the general assembly or not. The ratio
of representation cannot be fixed to suit all. One will insist
upon incorporating in the general assembly as many of the
people as possible, while another will urge the difficulty of
uniting a multitude of discordant minds in support of im
portant measures often embracing a great variety of de
tails upon which a fewer number of more intelligent minds
would readily coincide. Again, the great expense of an over
grown assembly is an important item of consideration with
the people. A large legislative body, embracing, as it gen
erally does, a smaller proportion of men who do their own
thinking, than a smaller and more select body, is more in
danger of being led by a handful of artful demagogues.
OF THE EXECUTIVE
The office of governor is the highest and most responsible
office in the state. The governor is not only the highest civil
officer, but he is also the highest mihtary officer in the state ;
and much depends upon his promptness and decision in
emergencies threatening the peace of the state. There is
but little danger of an abuse of authority by the governor of
the state, and therefore he should be clothed with ample au
thority. Our first experiment in state government will prob
ably be made under the administration of Governor Dodge
upon whom all men of all parties will unite as the man to
hold the helm when our new vessel of state shall be launched
from the stocks. The governor ought to be elected for a
term long enough to give effect to the measures of his admin- .
istration. A term of four years is about right. The veto
power has been conferred and after much experience found
salutary in most of the state constitutions. In this as in

POPULAR PROCEEDINGS AND DEBATE 345
other matters we have little faith in innovations and ex
periments in government. OF THE JUDICIARY — Nd. 1
We next consider the third division of power, viz: the
power conferred upon courts of law.
That the machinery of law is cumbrous and expensive,
that it often fails of the due administration of justice, is true.
The atmosphere of the common law is that in which we were
born and which we breathe from the cradle to the coffin.
Our habits, our modes of thought, our notions of right and
wrong are shaped and perhaps sometimes distorted by it.
It was fastened upon our infant republic like a coat of mail
which then protected it, but has now become too tight, so
that the iron enters into the soul. The natural tendency of
multiplying judicial decisions for centuries is to multiply
legal refinements, legal subtleties, and legal technicalities.
The process of hairsplitting like a series of infinitesimals
has no end. The people feel and know this fact, or rather
the results of it ; but neither the people nor the wisest of their
legislators have been able to invent any better remedy than
to try to avoid lawsuits. Those who think that lawyers en
deavor to make law an intricate labyrinth do the profession
gross injustice. The intricacy of law is mainly owing to the
imperfection and ambiguity of human language, to the in
finite diversity of interests and rights which law has to pro
tect, and [to] the fallibility of evidence. That a more simple
and economical system of jurisprudence may yet be invented,
we are not prepared to deny ; but we do deny that the man is
now living who can overthrow the great framework of law
now existing in England and America and build up another
of new materials, which would not violate established rights
and the principles of sound reason. It is sheer quackery to
pretend it. We must either have judges who will be gov
erned by law and the principles of justice as already known
and established, or we must submit to the arbitrary rule of
our judges, and have in fact nothing to shield us from their

346 WISCONSIN HISTORICAL COLLECTIONS
unlimited despotism. In fact, law, imperfect as it is, is so
near the perfection of reason that when its principles are
once understood they cannot be obliterated from the mind —
and they will govern its decisions. Annihilate reports, de
cisions, and authorities, and your judges would still be gov
erned by existing principles of law. If you select for judges
men who are ignorant of established principles of justice,
they will only be groping in the dark to find these same prin
ciples. Like blind Samson, they would feel for the pillars of
justice. Would they not, like him, overthrow the temple?
The more one studies this subject in all its bearings, the
more difficulty he will find in effecting a radical change. All
possible plans for arbitration or umpirage in the end re
solve themselves into lawsuits. Awards, like verdicts and
decrees, must be made up according to known methods of in
vestigation, established principles of right, and sound rules
of evidence or they will never satisfy the reason and sense
of mankind. The great inquiry will still be, What is the law
and evidence? The agency of lawyers and a scrutinizing
investigation of the principles governing the case will still
be requisite, conduct the trial as you may; otherwise deci
sions must be purely arbitrary, and litigants might as well
settle their differences by crack lieu [crack-loo] or flipping
coppers ; and presently every unprincipled scoundrel in the
neighborhood would challenge you to determine by the game
of chance whether you or he should have your horse or your
farm. ON THE SALARIES OF JUDGES
Everything has a relative value, from a potato up to a
president. When the people go into the market to hire the
services of an officer, they have to consider how much money
will be necessary to render that officer an equivalent for his
services ; and those services are worth as much as that offi
cer 's talents will enable him to command in another sphere.
If the state of Wisconsin had occasion to hire four stone
masons to hew stones for building a penitentiary, they might
probably be hired at $2 each per day ; but if it were necessary

POPULAR PROCEEDINGS AND DEBATE 347
for the state to employ four competent sculptors to provide
the statehouse Avith statues the state could hardly induce
artists of acknowledged genius, who had spent the prime of
their existence in the study of the great masters and in the
seclusion of Italian studios, to do their work at $2 each per
day. Nor is it to be presumed that lawyers, whose talents
and legal attainments will enable them, after a life of patient
study and perchance of poverty in the most laborious profes
sion in the world, to command a lucrative practice, will be
decoyed from the bar to the bench, by any such paltry salary
as that provided by the rejected constitution of Iowa. We
must pay state officers as well as the federal government
pays them, or they will seek office under the federal govern
ment. We must pay them as much as they can make in any
other way, or we must do without them and employ a class
of smaller men. Twelve hundred dollars is no more than
each of our judges ought to receive per annum. Have cheap
fences if you will — slop clothing if you will — cheap watches
if you will — but for God's sake don't have cheap judges!
OF THE JUDICIAEY  No. 2
We have now in Wisconsin three judicial districts. Every
year adds not only to our population, but also to the number
of counties and the business of the courts. Under the con
stitution there ought, perhaps, to be four districts. But at
any rate, courts ought never to be multiplied beyond the ab
solute necessities of justice; for courts, like barrooms, the
more they are multiplied the more they will be frequented.
The more litigation is indulged, the stronger becomes the
passion for it. We concur in the opinion expressed on this
subject by an eminent lawyer in New York, who says with
reference to that state that under a pretense of obtaining
speedy justice our judicial system has been from time to time
greatly enlarged. Still, we now find ourselves farther than
ever from this desirable object. The truth is that the pas
sion for litigation has keot pace with the extension of the
system. Its administration is made the most honorable and

348 WISCONSIN HISTORICAL COLLECTIONS
profitable employment, and the present judicial arrangement
seems admirably adapted to inspire the community with a
litigious spirit. Such gigantic and imposing legal facilities
tend more and more to increase the number of litigants and
to make litigation the predominating passion, and with many
the main business of their lives.
The remedy proposed is to cut down the system to the
smallest possible dimensions and simplify it in all its details
— instead, therefore, of increasing, to lessen the number of
the courts, for the more terms held in the several counties the
greater would be the calendar of causes at each court. A
general discussion of the various plans by which this reform
could best be accomplished would lengthen this communica
tion beyond a readable article. All that now is intended,
therefore, is to suggest the basis of a judicial improvement.
Manifold are the evils of litigation, and with us it is fast
becoming an absorbing passion. It engenders bad feelings,
keeps the community in a perpetual state of warfare, and is
a fruitful source of crime. The more the people are engaged
in it the more the desire increases for this kind of strife and
its attendant excitement. Their minds should, therefore, be
as much as possible turned from it. The system is a dead
weight on the body politic, and its enormous expense is main
tained by the hard labor of millions. Hence it should be
made as economical as possible. This great subject opens
a vast field for investigation, involving human progress and
the best welfare of the people. Our experience and reflec
tion has led to the belief that a radical change ought to be
made in our judicial system upon the principle suggested.
It is a law of human nature that the more any faculty is
exercised the stronger it becomes. The greater the facility,
therefore, for such exercise, the more rapid will be its
growth. Hence Napoleon's brilliant military career made
war the ruling passion of his time. It was peace and the oc
cupations of peace that allayed this passion.
Those entrusted with the formation of governments should
reflect deeply upon these principles. For political constitu-

POPULAR PROCEEDINGS AND DEBATE 349
tions ought to harmonize with the human constitution.. A
thorough knowledge of the latter is, therefore, highly requi
site for a skillful construction of the former. Tendencies to
violence should be avoided, for the more the passions are
aroused the stronger they grow. The obvious tendency of
all human laws should be to restrain the animal propensi
ties and strengthen the moral sentiments.
APPOINTMENT OF JUDGES
There are three modes of making judges : First, by ap
pointment of the governor with the advice and consent of the
senate; second, by election by joint ballot of the house of
representatives and senate ; third, by direct vote of the peo
ple at the ballot box.
In favor of the first mode, i. e., appointment by the gov
ernor, it is urged that the chief magistrate of the state would
necessarily be well acquainted with the most prominent tal
ents in the state, and peculiarly well qualified to select judges
of eminent abilities. To this it will be objected that gov
ernors are often demagogues, and generally have friends and
partisans to reward. It will be asked whether the president
of the United States, elevated as he is, does not daily appoint
to offices of trust the basest of party hacks, who deliberately
plunder and unblushingly rob and steal? It will be said that
a necessary result of clothing the executive with such patron
age is to surround him, when elected, with party hacks, to
whom, as the necessary instruments of his promotion, all
offices within his gift have been already pledged before the
meeting of the party caucus by which he was nominated.
In favor of electing by joint ballot of the legislature, it is
urged that that body will embrace the select talent and wis
dom of the state, fully represented from every quarter — that
this mode of appointment Avill deprive the executive of pat
ronage dangerous to be exercised by one man; and that this
mode of appointing judges has been favorably tested in the
state of Vermont, where judges are thus chosen for a term
of five years.

350 WISCONSIN HISTORICAL COLLECTIONS
On the other hand, it will be urged that legislators, being
generally ambitious men, are ready to logroll and manage
to promote one man or to put down another, not so much
with reference to his merits as with a view to their own ag
grandizement or the accomplishment of some cherished
scheme of legislation.
Against the last mode mentioned, i. e., the election of
judges for a term of, say five years, by direct vote of the
people, it is argued that the people are not suitable judges
of judicial qualifications, that the judges would lack inde
pendence, would be mere creatures of the popular will, and
that their decisions would be influenced by the prejudices
and opinions of the multitude. In reply to such objections,
it may be said that it is an old federal axiom that the people
are not to be trusted. If this axiom be true, we cannot too
soon change our form of government. Those savants, who
assume to be invested with extraordinary wisdom, and to be
themselves the peculiar guardians of conservatism, ought to
ask for letters patent of nobility. No, the people must gov
ern, and no disguise about it. As power with us has but
one source, let it be simple and direct in its application. We
say — let our judges be elected directly by the people. We
shall then have a simple, effectual power of correcting abuses,
a power lodged where it ought to be, in the hands of those
who suffer by abuses, and who, depend upon it, know when
reform is needed as well as anybody can tell them.
Such, in brief, are some of the arguments for and against
these several modes of appointing judges.
OF JUSTICES OF THE PEACE
These officers should be elected. Their office is one of
much responsibility, especially in the mines, where they al
most of necessity must have jurisdiction in actions of forcible
entry and detainer. Our experience in the election of jus
tices in Wisconsin is decidedly in favor of that mode ; for al
though a man may be occasionally chosen justice of the peace,
but little better qualified than the Arkansas justice who kept
for his docket a bundle of shingles, yet our justices are gen-

POPULAR PROCEEDINGS AND DEBATE 351
erally about the best men in their respective precincts. In
Illinois and in many other states justices of the peace have
jurisdiction to the amount of one hundred dollars in assump
sit. Here their jurisdiction cannot exceed fifty dollars. In
this as in other matters we are opposed to altering
existing and Avell-knoAvn laws, unless such alteration be clear
ly beneficial. Our present frame-work of jurisprudence
need not be utterly torn down.

IDEAS OF "J. T. M." CONCERNING REFORM
[August 29, 1846]
What fantastic follies dance, caper, and turn their somer
saults under the specious banner of reform. The royal
astronomer, Alphonso of Castile, boasted that had he been
of the Creator 's privy council he could have given him good
advice in the construction of the solar system! Alphonso
had a royal bump of self-esteem, but not greater than many
republicans have, who do not entertain the least doubt that
they could deposit in the patent office of the universe a model
of a system which the All-wise Creator would be glad to fol
low in his future operations. Man, his laws, his habits, if
we take an extensive survey of his condition, is marching
onward to a happier, higher destiny. Taught by experience
he slowly reforms his habits — gives his tobacco to the worm
that devoured Jonah's gourd — no longer allows his soul to be
hearsed by blasts of opium to a delusive Elysian [Elysium],
in comparison with which even the bright plains of China
are cold and bleak as Nova Zembla. He even abandons ar
dent spirits, canonized alcohol, the elixir of life, the late dis
covered juice of that same apple that was to make a goddess
of Eve, and cause wings to break forth from her armpits.
Yes, this long-loved fiery beverage men can repudiate — they
now can stigmatize it as the spittle of old Diabolus, made by
masticating malt and brimstone. Such is the character of
all genuine reforms — not a military "face about," a direct
retracing of the back track like a lost dog. But when men

352 WISCONSIN HISTORICAL COLLECTIONS
take a tack, they cut the circumference of a huge circle, a
circle of the sphere. Like a steamboat, a ship, or a comet
round the sun, in all genuine reforms men alter their course,
gradually, gracefully, circularly — never suddenly. If they
take the back track, literatim et verbatim, like a pendulum,
an opposite impulse will dash them to their starting point.
This is vacillation — change, but not reform. Well, perhaps
the deputy editor has been preparing a weapon to wield
against the radical reforms contemplated by some of our
conventionists ? Exactly so. The candidates have their
sleeves rolled up; some are determined to reform the judi
ciary, another the executive, another the legislature ; another
menaces the common law. This brave knight has mounted
his Rozinante and with lance in hand is pursuing the com
mon law all over the county, and there is no chance for the
old hag. Come to her funeral, lawyers, and weep and cry,
' ' Alas ! my mother. ' '
Communities slide imperceptibly- into all beneficial re
forms, for destiny favors man. When society in its progress
comes to two roads, destiny invisibly points out the right
road. When the experienced engineer has surveyed and pre
pared a better and a shorter road, then he may, with diffi
dence, close up the old one. Solomon says, "My son, be not
given to change." But some of the candidates scorn to call
Solomon "daddy"; they turn time end for end. One affirms
he is Solomon's grandfather, another that he is his great
grandfather. They all locate their origin nearer the source
of wisdom than ever Solomon pretended to have traveled.
Stop up the track which a community of ants have been ac
customed to travel — even if you offer them a better one, you
nonplus them, retard their work, and time passes off before
they adopt the improvement. And how does the least altera
tion bring the entire community to a dead pause — perhaps
the alteration is not half worth the disorder it creates. We
do hope that the candidates will have diffidence enough to
teach them the extreme difficulty of making judicious re
forms of constitutional law. The least guano in their shoes

POPULAR PROCEEDINGS AND DEBATE 353
might force a growth beyond that of Jefferson or Jackson.
Should they outgrow the elephant that is making the same
circuit, what will the showman do? J. T. M.

THOMAS SHANLEY'S PLATFORM
[August 29, 1846]
To the Voters of Grant: Having been solicited by my
friends to become a candidate for the delegacy, I deem it
a matter of justice to the public to state what principles I
tliink ought to be engrafted on our constitution.
I am sincerely in favor of all foreigners being allowed the
privilege of voting under our future state government, when
duly naturalized, but I am strenuously opposed to the hocus-
pocus process of making voters out of foreigners adopted
by political demagogues. " Go in gammon, and come out sal
mon" — I don't believe that any Avorthy foreigner prefers
such indecent haste in making him a partisan ; I don't believe
in moulding them, like plaster paris busts, into Whigs and
Democrats as soon as they reach our shores.
Again, a farmer's best bank being a bank of rich soil, and
being a farmer myself, I am steeply opposed to your sand
stone banks, and your shinplaster delusions, and believe
they were hatched by "Old Nic" himself. I want money
that will jingle. Nevertheless, as it is impossible to foresee
the necessities of our future state, I am not in favor of tying
the hands of future legislatures. Only let the stockholders
be made personally liable and no company will meddle with
banks unless they can stand their recoil. The blunderbuss
ought to kick behind with as much force as it projects paper
balls and bills before; then let the corporation "touch it off "
who dares.
The people being the source of power, all judges and min
isterial officers should be elected by them. Fresh from the
people, our judges will be honest and like the people, and do
justice to the people. Give me cool water, breathing the cool
23

354 WISCONSIN HISTORICAL COLLECTIONS
breath of the sparkling fountain — so give me officers fresh
from the people, with the people's flavor upon them, with
hearts warmed by gratitude to the people— then you would
not see a set of dull, loafering, indolent, insipid officeholders
who become official paupers and whom the people must for
ever feed with a spoon. No — let them go out from the peo
ple, then return to the people, and they will not forget they
are parts of the people.
These are my true, real sentiments. A Republican of '76
— I want a young constitution just like old Uncle Sam's ; and
hope that those electors who are my way of thinking will
give me their hand. Thomas Shanley.

VIEWS OF "Z" ON MINORITY RULE
[September 19, 1846]
Me. Editoe : I had the satisfaction of having an expres
sion of sentiment from the stumps from some of the dele
gates, previous to the election, in regard to what they con
sidered the essential features of a constitution. This ex
pression embraced all the principles that have been agitated
in the community, but there is one of general usage in Ameri
can jurisprudence which was not discussed by the delegates,
nor has it been by the people.
I allude to that plan of elective franchise adopted by the
federal, and nearly all the state governments, which renders
minorities competent to elect. Notwithstanding it is a well
received doctrine of representative democracy that the ma
jority ought to rule, yet, from the details of the laws regulat
ing elections, generally, such is not actually the result.
I submit it, therefore, to the people of Wisconsin and their
delegates, whether or not there shall be a provision in our
constitution making a majority of the whole, instead of a
plurality, necessary to elect.
Long established usages which have been sanctioned time
and again by the wise and the good, I am aware, ought not

POPULAR PROCEEDINGS AND DEBATE 355
to be abolished Avithout mature deliberation ; but the science
of self-government is progressive in the same ratio as is the
development of the human mind; and, in the establishment
of the fundamental law or new charters of government, it is
not only admissible but it is imperative upon us to examine
cardinal principles with freedom and candor.
Plurality is the principle that governs elections in this
territory — the candidate getting the highest number of
votes is elected; and how does it operate? Why, whenever
there are three candidates for any one office a minority of
the whole most generally elect, and whenever there are seven
or more (as in Grant County this year for sheriff) the minor
ity are sure to elect. Compare the number of the sheriff's
votes with the whole number polled in the county, and you
Avill see the operation of this principle. Thus a diminutive
integral of the suffrage of Grant County, under this mode
of election, constitutes a ministerial officer Avho legally as
sumes a function and enters upon the discharge of duties pe
culiar to the interests of the whole county.
Now, we all know the people are the source of power — we
know, too, that an election is nothing but a transfer of power,
and it is palpable, also, that if the principle of a majority's
ruling be lost in a primary transfer of power it can never
again be reached. Of what use would it be to enact law by
a majority of the legislative department when the vote of a
minority elected that department? The writer has seen po
litical phenomena of this character in his native state. More
than once he has seen a majority of the members of the leg
islature returned by minorities of their several counties,
thus constituting a coordinate branch of the government of
a state by a minority of its suffrage. Such have been the
practical effects of the principle in other states ; such effects
are rendered mathematically certain Avhenever office-seek
ing becomes the rage of a community, and if there be any
safety in judging the future by the past, the enormous de
mand for public service at the hands of the people this last
canvass would certainly make out a strong case so far, at
least, as this county is concerned. Z.

356 WISCONSIN HISTORICAL COLLECTIONS

SELECTIONS FROM THE MINERAL POINT
DEMOCRAT
STATE GOVERNMENT13— No. 1
[October 8, 1845]
Me. Beitt: The time has arrived when Wisconsin may
with propriety assume the dignified station to which she is
entitled amongst her sisters of our republican confederacy.
With more than the number of inhabitants required by the
Ordinance of 1787 to authorize Wisconsin to knock at the
doors of Congress and demand admission into the Union,
her immense resources as an agricultural, commercial, man
ufacturing, and mineral producing country are daily and
hourly being developed to such an extent as to justify the
belief that she will rank among the first of the western, and,
as regards those advantages, superior to many of the east
ern states.
At various times within a few years the executive of the
territory has recommended that a vote of the people should
be taken on the question of state government ; laws have been
passed on the subject; votes have been received for and
against the question; but the people themselves have never
hitherto asked for the measure ; and this consideration, to
gether with the fact that the votes Avere taken at a general
election when the minds of the people were more directed to
the selection of territorial and county officers than to the ab
stract question of state government, which never had pro
ceeded from themselves, may well account for the result;

M These articles on state government, published in the Mineral Point
Democrat, were doubtless written by Moses M. Strong. The Democrat, es
tablished in April, 1845, was published at Mineral Point only until the
close of the year; it was then removed to Madison where it reappeared
as the Wisconsin Democrat, under the editorship of Beriah Brown. A com
plete file of the Democrat is preserved in the Wisconsin Historical Library.

Moses M. Strong
From a photograph in the Wisconsin Historical Library

POPULAR PROCEEDINGS AND DEBATE 357
not one-fourth of the citizens of the territory have ever
voted on the subject.
Petitions are noAV in circulation in all the election pre
cincts of Iowa County calling on the legislature to pass a
law, at as early a day as possible, to authorize the people of
the territory to vote for or against state government, at a
special election to be held as soon as practicable. And if
the majority should be in favor of the measure, then that
such further legislative action be had as to authorize an elec
tion to be immediately held to choose delegates to a conven
tion, in order to frame a constitution for the state of Wis
consin. These petitions, so far as we can learn, are signed
universally by reflecting men of all parties.
If the measure meets with the approbation of the people,
Wisconsin may hold her state convention, form her constitu
tion, and apply to Congress for admission into the Union
before the adjournment of the next Congress.
It will suffice at present to state a few of the reasons Avhich
to my mind are imperative on the people of Wisconsin, im
mediately to adopt state government.
1. We have 100,000 inhabitants Avithout a voice in either
house of Congress.
2. We can now come into the Union with the prospect of
obtaining such advantages as we may rightfully ask for:
as Florida and Texas (slave-holding states) are now part
of the confederacy, and the balance of state power in the
Senate can only be preserved by the simultaneous admission
of the free states of Iowa and Wisconsin. Hereafter, Wis
consin may be obliged to come into the Union alone.
3. The advantages above alluded to are, in part, "a re
linquishment of the assumed right of general government to
exercise a landlord's privilege over the mineral lands — a ces^
sion of public lands for internal improvements and state
purposes — remuneration for unrightful abstraction of terri
tory from Wisconsin by Congress, in establishing the state
line of Illinois, and in compromising the Michigan and Ohio
controversy at the expense of Wisconsin.

358 WISCONSIN HISTORICAL COLLECTIONS
4. We acquire the responsibility of all officers to the peo^
pie — our executive, our judiciary in all its branches ; and the
regulation by law of the tenure, salary, and accountability
of all officers whatsoever, civil or military, in the state.
5. We acquire the right that our legislature may sit as
long as they have business before them ; and that they shall
not be restricted to the number of days for which Congress
may condescend to appropriate pay for them.
6. We receive our due weight in the Union by the voices
of our senators and representatives in Congress.
7. State government will put an end to sectional differ
ences as to delegate to Congress from the east or from the
west. District representation will produce harmony of po
litical feeling, and eventuate in the general political welfare
of the state.
Many more reasons might be urged for the desired step of
adopting state government as soon as possible : On each of
the above enumerated causes for asking the voice of the peo
ple upon the measure, I will hereafter give you a communica
tion, should you think proper to open your columns on the
subject. S.
STATE GOVERNMENT— No. 2
[October 15, 1845]
Me. Bbitt: In my first communication I stated some of
the principal reasons why the people of Wisconsin should
be desirous of adopting a constitution and assuming state
government; let us review them in their order.
"We have 100,000 inhabiants in the territory, and we
have no voice in either branch of our national legislature. ' '
If such a state of political affairs existed in any commun
ity claiming to be governed by free institutions, and no rem
edy against compulsory power was presented, short of rev
olution, the desirable end to be attained would justify the
means by which it could be reached. The enactment of laws

POPULAR PROCEEDINGS AND DEBATE 359
of any character, by which a people are to be bound by a
body or constituted power in which such people have no
voice of approbation or dissent is an essential part of the
definition of despotism. Such most certainly is not our
case, because, under the compact and ordinance by which
Wisconsin was laid off nearly sixty years since as a separate
state, with metes and bounds accurately defined, and with
rights and privileges designated and secured to her and her
future citizens and inhabitants, she is entitled to walk into
the federation and claim her station as a sister star when
ever she has 60,000 inhabitants. That time has now arrived,
and Wisconsin with more than 100,000 inhabitants ought no
longer to hesitate in demanding her rights as a state, and
that the sound of her voice be heard in the councils of the
nation. It is true that we have a delegate in Congress already, and
a part of our business can always be attended to, at the seat
of government, if our delegate be capable and industrious;
but it is a part only. He may present petitions ; he may rea
son with members of committees, and he may speak his senti
ments on the floor of Congress; he may communicate his
Adews to members of the Senate ; he may weary his mind and
prostrate his physical powers by over-exertion, and all his
efforts may end in bitter disappointment. The delegate has
no vote ! He has no quid pro quo to give to his fellow mem
bers. He is always a supplicant for favors for which he has
no remuneration to give, except the acknowledgment of the
community that members of Congress have nobly done their
duty, a reward which is little sought after, however well it
may look upon paper, or sound in the ears of our legislators.
How different is the condition of the representative in
Congress ! He speaks for his state ; he acts for his state as
a component part of the confederated Union; he does not
supplicate for favors to be sparingly granted to a poor re
lation of the family, but he demands his rights as one of the
members of the firm, and enforces his claims by giving or
withholding his voice on other matters of import to the great

360 WISCONSIN HISTORICAL COLLECTIONS
partnership. The representative has his coadjutors in the
Senate whose aid he can demand as especially representing
his state whilst he may only represent a small district. The
delegate has no coadjutors in the Senate, or in the House;
he stands alone, with no more power than the colonial agents
of the several colonies, before the Revolution, had in the
British Parliament. These agents could present petitions, ap
pear before committees of Parliament, make written or ver
bal representations of grievances to the constituted authori
ties of the mother country — but they had no voice in the en
actment of laws — they were delegates not representatives.
Colonial America had no voice in the British Parliament.
Territorial Wisconsin has no voice in the councils of the na
tion. The one complained of the enactment of laws affect
ing their vital interests without their consent or disapproval
being consulted. If the other will continue to struggle un
der worse than colonial vassalage it will be her own fault —
the remedy is in her own power — the time has arrived when
the one hundred thousand citizens of Wisconsin ought of
right to demand admission into our glorious Union of state
governments. This right cannot be withheld ; it was guaran
teed to them more than half a century since. S.
STATE GOVERNMENT— No. 3
[October 212, 1845]
Me. Beitt : Wisconsin can now come into the Union with
the prospect of obtaining such advantages as she may right
fully ask for: as Florida and Texas (slaveholding states)
are now part of the confederacy and the balance of state
power in the Senate can only be preserved by the simultan
eous admission of the free states of Iowa and Wisconsin.
Hereafter, Wisconsin may be obliged to come into the Union
alone. The mere statement of the above proposition may, to the
minds of the mass of our citizens, carry with it self-evident

POPULAR PROCEEDINGS AND DEBATE 361
arguments favorable to immediate adoption of state govern
ment; some may require the exhibition of reasons why the
now is more favorable than the hereafter. Let us glance at
the subject.
The balance of power in the Senate between the slave-
holding and the free states is not merely an abstract idea,
but it has become substantially interwoven as an integral
part of our political constitutions. The history of our coun
try has afforded many instances of the jealousies and fears
displayed in the political arena, on the accession of a new
state, slaveholding or free. The Missouri Compromise may
well be viewed as a mutual concession made by both political
parties on the great question of slavery; but north of the
established latitude there remain only the territories of Iowa
and Wisconsin of which to erect free states. In the mean
while, Texas alone may hereafter produce from five to six
states, and Oregon, although all our own, may remain too
long out of the Union, as a state or states, to cause the de
sired balance to be preserved in the Senate. Hence, the ad
mission of Iowa and Wisconsin as free states, at this time,
is desirable as a political measure ; and their application for
such admission would be viewed with peculiar favor by the
nonslaveholding states. The admission of a slaveholding
and a free state, at the same time, by Congress, and the re
tarding of such admission until the balance of senatorial
power could be preserved has been of no uncommon occur
rence in our political history. Wisconsin is already of right
a state. She has been so denominated by solemn compact
between Virginia and the United States for more than half
a century. Her admission to all her rights as a state de
pends on her own asking, without the risk of a refusal — and
yet, one time of asking may be more propitious than another.
Wisconsin may enter the Union with more advantages in
good company, than if she were obliged to knock at the doors
of Congress alone. This event must not happen — it can now
be prevented from occurring. Let us not lose the oppor
tunity.

362 WISCONSIN HISTORICAL COLLECTIONS
The advantages which Wisconsin may rightfully ask for,
in coming into the Union at this time, will be the subject of
our next communication. From the circumstances • which
now make the time propitious for our assuming state gov
ernment, we may reasonably conclude that our rightful de
mands at least may be acceded to, and perhaps many im
portant advantages conceded to us. Wisconsin must not be
obliged hereafter to enter the Union alone. S.
STATE GOVERNMENT— No. 4
[November 5, 1845]
Me. Beitt : The advantages possessed by an independent
state government over a dependent territorial organization
must be obvious to the minds of all who understand, even
imperfectly, the nature of our civil institutions; the object
of my present communication is not to amplify remarks on
such advantages, because they are to be secured to ourselves
by our own individual action, in assuming our rank as a
state, with a constitution framed by ourselves, defining and
guaranteeing our rights, liberties, and immunities. It is
merely intended to point out such advantages as we may
rightfully ask for, to be granted us by the general govern
ment in the shape of conceded rights and privileges, acts of
bounty as well as acts of strict justice, and restoration of
abstracted territory, or honorable settlement of territorial
claims on stipulated terms. These rights, concessions,
bounties, and settlements we may obtain if we enter the
Union at a propitious time; we may in vain seek them if
Wisconsin hereafter enters the confederacy alone.
The relinquishment by the general government of the leas
ing system in the mineral region and the consequent sale of
the mineral lands is a matter of vital importance to the pros
perity of a great portion of our territory, to the eventual
benefit of the whole community, to the security of persons
and of property, to the observance of law and of order in

POPULAR PROCEEDINGS AND DEBATE 363
civil society, to the peace, happiness, and contentment of all
our citizens. It is not my intention to discuss the legal ques
tion of the right of reservation of the mineral lands from
sale, under the several acts of Congress ; the subject of this
paper does not require such discussion. It is sufficient to
say that the Supreme Court of the United States has been
divided in its opinion on questions arising out of the acts of
the general government in relation to the mineral lands, from
the president of the United States himself down to the su
perintendent of lead mines, and all the intermediate agents.
And when the highest legal authorities are of divided opin
ions on a subject which ever has been doubtful, as a matter
of law, policy, expediency, prosperity, or of even-handed
justice to the industrious and enterprising citizens, it is most
certainly time to consider well on the act of immediate re
linquishment by the general government of an erroneous, un
political, and most unjust system. The continuance of the
leasing system places the general government in the situation
of landlord, and the citizen and miner in the humble capacity
of tenant, from whom the despicable pittance of rent is most
rigidly exacted — I say despicable pittance of rent, for it is
well understood that the whole of the rents of mineral lands
will scarcely half pay the agents employed to collect them.
The character of landlord and tenant, as between the gov
ernment and its citizens, is contrary to the genius and tend
ency of our political institutions; it partakes in its very
nature of the federal tenures — it reminds us constantly of
the king, or conqueror parceling out his acquired country to
his soldiers, by them to be held not as allodial, but for stip
ulated service, either personal, in money, or in kind. The
system is illiberal — it cripples the energies of the industrious
miner — he cannot be expected to expend his labor and his
money on land not his OAvn, and which, when his industry
and his knowledge, his labor, his health, and his fortune have
all been prodigally lavished upon it, may be snatched from
his hands at a future public sale, at a maximum price, by a
cold-hearted speculator and monopolist; for let it be re-

364 WISCONSIN HISTORICAL COLLECTIONS
membered that a reserved mineral tract is not the subject
of a preemption right. Sufficient on this subject may be this
single view. If we come into the Union now we may demand
that all public lands be the subject of public sale ; that the
character of landlord shall cease, although that of owner
may be preserved to its proper extent. Our advantage now
is, that we may ask for this measure with reasonable pros
pects of success ; we may not do so, if Wisconsin enters the
Union alone.
We may reasonably ask for a cession of public lands to
the state of Wisconsin for public purposes, for the promo
tion of education, the foundation and endowment of colleges
and seats of learning, the internal improvement of the state
in roads, canals, bridges, and all works of public benefit, and
the immediate disposal of all public lands whatsoever under
proper restrictions, so as to encourage the settlement of the
country by an agricultural and mineral producing popula
tion, which inevitably must result in the establishment of
manufactures, and the extension of commerce. Doubts have
been entertained by wise statesmen of the right of the gen
eral government being continued over public lands within
the limits of an independent state, except under proper legal
and defined restrictions, and for a definite period of time.
It is not necessary now to debate this question ; we allude to
it only for the purpose of giving it as an additional reason
for taking this propitious moment of going into state gov
ernment, in order to have this question in some measure set
tled. Wisconsin has been harshly treated in respect to her ter
ritorial boundaries in several instances by the general gov
ernment, because she was helpless and alone. She had no
senators or representatives of her own to watch over and
vote for her rights, her properties, and her sacred immuni
ties ; she has been despoiled of her territory, and the metes
and bounds of the state of Wisconsin, as laid down and sol
emnly designated by the original compact between Virginia
and the United States, have been disregarded and set aside

POPULAR PROCEEDINGS AND DEBATE 365
by one of the parties to that contract, in contravention of law,
justice, and the sacred obligations of a stipulated agreement.
Illinois has been enriched with territory at the expense of
Wisconsin ; the state of Michigan compromised her rights to
the territory lying north of a line drawn through the south
ern bend of Lake Michigan in consideration of receiving
from the general government a large and valuable mineral
region south of Lake Superior, at the expense of Wisconsin ;
and to crown the whole system of cutting and carving the ter
ritorial rights of the state of Wisconsin, Mr. Webster, in
his famous Ashburton Treaty, has not only stripped the
United States of a great portion of her integral territory at
Pigeon River and the Kamenistiquia, but has done so at the
expense of the state of Wisconsin. Wisconsin has been
known and designated as a state for more than half a cen
tury in the political history of our Government.
What remuneration shall we demand for all these wrongs,
when we come into the Union? Remuneration do I say?
The compensation for inflicted injury cannot be computed
by the general meaning of remuneration. Restoration of the
abstracted rights might of right and propriety be demanded
— wherever the impracticability of such proceeding is mani
fest, the demands of the injured from the injuring party may
well be considered as imperative, when compromise may be
proposed and accepted. Wisconsin has much to ask for from
the general government as restoration of her own or ade
quate compensation for inflicted injury; time is to determine
in what manner the demand may be made, and the terms on
which the compromise, if any be proposed, may be effected ;
but now is the period when Wisconsin may stand on her ac
knowledged claims, and boldy ask admission into the Union
on terms honorable to herself and the legal extent of her
claims. She will have the aid at this time in coming into the
confederacy which she may in vain look for, if hereafter she
stands alone. S.

366 WISCONSIN HISTORICAL COLLECTIONS

SELECTIONS FROM THE MADISON WISCONSIN
DEMOCRAT
AN EXEMPTION LAW PROPOSED
[January 10, 1846]
In view of the many dangers and privations that every
new settler is compelled to undergo, in consideration of the
labor necessarily expended in opening roads, bridgmg
streams, and improving the marshes, incident to a new coun
try, and all this, and ofttimes more, on his part cheerfully
bestowed without a sufficient, if any, remuneration, we do
conceive that it should be the duty of the whole people, in
every possible means within their power, to favor, and pro
tect the interests and property of those who haAe thus la
bored for the public weal.
The first settlers in every new portion of the territory are
generally poor; their resources are small, though the work
by them to be performed in opening the way through the
wilderness from the older settlements to their new homes
is inordinately great. Every settler in this territory will
acknowledge this, and it is for the protection of this poor
class of settlers, and in their behalf we are now writing.
Under the Texas constitution we find that a liberal exemp
tion law has been passed to protect the settlers in that state,
and we think that justice, good policy, and humanity will
sanction such a provision.
After a poor man by dint of the closest economy and pru
dence has succeeded in securing to himself a forty acre lot
of land, we want it engrafted upon our constitution that
whatever reverses may come, whatever havoc sickness or
death may make within his household, in fine, come what may,
we want that land, that homestead, secure from the grasping
avarice of any creditor. If we all know that that property

Beriah Brown
From a photograph in the Wisconsin Historical Library

POPULAR PROCEEDINGS AND DEBATE 367
is not liable for his debts, of course no one will trust the
farmer on the strength of the value of that property. We
will act under standingly, with our eyes open, and no one need
in consequence be the loser with such a constitutional pro
vision. That the law should exempt from execution the
household furniture of a settler is very well as far it goes,
but what is the use of the furniture if you have no land to
stand it upon and no roof to cover the beds which the law
kindly permits one to keep. Shall he become a trespasser
by placing his property and family on another's land, or
must he betake himself to sleep in the highway that runs
beside his former house ?
Again, let it be but understood, publish it to the world,
that in Wisconsin, where Heaven smiles upon a poor man's
labor, the beneficent constitution of the state favors the
fruit of that toil: that here in Wisconsin every man lives
"under his own vine and fig tree," with no creditor to mo
lest him or make him afraid, and it will have the happy ef
fect of raising up a class of people as independent as the
world ever saw.
Let this feature in our constitution be but known and hon
est hearts will seek a welcome in this land of promise; it
will give an active impulse to immigration; it will deArelop
the energy of the immigrant; it Avill enlarge his heart; it
will ennoble his soul ; it will quicken his enterprise ; and, se
cure in his cabin that holds all that is near and dear to him
upon earth, he can then stand forth a proud freeman in its
fullest sense. ELIGIBILITY OF MINISTERS
[January 10, 1846]
I cannot but believe that the readers of the Argus will very
much regret the proffer of the use of its columns to corre
spondents upon the question of the "eligibility of ministers,"
for the space therein necessarily occupied might be so much
more profitably filled with the luminous articles of the editor

368 WISCONSIN HISTORICAL COLLECTIONS
upon the subject of the moon, the currency and its evils,
plagiarisms from Say's essays, and the wrongs that "an in
jured territory" has received at the hands of the govern
ment in general and Mr. McKay, the chairman of the com
mittee of ways and means, in particular, and I therefore
decline sending this communication for the above reasons,
as well as for fear of its rejection by the editor as unworthy
an association with the opinions of Say and Gouge.
But to the article. The editor acknowledges the gross im
propriety of clergymen leaving the sacred desk to enter the
exciting arena of party conflict, and agrees with those who
favor the restriction that a minister should not encumber
his mind with the affairs of state, but while all this is con
ceded he seriously contends that, however much the whole
people may demand it, yet they have not the "abstract
right" to engraft this feature upon their state constitution.
This question of "abstract right" may be, to use a west-
ernism, "run into the ground." The law solemnly declares
that every man shall be tried by the country, and hence I
would innocently suppose that he has the right to select a
jury from the whole country, but yet he has not; the law
restricts that right by exempting many persons from sitting
as jurors, and, among the rest, clergymen ; and, by the bye,
they in this way possess a privilege not granted to the whole
people, and if the legislature of nearly every state conceives
that the ministers of the Word should not be brought in con
tact with jurors who do not acknoAvledge the obligations of
religion, a fortiori, should they not become solicitors for the
suffrages of such men.
Again, as an "abstract right" no man should be exempted
from military duty, yet we know that whole denominations
of Christians, who upon this subject entertain religious
scruples, are thus favored by the law, and in this particular
every minister of the gospel here enjoys another privilege.
As a mere principle of right, the legislature has no author
ity to exempt churches and other public buildings from tax
ation, yet this is everywhere done, and there is no one but

POPULAR PROCEEDINGS AND DEBATE 369
properly favors this exemption. As a mere naked "right,"
lawyers should have the privilege of being admitted as jur
ors, but policy suggests that their acting as such might be
improper. Hence we see that policy, circumstances, and the
good of the whole people sanction restrictions and meas
ures which, perchance, in the "abstract" may not be right.
Perhaps as an abstract right Congress has not the power to
declare that anyone holding a commission under the United
States should be ineligible to an office created by the laws
of the territory, yet no one has ever objected to this restric
tion; and if our people should, through their delegates in
convention, declare that no one holding an ecclesiastical
office shall be eligible to the civil office of a legislator, Avill
they not be following congressional authority based on good
policy? There is a greater incompatibility between the
"divine office" of a priest, that has received his commission
as he believes from a Higher Power, and the civil office of
a state senator than there can be between the office of a jus
tice of the peace and the constable that serves the process
of his court; and yet, perhaps, the people, as an abstract
right, have the authority to elect one man to fill both offices ;
but would not the legislature act a proper part by declar
ing that such offices should not be centered in one person?
From a slight knowledge of the clergy of Wisconsin Ter
ritory, I conscientiously believe that the restriction called
for would not militate against the interests of half a dozen
within our limits; and if they are so unmindful of their
proper duty and of the errand upon which they were sent,
they, as well as the people and the cause of religion, would
be materially benefitted by their being taught their duty,
and led to understand that they should hereafter confine
themselves to their proper sphere of action. Although we
believe ourselves to be a highly moral people, yet we assure
those few political shepherds that there is a large field for
their labor, and if they work strenuously through all the time
allotted them on earth they will then fall far short of their
duty ; and as our people want all the good they can receive
24

370 WISCONSIN HISTORICAL COLLECTIONS
they do hope that all those, who, from their education and
professions hold themselves out as true teachers of the peo
ple, will persevere unto the end, and never deviate from that
stony, narrow way, to pluck the fading flower that for a
season blooms upon the broader path.
But, says the Argus, "If the clerical profession should
by constitutional provisions be excluded from office, why not
the legal profession also?" and then adds that "Lawyers
are notorious monopolists of the honors and emoluments of
office." We have no desire to bandy epithets with the
"argus-eyed" editor, but this assertion clearly proves how
often great men in little things may be mistaken. Look at
the officers in this territory ; neither the governor, secretary
of the territory, marshal, auditor, treasurer, private secre
tary, clerk of the supreme court, territorial printer, and
last and least, superintendent of public property, claim to
belong to the legal profession. We believe there are but two
lawyers in the house of representatives, not enough, cer
tainly, to form a judiciary committee. We do not remem
ber but three or four postmasters in this whole territory
that follow the legal profession, and but one of the several
receivers and registers of the land offices who was an at
torney at the time of his appointment, and but two of the
several clerks of the district courts are lawyers, when they
certainly are as well qualified as any other class of persons
to fill said clerkships. So much for the truth of this whole
sale charge. Does the editor hope to hide himself by falsely
directing attention to others? But again says* he Argus:
"If the work of decapitation is to be commenced, we would
say by all means begin with the lawyers, and end where you
please. ' ' Which we understand when literally translated to
signify : Decapitate the lawyers first, then every other pro
fession if you please, but end last of all with the editors of
newspapers, and more particularly with the anti-" monopo
lists of office," the editor of the Argus, semi-territorial
printer, and superintendent of public property.

