BOUGHT WITH THE INCOME FROM THE SAGE ENDOWMENT FUND l^-is THE GIFT OF lienrg W. Sage X891 ..A.JAS^./.A l%^/f.'Z.. H\ Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924028871445 00 Li 3 O < (I r HISTOET ,,,„ DANE COUNTY, WISCONSIN, CONTAINING AN ACCOUNT OF ITS SETTLEMENT, GROWTH, DEVELOPMENT AND RESOURCES ; AN EXTENSIVE AND MINUTE SKETCH OF ITS CITIES, TOWNS AND VILLAGES— THEIR IMPROVEMENTS, INDUSTRIES, MANUFACTORIES, CHURCHES, SCHOOLS AND SOCIETIES; ITS WAR RECORD, BIOGRAPH- ICAL SKETCHES, PORTRAITS OF PROMINENT MEN AND EARLY SETTLERS; THE WHOLE PRECEDED BY A HISTORY OF WISCONSIN, STATISTICS OF THE STATE, AND AN ABSTRACT OF ITS LAWS AND CON- STITUTION AND OP THE CONSTITUTION OF THE UNITED STATES. xiiijXrsa?:E,.A.TEX)- CHICAGO : WESTERN HISTORICAL COMPANY. MDCCCLXXX. A. rd f/G PREFACE. r I "IHIS work was commenced with a specific object in view, which was to place upon record, -*- in a reliable manner and in permanent form, whatever incidents of importance have trans- pired within the limits of Dane County since its first settlement. As preliminary to the narra- tive proper, it has been thought best to give a succinct history of the State at large, including also accounts of its most prominent resources and interests. With this in view, leading articles are furnished by able writers, several of whom are residents of the county. The first of these contributions — a brief history of Wisconsin — includes, respectively, the antiquities of the State, an account of its Indian tribes, a sketch of pre- Territorial times, a view of Wisconsin when a Territory, and a narrative of each administration since the admission of the State into the Union. This is followed by articles on the topography and geology of the State ; on its cli- matology ; on its trees, shrubs and vines ; on the fauna of Wisconsin ; on the educational inter- ests of the State ; on its agriculture, mineral resources and railroads ; on lumber manufacture, banking, commerce and manufactures, and on the public domain and health. Statistics of the State are then given ; also an abstract of its laws and constitution, and of the Constitution of the United States. In the history of the county at large, as well as in those of the city, towns and villages, the reader will find that incidents, reminiscences and anecdotes are recorded with a variety and com- pleteness commensurate with their importance. Herein is furnished (and this is said with con- fidence) to the present generation a valuable reflex of the times and deeds of pioneer days ; and in the following pages is erected, it is hoped, to the pioneer men and women of Dane County a lasting monument. The labors of all engaged in this enterprise have been cheered by the cordial assistance and good will of many friends, to all of whom grateful acknowledgments are tendered. The officers of the State Historical Society have, from the first, been unremitting in their endeavors to aid the undertaking. The Publishers. December, 1880. CONTENTS. Page. Antiquities 19 lodian Tribea 21 Pre*TeiTitorial Annals 29 WiacouBin Territory 41 WisconBin asaState 62 First Administration 52 Second Administration 67 Xbird Administration 69 Fonrth Administration 62 Fifth Administration Q4t Sixth Administration 66 SeT'enth Administration 67 War of Secession Commenced 69 Eighth Administration 76 Ninth Administration 86 Statistics of Volunteers 90 Tenth Administration 92 Eleventh Administration 93 Twelfth AdrainiBtration 94 Thirteenth Administration 97 Fourteenth Administration i99 Fifteenth Administration i04 Sixteenth Administration i09 Topography and Geology llO The Archeean Age ll2 Paleozoic Time— Silurian Age il5 Devonian Age ll9 Glacial Period l20 Climatology l21 Trees, Shrubs and Vines - ^^^ Fauna jS* Fish and Fish Culture 34 Large Animals — Time of their Disap-j pearanco |38 Peculiarities of the Bird Fauna ,39 Educational _40 Original School Code :}40 Agitation for Free Schools -'41 School System under State Govern- ment 141 School Fund Income 142 State TTniversity 143 Agricultural College 144 Normal Schools 144 Teachers* Institutes 146 Graded Schools 146 HISTORT OF WISCONSIIV. Paoe. Educational : Township System 146 Free High Schools 147 School Offices 147 State Teachers* Certificates 147 Teachers' Associations 148 Libraries 148 State Superintendents 148 College Sketches 149 Female Colleges 150 Academies and Seminaries 151 Commercial Schools 151 Agriculture 151 Mineral Besources 162 Lead and Zinc... 162 Iron 165 Copper 168 Gold and Silver 168 Brick Clays 168 Cement Kock 170 Limestone— Glass Sand 171 Peat— Building Stones 172 Railroads 173 Chicago, Milwaukee & St. Paul 173 Chicago & Northwestern 176 Wisconsin Central 178 Western Union 179 West Wisconsin 180 Milwaukee, Lake Shore & Western 180 Green Bay & Minnesota 181 Wisconsin Valley 181 Sheboygan &. Fonddu Lac 181 Mineral Point 182 Madison & Portage 182 North Wisconsin 183 Prairie du Chien & McGregor 183 Chippewa Falls & Western 183 Narrow Gauge 183 Conclusion 184 Lumber 185 Banking 191 Commerce and Manufactures 198 Furs 199 Lead and Zinc — Iron 200 Lumber 201 Grain 202 Page. Commerce and Manufactures : Dairy Products 203 Pork and Beef. 203 Hops 204 Tobacco — Cranberries 205 Liquors 205 Miscellaneous 206 Water Powers 206 Manufactures 208 Conclusion 208 The Public Domain 210 Health 230 Geographical Position 230 Physical Features 230 Geology 231 Drainage 232 Climatology , 232 Bain Character 233 Isotherms 234 Barometrical 234 Winds , 236 Climatological Changes from Settling in the State 236 Influence of Nationalities 237 Occupations— Food — Education, etc 238 History of Disease 238 Eatio of Sickness, Ft. Howard and Win- nebago » 239 Education of the Blind 241 Institute of Deaf and Dumb .....241 Industrial School for Boys 242 State Prison 242 State Hospital for the Insane 242 Northern Hospital for the Insane 243 City of Milwaukee 243 Health Resorts 244 Change of Diseases 246 Pulmonary Diseases 248 Statistics 249 Population, 1875, of Townships, Alpha- betically Arranged by Counties 249 Population by Counties 258 Nativity by Counties 259 Valuation of Property 260 Acreage of Principal Crops 261, 262 ABSTRACT OF WISCOIVSIHT STATE I.AWS. Page. Actions 283 Arrest ^ 283 Attachment 284 Adoption of Children 276 Assignment of Mortgage 274 Assessment and Collection of Taxes 267 Assessment of Taxes 268 Bills of Exchange or Promissory Notes 272 Borrowed Money 267 Capital Punishment 278 Collection of Taxes 270 Commercial Terms ...28'> Common Schools 266 Damages for Trespass .279 Page. Elections and General Elections 263 Eatrays 279 Exemptions 284 Fences 280 Forms of Conveyances 273 Forms of Mortgages 274 Garnishment 284 Highways and Bridges 270 Hours of Labor 273 Interest ^ 277 Intoxicating Liquors 271 Judgments 284 Jurisdiction of Courts 277 Jurors 278 Page, Landlord and Tenant 281 Limitation cf Actions 285 Marks and Brands 281 Married Women 283 Stay Law 284 Surveyors and Survevs 282 Support of Poor .'. 282 Suggestions to Persons Purchasing Books by Subscription 285 Title of Real Property by Descent 275 Weights and Measures 278 Wills 276 Wolf Scalps 278 Page. Wisconsin Sta*e Constitution .....287 U. S. Constitntion 297 iUISC EI.Ii ANfOIJS. Page. I Vote of Wisconsin for Governor and Presi- I Population of the Slate., dent 306-307 | Pagk. 3Q8 VI CONTENTS. Fags. CHAPTER I. Area and Position 309 Drainage 309 Topographical Features 310 Geological Formations 311 Elevations at Ditferent Points 312 Eivers 313 Lakes 317 Natural Mounds and Sink-Holea 323 The Verona/Cave 323 CHAPTER II. Ancient Earthworks 329 Indian Occupancy 332 Was John Nicolet in Dane County in 1 664 ? 333 First White Men in Dane County 336 Early French Explorers 338 Jonathan Carver's Tisit in 1766 338 The Wisconsin River an Early Highway. .339 The Winnebago War 339 CHAPTER III. First Settler in Dane County 346 Dane County Explored 349 Indian Trails 349 First Road in the County 350 A Glimpse of the Wilderness 351 The Black Hawk War 356 The Four Lake Country after the Black Hawk War 365 Early French Residents 367 CHAPTER IV. United States Land Surveys 370 Dates of Surveys and Notes of SuiTeyors..371 Dane County Included in Three Land Districts 377 Census of 1836....: 377 Te Ancient Pioneers 378 Early Government of the Dane County Region 384 Forming and' Naming the County 385 Visits to Dane County in 1837 386 1. By G. W. Featherstonhaugh 386 II. By Alexander F. Pratt 387 III. By G. W. Featherstonhaugh 388 CHAPTER V. United States Road from Milwaukee through Dane County 394 Pioneer Life .' 394 Dane County on Early Maps 400 Organization 401 A Brief History of the County 403 Record of the County Board from 1840 to 1880 403 Present Boundaries of the County 412 Census, 1842 413 The First Sermon in Dane County 414 A Dark Deed 417 CHAPTER VI. County Officers, 1839 to 1880 419 Pioneer Reminiscences 420 I. By John Catlin 420 II. By Ebenezer Childs 423 III. By Freedom Simons, 1880 423 IV. By I. H. Palmer, 1880 426 V. By Simeon Mills, 1880 427 Meetings of Dane County Pioneers 429 Territorial, State and Congressional Rep- resentation...'., 431 I. Territorial Representation 431 II. State Representation 431 III. Congressional Representation 432 State Institutions in Dane County 435 I. State University 436 II. State Library 447 m. Wisconsin State Hospital for the Insane 448 IV. State Board of Charities and Re- form 453 V. State Fish Hatchery 464 VI. The Soldiers' Orphans' Home; 456 HISTORY OF DAITE COUNTY. Page. CHAPTER VII. State Historical Society 469 Wisconsin State Agricultural Society 460 Wisconsin State Horticultural Society 460 Wisconsin Academy of Sciences, Arts and Letters *62 The'Old and New Capitol 462 The Capitol Grounds 466 Dane County Bible Society 468 Political Divisions 472 United States Court House 472 CHAPTER VIII. County Court House and Jail 474 Poor. House and Farm 476 Agriculture 475 Dane County Agricultural Society 479 Horticulture and Madison Horticultural Society 482 Flora 484 CHAPTER IX. Courts having their Sittings in Dane County 490 Norwegian L'ltheran Seminary 513 Albion Academy and Normal Institute,. ..513 Marshall Academy 514 St. Regina Academy 514 Northwestern Business College 516 Statistics 616 CHAPTER X.— Some of Dane Cootti's Distinguished Deau: John Catlin 619 Augustus A. Bird 621 David BrighMm 622 Thomas W. Sutherland 522 John Stoner 522 Alexander Bo fltin : 525 Nathaniel T. Parkinson 527 James Morrison 528 Nei-ly Gray 528 Benjiimin F. Hopkins 529 J. 0. Fairchild : 532 Cassius Fairchild .635 Levi B. Vilas 636 John T. Smith 637 LukeStoughton 643 Byron Paine 543 Stephen H. Carpenter 544 Charles D. Atwood 548 George B. Smith 549 John B. Feuling 551 J. C. Hopkins 563 W. J. L. Nicodemus 654 La Fayette Kellogg 567 N. W. Dean 657 Timothy Brown 558 Ole Bull 661 William B. Slaughter 566 Edward G. Ryan 667 CHAPTER XL Literature 570 Art 582 Oratory 583 Common Schools 588 Dane County Press 589 CHAPTER XII. Railroads 608 The Great Rebellion 611 Roster of Volunteers 637 Tornado of May 23, 1878 647 CHAPTER XIII.— Madison as an Unin- COnPORATBD VlLLAQE. Madison Founded 660 The Founder 662 The Capital Located at Madison 664 Staking Out the Town 666 The First House 669 The Pecks 670 Madison on its Way to Glory 673 First Meeting of the Legislature in Madi- son 674 Pioneer Characters 675 An Early Visit 678 Page. CHAPTER XIII— ConttiMMd. Pioneer Recollections 678 I. By Roseline Peck 678 II. By Simeon Mills 680 IIL By J. G. Knapp 684 IV. By Robert L. Ream 690 V. By Julius T. Clark 700 VI. By Alfred Brunson 702 VII. By Robert W. Lansing 706 What Various Writers Said 707 Enumerations of the Inhabitants 710 The " Worser" and "Tiger" 710 Umbledine's Gig 711 CHAPTER XIV.— Madison as an Incoe- poHATED Village. How it was Incorporated 713 Village OiBcers from 1846 to 1866 713 Madison in 1846 714 Who kept Boarders in 1846 715 Madison Academy 71^ Madison Hydraulic Power 716 The Beginning of Madison's Prosperity ...716 Recollections of the Incorporated Vil- lage 717 I. By Robert W. Lansing 717 II. By C. B. Chapman, 1874 719 Madison in 1851 725 The Village of Quarter of a Century Ago..726 A Building Mania 727 Additions and Re-plats 727. Population at Different Periods 728 L. J. Parwell 728 CHAPTER XV.— Madison ab a City. Madison Apostrophized 729 The Charter 729 The Site 730 The New-born City 730 City Officers, 1866 to 1880 733 Regattas 736 Banks 738 The Beauties of Madison 741 Temperance Organizations 741 Monk's Hall 745 Manufactories 746 Post Office 748 Mills ■. 749 Fire Department 750 Madison as a Summer Resort 759 United States and State Census 760 Forest Hill Cemetery 760 Breweries 762 Hooley's Opera House 763 The Madison Maennerchor 763 St. George's Society 764 Madison Institute 765 Water Supply "765 Health of Madison 766 CHAPTER XVI. — Madison City (con- tinued). Schools 767 Churches ;,T '77'7 Masonic 791 Insurance .- 801 I. 0. 0. F 802 Benevolent and other Societies... 803 Free Library 806 Caledonian Club and St. Andrew's Society .807 Gas Works 808 Steamboats 808 Hotels 810 City Hall 815 Military Organizations 815 Ancient Order of United Workmen 819 Telegraphy 819 The President of the United States in Madison 820 A Notable Gathering 821 Madison of to-day .\ 822 ■ CONTENTS. Vll Paoe. CIHAPTEB XVn.— Towns add ViLLAms. Town of Uaduon 828 Town of Sun Prairie 832 ' Village of Sun Prairie 833 Town of Eome (extinct) 837 Town of Albion 838 Town of Butjand 839 Town of Dunkirk 841 Village of Stoughton 842 CHAPTER XVIII.— Towns and Viiiaoes (continued). Town of Christiana Sib Town of Cottage Grove 857 Town of Oregon 868 Village of Oregon 860 Town of Montrose ...864 Town of ritohbnrg 868 Town of Springfield 869 Page. OHAPTBK ■S.yill—Oonlhmed. Town of Verona 371 Town of Clarkson (extinct) 872 Town of Windsor 873 Town of Cross Plains 8T4 CHAPTER XIX.— Towns and Villages (continued). Town of Blue Mounds 879 Town of Bristol 882 Town of Dane 885 Town of Dunn 886 Town of Black Earth 888 Village of Black Earth 889 Town of Medina 896 Village of Marshall 897 Village of Deansville 898 Town of Middleton 899 Page. OHAPTBE XIX— Omtinued. Town of Pleasant Springs 910 Town of Springdale 911 Town of York 913 CHAPTER XX.— Towns and Villages (continued). Town of Deorfield 91B Town of Primrcse 916 Town of Roxbury 918 Town of Vienna 918 Town of Westport 922 Town of Berry 928 Town of Blooming Grove 926 Town of Perry 929 Town of Burke 9.31 Town of Vermont. 932 Town of Mazomanie..,...- 934 Village of Mazomanie 936 BIOORAPMICAIi SKETCHES. Page. Albion 1182 Bristol 1102 Berry 1265 Black Earth 1260 Burke 1287 Blue Mounds 1222 Blooming Grove 1069 Cottage Grove 1121 Christiana 1169 Cross Plains 1113 Dane 1271 Doerfleld 1126 Page. Dunn., 1203 Dunkirk 1149 mtchburg 12S3 Madison 1277 Madison City 947 Mazomanie .1047 Medina 1141 Middleton 1207 Montrose 1083 Oregon ., 1233 Pleasant Springs 1190 Perry 1096 Page, Primrose 1090 Rutland 1197 Boxbury 1274 Springfield 1057 Sun Prairie 1105 Springdale 1227 Vienna 1267 Vermont 1217 Verona 1283 Windsor 1131 Westport 1269 York 1061 POKTRAITS. Page. David Atwood 416 William H. Angell 523 E. B. Anderson 973 E. Brigham 309 J.B. Bowen 461 Thomas Barber 667 D. W. Bronsou 883 G. B. Bryant '..... 955 0. M. Oonover 685 Charles Oronk 1025 Annie B. Oronk 1041 George Dow ■ 559 Lyman 0. Draper , 757 R. B. Davis 991 J. C.Fairohild 379 Page. Ducius Fairchild 469 Caesius Fairchild 613 J. S. Frary 811 John Fitton 919 Mi-s. Hannah Fitton 937 Richard Green 1009 Charles B. Gill 739 0. R. Head 641 Mathew Johnson 901 H. M. Lewis 721 Simeon Mills 343 Mrs. Louisa Mills 361 M.D. Miller 606 E. P. Main 793 T. 6. Mandt 1081 , Page. Rosaline Peck 325 Andrew Proudfit 397 J. B. Parkinson 829 William H. Porter 1063 Luke Stoughton 649 S. L. Sheldon 847 S. H. Severson 1099 W, W. Tredway 677 W. E. Taylor. 695 L, B. Vilas 433 William Vroman 776 Daniel Vernon 866 William Welch 487 E. A. Woodward 631 A. J. Ward 703 Too Lates for Insertion in Proper Place 946 ■ji^i?':f.*vr;- '■ -- llllli | .i.niiiil.uiin each side of the Wisconsin river and forty-eight miles long^ — -still leaving .them in peace- able possession of a country about one hundred and twenty miles long, and about eighty broad. , Finally, in 1848, the Menomonees sold all their lands in Wisconsin to the General Govern- ment, preparatory to their movement to a reservation beyond the Mississippi of six hundred thousand acres ; but the latter tract was afterward re-ceded to the United States; for, notwith- standing there were treaty stipulations for the removal of the tribe to that tract, there were obstacles in the way of their speedy migration, resulting, finally, in their being permitted to remain in Wisconsin. Lands, to the amount of twelve townships, were granted them for their permanent homes, on the upper Wolf river, in what is now Shawano and Oconto counties — a portion, but a very small one, of what was once their extensive possessions. To this reservation they removed in October, 1852. Thus are the Menomonees, the only one of the original tribes of Wisconsin who, as a' whole, have a local habitation within its limits. This tribe refused to join the Sioux in their outbreak in 1861, and several of their warriors served as volunteers in the United States army during the late civil war. It is now over two centuries since the civilized world began to gain knowledge of the exist- ence, in the far West, of a tribe of Indians known as the Winnebagoes — that is, men of the sea; pointing, possibly, to their early migration from the shores of the Mexican gulf, or the Pacific. The territory now included within the limits of Wisconsin, and so much of the State of Michigan as lies north of Green bay. Lake Michigan, the Straits of Mackinaw and Lake Huron were, in early times, inhabited by several tribes of the Algonquin race, forming a barrier to the Dakotas, or Sioux, who had advanced eastward to the Mississippi. But the Winnebagoes, although one of the tribes belonging to the family of the latter, had passed the great river, at some unknown period, and settled upon the head waters of Green bay. Here, this "sea-tribe," as early, it is believed, as 1634, was visited by an agent of France and a treaty concluded with them. The tribe afterward called themselves Hochungara, or Ochunkoraw, but were styled by the Sioux, Hotanke, or Sturgeon. Nothing more is heard of the Ouenibigoutz, or Winnebegouk (as the Winnebagoes were early called by the Jesuit missionaries, and the Algonquin tribes, meaning men from the fetid or salt water, translated by the French, Puants) for the next thirty-five years, although there is no doubt that the tribe had been visited meanwhile by adventurous Frenchmen, when on the second of December, 1669, some of that nation were noted at a Sac (Sauk or Saukis) village on Green bay, by Father Allouez. THE INDIAN TRIBES OF WISCOJiTSlJf. 25 As early at least as 1670, the French were actively engaged among the Winnebagoes trading. " We found affairs," says one of the Jesuit missionaries, who arrived among them in September of that year. " we found affairs there in a pretty bad posture, and the minds of the savages much soured against the French, who were there trading ; ill-treating them in deeds and words, pillag- ing and carrying away their merchandise in spite of them, and conducting themselves toward them with insupportable insolences and indignities. The cause of this disorder," .adds the mis- sionary, " is that they had received some bad treatment from the French, to whom they had this year come to trade, and particularly from the soldiers, from whom they pretended to have received many wrongs and injuries." It is thus made certain that the arms of France were carried into the territory of the Winnebagoes over two hundred years ago. The Fox river of Green bay was found at that date a difficult stream to navigate. Two Jesuits who ascended the river in 1670, had "three or four leagues of rapids to contend with," when they had advanced " one day's journey " from the head of the bay; " more difficult than those which are common in other rivers, in this, that the flints, over which" they had to walk with naked feet to drag their canoes, were so " sharp and so cutting, that one has all the trouble in the world to hold one's self steady against the great rushing of the waters." At the falls they found an idol that the savages honored ; " never failing, in passing, to make him some sacrifice of tobacco, or arrows; or paintings, or other things, to thank him that, by his assistance, they had, in ascending, avoided the dangers of the waterfalls which are in this stream ; or else, if they had to ascend, to pray him to aid them in this perilous navigation." The devout missionaries caused the idol " to be lifted up by the strength of arm, and cast into the depths of the river, to appear no more " to the idolatrous savages. The mission of St. Francis Xavier, founded in December, 1669, by Allouez, was a roving one among the tribes inhabiting the shores of Gi;een bay and the interior country watered by the Fox river and its tributaries, for about two years, when its first mission-house was erected at what is now Depere, Brown county. This chapel was soon after destroyed by fire, but was rebuilt in 1676. The Winnebagoes, by this time, had not only received considerable spiritual instruction from the Jesuit fathers, but had obtained quite an insight into the mysteries of tiading and trafficking with white men ; for, following the footsteps of the missionaries, and sometimes preceding them, were the ubiquitous French fur traders. It is impossible to determine precisely what territory was occupied by the Winnebagoes at this early date, farther than that they lived near the head of Green bay. A direct trade with the French upon the St. Lawrence was not carried on by the Winne- bagoes to any great extent until the beginning of the eighteenth century. As early as 1679, an advance party of La Salle had collected a large store of furs at the mouth of Green bay, doubtless in a traffic with this tribe and others contiguous to them; generally, however, the surrounding nations sold their peltries to the Ottawas, who disposed of them, in turn, to the French. The commencement of the eighteenth century found the Winnebagoes firmly in alliance with France, and in peace with the dreaded Iroquios. In 17 18, the nation numbered six hundred. They were afterward found to have moved up Fox river, locating upon Winne- bago lake, which stream and lake were their ancient seat, and from which they had been driven either by fear or the prowess of more powerful tribes of the West or Southwest. Their inter- course with the French was gradually extended and generally peaceful, though not always so, joining with them, as did the Menomonees, in their wars with the Iroquois, and subsequently in their conflicts with the English, which finally ended in 1760. When the British, in October, 1761, took possession of the French post, at the head of ^^ HISTORY OF "WISCONSIN. Green bay, the Winnebagoes were found to number one hundred and fifty warriors only ; their nearest village being at the lower end of Winnebago lake. They had in all not less than three towns. Their country, at this period, included not only that lake, but all the streams flowing into it, especially Fox river; afterward extended to the Wisconsin and Rock rivers. They readily changed their course of trade — asking now of the commandant at the fort for English traders to be sent among them. In the Indian outbreak under Pontiac in 1763, they joined with the Menomonees and other tribes to befriend the British garrison at the head of the bay, assisting in conducting them to a place of safety. They continued their friendship to the English during the Revolution, by joining with them against the colonies, and were active in the Indian war of 1790-4, taking part in the attack on Fort Recovery, upon the Maumee, in the present State of Ohio, in 1793. They fought also on the side of the British in the war of 1812-15, aiding, in 1814, to reduce Prairie du Chien. They were then estimated at 4,500. When, in 1816, the government of the United States sent troops to, take possession of the Green bay country, by establishing a garrison there, some trouble was anticipated from these Indians, who, at that date, had the reputation of being a bold and warlike tribe. A deputation from the nation came down Fox river and remonstrated with the American commandant at what was thought to be an intrusion. They were desirous of knowing why a fort was to be established so near them. The reply was that, although the troops were armed for war if necessary, their purpose was peace. Their response was an old one : " If your object is peace, you have too many men ; if war, you have too few." However, the display of a number of cannon which had not yet been mounted, satisfied the Winnebagoes that the Americans were masters of the situation, and the deputation gave the garrison no farther trouble. On the 3d of June, 1816, at St. Louis, the tribe made a treaty of peace and friendship with the General Government; but they continued to levy tribute on all white people who passed up Fox river. English annuities also kept up a bad feeling. At this time, a portion of the tribe was living upon the Wisconsin river, away from the rest of the nation, which was still seated upon the waters flowing into Green bay. In 1820^ they had five villages on Winnebago lake and fourteen on Rock river. In 1825, the claim of the Winnebagoes was an extensive one, so far as territory was concerned. Its southeast boundary stretched away from the source of Rock river to within forty miles of its mouth, in Illinois, where they had a village. On the west it extended to the heads of the small streams, flowing into the Mississippi. To the northward, it reached Black river and the upper Wis- consin, in other words, to the Chippewa territory, but did not extend across Fox river, although they contended for the whole of Winnebago lake. In 1829, a large part of their territory in southwest Wisconsin, lying between Sugar river and the Mississippi, and extending to the Wis- consin river, was sold to the General Government ; and, three years later all the- residue lying south and east of the Wisconsin and the Fox river of Green bay ; the Winnebago prophet having before that date supported the Sacs in their hostility. Finally, in the brief language of the treaty between this tribe (which had become unsettled and wasteful) and the United States, of the first of November, 1837, "The Winnebago Nation of Indians " ceded to the General Government " all their lands east of the Mississippi." Not an acre was reserved. And the Indians agreed that, within eight months from that date, they would move' west of " the great river." This arrangement, however, was not carried out fully. In 1842, there were only 756 at Turkey river, Iowa, their new home, with as many in Wisconsin, and smaller bands e':e where. All had become lawless, and roving. Some removed in 1848; while a party to the number of over eight hun- dred left the State as late as 1873. The present home of the tribe is in Nebraska, where they have a reservation north of and adjacent to the Omahas, containing over one hundred thousand acres. However, since their first removal beyond the Mississippi, they have several times THE INDIAN TEIBES OF WISCONSIN. 27 changed their place of abode. Their number, all told, is less than twenty-five hundred. When the territory, now constituting the northern portion of Wisconsin, became very generally known to the civilized inhabitants of the eastern part of the United States, it was found to be occupied by Indians called the Chippewas. Their hunting-grounds extended south from Lake Superior to the heads of the Menomonee, the Wisconsin and Chippewa rivers ; also farther eastward and westward. At an early day they were engaged in a war with the Sioax — a war indeed, which was long continued. The Chippewas, however, persistently maintained their position — still occupying the same region when the General Government extended its jurisdiction over the whole country south of the Great Lakes and west to the Mississippi. By treaties with the Chippewas at different periods, down to the year 1827, the General Gov- ernment had recognized them as the owners of about one quarter of what is now the entire State. The same policy was pursued toward this tribe as with neighboring ones, in the purchase of their lands by the United States. Gradually they parted with their extensive possessions, until, in 1842, the last acre within what is now Wisconsin was disposed of. It was the intention of the General Government to remove the several bands of the Chippewas who had thus ceded their lands to a tract reserved for them beyond the Mississippi; but this determination was afterward changed so as to allow them to remain upon certain reservations within the limits of their old- time hunting grounds. These reservations they continue to occupy. They are located in Bay- field, Ashland, Chippewa and Lincoln counties. The clans are known, respectively, as the Red Cliff band, the Bad River band, the Lac Courte Oreille band, and the Lac de Flambeau band. Of all the tribes inhabiting what is now Wisconsin when its territory was first visited by white men, the Sacs (Sauks or Saukies) and Foxes (Outagamies) are, in history, the most noted. They are of the Algonquin family, and are first mentioned in 1665, by Father Allouez, but as separate tribes. Afterward, however, because of the identity of their language, and their asso- ciations, they were and still are considered as one nation. In December, 1669, Allouez found upon the shores of Green bay a village of Sacs, occupied also by members of other tribes ; and early in 1670 he visited a village of the same Indians located upon the Fox river of Green bay, at a distance of four leagues from its mouth. Here a device of these Indians for catching fish arrested the attention of the missionary. " From one side of the river to the other," he writes, "they made a barricade, planting great stakes, two fathoms from the water, in such a manner that there is, as it were, a bridge above for the fishes, who by the aid of a little bow-net, easily take sturgeons and all other kinds of fish which this pier stops, although the water does not cease to flow between the stakes." When the Jesuit father first obtained, five years previous, a knowledge of this tribe, they were represented as savage above all others, great in numbers, and without any permanent dwelling place. The Foxes wore of two stocks : one calling themselves Outagamies or Foxes, whence our English name ; the other, Musquakink, or men of red clay, the name now used by the tribe. They lived in early times with their kindred the Sacs east of Detroit, and as some say near the St. Lawrence. They were driven west, and settled at Saginaw, a name derived from the Sacs. Thence they were forced by the Iroquois to Green bay ; but were compelled to leave that place and settle on Fox river. Allouez, on the twenty-fourth of April, 1670, arrived at a village of the Foxes, situated on Wolf river, a northern tributary of the Fox. "The nation," he declares, "is renowned for being numerous ; they have more than four hundred men bearing arms ; the number of women and children is greater, on account of polygamy which exists among them — each man having commonly four wives, some of them six, and others as high as ten." The missionary found that the Foxes had retreated to those parts to escape the persecutions of the Iroquois. Allouez established among these Indians his mission of St. Mark, rejoicing in the fact that in less than ^8 HISTOEY OF WISCONSIN. two years he had baptized "sixty children and some adults." The Foxes, at the summons of De la Barre, in 1684, sent warriors, against the Five Nations. They also took part in Denonville's more serious campaign ; but soon after became hostile to the French. As early as 169.3, they had plundered several on their way to trade with the Sioux, alleging that they were carrying arms and ammunition to their ancient enemies — frequently causing them to make portages to the southward in crossing from Lake Michigan to the Mississippi. Afterward they became recon- ciled to the French; but the reconciliation was of short duration. In 1712, Fort Detroit, then defended by only a handful of men, was attacked by them in conjunction with the Mascou- tens and Kickapoos. However, in the end, by calling in friendly Indians, the garrison not only protected themselves but were enabled to act on the ofiFensive, destroying the greater part of the besieging force. The nation continued their ill will to the French. The consequence was that their territory in 1716 had been invaded and they were reduced to sue for peace. But their friendship was not of long continuance. In 17 18, the Foxes numbered five hundred men and "abounded in women and children." They are spoken of at that date as being very industrious, raising large quantities of Indian corn. In 1728, another expedition was sent against them by the French. Meanwhile the Menomonees had also become hostile; so, too, the Sacs, who were now the allies of the Foxes. The result of the enterprise was, an attack upon and the defeat of a number of Menomonees ; the burning of the wigwams of the Winnebagos (after passing the deserted village of the Sacs upon the Fox river), that tribe, also, at this date being hostile ; and the destruction of the fields of the Foxes. They were again attacked in their own country by the French, in 1730, and defeated. In 1734, both the Sacs and Foxes came in conflict with the same foe; but this time the French were not as successful as on previous expeditions. In 1736, the Sacs and Foxes were "connected with the government of Canada;," but it is certain they were far from being friendly to the French. The conflict between France and Great Britain commencing in 1754, found the Sacs and Foxes allied with the former power, against the English, although not long previous to this time they were the bitter enemies of the French. At the close of that contest so disastrous to the interests of France in North America, these tribes readily gave in their adhesion to the con- querors, asking that English traders might be sent them. The two nations, then about equally divided, numbered, in 1761, about seven hundred warriors. Neither of the tribes took part in Pontiac's war, but they befriended the English. The Sacs had migrated farther to the west- ward; but the Foxes — at least a portion of them — still remained upon the waters of the river of Green bay, which perpetuates their name. A few years later, however, and the former were occupants of the upper Wisconsin; also, to a considerable distance below the portage, where their chief town was located. Further down the same stream was the upper village of the Foxes, while their lower one was situated near its mouth at the site of the present city of Prairie du Chien. At this date, 1766, the northern portiqn of what is now Wisconsin, including all that part watered by the streams flowing north into Lake Superior, was the home of the Chippewas. The country around nearly the whole of Green bay was the hunting ground of the Menomonees. The territory of Winnebago lake and Fox river was the seat of the Winnebagoes. The region of the Wisconsin river was the dwelling place of the Sacs and Foxes. During the war of the Revolution, the Sacs and Foxes continued the firm friends of the English. At the commencement of the nineteenth century, only a small part of their territory was included in what is now Wisconsin, and that was in the extreme southwest. In 1804, they ■ceded this to the United States ; so that th6y no longer were owners of any lands within this State. From that date, therefore, these allied tribes can not be considered as belonging to the PRE-TEEEITOEIAL ANiSTALS OF WISCOIs'SIN. 29 Indian nations of Wisconsin. A striking episode in their subsequent history — the Black Hawk War — comes in, notwithstanding, as a part, incidentally, of the annals of the State. Deserving a place in a- notice of the Indian tribes of Wisconsin is the nation known as the POTTAWATTAMiEs. As early as 1639, they were the neighbors of the Winnebagoes upon Green bay. They were still upon its southern shore, in two villages, in 1670 ; and ten years subsequent to that date they occupied, at least in one village the same region. At the expiration of the first quarter of the eighteenth century, a part only of the nation were in that vicinity -— upon the islands at the mouth of the bay. These islands were then known as the Pottawattamie islands, and considered as the ancient abode of these Indians. Already had a large portion of this tribe emigrated southward, one band resting on the St. Joseph of Lake Michigan, the other near Detroit. One peculiarity of this tribe — at least of such as resided in what is now Wisconsin — was their intimate association with neighboring bands. When, in 1669, a village of the Pottawattamies, located upon the southeast shore of Green bay, was visited by AUouez, he found with them Sacs and Foxes and Winnebagoes. So, also, when, many years subsequent to that date, a band of these Indians were located at Milwaukee, with ttiem were Ottawas and Chippewas. These " united tribes " claimed all the lands of their respective tribes and of other nations, giving the United States, when possession was taken of the western country by the General Government, no little trouble. Finally, by a treaty, held at Chicago in 1833, their claims, such as they were, to lands along the western shore of Lake Michigan, within the present State of Wisconsin, extending westward to Rock river, were purchased by the United States, with permission to retain possession three years longer of their ceded lands, after which time this " united nation of Chippewas, Ottawas and Pottawattamies " began to disappear, and soon were no longer seen in southeastern Wisconsin or in other portions of the State. Besides the five tribes — Menomonees, Winnebagoes, Chippewas, Sacs and Foxes, and Pottawattamies — many others, whole or in part, have, since the territory now constituting the State was first visited by white men, been occupants of its territory. Of these, sorne are only known as having once lived in what is now Wisconsin ; others — such as the Hurons, Illinois, Kickapoos, Mascoutens, Miamis, Noquets, Ottawas and Sioux, are rec(fgnized as Indians once dwelling in this region ; yet so transitory has been their occupation, or so little is known of their history, that they scarcely can be claimed as belonging to the State. Commencing in 1822, and continuing at intervals- through some of the following years, was the migration to Wisconsm from the State of New York of the remains or portions of four tribes ; the Oneidas, Stockbridges, Munsees and Brothertowns. The Oneidas finally located west of Green Bay, where they still reside. Their reservation contains over 60,000 acres, and lies wholly within the present counties of Brown and Outagamie. The Stockbridges and Munsees, who first located above Green Bay, on the east side of Fox river, afterward moved to the east side of Winnebago lake. They now occupy a reservation joining the southwest township of the Menomenee reservation, in Shawano county, and are fast becoming citizens. The Brothertowns first located on the east side of Fox river, but subsequently moved to the east side of Winnebago lake, where, in 1839, they broke up their tribal relations and became citizens of Wisconsin territory. III.— PRE-TERRITORIAL ANNALS OF WISCONSIN. When, in 1634, the first white man set foot upon any portion of the territory now consti- tuting the State of Wisconsin, the whole country was, of course, a wildcness. Its inhabitants, the aboriginal Red men, were thinly but widely scattered over all the country. John Nicolet, a Frenchman, who had been in Canada since 1618, and had spent several years among the ^^ HISTORY or WISCON'SIN. Indians, was the first of civilized men to unlock the mystery of its situation and people. French authorities upon the St. Lawrence sent him as an ambassador to the Winnebagoes, of whom he had heard strange stories. On his outward voyage he yisited the -Hurons— allies of the French — a tribe seated upon the eastern side of the lake which bears their name, and Nicolet was empowered to negotiate a peace with them. " When he approached the Winnebago town, he sent some of his Indian attendants to announce his coming, put on a robe of damask, and advanced to meet the expectant crowd with a pistol in each hand. The squaws and children fled, scream- ing that it was a manito, or spirit, armed with thunder and lightning ; but the chiefs and warriors, regaled him with so bountiful a hospitality, that a hundred and twenty beavers were devoured at a single feast." Such was the advent of the daring Frenchman into what is now the State of Wisconsin. " Upon the borders of Green bay," wrote the Jesuit, Paul le Jeune,in 1640, " are the Meno- monees; still farther on, the Winnebagoes, a sedentary people, and very numerous. Some Frenchmen," he continues, " call them the ' Nation of the Stinkards,' because the Algonquin word Winipeg signifies ' stinking water.' Now they thus call the water of the sea ; therefore^ these people call themselves ' Winnebagoes,' because they came from the shores of a sea of which we have no knowledge ; consequently we must not call them the ' Nation of Stinkards,' but the ' Nation of the Sea.' " From these Men of the Sea, Nicolet passed westward, ascended Fox river of Green Bay, until nigh the portage to the Wisconsin, down which stream he could have floated easily to the Mississippi, the "great water" of his guides, which he mistook for the sea. This adventurous Frenchman, when so near re-discovering the river which has given immortality to De Soto, turned his face to the eastward ; retraced his steps to Green bay, and finally returned in safety to Quebec. This was the first exploration of what is now Wisconsin — only fourteen years after the landing of the Pilgrims upon the wild shores of New England. Wisconsin, for twenty-four years after its discovery, was left to its savage inhabitants. At length, in 1658, two daring fur traders penetrated to Lake Superior, and wintered there. They probably set foot upon what is now Wisconsin soil, as they made several trips among the sur- rounding tribes. They saw, among other things, at six days' journey beyond the lake, toward the southwest, Indians that the Iroquois had driven from their homes upon the eastern shores of Lake Huron. These Frenchmen heard of the ferocious Sioux, and of a great river — not the sea, as Nicolet had supposed — on which they dwelt. This was the Mississippi ; and to these traders is the world indebted for a knowledge of its existence; as De Soto's discovery was never used, and soon became well-nigh, if not entirely, forgotten. From these upper countries, in the Sum- mer of 1660, the two returned to Quebec, with three hundred Indians in sixty canoes, laden with peltry. This was, indeed, the dawn — though exceedingly faint — of what is now the commerce of the great Northwest. Nineteen years after flashed a more brilliant light; for, in 1679, the " Griffin," laden with furs, left one of the islands at the mouth of Green bay, on its return spreading her sails for Niagara, but never more to be heard of. Following in the footsteps of the fur traders came the Jesuit missionaries to Lake Superior • one of them. Father Menard, as early as 1660, reaching its southern shore as far to the westward^ probably, as Kewenaw, in the present State of Michigan. There is no positive evidence, however that he or his French companions, visited any portion of what is now Wisconsin ; although the next- year, 1661, some of his associates probably passed down the Menomonee river to Green bay. Following Menatd came Father Claude Allouez, arriving on the first day of October, 1665, at " Chagowamigong," or "Chegoimegon," now Chequamegon, or Ashland Bay, " at the bottom of which," wrote the missionary, " is situated the great villages of the savages, who there plant their fields of Indian corn, and lead a stationary life." Near by he erected a small chapel of bark — the PRE-TERRITORIAL ANNALS Or WISCOKSIX. 