C'K.?^ ^^

m.£.

MEMOEIAL EECOED

FATHERS OF WISCONSIN

containing

SKETCHES OF THE LIVES AND CAREER

MEMBERS OF THE CONSTITUTIONAL CONVENTIONS

OF 1846 AND 1847-8.

HISTORY OF EARLY SETTLEMENT IN WISCONSIN.

PREPARED BY
H. A. TENNEY AND DAVID ATAVOOD.

madison, wis. :
Published by David Atwood.
1880.

Entered according to Act of Congress, in the year eighteen hundred and eighty.
By DAVID ATWOOD,
In the office of the Librarian of Congress, at Washington, D. C.

DATID ATWOOD, PRINTER AND STEHEOTTPER, MADISON, WIS.

PREFACE.
The labor of preparing this volume has been both difiicult and perplex
ing. The material for its contents had to be procured from sources wide
apart, often isolated, and much of the data such only as could be drawn
from memory. What to include and what omit, was not unfrequently
a matter for doubt. The purpose was not only a historical record, but to
preserve annals for future history. This has been accomplished as far
as information was accessible; but we feel diffident as to the product,
and whether it will prove satisfactory, in all respects, to the veteran
pioneers or their descendants, whose personal career it records. The
most we hope for is a partial approval.
TJiat the lapse of a generation in Wisconsin has produced wondrous
changes needs scarcely to be stated. Towns, cities and villages have
sprung from the forests and prairies; old counties have been divided
and new ones created; post-offices and post-roads have multiplied in
every quarter; all conditions and surroundings, indeed, have undergone
complete transformation; so much so, that the past has little left to
compare with the present. Responsive to this impulse, many members
of the conventions either changed locations or were removed by legal
subdivisions, until their places of residence, and even identity, had passed
from public memory. Add to this the inroads of death, the decay of
memory, age and infirmities, the difficulty of finding any to whom to
apply for information, and the sympathetic reader will appreciate the
besetment that has environed our labors. Only by continuous adver
tising and correspondence, continued, with scarce an interval, for a
period of over two years, have we been able to gather the material
here presented.
The natural modesty of many of the pioneer fathers has also pre
sented another obstacle. Even after discovery, it has not always been
easy to obtain the information desired. After all the hazards, hard
ships and experiences of early settlement, and a career alike distin-

PREFACE.
guished, upright and honorable, many shrink from anything like
publicity, and had not its importance been pressed on their attention,
would have departed, leaving no memento that they had lived. This
feature is a peculiarity of old settlers, creditable to them, in a general
sense, and yet posterity has a right to a knowledge of the personal
career of its benefactors. A record of the lives of its public men, in
all important particulars, rightfully belongs to the state.
The plan of this work has also been one of doubt and perplexity.
It was evident from the first that no arbitrary rules could be followed.
We did not desire to produce a mere reference book, or dictionary of
names of members, with sketches gauged to a uniform length or stand
ard; and yet it has not been possible, within reasonable limits, to bring
into conspicuous view individual personality. As each name has passed
in review, our recollections of personal characteristics and peculiarities
have been vivid and impressive. The kindly faces, genial humors
and incisive intellectual gifts of all, are with us a living' memory, but
space did not permit of word-painting. As a result, our work is of
composite order. We have preferred to allow the sketches generally
to stand as received, imperfect as some of them will be esteemed,
and less full than was desirable. No material facts have in any case
been omitted. An alphabetical order of arrangement has been adopted
from necessity.
It is probably an event with scarce a precedent, that the- reporters
of two constitutional conventions were, a generation later, entrusted
with the work of sketching the lives and career of their old friends
and associates. All were then young or in the prime of life. Grey
hairs and the death roll are now all that remain to us. Pleasant
and sad memories have mingled with our work, which has been an
agi-eeable one, but not unmixed with anxiety as to a satisfactory ending
We bespeak pardon in advance for such errors as may manifest them
selves. We feel that we have done all we could with the imperfect
information at command.
H. A. TENNEY,
DAVID ATWOOD.
Madison, Jidy, iSSo.

EARLY HISTORY OF WISCONSIN.

ORIGIN OF THE TERRITORY.
It seems necessary to a right understanding of some of the
most important questions agitating the west only a little over
a generation ago, to precede the sketches of members of
the conventions by a brief preliminary and explanatory
chapter. While this can only be partially done, omitting
much of interest and value, it will nevertheless, it is hoped,
sufficiently illustrate a few leading and now forgotten points
of contention; indicate to some extent the thought of the
period, the difficulties to be met, and the measures regarded
as essential to the protection and security of the future.
State constitutions in many respects are the outgrowth of
the necessities of the time in which they are framed, and
are thus a type of the era which gives them birth, directly
reflecting public opinion in their chief features, and hence
of great historical significance. Considered as land-marks
in the nation's progress, we have no more certain guides
than the organic laws of the states. They are reliable
photographs of the time that produced them, whatever
changes may thereafter be made.
TERRITORY NORTHWEST OF THE OHIO RIVER.
To date from the earliest historical period, the territory
now embraced within the limits of Wisconsin was for a
long period under the nominal jurisdiction of the govern
ments of France and England, but neither power, if a

6 CREATION OF NORTH-WEST TERRITORY.
few names of places are excepted, left any enduring impres
sion. At and before the close of the war of the American
Revolution which freed the country from foreign control,
Virginia claimed as within its chartered limits all the region
covered by the present states of Ohio, Indiana, Illinois,
Michigan, Wisconsin and about half of Minnesota. As
the charters of several other colonies covered portions of
the same territory, it soon led to bitter controversy; and,
to forever settle the difliculty, at about the time of the
formation of the Federal Constitution, Virginia, with a
noble unselfishness, voluntarily surrendered its claim by
ceding all its rights to the general government upon certain
conditions, which were accepted. This action was em
bodied in the celebrated Ordinance of 1787 — an enactment
that in its scope and bearing upon the future of the country
will be regarded as one of the most important that ever
emanated from a legislative body.
Except that this ordinance was in effect a new charter
of freedom, the only provision of special importance to
Wisconsin was the one relating to future state boundaries.
These, as to Ohio, Indiana and Illinois, were specifically
defined, and all disputes that followed grew out of chano-es
thereafter made by congress. The words of the proviso
in the ordinance were as follows: "That it is further un
derstood and declared that the boundaries of the three
states (aforesaid) shall be subject so far to be altered that
if congress shall hereafter find it expedient, they shall have
authority to form one or two states in that part of said
territory which lies north of an east and west line drawn
through the southerly bend or extreme of Lake Michigan^
This language seems to be simple, plain and direct. Had
the condition been followed according to the terms of the
act ceding the territory, the effect would have been great
and manifest, not only as to our boundaries, but as to the
general welfare of the Union at large, as subsequent events
have abundantly demonstrated.

BOUNDARY CHANGES. 7
BOUNDARY CHANGES.
The territory northwest of the Ohio river embraced the
whole country east of the Mississippi extending to the west
line of the state of Pennsylvania. It was organized in
1787. Arthat period the Mississippi river marked the
western boundarj'- line of the United States, and it was not
until after the purchase of Louisiana was effected that it
was removed westward to the shores of the Pacific.
Ohio was organized as a territory in 1787, and continued
such until March 3, 1803, when it was admitted into the
Union as a state, with substantially its present boundaries.
In 1800, the territory of Indiana was set off from Ohio,
with jurisdiction, except as to Michigan created in 1805,
over all the balance of the northwest territory, which con
tinued until February 3, 1809, when Illinois territory was set
off. Indiana was admitted as a state, December 11, 1816.
Illinois was organized as a territory, February 3, 1809,
and admitted as a state, April 18, 1818. October 26, 1818,
Wisconsin was attached to Michigan.
Michigan territory was organized January 11, 1805, and,
after the Louisiana purchase, its boundaries were largely
extended by several acts of congress. It was admitted as
a state, January 26, 1837.
Wisconsin remained a part of Ohio territory from 1787
to 1800; of Indiana from 1800 to 1809; of Illinois from 1809
to 1818, and of Michigan from 1818 to 1836. At the time
the Territory of Wisconsin was organized it comprised the
present states of Iowa and Minnesota, and about half of the
present territory of Dakota. It was admitted as a state
May 29, 1848.
Iowa was organized as a territorial government, June 12,
1838, and admitted as a state December 8, 1846.
Minnesota was attached to Iowa territory from 1838 to
March 3, 1849, when it was separately organized. It was
admitted as a state. May 11, 1858.
Dakota was attached to Michigan territory by act of

b BOUNDARY DISPUTES — EFFECT ON WISCONSIN.
June 28, 1834; to Wisconsin by act of April 20, 1836; to
Iowa by act of June 12, 1838. It was organized as a sepa
rate territory March 2, 1861.
BOUNDARY DISPUTES  THE EFFECT ON WISCONSIN.
The original boundaries of Michigan territory coincided
with those of the present state except that the western
line drawn through the center of Lake Michigan was
originally extended direct to Lake Superior. Had this
boundary remained permanent, as in reason it should have
been, all the great iron and copper region on the north
would have necessarily fallen to Wisconsin. Why it did
not is deserving of brief explanation.
Michigan as a terrritory always claimed as its southern
boundary the line drawn east and west through the south
end or extreme of Lake Michigan as established by the
ordinance of 1787. It not only claimed this, but actually
for a long period — from 1805 to 1834 — exercised control
and jurisdiction over it, and the right was not officially
disputed. As this line would include the present city of
Toledo and the mouth of the Maumee river. Gov. Lucas,
of Ohio, in 1835, laid claim to jurisdiction, as far as that
state was concerned, over the entire region in dispute.
Both sides thereupon called out their militia, the disputed
territory was for a season occupied by military force, and
such was the excitement that for a time a collision was
greatly feared. In the end, however, congress, as a com
promise, in admitting Michigan as a state, extended its
northern boundary westward so as to include most of the
iron and copper region of Lake Superior, and thus stripped
Wisconsin of its natural line on the northern frontier, and
gave to Ohio the territory in dispute.
When Iowa was set off by act of June 12, 1838, the
limits of Wisconsin were contracted so as to embrace only
the country east of the Mississippi river. This covered a
large portion of Minnesota north of Lake St. Croix. Iowa,

BOUNDARY DISCUSSIONS. 9
Minnesota and a large part of Dakota were a part of
Wisconsin territory from 1836 to 1838, and all of Minne
sota east of the Mississippi river from 1838 to 1848. On
the consummation of the act of admission as a state, Hon.
John Catlin, Secretary of the Territory of Wisconsin,
as territorial governor, ex officio, issued a proclamation con
vening a meeting .of settlers north and west of Lake St.
Croix, which he personally attended, and thus secured the
preliminary steps for organizing the new territory of Min
nesota, which, by act of congress, was consummated
March 3, 1849. boundary DISCUSSIONS.
During the entire period of territorial government, the
proper boundaries of Wisconsin were a subject of con
stant discussion both within and without its legislative
halls. Michigan by its decided action had secured a
southern border some sixty miles south of Wisconsin, and
only yielded the line conferred in the ordinance of 1787
by a compromise which was made at the expense of our
territory. The line of the state of Illinois was carried
north of that established by the original ordinance ceding
the northwest territory to the general government, about
one hundred miles. The reasons for this were wholly of
a political nature, and evinced such profound foresight
and sagacity on the part of the fathers of the republic, as,
in the light of subsequent events, to call for unqualified
admiration. Yet for many years they were not under
stood or appreciated, and were by no means satisfactory
to the new territory, since they took from it some of the
most fertile agricultural lands, and the most important
commercial lake port in the west. As a consequence,
nearly every territorial session besieged congress by memo
rials and petitions to restore the boundary defined by the
ordinance of 1787. Nor did the effort cease until the state
constitution was finally adopted.

lO BEGINNING Ofr CIVIL GOVERNMENT.
Opinions differed much as to the proper line of north
western boundary. As Wisconsin was the fifth and last
state wholly organized within the original limits of the north
west territory, and it was a part of the compact with Vir
ginia that the number should not exceed five, it was held by
some that all the country south of the parallel of 49°, and
east of the Mississippi, must necessarily constitute a part
of its territorial area. But as it was seen that such boun
daries would be illy proportioned, and, when the country
was settled, contain a population connected by no natural
ties of interest or affinity, this proposition found little favor.
One plan, and at first well received, was a line drawn from
the mouth of the St. Louis river westward to near the
mouth of Rum river, on the Mississippi, but as this would
cut off Minnesota from ports on Lake Superior, it was
soon abandoned. Another plan strongly urged by the
delegates in convention from that section, was a line drawn
eastward from Mountain Island in the Mississippi to about
the line of the fourth principal meridian, and thence north
to Lake Superior. This would have set off the whole
basin of Lake St. Croix and most of its river valleys
into the territory of Minnesota, and was not favorably
received. Finally the present boundary proposed by
congress was accepted, and a long controversy thus finally
closed. BEGINNING OF CIVIL GOVERNMENT.
Wisconsin was attached to Michigan territor5'-, October
26, 1818. During the same yearGov. Lewis Cass erected
the county of Brown, which with portions of the county
of Michilimackinac embraced the entire eastern half of
the present state, and appointed the following officers:
Matthew Irwin, Chief Justice ; Charles Reaume and
John Law, Associate Justices of County Court; Mat
thew Irwin and John Bowyer, County Commissioners;
Matthew Irwin, Judge of Probate; Robert Irwin, Jr.,

legislative representation, ETC. II
Clerk; George Johnston, Sheriff; and Charles Reaume,
Justice of the Peace.
Crawford county, covering the balance of the territory,
was erected at the same time. In 1823, a territorial circuit
court was established, embracing the counties of Brown,
Crawford and Michilimackinac, and James Duane Doty
was assigned to it as Judge.
legislative representation.
The legislative council of Michigan territory was com
posed of thirteen members. No other branch was provided
for. In 1824, Robert Irvin, Jr., was elected to this body
from Brown county, being its first representative. He
served, through re-elections, until 1831. A new district
was created in 1832, composed of the counties of Chippewa
and Michilmackinac, portions of which were located in
what is now Michigan, and Brown, Crawford and Iowa in
Wisconsin, and Henry Dodge and Morgan L. Martin
were elected to the Legislative Council. In 1834, J^mes
Duane Doty and Morgan L. Martin were chosen, and
held their seats until state government superceded that of
the territory, which it did partially in 1836, although the
state was not formally admitted until 1837. The first
known formal movement for the creation of the Territory
of Wisconsin, was a memorial to congress passed by the
legislative council of Michigan in 1834, asking that it be
set off and organized separately as a preliminary to fram
ing a constitution of its own, and applying for admission,
as its population then reached the necessary number of
60,000 and more.
organization OF territory of WISCONSIN.
Wisconsin was created a separate territory by act of
congress approved July 4, 1836. Its Executive Depart
ment consisted of a Governor, Secretary and Attorney
General. Its Judiciary of a Chief Justice, two Associate

12 ORGANIZATION OF TERRITORY OF WISCONSIN.
Justices and a Clerk of the Court. Its Legislative was a
Council composed of thirteen members, elected for four
years, and a House the term of whose members was two
years. In 1844, the system was so far changed that the
Council was chosen for two years, and the House annually.
The officers first appointed were Henry Dodge, Gov
ernor; John S. Horner, Secretary, and Henry S. Baird,
Attorney General; Judges of Supreme Court, Charles
Dunn, C. J., William C. Frazer (who died before any
service rendered), David Irvin, and Andrew G. Miller
Associates. Clerk of Court, John Catlin.
During the existence of territorial government, the gov
ernors were Henry Dodge, James Duane Doty and N.
P. Tallmadge — Gov. Dodge serving as the first and last
governor. The secretaries were John S. Horner, Wm.
B. Slaughter, Francis J. Dunn, A. P. Field, G. R. C.
Floyd and John Catlin. The judges remained un
changed from first to last. The clerks were John Catlin,
Simeon Mills and La Fayette Kellogg. The dele
gates to congress, were George W. Jones, James D.
Doty, Henry Dodge, Morgan L. Martin, and John
H. Tweedy.
The first session of the territorial legislature was held at
Belmont, Iowa county (now La Fayette), commencing Octo
ber 25, 1836. Henry S. Baird, of Brown county, was
elected President of the Council, and Peter H. Engle,
of Dubuque, Speaker of the House. At this session the
territorial capitol was located at Madison, but the legisla
ture did not meet there until 1838, after Iowa territory was
set off from Wisconsin. At this session William Bullen,
of Racine county, was elected President of the Council, and
John W. Blackstone, of Iowa, Speaker of the House.
PIONEER settlement.
It is difficult if not impossible to convey to the present
generation a correct impression as to the actual condition

PIONEER settlement. 1 3
of the new territory at this period, since, except among
pioneer settlers, there is nothing in its experience that fur
nishes a standard for comparison. The most it can con
ceive is a vast and fertile region as yet unsurveyed and
scarcely penetrated by the white race, without settlements,
roads, bridges or population, except in a few widely scat
tered and detached farms, hamlets and villages, clustered
generally about military posts. In 1830, the population'
west of Lake Michigan by census enumeration aggregated
less than 3,000, v hich in 1840 had only increased to 30,-
945. When the capitol was located at Madison, what is
now Dane county contained but very few permanent white
settlers, and many others now teeming with industrious
multitudes were then wholly unoccupied. Isolated com
munities was the rule, to which there was no exception,
and lack of means and routes of travel scarcely permitted
other than slow and most difficult communication. Gradu
ally, however, mail service was secured, and the swell of
incoming immigration brought the early settlements nearer
and nearer to each other. The movement at first slow,
yearly gained in intensity, until the waste places were nearly
all absorbed.
It was fortunate for Wisconsin that state organization
did not take place until the financial affairs of the country
had settled down upon a safe business basis, and wild and
reckless enterprises received no countenance. The bitter
experience of the states formed out of the old northwest
territory served as a lesson and warning, which was not
lost when the essential features of our proposed constitu
tion received a preliminary discussion. At ¦ one period,
these states can scarcely be said to have had either credit
or resources, while their debts, incurred for works which
even when completed scarce paid the cost of repairs, were
out of all proportion to the assessed valuation of property.
As late as 1843, the state of Ohio sold its bonds at fifty
cents on the dollar to raise funds to meet obhgations, while

14 routes of early immigration.
the bonds of Michigan, Indiana and Illinois were for several
years quoted in market at from twenty to thirty cents, with
few or no buyers. Such was the penalty paid for embark
ing the public credit in wild schemes, without resources to
meet even the ordinary expenses of local government.
ROUTES OF early IMMIGRATION.
, Except about miHtary posts, and with slight other excep
tions, permanent settlement first began in Wisconsin about
1826, in the lead region, or present southwest counties, and
foi many years, population pressed in by way of the Mis
sissippi river, before the route by the great lakes was fairly
opened. For a long period Galena was more of a com
mercial mart for supplies for the interior of Wisconsin than
Milwaukee or other lake ports, while Chicago was scarcely
known in that connection. The southern states were at
first more numerously represented than the eastern. Lead
mining had developed into a great leading industry on one
side of the territory, while agriculture was commencing on
the other. The two streams of settlers finally met about
midway, but several years elapsed before the eastern cur
rent largely predominated. As a result, the diversity of
interests, ideas and modes of thought between the two
sections were much more striking in early times than at
present. Time, which has obliterated so many pioneer
landmarks, has not even yet effaced the peculiar character
istics of the two sections.
PROJECTED ROUTES OF TRAVEL AND TRANSPORTATION.
Naturally, the first efforts of the pioneer era were
directed to securing channels of communication with the
interior and outer world. Laws for surveying and mark
ing out roads were among the first enactments of the ter
ritorial legislature. Canals were projected from several
of the lake ports, among which may be mentioned one
from Sheboygan to Fond du Lac; another from Milwau
kee to Rock River, and thence by way of the Four Lakes

PROJECTED ROUTES OF TRAVEL, ETC. 1 5
to the Wisconsin ; while the Fox and Wisconsin river route
was universally believed destined to become the great
central channel of commerce; To the buoyant imagination
of the time all rivers of any size were deemed navigable,
while their branches were regarded as routes for future
canals. So many village and city sites were laid out and
platted, whose names even are now wholly lost, that the
present realization is almost a blank by comparison. It
was a period of vast projects, limitless enterprises, and
chimerical speculations which has had no parallel.
All this, too, when the population imported most of its
provisions, and, except the product of lead furnaces, ex
ported nothing.
Railroad projects received early attention, and charters
were actually granted before even highways were laid out
in many places from lake ports to the interior. Often the
line and terminal points were not even indicated. Among
the earliest efforts in this direction was a memorial to con
gress, passed in 1840, asking for the survey and construction
of a railroad from Lake Michigan to the Mississippi river.
It was not until ten years later that any of our existing
routes were definitely decided upon, companies really or
ganized, and work of construction seriously commenced.
The period from about 1830 to 1837 was one of great
and almost limitless financial currency expansion. In that
year, in the states east of us, it reached a natural culmina
tion, followed by a crash that speedily carried down most of
the banking institution in the United States. The Banks of
Green Bay and Mineral Point, the only ones within the
territory, ended in the same way, and for some years the
early settlers had little or no currency other than the small
sums brought in by newly arrived immigrants. In the
southwest counties or lead region, citizens of all classes
combined and refused to receive or use anything but gold
and silver as a measure of exchangeable values. Immi
gration, which had commenced coming in a flood soon after

l6 THE REVOLUTIONS OF A GENERATION.
territorial organization, was not only checked, but actually
recoiled eastward, and it was not' until about 1843-4 that
the current turned westward again, since which time it has
known no abatement.
THE REVOLUTIONS OF A GENERATION.
Pioneer settlers in the northwest, if they cannot be said
to have witnessed the exodus of nations, have certainly
been spectators of the ingress of multitudes so vast
in number as to well deserve that name. Within the limits
of a generation in point of time, they have seen almost
limitless wastes of forest and prairie, in natural and normal
wildness, changed from a desert to the home of teeming
populations, possessing every appliance of art, and every
advantage of moral and material improvement. Looking
upon the mighty movement in gross, it might be said with
truth that representatives of all Europe had marched upon
western America. But the invasion was peaceful — the
march a silent one. The hosts encamped upon the waste
places so quietly as scarcely to awaken surprise. Experi
ence of the mighty change grew, indeed, to be habitual.
It was not until it ended in particular locahties that it began
to attract much attention. The frozen north equally with
the semi-tropical south have been almost equally overrun
— and yet the impulse has as yet scarcely known pause.
It is to continue until the world's populations, productions,
and perhaps means of livelihood, reach an equilibrium.
Like the glacial era in geological records, it is the grand
mixing of diverse peoples— the abrading force, grinding
prejudice against prejudice, religious system against rehg-
ious system, nationality against nationality, until from the,
ultimate product there shall spring, as we beheve, a higher
development and nobler race to elevate the career of hu
manity. History furnishes no parallel to this wondrous
movement. It will ever stand out single and isolated as
the greatest event in human annals.

EARLY IMMIGRATION — NEWSPAPERS. 1 7
EARLY IMMIGRANTS.
Pioneer settlement founded and opened the way to the
teeming multitudes that have followed. The early comers
were almost exclusively of American birth and parentage.
At the period of the conventions to frame a state constitu
tion, foreign emigrants composed but a small per cent, of
the population. They had gained a foothold, indeed, but
were in no part a controlling authority. Pioneer experi
ence, therefore, was unique in its way, — in all its conditions
and surroundings, unlike the present. It could occur but
once, and will be reproduced to no future generation. It
was a Golden Era, the twilight of the morning of the birth
of mighty states, and must ever remain one of the most
interesting chapters in our history. It is for this reason
that its details, hardships, purposes and modes of life, hopes
and expectations, interesting even now, will, as the years
progress, be esteemed more and more valuable. They err
sadly who think such records puerile, or of small value.
The future will cherish and perpetuate them as the choicest
gifts this generation can confer.
TERRITORIAL NEWSPAPERS.
The first newspaper established in the territory of Wis
consin was at Green Bay, named the Intelligencer, in 1833,
J. V. SuYDAM editor. In 1834, '^^ establishment passed
into the hands of Albert G. Ellis, and was continued with
varying fortunes till 1837, when it was suspended, and the
office removed to Southport (Kenosha) in 1840, leaving
Brown county without a newspaper. In 1839, the number
had increased to five, to wit:
The Wisconsin Democrat., Green Bay, Charles C. Sholes, editor.
Advertiser, Milwaukee, Daniel H. Richards, editor.
Sentinel., Milwaukee, Harrison Reed, editor.
Wisconsin Enquirer., Madison, J. A. Noonan, editor.
Wisconsin Express, Madison, W. W. Wyman, editor.

1 8 SCHOOLS AND EDUCATION  STATE GOVERNMENT.
In 1845, the number had increased to eleven, and at the
close of territorial government in 1848, thirteen were pub
lished. Now, 1880, they number 302.
SCHOOLS AND MEANS OF EDUCATION.
Wisconsin from the first has never been without schools.
They were established by missionaries at Green Bay and
Prairie du Chien near one hundred years ago, and there
after speedily followed all new military posts and settle
ments. The territorial government provided for common
schools among its first acts. They were of course isolated
and wide apart, but, nevertheless, increased with settle
ment, and had taken firm foothold before the state was
organized. This is equally true of academies and institu
tions of higher grade, in which various church organiza
tions may be included. Education was ever recognized as
of paramount importance in the new commonwealth.
PRELIMINARIES TO FORMATION OF STATE GOVERNMENT.
The question of forming a state government was very
early urged upon the attention of citizens of the territory.
In his message to the legislature in 1838-9, at the first ses
sion held in Madison, Gov. Dodge called attention to a bill
introduced into congress for that purpose, and advised that
provision be made to obtain a popular vote. The subject
was referred to a committee, which reported that, as a
preliminary step, it was necessary to have the southern
boundary definitely decided and established. In 1839-40,
the governor renewed his recommendation, and advised
that a resolution be passed to submit the question at the
August election, and that a convention be called of dele
gates from all parts of the territory, to pass upon it. The
proposition was not received with favor. In 1840-1, a res
olution was adopted authorizing a vote of the whole people.
In 1841-2, Hon. Levi Sterling reported from the commit
tee on Territorial Affairs, to whom the subject had been

FORMATION OF STATE  FIRST CONVENTION. I9
referred, that a communication from the secretary of the
territory showed that the vote returned as cast at the pre
vious election was only 92 for state government, 499 against
it, and recommended no further action. In 1842-3, another
vote seems to have been taken, the result of which, as
communicated by Col. Alex. Botkin, acting secretary, to
the legislature, showed that 619 votes had been cast for,
and 1,821 against the change, and that eleven counties had
made no report. In 1843-4, the return of votes cast upon
the proposition showed 541 for, and 1,276 against it. It
was generally denounced at the time as "Doty's pet
scheme." In 1844, the question was again introduced, but
indefinitely postponed in the council. In 1845, a bill for the
purpose was defeated in the house. In January, 1846, a
bill passed both houses, submitting the question to the
people for their approval or disapproval. It provided for
a representation of 124 members, and divided the territory
into the necessary election districts. The law was ratified
by a majority vote, and in accordance with its terms, dele
gates were subsequently elected to form a constitution to
be submitted to popular approval.
THE FIRST CONVENTION  NATIVITY AND OCCUPATIONS.
This body met at Madison on the 5th of October, 1846,
and closed its labors on the i6th of December following.
The constitution it had framed was submitted to vote at
the ensuing spring election, and after an exciting contest,
the effects of which were long manifest in political circles,
it was defeated, chiefly owing to differences of opinion
upon the article in relation to the rights of married women,
the article on exerpptions, the bank articles, the number of
representatives in the legislature, and the elective judiciary.
This convention was at the time, and has ever since been
regarded as one of great, if not extraordinary, intellectual
ability. Its members were all in the prime of life, the rep
resentatives of the systems of many states, generally highly

20 THE FIRST CONVENTION — NATIONALITY.
educated, and possessed of mental culture far above the
average of men. In both their agreements and disagree
ments, they exhibited an acuteness of logic and learning,
and a comprehension of fundamental principles of govern
ment rarely if ever witnessed in a deliberative assembly.
In its composition, nativity of members, and personal
avocations and pursuits, it probably better illustrates the
then per cent, of resident, but recent immigrants, and
relative proportion of industrial pursuits, than any other
demonstration in our power to make.
Statistics taken from the record give the following re
sults as to nationality, to vrit.
WHERE BORN.
New York  42 Kentucky  2
Vermont  18 Virginia  z
Connecticut  8 Rhode Island 
Pennsylvania  6 New Hampshire 
Ireland  >j Maryland 
Germany  3 Maine 
England  i Island of Jamaica 
New Jersey  4 Unrecorded  16
OCCUPATIONS.
Farmers  69 Physicians  3
Lawyers  26 Lumbermen  2
Mechanics  7 Miller  i
Merchants  6 Unrecorded  5
Miners  5
New York, it will be seen, leads all other states in the
number of members, and, with those from Vermont, nearly
comprised a majority. As each state has some peculiarities
in organic structure, it is not a matter for surprise that di
versity existed when it came to framing a new fabric. The
occupations, too, are quite significant. The farming ele
ment was largely predominant, while the lawyers — out of
proportion as to their relative numbers as citizens — fur
nished the master minds of the assemblage. As might
have been anticipated, many novelties and innovations on

THE SECOND CONVENTION  NATIVITY. 21
past precedent and practice were brought forward, dis
cussed, dissected, and in the end became the basis, to some
extent, of formal division. The proportion of foreign to
native born will also attract attention for its wide
disproportion as compared with the present. The Irish
and German nationalities had just begun to emerge into
public notice. With two exceptions only of delegates
other than these, all were of American birth.
SECOND CONSTITUTIONAL CONVENTION.
On the failure of the first constitution of ratification by
a majority vote, the territorial legislature was convened
in extra session, and by an act approved October 27, 1847,
a second convention was authorized. Representation in
this body was reduced to sixty-nine members, and election
districts altered to correspond with the change. The del
egates chosen convened at Madison on the 15th of Decem
ber following. Only five of those who had served in the
first convention were elected members of this body. The
points of difference having been disclosed by the preceding
canvass, its duties were in a great measure to make such
modifications and changes as would meet general approval.
While differing in no degree in point of ability with its
predecessor, its members were regarded as more conserv
ative, and less extreme in their views.
The nativity of members of the second convention was
as follows: WHERE BORN.
New York  25 Maine 
Connecticut  9 Ohio 
Massachusetts  6 Virginia 
Vermont  51 Pennsylvania 
New Hampshire  3 New Jersey 
Kentucky  3 Maryland 
Ireland . ,  5 Northwest Territory 
Germany  i Unrecorded 
Norway  I

22 RECORD OF MEMBERS PREVIOUS TO CONVENTION.
The body was composed of sixty-nine members.
OCCUPATIONS.
Farmers  31 Millers  2
Lawyers  19 Lumberman  I
Physicians  S Geologist  I
Merchants  5 Civil Engineer  i
Editors and printers  3 Unknown  I
In the first convention, the oldest member, William
Berry, was aged 65; the youngest, George B. Smith, was
aged 23. In the second, the oldest was Joseph Colley,
aged 65; the youngest was Harvey G. Turner, aged 25.
Omissions in the records of the first body prevent an accu
rate statement of the average age. It was probably about
37 years, and this would hold about correct as to the second.
RECORD OF members PREVIOUS TO FIRST CONVENTION
Of the members of the first constitutional convention,
the following had previously served one or more terms in
the Territorial Council:
Henry S. Baird, Marshall M. Strong, Don. A. J. Upham,
Charles M. Baker, Moses M. Strong, James R. Vineyard,
Frederick S. Lovell, John H. Tweedy, Ninian E. Whitesides.
The following had served one or more terms in the House :
David Agry, Andrew E. Elmore, Asa Kinney,
Chas. E. Browne, Moses S. Gibson, Jas. Magone,
Thomas P. Burnett, David Giddings, John H. Manahan,
Dan'l R.' Burt, Neely Gray, Moses Meeker,
John Crawford, John Hackeft, Dan'l M. Parkinson,
Thomas Cruson, Franklin Z. Hicks, Horace D. Patch,
William M. Dennis, Benj. Hunkins, Noah Phelps.
Pitts Ellis, Thomas Jenkins,
Of the members of the Second Convention, the following
had previously served in the Territorial Council for one or
more terms: Morgan L. Martin, Frederick S. Lovell,
John H. Rountree, Edward V. Whiton.
And in the House:
Byron Kilbourn, Andrew B. Jackson,
William Richardson, William A. Wheeler,
Geo. W. Featlierstonhaugh.

RECORD AFTER STATE ORGANIZATION.

Several of the members of both bodies had, previous to
locating in Wisconsin, served as members in the legisla
tures of other states.
RECORD AFTER STATE ORGANIZATION.
The following members of the First Constitutional Con
vention, fifty-two in number, were elected and served either
as Senators or Assemblymen after the state was organized,
for one or more terms:

David Agry,
Hiram Bai-ber,
J. Allen Barber,
Stephen O. Bennett,
John W. Boyd,
Charles Burchard,
Horace Chase,
Warren Chase,
S. T. Clothier,
Hopewell Cox,
John Crawford,
Wm. M. Dennis,
E. W. Edgerton,
Pitts Ellis,
Andrew E. Elmore,
G. M. Fitzgerald,
Moses S. Gibson,

James Gilmore,
Lemuel Goodell,
E. B. Goodsell,
Wallace W. Graham,
Wm. C. Green,
John Hackett,
Wm. B. Hesk,
F. Z. Hicks,
F. Huebschmann,
Benj, Hunkins,
Geo. Hyer,
Thos. Jenkins,
Stoddard Judd,
C. J. Kern,
Asa Kinney,
Joseph Kinnie, Jr.
F. S. Lovell,
V. M. Willard.

David Noggle,
D. M. Parkinson,
Rufus Parks,
H. D. Patch,
Theodore Prentiss,
A. W. Randall,
Pat. Rogan,
Geo. B. Smith,
Elijah Steele,
Marshall M. Strong,
Moses M. Strong,
Pat. Toland,
Peter H. Turner,
John H. Tweedy,
James R. Vineyard,
Salmous Wakeley,
N. E. Whitesides,

Of the members of the Second Convention, thirty-one
out of the sixty-nine composing that body have since
served in the State Legislature for one or more terms,
either as Senators or Assemblymen, as follows:

A. M. Carter,
Warren Chase,
Paul Crandall,
John L. Doran,
Charles Dunn,
Experience Estabrook.
James Fagan,
D. G. Fenton,
G. M. Fitzgerald,
Jonas Folts,

E. A, Foot,
George Gale,
Peter D. Giiford,
Louis P. Harvey,
S. P. Hollenbeck,
Stoddard Judd,
James T, Lewis,
F. S. Lovell,
Geo. W. Lakin,
Charles H. Larkin,
Abraham Vanderpool.

Hollis Latham,
S. R. McClellan,
Morgan L. Martin,
Theodore Prentiss,
J. D. Reymert,
William Richardson,
Eleazer Root,
John H. Rountree,
H. T. Sanders,
H. G. Turner,

24 SERVED IN HIGHER OFFICES OF STATE AND NATION.
SERVED IN HIGHER OFFICES OF STATE AND NATION.
The following named members of the conventions have
filled the positions respectively mentioned, either state or
national, for one, or more terms, as follows:
In the Cabinet. — Alexander W. Randall, First Assistant, and Post
master General.
Ministers to Rome. — Alexander W. Randall and Rufus King.
Delegates to Congress. — James Duane Doty, Morgan L. Martin and
John H. Tweedy.
Congresstnen. — Orsamus Cole, James Duane Doty, Charles H. Lara-
bee and J. Allen Barber.
Governor of Territories. — James Duane Doty, both of Wisconsin and
of Utah.
Governors of the State. — Alexander W. Randall, Louis P. Harvey and
James T. I,ewis.
Governor of Florida. — Harrison Reed, for six years.
Lieutenant Governors. — Samuel W. Beall, James T. Lewis.
Lieutenant Governor of Minnesota. — William Holcombe, at first or
ganization of the state.
Secretaries of State. — Louis P. Harvey and James T. Lewis.
State Treasurer. — Edward H. Janssen.
Attorneys General. — Henry S. Baird, A. Hyatt Smith, George B.
Smith, Experience Estabrook and William R. Smith.
Bank Comptroller. — William M. Dennis.
Superintendent of Public Instruction. — Eleazer Root.
Cliief Justices of Territories. — Charles Dunn and David Nogo-le.
Chief Justices of the State. — Edward V. Whiton and Edward G.
Ryan. Associate Justice. — Orsamus Cole, for a period of twenty-five years
and has just entered upon a new term of ten years.
Judges of Circuit Cotirts. — Edward V. Whiton, Charles H. Larrabee
George Gale, David Noggle and Alex. W. Randall.
In Military Service. — Major General. — Rufus King.
Colonels and Lieutenant Colonels. — Charles H. Larrabee John L.
Doran, Horace T. Sanders, Samuel W. Beall and Frederick S. Lovell.
Majors. — Morgan L. Martin and Moses S. Gibson.
Several served in less important positions. Among them
we note Capt. Horace D. Patch, who died in the service.
Whether in cabinet, executive office, court, council or the
field, the representatives of the constitutional conventions

constitution OF 1846 REJECTED  THE DEAD. 2^
were noted for learning, probity and unswerving patriotism.
A state that before its eighteenth j^ear had sent 96,000 of
its sons to swell the armies of the Federal Union, has made
a record that may well make posterity proud of its authors.
CONSTITUTION SUBMITTED IN 1 846 AND REJECTED.
The constitution submitted for approval in 1846 was not
included in the journal of the convention, nor published,
except in pamphlet form, and is now out of print, and rarely
to be found even in public libraries. For this reason we
have deemed its republication an essential part of this
pioneer record. It was the primary organic law, modified
into our present constitution, which, with but few compar
atively unimportant amendments, has stood all tests of a
generation since its adoption.
THE ILLUSTRIOUS DEAD.
It is not without a feeling of pride, mingled with sadness,
that we allude to a few of the more illustrious dead of the
members of the constitutional conventions. Probably the
annals of no other of the younger American states present
an array of names among its founders called to fUl so many
important positions, or whose public careers shed a brighter
lustre on the pages of history.
James Duane Doty and Chief Justice Charles Dunn,
and their associates, may properly be regarded as the
founders of civil jurisprudence in Wisconsin, the authors
of a system which, under the cultured and careful admin
istration of Chief Justice Edward V. Whiton, after state
organization, make up the sum of the civic code of the
present, enlarged and enriched by the profound learning of
our present Chief Justice, Edward G. Ryan, and his long
tried Associate, Orsamus Cole. It is the concurrent testi
mony of the legal profession that in erudition, thorough
research, and far-seeing sagacity, the precedents established
by their decisions constitute land-marks for the guidance
of the future, which will endure even longer than the fabric
of state government.

26 the illustrious dead.
Among the lawyers specially gifted, the names of Mar
shal M. Strong, David Agry, Henry S. Baird, Don A.
J. Upham, Frederick S. Lovell, Charles M. Baker,
Alexander W. Randall, George GaLe, Horace T.
Sanders, and Samuel W. Beall, were of special promi
nence. In professional ability they justly took high rank.
As a member of the national cabinet, Alexander W.
Randall stands alone ; but as a lawyer, judge, governor
and foreign minister, his merits and abilities were equally
conspicuous, and placed his name in the front rank both as
a jurist and statesman. Gov. Louis P. Harvey, after a
career distinguished for merit, fell early as a martyr to
patriotism and humanity, while making efforts to mitigate
the horrors of the battle field. Lieut. Governor Samuel
W. Beall, after years of military service in defense of the
Union, met death by violence. William Holcombe,
after ably representing that part of Minnesota at the time
of the conventions included in Wisconsin, died after filling
the position of first Lieutenant Governor of that state.
Edward H. Janssen was for four years treasurer of state.
Henry S. Baird, George B. Smith and William R.
Smith respectively filled the position of Attorney General.
David Noggle held the position of Chief Justice of Idaho
territory until a short time before his death.
In positions less prominent but scarcely less important, j
we may notice among physicians the name of Doctors
Alfred L. Castleman, Stoddard Judd, and Moses
Meeker, each noted for professional skill. Of editors, the
names of John Y. Smith, Rufus King and George
Hyer, were conspicuous for learning and ability. In
George W. Brownell, who, after a long career of travel
and investigation, finally perished by the hand of savages,
science lost one of its most earnest and devoted pioneer
votaries. Of all, it may be said, they faithfully and conscientiously
discharged their part, and their names are worthy of rec
ord on the world's roll of honor.

THE £E-UNION — ANNIVERSARY MEETING. 27
THE RE-UNION.
ANNIVERSARY MEETING OF THE FATHERS OF THE STATE.
Pursuant to a call made upon the suggestion of several
surviving members of the constitutional conventions of
1846 and of 1847-8, a meeting was held in the senate cham
ber in Madison, February i, 1878, it being the thirtieth
anniversary of the signing of the organic law which
when ratified by a popular vote, became the organic kw of
Wisconsin. On motion of Judge Orsamus Cole, Hon. Morgan L.
Martin, president of the second convention, was chosen
to preside over the meeeting.
On assuming the chair, Morgan L. Martin addressed
the assemblage as follows:
Gentlemen of the Convention:
You have been called together at the suggestion of some of our former
colleagues, and I take pleasure in expressing the greetings due to the
occasion. In the full vigor of life, and with all its important objects, and perhaps
expectant honors before them, the delegates selected by the partiality of
their neighbors to frame a government for our state, came together to
perform the duty.
Thabtheir labors were crowned with success, was proved by the adop
tion of the constitution by a popular vote; that they have continued to
receive approval, is shown by the fact that its most important provisions
remain unchanged, after a trial of thirtv years.
A population of perhaps one hundred and fifty thousand, which rat
ified the constitution, has swelled to ten times that number, and yet the
charter which was given us by Dunn, Whiton, Harvey, King, Judd
and their associates, still adorns the statute book of our state. While all
honor is given to the men of the convention of 1847, the names of Doty,
Marshall M. Strong, Burnett, and their colleagues of 1846, should
not be forgotten. They are all illustrious upon the pages of our early
history and now, that the excitements and asperitiess of the time have
passed away, we should do equal honor to all of the foremost men of the
period in which thej' lived.
Success is not always the true criterion of the correctness of human
action. Mistakes are sometimes fortunate in their results. Our people
had become highly excited by many questions then undergoing public

28

THE CONVENTION ROLL-CALL.

discussion. The first convention largely imbibed the peculiar tenets of
men of extreme views, and though a popular vote did not ratify their
action, it was the ground-work upon which all our subsequent legislation
was based. The constitution, as finally ratified, was the work rf con
servatism. The current of public opinion, by the discussions of the
previous year, had become so clearly defined, that we of the second con
vention had but to follow its course.
Gentlemen of both conventions, let us then unite in ascribing appro
priate honors to all who participated in the formation of that excellent
charter, under which we have become a great and prosperous state. The
changes which time has wrought make our gatherings occasions of heart
felt gratulation, mingled with sadness. Our numbers are fearfully dimin
ished, but while any of us yet survive, let us cling together as a band of
brethren, who were all co-workers in a common cause, the creation of a
fabric which may yet endure to guarantee to untold millions who survive
us, " life, liberty and the pursuit of happiness."
On motion of ex-Gov. J. T. Lewis, — who stated that
Mr. Kellogg, the secretary of the first convention, was
unable to be present, — Horace A. Tenney and David
Atwood were chosen secretaries.
The roll of the convention was then called by counties,
when the following named persons were found to be
present: FIRST convention.

Moses M. Strong,
Geo. B. Smith,

Orsamus Cole,
Wm. H. Fox,
Andrew B. Jackson,
Chas. H. Larkin,

Abel Dunning,
Nathaniel F. Hyer,
Chas. E. Browne.
SECOND CONVENTION.
JasTT. Lewis,
Morgan L. Martin,
Samuel R, McClellan,
John H. Rountree,
Wm. A. Wheeler.

Theodore Prentiss,
David L. Mills,

Theodore Prentiss,
Milo Jones,
A. M. Carter,
E. A. Foot,

THE CONVENTION ROLL CALL.
The rolls of the two conventions were then called in full
to account for those absent as fully as the memory of those
present, as to the fortunes and fate of their old associates,
would permit. As successive names were reached of the
eminent men who have passed over on the other side, able

THE CONVENTION ROLL-CALL.

29

and eloquent tributes to their memory were paid by Hons.
Moses M. Strong, Orsamus Cole, Geo. B. Smith, S.
R. McClellan, J. H. Rountree, A. B. Jackson, C.
H. Larkin, A. M. Carter, E. A. Foot, D. L. Mills,
C. E. Browne, James T. Lewis, and others. With the
information thus obtained, alnd with what the compilers
have been able to obtain since that time, up to the day
of putting this book to press, they have been able to
account for nearly the whole number. Changes in post-
office address, in the creation of counties, towns, cities
and villages, and removals from the state, have rendered
the labor of obtaining this information quite difficult.
Below, the perfected roll is given, as nearly complete and
perfect as it has been possible to make it. With those
marked thus, * there is a slight doubt, as nothing definite
has been heard from them.

CONVENTION OF 1846.

Barber, Hiram
Barber, J. Allen
Bowen, Davis
Boyd, John W.
Browne, Charles E.
Brown, Hiram
Burt, Daniel R.
Carter, James B.
Chase,. Horace
Chase, Warren
Cooper, John
Crawford, John
Cruson, Thomas
Dennis, Wm. M.
Dickinson, Nathaniel
Dunning, Abel
Edgerton, Elisha W.

Agry, David
Atwood, Elihu L.
Babcock Barnes

Living Members — ^z.
Gibson, Moses S.
Giddings, David
Goodell, Lemuel
Goodsell, Elihu B.
Graham, Wadace W.
Granger, Benjamin
Green, William C.
Hackett, John
Hammond, Sanford P.
Hazen, Lorenzo
Hicks, Franklin Z.
Hunkins, Benjamin
Hyer, Nathaniel F.
James, Thomas
Kellogg, Chauncey
Kinney, Asa
Manahan, John H.
Elmore, Andrew E.
Death Roll — 72.
Babcock, John M.
Baird, Henry S.
Baker, Charles M.

Mills, David L.
O'Connor, Bostwick
Phelps, Noah
Prentiss, Theodore
Rankin, Aaron
Reed, George
Rogan, Pabick
Ryan, Edward G.
Smith, A, Hyatt
Smith, Sewell
Steele, Elijah
Stockwell, T. S.
Strong, Moses M.
Topping, Josiah
Turner, Peter H.
Tweedy, John H.
White, Joshua L.

Beall, Samuel W.
Bell, William
Bennett, Stephen O.

3°

THE CONVENTION ROLL-CALL.

Berry, William
Bevans, Lorenzo
Bowker, Joseph
Brace, P. A. R.
Burchard, Charles
Burnett, Thomas P.
Burnsides, Andrew
Clark, Wm. H.
Clothier, S. T.
Chamberlain, James
Coumbe, Edward
Coxe, Hopewell
Doty, James Duane
Drake, Jeremiah
Ellis, Pitts
Fitzgerald, Garritt M.
French, Haynes
Fuller, Benjamin
Gilmore, James
Goodrich, Henry C*
Gray, Neely

Hall, George B.
Hall, James H.
Harkins, Daniel
Hawes, M. T.
Hayes, James P.*
Hesk, Wm. R.
Huebschmann, F.
Hill, La P^ayette
Holcombe, William
Hyer, George
Inman, Israel, Jr.
Janssen, Edward H.
Jenkins, Thomas
Judd, Stoddard
Kern, Charles, J.
Kinnie, Joseph, Jr.
Lovell, Frederick S.
Madden, W. J.
Magone, James
Meeker, Moses
Moore, James M.

Noggle, David
Patch, Horace D.
Parkinson, Daniel M.
Parks, Rufus
Parsons, C. H.*
Pierce, Joseph S.
Randall, Alex. W.
Seaver, Lyman H.
Smith, George B.
Smith, John Y.
Smith, William R.
Soper, Evander M.
Strong, Marshal M.
Toland, Patrick
Upham, D. A. J.
Vineyard, James R.
Vliet, Garrett
Wakeley, Salmous
Whitesides, N. E.
Willard, Victor M.
Wilson, Joel F.

OFFICERS.
President — D. A. J. Upham, deceased.
Secretary — La Fayette Kellogg, deceased.
Sergeant-at-Arms — John W. Starkweather, living.
C/iaplains — 'R.ei-v. Stephen McHugh, deceased, and S. E. Miner, living.
REPORTERS.
Argus — Y{. A. Tenney and J. G. Knapp, living.
Democrat — Beriah Brown, living.
Express — Jerome R. Brigham, living.
Milivaukee Sentinel — Charles Holt, living.

CONVENTION OF 1847-S.
Living Members — ^i.

Carter, Almerin M.
Cole, Albert G.
Cole, Orsamus
Crandall, Paul
Chase, Warren

Fowler, Albert
Fox, William H.
Jones, Milo
Larrabee, Charles H.
Lakin, George W.

Davenport, Stephen A. Larkin, Charles H.
Doran, John L. Latham, Hollis
Estabrook, Experience Lewis, -James T.
Featherslionhaugh, Martin, Morgan L.
George W. McClellan, S. R.
Foot, Ezra A. McDowell, William

Prentiss, Theodore
Reed, Harrison
Reymert, James D.
Richardson, William
Root, Eleazer
Rountree, John H.
Secor, Theodore
Turner, Harvey G.
Warden, Allen
Wheeler, William A.

THfi CONVENTION ROLL-CALL.

31

Death Roll— 38.
Gale, George
Gilford, Peter D.
Harrington, James
Harvey, Louis P.
Hollenbeck, S. P.
Jackson, Andrew B.
Judd, Stoddard
Kinnie, Augustus C.
Kennedy, Wm. H.
Kilbourn, Byron
King, Rufus
Lovell, Frederick S.

Lyman, Samuel W.
Mulford, Ezra
Nichols, Charles M.
O'Connor, John
Pentony, Patrick
Ramsay, Alex. D.
Sanders, Horace T.
Scagel, George
Schoeffler, Moritz
Steadman, Silas
Vanderpool, Abram
Ward, Joseph
Whiton, Edward V.

Beall, Samuel W.
Bishop, Charles* '
Biggs, James
Brownell, Geo. W.
Case, Squire S.
Castleman, Alfred L.
Colley, Joseph
Cotton, Emulous P.
Dunn, Charles
Fagan, James
Fenton, Daniel G.
Fitzgerald, Garrett M.
Folts, Jonas OFFICERS.
President — Morgan L. Martin, living.
Secretary — Thos. McHugh, deceased.
Sergeant-at-Arms — E. R. Hugunin, unknown. ¦
Chaplains — Revs. Charles Lord, deceased, and H. W. Read and John
Penman, living. REPORTERS.
Argus — H. A. Tenney and H. W. Tenney, Uving; John. Y. Smith
and David Lambert, deceased.
Democrat — Beriah Brown, living.
Express — David Atwood, living.
The following resolutions were unanimously adopted:
Resolved, That the secretaries of this convention be requested to prepare
biographical sketches of all the members, secretaries and reporters of the
Constitutional Conventions of 1846 and 1847, and cause the same to be
printed; and for that purpose to call upon such persons as they shall
deem expedient, to furnish such sketches, and that the same, when pre
pared, be deposited in the archives of the State Historical Society; and
that the legislature be requested to provide for the proper publication
thereof, in book form, as a part of the permanent records of the state.
By Mr. Carter:
Resolved, That when this convention adjourn, it be until the first
Wednesday in February, 1879, and the absent members living, of both
conventions, the members of the first legislature elected under the state
constitution, and the first state officers, be requested to meet with us at
that time.
Major H. A. Tenney, being called upon, delivered an
interesting address as to his recollections of the old con
ventions, from a reportorial standpoint, he having served
as a' reporter in both conventions.

32 LAW, AUTHORIZING THIS PUBLICATION.
The convention then adjourned to Wednesday, Febru
ary 5, 1879, to receive the report of the secretaries, and to
transact such other business as might be esteemed proper.
On Wednesday, February 5, 1879, a small number of
the veterans of the two Constitutional Conventions met at
the Capitol in Madison.
The secretaries submitted a report of their labors, in
obedience to a resolution of the meeting of the previous
year, and presented brief sketches of the lives and career
of the members of both Constitutional Conventions. After
an examination of these sketches, they were approved;
and a memorial was adopted, asking the legislature to
make provision for procuring and distributing a number
of volumes containing the same. The secretaries were
instructed to present the memorial to the legislature, and
to secure, if possible, the passage of a law, in accordance
with its provisions.
Acting under the instruction above indicated, the secre
taries presented the subject to the legislature of 1880, and,
after due consideration, in response to the request, the fol
lowing law was passed with great unanimity:
CHAPTER, Z7S — LAWS OF 1880.
Section I. The secretary of state is he.eby authorized and directed to subscribe, in the
name of the state, for the purchase of one thousand copies of a volume containing the
sketches of the lives of and personal career of each member of the Constitutional Conven
tions of 1846 and 1847-8, with suitable introductory matter, prepared by HoR.^CE A, Tenney
and David Atwood, as directed by a meeting of the surviving members of said conven
tions, held at Madison, February 5, 1878 ; the volume to be printed upon good book paper,
from clear type, and to be bound in substantial cloth binding; to contain not less than four
hundred pages of printed matter, the price not to exceed one dollar and twenty-five cents
per volume.
Sec, 2, The books provided for in the preceding section shall be printed, bound and
delivered to the secretary of state, within six months after the official subscription for the
same is made. The said secretary of state shall cause said volumes to be distributed as
follows : One copy to each of the state officers, and to each member of the legislature of
1880 ; one copy to each surviving member of the Constitutional Conventions of 1846 and
1847-8, and one copy to a legal representative of every deceased member of either of those
bodies ; the balance to be deposited in the library of the State Historical Society, to be used
for the purposes of exchange.
Sec. 3. On the delivery to and the acceptance by the secretary of state, of the books
provided for in the first section of this act, the said secretary of state shall audit the account
for the same, and draw his warrant upon the state treasurer for its payment ; and there is
hereby appropriated out of any money in the state treasury not otherwise appropriated, an
amount sufficient to pay the warrant thus drawn. Approved March 15, 1880.

BIOGRAPHICAL SKETCHES.

CONVENTION OF 1846.

BIOGRAPHICAL SKETCHES.
CONVENTION OF 1846.

HON. DAVID AGRY.
Thomas Agry, of Barnestable, Mass., was the earliest
ancestor of whom we have a record. He was a ship
wright by trade, and built many sea-going vessels, at
Agry's Point near Pittston, Me., at which place he settled
before 1770. His youngest son John was the father of the
subject of this sketch, born in Barnestable, April 7, 1763,
married Elizabeth Reed, of Boothburg, Me., August
13, 1793, removed from Pittston to Hollowell, in 1801,
and died in 1848. David was born in Pittston, August 2,
1794; enjoyed a collegiate education, graduating at Dart
mouth College, Hanover, N. H., in 1815; was a lawyer by
profession ; practiced several years in Bangor, Me. When
about thirty years of age, removed to Louisiana. After a
sojourn of some time in New Orleans, he finally opened an
office at Shreveport, where he resided for a number of
years. He subsequently returned to the north, and was
located for awhile in JSTew York city. He there made the
acquaintance of Mr. Jos. Rolette, of Prairie du Chien,
and a relative of Mrs. Baird, of Green Bay, by whose
representations he was led to think of that place as a resi^
dence, and finally landed there from a Buffalo steamer in
the month of September, 1840. For the first season he
domiciled with Mr. Martin, but in the following year
opened an independent office, in company with J. S. Fisk,
Esq. In 1842, he was elected a member of the Territorial
House of Representatives, and re-elected the succeeding
year. In 1850, he was elected County Judge of Brown

2,6 HON. ELIHU L. ATWOOD. -
county, which position he held until the time of his death,
January 30, 1877. He was elected a member of the Con
stitutional Convention in 1846, from the county of Brown,
and served in that body as chairman of the committee on
the powers, duties and restrictions of the legislature, and
was also a member of the committee on the executive of
the state. His services throughout the session were in the
highest degree important, dignified and conscientious, and
he ranked as a peer among the most distinguished men of
that body. , His abilities were of the highest order, finely
cultivated, profound, and all his acts marked with the force
of personal conviction and innate honesty. He was a
lawyer of superior erudition, and an assiduous reader of
general literature, and, before age and extreme deafness
had obscured his powers, there was no man in the com
munity where he lived, who could yield a richer fund of
intellectual entertainment for a social circle. It was said
of a famous Englishman, that " though not a man to be
loved, he was eminently a man to be trusted." Judge
Agry was eminently a man to be trusted and loved.
Though never married, he seemed peculiarly domestic in
his tastes and feelings, and always entered with hearty zest
into the joys and cherished a tender sympathy with all the
sorrows of the family circles where he was an honored and
pleasing guest. 1
HON. ELIHU L. ATWOOD.
Elihu Lester Atwood was born in Alfred, Berkshire
county, Massachusetts — the eldest son of John Atwood
and Nancy Lester, his wife, both of English . descent.
His education was common school, and general occupation
mercantile. Married to Sarah F. Penniman, September
^4' 1835- Settled in what is now the town of Lake Mills,
Jefterson county, in May, 1837, where he resided up to the
time of his death, October 24, 1874, i" the 69th year of his
age. Was elected a member of the first Constitutional

HON. BARNES BABCOCK  HON. JOHN M. BABCOCK. 37
Convention from the county of Jefferson, at the age of 51
years, in which body he served as a member of the
standing committee on amendments to the constitution.
While his services in this body were in no way distin
guished beyond the mass of his associates, the record he
made in its deliberations is one of practical sense and
conscientious convictions. In private life he filled all the
various offices of the town from year to year, almost by
general consent — a distinction that few of the early pio
neers escaped. Of his whole career, it may be said in
brief, that it was both useful and honorable in the highest
degree. HON. BARNES BABCOCK.
The place of nativity of Barnes Babcock, by some
oversight, was not made a matter of record, nor his age.
He was by profession a farmer. Was elected to the Con
stitutional Convention of 1846 from Muskego, Waukesha
county, and served on the committee on miscellaneous pro
visions. Except this, he took no prominent part. He was
a gentleman possessing sterling qualities, and strong native
sense, and was highly esteemed by his associates. No
record of his after career has been accessible. He died
many years ago. HON. JOHN M. babcock.
John M. Babcock was a native of Vermont, early set
tled in Dane county as a pioneer farmer, and was 47 years
of age when elected a member of the first Constitutional
Convention, as one of the representatives from the county
of Dane. He served on the committee on the act of con
gress for the admission of the state; but otherwise took
no conspicuous part in the proceedings. He was noted for
sterling sense, fair abilities, and inflexible integrity of char
acter, and enjoyed the respect of all who knew him. He
died in 1848.

38 HON. HENRY. S. BAIRD.
HON. HENRY S. BAIRD.
Henry S. Baird was born in Dublin, Ireland, May 16,
1800. His father emigrated to America, and settled with
his family in Pennsylvania, in 1804. After experiencing
the inconveniences and privations of the period, Mr. Baird,
by dint of extraordinary diligence and persistence, acquired
a good common school education. At the age of eighteen,
he commenced the study of law, which he continued for
several years, a portion of the time in the office of the late
Gov. Wood, of Cleveland, Ohio. He was admitted to the
bar in 1823, and in July, 1824, attended the first term of
court at Green Bay, and subsequently, the first term held
in the county of Crawford. The same year he visited
Mackinaw, where he had previously resided for a season,
and was there married to Elizabeth L. Fisher — the
family returning to Green Bay in September, where it ever
after resided.
The marked abilities of Mr. Baird speedily secured
him a leading position at the bar, and he became widely
known, not less for professional skill than unswerving hon
esty and integrity. In 1836, he was elected a member of
the Territorial Council, and was chosen its president.
This was its first session, held at Belmont, in what was
then Iowa county. He was subsequently, the same year,
appointed attorney general by Gov. Dodge. In 1846, he
was elected a member of the Constitutional Convention,
from the county of Brown. He served in that bodj^ as
chairman of the committee on the organization and officers
of counties and towns, and their powers and duties, and
was also a member of the committee on the constitution
and organization of the legislature. His services, indeed,
throughout, were of a highly important character, and
marked him as one of the most conspicuous among the
very able members composing the body.
After the organization of the state, he was for a long

HON. CHARLES M. BAKER.

39

period kept in numerous public positions of local useful
ness, but declined all solicitations to embark in political
life, preferring the practice of his profession. His career
throughout was marked by every quality of true manhood,
uprightness of purpose, and a faithful discharge of every
duty, public and private. He died full of years and hon
ors, April 28, 1875, lamented by all who- had known him.
HON. CHARLES M. BAKER.
The ancestral record of Mr. Baker dates from an early
period in American annals. His grandfather, David
Baker, was born in New Jersey in 1751, and died and
was buried at Morristown in the same state. James
Baker, his father, was born, March 18, 1777, in New Jer
sey, and died at Geneva, Wisconsin, October 10, 185 1.
His wife, whose maiden name was Elizabeth Price, was
born March 20, 1780, and died October 24, 1870. Charles
M. was born in Warren, N. Y., October 18, 1804.
Mr. Baker, after enjoying a common school education,
entered Middlebury College, Vt., in 1822, was a lawyer
by profession, and settled at Geneva Lake, Walworth
county, Wisconsin, in 1838. He was married, September
6, 1830, to Martha Larrabee, of Shoreham, Vt., and
after her death, married Eliza Holt, in 1844.
He was elected to the Territorial Council in 1842, and
re-elected in 1844, serving four years. In 1846, he was
elected a member of the Constitutional Convention, from
the county of Walworth, and served in that body as chair
man of the committee on the organization and functions
of the judiciary. He took a prominent part in all pro
ceedings. After the -organization of the state, he was, in 1849, ap
pointed head of the commission for the revision of the
statutes, and in 1856 was appointed circuit judge by the
governor. Later, during the war of the rebellion, he held
the position of commissioner of the first military district,
under appointment of the provost marshal.

40

HON. HIRAM BARBER.

Mr. Baker was a profound lawyer, an able advocate,
and in all senses an ornament to a profession which his
learning adorned. He was a tireless reader and worker,
ever ready in legal cases entrusted to him, all points in
which received the minutest examination and most critical
analysis. His habits w^re singularly quiet, unobtrusive,
and studious. His reading extended far beyond the re
quirements of his profession, covering the whole range of
historic and scientific inquiry.. He was largely gifted in
mental powers, and, on a different field, would have
achieved for statesmanship all that he did for law. He was,
moreover, thoroughly honest and conscientious, an upright
and worthy citizen, a kind and loved neighbor, and a valued
friend. In all the relations of life he bore an honorable
part — above suspicion as above reproach. His death was
a loss to humanity at large. He died at Geneva, February
5, 1872, aged 68 years. HON. HIRAM BARBER.
f
Hiram Barber was born at Hebron, Washington
county. New York, January 25, 1800, and is the son of
David and Hannah (Baker) Barber. His father was
a levolutionary soldier. There was no convenient school,
and Hiram pursued his studies at home, receiving all his
education in this way, excepting one year at Fort Ann.
At the age of nineteen, he was qualified to teach school,
and devoted four winters to this employment. He then
engaged in mercantile pursuits at Queenstown, where he
remained for twelve years ; devoting himself, meanwhile,
partially to the lumber trade, to which he gave his entire
attention for the next eight years. In 1829, he was ap
pointed, by Gov. Van Buren, county judge of Warren
county, a position he held until 1844. In October, 1843, he
visited Milwaukee, Wisconsin, and traveled over several of
the western states for the purpose of examining lands, he
having resolved to follow the real estate business. During

HON. JOEL ALLEN BARBER. 4X
this trip he located a farm near Juneau, Dodge county, and
subsequently settled upon it, where he made it his home for
eighteen years. In 1846, he was elected to the Constitu
tional Convention, from the county of Dodge, and served
on the important committee on the organization and func
tions of the judiciary. He was an influential and useful
member of this body. In 1848, Mr. Barber was a prom
inent candidate for the nomination of governor, in the first
democratic state convention ever held in Wisconsin. He
was appointed by Gov. Dewey, a member of the first
Board of Regents of the State University, a position he
held for six years, and performed valuable services in or
ganizing that institution of learning. In 1849, he repre
sented his district in the assembly, and ranked among the
leading members in that body. In 1863, he removed to
Horicon, and became engaged quite entensively in the
manufacture of agricultural implements, which he followed
for several years. In 1874, he was the republican candidate
for congress, in his district. He was a democrat, having
voted for Jackson, until 1856, when he united with the re
publican party, and voted for Fremont. Judge Barber
was, for three years, a member of the board of directors
of the Milwaukee and La Crosse Railroad Company.
Mr. Barber was married, April 8, 1824, to Miss Salome
Seel YE, by whom he had three sons and three daughters.
In all the positions he has held, he has exhibited marked
ability and fidelity to the trusts reposed in him. His char
acter is made up of many social, business and moral
qualities, that give him place among the leading men of
the state. HON. JOEL ALLEN BARBER.
Joel Allen Barber, was the son of Joel and Ase-
NETH (Melvin) Barber, and was born in Georgia, Frank
lin county, Vermont, January 17, 1809. His father was
from England, and his mother was of Welsh descent.

42 HON. JOEL ALLEN BARBER.
Her father was a captain in the revolutionary army, and
served till the close of the war. J. Allen Barber worked
on a farm till he was eighteen years of age, when he en
tered the Georgia Academy, and fitted for college, and
entered the University of Vermont in 1829, where he
remained two and a half years. He then began the study
of the law with Hon. Geo. P. Marsh, of Burlington. He
taught school two years in Maryland, and was admitted to
the bar in 1834, ^^ Prince George's county, in that state.
He returned to Vermont, and commenced the practice of
his profession at Fairfield, where he remained till 1837, and
in September of that year, he located at Lancaster, Wiscon
sin, which village has ever since been his place of residence,
and where he has constantly practiced his profession for
nearly forty-two years, at times mingling land operations
with his practice. He is deemed a sound and able lawyer,
holding a high place as a criminal lawyer, and is an honor
to the profession.
A large portion of the time, since he has been a resident
of Wisconsin, Mr. Barber has held some official position.
He has been many years a member of the county board of
supervisors, and was five years its chairman; was four
years- county clerk, and district attorney three terms. In
1846, he was a representative from Grant county, in the
Constitutional Convention, and served on the committee on
the organization and functions of the judiciary. He was
an able, industrious member, and performed valuable ser
vices in the convention. He was a member of the assem
bly, in the years 1852, 1853, 1863, and 1864. In the
assembly of 1863, he was speaker of that body. He was
a member of the state senate, in the years 1856 and 1857.
He was ever an able, watchful and faithful member of the
legislature. He was two terms a member of congress,
commencing on the 4th of March, 1871. In the house,
he served on the committees on war claims and on the
revision of the statutes. He was an industrious and influ-

HON. SAMUEL WOTTON BEALL. 43
ential member of congress; not a frequent speaker, but
pointed and clear when he did address the house.
Mr. Barber was a whig, until the organization of the
republican party, when he united with it, and has been a
member of that party ever since.
In 1842, he was married to Miss Helen Van Vleck,
of Jamestown, in Grant county. Mrs. Barber died in
about one year after marriage; and in 1847, he was again
married to Miss Elizabeth Banfill, of Lancaster. They
have four children living, two sons and two daughters.
HON. SAMUEL WOTTON BEALL.
Samuel Wotton Beall was born in Montgomery,
Prince George county, Maryland, in 1807. The family
was connected by marriage with many of the principal
families of Virginia. He was educated at Union College ;
studied law at Litchfield. In 1827, he was married to
Miss Elizabeth Fennimore Cooper, of Cooperstown,
New York ; and in the same year was appointed receiver '
for the sale of public lands in the northwest, the district
covering both Michigan and Wisconsin, and the office was
located at Green Bay. When he left the office, he went
east, and, after a few years' absence, returned to Green
Bay, in 1840. He then located first, at Tychora, Mar
quette county, and soon afterwards removed to Taychee-
dah, in Fond du Lac county. He was for some time Indian
agent among the Stockbridges and others.
Mr. Be.a,ll was elected to the Constitutional Convention
in 1846, from the county of Marquette. He served in that
body as chairman of the committee on the schedule for
the organization of state government, and was in many
respects quite prominent in the part he took in the general
proceedings. On the failure of the constitution to receive
a majority vote on its submission to the people, he was
elected a member of the convention of 1847-8, from Tay-
cheedah. Fond du Lac county. In this body, he was a

44 HON. WILLIAM BELL.
member of the committee on general provisions, embracing
a great number of the most important articles embodied in
the new constitution, and took a considerable part in the
debates. In 1850, he was elected heutenant governor of
the state, serving for two years. In 1859, ^i^h others, he
located in the city of Denver, Colorado territory, and
resided there for some time. He returned to Wisconsin
in 1861, and in 1862, he was appointed lieutenant colonel
of the i8th Wisconsin regiment, and participated in all
its dangers, privations and battles, from Shiloh to the
siege of Vicksburg, soon after which he was trans
ferred to the Invalid Corps. He was severely wounded
at the battle ofShiloh. Shortly after the close of the war,
he located at Helena, Montana territory, where he was
soon after shot and killed in an altercation with George
M. PiNNEY.
Mr. Beall was noted for a warm and generous heart,
impulsive feelings, and intense and vigorous activity in
•whatever he undertook. He possessed large, and, in some
respects, unusual abilities, was a fluent speaker, dignified
in public position, and courteous and affable to all. He
had great ambition to achieve honorable distinction, and
filled the several positions to which he was called, worthily
and creditably. His premature death was widely lamented
by those who best knew him.
HON. WILLIAM BELL.
William Bell was a native of the state of Nev/ York,
born in 1806, and by occupation a farmer. He was elected
from Walworth, Walworth county, to the Constitutional
Convention of 1846, and served in that body on the com
mittee on the powers, duties and restrictions of the legisla
ture. He was a gentleman of fine culture, sound practical
sense, and well discharged the part allotted to him. No
record of his after career has been within reach. It is
understood that he died several years ago.

HONS. STEPHEN O. BENNETT — WILLIAM BERRY. 45
HON. STEPHEN O. BENNETT.
Stephen O. Bennett was a native of the state of New
York, born in 1807. Emigrating to the west, he located
in Mt. Pleasant, Racine county, but at what date is not
ascertained. He was by profession a farmer, and was
elected in 1846 to the first Constitutional Convention from
the county of Racine, in which body he served on the
committee on amendments to the constitution. Mr. Ben
nett was for a long period after state organization, a
prominent and respected citizen of his county. He was a
member of the state assembly in 1850, and of the senate
in 185 1-2, and held many other positions of responsibility
and trust. He died several years ago, at what date is
unknown, HON. WILLIAM BERRY.
William Berry was elected to the Constitutional Con
vention from Walworth county. He was born in Salem,
Massachusetts, December 20, 1780, but no record of his
ancestry is obtainable, except that it was Puritan. He was
educated in a common school, and was, by profession, a
farmer and manufacturer. He settled at Honey Creek,
Walworth county, in 1843, engaging in agriculture, having
previously resided in Madison and Courtland counties, N.
Y. He was married April 3, 1798, to Nancy Mellen,
of Pelham, Mass. Having been detained from some
cause, he did not take his seat in the convention until ten
days after its session began, for which reason his name is
not recorded upon any of the standing committees; but
his votes upon all propositions and articles submitted,
evince intelligent inquiry, and a thoroughly honest purpose
to follow his convictions of duty and right. He was in
every sense a good man and public spirited citizen, of
sound practical knowledge and excellent sense. Of his
family, only a daughter remains. The date of his decease
is not stated. He was the oldest man in the Convention.

46 LORENZO BEVENS ; DAVIS BOWEN ; JOSEPH' BOWKER.
While in Courtland county, N. Y., Mr. Berry for a
season held the position of common pleas judge, and for
several years that of justice of the peace in Wisconsin.
HON. LORENZO BEVANS.
Lorenzo Bevans was a native of the state of New
York, born in 1805, settled in Grant county at an early
age, and by profession was a lawyer. He was elected a
member of the first Constitutional Convention in 1846,
from the county of Grant, and served in that body as
chairman of the committee on municipal corporations. He
was a gentleman of pleasing address, highly cultivated,
possessed of decided abilities, and ever commanded the
respect of his associates and friends. He died in 1849.
HON. DAVIS bowen.
, Davis Bowen was a native of Pennsylvania, born in
1794, and by profession a farmer. He was elected to the
first Constitutional Convention from Decatur, Green county,
and served in that body on the committee on miscellaneous
provisions. He was a gentleman of fine abilities, well
cultured, and highly respected. Of his subsequent career,
the committee have no record. He is reported as still
living, at the ripe old age of eighty-six years.
HON. JOSEPH BOWKER.
Joseph Bowker v/as born in Locke, Cayuga county, N.
Y., October 9, 1797. His father was Silas Bowker, but
the ancestral record has probably been lost. He was mar
ried October 9, 1817, to Eli?a Minard, and removed to
Wisconsin in the spring of 1844, settling first at Geneva
Lake, then removed to Delavan, Walworth county, where
he served several j^ears as a justice of the peace. Pro
fession and general occupation, farmer and merchant. He
had filled the position of judge before coming west. He
died at Delavan, March 26, 1856.

HON. JOHN W. BOYD. 47
He was elected a member of the Constitutional Con
vention of 1846, from the county of Walworth, serving in
that body on the committee on preamble, and was active
and zealous in his efforts to secure an organic law accept
able to the people and worthy of the great state whose
coming was so plainly foreshadowed. We have no record
of his after career, but presume that, like most of his asso
ciates, he preferred home and private position, in which he
remained from choice. HON. JOHN W. BOYD.
John W. Boyd was born in Charlton, Saratoga county.
New York, September 15, 1811. He was the son of John
L. Boyd, of Solon, Cortland county, in that state. He
received a common school and academic education, and
spent his early life in Cortland county, till 1844, devoted to
farming, excepting four years, in which he was engaged in
mercantile business, at Cincinnatus, in that county. He
settled in Wisconsin, at Geneva, Walworth county, in 1844,
where he has ever since resided ; and has devoted himself to
agricultural pursuits. In 1846, he was elected as a repre
sentative from the county of Walworth, to the first Consti
tutional Convention, and served on the committee on the
executive of the state. He ranked among the substantial
members of that body, exercising at all times, a remarkable
degree of common sense, a practical knowledge of affairs,
and giving constant attention to duties, rendered him a man
of large influence in shaping the organic law of the state.
He was not what might be termed a speech-maker, but he
expressed himself on many questions in a very clear man
ner, showing that he fully understood the subjects under
consideration. Few men were more popular with his fel
lows, than was Gen. BoYd.
Mr. Boyd was commissioned as a major general of the
militia of the territory, by Gov. Dodge. After the state
government was formed, Gen. Boyd was elected to the

48 HON. JOHN W. BOYD.
first state senate, and served during the sessions of 1848
and 1849. He was again elected in 1858, as a state senator
for the term of two years. He rendered valuable service
in this body, and was esteemed as an able, conscientious
and influential member of the highest branch of the legis
lative department. Being a man of retiring habits, he has
shrunk from prominent official positions, though his name
has been frequently mentioned in connection with the chief
magistracy of the state; not, however, through any move
ment or desire of his own, but through the partiality of
friends who knew his great worth. In his own town, he
has ever occupied a prominent position, honored and re
spected by all who knew him.
For some fifteen years, between i860 and 1876, Gen.
Boyd was a member of the board of directors of the
Madison Mutual Insurance Company, and was most of that
time president of the company. He was a very able and
faithful officer, discharging every duty with marked fidelity.
Gen. Boyd has been twice married, November 10, 1842,
to Wealthy H. Hathaway, of Solon, New York; and
again September 9, 1858, to Persis A. Buell, of Linn,
Wisconsin. It is fortunate for any new country to have men like
Gen. Boyd settle in it. Wisconsin has been largely bene
fited from his counsel and labors in its behalf. His record
is a worthy one ; every act of his life has been based upon
principles of right; his character has been exceptionally
pure and honest; to deal out equal and exact justice to all
mankind has been his rule of action, and most nobly has he
lived up to that rule. At the age of sixty-nine, Gen. Boyd
is full of vigor; and has every prospect of being spared yet
many years to bless his people. His life has been an honor
to his race, and is worthy of imitation by all. Without
enemies, he is enjoying the sweets of old age, that a well
spent life is sure to bring — honored and respected by all
who know him.

HONS. p. a. R. BRACE ; HIRAM BROWN ; C. E. BROWNE. 49
HON. P. A. R. BRACE.
Mr. Brace was a native of the state of New York. At
the time he, was elected a member of the first Constitutional
Convention, he had resided for several years at Prairie du
Chien, following his profession as a lawyer, and had se
cured the general esteem and confidence of his fellow citi
zens. He was only twenty-five years of age at the time
of his election. Delayed in reaching the capitol for several
days after the commencement of the session, his name does
not appear upon any of the standing committees. The
part he took in the proceedings, while not conspicuous, was
evidently guided by cultivation and intelligence. He died
a few years later, and, as far as known, attained no further
official position. His personal record has not been within
reach of the committee. HON. HIRAM BROWN.
Hiram Brown was born in Connecticut in 1803, and by
profession is a farmer. He was elected from Exeter,
Green county, to the first Constitutional Convention, in
1846, an.d served in that body on the committee on revision
and adjustment of the articles of the constitution adopted
by the convention He was noted among his associates
for sterling qualities of manhood, careful attention, and an
intelligent appreciation of the work in hand. But little
has been ascertained of his career subsequent to the con
vention. He is reported as still living.
HON. CHARLES E. BROWNE.
His father was Jonathan Browne, who served as a
captain in the war of 181 2, and was distinguished for
bravery, intelligence and personal worth. His mother,
Abby Browne, was a woman of fine mind and exemplary
Christian character. Charles E. Browne was born in
Granville, Washington county, N. Y., January 16, 1816.
Received a good common school education, and has gen
erally followed the pursuit of an insurance and real estate
4

50 HON. CHARLES E. BROWNE.
agent. He settled in Granville, Milwaukee county, in
February, 1836. June 6, 1850, he was married to Martha
E. E; VERTS, of the city of New York.
INIr. Browne held many local offices in early times. In
1840, he was school commissioner and supervisor of the
tovra of Granville. In 1842-3, he was elected sergeant-at-
arms of the Territorial Council. Was a member of the
board of county supervisors of Milwaukee county in 1843.
In 1844, was elected a member of the Territorial House of
Representatives. In 1846, he was elected a member of the
Constitutional Convention, in which he took a useful part.
In 1849, he was appointed an appraiser of school lands.
In 1866, having removed from the state, he was elected a
trustee of the village of Evanston, Cook county, Illinois.
Mr. Browne experienced many of the hardships and
privations of pioneer life. In 1836, he made a trip on foot
to Chicago to procure certain necessaries not obtainable in
Milwaukee, and on his return was lost in the woods for
two days and a night in mid-winter, in a temperature far
below the freezing point. To frighten away the wolves,
and keep from frost-bites, he occupied a large part of the
time in chopping down trees as a means of warmth. Sub-
sequentljr in his travels, he had many encounters with the
Indians, both hostile and friendly, and mentions one occa
sion on meeting with one of the latter class, where he was
regaled in a princely manner at dinher, on what he after
wards discovered was dog meat!
Many experiences might be given of Mr. Browne after
he left Wisconsin, but they are not included in the plan of
these sketches. His career has been one of great useful
ness and activity — and he has endured both the smiles and
frowns of fortune, without in the least disturbing his equa
nimity. He is now residing at Grand Rapids, Michigan,
and at the age of sixty-four years, hale, hearty and in pos
session of excellent health, surrounded by a happy family,
and in the enjoyment of all needed comforts of fortune.

HON. CHARLES BURCHARD. 5 1
HON. CHARLES BURCHARD.
Charles Burchard is a descendant of the revolution
ary stock of 1776. His father, Jabez Burchard, was a
soldier serving under Benepict Arnold at West Point at
the time he attempted to betray that important post to the
enemy, and was one of the guard at the time of the execu
tion of Andre. He was born in Granb}^, Hampshire
county, Massachusetts, January i, 1810, enjoyed an aca
demic education, and in early life was by occupation a
farmer. February 25, 1829, he married Martha Pitcher,
and for some years resided in Oneida, Lewis and Madison
counties, N. Y. Settled in Prairieville (now Waukesha)
October 22, 1845, and subsequently removed to Beaver
Dam, Dodge county. Was elected a member of the first
Constitutional Convention from Waukesha county, and
served on the committee on suffi"age and elective franchise,
and took an active part in all the proceedings of that body.
Had filled the position of chairman of the board of super
visors of Waukesha county before his election to the con
vention. Was elected a member of assembly in 1856, and
seven times to the county board of Dodge county. Was
commissioner of the board of enrollment for the fourth
district of Wisconsin, with rank of major, U. S. A.
While residing at Hamilton, New York, Mr. Burchard
occupied a prominent position in the political world. From
1840 to 1844, he was a member of what was then known
as the "Liberty" or anti-slavery party. He was a great
admirer of Henry Clay, and on the nomination of that
distinguished statesman for the presidency, in 1844, after
mature deliberation, Mr. Burchard came to the conclusion
that it was his duty to support Mr. Clay, and to do all in
his power to advance his interests. He therefore wrote
and published a letter over his own name, giving reasons
why liberty party men should cast their votes for Henry
Clay. This letter was one evincing much ability, and

52 HON. THOMAS P. BURNETT.
attracted great attention in the country. Was copied
into nearly every whig paper in the free states, and in
many in southern states. It produced marked effect, and
gave its author a wide reputation as a man of strong mind,
and as a reasoner of much power. No man regretted the
defeat of the great Commoner more sincerely than did
Charles Burchard.
Mr. Burchard had wide and varied experiences in pio
neer life, and could have furnished many graphic descrip
tions of early days, as his career in the west has covered the
entire growth of the state. Personally, he possessed many
strong characteristics, and like his compeers, ever exercised
a strong social and political influence, always, happily, for
the public good. His career, indeed, was ever one both
honorable and useful. His example is worthy of all
praise. He died at Beaver Dam, April i, 1879.
HON. THOMAS P. BURNETT.
Thomas P. Burnett was born in Pittsylvania county,
Va., September 3, 1800, and after receiving a liberal edu
cation, embraced the profession of law. He located in
Prairie du Chien, in 1830, and soon secured a large and
profitable practice, and became widely known throughout
the territory. December 29, 1836, he was married to
Lucia Maria Brunson, daughter of Dr. Alfred Brun-
soN, of Prairie du Chien.
In 1846, he was elected a member of the Constitutional
Convention, from Grant counter. The body commenced
its session on the 5th of October, but he did not take his
seat until the 14th. He was assigned a position as a mem
ber of the committee on municipal corporations, servino-
for about three weeks, when he returned to his home. On
the loth of November, the Hon. J. Allen Barber, an
associate colleague, announced to the convention that Mr.
Burnett had died at his residence, November 5, and also
his wife on the same day; and that Mrs. Judith Bur-

HON. ANDREW BURNSIDE. 53
NETT, his mother, also died November i, 1846 — all swept
off by some form of malignant fever. The convention
immediately thereupon adopted resolutions of condolence,
respect and sympathy; -to go into mourning by wearing
crape on the left arm of each member for thirty days; and
adjourned over for one day out of respect to the memory
of their deceased brother.
Mr. Burnett had acquired great prominence during
his comparatively brief career, and had he not been so
suddenly stricken down, would have justly ranked among
the great leading lights of the convention. He was a
worthy and valued citizen, eminently gifted, intelligent and
useful. His death created a profound and painful sensa
tion over the entire northwest, where he had been so well
and favorably known. HON. ANDREW BURNSIDE.
The father of Mr. Burnside was of Scotch descent —
the mother of English. Soon after their marriage they
emigrated to the West Indies, and were for a number of
years engaged on an indigo plantation. They removed
hence to Laurens district. South Carohna, where Andrew
was born in 1786. After receiving a common school edu
cation, he studied surveying and engineering, a profession
he followed for a long period, but always in connection
with large farming interests. Among other fields of labor,
he made large surveys of government lands about Michi
gan City, Chicago, Green Bay and in Minnesota. He
married Jane Crossen, whose parents were of Irish de
scent — date not recorded. After residing in Indiana and
Illinois for many years, he setded at Gratiot's Grove, in
what is now La Fayette county, in 1845, purchasing the farm
of Samuel Scales, north of White Oak Springs. Previ
ous to locating in Wisconsin, he had held the position of
mao-islrate in Knox county, Indiana, county commissioner
and assessor in Laporte county, same state, and several

54 HON. ANDREW BURNSIDE.
times surveyor of the same, and, it is probable, a member
of the Indiana constitutional convention.
Mr. Burnside was elected a member of the Constitu
tional Convention of Wisconsin in 1846, and served in that
body on the committee on finance, taxation and public debt.
While not specially prominent or conspicuous, he was noted
for his clear understanding, strong steriing sense, and firm
integrity of purpose, whicn endeared him to all his asso
ciates. The pioneer experiences of Mr. Burnside were long
and varied. Shortly after his marriage, in company with
his brother, Edgehill Burnside, and wife (parents of Gen.
Ambrose E. Burnside), he removed to Indiana soon after
its territorial organization, traveling the whole distance and
crossing the Cumberland mountains in the old-time large
southern wagons, the greater part of the distance being
then through a wild and almost uninhabited country. He
settled on White river in the south end of the state before
even counties were formed, and here with his own hands
erected a log cabin for his family. As there were no saw
mills in all that section, the floor and furniture were made
from poplar "puncheons" hewn by himself, while oak
shieves split out of logs formed the roof. After some
years passed in an effort to clear away the forest, he got
sufficiently discouraged to sell out and moved to Knox
counter, where he built a hotel and saw mill. A few years
later, he removed to the wilderness in the northern part of
the state, locating on Pine lake, in Laporte county. Here
he began the survey of public lands for the government.
He entered the land and laid out the site of Michigan City,
which, for some years, it was supposed would become a
western metropohs; but the shifting sands at the mouth of
the river destroyed that illusion. After surveying a por
tion of the country on the Calumet and Kankakee rivers,
he removed, in 1842, to Freeport, Illinois, but Continued
surveys in the Green Bay country, doing the whole of the

HON. DANIEL R. BURT. 55
work on the Peshtigo river. Subsequently he made ex
tensive surveys in northern Minnesota. When he first
commenced this class of labors, the frontier land office was
located in Cincinnati, Ohio — Micajah F. Williams reg
ister and receiver. When he closed, the frontier had prac
tically receded beyond the Mississippi, if not Missouri.
Of course a life thus passed amidst the wilds and fast
nesses of the west, witnessed many stirring events and
dangers by " flood and field," but our space is too limited
to dwell upon details. After a long career of usefulness
and honor, he died at the age of about eighty years. He
had always enjoyed remarkably good health until within a
few weeks of his decease.
HON. DANIEL R. BURT.
The ancestors of Daniel R. Burt were from Eng
land. His father, Oliver Burt, was born in Springfield,
Massachusetts, in 1776. His mother. Wealthy Ray
mond, was born in Stockbridge, in the same state. She
was a descendant from an old aristocratic family, still ex
isting in England, by that name. The young Lord Ray
mond, as he was called, contrary to the wishes of the Earl,
his father, made the acquaintance of a young Danish lady
belonging to the aristocracy of that country, and married
her. The act so offended the father, that he disinherited
the son, settling a pension on him for life, on condition that
he would go to America. The mother of our subject was
a grand-daughter of the disinherited lord.
Daniel R. Burt was born in Florida, Montgomery
county. New York, February 29, 1804. His education
consisted of twelve months' attendance at a common
school, on the frontier in western New York ; the balance
was obtained in the work-shop and in the field. Since
1820, up to the first of the present year (1880), his occu
pation has been farming, milling and manufacturing. At
the latter date, he retired from active business. He was

56 HON. DANIEL R. BURT.
married, September i, 1831, to Lydia Ashley, of Clare-
mont. New Hampshire. After the death of his first wife,
he was again married, January 16, 1867, to Mrs. M. T.
Ennor, a native of Vermont. Mr. Burt resided in Liv
ingston county. New York, till May i, 1827, when he re
moved to Ontario, Canada- West; remained there till
October 10, 1830; then located at Tecumseh, Michigan,
where he remained till 1835, in which year, he located
2,000 acres of land in Grant county (then Iowa), Wiscon
sin, the' present location of Lancaster, and settled his fam
ily, July I, 1835, at Waterloo, in that county, and built '
mills at that place the same year, it being eight miles from
any settlement at the time. He opened roads at once to
Cassville, eleven miles ; to Potosi, eight miles ; to Beetown,
eight miles, and to Hurricane Corners, six miles; and was
at a large expense for the construction of bridges, etc.
Mr. Burt resided in Grant county for twenty-three years
after his first settlement there, and was engaged in farming,
milling and manufacturing. He has paid taxes in Wiscon
sin every year since the organization of the territory, and
at one time owned 5,000 acres of land in the state. He
has built, in this state, two saw mills, two flouring mills,
and two woolen mills; and in Iowa, in the wilderness,
under contract with the government, he built a flouring
and a saw mill. In 1856, he commenced manufacturing
agricultural implements, at East Dubuque (Dunlieth).
After aiding to build up a successful business, he trans
ferred the establishment to his son.
In 1840, Mr. Burt was elected, as a representative from
the county of Grant, to the territorial house of representa
tives, for two years; and was again elected to the same
position in 1847, and served in that capacity till the close
of the territorial government. He was many years a
member of the Grant county board. In 1846, he was
elected a representative from that county in the Constitu
tional Convention. He did not take a prominent part in

HON. DANIEL R. BURT. 57
that body as a speaker, but among his associates was
noted for strong, practical common sense, and sterling
qualities of head and heart.
From the foregoing record, it will be seen that Daniel
R. Burt was a real pioneer; endured many of the hard
ships of early life in the west, and has been active in de
veloping the vast resources of the country. His life has
been a busy and a useful one; and now, in a ripe old age,
he is enjoying the rich fruits of a long life devoted to prac
tical works. He relates to the writer, a few incidents of
early pioneer life, that he says were of interest to him at
the time,, and as they may be of interest to the present
generation, as showing the toils they know nothing about,
the insertion of one or two will be proper. Soon after his
settlement in Grant county, his supplies of food became
short, and failing to receive any from St. Louis, as he had
expected, none could be pm-chased nearer than at Paris,
on the Platte. To reach that place, with a team, he was
obliged to take a circuitous route, by way of McCartney's,
eight miles; then to Beetown, eight miles; to Lancaster,
ten miles; to Potosi, fourteen miles; to Paris, four miles.
His place was only eight miles from Potosi, but there was
no road. He stopped over night at a cabin where Potosi
now is, and in the morning started for home through the
timber, on a route that had never been traveled before, by
man or beast. He had a man with him that drove the
team, he himself selecting the route and cutting away the
trees. He reached Boice Creek, about half way, by ten
., o'clock, and with but little difficulty. At that point there
was a formidable obstruction. The Mississippi was high,
and the water covered the bottoms of the creek a quarter
of a mile, to the depth of eighteen inches; and in the
channel of the creek, some forty to forty-five feet wide, the
water was ten feet deep. The wagon was a new one, and
the box was reasonably tight. After corking up some of
the open places with leaves, the wagon was placed on the

58 HON. DANIEL R. BURT.
verge of the perpendicular bank, with ten hundred pounds
of provisions on board, to be forced by the man into the
channel, when all was in readiness. Mr. Burt then swam
the horses over the creek, and placed them on a selected
spot; whiffletrees and chains put in readiness, to which the
horses were attached. He then cut a grape vine, and
hitched one end of it to the pole ; then taking the other
end in his teeth, he swam the length of the vine, and
ordered his man to force the wagon into the creek, which
was promptl}"^ done, and the wagon and its freight floating
grandly, Mr. Burt swimming and towing the whole by
the grape vine, till it reached the standing ground, when
the horses were hitched on, and all was brought safely
over the bottom. The bluff was then ascended without
difficulty, and he arrived opposite his home about one
o'clock. Here another obstruction was found. For some
distance either way, the bluff was steep and rocky. A
point where timber had been rolled down was selected, the
inclination being about thirty degrees from perpendicular.
All the wheels were chained, and a tree of fifteen inches
in diameter, with a large, expansive top, was felled, and
chained to the hind axle tree. Thus fixed, the descent was
made in fine shape, and the cargo was safely landed at his
home. Mr. Burt has traveled over forests and prairies, at all
seasons and at all hours ; was twice lost in snow storms,
and on both occasions remained out till sunrise. On both
of these nights, men were frozen on the same prairie. He
claims that he did not suffer, but walked just fast enough
to keep warm, and never sat down. In December, 1840,
he walked from Ft. Atkinson to Prairie du Chien, a dis
tance of fifty miles, through the snow, eleven inches deep,
over the prairie, and without the least sign of a track ; and
the same day, after riding from the Prairie to Patch's,
walked over Blake's Prairie, a distance of ten miles more,
after eight o'clock, on a bitter cold night, over a houseless

HON. JAMES B. CARTER. 59
and trackless prairie ; and the same night rode home on
horseback, after twelve o'clock, a distance of eight miles
more. On the 27th of December, 1835, he walked from
Plumb's residence, above where Savanna now stands, to
Rock Island — seventy-two miles — and forded many
streams where the water reached his vest pockets; and
when out of the water three minutes, his clothes would be
frozen as stiff" as a board. There was not a house on the
whole distance; nor a track or mark of civilized man to be
seen. Returning, he traveled to the mouth of Rock river,
thence up that river into Wisconsin, to the point near
where Janesville now stands; thence through Rock, Dane,
Green and Iowa counties, and finally located in Grant
county. Such were the trials of many of the early pio
neers. It is difficult for the young of the present day to
realize the realities of life in a new country.
HON. JAMES B. CARTER.
James Bruce Carter was born in Rochester, N. Y.,
January 13, 1815. His father, David K. Carter, and
mother, Elizabeth Carter, were both from Massa
chusetts. He had a common school education, and his gen
eral occupation has been that of a farmer. He was married
July 7, 1855, to Isadore F. Swift. He settled in Racine
county, in February, 1845, and many years since removed
to Black River Falls, Jackson county, where he now re
sides, having during all this time persistently avoided
holding any office, public life seeming to have no attrac
tions for him.
As Mr. Carter did not take his seat in the first Consti
tutional Convention until two weeks after it had organized,
no conspicuous part in its work was assigned to him. His
career as a pioneer citizen, however, has been one emi
nently worthy and useful to the communities in which he
has resided, and his neighbors and old friends unitedly bear
testimony to his sterling worth, integrity, and valuable
services as a frontier citizen.