POPULAR PROCEEDINGS AND DEBATE 371
A SARCASTIC ADDRESS
[January 24, 1846]
Soveeeigns : You will soon be called upon to adopt a new
form of government more commensurate with your amplified
character and dignity. This is the most important event
that can occur. Take care that, in escaping from territorial
vassalage, you do not rush into state bondage. You will be
called upon to appoint servants to frame for you a constitu
tion. From past experience you will see how easy it is to
be mistaken in that behalf. Whoever [sic'] you shall choose
for this service — let them be instructed to provide the fol
lowing safeguards to your rights :
1. No contracts shall be considered binding after either
party shall become dissatisfied.
2. Courts of law shall so offset their judgments that no
one shall get more than he loses.
3. Chancery shall be abolished, and the powers conferred
upon the Tiger.
4. No charters shall be granted without a vote of the
people in their favor, and may be repealed at any town meet
ing. 5. The legislature may borrow money, but it shall never
be considered that payment thereof is necessary or proper.
6. Judges shall be selected by the people, at the demo
cratic conventions in each county, and shall hold their office
but for one term of court.
7. Provision shall be made whereby any public officer de
feated at an election may hold over.
8. Abolish all tenantries at will when rent is unpaid.
These and a few other specifications of inalienable rights
will effectually secure the popular sovereignty. A. D. Smith.
Madison, January 20, 1846.

372 WISCONSIN HISTORICAL COLLECTIONS
STATE GOVERNMENT— No. 1
[March 28, 1846]
On the first Tuesday of April next the people of the ter
ritory will have an opportunity, under the law of the last
session of the legislative assembly, to vote upon the ques
tion of the formation of a state government.
This is no new question to our people : on two several oc
casions have they voted in opposition to any change in our
present territorial government. At those times, and under
the then circumstances of the territory their decision was
doubtless a proper one. With a then comparatively
sparsely settled country, with scarcely a sufficient popula
tion upon which, under "the original compact," they could
have of right demanded to have been received into the sister
hood of states, common prudence sanctions their then dis
approval of any change of goA^ernment.
But now, how altered is the whole complexion of this ques
tion. Those best conversant with the improvement of the
territory and its increase in population estimate our pres
ent numbers at at least 130,000, while many others contend
that at least a score of thousands should be added to the
above estimate. If, however, we ha\Te but 120,000 (double
that upon which under the compact we are entitled to our
admission), and are not now competent to assume the reins
of self-government, when may we hope to be ready? Shall
we beg and whine forever for the pittance that Congress so
grudgingly bestows us? Shall we as a people or as indi
viduals sacrifice our pride and sell our political birthright
for the pottage of a paltry "appropriation," especially when
we would receive of right an equal amount under a state
government, what we now sue for as a boon from the hands
of the general government?
We are one of those who believe that the people would
now be gainers by the change, whether viewed as a question
of self -pride and popular independence or of state profit.

POPULAR PROCEEDINGS AND DEBATE 373
And first as to our pride or independence as a people.
There are some questions that strike our mind with such con
vincing power, that are so settled as political truths in the
heart of every Republican, that to attempt to discuss them
seems to be at variance with our very natures. In our country
we all hold that an independent self-government is the first
great cause of our political happiness. We all believe that
the popular Avill is, and of right should be, the supreme gov
erning voice of the state or nation. If these great truths
are, as we feel them to be, sound political axioms need we
attempt to argue to any freeman that his would be a more
independent sphere of action where his voice with that of a
majority of his fellows would be supreme? Under a prop
erly organized state constitution every man can vote for the
candidates of his choice, whether for the humblest official or
the chief magistracy of the Republic, and we cannot conceive
how any freeman who has a proper conception of the worth
of liberty can refrain from grasping for this inestimable
privilege when within his reach even though it were unat
tended with other political blessings almost as invaluable.
'Twas for such rights as these that our forefathers bled.
They would not exchange their liberties for gold, else they
might have saved their treasure and more sacred blood by
yielding tamely to the encroachments of power and remain
ing craven dependants on another's will, without a voice in
the election of those who were to govern them.
No one can but admit that the desired change would ex
tend our liberties and advance our rights as republicans.
The sister states are inviting us into the family fold — they
would extend us seats in the great council of the nation.
They would arouse our patriotism by pointing us to the less
feeble states of Florida and Texas, and ask us to emulate
their examples of independence. The flag of our nation's
glory waits to enshrine another star upon its ample folds.
The right to be heard in the national legislature will be ours,
and of expressing our wishes and views through our sena
tors and representatives upon the great questions that now

374 WISCONSIN HISTORICAL COLLECTIONS
divide the great political parties of the day. The right of
uniting with millions of freemen in elevating the candidates
of our choice to the highest offices in the gift of a free peo
ple — the highest of all earthly honors — these and all other
political liberties will be extended us as the common right
by inheritance of the whole American people, and we cannot
believe that these great boons will be rejected by men desir
ous as they should be of extending their privileges.
But, says the timid and overprudent man, consider the
expense and cost, and endeavors to raise the bugbear of tax
ation in opposition to the generous impulses of the people
which would translate us from our present state of political
dependency to our proper sovereignty as a free common
wealth. Fortunately, however, this sordid objection is not
a correct one. Upon our uniting ourselves with the confed
eracy we will receive as our marriage portion half a million
acres of land, worth at least at the government price $625,-
000. This amount and the interest thereupon annually aris
ing in the shape of the improved value upon the first cost of
the land may be disposed of in any manner that the future
state of Wisconsin may determine to be most beneficial to
its best interests ; and this sum alone, if properly guarded,
should of itself be sufficient to defray all our necessary state
expenses. Nor is this our only source of revenue. Under
the present laAV of Congress the new states receive a percent
age of five per centum upon all moneys received by the gen
eral government from the sale of lands within the bounda
ries of said neAv states. The sales of public lands during the
last year at the several land offices amounted to nearly a
half a million of dollars, and we all know that the amount is
steadily increasing. During the next year the mineral lands
will probably be thrown into market, and we have no ques
tion that the sales for this present year Avill amount to $600,-
000, five per centum upon which will yield us the sum of $30,-
000. The whole amount appropriated by Congress to de
fray the expenses of the legislative assembly, the executive
department, judiciary, and expenses of courts for the past

POPULAR PROCEEDINGS AND DEBATE 375
year did not exceed, all told, the sum of $32,000 : so that the
sum that we would receive from the sales of the public lands
for the next year will equal all the appropriations made us
by the general government for the past year. As this source
of revenue squares the account of congressional appropria
tions every other inducement will be necessarily so much
clear gain to the state. Shall we, then, remain forever as
suppliants for bare favor at the public crib, when our own
garners can be made full to overflowing? And first among
the profits we may place the grant of 500,000 acres of land,
and to make this valuable it is necessary that the lands be
settled at the earliest possible date. In a few years all the
best lands in Wisconsin will have been sold and we then will
be compelled to take the refuse that has been left by the set
tlers as worthless. Again, if we defer state government,
the percentage which we could now receive and which would
be now enough of itself almost to pay all our expenses will
be very much lessened; if we defer making the change of
government till nearly all the lands are sold, of course our
percentage upon the remainder must be very trifling. Does
not common prudence dictate that we should endeavor to
receive the percentage while it is worth our consideration,
and not defer it until the Avhole of this source of profit is
clean gone from us forever?
Under a state organization, our university and school
lands Avill become vested in the people of the state; these
lands can then be sold and the proceeds appropriated to the
great cause of education. The organization of our courts
Avill be amended, the uncertain laws of the territory will be
revised and rendered more stable and secure. A strict ac
countability from public officers will be required, and the
will of the people be the great governing voice — a more
healthy action in the tone of popular feeling will everywhere
be manifest. The people will then feel that they can exer
cise their rightful prerogatives without any restriction.
They will think and act more for themselves. They will not
permit their popular sovereignty to be delegated to others

376 WISCONSIN HISTORICAL COLLECTIONS
who now, because dressed "in a little brief authority" arro
gate to themselves the authority of being thinkers for the
people, and "the tongues o' the common mouth." To us
such considerations are more weighty than gold. But if per
chance our revenue will not equal our expenses, and we are
compelled to raise ten or fifteen thousands of dollars to meet
the balance — truly we may say, "What is that among so
many?" Our numbers are daily increasing with such unex
ampled rapidity that in a year or so the number among
Avhom the tax should be divided would be increased fifty per
cent while the expenses of the government would not be in
any manner whatever enlarged. Present this question as
we may, view it in whatever aspect we will, the question
seems to us free from any sound objection. Congress will
doubtless pass the bill providing for the payment of the ex
penses of the convention before their adjournment, and if
they should absolutely refuse to make the appropriation
now, we may be satisfied that they will never alter their
minds upon this subject. So that if any citizen objects to
state government on account of the expense of the conven
tion, it is an objection that will forever exist, for there never
was a time when our chance for the passage of the act of
appropriation is [was] as good as it now is and we do not
believe it will ever be any better. So that if our present
delegate should fail no one will press the subject upon any
future Congress with any hope of success. Congress will
not probably adjourn until June or July, and we feel satis
fied from the great anxiety of the northern states for our
admission that they will readily agree to the bill that has
been introduced into the House.
We have extended this article beyond what we had in
tended * * * Dut as action upon the subject is so near at
hand, we know of no one subject that ought to interest our
readers more.

POPULAR PROCEEDINGS AND DEBATE 377
STATE GOVERNMENT— No. 2
[April 18, 1846]
Thanks to the independence and self-pride of the freemen
of Wisconsin, the convention to prepare a frame of govern
ment for our young and growing commonwealth will assem
ble in October. It is a matter of deep interest to all that we
should have Avholesome provisions engrafted upon that "bill
of rights." By placing them there they will not be subject
to the whim or caprice of party, or of rash legislation. It
is, therefore, advisable to look about and see what can be
fixed in the body of the constitution with propriety. For
one, I am extremely anxious to see one of those safeguards
introduced into our constitution, concerning which some
thing has already appeared in your columns. I refer to the
provision that will always preserve the home of the poor
man from the ruthless grasp of an avaricious creditor.
By reserving a home to a man in every Adcissitude of life
we in truth enable him much better eventually to pay his
debts than by allowing the person to whom he may be in
debted to drive him out of house and home. There should
be no law to break down the buoyant spirit of man. Let him
have the "comforts of the family around him, always secure
from the assaults of oppression," and our people will never
fail to bear up successfully against every other distress that
may environ their paths.
A man's little home, in the eye of the law, should in very
deed be his castle, a place from which he should never be
expelled. If a man will trust another, let it be upon his per
sonal responsibility and not at the expense of the peace,
happiness, and comfort of his dear wife and children. I
would that a man might keep the value of a forty acre lot
and his cabin at every hazard. This arrangement will pre
vent families from being broken up, and helpless children
from being exposed to penury and want. I would request

378 WISCONSIN HISTORICAL COLLECTIONS
the electors to turn this matter through their minds, and,
when the proper time shall arrive, that they will exercise the
trust reposed in them, conscientiously, and for the benefit of
the whole people.
Our Wisconsin constitution should be one of the very best
that has ever been presented to a free people to pass upon.
We have the doings of all former conventions to look at, and
we will be able to see how their various provisions have
worked since their adoption by the people of other states.
We are, in fact, among the very last of the territories to
frame a constitution, and are bound to make one upon the
most perfect of models. We want the constitution of our
Commonwealth so framed as to endear every man to its pro
visions, and make everyone living under it feel that he is
indeed a freeman. There are other objects of public atten
tion that I Avish to see constitutionally disposed of, and upon
which I will offer some suggestions in a future number.

CONSTITUTIONAL REFORM
[ April 25, 1846 ]
In the April number of the Democratic Review we find an
article on the "Progress of Constitutional Reform in the
United States," in which some valuable suggestions are
made. We extract the following, Avhich we believe might
properly be considered when our constitution is formed :
We then maintained that in governments where all classes are so fully
represented as in the United States of America, where public opinion is
so rapid in its formation and circulation and so controlling in its authority,
the constitution should be subjected to a thorough revision once at least
in the lifetime of every generation, and such repairs made as are clearly
and steadfastly demanded by a manifest majority of the voting popula
tion for whom it is designed.
If in the great state of New York, with its immense popu
lation, intelligence, and experience, an alteration of the con-

POPULAR PROCEEDINGS AND DEBATE 379
stitution is absolutely demanded during every generation,
how much more should we, just entering upon the threshold
of our political existence, provide that future conventions
should be held to amend the constitution now so soon to be
formed. Untried schemes of political policy, as well as
more settled provisions, will doubtless be inserted in it, and
how unjust to those who will follow us that they should be
constitutionally tied down to what they in their progressive
knowledge may know to be far behind the age in which they
then may live, and that political as well as all other human
knowledge is progressive no one can seriously deny. What
severe lessons we have learned in political experience in only
the last ten years. But that short time since, the evils of
combined wealth in banking Avere not so clearly manifest nor
so plainly understood and repudiated as in this our day,
and we question not that many things, which for want of
being tested may now meet with our full sanction, will, when
they shall be better understood, be entirely exploded. For
our own part, we should be pleased to have an opportunity
(even if not exercised) of remodeling our state constitution
two or three times during our generation. The workings
of our political system may be better developed, and the
wishes of the great majority of the people in this way better
made known, and these we would hold paramount to any ob
jection on the score of mere inconvenience or expense. We
have no mode of estimating the future but by the past, and
when we reflect upon the many improvements that have been
made in the last fifteen or twenty years, is it too much to
imagine that there are other reforms to be carried out?
However an exalted opinion we may entertain of our su
perior political knowledge, we do not contend that we have
nothing more to learn, and that we have arrived at our ulti
matum in political science, and what we would is, whenever
any particular principle of policy is determined upon, and
when that policy forces itself to the favor of the great ma
jority of the people, then that settled determined policy,
whatever it may be, we wish to see it, as another step in our

380 WISCONSIN HISTORICAL COLLECTIONS
political advance, embodied upon our constitution, that it
may no longer be buffeted about by opposing parties as a
mere "wind of doctrine," when its importance and popu
larity demand that it should be acknowledged as a constitu
tional "fixed fact." This much gained and firmly secured,
we may then look around us for other evils to overcome as
they may arise in our "great experiment" of self-govern
ment, and thus go on to improve from one convention to an
other as we may be experimentally taught.
In the article in the Review there is an epitome of several
of the new constitutions that have been formed within the
last two years, and in speaking of the merits of the different
constitutions the writer adds that "the new constitution of
Louisiana discovers more political insight and a more abso
lute reliance upon the principles upon which popular gov
ernments are based than appears in the fundamental law of
any other state in the Union. ' '
Our readers will see that this praise is just from the fol
lowing extracts we make from the new constitution of Lou
isiana :
No corporate body shall be hereafter created, renewed, or extended with
banking or discounting privileges.
Fortunately for us in Wisconsin, we need only declare that
no corporate body shall be hereafter created — as there are
none in existence to be renewed or extended. If, however, the
words "renewed or extended" increase in legal contempla
tion the force of the language of the section, or is [are] nec
essary to cover the case of the insurance company, then we
want these words by all means kept in. We copy another
capital proAdsion from this same constitution :
Corporations shall not be created in this state by special laws, except
for political or municipal purposes; but the legislature shall provide by
general laws for the organization of all other corporations except cor
porations with banking or discounting privileges, the creation of which is
prohibited.

POPULAR PROCEEDINGS AND DEBATE 381
This constitution restricts the legislature from ' ' pledging
the faith of the state for the payment of any bonds, bills,
or other contracts or obligations for the use of any person
or persons corporate or body politic whatever," and also re
stricts the legislature from contracting debts so as to ex
ceed the sum of $100,000, except in case of Avar, invasion, or
insurrection, "unless "the same be authorized by some law
for some single object or work, to be distinctly specified
therein, which law shall provide ways and means by taxa
tion for the payment of running interest during the whole
time for which said debt shall be contracted, and for the full
and punctual discharge at maturity of the capital borrowed ;
and said law shall be irrepealable until principle and inter
est are fully paid and discharged, and shall not be put into
execution until after its enactment by the first legislature
returned by a general election after its passage." Al
though this provision does quite well, yet we would like
the more summary one that no debt should be contracted
by the legislature except in case of war, etc., unless a ma
jority of the people of the state shall first vote in favor of
the debt so to be created by the powers of the state.
Here is another good provision — "No divorce shall be
granted by the legislature." We have long been satisfied
that the courts alone should determine these matrimonial
difficulties. But we have not room to extract any more as equally sal
utary provisions in the constitution of Louisiana as those
which we have noted. The article from which we have made
the above extracts points out many of the beauties of the
new constitutions of Missouri and Texas which are both
models in many particulars. But we refer our readers to
the article itself, and if they are not subscribers to the
Democratic Review they ought to be, and close this article
with two humane provisions which we find in the constitu
tion of the state of Texas, which we commend to the atten
tion of our readers:

382 WISCONSIN HISTORICAL COLLECTIONS
All property both real and personal, of the wife, owned and claimed by
her before marriage, and that acquired afterwards by gift, devise, or
descent, shall be her separate property; and laws shall be passed more
clearly denning the rights of the wife in relation as well to her separate
property as that held in common with her husband. Laws shall also be
passed providing for the registration of the wife's separate property.
The legislature shall have power to protect by law from forced sale a
certain portion of the property of all heads of families. The homestead
of a family, not to exceed two hundred acres of land (not included in a
town or city) or any town or city lot or lots in value not to exceed two
thousand dollars, shall not be subject to forced sale for any debt here
after contracted; nor shall the owner, if a married man, be at liberty to
alienate the same, unless by the consent of the wife in such manner as the
legislature may hereafter point out.
It may be that the number of acres exempted is too large,
but we go the principle most decidedly, and hope within a
year to find ourselves living under some such provision.

LETTERS OF "JEFFERSON"— No. 1
[ May 30, 1846 ]
Me. Editoe: A subscriber ventures to send you a short
communication, and as a progressive Democrat he feels he
has the right to ask its insertion in a paper which by its
course proves that its aim is to recommend and support such
new measures as it conceives will be for the best interest of
the people of the state, without regard to antiquated theories
or old-fashioned practices. Among the many new improve
ments which I hope to see in our new constitution, there will
be none more satisfactory, to myself at least, than a proAd-
sion that the judges shall be elected by the people ; and where
is the Democrat that can truly say that the people are in
capable of making the selection. What sophistry, indeed, is
it to admit that the people have sufficient of discrimination
and judgment to select members of the legislature, who make
the law, but not the judge who is to explain it. These purely

POPULAR PROCEEDINGS AND DEBATE 383
disinterested gentlemen tell us that we may elect a governor
and a legislature, but not a judge, who is, after all, but a
creature made by the governor or the legislature. I contend
that the people are just as capable of selecting good judges
by voting directly for them, as by delegating that power to
others to do it for them. If the declaration that all power
is in the people is true, then why not leave that power where
it naturally belongs? Why remove it from them, and im
pliedly say they distrust this first great cause of power in
this country. It is flat nonsense, and is but a relict of old
English prejudice. A few years since our justices were ap
pointed, and I appeal to every man in the territory to say
if we were better, if as well, served then, as now that they
are elective. This innovation certainly has done no injury.
When we reflect upon the logrolling by which judges are
elected by the legislature, we feel confident that there would
be less of intrigue and corruption in going directly before
the people than in submitting the appointment to a political
caucus. The true Jeffersonian test of "is he honest, is he
capable" can then be made to bear directly upon a candi
date. With the people, honesty of purpose and the weight
of moral character will have an influence that is never prop
erly considered by a legislative body.
The old standing argument in favor of the appointment
of judges is that they should be removed as far as possible
from the people, and not [be] dependent on the popular will.
What I contend for is, that they should be dependent, and
know, as all other officers do, that they are but servants of
the people. The governor who administers the law has to
acknowledge his obligation to popular sovereignty, and we
cannot conceive why there should be any reservations made
in favor of the judiciary— and if the constitution should re
quire that they should be elected every three or four years
by the people, its present opponents will soon begin to
acknowledge its force and correctness.
Another point made by the friends of gubernatorial ap
pointment or legislative election is that judges should not

384 WISCONSIN HISTORICAL COLLECTIONS
interfere with or become political candidates of party. In
what, we would seriously ask, consists the difference between
the candidate for the bench electioneering through his
friends or by himself with the people, or the representatives
of the people ? None whatever if the legislature truly repre
sent the wishes of their constituents. But the opponents of
the proposed amendment know that it is much easier for an
improper man to succeed with a small body that may misrep
resent the people, than with the people themselves who are
not so ambitious as their representatives, nor as easily
cajoled or intimidated into a wrongful act. Upon serious
reflection, I cannot conceive any good reason why the gover
nor that swears to execute the laAV should be elected by the
people that does not apply Avith equal force to the case of
judges, who, if they are honest, will faithfully interpret the
law without regard to the popularity of the cause — and if
they would not do justice for fear of that influence, I do
humbly conceive that they would not be rendered any more
just by being appointed. The people will soon learn a man,
and if they know him to be honest, and he proves by his con
duct that he is not pandering for a reelection, he Avill of all
others be the one most likely to be resupported by the inde
pendent freemen of his circuit. Jeffeeson.
LETTERS OF "JEFFERSON"— No. 2
[June 6, 1846]
Me. Editoe: I had not expected, when I penned a few
thoughts for your last number upon the subject of the elec
tion of judges, that so reasonable a proposition would have
been opposed by any professedly Democratic paper, but as
the Argus promises hereafter that it will oppose the sugges
tion, when it shall have heard all that has been said in favor
of popular elections, I will assign, with your permission, a
few propositions which its editor may perhaps notice when
he has determined what reply he should make thereto.

POPULAR PROCEEDINGS AND DEBATE 385
First. Does the Argus recognize the "vox populi," the
will of the majority of the people, as the great governing
voice of the state under all circumstances whatever; and,
being of right supreme, have they the power to direct lie
mode in which all officers shall be chosen?
Second. If they possess that supreme political power,
should they be restricted in any way whatever from a full
and free exercise of that right?
Third. Should the people be governed by old precedents
when they conflict with the progressive spirit of the age, and
the doctrine of submission to the popular will, or popular
sovereignty? Fourth. Ought not the people to have the power of voting
directly for every officer under a state government, when
they by their taxes contribute to the support of such officer?
Fifth. What good reason exists for electing a governor
who executes the law that does not apply Avith equal force to
those who administer the same?
Sixth. As a principle ought the people to have the right
of electing justices of the peace, who have jurisdiction up to
fifty dollars, and if so what good reason exists to exempt
from popular election the judge who can decide a contro
versy involving a greater sum?
Seventh. Are the people less competent to select judges,
than justices of the peace, and if less qualified, why?
Jeffeeson.
LETTERS OF "JEFFERSON"— No. 3
[ June 27, 1846 ]
Me. Beown : In a late number of your paper I propounded
a few queries to those opposed to an elective judiciary, ask
ing whether in principle, at least, the friends of popular elec
tion were not correct ; but as the Argus, as the organ of the
Old Hunker system in opposing the election of the judges of
the people, prudently avoids noticing any of the propositions
25

386 WISCONSIN HISTORICAL COLLECTIONS
made, I will, with your permission, offer some further sug
gestions in favor of the popular mode.
The organ of an irresponsible judiciary naturally falls
back upon the old cry that such Avas the mode prescribed
some sixty years ago, and instances the Supreme Court of
the United States as not inferior to any tribunal of the world,
and asks whether that court has not been, "in point of abil
ity and integrity, all that it could have been, and much more
than it might have been under a different mode of selection."
The friends of that federal feature of our government have
always contended that its character was owing to the fact
of their being life officers, and if they are right the mode of
selection certainly has nothing to do with it. We do not
believe that the Argus would venture in this day to recom
mend the formation of the United States Supreme Court as
a model for us — it is life tenure and only removable by im
peachment. The people in this day are so generally op
posed to all life offices that it seems almost surplusage for
anyone to combat it, even as an imaginary evil, so far as
our state is concerned; but I will notice this feature of life
tenancy in connection with the question of election, as that
is far more reprehensible than even the doctrine of appoint
ment by the governor, or election by the legislature, which
to do, Thomas Jefferson says, "is a violation of the prin
ciple of the separation of powers. ' ' In every new state they
have carefully avoided this most antirepublican organiza
tion, but I copy a paragraph from the June number of the
Democratic Review upon this subject: "The abbreviation
of the judicial term of office seems to commend itself so uni
versally to the statesmen who have been recently called to
consider the subject, that it is a matter of surprise that the
system of appointing judges for life or till its decline ap
proaches, should have been perpetuated so long"; and
shows that in the new constitutions of New Jersey, Louis
iana, Texas, and Missouri, that the judges are now chosen
for a short term of years. Thomas Jefferson, in speaking
of this very identical Supreme Court of the United States,

POPULAR PROCEEDINGS AND DEBATE , 387
says : ' ' We already see the power installed for life, respon
sible for no authority (for impeachment is not even a scare
crow), advancing with a noiseless and steady pace to the
great object of consolidation. The foundations are deeply
laid by their decisions for the annihilation of constitutional
state rights and the removal of every check, every counter
poise to the engulfing powers of which themselves are to
make a sovereign part. * * * That there should be pub
lic functionaries independent of the nation, whatever may be
their merit, is a solecism in a republic of the first order of
absurdity and inconsistency." The Democratic Review, in
further treating of this subject, Avrites: "That much lauded
independence of the judiciary supposed to result from the
permanence of their dignity covers, we fear, a grave politi
cal fallacy. To have efficiency in a public officer as a gen
eral rule there must be a different though it be a baser sense
of accountability than that Avhich the incumbent experiences
in communing Avith his OAvn conscience." So much for this
aristocratic model. In the same number of this Review the
editor examines this question of an elective judiciary, and
for that Avhich I here copy from it I bespeak an attentive
perusal. The editor frankly acknowledges that "the prin
ciple is plain enough," yet fears that its adoption in New
York would not be politic at this time from the mode in
which their officers are now disposed of.
We sincerely hope that the defects of which the editor
treats may be cured under their present constitution, but as
here in Wisconsin we have not these four or five thousand
lucrative offices, we conceive that we are now in the position
that the Review hopes New York may be [in] when they
"will not have the slightest apprehension that the charac
ter of our judiciary would deteriorate by leaving their choice
to the people ' ' :
The election of judges by the people, however, presents a series of
questions of far greater delicacy and difficulty. The principle is plain
enough ; but whether our society is conditioned to bear its strict application is
yet doubted by many whose faith in popular government is absolute. It

388 WISCONSIN HISTORICAL COLLECTIONS

is

unquestionably the severest test by which the theory of popular sov
ereignty can be tried. Of this we are clear, that it would neither be wise
nor safe to give the choice of the judges to the people in the state of New
York, unless the political patronage of the state were greatly reduced, and
the residue dispersed beyond the control of intriguing and unscrupulous
politicians. We have the fullest confidence in the competence of the
people to choose their officers more wisely than any officer they will ap
point will choose for them, provided their wishes are fairly and fully rep
resented. But that is impossible while the constitution places at the
disposal of any successful political party some four or five thousand lucra
tive offices, and tolerates almost unlimited legislative interference with the
industry and capital of the state. Until, therefore, political patronage and
special legislation, which are the two great disturbing forces in our popular
elections, are in a great measure annihilated, it might be questionable policy
to extend the domain of the ballot box. But assuming that the changes
are to be made which we have already suggested, having reference to these
two cardinal defects of the present constitution, we have not the slightest
apprehension that the character of our judiciary would deteriorate by
leaving their choice to the people. Indeed, we believe a less technical
and more equitable system of jurisprudence would gradually appear than
that by which, in the disguise of justice, the people of New York have
been weighed down for the last quarter of a century. We are aware
that there are many men, not bigots either, who are shocked at the idea
of electing judges. They, however, are very easy under the administra
tion of justice by the present court of last resort, fourteen-sixteenths of
which are thus chosen. We incline to think that if it had been the usage
of the state to have its governor appointed by the chancellor with the
consent of the supreme court, the same class of men would be equally
shocked at a proposal now to make the governor elective. It was wisely
ordained, doubtless, that none of us should know how much our judg
ments are under the dominion of habit; if, however, we were to realize
it in this instance, the presumption is that our enfranchised minds would
be lost in wonder that we had thus long tolerated so wide a departure
from the theory upon which our government was planned and purports
to be administered.
In none of the constitutions recently made or revised has the principle
of an elective judiciary been extended, except in Missouri. It was origi
nally determined in the convention of that state to make all the judges elec
tive. They subsequently reconsidered their vote and determined to con
fine the elective principle to the circuit judges. The subject was dis-

POPULAR PROCEEDINGS AND DEBATE 389
cussed with great ability in the convention of Louisiana, and finally re
jected on a vote of forty to twenty. We have been informed by a dis
tinguished member of that body, and a friend to the election of judges,
that that subject had not been discussed before the people at all, previous
to the election, and that many of the delegates who were favorably dis
posed towards the system feared to take the responsibility of giving it their
vote without further instructions.
In the course of the discussion in the Louisiana convention a very able
survey of the whole question was made by Mr. Brent, a delegate from
Rapides, from which, did our space permit, we should be glad to extract
largely. We must confine ourselves, however, to the following letter re
lating to this subject, addressed to Mr. Brent by Judge Quitman, of Mis
sissippi, where the elective system has been introduced, which letter the
Speaker thus introduces to the convention :
"I have said that the testimony from Mississippi in favor of that sys
tem is strong and conclusive. I will prove it. In addition to the evidence
of the delegate from Baton Rouge (Mr. Read) I hold in my hand a let
ter from a gentleman well known by reputation in this state, a lawyer
of distinguished abilities, whose testimony upon this point is entitled to
peculiar weight. The letter is addressed to myself, and reads as follows:
New Orleans, March 22, 1845.
Dear Sie: —
I have received your letter of the nineteenth inst., requesting my views
upon the operation in the state of Mississippi of the system adopted there
of electing judges by the direct votes of the people, and asking my atten
tion particularly to the objection urged against the system, that such elec
tions would, generally, if not always, turn upon party or political ques
tions. Having no objections to the public avowal of my former opinions
or present views upon this interesting subject, I cheerfully comply with
your request.
At the time of the adoption of the revised constitution of Mississippi
in 1832 I was, with a majority of the bar of that state, opposed to the
system of electing the judges by the direct votes of the people. We re
garded it as a new and hazardous experiment, beautiful in theory but dan
gerous in practice. Many of us did not doubt the capacity or intelligence
of the people to make the best selections, but we feared that popular
excitements would find their way upon the bench, that party spirit and
political prejudices would generally determine the selection, and that the
judges would carry these prejudices with them upon the bench, and a
train of other evils. These and other objections were urged in the Mis
sissippi convention with great ability. The system was, however, adopted,
and, of course, its operation has been watched with deep interest and
severe criticism.
The experience and observation of nearly thirteen years have con
vinced me and many others who opposed the experiment that our ap-

390 WISCONSIN HISTORICAL COLLECTIONS
prehensions were not well-founded. So far the system has worked well
in our state. We have witnessed no evils attending it which are not in
cident to any other mode of selection, and, on the contrary, the develop
ment of some advantages over other modes of appointmeni Our judicial
stations have been filled with as much, if not more, ability, learning, and
weight of character than formerly. So far the people of our state have
appeared to perform this delicate duty with as much intelligence and dis
cernment, and I conceive with more integrity of purpose, than any other
appointing power. We have seen the electors of districts, in the midst
of political party excitement, elect judges differing from them on political
questions; and I believe no instance has as yet occurred of the election of
a judge in our state, upon mere party questions.
Upon the whole, after a careful observation of the operation of our
system, I give it as my decided opinion that the experiment of electing
judges by the ditect votes of the people has proved eminently successful
in our state. I am, very respectfully, Your ob't servant,
J. A. Quitman.
"We have seen from this letter of Judge Quitman that during the space
of thirteen years this system has been in active operation in Mississippi,
and that it has fully realized the expectations of its friends. We find
that under its workings politics have been driven from the bench, and the
judicial stations of the state have been filled with ability, learning, and
weight of character. Can as much be said for the operation of our sys
tem in this state? So far from polities being driven from the bench with
us, we have seen noisy and brawling politicians, yet smoking with the dust
of the political battle fields, with all exacerbations of political strife yet
clinging around their hearts, elevated to the important trust of deciding
upon the lives, the liberties, and property of our people. The practical
working of our system has been the very reverse of that of Mississippi.
There can be no comparison instituted between the two. But as I have
before observed, the testimony of this gentleman is entitled to peculiar
weight. He was a member of the convention of Mississippi that adopted
the revised constitution of 1832. In that convention he was the leader
of the opposition to this principle. His pride of opinion, his prejudices,
nave all been arrayed against it; yet, as he informed me, the observation
of thirteen years had forced him gradually and reluctantly to abandon
his first position, and at this moment he regards it as the best possible
system that could be devised. Should this convention think proper to
adopt the amendment now under debate, thirteen years hence I have no
doubt that the gentlemen who are now loudest in their opposition, if
called upon for their testimony, would write a letter similar to the one
I have just perused."

POPULAR PROCEEDINGS AND DEBATE , 391
Thomas Jefferson, whose name is a tower of strength for whatever
side he favors on a question of political philosophy, was a decided ad
vocate of an elective judiciary.
In a letter to Kerehival upon the subject of calling a convention in
Virginia for constitutional reform, he thus alludes to the subject:
"It is thought that the people are not competent electors of judges
learned in the law. But I do not know that this is true, and if doubtful,
we should follow principle. In this, as in many other elections, they
would be guided by reputation, which would not err oftener, perhaps,
than the present mode of appointment. In one state of the Union, at
least, it has been long tried, and with the most satisfactory success. The
judges of Connecticut have been chosen by the people every six months,
for nearly two centuries, and I believe there has hardly ever been an in
stance of change, so powerful is the curb of incessant responsibility. If
prejudice, however, derived from a monarchical institution, is still to pre
vail against the vital elective principle of our own, and if the existing
example among ourselves of periodical elections of judges by the people
be mistrusted, let us at least not adopt the evil and reject the good of the
English precedent. Let us retain a moveability on the concurrence of
the executive and legislative branches, and nomination by the executive alone.
To give it to the legislature, as we do, is a violation of the principle of
the separation of powers."
The Argus may possibly discover what it appears never.
to have known that one state at least has resorted to popu
lar elections for the choice of their principal judicial officers
and has acted under it for the last thirteen years, and al
though the friends of an elective judiciary may be, as com
pared with the Argus man, "politicians of moderate cali
ber," yet they are not for that reason to be deterred from
presenting their views, new though they may be, to the Rip
Van Winkles of Old Hunkerism, while they have the coun
tenance of the constitution of a sister state, the patriotic
advice of the great apostle of democracy, and the certain
satisfaction of knoAving that they are correct, and that the
Argus cannot deny that in principle they are not.
Jeffeeson.

392 WISCONSIN HISTORICAL COLLECTIONS
DECLARATION OF PRINCIPLES
[August 8, 1846]
At the Whig convention held in this village on the twen
tieth ult., resolutions were adopted purporting to set forth
the principles of the Whig party.14 This declaration of prin
ciples in many of its features so closely resembled the doc
trines for which we had ever contended, and was so diamet
rically opposed to all of the precepts and practices of that
party heretofore, as to lead to the conclusion that they had
abandoned their old ground as untenable and impolitic, buf
being ashamed to acknowledge their error individually and
join the party that had ever sustained the right, they were
attempting to take possession of our ground by force of num
bers and officer it with their own men. Had we believed
that they were honest in their professions, and would carry
out in good faith the measures which they avowed, it would
have left us nothing to contend for but individual prefer
ences for men — a matter of no general importance where the
principles were right. But we doubted the good faith of
these declarations, and subsequent events have strengthened
these doubts into tangible certainty that they were but words
signifying nothing — the merest clap-trap to cheat the un
wary into support of men, who, once in power, would use it
to advance and sustain their real sentiments. We make no
charge of as grave a character as that of duplicity and fraud
against any man or body of men without having the most
positive proof to sustain it. In this case we will condemn
them out of their own mouths. The second of the resolu
tions to which we refer reads as follows :
"Second. A direct and positive prohibition against the
granting by the legislature of any charter for banking pur
poses, or the passage of any law whereby any monopoly or

" For this statement of Whig principles, see ante, 154.

POPULAR PROCEEDINGS AND DEBATE 393
any special exclusive rights and privileges may be conferred
for private purposes."
The Madison Express, the accredited organ of the Whig
party in this county, in an editorial in that paper of August
4 says:
The universal Whig party hold it as an incontrovertible tenet of their
political creed that a mixed currency of specie and bank notes (convertible
into specie at the will of the holder) is indispensable to our individual
and national prosperity; the steadfast support of our commercial enter
prise; the efficient propagator of industry in all its manifold branches:
and that to banish the paper circulation entirely from the Union, would
be not only to curse the whole people with those fearful evils which re
sulted so disastrously to them from the curtailment of the currency dur
ing the reign of Martin Van Buren, but would ruin their fortunes, beggar
their families, and crush their fondest hopes of happiness forever.
Comment is unnecessary. A few individuals in the party,
for effect, declare one thing — the organ and exponent of the
party declares its opposite, and all the previous acts of the
party sustain the declarations of the latter. Would it be
safe to follow the new light, so dim and uncertain? But to
continue : the sixth resolution makes the following declara
tion: "Sixth. The extension of the right of suffrage to every
male resident above the age of twenty-one years in the ter
ritory at the time of the adoption of the constitution, being a
citizen of the United States, and thereafter to every male
resident above the age of twenty-one years, being a citizen
of the United States, or having declared his intention to
become so."
When this resolution was before the convention a member
moved to amend it so as to read "every white male, etc."
A. L. Collins Esq., who reported the resolutions, rejected
the offered amendment with indignation, and asserted the
equality of the negroes to the whites in such a manner as to
give the impression to everyone who heard his speech that
the resolution was intended to make no distinction of color

394 WISCONSIN HISTORICAL COLLECTIONS
but to take them all in. Under this impression the vote was
taken and carried with but one dissenting voice. There was
no dispute in regard to this interpretation of the resolution
until its publication. In the meantime much disaffection
was exhibited in the ranks on account of it, and serious ap
prehensions were entertained of an open rupture. In the
face of all these well-known facts, the party organ has the
cool assurance to pronounce the representation that the
Whigs of Dane are in favor of negro suffrage "a wilful fab
rication." From the cross-shooting in their own ranks it
would puzzle the keenest optics to see what they are aiming
at. A reasonable conclusion would be, however, that they
meant to hit all round.
By the reading of the resolution, it would exclude all from
a participation in the government at the time of the adop
tion of the constitution, who are not citizens of the United
States ; but thereafter, at some future time, they will be will
ing to take in, on their simple declaration of intention to be
come citizens, persons of every nation and tongue. Give
them the power first, and perhaps they will be magnanimous
in the use of it.
One more incident in connection with the convention and
we have done. The Express asks, "When, where, and how
have the Whigs ever opposed universal suffrage!" We
answer — in the state of Rhode Island they opposed it by the
sword, by chains and imprisonment, and the Whig conven
tion that declares for universal suffrage endorsed that op
position by placing upon their ticket N. J. Tompkins, a
Rhode Island Algerine, who makes an open boast of his op
position to Dorr and his patriot band ; and this, too, over Mr.
Anderson, a Whig of more liberal views. In view of all
these inconsistencies, are the people willing to trust to mere
professions unsustained by a single fact?

POPULAR PROCEEDINGS AND DEBATE 395
EXECUTIVE VETO
[August 15, 1846]
The New York state convention has agreed to the provi
sions of the present constitution in allowing two-thirds of all
the members present to repass a bill after its having received
the executive veto.
This veto question Avas very seriously debated by the fram
ers of the national constitution, and many of the statesmen
of that day Avere opposed to granting this right to the presi
dent; yet, whatever may have been the reason of the intro
duction of this proAdsion at the first formation of the gov
ernment, or the necessity of continuing the same in the fed
eral constitution, we are satisfied that as to questions of mere
state policy or expediency the governor should not be pos
sessed of a negative power that can thwart the will of the
people as expressed by the legislature elected by them. In
the organization of the federal government the senators are
the representatives of their respective states and under the
control of the state legislatures. To prevent encroachments
of the states upon the several powers, among other reasons;
this veto authority is given the executive that he may be able
to oppose their unconstitutional intrusions upon the rights
of the Avhole. Under state governments the senate and
house of representatives are both elected directly by the
people and alike represent their Avill. These men come up an
nually ' ' fresh from the people, ' ' and are as well qualified to
represent their varied interests as the governor possibly can
be. In fact, as to mere matters of expediency, they of needs
must be better exponents of the public will. If, however,
they should err, the error can be corrected by a majority of
the next legislature, instead of being required to elect two-
thirds to pass the bill at the next session over the objections
of the same executive, and we believe that a majority under
our form of government should everywhere be respected. In

396 WISCONSIN HISTORICAL COLLECTIONS
nearly every law passed by a state legislature no constitu
tional question can arise, but if so, let the point be submitted
to the judiciary, who, from their education and pursuits are
better prepared than the executive to determine constitu
tional objections to its validity. In nine times out of ten the
members of the legislature are as well versed in such matters
as the governor, and he may veto a bill upon constitutional
grounds when his objections are not sound — which under the
system in some of the states deprives the majority of the
friends of a bill of their right to enact it as a law. In nine
or ten states of this Republic the whole power rests in the
representatives of the people where we believe it should al
ways remain ; the governor signs the bill and it is his duty to
see the law faithfully administered. This we believe should
be the only power conferred on him under state constitu
tions. DEMOCRATIC CANDIDATES INTERROGATED
[August 15, 22, 1846]
To George B. Smith, Esq:
Dear Sir: The undersigned, having been appointed by the Democratic
Convention to draft an address to the electors of Dane County setting
forth the principles of our party, have, on mature deliberation, come to
the conclusion that we shall best arrive at the true opinions of the dele
gates on the much mooted questions embraced in the following interro
gations, by allowing each candidate to express his own sentiments on
them, in his own language. The circumstances in which the party is
placed [make necessary], in our opinion, decisive and categorical answers
to all of them, and nothing short of such answers can harmonize the party
and give to you the united vote of the same; you will therefore please
inform us and the public whether,
First. You are in favor of the establishment of a bank or banks
either for the issue or deposit of paper money in the state of Wisconsin?
Or will you place a prohibition in the constitution of Wisconsin against
the incorporation of any bank or banks, by the legislature of the state, or
the establishment of any branch of a bank chartered elsewhere?