31 iirst structure erected by civilized man in Wisconsin. At La Pointe, in the present Ashland county, he established the mission of the Holy Ghost. The next Catholic mission in what' is now Wisconsin was that of St. Francis Xavier, founded also by AUouez. Upon the second of December, 1669, he first attended to his priestly devotions upon the waters of Green bay. This mission, for the first two years of its existence, was a migratory one. The surrounding tribes were all visited, including the Pottawattamies, Menom- onees, Winnebagoes, and Sacs and Foxes. However, in 1 671, one hundred and five years before the Declaration of Independence, there was erected, at what is now Depere, Brown county, a chapel for the mission of St. Francis Xavier. Thus early did the Jesuit Fathers, in their plain garbs and unarmed, carry the cross to many of the benighted heathen occupying the country circumscribed by Lakes Michigan, Huron and Superior, and the "great river" — the Mississippi. French domination in Wisconsin dates from the year 1671, the very year in which it seems the indomitable LaSalle, upon his first expedition, passed the mouth of Green bay, but did not enter it. France then took formal possession of the whole of the country of the upper lakes. By this time, the commerce with the western tribes had so attached them to her interests that she determined to extend her power to the utmost limits — vague and indeterminate as they were — of Canada. , An agent — Daumont de St. Lusson — was dispatched to the distant tribes, proposing a congress of Indian nations at the Falls of Ste. Mary, between Lake Huron and Lake Superior. The invitation was extended far and near. The principal chiefs of Wisconsin tribes, gathered by Nicolas Perrot in Green bay, were present at the meeting. Then and there, with due ceremony, it was announced that the gVeat Northwest was placed under the protection of the French government. And why not .'' She had discovered it — had to a certain extent explored it — had to a limited extent established commerce with it — and her missionaries had proclaimed the faith to the wondering savages. But none of her agents — none of the fur- traders — none of the missionaries — had yet reached the Mississippi, the " great river," concerning which so many marvels had been heard, although it is claimed that, in 1669, it had been seen by the intrepid La Salle. But the time for its discovery, or properly re-discovery, was at hand, if, indeed, it can be called, with propriety, a re-discovery, since its existence to the westward was already known to every white man particularly interested in matters appertaining to the North- west. Now, however, for the first time, its upper half was to be, to a certain extent, explored. For the first time, a white man was to behold its vast tribute, above the Illinois river, rolling onward toward the Mexican gulf Who was that man .' His name was Louis Joliet ; with him was Father James Marquette. Born at Quebec, in 1645, educated by the Jesuits, and first resolving to be a priest, then turning fur-trader, Joliet had, finally, been sent with an associate to explore the copper mines of Lake Superior. He was a man of close and intelligent observation, and possessed considerable mathematical acquirements. At this time, 1673, he was a merchant, courageous, hardy, enter- prising. He was appointed by French authorities at Quebec to " discover " the Mississippi. He passed up the lakes to Mackinaw, and found at Point St. Ignace, on the north side of the strait, Father James Marquette, who readily agreed to accompany him. Their outfit was very simple : two birch-bark canoes and a supply of smoked meat and Indian corn. They had a company of five men with them, beginning their voyage on the seventeenth of May, 1673. Passing the straits, they coasted the northern shores of Lake Michigan, moved up Green bay and Fox river to the portage. They crossed to the Wisconsin, down which they paddled their frail canoes, until, on the seventeenth of June, they entered — "discovered" — the Mississippi. So the northern, the eastern and the western boundary of what is now Wisconsin had been reached at this date ; therefore, it maybe said that its territory had been explor>.d sufficiently for the forming of a ^^ HISTOEY or WISCONSIN. pretty correct idea of its general features as well as of its savage inhabitants. After dropping down the Mississippi many miles, Joliet and Marquette returned to Green bay, where the latter remained to recruit his exhausted strength, while Joliet descended to Quebec, to report his "discoveries" to his superiors. Then followed the expedition of LaSalle to the west, from the St. Lawrence, when, m 1679, he and Father Louis Hennepin coasted along the western shore of Lake Michigan, frequently landing ; then, the return of Henri de Tonty, one of LaSalle's party down the same coast to Green bay, in 1680, from the Illinois; the return, also, the same year, of Hennepin, from up the Mis- sissippi, whither he had made his way from the Illinois, across what is now Wisconsin, by the Wisconsin and Fox rivers to Green bay, in company with DuLhut, or DuLuth, who, on his way down the " great river " from Lake Superior, had met the friar ; and then, the voyage, in 1683, from Lake Michigan to the Mississippi river, by the same route, of LeSueur, and his subsequent establishment at La Pointe, in what is now Ashland county, Wisconsin, followed several years after by a trip up the Mississippi. The act of Daumont de St. Lusson, at the Sault Sainte Mary, in 1671, in taking possession of the country beyond Lake Michigan, not being regarded as suffi- ciently definite, Nicolas Perrot, in 1689, at Green bay, again took possession of that territory, as well as of the valleys of the Fox and Wisconsin rivers, and extending the dominion of New France over the country on the Upper Mississippi, and "to other places^ more remote." The voyage of St. Cosrae, in 1699, when he and his companions frequently landed on the west coast of Lake Michigan, upon what is now territory of Wisconsin, completed the explorations in the west for the seventeenth century. Following in the footsteps of early explorations, of self sacrificing attempts of the Jesuits to carry the cross to the wild tribes of the West, of the first visits of the lawless coureurs de bois, was the military occupation — if such it can be called — of what is now Wisconsin by the French. The ninety years of domination by France in this region were years of only nominal possession. The record of this occupation is made up of facts concerning the Indian policy of the French rulers ; their contests with the Sacs and Foxes ; their treaties, at various times, with different tribes ; their interest in, and protection of, the fur trade , and kindred subjects. The Indian tribes were, at most, only the allies of France. Posts — mere stockades without cannon, more for protection to fur-traders than for any other purpose — were erected upon the Mississippi at two points at least, upon what is now territory of Wisconsin. On the west side of Fox river of Green bay, " half a league from its mouth," was a French post, as early as 1721, where resided, besides the commandant and an uncouth squad of soldiers, a Jesuit missionary ; and near by were collected Indians of different tribes. Of course, the omnipresent fur-trader helped to augment the sum-total of its occupants. This post was, not long after, destroyed, but another was established there. When, however, France yielded her inchoate rights in the West to Great Britain — when, in 1761, the latter took possession of the country — there was not a French post within what is now Wisconsin. The " fort " near the head of Green bay, had been vacated for some years; it was found "rotten, the stockade ready to fall, and the houses without cover;" emblematic of the decay— the fast-crumbling and perishing state— of French supremacy, at that date, in America. Wisconsin, when England's control began, was little better than a howling wilderness. There was not within the broad limits of what is now the State, a single bona fide settler, at the time the French Government yielded up its possession to the English ; that is to say, there were none according to the present acceptation of the term "settler." The military occupation of Wisconsin by the British, after the Seven Years' War, was a brief one. La Bay — as the post at what is now the city of Fort Howard, Brown county, was called — was, on the twelfth of October, 1761, taken possession of by English troops, under Captain Belfour, of the Eightieth regiment. Two days after, that officer departed, leaving Lieutenant PRE-TEEEITOBIAL AN^:N^ALS OF WISCON'SO. 33 James Gorrell, in command, with one sergeant, one corporal and fifteen privates. There also remained at the post a French interpreter and two English traders. The name of the fortifica- tion was changed to Fort Edward Augustus. This post was abandoned by the commandant on the twenty-first of June, 1763, on account of the breaking out of Pontiac's War and the capture of the fort at Mackinaw by the savages. The cause of this war was this : The Indian tribes saw the danger which the downfall of the French interests in Canada was sure to bring to them. ^ They banded together under Pontiac to avert their ruin. The struggle was short but fierce — • full of " scenes of tragic interest, with marvels of suffering and vicissitude, of heroism and endur- ance ; " but the white man conquered. The moving incidents in this bloody drama were enacted to the eastward of what is now Wisconsin, coming no nearer than Mackinaw, which, as just mentioned, the savages captured ; but it resulted in the evacuation of its territory by British troops, who never after took possession of it, though they continued until 1796 a nominal military rule over it, after Mackinaw was again occupied by them. An early French Canadian trading station at the head of Green bay assumed finally the form of a permanent settlement — the first one in Wisconsin. To claim, however that any French Canadian is entitled to the honor of being the first permanent white settler is assuming for him more than the facts seem to warrant. The title of " The Father and Founder of Wis- consin" belongs to no man. After Pontiac's War, one of the noted events in this region was the journey of Jonathan Carver, who, in 1766, passed up Fox river to the portage, and descended the Wisconsin to the Mississippi. He noticed the tumbling-down post at what is now Green Bay, Brown county. He saw a few families living in the fort, and some French settlers, who cultivated the land opposite, and appeared to live very comfortably. That was the whole extent of improvements in what is now Wisconsin. The organization of the Northwest Fur Company ; the passage of an act by the British Parliament by which the whole Northwest was included in the Province of Quebec ; the joining of the Iridians in this region with the British, against the Americans, in the War of the Revolution; the exploration of the lead region of the Upper Mississippi by Julian Dubuque; the passage of the ordinance of 1787 ; the first settlement of the territory ^lorthwest of the River Ohio; and the Indian war which followed, are all incidents, during British occu- pation, of more or less interest for the student of Wisconsin history. He will find that, by the treaty of 1783 and of 1795, with Great Britain, all the inhabitants residing in this region were to be protected by the United States in the full and peaceable possession of their property, with the right to remain in, or to withdraw from it, with their effects, within one year. All who did not leave were to be deemed American citizens, allowed to enjoy all the privileges of citizenship, and to be under the protection of the General Government. He will also find that less than two years was the whole time of actual military occupation of what is now Wisconsin by British soldiers, and that English domination, which should have ended at the close of the Revolu- tion, was arbitrarily continued until the Summer of 1796, when the western posts, none of which were upon territory circumscribed by Lakes Michigan and Superior and the Mississippi river, were delivered into the keeping of the United States. Thus the supremacy of Great Britain over the Northwest was, after an actual continuance of thirty-five years, at an end. Although the General Government did not get possession of the region northwest of the Ohio, throughout its full extent, for thirteen years subsequent to its acquirement by the treaty of peace of 1783 with Great Britain, nevertheless, steps were taken, very soon, to obtain concessions from such of the colonies as had declared an ownership in any portion of it. None of the claimants, seemingly, had better rights than Virginia, who, by virtue of conquests, largely her own, of the Illinois settlements and posts, extended her jurisdiction over that country, erecting into a county 84 HISTOKY OF WISCONSIN. so much of the region northwest of the Ohio, as had been settled by Virginians or might after- ward be settled by them. But as, previous to her yielding all rights to territory beyond that river, she had not carried her arms into the region north of the Illinois or made settlements upon what is now the soil of Wisconsin, nor included any portion of it within the bounds of an organ- ized county, it follows that her dominion was not actually extended over any part of the area included within the present boundaries of this State; nor did she then claim jurisdiction north of the Illinois river, but on the other hand expressly disclaimed it. Virginia and all the other claimants finally ceded to the United States their rights, such as they were, beyond the Ohio, except two reservations of limited extent ; and the General Govern- ment became the undisputed owner of the " Great West," without any internal claims to posses- sion save those of the Indians. Meanwhile, the United States took measures to extend its juris- diction over the whole country by the passage of the famous ordinance of 1787, which established a government over "the territory of the United States, northwest of the River Ohio." But this organic law was, of course, nugatory over that portion of the region occupied by the British, until their yielding possession in 1796, when, for the first time, Anglo-American rule commenced, though nominally, in what is now Wisconsin. By the ordinance just mentioned, "the United States, in congress assembled," declared that the territory northwest of the Ohio should, for the purposes of temporary government, be one district , subject, however, to be divided into districts, as future circumstances might, in the opinion of Congress, make it expedient. It was ordained that a governor, secretary and three judges should be appointed for the Territory; a general assembly was also provided for ; and it was declared that religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education should forever be encouraged. It was also ordained that there should be neither slavery nor involuntary servitude in the said Territory, " otherwise than in the punishment of crimes whereof the party shall have been duly convicted." Thus was established the first Magna Charta for the five great States since that ti-ne formed out of "the territory northwest of the River Ohio," and the first rules and regulations for their government. Under this act of Congress, Arthur St. Clair was appointed governor of the Northwestern Territory, as it was called, and Samuel H. Parsons, James M. Varnum, and John Armstrong, judges, — the latter not accepting the office, John Cleves Symmes was appointed in his place. Winthrop Sargeant was appointed secretary. At different periods, counties were erected to include various portions of the Territory. By the governor's proclamation of the 15th of August, 1796, one was formed to include the whole of the present area of Northern Ohio, west of Cleveland ; also, all of what is now the State of Indiana, north of a line drawn from Fort Wayne " west-northerly to the southern part of Lake Michigan ; " the whole of the present State of Michigan, except its extreme northwest corner on Lake Superior; a small corner in the north- east, part of what is now Illinois, including Chicago ; and so much of the present State of Wis- consin as is watered by the streams flowing into Lake Michigan, which of course included an extensive portion, taking in many of its eastern and interior counties as now constituted. This vast county was named Wayne. So the few settlers then at the head of Green bay had their local habitations, constructively at least, in " Wayne county, Northwestern Territory." It was just at that date that Great Britain vacated the western posts, and the United States took quiet possession of them. But the western portion of what is now Wisconsin, including all its territory watered by streams flowing northward into Lake Superior, and westward and southwestward into the Mississippi, was as yet without any county organization ; as the county of St. Clair, including the Illinois country to the southward, reached no farther north than the mouth of Little Macki- naw creek, where it empties into the River Illinois, in Vhat is now the State of Illinois. The PKE-TEEEITORIAL ANNALS OF WISCONSIN. 35 "law of Paris," which was in force under French domination in Canada, and which by the British Parliament in 1774, had been continued in force under English supremacy, was still " the law of the land " west of Lake Michigan, practically at least. From and after the fourth day of July, 1800, all that part of the territory of the United States northwest of the Ohio river, which lay to the westward of a line beginning upon that stream opposite to the mouth of Kentucky river and running thence to what is now Fort Recovery in Mercer county, Ohio ; thence north until it intersected the territorial line between the United States and Canada, was, for the purposes of temporary government, constituted a separate territory called Indiana. It included not only the whole of the present State of Illinois and nearly all of what is now Indiana, but more than half of the State of Michigan as now defined, also a considerable part of the present Minnesota, and the whole of what is now Wis- consin. The seat of government was established at "Saint Vincennes on the Wabash," now the city of Vincennes, Indiana. To this extensive area was added " from and after " the admission of Ohio into the Union, all the territory west of that State, and east of the eastern boundary line of the Territory of Indiana as originally established ; so that now all " the territory of the United States, northwest of the River Ohio," was, excepting the State of Ohio, included in Indiana Ter- ritory. On the thirtieth day of June, 1805', so much of Indiana Territory as lay to the north of a liiia drawn east from the southerly bend or extreme of Lake Michigan to Lake Erie, and east of a line drawn from the same bend through the middle of the first mentioned lake to its north- ern extremity, and thence due north to the northern boundary of the United States, was, for the purpose of temporary government, constituted a separate Territory called Michigan. Of course no part of the present State of Wisconsin was included therein ; but the whole remained in the Territory of Indiana until the second day of March, 1809, when all that part of the last men- tioned Territory which lay west of the Wabash river, and a direct line drawn from that stream and " Post Vincennes," due north to the territorial line between the United States and Canada, was, by an act approved on the third of February previous, constituted a separate Territory, called Illinois. Meanwhile jurisdiction had been extended by the authorities of Indiana Territory over the country lying west of Lake Michigan, to the extent, at least, of appointing a justice of the peace for each of the settlements of Green Bay and Prairie du Chien. All of what is now Wisconsin was transferred to the Territory of Illinois, upon the organization of the latter, except a small portion lying east of the meridian line drawn through Vincennes, which remained a part of Indiana Territory. This fraction included nearly the whole area between Green bay and - Lake Michigan. , When, in 18 16, Indiana became a State, " the territory of the United States northwest of the River Ohio," contained, besides Ohio and Indiana, the Territories of Illinois and Michigan, only ; so the narrow strip, formerly a part of Indiana Territory, lying east of a line drawn due north from Vincennes, and west of the western boundary line of Michigan Territory, belonged to nei- ther, and was left without any organization. However, upon the admission of Illinois into the Union, in 1818, all "the territory of the United States, northwest of the River Ohio," lying west of Michigan l"erritory and north of the States of Indiana and Illinois, was attached to and made a part of Michigan Territory ; by which act the whole of the present State of Wisconsin came under the jurisdiction of the latter. During the existence of the Territory of Illinois, a kind of jurisdiction was had over the two settlements in what is now Wisconsin — rather more ideal than real, however. In 1834, Congress greatly increased the limits of the Territory of Michigan, by adding to it, for judicial purposes, a large extent of country west of the Mississippi — reaching south as far as 86 HISTOET OF WISCONSIN. the present boundary line between the present States of Iowa and Missouri ; north, to the terri- torial line between the United States and Canada ; and west, to the Missouri and White Earth rivers. It so continued down to the fourth of July, 1836. A retrospective glance at the history of this region for forty years previous to the last men- tioned year, including the time which elapsed after the surrender of the western posts, in 179 . by the British, discloses many facts of interest and importance. The Anglo-Americans, not long after the region of country west of Lake Michigan became a part of Indiana Territory, began now and then to cast an eye, either through the openmg of the Great Lakes or the Mississippi, upon its rolling rivers, its outspread prairies, and its dense forests, and to covet the goodly land ; but the settlers at Green Bay and Prairie du Chien were mostly French Canadians at this date, although a few were Americans. The General Govern- ment, however, began to take measures preparatory to its occupation, by purchasing, m 1004, a tract in what is now the southwest portion of the State, of the Indians, and by holding the various tribes to a strict account for any murders committed by them on American citizens passing through their territories or trading with them. Comparative peace reigned in the incipient settle- ments at the head of Green bay and at the mouth of the Wisconsin, which was changed by the breaking out of the war of 181 2, with Great Britain. The English early succeeded in securing the Wisconsin Indian tribes as their allies m this war ; and the taking of Mackinaw by the British in July, 1812, virtually put the latter m posses- sion of what is now the eastern portion of the State. Early in 1814, the government authorities of the United States caused to be fitted out at St. Louis a large boat, having on board all the men that could be mustered and spared from the lower country, and sent up the Mississippi to protect the upper region and the few settlers therein. The troops landed at Prairie du Chien, and immediately proceeded to fortify. Not long after. Colonel McKay, of the British army, crossing the country by course of the Fox and Wisconsin rivers, with over five hundred British and Indians, received the surrender of the whole force. The officers and men were paroled and sent down the river. This was the only battle fought upon Wisconsin soil during the last war with England. The post at Prairie du Chien was left in command of a captain with two compa- nies from Mackinaw. He remained, there until after the peace of 1815, when the place was evacuated by the British.' When it became generally known to the Indian tribes in what is now Wisconsin, that the contest between the United States and Great Britain was at an end, they generally expressed themselves as ready and willing to make treaties with the General Government — eager, in fact, to establish friendly relations with the power they had so recently been hostile to. This was,_ therefore, a favorable moment for taking actual possession of the country between the Missis- sippi and Lake Michigan ; and United States troops were soon ordered to occupy the two prom- inent points between Green Bay and Prairie du Chien. At the former place was erected Fort Howard ; at the latter Fort Crawford. At Green Bay, half a hundred (or less) French Cana- dians cultivated the soil; at Prairie du Chien, there were not more than thirty houses, mostly occupied by traders, while on the prairie outside the village, a number of farms were cultivated. Such was Wisconsin when, at the close of the last war with Great Britain, it began in earnest to be occupied by Americans. The latter were few in number, but in 181 8, they began to feel, now that the country was attached to Michigan Territory and the laws of the United States were extended over them, that they were not altogether beyond the protection of a government of their own notwithstanding they were surrounded by savage tribes. Their happiness was increased upon the erection, by proclamation of Lewis Cass, governor of the Territory of Michigan, of ihtee Territorial counties : Michilimackinac, Brown and Crawford. Their establishment dates PEE-TEEEITORIAL A:N']SrALS OF WISCONSIN. 37 the twenty-sixth of October, 1818. The county of Michilimackinac not only included all of the present State of Wisconsin lying north of a line drawn due west from near the head of the Little Noquet bay, but territory east and west of it, so as to reach from Lake Huron to the Missis- sippi river. Its county seat was established " at the Borough of Michilimackinac." The whole area in Michigan Territory south of the county of Michilimackinac and west of Lake Michigan formed the two counties of Brown and Crkwford : the former to include the area east of a line drawn due north and south through the middle of the portage between the Fox river of Green bay and the Wisconsin ; the latter to include the whole region west of that line. Prairie du Chien was designated as the county seat of Crawford; Green Bay, of Brown county. On the 22d of December, 1826, a county named Chippewa was formed from the northern portions of Michilimackinac, including the southern shores of Lake Superior throughout its entire length, and extending from the straits leading from that lake into Lake Huron, west to the western boundary line of Michigan Territory, with the county seat " at such point in the vicinity of the Sault de Ste. Marie, as a majority of the county commissioners to be appointed shall designate." Embraced within this county, — its southern boundary being the parallel 46° 31' north latitude, — was all the territory of the present State of Wisconsin now bordering on Lake Superior. Immediately upon the erection of Brown and Crawford counties, they were organized, and their offices filled by appointment of the governor. County courts were established, consisting of one chief and two associate justices, either of whom formed a quorum. They were required to hold one term of court annually in their respective counties. These county courts had origi- nal and exclusive jurisdiction in all civil cases, both in law and equity, where the matter in dis- pute exceeded the jurisdiction of a justice of the peace, and did not exceed the value of one thousand dollars. They had, however, no jurisdiction in ejectment. They had exclusive cog- nizance of all offenses the punishment whereof was not capital, and the same power to issue remedial and other process, writs of error and mandamus excepted, that the supreme court had at Detroit. Appeals from justices of the peace were made to the county courts. The establishing of Indian agencies by the General Government ; the holding of treaties with some of the Indian tribes; the adjustment of land claims at Green Bay and Prairie du Chien ; the appointment of postmasters at these two points, were all indications of a proper interest being taken by the United States in the affairs of the country. But a drawback to this region, was the fact that, in all civil cases of over a thousand dollars, and in criminal cases that were capital, as well as in actions of ejectment, and in the allowance of writs of error, and man- damus, recourse must be had to the supreme court at Detroit ; {lie latter place being the seat of government of Michigan Territory. However, in January, 1823, an act of congress provided for a district court, and for the appointment of a judge, for the counties of Brown, Crawford, and Michilimackinac. This court had concurrent jurisdiction, civil and criminal, with the supreme court of the Territory, in most cases, subject, however, to have its decisions taken to the latter tribunal by a writ of error. The law provided for holding one term of court in each year, in each of the counties named in the act ; so, at last, there was to be an administration of justice at home, and the people were to be relieved from all military arbitrations, which frequently had been imposed upon them. James Duane Doty was appointed judge of this court at its organiza- tion. A May term of the Court was held in Prairie du Chien ; a June term in Green Bay ; a July term in " the Borough of Michilimackinac," in each year. In 1824, Henry S. Baird, of Brown county, was appointed district attorney. Doty held the office of judge until May, 1832-, when he was succeeded by David Irvin. This court continued until 1836, when it was abrogated by the organization of the Territory of Wisconsin. For a long time it had been known that there were lead mines in what is now the south- 38 HISTORY OF WISCONSIN. western portion of the State ; but it was not until the year 1825, and the two following years, that very general attention was attracted to them, which eventuated in the settlement of different • places in that region, by Americans, who came to dig for lead ore. This rapid increase of settlers awakened the jealousy of the Winnebago Indians,, at what they deemed an unauthorized intrusion upon their lands, which, with other causes operating unfavorably upon their minds, aroused them in June, 1827, to open acts of hostility. Murders became frequent. Finally, the militia of Prairie du Chien were called out. On the twenty-ninth of August, Brigadier-General Henry Atkinson, of the United States army, with a strong force of regulars, ascended the Wis- consin river to put an end to any further spread of Winnebago disturbances. He was joined on the first of September, by one hundred and thirty Galena volunteers, mounted, and under com- mand of General Henry Dodge. The Winnebagoes were awed into submission. Thus ended the "Winnebago War." It was followed by the erection at the portage of Fort Winnebago, by the United States. After the restoration pf tranquillity, the United States proceeded by treaty with the Indians, to secure the right to occupy the lead regions. This was in 1828. The next year, the General Government purchased of the Winnebagoes, Southwestern Wisconsin, which put an end to all trouble on account of mining operations. On the ninth of October, 1829, a county was formed, by the legislative council of the Territory of Michigan, comprising all that part of Crawford county lying south of the Wisconsin river. This new county was called Iowa. The county seat was temporarily established at Mineral Point. Following this was a treaty in 1831, with the Menomonees, for all their lands east of Green bay, Winnebago lake, and the Fox and Milwaukee rivers. i There was now a crisis at hand. The most prominent event to be recorded in the pre-Ter- ritorial annals of Wisconsin is known as the Black Hawk War. This conflict of arms between the Sacs and Foxes and the United States arose from a controversy in regard to lands. By a treaty made at Fort Harmar, just across the River Muskingum from Marietta, Ohio, in January, 1789, the Pottawattamie and Sac tribes of Indians, among others, were received into the friend- ship of the General Government, and a league of peace and unity established between the con- tracting parties On the third of November, 1804, a treaty at St. Louis stipulated that the united Sac and Fox tribes should be received into the friendship of the United States, and also be placed under their protection. These tribes also agreed to consider themselves under the pro- tection of the General Government and of no other power whatsoever. At this treaty lands were ceded which were circumscribed by a boundary beginning at a point on the Missouri river opposite the mouth of the Gasconade, and running thence in a direct course so as to strike the River Jefferson at the distance of thirty miles from its mouth, and down that stream to the Missis- • sippi. It then ran up the latter river to the mouth of the Wisconsin, and up that stream to a point thirty- six miles in a direct line from its mouth ; thence by a straight course to a point where the Fox river of the Illinois leaves tlje small lake then called Sakaegan, and from that point down the Fox to the Illinois, and down the latter to the Mississippi. The consideration for this cession was the payment of goods to the value of two thousand two hundred and thirty-four dollars and fift^ cents, and a yearly annuity of one thousand dollars — six hundred to be paid to the Sacs and four hundred to the Foxes — to be liquidated in goods valued at first cost. After- ward, Fort Madison was erected just above the Des Moines rapids in the Mississippi, on the ter- ritory ceded at the last mentioned treaty. Then followed the war with Great Britain, and the Sacs and Foxes agreed to take no part therein. However, a portion afterward joined the English against the Americans along with other Western tribes. At the restoration of peace the Sacs and Foxes held treaties with the United States. There was a renewal of the treaty of 1804. PEE-TEEEITOEIAL ANNALS OF WISCONSIN. 39 Such in brief is a general outline of affairs, so far as those two tribes were concerned, down to the close of the last war with England., From this time, to the year 1830, several additional treaties were made with the Sacs and Foxes by the General Government : one in 1822, by which they relin- quished their right td have the United States establish a trading house or factory at a convenient point at which the Indians could trade and save themselves from the imposition of traders, for which they were paid the sum of one thousand dollars in merchandise. Again, in 1824, they sold to the General Government all their lands in Missouri, north of Missouri river, for which they received one thousand dollars the same year, and an annuity of one thousand dollars for ten years. In 183-0, they ceded to the United States a strip of land twenty miles wide from the Mis- sissippi to the Des Moines, on the north side of their territory. The time had now come for the two tribes to leave the eastern shore of the Mississippi and retire across the " great water." Keokuk, the Watchful Fox, erected his wigwam on the west side of the river, and was followed by a large part of the two tribes. But a band headed by Ma-ka-tai-me-she-kia-kiah, or the Black Sparrow Hawk, commonly called Black Hawk, refused to leave their village near Rock Island. They contended that they had not sold their town to the United States ; and, upon their return early in 183 1, from a hunt across the Mississippi, finding their village and fields in possession of the whites, they determined to repossess their homes at all -hazards. This was looked upon, or called, an encroachment by the settlers ; so the governor of Illinois took the responsibility of declaring the State invaded, and asked the United States to drive the refractory Indians beyond the Mississippi. The result was, the Indian village was destroyed by Illinois volunteers. This and the threatened advance across the river by the United States commander, brought Black Hawk and his followers to terms. They sued for peace — agreeing to remain forever on the west side of the Mississippi. But this truce was of short duration. Early in the Spring of 1832, Black Hawk having assembled his forces on the Mississippi, in the vicinity of the locality where Fort Madison had stood, crossed that stream and ascended Rock river. This was the signal for war. The governor of Illinois made a call for volunteers ; and, in a brief space of time, eighteen hundred had assembled at Beardstown, Cass county. They marched for the mouth of Rock river, where a council of war was held by their officers and Brigadier-General Henry Atkinson, of the regular forces. The Indians were sent word by General Atkinson that they must return and recross the Mississippi, or they would be driven back by force. "If you wish to fight us, come on," was the laconic but defiant reply of the Sac chief. When the attempt was made to compel these Indians to go back across the " great river," a collision occurred between the Illinois militia and Black Hawk's braves, resulting in the dis- comfiture of the former with the loss of eleven men. Soon afterward the volunteers were dis- charged, and the first campaign of Black Hawk's War was at an end. This was in May, 1832. In June following, a new force had been raised and put under the command of General Atkinson, who commenced his march up Rock river. Before this, there had been a general "forting" in the lead region, including the whole country in Southwest Wisconsin, notwithstand- ing which, a number of settlers had been killed by the savages, mostly in Illinois. Squads of volunteers, in two or three instances, had encountered the Indians; and in one with entire suc- cess — upon the Pecatonica, in what is now Lafayette county, Wisconsin — every savage (and there were seventeen of them) being killed. The loss of the volunteers was three killed and wounded. Atkinson's march up Rock river was attended with some skirmishing ; when, being informed that Black Hawk and his force were at Lake Koshkonong, in the southw,est corner of what is now Jefferson county, Wisconsin, he immediately moved thither with a portion of his army, where the whole force was ordered to concentrate. But the Sac chief with his people had fiown. Colonels Henry Dodge and James D. Henry, with the forces under them, discovered the ^^ ' HISTOEY OF WISCONSIN. trail of the savages, leading in the direction of the Wisconsin river. It was evident that the retreating force was large, and that it had but recently passed. The pursuing troops hastened their march. On the twenty-first of July, 1832, they arrived at the hills which skirt the left bank of that stream, in what is now Roxbury town (township), Dane county. Here was Black Hawk's whole force, including women and children, the aged and infirm, hastening by every effort to escape across the river. But that this might now be effected, it became necessary for that chief to make a firm stand, to cover the retreat. The Indians were in the bottom lands when the-pursuing whites made their appearance upon the heights in their rear. Colonel Dodge occupied the front and sustained the first attack of the Indians. He was soon joined by Henry with his force, when they obtained a complete victory. The action commenced about five •o'clock in the afternoon and ended at sunset. The enemy, numbering not less than five hundred, •sustained a loss of about sixty killed and a large number wounded. The loss of the Americans was one killed and eight wounded. This conflict has since been known as the battle of Wis- consin Heights. „ During the night following the battle, Black Hawk made his escape with his remaining force and people down the Wisconsin river. The women and children made their way down stream in canoes, while the warriors marched on foot along the shore. The Indians were pursued in •their flight, and were finally brought to a stand on the Mississippi river, near the mouth of the Bad Axe, on the west boundary of what is now Vernon county, Wisconsin. About two o'clock -on the morning of the second of August, the line of march began to the scene of the last con- flict in the Black Hawk War. Dodge's command formed the advance, supported by regular troops, under Colonel Zachary Taylor, afterward president of the United States. Meanwhile an armed steamboat had moved up the Mississippi and lay in front of the savages ; so they were attacked on all sides by the exasperated Americans. The battle lasted about two hours, and was a complete victory for the whites. Black Hawk fled, but was soon after captured. This ended the war. Tlie survey of public lands by the General Government ; the locating and opening of land offices at Mineral Point and Green Bay; the erection of Milwaukee county from a part of Brown, to include all the territory bounded on the east and south by the east and south lines of the present State, on the north by what is novsf the north boundary of Washington and Ozaukee counties and "farther westward on the north line of township numbered twelve, and on the west by the dividing line between ranges eight and nine ; and the changing of the eastern boundary of Iowa county to correspond with the western one of Milwaukee county; — are some of the important events following the close of the Black Hawk war. There was an immediate and rapid increase of immigration, not only in the mining region but in various other parts of what is now Wisconsin, more especially in that portion bordering on Lake Michigan., The interior was yet sparsely settled. By the act of June 28, 1834, congress having attached to the Territory of Michigan, for judicial purposes, all the country "west of the Mississippi river, and north of the State of Missouri," comprising the whole of what is now the State of Iowa, all of the present State of Minnesota west of the Mississippi river, and more than half of what is now the. Terri- tory of Dakota, the legislative council of Michigan Territory extended her laws over the whole area, dividing it on the 6th of September, 1834, by a line drawn due west from the lower end of Rock island to the Missouri river into two counties : the country south of that line constituting the county of Des Moines ; north of the line, to be known as the county of Dubuque. This whole region west of the Mississippi was known as the Iowa district. Immediately after the treaty of 1832 with the Sacs and Foxes, the United States having come into ownership of a large tract in this district, several families crossed the Mississippi, and settled on the purchase, but as WISCOlSrSIK TEREITORY. 41 the time provided for the Indians to give possession was the first of June, 1833, these settlers were dispossessed by order of the General Government. So soon, however, as the Indians yielded possession, settlements began, but, from the date just mentioned until September, 1834, after the district was attached, for judicial purposes, to Michigan Territory, it was without any municipal law whatever. The organization of the counties of Dubuque and Des Moines on the sixth of •that month, secured, of course a regular administration of justice. In 1835, in order to facili- tate intercourse between the two remote military posts of Fort Howard at Green Bay, and Fort Crawford at Prairie du Chien, a military road was commenced to connect the two points ; so, one improvement followed another. On the 9th of January, 1836, a session (the first one) of the seventh legislative council of Michigan Territory — that is, of so much of it as lay to the westward of Lake Michigan — was held at Green Bay, and a memorial adopted, asking Congress for the formation of a new Territory west of that lake ; to include all of Michigan Territory not embraced in the proposed State of Michigan. Congress, as will now be shown, very soon com- plied with the request of the memorialists. IV.— WISCONSIN TERRITORY. The establishing of a separate and distinct Territory west of Lake Michigan, was the result of the prospective admission of Michigan into th6 Union (an event which took place not until the twenty-sixth of January, 1837), as the population, in all the region outside of the boundaries determined upon by the people for that State, would otherwise be left without a government, or, at least, it would be necessary to change the capital of the old Michigan Territory farther to the westward ; so it was thought best to erect a new territory, to be called Wisconsin (an Indian word signifying wild rushing water, or chdnnel, so called from the principal eastern tributary of the Mississippi within its borders), which was done by an act of congress, approved April 20, 1836, to take effect from and after the third day of July following. The Territory was made to include all that is now embraced within the States of Wisconsin, Iowa, Minnesota, and a part of the Territory of Dakota, more particularly described within boundaries commencing at the north- east corner of the State of Illinois, running thence through the middle of Lake Michigan to a point opposite the main channel of Green bay ; thenCe through that channel and the bay to the mouth of the Menomonee river ; thence up that stream to its head, which is nearest the lake of the Desert ; thence to the middle of that lake ; thence down the Montreal river to its mouth ; thence with a direct line across Lake Superior to where the territorial line of the United States last touches the lake northwest ; thence on the north, with the territorial line, to the White Earth river ; on the west by a line drawn down the middle of the main channel of that stream to the Missouri river, and down the middle of the main channel of the last mentioned stream to the northwest corner of the State of Missouri ; and thence with the boundaries of the States of Missouri and Illinois, as already fixed by act of congress, to the place or point of beginning. Its counties were Brown, Milwaukee, Iowa, Crawford, Dubuque, and Des Moines, with a portion of Chippewa and Michili- mackinac left unorganized. Although, at this time, the State of Michigan was only engaged, so to speak, to the Union, to include the two peninsulas (many of its citizens preferring in lieu thereof the lower one only, with a small slice off the northern boundary of the State of Ohio as now constituted), yet the marriage ceremony was performed, as has been stated, a few months afterward. The act of congress establishing the Territorial government of Wisconsin was very full and complete. It first determined its boundaries ; then it declared that all authority of the govern- ment of Michigan over the new Territory should cease on the fourth day of July, 1836, with a 42 HISTORY OF WISCOlirSIK proper reservation of rights in favor of the Indians. It provided for subsequently dividing tns Territory into one or more, should congress deem it wise so- to do. It also declared that the executive power and authority in and over the Territory should be vested in a governor, at the same time defining his powers. It provided for the appointment of a secretary, stating what his duties should be. The legislative power was vested in the governor and legislative assembly, the latter to consist of a council and house of representatives, answering respectively to the senate and assembly, as states are usually organized. There was a .provision for taking the census of trie several counties, and one giving the governor power to name the time, place, and manner oi holding the first election, and to declare the number of members of the council and house ot representatives to which each county should be entitled. He was also to determine where the first legislative assembly should meet, and a wise provision was that the latter should not be in session in any one year more than seventy-five days. One section of the act declared who should be entitled to vote and hold office ; another defined the extent of the powers of the legislature, and a third provided that all' laws should be submitted to congress for their approval or rejection. There was a section designating what offices should be elective and what ones should be filled by the governor. There were others regulating the judiciary for the Territory and declaring what offices should be appointed by the United States, providing for their taking the proper oaths of office and regulating their salaries. One, perhaps the most important of all, declared that the Territory should be entitled to and enjoy all the rights, privileges, and advantages granted by the celebrated ordinance of 1787. There was also a provision for the election of a delegate to the house of representatives of the United States; and a declaration that all, suits and indictments pending in the old courts should be con- tinued in the new ones. Five thousand dollars were appropriated for a library for the accommo- dation of the legislative assembly of the Territory and of its supreme court. Fdr the new Territory, Henry Dodge, was, on the 30th of April, 1836, by Andrew Jackson, then President of the United States, commissioned governor. John S. Horner was commissioned secretary ; Charles Dunn, chief justice ; David Irvin and William C. Frazer, associate judges ; W. W. Chapman, attorney, and Francis Gehon, marshal. The machinery of a territorial gov- ernment was thus formed, which was set in motion by these officers taking the prescribed oath of office. The next important step to be taken was to organize the Territorial legislature. The provisions of the organic act relative to the enumeration of the population of the Territory were that previously to the first election, the governor should cause the census of the inhabitants of the several counties to be taken by the several sheriffs, and that the latter should make returns of the same to the Executive. These figures gave to Des Moines county, 6,257 ; Iowa county, 5,234; Dubuque county, 4,274; Milwaukee county, 2,893; Brown county, 2,706; Crawford county, 850. The entire population, therefore, of Wisconsin Territory in the summer of 1836, as given by the first census was, in precise numbers, twenty-two thousand two hundred and four- teen, of which the two counties west of the Mississippi furnished nearly one half. The apportion- ment, after the census had been taken, made by the governor, gave to the different counties thir- teen councilmen and twenty-six representatives; Brown county got two councilmen and three representatives ; Crawford, two representatives, but no councilmen ; Milwaukee, two councilmen and three repre'sentatives ; Iowa, Dubuque and Des Moines, each three councilmen ; but of repre- sentatives, Iowa got six ; Dubuque, five, and Des Moines, seven. The election was held on the tenth of October, 1836, exciting considerable interest, growing out, chiefly, of local considera- tions. The permanent location of the capital, the division of counties, and the location of county seats, were the principal questions influencing the voters. There were elected from the county of Brown, Henry S. Baird and John P. Arndt, members of the council; Ebenezer Childs, Albert WISCONSIN TERRITOKY. 