6o HON. JAMES CHAMBERLAIN  HON. HORACE CHASE.
HON JAMES CHAMBERLAIN..
James Chamberlain was born in Foreham, England,
in 1792, and came to this country in 1817, settling first in
New York city, where he remained four years; he then
went to Hartford, Connecticut. He was a master builder,
and a very skillful workman. In 1837, he came to Wis
consin and settled, in what is now the town of Bradford.
He experienced the usual privations attending the settle
ment of a new country, but he took a cheerful view of
things, that rendered Hfe happy. His skill as a mechanic
soon became known, and work was abundant. He built
the old court house in Rock county, and constructed the
first bridges over Rock river, at Janesville, Beloit and
Roscoe. In 1846, Mr. Chamberlain was elected a representative
from the county of Rock to the Constitutional Conven
tion, serving in that body on the committee on the act of
congress for the admission of the state. His practical
sense rendered him a very useful member of the conven
tion, and he was held in high esteem by his associates.
Mr. Chamberlain was an excellent citizen, a kind
husband and father, and a neighbor ever ready to do a
kindness where it was deserved. He died at La Prairie,
September 10, 1874, aged eighty-two years and six months.
HON. HORACE CHASE.
Horace Chase was born in Derby, Orleans county, Vt.,
December 25, 1810. After receiving a common school
education, he made merchandising his general profession.
In 1835, he located in Milwaukee, opening a store in a
small shanty erected for the occasion. In 1836, in com
pany with a brother, a large and commodious structure
was built, and for several years the firm carried on all the
forwarding and commission business of the place. Octo
ber, 1837, he married Sarah Ann Gray, who died in

HON. warren chase. 6l
I
August, 1852. In 1858, he was again married to Mary
H. Davis, of Mount Holly, Vt.
He was elected a member of the Constitutional Conven
tion in 1846, from Milwaukee county, but as he did not
take his seat until that body had been some days in ses
sion, his name does not appear in any of the standing com
mittees. While the part he bore in the proceedings was
not conspicuous, it was nevertheless marked by an honest
purpose and sterling sense. In 1848, he was elected a
member of the first state legislature, since which time his
public services have been devoted to the growth and well-
being of the city of whose birth he was a witness, in the
capacity of mayor, alderman, and other minor positions.
His career as a pioneer settler has been a long and use
ful one. Throughout he has enjoyed the respect and
esteem of all parties, and filled every station with honor
and credit.
Mr. Chase has accumulated a large fortune, which he
enjoys in a rational manner. It is a source of much pleas
ure to him, that he can look back to the time when Mil
waukee had but three inhabitants, including himself, and
that he has materially aided in building a great city with
its one hundred and twenty thousand people. The only
route of communication by land, between Chicago and
Milwaukee, within the recollection of Mr. Chase, was an
Indian trail. These reflections afford an enjoyment that
but few men, in any country, can fully reaUze.
HON. WARREN CHASE.
Warren Chase was born in Pittsfield, New Hamp
shire, January' 5, 181 3. He received an academic educa
tion, at Pittsfield and Gilmanton. In 1835, he settled
at Monroe, Michigan, in which place he was married to
Miss Mary T. White, of Newport, New Hampshire.
Mrs. Chase died in November, 1875. In 1838, he came
to Wisconsin, and in the spring of that year, settled in

62 HON. WARREN CHASE.
Southport (now Kenosha), where he resided till 1844, in
which year he located a colony at Ceresco, now Ripon,
being the first settlers in the place. He was a leading
man in the Phalanx, which for a time was prosperous, but
became unpopular and was broken up.
In 1846, Mr. Chase was elected a member of the first
Constitutional Convention, and served in that body on the
committee on miscellaneous provisions not embraced in the
subjects of other committees. He was again, in 1847,
elected to the second Constitutional Convention, and in
that body served as chairman of the committee on banks,
banking and incorporations. The proceedings of both
conventions will show that Mr. Chase was an able, active
and strong member of those bodies. He reported himself
as a farmer, but he was well versed on the subjects before
the convention, and was among the best debaters in it.
He did not indulge in long speeches, but was able to ex
press himself in pointed and strong terms upon most
questions that came up for consideration.
Mr. Chase was elected a member of the first state sen
ate in 1848, and served two years; he was efficient in the
organization of state government. He served as chairman
of the board of supervisors in Fond du Lac county. In
1850, Mr. Chase was the free soil candidate for governor.
In 1853, he removed to Battle Creek, Michigan, where he
resided for some time. In 1872, he was a resident of St.
Louis, Missouri, and was that year elected a presidential
elector in that state. In 1876, he removed to California,
and settled at Santa Barbara, where he now resides, and is
editor of the Independent at that plr.ce. In 1879, ^^ '^^'^^
elected a member of the California state senate, for a term
of three years.
Mr. Chase has lived a somewhat eventful life, having
served as a member of two Constitutional Conventions, in
Wisconsin, a presidential elector in Missouri, and a mem
ber of the senate in two states. His mind is somewhat

HON. WILLIAM H. CLARK. 63
erratic, but it possesses much strength, and has been culti
vated by extensive reading.
HON. WILLIAM H. CLARK.
WiLLiAivi H. Clark was a native of New York,
born in Brookfield, Madison county, in 1814. He received
a liberal education, and ranked high among his associates
for his scholarly attainments. He received his academic
course at Hamilton, New York. Among his associates
were Hon. Wm. Pitt Lynde, of Milwaukee, and Hon.
Harlow S. Orton, now of our supreme court. In these
days, the writer knew him quite well. He was an excel
lent scholar, and was an able writer. He furnished a large
portion of the dialogues for closing exhibitions during his
term at the Hamilton Academy. To reading and studjr,
he devoted his whole time; rarely joining in the sports of
his fellow-students in the play grounds. He studied law,
and soon after his admission to the bar, he settled at Prai
rie du Sac, in the county of Sauk, in the then territory of
Wisconsin. He was a very early settler in that county,
and soon took rank as a man of superior ability. As a
lawyer, he was deemed the ablest in the county, and equal
in legal learning to any lawyer who attended com-t in that
circuit. He was elected a representative from Sauk
county, in the convention of 1846, and served on the com
mittee on municipal corporations. He did not take a very
active part in the proceedings of that body, but his native
genius, kindly disposition and cultivated mind, gave him a
respectable position among its members.
After the county seat was fixed at Baraboo, Mr. Clark
removed to that place, where he continued in the practice
of the law for many years. A few years ago, he removed
to Dexterville, Wood county, where he died in the early
part of the present year (1880). He was twice married.
At the March term, 1880, of the court in Sauk county,
notice was taken of the death of Major Clark, and Gen.

64 HON. SAIMUEL T. CLOTHIER.
S. S. Barlow announced it to the court in a brief and
appropriate speech, from which we take the following ex
tract, as appropriate in this connection:
Major Clark was a man of very fine sensibilities, modest and retiring
in his habits, yet very social witli tliose with whom he was intimate. He
was possessed of a keen sense of humor and at times was very witty, yet
his wit was always of a pleasant kind. He had no desire to wound the
feelings of any one, and would much rather forego a joke than wound
the feelings of any one. His literary tastes were of the highest order.
He could repeat long passages of scripture and extensively from our
classic English poets, and would often do so when alone with his friends.
In his profession he was honest, and in his judgment of law he was able.
He was well educated in his profession, well educated in general, and
particularly in classic literature. And yet I cannot forbear quoting as
peculiarly applicable to his case the words of Whittier:
" Of all sad words of tongue or pen,
The saddest are these, it might have been."
At the same time the following resolution was unani
mously adopted:
Resolved, That in the death of our late friend and brother, W. H.
Clark, we feel that we have lost the father of our profession in this
county, the old .-st and for many years the ablest member of our bar, a
gentleman of scholarly tastes and fine literary attainments, one whose
memory will always be cherished by those who knew him, and cherished
most sincerely by those who knew him best.
HON. SAMUEL T. CLOTHIER.
Samuel T. Clothier was a native of Massachusetts —
date of birth not recorded — and by profession a farmer.
He was elected, in 1846, to the Constitutional Convention
from Cold Spring, Jefferson county. Not reaching the
capitol until some da3's after the session commenced, his
name was not placed upon any of the standing committees.
He is remembered as a courteous and intelHgent gentle
man, well posted in parliamentary law, and earnestly desir
ous of securing the greatest public good to the generations
to come after, by a liberal and just organic law, which
would secure equality to all citizens alike. His after
career and fate are unknown.

HONS. edw'd combe; JOHN cooper; hopew. coxe. 65
HON. EDWARD COMBE.
Edward Combe was elected to the Constitutional Con
vention from Richland county, in 1846. He did not take
his seat until a month after the session had commenced,
and hence was assigned to no standing committee, and his
personal record has been unattainable. Our recollection of
him is, that he was an aftable and courteous gentleman, suf
fering from ill-health, which was a bar to active labor in the
work in hand, and that he took but little part in the pro
ceedings. About all that can be learned of him is, that he
died several years ago. HON. JOHN COOPER.
John Cooper was a native of the state of New York,
born in 1810, and a farmer by profession. He was elected
to the first Constitutional Convention in 1846, and served
in that body on the committee on the constitution and or
ganization of the legislature. The part he took in the
proceedings was not a prominent one. He was a gentle
man of good cultivation and fair acquirements, much es
teemed by all. No record of his personal career has
reached the committee. He is understood to be still living,
but where, has not been ascertained.
HON. HOPEWELL COXE.
Hopewell Coxe was born in Northumberland, North
umberland county, Pennsylvania, June 28, 1812. He re
ceived a common school education. In 1832, he commenced
the study of the law, in Williamsport, Penn., with Judge
Ellis Lewis, a man of prominence in the legal profession
in that state. Mr. Coxe was admitted to the bar in 1838,
and commenced the practice of his profession in Williams-
port, in company with Robert Fleming, in 1839. ^'^
1842, he removed to the state of Kentucky, where he
spent some three years; and in the spring of 1845, he set
tled in the territory of Wisconsin. He stopped first in
5

66 HON. JOHN CRAWFORD.
Milwaukee for a short time, and settled in Cedarburg,
Washington county, in 1846. In the fall of that year, he
was elected probate judge, an office he held for eight
years. He was elected as one of the representatives of Wash
ington county (then including what is now Ozaukee), in
the Constitutional Convention of 1846, and served on the
committee on suffrage and elective franchise. He ren
dered valuable service in this body; possessed more than
average abilities, and was highly respected by his associ
ates. After state government was established, Mr. Coxe
served in the assembly during the session of 1857, repre
senting the southern district of Washington county. In
1852, he removed to Hartford, at which place he died June
16, 1864.
January 9, 1847, Mr. Coxe was married, in Milwaukee,
to Miss Amelia Ludwig. His widow, and three chil
dren — Mrs. H. W. Sawyer, and Messrs. C. H. and H.
D. Coxe — now reside at Hartford in this state.
HON. JOHN CRAWFORD.
The sketch furnished us by the venerable John Craw
ford embodies so much of pioneer life and experiences,
that we depart somewhat from our plan, to give its details
in greater completeness. *
His father, William Crawford, was born in Worces
ter county, Massachusetts, and was a son of Robert
Crawford, who was of Scotch-Irish descent. His mother
was a native of Massachusetts, whose maiden name was
Mary Samson. She died in March, 1810, and the father
soon after — both in Chester, Vermont. John Crawford
was born in Royalston, Worcester county, Massachusetts,
December 4, 1792. Was self-educated, not having enjoyed
the advantage of schools, other than the school of practical
life. Was by occupation a farmer, but spent some years

HON. JOHN CRAWFORD. 67
as a sailor and navigator on the St. Lawrence river and
great lakes. Married to Mary Ann Kittenhouse, Sep
tember 20, 1814, in Madrid, St. Lawrence county. New
York. She was born in Philadelphia, Pennsylvania, De
cember 18, 1786, and still survives. Of seven children
born to them, only one is now living.
Mr. Crawford left Chester, Vermont, in April, 1810,
locating in St. Lawrence county. New York, until 1836.
During this period he was commissioned captain in the 153d
regiment of New York infantry, by De Witt Clinton,
February 17, 1820, and subsequently was promoted through
all the grades to major general. In May, 1829, was elected
brigadier general of the 49th brigade, as successor to Silas
Wright, the distinguished and lamented statesman of a
later period. In April, 1832, was commissioned as major
general of the 29th division of infantry, by Gov. Enos T.
Throop — John A. Dix, adjutant general. In November,
1834, received the appointment of inspector of the revenue
for the district of Oswegatchie, with headquarters at
Maddington, in St. Lawrence county, which he resigned
in 1836, to visit Milwaukee and secure a new home. After
some years spent upon the lakes, settled with his family in
the town of Wauwatosa, in 1840. Was elected a member
of the territorial legislature in 1845, and to the Constitu
tional Convention in 1846, from the county of Milwaukee,
in which he served on the committee on militia. In 1853,
he was elected to the assembly, and in 1866, supervisor at
large of Milwaukee county, and also held numerous other
local and less conspicuous offices, both before and after
this period, the duties of all of which were discharged with
conscientious and scrupulous honesty and fidelity.
Mr. Crawford probably commanded the first lake boat
that ever entered Milwaukee river, which was on the 14th
of June, 1837. He managed to push his craft as high up
the stream as the present Chestnut street bridge — a not
able event at the time in the history of that village — and

68 HON. THOMAS CRUSON.
one worthy of commemoration. At this writing he is over
87 years of age, and his wife over 93, having lived together
more than 65 years — " never having been divorced, as is
the modern practice," he adds, very significantly. Such
pioneers as this may be said to have been hving witnesses
of the entire period of western civiHzation, from a time
when the lakes were truly desert wastes, and the land an
almost unbroken solitude. With two or three exceptions,
they have seen the beginning of every city and lake port,
as well as the mighty changes in the interior of all border
ing states. Such a hfe is necessarily full of thrilling inci
dents and experiences in every \^ay deserving permanent
record, did our space permit of further details. Let us all
earnestly hope that this venerable pioneer family may be
long spared to the land they have done so much and so
long to build from the primitive wilderness. No more
upright, honorable or useful pioneer settler has lived or is
still living in V/isconsin than the one whose memorial
record we are now writing.
HON. THOMAS CRUSON.
The father of Mr. Cruson was a native of Delaware,
and the mother, of Maryland. They settled in Kentucky,
in 1790. Thomas Cruson was born in Mason county,
Kentucky, December 10, 1802, and remained in the same
place till 1824. He received a common school education,
as good as was usual at that time. His principal occupa
tion has been mining, though he has given some attention
to farming. Was married in Platteville, Wisconsin, to Miss
Catherine Green, on the i6th of December, 1832. In
1824, located in St. Louis; in 1826, removed to Galena,
and commenced mining at New Diggings. In September,
1829, removed to Platteville, where his, family remained
till 1853, when it joined Mr. Cruson in California, where
he had been for the two previous years. He was in Gen.
Dodge's command in his first expedition against the Win-

HON. WILLIAM M. DENNIS, 6^
nebago Indians, in 1829, and furnished his own horse and
equipments. He was a member of the territorial legisla
ture, at its first session in Madison, in 1838; and was a mem
ber during the sessions of 1839, 1840, 1845 and 1846. In
1846, he was elected a representative from the county of
Grant, to the Constitutional Convention, and in that body
served on the committee on amendments to the constitu
tion. He was not prominent on the floor of the conven
tion, but was esteemed as a man of good practical sense.
After the convention, he served as county commissioner,
and took part in the first division of Grant county into
townships. He now (1880) resides in Placerville, Califor
nia. He writes, that " In the convention, I acted with the
Whig party, and have remained in the faith (with slight
modifications) ever since.
HON. WILLIAM M. DENNIS.
William M. Dennis is a native of Rhode Island, and
was born in 1810. He was one of the early pioneers to
Wisconsin, and has been a prominent resident of Water-
town during the existence of the place. For many years
he has been in the banking business. He was a member
of the territorial house of representatives in 1846, and the
same year was elected a member of the first Constitutional
Convention, from the county of Dodge. He served in that
body on the committee on education, schools and school
fund, and was an energetic worker, and a very useful mem
ber of the convention. After the state organization, Mr.
Dennis was elected to the first state senate, and served
during the years 1848-9; in 1853, he was a member of the
assembly, and from 1854 to 1858, he was bank comptroller.
In all these positions he was faithful to duty, affable in
manner, and in all respects, a capable and popular official.
He is a gentleman, extensively known in the state,' as a man
of excellent business judgment, sound practical sense in all
things, and is generally respected by those who know him.

70 HON. NAPHANIEL DICKINSON.
The life of Mr. Dennis has been a busy one; but he
shrinks from giving particulars to the public, otherwise
this sketch would have been much fuller and more corn-
plete. HON. NATHANIEL -DICKINSON.
The ancestors of Mr. Dickinson were from England,
and settled in Massachusetts in the early part of the eight
eenth century. His father, John Dickinson, married
Eleanor Hicks, and removed to Vermont in 1790; he
was in the battle of Plattsburg, September 11, 1814.
Nathaniel Dickinson was born at Calais, Vermont, De
cember 20, 1810; received a common school education, and
became a carpenter, joiner and builder. He was married
at East Calais, January 26, 1841, to Miss Phila Foster.
His wife died March 13, 1873. In 1834, ^^ settled at Bar-
nett, Caledonia county, Vermont; in 1836, went to Boston
and remained about one year, when he removed to Haver
hill, New Hampshire, where he remained till 1843, in
which year he came to Wisconsin, and settled at Burling
ton, Racine county. In 1846, Mr. Dickinson was elected
a representative to the Constitutional Convention from
the county of Racine, in which body he served on the
committee on the boundaries and name of the state. His
record in the convention was a highly creditable and hon
orable one. He was four years a member of the Buriing-
ton board of supervisors; two years was the chairman;
and he served two years as a justice of the peace. He
was connected with military companies in Massachusetts
and New Hampshire; and was a captain of Co. G., 4th
Wisconsin, under Gov. Dewey. In 1854, ^e removed to
Spring Prairie, Walworth county; in i860, to Delavan; in
1863, to Elkhorn, where he now resides.
HON. JAMES DUANE DOTY.
To write a complete sketch of Gov. Doty would be to
write the whole history of pioneer Wisconsin, with nearly

HON. JAMES DUANE DOTY. 7 1
every public event in which he bore a part or had official
connection from the beginning. Probably no public man
ever experienced greater vicissitudes in the ebb and flow of
popular feeling, or occupied conspicuous and leading posi
tions for so long a period. But as the plan of this work
forbids much of detail, a summary must embody the most
salient features of his career, leaving the proper filling up,
where it properly belongs, to the historian.
Mr. Doty was born in Salem, Washington county. New
York, in 1799- After a thorough preliminary education,
he adopted law as a profession, and located at Detroit,
Michigan, in 1818. He was soon after made secretary of
the legislative council and clerk of the court. In 1820, he
was one of the party who, under Gov. Cass, made the cele
brated voyage of the upper lakes in canoes, negotiated
treaties with several Indian' tribes, and made a report on
that then almost unknown region, which will ever be read
with pleasure and profit by every student of American
annals. In 1823, congress passed an act providing for the ap
pointment of an additional judge for the territory of Mich
igan, and to establish courts in the counties of Michilimacki
nac, Brown and Crawford, the latter two embracing the
whole territory comprised in the present states of Wiscon
sin, Iowa, Minnesota and Dakota. Judge Doty was ap
pointed to the position, and at once commenced upon the
work of the new circuit. The same year he married the
eldest daughter of Gen. Collins, of New Hartford, Oneida
county. New York.
His first term of court was held at Prairie du Chien,
then little else than a miHtary outpost among savages, and
his first purpose was to have made that place his home ;
but he finally settled at Green Bay, where he kept his
residence for about twenty years. He filled the office of
judge for nine years, when a successor was appointed.
He then devoted a lengthy period in making examinations

72 HON. JAMES DUANE DOTY.
of the interior country — especially in Wisconsin and north
ern Illinois, with all of whose great topographical features
he made himself personally famihar, being in advance of
either surveys or settlement.
In 1830, he was one of the commissioners appointed by
act of congress to lay out a military road from Green Bay
to Chicago, Illinois, and to Prairie du Chien. In 1834, ^^
was elected to the legislative council of Michigan to repre
sent the district west of the great lakes. While in that
body he introduced a bill to make Michigan a state, which
was finally adopted, and led to the division of its territorial
limits two years later, and the creation of Wisconsin and
Iowa territories. Embarking in the land speculations that
followed. Gov. Doty, in partnership with Gov. Stevens
T. Mason, of Michigan, among other selections, entered
the site of the present city of Madison, secured the location
of the capital, and caused it to be surveyed and platted into
lots, which was soon followed by pioneer settlement.
In 1838, he was elected delegate to congress from the
newly organized territory, in which capacity he served
until 1841, when he was appointed to the office of governor.
His administration, owing to local causes, was a stormy
one, and the records and press of the period are filled with
details of bitter contention. After serving about three
years, a successor was chosen, when he was appointed by
the war department on a commission to treat with the
Indian tribes of the northwest, with whom important
treaties were soon negotiated.
In 1846, he was elected a member of the Constitutional
Convention from Winnebago county, serving as chairman
of the standing committee on the boundaries and name of
the state, and a member of the committee on miscellaneous
provisions. Owing to the bitter memories and jealousies
of the period, the part he took in the general proceedings
was not especially prominent, yet his minute geographical
knowledge and long personal experience from actual travel

HON. JAMES DUANE DOTY. 73
and investigation rendered his services invaluable to his
associates. In 1848, after the state organization, he was elected a
member of congress from the third district, and re-elected
in 185 1. After an interval of some j^ears' repose, he was
appointed, in 1861, superintendent of Indian affairs, and
.subsequently governor of Utah territory, which position
he held until his death, June 13, 1865.
An impartial estimate of the public career and services
of Gov. Doty, and their connection with the present,
drawn by one who took some part against him in the con
tentions of early times, is a work in which any who par
ticipated might well feel diffident. Still there is a common
ground upon which all will agree. He was a man pos-
-sessing extraordinary genius and abilities, far beyond the
common lot. He was versatile, polished, and of marvel-
ously winning address. His ambition was great, noble
and honorable. His chief and greatest pride, was in the
growth and development of a state and country whose in
stitutions he had assisted in creating, and to bear a con
spicuous part in maturing events that had grown largely
from his own labors. To great natural graces and gifts,
he added profound learning; a keen insight into the secret
springs of human action; a wealth of genial courtesy and
sympathetic kindness; a brilliant command of language
embellished by deep thought ; a fund of humor ever flow
ing, and an active benevolence rarely found outside of
frontier life. Nor was he selfish, or avaricious of personal
gain, or the poor distinction of mere wealth. His oppor
tunities were great, but his losses and sacrifices were so
much greater as to keep him in pecuniary embarrassment
the greater portion of his life. Vast as was the field of
his labors — immeasurable the fruits — he rarely failed to
be equal to, or greater than his surroundings; and, when
impulse or passion did not blind, his judgment was rarely
at fault. He reached results logically and almost by intui-

74 HON. JAMES DUANE DOTY.
tion. His mistakes were human. His merits far prepon
derate in the scale of any just estimate of his career.
Politically, while fiUing the office of executive, he had
many active enemies. Personally, he may be said to have
had few, or none. Naturally enthusiastic, full of confi
dence in the rapid development of the fertile wilderness all
about him, he embarked in extensive landed speculations
to be rudely awakened, like others, from dreams of wealth
inspired by ardent hope, rather than conditions of realiza
tion. In this, his experience was similar to that of all who
participated in the prevalent impulse. But his prominent
connection with public finances, and a banking system too
feeble to stand alone, made him a conspicuous target for the
shafts of even well meaning men — and much more so of
the disappointed. That he was derelict in any form from
purpose or choice, is contrary to the evidence of every act
of his life. From private embarrassment to political hos
tility, in such cases, is but a step, and unluckily, the contest
was intensified by some acts, which, if not arbitrary, must
be classed as errors of judgment. In such controversies,
and in the midst of excitement, the real motives and pur
poses of rulers are often not only wholly ignored, but even
bitterly derided. Excepting a colHsion with the legislature,
the official labors of Mr. Doty, in every position, were
usually cordially sustained and approved.
It was the fortune of the governor to have begun public
life in a field where almost every important actor secured
special prominence. The explorers of unknown regions are
usually conspicuous, and this especially where multitudes
impatiently wait the information gathered. But it is little
enough to say of him, that he would have been a man of
mark in any country or state, at, any time. His command
ing person, dignified and affable address, and greatness of
ideas and purposes, insured respect under all circumstances.
Men instinctively felt that he was born to be a leader —
the peer of the highest — qualified and fitted for any sta-

HON. JEREMIAH DRAKE — HON. ABEL DUNNING. 75
tion that "might be allotted to him. His real history
remains yet to be written.
HON. JEREMIAH DRAKE.
Jeremiah Drake was born in Ulster county. New
York, March 28, 1784. His father, Cornelius Drake,
was born in the state of New York, May 10, 1765, and
mother, Phcebe Drake, September 25, 1762. His educa
tion was that of the common schools of the period. His
occupation generally was that of a miller and farmer. He
was married September 13, 1810, to Lucinda Brockett.
He resided in the town of Salisbury, Herkimer county, New
York, from 1800 to 1842, when he removed to Aztalan,
Jefferson county, Wisconsin, and the next year to Colum
bia county, where he resided until his death, December 6,
1868. His opponent as candidate for the convention in
1846, was James T. Lewis.
Mr. Drake served in the convention as one of the com
mittee on education, schools and school funds, and through
out the proceedings of the body, made a highly honorable
record as a diligent and useful member. At the close he
retired to private life, and thereafter seems to have avoided
all public positions, unless of a local nature.
HON. ABEL DUNNING.
Abel Dunning was born in Webster, Monroe county.
New York, February 17, 1811. After enjoying a thorough
common school education, he adopted farming as an avo
cation. September 10, 1838, he married Harriet M.
Rogers, who died June 2, 1857. November 5, 1862, he
married Mrs. Dora Newhall as his second wife.
Mr. Dunning settled in Madison, Wisconsin, July 7,
1837, and has ever since remained on the farm he soon
after selected for a homestead. He was among the first
who broke the virgin soil in Dane county, and the first who
put in a crop of any kind in the town of Madison ; and,

76 HON. ELISHA W. EDGERTON.
with one or two possible exceptions, may properly be held
the father of agricultural pursuits in all this region of
country. He was elected to the Constitutional Convention in 1846,
from Dane county, and served in that body on the commit
tee on preamble, as well as upon several select committees.
While not specially prominent in the part he took in the
deliberations, he nevertheless brought to the work a sound,
clear and vigorous intellect, strong native sense, and an
honest, upright and patriotic purpose to secure an organic
law worthy of a great and free commonwealth.
The career of Mr. Dunning, both before and after state
organization, has not been strikingly eventful. He has
held so many local town and county offices that a bare
enumeration would be tedious — but they were always
conferred without solicitation, arid generally by the unani
mous choice of his neighbors. Unambitious of public Hfe,
to which he has ever been disinclined, so far as any of the
higher offices were concerned, his long career has been one
of eminent and distinguished usefulness in practical works,
the evidences of which are aU about him. Indeed, he has
witnessed and taken part in aU the wondrous changes that
have taken place from the beginning of white settlement;
and now, at a ripe old age, is surrounded by troops of
friends, embracing two generations, and enjoying the
highest respect and esteem of all who know him.
HON. ELISHA W. EDGERTON.
Elisha W. Edgerton is a native of Connecticut, and
was born in 1814. He came to Wisconsin at an early da}^
and for many years was a resident of the town of Summit,
Waukesha county. While at that place, he was a success
ful farmer, and at one time had the reputation of possess
ing the best improved farm in the state. Some years ago,
he sold his farm and removed to Milwaukee, "where he
now resides, and is in the commission business. In 1846,

HON. PITTS ELLIS. 77
Mr. Edgerton was elected as a representative from the
county of Waukesha, to the first Constitutional Conven
tion, and in that body served on the committee on the
boundaries and name of the state. He was not among
the speech-making members of the convention, but his
strong native sense, sound and practical notions, and his close
attention to business, rendered him a very able and useful
member, and one that secured the high esteem of his asso
ciates. In 1863, he served as a member of the assembly
from the county of Waukesha. From its first organiza
tion, Mr. Edgerton has been a leading member of the
State Agricultural Society, and was one of its early presi
dents, and for many years served efficiently on its executive
committee. He is a modest man, retiring in his habits,
and shrinks from being made prominent. These charac
teristics wiU account for so few particulars in this sketch.
They were not furnished. HON. PITTS ELLIS.
John Ellis, the father of the subject of this sketch, was
a native of Connecticut, and served in the old Indian war
under Gen. Wayne, and was wounded. He subsequently
removed to the state of New York. Pitts Ellis was
born in the town of Muixay, Genesee county. New York,
February 29, 1808. He received a common school educa
tion, and was a mechanic. In after life he devoted con
siderable attention to farming, and to dealing in cattle and
produce. He was married in the town of Perrysburg, Cat
taraugus county. New York, February 23, 1832, to Lucia
W. Balcom. Before coming to Wisconsin, he resided at
Auburn and Niles, in the state of New York, and Tecum
seh, Michigan. He was among the early pioneers of
Wisconsin, and settled at North Prairie; afterwards re
moved to JenkinsviUe (now Genesee), Waukesha county.
He was the first justice of the peace, elected by the people
of that town, and served as chairman of the town board of

•jS HON. ANDREW E. ELMORE.
supervisors. He was elected to the territorial legislature
in 1845. In 1846, he was elected a representative from the
county of Waukesha, to the Constitutional Convention, and
in that body served on the committee on the act of con
gress for the admission of the state. While the part he
took in the proceedings of the convention was not specially
prominent, he was noted for valuable suggestions and
services, and was, in all senses, a useful member. He was
a member of the state assembly in 1850. He died in the
village of Genesee, February i, 1875.
HON. ANDREW E. ELMORE.
The father of Mr. Elmore, a native of Connecticut, was
of EngHsh descent ; his mother, a native of New York, of
Holland or Dutch descent. Andrew E. Elmore was
born in New Paltz Landing, Ulster county. New York,
May 8, 1814, received a brief common school education,
and has generally followed the occupation of a merchant,
and grain elevator and warehouse business. In November,
1839, he settled in Mukwonago, Milwaukee (now Wauke
sha) county, and resided there twenty-four years, since
which he has resided at Green Bay and Fort Howard.
He was appointed postmaster at Mukwonago, in 1840,
when the office was first established, and held the position
until 1849, and again appointed in 1853, and held it for four
years. He married, November 24, 1841.
In 1846, he was elected to the Constitutional Convention
from Waukesha county, and served in that body on the
committee on revision and adjustment of the articles of the
constitution adopted by the convention, as well as upon
several select committees, and was in many respects a
conspicuous and prominent member, and took an active
part in the proceedings.
In 1842-3, he was elected a member of the territorial
house of representatives, and served for two years, and in
i860, a member of the state assembly. He also filled the

HON. GARRETT M. FITZGERALD. 79
office of chairman of the board of supervisors of Wauke
sha county for twelve continuous years.
The personal peculiarities and characteristics of Mr.
Elmore would alone make him a man of note in any com
munity. He possesses in a remarkable degree a keen
sense of wit and faculty of humorous satire, that overflows
naturally on all occasions, especially among old acquaint
ances and friends, and seems without limit or end. Under
neath this seeming levity lies a substratum of strong native
common sense, cultivated inteUigence, thoughtful and logi
cal acumen, and a wise sagacity that early fastened on him
the title of " Sage of Mukwonago," by which he is prob
ably as well known as by his real name. He is one of the
style of men that early hardships could not harden, nor
prosperity spoil. Ever genial, cordial and companionable,
he possesses a warm heart, strong friendships, active sym
pathies, an honorable ambition, and noble purposes and
aims. He has for many years been a member of the State
Board of Charities and Reform, and at the present time
(1880) is its president; he gives much attention to the state
penal and charitable institutions, both as an officer and
citizen, and probably no one has given wiser and better
counsel, or more zealously performed his part. He has
ever been a good business man, sagacious in forecast, care
ful in management, and prudent in venture; and now, after
a career in both pubHc and private Hfe of over forty years
in the west, has troops of friends everywhere, a kind
word for all, and is universally respected and esteemed.
HON. GARRETT M. FITZGERALD.
Garrett M. Fitzgerald was a native of Ireland, born
in 1809, and by profession a farmer. He was elected in
1846 to the Constitutional Convention from Milwaukee, and
served in that body on the committee on education, schools
and school funds. In 1847, he was re-elected to the second
convention, and served on the same committee. Other-

8o HON. HAYNES FRENCH  HON. BENJAMIN FULLER.
wise, he took no prominent part in either body. He was a
kind hearted, genial gentleman, of fair education, and ever
popular with his associates. After state organization, Mr.
Fitzgerald was a member of the assembly in 1850; he
filled the office of county treasurer, and several other official
positions in Milwaukee. Subsequently he removed to
Watertown, Wisconsin, where he died several years ago.
HON. HAYNES FRENCH.
Haynes French was a native of Vermont, born in
1808. He was elected to the Constitutional Convention
from the south part of Racine, now Kenosha county, and
was by profession a farmer. He was not conspicuous in
the part he took in the proceedings, but was held in much
esteem by his associates. It is not known that he ever.
held any other further pubHc position. He died about
1872. HON. BENJAMIN FULLER.
Benjamin Fuller was born in Warren, Litchfield
county, Connecticut, in the year 1799, and resided in that
place until 1832, when he removed to central New York.
In the faU of 1844 he came to Wisconsin with his family,
and spent the winter at Lima, near Whitewater, and in the
spring of 1845, made a permanent location in the town of
Rutland, in the county of Dane, being among the first set
tlers of that town. He resided there tiU his death in 1850.
In 1846, he was elected a member of the first Constitu
tional Convention from the county of Dane, and served in
that body on the committee on eminent domain and the
property of the state. He took an active part in the labors
of the convention; was a man of strong wiH, honest pur
pose to preserve the right, and exceHent sense. His ser
vices were of great usefulness, and he enjoyed the fullest
confidence of his associates.
In early Hfe, Mr. Fuller received a good education, and
he devoted himself to the teaching of school winters and to

HON. MOSES S. GIBSON. 8l
farming summers. His few years in the state gave promise
of great usefulness in building up a new country, had his life
been spared. The memories of him by his old acquaint
ances are pleasant, showing that he was a man highly
respected as a neighbor and friend.
HON. MOSES S. GIBSON.
MosEs S. Gibson was born in Livingston county. New
York, in 1816; received a common school education, and
his general occupation has been that of mercantile business
a large portion of his life. He settled at Fond du Lac in
1844. Was elected a member of the Constitutional Con
vention in 1846, and of the territorial legislature in 1847.
Was married to Carrie F. Oilman in August, 1856.
Mr. Gibson served in the convention on the committee
on banks and banking, and on several special committees,
and was noted for his intelHgent and zealous labors.
Without being especially prominent, his work was valua
ble and useful, and highly appreciated by his associates.
In 1849, he was appointed receiver of public moneys for
the St. Croix land district, and removed to the mouth of
Willow river, now Hudson, Wisconsin, where he has
ever since resided. During the great rebelHon, he was
appointed a paymaster, U. S. A., and assigned to the De
partment of the Missouri, with headquarters at St. Louis,
in which state his labors were chiefly performed. In 1878,
he was appointed to a position in the sixth auditor's office
of the treasury for the post-office department.
Among early pioneer experiences, we note for record
that Mr. Gibson landed at Sheboygan in the spring of
1844, with a stock of merchandise, and, finding no market
therefor, proceeded to hunt up a location. At that time
there was no road other than a trail through the Sheboy
gan woods. After two days' travel with a team, he
reached Fond, du Lac, and concluded to locate there. At
that time the place contained five frame buildings, two log
6

82 HON. DAVID GIDDINGS.
houses, one of which was the hotel, kept by Thomas
Green, and a log blacksmith shop. The changes that
thirty-four years have since made are a striking indication
of the general growth of the whole west.
HON. DAVID GIDDINGS.
David Giddings is a son of Joshua Giddings, of Hamil
ton, Essex county, Massachusetts, who was born in June,
1777, married Abigail Cogswell, of Ispwich, at the age
of twenty-four, settHng on a farm near that viHage. Mr.
Giddings was born at Ispwich, July 24, 1808, educated at
its grammar school, and has followed the avocations of
civil engineer, lumbering and farming since reaching legal
age. He settled in Green Bay in 1835. June 7, 1842, he
was married to Dorothy C. Trowbridge.
A brief sketch of his career is worthy of honorable rec
ord. He took a civil engineering course, and as a civil
engineer, in 1835, at the age of twenty-seven years, he
came to this state as United States surveyor for northern
Wisconsin, with headquarters at Green Bay, then a small
settlement. Here he remained three years, when he re
moved to Sheboygan, and in 1839, he bought the Sheboy
gan Falls saw mills and 500 acres of land adjoining, upon
which the village of Sheboygan Falls is now located. He
entered immediately into the lumber business, abandoning
his former profession, and continued in the business about
fifteen years. When he bought this property, there was
but one family living at the Falls.
While at Green Bay, he was elected to the territorial
legislature, serving two years. He was a member of the
first Constitutional Convention held in this state, in 1846,
being the member chosen from Sheboygan county. He
served in this body on the committee on bill of rights, and
in several other important positions on select committees,
and was in all respects a diligent, faithful and useful mem
ber, held in high esteem by his associates.

HON. JAMES GILMORE  HON. LEMUEL GOODELL. 83
Upon the organization of Sheboygan and Manitowoc
counties, he was elected probate judge, which office he
held two terms. He also held various local offices, while
a resident of Sheboygan county, aU of which he filled to
the highest satisfaction of his feflow citizens. In 1866, he
bought the John B. Macy place, about three miles out of
Fond du Lac city, in the town of Empire, which is now
the most attractive farm, by reason of its fine buildings,
and elegant surroundings, in the county. After locating
here, Mr. Giddings kept entirely aloof from politics and
public Hfe, attending neither caucus nor convention of any
kind, until the canvass of 1878, when he was placed in
nomination by the national greenback party as their candi
date for congress, and received the vote of that organiza
tion. Mr. Giddings is now, at the age of 72 years, a hale and
hearty man, in vigorous health, of ripe experience, and
highly cultivated mind. He has witnessed the whole
growth of Wisconsin from a few scattered hamlets, and
has stored in his memory the entire sum of its annals. He
is a citizen of whom the state may well be proud.
HON. JAMES GILMORE.
James Gilmore was born in Vermont in 1786. The
date of his settlement in Wisconsin is unknown. He was
elected to the first Constitutional Convention from James
town, Grant county, but took no prominent part, as far as
the record discloses. Mr. Gilmore was a member of the
first state assembly in 1848. Nothing further of his per
sonal record has come within reach of the committee. He
died, as is understood, in the year 1859.
HON. LEMUEL GOODELL.
Lemuel Goodell was a native of Connecticut, born
in 1801, and by profession a farmer. He was elected to
the first Constitutional Convention from Calumet county.

84 HON. HENRY C. GOODRICH  HON. ELIHU B. GOODSELL.
and served in that body on the committee on boundaries
and name of the state.. While not prominent in the part
taken in general proceedings, he was distinguished for
strong native sense, clear judgment, and cultivated mind.
In 1849, he was elected to the state senate, in which he
served acceptably for two years. His personal record
since has not been received. At latest date he was stiH
living, at the ripe age of seventy-nine years.
HON. HENRY C. GOODRICH.
Henry C. Goodrich was born in the state of New
York, in the year 1815. He settled in Portage county at
an early day, and embarked in the lumbering business.
He was elected to the first Constitutional Convention in
1846, and served in that body on the committee on bill
of rights. Otherwise than this, his labors were not prom
inent. He was a gentleman of fair abilities, possessed
strong practical good sense, and worthily represented his
constituents. Soon after the adjournment, he is beHeved
to have left the state, and his present whereabouts is un
known. HON. elihu BERNARD GOODSELL.
The parents of Mr. Goodsell were both of Irish de
scent. His father, Elihu Goodsell, was born in Fairfield,
Connecticut. His grandfather was a soldier during the war
of the revolution, and was killed at the battle of Benning
ton. The family removed to Vermont at a very early
date. His mother, Ann Atherton, was born in Green
field, Massachusetts, and also settled in Vermont when the
state was little else than a frontier wilderness. Elihu B.
Goodsell was born in Sheldon, Franklin county, Ver
mont, May II, 1806; received both common school and
academic education ; and during a long career, has at times
followed farming, teaching, mining and merchandising as
a profession. Married, May 4, 1846, to Isabella Oakes, -
of Montreal, who stiU survives. Emigrated to the west in

, HON. elihu BERNARD GOODSELL. 85
April, 1832, settHng first near Quincy, IlHnois, then visited
Dubuque, Iowa; and finally located in what is now the
town of Highland, Iowa countj-, in 1834, where he has
ever since resided.
Previous to the Constitutional Convention, Mr. Good-
sell filled the position of county commissioner of Iowa
county (which then included La Fayette), and was for two
years chairman of the board. He was elected a member
of the convention in 1846, from the county of Iowa, and
served in that body as a member of the committee on
eminent domain and property of the state. The part he
took in the proceedings, while not specially prominent, was
thoughtful, conservative, and sagacious. After the final
organization of the state, he was elected a member of the
legislature in 1865, having meanwhile and since filled the
positition of postmaster and numerous minor town offices.
The pioneer experiences of Mr. Goodsell would, if
written out, make a fair sized volume. He was one of the
first to venture into the wilderness territory in 1834. In
1833, he accompanied La Claire, the Indian interpreter,
with a government agent to Dubuque, for the purpose of
removing the Indians from that locality. When the party
arrived, there was neither a habitation nor a white person
on the site of the present city. From thence he went to
Mineral Point, and attended the first court ever held in
that place — Judge Doty presiding. The court-house
was a shed made of poles, covered b};- shakes, all fastened
together with wooden pins or fastenings, as there was not
a nail in the structure. In this primitive edifice thus pro
vided, "the judge presided with honor and decorum."
The entire territory was divided into only two or three
counties at this time.
From Mineral Point Mr. Goodsell removed to High
land, built a cabin, and settled among the Winnebago In
dians, who were his nearest neighbors for several years,
and he always found them hospitable, kind and well-dis-

86 HON. WALLACE WILSON GRAHAM.
posed. In 1845, he laid out a few vihage lots in Highland
for the convenience of the lead miners, and the place has
since grown to a Hvely village, incorporated, with some
1,200 population, and a flourishing farming country all
about it. Such have been the changes of a single genera- ,
tion. But how difficult to make the later comers reaHze
its magnitude! Pioneer experience is for once only. After
the brief period has passed there remains no standard to
compare it with. HON. WALLACE WILSON GRAHAM.
Wallace Wilson Graham is a son of John Graham
and Elizabeth A. Graham, whose maiden name was
Elizabeth A. McMahon, and was born in Crageycroy,
Ireland, September 16, 1815; emigrated to America, and
first settled in Ashtabula, Ohio; removed to Milwaukee,
November 25, 1838, where he has ever since resided.
Married to Ruth Ann Wright, daughter of David and
Margaret Wright, in DubHn, Ohio, August i, 1854.
Education, academic; profession, a lawyer, but seldom
acting as advocate on the trial of Htigated cases, Kis labors
being principally devoted to conveyancing, examination of
titles, and general office business. Was elected a member
of the Constitutional Convention of 1846, in which he
served as chairman of the standing committee on educa
tion, schools, and school funds. His associates were E. G.
Ryan and G. M. Fitzgerald. The report of the com
mittee, with but few amendments, was approved by, a
large majority, became a part of the first constitution as
submitted for popular approval, and was one of the most
important articles in that instrument.
In 1846, Mr. Graham was elected a member of the
common council of the city of Milwaukee, and, ex officio,
member of the county board of supervisors. In 1852, he
was elected to the assembly. In 1856, he was chosen city
attorney. His career in Wisconsin has been long and use-

HONS. BENJAMIN GRANGER  HON. NEELY GRAY. 87
ful — not brilliant or imposing — but one that has conferred
substantial benefits on the territory and state, and is in
evei'y sense honorable and creditable to himself.
HON. BENJAMIN GRANGER.
Benjamin Granger was born in Vermont in the year
1818. Emigrated at an early date to Dodge county, and
was by profession a farmer. He was elected a member of
the first Constitutional Conveiltion in 1846, from the
county of Dodge, and served in that body as a member of
the standing committee on bill of rights. It is not known
that he held any official position in the state after its organ
ization. During his residence in Wisconsin, he was highly
respected and esteemed by aU who knew him. As far as
can be learned, he is now living in Chicago.
HON. NEELY GRAY.
Neely Gray was born in Virginia in 1810; removed
to Pennsylvania at a very early age, and by trade was a
miU-wright. He was one of the very early settlers of
Grant county, Wisconsin, and for many years was a prom
inent business man at Platteville. He was a member of
the territorial house of representatives in 1841-2; and in
1846, was elected to the Constitutional Convention from
the county of Grant, and served in that body on the com
mittee on corporations other than banking and municipal.
He was inclined, neither by habit por training, to take much
part in general debate; but in the qualities of clear
judgment, strong reasoning powers and good native sense,
he had no superior. In 1849, in company with many others
from the mining region of Wisconsin, he went to Califor
nia, leaving his family in Madison, in which place he be
came a permanent settler in 1852; and remained there
during the balance of his life. He devoted the latter years
of his Hfe to mercantile pursuits. Mr. Gray was of a
kind hearted, generous nature, of upright and honorable

88 HON. WILLIAM C. GREEN — HON. JOHN HACKETT.
character, quiet and unassuming in manners, a staunch
friend, a kind neighbor, and an honest man, possessing
many warm friends. He was patriotic, and took a hvely
interest in the war for the maintenance of the Union, which
he aided by his voice and means, and by sending his son
to fight in the ranks of the country's defenders.
Mr. Gray discharged, in a highly creditable manner, the
duties of all pubHc positions he held, but was seldom will
ing to accept of political preferhient. He was, for a time,
a member of the county board of supervisors of Dane
county. He was in aU respects an excellent citizen, and
highly esteemed in aU the relations of life." He died in
Madison on the 15th day of May, 1867.
HON. WILLIAM C. GREEN.
William C. Green was born in Berlin, Massachusetts,
August 26, 1802; received a common school education,
and chose for business the occupation of a farmer. He
resided severaf years in the town of Wethersfield, Genesee
county. New York. In 1840, he located in the town of
York, Green county. He held the office of county super
intendent of schools three terms, commencing with 1862.
He married Joanna Phillips.
In 1846, he was elected a member of the first Constitu
tional Convention, and served in that body on the commit
tee on internal improvements. He was a gentleman of
sterling sense, good culture, and was highly esteemed by
his associates. HON. JOHN HACKETT.
John Hackett was a member of the Constitutional
Convention of 1846, but not arriving at the capital for sev
eral days after that body was organized, his name does
not appear on any of the standing conimittees; but he was
a useful member. He had previously served as a member
of the territorial legislature in the years 1840, 1841 and
1842. He was also a member of the state assembly in

HONS. GEO. B. hall; JAS. H. HALL; S. P. HAMMOND. 89
1852. He has since been a prominent citizen of Beloit;
has been mayor of that city, and is stiH a resident of that
place. No record of his Hfe and career having been fur
nished, further particulars cannot be given.
HON. GEORGE B. HALL.
The place of nativity of Mr. Hall is not recorded, nor
his age. He was a lawyer by profession, elected to the
first Constitutional Convention from Rock county, and
served on the committee on boundaries and name of the
state. He was a gentleman of pleasant and affable ad
dress, well read, of few words, but of deep and profound
thought — in all respects a worthy and honest man. Mr.
Hall, several years ago, removed to Owatonna, in Min
nesota, at which place he died, April 21, 1878.
HON. JAMES H. HALL.
James H. Hall was born in Vermont in 1813. He
was by profession a farmer, and was elected to the first
Constitutional Convention from Racine county in 1846.
He served in that body on the committee on preamble, but
was not otherwise distinguished. He was a gentleman of
fair abilities, a good man and worthy citizen. He removed
from the county some time in 1850, and settled in Wal
worth county, where he died on the 27th of October, 1866.
HON. SANFORD PARKER HAMMOND.
Sanford Parker Hammond's ancestral record is quite
brief. His father, James Hammond, was born in Provi
dence, Rhode Island, in 1769, and died in Cortland, New
York, in 1822. His mother, whose maiden name was
Ruth Parker, was born in Tolland county, Connecticut.
He was born in the town of EUington, in Talbot countj^
September 9, 1808, enjoyed a common school education
only, and was always by occupation a farmer. Married,
February 11, 1838, to Elizabeth Hiers; settled in Johns
town Center, Rock county, in 1839; removed to MagnoHa

90 hons. d. harkin; m. t. hawes; jas. p. ha yes.
in the same county some five years later, where he has
since resided until recently, when he removed to Evansville.
He was elected a member of the Constitutional Conven
tion in 1846, from the county of Rock, and served in that
body on the committee on corporations other than banking
and municipal. Since the organization of the state, Mr.
Hammond seems to have generaUy avoided public life, pre
ferring the quiet of the farm to any other occupation.
Like so many others recorded in this volume, he has lived
practically and been an eye-witness to the whole growth
and history of Wisconsin, seeking no personal distinction,
while discharging every duty as a friend and neighbor
with kindness and fidelity. Of such men was the pioneer
stoc^ mainly composed. HON. DANIEL HARKIN.
Daniel Harkin was a native of Ireland, born in 1799.
He was elected to the Constitutional Convention from
Racine (Kenosha) county, in 1846, and was by occupation
a farmer. He served in that body on the committee on
schedule for the organization of state government, but took
no active part in the general proceedings. Some time
after the convention, he removed to the town of Waldrick,
in Iowa county, where he resided tiU 1868, when he re
moved to Sandyville, Warren county, Iowa, at which place,
according to latest information, he is still living.
HON. M. T. HAWES.
M. T. Hawes was elected to the Constitutional Con
vention from Walworth county, in 1846, but no record
remains of him except that farming was his profession.
He did not take his seat during the entire session. Of the
subsequent career of Mr. Hawes little is known. He is
reported as having died several years ago.
HON. JAMES p. HAYES.
The committee have been unable to obtain anything
like a personal record of Mr. Hayes. He was elected at

HON. LORENZO HAZEN. 9I
the age of twenty-five years to the first Constitutional
Convention from La Pointe county, a district at the time
isolated from all others by wide stretches of wilderness
country; and transit to the territorial capital either by the
Sault Ste Marie or St. Croix route required scarcely less
than one month. The mileage distance paid for was 600
miles. Mr. Hayes did not take his seat until twelve days
after the session had commenced, and hence his name does
not appear on any of the standing committees, nor does it
appear that he took any prominent part in the proceedings.
His social qualities were predominant — • a jovial, free
hearted son of the forest, who enjoyed fun and frolic better
than the severe duties of legislative work. He is chiefly
remembered for these characteristics, and the many friends
secured while serving as a member, all of whom preserve
pleasant recollections. He probably left the territory soon
after the adjournment, leaving no trace of his whereabouts
that can now be found. HON. LORENZO HAZEN.
Lorenzo Hazen was born at Copenhagen, Lewis
county. New York, April 4, 1817. His ancestors were
from England, but settled in this country at an early day.
His great-great-grandfather, Edward Hazen, was born
at Rowley, Massachusetts, in 1660; his great-grandfather,
Benjamin Hazen, was born at the same place, in 1694;
his grandfather, Edward Hazen, was born at Groton,
Massachusetts, in 1737; and his father, John Hazen, was
born in Swansey, New Hampshire, in 1786. His mother's
maiden name was Polly Blodgett.
Our subject, Lorenzo Hazen, received a common
school education, became a mechanic, and continued to
reside in Copenhagen, New York, till the faU of 1843,
when he removed to Wisconsin, and settled at Oakfield,in
Fond du Lac county. In June of this year, he was mar
ried to Miss Mary Moore. In 1844, he was followed to

92 HON. WILLIAM R. HESK.
Wisconsin by eight brothers, who aU became residents of
the state — Chester Hazen, now of Fond du Lac county,
being one of them. He was a resident of Oakfield, when,
in 1846, he was elected as one of the representatives of
Fond du Lac county, to the first Constitutional Convention.
In this body he took active part in shaping the organic law
for state government. He was a member of the commit
tee on municipal corporations, and was a man of good
abiHties, practical sense, clear understanding and a culti
vated mind. He gave close attention to his duties in the
convention. Mr. Hazen was the first town clerk of Oakfield; has
served several years as justice of the peace in both the
cities of Fond du Lac and Ripon.. He was in the United
States service as a master mechanic during the years 1863
and 1864, and was with the Union army in the south. In
1865, he removed to Medford, Steele county, Minnesota,
where he was admitted to the bar, practiced the profession
of the law for several years, and is now, in 1880, serving
his second term as county judge of Steele county in that
state. HON. WILLIAM R. HESK.
William R. Hesk was a native of England, born in 1705,
and by profession a farmer. He was elected a member of
the Constitutional Convention from Waukesha county, in
1846, in which body he served on the committee on pow
ers, duties and restrictions of the legislature, but otherwise
took no important part in the proceedings. He was a
gentleman of fair abiHties, and quite popular with his asso
ciates. In i860, he was elected a member of the assembly,
but his further record, and what, if any, local positions he
held, are unknown to us. He died at Menomonee Falls,
some two years ago.

HONS. FRANKLIN Z. HICKS  LA FAYETTE HILL. 93
HON. FRANKLIN Z. HICKS.
Franklin Z. Hicks was born in the state of New York,
in the year 1818. He settled in Fairplay, Grant county,
Wisconsin, at an early date, where he embarked in mining
as a pursuit. He was elected a member of the first Con
stitutional Convention in 1846, from the county of Grant,
but took no prominent part in the proceedings. His ser
vices, were, however, valuable and creditable to both himself
and his constituents. He was a member of the territorial
house of representatives in 1842, 1843 and 1844. Subse
quent to the time of the convention, Mr. Hicks removed
to Iowa county, and represented the northern district of
that county in the assembly in 1861. Some years ago he
settled at some point in the state of Iowa, where he still
resides. He is a man of good character, and is deservedly
popular wherever known.
HON. LA FAYETTE HILL.
John and Cynthia Hill resided at Burlington, Ver
mont, at which place their son. La Fayette Hill, was
born, August 28, 181 2. La Fayette received a common
school education, and entered upon a general business Hfe
at the age of eighteen. He removed to Rochester, New
York, in 1832, and was married in that city, February 18,
1835, to Miss Elizabeth French, daughter of Amos H.
French, Esq. In the faU of 1835, he removed to Chi
cago, IlHnois, where he remained one year. In the fall of
1836, he came to Milwaukee; in August, 1837, he settled
in what was then Kentucky City, now Dekorra, Columbia
county, Wisconsin. He at once became a prominent citi
zen in the town, serving as a member of the board of
supervisors, justice of the peace, post-master, assessor, etc.
In 1846, Mr. Hill was elected as one of the representa
tives from Columbia county, to the Constitutional Conven
tion, in which body he served on the committee on the
preamble. He gave close attention to the business of the

94 HON. WILLIAM HOLCOMB.
convention, was a man of sound practical sense, and ex
erted a good influence in shaping the organic law of the
state. Mr. Hill died July 7, 1853. His widow stiH survives,
and is now Mrs. Elizabeth Weir, of Portage, Columbia
county. HON. WILLIAM HOLCOMB.
The committee have been unable, after much diligent
inquiry, to obtain the family and personal record of Mr.
HoLcoMB. He was elected a member of the first Consti
tutional Convention from St. Croix county in 1846 — his
district at that time having a larger area than many Amer
ican states — extending as it did from old Crawford county
on the south to the 49th degree of north latitude, embrac
ing nearly all of Minnesota east of the Mississippi river,
and so much of northwest Wisconsin as lies westward of
the fourth principal meridian north of the La Crosse river
— a region at that time nearly all embraced under the gen
eral name of St. Croix county. Settlements had com
menced about the lake as early as 1840, but the population
was widely scattered — St. Anthony's FaHs and Stillwater
being about the only points that had achieved names.
Living at the latter place, the boundaries finally adopted
for Wisconsin left Mr. Holcomb, with many of our early
settlers, outside the Hmits of the state. The trip to Madi
son at that time, under the most favorable conditions, prob
ably consumed two weeks. Mr. Holcomb did not take
his seat in the convention until after it had been several
days in session, for which reason his name does not appear
upon any of the standing committees. The chief interest
of his constituency, at that time, was the securing such a
boundary fine in the northwest as would permit the crea
tion of a state out of what remained of . the territory, with
commercial ports on Lake Superior and a navigable water
front on its southeastern border. To this point he ad-

DR. FRANCIS HUEBSCHMANN. 95
dressed his main efforts, with the result of securing a
favorable report, and the adoption of a Hne substantially
coincident with the one finally established by congress in
the act of admission. A prominent purpose of the settlers
on the St. Croix at that time was, the creation of a state
north of a line drawn from Green Bay to Mountain Island
on the Mississippi river, which, it was hoped, would em
brace all that part of Michigan north of the peninsula,
leave the basin of the St. Croix centrally located, and thus
make room for a state fronting the whole south shore of
Lake Superior; but the proposition did not meet with
favor. On the organization of the state of Minnesota, Mr.
Holcomb was elected its first lieutenant governor. He
also held the office of either register or receiver of the
land office at Stillwater for many year^. He was a gen
tleman of fine culture, large and varied frontier experience,
and clearly forecasted the future of the two great states
he assisted in creating. He was a good and noble man,
ever held in high esteem by all who knew him. He died
suddenly at Stillwater about the year 1868.
DR. FRANCIS HUEBSCHMANN.
Dr. Francis Huebschmann was born in Riethnord-
hausen. Grand Duchy of Weimar, April 19, 1817; was
educated at the colleges of Erfurt and Weimar, receiving
his professional education at the University of Jena, from
whence he graduated March 10, 1841 ; was by profession
a physician; he came to the United States in 1842, and
settled at Milwaukee, where he continued to reside until
the time of his death, which occurred on the 21st day of
March, 1880; was school commissioner from 1843 to 185 1;
member of the first Constitutional Convention in 1846, and
served on the committee on suffrage and elective franchise,
and was a faithful working member. His active mental
organization, affable and courteous habits and pleasing

96 DR. FRANCIS HUEBSCHMANN.
address, gave him personal popularity among his associates,
by aH of whom he was highly respected. He was the
especial champion of the provision in the constitution grant
ing to foreigners equal rights with Americans. Was presi
dential elector for the state-at-large in 1848 ; member of the
city council and county supervisor from 1848 to 1867; state
senator in 1851, 1852 and in 1862, having been elected the
latter year to fill the vacancy occasioned by the death of
Hon. Charles Quentin; and was again a member of
the senate in 1871 and 1872; was superintendent of Indian
affairs of the north superintendency, under Franklin
Pierce, from 1853 to 1857; entered the military service
during the rebellion, and was mustered in as surgeon of
the 26th Wisconsin volunteers, in 1862; was surgeon in
charge of division at the battle of Chancellorsville ; surgeon
in charge of ninth army corps at the battle of Gettysburg,
and with 500 wounded and nine assistants was in the hands
of the rebels for three days ; at the battle of Chattanooga;
in charge of the corps hospital in Lookout Valley in Janu
ary and February, 1864; was brigade surgeon at the front
at the battles of DaHas, Kenesaw Mountain and Peach
Tree Creek, and at Atlanta; was honorably discharged
October i, 1864. On returning home, was connected with
the United States General Hospital, at Milwaukee, until
several months after peace was declared.
Dr. Huebschmann possessed a warm heart, and during
his long residence of thirty-seven years in Milwaukee, he
gathered around himself a phalanx of warm friends. He
was the first German physician in the city; the first presi
dent of German democratic association ; the founder of the
Banner und Volksfreund; in a word, he was a man noted
for steriing honesty of purpose, sincerity, truthfulness, and
an earnest desire to promote all enterprises for the public
good, and especially was he zealous in the promotion of
anything relating to the welfare and progress of his native
countrymen — the Germans.

HON. BENJAMIN HUNKINS  HON. GEORGE HYER. 97
HON. BENJAMIN HUNKINS.
Benjamin Hunkins was a native of the state of New
York, born in 1810, and by profession a farmer. He was
among the earliest settlers in Waukesha county, from
which he was elected a member of the first Constitutional
Convention in 1846. Owing to delay in reaching the cap
ital until after the session had commenced, he was not
appointed upon any standing committee, and he took but
little part in debate. He was in many respects a gentle
man of decided force and marked abihty — strong of mind,
clear in judgment, logical in conclusion, and admirably
fitted to have taken, under favorable surroundings, a prom
inent part in public affairs. Locally he fiHed many impor
tant positions after the state organization; was elected a
member of assembly in i860. Some years ago, Mr.
Hunkins removed to the west, and is now Hving in the
state of Nebraska. HON. GEORGE HYER.
George Hyer was the eldest son of Frederick and
Eliza Hyer, and was born at Fort Covington, Franklin
county, New York, July 16, 1819. His education was
Hmited to the common schools of that day, and in 1833, he
commenced his apprenticeship at the printing business, in
the office of the St. Lawrence Gazette, published at Ogdens-
burg. Here he became acquainted with Preston King
and Silas Wright, and from them he imbibed early the
political principles held by them at that time. In 1836,
Mr. Hyer came to Wisconsin, to engage in the surveying
of government lands. He reached Milwaukee on the 4th
of July in that year. At that time there was no news
paper in the then viHage of Milwaukee, but the Advertiser
made its appearance on the 14th of July, 1836, and Mr.
Hyer frequently set type for that paper, and contributed
many articles for its columns. He had much, pioneer ex-
7

98 HON. GEORGE HYER.
perience in the then wilderness country, and often took
trips to Green Bay and other points on horse-back. He
was a sworn mail agent in the spring of 1837, and is re
ported to have carried the first mail ever dispatched west
of Milwaukee, which consisted of a few letters and papers,
enclosed in an old stage coach way-bill envelope, which he
deposited in his over-coat pocket. On the 8th of Novem
ber, 1838, the Wisconsin Enquirer, the first paper at Mad
ison, was estabHshed by J. A. Noonan, and Mr. Hyer
set the first type upon that paper. In 1841, he became a
pubHsher of the paper in connection with the late C. C.
Sholes; but retired from it in February, 1842, to unite
with Mr. Noonan in the pubhcation of the Milwaukee
Courier. From this paper he retired in 1843, and united
with John P. Sheldon in the publication of the Wisconsin
Democrat at Madison, which was suspended in March,
1844. Mr. Hyer at an early day secured a homestead of
a quarter section of land near Aztalan, which he deemed
his home, but often went forth to other points to engage
in his profession as a printer. In 1846, he was elected as
one of the representatives of the county of Jefferson, in the
first Constitutional Convention. In that body he was an
able, cautious and an influential member. He served on
the committee on the revision and adjustment of the articles
of the constitution, a position he was admirably qualified to
fin. In October, 1847, Mr. Hyer became connected with
the Rock River Pilot, established at Watertown, but re-
itaained with it only till the following January; and soon
after became connected with the Rock River Times in the
same place, a paper that was only published a few months.
About this time he was manied to Miss Catherine
Keyes, daughter of Capt. Joseph Keyes, who died in
1863. He was married a second time, 1867, to Miss R.
H. Fernandez, at Madison.
In July, 1848, Mr. Hyer issued the first number of the
Waukesha Democrat, which he conducted for about three

HON. GEORGE HYER.

99

years. In the faU of 1850, he was elected from Waukesha
county to a seat in the state senate, in which body he
served with credit to himself and usefulness to his district
and to the state. In December, 185 1, in connection with
Daniel Shaw, Mr. Hyer became conductor of the Com
mercial Advertiser, in Milwaukee. He retired from the
position in 1854, and the paper was changed into the News.
In July, 1855, Mr. Hyer was appointed, by President
Buchanan, register of the land office at Superior, which
position he relinquished in the fall of 1856, and once more
returned to his quiet farm-home on Rock River. He
next became connected with newspaper life in 1859, ^^ ^^^
of the conductors of the Madison Patriot. He repre
sented the capital district in the assembly in 1863. In
consequence of failing health, in the spring of 1864, he
again relinquished his favorite calling, and took an over
land journey to the Pacific, returning in 1865, with vastly
improved health and strength. In October, 1865, in con
nection with D. W. Fernandez, he estabHshed the Madi
son Democrat, with which paper he remained tiU February,
1867, when he purchased a farm in IlHnois, near Beloit.
Here he remained but a short time, when, in October,
1867, he became connected with the Oshkosh Times, and
with that paper he remained till his death, which occurred
on the 20th of April, 1872, after a long and painful illness.
We have thus traced to the end, the prominent points in
the Hfe of this old pioneer to the state, and a man who
possessed many superior qualities of head and heart. His
career was somewhat varied, being the result of feeble
health. He was wedded to his chosen profession, the art
of printing, and took a deep interest in everything pertain
ing to the Art Preservative. He was a general favorite
with printers, and was one of the most prominent and
active members of the State Editorial Association. His
remains were deposited in Forest Hill cemetery, Madison,
under the auspices of the Masonic fraternity, with which

lOO HON. NATHANIEL F. HYER.
order he was an honored and leading member. He" was
an able man, and an honor to his race.
HON. NATHANIEL F. HYER.
The ancestral record of Mr. Hyer, as far as known, is
as follows: His grandfather, Walter Hyer, was a native.
of Connecticut, where his father, David Roscoe Hyer, was
also born, and died at Antwerp, New York, in 1824. He
married Sally Smith, of Putney, Vermont. The family
removed to Ogdensburg, New York, and subsequently re
turned to Vermont, where his son, Nathaniel, was born,
in the town of Arlington, Bennington county, March 2,
1807. He received an academic education, learned land
surveying, but chose the law as a profession, and was ad
mitted to the bar as an attorney at law.
He located in Milwaukee, Wisconsin, May 5, 1836,
where he was soon employed in surveys, laying out roads,
as a magistrate, and other labors incident to new settle
ments. December 2, 1840, he married Frances E. Clapp,
daughter of Caleb and Nancy Clapp, recent emigrants
from Vermont. The after career and wanderings of Mr.
Hyer are thus stated by himself:
It was in the year 1836, that Nathaniel Fisher Hyer
left a flourishing law business at Massena, New York, and
came to the then wilds of Wisconsin. He was literally a
pioneer. Perceiving the rich undeveloped resources cf the
country, he induced many to emigrate to " the land of prom
ise." On account of ill-health, he was unable to put his hand
to the plow, which perhaps gave leisure to discern some pe-
cuHar characteristics of the country which those who must
draw sustenance for themselves and families from the vir
gin soH had not time for. An extensive correspondence
enabled him to give knowledge of this Eldorado to numer
ous friends and, relatives, who, emigrating, have enriched
themselves, many of whom now, more than forty years
afterwards, tender him thanks for giving them the oppor-

HON. NATHANIEL F. HYER. lOI
tunity; and the present prosperity of its cities, villages and
country homesteads, has proven that ho'was correct in his
estimation of the hidden resources of Wisconsin.
Mr. Hyer has had to contend through life, thus far,
with physical disease. Unable to be confined in a lawyer's
office as constantly as that profession demanded, he re
sorted to the more active outdoor employment of survey
ing, in which he had become a proficient when quite
young. His first sojourn in the state was in Milwaukee,
which, at that early day, was a city in embryo. Its site,
so peculiarly favorable to commerce, had been noted; and
the good things hoped for, when the extensive farming
country by which it is surrounded should be opened, was
being made apparent to the rapidly arriving emigrants.
At that time, nearly the first thought of settlers of a new
country was the establishment of the peculiar religious
sect to which they belonged. Among the first movements
of organized effort was a call for a meeting of the whole for
this purpose, over which Deacon S. Hinman was called to
preside, and N. F. Hyer acted as secretary. During his
stay in Milwaukee, he was chosen probate judge. The rest
less spirit of adventure, however, which had caused him
to leave his eastern home, could not be restrained within
the narrow Hmits of the place of his first landing in Wis
consin; albeit, with prophetic eye, he discerned its capabil
ities to become a great commercial city. His nephew,
James Brayton, accompanied him upon an exploring ex
pedition. They followed an Indian trail west fifty miles,
at which point he was induced to stop, on account of some
curious ancient remains of which he had heard. These
appeared to him to have been the work of the ancient
Aztecs — long a forgotten race. The place seemed suit
able for the site of a town, which was then and there com
menced, and was by him named Aztalan. He committed
the result of his investigation of these curious remains to
writing, and it was published in the pubHc prints of the

102 N HON. NATHANIEL F. HYER.
day quite universally, abstracts of which were afterwards
copied into SilUmanh Journal. Aztalan soon assumed
the appearance of a hamlet, and simultaneously, the sur
rounding country was dotted with the rude homes Of emi
grants, preparatory to the rich homesteads which now
beautify the land.
In 1840, he married Frances E. Clapp, who, with her
widowed mother, brothers and sisters, had emigrated from
Vermont, his native state. He built a frame-house at
Aztalan, which was among the first dweUings that had ad
vanced beyond the unhewn logs. After a short residence
at Madison, he returned to Jefferson county; built one of
the first houses erected at Lake MiUs. Here he was un
able long to remain, on account of the malady with which
he was afflicted demanding a more genial climate. He
went to St. Louis, Missouri, in 1843, where he served in
the surveyor general's office two years ; returned to Wis
consin, opened a farm at Dunkirk, Dane county, building
there a residence, and estabHshing a post-office. From
this place he was chosen to represent Dane county in the
Constitutional Convention, in which he served as a mem
ber of the committee on internal improvements. In 1847, he
was appointed to complete the location of university lands,
which he accomplished. But again the chill winds of Wis
consin winters urged him south. He returned to St. Louis
in 1849. The following year he opened a surveyor's office,
and, holding the office of county surveyor, carried on an
extensive business for seven years. His health demanding
a yet more genial clime, in 1856, he removed to San An
tonio, Texas; pursuing his profession of surveying. Sick
ness, very severe, prostrated him ; for more than six months
he was entirely unable to do business. His attending phy
sician recommended sea bathing. In 1857, he went to
Pensacola, Florida, receiving great benefit from the sea
bath. On partial recovery, he was employed as civil
engineer in making surveys of the swamp lands in Louis-

HON. NATHANIEL F. HYER.

103

iana, after which he became a permanent resident of that
state, doing business during many years in New Orleans,
sometimes residing there, and sometimes in the adjacent
parish of Tangipahoe.
The home of a southerner is not so local as in a colder
cHme ; Mr. Hyer had adopted the fashion of the country,
and with his family was domesticated in the country, sixty
miles from New Orleans, a portion of the year. When the
war broke out, and New Orleans was taken from the rebels
by the federal army, and the railroad destroyed, which had
been his weekly conveyance to and from his country home,
he found himself outside the lines of the federal army, and in
a very tight place. To get to the city was impossible, and
equally so to keep provided with food and raiment. It
was only the friendly care of well-known personal friends
among the rebel residents of the country that prevented
his being murdered, so mad with war, and drunk with
blood were those rebel soldiers. His knowledge of the
country rendered him a dangerous person should he hold
communication with the federal officers, and his stubborn
patriotism was too apparent to hope for his joining the
enemies of the Union. The hair-breadth escapes of him
self and family, and the difficulties encountered in getting
to New Orleans were of months' duration. A detail of
these would border on the romantic. Necessarily this
forced movement was attended with loss of property.
After many hair-breadth escapes, he arrived in New Or
leans with his family in October, 1862. In the absence of the
regular official, he was by him appointed assistant engineer
and placed in charge of the offices in the city. He re
mained attached to that department until the close of the war,
after which he was appointed a coHector of United States
direct land tax, and after this a register of voters, which
position he retained during two terms of registration under
United States laws. Afterwards, he was engaged in the
land office; subsequently in the auditor's office. His faiHng

I04 HON. ISRAEL INMAN — HON. THOMAS JAMES.
health induced him to try permanent residence in the country
at Amite, seventy-five miles north of New Orleans. He was
appointed parish surveyor, also parish treasurer and justice
of the peace. But faiHng health not permitting him to
fulfill the duties of these offices, he was induced to return
to Wisconsin for a time. In May, 1877, he, with his
family, reached Madison, Wisconsin. The changes which
the long years of his absence had wrought in that beautiful
city, while it confirmed the truth of his early impressions
of what might be, had renewed the home feeling of thirty
years before. The same appHed to other cities and towns
which he visited.
There is an ancient proverb extant in Louisiana which
affirms that a residence of more than one year within her
flowery borders compels those who seek home elsewhere
to return, or to drag out the remainder of earthly life
darkened with homesickness. The proverb may possibly
become true in his case.
At latest accounts, Mr. Hyer was still living at Fort
Atkinson, Jefferson county.
HON. ISRAEL INMAN.
Israel Inman was a Pennsylvanian, born in 1815, a
farmer by occupation, and elected to the Constitutional
Convention of 1846, from Rock, county. He served in that
body on the committee on the powers, duties and restric
tions of the legislature. His after career is not known.
He died several years ago.
HON. THOMAS JAMES.
The ancestry of Thomas James on both sides of both
father and mother, was of Virginia origin, but the family
at a very early day emigrated to Kentucky, and by subse
quent marriages became intimately related to the Buckner
and Garnet families of that state. He was born in Bar
ren county, August 30, 1815, received a common school

HpN. THOMAS JAMES. I05
education, was by general profession a farmer, but much
of his life has been passed in a judicial capacitj' — he hav
ing held the office of justice of the peace, with three years'
exception, since 1843 — or for a period of thirty-three years.
He located in Shullsburg in 1834, ^^^ ^^^ ^'^^^ since re
sided there. June 3, 1839, he was married to Catherine
Meade, of Dubuque, Iowa.
In 1846, he was elected a member of the Constitutional
Convention from the county of Iowa, and served in that
body on the committee on the organization and officers of
counties and towns, and their powers and duties. His
labors, while not espcially prominent, were both useful and
honorable, and in all senses creditable to himself and con
stituents. Since the state organization, except the position
of justice, he has held no other office.
Among pioneer experiences, we record a single inci
dent, as showing the somewhat pecuHar law practice of the
period, and magnanimity of rivals, who did not long allow
a personal difficulty to sever the ties of friendship. A
short time previous to the election of members to the con
vention, in the trial of a suit, his opponent for the candi
dacy, as an attorney, took occasion to indulge in a continu
ous tirade of abuse against the court, by gross insinuations
of misconduct, nominally directed at the opposing counsel,
but really to excite pubHc prejudice for his own poHtical
benefit. At the close of the trial, this was continued, when,
forbearance having ceased to be a virtue, his honor, striking
out from the shoulder, planted a blow that knocked the
traducer down. No weapons were drawn, as was then
much the practice, and for a while the matter rested.
Shortly after, the canvass came on, when Mr. James pro
posed that they stump the county together, so that, as he
was not given to speaking, he might " throw in an occa
sional broadside." "No," was the reply, "not if you
throw in such broadsides as you did in your office the
other day." After this the offender continued to practice

I06 HONS. EDWARD H. JANSSEN — THOMAS JENKINS.
in court with uniform courtesy and good nature, and when
ever he saw any other lawyer venturing upon an offensive
Hne of conduct he warned him that the court, when too
hard pushed, might render hard handed decisions in no
way conducive to personal comfort. It is worthy of note,
and highly creditable to the abilities of the justice, that in
so long a career of judicial administration, covering all
classes of cases, in every appeal taken to either circuit or
supreme court, his decisions were in all cases sustained.
Few justices, indeed, can boast of such a record.
HON. EDWARD H. JANSSEN.
Edward H. Janssen was a native of Germany, born in
1816, elected to the first Constitutional Convention from
Mequon, Washington county, and by profession a farmer.
He was among the earliest settlers of the county. He served
in the convention of 1846 on the committee on eminent
domain and property of the state. In 1852, he was elected
state treasurer, and, through the misconduct of his assistant,
became involved in much trouble. Having known him
intimately for many years, we desire to record the convic
tion that he was personally a man of strict honesty, and
most upright intentions — a gentleman of unusual intelli
gence, kind and noble impulses, and honorable ambition
and aims. Owing to long protracted sickness in his family,
and other causes, he was unable to attend in person to the
duties of the office, the affairs of which fell into confusion,
and were the cause of great popular indignation. He died
a few years since, greatly loved and respected by aU his
neighbors and friends. HON. THOMAS JENKINS.
The ancestral record of Mr. Jenkins is unknown, beyond
that of his parents, who were born in North Carolina —
the father being of EngHsh and the mother of Irish descent.
He was born in South Carolina in March, 1801 ; enjoyed a

HON. STODDARD JUDD. IO7
common school education, and was a farmer by general
occupation. After a residence of some years in the states
of Alabama and Missouri, he settled in DodgeviHe, in the
territory of what is now Wisconsin, in 1827. He was mar
ried to Minerva Young, in 1833. Previous to his election
as a member of the Constitutional Convention in 1846, he
had been twice elected to the territorial legislature. In
1832, he served in the Black Hawk war under General
Henry Dodge, and was wounded in the battle of Peca-
tonica. In 1849, the family removed to California, remain
ing there until 1864, when, accompanied by two sons, he
removed to New Mexico. His wife died in 1850, in Cali
fornia. He died in 1866.
As a member of the convention he served on the com
mittee on the powers, duties and restrictions of the legisla
ture. The part he took in the proceedings was not prom
inent; but he was a man of strong practical sense, solid
intellectual acquirements, sterling honesty, and in all senses
a safe and valuable representative, who honored every
position he was caUed upon to fill.
HON. STODDARD JUDD.
Stoddard Judd was born in the town of Sharon, in the
state of Connecticut, May 18, 1797. He graduated at the
Albany Medical College, and received a diploma from the
medical society of Dutchess county. New York, in 1819.
He practiced his profession in that county until 1841, when
he came to Wisconsin, and was appointed by President
Harrison to the office of receiver of the Green Bay land
district, in which capacity he served, and resided in Green
Bay until 1845.
In the years 1829, 1835 and 1836, he was a member of
the legislature erf the state of New York. He was a
member, in 1846 and 1847-8, of the first and second Con
stitutional Conventions of Wisconsin. He served in the
first as chairman of the committee on finance, taxation and

I08 HON. CHAUNCEY KELLOGG.
pubHc debt, and in the second on several select committees,
covering numerous matters of importance, and took an
active part in the proceedings of both bodies. He also
represented, in i860, the assembly district, and in 1866 and
1867 the senatorial district, in which his residence was
included. He was one of the pioneers in the settlement of
Fox Lake, moving there from Green Bay in 1845, contin
uing to reside there untu his decease, March 2, 1873.
Dr. Judd took a prominent part in the organization of
the raUroad system of the state, and was one of the first
directors, and for several years president, of the La
Crosse and Milwaukee Railroad Company. He was dur
ing many years an active member of the order of Odd
Fellov/s. In 1859, ^^ became Grand Master of the Grand
Lodge of the state. In 1863, he was elected Grand Rep
resentative of the Grand Lodge of the state for two years,
and in 1869, Grand Representative for two years of the
Wisconsin Grand Encampment in the Grand Lodge of the
United States.
Dr. Judd was married, January 9, 1822, to Elizabeth
Emugh, of Dutchess county. New York. His wife, one
son and four daughters survive him.
Dr. Judd was a man of decided ability, and possessed
great energy of character. He was prominent in both
Constitutional Conventions as a speaker, taking a leading
part in many of the debates in those bodies. In the fram
ing of the organic law of the state, he performed his full
share of the work, and was in all respects a useful member
of the convention. He was ever a valued member of
society, honored and respected by the people who knew
him. HON. CHAUNCEY KELLOGG.
Kelmot Kellogg, the father of the subject of this
sketch, was a soldier in the revolutionary war. Chauncey
Kellogg was born in Goshen, Litchfield county, Connec
ticut, April 23, 1790. He received a common school edu-

HON. CHAUNCEY KELLOGG.