POPULAR PROCEEDINGS AND DEBATE 397
Second. Will you impose any restriction on the elective franchise, and
particularly in relation to foreigners?
Third. What restraint would you impose on the legislature in the crea
tion of state debts?
Fourth. Are you in favor of or opposed to making all executive and
judicial officers elective by the people; and to hold the same for a short
or a long term?
Fifth. Are you in favor of or opposed to exempting any real estate
from being taken on execution against the owner and would you place
such exemption in the state constitution?
The interests of the party and your success or defeat will require your
earliest attention to those matters, and hoping there will be no delay in
giving prompt and decisive answers to each and all of them and wishing
you success in the ensuing campaign, we have the honor to be,
Your obedient servants and fellow Democrats.
Benjamin Holt
Darwin Clark
J. G. Knapp
Chester Bushnell
Beriah Brown
Madison, August 15, 1846.
Gentlemen: I have the honor to acknowledge the receipt of your let
ter bearing date August 13, setting forth several questions, the answer to
which you deem of importance to the success of the Democratic party of
this county.
I am happy at this time thus to have an opportunity of expressing to you,
and through you to the public, my opinion upon these questions.
"Are you in favor of the establishment of a bank or banks, either for
the issue or deposit of paper money in the state of Wisconsin? Or will
you place a prohibition in the constitution against the incorporation of
any bank or banks by the legislature of the state, or the establishment of
any branch of a bank chartered elsewhere?"
Upon this question my views and feelings are so well known to you, and
to all with whom I am intimately acquainted, that an answer would scarcely
seem necessary; but for the information of the people generally, to whom
we are mostly strangers, it is perhaps proper that I should publicly lay
before them in a brief and concise manner my views upon this as well as
the other questions which you, as the people's committee, have seen fit
to propound to me. The evil effects and disastrous history of banks

398 WISCONSIN HISTORICAL COLLECTIONS
and the use of bank paper to supply the place of money have long since
convinced me of the inexpediency of ever attempting to establish any sys
tem of banking whatever, and time and circumstances have strengthened
and confirmed me in that opinion; therefore, I am not in favor of the es
tablishment of a bank or banks under any circumstances, or for any pur
pose whatever, and if elected I would use my influence to prohibit in the
constitution the establishment in this state of any bank, or the branch
of any bank chartered elsewhere.
"Will you impose any restriction on the elective franchise; and parti
cularly in relation to foreigners?"
My answer to this question would unequivocally be, that I would im
pose no restrictions whatever upon the elective franchise of free white
male citizens over the age of twenty-one years, except that they should
reside in this state six months immediately previous to their offering to
vote; and in relation to foreigners, whenever they have reached their ma
jority and signified their intention to become citizens of this state, by a
residence of the same duration, and by renouncing all allegiance that
they might otherwise owe to any other government, they should, in my
judgment, be admitted to all the rights and privileges of an American
born citizen.
"What restraint will you impose on the legislature in the creation of
state debts?"
In answer to this question I will say that I would impose every restric
tion calculated to prevent the legislature from contracting a state debt under
any circumstances, except in case of insurrection or invasion, or the like,
unless the question is first submitted by the legislature to be voted upon
by the people of the state.
"Are you in favor of or opposed to all executive and judicial officers
being elected by the people, and to hold the same for a short or a long
term?" Upon this subject, too, my views are well understood by the com
mittee, as being in favor of the election of all officers by the people, and
opposed to giving the appointing power to any officer or branch of the
government. In my opinion the appointing power is a relic of monarchy,
wholly inconsistent with our form of government, and should be eradicated
as speedily as possible; and the elective and lawmaking power ought never
to be entrusted to one and the same body. The term of an officer should
be short, that he may constantly bear in mind his accountability to the
people.

POPULAR PROCEEDINGS AND DEBATE 399
"Are you in favor of exempting any real estate from being taken on
execution against the owner; and of placing that exemption in the con
stitution?" This, unlike the foregoing questions, is rather a novel one, and al
though the principle of exemption may be old, its application to the reser
vation of a homestead has not been tested to any extent by public opinion.
It is a subject, however, in which I feel a deep interest, and should be
happy to see it tested to the fullest extent. By giving a man his home
free from the possibility of losing it by any combination of circumstances
you render him independent, and place within his reach the means of
making himself and family comfortable and comparatively happy. You
give him a home which he knows is secure in spite of the many misfor
tunes to which we are all subject and over which we have no control;
and in my opinion you have removed, in a great degree, that grasping
and money-making spirit that so distinctly marks the character of man
of the present day — a principle which he does not possess by nature, but
which is fostered and encouraged by the uncertain tenure by which he
has hitherto held the means for the protection and support of himself
and family. Could we be wholly certain of the means of subsistence
during life, this motive to overreach one another and to amass large for
tunes would be nearly or quite done away, and we would then turn our
attention to the education, cultivation, and improvement of the mind;
education would then be preferred to wealth, and happiness and ease to
turmoil and strife; and, as one of the original friends of the exemption
of the homestead from forced sale, I but here repeat what I have everywhere
maintained upon this humane provision, that I am satisfied that a liberal
exemption of land from execution will prevent not only the breaking up
of families but to some extent pauperism and crime. It will necessarily
produce the happy consequence of restricting the small credit system.
It will enable the farmer and the mechanic better to meet his just liabil
ities. It will free our citizens from the slavery of debt, and add much
to the morality, honor, and independence of our people. It will encourage
the oppressed of other lands to seek a home where the rights, interests,
comforts, and independence of themselves and families will be favorably
regarded. It will prevent petty litigation. It will break down all dis
tinctions of society based upon mere wealth, and make men respected
according to their integrity.
If elected I will use my endeavors to place this principle of exemption
in the constitution. In respect to the amount or value of real estate to
be exempted, I perhaps need not speak. The principle I believe to be

400 WISCONSIN HISTORICAL COLLECTIONS
good, and how much shall be exempted is a question which might better
be left to the sound discretion of the convention.
These are my views in respect to the foregoing questions; such as they
' are, I respectfully submit them to you, and you are at liberty to make
such use of them as you see proper for the promotion of the great cause
of democracy, and the success of the Democratic party in this county.
I am, gentlemen, very respectfully,
Your obedient servant,
Geo. B. Smith.
To Benjamin Holt, Beriah Brown, J. G. Knapp, Darwin Clark, and Chester
Bushnell, Committee, Madison, W. T. Rutland, August 18, 1846.
To Benjamin Holt and others:
I received your note of the 13th inst., yesterday, calling upon me as a
candidate to answer certain interrogatories.
I, as a candidate, feel myself bound by my principles, to give candid
answers to all political questions that may be put to me by a committee,
or by any lawful voter in the county. Your first question is,
First. "Are you in favor of the establishment of a bank or banks either
for the issue or deposit of paper money in the state of Wisconsin? Or
will you place a prohibition in the constitution of Wisconsin against the
incorporation of any bank or banks, by the legislature of the state, or
the establishment of any branch of a bank chartered elsewhere?"
I am not in favor of the establishment of a bank, etc., unless the cor
poration of the bank gives as good security in real estate for the redemp
tion of their notes (aside from specie actually in their vaults) as they
would ask for the loan of money.
I would place a prohibition in the constitution against the incorporation
of any bank or banks, unless so restrained, and I would prohibit in the
constitution the establishment of any branch of a bank chartered elsewhere.
We can have as good a constitution, as good a currency and credit, as
any people in the world; therefore I hope the people will not delegate
power to the legislature to make wild-cat money, or to do anything to injure
the credit of the state, so that if we have bank notes at all we shall have
such as people will be proud to see Wisconsin on the face of * * * *.
Second. "Will you impose any restriction on the elective franchise,
and particularly, in relation to foreigners?"
I would. My first object would be to prevent crime. For instance,
let the people know that if they are convicted of a state's prison offense
they forfeit what every American holds dear.

POPULAR PROCEEDINGS AND DEBATE 401
As to foreigners: Let them become fellow citizens as soon as may be
after declaring their intention to become such, and [after they] have re
sided here a sufficient length of time to prove the same to the satisfaction
of the people.
Third. "Would you impose any restraint on the legislature in the crea
tion of state debts?"
I would. I think it is policy for the people in order to keep their
credit good not to delegate to a legislature the power to create a state
debt, without at the same time providing ways and means to pay the same.
Fourth. "Are you in favor of or opposed to making all executive and
judicial officers elective by the people; and to hold the same for a short
or a long term?"
I am in favor of the above for short terms.
My principle is, not to delegate to others the power to do for the people
that which the people can conveniently do themselves, and to make their
servants often responsible to them.
Fifth. "Are you in favor of or opposed to exempting any real estate
from being taken on execution against the owner and would you place
such exemption in the state constitution?"
I would not place such exemption in the constitution, but I am in favor
of the legislature exempting a team, tools, household furniture; and I
would not object to a house and small piece of land.
The above are my answers to your interrogatories, and I would state,
also, that if it should be my fortune to have a seat in the convention I
shall use my little influence to bring about the above or as near it as pos
sible. I also state to you that there are instances (in my opinion) where a
person can best serve his constituents by choosing of two evils the least.
May true democracy prevail forever in Wisconsin is the wish of your
obedient servant, B. Fuller.
To B. Holt and others. Madison, August 15, 1846.
Gentlemen: I have the honor to acknowledge the receipt of your
epistle dated August 13. In your preamble you acknowledge yourselves a
committee appointed by the Democratic Convention to draft an address to
the electors of Dane County. In order to aid you in your deliberations
you call upon the nominees of your party to, give their opinions upon certain
26

402 WISCONSIN HISTORICAL COLLECTIONS
questions propounded. I am willing you should know my opinions for
the above purpose and for no other.
Question 1. I would inform you that I am a birthright member of the
Democratic family, and have acted with them for fifteen years as a voter —
seven years in Dane County. The whole of this time I have been opposed
to banks or monopolies of any kind.
Question 2. In answer to this question — I am hi favor of no restric
tions upon the right of suffrage of white male citizens, further than that
they should reside in the state six months; and in relation to foreigners,
that they should be entitled to all the privileges of citizens, after becoming
naturalized. Question 3. I am in favor of restricting the legislature to a limited
extent. Question 4. I am in favor of the election of every officer by the people,
and for short terms.
Question 5. I am in favor of exempting from execution for debt a
certain amount of real estate; and, if elected, would use my influence to
exempt as much as possible.
As it is the prerogative of the people to give instructions to their
servants, I should, if elected, in all cases feel in duty bound to abide by
their instructions, whether they correspond with my views or not.
Your most obedient servant,
Abel Dunning.
To Benjamin Holt, Darwin Clark, J. G. Knapp, Chester Bushnell, B.
Brown, Committee. THE REPLY OF JOHN Y. SMITH
The above letter [of the committee] was duly received by
us, and without stopping to inquire into the authority of this
committee, either on behalf of the convention which honored
us with a nomination, or that from AAdiich they derived their
appointment, to catechise the candidates nominated by the
other convention, and passing over everything dogmatical in
the questions and mandatory and menacing in the style of
their letter, and most respectfully differing with the com
mittee in the opinion that our success will depend entirely
upon our doing precisely as they may direct, we avail our-
self of their indulgence in "allowing the candidates to ex-

POPULAR PROCEEDINGS AND DEBATE 403
press their oavh sentiments on them (the questions) in their
own language."
The committee may not be aware that the delegate nomi
nating convention took into consideration the propriety of
instructing the delegates upon the same or similar questions,
and after deliberation, deemed it advisable to leave the
candidates they had selected to the guidance of established
party principles, and upon all new questions, to ascertain
the sentiments and wishes of the people, with the expecta
tion that as good Democrats they would at all times hold
themselves open to instructions and in readiness to obey
them. So far as relates to the bank question, the recognized prin
ciples of the party are such that, by accepting a Democratic
nomination to the state convention, we consider ourself
pledged to use our endeavors to place an effectual barrier
in the constitution to the existence of banks of any kind with
in the state of Wisconsin.
Upon the question of suffrage, the triumphant manner in
which the present law of the territory has been enacted and
sustained by the Democratic party, allowing all white male
inhabitants over twenty-one years of age who have resided
six months within the territory to vote for delegates to form
a state constitution, we regard as a decisive indication that
substantially the same provisions should be inserted in the
constitution for the guidance of all elections under the state
organization. A restriction upon the debt contracting propensity of leg
islatures is a provision so obviously necessary and so
strongly recommended by the experience of all new states
that there can be no doubt but the people of Wisconsin ex
pect it and will approve of it by acclamation.
We also regard it as a well-settled Democratic principle,
that all officers should be elective so far as is consistent with
the stability and efficiency of the government; but whether
stability and efficiency would best be secured by the exten
sion of the elective principle to the judicial department is a

404 WISCONSIN HISTORICAL COLLECTIONS
question upon which not only individual Democrats amongst
us, but Democratic communities and states differ widely.
Upon this question the nominating convention did not at
tempt to give law to the party, nor do we believe that they
expected the candidates would take upon themselves a re
sponsibility which they distinctly declined.
Upon this question, we consider ourself under instruc
tions from the convention to ascertain the wishes of the peo
ple, and to follow rather than to give instructions. We are
daily engaged in this our business, and thus far we are free
to say that the sentiment predominates in favor of an elec
tive judiciary.
To release men from paying their honest debts cannot
fairly be claimed as a Democratic principle. Upon this
question the Whigs have the ground in the universal bank
rupt law of 1841. Still we are in favor of exemption laws
for the benefit of the poor debtors, and we believe they should
be as liberal in their character as is consistent with justice
to poor creditors. Guided by this rule, we regard as a mat
ter of indifference whether the exemption consists of real
estate or personal property, or both. But whether any ex
emption law should be incorporated in the constitution is a
question which we think admits of some doubt. We should
remember that the object of framing a constitution is not to
frame a code of laws, but simply to create the several de
partments of government, and define and limit their powers.
Wisconsin Argus.
THE EXEMPTION
[August 22, 1846]
The principle of exemption, which is now being discussed
lo a considerable extent among us, seems to be misunder
stood by some and either wilfully or ignorantly misrepre
sented by others. The exemption of a home from execution
for debt was, we believe, first presented to the consideration

POPULAR PROCEEDINGS AND DEBATE 405
of the public in Wisconsin by this paper, and the sentiment
was approved by every Democratic paper in the territory
with one exception. We therefore claim the right to explain
what is, and what is not intended by the measure. "To re
lease men from paying their honest debts" is no part of
the plan proposed. On the contrary, it is intended to se
cure to them the facilities for raising the means to meet their
obligations, instead of turning them and their families naked
into the street without the means of subsistence, perhaps to
become a public charge, merely to gratify some Shylock
whose exact sense of justice demands the fulfillment of "the
bond." We would withhold from the creditor no property
which of right belongs to him. We but ask that sickness or
misfortune, or even the prodigality of the debtor, shall not
deprive his family of the tenement, humble though it may
be, which shelters them from the storm, of the little piece of
land from which by their labor they draw their subsistence,
and of the proper implements necessary to pursue their
labor. Is there anything unjust or unreasonable in this?
Allow the relentless creditor to rob them of these necessaries
of existence, and are the ends of justice any better secured?
Either benevolent individuals or the public must furnish
them Avith the shelter and sustenance of which they have
been deprived, and thus, year after year, is pauperism and
crime increased under the fostering care of our wholesome
laws for the protection of capital.
Nine-tenths of our national and state legislation is for the
encouragement and security of commerce and trade, for the
protection of manufacturers, and for the benefit of capital in
every way in Avhich the labor of the many is made to supply
the luxuries and increase the wealth of the few, and it is con
sidered legitimate legislation. But, let any measure be pro
posed to ameliorate the condition of the producers of the
country and relieA^e them in any degree from their slavery
to wealth, immediately some "old croaker" who has suc
ceeded, God knows how, in emptying the pockets of others
into his own to a considerable amount, fearful that he shall

406 WISCONSIN HISTORICAL COLLECTIONS
lose some of the powers which wealth has heretofore pos
sessed, raises the cry of " agrarianism, " " demagogueism, "
etc., in order to blind the people to their own interests.
Thank God for the progressive spirit of the age ; the time
will come — has come — when other rights than those alone
which money gives will be respected.

LEGAL REFORM
[September 26, 1846]
Mind and matter must alike have a vent. The compress
ing band of so-called olden experiences can no more control
the one than a toy fountain can extinguish the flame of
earth's Vesuvius. The people, most fortunately, can and
will think, and, notwithstanding all the halo of prejudice
that Old Hunkerism is prepared to throw around any of its
obnoxious theories, yet the fog must be dispelled and the
smoke that surrounds it evaporated before the searching
analysis of thought. We rejoice that we live in the day that
everything that may be urged tending to the real enfranch
isement of man can now be advocated with a sure confidence,
and that nothing is per se too artificially sacred to resist the
examination of mental scrutiny. New theories are neces
sarily innovations upon olden practices; but if "the light
that burns within us" proves their injurious consequence
and fallacy, we hold that all such subtle deceptions should
be exposed and the false glare that surrounds them at once
dispelled. As one of the "progressive democracy" we rec
ognize this rule of conduct, that if a correct principle invokes
a change, either as affecting our government or the natural
rights of its citizens, we will not sanction the evil nor fear
to combat the error as it may have heretofore existed. The
sentiment of the purest of reformers, the lamented Leggett,
meets with our fullest confirmation: "Satisfy me that a
principle is right in the abstract, and I will reduce it to prac-

POPULAR PROCEEDINGS AND DEBATE 407
tice if I can." The monarchial glare that has surrounded
the administration of justice should be dissipated under our
new constitution, but the question arises how or in what man
ner shall the courts be made to assume a natural aspect?
It is not to be wondered at that our fathers who framed the
great charter of our national liberties should have fallen into
the old mode of judicial dispensation practiced by the gov
ernments of the Old World from which they sprung. They
looked upon any innovation upon the old mode of adminis
tration of justice as little less than sacrilege, and the bench
as ministering at a holy shrine. We hold to the old-fash
ioned doctrine that all men are equal, and that courts and
their attendant evils are no more sacred to the probe of our
examination than the errors that have grown up under the
unequal practices of banking or of tariffs, and, honestly be
lieving the present mysterious system of organizing courts
to be adverse to the interests if not to the rights of the great
body of the people, we most cordially invoke a change. We
would ask our unprofessional friends whether it should of
necessity be required that all the special pleading of the
lawyer must be retained to recover a judgment upon a plain
promissory note, or upon a mortgage to which there is and
can be no defense? Yet such is the arrangement under the
rules and practices of courts, counsel must be employed to
recover that which the defendant or mortgagor does not in
any way resist — and the poor defendant finds the original
debt incumbered with the additional charges of fees and
costs, which have been made contrary to the wishes of both
parties. Can no way be devised to remedy this? Why
should not the plaintiff or mortgagee have the privilege (as
he naturally has the right) to produce to the court himself
the evidence of the other 's indebtedness, upon a simple exhi
bition of the note or mortgage as the case may be? Can
common sense justify the everyday practice of courts that
throws the party out of court and endangers by delay the
real administration of justice, in consequence of some trivial
technicality of counsel? Every prudent business man knows

408 WISCONSIN HISTORICAL COLLECTIONS
that a reference to two or three common-sense men, of any
controverted case, is far preferable to the tedious "uncer
tainties of the law. " As a far lesser evil and which in the
main would obviate many of the objections to the present
system, we should be inclined to favor "courts of concilia
tion," as recommended by the Southport Telegraph, the
creation of which is now meeting with the warmest support
from many members of the New York constitutional conven
tion. We look with great anxiety to the deliberations of
that convention upon that subject as we know of no one thing
that calls more loudly for alteration than the present ex
pensive and irrational mode of administering both law and
equity. We propose giving this subject further considera
tion. OUR STATE LEGISLATURE
[October 3, 1846]
The organization of our legislature must of necessity form
one of the most important subjects that the convention Avill
be called upon to consider. The nearer the power is kept in
the hands of the people, so, we believe, their interests and
rights will be best secured, and in the formation of our state
government the house of representatives may justly be re
garded as the most important branch. By its numbers and
the frequency of elections it has been made in other states
the immediate representative body of the people, and is con
sidered as the peculiar guardian of their political rights.
It has, therefore, become an axiom of the democracy of the
freest states that this body should be composed of the larg
est number of members compatible with the convenient and
proper transaction of business; and be elected from the
smallest political districts into Avhich the state is divided,
so as to secure an intimate and perfect knowledge of the
abilities and character of [his] representative by the elector,
which under the present territorial system cannot be said

POPULAR PROCEEDINGS AND DEBATE 409
to be the case. It is at least admitted by all that one such
a popular body should exist in every republican government.
We propose, therefore, for the consideration of the dele
gates to the state convention (and only propose, that they
themselves may give the subject the consideration that may
be its due) that, folloAving the example in some respects of
the New England states, the constitution shall provide that
a representative be elected annually in this state by the in
habitants of each organized or incorporated toAvn.
That each toAvn containing — say — 200 voters elect one rep
resentative. That every incorporated toAvn containing — say — 400 vot
ers may elect two representatives.
And every such town containing — say — 800 voters may
elect three representatives, and for every 400 voters which
each town may contain above 800, such town may elect one
representative. That the voters of each town at the annual election shall
by a vote determine Avhether they will elect one or more
representatives for such town according to the above ratio.
And that each town shall pay its own members at the town
treasury by a tax to be levied by such toAvn, and no member
shall receive any other compensation for his services as such,
or hold any other office during the term for which he is
elected. Under such an organization it rests entirely with the peo
ple whether they will send a full delegation or not, as they
alone are to pay the expenses of their representatives, and
in default of electing any representative they alone are to be
injured. Give the people the right to a full representation,
even though they may not use it, and while they keep the
purse strings in their own hands the system will scarcely be
more expensive than the one adopted under our territorial
government. In Massachusetts, where a nearly similar sys
tem prevails, the sessions of the legislature are not unnec
essarily extended, and, with the moderate per diem that they
receive, we do not think on the mere score of economy that

410 WISCONSIN HISTORICAL COLLECTIONS
tney are much the sufferers. Our wish is that the great body
of the taxpayers be represented, and, let taxation really
travel hand in hand with representation, * * * what
ever mode, even different from the one we have suggested,'
that will give us a Avell represented people, we will be found
to favor it, as we humbly believe that after a body exceeds
one hundred in number it makes it but little less objectionable
in consequence of mere numerical inconvenience, to extend
it three times as large, if the additional expense can be in
some way reduced.
Under our proposition many of the towns would fail to
be represented, so that the expense to the great body of the
whole people in making a moderate per diem allowance to
those that do attend would not, probably, exceed a body of
one hundred members drawn together under the old mode
and paid a larger per diem out of the state treasury.

THE RECENT ELECTION
[October 3, 1846]
The Milwaukee Sentinel copies a couple of paragraphs
from this paper — one in regard to the vote at the English
settlement in Iowa County, and the other to that of the Nor
wegian settlement in this county — and makes them the text
for a long lecture upon the subject of deceiving the poor for
eigners into the support of the "Loco Foco" ticket.15 To
those who know how it was done, and are also acquainted
with the character and course of the Sentinel editor, there
is something irresistibly rich and droll in this complaint,
and it smacks strongly of irony upon his own party for not
following his example and "playing it finer." No man in
the territory has made more appeals to foreign-born citi
zens as a class, attempted more "blarney" and cajolery,

' For the Sentinel article here referred to, see ante, 202.

POPULAR PROCEEDINGS AND DEBATE 411
than this same editor. It was the "generous Irish" and
the "honest German" before election, but now if he dared
use such expressions to express his real feelings, it would be
the ' ' d  d Irish ' ' and the "black Dutch. ' ' In this county,
among the foreigners, the Whigs had the field almost entirely
to themselves, and used every appliance which could be
brought to bear to win their suffrages. The Whig candi
dates quartered upon them — slept and ate with them (for
particulars ask our friend Botkin), had their "Declaration
of Principles" translated and placed in the hands of every
Norwegian in the county accompanied by suitable personal
admonition, furnished means of conveyance to the polls — but
all to no purpose. They couldn't win, and hence the cry,
' ' There 's cheating round the board. ' ' We believe that there
has been rascality practiced, but Ave know that we did not do
it. The great mistake of the Whigs has been that they un
derrated the intelligence of this portion of our population,
and after trying in vain all sorts of expedients to cajole
them instead of doing them the justice to acknowledge that
they thought and acted for themselves independently, they
have invariably come to the conclusion that the Democrats,
by some hocus-pocus which they have never been able to ex
plain, have outwitted them. With the editor of the Sentinel
we deprecate any action having a tendency to create distinct
classes for political effect among us, and if this is the case
with some of our foreign-born citizens, the Democratic party
is not responsible for it. But it might be well to ask if the
course of Whig editors generally would not naturally lead
to such a result — courting them as a class before elections,
and as a class abusing them afterwards. We Avould have all
citizens equal in the enjoyment of all political rights, and
bearing all the burdens of government, and this has ever
been the doctrine of our party.

412 WISCONSIN HISTORICAL COLLECTIONS

SELECTIONS FROM THE MADISON WISCONSIN
ARGUS
THE "ALIEN LAW"
[October 14, 1845]
Whigs seem to regard this law as an extension of the
right of suffrage.16 In this respect they give us too much
credit. It is rather an act to restrict the right of suffrage.
The law as it now stands makes a residence of six months
in the territory a necessary qualification for a voter for
delegate to form a state constitution. Without some such
law every male resident of mature age, wherever born, or
however short a time he may have been in the territory,
would be entitled to vote. The reason is that, in the forma
tion of a new government by the people, which is to be for
certain purposes and to a certain extent absolutely sovereign
and independent, society is, to precisely the same extent,
thrown back into its original elements and left entirely, ab
solutely, and necessarily without law ; for, so far as they are
bound by law in the formation of their government, so far
their government is already formed and beyond their con
trol. Now, to what extent and for what purposes is the pro
posed state to be sovereign and independent? Without
enumerating further, we must put down the right to define
the qualifications of her voters as one of the absolute powers
of state sovereignty — a power which no other state nor all
the others together in their federal capacity can interfere
with. The Whigs, it is true, have labored to identify the
right of suffrage with citizenship, and, in respect to foreign
ers, with the naturalization laws; but those who have at~

16 For an account of this law and of the whole subject of alien suffrage
in this period see Louise P. Kellogg, "The Alien Suffrage Provision in the
Constitution of 1846," in Wisconsin Magazine of History for June, 1918.

John Y. Smith

POPULAR PROCEEDINGS AND DEBATE 413
tempted it, have only exposed their ignorance of the funda
mental principles of our government. The power to enact
naturalization laws is, as everybody knows, conferred upon
Congress by the constitution. The power to define the qual
ifications of voters, as everybody ought to know, is reserved
to states respectively.
In forming a state government we shall not be acting in
our territorial capacity, for the territorial government does
not possess the power of self-annihilation which the forma
tion of a state government contemplates. Consequently, the
laws of Congress creating this government and defining its
powers can have no reference to such a step. Congress can
not define the qualification of voters for the formation of a
state government for the constitution confers upon Congress
no power over the people of the territory except in their
territorial condition — to govern them as territories. Con
gress can hold us in our present condition or release us from
it as they please ; but they must govern us as a territory or
not govern us at all.
The state cannot define the qualifications of the voters for
this purpose for it is not yet formed, and even the territorial
government, the moment it makes the attempt, transcends
its legitimate powers and its acts are merely advisory.
Where, then, are we to look for authority upon the subject?
Evidently there is no authority but in the people ; because,
in respect to a state, this is an original power resting with
the people. Suppose Congress should attempt to define the
qualifications of voters upon this question — by what means
could their regulations be enforced? Suppose they make
citizenship a necessary qualification, and the people, in their
primary capacity, determine to let every man vote, and dele
gates thus chosen form a constitution and the people adopt
it — what possible effect could the votes of one or five thou
sand foreigners have upon the validity of the proceedings,
or of the constitution formed? Clearly none at all, for the
constitution could be of no force at any rate until approved
by Congress and the state admitted into the Union. Should

414 WISCONSIN HISTORICAL COLLECTIONS
Congress choose to reject our constitution because we had
not been governed by their dicta in its formation and adop
tion, they would have the power to do so ; and so they Avould
for any other reason or for no reason at all. But if the con
stitution were in all respects satisfactory, both to Congress
and to the people of the proposed state, there could be no
ground of complaint from any quarter and the constitution
would be approved of course.
If there is no power above the people which can reach the
question it becomes one of natural right and all distinctions
of nationality must be abandoned, for the reason that, in
respect to the new government, all the inhabitants are for
eigners alike and must alike become citizens and subjects of
the new government, by virtue of its being formed over them,
which places them in all respects in the same situation as if
they had been born under it. There is no principle of politi
cal or international law more clearly settled or more obvi
ous in itself than that the conquered owe allegiance to the
conqueror, and the peaceable succession of a government to
the control of a country can be no less effectual to this end.
As the territory, therefore, assumes the character and
attributes of a new and independent sovereignty, the sub
jects of foreign states residing in the country are, by the law
of nations, absolved from their allegiance to their former
sovereigns and become citizens and subjects of the new gov
ernment, whether they are willing or not. They are allowed
no choice in the matter.
If none are yet citizens of the new government, and all
must become such in spite of themselves, then, in respect to
citizenship, all stand upon the same common level and are
equally entitled to participate in its formation. By what
rule, then, can the people in their primary capacity discrimi
nate between those who may participate in the transaction
and those who may not ? If we say to the Englishman, ' ' You
shall not exercise political rights because you were not born
in America," he might with equal propriety deny us those

POPULAR PROCEEDINGS AND DEBATE 415
rights because we were not born in England. To deny a
man's right to participate in the political power because he
Avas not, in our estimation, born in a noble country, is just as
aristocratic as to deny him that right because he was not
born of noble blood — we refuse to accord the right on the
ground of his humanity, and this done, it matters not Avhat
arbitrary conditions we may attach to it. If not having been
born in a particular place is to be regarded in the abstract
as working a forfeiture of political rights, we do not see why
not having been born in another place would not have the
same effect. Thus, by following the rule, no human being
could claim any political rights whatever, for no man could
reasonably claim to have been born in every place. Still it
seems to be important that some rule for the regulation of
the right of suffrage should, for this as well as for other
purposes, be adopted ; otherwise, multitudes of voters might
be imported from an adjoining state or territory and ad
mitted to vote by virtue of their being in the territory on
that day. Every actual resident is entitled, by Adrtue of his
humanity and the relations about to be formed between him
and his new sovereign, to have a voice in forming the com
pact; for he is compelled to be a party to the transaction.
But what shall constitute a residence is a question which
ought to be settled in some way. How is it to be done 1 We
do not hesitate to ansAver that it cannot be settled in any
manner which shall be absolutely authoritative; for among
Republicans the right of suffrage lies at the foundation of all
state laws and must be exercised before any law can exist
to regulate it. The only regulation, therefore, which can
exist must be adopted by general consent and enforced by
the same authority. If a majority sufficiently strong deter
mine to exclude the minority from a participation in the
founding of the government on account of their nativity,
color, or for any other cause, they can do it, whether Ameri
can citizens exclude the previous subjects of other govern
ments, or the subjects of other governments exclude Ameri-

416 WISCONSIN HISTORICAL COLLECTIONS
can citizens; and we can see no remedy in either case, but
by the rejection of the constitution by Congress, which Avould
be hard to procure if it were sound in its principles and
framed and adopted according to the will of a majority; for
this is the authority upon which Congress must ultimately
act if they look for any authority whatever from the people.
This primary regulation might be adopted by a convention
chosen for this and similar purposes, but the same question
would arise in choosing delegates to this convention; or, in
other words, the question to be settled would arise in re
spect to who should be allowed a voice in settling it. So with
every attempt to settle this question by the only adequate
authority — the people — the question itself comes up as the
previous one, and cutting itself clean of all restrictions, de
mands to be decided by universal suffrage. If universal
suffrage be conceded for this purpose the point is gained
and it may as well be conceded for all other purposes. But
should a majority impose conditions and restrictions the
minority would be bound by it, if the majority could enforce
their regulations.
It must be evident, therefore, that for the people in their
primary capacity to adopt any regulation upon the subject
would be attended with many difficulties. The next best
authority is their chosen representatives in the territorial
legislature. They, by a recommendatory act (for this is all
it can be called) require, as a qualification to vote for dele
gates to form a constitution, a residence of six months in the
territory as evidence of actual settlement. Had this act
been adopted gratuitously by the legislature, and had [it]
not passed under popular review, its authority would have
been more exceptionable. But the principle has been made
the test question in two general elections and the action of
the legislature has been triumphantly sustained as a whole
some, primary regulation to be observed when the emergency
shall arise.

POPULAR PROCEEDINGS AND DEBATE 417
STATE GOVERNMENT— No. 1
[November 25, 1845]
The question of forming a constitution and organizing a
state government for Wisconsin is becoming one of general
interest, so far as our observation has extended. The sub
ject has been discussed at some length by correspondents of
the Mineral Point Democrat and Southport Telegraph, both
urging reasons in favor of the immediate adoption of the
measure. The Milwaukee Courier is also in favor of imme
diate state organization, and proposes more summary meas
ures than we have before seen advocated.
That a majority of the people are in favor of moving in
the matter we are inclined to believe, though we do not con
sider it as reduced to an absolute certainty. As to the
modus operandi, different opinions are entertained by those
who agree upon the main question. Some would go no
farther than to petition Congress for a law providing for the
taking of a census and an appropriation to defray that ex
pense and the general expenses of forming the constitution,
to take effect whenever a majority of the people of the ter
ritory shall vote in favor of state government. Others
would have our legislature call for a vote of the people at an
early day, say by the first of March, decide upon the number
of delegates Avhich shall compose the convention, apportion
them in the same ratio as the members of the legislature are
now apportioned, and in the same act authorize the gov
ernor, in case the vote should be in the favor of the measure,
to order an election of delegates and call the convention to
gether as early as the first of May, submit the constitution
to the people for their ratification as soon after the adjourn
ment of the convention as an election could be called, and
send it up to Congress in season to be admitted during the
approaching long session of that body. Others, again,
would take the consent of the people for granted and have
27

418 WISCONSIN HISTORICAL COLLECTIONS
our legislature, Avithout further ceremony, provide for the
adoption of a constitution.
From present appearances we presume that each of these
plans will find advocates among the members of the legis
lature. Racine, Walworth, and Rock will probably be in
favor of more summary measures than the middle counties.
Iowa will, we think, be in favor of the medium course, and
also this and a portion, at least, of Milwaukee district. The
North will doubtless be for proceeding with the greatest de
liberation and may perhaps oppose any measure except to
petition Congress for aid in the matter. Grant will prob
ably, for the most part, be opposed to any action whatever
until the so-called alien law is repealed. We may be mis
taken," but we apprehend that these are very nearly the senti
ments of different sections of the territory. That some
measures preparatory to a state organization will be adopted
by our legislature at the approaching session, there can be
no doubt ; but what those measures will be may be regarded
as very uncertain; but we are inclined to the belief that
summary measures will not succeed.
As to the main question of state government or no state
government, our own opinion is that if Congress would deal
with us in good faith and support the government they have
established over us it Avould be better for us on many ac
counts to remain a territory for four or five years longer.
It is a sound maxim in political economy that the ability of a
state to sustain itself respectably depends more upon its
wealth than its numbers. The first settlers of our western
territories are always persons in low or, at best, in mod
erate circumstances — generally poor. In the settlement of
a new country by poor men, who migrate to it because they
are poor, however rapid may be the influx of population,
time is indispensably necessary to the accumulation of
wealth, and wealth is indispensably necessary to sustain an
efficient and respectable government. A hundred thousand
men who have nothing to pay can pay no more than one such
man. The same number of men, possessing in the aggregate

POPULAR PROCEEDINGS AND DEBATE 419
Dut one hundred thousand dollars clear of their liabilities,
cannot justly be called upon to contribute more for the sup
port of the government than one man possessing the same
amount of property. We are, either as an organized terri
tory or [as] a settlement, not yet ten years old. Our farm
ers are struggling hard and depriving themselves of every
luxury and very many of the common comforts of civilized
life that they may get their farms under cultivation and the
necessary buildings erected upon them. Our merchants
and mechanics are practicing the same rigid economy,
induced by similar necessities. Our county and town au
thorities are going to the utmost limit of taxation to build
roads, bridges, and county buildings. Under these circum
stances additional taxation cannot but set heavily upon most
parts of the territory. We believe that our readers will agree
with us that ten years hence 50,000 of our inhabitants (em
bracing an average of the wealth of the country) will be bet
ter able to sustain a state government than 150,000 are or
would be now; and that a territory twenty years old, with
only 50,000 inhabitants, would be regarded as young enough
to enter the Union.
Political as well as pecuniary objections might be raised
against the measure on the ground of our youth. We be
lieve that a territory at ten years old, whatever may be its
population or wealth, is scarcely better qualified to assume
the responsibilities of a sovereign state than is a boy of the
same age to assume the responsibilities of a sovereign man.
We might assign many reasons in support of this position,
and would proceed to do so, did not objections exist against
our remaining much longer in our present condition, which
to us appear to be paramount to every consideration which
can be urged in favor of it upon the last-mentioned ground.
Although we are, as a territory, young in experience, stran
gers among ourselves, possessing but limited resources for
the support of a state government, and moreover possessing
no legal right to state sovereignty but by the permission of
Congress, yet the treatment we are receiving from the

420 WISCONSIN HISTORICAL COLLECTIONS
United States is such as will fully justify us on the score of
legal right as well as of expediency in forming a government
for ourselves. It is true that the boy is under the legal con
trol of his father, who is bound to provide for his wants and
entitled to exact obedience ; yet, when the father turns him
adrift and denies him food and shelter the lad may well re
gard it as a hint that he must look out for himself. This is
precisely the state of affairs between the United States and
our territory. Congress refuses to support their own gov
ernment over us, and, so far as they can by their own enact
ments, they refuse to let us support it for them.
Congress, in the exercise of the absolute and unlimited
powers of sovereignty over the territories as conferred by
the constitution, recognized by such commentators as Kent
and Story, and sanctioned by the highest judicial tribunals,
enact that no session of our legislature shall be held till they
have made an appropriation to defray its expenses. Now
suppose Congress should refuse to make any appropriation
whatever for this object? What would be our condition? If
their authority over us and our legislature is indeed su
preme, as the courts declare that it is, and as Congress in
the case of Michigan repeatedly declared that it was, we
could have no legislation; our territorial legislature, for all
practical purposes, would be annihilated. Their acts, if they
should attempt to legislate, would be of no binding force;
for the prohibition is not merely that they shall not legis
late at the expense of the United States, but is absolute and
unconditional. "No session of the legislature of a Terri
tory shall be held until the appropriation for its expenses
shall have been made." These are the Avords of the act of
the twenty-ninth of August, 1842, and, in the absence of an
appropriation, its effect must be the same as if no legisla
tive department had been provided for by the organic act
and we had been left in the first place to be governed by the
governor and judges alone. Congress has not as yet wholly
refused the yearly appropriations for this object, but the
appropriations have become so much reduced that it amounts

POPULAR PROCEEDINGS AND DEBATE 421
to precisely the same thing. The legislative department of
our government has within the last four years received stab
after stab from the general government through the lying
influence of Whiggery and Tylerism at home, until it has
scarcely the breath of life left. While millions of the pub
lic revenue have been squandered upon Avorthless objects, the
legitimate and necessary expenses of sustaining the terri
torial governments, especially of Wisconsin and Iowa, have
been dealt out with a spirit of grudging parsimoniousness
as if the existence of the Republic depended upon saving a
few thousand dollars.
We have not had the full legislative session of seventy-
five days to which we are entitled by our organic law since
1841-42. Our last year's appropriation was so small that
our legislature, with the utmost diligence, could accomplish
nothing without trenching largely upon the succeeding ap
propriation for the coming session. This, by a most singu
lar freak of Congressional economy, turned out to be about
one-third less than the previous one ; and if the legislature,
with the funds provided for the approaching session, suc
ceed in accomplishing anything which will be of any public
utility, they will be deserving of much credit.
If, then, in the language of the declaration of our national
independence, the legislative power is incapable of annihila
tion, it may well be considered in our case as having re
turned to the people at large for its exercise ; and whatever
difficulties we may meet with, we ought not, we cannot, as
freemen, consent to be governed exclusively by men ap
pointed by a power in the exercise of which we do not par
ticipate and with which we have so little influence.