43 G. Ellis and Alexander J. Irwin, members of the house of representatives ; from Milwaukee, the councilman were Gilbert Knapp and Alanson Sweet ; representatives, William B. Sheldon, Madison W. Cornwall and Charles Durkee : from Iowa, councilmen, EbenezerBrigham, JohnB, Terry and James R. Vineyard; representatives, William Boyles, G. F. Smith, D. M. Parkinson, Thomas McKnight, T. Shanley and J. P. Cox : from Dubuque, councilmen, John Foley, Thomas McCraney and Thomas McKnigfit ; representatives, Loring Wheeler, Hardin Nowlin, Hosea T, Camp, P. H. Engle and Patrick Quigley : from Des Moines, councilmen, Jeremiah Smith, Jr., Joseph B. Teas and Arthur B. Inghram ; representatives, Isaac LefHer, Thomas Blair, Warren L, Jenkins, John Box, George W. Teas, Eli Reynolds and David R. Chance : from Crawford, repre- sentatives, James H. Lockwood and James B. Dallam. Belmont, in the present county of LaFayette, then in Iowa county, was, by the governor, appointed the place for the meeting of the legislature ; he also fixed the time — the twenty-fifth of October. A quorum was in attendance in both branches at the time decided upon for their assembling, and the two houses were speedily organized by the election of Peter Hill Fngle, of Dubuque, speaker of the house, and Henry S. Baird, of Brown, president of the council. Each of the separate divisions of the government — the executive, the judicial, and the legislative — ■ was now in working order, except th^t it remained for the legislature to divide the Territory into judicial districts, and make an assignment of the judges ; and for the governor to appoint a Ter- ritorial treasurer, auditor and attorney general. The act of congress establishing the Terri- tory required that it should be divided into three judicial districts. The counties of Crawford and Iowa were constitued by the legislature the first district, to which was assigned Chief Justice Dunn. The second district was composed of the counties of Des Moines and Dubuque ; to it was assigned Associate Judge Irvin. The third district was formed of the counties of Browii and Milwaukee, to which was assigned Associate Judge Frazer. Governor Dodge, in his first message to the Territorial legislature, directed attention to the necessity for defining the jurisdiction and powers of the several courts, and recommended that congress should be memorialized to extend the right of pre-emption to actual settlers upon the public lands and to miners on mineral lands; also, to remove the obstructions in the rapids of the Upper Mississippi, to construct harbors and light-houses on Lake Michigan, to improve the navigation of Fox river and to survey the same from its mouth to Fort Winnebago, to increase the amount of lands granted to the Territory for school purposes, and to organize and arm the militia for the protection of the frontier settlements. The first act passed by the legis- lature was one privileging members from arrest in certain cases and conferring on themselves power to punish parties for contempt. The second one established the three judicial districts and assigned the judges thereto. One was passed to borrow money to defray the expenses of the session ; others protecting aj lands donated to the Territory by the United States in aid of schools, and creating a common school fund. A memorial to congress was adopted request- ing authorization to sell the school-section in each township, and appropriate the money arising therefrom for increasing the fund for schools. During this session, five counties were "set off " west of the Mississippi rrver : Lee, Van Buren, Henry, Louisa, Muscatine, and Cook ; and fifteen east of that stream : Walworth, Racine, Jefferson, Dane, Portage, Dodge, Washington, Sheboygan, Fond du Lac, Calumet, Manitowoc, Marquette, Rock, Grant and Green. The principal question agitating the legislature at its first session was the location of the capital. Already the people west of the Mississippi were speculating upon the establishment of a Territory on that side the river, prospects for which would be enhanced evidently, by placing the seat of government somewhat in a central position east of that stream, for Wisconsin ** HISTORY OP WISCONSIN. Territory. Now, as Madisorj was a point answering such requirements she triumphed over all coxapetitors ; and the latter numbered a dozen or more — including, among others, Fond du Lac, Milwaukee, Racine, Belmont, Mineral Point, Green Bay, and Cassville. The struggle over this question was one of the most exciting ever witnessed in the Territorial legislature. Madison was fixed upon as the seat of government, but it was provided that sessions of the legislature should be held at Burlington, in Des Moines county, until the fourth of March, 1839, unless the public buildings in the new capital should be sooner completed. After an enactment that the legislature should thereafter meet on the first Monday of November of each year, both houses, on the ninth day of December, 1836, adjourned sine die. In the act of congress establishing the Territory of Wisconsin it was provided that a delegate to the house of representatives of the United States, to serve for the term of two years, should be elected by the voters qualified to elect members of the legislative assembly, and that the first election should be held at such time and place or places, and be conducted in such manner as the governor of the Territory should appoint and direct. In pursuance of this enactment, Governor Dodge directed that the election for delegate should be at the time and places appointed for the election of members of the legislative assembly — the loth of October, 1836. The successful candidate for that office was George W. Jones, of Sinsinawa Mound, Iowa county — in that portion which was afterward "set off" as Grant county. Jones, under the act of 1819, had been elected a delegate for Michigan Territory, in October, 1835, and took his seat at the ensuing session, in December of that year. By the act of June 15, 1836, the consti- tution and State government which the people of Michigan had formed for themselves was accepted, ratified and* confirmed, and she was declared to be one of the United States of America, so that the term of two years for which Jones had been elected was cut short, as, in the nature of the case, his term could not survive the existence of the Territory he represented. But, as he was a candidate for election to represent the new Territory of Wisconsin in congress as a delegate, and was successful, he took his seat at the commencement of the second session of the twenty-fourth congress — December 12, 1836, notwithstanding he had been elected only a little over two months. The first term of the supreme court of the Territory was held at Belmont on the 8th day of December. There were present, Charles Dunn, chief justice, and David Irvin, associate judge. John Catlin was appointed clerk, and Henry S. Baird having previously been commissioned attorney general for the Territory by Governor Dodge, appeared before the court and took the oath of office. Causes in which the United States was party or interested were looked after by the United States attorney, who received his appointment from the president ; while all cases in which the Territory was interested was attended to by the attorney general, wh'ose commission was signed by the governor. The appointing of a crier and reporter and the admission of Several attorneys to practice, completed the business for the term. The annual term appointed for the third Monday of July of the following year, at Madison, was not held; as no business for the action of the court had matured. At the time of the complete organization of the Territory of Wisconsin, when the whole machinery had been put fairly in motion ; when its first legislature at its first session had, after passing forty-two laws and three joint resolutions, in forty-six days, adjourned; — at this time, the entire portion west of the Mississippi had, in round numbers, a population of only eleven thousand ; while the sparsely settled mineral region, the military establishments — Fort Craw- ford, Fort Winnebago, and Fort Howard — and the settlements at or near them, with the village of Milwaukee, constituted about all there was of the Territory east of that river, aggregating about twelve thousand inhabitants. There was no land in market, except a narrow strip along WISCONSIN TERKITOEY. , 45 the shore of Lake Michigan, and in the vicinity of Green bay. The residue of the country south and east of the Wisconsin and Fox rivers was open only to preemption by actual settlers. The Indian tribes still claimed a large portion of the lands. On the north and as far west as the Red river of the north were located the Chippewas. The southern limits of their posses- sions were defined by a line drawn from a point On that stream in about latitude 46° 30' in a southeasterly direction to the head of Lake St. Croix ; thence in the same general direction to what is now Stevens Point, in the present Portage county, Wisconsin ; thence nearly east to Wolf river; and thence in a direction nearly northeast to the Menomonee river. The whole country bounded by the Red river and Mississippi on the east ; the parallel of about 43" of latitude on the south ; the Missouri and White Earth river on the west ; and the Territorial line on the north, was occupied by the Sioux. In the southwest part of the Territory, lying mostly south of latitude 43^ — in the country reaching to the Missouri State boundary line south, and to the Missouri rivfer west — were the homes of the Pottawattamies, the lowas, and the Sacs and Foxes. Between the Wisconsin river and the Mississippi, and extending uorth to the south line of the Chippewas was the territory of the Winnebagoes. East of the Winnebagoes in the country north of the Fox river of Green bay were located the Menomonees, their lands extending to Wolf river. Such was the general outline of Indian occupancy in Wisconsin Territory at its organization. A portion of the country east of Wolf river and north of Green bay and the Fox river ; the whole of the area lying south of Green bay. Fox river and the Wisconsin ; and a strip of territory immediately west of the Mississippi, about fifty miles in width, and extending from the Missouri State line as far north as the northern boundary of the present State of Iowa, constituted the whole extent of country over which the Indians had no claim. The second session of the first legislative assembly of the Territory began at Burlington, now the county seat of Des Moines county, Iowa, on the 6th of November, 1837. The governor, in his message, recommended a codification of the laws, the organization of the militia, and other measures of interest to the people. An act was passed providing for taking another census, and one abolishing imprisonment for debt. By a joint resolution, congress was urged to make an appropriation of twenty thousand dollars in money, and two townships of land for a " University of the Territory of Wisconsin." The money was not appropriated, but the land was granted — forty-six thousand and eighty acres. This was the fundamental endowment of the present State university, at Madison. A bill was also passed to regulate the sale of school lands, and to prepare for organizing, regulating and perfecting schools. Another act, which passed the legislature at this session, proved an apple of discord to the people of the Territory. The measure was_ irttended to provide ways and means whereby to connect, by canals and slack- water, the waters of Lake Michigan with those of the Mississippi, by way of Rock river, the Catfish, the four lakes and the Wisconsin, by the incorporation of the Milwaukee and Rock river canal company. This company was given authority to apply to congress for an appro- priation in money or lands to aid in the construction of the work, which was to have its eastern outlet in the Milwaukee river, and to unite at its western terminus with Rock river, near the present village of Jefferson, in Jefferson county. The result was that a grant of land of odd- numbered sections in a strip of territory five miles on each side of the line of the proposed canal was secured, and in July, 1839, over forty thousand acres were sold at the minimum price of two dollars and fifty cents per acre. However, owing mainly to the fact that purchasers were compelled to pay double the government price for their lands — owing also to the circumstance of an antagonism growing up between the officers of the canal company and the Territorial officers intrusted with the disposition of the lands, and to conflicts between'the beneficiaries of ^^ HISTORY or WISCONSIN". the grant and some of the leading politicians of the time — the whole scheme proved a curse and a blight rather than a blessing, and eventuating, of course, in the total failure of the project. There had been much Territorial and State legislation concerning the matter ; but very little work, meanwhile, was done on the canal. It is only within the year 1875 that an apparent quietus has been given to the subject, and legislative enactments forever put at rest. Fourteen counties were set off during this session of the legislature at Burlington — all west of the Mississippi. They were Benton, Buchanan, Cedar, Clinton, Delaware, Fayette, Jackson, Johnson, Jones, Keokuk, Linn, Slaughter, Scott and Clayton. One hundred and five acts and twenty joint resolutions were passed. On the 20th of January, 1838, both houses adjourned until the second Monday of June following. The census of the Territory having been taken in May, the special session of the first legis- lature commenced on the eleventh of June, 1838, at Burlington, pursuant to adjournment, mainly for the purpose of making a new apportionment of members of the house. This was effected by giving twelve members to the counties east of the Mississippi, and fourteen to those west of that stream, to be contingent, however, upon the division of the Territory, which measure was not only then before congress, but had been actually passed by that body, though unknown to the Territorial legislature. The law made it incumbent on the governor, in the event of the Terri- tory being divided before the next general election, to make an apportionment for the part remaining, — enacting that the one made by the act of the legislature should, in that case, have no effect. Having provided that the next session should be held at Madison, the legislative body adjourned sine die on the twenty-fifth of June, 1838, the public buildings at the new capital ' having been put under contract in April, previous. Up to this time, the officers of the Territory at large, appointed by the president of the United States at its organization, had remained unchanged, except that the secretary, John S. Horner, had been removed and his place given to William B. Slaughter, by appointment, dated February 16, 1837. Now there were two other changes made. On the nineteenth of June, Edward James was commissioned marshal, and on the fifth of July, Moses M. Strong was commissioned attorney of the United States for the Ter- ritory. By an act of congress, approved June 12, 1838, to divide the Territory of Wisconsin, and to establish a Territorial government west of the Mississippi, it was provided that from and ,after the third day of July following, all that part of Wisconsin Territory lying west of that river and west of a line drawn due north from its headwaters or sources to the Territorial line, for the purposes of a Territorial governrhent should be set apart and known by the name of Iowa. It was further enacted that the Territory of Wisconsin should thereafter extend westward only to the Mississippi. It will be seen therefore that all that portion of the present State of Minnesota, extending eastward from the Mississippi to the St. Croix and northward to the United States boundary line, was then a part of Wisconsin Territory, even after the organization of the Terri- tory of Iowa. The census taken in ,May, just previous to the passage of this act, gave a total population to the several counties of the Territory, east of the Mississippi, of 18,149. On the third Monday of July, 1838, the annual terms of the supreme court — the first one after the re-organization of the Territory of Wisconsin— was held at Madison. There were present Chief Justice Dunn and Associate Judge Frazer. After admitting five attorneys to practice, hearing several motions, and granting several rules, the court adjourned. All the terms of the' Supreme Court thereafter were held at Madison. At an election held in the Territory on the tenth day of September, 1838, James Duane Doty received the highest number of votes for the ofifice of delegate to congress, and was declared by- Governor Dodge duly elected, by a certificate of election, issued on the twenty-seventh day of October following. Upon the commencement of the third session of the twenty-fifth congress WlSCOSrSIlf TEREITORT. 47 on Monday, December lo, 1838, Isaac E. Crary, member from Michigan, announced to the chair of the house of representatives that Doty was in attendance as delegate from Wisconsin Terri- tory, and moved that he be qualified. Jones, the former delegate, then rose and protested against Doty's right to the seat, claiming that his (Jones') term had not expired. The basis for his claim was that under the act of 181 7, a delegate must be elected only for one congress, .and not for parts of two congressional terms; that his term as a delegate from Wisconsin did not commence until the fourth of March, 1837, and consequently would not expire until the fourth of March; 1839. The subject was finally referred tothe committee of elections. This com- mittee, on the fourteenth of January, 1839, reported in favor of Doty's right to his seat as dele- gate, submitting a resolution to that effect which passed the house by a vote of one hundred and sixty-five to twenty-five. Whereupon Doty was qualified as delegate from Wisconsin Territory, and took his seat at the date last mentioned. On the 8th of November, Andrew G. Miller was appointed by Martin Van Buren, then president of the United States, associate judge of the supreme court, to succeed Judge Frazer, who died at Milwaukee, on the 18th of October. During this year, Moses M. Strong succeeded W. W. Chapman as United States attorney for the Territory. On the 26th day of November, 1838, the legislature of the re-organized Territory of Wis- consin — being the first session of the second legislative assembly — met at Madisdn. Governor Dodge, in his message, recommended an investigation of the banks then in operation, memorial- izing Congress for a grant of lands for the improvement of the Fox river of Green bay and the Wisconsin; the revision of the laws; the division of the Territory into judicial districts; the justice of granting to all miners who have obtained the ownership of mineral grounds under the regulations of the superintendent of the United States lead mines, either by discovery or pur- chase, the right of pre-emption ; and the improvement of the harbors on Lake Michigan. The attention of this Legislature was directed to the mode-in which the commissioners of public buildings had discharged their duties There was an investigation of the three banks then in operation in the Territory — one at Green Bay, one at Mineral Point, and the other at Milwaukee. A plan, also, for the revision of the laws of the Territory was considered. A new assignment was made for the holding of district courts. Chief Justice Dunn was assigned to the first district, composed of the counties of Iowa, Grant and Crawford ; Judge Irvin to the second, composed of the counties of Dane, Jefferson, Rock, Walworth and Green; while Judge Miller was assigned to the third district, composed of Milwaukee, Brown and Racine counties — includ- ing therein the unorganized counties of Washington and Dodge, which, for judicial purposes, were, when constituted by name and boundary, attached to Milwaukee county, and had so remained since that date. The legislature adjourned on the 22d of December, to meet again on the 2istof the following month. "Although,"' said the president of the council, upon the occasion of the adjournment, "but few acts of a general character have been passed, as the discussions and action of this body have been chiefly confined to bills of a local nature, and to the passage of memorials to the parent government in behalf of the great interests of the Territory; yet it is believed that the concurrent resolutions of the two houses authorizing a revision of the laws, is a measure of infinite importance to the true interests of the people, and to the credit and charac- ter of the Territory." Tbe census of the Territory having been taken during the year 1838, showed a population of 18,130, an increase in two years of 6,447. The second session of the second legislative assembly commenced on the twenty-first day of January, 1839, agreeable to adjournment. The most importailt work was the revision of the laws which had been perfected during the recess, by the committee to whom the work was intrusted. 48 HISTOKT OF WISCONSIN. consisting of three members from each house : from the council, M. L. Martin, Marshall M. Strong, and James Collins ; from the house of representatives, Edward V. Whiton, Augustus Story, and Barlow Shackleford. The act legalizing the revision, took effect on the fourth day of July following. The laws as revised, composed the principal part of those forming the Revise Statutes of 1839, a valuable volume for all classes in the territory — and especially so for the courts and lawyers — during the next ten years. The sine die adjournment of this legislature too place on the nth of March, 1839. On the 8th of March of this year, Henry Dodge, whose term for three years as governor was about to expire, was again commissioned by the president of the United States, as governor of the Territory of Wisconsin. At the July term of the supreme court, all the judges were pre- sent, and several cases were heard and decided. A seal for the court was also adopted. I he attorney general of the Territory at this time was H. N. Wells, who had been commissioned by Governor Dodge, on the 30th of March previous, in place of H. S. Baird, resigned. Wells not being in attendance at this term of the court, Franklin J. Munger was appointed by the judge attorney general for that session. The clerk, John Collin having resigned, Simeon Mills was selected by the court to fill his place. From this time, the supreme court met annually, as pro- vided by law, until Wisconsin became a State. The next legislature assembled at 'Madison, on the second of December, 1839. This was the third session of the second legislative assembly of the Territory. The term for which mem- bers of the house were elected, would soon expire ; it was therefore desirable that a new af)por- tionment should be made. As the census would be taken the ensuing June, by the United States, it would be unnecessary .for the Territory to make an additional enumeration. A short session was resolved upon, and then an adjournment until after the completion of the census. One of the subjects occupying largely the attention of the members, was the condition of the capitol, and the conduct of the commissioners intrusted with the money appropriated by congress to defray the cost of its construction. The legislature adjourned on the thirteenth of January, 1840, to meet again On the third of the ensuing August. The completion of the census showed a population for the Territory of thirty thousand seven hundred and forty-four, against eighteen thousand one hundred and thirty, two years previous. Upon the re-assembling of the legisla- ture — which is known as the extra session of the second legislative assembly — at the time agreed upon, some changes were made in the apportionment of members to the house of representa- tives ; the session lasted but a few days, a final adjournment taking place on the fourteenth of August, 1840. At the July term of the supreme court, Simeon Mills resigned the office of clerk, and La Fayette Kellogg was appointed in his place. Kellogg continued to hold the posi- tion until the state judiciary was organized. At the ensuing election, James Duane Doty was re-elected Territorial delegate, taking his seat for the first time under his second term, on the eighth day of December, 1840, at the commencement of the second session of the twenty-sixth congress. The first session of the third legislative assembly commence^ on the seventh of December, 1840, with all new members in the house except three. All had recently been elected under the new apportionment. Most of the session was devoted to the ordinary routine of legislation. There was, however, a departure, in the passage of two acts granting divorces, from the usual current of legislative proceedings in the Territory. There was, also, a very interesting contested election case between two members from Brown county. Such was the backwardness in regard to the building of the capitol, at this date, that a large majority of the members stood ready to remove the seat of government to some other place. However, as no particular point could be agreed upon, it remained at Madison. The legislature adjourned on the nineteenth of February, "WISCONSIN TEBRITORY. 49 1841, having continued a term of seventy-five days, the maximum time limited by the organic act. Francis J. Dunn, appointed by Martin Van Buren, was commissioned in place of William B. Slaughter, as secretary of the Territory, on the 25th of January, 1841, but was himself super- ceded by the appointment of A. P. Field, on the 23d day of April following. On the isth of March, Daniel Hugunin was commissioned as marshal in place of Edward James, and on the 27th of April, Thomas W. Sutherland succeeded Moses M. Strong as United States attorney for the Territory. On the 26th of June, Governor Dodge commissioned as attorney general of the Territory, M. M. Jackson. On the 13th of September following. Dodge was removed from office by John Tyler, then president of the United States, and James Duane Doty appointed in his place. The appointment of Doty, then the delegate of the Territory in congress, by the president of the United States as governor, and the consequent resignation of the latter of his seat in the house of representatives, caused a vacancy which was filled by the election of Henry Dodge to that office, on the 27th of September, 1841; so that Doty and Dodge changed places. Dodge took his seat for the first time, at the commencernent of the second session of the twenty- fifth congress — Monday, December 7, 1841. About this time, the Milwaukee and Rock river canal imbroglio broke out afresh. The loan agent appointed by the governor to negotiate a loan of one hundred thousand dollars for the work, reported that he had negotiated fifty-six thousand dollars of bonds, which had been issued ; but he did not report what kind of money was to be received for them. Now, the canal commissioners claimed that it was their right and duty not to recognize any loan which was to be paid in such currency as they disapproved of. This dispute defeated the loan, and stopped all work on the canal. During the year 1841, Thomas W. Sutherland succeeded Moses M. Strong as United States attorney. The second session of the third legislative assembly began at Madison, on the sixth of December, 1841. Governor Doty, in his message to that body, boldly avowed the doctrine that no law of the Territory was eifective, until expressly approved by congress. " The act," said he, " establishing the governmewt of Wisconsin, in the third sec- tion, requires the secretary of the Territory to transmit annually, on or before the first Monday in December, ' two copies of the laws to the speaker of the house of representatives, for the use of congress.' The sixth section provides that 'all laws of ^the governor and legislative assembly shall be submitted to, and, if disapproved by the congress of the United States, the same shall be null and of no effect.' " "These provision's," he added, "it seems to me, require the laws to be actually submitted to congress before they take effect. They change the law by which this country was governed while it was a part of Michigan. That law provided that the laws should be reported to congress, and that they should ' be in force in the .district until the organization of the general assembly therein, unless disapproved of by congress.' " The governor concluded in these words : " The opinion of my predecessor, which was expressed to the first legislature assembled after the organization of this government, in his message delivered at Belmont on the twenty-sixth day of October, 1836, fully sustains this view of the subject which I have presented. He said: 'We have convened under an act of congress of the United States establishing the Territorial government of Wisconsin, for the purpose of enacting such laws as may be required for the government of the people of this Territory, after their approval by con- gress.'" This construction of the organic act resulted in a lengthy warfare between the gov- ernor and the legislative assembly. At this session, the Milwaukee and Rock river canal again raised a tumult. " Congress had made a valuable grant of land to the Territory in trust. The Territory was the trustee ; the canal company the cestui que trust. The trust had been accepted, and a large portion of the lands had been sold, one tenth of the purchase money received, and ample securities held ^^ . . HISTORY OF WISCONSIN. for the balance." The Territory now, by its legislature, repealed all the laws authorizing a loan, and all which contemplated the expenditure of any money on its part in constructing the canal. The legislature resolved that all connection ought to be dissolved, and the work on the canal by the Territory abandoned, and that the latter ought not further to execute the trust. They resolved also that the congress be requested to divert the grant to such other internal improvements as should be designated by the Territory, subject to the approval of congress; and that, if the latter should decline to make this diversion, it was requested to take back the grant, and dispose of the unsold lands. On the eleventh of February, 1842, a tragedy Was enacted in the legislative council, causing great excitement over the whole Territory. On that day, Charles C. P. Arndt, a member from Brown county, was, while that body was in session, shot dead by James R. Vineyard, a member from Grant county. The difficulty grew out of a debate on motion to lay on- the table the nomination of Enos S. Baker to the office of sheriff of Grant county. Immediately before adjournment of the council, the parties who had come together, after loud and angry words had been spoken, were separated by the by-standers. When an adjournment had been announced, they met again ; .whereupon Arndt struck at Vine- yard. The latter then drew a pistol and shot Arndt. He died in a few moments. Vineyard immediately surrendered himself to the sheriff of the county, waived an examination, and was committed to jail. After a short confinement, he was brought before the chief justice of the Territory,'on a writ oi habeas corpus, and admitted to bail. He was afterward indicted for man- slaughter, was tried and acquitted. Three days after shooting Arndt, Vineyard sent in his resignation as member of the council. That body refused to receive it, or to have it read even ; but at once expelled him. The second and last session of the third legislative assembly came to a close on the eighteenth of February, 1842. The first session of the fourth legislative assembly commenced on the fifth day of Decem- ber, 1842. The members had been elected under a new apportionment based upon a census taken in the previous June, whiaii showed a total population for the Territory of forty-six thou- sand six hundred and seventy-eight — an increase of nearly ten thousand in two years. A politi- cal count showed a decided democratic majority in each house. Governor Doty's political proclivities were with the whig party. The contest between him and the legislature now assumed a serious chai-acter. He refused to " hold converse " with it, for the reason that, in his opinion,, no appropriation had been made by congress to defray the expenses of the session, and, as a consequence, none could be held. The legislature made a representation to congress, then in session, of the objections of the governor, and adjourned on the tenth of December, to meet again on the thirteenth of January, 1843. It was not until the fourth of February following that a quorum in both houses had assembled, when the legislature, through a joint committee, waited on the governor, and informed him that they had again met accoi-ding to adjournment, and were then ready to proceed to business. Previous to this time, congress had made an appropriation to cover the expenses of the legislature now in session, which it was supposed would remove all conflict about its legality. But the governor had, on the thirtieth day of January previous, issued a proclamation, convening a special session of the legislature on the sixth of March, and still refused to recognize the present one as legal. Both houses then adjourned to the day fixed by the executive. A final adjournment took place on the seventeenth of April following. The term- of two years for which Henry Dodge was elected as delegate, having expired at the close of the third session of the twenty-seventh congress, he was, on the twenty-fifth of Sep- tember, 1843, re-elected, taking his seat for the first time on his second term at the commence- ment of the first session of the twenty-eighth congress, Monday, December 4, 1843. On the thirtieth of October of this year, George Floyd was commissioned by President Tyler as "WISCONSIN TEEEITOKT. f>l secretary of the Territory, in place of A. P. Field. The second session of the fourth legislative assembly of the Territory, commencing on the fourth of December, 1843, and terminating on the thirty-first of January, 1844 — a period of fifty- nine days — accomplished but little worthy of especial mention, except the submission of the question of the formation of a State government to a vote of the people, to be taken at the gene- ral election to be held in September following. The proposition did not succeed at the ballot- box. The third session of the fourth legislative assembly did not commence until the sixth of January, 1845, as the time had been changed to the first Monday in that month for annual meet- ings. Governor Doty having persisted in spelling Wisconsin with a " k " and an " a " — Wis- y^onsan — and some of the people having adopted his rnethod, it was thought by this legislature a matter of siifficient importance to be checked. So, by a joint resolution, the orthography — Wis^onsz'n — employed in the organic act, was adopted as tlie true one for the Territory, and has ever since been used. Before the commencement of this session Doty's term of office had expired. He was superseded as governor of the Territory by N. P. Tallnladge, the latter having been appointed on the twenty-first of June, 1844. On the thirly-first of August, Charles M. Prevost was appointed marshal of the Territory, in place of Daniel Hugunin. There was the utmost harmony between Governor Tallmadge and the legislature of the Territory at its session in 1845. His message, which was delivered to the two houses in person, on the seventeenth of January, was well received. Among other items of interest to which he called the attention of the legis- lative assembly, was one concerning the construction of a railroad to connect Lake Michigan with the Mississippi. "The interests of the Territory," said he, " seem inperiously to demand the con- struction of £t railroad, or other communication, from some suitable point on Lake Michigan to the Mississippi river. Much difference of opinion seems to exist as to what it shall be, and how it is to be accomplished. There is a general impression," continued the governor, " that the con- struction of the Milwaukee and Rock river canal, which was intended to connect those waters, is abandoned. It remains to be seen what shall be substituted for it." The session terminated on the twenty-fourth of February, 1845. James K. Polk having been inaugurated president of the United States on the fourth of March, 1845, Henry Dodge was again put into the gubernatorial chair of the Territory, receiving his appointment on the eighth of April, 1845. Other changes were made by the president during the same year, John B. Rockwell being, on the fourteenth of March, appointed marshal, and W. P. Lynde, on the fourteenth of July, United States attorney for the Territory, Governor Tall- madge, on the twenty-second of January of this year, having commissioned the latter also as attorney general. On the twenty-second of September, Morgan L. Martin was elected delegate to the twenty-ninth congress, as the successor of Henry Dodge. The fourth and last session of the fourth legislative assembly was organized on the fifth of January, 1846. This session, although a short one, proved very important. Preliminary steps were taken for the formation of a State government. The first Tuesday in April next succeeding was the day fixed upon for the people to vote for or against the proposition. When taken it resulted in a large majority voting in favor of the measure. An act was passed providing for taking the census of the Territory, and for the apportionment by the governor of delegates to form a State constitution, based upon the new enumeration. The delegates were to be elected on the first Monday in September, and the convention was to assemble on the first Monday in October, 1846. The constitution when formed was to be submitted to the vote of the people for adoption v rejection, as, at the close of the session, the terms of members of the council who had been elected for four years, and of the house, who had been elected for two years, all ended. The legislature 52 HISTORY or WISCONSIN. re-organized the election districts, and conferred on the governor the power and duty of making an apportionment, based on the census to be taken, for the next legislative assembly, when, on the third of February, 1846, both houses adjourned sine die. On the twenty-second oi January, Governor Dodge appointed A. Hyatt Smith attorney general of the Territory. On the twenty- fourth of February, John Catlin was appointed Territorial secretary by the president. The census taken in the following June showed a population for the Territory of one hun- dred and fifty-five thousand two hundred and seventy-seven. Delegates having been elected to form a constitution for the proposed new State, met at Madison on the fifth day of October. After completing their labors, they adjourned. This event took place on the sixteenth of Deceniber, 1846. The constitution thus formed was submitted to a popular vote on the first Tuesday of April, 1847, and rejected. The first session of the fifth legislative assembly com- menced on the fourth of January of that year. But little was done. Both houses finally adjourned on the eleventh of February, 1847. John H. Tweedy was elected as the successor of Morgan L. Martin, delegate to the thirtieth congress, on the sixth of September following. On the twenty-seventh of that month, Governor Dodge issued a proclamation for a special session of the legislature, to commence on the eighteenth of the ensuing month, to take action concern- ing the admission of Wisconsin into the Union. The two houses assembled on the day named in the proclamation, and a law was passed for the holding of another convention to frame a constitution ; when, after nine days' labor, they adjourned. Delegates to the new convention were elected on the last Monday of November, and that body met at Madison on the fifteenth of December, 1847. A census of the Territory was taken this year, which showed a population of two hundred and ten thousand five hundred and forty-six. The result of the labors of the second constitutional convention was the formation of a constitution, which, being submitted to the people on the second Monday of March, 1848, was duly ratified. The second and last session of the fifth legislative assembly — the last legislative assembly of Wisconsin Territory — commenced on the seventh of February, 1848, and adjourned j/tz^ ^«V on the thirteenth of March following. On the twentieth of the same month, J. H. Tweedy, delegate from Wisconsin, introduced a bill in congress for its admission into the Union. The bill was finally passed; and on the twenty-ninth of May, 1848, Wisconsin became a State. There had been seventeen sessions of the legislative assembly of the Territory, of an average duration of forty days each : the longest one lasted seventy-six days ; the shortest, ten days. So long as the Territory had an existence, the apportionment of thirteen members for the council, and twenty-six for the house of representatives, was continued, as provided in the organic act. There had been, besides those previously mentioned, nine additional counties " set off " by the legislative assembly of the Territory, so that they now numbered in all twenty-eight : Milwaukee, Waukesha, Jefferson, Racine, Walworth, Rock, Green, Washington, Sheboygan, Manitowoc, Calu- met, Brown, Winnebago, Fond du Lac, Marquette, Sauk, Portage, Columbia, Dodge, Dane, Iowa, La Fayette, Grant, Richland, Crawford, Chippewa, St. Croix, and La Pointe. v.— WISCONSIN AS A STATE. First Administration. — Nelson Dewey, Governor — 1848, 1849. 