109

cation, and became a carpenter and joiner, which trade he
followed until his settlement in Wisconsin in 1837, since
which time he has devoted his attention to agricultural
pursuits. He was married in Goshen, Connecticut, Sep
tember 23, 1812, to Helen Howe, with whom he lived a
little over sixty-seven years. She died, February i, 1880.
In 1814, he settled in Smithfield, Pennsylvania, where he
cast his first presidential vote for James Monroe in 1816.
In 1823, he removed to Cortlandville, New York ; and in
1837, settled in Racine county, Wisconsin. In 1853, he
removed to Winnebago county, and since that time has
divided his time between Appleton, Fort Atkinson and
Neenah. He writes, that he "was captain in Pennsylvania
militia; commissioner of deeds and notary public in New
York ; and was coroner and justice of the peace in Racine
county; was once nominated by the democrats for mayor
of Appleton, but got badly whiffed! "
In 1846, he was elected a member of the first Constitu
tional Convention from the county of Racine, and served
in that body on the committee on finance, taxation and
pubHc debt. Otherwise, his services were not specially
prominent. He was comparatively an old man (56) at the
time the convention met, and he still survives, in the ninety-
first year of his age. In a career of usefulness, in all rela
tions of life, nov/ verging towards a century, Mr. Kellogg
has ever enjoyed the respect and esteem of all who knew
him. In a note bearing date April 23, 1880, Mr. Kellogg
gives some particulars in regard to his business operations,
and then refers to his first settlement in Wisconsin in so
pleasant a manner that we give it in his own words. He
writes: "I first came to Wisconsin in the spring of 1836;
spent the summer, and voted for Charles Durkee for
delegate to congress, at the first election held in the terri
tory. In 1837, moved my family in emigrant wagons, that
being the common way of moving then; the same spring

no HONS. CHARLES J. KERN  ASA KINNEY.
my father and mother, my wife's father and mother, two
of my brothers, and two of my wife's brothers, with their
famiHes, came to Wisconsin, and most all of them settled
near me, about ten miles from Racine, at a place that was
called Kellogg's Corners, and afterwards was named Syl-
vania. Seventeen of this company were members of the
Methodist Episcopal church. I brought with me twelve
children, all of whom lived to years of maturity, and be
came members of the church of their fathers. Soon after,
my brother-in-law. Rev. Julius Field, with his family,
moved to the same place ; he was one of the first mission
aries in the territory. We soon built one of the first, if not
the first finished church in Wisconsin. It was dedicated in
1840. I am to-day (April 23, 1880) ninety years old. I
have voted for every democratic candidate for president
since 1816; hope to cast a vote for one more successful
democratic candidate. I am so blind I cannot read a word,
and so deaf I cannot hear but very little ; am living with
my daughter, Mrs. Ladd; she does my reading and writ
ing for me. I expect soon to join the half of my family
that have already passed to the other shore."
HON. CHARLES J. KERN.
Charles J. Kern was a native of Prussia, born in
1805, and by profession a farmer. He was elected to the
first Constitutional Convention from Washington county,
and served in that body on the committee on corporations
other than banking and municipal. He was a gentleman
of ability, and much respected by his associates. In 1859,
he was a member of the state assembly. He died many
years ago; the date is unknown.
HON. ASA KINNEY.
The parents of Mr. Kinney were Abel Kinney and
Freelove Kinney, of Homer, Cortland county. New
York, their place of nativity being New London, Connecti-

HON. ASA KINNEY. Ill
cut. They were among the early settlers of Cortland
county, and the father was a man of prominence and in
fluence. His grandparents were of revolutionary stock,
having served their country in the struggle for liberty.
Asa Kinney was the fourth son of the family, and was
born at Homer, Cortland county. New York, May 21,
1810. He received a good common school education, de
riving great benefit from a town library, and from a debat
ing club, in which he was an active member. He resided
in Homer, New York, in Preston City, Connecticut, and
in Cattaraugus county. New York, previous to his coming
west. He landed in Milwaukee, July 3, 1836, and settled
at Oak Creek, on the fifth of the same month. Here he
engaged in the occupation of farming. Before coming
west, he had held several town offices in New York, and
had been promoted to be lieutenant-colonel of a regiment
in that state. He was appointed by Gov. Dodge, one of
the first justices of the peace in Milwaukee county. He
was a member of the last territorial legislature, and held
several town offices in Oak Creek. He was elected as one
of the representatives from Milwaukee county to the Con
stitutional Convention of 1846, and served on the commit
tee on the organization and officers of counties and towns,
and their powers and duties. He was a hard working
member, and performed a large amount of labor in this
body. He was not noted for speech making, but for good
soHd sense and great vigilance in the discharge of his
duties. He served in the state senate in 1848 and 1849.
In 1852, he went to California, and was a member of the
legislature of that state in 1853 and 1854. ^^ came within
one vote of being elected speaker of the assembly.
Returning to Wisconsin, Mr. Kinney settled in Brook
lyn, Green Lake county. He was sergeant-at-arms of the
state senate in 1859 ^^^ ^^^°- -^^ ^^^"- located at Ripon,
and v\fas a member of the council in that city in 1867, and
was two years street commissioner in the same city. Some

112 HON. ASA KINNEY.
ten or twelve years ago, he settled in RusseU City, Kansas,
where he has served as city clerk, poHce judge, clerk of
the district court, and eight years justice of the peace, and
is StiH acting in that capacity. He was appointed in 1858,
by Gov. Randall, colonel of the militia of Wisconsin.
Mr. Kinney, in 1861, enlisted as a private in the Ripon
Rifles, and was mustered into the fourth regiment of in
fantry, commanded by Colonel H. E. Paine. He was
appointed quartermaster's sergeant. In December, he was
discharged on account of ill-health. He was afterwards
commissioned as first Heutenant and quartermaster in the
first Wisconsin cavalry, and joined the regiment at East-
port, Mississippi, and remained with it till the close of the
war. After the war, Mr. Kinney acted as a land and in
surance agent for several years. For some time he was
a director and agent of the Madison Mutual Insurance
Company. Mr. Kinney has been married four times. September
15, 1830, to Miss Diana Spicer, of Preston City, Con
necticut; she died May 2, 1834. January 15, 1835, to
Miss LucRETiA Grinnell, of Rutledge, New York; she
died September 21, 1836, at Oak Creek. March 15, 1837,
to Miss Celia Ann Rawson, of Oak Creek. November
15, 1878, to Mrs. R. C. Wilson, of Albia, Iowa.
Thus, it is shown that the life of Mr. Kinney has been
one of unusual activity, mixed with a wonderful variety of
experiences. He has held a large number of civil offices;
served in the war; crossed the plains to the land of gold;
has traveled through the Central American states and
Mexico. In a letter, he saj^s : " It would be hardlj'- possible
for me to give the experience in pioneer life since the Con
stitutional Convention." From the record given above,
the reader will imagine the experience has been very great
and fuH of interest. He is a man of pleasing address,
fluent in conversation, and intelligent on an immensfe vari
ety of subjects. At the age of seventy, he is in the enjoy-

HONS. JOSEPH kinnie, JR.  FRED'K S. LOVELL. II3
ment of good health, with a fair prospect of having yet in
store several years of usefulness to the world.
HON. JOSEPH KINNIE, JR.
The ancestors of Mr. Kinnie were from Scotland, and
came to this country at an early day in its history, and
settled in Massachusetts. Joseph Kinnie, Jr., was born
in Mount Holly, Rutland county, Vermont, January 29,
1799. He received a common school education, and
adopted farming as an occupation. He resided in his
native county till 1817; in Genesee county. New York,
tiU 1821; in Cattaraugus county, same state, till 1833; ^^
Cuyahoga county, Ohio, till 1838, when he came to Wis
consin, and settled in the county of Racine ; remained there
till 1842, when he removed to Rock county; and from
that county, in 1864, he removed to Pepin county; in 1874,
he went to LeRoy, Boone county, Illinois, at which place
he died May 5, 1875. He was married at China, Genesee
county. New York, May 24, 1820, to Roxania Wilson.
Mr. Kinnie was justice of the peace and post-master
five years at Machia, Cattaraugus county. New York;
' justice of the peace seventeen consecutive years in Avon,
Rock county, Wisconsin ; and was a member of the assem
bly from that county in 1851.
In 1846, Mr. Kinnie was elected as one of the represent
atives from the county of Rock, in the Constitutional
Convention. He did not take his seat tiU the twenty-sec
ond day of the session, which prevented his assignment to
any of the standing committees. He was a man of fair
talent, and was generally respected by his associates.
HON. FREDERICK S. LOVELL.
Frederick S. Lovell was born at Rockingham, Ver
mont, November i, 181 5. He received early and good
educational advantages, and graduated from Geneva Col
lege in August, 1835. Soon after this, he entered upon the
8

114 li01>l. FREDERICK S. LOVELL.
study of the law, in the office ^ith ex-Gov. Hubbard, of
New Hampshire, and afterwards with Judge S. K. Strong,
of New York. On being admitted to the bar, he, in Sep
tember, 1837, settled in Kenosha (then Southport), Wiscon
sin, which place was his home the remainder of his life.
He at once entered the practice of the law, and, being a
man of superior mind, very soon became prominent as a
lawyer. Exhibiting fine talent, he was soon called to public life.
In 1847, we find him a leading member of the territorial
council, in which position he served three sessions with
ability, and until the state government was inaugurated.
He was a leading member from Racine county (then em
bracing Kenosha), in both the Constitutional Conventions —
the one in 1846, the other in 1847. In the first convention
he served as chairman of the committee on executive, legis
lative, and administrative provisions; and in the second,
chairman of committee on amendments. He was an able
and influential member of the conventions; a good, but not
a frequent speaker. In 1857, Mr. Lovell was a member
of the assembly, and was elected speaker fro tem.; and in
1858, he was again returned to that body, and was chosen
as its speaker. He discharged the duties of this position
with signal abHity, and to the complete satisfaction of the
assembly. Colonel Lovell was appointed, in 1857, in
connection with Hon. David Taylor, now supreme judge,
and Hon. S. J. Todd, of Beloit, as revisers of the statutes.
The result of the labors of this commission, was the volume
of revised statutes of 1858, which has been superseded by
the revised statutes of 1878. The superintendence of the
printing of this volume of statutes was confided to Col.
Lovell. In aU the high civil positions held by him, he
discharged the duties with abiUty, honesty and faithfulness
to the interests of the state.
In August, 1862, Mr. Lovell was commissioned as
lieutenant-colonel of the thirty-third regiment of Wisconsin

HON. FREDERICK S. LOVELL. II5
infantry, in which position he served untH Januaiy, 1865,
when he was made colonel of the forty-sixth regiment, and
was mustered out September 27th, of that year. The
thirty-third regiment left their camp in this state on the
I2th of November, 1862, and reported for service at Cairo.
It performed exceUent service, and Col. J. B. Moore, being
placed in command of a brigade, Lieut. Col. Lovell was
in command of the regiment most of the time. He was a
gallant officer, highly respected by both superiors and sub
ordinates. His military career was a useful and successful
one. He was a thorough disciplinarian, and a noble patriot
and gaUant soldier.
At the close of the war, Col. Lovell returned to Keno
sha, where he had since resided, and we beHeve had held
no pubHc office. In early Hfe, Col. Lovell was a demo
crat; but in the general breaking up of parties in 1854, ^^
united his poHtical fortunes with the republican party, and
for several years was an active working member in it.
SociaUy, Col. Lovell was agreeable and pleasant; fluent
in conversation, and clear in expressing his ideas on all sub
jects. He was also a good speaker in public places —
convincing and strong in argument. His health had been
failing for some years. At the reunion of the members of
the Constitutional Conventions in February, 1878, he was
reported too feeble to be present. He died May 14, 1878,
in the sixty-third year of his age. We cannot do better,
in closing this brief notice of this distinguished old pioneer
to Wisconsin, than to cHp the last paragraph of a notice
from the Kenosha Union, a paper printed at the home of
Col. Lovell. The Union said :
" Our deceased friend had many virtues — ^^ some faults — as who has
not.' He was generous to a fault, and lived and toiled for others instead
of himself. He came to Kenosha whe'n a young man, and spent all his
life here. He came poor, and leaves the world poor. No human being
can be found to say that Col. Lovell ever wronged him. As these lines
are read, there w-ill be many who will remember with sympathy the
many acts of kindness of the departed, his social qualities, and, above
all, his brilliant intellect."

1 16 HONS. MADDEN  MAGONE  MANAHAN.
HON. WILLIAM J. MADDEN.
The place of nativity and date of birth of William J.
Madden are not of record. He was elected to the first
Constitutional Convention from Elk Grove, Iowa county,
in 1846, but took no prominent part in the proceedings,
although recognized by his associates as among the clearest
minded and most valuable of the members. He was by
profession a farmer. Of his after career, no information
has reached the committee, but it is understood that he died
several years ago. HON. JAMES MAGONE.
No available information has been within reach, as to
the life and career of Mr. MaGone. He was elected to
the Constitutional Convention of 1846, from Milwaukee'
county, where he recorded his nativity as from New York,
and his profession that of ship builder. He was, at the
time, aged thirty-eight years. Not reaching the capital
until some days after the session had begun, his name does
not appear on any of the standing committees. The jour
nal, however, shows the introduction of many important
measures, several of quite a novel nature, in his name.
After the close of the session, no trace of him remains,
other than that he enlisted as a soldier during the Mexican
war, and soon after died, probably about 1847.
HON. JOHN H. MANAHAN.
The parents of the subject of this sketch, were both from
Ireland. The father, Patrick Manahan, was born at
Athlone, Ireland, and the mother in Connaught. They set
tled in New York citj', in 1801. Thomas Addis Emmett
and D. McNevin, were passengers on the same vessel
with Mr. and Mrs. Manahan, when thej'^ came to America.
The father was a patriot, and fought against the British at
the battle of KiUala, in Ireland, in 1798. He also fought
at Black Rock, near Buffalo, in 181 2, in the Irish Greens.

HON. JOHN H. MANAHAN. II 7
He died in Albany, in 1835. John H. Manahan was born
in New York city, March 29, 181 1. He received a com
mon school education, and became a tanner and currier;
his general occupation in life has been that of a merchant.
He was married in Newark, New Jersey, in May, 1835, to
Elizabeth Lowrey. Previous to coming to Wisconsin,
he resided in New York, and Newark, New Jersey. In
Wisconsin, he resided at Prairie du Chien and Beaver
Dam; and at the present time (1880), he resides at 244,
East I nth street, Harlem, New York.
Mr. Manahan came to Wisconsin in 1837, and settled
at Prairie du Chien; removed to Beaver Dam in 1843 or
1844. In 1841, he was elected commissioner for Crawford
county. Was a member of the territorial house of repre
sentatives, in 1842, under Gov. Doty, known as the bogus
session; was appointed postmaster at Beaver Dam, in 1844,
and resigned in 1850. In 1846, he was elected as a mem
ber of the first Constitutional Convention from the county
of Dodge, and served in that body on the committee on
suffrage and the elective franchise. He was distinguished
by a modest and retiring demeanor, high cultivation, and
keen logical and analytical powers of mind; and was, in
aU senses, a valuable and useful member.
In relation to the miHtary record of Mr. Manahan, that
gentleman writes that he has " none, except aiding Colonel
McKiNNEY, second dragoons, for a few days, driving In
dians out of Dodge county, under orders from Gov. Dodge,
dated January 7, 1848, the authority for which I hold in
my possession." In a note to the writer, dated April, 1880,
Mr. Manahan gives an incident of life in Wisconsin, thus :
" In going from Madison to Beaver Dam, I traveled thirty-
five miles between settlements; crossed Sun Prairie, by
compass, on traU; built the first frame house in Beaver
Dam; opened the first store and post office in that place;
organized the first school district ; and, I think, I drove the
first span of horses in the county of Dodge."

IlS HON. MOSES MEEKER.
HON. MOSES MEEKER.
MosES Meeker was a native of New Jersey, born in
1790. He received an academic education in his native
state; and, in 1817, settled in Cincinnati, Ohio, where he
engaged in the manufacture of white lead. In 1822, he
had occasion to visit St. Louis, and there received informa
tion that an expedition was being fitted up, to go to the
lead mines on Fever river, where Galena is now located.
He became interested in this expedition, and closed out his
business in Cincinnati, that he might join it in person. At
that time the journey from Cincinnati to the Indian village
(now Galena) was long, trying and dangerous, as Indians
were numerous all along the route, and the rivers were
without bridges; but that place was reached by Mr.
Meeker and Col. Cole on the 12th of November, 1822.
Then there were only about thirty persons at that point.
After a careful exploration of the region, Mr. Meeker
determined to engage in mining operations. He then re
turned to Cincinnati on horse back, and entered into a
correspondence with John C. Calhoun, then secretary of
war, giving him his opinion of the lead mines, and made
suggestions as to the proper method of working them.
This correspondence, being submitted to President Mon
roe, resulted in the issuance of an order, permitting Mr.
Meeker to build furnaces, make other improvements, and
operate the mines. Mr. Meeker, still in Cincinnati, pur
chased a substantial keel boat, enlisted several families in
the city (forty-three persons in all), and on the 5th of April,
1823, started for the lead regions by wajr of the Ohio and
Mississippi rivers, and arrived at Galena, June i, 1823.
He at once commenced the building of furnaces, and in
August of that year, a census was taken, showing the
population of Galena to be seventy-four whites and five
hundred Indians. The furnaces were completed in the
spring of 1824, and the product of smelted ore during the

HON. MOSES MEEKER. II9
first year was four hundred and twenty-five thousand
pounds. His efforts were attended with remarkable suc
cess until the breaking out of the Black Hawk war, in
1832, when the works were temporarily suspended, and
Mr. Meeker took an active part in the war against the
Indians, holding the position of captain during the struggle.
After the close of t"he war, he removed to Iowa county, in
Wisconsin, and, in 1837, began the erection of a four blast
furnace on the Blue river. This was one of the first smelt
ing furnaces in the territory.
In 1842, Mr. Meeker was elected to the territorial house
of representatives, and was re-elected in 1843. In 1846,
he was elected to the first Constitutional Convention from
the county of Iowa, and served in that body as chairman
of the committee on internal improvements. He did not
occupy a prominent position as a speaker in general debate,
but the part he took in the preparation of the article re
ferred to the committee over which he presided, limiting
the power of the legislature to plunge the state into exces
sive ventures and doubtful public works, of itself alone
, would entitle him to distinction as a public benefactor, even
if he had lacked, which he did not, in great and honorable
personal merits. A generation has lived to witness the
fruits of a wise precaution, and owes its freedom from
public debt to the forecast of a body of men, earnest and
zealous to protect the future, of whom Mr. Meeker was
an active and efficient worker.
In his early life in Cincinnati, Mr. Meeker had given
attention to the study of medicine, and had attended medi
cal lectures, though he had never practiced the profession.
While he resided at Galena, the scarcity of physicians at
that place almost forced him into practice, and for a num
ber of years his services in that line were extensive, and
he attained the reputation of being a skillful and successful
physician. He continued his residence in Iowa county
untU 1854, when he removed from Mineral Point to his

I20 HON. DAVID L, MILLS.
farm at Meeker's Grove, in La Fayette county, and with
drew from active life. In 1865, he removed to ShuUsburg,
at which place he died very suddenly of paralysis, on the
7th day of July, 1865. His remains were taken to Galena
for interment.
Dr. Meeker was twice married: first, in 1818, to Miss
Mary R. Henry, who died in 1829; and again in 1837,
in Cincinnati, to Miss Eliza P. Shackelton, who stiU
survives. He had a large family of children. His sons:
Warner resides in California; J. D. lives in Nebraska;
John A. is in Richland county; and E. J. is a merchant in
Kansas. His daughters: Emma married Dr. Rumbold,
of St. Louis, and died November 5, 1863; Lida R. mai-
ried George W. Snow, of Milton Junction; and Clara
J. is the wife of Captain Nicholas Smith, editor of the
Janesville Daily Gazette.
Dr. Meeker was a man of high moral and religious
character ; his benevolence and liberality were only bounded
by his means; he was patriotic, courageous and energetic;
he was noted for his hospitality, and his house was ever a
welcome resort for the stranger and the homeless ; and in
all respects he lived an amiable and blameless life. He
took a Hvely interest in the State Historical Society, and
was one of its corresponding members in 1855. ^^ '"^'^^
a prominent member of the Masonic fraternity, and for
several years was an officer in the grand lodge in the state.
It wiU thus be seen that the life of Dr. Meeker has been
one of great usefulness to the new state, where he became
a conspicuous figure in the early days of its settlement.
He achieved high distinction as a patriot, a physician and
a citizen; and was universally esteemed and respected by
aU who knew him. HON. DAVID L. MILLS.
The ancestral record of Mr. Mills, as far as furnished,
is as foUows: Fatiier, David Mills, born in Washington

HON. DAVID L. MILLS. 121
county, New York, May ii, 1780; died in 1853. Mother,
maiden name, Lucy Lewis, born May 25, 1787; married
October 21, 1804 — both living in Oneida county to the
end of their lives.
David L. Mills was born in the town of Grafton,
Rensselaer county, March 7, 1815; enjoyed a common
school education; profession, attorney-at-law; married to
Lucinda S. Parker, of Vienna, Oneida county. May 21,
1852; settled in Fulton, Rock county, Wisconsin, June i,
1845, in which place and Evansville they have ever since
resided. Mr. Mills was elected to the Constitutional Convention
from Fulton, Rock county, in 1846. He served on the
committee on the organization and officei'sof counties and
towns, and their powers and duties. He took quite a
prominent part in all proceedings. After the organization
of the state, he was elected to fill many important positions
in both town and county, in aU of which the duties were
discharged with credit and conscientious fidelit}^. He was
one of the directors of the old Milwaukee and Mississippi
Railroad Company, at the commencement of its work, and
rode on the first train that ever made a trip in Wisconsin —
from Milwaukee to Topliffs — now Elm Grove. He has
also been connected with numerous other enterprises for
the development of the country; and, after a long and
varied career, is stiU in vigorous health and strength, hav
ing been a witness of almost the entire growth of both ter
ritory and state. Like aU pioneer settlers, he retains an
abundant stock of reminiscences and incidents of early
times, which, as they throw Hght upon the time of this
occurrence, ought to be written out for preservation. It is
of such material that the real history of settlement is to be
written. Mere facts and statistics give but little insight
into individual Hfe as witnessed in pioneer experience.

122 HONS. JAMES M. MOORE — DAVID NOGGLE.
HON. JAMES M. MOORE.
James M. Moore was a native of the state of New
York, born in 1815, and by profession a farmer. He was
elected to the Constitutional Convention, in 1846, from
Brookfield, Waukesha county, but took no important part
in the proceedings. He was a gentleman of fair abilities,
strong native sense, and discharged aU duties assigned him
creditably and acceptably. His after career is unknown.
He died several years ago.
HON. DAVID NOGGLE.
David Noggle was born in Franklin, Franklin county,
Pennsylvania, October 9, 1809. His father, Joseph Noggle,
was of Dutch descent, and his mother, whose maiden name
was Mary Duncan, of Scotch-Irish ancestry. Schools
and academies were rare at the period in most parts of the
country, so that he had no opportunities for education be
yond what were furnished by the common schools, and his
time spent in even these rudimentary institutions was very
limited; notwithstanding which, by almost unaided efforts
and tireless perseverance, he overcame the difficulties of
his surroundings sufficiently to fit himself as a teacher.
His general occupation prior to 1838 was that of farming,
but, by dUigent use of his time, he fitted himself for the bar,
to which he was admitted by the supreme court of lUinois,
and took at once a high and commanding position in the
profession. He was married, October 15, 1834, to Anna
M. Lewis, of Milan, Ohio. In 1839, he located at Beloit,
Wisconsin, opened a law office, and at once commenced
the practice of his profession.
In 1846, he was elected a member of the first Constitu
tional Convention, from the county of Rock, in which he
was selected as chairman of the committee on corporations
other than banking and municipal, the duties of which po-
¦ sition were admirably and acceptably discharged, and he

HON. BOSTWICK O'CONNER. 1 23
became prominent as one of the leading men of the
body. In 1854, hs "^^s elected a member of the assembly from
the city of Janesville, to which place he had removed in
1850, and was re-elected to the same position in 1857. He
was subsequently elected judge of the first judicial district
to fiU the unexpired term of Judge Keep, who died in
office, and was re-elected to the same position for a full term.
In 1869, he was appointed chief justice of Idaho, but after
five years of active service was compelled to resign on
account of failing health and growing infirmity that inca
pacitated him from further active life.
Mr. Noggle possessed strong mental power and decided
abiHty. Had he enjoyed the benefits of a classical training
in his youth, his energy and push would have insured him
a national reputation among the greatest men of the land.
Yet with but slight educational opportunities added to ex
traordinary difficulties at the beginning of his career, he
nevertheless reached positions which many of higher cul
ture would have attained with difficulty. In all positions
of trust, it is but just to say, he ever acquitted himself with
credit and honor. As a jurist he had few superiors, as a
statesman he was far-seeing and sagacious, and as a citi
zen he was above reproach. While the rivalry of political
contests made him, possibly, a few enemies, yet his friends
were ever a multitude, warmly attached, sincere and last
ing. He died in Janesville in 1879.
HON. BOSTWICK o'cONNOR.
Bostwick O'Connor was born in Dutchess county.
New York. His father was also born in the same county,
and served in the American army in the war of 1812. In
1817, the family removed to Ohio, where Mr. O'Connor
resided until 1842, when he settled in the territory of Wis
consin, at first at Milwaukee. He describes his educa
tional advantages to have been, that " he graduated from

124 . HON. DANIEL MORGAN PARKINSON.
a log school house, after studying three months with a
Methodist school mistress, when he took his diploma and
put out," becoming thereafter by profession a lawyer and
physician. Was married to his present wife, Mary W.
Plumb, in April, 1865 ; was elected to the Constitutional
Convention in 1846, from Washington county,, in which
body he served on the committee on the organization and
functions of the judiciary, probably the most important
article in the state constitution, and was also chairman of
the committee on preamble. In the general proceedings
of the body he seems to have taken a passive or quiet part,
and not to have aspired to leadership on any of the mooted
points so elaborately debated — voting his own convictions,
but refraining from speech-making.
Since the state organization, Mr. O'Connor has busied
himself most of the time in private life, although filling the
positions of post-master, count};- judge, justice of the peace,
etc., for many years in the several localities in which he
has resided. His peculiar characteristics are the enjoy
ment of an exceptional versatility and vivacity, and free
dom from conventional formalities — traits that mark the
pioneer period — the overflow of a happy, contented mind,
and perfection of physical health. Under the head of
"experiences," he reports: " I can say that I have always
had good victuals and clothes, and lots of good friends. My
Hfe has been a very quiet one, enjoying religion at the rate
of ten knots an hour for the last forty years."
Mr. O'Connor now resides in Remington, Wood
county, a hale, hearty and weU preserved specimen of the
manhood of early times in Wisconsin.
HON. DANIEL MORGAN PARKINSON.
This distinguished western pioneer was the sixth son of
Peter Parkinson, a Scotchman, who emigrated to Amer
ica at a date unknown to his family, and settled in East
Tennessee. His mother's name was Mary Morgan of

HON. DANIEL MORGAN PARKINSON. 1 25
Welsh descent, and a sister of Gen. Daniel Morgan, of
revolutionary fame, and after whom the subject of this
sketch was named. He was born at Carter county. East
Tennessee, October 20, 1790. His father died when he
was two years old, and left his mother with seven children,
in a wilderness country, and in the midst of roving bands
of hostile and friendly Indians. Here 3'oung Parkinson
grew up to manhood, with very meagre opportunities
for secular or moral instruction, and without the aid of the
refinements of society; and when he entered upon active
life, he found himself wanting in the elements of an average
common school education ; yet, he was trained to a high
sense of personal honor, and of the strictest integrity, which
stood him in stead; and throughout his long life he was
never wanting in the adornments of true manhood. We
may well suppose that his mother, rearing a family under
such circumstances, was as heroic in domestic Hfe as her
brother had been heroic in the perils of the revolution.
Mr. Parkinson spent most of his life in farming, and
was, in all respects, a careful and prudent husbandman. In
1822, he settled in Sangamon county, Illinois, having pre
viously lived a few years in White county, Tennessee, and
in Madison county, lUinois. In October, 1827, he came to
the territory of Wisconsin, and settled at New Diggings,
in La Fayette county. He subsequently removed to Min
eral Point, in Iowa county, and built the third house erected
in that place, and kept it as a tavern and bUliard haU. Here
was held the first fourth of July celebration in the state —
presumably in 1828. The late Henry Dodge was presi
dent of the day, and a Doctor Snyder, of BellevUle, Illinois,
pronounced the oration. Previous to his settlement in the
territorjr, he had wooed, won and married the high-toned
Miss Elizabeth Hyder, a native of Tennessee, and in
whose veins flowed the blood of the Hampton family, she
being first cousin of the father of Gen. Wade Hampton,
of South Carolina, late of the confederate service, and now

126 HON. DANIEL MORGAN PARKINSON.
a United States senator. She presented him with aU his
children, but two of whom are now living: Hon. Peter
Parkinson, Jr., of La Fayette, and William Parkinson,
Esq., of Iowa; Nathaniel, who was the first sheriff of
Dane county, having deceased quite recently.
Mr. Parkinson was a captain, major and colonel suc
cessively, of territorial militia, and a lieutenant in the Win
nebago war. He had the command of the fifth volunteer
company, under General Dodge, in the Black Hawk war.
He was accounted one of the best Indian fighters in the
northwest, and was thoroughly versed in the Indian tactics
of warfare. He enjoyed the unlimited confidence of his com
manding officer, to whom he was attached by the closest
ties of friendship; and when, subsequently. Gen. Dodge
was elected a United States senator, his cup of happiness
was filled to the brim, in which there was no taint of
selfishness or of personal ambition. Under territorial gov
ernment, he was a representative from his district, embrac
ing ^hat is now Iowa, La Fayette, Richland and Grant
counties, in the first legislative assembly, convened at Bel
mont, in October, 1836; also of the second session, convened
at Burlington, in 1838, and in the special session of the same
year, at the same place. He was also a member of the first
and second sessions of the third legislative house of repre
sentatives of 1840, 1841 and 1842, and has often been a
member of the board of supervisors of his town, and its
chairman, and often held a seat in the Iowa county board
of supervisors. In 1846, he was elected to represent the
county of Iowa (then embracing what is now La Fayette,
also) in the Constitutional Convention of that year. In that
body he served on the committee on the miHtia, and was
an active, working member of the convention, possessing a
strong influence for good in its action. He was a member
of the state legislative assembly in 1849.
Mr. Parkinson passed through aU the phases of pioneer
life in Tennessee, lUinois and Wisconsin. When he settled

HON. DANIEL MORGAN PARKINSON. '1 27
in lUinois, in 1822, the country was stiU new and full of life
and sport, and when everything, nearly, was done by the
froHc. Houses were buUt, corn picked and husked, quilt-
ings, harvesting and threshing, etc., aU done by meetings
of the settlers' for miles around; their wives accompanying
them, and the young people with their sweethearts. These
meetings were interspersed with rude music, dancing,
wrestiing, horse-racing, and other athletic sports and
amusements, and we may suppose, without offense to the
imagination, that they had their bowls of whisky punch as
well, although Mr. Parkinson was a man of temperate
habits, and taught temperance in his family with such suc
cess that his three grown-up sons never knew the taste of
Hquors. Limited in his education, he yet possessed a
strong mind, well disciplined by reflection and keen obser
vation. In debate, he quoted no authorities to sustain his
positions, but relied upon his own convictions for correct
ness. In physical build he was a very Hercules — over
six feet and six inches in height, with bone, muscle and
flesh to correspond. As a friend, neighbor and citizen,
none could be better; his kindness and hospitality were
proverbial, and bounded only by his ability to confer favors.
He lived in the companionship of such men as Gen. Henry
Dodge, Col. John Moore, Col. Ebenezer Brigham,
Col. William S. Hamilton, Gen. Charles Bracken,
Judge J. W. Blackstone, Col. Abner Nichols, Major
James P. Cox, Col. James Morrison, Col. Levi Ster
ling and Major J. B. Terry, all now deceased, and being
a class of men who laid the foundation of empire and pro
gress in southwestern Wisconsin. Differing in politics,
they nevertheless contracted the warmest personal friend
ship ; Parkinson, Dodge, and their political friends, offered
up sacrifices at the altar of Andrew Jackson; Hamilton,
Brigham, and their party friends, paid homage to the
mighty genius of Henry Clay. In influence, weight of
character and sincerity of purpose, Daniel M. Parkinson

128 HON. RUFUS PARKS.
was the peer of any of these men whom we have named. '
In the State Historical rooms is to be seen a life-like portrait
of this veteran pioneer; it wiU ever remain there, sur
rounded by the portraits of the companions of his later
years. In the coming days, he and they will Hve green in
the memory of the people of the Northwest. Wisconsin is
proud of her founders, and among those whom she wiU ever
deHght to honor wiU stand the name of him of whom this
brief sketch is written. Mr. Parkinson was married three
times, and survived all his wives.
At his residence in the county of La Fayette, on the first
day of October, 1868, at the age of seventy-eight years,
and attended by his son, Peter Parkinson, Jr., he joined
his comrades on the other side who had preceded him to
their final rest. HON. RUFUS PARKS.
Rufus Parks was the youngest son of Warham
Parks, who died in 1800, of wounds received in the battle
of Saratoga, fought against the British forces under Gen.
BuRGOYNE, while acting as aid to Gen. Lincoln. He
entered the service as captain of a company raised and
equipped by his father, and was promoted to the rank of
major. An elder brother was a captain in the EngHsh
service, and both took part on opposite sides in the battle
of Long Island. Rufus Parks was born May 21, 1798,
in Westfield, Massachusetts ; was educated at Philips Acad
emy, Andover, and during his life followed at different times
the professions of merchant, law, and for many years that of
farmer. After a residence at several points in Massachu
setts and Maine, he settled in Milwaukee in October, 1836,
and from thence moved to Summit, Waukesha county, in
1846, where he ever after resided. He married Harriet
Fair Levice, in 1838, at Milwaukee.
He was appointed the first receiver of pubHc moneys at
Waukesha, and was afterwards elected county treasurer.
In 1846, he was elected to the Constitutional Convention

HON. C. H. parsons  HON. H. D. PATCH. 1 29
from the county of Waukesha, and served in that body on
the committee on amendments to the constitution, as well
as upon divers select committees. While not taking a
specially prominent part in the proceedings, he gained the
unanimous respect of his associates by his strong pative
sense, great abilities, clear perceptions of the principles
of organic law, firmness of purpose, steriing honesty, and
courteous and retiring deportment. He was a man of few
words, but they were ever weighty and to the point. In
1858, he was appointed superintendent of public property,
and held the position for several years. In 1867, he was
elected to the assembly, after which he retired to private
life. He died at his home in Summit, September 17, 1878,
full of years and honors.
HON. CHATFIELD H. PARSONS.
Mr. Parsons was a native of the state of New York,
born in 1807. He was elected to the first Constitutional
Convention from Racine county in 1846, and was by pro
fession a farmer. He served in that body on the com
mittee on eminent domain and property of the state. He
was highly esteemed by his associates as an honorable and
upright gentleman, worthy of all confidence. Of his after
career no record has been attainable.
HON. HORACE D. PATCH.
The ancestry of Mr. Patch on his father's side was
John Patch, a son of Ezra Patch, of Connecticut.
He was born in Onondaga, New York, August 7, 1814.
He had an academic education at Cazenovia, New York,
and was by profession an attorney-at-law. He was mar
ried, September 19, 1833, to Cynthia N. Chapman; Hved
for some years in Ohio; removed to Whitewater, Wiscon
sin, in 1843; thence to Calamus, Dodge county, in 1845;
and to Beaver Dam in 1848; was elected to the Consti
tutional Convention in 1846, from the county of Dodge,
9

130 HON. NOAH PHELPS.
but having been detained at the opening and organization
for several days, was not assigned to any standing com
mittee ; yet the record shows an active participation in the
proceedings thereafter. In 1852, he was elected to the
assembly, and subsequently filled the office of clerk of
court, treasurer, etc. Soon after the breaking out of the
rebeUion, he was appointed captain and quartermaster in
the army, in which service he died June 22, 1862, from over
fatigue and exposure, we believe at Corinth, Mississippi.
In aU the relations of life, Mr. Patch was a thoroughly
honest, upright and good man, who enjoyed to the end the
unbounded confidence and respect of his neighbors and
friends. HON. NOAH PHELPS.
Noah Phelps is a descendant of Obadiah Phelps and
Lucy, his wife, who was a daughter of Nathan Pelton,
of East Windsor, Hartford county, Connecticut. He was
born in the town of Turin, Lewis county, New York, May
21, 1808, and after receiving a common school education,
became by profession a surveyor, in which occupation he
was employed in surveying government lands in the pres
ent counties of Dane, Green and Rock, in the then terri
tory of Michigan, in the years 1833 and 1834. January 5,
1835, he married Adelia Antoinette Hoyt; and in
1838, settled permanently in Green county, Wisconsin. In
1841, he was 'elected county surveyor; in 1842, collector of
taxes, and re-elected in 1843. In 1844, he was elected a
member of the territorial house of representatives, and re
elected in 1845, the district then embracing Dane, Dodge,
Jefierson, Sauk and Green counties.
In 1846, he was elected to the Constitutional Convention
from the county of Green, and served in that body on the
committee on banks and banking, and took a somewhat
active part in the general proceedings. In 1848 and 1850, he
was elected and re-elected clerk of the circuit court, and has
since held many local offices of usefulness and importance.

HON. JOSEPH S. PIERCE. I3I
Under the head of pioneer experiences, Mr. Phelps
records of himself: " Chock full of fun, and would Hke to
try it over with the same set. No better could be found."
The reporter who writes this has a vivid recoUection that
he was weU posted in " Ojibway," to say nothing of other
dialects, and that his humor flowed like a fountain, keeping
all about him in a smUing mood, when not convulsed with
laughter. He was a gentleman of great natural abilities,
genial as the sunshine, affable, courteous, and greatly es
teemed by his associates. Under aU his seeming levity,
there was a solid bottom of sterling worth, strict integrity,
and large and varied educational attainments. The pioneer
and his fun are historical characteristics. They grew out
of natural surroundings, were contagious, and permeated
the whole framework of early society. But they never
trenched on the duties of the hour and time. As a result,
the " old settler " is often found as hale and hearty at the
age of seventy as the mass of the present generation at
forty-five or fifty. Pleasant memories are the happiest
gift of old age. HON. JOSEPH S. PIERCE.
Joseph S. Pierce was a native of Vermont, born in
1797, and by profession a farmer. He was elected to the
first Constitutional Convention from Rock county, and
served in that body as a member of the committee on
municipal corporations, but was not otherwise distinguished
or prominent. He was a gentleman possessing strong
native and practical sense, and universally esteemed by
aU who knew him. In 1850, Mr. Pierce bought a farm
in Darlington, La Fayette county, from Hon. H. H.
Gray, and moved on it in 185 1. He resided on his farm
till 1856 or 1857, when he removed to Steele county, Min
nesota, where he built a mill. In a short time this mill was
destroyed by fire. This misfortune seriously impaired the
health of Mr. Pierce, and he died in 1859.

132 HON. THEODORE PRENTISS.
HON. THEODORE ' PRENTISS.
Theodore Prentiss was born September 10, 1818, at
MontpeHer, Vermont. He is the eighth son of Samuel
Prentiss, formerly chief justice of the supreme court of
Vermont, subsequently United States senator for two terms,
and afterwards judge of the United States district court.
His father was a native of Stonington, Connecticut; his
mother, Lucretia Houghton before her marriage, was a
native of Northfield, Massachusetts. His paternal and
maternal grandfathers served in the revolutionary war,
and his paternal great-grandfather was a colonel in the
war, from Stonington.
Mr. Prentiss pursued a course of study in the academy
of his native town, preparatory for college, and entered the
University of Vermont in 1838, but left the same year by
reason of ill health, and went south. He returned in 1842,
and studied law in his father's office at MontpeHer, and
was admitted to the bar in 1844. He removed to Wiscon
sin in October, 1844, and settled in Watertown, Wisconsin,
in February, 1845. He was elected a member of the first
and also of the second convention for forming a state con
stitution; was a member of the state legislature in 1861,
and the same year was elected a member of the Board of
Regents of the State University, and three several times
he has been mayor of the city of Watertown. He married
Martha J. Perry, of MontpeHer, Vermont, December 4,
1855, and has three sons. He has been successful in busi
ness so as to have acquired a fair competence.
The services of Mr. Prentiss in the Constitutional Con
ventions of 1846 and 1847-8, were quite varied and im
portant. In the first, he was chairman of the committee
on the acts of congress for the admission of the state, and
reported the article upon that subject, which, after a sin
gle amendment suggested by himself, was unanimously
adopted. In the second convention, he served as chairman

HON. ALEXANDER W. RANDALL. I33
of the committee on schedule and other misceUaneous pro
visions, in a manner equally acceptable to his associate
members. While he took but smaU part in general debate,
his brief speeches upon several pending propositions are
strikingly terse, logical, and to the point, proving a high
order of mental culture, and clear and discriminating judg
ment. His services in both bodies bear the impress of
marked abiHty; and the same is equally true of his subse
quent legislative labors. He has ever held the position of
a prominent, sagacious, and in aU senses upright and
worthy citizen of a state whose organic law he so abty
assisted to perfect. HON. ALEXANDER W. RANDALL. "
Alexander Williams Randall, the subject of this
sketch, was, in many respects, the most prominent charac
ter who has yet appeared in the history of Wisconsin, and
his career will doubtless excuse a minuteness of detail
neither desirable nor necessary to introduce the mass of
pubHc men whose fives are embraced in the scope of this
work. His genealogical record, so far as it has been attainable,
is very brief. His father, Phineas Randall, was a native
of Massachusetts. In 1818, he settled in Montgomery
county. New York, residing there until 185 1, when he re
moved to Waukesha, Wisconsin, and there died in 1853.
He held the office of judge of common pleas under ap
pointment from Gov. William H. Seward, when the
state judiciary was appointed, from 1837 to 1841. Sarah
Beach Randall, his wife, was born in Schenectady, New
York, and at latest dates was stiU living at Fort Plain.
They had several chUdren. Among those who reached
conspicuous positions, we may mention the Hon. E. M.
Randall, at present, and for a long period, chief justice
of the state of Florida.
Alexander W. Randall was born in Ames, Mont-

134 HON. ALEXANDER W. RANDALL. /
gomery county. New York, October 31, 1819. He enjoyed"
a very thorough and complete academic education, and be
came a lawyer by profession. He settled in PrairievUle
(now Waukesha), in 1840. In 1842,. he married Mary
Van Vechten, who died in 1858. In 1863, he married
Helen M. Thomas, of Elmira, New York, who is stiU
living, and resides at North Platte, Nebraska. He was
elected a justice of the peace in Prairieville about the time
he became of lawful age; was appointed postmaster, and
speedily took rank as one of the best jury lawyers in his
circuit. In 1846, at the age of twenty-seven, he was elected a
member of the Constitutional Convention. Detained at
home from some cause, he did not reach the capital until
some, days after its organization, and hence took no part in
the preHminary work. He served as a member of the
committee on corporations other than banking and munic
ipal; but the chief distinction since achieved from his labors
in this body, and one of present historical value, was the
introduction of the resolution, finally adopted, for the sepa
rate submission of the question of colored suffrage to a
vote of th,e people. Strange as it may seem to this gener
ation, anything even remotely tending to equality of races
was in this early day looked upon with jealous hostility,
and its formal proposition as in every way hazardous to
any one ambitious of public life. As this was one of a series
of measures in the north that in the end culminated in the
great war of the rebellion some fifteen years later, it is by
no means unimportant in this connection. The first to
move in the matter was George Hyer, a member from
Jefferson county. He offered a resolution on the subject,
but the next day withdrew it. It was again renewed by
Jaivies M. Moore, of Waukesha county, referred to com
mittee of the whole, where it seems to have been defeated.
Mr. Randall then prepared the resolution in more per
fect form, which, after an exciting debate, was adopted by

HON. ALEXANDER W. RANDALL. 1 35
a vote of fifty-th»ee to forty-six. It was the triumph of a
principle whose importance, at the time, was comprehended
but by very few.
After the close of the convention, Mr. Randall devoted
himself for several years exclusively to professional labors,
and seems to have taken no prominent part in political
affairs, doubtless being looked upon as too much of an
abolitionist to suit either party. But a great revolution
was approaching. The moral sense of the public was
awakening to the horrors of slavery, and its incompatibility
with the principles of republican government. The dem
ocratic party, with which he had previously acted, and
which had an overshadowing majority, by making a test
of fealty to the south too prominent, broke into two frag
ments ; the larger part uniting with a large portion of the
whig party, made a new organization, which took the
name of republican; and although the distinctive issues
u^on which it rose have long since been settled, it has ever
since, with exceptional defeats, maintained its ascendency.
In 1855, this new party, by an extraordinary local vote,
elected Mr. Randall to the assembly. Once in a position
where his remarkable talents had room for display, he
speedily acquired such predominant power as a wise and
sagacious leader, that in the end opened for him a career of
pubHc life which no other of our citizens has ever achieved.
The attempt to enforce the fugitive slave law in Wisconsin
set political forces in motion which no one could have fore
seen; but the plan of this work forbids anything more
than general allusion to them.
In 1855, Mr. Randall was made a candidate for the
office of attorney general by the republican state conven
tion, but he faUed of an election by a smaU majority, from
local division. He was then appointed judge of the Mil
waukee circuit court to fiU out an unexpired term, a posi
tion in which he won the approbation of aU parties, and to
which he would have been elected the next spring had

136 HON. ALEXANDER W. RANDALL.
there not been an enormous political majority, and a popu
lar candidate arrayed against him.
In 1857, he was nominated and elected governor of the
state, and so acceptably and well discharged the duties of
this elevated position, that in 1859, ^^^ years later, he was
again elected by a largely increased majority.
During both executive terms, he plainly forecasted that
civil war was approaching, and in conversations with con
fidential friends, often alluded to its certainty in a manner
that became almost prophetic in the events that speedily
foUowed. So strong were his convictions on the subject,
that he would have had the state prepared for the emer
gency, and had his advice been heeded in time, Wisconsin
would have been far better prepared when the tempest
finally broke in AprU, 1861. He had long watched the
shadow of the dark penumbra as it gathered intensity ; had
a better appreciation of the force with which it would fall;
and saw more clearly the ending than probably any other
citizen. But the masses were utterly skeptical, the legis
latures disposed to temporize, and when the storm first
broke, an almost forgotten militia law stood as the sole rep
resentative of the military power of the state.
The spring of 1861 opened a new era in American his
tory, and imposed upon the executives of states duties to
which they were all unaccustomed, and of a magnitude
and importance such as had never before been known.
To the masses, the transition from peace to war was sud
den and unexpected. The country could scarce believe
that a dreadful conflict was impending. It took many
months, and dire disasters, before the full magnitude of the
struggle began to be reaHzed in its full extent. But, from
the opening gun fired on Fort Sumter, there was neither
hesitancy nor pause. The druta-beat that woke its littie
garrison to arms, pealed over a continent, and aroused an
excitement and enthusiasm without a parallel. So pressing
was the danger that Governor Randall took the respon-

HON. ALEXANDER W. RANDALL. 1 37
sibility, without law or the formality of a presidential
application, to caU the second regiment into existence,
and to use pubHc funds in advance of lawful appropriation,
trusting to a patriotism that did not fail, to sanction his
action. The executive office, from a quiet and peaceful
retreat, was suddenly changed into a focus and headquar
ters of miHtary activity. The whole people, as if by simul
taneous impulse, rose in arms, and from the prairies, the
openings and the pine forests, streamed forth the long files
of manhood, so soon to take their places upon distant battle
fields. How fortunate for the state that it had at its head
an official so willing and capable to discharge every solemn
and urgent duty demanded by the time. As an adminis
trative officer. Governor Randall probably had no supe
rior. As an organizer, he had wondrous talent. That in
the haste, he committed errors, may be freely conceded.
But, as a whole, his success was a marvel. As regiment
after regiment was equipped, and moved on, who among
us at the time but recalls with pride the glowing compli
ments that were paid the state from all sides for the hero
ism of its citizen soldiery, their neat appearance, and rapid
progress in military education? Nor were they less dis
tinguished for bravery. Their blood sprinkled every
battle field of the war. They wrote a record in our his
tory in deeds that are imperishable. But behind all, and
even more important, was the genius that had organized
the impulse, and put the force in motion. Important as
had been his duties in peace, he must ever stand upon our
historic annals as the great war governor of Wisconsin.
He originated; others followed, — weU and wisely, — in
the path he had mapped out, for which they are justly
entitled to commendation. But his was the master mind
that put its impress indelibly upon all that came after, and
is entitled to the credit so justly his due.
At the close of his term, January i, 1862, Gov. Ran
dall had a strong desire for service in the army, the state

138 HON. ALEXANDER W. RANDALL.
having under his efforts furnished nearly 25,000 men. On
visiting Washington, however. President Lincoln induced
him to change his purpose, and as a token of appreciation
of his labors, appointed him minister to Rome. He soon
after went abroad to fulfill the duties of his mission, which
at that critical time were delicate and important. But
amidst the conflict of arms at home, Hfe abroad had no
charms for him. He could not endure, as he expressed it
to the writer, the sense of banishment, when every arm
was needed to strike a blow for the country. He resigned
in 1863, and on his return again sought a miHtary position.
The president, however, who had a correct appreciation
of his high civil and administrative abilities, again dis
suaded him, appointing him to the position of assistant
postmaster general, the duties of which he filled until 1865,
when President Johnson promoted him to the head of the
department as postmaster general. He thus became a
cabinet officer, from which he retired only at the close of
the presidential term. He then resumed the practice of
the law, locating at Elmira, New York, in which he con
tinued to the date of his decease, August 26, 1872. His
death created a profound impression of grief all over the
country, but nowhere was it so sincerely and deeply la
mented as in Wisconsin, where he was so widely and per-
sonaUy well known and universally beloved.
Gov. Randall, during his career, had many rivals, but
it is doubtful if he ever had an enemy. The greatness and
nobiHty of his nature placed him far above the average of
public men. He harbored ill will to no one. Enmity and
hate had no place in his bosom. His unselfish love of aU,
made him the friend of all. To say that he was not per
fect, would be to say that he was not human. But his
goodness of heart and generous qualities were in such ex
cess as to dwarf all others. He was a true friend, a kind
neighbor, a strictly honest and upright official, and in its
highest sense, a true gentleman and worthy man.

HON. ALEXANDER W. RANDALL. 1 39
The personal characteristics of Gov. Randall were
peculiar and striking. He had a fine sense of humor and
wit, and his propensity for mirth was almost resistless.
But it was always tempered with a kindness that disarmed
opposition and left no sting. His vivacity, indeed, was
often mistaken for levity by those who had but little ac
quaintance with him. He possessed a wonderful faculty
of adaptation, and easily adjusted himself to any company —
jolly with the mirthful, grave where gravity was most
befitting. We have known him to address a Sunday
school in one hour, a crowd of noisy men in the next, and
out-talk a committee of strong-minded women immediately
thereafter — each in so apt a manner as to call down uni
versal approbation. In each of such cases he said neither
too little nor too much, made no mistakes, and illustrated
his remarks in a manner to surprise his more intimate
friends. Under all his humorous sayings, he never for a
moment lost sight of the point he desired to make, but
strengthened it by his illustrations, fixing an indelible im
pression upon the hearer, who, however disappointed in
what he sought, never failed to testify to the kindness of
his treatment and his appreciation of the courtesy of his
reception. To strangers he often seemed idle and careless,
with abundant leisure, without care, and one who gave but
slight attention to the business in hand to do. In office
hours, no matter how great the pressure, or how numerous
the caUers, he received all with a frank and genuine heart
iness, and yet carried on his work in the midst of a flow
of pleasantries that seemed to have no Hmit, and as if he
had given no time to preHminary examination. This was
a marked feature of his more visible life. Back of aU,
however, was something very different, for which he never
received due credit. He was, in fact, as aU who had inti
mate acquaintance can attest, a great, diHgent and tireless
worker. From about four o'clock in the morning until
business hours began, and not unfrequently after the close

140 HON. ALEXANDER "W. RANDALL.
until late at night, the private room of Gov. Randall
would have disclosed a very different personage. Had
any one then looked in, he would have found him seated
at a table, often with- a bushel or more of letters before
him, each of which he personally examined, mastered the
contents almost at a glance, minuted the reply to be made,
or referred it to a secretary for that purpose. Ali official
papers of all kinds were subjected to a most rigid exami
nation, especially contracts or other public obligations.
Every thing was orderly, methodical and in place. The
solid work of the day was disposed of before the mass of
men liad waked from their sleep. This preliminary work
was an invariable habit. Nothing was omitted, and noth
ing forgotten. Office hours to him were a season of relax
ation and not of labor. Any One who had personal
schemes to subserve, and hoped to escape too close an
examination in the belief that time had not been given to
his proposals, was sure to find himself mistaken. He was
dealing with one rarely duped or deceived.
Gov. Randall was not alone a well-read lawyer, but
very much more. His education covered a wide range,
both in history and literature. His logic was keen and in
cisive. He possessed in perfection the rare faculty of gen
eralization — of reaching the principle and its proper ap
plication, no matter however deeply buried in verbiage. He
was by no means a blind follower of precedent, but held
that the present has rights and equities of its own. His
conclusions followed rapidly from the premises, as if by in
tuition, and were rarely found erroneous, whether upon the
bench or in administrative service. Add tQ this that he
was honest and conscientious to an extreme, and if he erred
it was the fruit of haste, impulse or passion. Generous to
a fault, he lacked the faculty of acquisition, and was liter
ally without selfishness. Almost reckless of his own
means, in public life he was rigidly economical and exact,
and even the tongue of slander never ventured to connect

HON. ALEXANDER W. RANDALL. I4I
his name with a swindling claim or fraui^ upon the public
funds. Nor did any inducement ever make him swerve
from the plain path of duty and honor. In this world's
goods he was always poor. His generous instincts forbade
the accumulation of private fortune, and he often suffered
from lack of means. Yet, with miUions at command in
official life, his hands were never stained by personal gain.
He held such trusts to be sacred — their wrongful diversion
or use a crime, and no one ever guarded them with more
sleepless vigilance. In an age of constant and bold public
corruption such a record speaks for itself, and needs no
commendation. Both as a speaker and writer Gov. Randall excelled.
His published speeches are brief, direct, and to the point,
without rhetorical display or a waste of words to atone for
an absence of ideas. His messages and other public com
munications evince the same plain coftimon-sense plan.
They are admirably drawn, statesmanlike in scope and
purpose, direct, and the case always fairly presented.
Above the mere politician, he cherished no resentments,
and never made use of position to traduce his opponents.
In a most difficult period, he steered safely between con
flicting obstacles, conciliated by kindness and attention, and
converted opponents into warm supporters, thereby fiUing
the measure of public usefulness, and leaving behind a
memory that will always be grateful to those who knew
and appreciated his labors, perplexities, and the difficulties
to be encountered. Nor should it be forgotten that his
eulogists are among the greatest and best of the public
men of the nation. Such as President Lincoln, Seward,
Greeley, and a host of others, have both by acts and ex
pression paid much higher compHments to his merits and
worth than has been possible in this hurried and imperfect
production.

142 HONS. AARON RANKIN  GEORGE REED.
HON. AARON RANKIN.
Aaron Rankin was born in the state of New York in
1812, and was by profession a farmer. In 1846, he was
elected a member of the Constitutional Convention from
Fort Atkinson, Jefferson county, and served in that body on
the committee on executive of the state. Of his after
career the committee have no information. He was noted
among his associates as a sound, practical legislator, and
worthy and respected citizen. He is reported as Hving,
but his place of residence has not been ascertained.
HON. GEORGE REED.
George Reed belongs to a prominent family in Wis
consin. His brothers, Orson, Harrison and Curtis,
were early settlers in the territory, and have been long
connected with it^affairs in various public capacities. Two
sisters were also early settlers in the territory — the one
was the wife of the late Judge A. D. Smith, and the other
is the wife of Hon. Alexander Mitchell. GeoRGE
Reed was a native of Massachusetts, and was born in
1810. Of his early life we have no record. At an early
day, he settled in the county of Waukesha, from which
county he was elected to the territorial legislature in 1847,
in which body he seirved tUl the state government was
organized. In 1846, Mr. Reed was elected as one of the representa
tives from the county of Waukesha, to the first Constitu
tional Convention, and in that body served as chairman of
the committee on the executive of the state. He took an
active part in the proceedings of the convention, and was
an able and useful member of it.
In a few years after state government was organized,
Mr. Reed removed to Manitowoc, and represented that
county in the state senate, in the years 1866, 1867, 1868,
1869, and 1870. Soon after the close of his service in the

HON. PATRICK ROGAN.

143

senate, he took a leading interest in the construction of the
Wisconsin Central Railroad, that connects Lake Superior
with Milwaukee. He was the president of this railway
company for several years, and labored with mufeh energy
and abiHty to raise the means with which to build the road,
and met with a large measure of success in the enterprise.
He engaged the attention of Boston capitalists to the im
portance of the work, and they took hold of it with a wiU ;
put in their means, and the road was completed to Ashland
on Lake Superior at a rapid rate. It was an immense
undertaking, as a large portion of the route was through a
wUderness of heavy timbered land, uninhabited. As fast
as the road was completed, people settled on the line, tiU
now there are several respectable villages located upon it,
and the country is rapidly fiUing up. While Mr. Reed
was a leading- man in this enterprise in its origin, and for
years afterwards, owing to some trouble unknown to the
writer, he did not remain connected with it till the line was
finished; but he is entitled to much credit for his early
labors in promoting a work that must prove of incalcula
ble benefit to the state.
In aU positions in Hfe, Mr. Reed has shown abUity of a
high order; and has done much for the promotion of the
interests of his adopted state. He still resides at Manito
woc, and at the ripe age of three score years and ten, is in
the enjoyment of reasonably good health and spirits.
HON. PATRICK ROGAN.
Patrick Rogan is a native of Ireland, born in 181 2,
and at the time of his election from Watertown, Jefferson
county, to the first Constitutional Convention in 1846, gave
his occupation as that of postmaster. He served in that
body on the committee on internal improvements, and
although not greatly gifted as a speaker, was justly ranked
as possessing one of the strong minds of the assemblage.
He was a pioneer settler in Jefterson county, among the '

144 H°^- EDWARD G. RYAN.
first to aid in subduing its immense forests, where he located
at what became known as Johnson's MUls (now Water-
town), and from the beginning bore an honorable and active
part in aU that related to the development and welfare of
the country. In 1851, he was elected a member of assem
bly, and re-elected in each of the years 1853, 1855, 1862,
and 1866, since which he has generally remained in private
life. His career in Wisconsin has been long, and in every
sense useful, and no one ever enjoyed more universal
respect and esteem among all classes of persons. Having
lived out a period covering the whole annals of the state,
his old age is gladdened by troops of friends, and the hearty.
good wishes of every one.
HON. EDWARD G. RYAN.
Edward G. Ryan was born at New Castle House, in
the county of Meath, Ireland, November 13, 1810, the son
of Edward Ryan, Esq., of New Castle House, and
Abby, his wife, daughter of John Keogh, Esq., of Mount
Jerome, near DubHn. He was reared in the fuU sight of
wealth, but being the second son, inherited no share of it.
He was educated at Clongone's Wood Cottage, where he
completed his course in 1827. He commenced the study
of the law in his native country, but before completing it,
he came to the Unhed States in 1830, and resumed the
studies in New York, supporting himself, meanwhUe, by
giving lessons in private schools. He was admitted to the
bar in 1836, and located in Chicago in the faU of the same
year, where he practiced his profession tiU 1842. During
his residence in Chicago, he was editor of a paper, which
we beHeve was the commencement of the present Tribune.
In 1842, he located at Racine, in this state, where he
remained till 1848, when he removed to the city of
MUwaukee. Mr. Ryan was prosecuting attorney in the Chicago cir
cuit in 1840 and 1841; v/as a member of the Constitutional

HON. EDWARD G. RYAN. 1 45
Convention in Wisconsin in 1846, representing the county
of Racine. In this body he was one of the most conspicu
ous members, both in committee work and in the debates
on the floor of the convention. He was the chairman of
the committee on banks and banking, second on the com
mittee on the judiciary; and also a member of the com
mittee on education.
Mr. Ryan held the position of city attorney in MUwaukee
during the years 1870, 1871 and 1872. In June, 1874,
Chief Justice Dixon having resigned his position on the
bench, Mr. Ryan was appointed, by Gov. Taylor, as
chief justice of the supreme court of the state, to fill the
vacancy, and he has since been elected to the high position
by the people, without opposition. He is a man of vast
legal learning, and a writer of masterly ability. His
decisions, in point of literary style and legal research, will
rank among the first in this country. He is an orator of
great power, and many of his efforts equal those of the
foremost men in the country. He was engaged in the
prosecution of the impeachment trial against Hon. Levi
Hubbell before the state senate, in 1853, and his great
argument in that case ranks with the first efforts of the
kind on record. He was engaged as counsel in the great
gubernatorial contest between Bashford and Barstow in
1856, on the part of the relator, and, in this case, as in aU
others in which he has been engaged, he exhibited ability
and legal research of the highest order; and his arguments
were able, forcible and effective. The case was one of ex
treme importance, as fixing a precedent, and Mr. Ryan
managed it with consummate skill and energy.
In person, Mr. Ryan is five feet ten inches in height,
weighs about one hundred and eighty pounds, neither of
robust nor delicate frame, but muscular, sinewy and capa
ble of much long and continued labor. His movements
are quick and his step elastic. His complexion is florid, his
hair light, his eyes blue, large and expressive. The late
ID

146 HON. EDWARD G. RYAN.
Col. Wm. B. Slaughter, in the Wisconsin Biographical
Dictionary, delineated the character of Judge Ryan, thus:
"He may not possess the highest order of intuitive
genius; he may never have been able to write 'PUgrim's
Progress,' nor ' Paradise Lost,' nor ' Hamlet.' Whatever
of inteUectual exceUence he possesses arises from the deep
earnestness of his moral nature, which leads to concen
trated thought, and'to that discipHne of his mental faculties
to which he has subjected them through long years of
laborious study — labor necesse est excellenticB. No truly
great man was ever flattered by flattery, and Mr. Ryan
has no trait of character more positive than his instinctive
aversion to the language of panegyric as applied to him
self. No person ever praised him generously without
risking his contempt. With a profound reverence for
abiHty in others, endowed with a clear perception of the
just claims of real merit, but abhorring the arts which
secure a meretricious reputation, he owes his position at
the bar and on the bench to none of those adventitious
circumstances which usually attend public promotion. But
Mr. Ryan, as a whole, is remarkable for no single pecuH-
arity, but rather for a combination of peculiarities. His
mind is an aggregation of superior powers, harmonious
and yet diverse. He is a ready and impressive orator, and
yet a writer of remarkable accuracy and beauty of diction.
His prepared lectures are finished models of literary com
position, but scarcely less so are his addresses extempo
raneously spoken. At the bar, in the lecture room, and on
the bench, his speech is always affluent, expressive and
precise; while he never hesitates for a phrase, no phrase
escapes him which is not of striking import, by reason of
the compactness and grace of its structure. In logical
strength, and in that mental power of quick and searching
discrimination which is the highest manifestation of a
purely inteUectual ability, he is without a superior. In the
rhetoric of invective, in the recitation of prosaic fact, or in

HON. EDWARD G. RYAN. I47
the analysis of dry details and in rapid, terse and impress
ive argument, he possesses a power of apparently exhaust-
less resources. In the ordinary practice of his profession,
no flaw of the law, no perversion of the truth, no weakness
of the judge, escapes his observation, or evades discovery
and exposure. With mental faculties thus comprehensive,
disciplined and critical, is combined a physical tempera
ment naturally sensitive, which inspires every mental act
with electrical energy. Thus constituted, no question,
whether of law or politics, is subject to his investigation
which is not illuminated by the light of his genius, or
solved in the fire of his criticism. Tetigit nihil non ornavit.
It has been said that quaHties like those which distinguish
Mr. Ryan rarely comport with the conservative character
of the judge ; that he is better fitted for the contests at the
bar than for the deliberations of the councU chamber.
This would be true of many men of equal or greater ce
lebrity, but of less varied and comprehensive genius. It
might have been partially true of Mr. Ryan before the
softening influences of mature age had endued him with
that intellectual calmness which best befits and adorns
the exercise of strictly judicial duties. But it cannot be
truly said of any man, that, simply because of his great
abiHty in all departments of mental labor to which he has
been called, he is unfitted for the particular department to
which fortune or his ov^nn convictions of duty may sum
mon him. Julius C^sar was the most distinguished
warrior of his age. He was an orator of so high an order
that many thought him the rival of Cicero. He was one
of the wisest of the senators. He conversed with the magi
of the east concerning the sources of the NUe and the
mountains of the moon. He was the best historian of his
day, and his ' Commentaries ' is the text book of our day.
He was withal a passionate lover. No man was ever
great without strong passions. They are the winds that
drive the vessel ahead. This deUneation of Mr. Ryan's

148 HONS. LYMAN H. SEAVER^ A. HYATT SMITH. '
character would be imperfect, and a gross injustice to
truth w^ould be done, were I to omit to mention another
prominent and most Creditable characteristic of the man;
a quality which has been the guardian of his j^outh, the
crown of his manhood, and the consolation of his mature
years. I refer to his profound reverence for the Deity,
and that spirit of humility and devotion to religious duty
which have ever characterized the lives of the truly great.
' " In view of Mr. Ryan's forensic efforts at the bar, the
briUiant flashes of his genius and the pitiless sarcasm of his
wit; in view of his luminous opinions as a judge, in which
he reasons with the force of logic and the certainty of
demonstration; in view of his varied learning and classic
taste, as exhibited in his lectures, and in view of the purity
of his personal character, he may say, with as much truth
as any man can, Exegi mommientum cere ferennius^''
HON. LYMAN H. SEAVER.
Lyman H. Seaver was born in the state of New York,
in the year 1808, and was a farmer by profession. He was
elected to the first Constitutional Convention from Darien,
Walworth county, and served in that body on the com
mittee on schedule for the organization of state govern
ment. While taking no special part in debate, he took
quite a prominent part in the proceedings, and his services
were in aU respects creditable and useful. His after career
is unknown to us. HON. A. HYATT SMITH.
A. Hyatt Smith was born in New York city, Feb
ruary 5, 1814; and is the son of Maurice and May
(Reynolds) Smith, natives of Westchester county. New
York. His ancestors took prominent part in the revor
lutionary war. The Smiths were from England, two
brothers having arrived in Boston in 1650. His father, who
was a merchant in New York, died on the 22d of Feb-

HON. A. HYATT SMITH.

149

ruary, 1828, when the subject of this sketch was thirteen
years of age. James Smith became the guardian of A.
Hyatt, and at once decided that he should become a
lawyer, and for seven years he pursued the study of law
in the office of his guardian, and at the same time carried
on his general studies in a private academy of Boreland
and Forest, then one of the best classical schools in the
city; and completed his education at Mount Pleasant Sem
inary. Mr. Smith was admitted to practice in the" city
courts in 1835, and to the supreme court in 1836. He
received a large practice in the city, but owing to impaired
health, he concluded to remove west; and on the 22d of
November, 1842, located at Janesville in this state, which
place has ever since been his residence. For many years,
Mr. Smith was prominently engaged in the improvement
of the water power at Janesville, and, in 1846, erected the
largest flouring miU then in the west. In 1846, Mr. Smith
was elected to the first Constitutional Convention, and took
a prominent position in that body. He was chairman of
the committee on the eminent domain and property of the
state, and was also chairman of a select committee on the
division of the state into legislative districts. Mr. Smith
was active in favor of the ratification of the constitution
presented to the people by that body, and made more than
sixty speeches in its favor.
Previous to his coming to Wisconsin, Mr. Smith was
appointed, by Governor Marcy, in 1836, commissioner of
deeds in New York city. In 1847, he was appointed, by
Governor Dodge, attorney general of the territory, a posi
tion he held till Wisconsin was admitted as one of the
states in the Union. In 1848, he was appointed, by Presi
dent Polk, United States attorney, a position he held tiU
the accession of President Taylor the next year. He
was, in 1853, elected the first mayor of Janesville, and was
again elected to the same office in 1857. In 1851, he came
within two votes of being nominated for governor of the .

I5P HON. GEORGE B. SMITH.
State in the democratic convention, and came equaUy near
the nomination for the same office in 1853. He was sev
eral years a regent of the state university. In 1866, he
was appointed, by President Johnson, assessor of internal
revenue, and held the office till the foUowing spring. He
has been largely engaged in many pubHc enterprises, de
voting much time in past years to promoting the building
of various railroads.
Ori the 4th of April, 1838, Mr. Smith was married in
New York city to Miss Ann Margaret Cooper Kelly,
a native of Philadelphia, and daughter of Phillip Kelly.
They have had eight children — four sons and four
daughters. In politics, Mr. Smith is a democrat. He '
cast his first vote for Martin Van Buren in 1836. He
was a candidate for congress in 1848, and was defeated
by Hon. Orsamus Cole. His career in Wisconsin has
been a prominent one, and he has done the state good
service. HON. GEORGE B. SMITH.
George B. Smith was born at Parma Corners, Monroe
county, New York, May 22, 1823. His father, Reuben
Smith, was a native of Rhode Island. His mother's
maiden name was Betsy Page. She died when the sub
ject of this sketch was but ten weeks old. Both father and
mother possessed much strength of character, and the
father fiUed many places of honor and trust, discharging
faithfully every duty. In 1825, the family removed to
Cleveland, Ohjo, and in 1827, took up their residence in
Medina, Ohio. It was in this place that our subject re
ceived a few years of schooling, and entered upon the
study of the profession of law, with H. W. Floyd, Esq.,
of Medina. In about a year thereafter, he entered the
office of Messrs. Andrews, Foot & Hoyt, of Cleveland,
where he pursued his studies with great diligence for about
a year. Being a young man possessing much self-reHance —
a characteristic that never left him in after life — his mind

HON. GEORGE B. SMITH. I5I
naturally turned to the great west, which was then attract
ing attention in all parts of the country, and, with his father,
came to Wisconsin, locating first at Kenosha (then South-
port), and there pursued his studies in the office of the late
Hon. O. S. Head. He was admitted to practice at the
bar of the United States court, Hon. A. G. Miller pre
siding, on the fourth of July, 1843. Spending a short time
in Kenosha after his admission, he returned to Ohio, and
united himself in marriage with Miss Eugenia Weed, of
Medina. Then, with resolute courage, he again turned
westward, and, in the faU of 1845, located in Madison, the
capital of Wisconsin. It was here that he literally fulfiUed
the GiiEELEY advice of growing up with the country.
Wisconsb then contained but a small population ; Madison
was a village of three or four hundred souls. The young
attorney at once took a leading position in his new home;
and, rapid as was the growth of the west, he kept pace
with it, and in aU after-Hfe, kept in the front rank of its
citizens. He at once entered upon the practice of his
chosen profession — and one which he dearly loved — in
the several courts of the then territory, and continued a
prominent member of the Wisconsin bar, to the time of his
death. In January, 1846, Mr. Smith was appointed district attor
ney for Dane county, and for six years held this important
position, giving to the discharge of its duties rare abilit}'^,
close attention and thought, and a fidelity to the trust
reposed in him that is seldom bestowed in professional life.
He was prompt and efficient in the discharge of every duty,
and rendered the county and state very valuable service.
He soon became marked as a young man of more than
ordinary ability. This was shown in his being selected by
his fellow citizens, when he was less than twenty-four years
of age, to represent them in the Constitutional Convention
that assembled in Madison in October, 1846. He was the
youngest man, in years, there was in that very distinguished

152 HON. GEORGE B. SMITH.
body of able men ; a body generally conceded to have conf
tained the largest amount of talent of any that ever assem
bled in the state. Young as was Mr. Smith, he was able
to sustain himself with great credit in contests with these
briUiant minds, and was acknowledged to have been one
of the most active members of that convention. He was
chairman of the committee on a biU of rights, a member of
the committee on the organization and functions of the
judiciary, and performed much labor on other committees.
He favored liberal exemption laws, and to him, perhaps
more than to any other man, are the people indebted for the
liberal lav/s that now exist on that subject. He urged with
great vigor, that the provision be engrafted into the con
stitution, and the instrument produced by that convention
contained advanced views on this subject. The principles
were so advanced, and carried out so much in detail, that/
this feature was strongly objected to in the discussions of
the constitution before the people, and afforded one of the
strongest reasons for its rejection ; not so much on account
of the principle involved, as in the details. It was deemed
best to simply declare a principle in the organic law, and
leave the details to the legislature. But Mr. Smith was'
soon gratified, after the state was admitted into the Union,
by seeing the principles of a liberal homestead exemption,
for which he had battled so manfully in the first Constitu
tional Convention, become a part of the statute law of the
state; and it stiU remains so. The constitution then pre
sented was rejected by the people, after an excited contest,
on account of a few of its provisions that were deemed too
radical for the time. But its main features were adopted
in the second convention, which met the next year, and
now form the organic law of the state.
In the fall of 1853, Mr. Smith was elected attorney
general of the state, and served for a term of two years
and declined a re-election. During this term there were
many exciting questions before the people, and party spirit

HON. GEORGE B. SMITH. I53
;ran high. Mr. Smith took bold ground in favor of his
party, and was censured for some of his acts; but, as a
whole, he discharged the duties of the position with emi
nent ability and to the fuU satisfaction of his own party,
and, in most acts, to the satisfaction of his opponents.
Mr. Smith served as mayor of the city of Madison, in
the years 1858, 1859, i860 and 1878, and always acted as
,he deemed for the best interests of the city. In the years
1864 and 1869, he represented the capital district in the
^assembly, and was deemed one of the ablest men in those
bodies, both as a worker on committees and as a debater
on the floor of the house. He occupied the position of
party leader on all political questions. His ability and ex
perience fully entitled him to that distinction. The inter-
,ests of his constituents never suffered in his hands.
In 1864, and again in 1872, Mr. Smith was the demo
cratic candidate for congress in his district. In both in
stances he canvassed the district with much ability and
thoroughness, but met with defeat on both occasions, not
on account of his own unpopularity, but from the fact that
his party was in the minority. In 1869, he received the
democratic vote for United States senator, in opposition to
Hon. Matt. H. Carpenter, the successful candidate.
He was a candidate for presidential elector in 1868 and
in 1872. In the latter campaign, he took an active part in
favor of the election of Horace Greeley to the presidency.
He represented his state twice in national conventions of his
party. At St. Louis, in 1876, he made a speech, deemed the
greatest political effort of his life, which gave him much
national reputation, and would doubtless have been fol
lowed with distinguished preferment had the candidates
there nominated been successful before the people. It has
been supposed that had Mr. Hendricks declined the
nomination for the second place on the ticket, Mr. Smith
would have received the high honor of fiUing the vacancy
on, the ticket. The only other public position of promi-

154 ^°^" GEORGE B. smith.
nence that Mr. Smith has occupied was, in 1876, when he
was designated as one of the distinguished visitors to
Louisiana, to supervise the canvass of the vote of that
state for presidential electors.
Having been an early pioneer to the state, and a con
spicuous member of the first Constitutional Convention,
Mr. Smith naturally took a deep interest in the affairs of
the Old Settlers' Club, and in the meetings of the surviv
ing- members of the two Constitutional Conventions.- In
July, 1879, he delivered an address before these two or
ganizations in Madison; a duty he performed faithfully and
ably, not only giving the history of these conventions, but
furnishing also a very interesting and valuable sketch of
the early history of Wisconsin. It could hardly have
occurred to him and to those who heard him upOn that in
teresting occasion, that he was so soon to be called away
from the fellowship of his old associates of the conventions
of the eariier days. But he contemplated the time when
their voices should aU be hushed, and when the places
which had known them on earth should know them no
more forever. Prophetic of such a time, he closed his
address with the foUowing finely conceived paragraph,
which, now that he is gone, wiU have a touching and
mournful interest to his surviving friends. He said:
"I hope these meetings may be continued from year to year; that they
may increase in interest as the members entitled to be here diminish.
Each recurring meeting, I am sure, will in many respects be sadder and
sadder for those who come, until finally, when the last of this noble
band of pioneer patriots and public benefactors, enfeebled by age, shall
come with trembling steps, and with conflicting feelings of pleasure
and pain — pain that he sees no more the noble forms and familiar faces
of those who helped him to lay the foundation of this grand common
wealth; pleasure at the joyful greeting he will be sure to receive from-
the grateful people he so faithfully served; when this time comes, as it
surely will come, I bespeak for this survivor, whoever he may be, a
reception and a welcome that shall forever make that day memorable in
the history of Wisconsin."
Littie did those who heard this address think that the

HON. GEORGE B. SMITH. 1 55
speaker, the youngest member of either convention, and a
man of apparent robust health, would be among the very
first to pass over the river.
Mr. Smith has not occupied the high positions in public
life which his talents would have commanded, had his
party been in the majority. He had the ability and
acquirements to make his mark in any position. This has
been shown in his practice at the bar, which has been very
extensive, and where he has maintained a high standing,
ranking among the ablest lawyers in the northwest. As
an orator, as an advocate, and as a poHtical speaker, he
has had few superiors in the country. He had a fine
presence, a splendid voice, a forcible manner of speaking,
that rendered his oratorical efforts fascinating and effective.
His private life was without spot or blemish. He had
been a great reader of the general literature of the day,
and his mind was richly stored with its treasures. Socially
he was one of the most engaging and entertaining of men ;
instructive in conversation, quick at repartee, bright and
witty, pleasant in manners, he endeared hirnself to all who
met him in the social circle.
As a poHtician, Mr. Smith belonged to the democratic
party; he was positive in his opinions, and bold and un
compromising in advocating them. As a strong partisan,
he was always armed, ready to defend his own party and
attack the opposition. Few men in the state performed
more effective work for his party. His labors upon the
stump were great, and acceptable to his friends. Mr.
Smith was unusually free from maUce in his make up.
He would strike hard blows to his poHtical opponents, and
receive the same, without disturbing personal friendship.
He was courageous, quick to resent and repel insult and
injury, free and prompt to forgive, and ready to meet his
adversary half way in the settlement of any difficulty.
On the 29th of August, 1844, Mr. Smith was married
to Miss Eugenia Weed, of Medina, Ohio, an estimable

156 HON. GEORGE B. SMITH.
lady, worthy of him, and one to whom he was devotedly
attached in all the relations of life. They were blessed
with the birth of five chUdren, two of whom, James S. and
Anna, now Mrs. Robert J. McConnell, survive, and the
other three preceded the father to the grave, and it is hoped
they are now joined with him in the life of the blessed.
As a citizen, Mr. Smith was generous, and labored
earnestly and zealously for the development of the mate- '
rial interests of his own beautiful city, the state of his adop
tion, and of the whole country.
In the matter of accumulating a fortune, Mr. Smith was
not a grieat success. He was too generous to lay up
money. Pie could earn it, but the saving of it was not to
his mind. He felt that money was good only for its uses;
for the happiness it might procure ; and, for the comfort of
his family, he would freely expend it. In the estimation of
some, he was in error in this respect; but all must admit,
if error at all, it was error in the direction of generosity,
humanity and kindness — free from all selfishness. His
great object in life was to render happy his family and his
friends ; to act well the part of a citizen and a neighbor.
In this, he has succeeded in a marked degree. While he
has not acquired wealth, in the common acceptation of the
term, he has secured that which is vastly more valuable —
a life of home happiness.
Mr. Smith stood pre-eminent in his chosen profession.
For many years he was the leader of the Dane county bar,
and the senior in the years of practice. In the state, most
qf the associates of his early years, in practice before the
several courts, preceded him to the grave. In brief remarks
by Hon. Harlow S. Orton, one of the early friends of
Mr. Smith, delivered at a mtfeting of the Dane county bar
association, on the 7th of November, 1879, he made refer
ence to the prominent men in practice at the bar of the
supreme court at the time he first met Mr. Smith, in these
•words :

HON. GEORGE B. SMITH. 157
" There were then in attendance upon the supreme court,
Gen. William R. Smith, Albert Smith, A. D. Smith,
Judge Dunn, Samuel Crawford, James H. Knowlton,
Alexander Botkin, David Noggle, James Holliday,
James S. Brown, J'ames B. Cross, D. A. J. Upham,
H. N. Wells, Jonathan E. Arnold, Gen. Paine, Isaac
P. Walker and Judge Chandler, and on the bench of
the court. Judges Whiton, Stowe, Hubbell and Knowl
ton, all of them long since sleeping v\'ith the dead; and
amongst them are all the members of the first separate
court; and to this grand array of great lawyers and able
men, now in another and a better world, our deceased
brother has been added, a fit associate of such high society."
In his family relations, Mr. Smith was pecuHarly happy,
and it was at his home where his real character shone out
most brightly. As a son, he was dutiful, affectionate and
considerate; as a husband, father and grandfather, he was
kind, loving, patient and tender, and doted with the strong
est affection upon his wife, his children, and his grandchil
dren. It is in these sacred relations of life that the true
and noble character of the real man is shown ; and herein
Mr. Smith stood pre-eminent, and beautifully illustrated
the truth of the words of the poet, in the fines :
" Domestic happiness, thou only bliss
Of Paradise, that hast survived the Fall !
Thou art the muse of Virtue ; in thine arms
She smiles appearing, as in truth she is,
Heaven-born, and destined to the skies again."
Mr. Smith was an able, interested and valued member
of the State Historical Society, and loved to spend his leis
ure hours in looking over the rare treasures in its library.
He was ever ready to defend and promote the interests of
the society.
Mr. Smith was truly a western man. He loved the
state of his adoption, and never faUed to defend her inter
ests in aU places with that force and eloquence with which

I5B HON. JOHN YATES SMITH.
nature had endowed him. His oratory was western — bold,
aggressive and strong. His rhetoric may have been faulty
at times, showing a want of a Hberal education, but it never
lacked clearness and force. His style of speaking was
natural. His words flowed easily, and his gesticulation
was impressive. Force was a leadin^haracteristic in his
speaking, and as he warmed up in his subject, he was often
times lofty and truly eloquent. As an effective poHtical
speaker, Mr. Smith had few superiors in the west. He
was apt in illustrating his speeches with pointed anecdotes
culled from his extensive general reading. Being gfener-
ally well informed on most of the current topics of the
day, Mr. Smith was prepared to be called upon for re
marks on almost any subject at short notice. He rarely
failed to meet the high expectations of his friends, in his.
speaking, whether he was specially prepared or not. In
this respect, he was a remarkably useful man in com
munity. Nature had endowed him with a form of
manly dignity and a face presenting remarkable suavity
and benevolence.
" Death found strange beauty on that polished brow, and dashed it out."
George B. Smith is now at rest. He died on the
morning of September 18, 1879, in the 56th year of his
age. HON. JOHN YATES SMITH.
John Yates Smith was born near Evans' MiUs, town
of Le Roy, Jefferson county. New York, February 10,
1807. His father, Peter Smith, was born in Ireland —
probably the northern part, and came to this country as a
soldier in Burgoyne's army, during the war of the revolu
tion. His mother, Polly Petit, was a niece of Ethan
Allen. They settled in western New York at an early
period, and endured every privation and hardship incident
to pioneer settlement. By the death of the parents the
family soon became widely scattered, so that complete de-

HON. JOHN YATES SMITH. 1 59
taUs of the after career of the members cannot now be
obtained. The . subject of this sketch, after many privations,
secured the advantages of a Hmited common school edu
cation, but may properly be pronounced self-educated.
He was by trade a carpenter and miU-wright; afterwards
a farmer and editor. He emigrated to the west and set-
tied at Green Bay, May i8, 1828, after a trip by schooner
upon the lakes of one month from Buffalo. He was
speedily employed, and built the first flouring mill and
second frame house in what is now Wisconsin. In 1835,
he located a "float" — i. e., entered 80 acres of land — in
what is now the city of Milwaukee. The sudden rise in
value, which seemed to promise speedy fortune, was dis
sipated by the revulsion of 1837, when he sold out at a
large sacrifice, and purchased a farm in Waukesha county,
which after a few years' trial he disposed of, and removed
to Madison, where his abUities as a writer and editor gave
him great prominence. He was elected commissioner of
public buUdings in 1842, by the legislature, and superintend
ent of public property in 1843, 1844 and 1845, in which
capacity and under his superintendence the old capitol was
finaUy completed and rendered fit for use.
He was three times married, first to Anna Weed Kel
logg, a teacher in the mission school at Green Bay, Sep
tember 27, 1832. She died in Madison, March 3, 1847.
He then married Harriet Wright, July 5, 1847. She
died September 7, 1851. March 18, 1852, he married
Sarah Ann Warner, who stiU survives.
He was elected a member of the Constitutional Conven
tion in 1846, and served in that body on the committee on
schedule for the organization of the state government, as
weU as on numerous select committees, and took a very
important, though quiet part, in framing the several articles
of the proposed constitution.
But it was as a writer and editor that Mr. Smith was

l6o HON. JOHN YATES SMITH.
chiefly distinguished. His mental training was clear, dis
criminating and severely logical. A great reader and
cautious thinker, he -had acquired a wealth of information
ready at command on all occasions ; but his specialty was
the science of political economy, and metaphysical inquiry
in aU its branches, including constitutional law. In his day,
it is doubtful if he had a peer in the west his equal in the
discussion of the most profound problems of government,
and his services in this particular were in request during
the war of the rebellion, as an aid and guide to national
legislation. Wisconsin was singularly fortunate at the
period immediately preceding state organization, in having
a press whose editors were capable of discussing funda
mental principles divested of party prejudices, and of lead
ing and creating, instead of following blindly the immature
suggestions of merely partisan leaders. To their forecast,
sagacity and far-seeing penetration, the state owes aU the
best features of a constitution which for a period exceeding
thirty years has undergone less changes than probably any
other in the west. Moreover, its public men, representing
the diverse ideas of the time, were in the highest sense cul
tured and great. To have ranked as an equal among
these, was no ordinary honor.
Mr. Smith terminated his connection with the press in
1851; resuming it again, for a .short time only, some years
later; but his writings for the principal reviews and pub-
Hcations of other kinds designed for greater permanence,
were continued to the close of his life. His labors have
left an enduring memorial of the times in which he lived.
Few did as much, and none more than he to buUd the new-
state on the solid foundations of right, justice and equality.
He died May 5, 1874, ^^ his residence in the town of
Madison. Of the more important of the writings of John Y
Smith, the following are noted:
I. A series of articles on the Power of Congress over

HON. JOHN YATES SMITH. l6l
the Territories ; written before the admission of Wisconsin
to the Union, to combat the erroneous idea of territorial
rights, which had almost plunged the territory of Michigan
into rebeUion. These articles are understood to have had
much influence in placing Wisconsin in a proper attitude
before the federal government.
2. Two elaborate papers against Usury Laws, pubHshed
in the Democratic Review, in 1850.
3. A paper on the Agriculture of Dane County, pub
Hshed in the transactions of the State Agricultural Society
of Wisconsin, 185 1.
4. A paper on the Adaptation of Crops to Soil and
Climate, published in the same work for 1852.
5. An address before the Madison Institute, 1855, on the
Rank of the Human Race among the Rational Orders of
the Universe.
6. A series of articles against taxing evidences for debt,
written about 1856.
7. A paper on the Origin of the American Indians, read
as the annual address before the State Historical Society,
January, 1859, pubHshed in volume IV of the society's
collections. 8. A speech delivered at Madison, March 14, 1861, on
the state of the country. This was the first vigorous war
speech made in the state.
9. A series of articles published in the Argus, in 1861,
advocating the doctrine, that states by revolting lapsed into
the territorial condition. These articles were written be
fore Senator Sumner advanced the same doctrine in his
felo de se resolutions. Subsequently, he prepared a lengthy
article on this subject, which attracted the attention of
Hon. Amasa j. Walker and Hon. Charles Sumner, and
other poHtical economists and statesmen of the country.
10. A pamphlet on the Depreciation of the Currency,
pubHshed in 1865.
II. A review of Senator Doolittle's speech at Madi-
II

1 62 HONS. SEW ALL SMITH  WILLIAM R. SMITH.
son, September 30, 1865, on Reconstruction, published in
that year.
12!^ A paper on Eleazer Williams and the Lost
Prince, read before the State Historical Society, March 10,
1870, and published in volume VI of the coUections of the
society — an exhaustive article on a subject which had a
few years before excited so much discussion, and settling
the question beyond all doubt.
13. A paper read before the Wisconsin Academy of
Arts and Sciences, February 15, 1870, on the Laws which
Govern the Configuration of Comets.
14. A paper also read before the Wisconsin ,Academy
of Arts and Sciences, in 1874, o" ^^^ Effect of Duties on
Imports upon the Value of Gold.
HON. SEWALL SMITH.
Sewall Smith was a native of the state of Vermont,
born in 1802, and was by profession a farmer. He was an
early settler in East Troy, Walworth county, from which
he was elected to the first Constitutional Convention in
1846, in which body he served on the committee on banks
and banking. He was a gentleman of fair abilities, well
cultured, and much esteemed by his associates. At latest
dates he was still living, at a ripe old age.
HON. WILLIAM R. SMITH.
General Smith was born in La Trappe, Montgomery
county, Pennsylvania, August 31, 1787. His ancestry on
his father's side was Scotch; on his mother's, Swedish.
He was carefully educated in youth, under the care of his
grandfather, provost of the college, now university, of
Pennsylvania. His father was William Moore Smith,
an eminent lawyer and poet. In 1803, he visited England
on business, taking his son William R. with him, where
he commenced the study of the law, which he ever after
foUowed as a profession, although much .of his time for

HON. WILLIAM R. SMITH. 1 63
several years was devoted to Hterary writing and poetry
for the principal newspapers and reviews of that period.
He married in 1809, and settled at Huntingdon, on the
Juniata river, following his profession for a period of over
twenty years, during which time, however, he was repeat
edly elected a member of the legislature, was presidential
elector in 1836, besides holding various military appoint
ments from the rank of lieutenant to that of major-general.
In 1837, he was appointed commissioner, in connection
with Gov. Henry Dod^e, of Wisconsin, to negotiate a
treaty with the Chippewa Indians, convened at Fort Snell-
ing, which resulted in the purchase of a large part of the
territory now embraced in the state of Minnesota. In 1838,
he removed with his family to Mineral Point, Wisconsin,
where he made his home during the remainder of his life.
In 1839, he was appointed adjutant general of the territory.
In 1846, he was elected clerk of the councU of the territory,
and the same year, a member of the Constitutional Con
vention. He served in this body as chairman of the com
mittee on mUitia, and as a member of the committee on the
organization and functions of the judiciary, and took a
prominent part in aU proceedings. After the organization
of the state, he was elected chief clerk of the senate in
1849 and 1850. In 1855, he was elected attorney general
of the state.
During a long career, he filled many offices of honor and
usefulness of minor kind; — an enumeration is not deemed
necessary. In whatever position placed he took a promi
nent and useful part, and was noted for brUliant abilities,
laborious research, and conscientious convictions. In 1853,
he was employed by the state, and prepared its history
from the earUest French discovery to the territorial organ
ization in 1836. He died August 22, 1868, whUe on a visit
to Quincy, IlHnois.