422 WISCONSIN HISTORICAL COLLECTIONS

WILL CONGRESS MAKE AN ADDITIONAL APPROPRIA
TION FOR THE COMING SESSION OP OUR
TERRITORIAL LEGISLATURE
[December 2, 1845]
This is a question frequently proposed by the citizens of
the territory, and it is expected that our delegate, Mr. Mar
tin, will make a strenuous effort to accomplish this object
early in the session in order that we may be apprised of it
in season for our legislature to continue its session until they
can dispose of some of the most important business that
may come before them; and we cannot but believe that if
the members of our national legislature but properly under
stood our circumstances and wants, they would immediately
grant us that relief which we need.
The expenses of the approaching session were estimated
by the Governor of the territory and [the] Secretary of the
Treasury at something over $22,000. As we believe, from
an entire misapprehension of our peculiar circumstances, the
committee of ways and means reduced the estimate to
$13,700. The appropriation for the last session was
$17,250. With an active session of only fifty days the leg
islature found, on making up their appropriation bill, that
they had exceeded the appropriation made by Congress about
$2,000 and there was no alternative but to authorize the Sec
retary of the territory to pay the deficit out of the next ap
propriation. In addition to this, the printing of the laAArs
and journals of the session was not provided for, which Avill
amount to — say $2,000 more — and must also come out of the
present appropriation, leaving not to exceed $9,700 of avail
able funds to meet the expenses of the session to commence
¦on the fifth of next month. It would be gross injustice to
charge the members with idling away their time or indulg
ing in extravagant expenses. It is not so. We do not be
lieve that there was last Avinter a legislative body in the

POPULAR PROCEEDINGS AND DEBATE 423
whole Union that labored with greater assiduity by day and
by night, or that practiced more rigid economy in regard to
their expenses than did the legislature of Wisconsin; and
yet with all their diligence they left much important busi
ness unfinished. What, then, can they be expected to ac
complish with only $9,000 to meet the expenses of the ses
sion? This does not exceed the amount which was usually
appropriated to defray the expenses of the territorial leg
islature of Michigan which consisted of but one house of
only thirteen members — but one-third of the number which
constitutes the legislative assembly of Wisconsin.
Congress has, indeed, given us a liberal government, but
it is none too liberal for a republican people, and if it is, it
is not our fault. The United States have established over
us such a government as they pleased and from it we cannot
escape without their consent. This government they have
promised to support. If they have established it on a more
liberal scale than they can support it would seem more rea
sonable that they should remodel it and give us a form of
government which they can support efficiently, rather than
deprive us of the benefits of government altogether. The
machinery of our government is somewhat extensive, it is
true, but it must all move together or not move at all. Mem
bers of Congress who have not examined attentively the re
lations subsisting between us and the United States may
suppose that if we want legislation beyond the means pro
vided by Congress we should procure it at our own expense.
But by reference to the acts of Congress it Avill be seen that
we are wholly debarred even from this privilege. The act
of Congress of the twenty-ninth of August, 1842 provides
that no session of the legislature of a territory shall be held
until the appropriation to defray its expenses shall have been
made. Another act provides that the legislature of a terri
tory shall in no case, and under no pretext whatever, exceed
the amount appropriated by Congress to defray its expenses.
These laws are regarded by our legislators as of supreme
authority and they do not intentionally violate them. They

424 WISCONSIN HISTORICAL COLLECTIONS
consider themselves to be absolutely prohibited from tax
ing the people for this object.
Members of Congress are liable to imbibe the impression
that to legislate for a handful of people in a territory need
occupy but a few days in a year, and that a session of twenty
or thirty days is all-sufficient. But they do not understand
our peculiar circumstances. Our population, though small,
is scattered over a larger extent of country than that of any
state in the Union; the country is new and thinly settled;
the extreme settlements are separated by several hundred
miles of comparative wilderness; their wants and interests
are greatly diversified ; they cannot communicate with each
other or with their representatives with that dispatch which
is attained in older states, where means of communication
and mail facilities have been perfected, and consequently our
legislature must work entirely in the dark and Avholly inde
pendent of the popular Avill, or they must take time to as
certain it. In a small state Avhich has settled doAvn upon a
fixed sysem it may be very different; but even under the
most favorable circumstances, as everyone at all acquainted
Avith legislative proceedings must know, it is a rare thing for
a legislative body to accomplish more than barely to mark
out its work during the first twenty days of a session.
In our case a session of twenty or twenty-five days (Avhich
is all the appropriation will admit of) will be of little or no
service to the country. There will be propositions to divide
counties and to establish new ones and to set off neAV toAvns.
The laws relating to justices' courts need a thorough re-
Adsion. They have been amended in a hurry till they have
become perfectly unintelligible. Our school laws are in a
similar condition, and to endure them through a two or three
years' campaign in getting into the Union Avill be intoler
able. Measures Avill also be proposed preparatory to form
ing a state government, but there Avill scarcely be time for
this one measure to receive that consideration which it de
mands. We have been informed that many members of
Congress are under the impression that if the United States

POPULAR PROCEEDINGS AND DEBATE 425
continues to support their government over us we will never
come into the Union. This is an entire mistake, and what
reason they.can have for such an opinion we cannot conceive.
The first settlement of the country otherwise than for the
purposes of Indian trade dates back but ten years. Can it
be expected by intelligent members of Congress, even in this
age of lightning and steam, that a country larger than all
New England can be reclaimed from a savage wilderness
and arrive at the wealth and dignity of a sovereign state in
a shorter period than ten years?
The people of the territory are and have been disposed
to adopt a state government so soon as it could be done with
out imposing upon themselves intolerable burdens and en
dangering the future prosperity of the state; but they have
not been disposed to be hurried into this measure prema
turely and involved in the same difficulties and embarrass
ments which have ruined the prospects of other states,
merely to please the would-be senators, judges, etc., who are
wistfully looking toAvards these posts of honor, and it is not
strange that members of Congress should have been influ
enced by the misrepresentations of such men. The expense
of sustaining a state government, though it would be oner
ous even now, has not, we believe, been the greatest objec
tion in the minds of the people to hasty measures for a state
organization, nor the cause which has prostrated the new
states. The people are strangers to each other. They have
not found out their men. They know not whom to trust
with the important powers of a state government, and those
who think they do know cannot depend upon securing their
services. Such we believe has been, if it is not now, the gen
eral sentiment. A stranger in the territory is about as
likely as anyone else to be elected to the legislature, for half
his neighbors are strangers also. He has come, probably,
from an old and wealthy state where a public debt of four
or five millions is considered as a trifling affair. He thinks
a state is a state anyhow, and in his new sphere he over
looks entirely the great disparity in point of wealth between

426 WISCONSIN HISTORICAL COLLECTIONS
an old state and a new one. A few such men in a legisla
ture, especially if they are men of commanding abilities, will
influence others of more experience and draw them into some
project of internal improvement which the state is illy able
to undertake, and one scheme begets another and that an
other until, without any dishonest intention, perhaps, the new
state is hopelessly involved in bankruptcy. These are the
very causes which have ruined most of the new states.
Now is it wise, politic, or honorable for Congress, by a
course of oppressive treatment, to force the people of Wis
consin into responsibilities the premature assumption of
which has ruined all our neighbors, sooner than their sober,
unprovoked judgment would dictate? The motives between
state sovereignty and territorial dependence are well bal
anced by the constitutional relations which subsist between
the United States and their territories, without adding op
pression to the other inducements to escape from our present
condition. Why, then, should Congress deprive us of legisla
tion ? Why virtually repeal the legislative powers which they
have once guaranteed \to us ? Why deprive us of the right to
make our own laws ? "A right inestimable to us, and formid
able to tyrants only. ' ' Wherein have Ave offended our great
Uncle, that we should be put on short allowance of bread and
water? Have we not grown finely? Have we not paid him
millions for his lands? Has he, as in the case of Florida,
expended thirty millions in defending us from a savage foe,
or rather in supporting an army amongst us to wait on the
princely estate of their commanders ? Not at all. When we
were involved in the same difficulties one of our own citizens
mounted his horse, rallied his fellow citizens, and in a few
weeks put an end to a war which under the guidance of ma
jor generals and the auspices of Congress would have cost
the country more money than it would to support our ter
ritorial government efficiently for one thousand years ! And
yet when this same citizen of Wisconsin, as the representa
tive of the people of the territory, stood up in the last Con
gress and asked for a reasonable appropriation to defray

POPULAR PROCEEDINGS AND DEBATE 427
the expenses of the government which they had established
over the very country which he and his constituents had
bravely defended, his demand Avas regarded as unreasonable
and extravagant and he was voted down without a division !
We can only account for the singular treatment we have
received at the hands of Congress by supposing that, in the
multitude of business, our wants have not been duly consid
ered and that they have lost sight of the relations which
subsist between the United States and their territorial de
pendencies. We cannot believe that the United States will
deliberately and knowingly adopt and pursue the same
course of policy which the Continental Congress charged
upon George the Third, and appealed to Heaven in support
of their right to resist it unto blood. Though we are sub
jected to similar wrongs, yet we cannot resort to similar
means for redress. We can only remonstrate, and then
quietly suffer whatever cannot thus be remedied.

STATE GOVERNMENT— No. 2
[December 9, 1845]
The expediency — indeed the necessity — of Wisconsin's adopting a state
form of government is beginning not only to be seen, but [to be] felt by
the people (the Democratic portion of them at least) of this part of the
territory. The question has assumed a new aspect since the vote was
taken a year or two ago; and were the matter to be submitted to the
people again, we think we hazard nothing in saying that southern Wis
consin would cast an unequivocal majority in favor of state government.
With the Democratic party the sentiment is every day becoming more
generally diffused that the time has arrived when there should be renewed
action on this important question; and we believe the members in both
branches of the legislative assembly from this county fully participate of
that sentiment, and will feel it incumbent on them to endeavor to procure
such legislative action on the subject at the next session as will bring the
question tangibly before the people at the general election in September of
next year. Should the vote then be, as we confidently anticipate that
it will, for state government, the succeeding legislature could authorize

428 WISCONSIN HISTORICAL COLLECTIONS
the calling of a convention of the people to form a constitution in the
summer of 1847; which would enable Wisconsin to obtain admission into
the Union as a state early in 1848 — in good time to vote for a Democratic
president of the United States, who will have to be elected in November
of that year. We ought not to precipitate this question — it is a grave
matter, and should be calmly discussed and deliberately determined on; and
the spring of 1848 is early enough for us to come into the full sisterhood
of the Union. Racine Advocate.
The above is, in our opinion, a very sensible and dispas
sionate view of the subject. The measures suggested may
be regarded by some as over cautious and tardy, but we are
inclined to think they will meet with general approbation.
The formation of a state government is, indeed, as the editor
of the Advocate well remarks, a grave matter and should not
be precipitated. While we are, under all the circumstances,
in favor of taking preparatory steps of some sort, we do
not wish to produce the impression upon the minds of our
readers that there is nothing but sunshine and fields of roses
ahead, that their taxes Avill not be materially increased, or
that there is no danger to be apprehended from our new and
unsettled state as a community should we now assume the
prerogatives and responsibilities of state sovereignty! Nor
would we wish to persuade them out of their own convictions
on the subject.
We would rather say to them, "There are dangers to be
apprehended, difficulties to be overcome, and burdens to be
borne ; ponder the matter well, make up your minds deliber
ately, and be prepared to hold yourselves responsible for the
conclusion at which you may arrive. ' '

POPULAR PROCEEDINGS AND DEBATE 429
ELIGIBILITY OP MINISTERS
[December 9, 1845]
A few weeks ago we copied a paragraph from the South-
port Telegraph disapproving of that provision in the con
stitution of Texas which declares ministers of the gospel in
eligible to seats in the state legislature. As many among us
are in favor of embodying a similar restriction in our consti
tution it would seem to be a proper subject for discussion.
Many whose opinions we highly respect are in favor of in
stituting such a disqualification, while others are strenuously
opposed to it. For our own part, we agree entirely with the
Telegraph so far as it goes ; and we are happy to say that
we agree with those on the opposite side also in respect to
the religious impropriety of a minister neglecting the duties
of his sacred calling and encumbering his mind with the af
fairs of the state. We Avould never wish to see a minister
of the gospel occupying a seat in a legislative body, and noth
ing short of a great scarcity of suitable timber would ever
induce us to vote for one who might be a candidate. But
this is only our individual sentiment, and it is strictly a re
ligious one, and consequently we have no right to force it
upon others, either theoretically or practically. Our neigh
bor may think differently, and so may the clergyman him
self; or, if he should agree with us in the religious impro
priety of his becoming a member of the legislature and vol
untarily avoid it, as most clergymen in the United States do,
still he might justly charge us with an invasion of his rights
as a citizen the moment Ave should attempt to say that he
should not be eligible to that or any other office on account
of his profession.
We are aware that this restriction has been adopted not
only by Texas but by the state of New York and perhaps by
some other states. But we care not who or how many may
have adopted it; we are satisfied that the principle is a

430 WISCONSIN HISTORICAL COLLECTIONS
Avrong and dangerous one and that it has been adopted Avith
out due reflection upon its antirepublican nature and tend
encies and its possible, nay probable, consequences to the
liberties of the country, unless speedily arrested in its prog
ress. The doctrine that clergymen must not enjoy all and singu
lar the rights and immunities of other citizens is at war
with the genius of our government and institutions, and op
posed to every correct principle of civil as well as religious
liberty, and we are amazed that it should ever have found
its way into the constitution of a republican state, especially
under the broad light of the declaration of American inde
pendence and of the federal constitution, and we can only
account for this manifest retrogression from the great prin
ciples laid down in those charts of human liberty by attrib
uting it to a most unreasonable prejudice against the min
isters of religion.
Our government is founded upon the broad principle that
all men are born free, and, in respect to their civil and poli
tical rights, on a perfect equality. Why, then, deprive
clergymen of any one of those rights which we recognize and
respect in other men? Says our federal constitution, "No
religious test shall ever be required as a qualification to any
office of public trust under the United States." Why then
institute such a test in respect to office under a state gov
ernment ? We may be told that it is not a religious test. If
it is not a religious test we beg to know what kind of a test
it is. If it is answered that it is a mere test of occupation,
we would ask with all seriousness whether it would not be
well for the American people to pause and consider before
they engraft any such principle into their republican system?
Is it best to adopt the doctrine that a man's occupation or
calling, whatever it may be, if it is an honest one, shall work
a forfeiture of any of his rights as a citizen? Shall we pro
mulgate the doctrine that men have no natural and inalien
able rights — that our most sacred and heaven-derived rights
are entirely at the discretion of a chance majority, and that

POPULAR PROCEEDINGS AND DEBATE 431
the doctrine of self-government is a humbug — an illusion?
If we can properly exclude a particular class on account of
their occupation, we may, by the same rule, and must, if we
honestly adhere to it, exclude them from the right of suf
frage and make them the mere passive subjects of a gov
ernment in the powers of which they do not at all partici
pate. If the rule will apply to one calling, it will equally to an
other (in a civil point of view) and to another and still an
other, until, peradventure, there is but one class or profes
sion left which is entitled to any voice whatever in the di
rection of public affairs. The adoption of this negative rule
in respect to one class is but the first step in a roundabout
way of setting up the exclusive right of some other class to
rule the nation. We do not say nor believe that this is the
object of those who advocate the principle; but we do say
that this is the legitimate tendency of the principle and pre
cisely where it would end, if faithfully carried out, unless
the last class should be swept away by the same rule and
society become reduced to anarchy.
If the clerical profession should by constitutional provi
sions be excluded from office, why not the legal profession
also ? But what would be thought of us if we should gravely
talk of adopting a clause in our constitution that no lawyer
should be eligible to a seat in our legislature? Yet this
would be just as consistent and, we believe, quite as import
ant to the safety of the state as to exclude clergymen; for
lawyers are notorious monopolists of the honors and emolu
ments of office, and do not always forget to legislate for
themselves; while clergymen, considering their education,
talents, and the influence they exert in society, are quite
modest in their political aspirations. But we would not
subject even lawyers to such a degrading restriction. We
might frequently wish to vote for one, as we frequently have
done, and others might wish to do the same. We would
sooner adopt the good old rule and have the offices accessible
to every class of citizens, and trust to the good sense of the

432 WISCONSIN HISTORICAL COLLECTIONS
people to fill them with faithful and responsible men, with
out respect to classes, occupations, or professions. But if
the work of decapitation is to be commenced we would say by
all means begin with the lawyers and end where you please.
But the question is a grave one and merits a serious con
sideration and we cannot think of disposing of it in one short
article. We shall, therefore, consider the subject further
as we may have opportunity, and in the meantime we would
like to hear from the press or from correspondents whatever
may be said in favor of the restriction.

STATE GOVERNMENT— No. 3
[December 30, 1845]
On the subject of forming a state government, pardon me
for differing with you on these two important points, viz:
First, as to the time when a state government ought to be
formed; and second, as to the power of "the people" to form
a state government without applying to or obtaining an act
from Congress to enable them to form a state government.
I believe I am not mistaken when I affirm it as a fact that the
democracy of Milwaukee are almost to a man in favor of our
admission into the Union at as early a day as practicable,
and that a law ought to be passed by our legislature, this
Avinter, submitting the question to the people and providing
for taking the census of the territory. And I hope you Avill
see the propriety of using your influence with the legisla
ture to carry these measures. As to the second point, you
must be well acquainted with my views from our conversa
tion on the subject while you were last in Milwaukee. These
views I believe democratic, and I have not yet seen any cause
to change them. I am well acquainted with the views of
Senators Ewing of Ohio and Clayton of Delaware, as well
as those of Clay of Kentucky, on this point; but are their
views and votes to be quoted by a Democrat as authority,

POPULAR PROCEEDINGS AND DEBATE 433
in the face of the solemn adjudication of the Senate in the
case of Michigan and in preference to the views of such men
as Benton, Buchanan, Wright, and, in short, every Democrat
in the United States Senate in 1836? I am and have been
quite surprised that you should through your paper promul
gate on this point the opinions of such bitter Whigs and
party men as Clayton and Ewing as authority for Demo
crats, and omit entirely the opposite opinions on the same
point of Benton, Buchanan, Wright, Morris, Niles, certainly
not the least distinguished Democrats in the United States
Senate in 1836. These two classes of men thought and voted
differently as to the power of Michigan to form a state gov
ernment without a preliminary act from Congress. And so
long as I am a member of the Democratic party I certainly
shall follow and adhere to the dictates of Benton, Wright,
etc., in preference to the dictates of Ewing, Clayton, etc. So,
I am satisfied, you will. I will therefore now, in affirmation
of what I have written on this point, make a few brief quota
tions from the speeches of some of the Democrats in the Sen
ate in 1836 on the admission of Michigan.

TERRITORIAL RIGHTS
[December 30, 1845]
We publish today an article upon this subject from a re
spected and intelligent correspondent. It affords us pleasure
to give an opportunity to those who differ somewhat from us
upon matters connected with state government to express
their sentiments through our columns. Probably there is
not so much difference between us and our correspondent as
he supposes.
We have no disposition to discourage immediate action in
regard to state government, nor do we like to press the sub
ject beyond the spontaneous wishes of the people.
28

434 WISCONSIN HISTORICAL COLLECTIONS
The right of the people to hold a convention, form and
adopt a constitution, and submit it to Congress for approval,
considered simply as a proposition and going no further, we
have never doubted. But that the constitution can be of any
binding force, or that the state government can be legally
organized and put in operation without a previous act of
Congress, we do deny. We presume it will not be questioned
that an act of Congress is necessary to admit a state into the
Union. A state cannot admit itself into the Union. The
constitution says that "new states may be admitted by the
Congress into the Union," but if does not say they shall be
admitted. If a state cannot get into the Union Avithout an
act of Congress, then one of two things will be necessary to
establish the absolute legal right of a territory to state sov-
ereignty — either Congress can be compelled to pass the act,
or a territory can become an independent sovereignty out of
the Union. Are there any means whereby Congress can be
compelled to pass an act of any kind?
If so, we would like to know where the authority is to be
found and in whom it is vested. Can a territory become a
state out of the Union? If a territory can form a state
government and put it in operation for one purpose, before
entering the Union, it can for every purpose — if it can for
one day, it can for a thousand years — if it can at all, it can
dismember the Union, and if one territory can dismember
the Union, so can another, and so can a state, and our boasted
Union, so far as the authority of the federal government is
concerned, is all afloat. We are a friend to popular freedom,
but we do not think it is to be secured and perpetuated by
promulgating the doctrine that any state or territory may
set up for herself whenever Congress refuses to legislate
to suit her.
As to the application of the numerical condition contained
in the ordinance to the two additional states which Congress
might or might not form, according to their discretion, we
must differ from our correspondent and from all his author
ities.

POPULAR PROCEEDINGS AND DEBATE 435
If we can understand a plain sentence of English the con
dition has no application to us and had none to Michigan,
and the contrary opinions of Messrs. Buchanan, Benton,
and Wright must have been expressed in the heat of debate
(as in fact we know they were, for we were present and heard
the debate) and probably without a very careful examina
tion of the question. The contrary and unanimous opinions
of four different judiciary committees of Congress, com
posed of both Whigs and Democrats, matured by a careful
investigation of the question and presented in the form of
reports, are, in our opinion, entitled to more weight, although
some of them were Whigs, than mere off-hand opinions ex
pressed in debate by men however wise and learned.
We think it unneccessary to talk about Whig or Demo
cratic authority upon this question when the same opinions
on both sides were held in common by members of both part
ies. Mr. Thomas, chairman of the judiciary committee of
the House, was a Democrat, and Mr. Clayton of the judiciary
committee of the Senate was a Whig, and their reports co
incide exactly. But we would not take either of them as
authority without some good reason. It cannot be denied
that the Ordinance of '87 places the whole question of form
ing the Northwest Territory into more than three states
entirely at the discretion of Congress; but if the numerical
condition of admission was intended to apply to the two
states which Congress might form in addition to the three
which Congress did form by the ordinance, then Congress
had no discretion about it ; the discretionary power to form
the two additional states or not, as Congress should "here
after find it expedient, ' ' was both given and taken away by
the same article of the ordinance. It tells Congress that
they shall have authority to form one or two more states
in the Northwest Territory "if they shall hereafter find it
expedient," but that they shall admit them into the Union
whether they find it expedient to form them or not! We
entertain a high respect for the opinions of such men as
Messrs. Buchanan, Benton, and Wright, but we cannot con-

436 WISCONSIN HISTORICAL COLLECTIONS
sent, for the saving of their carelessly expressed opmions, to
convict the Continental Congress of enacting such a palpable
absurdity. Besides, these same senators who expressed this opinion
sustained the bill to admit Michigan, and by which the right
of Congress to extend the state of Ohio north at pleasure
was both recognized and exercised. The great bone of con
tention was whether Congress had a right to extend the
northern boundary of Ohio north of an east and west line
drawn through the southerly bend of Lake Michigan. This
involved the whole question of Michigan's title to state sov
ereignty; for if Congress could extend the boundary of Ohio
north of this line at all, it could extend it over the whole of
Michigan to the Canada line, and it was so admitted on all
hands. Congress did extend Ohio north of this line, and
thus, in the most authoritative manner, denied the right of
Michigan to a single foot of territory, independent of the
will of Congress; and Messrs. Buchanan, Wright, and Ben
ton voted for the bill. We need only add that the right of
Michigan to state sovereignty could have been no better than
her right to territory, and that a state without territory
would be decidedly worse off than a king without subjects.

STATE GOVERNMENT— No. 4
[February 17, 1846]
Through the politeness of our delegate, Mr. Martin, we
have been favored with a copy of a bill introduced by him
on the thirteenth ult. Its provisions being matters of im
mediate interest to the people, we publish it this week with
the law of the territory on the same subject.
Section one grants authority to the inhabitants of the ter
ritory to form a constitution and state government and guar
antees the admission of the state into the Union when
formed. To obtain the previous consent of Congress to the

POPULAR PROCEEDINGS AND DEBATE 437
formation of a state government we have always contended
was the most wise and politic course. Indeed, although we
may form a constitution and submit it to Congress as a mere
proposition, yet we cannot form a government in any abso
lute or effective sense without such permission. Suppose,
for example, we proceed without such permission to form
not only a constitution but a government — elect a state leg
islature, a state governor, and United States senators — and
some question of boundary or constitutional principle should
supervene and prevent, for a time, our admission into the
Union. We should in that case find ourselves under two
distinct governments, the state and territorial, and each
maintaining a hostile attitude toAvards the other, and utter
confusion and anarchy would be the possible if not the prob
able result.
We should be sorry, moreover, to see our first senators,
like those of Michigan, placed in the awkward position of
claiming seats as United States senators from a nonunited
state. Whether we proceed under the act of the territory or
this proposed act of Congress, or both, we hope to see noth
ing more done previous to our actual admission into the
Union than the bare adoption of a constitution. It is not
essential to the maintenance of our dignity that we should
make ourselves ridiculous and pretend to be ignorant of the
first principles of the government under which we live, and
we are happy to observe that the action of our legislature
thus far has not exceeded the bounds of propriety.
Section two defines our boundaries, embracing the Avhole
of the territory. This is an important question, which, if
there can be any doubt about it, ought to be definitely settled
by Congress previous to the formation of the constitution —
otherAvise we must run the risk of a nonconcurrence on the
part of Congress in the boundaries we might claim, and the
delay and expense of a second convention to reconsider the
question of boundary. The case of Iowa, though somewhat
different, will serve as an example upon this point. Should
Congress amend the bill so as to divide the territory, we

438 WISCONSIN HISTORICAL COLLECTIONS
do not think that either laAV, equity, or good faith would be
compromised to any serious extent, especially if it should
meet the views of the people of the territory, as we are in
clined to believe that it would. A division of the territory —
say by the ChippeAva River — would make two states of ample
size. A state 1,000 miles in length cannot subsist harmoni
ously for any great length of time, and should it all be formed
into one state in the first instance Ave may confidently ex
pect a division of the state at no distant period.
It is true that when Wisconsin becomes a state the num
ber of states provided for by the Ordinance of 1787 Avill be
complete ; but it is the opinion of many intelligent men that
the provisions of the ordinance are merged in the constitu
tion of the United States, Avhich gives to Congress absolute
sovereignty and unlimited control over the territories. How
ever this may be, it is evident that these arbitrary enact
ments concerning a country, the geography of which was,
at the time, scarcely better understood than that of the planet
Jupiter, must ultimately yield to the convenience of the mul
titudes of freemen who are to inhabit it.
We hope this bill will pass, not only because the expenses
of the convention are provided for, as in justice they should
be, but that Ave may come into the Union in a regular and
orderly manner and Avith the least difficulty and delay. The
negligence of Congress in making these necessary prelimi
nary provisions for the formation of new states has driven
the territories into the adoption of measures unwarranted
by the Constitution and the relations they sustain to the
United States, and Congress in its turn has been compelled
to leap over these enormous irregularities as an apology for
its own negligence. We are not of the number who regard
the modus operandi of forming new states as a matter of in
difference. We have yet immense territories in reserve —
the Republic is as yet scarcely more than half formed, and
the relations subsisting between the United States and their
territories, the rights and obligations of the parties, and the
proper mode of transition from a territorial to a state or-

POPULAR PROCEEDINGS AND DEBATE 439
ganization ought to be clearly defined, understood, and prac
ticed upon in a manner consistent Avith the national sover
eignty and the provisions of the constitution — otherAvise, we
know not what oppressions may betide the future territor
ies, or what difficulties we may encounter in governing them.
We hope, therefore, regardless of the crazy examples that
have been set us, Wisconsin will sail into the Union and cast
anchor gallantly, and scientifically, and not be boosted in
stern foremost and on her beam's end, by the waves of pop
ular excitement.

TO PERSONS OF FOREIGN BIRTH
[February 24, 1846]
It should be borne in mind by every friend of free suffrage,
and especially by our friends of foreign birth who are di
rectly and personally interested, that every foreigner who
shall have been in the territory six months previous to the
day of election, in April next, and shall have filed his dec
laration to become a citizen of the United States will be en
titled to vote for or against state government, and that the
same qualification entitles him to vote in Sepember for dele
gates to form a constitution. All such persons who are
now in the territory, will, if they remain here, have acquired
the necessary residence to entitle them to vote in Septem
ber, and should not fail to file their declarations before that
time. If they have been long enough in the territory to en
title them to vote in April and have not yet filed their dec
laration, they should do so before the April election.
We have always regarded this requirement as superfluous,
as, in our humble judgment, it requires men to declare their
intentions of becoming what they must and will become
whether they intend it or not. But in the passage of the
law the best of Democrats considered it necessary to indulge
to some extent the prejudices of their opponents in order to

440 WISCONSIN HISTORICAL COLLECTIONS
secure substantially the right. The qualification is easily
obtained, and it being required by the best authority which
the nature of the case admits of, its attainment is indispen
sable. Careful attention to this matter is of the highest import
ance, not only as respects the simple privilege of voting for
delegates to form a constitution, but this privilege affords
a lever of power by which this inestimable right to choose
their own rulers and share in the blessings of self-govern
ment may be secured to them and those who may follow them
to this "land of the free," for all time to come. Upon the
election of a strongly Democratic convention will depend
the liberal extension of the right of suffrage under the state
constitution. The Democratic party has always taken the
lead in contending for this right. It is, indeed, the funda
mental principle of democracy that every man has a natural
right to participate in the powers of the government.
But it is not upon mere party grounds that we urge this
class of persons to prepare themselves to exercise this im
portant right. We are in favor of the utmost freedom upon
this point, and wish to see it secured by our constitution be
cause it is right both in theory and [in] practice ; for if we
predicate the right of any man to participate in the political
power upon anything but the fact that he is a man, there is
no rational limit to restriction until it terminates in absolute
monarchy. It is very probable that a majority of our adopted
countrymen will attach themselves to the Democratic party ;
but we cannot prevent that, and to be frank about it we do
not wish to. It is very natural that those who have come
to this country for liberty's sake should attach themselves
to that party which is most ready to welcome them to all the
rights and privileges of freemen.
It is, moreover, a fact quite perceptible to foreigners1 that
the policy of the Whig party is, in many important respects,
identical Avith that which they have seen in the land of their

POPULAR PROCEEDINGS AND DEBATE 441
nativity, carried out to its ultimate results — the prostration
and ruin of the mass of the people. They are, therefore,
the natural allies of the Democratic party in its opposition
to every species of monopoly.

BIENNIAL SESSIONS
[April 28, 1846]
A late number of the Iowa Capital Reporter contains an
able article from a correspondent, showing the impolicy and
bad economy of biennial sessions of the state legislature. It
seems that the rejected constitution of Iowa contained this
objectionable provision, and whether that was one of the
grounds of the rejection or not there appears now to be a
strong disposition to discard the principle and provide for
annual sessions in the new constitution about to be formed
in that territory.
We have always believed this to be a penny-wise and
pound-foolish policy, and have intended to take up and in
vestigate this principle in the course of our articles upon
the constitution to be formed for Wisconsin. Although not
prepared at present to bestow that attention to it which we
had intended, we cannot refrain from alluding to it at this
time and presenting the views of the writer alluded to. He
has glanced at some of the most substantial reasons which
should operate against biennial and in favor of annual ses
sions. It will not be denied that there has been a strong disposi
tion manifested and a growing tendency in our country since
the adoption of our federal constitution, under one specious
pretext or another, to transfer the political power from the
many, and to consolidate it in the hands of the few. The
new doctrine of biennial sessions, under the plausible garb
of economy and a check upon excessive legislation, if not
directly intended to aid in this transfer of power is preemi-

442 WISCONSIN HISTORICAL COLLECTIONS
nently favorable to such a result. It is, to say the very least, -
an encroachment upon the most popular — perhaps it should
be termed by Avay of preeminence — the popular branch of
our republican form of government. With the executive
and judicial powers constantly armed and in the field of ac
tion, is not two years entirely too long a period for a free
people to withdraw their immediate agency from their own
government? We are fully persuaded that it is.
As respects the economy of the measure, the history of
Illinois speaks volumes. Our mouth is full of arguments
and we could write columns upon this topic ; but we must for
bear for the present and be content with presenting some
of the views of the Reporter's correspondent, which we here
subjoin:
One of the features to which I have alluded, as being radically wrong,
is that fixing the intervals for the assembling of the state legislature,
wherein I am convinced that the convention committed a great error.
This provision more immediately affects the citizens of the entire state
than any other, and involves considerations of the weightiest import.
From some cause or another — perhaps owing to impressions left upon [the]
community by the sessions of our territorial legislature — all parties seem
to have regarded the frequent recurrence of legislative sessions as the
greatest evil with which the people could be cursed; whereas it is, in fact,
the main bulwark of their liberties. This view of the subject is so ap
parent to my mind that I cannot but regard with surprise the fact that
it was overlooked by the Democratic portion of the former convention.
The legislature is the immediate representative of the people, and is
presumed to speak, more emphatically than any other branch of the gov
ernment, their wishes and feelings. It is, as Blackstone would express
it, "the supreme authority of the state," to which all other departments or
coordinate branches are amenable, and is especially charged with keep
ing them within proper bounds, and, therefore, cannot but exert a health
ful influence over all the various channels through which the government
is administered. Is it not greatly to be feared that these channels would
become polluted, in consequence of the absence of this essential influence,
and the torpidity, for so long a period as two years, of this supreme power,
emanating directly from the people? It is obvious that the danger
would' be imminent. Indeed, it is rather a novel spectacle in free gov-

POPULAR PROCEEDINGS AND DEBATE 443
ernments to see the people jealous of a too frequent assembling of their
immediate representatives, to watch over and guard their interests and to
resist and repel the encroachments of the other departments of the gov
ernment, over which, in fact, they have no immediate control, but through
the legislature.
For one, I cannot but believe that, in this particular, the members of
the former convention mistook the wishes of the people; for it is a libel
upon their intelligence and patriotism to suppose that while they have
abundantly manfested their willingness to supply the means, by a tax, for
the support of a plain, simple, and economical government, yet they are
entirely unwilling to extend that tax so far as to defray the expense of
sending an agent from the several legislative districts to the seat of gov
ernment, in the shape of a representative to the legislature, to investigate
and report upon the manner in which the laws are administered, to point
out abuses, provide remedies, and to enact new laws or amend old ones,
so as to make them at all times subservient to the wants and interests
of community. Were it not for intruding too much upon your room and
the patience of your readers, I would proceed to show how ridiculous this
policy is in point of economy, and that instead of economy it can only be
characterized as the most ruinous parsimony. I will merely add that,
supposing the legislature to sit fifty days in each year, to which period
their two dollars per diem pay was limited, the expense over that of bien
nial sessions would be but about $4,000 per annum, or about two cents
on each eighty acre lot or hundred dollars of the probable amount of
taxable property at the time of our becoming a state.
I have yet to learn, sir, that true constitutional reform or progression in
political economy extends to lengthening the intervals of the legislative
sessions beyond the period of one year, to circumscribing the action and
comparatively paralyzing this most essential arm of the government.
Neither Missouri, Louisiana, Texas, nor Florida have adopted this policy
in their new constitutions; and in Illinois, where their sessions are now
biennial, I have no doubt they will repudiate it when her constitution is
revised (which is to be done before long) ; for I am informed that, not
withstanding their constitutional provision on the subject, they generally
hold either a called or adjourned session in each interim between the
regular ones. I have also to learn of the explosion of that time-honored
democratic principle by which delegated power is required to revert, at
short intervals, to the hands of the people — for the policy under con
sideration doubles the term of office of their representatives. I am a pro-
oressive Democrat, but do not believe in retrograde progression.

444 WISCONSIN HISTORICAL COLLECTIONS
I think, sir, it is the duty of the territorial press to take this sub
ject in hand, and express their views freely upon it; and if any of them
unfortunately (for myself, or for them, or for the community) should
dissent from the views above expressed, they have my glove.
Vox Populi.
INDIVIDUAL BANKING
[May 5, 1846]
The Racine Advocate (which, by the way, is ably con
ducted by its new proprietors) at the close of a well-written
article in opposition to the present banking system makes
an exception in favor of individual banking, which we were
sorry to see. The paragraph reads thus :
The people have no longer any confidence in banks, and legislators know
it. They still continue in most states to prescribe remedies for evils,
while they see that not in any one case can they ever effect a cure. That
they must all go down in the end we firmly believe, and if banking ever suc
ceeds it must be individual banking, where the confidence placed is as much
in the honesty of the individual banker as in his capital. We have seen
all other modes prove failures, and while we would not encourage even
this, we would not prohibit it.
With due deference to our esteemed cotemporary we must
say that we would prohibit, absolutely, individual banking,
and for precisely the same reasons that we would prohibit
corporate banking. There is no more safety to the bill
holder under this system than any other, or, at any rate,
than under a corporate system with individual responsibil
ity. We would as soon be shaved by a corporation as by an
individual — on a bank note as on a shinplaster; we can see
no difference.
The failure of the banker is but one in a thousand of the
evils incident to' the banking system in any form. Paper
money, while it is almost utterly useless, is infinitely mis
chievous, even supposing there could be no such thing as a
bank failure. Political economy and the experience of man-

POPULAR PROCEEDINGS AND DEBATE 445
kind have abundantly demonstrated that gold and silver con
stitute the best possible material for money, and why should
we weary our brains and be fooled out of our substance in
a fruitless search after something better? We cannot en
large upon this topic in this place without breaking in upon
the arrangement of topics which we have made upon the gen
eral subject, and which we intend to consider at large in their
proper order as fast as the weeks roll round.
We hope our friends of the Advocate will not consider us
over ultra. We are happy to observe that they are not dis
posed to encourage even this mode of banking, which leads
us to hope that we shall agree, substantially, upon this im
portant question.

MODE OF SELECTING JUDGES— No. 1
[June 14, 1846]
Having shown, as we think, that whatever mode is adopted,
so far as the choice of men is concerned, the selections must
be made, not by the people in their primary capacity, but
by agents chosen by them either directly or indirectly, the
only question seems to be as to what system of agency is
calculated to secure the best selections.
The system of agency under the elective mode of filling
offices of any kind is loose and irresponsible. In the selec
tion of anything higher than a corporation, or, at the highest,
a town officer, we must resort to the principle of representa
tion. The rate of representation must be fixed by an irre
sponsible committee, constituted oftentimes by anything but
a fair expression of the popular will, regulated by no law,
and usually based upon no reliable data. The rate of repre
sentation for the different counties being thus fixed by a
central or state committee, the representation for towns is
fixed by county committees, constituted and acting in a simi
lar manner.

446 WISCONSIN HISTORICAL COLLECTIONS
The rate of representation being thus fixed, not by the
people, but by agents chosen in the loosest manner imagin
able, the people, at the convenience of those agents, are called
upon to act in the selection, not of officers, but [of] agents to
choose other agents to act for them. And how are these pri
mary meetings conducted ? We need not apprise the reader
that the business is often, if not usually, done up in the most
summary manner, and in accordance with the preconcerted
plan of a few managers. As an illustration we will here re
late an anecdote which was never before put upon paper:
In the early history of the territory we attended a mass
meeting for the nomination of officers. The meeting being
organized, a nominating committee was moved and ap
pointed, and being about to retire, the chairman of the com
mittee rose, and with all the gravity of a pick-axe suggested
to the chair that the committee should be furnished Avith
"that list of candidates. ' ' We had been appointed one of the
committee, and notwithstanding this curious incident con
cluded to serve just for mischief, and found, sure enough,
that the candidates had all been selected ready to our hands,
and, although we went against the whole "list," yet so thor
oughly had the committee been packed that the most of the
candidates, in their proper order, were reported back to the
meeting. This is the way in which agents to select the higher officers,
or to select other agents to do it for them, are chosen. A
few individuals in a town may, by concert of action, assem
ble at an early hour and secure their chairman, and by snap
nominations secure their delegates, and the people really
have but very little to do about it. Balloting is not usually
resorted to, and when it is it is not kept open to all who may
come during the day, but is confined to those who are pres
ent at the moment.
The inferior convention being thus constituted, they as
semble and act with more fairness and deliberation, but still
liable to similar abuses, in the selection of local officers or of
delegates to a higher convention. A state convention being

POPULAR PROCEEDINGS AND DEBATE 447
thus constituted, it assembles, we will suppose, to select a
judge. Their proceedings will be characterized, no doubt,
by greater regularity and order than those of the lower con
vention, but what opportunity have they to act deliberately
or under standingly? The courts are the final safeguards of
our property, our liberties, and our lives. A judge should
not only possess a strong mind and legal ability, but sterl
ing integrity and immovable firmness, and be able to control
his passions and prejudices. These qualifications are rarely
found combined in the same individual. The members of the
convention come together from every part of the state, and
not one in five of them know anything of the fitness or un
fitness of any one candidate for nomination. They have
no time to consult, inquire [into] or investigate objections
which may be made. They have left their business, are on
expense, and must do up their work today and go home to
morrow. The nomination once made, it is next to impossible
to change it, and so far as the selection of a man and the"
party selecting him are concerned the choice might as well
be perfected at this stage of the proceedings as any other.
This system of agency for the selection of officers, defec
tive as we all must admit it to be, is still the only practicable
system with respect to the legislative and executive depart
ments, because there is no previously constituted agency of
the people to select them, and the authority, by whatever
system of agency it is exerted, must emanate from the peo
ple. The selections for the legislative and executive depart
ments having been thus made, they are as really the agents
of the people, and nothing more, as were the agents who se
lected them. They have power to enact laws which bear
upon the interests of all classes in the community; yet no
one deems it necessary, as a general rule, to submit these
laws to a popular vote, or that the power which enacts them
is an independent and irresponsible power, or that these laws
are anything else than the will and power of the people ex
pressed and exerted through their agents.

448 WISCONSIN HISTORICAL COLLECTIONS
What objection, then, can there be to entrusting these
same agents Avith the selection of judges? The selection
must be made by agents at any rate, and these agents are
certainly chosen Avith as much care, deliberation, and fair
ness as any agents can be. They are originally selected,
it is true, by the same imperfect system of agency that
judges would be under the elective mode, but they must pass
the ordeal of a popular vote before they can act ; and if the
popular vote has as much to do with the selection of men as
the sticklers of an elective judiciary seem to imagine, legisla
tive agency must be vastly preferable on this ground alone to
an irresponsible convention, and if judges are to be elected,
the legislature should by all means be constituted the
nominating agency. We contend that the popular vote has
little or nothing to do with the choice of men, but to those
who maintain that it has we might return one of their own
questions — are not the people qualified to select their own
agents ?
But the chief ground of preference for legislative agency
in the selection of judges is that they are held to a more
strict accountability and have better opportunities to act de
liberately and cautiously. All the important doings of a
legislature are matters of public record, and these records
can be referred to at any time as conclusive evidence of the
doings of any individual member. We could name instan
ces in our territorial history in which members have re
corded their votes in favor of executive nominations to their
sore regret and everlasting discredit, when, had they done
the same thing in a convention, nobody would have known
who they Avere. These instances are indeed rare, and rare
because of the impossibility of escaping the responsibility.
The journals of the Council Avill show a multitude of bad
nominations made by a really irresponsible executive and re
jected by a responsible council, and which would never have
been made had the executive been equally responsible to the
people.

POPULAR PROCEEDINGS AND DEBATE 449
If the two houses of the legislature are constituted this
agency they have not one day merely, but the period of a
whole legislative session during which they can consult with
each other and with their constituents if necessary, and can
vass the merits of different candidates and bestow upon the
selection all the care and deliberation which its importance
and the difficulty of making good selections demand. In this
respect executive nominations, with the final action of one
or both houses of the legislature, are preferable to mere
legislative elections. By the latter mode nothing can be
definitely known publicly as to who is likely to be chosen
until the choice is made. If the executive be required to
nominate, he has time and opportunity to counsel with the
representatives of the people in making a selection, and when
the nomination is announced, final action upon it may be
suspended for any reasonable period and in the meantime
public scrutiny is directed to the individual, and if the hum
blest citizen in the state knows aught against his integrity
he can make it known and secure an impartial investigation
of the facts, and if the nominee be found unworthy, he can
still be rejected, and a dozen nominees may thus be succes
sively rejected if necessary.
Is not such an agency for so important a purpose prefer
able to one more loosely constituted and which must neces
sarily act with greater precipitation? The question is not
whether the people have the right or the capacity to select
their own rulers, and to pretend that any such question is
involved is a mistake bordering upon disingenuousness. In
either case the selections are made by the authority of the
people, but in neither case are they made by the people di
rectly. The people have the unquestionable right to select
their own rulers in all the departments of government, but
inasmuch as they cannot do it directly they have another
right which is entitled to respect, and that is to establish
such a system of agency in a given case as in their judg
ment is best calculated to secure the desired result.
29

450 WISCONSIN HISTORICAL COLLECTIONS
MODE OF SELECTING JUDGES— No. 2
[June 16, 1846]
As it is the practice in forming state constitutions not
only to establish a judicial system and create judicial offices
but to prescribe the mode by which those offices shall be filled
the question as to what mode should be adopted by the peo
ple of Wisconsin has been raised and agitated to some ex
tent. This is a question which has as little to do with party
measures, perhaps, as any one which could well be imagined.
It is not the province of courts, as it is of legislatures, to
originate public measures or decide upon a course of public
policy which affects the interests and prosperity of the state,
but simply to administer justice between man and man in
accordance with existing law and existing facts.
As we have before intimated, we do not regard the particu
lar mode of selecting judicial officers to be of so much con
sequence as some are disposed to attach to it. Still, as it is
one of some importance and considered by many as of great
importance, it may be expected that we should also show our
opinion; and in doing so we shall endeavor by a course of
impartial inquiry to arrive at just conclusions rather than
to establish an assumption.
Three modes of accomplishing this object present them
selves: First, appointment by the executive, with the ad
vice and consent of the senate; second, by joint ballot, or
the concurrent vote of the two houses of the legislature;
third, by nominations through extra legal conventions, and
a popular vote.
It may be well in the first place to inquire what has been
the prevailing sentiment of the people of older states in re
gard to these several modes.
First, appointment by the executive under the supervision
and control of the senate is the mode which was adopted by

POPULAR PROCEEDINGS AND DEBATE 451
the framers of the federal constitution and sanctioned by the
almost unanimous voice of the nation. The character of the
statesmen and people of those times and the circumstances
in which they were placed were such as to justify the conclu
sion that they did not, in prescribing this mode of filling
judicial offices, depart from the mode which they provided
for the other departments of government Avithout some rea
son which was satisfactory to very able statesmen and in
telligent and honest minds, who could appreciate the evils of
despotism and the advantages of a free government, equally
Avith ourselves, to say the least.
Second. How is it with the twenty-eight republican gov
ernments which exist under the confederacy? So far as
our information extends (and we are definitely informed in
regard to all but three or four) not one of them has resorted
to popular elections for the choice of their principal judicial
officers. In New Hampshire, New York, New Jersey, Alabama,
Louisiana, Michigan, Indiana, Missouri, and we believe also
in Massachusetts, Pennsylvania, Virginia, and Georgia the
judges are appointed by the executive and senate. In Ver
mont, Rhode Island, Connecticut, North Carolina, Arkansas,
Tennessee, Ohio, and Illinois the judges are elected by the
two houses of the legislature. In Georgia the judges of the
inferior court and in Missouri the judges of the county court
are elected by the people.
We think it will not be denied that the uniform judgment
of the states of the Union, as expressed in favor of appoint
ments or legislative elections in preference to popular elec
tions, raises a strong presumption that there must be some
good reason for it, or the preference would not be so uni
form and decided. We think it should at least inspire poli
ticians of moderate caliber with a degree of modesty in ad
vocating the adoption of a different mode. Some other
mode may be better than any heretofore devised, but to say
that no good Democrat can doubt th<2 superiority of another

452 WISCONSIN HISTORICAL COLLECTIONS
mode which all parties throughout the Union have uniformly
rejected is preposterous enough.
It is true that the fact that a particular mode of doing a
thing has always been pursued is not conclusive evidence
that it is the best mode, and it is equally true that the fact
that another mode is new is not conclusive evidence that it
is a better one, unless the old one is absolutely intolerable.
Have any evils groAvn out of the old method which would be
likely to be remedied by the proposed change 1 If so, what
are they? We have seen none alleged. The Supreme Court
of the United States is not inferior to any tribunal in the
world. It has stood uncorrupted and incorruptible for nearly
sixty years. Its decisions command the respect of the civ
ilized world. Has it not been, in point of ability and integ
rity, all that it could have been, and much more than it might
have been, under a different mode of selection?
But, says the objector, the mode of their appointment is
old and unsuited to the progressive spirit of the times. Well,
suppose it is a little old, if it has operated well, if much good
and no evil has resulted from it, its age is the best testimonial
in its favor. If a system has Avorked well for sixty years
and showed no signs of defect we contend that wise men
should be at liberty to doubt the propriety of changing it.
The same in substance may be said of state courts. They
are generally conducted with ability and their integrity is
above suspicion. Can as much be said of the executive and
legislative departments, either of the general or state gov
ernments? Are not the instances of favoritism and corrup
tion a hundred to one in the executive and legislative depart
ments that they are in the judicial departments of the several
states? Everyone who has paid any attention to public af
fairs must know that the judicial department, in point of
ability and integrity, stands decidedly above either of the
other departments, throughout the Union. Ability and in
tegrity are the all-important considerations in selecting offi
cers of any kind, and that mode of selecting them which is

POPULAR PROCEEDINGS AND DEBATE 453
most successful in securing men possessing these qualifica
tions is assuredly the best mode. We do not say that this
difference between the judicial and other departments of our
state governments is owing exclusively to the different meth
ods by which the offices are filled. But it is a fact that this
difference coexists Avith the different modes of selection, and
furnishes, as we think, presumptive evidence that we cannot
better ourselves by departing, in the selection of our judges,
from the usual method pursued by other states.