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 6, 1846, were accepted by the convention which formed the constitution of Wisconsin, and are described in that instrument as " beginning at the north- east comer of the State of Illinois — that is to say, at a point in the center of Lake Michigan WISCONSIN AS A STATE. ' 53 where the line of forty-two degrees and thirty minutes of north j[atitude crosses the same ; thence running with the boundary line of the State of Michigan, through Lake Michigan [and] Green bay to the mouth of the Menomonee 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 channel 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 Cram ; thence down the main channel of the Mon- treal 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 Nicollett's map ; thence due south to the main branch of the River St. Croix ; thence down the main channel of said river to the Mississippi ; thence down the center of the main channel of that river to the northwest corner of the State of Illinois ; thence due east with the northern boundary of the State of Illinois to the place of beginning." The territory included within these lines constitutes the State of Wisconsin, familiarly known as the " Badger State." All that portion of Wisconsin Territory, as formerly constituted, lying west of so much of the above mentioned boundary as extends from the middle of Lake Superior to the mouth of the St. Croix river, not being included in Wisconsin, the limits of the State are, of course, not identical with those of the Territory as they previously existed. The State of Wisconsin, thus bounded, is situated between the parallel of forty-two degrees thirty minutes and that of forty-seven degrees, north latitude, and between the eighty-seventh and ninety-third degrees west longitude, nearly. For a portion of its northern border it has Lake Superior, the largest body of fresh water in the world ; for a part of it^ easterp boundary it has Lake Michigan, almost equal in size to Lake Superior; while the Mississippi, the largest river in the world but one, forms a large portion of its western boundary. The State of Michi- gan lies on the east ; Illinois on the south ; Iowa and Minnesota on the west. Wisconsin has an average length of about two hundred and sixty miles; an average breadth of two hundred and fifteen miles. The constitution of Wisconsin, adopted by the people on the second Monday of March, 1848, provided for the election of a governor, lieutenant governor, secretary of state, treasurer, attorney general, members of the State legislature, and members of congress, on the second Monday of the ensuing May. On that day — the 8th of the month — the election was held, which resulted in the choice of Nelson Dewey, for governor ; John E. Holmes, for lieutenant governor ; Thomas McHugh, for secretary of state ; Jairus C. Fairchild, for state treasurer ; and James S. Brown, for attorney general. The State was divided into nineteen senatorial, and sixty-six assembly districts, in each of which one member was elected ; it was also divided into two congressional districts, in each of which one member of congress was elected — William Pitt Lynde in the first district, composed of the counties of Milwaukee, Waukesha, Jefferson, Racine, Walworth, Rock, and Green ; Mason C. Darling, in the second district, composed of the counties of Washington, Sheboygan, Manitowoc, Calumet, Brown, Winnebago, Fond du Lac, Marquette, Sauk, Portage, Columbia, Dodge, Dane, Iowa, La Fayette, Grant, Richland, Craw- ford, Chippewa, St. Croix, and La Pointe^the counties of Richland, Chippewa and La Pointe being unorganized. The first session of the legislature of Wisconsin commenced at Madison, the seat of govern- ment for the State, on Monday, the sth day of June, 1848. Ninean E. Whiteside was elected speaker of the assembly, and Henry Billings president of the senate,//-^ tempore. The democrats were largely in the majority in both houses. The legislature, in joint convention, on the 7th of June, canvassed, in accordance with the provisions of the constitution, the votes given on the Sth of May previous, for the State officers and the two representatives in congress. On the same ^* HISTOEY OF WISCONSIN. day, the governor, lieutenant governor, secretary ot state, treasurer, and attorney general, we^ sworn into office in presence of both houses. All these officers, as well as the representatives in congress, were democrats. Dewey's majority over John H. Tweedy, whig, was five thousand an eighty-nine. William P. Lyhde's majority in the first district, for congress, over Edward • Whiton, whig, was two thousand four hundred and forty-seven. Mason C. Darling's majority in the second district, over Alexarider L. Collins, whig, was two thousand eight hundred and lorty- six. As the thirtieth congress, to which Lynde and Darling were elected would expire on the 4tn of March, 1849, their terms of office would, of course, end on that day. The former took his seat on the 5th of June, the latter on the 9th of June, 1848. The constitution vested the judicial power of the State in a supreme court, circuit courts, courts of probate, and in justices of the peace, giving the legislature power to vest such juris- diction as should be deemed necessary in municipal courts ; also, conferring upon it the power to establish inferior courts in the several counties, with limited civil and criminal jurisdiction. The State was divided into five judicial circuits; and judges were to be elected at a time to be provided for by the legislature at its first session. It was provided that there should be no election for a judge or judges, at any general election for State or county officers, nor withm thirty days either before or after such election. On the 8th of June, 1848, Governor Dewey delivered his first message to a joint convention of the two houses. It was clear, concise, and definite upon such subjects as^ in his opinion demanded immediate attention. . His views were generally regarded as sound and statesmanlike by the people of the State. " You have convened," said he^ "under the provisions of the con- stitution of the State of Wisconsin, to perform as representatives of the people, the important duties contemplated by that instrument." " The first session of the legislature of a free people," continued the governor, " after assuming the political identity of a sovereign State, is an event of no ordinary character in its history, and will be fraught with consequences of the highest importance to it? future welfare "and prosperity. Wisconsin possesses the natural elements, fostered by the judicious system of legislation," the governor added, " to become one of the most populous and prosperous States of the American Union. With a soil unequaled in fertility, and productive of all the necessary comforts of life, rich in mineral wealth, with commercial advantages unsurpassed by any inland State, possessing extensive manufacturing facilities, with a salubrious climate, and peopled with a population enterprising, industrious, and intelligent, the course of the State of Wisconsin must be onward, until she ranks among the first of the States 1 of the Great West. It is," concluded the speaker, " under the most favorable auspices that the State of Wisconsin has taken her position among the families of States. With a population numbering nearly one quarter of a million, and rapidly increasing, free from the incubus of a State debt, and rich in the return yielded as the reward of labor in all the branches of industrial pursuits, our State occupies an enviable position abroad, that is highly gratifying to the pride of our people."- Governor Dewey then recommended a number of measures necessary, in his judgment, to be made upon changing from a Territorial to a State government. The first important business of the legislature, was the election of two United States senators. The successful candidates were Henry Dodge and Isaac P. Walker, both democrats. Their election took place on the 8th of June, 1848, Dodge taking his seat in the senate on the 23d of June, and Walker on the 26th of June, 1848. The latter drew the short term ; so that his office would expire on the 4th day of March, 1849, at the end of the thirtieth congress : Dodge drew the long term, his office to expire on the 4th day of March, i85r, at the end of the thirty-first congress. The residue of the session was taken up in passing such acts as were deemed necessary to put the machinery of the new State government, in all its branches, in fair WISCONSIN AS A STATE. 55 running order. One was passed providing for the annual meeting of the legislature, on the second Wednesday of January of each year ; another prescribing the duties of State officers ; one dividing the State into three congressional districts. The first district was composed of the counties of Milwaukee, Waukesha, Walworth, and Racine ; the second, of" the counties of Rock, Green, La Fayette, Grant, Dane, Iowa, Sauk, Richland, Crawford, Adams, Portage, Chippewa, La Pointe, and St. Croix ; the third, of the counties of Washington, Sheboygan, Manitowoc, Brown, Winnebago, Calumet, Fond du Lac, Marquette, Dodge, Jefferson, and Columbia. Another act, provided for the election of judges of the circuit courts, on the first Monday of August, 1848. By the same act, it was provided that the first term of the supreme court should be held in Madison on the second Monday of January, 1849, and thereafter at the same place on the same day, yearly ; afterward changed so as to hold a January and June term in each year. An act was also passed providing for the election, and defining the duties of State superintendent of public instruction. That officer was to be elected at the general election to be holden in each year, his term of office to commence on the first Monday of January succeeding his election. Another act established a State university ; another exempted a homestead from a forced sale ; another provided for a revision of the statutes. The legislature, after a session of eighty-five days, adjourned sine die on the twenty-first of August, 1848. The State, as previously stated, was divided into five judicial circuits : Edward V. Whiton being chosen judge at the election on the first Monday in August, 1848, of the first circuit, com- posed of the counties of Racine, Walworth, Rock, and Green, as then constituted ; Levi Hubbell of the second, composed of Milwaukee, Waukesha, Jefferson, and Dane ; Charles H. Larrabee, of the third, composed of Washington, Dodge, Columbia, Marquette, Sauk, and Portage, as then forined; Alexander W. Stow, of the fourth, composed of Brown, Manitowoc, Sheboygan, Fond du Lac, Winnebago, and Calumet ; and Mortimer M. Jackson, of the fifth circuit, composed of the counties of Iowa, LaFayette, Grant, Crawford and St. Croix, as then organized ; the county of Richland being attached to Iowa county; the county of Chippewa to the county of Craw- ford ; and the county of LaPointe to the county of St. Croix, for judicial purposes. In the ensuing Fall there was a presidential election. There were then three organized political parties in the State : whig, democratic, and free-soil — each of which had a ticket in the field. The democrats were in the majority, and their four electors cast their votes for Lewis Cass and William O. Butler. At this election, Eleazer Root was the successful candidate for State superintendent of public instruction. In his election party politics were not considered. There were also three members for the thirty-first congress chosen : Charles Durkee, to represent the first district; Orsamus Cole, the second; and James D. Doty, the third district. Durkee was a free-soiler ; Cole, a whig ; Doty, a democrat — with somewhat decided Doty proclivities. The act of the legislature, exempting a homestead from forced sal« of any debt or liability contracted after January i, 1849, approved the twenty-ninth of July previous, and another act for a like exemption of certain personal property, approved August 10, 1848, were laws the most liberal in their nature passed by any State of the Union previous to those dates. It was prophe- sied that they would work wonderful changes in the business transactions of the new State — for the worse ; but time passed, and their utility were soon evident : it was soon very generally acknowledged tha.t proper exemption laws were highly beneficial — a real 'good to the greatest number of the citizens of a State. So much of Wisconsin Territory as lay west of the St. Croix and the State boundary north of it, was, upon the admission of Wisconsin into the Union, left, for the time being, without a government — unless it was still "Wisconsin Territory." Henry Dodge, upon being elected to the United States senate from Wisconsin, vacated, of course, the office of governor of this fraction.* John H. Tweedy, delegate in congress at the time Wisconsin became a State, made a formal ^6 HISTORY OF WISCONSIN. resignation of his oifice, thus leaving the fractional Territory unrepresented. Thereupon John Catlin, secretary of the Territory of Wisconsin as a whole, and now claiming, by virtue of tha office, to be acting governor of the fractional part, issued a proclamation as such officer for a election on the thirtieth of October, 1848, of a delegate in congress. Nearly four hundred votes were polled in the district, showing "Wisconsin Territory'' still to have a population of not less than two thousand. H. H. Sibley was elected to that office. On the fifteenth of January, 1849. he was admitted to a seat as "delegate from Wisconsin Territory." This hastened the formation of the Territory of Minnesota — a bill for that purpose having become a law on the third o March, when " Wisconsin Territory" ceased finally to exist, being included in the new Territory The year 1848— the first year of the existence of Wisconsin as a State— was one of general prosperity to its rapidly increasing population. The National Government effected a treaty with the Menomoneee Indians, by which their title was extinguished to the country north of the Fox river of Green bay, embracing all their lands in the State. This was an imjiortant acquisition, as it opened a large tract of country to civilization and settlement, which had been for a consid- erable time greatly desired by the people. The State government at the close of the year had been in existence long enough to demonstrate its successful operation. The electric telegraph had already reached the capital ; and Wisconsin entered its second year upon a flood tide of prosperity. Under the constitution, the circuit judges were also judges of the supreme court. An act ■of the legislature, approved June 29, 1848, providing for the election of judges, and for the classification and organization of the judiciary of the State, authorized the election, by the judges, of one of their number as chief justice. Judge Alexander W. Stow was chosen to that office, and, as chief justice, held, in conjunction with Associate Judges Whiton, Jackson, Larrabee, and Hubbell, the first session of the supreme court at Madison, commencing on the eighth day of January, 1849, The second session of, the State legislature commenced, according to law, on the tenth of January, 1849, Harrison C. Hobart being elected speaker of the assembly. Governor Dewey, in his message, sent to both houses on the nth, referred to the rapidly increasing population, of the State, and the indomitable energy displayed in the development of its productive capacity. He recommended the sale of the university lands on a long credit, the erection of a State prison, and the modification of certain laws. On the seventeenth of January, the two houses met in ' joint convention to elect an United States senator in place of Isaac P Walker, who had drawn the short term. The democrats had a small majority on joint ballot. Walker was re-elected; this time, for a full term of six years, from the 4th of March, 1849. The legislature at this session passed many acts of public utility ; some relating to the boundaries of counties ; others, to the laying out" of roads; eighteen, to the organization of towns. The courts were cared for; school districts were organized ; special taxc- were authorized , and an act passed relative to the sale and superintendence of the school and university lands, prescribing the powers and duties of the commissioners who were to have charge of the same. These commissioners, consisting- of the secretary of state, treasurer of state, and attorney general, were not only put in charge of the school and university lands held by the State, but also of funds arising from the sale of them. This law has been many times amended and portions of it repealed. The lands at present subject to sale are classified as school lands, university lands, agricultural college lands, Marathon county lands, normal school lands, and drainage lands, and are subject to sale at private entry on terms fixed by law. Regulations concerning the apportionment and investment of trust funds are made by the commissioners in pursuance of law. All lands now the property of the State subject to sale, or that have been State lands and sold, were derived from the Gen- WISCONSIN AS A STATE. 57 eral Government. Lands owned by the State amount, at the present time, to about one and one half million acres. A joint resolution passed the legislature on the 31st of March, 1849, instructing Isaac P. Walker to resign his seat as United States senator, for " presenting and voting for an amend- ment to the general appropriation bill, providing for a government in California and New Mexico, west of the Rio Grande, which did not contain a provision forever prohibiting the introduction of slavery or involuntary servitude " in those Territories. The senator refused to regard these instructions. The legislature adjourned on the second of April, 1849, after a session of eighty- three days. In July, 1848, the legislature of Wisconsin elected M. Frank, Charles C. Jordan, and A. W. Randall, commissioners to collate and revise all the public acts of the State, of a general and permanent nature in force at the close of the session. Randall declining to act, Charles M. Baker was appointed by the governor in his place. The commissioners commenced their labors in August, 1848, and were engaged in the revision the greater part of the time until the close of the session of the legislature of 1849. It was found impossible for the revisers to conclude their labors within the time contemplated by the act authorizing their appointment; so a joint select committee of the two houses at their second session was appointed to assist in the work. The laws revised by this committee and by the commissioners, were submitted to, and approved by, the legislature. These laws, with a few passed by that body, which were introduced by individual members, formed the Revised Statutes of Wisconsin of 1849 — a volume of over nine hundrnd pages. At the general election held in November of this year, Dewey was re-elected governor. S. W. Beall was elected lieutenant governor ; William A. Barstow, secretary of state ; Jairus C. Fairchild was re-elected treasurer ; S. Park Coon was elected attorney general ; and Eleazer Root, re-elected superintendent of public instruction. All these officers were chosen as dem- ' ocrats, except Root, who ran as an independent candidate, the term of his office having been changed so as to continue two years from the first day of. January next succeeding his election. By the revised statutes of 1849, all State officers elected for a full term went into office on the first of January next succeeding their election. The year 1849 developed in an increased ratio the productive capacity of the State in every department of labor. The agriculturist, the artisan, the miner, reaped the well-earned reward of his honest labor. The commercial and manufacturing interests were extended in a manner highly creditable to the enterprise of the people. The educational interest of the State began to assume a more systematic organization. The tide of immigration suffered no decrease during the year. Within the limits of Wisconsin, the oppressed of other climes continued to find welcome and happy homes. Second Administration. — -Nelson Dewey, Governor (Second Term) — 1850, 1851. On the first day of January, 1850, Nelson Dewey took the oath of office, and quietly entered upon his duties as governor, for the second term. The third legislature convened on the ninth. Moses M. Strong was elected speaker of the assembly. Both houses had democratic majorities. Most of the business transacted was of a local character. By an act approved the fifth of Feb- ruary, the " January term " of the supreme court was changed to December. The legislature adjourned after a session of only thirty-four days. An act was passed organizing a sixth judicial circuit, from and after the first Monday in July, 1850, consisting of the counties of Crawford, Chippewa, Bad Axe, St. Croix and La Pointe, an election for judge to be holden on the same day. Wiram Knowlton was elected judge of that circuit. ^^ HISTORY OP WISCOIfSIN. The first charitable, institution in Wisconsin, incorporated by the State, was the " Wiscons Institute, for the Education of the Blind." A school for that unfortunate class had been opened in Janesville, in the latter part of 1859, receiving its support from the citizens of that place an vicinity. By an act of the legislature, approved February 9, 1850, this school was taken under the care of the Institute, to continue and maintain it, at Janesville, and to qualify, as far as mig be, the blind of the State for the enjoyment of the blessings of a free government ; for' obtaining the means of subsistence ; and for the discharge of those duties, social and political, devolving upon American citizens. It has since been supported from the treasury of the State. On e seventh of October, 1850, it was opened for the reception of pupils, under the direction 01 a board of trustees, appointed by the governor. The Institute, at the present time, has three departments: in one is given instruction such as is usually taught in common schools,^ in another, musical training is imparted ; in a third, broom-making is taught to the boys, sewing, knitting and various kin4s of fancy work to the girls, and seating cane-bottomed chairs to both, boys and girls. On the thirteenth of April, 1874, the building of the Institute was destroyed by fire. A new building has since been erected. The taling of the census by the United States, this year, showed a population for Wisconsin of over three hundred and five thousand — the astonishing increase in two years of nearly ninety- five thousaiid! In 1840, the population of Wisconsin Territory was only thirty thousand. This addition, in ten years, of two hundred and seventy-five thousand transcended all previous experience in the settlement of any portion of the New World, of the same extent of territory. It was the result of a steady and persistent flow of men and their families, seeking permanent homes in the young and rising State. Many were German, Scandinavian and Irish; but the larger proportion were, of course, from the Eastern and Middle States of the Union. The principal attractions of Wisconsin were the excellency and cheapness of its lands, its valuable mines of lead, its extensive forests of pine, and the unlimited water-power of its numerous streams. By the Revised Statutes of 1849, Wisconsin was divided into three congressional districts — the second congressional apportionment — each of which was entitled to elect one representative in the congress of the United States. The counties of Milwaukee, Waukesha, Walworth and Racine constituted the first district; the counties of Rock, Green, La Fayette, Grant, Iowa, Dane, Sauk, Adams, Portage, Richland, Crawford, Chippewa, St. Croix and La Pointe, the second district ; the counties of Washington, Sheboygan, Manitowoc, Brown, Winnebago, Calumet, Fond du Lac, Marquette, Columbia, Dodge and Jefferson, the third district. At the general election in the Autumn of this year, Charles Durkee, of the first district ; Benjamin C. Eastman, of the second ; and Johii B. Macy, of the third district, were elected to represent the State in the thirty-second congress of^ the United States. Durkee, it will be remembered, represented the same district in the previous congress : he ran the second time as an independent candidate. Eastman and Macy were elected upon democratic tickets. The General Government this year donated to the State all the swamp and overflowed lands within its boundaries. The year 1850 to the agriculturist of Wisconsin was not one of unbounded prosperity, owing to the partial failure of the wheat crop. In the other branches of agriculture there were fair returns. The State was visited during the year by cholera ; not, however, to a very alarming extent. The fourth session of the legislature of the State commenced on the 8th of January, 1851. Frederick W. Horn was elected speaker of the assembly. The majority in the legisla- ture was democratic. Governor Dewey, in his message, referred to the death of the president of the United States, Zachary Taylor ; said that the treasury and finances of the State were in a WISCONSIN AS A STATE. 59 sound condition ; and then adverted to many topics of interest and importance to the people of Wisconsin. It was an able document. One of the important measures of the session was the election of an United States senator, in the place of Henry Dodge, whose term of office would expire on the 4th of March, next enduing. In joint convention of the legislature held on the 20th of January, Dodge was re-elected for a full term of six years. On the 2 2d, the governor approved a joint resolution of the legislature, rescinding not only so much of the joint resolu- tion of the legislative assembly of Wisconsin, passed March 31, 1849, as censured Isaac J. Walker, but also the instructions in those resolutions relative to his resigning his seat in the senate of the United States. Among the important bills passed at this session of the legislature was one providing for the location and erection of a State prison. Another one — the apportionment bill — was vetoed by the governor, and having been passed on the last day of the session, failed to become a law. The legislature adjourned on the eighteenth of March, 185 1, after a session of seventy days. On the ist day of January, 1851, Timothy O. Howe took his seat as one of the associate judges of the supreme court, he having been elected judge of the fourth circuit in place of Alex.. ander W. Stow. The office of chief justice of the supreme court, which had been filled by Judge Stow, therefore became vacant, and so remained until the commencement of the next ternrl — June 18, 1851 — when Levi Hubbell, judge of the second circuit, was, by the judges present, pursuant to the statute, elected to that office. By an act of the legislature approved March 14, 1851, the location and erection of a State prison for Wisconsin was provided ifor — the point afterward determined upon as a suitable place for its establishment being Waupun, Dodge county. By a subsequent act, the prison was declared to be the general penitentiary and prison of the State for the reformation as well as for the punishment of offenders, in which were to be confined, employed at hard labor, and governed as provided for by the legislature, all offenders who might be committed and sentenced accord- ing to law, to the punishment of solitary imprisonment, or imprisonment therein at hard labor. The organization and management of this the first reformatory and penal State institution in Wisconsin, commenced and has been continued in accordance with the demands of an advanced civilization and an enlightened humanity. On the 29th of September, 1851, Judge Hubbell was re-elected for the full term of six years as judge of the second judicial circuit, to commence January i, 1852. At the general election in November, 1851, Leonard J. Farwell was chosen governor; Timothy Burns, lieutenant governor; Charles D. Robinson, secretary of State ; E. H. Janssen, State treasurer; E. Estabrook, attorney general; and Azel P. Ladd, superintendent of public instruction. All these officers were elected as democrats except Farwell, who ran as a whig ; his majority over D. A. J. Upham, democrat, was a little rising of five hundred. Third Administration. — L. J. Farwell, Governor — 1852-1853. Governor Farwell's administration commenced on the fifth day of January, 1852. Previous to this — on the third day of the month — Edward V. Whiton was chosen by the judges of the supreme court, chief justice, to succeed Judge Hubbell. On the fourteenth of that month, the legislature assembled at Madison. This was the beginning of the fifth annual session. James McM. Shafter was elected speaker of the assembly. In the senate, the democrats had a, majority ; in the assembly, the whigs. The governor, in his message, recommended the memorial- izing of congress to cause the agricultural lands within the State to be surveyed and brought into market ; to cause, also, the mineral lands to be surveyed and geologically examined, and offered for sale ;. and to make liberal appropriations for the improvement of rivers and harbors, The question of " bank or no bank " having been submitted to the people in November previous, ^^ HISTORY OF WISCONSIN". and decided in favor of banks, under the constitution, the power was thereby given to the legis- lature then in session to grant bank charters, or to pass a general banking law. Farwell recom- mended that necessary measures be taken to carry into effect this constitutional provision. A larger number of laws was passed at this session than at any previous one. By a provision of the constitution, the legislature was given power to provide By law, if they should think it expe- dient and necessary, for the organization of a separate supreme court, 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 might provide. Under this authority, an act was passed at this session providing for the election of a chief justice and two associates, on the last Monday of the September following, to form a supreme court of the State, to supplant the old one, provision for the change being inserted in the constitution. There was also an act passed to apportion and district anew the members of the senate and assembly, by which the number was increased from eighty-five to one hundred and seven : twenty-five for the senate ; eighty- two for the assembly. An act authorizing the business of banking passed the legislature and was approved by the governor, on the 19th of April. By this law, the office of bank-comptroller was created — the officer to be .first appointed by the governor, and to hold his office until the first Monday in January, 1854. At the general election in the Fall of 1853, and every two years thereafter, the office was to be filled by vote of the people. Governor Farwell afterward, on the 20th of November, appointed James S. Baker to that office. The legislature adjourned on the nineteenth of April, 1852. The second charitable institution incorporated by the State was the " Wisconsin Institute for the Education of the Deaf and Dumb." It was originally a private school for deaf mutes, near, and subsequently in, the village of Delavan, Walworth county. By an act of the legislature approved April 19, 1852, it was made the object and duty of the corporation to establish, con- tinue and maintain this school for the education of the deaf and dumb, " at or near the village of Delavan, to qualify, as near as might be, that unfortunate class of persons for the enjoyment of the blessings of a free government, obtaining the means of subsistence, and the discharge of those duties, social and political, devolving upon American citizens." It has since been sup- ported by annual appropriations made by the legislature. A complete organization of the school was effected in June, 1852, under the direction of a board of trustees appointed by the governor of the State. The institute has for its design the education of such children of the State as, on accourit of deafness, can not be instructed in common schools. Instruction is given by signs, by the manual alphabet, by written language, and to one class by articulation. Two trades are taught: cabinet-making and shoe-making. During this year, considerable interest w?.s manifested in the projecting of railroads. At the September election, E. V. Whiton was elected chief justice of the new supreme court and Samud Crawford and Abram D. Smith associate justices. Under the law, the chief justice was to serve a term of four years from the first day of June next ensuing ; while the two associates were to cast lots — one to serve for six years, the other foi" two years, from June i, 1853. Craw- ford drew the short term— Smith the long term. At the subsequent general election for mem- bers to the thirty-third congress, Daniel Wells, Jr., was chosen from the first district , B. C. Eastman from the second; and J. B. Macy from the third district. All were democrats. A democratic electoral ticket was chosen at the same time. The electors cast their votes for Pierce and Butler. During 1852, the citizens of Wisconsin enjoyed unusual prosperity in the ample products and remuneration of their industry and enterprise. Abundant harvests and high markets ; an increase in moneyed circulation, and the downward tendency of the rates of irjterest ; a prevail- ing confidence among business men and in business enterprises; a continual accession to the WISCONSIN AS A STATE. 61 population of the State by immigration ; the energetic prosecution of internal improvements under the skillful management of companies; the extension of permanent agricultural improve- ments; and the rapid growth of the various cities and villages; were, among the encouraging prospects of the year. The sixth session of the Wisconsin legislature commenced on the twelfth of January, 1853. On the twenty-sixth of the same month, William K. Wilson, of Milwaukee, preferred charges in the assembly against Levi Hubbell, judge of the second judicial circuit of the State, of divers acts of corruption and malfeasance in the discharge of the duties of his office. A resolu- tion followed appointing a committee to report articles of impeachment, directing the members thereof to go to the senate and impeach Hubbell. ' Upon the trial of the judge before the senate, he was acquitted. An act was passed to provide for the election of a State prison commis- sioner by the legislature at that session — to hold his office until the first day of the ensuing. January. The office was then to be filled by popular vote at the general election in November, 1853 — and afterwards biennially — the term of office to be two years from the first day of Jan- uary next succeeding the election by the people. On the 28th of March, the legislature, in joint convention, elected John Taylor to that office. The legislature adjourned on the fourth day of April until the sixth of the following June, when it again met, and adjourned sine die on the thirteenth of July, both sessions aggregating one hundred and thirty-one days. By an act of the legislature approved February 9, 1853, the "Wisconsin State Agricultural Society," which had been organized in March, 1851, was incorporated, its object being to promote and improve the condition of agriculture, horticulture, and the mechanical, manufacturing and household arts. It was soon after taken under the fostering care of the State by an appropria- tion made by the legislature, to be expended by the society in such manner as it might deem best calculated to promote the objects of its incorporation; State aid was continued down to the commencement of the rebellion. No help was extended during the war nor until 1873 ; since which time there has been realized annually from the State a sum commensurate with its most pressing needs. The society has printed seventeen volumes of transactions and has held annually a State fair, except during the civil war. Besides these fairs, its most important work is t^ie holding annually, at the capital of the State, a convention for the promotion of agriculture gen- erally. The meetings are largely participated in by men representing the educational and industrial interests of Wisconsin. By an act of the legislature approved March 4, 1853, the "State Historical Society of Wisconsin" was incorporated — having been ^previously organized — the object being to collect, embody, arrange and preserve in authentic form, a library of books, pamphlets, maps, charts, manuscripts, papers, paintings, statuary and other materials illustrative of the history of the State; to rescue from oblivion the memory of its early pioneers, and to obtain and preserve narratives of their exploits, perils, and hardy adventures ; to exhibit faithfully the antiquities, and the past and present condition, and resources of Wisconsin. The society was also author- ized to take proper steps to promote the study of history by lectures, and to diff"use and publish information relating to the description and history of the State. The legislature soon after took the society under its fostering care by voting a respectable sum for its benefit. Liberal State aid has been continued to the present time. The society, besides collecting a library of historical books and pamphlets the largest in the West, has published eight volumes of collections and a catalogue of four volumes. Its rooms are in the capitol at Madison, and none of its property can be alienated without the consent of the State. It has a valuable collection of painted por- traits and bound newspaper'files ; and in its cabinet are to be found many prehistoric relics. On the first day of June, 1853, the justices of the new supreme court went into office : Associate 62 HISTOEY OF WISCONSIN. Justice Crawford, for two years; Chief Justice Whiton, for four' years, Associate Justice Smith for six years as previously mentioned. The first (June) term was held at Madison. La Fayette Kellogg was appointed and qualified as clerk. On the 21st of September, Timothy Burns, lieu- tenant governor of Wisconsin, died at La Crosse. As a testimonial of respect for the deceased the several State departments, in accordance with a proclamation of the governor, were closed for one da,y— October 3, 1853. In the Fall of this year, democrats, whigs and free-soilers, each called a convention to nominate candidates for the various State offices to be supported by them at the ensuing election in November. The successful ticket was, for governor, William A. Bars- tow ; for lieutenant governor, James T. Lewis , for secretary of State, Alexander T. Gray, for State treasurer, Edward H. Janssen ; for attorney general, George B. Smith ; for superintendent of public instruction, Hiram A. Wright; for State prison commissioner, A. W. Starks; and for bank comptroller, William M. Dennis. They were all democrats. The year 1853. was, to the agriculturists of the State, one of prosperity. Every branch of industry prospered. The increase of commerce and manufactures more than realized the expec- tations of the most sanguine. Fourth Administration. — William A. Barstow, Governor — 1854-1855. On Monday, the second of January, 1854, William A. Barstow took the oath of office as governor of Wisconsin. The legislature commenced its seventh regular session on the eleventh of January. Fred- erick W. Horn was elected speaker of the assembly, feoth houses were democratic, The legislature adjourned on the 3d of April following, after a session of eighty-three days. In the early part of March, a fugitive slave case greatly excited the people of Wisconsin. A slave named Joshua Glover, belonging to B. S. Garland of Missouri, had escaped from his master and made his way to the vicinity of Racine. Garland, learning the whereabouts of his personal chattel, came to the State, obtained, on the 9th of March, 1854, from the judges of the district court of the United States for the district of Wisconsin, a warrant for the apprehension of Glover, which was put into the hands of the deputy marshal of the United States. Glover was secured and lodged in jail in Milwaukee. A number of persons afterward assembled and rescued the fugitive. Among those who took an active part in this proceeding was Sherman M. Booth, who was arrested therefor and committed by a United States commissioner, but was released from custody by Abram D. Smith, one of the associate justices of the supreme court of Wisconsin, upon a writ of habeas corpus. The record of the proceedings was thereupon taken to that court in full bench, by a writ of certiorari to correct any error that might have been committed before the associate justice. At the June term, 1854, the justices held that Booth was entitled to be discharged, because the commitment set forth no cause for detention. Booth was afterward indicted in the United States district court and a warrant issued for his arrest. He was again imprisoned; and again he applied to the supreme court — then, in term time — for a writ of habeas corpus. This was in July, 1854. In his petition to the supreme court. Booth set forth that he was in confinement upon a warrant issued by the district court of the' United States and that the object of the imprisonment was to compel him to answer an, indictment then pending against him therein. The supreme court of the State held that these facts showed that the district court of the United States had obtained jurisdiction of the case and that it was apparent that the indictment was for an offense of which the federal courts had exclusive jurisdiction. They could not therefore interfere ; and his application for a discharge was denied. ' Upon the indictment, Booth was tried and convicted, fined and imprisoned, for a violation of thT fugitive slave law. Again the prisoner applied to the supreme court of Wisconsin, — his WISCONSIN AS A STATE. 63 last application bearing date January 26, 1855. He claimed discharge on the ground of the unconstitutionality of the law under which he had been indicted. The supreme court held that the indictment upon which he had been tried and convicted contained three counts, the first of which was to be considered as properly charging an offense within the act of congress of Septem- ber- 18, 1850, known as the. " fugitive slave law," while the second and third counts did not set forth or charge an offense punishable by any statute of the United States ; and as, upon these last- mentioned counts he was found guilty and not upon the first, he must be discharged. The action of the supreme court of Wisconsin in a second time discharging Booth, was afterward reversed by the supreme court of the United States ; and, its decision being respected by the State court. Booth was re-arrested in i860, and the sentence of the district court of the United States executed in part upon him, when he was pardoned by. the president. By an act of the legislature, approved March 30, 1854, a " State Lunatic Asylum " was directed to be built at or in the vicinity of Madison, the capital of the State, upon land to be donated or purchased for that purpose. By a subsequent act, the name of the asylum was changed to the " Wisconsin State Hospital for the Insane." This was the third charitable institution established by the State. The hospital was opened for patients in July, i860, under the direction of a board of trustees appointed by the governor. All insane persons, residents of Wisconsin, who, under the law providing for admission of patients into the hospital for treatment, become resi- dents therein, are maintained at the expense of the State, provided the county in which such patient resided before being brought to the hospital pays the sum of one dollar and fifty cents a week for his or her support. Any patient can be supported by relatives, friends or guardians, if the latter desire to relieve the county and State from the burden, and can have special care and be provided with a special attendant, if the expense of the same be borne by parties interested. The hospital is beautifully located on the nortl^ shore of Lake Mendota, in Dane county, about four miles from Madison. At the general election in tHe Fall of 1854, for members from Wisconsin to the thirty-fourth congress, Daniel Wells, Jr. was chosen from the first district ; C. C. Washburn, from the second, and Charles Billinghurst from the third district. Billinghurst and Washburn were elected as republicans — that party having been organized in the Summer previous. Wells was a democrat. The year 1854 was one of prosperity forjWisconsin, to all its industrial occupations. Abund- ant crops and increased prices were generally realized by the agriculturist. It was a year also of general health. It was ascertained that the amount of exports during the year, including lumber and mineral, exceeded thirteen millions of dollars. The eighth regular session of the State legislature commenced on the loth of January, 1855. C. C. Sholes was elected speaker of the assembly. The senate was democratic; the assembly, republican. On joint ballot, the republicans had but one majority. On the 1st of February, Charles Durkee, a republican, was elected United States senator for a full term of six years from the 4th of March next ensuing, to fill the place of Isaac P. Walker whose term would expire on that day. Among the bills passed of a general nature, was one relative to the rights of married women, providing that any married woman, whose husband, either from drunkenness or profligacy, should neglect or refuse to provide for her support, should have the right, in her own name, to transact business, receive and collect her own earnings, and apply the same for her own support, and education of her children,' free from the control and interference of her husband. The legislature adjourned sine die on the second of April, after a session of eighty-three days. Orsamus Cole having been elected in this month an associate. justice of the supreme court in place of Judge Samuel Crawford, whose term of office would expire on the thirty-first of May of that year, went into of&ce on the first day of June following, for a term of six years. His office would therefore end on the thirty-first of May, 1861. 64 HISTOEY OP WISCONSniT. On the 27th of May, 1855, Hiram A. Wright, superintendent of public instruction, died at Prairie du Chien. On the i8th of June following, the governor appointed A. Constantine Barry to fill his place. On the sth of July, Garland, the owner of the rescued fugitive slave Glover, having brought suit in the United States district court for the loss of his slave, against Booth, the trial came on at Madison, resulting in the jury bringing in a verdict under instructions from the judge, of one thousand dollars, the value of a negro slave as fixed by act of congress of. 1850. The constitution of the State requiring the legislature to provide by law for an enumeration of the inhabitants in the year 1855, an act was passed by that body, approved March 31, of this year, for that purpose. The result showed a population for Wisconsin of over five hundred and ' fifty-two thousand. In November, at the general election, the democratic ticket for State offi- cers was declared elected: William A. Barstow, for governor; Arthur Mc Arthur, for lieutenant governor ; David W. Jones, for secretary of State ; Charles Kuehn, for State treasurer ; Wil- liam R. Smith, for attorney general; A. C. Barry, for superintendent of public instruction; William M. Dennis, for bank comptroller; and Edward McGarry for State prison commissioner. The vote for governor was very close; but the State canvassers declared Barstow elected by a small majority. The opposing candidate for that office was Coles Bashford, who ran as a republican The year 1855 was a prosperous one to the farmers of Wisconsin as well as to all industrial occupations. There were abundant crops and unexampled prices were realized. Fifth Administration. — Coles Bashford, Governor — 1856-1857. On the seventh day of January, 1856, William A. Barstow took and subscribed an oath of office as governor of Wisconsin, while Coles Bashford, who had determined to contest the right of Barstow to the governorship, went, on the same day, to the supreme court room, in Madison, and had the oath of office administered to him by Chief Justice Whiton. Bashford afterward called at the executive office and made a formal demand of Barstow that he should vacate the gubernatorial chair; but the latter respectfully declined the invitation. These were the initiatory steps of " Bashford vs. Barstow," for the office of governor of Wisconsin. The fight now commenced in earnest. On the eleventh, the counsel for Bashford called upon the attorney general and requested him to file an information in the nature of a quo •warranto' against Barstow. On the fifteenth that officer complied with the request. Thereupon a summons was issued to Barstow to appear and answer. On the twenty-second, Bashford, by his attorney, asked the court that the information filed by the attorney general be discontinued and that he be allowed to file one, which request was denied by the court. While the motion was being argued, Barstow, by his attorneys, entered his appearance in the case. On the second of February, Barstow moved to quash all proceedings for the reason that the court had no jurisdiction in the matter. This motion was denied by the court ; that tribunal at , the same time 'deciding that the filing of the motion was an admission by Barstow that the alle- gations contained in the information filed by the attorney general were true. On the tweiity-first of Febiuary, the time appointed for pleading to the information, Bar- stow, by his attorneys, presented to the court a stipulation signed by all the parties in the case, to the effect that the board of canvassers had determined Barstow elected governor ; that the secre- tary of State had certified to his election ; and that he had taken the oath of office. They submit- ted to the court whether it had jurisdiction, beyond the certificates, of those facts and the canvass so made to inquire as to the number of votes actually given for Barstow, — Bashford offering to prove that the certificates were made and issued through mistake and fraud, and that he, instead of Barstow, received the greatest number of votes. This stipulation the court declined to enter- tain or to pass upon the questions suggested ; as they were not presented in legal form. Barstow WISCONSIK AS A STATE. 