164 HONS. SOPER ^STEELE — STOCKWELL.
HON. EVANDER M. SOPER.
Evander M. Soper was a native of Vermont, born in
1810, and by occupation a mechanic. He was elected a
member of the first Constitutional Convention from Mani
towoc county, and served in that body on the committee
on banks and banking, but otherwise took no prominent
part in the proceedings. He was a gentleman of sterling
integrity and worth. He is reported as having died several
years ago. HON. ELIJAH STEELE.
Elijah Steele was a native of the state of New York,
born in Watervliet, New York, November 13, 1817. He
married Lucia A. Hart, and resided for a time in Os
wego. He settled in Southport (Kenosha) among the
pioneers, and was a lawyer by profession. He was elected
to the Constitutional Convention in 1846, from Racine
county, and served on the committee on the revision and
adjustment of the articles of the constitution adopted by
the convention, and was a very useful but not prominent
member. After the adjournment and a few years later, he
removed to California, and has been a member of the legis
lature of that state. He was living when last heard from,
but little has been obtained in regard to his personal
record since the time of the convention.
HON. THOMAS S. STOCKWELL.
The place of nativity and date of birth of Mr. Stock-
well are not recorded in the public records, through
some oversight in their preparation. He was elected to
the Constitutional Convention from Racine county in 1846,
but his name does not appear on any of the standing com
mittees, and he took no important part in the proceedings.
He is remembered as a worthy gentleman, of honest and
sincere purposes, who discharged every duty of his posi
tion with conscientious fidelity. Of his after career the

HON. MARSHALL MASON STRONG. 165
committee have no record. At latest advices, he stiU fives
in the town of Salem, but much enfeebled by age and
infirmities. HON. MARSHALL MASON STRONG.
The career of Mr. Strong in Wisconsin is so insepara
bly interwoven with the history, rise and progress of both
territory and state that, it is not possible to separate them
in a biographical sketch designed to record the public ser
vices of distinguished citizens in pioneer times. He de
scended from an ancestry conspicuous for abiHty and
prominence from near the beginning of the annals of
American colonization, — a grand race that has written its
record on public affairs for a period of about two and a
half centuries. The genealogy of the family furnished the
comlnittee is as follows:
Elder John Strong was born and lived in Taunton,
Somersetshire county, England. He was a son of Rich
ard Strong. He emigrated to America in 1630, settling
in Dorchester, Massachusetts. He married his second
wife, Abigail Ford, at this place in 1635. Soon after, he
removed to Windsor, Connecticut, and assisted actively in
colonizing the new town with new arrivals from the old
country. In 1660, he removed to Northampton, Massa
chusetts, and died there in 1669, at the age of ninety-four
years. He was the father and founder of the Strong
family in this country, and the first ruHng elder of the
church in Northampton.
Samuel Strong, a son of Elder John Strong, was
born August 5, 1652; settled as a farmer in Northampton,
and died there October 29, 1732, at the age of eighty.
Nehemiah Strong, a son of Samuel, above named,
was born in 1694; removed to Amherst, Massachusetts,
about 1741, and died there February 28, 1772, aged sev
enty-eight years. He was the father of Professor Nehe
miah Strong, of Yale coUege.
Judge Simeon Strong, son of Nehemiah, was born

1 66 HON. MARSHALL MASON STRONG.
March 6, 1735; graduated at Yale in 1756, and soon at
tained great eminence both as a preacher and lawyer. He
was chosen a representative in the general court in 1767,
state senator in 1793, and a justice of the supreme judicial
court of Massachusetts in 1800, in which position he served
untU his death, December 14, 1805, at the age of sixty-nine
years. Hezekiah Wright Strong, son of Judge Strong,
above named, was born December 24, 1768; graduated at
Yale in 1800; a lawyer by profession, in which he achieved
marked distinction. He died at Troy, New York, Octo
ber 7, 1848, at the age of seventy-nine years.
Marshall Mason Strong, the subject of this sketch,
son of Hezekiah W. Strong, was born September 3,
1813. He received a thorough collegiate and legal educa
tion, and was by profession a lawyer. May 27, 1840, he
married Amanda Hawks, of Troy, New York. January
27, 1846, during the absence of her husband at Madison,
as a member of the territorial council, she, with her two
children, were burned to death in a fire that, breaking out
in the night time, destroyed both family and home. Sep
tember 19, 1850, he married for a second wife Emelie M.
Ullmann, of Racine. He died March 9, 1864, at the age
of fifty years.
Mr. Strong was a native of Amherst, Massachusetts,
where he spent his early years at the academy and col
lege of that place, but finished his coUegiate course, and
graduated at Union CoUege, Schenectady, New York.
He then engaged in the study of law, at the city of Troy,
in that state, and was there admitted to the bar.
In June, 1836, he came to Wisconsin, then almost an
unsettied country. In 1839, he was elected a member of
the territorial councU, and was one of a comrtiittee of three
from that body to revise the laws of the territory, in which
capacity he faithfully performed his duties. From that
time forward his reputation was established in the front

HON. MARSHALL MASON STRONG. 1 67
rank of his profession throughout the territory. In 1844,
he was again elected to the territorial council, for the years
1844-5, and again re-elected for the years 1846-7, where
he continued to perform his duties with untiring industry
until an appaUng calamity, in 1846, called him for a season
from his labors to mourn in silence and soHtude the entire
loss by fire of a much loved and interesting family. As
time restores the deeply afflicted to themselves, to society,
and to the business of the world, his usual cheerfulness
returned to him, and he to his professional labors.
He was elected a member of the Constitutional Con
vention in 1846, serving in that body as chairman of the
committee on constitution and organization of the legisla
ture; and also was a member of the committee on the
organization and officers of counties and towns, and their
powers and duties. He took a very prominent part in all
the labors and debates of the convention; but, in the end,
so widely differed from the majority that he resigned be
fore the close of the session, and was very active in his
efforts to defeat the constitution when submitted to popular
vote, — indeed, may be said to have been the chief cause
of its final rejection at the polls.
In 1849, he was again elected to the state legislature,
took an important part in the revision of the statutes of
the state, and then permanently retired from the political
strife so necessarily connected with public Hfe, and which
was uncongenial to his thoughtful, quiet and domestic na
ture. In 1850, he again married, and the domestic happi
ness enjoyed by him and his interesting family was rarely
equaled. He left a wife and three chUdren to mourn, in
common with the whole community, their and the public's
irreparable loss.
While his strict sense of justice prompted him on all
occasions to be exact in the financial affairs of his clients,
and in no way reckless or extravagant in his own, 3'-et he
had less love of money for its own sake than most men of

1 68 HON. MARSHALL MASON STRONG.
the present day, as his liberal use of it for the good of
others wiU bear witness. His general reading, aside from
his profession, was extensive and varied. His love of litera
ture and science prompted him to spend time and money
for the estabUshment of Racine College, and the erection
of the college buUdings, being always forward in such
public or private enterprises as the public good seemed to
require. He was a man of strong will and great firmness
of purpose, yet seeking less his own advantage than what
he conceived to be for the public good.
During the terrible struggle of the rebelHon in which
our country was involved, he was an unconditional sup
porter of the government, using his means, employing his
pen, and lifting his voice, while strength lasted, to aid the
cause which all true patriots are anxious to see triumphant.
As a pubHc speaker, he had a happy faculty of stating his
views clearly, in pure and concise language ; his reasoning,
though not characterized by any labored attempts at orna
ment, was forcible and convincing, and never, even in the
heat of debate, did he allow passion to influence or control
him. In his intercourse with his fellow men, he was courteous
and gentlemanly. Toward his professional brethren he
was unassuming, and ever ready to advise and assist the
younger portion, who placed unlimited confidence in his
judgment and rectitude. Dignity characterized his bearing
in court, as elsewhere, and his uprightness, fairness and
candor in trying causes, gave him as much influence with
the court and jury as a man ought to have ; but that influ
ence was ever used to promote justice, and never abused.
No person had just cause to complain that he ever endeav
ored to obtain an unfair advantage, and yet his sagacity
and watchfulness were an effectual guard and protection
to his cHents' interests. His exalted views of the nature
and duties of his profession were such that he despised the
tricks and chicanery resorted to by many, and always used

HON. MOSES M. strong. 1 69
his influence to effect a settiement of difficulties between
litigants, rather than add fuel to the flame. He had a quick
apprehension, retentive memory, a discernment remarkably
active, and reasoning faculties eminently vigorous. His
phUosophical mind, in originaHty and profundity of thought,
was equaled by few. Had he occasion to investigate any
subject, he was persevering in research, and thorough in
study. In conversation, uncommonly instructive. In pri
vate life, a genial companion — always tender and compas
sionate to the poor — always ready to relieve them — •
strictly temperate in his habits, and entirely free from the
vices into which mortals but too often are led. In short,
truth, justice and gentleness, than which nothing can be
more sacred and pure, mingled in his every act, and char
acterized the man. He closed his labors and his life among
us, retaining the love of his immediate friends, and the
respect and confidence of aU who knew him.
HON. MOSES M. STRONG.
MosES McCuRE Strong is a descendant from Puritan
stock, long settled in America. His paternal ancestor,
Elder John Strong, emigrated to New England, and set
tled at Dorchester, Massachusetts, in 1629, and died at
Northampton, to which place he had removed, at the age
of 94 years. His grandfather was Hon. John Strong, born
August 5, 1738, who settled at Addison, Vermont, opposite
Crown Point, New York, several years before the war
of the revolution, in the mUitary events of which he took
a distinguished part. His father, Moses Strong, born
July 6, 1772, was a distinguished lawyer and judge, resid
ing at Rutland, Vermont, where he died in 1842. He was
married December 20, 1801, to Lucy Maria Smith,
daughter of Dan Smith, of West Haven, Vermont, who
was a descendant of John Cotton Smith and Cotton
Mather. Moses M. Strong was born in Rutland, Vermont, May

170 HON. MOSES M. STRONG.
20, 1810. After five years spent in vUlage, and three in
county grammar school at Casdeton, he studied three
years in Middlebury College, and one in Dartmouth,
where he graduated in 1829. July 31, 1832, he married
Caroline Frances Green, daughter of Dr. Isaac
Green, of Windsor, Vermont.
The pubHc career of Mr. Strong has been so long and
prominent in the west, that we should do injustice not to
record its most striking features in fuU, for which purpose
we extract Hberally from a sketch written by Col. William
B. Slaughter, already made public through the news
paper press.
Mr. Strong received his earliest educational instruction
from his mother. After eight years spent in primary
schools, he entered the freshmen class of Middlebury Col
lege, Vermont. Three years after, he joined the senior
class of Dartmouth College, where he graduated in 1829.
Having graduated, he entered the law office of Rodney
C. RoYCE, and at the expiration of one year, hj^entered
the law school at Litchfield, Connecticut, where he re
mained one year, when, after a thorough examination in
open court, by the judges and members of the bar, he was
admitted to practice in aU the courts of Connecticut. In
1833, he received the appointment of deputy surveyor gen
eral of the state of Vermont. In 1835, when the Demo
cratic and Whig parties were being organized for the
approaching presidential election, although Mr. Strong's
father and numerous relatives were aU Whigs, yet the
leading measures of Jackson's administration met his ap
proval, and he cut loose from his poHtical associations, and
supported Mr. Van Buren for the presidency. In 1836,
while at Washington City, he was engaged by Governor
Hubbard, and others, to invest large sums of money in
government lands, and, under their directions, he went di
rectly to Mineral Point, in Wisconsin, and invested the funds
intrusted to him. Upon his arrival, he opened a law and

HON. MOSES M. STRONG. I7I
land agency office, and has made that place his home ever
since. In 1837, Mr. Strong received an appointment from
General Lytle for surveying government lands on the
west side of the Mississippi river, in what is now Jackson
and Dubuque counties. In 1838, he was appointed United
States attorney for the territory of Wisconsin, which office
he held three years, discharging its duties with punctuality
and abilit}'', and acquiring high professional distinction. In
1841, Mr. Strong was elected a member of the legislative
councU, to fill a vacancy, and in 1842, was re-elected for
the full term of four years, in which he took a prominent
and active part on all questions brought before it, and was
twice elected as its president. He was elected as one of
the delegates to the Constitutional Convention, which as
sembled in Madison in 1846, and was one of the most
prominent and conspicuous members in that body.
He was chairman of the committee on suffrage and elect
ive franchise, a member of the committee on the constitu
tion and organization of the legislature, president fro tem.,
and served in so many capacities on special committees and
routine business, that a bare enumeration would be tedious.
Throughout aU the proceedings his work is visible. He
' was a leader among the master minds who put an indelli-
ble impress on the organic law of the present state in aU
its most distinguishing and Hberal features.
Owing to causes that the present generation would
scarcely understand, the proposed constitution failed of rat
ification by a majority, when submitted for approval. An
other convention was chosen in 1847, whose chief work
was one of revision and amendment. It completed its
labors on the ist of February, 1848, and the constitution
was finally adopted in March. In November, 1849, Mr.
Strong was elected to the assembly, and, at the meeting
of the legislature, in 1850, was chosen speaker. The ses
sion lasted thirty-four days, being the shortest ever held in
the state, mainly due to the promptness and abiHty of the

172 HON. MOSES M. STRONG.
speaker. In 1856, he was again elected a member of
the assembly from Milwaukee.
In 1852, he devoted much of his time in aiding the con
struction of the La Crosse and Milwaukee Railroad, and,
afterwards, in constructing the Mineral Point Railroad.
He drew up the charter of the La Crosse Railroad,
and its adoption was due chiefly to his efforts. He was
elected its first president, and continued in its manage
ment until the financial disaster of 1857. He was also
president of the Mineral Point Railroad which he mate
rially benefited by successful arrangements with the IlHnois
Central and Galena and Chicago RaUroads. Mr. Strong
spent six years in promoting the success of these enter
prises, which withdrew him from his profession of the law,
and it required years of laborious effort to regain what he
had lost.
Nature endowed Mr. Strong with rare gifts, among
them a vigorous physical constitution, an intellectual ability
of a high order, logical, discriminating and comprehensive.
He is an able debater, a close reasoner, an impressive, and
occasionally an eloquent speaker. He has acquired an
enviable reputation at the bar, and in the legislative coun
cils, in which bodies, as a parliamentarian and presiding
officer, he has had no superior in the state. But his knowl
edge of the principles of law, his calm deliberation, his logi
cal power and analytical acumen, would better fit him for
the bench than the bar. There is no public position, how
ever, that he could not fill with credit and usefulness. He is
the very embodiment of mental and physical force, — and
has ever been a natural leader among men from the necesr
sities of his organization — a position always conceded from
the beginning of his career. Few, indeed, have real
ized as wide and varied an experience in pioneer life.
None are more deserving of popular favor and trust, or
would confer greater honor upon the state.

HONS. PATRICK TOLAND  JOSIAH TOPPING. 1 73
HON. PATRICK TOLAND.
Patrick Toland was a pioneer settler in Washington
county, residing at Toland's Prairie. He was born in i8ot,
and was by profession a farmer. He was elected to the
Constitutional Convention in 1846, aad served on the com
mittee on finance, taxation and public debt. While not
very conspicuous 'as a member, he was highly respected
for pleasant demeanor, and strong native common sense.
He died several years ago, but the date is unknown.
HON. JOSIAH TOPPING.
The ancestors of Mr. Topping came from England.
His parents settled in Charleston, Montgomery county.
New York, in 1796, at which place Josiah Topping was
born, February 16, 1798. He received a common school
education, and became a farmer. He was married on the
29th of April, 1820, to Miss Polly Young, with whom
he lived fifty three years. She died July 2, 1873. -^or
some years the parties resided in Schoharie county, New
York. On the 3d of January, 1840, the family located in
Sharon, Walworth county, Wisconsin, at a point known as
Topping's Corners. Mr. Topping erected the first frame
house in the township, and the first town meeting was held
at his house. There were but six voters present. Messrs.
H. S. Young and J. H. Topping petitioned to have the
town named Sharon.
In 1846, Mr. Topping was elected as one of the repre
sentatives from the county of Walworth in the first Con
stitutional Convention. In that body, he served on the
committee on the militia. He was not a man of many
words, but occupied a respectable position in that body of
very able men.
Mr. Topping is still living (1880), being over eighty-three
years of age, and is a respected citizen of Walworth
county.

174 HO^. peter h. turner.
HON. peter H. turner.
Peter H. Turner was born in the town of German Flats,
Herkimer county. New York (the location is now called
lUion), on the 13th of April, 1813. His father was John
Turner, and the maiden name of his mother was Mary
Ellis. The ancestry of the family is recorded in unbroken
line from 1664, at which time it was already settled in
America. His education was common school. He resided
at several places in New York, employed as deputy clerk
of court, or in mercantile business until 1840, when he re
moved to the territory of Wisconsin, settling in the town of
Genesee, Waukesha county, arid engaged in farming. In
1842, he removed to what is now the town of Palmyra, Jef
ferson county, and followed the same pursuit. In the spring
of 1846, he embarked in mercantile business, following the
same until 1857, when he removed to Madison and engaged
in the foundry business. In 1871, he removed to Turner
county, Dakota territory, his present permanent residence.
He was married December 26, 1836, to Lydia Ann.
Smith, of Adams, Jefferson county. New York, who died
at Palmyra, Wisconsin, March 25, 1858, after which he was
again married to Sarah H. Smith, sister of his former wife.
Previous to his election as member of the Constitutional
Convention in 1846, Mr. Turner had held several minor
but important public positions. In that body he served
upon the committee on the schedule for the organiza
tion of state government. In 1848, he was elected to the
first legislature under the state organization, and in 1850, as
senator; was admitted to the bar in 1849; filled the office
of postmaster at Palmyra for about eight years, and sub
sequently, while a resident at Madison, was an alderman,
president of the common council, deputy clerk, treasurer,
county commissioner, etc.
It will be seen from this brief sketch that the career of
Mr. Turner has been a varied and wide one. He first

HON. JOHN. H. tweedy. 1 75
aided in making the organic law of the state and then, took
a leading part in its first legislatures in organizing its va
rious departments, giving them the form, and endowing
them with the vital force they have ever since retained.
In every position, pubHc or private, his career has been
without stain or reproach; his honesty and integrity ev'er
being far above either calumny or suspicion; his record in
aU senses having been honorable, useful, and worthy of
commemoration as an example to the future.
HON. JOHN H. tweedy.
John H. Tweedy was born in Danbury, Connecticut,
November 9, 1814. After a preHminary education, he
entered and graduated at Yale College, and adopted law
as a profession, in the practice of which he speedily
obtained high distinction. As a public man and prominent
citizen he has been widely known from the beginning of
territorial government. He located in Milwaukee in
October, 1836, and has ever since resided there. In 1841
and 1842, he was elected a member of the territorial council.
In 1846, he was elected to the Constitutional Convention
from Milwaukee county, serving in that body on the com
mittee on the constitution and organization of the legisla
ture, and also took a conspicuous part in the general
proceedings. In 1847, he was elected territorial delegate
to congress, being the last incumbent in that position.
After state organization he was the first whig candidate
for governor, but as the democratic party was then largely
in the majority, he was defeated by Nelson Dewey. In
1853, he served as a member of the assembly. Since that
time, Mr. Tweedy has retired from public life, and, unless
locally, has taken no special part in poHtical affairs.
During his whole career, Mr. Tweedy has been noted
for great and conspicuous abiHties, profound learning, ster
ling integrity and unselfish interest in aU enterprises for
the promotion of the general welfare. Naturally a student.

176 HON. DON A. J. UPHAM.
of retiring disposition and modest merit, he has usually
preferred quiet and retirement to publicity, and only exer
cised his great powers of oratory and persuasion, on
pressing and important occasions. Wisconsin has had no
worthier or more upright citizen.
HON. DON A. J. UPHAM.
The ancestral record of the family of Hon. Don Alonzo
Joshua Upham in America dates from about the year
1680, John Upham, founder of the family, immigrating
from the west of England, having settled in Maiden, near
Boston, Massachusetts, in that year. From thence the
descendants, in the lapse of years, located from time to time
in other colonies. Joshua Upham, his father, was born in
the valley of Connecticut river, upon a farm which had
been in the possession of the family for over a century, and
subsequently removed to Vermont, where the subject of
this sketch was born in Weathersfield, Windsor county.
May I, 1809.
As a preparatory to a legal profession, which he had
chosen, he was first placed in a high school at Chester,
Vermont, and subsequently in one of higher grade at
Meriden, New Hampshire, after which he entered the
sophomore class at Union CoUege, New York, and gradu
ated therefrom with the highest honors in 183 1. He was
soon after appointed assistant professor of mathematics in
Delaware - College, Delaware, and three years later he
entered as a law student in the office of Hon. James A.
Bayard, of Wilmington; was admitted to the bar in 1835,
and commenced law practice, in connection with editorial
labor. In 1837, he visited the west, and after a lengthy exam
ination of the new country, located in the village of Mil
waukee, Wisconsin territor}^, whose settlement had
commenced the previous year, and where he resided until
his death, July 19, 1877. He was married, October 20,

HON. DON A. J. UPHAM. 1 77
1836, to Elizabeth S. Jaques, of WUmington. The
family, consisting of the mother, two sons, — Maj. John J.
Upham, U. S. A., and Horace A. J. Upham, attorne3^-at-
law, — and three daughters, now Mrs. George H. Ray
mond, of Smyrna, Delaware; Mrs. H. B. Taylor, of
Chester, Pennsylvania ; and Miss S. M. J. Upham, of MU
waukee, all survive him.
The public career of Mr. Upham was marked by the
usual variety and vicissitudes of pioneer times. In 1833,
he served for a season as assistant editor of the Delaware
Gazette. In 1835, he was elected city attorney of Wilming
ton, and from 1834 ^'^ ^^37 was editor and proprietor of
the Gazette and Watchman, which connection continued
untU his removal to the west. In 1840-1, he was elected a
member of the territorial council of Wisconsin, in which
position he served for two years. In 1843, he was elected
prosecuting attorney for Milwaukee county, and in 1846
was elected a member of the first Constitutional Conven
tion, by which body he was chosen as its president. In
1849 and 1850, he was elected mayor of the city of Mil
waukee. In 185 1, he was nominated by the democratic
party as candidate for governor of the state, but was de
feated by a smaU majority. From 1857 to 1861, he was
United States district attorney for the district of Wiscon
sin. Owing to failing health, he retired from professional
life in 1863, and thereafter took no active part in public
affairs. Mr. Upham was, by inclination and habit, a student, — ¦
preferring the quiet of study and professional labor to a
pubHc career. His ambition was honorable, upright and
pure. He accepted official position from necessity rather
than choice, , neither seeking pubHc honors nor avoiding
them when voluntarily tendered by his feUow citizens. In
aU relations of Hfe, his highest aim was an honest and con
scientious discharge of duty. He was neither depressed
by defeat nor elevated by success, but kept the even tenor
12

178 HON. JAMES R. VINEYARD.
of his waj^, and was ever aUke esteemed by both friends
and political opponents. His record, in aU senses, was
worthy of the pioneer era of Wisconsin history.
HON. JAMES R. VINEYARD.
James R. Vineyard was born in Kentucky in 1804, from
whence he removed at an early date to the lead region of
Wisconsin, and adopted the occupation of a miner. His
after public career was in many respects unhappy, even if
briUiant and useful. In 1838, he was elected a member of
the territorial councU, in which he served until 1842. Most
unfortunately, on the nth of February of that year, in an
altercation with Hon. Charles C. P. Arndt, of Brown
county, which occurred in the hall of the house, he shot and
kUled his opponent. The melancholy event created wide
spread sensation and horror in most portions of the west,
but on trial he was acquitted by a jury. In 1846, he was
elected a member of the Constitutional Convention from
PlattevUle, Grant county. Not reaching the capital until
some days after the session had commenced, he was not ap
pointed upon any of the standing committees, and took no
important part in any of the proceedings. In 1849, he
was elected a member of the assembly, but the event that
clouded his life was a bar to special prominence. In 1850,
he moved to CaHfornia, and was elected to its state senate
for several terms, and also acted as Indian agent for sev
eral years. He died about 1872.
Mr. Vineyard possessed great energy and force of char
acter, was distinguished for his abilities, and ever enjoyed
great personal popularity at his home. An act done in a
moment of passion, not onlj' horrified the people of the
territory, but was ever after a source of keenest remorse
to himself. Under different and more favorable circum
stances, he might have become one of the most prominent
men in Wisconsin. His good qualities as a friend and citi
zen were generally and widely appreciated; but nothing

HONS. GARRETT VLIET  SALMOUS WAKELEY. 1 79
could efface the memory of his great offense. It still lingers
in the minds of all pioneer settlers.
HON. GARRETT VLIET.
Garrett Vliet was born in Independence, Sussex
county. New Jersey, January lo, 1790. He received a
good practical education, and was by profession a farmer.
In June, 1835, he immigrated to Wisconsin, locating upon
a farm which is now in the heart of the city of MUwaukee,
a few feet front having a greater market value than the
original price paid for the whole. In 1846, when elected a
member of the Constitutional Convention, for Milwaukee
county, he resided on his place, in a plain, substantial dwell
ing house, with barn and outbuildings, and surrounded by
a fine orchard. The part he took in the proceedings of
that body was not especially prominent. He was noted as
a gentleman of kind impulses, generous heart, ever dis
posed to benefit his friends, and to aid public enterprises,
and had none of the sordid, calculating selfishness and
grasping rapacity so characteristic of the present time.
Throughout his whole career he discharged every duty of
true manhood, public trust and patriotism in a manner
worthy of a pioneer settler, who ever held that merit, not
money,- made the man. He died August 5, 1877.
HON. SALMOUS WAKELEY.
Salmous Wakeley was born in New MUford, in Litch
field county, Connecticut, March 17, 1794. His ances
tors were of Welsh descent, and had been settied in New
England for some generations. Although not pubHcly dis
tinguished, they were characterized, generally, by physical
vigor and hardihood; by industry, practical good sense,
sagacity, and integrity.
At a very early age he was placed on a farm, and, untU
about nineteen years old, led a Hfe of hard and steady
labor on the stony and sterUe soU of his native state. He

l80 HON. SALMOUS WAKELEY.
was reared in the midst of the puritanical- influences which,
at that day, still fingered in the region. His descriptions,
in after years, of the country and its peculiarities, and the
poverty and forbidding qualities of its soil, were peculiarly
graphic and racy. Before attaining manhood, he also
learned the trade of shoemaking ; and, during most of his
life, was engaged in the manufacturing of boots and shoes,
or in farming; giving persistent and steady industry to
whatever he had in hand.
He entered life with a very limited education ; such only
as he had acquired by occasional attendance in winter, at
the common schools. But from his intelligence, and his
interest in practical affairs, he became a well read man, and
well informed citizen in matters of public concern. He
had, too, a rare power of defending his views by native
logic, and a comprehension which went to the " pith and
marrow " of the matter.
He emigrated to New York in early Hfe; and, in 1818,
he married Hannah Thompson, also a native of Litchfield
county. She was a collateral descendant of Jonathan
Edwards, of Connecticut; and was a woman of uncom
mon mental gifts, of most exemplary character, and domes
tic virtues.
He resided in New York, first in Cortland count}^ and
afterwards in Erie count}^, until the spring of 1836, when
he emigrated to Lorain county, Ohio, where he resided
untU 1843. To this time, he had mingled not much in
pubHc affairs, beyond being a somewhat prominent local
poHtician, and holding minor offices of trust. His life was
one of physical labor; and his time was given conscien
tiously to the care of his family, and provision for such
education of his children as was within his slender means.
In the spring of 1843, he removed to Whitewater, Wis
consin, where he resided until just previous to his death.
Whitewater, at that time, was a new viUage of about eight
hundred inhabitants; its enterprising people, the fertile

HON. SALMOUS WAKELEY. l8l
region surrounding it, and the railroad which came eight
years afterwards, have made it one of the pleasantest and
most prosperous inland towns of the state.
In 1846, opposing tickets were nominated by the demo
cratic and whig parties for delegates from Walworth
county to the Constitutional Convention. By general
consent, Mr. Wakeley was placed on the democratic
ticket, which was successful; his own majority being
nearly two hundred. Unfitted, or at least disinclined, from
want of previous training, to take a conspicuous part in the
proceedings of this body, in which he served on the com
mittee on a bill of rights, yet his sturdy good sense, excel
lent judgment and patent sincerity, made him one of its
safest and most trusted counselors, and secured for him
the high respect of its members.
Subsequently, he represented the Whitewater assembly
district in the sessions of 1855 and 1857, with credit, and to
the entire satisfaction of his constituency. He was for
several years chairman of the board of supervisors of
Whitewater, and, as such, an influential member of the
county board.
In private Hfe and in public life, so far as he had part
in it, he was a man of marked individuaUty and force of
character. In both he had decided convictions and gov
erning principles of conduct; and, in both, inflexible in
tegrity was always his guide. His standard of honesty
and honor was a high one ; and he exacted of his children
and of aU with whom he had influence, a rigid adherence
to it. Caring Httle for poHsh or conventional formaUties,
he was direct, sincere, simple and just in his Hfe and his
relations with others. A man of rugged character and
virtues,.be belonged to that class of men for having more
of which the world would be the better. Without classical
' cukure or erudition, he had great native sagacity, and an
innate gift of reasoning which seldom failed to carry him
to correct conclusions.

l82 HON. JOSHUA L. WHITE.
In politics, as upon other questions of general interest,
he had positive and pronounced views. In early and mid
dle life, he was an earnest and an active democrat. In the
campaign of 1828, he was one of only seven supporters of
Jackson in the town of his residence; and then, as in
1832, was one of the old hero's staunchest advocates. He
remained in this political fellowship until the free soil and
slavery questions developed the republican party, with
which he then united, and afterwards continued to act.
His children were three sons and two daughters ; two of
the former, Eleazer Wakeley, now of Nebraska, and
Charles T. Wakeley, of Madison, having been weU
known lawyers of this state.
On the i2th of January, 1867, he died of pneumonia, at
the residence of his son, E. Wakeley, in Madison. UntU
the time of this illness, being then nearly seventy-three
years of age, he had retained unusual mental clearness and
physical vigor. He died, as he had lived, with quiet for
titude. He was buried at Whitewater, by his neighbors
and friends, in the old ground where two of his children
had preceded him, and where his venerable widow has
since been borne. HON. JOSHUA L. WHITE.
Joshua L. White was a Virginian by birth, born in
1814, and was a merchant by occupation. He was elected
to the first Constitutional Convention from White Oak
Springs, Iowa county, and served on the committee on
finance, taxation and public debt. He was an affable and
courteous gentlemen, of fine culture, and was highly re
spected by all. Mr. White is now a prosperous farmer in
Winnebago county, IlHnois ; and lives on his farm, a short
distance below the city of Rockford.

HONS. N. E. WHITESIDES  V. M. WILLARD. 1 83
HON. NINEAN E. WHITESIDES.
NiNEAN E. Whitesides was a native of the state of
IlHnois, born in 1819, and was by occupation a miner. His
parents were among the earliest settiers in the west, and
the family acquired marked prominence in pioneer times.
In 1846, he was elected to the Constitutional Convention
from Belmont, Iowa county, and served in that body on
the committee on executive of the state. In 1847, he was
elected a member of the territorial council, which position
he held untU the state was organized in 1848. He was
then elected a member of the first state assembly, and A\'as
chosen speaker of that body. Soon after, he removed to
California, where he resided untU his death, which occurred
many years ago.
In personal characteristics, Mr. Whitesides was noted
for the possession of strong wiU, intense personal and men
tal activity, tireless energy, and abiHties of a high order.
He was genial and courteous by nature, humorous and
fun-loving from impulse and buoyant spirits, and took his
place naturally as a leader in whatever position or associa
tion he appeared, either political or social.
HON. victor M. willard.
Victor M. Willard was a native of the state of New
York, born in 1813, and was by profession a farmer. He was
elected from Racirie county to the Constitutional Conven
tion of 1846, and served in that body on the committee on
the act of congress for the admission of the state. Other
wise, he took no prominent part. He stood high among
his associates, as an estimable and cultivated gentleman, of
sterling merit and worth. Mr. WiUard was elected to the
first state senate from the county of Racine, and served
two years. In aU relations of Hfe he was valued as an
estimable gentleman. No full record of his subsequent
career has been obtained ; but it is understood he died sev
eral years ago.

184 HON. JOEL F. WILSON.
HON. JOEL F. WILSON.
Hon. Joel F. Wilson was the son of Erastus and
Theodocia Noble Wilson, of Hebron, Washington
county. New York; was born at Rupert, Bennington
county, Vermont, February 18, 1801. He received a com
mon school education, and became a miU-wright, foUowing
this business many years, and the latter years of his Hfe,
he was a farmer. He was married at Hebron, New York,
April 8, 1824, to Miss Electa Munson, daughter of Cap
tain John Munson, of the Revolutionary war. In 1844,
he settled at Waukesha (then Prairieville), and in the
spring of 1845, removed to Hartford, in Washington
county. He was elected, in 1846, to represent that county
in the first Constitutional Convention, and in that body
served on the committee on the act of congress for the
admission of the state. While performing no part of spe
cial distinction, he was justly regarded as a useful man and
was highly respected. He served in his county as chair
man of the board, and as a justice of the peace. He died
at Hartford, November 29, i860. A friend writes that he
was an expert workman at his trade, and made himself
very useful to the first settlers of his town in selecting their
homes, laying out roads, and in doing such work as is
necessary in settling up a new country.

BIOGRAPHICAL SKETCHES.

CONVENTION OF 1847-48.

BIOGRAPHICAL SKETCHES.
CONVENTION OF 1847-8.

HON. STUVIUEL WOTTON BEALL.
[Mr. Beall -was a member of both Constitutional Conventions. For
sketch, see page 43.] HON. JAMES BIGGS.
James Biggs was born in the northwest territory, but
the name of the place is not given. He was 48 years of
age when elected to the second Constitutional Convention,
from Farmers' Grove, Green county, and was by profession
a farmer. He took no important part in the proceedings of
that body, but nevertheless ranked among its most worthy
and intelligent members. He was a gentleman of fine
culture and first class abilities, well read, of large and
varied frontier experience, a sound adviser, and steadfast
friend. Ill health alone prevented his taking a conspicuous
position. Of his career after the adjournment, no record
has been received. He died many years ago.
HON. CHARLES BISHOP.
All efforts of the committee to ascertain the present
whereabouts of Mr. Bishop, if living, or of his relatives,
if deceased, having failed, they take the liberty of furnish
ing so much of information as is within the personal knowl
edge of one of its members. The father of Mr. Bishop
was a large land holder and resident of Huron county,
Ohio. In 1841, the son was a room and class-mate of the
writer in Western Reserve College, at Hudson, Ohio.
After a preHminary course of study, he entered Cambridge

l88 HON. GEORGE W. BROWNELL.
Law School, Massachusetts, and there graduated. In
1845, he located at DodgeviUe, Wisconsin, and tried min
ing on his own account, less for gain than to test the
accuracy of scientific theories as to the origin and repletign
of metalHc veins. Shortly after the adjournment of the
Constitutional Convention, he left the state.
He was elected a member, in 1847, from Iowa county,
and served as a member of the committee on banks,
banking and incorporations, as weU as upon several select
committees. Of peculiarly modest and retiring disposition
and habits, he took no very prominent part in the proceed
ings; and yet but few of his age more thoroughly appre
ciated the importance of the work in hand, or brought to
it more intelligent and thoughtful investigation, as the ripe
fruit of cultivation and study. Personally and socially,
among intimate acquaintances, he was in all senses genial
and companionable, a trusty friend, scrupulously honest,
and in all ways deserving. No more faithful servant ever
represented a constituency than Charles Bishop. His
brother miners, in electing him to office, correctly appre
ciated his sterling worth as a man and citizen.
HON. GEORGE W. BROWNELL.
Ex-Governor William R. Marshall, of St. Paul,
Minnesota, has kindly furnished us with the only details
we have been able to obtain of the Hfe and career of
George W. Brownell, who represented the St. Croix
district in the second Constitutional Convention. As the
sketch so fully indicates the usual course, if not the end, of
pioneer life in the west, we feel warranted in making Hb
eral use of the information furnished. He says:
" I first met Mr. Brownell in the Galena and Wiscon
sin lead mines in 1842, and came to this upper country
with him in 1847, and of course knew him intimately and
weU. He was in many respects a remarkable as weU as
good man, one of the best and truest I ever knew. He

HON. GEORGE W. BROWNELL. l8o
was, I think, a native of Onondaga county. New York,
and learned the trade of wagon and carriage maker in
Syracuse. He came west about 1834, ^^'^ passed some
years in St. Louis, and the Missouri lead mines. About
1840, he was connected with H. H. Houghton, in the
editing and publishing of the Galena Gazette. He had very
considerable scientific attainments as a geologist, mineralo
gist and chemist, and spent one or two winters in Cincin
nati, about this period, in the pursuit of scientific studies
and practical experiments — among other things, making
some discoveries in electricity, that attracted much atten
tion at the time, especially from Prof. Henry, of the
Smithsonian Institute. Almost too fond of scientific inves
tigation for a practical miner, he nevertheless led the way
to some of the most valuable mineral discoveries in the
Galena district, the chief profits of which were secured by
others. In 1846, he went to the copper region of Lake Superior,
in the interest of a Boston company, of which Caleb
Gushing, Rufus Choate and others were associates.
Subsequently he located some mining permits at the Falls
of St. Croix and on Kettle river. As these mining claims
conflicted with mill and lumbering claims, they led to a
consolidated company for both purposes, of which Robert
Rantoul, Jr., of Boston, was president. Mr. Brownell
was made agent of both the mining and land department
of this company, whose operations spread over several
years. But the financial outcome was not successful and
led to long and expensive Htigatlon afterwards, especially
with Mr. HuNGERFORD, of St. Louis, which, at the time,
attracted wide public attention, and ended in killing the
prospects of St. Croix Falls as a coming manufacturing
city. In 1847, Mr. Brownell was elected to the Constitu
tional Convention from the St. Croix district, at that time
embracing aU of Minnesota east of the Mississippi river.

190 HON. GEORGE W. BROWNELL. ,
and extending north from the Chippewa river to the 49th
parallel. His special labor in the convention was to secure
a boundary Hne for northwest Wisconsin along or near the
Chippewa river, crossing thence to Montreal river and
Lake Superior, which, had it been successful, would have
secured to Minnesota all the frontage which Wisconsin
now has on the lake, as well as the entire vaUey of the St.
Croix. This proposition he supported in a speech of very
marked abUity, and by a report of equal merit; but the
boundary Hne failed of approval. But Httle was known of
this section of the west at this period, by the mass of
members. He was by his location almost isolated from all
other districts. To even consent to the lake and river St.
Croix as a boundary, was at the time looked upon as far
too large a concession; and not a few of the convention
held steadfast to the conviction that, under the ordinance
of 1787, aU that was left of the northwest territory neces
sarily became a part of Wisconsin after the designated
number of other states had already been created. Un
doubtedly, the first constitution submitted was badly injured
in public estimation .by fixing the line fifteen miles east of
the most easterly point of Lake St. Croix, so that the sec
ond convention was disposed to claim too much rather
than too little. In the end, probably, as just a line was
agreed upon as could well have been selected. Had the
favorite purpose of the time been successful, and aU the
country east of Lake Itasca been included in Wisconsin, it
is now appreciated that the state would have been geo
graphically misshaped, while it would have been impossi
ble to have organized Minnesota in a form to meet the
necessities and convenience of its citizens. /
In 1847, Mr. Brownell was married to Mrs. Duncan,
a widow lady, resident in Galena, and in i85i,he removed
to that place, embarking in the grain trade along the river,
northward, for about ten years, a branch of business in
which he was almost a pioneer. In 1861, he experi-

HON. ALMERIN M. CARTER.

191

mented for a season in cotton planting, near Vicksburg,
Mississippi, but the enterprise was not successful. After
the war of the rebelHon, he made a trip to Colorado, and
made investments in mining property. While on a trip
out, in 1866, by the Smoky HiU route, the stage in which
he was riding was attacked by Indians. He and another
passenger aUghted, to resist the attack. He was armed
with a Henry rifle, and, if properly supported, would prob
ably have been saved; but most of the passengers re
mained in the coach, and the driver, getting scared, whipped
up his team, and left poor Brownell and his companion
to their fate. They were speedily overpowered and killed,
and their bodies, soon after recovered, were shockingly
mutUated. General Grant, who personally knew and highly es
teemed Mr. Brownell, issued appropriate and feeling
orders to the miHtary commander of the nearest fort —
Fort Wallace — to care for the remains, and they were for
warded to Ga]^na for burial. The career and leading
events in the western life of Mr. Brownell are so charac
teristic of pioneer times, that we have esteemed them
worthy of this somewhat lengthy record.
ALMERIN M. CARTER.
Almerin M. Carter was born in Litchfield county,
Connecticut, October 4, 1814, and was the son of Guy
and Sarepta (Marshall) Carter. The Carter fam
ily is of English descent, and settled in Litchfield county,
Connecticut, as early as 1660. Their descendants are
quite numerous, and are found in all parts of the country.
They were imbued with Puritanic principles, and were
generaUy Baptists and Presbyterians. The father of the
subject of this sketch removed to New York with his fam
ily in 1815, and settled in Oneida county, and engaged
extensively in agricultural pursuits. He was for many
' years one of the trustees of the Madison University, a

192 HON. ALMERIN M. CARTER.
Baptist institution of learning, located at Hamilton, Madi
son county. New York. Almerin was the eldest of the
familjr of three sons and two daughters. He received a
thorough academic education at Hamilton, after which he
determined upon farming as his occupation for life, and, in
1842, settled in Johnstown, Rock county, Wisconsin, where
he has ever since, resided. He has been a successful tUler of
the soil, and from its results has accumulated a competency
for life. Though not ambitious for official station, Mr.
Carter has been frequently chosen, by his fellow citizens,
to fill important positions, and he has always discharged
the duties imposed upon him with honor to himself and
with benefit to his people. He was one of the first com
missioners of Rock county. In 1847, he was elected as
one of the representatives of that county in the convention
that framed the constitution of the state. He was an in
dustrious, working member of that body, serving on a
committee of fifteen on general business of the convention,
of which the late Byron Kilbourn was ^chairman. The
energy of character, and the practical bearing of his mind, '
rendered Mr. Carter a valuable member of this commit
tee. On the floor of the convention, he was not a talking
member, but his votes always evinced soundness of judg
ment. In 1868, just twenty years after the adoption of the
constitution he had helped to frame, Mr. Carter was
elected to represent the people of his district in the assem
bly, and was made chairman of the committee on corpora
tions, a position he filled with entire satisfaction to his peo
ple. Since that time, he has decHned accepting any official
position, and devoted himself to the enjoyments and com
forts of his home in Johnstown, where he is highly re
spected as one of the oldest and best citizens of the town.
For many years, Mr. Carter was a member and secre
tary of a society for the suppression of horse steaUng, an
organization productive of much good in the state. He
is a member of the Johnstown Fire Insurance company;'

HON. SQUIRE S. CASE. 1 93
has passed through the chairs of the fraternity of Odd
Fellows; is a prominent granger; and in aU things, is
ardently attached to such works as promote truthfulness,
justice and goodness. In politics, he is a consistent repub
lican — being a whig previous to the organization of the
repubUcan party. He was one of the organizers of the
Congregational society in Johnstown, and has ever Hved
a quiet, unostentatious. Christian life.
Mr. Carter has been twice married. His first wife
was Miss Dolly A. Wadham, of Goshen, Connecticut,
to whom he was united in marriage September 26, 1836.
She died in 1847, leaving two children, Ellen and
Charles, who are now both comfortably located in life.
His second wife was Miss Sarah Wedge, of Warren, Con
necticut. By this marriage, there is one daughter, Fran
ces W., a young lady of rare accomplishments, being a
superior musician. HON. SQUIRE S. CASE. t
Squire S. Case was born at HiUsdale, Columbia county.
New York, September 27, 1801. In childhood, his parents
removed to Chautauqua county, then on the western bor
ders of civUization. In the settlement of a new country,
hard work and frugality were essential. The father at
once engaged in farming and lumbering, and the boy was
active in aiding in the work, and here laid the foundation
of the habits of industry that remained with him through
life, and were of essential service to him. At the age of
twenty-one our subject removed to Buffalo, and became
the proprietor of the "Farmers' Hotel" in that city, in
which he continued for eleven years. He then became a
contractor for the construction of pubHc works, and was
successful for many years; but finally lost most of his
property in 1842, by the suspension of work on the Erie
Canal, in whicli he was largely interested. During his
residence in Buffalo, Mr. Case served many years as a
13

194 ' HON. ALFRED L. CASTLEMAN.
member of the common council of that city. He also rep
resented Erie county in the legislatures of 1837 and 1842.
He served in the patriot war, under Gen. Scott, as a
colonel of the 208th regiment of the New York mUitia.
Like most persons of that day who had met with re
verses in the loss of property, in 1842, Mr. Case took up
his line of march for the then great west, and located on a
farm in Waukesha county, in Wisconsin territory, in what
is now the town of Merton. While a resident of this place,
in 1847, he was elected as one of the delegates to the Con
stitutional Convention that assembled in Madison on the
15th of December of that year. In this body, Mr. Case
was a careful, painstaking member; was a constant observer
of events, and sound in his judgment on matters that came
before that body. He was not a speech-maker, but an
excellent worker on committees. He was highly respected
by his fellow members.
In 1861, Mr. Case left his farm and settled in Waukesha
viUage, where he estabHshed himself in the construction of
railway cars, building the first ones used on the Milwaukee
and Prairie du Chien raUroad, at present a portion of the
Chicago, Milwaukee and St. Paul Company. He was
active in obtaining the right of way on the La Crosse
road, and, in 1857, took up his residence in Portage as
station agent on that road. He remained in active business
in Portage tiU 1868, when he removed to Mauston, and
being in advanced years, and his health being poor, he has
since refrained from active business or poHtics. He Hved
a respected citizen, and a sincere and zealous member of
the Episcopal Church. He was a man of sterling worth.
Mr. Case died at Mauston, March 30, 1878, in the
seventy-seventh year of his age.
HON. ALFRED L. CASTLEMAN.
Alfred L. Castleman was widely and favorably
known to the territory of Wisconsin, at an early period in

HONS. WARREN CHASE  ALBERT G. COLE. I95
its settlement. He was born in Kentucky, in 1807, and
by profession was a physician, in which he attained much
eminence. He settled in Milwaukee in 1835, and soon
after removed to Waukesha county. In 1847, he was
elected to the Constitutional Convention, in which he
served on the committee on banks, banking and incorpo
rations, and otherwise took quite an important part in the
general proceedings. After state organization, he served
for many years as a regent of the State University, during
which he was elected to a professorship, which, however,
he declined. During the great rebelHon, he served as sur
geon and physician to the fifth regiment, for several years,
and in this service he contracted a disease, from which he
never fully recovered. During the time Dr. Castleman
was in the war, he kept a diary, from the organization of
the army to the close of the campaign in Virginia, about
the first of January, 1863. In 1863, this diary was pub
lished in book form, under the title of " The Army of the
Potomac behind the Scenes." In this volume he expressed
very frankly his views of men and measures, showing
favor to no one. It affords spicy reading, and found a fair
sale. About 1873, he removed to California, in the hope
of finding reHef, and died at Oakland, August 22, 1877.
He was a gentleman of distinguished abilities, highly
cultivated, chivalrous, honorable, and of high and noble
purposes and aims. The duties of his profession ever
kept him from a pubHc career, which he would have
graced and ennobled. In his death, Wisconsin lost one of
its best and most loved citizens.
HON. W^ARREN CHASE.
[Warren Chase -was a member of both Constitutional Conventions.
For sketch, see page 61.] HON. ALBERT G. COLE.
Albert G. Cole was a native of Adams, Jefferson
county, New York. He received an academic education;

196 HON. ORSAMUS COLE.
Studied law, and was admitted to the bar in New York
city in 1840. He commenced practice in Mexico, New
York. He was married, October 14, 1840, to Harriet L.
Clark. In 1846, he came to Wisconsin, and located at
Burlington, Racine county; resided there till 1863, when
he removed to Kenosha, where he stiU lives.
Mr. Cole has served as justice of the peace for man}'
years. In 1847, he was elected from the county of Racine,
as a member of the second Constitutional Convention, and
in that body served on the committee on the judiciary. He
was not given much to talk in the convention, but when he
did speak, he confined himself to the subject under consid
eration, and was pointed and clear in his remarks. He is
a man of pure character, upright and honest in all things,
and highly respected by all who know him. His retiring
and modest habits have caused him to seek home life,
rather than to enter into the turmoils of official position to
any extent. HON. ORSAMUS COLE.
Orsamus Cole was born in Cazenovia, Madison county.
New York, August 23, 1819. His ancestors, on both
sides, were EngHsh; and both grandfathers served in the
colonial army.. His "father's name was Hymeneus Cole,
and his mother's name was Sarah Salisbury. He re
ceived a liberal education, graduating from Union College
in 1843. After a thorough preparation for the practice of
the law, he proceeded westward, and after spending a few
months in Chicago, located at Potosi, Grant county, in
1845, where for several years, in company with the late
William R. Biddlecome, he at once entered upon an ex
tensive and lucrative practice in his profession. In 1847,
he was elected as one of the representatives of Grant
county to the Constitutional Convention, in which body he
served with marked fidefity and ability. He was a mem
ber of the committee on executive, legislative and admin
istrative provisions, and was one of the most faithful and

HON. ORSAMUS COLE. I97
hard working members upon it. Mr. Cole was one of the
youngest members of the convention, and his proverbial
modesty caused him to shrink from taking a leading part
in the debates, for some time; but he soon took rank
among the ablest and clearest debaters in that body of able
men. His cautious habits made him a most valuable man
in forming the organic law of the state; and at the close
of the session, but few men stood higher in the estimation
of his fellows than did Orsamus Cole. He had taken
prominent part in the shaping of all the more important
articles of the constitution.
In the presidential campaign of 1848, when Zachary
Taylor was the whig candidate, opposed by Lewis Cass,
as the democratic candidate, and by Martin Van Buren
as the free soil candidate, Orsamus Cole was selected as
the standard bearer of the whig party, in the second con
gressional district. His opponents were A. Hyatt Smith,
democrat, and George W. Crabb, free soiler. The dis
trict then comprised the entire western half of the state ;
embracing a portion of the present first district, most of
the second, the whole of the third and seventh, and a large
portion of the eighth. After an exciting contest, in which
Mr. Cole thoroughly canvassed the district, the result
showed his triumphant election; and on the 4th of March,
1849, his term commenced as a member of the thirty-first
congress. In this body of men, Mr. Cole took a promi
nent part, upholding the principles of the whig party with
abUity and zeal. On the death of President Taylor, and
the succession of Mr. Fillmore, Mr. Cole remained true
to the anti-slavery wing of his party, opposing with much
vigor the passage of the/ compromise measures, embracing
the odious fugitive slave act. On retiring from congress in
1851, Mr. Cole entered vigorously upon the practice of
his profession in Potosi, then one of the active business
towns of southwestern Wisconsin. In 1853, Mr. Cole
was nominated as the whig candidate for attorney general;

198 HON. ORSAMUS COLE.
and on the consoHdation of the whig and free soil parties
in that year, upon a people's ticket, he was placed upon
this ticket for attorney general. The entire ticket was
defeated. In the winter of 1855, the repubUcan part}'- then
being fully organized, Orsamus Cole was selected by
that party as its candidate for associate justice of the
supreme court, in place of Samuel Crawford, whose
term was to expire in the following June. Judge Craw
ford was a candidate for re-election, and the contest was
an animated one, resulting in the election of Mr. Cole.
In the summer of 1855, Judge Cole took his seat upon
the bench of the supreme court of Wisconsin, which posi
tion he has ever since held, being re-elected in 1861, 1867,
and 1873, for terms of six years each, and in 1879 re-elected
for a term of ten years, from the first of January, 1880.
It will thus be seen that Judge Cole has served twenty-five
years as one of the judges of the supreme court; has just
entered upon a new term of ten years, and it would be
useless to say that he has discharged the duties of the
high position ably and faithfully, as his several re-elections
by the people, is the best possible evidence of that fact.
He has been a faithful expounder of the constitution he
took so active a part in perfecting in 1847 and 1848.
In private Hfe Judge Cole is an educated, refined and
genial citizen. In June, 1848, he was married to Miss
Julia A. Houghton. There is but one Hving child of
this union, Sidney H. Cole, who is now a member of the
firm of West & Co., dealers in books and stationery in
Milwaukee. Mrs. Cole was a most estimable lady, dis
charging her fuU duty as a wife, mother andifriend tiU the
date of her death, which occurred on the 17th day of De
cember, 1874. Judge Cole was married a second time, in
Madison, on the first day of January, 1879, to Mrs. Ro
berta C. Garnhaet, a lady of rare accompHshments.
It is very rare indeed, that a man has passed through
Hfe in a field of occupation so weU adapted to his mental

HON. ORSAMUS COLE. I99
construction as has been the case with Judge Cole; and
it is equally rare, that a man has held important official
positions so long as he has done, without having made
some personal effort to obtain them. This is a very
marked case of the office seeking the man. He certainly did
not intrude himself into office. The acquaintance of the
writer with Judge Cole has been long and intimate, and
what is here written is from absolute knowledge of the
man. His mental make up is strong, coupled with a retir
ing modesty that is very marked. After graduating from
college, and finishing his legal education, he came directly
west, stopping a brief time in Chicago, and then locating
at Potosi in Wisconsin. His first appearance in public
life was as a member of the Constitutional Convention of
1847-8. In that body, his extreme modesty kept him
from becoming prominent rapidly; but his clear and com
prehensive mind brought him to the front rank before the
close of its proceedings. The next year, 1848, he was
made a candidate for congress without his knowledge.
He had never thought of receiving the nomination, nor did
he desire it ; was not at the convention, but was attending
to his professional duties at home, when the news of his
promotion reached him, and he hesitated about beHeving it
for some time. He entered upon the canvass, however,
with zeal, and was elected. WhUe congressional life was
not suited to his quiet habits and tastes, he nevertheless
was faithful to every duty, and no complaint was ever
heard from his constituents. Returning home, he entered
upon the duties of his profession with industry, and drew
about him a good practice and many friends. In the win
ter of 1855, the republican party, then young and vigorous,
had a majority in the legislature ; and an associate justice
of the supreme court was to be elected in the spring. In
legislative caucus, Mr. Cole, who was at his home, hav
ing no knowledge of what was going on, was finally
selected as the repubUcan candidate for this high position —

200 HON. JOSEPH COLLEY.
one that had never occurred to him, and one that, when
tendered, his native modesty compelled him to insist he
was not quaUfied to fill. But his friends thought and knew
otherwise, and almost compelled him to make the canvass,
against his earnest protest. The result was his election'
over Hon. Samuel Crawford, the then incumbent, and a
very strong candidate. It was several days, however,
after the election, before Judge Cole Could be induced to
believe that he had been successful. In the June follow
ing, he took his seat on the supreme bench, and by re
election has retained it ever since. His mind is admirably
adapted to the bench. He has ability of a high order, a
finished education, and is thoroughly read in the law. He
is cool, deliberate, and free from bias ; and his decisions are
based on a conscientious belief of what is the law, the jus
tice, and the right. A more thoroughly honest, upright and
unprejudiced man never sat upon the bench of any court
than is Orsamus Cole. HON. JOSEPH COLLEY.
Joseph Colley was born in Newburyport, Massachu
setts, March 8, 1777. He became a resident of Bedford,
New Hampshire, when he was seven years of age, in
1784, where he continued to reside till 1840, when, foUow
ing his four children who had located there, he became a
citizen of Beloit, Wisconsin. In Bedford, New Hamp
shire, where he spent fifty-six years of his Hfe, Mr. Colley
occupied a very prominent position. In 181 1, he was
elected selectman, and tiU 1840, he occupied some impor
tant official position in the town, nearly, if not quite, every
year. In 1828 and 1829, he represented his town in the
legislature of the state; and, from 1825 tiU he left New-
Hampshire in 1840, he was a justice of the peace. In
addition to these various public offices to which he was
elected, he was a large portion of the time engaged in set
tling estates, as administrator, as guardian of chUdren, etc.

HON. JOSEPH COLLEY. 20I
He may be said to have been engaged in the service of his
townsmen in New Hampshire, in some capacity, almost
constantly, for a period of thirty years ; and in every posi
tion he discharged his duties acceptably and well. During
that period of time, his name and form were familiar to
every citizen of the town, whether old or young.
In becoming a resident of Beloit in 1840, he hoped to
spend the remainder of his days in private life ; but such
was not the case. He was found too intelligent, and too
capable, to be permitted to remain out of official position.
His services and experience were needed in managing the
affairs of a new country; and he served several years as a
justice of the peace, and as chairman of the board of su
pervisors of his town. In 1847, he was elected as one of
the representatives of Rock county to the convention
which formed the constitution of our state. In this body
he served on the committee on schedule and miscellaneous
provisions, and was a faithful and true man ; ever in his
place, and always voting right on every question affecting
the interests and privileges of the whole people. His vote
wiU be found recorded in favor of striking the word " white "
out of the suffrage article, thus showing that he favored
conferring the right to vote upon aU men, without regard to
color. To these liberal principles he has ever adhered,
and often referred with special satisfaction and pride, in the
latter months of his life, to these votes in the convention.
In private Hfe his character was upright and pure ; his
habits were always temperate and regular. He was a
man of large and powerful frame, possessing an uncom
monly robust constitution. His countenance was ever
pleasant, and his manner was calculated to draw persons
around him. For some years previous to his death, which
occurred May 7, 1867, his health had been slightly failing,
and he lost his hearing so that he heard ordinary conver
sation with- great difficulty. StiU, a day seldom passed
that he did not walk around among his friends at Beloit,

202 HONS. EMULOUS P. COTTON — PAUL CRANDALL.
distributing to them pleasant words. He was married in
early Hfe to a Miss Dole, by whom he had four children,
two sons and two daughters, the eldest of whom, Hon.
Samuel G. Colley, is one of the oldest residents of Rock
county, has held many places of pubfic trust, and closed a
term as sheriff of that county with the beginning of the
year 1879. HON. EMULOUS P. COTTON.
Emulous P. Cotton was a native of the state of New
York, born in 181 1. He was elected to the Constitutional
Convention in 1847, from Oconomowoc, Waukesha county,
where he followed the occupation of miller. He served in
this body on the committee on schedule and other miscella
neous provisions. No record of his after career has been
furnished us. He has been dead for several years.
HON. PAUL CRANDALL.
Paul Crandall was a native of the state of Connecti
cut, born in 1802, and by occupation was a farmer. At an
early day he settled in the eastern part of Rock county,
and at once took a prominent position among the people,
then striving to build up a new country. In 1847, Mr.
Crandall was elected as a member of the Constitutional
Convention from the county of Rock. He was a quiet
man, of excellent native sense and sound judgment; and,
while he did not occupy much of the time in speaking, his
counsel was of value in shaping many of the provisions of
our state constitution. He was one of the substantial and
useful members of the convention, highly esteemed by his
associates. After state organization, Mr. Crandall was
elected to the second state assembly, and served in that
body during the session of 1849. Soon after this, he
removed to the Pacific coast, locating in the territory of
Oregon, and has ever since been an enterprising and prom
inent citizen of that territory and state. A letter of a late

HONS. DAVENPORT — DORAN — DUNN. 203
date assures us that he stiU lives, in the enjoyment of good
health ; and now resides in Salem, Oregon.
HON. S. A. DAVENPORT.
S. A. Davenport is a native of the state of New York,
born in 1806. Settiing in Brighton, Racine county, he
adopted agriculture as a profession at an early date in ter
ritorial history. He was elected a member of the second
Constitutional Convention in 1847, from Hacine county,
and although not taking a prominent part in the proceed
ings, proved himself very useful. He is a gentleman of
fine abilities, weU read, of sterling integrity, and highly
respected by all. His residence is in the northern part of
Racine county, and he is reported as still living, but the
committee has been unable to receive any further record
of his career. HON. JOHN L. DORAN.
John L. Doran was a native of Ireland, born in 1814,
and by profession a lawyer. He was elected to the second
Constitutional Convention in 1847, from Milwaukee county,
and served in that body on the committee on schedule and
other misceUaneous provisions. He took considerable part
in the debates on various articles, from time to time under
consideration, and acquitted himself with much credit. He
was a frank and genial gentleman, well read and highly
cultivated. The committee have no record of his career
for many years after the state was organized. In 1862, he
was appointed colonel of the 17th Wisconsin regiment, in
which capacity he rendered valuable services in the field.
It is understood that he is now, and has for many years
been a resident of Chicago.
HON. CHARLES DUNN.
Charles Dunn was born in Bullett county, Kentucky,
December 28, 1799- His father was from Dublin, Ireland,
and his mother, Amy Burks, was a native of Virginia.

204 HON'. CHARLES DUNN.
He commenced reading law with Worden Pope, Esq., of
LouisviUe, and after a time continued his reading with
John Pope, Esq., of Frankfort. He removed to IlHnois
in 1819, and finished his legal studies with Hon. Nathan
iel Pope, then United States district judge for lUinois, and
was admitted to the bar in 1820. He commenced the
practice of his profession in Jonesboro, lUinois, and was
married in 1821 to Miss Mary E. Shrader, of Missouri.
He was chief clerk of the Illinois house of representatives
five years.
In 1829, he was appointed, by Governor Edwards, act
ing commissioner of the IlHnois and Michigan canal, and
with his associates, surveyed and platted the first town of
Chicago, and the commissioners superintended the first
sale of lots in 1829. The sales were continued during
the two succeeding j^ears.
In 1832, Mr. Dunn entered the service, and was en
gaged in the Black Hawk war as captain of a company
he raised in Pope county, Illinois. Captain Dunn was
severely, and it was thought mortally, wounded in what is
now called the town of Dunn, in this county, by a cow
ardly sentinel, whom he, as officer of the day, was pro
ceeding to relieve. There were three in company. Cap
tain Dunn, the sergeant of the day, and the sentinel
intended as a relief. At their approach, the sentinel on
duty, instead of hailing them, fired at the group at a dis
tance of about ten paces, severely wounding Captain
Dunn in the right groin. Pie was taken to Fort Dixon,
where he remained till the close of the war.
He served a short time as assistant paymaster, and then
resumed the practice of his profession. In 1835, he was
elected a member of the house of representatives in IlHnois,
and served as chairman of the judiciary committee during
the session.
Judge Dunn was a man of marked distinction in this
state. He has been long prominently identified with its

HON. CHARLES DUNN. 205
history. On the organization of the territory of Wiscon
sin in 1836, Mr. Dunn was appointed chief justice of the
territory, his associates being Judge Miller and Judge
Irvin. We believe the bench remained unchanfjed till the
state was admitted into the Union in May, 1848. Judge
Dunn was always esteemed a sound lawyer and an up
right judge. He was a man of dignified appearance, and
was generally acceptable to the bar and the people of the
territory. His duties were quite onerous, as, during the
greater part of the time he was on the bench, his district
was the most populous and important in the territory, and
produced, it is believed, the largest amount of litigation.
He performed all his judicial duties with ability, fidelity
and integrity.
Judge Dunn was a member of the convention that
framed the constitution of the state. He was made presi
dent fro tem. in the organization of that convention, and
was appointed chairman of the judiciary committee. He
took a leading part in the proceedings of that body, and
his counsel was influential in shaping many of the provis
ions of the organic law of our state. As a speaker, he
was concise and clear. There was no eloquence in his
manner of speaking; but his argument was strong and
convincing. His speeches in this body were frequent, but
never long. He was always heard with pleasure, and gen
erally with profit, by the members of the convention.
Since the state was admitted. Judge Dunn had devoted
his time principaUy to the practice of his profession as a
lawyer — residing at Belmont, the first seat of the territo
rial government.
Judge Dunn represented La Fayette county in the state
senate during the sessions of 1853, 1854, ^855 and 1856,
and served as chairman of the judiciary committee. He
was, of course, an able and influential member of that
body. In 1856, Judge Dunn was a candidate for congress

206 HON. CHARLES DUNN.
against C. C. Washburn. He was also a candidate for
the state senate in 1870 against Hon. H. S. Magoon, who
was elected.
In politics. Judge Dunn has always been an able and
true democrat. A native of Kentucky, he retained his
southern notions on the slavery question, and opposed the
repubUcan organization with all his power. While he was
very firm in his political faith, we befieve he treated his
opponents with respect and fairness.
In social life, Judge Dunn was highly respected, and
possessed qualities that rendered him very attractive and
popular with his acquaintances. He was pleasant and in
structive in conversation, and dignified and courteous in
his manners at all times. At the time of his death. Judge
Dunn was the oldest member of the legal profession in
the state, and was quite actively engaged in practice to the
last. Judge Dunn died on the 7th day of AprU, 1872, at the
residence of his sister, Mrs. David W. Jones, at Mineral
Point, in the eightieth year of his age. Proper notice of
his great worth, and regret at his death, was observed by
the bar of the supreme court, and the proceedings were
ordered to be placed on record, and may be found in the
thirtieth volume of the Wisconsin Supreme Court Reports.
From these proceedings, so honorable to any man, and so
well deserved, in the case of Judge Dunn, we feel con
strained to make Hberal extracts. The members of the bar
for the fifth judicial circuit had held a meeting and adopted
resolutions of respect to the memory of their old friend and
associate, and on the 17th of July, 1872, Hon. Moses M.
Strong presented them to the supreme court, asking that
they be placed upon its records. After the preamble,
which sets forth the particulars in regard to the death of
Judge Dunn, the resolutions read:
Therefore, -we, the members of that bar, -with no common emotions of
regret, respect and reverence, join in availing ourselves of the proud

¦ ' HON. CHARLES DUNN. 207
though melancholy privilege of paying our last tribute to the memory
of the distinguished dead.
The deceased, Hon. Charles Dunn, never failed to recognize a brother
in the most youthful, hui-nble and unpretending member of the bar, -\vhile
he could look upon the proud pretensions of the most assuming -with the
calm consciousness of an equal, and the -well established reputation of a
superior. We may, therefore, avail ourselves of more than our mere
professional privilege of calling the deceased our brother. By the ties of
the brotherhood of man -we may call him our brother. Although, in
connection -with our deceased bro'.her, -we may not look " upon the storied
monuments, the stately hatchments, the cold inarble pomp -with -which
grandeur mourns i-nagnificently her departed pride," yet in the hearts of
his professional brethren -will be cherished the memory of unpretending
learning, the dignity of unaffected simplicity, the graceful refinement of
cultured thought, the genial courtesy of professional, official, and social
etiquette, and the potential large-heartedness and breadth of intellect
that commands respect and attracts admiration. The memory of these
will live in the hearts of his professional brethren, and -will be trans
mitted in professional succession, awakening emulation and stimulating
ambition among the coming, to attain through praiseworthy effort to
that position which practical virtues and noble manhood have so well
adorned. Resolved, That in the death of our brother, Hon. Charles Dunn, the
bar has lost one of its most distinguished members, the profession one of
its truest friends, the public one of its ablest defenders, the state one of
its most esteei-ned citizens, and society one of its brightest ornaments.
Resolved, That Charles Dunn will be remembered as a learned
jurist, an able advocate, a sound exponent of constitutional principles,
and a true American citizen.
Resolved, That in remei-nbering his amenity of manners, his kindly
forbearance and uniform courtesy, both on the bench and at the bar, we
will endeavor to emulate his virtues, and strive to cultivate the friendly
relations and courteousness of professional character, both before the
courts and toward each other, of which he gave such good example,
and that is always praiseworthy in every member of the profession.
Mr. Strong then gave an interesting sketch of the life
of this jurist, and among other incidents related the follow
ing, which iUustrates the fact that the Judge was not only
polite and easy in manner, but brave as well. Mr. Strong
said: While Judge Dunn always, as an essential part of his nature, displayed
upon the bench the " suaviter in modo," it was invariably accompanied

2o8 HON. CHARLES DUNN.
with the "fortiter in re.^' Numerous illustrations might be given, but
one, most remarkable and bordering on the tragic, must suffice.
In 183S, an atrocious murder had been perpetrated in Grant county,
and a person charged with the crime, and committed to jail to await the
action of the grand jury. He was brought before Judge Dunn upon a
writ of habeas corpus, who, after a full investigation, admitted the pris
oner to bail, which he obtained, and was set at liberty. The inhabitants
in the vicinity of the murder were very much incensed, and assembled in
large numbers, with the avowed intention of lynching the accused, who
only saved his life by flight. His sureties were also compelled to leave
the territory at the hazard of their lives. The mob, in which were some
very respectable citizens, also passed a resolution — of which they notified
the judge — that if he attempted to hold another court in that county it
would be at the risk of his life.
On the day appointed by law for the holding of court, the judge ap
peared, as usual, without guard or escort, as calm and undisturbed as
though he was entirely ignorant of the menaces of the mob, many of
whom, as he knew, were in attendance, and without having even spoken
to any member of the bar, or to the sheriff, of the danger with which he
was threatened, he took his seat upon the bench, with his accustomed
quiet dignity, and ordered the sheriff to open court. It was observed
that he took with him, to his seat, his saddle-bags, and placed them im
mediately by his side. This was his arsenal. The firm, determined and
resolute purpose of the j-,dge to hold that court at that time and at that
place, in despite of all threats of personal violence, was so unmistakably
developed in every lineament of his unblanched features, that all appear
ance of mob violence was effectually subdued. The sheriff opened court,
and its business was proceeded with in the usual orderly manner.
Mr. Strong concluded his remarks as follows:
But it was neither on the bench, at the bar, in office or in political con
tests, that those traits of character were developed that endeared Judge
Dunn most to those who knew him best. In social life and in every
day intercourse with his friends and neighbors who knew him so well,
and who prized him so highly, he lived and moved the object of the
highest esteem and warmest friendship of all with whom he came in
contact. " With charity for all, and malice to none," he terminated his earthly
course on the 7th of April last, in the fullness of years, leaving behind
him numerous friends, regretting that they " ne'er should look upon his
like again," and who yet had the consolation, that if an abiding faith in
the truth of the doctrines of the Christian religion, and a life spent in
doing unto others as he would that others should do unto him, furnish

HON. CHARLES DUNN. 209
any hope of a blessed immortality, that hope is surely vouchsafed to the
bereaved friends of the subject of this imperfect obituary sketch ; for,
" So deeds be just and words be true.
We need not shrink from nature's rule —
The tomb, so dark to mortal's view.
Is heaven's own blessed vestibule."
A meeting of the bar of the state adopted resolutions
that were presented to the court by Hon. E. G. Ryan,
the present chief justice of the supreme court. After brief
reference to the story of the Hfe of Judge Dunn, Mr. Ryan
said: Ambition has a double character; the highest or the lowest of social
qualities. The ambition to use our talent in the service of our race and
of Him who gave it, is something as noble as any human motive can be.'
The ambition of station, for self-honor or self-profit, regardless of our
own fitness or of the greater fitness of our fellows, is as low a lust as
mean egotism can reach. The attainment of office, for its opportunities
of serving the public good, ennobles the office and the officer. The
attainment of office, beyond the capacity of the officer, for the sake of
personal distinction or interest, belittles both. To each his peculiar talent
is given. True glory is the faithful use of the talent given, within its
proper sphere, upon all appropriate occasions fitly offering.
It was Judge Dunn's lot in lite to fill many stations, professional and
lay, executive, legislative and judicial. So far as I know or have been
able to learn, these rather sought him than he them. He certainly in
truded himself into none of them. There was a modesty in the man
which was rare in his generation. I think that his own estimate of his
own powers was below, not above the estimate of all who knew him
well. And he was a thoroughly earnest man. He filled all his offices
with singular fidelity and zeal ; as if each, in its turn, were the chief end
of his life. To say that he filled them with ability, would be faint praise.
He did not achieve success in them by just escaping failure. He -iVas a
faithful officer ; his offices were never below him, but he was always
above them. None of them gave opportunity of showing all that he
was, of calling out the strength that was in him. They were all respect
able, some of them were high. But his intellect, his culture, his general
capacity, towered far above every station he ever occupied. We mourn
for the untried powers, which die out of the world with the young. Let
us mourn for the world when it suffers great powers to die, unused in
its service with the old.
In his life, Tudge Dunn saw many men around him reach stations
¦which he did not reach. Some of them rose woi-thily and usefully.
14

2 ID HON. CHARLES DUNN.
Some rose only to show their own unfitness. With like pliancy or like
artifice, he too might have risen where his inferiors rose. But he was
above these. And standing below, on the solid level of his own life and
character, he ranked the superior of most and the equal of any of his
cotemporaries. He might have enr.obled many positions filled by them;
none of them could have ennobled him.
For, truly, he was a great man in private station. While his intellect
was calm, it was solid ; while it was not brilliant, it was comprehensive
and far reaching. It was deliberate, discriminating, clear, wise and just.
I doubt if he have left among us his intellectual equal. His character
was solid, strong and resolute, but not stern or harsh. His stronger
qualities were softened by great sense of humor and great kindness of
heart. His temper was singularly genial. He was generous and trustful
to a fault. His foibles, for — like all born of woman — he had them, all ¦
arose from his genial character, the warmth of his heart and the kindness
of his temper. Strong in character among the strongest; he was, in
carriage and manner, gentle among the gentlest; eminently modest and
unobtrusive in demeanor. His culture was of a high order, in and out
of his profession; like himself, useful and thorough, not superficial or
showy. His knowledge of men and things, of the world and its ways,
was profound. There were singularly combined in him the sagacity of
a man of the world, and the personal simplicity of a child. He had a
deep sense of the duties of life. In all its relations, in all its chances
and vicissitudes, he was always true to his own views of duty. His
sense of self-respect was unerring, and never deserted, never betrayed
him. It is little to say that he was the soul of honor. He could be
nothing that is false or mean. He did not know what treason was.
That which he believed, that which he loved, that to which he gave his
faith, were part of himself. He could not desert faith, or friend, or d(ity,
without betraying his own life. Dishonor in him would have been moral
suicide.
Hon. George B. Smith made a few remarks, from
which we extract a single paragraph :
On the formation of our state government he retired from the bench,
and from that time to his death he was engaged in the practice of his
profession. His high character as a jurist secured for him an extensive
practice in the western portion of the state, and his benevolent and pure
character made him at all times and in all respects the counselor and '
friend of a very large circle of acquaintances. Although he died in the
fullness of years, he died deeply regretted by all who knew him. His
fame as a lawyer and a judge, and his services in the formation of our
constitution and framework of our civil polity, will live while the annals
of our state shall last, for the history of Wisconsin will not be faithful

HON. EXPERIENCE ESTABROOK. 211
or complete without frequent and honorable mention of Charles
Dunn. Mr. Justice Cole, on the part of the court, spoke at
some length, and after reciting the main features in the life
of the learned judge, concluded his remarks as follows :
After Judge Dunn resumed practice, I met him frequently as a
lawyer — sometimes being associated with him on the same side of a
case, and sometimes being opposed to him, and while he was a most for
midable antagonist, yet I never met a i-nan with whom it was so pleasant
to practice. Of course he was far above everything that could be termed
dishonorable, or even what is characterized as " sharp practice " in the
management of cases. But he was so fair, honorable and obliging in
everything that related to the mere details of practice, that he never
failed to accommodate an opposing attorney in matters of this kind when
he could do so without prejudice to the interests of his client. And he
observed so religiously his verbal stipulations, that no one ever thought
of having them reduced to -writing from an apprehension that he would
not abide by them. In his intercourse with the members of the profes
sion in court, and out of court, and his demeanor towards the bench, he
was an example of the highest professional courtesy, dignity and kind
ness. This, of course, is not the occasion to review the judicial career, or to
attempt to estimate the value of the public services of Judge Dunn.
But I cannot withhold an expression of the belief that he will be in the
future — even if he is not now regarded as having — by his labors upon
the bench, and by his wisdom and sound statesmanship in the Constitu
tional Convention, contributed as much to lay the foundations of the
political and judicial systems which we now enjoy, as any individual.
The request and motion to enter upon the records of the proceedings,
the resolutions of the bar of the fifth circuit, and the proceedings and
resolutions of the supreme court, presented, are granted.
HON. EXPERIENCE ESTABROOK.
The ancestry of Mr. Estabrook was Puritan. His
father was Seth Estabrook, the maiden name of his
mother was Hannah Hibbard. He was born in Leba
non, Grafton county. New Hampshire, April 30, 1813, had ,
a common and private school education, and became a
lawyer by profession. He married Caroline A. Max
well, April 17, , 1844, and resided for a short time at
Alden, Erie county. New York; settled at Geneva, Wal-

212 HON. EXPERIENCE ESTABROOK.
worth county, Wisconsin, in July, 1840, where he soon be
came prominent, having been chosen district attorney and
school commissioner before his election to the Constitu
tional Convention. After that event, he served as a mem
ber of the assembly and as attorney general of the new
state. Removing to the territory of Nebraska many years
since, he was elected delegate to congress, and has also
fiUed many other important pubUc positions since that state
was organized and admitted into the Union.
Mr. Estabrook fiUed a very prominent position in the
Constitutional Convention of 1847-8 in Wisconsin, having
been chairman of the committee on education and school
funds; and it is to him and his able associates that the state
is indebted largely for its present educational system.
While he made but few speeches, they were uniformly
upon the most important subjects pending, and always terse,
logical and to the point. Upon the question of extending
sulfi-age to all alike, without regard to color, he took a
position far in advance of his party at that time, and was,
indeed, one of the pioneer leaders in breaking from the
shackles of mere prejudice, and rising to the real dignity
and equality of repubUcan government. In all the discus
sions reported, his views and his acts were conservative —
never extreme — and his reasoning was marked by a soUd-
ity and cogency that time has long since demonstrated to
have been correct. Possessing abilities and legal acquire
ments of a high order, and a noble and patriotic purpose to
aid in the erection of a state worthy of its people, his work
has left a marked and enduring impress on Wisconsin,
where his name should ever be held in high honor.
Among pioneer experiences, Mr. Estabrook makes
record that he attended the first term of the first court held
in Elkhorn, Walworth county, and brought the first case
in bankruptcy; that he owned a dog, a near relative to
Judge Irvin's " York," which insured him much success
in practice in the judge's court ; that he once examined our

HONS. FAGAN  FEATHERSTONHAUGH. 21 3
present Justice Lyon, of the supreme court, for a school
master; and that he put the first boat, the schooner rigged
" Ariel," of five tons, on Geneva lake.
HON. JAMES FAGAN.
James Fagan was elected to the second Constitutional
Convention from Grafton, Washington county. He was
born in Ireland, and was, at the time of the convention,
thirty-five years of age. He served on the standing com
mittee on education and school funds, but took no conspicu
ous part in the general proceedings. He was a gentleman
of sterling worth, and felt a deep interest in the work in
hand, aiding to the extent of his abilities in securing for
Wisconsin a liberal and progressive organic law of devel
opment. Mr. Fagan was a member of the assembly from
Washington county, in the years 1849 and 1857. He is
reported as having died several years ago.
HON. GEORGE W. FEATHERSTONHAUGH.
George W. Featherstonhaugh was born in Albany,
New York, in 1814, and at the time of his election to the
second Constitutional Convention, in 1847, from Pequot,
Calumet county, was a mUler by occupation. He served
in that body on the committee on schedule and other mis
ceUaneous provisions, but took only a limited part in the
general proceedings. He was elected also, in 1847, from
the same county, to the territorial house of representa
tives, and served until the close, ih 1848. With much force
of character, a highly finished education, and many excel
lent qualities, Mr. Featherstonhaugh had serious defects
which operated to defeat a public career that might other
wise have been conspicuous for usefulness. He has long
resided in Milwaukee, but it is understood that his health
is now much broken, and that he is suffering from the
infirmities of old age.

214 HONS. FENTON — FITZGERALD — FOLTS.
HON. DANIEL G. FENTON.
It is a source of regret to the committee that they have
been unable to obtain the family record of Col. Fenton,
an early settler at Prairie du Chien. He was elected a
member of the second Constitutional Convention, from
the counties of Crawford and Chippewa, and served in
that body on the committee on executive, legislative, and
administrative provisions. He was a native of New Jer
sey, a lawyer by profession, and at the date of the session,
was thirty-seven years of age. After the state organiza
tion, he was elected a member of the first state senate, in
1848, was frequently sent as delegate to state and other
conventions, and was widely known in political circles.
He died suddenly about 1850, his wife soon after removing
to Green Bay, where all trace seems to be los^. He was
a gentleman of courteous, dignified and affable address,
possessing large mental and scholarly attainments, and had
a large circle of friends. With some defects incident to
his surroundings, and a hospitable disposition, his merits
were great and predominant. Few, indeed, among old
settlers, but will remember him, and aU will lament his
early death, and the failure to obtain data to make a
record of his personal career and history.
HON. GARRETT M. FITZGERALD.
[Garrett M. Fitzgerald was a member of both Constitutional Con
ventions. For sketch, see page 79,]
HON. JONAS FOLTS.
Jonas Folts was born in Herkimer, Herkimer county,
New York, March 12, 1808. He received an academic
education, and after some years spent as a book-keeper,
embraced the occupation of farming. He was married
October 20, 1835, to Sally L. Bartlett, and the same
year settled in Milwaukee. The year following, he made
a claim in the town of Summit, now Waukesha county,

HON. EZRA A. FOOT. 215
and took up his abode in the then wilderness, in company
with T. C. Dousman, E. W. Edgerton, L. C. Leavitt,
and one or two others, where he resided several years,
holding many town offices meanwhile. He removed to
the town of Hebron, Jefferson county, in 1843 ; was elected
register of deeds in 1846, member of the Constitutional
Convention in 1847, and to the state legislature in 1867,
besides holding many minor positions of pubHc trust.
The part taken by Mr. Folts in the convention was
passive rather than active. He introduced several propo
sitions and resolutions, but took no part in the general de
bates. His votes, however, were cast inteUigently on all
matters that came up for action, and he performed very
useful services as a member. He was in all respects an
honorable and worthy citizen, and a safe and trusty legis
lator. He died at Hebron on the 24th of June, 1876.
HON. EZRA A. FOOT.
The ancestral record of Mr. Foot is thus stated:
. Father — Joseph Foot, of Watertown, Connecticut ;
mother's maiden name, Abigal Baldwin, of Washington,
in the same state, — eighth generation from Nathaniel
Foot, one of the first settlers in Wethersfield. His father
was a cousin of United States Senator James A. Foot, of
Connecticut, who was the father of Commodore A. H.
Foot, and also cousin of Roxana Foot, wife of Lyman
Beecher, D. D., and mother of Henry Ward Beecher.
Ezra A. Foot was born in North Goshen, Connecticut,
February 6, 1809; bad a common school education, and
became by profession a farmer and produce dealer. He
was married June 4, 1829, to Clarissa Beach, daughter
of Julius Beach, Esq., of Goshen, Connecticut; came to
Wisconsin in 1843, and settled at the place where Foot-
viUe, Rock county, now stands, May 28, 1845.
He was a candidate for election to the first Constitutional
Convention in 1846, but was defeated with the balance of

2i6 HON. ALBERT FOWLER.
the whig ticket. He was elected a member of the second
convention in 1847, and served on the committee on en
grossment, and took an active part in aU proceedings. Prior
to locating in Wisconsin, he had held about every local
office in the gift of his townsmen in Connecticut, and the
same also here, after the state was organized. In 1857, he
was elected a member of the assembly, and in i860, to the
state sena'.e, serving as chairman of the committee on
agriculture in 1861, and on finance in 1862. He was ap
pointed a trustee of the State Hospital for the Insane, and
held the position for some years. In 1869, he removed to
Kansas, and was chosen first mayor of the city of La
Cygne, police judge, etc. Returned to Wisconsin in 1876,
and the next year was elected chairman of the board of
supervisors and justice of the peace.
From the foregoing record, it wiU be seen that Mr. Foot
has passed through aU the grades incident to pioneer life,
iiUing the most important civU positions, every duty of
which he faithfully and honorably discharged. His pubHc
career has been a long, and in every sense, useful one. It
began in Wisconsin when he was elected to the Constitu
tional Convention, in 1847, at the age of 38, and has con
tinued almost without break or interruption for a period of
more than thirty years. HON. ALBERT FOWLER.
Albert Fowler is the second of four sons of Dr.
Elijah Fowler, who was in early life a soldier in the war
of the revolution (and whose father, Gurdon Fowler,
was a soldier in the old French war, in 1755), and later
settled in Tyringham, Berkshire county, Massachusetts,
about the 3-ear 1794, where he practiced his profession
until his death, in 1812. These are all descended from the
Puritan ancestor, William Fowler, of the New Haven
colony of 1637. The father of Albert Fowler, dying in
1812, left a family of four sons and one daughter, all young

HON. ALBERT FOWLER. 2l7
children, and in destitute circumstances. They shortly
emigrated to Chautauqua county. New York, where they
grew to manhood.
In 1832, Albert Fowler emigrated to Chicago, reach
ing there in the month of June of that year, and was there
when General Scott arrived with troops for the Black
Hawk war, and who brought the cholera with them. In
common with others who were able to do so, Mr. Fowler
left Chicago, returning to Detroit by way of the lakes,
where he sought and found employment for a brief pe
riod, and later retired into the country, and taught a school
during the winter of 1832—3, returning to Chicago in the
spring of 1833, where he remained during the summer,
and bought and sold some real estate. He went to Buffalo,
in September, and purchased a stock of Indian goods, to
sell at the great Indian payment, held at Chicago in Sep
tember, 1833. He realized handsomely on the venture.
Concluding to go to the then trading post at the mouth of
the Milwaukee river, he left Chicago in company, with
Robert J. Cousin, Andrew Lansing, and Quartus G.
Carley, and they were encamped on the banks of Root
river the night of the great meteoric shower, in November,
1833, and reached Milwaukee the i8th day of November
of the above year. George H. Walker was then at
Skunk Grove, but had never yet been to the present site
of Milwaukee, and did not go there untU the following
spring. Cousin and Lansing afterwards settled at Jefferson, and
Carley in Kenosha county.
Mr. Fowler and party took up their abode, for the
winter foUowing their arrival, in a log cabin, owned by,
and probably erected by, Solomon Juneau, and located
near the present intersection of Wisconsin and East
Water streets, where they kept bachelor's hall, as the
saying is, untU the foUowing spring, there being no other
white men in the place excepting Solomon Juneau. In

2l8 HON. ALBERT FOWLER.
the month of January, 1834, Mr. Fowler visited Chicago
on horseback to obtain a physician for Mrs. Juneau, for
which he was rewarded by Mr. Juneau with a new suit
of clothes.
In the spring of 1834, Mr. Fowler became a member '
of Mr. Juneau's family, and continued to live with them
until 1836, being in his employ most of the time, and en
gaged in his trading expeditions among the Indians. He
learned the Menominee and Pottawotamie dialects, and
was given the name of " Mis-kee-o-quo-wen," which sig
nifies red-cap, in consequence of his wearing a red cap
when he came among them for the first time. During the
latter part of the summer of 1835, James Duane Doty
and Morgan L. Martin went as delegates from the ter
ritory of Wisconsin to a session of the councU at Detroit,
and upon their return they brought a commission to Mr.
Fowler from Stephen T. Mason, the governor of the
territory of Michigan, as justice of the peace, clerk of the
court, etc. As there was no court organized, there was
no service rendered in the latter capacity, but the justice
court was opened with a jurisdiction extending over aU the
country lying east of Rock river, in Wisconsin. Under
the authority conferred by this commission, Mr. Fowler
opened the first volume of records in the recorder's office
of Milwaukee, and most of the records in the original vol
ume were in his handwriting.
Mr. Fowler, Mr. Kilbourn, Archibald Clyijourn
and others platted, in 1835, and owned, that portion of the
fourth ward of MUwaukee at that time laid out.
Mr. Fowler continued to deal extensively in real estate,
untU the panic of 1837 put an end to such operations, and
in 1839 he retired to a farm in the township of Wauwa
tosa, in Milwaukee county, and two years later to another
farm, in the same township, where he remained until the
death of his wife in 185 1.
Many an early settler of those days wiU remember with

HON. ALBERT FOWLER. 2I9
gratitude the name of Albert Fowler, who was ever
ready to aid the poor settler with practical assistance and
encouragement. His house and his fare were free to all
who were worthy and in need, without money and without
price, and few men in Milwaukee county in .that early day
had a more extended acquaintance than he, or were more
respected for their honesty and probity of character. In
business affairs he always paid one hundred cents on the
doUar, and continued to do so after the panic of 1837, which
found him greatly involved, in common with many others.
Mr. Fowler subsequently settled in Rockford, IlHnois,
in 1853, where he has ever since remained, and although
three times honored with the highest office in the gift of
that municipality, he has many times expressed his regrets
at having left Milwaukee, the home of his first choice in
early manhood, the fair commercial metropoHs of Wiscon
sin, in which he has always felt a just pride as one of its
founders; in fact, the first white settler who came and re
mained, after Solomon Juneau, before Walker, before
Kilbourn, or any other, except as mentioned, the pioneer
guard of the 120,000 there at the present time.
Mr. Fowler was a representative from the county of
Milwaukee in the Constitutional Convention of 1847-8,
and was one of the most attentive members of that body.
He was not a frequent speaker, but his excellent common
sense gave him a wide influence on committees, and in his
advice on matters pertaining to the business of the conven
tion, was of value, 'making him a very useful member.
Mr. Fowler, now, in 1880, in his 78th year, enjoys a
fair degree of health, and is remarkably well preserved in
appearance. His recollections of pioneer events and men
are of an interesting and entertaining character, and, were
he accustomed to the writing of memoirs and biographical
sketches, could afford the pubHc some very interesting
accounts of the early days of the settlement of MUwaukee.