FREE BANKING
[June 23, 1846]
The Racine Advocate rejoins to our objections against
free banking,17 in a very sensible article, from which it is
manifest that Ave agree in the undesirableness of free bank
ing in an unrestricted sense; and the Southport Telegraph
holds Avith the Racine Advocate that restrictions should not
be imposed upon this method of banking, first, because they
are of opinion that if corporate banking were abolished, in
dividual notes, in whatever form issued, would not enter
into circulation as money to any serious extent; and sec
ondly, if they should, to prohibit their circulation would be
an unjustifiable interference with private rights and per
sonal freedom.
In our remarks upon this subject a few weeks since we
had no reference to the issue of ordinary notes of hand or
bills of exchange, founded upon business transactions.
These cannot be prohibited, and should not if they could.
And we agree with the Advocate that it is immaterial what
form these paper values assume, provided the form, texture,
denomination and design be not such as to fit them for and
promote their circulation as money ; and it appears to us that
these different kinds of paper issues are quite susceptible

" For this article see ante, 444.

454 WISCONSIN HISTORICAL COLLECTIONS
of a legal distinction, and it is only to this species of private
banking that we object.
If free banking Avould not furnish currency, then restric
tion is of course unnecessary. But here is the rub. In al
luding to the banking system of the United States and its
effects upon the interests of the people, the Advocate re
marks :
They were obliged, not by law, but by the effect of law, to receive
bank notes as coin; and although they had little confidence in them, still
the very legislation that made them a currency made them hard to be come
at by the very poor it was pretended they were to assist.
We think that people are reduced to a sort of necessity
for taking bank notes, not by the effect of legislative acts,
except in a very remote and indirect sense. All that legisla
tion can do or the most it can do in the premises is to per
mit the issue of bank paper, Avhile the natural laws which
regulate trade and currency force it into circulation and
keep it there. It operates something in this wise :
A. goes to a bank and loans [borrows] a thousand dollars to
buy Avheat with. The bank does not loan him its OAvn notes,
but the notes of another bank located five hundred or one
thousand miles distant, with which it exchanges notes to put
in circulation. B., the farmer, takes a load of wheat to mar
ket. A. offers to take the wheat and pay in these notes. B.
says he wants the specie for his wheat. A. tells him he has
not got it, and that the bank is too far off to procure it on the
notes, and every wheat dealer in the place tells him the same
story. B. Avants money and must sell his wheat and get it.
He is assured that the notes are perfectly good and that any
body will take them. With these influences pressing upon
him he will, rather than not have any money, sell his wheat
for such money as he can get, if there is a reasonable pros
pect that he can pass it to the next man before the bank
breaks. The farmer owes a bill to the blacksmith, the shoe
maker, and the laborer. They want the specie, but the
farmer cannot pay it, and the same necessity will compel

POPULAR PROCEEDINGS AND DEBATE 455
them to receive the notes from the farmer which compelled
him to receive them from the wheat merchant. By the same
influences their circulation is kept up — not by law, or the
effect of law — but by those natural principles and influences
which render money that which every man wants and must
have, and which compel him to receive such as he can get,
when, by the very existence of an inferior kind, he cannot get
such as he wants. This necessity is not, indeed, absolute.
A whole community, by acting in concert, may, by an obsti
nate refusal of paper money, soon drive it from their circu
lation and have its place supplied Avith specie ; but it is vain
for an individual to undertake it single-handed, even in his
OAvn individual case ; for the buyers of the surplus products
of the country can better afford to lose two or three custom
ers than to pay better money; but they cannot afford to
lose them all. The following remark of the Advocate is a
good illustration of the practical operation of the principles
above alluded to:
At the present time there is a mixed currency here; and people touch
the paper part of it as if it was remarkably hot. Your most inveterate
bankite will pocket the silver and hand over the note to pay his bill.
Here is the whole secret in a nutshell — people receive the
paper not because they prefer it, but because that eagerness
for money which gives it all its power and efficiency as a
medium of exchange renders it hard to refuse anything
which will answer the purpose, even temporarily ; and while
governments permit the issue of paper money and the com
munity submits to that natural constraint which induces
them to tolerate it, nothing but the final conviction of its
utter worthlessness can arrest its circulation.
As legislative charters only permit the issue of corpor
ate bank paper, and as the absence of all law on the subject
would amount to the same thing in respect to individual and
private companies we do not see why the same natural laws
and influences which give currency to corporate bank notes
and force them into circulation against the free choice and

456 WISCONSIN HISTORICAL COLLECTIONS
better judgment of the people would not have the same effect
upon the notes of individuals and private companies. In
deed, we know that such notes do circulate as freely and from
the same influences as other bank notes. We might witness
the case of Oliver Lee's bank, Stephen Girard's bank, Billy
Gray's bank, and a host of others both living and dead, in
support of our position.
The question, then, is, Ought such issues to be suppressed
by law? Upon this point the Advocate remarks thus:
It may be that men will be enabled to make a currency, and we can only
say so be it. We hate banks in any shape with a tolerably bitter hatred;
but if a man can make his own notes so good that his neighbors choose
to take them as money, why we cannot object to it. If their confidence
rests in his property, very well, if in his honesty, better yet; if in noth
ing at all, it is their lookout. They will not be obliged to take his paper,
because when there are no incorporations there will be enough specie for
circulation. Two years ago, we entertained the same opinions as are
here expressed ; but a more careful examination of the sub
ject of currency has led us to abandon them. Individual
rights should indeed be held sacred. Still, as we all know,
these rights have their limits. All civilized governments as
sume the exclusive right to coin money, and all agree that
this is necessary and proper in order to insure uniformity
and confidence in respect to the weight and purity of the
coins, and so to guard the public against imposition and
fraud. An individual has no right, and should not have,
to coin money, even if he makes that which is just as good
as that produced at the public mint; because, if individuals
are allowed to engage in coining at all, it opens a door to
fraud and imposition, and in order to close it effectually the
citizen must surrender an otherwise natural right to work
a piece of metal belonging to himself into any shape and
give it any stamp he might choose, and to sell it to whoever
might choose to buy it.
If the citizen should not be allowed to manufacture and
put in circulation good coin, much less should he be allowed

POPULAR PROCEEDINGS AND DEBATE 457
to manufacture and put in circulation bogus coin ; and if he
should not be allowed to do either of these, we do not see
why he should be allowed to manufacture and put in circu
lation paper coin, if we may be allowed the expression. The
paper certainly partakes more of the nature of the bogus
than of the good coin ; for while he may manufacture paper
dollars which are a good deal worse than bogus, he cannot
manufacture those which are any better than the genuine
coin. The currency is a public medium or vehicle of exchange,
and is, in an important sense, public property, and for this
reason we believe that pubhc authority has an absolute right
to determine, not only how and by whom it shall be con
structed, but what material shall and what shall not enter
into its composition.
We think the Advocate is mistaken in supposing that, if
free banking were to take the place of the corporate system,
* * * specie would be more plenty and relieve the people
from the necessity which now, in a measure, compels them to
take paper money instead of specie. No community can long
retain more than its due proportion of the currency, what
ever it is, and when the nominal quantity is increased by a
paper emission, from whatever source it may come, the value
of a given quantity declines and the surplus will flow off to
where it is more valuable until the equilibrium is restored.
The kind which will flow off will be the specie and not the pa
per, for the simple reason that the specie will pass every
where and the paper will not. Consequently, a paper dollar
issued by a private banker is just as sure to displace and
drive from the region and sphere of its circulation a specie
dollar as if it had been issued by an incorporated bank, and
the same necessity will induce the reluctant circulation of
the paper dollar in the one case as in the other.
Now we would ask whether a private individual should be
allowed, any more than a corporation should be authorized,
in order that he may draw interest on his credit or what he
owes, to manufacture paper money and thrust it into cir-

458 WISCONSIN HISTORICAL COLLECTIONS
culation, and thereby displace and drive beyond the reach of
the community an equal amount of the legal currency created
by public authority and for the common use and benefit of
all? We do not ask whether he should be deprived of this
right, but whether he does or can possess any such right.
We contend that he has no such right and cannot have, any
more than he can have a right to go to his neighbor 's barn,
without his consent, and take away a good horse and leave
a poor one in its stead.
The fluctuations in the nominal quantity of money pro
duced by paper issues, and the consequent fluctuations in
the prices of other commodities is [are] an exhaustless
source of revenue to the bankers and of disappointment, dis
aster, and ruin to multitudes ; and we ask again, have indi
viduals, any more than chartered companies, a right to
thrust their notes into circulation, expand and contract the
currency at pleasure, produce any fluctuations in the market
which they please, and fill their vaults and storehouses from
the fortunes they have wrecked? To alter a note of hand
or to forge a check would be snowy innocence compared
with it.
The currency, as before remarked, is a public medium of
exchange, and so vitally is every class and interest in society
affected by every change, either in its quantity or quality,
that in our judgment public authority should frown with
penal sanctions upon all private or corporate intermeddling
with it, either to dilute or corrupt it.
If our esteemed cotemporaries at Racine and Southport
still believe us to be in error we hope they will review our
arguments with the utmost freedom, for it is truth, and noth
ing but the truth, which we are after. Those who are labor
ing for rational reform should compare notes and counsel
each other. Some may be too slow and need encouragement,
while others may be too fast and need holding in.

. POPULAR PROCEEDINGS AND DEBATE 459
MODE OF SELECTING JUDGES— No. 3
[June 23, 1846]
In the discussion of political questions it is too commonly
the case that the advocates of opposite opinions appropriate
every plausible ground of argument in support of their re
spective opinions, with an unscrupulousness which betrays
either a want of good, sound, practical common sense, or a
greater desire to maintain an assumed position than to ar
rive at ultimate truth; and it would not be strange if both
the advocates and opponents of an elective judiciary should
be found faulty in this respect.
Upon the subject now in hand it is assumed, on the one
side, with but little show of reason or argument, as appears
to us, that to make our judiciary elective would tend to
poison the fountains of justice and render the bench little
better than a throne of corruption from which favors would
be dispensed to political friends, and retribution meted out
to political enemies ; and on the other side it is contended,
with as little strength of reason or argument, that the other
modes of selecting judges are antidemocratic, antirepubli-
can, a practical denial of the capacity of the people to gov
ern themselves, and wholly inconsistent with the theory of
our government.
Let us examine for a moment the weight of the first-named
objection. It is true that a judge elected for a district or
county would occasionally have an opportunity in the exer
cise of his official duties to discriminate between political
friends and opponents. But Avhile it is usually the duty of
a judge to decide, to a certain extent, between individuals
who always belong to one political party or another, it by no
means follows that in every case which comes before him he
must decide between individuals of opposite political senti
ments. The parties in court may both be Whigs, or both
Democrats, or they may be attached to opposite par-

460 WISCONSIN HISTORICAL COLLECTIONS
ties, and they as often stand in one of these political rela
tions as in either of the others. There are, therefore, at
least two chances to one that the suitors will be of the same
political faith, and whether they had been for or against the
judge in the election it could make no difference with the
judge nor present any inducement to use partiality.
In popular conventions for the selection of party candi
dates there is usually as fierce a strife between different can
didates for nomination and their respective friends of the
same party as there is between opposite parties and their
candidates after the nominations are made ; and if we know
anything of human nature, the successful candidate would
be quite as likely to administer judicial vengeance to his op
ponents in his own party, whose objections to him he must
suppose to have been of a personal nature, as to those in the
opposite party, from whom he had no reason to expect any
thing but opposition, and from Avhose opposition he could
infer no personal hostility to himself. Here we may fairly
reduce the chances for a motive to favoritism from political
considerations one-half, or to one chance in six. Only one
chance in six, even supposing the judge to be as corrupt as
Lucifer, for so much as a motive to favoritism on political
grounds to squeeze into the fight.
Again, the judge does not possess absolute authority over
the rights of the parties. He is only the judge of the law,
while the facts belong to the jury; and law without facts is
about as harmless as facts without law. If, therefore, a
secret purpose of political revenge should in one case out of
six creep into the breast of the judge, and the vagueness or
uncertainty of the law should favor its execution, it would
be quite as likely to be frustrated as seconded by the sover
eignty of the jury over the facts.
Courts are, moreover, firmly bound in their decisions by
existing statutes, rules, and precedents, and these, for the
most part, are so plain and well defined that if this motive
to injustice should chance to exist in the mind of the judge
there would be scarcely one chance in ten for him to indulge

POPULAR PROCEEDINGS AND DEBATE 461
it without exposing himself to common contempt, as being
destitute either of competency or of integrity.
Judges of the loAver courts with local jurisdiction would,
of course, be elected by the votes of their respective districts
alone, while the judges of the supreme court would be elected
by the general voice of the people and be beyond the influ
ences and out of the reach of the motives which may pos
sibly have beset an inferior court, and should the judge of
the inferior court at any time be tempted to make a decision
contrary to law he must know that that decision would be
liable to be reviewed by the court above, with that severity
of criticism which is common to such tribunals, and the evi
dence of his weakness or perfidy placed on enduring record
in the common law reports. There is perhaps nothing upon
which a judge prides himself more, or about which he feels
greater solicitude, than to have his decisions pass the ordeal
of a higher tribunal.
It would seem, then, as if in the few cases in which such
a motive to injustice could be supposed to present itself to
the mind of a judge, however corruptly disposed he might be,
it would instantly be overborne and banished by considera
tions of paramount importance to himself.
But whether the very best selections of judges could be
effected by the elective mode or not, it is not fair to suppose
that it would result necessarily in the choice of corrupt men.
On the contrary, it is no more than fair to presume that in
most cases men could be selected who, whatever might be
their other defects, would be above the influence of partisan
feelings in the administration of justice. Justices of the
peace are now elected among us, and also in many of the
states, and although they are frequently quite deficient in
other qualifications yet who ever suspected one of deciding
against a political opponent from political considerations?
Is it reasonable to suppose that, by the same process, the
higher judicial tribunals would be any more exposed to the
contaminating influence of party prejudice and strife? No
man who has the least sense of honor will respect his neigh-

462 WISCONSIN HISTORICAL COLLECTIONS
bor any the less, or be any the less disposed to do him jus
tice, either in the capacity of a neighbor or of a magistrate,
on account of his consistent adherence to his OAvn political
faith, but, on the contrary, it is regarded as a virtue and
honored and respected by all men in all parties. How pre
posterous is it, then, to suppose that a man invested with
the sacred office of a judge and bound by every considera
tion of honor and interest to discharge his trust faithfully
would deliberately pervert justice to punish a man for that
which cannot but command his respect!
We might turn round and inquire, if it were necessary,
whether any other mode of selecting a judiciary is not quite
as likely to bring political influences to bear upon the deci
sions of the courts as the elective mode ; but having shown,
as we think, that under this mode the chances for the en
trance of political motives in the administration of justice
are, at the first glance, but few, and that when closely ana
lyzed they dwindle down to a minus quantity, comparison
with any other mode becomes unnecessary.

A SCHEME OF GOVERNMENT
[June 30, 1846] Territory of Wisconsin,
18th June, 1846.
Mr. Smith : I had expected that some discussion would
have been introduced ere this upon the principles upon which
our new constitution should be based, and as no person has
entered the field with any general views, I submit to you the
following synopsis of some of the features that I v/ould like
to see incorporated into that instrument :
1. Limits of state to conform to Mr. Martin's second bill.
2. Governor and lieutenant governor to be elected for two
years.

POPULAR PROCEEDINGS AND DEBATE 463
LEGISLATURE
1. Single senate districts except where a county may be
entitled to more than one ; senate to be elected for three
years, to be classed, and one to three elected every year.
2. House to be elected annually, in separate districts
when practicable.
3. To hold yearly sessions.
4. 21 senators and 52 representatives.
5. To be increased periodically until the senate shall
number 40 and the house 100 members.
6. Their compensation to be $2 per day.
7. The governor to have a veto power, subject to a two-
thirds vote of both houses.
1. Legislature to be restricted from passing any bank
law except a state bank and branches, and that either to be
submitted to the people or to be reenacted by the succeeding
legislature, and in either case the state to be responsible for
its liabilities.
2. No loan or debt to be contracted against the state for
any purposes except for the current expenses of the civil
government of the state, or in time of war or insurrection
for expenses on that account, unless the law for such loan
or debt be approved by a majority of the voters of the state,
and a sinking fund be created by a direct tax or application
of other available revenues to pay interest and reimburse
principal ; and if such law be adopted by the people it shall
become a constitutional obligation until discharged.
3. No law shall be passed to raise revenue from any par
ticular branch or occupation in business that other trades,
occupations, or branches of business shall be exempt from.
4. Taxes shall be [levied] upon all property equally (ex
cept that $200 worth of personal property shall be exempt
from taxes to every taxable inhabitant having the same).
5. No religious test shall ever be required of persons to
hold office under the state government.

464 WISCONSIN HISTORICAL COLLECTIONS
6. No priest or minister of the gospel shall hold any civil
office under the state government (except county or toAvn
offices). 7. The criminal code shall be humane and corrective, and
the punishment of death shall be for murder, treason, or
rape, in the first degree, of which the trial jury shall be the
judges. 8. The state officers, other than governor and lieutenant
governor, shall be chosen by joint ballot of the two houses
for two years, unless removed for cause by like joint ballot.
9. Four circuit judges to be chosen in like manner for a
term of years, say six or eight or ten, and removable for
cause as above.
10. Three supreme judges, to be nominated by governor
and confirmed by senate, for life, good behavior, or sixty-five
years of age ; removable for cause.
11. No legislature shall pass any law whereby a person
can be effectually released from his just liabilities.
12. No imprisonment for debt in this state.
13. Every resident inhabitant head of a family, male or
female, who shall be the owner of forty acres of land upon
which they reside may hold the same exempt from any debt
or execution.
14. The school sections donated by Congress to the sev
eral townships in this state shall not be sold or alienated
from the perpetual ownership of the citizens of such town
ship, and shall not be rented for a term over thirty-three
years, and shall be subject only to the control and manage
ment of the townships in which they are situated in such
manner as may be provided by law.
15. All property acquired by females, either by inheri
tance, gift, or otherwise, shall not be liable for the debts of
her husband, nor subject to his control without her approba
tion. 1. No chartered company to be incorporated not subject
to repeal or alteration by the legislature.

POPULAR PROCEEDINGS AND DEBATE 465
2. All stockholders to be holden for the debts of the com
pany for two years after they have ceased to be such stock
holders. 3. A yearly publication of the names of all stockholders
to be made in the state paper.
1. No note, bank note, or bill shall ever be made a lawful
tender for a debt.
2. Any person passing a bank note for a valuable consid
eration shall be holden to any subsequent possessor of such
note for the genuineness of the same and for the solvency of
the bank, for three months after such paying or passing.
1. Any private banker, bank, bank agent, or broker who
shall put in circulation in this state any bank bills, notes,
checks, or certificates of deposit, shall be held personally li
able for their payment if the bank fail, or refuse to redeem
the same in specie. And in default of such redemption and
payment the said private banker, bank officer, bank agent,
or broker shall be liable and subject to the pains and pen
alties fixed by law for the crime of swindling.
For citizenship, either to be first, native born in United
States ; second, or naturalized ; third, or declared intentions
under United States laws ; fourth, or file oath with clerk of
a court of record to support Constitution of United States
and of this state, and abjure allegiance to any foreign
power, and actual residence in the state.
All white male citizens of twenty-one years and upwards,
having either of the above qualifications and a residence in
the territory of six months, shall have a right to vote at all
state, county, and toAvn elections, and none but those having
a right to vote shall be eligible to an office.
Yours, etc., Rough Heaver.
30

466 WISCONSIN HISTORICAL COLLECTIONS

"ROUGH HEWER'S" SCHEME OF GOVERNMENT
CRITICIZED
[June 30, 1846]
We invite attention to the communication of our corre
spondent, "Rough Hewer." He has furnished a complete
skeleton of a constitution, and many of his suggestions are
highly important. But we do not, of course, agree with him
upon all of them. The exception in favor of chartering a
state bank and branches is, in our judgment, entirely out of
the handle.
The war between the Democratic party and the banks is
one which we are of opinion admits of no compromise, and
can end in nothing short of the utter extermination of one
or the other.
The suggestion that "no religious test shall ever be re
quired of persons to hold office under the state government"
will meet with universal approbation ; but we cannot recon
cile this with the suggestion which immediately follows —
that we should establish an irreligious test, or a religious
disqualification for holding office. We are firmly persuaded
that, when the civil authority attempts to establish either, it
is stepping beyond its legitimate sphere and entering upon
a path which in one direction terminates in intolerance and
persecution, and in the opposite direction in ghostly spirit
ual despotism, and that, when we have once entered upon it,
we are as likely to bring up at one end of the route as the
other, and no matter whether w& begin with religious tests
or religious disqualifications.
We question, also, whether the constitution is the proper
place for an exemption law of any kind, and especially one
of as doubtful expediency as the exemption of a definite
quantity of real estate comprising an indefinite value.
We are glad, however, that our correspondent has laid
these suggestions before the public. He states in a private

POPULAR PROCEEDINGS AND DEBATE 467
note that his object is merely to bring these points before
the public mind that they may be received or rejected, and
good-naturedly remarks that "you and your Democratic edi
tors and the Whig editors and the Abolition editors and the
bankites and ultras may fire your grape and canister and hot
shot at any of the views put forth"; from which we infer
that he would not mourn if some of his suggestions should
meet Avith a decided negative.
We hope to hear from him again on some of the provisions
suggested. LEGAL ABSURDITIES— PLEADINGS
[July 7, 1846]
One of the greatest absurdities in courts of law is the
present practice of pleading. To be well skilled in drawing
a declaration requires great ingenuity in the telling of false
hoods. The written declaration of a plaintiff in an action
seldom or never states a fact, and, to save the trouble of
writing over a sheet of foolscap, printed blank forms are
generally used ; these printed forms answer for any state of
facts within a certain class of actions, by merely filling up
names and dates. A simple statement of facts in a declara
tion precisely as they occurred is not deemed good and suffi
cient in our fiction-loving courts ; a great number of misrep
resentations and perversions of the truth must be inserted
in order to gain the favorable ear of the court. Why is it
necessary to employ fiction in our courts more than in any
other department of business, in order to elicit truth and to
promote justice? Does the physician resort to chicanery
to cure disease, or the minister to calumny to promote a
healthful state of morals ? Suppose a doctor were called to
see a patient having a fractured limb ; he tells the patient his
limb is considerably fractured, but in order to effect a cure
the patient must consider himself afflicted Avith a great num
ber of maladies — there must be medical appliances for gout,

468 WISCONSIN HISTORICAL COLLECTIONS
spasm, cough, dropsy, colic and blood spitting, to heal the
aforesaid fracture.
A declaration to recover on a simple promissory note,
draAvn up according to the approved form, contains about
as many words as the Declaration of American Independ
ence by our forefathers asserting our severance from Great
Britain. Such a declaration usually contains a half dozen
or more counts, not one of which states the fact at issue dis
tinctly and correctly. The plaintiff avers the making of a
half dozen promises which were never made, and which he
knows to be false. So, too, in an action of trover, the plain
tiff in the statement of his claim, or rather his lawyer for
him, must tell deliberate untruths : he must aver that he casu
ally lost the article he seeks to recover the value of, and
that it came to the possession of the defendant by finding.
The forms of pleading in this case, however, permit the de
fendant to speak the truth — that he is not guilty of the
meanness of refusing to give up a piece of property which
he came in possession of by finding. As a general thing
neither the court, lawyers, parties, nor jurors can ascertain
from the pleadings what the particular controversy is, or
what either party claims, denies, or intends to prove, but the
pleadings are chiefly made up of statements in solemn ver
bosity — mere legal fictions, fancies, inferences, and abstrac
tions. As they state things that never transpired or had
any real existence, they certainly can furnish no useful in
formation, and are necessarily dark, obscure, unintelligible —
fit instruments of injustice.
Again Ave say, Avhy is it necessary to mystify, to falsify,
to establish justice? Is it not contrary to every code of
morals throughout the civilized Avorld to employ falsehood
and misrepresentation for the purpose of advancing the true
interests of society? Why should untruths be permitted in
our courts with impunity while they are repudiated every
where else where regard is had to decency and respectabil
ity. We have heard many attempts to explain the necessity
for using the present forms of pleadings, but they all amount

POPULAR PROCEEDINGS AND DEBATE 469
to about as much as the assumption that a witness cannot
tell the truth, however intelligent or honest he may be, with
out the help of a member of the legal profession to pump the
truth out of him. Some suppose that because fictitious
pleadings have been in use so long and date back to so re
mote a period that they cannot now be dispensed with. A
thousand fooleries and absurdities were once in high repute
which are now discarded. We have received all our forms
of law proceedings from England, without ever having made
scarcely any changes. An able writer in the Democratic
Review justly remarks:
It is to be regretted that the wise men who engaged in the glorious task
of severing the political ties that subsisted between the colonies of this
country and Great Britain had not carried their notions of emancipation
to a bolder height. They should have declared their independence not
only of the government, but of the laws of the mother country.
Wisconsin will soon throw off her territorial form and as
sume the form of state government; this act of the people
will be regarded to be the formation of a new government.
But, as preposterous as it may appear, after the people of
Wisconsin have formed a new government, they will still
have entailed upon them the laws, forms of proceeding, rules
of practice, and decisions of the monarchial courts of Great
Britain, as contained in a thousand volumes ! All this mass
of mingled wisdom and folly will doubtless be recognized
by our courts as good authority and fit to be observed in the
administration of justice. The rights of our citizens will
be subjected to legal rules which they never have had any
agency in establishing, or have ever understandingly as
sented to. Now let us for a moment look at its consistency.
"Law," says Blackstone, "is a rule of action prescribed
by the superior, which the inferior is bound to obey." This
definition involves a manifest absurdity, since according to
this principle we have no laws in this country, because we
acknowledge no superiors in a land of equal privileges. The
most common sense definition of law as applicable to our

470 WISCONSIN HISTORICAL COLLECTIONS
form of government is that given in the Livingston Code:
"Law is an expression of the legislative will" — that is, an
embodiment of the people's wishes, expressed by delegated
authority. Now, by what act of legislative power have the
people consented to recognize the arbitrary rules and max
ims of law as binding, Avhich were enacted by the Roman
emperors fourteen centuries ago? Nowhere have our stat
utes which contain the legitimate law of the country ex
pressed an adoption of the codes of the Dark or Middle
Ages, yet these codes are regarded by our courts as author
itative and the rights of persons and of property are sub
jected to their provisions. Is it not an exercise of arbitrary
power to subject the people to rules of action which they do
not understand, and to laws which they nor any representa
tives of a free government ever had an agency in creating?
One of the most able American expounders of law says : " As
laAvs cannot be obligatory without being known, they must be
promulgated by the state. ' ' Will we recognize the truth
fulness of this principle in theory and repudiate it in prac
tice? Chancellor Kent enumerates 648 volumes of British
reports, digests, and commentaries, besides some four hun
dred volumes of other British and Irish law works, which
are proper for an American law library. Now has this pon
derous mass ever been promulgated by the state? Do the
people know anything of the rules and decisions contained
in this vast pile of legal confusion, by which their rights are
to be adjudged in our courts?
As no possible good can be derived from the use of plead
ings as now practiced in the courts, but, on the other hand,
as they are a prolific source of mischief, we hope to see the
courts of Wisconsin Americanized and republicanized under
our new constitution. Pleadings should be made brief,
clear, and distinct, and understood by all. It should be con
sidered as disgraceful to express a falsehood in court as
anywhere else. The practicability of adhering to truth
rather than fiction in matters before the court is clearly
court demonstrable. The opening counsel usually in a short

POPULAR PROCEEDINGS AND DEBATE 471
bpace of time makes the court, jury, and bystanders fully
understand the claims of his client, and the facts and proofs
by which he intends to sustain them — he then quits the fic
tions, fancies, inferences, and abstractions of the law and
states the real facts in a common-sense way like an honest
man. But suppose instead of this verbal statement the writ
ten pleading should be read for the information of the court
and jury. As well might the learned counsel read a chap
ter from the Koran or from the voyages of Sinbad the Sailor
to enlighten the triers of the cause, as to the particular mat
ter at issue. The written pleadings should in all cases be
strictly in conformity with facts as near as possible, and in
telligible to the court, jury, and parties. This portion of
law proceeding, so vitally essential to securing the ends of
justice, should not be permitted to remain in its voluminous,
inaccessible, and incomprehensible condition; it should not
be suffered to mystify and swell the expenses of litigation,
while it affords no useful information to the court or parties.
One prominent object which the friends of judicial reform
are now everywhere seeking to obtain is the simplification
of law, and rendering it plain and intelligible to all classes
of the people. But how is it possible that this desirable ob
ject can ever be accomplished while the present unintelli
gible jargon of pleading is retained by the courts and forms
a part of the judiciary system? The people never can be
come familiar and acquainted with it, and Avhy should they
be bound by it? Hon. Michael Hoffman, a prominent mem
ber of the present convention in the state of New York, re
marks : ' ' The evils growing out of the present written plead
ings are great — too numerous to be detailed. They strike
at the very justice and merit of the cause, create great ex
pense and delays, and authorize and invite imposture, trick,
and chicane. The books that teach this part of law, in
cluding the forms of pleading and notes on them, are very
voluminous, and for their illustration require the study of
many thousands of adjudged cases. To master them in any
tolerable degree is the business of a whole life, and they are

472 WISCONSIN HISTORICAL COLLECTIONS
utter obscurity to all except the professional adept. ' ' Again
we ask, How is it possible to render law intelligible and its
forms accessible to the people, if such be a true description?
Hon. A. Loomis, also a member of the present New York
convention, on the subject of pleadings holds the following
language : "Let the party bring his action by a simple state
ment of facts which give him a right to demand redress be
fore a tribunal of justice, Avhether it comes within class of
cases in equity or at common law ; no matter whether it be
to recover damage for a trespass, or to collect a debt. When
the defendant has made his answer and the evidence has
been taken, the court can render judgment as the law ap
plicable to the case requires. In order that the usefulness
of the law may be extended and its benefits realized by all
classes of men, let it be brought down from the clouds — dis
perse the awful mystery which surrounds it, and let men
behold in it, not a dreaded tyrant, but a friend and protec
tor, whose course is open and exposed to their observation
and scrutiny."
Pleadings are the instruments of injustice as is continu
ally being demonstrated in the courts; the plaintiff's rights
are frequently made to depend upon a mere form of words
and phrases. How often by oversight or accidental omis
sion of a word in a declaration is a party thrown out of a
just claim; sometimes the omission of a falsehood in a plea
quashes the proceeding, leaving the unfortunate plaintiff to
pay the costs and mourn the want of depravity in himself
or his counsel, in that he was too scrupulous to tell a bigger
falsehood. How common is it for criminals to escape mer
ited punishment because of some flaw in the indictment.
This strict adherence to technical forms benefits nobody but
mischief-makers ; but it does great harm by making bills of
expense, protracting justice, and enabling scoundrels to run
at large. It is astonishing with what pertinacity our judi
cial officers cling to technicalities ; we recollect to have seen
a statement in the Law Reporter not long since of an appeal
brought before the superior court on the ground that the

POPULAR PROCEEDINGS AND DEBATE 473
court below had decided a certain indictment to be sufficient
in which the word "malicious" had been omitted, and an
other equivalent word used in its place. The court above,
after grave consideration, affirmed the decision of the court
below, that the omission of the word "malicious" in the
form did not vitiate the proceeding, inasmuch as other
words having the same meaning had been used. This was
regarded by some as a most wonderful stretch of power by
the court ! Such superlative fooling is scarcely credible,
but it is only one of numberless instances of slavish adher
ence to technicalities, despite of reason and common sense.

MODE OF SELECTING JUDGES— No. 4
[July 7, 1846]
In our last article upon this subject we endeavored to
show that the fears of many of the opponents of the elective
mode that the election of judges would induce party favor
itism in the administration of justice were groundless. We
now propose to examine some of the arguments relied upon
by the advocates of the elective mode.
They contend that the people have a right to select their
own rulers in all the departments of government, are qual
ified to exercise that right, and that a resort to executive
appointments or legislative elections for the choice of any
portion of them is a denial of both. Now the truth is, and
if we will take the trouble to analyze these different modes
we shall find it so, that so far as the selection of men is con
cerned there is no great difference between them — the peo
ple, in their primary capacity having just as much to do with
the selection under one mode as under another. We need
not remind our readers that our government is not a democ
racy. It is throughout a republican system, barely set in
motion by the operation of the democratic principle. The
advocates of the elective mode sometimes ask, with an air
of triumph which would seem to put an end to all cavil or

474 WISCONSIN HISTORICAL COLLECTIONS
argument, Have not the people the right to select their OAvn
rulers, and are they not capable of doing it? We answer,
Most assuredly they have both the right and the capacity,
but at the same time the exercise of that right is, for the
most part, impracticable. The people in their primary
capacity do not select any of their rulers, except occasion
ally those possessmg the most limited authority and local
jurisdiction. The people of a town may possibly assemble en masse and
select their town officers, but even this is not always the
mode of selection; at the very next step in the ascending
scale the democratic mode becomes wholly impracticable.
The people of a whole county cannot assemble for the se
lection of county officers, but must assemble by towns or the
still smaller subdivisions of election precincts and select
agents to do for them that which they have an unquestion
able right to do, but which they cannot conveniently do for
themselves — to select candidates and determine whom they
will have for officers.
As we ascend upon the scale of civil government to dis
tricts, states, and confederacies, the operation of the demo
cratic principle in the selection of officers becomes more and
more impracticable. If the people cannot assemble by coun
ties, still less can they assemble by districts, and still less
by states and confederacies. From the circumstances in
which they are placed all that the people can do towards the
selection of their higher officers is to assemble by towns or
precincts and select agents to act for them in a county or
district convention, and these agents must select agents to
act for them in the state convention, and the state conven
tion must select agents to act for them in the federal con
vention ; so that our highest officers are selected, not by the
people nor by a single intermediate agency, but by a succes
sion of agencies, or agents chosen by agents who were them
selves chosen by agents.
The nomination of officers for any department of the gov
ernment being once made, so far as the selection of men is

POPULAR PROCEEDINGS AND DEBATE 475
concerned the choice is as complete as it ever can be. It
then becomes a question of choice not between men but be
tween principles— not who shall be the instruments of carry
ing out a certain course of public policy, but what that policy
shall be. In our conventions our agents vote for men — the
principles which are to govern them being understood ; while
at the polls we vote for principles — the men who are to carry
them out having been preAdously selected by our agents.
This is the exact philosophy of our system and of the mo
tives which govern our elections, at least so far as respects
the legislative and executive departments. The election of
town and county officers upon party principles may seem to
be an exception to the rule, but even here we vote for men
on party grounds for the sake of party organization and dis
cipline, with an ultimate view of securing more important
ends through the legislative and executive departments of
the state or of the general government.
We see, then, that so far as the choice of men is concerned,
the people have no more voice in the selection of legislative
and executive officers than they have in the selection of
judges appointed by the executive or elected by the legisla
ture. The selections in the one case are made by agents
chosen more or less directly by the people, for that purpose
mainly or exclusively, in the form of a political convention,
and in the other by agents chosen by a little different proc
ess, for that and for other purposes, in the form of a legis
lature. The difference amounts to about this: In the one
case a farmer sends a hireling to the woods to split rails
and tells him to keep an eye out for a sled crook and cut
one in the course of the day; and in the other he sends one
man to split rails, and another to cut a sled crook.
The nominations for legislative and executive officers hav
ing been made by opposite parties through their agents, it
becomes necessary to refer them again to the people, be
cause they are to be invested with power to enact laws and
originate public measures ; and they come before the people

476 WISCONSIN HISTORICAL COLLECTIONS
not upon their own personal merits but upon the merits of
their principles and the measures of their respective parties.
If this party is the strongest, A. is the man — if that party
is the strongest, B. is the man. There is no chance at the
polls for the selection of men, or at the utmost the choice
is between two, and a man must vote with his party and
abide the selection which has been made or he must throve
away either his principles or his vote, or both.
The selection of a judge having been made, not by the peo
ple in their primary capacity, but by their authorized agents,
is there any similar necessity for submitting this selection
to a popular vote for confirmation? It appears to us that
there cannot be, for the reasons before alluded to — that the
courts have no power to enact laws or originate public mea
sures, and that these are really the only questions at issue
at the polls. A judge is selected, or should be, simply with
reference to his personal fitness to perform certain duties
in accordance with existing law.
When we vote for a legislative or executive officer we in
tend that our votes shall tell upon the official doings of that
officer. Can we have any such motive in wishing to vote for
a judge? Do we wish to have our votes influence the deci
sions of a court? If these questions are answered affirma
tively, an important point is conceded to those opponents of
the elective mode who object to it on this very ground, and
which objection is generally admitted to be valid, if well
founded. If we do not intend that our votes shall bear upon
the official acts of the judge, we beg to know what effect we
expect our votes [to] have ? They have nothing to do with
the selection of the man, for the selection must be made be
fore we can have an opportunity to vote upon it at the bal
lot box. We may elect a party man, but this will not affect
party measures because party measures are entirely out of
the sphere of his official duties. If there is no question to
be decided at the ballot box but the personal fitness of the
candidate, and that question is and must be effectually set-

POPULAR PROCEEDINGS AND DEBATE 477
tied before it can get there, we cannot see what use there
can be in sending it there at all.
There is, therefore, no important difference in these modes
of selection. The people never select their officers in per
son, except those of the very lowest grade. In either case
and in all cases the higher officers must be selected by agents
chosen more or less directly by the people, according to the
nature of the offices and the area over which their jurisdic
tion extends. The only difference consists in the different
modes by which the agents who make the selections are
chosen, and the only remaining question (as appears to us)
is, what system of agency is calculated to secure the best
selection of judges.

"ROUGH HEWER'S" VIEWS
[July 21, 1846]
Mr. Smith : I perceive you have laid before the public
the crude suggestions I threw together as some of the points
that might come under discussion in the formation of the
constitution and (as I expected) you have commenced de
molishing some of the plans as relates to the bank project.
I believe with you that it is decidedly advisable not to have
any at all, provided the issues of the banks of other states
can be kept out of circulation; and I did not consider the
provision suggested as likely ever to be made available,
as it would have to be ratified by the people (or a subse
quent legislature, which is the same thing) who would
thereby assume the responsibility of the creature, which I
take it for granted they would never do, and if banks are
entirely excluded I shall be quite content.
In reference to the exemption of a home for every house
holder, I do not think forty acres too much when used for
cultivation. Proper guards should be thrown in to prevent
an abuse of so humane and desirable a provision. I con-

478 WISCONSIN HISTORICAL COLLECTIONS
sider the constitution the proper place to provide for it in
order to give it stability and permanence. Our public do
main embraces many hundred million of acres of land, and
I consider no injurious results Avill accrue from a salutary
provision of something of the kind. I am not pertmacious
as to how or what it should be, but if I were in the conven
tion I should go for forty acres — anyhow.
With respect to the religious (or as you call it, irreligious)
test for office, I will join issue with you on that subject, and
would contend obstinately for the provision proposed. I
respect true religion and revere the author of it, whose king
dom is not of this world, and with a view to protect and per
petuate its purity and give our state and nation and poster
ity the benefit of its salutary influences, as the safest guard
and shield to our free institutions, I would not open the
door to tempt those who are set apart to minister at the al
tar and break to the people the bread of life down into the
muddy waters of political strife. Let them keep their place,
and attend to their appropriate duties with all men (not as
partisans). Let the fountain be kept pure and the stream
will run clear and full and even. We want no political
priests or ministers, and if any of them prefer to become
such, and prefer to occupy the bench or the senate hall, or
to deal in political patronage, make them lay off their robes
and become laymen. We will have no religious dictation in
the civil government; no alliance of church and state. Let
each be a separate organization, as each is dependent upon
the other for the permanency of their establishments. There
is no intolerance in connection with the provisions as you
speak of. This system has worked well in the New York
constitution, and I hope to see it in ours. More anon, as
you proceed to dissect the several items of my first communi
cation. Yours, etc.,
Rough Hewer.

POPULAR PROCEEDINGS AND DEBATE 479
ELECTIVE JUDICIARY
[July 21, 1846]
The Racine Advocate expresses a preference for an elec
tive judiciary, but admits that it is a grave subject, upon
which the wisest of men may differ, and should not be
adopted without careful consideration. The Advocate says :
To our minds the great desideratum is to get judges who will hold them
selves above politics, whether they be appointed or selected, and if anyone
will show us how that object can be secured, we will give up all our own
favorite ideas and adopt his. We want to see the best men among us on
the bench, and we want to see those wen so well paid that they may feel will
ing to remain there.
This is the right spirit, and the one which we hope will
generally prevail on both sides of the question. In what we
have written upon this subject one important object
we had in view was to counteract a false issue which seemed
to be making up, to wit : Whether or no the people should
be trusted to select their own rulers, by showing that the
people have just as much to do with the choice of men un
der one of the proposed systems as another. We hear men
talk about entrusting and not entrusting the people with
power. We have had all the while a lurking surmise that
such men did not know exactly what they were talking about.
Who are these men who, it is assumed, have all power but
toned up in their own breasts, and which they are to trust
out to the people ? We would like to see them and ask them
where they got that same power. The truth is that under
our federal and all of our state governments the people have
now and always have had all power residing in themselves,
and it is ridiculous enough for a politician to talk about the
power which he proposes to confer upon the people, if they
will only let him.