65 was thereupon given until the twenty-fifth of February to answer the information that had been filed against him by the attorney general. On the day appointed, Barstow filed his plea to the effect that, by the laws of Wisconsin regulating the conducting of general election for State officers, it was the duty of the board of canvassers to determine who was elected to the office of governor ; and that the board had found that he was duly elected to that office. It was a plea to the jurisdiction of the court. A demurrer was interposed to this plea, setting forth that the matters therein contained were not sufficient in law to take the case out of court ; asking, also, for a judgment against Barstow, or that he answer further the information filed against him. The demurrer was sustained ; and «Barstow was required to answer over within four days ; at the expiration of which time the counsel for Barstow withdrew from the case, on the ground, as they alleged, that they had appeared at the bar of the court to object to the jurisdiction of that tribunal in the matter, and the court had determined to proceed with the case, holding and exercising full and final jurisdiction over it; and that they could take no further steps without conceding the right of that tribunal so to hold. Thereupon, on the eighth of March, Barstow entered a protest, by a communication to the supreme court, against any further interference with the department under his charge by that tribunal, " either by attempting to transfer its powers to another or direct the course of executive action." The counsel for Bashford then moved for judgment upon the default of Barstow. A further hearing of the case was postponed until March 18, when the attorney general filed a motion to dismiss the proceedings ; against which Bashford, by his counsel, protested as being prejudicial to his rights. It was the opinion of the court that the attorney general could not dismiss the case, that every thing which was well pleaded for Bashford in his information was confessed by the default of Barstow. By strict usage, a final judgment ought then to have fol- lowed ; but the court came to the conclusion to call upon Bashford to bring forward proof, showing his right to the office. Testimony was then adduced at length, touching the character of the returns made to the State canvassers; after hearing of which it was the opinion of the court that Bashford had received a plurality of votes for governor and that there must be a judgment in his favor and one of ouster against Barstow ; which were rendered accordingly. The ninth regular session of the legislature of Wisconsin commenced on the ninth of January, 1856. William Hull was elected speaker of the assembly. The senate had a repub- lican majority, but the assembly was democratic. On the eleventh Barstow sent in a message to a joint convention of the two houses. On the twenty-first of March he tendered to the legisla- ture his resignation as governor, giving for reasons the action of the supreme court in " Bashford vs. Barstow," which tribunal was then hearing testimony in the case. On the same d'ay Arthur McArthur, lieutenant governor, took and subscribed an oath of office as governor of the State, afterwards sending a message to the legislature, announcing that the resignation of Barstow made it his duty to take the reins of government. On the twenty-fifth, Bashford called on McArthur, then occupying the executive office, and demanded possession — at the same time intimating that he preferred peaceable measures to force, but that the latter would' be employed if necessary. The lieutenant governor thereupon vacated the chair, when the former took the gubernatorial seat, exercising thereafter the functions of the office until his successor was elected and qualified. His right to the seat was recognized by the senate on the twenty-fifth, and by the assembly on the twenty-seventh of March, 1856. This ended the famous case of " Bashford vs. Barstow," the first and only " war of succession " ever indulged in by Wisconsin. The legislature, on the thirty-first of March, adjourned over to the third of September, to dispose of a congressional land grant to the State. Upon re-assembling, an important measure was taken up — that of a new apportionment for the legislature. It was determined to increase the "" HISTORY OF WISCONSIN. number of members from one hundred and seven to one hundred and twenty-seven. The session closed on the thirteenth of October. The general election fpr members to the thirty-fifth congress, held in November, resulted in the choice of John H. Potter, from the first district ; C. C. Washburn from the second ; and Charles Billinghurst, from the third district. They were all elected as republicans. The presidential canvass of this year was an exciting one in the State. The republicans were successful. Electors of that party cast their, five votes for Fremont and Dayton. The year 1856 was not an unprosperous one, agriculturally speaking, although m some respects decic|edly unfavorable. In mai^y districts the earlier part of the season was exceedingly dry, which materially diminished the wheat crop. Other industrial interests were every where in a flourishing condition. The legislature commenced its tenth regular session at Madison, on the fourteenth day of January, 1857, with a republican majority in both houses. Wyman Spooner was elected speaker of the assembly. For the first time since the admission of the State into the Union, a majority of the members of both houses, together with the governor, were opposed to the democratic party. On the twenty-third the senate and assembly met in joint convention, for the purpose of electing a United States senator in place of Henry Dodge, whose term of office would expire on the fourth of March next ensuing. James R. Doolittle, republican, was the successful candidate for that office, for a full term of six years, from the fourth of March, 1857. The legislature adjourned on the ninth of March, 1857. At the Spring election. Judge Whiton was re-elected chief justice of the supreme court for a term of six years. The second reformatory State institution established in Wisconsin, was, by an act of the legislature, approved March 7, 1857, denominated a House of Refuge for Juvenile Delinquents, afterward called the State Reform School, now known as the Wisconsin Industrial School for Boys, and is located at Waukesha, the county seat pf Waukesha county. The courts and several magistrates in any county in Wisconsin may, in their discretion, sentence to this school any male child between the ages of ten and sixteen years, convicted of vagrancy, petit larceny, or any misdemeanor ; also of any offense which would otherwise be punishable by imprisonment in the State prison ; or, of incorrigible or vicious conduct in certain cases. The term of commit- ment must be to the age of twenty-one years. At the State election held in November of this year, the republicans elected A. W. Randall governor; S. D. Hastings, State treasurer, and Edward M. McGraw, State prison commis- sioner. The democrats elected E. D. Campbell, lieutenant governor ; D. W. Jones, secretary of State ; Gabriel Bouck, attorney general ; L. C. Draper, superintendent of public instruc- tion, and J. C. Squires, bank comptroller. The year 1857 was a disastrous one to Wisconsin, as well as to the whole country, in a finan- cial point of view. Early in the Fall a monetary panic swept over the land. A number of prominent operators in the leading industrial pursuits were obliged to succumb. Agriculturally the year was a fair one for the State. Sixth Administration. — Alexander W. Randall, Governor — 1858-1859. Randall's administration began on the fourth day of January, 1858, when for the first time he was inaugurated governor of the State. On the eleventh of January the legislature commenced its eleventh regular session, with a republican majority in both houses. Frederick S. Lovell was elected speaker of the assembly. The legislature adjourned sine die on the seventeenth of March, after an unusua,lly long session of one hundred and twenty-five days. " That a large majority of the members were men of integrity, and disposed for the public weal, can not WISCONSISr AS A STATE. 67 be doubted ; but they were nearly all new members, and without former legislative experience. They set out to accomplish a great good, by holding up to public scorn and execration the whole- sale briberies and iniquities of the immediate past ; but they lacked concentration of effort, and, for want of union and preconcerted action, they failed to achieve the great triumph they sought, by providing a 'sovereign remedy ' for the evils they exposed." At the regular session of the legislature of 1856, an act was jiassed for a general revisiTi of the laws of the State. .Under this, and a subsequent act of the adjourned session of that year, three commissioners — David Taylor, Samuel J. Todd, and F. S. Lovell — were appointed "to collect, compile and digest the general laws " of Wisconsin. Their report was submitted to the legislature of 1858, and acted upon at a late day of the session. The laws revised, which received the sanction of the legislature, were published in one volume, and constitute what is know as the Revised Statutes of 1858. At the Fall election, John F. Potter from the first district, and C. C. Washburn from the second district, both republicans, were elected to the thirty-sixth congress ; while C. H. Larrabee, democrat, was el&ted to represent the third district. The twelfth regular session of the Wisconsin legislature commenced on the twelfth of January, 1859, with a republican majority in both houses. William P. Lyon was elected speaker of the assembly. The legislature adjourned sine die on the twenty-first of March, 1859, after a session of sixty-nine days. At the regular spring election, Byron Paine was chosen associate justice of the supreme court, for a full term of six years, as the successor of Associate Justice Smith. As it was a question when the term of the latter ended — whether on the 31st day of May, 1859, or on the first Monday in January, i860 — he went through with the formality of resigning his office, and the governor of appointing Paine as his successor, on the 20th of June, 1859. On the twelfth of April, 1859, Edward V. Whiton, chief justice of the supreme court, died at his residence in Janesville. The office was filled by executive appointment on the 19th of the same month — the successor of Judge Whiton being Luther S. Dixon. Late in the Sum- mer both political parties put into the field a full state ticket. The republicans were successful — electing for governor, Alexander W. Randall ; for lieutenant governor, B. G. Noble ; for secretary of state, L. P. Harvey ; for state treasurer, S. D. Hastings, for attorney general, James H. Howe ; for bank comptroller, G. Van Steenwyck ; for superintendent of public instruction, J. L. Pickard ; for state prison commissioner, H. C. Heg. Seventh Administration. — Alexander W. Randall, Governor (second term), 1860-1861. Alexander W. Randall was inaugurated the second time as governor of Wisconsin, on Monday, January 2, i860. One week subsequent, the thirteenth regular session of the legis- lature commenced at Madison. For the first time the republicans had control, not only of all the State offices, but also of both branches of the legislature. William P. Lyon was elected speaker of the assembly. A new assessment law was among the- most important of the acts passed at this session. The legislature adjourned on the second of April. At the spring elec- tion, Luther S. Dixon, as an independent candidate, was elected chief justice of the supreme court for the unexpired term of the late Chief Justice Whiton. In the presidential election which followed, republican electors were chosen — casting their five votes, in the electoral college, for Lincoln and Hamlin. At the same election, John F. Potter, from the first district ; Luther Hanchett, from the second, and A. Scott Sloan, frpm the third district, were elected members of the thirty-seventh congress. Hanchett died on the twenty-fourth of November, 1862, when, on the twentieth of December following, W. D, Mclndoe was elected to fill the vacancy. All these congressional representatives were republicans. Wisconsin, in i860, was a strong repub- ^8 HISTORY OF WISCONSIN". lican State. According to the census of this year, it had a population of over seven hundred and seventy-seven thousand. On the ninth of January, 1861, the fourteenth regular session of the State legislature com- menced at Madison. Both branches were republican. Amasa Cobb was elected speaker of the assembly. On the tenth, both houses met in joint convention to hear the governor read his annual message. It was a remarkable document. Besides giving an excellent synopsis of the operations of the State government for i860, the governor entered largely into a discussion of the question of secession and disunion, as then proposed by some of the southern states of the Union. These are his closing words : " The right of a.State to secede from the Union can never be admitted. The National Government can not treat with a State while it is in the Union, and particularly while it stands in an attitude hostile to the Union. So long as any State assumes a position foreign, inde- pendent and hostile to the government, there can be no reconciliation. The government of the United States can not treat with one of its own States as a foreign power. The constitutional laws extend over every Stat? alike.. They are to be enforced in every State alike. A State can not come into the Union as it pleases, and go out when it pleases. Once in, it must stay until the Union is destroyed. There is no coercion of a State. But where a faction of a people arrays itself, not against one act, but against all laws, and against all government, there is but one answer to be made : ' The Government must be sustained j the laws shall be enforced ! ' " On the twenty-third of January the legislature met in joint convention to elect a United States senator to fill the place of Charles Durkee, whose term of office would expire on the fourth of March next ensuing. The successful candidate was Timothy O. Howe, republican, who was elected for a full term of six years from the 4th of March, 1861. One of the important acts passed at this session of the legislature apportioned the State into senate and assembly districts, by which the whole number of members in both houses was increased from one hun- dred and twenty-seven to one hundred and thirty-three. Another act apportioned the State into six congressional districts instead of three. By this — the third congressional apportionment — each district was to elect one representative. The first district was composed of the counties of Milwaukee, Waukesha, Walworth, Racine, and Kenosha ; the second, of the counties of Rock Jefferson, Dane, and Columbia; the third, of Green, La Fayette, Iowa, Grant, Crawford, Rich- land, and Sauk; the fourth, of Ozaukee, Washington, Dodge, Fond du Lac, and Sheboygan; the fifth, Manitowoc, Calumet, Winnebago, Green Lake, Marquette, Waushara, Waupaca, Outa- gamie, Brown, Kewaunee, Door, Oconto, and Shawano ; and the sixth, of the counties of Bad Axe, La Crosse, M. nroe, Juneau, Adams, Portage, Wood, Jackson, Trempealeau, Buffalo, Pepin, Pierce, St. Croix, Dunn, Eau Claire, Clark, Marathon, Chippewa, Dallas, Polk, Burnett, Douglas* LaPointe, and Ashland. The legislature adjourned on the seventeenth of April, 1861. At the spring elections of this year, Orsamus Cole was re-elected as associate justice of the upreme court. On the ninth of May following, Governor Randall issued a proclamation convening the legislature in extra session on the fifteenth of the same month. " The extraordinary condition of the country," said he, "growing out of the rebellion against the government of the United States, makes it necessary that the legislature of this State be convened in special session to provide more completely for making the power of the State useful to the government and' to other loyal States." The fifteenth or extra session began on the fifteenth of May, as designated in the governor's proclamation. The message of the governor was devoted entirely to the war. •' At the close of the last annual session of the legislature," said he, " to meet a sudden emer- gency, an act was passed authorizing me to respond to the call of the president of the United States, 'for aid in maintaining the. Union and the supremacy of the laws, or to suppress rebellion s WISCONSIN AS A STATE. 69 or insurrection, or to repel inva?ion within the United States,' and I was authorized, and it was made my duty, to take sucli measures as, in my judgment, should provide in the speediest and most efficient manner for responding to such call : and to this end I was authorized to accept the services of volunteers for active service, to be enrolled in companies of not less than seventy-five men each, rank and file, and in regiments of ten companies each. I was also authorized to provide for uniforming and equipping such companies as were not provided with uniforms and equipments." " The first call of the president for immediate active service," con- tinued the governor, " was for one regiment of men. My proclamation, issued immediately after the passage of the act of the legislature, was answered within less than ten days, by companies enough, each containing the requisite number of men, to make up at least five regiments instead of one. I then issued another proclamation, annq^incing the off"ers that had been made, and advising that thereafter companies might be enrolled to stand as minute men, ready to answer further calls, as they might be made, but without expense to the State, except as they were mustered into service. In less than one month from the date of my first proclamation, at least five thou- sand men, either as individuals or .enrolled companies, have offered their services for the war, and all appear anxious for active service in the field." " The time for deliberation," concludes the governor, " must give way to the time for action. The constitution of the United States must be sustained in all its first intent and wholeness. The right of the people of every State to go into every other State and engage in any lawful pursuit, without unlawful interference or molestation; the freedom of speech and of the press; the right of trial by jury; security from unjustifiable seizure of persons or papers, and all constitutional privileges and immunities, must receive new guarantees of safety." The extra session of the legislature passed, wtih a single exception, no acts except such as appertained to the military exigencies of the times. Both houses adjourned sine die on the twenty-seventh of May, i86t. As the administration of Governor Randall would close with the year, and as he was not a candidate for re-election, there was much interest felt throughout the State as to who his successor should be. Three State tickets were put in nomination : union, republican, and democratic. The republican ticket was successful, electing Louis P. Harvey, governor; Edward Salomon, lieutenant governor; James T. Lewis, secretary of state ; S. D. Hastings, state treasurer; James H. Howe, attorney general; W. H. Ramsey, bank comp- troller; J. L. Pickard, superintendent of public instruction; and A. P. Hodges, state prison commissioner. The War of Secession — Last Year of Randall's Administration. When Wisconsin was first called upon to aid the General Government in its efforts to sustain itself against the designs 6f the secession conspirators, the commercial affairs of the State were embarrassed to a considerable degree by the depreciation of the currency. The designs of the secessionists were so far developed at the ending of the year i860 as to show that resistance to the national authority had been fully determined on. It is not a matter of wonder, then, that Governor Randall in his message to the legislature, early in January, i86r, should have set forth the dangers which threatened the Union, or should have denied the right of a State to secede from it. " Secession," said he, " is revolution ; revolution is war ; war against the government of the United States is treason." "It is time," he continued, "now, to know whether we have any government, and if so, whether it has any strength. Is our written constitution more than a sheet of parchment .' The nation must be lost or preserved by its own strength. Its strength is in the patriotism of the people. It is time now that politicians became Datriots; that men show their love of country by every sacrifice, but that of principle, and by 70 HisTOBY or wiscoisrsiisr. unwavering devotion to its interests and integrity." "The hopes," added the governor, most eloquently, " of civilization and Christianity are suspended now upon the answer to this question of dissolution. The capacity for, as well as the right of, self-government is to pass its ordeal, and speculation to become certainty. Other systems have been tried, and have failed ; and all along, the skeletons of nations have been strewn, as warnings and land-marks, upon the great highway of historic overnment. Wisconsin is true, and her people steadfast. ^She will not destroy the Union, nor consent that it shall be done. Devised by great, and wise, and good men, in days of sore trial, it must stand. Like some bold mountain, at whose base the great seas break their angry floods, and around whose summit the thunders of a thousand hurricanes have rattled — strong, unmoved, immpvable — so may our Union be, while treason surges at its base,^ and passions rage around it, unmoved, immovable — here let it stand forever." These are the words of an exalted and genuine patriotism. But the governor did not content himself with eloquence alone. He came down to matters of business as well. He urged the necessity of legislation that would give more efficient organization to the militia of the State. He warned the legislators to make preparations also for the coming time that should try the souls of men. "The signs of the times," said he, " indicate that there may arise a contingency. in the condition of the government, when it will become necessary to respond to a call of the National Government for men and means to maintain the integrity of the Union, and to thwart the designs of men engaged in organized treason. While no unnecessary expense should be incurred, yet it is the part of wisdom, both for individuals and States, in revolutionary times, to be prepared to defend our institutions to the last extremity." It was thus the patriotic governor gave evidence to the members of both houses that he " scented the battle afar off." On the i6th of January, a joint resolution of the legislature was passed, declaring that the people of Wisconsin are ready to co-operate with the friends of the Union every where for its preservation, to yield a cheerful obedience to its requirements, and to demand a like obedience from ill others ; that the legislature of Wisconsin, profoundly impressed with the value of the Union, and determined to preserve it unimpaired, hail with joy the recent firm, dignified and patriotic special message of the president of the United States ; that they tender to him, through the chief magistrate of their own State, whatever aid, in men and money, may be required to enable him to enforce the laws and uphold the authority of the Federal Government, and in defense of the more perfect Union, which has conferred prosperity and happiness on the American people. " Renewing," said they, " the pledge given and redeemed by our fathers, we are ready to devote our lives, our fortunes, and our sacred honors in upholding the Union and the constitution." The legislature, in order to put the State upon a kind of "war footing," passed an act for its defense, and to aid in enforcing the laws and maintaining the authority of the General Government. It was under this act that Governor Randall was enabled to organize the earlier regiments of Wisconsin. By it, in case of a call from, the president of the United States to aid in maintaining the Union and the supremacy of the laws to suppress rebellion or insurrection, or to repel invasion' within the United States, the governor was authorized to provide, in the most efficient manner, for responding to such call — to accept the services of volunteers for service, in companies of seventy-five men each, rank and file, and in regiments of ten companies each, and to commission officers for them. The governor was also authorized to contract for uniforms and equipments necessary for putting such companies into active service. One hundred thousand. dollars were appropriated for war purposes; and bonds were authorized to be issued for that amount, to be negotiated by the governor, for raising funds. It will be seen, therefore, that the exigencies of the times — for Fort Su.nter had not yet been surrendered — WISCOXSIX AS A STATE. Tl were fully met by the people's representatives, they doing their whole duty, as they then under- stood it, in aid of the perpetuity of the Unipn. Having defended Fort Sumter for thirty-four hours, until the quarters were entirely burned, the main gates destroyed, the gorge-wall seriously injured, the magazine surrounded by flames, and its door closed from the effects of the heat, four barrels and three cartridges of powder only being available, and no provisions but pork remaining, Robert Anderson, major of the first artillery, United States army, accepted terms of evacuation offered by General Beauregard, marched out of the fort on Sunday afternoon, the fourteenth of April, 1861, with colors flying and drums beating, bringing away company and private property, and saluting his flag with fifty guns. This, in brief, is the story of the fall of Sumter and the opening act of the War of the Rebellion. " Whereas," said Abraham Lincoln, president, in his proclamation of the next day, " the laws of the United States have been for some time past, and now are, opposed, and the execution thereof obstructed, in the States of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by law." Now, in view of that fact, he called forth the militia of the several States of the Union, to the aggregate number of seventy-five thousand, in order to suppress those combinations, and to cause the laws to be duly executed. " A call is made on you by to-night's mail for one regiment of militia for immediate service," telegraphed the secretary of war to Randall, on the same day. In Wisconsin, as elsewhere, the public pulse quickened under the excitement of the fall of Sumter. " The dangers which surrounded the nation awakened the liveliest sentiments of patriotism and devotion. For the time, party fealty was forgotten in the general desire to save the nation. The minds of the people soon settled into the conviction that a bloody war was at hand, and that the glorious fabric of our National Government, and the principles upon which ■ it is founded," were in jeopardy, and with a determination unparalleled in the history of any country, they rushed to its defense. On every hand the National flag could be seen displayed, and the public enthusiasm knew no bounds ; in city, town, and hamlet, the burden on every tongue was war." "We have never been accustomed," said Governor Randall, " to consider the military arm as essential to the maintenance of our government, but an exigency has arisen that demands its employment." "The time has come," he continued, " when parties and plat- forms must be forgotten, and all good citizens and patriots unite together in putting down rebels and traitors." "What is money," he a"sked, "what is life, in the presence of such a crisis ? " Such utterances and such enthusiasm could but have their effect upon the legislature, which, it will be remembered, was still in session ; so, although that body had already voted to adjourn, sine die, on the fifteenth of April, yet, when the moment arrived, and a message from the governor was received, announcing that, owing to the extraordinary exigencies which had arisen, an amend- ment of the law of the thirteenth instant was necessary, the resolution to adjourn was at once rescinded. The two houses thereupon not only increased the amount of bonds to be issued to two hundred thousand dollars, but they also passed a law exempting from civil process, during the time of service, all persons enlisting and mustering into the United States army from Wis- consin. When, on the seventeenth, the legislature did adjourn, the scene was a remarkable one. Nine cheers were given for the star spangled banner and three for the Governor's Guard, who had just then tendered their services — the first in the State — under the call for a regiment of men for three months' duty. " For the first time in the history of this federal government,'' are the words of the gover- nor, in a proclamation issued on the sixteenth of April, " organized treason has manifested itself within several States of the Union, and armed rebels are making war against ir." "The treasuries of the country," said he, " must no longer be plundered ; the public property must be 72 HISTOBY OF WISCONSIN. protected from aggressive violence ; that already seized must be retaken, and the laws must be executed in every State of the Union alike." " A demand," he added, " made upon Wiscon^ sin by the president of the United States, for aid to sustain the federal arm, must meet with a prompt response." The patriotism of the State was abundantly exhibited in their filling up a regiment before some of the remote settlements had any knowledge of the call. On the twenty- second. Governor Randall reported to the secretary of war that the First regiment was ready to go into rendezvous. The place designated was " Camp Scott," at Milwaukee ; the day, the twenty-seventh of April. Then and there the several companies assembled— the regiment after- ward completing its organization. With a wise foresight, Governor Randall ordered, as a reserve force and in advance of another call for troops by the president, the formation of two more regiments — the Second and Third, and, eventually, the Fourth. Camps at Madison, Fond du Lac, and Racine, were formed for their reception, where suitable buildings were erected for their accommodation. Companies assigned to the Second regiment were ordered to commence moving into "Camp Randall," at Madison, on the first day of May. On the seventh, the secretary of war, under call of the presi- dent of the United States for forty-two thousand additional volunteers — this time for three years, or during the war — telegraphed Governor Randall that no more three months' volunteers were wanted; that such companies as were recruited must re-enlist for the new term or be disbanded. At the extra session of the legislature of Wisconsin, which, as already mentioned, com- menced on the fifteenth of May, called by Governor Randall immediately upon his being notified of the second call of the president for troops, on the third of May, the law hurriedly passed at the close of the regular session, and under which the governor had organized the First regi- ment, was found inadequate to meet the second call for troops. " A bill was introduced, and became a law, authorizing the governor to raise six regiments of infantry, inclusive of those he had organ- ized or placed at quarters. When the six regiments were mustered into the United States service, he was authorized to raise two additional regiments, and thus to keep two regiments continually in reserve to meet any future call of the General Government. He was authorized to quarter and subsist volunteers at rendezvous— to transport, clothe, subsist and quarter them in camp at the expense of the State. Arms and munitions were to be furnished by the United States. Recruits were to be mustered into State service, and into United States service, for three years. Two assistant surgeons to each regiment were to be appointed, and paid by the State. The regi- ments, as they came into camp, were to be instructed in drill and various camp duties, to secure efficiency in the field. The troops, so called in, were to be paid monthly by the State, the same pay and emoluments as the soldiers in the United States army, from the date of enlistment. The paymaster general was authorized to draw funds from the State treasury for the payment of the State troops, and the expense incurred in subsisting,, transporting and clothing them. The governor was authorized to purchase military stor^, subsistence, clothing, medicine, field and camp equipage, and the sum of one million dollars was appropriated to enable the governor to carry out the law." Other laws were passed relating to military matters. One authorized the governor to pur- chase two thousand stand of arms; and fifty thousand dollars were appropriated to pay tor the same. Another authorized counties, towns, cities and incorporated villages to levy taxes for the purpose of providing for the support of families of volunteers residing in their respective limits. The one passed at the previous session, exempting volunteers from civil process rhile in the service, was amended so as to include all who might thereafter enlist. One granted five dollars per month as extra pay to enlisted volunteers having families dependent upon them for support, payable to their families. Another authorized the governor to employ such aids, clerks and "WISCONSIN AS A STATE. 73 messengers, as he deemed necessary for the public interests. Still another authorized the pay- ment of those who had enlisted for three months, but had declined to go in for three years. The expenses of the extra session were ordered to be paid out of the " war fund." One million dollars in bonds were authorized to be issued for war purposes to form that fund. The governor, secretary of state and state treasurer were empowered to negotiate them. By a joint resolu- tion approved the twenty-first of May, the consent of the legislature was given to the governor to be abstent from the State during the war, for as long a time as in his discretion he might think proper or advisable, in connection with the military forces of the State. For liberality, zeal and genuine patriotism, the members of the Wisconsin legislature, for the year 1861, deserve a high commendation. All that was necessary upon their final adjournment at the close of the extra session to place the State upon a " war footing," was the organization by the governor of the various military departments. These he effected by appointing Brigadier General William L. Utley, adjutant general ; Brigadier General W. W. Tredway, quartermaster general ; Colonel Edwin R. Wadsworth, commissary general ; Brigadier General Simeon Mills, paymaster gen- eral; Brigadier General E. B. Wolcott, surgeon general; Major E. L. Buttrick, judge advocate; and Qolonel William H. Watson, military secretary. On the seventeenth of May, the First regiment, at "Camp Scott," was mustered into the United States service, and the war department informed that it awaited marching orders. The regimental officers were not all in accordance with the law and mode adopted afterwards. On the seventh of the month Governor Randall had appointed Rufus King a brigadier general, and assigned the First, Second, Third and Fourth regiments to his command as the Wisconsin brigade ; although at that date only the First and Second had been called into camp. This brigade organization was not recognized by the General Government. The secretary of war telegraphed the governor of Wisconsin that the quota of the State, under the second call of the president, was two regiments — so that the whole number under both calls was only three — one (the First) for three months, two (the Second and Third) for three years. Notwithstanding this, Governor Randall proceeded to organize the Fourth. As a number of the companies ordered into " Camp Randall " on the first day of May to form the Second regiment had only enlisted for three months, the order of the secretary of war of the seventh of that month making it imperative that all such companies must re-enlist for three years or during the war, or be disbanded, the question of extending their term of enlist- ment was submitted to the companies of the regiment, when about five hundred consented to the change. The quota of the regiment was afterward made i:p, and the whole mustered into the service of the United States for three years or during the war, under the president's second call for troops. This was on the eleventh of June, 1861. The Third regiment having had its companies assigned early in May, they were ordered in June into "Camp Hamilton" at Fond du Lac, where the regiment was organized, and, on the twenty-ninth of June, mustered into the United States' service as a three years regiment. This filled Wisconsin's quota under the second call of President Lincoln. By this time war matters in the State began to assume a systematic course of procedure — thanks to the patriotism of the people, the wisdom of the legislature, and the untiring energy and exertions of the governor and his subordinates. The determination of the secretary of war to accept from Wisconsin only two three-years regiments under the second call for troops was soon changed, and three more were authorized, making it necessary to organize the Fourth, Fifth and Sixth. The Fourth was called into " Camp Utley " at Racine on the sixth of June, and was mustered into the service of the United States on the ninth of the follov/ing month. By the twenty-eighth of June, all the companies of the Fifth had assembled at " Camp Randall," and on the thirteenth of July were mustered in as 7-t HISTORY OP "WISCONSIN". United States troops. By the first of July, at the same place, the complement for the Sixth regiment had been made up, and the companies were mustered for three years into the service of the General Government, on the sixteenth of the same month. Governor Randall did not stop the good work when six regiments had been accepted, but assigned the necessary companies to form two more regiments — the Seventh and Eighth ; however, he wisely concluded not to call them into camp until after harvest, unless specially required to do so. " If they are needed sooner," said the governor, in a letter to the president on the first of July, " a call will be imme- diately responded to, and we shall have their uniforms and equipments ready for them." "By the authority of our legislature," added the writer, ' I shall, after the middle of August, keep two regiments equipped and in camp ready for a call to service, and will have them ready at an earlier day if needed." About the latter part of June, W. P. Alexander, of Beloit, a good marksman, was commis- sioned captain to raise a company of sharpshooters for Berdan's regiment. He at once engaged in the work. The company was filled to one hundred and three privates and three officers. It left the State about the middle of September under Captain Alexander, and was mustered into the service at Wehawken on the twenty-third day of that month, as Company "G " of Berdan's regiment of sharpshooters. On the twenty-sixth of July, a commission was issued to G. Van Deutsch of Milwaukee, to raise a company of cavalry. He succeeded in filling his company to eighty-four men. He left the State in September, joining Fremont. The company was after- ward attached to the fifth cavalry regiment of Missouri. About the 20th of August, Governor Randall was authorized to organize and equip as rapidly as possible five regiments of infantry and five batteries of artillery, and procure for them necessary clothing and equipments according to United States regulations and prices, subject to the inspec- tion of officers of the General Government. The five regiments were to be additional to* the eight already raised. One regiment was to be German. During the last week of August the companies of the Seventh regiment were ordered into " Camp Randall," at Madison. They were mustered into the service soon after arrival. On the 28th of August orders were issued for the reorganization of the First regiment for three years, its term of three months having expired. The secretary of war having signified his acceptance of the regiment for the new terni, its mus- tering into the service was completed on the nineteenth of October. This made six infantry regi- ments in addition to the eight already accepted, or fourteen in all. On the same day orders were issued assigning companies to the Eighth regiment, — the whole moving to " Camp Randall," at Madison, the first week in September, where their mustering in was finished on the thirteenth. The Ninth, a German reginent, was recruited in squads, and sent into camp, where they were formed into companies, and the whole mustered in on the 26th of October, i86i,at " Camp Sigel," Milwaukee. Companies were assigned the Tenth regiment on the 18th of September and ordered into camp at Milwaukee, where it was fully organized about the first of October, being mustered into the service on the fourteenth of that month. The Tenth infantry was enlisted in September, 1861, and mustered in on the fourteenth of October, 1 861, at "Camp Holton," Mil- waukee. The Eleventh regiment was called by companies into " Camp Randall " the latter part of September and first of October, 1861, and mustered in on the eighteenth. The Twelfth wa"s called in to the same camp and mustered in by companies between the twenty-eighth of October and the fifth of November, 1861. The Thirteenth rendezvoused at "Camp Treadway," Janes- ville, being mustered into the United States service on the seventeenth of October, 1861. These thirteen regiments were all that had been accepted and mustered into the United States service while Randall was governor. From the commencement of the rebellion a great desire had been manifested for the orp an- "wiscoNsrisr as a state. 75 ization of artillery companies in Wisconsin, and this desire was finally gratified. Each battery was to number one hundred and fifty men, and, as has been shown, five had been authorized by the General Government to be raised in Wisconsin. The First battery was recruited at La Crosse, under the superintendence of Captain Jacob T. Foster, and was known as the " La Crosse Artillery." It rendezvoused at Racine^early in October, 1861, where on the tenth of that month, it was mustered into the United States service. The Second battery, Captain Ernest Herzberg, assembled at " Camp Utley," Racine, and was mustered in with the First battery on the tenth. The Third, known as the " Badger Battery," was organized by Captain L. H. Drury, at Madison and Berlin, and was mustered into the service on the same day and at the same place as the First and Second. The Fourth battery, recruited and organized at Beloit, under the supervision of Captain John F. Vallee, was mustered in on the first of October, 1861, at Racine. The Fifth battery was recruited at Monroe, Green county, under the superintendence of Captain Oscar F- Pinney, moving afterward to " Camp Utley," Racine, where, on the first of October, it was mus- tered in, along with the Fourth. So brisk had been the recruiting, it was ascertained by the governor that seven companies had been raised instead of five, when the secretary of war was telegraphed to, and the extra companies — the Sixth and Seventh accepted ; the Sixth, known as the " Buena Vista Artillery," being recruited at Lone Rock, Richland county, in September, Captain Henry Dillon, and mustered in on the second of October, 1861, at Racine; the Seventh, known as the "Badger State Flying Artillery," having organized at Milwaukee, Captain Richard R. Griffiths, and mustered in on the fourth of the same month, going into camp at Racine on the eighth. This completed the mustering in of the first seven batteries, during Governor Randall's administration ; the whole mustered force being thirteen regiments of infantry ; one company of cavalry ; one of sharpshooters ;-and these seven artillery companies. "Wisconsin," said the gov- ernor, in response to a request as to the number of regiments organized, " sent one regiment for three months, — officers and men eight hundred and ten. The other regiments ' >r the war up to the Thirteenth (including the First, re-organized), will average one thousand men each ; one company of sharpshooters for Berdan's regiment, one hundred and three men ; and seven companies of light artillery." Of cavalry from Wisconsin, only Deutsch's company had been mustered into the United States, although three regiments had been authorized by the General Government before the close of Randall's administration. The governor, before the expiration of his office, was empowered to organize more artillery companies — ten in all ; and five additional regiments of infantry — making the whole number eighteen. On the tenth of December, he wrote : " Our Fourteenth infantry is full and in camp^ * * * Fifteenth has five companies in camp, and filling up. Sixteenth has eight companies in camp, and will be full by the 2Sth of December. Seventeenth has some four hundred men enlisted. Eighteenth will be in camp, full, by January i. Seven maximum companies of artillery in camp. * * * Three regiments of cavalry — two full above the maximum ; the third, about eight hundred men in camp." It will be seen, therefore, that a considerable number of men in the three branches of the service was then in camp that had not been mustered into the service ; and this number was considerably increased by the 6th of January, 1862, the day that Randall's official term expired; but no more men were mustered in, until his successor came into office, than those previously mentioned. The First regiment — three months' — left " Camp Scott," Milwaukee, on the ninth of June, 1861, for Harrisburg, Pennsylvania — eight hundred and ten in number; John C. Starkweather, colonel. The regiment returned to Milwaukee on the seventeenth of August, 1861, and was mustered out on the twenty-second. ■The First regiment re-organized at "Camp Scott," Milwaukee. Its mustering into the service, as previously mentioned, was completed on the nineteenth of October. On the twenty- T6 HISTORY OF WISCONSIN. eighth, it started for Louisville, Kentucky — nine hundred and forty-five strpng — under command of its former colonel, John C. Starkweather. The Second regiment, with S. Park Coon as colonel, left " Camp Randall, Madison, for Washington city, on the eleventh of June, 1861 — numbering, in all, one thousand and fifty-one. The Third regiment started from " Camp Hamilton," Fond du Lac, for Harrisburg, Pennsylvania, under command of Charles S. Hamilton, as colonel, on the twelfth of July, 1861, with a numerical strength of nine hundred and seventy- nine. The Fourth regiment — Colonel Halbert E. Payne — with a numerical strength of one thousand and fifty-three, departed on the fifteenth of July, 1861, from "Canip Utley," Racine, for Baltimore, Maryland. The Fifth regiment left " Camp Randall," Madison, one thousand and fifty-eight strong, commanded by Colonel Amasa Cobb, on the twenty-fourth of July, 1861, for Washington city. On the twenty-eighth of July, r86i, the Sixth regiment, numbering one thousand and eighty-four, moved from Madison, having been ordered to Washington city. It was commanded by Colonel Lysander Cutter. The Seventh regiment — Joseph Van Dor, Colonel — with a numerical strength of one thousand and sixteen men — officers and privates, received orders, as did the Fifth and Sixth, to move forward to Washington. They started from Madison on the morning of the twenty-first of September, 1861, for active service. The Eighth infantry, nine hundred- and seventy-three strong, commanded by Colonel Robert C. Murphy, left Madison, en route for St. Louis, Missouri, on the morning of the twelfth of October, 1861. The Ninth, or German regiment, with Frederick Salomon in command as colonel, did not leave "Camp Sigel," for active service, while Randall was governor. The Tenth infantry moved from " Camp Holton," Milwaukee, commanded by Colonel Alfred R. Chapin, on the ninth of November, 1861, destined for Louisville, Kentucky, with a total number of nine hundred and sixteen officers and privates. On the twentieth of November, 1861, the Eleventh regiment "broke camp" at Madison, starting for St. Louis, under command of Charles L. Harris, .as colonel. Its whole number of men was nine hundred and sixteen. The Twelfth regiment, at " Camp Randall," Madison — Colonel George E. Bryant, and the Thirteenth, at " Camp Tredway," Janesville — Colonel Maurice Maloney — were still in camp at the expiration of the administration of Governor Randall : these, with the Ninth, were all that had not moved out of the State for active service, of those mustered in previous to January 6, 1 861,— making a grand total of infantry sent from Wisconsin, up to that date, by the governor, to answer calls of the General Government, for three years' service or during the war, of nine thousand nine hundred and ninety-one men, in ten regiments, averaging very nearly one thousand to each regiment. Besides these ten regiments of infantry for three years' service, Wisconsin had also sent into the field the First regiment for three months' service, numbering eight hundred and ten men ; Alexander's company of sharp- shooters, one hundred and six; and Deutsch's company of cavalry, _eighty-four : in all one thousand. Adding these to the three years' regiments, and the whole force, in round numbers was eleven thousand men, furnished by the State in 186 1. Eighth Administration. — Louis P. Harvey and Edward Salomon, Governors i862-i86'? Louis P. Harvey was inaugurated governor of Wisconsin on the sixth of January 1862 The fifteenth regular session of the legislature of the State began on the eighth of the same month. In the senate, the republicans were in the. majority; but in the assembly they had only a plurality of members, there being a number of " Union " men in that branch enough indeed, to elect, by outside aid, J. W. Beardsley, who ran for the assembly, upon the " Union '' ticket, as speaker. Governor Harvey, on the tenth, read his message to the legislature in joint convention. " No previous legislature," are his opening words, " has convened under equal incentives to a disinterested zeal in the public service The occasion," he adds, "pleads" WISCONSIN AS A STATE. 