220 HON. WILLIAM HERMAN FOX.
I HON. WILLIAM HERMAN FOX.
William H. Fox was a son of William Fox, of the
family of O'Sionach (anglicised Fox), of Tiffia and Kil-
courcey county. West Meath, Ireland, and Eleanor Tyn,
his wife. He was born in Moate a Granougo county. West
Meath, Ireland, September 14, 1814, received a select school
and medical coUegiate education, and was by profession a
physician. He settled at Cleveland, Ohio, in 1833, removed
to Lima, Lagrange county, Indiana, in 1839, ^^'^ ^''^"^
thence to Wisconsin territory in November, 1842, entering
the land on which he has ever since resided, at the United
States land office, in section thirty-five, town six, range
nine, in Dane county, and commenced improvements on the
same in 1843. In December, 1841, he was married to Cor
nelia AvERiLL, of Lagrange, Indiana, who died in April,
1864. In March, 1867, he married Emily Kingsley, of
West Meath, Ireland.
He was elected a member of the Constitutional Conven
tion in 1847, and served in that body on the committee on
general provisions, comprising preamble, boundaries and
admission of the state, suftirage and elective franchise, in
ternal improvements, taxation, finance and public debt,
militia, eminent domain and property belonging to the state,
bill of rights, and such other provisions as were referred to
the same.
The part taken by Dr. Fox in the proceedings of the
convention, while not especially prominent, was eminently
useful, and produced a lasting impression, especially his
action upon the suffrage question, the article as it stands
in the constitution having been in a large measure dictated
by him, and has ever since proved satisfactory to all par
ties. Except his services as a member, the Doctor has
ever since avoided pubUc life, and attended almost exclu
sively to his large farm, and the labors of his profession,
which covered a field for many years scarcely bounded by

HON. GEORGE GALE. 221
the Hmits of Dane county. His life has been one of intense
activity and unselfish devotion to the bodily health and in
terests of all about him. A trusty friend, of warm and
generous impulses, a wise counselor and kind neighbor,
eminent for professional skill which has ever been in con
stant requisition, he has reached old age after a well spent
Hfe, in every sense honorable and useful, enjojdng through
out the esteem and respect of all who knew him. His
experience as a pioneer settler, like that of most of his as
sociates, covers nearly the entire annals of both territory
and state. HON. GEORGE GALE.
George Gale was born in Burlington, Vermont, No
vember 30, 1816. His grandfather, Peter Gale, was a
native of Vermont, and served in the continental army;
. his father, whose name was also Peter, was one of the
" minute men " of Barre, Vermont, in the second war with
Great Britain. His mother's name was Hannah Tot-
tingham, and she was of genuine Puritan stock. The
subject of this sketch lived on a farm during his boyhood,
and divided his time in working on a farm and attending
school. He possessed a remarkable love for books, and
found recreation in study. After obtaining a fair educa
tion, in March, 1839, he commenced reading law at Water-
bury Center, and was admitted to the bar in 1841. In the
same year he removed to the then territory of Wisconsin,
and located at Elkhorn, where he commenced the practice
of his profession. In addition to his professional labors,
he was for one year the editor of the Western Star, pub
Hshed in Elkhorn, to which he contributed many able
articles. In 1846, he published the "Wisconsin Form
Book," revised editions of which were published in 1848,
1850, and 1856. He also pubHshed a valuable work on
the " Upper Mississippi," and performed considerable labor
on the records of the Gale family.
In 1847, he was elected a representative from Walworth

222 HON. PETER D. GIFFORD.
county, to the Constitutional Convention, in which body
he was a prominent and hard working member. He
served as a member of the committee on the judiciary.
He held several official positions after the convention.
Among them, we note that he was district attorney one
term; state senator in 1850 and 185 1. The latter year he
removed to La Crosse, and was county judge of that
county four years, and circuit judge from 1857 to 1863.
In 1853, Judge Gale purchased a large tract of land,
including the present site of Galesville, and the next
winter he procured the organization of the county of
Trempealeau. He founded the Galesville University,
endowing it to the amount of ten thousand dollars. In
1857, he settled on a farm near Galesville. Owing to fail
ing health in 1862, he spent the winter in the south for its
benefit ; and the two following winters were spent in the
south, but without any permanent relief. He died of con
sumption in April, 1868, at the age of fifty-two years.
In December, 1844, Mr. Gale was married at Elkhorn,
to Miss Gertrude Young. They had three chUdren,
two sons and a daughter, all of whom are now settled in life.
HON. peter D. GIFFQRD.
Peter D. Gifford was a native of the state of New
York, born in 181 2, and by general occupation a merchant.
He came west at an early day and settled in Waukesha
count}^, from which county he was elected to the Constitu- ¦
tional Convention in 1847. He took part in the debates on
several important articles, and was regarded as a useful
member. He was a gentleman of affable and social dis
position, kind hearted, generous, and ever held in high
esteem by aU who knew him. In 1862, he was elected to
the assembly. With increasing age and infirmities he
finally became partially deranged, and died some five years
ago in the insane hospital at Madison, to which he had
been sent for medical treatment.

HONS. JAS. HARRINGTON  L. P. HARVEY. 223
HON. JAMES HARRINGTON.
James Harrington was a native of the state of New
York, born in 1810, and by trade a carpenter. He was
elected to the second Constitutional Convention from Wal
worth county, in 1847, but took no conspicuous part in the
proceedings. He was a gentleman of fine abiHties, good
judgment, and honest purposes. Of his after career no
report has reached the committee. He removed to St.
Paul,- Minnesota, and died there in 1852 or 1853.
HON. LOUIS POWELL HARVEY.
Louis Powell Harvey was born in East Haddam,
Connecticut, July 22, 1820. His parents were not wealthy,
and the son early felt the necessity of taking care of him
self, in seeking his own fortune. In 1828, when our sub
ject was but eight years of age, the family removed to
Strongsville, Cuyahoga county, Ohio. Louis prepared
himself for college, and in 1837 entered the freshman
class in the Western Reserve CoUege, located at Hudson,
Ohio. Here he remained two years, when, on account
of ill-health, he was compelled to leave the institution,
deeply to his own regret. He was a great favorite with
his feUow students. On leaving college, he started out as
a teacher, and spent a year or two at Nicholasville, Ken
tucky, in charge of an academy, when he obtained a situ
ation as tutor in Woodward College, Cincinnati, where he
remained two years. In 1840, Mr. Harvey took a prom
inent part in the Harrison campaign, speaking in several
places with marked ability. These were his first efforts
at public speaking. In the autumn of 1841, he located in
Southport (now Kenosha), in Wisconsin, where he opened
a school on the 25th of December, 1841, meeting with good
success. In addition to his duties as a teacher, in 1843, he
assumed the editorial charge of the Southport American, a
whig paper. While under his charge, this paper was con-

224 H°^- LOUIS POWELL HARVEY.
ducted with ability and spirit. He was caUed to. fiU several
positions in the town during his residence at Southport.
From President Tyler, Mr. Harvey received the ap
pointment of postmaster, but not being able to follow the
fortunes of that man, soon lost the position.
In 1847, Mr. Harvey was married to Miss Cordelia
A. Perrine, a lady of rare accompHshments, whose after
Hfe forms an important chapter in the war history of the
state. In the same year, he located at CHnton, in the
county of Rock, and opened a store ; and in the fall, was
elected as one of the representatives of that county to the
convention that framed the organic law of the state. He
was one of the youngest men in this body, but occupied a
conspicuous position in its deliberations. He was a
member of the standing committee on education and
school funds, and was prominent in shaping the educa
tional system of the state. In the discussions of the con
vention he took an active part, and was considered one of
the ablest and clearest debaters in it.
In 185 1, Mr. Harvey • located at Waterloo (now Sho-
piere), which continued to be his residence while he lived.
Here he purchased a water-power, and tearing away a
distillery that had long been a curse to the place, erected
on its site a flouring mill, and established a retaU store.
Here he was the leading citizen, exercising a great in
fluence in reforming the morals of the place.
Mr. Harvey served two terms in the state senate,
commencing with the year 1854. He was a leading
member of that body in its deliberations, and during his
last term served as president fro tem., discharging most
acceptably the duties of this high position. During the
years i860 and 1861, Mr. Harvey served as secretary of
state, bringing to that department rare abiHty and great
energy of character. As a member of the board of
regents of the State University, he rendered valuable ser
vice. He was ever a strong friend of that institution, as he

HON. LOUIS POWELL HARVEY. 225
was to the great cause of education generally. In his
speeches and public acts, he evinced much zeal in this noble
cause. In 1861, Mr. Harvey was elected governor of Wis
consin, under the constitution he had taken so important a
part in framing. On the first Monday in January, 1862, he
assumed the duties of the office, and discharged them with
eminent abiHty until the 17th day of April following, when,
by an accident, he was suddenly caUed to his final rest, and
was lost to the people of Wisconsin. The circumstances
attending his death may be briefly related in this con
nection. On receiving the news of the battle of Shiloh, in
which Wisconsin troops had suffered terrible losses. Gov.
Harvey deemed it his duty to repair at once to the scene
of suffering, and to afford all the relief in his power. On
the foUowing morning, full of vigor and in the most per
fect health, he left his home duties, his family comforts, to
seek out the afflicted soldiers of the state, and to administer
relief and consolation to them. His mission was completely
successful. His presence among the troops had an electric
effect, giving them new life and new hope. He had finished
his noble work, and prepared for his return home. On the
17th of April, he wrote to his wife from Pittsburg Land
ing, using these words : " Yesterday was tJie day of my
life! Thank God for the impulse that brought me here!
I am well, and have done more good by coming than I
can well tell." This was probably his last letter. He had
taken position on a boat at Savannah, to await the arrival
of another vessel that was to convey him to Cairo, on his
homeward trip. It was late in the evening, and the night
was dark and rainy. The expected boat hove in sight,
and as it rounded to, the bow touching the one upon which
the governor stood, he took a step — perhaps stumbled —
and feU overboard between the two boats, into the Ten
nessee river, and aU efforts to rescue him proved unavail
ing. He sank, never to rise again, afive. Thus was lost
15

226 HON. STEPHEN P. HOLLENBECK.
to the state, an able, energetic and honest public servant;
to the community, an exceUent citizen and kind-hearted,
genial man. HON. STEPHEN P. HOLLENBECK.
Abram Hollenbeck was the father of Stephen, and
Abigail Bronson, the maiden name of his mother, both
natives of Vermont, residing at- Richmond, Chittenden
county, of whom no further record is made. He was born
March 28, 1801, and after receiving a common school edu
cation, became a miU-wright by profession. He removed
to Mineral Point, Wisconsin, in 1834, residing in Iowa
county untU 1863, when he located in Green Lake county.
In 1841, he married Harriet Blair.
In 1847, he was elected a member of the Constitutional
Convention, but took no very prominent part in the pro
ceedings. The record of his votes on the various proposi
tions that came up for action, exhibits keen discrimination
and practical information as to all matters pending, and an
honest purpose to make the corning state free and progress
ive in its organic structure. After state organization, he
took Httle part in pubUc Hfe, although chosen a member of
the assembly in 1855, and holding for many years various
important local offices.
We note but a single pioneer experience, mainly for its
novelty and daring. In 1840, the Winnebago Indians were
restive if not hostile, and, despite a treaty,. returned to their
old haunts, greatly to the alarm of many of the earHest
white settlers. Under orders from Gov. Dodge, and with
but three men, Mr. HpLLENBECK went to Richland county,
reached the Indian camp about 10 o'clock at night, when
the whole band of about one hundred surrendered, and
were turned over to a captain in the United States regular
service. On learning the small force sent on such a duty,
the captain pronounced Gov. Dodge a " fool " for so rash
an act — one that might have proved fatal to aU concerned.

HON. ANDREW B. JACKSON. 227
Manifestly he did not appreciate the stern ideas of the
" old Indian fighter," and iron wiU of the officer in charge.
But the savages knew whom they were dealing with, and
acted accordingly.
The present address of Mr. Hollenbeck is Concord,
Dodge county, Minnesota.
HON. ANDREW B. JACKSON.
Andrew B. Jackson was born at Wolcott, Connecticut,
February 14, 1814. He was the son of Orrin and Han
nah (Frisbie) Jackson. In 1836, he was married at
New Haven, Connecticut, to Miss Mary A. Bassett;
and, in the same year, removed to the west, settHng in
Racine county, Wisconsin, in 1837; from thence to Apple-
ton in 1861; thence to Menasha in 1862; thence to Evan
ston, Illinois, in 1869; and to Rogers' Park in 1875,
where he died, March 25, 1878, aged sixty-four years.
It will thus be seen that Mr. Jackson was a pioneer to
the state, and he has occupied positions of considerable
prominence. In 1846, he represented Racine county in the territorial
legislature; and in 1847, he was a member of the Consti
tutional Convention from the same county. He was alwaj's
in his place, watchful of the interests of his constituents, and
efficient in carrying out their wishes. Soon after the in
auguration of President Lincoln, Mr. Jackson was ap
pointed as register in the land office, at Menasha, in 1861,
a position which he held for several years. In early life,
Mr. Jackson was an active member of the democratic
party, but on the organization of the repubUcan party, or
soon afterwards, he took position in it, and was a valuable
member of that organization. He took a deep interest in
promoting the general welfare of the state of Wisconsin
and its people. He leaves a wife and four children — three
sons and a daughter. Wherever Mr. Jackson had lived,
he was highly esteemed as an upright, straightforward.

228 HON. MILO JONES.
christian gehUeman, and has always been prominently
identified with church interests.
At the reunion of the survivor-s of the Constitutional
Convention in 1878, Mr. Jackson made several brief
speeches. At the evening session, he spoke feeUngly of
the past scenes in the state ; of the work of the convention ;
of the constitution produced by it ; of the prosperity of our
state under the organic law adopted thirty years before;
and of the pleasure he derived on that occasion in meeting
his old friends, those who were identified with the early
history of the territory and state.
As Mr. Jackson was the first one of this gathering of
veterans called to cross the river, his concluding remarks,
being about the last words spoken in the meeting, seem
almost prophetic, and it is eminently proper that they be
published in this connection. He had spoken for some
time on points as above indicated, and with much feeHng
closed his remarks as follows :
Brethren of the Convention : — Most of those with whom we
had the lionor to labor in framing the organic law of the state, have
gone to their reward ! Their life's work is done ! We, lingering here
awhile, on borrowed time, bearing the gathering infirmities of three
score years and more, must soon follow them. With trembling hand and
faltering step, we are nearing the other shore. Ere another decade shall
have passed away, most, if not all of us, will have joined them in the
life beyond, Where they await our coming ! May it not be, that, even
now, though unseen, their pure spirits hovering over this hall, witness
our greetings, with an immo-tal sympathy, unfelt by souls untrans
lated.' May our Heavenly Father, whom we serve, and whose service
is perfect freedom, mercifully give us all a gracious journey down the
remnant of our time, and when it shall be ours to cross to the other
side, grant us there, a blessed reunion, as felicitous and enduring as the
eternal years! HON. MILO JONES.
Among the early settlers of Jefferson county, in this
state, was Milo Jones, who was born at Richmond, Chit
tenden county, Vermont, February 16, 1809. His parents
were Edward and Lucy (Farnsworth) Jones. Until

HON. MILO JONES. 229
1828, Milo remained at home, receiving such education as
was then afforded to farmers' boys. At that time he en
tered a surveyor's office in Burlington, where he spent
four years, devoting special attention to civU engineering.
In 1832, he came west as far as Michigan, returning to
Vermont the foUowing year. He again came to Michigan
in 1834, spending the summer there in surveying, and the
next winter came to Wisconsin, where he had an interest
in a contract for government surveys, extending over sev
eral counties. For two years he was e;nployed in this
work, when, in 1838, he selected the land now including
the site of Fort Atkinson, erected a log cabin, and on the
same spot he has resided ever since. In 1839, he com
menced the dairy business on a small scale, being the pio
neer cheese manufacturer in the state of Wisconsin, which
now ranks among the first in this department. In the early
years of his residence here, Mr. Jones had much experi
ence with the Indians, but managed them with great skill
and bravery.
Mr. Jones was a member of the Constitutional Conven
tion of 1847, from the county of Jefferson, and was active
in framing the organic law of the state. He was not a
speech-maker, but he was an industrious and hard worker,
and his views evinced strong practical common sense.
He served on the committee on general provisions, which
was the largest and most important committee in the body.
He was post-master at Fort Atkinson, during the adminis
tration of President Pierce ; and has held numerous town
and county offices, always discharging their duties with
fideUty and to the satisfaction of his people.
In April, 1832, Mr. Jones was married to Miss Sarah
Crane, of Richmond, Vermont. Of eight children they
have had, five are Hving. Mrs. Jones died in 1872. Mr.
Jones stiU resides at Fort Atkinson, where he ranks
among its most prominent and estimable citizens.

230 HONS. JUDD  KENNEDY  KILBOURN.
HON. STODDARD JUDD.
[Mr. Judd was a member of both Constitutional Conventions. For
sketch, see page 107.] HON. WILLIAM H. KENNEDY.
William H. Kennedy was the son of William and
Jennett (Faires) Kennedy, and was born in PhUadel-
phia, Pennsylvania, in 1809. He received an academic
education, and studied law, but the principal occupation of
life was that of a"lumberman. He was married at Mosinee,
Wisconsin, November 28, 1847, to Elizabeth M. Baker.
He Hved for a time at Mt. CarroU, IlHnois; settled at
Mosinee, Wisconsin, in 1845 ; afterwards moved to Wausau.
In 1847, Mr. Kennedy was elected to the second Con
stitutional Convention from the county of Portage, and
discharged the duties of the position in a manner highly
creditable to himself and satisfactorily to his constituents.
He was a gentleman of fine natural abUities, good cultiva
tion, and strong practical sense. He died in St. Louis,
August 29, 1859. HON. BYRON KILBOURN.
Byron Kilbourn was born at Granby, Connecticut,
September 8, 1801. In 1803, his father. Col. James Kil
bourn, removed, with his own and some forty other fami
lies, and settled on what is now the site of the village of
V/orthington, Franklin county, Ohio. He had good ad
vantages for that day for receiving an education; and at
the age of thirteen, left school and became a clerk in his
father's store. He devoted his leisure' hours to the study
of mathematics, and to the reading of history and the law.
He had no taste for mercantile life, and at the age of six-
^teen abandoned it, and engaged in surveying, which he
followed for many years. In 1833, he undertook the
superintendence of the construction of the Milan ship canal.
In 1834, he landed at Green Bay, having a contract for the

HON. BYRON KILBOURN. 23 1
survey of pubfic lands. The country was then a wilder
ness, and Mr. Kilbourn traveled on horse-back, carrying
aU the necessary articles for camping, etc., with him. Dur
ing his first year in Wisconsin, he visited MUwaukee and
concluded to locate at that point, and made selection of
lands embracing that part of the present city, on the west
side of Milwaukee river. A town was organized on the
west side in 1837, and Mr. Kilbourn was the first presi
dent. His first project was a canal connecting MUwaukee
with Rock river, a matter to which he devoted much en
ergy for several years, as the records of subsequent legis
lation will show. In 1840, Mr. Kilbourn was a candidate
for delegate to congress, but was defeated by Gov. Doty.
In 1845, he was elected to the territorial legislature; and
the year following, Milwaukee became a city, and he was
a member of the first board of aldermen.
In 1847, he was chosen as a representative of MUwaukee
to the Constitutional Convention, and in that body he took
a conspicuous part in committee work and in the debates
of the convention. He was chairman of the committee on
general provisions, and as such, drew up many of the im
portant provisions of the constitution. In 1848, he was
mayor of Milwaukee. In 1849, he became president of the
Milwaukee and Mississippi Railroad Company, which
position he held till 1852. He then engaged with zeal in
the prosecution of the Milwaukee and La Crosse Railroad.
Mr. Kilbourn was again elected mayor of Milwaukee
in 1854. -^^ ^^^ the democratic candidate for United
States senator in 1855. It is claimed that no man in Wis
consin has made so many railroad speeches, or has so often
presided over state and district conventions and other pub
lic meetings, as Byron Kilbourn. , He was a man of
great power both physically and mentally, and did very
much to develop the material interests of the state in its
early days.
In the faU of 1868, Mr. Kilbourn went to Florida for

232 HON. RUFUS KliSTG.
the benefit of his health, where he died suddenly of apo
plexy, on the 1 6th of December, 1870, in the seventieth
year of his age. '
HON. RUFUS KING.
Gen. Rufus King was born in New York city, January
26, 1814. He was the son of Charles KiNG,who was many
years a distinguished editor in New York, and president
of Columbia College from 1849 to 1864; and was the
grandson of Rufus King, who was the first United States
senator from New York, minister to England under
Washington's administration, and was acknowledged, in
the early years of the republic, as an able diplomatist, a
wise and Hberal statesman, a brilliant orator, a genuine
patriot, and a philanthropist of enlarged views and true
insight. Blessed with such an ancestry, the subject of this
sketch possessed the very best early advantages for
obtaining an education, and for becoming well versed in
governmental affairs.
Rufus King graduated at West Point, and was ap
pointed brevet second lieutenant in the corps of engineers,
in July, 1833; he resigned his position in 1836, and became
assistant engineer on the Erie railroad, a position he held
two years. In 1839, he became an editor of the Albany
Advertiser, and on the accession of Hon. William H.
Seward to the executive office in New York, Mr. King
was made adjutant general, and held the place for the suc
ceeding four years-. From 1841 to 1845, he was an asso
ciate editor of the Albany Evening Journal, then under
the general direction of Thurlow Weed. For some
years, Mr. King was commanding officer of the Albany
Burgess Corps, one of the finest military companies in the
state. In 1845, Mr. King located in Milwaukee, and be
came chief editor of the Sentinel, a position he held, with
complete acceptance to the patrons of that paper, untU the
accession of Mr. Lincoln to the presidency in 1861, when

HON. RUFUS KING. 233
he was appointed by the president minister to Rome,
which position he accepted, and was about to proceed to
Italy, when the civil war began, by the bombardment of
Fort Sumter. Having been educated in the mUitary school.
Gen. King felt that his services were due the government in
a miHtary capacity, and, without hesitation, he removed his
baggage from the steamer, and in May, 1861, tendered his
services to the government. They were gladly accepted,
and he was at once appointed a brigadier general of vol
unteers. He served his country faithfully; for a time, in
the defenses of Washington, when he was assigned to tlje
command of what was known as the " Iron Brigade." He
was commander of a division at Fredericksburg, Grove-
ton, Manassas, Yorktown, and Fairfax Court House. In
October, 1863, becoming somewhat enfeebled in health, he
resigned his position in the army, and was re-appointed as
United States minister to Rome, where he remained till
1867, when this mission was abolished.
In the fall of 1847, Gen. King was elected as one of the
representatives from Milwaukee to the Constitutional Con
vention. It is unnecessary to say that a man of his supe
rior ability and extensive knowledge of affairs took a very
active and leading part in the framing of our state consti
tution. He was a member of the committee on executive,
legislative and administrative provisions, and served on
several special committees. Gen. King was not a speech-
maker, never consuming time simply to make a speech,
but he was happy in expressing his views on any subject
in remarkably terse and clear language ; never using un
necessary words. After the inauguration of state govern
ment. Gen. King served as a regent of the university, vis
itor to West Point Academy, and, from 1859 to 1861, was
superintendent of schools in the city of MUwaukee. He
was a man of poHshed and pleasing manners, generous
hearted and patriotic. In aU places and at aU times, he
was the true, refined gentieman, interesting and instructive

234 1^0^- AUGUSTUS C. KINNIE.
in conversation ; a writer of great power and elegance, and
a genial companion and friend.
On the return of Gen. King from Rome, he occupied,
for a time, a position in the New York custom house, untU
a failure of his health compelled him to retire from business,
when he located at EHzabethtown, New Jersey. He died
in New York city of pneumonia, October 13, 1876.
A classmate of Gen. King, in closing a brief sketch of
that gentleman, paid a handsome tribute to his memory in
the following paragraph:
In his more than three score years of life. King filled many spheres
of varied responsibility — engineer, editor, soldier, diplomatist, and others
of less note, and he did honor to them all; but his chief title to remem
brance was his own noble manhood, fervent patriotism, and affectionate
disposition, which enshrined his image in the heart-niches of hosts of
ardent admirers. Few were warmer in their friendships; none more
genial in the social amenities of intercourse; and even in controversy
he gave no vent to acerbity of feeling nor rancor of expression. His
conversation was sparkling, full of sentiment, rich in reminiscence, and
always captivating by its temperate tone and joyous utterance. It was
never thrust upon you; nor were you made to sit under it as receiving a
lecture from one above you ; but his flowing words soothed you with a
calm gentleness, pictured all he said by graphic illustration, and con
vinced more by magnetizing the heart than by capturing the brain. In
writing he had an easy, graceful style, of great purity and elegance; was
just, generous and honorable in all he expressed; and, though often
wielding a partisan pen, his vigorous blows were given with the mace
of a templar knight. It was not within the possibilities of his noble
nature to willingly wound a friend, and even for the bitterest foe he
always had Christian charity. Ever
"He kept his temper'd mind, serene and pure.
And ev'ry passion aptly harmonized,
Amid a jarring world."
HON. AUGUSTUS C. KINNIE.
Augustus C. Kinnie was born in Norwich, Chenango
county. New York, December 3, 1808. He received an
academic education. His general occupation was that of
a teacher and farmer. He settled in the town of Troy,

HON. GEORGE W. LAKIN. 235
Walworth county, in June, 1838, and both previous to and
after his election to the Constitutional Convention in 1847,
held several positions of public trust, both town and
county. In 1853, he married Cecilia Rosenkrans.
His services in the convention, while not conspicuous,
were valuable and useful, and evinced a thorough appreci
ation of the great work in hand, and an honest zeal to lay
the foundations of the new state on the broad basis of jus
tice and equality.
His after career seems to have been uneventful. He
died in the town of Sugar Creek, Walworth county, Jan
uary 23, 1863. HON. GEORGE W. LAKIN.
George W. Lakin was born in Harrison, Cumberland
county, Maryland, March 29, 1816. He was edugated at
the Wesleyan Seminary, at Readfield, Maine, graduating
in 1837. In the same year, he. taught school in Livermore,
Maine, boarding in the family of Israel Washburne,
father of the noted family of congressmen by that name.
He commenced the study of law in 1838, at Readfield
Corners; came to the west in 1839, spent some time in
Missouri, and was admitted to the bar of that state in
1841. After admission to the bar, he came at once to
Wisconsin, and opened an office at Platteville, Grant
county, in the same year.
In 1847, Mr. Lakin was elected as a representative from
the county of Grant to the Constitutional Convention, and
in that body served on the committee on banks, banking
and incorporations. He took prominent part in the dis
cussions in the convention, speaking upon many of the
most important subjects before it. He had a strong mind,
highly cultivated, and, possessing an excellent voice, his
speeches were always Hstened to with marked attention.
In 1848, he was elected a member of the state senate, in
which body he served two years, ranking among the

236 HON. CHARLES HENRY LARKIN.
ablest men in it, and was valuable and useful in shaping
the affairs of the state government.
He was appointed United States district attorney for
Wisconsin, in 1849, by President Taylor, and held the
office tiU the close of Mr. Fillmore's term in 1853, dis
charging the duties of the position with marked abiHty
and fideUty to the interests of the government. In 1854,
Mr. Lakin removed to the city of Milwaukee, where he
has ever since devoted his time to the practice of his pro
fession. His health for some years has not been good.
He StiU resides in Milwaukee, an honored member of its
bar. HON. CHARLES HENRY LARKIN.
Charles Henry Larkin was born in the village of
Stonington, Connecticut, May 12, 1810; was educated in
public and private schools, and pursued an academic course;
is by occupation a farmer and real estate broker; he re
moved from Connecticut with his parents, to Alden, Erie
countyyNew York, in 181 5, and worked on a farm untU
sixteen years of age ; from that time until coming west, he
was engaged in mercantile pursuits, reading law a portion
of the time; he came to Wisconsin in 1836, and settled at
Milwaukee; was elected sergeant-at-arms of the territo
rial legislative assembly in 1845 ; chosen a member of the
second Constitutional Convention which framed the present
state constitution, in 1847. He did not take prominent
position in the convention, but was in constant attendance
and exercised strong sense in his advice and action. Being
of an extremely genial nature, no man was more popular
with his associates than was Mr. Larkin. He was ap
pointed county treasurer ; appointed pension agent by Pres-
^ident Buchanan, and served four years ; was elected sheriff
of MUwaukee county in i860, and served two years;
served four years as school commissioner, and has been one
of the commissioners of pubfic debt of MUwaukee for five
years; was elected state senator in 1865, and re-elected in

HON, CHARLES H. LARRABEE. 237
1867; on the breaking out of the rebelHon, he received a
colonel's commission, but did not serve, but took a decided
stand for the Union, urging the people from the first to lay
aside political differences and fight for the Union; was
elected to the assembly in 1871, and appointed by Gov.
Fairchild a member of the state visiting committee.
Mr. Larkin is still a prominent resident of Milwaukee,
and although seventy years old, is active in discharging his
duties as a citizen. He has ever taken pride in the city of
his adoption in the west, and has exhibited a lively interest in
its growth and prosperity. He has been a resident of
Milwaukee from its earliest days, and has witnessed every
step in its progress to its present position among the great
cities of the country. Mr. Larkin has an extensive ac
quaintance in the state, and is a general favorite in all circles
in which he moves; genial, cordial, warm hearted, he
makes friends wherever he makes acquaintances.
HON. CHARLES H. LARRABEE.
Charles H. Larrabee was born in Rome, Oneida
county. New York, November 9, 1820. His ancestral
record is thus stated: Paternal — Rev. Charles Larra
bee, descendant of a Huguenot pastor who escaped from the
massacre of St. Bartholomew in France, and landed at
Baltimore, Maryland, with a few of his surviving flock.
Maternal — Descended from John Haynes, colonial gov
ernor of Massachusetts, and then of Connecticut, and
Joshua Hathaway, one of six brothers who carried
muskets side by side at the battle of Bennington, and who
was selected to remove the first spadeful of earth at the
commencement of the Erie canal.
Mr. Larrabee had an academic education, and was by
profession an attorney at law. He was married to Mi
nerva Norton, at Chicago, IlHnois, May 13, 1846, having
previously resided at Cincinnati and Springfield, Ohio.
He was city attorney of Chicago in 1846; settied in Dodge

238 HON. HOLLIS LATHAM.
county, Wisconsin, March 10, 1847, and was elected a
member of the second Constitutional Convention the same
year. In this body, he served upon the committee on gen
eral provisions, comprising preamble, boundaries and
admission of the state, suffrage and elective franchise,
internal improvements, taxation, finance and pubHc debt,
militia, eminent domain, biU of rights, etc., and through
out, took a leading and prominent part in its deliberations.
After the state was organized, he was elected and for
ten years served as judge of the third judicial circuit ; was
elected a member of the thirty-sixth congress ; and in 1878,
in his new home on the Pacific coast, was elected a mem
ber to frame a constitution for a new state out of the terri
tory of Washington.
His miHtary record was equaUy brilliant and useful. ? He
enfisted as a private in the first Wisconsin regiment; was
major in the fifth, and colonel in the twenty-fourth, serv
ing on the peninsula under Gen. McClellan, and in Ten
nessee under Rosencrans.
The pubfic career of Mr. Larrabee, both in Wisconsin
and elsewhere, has ever been in the highest degree honor
able and useful. He has proved himself a gifted states
man, an able and popular judge, and his military record
was in all senses patriotic and noble. So long a career in
various departments of pubHc fife is achieved by but very
fev^, and the bare enumeration is in itself the highest eulo-
gium that could be paid to his merits.
He has resided on the Pacific side of the continent for
many years, at divers places, but has finally settled per
manently at Seattle, Washington territory. If his Hfe is
long spared, it is but reasonable to expect that even higher
civil offices are in store for him.
HON. HOLLIS LATHAM.
Hollis Latham was born in Northfield, Washington
coUnty, Vermont, enjoyed a common school education, and

HON. JAMES T. LEWIS. 239
was by profession and occupation a farmer. He removed
to MUwaukee in 1836; settled in Elk Horn, Walworth
county, February 27, 1837; was married to Lemira
Bradley in April, 1838; and for a long period endured
all the vicissitudes and hardships of pioneer Hfe.
He was elected a member of the Constitutional Conven
tion in 1847, serving on the committee on executive, legis
lative and administrative provisions, and was noted for the
fidelity with which he discharged every duty.
Like most early settlers, Mr. Latham has filled many
important local positions, among which we note clerk of
county supervisors, for eight years ; county treasurer, three
years; justice of the peace, sixteen years; county superin
tendent of the poor, twenty-four years ; trustee of Wiscon
sin institute for deaf and dumb, nineteen years; member
of assembly in 1862, besides numerous minor town offices.
In a long, active and useful career, he has filled every sta
tion acceptably and with scrupulous fidelity, and the uni
versal verdict is, " well done, good and faithful servant."
His public as his private record is equally noted as unblem
ished and without reproach.
HON. JAMES T. LEWIS.
James T. Lewis was born in Clarendon, Orleans county.
New York, October 30, 1819. His father was Shubal
Lewis, and the maiden name of his mother, Eleanor
Robertson. He enjoyed an academic education, and for
many years followed the profession of law, but of late
that of a farmer; settled at Columbus, Wisconsin, in the
summer of 1845, and was married, July 23, 1846, to Oliva
M. Sturges.
Mr. Lewis held the office of district attorney, judge of
probate, and court commissioner, previous to his election
as a member of the Constitutional Convention, in 1847, at
the age of 28. In that body, he served on the committee
•on schedule and other miscellaneous proceedings; but, as

240 HONS. F. S. LOVELL — S. W. LYMAN.
the record shows, took a prominent part in aU its most
important labors; was not a frequent, but a good speaker,
and was in every sense an intelHgent and useful member.
In 185 2, "Mr. Lewis was elected a member of assembly;
in 1853 to the senate, and in 1854 Heutenant governor, after
which he resumed his profession, until 1861, when he
served one term as secretary of state; and in 1863, was
elected governor, and held that position from January i,
1864, to December 31, 1866.
Gov. Lewis held the executive office during a very crti-
ical period of the great war of the rebeUion, and has left
a record of exalted patriotism and zeal for the cause of
national union, worthy alike of himself and of the state
he so well represented. As all this has in its detaU already
passed into history, it is necessarily omitted in this sketch.
Suffice it to say, that in every public position held by him,
of all grades, the duties have ever been acceptably and
honorably discharged. In a long career of usefulness he
has ever preserved the love and respect of all parties, and
borne a character for uprightness and integrity which no
one has ever ventured to assail. Ever a high minded and
worthy citizen, a wise counselor, and reliable friend to aU
about him, he seems to have inherited by natural impulse
the sympathies and good will of every one; and this feel
ing has in no manner abated since his retirement. That he
may long survive to witness the fruits of public labors in
which he so largely and conspicuously participated, will be
the heart-felt praj^er of every one who knows him.
HON. FREDERIC S. LOVELL.
[Mr. Lovell was a member of both Constitutional Conventions. For
sketch, see page 113.] HON. SAMUEL W. LYMAN.
Samuel W. Lyman was born in Massachusetts in the
year 1796. He was among the first settlers in Hustis-
ford,- Dodge county, and foUowed farming as a usual-

HON. morgan L. martin.

241

avocation. In 1847, he was elected a member of the
Constitutional Convention, and, without achieving special
prominence, was regarded by aU his associates as an intel
ligent and valuable assistant. He seems to have avoided
pubHc Hfe after the state organization, unless perhaps in
local position, foUowing his ordinary pursuits in quiet,
without ostentation or ambition for place. He was in aU
senses a worthy and useful citizen, kind neighbor and val
ued friend. He died some twelve or fifteen years ago, but
the date has not been furnished.
HON. MORGAN L. MARTIN.
Morgan L. Martin was one of the most conspicuous
and distinguished among that band of pioneer settlers who
early gave a national reputation to Wisconsin. He was
born in Martinsburg, Lewis county. New York, March
31, 1805, and graduated at Union College, New York, in
1824, following the same by a thorough legal education.
In 1826, he removed to Detroit, Michigan, and the next
year settled at Green Bay, where he has ever since resided.
In 1831, he was elected a member of the legislative
councU of Michigan, serving until 1835. In 1838, he was
elected to the territorial council of Wisconsin, and served
continuously through all sessions to 1844. In 1845, he was
elected as territorial delegate to congress for two years.
On the faUure of the first constitution to be ratified by
popular vote in 1846, he was elected a member of the
Constitutional Convention in 1847, and was chosen presi
dent of that body. As he, in this position, appointed all
committees in connection with other duties, his record is
less marked in some respects than that of some others ; and
yet the part he took in debate and upon the floor was in
the highest degree creditable, and materially guided the
deliberations and conclusions of the convention. His re
marks on exemption, internal improvements, banking, pub
lic lands, judiciary, boundaries and miscellaneous provisions
16

242 HON. MORGAN L. MARTIN.
are especially noticeable for vigor, directness, profound
legal learning, personal knowledge of the subject matter
of debate, and natural bearing upon the future of the new
state. He was especially distinguished in presiding, for
uniform dignity and courtesy, and merited, as he received,
the highest testimonials of respect from aU his associates.
In 1855, he was elected a member of the assembly, and
in 1858, to the senate. In 1861, he was appointed pay
master U. S. A., serving untU the suppression of the
rebeUion in 1865. In 1873, he was again elected to the
assembly. Throughout a pubHc career of great and unusual length,
covering much more than the whole period of Wisconsin's
local annals, Mr. Martin has borne an eminent and dis
tinguished part, and it is but faint praise to say, as the
united testimony of aU, both associates and citizens, that it
has been one of honor, uprightness and dignity, — reflect
ing the highest credit not only upon himself but upon
those so ably represented. To great natural abilities, he
added the matured results of profound research, and a
wide range of intellectual culture, enriched by a personal
experience which few indeed, even among pioneers, had
opportunity to enjoy. Although representing a party, he
was never a partisan, and it is a pride to record, was ever
more of a patriot than politician. His miHtary services,
although less showy, were in no sense less important than
his civil career, even if forgotten, as is the case with so
many others who periled health and life in defense of
national union. At home among personal acquaintances,
no citizen ever stood higher in public estimation, or had
warmer friends. His whole career has been above suspi
cion as above reproach. Old age finds him surrounded by
universal respect and reverence for years and wisdom, —
the benefactor of multitudes, the friend of all. That he
may long survive to witness the maturing work in large
part of his own genius and labors, is the earnest hope of

HON. SAMUEL R. MC CLELLAN. 243
aU, and especially of those who have enjoyed his more
intimate acquaintance. HON. SAMUEL R. MC CLELLAN.
Samuel R. McClellan was born in the town of Cole-
raine, Frankfin county, Massachusetts, March 19, A. D.
1806. His father, Capt. Robert McClellan, was a son
of Col. Hugh McClellan, a soldier of the revolution.
His mother, Sarah Todd Duncan, was born in London
derry, New Hampshire, a daughter of George Duncan,
one of the early settlers of that town. The death of his
father before he was five years old was a great blow to
his mother, who was left with five children — three girls and
two boys — of whom he was the elder. At the age of nine
years he went to live with an uncle, his father's brother,
John McClellan, M. D., who proved a second father to
him. At an early age he commenced the study of medicine
with his uncle, and in 1826, attended medical lectures in
Boston. He returned to Columbia county. New York, the
residence of his uncle, with whom he studied in the spring
of 1827, and soon after was licensed to practice medicine
by the medical society of that county. After practicing
with his uncle a year and a half, he removed to the village
of Claverack, seven miles from his uncle's residence, where
he remained two years and a half. In the fall of 1830, he was
married to Catharine Garner, orphan daughter of Mar
tin Garner and Cynthia Huyck Garner, of the town of
Ghent, Columbia county. Soon after his marriage he
went back to the village of Johnstown, the residence of his
uncle, and practiced with him five years. In the spring of
1836, he removed to the city of Hudson, and very soon ac
quired a full practice, and in the spring of 1839, "^'^^ compli
mented with an honorary degree from the Jefferson Medi
cal CoUege of Philadelphia ; was president and censor of the
medical society of Columbia county several years, and

. 244 HON. WILLIAM MC DOWELL.
served four years as delegate to the medical society of the
state of New York. After eighteen years of hard labor
in his profession, he felt that he was wearing out and. a
change of some kind seemed absolutely necessary for him,
and having a family of four sons and three daughters, he
decided to emigrate to the west. He landed at South-
port (now Kenosha), July 5, 1845. Here he rested a few
weeks to recruit his health, and in the fall of the same year,
he began to improve his farm in the town of Wheatland
(now RandaU), and moved on it the foUowing winter.
In the faU of 1847, he was elected from the county of
Racine a member of the Constitutional Convention which
formed the ^constitution of this state. He served on the
committee on the judiciary, and was an intelligent, hard
working and highly respected member of the convention.
He early interested himself in agricultural pursuits, and
served three years as president of the agricultural societ}'
of Kenosha county; was elected senator of the eighth
senatorial district in the fall of 1857, and served with great
acceptance to his people during the regular term. He
afterward removed to the city of Kenosha and practiced
his profession nearly nine years, when he again retired to
his farm, where he now resides. His post-office address
is WUmot, Kenosha county, Wisconsin.
Dr. McClellan is still engaged in the practice of his
profession, and is deemed a very skillful physician. As a
citizen, he stands very high with his people. He is now
(1880) in the seventy-fifth year of his age, but retains both
his mental and physical vigor in a remarkable degree.
His Hfe has been a long and a busy one, that has been of
great usefulness to the world.
HON. WILLIAM MC DOWELL. .
The father of Mr. McDowell, also named William,
was born in the county of Cavan, Ireland, February 4,
1762, and was married to Rachel McClintock, a native

HON. EZRA MULFORD. 245
of CarHsle, Pennsylvania, June 29, 1795. Her father held
a captain's commission during the war of the revolution,
in which he served on the colonial side. William Mc
Dowell was born in Newton, Frederick county, Vir
ginia, March 27, 1805; received a common school and
academic education, and was by profession a farmer. He
married Ann E. Clingman, of Sciota county, Ohio, Jan
uary 5, 1830, from whence the family removed to Wiscon
sin, and settled in Clarno, Green county, in June, 1842.
He has fiUed various local positions of importance; was
county treasurer, town clerk, superintendent, and, for a
period of twenty years, clerk of school district.
Mr. McDowell was elected to the second Constitu
tional Convention in 1847, and served in that body on the
committee on general provisions, which embraced many
of the most important articles in the constitution. He
took part in the general debates, but was not specially
prominent. He was a gentleman of courteous and affable
address, retiring arid modest demeanor, possessed of strong
native sense, and of excellent culture, and his work was
weU and conscientiously done. In 1880, Mr. McDowell,
then seventy-six years of age, was appointed one of the
census enumerators for the town of Clarno, Green county,
and performed aU the duties of the position on foot, visiting
every family in his town ; and he wrote up his own report
without the use of spectacles. His work was weU and
promptly done, showing that in his old age he retains both
mentally and physically the vigor of middle age. In a
long career of pubHc usefulness, Mr. McDowell has
uniformly enjoyed the respect and esteem of all who
know him. He is a pure, upright and honest man. His-
post-office address is Monroe, Green county.
HON. EZRA MULFORD.
Ezra Mulford was a native of the state of New York,
born in 1804, and a physician by profession. He was

246 iHONS. CHAS. M. NICHOLS  JONH o'CONNOR.
elected from Walworth county to the second Constitutional
Convention, in 1847, and served in that body on the com
mittee on general provisions, but took no prominent part
in the proceedings. He was a gentleman of pleasing
address, good cultivation, of retiring habits, and decided
abUity. No record has reached the committee as to his
after career. He died several years ago.
HON. CHARLES M. NICHOLS.
Charles M. Nichols was born in Albany, New York,
in the year 1800, and located on a farm in Cottage Grove,
Dane county, about 1845. He was liberally educated.
His general occupation was that of a teacher and mer
chant. He was elected a member of the second Constitu
tional Convention, in 1847, in the proceedings of whith he
took a useful, but in no sense prominent, part. A few
years later, he removed to Onalaska, La Crosse county,
following mercantUe business until his death, which occurred
about the year 1869.
Mr. Nichols was widely known in Dane county, both
as a farmer and merchant, and ever enjoyed the confidence
and esteem of all who knew him. It is not known that he
held any office or official position of any kind after the
state was organized. HON. JOHN o'CONNOR.
John O'Connor was born in Bedford county, Pennsyl
vania, October 16, 1814. He was brought up on a farm,
and resided in his native place till the fall of 1844, when he
was appointed, by the canal commissioners of the state,
'superintendent of the weighing department,' on the AUe-
gheny Portage Railroad, at HoUidaysburg. He continued
in charge of that department until the fall of 1846, when
he resigned the office, and came to Wisconsin, locating at
ShuUsburg, La Fayette county. In 1847, he was elected
as a member of the second Constitutional Convention from

HONS. PENTONY  PRENTISS  RAMSEY. 247
La Fayette county, and in that body discharged his duties
in a manner highly creditable and useful. While not
taking a distinguished part, his strong native sense, keen
intellect, and uprightness of character, secured the esteem
and confidence of his associates. He died March 29, 1854.
HON. PATRICK PENTONY.
Patrick Pentony was elected a member of the second
Constitutional Convention from Mequon, Washington
count)'. He was born in Ireland, and at the time of taking
his seat, was thirty-five years of age. Of singularly modest
and unassuming demeanor, he took no other part in the pro
ceedings than recording his vote upon the various proposi
tions upon which the body was caUed to pass. He died a
few years after the state was organized. The committee
have been unable to obtain any detaUs of his personal or
family record. HON. THEODORE PRENTISS.
[Mr. Prentiss was a member of both Constitutional Conventions.
For sketch, see page 132.]
HON. ALEXANDER D. RAMSEY.
Alexander Dinwiddie Ramsey was born in Ken
tucky, November 28, 1803. He was related to the famous
Dinwiddie family of Virginia. He settled in the Upper
Mississippi, near Dubuque, in 1825; was a soldier in the
Black Hawk war in 1832. He has been a resident of
Cassville, Wisconsin, for over fifty years, and has ever
lived an exemplary life, honored and respected by all who
knew him. He was often called to fill places of public
honor and trust by his people. He was a member of the
Constitutional Convention of 1847, representing Grant
county. He was one of the quiet working members of
that body — never making speeches ; but his advice on
measures was deemed of value, as coming from a man of
inteUigence and extensive experience, actuated by an integ-

248 HON. HARRISON REED.
rity of purpose in all things. He died at his residence in
Grant county, July 17, 1878, in the 75th year of his age.
' HON. HARRISON REED.
Harrison Reed was a son of Seth and Rhoda Reed,
born in Littlefield, Middlesex county, Massachusetts, Au
gust 26, 1813. He enjoyed the advantages of a common
school and printing office education, and was by profession,
generally, a printer, editor, and farmer. He settled in Mil
waukee in 1836, and soon after became connected with its
first newspaper, both as p. compositor and writer. He
removed to Madison in 1841, and thence to Menasha, in
1843, where he published a paper for some years, at a
later date. In AprU, 1840, he was married to Ann Louisa
Turner, of Prairieville (Waukesha), daughter of Joseph
and Mary G. Turner, former residents of Oswego, New
York. She died in September, 1862. He married as a
second wife, August 10, 1869, Chloe Merrick, of Syca
more, New York.
In 1847, Mr. Reed was elected to the Constitutional
Convention, and served in that body on the cornmittee on
general provisions, which embraced many of the principal
articles under consideration. He was an active, useful
and intelHgent member, and took part in general debate on
a variety of propositions submitted for consideration. He
remained in the state, a part of the time connected with
the press, untU 1862, when he was appointed, by President
Lincoln, tax commissioner for Florida. In 1865, he was
appointed special agent of the post-office department for
that state and Alabama. In May, 1868, he was elected
governor of Florida, and occupied that position until Jan
uary 8, 1873. In 1878, he was elected a member of the
assembly of Florida for two years.
The pubHc career of Governor Reed has been a long,
varied, and unusual one, even in pioneer experience. He
has passed successively through aU grades of privation and

HONS. JAS. D. reymert  WM. RICHARDSON. 249
labor; witnessed the development of the whole northwest;
and the same might almost be said of his southern home.
The boy type-setter in time became an editor, law-maker,
and executive of a state. He was possessed of a versatUe
genius, guided by inteUigence, a strong will, and honorable
ambition. His success has been far beyond the average of
men, achieved step by step, by laying hold of favorable op
portunities. He is still in the enjoyment of vigorous health,
and a promising old age. His post-office address is Jack-
sonviUe, Florida. HON. JAMES D. REYMERT.
James D. Reymert was born in Norwaj^, in 182 1, and
at the time of his election to the second Constitutional
Convention, in 1847, from Racine county, was an editor bj^
profession. He served in that body on the committee on
general provisions, embracing a large number of the most
important articles engrafted into the constitution, but he
took but small part in the proceedings. In 1849, he was
elected a member of assembly. Subsequently, he removed
to the northwestern part of the state, and at a later period
to the city of New York, where all trace of him ends.
Mr. Reymert started the first Norwegian newspaper
in the northwest, if not in America. He was a man of
active habits, cultivated mind, strong will, and zealous in
affairs of business. His career for many years past has not
been within reach. He is now understood to be a resident
of the city of New York,
HON. WILLIAM RICHARDSON.
William Richardson was a native of Ohio, born in
1806, and a farmer by profession. He was elected a mem
ber of the second Constitutional Convention, in 1847, from
Jamestown, Grant county, but took no prominent part in
the proceedings. In 1852, he was elected to the legisla
ture as an assemblyman, and was chosen by that legisla-

250 HON. ELEAZER ROOT.
ture commissioner of the Fox and Wisconsin Improvement
Company. Shortly after, he removed from Grant county,
and resided several years at Madison. The last heard of
him, he was located in Upper Canada. He was possessed
of strong native sense, sterling worth, and ever highly
esteemed by all who know him.
HON. ELEAZER ROOT.
The father of Mr. Root was a native of Connecticut, a
physician by profession, and a descendant of Thomas
Root, who emigrated from England at an early period
and settled at Northampton, Massachusetts. Eleazer
Root was born in the town of Canaan, Columbia county,
New York, March 6, 1802. After preHminary education,
he entered Williams College, Massachusetts, and graduated
in 1821. In 1824, he was admitted to the bar of the su
preme court of New York, and continued the practice of
law untU 1830, when ill health requiring a milder climate,
he removed to Virginia, and remained in the south until
1845. He then returned north and located at PrairieviUe
(now Waukesha).
Having been largely connected with academic and col
legiate education after leaving New York, and previous to
locating' in Wisconsin, Mr. Root turned his attention at
once to the establishment of the coUege, now known as
Carroll College, of which he was one of the chief promot-
. ers and founders. In 1847, he was elected a member of
the second Constitutional Convention from the county of
Waukesha, and served in that bod}' on the committee on edu
cation and school funds. He was the author, substantially,
of the educational article in our present state constitution,
as well as of that providing for the founding and organiza
tion of the state university. He took no prominent part in
the proceedings outside of educational affairs, but upon
that subject his speeches were forcible and decisive.
In 1848, by the unanimous approval of both poHtical

HON. ELEAZER ROOT. 25 1
parties, he was elected superintendent of public instruction,
to put in force the constitutional plan of his own creation,
and in 1850, was re-elected by unanimous vote to the
same position. He first organized and put into practical
operation the common school system of Wisconsin, which
had previously been without head and in almost a chaotic
condition. He also, as a regent, took part in the founding
and commencement of our state university, of which he
was ever a patron and devoted friend. He may almost be
said to be the father of our entire educational system as it
now exists, since his advice and public recommendations
cover aU the ground now occupied. If his achievements
were less than his ambition to excel, it was owing to the
adverse conditions of new settlement, a diverse and isolated
population, and lack of public sentiment to carry out his
plans and purposes.
On retiring from the office of superintendent, he was
elected a member of the assembly from Marquette county,
to which he had removed ; and also served continuously in
the board of regents of the university until 1853, when iU
health again forced a return to a more southern latitude.
Having taken orders in the Protestant Episcopal Church,
he is now, and has for a long period been, rector of Trin
ity Church at St. Augustine, Florida.
Mr. Root has been twice married. The maiden name
of his first deceased wife was Hannah Dayton, of Hud
son, New York. That of the second, was Laura Jenkins,
of the city of New York, now deceased.
Mr. Root was a gentleman of distinguished abilities,
highly educated, dignified in address, of earnest and honest
purpose, to whom the educational field was, of all others,
at the time, the one most attractive, and to whose im
provement his whole mind was enUsted. He filled
the most important, if less showy, position of aU our
public men in pioneer days, and the monument of use
fulness he erected wiU ever remain a chief land-mark

252 HON. JOHN HAWKINS ROUNTREE.
in our history — the one whose bless'ings wiU endure for
aU time. HON. JOHN HAWKINS ROUNTREE.
The ancestral record of this eminent and venerable
pioneer settler is as foUows: His great-grandfather, Ran
dall Rountree, emigrated from Ireland in 1720, and
settled in Virginia, where he resided until his death. His
grandfather, Thomas Rountree, removed from Virginia
to the vicinity of the Mammoth Cave, Warren county,
Kentucky, in 1795, with his family, in which he remained
until he died. John Rountree, his father, also settled in
the same place, which was his residence until his decease.
John H. Rountree was born in the same locality, March
24, 1805. He received an education which he describes
as " very common'school " — the schoolhouse being com
posed of unhewn logs,- with holes cut for windows, and
the primitive fire-place for heating purposes. His principal
occupation during life has been farming, although many
years were devoted to lead mining and smelting.
Maj. Rountree removed from Kentucky to HiUsboro,
Montgomery county, lUinois, in February, 1824, where he
was appointed a deputy sheriff, and served as such until he
reached his twenty-first year, when he was elected sheriff,
a position that he resigned when he emigrated to Wiscon
sin in 1827. May 24th of that year he reached New
Diggings (now in La Fayette county), remaining until
November, -when he settled at PlatteviUe, in what is now
Grant county, where he has ever since resided, a period of
fifty-three years. August 7, 1828, he married Mary
Grace Mitchell, of Galena, Illinois, and the next day
removed to his log cabin in Wisconsin. Mrs. Rountree
died in 1837. September 3, 1839, he was again married
to Miss Lydia H. Southworth, of Platteville.
The numerous public positions held by Major Roun
tree are the best evidence of his high standing among
his neighbors, for a period of over half a century. In

HON. JOHN HAWKINS ROUNTREE. 253
May, 1826, he was commissioned as major of Illinois mili
tia, and the same year elected sheriff of Montgomery
county, in the same state. In 1829, he was appointed post
master at Platteville, and several times re-appointed; also
the same 3'ear appointed and commissioned justice of the
peace for Iowa county, Michigan, of which Wisconsin was
then a part, there being then but three counties within its
present limits. In 1832, he was elected captain of a com
pany of mounted volunteers, enlisted to serve in the Black
Hawk war. In 1834, he was appointed chief justice of the
county court of Iowa county, by the governor of Michigan,
which position he held until the territory of Wisconsin was
organized, in 1836. In 1837, he was appointed judge of pro
bate of Grant county, which was organized that year. In
1839, he was commissioned as aid to governor, with rank
of colonel. In 1838, he was elected a member of the ter
ritorial council for four j^ears, and in 1842 was re-elected
to the same position, for the same term. In 1847, he was
elected a member of the Constitutional Convention, serv
ing in that body on the committee on general provisions,
which embraced a large number of the most important
articles under consideration, as well as upon several select
committees. In 1850, he was elected to the state senate,
and, in 185 1, appointed a regent of the state university.
In 1853, he was appointed major general of militia of the
second division of Wisconsin. In 1857, he was appointed
postmaster of Platteville; in 1863, was elected a member
of assembly; and, in 1866, again elected to the state sen
ate; thus having served in the territorial and state legisla
tures longer than any other citizen.
This lengthy recital of honors and official positions bears
upon its face the highest testimonial that could be fur
nished of the unbounded esteem and confidence of the
communities in which he has Hved, in the sterling worth,
integrity and abiHty of this veteran representative of pio
neer times.

254 ^°^" HORACE T. SANDERS.
Among early experiences in Wisconsin, it is deemed
worthy of note that Gen. Rountree built the first lead
smelting furnace within the limits of what is now Grant
county, and celebrated his first Fourth of July, 1827, on the
central mound of the three Platte mounds. When he
located in the territory, Wisconsin had but two counties,
Brown and Crawford, and these were a part of Michigan.
He has been a witness of the whole growth of the north
west; took part in an Indian war; seen the aboriginal
tribes disappear; the surveys that mapped about aU the
country into geographical divisions ; the commencement of
white settlement, and its advance and increase ; the begin
ning of every existing town, city and village, except two
or three military posts ; aU the mighty changes and im
provements, indeed, that in fifty years have converted this
great and uncivilized wilderness of nature into a powerful
state, with its population of a million and a half of intelli
gent, thrifty and free people. Such an experience is the
lot of but few. Gen. Rountree may well be regarded
and venerated as a land-mark between the past and pres
ent, who has Hved over the whole term of our local history,
and, by personal connection, largely assisted in making it.
HON. . HORACE T. SANDERS.
Horace T. Sanders was born in Sheldon, Genesee
county. New York, May i, 1820. ^ He received a collegiate
education, and was by profession a lawyer. In May, 1842,
he settled at Racine, Wisconsin, and was soon after elected
district attorney for the county, a position he held for many
years under both the territorial and state governments.
March 4, 1848, he was married to Eunice Went worth.
He was elected a member of the Constitutional Conven
tion in 1847, and served in that body on the committee on
general provisions, which embraced the consideration and
preparation of many of the most important articles in the
new constitution. He took a prominent part in the gen-

HON. GEORGE SCAGEL. 255
eral debates and proceedings of the body, and by his
thorough legal training, education and inteUigence, ren
dered very useful and valuable services. Mr. Sanders
served as a member of the assembly from Racine, in 1853,
and took a prominent part in the proceedings of that body.
He was chairman of the committee of managers in the
trial of the impeachment of Judge Levi Hubbell, and
was a leading representative of the assembly before the
high court of impeachment.
In 1862, he was appointed colonel of the 19th Wisconsin
regiment of infantry, and was assigned for service to the
i8th army corps. Among other duties he was appointed
provost judge of the city of Norfolk, Virginia, and a
brigadier general by brevet. The fatigues and hardships
of several campaigns in the field, with consequent expo
sure, proved too much for his physical constitution. He
died from injuries received and excessive labor, on the 6th
of October, 1865, having lived long enough to witness the
final triumph of the union cause.
Mr. Sanders was a gentleman of decided abilities,
forcible and ready in debate, highly cultivated, of wide
and varied reading in both law and literature, affable and
courteous, and highly respected by all. Like so many
others of our most eminent citizens, he vindicated his
patriotism and love of country by laying down his life for
it, having been worn out in its military service. His record
and career were alike noble and honorable.
HON. GEORGE SCAGEL.
The grandfather of Mr. Scagel was of English de
scent, born October 25, 1736. His wife, Rachel Lee,
was of Scotch descent, and was born January 30, #733
(O. S). His father was George Scagel, of Maine, born
October 8, 1765, who married Sally Pierce, said to have
been a relative of President Pierce, who was born June
2, 1767. The family removed to Vermont, and were

256 HON. MORITZ SCHCEFFLER.
among its earliest settlers. George Scagel, the subject
of this sketch, was born in Waterbury, Vermont, Decem
ber 29, 1798. He received a common school education,
and adopted farming as a profession. May 2, 1819, he
married Deborah Hunkins. The family removed to
New Berlin, now in Waukesha county, in May, 1846.
Previous to removing from Vermont he had filled the
office of justice of the peace for several years, occupying
an office with Paul Dillingham at the time that Hon.
Matt. H. Carpenter commenced his legal studies in the
same office.
Mr. Scagel was elected to the second Constitutional
Convention in 1847, from Waukesha county, and served
in that body as a member of the committee on general pro
visions, which embraced a great number of articles. He
took only a small part in general debate, but was regarded
as a useful member, much respected by all. It is recorded
of him, under the head of "experiences, humorous or
otherwise," that before his nomination, the new settlers got
together and discussed the matter, when they found that
he was the only citizen of the town who possessed a suit
of clothes good enough to be seen in such a body as the
convention, and, to save some one else from the expense of
purchasing the needful outfit, it was decided that he was
the proper person to send as delegate ! The story is good
enough to record, even if it should turn out not Hterally
true. Mr. Scagel died at his home in New Berlin, August
30, 1850. His wife died in June, 1877, aged eighty years.
HON. MORITZ SCHCEFFLER.
Moritz Schceffler was born at Zweibrucken, in the
Bavarian Palatinate of the Rhine, March 8, 1813. His
parents' names were Conrad and Dorethea Schceffler.
After receiving a fair education, he learned the art of
printing, which was the foundation of his future success

HON. MORITZ SCHCEFFLER. 257
and eminence. After pursuing his calHng with marked
success in various places in his native country, Mr. Schcef
fler concluded to try his fortune in the new country, and
he arrived in New York on the 8th of September, 1842.
He spent a short time in the cities of Philadelphia, Pitts
burgh, Cincinnati, LouisviUe, St. Louis, Jefferson City, and
other points, working at his trade, and arrived in Mil
waukee early in the year 1844, bringing with him the type
for a small German printing estabUshment, which place
was ever afterwards his home. On the 7th of September,
1844, he brought out the first number of the Wisconsin
Banner, the first German paper ever published in the then
territory of Wisconsin. The new paper took strong
ground in favor of the admission of Wisconsin into the
Union. In 1845, Mr. Schceffler was elected the first
German school commissioner in Milwaukee. In Septem
ber, 1847, the semi-weekly Banner was established; and
in November of that year, he was elected as a representa
tive of Milwaukee county in the convention to frame a
state constitution. He was an able and active working
member of the convention; he drafted and advocated
many of its liberal features, among others, that relating to
the elective franchise. He was a true American in feeling,
and exerted aU his influence in endeavoring to induce his
old countrymen to settle in this country. On the 12th of
January, 1850, the Banner appeared as a daily; and, in
1855, the editor of the Volksfreund died, and Mr. Schcef
fler purchased that office and consoHdated the two papers,
under the name of Banner und Volksfreund, with which
paper he remained until the 14th of September, 1874. ^^
held the office of register of deeds for one term (1850,
1851), and was coUector of customs in 1857, under James
Buchanan. He was a firm friend of the cause of educa
tion, and was one of the founders of the German-EngHsh
Academy, now a flourishing institution. As a speaker, he
was ready and forcible. He was a man of generous im-
17

258 HONS. THEODORE SECOR  SILAS STEADMAN.
pulses, and liberal to the needy. He died at his residence
in Milwaukee, of consumption, on the morning of Decem
ber 6, 1875, after a long and severe Ulness, in the sixty-
third year of his age. He was one of "the oldest and
worthiest pioneers of the German- American press in the
west, the Nestor of German journalism in the United States;
honored and respected by aU — Americans and Germans —
aUke. HON. THEODORE SECOR.
Theodore Secor was born in the state of New York
in 1815. He settled at an early period in Mount Pleasant,
Racine county, following farming as a profession. In
1847, he was elected a member of the Constitutional Con
vention, serving upon several select committees, and per
forming much valuable work. He was a gentleman of
kind impulses, and sincere and honest purposes, who in aU
positions discharged his part with scrupulous fidelity.
Some twenty years ago, he settled in New Lisbon, and
there- served as a member of the board of supervisors, -and
in other local capacities; and some three years ago, he re
moved to Spencer, in the state of Iowa, where he now
resides. HON. SILAS steadman.
Silas Steadman was a native of Massachusetts, born
in 1784, and by profession a farmer. He was elected to
the second Constitutional Convention in 1847, from She
boygan county, and served in that body on the committee
on education and school lands. Otherwise than this, the
part he took in the proceedings was not prominent. He
settled at Sheboygan FaUs in 1837, with his family. The
maiden name of his wife was Elizabeth B. Boles. The
pubHc positions he held, other than named above, were
sheriff of the county, post-master, and many others of local
importance. Like aU pioneer settlers he had many rough
experiences, and at first suffered from lack of supplies of

HON. HARVEY G. TURNER. 259
food. He was noted for steriing native sense, a strong
win, frankness, sincerity, and generosit}-, and an enthusias
tic patriotism. It is recorded of him that at one time, to
get up a bonfire as part of a fourth of July celebration, in
the absence of needed fuel, he set fire to one of his own
buUdings, greatly to the deHght of his friends and associ
ates. He died several years ago.
HON. HARVEY G. TURNER.
His father was Joseph Turner, a native of Shaftsbury,
Vermont; mother, Mary Griswold, a descendant of the
Griswolds of Connecticut. He was born in East Oswego,
New York, June 7, 1822, received an academic education,
and is by profession a lawyer. May 4, 1846, he was
married to Emeline Griswold Teale at Port Washing
ton, Wisconsin. He settled at Waukesha in 1840, entered
the law office of Finch & Lynde, MUwaukee, in 1842,
and in 1844 was admitted to the bar, removing immediately
thereafter to Grafton, Washington county, — the first law
yer to locate therein. He was appointed district attorney,
and held the offic^e for many years after by election, as also
numerous local offices, both before and after the state was
organized. In 1847, he was elected to the Constitutional
Convention, from Washington county, in which body he
served on the committee on executive, legislative and ad
ministrative provisions, and also upon one or two select
committees. As he was the youngest member of the
body, of modest and retiring habit, and no disposition to
push himself forward,' the part he took in general debate
was not prominent, but his services otherwise were in aU
respects useful. In 185 1, he was elected to the state sen
ate, and served for two years. Subsequently, he removed
to Manitowoc, where he now resides.
Mr. Turner is a gentieman possessed of fine abilities,
improved by culture and long study, and his career has
been a credit to the legal profession, in which his life has

26o HON. ABRAM VANDERPOOL.
been chiefly passed. He has for many years avoided pub
Hc Hfe. He has ever been held in high respect and esteem
by all who know him.
HON. ABRAM VANDERPOOL.
The father of Mr. Vanderpool was from HoUand, and
settled at Kinderhook, Columbia county, New York. His
mother was a native of Massachusetts. Abram Van
derpool was born at New Canaan, Columbia county.
New York, April i, 1807. He received an academic edu
cation, and adopted the occupation of a farmer. He was
married January 10, 1825, to Miss Christina Gifford.
He has resided at different times in Columbia and Oswego
counties. New York, and in Iowa and Wisconsin. He
located at Jefferson, Wisconsin, June 11, 1838. In 1847,
he was elected as one of the representatives from Jefferson
county to the second Constitutional Convention, and in
that body served on the committee on education and school
funds. He ranked among the best working members;
was attentive to business, practical in his ideas, sensible in
all things ; and, while he was not a speech maker, he could
express himself fluently and to the point, on the subjects
before the convention. He was a strong man, possessing
sterling qualities of head and heart.
Some time after the convention, Mr. Vanderpool re
moved to Waterloo, in Jefferson county, and represented
that district in the assembly of 1850; was chairman of the
county board of supervisors several years; went to the
war as captain of company E, in the 12th Wisconsin in
fantry, under Col. Geo. E. Bryant; was a good soldier,
and in the service contracted a disease, from the effects of
which he died in Fond du Lac, in September, 1874. He
was a good man in all walks of Hfe.
A friend writes, that when the family settled in Jefferson,
the man that owned a cow was rich. The principal Hving
consisted of corn bread, milk, maple sugar and fish. Some

HONS. JOSEPH WARD — ^ ALLEN WARDEN. 261
lucky hunter would occasionally kiU a wild hog or deer,
which would be divided with the neighbors, and the rare
treat would be relished by all.
HON. JOSEPH WARD.
Joseph Ward was born in the state of New York in
1804, and was by occupation a merchant. He was elected,
in 1847, to the second Constitutional Convention from
DodgevUle, Iowa county, and served in that body on the
committee on schedule and other misceUaneous provisions.
He was a very prominent and widely known citizen
throughout the territory and state, a gentleman of excel
lent judgment, clear perceptions, fine culture, and greatly
respected by associates. He married a daughter of Gov.
Henry Dodge. Of his subsequent personal career, other
than that he was long engaged as a merchant in Mil
waukee, from whence he removed to California, the com
mittee are without information. He died many years ago.
HON. ALLEN WARDEN.
Allen Warden was born in Auburn, Cayuga county,
New York. When elected to the second Constitutional
Convention, he was only twenty-six j^ears of age. He
settled in Wiota, La Fayette county, in June, 1842, having
previously received an academic education; general oc
cupation, merchant, miUer and farmer; was married
June 14, 1846, to Lucinda Miller, and resided from 1842
to 1875, either at Wiota, Darlington or Beloit. He de
scended from revolutionary stock, his grandfather having
been a soldier under Gen. Ethan Allen, and continued
in the service from the commencement to the close of the
war for American independence.
During an active and somewhat prominent career in both
territory and state, Mr. Warden filled many pubfic posi
tions, among which were those of post-master, county
commissioner of La -Fayette county, presidential elector

262 HON. WILLIAM A. WHEELER.
for second term of Mr. Lincoln, and first term of Gen.
Grant. His opponent for the position of member of the
Constitutional Convention was W. S. Hamilton, a son of
Alexander Hamilton, a distinguished leader in the rev
olution and the period succeeding the formation of the
federal union.
In the convention, Mr. Warden served on the com
mittee on education and school funds. He took rather a
passive than active part in the proceedings of the body,
owing doubtless to his youth at the timej but his name is
found recorded on all the propositions that came up for
consideration as well as the articles finally adopted, and
show close attention and keen appreciation of everything
connected with the very important work in hand.
The present residence and post-office address of Mr.
Warden is Lamar, Barton county, Missouri.
HON. WILLIAM A. WHEELER.
The ancestrjr of Mr. Wheeler was English on the side
of his grandfather, while his mother was of French extrac
tion. The family settled in New England at an early date.
He was born in Fairfield county, Connecticut, October 3,
1814, and after receiving a good common and select school
education, became by trade and profession a miU-wright,
machinist and engineer. September 18, 1836, he married
Caroline P. Luce. In September, 1837, he removed to
Madison, Wisconsin, where he has ever since resided, or
in the towns adjacent. He was elected the first assessor
in Dane county in 1839, ^^d subsequently a county com
missioner. In 1847, he was elected a member of the ter
ritorial legislature, and the same year to the second
Constitutional Convention, in which he served on several
select committees, and his labors were in all senses useful
and honorable, although not specially prominent. In 1854,
he was elected county treasurer. After fiUing numerous
local offices, he was, in 1863, commissioned by President

HON. EDWARD V. WHITON. 263
Lincoln as captain and commissary sergeant, and served
in the commissary department of the army tintU the close
of the war, being stationed at Cumberland Gap when Gen.
Lee surrendered. August 9, 1865, he was brevetted by
President Johnson as major.
Mr. Wheeler, it may almost be said, was the builder,
if not originator, of nearly all the first grist and saw mills
in Dane county. His mark was put indelibly upon our
streams ; and the steam machinery that propelled the mills,
as well as the first power press in our printing offices, was
put together by him, without ever having previously seen
one. He is a gentleman of fine culture, of large inventive
and mechanical genius, and in all respects highly gifted,
and his career has been one of greatest public usefiilness
from the beginning. For a period of over forty years he
has enjoyed the highest respect of all classes of citizens,
of which he was eminently worthy and deserving.
HON. EDWARD V. WTHITON.
Among all the public men whose lives have ennobled
and honored the annals of Wisconsin, no one has ever held
a higher position in public estimation, if indeed any rank
as the peer of Mr. Whiton. He was one of the ablest
of its public men, and ever retained this precedence among
the leading minds of his time, undisputed and unquestioned.
Edward V. Whiton was the son of Joseph Whiton,
a soldier of the revolution and of the war of 1812, and
was born in Lee, Massachusetts, in 1805; and, after a
thorough preliminary education, made the study of the
law his profession, the practice of which he commenced at
Janesville, Wisconsin, in 1837, at about the beginning of
our territorial government. In 1838, he was elected to the
lower house of the legislature, and re-elected to the same
position in 1839-40, 184X. In 1842, he was elected a mem
ber of the councU, in which he served until 1846. He was
then elected a member of the Constitutional Convention,

264 HON. EDWARD V. WHITON.
where his name appears second upon the judiciary com
mittee. Chief Justice Dunn being chairman. His labors
in this body were in the highest degree important, and
won respect and admiration not only from his associates,
but from the whole population of the territory; so much
so, that in his after career party politics were pretty much
ignored, and had little effect upon his fortunes as a judi
cial officer. He was, at the first election under the new
constitution, elected circuit judge of the district in which
he resided, which, under its provisions for the first five
years, placed him on the supreme bench, where for a sea
son he presided as chief justice. Upon the organization of
the separate supreme court, under the law of 1852, he
was elected chief justice by popular vote, and in 1857
again elected — holding the position to the date of his
death, AprU 12, 1859, in his fifty-fourth year.
It is impossible in a brief sketch to do anything like jus
tice to one whose whole career was so strikingly marked
by every characteristic of true greatness. He was pro
foundly educated, not only in law, but in the minutest details
of the history of his country. Possessing a memory of
unfaUing tenacity, the vast stores of learning he had accu
mulated were ever at instant command, arranged in logidal
order, avaUable to iUustrate any mooted point, either in law
or political science ; and his decisions upon the bench, going
far beyond the mere letter, looked at all surroundings, fore
casted the future effect upon society, which was carefully
analyzed and thoughtfully considered, and made justice
and good order the end, rather than bfind obedience to
precedent and technlcafity. He was in its highest sense,
not only a great, but a good man, equally adorning both
pubfic and private Hfe, and far above the commonplace
practices, deceptions and foUies of many who have gained
a much wider notoriety with far less mental and
philosophical abiHty. The record of his career Is indel
ibly graven on the annals of the state. In 1847, he

HON. EDWARD V. WHITON. 265
married Amorette Dimock, of JanesviUe, who still sur
vives. At the. opening of the supreme court on the nth of May,
1859, Hon. Samuel- Crawford, who had previously been
a member of that court, and an associate with Chief Justice
Whiton, spoke as follows:
"May it please your honors, during the present term of this court, a
sad calamity to the people of this state has occurred. And it behooves
me, however sorrowfully, to announce it before this tribunal. Actuated
by the strongest emotions of friendship, and the highest feelings of
regard for him of whoi-n I am about to speak, I have the mournful duty
to announce the death of Edward Vernon Whiton, the late chief
justice of this state. During the present term of this court, while en
gaged in the active duties of his office as chief magistrate here, the dis
pensation of Providence called him from us, and the hand of death
deprived our state of one of the most upright and honest of her public
ofiicers. May it please your honors, I speak of him with whom I have
been officially connected, whose motives and actions have been to me
familiar; and while the sorrow for his loss aflilicts me, yet the remem
brance of his virtues affords to me, as it must do to all who knew him,
a degree of consolation that the memory of a righteous and honest man
dwells in the recollections and esteem of those who survive him.
" While discharging judicial functions, associated with him and one of
your honors, I had abundant opportunity to appreciate the learning and
integrity of our late chief justice, and if the judicial ermine and gown
in Wisconsin shall drop from other shoulders hereafter as pure and un
sullied as from his, we shall have no cause to feel ashamed. He now
rests calmly in an honored grave, with a reputation for ability, honesty
of purpose, and gentlemanly courtesy, that many of us might profitably
emulate. " The place that once knew him shall now know him no more, but
the remembrance of an upright and righteous man endureth forever.''
The preamble and resolutions adopted at a meeting of
the bar of the supreme court were then presented and read.
Mr. Justice Smith, on behalf of the court, spoke as
foUows: "The court have heard the announcement of the committee, and the
resolutions of the bar, with the deepest sensibility. One who has long
been a chief among us has finished his work and left us to be guided by
his counsels no more. He has fallen in the midst of his career, mourned.

266 HON. EDWARD V. WHITON.
as he was loved, by the whole people of the state ; and not of this state
only, but by all those who love virtue and its faithful practice.
" But upon the remaining members of this court, this dispensation of
an all-wise Providence has fallen with peculiar force and severity. Our
official relations had been so long, so kind, harmonious and fraternal,
that, through his mild guidance, the severest tasks of duty became almost
labors of love.
" The late chief justice had been identified in one capacity or another
with the history and progress of this territory and state. At the first
organization of the territory he was called into her councils, and, with
slight intermission, had devoted his talents and energies to the public
good. He exercised a large share of influence in framing the funda
mental law of this state, and very soon after was called to the bench,
which he continued to adorn until the time of his decease.
" His main idea seemed to be, to inaugurate, establish and administer
a mild government, the basis of which should be equal and exact justice
to all persons, and its powers so arranged that the people should be in
structed to become the ojierative element in every department of its
administration. In the midst of his usefulness in the accomplishment of
such, his beneficent designs, in the very midst of his labors for the public
good, he has fallen, but fallen nobly, with honors clustering around him,
the reward of high moral, intellectual, patriotic and peaceful achieve
ments. " A great and good man has left us to mourn his loss, a loss irreparable
to the state, and well may the people mourn, for the voice of their best
friend is hushed in death. Let us try to bow with humble submission to
the Divine will, and say, in our hearts,
^ God of the just ! Thou gav'st the bitter cup.
We bow to Thy behest and drink it up.' "
It is the order of the court that the foregoing remarks, proceedings
and resolutions be entered upon their records.
At a meeting of the Milwaukee bar, held AprU 14, 1859,
Hon. Jonathan E. Arnold pronounced an eloquent
eulogy, and referred to the leading points in the Hfe of
Judge Whiton, as follows:
" It is not exaggeration to say, that Judge Whiton is identified with
the history and growth of Wisconsin. It is probable that my personal
acquaintance with him is older than that of any gentleman here present,
extending back as it does, to a period of over twenty years.
" At an early period my business required me to go occasionally by the
way of Janesville, then containing a single cabin, to the western portion
of the territory. On such occasions, I usually sojourned over night at

HON. EDWARD V. WHITON. 267
the house of the venerable Judge Holmes, just below Janesville, at what
was then called Rockport. At that time there was an active contest be
tween Rockport and Janesville, as to which should be the county seat of
Rock county. There I learned that a man by the name of Whiton, a
secluded old bachelor, living somewhat like a hermit, in a cabin on the
prairie, was the strong man in the interest of Janesville.
" Soon afterwards Judge Whiton was elected a member of the house
of representatives for the first session of the legislative assembly at Mad
ison. ' It was there that I first formed his acquaintance. At the next
subsequent session he was elected speaker of the house. During those
sessions he was a frequent participant in debate, and took an active part
in enacting the first territorial code. Up to that time our laws con
sisted of the territorial statutes of Michigan, and the laws of our own
legislature passed at the sessions at Belmont and Burlington.
" The revised statutes were published under his supervision, and took
effect on the 4th day of July, 1839.
" During the long session of 1840-41 I was a member of the council,
and was a room-mate of the deceased. Then I had an opportunity to
know the man, and the high impression I had formed of him was fully
confirmed. I then saw the clearness of his intellect, the kindness of his
heart, and the simplicity of his character. I saw something, too, of that
peculiar element of his life which was not misanthropy, but a tinge of
melancholy and disappointment, and learned something of its causes.
All that I saw and knew of him, but served to lead me more highly to
appreciate his abilities and his unblemished character.
" In 1847, he was a member of the Constitutional Convention which
framed the constitution of this state. On the organization of the state
government in 1849, he was elected a circuit judge, and under the then
system, became a judge of the supreme court. He occupied this posi
tion until 1853, wlien the " separate supreme court " was established,
when he was elected chief justice, and re-elected in 1857, and continued
to hold the office until he was compelled to leave it, on account of the
disease of which he has since died.
" This is a. brief epitome of the life and public services of Judge
Whiton. Were I to name any one sphere of action in his life in which
he was most eminently disting-'.ished, and for vvhich he had a peculiar
adaptation, I should say that it was a legislator. His varied information,
strict integrity, eminent conservatism and finely balanced mind, all com
bined to make him a ready debater, and a high minded and patriotic
legislator. But it is useless to name any one sphere, when he has filled
so ably all the positions which he has ever occupied. Such was Judge
Whiton as a private citizen and public officer, and his death is to be
mourned, not only as a subject for private grief, but also as a public
calamity."

268 > HON. EDWARD V. WHITON.
Judge A. D. Smith, who had been associated with
Judge Whiton for many years on the bench, said:
"During the last six years Judge Whiton has been to me, as it were,
an elder brother. Our relations have been so harmonious, so kind, so
uniformly genial, so entirely fraternal, that we have scarcely thought of
official relation, because that has been lost in a common purpose to dis
charge a common duty dependent upon our personal and common
responsibilities. "Of the late chief justice I can hardly trust my voice or myself to say
more. Yet I must say that the last six years of constant companionship
with him have been the happiest of my life. Our relations have been,
of course, of the most confidential character; laborious, but yet the most
pleasant. During our long association, in deliberation upon matters of
the gravest concernment, while discussion has been most free and unre
strained, there has never an unkind word, nay, not even a petulant ex
pression been uttered; but all along his official career he preserved on
the bench, and in the consultation room, a strictness of propriety which
can scarcely be equaled, a conscientiousness which never wavered, a
depth of thought and comprehensiveness of the subject-matter ever pres
ent, commanding without force, controlling without intrusion, clear and
unassuming in his high office, great where he least thought of greatness,
but great only wherein man can be truly great — because he -was Tvise
and good.
" Mr. President, I must be excused. I can say no more. Our friend
ship was such as is seldom vouchsafed to man. I thank God that it has
been vouchsafed to me. This is not the time or occasion to pronounce
his eulogy — the wound occasioned by his departure is too fresh to be
freely touched. While merit will command its tribute, grief may for the
time claim its prerogative of silence."
Judge Hubbell said that he " came to mourn, not to speak of the de
ceased ; but having, like his learned friend who had preceded him, had
the good fortune to be associated, officially, with Judge Whiton, he
should do injustice to his own feelings if he did not express his concur
rence with the remarks of Judge Smith. Judge Whiton was a man
who always commanded respect. He had an admirably balanced mind,
and if not supereminently strong, yet there was such an equilibrium about
it that on all subjects- he would command an influence which few men
ever attain."
Judge Miller " first met Judge Whiton in 1838, when a member of
the territorial legislature. Of all the men there, he was the one whom
the stranger would be most likely to select as worthy of confidence. He
had met him in various relations, and had always been impressed with

HON. EDWARD V. WHITON. 269
the purity and conscientiousness of the man. The last time he met him
was in Madison, last July. He seemed conscious of a failing constitu
tion, and did not apparently possess his usual vigor. But he has gone,
and all we can do is to express our grief at his loss. He hoped that the
bar of the state would designate some one of its members to prepare a
suitable eulogy upon the deceased."
Judge Mc Arthur said, "that one of the most gratifying circum
stances which so sad an event would furnish, was the large number of
those present who were able to speak from personal knowledge of the
virtues and endowments of the deceased. It was the custom of the
ruder nations, in our earlier historj', upon the death of one of their noted
champions, to throw a stone upon the place of his repose, as a token of
their affection. The progress of civilization had suggested to us a more
appropriate method of testifying our regard for the deceased.
"He trusted that the solemn event would prompt us all so to live that
when we meet with the final catastrophe of nature there might those
remain after us who would celebrate our worth and our virtues."
S. Park Coon " did not feel that he could add anything to what had
already been so well said. Judge Whiton was a genial gentleman, u
true friend, a sound lawyer, an upright judge and an honest man. While
he to-day was rejoicing in his great gain, the people of Wisconsin would
hear of his decease with tears of regret. No grave will grow greener
than that of Edward V. Whiton."
E. G. Ryan said, " it was always unsafe to praise the living. It was
only when death had sealed life that we could speak with confidence.
But he could say, without fear of contradiction, that Judge Whiton's
whole life was one long trail of honorable memories. He had died with
out a touch of decay, with his professional harness about him, and he
believed he had died a happy death. Where the man can be found, in
the possibility of the succession, who can make his place good, he could
not tell."

BIOGRAPHICAL SKETCHES.

OFFICERS, CHAPLAINS AND REPORTERS.

CONVENTIONS OF 1846 AND 1847-48.

BIOGRAPHICAL SKETCHES.
OFFICERS, CHAPLAINS AND REPORTERS.