480 WISCONSIN HISTORICAL COLLECTIONS
The people are the supreme authority in all cases, but
somehow they have taken it into their heads that it is not
worth while for them to attempt to exercise all authority in
person. The judge who is chosen by the governor and legislature
is an agent and derives all his power and authority from
the people no less than any other officer. He issues a proc
ess directed to the sheriff, commanding him, not in his own
name nor in the name of the judge, but in the name and by
the authority of the people, to arrest a man, and thus by the
aid of a scrap of paper he is able single-handed to bring a
dozen men into court at a time. The promptitude with which
the commands of a court are executed is nothing else than
a recognition of the power and authority of the people vested
in their agents. The people might all turn out to catch a
rogue and try him, too, but they do not think it is the best
way. They apply no more physical force than is necessary
to enforce their will. So they need not and should not apply
any more of their time and money in the selection of officers
than is necessary to secure the faithful execution of the pub
lic will. Having by one system of agency chosen the prin
cipal officers of their government, if they can with safety
constitute them agents to choose others, instead of a con
stant recurrence to the more troublesome, expensive, and
unwieldy system which must necessarily be adopted in the
first place, it is better to do so, on the same principle that it
is better to send the sheriff to apprehend a man than for all
the people to drop their business and run after him.
It is claimed on one side of this question that the appoint
ment of judges has always worked well, and on the other that
the elective mode of selecting them ought to work well and
that it actually has so far as it has been tried, and neither
seems able to deny what the other says. This would ap
pear to indicate that either mode will work well enough — a
thing which would not be at all strange, if true, for in either

POPULAR PROCEEDINGS AND DEBATE 481
case and in all cases our officers are chosen substantially by
the same authority, and are amenable alike to the people.
We hope, therefore, that Democrats will not wax warm
upon this question beyond its due merits. Let it be discussed
freely and candidly, and delegates to the convention will
doubtless know what is the prevailing wish of their constitu
ents and should be ready to follow their instructions. We
do not see how it can be made a party or a test question in
the election without endangering principles of vastly more
consequence.

"ROUGH HEWER'S" VIEWS CRITICIZED
[July 21, 1846]
We are pleased that our correspondent, "Rough Hewer,"
has favored us Avith another line. It will be perceived that
we are distinctly at issue in regard to the propriety of es
tablishing a religious disqualification for office.
But let us not misunderstand each other. We agree with
"Rough Hewer" in the objects he has in view, but differ with
him widely as to the means of their attainment. To deprive
a citizen of any one of his civil rights on account of his re
ligion is to inflict a penalty on that account, and, as appears
to us, is nothing less than persecution. To deprive a citizen
of any one of his civil rights or privileges on account of his
calling or profession is palpably antirepublican and aristo
cratic. If we may exclude one class of citizens from a par
ticipation in the government we may another and another,
until we have but one privileged class left, and if we exclude
but one class, all the rest become privileged classes. If we
deprive one class of their civil rights on account of their re
ligious professions, we deprive all other classes of their re
ligious rights by attaching the penalty of civil death to their
exercise. To say that a preacher shall not be a senator, is,
in effect, to say that a senator shall not preach. Is the civil
31

482 WISCONSIN HISTORICAL COLLECTIONS
authority competent to decide who shall preach and who
shall not? If it is, it is equally competent to decide what
shall and what shall not be preached, and if it attempts
either it sets itself up as a religious teacher, and upon its
own principle turns itself out of doors with the clergy.
We agree perfectly that a clergyman should not be an
office seeker nor burden himself with secular affairs of any
kind, further than is unavoidable ; and this, we believe, is the
common sentiment of the people of the United States, in
cluding the clergy, but this is purely a religious sentiment
which the civil authority has no right to meddle Avith.
We would wish by all means to see the Christian religion
perpetuated in its purity. But the civil authority can never
improve or perpetuate its purity by dabbling in its streams.
They are most pure when left to flow most freely from the
fountain head. Christianity can receive no protection from
the state, and it asks none. The state cannot touch it but
to pollute and corrupt it, and all it asks of the civil author
ity is to let it alone, and thrice happier would it have been
for the world had this reasonable request always been com
plied with.
We would not open the door of office to clergymen, nor
would we shut it, but just let it swing for them as it does for
other men and advise them not to enter. We do not wish to
see them descend "to the muddy waters of political strife,"
nor do we wish to see politicians cast their muddy water
upon Christianity or its ministers. We attribute no such
motive to our correspondent, but there is a singular incon
sistency in the arguments usually put forth in support of
this measure. It is said that the clergy will corrupt politics
and that politics will corrupt the clergy. This is as much
as to say that the political arena is too dirty a place for
clergymen, and that clergymen are too dirty a set of men
to be in it. If the political arena is a dirty place it is be
cause dirty men occupy if, and the politician pays no very
flattering compliment either to the church or [to the] state,
when he says to the clergyman, ' ' Stand by thyself, I am dirt-

POPULAR PROCEEDINGS AND DEBATE 483
ier than thou." Civil government is clearly sanctioned by
divine authority and there is nothing necessarily contam
inating about it.
We want "no religious dictation in our government," nor
do we want any from it. Let clergymen "keep their place
and attend to their appropriate duties," but let not poli
ticians attempt to decide what their place is, or what are
their appropriate duties, for the moment they do so they set
themselves up as religious dictators, claim dominion over the
consciences of men, and usurp one of the prerogatives of the
Most High. Religion is an individual concern. The state is
a body politic, and a body politic has no soul and cannot be
a religious being. To judge in a matter of conscience, it has
no more capacity than a horse.
We want "no alliance of church and state," but we do
want a close and enduring alliance between the state and
every citizen of it. Why, then, should the state, by depriv
ing them of their civil rights and treating them with sus
picion and distrust, array against herself a class of her
citizens from whose influence she can by no means escape?
Our friend, "Rough Hewer," will perhaps think that we
are not making his work much the smoother by going over it,
but this proposition presented such a remarkable protuber
ance that our broad-axe would have leaped from its handle
had we not indulged it in a whack or two.

"ROUGH HEWER'S" VIEWS CRITICIZED
[August 4, 1846]
We have neglected to notice one important suggestion of
our correspondent, "Rough Hewer," contained in his first
communication. It is that some restriction should be imposed upon the cir
culation of bank paper. He proposes that the vendor of a
bank note shall be held responsible for the amount for three

484 WISCONSIN HISTORICAL COLLECTIONS
months after passing it, in case the bank should fail within
that time.
This, as a check upon their circulation, might be a whole
some provision; but as a means of redressing the wrong
consequent upon bank failures it would prove a fallacy.
Suppose A. borrows money of a bank for the purpose of
speculating in wheat. The ordinary scarcity of money,
which in our cogitations on the currency we have shown to
be one of the natural and necessary attributes of money, will
impose upon the farmer a degree of constraint to receive
for his wheat such money as is offered him, lest he might
not get a better offer. The farmer pays it to the black
smith and the blacksmith pays it to the shoemaker and the
shoemaker pays it to the tailor and before the tailor pays it
out the bank breaks and leaves the shoemaker responsible
to the tailor for the amount. But the shoemaker has no
such redress upon the blacksmith, for the three months has
transpired since he received it.
But compelling the shoemaker to lose the amount instead
of the tailor, or the blacksmith instead of the shoemaker,
cannot obviate the wrong. If it were "Pray cow give me
milk — I give cat milk — cat give me my long tail again," it
would be just the thing. But the bank has disappeared with
the long purse and somebody must lost it.
Still, a regulation of this kind would doubtless tend to dis
courage the circulation of paper money, for it is quite as
much as the most inveterate bankite is willing to do to take
the risk of the solvency of the bank while he is obliged to
keep its bills in his own pocket ; and if, in addition to this,
he were obliged to endorse the bills for three months longer,
he would be careful how he received them.
But after all we would rather see bank paper outlawed en
tirely. Let it be declared that a bank note shall not be re
garded in law as a valuable consideration, and that all re
ceipts and obligations founded upon bank paper shall be
utterly null and void, and Ave will be bound it Avill wind up
the paper circulation among us directly.

POPULAR PROCEEDINGS AND DEBATE 485
We know that some of our best and most radical Demo
crats are for the let alone system in regard to currency, but
we think they sometimes fail to recognize a very obvious
distinction between things which should be let alone and
those which should not. Whatever is proper to be done by
private citizens, the government should leave them to do
in their own way, but whatever is not proper to be done by
them, the government is competent to prohibit.
It is not proper that a private citizen should coin money,
and the government prohibits it. It is not proper that per
sons should pass counterfeit money, and why? Because it
is an aggravated fraud, and the government prohibits it.
The law regards a payment made in counterfeit money not
only as void, but as highly criminal on the part of him who
makes it.
Well, the whole banking system is a fraud "fra end to
end." Bank paper is but a mock currency — a species of
counterfeit money, and public authority is as competent to
inhibit its circulation as it is that of American half dollars
made of pewter and zinc. There is really no important dif
ference that we can see.
But Avhether any such provision should be inserted in the
constitution is another question. Our object in framing this
instrument should be to establish governmental principles
rather than to enact a code of laws, and we should admit
nothing into our constitution Avhich has not, in the public
estimation, become reduced to a fixed principle, the perman
ent operation of which we are willing to risk.
On the whole, we think "Rough Hewer's" proposition in
this instance somewhat objectionable on account of its doubt
ful efficiency in debarring paper money from the state, and
the litigation Avhich it might induce. If any provision of the
kind is inserted in our constitution we think it should be the
total outlawing of all bank paper, for such a provision we are
confident we should never have occasion to repeal or amend.

486 WISCONSIN HISTORICAL COLLECTIONS
THE STATE GOVERNMENT LAND
[September 29, 1846]
The merits of the late act of Congress to enable the peo
ple of Wisconsin to form a state government have for the
most part been passed over in silence by the territorial press.
This act interests us as a people more than any other
Avhich has ever been passed by that body, inasmuch as it not
only fixes our state boundaries, but requires us to surrender
important rights for a definite consideration.
In the first place, we are bounded north by Lake Superior,
the St. Louis and St. Croix rivers, which assigns to the state
less than half the present territory of Wisconsin. This we
should regard as no great hardship were the provisions of
the bill in other respects as liberal as we had a right to ex
pect. Other new states have received large grants of land,
some of them as high as 500,000 acres, in addition to the or
dinary grants for educational purposes; and one of the
strongest arguments in favor of a state organization has
been that we would be entitled to 500,000 acres of land on
our admission into the Union.
This consideration has entirely failed. No such grant
nor any allusion to it is to be found in the act under con
sideration. The following propositions are submitted to the
convention for its acceptance or rejection.
First. Section 16 in every township is granted to the
state for the support of schools.
Second. The grant already made of seventy-two sections
for the support of a university is confirmed to the state.
Third. Ten sections of land are granted to the state to
finish the public buildings.
Fourth. All salt springs within the state, not exceeding
twelve in number, with six sections of land adjoining, or as
contiguous as may be to each, are granted for the use of the
state, making seventy-two sections of land, provided we can

POPULAR PROCEEDINGS AND DEBATE 487
find the springs within one year, which we should not fail
to do, even if we have to salt a few on purpose to meet the
emergency. Fifth. Five per centum of the net proceeds of the sales
of the public lands within the state are granted for purposes
of internal improvement.
Instead of our 500,000 acres, we have a grant of 92,160
acres ; and in consideration of this magnanimous grant they
require the constitutional convention to bind the state, either
by a clause in the constitution or an ordinance irrevocable
without the consent of the United States, to give up half our
territory, not to interfere with the primary disposal of the
soil, nor tax the lands belonging to the United States.
Congress admits our right to all the lands within our state
limits by requiring us to relinquish that right ; and if we will
relinquish all, they will give us back a very small portion of
them. Indeed, if we are admitted into the Union "on an
equal footing with the original states in all respects what
ever," as the Ordinance of 1787 declares we shall be, if ad
mitted at all, we must be admitted with a full title to all the
vacant lands within our limits at the time of our admission,
for this was a condition of the original compact.
Whether the Ordinance of 1787 imposes any legal obliga
tion upon the present government of the United States un
der the constitution or not, it certainly does, in our opinion,
impose as strong a moral obligation upon it in respect to
our rights and interests as would have rested upon the Con
tinental Congress under the confederation, had it continued
to this day.
But supposing the right of soil to be conceded to the
United States, still Congress admits our right to tax those
lands by asking us again to relinquish that right. Indeed,
we do not see how the United States can evade this our right,
but by arbitrarily keeping us out of the Union and confining
us as a territory. This Ave believe the constitution gives
them power to do. But there is one thing which they have
not the power to do. They have not the power to force us

488 WISCONSIN HISTORICAL COLLECTIONS
into the Union contrary to our sense of honor and justice.
They can keep us out as long as they will, in spite of us, and
we can stay out as long as we will, in spite of them. But in
either case they must either support their own government
over us, or allow us to have and maintain our own ; so that
if they refuse to do us justice, we can, on a pinch, stand it as
long as they can.
Many believe that we have been dismembered of territory
which fairly belongs to us on our southern and northeastern
borders ; and now they have not only split us plumb in two,
but require us to relinquish most important and admitted
rights for a most paltry consideration.
For one, we should be sorry to see anything intervene un
necessarily to prevent our speedy admission into the Union ;
but whether or no these terms should be acceded to, will, we
apprehend, engage the serious consideration of the conven
tion, and of the people of the territory generally.

LET IT BE TOLD !
[October 6, 1846]
We have been credibly informed that, shortly previous to
the late election, a Whig candidate for the convention in this
county went to an influential Norwegian who was supposed
to be a Democrat and offered him fifteen dollars if he would
go round among his people and electioneer for the Whig
ticket. The man promptly declined, and the candidate raised
his bid, which was again declined. Again and again was the
bid raised, and again and again declined, until it reached
the nice little sum of two hundred dollars, when, Ole stand
ing out still as firm as his native mountain, the candidate
gave him up as a tough stick and sloped for softer timber.
Now we would ask the Sentinel and Gazette if this Whig
did not misrepresent his own party as to the means which

POPULAR PROCEEDINGS AND DEBATE 489
should be used in elections, and whether this misrepresenta
tion may not have thickened the defeat of his party?
This incident, whatever may be said of the moral on one
side, suggests an important one on the other, viz : that for
eign immigrants, however "ignorant of our laws and lan
guage," possess a degree of political virtue which may as
tonish many of the natives, even in high places.

AN ACCOUNT OF WHIG INIQUITIES
[October 6, 1846]
The Milwaukee Sentinel and Gazette, in alluding to the
late election, remarks :
In almost every county the whole aim and effort of the Loco Toco
leaders and presses was to induce the emigrants to band together as Ger
mans, Irishmen, or Englishmen and vote in mass for what they were told
was the Democratic ticket. Of course, in order to effect such a result
it became necessary for the leaders to misrepresent the principles and
malign the motives of the Whig party; but as this necessity involved no
unusual, or unaccustomed breach of truth, it neither troubled the con
sciences, nor taxed the invention of those with whom deception has be
come habitual and whose creed teaches that "all is fair in politics."
Such a paragraph from a Whig paper will not read very
well in this region.
Instead of our misrepresenting Whig principles to gain
the votes of adopted citizens, the Whigs misrepresented
their own principles, were caught at it, and so were defeated
worse than they would have been if they had been honest
and tried to put the best face upon their own principles.
For instance, they pretended that the Whigs were the free
suffrage party, in favor of the most liberal extension of the
elective franchise to foreign immigrants.
Well, it was only necessary to refer to the journals of the
legislature to prove that this was purely a catch-vote hum
bug, every Whig in the legislature having voted against the

490 WISCONSIN HISTORICAL COLLECTIONS
existing free suffrage law; and these immigrants wisely con
cluded that what Whigs had done they might do again.
Again, they represented that their party was the anti-
bank, specie currency party. This was proven with equal
ease to be a humbug of the same character by the whole
course of the Whig party for the last half century, and it
was frankly acknoAAdedged by individual Whigs and the Whig
organ at this place that their party was and always had
been in favor of banks, and deprecated a specie currency as
one of the greatest evils that could befall the country; and
the Sentinel and Gazette abounds with articles condemning
the Democratic policy of withdrawing the government funds
from the safe keeping of these indispensable conveniences
called banks. The hypocrisy of these pretensions being thus
easily exposed, and foreign immigrants being disgusted
with our miserable ragged currency, they naturally fell into
the Democratic ranks on this question also, and so the Whigs
were beaten.
In exposing in our paper a short time before the election
these two prominent humbugs, we remarked at the close of
the article that we expected in about four years more the
Whig party would claim to be the free trade party, and that
they always had been. A day or two after, we visited the
English settlement on Black Earth Creek, when we found
that our remark was history rather than prophecy — that we
were actually four years and some days behind the times.
Some of the Whig candidates for the convention had been
through the settlement proclaiming that the Whigs of the
United States were the free trade party, and that the Locos
were the tariff party, answering to the Tory party of Eng
land ; and many who had but recently come among us and
paid but little attention to American politics had been made
to believe the story. While in the settlement we attended a
meeting of the voters of Gorstville, in Dane, and Reeves-
Adlle, in Iowa, and being well proAdded Avith extracts from
Whig papers, which we had taken along for the purpose of

POPULAR PROCEEDINGS AND DEBATE 491
v showing the difference between Whigs and Democrats, it was
an easy task to satisfy every man present which was the free
trade party. After the meeting, some of the voters of Reeves-
ville remarked that they could do nothing for us in Dane,
as they were out of our county, but that they would do their
best for the Democratic ticket in Iowa. They were as good
as their word, every vote cast in that precinct being Demo
cratic. We mention this incident merely to assure the Sentinel
and Gazette that the foreign vote, so called, was not carried
by the Democrats in this region by a misrepresentation of
Whig principles, but by a true exposure of their real senti
ments, supported by the most satisfactory proof — their own
leading and well accredited journals, the Sentinel and Gaz
ette for one, and their actual doings when in power. In this
quarter at least, all the misrepresentation was on the other
side. Is it not gross misrepresentation to pretend that the
Whig party is favorable to free suffrage, free trade, and a
metallic currency? As well might the autocrat of Russia
pretend to be in favor of establishing republican institutions
in his own dominions. There are individual exceptions we
know, but these are only Democrats who have blundered into
the wrong box and do not know how to get out.
The truth is that the Whig policy is in the main identical
with that against which the foreign immigrant has long done
battle in his native land, and it needs no misrepresenting to
secure his unqualified disapprobation. Whigs may marvel
at this truth, but truth it is, and they may charge corruption
and misrepresentation upon their opponents till doomsday,
— they can never themselves cook up their own real senti
ments so that they will not, to an European immigrant, savor
strongly of aristocracy. Poor fellows! Their policy is
radically wrong and they cannot see it themselves as "ith-
ers" see it. This is the real difficulty with you, boys — it is,
upon our word.

492 WISCONSIN HISTORICAL COLLECTIONS

SELECTIONS FROM THE SOUTHPORT AMERICAN
ADVICE TO THE LEGISLATURE
[December 6, 1845]

* But by far the most important question upon which the
action of the legislature this winter is anticipated is that of
state government. We believe that we rightly interpret the
opinions on this subject of the great majority of the people
of the territory, and we are confident that we express an
almost unanimous public sentiment in this immediate sec
tion when we say that such action on the part of the legis
lature as will bring about our admission to the Union as
speedily as is consistent with perfecting the forms of ad
mission is both expected and demanded by their constitu
ents. The people of this territory are now, as we beheve,
fully convinced that they are old enough, and rich enough,
and strong enough to take care of themselves, and this posi
tion attained, what earthly reason can there be for our re
maining longer in a state of vassalage — beggars at the na
tional treasury for the poor pittance of appropriation for
the expenses of the government, so grudgingly bestowed —
and forgoing, for the sake of it, the right and all the ad
vantages of electing our executive officers, framing our own
judiciary, and being really represented, and by the num
ber of votes to which we are entitled, in the national coun
cils.

POPULAR PROCEEDINGS AND DEBATE 493
STATE GOVERNMENT— No. 1
[December 6, 1845]
Pursuant to a call published in the Southport Telegraph
of December 2, a meeting of citizens, friendly to the speedy
formation of a state government for the territory of Wis
consin, was convened at the White Schoolhouse in the vil
lage of Southport on Wednesday evening, December 4. On
motion, R. H. Deming, Esq., was called to the chair, and
L. P. Harvey chosen secretary. At the call of the chair
man, Col. M. Frank presented to the consideration of the
meeting the subject upon which they had been called to
gether and, in a brief and impressive manner, urged the
prominent considerations which should at this time induce
the action of the people, by petition to the legislature and
through their popular assemblies, in favor of the erection
of a state government at the earliest practicable period.
On motion, Messrs. Davis, Newell, and Deming were ap
pointed a committee to draft resolutions expressive of the
sense of the meeting.
The meeting Avas ably addressed by the chairman, F. S.
Lovell, Esq., and others.
Committee on Resolutions reported the folloAving:
First. Resolved, That in our judgment the time has ar
rived Avhen the territory of Wisconsin ought to take imme
diate steps for the organization of a state government.
Second. Resolved, That, for the purpose of impressing
upon the legislature the importance of immediate action,
measures ought to be taken to secure a full and fair expres
sion of the people on this subject.
Third. Resolved, That a committee of five be appointed,
by nomination, to prepare a memorial to the legislature in
accordance Avith the views entertained by this meeting,. and
to prepare a circular to be addressed to the friends of state
government in the different counties of the territory, urging

494 WISCONSIN HISTORICAL COLLECTIONS
their effort and cooperation in securing a strong and united
expression of public opinion in favor of the measure, at the
approaching session.
Michael Frank, F. S. Lovell, L. P. Harvey, Charles Dur-
kee, and C. Latham Sholes were chosen [the] committee
under the third resolution.
Voted that the proceedings of this meeting be published
in the papers of the village. Adjourned, sine die.
R. H. Deming, Chairman.
L. P. Harvey, Secretary.

ACTION OF THE WISCONSIN LIBERTY ASSOCIATION
[March 14, 1846]
The Wisconsin Liberty Association held its annual meet
ing at Beloit on the twenty-fifth of February. From their
published proceedings it appears that there were 123 dele
gates present — viz: 17 from Racine County; 19 from Wal
worth; 43 from Rock; 35 from Milwaukee; 6 from Jeffer
son, and 3 from Green— besides 10 from the state of Illi
nois and elsewhere, who were admitted as corresponding
members. Resolutions declarative of the sentiments of the
party were presented, discussed, and passed. Forty-three
unsold or unpaid shares of stock in the Freeman office, were
disposed of, Rev. A. Gaston, of Delavan, elected assistant
editor of that paper, and a standing committee appointed to
raise the sum of $300, as his salary. Charles Durkee Esq.,
of this place, was chosen president for the ensuing year,
Rev. A. Gaston corresponding secretary, and S. S. BarloAV,
of Delavan, recording secretary.
In reference to the approaching crisis of the organization
of state government for Wisconsin, the Association re
solved that they would vote against the adoption of any
constitution, which should hereafter be submitted to the
people, which did not secure equal suffrage, and, in all re
spects, equal rights to colored as to other persons; but, as

POPULAR PROCEEDINGS AND DEBATE 495
to the course that liberty men are advised to take to secure
the framing of a just constitution, our readers will find the
wisdom of the convention embodied in the following reso
lution: We advise all the friends of liberty in Wisconsin, in the
contingency of a convention to frame a constitution being
determined on by the people, to stand wholly aloof from the
Whig and Democratic parties, and to put up and support
for delegates to that convention men of tried and well-
known character in favor of the rights of man; and if we
then fail of success, it will be for want of power and not of
will. STATE GOVERNMENT— No. 2
[March 21, 1846]
A correspondent, who writes himself "a Whig, but not a
strict party man," informs us that he shall vote against a
state government at the ensuing April election. His reasons
for so doing are in brief:
First. He deems it a matter of the most deep and abid
ing importance that, when we adopt a constitution for the
state of Wisconsin, it should be a safe, judicious, and prac
tical instrument, and he thinks we have not the men now in
the territory to whom we could with confidence entrust the
work of framing such a one.
Second. State government is not a measure of the peo
ple but of the office seekers.
Third. If a majority of the people vote for a state gov
ernment, we are of course to be precipitated at once upon
an election for delegates, in which party appliances, ficti
tious representations of party gain, and pride of party vic
tory will be made use of to push men into the convention in
whose fitness not even a majority of their political friends
have confidence, by which means it will turn out that a dozen
little whippersnappers who manage the party wires will, in
fact, choose such delegates as may seem to them most likely

496 WISCONSIN HISTORICAL COLLECTIONS
to advance their OAvn selfish ends even at the expense of in
terests vital to the prosperity of the territory.
And fourth and finally, our correspondent fears that we
shall at once, on becoming a state, plunge into a career of
extravagance Avhich Avill load the government Avith debt and
tarnish the honor and fetter the young energies of the state
for years.
These are the points of our friend's objections, which he
has drawn out to a much greater length. We believe we
have put them fairly. To reply as briefly, if possible, as we
have stated them :
First. We deem the character of our constitution, in re
spect to safety, soundness, and practicability, and more —
equality — of as high importance, and the matter of choosing
delegates to frame it, as wholly aloof from mere party dif
ferences and the interests of politicians, as our correspond
ent possibly can. As to our ability to get up the right kind
of a constitution now — if the people will look out men for
the work merely on the recommendation of qualifications for
the discharge of the duty, we have enough already in our
midst; if the responsibility of delegate is to be considered
of the rewards to be distributed by party on the ground of
party service rendered or expected, it would not avail us a
whit to colonize into the territory all the talent, wisdom, and
experience of the Union.
We deem the present a most opportune time to set about
the task of framing our organic law, especially, as we have
the discussions which are going on in New York pending the
revisal of the constitution of that state, which discussions
are employing the attention and wisdom of many of the
clearest intellects and purest statesmen of the Empire State
to light us on our way.
Second. We submit that there are political and pecuni
ary considerations depending on the decision of the state
government question of sufficient importance to win for the
measure a warm popular favor. As to the interests or
wishes of office seekers, that class are not certainly to grow

POPULAR PROCEEDINGS AND DEBATE 497
less clamorous or less dangerous as their number increases,
which is doing every day.
Third. We do not see why the common sense of the peo
ple may not be as confidently relied upon to make an inde
pendent selection of delegates to a constitutional convention
noiv as at any future time. Party lines are being drawn
more and more tight every year in the territory, and we
cannot see how the influence of "party appliances" is to be
weakened by a longer drilling to party discipline.
Fifth. In our humble opinion the people of Wisconsin are
fully competent to assume the responsibilities of governing
themselves — to deny their competency is, essentially, to deny
the foundation principle of republicanism. We, moreover,
deem the present a more favorable time for procuring some
check on the facility of contracting debts inserted in our
constitution than a future period of wild speculation and
reckless extravagance, to which we think the signs of the
present time but too truly point.
To conclude : There seems to be a class of men who have
great faith in the corrective power of delay; but, unfortu
nately, while they constantly put off action on every subject
to a more opportune season, the very mischief which they
are waiting to see die out keeps growing and strengthening.

COLLECTION LAWS
[March 2:8, 1846]
We have no disposition to bandy gibes with our neighbor
of the Telegraph over the abolition of laws for the collection
of debts. The subject is one of grave importance, and de
mands careful examination, if not from its intrinsic claims,
certainly Avhen "numbers, ability, and goodness" can be
claimed to the party who belieA^e such laws "entirely un
necessary," and are laboring to convince the people that the
present system imposes upon them "intolerable burdens."
32

498 WISCONSIN HISTORICAL COLLECTIONS
We believe compelling the performance of pecuniary ob
ligations to be a part of that protection to the rights of prop
erty which society should afford to its individual members.
So in a certain sense, we presume, do the anti-collection-law
"reformers"; but the substitutes which they propose to
make for the imposition of law (i. e., the convenience and
benefits of doing right, and the coercive influence of public
sentiment) would, it seems to us, be just as effectual as sub
stitutes for any or for all laAvs. For were public sentiment
unerringly acute in detecting, and prompt to reprobate all .
wrong doing, there would be little need of legislation. And
were every individual far-sighted enough to discern his true
interest in dealing honestly and justly by his fellow men, the
penalties of law or the restraints of public opinion would
never be called into exercise. But, as the world goes, a
common sense of necessity has shown mankind need enough
of law for the protection of individual rights. To talk more
pertinently to the matter in hand, were all laws compelling
the fulfillment of pecuniary obligations abrogated, there
would be found those whose integrity would show no neces
sity of law to make them honest (such feel no "intolerable
burden" from the present system) — but others, also, who
would obtain confidence only to abuse and betray it, and be
tween these extremes would be seen those practicing every
degree of delay, evasion, excuse, and fraud. It is vain to
say that the value of a reputation for honesty, or the advan
tage of a character for promptness, or the power of a sensi
tive public opinion (all of which it is claimed will result from
the abolition of all legal coercion) would afford a sufficient
basis for confidence or an effective correction for abuses of
credit. It is an easy matter even for a knave to practice
honesty for a time, if the reputation thus obtained will afford
him the very facilities requisite to accomplish a grand and
gainful scheme of fraud. And in the absence of all law to
compel him to perform the promises by which he gets hold
of the property of his creditors, when once resolved to ex
change his character for the profits of fraud, the operator

POPULAR PROCEEDINGS AND DEBATE 499
upon public credulity has nothing to do but brave public
opinion, and he may rattle his ill-gotten gains in his pocket
and talk as "boldly" as a Mississippi repudiator of "what
he will do and what he will not do." There would then be
no remedy in society but mob redress, and that is surely
more fearful than the most stringent of collection laws.
Even this, moreover, he has small reason to fear, for ob
servation teaches that the possessor of money, little matter
how obtained, can find countenance and support. There are
sycophants enough Avho can be brought to call dishonesty
by a softer name, and to invent excuses and even feel ad
miration for successful fraud, as easily as party sympathies
make our neighbor an apologist and an admirer of the bold
dishonesty of a state that borrows money and then refuses
to pay.
It may be our error, as the Telegraph man insinuates, that
we have "too mean an opinion of mankind"; but, as it is a
habit of ours to deduce our opinions from facts, we naturally
place, more confidence in them than in the crude notions of
those with whom fancy appears to answer all the uses of
judgment. That the mere reputation of honesty is not suf
ficient to make men honest, we have convincing example in
the instances of those who were exempted from all legal
liability for their debts, by the operation of the late general
bankrupt law. No one will deny but that, in the case of
thousands, the moral or the honorable duty to pay as fast
as he could obtain the means Avas as binding upon the debtor
as before he was released from the legal obligation. Yet
how few are the instances in which such obligations have
weighed a feather. Here and there we hear of an example,
like that of Mr. Read of Boston, where native integrity
prompted the payment of the creditors to the uttermost
farthing of their just dues ; but, while that man is presented
with a service of a plate as a token of admiration for his re
markable virtue and his praise is sounded through the length
and breadth of the land, how few are found ambitious of his

500 WISCONSIN HISTORICAL COLLECTIONS
reputation at the expense of eAren less sacrifices than it cost
him to win it.
But, insist our opponents, character Avill become so valu
able, when we have it so that a man is trusted only on his
honor and his reputation for punctuality, [that] that alone
will make all men honorable and punctual. Hold a moment !
Such men as are honest and punctual only because it is profit
able to be so will surely turn dishonest the very moment the
latter course promises an immediate advantage greater than
the more remote gains of upright dealing.
In fine, we believe that the abolition of collection laws
would operate hardly against the laborer and all men of
limited means to whom credit is often an almost necessary
assistance (for the misfortunes or disappointments of such
are generally pronounced upon with harshness by those who
hold the keys of credit), but would render all classes of so
ciety more completely the prey of that class of Avholesale
SAvindlers technically termed "financiers." In other words,
Ave believe that the era of no-collection laAvs would witness
all the curses of credit without any of its benefits.
The measure of exempting a certain quantity of land or
the home and tools of the mechanic from attachment or sale
on execution for debts, Avhich is countenanced by many of the
opponents of collection laws as an advance toward their
darling reform, we regard as promising quite different re
sults. With our present light on this subject, we are inclined
to favor such an exemption, with suitable restrictions; but
then we want stringent laws for compelling the payment of
debts to the extent of all means beyond the property pro
tected. Of this subject, hoAvever, at another time.

POPULAR PROCEEDINGS AND DEBATE 501
THE QUESTION OF STATE GOVERNMENT
[April 4, 1846]
Will be decided on Tuesday next. All who believe that
the people of this territory are equal to the duties, cost, and
responsibilities of governing themselves — all who believe
that more is to be hoped from the present action of the
people, than from any plan of masterly inactivity in
procuring a safe, judicious, and practical constitution — all
who rightly appreciate the pecuniary profits of "admission,"
the blessings of independence, and the political advantages
of state sovereignty and equal representation in the national
councils, will rally at the polls and vote
"for"
a convention, and a state constitution.
All who believe that the people of Wisconsin are too poor
to support the expenses of a state government, and deem
the yearly diminishing pittance which Congress doles out
for our territorial expenses, of greater value than the liberal
patrimony which we are to inherit on assuming our major
ity — all who would rather wait for the Avhole race of dema
gogues to die out, and for errors to ripen and decay, than
appeal to the common sense of the people to disoAvn the
former, and to correct the latter — all who believe colonial
vassalage preferable to state independence, and would rath
er have a delegate to beg, than a representative and senators
to demand attention and justice from the national legislature,
will either stay at home, or go to the polls and vote

a state government but for a continuance of territorial de
pendence and political imbecility.

502 WISCONSIN HISTORICAL COLLECTIONS
THE JUDICIARY
[June 27, 1846]
Unjust laws, so that they are understood, can be avoided
in their penalties by circumspection and prudent foresight ;
but from the weakness or corruption of the judiciary, the
citizen is daily at peril in his every interest, without the
possibility of foreseeing or avoiding the danger. Hence we
regard the adoption of the best system of judiciary, and the
mode of selecting judges the least liable to abuse or corrup
tion, as of the first importance in forming our state con
stitution. In the lengthy arguments which have appeared in
several of our territorial exchanges in favor of having judges
elected by the people, we have not been able to detect any
well-founded objection to the mode of appointment by the
executive with confirmation by the senate, or of election by
the legislature on joint ballot, one or the other of which
methods has been almost uniformly adopted by the other
states of the Union.
With the disposition which seems, fortunately, prevalent,
to restrict the appointing power of the executive to a very
limited number of officers, the first method can scarcely be
come a part in a system of favoritism, and in the absence
of such objection, we humbly conceive that we shall thus be
most likely to obtain ability, learning, and integrity upon
the bench.
Qualification for the intelligent discharge of the duties of
a judge is only attainable at the price of years of patient
study and rigid thought. These must beget habits which
preclude that familiar acquaintance and general intercourse
with the people Avhich might enable them to judge of the
fitness of the candidate, or which would acquire for him pop
ularity. With an elective judiciary, then, the duty of select
ing candidates for judicial station must devolve more pecul
iarly than for any other offices upon irresponsible conven-

POPULAR PROCEEDINGS AND DEBATE 503
tions. Will not the people be rather losers than gamers in
their influence in the choice of this class of officers, by devolv
ing their selection upon delegates of caucuses, instead of up
on officers whom they select for the discharge of this among
other duties ? And, as the best men for ability and integrity
may not, from the circumstances that we have mentioned
above, be the most "available," that is secure the greatest
amount of popularity for the ticket on which they are nom
inated, will not such be the least likely to be selected in a
convention nomination?
We must confess that we fear a wider exposure to cor
ruption than the administration of justice has hitherto
known, from making its functionaries directly dependent
upon political leaders and party machinery for their contin
uance in office.
But, as we have not leisure to pursue this subject further,
the present week, we subjoin the following extract from an
editorial on the mode of selecting judges in the last Wiscon
sin Argus, a paper frequently endorsed by our neighbor of
the Telegraph as good democratic authority.18

AN ELECTIVE JUDICIARY
[July 4, 184€]
We are sorry if the advocates of the mode of electing
judges by popular vote can find no better reason in favor of
their system than the hope that it will prove a plan for eleva
ting to the bench men eminently ignorant of law, of prece
dent, and of all that men of strong minds and patient inves
tigation have said, written, and thought in reference to the
rights of persons and property. Mediocrity is the highest
ability, study is folly, mental cultivation an idle waste of
time, and all the maxims of wisdom, wrought out by human

18 The citation omitted here is the last half of the Argus editorial of
June 16, 1846 on the "Mode of Selecting Judges," for which see page 450.

504 WISCONSIN HISTORICAL COLLECTIONS
experience or left as the fruits of giant intellect, so much
contemptible nonsense, if "common sense," without the aid
of culture or discipline, is equal to threading all the laby
rinths of wrong, and discriminating justice in all cases be
tween man and man.
We are sorry, too, that such beautiful theorists have no
brighter example of the practical Avorkings of their theory
than the judiciary system of poor, misgoverned, demagogue-
ridden Mississippi. Is the judiciary of that state at all to be
compared in point of ability, dignity, or integrity with that
of a score of other states which select judges by other meth
ods? We think not. Then Avhat is the example worth?
The celebrated S. S. Prentiss gave, as the experience of sev
eral years of successful practice in the courts of Mississippi,
that, he cared not how much law opposing counsel might cite
against him, if he could get the court to laughing he was sure
of his case. This showed his estimate of its dignity.
We implicitly believe that the people are the sole legiti
mate source of power, and Ave are ever ready to confide in
their integrity of purpose; but there are powers which are
better exercised by agents of their appointment, than directly
by themselves. Else we have no occasion for elections or
officers. Among those powers Ave reckon the selection of
judges — and we shall certainly never be convinced that it
were better to have them elected by popular vote, by argu
ments based upon the alleged corruption, or incompetency
to this duty, of the executive and legislature, Avho are chosen
by the people. Yet this is precisely the point most fre
quently and positively insisted upon by our neighbor of the
Telegraph. Through all the multiplication of words which the Tele
graph has produced in favor of his mode of choosing judges,
we have looked in vain for any solid objection to the prac
tical workings of the system sanctioned by general use in
the different states of the Union with but one or two ex
ceptions, and approved by long experiment, or any ' ' show ' '
of important gain to be secured by substituting one more

POPULAR PROCEEDINGS AND DEBATE 505
novel, and less tested by experience. We notice, also, that
our friend attempts no reply to our objection to his plan,
that it would operate only to transfer a power usually en
trusted to the executive and senate or to the legislature, to
irresponsible caucuses, and party conventions — which is the
precise avenue through which we think incompetent parti
sans will be most likely to reach judicial station, and party
corruption to attain the administration of justice.

EXECUTIVE PATRONAGE
[July 25, 1846]
While we have advocated the policy of the appointment
of judicial officers by the governor with the confirmation by
the senate, as a preferable method to nomination by caucus
with confirmation by the people, we have done so with the
firm conviction that our constitution will be so framed as to
limit the patronage of the executive of the state, in the mat
ter of appointments, entirely or nearly so, to the officers of
the judiciary. If the appointment of these officers is to form
a part of an extended system of patronage entrusted to the
executive, we have no hope, with all the temptations which
such a system presents for distributing its favors to reward
unscrupulous, partisans or personal adherents, that this de
partment of the government will thus be preserved from
corruption. We should much prefer that the people do not
delegate this trust, than that Avith it they confer upon the ex
ecutive administration the power to strengthen itself against
a withdrawal of their favor by the purchase of a numerous
and widely distributed horde of mercenary apologists and
defenders, through the conferring of official patronage.
By a report prepared by the secretary of state, of the state
of New York, at the requisition of the constitutional conven
tion now in session, it appears that there have arisen, under
the present constitution, 289 civil officers whose appoint
ments emanate directly and solely from the governor, and

506 WISCONSIN HISTORICAL COLLECTIONS
2,238 who are appointed by the governor with the consent
of the senate. The compensation of that portion of these
officers whose salaries are fixed by law amounts to no mean
part of the public expenditures ; but by far the larger pro
portion of the incumbents are paid by certain fees and per
quisites pertaining to their respective offices, and their com
pensation cannot be ascertained short of requiring a return,
from each, of the fees and emoluments he receives from his
office. What a host of retainers, all looking to the same
source for their appointments, and all bound by the
strong tie of interest to perpetuate the same men in power
as a means of retaining the favors they enjoy ! What a fear
ful, though unknown, amount of money placed, mediately
under the control of a few official dignitaries, and more di
rectly in the hands of one man, which may be used as a
fund for purchasing defenders and apologists for any in
fraction of the constitution or neglect of duty, or for the
corruption of the patriotism of the people.
It was, in a great measure, by a politic use of this immense
power of patronage, through their own partisans in the ex
ecutive chair, that the famous Albany Regency were enabled
to control the politics of that state for so many years — mak
ing and unmaking governors, revolutionizing different sec
tions, and building such stately fortunes for the few who had
the distribution of favors and controlled the operations of
the party. Twenty-five hundred office-holders scattered
among the people and each surrounded by a circle of per
sonal friends and dependents all interested to talk and write
for the powers at Albany that controlled the party — and to
these added greedy multitudes of expectants who well under
stood that they could only hope to attain the object of their
desires by blindly adhering to, and actively furthering the
objects of, those who had the dispensation of benefits — forms
a political force all too effective for safety among a people
devoted to the daily pursuits of industry and no further in
terested in political affairs than becomes their duty as cit
izens.

POPULAR PROCEEDINGS AND DEBATE 507
Tne state convention now in session in New York will,
doubtless, break up this system of corruption, and revert to
the people the choice of most of the officers now selected by
appointment. This will work a great reform — removing the
probability of any personal interest in the election of a par
ticular candidate from the patronage his election may now
place at his disposal, and leaving no motive of like char
acter for undue subserviency to the incumbents of office.
And we greatly mistake if a constitution for the state of Wis
consin, in order to be acceptable to the people, will not have
to be modeled by a kindred spirit of enlightened democracy.