77 with you in rebuke of all the meaner passions, admonishing to the exercise of a conscientious patriotism, becoming the representatives of a Christian people, called in God's providence to pass through the furnace of a great trial of their virtue, and of the strength of the Government." On the seventh of April following, the legislature adjourned until the third of June next ensuing. Before it again assembled, an event occurred, casting a gloom over the whole State. The occasion was the accidental drowning of Governor Harvey. Soon after the battle of Pittsburgh Landing, on the seventh of April, 1862, the certainty that some of the Wisconsin regiments had suffered severely, induced the governor to organize a reli ;f party, to aid the wounded and suffering soldiers from the State. On the tenth, Harvey and others started on their tour of benevolence. Arriving at Chicago, they found a large num- ber of boxes had been forwarded there from different points in the State, containing supplies of various kinds. At Mound City, Paducah, and Savannah, the governor and his party adminis- tered to the wants of the sick and wounded Wisconsin soldiers. Having completed their mission of mercy, they repaired to a boat in the harbor of Savannah, to await the arrival of the Minne- haha^ which was to convey them to Cairo, on their homeward trip. It was late in the evening of the nineteenth of April, 1862, and very dark when the boat arrived which was to take the governor and his friends on board ; and as she rounded to, the bow touching the Dunleit/i, on which was congregated the party ready to depart. Governor Harvey, by a misstep, fell overboard between the two boats, into the Tennessee river. The current was strong, and the water more than thirty feet deep. Every thing was done that could be, to save his life, but all to no purpose. His body was subsequently found and brought to Madison for interment. Edward Salomon, lieutenant governor, by virtue of a provision of the constitution of the State, upon the death of Harvey, succeeded to the office of governor of Wisconsin. On the third day of June, the legislature re-assembled in accordance with adjournment on the seventh of April previous, Governor Salomon, in his message of that day, to the senate and assembly, after announcing the sad event of the 'death of the late governor, said: " The last among the governors elected by the people of this State, he is the first who has been removed by death from our midst. The circumstances leading to and surrounding the tragic and melancholy end of the honored and lamented deceased, are well known to the people, and are, with his memory, treasured up in their hearts." He died," added Salomon, " while in the exercise of the highest duties of philan- thropy and humanity, that a noble impulse had imposed upon him." The legislature, on the thirteenth of June, by a joint resolution, declared that in the death of Governor Harvey, the State had " lost an honest, faithful, and efficient public officer, a high-toned gentleman, a warm- hearted philanthropist, and a sincere friend." Both houses adjourned sine die, on the seventeuth of June, 1862. Business of great public importance, in the judgment of the governor, rendering a special session of the legislature necessary, he issued, on the twehty-ninth of August, 1862, his proc- lamation to that effect, convening both houses on the tenth of September following. On that day he sent in his message, relating wholly to war matters. He referred to the fact that since the adjournment of the previous session, six hundred thousand more men had been called for by the president of the United States, to suppress the rebellion. " It is evident," said 'he, " that to meet further calls, it is necessary to rely upon a system of drafting or conscription, in Wisconsin." The governor then proceeded to recommend such measures as he deemed necessary to meet the exigencies of the times. The legislature levied a tax to aid volunteering, and passed a law giving the right of suffrage to soldiers in the military service. They also authorized the raising of money for payment of bounties to volunteers. The legislature adjourned on the twenty- sixth of September, 1862, after a session of sixteen days, and the enacting of seventeen laws. "78 HISTOEY or WISCOJfSIN. On the 7th of October, James H. Howe, attorney general, resigned his office to enter the army. On the 14th of that month, Winfield Smith was appointed by the governor to fill the vacancy. At the general election in the Fall of this year, six congressmen were elected to the thirty- eighth congress: James S. Brown from the first district; I. C. Sloan, from the second; Amasa Cobb, from the third ; Charles A. Eldredge, from the fourth ; Ezra Wheeler, from the fifth; and W. D. Mclndoe, from the sixth district. Sloan, Cobb, and Mclndoe, were elected as republi- cans ; Brown, Eldridge, and Wheeler, as democrats. The sixteenth regular session of the Wisconsin legislature, commenced on the fourteenth of January, 1863. J. Allen Barber was elected speaker of the assembly. The majority in both houses was republican. Governor Salomon read his message on the fifteenth, to the joint convention, referring, at length, to matters connected with the war of the rebellion. A large number of bills were passed by the legislature for the benefit of soldiers and their families. On the twenty-second, the legislature re-elected James R. Doolittle, to the United States seriate for six years, from the fourth of March next ensuing. The legislature adjourned sine die on the second of April following. In the Spring of this year, Luther S. Dixon was re-elected chief justice of the supreme court, running as an independent candidate. By a provision of the Revised Statutes of 1858, as amended by an act passed in 1862, and interpreted by another act passed in 1S75, the terms of the justices of the supreme court, elected for a full term, commence on the first Monday in January next succeeding their election. At the Fall election there were two tickets in the field : democratic and union republican. The latter was successful, electing James T. Lewis, governor ; Wyman Spooner, lieutenant governor; Lucius Fairchild, secretary of state; S. D. Hastings, state treasurer; Winfield Smith, attorney general ; J. L. Pickard, state superintendent ; W. H. Ramsay, bank comp- troller ; and Henry Cordier, state prison commissioner. War of Secession — Harvey and Salomon's Administration. When Governor Randall turned over to his successor in the gubernatorial chair, the military matters of Wisconsin, he had remaining in the State, either already organized or in process of formation, the Ninth infantry, also the Twelfth up to the Nineteenth inclusive ; three regiments of cavalry ; and ten batteries — First to Tenth inclusive. Colonel Edward Daniels, in the Summer of 1861, was authorized by the war department to recruit and organize one battalion of cavalry in Wisconsin. He was subsequently authorized to raise two more companies. Governor Ran- dall, in October, was authorized to complete the regiment — the First cavalry — by the organiza- tion of six additional companies. The organization of the Second cavalry regiment was author- ized in the Fall of 1861, as an _ "independent acceptance," but was finally turned over to the State authorities. Early in November, 1861, the war department issued an order discontinuing enlistments for the cavalry service, and circulars were sent to the different State executives to consolidate all incomplete regiments. Ex-Governor Barstow, by authority of General Fremont, which authority was confirmed by the General Government, had commenced the organization of a cavalry regiment — the Third Wisconsin — when Governor Randall received information that the authority of Barstow had been revoked. The latter, however, soon had his authority restored. In October, Governor Randall was authorized by the war department to .raise three additional companies of artillery — Eighth to Tenth inclusive. These three batteries were all filled and went into camp by the close of 1861. Governor Randall, therefore, besides sending out of the State eleven thousand men, had in process of formation, .or fully organized, nine regiments of infantry, three regiments of cavalry, and ten companies of artillery, left behind in WISCOlSrSIN AS A STATE. 79 -various camps in the State, to be turned over to his successor. The military officers of Wisconsin were the governor, Louis P. Harvey, commander-in- chief; Brigadier General Augustus Gaylord, adjutant general; Brigadier General W. W. Tred- way, quartermaster general ; Colonel Edwin R. Wadsworth, commissary general ; Brigadier Gen- eral Simeon Mills, paymaster general; Brigadier General E. B. Wolcott, surgeon general; Major M. H. Carpenter, judge advocate; and Colonel William H. Watson, military secretary. As the General Government had taken the recruiting service out of the hands of the executives of the States, and appointed superintendents in their place, the offices of commissary general and paymaster general were no longer necessary; and their time, after the commencement of the administration in Wisconsin of 1862, was employed, so long as they continued their respective offices, in settling up the business of each. The office of commissary general was closed about the first of June, 1862 ; that of paymaster general on the tenth of July following. On the last of August, 1862, Brigadier General Tredway resigned the position of quartermaster general, and Nathaniel F. Lund was appointed to fill his place. Upon the convening of the legislature of the State in its regular January session of this jear — 1862, Governor Harvey gave, in his message to that body, a full statement of what had been done by Wisconsin in matters appertaining to the war, under the administration of his predecessor. He stated that the State furnished to the service of the General Government under the call for volunteers for three months, one regiment — First Wisconsin ; under the call for volunteers for three years, or the war, ten regiments, numbering from the First re-organized to the Eleventh, excluding the Ninth or German regiment. He gave as the whole number of officers, musicians and privates, in these ten three-year, regiments, ten thousand one hundred and seventeen. He further stated that there were then organized and awaiting orders, the Ninth, in " Camp Sigel," Milwaukee, numbering nine hundred and forty men, under Colonel Frederick Salomon ; the Twelfth, in " Camp Randall," one thousand and thirty-nine men, under Colonel George E. Bryant ; the Thirteenth, in " Camp Tredway," Janesville, having nine hundred and nineteen men, commanded by Colonel M. Maloney ; and the Fourteenth, at " Camp Wood," Fond du Lac, eight hundred and fifty men, under Colonel D. E. Wood. The Fifteenth or Scandinavian regiment. Colonel H. C. Heg, seven hundred men, and the ■Sixteenth, Colonel Benjamin Allen, nine hundred men, were at that time at "Camp Randall," in near readiness for marching orders. The Seventeenth (Irish) regiment. Colonel J. L. Doran, and the Eighteenth, Colonel James S. Alban, had their full number of companies in readiness, lacking one, and had been notified to go into camp — the former at Madison, the latter at Milwaukee. Seven companies of artillery, numbering together one thousand and fifty men, had remained for a considerable time in " Camp Utley," Racine, impatient of the delays of the General Govern- ment in calling them to move forward. Three additional companies of artillery were about going into camp, numbering three hundred and thirty-four men. Besides these, the State had furnished, as already mentioned, an independent company of cavalry, then in Missouri, raised by Captain Von Deutsch, of eighty-one men ; a company of one hundred and four men for Ber- dan's sharpshooters; and an additional company for the Second regiment, of about eighty men. Three regiments of cavalry — the First, Colonel E. Daniels ; the Second, Colonel C. C. Washburn ; and the Third, Colonel W. A. Barstow ; were being organized. They numbered together, two thou- sand four hundred and fifty men. The Nineteenth (independent) regiment was rapidly organ- izing under the direction of the General Government, by Colonel H. T. Sanders, Racine. Not bringing this last regiment into view, the State had, at the commencement of Governor Harvey's administration, including the First, three-months' regiment, either in the service of the United States or organizing for it, a total of twenty-one thousand seven hundred and eighty-three men. 80 HISTORY OF WISCONSIN". The legislature at its regular session of 1862, passed a law making it necessary to present all claims which were made payable out of the war fund, within twelve months from the time they accrued ; a law was also passed authorizing the investment of the principal of the school fund in the bonds of the state issued for war purposes ; another, amendatory of the act of the extra session of 1861, granting exemption to persons enrolled in the military service, so as to except persons acting as fiduciary agents, either as executors or administrators, or guardians or trustees, or persons defrauding the State, or any school district of moneys belonging to the same ; also author- izing a stay of proceedings in foreclosures of mortgages, by advertisements. " The State Aid Law" was amended so as to apply to all regiments of infantry, cavalry, artillery and sharpshooters, defining the rights of families, fixing penalties for the issue of false papers, and imposing duties on military officers in the field t6 make certain reports. These amendments only included regi- ments and companies organized up to and including the Twentieth, which was in prqcess of organization before the close of the session. A law was also passed suspending the sale of lands mortgaged to the State, or held by volunteers; another defining the duties of the allotment com- missioners appointed by the president of the United States, and fixing their compensation. One authorized the issuing of bonds for two hundred thousand dollars for war purposes ; one author- ized a temporary loan from the general fund to pay State aid to volunteers ; and one, the appoint- ment of a joint committee to investigate the sale of war bonds ; while another authorized the governor to appoint surgeons to batteries, and assistant surgeons to cavalry regiments. The legislature, it will be remembered, took a recess from the seventh of April to the third of June, 1862. Upon its re-assembling, -..- ict was passed providing for the discontinuance of the active services of the paymaster general, quartermaster general and commissary general. Another act appropriated twenty thousand dollars to enable the governor to care for the sick and wounded soldiers of the State. There was also another act passed authorizing the auditing, by the quartermaster general, of bills for subsistence and transportation of the Wisconsin cavalry regiments. At the extra session called by Governor Salomon, for the tenth of September, 1862, an amendment was made to the law granting aid to families of volunteers, by including all regi- ments of cavalry, infantry, or batteries of artillery before that time raised in the State, or that might afterward be raised and mustered into the United States service. It also authorized the levying of a State tax of two hundred and seventy-five thousand dollars to be placed to the credit of the war fund and used' in the payment of warrants for " State Aid" to families of volunteers. Another law authorized commissioned officers out of the State to administer oaths and take acknowledgments of deeds and other papers. One act authorized soldiers in the field, although out of the State, to exercise the right of suffirage ; and another gave towns, cities, incorporated villages and counties the authority to raise money to pay bounties to volunteers. On the fifth of August, 1862, Governor Salomon received from the war department a dispatch stating that orders had been issued for a draft of three hundred thousand men to be immediately called into the service of the United States, to serve for nine months unless sooner discharged ; that if the State quota under a call made July 2, of that year, for three hundred thousand vol- unteers, was not filled by the fifteenth of August, the deficiency would be made up by draft ; and that the secretary of war would assign the quotas to the States and establish regulations for the draft. On the eighth of that month, the governor of the State was ordered to immediately cause an enrollment of all able-bodied citizens between eighteen and forty-five years of age, by counties. Governor Salomon was authorized to appoint proper officers, and the United States promised to pay all reasonable expenses. The quota for Wisconsin, under the call for nine months' men, was eleven thousand nine hundred and four. The draft was made by the governor in obedience to the order he had received from Washington ; but such had been the volunteering under the stim- WISCON'SI>r AS A STATE. 81 ulus caused by a fear of it, that only four thousand five hundred and thirty-seven men were drafted. This was the first and only draft made in Wisconsin by the State authorities. Subsequent ones were made under the direction of the provost marshal general at Wash- ington. The enlisting, organization and mustering into the United States service during Randall's administration of thirteen regiments of infantry — the First to the Thirteenth inclusive, and the marching of ten of them out of the State before the close of 1861, also, of one company of cavalry under Captain Von Deutsch and one company of sharpshooters under Captain Alexander, con, stituted the effective aid abroad of Wisconsin during that year to suppress the rebellion. But for the year 1862, this aid, as to number of organizations, was more than doubled, as will now bQ shown. The Ninth regiment left " Camp Sigel," Milwaukee, under command of Colonel Freder.ck Salomon, on the twenty-second of January, 1862, numbering thirty-nine officers and eight hun dred and eighty-four men, to report at Fort Leavenworth, Kansas. The Twelfth infantry left Wisconsin under command of Colonel George E. Bryant, ten hundred and forty-five strong, the eleventh of January, 1862, with orders to report at Weston, Missouri. The Thirteenth regiment — Colonel Maurice Maloney — left " Camp Tredway," Janesville, orv the eighteenth of January, 1862, nine hundred and seventy strong, under orders to report at Leavenworth, Kansas, where it arrived on the twenty-third. The Fourteenth regiment of infantry departed from " Camp Wood," Fond du Lac, under command of Colonel David E. Wood, for St. Loui-, Missouri, on the eighth of March, 1862, it having been mustered into the United States service on the thirtieth of January previous. Its total strength was nine hundred and seventy officers and men. It arrived at its destination on the tenth of March, and went into quarters at " Benton Barracks." The Fifteenth regiment, mostly recruited from the Scandinavian population of Wisconsin, was organized at " Camp Randall," Madison — Hans C. Heg as colonel. Its muster into the United States service was completed on the fourteenth of February, 1862, it leaving the State for St. Louis, Missouri, on the second of March following, with a total strength of eight hundred and one officers and men. The Sixteenth regiment was organized at "Camp Randall," and was mustered into the service on the last day of January, 1862, leaving the State, with Benjamin Allen as colonel, for St. Louis on the thirteenth of March ensuing, having a total strength of one thousand and sixty-six. The regimental organization of the Seventeenth infantry (Irish), Colonel John L. Doran was effected at " Camp Randall," and the mustering in of the men completed on the fifteenth of March, 1862, the regiment leaving the State on the twenty-third for St. Louis. The Eighteenth regiment organized at " Camp Trowbridge," Milwaukee — James S. Alban colonel — completed its muster into the United States service on the fifteenth of March 1862 and left the State for St. Louis on the thirtieth, reaching their point of destination on the thirty- first. The Nineteenth infantry rendezvoused at Racine as an independent regiment, its colonel Horace T. Sanders, being commissioned by the war department. The men were mustered into the service as fast as they were enlisted. Independent organizations being abolished, by an order from Washington, the Nineteenth was placed on the same footing as other regiments in the State. On the twentieth of April, 1862, the regiment was ordered to " Camp Randall " to guard rebel prisoners. Here the mustering in was completed, numbering in all nine hundred and seventy-three. They left the State for Washington on the second of June. 82 HISTOEY OV WISCONSIN. The muster into the United States service of the Twentieth regiment — Bertine Pinckney, colonel — was completed on the twenty-third of August, 1862, at "Camp Randall," the original strength being nine hundred and ninety. On the thirtieth of August the regiment left the State for St. Louis. The Twenty-first infantry was organized at Oshkosh, being mustered in on the fifth of Sep- tember, 1862, with a force of one thousand and two, all told — Benjamin J. Sweet, colonel — leaving the State for Cincinnati on the eleventh. The Twenty-second regiment — Colonel William L. Utley — was organized at "Camp Utley," Racine, and mustered in on the second of September, 1862. Its original strength was one thou- sand and nine. It left the State for Cincinnati on the sixteenth. On the thirtieth of August, 1862, the Twenty-third regiment — Colonel Joshua J. Guppey — was mustered in at "Camp Randall," leaving Madison for Cincinnati on the fifteenth. The Twenty-fourth infantry rendezvoused at " Camp Sigel," Milwaukee. Its muster in was ■completed on the twenty-first of August, 1862, the regiment leaving the State under Colonel Charles H. Larrabee, for Kentucky, on the fifth of September, one thousand strong. On the fourteenth of September, 1862, at " Camp Salomon," LaCrosse, the Twenty-fifth , regiment was mustered into the service — Milton Montgomery, colonel. They left the State on the nineteenth with orders to report to Gerferal Pope, at St. Paul, Minnesota, to aid in suppress- ing the Indian difficulties in that State. Their entire strength was one thousand and eighteen. The regiment, after contributing to the preservation of tranquillity among the settlers, and deterring the Indians from hostilities, returned to Wisconsin, arriving at " Camp Randall " on the eighteenth, of December, 1862. The Twenty-sixth — almost wholly a German regiment — was mustered into the service at "Camp Sigel," Milwaukee, on the seventeenth of September, 1862. The regiment, under com- mand of Colonel William H. Jacobs, left the State for Washington city on the sixth of October, one thousand strong. The Twenty-seventh infantry was ordered to rendezvous at "Camp Sigel," Milwaukee, on the seventeenth of September, 1862 ; but the discontinuance of recruiting for new regiments in August left the Twenty-seventh with only seven companies full. An order authorizing the recruiting of three more companies was received, and under the supervision of Colonel Conrad Krez the organization was completed, but the regiment at the close of the year had not been mustered into the service. On the twenty-fourth of October, 1862, the Twenty-eighth regiment — James M. Lewis, of Oconomowoc, colonel — was mustered into the United States service at "Camp Washburn," Mil- waukee. Its strength was nine hundred and sixty-one. In November, the regiment was employed in arresting and guarding the draft rioters in Ozaukee county. It left the State for Columbus, Kentucky, on the twentieth of December, where they arrived on the twenty-second ; remaining there until the fifth of January, 1863. The Twenty-ninth infantry— Colonel Charles R. Gill— was organized at " Camp Randall," where its muster into the United States service was completed on the twenty-seventh of Sep- tember, 1862, the regiment leaving the State for Cairo, Illinois, on the second of November. The Thirtieth regiment, organized at "Camp Randall" under the supervision of Colonel Daniel J. Dill, completed its muster into the United States service on the twenty-first of October, 1862, with a strength of nine hundred and six. On the sixteenth of November, one company of the Thirtieth was sent to Green Bay to protect the draft commissioner, remaining several weeks. On the eighteenth, seven companies moved to Milwaukee to assist in enforcing the draft in Mil- waukee county, while two companies remained in " Camp Randall " to guard Ozaukee rioters. WISCONSIN AS A STATE. 83 On the twenty-second, six companies from Milwaukee went to West Bend, Washington county, one company returning to "Camp Randall." After the completion of the draft in Washington county, four companies returned to camp, while two companies were engaged in gathering up the drafted men. The final and complete organization of the Thirty-first infantry — Colonel Isaac E. Mess- more — was not concluded during the year 1862. The Thirty-second regiment, organized at "Camp Bragg," Oshkosh, with James H. Howe as colonel, was mustered into the service on the twenty-fifth of September, 1862 ; and, on the thirtieth of October, leaving the State, it proceeded by way of Chicago and Cairo to Memphis, Tennessee, going into camp on the third of November. The original strength of the Thirty- second was nine hundred and ninety-three. The Thirty-third infantry — Colonel Jonathan B. Moore — mustered in on the eighteenth of October, 1862, at " Camp Utiey," Racine,. left tlie State, eight hundred and ninety-two strong, moving by way of Chicago to Cairo. The Thirty-fourth regiment, drafted men, original strength nine hundred and sixty-one — Colonel Fritz Anneke — had its muster into service for nine months completed at " Camp Wash- burn," Milwaukee, on the last day of the year 1862. Of the twenty-four infantry regiments, numbered from the Twelfth to the Thirty-fourth inclusive, and including also the Ninth, three — the Ninth, Twelfth, and Thirteenth — were mus- tered into the United States service in 1861. The whole of the residue were mustered in during the year 1862, except the Twenty-seventh and the Thirty-first. All were sent out of the State during 1862, except the last two mentioned and the Twenty-fifth, Thirtieth, and Thirty-fourth. The First regiment of cavalry — Colonel Edward Daniels — perfected its organization at '" Camp Harvey," Kenosha. Its muster into the United States service was completed on the eighth of March, 1862, the regiment leaving the State for St. Louis on the seventeenth, with a strength of eleven hundred and twenty-four. The muster of the Second Wisconsin cavalry was completed on the twelfth of March, 1862, at "Camp Washburn," Milwaukee, the regiment leaving the State for St. Louis on the twenty- fourth, eleven hundred and twenty-seven strong. It was under the command of Cadwallader C. Washburn as colonel. The Third Wisconsin cavalry — Colonel William A. Barstow — was mustered in at " Camp Barstow," Janesvrlle. The muster was completed on the 3rst of January, 1862, the regiment leaving the State on the 26th of March for St. Louis, with a strength of eleven hundred and eighty-six. The original project of forming a regiment of light artillery in Wisconsin was overruled by the war department, and the several batteries were sent from the State as independent organizations. The First battery — Captain Jacob T. Foster — ^perfected its organization at "Camp Utley," where the company was mustered in, it leaving the State with a strength of one hundred and fifty-five, on the 23d of January, 1862, for Louisville, where the battery went into "Camp Irvine," near that city. The Second battery — Captain Ernest F. Herzberg — was mustered into the service at "Camp Utley," October 10, i86r, the company numbering one hundred and fifty- three. It left the State for Baltimore, on the 21st of January, 1862. The Third battery — Cap- tain L. H. Drury — completed its orgar^ization of one hundred and seventy at " Camp Utley," and was mustered in October ro, r86i, leaving the State for Louisville, on the 23d of January, 1862. The Fourth battery — Captain John F. Vallee — rendezvoused at "Camp Utley." Its muster in was completed on the ist of October, r86i, its whole force being one hundred and fifty one. The company left the State for Baltimore on the 21st of January, 1862. The Fifth bat- 84 HISTORY OF WISCONSIN. tery, commanded by Captain Oscar F. Finney, was mustered in on the ist of October, 1861, at " Camp Utley," leaving the State for St. Louis, on the isth of March, 1862, one hundred and fifty-five strong. The Sixth battery— Captain Henry Dillon— was mustered in on the ad of October, 1861, at " Camp Utley," leaving the State for St. Louis, March 15, 1862, with a numer- ical strength of one hundred and fifty-seven. The Seventh battery— Captain Richard R. Grif- fiths—was mustered in on the 4th of October, 1861, at " Camp Utley," and proceeded on the 15th of March, 1862, with the Fifth and Sixth batteries to St. Louis. The Eighth battery, com- manded by Captain Stephen J. Carpenter, was mustered in on the 8th of January, 1862, at "Camp Utley," and left the State on the i8th of March following, for St. Louis, one hundred and sixty-one strong. The Ninth battery, under command of Captain Cyrus H. Johnson, was organ- ized at Burlington, Racine county. It was mustered in on the 7th of January, 1862, leaving " Camp Utley " for St. Louis, on the i8th of March. At St. Louis, their complement of men- one hundred and fifty-five — was made up by the transfer of forty-five from another battery. The Tenth battery — Captain Yates V. Bebee— after being mustered in at Milwaukee, on the loth of February, 1862, left " Camp Utley," Racine, on the i8th of March for St. Louis, one hundred and seventeen strong. The Eleventh battery — Captain John O'Rourke — was made up of the " Oconto Irish Guards " and a detachment of Illinois recruits. The company was organized at " Camp Douglas," Chicago, in the Spring of 1862. Early in 1862, William A. Pile succeeded in enlisting ninety-nine men as a company to be known as the Twelfth battery. The men were mustered in and sent forward in squads to St. Louis. Captain Pile's commission was revoked on the i8th of July. His place was filled by William Zickrick. These twelve batteries were all that left the State in 1-862. To these are to be added the three regiments of cavalry and the nineteen regi- ments of infantry, as the effective force sent out during the year by Wisconsin. The military ofiicers of the State, at the commencement of 1863, were Edward Salomon, governor and commander-in-chief; Brigadier General Augustus Gay lord, adjutant general; Colonel S. Nye Gibbs, assistant adjutant general ; Brigadier General Nathaniel F. Lund, quartermaster general; Brigadier General E. B. Wolcott, surgeon general; and Colonel W. H. Watson, military secretary. The two incomplete regiments of 1862 — the Twenty-seventh and Thirty-first volunteers — were completed and in the field in March, 1863. The former was mustered in at "Camp Sigel" — Colonel Conrad Krez — oh the 7th of March, and left the State, eight hundred and sixty-five strong, on the i6th for Columbus, Kentucky; the latter, under command of Colonel Isaac E. Messmore, with a strength of eight hundred and seventy-eight, left Wisconsin on the ist of March, for Cairo, Illinois. The Thirty-fourth (drafted) regiment left "Camp Washburn," Milwaukee, on the 31st of January, 1863, for Columbus, Kentucky, numbering nine hundred and sixty-one, commanded by Colonel Fritz Anneke. On the 17th of February, 1863, the Twenty-fifth regiment left "Camp Randall" for Cairo, Illinois. The Thirtieth regiment remained in Wisconsin during the whole of 1863, performing various duties — the only one of the whole thirty-four that, at the end of that year, had not left the State. On the 14th of January, 1863, the legislature of Wisconsin, as before stated, convened at Madison. Governor Salomon, in his message to that body, gave a summary of the transac- tions of the war fund during the calendar year; also of what was done in 1862, in the recruiting of military forces, and the manner in which the calls of the president were responded to. There were a number of military laws passed at this session. A multitude of special acts authorizing towns to raise bounties for volunteers, were also passed. No additional regiments of infantry besides those already mentioned were organized in 1863, although recruiting for old regiments continued. On the 3d of March, 1863, the congress of the United States passed the "Conscription Act." Under this act, Wisconsin was divided WISCONSIN AS A STATE. 85 into six districts. In the first district, I. M. Bean was appointed provost marshal; C. M. Baker, commissioner; and J. B. Dousman, examining surgeon. Headquarters of this district was at Milwaukee. In the second district, S. J. M. Putnam was appointed provost marshal; L. B. Caswell, commissioner; and t)i. C. R. Head, examining surgeon. Headquarters of this district was at Janesville. In the third district, J. G. Clark was appointed provost marshal ; E. E. Byant, commissioner ; and John H. Vivian, examining susgeon. Headquarters at Prairie du Chien. In the fourth district, E. L. Phillips was appointed provost marshal ; Charles Burchard, commissioner; and L. H. Cary, examining surgeon. Headquarters at Fond du Lac. In the fifth district, C. R. Merrill was appointed provost marshal ; William A. Bugh, commissioner ; and H. O. Crane, examining surgeon. Headquarters at Green Bay. In the sixth district, B. F. Cooper was appointed provost marshal ; L. S. Fisher, commissioner ; and D. D. Cameron, examining surgeon. Headquarters at LaCrosse. The task of enrolling the State was commenced in the month of May, and was proceeded with to its completion. The nine months' term of service of the Thirty-fourth regiment, drafted militia, having expired, the regiment was mustered out of service on the 8th of September. The enrollment in Wisconsin of all persons liable to the " Conscription " amounted to 121,202. A draft was ordered to take place in November. Nearly fifteen thousand were drafted, only six hundred and twenty-eight of whom were mustered in ; the residue either furnished substitutes, were discharged, failed to report, or paid commutation. In the Summer of i86i. Company " K," Captain Langworthy, of the Second Wisconsin infantry, was detached and placed on duty as heavy artillery. His company was designated as "A," First Regiment Heavy Artillery. This was the only one organized until the Summer of 1863; but its organization was effected outside the State. Three companies were necessary to add to company "A" to complete the battalion. Batteries " B," " C " and " D " were, therefore, , organized in Wisconsin, all leaving the State in October and November, 1863. Ninth Administration — James T. Lewis, Governor — 1864-1865. James T. Lewis, of Columbia county, was inaugurated governor of Wisconsin on the fourth of January, 1864. In an inaugural address, the incoming governor pledged himself to use no executive patronage for a re-election ; declared he would administer the government without prejudice or pardality ; and committed himself to an economical administration of affairs con- nected with the State. On the thirteenth the legislature met in its seventeenth regular session. W. W.' Field was elected speaker of the assembly. The republican and union men were in the majority in this legislature. A number of acts were passed relative to military matters. On the I St day of October, J. L. Pickard having resigned as superintendent of public instruction, J. G. McMynn was, by the governor, appointed to fill the vacancy. On the fif- teenth of November, Governor Lewis appointed Jason Downer an associate justice of the supreme court, to fill a vacancy caused by the resignation of Judge Byron Paine, who had resigned his position to take eff"ect on that day, in order to accept the position of lieutenant colonel of one of the regiments of Wisconsin, to which he had been commissioned on the tenth of August previous. The November elections of this year were entered into with great zeal by the two parties, owing to the fact that a president and vice president of the United States were to be chosen. The republicans were victorious. Electors of that party cast their eight votes for Lincoln and Johnson. The members elected to the thirty - ninth congress from Wisconsin at this election were : from the first district, H. E. Paine ; from the second, I. C. Sloan ; from the third, Amasa Cobb ; from the fourth,. C. A. Eldredge; from the fifth, Philetus Sawyer ; and 86 HISTORY OF WISCONSIN. from the sixth district, W. D. Mclndoe. All were republicans except Eldredge, who was elected as a democrat. The Eighteenth regular session of the Wisconsin legislature began in Madison on the elev- enth of January, 1865. W. W. Field was elected speaker of the assembly. The legislature was, as to its political complexion, "Republican Union." On the tenth of April, the last day of the session, Governor Lewis informed the legislature that General Lee and his army had sur- rendered. " Four years ago," said he, " on the day fixed for adjournment, the sad news of the> fall of Fort Sumter was transmitted to the legislature. To-day, thanlc God ! and next to Him the brave officers and soldiers of our army and navy, I am permitted to transmit to you the official'intelligence, just received, of the surrender of General Lee and his army, the last prop of the rebellion. Let us rejoice, and thank the Ruler of the Universe for victory and the pros- pects of an honorable peace." In February preceding, both houses ratified the constitutional amendment aboHshing slavery in the United States. At the Spring election, Jason Downer was chosen associate justice of the supreme court for a full term of six years. The twentieth of April was set apart by the governor as a day of thanksgiving for the overthrow of the rebellion and restoration of peace. At the Fall .election both parties, republican and democratic, had tickets in the field. The republicans were victorious, electing Lucius Fairchild, governor; Wyman Spooner, lieutenant governor ; Thomas S. Allen, secretary of state ; William E. Smith, state treasurer; Charles R. Gill, attorney general; John G. McMynn, superintendent of public instruction; J. M. Rusk, bank comptroller; and Henry Cordier, state prison commis- sioner. War of Secession — Lewis' Administration. The military officers for r864 were besides the governor (who was commander-in-chief) Brigadier General Augustus Gaylord, adjutant general ; Colonel S. Nye Gibbs, assistant adju- tant general ; Brigadier General Nathaniel F. Lund, quartermaster and commissary general, and chief of ordnance ; Brigadier General E. B. Wolcott, surgeon general ; and Colonel Frank H. Firmin, military secretary. The legislature met at Madison on the 13th, of January, 1864. "In response to the call of the General Government," said the governor, in his message to that body, " Wisconsin had sent to the field on the first day of November last, exclusive of three months' men, thirty - four regiments of infantry, three regiments and one company of cavalry, twelve batteries of light artillery, three batteries of heavy artillery, and one company of sharp- shooters, making an aggregate, of forty -one thousand seven hundred and seventy-five men." Quite a number of laws were passed at this session of the legislature relative to military matters : three were acts to authorize towns, cities and villages to raise money by tax for the payment of bounties to volunteers; one revised, amended and consolidated all laws relative to extra pay to Wisconsin soldiers in the service of the United States ; one provided for the proper reception by the State, of Wisconsin volunteers returning from the field of service; another repealed the law relative to allotment commissioners. One was passed authorizing the gov- ernor to purchase flags for regiments or batteries whose flags were lost or destroyed in the service: another was passed amending the law suspending the sale of lands^ mortgaged to the State or held by volunteers, so as to apply to drafted men; another provided for levying a State tax of $200,000 for the support of families gf volunteers. A law was passed authorizing the governor to take care of the sick and wounded Soldiers of Wisconsin, and appropriated ten thousand dollars for that purpose. Two other acts authorized the borrowing of money for repel- ling invasion, suppressing insurrection, and defending the State in time of war. One act pro- hibited the taking of fees for procuring volunteers' extra bounty ; another one defined the resi- dence of certain soldiers from this St.-.te in the service of the United States, who had received WISCONSIN AS A STATE. 