PRESIDENTS OF THE CONVENTIONS.
HON. D. A. J. UPHAM.
D. A. J. Upham was an early settler in MUwaukee, and
¦held a prominent position in that city tlU the time of his
death, which occurred on the 19th day of July, 1877. He
was president of the first Constitutional Convention in 1846,
and being a member of that body, a brief sketch of his
life and career wIU be found on page 176 of this volume.
HON. MORGAN L. MARTIN.
Morgan L. Martin was one of the earliest settlers of
Wisconsin; represented Its territory in the legislature when
it was a part of Michigan; has been prominently associated
with Its affairs during its whole history. He was presi
dent of the second Constitutional Convention in 1847-8,
and being a member of that body, a sketch of his life and
career will be found on page 241 of this volume. He stUl
resides at Green Bay; and although In the seventy-sixth
year of his age, is in the enjoyment of a good degree of
health, and takes a hvely interest in everything calculated
to improve the state of Wisconsin. His name is Intimately
connected with its history from Its first settlement.
18

274 ^^ FAYETTE KELLOGG.

SECRETARIES OF THE CONVENTIONS.
LA FAYETTE KELLOGG.
La Fayette Kellogg was the son of Rowland and
Sarah (Titus) Kellogg, and was born in EHzabethtown,
Essex county. New York, February i, 1819, and received
a good education at the same place. In 1838, he came to the
west, and first located at Mineral Point, where he spent one
year, when, in 1839, ^^ made his home In Madison. He
held several town and county offices, and In August, 1840,
was appointed clerk of the supreme court of the territory,
a position he held until the organization of state govern
ment in 1848. His health had become so Impaired that he
was obliged to give up all business for a few years. In
1851, he again took charge of the office of clerk of the
supreme court as a deputy, and discharged the duties of
the same till the organization of the separate supreme court
in June, 1853, when he was appointed as its clerk, and held
the office continuously till his death, which occurred on the
4th day of June, 1878, in the sixtieth year of his age.
In 1845, Mr. Kellogg was elected chief clerk of the
territorial house of representatives, and continued to serve
In the same capacity by re-elections, at every subsequent
session of the legislature, tiU the close of territorial gov
ernment. He was elected clerk of the Constitutional
Convention of 1846.
It will thus be seen that almost the entire business life
of Mr. Kellogg has been devoted to positions of respon
sibility of a clerical character; and it maybe justly stated,
that no man was better suited to the discharge of such
duties. He was a finished penman, and perfect order and
neatness in all things was a part of his nature. His rec-

HON. THOMAS MORRIS m'hUGH. 275
ords were always models of accuracy and neatness. A
blot was torture to him ; so also was the slightest confusion
in the arrangement of his papers. Everything with him
was done In order and on time. The quiet of the clerk's
room was his delight ; and it may be properly said that he
was a natural born clerk.
Mr. Kellogg was twice married. His second wife sur
vives him. A son succeeds him In the office of clerk of
the supreme court. HON. THOMAS MORRIS m'hUGH.
The grandfather of Mr. McHugh was Lieut. Stephen
McHugh, of the EngUsh army, who died in 1835. His
maternal grandfather was the Hon. Berry Norris, who
died on his estate In Leitrim county, Ireland, in 1842. His
father was the Rev. Stephen McHugh, one of the first
among Episcopal clergymen who settled in Wisconsin.
His mother's maiden name was Elizabeth Norris. She
died at Delavan, Wisconsin, in 1846. He died in Camden,
Arkansas, in September, 1857.
Mr. McHugh was born In MohiU, Leitrim county, Ire
land, November 2:2, 1822. After receiving an academic
education, he chose law as a profession, and commenced
the study In Utica, New York. The family located in
Delavan, Walworth county, Wisconsin, In 1844. He was
admitted to the bar in Elkhorn, January 18, 1849, and subse
quently admitted to practice in the supreme court. He
served as secretary of the territorial council during three ses
sions, commencing in 1847. The same year he was elected
secretary of the Constitutional Convention, and discharged
the duties of the office In a manner highly acceptable to
that body. In 1848, he was elected the first secretary of
state of Wisconsin, and held that position from June 5
to December 31, 1849. He was the first to organize the
office, to open the various accounts and books, to arrange
the school land department for active service, and to make

276 HON. THOMAS MORRIS M'hUGH.
the first report of plan and proceedings under the laws
governing the same. He fiUed for a season the position of
deputy United States attorney general, and was chief clerk
of the assembly during the years 1853 and 1854.
Falling health then compelled a withdrawal from public
life, and the same year he visited the seaside in the hope
of securing reUef from salt water bathing. The next year
he went to Florida, but his disease was too deeply seated
for cure. He died at Palatka, March 19, 1856. He was
never married.
The chief characteristics of Mr. McHugh were a tireless
activity, a versatile and winning address, a clear head, and
a warm heart. His career was in all respects a prominent
one. He rose rapidly to pubhc distinction, maintained his
position with credit and honor, and retired from the same
only when bodily infirmity prevented further labors. He
was singularly modest and retiring in disposition, genial in
address, generous to a fault, and, outside of political strife,
his friends were as numerous as his acquaintances. His
early death was widely lamented.

JOHN STARKWEATHER. 277

SERGEANT-AT-ARMS OF CONVENTIONS.
JOHN STARKWEATHER.
John Starkweather was born In Putney, Vermont,
September i8, 1816. In 1825, he removed to St. Law
rence county. New York. He was an early pioneer to
Wisconsin, arriving at Milwaukee September 18, 1836. In
company with the late Hon. George Hyer, Mr. Stark
weather carried, on foot, the first maU from Milwaukee
to Aztalan, under the direction of Solomon Juneau, then
postmaster at Milwaukee. It took four and a half days
to perform the journey. In 1837, he contracted for carry
ing the mail between Milwaukee and Aztalan, for the term
of two years. He lost seven horses on the first trip. Gen.
Simeon Mills, of Madison, had the contract for carrying
the mail between Madison and Milwaukee, and for a time
carried it hmself frOm Madison to Aztalan, to connect with
Mr. Starkweather, who was employed by Gen. Mills
to carry between Aztalan and Milwaukee. For two years,
the headquarters of Mr. Starkweather was at Milwau
kee, but faiUng health induced him to locate at Aztalan.
He states that while a mail carrier he was obUged to
change the maU, post the letters most of the time, or
send for a neighbor to come who could do it. On one
occasion, he was charged with carrying through, a bag of
gold, containing $2,000, which was for the commissioners
that were building the capitol at Madison. He feU Into
Rock river, and in his struggles to get out, became very
tired, and leaned against a log to rest. Here he fell asleep,
and on waking, started away, leaving his bag of gold, and
traveled about two miles before he missed it. He turned
back, and after walking about one mile, met a stranger

278 JOHN STARKWEATHER.
making violent efforts to overtake him. This stranger
had found the bag of gold, and knowing It must belong to
the mail carrier, was doing his best to get it to him, and
was afraid he might take a wrong traU. The name of this
stranger was E, G. Darling, of Jefferson, who has since
been well known as an early pioneer and estimable citizen.
Mr. Starkweather has been an extensive bridge
builder, during a period of forty-two years. He aided
Captain Joseph Keyes in the erection of his first miU in
Wisconsin, located at Lake MUls.
Mr. Starkweather aided In laying out state roads
from MUwaukee to Green Bay and from MUwaukee to
Fort Winnebago.
Mr. Starkweather was sergeant-at-arms of the first
Constitutional Convention, in 1846. And he writes, that
" he was very proud of this position; that Wisconsin never
elected a more honorable, honest and unselfish body of men
to represent Its interests, than was elected to that conven
tion; they were the fathers of Wisconsin."
During the late rebeUion, Mr. Starkweather was a
government carpenter for about two years, and performed
a large amount of work. He says he never wanted office,
and always despised an office-seeker; has worked early
and late for his party friends, considering his politics his
religion; has tried hard to indorse his friends and punish
his enemies ; but he is now satisfied to remain quiet.
Mr. Starkweather settled In Madison in 1851, which
place has been his residence ever since — with the excep
tion of a year or two at Green Bay, tiU 1879, when he
removed to MUwaukee. He was married December 3,
1847, to Miss Marion A. Bird, eldest daughter of Hon.
A. A. Bird, late of Madison. They have seven chUdren —
three sons and four daughters.

EDGAR R. HUGUNIN. 279
EDGAR R. HUGUNIN.
Edgar R. Hugunin is the son of Peter D. Hugunin,
and was born in Oswego, New York. His occupation
was shipping, tUl 1836, when he settled in the town of
Somers, Racine county, Wisconsin, and engaged in farm
ing. In 1837, he was commissioned by Gov. Dodge as
sheriff, and served In that capacity till the fall of 1841.
In 1844, he was elected sherift', and held the office two
terms; was chairman of the board of supervisors of
Somers four years; and was county commissioner six
years. He served as sergeant-at-arms In the territorial
house In 1847; In the Constitutional Convention of 1847-8;
and in the assembly In 1850. He was married March 4,
1847, to Martha W. Hatch, of Coldbrook, Maine. In
1850, he went to California, and returned in 1853, and
engaged in the stone, brick and lime business in Chicago,
where he remained until 1871, when he located In Kenosha,
where he still resides.

28o REV. CHARLES LORD.

CHAPLAINS OF THE CONVENTIONS.
REV. CHARLES LORD.
Rev. Charles Lord was a son of Rev. Henry and
Fidelia (Graves) Lord, and was born in WlUIamsburg,
Hampshire county, Massachusetts, January 27, 1816. He
graduated at Amherst College in 1838; at Andover Theo
logical Seminary In 1842; was ordained at BoonviUe,
Missouri, in October, 1842 ; he was located by the mission
ary board at Independence, Missouri, where he remained
tiU 1846, when he was placed In charge of the Congrega
tional church at Madison, Wisconsin. At this place he
remained till 1854, when his eyesight so failed him, that he
was compelled to resign his charge, and for a time retire
from his ministerial labors. During his ministry in Madi
son he was a very popular man. He bore his part in his
chosen field with great fidelity, and with his excellent wife,
did much to give caste to the early society of the place.
During his ministry In Madison, Mr. Lord served as
chaplain of the second Constitutional Convention, in 1847-8,
and of several sessions of the legislature, both territorial
and state.
In 1856, he was installed pastor over the Second Congre
gational Church In Whateley, Massachusetts, where he
remained about four years. In i860, he was located at
Buckland, Massachusetts.
August 30, 1843, Mr. Lord was married to Miss Cla
rissa Lois Wright, of East Hampton, Massachusetts; and-
three children — two daughters and one son — were born
to them.
Mr. Lord died at the residence of his daughter, Mrs.
Robert B. Hall, In Brooklyn, New York, March 28,
1872, in the fifty-seventh year of his age.

REV. STEPHEN m'hUGH. 281
Mr. Lord was a man greatly beloved by the people
where he labored. He was not an eloquent preacher, but
he possessed practical sense; his sermons were plain and
pointed, giving evidence that they were the result of honest
convictions. He was kind, affectionate, and fuU of sym
pathy for those In distress, and ever ready to administer
consolation to the afflicted. He was a faithful minister of
the Gospel, and was a good man in the truest sense of the
term. REV. STEPHEN m'hUGH.
The parents of Mr. McHugh were Stephen and LiT-
TiA McHugh. His father was first heutenant In the Lei
trim Guards. Jle died at Albany, New York, In 1835,
and his wife died in Troy, in 1846. They had four children,
of whom the subject of this sketch was the eldest.
Rev. Stephen McHugh was born In MohlU, Leitrim
county, Ireland, May 2, 1798. He had excellent educa
tional advantages, and graduated at Trinity CoUege, Dub
lin. He was married. In 18 19, at MohiU, Ireland, to Miss
Bessie Norris; he was married a second time, in 1849, to
Miss Cary, of Racine.
After coming to this country, and before his settlement
in Wisconsin, Mr. McHugh had been the rector of Grace
Church, in Utica, New York; St. Peter's, HoUand Patten,
and had resided at Westmoreland, Oneida county. New
York. He came to Wisconsin In 1844, and settled at Del
avan, in Walworth county, and located at Madison, in
1846, as the rector of Grace Church in that city. During
his ministry in Madison, the two lots on which the church
now stands were purchased. He resigned in 1847. While
In Madison, Mr. McHugh served as chaplain to the terri
torial councU of 1846, and to the first Constitutional Con
vention of the same year. He was a man of high culture,
a devoted churchman, and a man highly esteemed for his
many exceUent qualities of head and heart. Before com-

282 REV. E. S. miner.
ing west, Mr. McHugh received a call from one of the
wealthiest churches In Albany, which he decUned from
purely Christian motives,, feeling that he could do more
good In aiding to build up churches in the west, then a
newly settled country, and in need of missionary labor.
While In Wisconsin, he organized five parishes, built two
churches, and performed much other work for the benefit
of the denomination in which he was so thoroughly and
sincerely interested.
In 185 1, Mr. McHugh removed to Arkansas, where he
established two churches — one at Camden, the other at
El Dorado. He purchased a large farm near Camden,
where he resided until his death, which occurred in 1858.
He was very popular in Camden, and had a large number
of friends in that place. Members of his church there,
wrote to his chUdren, stiU residing In Wisconsin, "that
there never was a clergyman more beloved than he was,
in the south." A friend writes : " He always kept an
appointment, no matter what the weather was; he never
betrayed confidence; always visited the sick and dying,
never minding what was the time or the season ; never owed
any one; practiced hospitality almost to Its abuse; every
one and any one was welcome. I think he endeavored, in
all ways and at all times, to live a good Christian hfe, and
to do his full duty." His son, Hon. Thomas McHugh,
was the first secretary of state in Wisconsin. His eldest
daughter Is the wife of Beriah Brown, now of Wash
ington territory, formerly a prominent editor In Wisconsin ;
another daughter was the wife of the late H. D. B. Cut
ler, Esq., of this city, and stiU resides in Madison.
REV. S. E. MINER.
Rev. S. E. Miner was located at Madison as a mission
ary in 1844, and for some two years-was the pastor of the
Congregational church In that place. It was during his
ministrations that the first church buUding In Madison was

REVS. JOHN PENMAN — ^^H.' W. READ. 283
erected, and the people were largely indebted to his indi
vidual efforts for this church edifice. The buUding stiU
stands on Webster street, and is owned and occupied by
the German Presbyterian church, as their place of worship.
Mr. Miner, through some trouble with his throat, render
ing It Impossible for him to preach, resigned his pastorate
in Madison, In 1847, settled in Green county, and engaged
In the lumber trade. He is now understood to be In
business at some point in the state of Kansas.
Rev. Mr. Miner served as one of the chaplains In the
Constitutional Convention of 1846. He was a man of fair'
ability, and was popular as a minister of the, gospel. He
was energetic and efficient whUe in the ministry, in build
ing up the church to which he belonged. He was among
the pioneers of the Christian work in the west, and served
weU in his mission for good.
REV. JOHN PENMAN.
Rev. John Penman was located In Madison, in 1847, as
pastor of the Methodist Episcopal church, and acte4 as
one of the chaplains in the second Constitutional Conven
tion of 1847-8. He was a man of ability, and was active
in building up the interests of the church in which he was
a devoted minister. Soon after he left Madison, Mr. Pen
man is understood to have removed to the far west, since
which time, the committee have received no record of him;
and cannot state with certainty, whether he is stiU living
or not. He was a man of popular manners, and generally
beloved by the people with whom he labored.
REV. H. W. READ.
Of Rev. H. W. Read's early Hfe, nothing has been re
ceived. He was educated at the Madison University,
located at HamUton, Madison county. New York, and
foon after he graduated, came to Madison, in 1847, and
was the first pastor of the Baptist church in that place.

284 REV. H. W. READ.
He served as a chaplain in the secorid Constitutional Con
vention, and in one or two sessions of the legislature.
Soon after the gold discoveries in California, Mr. Read,
with his vvife, crossed the plains In their own carriage.
Most of the time since, he has resided in California and
New Mexico. He visited Wisconsin some ten or twelve
years ago. Nothing particular in regard to his history is
known. Mr. Read was a man of decided abiHty, and a graceful
speaker. In social Hfe, he was very entertaining and pleas
ant. He was well calculated to aid in building up a new
country, being energetic, affable and kind hearted. He
was a popular man with the people. His present residence
is not known to the writer, but It is presumed to be at
some point on the Pacific slope.

JEROME RIPLEY BRIGHAM, ESQ. 285

REPORTERS — CONVENTION OF 1846.
JEROME RIPLEY BRIGHAM, ESQ.
David Brigham was one of the early settlers of Madi
son, locating there In 1839. He died a few years after
wards. He was a brother of Hon. Ebenezer Brigham,
the first white settler in Dane county. David Brigham
married Elizabeth F. Ripley, in Massachusetts, a sister
of George Ripley, whose death was recently announced.
Mrs. Brigham died last faU, at an advanced age. Jerome
Ripley Brigham, son of David and Elizabeth F. Brig
ham, was born In FItchburg, Massachusetts, July 21, 1825.
He graduated at Amherst College in 1845, and then located
in Madison, where he taught school some two years; was
town clerk In 1847; village clerk In 1848, 1849 and 1850.
He was appointed clerk of the supreme court of Wiscon
sin, on the organization of state government in 1848, and
held the position until August, 185 1. Having been ad
mitted to practice at the bar of the several courts. In 185 1,
Mr. Brigham removed to Milwaukee, and for a time was
a member of the law firm of Stow, Ryan & Brigham;
then of Wells & Brigham, and at the present time (1880)
of the firm of Wells, Brigham & Upham. At the city
election in April, 1880, Mr. Brigham was elected city
attorney of Milwaukee, an office he now fills with much
ability and to the satisfaction of the people of that city.
During the Constitutional Convention of 1846, Mr.
Brigham was the reporter of its proceedings for the Mad
ison Exfress; and we beHeve he was a reporter at one or
more sessions of the legislature for the same paper. He
was a painstaking reporter, giving the substance of the
proceedings and debates in clear language, and was accu-

286 beriah brown.
rate in his statements of what did take place. He always
gave exceUent satisfaction in the capacity of a reporter for
the press. He is a good writer, and many of his contribu
tions have graced the columns of the press during his res
idence In Wisconsin.
Mr. Brigham is a man of decided abUity; a thoroughly
read lawyer, a finished scholar, a graceful writer, an active
politician, and a genial gentleman, popular wherever
known, and his acquaintance is extensive in and out of the
state. BERIAH BROWN.
Beriah Brown, third son of Beriah and Martha
AsHMUN Brown, was born at Canandaigua, New York,
February 21, 1815. His father was a native of Providence,
Rhode Island, of English parentage. His mother, Martha
AsHMUN, was of a Huguenot family, and was born at Blan-
ford, Massachusetts, the homestead of Phineas L., Lewis
and George Ashmun. In 1829, Beriah entered the office
of the Advocate, at Batavia, New York, as an apprentice.
The following year he accompanied Thomas B. Barnum
to Erie, Pennsylvania, to assist In the establishment of the
Erie Observer. At that place Horace Greeley was then
an apprentice in another office, and an intimacy was formed
between the two boys which lasted through life. On the
death of Mr. Barnum, in 1832, he joined Greeley, who
had preceded him a few months, in New York city, where
they roomed together at the " Graham House," then kept
by Mrs. Nicholson. In 1833, on account of faiHng health,
he returned to his father's home In western New York.
The foUowing year he was for a few months associated
with Seth Lewis, afterwards of the MarshaU (Michigan)
Statesman, in the publication of the Advocate, the paper
upon which he commenced his apprenticeship, which he
was forced to relinquish on account of UI health. In 1835,
he removed to Michigan, and established the Tecumseh
Democrat. In 1839, he joined his brother, John A., In the

BERIAH BROWN. 287
pubhcation of the Niles Intelligencer. In the spring of
1841, he removed to western Wisconsin and engaged in
mining, and in the faU of 1844 was elected county clerk of
Iowa county. In 1845, he resigned the office of clerk, and
established the Democrat at Madison, which was subse
quently united - with the Argus, and sold to Andrew
Proudfit in 1855. In 1849, he married Jeanie, daughter
of Rev. Stephen McHugh. In 1855, he removed to Del-
afield, Waukesha county, where he resided untU 1859, when
he returned to Madison, and was for a short time associated
in the publication of the Argus and Democrat. In i860,
he estabHshed the People's Press, in Milwaukee, and the
same year purchased a half interest in the News, which he
left in 1861, and in the winter of 1862, removed to CaHfor
nia, and was engaged as editor of the Stockton Refublican,
then the only daily democratic paper in that state. In
1863, the establishment was removed to Sacramento, when
he purchased It, and the same year was the democratic
candidate for state printer. The material upon which the
paper was printed was subsequently broken up and thrown
into the street by a mob, after which he removed to San
Francisco, and established the Democratic Press, daily and
weekly, in company with Capt. William S. Moss, the
present proprietor of the Examiner.
In the spring of 1865, that establishment was totally
demolished by a mob, the editor forced to flee for his life,
and his library and other private property burned in a pub
Hc street of San Francisco. After spending a few months
in Mexico, he returned to California and associated with
Thomas Thompson In the publication of the Santa Rosa
Democrat. In the spring of 1866, he accepted a caU as
editor and general manager of the Oregon Herald at Port
land; continued In that position tiU 1869, when he estab
Hshed the Democrat Press at Salem, Oregon. At the
democratic state convention, held in March, 1870, a resolu
tion was adopted repudiating the pubHc debt, whereupon

288 BERIAH BROWN.
he dissolved his connection with the party, sold his news
paper estabUshment and left the state, and has taken no
part In a political party caucus or convention from that day
to the present. After editing the Standard at Olympia,
Washington Territory, for a year, in 1871, In company
with Colonel Charles H. Larrabee, he estabHshed the
Puget Sound Dispatch at Seattle, daily and weekly, the
publication of which was merged In the Intelligencer, an
older pubhcation, the ist of October, 1878; of which he is
now senior editor.
The public positions held by the subject of this sketch
in Wisconsin were: clerk of Iowa county; printer to the
first Constitutional Convention; state printer for several
terms; delegate to the democratic national convention in
1848; presidential elector In 1852; chairman of delegation
to democratic national convention of 1856; regent of State
University; chairman of democratic state central com
mittee several terms; and defeated candidate for congress
in the first congressional district in 1858. In Washington
Territory, he has held the several positions of chief clerk
of the territorial council ; president of the board of regents
of the territorial university; clerk of the United States dis
trict court, and present mayor of the city of Seattle, all of
which places were voluntarily conferred upon him, inde
pendent of party caucus or convention; the legislative ap
pointments by unanimous vote; the court appointment at
the request of aU the federal officials and every democratic
lawyer in the judicial district ; and the election of mayor of
a strongly repubUcan city, over a repubUcan opponent, by
the largest majority ever given for a candidate for that
position. He Is an uncompromising democrat in principle ;
was a zealous supporter of Greeley and Tilden ; is an
earnest advocate of civil service reform, honest money and
the maintenance of the pubHc credit; unqualifiedly indorses
the determination of the electoral commission in favor of
Hayes, and believes that no president ever held that office

CHARLES HOLT. 289
by a better tide, — based upon the inviolablHty of state sov
ereignty, recognized and confirmed by every department
of the government, — executive, legislative and judicial. He
is now sixty-five years of age, of vigorous health and
cheerful temper. CHARLES HOLT.
Charles Holt reported the proceedings of the first
Constitutional Convention for the Milwaukee Sentinel, then
the only daily paper in the territory of Wisconsin, furnish
ing three letters weekly, which was aU the maU facilities
then permitted. His ancestry were of Connecticut origin.
He was born in Herkimer, Herkimer county. New York,
March 5, 181 7; received a good common school education;
and his occupation during life has been that of printer,
reporter and editor. He removed to Madison, Wisconsin,
in May, 1846; was elected treasurer of Dane county in
1847; removed to JanesviUe in 1848, and published the
Gazette for a period of fifteen j'^ears thereafter. He was
married Februarj' 28, 1849, to Ellen Field. Was reg
ister of deeds of Rock county In 1858. Removed thence
to Quincy, Illinois, and for several years published the
Whig. Later, he removed to Kankakee, Illinois, where
he now resides, and has for many years pubHshed the
Gazette. The work of Mr. Holt in the convention was carried on
under every condition of personal discomfort, as not even
a seat could be obtained on the fioor of the assembly haU,
and his notes had to be taken in the gallery on loose sheets
held in the hand, and written out afterwards as chance
oflered; yet the minutes of the proceedings were fuU,
accurate and complete. For this labor (and we record it
for the information of the profession generally) his com
pensation was four doUars and fifty cents weekly — about
the average daily pay for the same services at the present
time. Mr. Holt, both as reporter and editor, has ever been
19

290 HON. JOSEPH GILLETT KNAPP.
noted as a careful, dignified and fluent writer, a genial
companion and worthy citizen. He holds a high rank
among the piloneers of the press In the west.
HON. JOSEPH GILLETT KNAPP.
Joseph G. Knapp was born at New Lebanon, New
York, September 21, 1805. He received a liberal educa
tion, studied law, and settled at Green Bay, Wisconsin, No
vember 20, 1835. He removed to Madison in 1839, and
became connected with the Wisconsin Enquirer as editor
and proprietor. In 1846, he was elected by the legislature
as superintendent of public property, and re-elected to the
same position in 1848, and continued to hold it till the close
of territoral government.
Mr. Knapp ranks among the earliest pioneer settlers of
Wisconsin, he having located at Green Bay about 1828.
He received a thorough and classical education, and was
by profession a lawyer. Coming at so early a period, as
It were in advance of legal practice, he embarked in other
pursuits from time to time, both from necessity and choice.
After some years, and various vicissitudes by " flood and
field," he located in Madison, about 1842, and we find him
soon after connected with the press In an editorial capacity.
In 1846, he was elected superintendent of public property,
which position he held until the state was organized in
1848. He had a fine horticultural taste, and Madison is
Indebted to his efforts for the introduction of the first elm
and other ornamental trees among the native oaks that
have so long adorned the capitol park. For many years
he followed his profession, often, however, mingled with
literary or editorial labors. Not only as a reporter of the
first Constitutional Convention, but in many departments
of political economy, scientific and legal inquiry, his writ
ings were voluminous. About 1862, he was appointed
United States district judge of New Mexico. On his re
turn to Madison, he embarked for a season In a newspaper

HON. HORACE A. TENNEY. 29:
venture, and a year or two later was employed on the scien
tific staff of the Southern Pacific railroad, far In advance
of the line actually completed. He was one. Indeed, who
pioneered the route of that great enterprise. This labor
over, after a short sojourn in Wisconsin, he located at
Limona, In Florida, embarking in orange culture, and has
ever since resided there.
The personal characteristics of Mr. Knapp ever gave
him prominence In whatever community he resided. He
was highly cultured, profoundly read in nearly all branches
of learning, possessed a memory of wondrous tenacity
which never lost a fact or principle once fixed, a genial,
companionable and pleasant disposition, and took the frowns
or smiles of fortune with equal composure. He has from
time to time contributed many valuable papers to literary,
scientific and historical societies, and thus engraved an
enduring mark along the entire line of our state history;
and now, in his old age, he Is remembered with kindness
and respect by multitudes of pioneers of the eariier period.
His memoirs should be a part of our historical collections.
He was twice married, surviving both partners. At latest
date, he was hale and hearty, with the promise of many
years of useful and active Hfe still before him.
HON. HORACE A. TENNEY.
The ancestral record of Mr. Tenney is complete and
unbroken from 1638, the date of settlement of the first
family of the name in America, at Rowley, Massachusetts,
he being of the seventh generation. His father was
Daniel Tenney, born in Temple, New Hampshire, Feb
ruary 13, 1794, who died at La Porte, Ohio, February i,
1875. His mother, Sylvia Kent, was born In Dorset,
Vermont, October 26, 1792, and died in Thayer, Kansas,
March 31, 1876. The first of this family Immigrated from
England in 1634, and settled in Newburj^, Massachusetts,
and the chain of descent Is unbroken through eight gener-

292 HON. HORACE A. TENNEY.
ations. She was a second cousin of Hon. James Kent,
LL. D., for many years chanceUor of the supreme court of
the state of New York. Daniel Tenney and Sylvia
Kent were married at Dorset, Vermont, October 26, 1815.
Mr. Tenney was a second son of the family, born on Grand
Isle, Vermont, February 22, 1820. He received an aca
demic and in part collegiate education, was by trade a
printer, and by profession an editor and lawyer, having
been admitted to practice In the courts of Ohio In 1841.
In 1842, he published the " Lorain Refublicanf at Elyria,
Lorain county, Ohio, and in 1843, was elected prosecuting
attorney of the county. December 5, of the same year,
he married Juliette P. Chaney, daughter of Charles
and Susan Chaney, of Elyria.
In June, 1845, he visited the territory of Wisconsin with
a purpose of finding a western home, and In September of
that year, in connection with his brother H. W., com
menced the pubhcation of the semi-weekly and weekly
Jeffersonian, at Galena, Illinois. Owing to the then un
healthy condition of the locaHty, and to sickness in 1846,
he disposed of his paper and removed to Madison, pur
chasing a controlling Interest in the Wisconsin Argus. In
1847 and 1848, he was elected territorial printer, and by
contract was connected with the state printing until 1852,
when ill health compelled his withdrawal. In 1850, he
was elected a trustee of the viUage, and fiUed that position
and that of president for five or six years. In 1852, he
was appointed assistant state geologist of the first survey,
and, in 1853, located the Saline land grant for the State
University. In 1848, he was appointed as volunteer agent
to coUect Its cabinet, and subsequently its librarian, and in
both positions met with much success. In 1854, ^"^ connec
tion with J. T. Marston, he commenced the publication
of the Wisconsin Patriot, but IU health soon forced a
withdrawal, and the establishment passed Into the hands of
S. D. Carpenter, and was continued untU 1863. In 1856,

HON. HORACE A. TENNEY. 293
he was elected a member of the assembly, and, In 1857,
elected a member of the regents of the University. In
1858, he was appointed comptroUer of the state treasury.
In 1862, he was made paymaster U. S. A, having the
year previous built Camp RandaU, and aided In fitting
some fifteen thousand soldiers for the field. In 1866, he
was appointed maU agent. In charge of Michigan, Wis
consin, Minnesota and Dakota. After some years passed
as an editor upon the large daily papers of Chicago and
St. Paul, he was, in 1874, appointed secretary of the rail
road commission, and, in 1878, was the national candidate
for congress in the second district.
Mr. Tenney served as a reporter in both of the Con
stitutional Conventions.
The general avocation of Mr. Tenney has been that of
editor and reporter. His pen has always been busy in
correspondence with so many papers that a bare enumera
tion would be tedious. Like almost all who have followed
the profession, the printing office is his first love. His
writings have been almost innumerable. He was the
author of several pamphlets, especially setting forth the
advantages of Dane, Pierce and other counties for settle
ment In early times; and numerous papers and reports
from his hand are scattered through the pubhc archives,
both territorial and state. He has always retained his
residence in the village and town of Madison since the
date of his first settlement.

294 DAVID ATWOOD.

REPORTERS — CONVENTION OF 1847-8^,
DAVID ATWOOD.
The Atwood family is an old one in this country, and
the name has become quite numerous in most of the .states.
From genealogical works, it is found that several persons
of the name have left England and settled in the United
States, and become heads of a line of the name in this
country. The name is found in Plymouth colony as early
as 1638. The subject of this sketch traces back his ances
try, on his father's side, six generations In America, to
Herman Atwood, who came from Sanderstead, about
fifteen miles from London, and settled In Boston in 1642;
and on his mother's side, five generations in this country,
to John Bell, who came from Ireland and settled in Bed
ford, New Hampshire, In 1736.
For the benefit of the numerous families by the name of
Bell in this country, the following item, clipped from an
old number of the Vermont Quarterly Gazetteer, purporting
to give the origin of the name. Is Inserted: "John Aus
tin, of pure Norman extraction, a native of Glasgow,
Scodand, Invented the tulip-shaped bell, — for which he
was knighted by Queen Elizabeth, and took the name of
Bell. He was a staunch Presbyterian, and during the
reUgious controversy, was obliged to flee, and went to the
north of Ireland. From thence a large family of brothers
emigrated to the United States, and settled in various parts
of the Union. James, the second son,, settled in New
Hampshire." David Atwood, the father of the subject
of this sketch, and his mother, Mary Bell, were both
born in^ Bedford, New Hampshire — the former March 24,
1779, and the latter April 12, 1781. They were married

DAVID ATWOOD. 295
September 21, 1802, and resided in their native town
through their entire lives.
David Atwood was born in Bedford, New Hampshire,
December 15, 1815. He was brought up on a farm, and
this means, at that day, on a New Hampshire farm, —
hard work. He received a common school education, lim
ited to a few weeks in each year, till he was sixteen years
of age. In 1832, he accompanied an elder brother to
Hamilton, Madison county. New York, where he at once
entered upon a five years' apprenticeship to the printing
business in an office devoted exclusively to the printing of
law books. At the age of twenty-one, in 1836, he took an
agency for the selling of the law works his former em
ployers had published, and that he had helped to print.
He devoted nearly three years to this agency, in introduc
ing those works to the profession. During this time, he
traveled extensivel}' in the states of New York, Pennsyl
vania, Maryland, Virginia, Ohio, Indiana, Michigan, IlH
nois, Missouri, Kentucky, and the District of Columbia ; in
many of them, he visited every county seat. At that early
day, much of the territory over which he traveled was in
its native state — a wilderness; and many scenes were ex
perienced that might appear marvelous to children of the
present day of luxury and ease. One of the great pleas
ures of his life has been in witnessing the progress and
growth of the country through which he then passed, and
in contrasting its condition then with its present thrifty ap
pearance. Then a wilderness, now dotted all over with a
prosperous, wealthy and happy people. The change is
certainly an immense one — difficult to realize by the pres
ent generation.
In September, 1839, Mr. Atwood returned to Hamilton,
New York, and immediately united with a brother in the
pubhcation of the " Hamilton Palladium^'' a weekly news
paper. He devoted his entire time to this work, with
limited pecuniary success, through two presidential cam-

296 DAVID ATWOOD.
paigns — 'that of Harrison and Van Buren, in 1840, and of
Clay and Polk, in 1844. At the close of the latter, on ac
count of failing health, he discontinued the pubhcation of
the paper. Being advised that out-door labor would prob
ably improve his health, he purchased, in company with a
friend, a tract of land In Stephenson count}^, lUinoIs, about
seven miles east of Freeport, and on the loth of February,
1845, with his friend, started in an emigrant wagon for his
western home. After about six weeks of hard travehng,
the pilace of destination was reached, and he at once turned
his attention to farming, hoping to acquire both health and
wealth. As regards health, he was not mistaken; but In
his expectations in regard to accumulating wealth, he was
sadly mistaken. The farm was heavily stocked with
sheep, but the enterprise proved a failure. The flock be
came diseased, and was largely reduced by deaths. After
three seasons of farming, the great object had been se
cured ; his health was entirely restored, and the loss of
property was of slight consequence; the farming experi
ence had proved a valuable one.
In September, 1847, having disposed of his farm and
other property upon It, Mr. Atwood proceeded to Madi
son, Wisconsin, to seek employment in his chosen profes
sion — the one for which he had prepared himself — • the
printing business. He was successful in securing employ
ment, and within an hour after his arrival in Madison, he
was placed In editorial charge of the Madison Express,
then pubHshed by W. W. Wyman — and has continued
in charge of the same paper with only a change of name
to " State Journal^'' ever since. He purchased the Ex-
fress'o^ce within the first year of his residence in Madi
son. At the present time (1880) there is every prospect
that he wiU remain with the paper the balance of his life.
He would hardly know how to do anything else, and he
must do something.
Soon after Mr. Atwood located in Madison, the Consti-

DAVID ATWOOD. 297
tutional Convention of 1847-8, , convened in that place, and
he took his seat in It, as a reporter for the Express, and
during every moment that body was in session, he was
present with it, and furnished a report of its proceedings
for the paper with which he was connected. He has con
tinued to act as a reporter of legislative bodies ever since
he commenced in 1847.
Since Mr. Atwood has resided in Madison, he has held
by election or appointment several offices, among which
may be noted: justice of the peace in 1849; village trus
tee in 1854; chief clerk of the assembly in 1855; member
of the assembly in 1861 ; assessor of internal revenue from
1862 to 1866; mayor of Madison in 1868-9; ''^^ mem
ber of the forty-first congress. In 1872, he was commis-
. sioned by President Grant, as centennial commissioner
from Wisconsin. He has held many local positions in dif
ferent associations, such as member of the city school board,
treasurer of the State Agricultural Society, director in the
¦ State Historical Society, the Madison Mutual Insurance
Company, the Madison Gas Light and Coke Company,
several railroad companies ; trustee of the Insane Hospital,
etc. In his early life. In New York, there was quite a military
display annually in that state. In 1841, Mr. Atwood was
commissioned as adjutant on the staff of the late Col.
James W. Nye, who commanded the 6sth regiment of
Infantry; the next year he became major of the regiment,
and the next, colonel. The two former commissions were
issued by Gov. Wm. H. Seward, countersigned by Rufus
King as adjutant general, afterwards an editor and mem
ber of the Constitutional Convention in Wisconsin; and
the latter by Gov. W. C. Bouck, father of Hon. Gabriel
Bouck, member of congress from the sixth district in this
state. In Wisconsin, he was quartermaster general under
Gov. Farwell in 1852, and was appointed major general
of the 5th division by Gov. Randall in 1858.

298 DAVID LAMBERT.
Politically, Mr. Atwood labored somewhat actively with
the whig party, while it had an existence; and with the
republican party since Its organization. He was on the
committee that reported the first repubUcan platform in
the state, in 1854; ^^^ represented his party on Its national
and state committees ; and was a delegate to the national
convention at Cincinnati in 1876.
August 23, 1849, Mr. Atwood was married, at Potosi,
Wisconsin, to Mary Sweeney, daughter of Connor and
Susan Sweeney, formerly of Canton, Ohio. They have
had four chUdren — two sons and two daughters. The
eldest of the family — Charles David Atwood was mar-^
ried to Elizabeth Ward, September 8, 1874. ^^ *^^^<^
at Madison, February 6, 1878, in the 28th year of his age.
The other three — Harrie F., Mary Louise, and Eliza
beth Gordon — reside in Madison; the latter was mar
ried to E. P. Vilas, Esq., October 9, 1877.
DAVID LAMBERT.
David Lambert was one of the reporters of the
journal and debates of the second Constitutional Conven
tion. Of his career but little can now be learned. Like
many of the craft in pioneer times, he seemed to prefer a
roaming life, and had traveled extensively over a large
portion of the west and south. He was in many respects
a man of marked ability and high cultivation, of keen per
ceptions and logical acumen; and yet a good fellow of
" infinite jest," overflowing with spontaneous humor. He
had, previous to 1847, assisted In editing one of the Madi
son papers for a short time, and after some years absence,
only returned in time to take a part in the work of report
ing. In 1848 and 1849 he visited St. Paul, with a view to
locating in that then wilderness, and a few months later,
while a passenger upon a steamer, by some accident, feU
overboard and was drowned. Our memory of him, as
well as that of all his associates, is most respectful and

HON. JOHN Y. SMITH  HENRY W. TENNEY. 299
kindly. Had he Hved, his abilities could not have faUed to
have made him renowned In the new field he had purposed
to occupy. HON. JOHN Y. SMITH,
who was a member of the first Constitutional Convention,
was one of the reporters of the journal and debates of the
second. The sketch of his life elsewhere, gives the gen
eral outlines of his career. He was In every sense a man
of marked ability, profound thought, a deeply cultivated
scholar, and fluent and able writer, having achieved a rep
utation in his articles upon political economy which might
almost be said to be national, and made him the adviser
and confidential friend of many of the ablest statesmen in
the country. He has been dead for several years.
HENRY W. TENNEY, ESQ.
Henry W. Tenney was born on Grand Isle, Vermont,
January 2, 1822. He received a thorough classical edu
cation, graduated from the university of Vermont in 1845,
in which year he removed west, and became a lawyer by
profession. In 1847, he assisted In reporting the journal
and debates of the second Constitutional Convention, while
educating himself for the bar, and, both by education and
training, was specially fitted for this service. October 18,
1852, he was married to Hannah Schenkberg. After
some years' practice In Milwaukee, he removed to Portage
City, purchasing and laying out. In connection with a part
ner, a large part of the site of the place. Several years
later, he removed to Madison, resuming legal practice.
From thence he removed to Chicago, where he resided
untU 1879, when he removed to Appleton, Wisconsin, and
continues In the pursuit of his profession. In Chicago he
was a member of the law firm of Tenneys & Flower,
and that firm was one of the most successful in that city.
As a speaker he was clear, and never appeared in court
without thorough preparation, and his papers were rarely.

300 HENRY W. TENNEY.
If ever defective. His removal to Appleton was owing to
faiHng health. Induced by excessive professional labor. As
a practitioner he was ever courteous and honorable ; was
popular with his associates, and in all places a true gentle
man. As an acute thinker, logical writer, and profound
lawyer, he has few equals and less superiors. He has
ever been noted for genial humor, generous Impulses, and
keen and ready wit. Few men, indeed, are more widely
known or more highly respected. He has always avoided
public positions from choice, preferring the solid and more
substantial pleasures of the Hfe of a student, and to rank
high in his profession.

CONSTITUTIONS
ADOPTED BY BOTH CONVENTIONS.

REJECTED CONSTITUTION.

The foUowing is a fuU copy of the constitution for the
state of Wisconsin, as adopted by the convention at Mad
ison, December i6, 1846, and which was rejected by the
people at an election held on Tuesday, the 6th day of April,
1847, by a vote: For constitution, 14,119; against consti
tution, 20,232.

PREAMBLE.

The constitution of the state of Wisconsin, adopted in convention, at
Madison, on the sixteenth day of December, in the year of our Lord
one thousand eight hundred and forty-six, and of the independence of the
United States the seventy-first.
We, the people of Wisconsin, acknowledging with gratitude the grace
and beneficence of God in permitting us to make choice of our form
of government, having the right of admission into the Union as a
member of the confederacy, consistent witli the constitution of the
United States, and the ordinance of congress of one thousand seven
hundred and eighty-seven, believing that the time has arrived when
our present political condition ought to cease, and the right of self-
government to be asserted; and in order to establish justice, promote
the general welfare, and secure the blessings of liberty to ourselves
and our posterity, do mutually agree with each other to form ourselves
into a free and independent state, by the name of the " State of
Wisconsin," and do ordain and establish this constitution for the
government thereof. ARTICLE I.
ON BOUNDARIES.
Section i. It is hereby ordained and declared that the state of Wis
consin " doth consent to and accept of the boundar.es " prescribed in the
lact of cono-ress entitled " an act to enable the people of Wisconsin ter-

304 REJECTED CONSTITUTION.
ritory to form a constitution and state government, and for the admis
sion of such state into the Union," approved August sixth, one thousand
eight hundred and forty-six: Provided, however, that the following
alteration of the aforesaid boundary be and hereby is proposed to the
congress of the United States, as the preference of the state of Wiscon
sin, and if the same shall be assented and agreed to by the congress
of the United States, then the same shall be and forever remain obliga
tory on the state of Wisconsin, viz: Leaving the aforesaid boundary
line at the first rapids in the river St. Louis; thence in a direct line
southwardly to a point fifteen miles east of the most easterly point in
Lake St. Croix; thence due south to the main channel of the Missis
sippi river or Lake Pepin; thence down the said main channel of Lake
Pepin and the Mississippi river, as prescribed in the aforesaid boundary.
Section 2. This ordinance is hereby declared to be UTevocable without
the consent of the United States. ARTICLE XL
ON ACT OF CONGRESS FOR ADMISSION OF THE STATE.
Section i. The propositions of the congress of the United States, as
made and contained in their act of the sixth day of August, one thou
sand eight hundred and forty-six, entitled " 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," are hereby accepted,
ratified and confirmed : Provided, nevertheless, that nothing in this
constitution, or in the act of congress aforesaid, shall in any manner
prejudice or affect the right of the state of Wisconsin to five hundred
thousand acres of land granted to said state, and to be hereafter selected
and located by and under the act of congress of the United States, en
titled " an act to appropriate the proceeds of the sales of the public lands,
and grant pre-emption rights," approved September fourth, one thousand
eight hundred and forty-one.
Section 2. The state shall never interfere with the primary disposal of
the soil within the same by the United 'States, nor with any regulations
congress may find necessary for securing the title in such soil to bona fide
purchasers thereof; and no tax shall be imposed on land the property of
the United States; and in no case shall non-resident proprietors be taxed
higher than residents. ARTICLE IIL
on the EXECUTIVE OF THE STATE.
Section i. The executive power shall be vested in a governor, who
shall hold his office for two years. A lieutenant governor shall be
elected at the same time and for the same term.
Section 2. No person, except a citizen of the United States, and a

REJECTED CONSTITUTION. 305
qualified elector of this state, shall be eligible to the office of governor,
or lieutenant governor.
Section 3. The governor and lieutenant governor shall be elected at
the times and places of choosing members of the legislature. The per
sons respectively having the highest number of votes for governor and
lieutenant governor, shall be elected. But in case two or more-shall have
an equal and the highest number of votes for governor or for lieutenant
governor, the two houses of the legislature, at its next annual session,
shall forthwith, by joint ballot, choose one of the said persons so having
an equal and the highest number of votes for governor or lieutenant
governor. The returns of election' for governor and lieutenant governor
shall be made in such manner as shall be prescribed by law.
Section 4. The governor shall be commander-in-chief of the military
and naval forces of the state. He shall have power to convene the legis
lature on extraordinary occasions. He shall communicate to the legis
lature, at every session, the condition of the state, and recommend
such matters to them for their consideration as he may deem expedient.
He shall transact all necessary business with the officers of the govern
ment, civil and military. He shall expedite all such measures as may
be resolved upon by the legislature, and shall take care that the laws are
faithfully executed.
Section 5. The governor shall receive as a compensation for his ser
vices annually, the sum of one thousand dollars.
Section 6. The governor shall have power to grant reprieves and
pardons, after conviction, for all offenses except treason and cases of im
peachment. He may commute sentence of death to imprisonment in a
states prison for life. He may grant pardons upon such conditions and
with such restrictions and limitations as he may think proper. Upon
conviction for treason, he shall have the power to suspend the sentence.
until the case shall be reported to the legislature at its next session. He
shall communicate to the legislature, by message, each case of reprieve,
commutation and pardon by him granted, since the next previous session
of the legislature, stating the name of the convict, the crime of which he
was convicted, the sentence and its date, and the date and conditions of
the commutation, pardon, or reprieve.
Section 7. In case of the impeachment of the governor, or his re
moval froin office, death, inability from mental or physical disease, resig
nation or absence from the state, the powers and duties of the office shall
devolve upon the lieutenant governor, for the residue of the term, or until
the governor, absent or impeached, shall have returned, or the disability
shall cease. But when the governor shall, with the consent of the legis
lature, be out of the state in time of war, at the head of the military
force thereof, he shall continue commander-in-chief of all the military'
force of the state.
20

2o6 REJECTED CONSTITUTION.
Section 8. The lieutenant governor shall be president of the senate,
but shall have only a casting vote therein. If, during a vacancy of the
office of governor, the lieutenant governor shall be impeached, displaced,
resign, die, or from mental or physical disease become incapable of per
forming his duties, or hfe absent from the state, the secretary of state
shall act as governor until the vacancy shall be filled, or the disability
shall cease.
Section 9. The lieutenant governor shall receive double the per diem
of members of the senate for every day's attendance as president of the
senate, and the same mileage as shall be allowed to members of the
legislature. Section 10. The governor and lieutenant governor, or either of them,
shall not, during the term for which he or they are elected, hold any
other office of trust, honor, profit or emolument under this state, or the
United States, or any other state of the Union, or any foreign state or
government. Section ii. Every bill which shall have passed the legislature shall,
before it becomes a law, be presented to the governor. If he approve,
he shall sign it; but if not, he shall return it, with his objections, to that
house in which it shall have originated, who shall enter the objections at
large on their journals, and proceed to reconsider it. If, after such re
consideration, two-thirds of the members present shall agree to pass the
bill, it shall be sent, together with the objections, to the other house, by
which it shall likewise be reconsidered, and, if approved by two-thirds
of the members present, it shall become a law. But in all such cases,
the votes of both houses shall be determined by yeas and nays, and the
names voting for and against the bill shall be entered on the journal of
each house respectively. If any bill shall not be returned by the gov
ernor within three days (Sundays excepted) after it shall have been pre-'
sented to him, the same shall be a law, unless the legislature shall, by
their adjournment, prevent its return ; in which case it shall not be a law.
ARTICLE IV.
administrative.
Section i. A secretary of state, who shall ex-officio be the auditor, a
treasurer, and an attorney general, shall be elected at the times and places
of choosing governor and lieutenant governor, and shall hold their offices
for the term of two years.
Section 2. The secretary of state shall keep a fair record of the
official acts of the legislative and executive departments of the state, and
shall, when required, lay the same, and all matters relative thereto, be
fore either branch of the legislature ; and shall perforin such other duties
as shall be assigned him by law. He shall receive as a compensation

REJECTED CONSTITUTION. 307
for his services, yearly, such sum as shall be provided by law, not ex
ceeding one thousand dollars, and shall keep his office at the seat of
government. Section 3. The powers, duties and compensation of the treasurer and
attorney general shall be prescribed by law. Each of said officers shall
receive as a compensation for his services yearly, a sum to be prescribed
by law.
Section 4. The legislature shall not grant or allow to any officer
named in this article any extra compensation under any pretense, or in
any form whatever. ARTICLE V.
ON THE constitution AND ORGANIZATION OF THE LEGISLATURE.
Section i. The legislative power shall be vested in a senate and
house of representatives.
Section 2. The number of the members of the house of representa
tives shall never be less than sixty, nor greater than one hundred and
twenty. The senate shall consist of a number of members not greater
tlian one-third nor less than one-fourth of the number of the members of
the house of representatives.
Section 3. The legislature shall provide by law for an enumeration
of the inhabitants of this state, in the year one thousand eight hundred
and fifty-five, and at the end of every ten years thereafter; and shall also
provide for such enumeration in the year one thousand eight hundred
and forty-eight; and at their first session after each enumeration so made
as aforesaid, and also after each enumeration made by the authority of
the United States, the legislature shall apportion anew the representa
tives and senators among the several districts, according to the number,
of inhabitants, excluding Indians not taxed, and soldiers and officers of
the United States army and navy.
Section 4. Until there shall be a new apportionment of the senators
and members of the house of representatives, the state shall be divided
into senatorial and representative districts as follows, and the senators
and members of the house of representatives shall be apportioned among
the several districts as follows, viz:
The county of Brown shall constitute the first representative district,
and shall be entitled to one representative.
The county of Calumet shall .constitute the second representative
district, and shall be entitled to one representative.
The county of Manitowoc shall constitute the third representative
district, and shall be entitled to one representative.
The county of Marquette shall constitute the fourth representative
district, and shall be entitled to one representative.
The county of Winnebago shall constitute the fifth representative
district, and shall be entitled to one representative.

3o8 REJECTED CONSTITUTION.
¦The county of Sheboygan shall constitute the sixth representative
district, and shall be entitled to one representative.
The county of Fond du Lac shall constitute the seventh representative
district, and shall be entitled to two representatives.
The county of Columbia shall constitute the eighth representative
district, and shall be entitled to one representative.
The county of Sauk shall constitute the ninth representative district,
and shall be entitled to one representative.
. The county of Washington shall constitute the tenth representative
district, and shall be entiiled to four representatives.
The county of Dodge shall constitute the eleventh representative dis
trict, and shall be entitled to four representatives.
The county of Milwaukee shall constitute the twelfth representative
district, and shall be entitled to "eight representatives.
The county of Waukesha shall constitute the thirteenth representa
tive district, and shall be entitled to six representatives.
The county of Jefferson shall constitute the fourteenth representative
district, and shall be entitled to five representatives.
The county of Dane shall constitute the fifteenth representative dis
trict, and shall be entitled to four representatives.
The county of Racine shall constitute the sixteenth representative
district, and shall be entitled to ten representatives.
The county of Walworth shall constitute the seventeenth representa
tive district, and shall be entitled to six representatives.
The county of Rock shall constitute the eighteenth representative dis
trict, and shall be entitled to five representatives.
The county of Green shall constitute the nineteenth representative
district, and shall be entitled to one representative.
The county of Iowa shall constitute the twentieth representative dis
trict, and shall be entitled to seven representatives: Provided, That
whenever the said county of Iowa shall be divided, and two new coun
ties shall be organized out of the same, then the northern of said two
new counties shall be entitled to three representatives, and the southern
of said two new counties shall be entitled to four representatives.
The county of Grant shall constitute the twenty-first representative
district, and shall be entitled to five representatives.
The counties of Crawford and Richland shall constitute the twenty-
second representative district, and shall be entitled to one representative.
The counties of St. Croix and Chippewa shall constitute the twenty-
third representative district, and shall be entitled to one representative. ,
The county of La Pointe shall constitute the twenty-fourth represent
ative district, and shall be entitled to one representative.
The county of Portage shall constitute the twanty-fifth representative
district, and shall be entitled to one representative.

REJECTED CONSTITUTION. 3O9
The counties of Brown, Calumet, Winnebago, Fond du Lac, Manito
woc and Sheboygan shall constitute the first senatorial district, and shall
be entitled to one senator.
' The counties of Marquette, Columbia, Portage, Sauk, Richland, Craw
ford, Chippewa, St. Croix and La Pointe shall constitute the second sena
torial district, and shall be entitled to one senator.
The county of Washington shall , constitute the third senatorial dis
trict, and shall be entitled to one senator.
The county of Dodge shall constitute the fourth senatorial district,
and shall be entitled to one senator.
The county of Milwaukee shall constitute the fifth senatorial district,
and shall be entitled to two senators.
The county of Waukesha shall constitute the sixth senatorial district,
and shall be entitled to two senators.
The county of Jefferson shall constitute the seventh senatorial district,
and shall be entitled to one senator.
The county of Dane shall constitute the eighth senatorial district, and
shall be entitled to one senator.
The county of Racine shall constitute the ninth senatorial district, and
shall be entitled to two senators.
The county of Walworth shall constitute the tenth senatorial district,
and shall be entitled to two senators.
- The county of Rock shall constitute the eleventh senatorial district,
and shall be entitled to two senators.
The county of Green shall constitute the twelfth senatorial district,
and shall be entitled to one senator.
The county of Iowa shall constitute the thirteenth senatorial district,
and shall be entitled to two senators : Provided, That whenever the
said county of Iowa shall be divided, and two new counties shall be or
ganized out of the same, then the northern of said two new counties
shall be entitled to one senator, and the southern of said two new couur
ties shall be entitled to one senator.
The county of Grant shall constitute the fourteenth senatorial district,
and shall be entitled to two senators.
Section 5. The representatives shall be chosen annually, on the day
of the general election, by the qualified electors of the several districts ;
the senators shall be chosen biennially, for two years, at the same time
and in the same manner as the representatives are required to be chosen.
Section 6. Senators and representatives shall be qualified electors in
the respective districts which they represent, and shall have resided at
least one year in the state.
Section 7. No person holding office under the United States (post
masters excepted) shall be eligible to a seat in either branch of the legis
lature of this state.

3IO REJECTED CONSTITUTION.
Section 8. A majority of each house shall constitute a quorum to
do business ; but a smaller number may adjourn from day to day, and
may compel the attendance of absent members in such manner and
under such penalties as each house may provide. Each house shall
choose its own officers.
Section 9. Each house shall determine the rules of its proceedings,
and judge of the qualifications, elections, and returns of its own mem
bers ; may punish for contempts, and its members for disorderly behavior,
and may, with the concurrence of two-thirds of all the members elected,
expel a member; but no member shall be expelled a second time for the
same cause.
Section 10. No senator or representative in the legislature of this
state shall, during the time for which he was elected, or during one year
after the expiration thereof, be appointed or elected to any civil office
under the authority of this state, which shall have been created or the
emoluments whereof shall have been increased during the term for
which he was elected.
Section ii. Senators and representatives shall, in all cases except
treason, felony, and breach of the peace, be privileged from arrest, nor
shall they be subject to any civil process during the session of the legis
lature, nor for fifteen days next before the commencement and after the
termination of each session.
Section 12. The legislature shall meet at the seat of government on
the second Thursday of January in every year, and at no other period,
unless otherwise directed by law, or provided for in this constitution.
Section 13. The governor shall issue writs of election to fill such
vacancies as may occur in the senate or house of representatives.
Section 14. The style of the laws of this state shall be, " It is enacted
by the legislature of the state of Wisconsin as follows, viz : "
Section 15. Each member of the legislature shall receive for his
services, two dollars for each day's attendance during the first forty days
of any session, and one dollar for each day's attendance during the re
mainder of such session, and ten cents for every mile he shall travel in __
going to and returning from the place of the meeting of the legislature,
to be computed by the most usually traveled route.
ARTICLE VI.
on the powers, duties and restrictions of the legislature.
Section i. Each house shall keep a journal of its proceedings, and
publish the same, except such parts as may require secrecy. The doors
of each house shall be kept open, except when the public welfare shall
require secrecy. Neither house shall, without consent of the other,
adjourn for more than two days.

REJECTEiD CONSTITUTION. 3 II
Section 2. Any bill may originate in either house of the legislature,
and alLbills passed by one house may be amended by the other; and on
the final passage of all bills, the vote shall be by ayes and noes, and shall
be entered on the journal.
Section 3. The legislature may confer upon the boards of super
visors of the several counties of the state, such powers of local legisla
tion and administration as they shall from time to time prescribe.
Section 4. No private or local bill which may be passed by the
legislature shall embrace more than one subject, and that shall be
expressed in the title.
Section 5. The legislature shall never grant extra compensation to
any public officer, agent, servant or contractor, after the service shall
have been rendered or the contract entered into.
Section 6. Members of the legislature, and all officers, executive and
judicial, except such inferior officers as may by law be exempted, shall,
before they enter upon the duties of their respective offices, take and sub
scribe the following oath or affirmation: "I do solemnly swear (or
affirm, as the case may be) that I will support the constitution of the
United States, and tjhe constitution of the state of Wisconsin, and that I
will faitlifuUy discharge the duties of the office of  , according to
the best of my ability."
Section 7. The legislature shall never authorize any lottery.
Section 8. One-fifth of the members present, of each house, shall
be entitled to call for the ayes and noes on any question, and to have
the same entered upon the journal.
Section 9. The legislature shall establish but one system of town
and county government, which shall be uniform, as near as may be,
throughout the state.
Section 10. The legislature shall direct by law in what manner and
in what courts suits may be brought against the state.
ARTICLE VII. ,
on the organization and functions of the judiciary.
Section i. The court for the trial of impeachments shall be com
posed of the senate. The house of representatives shall have the power
of impeaching all civil officers of this state, for corrupt conduct in office,
or for crimes and misdemeanors ; but a majority of all the members
elected shall concur in an impeachment. Ori the trial of an impeach
ment against the governor, the lieutenant' governor shall not act as a
member of the court. No judicial officer shall exercise his office after
he shall have been impeached, until his acquittal. Before the ti-ial of
an impeachment, the members of the court shall take an oath or affirma
tion, truly and impartially to try the impeachment according to evidence ;

312 JtEJECTED CONSTITUTION.
and no person shall be convicted without the concurrence of two-thirds
of the members present. Judgment in cases of impeachment shall not
extend further than to removal from office, or removal from office and
disqualification to hold any office of honor, profit, or trust, under this
state ; but the party impeached shall be liable to indictment, trial and
punishment according to law.
Section 2. The judicial power of this state, both as to matters of
law and equity, shall be vested in a supreme court, circuit courts, courts
of probate, and in justices of the peace. The legislature may also vest
such jurisdiction as shall be deemed necessary, in municipal courts, and
shall liave power to establish inferior courts in the several counties, with
limited civil and criminal jurisdiction.
Section 3. The supreme court, except in cases otherwise provided in
this constitution, shall have appellate jurisdiction only, which shall be
co-extensive with the state ; but in no case removed to the supreme court
shall a trial by jury be allowed in said court. The supreme court shall
have a general superintending control over all inferior courts ; it shall
have powei,- to issue writs of habeas corpus, mandamus, injunction, quo
warranto, certiorari, and other original and remedial writs, and to hear
and determine the same.
Section 4. For the term of five years from the first election of the
judges of circuit courts, and thereafter until the legislature shall other
wise provide, the judges of the several circuit courts shall be judges of
the supreme court, a majority of whom shall constitute a quorum, and
the concurrence of a majority of the judges present shall be necessary
to a decision.
Section 5. The state shall be divided into five judicial circuits, to be
composed as follows : The first circuit shall comprise the counties of
Racine, Walworth, Rock and Green. The second circuit, the counties
of Milwaukee, Waukesha, Jefferson and Dane. The third circuit, the
counties of Washington, Dodge, Columbia, Marquette, Sauk and Port
age. The fourth circuit, the counties of BrOwn, Manitowoc, Sheboygan,
Fond du Lac, Winnebago and Calumet; and the fifth circuit shall com
prise the counties of Iowa, Grant, Crawford and Richland; and the
counties of Chippewa, St. Croix and La Pointe shall be attached to the
county of Crawford, for judicial purposes, until otherwise provided by
the legislature.
Section 6. The legislature may alter, increase or diminish the num
ber of circuits, making them as compact and convenient as may be, and
bcunding them by county lines ; but no alteration or diminution of the
number of circuits shall have the effect to remove a judge from office.
Section 7. For each circuit there shall be a judge chosen by the
qualified electors therein, who shall hold his office for the term of five
years, and until his successor shall be chosen and qualified; and after he

REJECTED CONSTITUTION. 313
sliall have been elected, he shall reside in the circuit for which he was
elected. One of said judges shall be designated as chief justice, in sucli
manner as the legislature shall provide.
Section 8. The circuit courts shall have original jurisdiction in all
matters, civil and criminal, within this state, not otherwise excepted in
this constitution, and not hereafter prohibited by law, and appellate juris
diction from all inferior courts and tribunals, and a supervisory control
over the same. They shall also have the power to issue writs of habeas
corpus, mandamus, injunction, quo warranto, certiorari, and all other
writs necessary to enforce their own j urisdiction, and give them a gen
eral control over inferior courts and j urisdictions.
Section 9. "When a vacancy shall happen in the office of a supreme
or circuit judge, such vacancy shall be filled by an appointment by the
governor, which shall continue until a successor is elected and qualified ;
and when elected, such successor shall hold his office for a full term.
No election for judges, or for any single judge of the supreme or circuit
court, shall be held within thirty days of any general election for state
or county officers.
Section 10. Each of the judges of the supreme and circuit courts
shall receive a salary of one thousand five hundred dollars annually;
they shall receive no fees of office, or other compensation tlian their sal
aries; they shall hold no other office of public ti-ust, and all votes for
either of them for any office except that of judge of the supreme or cir
cuit court, given by the legislature or the people, shall be void. If any
judge shall resign his office, he shall not be eligible or appointed to any
office within two years after such resignation. No person shall be
elected to the office of judge who is not a citizen of the United States,
who shall not have attained the age of twenty-five years, and who shall
not have resided within this state or territory two years previous to his
election. Section ii. The supreme court shall hold at least one term in each
judicial circuit annually, at such times and places as shall be provided
bv law. A circuit court shall be held in each county of this state,
organized for judicial purposes, at least twice in each year. The circuit
judges may hold courts for each other, and shall do so when required
by law.
Section 12. Until the legislature shall otherwise provide, the circuit
judges shall interchange circuits, and hold courts in such manner that no
judge of either of said circuits shall hold court in any one circuit for
more than one year in five successive years, except in case of vacancy,
absence, or of inability or disability of one of said judges.
Section 13. There shall be a clerk of the circuit court chosen in
each county organized for judicial purposes, by the qualified electors
therein who shall hold his office for two yeai'S, subject to removal, as

314 REJECTED CONSTITUTION.
shall be provided by law. In case of a vacancy, the judge of the circuit'
court shall have tlie power to appoint a clerk, until the vacancy shall be
filled by an election. The clerk of the circuit court shall perform all
the duties of the office of register of deeds. On the first Monday in
January and July in each year, he shall make a statement under oath of
all the fees of his office during the half year next preceding, and deposit
such statement in the office of the county treasurer; when the fees men
tioned in such statement shall exceed the sum of seven hundred and
fifty dollars, he shall pay seventy-five per centum of such excess into
the county treasury. He may in all cases demand his fees in advance,
and shall give such security as the legislature may require. The supreme
court shall appoint its own clerks, and the clerk of a circuit court may
be appointed a clerk of the supreme court.
Section 14. Any judge of the supreme or circuit court may be re
moved from office by address of both houses of the legislature, if two-
thirds of all the members elected to each house concur therein ; but no
removal shall be made by virtue of this section, unless the party com
plained of shall have been served with a copy of the complaint against
him, and shall have had an opportunity of being heard in his defense.
On the question of removal, the ayes and noes shall be entered on the
journals. Section 15. There shall be chosen in each county, by the qualified
electors thereof, a judge of probate, who shall hold his office for two
years, and until his successor is elected and qualified.
Section 16. The electors of the several towns, at their annual town
meeting, and the electors of cities and villages, at their charter elections,
shall, in such manner as the legislature may direct, elect justices of the
peace, whose term of office shall be for two years, and until their suc
cessors in office shall be elected and qualified. They shall have civil
and criminal jurisdiction co-extensive with the county in which they are
elected, in such cases as shall be prescribed by law.
Section 17. Tribunals of conciliation may be established, with such
powers and duties as may be prescribed by law; but such tribunals shall
have no power to render judgment to be obligatory on the parties, unless
they agree to abide the judgment, or assent thereto in the' presence of
such tribunal.
Section 18. The legislature shall have power to vest in clerks of
courts, or in other competent persons, authority to grant such orders and
do such acts as may be deemed necessary for the furtherance of the
administration of justice; but in all cases the powers thus granted shall
be specified and determined.
Section 19. The style of all writs and process shall be, "The State
of Wisconsin." All criminal prosecutions shall be carried on in the
name and by the authority of the same; and all indictments shall con
clude against the peace and dignity of the state.

REJECTED CONSTITUTION. 315
Section 20, The legislature shall impose a tax on all civil suits com
menced or prosecuted in the supreme or circuit courts, which shall be
paid into the treasury of the state, and shall constitute a fund to be
applied toward the payment of the salary of judges.
Section 21. The testhnony in equity cases shall be taken in like
manner as in cases at law; and the office of master in chancery shall be
abolished. Section 22. Any suitor in any court of this state, shall have the
right to prosecute or defend his suit either in his own proper person or
by an attorney or agent of his choice.
Section 23. A disti-ict attorney shall be elected in each county
organized for judicial purposes, by the qualified electors therein, whose
duties, compensation and term of service shall be prescribed by law.
Section 24. The legislature shall provide for the speedy publication
of all statute laws, and of such judicial decisions made within this state
as it may deem expedient. All laws and judicial decisions shall be free
for publication by any person, and no general law shall be in force until
published. Section 25. The legislature, at its first session after the admission of
this state into the Union, shall provide for the appointment of three
commissioners, whose duty it shall be to revise, simplify and arrange
the statute laws of this state with proposed amendments; to inquire
into and ascertain the rules of practice, pleadings, forms and proceed
ings most suitable to be adopted in the courts of record in this state, and
to report thereon to the legislature, subject to their modification and
adoption. ARTICLE VIII.
ON SUFFRAGE AND THE ELECTIVE FRANCHISE.
Section i. All male persons of the age of twenty-one years or
upwards, belonging to any of the four following classes, who shall have
resided in this state for one year next preceding any election, authorized
by this constitution, or any law, shall constitute a qualified elector at
such election :
1st. All white citizens of the United States.
2d. All white persons, not citizens of the United States, who shall
have declared their intention to become such, in conformity with the
laws of congi-ess for the naturalization of aliens, and shall have taken
before any officer of this state authorized to administer oaths, and filed
in the office of the clerk of any court of record in this state, or in
counties where there may be no court of record, in the office of the
clerk of the county, an oath to support the constitution of the United
States and of this state.
3d. All Indians declared to be citizens of the United States by any
law of congress.

3l6 REJECTED CONSTITUTION.
4th. All civilized persons of Indian blood not members of any tribe
of Indians.
Section 2. Whenever congress shall dispense with a declaration of
intention as a requisite to naturalization, the declaration of intention
required of the second class of electors shall be made and filed in the
office of the clerk of any court of record in this state.
Section 3. No elector shall be entitled to vote except in the district,
county or township in which he shall have actually resided for ten days
next preceding such election : Provided, that any such elector shall be
permitted to vote anywhere in the state for state officers.
Section 4. No person under guardianship shall be permitted to vote
at any election.
Section 5. All votes shall be given by ballot, except for such town
ship officers as may by law be directed or allowed to be otherwise chosen;
and in all elections to be made by the legislature, the members thereof
shall vote viva voce; and their votes shall be entered on the journal.
Section 6, Electors shall in all cases except treason, felony, or
breach of the peace, be privileged from arrest during their attendance at
elections, and in going to and returning from the same.
Section 7. No elector shall be obliged to do military duty on the
days of election, except in time of war, actual invasion, insurrection or
public danger; nor shall any elector on the days of election be obliged
to attend any court, either as a suitor, witness or juroK.
Section 8. No person shall be deemed to have lost his residence in
this state by reason of his absence on business of the United States or
of this state.
Section 9. No soldier, seaman, or marine, in the army or navy of
the United States, shall be deemed a resident of this state in consequence
of being stationed in any military or naval place within the same.
Section 10. It shall not be lawful for any voter, directly or indirectly,
to make any bet or wager on any election at which he shall vote, and it
shall be the duty of the legislature to prescribe as a part of the oath to
be taken by any voter, that he has not directly or indirectly made any
bet or wager on the election at which he offers his vote.
ARTICLE IX.
on education, SCHOOLS AND SCHOOL FUNDS.
Section i. The supervision of public instruction shall be vested in
a state superintendent, and such other officers as the legislature may
direct. The state superintendent shall be elected or appointed in such
manner and for such term of office as the legislature shall direct. The
-legislature shall provide for filling vacancies in the office of state super
intendent, and prescribe his powers and duties.

REJECTED CONSTITUTION. 3 17
Section 2. There shall be a state fund for the support of common
schools throughout the state, the capital of which shall be preserved
inviolate. All moneys that may be granted by the United States to this
state, and the clear proceeds of all property, real or personal, that has
been or may be granted as aforesaid, for educational purposes (except the
lands heretofore granted for the purposes of a university), or for the use
of the state, where the purposes of the grant are not specified; and all
moneys, and the clear proceeds of all property that may accrue to the
state by forfeiture or escheat, shall be appropriated to and made a part
of the capital of said fund. The interest on said fund, together with the
rents on all such property, until sold, shall be inviolably appropriated to,
the support of said schools annually. Provision shall be made by law
for an equal and equitable distribution of the income of the state school
fund amongst the several towns, cities and districts, for the support of
schools therein respectively, in some just ratio to the number of children
who shall reside in the same, between the ages of five and sixteen years
inclusive. Section 3. Provision shall be made by law requiring the several
towns and cities to raise a tax on the taxable property therein, annually,
for the support of common schools in said towns and cities respectively.
Section 4. The legislature shall provide for a system of common
schools, which shall be as nearlj' uniform as may be throughout the
state, and the common schools shall be equally free to all children, and
no sectarian instruction be used or permitted in any common school in
this state.
Section 5. The legislature shall provide for the establishment of
libraries, one at least in each town and city ; and the money which shall
be paid as an equivalent for exemption from military duty, and the clear
proceeds of all fines assessed in the several counties for any breach
of the penal law shall be exclusively applied to the support of such
libraries. ARTICLE X.
ON BANKS AND BANKING.
Section' I. There shall be no bank of issue within this state.
Section 2. The legislature shall not have power to authorize or in
corporate, by any general or special law, any bank or other institution
having any banking power or privilege, or to confer upon any corpora
tion, institution, person or persons any banking power or privilege.
Section 3. It shall not be lawful for any corporation, institution,
person or persons, within this state, under any pretense or authority, to
make or issue any paper money, note, bill, certificate, or other evidence
of debt whatever, intended to circulate as money.
Section 4. It shall not be lawful for any corporation within this
state under any pretense or authority, to exercise the business of receiv-

3l8 REJECTED CONSTITUTION.
ing deposits of money, making discounts or buying or selling bills of
exchange, or to do any other banking business whatever.
Section 5. No branch or agency of any bank or banking institution
of the United States, or of any state or territory within or without the
United States, shall be established or maintained within this state.
Section 6. It shall not be lawful to circulate within this state after
the year one thousand eight hundred and forty-seven, any paper money,
note, bill, certificate, or other evidence of debt whatever, intended to cir
culate as money, issued without this state, of any denomination less than
ten dollars, or after the year one thousand eight hundred and forty-nine,
of any denomination less than twenty dollars.
Section 7. The legislature shall at its first session after the adoption
of this constitution, and from time to time thereafter, as may be neces
sary, enact adequate penalties for the punishment of all violations and
evasions of the provisions of this article.
ARTICLE XL
on internal improvements.
Section i. This state shall encourage internal improvements by
individuals, associations and corporations, but shall not carry on, or be a
party in carrying on, any work of internal improvement, except in cases
authorized by the second section of this' article.
Section 2. When grants of land or other property shall have been
made to the state, especially dedicated by the grant to particular works
of internal improvement, the state may carry on such particular works,
and shall devote thereto the avails of such grants so dedicated thereto;
but shall in no case pledge the faith or credit of the state, or incur any
debt or liability for such work of internal improvement.
Section 3. All lands which shall come to the state by forfeiture or
escheat, or by grant, where the grant does not specially dedicate the
same to any other object, shall be held by the state as a part of the state
school fund, under the same trusts, reservations and restrictions as are
provided in this constitution in regard to school lands proper.
ARTICLE XII-
ON TAXATION, FINANCE, AND PUBLIC DEBT.
Section x. All taxes to be levied in this state, at any time, shall be
as nearly equal as may be.
Section 2. No money shall ever be paid out of the treasury of this
state, except in pursuance of an appropriation by law.
Section 3. The credit of the state shall never be given or loaned in
aid of any individual, association or corporation.

REJECTED CONSTITUTION. 319
Section 4. There shall be published by the treasurer, in at feast one
newspaper printed at the seat of government, during the first week in
January in each year, and in the next volume of the acts of the legisla
ture, a detailed statement of all moneys drawn from the treasury during
the preceding year, for what purposes and to whom paid, and by what
law authorized.
Section 5. There shall never be issued by, or in any way on behalf
of the state, any scrip, or other evidence of state debt, except in the cases
and manner authorized in the eighth, ninth and tenth sections of this
article. Section 6. This state shall never contract any public debt, unless in
time of war, to repel invasion, or suppress insurrection, except in the
cases and manner provided in the eighth, ninth and tenth sections of this
article. Section 7- The legislature shall provide for an annual tax sufficient
to defray the estimated expenses for each year ; and whenever it shall
happen that the expenses of the state for any year shall exceed the in
come of the state for such year, the legislature shall provide for levying
a tax for the ensuing year, sufficient with other sources of income, to
pay the deficiency of the preceding year, together with the estimated
expenses of such ensuing year.
Section 8. For the purpose of defraying extraordinary expenditures,
the state may contract public debts; but such debts shall never, singly,
or in the aggregate, exceed one hundred thousand dollars. Every such
debt shall be authorized by law, for some single work or object to be
distinctly specified therein; and no such law shall take effect until it
shall have been passed by the vote of two-thirds of the members of each
house, to be recorded by yeas and nays on the journals of each house
respectively ; and every such law shall levy an annual tax sufficient to
pay the annual interest of such debt, and also a tax sufficient to pay the
principal of such debt within five years from the final passage of such
law, and shall specially appropriate the proceeds of such taxes to the
payment of such principal and interest; and such appropriation shall
not be repealed, and such taxes shall not be repealed, postponed or
diminished until the principal and interest of such debt shall have been
wholly paid.
Section 9. AH debts authorized by the preceding section shall be
contracted by loan on state bonds, of amounts not less than five hundred
dollars each, on interest, payable within five years after the final passage
of the law authorizing such debt, and such bonds shall not be sold for
less than par. A correct registry of all such bonds shall be kept by the
treasurer in numerical order, so as always to exhibit the number and
amount issued, the number and amount unpaid, and to whom severally
made payable.

320 REJECTED CONSTITUTION.
Section io. On the final passage, in either house of the legislature,
of any law which imposes, continues or renews a tax, or creates a debt
or charge, or makes, continues or renews an appropriation of public or
trust money, or releases, discharges or commutes a claim or demand of
the state, the question shall be taken by yeas and nays, which shall be
duly entered on the journals ; and three-fifths of all the members elected
to each house shall in all such cases be required to constitute a quorum
therein. Section ii. The money arising from any loan made, or debt or
liability contracted, shall be applied to the work or object specified in the
act authorizing such debt or liability, or to the repayment of such debt
or liability, and to no other purpose whatever.
ARTICLE XIIL
on the militia.
Section i. The militia of this state shall consist of all free, able-
bodied male persons (negroes and mulattoes excepted), resident in the
said state, between the ages of eighteen and forty -five years ; except such
persons as now are, or hereafter may be, exempted by the laws of the
United States, or of this state; and they shall be armed, equipped, organ
ized and disciplined in such manner and at such times as may be directed
'by law. Those who conscientiously scruple to bear arms shall not be
compelled to do so, but shall pay an equivalent for personal service.
Section 2. The militia of this state shall be divided into convenient
divisions, brigades, regiments, battalions and companies, with officers' of
corresponding titles and rank to command them, conforming as nearly
as practicable to the general regulations of the army of the United
States. Section 3. Captains and subalterns in the militia, field officers of
regiments, brigade inspectors,, brigadier generals and major generals,
shall be elected or appointed in such manner as shall hereafter be pro
vided by law.
Section 4. The governor shall appoint the adjutant general and
other members of his staff. Major generals, brigadier generals and com
manders of regiments and separate battalions, shall respectively appoint
their own staff. All staff officers may continue in office during good
behavior, and shall be subject to be removed by the superior ofHcer from
whom they respectively receive their appointment.
Section 5. All military officers shall be commissioned by the gov
ernor. Section ^. The militia, as divided into divisions, brigades, regiments,
battalions and companies, pursuant to the laws now in force, shall re
main so organized until the same shall be altered or regulated by the
legislature.

REJECTED CONSTITUTION. 32 1

ARTICLE XIV.
ON THE RIGHTS OF MARRIED -WOMEN, AND ON EXEMPTIONS FROM
FORCED SALE.
Section i. All property, real and personal, of the wife, owned by her
at the time of her marriage, and also that acquired by her after marriage,
by gift, devise, descent or otherwise than from her husband, shall be her
separate property. Laws shall be passed providing for the registry of
the wife's property, and more clearly defining the rights of the wife
thereto, as well as to property held by her with her husband, and for car
rying out the prcivisions of this section. Where the wife has a separate
property from that of the husband, the same shall be liable for the debts
of the wife contracted before marriage.
Section 2. Forty acres of land, to be selected by the owner thereof,
or the homestead of a family not exceeding forty acres, which said land
or homestead shall not be included within any city or village, and shall
not exceed in value one thousand dollars, or instead thereof (at the option
of the owner) any lot or lots in any city or village, being the homestead
of a family and not exceeding in value one thousand doUars, owned and
occupied by any resident of this state, shall not be subject to forced sale
on execution, for any debt or debts growing out of or founded upon con
tract, either express or implied, made after the adoption of this constitu
tion: Provided, That such exemption shall not affect in any manner
any mechanic's or laborer's lien or any mortgage thereon, lawfully ob
tained, nor shall the owner, if a married man, be at liberty to alienate
such real estate unless by consent of the wife.
ARTICLE XV.
ON EMINENT DOMAIN AND PROPERTY OF THE STATE.
Section i. The state shall have concurrent jurisdiction on the river
.Mississippi, and on every other river and lake bordering on the said
state, so far as the said river or lake shall form a common boundary to
the said state, and any other state or states, territory or territories, now
or hereafter to be formed and bounded by the same. And the said river
Mississippi, and the navigable waters leading into the Mississippi and
St. Lawrence, and the carrying places between the same, shall be com
mon highways, and forever free as well to the inhabitants of this state,
as to the citizens of the United States, without any tax, impost, or duty
therefor. No law shall be passed to take away or abridge the rights of
owners to the riparian soil or land under water, unless in the same law
provision is made for full compensation to such riparian owners.
Section 2. All lands and other property which have accrued to the
21

322, REJECTED CONSTITUTION.
territory of Wisconsin, by grant, gift, purchase, forfeiture, escheat or
otherwise, shall vest in the state of Wisconsin.
Section 3. The people of this state, in their right of sovereignty, are
declared to possess the ultimate property in and to all lands within the
jurisdiction of this state; and all lands, the title to which shall fail from
a defect of heirs, shall revert or escheat to the people.
ARTICLE XVI.
BILL OF RIGHTS.
Section i. All men are born equally free and independent; all power
is inherent in, and all government of right originates with, the people, is
founded in their authority, and instituted for their peace, safety and hap
piness. Section 2. There shall be neither slavery nor involuntary servitude
in this state, otherwise than for the punishment of crime, whereof the
party shall have been duly convicted.
Section 3. Every person may freely speak, write and publish his
sentiments on all subjects, being responsible for the abuse of that right,
and no laws shall be passed to restrain or abridge the liberty of speech
or of the press. In all prosecutions or indictments for libel, the truth may
be given in evidence to the jury; and if it shall appear to the jury that
the matter charged as libelous be true, and was published with good mo
tives and for justifiable ends, the party shall be acquitted; and the jury
shall have the right to determine the law and the fact.
Section 4. The people shall at all times have the right, in a peace
able manner, to assemble together to consult for the common good.
Section 5. No words spoken in debate in either house of the legis
lature shall be the foundation of any action, complaint or prosecution
whatever. Section 6. The trial by jury in all suits at law shall be preserved,
but a jury trial may be waived by the parties in all civil cases, in the
manner prescribed by law.
Section 7. No law shall be passed granting any divorce, otherwise
than by due judicial proceedings.
Section 8. Excessive bail shall not be required; excessive fines shall
not be imposed; and cruel and unjust punishment shall not be inflicted.
Section 9. In all criminal prosecutions, the accused shall have the
right to a speedy and public trial by an impartial jury of the vicinage;
to be confronted with the witnesses against him ; to have compulsory _
process for obtaining witnesses in his favor, and to have the assistance of
counsel for his defense.
Section 10. No person shall be held to answer for a capital or other
wise infamous crime unless on presentment or indictment of a grand

REJECTED CONSTITUTION. 323
jury, and no person for the same offense shall be twice put in jeopardy
of punishment; nor shall be compelled, in any criminal case, to be a
witness against himself; all persons shall, before conviction, be bailable
by sufficient sureties, except for capital oftenses, when the proof is evi
dent or the presumption great; and the privilege of the writ of habeas
corpus shall not be suspended unless when, in cases of rebellion or inva
sion, the public safety may require it.
Section ii. Treason against the state shall consist only in levying
war against the same, or in adhering to its enemies, giving them aid and
comfort. No person shall be convicted of treason, unless on the testi
mony of two witnesses to the same overt act, or on confession in open
court Section 12. The right of the people to be secure in their persons,
houses, papers and effects, against unreasonable searches and seizures,
shall not be violated, and no warrants to search any place or seize any
person or thing shall issue without describing them as near as may be;
nor without probable cause, supported by oath or affirmation.
Section 13. No bill of attainder, ex post facto law, nor any law im
pairing the validity of contracts, shall ever be passed, and no conviction
shall work corruption of blood or forfeiture of estate.
Section 14. The property of no person shall be taken for public use
without just compensation therefor.
Section 15. Foreigners who are or may hereafter become residents
of this state, shall enjoy the same rights in respect to the possession,
enjoyment and descent of property as native born citizens.
Section 16. No person shall be imprisoned for debt in this state.
Section 17. No religious tests shall ever be required as a qualifica
tion for any office of trust, and no person shall be deprived of any of
his rights, privileges or capacities, or disqualified from the performance
of any of his public or private duties, or rendered incompetent to give
evidence in any court of law or equity, in consequence of his opinions
on the subject of religion. The free exercise and enjoyment of religious
profession and worship, without discrimination or preference, shall for
ever be allowed to allowed in this state to all mankind.
Section 18. The military shall be kept under strict subordination to
the civil power.
Section 19. The legislature shall make no law respecting the estab
lishment of religion, nor shall any person be compelled to attend any
place of worship, pay tithes, taxes or other rates, for building or repair
ing places of worship, or for the maintenance of any minister or
ministry. Section 20. Writs of error shall never be prohibited by law.
Section 21. No money shall be drawn from the treasury for the
benefit of religious societies, or theological or religious seminaries.