PARTYISM AND THE CONSTITUTION
[August 1, 1846]
A convention of Locofoco delegates met at Hall & Pratt's
on Saturday last and put the following ticket in nomination
for delegates to the convention to form a constitution for
the state of Wisconsin, viz: F. S. Lovell and Elijah Steele,
of Southport ; M. M. Strong and Edward G. Ryan, of Racine ;
Daniel Harkins, of Pleasant Prairie; Haynes French, of
Pike ; Stephen 0. Bennett, of Raymond ; Thomas Stockwell,
of Salem ; James B. Carter, of Wheatland ; Nathaniel Dick-
erson, of Burlington; Victor M. Willard, of Rochester;
James H. Hall, of Paris ; Chatfield S. Parsons, of Caledonia ;
and Chauncey Kellogg, of Mount Pleasant.
Of the individuals thus brought forward as candidates for
election to assist in executing the most important trust that
the people will, probably, be called to delegate for the next
quarter of a century, we have nothing to say that will not
occur to the mind of everyone who reads over the list. Some
of them are capable and worthy men — others appear to have
been nominated solely on the principle of throwing some
thing, since the convention election gives the party an extra
number of offices to dispose of to those who have by their con
tinued importunities for office, heretofore, wearied the party

508 WISCONSIN HISTORICAL COLLECTIONS
leaders. We are told that the nominees are, with one excep
tion, democrats of the right stamp, by which are meant those
that fear the party, reverence its nominations and love the
two dollars a day (with most fervent wishes for more). But
what their views are touching any principle to be established
in the constitution, we can know nothing except by report.
To carry out the "spoils" principle of choosing delegates,
it became necessary to degrade the constitutional election,
the most important one to the people that the citizens of
this territory were ever called upon to decide, below the dig
nity of an ordinary election for county officers. A conven
tion called to nominate candidates for the latter would have
sent forth a declaration of principles, reasserted with pomp
ous formality for the thousandth time ; but, as on all matters
that have anything to do with making a constitution, the
party comprises almost every shade of difference in opinion,
it, doubtless, appeared not advisable to look for accordant
sentiments among the nominees, or to be in the least par
ticular about what a candidate would go for in reference to
the constitution.
We had hoped that men would be brought forward for
delegates to the convention in such a manner that the ques
tion would not be whether the candidate was a free-trade
man or a protectionist, "a bad Democrat, or a good Whig,"
one who always votes a strict party ticket, or one independ
ent of political associations — but is he sound on the prin
ciples on which the people wish to base their social compact?
Is he such a man as we can trust with the difficult task of
forming a constitution under which the present and perhaps
succeeding generations are to live ? In such a contest a dis
cussion of principles, not of men or parties, would be evolved,
by which the opinions of the people would become established
and defined, and delegates would be chosen who could fully
and faithfully represent the wishes of the people. The crea
tion of a state government supposes society to be in its dis
organized condition, and the work before them the formation
of a new social compact. Each individual is a partner, con-

POPULAR PROCEEDINGS AND DEBATE 509
tributing a certain portion of his natural liberty for the
maintenance and improvement of civil liberty. The wishes
of the people rather than the behests and interests of parties
are the proper subjects of consideration.
These views Ave have held and advocated from the first,
and, accordingly, we have urged the bringing forward of
candidates by the people in their primary capacity without
the intervention of caucuses, or party committees. Although
the action of both the Loco and Liberty parties may seem
noAv in a measure to compel the Whigs to make a party nom
ination, yet we think that their course should never drive our
party from a right position.
Such are the views of the Whig county committee, and ac
cordingly they have not called a Whig convention for the
nomination of delegates to the convention (and will not do
so unless the action of the committee is not approved of by
the party generally) resting party efforts for organization
upon the contest for county officers.
The call of the committee for a convention to present can
didates: for legislative and county officers will be found in
another column — and we trust it will meet the prompt atten
tion of every Whig in the county.

THE DELEGATE ELECTION
[August 15, 1846]
The Whig convention on Wednesday adjourned without
taking any action in reference to a nomination for delegates
to form a state constitution. This, we presume, is decisive
of the fact that the Whigs, as a party, will not present a
ticket for that object at the election — and, in default of any
nomination of their own, members of the party will be left
to select between candidates already before the people or
hereafter to be brought forward. If the Whigs have re
frained from making a nomination from conviction of the
impropriety of party action in a matter of common and vital

510 WISCONSIN HISTORICAL COLLECTIONS
interest, and to which the ordinary questions of party dif
ference have little or no relevancy — a conviction we know to
be entertained by many individuals of the party — the ex
clusive party nominations already in the field present but
small claim to their favor. A popular movement, then, which
might bring directly before the people the questions really to
be decided by the election, and present candidates solely on
the ground of fitness to the discharge of the momentous duty
of framing a constitution would be the most likely to receive
the countenance and cooperation of intelligent and conscien
tious Whigs.
The following is a copy of an invitation to a mass meeting
for the nomination of candidates for delegates to the con
stitutional convention which has been somewhat generally
circulated in different parts of the county ; and which has, as
we are informed, received the signatures of many influential
men of all parties: To The Electors of Eacine County
You are hereby invited, without distinction of party, to meet in mass
convention at the schoolhouse, at Sylvania, on Wednesday the twenty-sixth
day of August inst., at 11 o'clock A. M., for mutual discussion and com
parison of views, and, if deemed advisable, of nominating a
People's Ticket
of candidates to be supported at the ensuing election, on the seventh day
of September next, as delegates to the convention for the formation of a
state constitution.
The framing of a constitution is a duty of so serious and important a
character, a work of so general and enduring a nature, that the people can
not deliberate too maturely or act too cautiously in delegating this sacred
trust. With twenty-eight models of state constitutions before us for our
imitation, with all the improvements which experience of their operation
has directed or practical wisdom has suggested, and with all the attain
ments of progressive intelligence in theoretical and practical knowledge of
free governments for our guidance, Wisconsin is privileged to enter the
confederacy of sovereign and independent states with the very best con
stitution which human wisdom has ever devised. By faltering in our duty

POPULAR PROCEEDINGS AND DEBATE 511
to ourselves and to posterity, through indifference to the momentous in
terests we are called upon to decide in the approaching election, or by en
trusting the work to incompetent hands or to men prejudiced by education
or blinded by selfish and mercenary interests from perceiving the beauty
and justice of those judicious reforms which lie near to the hearts of the
people, our state may be cursed with the worst constitution of any of the
states of the Union — with an impracticable instrument, wild with va
garies of senseless theorists, or hedging about and protecting time-honored
abuses, perpetuating principles at variance with true social equality, and re
stricting privileges to a portion of society which it is the common right of all
to enjoy.
We invite you, then, to lay aside all those questions of mere party dif
ference which have no relation whatever to the work of forming a state
constitution, and to unite with us, not in a convention of caucus-appointed
delegates, or to listen to the dictation or to serve the interests of party
leaders, but in an assemblage to which every voter is requested to consider
himself a delegate — and let us deliberate wisely; and if common interests
and common sentiments of patriotism can beget unity of action, let us
select a set of men as our candidates for delegates to the convention to
form a state constitution, prudent in counsel, and who shall commend them
selves to the suffrages of the freemen of Racine County by competency,
sound judgment, and fidelity to the great principles of equality and of uni
versal liberty, on which we desire to base the framework of our social com
pact. Racine County, August 5, 1846.
This call seems to have been indited in a just appreciation
of the importance of the work of framing a state constitu
tion as affecting the present and future prosperity of Wis
consin — and it points at precisely the action which we be
lieve to be right, whatever faction may set itself against it.
A convention of the people, assembled for the sole purpose
of selecting the most capable and honest men for the dis
charge of a duty of common interest and of vital moment —
such men as can be relied upon to advocate those principles
which the great mass of the people desire to incorporate in
their constitution — is precisely what we should like to see,
and their nominations we could confide in. If this mass-con
vention movement be what it purports to be, contemplating,

512 WISCONSIN HISTORICAL COLLECTIONS
as it professes to, the spontaneous action of the people, in
dependent of party interests or the dictation of party lead
ers, the project enlists our Avarmest sympathies for its com
plete success. We should prefer to support its nominations,
if made in fidelity to the professions set forth in the above
call, to supporting a party nomination of the Whigs for del
egates to the convention, even with the most flattering prom
ise of success. And this for the reasons that the issues made
in their election would be upon such questions, and such only,
as relate to the formation of a constitution, and that a con
stitution framed by men thus selected would be more likely
to embody that just compromise of party views and preju
dices so desirable in an instrument which is to be, and that
permanently, a common blessing or a common curse to all.
To secure to this movement precisely the character de
sired, it is only necessary that those who approve the objects
avowed in the call should attend and take the conduct of its
proceedings into their own hands. If this mass convention
should not prove to be a meeting of the people, and its pro
ceedings evidence of their honest purposes and Avishes in ref
erence to a constitution, it Avill be solely through the neglect
of the people to attend and take the direction of it.

GREAT GATHERING OF FREEMEN IN COUNCIL
[August 29, 1846]
The people's convention on Wednesday was by far the
most fully attended, dignified, and respectable political con
vention we have ever witnessed in Racine County. We have
heard the numbers in attendance variously estimated from
two to three hundred. It certainly exceeded the former num
ber, but did not, probably, reach the latter. It was an assem
blage of independent, honest-hearted men — and was really
"without distinction of party," as all parties were well rep
resented in the convention, and party distinctions lost sight

POPULAR PROCEEDINGS AND DEBATE 513
of, perhaps Avith one or two individual exceptions, in the re
marks and proceedings on the occasion. All present evi
dently came together Avith a firm conviction of the separate
interests of the people, distinct from all party or sectional
matters, in the constitutional election — that the trust of del
egate to the convention was one too sacred to be made a price
in the barter trades of selfish politicians — that the crisis de
manded the services in that capacity of the men most dis
tinguished for liberal sentiments, sound judgment, and pa
triotic intentions — and that a council of the people was more
safely to be trusted to select such, than the maneuvering of
caucuses and interested delegates.
The resolutions adopted by the convention are a manly
declaration of sound and truly liberal sentiments. The
ticket selected, as far as propriety will allow us to speak in
its praise, is an excellent one — one that should command the
confidence and suffrages of the electors of the county — and
if the exertions of its friends are worthy of the crisis —
worthy of the interests they have at stake — it will be elected.

THE MASS CONVENTION OF ELECTORS OF
RACINE COUNTY
[August 29, 1846]
Forenoon Session. This convention met, pursuant to
call at the meetinghouse, at Sylvania, on Wednesday the
twenty-sixth inst., at eleven o'clock A. M.
Convention was permanently organized by the appoint
ment of Gen. John Bullen, of Southport, president ; Theodore
Newell and Eldad Smith, vice presidents, and R. H. Deming
and Henry 0. Willson secretaries.
A committee consisting of L. P. Harvey, of Southport, C.
Marsh, of Pike, S. E. Chapman, of Rochester, Levi Grant, of
Bristol, W. H. Waterman, of Racine, S. S. Derbyshire, of
Pt. Prairie, Origin Perkins, of Burlington, Nathan Joy, of
Mt. Pleasant, NeAvman Peck, of Caledonia, W. Wheaton, of
33

514 WISCONSIN HISTORICAL COLLECTIONS
Yorkville, A. P. Foster, of Raymond, and  , of
Paris, were appointed to report resolutions expressive of
the sentiments of the meeting.
Convention adjourned to two o'clock P. M.
Afternoon Session. Committee on resolutions reported
the following resolves, which were taken up singly, dis
cussed, and adopted.
Resolved, That in the formation of a constitution for the
state of Wisconsin, the convention should enter upon the
important work with a spirit of enlightened liberality suited
to the progress and advancement of the age; and that the
elevation of the mass and the distribution of equal justice to
every class, profession, or condition, should be the great ob
ject sought to be obtained.
Resolved, That the right of suffrage should be guaran
teed to every male citizen of twenty-one years of age or
over, unless forfeited as the prescribed penalty of crime —
and that freedom of speech, equal political rights, and equal
taxation should be guarded by constitutional provisions,
without invidious distinctions on account of religion, birth;
or color.
Resolved, That universal education is the proper accom
paniment and safe-guard of universal suffrage, and that,
therefore, the cause of common schools should be among the
first objects to claim the attention of the convention, by lib
eral provisions encouraging their establishment and im
provement throughout the state.
Resolved, That the misfortunes of many of the younger
members of the confederacy should warn us to adopt a con
stitutional inhibition to the contraction of a state debt by
the legislature, unless authorized by a direct vote of the
people — except it be to repel invasion, suppress insurrec
tion, or to meet other extraordinary emergencies.
Resolved, That an extensive patronage in the appointing
power by the executive is subversive of freedom, and, there
fore, that all offices, as far as practicable, should be made
elective by the people.

POPULAR PROCEEDINGS AND DEBATE 515
Resolved, That representatives of the people should be so
selected that they may be individually responsible to, and
immediately represent, their constituencies; and therefore
that members of the legislature should be chosen by single
districts. Resolved, That in the organization of our courts, the at
tainment of justice should be made expeditious and acces
sible to the poor as well as the rich; the administration of
law should be plain, divested as much as possible of useless
forms and technicalities, and adapted to the understanding
of the people.
Resolved, That all exclusive privileges and monopolies,
whereby the few may be enabled to amass wealth at the ex
pense of the many, are contrary to the spirit of a govern
ment of true equality, and that all enterprises, pursuits, or
objects, requiring the legal association of individuals, should
be regulated by general laws from the privileges of which
none can be excluded who comply with their provisions.
After the adoption of the resolutions, on motion of R. H.
Spencer, the electors present from the different towns di
vided and selected a committee of three from each toAvn to
nominate fourteen candidates to the meeting, to be selected
as the nominees of the convention.
The committee, after consultation, reported the folloAving
names :
Otis Caldwell, Thomas Wright, Elias Smith, M. M.
Strong, R. H. Deming, L. P. Harvey, E. G. Dyer, Canfield
Marsh, Samuel E. Chapman, Jesse D. Searls, Levi Grant,
Newman Peck, Theodore Newell, Daniel C. Burgess, Ira
Pierce. After the acceptance of the report, the names reported
were taken up, individually, and their nomination confirmed
by acclamation. Mr. Levi Grant, declining, the nomination
of Ira Pierce was substituted in his place.
On motion, Geo. S. Wright, Harmon Marsh, and Origin
Perkins were appointed to confer with the nominees and

516 WISCONSIN HISTORICAL COLLECTIONS
ascertain from them their sentiments in reference to the
principles declared in the resolutions of the convention.
On motion of H. Johnson, Esq., it was resolved that we
hereby individually pledge our support to the candidates we
have this day nominated, and that we Avill use all honorable
exertions to procure their election.
Convention adjourned, sine die. John Bullen, President.
Theodore Newell,
Eldad Smith,
Vice Presidents.
Henry 0. Willson,
R. H. Deming,
Secretaries.

CONSIDERATIONS WORTHY OF REGARD IN THE
PRESENT CRISIS
[September 3, 1846]
We publish, on our first page, an expose signed by indi
viduals of the Independent Democracy, who have resolved,
like true freemen, that, at whatever hazard of personal in
terest, they will not submit to having the sacred trust of
delegate to the convention to frame our constitution made
the football of demagogues, or traded about among little
politicians whose only hope of preferment is by swapping
influence or promising immediate or remote preferment to
their fellows of the same caliber in different sections of the
county. We submit to the consideration of candid, honest,
and reflecting men, of whatever party, whether the state
ments made in the expose referred to, do not consist [sic]
with the actual facts — whether these facts are not substan
tiated by proof from the lips of the most bitter and un
scrupulous supporters of the party delegate ticket — and
whether this letter of the "Independent Democrats" to their

POPULAR PROCEEDINGS AND DEBATE 517
political friends does not lay open a well-planned and thor
oughly executed system of fraud practiced upon the un
suspecting confidence of the Democratic voters of the
county? If such questions meet an affirmative response, the peo
ple owe it to themselves to right the wrong. It does seem
to us that if a case could be supposed to happen when the
right-purposing, patriot-hearted electors, to whom we are
told to look for the correction of party corruptions, are called
upon to interpose independent and firm rebuke and resist
ance to the aggressions of their leaders, they have such a
case now before them. The crisis will not permit submis
sion to party abuses now, with the design of applying future
correction. Action at the coming election will prove, in all
probability, decisive — its effects enduring. The interests of
the population now resident in the territory, and of the hun
dreds of thousands yet to come — of present and of future
generations — both as pertaining to the protection of private
rights and the promotion of public prosperity, hang trem
bling upon the ballot about to be cast. The success of the
right Avill be permanent and fruitful of good — the triumph
of the wrong will be perpetuated in the prolific generation
of political evils.
Indifference or inaction at such a time is criminal ; but the
humblest contribution by vote or effort to the glorious re
sult of securing for our state a sound, liberal, and practical
constitution goes to accomplish a greater benefit and merits
truer honor than a participation in the mere party triumphs,
on questions of ordinary political moment, of twenty years.
We trust that such reflections are matters of general con
sideration among the people, and that the death-like earnest
ness which the assumed party leaders are using to "whip
in" voters cannot stifle honest conviction of the right, or
keep back popular rebuke of deep and dangerous wrong.
But two working days intervene between this and the elec
tion ; but let them be days of earnest, faithful labor for the
cause. We know that business presses urgently at this sea-

518 WISCONSIN HISTORICAL COLLECTIONS
son — that this is the seedtime of the year and that every
moment is precious to the farmer which withdraws him from
his furrowed fields; but the interests which three or four
days will decide cannot be measured in value by the harvests
of a single year. Let the efforts of eArery individual, then,
be worthy of the crisis, and the result will be a noble vindi
cation of popular patriotism.

TO THE DEMOCRATIC ELECTORS OF RACINE COUNTY
[September 3, 1846]
Having identified ourselves with the people's convention
in the selection of candidates presented to the electors of
this county, as delegates for a state constitution, and inas
much as the propriety of our participating in this movement
is questioned by some of the Democratic party to which we
profess to belong, we deem it proper to state briefly the rea
sons for our course of action. All Ave ask is an impartial
hearing and we have a right to expect that no honorable
man will cast any imputation upon us without first disprov
ing the premises which we offer in justification.
That according to the prevailing sentiment we, as Demo
crats, are bound to regard the decisions of our conventions
when fairly expressed, we do not pretend to deny; but on
the other hand, no intelligent man will presume to say that
we are bound by the expression of a convention of our
party when that expression is obtained by fraudulent and
dishonorable means. The Democratic convention held at
Paris on the twenty-fifth of July last for the nomination of
delegates was neither fairly called nor was its action marked
with Democratic consistency. That the convention was got
up in a clandestine manner, hurried to its consummation,
and held at a season when the great body of the people of
the county were in the midst of their harvest fields is a fact
too generally known and admitted by the candid of the

POPULAR PROCEEDINGS AND DEBATE 519
party to need any proof at our hands. That the persons
who were chiefly engaged in this underhanded movement
have not now, nor ever have had the confidence of the party
is a fact too notorious to need any further expositions. The
Southport Telegraph of July 28, speaking of the convention,
says : ' ' The meeting was called too early ; people had not yet
thought of the matter, nor had they turned their minds at
all to the selection of men they desired for candidates. It
gave an opportunity for factions and cliques, in the absence
of any consultation on the part of the people, to secure their
ends, and such we doubt not ivas the purpose of those who
urged the committee to make the call."
In many of the towns the affair was so secretly and
adroitly managed that scarce half a dozen ever heard of the
call of the town caucus, thus defrauding the people of a
voice in the selection of their delegates. But this is not all.
The convention when assembled did not regard democratic
principles in its action; it put in nomination those who for
years have not been Democrats in practice, or even in pro
fession. The Telegraph, remarking in relation to one of the
nominees, says: "We might about as well have gone into
the Whig or Abolition ranks and taken one of their number
fresh and reeking. " Others who were put in nomination by
the convention have but little if any better claims to the suf
frage of the Democratic party than the one described by the
Telegraph. Yet with all these facts, which scarcely no one
pretends to deny, we are told that the doings of the conven
tion are binding upon every Democrat [and] who [ever] is
unwilling to submit to such dictation is recreant to the
party! Indeed, if the doctrine of some of our professed
Democratic leaders be correct, any man, however immoral,
unprincipled, or profligate, who can obtain an indorsement
from a Democratic convention (no matter whether the con
vention was got up fraudulently or not) is henceforth to be
considered good and true, and no one is allowed to speak of
his Adces or faults without incurring the charge of treason
to the party. And so, too, if a Democratic convention

520 WISCONSIN HISTORICAL COLLECTIONS
chooses to nominate a candidate Avho comes "reeking" from
the ranks of another party, every member of the party is
bound to pronounce him a Democrat, good and true, and
never call his political consistency in question. We cannot
subscribe to such slavish doctrines, nor recognize the prin
ciple that the party can do no Avrong.
But we are told, if conventions are unfairly managed, the
people are alone to blame, because it [is] to their business
to attend the primary meeting and prevent unfair manage
ment. As well might it be said that the people are respon
sible for every theft that is committed by those who prowl
about in the dark to do mischief. The truth is, the great
body of the people have other employments than standing
sentinels to watch the moA^ements of those whose only busi
ness is political intrigue and chicanery. But we shall be
asked, What do we gain by refusing to recognize as binding
the doings of the Democratic convention, and by uniting
with the other political creeds? We ansAver, in the first
place, we deem it the duty of every honest man never to
sanction a wrong, because by sanctioning a wrong we are
guilty with the wrongdoers. The intrigue of getting up the
convention of the twenty-fifth ult. was a gross wrong, and
the action of the convention itself was a wrong, and if Demo
crats continue to countenance such wrongs then will such
wrongs continue to multiply.
Will it be said the ticket nominated at the people's con
vention is comprised of opposite political creeds? The same
may be said of the ticket nominated at the Democratic con
vention, if the authority which we have referred to may be
relied upon.
We are frequently told by our Democratic friends that it
is of vital importance to have a Democratic majority in the
convention to form a state constitution, in order that our
state constitution may have the full benefits of Democratic
principles. HoAvever important it may be to have Demo
cratic majorities in bodies elevated to power by the political
votes of the people, we cannot see that it has any particular

POPULAR PROCEEDINGS AND DEBATE 521
application to the business of forming a state constitution.
The convention is not expected to form a constitution for
any political party, but for the whole people. Besides, who
can tell what the views of the Democratic party are, in re
lation to the fundamental points which are to be embodied
in the constitution? So far as we can judge from the senti
ments put forth in the public prints by members of the
party, there are almost every sort of opinions entertained.
Some Democrats are for an elective judiciary, others are
opposed. Some want the constitution should prohibit the
legislature from granting bank charters; others want no
such thing. Some want biennial legislative sessions ; others
oppose it. Some want the common law thrown away; others
want to retain it. Some go for exempting a portion of real
estate from seizure from debt; others go against it. Some
want the lawyers should be a privileged profession; others
want no exclusive privileges. Some want the state prohib
ited from contracting debts except for extraordinary emer
gencies; others want no such prohibition. Some want per
sons of color to be voters ; others sneer at giving them such
a privilege. And so of every question which enters into the
formation of a state constitution ; there is the same diversity
of opinions among Democrats. Who, then, as we said be
fore, will undertake to speak for the party, and say what
are its doctrines in relation to the constitution? The Demo
crats of this county have put forth no sentiments ; the can
didates may be in favor of certain great measures which the
people desire, or they may not ; nobody can tell ; every voter
is in the dark. Such is not the case with the people's con
vention ; that body put forth some essential principles which
the candidates will be expected to carry out if elected.
But we ask again, Is the formation of a state constitution
a party measure? Let us appeal to facts. The delegates
now assembled to form a new constitution in the state of
New York were, with few exceptions, elected on strict party
grounds. That convention has now been in session three
months ; the only question in that convention which assumed

522 WISCONSIN HISTORICAL COLLECTIONS
a party character was the election of its officers. It is an
undeniable fact that, among the vast number of propositions
that have been discussed and voted upon in that body, not
one was discussed or voted upon on party grounds. Demo
crats have been arrayed against Democrats and Whigs
against Whigs upon every important question pertaining to
the constitution, which has for twelve years past been
agitated in that body. In both of the conventions to form a
constitution for Iowa scarcely a single question divided the
convention on party grounds. The same is true of the late
convention in Missouri, assembled to form a new constitu
tion for that state. We say, then, there are no facts in the
history of past conventions to form state constitutions
which justify the assumption that it is so very important
that there should be a political majority of our party in
order to obtain a good constitution. The truth is, the most
important matters in a constitution are not such as divide
the great political parties of the day ; the organization of the
judiciary department of the government is by far the most
important to the people. Yet who can tell what is%the Demo
cratic doctrine, or what the Whig doctrine, or what that of
any other party, in relation to the arrangement or organiza
tion of the judiciary department? If the people have any
particular wishes they desire to have carried out and in
corporated into the constitution, their only safety is to as
certain the views of the candidates for whom they vote. To
vote for a Whig or Democrat simply because he is a Whig
or Democrat secures no definite feature in the constitution.
None of the exciting questions which enter into national
politics have anything to do with the formation of a state
constitution. The subject of the tariff, the public lands, the
sub-treasury, the Texas question, the Oregon question, the
Mexican War, the army, the naAry, etc., etc., are all entirely
foreign to the business of framing a constitution for the
state of Wisconsin.
To the facts and Adews which we have here presented we
ask the unprejudiced attention of our Democratic friends.

POPULAR PROCEEDINGS AND DEBATE 523
If our statements are untrue and our positions unfairly
taken, all we ask is that they be met and disproved by facts
and arguments. Those who treat the positions we have
taken only with denunciation or ridicule show the wealmess
of their cause, for if we are wrong the wrong should be
shown by fair reasoning.
The constitution about to be framed for the state of Wis
consin is of vital interest to every citizen; the benefits it
Avill confer or the evils it will inflict will probably last for
many years to come. We entreat every voter for once to
rise above the consideration of mere party names, especially
as we have shown that party has nothing to do in the work.
Let us for once hold the interests of our country dearer to
ourselves and to our children than a mere political triumph.
We are about to adopt a government for the whole people,
where those of every party, sect, condition, or birth may
enjoy its general blessings. Let us then discharge our duty
as becomes freemen — unshackled by the mandates of politi
cal demagogues and party cliques, let us act independently,
fearlessly, and honestly. T. Newell,
J. R. Phelps,
B. M'Laughlin,
A. D. Loomis.
N. B. The above exposition of sentiments was written at
the suggestion of Democrats in different parts of the county,
and intended for their signatures; but, in consequence of
the want of time to submit it to their approval before the
paper publishing it goes to press, we are compelled to let it
go abroad without being signed as intended. Under these
circumstances, no one will be held responsible for the state
ments and sentiments put forth but ourselves.

524 WISCONSIN HISTORICAL COLLECTIONS
TERRITORIAL CONVENTION
[September 26, 1846]
On Monday the fifth of October the convention will as
semble at the capitol for the purpose of forming a consti
tution for the state of Wisconsin. The transactions of the
convention Avill be of far greater moment to the people than
any representative body which has ever been convened in
the territory, or any which will probably be assembled for
a number of years to come. The future destiny of Wiscon
sin, as relates to its political existence, and the character
of its governmental institutions will be essentially controlled
by the instrument which shall be framed and adopted as the
charter of the people's rights. However imperfect or im
politic may have been our legislation since our territorial
existence, it could not be productive of any lasting incon
venience for the reason that it was only temporary. The
law-making power was exercised to subserve present wants
and necessities; it was like attempts to patch and mend a
garment of little value, and make it do until an entire new
one should be obtained — until we should throw off our ter
ritorial habilaments, and pass from our minority to state
independence. But the convention is to frame for us an
instrument of a permanent and lasting character — an instru
ment which cannot be changed eATery year, as the conven
ience or good of the body politic may require. It is prob
able that nearly a quarter of a century v/ill pass away be
fore another convention will assemble to revise or make a
new constitution.
The result of the convention, therefore, is one of surpass
ing importance, and we confess ourselves rather surprised
that so little real interest appears to be manifested. Every
taxpayer, every friend of good government, of morality and
law has an interest of no small magnitude at stake. Pre
vious to the meeting of the constitutional convention in the

POPULAR PROCEEDINGS AND DEBATE 525
state of NeAv York, in some portions of the state a deep
interest was awakened among the people; public meetings
were held; the outlines of constitutional reform were dis
cussed, and the people embodied their wishes by resolutions
and other means; and it is noticeable that in those coun
ties in New York, where the most free and frequent discus
sions were had, the delegates elected to the convention have
exhibited the most strict adherence to the will of the peo
ple, and have thus far shown an unwavering determination
to carry out those great measures of reform, which the
people of that state seem to desire. That there are men in
the New York convention who are misrepresenting the
Avishes of their constituents Ave most fully believe ; if, how
ever, their constituents had at the proper time taken meas
ures to have expressed more fully and unequivocally their
wishes, doubtless those members of the convention who
falsely represent the people would have pursued a course
more compatible Avith the trust confided to them.
In this territory but little discussion has been had, and
no public meetings have been called for the express pur
pose of arriving at public sentiment in regard to the lead
ing and essential features of the constitution. The views
of not one in twenty of the delegates are known to their im
mediate constituents; and we doubt not but that a very
considerable proportion of the delegates are unable to tell
what their Adews are, relative to the prominent points in
the constitution, for the substantial reason that they have
none. Under these circumstances, it is impossible to pre
dict a single feature of our prospective constitution. A feAV
leading men Avill most likely have the fashioning of our or
ganic structure, and upon their Avill, judgment, or caprice
depends the result for good or evil. We hope for the best,
yet we cannot avoid misgivings.
The convention of NeAv York Avill doubtless have some in
fluence upon the convention of Wisconsin; a large propor
tion of our oAvn population, especially in the eastern coun
ties, came from the Empire State; hence it is natural that

526 WISCONSIN HISTORICAL COLLECTIONS
they should regard with partiality its institutions. We
have seen much of the proceedings in the New York con
vention that we admire; many excellent things have been
suggested in that body, as proper to be engrafted in the
new constitution. But if we mistake not, among the good,
we have discovered much that is bad. There are many high-
minded men in that convention above reproach, but we be
lieve that no impartial reader can have failed to discover
much of the demagogue among some of its members. There
are wire workers, who evidently design to fashion office and
their emoluments to suit the convenience of political aspir
ants, whom the knowing ones have already designated to
posts of favor. We know that such conduct seems almost
incredible, but who that has observed the vacillating course
pursued — the much talking to please the people, the adop
tion one day, and rejection the next, the making of flaming
speeches in favor of reform, and yet voting quite the re
verse — does not arrive at the opinion we have expressed?
Should influences of the kind we have named find their
way into the convention of Wisconsin sufficiently to control
its action, we believe the constitution framed will be
promptly rejected, unless there is greater imbecility in the
public mind than we have ever yet believed, or even sus
pected. Indeed, we cannot believe that the great body of
the people will go for the adoption of the constitution as it
may come from the hands of the convention, for better or
for worse, if it contains radical defects ; if it bears the im
press of being fashioned more to suit the convenience of
prospective officeholders than the people, let it never be
riveted upon this young Republic. It is true the people
can but ill afford the expense of another trial, but, rather
than entail a radical mischief or a gross wrong upon the
people for a whole generation, it would be far better to make
a half dozen trials, regardless of the expense. It will per
haps be said that to anticipate or discuss events of this kind,
and at this period, is entirely uncalled for ; we think other
wise — it is always wise to prepare for evil, although it may

POPULAR PROCEEDINGS AND DEBATE 527
appear remote, so as to be well enabled to meet the emer
gency. That the interests of the people will be greatly promoted
by going into the Union cannot be questioned by anyone;
and had Wisconsin become an independent state two years
ago, our pecuniary condition would have been much better
than it now is. That our expenses will be increased for a
time, upon our taking on ourselves the responsibilities of
government, must of course be expected ; and such would be
the result were we to defer the matter of state government
for a dozen years to come. Give us a good constitution —
a constitution that contemplates an economical govern
ment — prompt and impartial justice — no useless officers to
be supported by the people — and the sooner we assume the
attitude of a sovereign and independent state, the better.

INDEX

Abolitionists, in Wisconsin, 50, 97,
99, 467, 519; organ of, 13.
Adams, John, cited, 302.
Age limit, for judges, 242.
Agriculture, chief occupation of state,
283.
Alabama, constitution of, 9, 317; judi
ciary in, 451.
Albany, constitutional convention at,
188, 199, 210; regency, power of,
506.
Albany Daily Citizen, cited, 167.
Alfred, King of England, 328, 336,
338.
Aliens. See Foreigners.
Amendments, proposed to United
States Constitution, 30-31; provi
sion for, 290-91, 295.
American Historical Association, Re
ports, 31.
Americanization, advocated, 188-89.
See also Foreigners and Naturaliza
tion.
Ames, Fisher, cited, 244.
Ames, H. V., Proposed Amendments to
the Constitution of the United
States, 31.
Anderson,  , in Rhode Island, 394.
"Anti-Constitution" party, mass meet
ings, 27; tactics, 46-47. See also
Ratification.
Appointing power, discussed, 185-87,
217-18, 220, 224, 239-40, 242, 247,
283, 319, 349, 398, 451, 505-507,
514.
Apportionment, for delegates to con
stitutional convention, 84—85, 109-
13, 120-21, 210-11, 417; proclama
tion for, 125-27; congressional,
139; for state legislature, 232-33,
344. 34

Appropriations, for territorial legisla
ture, 24, 60-62, 67-68, 74-75, 215,
358, 372, 374-75, 420-24, 492, 501;
for constitutional convention, 376,
417, 438.
Arbitration, to supplant legal proc
esses, 304-307, 316, 335-38, 408;
discussion of, 327-28, 346.
Aristocrats, denounced, 165-66, 318.
Arkansas, constitution of, 9; prece
dents, 350; judiciary in, 451.
Arndt, Charles C. P., shot, 181.
Aroostook River, as a boundary, 215.
Ashburton. See Webster-Ashburton
Treaty.
Assembly of Wisconsin Territory, 57-
58; resolutions, 69-73; debate in,
73-93; Journal, 57, 58.
Assessment. See Taxation.
Auctions, proceeds of, 224.
"B. B.," article by, 327-28; answered,
335.
Bacon, Francis, Lord, English jurist,
315.
Baker, Charles M., in territorial coun
cil, 106-107, 109, 115; on negro
suffrage, 95; on apportionment,
111.
Baker, Florence E., "A Bibliographical
Account of the Wisconsin Consti
tutional Conventions," 37.
Ballots, for voting, 223.
Baltimore Sun, cited, 37.
Banking, provision in first constitu
tion, 26-28, 37-40, 46-48, 53, in
second constitution, 51-52; discus
sion of, 77, 155, 157-61, 172, 193,
206-10, 223, 260-63, 274-77, 287-
88, 293, 322, 353, 380, 392-93, 396-
98, 400, 402-403, 444-45, 453-58,
463, 465-66, 477, 483-85', 490, 521.

530

INDEX

Bankruptcy law, 318, 404.
Baptists, in politics, 214.
Barber, J. A., letter cited, 49.
Bark River, letter from, 226.
Barlow, S. S., secretary, 494.
"Barnburners." See Locofocos.
Barry, John S., governor of Michigan,
158.
Baton Rouge (La.), delegate, 389.
Beetown, resident, 340.
Beloit, Liberty meeting at, 494-95.
Beloit College, organized, 49.
Bennett, Stephen 0., candidate, 507.
Benton, Thomas Hart, on admission,
433, 435-36.
Bicameral legislature, advocated, 232.
Biddle, Nicholas, president of United
States bank, 260-61.
Biennial sessions, proposed for legisla
ture, 281-84, 521; opposed, 319-
20, 343, 441-44.
Bigelow, John, democratic principles,
41, 44; Retrospections of an Ac
tive Life, 41.
Binghampton bank, 161.
Black Earth Creek, settlement on, 490.
Black Hawk purchase, 33.
Blackstone, Sir William, cited, 336-
37, 442, 469.
Botkin, Alexander, Whig voter, 411.
Boundaries, infringement of, 18, 22,
23, 75-76, 113, 133, 356, 363-64,
487; southern, 18-21, 25, 357, 365,
488, northeastern, 18, 130, 357, 365,
488; northwestern, 25, 131-36, 486;
debated in territorial assembly, 70;
in Congress, 130-36; in enabling
act, 136-37, 437-38, 461, 486; of
Iowa, 35, 65.
Bowie County (Texas), size, 307.
Brauer, Lydia M., aid acknowledged,
17.
Brawley, Abraham, on halfbreed fran
chise, 87-88.
Breese, Sidney, Illinois senator, 78.
Brent,  , in Louisiana convention,
389.

Brighton township, in Racine County,
197.
Brinkerhoff, Jacob, in Congress, 131.
Bristol, committeeman of, 513.
Britt, Chauneey C, articles addressed
to, 356-65.
Brothertown Indians, franchise for,
88.
Brown, Armstead C, in territorial leg
islature, 86-87.
Brown, Beriah, editor, 356, 385; mem
ber of Democratic committee, 397,
400, 402.
Brown, John A., editor of the Milwau
kee Courier, 221.
Brown County, opposes southern an
nexation, 19; ratifies first constitu
tion, 48 ; number of delegates, 126 ;
candidates, 197.
Brule Lake, boundary line along, 137.
Brule River, as a boundary, 137.
Buchanan, James, United States sena
tor, 433, 435-36.
Buena Vista, battle of, 46.
Bullen, Gen. John, presides at mass
meeting, 513, 516.
Burgess, Daniel C, candidate, 515.
Burlington, candidate of, 507, 513.
Burnett, Thomas P., in territorial leg
islature, 57; debate on census, 82-
84; on apportionment, 85; on fran
chise, 87-89; candidate for dele
gate, 339-42.
Bushnell, Chester, member of Demo
cratic committee, 397, 400-402.
Butler, Benjamin F., attorney general,
160.
Butterfield, B. ("Jefferson"), articles
by, 184-87, 194-95.
Caldwell, Otis, candidate, 515.
Caledonia township, candidate of, 507,
513.
California, constitution of, 9, 43.
Callaghan,  , Racine County resi
dent, 196.
Calumet County, number of delegates,
126; candidates, 197.

INDEX

531

Canada, emigrants from, 34; trans
portation through, 78; banks in,
207; boundary, 435.
Canals, in territorial period, 71, 78;
land grant for, 216. See also In
ternal Improvements.
Canton (Ohio) bank, 161.
Capital, need for, 22, 205-206, 215,
225.
Capital punishment, discussed, 181-82,
189-90, 237-39, 464.
Carlin, Gov. Thomas, Doty's message
to, 20.
Carr, Peter, letter to, 330-31.
Cartter, James B., candidate, 507.
Cass, Lewis, financial policy, 160.
Catholic priests, should not be in pol
itics, 214.
Catlin, John, in territorial council, 107,
116; on negro suffrage, 96-97, 99,
104-105.
Census, appropriation for, 72, 105-
108, 120, 417; arrangements for,
82-83, 93, 114, 118-20.
Ceresco, resident, 52.
Chapman, Samuel E., candidate, 515;
on committee, 513.
Charleston (S. C.) Courier, cited, 31.
Chase, Warren, letter cited, 52.
Chicago, settled, 33; internal improve
ments convention at, 50.
Chicago Daily Democrat, cited, 50.
Chippewa County, officials of, 83, 122;
census in, 120; number of dele
gates, 126.
Chippewa River, as a boundary, 438.
Circleville (Ohio) bank, 161.
Clark, Darwin, member of Democratic
committee, 397, 400-402.
Clay, Henry, candidate for president,
296; views on admission, 432.
Clayton, Thomas, United States sena
tor, 432-33, 435.
Coal, in Wisconsin, 77.
Coeducation, in the West, 45.
Coffin,  , Racine County resident,
197.
Coinage, right of, 456-57, 485.

Coke, Sir Edward, English jurist, 315.
Collection laws, discussed, 497-500.
Colleges, should not be state subsidized,
279-80. See also State Universi
ties.
Collins, A. L., Whig leader, 393.
Colonial agents, in British Parliament,
360.
Columbia County, number of delegates,
126; candidates, 197.
Common law, independent of the con
stitution, 289-90, 345; should be
eliminated, 303-304, 345, 521.
Common schools. See Schools.
Compensation laws, 282.
Conciliation. See Arbitration.
"Concordia," article on Judiciary, 148-
52.
Congress, naturalization power, 102,
122, 124, 229, 340^1, 390, 413;
territorial admission, 18, 23, 25, 29,
35-36, 114-16, 124, 130, 413-16, 420,
423, 426, 434-36, 438 ; admission of
Wisconsin, 127-40, 436-39; appro
priations for legislature, 24, 60-62,
67-68, 74-75, 215, 249, 358, 372,
374-75, 418-24, 427, 501; for con
stitutional convention, 376, 438;
memorial to, 23, 75, 418; territorial
delegates to, 25, 47, 49, 69, 72, 117,
249-50, 358-60.
Congressional Globe, cited, 127-31.
Connecticut, exemption in, 52; banks
in, 208; judicial elections in, 391,
451.
Constantine, laws of, 327, 336.
Constantine (Mich.) bank, 161.
Constitutional conventions. See First
and Second Constitutional Conven
tions.
Constitutions, theory of, 290, 294-95,
311-13, 332-33, 343, 348^9, 404;
principles for formation of, 495-
97, 508-509, 511, 516-23, 524-27.
Copper, in Wisconsin, 77.
Cornelius, G., letter to, cited, 32.
Cottage Grove, vote in, 202.

532

INDEX

Council, of Wisconsin Territory, mem
bers of joint select committee, 57;
proceedings, 93-109; debate in,
109-16; Journal, 57-60.
Counties, organization of, 243, 307-
308; as an election unit, 297-301.
Cram, Thomas J., surveys northeast
boundary, 137.
Crawford, John, in territorial legisla
ture, 86.
Crawford County, sheriff of, 83; court
of, 88; status of, 106; delegates,
108; number of delegates, 126;
candidates, 197.
Criminal code, character of, 464.
Croswell, Caleb, speech, 73-82.
Currency, need for, 206-208, 275-76,
286-89, 454-58; issued by corpora
tions, 322.
"D", letter from, 226-30.
Dallas, George M., financial policy,
160.
Dane County, delegates, 126; Whig
candidates nominated, 152-54, 159,
162-63 ; Democratic candidates,
192, 197, 396^02 ; election in, 174,
202; principles of, 394; vote on
statehood, 19; representatives, 99;
foreigners in, 410, 490-91.
Darling, Mason C, in debate on cen
sus, 84-85; on apportionment, 85;
speaker of assembly, 124.
Davis,  , on Southport committee,
493.
Davis, J. G., letter from, cited, 32.
Death penalty. See Capital Punish
ment.
Declaration of Independence, drafted,
110; cited, 318.
Delavan, residents, 494.
Delegates. See Congress.
Deming, R. H., presides at Southport
meeting, 493-94; secretary of con
vention, 513, 516; candidate, 515.
Democratic party, newspapers, 12-13,
168-69; in power, 30; loses power,
50; divisions in, 27, 37, 40, 48, 53;

position on statehood, 23-24, 426-
27; on franchise, 26, 190, 194-95,
224, 227, 440; appeals to foreign
ers, 190-98, 202-205, 226-30, 353,
440, 488-91; candidates questioned,
168-74, 225, 395-403; qualifica
tions, 251, 507-508, 516-23; in
first convention, 26, 30, 293 ; in sec
ond convention, 28, 50-51; in terri
torial assembly, 19-20, 22, 24;
nominating conventions, 20, 402-
403, 516-23; ideals embodied in
constitutions, 30-32, 34, 4L42, 44,
47, 52-53, 218, 221, 227, 293, 297,
378, 467, 520-23.
Democratic Review, cited, 41, 44, 282,
378, 380, 381, 386-87, 469.
Derbyshire, S. S., on committee, 513.
Dewey, Nelson, first governor of state,
53; president of territorial council,
124.
Dick, Thomas, Practical Astronomy,
cited, 182.
Dickerson, O. M., The Illinois Consti
tutional Convention of 1862, 40.
Dickinson (Dickerson), Nathaniel, can
didate, 507.
Dillingham Jr., Paul, debates Wiscon
sin bill, 135.
Distribution of power, in American
constitutions, 343-44, 386.
District system of elections. See
Elections.
Divine right of rulers, 311.
Divorce, removed from legislature,
381.
Dodge, Augustus C, letter cited, 49.
Dodge, Henry, territorial delegate,
426-27; governor, 26, 28, 124; mes
sages, 18, 25, 35, 57, 59; proclama
tion, 36, 125-27; opinions, 222;
candidate for state governor, 216,
344.
Dodge County, number of delegates,
126; candidates, 197.
Dodgeville, letter from, 335.
Dorr rebellion, in Rhode Island, 394.