87 local bounties from towns other than their proper places of residence. At the commencement of 1864, there were recruiting in the State the Thirty-fifth regiment of infantry and the Thirteenth battery. The latter was mustered in on the 2gth of December, 1863, and left the State for New Orleans on the 28th of January, 1864. In February, authority was given by the war department to organize the Thirty-sixth regiment of infantry. On the 27th of that month, the mustering !n of the Thirty-fifth was completed at " Camp Washburn ' — Colonel Henry Orff — the regiment, one thousand and sixty-six strong, leaving the State on the i8th of April, 1864, for Alexandria, Louisiana. The other regiments, recruited and mustered into the service of' the United States during the year 1864, were: the Thirty-sixth — Colonel Frank A. Haskell ; the Thirty-seventh — Colonel Sam Harriman ; the Thirty-eighth — Colonel James Bintliff; the Thirty -ninth— Colonel Edwin L. Buttrick ; the Fortieth — Colonel W. Augustus Ray; the Forty-first — Lieutenant Colonel George B. Goodwin; the Forty-second — Colonel Ezra T. Sprague; the Forty-third — Colonel Amasa Cobb. The regiments mustered into the service of the United States during the year 1865 were: the Forty-fourth — Colonel George C. Symes ; the Forty-fifth — Colonel Henry F. Belitz; Forty- sixth — Colonel Frederick S. Lovell ; Forty-seventh — Colonel George C. Ginty ; Forty-eighth — Colonel Uri B. Pearsall; Forty-ninth — Colonel Samuel Fallows; Fiftieth — Colonel John G. Clark; Fifty-first — Colonel Leonard Martin; Fifty-second — Lieutenant Colonel Hiram J. Lewis; and Fifty-third — Lieutenant Colonel Robert T. Pugh. All of the fifty-three regiments of infantry raised in Wisconsin during the war, sooner or later moved to the South and were engaged there in one way or other, in aiding to suppress the rebellion. Twelve of these regiments were assigned to duty in the eastern division, which con- stituted the territory on both sides of the Potomac and upon the seaboard from Baltimore to Savannah. These twelve regiments were: the First (three months). Second, Third, Fourth, Fifth, Sixth, Seventh, Nineteenth, Twenty-sixth, Thirty-sixth, Thirty-seventh, and Thirty-eighth. Ten regiments were assigned to the central division, including Kentucky, Tennessee, Northern Alabama, and Georgia. These ten were: the Tenth, Twenty-first, Twenty-second, Twenty- fourth, Thirtieth, Forty-third, Forty-fourth, Forty-fifth, Forty-sixth, and Forty-seventh. Added to these was the First (re-organized). Thirty-one regiments were ordered to the western division, embracing the country west and northwest of the central division. These were: the Eighth, Ninth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, Eighteenth, Twentieth, Twenty-third, Twenty-fifth, Twenty-seventh, Twenty-eighth, Twenty-ninth, Thirty-first, Thirty-second, Thirty-third, Thirty-fourth, Thirty-fifth, Thirty-ninth, Fortieth, Forty-first, Forty- second, Forty-eighth, Forty-ninth, Fiftieth, Fifty-first, Fifty-second, and Fifty-third. During the war several transfers were made from one district to another. There were taken from the eastern division, the Third and Twenty-sixth, and sent to the central division; also the Fourth, which was sent to the department of the gulf. The Twelfth, Thirteenth, Fifteenth, Sixteenth, Seven- teenth, Eighteenth, Twenty-fifth, Thirtieth, Thirty-first and Thirty-second were transferred from the western to the central department. The four regiments of cavelry were assigned to the western division — the First regiment being afterward transferred to the central division. Of the thirteen batteries of light artillery, the Second, Fourth, and Eleventh, were assigned to the eastern division ; the First and Third, to the central division ; the Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, and Thirteenth, to the western division. During the war, the First was transferred to the western division ; while the Fifth, Sixth, Eighth, Tenth, and Twelfth, were transferred to the central division. Of the twelve batteries of the First regiment of heavy artillery — "A," "E," "F," "G," "H," "I," "K," "L," and "M," were assigned to duty in the eastern division ; "B" and "C," to the central 88 HISTOEY 03? WISCONSIN. division; and "D," to tTie western division. Company "G," First regiment Berdan's sharp- shooters, was assigned to the eastern division. The military officers of the State for 1865 were the same as the previous year, except that Brigadier General Lund resigned his position as quartermaster general, James M. Lynch'being appointed in his place. The legislature of this year met in Madison on the nth of January. "To the calls of the Government for troops," said Governor Lewis, in his message, "no State has responded with greater alacrity than has Wisconsin. She has sent to the field, since the commencement of the war, forty-four regiments of infantry, four regiments and one company of cavalry, one regim.ent of heavy artillery, thirteen batteries of light artillery, and one company of sharpshooters, making an aggregate (exclusive of hundred day men) of seventy-five thousand one hundred and thirty-three men." Several military laws were passed at this session : one authorizing cities, towns, and villages to pay bounties to volunteers ; another, incorporating the Wisconsin Soldiers' Home ; two others, amending the act relative "to the commencement and prosecution of civil actions against persons in the military service of the country." One was passed authorizing the payment of salaries,, clerk hire, and expenses, of the offices of the adjutant general and quartermaster general from the war fund ; another, amending the act authorizing commissioned officers to take acknowledg- ment of deeds, affidavits and depositions; another, amending the act extending the right of suffrage to soldiers in the field. One act provides for correcting and completing the records of the adjutant general's office, relative to the military history of the individual members of the several military organizations of this State ; another fixes the salary of the adjutant general and the quartermaster general, and their clerks and assistants; another prohibits volunteer or sub- ■stitute brokerage. One act was passed supplementary and explanatory of a previous one of the -same session, authorizing towns, cities, or villages, to raise money to pay bounties to volunteers; -another, amending a law of 1864, relating to the relief of soldiers' families; and another, pro- "viding for the establishment of State agencies for the relief and care of sick, wounded and disabled Wisconsin soldiers. There was an act also passed, authorizing the borrowing of money for a period not exceeding seven months, to repel invasion, suppress insurrection, and defend the State in time of war, — the amount not to exceed $850,000. On the r3th of April, 1865, orders were received to discontinue recruiting in Wisconsin and to discharge all drafted men who had not been mustered in. About the first of May, orders were issued for the muster out of all organizations whose term of service would expire on or before the first of the ensuing October. As a consequence, many Wisconsin soldiers were soon on their way home. State military officers devoted their time to the reception of returning regiments, to their payment by the United States, and to settling with those who were entitled to extra pay from the State. Finally, their employment ceased — the last soldier was mustered out — the War of the RebelHon was at an end. Wisconsin had furnished to the federal army during the conflict over ninety thousand men, a considerable number more than the several requisitions of the General Government called for. Nearly eleven thousand of these were killed or died of wounds received in battle, or fell victims to diseases contracted ' in the military service to sar nothing of those who died after their discharge, and whose deaths do not appear upon the mili- tary records. Nearly twelve million dollars were expended by the State authorities and the people of the several counties and towns throughout the State, in their efforts to sustain the National Government. Wisconsin feels, as well she may, proud of her record made in defense of national existence Shoulder to shoulder with the other loyal States of the Union, she stood — always ranking among the foremost. From her workshops, her farms, her extensive pineries, she poured forth stalwart WISCONSIN AS A STATE. 89 men, to fill up the organizations which she sent to the field. The blood of these brave men drenched almost every battle-field from Pennsylvania to the Rio Grande, from Missouri to Georgia. To chronicle the deeds and exploits — the heroic achievements — the noble enthusiasm — of the various regiments and military organizations sent by her to do battle against the hydra- headed monster secession — would be a lengthy but pleasant task ; but these stirring annals belong to the history of our whole country. Therein will be told the story which, to the latest time in the existence of this republic, will be read with wonder and astonishment. But an out- line of the action of the State authorities and their labors, and of the origin of the various military organizations, in Wisconsin, to aid in the suppression of the rebellion, must needs contain a reference to other helps employed — mostly incidental, in many cases wholly charitable, but iione the less effective : the sanitary operations of the State during the rebellion. Foremost among the sanitary operations of Wisconsin during the war of the rebellion was the organization of the surgeon general's department — to the end that the troops sent to the field from the State should have a complete and adequate supply of medicine and instruments as well as an efficient medical staff. In 1861, Governor Randall introduced the practice of appoint- ing agents to travel with the regiments to the field, who were to lake charge of the sick. The practice was not continued by Governor Harvey. On the 17th of June, 1862, an act of the legislature became a law authorizing the governor to take care of the sick and wounded soldiers of Wisconsin, and appropriated twenty thousand dollars for that purpose. Under this law several ejfpeditions were sent out of the State to look after the unfortunate sons who were Buffering from disease or wounds. Soldiers' aid societies were formed throughout the State soon after the opening scenes of the rebellion. When temporary sanitary operations were no longer a necessity in Wisconsin, there followed two military benevolent institutions intended to be of a permanent character.: the Soldiers' Home at Milwaukee, and the Soldiers' Orphans' Home at Madison. The latter, however, has been discbntinued. The former, started as a State institu- tion, is now wholly under the direction and support of the General Government. Whether in the promptitude of her responses to the calls made on her by the General Govern- ment, in the courage or constancy of her soldiery in the field, or in the wisdom and efficiency with which her civil administration was conducted during the trying period covered by the war of the rebellion, Wisconsin proved herself the peer of any loyal State. TABULAR STATEMENT. We publish on the following pages the report of the Adjutant General at the close of the war, but before all the Wisconsin organizations had been mustered out. It shows how many brave men courageously forsook homes, friends and the comforts of peaceful avocations, offering their lives in defense of their country's honor. Twenty-two out of every hundred either died, were killed or wounded. Thirteen out of every hundred found a soldier's grave, while only 60 per cent of them marched home at the end of the war. Monuments may crumble, cities fall into decay, the tooth of time leave its impress on all the works of man, but the memory of the gallant deeds of the army of the Union in the great war of the rebellion, in which the sons of Wisconsin bore so conspicuous a part, will live in the minds of men so long as time and civilized governments endure. 90 'a ce M Is m ■ rfl H cs H 2 ri Si as s -*^ p *? ft eSj'EqogTd ■lajBUBIi ■uoiiiesad •3aissii5 •qjiBaa CDCO;CiOOCOCOOi-HCDa»<£)i-Ht^'^COOia(Ni-HCOt-HOSU3(NODrH-^gi--^pcOr-^J^ Ca"^ai^lO'^COi-HCOMCOCO'^C■^:^Tt^xcou^cDl~lJ^*coos•«*^cocol:^co(^^cotNoasT-^TJ^oOlOOl>•I-- CD CO COOr-'t-iOi-Hr--tUDi001QOT^CO^-l-Wi-HOOI^COOC5CO<>l'^cDt-^500STtiiOCDO<^cDi-^ SS^.^SJaJS COCDTpCO(NOiOt-i-H'<*<05COCO'iDCOC^C^COOaQO(NCOI:^C^iOTtOOCOCOCOC^I:-Oi-Hl^-*COGiCOCOi-^t-t--5DCDTO rHi-HC^(MMi-Hi-li-(.-l.-(ffqi-((M C^r-HrHrHf-HT-Hi-Hi-Hi-Hr-lT-H.— IrHrHi-Hi-lr-lr-l T-Cr-li-Hi-H i-t »-(.-( iCQ0I>--^t-C»t-HOiC0C0OSCN MI^C0£~-00O t— II>-COOCOrHOi— 'I— ICOr---^G^OiOi>lu:iCOi— 't--Q0C»COC^rHC^Q0t^CO — |-^iQI^-iOOCMr-l>'i— CG^-^t-t^OCD-^CDt— OiOOC30i— (OC0C0CDOl"-OiC3CDC0aiOrH00L— t—t—COr-O C»03O0SOi-iOC3Q0C3OO0i0iC0O0S050303OOa5OOOCJ0c3i<3503Q0050005O0it-O3ir-t-iOQ0C0CX)00 ^,£3 .5-^' s fl -' ^g fl ^ J ^ '- ^3 5 ^ ^ "^ ^ ^ ^ -^ -^ ^ a ■^ -s s :3 ^ .b ^ .^g § iJ w a EH * h-l tg ^^ u to o ^ PhBh £? S "S •s i3 " -e -fl -5 « •3 § OS'S a " § S 2 .a S.5P-9 & once WKh a ■ ■ t3 Lj oj a ^f 03 "^ ■-' lllflli=ll|l|l:H^v^g|||,, « >» © SI a oj sa *^ O p] o ® 91 ODCO •TtlCDlO ^i-(.-l'^COC^COt-r-HOOt^t-COt-i-H(MCOCO»CieDWD-^OOCD-*'-'0'^M<»OCO'Tt<>*C^CO ^-HCO^-lO'-H(^100iO"^l~-C^O^■^-rHMC5l--CO"^t*QOC<^CDCO^-COOUDOlOCDlOlJ^OOil— iCO-^T-HiOtO lOCOWCDiOtOCO COC^C^lC^COC-lCOCOtMtNi— ICOt— 1 COi— li— iC^i-Ht— li-Hi-HnHi-li— (i-Hi— I cOCO 1-1 trq (M (M CN .— «LOl>-OCDTtiQOCOCOC^"<*iC-JcDCX)i-'OSi— I COOOiOO CO-^COTfHir^COOiCDJ^-T— ICOCO CO CO (M e000>*eDeDCN»O0iC0'^Ci— (1— I >— I ,9 Q p a> ea p^ o o A O) t4 oQ m , i3 m S ' i p ^- 0) CO w tiki's ^^ b"» S§ £ , aS Cp d^ l>j CO t. ^ •< " J3 - -J ^ Mfl, iJ •S ^ ,£3 ■*^ *3 ^ oo-a i3 a> OtJ SSSSSSS5.S.IS2§5 a 5 j3 ja § c "■*3 '-^j "^ *5 '^ 'Ij '-nl !;3 *^ '— '^ '*j bbbbbb^>>b>^>>&> H n n n nci) n n pq pq pii pp pq g T3 C3 P -«, '^ "S o"^ a § .«> 6 =s <- .5P ' o .^ . >> o s .a o aj p ^ S £ = . g 3 a Oppt)<|OI= 92 HISTORY OF WISCONSIN^. Tenth Administration. — Lucius Fairchild, Governor— 1866-1867. The inauguration of the newly elected State officers took place on Monday, January i, 1866. The legislature, in its nineteenth regular session, convened on the tenth. H. D. Barron was elected speaker of the assembly. The " Union " and " Republican " members jere in a majority in both branches of the legislature. " Our first duty," said Governor Fairchild in his message, "is to give thanks to Almighty God for all His mercies during the year that is past.'' " The people of no nation on earth," he continued, " have greater cause to be thankful than have our people. The enemies of the country have been overthrown in battle. The war has settled finally great questions at issue between ourselves." Among the joint resolutions passed at this session was one submitting the question of a constitutional convention to frame a new constitution for the State, to the people. The legislature adjourned on the twelfth of April, having been in session ninety-three days. At the general election in November of this year, there were* elected to the Fortieth congress : H. E. Paine, from the first district ; B. F. Hopkins, from the second ; Amasa Cobb, from the third ; C. A. Eldredge, from the fourth ; Philetus Sawyer, from the fifth, and C- C. Washburn, from the sixth district. All were republicans except Eldredge, who was elected as a democrat. The proposition for a constitutional conven- tion was voted upon by the people at this election, but was defeated. The twentieth session of the legislature commenced on the ninth of January, 1867. Angus Cameron was elected speaker of the assembly. The legislature was strongly " Repub- lican-Union." The message of Governor Fairchild was read by him in person, on the tenth. On the twenty-third, the two houses, in joint convention, elected Timothy O. Howe United States senator for the term of six years, commencing on the fourth of March next ensuing. This legislature passed an act submitting to the people at the next Fall election an amendment- to section twenty-one of article four of the constitution of the State, providing for paying a salary of three hundred and fifty dollars to each member of the legislature, instead of al ^er diem allowance, as previously given. A sine die adjournment took place on the eleventh of April, after a service of ninety-three days. To provide for the more efficient collection of license fees due the State, an act, approved on the day of adjournment, authorized the governor to appoint an agent of the treasury, to superintend and enforce the collection of fees due for licenses fixed by law. This law is still in force, the agent holding his office at the pleasure of the executive of the State. On the 27th of March, Chief Justice Dixon resigned his office, but was immediately appointed by the governor to the same position. At the election in April following, associate Justice Cole was re-elected, without opposition, for six years from the first Monday in January following. On the i6th of August, Associate Justice Downer having resigned, Byron Paine was appointed by the governor in his place. The republican State ticket, in the Fall, was elected over the democratic — resulting in the choice of Lucius Fairchild for governor ; Wyman Spooner, for lieutenant governor ; Thomas S. Allen, Jr., secretary of state; William E. Smith, for state treasurer; Charles R. Gill, for attorney general ; A. J. Craig, for superintendent of public instruction ; Jeremiah M. Rusk, for bank comptroller, and Henry Cordier, for state prison commissioner. Except Craig, all these officers were the former incumbents. The amendment to section 21 of article 4 of the constitution of the State, giving the members a salary instead of a per diem allowance, was adopted at this election. As it now stands, each member of the legislature receives, for his services, three hundred and fifty dollars per annum, and ten cents for every mile he travels in going to and returning from' the place of the meetings of the legislature, on the most WISCONSHS" AS A STATE. 93 visual route. In case of any extra session of the legislature, no additional compensation shall be allowed to any member thereof, either directly or indirectly. Eleventh Administration. — Lucius Fairchild, Governor (second term) — 1868-1869. The Eleventh Administration in Wisconsin commenced at noon on the 6th day of January, 1868. This was the commencement of Governor Fairchild's second term. On the eighth of January, 1868, began the twenty-first regular session of the legislature of Wisconsin. A. M. Thomson was elected speaker of the assembly. Of the laws of a general nature passed by this legislature, was one abolishing the office of bank comptroller, transferring his duties to the stat,e treasurer, and another providing for the establishing of libraries in the various townships ■of the State. A visible effect was produced by the constitutional amendment allowing members a salary, in abreviating this session, though not materially diminishing the amount of bnsiness transacted. A sine die adjournment took place on the sixth of March. At the election in April, 1868, Chief Justice Dixon was chosen for the unexpired balance of his own term, ending on the first Monday of January, 1870. At the same election, Byron Paine was chosen associate justice for the unexpired balance of Associate Justice Downer's term, ■ending the ist day of January, 1872. , At the Fall election in this year, republican electors were chosen over those upon the democratic ticket, for president and vice president ; and, as a consequence, Grant and Colfax received the vote of Wisconsin. Of the members elected at the same time, to the forty-first congress, all but one were republicans — Eldr6dge being a democrat. The successful ticket was : H. E. Paine, from the first district ; B. F. Hopkins, from the second ; Amasa Cobb, from the third ; C. A. Eldredge, from the fourth ; Philetus Sawyer, from the fifth, and C. C. Washburn, from the sixth district. These were all members, form their respective districts, in the previous ■congress — the only instance since Wisconsin became a State of a re-election of all the incum- bents. On the thirteenth of January, 1869, began the twenty-second regular session of the State legislature. A. M. Thomson was elected speaker of the assembly. A very important duty iny)osed upon both houses was the election of a United States senator in the place of James R. Doolittle. The republicans having a majority in the legislature on joint ballot, the excitement among the members belonging to that party rose to a high pitch. The candidates for nomina- tion were Matthew H. Carpenter and C. C. Washburn. The contest was, up to that time, ninparalleled in Wisconsin for the amount of personal interest manifested. Both gentlemen had a large lobby influence assembled at Madison. Carpeiiter was successful before the republican nominating convention, on the sixth ballot. On the twenty-seventh of January, the two houses proceeded to ratify the nomination by electing him United States senator for six years, from the fourth of March following. One of the most important transactions entered into by the legis- lature of 1869 was the ratification of the suffrage amendment to the constitution of the United States. Both houses adjourned sine die on the eleventh of March — a very short session. At the spring election, on the 6th of April, Luther S. Dixon was re-elected without opposition, chief justice of the supreme court, for a term of six years, from the first Monday in January next ensuing. In the Fall, both democrats and republicans put a State ticket in the field for the •ensuing election : the republicans were successful, electing Lucius Fairchild, governor ; Thad- deus C. Pound, lieutenant governor; Llywelyn Breese, secretary of state ; Henry Baetz, state treasurer ; S. S. Barlow, attorney general ; george F. Wheeler, state prison commissioner ; and A. L. Craig, superintendent of public instruction. The office of bank comptroller expired on the 31st day of December, 1869, the duties of the office being transferred to the state treasurer. 94 HISTORY OF WISCONSIN. At this election, an amendment to sections 5 and 9 of article five of the constitution of the State was ratified and adopted by the people. Under this amendment, the governor receives, during his continuance in office, an annual compensation of five thousand dollars, which is. in full for all traveling or other expenses incident to his duties. The lieutenant governor receives, during his continuance in office, an annual compensation of one thousand dollars. Twelfth Administration. — Lucius Fairchild, Governor (third term) — 1870-1871. On the third of January, 1870, commenced the twelfth administration in Wisconsin, Gov- ernor Fairchild thus entering upon his third term as chief executive of the State ; the only instance since the admission of Wisconsin into the Union, of the same person being twice re-elected to that office. It was an emphatic recognition of the value of his services in the gubernatorial chair. On the twelfth of January, the twenty-third regular session of the legis- lature of the State commenced at Madison. James M. Bingham was elected speaker of the assembly. Before the expiration of the month. Governor Fairchild received official information that over two hundred thousand dollars of the war claim of Wisconsin upon the General Govern- ment had been audited, considerable more than one hundred thousand having the previous year been allowed. In the month of March, an energetic effort was made in the legislature, by members from Milwaukee, to remove the seat of government from Madison to their city ; but the project was defeated by a considerable majority in the assembly voting to postpone the matter indefinitely. According to section eight of article one of the constitution, as originally adopted, no person could be held to answer for a criminal offense unless on the presentment or indictment of a grand jury, except in certain cases therein specified. The legislature of 1869 proposed an amendment against the "grand jury system " of the constitution, and referred it to the legislature of 1870 for their approval or rejection. The latter took up -the proposition and agreed to it by the proper majority, and submitted it to the people at the next election for their ratification. The sine die adjournment of both houses took place on the seventeenth of March, 1870. On the first day of January, previous, the member of congress from the second district of the State, B. F. Hopkins, died, and David Atwood, republican, was elected to fill the vacancy on the fifteenth of February following. Early in 1870, was organized the " Wisconsin Academy of Sciences, Arts and Letters." By an act of the legislature approved March 16, of that year, it was incorporated, having among its specific objects, researches and investigations in the various departments of the material, meta- physical, ethical, ethnological and social sciences; a progressive and thorough scientific survey of the State, with a view of determining its mineral, agricultural .and other resources; the advancement of the useful arts, through the application of science, and by the encouragement of original invention; the encouragement of the fine arts, by mean's of honors and prizes awarded to artists for original works of superior merit; the formation of scientific, economical and art museums; the encouragement of philological and historical research; the collection and preservation of historic records, and the formation of- a general library; and the diffusion of knowledge by the publication of original contributions to science, literature and the arts. The academy has already published four volumes of transactions, under authority of the State. The fourth charitable institution established by Wisconsin was the " Northern Hospital for the Insane," located at Oshkosh, Winnebago county. It was authorized by an act of the legis- lature approved March 10, 1870. The law governing the admission of patients to this hospital is the same as to the Wisconsin State Hospital. WISCONSIN AS A STATE. 95 On the third day of July, 1870, A. J. Craig, superintendent of'public instruction, died of consumption, and Samuel Fallows wis, on the 6th of that month, appointed by the governor to fill the place made vacant by his death. The census taken this year by the General Govern- ment, showed the population of Wisconsin to be over one million sixty-four thousand.' At the Fall election for members to the forty-second congress, Alexander Mitchell was chosen to represent the first district; G. W. Hazelton, the second; J. A. Barber, the third; C. A. Eldredge, the fourth; Philetus Sawyer, the fifth; and J. M. Rusk, the sixth district. Mitchell and Eldredge were democrats; the residue were republicans. The amendment to section 8, of article 7 of the constitution of the State, abolishing the grand jury system was ratified by a large majority. Under it, no person shall be held to answer for a criminal offense without due process of law, and no person, for the same off'ense, 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 and 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 it. Governor Fairchild, in his last annual message to the legislature, delivered to that body at its twenty-fourth regular session beginning on the eleventh of January, 187 1, said that Wisconsin State polity was so wisely adapted to the needs of the people, and so favorable to the growth and prosperity of the commonwealth, as to require but few changes at the hands of the legisla- ture, and those rather of detail than of system. At the commencement of this session, William E. Smith was elected speaker of the assembly. A very carefully-perfected measure of this legislature was one providing for the trial of criminal offenses on information, without the inter- vention of a Grand Jury. A state commissioner of immigration, to be elected by the people, was provided for. Both bodies adjourned sine die on the twenty-fifth of March. On the thirteenth of January preceding, Associate Justice Byro.i Paine, of the supreme court, died ; whereupon the governor, on the 20th of the same month, appointed in his place, until the Spring election should be held, William Penn Lyon. The latter, at the election in April, was chosen by the people to serve the unexpired time of Associate Justice iPaine, ending the first Monday of Jan- uar)', 1872, and for a full term of six years from the same date. On the 3d of April, Ole C, Johnson was appointed by the governor state commissioner of immigration, to serve until his successor at the next general election could be chosen by the people. To the end that the administration of public charity and correction should thereafter be conducted upon sound principles of economy, justice and humanity, and that the relations existing between the State and its dependent and criminal classes might be better understood, there was, by' an act of the legislature, approved March 23, 1871, a "state board of charities and reform" created — to consist of five members to be appointed by the governor of the State, the duties of the members being to investigate and supervise the whole system of charitable and correctional institutions supported by the State or receiving aid from the State treasury, and on or before the first day of December in each year to report their proceedings to the executive of the State. This board was thereafter duly organized and its members have since reported annually to the governor their proceedings and the amount of their expenses, as required by law. The "Wisconsin State Horticultural Society," although previously organized, first under the name of the " Wisconsin Fruit Growers' Association,'' was not incorporated until the 24th of March, i87T^the object of the society being to improve the condition of horticulture, rural adornment and landscape gardening. By a law of 1868, provision was made for the publication of the society's transactions in connection with the State agricultural society ; but by the act ^'^ HISTORY OF WISCONSIN of 187 1, this law was repealed and an appropriation made for their yearly publication in separate- form; resulting in the issuing, up to the present time, of nine volumes. The society holds annual meetings at Madison. At the November election both republicans and democrats had a full ticket for the suffrages of the people. The republicans were successful,, electing for governor, C. C. Washburn; M. H. Pettitt, for lieutenant governor ; Llywelyn Breese, for secretary of state ; Henry Baetz, for state treasurer ; Samuel Fallows, for superintendent of public instruction ; S. S. Barlow, for attorney general ; G. F. Wheeler, for state prison commissioner ; and O. C. Johnson, for state commis- sioner of immigration. At this election an amendment to article four of the constitution of the State was ratified and adopted by the people. As it now stands, the legislature is prohibited from enacting any special or private laws in the following cases : 1st. For changing the names 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 mili- tary roacjs 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. 5th. 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. 8th. For authorizing the apportionment of any part of the school fund. 9th. For incorporating any town or village,oor to amend the charter thereof. The legislature shall provide general laws for the transaction of any business that may be prohibited in the foregoing cases, and all such laws shall be uniform in their operation throughout the State. Industrially considered, the year 1871 had but little to distinguish it from the average of previous y'ears in the State, except that the late frosts of Spring and the drouth of Summer dimin- ished somewhat the yield of-certain crops. With the exception of slight showers of only an hour or two's duration, in the month of September, no rain fell in Wisconsin from the eighth of July to the ninth of October — a period of three months. The consequence was a'most calamitous event which will render the year 187 1 memorable in the history of the State. The great drouth of the Summer and Fall dried up the streams and swamps in Northern Wisconsin. In the forests, the fallen leaves and underbrush which covered the ground became very ignitable. The ground-itself, especially in cases of alluvial or bottom lands, was so dry and parched as to burn readily to the depth of a foot or more. For many days preceding the com- mencement of the second week in October fires swept through the timbered country, and in some instances over prairies and " openings." Farmers, saw-mill owners, railroad men and all others interested in exposed property, labored day and night in contending against the advance of devouring fires, which were destroying, notwithstanding the ceaseless energies of the people, an occasional mill or house and sweeping off, here and there, fences, haystacks and barns. Over the counties lying upon Green bay and a portion of those contiguous thereto on the south, southwest and west, hung a general gloom. No rain came. All energies were exhausted from " fighting fire." The atmosphere was every where permeated with smoke. The waters of the bay and even Lake Michigan, in places, were so enveloped as to render navigation difficult and in some instances dangerous. It finally became very dififrcult to travel upon highways and on railroads. Time drew on — but there came no rain. The ground in very many. places was burned over. Persons sought refilge — some in excavations in the earth, others in wells. The counties of Oconto, Brown, Kewaunee, Door, Manitowoc, Outagamie and Shawano were all more or less swept by this besom of destruction ; but in Oconto county, and for some distance into Menomonee county, Michigan, across the Menomonee river, on the west shore of WISCONSIN AS A STATE. 97 the bay and throughout the whole length and breadth of the peninsula, — that is, the territory lying between the bay and Lake Michigan, — the fires were the most devastating. The first week in October passed ; then came an actual whirlwind of fire — ten or more miles in width and of indefinite length. The manner of its progress was extraordinary. It destroyed a vast amount of property and many lives. It has been described as a tempestuous sea of flame, accompanied by a most violent hurricane, which multiplied the force of the destructive element. Forests, farm improvements and entire villages were consumed. Men, women and children perished — awfully perished. Even those who fled and sought refuge from the fire in cleared fields, in swamps, lakes and rivers, found, many of them, no safety there, but were burned to death or died of suf- focation. This dreadful and consuming fire was heralded by a sound likened to that of a railroad train — to the roar of a waterfall — to the rioise of a battle' at a distance. Not human beings only, but horses, oxen, cows, dogs, swine — every thing that had life — ran to escape the impend- ing destruction. The smoke was suffocating and blinding ; the roar of the tempest deafening i the atmosphere scorching. Children were separated from their parents, and trampled upon by crazed beasts. Husbands and wives rushed in wild dismay, they knew not where. Death rode triumphantly upon that devastating, fiery flood. More than one thousand men, women and children perished. More than three thousand were rendered destitute — utterly beggared. Mothers were left with fatherless children ; fathers with motherless children. Every where were homeless orphans. All around lay suffering, helpless humanity, burned and maimed. Such was the sickening spectacle after the impetuous and irresistible wave of fire swept over that portion of the State. This appalling calamity happened on the 8th and gth of October. The loss of property has been estimated at four million, dollars. At the tidings of this fearful visitation. Governor Fairchild hastened to the burnt district, to assist, as much as was in his power, the distressed sufferers. He issued, on the 13th of the month,,a stirring appeal to the citizens of Wisconsin, for aid. It was promptly responded to from all portions of the State outside the devastated region. Liberal conrributions in money, clothing and provisions were sent — some from other States, and even from foreign countries. Northwestern Wisconsin also suffered severely, during these months of drouth, from large fires. A compilation of the public statutes of Wisconsin was prepared during the year 1871, by David Taylor, and published in two volumes, generally known as the Revised Statutes of 1871. It was wholly a private undertaking ; but the legislature authorized the secretary of state to purchase five hundred copies for the use of the State, at its regular session in 1872. Thirteenth Administration. — C. C. Washburn, Governor — 1872-1873. The thirteenth gubernatorial administration in Wisconsin commenced on Monday, January I, 1872. The only changes made, in the present administration from the previous one, were in the offices of governor and lieutenant governor. The twenty-fifth regular session of the legislature began on the 10th of January, with a republican majority in both houses. Daniel Hall was elected speaker of the assembly. The next day the governor delivered to a joint convention of the legislature his first annual message — a lengthy document, setting forth in detail the general condition of State affairs. The recent great conflagrations were referred to, and relief suggested. The work of this session of the Leg- islature was peculiarly difficult, owing to the many general laws which the last constitutional amendment made necessary. The apportionment of the State into new congressional districts, was another perplexing and onerous task. Eight districts were formed instead of six, as at the commencement of the last decade. By this, the fourth congressional apportionment, each district 98 HISTORY OF WISCONSIN. elects one member. The first district consists of the counties of Rock, Racine, Kenosha, Wal- worth, and Waukesha; the second, of Jefferson, Dane, Sauk, and Columbia ; the third.>of Grant, Iowa, LaFayette, Green, Richland, and Crawford ; the fourth, of Milwaukee, Ozaukee, and Wash- ington; the fifth, of Dodge, Fond du Lac, Sheboygan and Manitowoc ; the sixth, of Green Lake, Waushara, Waupaca, Outagamie, Winnebago, Calumet, Brown, Kewaunee and Door ; the sev- enth, of Vernon, La Crosse, Monroe, Jackson, Trempealeau, Buffalo, Pepin, Pierce, St. Croix, Eau Claire, and Clark ; the eighth, of Oconto, Shawano, Portage, Wood, Juneau, Adams, Marquette, Marathon, Dunn, Chippewa, Barron, Polk, Burnett, Bayfield, Douglas, and A'shland. To this district have since been added the new counties of Lincoln, Taylor, Price, Marinette and New. After a session of seventy-seven days, the legislature finished its work, adjourning on the twenty-seventh of March. At the ensuing November election, the republican ticket for presi- dent and vice president of the United States was successful. The ten electors chosen cast their votes in the electoral college for Grant and Wilson. In the eight congressional districts, six republicans and two democrats were elected to the forty-third congress ; the last • mentioned from the fourth and fifth districts. C. G. Williams represented the first district ; G. W. Hazel- ton the second ; J. Allen Barber the third ; Alexander Mitchell the fourth ; C. A. Eldredge the fifth ; Philetus Sawyer the sixth ; J. M. Rusk the seventh ; and A. G. McDill the eighth district. Throughout Wisconsin, as in all portions of the Union outside the State, a singular pesti- lence prevailed among horses in the months of November and December, 1872, very few escap- ing. Horses kept in warm, well ventilated stables, avoiding currents of air, with little or no medicine, and fed upon nutritious and laxative food, soon recovered. Although but few died, yet the loss to the State was considerable, especially in villages and cities, resulting from the diffi- culty to substitute other animals in the place of the horse during the continuance of the disease. The twenty-sixth regular session of the State legislature commenced on the eighth day of January, 1873, with a republican majority in both houses. Henry D. Barron was elected speaker of the assembly. On the ninth, Governor Washburn's message — his second annual one — was delivered to the two houses. It opened with a brief reference to the abundant returns from agricultural pursuits, to the developments of the industries of the state, to the advance in manufacturing, to the rapid extension in railways, and to the general and satisfactory progress in education, throughout Wisconsin. He followed with several recommendations- — claiming that "many vast and overshadowing corporations in the United States are justly a source of alarm," and that " the legislature can not scan too closely every measure that should come before it which proposed to give additional rights and privileges to the railways of the state." He also recommended that the " granting of passes to the class of state officials who, through their public office, have power to confer or withhold benefits to a railroad company, be prohibited." The message was favorably commented upon by the press of the state, of all parties. " If Governor Washburn," says one of the opposition papers of his administration, " is not a great statesman^ he is certainly not a small politician." One of the first measures of this legislature was the elec- tion of United States senator, to fill the place of Timothy O. Howe, whose term of office weuld expire on the fourth of March next ensuing On the twenty-second of January the two houses met in joint convention, when it was announced that by the previous action of the senate and assembly, Timothy O. Howe was again elected to that office for the term of six years. On the twentieth of March, the legislature adjourned sine die, after a session of seventy-two days. Milton H. Pettitt, the lieutenant governor, died on the 23d day of March following the adjournment. By this sudden and unexpected death, the State lost an upright and conscientious public officer. WISCONSIN AS A STATE. 99 Among the important acts passed by this legislature was one providing for a geological sur- vey of the State, to be begun in Ashland and Douglas counties, and completed within four years, by a chief geologist and four assistants, to be appointed by the governor, appropriating for the work an annual payment of thirteen thousand dollars. An act providing for a geological survey, of the State, passed by the legislature, and approved March 25, 1853, authorized the governor to appoint a state geologist, who was to select a suitable person as assistant geologist. Their duties were to make a geological and mineralogical survey of the State. Under this law Edward Daniels, on the first day of April, 1853, was appointed state geologist, superseded on the 12 th day of August, 1854, by James G. Percival, who died in office on the 2d of May, 1856, at Hazel Green. By an act approved' March 3, 1857, James Hall, Ezra Carr and Edward Daniels were appointed by the legislature geological commissioners. By an act approved April 2, r86o, Hall was made principal of the commission. The survey was interrupted by a repeal, March 21, 1862, of previous laws promoting it. However, to complete the survey, the matter was reinstated by the act of this legislature, approved March 29, the governor, under that act, appointing as chief geologist Increase A. Lapham, April 10, 1873. Another act changed the management of the state prison — providing for the appointment by the governor of three directors ; one for two years, one for four years, and one for six years, in place of a state prison commissioner, who had been elected by the people every two years, along with other officers of the State. At the Spring election, Orsamus Cole, who had been eighteen years upon the bench, was re-elected, without opposition, an associate justice of the supreme court, for a term of six years from the first Monday in January following. The two tickets in the field at the Fall election were the republican and the people's reform. The latter was successful ; the political scepter passing out of the hands of the republicans, after a supremacy in the State continuing unbroken since the beginning of the seventh administration, when A. W. Randall (governor for a second term) and the residue of the State officers were elected — all republicans. The general success among the cultivators of the soil throughout the state during the year, notwithstanding "the crisis," was marked and satisfactory; but the financial disturbances during the latter part of the Fall and the first part of the Winter, resulted in a general depreciation of prices. Fourteenth Administration. — William R. Taylor, Governor — 1874-75. The fourteenth administration of Wisconsin commenced at noon on Monday, the fifth day of January, 1874, by the inauguration of William R. Taylor as governor; Charles D. Parker, lieutenant governor; Peter Doyle, secretary of state; Ferdinand Kuehn, state treasurer; A. Scott Sloan, attorney general; Edward Searing, superintendent of public instruction; and Martin J. Argard, state commissioner of immigration. These officers were not elected by any distinctive political party as such, but as the representatives of a new political organization, including " all Democrats, Liberal Republicans, and other electors of Wisconsin, friendly to genuine reform through equal and impartial legislation, honesty in office, and rigid economy in the administration of aifairs." Among the marked characteristics of the platform agreed upon by the convention nominating the above-mentioned ticket was a declaration by the members that they would " vote for no candidate for office whose nomination is the fruit of his own importunity, or of a corrupt combination among partisan leaders ;" another, " that the sovereignty of the State over corporations of its own creation shall be sacredly respected, to the full extent of protecting the people against every form of monopoly or extor- tion," not denying, however, an encouragement to wholesome enterprise on the part of aggre- 100 HISTORY OF WISCONSIN. gated capital — this "plank" having special reference to a long series of alleged grievances assumed to have been endured by the people on account of discriminations in railroad charges and a consequent burdensome taxation upon labor — especially upon the agricultural industry of the State. The twenty-seventh regular session of the Wisconsin legislature commenced at Madison on the fourteenth of January. The two houses were politically antagonistic in their majorities ; the senate was republican, while the assembly had a " reform " majority. In the latter branch, Gabriel Bouck was elected speaker. Governor Taylor, on the fifteenth, met the legislature in joint convention and delivered his message. " An era," said he, "of apparent prosperity without parallel in the previous history of the nation, has been succeeded by financial reverses affecting all classes of industry, and largely modifying the standard of" values." "Accompanying these financial disturbances," added the governor, " has come an imperative demand from the people for a purer political morality, a more equitable apportionment of the burdens and blessings of government, and a more rigid economy in the administration of public affairs." Among the important acts passed by this legislature was one generally known as the " Potter Law," from the circumstance of the bill being introduced by Robert L. D. Potter, sen- ator, representing the twenty-fifth senatorial district of the state. The railroad companies for a number of years had, as before intimated, been complained of by the people, who charged them with unjust discriminations and exorbitantly high rates for the transportation of passengers and merchandize. All the railroad charters were granted by acts at different times of the State leg- islature, under the constitution which declares that " corporations may be formed under general laws, but shall not be created by a special act, exeept for municipal purposes and in cases where, in the judgment of. the legislature, the objects of the corporations can not be attained under general laws. All general laws, or special acts, enacted under the provisions of this section, may be altered or repealed by the legislature at any time after their passage." The complaints of the people seem to have remained unheeded, resulting in the passage of the " Potter Law." This law limited the compensation for the transportation of passengers, classi- fied freight, and regulated prices for its transportation within the State. It also required the governor on or before the first of May, 1874, by and with the consent of the senate, to appoint three railroad commissioners ; one for one year, one for two years, and one for three years, whose terms of office should commence on the fourteenth day of May, and that the governor, thereafter, on the first day of May, of each year, should appoint one commissioner for three years. Under this law, the governor appointed J. H. Osborn, for three years ; George H. Paul, for two years ; and J. W. Hoyt, for one year. Under executive direction, this commission inau- , gurated its labors by compiling, classifying, and putting into convenient form for public use for the first time, all the railroad legislation of the State. At the outset the two chief railroad corporations of the State — the Chicago, Milwaukee and St. Paul, and the Chicago and Northwestern — served formal notice upon the governor of Wis- consin that they would not respect the provisions of the new railroad law. Under his oath of ofifice, to support the constitution of the State, it was the duty of Governor Taylor to expedite all such measures as should be resolved upon by the legislature, and to take care that the laws be faithfully executed. No alternative, therefore, was le*"t the chief executive but to enforce the law by all the means placed in his hands for that purpose. He promptly responded to the noti- fication of the railroad companies by a proclamation, dated May i, 1874, in which he enjoined compliance with the statute, declaring that all the functions of his office would be exercised in faithfully executing the laws, and invokisig the aid of all good citizens thereto. "The law of the land," said Governor Taylor, "must be respected and obeyed." "While none," continued he, WISCONSIN AS A STATE. 