324 REJECTED CONSTITUTION.

ARTICLE XVII.
miscellaneous provisions.
Section i. AU leases or grants of agricultural land for a longer
period than twenty years, hereafter made, in which rent or service of any
kind shall be reserved, shall be void.
Section 2. The political year for the state of Wisconsin .shall com
mence on the first day in January in each year.
Section 3. Any inhabitant of this state who may hereafter be en
gaged, either directly or indirectly, in a duel, either as principal or acces
sory, shall forever be disqualified from holding any office under the
constitution and laws of this state, and may be punished in such other
manner as shall be prescribed by law.
Section 4. No member of congress, nor any person holding any
office of profit or trust under the United States (postmasters excepted),
nor under any other state of the Union, or under any foreign power; no
person convicted of any infamous crime in any court within the United
States, and no person being a defaulter to the United States, or to this
state, or to any town or county therein, or to any state or territory within
the United States, shall be eligible to any office of trust, profit or honor
in this state.
Section 5. No person being elected or appointed to the office of
governor, lieutenant governor, senator, or representative in the legis
lature, or judge of the supreme or circuit courts, shall be eligible during
his term of office to any other office of trust, profit or honor in this state.
Section 6. Every person elected or appointed 'to the office of gov
ernor, lieutenant governor, secretary of state, treasurer, attorney general,
senator, or representative in the legislature, or j udge of the supreme or
circuit courts, shall be required to declare in his oath of office, before he
shall assume his office, that he will not, during the term for which he is
elected or appointed to such office, accept the office of senator or repre
sentative in congress. ARTICLE XVIII.
ON AMENDMENTS AND REVISION.
Section i. Any amendment or amendments to this constitution
rnay be proposed in either house of the legislature, and if the same shall
be agreed to by two-thirds of the members elected to each of the two
houses, such proposed amendment or amendments shall be entered on
their journal, with the yeas and nays taken thereon, and shall be pub
lished for three months previous to the next annual election, in such
manner as the legislature shall prescribe ; and if the people shall approve
and ratify such amendment or amendments by a majority of the quali- ,

REJECTED CONSTITUTION. 325
fied electors voting thereon, such amendment or amendments shall
become a part of the constitution: Provided, that if more than one
amendment be submitted, they shall be submitted in such manner that'
the people may vote for or against such amendment separately and dis
tinctly. Section 2. Every tenth year after this constitution shall have taken
effect, it shall be the duty of the legislature to submit to the people at
the next annual election, the question whether they are in favor of call
ing a convention to revise the constitution or not; and if a majority of
the qualified electors voting thereon shall have voted in favor of a con
vention, the legislature shall, at its next session, provide by law for hold
ing a convention, to be holden within six months thereafter; and such
convention shall consist of a number of members not less than that of
the house of representatives, nor more than that of both houses of the
legislature. ARTICLE XIX.
SCHEDULE.
Section i. That no inconvenience may arise from a change of terri
torial to ks. permanent state government, it is declared that all rights,
actions, prosecutions, judgments, claims and contracts, as well of indi
viduals as of bodies corporate, shall continue as if no such change had
taken place, and all processes which may be issued under the authority
of the territory of Wisconsin, previous to its admission into the Union
of the United States, shall be valid, as if issued in the name of the state.
Section 2. All laws now in force in the territory of Wisconsin,
which are not repugnant to this constitution, shall remain in force until
they expire by their own limitations, or be altered or repealed by the
legislature. Section 3. All fines, penalties or forfeitures accruing to the territory
of Wisconsin shall enure to the use of the state.
Section 4. All recognizances heretofore taken, or which may be
taken before the change of territorial to a permanent state government,
shall remain valid, and shall pass over to, and may be prosecuted in, the
name of the state; and all bonds executed to the governor of the terri
tory, or any other officer or court, in his or, their official capacity, shall
pass over to the governor or state authority, and their successors in office,
for the uses therein respectively expressed, and may be sued for and
recovered accordingly; and all the estate or property, real, personal or
mixed, and all judgments, bonds, specialties, choses in action, and claims
or debts. of whatsoever description, of the territory of Wisconsin, shall
enure to and vest in the state of Wisconsin, aad may be sued for and
recovered in the same manner, and to the same extent by the state of
Wiscpnsin, as the same could have been done by the territory of Wis-

326 REJECTED CONSTITUTION.
consin. All criminal prosecutions and penal actions, which may have
arisen, or which may arise before the change from a territorial to a state
government, and which shall then be pending, shall be prosecuted to
judgment and execution in the name of the state. All actions at law
and suits in equity which may be pending in any of the courts of the
territory of Wisconsin at the time of the change from a. territorial to a
state government, shall be continued and transferred to any court of the'
state which shall have jurisdiction of the subject matter thereof.
Section 5. All officers, civil and military, now holding their offices
under the authority of the United States, or of the territory of Wiscon-'
sin, shall continue to hold and exercise their respective offices until they
shall be superseded under the authority of the state.
Section 6. * The first session of the legislature of the staite of Wis
consin shall commence on the first Monday of November next, and shall
be held at the village of Madison, which shall be and remain the seat of
government until otherwise provided for by law.
Section 7. All county and township officers shall continue to hold
their respective officers, unless removed by the competent authority,
until the legislature shall, in conformity to the provisions of this consti
tution, provide for the holding of elections to fill such offices respectively.
Section 8. The president of this convention shall, immediately after
its adjournment, cause a fair copy of this constitution, together with a
copy of the act of the legislature of this territory, entitled " An act in
relation to the formation of a state government in Wisconsin," approved
January 31, 1846, providing for the calling of this convention, and also a
copy of so much of the last census of this territory as exhibits the num
ber of its inhabitants, to be forwarded to the president of the United
States, with the request of this convention in behalf of the people of
Wisconsin, that all said matters may be by him laid before the congress
of the United States at its present session.
Section 9. This constitution shall be submitted, at an election to be
held on the first Tuesday in April next, for ratification or rejection, to all
persons who shall then have the qualifications of electors for delegates
to this convention ; and all persons having such qualifications al the
time last aforesaid, shall be entitled to vote for or against the adoption
of this constitution, and for all officers to be elected under it. And if
the constitution be ratified by the said electors, it shall become the con
stitution of the state of Wisconsin. On such of the ballots as are for
the constitution shall be written or printed the word "yes," and on those
which are against the ratification of the constitution, the word "no.''
The election shall be conducted in the manner now prescribed by law,
and the returns made by the clerks of the boards of supervisors or
county commissioners (as the case may be), to the governor of the ter
ritory, at any time before the tenth day of May next. And in the event
of the ratification of this constitution by a majority of all the votes '

REJECTED CONSTITUTION. 327
given, it shall be the duty of the governor of this territory to make
proclamation of the same, and to communicate a digest of the returns
to the senate and house of representatives of the state, on the first day
of their session. The governor shall also issue writs to the proper
authorities in the several counties, requiring them to cause an election
to be held on the first Monday in September next, for governor, lieuten
ant governor, secretary of state, treasurer, attorney general, members of
the state legislature, and for all officers who are elective under this con
stitution except judges.
Section 10. Two members of congress shall also be elected on the
first Monday in September next; and until the first enumeration and
apportionment shall be made as directed by this constitution, the coun
ties of Brown, Manitowoc, Calumet, Fond du Lac, Sheboygan, Wash
ington, Milwaukee, Waukesha, Racine and Walworth, shall constitute
the first congi-essional district, and elect one member; and the counties
of Marquette, Winnebago, Columbia, Portage, Sauk, Dodge, Jefferson,
Dane, Rock, Green, Iowa, Grant, Richland, Crawford, Chippewa, St.
Croi.x and La Pointe, shall constitute the second congressional district,
and shall elect one member.
Section ii. The first election of judges of the supreme and circuit
courts shall be held on the second Monday of June next, and the governor
of the territory shall, by the fifteenth day of May next, issue writs to the
proper authorities in the several counties and districts, requiring such
election to be held on the day aforesaid, in their respective counties and
districts. Section 12. The several elections provided for in this article shall
be conducted according to the existing laws of the territory, and the re
turns (except for township and county officers) shall be certified and
transmitted to the speaker of the house of representatives, at the seat of
government, in such time that they may be received on the first Monday
of November next; and as soon as the legislature shall be organized, the
speaker of the house of representatives and the president of the senate
shall, in the presence of both houses, examine the returns, and declare
who are duly elected to fill the several offices hereinbefore mentioned.
Section 13. All persons, to be eligible to any office in this state,
shall have the qualifications of electors, as specified in the article on
suffrage and the elective franchise.
Section 14. Such parts of the common laws as have heretofore been
in use in the territory of Wisconsin, not inconsistent with this constitu
tion, and the statute laws which may be in force, shall be and continue
part of the law of this state until altered or suspended by the legislature.
Section 15. The governor, lieutenant governor, and other state
officers first elected under this constitution, shall enter upon the duties
of their respective offices on the first Monday of November next, and
shall cpntinue in office for two years from the first day of January fol-

328 REJECTED CONSTITUTION.
lowing; and the judges elected under this constitution shall enter upon
the duties of their offices on the first day of January after such election,
and their terms of office shall be for five years after said first day of
January. And the governor and other territorial officers whose places
are supplied by the election under this constitution, shall continue in
office until their successors are qualified and enter upon the duties of
their office as before stated.
Section 16. The oaths of office may be administered by any judge
or justice of the peace, until the legislature shall otherwise direct.
RESOLUTIONS.
Resolved, That the legislature shall, at its first session, pass an act for
ever refusing the assent of this state to the provisions of an act of con
gress, entitled " An act to grant a quantity of land to the territory of
Wisconsin for the purpose of aiding in opening a canal to connect the
waters of Lake Michigan with those of Rock river,'' approved the
eighteenth day of June, eighteen hundred and thirty-eight, and refusing
the grant therein made, and refusing to assume the trusts thereby
created. Resolved, That the congress of the United States be and is hereby
requested, upon the admission of this state into the Union, so to alter
the provisions of the said act of congress, approved June eighteenth,
eighteen hundred and thirty-eight, and so to alter the terms and condi
tions of the grant made therein, that the odd numbered sections thereby
granted, and the proceeds of so much thereof as shall have been sold by
the territory of Wisconsin, may be held and disposed of by the state as
part of the five hundred thousand acres of land to which the state is
entitled by the provisions of an act of congress, entitled "An act to ap
propriate the proceeds of the sales of the public lands, and to grant pre
emption rights," approved the fourth day of September, eighteen
hundred and forty-one; that the even numbered sections reserved by
congress may be offered for sale by the United States, for the same min
imum price, and subject to the same rights of pre-emption as other public
lands of the United States.
Resolved, That in case the said odd numbered sections shall be ceded
to the state as aforesaid, the same shall be sold by the state in the same
manner, at the same minimum price, and subject to the same right of
pre-emption to occupants, as the public lands of the United States are
now sold, and the excess in price over and above one dollar and twentj'-
five cents per acre, absolutely or conditionally contracted to be paid by the
purchasers of any part of said sections which shall have been sold by the
territory of Wisconsin, shall be remitted to such purchasers, their repre
sentatives or assigns.
Resolved, That congress be requested, upon the admission of this state

REJECTED CONSTITUTION.

329

into the Union, to pass an act whereby the grant of five hundred thou
sand acres of land, to which this state is entitled by the provisions of
an act of congress, entitled " An act to appropriate the proceeds of the
sales of the public lands, and to grant pre-emption rights," approved
the fourth day of September, eighteen hundred and forty-one, and also
the five per centum of the net proceeds of the public lands lying within
this state, to which this state shall become entitled on her admission
into the Union, by the provisions of an act of congress, entitled " 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," approved the sixth day of August, eighteen hundred and forty-
six, shall be granted to this state for the use of schools, instead of the
purposes mentioned in that behalf in the said acts of congress re
spectively. Resolved, That the foregoing resolutions be appended to and signed
vi'ith the constitution of this state, and submitted therewith to the people
of this territory, and to the congress of the United States.
D. A. J. UPHAM, President of the Convention.
La Fayette Kellogg, Secretary.

J. Y. SMITH,
ANDREW E. ELMORE,
ASA KINNEY,
E. G. RYAN,
A. HYATT SMITH,
FREDERICK S. LOVELL, •
C. H. PARSONS,
STEPHEN O. BENNETT,
DANIEL HARKINS,
C. M. BAKER,
GARRITT M. FITZGERALD,
JAMES B. CARTER,
NATHANIEL DICKINSON,
JOHN M. BABCOCK,
FRANCIS HUEBSCHMANN,
HORACE CHAS.E,
W. W. GRAHAM,
JOHN COOPER,
WILLIAM R. HESK,
PITTS ELLIS,
JOSEPH KINNEY,
BENJAMIN FULLER,
THOMAS JAMES,
HENRY C. GOODRICH,
HIRAM BARBER,

LA FAYETTE HILL,
BENJAMIN GRANGER,
JOSIAH TOPPING,
N. E. WHITESIDES,
JOSEPH BOWKER,
JOHN W. BOYD,
STODDARD JUDD,
GEORGE B. HALL,
LYMAN H. SEAVER,
NATHANIEL F. HYER,
JAMES CHAMBERLAIN,
FRANKLIN Z. HICKS,
DAVID L. MILLS,
JAMES MAGONE,
JOHN H. MANAHAN,
J. R. VINEYARD,
P. A. R. BRACE,
DAVID NOGGLE,
HIRAM BROWN,
JAMES M. MOORE,
JOEL F. WILSON,
HOPEWELL COX,
PATRICK TOLAND,
JOHN CRAWFORD,
GARRETT VLIET,

330

REJECTED CONSTITUTION.

WM. M. DENNIS,
NOAH PHELPS,
DAVIS BOWEN,
ISRAEL INMAN, Jr.,
CHARLES E. BROWNE,
EDWARD H. JANSSEN,
PATRICK ROGAN,
GEORGE HYER,
ELIHU L. ATWOOD,
AARON RANKIN,
SAMUEL T. CLOTHIER,
SALMOUS WAKELEY,
JAMES P. HAYES,
LORENZO BEVANS,
GEORGE B. SMITH,
HORACE D. PATCH,
EVANDER M. SOPER,
WM. BELL.

SANFORD P. HAMMOND,
SEWELL SMITH,
WILLIAM HOLLENBECK,
BOSTWICK O'CONNOR,
EDWARD COUMBE,
JOSEPH S. PIERCE,
S. W. BEALL,
WM. R. SMITH,
MOSES MEEKER,
WM. H. CLARK,
LEMUEL GOODELL,
WARREN CHASE,
JEREMIAH DRAKE,
ANDREW BURNSIDE,
JAMES DUANE DOTY,
WM. C. GREEN,
JOSHUA L. WHITE.

RESOLUTION.

331

RESOLUTION.

The foUowing resolution was adopted by the convention
of 1846, and submitted to a vote of the people on the 6th
day of April, 1847 — the same time the first constitution
was submitted — and was rejected by a vote: For the
resolution, 7,564; against the resolution, 14,615.
ON COLORED SUFFRAGE.
Resolved, That at the same time when the votes of the electors shall
be taken for the adoption or rejection of this constitution, an additional
section in the following words, viz: "All male citizens of African
blood, possessing the qualifications required by the first section of the
article on ' Suffrage and the elective franchise,' shall have the right to
vote for all officers, and be eligible to all offices that now are or hereafter
may be elective by the people after the adoption of this constitution,"
shall be submitted to the electors of this state for adoption or rejection
in the form following, to wit: A separate ballot may be given by every
person having the right to vote for the adoption of this constitution, to be
deposited in a separate box. Upon the ballots given for the adoption of
said separate amendment, shall be wTitten or printed, or partly written
and partly printed, the words, " Equal suffrage to colored persons. Yes,"
and upon the ballots given against the adoption of said separate amend
ment, in like manner, the words, " Equal suffrage to colored persons.
No," and on such ballots shall be written or printed, or partly written and
partly printed, the words, " Constitution suffrage," in such manner that
such words shall appear on the outside of such ballot when folded. If,
at the said election, a majority of all the votes given for and against the
said separate amendment shall contain the words, " Equal suffrage to
colored persons. Yes," then the said separate amendment, after the adop
tion of this constitution, shall be a separate section of article  of
this constitution, in full force and effect, anything contained in the con
stitution to the contrary notwithstanding. D. A. J. UPHAM, President.
La Fayette Kellogg, Secretary.

332 RATIFIED CONSTITUTION.

RATIFIED CONSTITUTION.

The foUowing is a full copy of the constitution for the
state of Wisconsin, as adopted by the convention at Mad
ison, February i, 1848, and which was ratified by the peo
ple at an election held on the second Monday in March of
that year by a vote: For constitution, 16,799; against the
constitution, 6,384.

PREAMBLE.

We, the people of Wisconsin, grateful to Almighty God for our freedom,
in order to secure its blessings, form a more perfect government, insure
domestic tranquility, and promote the general welfare, do establish
this constitution. ARTICLE I.
DECLARATION OF RIGHTS.
Section i. All men are born equally free and independent, and have
certain inherent rights ; among these are life, liberty, and the pursuit of
happiness. To secure these rights, governments are instituted among
men, deriving their just powers from the consent of the governed.
Section 2. There shall be neither slavery nor involuntary servitude
in this state, otherwise than for the punishment of crime, whereof the
party shall have been duly convicted.
Section 3. Every person may freely speak, write and publish his
sentiments on all subjects, being responsible for the abuse of that right,
and no laws shall be passed to restrain or abridge the liberty of speech
or of the press. In all criminal prosecutions, or indictments for libel, the
truth may be given in evidence, and if it shall appear to the jury that
the matter charged as libelous be true, and was published with good
motives and for justifiable ends, the party shall be acquitted; and the
jury shall have the right to determine the law and the fact.
Section 4. The right of the people peaceably to assemble, to consult

RATIFIED CONSTITUTION. 333
for the common good, to petition the government, or any department
thereof, shall never be abridged.
Section 5. The right of trial by jury shall remain inviolate; and
shall extend to all cases at law, without regard to the amount in contro
versy; but a jury trial may be waived by the parties in all cases, in the
manner prescribed by law.
Section 6. Excessive bail shall not be required, nor shall excessive
fines be imposed, nor cruel and unusual punishments inflicted.
Section 7. In all criminal prosecutions, the accused shall enjoy the
right to be heard by himself and counsel ; to demand the nature and cause
of the accusation against him ; to meet the witnesses face to face ; to have
compulsory process to compel the attendance of witnesses in his behalf;
and in prosecutions by indictment or information, to a speedy public trial
by an impartial jury of the county or district wherein the offense shall
have been committed, which county or district shall have been previously
ascertained by law.
Section 8. No person shall be held to answer for a criminal offense,
unless on the presentment or indictment of a grand jury, except in cases
of impeachment, or in cases cognizable by justices of the peace, or
arising in the army or navy, or in the militia when in actual service in
time of war or public danger ; and no person for the same offense shall
be put twice in jeopardy of punishment, nor shall be compelled in any
criminal case to be a witness against himself. All persons, shall, before
conviction, be bailable by sufficient sureties, except for capital oftenses,
when the proof is evident or the presumption great; and the privilege
of the writ of habeas corpus shall not be suspended, unless when, in cases
of rebellion or invasion, the public safety may require.
Section 9. Every person is entitled to a certain remedy in the laws,
for all injuries or wrongs which he may receive in his person, property
or character; he ought to obtain justice freely, and without being obliged
to purchase it; completely and without denial, promptly and without
delay, conformably to the laws.
Section 10. Treason against the state shall consist only in levying
war against the same, or in adhering to its enemies, giving them aid
and comfort. No person shall be convicted of treason, unless on the
testimony of two witnesses to the same overt act, or on confession in
open court.
Section ii. The right of the people to be secure in their persons,
houses, papers and eftects, against unreasonable searches and seizures,
shall not be violated, and no warrant shall issue but upon probable
cause, supported by oath or affirmation, and particularly describing the
place to be searched, and the persons or things to be seized.
Section 12. No bill of attainder, ex post facto law, nor any law im
pairing the obligation of contracts, shall ever be passed, and no convic
tion shall work corruption of blood or forfeiture of estate.

334 RATIFIED CONSTITUTION.
Section 13. The property of no person shall be taken for public use
without just compensation therefor.
Section 14. All lands within the state are declared to be allodial, and
feudal tenures are prohibited. Leases and grants of agricultural land,
for a longer term than fifteen years, in which rent or service of any kind
shall be reserved, and all fines and like restraints upon alienation, re
served in any grant of land hereafter made, are declared to be void.
Section 15. No distinction shall ever be made by law between resi
dent aliens and citizens, In reference to the possession, enjoyment or
descent of property.
Section 16. No person shall be imprisoned for debt arising out of or
founded on a contract, express or implied.
Section 17. The privilege of the debtor to enjoy the necessary com
forts of life, shall be recognized by wholesome laws, exempting a rea
sonable amount of property from seizure or sale for the payment of any
debt or liability hereafter contracted.
Section 18. The right of every man to worship Almighty God
according to the dictates of his own conscience shall never be infringed ;
nor shall any man be compelled to attend, erect or support any place of
worship, or to maintain any ministry, against his consent. Nor shall
any control of, or interference with, the rights of conscience be permit
ted, or any preference be given by law to any religious establishments,
or modes of worship. Nor shall any money be drawn from the treasury
for the benefit of religious societies, or religious or theological seminaries.
Section 19. No religious tests shall ever be required as a qualifica
tion for any office of public trust under the state, and no person shall be
rendered incompetent to give evidence in any court of law or equity, in
consequence of his opinions on the subject of religion.
Section 20. The military shall be in strict subordination to the civil
power. »
Section 21. Writs of error shall never be prohibited by law.
Section 22. The blessings of a free government can only be main
tained by a firm adherence to justice, moderation, temperance, frugality
and virtue, and by frequent recurrence to fundamental principles.

ARTICLE II.
BOUNDARIES.
Section i. It is hereby ordained and declared that the state of Wis
consin doth consent and accept of the boundaries prescribed in the act of
congress entitled "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,'' approved August sixth, one thousand eight hun
dred and forty-six, to wit: Beginning at the northeast corner of the

RATIFIED CONSTITUTION. 335
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 through Lake Michigan, Green Bay, to the mouth of Menom
onee river; thence up the channel of the 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 chan
nel between Middle and South islands, in the Lake of the Desert; thence
in a direct line to the head waters of the Montreal river, as marked upon
the survey made by Captain Cramm ; 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 channel of said river to the first rapids in the same, above
the Indian village, according to Nicolett'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 chan
nel of that river to the northwest corner of the state of Illinois; thence
due east with the northern boundary of the state of Illinois to the place
of beginning, as established by " An act to enable the people of the
Illinois territory to form a constitution and state government, and for the
admission of such state into the Union on an equal footing with the
original states," approved April iSth, i8iS: Provided, however. That
the following alteration of the aforesaid boundary be, and hereby is,
proposed to the congress of the United States, as the preference of the
state of Wisconsin, and if the same shall be assented and agreed to by
the congress of the -United States, then the same shall be and forever
remain obligatory on the state of AVisconsin, viz. : Leaving the aforesaid
boundary line at the foot of the rapids of the St. Louis river; thence in
a direct line, bearing southwesterly, to the mouth of the Iskodewabo, or
Rum river, where the same empties into the Mississippi river; thence
down the main channel of the said Mississippi river, as prescribed in the
aforesaid boundary.
Section 2. The propositions contained in the act of congress are
hereby accepted, ratified and confirmed, and shall remain irrevocable
without the consent of the United States ; and it is hereby ordained that
this state shall never interfere with the primary disposal of the soil
within the same by the United States, nor with any regulations congress
may find necessary for securing the title in such soil to bona fide pur
chasers thereof; and no tax shall be imposed on land the property of the
United States; and in no case shall non-resident proprietors be taxed
higher than residents: Provided, that nothing in this constitution, or
in the act of congress aforesaid, shall in any manner prejudice or affect
the right of the state of Wisconsin to five hundred thousand acres of
land granted to said state, and to be hereafter selected and located by and
under the act of congress, entitled " An act to appropriate the proceeds

336 , RATIFIED CONSTITUTION.
of the sales of the public lands, and grant pre-emption rights," approved
September fourth, one thousand eight hundred and forty-one.
ARTICLE IIL
SUFFRAGE.
Section i. Every male person of the age of twenty-one yeprs or
upwards, belonging to either of the following classes, who shall have
resided in the state for one year next preceding any election, shall be
deemed a qualified elector at such election:
1st. White citizens of the United States.
2d. White persons of foreign birth who shall have declared their
intention to become citizens, conformably to the laws of the United
States on the subject of naturalization.
3d. Persons of Indian blood who have once been declared by law of
congress to be citizens of the United States, any subsequent law of con
gress to the contrary notwithstanding.
4th. Civilized persons of Indian descent, not members of any tribe.
Provided, that the legislature may at any time extend by law the right
of suffrage to persons not herein enumerated ; but no such law shall be
in force until the same shall have been submitted to a vote of the people
at a general election, and approved by a majority of all the votes cast at
such election.
Section 2. No person under guardianship, non compos mentis, or
insane, shall be qualified to vote at any election ; nor shall any person
convicted of treason or felony be qualified to vote at any election, unless
restored to civil rights.
Section 3. All votes shall be given by ballot, except for such town
ship officers as may by law be directed or allowed to be- otherwise chosen.
Section 4. No person shall be deemed to have lost his residence in
this state by reason of his absence on business of the United States or
of this state.
Section 5. No soldier, seaman, or marine, in the army or navy of
the United States, shall be deemed a resident of this state in consequence
of being stationed within the same.
Section 6. Laws may be passed excluding from the right of suffrage
all persons who have been or may be convicted of bribery or larceny, or
of any infamous crime, and depriving every person who shall make, or
become directly or indirectly interested in any bet or wager depending
upon the result of any election, from the right to vote at such election.

RATIFIED CONSTITUTION. 337
ARTICLE IV.
LEGISLATIVE.
Section i. The legislative power shall be vested in a senate and
assembly. Section 2. The number of the members of the assembly shall never
, be less than fifty-four, nor more than one hundred. The senate shall
consist of a number not more than one-third nor less than one-fourth of
the number of the members of the assembly.
Section 3. The legislature shall provide by law for an enutneration
of the inhabitants of the state, in the year one thousand eight hundred
and fifty-five, and at the end of every ten years thereafter; and at their
first session after such enumeration, and also after each enumeration
made by the authority of the United States, the legislature shall appor
tion and district anew the members of the senate and assembly, accord
ing to the number of inhabitants, excluding Indians not taxed, and
soldiers and officers of the United States army and navy.
Section 4. The members of the assembly shall be chosen annually
by single districts on the Tuesday succeeding the first Monday of
November, by the qualified electors of the several districts; such districts
to be bounded by county, precinct, town or ward lines, to consist of
contiguous territory, and be in as compact form as practicable.
Section 5. The senators shall be chosen by single districts of con
venient contiguous territory, at the same time and in the same manner
as members of the assembly are required to be chosen, and no assembly
district shall be divided in the formation of a senate district. The senate
districts shall be numbered in regular series, and the senators chosen by
the odd numbered districts shall go out of office at the expiration of the
first year, and the senators chosen by the even numbered districts shall
go out of office at the expiration of the second year, and thereafter the
senators shall be chosen for the term of two years.
Section 6. No person shall be eligible to the legislature who shall
not have resided one year within the state, and be a qualified elector in
the district which he may be chosen to represent.
Section 7. Each house shall be the judge of the elections, returns
and qualifications of its own members, and a. majority of each shall
constitute a quorum to do business; but a smaller number may adjourn
from day to day, and may compel the attendance of absent members in
such manner, and under such penalties, as each house may provide.
Section 8. Each house may determine the rules of its own proceed
ings, punish for contempt and disorderly behavior, and, with the con
currence of two- thirds of all the members elected, expel a member; but
no member shall be expelled a second time for the same cause.
Section 9. Each house shall choose its own officers, and the senate
22

338 RATIFIED CONSTITUTION.
shall choose a temporary president, when the lieutenant governor shall
not attend as president, or shall act as governor..
Section 10. Each house shall keep a journal of its proceedings, and
publish the same, except such parts as require secrecy. The doors of
each house shall be kept open, except when the public welfare shall
require secrecy. Neither house shall, without consent of the other, ad
journ for more than three days.
Section ii. The le,gislature shall meet at the seat of government at
such time as shall be provided by law, once in each year, and not oftener,
unless convened by the governor.
Section 12. No member of the legislature shall, during the term for
which he was elected, be appointed or elected to any civil office in the
state, which shall have been created, or the emoluments of which Shall
have been increased, during the term for which he was elected.
Section 13. No person being a member of congress, or holding any
military or civil office under the United States, shall be eligible to a seat
in the legislature ; and if any person shall, after his election as a member
,of the legislature, be elected to congress, or be appointed to any office,
civil or military, under the government of the United States, his accept
ance thereof shall vacate his seat.
Section 14. The governor shall issue writs of election to fill such
vacancies as may occur in either house of the legislature.
Section 15. Members of the legislature shall, in all cases except
treason, felony, and breach of the peace, be privileged from arrest; nor
shall they be subject to any civil process during the session of the legis
lature, nor for fifteen days next befo,re the commencement and after the
termination of each session.'
Section 16. No member of the legislature shall be liable in any civil
action, or criminal prosecution whatever, for words spoken in debate.
Section 17. The style of the laws of the state shall be, "The people
of the state of Wisconsin, represented in senate and assembly, do enact
as follows : " and no law shall be enacted except by bill.
Section 18. No private or local bill which may be passed by the
legislature shall embrace more than one subject, and that shall be
expressed in the title.
Section 19. Any bill may originate in either house of the legislature,
and a bill passed by one house may be amended by the other.
Section 20. The yeas and nays of the members of either house, on
any question, shall, at the request of one-sixth of those present, be
entered on the journal.
Section 21. Each member of the legislature shall receive for his
services -two dollars and fifty cents for each day's attendance during the
session, and ten cents for every rnile he shall travel in going to and
returning from the place of the meeting of the legislature, on the most
usual route.

RATIFIED CONSTITUTION. 339
Section 22. The legislature may confer upon the boards of super
visors of the several counties of the state, such powers of a local, legisla
tive and adrninistrative character as they shall from time to time pre
scribe. Section 23. The legislature shall establish but one system of town
and county government, which shall be as nearly uniform as practi
cable. Section 24. The legislature shall never authorize any lottery, or grant
any divorce.
Section 25. The legislature shall provide by law that all stationery
required for the use of the state, and all printing authorized and required
by them to be done for their use, or for the state, shall be let by contract
to the lowest bidder; but the legislature may establish a maximum price.
No member of the legislature or other state officer shall be interested,
either directly or indirectly, in any such contract.
Section 26. The legislature shall never grant any extra compensation
to any public officer, agent, servant or contractor, after the services shall
have been rendered or the contract entered into. Nor shall the com
pensation of any public officer be increased or diminished during his
term of office.
Section 27. The legislature shall direct by law in what manner and
in what courts suits may be brought against the state.
Section 28. Members of the legislature, and all officers, executive and
judicial, except such inferior officers as may be by law exempted, shall,
before they enter upon the duties of their respective offices, take and sub
scribe an oath or affirmation to support the constitution of the United
States, and the constitution of the state of Wisconsin, and faithfully to
discharge the duties of their respective offices to the best of their ability.
Section 29. The legislature shall determine what persons shall con
stitute the militia of the state, and may provide for organizing and dis
ciplining the same in such manner as shall be prescribed by law.
Section 30. In all elections to be made by the legislature, the mem
bers thereof shall vote vive voce, and their votes shall be entered on the
journal. ^
ARTICLE V.
EXECUTIVE.
Section i. The executive power shall be vested in a governor, who
shall hold his office for two years. A lieutenant governor shall be
elected at the same time and for the same term.
Section 2. No person except a citizen of the United States, and a
qualified elector of this state, shall be eligible to the office of governor
or lieutenant governor.
Section 3. The governor and lieutenant governor shall be elected by

340 RATIFIED CONSTITUTION.
the qualified electors of the state, at the times and places of choosing
members of the legislature. The persons respectively having the high
est number of votes for governor and lieutenant governor, shall be
elected. But in case two or more shall have an equal and the highest
number of votes for governor or lieutenant governor, the two houses
of the legislature, at its next annual session, shall forthwith, by joint
ballot, choose one of the persons so having an equal and the highest
number of votes, for governor or lieutenant governor. The returns of
election for governor and lieutenant governor shall be made in such
manner as shall be provided by law.
Section 4. The governor shall be commander-in-chief of the military
and naval forces of the state. He shall have power to convene the legis
lature on extraordinary occasions ; and in case of invasion, or danger
from the prevalence of contagious disease at the seat of government, he
may convene them at any other suitable place within the state. He shall
communicate to the legislature, at every session, the condition of the
state, and recommend such matters to them for their consideration as he
may deem expedient. He shall transact all necessary business with the
officers of the government, civil and military. He shall expedite all
such measures as may be resolved upon by the legislature, and shall
take care that the laws be faithfully executed.
Section 5. The governor shall receive, during his continuance in
office, an annual compensation of one thousand two hundred and fifty
dollars. Section 6. The governor shall have power to grant reprieves, com
mutations and pardons after conviction, for all oftenses except treason
and cases of impeachment, upon such conditions and with such restric
tions and limitations as he may think proper, subject to such regula
tions as may be provided by law relative to the manner of applying for
pardons. Upon conviction for treason, he shall have the power to sus
pend the execution of the sentence until the case shall be reported to the
legislature at its next meeting, when the legislature shall either pardon,
or commute the sentence, direct the execution of the sentence, or
gi-ant a further reprieve. He shall annually communicate to the
legislature each case of reprieve, commutation or pardon granted, stat
ing the name of the convict, the crime of which he was convicted, the
sentence and its date, and the date of the commutation, pardon, or
reprieve, with his reasons for granting the same.
Section 7. In case of the impeachment of the governor, or his re
moval from office, death, inability from mental or physical disease, resig
nation, or absence fi-om the state, the powers and duties of the office shall
devolve upon the lieutenant governor, for the residue of the term, or until
the governor, absent or impeached, shall have returned, or the disability
shall cease. But when the governor shall, with the consent of the legis
lature, be out of the state in time of war, at the head of the milita'ry

RATIFIED CONSTITUTION. 34I
[
force thereof, he shall continue commander-in-chief of the military force
of the state.
Section 8. The lieutenant governor shall be president of the senate,
but shall have only a casting vote therein. If, during a vacancy in the
office of governor, the lieutenant governor shall be impeached, displaced,
resign, die, or from mental or physical disease become incapable of per
forming the duties of his office, or be absent from the state, the secretary
of state shall act as governor until the vacancy shall be filled, or the
disability shall cease.
Section 9. The lieutenant governor shall receive double the per diem
allowance of members of the senate for every day's attendance as presi
dent of the senate, and the same mileage as shall be allowed to mem
bers of the legislature.
Section 10. Every bill which shall have passed the legislature shall,
before it becomes a law, be presented to the governor. If he approve,
he shall sign it; but if not, he shall return it, with his objections, to that
house in which it shall have originated, who shall enter the objections at
large upon the journal, and proceed to reconsider it. If, after such re
consideration, two-thirds of the members present shall agree to pass the
bill, it shall be sent, together with the objections, to the other house, by
which it shall likewise be reconsidered, and if approved by two-thirds
of the members present, it shall become a law. But in all such cases,
the votes of both houses shall be determined by yeas and nays, and the
names of the members voting for or against the bill shall be entered
on the journal of each house respectively. If any bill shall not be re
turned by the governor within three days (Sundays excepted) after it
shall have been presented to him, the same shall be a law, unless the
legislature shall, by their adjournment, prevent its return ; in which case
it shall not be a law. ARTICLE VL
ADMINISTRATIVE. ,
Section i. There shall be chosen by the qualified electors of the
state, at the times and places of choosing the members of the legislature,
a secretary of state, treasurer and attorney general, who shall severally
hold their offices for the term of two years.
Section 2. The secretary of state shall keep a fair record of the
official acts of the legislature and executive department of the state,-and
shall, when required, lay the same, and all matters relative thereto, be
fore either branch of the legislature. He shall be ex-oficio auditor, and
shall perform such other duties as shall be assigned him by law. He
shall receive as a compensation for his services yearly, such sum as
shall be provided by law, and shall keep his office at the seat of gov
ernment.

342 RATIFIED CONSTITUTION.
Section 3. The powers, duties and compensation of the treasurer
and attorney general shall be prescribed by law.
Section 4. Sheriffs, coroners, registers of deeds and district attorneys
shall be chosen by the electors of the respective counties, once in every
two years, and as often as vacancies shall happen. Sheriffs shall hold
no other office, and be ineligible for two years next succeeding the ter
mination of their offices. They may be required by law to renew their
security from time to time ; and in default of giving such new security,
their offices shall be deemed vacant. But the county shall never be
made responsible for the acts of the sheriff. The governor may remove
any officer in this section mentioned, giving to such officer a copy of
the charges against him, and an opportunity of being heard in his
defense. ARTICLE VII.
judiciary.
Section i. The court for the trial of impeachments shall be com
posed of the senate. The house of representatives shall have the power
of impeaching all civil officers of this state, for corrupt conduct in office,
or for crimes and misdemeanors; but a majority of all the members
elected shall concur in an impeachment. On the trial of an impeach
ment against the governor, the lieutenant governor shall not act as a
member of the court. No judicial officer shall exercise his office, after
he shall have been impeached, until his acquittal. Before the trial of
an impeachment, the members of the court shall take an oath or affirma
tion, truly and impartially to try the impeachment according to evidence ;
and no person shall be convicted without the concurrence of two-thirds
of the members present. Judgment in cases of impeachment shall not
extend further than to removal from office, or removal from office and
disqualification to hold any office of honor, profit or trust under the
state; but the party impeached shall be liable to indictment, trial and
punishment according to law.
Section 2. The judicial power of this state, both as to matters of
law and equity, shall be vested in a supreme court, circuit courts, courts
of probate, and in justices of the peace. The legislature may also vest
such jurisdiction as shall be deemed necessary in municipal courts, and
shall have power to establish inferior courts, in the several counties, with
limited civil and criminal jurisdiction: Provided, that the jurisdiction
which may be vested in municipal courts, shall not exceed, in their re
spective municipalities, that of circuit courts, in their respective circuits,
as prescribed in this constitution ; and that the legislature shall provide
as well for the election of judges of the municipal courts, as of the
judges of inferior courts, by the qualified electors of the respective juris
dictions. The term of office of the judges of the said municipal and

RATIFIED CONSTITUTION. 343
inferior courts shall not be longer than that of the judges of the circuit
court. Section 3. The supreme court, except in cases otherwise provided in
this constitution, shall have appellate jurisdiction only, which shall be
co-extensive with the state; but in no case removed to the supreme
court shall a tria> by jury be allowed. The supreme court shall
have a general superintending control over all inferior courts ; it shall
have power to issue writs of habeas corpus, mandamus, injunction, quo
warranto, certiorari, and other original and remedial writs, and to hear
and determine the same.
Section 4. For the term of five years, and thereafter until the legis
lature shall otherwise provide, the judges of the several circuit courts
shall be judges of the supreme court, four of whom shall constitute a
quorum, and the concurrence of a majority of the judges present shall
be necessary to a decision. The legislature shall have power, if they
should think it expedient and necessary, to provide by law for the organ
ization of a separate supreme court, with the jurisdiction and powers
prescribed in this constitution, to consist of one chief justice, and two
associate justices, to be elected by the qualified electors of the state, at
such time and in such manner as the legislature may provide. The sep
arate supreme court, when so organized, shall not be changed or discon
tinued by the legislature; the judges thereof shall be so classified that
but one of ..lem shall go out of office at the same time; and their term.
of office shall be the same as is provided for the judges of the circuit
court. And whenever the legislature may consider it necessary to estab
lish a separate supreme court, they shall have power to reduce the num
ber of circuit judges to four, and subdivide the judicial circuits, but no
such subdivision or reduction shall take effect until after the expiration
of the term of some one of said judges, or until a vacancy occur by some
other means.
Section 5. The state shall be divided into five judicial circuits, to be
composed as follows : The first circuit shall comprise the counties of
Racine, Walworth, Rock and Green. The second circuit, the counties
of Milwaukee, Waukesha, Jefterson and Dane. The third circuit, the
counties of Washington, Dodge, Columbia, Marquette, Sauk and Port
age. The fourth circuit, the counties of Brown, Manitowoc, Sheboygan,
Fond du Lac, Winnebago and Calumet; and the fifth circuit shall com
prise the counties of Iowa, La Fayette, Grant, Crawford and St. Croix ;
and the county of Richland shall be attached to Iowa, the county of
Chippewa to the county of Crawford, and the county of La Pointe to the
county of St. Croi.x, for judicial purposes, until otherwise provided by
the legislature.
Section 6. The legislature may alter the limits or increase the num
ber of circuits, making thrmas compact and convenient as practicable,
and bounding them by county lines ; but no such alteration or increase

344 RATIFIED CONSTITUTION.
shall have the effect to remove a judge from office. In case of an in
crease of circuits, the judge or judges shall be elected as provided in
this constitution, and receive a salary not less than that herein provided
for judges of the circuit court.
Section 7. For each circuit there shall be a judge chosen by the
qualified electors therein, who shall hold his office as is provided in this
constitution, and until his successor shall be chosen and qualified; and
after he shall have been elected, he shall reside in the circuit for which
he was elected. One of said judges shall be designated as chief justice,
in such manner as the legislature shall provide. And the legislature
shall, at its first session, provide by law as well for the election of as for
classifying the judges of the circuit courts to be elected under this con
stitution, in such manner that one of said judges shall go out of office
in two years, one in three years, one in four years, one in five years and
one in six years, and thereafter the judge elected to fill the office shall
hold the same for six years.
Section 8. The circuit courts shall have original jurisdiction in all
matters, civil and criminal, within this state, not excepted in this con
stitution, and not hereafter prohibited by law, and appellate jurisdiction
from all inferior courts and tribunals, and a supervisory control over the
same. They shall also have the power to issue writs of habeas corpus,
mandamus, injunction, quo warranto, certiorari, and all other writs
necessary to carry into effect their orders, judgments and decrees, and
give them a general control over inferior courts and jurisdictions.
Section 9. 'When a vacancy shall happen in the office of judge of
the supreme or circuit courts, such vacancy shall be filled by an appoint
ment of the governor, which shall continue until a successor is elected
and qualified ; and when elected, such successor shall hold his office the
residue of the unexpired term. There shall be no election for a judge
or judges at any general election for state or county officers, nor within
thirty days either before or after such election.
Section 10. Each of the judges of the supreme and circuit courts
shall receive a salary, payable quarterly, of not less than one thousand
five hundred dollars annually ; they shall receive no fees of office, or
other compensation than their salaries; they shall hold no office of public
trust, except a judicial office, during the term for which they are re
spectively elected, and all votes for either of them for any office except a
judicial office, given by the legislature or the people, shall be void. No
person shall be eligible to the office of judge, who shall not, at the time
of his election, be a citizen of the United States, and have attained the
age of twenty- five years, and be a qualified elector within the jurisdic
tion for which he may be chosen.
Section ii. The supreme court shall hold at least one term annually,
at the seat of government of the state, at such time as shall be provided
by law ; and the legislature may provide for holding other terms, and at

RATIFIED CONSTITUTION. 345
other places, when they may deem it necessary. A circuit court shall be
held, at least twice in each year, in each county of this state organized
for judicial purposes. The judges of the circuit court may hold courts
for each other, and shall do so when required by law.
Section 12. There shall be a clerk of the circuit court chosen in
each county organized for judicial purposes, by the qualified electors
thereof, who shall hold his office for two years, subject to removal, as
shall be provided by law. In case of a vacancy, the judge of the circuit
court shall have the power to appoint a clerk until the vacancy shall be
filled by an election. The clerk thus elected or appointed shall give
such security as the legislature may require; and when elected shall
hold his office for a full term. Thi supreme court shall appoint its own
clerk, and the clerk of a circuit court may be appointed clerk of the
supreme court.
Section 13. Any judge of the supreme or circuit court may be re
moved from office by address of both houses of the legislature, if two-
thirds of all the i.-jmbers elected to each house concur therein; but no
removal shall be made by virtue of this section, unless the judge com
plained of shall . have been served with a copy of the charges against
him as the ground of address, and shall have had an opportunity of
being heard in his defense. On the question of removal, the ayes and
noes shall be entered on the journals.
¦" Section 14. There shall be chosen in each county, by the qualified
electors thereof, a judge of probate, who shall hold his office for two years,
and until his successor shall be elected and qualified, and whose jurisdic
tion, powers and duties shall be prescribed by law: Provided, lioxvever,
that the legislature shall have power to abolish the office of judge of
probate in any county, and to confer probate powers upon such inferior
courts as may be established in said county.
Section 15. The electors of the several towns, at their annual town
meeting, and the electors of cities and villages, at their charter elections,
shall, in such manner as the legislature may direct, elect justices of the
peace, whose term of office shall be for two years, and until their suc
cessors in office shall be elected and qualified. In case of an election to
fill a vacancy occurring before the expiration of a full term, the justice
elected shall hold for the residue of the unexpired terra. Their number
and classification shall be regulated by law. And the tenure of two
years shall in no wise interfere with the classification in the first instance.
The justices thus elected shall have such civil and criminal jurisdiction
as shall be prescribed by law.
Section 16. The legislature shall pass laws for the regulation of
tribunals of conciliation, defining their powers and duties. Such tribu
nals mav be established in and for any township, and shall have power
to rende'r judgment to be obl'gatory on the parties, when ihey shall vol-

346 RATIFIED CONSTITUTION.
untarily submit their matter in difference to arbitration, and agree to
abide the judgment, or assent thereto in writing.
Section 17. The style of all writs and process shall be, "The State
of Wisconsin." All criminal prosecutions shall be carried on in the
name and by the authority of the same ; and all indictments shall con
clude against the peace and dignity of the state.
Section 18. The legislature shall impose a tax on all civil suits
commenced or prosecuted in the municipal, inferior or circuit courts,
which shall constitute a fund to be applied toward the payment of the
salary of judges.
Section 19. The testimony in causes in equity shall be taken in like
manner as in cases at law ; and the office of master in chancery is hereby
prohibited. Section 20. Any suitor, in any court of this state, shall have the
right to prosecute or delend his suit either in his own proper person, or
by an attorney or agent of his choice.
Section 21. The legislature shall provide by law for the speedy pub
lication of all statute laws, and of such judicial decisions, made within
the state, as may be deemed expedient. And no general law shall be
in force until published.
Section 22. The legislature at its first session after the adoption of
this constitution, shall provide for the appointment of three commis
sioners, whose duty it shall be to inquire into, revise, and simplify the
rules of practice, pleadings, forms and proceedings, and arrange a system
adapted to the courts of record of this state, and report the same to the
legislature, subject to their modification and adoption; and such com
mission shall terminate upon the rendering of the report, unless other
wise provided by law.
Section 23. The legislature may provide for the appointment of one
or more persons in each organized county, and may vest in such persons
such judicial powers as shall be prescribed by law: Provided, that said
power shall not exceed that of a judge of the circuit court at chambers.

ARTICLE VIIL
FINANCE.
Section i. The rule of taxation shall be uniform, and taxes shall be
levied upon such property as the legislature shall prescribe.
Section 2. No money shall be paid out of the ti'easury, except in
pursuance of an appropriation by law.
Section 3. The credit of the state shall never be given or loaned in
aid of any individual, association or corporation.
Section 4. This state shall never contract any public debt, except in
the cases and manner herein provided.

RATIFIED CONSTITUTION. 347
Section 5. The legislature shall provide for an annual tax sufficient
to defray the estimated expenses of the state for each year; and when
ever the expenses of any year shall exceed the income, the legislature
shall provide for levying a tax for the ensuing year, sufficient, with
other sources of income, to pay the deficiency as well as the estimated
expenses of such ensuing year.
Section 5. For the purpose of defraying extraordinary expenditures,
the state may contract public debts (but such debts shall never, in
the aggregate, exceed one hundred thousand dollars). Every such
debt shall be authorized by law, for some purpose or purposes to be
distinctly specified therein; and the vote of a majority of all the
members elected to each house, to be taken by yeas and nays, shall be
necessary to the passage of such law; and every such law shall provide
for levying an annual tax sufficient to pay the annual interest of such
debt, and the principal within five years from the passage of such law,
and shall specially appropriate the proceeds of such taxes to- the pay
ment of such principal and interest; and such appropriation shall not
be repealed, nor the taxes be postponed or diminished, until the principal
and interest of such debt shall have been wholly paid.
Section 7. The legislature may also borrow money to repel inva
sion, suppress insurrection, or defend the state in time of war; but the
money thus raised shall be applied exclusively to the object for which
the loan was authorized, or to the repayment of the debt thereby created.
Section 8. On the passage, in either house of the legislature, of
any law which imposes, continues or renews a tax, or creates a debt
or charge, or makes, continues or renews an appropriation of public or
trust money, or releases, discharges or commutes a claim or demand of
the state, the question shall be taken by yeas and nays, which shall be
duly entered on the journals ; and three-fifths of all the members elected
to such house shall, in all such cases, be required to constitute a quorum
therein. Section 9. No scrip, certificate, or other evidence of state debt what
soever, shall be issued, except for such debts as are authorized by the
sixth and seventh sections of this article.
Section 10. The state shall never contract any debt for works of
internal improvement, or be a party in carrying on such works; but
whenever grants of land or other property shall have been made to the
state, especially dedicated by the grant to particular works of internal
improvement, the state may carry on such particular works, and shall
devote 'thereto the avails of such grants, and may pledge or appropriate
the revenues derived from such works in aid of their completion.

348 RATIFIED CONSTITUTION.
ARTICLE IX.
EMINENT DOMAIN AND PROPERTY OF THE STATE.
Section i. The state shall have concurrent jurisdiction on all rivers
and lakes bordering on this state, so far as such rivers or lakes shall
form a common boundary to the state, and any other state or territory
now or hereafter to be formed, and bounded by the same. And the river
Mississippi, and the navigable waters leading into the Mississippi and
St. Lawrence, and the carrying places between the same, shall be com
mon highways, and forever free, as well to the inhabitants of this state,
as to the citizens of the United States, without any tax, impost, or duty
therefor. Section 2. The title to all lands and other property which have ac
crued to the territory of Wisconsin by grant, gift, purchase, forfeiture,
escheat or otherwise, shall vest in the state of Wisconsin.
Section 3. The people of the state, in their right of sovereignty, are
declared to possess the ultimate property in and to all lands within the
jurisdiction of the state ; and all lands the title to which shall fail from
a defect of heirs, shall revert or escheat to the people.
ARTICLE X.
EDUCATION.
Section 1. The supervision of public instruction shall be vested in
a state superintendent, and such other officers as the legislature shall
direct. The state superintendent shall be chosen by the qualified electors
of the state, in such manner as the legislature shall provide; his powers,
duties and compensation shall be prescribed by law: Provided, that
his compensation shall not exceed the sum of twelve hundred dollars
annually. Section 2. The proceeds of all lands that have been or hereafter may
be granted by the United States to this state for educational purposes
(except the lands heretofore granted for the purposes of a university), '
and all moneys, and the clear proceeds of all property that may accrue
to the state by forfeiture or escheat, and all moneys which may be paid
as an equivalent for exemption from military duty, and the clear pro
ceeds of all fines collected, in the several counties, for any breach of the
penal laws, and all moneys arising from any grant to the state, where
the purposes of such grant are not specified, and the five hundred thou
sand acres of land to which the state is entitled by the provisions of an
act of congress entitled " An act to appropriate the proceeds of the sales
of the public lands, and to grant pre-emption rights," approved the fourth
day of September, one thousand eight hundred and forty-one ; and also
the five per centum of the net proceeds of the public lands, to which the

RATIFIED CONSTITUTION. 349
state shall become entitled on her admission into the Union (if congress
shall consent to such appropriation of the two grants last mentioned),
shall be set apart as a separate fund, to be called the school fund, the
interest of which, and all other revenues derived from the school lands,
shall be exclusively applied to the following objects, to wit :
1st. To the support and maintenance of common schools in each
school district, and the purchase of suitable libraries and apparatus
therefor. 2d. The residue shall be appropriated to the support and maintenance
of academies and normal schools, and suitable libraries and apparatus
therefor. Section 3. The legislature shall provide by law for the establish
ment of district schools, which shall be as nearly uniform as practicable;
and such schools shall be free, and without charge for tuition, to all
children between the ages of four and twenty years ; and no sectarian in
struction shall be allowed therein.
Section 4. Each town and city shall be required to raise b}' tax,
annually, for the support of the common schools therein, a sum not less
than one-half the amount received by such town or city respectis-ely for
school purposes from the income of the school fund.
Section 5. Provision shall be made by law for the distribution of
the income of the school fund, among the several towns and cities of the
state, for the support of common schools therein, in some just proportion
to the number of children and youth resident therein, between the ages
of four and twenty years, and no appropriation shall be made from the
school fund to anj' city or town, for the year in which said city or town
shall fail to r9.ise such tax, nor to any school district for the year in
which a school shall not be maintained at least three months.
Section 6. Provision shall be made by law for the establishment
of a state university, at or near the seat of state government, and for
connecting with the same, from time to time, such colleges in different
parts of the state, as the interests of education may require. The pro
ceeds of all lands that have been or may hereafter be granted by the
United States to the state, for the support of a university, shall be and
remain a perpetual fund, to be called the university fund, the interest of
which shall be appropriated to the support of the state university, and
no sectarian instruction shall be allowed in such university.
Section 7. The secretary of state, treasurer and attorney general
shall constitute a board of commiisioners for the sale of the school and
university lands, and for the investment of the funds arising therefrom.
Any two of said commissioners shall be a quorum for the fa-ansaction
of all business pertaining to the duties of their office.
Section 8. Provision shall be made by law for the sale of all school
and university lands, after they shall have been appraised; and when any
portion of such lands shall be sold, and the purchase money shall not

350 RATIFIED CONSTITUTION.
be paid at the time of the sale, the commissioners shall take security by
mortgage upon the lands sold for the sum remaining unpaid, with seven
per cent, interest thereon, payable annually at the office of the treasurer.
The commissioners shall be authorized to execute a good and sufficient
conveyance to all purchasers of such lands, and to discharge any mort
gages taken as security, when the sum due thereon shall have been paid.
The commissioners shall have power to withhold from sale any portion
of such lands, when they shall deem it expedient, and shall invest all
moneys arising from the sale of such lands, as well as all other univer
sity and school funds, in such manner as the legislature shall provide,
and shall give such security for the faithful performance of their duties
as may be required by law. ARTICLE XI.
CORPORATIONS.
Section i. Corporations without banking powers or privileges may
be formed under general laws, but shall not be created by special act,
except for municipal purposes, and in cases where, in the judgment of
the legislature, the objects of the corporation cannot be attained under
general laws. All general laws or special acts, enacted under the pro
visions of this section, may be altered or repealed by the legislature at
any time after their passage.
Section 2. No municipal corporation shall take private property
for public use, against the consent of the owner, without the necessity
thereof being first established by the verdict of a jury.
Section 3. It shall be the duty of the legislature, and they are
hereby empowered, to provide for the organization of cities and incorpo
rated villages, and to restrict their power of taxation, assessment, bor
rowing money, contracting debts and loaning their credit, so as to prevent
abuses in assessments and taxation, and in contracting debts by such
municipal corporations.
Section 4. The legislature shall not have power to create, authorize,
or incorporate, by any general or special law, any bank or banking
power or privilege, or any institution or corporation having any banking
power or privilege whatever, except as pro\-ided in this article.
Section 5. The legislature may submit to the voters at any general
election, the question of " bank," or " no bank," and if at any such election
a number of votes equal to a majority of all the votes cast at such elec
tion on that subject shall be in favor of banks, then the legislature shall
have power to grant bank charters, or 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-hol(3ers : Provided, that no such
grant or law shall have any force or eftect until the same shall have been

RATIFIED CONSTITUTION. 35 1
submitted to a vote of the electors of the state at some general election,
and been approved by a majority of the votes cast on that subject at
such election. ARTICLE XII.
AMENDMENTS.
Section i. Any amendment or amendments to this constitution
may be proposed in either house of the legislature, and if the same shall
be agreed to by-a majority of the members elected to each of the two
houses, such proposed amendment or amendments shall be entered on
their journals, with the yeas and nays taken thereon, and referred to
the legislature to be chosen at the next general election, and shall be pub
lished for three months previous to the time of holding such election ;
and if, in the legislature so next chosen, such proposed amendment or
amendments shall be agreed to by a majority of all the members elected
to each house, then it shall be the duty of the legislature to submit such
proposed amendment or amendments to the people, in such manner and
at such time as the legislature shall prescribe ; and if the people shall
approve and ratify such amendment or amendments by a majority of
the electors voting thereon, such amendment or amendments shall be
come part of the constitution : Provided, that if more than one amend
ment be submitted, they shall be submitted in such manner that the
people may vote for or against such amendments separately.
Section -2. If at any time a majority of the senate and assembly
shall deem it necessary to call a convention to revise or change this con
stitution, they shall recommend to the electors to vote for or against a
convention at, the next election for members of the legislature; and if
it shall appear that a majority of the electors voting thereon have voted
for a convention, the legislature shall, at its next session, provide for
calling such convention. ARTICLE XIII.
MISCELLANEOUS PROVISIONS.
Section i. The political year for the state of Wisconsin shall com
mence on the first Monday in January in each year, and the general
election shall be holden on the Tuesday succeeding the first Monday in
November in each year.
Section 2. Any inhabitant of this state who may hereafter' be en
gaged, either directly or indirectly, in a duel, either as principal or acces
sory, shall forever be disqualified as an elector, and from holding any
office under the constitution and laws of this state, and may be punished
in such other manner as shall be prescribed by law.
Section 3. No member of congress, nor any person holding any
office of profit or trust under the United States (postmasters excepted).

352 RATIFIED CONSTITUTION.
or under any foreign power; no person convicted of any infamous crime
in any court within the United States, and no person being a defaultei-
to the United States, or to this stats, or to any county or town therein,
or to any state or territory within the United States, shall be eligible to
any office of trust, profit or honor in this state.
Section 4. It shall be the duty of the legislature to provide a great
seal for the state, which shall be kept by the secretary of state; and all
official acts of the governor, his approbation of the laws excepted, shall
be thereby authenticated.
Section 5. All persons residing upon Indian lands, within any county
of the state, and qualified to exercise the right of suftrage under this
constitution, shall be entitled to vote at the polls which may be held
nearest their residence, for state. United States or county officers : Pro
vided, that no person shall vote for county officers out of the county in
which he resides.
Section 6. The elective officers of the legislature, other than the
presiding officers, shall be a. chief clerk and a sergeant-at-arms, to be
elected by each house.
Section 7. No county with an area of nine hundred square miles or
less, shall be divided, or have any part stricken therefrom, without sub
mitting the question to a vote of the people of the county, nor unless a
majority of all the legal voters of the county, voting on the question,
shall vote for the same.
Section 8. No county seat shall be removed, until the point to which
it is proposed to be moved shall be fixed by law, and a majority of the
voters of the county, voting on the question, shall have voted in favor
of its removal to such point.
Section 9. All county officers whose election or appointmentis not
provided for by this constitution, shall be elected by the electors of the
respective counties, or appointed b}' the boards of supervisors, or other
county authorities, as the legislature shall direct. All city, town and
village officers, whose election or appointment is not provided for by
this constitution, shall be elected by the electors of such cities, towns
and villages, or of some division thereof, or appointed by such author
ities thereof, as the legislature shall designate for that purpose. All
other officers whose election or appointment is not provided for by this
constitution, and all officers whose offices may hereafter be created by
law, shall be elected by the people, or appointed, as the legislature may
direct Section 10. The legislature may declare the cases in which any
office shall be deemed vacant, and also the manner of filling the vacancy,
where no provision is made for that purpose in this constitution.

RATIFIED CONSTITUTION. 353

ARTICLE XIV.
SCHEDULE.
Section i. That no inconvenience may arise by reason of a change
from a territorial to a permanent state government, it is declared that all
rights, actions, prpsecutions, judgments, claims and contracts, as well of
individuals as of bodies corporate, shall continue as if no such change had
taken place; and all process which may be issued under the authority
of the territory of Wisconsin, previous to its admission, into the Union
of the United States, shall be as valid as if issued in the name of the state.
Section 2. All laws now in force in the territory of Wisconsin,
which are not repugnant to this constitution, shall remain in force until
they expire by their own limitation, or be altered or repealed by the
legislature. Section 3. All fines, penalties or forfeitures accruing to the territory
of Wisconsin shall enure to the use of the state.
Section 4. All recognizances heretofore taken, or which may be
taken before the change from territorial to a permanent state government,
shall remain valid, and shall pass to, and may be prosecuted in the
name of the state; and all bonds executed to the governor of the terri
tory, or any other officer or court, in his or their official capacity, shall
pass to the governor or state authority, and their successors in office,
for the, uses therein respectively expressed, and may be sued for and
recovered accordingly; and all the estate or property, real, personal or
. mixed, and all judgments, bonds, specialties, choses in action, and claims
or debts of whatsoever description, of the territory of Wisconsin, shall
enure to and vest in the state of Wisconsin, and may be sued for and
recovered in the same manner, and to the same extent, by the state
of Wisconsin, as the same could have been by the territory of Wis
consin. All criminal prosecutions and penal actions which may have
arisen, or which may arise, before the change from a territorial to a state
government, and which shall then be pending, shall be prosecuted to
judgment and execution in the name of the state. All offenses com
mitted against the laws of the territory of Wisconsin, before the change
from a territorial to a state government, and which shall not be prose
cuted before such change, may be prosecuted in the name and by the
authority of the state of Wisconsin, with like effect as though such
change had not taken place; and all penalties incurred shall remain the
same as if this constitution had not been adopted. All actions at law
and suits in equity which may be pending in any of the courts of the
territory of Wisconsin, at the time of the change from a territorial to a
state government, may be continued and transferred to any court of the
state which shall have jurisdiction of the subject matter thereof.
Section 5. All officers, civil and military, now holding their offices
23

354 RATIFIED CONSTITUTION.
under the authority of the United States, or of the territory of Wiscon
sin, shall continue to hold and exercise their respective offices until they
shall be superseded by the authority of the state.
Section 6. The first session of the legislature of the state of Wis
consin shall commence on the first Monday in June next, and shall
be held at the village of Madison, which shall be and remain the seat of
government until otherwise provided for by law. '
Section 7. All county, precinct and township officers shall continue
to hold their respective offices, unless removed by the competent author
ity, until the legislature shall, in conformity with the provisions of this
constitution, provide for the holding of elections to fill such offices
respectively. Section 8. The president of this convention shall, immediately after
its adjournment, cause a fair copy of this constitution, together with a
copy of the act of the legislature of this territory, entitled " An act in
relation to the formation of a state government in Wisconsin, and to
change the time of holding the annual session of the legislature," ap
proved October 27, 1847, providing for the calling of this convention, and
also a copy of so much of the last census of the territory as exhibits the
number of its inhabitants, to be forwarded to the president of the United
States, to be laid before the congress of the United States, at its present
session. Section 9. This constitution shall be submitted at an election to be
held on the second Monday in March next, for ratification or rejection, to
all white male persons of the age of twenty-one years or upwards, who
shall then be residents of this territory and citizens of the United States, or
shall have declared their intention to become such in conformity with
the laws of congress on the subject of naturalization, and all persons
having such qualifications shall be entitled to vote for or against the
adoption of this constitution, and for all officers first elected under it.
And if the constitution be ratified by the said electors, it shall become
the constitution of the state of Wisconsin. On such of the ballots as
are for the constitution, shall be written or printed the word "yes," and
on such as are against the constitution, the word " no." The election
shall be conducted in the manner now prescribed by law, and the returns
made by the clerks of the boards of supervisors or county commis
sioners (as the case may be), to the governor of the territory, at any
time before the tenth day of April next. And in the event of the ratifi
cation of this constitution by a majority of all the votes given, it shall
be the duty of the governor of this territory to make proclamation of
the same, and to transmit a digest of the returns to the senate and
assembly of the state, on the first day of their session. An election
shall be held for governor and lieutenant governor, treasurer, attorney
general, members of the state legislature, and members of congress, on

RATIFIED CONSTITUTION. 355
¦ the second Monday of May next; and no other or further notice of such
election shall be required.
Section 10. Two members of congress shall also be elected on the
second Monday in May next ; and until otherwise provided by law, the
counties of Milwaukee, Waukesha, Jefferson, Racine, Walworth, Rock
and Green, shall constitute the first congressional district, and elect one
member; and the counties of Washington, Sheboygan, Manitowoc, Cal
umet, Brown, Winnebago, Fond du Lac, Marquette, Sauk, Portage,
Columbia, Dodge, Dane, Iowa, La Fayette, Grant, Richland, Crawford,
Chippewa, St. Croix and La Pointe, shall constitute the second con
gressional district, and shall elect one member.
Section ii. The several elections provided for in this article shall be
conducted according to the existing laws of the territory: Provided, that
no elector shall be entitled to vote except in the town, ward, or precinct
¦where he resides. The returns of election for senators and members of
assembly shall be transmitted to the clerk of the board of supervisors, or
county commissioners, as the case may be; and the votes shall be can
vassed and certificates of election issued, as now provided by law. In
the first senatorial district, the returns of the election for senator shall be
made to the proper officer in the county of Brown ; in the second sena
torial district, to the proper officer in the county of Columbia; in the
third senatorial district, to the proper officer in the county of Crawford;
in the fourth senatorial district, to the proper officer in the county of
Fond du Lac ; and in the fifth senatorial district, to the proper officer in
the county of Iowa. The returns of election for state officers and mem
bers of congress shall be certified and transmitted to the speaker of the
assembly, at the seat of government, in the same manner as the vote for
delegate to congress are required to be certified and returned by the laws
of the territory of Wisconsin to the secretary of said territory, and in
such time that they may be received on the first Monday in June next;
and as soon as the legislature shall be organized, the speaker of the
assembly and the president of the senate shall, in the presence of both
houses, examine the returns, and declare who are duly elected to fill the
several offices hereinbefore mentioned, and give to each of the persons
elected a certificate of his election.
Section 12. Until there shall be a new apportionment, the senators
and members of the assembly shall be apportioned among the several
districts, as hereinafter mentioned, and each district shall be entitled to
'elect one senator or member of assembly, as the case may be.
The counties of Brown, Calumet, Manitowoc and Sheboygan, shall
constitute the first senate district.
. Jhe counties of Columbia, Marquette, Portage and Sauk, shall consti
tute the second senate district.
The counties of Crawford, Chippewa, St. Croix and La Pointe, shall
constitute the third senate district.

¦356 RATIFIED CONSTITUTION.
The counties of Fond du Lac and Winnebago shall constitute the
fourth senate district.
The counties of Iowa and Richland shall constitute the fifth senate
district. The county of Grant shall constitute the sixth senate district.
The county of La Fayette shall constitute the seventh senate district.
The county of Green shall constitute the eighth senate district. '
The county of Dane shall constitute the ninth senate district.
The county of Dodge shall constitute the tenth senate district.
The county of Washington shall constitute the eleventh senate district.
The county of Jefferson shall constitute the twelfth senate district.
The county of Waukesha shall constitute the thirteenth senate district.
The county of Walworth shall constitute the fourteenth senate district.
The county of Rock shall constitute the fifteenth senate district.
The towns of Southport, Pike, Pleasant Prairie, Paris, Bristol,
Brighton, Salem and Wheatland, in the county of Racine, shall consti.
tute the sixteenth senate district.
The towns of Racine, Caledonia, Mount Pleasant, Raymond, Norway,
Rochester, Yorkville and Burlington, in the county of Racine, shall
constitute the seventeenth senate district.
The third, fourth and fifth wards of the city of Milwaukee, and the
towns of Lake, Oak Creek, Franklin and Greenfield, in the county of
Milwaukee, shall constitute the eighteenth senate district.
The first and second wards of the city of Milwaukee, and the towns
of Milwaukee, Wauwatosa and Granville, in the county of Milwaukee,
shall constitute the nineteenth senate district.
The county of Brown shall constitute an assembly district.
The county of Calumet shall constitute an assembly district.
The county of Manitowoc shall constitute an assembly district.
The county of Columbia shall constitute an assembly district.
The counties of Crawford and Chippewa shall constitute an assembly
, district. **
The counties of St. Croix and La Pointe shall constitute an assembly
district. The towns of Windsor, Sun Prairie and Cottage Grove, in the county
of Dane, shall constitute an assembly district.
The towns of Madison, Cross Plains, Clarkson, Springfield, Verona,
Montrose, Oregon and Greenfield, in the county of Dane, shall constitute
an assembly district.
The towns of Rome, Dunkirk, Christiana, Albion and Rutland, in tlje •
county of. Dane, shall constitute an assembly district. 1
The towns of Burnett, Chester, Le Roy and Williamstown, in the
county of Dodge, shall constitute an assembly district.
The towns of Fairfield, Hubbard and Rubicon, in the county of Dodge,
shall constitute an assembly district. • i

RATIFIED CONSTITUTION. 357
The towns of Hustisford, Asshippun, Lebanon and Emmet, in the
county of Dodge, shall constitute an assembly district.
The towns of Elba, Lowell, Portland and Clyman, in the 'county of
Dodge, shall constitute an assembly district.
The towns of Calamus, Beaver Dam, Fox Lake and Trenton, in the
county of Dodge, shall constitute an assembly district.
The towns of Calumet, Forest, Auburn, Byron, Taychedah and Fond
du Lac, in the county of Fond du Lac, shall constitute an assembly
district. The towns of Alto, Metomen, Ceresco, Rosendale, Waupun, Oakfield
and Seven Mile Creek, in the county of Fond du Lac, shall constitute an
assembly district.
The precincts of Hazel Green, Fairplay, Smeltzer's Grove and James
town, in the county of Grant, shall constitute an assembly district.
The precincts of Platteville, Head of Platte, Centerville, Muscoda
and Fennimore, in the county of Grant, shall constitute an assembly
district. The precincts of Pleasant Valley, Potosi, Waterloo, Hurricane and
New Lisbon, in the county of Grant, shall constitute an assembly
district. The precincts of Beetown, Patch Grove, Cassville, Millville and Lan
caster, in the county of Grant, shall constitute an assembly district.
The county of Green shall constitute an assembly district.
The precincts of Dallas, Peddler's Creek, Mineral Point and Yellow
Stone, in the county of Iowa, shall constitute an assembly district.
The precincts of Franklin, DodgeviHe, Porter's Grove, Arena and
Percussion, in the county of Iowa, and the county of Richland, shall
' constitute an assembly district
The towns of Watertown, Aztalan and Waterloo, in the county of
Jefferson, shall constitute an assembly district.
The towns of Ixonia, Concord, Sullivan, Hebron, Cold Spring and
Palmyra, in the county of Jefterson, shall constitute an assembly district.
The towns of Lake Mills, Oakland, Koshkonong, Farmington and
Jefferson, in the county of Jefterson, shall constitute an assembly district
The precincts of Benton, Elk Grove, Belmont, Willow Springs, Prairie,
and that part of Shullsburgh precinct north of town one, in the county
of La Fayette-, shall constitute an assembly district
The precincts of Wiota, Wayne, Gratiot, White Oak Springs, Fever
River, and that part of Shullsburgh precinct south of town two, in the
county of La Fayette, shall constitute an assembly district.
The county of Marquette shall constitute an assembly district
The first ward of the city of Milwaukee shall constitute an assembly
district. The second ward of the city of Milwaukee shall constitute an assem
bly district

358 RATIFIED CONSTITUTION.
The third ward of the city of Milwaukee shall constitute an assemBIjr
district. The fourth and fifth wards of the city of Milwaukee shall constitute
an assembly district.
The towns of Franklin and Oak Creek, in the county of Milwaukee,
shall constitute an assembly district. '
The towns of Greenfield and Lake, in the county of Milwaukee, shall
constitute an assembly district
The toVns of Granville, Wauwatosa and Milwaukee, in the county of
Milwaukee, shall constitute an assembly district.
The county of Portage shall constitute an assembly district.
The town of Racine, in the county of Racine, shall constitute an
assembly district.
The towns of Norway, Raymond, Caledonia and Mount Pleasant, in
the county of Racine, shall constitute an assembly district.
The towns of Rochester, Burlington and Yorkville, in the county of
Racine, shall constitute an assembly district
The towns of Southport, Pike and Pleasant Prairie, in the county of
Racine, shall constitute an assembly district
The towns of Paris, Bristol, Brighton, Salem and Wheatland, in the
county of Racine, shall constitute an assembly district.
The towns of Janesville and Bradford, in the county of Rock, shall
constitute an assembly district.
The towns of Beloit, Turtle and Clinton, in the county of Rock, shall
constitute an assembly district.
The towns of Magnolia, Union, Porter and Fulton, in the county of
Rock, shall constitute an assembly district.
The towns of Milton, Lima and Johnstown, in the county of Rock,
shall constitute an assembly district.
The towns of Newark, Rock, Avon, Spring Valley and Center, in the
county of Rock, shall constitute an assembly district: Provided, that if
the legislature shall divide the town of Center, they may attach such
part of it to the district lying ne.xt north, as they may deem expedient.
The county of Sauk shall constitute an assembly district.
Precincts numbered one, three and seven, in the county of Sheboygan,
shall constitute an assembly district
Precincts numbered two, four, five and six, in the county of Sheboy
gan, shall constitute an assembly district.
The towns of Troy, East Troy and Spring Prairie, in the county of
Walworth, shall constitute an assembly district.
The towns -of Whitewater, Richmond and La Grange, in the county
of Walworth, shall constitute an assembly district.
The towns of Geneva, Hudson and Bloomfield, in the county of Wal
worth, shall constitute an assembly distiict

RATIFIED CONSTITUTION. 359
The towns of Darien, Sharon, Walworth and Linn, in the county of
Walworth, shall constitute an assembly district
The towns of Delavan, Sugar Creek, La Fayette and Elkhorn, in the
county of Walworth, shall constitute an assembly district
The towns of Lisbon, Menomonee and Brookfield, in the county of
Waukesha, shall constitute an assembly district.
The towns of Warren, Oconomowoc, Summit and Ottowa, in the
county of Waukesha, shall constitute an assembly district
The towns of Delafield, Genesee and Pewaukee, in the county of
Waukesha, shall constitute an assembly district.
The towns of Waukesha and New Berlin, in the county of Waukesha,
shall constitute an assembly district.
The towns of Eagle, Mukwanago, Vernon and Muskego, in the county
of Waukesha, shall constitute an assembly district.
The towns of Port Washington, Fredonia and Clarence, in the county
of Washington, shall constitute an assembly district.
The towns of Grafton and Jackson, in the county of Washington,
shall constitute an assembly district
The towns of Mequon and German town, in the county of Washington,
shall constitute an assembly district.
The towns of Polk, Richfield and Erin, in the county of Washington,
shall constitute an assembly district.
The towns of Hartford, Addison, West Bend and North Bend, in the
county of Washington, shall constitute an assembly district.
The county of Winnebago shall constitute an assembly district.
The foregoing districts are subject, however, so far lo be altered that
when any new town shall be organized, it may be added to either of the
adjoining assembly districts.
Section 13. Such parts of the common law as are now in force in
the territory of Wisconsin, not inconsistent with this constitution, shall
be and continue part of the law of this state until altered or suspended
by the legislature.
Section 14. The senators first elected in the even numbered senate
districts, the governor, lieutenant governor, and other state officers first
elected under this constitution, shall enter upon the duties of their
respective offices on the first Monday of June next, and shall continue
in office for one year from the first Monday of January next. The .
senators fiist elected in the odd numbered senate districts, and the mem
bers of the assembly first elected, shall enter upon their duties respect
ively on the first Monday of June next, and shall continue in office
until the first Monday in January next
Section 15. The oath of office may be administered by any judge
or justice of the peace, until the legislature shall otherwise direct

360 RATIFIED CONSTITUTION.
RESOLUTIONS.
Resolved, That the congress of the United States be and is hereby re
quested, upon the application of Wisconsin for admission into the Union,
so to alter the provisions of an act of congress, entitled " An act to
grant a quantity of land to the territory of Wisconsin for the purpose
of aiding iij opening a canal to connect the waters of Lake Michigan
with those of Rock river," approved June eighteenth, eighteen hun
dred and thirty-eight; and so to alter the terms and conditions of the
grant made therein, that the odd numbered sections thereby granted and
remaining unsold, may be held and disposed of by the state of Wisconsin
as part of the five hundred thousand acres of land to which said state is
entitled by the provisions of an act of congress, entitled "An act to ap
propriate the proceeds of the sales of the public lands, and to grant pre
emption rights," approved the fourth day of September, eighteen
hundred and forty-one; and further, that the even numbered sections'
reserved by congress may be offered for sale by the United States, for the
same minimum price, and subject to the same rights of pre-emption, as
other public lands of the United States.
Resolved, That congress be further requested to pass an act whereby ,
the excess price over and above one dollar and twenty-five cents per
acre, which may have been paid by the purchasers of said even num
bered sections which shall have been sold by the United States, be
refunded to the present owners thereof, or they be allowed to enter any
of the public lands of the United States to an amount equal in value to
the excess so paid.
Resolved, That in case the odd numbered sections shall be ceded to the
state as aforesaid, the same shall be sold by the state in the same manner
as other school lands : Provided, that the same rights of pre-emption
as are now granted by the laws of the United States shall be secured to
persons who may be actually settled upon such lands at the time of 'the
adoption of this constitution : And provided further, that the excess price.
over and above one dollar and twenty-five cents per acre, absolutely or
conditionally contracted to be paid by the purchasers of any part of said
sections which shall have been. sold by the territory of Wisconsin, shall
be remitted to such purchasers, their representatives or assigns.
• Resolved, That congress be requested, upon the application of Wiscon
sin for admission into the Union, to pass an act whereby the grant of five
hundred thousand acres of land, to which the state of Wisconsin is
entitled by the provisions of an act of congress, entitled " An act to ap
propriate the proceeds of the sales of the public lands, and to grant
fre-emption rights," approved the fou'.-th day of September, eighteen
hundred and forty-one, and also the five per centum of the net proceeds
of the public lands lying within the, state, to which it shall become en
titled on its admission into the Union, by the provisions of an act of

RATIFIED CONSTITUTION. 36 1
congress, entitled " 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," approved the sixth day of August, eighteen
hundred and forty-six, shall be granted to the state of Wisconsin for the
use of schools, instead of the purposes mentioned in said acts of congress
respectively. Resolved, That the congress of the United States be, and hereby is
requested, upon the admission of this state into the Union, so to alter
the provisions of the act of congress, entitled " An act to grant a certain
quantity of land to aid in the improvement of the Fox and Wisconsin
rivers, and to connect the same by a canal in the territory of Wisconsin,"
that the price of the lands reserved to the United States shall be reduced
to the minimum price of the public lands.
Resolved, That the legislature of this state shall make provision by
law for the sale of the lands granted to the state in aid of said improve
ments, subject to the same rights of pre-emption to the settlers thereon,
as are now allowed by law to the settlers on the public lands.
Resolved, That the foregoing resolutions be appended to and signed
with the constitution of Wisconsin, and submitted therewith to the people
of this territory, and to the congress of the United States.
We, the undersigned, members of the convention to form a constitu
tion for the state of Wisconsin, to be submitted to the people thereof for
their ratification or rejection, do hereby certify that the foregoing is the
constitution adopted by the convention.
In testimony whereof, we have hereunto set our hands, at Madison,
the first day of February, A. D. 1848.
MORGAN L. MARTIN, President of the Convention,
and delegate from Brown county.
Thomas McHugh, Secretary.
G.W. FEATHERSTONHAUGH, MORITZ SCHCEFFLER,
JAMES T. LEWIS, SILAS STEADMAN,
DANIEL G. FENTON, WILLIAM H. KENNEDY,
STODDARD JUDD, ALBERT G. COLE,
CHARLES H. LARRABEE, FREDERICK S. LOVELL,
SAMUEL W. LYMAN, ANDREW B. JACKSON,
WILLIAM H. FOX, STEPHEN A. DAVENPORT,
CHARLES M. NICHOLS, SAMUEL R. McCLELLAN,
WILLIAM A. WHEELER, JAMES D. REYMERT,
WARREN CHASE, THEODORE SECOR,
SAMUEL W. BEALL, HORACE T. SANDERS,
ORSAMUS COLE, ALMERIN M. CARTER,
GEORGE W. LAKIN, JOSEPH COLLEY,
WILLIAM RICHARDSON, PAUL CRANDALL,
JOHN H. ROUNTREE, EZRA A. FOOT,

362

RATIFIED CONSTITUTION.

ALEXANDER D. RAMSEY,
JAMES BIGGS,
CHARLES BISHOP,
STEPHEN B. HOLLENBECK,
JOSEPH WARD,
CHARLES DUNN,
JOHN O'CONNOR,
ALLEN WARDEN,
MILO JONES,
THEODORE PRENTISS,
JONAS FOLTS,
ABRAM VANDERPOOL,
JOHN L. DORAN,
GARRETT M. FITZGERALD,
ALBERT FOWLER,
RUFUS KING,
CHARLES H. LARKIN,

LOUIS P. HARVEY,
EDWARD V. WHITON,
EXPERIENCE ESTABROOK,
GEORGE GALE,
JAMES HARRINGTON,
AUGUSTUS C. KINNIE,
EZRA MULFORD,
HOLLIS LATHAM,
SQUIRE S. CASE,
ALFRED L. CASTLEMAN,
PETER D. GIFFORD,
ELEAZER ROOT,
GEORGE SCAGEL,
JAMES FAGAN,
PATRICK PENTONY,
HARVEY G. TURNER,
HARRISON REED.

CONSTITUTIONAL AMENDMENTS.

Several amendments to the state constitution have been
adopted by the legislature, and ratified by the people, at
the time Indicated below, and now constitute a part of the
organic law of the state. They are as foUows :

ARTICLE IV.
[Section 21, as amended by a vote of the people at the general election,
November J, i86y.]
Section 21. Each member of the legislature shall receive for his
services three hundred and fifty dollars per annum, and ten cents for
every mile he shall travel in going to and returning from the place of
the meetings of the legislature, on the most usual route. In case of an _
extra session of the legislature, no additional compensation shall be
allowed to any member thereof, either directly or indirectly.

CONSTITUTIONAL AMENDMENTS. 363

ARTICLE V.
[Sections 5 and 9, as amended by a vote of the people at the general elec
tion, November 2, i86g.]
Section 5. The governor shall receive, during his continuance in
office, an annual compensation of five thousand dollars, which shall be in
full for all traveling or other expenses incident to his duties.
Section 9. The lieutenant governor shall receive, during his contin
uance in office, an annual compensation of one thousand dollars.
ARTICLE 1.
[Section 8, as amended by a vote of the people at the general^ election,
November 8, 1870.]
Section 8. No person shall be held to answer for a criminal offense
without due process of law, and no person for the same offense shall be
put twice in jeopardy of punishment, nor shall be compelled in any
criminal case to be a witness against himself. All persons shall before
conviction be bailable by sufficient sureties, except for capital offenses
when the proof is evident or the presumption great; and the privilege of
the writ of habeas corpus shall not be suspended unless when, in case of
rebeUion or invasion, the public safety may require it.
[Sections 31 and 32, as amended by a vote of the people at the general
election, November 7, i8'/i.]
Section 31. The legislature is prohibited from enacting any special
or private laws in the following cases: ist For changing the name of '
persons or constituting one person the heir-at-law of another. 2d. For
laying out, opening or altering highways, except in cases of state roads
extending into more than one county, and military roads to aid in the'
construction of which lands may be granted by congress. 3d. For
authorizing persons to keep ferries across streams, at points wholly
within this state. 4th. For authorizing the sale or mortgage of real or
personal property of minors or others under disability, sth. For locating'
or changing any county seat 6th. For assessment or collection of taxes
or for extending the time for the collection thereof. 7th. For granting
corporate powers or privileges, except to cities. Sth. For authorizing
the apportionment of any part of the school fund. 9th. For incorporat
ing any town or village, or to amend the charter thereof.
Section 32. The legislature shall provide general laws for the trans
action of any business that may be prohibited by section thirty-one of
this article, and all such laws shall be uniform in their operation
throughout the state.

364, CONSTITUTIONAL AMENDMENTS.

ARTICLE XI.
[Section 3, as amended by a vote of the people at the general election,
November 3, i8'/4.]
Section 3. It shall be the duty of the legislature, and they are hereby
empowered to provide for the organization of cities and incorporated -wdl-
lages, and to restrict their power of taxation, assessment, borrowing
money, contracting debts, and loaning their credit, so as to prevent
abuses in assessments and taxation, and in contracting debts by such
municipal corporations. No county, city, town, village, school district,
or other municipal corporation, shall be allowed to become indebted in
any manner or for any purpose, to any amount, including existing in
debtedness, in the. aggregate exceeding five per centum on the value of
the taxable property therein, to be ascertained by the last assessment for
state and county taxes, previous to the incurring of such indebtedness.
Any county, city, town, village, school district or other municipal cor
poration, incurring any indebtedness, as aforesaid, shall, before or at the
time of doing so, provide for the collection of a direct annual tax suffi
cient to pay the interest on such debt as it falls due, and also to pay and
discharge the principal thereof, within twenty years from the time of con
tracting the same. • ¦ ARTICLE VII.
[Section 4, as amended by a vote qf the people at the general election,
November 6, 1877.]
Section 4. The supreme court shall consist of one chief justice and
four associate justices, to be elected by the qualified electors of the state. ,
The legislature shall, at its first session after the adoption of this amend
ment, provide by law for the election of two associate justices of said
court, to hold their offices respectively for terms ending two and four
years respectively, after the end of the term of the justice of the said
court then last to expire. And thereafter the chief justices and associate
justices of the said court shall be elected and hold their offices respect
ively for the term of ten years.
ARTICLE VIIL
[Section 2, as amended by a vote of t/ie people at the general election,
November 6, 1877.]
Section 2. No money shall be paid out of the treasury except in
pursuance of an appropriation by law. No appropriation shall be made
for the payment of any claim against the state, except claims of the
United States, and judgments, unless filed within .six years after the
claim accrued.

APPENDIX.

VOTES ON THE CONSTITUTIONS.
Below are given the votes, by counties, on the question of ratifying the
constitutions presented by the conventions of 1846 and 1848. The first,
or rejected constitution, was voted upon at a special election, held on
Tuesday, the 6th day of April, 1847; and the second, or ratified constitu
tion, was voted upon by the people at a special election, held on Monday,
the 13th of March, 1848:

Rejected Constitution.

Ratified Constitution.

Name.

For.

Against.

For.

Against.

Brown

=35

120

2l8 55
513 120
871872 747
»ii37 5 to
631
969659 122
283
2,008 20S
1,0731,243 245
431 r5
1,1081,3231,090 328

6

S
31 16

66
49
803
. 624532
341
ii444 780

354 T50
962974'627
1,898 607
••,417
1.233

237282
183
428
299 161
Iowa'
422 193
96
184
1,678 1
164
1,363 987 III160 6s
1,246 984
1,478 137
45
189
1,996 209
2>474 1.977 157
374 61
1,8252,027 353
203
58
1,231
Racine
Rock 
Sauk 
'Waukesha 
798
Walworth 
Total 
14,119
20. 232
16,799
6,384
* La Fayette and Richl*id counties are included in this return on the rejected constitu
tion; and Richland is included in the return of the vote on the^ ratified constitution.
LIST OF MEMBERS OF THE CONVENTION
To form a Constitution for the State of Wisconsin, Convened at Madison, Monday, October J, 1S46.

Names of Members.

County.

Post Office.

Place of Nativity.

Age.

Boarding Place.

"Profession.

David Agry 

Brown 
Jefferson 
Dane 
Waukesha.... Brown 
Walworth 
Dodge 
Grant 
Marquette 
Walworth . ..
Racine ......
Walworth ....
Grant .... 
Green 
Walworth 
Walworth....
Crawford 
Milwaukee 
Green 
Waukesha 
Grant 

Green Bay 
Lake Mills 
Dane 

Maine 

47
40 47

Mrs. Shackleford's 
Mr. Van Bergen's 
Madison Hotel 
Madison Hotel . - 
Mrs. Shackleford's 
D. Holt's 
D.Holt's 
American 
Mrs. Shackleford's 
D Holt's 

Lawyer.

JohnM. Babcock 

Muskego .. .... -.
Green Bay 

Henry S. Baird 
Ireland 
City of New York 
New York 
46''I46
Lawyer.Lawyer.
Charles M. Baker 
Oak Grove 
J. Allen Barber 
Lawj'er,
Samuel W. Beall 
Tychora 
37
40 3965
41 52
48342530 .
4336
William Bell 
Walworth 
Mt. Pleasant . 
Rochester 
Platteville 
New York.. 
New York 
Massachusetts 
New York 
Stephen O. Bennett 
William Berry 
American 
Mr. Parker's ... 
D. Holt's 
D Holt's
Lawyer.
Delavan 
New York..... 
NewYork 
New York 
NewYork 
Farmer.
John W.Boyd 
P. A. R. Brace 
Prairie du Chien. ..
Milwaukee 
Lawyer,
Mrs. Stark's 
National Hotel 
Farmer
Charles Burchard 
Prairieville 
Patch Grove 
W. 0, Springs 
Thomas B. Burnett 
A. Burnside 
Lawyer.
5642
Daniel R. Burt 
NewYork 
National Hotel 
James B. Carter 
Rock 
Beloit 
England  . .
5535
3332
Carpenter.
Horace Chase 
Milwaukee 
Fond du Lac . .
Sauk 
Jefferson'., . .
Milwaukee ....
Washincton . . .
Milwatikee . . .
Grant 
Milwaukee 
Warren Chase 
Mr. Skinner's 
Farmer.Lawyer.
William H. Clark 
Sauk Prairie 
Cold Spring 
Samuel T. Clothier 
Massachusetts 
Edward Coumbe 
53
43
John Cooper 
Hopewell Coxe  ,,..,...
Greenfield 
Farmer.Lawyer.Farmer.
Farmer.
Milwaukee 
Platteville 
J'homas Cruson 
Kentucky 
A-Jnerican— 
00
I— (
HO
g
W Wia
oH aoo<wz o
LIST OF MEMBERS OF THE CONVENTION.

369

¦ U l-i Id Ih CC I
> ii V V V ^ '
• E E g E a I

= K E
5 «J a

E E- 'h E Q *
S Si " s,s's S ti " s' si s ij sj si >; si s-d ii si ii Si „• s; >;'i
S E-f g ^E| SfEEEEEEEES E-g |,E E E E fc E S
™," ^_j ™ M^ri rtcOrt ci; rt ra rt rt rt rt'^ rt D^ rirtca ci'" cOmJ
Ci,tt.h-lS.-Jti,SfeK-lt^&HtafcfcL4f=:HU-taSfaHJpH[x-fa:.t.[r.S;SiSp

o 3 O

. » ¦E';SE'?Sg'>:u*E'S5'S*2S'
|g :<;ES<:S?;wSSP<i;Sw^iPSw

|5

'J>.o^«o>.o.?2|^„

5 3
O b

filliilinili II

i^

:ES!BgCL,>-

u u u
3 3"

¦-^ C8 rt O r^ 1-i CS Cj 1-1 —

J--S : ¦«« £
;.^is o ica °-3 >-S 2 a-5 = o
'¦3o'3'^"N='S.S"o«-rSl£!£[2s^;<!P^mSp^wO

-5 P 3 S ~

•J ;;•§

ciD<ii:p<rt^iJt=.^00(55S?APci<«S«R«?