INDEX

533

Doty, James Duane, becomes governor,
19; removed, 24; agitates for state
hood, 19-21, 24.
Douglas, Stephen A., chairman of
committee on territories, 25, 127;
debates Wisconsin bill, 128, 134.
Dromgoole, George C, debates Wis
consin bill, 129, 133.
Dubuque (Iowa), settled, 33.
Dunn, Charles, chief justice of Wis
consin Territory, 115.
Dunning, Abel, candidate for conven
tion, 401-402.
Durkee, Charles, on Southport com
mittee, 494; president of Liberty
Association, 494.
Dyer, E. G., candidate, 515.
Education. See Colleges, Schools,
and State Universities.
Elections, district system advocated,
184-85, 199, 297-301, 358, 408-
409, 463, 515; methods, 445-47,
474-75; of all officials by people,
322, 353, 397-98, 401-402, 514;
purity in, 270. See also Offices.
Enabling act, for Wisconsin, 136-40;
discussed, 436-39.
England, precedents from, 241—42, 302,
311, 314-15, 333, 336-38, 345, 469;
treaty with, 23, 215 ; public debt of,
176.
English immigrants, to Wisconsin,
202-204, 227, 230, 410, 490; appeal
to, 489.
Erie Canal, route via, 78.
"Excelsior Society," in Milwaukee, 46.
Executive, theory of, 185-86, 344-45;
plans for, 236-38, 320; appointing
power, 505-507. See also Appoint
ing Power, and Veto.
Exemption provision, in Texas, 305,
382; in first constitution, 26, 28, 40,
43, 46^7 ; omitted from second, 51-
52; discussion of, 155, 164-66, 172-
73, 224, 253-56, 305, 366-67, 377-
78, 397, 399, 401-402, 404-406,
464, 466, 477-78, 500, 521.

Ewing, Thomas, United States sena
tor, 432-33.
"Farmer of Grant." See McKee,
Stewart.
Federalists, in the West, 35; prin
ciples, 245.
Fees, should be abolished, 292, 506.
First Constitutional Convention, time
of, 14-15, 26, 45, 113-16, 123, 198,
377, 524; place, 109, 115, 123;
number of delegates, 109, 125-27,
295; candidates questioned, 319-
20, 339, 400-404; delegates elected,
26, 121-23, 249-50, 525-26; pay
for, 86, 93, 107-109, 123, 376; de
bates, 27, 36-45; journal of, 11,
16, 38-39, 42, 44; expenses, 376,
417, 438; work rejected, 27, 45-48,
526.
Fitzsimmons, Daniel, article by, 221-
25.
Florida, admitted to the Union, 25, 69,
113, 357, 360, 373; Indian war in.
426; constitution of, 443.
Fond du Lac, delegate, 38.
Fond du Lac County, number of dele
gates, 126.
Foreigners, in Wisconsin Territory, 22,
84-85; desire statehood, 23; Ameri
canization of, 188, 222; appeals to,
190-92, 202-203, 226-30, 410-11,
489-91; franchise for first conven
tion, 22-23, 26, 40-43, 87-89, 102-
103, 105, 117, 122-24, 164, 194-95,
221-22, 224, 226-30, 234, 321, 340-
42, 353, 397-98, 400-403, 412-16,
439-41; vote with Democrats, 440,
488; suffrage provision for, 190-92,
221-22, 224, 320, 338^1, 352, 411-
15. See also English, French, Ger
mans, Irish, and Norwegians.
Foster, A. P., on committee, 514.
Fourierism, in Wisconsin, 45.
Fox (Neenah) River, improvement of,
71; college on, 49.
Fox-Wisconsin canal proposed, 71, 78.

534

INDEX

Franchise. See Foreigners and Suf
frage.
Frank, Michael, chairman of joint
committee on statehood, 57, 69; on
negro suffrage, 94, 97, 105; on or
ganization of convention, 107;
speech, 493; on Southport commit
tee, 494.
Franklin, Benjamin, philosopher, 302;
cited, 319.
Franklin, F. G., The Legislative His
tory of Naturalization, 43.
Franklin (Wis.), letter from, 215.
French immigrants in Wisconsin, 188;
language in the schools, 280.
French, Haynes, candidate, 507.
"Friends of' the Constitution," mass
meetings of, 27.
Fuller, Benjamin, candidate for dele
gate, 172-73, 400-401.
Galena (111.), desires union with Wis
consin, 18; settled, 33.
Gallipolis (Ohio), bank, 161.
Gardwell, Godek, article cited, 286.
Gaston, Rev. A., editor, 494.
Georgia, exemption in, 52; judiciary,
451.
German language, in the schools, 280;
press, 13.
Germans, desire statehood, 22; favor
the constitution, 29, 43, 48; need
for schools, 188; appeals to, 190-
92, 202-203, 205, 227, 411, 489; in
Massachusetts, 308.
Gerrymandering, should be prevented,
300.
Gibson, Moses S., cited, 38.
Girard, Stephen, banker, 456.
Goodspeed, W. A., History of Outa
gamie County, 49.
Gorstville, an English settlement, 202,
490.
Governor. See Executive.
Grant, Levi, on committee, 513; candi
date, 515.

Grant County, in territorial legisla
ture, 102; number of delegates for,
126; candidates, 197, 305, 323, 334,
339-42, 353-54; election in, 355;
opposes foreigners' franchise, 87,
340-42, 353, 418.
Gray, Billy, banker, 456.
Great Britain. See England.
Great Lakes, head of, 33.
Green Bay, boundary in, 137.
Green Bay (city) public meeting at,
19; proposed as convention seat,
109.
Green Bay Intelligencer, first newspa
per in Wisconsin, 12.
Green Bay Republican, cited, 21, 24-
25.
Green County, number of delegates,
126; candidates, 197; Liberty
party delegates, 494.

Halfbreeds, franchise for, 87-88, 96;
status of, 88.
Hall,  , Southport resident, 507.
Hall, James H, candidate, 507.
Hamilton, Alexander, principles, 179,
244; cited, 302.
Harkins, Daniel, resident of Racine
County, 196; candidate, 507.
Harrison, William Henry, president,
194; appointees, 34.
Harvey, L. P., secretary of Southport
meeting, 493-94; member of com
mittee, 494, 513; candidate, 515.
; Helfenstein, J. W., letter cited, 40.
j "Hibemicus," article by, 215-17.
i History of Washington and Ozaukee
Counties, 43.
Hoffman, Michael, legal reformer, 471.
Hoge, Joseph P., congressman, 131.
Holmes, F. L., "First Constitutional
Convention in Wisconsin," 36, 44,
48.
Holt, Benjamin, chairman of Demo
cratic committee, 171, 397, 400-402.
Homestead exemption. See Exemp
tion.

INDEX

535

House of Representatives, Journal,
cited, 127-28.
Hunkers, branch of Democratic party,
37, 40, 41, 160, 391, 406; oppose
first constitution, 44-45, 48; organ
of, 44, 385.

Illinois, boundary dispute with, 18-
21, 23, 25, 70, 75-76, 113, 136-37,
357, 365; debt of, 18, 176, 251;
lands in, 33; emigrants from, 33;
judiciary in, 451; Liberty party,
494; precedents from, 283, 317,
351, 442-43; constitutions of, 9, 31,
39, 40; Journal of Convention, 39.
Illinois and Michigan Canal, 78.
Illinois Territory, Wisconsin a part of,
309.
Immigration, desire for, 22, 225. See
also Foreigners.
Imprisonment for debt, discussed, 304,
464. See also Exemption.
Incorporation, powers of, 223, 261-62,
281, 290, 319, 322, 380; discussion
of, 464, 515. See also Banking.
Indebtedness. See State Debt.
Independent Democrats, manifesto,
516-23.
Indiana, constitution of, 10, 31-32;
cheap lands in, 33; banks, 207; ju
diciary, 451.
Indiana Magazine of History, 32.
Indians, village, 137; franchise for, 88,
96, 118. See also Halfbreeds.
Interest, legal rates, 288-89.
Internal Improvements, request for,
23, 67, 70-71, 132, 215-16, 365;
convention for, 50; regulation of,
46, 130, 252; land grant for, 140,
216, 357; discussion of, 283, 426.
Iowa, newspapers in, 12 ; settlement of,
33; enters the Union, 23, 25, 33,
114-15, 357, 360, 437; constitu
tional conventions, 34-36, 40, 522;
constitutions, 9, 31-32, 39, 62, 65,
153, 440; appropriations for, 421;
precedents from, 223-24, 347.

Iowa Capital Reporter, cited, 441; ar
ticle from, 442-44.
Iowa County, and ratification of first
constitution, 47-48; petitions for
statehood, 357; method favored,
418 ; courts in, 115 ; representatives,
94, 341; opposes abolitionism, 97;
standard of living, 99; number of
delegates, 126 ; election in, 197, 202,
491 ; settlement in, 410, 490.
Iowa Territory, organized, 33; admis
sion of, 357, 360-61.
Irish, immigrants in Wisconsin, 188,
190-92, 227, 230, 411, as delegates,
196-98 ; vote with Democrats, 202-
203, 205, 321, 489; should be nat
uralized, 216, 222; in Massachu
setts, 308.
Iron ore, in Wisconsin, 77.

"J. T. M.," article by, 351-53.
Jackson, Andrew, democracy of, 30-
32, 34-35, 39 ; banking system, 160,
260; appointees, 222.
Jackson, Andrew B., in territorial leg
islature, 85.
"Jacob Faithful," articles by, 323-24,
332-34.
James II, cited, 241.
Janesville, growth of, 49.
Janesville Gazette, cited, 271-72.
Jefferson, Thomas, Democratic prin
ciples, 35, 179, 302, 386, 391; au
thor of Declaration of Independ
ence, 110, 318; religious principles,
330-31.
"Jefferson," of Madison, letters of,
382-91.
"Jefferson," of Milwaukee. See But-
terfield.
Jefferson County, number of delegates,
126; candidates, 197; Liberty party
delegates, 494.
Jeffreys, George, partisan judge, 241.
Johnson H., at convention, 516.
Joy, Nathan, on committee, 513.

536

INDEX

Judiciary, in territorial days, 24, 26,
66, 145, 241, 390; theory of, 333-
34, 336-38, 345-46; provision for,
in first constitution, 26, 38, 40-41,
47; in second constitution, 28, 51-
52; in enabling act, 138; districts,
347—49; three methods of choos
ing, 199-200, 349; 450-51, 473-77,
522; election by people, 148-52,
154, 173, 199-202, 217, 244-47,
256-59, 284-86, 314-15, 320, 322,
323, 350, 353, 382-91, 397-98, 400,
403-404, 459-62, 502-505, 521;
election by legislature, 200, 218,
223, 315, 349-50, 445-53, 464, 502;
appointment, 200, 218-20, 239-42,
349, 383, 464, 479-81, 502-503,
505; salaries for, 65, 151-52, 256-
57, 265-66, 346-47, 479.
Jury duty, discussed, 265; right of
trial by, 304, 328, 337-38.
Justice, primitive administration of,
309.
Justices of the peace, legislation for,
147; election of, 201, 217, 322, 350-
51, 383, 385, 461; duties of, 265-
66, 267, 271-74; jurisdiction of,
351, 385.

"K," articles by, 144-48, 168-70.
Kalamazoo (Mich.) Gazette, cited, 44.
Kamenistiquia, on international bound
ary, 365.
Kansas, constitution of, 32.
Kellogg, Chauncey, candidate, 507.
Kellogg, Lafayette, secretary of first
constitutional convention, 26.
Kellogg, Louise Phelps, introductory
account, 17-29; "Alien Suffrage
Provision," 412.
Kelloggs' Corners, in Racine County,
196.
Kenosha. See Southport.
Kent, James, Commentaries, cited, 219,
245, 420, 470.
Kentucky, constitution of, 9, 31; emi
grants from, 33.

Kercheval, Samuel, Jefferson's letter
to, 391.
Kewaunee, harbor, 70.
Kilbourn, Byron, in second constitu
tional convention, 51; letter cited,
46.
Kimball, Jacob H, in territorial coun
cil, 93, 97, 105.
King, Rufus, delegate to second consti
tutional convention, 51.
Kirtland bank, 161.
Knapp, J. G., member of Democratic
committee, 397, 400-402; letter
cited, 47.
Kneeland, James, in territorial coun
cil, 108; on negro suffrage, 105.
Knowlton, William, in territorial coun
cil, 106-107, 108-109, 112, 116; on
representation, 109-10, 115.
Know Nothing party, policy of, 22,
42, 167-68, 216, 222, 321; origin of,
162; Whig alliance with, 203-205,
227-30.

Lake County (111.) Herald, 37.
Lake Mills, settlement, 34.
Lake of the Desert. See Vieux Desert
Lac.
Lake of the Woods, 134.
Lakin, George W., Papers, 49.
Lancaster, newspapers, 13; resident,
49, 339.
Lancaster Wisconsin Herald, articles
from, 339-55.
Land grants for canals, 216; educa
tion, 26, 62-64, 139-40, 223-24,
277-80, 317-18, 364, 375, 464, 486;
internal improvements, 140, 357,
364, 487; public buildings, 139^0,
364, 486 ; railroads, 71, 78.
Lands, public, 33, 66, 364, 374, 522;
price, 216, 374; distribution of pro
ceeds of, 19, 24, 62-63, 72, 140, 357,
374; in enabling act, 139-40, 486-
87; restriction on holdings, 155;
for schools, 26, 62-64, 139-40, 223,
277-78, 364, 486; speculation in,

INDEX

537

43; resolutions on, 70-71; grants
of, 66, 364, 374-75; mineral re
serves, 357, 360-64, 375.
La Pointe County, officials of, 83, 122;
census in, 120; number of dele
gates, 126.
Law Reporter, cited, 472.
Lawrence Institute, chartered, 49.
Laws, revision of, needed, 68, 75, 243,
375, 424; code of, 290; object of,
348.
Laws of Wisconsin Territory, cited,
42, 58, 117.
Lawyers, in constitutional convention,
295-96, 323-24; duty of, 345; ter
ritorial officials, 370; should be in
eligible, 305-306, 316, 370, 431, 521.
Lead, shipments of, 216.
Lead mine district, in Wisconsin, news
papers of, 13; opposes foreigners'
franchise, 24; settlement of, 33,
309; opinions of, 37-38; commer
cial needs of, 215; justice courts in,
350.
Leasing system for mineral lands, 357,
362-64.
Lebanon (Ohio) bank, 161.
Lee, Oliver, banker, 456.
Legal reform, discussed, 406-408, 467-
73; resolutions on, 515.
Legal tender, discussion of, 465.
Leggett, William, cited, 406-407.
Legislation, dangers from, 146-48,
239; restriction of, 155-56, 283.
Legislators, qualities of, 186-87, 283,
315.
Legislatures, theories of, 319-20, 343-
44; plans for, 232-34, 408-10, 463-
65; special sessions, 284. See also
Bicameral and Biennial.
Liability of state, 290-91.
Liberty party, in Wisconsin, 23, 226-
27; opposes constitutions, 27-28;
annual meeting of, 494-95; candi
dates, 494, 509.
Life tenure, opposed by the people,
386-87.

Lincoln, C. J., Constitutional Histdry
of New York, 39.
Lisbon, communication from, 183, 189;
vote in, 230.
Litigation, evils of, 347-48. See also
Arbitration and Legal Reform.
Livingston Code of Law, cited, 470.
Local government, in United States,
32.
Locofocos (Barnburners, Tadpoles),-
branch of Democratic party, 37, 41,
49, 52, 160-64, 193, 410, 489, 507,
509; in Iowa, 153; definition of,
156-57; dissenters, 167.
Loomis, A., on legal reform, 472.
Loomis, A. D., signs manifesto, 523.
Louisiana, constitutional convention,
36, 389; legal rate of interest in,
288; precedents from, 380-81, 386,
443; judiciary in, 451.
Louisiana purchase, 134.
Louisville (Ky.) Democrat, cited, 44.
Lovell, Frederick S., at Southport,
493; on committee, 494; candidate,
507.
Lucas, Robert, governor of Iowa, 35.
McClain, Emlin, "The Constitutional
Convention," 32.
McClelland, Robert, debates Wisconsin
bill, 130-31.
McDuffie, George, cited, 96.
McHugh, Thomas, secretary of second
constitutional convention, 28.
Mack, J. G. D., aid acknowledged, 32,
34.
McKay, James J., chairman of Con
gressional committee, 368.
McKee, Stewart ("Farmer of Grant")
articles by, 302-309, 312-14, 315-
18, 335-38; questioned, 327-28;
candidate, 305, 335 ; education, 336.
Mackintosh, Sir James, cited, 241.
McLaughlin, B., signs manifesto, 523.
MeMaster, J. B., History of the People
of the United States, 31.
Madison, James, interprets constitu
tion, 30.

538

INDEX

Madison, settlement of, 34; news
papers, 12-13, 20, 168, 356;
territorial legislature at, 59, 224-
25; supreme court, 339-40; consti-
tional convention, 35, 108-109, 123,
198, 524.
Madison Argus, editor, 49, 192, 404;
policy, 44, 47, 161; articles from,
412-91; controversy with, 167-70,
192-93, 384-91; cited, 24, 37-38,
42, 45, 47-50, 73, 86, 172, 212, 274,
284, 367, 370, 384, 503.
Madison Express, articles from, 143-
75, 393; debate, 82; proceedings,
93; cited, 25, 49, 69, 125, 394.
Madison Wisconsin Democrat, history
of, 37, 356; editor, 356; articles
from, 366—411; controversy with,
167; cited, 36-38, 41, 44, 47, 50-
51, 53, 202.
Madison Wisconsin Enquirer, pur
chased, 20.
Magone, James, in territorial legisla
ture, 86.
Maine, banks in, 208.
Manhattan bank, 161.
Manitowoc, harbor, 70.
Manitowoc County, number of dele
gates, 126; candidates, 197.
Marquette County, number of dele
gates, 126; candidates, 197.
Married Women's rights. See Women.
Marsh, Canfield, candidate, 515; on
committee, 513.
Marsh, Harmon, on committee, 515.
Marsh, J. L., editor of Platteville
American, 323, 332.
Marshall, John, interprets the consti
tution, 30.
Martin, Morgan L., territorial delegate,
25, 47, 49, 128, 136, 422 ; president
of second constitutional convention,
28, 51, 52 ; speech in Congress, 133 ;
introduces enabling act, 436, 462.
Martyr, Justin, cited, 325.
Massachusetts, precedents of, 100, 110,
409; banks in, 207-208; property
qualification for suffrage, 308;
judiciary, 451.

Melish, John, map of, 134.
Menominee, in Waukesha County, 230.
Menominee River, as a boundary, 137;
islands in, 137.
Mexican War, Whigs win, 46; a na
tional problem, 522.
Michigan, boundary line, 136-37;
boundary dispute with, 18, 23, 70,
76, 113, 130, 357, 365; territorial
legislature, 423; admitW to Union,
33, 433, 435-36 ; constitution of, 10,
31-32, 251; exemption in, 44, 52;
banks, 38, 158-61, 207; judiciary,
451; precedents from, 182, 238,
283.
Michigan Lake, western shore settled,
33-34; railroad to, 71, 78; harbors
of, 71, 78; boundary in, 136-37;
southern bend of, 365, 436.
Militia, exemptions, 368.
Milward, Daisy, aid acknowledged, 17.
Milwaukee, harbor, 70 ; commerce, 215-
16, 225; settled, 33, 49; German
meeting at, 22; candidates, 197;
delegates, 37-38, 51 ; newspapers,
12-13 ; election, 197 ; convention
proposed for, 109, 115; ratification
in, 47; New York society, 46.
Milwaukee and Mississippi Railroad,
proposed, 79.
Milwaukee County, court in, 86, 115;
method of statehood favored by,
418, 432 ; Norwegians in, 105 ; num
ber of delegates, 126; candidates,
198; legislative members, 227; Lib
erty party delegates, 494.
Milwaukee Courier, editor, 221; arti
cles from, 211-47; cited, 21, 38, 41,
44, 417.
Milwaukee Sentinel and Gazette, edi
tor, 51; articles from, 175-210;
controversy with, 488, 491; cited,
34, 37-39, 50, 213, 410-11, 489-90.
Milwaukee Volksfreund, 13.
Milwaukee Wisconsin Banner, 13;
cited, 184.
"Miner of Grant," articles by, 320-21,
323-26, 327-31 ; answered, 333.
Mineral lands. See Lands.

INDEX

539

Mineral Point, settled, 33; resident,
11; newspapers, 13; delegate, 37;
proposed as convention seat, 109.
Mineral Point Democrat, articles from,
356-65; sketch of, 356; cited, 44,
417.
Mining resources of state, 77, 283,
356-57. See also Lead Mine Dis
trict.
Ministers of the gospel, eligibility for
office, 211-14, 305, 367-70, 429-32,
464, 466-78, 481-83. See also Re
ligious Test.
Minnesota, constitution of, 10, 32.
Minorities, discussed, 354-55.
Mississippi, constitution of, 9, 41, 219 ;
election of judges in, 389-90, 504;
repudiation in, 499.
Mississippi River, navigation of, 71,
78, 309 ; railroad to, 71 ; source of,
133-34; as a boundary, 137; juris
diction on, 138; settlements on, 24,
33.
Mississippi Valley, political revolution
in, 30-31, 34, 37; constitutions of
states in, 32; upper portion, 33;
banking troubles in, 39.
Mississippi Valley Historical Review,
30.
Missouri, cheap lands in, 33; emi
grants from, 33 ; constitutional con
vention, 40, 522; constitution, 9, 31,
39, 199, 317, 381, 386, 388, 443; ju
diciary, 451.
Missouri Compromise, effect of, 361.
Missouri River, 33.
Mitchell, Alexander, banker, 47. See
also Wisconsin Marine and Fire In
surance Company.
Monmouth's rebellion, cited, 241.
Montreal River, as a boundary, 137.
Mooers, Benjamin H, in territorial
legislature, 57, 83-86.
Morris, Thomas, United States sena
tor, 433.
Morrow, Elisha, in territorial legisla
ture, 57, 84, 85; speech on state
hood bill, 88-93.

Mount Pleasant township, candidate
of, 507, 513.
Murphy, Dennis, in Iowa County, 197.
Native American. See Know Noth
ing party.
Naturalization law, of United States,
43, 117, 122, 124, 194, 222-23, 229,
321, 340-41, 412-13.
Neenah River. See Fox River.
Negro suffrage, discussion of, 88, 93-
105, 161-62, 182, 226-30, 234-36,
393-94, 521; resolutions on, 494-
95, 514; note on, 27, 42, 48.
New England, immigrants from, 13,
34; free schools in, 188; legal rate
of interest, 288.
New Hampshire, suffrage in, 162; cap
ital punishment, 182; banks, 208;
judiciary, 451.
New Jersey, constitution of, 32, 386;
banks in, 208; judiciary, 451.
New Orleans, as a port, 216; letter
from, 389; battle of, 222.
New York (state), immigrants from,
13, 34, 46; schools in, 188; banks,
207-10; judiciary, 257, 322, 347,
451; rate of interest, 288; aristoc
racy, 163; constitutional conven
tion, 152, 162, 188, 209, 245, 268,
270, 285-86, 290-92, 387-88, 490-
92, 496, 505-507, 521-22, 525-26;
precedents from, 26, 36, 38, 40, 41,
80, 100, 109-10, 152, 200-201, 210,
212, 217, 256, 262, 267, 281, 285,
322, 377, 394, 407, 428, 477, 525-26.
New York Aurora, cited, 162.
New York City, Know-nothingism in,
162, 167; influence on legislation,
297.
New York Nation, cited, 53.
Newell, Theodore, on Southport com
mittee, 493, 513, 516; candidate,
515; signs manifesto, 523.
Newspapers, in Wisconsin Historical
library, 11-13; in 1841, 20; favor
statehood, 23-24; favor second con
stitution, 29.

540

INDEX

Nicollet, Joseph N., map of, 134, 137.
Niles, John M., United States senator,
433.
Nisi prius methods, proposed in first
constitution, 26.
Noonan, Josiah A., letters cited, 51-52.
North Carolina, judiciary in, 451.
Northwest, settlement, 33-34.
Northwest Territory, states formed
from, 18, 129, 132-34, 435.
Norwegians, in Wisconsin, 96, 98-99,
105, 234; schools for, 188; favor
constitution, 29; vote with Demo
crats, 174, 202, 410-11, 488.
Nunns, Annie A., aid acknowledged,
17.
Oakland County (Mich.), bank fail
ure, 38.
Oath provision, in constitution, 42-43;
discussion of, 328-32.
Offices, of the state, number, 267-70,
283; elective, 292, 514; term for,
462. See also Election and Judi
ciary.
Ohio, constitution of, 10, 31-32, emi
grants from, 34; public debt of,
176; banks in, 207; judiciary, 451;
Michigan boundary with, 357, 436.
Ohio River, as a boundary, 133.
Ohio Valley, emigrants from, 33.
Ordinance of 1787, cited, 36, 103, 359,
434-35, 438, 487; boundary provi
sions, 18, 20, 70, 128, 132, 133;
population provision, 356-359.
Oregon, constitution of, 32; admission
of, 361, 522.
"Ormond," articles by, 41, 218-20,
231-44; reply to, 244-47.
Owl Creek bank, 161.
Pacific Railroad, proposals for, 78-
79.
Panics, of 1837, 31, 33-34, 39, 43; of
1857, 31.
Pardoning power, discussed, 237.
Paris township, candidate of, 507,
514; convention held in, 518.

Parker, Luther, in territorial legisla
ture, 85.
Parsons, Chatfield H. (S.), candidate,
507.
Patronage. See Appointing Power
and Spoils System.
Paul, of Tarsus, cited, 327.
Paxson, Frederic L., aid acknowledged,
17; discussion of the Wisconsin
constitution, 30-53; "The Constitu
tion of Texas," 39.
Pecatonica River, navigation of, 78.
Peck, Newman, on committee, 513;
candidate, 515.
Pennsylvania, free negroes in, 100;
public debt, 176; precedents of,
200 ; banks in, 208 ; judiciary, 451.
Perjury, dangers of, 328.
Perkins, Origin, on committee, 513,
515.
Phelps, J. R., signs manifesto, 523.
Phelps, Noah, in debate on census, 83;
remarks on Milwaukee, 86; motion,
86.
Philadelphia, Know-nothingism in, 162,
203.
Pierce, Ira, candidate, 515.
Pigeon River, on international bound
ary, 365.
Pike township, candidate of, 507, 513.
Platteville, newspapers, 13.
Platteville Independent American, edi
tor, 323, 332; articles from, 302-38.
Pleadings, in law courts, reform of,
467-73.
Pleasant Prairie, candidate from, 507,
513.
Pole, Charles, in territorial legislature,
341.
Polk, James K., signs Wisconsin en
abling act, 25, 128; appointees, 34,
161; veto, 46, 50; financial policy,
160.
Pope, Alexander, Essay on Man, 330.
Population, required for admission to
Union, 18, 21, 24, 68-69, 85, 357,
373; of Wisconsin Territory, 36,
42, 49, 69, 126-27, 232, 249, 357-
58, 372, 419; of United States, 321.

INDEX

541

Port Washington, harbor, 70; pro
posed as seat of convention, 115.
Portage County, number of delegates,
126; candidates, 197.
Prairie du Chien, newspapers, 13; on
proposed Pacific Railroad, 78.
Prairie du Chien Patriot, cited, 78.
Pratt,  , Southport resident, 507.
Preemption system, not applicable to
mineral lands, 364.
Prentiss, S. S., cited, 504.
Presbyterians, in politics, 214.
Presidential campaign of 1848, 28,
374, 428.
Press. See Newspapers.
Property qualification, for suffrage,
225-30, 308.

Quigley,

Racine County resi

dent, 196.
Quinnesac Falls, in the Menominee
River, 137.
Quitman, J. A., governor of Missis
sippi, 41; letter from, 389-90.

"R," article by, 180-83; answered, 189.
Racine, harbor at, 70; residents, 111;
representatives, 94, 97; candidates,
507, 513; delegates, 38, 44-45.
Racine Advocate, articles from, 248-
301, 427-28; cited, 13, 444, 453-
58, 479.
Racine County, desires statehood, 21;
method favored by, 418; vote on
first constitution, 45; apportion
ment, 112; number of delegates,
126; Irish in, 196—98; Liberty
party delegates, 494; Democratic
candidates, 507, 516-23; Peoples
ticket, 510-16, 518, 520-21; Inde
pendent Democrats' manifesto, 516-
23.
Railroads, federal aid for, 71; to the
Pacific, 78-79; need for, 215.
Raisin River bank, 160.
Rapides (La.), delegate, 389.

Ratification of first constitution, strug
gle for, 27, 45-48; of second con
stitution, 28, 52-53.
Raymond township, candidate of, 507,
514.
Read,  , Boston resident, 499.
Read,  , in Louisiana convention,
389.
Reed, Curtis, in territorial council, 93.
Red River of the North, 25.
Reeveville, in Iowa County, 202, 490-
91.
Reform, methods of, 351-52; of ap
pointing system, 507. See also Le
gal Reform.
Religious tests, should be forbidden,
323, 328-32. See also Ministers of
the Gospel.
Remuneration. See Salaries.
Revision. See Laws.
Rhode Island, constitution of, 32, 219;
clergyman from, 34; precedents
from, 394; judiciary in, 451.
Richland County, number of delegates,
126; candidates, 197.
"Rio Grande," article by, 318-20.
"Rip Van Winkles." See Hunkers.
River and Harbor Bill, vetoed, 46, 50.
Roads, expenditures for, 92.
Rochester, candidate of, 507, 513.
Rock County, resources, 81; method of
statehood favored by, 418; repre
sentative, 102; number of dele
gates, 126; candidates, 197; Liberty
party delegates, 494.
Rock River canal, 71, 78.
Rock River Rapids, 71.
Rockford (111.), desires union with
Wisconsin, 18.
Rockwell, John A., debates Wisconsin
bill, 128, 131-32, 135-36.
"Rough Hewer," articles by, 462-65,
477-78; criticism of, 466-67, 481-
85.
Rountree, John H, in territorial coun
cil, 102, 116.
Rusk, Thomas J., Texas Convention
Debates, 39.

542

INDEX

Rutland, in Dane County, 400.
Ryan, Edward G., on banking provi
sion, 38, 40; on election of judges,
41; favors first constitution, 45, 46;
letter cited, 45-46; a candidate,
198, 507.
Sabbath, observance of, 322, 324-27,
334-35.
St. Clair, Arthur, governor of North
west Territory, 35.
St. Clair Bank, 161.
St. Croix County, representation in
convention, 115; census in, 120;
officials of, 122; number of dele
gates, 126; candidates, 197.
St. Croix River, settlements on, 24;
as a boundary, 137, 486.
St. Louis River, boundary through,
137; 486.
Salaries for state officials, 65, 156, 234,
236; for delegates to constitutional
convention, 86, 93, 107-109, 123;
for judges, 65, 151-52, 256-57, 265-
66, 346-47, 479.
Salem township, candidate of, 507.
Salt springs, granted the state, 486-
87.
Sauk County, number of delegates, 126.
Sawyer, William, congressman, 135.
Schools, land reserves for, 26, 62-64,
139-40, 223-24. 277-80, 316-17,
375, 464, 486 ; under the territorial
regime, 68, 92; agitation for free,
188-89, 199, 317-18, 514; liberality
for, 255. See also Colleges and
State Universities.
Scotch immigrants, to Wisconsin, 227,
230.
"Scribbler," letter from, 334-35.
Searls, Jesse D., candidate, 515.
Second Constitutional Convention,
time for holding, 15, 28 ; election of
delegates for, 48-50; constitution
of, adopted, 28, 52-53; journal of,
11, 16, 51.
"Semper Paratus," article by, 196-98.

Senate of United States, Journal, 128.
Seward, William H., on naturalization,
222.
Shambaugh, B. F., Fiftieth Anniver
sary of the Constitution of Iowa,
32, 34-35 ; History of the Constitu
tions of Iowa, 39.
Shanley, Thomas, article by, 353-54.
Sheboygan, harbor, 70.
Sheboygan County, number of dele
gates, 126; candidates, 197.
Sheldon, Orson, in territorial legisla
ture, 57, 82.
Sheriffs, to take the census, 82-83; to
arrange election, 121; election of,
354.
Sholes, Latham, on Southport commit
tee, 494.
Skeptics, and testimony, 323, 328-32.
See also Religious Test.
Slavery issue, in Wisconsin, 50, 100;
in Congress, 361.
Smith, A. D., article by, 371.
Smith, E. A., letter to, cited, 34.
Smith, Eldad, vice president of con
vention, 513, 516.
Smith, G. M., letter cited, 34.
Smith, George B., candidate for dele
gate, 171-72; questioned, 396-97;
reply of, 397-400.
Smith, John Y., editor of Argus, 192,
404, 462, 477; attacked, 168-71;
candidate for convention, 174, 402-
404.
Soils, in Wisconsin, 77.
South Carolina, suffrage in, 162.
Southport (Kenosha), harbor at, 70;
nominations in, 196, 507; statehood
meeting at, 493; residents, 513.
Southport American, articles from,
492-527; cited, 44.
Southport Telegraph, cited, 212-13,
263, 266-67, 408, 417, 429, 453,
458, 493, 497, 499, 504, 519.
Southwestern Historical Quarterly, 39.
Spanish, precedents in Texas, 45; lan
guage in the schools, 280.

INDEX

543

Speculation, in lands, 33; constitu
tional guards against, 252, 308.
Spencer, R. H., at Racine County con
vention, 515.
Spoils system, in politics, 156, 268,
283, 349, 505-507; for constitu
tional convention, 508.
State debt, provision in first constitu
tion, 46, 155; discussion of, 79,
175-80, 223, 380, 397-98, 401, 403,
463, 496-97, 514, 521.
State school system, discussed, 277-78,
317-18.
State sovereignty, in Wisconsin, 22-
23, 434.
State universities, discussed, 279-80;
land grant for, 64, 139, 375, 486.
Statutes. See Laws.
Steele, Elijah, candidate, 507.
Stockbridge Indians, franchise for, 88.
Stockwell, Thomas S., candidate, 507.
Story, Joseph, cited, 420.
Strong, Marshall M., candidate, 507,
515; in territorial legislature, 73,
109, 116; speaks on negro suffrage,
94-96, 98-102, 104; on census, 105-
108 ; on apportionment, 111 ; resigns
from first convention, 44-45; sup
ports second convention, 48.
Strong, Moses M., in territorial coun
cil, 22, 57, 73; opinions on negro
suffrage, 94-95, 97-99, 101; on cen
sus, 107; on delegates' pay, 108; on
seat of convention, 109; on appor
tionment, 111-12; on time of con
vention, 113-15; nominee for pres
ident of convention, 37; for terri
torial delegate, 49-50; position on
banking, 40 ; articles by, 356-65 ;
papers of, 40, 45-47, 49; History
of the Territory of Wisconsin, 37,
41, 49, 51, 53.
Subtreasury, a national problem, 522.
Suffrage, property qualification for,
225-30, 308; age for, 290; for
women, 45; resolutions on, 514;
discussion of, 155, 160-62, 167-68,

172, 182, 194-95, 199, 225-30, 234,
393-94, 397-98, 400-403, 412-65;
for foreigners, 22-23, 26, 40-43,
87-89, 102-103, 105, 117, 122-24,
164, 190-92, 194-95, 221-22, 224,
226-30, 234, 321, 339-42, 353, 397-
98, 400-403, 412-16, 439-41; privi
lege of, 320; provision in first con
stitution, 40-43; authority for, 412.
See also Negro Suffrage.
Superior Lake, head of, 134, 215;
boundary through, 137; mineral
lands south of, 365 ; state boundary,
486.
Sylvania, mass meeting at, 510, 513.
"T," article by, 189-90.
"Tadpoles," branch of Democracy, 174 ;
defined, 37-38.
Tallmadge, Gov. Nathaniel P., mes
sage of, 24; opposes first consti
tution, 27.
Tammany, and Know Nothing party,
162, 203.
Tanner, H. S., map of, 134.
Tariff, bill of 1846, 46, 50; Whig posi
tion on, 490; a national problem,
522.
Taxation, assessed value for, 65; in
territorial days, 24, 61, 76-77, 92-
93, 419, 428; in Iowa, 443; in en
abling act, 140; discussion of pol
icy for, 177-80, 224, 262, 374, 410,
463; exemptions from, 368-69.
Taylor, Zachary, presidential cam
paign, 46, 50.
Telegraph, discovery of, 79.
Tennessee, constitution of, 9; emigra
tion from, 43; judiciary in, 451.
Tenney, H. A., letter from, 49.
Texas, annexation of, 522; admitted
to Union, 25, 69, 113, 357, 360, 373;
constitutional convention, 36, 39,
44-45; constitution, 10, 43, 52, 74,
211-12; discussed, 302-307; prece
dents from, 366, 381-82, 386, 429,
443; Convention Debates, cited, 44.

544

INDEX

Thomas, Francis, on judiciary commit
tee, 435.
Thomson, A. M., Political History of
Wisconsin, 53.
Thorpe, Francis Newton, The Federal
and State Constitutions, 33, 52.
Thurman, Allen G., debates Wisconsin
bill, 129, 132.
Thwaites, R. G., "The First Census of
Wisconsin Territory," 36.
Timber, in Wisconsin, 77.
Toadville, letters from, 324, 334.
Tompkins, N. J., Rhode Island candi
date, 394.
Transcontinental railway. See Pacific
Railroad.
Treaties, with Great Britain, 23, 215,
365; boundary provision, 133.
Tweedy, John H., on banking provi
sion, 39; territorial delegate, 49-
50,53.
Twin Rivers, harbor, 70.
Tyler, John, appointees, 34.
United States bank, opinions on, 193,
260-61, 287-88, 318.
United States Constitution formed,
302.
United States district attorney, in Wis
consin, 49, 138-39.
United States marshal, in Wisconsin,
139.
United States Statutes at Large, cited,
128, 136.
United States Supreme Court, decision
on mineral lands, 363; composition
of, 386-87, 452.
University of Illinois Studies, 40.
University of Wisconsin. See State
Universities.
Upham, Don A. J., president of first
constitutional convention, 26, 37;
speech, 27.
Usury. See Interest.

Van Buren, Martin, appointees, 34;
financial policy, 157, 160, 393; suf
frage principles, 162; on judiciary,
217; profession, 296.
Vermont, banks in, 208 ; judiciary 349,
451; precedents from, 96, 219, 312-
13, 349.
Veto power, discussed, 237, 344, 395-
96, 463.
Vieux Desert Lac, boundary in, 137.
Vineyard, James R., acquittal of, 181.
Vinton, Samuel F., debates Wisconsin
bill, 129, 132-34.
Virginia, Northwest cession, 129, 361,
364; suffrage in, 162; banks, 208;
constitutional revision, 391; judi
ciary, 451.
"Voter," article by, 171-74.
"Vox Populi," article by, 442-44.

Walworth County, Democratic cen
tral committee of, 49; number of
delegates, 126; candidates for, 197;
Liberty party delegates, 494; terri
torial representative, 73; favors
statehood, 75 ; method favored, 418 ;
resources of, 81.
Ward,  , Racine County resident,
197.
Washington, George, will cited, 337-
38.
Washington (D. C), letter from, 249.
Washington (Wis.). See Port Wash
ington.
Washington County, 115; settled, 43;
ratifies first constitution, 48; num
ber of delegates, 126; candidates,
197-98.
Waterman, W. H., on committee, 513.
Waterpower, in Wisconsin, 78.
Waukesha County, number of dele
gates, 127; Whig convention in,
226-30; nominees, 227, 230; letter
from, 226.
Waukesha Freeman, politics of, 13-
shares of stock in, 494.

INDEX

545

Webster, Daniel, draws treaty, 365.
Webster-Ashburton Treaty, protested,
23, 215, 365.
Welland Canal, enlarged, 78.
West Union bank, 161.
Wheatland township, candidate of,
507.
Wheaton, W., on committee, 513.
Whig party, newspapers, 12-13, 21,
49 ; in power, 19 ; position on state
hood, 20, 23, 495; nominating con
ventions, 21, 153-54, 391, 509; can
didates, 49, 152-53, 174, 487, 509-
10, 512; principles, 34, 46, 52, 102,
154-68, 184, 189-92, 194-95, 202,
245, 260, 392, 467, 489-91, 519; ac
cused of Know-nothingism, 22,
26, 42, 203, 224, 226-30, 410, 439;
delegates in first convention, 26, 37-
38, 40 ; oppose first constitution, 27,
44-45, 48 ; in second convention, 28,
51 ; in Iowa, 35.
White, John, candidate for sheriff, 197.
White lead factories, 215.
White Pigeon (Mich.), 158.
Whitney, Asa, proposes Pacific Rail
road, 78-79.
Whiton, Edward V., on negro suffrage,
101, 103-104; on apportionment,
111-12 ; on census, 106 ; on place for
convention, 115; on congressional
authority, 116.
Wildcat banking system, described,
158-59, 161, 193. See also Bank
ing.
Willard, Victor M., candidate, 507.
William III, financial policy, 176.
Willson, Henry O., secretary of con
vention, 513.
Winnebago County, number of dele
gates, 127.
Winnebago Indian, on trial, 88.
Winnebago Lake, 49.
Winslow, John B., Story of a Great
Court, 41.

Wisconsin, spelling of word, 231; cli
mate, 80; settlement, 33; resources,
77, 80-81, 92, 252-53, 356; part of
Illinois, 309 ; territory organized, 33,
234; legislature, 25, 57, 247, 341,
357, 421-24, 432, 492; petition to,
494; vote for statehood, 19-24, 26,
29, 35-36, 501; status of, 66-67, 74,
80, 249-50, 357-59, 362-65, 373,
426, 492, 501; primitive justice in,
309; legal rate g,f interest, 288; ad
mission to Union, 9, 13, 18-29, 35-
36, 357; act for, 117-24.
Wisconsin Democrat. See Madison.
Wisconsin Enquirer. See Madison.
Wisconsin Freeman. See Waukesha.
Wisconsin Liberty Association, an
nual meeting, 494-95.
Wisconsin Marine and Fire Insurance
Company, banking operations, 47,
206, 380.
Wisconsin Republican. See Green
Bay.
Wisconsin River, improvement of, 71.
Wisconsin State Historical Society, or
ganized, 11.
Women, suffrage for, 45; property
rights in Texas constitution, 44-45,
_ 305, 382; in first Wisconsin consti
tution, 26-27, 40, 44-47; discussion
of, 305, 464; in second constitu
tion, 51-52.
Woodburn, J. A., "Constitution Mak
ing in Indiana," 32.
Woodbury, Levi, banking system, 160.
Woodman, Cyrus, collector, 11.
Wright, George S., on committee, 515.
Wright, Silas, United States senator,
433, 435-36.
Wright, Thomas, candidate, 515.
Yorkville, committeeman of, 513-14.
"Z," article by, 354-55.

35

YALE I

0319