P(5oi2i«

HWEhmOO

370

LIST OF MEMBERS OF THE CONVENTION.

g' silll S ij b| ii ii si si si si g.y' Si y' i i,ii Hi i s| i*
«re^*:j::cadrtJirtrt(i]njcanirtrtrtrtcca«rtcB«3rt*;rt

U OJ S u
n cd cQ cit

a c

.-5 aii o ">

I P«

a

o a.-S

-= r- c.S

o o 0.5— „
^^  _. .. _ . MS3:-^.^a
g «W g o
S S .ci'B'-o »; S"d^ S'-D^^ »;"'. S"^ SS S E's E-Sd ^
E E *• (t rt ^- E ^. rtE«i«rtfcii-(-E>-E .Eorto nj^ t-
<;<Si-^ZS2<!g-^S<SSSSS2<;5<i!R<i!3;ZKZ-^S

I Em
ffl rt Jj»jj
¦n-n'^'o E E S^
<!<IMR

- r, r\ tnJZ Q o .- e O O J- -^ U O O c O
^>.>.oo>->.S'2'3><><>'2>'

O O o c o.^

oS.^oou3.f!od^cOoj:
Sii^sgssgMssEE^s I ii s s * „ .
gjaJUU<U(n<lJUU''UUUU'UIL)rautL)aaUuU
ZZZZZPhZZHSZZ>>ZZS««ZZZ>Z

(U 01

» E.2 ^
rt u J) w
a>Az

V~ O O'^'"'

3 C 4) a

o o •

" S S:Sg 2|3 S-3 S S| i S| I « 2 S I « S S §1 S|-H| g

D rt-d c!
K'- Oj-
«2Hcn

— on

S « S " 9 <u o

SU "" .moj V V in ''J in '" i? V O O •UflJUO
< * M«J<-?.ii-S M«-a.2 g-^ S3-3 fe-3 ^.S Sji s * ¥ «-s-2.H«
fr.^~ > o 5 u ST3 fe ^ o S oti= jt^ :^jH-s urs u crs c > k o u o
;'.S5 o "¦^ °-S ° n-S " " O u4? U.5 u rt-J O O " B J " Sort

.E S
1.2 is 3:

=i d
V <u
2^1 si
c .Son

'^ : o g^.S ¦ St5~S

=!^i5':s::s.42|i;«a52|s|-l|fS«i^wsB|^ll,|o6

-e ".-..- ¦ -OWocc
E^Ji'-^i-'Ufn -ilrtQ.
-'""= ¦ "•^"'stnoS ,
^ ^ o
H

w|.|.| S d S.-3 S.-s s S.s S'5.a|-S « g g>.a S |^6f=s^.2p^ E-S ss.a-S

Peter H. Turner 
iohn H. Tweedy 
Ion A. J. Uphani (President).
James R. Vineyard 
Garrett Vl:et 
Salmous Wakeley 
Jo-hua White 
Ninian E. Whitesides 
Victor M. Willard 
J. F. Wi'son 

Jefferson . .
MiUvaukes
MilwaukeeGran t
Milwaukee
Walworth .
Iowa 
Iowa ......
Raci e ...
Washington

Palmyra 
Milwaukee 
Milwaukee .......
Platteville. 
Milwaukee 
Whitewater . . .
White Oak Springs.
Belmont 
Rochester 
Rubicon 

New York 
New Hampshire
Vermont  ,
Kentucky 
New Jersey , .. .
Connect'cut . .. ,,
Virginia  ,
Illinois  ,
New York  ,
Vermont  ,

>'^tionaI Hotel .
American 
National Hotel-
American .
Mrs. Brigham's.
Rev. Mr. v iner'
Madison Hotel .
American 
Mrs. Brigham's,
Esq. Seymour's

LIST OF OFFICERS OF THE CONVENTION.

La Fayette Kellogg, Secretary,
ASSISTANT .secretaries.
Hiram Taylor 
Thomas McHugh 
' sergeant-at-arms.
John Starkweather 
R. T. Davis, Fireman 
door-keepeks.
Edward O. Hayy 
William M. Kirkpatrick 
MESSENGERS,
Henry Brown 
Henry P. Starks 

Dane

Rock 
Walworth .

Jefferson . ...
Dane 
Iowa 
Grant 
Milwaukee . ..
Dane 

Madison 
Jane'^ville . ...
Delavan 
Aztalan 
Madison  ,
Pedler's Creek
Platteville 
Milwaukee ...,
Madison  ,

New York...
New York . . .
Ireland 
Vermont . . . . ,
Pennsylvania
Pennsylvania .
Georgia 
New York . . , ,
New York. ...

Madison Hotel 
Rev. S. McHugh's.

Mr. Van Bergen's .

Madison Hotel .
Mrs. Stark's....

Merchant. Lawyer. Lawyer,
Miner. Farmer.
Farmer.Merchant.Miner.Farmer.
Farmer.

Cl'k Supreme Court

Lawyer.Lawyer.

Mrs. Stark's.
Mrs. Stark's.

Carpenter.
Carpenter.

Miner.Farmer,

Farmer.

H
O
W
w
mO
OO
<
H
O

LIST OF MEMBERS OF THE CONVENTION
To form a Constitution for tlie State of Wisconsin, Convened at Madison on the ijth dav of December, 1847.

to

mHO W
MIsrfd
03OH HOO'-i<
z H H-l
O

Names of Members.

Beall, Samuel W 
Bishop, Charles 
Biggs, James 
Brownell, George W 
Carter, Almerin M 
Case, Squire S 
Ca>tleman, Alfred L 
Cole, Albert G 
Cole, Orsamus 
Colley, Joseph 
Cotton, E. P 
Crandall, Paul 
Chase, Warren 
Davenport, S. A 
Doran, JohnL 
Dunn, Charles  ¦ . . .
Estabrook, Experience. . . .
Fagan" James 
Featherstonhaugh, G. W .
Fenton, Daniel G 
Fitzgerald, Gariett M 
Folts, Jonas 
Foot, Ezra A 
Fowler, Albert 
Fox, William H 
Gale, George . 
Gifford, Peter D 
Harrington, James 
Harvey, Louis P 
Hollenbeck, Stephen B . . .
Jackson, Andrew B 
Jones, Milo 
Judd, Stoddard 
Kennedy, William H . . .
Kilbourn, Byron.... 
King, Rufusi 
Kinnie, Augustus C. ......

County.

Fond du Lac.
Iowa 
Green 
St Croix ....
Rock..Waukesha.. ,
Waukesha...Racine 
Grant 
Rock 
Waukesha, ..
Rock 
Fonddu Lac.
Racine 
Milwaukee ..
La Fayette. .
Walworth . . . ,
Washington .
Calumet ., . .,
Crawford, etc
Milwaukee . .
Jefferson . . . . ,
Rock 
Milwaukee ...
Dane 
Walworth . . . ,
Waukesha. ..,
Walworth . . ,,
Rock  ,
Iowa  ,
Racine 
Jefferson 
Dodge 
Portage, etc . ,
Milwaukee . .
Milwaukee . . .
Walworth ...

Post Office.

Taychedah 
Dodgevile 
Farmer's Grove . . .
Falls St. Croix....
John-town 
Waukesha 
Delafield . ......
Btiilington 
Potosi 
Beloit 
Oconomowoc 
Whitewater ....
Ceresco 
Brighton 
Milwaukee 
Belmont 
Geneva 
Grafton 
Pequot 
Prairie du Chien. .
Milwaukee 
Jefferson 
Bachelor's Grove .
Wauwatosa 
Fitchburg 
Elkhorn 
Waterville 
Elkhorn 
Clinton 
Highland ........
Btisiol 
Fort Atkinson. . ..
Waushara ......
Plover Portage ...
Milwaukee  .-.
Milwaukee 
.Sugar Creek 

Place of Nativity.

Maryland 
New York 
Northwest Territory 
Connect'cut 
New York 
New York 
Kentucky 
New York 
Madison county, N. Y...
New Hampshire  ;
New York 
Connecticut 
New H ampshire 
New York 
Ireland 
Kentucky  , 
New Hampshire 
Ireland  
Albany, N. Y 
New Jersey 
Ireland 
New York 
Connecticut 
Massachusetts 
Ireland 
Vermont 
NewYork 
New York 
Connecticut 
Vermont 
Connecticut 
Vermont 
Connecticut 
Pennsylvania 
Connecticut  ¦
New York. 
New York 

Age.

4828483733463928276S35453540324734353337383938
45 34
31 34
372747
33395028
46,3137

Boarding Place.

Mrs. Shackleford's 
Mr. Ogden's 
American Hotel 
American Hotel 
Madison H otel 
Madison Hotel 
American Hotel 
Mrs. Shackleford's 
American Hotel 
Mrs. Brigham's 
American Hotel 
Mrs. Brigham's 
Mr. Emmons' 
David Holt's 
American Hotel 
American Hotel 
Mrs. Shackleford's 
Madison Hotel 
National Hottl. 
American Hotel 
Mrs. Stark's  -.. ...
Mr. Ogc'en's 
Mrs. Brigham's 
Mr. Emmons' 
W. N. Seymour's 
National Hotel 
L;ike House ... 
National Hotel 
Mrs. Brigham's 
Madison Hotel .. .
David Holt's 
Mr. Ogden's 
Mrs. S hackle ford ""s 
W, N, Seymour's 
American Hotel  ,,
American Hotel 
National Hotel . ....

Professio.v.

Lawyer. Lawyer. Farmer.
Geologist. Farmer.Farmer.
Constitution maker.
Lawyer.
Lawyer. Fa rmer.
Miller. Farmer,Farmer.Farmer.
Lawyer.Lawyer.Lawyer. Farmer.
Mi ler.
Lawyer, Fanner.Farmer.
Farmer. Farmer.
Phy.-ician.Lawyer. Merchant,
Cat pen ter.
Merchant. Farmer.Farmer.
Farmer.Phys.cian. Lumberman,
Civil Engineer.
Editor.Farmer.

Lakin, George W 
Larkin, Charles H 
Larrabee, Charles H 
Latham, Hollis 
Lewis, James T 
Lovell, Frederick S 
Lyman, Samuel W 
Martiii, Morgan L. (President).
McClelhn, Samuel R 
McDowell, William 
"Mulford, Kzra 
Nichols, Charles M 
O'Connor, John 
Pentony, Patrick 
Prentiss, Theodore 
Ramsey, Alex.^nder D 
Reymert, James D 
Reed, Harrison 
Richardion, William 
Root, Eleazer 
Rountree, John H.... .. ....
Sanders. H. T  .-.,
Scagel , George 
Schceffler, Moritz  ,
Secor, Theodore  ,
Steadman, Silas  ,
Turner, Harvey G 
Vanderpool, Abram .....,.,.,
Ward, Joseph  ,
Wheeler, William A  ,
Whiton, EdwarJ V 
Warden, Allen 

Grant 
Milwaukee .-
Dodge 
Walworth. 
Columbia 
Racine ...
Dodge 
Brown 
Racine 
Green 
V.'alworth . ....
Dane 
La Fayette . . .
Washington . ..
Jefferson 
Grant 
Racine 
Marquette, etc
Grant 
Waukesha. ...
Grant 
Racine 
Waukesha 
Milwaukee ...
Racine 
Shebjygan ...
W.ishii-gton . .
Jefferson . ...
Iowa 
Dane 
Rock 
La Fayette. ..

Platteville 
Milwaukee 
Horicon 
Elkhorn 
Columbus 
Southport 
Hiistis' Ford 
Green Bay 
Lakevilie 
Monroe 
Walworth 
Cottage Grove 
Shullsburg 
Mequon 
Watertown 
Casville 
Norway 
Neenah 
Jamestown 
Waukesha 
Platteville 
Racine 
New Berlin 
Milwaukee 
Mount Pleasant ..
Sheboyan Falls . . .
Grafton 
Waterloo 
DodgeviHe 
Verona 
Janesville 
Wiota 

Maine 
Connect'cut 
New York 
Vermont 
New York  ,
Vermont 
Massachusetts 
New York 
Massachusetts 
Virginia  " 
New York 
New York  ,
Pennsylvania 
Ireland 
Vermont 
Kentucky  ,
Norway 
Massachusetts 
Ohio 
New York 
Kentucky 
NewYork  ,
Vermcnt 
Bavaria 
New York 
Massachusetts 
New York 
New York 
New York 
Connecticut 
Massachusetts 
New York ....

303728552833SO
42414243
47 333528
442634
40454227
4934326325
4143 33
42 26

American Hotel . .
American Hotel ..
A. L. Collins' . ...
National Hotel -
Madison Hotel
An-erican Hotel . .
P. H. Van Bergen
Ainerican Hotel ..
David Holt's... .
American Hotel . .
Mrs. Shackleford's
W. N, Seymour's.,
American Hotel ..
Madison Hotel
Mrs. Shackleford's
W, N. Seymour's.,
Mr.^;. Shackleford's,
David Holt's 
W. N. Seymour's..
American Hotel ...
American Hotel ..
Mrs. Shackleford's.
Madison Hotel ...
David Holt's 
Seth Van Bergen's.
American Hotel . ..
David Holt's 
Mr. Ogden's 
Mr. Ogden's 
W. N, Seymour's..
M-rs. Brigh.im's.-..
National Hotel - . .

Lawyer.Farmer.Ijawyer.Farmer.Lawyer.Lawyer.Farmer.
Lawyer.Physician & farmer.
Farmer.
Physician & farmer.
Farmer.
Merchant.
Farmer. Lawyer.Farmer.
Editor.
Farmer.Farmer.
Lawyer. Farmer.
Lawyer.Farmer.Printer
Farmer. Farmer.Lawyer.Farmer.
Merchant. Farmer.
Lawyer. Merchant.

mH
O
w
mO*T|K
oo>:
<
HO
1^

COCkJ

OFFICERS OF THE CONVENTION.

McHugh, Thomas, Secretary .
Ream, R. L , Asst. Secretary.
Hugunin, E. R., Serg.-^t-Arm=
Randall, D., Doorkeeper 
Mott, Wm. M., Fireman

Bishop, M. I ,,
Tipple, H. P^ss^"g«-s-

Walworth ...
Dane  ,
Racine 
Fonddu Lac,
Jeff-iraon . .,
Iowa  ,
Dane . .

.Delavan ....
Madison  .
Southport . . .
Fond du Lac
Palmyra .. ..
DodgeviHe .
Rutland 

Ireland 
PennsylvaniaNew York. . .
New York. .
New York. ..
England .. . .
New York, . .

Madison Hotel ..
At home 
Mrs, Shackleford's
Mr. Ogden's 
Lake House  ,
IMadison Hotel ...
W. N- Seymour's.

Lawyer.
Clerk.Farmer.
Printer. ,
Farmer.Miner.Farmer.

CENSUS TABLE,
Embracing every census of Wisconsin by counties that has been taken either under the authority of the United States, the
territory, or the state.

to
4>-

Counties.

1836.

1838.

1840

184a.

1846.

1847.

1850.

1855.

1860.

1865.

1870.

1875.

1880.

Adams 
Ashland 
Barron  
Bayfield 

"s,"™

'¦¦3,049

'¦'2,'iOT " "275
"i^soa 34 67
" "139
3,926 933
'"siWB
 914

"a,i46
""-'407" 1,449 776149
 295
l!,9371,594
'"5,629"¦i,'638

'"2;663 "¦'ss'i
"'i,'9S6 1,441
8,2897,787
3,' 54:
12,034 4,758
14^906
"'8,'680

"2,914'i,'6E0
" 3', 791
1,409
10,9.i514,906
'"7;459 11,720 6,487
¦"7;96.3 'il^M
¦'9,33-. 3B7

187
'¦¦6,^2i5"¦i;743 015
"¦gif^ei 2,498
16,639
IU, 138
"iilsio 16,198 8,666
'"9^623 'is, 317
'iolrsi"ii'rai

6,868
""eleiig 832
"3;63! 838 2 2
17,96) 3,3i3
37,71434, S40
73U385
1,796
'24^784 23,170 14,827
' 'i5;265 1,098
2B,S69
"12,' 307
l,lii9
3,904
16,064

6,492 515 13
353
11,795 3,861 12
7,6951,895 789
24,411 8,U68
4:^,92242,818 2,948 812
2,704
3, 162
34,16431,189 19,80812,6fi318,967 4,170
30,438 8,7T0
13,900 6,530
12, U6
18,134

5,698 258
 259
15 282
6,776 171
8,638
- 3,278 l.Oil
26, 112
ll.ull50, 1'.ia
46.841 3,0i)8 632
B.1705,281
42.02933 618
20,646 12,598
20,8ri7 5,631
30,597 10,01312,176 7,039
14,^34
20,358

6,601 221 638
344
25,168 11,123 711(1
12,335 8,3113,45'l
28,80213,015 63,098
47,035 4,9191,1329,488
10,769
48,273 37,97923,611 13,195
24,644 7,b87
34,0.iU 12,39b
13,177 10,281
20,2i,522,867

8,f02 750
3,7371,032
35,37314,219 1,456
15,065 13,995 7,282
28,803 15,035
52,79848,394 8,020 741
13,42715,99150,241
39,086 23,027 15,27424,18311,33931,903 15,300
13,907 14,40)
23 945
22,lo9
 8M

6,809 1,5497,150 618
34,015 15,7 4
3,143
16,64115,98710,715
28,290 15,688
53 3.)2

Bnfifalo 

 850 172 18
'¦'a,^763 494

Chippewa 
Clark 
Columbia 

"i;220

45,809 11,175 Cot
16,^8-.19.618
46,8(1 37,49521,040 14,2u92:3,1)75 13,2il29,615 17, 129
13,7gS
27^ 139
21.642
""'h',im
Door 
Douglas 
Dunn 
Eau Claire 
Fond du Lac 
Towa 
3,2i8
5,234
'¦¦'46S
Jackson 
Jefferson 
Kenosha 
Kewaunee 
La Crosse 
La Pointe 
Lincoln 

nwinam O
mOOen
MO§
V, I— I
235

263
"59
9,565
 646
'"6,318 "'2,' 807
'"393
 221
'iieis 965
 i43

629
 989
16,925
 931
"i7;983 ' 12,405 1,4191,003
'"l,637 "i3.'439 7,473
13,793
 733

1,285
""3^261 22,791
"1,564 "19,' 539
"i4,'729 1,8 4
2,178
'"5,'5e6 "i.5;639 15,44715,81.6
" '2^747

3,'i'02 489
 608
31,077
"'i,'256 ¦'14; 973C63
20,750 624
4,371
"b,'3i6
"i7,'862 19,48319,258
"i6,'i67

13,018 447
""i,'437 46,265 2 40T
1,501
4,914
12,973
""i',720 547
5,151
"26',fi73 .5,584
31,384 2,040
13,814 2:i4
20,301
 493
4,823
22, 662
18,897
24,012 4,4375,541
17,439

22.416 2,893
¦"8,233 62,518 8,4103,692 9,587
15,662 2,. 393
, 4,872 1,4C0
7,507
' '21 ',m
9.732
36,690 6,392
18,963 829
26,875
¦"3,'669 11,007
26,498 23,622
36,831 8 861
8.770
23,770 2,4.5

26,782 3,878
"7,'.327 72,32011,653 4,858
]1,P52 14,682 3,0028.324 1,077
8,145
' ¦23',884 12,188
36,033 7 255
20,1.54 1,369
37,671 '5',iB9
13,644
55.77324.01927,029 11,208 9.0112
29, 767
2,965

33,369 5,685
¦¦¦'8',637 89,93616,652 8,322
18,440 16,579 4,659
10,003 3,422
10,640
¦'¦26.742 15,73639.03011,039 23,81,8 3,165
31,773
"'i6!728 18,67325,992 23,905
28,258 16,.53311 319
37,325 3,911

38,45610,111
""P,597 122,927 21 ,028
13,812
25,553 18. 545
5,818
15,101 6,736
14,656
'"28,703 17, .353
39. 039
14,938
26.932 6,635
31,021 849
14,89231,f2436,25923,86211 623
19,64629,425
45,033 6,048

37,356

Marathon 

17,126 8,911
18
5,603
" i',623
'"3'475 ¦"i',76i  102
 133
"2'6ii 343
 135
8,990
2,893
3,131
138,7i.6
Monroe 
Oconto 
Outasamie 
Ozaukee 
Pepin 
Pierce 
Polk 
21.483 9,877
28,675 15,603 6, 188
17,685
10.09517,801
Price 
"'2,' 054
800
30,9:3
18. 180
Kock . ...
38, 8(36
St. Croix 
gaujj 
18 838
28,:01
Shawano 

10,173
34,221
Taylor 
2,459
17,201
23,0,57
1,010 64
26. Its
23,432
Waukesha 
Waupaca 
Waushara 

28,98620,8 6
12, 687
43,041
Wood 
9,024
Total 
11,683
18, 139
30,945
44,478
155,277
210,546
305,391
552,109
775,881
868,325
1,054,670
1,236,729
1,313,484
oHSi
O
o
o
a«!oo
d
Note —In 1830, the population of Wisconsin Territory was 3,346, and there were but two counties. Brown and Crawford. The census of 1880
is in advance of official publication, but it has been obtained from reliable sources, and is believed to be substantially correct.
376 THE EARLY HISTORY OF WISCONSIN.

THE EARLY HISTORY OF WISCONSIN.

The following address was delivered before the ¦Wiscon
sin Pioneer Association and the surviving members of the
Constitutional Conventions of 1846 and 1847-8, at Madi
son, July 16, 1879, by the late Hon. George B. Smith, a
member of the first convention:
Wisconsin has had an eventful history. It is claimed that as early as
1634, only fourteen years later than the landing of the Pilgrims on
Plymouth Rock, and long before the settlement of "SVilliam Penn at
Philadelphia, John Nicolet, a daring Frenchman, had visited what is
now Green Bay, with a view to smoke the pipe of peace with the Win-
nebagoes. It is certain that as early as 1665, the Jesuit missionaries
commenced at La Pointe, on Lake Superior, their work of Christianizing
the Indians. It is also certain that, in 1669, their missionary labors be
gan in the vicinity of Green Bay. Wisconsin was also the great highway
over which the first explorers passed, in search of the Mississippi river
and the unknown sea. In the year 1673, Louis Joliet, with Father
Marquette, passed up the Fox river from Green Bay, and down the
Wisconsin river, in search of the Father of Waters. On the 17th of June
of that year, they discovered it, at the mouth Of the Wisconsin river,
near where now stands Prairie du Chien.
These men, especially Father Marquette, and others came to this
wild and lonely region mainly to bring reli,gion and civilization to the
Indians; incidentally they came on a voyage of discovery. There was
another, and in many respfects a greater than these, wr ho came to explore
in the interest of conquest and commerce. I refer to La Salle, who,
as early as 1680, with his little party and his faithful and famous friend,
ToNTY, discovered the Mississippi river still further south, in what was
then called the Illinois country, now the state of Illinois. Afterwards,
he followed the river to the Gulf of Mexico. This man of wonderful
enterprise, wondrous foresight and iron energy, even then dreamed that
the valley of the Mississippi might, in his time, become what it is now —
the garden and glory of the world. Still later, and all the way down to
the time when it was finally owned and occupied by the United States, ¦
Wisconsin continued to have a remarkable and eventful history, until it

THE EARLY HISTORY OF WISCONSIN. 377
was finally organized into a separate territory in 1836, when the people
then. here were invested with the great American boon of self-govern
ment. From 1671 to 1763, a period of ninety-two years, Wisconsin was under
the government of France; from 1763 to 1796, a period of thirty-three
years, it was governed by Great Britain, although the latter, in 17S3, had
ceded her claim to the United States. From 1796 to 1800, it was under
the government of the United States as part of the territory northwest
of the river Ohio; for nine years, from 1800 to 1809, it was under the
territorial government of Indiana; from 1809 to 1818, it was governed
by the territory of Illinois, and from 1818 to 1836, it was under the ter
ritorial government of Michigan. Thus it will be seen that for a period
of one hundred and sixty-five years, the territory which now comprises
this magnificent state was the mere foot-ball of nations, states and
territories. Since Wisconsin came under the government of Illinois territory, it
has had a somewhat curious, as it had before a remarkable, history. In
the year 1784, on the first of March of that year, and in less than one
hundred days after the evacuation of this country by the British army,
Thomas Jefferson reported to the continental congress, with the con
currence of his committee (a majority being from the southern states),
his celebrated ordinance for the government of all the territory ceded or
to be ceded by individual states to the United States, . . . section
five of which provided : " That after the year 1800 of the Christian era,
there should be neither slavery nor involuntary servitude in any of the
said states, otherwise than in the punishment of crimes, whereof the
party shall "have been duly convicted to have been personally guilty."
. . . Sixteen members voted for and seven against this ordinance, on
a test vote, but the requisite majority of states not voting for the ordi
nance, it failed. It will be observed that this proposed ordinance em
braced all of the states thereafter forever to be admitted into what was
then denominated the confederacy. Afterwards, on the 13th of July,
17S7, two months before the adoption of the constitution, and something
like a year before its ratification by nine states (the requisite number to
make it the constitution of the United States), that celebrated ordinance
" for the government of the territory of the United States northwest of
the river Ohio," introduced by Nathan Dane, of Massachusetts, was
passed by the continental congress. Article six of this ordinance is in
substance exacfSy like article five in the one introduced by Mr. Jeffer
son, which I have already quoted, with a proviso in relation to persons
owing service who should escape from any of the original states. By
this ordinance, all officers of the territories had to be appointed by con
gress. After the adoption of the constitution of the United States, and
on the 17th of August, 1789, congress amended this ordinance by pro
viding that all such officers should be appointed by the president of the

378 the early history of Wisconsin.
United States; in all other respects the ordinance of 1787 stood as the
organic and paramount law for the government of the territory of the
United States northwest of the river Ohio.
This ordinance of 1787, so familiar to all of the early settlers of Wis
consin, was the great charter of our rights and the limit of our powers,
as it had been for all the territories which had, before that time, been
admitted into the Union out of the northwest territory, or of the territory
northwest of the river Ohio. Except the constitution of the United
States, this ordinance was unquestionably the grandest and most perfect
written charter for the protection of the rights and liberties of a people;
that had ever been devised. In some respects it was more explicit and
more perfect than the constitution itself In view of subsequent events,
it is instructive to observe the wisdom and forethought of the following
provision of this ordinance: "Article 4. The said territory and the
states which may be formed therein shall forever remain a part of the
confederacy of the United States of America, subject to the articles of
confederation and such alterations therein as shall be constitutionally
made, and to all the acts and ordinances of the United States in congress
assembled conformable thereto." If this or a like expression had been
inserted into the constitution of the United States, we should never
have heard of the right of constitutional and legal secession. Such a
doctrine could never have found advocates or followers, and it may be,
nay, it is almost certain, that it would have saved the people of this
country from that cruel and awful war, with all its terrible consequences.
Which must abide with our people for generations to come, possibly
forever. It is indisputable that many of the American statesmen, north and
south, did believe in the right of secession, and the question was con
siderably discussed even at an early day; finally, and unhappily, too,
many were willing to peril all in support of this opinion. Had this
plain and emphatic declaration been adopted, "all the states that adopt
and accept this constitution, shall forever remain a part of the United
Slates subject to this constitution," none would have been found bold
enough and bad enough to propose the dissolution and destruction of the
Union; for that would have been treason without a parallel, and without
even the poor excuse of an honest conviction.
But I have wandered somewhat from my subject, and from the plan
of this address. I now return, hoping that my digression may not, after
all, be unprofitable. The ordinance of 1787, article five, provided that
there should be formed in the said territory not less than three nor more
than five states, . . . with this proviso: "That if congress shall
hereafter find it expedient, they shall have authority to form one or two
states in that part of said territory which lies north of an east and west
line drawn through the southerly bend or extreme of Lake Michigan."
Thus, the north line of the territory of Illinois, and the south boundary

THE EARLY HISTORY OF WISCONSIN. 379
of Michigan, and what is now Wisconsin, was fixed on a line " drawn
through the southerly bend or extreme of Lake Michigan." By the ex
press terms of the ordinance, it was "forever to remain unalterable, un
less by common consent." Such continued to be the north line of the
territory of Illinois until 1818, when that territory applied for admission
into the Union. She had formed a state constitution, and applied to con
gress for admission into the Union on an equal footing with the original
states. Neither the legislature of the territory of Illinois, nor the con
vention that framed the constitution, had suggested any change in the
bou'adaries of the state. The original bill, introduced into congress by
Judge PckPE, the delegate from Illinois, did not provide for any change
of boundary; but, while the bill was pending. Judge Pope, sol.ely on his
own responsibility, proposed an amendment to it as follows : " By strik
ing out the lines defining the boundaries of the new state, and inserting
the following: ' Beginning at the mouth of the Wabash river; thence
up the same, and with the line of Indiana to the northwest corner of said
state to the middle of Lake Michigan ; thence north along the middle of
said lake to north latitude forty-twa degrees, thirty minutes ; thence west
to the middle of the Mississippi river, to- its confiuence with the Ohio
river; and thence up the latter river along the northwestern shore to the
beginning.' " This amendment was adopted without division and without
opposition, and then the mischief was dor^e. (See second volume Annals
of Congress for the year 1818, page 1677.)^
Congress, in thus establishing the boundaries of that state, extended its
north line nearly sixty miles north of the line established by the ordi
nance of 17S7, and this was done without the consent of the inhabitants
then resident within what afterwards became Wisconsin ; indeed, it was
done at a time when there were but few here t^ object, and it was done
in such haste that these few had no opportunity to object. The part
thus taken from what would otherwise have been a part of the present
Wisconsin, embraces the fourteen northern counties of Illinois, the rich
est and most popular part of that state, including, of course, the city of
Chicago. The ordinance of 1787, although made unalterable, was changed in
this particular, but time and circumstance have sanctioned the change,
and it is now, indeed, unalterable. Gov. James D. Doty, who was
always mindful of the honor and interests of Wisconsin, did, as soon as
he had an opportunity to do so, manfully and ably protest against this
manifest injustice and wrong. In the first Constitutional Convention for
this state Gov. Doty brought this subject to the attention of the conven
tion in a very able report, reviewing all the circiimstances connected with
it and finally proposed that the whole subject be referred to the supreme
court of the United States for a final adjudication and adjustment (Sec
his report, and also a very able and interesting report on the same sub-

380 JHE EARLY HISTORY OF WISCONSIN.
ject made by the Hon. D. A. J. Upham to the territorial legislature;
journal of first Constitutional Convention, from page 136 to 146.)
I have referred to this subject solely for the purpose of calling your
attention to the circumstances and the reasons which induced this change
of boundary. It was done sixty-one years ago, and only thirty -one years
after the adoption of the constitution of the United States, at a period
when, now, it would hardly be thought that there was any threatened
danger of a dissolution of the Union ; and yet we see that the solemn
compact of the ordinance of 1787 was disregarded, and what is more,
Wisconsin deprived of a very important and immensely valuable part
of its territory, in order that Illinois, just then to be admitted as a state,
might be more firmly bound to the Union by identifying her, through
the great lakes, with the " Eastern .States and Northern Interests."
Wisconsin was thus early sacrificed and dismembered in the interests of
the Union and of peace.
Now for the reasons assigned. Mr. Pope said, in support of his amend
ment (see same page, 1677) : " The object of this amendment was to gain
for the proposed state a coast on Lake Michigan. This would afford
additional security to the perpetuity of the Union, inasmuch as the states
would thereby be connected with the states of Indiana, Ohio, Pennsyl
vania and New York, through the lakes." . . . This is but a meagre
report of what was said by Judge Pope in advocating his amendment,
but the point is plainly brought out in the little we have here reported.
Gov. Ford, in his admirable history of Illinois, in speaking of the subject,
says at page twenty-two : " But there were other and more weighty rea
sons for the change of this boundary, which were ably and successfully
urged by Judge Pope upon the attention of congress. It was known,
he said, that in all confederate republics there was danger of dissolution.
The great valley olthe Mississippi wag filling up with a numerous people ;
the original confederacy had already advanced westward a thousand
miles across the chain of mountains skirting the Atlantic; the adjoining
states in the western country were watered by rivers running from every
point of the compass, converging to a focus at the confluence of the Ohio
and Mississippi, at Cairo. The waters of the Ohio, Cumberland and
Tennessee rivers carried much of the commerce of Alabama and Ten
nessee, all of Kentucky, a considerable portion of that of Virginia, Penn
sylvania and New York, and the greater portion of the commerce of
Ohio and Indiana, dovyn by the point at Cairo (situate in the extreme
south of Illinois), where it would be met by the commerce to and from
the lower Mississippi, with all the states and territories to be formed in
the immense country on the Missouri, and extending to the head waters
of the Mississippi. Illinois, he said, had a coast of one hundred and fifty
miles on the Ohio river, and nearly as much on the Wabash ; the Mis
sissippi was its western boundary for the whole length of the state; the
commerce of all the western country was to pass by its shores, and would

THE EARLY HISTORY OF WISCONSIN. 38 1
necessarily come to a focus at the mouth of the Ohio at a point within
the state and within the control of Illinois, if, the Union being dissolved,
she should see proper to control it." Mr. Ford says: " It was foreseen
that none of the great states in the west could venture to aid in dissolv
ing the Union, without cultivating a state situated in such a central and
commanding position." Again, he says : " Illinois was certain to be a
great state with any boundijries which the government could give. Its
great extent of territory, its unrivaled fertility of soil, . . . together
with its cominanding position, would in course of time give the new
state a very controlling influence with her sister states upon the western
rivers, either in sustaining the Federal Union as it is, or in dissolving it
and establishing new governments. If left entirely upon the waters of
the great rivers, it was plain that in case of threatened disruption, the'
interest of the new state would be to join a southern and western con
federacy. But if a large portion of it could be made dependent upon
the commerce and navigation of the great northern lakes, connected as
they were with the eastern states, a rival interest would be created to
check the wish for a western and southern confederacy." "It there
upon," he says, " became the duty of the national government not only
to make Illinois strong, but to raise an interest inclining and binding her
to the eastern and northern portions of the Union." (See, also, David
son & Stuve's History of Illinois, from 1673 to 1873, pages 295 and 296
We have it here plainly avowed that Illinois ran so far into the south,
and was so situated on the great rivers running in that direction, that
something must be done to " balance her interest and incline her to the
north." For this reason and for this purpose, the congress of the United
States, in utter disregard of the solemn compact of the ordinance of 1787,
gave to Illinois a port on Lake Michigan and a large strip of splendid
territory which justly belongs to Wisconsin, and thus, it may be said,
she was saved to the north and to the Union. It may be that this coun
try has been benefited and prospered by this act of bad faith, not to say
robbery. If so, Wisconsin has made the sacrifice, and she is fairly
entitled to the honor of all the good that followed the act.
What Wisconsin would have been to-day, had her original boundary
remained, is a question not profitable now to speculate upon, as it is by
no means pleasant to reflect on. But this is not all. Wisconsin was des
tined to suffer and sacrifice still more in the interest of peace, if not in
the interest of the Union. After Michigan anS Ohio had quarreled and
fairly come to blows over their boundaries, the matter was finally settled
and the parties appeased, if not satisfied, by congress giving to Michigan,
as a compensation in part for the strip of her territory given to Ohio, that
portion of country on Lake Superior between the straits of Mackinaw-
and Montreal river, directly north of us, and which by every considera
tion justly belongs to the state of Wisconsin. It has no connection what
ever with that state; and the inhabitants of that section, especially in

382 THE EARLY HIS-TORY OF WISCONSIN.
winter, have no other way to reach their capital except to pass through
the states of Wisconsin, Illinois and Indiana; — but the interest of peace
required that Wisconsin should be again sacrificed ; it was sacrificed, and
we have submitted.
Again, when the Webster treaty was made in 1842 with Great Britain,
more of our territory lying on the extreme north was taken from us
and given to England in the interest of peace, and again we submitted
without a murmur.
Notwithstanding we have been cut and carved at both extremities,
north and south, we still have a territory twice as large as the great state
of New York, rich beyond all calculations in everything that con
spires and combines to make a -prosperous and luxurious abiding place
for man.
In the year 1783, settlements first began at Prairie du Chien, Wiscon
sin, and afterwards, perhaps as early as 1800 or 1805, some few settle
ments were made in the southwestern part of the state, by persons
attracted by the lead mines of that section.
In 1820, Lewis Cass, then governor of Michigan, to which Wisconsin
was attached, came to Wisconsin with a distinguished party of gentle
men, among whoin was Henry R. Schoolcraft, who published in
1821 a " narrative journal," replete with valuable information relative to
this country. Wisconsin, we learn from this journal, was then little
more than the abode of a few Indian traders scattered here and there
throughout the territory.
This expedition and this " narrative journal " brought this country
somewhat into notice. Of this expedition, James D. Doty was secre
tary ; and from that time to the time of his death, in Utah territory, of
which he was at the time governor, he was identified with every period
and every page of our history. Indeed, a full and faithful life of James
D. Doty would be a history of Wisconsin from 1830 to 1869.
But it is said that the Sauk or Black Hawk war of 1832 did more than
anything else to turn the attention of emigrants and others to this coun
try. It brought it into general notice throughout the whole United States
and abroad. From this time it began to settle rapidlj', so that in 1836
enough people from the states settled here to justify its organization into
a territorial government, which was done by act of congress, approved
April 20, 1836. On the third of July following, the people then in Wis
consin commenced to govern themselves. It is curious to observe how
easily and effectually the people here were invested with governraental
power, which was to abide with them and their successors forever, unless
they should voluntarily give up the right of self-government. Section
twelve of the act of congress organizing the territory provided as fol
lows : " That the inhabitants of said territory shall be entitled to and
enjoy, all and singular, the tights, privileges and advantages granted and
secured to the people of the territory of the United States, northwest of

THE EARLY HISTORY OF WISCONSIN. 383
the river Ohio, by the articles of the compact contained in the ordinance
for the government of the said territory, passed on the 13th day of July,
1787, . . . and the existing laws of the territory of Michigan shall
be extended over said territory, . . . to be altered, modified or re
pealed by the governor and legislature of said territory of Wisconsin.
. . . And further, the laws of the United States are hereby extended
over and shall be in force in said territory, so far as the same or any pro
vision thereof shall be applicable."
Under this act, the people of Wisconsin were invested with the power
of ?elf-government, and now it was that they set up for themselves.
From that day to this, they and we have been responsible for what has
been done. I come now to speak especially to those of our fathers who
organized the government and who made a state.
From 1836 to 1848, when Wisconsin was admitted into the Union as
one of the states, entitled to all the privileges of the original states under
the constitution, a body of laws had been framed and a system of gov
ernment adopted, so wise, so liberal, and so just to every class and every
interest, that there was little left for the state to do but to adopt and fit
the laws and the system to the changed condition of affairs. It is sad to
reflect that by far the greater number of those to whom we are indebted
for the priceless blessing of a good beginning have passed away. It is
pleasant, however, to contemplate that these men live and will always
live in the grateful meinories of the whole people of this great and
growing commonwealth.
Some few of them, however, are still here, and yet fewer are with us
to-day. It ought to be, and it will be, I am sure, gratifying to them to
know that we appreciate what they have done for the state and for the
people of the state, in thus early organizing and establishing a system of
equal and just laws — laws which have endured so long, and are likely to
endure forever. All honor to the living and the dead who gave and
secured to us this wonderful ibundation for our prosperity and success.
Wisconsin was especially fortunate in the appointment of its first ter
ritorial officers, and especially in the appointment of Henry Dodge as
its first governor; too many of the officers of territories have been men
from other states, appointed to administer the affairs of a people they
did not know, and to govern where they had no interest, and iittle
knowledge of the capacity and resources of the country, and the wants
and wishes of the people. This was not the case in Wisconsin. Gov.
Dodge was at the time of his appointment, and had been for a long
time, a resident of Wisconsin, identified with the territory and its people.
He was a man who had won honorable fame in the service of his
country, and he fairly represented every interest in the new territory.
It was therefore eminently fit that he should be its first governor. Fol
lowing him in the changing phases of poHtics came James D. Doty as
governor. He, too, had been distinguished as a judge and a citizen ; and

384 '^HE EARLY HISTORY OF WISCONSIN.
he, too, was and had been, from still an earlier day, identified with Wis
consin. His interests, like those of Gov. Dodge, were here in Wiscon
sin, and nowhere else. The same might be said of most of the other
territorial officers; but the governor was the leading officer, who,
together with the people with whom and whose interests he was iden
tified, gave form and shape to all things. To this may fairly be attributed
the early prosperity and permanent welfare of Wisconsin. ¦ N. P. Tal-
mage, of New York, was governor of the territory from June 21, 1844,
to April 8, 1845; with the exception of this short period. Dodge and
Doty held the office during the entire period of territorial go', ernment.
First, Gov. Dodge held the office from April 30, 1836, to September 30,
1841; Gov. Doty, from September 30, 1841, to June 21, 1844; N. P.
Talmage, from June 21, 1844, t° ^P"' ^' '^45! ^°^- Dodge again from
that time until the state was admitted into the Union in 1848, May 29.
Again, the people who came here, came to make it their home, and
few who came ever went away. Therefore, when they were called upon
to act in public capacities, to make and administer the laws, they made
laws for themselves, and in administering them, they did "unto others
as they would have others do unto them." In short, Wisconsin was
then, as it is now, one great family of good fellowship. It could not
have been so if bad or unwise men had been here in the beginning, and
it will take a good many bad men a good while to change its character
in this respect. Rich as Wisconsin is in climate and fertility of soil, in
rivers, lakes and resources of every description, it is still richer in the
volume and body of its laws, and in the intelligence, enterprise and
character of its population. It has been here, as it has ever been every
where among men who have founded a nation or a state, some among
them have attained an enduring fame; a faine equal to if not surpassing
any who come after them. It would be a real pleasure to mention some
of the many men of the territory of Wisconsin who contributed to make
it what we have faintly described it. All of thein could not be mentioned
within the limits of this address, and when all are so deserving, it would
be invidious to mention a few.
I have thus far named but two, Henry Dodge and James D. Doty.
I have mentioned them because they occupied commanding positions,
where they were necessarily identified with every interest, and in this
sense they were the two great leaders of the whole. There was rivalry
between these two remarkable men, and to each was attached a large
following of friends, each vieing with the other to see who could best
advance the interests of the young and growing territory.
There was enough for them all to do. It is impossible for us now
rightly to appreciate what these early settlers had to do. The wonder is
that they did so much, and did it so well, in so short a time. In some
respects, however, Wisconsin was more fortunately circumstanced than
any of the other new territories, or, indeed, of the older states. The

THE EARLY HISTORY OF WISCONSIN. 385
character of the country was favorable to rapid settlement and quick
development. The Sauk or Black Hawk war, which we have seen gave
a quickening stimulus to settlement of this territory, had subdued the
Indians into a sort of respect for the rights of white men ; for this and
other reasons, the early settlers were exempt from the fears and dangers
which had so retarded the early settlements elsewhere. There was but
¦ little danger apprehended, and no acts of savage violence to speak of
suffered by the early settler. They were ordinarily safe to settle in any
section of the territory, so that at an early day every section of the
country was to some extent occupied; means of communication had at
once to be provided, roads were to be made, and, what was far more
difficult and expensive, bridges were to be built over the numerous
streams, large and small, that thread our state in every direction. Yet
all this was done; it was done well and done quickly. The foundation
was very early laid for all of the public institutions necessary and inci
dent to a well-ordered government.
The country settled rapidly with emigrants from the states and from
the old world, so that within a period of ten years from the organization
of the territory, it had the requisite population to entitle it to be admitted
as a state into the Union.
Under the territorial system of governinent, the people were in some
sense subordinated to the congress of the United States. Although their
career had been one of unparalleled success, it is indisputable that by
this time they had become restive and uneasy under the seeming vassal
age of the situation, so that everybody expressed the wish to form for
themselves a constitution and be admitted into the Union as an inde--
pendent state, or, as we expressed it at that time, a " sovereign, inde
pendent state."
The legislature, therefore, heeding this general public sentiment,
passed a law on the 31st of January, 1846, providing for a convention,
and for the election of delegates to form a constitution. Delegates
were elected, and on the 5th day of October of the same year they
assembled at the capitol in Madison, and proceeded at once to the dis
charge of that duty. This brings us to a very remarkable period in the
history of Wisconsin, and I confess that I feel utterly incompetent to deal
properly with the subject at this point. It is proper to say, however,
that this convention of 1846 was composed of some of the oldest settlers
of the territory, and some of the ablest men that have ever taken part
in the public affairs of Wisconsin. Some of them had been greatly and
justly distinguished for their devotion to the interests of the territory,
and many of the same men have been no less distinguished since then for
their services and devotion to the welfare of the state ; and I may properly
add that the wisdom of the people of that time in making choice of the
delegates to this convention, has since been fully justified by the confi-
25

3S6 THE EARLY HISTORY OF WISCONSIN.'
dence that has been continued to them by the people of the state down
to this day. It would not be appropriate to the occasion, and if it was
so, time would not permit me even briefly to allude to the subsequent
history of these men. This duty has been ably performed by the secre
taries of this convention, David Atwood and Horace A. Tenney,
who were both reporters in the convention of 1846, and also in the con
vention of 1847-8, which framed the constitution that was finally ratified
by the people; our present constitution under which Wisconsin was
.admitted into the Union. Their report, which will always be a valuable
contribution to the history of Wisconsin, embraces a brief biographical
sketch of each member of both conventions. Some have been members
of congress, one a cabinet officer and minister abroad; one a justice of
the supreme court, and two (one of each convention) have been chief
justices of the state; several have held state offices, and many have been
members of the legislature. In many ways they have enjoyed the con
fidence and been honored by the people of the state. Many of our
associates who met with us on that bright October day, away back in
1S46, now nearly thirty-three years ago, and who labored with us through
the sixty-two days that we were engaged in trying to make a constitution
for the protection of the rights and liberties of the people of Wisconsin —
one that would meet the approval of those who had delegated us to per
form that duty — have passed to an honorable grave, and I am proud to
say that I do not know of one, either living or dead, of either convention,
who had dishonored the good name he deservedly won.
The constitution framed in 1S46 not being ratified, another convention
was provided for, which met at the capital on the 1.5th of December,
1847, and framed the present constitution, which was ratified by the
people. Before alluding to the present constitution, or more especially
to the convention that framed it, it will be proper that I should briefly
refer to the causes and to the arguments that led to the defeat of the one
framed in 1S46.* After this lapse of time, and in view of the action of

* Tbe editors of this book take occasion to state, that, as they understand them,
the objections mainly urged upon the people of Wisconsin to reject the flrst
constitution submitted for public approval, were essentially and substantially the
following: 1. The northwest boundary line. Article I. — This was drawn, subject to the
approval of congress, "from the flrst rapids of St. Louis river in a direct line
southerly to a point fifteen miles east of the easterly point of Lake St, Croix, and
thence south to the main channel of the Mississippi river, or Lake Pepin," Such a
boundary, if approved, would have given to Minnesota all the lower valley of the
lake and river St. Croix, and extended its south boundary line to Lake Pepin, cover
ing the area now embraced in sevei'al of our present finest counties.
2, Too large a legislature. Article V provided that the assembly should consist
of not less than sixty nor more than one hundred and twenty members, and the
senate a number not greater than one-third, nor less than one-fourth, the assembly.

THE EARLY HISTORY OF WISCONSIN. 387
the second Constitutional Convention, and of the subsequent legislation
of the state in reference to the matters forming the objections then urged
against the constitution, it would be exceedingly difficult to make the
people of this day understand why the first constitution was not ratified.
Several reasons were urged in argument before the people why it was
that the convention did not make a proper constitution, or, rather, why
they put into it the objectional provisions, which were stated to be:
(i) The article in relation to the rights of married women.
(2) The article on exemptions.
(3) The bank article.
(4) The number of representatives in the legislature.
(5) The elective judiciary.
The article on married women was as follows: "All property, real
and personal, of the wife, owned by her at the time of her marriage, and
also that acquired by her after marriage, by gift, devise, descent, or other
wise than from her husband, shall be her separate property."
The article on exemption was as follows : " Forty acres of land, . . .
or the homestead, not exceeding forty acres, . . . which shall not
exceed in value one thousand dollars, shall be exempt from execution or
forced sale."
The article on banks prohibited banks of issue.
The legislature should not consist of less than sixty members, nor
more than one hundred and twenty-five ; and it was provided that the
judiciary should be elective.
A distinguished opponent of the constitution said in a public speech at
that time, that " these features of the constitution are not only bad of
This was regarded as too large, as all experience had proved that such bodies never
cease enlarging their numbers until the authorized maximum is reached.
3. Salaries. Article IV. — These were fixed by the constitution for all state
officials, and thus made unalterable by the legislature. lb was held that public
policy demanded a more flexible system of compensation for public services, to
meet the possible wants of the future.
4. Judicial. Article VII, section 12, established a system denounced at the time
as one of "rotary courts." It provided that until the legislature otherwise deter
mined, " the circuit judges shall interchange chxuits, and hold courts in such man-
nei- that no judge of either of said circuits shall hold court in any one circuit for
more than one year in five consecutive years, except in case of vacancy, absence, or
of inability or disability of one of said judges." This provision gave ofi'ense to the
bar gener.ally, as well as to the public at large, and was warmly opposed.
5. Banks and banking. Article X. absolutely prohibited any bank of issue within
the state; or any corporation from doing any banking business; or any branch or
agency of any bank of the United States, or of any state or territory, under any
pretense or authority; and made it unlawful after the year 1847 to circulate any hank
note bill certificate, or other evidence of debt whatsoever, intended to circulate as
money, issued wiihout the state, of a denomination less than ten dollars, or after
the year 1849, of a less denomination than twenty dollars. The leglslanire at its first
session, and thereafter as occasion called for it, was required to enact adequate
penalties tor the punishment of all violations and evasions of this article. This

THE EARLY HISTORY OF WISCONSIN.
themselves, but they are still more objectionable when we reflect that
they will produce other laws still worse. They are seeds of evil which
will produce an hundred fold."
These and similar arguments finally resulted in rejecting the constitu
tion. The article on the rights of married women, the exemption article,
and the elective judiciary, were denounced in unmeasured terms as being
ruinous to the peace, prosperity and happiness of the people forever.
The next convention framed a constitution leaving the " rights of
married women " to be provided for by the legislature, and the legisla
ture, a few years afterwards, adopted into a law substantially that which
was provided for in the rejected constitution.
It also provided that the legislature should pass exemption laws of
real and personal property ; and soon after, the legislature made a liberal
exemption of personal property and exempted forty acres of land, the
provision was especially offensive to the commercial classes on the east side of the
territory. Interior settlers gener.ally, and western particularly, were almost unani
mously opposed to banks of issue in any form whatever. In these latter sections
the sole currency at the time was genuine hard money.
6. Bights of married women, and exemptions. Article XIV.— This article was
deemed out of place as a part of the constitution, even if proper in the form of
statutory enactment The limit of one thousand dollars to estates exempted, in a
community rapidly growing, with property daily appreciating in market value, it
was held by many, would defeat the real end in view, and op n a field for eni!less
litigation. In the form of law, under the present constitution, the people have for
thirty years sanctioned all proper rights of married women, and an exemption of
property much more liberal than the first constitution provided for.
7. Amendments and revision. Article XVIII, section 2, required the legislature
every tenth year after the constitution t ok effect, to submit to the peiplo at the
next annual election, whether they were in favor of ciUing a convention to revise
the constitution or not; and if the vote was In the affirm at ve, then a convention
was to be called within six months after the next legislative session. This plan
was deemed cumbersome and unnecessary, the cost being greate; than any possible
gain from its adoption.
8. But the most fatal objection was one of omission. No special article was pro-
Tided upon corporations. The subject had been fully discussed, and a general
agreement reached, when the matter was referred to a committee, which failed to
report. The vital point involved is contained in the present constitution, a. tide
XI, section 1, in these words: " All general laws or special acts enacted undor the
provisions of this section (corporations), may be altered or repealed bj the legisla
ture at any time after their passage.''^ This power to alter or repeal every form
of charter that can be granted by the state, is by far the most important feature in
its organic law. It is a part of every charter, and gives to the legislature complete
legal control over every incorporated company. This right is now firmly settled
upon the solid basis of judicial decisions in both state" and United States supreme
courts. Comparatively lew comprehended the vast importance of this reservation
a generation ago. It is pr;>perly recognized now as the very bulwark of public
safety from the oppressive encroachments of monopoly. Its omisBion, either pur
posely or by oversight, from the first constitution, was a potent reason among the
more thoughtful, for voting to reject the whole instrument. A combination of all
those opposed to certain special features deemed objectionable, by each, was suffi
cient to insure its defeat at the polls.

THE EARLY HISTORY OF WISCONSIN. 389
homestead, or a quarter acre in a city or village, without reference to its
value, whereas in the rejected constitution, the value of such exemption
was limited to one thousand dollars.
It fixed the number of members of the legislature at not less than
fifty-two, nor more than one hundred — hardly difference enough to talk
about — and the judiciary was made elective as in the rejected constitu
tion. In respect to banks, that was so left that the subject of bank or no
bank might be submitted to the people. Thus we find in the second con
stitution, and in the legislation of the state soon after enacted, nearly
every feature which had made our work unpopular, and there it has
remained, the pride and glory of the state to this day. Although our
work was rejected, yet it was in a great degree the foundation and guide
for those who were subsequently charged with the duty of framing the
constitution which we now have.
The second Constitutional Convention assembled in Madison on the
15th day of December, 1847, and closed its labors on the ist day of Febru
ary, 1S48. The result of its labors was the present constitution. That it
was a good constitution is sufficiently attested by the fact that it has re-
iTiained the organic and paramount law of the state for now more than
thirty years, unchanged in any of its iinportant and essential features,
and we have seen that in many respects it is the exact counterpart of the
one that had been rejected; that the subsequent legislation of the state
. has in many respects even advanced in the direction in what was called
the radical, and for a time the most unpopular provisions of the rejected
constitution. This convention, like the first one, was composed of many of the
earliest settlers of the territory, and many of them were the very ablest
men in it. We have already noted that many of those, as well as those
in the first convention, have risen to honorable distinction in the service
of the state. After all, it was the work of these men of the second con
vention that was crowned with success, and thus they won the high and
honorable distinction of being the founders of a state.
This state, as we have seen, has had a varied fortune and a singular
historv, but ever since its organization into a territory in 1836, it has ad
vanced' in rapid strides with uninterrupted and unparalleled prosperity to
its present acknowledged high position among the states of the Union.
All of its duties to the general government in every emergency have been
honorably and faithfully performed. The rights of its citizens have
been scrupulously protected by a just and equitable system of laws, and
by a fair and able administration of justice.
The remarkable good fortune that has always attended our people, is
due in a great degree, I think, to the wisdom and singular unselfishness
of those earlier settlers of the territory, who laid the foundation of a
good government, broad and deep, upon which has been built within a
period of little more than forty years a great commonwealth, embracing

39° THE EARLY HISTORY OF WISCONSIN.
within its borders a million and a half of people as industrious, intelli
gent and prosperous as any people on the globe. It is no vain boast to
say that Wisconsin is as fair a land as the sun shines on. It embraces
within its limits every attribute and every facility as regards climate,
fertility of soil, and all that gees to make an independent and self-sus
taining people. It is an empire within itself Its geographical position
is unrivaled. On the north we have the great inland sea. Lake Supe
rior; on the east, along our whole border, we have Lake JMichigan,
second only to Lake Superior in extent; on our western bouri'daTy,
we have the wonderful Mississippi; and generally the interior of the
State is threaded with " a watery net- work of great utility;" many of
the streams are navigable for boats — more are navigable for logs and
lumber; and altogether they afford water power enough to run all the
machinery in the world. The state is dotted all over with clear and
beautiful lakes and with innumerable springs of healing waters, w,hich
already are attracting the afflicted from far and near. In many localities
the earth is literally teeming with the richest of ores, lead, iron and
copper, and our pineries are simply inexhaustible.
This is but a faint and feeble review of the great and wonderful nat
ural resources of Wisconsin. It now remains for me, in conclusion,
briefly to refer to what has been done to build upon and improve these
manifold and remarkable facilities. I have already said that the early
teri;itorial settlers began and carried on the work of improvement with
peculiar skill and industry ; that they established a system of laws
which were so admirably fitted to the wants and growing capacities of
the country as to need but little change when we became a state. Since
then the same wisdom, the same care for the welfare and prosperity of
the people, has in general marked the legislation of the state.
The state has no debt to speak of, and yet our charitable and penal in
stitutions will compare favorably with any in any of the states of the
Union, or with those of any country in the world, both in respect to the
convenience and splendor of their construction and the skill and learn
ing with which each institution is managed. A liberal school fund was
originally provided for by congress, and the state has added largely to
it, with which a system of education has been provided for the youth of
Wisconsin, fully equal to any in the world. Colleges, established bv dif
ferent religious denominations, have sprung up in different parts of the
state, which, together with the State University, are furnishing to the
young men and women of the state every facility' for a thorough and ac
complished education. The University of Wisconsin, supported as it is
by liberal and bountiful appropriations by the state, is fast becoming one
of the leading institutions of learning in the United States; and I know of
no reason why this institution may not in the near future be equal to any
institution of learning in the world. Under the liberal patronage of the
state, the sons and daughters of Wisconsin are, and are to be, forever here-

THE EARLY HISTORY OF WISCONSIN.

3.91

after, I hope, educated here free of expense. Thus, and in many ways I
cannot mention, the people of Wisconsin have kept pace with' the most
advanced civilization. Everything has been done that could be done by
enterprise, energy and industry to make Wisconsin what it pre-emi
nently is, one of the richest and most prosperous communities in the
world. Added to our natural and unrivaled means of transportation
throughout the state and abroad, by the water coinmunications to which
I have already referred, Wisconsin has her full share of railroad facili
ties. It would be a waste of time to attempt to enumerate the advantages
of Wisconsin ; it is sufficient to say that she has every advantage which
a good government, a rich soil and a favored climate can give to a thrifty,
industrious, intelligent people. All of these advantages have been
grandly improved, until Wisconsin has become a great and prosperous
commonwealth. For all of these manifold blessings, the people of the state are in great
part indebted to you gentlemen who organized the territory and founded
the state.
I hope these meetings may be continued from year to year, that they
may increase in interest as the numbers entitled to be here diminish.
Each recurring meeting, I am sure, will in many respects be sadder and
sadder for those who come, until finally when the last of this noble band
of pioneer patriots and public benefactors, enfeebled by age, shall corae
with trembling steps, and with conflicting feelings of pleasure and pain —
pain that he sees no more the noble forms and familiar faces of those
who helped him to lay the foundation of this grand commonwealth;
pleasure at the joyful greeting he will be sure to receive from the grateful
people he so faithfully served — when this time comes, as it surely will
come, I bespeak for this survivor, whoever he may be, a reception and a
welcome that shall forever make that day memorable in the history of
Wisconsin.

393 THE EARLY PIONEERS.

THE EARLY PIONEERS.

A meeting of the State Pioneer Association was held in
Madison, July 14, 1880. Hon. James M. Bingham, act
ing governor, delivered a speech of welcome, which was
responded to by Hon. E. G. Ryan, chief justice of the
supreme court. Hon. Peter Parkinson, Jr., of La
Fayette county, president of the association, delivered the
annual address, principall}'- relating to early settlement in
the territory, from which extracts are made as follows:
We have met together, in the capacity of a pioneer meeting, not only
for the purpose of social enjoyment and festive recreation, but also for
the purpose of paying a tribute of respect to departed worth and merit,
and to revive in our minds the sacred and cherished meinories of the
past, and recount to each other the scenes and incidents connected with
our early settlement in this country. And it affords me the highest
pleasure to look over this large assemblage of people and see in it so
many venerable gentlemen whose heads have grown gray in doing good
for their state, in some capacity or other— from the highest functionary
of state, down to the worthy and good citizen. And also to recognize so
many old and familiar faces that I have so long and so favorably known,
and from whose hands I have received so many acts of warm friendship
and true kindness during the fifty years that I have lived among them.
And to each and every one of you, and to all who are present, I extend,
for myself, and in behalf of the pioneer association of the state of Wis
consin, whose president I am, a most cordial welcome, and a happy
greeting. *******
Over fifty years ago, in the ever memorable years of 1827, '28 and '29,
some of us who are now present, met then in this far off, wild and wil
derness country, for the first time, to make acquaintances and form
friendships that should endure as long as life should last, and now, at the
end of more than half a century, we find that there is no abatement in
the friendships and attachments formed upon those ever memorable
occasions, but that the feelings of friendship and attachment are as warm
and fresh and as green to-day as ever.
We were then strangers in a strange land, promiscuously thrown

THE EARLY PIONEERS. 393
together, from all parts of the United States, and many other portions of
the world — and it would perhaps be no exaggeration of the facts, were
I to say upon this occasion, that a more noble, a more generous, whole-
souled, warm-hearted, kind and obliging, persevering, determined and
go ahead set of men were never in any country, or under any circum
stances, thrown together, than the noble old pioneers of the state of
Wisconsin. We came together as a band of brothers, extending the right hand of
friendship and fellowship to each other, and pledging to each other
mutual assistance in times of danger and in times of need; and it affords
me the most unspeakable pleasure to state upon this occasion, in which
statement every old pioneer present will bear me witness, that no prom
ises or pledges that were ever made by mortal man, were ever more
promptly or more faithfully fulfilled than were these promises of friend
ship and assistance.
The generous hand of the old pioneer has always been open to assist
the needy, and his strong arm has ever been ready to defend the
defenseless. But alas, nearly all of this noble old band have gone to that bourne
from which no traveler has ever yet returned. But, through God, they
have gone in peace and in honor, have left a name and record behind
them that it might be well for us who live after them, to remember and
to imitate. *******
We were then an isolated people, shut out from the rest of mankind,
one thousand miles distant from any point from which any supplies could
be obtained, either in times of peace or in danger; in a cold and rugged
climate, without money, without provisions or clothing, and without any
of the munitions or equipments of war, in the midst of hostile, ti-each-
erous and savage Indians, who were liable to make war upon us at any
moment; and truly, in less than tvyo months after the arrival of the first
pioneers of 1827, they were called upon to meet in deadly conflict one of
these tribes of hostile Indians —the Winnebagoes.
Nothwithstanding the destitute and defenseless condition of the country,
and notwithstanding the terror which this kind of foe generally inspires,
the little band of pioneers was neither dismayed nor daunted, but boldly
stood their ground, and, under the leadership of the bold and gallant
Dodge they met the Indians upon the threshold, soon put them to
fiight and drove them back to their hiding places, and thus, in a twink
ling as it were, the war was put to an end, and the country restored to
peace and quiet.
But it was not long destined to enjoy this peace and tranquility. In
the vear 1832 in the month of May, she was invaded by another much
more formidable and warlike tribe of Indians than the former. These
were the Sacs and Foxes, under the leadership of the renowned war
chief Black Hawk. Their purpose was to overrun this country, murder

394 THE EARLY PIONEERS.
and scalp all the scattered inhabitants, re-take the country and possess it
again as their own. In this bold and daring undertaking they were, in
the commencement, most signally successful. About the first days of
May, they crossed the Mississippi river, near Rock Island, marched rap
idly up the valley of the Rock river, producing the greatest alarm and
consternation among the inhabitants, causing them to flee in all direc
tions for safety and protection, murdering and scalping indiscriminately,
and, on the i6th day of May, Black Hawk and a small portion of his
warriors fell upon the unfortunate Major Stillman, one of the command
ants of the Illinois forces, and most disastrously and ignominiously
defeated him in the battle of the Kishwaukee, on the waters of the Rock
river, tliirty miles above Dixon. In this battle many of the whites were
killed and scalped in their tents, and the remainder put to a most shame-
- ful and ignominious fiight, and pursued by the Indians almost into Gen
eral Atkinson's camp at Dixon. In a few days after this battle, another
portion of Black Hawk's forces fell upon General Samuel Whitesides,
an old and experienced Indian fighter. He, too, was soon overcome and
put to fiight. A few days after. Major James Stephenson, a gallant
young officer of Galena, with a small squadron of men, was attacked on
the Yellow river, a tributary of the Kankakee river, and he, too, was
also defeated and put to flight, and he and his men chased pell-mell
almost into the city of Galena; and still, a few days later, a portion of
General Posey's brigade was badly defeated and cut to pieces at Wad-
dam's Grove.
Being emboldened by these successes. Black Hawk sent out his ma
rauding parties all over the country, who were killing and scalping the
inhabitants indiscriminately, at Waddara's Grove, Apple River Fort,
- Sinsiniwa Mounds, Blue Mounds, Spaflbrd's Farm, Cassville, and other
places, causing the most fearful alarm and consternation all over the
country; and no check or stay was given to this most alarming state of
things until, on the i6th day of June, one of Black Hawk's marauding
parties, seventeen in number, most unfortunately for themselves and
, fortunately for the country, fell in with this same bold and gallant
Dodge, and twenty-one of his bold and determined old pioneers, in the
battle of the Pecatonica.
In this battle the tide of war was turned against them. In this battle
Black Hawk's party were as signally defeated as they had been success
ful in defeating all with whom they had come in contact previous to
this time. In this battle they were taught a lesson that they had never
learned before: that General Dodge and his bold miners could use the
bayonet and musket as well as Black Hawk and his savage warriors
could use the tomahawk and the spear.
In this battle Gen. Dodge made good his words that amused the dying
boy. He did charge them, sword in hand ; and he also made good his
words spoken to the affrighted captain at Blue Mounds. He did show

THE EARLY PIONEERS. 395
them that we were not of the soft shelled breed, that we would not run
and hide like turkeys, neither would we squawk like ducks when the
spear was applied to us, as had been said by the old White Crow, a
Winnebago chief, at the Blue Mounds.
This battle was a terrific one ; it was a hand to hand encounter ; steel
clashed against steel, and the woods resounded with the terrific yell of
the savage. The conflict was deadly and decisive. The Indian toma
hawk and spear were pitted against the white man's bayonet and breech.
But in the end, the bayonet and the breech were triumphant. The last
Indian was killed and scalped, and not one left to tell old Black Hawk,
their chieftain, the sad tale of this disaster.
From this battle onward. Black Hawk^s star was in the wane; from
this time onward he was hotly and vigorously pursued, and overtaken at
the Wisconsin heights on the 21st of July, badly whipped, sixty-eight of
his men killed upon the ground, and many more wounded so that they
died upon the way. On the 3d of August, they were again overtaken at
the battle of Bad- Ax, and terribly defeated and slaughtered.
This battle closed the war, and it is but due here to state that the an
nals of Indian warfare furnish no account of so successful a termination
of any Indian war that we have ever been engaged in. It furnishes no
instance of so large and formidable a body of Indians being whipped,
driven out of tlie country and almost exterminated, in so short a time
and with so little loss to the whites, as were Black Hawk and his entire
party. And it is also due to state here, that this desirable termination of the
war, was justly attributable mainly to the prompt, energetic and judi
cious movements of Gen. Dodge, and his squadron of old and deter
mined pioneers.
I have aliuded to these prominent features of the Black Hawk war for
the purpose of letting the people of the present day know something of
the importance and something of the material of the noble pioneers and
their gallant commander, who had to bear the brunt and burden of the
day in this war; who were always in front ranks and in the hottest and
thickest of the battle. We pursued them in hot chase over this inden-
tical ground, but a short distance m the rear — having killed one on the
bank of the Third Lake, and another a few miles west of Madison, the
same day of the battle of the Wisconsin Heights. In this battle. Gen.
Dodge's squadron led the charge, and received the entire charge of the
Indians, and maintained their ground, says one narrator, nearly an hour
before the full line of battle was formed.
What has been said of the pioneers of 1827-8-9, may justly be said of
all the rest. They were of the same style and type of men. Bold and
chivalrous, noble and warm-hearted, generous and free, hospitable and
confiding, sharing with each other the last pound of flour, meat, coffee,
sugar, tea, or anything else which they might have about them — every-

396 THE EARLY PIONEERS'.
thing was noble, manly and generous about them. Their hearts beat irl
unison with each other, and they were ready upon all occasions to extend
the right hand of friendship and fellowship to all who came among them.
They used no locks, bolts, bars, or fastenings of any kind; but instead, as
has been aptly said, " the latch-string was always out;" all was free and all
were welcome. No bonds, mortgages, notes, receipts or written obliga
tions of any kind were used or needed in the early days of the pioneers.
No money sharks, or note-shavers, or patent-right venders then infested
the land. Money was then loaned and borrowed without price and with
out obligation. Every man's word was as good as his bond. Every man
then sought to accommodate his neighbor all he could. In the language
of Judge H. S. Orton, " We were then all of one faith, one creed and
one baptism, and helped one another." To them we owe everything in
the line of discovering and settling up a hew country and developing
her hidden resources.
In this respect, what a debt of lasting gratitude do we owe to the bold
and daring adventure of our noble and ever to be venerated " Pilgrim
Fathers." From this little band of bold and adventurous pioneers, landed, in the
dead of winter, on the sterile and barren banks of Plymouth shore, a.
great continent has been peopled, and a mighty nation has been formed;
and so of nearly all of the states — from a small beginning of bold pio
neers, a great state is soon formed and densely populated, and on the rapid
march to grandeur and greatness.
To a BooNE, a Kenton, a Dixon, a Douglas and a Carson, and
others, we owe untold obligations, for their discoveries and explorations
in our new states and territories. *******
The speaker then paid a glowing compliment to the pioneer women,
giving them as much honor as he had bestowed upon the men; and
concluded his address with the following paragraph in regard to them,
and by tendering a sentiment:
They were women of sound practical sense and high Christian resig
nation, and knew how to adapt themselves to the circumstances which
surrounded them, and submitted with cheerfulness to the necessities of
the occasion; and, in conclusion on this branch of my subject, I think
I may well say that if there ever was a set of women in these United
States that were justly entitled to the appellation of second Pilgrim
mothers, it was and is the good and noble pioneer mothers of the state
of Wisconsin.
The state of Wisconsin — the grand and noble state of Wisconsin —
the work of your hands, of your industry and your enterprise! May her
glory and her felicity increase with each revolving year, until the last
trump shall sound the catastrophe' of Nature, and Time shall emerge
into the ocean of Eternity.

GENERAL INDEX.

Page.
Preface, - 3
Early History of Wiscon
sin —
origin of territory, - 5
territory northwest of Ohio
river," . 5
•boundary changes, 7
boundary disputes, 8
boundary discussions, 9
beginning civil government, 10
legislative representation, 11
organization of territory, 11
pioneer settlement, 12
routes of early immigration, 14
revolutions of a generation, 16
early immigrants, - 17
territorial newspapers, 17
schools and "means of educa
tion, - - iS
preliminary to state govern
ment, iS
first convention, 19
nativity and occupation, - 19
where born, - 20
occupations, 20
secondcon vention, 21

Early History of Wiscon
sin — con tin ued. Page.
where born, - 21
occupations, • 22
record of members of con
ventions previous to state
government, 22
record of members of con
ventions subsequent to
state government, - 23
officers, state and national, 24
constitution of 1846 sub
mitted, - 25
the illustrious dead, 25
reunion, - 27
Convention OF 1846 —
living members, 29
death roll, 29
officers, 30
reporters, 30
Convention of 1847-8 —
living members, 30
death roll, - 31
officers, - 31
reporters, - 31
ch. 27s, laws of 1880, - 32

MEMBERS OF THE CONVENTION OF ig

Agry, David,
Atwood, Elihu L.,
Babcock, Barnes, -
Babcock, John M.,
Baird, Henry S.,
Baker, Charles M., -
Barber, Hiram,
Barber, Joel Allen,
Beall, Samuel W.,
Bell, William,
Bennett, Stephen O.,
Berry, William,
Bevans, Lorenzo,
Bowen, Davis, -
Bowker, Joseph, -
Boyd, John W.,

z$

Brace, P. A. R.,

49

36

Brown, Hiram,

49

37

Browne, Charles E.,

- 49

37

Burchard, Charles,

51

3S

Burnett, Thomas P., -

52

39

Burnsides, Andrew, -

53

40

Burt, Daniel R.,

- 55

41

¦ Carter, James B,,

59

43

Chamberlain, James,

. 60

44

Chase, Horace,

60

45

Chase, Warren,

- 61

45

Clark, William H., -

63

46

Clothier, Samuel T., -

- 64

46

Coumbe, Edward,

65

46

Cooper, John,

- 6s

47

Coxe, Hopewell,

6S

398

GENERAL INDEX.

Page.

Crawford, John,

66

Cruson, Thomas,

68

Dennis, William M., -

69

Dickinson, Nathaniel,

70

Doty, James Duane,

- 70

Drake, Jeremiah,

75

Dunning, Abel, -

- 75

Edgerton, Elisha W.,

76

Ellis, Pitts, -

- 77

Elmore, Andrew E.,

78

Fitzgerald, Garrett M., -

- 79

French, Haynes,

80

Fuller, Benjamin,

So

Gibson, Moses S.,

81

Giddings, David,

- 82

Gilmore, James,

83

Goodell, Lemuel, -

- 83

Goodrich, Henry C,

84

Goodsell, Elihu B.,

84

Graham, Wallace W.,

86

Granger, Benjamin,

87

Gray, Neelv,

87

Green, William C,

88

Hackett, John,

88

Hall, Geo. B.,

89

Hall, Jam.;a H,,

89

Hammond, S. P.,

- 89

Harkin, Daniel,

90

Hawes, M. T.,

90

Hayes, James P.,

90

Hazen, Lorenzo,

91

Hesk, William R., -

92

Hicks, Franklin Z.,

93

Hill, La Fayette,

93

Holcorribe, William,

94

Huebschmann, Francis,

95

Hunkins, Benjamin,

97

Hyer, George, -

97

Hyer, Nathaniel F.,

100

Inman, Israel,

104

James, Thomas, -

104

Janssen, Edward H.,

106

Jenkins, Thomas, -

io5

Judd, Stoddard,

107

Kellogg, Chauncey,
Kern, Charles J.,

loS

no

Page.
Kinney, Asa, - - - no
Kinnie, Joseph, Jr., - - 113
Lovell, Frederick S., - - 113
Madden, William J., - 116
Magone, James, - - - 116
Manahan, John H., - - 116
Meeker, Moses, - - - 118
Mills, David L., - - 120
Moore, James, - 122
Noggle, David, - - 122
O'Connor, Bostwick, - 123
Parkinson, Daniel M., - 124
Parks, Rufus, - - - 128
Parsons, Chatfield H., - 129
Patch, Horace D., - - 129
Phelps, Noah, - - - 130
Pierce, Joseph S., - - 131
Prentiss, Theodore, . - 132
Randall, Alex. W., - - 133
Rankin, Aaron, - - 142
Reed, George, ... 142
Rogan, Patrick, - - 143
Ryan, Edward G., - - 144
Seaver, Lyman H., - - 148
Smith, A. Hyatt, - - 14S,
Smith, George B., - - 150
Smith, John Yates, - - 158
Smith, Sewell, ... 162
Smith, Wm. R., - - 162
Soper, Evander M., - - 164
Steele, Elijah, - - 164
Stockwell, Thomas S., - 164
Strong, Marshall M., - 165
Strong, Moses M., - - 169
Toland, Patrick, - - - 173
Topping, Josiah, - - 173
Turner, Peter H., - 174
Tweedy, John H., - - 175.
Upham, D. A. J., - - 176
Vineyard, James R., - 178
Vliet, Garrett, - - 179
Wakeley, Salmous, - 179
White, Joshua L., - - 182
Whitesides, Ninean E., - 183
Willard, Victor M., - - 183
Wilson, Joel F., - - 184

MEMBERS OF THE CONVEI«fTION OF 1847-8.

Beall, S. W.,
Biggs, James,
Bishop, Charles,
Brownell, Geo. W.,
Carter, Almerin M.,
Case, Squire S., -

43. 187

Castleman, Alfred L.,

194

- 1S7

Chase, Warren,

61, 19S

1S7

Cole, Albert G., -

19s

18S

Cole, Orsamus,

196

191

Colley, Joseph,

- 200

- 193

Cotton, Emulous P.,

202

GENERAL INDEX.

399

Crandall, Paul,
Davenport, S, A.,
Doran, John L.,
Dunn, Charles,
Estabrook, Experience,
Fagan, James, -
Featherstonhaugh, G. W.,
Fenton, Daniel G., -
Fitzgerald, Garrett M., -
Foits, Jonas,
Foot, Ezra A.,
Fowler, Albert,
Fox, William H.,
Gale, George, -
Gifford, Peter D,, -
Harrington, James, -
Harvey, Louis Powell,
Hollenbeck, Stephen P.,
Jackson, Andrew B.,
Jones, Milo,
Judd, Stoddard,
Kennedy, William H.,
Kilbourn, Byron,
King, Rufus,
Kinnie, Augustus C,
Lakin, George W.,
Larkin, Charles Henry,
Larrabee, Charles H.,
Latham, Hollis,

Page.

Page.

202

Lewis, James T., -

239

203

Lovell, Frederick S., -

113,240

203
203

Lyman, Samuel W.,
Martin, Morgan L., -

¦ 240 241

2n

McClellan, Samuel R.,

243

213

McDowell, William,

244

213

Mulford, Ezra,

245

214

Nichols, Charles M.,

- 2^6

79,214 214
- 215

O'Connor, John, .
Pentony, Patrick,
Prentiss, Theodore,

246
247
- 132, 247

216

Ramsey, Alex D.,

247

- 220

Reed, Harrison,

- . 218

221222

Reymert, James D., .
Richardson, William,

249
. 249

223223

Root, Eleazer, .
Rountree, John H.,

250
252

226

Sanders, Horace T., -

254

227 228

Scagel, George,
Schoeffler, Moritz,

- 255 256

107, 230

Secor, Theodore, .

258

230

Steadman, Silas,

- 258

230

Turner, Harvey G.,

- 259

232 234235

Vanderpool, Abram,
Ward, Joseph,
Warden, Allen,

260
- 261 261

236

Wheeler, William A.,

262

23?

Whiton, Edward V.,

- 263

238

OFFICERS, CHAPLAINS AND REPORTERS.

Presidents —
D. A. J. Upham, 176, 273
Morgan L. Martin, 241, 273
Secretaries —
La Fayette Kellogg, 274
Thomas M. McHugh, - 275
Sergeants-at-Arms —
John Starkweather, - 277
Edgar R. Hugunin, 279
Chaplains —
Charles Lord, - 280
Stephen McHugh, - 2S1
S. E. Miner, - - 282
John Penman, - - 283
H. W. Read, - - - 2S3

Reporters — Convention
OF 1846 —
Jerome R. Brigham, - 285
Beriah Brown, 286
Charles Holt, 2S9
J. Gillett Knapp, - 290
Horace A. Tenney, - 291
Convention of 1847-8 —
David Atwood, - 294
David Lambert, . - 298
John Y. Smith, - 158, 299
Henry W. Tenney, - . 299

400

GENERAL INDEX.

CONSTITUTIONS OF BOTH CONVENTIONS.

Rejected Constitution — Page.
preamble,on boundaries,
on act of congress,
on executive of state,
administrative,the legislature,
powers, duties, etc.,
the judiciary,
suffrage and elective fran
chise,
education and school fund,
internal improvements,
taxation, finance, etc.,
the militia,
rights of married women,
bill of right;,
miscellaneous provisions,
schedule,
resolutions,colored suffrage, -

Vote on ratifying constitu
tions.
Table of members — consti
tution of 1846,
Table of members — consti
tution of 1847-8,

Ratified Constitution — Page.

303

preamble.

332

¦ 303

declaration of rights,

332

3°4

boundaries.

334

¦ 304

suffrage, ...

336

306

legislative.

337

¦ 307

executive, ...

339

310

administrative, ...

341

3"

judiciary.

342

finance.

34*^

315

eminent domain, -

348

316

education, ...

34S

31S

corporations.

350

- 318

amendments.

351

320

miscellaneous provisions.

351

321

schedule, ...

353

322

resolutions.

360

324

amendments, ...

362

325

328

331
APPE
NDIX. Census — 1836 to 1880, inclu.
367
sive.
Historical Address — Geo. B.
374
368
Smith,
The Early Pioneers — Peter
376
372
Parkinson, Jr.,
392
^:>"^'^¥™ss

j*.m

WiniWfti

^*»4f3liwa*"»Ti.-' «*

¦ -niiAiriiMiimdi III! iitiita ittKMi^^i rt->*1«l!wii
1 II 11 M<rtn mtixiVk itAtCttAtiiiiti 1 1 '"
iSj rt nin Viiii'lti^i 11 I n ^1 \
UI All tiiit|i(iviiiiiit<|'~

L ml

II iiHH(^ii'i
¦mitiMnii t ' II ^^Mtdf ,.
lilt i|iinilit\ir

'!¦

¦HI *i\iHnm<
f II ti II t M 1(1 iniiV^ritiuiv ii-u
•tl.il ^P mill »K<tlktl< CN I"
• I II ) I I tl llllMl ¦¦^^KlifllLTi \i
I < I IMI l**ltl{ri|lt IU
1 •! I I ^-flftV .iii
III M iti MM* ^1*1
I I'M imiviHin II ii» i» •
111 % i *inu*Hn*vt\i i«i I* *m I I II
III i',^^ •vuHMft^ff' n* 't> ** ** ^^ >•
. xn i i.nA)ni\rmit^< \i> WMtX" !i '
ititiMip Mi<i(i<fttiAi:'ittntii>MAi4iii«i«4i 1 1
Iiiiii »itin Iff Khn^UriJfirit I ¦»!• (tiiiiiitiit
'tj'iiiOtli^i^titttffiAimih i?Ci«>tLni,Hliii
rinirit>litdlf^tS^ti^i^:^wiU \f\ i/tM.i
* iti'ii«iiiiH
I^JIHI fl lll|

tminTr-'^"-
^^^y in)i*i- ^1 >fKi(bi]^f(4#i(n,»tiv< in)-fi»(nf'^A|
i' I -if'ii^ijVm^nmt^in^VUiitnAiUi^imMnfii^
in 1 ill -•rr^mwtWHiiMiiniO hh 4ia4.nri

t<^i|l 1^ «> t.^uii « a^klV-^M
ffi4i^fj|lSiptAirn«4iu£^-H. '.
•K*Vtl*WAd«M^AM ttfW

ll^«^^^ ti-

Brti*('*i
iCitirttAf

Irtrf.

•[fi iAfOtnrt4finMl(Mlfhj|Rlfini««>ii ii
nur/kftn4hoWi^«tiAe^ni -I.
tK(4( (Wvufn*uJitum>i<Lij* j
^irti^lfmui^iirtnmrifii ti i
I ¦ ii«ihtnitttiiAl!tifR^i'i«iii<

I run
iiiti II <i
ilAii I • i<
11 X'l 1
H<><**(ii'iii

ifiilfii4ni itkf
l4frtntt»Mni trMI'tll'tl I
llf I HCilH

»^>n.w4lrarftf^'AiA.j --•rfrf-ArbMlul 1-^ ?
• t<-i4yii£'. *ri*r^^
'« ftMUlH l^>ll l'

CI- J*.-.

Fibiw*!

U

. II

!U««-in-ifi'
h^{j;ti>-f J^i«!«B!MnlMilHA(wi'
i>»m^1fs 
iJHift il|^flMWftllJ'»!aw**B> i»HU*rftirt<wwa»>
i.«t4 ftVWCFiknftnSmitw I »<iwi 'i>nwi<it^Si;gll[|l^y^^W[<y»«*8<!»tf»-i t^'r ¦
itVh4'<fi4ih(iA/Cifii(«uwi-.4vuii 1. i 1- vf^ytt^li^^ifi^vi*^^! ''^**'
¦141 *^ •i»» •* nuMiCitmV^t tvuv. i *" ^ii\(pi!\rift*5«&*iii**.»»f5 i»- • (
«*ii/>»AMthilCiiltl6ii;w0«>i(<w.(4t;MW(* »>iK,»tii^i4crAJ%iiscl*fti*''^< >
liJhirt-iMiiHMfnimtaiFiribwAtfiw Vm «f ht fiVi^ti.iHiM'vMhxr «i>i^ jih «*i.
1 titii JHM rtwrw&JtawP^NklWiifii •"U^'ii lu « «" w^,44rt«ai.^iCktWt- t^.i^uun-^ fb*>k.-«HnAi
r l>tiftBim4rVA!(^44UMM*«w»ti'^iMrf N ¦*<« ¦*«rfVH^i^«ii-ul
> (' IIHfiiA »in '<»»#( f I'M m ^mA fK th.aflHIA4«(HiFr(wn4*K*4i
i llf I '4I> l<fiM/(hf*aiAr|WM)t,|n*«iliW hMKIinrkUtlWM«r«Mr*<HHi'M. af^i^llMiS^
i*i.rt I I (. (1 r i^^f^HW'
I t ml«*i«« ^ trSbll

Hvui (fntMrfMcnuh ihh*i mrfijfjufwy

>i> iii««>h'i4M «w*ii'iii
I Ml ((ii<itAlil»->i«»i
f (Ml* IMT« l'/HVlf**t'l
f liHf(*(^'* t

«*iW4lbil
I^VHtfUBttf MMHI*^MMW>i«M MltAit
II I KlOtlf II
II ••UJitl<HIM1>hHU^H4|C«ar4
11 'nMI'«l.-*f«t(if|MH»<f(HltUllMi  .^-^c-3
I I Il1l.il* -tMI 111
f ICI lli(M< rtit (1 I4I4J
1 riltlMltMf<«nMM|(l«((l1i I
¦ < vltliil 1 KM I iiM«lllltl«ll(l(f«lll  ---  ir-BB-
>R* i^MiKiil iihMt«t'««*Mi«i<irtWiwwctf^iiUii>IMlWllMMwwjwgaa^^A«iifti
i « (t>it( ( ikf* H * fmf H« M m tc iwMi 1 m*H*w WBtatow TJh^jjWwWf^Mi Jf ~ ""* ^ '~
illii. u ¦ I «¦! IIUIKI I 1*4r{HAl'ti^toihMtnA|u«U«fMl«4M4IMMtU
( r ¦! I niiiM* 11¦^nlrtlvl«f ««IMvfH4mtalK'ltifiriwKH«U<l(in||l|
> miitiii
lUitiuiuuarau^ivCtKilMterililfaRi
• -(•d*«>f.,M>FftiQUfj^'(''Ai-^b4t|imfiJ
I '( III I I {f * Hl»( ^MV<^4«w*WMMfVUHl^htaMM t /Ui T f » ,-&^ TOMJBiWlCT'gH^^'M'IwH ^ifi" * jr t^Hf^i
t I i if I rrilHit 1.1 «L UM fU'43f{^1^f^SitA»>M.ttt\-in ^ . «,il'U>Aie>4ltlAiVtf kTi^; H^Sfttf^lfi^ifi^Kt^ 'TjJ» ^ hw Mf I Aw
I II iif HIT I II u«<it iM4imLij3iii«4r >>4 'i^f tjr;*iJl.iti|>4ff&;i^!<f^Q!^'^ ju>imv hw i . » .«,«,
K'
till
' llf
flMM JilJI Iftb
¦¦ llf ll*t.l4^tfl«|.1«* tl • llr»U W.il1
«i iiftihliKiiiiUfii liAl^^nij
I I • Mif
I ilKI IJJ ll I 111
[ itii nil I I t till I I 1 I I t| ,.
I III lilt U lllllj f. lIlM 'll I I
I Tit Ufll 1(11 lllffllll4Ul,fl / • 1
mil ii'i •111141 if miiii I (
,1 WUU.iktUJfC^^ittAf.'UM 111 I
i.ii^.iit»^rh^(i^«.A I * 
Lf /fl^abffl^fClAuMrffVk II
( ruitt^^j^«'Hjfl|i<iBiff^ '
^J;^V.MW., -I , .,
 ['^' « U. /
AiAaui^jifii^'t
ffUftrf .» -I *
HUM 4 <i
I ir «/ijrf*, 1* ^j
J I I M^i ii.hij( I,
1^ ' I i*UJjUpU%l
I II Mt 4 J».Uttiki<^J
U^l*' M 1^***«ll% K