101 " are so weak as to be without its protection, none are so strong as to be above its restraints. If provisions of the law be deemed oppressive, resistance to its mandates will not abate, but rather multiply the anticipated evils." ''It is the right," he added, "of all to test its validity through the constituted channels, but with that right is coupled the duty of yielding a general obedience to its requirements until it has been pronounced invalid by competent authority." The railroad companies claimed not merely the unconstitutionality of the law, but that its enforcement would bankrupt the companies, and suspend the operation of their lines. The governor, in reply, pleaded the inviolability of his oath of office and his pledged faith to the people. The result was an appeal" to the courts, in which the State, under the direction of its governor, was compelled to confront an array of the most formidable legal talent of the country. Upon the result in Wisconsin depended the vitality of much similar legislation in neighboring S'.ates, and Governor Taylor and his associate representatives of State authority were thus compelled to bear the brunt of a controversy of national extent and consequence. The contention extended both to State r.nd United States courts, the main question involved being the constitutional power of the State over corporations of its own creation. In all respects, the State was fully sustained in its position, and, ultimately, judgments were rendered against the corporations in all the State and federal courts, including the supreme court of the United States, and estab- lishing finally the complete and absolute power of the people, through the legislature, to modify or altogether repeal the charters of corporations. Another act of the session of 1874 abolished the office of State commissioner of immigra- tion, "on and after " the first Monday of January, 1876. The legislature adjourned on the twelfth of March, 1874, after a session of fifty-eight days. The office of state prison commissioner having, by operation of law, become vacant on the fifth day of January, 1874, the governor, on the twenty-third of that month, appointed for State prison directors, Joel Rich, for tw ) years ; William E. Smith, for four years ; and Nelson Dewey, for six years: these to take the place of that officer. On the sixteenth of June, Chief Justice Dixon, whose term of office would have expired on the first Monday in January, 1876, resigned his seat upon the bench of the supreme court, Governor Taylor appointing Edward G. Ryan in his place until his successor should be elected and qualified. At the November election of this year, the members chosen to the forty-fourth congress were — Charles G. Williams, from the first district; Lucian B. Caswell, from the second ; Henry S. Magoon, from the third ; William Pitt Lynde, from the fourth ; Samuel D. Burchard, from the fifth; A. M. Kimball, from the sixth; Jeremiah M. Rusk, from the seventh, and George W. Gate, from the eighth district. Lynde, Burchard and Gate were " reform ; " the residue were republican. At the same election, an amendment to section 3 of article ir of the constitution of the State was duly ratified and adopted by the people. Under this section, as it now stands, it is the duty of the legislature, and they are by it empowered, to provide for the organization of cities and incorporated villages, 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 arv - -ount, including existing indebtedness in the aggregate, exceeding five per centum on the vai._e 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 corporation, incurring any indebt- edness as aforesaid, shall, before, or at the time of doing so, provide for the collection of a direct i02 HISTORY OF WISCONSIN. annual tax sufficient 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 contracting the same. In 1872, the first appropriation for fish culture in Wisconsin was made by the legislature, subject to the direction of the United States commissioner of fisheries. In 1874, a further sum was appropriated, and the governor of the State authorized to appoint three commissioners, whose duties were, upon receiving any spawn or fish, by or through the United States commis- sioner of fish and fisheries, to immediately place such spawn in the care of responsible pisci- culturists of the State, to be hatched and distributed in the different waters in and surrounding Wisconsin. Two more members have since been added by law to thg commission ; their labors have been much extended, and liberal appropriations made to further the object they have in view — with flattering prospects of their finally being able to stock the' streams and lakes of the State with the best varieties of food fish. The year 1874, in Wisconsin, was characterized as one of general prosperity among farmers, excepting the growers of wheat. The crop of that cereal was light, and, in places, entirely destroyed by the chinch-bug. As a consequence, considerable depression existed in business in the wheat-growing districts. Trade and commerce continued throughout the year at a low ebb, the direct result of the monetary crisis of 1B73. The legislature commenced its twenty-eighth regular session on the thirteenth of January, 1875, with- a republican majority in both houses. F. W. Horn was elected speaker of the assembly. The governor delivered his message in person, on the fourteenth, to the two houses. " Thanking God for all His mercies," are his opening words, " I congratulate you that order and peace reign throughout the length and breadth of our State. Our material prosperity has not fulfilled our anticipations. But let us remember that we bear no burden of financial depression not common to all the States, and that the penalties of folly are the foundation of wisdom." In regard to the " Potter Law," the governor said, " It is not my opinion that this law expressed the best judgment of the legislature which enacted it. While the general principles upon which it is founded command our unqualified approbation, and can never be surrendered, it must be conceded that the law is defective in some of its details The great object sought to be accomplished by our people," continued the speaker, "is not the management of railroad property by themselves, but to prevent its ftiismanagement by others." Concerning the charge that Wisconsin was warring upon railways within her Hmits, the governor added, " She has never proposed such a war. She proposes none now. She asks only honesty, justice and the peace of -mutual good will. To all men concerned, her people say in sincerity and in truth that every dollar invested in our State shall be lawfully entitled to its just protection, whencesoever the danger comes. In demanding justice for all, the State will deny justice to none. In forbidding mismanagement, the State will impose no restraints upon any management that is hjnest and just. In this, the moral and hereditary instincts of our people furnish a stronger bond of good faith than the judgments of courts or the obHgations of paper constitutions. Honest capital may be timid and easily frightened ; yet it is more certain to seek investment among a people ■whose laws are at all times a shield for the weak and a reliance for the strong — where the wholesome restraints of judicious legislation are felt alike by the exalted and the humble, the rich and the poor." The first important business to be transacted by this legislature was the election of a United States senator, as the term for which M. H. Carpenter had ■ been elected would expire on the fourth of March ensuing. Much interest was manifested in the matter, not only in the ,two houses, but throughout the State. There was an especial reason for this ; for, although the then WISCONSIN AS A STATE. 103 incumbent was a candidate for re-election, with a republican majority in the legislature, yet it was well known that enough members of that party were pledged, before the commencement of the session, to vote against him, to secure his defeat, should they stand firm to their pledges. The republicans met in caucus and nominated Carpenter for re-election; but the recalcitrant members field themselves aloof Now, according to usual precedents, a nomination by the domi- nant party was equivalenc to an election ; not so, however, in this case, notwithstanding the friends of the nominee felt sanguine of his election in the end. The result of the first ballot, on the twenty-sixth of January, was, in the senate, thirteen for the republican candidate ; in the assembly, forty-six votes, an aggregate of only fifty-nine. He lacked four votes in the assembly and an equal number in the senate, of having a majority i.i each house. On the twenty-seventh, the two houses, in joint convention, h.iving met to compare the record of the voting the day previous, and it appearing that no one person had received a majority of the votes in each house for United States senator, they proceeded to their first joint ballot. The result was, no election. The balloting was continued each day, until the third of February, when, on the eleventh joint trial, Angus Cameron, of LaCJrosse, having received sitxty-eight votes, to Carpenter's fifty-nine,, with five scattering, was declared elected. As in the previous session so in this, — one of the most absorbing subjects before the legisla- ture was that of railroads; the " Potter Law" receiving a due share of attention in both houses.. The result was an amendment in some important particulars without changing the right of State- control : rates were modified. The law as amended was more favorable to the railroad compa- nies and was regarded as a compromise. The legislature adjourned sine die on the 6th of March. This was the shortest session ever held in the State except one of twenty-five years previous. On the i6th of February, O. W, Wight was appointed by the governor chief geologist of Wisconsin, in place of I. A. Lapham, whose appointment had not been acted upon by the Senate. On the 24th of the same month, J. W. Hoyt was appointed railroad commissioner for three years from the first day of May following, on which day his pne-year term in the same oifice would expire. At the regular Spring election on the 6th of April following, Edward G. Ryan was elected, without opposition, chief justice of the supreme court for the unexpired term of Chief Justice Dixon, ending the first Monday in January, 1876, and for a full term of six years from the last mentioned date; so that his present term of office will expire on the ist Monday in Jan- uary, 1882. An act providing for taking the census of Wisconsin on or before the ist of July, 1875, ■'^3'S passed by the legislature and approved the 4th of March pievious. It required an enumeration of all the inhabitants of the State except Indians, who were not entitled to the right of suffrage. The result of this enumeration gave a total population to Wisconsin of one million two hundred and thirty-six thousand seven hundred and twenty-nine. At the November election, republican and " reform ' tickets were in the field for State officers, resulting in the success' of the latter, except as to governor. For this office Harrison Ludington was chosen by a majority, according to the State board of canvassers, over William R. Taylor, of eight hundred and forty-one. The rest of the candidates elected were : Charles D. Parker, lieutenant governor ; Petei Doyle, secretary of state ; Ferdinand Kuehn, treasurer of state, A. Scott Sloan, attorney general; and Edward Searing, superintendent of public instruction. The act abolishing the office of state commissionei of immigration was to take effect "on and after" the close of this administration ; so, 01 course, no person was voted for to fill that position at the Fall election of 1875. During this administration the principle involved in a long-pending controversy between the State and Minnesota relating to valuable harbor privileges at the head of Lake Superior, was suc- cessfully and finally settled in favor of Wisconsin. The influence of the executive was largely 104 HISTORY OF WISCONSIN". instrumental in initiating a movement which resulted in securing congressional appropriations amounting to $800,000 to the Fox and Wisconsin river improvement. A change was inaugu- rated in the whole system of timber agencies over State and railroad lands, by which the duties of agents were localized, and efficiency was so well established that many important trespasses were brought to light from which over $60,000 in penalties was collected and paid into the Treasury, while as much more was subsequently realized from settlements agreed upon and proceedings instituted. By decisive action on the part of the governor an unsettled printing claim of nearly a hundred thousand dollars was met and defeated in the courts. During this period also appro- priations were cut down, and the rate of taxation diminished. Governor Taylor bestowed unre- mitting personal attention to details of business with a view of promoting the public interests with strict economy, while his countenance and support was extended to all legitimate enter- prises. He required the Wisconsin Central railroad company to give substantial assurance that it would construct a branch line from Stevens Point to Portage City as contemplated by congress, before issuing certificates for its land grants. The closing year of the century of our national existence — 1875, was one somewhat discour- aging to certain branches of the agricultural interests of Wisconsin. The previous Winter had been an unusually severe one. A greater breadth of corn was planted than in any previous year in the State, but the unusually late season, followed by frosts in August and September, entirely ruined thousands of acres of that staple. Fifteenth Administration. — Harrison Ludington, Governor — 1876-1877. The fifteenth administration of Wisconsin commenced at noon on Monday, January 3, 1876, by the inauguration of Sta,te officers — Harrison Ludington, as previously stated, having been elected upon the republican ticket, to fill the chief executive office of the State ; the others, to the residue of the offices, upon the democratic reform ticket : the governor, like three of his predecessors — Farwell, Bashford, and Randall (first term) — having been chosen by a majority less than one thousand ; and, like two 'of his predecessors — Farwell and Bashford — when all the other State officers differed with him in politics. The twenty-ninth regular session of the legislature of Wisconsin began on the 12 th of Janu- ary, 1876, at Madison. The republicans were in the majority in both houses. Samuel S. Fifield was elected speaker of the assembly. On the 13th, Governor Ludington delivered in person, to a joint convention of that body, his message, communicating the condition of affairs of the State, and recommending such matters for the consideration of the legislators as were thought expedient : it was brief; its style condensed ; its striking peculiarity, a manly frankness. " It is not the part of wisdom," said he, in his concluding remarks, " to disguise the fact that the people of this State, in common with those of all sections of the Union, have suffered some abatement of the prosperity that they have enjoyed in the past.'' "We have entered," he continued, "upon the centennial of our existence as an independent nation. It is fit that we should renew the spirit in which the Republic had its birth, and our determination that it shall endure to fulfill the great purposes of its existence, and to justify the noble sacrifices of its founders." The legislature adjouvned sine ^ie on the 14th of March, 1876, after a session of sixty-three days. The chief measures of the session were ; The amendment of the railroad laws, maintaining salutary restric- tions while modifying those features which were crippling and crushing an important interest of the State ; and the apportionment of the State into senate and assembly districts. It is a pro- vision of the constitution of the State that the number of the members of the assembly shall never be less than fifty-four, nor more than one hundred ; and that 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 "WISCONSIN" AS A STATE. 105 assembly. Since the year 1862, the aggregate allotted to both houses had been one hundred and thirty-three, the maximum allowed by the constitution ; one hundred in the assembly and thirty- three in the senate. The number of this representation was not diminished by the apportion- ment of 1876. One of the railroad laws abolished the board of railroad commissioners, confer- ring its duties upon a railroad commissioner to be appointed by the governor every two years. Under this law, Dana C. Lamb was appointed to that office, on the loth of March. 1876. On the 2d day of February, previous, George W. Burchard was by the governor appointed state prison director for six years, in place of Joel Rich, whose term of office had expired. On the same day T. C. Chamberlin was appointed chief geologist of Wisconsin in place of O. W. Wight. The application of Miss Lavinia Goodell, for admission to the bar of Wisconsin, was rejected by the supreme court of the State, at its January term, 1876. "We can not but think," iaid Chief Justice Ryan, in the decree of refusal, " we can not but think the common law wise in excluding women from the profession of the law." "The profession," he added, "enters largely into the well-being of society, and, to be honorably filled, and safely to society, exacts the devotion of life. The law of nature destines and qualifies the female sex for the bearing and nurture of the children of our race, and for the custody of the homes of the world, and their maintenance in love and honor. And all life-long callings of women inconsistent with these radical and social duties of their sex, as is the profession of the law, are departures from the order of Nature, and, when voluntary, are treason against it." By a law since passed, no person can be denied admission to any court in the State on account of sex; and Miss Goodell has been admitted to practice in the Supreme Court. By an act of the legislature, approved March 13, 1876, a State board of health was estab- lished, the appointment of a superintendent of vital statistics, was provided for, and certain duties were assigned to local boards of health. The State board was organized soon after; the governor having previously appointed seven persons as its members. The object of the organization, which is supported by the State, is, to educate the people of Wisconsin into a better knowledge of the nature and causes of disease, and a better knowledge and observance of hygienic laws. By a law passed in 1868, as amended in 1870 and 1873, the secretary of state, state treasurer, and attorney general, were constituted a State board of assessment, to meet in the city of Madison, on the third Wednesday in May, 1874, and biennally thereafter, to make an equalized valuation of the property in the State, as a guide to assessment for taxation. In the tables of equalized valuations compiled by this board in 1876, the whole amount of taxable property in Wisconsin, is set down at $423,596,290 ; of which sum $337,073,148, represents real estate and $86,523,142 personal property. This being the year for the election of president and vice president of the United States, the two political parties in Wisconsin — republican and democratic — had tickets in the field. At the election on Tuesday, November 7, the republican presidential electors received a majority of the votes cast in the State, securing Wisconsin for Hayes and Wheeler. The eight congressional districts elected the same day their members to the forty-fifth congress, whose terms of office would expire on the 4th of March, 1879. Charles G. Williams was elected in the first district; Lucien B. Caswell, in the second; George C. Hazelton, in the third; William P. Lynde, in the fourth; Edward S. Bragg, in the fifth; Gabriel Bouck, in the sixth; H. L. Humphrey, in the seventh; and Thad. C. Pound, in the eighth district. A majority of the delegation was republican, the representatives from the fourth, fifth and sixth districts only, being democrats. 106 HISTORY OF WISCONSIN. There was a general and spontaneous exhibition of patriotic impulses throughout the length and breadth of Wisconsin, on the part of both native and foreign-born citizens, at the com- mencement of the centennial year, and upon the fourth of July. The interest of the people of the State generally', in the Exposition at Philadelphia, was manifested in a somewhat remarkable manner from its inception to its close. By an act of congress, approved March 3, 187 1, pro- vision was made for celebrating the one hundredth anniversary of American Independence, by holding in that city, in 1876, an exhibition of arts, manufactures, and the products ot the soil and mines of the country. A centennial commission, consisting of one commissioner and one alternate commissioner, from each State and Territory, was authorized to be appointed, to carry out the provisions of the act. David Atwood, as commissioner, and E. D. Holton, as alternate, were commissioned by the president of the United States, from Wisconsin. This commission gradually made progress in preparing for an international exposition. " The commission has been organized," said Governor Washburn, in his message to the legislature in January, 1873, " and has made considerable progress in its work. The occasion will be one to which iTie American people can not fail to respond in the most enthusiastic manner." The president of the United States, by proclamation, in July, 1873, announced the exhibition and national celebra- tion, and commended them to the people of the Union, and of all nations. " It seems fitting,'' said Governor Taylor, in his message to the Wisconsin legislature in 1874, " that such a cele- bration of this important event, should be held, and it is hoped it will be carried out in a manner worthy of a great and enlightened nation." By the close of 1874, a large number of foreign governments had signified their intention to participate in the exhibition. The legislature of Wisconsin, at its session in 1875, deeming it essential that the State, with its vast resources in agricultural, mineral, lumbering, manufacturing, and other products and industries, should be fully represented at Philadelphia, passed an act which was approved March 3, 1875, to provide for a "Board of State Centennial Managers." Two thousand dollars were appropriated to pay its necessary expenses. The board was to consist of five members to be appointed by the governor ; and there were added thereto, as ex-officio members, the United States centennial commissioner and his alternate . The duties of the members were to dis- seminate information regarding the Exhibition ; to secure the co-operation of mdustrial, scien- tific, agricultural, and other associations in the State; to appoint co-operative local committees, representing the different industries of the State ; to stimulate local action on all measures intended to render the exhibition successful, and a worthy representation of the industries of the country ; to encourage the production of articles suitable for the Exhibition ; to distribute documents issued by the centennial commission among manufacturers and others in the State ; to render assistance in furthering the financial and other interests of the exhibition ; to furnish information to the commission on subject? that might be referred to the board ; to care for the interests of the State and of its citizens in matters relating to the exhibition ; to receive and pronounce upon applications for space ; to apportion the space placed at its disposal among the exhibitors from the State ; and to supervise such other details relating to the representation of citizens of Wisconsin in the Exhibition, as might from time to time be delegated by the United States centennial commission. The board was required to meet on the first Wednesday of April, 1875, at the capitol, in Madison, to organize and adopt such by-laws and regulations as might be deemed necessary for the successful prosecution of the work committed to their charge Governor Taylor appointed Eli Stilson, J. I. Case, J. B. Parkinson, T. C. Pound, and E. A. Calkins, members of the board. Its organization was perfected, at the appointed time, by the election of J. B. Parkinson as pre- sident, and W. W. Field, secretary. The ex-officio members of the board, were David Atwood, WISCONSIN AS A STATE. 107 United States commissioner, and E. D. Holton, alternate From this time forward, the board was untiring in its efforts to secure a full and proper representation of the varied interests of Wisconsin in the centennial exhibition of 1876. E. A. Calkins having resigned his position as member of the board, Adolph Meinecke took his place by appointment of the governor July 24, 1875. Governor Ludington, in his message to the legislature in January, 1876, spoke in commendation of the coming exhibition. "The occasion," said he, "will afford an excellent opportunity to display the resources and products of the State, and to attract hither capital and immigration." Soon after the organization of the United States centennial commission, a national organ- ization of the women of the country was perfected. A lady of Philadelphia was placed at its head; and a presiding officer from each State was appointed. Mrs. A. C. Thorp assumed the duties of chairman for Wisconsin, in March, 1875, appointing assistants in various parts of the State, when active work was commenced. This organization was efficient in Wisconsin in arousing an interest in the general purposes and objects of the exhibition. By an act of the legislature, approved March 3, 1876, the sum of twenty thousand dollars was appropriated to the use of the board of centennial managers, for the purpose of arranging for, and making a proper exhibition of, the products, resources, and advantages of the State at the exposition. The treasurer of Wisconsin was, by this act, made an ex-officio member of the board. By this and previous action of the legislature — by efforts put forth by the board of managers — by individual enterprise — by the untiring labors of the "Women's Centennial Execu- tive Committee," to whom, by an act of the legislature, approved the 4th of March, 1875, one thousand dollars were appropriated — Wisconsin was enabled to take a proud and honorable position in the Centennial Exposition — a gratification not only to the thousands of her citizens who visited Philadelphia during its continuance, but to the people generally, throughout the State, In Wisconsin, throughout the centennial year, those engaged in the various branches of agriculture and other useful avocations, were reasonably prosperous. The crop of wheat and oats was a light yield, and of poor quality ; but the corn crop was the largest ever before raised in the State, and of superior quality. The dairy and hog product was lUrge, and commanded remunerative prices. Fruits were unusually plenty. Trade and business enterprises, however, generally remained depressed. By section five of article seven of the constitution of Wisconsin, the counties of the State were apportioned into five judicial circuits ; the county of Richland being attached to Iowa, Chippewa to Crawford, and La Pointe to St. Croix. In 1850, the fifth circuit was divided, and a sixth circuit formed. In 1864, Crawford and Richland were made part of the fifth circuit. By an act which took eff"ect in 1854, a seventh circuit was formed. On the first day of January, 1855, the sixth circuit was divided, and an eighth and ninth circuit formed, the county of Columbia being made a part of the last mentioned one. In the same year was also formed a tenth circuit; and, in 1858, Winnebago county was attached to it; but, in 1870, that county was attached to the third circuit. In 1858, Kewaunee county was attached to the fourth circuit. An eleventh circuit was formed in 1864, from which, in 1865, Dallas county was detached, and made part of the eighth. By an act which took effect on the first day of January, 187 i, the twelfth circuit was formed. In 1876, a thirteenth circuit was " constituted and re-organized." At that time, the whole sixty counties^Df the State stood apportioned in the thirteen judicial circuits as follows : First circuit, Walworth, Racine, and Kenosha ; second circuit, Milwaukee, and Waukesha; third circuit. Green Lake, Podge, Washington, Ozaukee, and Winnebago; fourth circuit, Sheboygan, Calumet, Kewaunee, Fond du Lac, and Manitowoc ; fifth circuit, 108 HISTOEY OF WISCONSIN. Grant, Iowa, La Fayette, Richland, and Crawford ; sixth circuit, Clark, Jackson, Monroe, La Crosse, and Vernon ; seventh circuit. Portage, Marathon, Waupaca, Wood, Waushara, Lincoln, and Taylor; eighth circuit, Dunn, Pepin, Pierce, and St. Croix; ninth circuit, Adams, Columbia, Dane, Juneau, Sauk and Marquette ; tenth circuit, Outagamie, Oconto, Shawano, Door, and Brown ; eleventh circuit, Ashland, Barron, Bayfield, Burnett, Chippewa, Douglas, and Polk ; twelfth circuit. Rock, Green, and Jefferson ; and the thirteenth circuit, Buffalo, Eau Claire, and Trempeleau, Marinette and New are now in the tenth ; Price is in the seventh circuit. The thirtieth regular session of the legislature of Wisconsin commenced, pursuant to law, on the ibth of January, 1877. The republicans had working majorities in both houses. J. B. Cassoday was elected Speaker of the Assembly. Governor Ludington delivered his message to the joint convention of the legislature the following day. " We should not seek," said he, in his concluding remarks, " to conceal from ourselves the fact that the prosperity which our people have enjoyed for a number of years past, has suffered some interruption. Agriculture has ren- dered less return ; labor in all departments has been less productive, and trade has consequently been less active, and has realized a reduced psrcentage of profit."- " These adverse circum- stances," continued the governor, " will not be wholly a misfortune if we heed the lesson that they convey. This lesson is the necessity of strict economy in public and private affairs. We have been living upon a false basis ; and the time has now come when we must return to a solid foundation." The legislature adjourned sine die on the 8th of March, after a session of fifty- eight days, passing three hundred and one acts — one hundred and thirteen less than at the session of 1876. The most important of these, as claimed by the dominant party which passed it, is one for the maintenance of the purity of the ballot box, known as the " Registry Law." On the 3d day of April, at the regular Spring election, William P. Lyon was re-elected, without opposition, an associate justice of the supreme court for six years from the first Monday in January, 1878, his term of office expiring on the first Monday of January, 1884. Under a law of 1876, to provide for the revision of the statutes of the State, the justices of the supreme court were authorized to appoint three revisors. The persons receiving the appoint- ment were David Taylor, William F. Vilas and J. P. C. Cottrill. By an amendatory law of 1877, for the purpose of ha,ving the revision completed for the session of 1878, the justices of the supreme court were authorized to appoint two additional revisors, and assign them special duties on the commission. H. S. Orton was appointed to revise the criminal law and proceedings, and J. H. Carpenter to revise the probate laws. Governor Ludington declined being a candidate for renomination. His administration was characterized as one of practical efficiency. As the chief executive officer of Wisconsin, he kept in view the best interests of the State. In matters coming under his control, a rigid system of economy prevailed. There were three tickets in the field presented to the electors of Wisconsin for their suffrages at the general election held on the sixth of November, 1877 : republican, democratic, and the "greenback" ticket. The republicans were successful, electing William E. Smith, governor; James M. Bingham, lieutenant governor; Hans B. Warner, secretary of state; Richard Guenther, treasurer ; Alexander Wilson, attorney general ; and William C. Whitford, state superintendent of public instruction. At the same election two amendments to the constitution of the State were voted upon and both adopted. The first one amends section four of article seven ; so that, hereafter, "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 amendment, provide by law for the election of two associa e justices of said court, to hold their offices respectively for terms ending two and four years, respectively after the WISCONSIN AS A STATE. 109 end of the term of the justice of the said court then last to expire. And thereafter the chief justices and associate justices of said court shall be elected and hold their offices respectively for the term of ten years." The second one amends section two of article eight ; so that, here- after, " 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." The year 1877, in Wisconsin, was notable for excellent crops. A depression in monetary matters continued, it is true, but not without a reasonable prospect of a change for the better within the near future. Sixteenth Administration. — William E. Smith, Governor — 1878 — 1879. At noon, on Monday, January 7, 1878, began the sixteenth administration of Wisconsin, by the inauguration of the State officers elect. On the 9th of the same month, commenced the thirty-first regular session of the Legislature. A. R. Barrows was elected Speaker of the Assembly. On the day following. Governor Smith delivered his message — a calm, business-like document — to the Legislature. Both Houses adjourned sine die on the 21st of March following. On the ist day of April, Harlow S. Orton and David Taylor were elected Associate Justices of the Supreme Court; the term of the first named to expire on the first Monday of January, 1888 ; that of the last men- tioned, on the first Monday of January, 1886. In obedience to a proclamation of the Governor, the Legislature convened on the 4th day of June, A. D. 1878, in extra session, to revise the statutes, A. R. Barrows was elected Speaker of the Assembly. The Legislature adjourned sine die on the 7th of the same month. In November following, the members chosen to the Forty-sixth Congress were C. G. Williams, in the First District ; L. B. Caswell, in the Second ; George C. Hazelton, in the Third ; P. V. Deuster, in the Fourth ; E. S. Bragg, in the Fifth ; Gabriel Bouck, in the Sixth ; H. L. Humphrey, in the Seventh; and T. C. Pound, in the Eighth. The thirty-second regular session of the Legislature commenced on the 8th day of January, 1879. D. M. Kelly was elected Speaker of the Assembly ; the next day, the message of the Governor — a brief, but able State paper — was delivered to both Houses. On the 21st, Matthew H. Carpenter was elected United States Senator for six years, from the 4th of March thereafter, in place of Timothy O. Howe. The Legislature adjourned sine die on the sth of March, 1879. On the 1st day of April following, Orsamus Cole was elected Associate Justice of the Supreme Court, for a term of ten years. Wisconsin has many attractive features. It is a healthy, fertile, well-watered and well-wooded State. Every where within its borders the .ights of each citizen are held sacred. Intelligence and education are prominent characteristics of its people. All the necessaries and many of the comforts and luxuries of life are easily to be obtained. Agriculture, the chief source of wealth to so many nations, is here conducted with profit and success. Generally speaking, the farmer owns the land he cultivates. Here, the laboring man, if honest and industrious, is most certain to secure a competence for himself and family. Few States have made more ample provisions for the unfortunate — the deaf and dumb, the blind, and the insane— than has Wisconsin. Nor has she been less interested in her reformatory and penal institutions. In her educational facilities, she already rivals the most advanced of her sister States. Her markets are easily reached by rail- ways and water-navigation, so that the products of the country find ready sale. Her commerce is extensive ; her manufactures remunerative ; her natural resources great and manifold. In morality and rehgion, her standard is high. Her laws are lenient, but not lax, securing the greatest good to those who are disposed to live up to their requirements. Wisconsin has, in fact, all the essential elements of prosperity and good government. ExalteJ and noble, there- fore, must be her future career. ' TOPOGRAPHY AND GEOLOGY. By T. C. CHAMBERLIN, A. M., State Geologist.^ The surface features of Wisconsin are simple and symmetrical in character, and present a con- figuration intermediate between the mountainous, on the one hand, and a monotonous level, on the other. The highest summits within the state rise a little more than 1,200 leet above its lowest sur- faces. A few exceptional peaks rise from 400 to 600 leet above their bases, but abrupt elevations of more than 200 or 300 feet are not common. Viewed as a whole, the state may be regarded as oc- cupying a swell of land lying between three notable depressions ; Lake Michigan on the east, about 578 feet above the mean tide of the ocean. Lake Superior on the north, about 600 feet above the sea, and the valley of the Mississippi river, whose elevation at the Illinois state line is slightly below that of Lake Michigan. From these depressions the surface slopes upward to the summit altitudes of the state. But the rate of ascent is unequal. - From Lake Michigan the surface rises by a long, gentle acclivity westward and northward. A similar slope ascends from the Mississippi valley to meet this, and their junction forms a north and south arch extending nearly the entire length of the state. From Lake Superior the surface ascdnds rapidly to the watershed, which it reaches within about thirty miles of the lake. If we include the contiguous portion of the upper peninsula of Michigan, the whole elevation may be looked upon as a very low, rude, three-sided pyramid, with rounded angles. The apex is near the Michigan line, between the headwaters of the Montreal and Brule rivers. The northern side is short and abrupt. The southeastward and southwestward sides are long, and decline gently. The base of this pyramid may be considered as, in round numbers, 600 feet above the sea, and its extreme apex 1,800 feet. Under the waters of Lake Michigan the surface of the land passes below the sea level before the limits of the state are reached. Under Lake Superior the land-surface descends to even greater depths, but probably not within the boundaries of the state. The regularity of the squthward slopes is interrupted in a very interesting way by a remarkable diagonal valley occupied by Green bay and the Fox and Wisconsin rivers. This is a great groove, traversing the state obliquely, and cutting down the central elevation half its height. A line passing across the surface, from Lake Michigan to the Mississippi, at any other point, would arch upward from about 400 to 1,000 feet, according to the location, while along the trough of this valley it would reach an elevation barely exceeding 200 feet. On the northwest side of this trough, in general, the surface rises somewhat gradually, giving at most points much amplitude to the valley, but on the opposite side, the slope ascends rapidly to a well marked watershed that stretches across the state parallel to the valley. At Lake Winnebago, this diagonal valley is connected with a scarcely less notable one, occupied by the Rock river. Geologically, this Green-bay-Rock- TOPOGEAPHY AND GEOLOGY. Ill river valley is even more noticeable, since it lies along the trend of the underlying strata, and was in large measure plowed out of a soft stratum by glacial action. Where it crosses the water- shed, near Horicon marsh, it presents the same general features that are seen at other points, and in an almost equally conspicuous degree. Except in the southern part of the state, this valley is confined on the east by an abrupt ascent, and, at many points, by a precipitous, rocky acclivity, known as "The Ledge " — which is the projecting edge of the strata of the Niagara limestone. On the watershed referred to — between the St. Lawrence and Mississippi basins — this ledge is as conspicuous and continuous as at other points, so that we have here again the phenomenon of a valley formed by excavation, running up over an elevation of 300 feet, and connecting two great systems of drainage. On the east side of this valley, as already indicated, there is a sharp ascent of 200 feet, on an average, from the crest of which the surface slopes gently down to Lake Michigan. The uniformity of this slope is broken by an extended line of drift hills, lying obliquely along it and extending from Kewaunee county southward to the Illinois line and known as the Kettle range. A less conspicuous range of similar character branches off from this in the northwest corner of Walworth county and passes across the Rock river valley, where it curves northward, passing west of Madison, crossing the great bend in the Wisconsin river, and bearing northeastward into Oconto county, where it swings round to the westward and crosses the northern part of the state. As a general topographical feature it is not conspicuous and is rather to be conceived as a peculiar chain of drift hills winding over the surface of the state, merely interrupting in some degree the regularity of its slopes There will be occasion to return to this feature in our discussion of the drift. It will be observed that the southeastward slope is interrupted by valleys running across it, rudely parallel to Lake Michigan, and directing its drainage northward and southward, instead of directing it down the slope into the lake. The Mississippi slope presents several conspicuous ridges and valleys, but their trend is toward the great river, and they are all due, essentially, to the erosion of the streams that channel the slope. One of these ridges constitutes the divide south of the Wisconsin river, already referred to. Another of these, conspicuous by reason of its narrowness and sharpness, lies between the Kickapoo and the Mississippi, and extends through Crawford, Vernon and Monroe counties. Still another is formed by the quartzite ranges of Sauk county and others of less prominence give a highly diversified character to the slope. Scattered over the surface of the state are prominent hills, some swelling upward into rounded domes, sonie rising symmetrically into conical peaks, some ascending precipitously into castel- lated towers, and some reaching prominence without regard to beauty of form or convenience of description. A part of these hills were formed by the removal by erosion of the surrounding strata, and a part by the heaping up of drift material by the glacial forces. In the former case, they are composed of rock; in the latter, of clay; sand, gravel and bowlders. The two forms are often combined. The highest peak in the southwestern part of the state is the West Blue mound, which is 1,151 feet above Lake Michigan; in the eastern part, Lapham's peak, 824 feet, and in the central part. Rib hill, 1263 feet. The crest of Penokee range in the northern part of the state rises 1,000 feet, and upwards, above Lake Michigan. The drainage systems correspond in general to these topograpical features, though several minor eccentricities are to be observed. The streams of the Lake Superior system plunge rapidly down their steep slopes, forming numerous falls, some of them possessing great beauty, prominent among which are those of the Montreal river. On the southern slope, the rivers, in the upper portion of their courses, likewise descend rapidly, though less so, producing a succession of rapids and cascades, and an occasional cataract. In the lower part of their courses, the 112 HISTOKY OF WISCONSIN. descent becomes much more gentle and many of them are navigable to a greater or less extent. The rivers west of the Wisconsin pursue an essentially direct course to the Mississippi, attended of course with minor flexures. The Wisconsin river lies, for the greater part of its course, upon the north and south arch of the state, but on encountering the diagonal valley above mentioned it turns southwestward to the "Father of Waters," The streams east of the Wisconsin flow southerly and southeasterly until they likewise encounter this valley when they turn in the opposite direction and discharge northeasterly into Lake Michigan, through Green bay. Between the Green-bay-Rock-river valley and Lake Michigan, the drainage is again in the normal southeasterly direction. In the southern part of the state, the rivers flow in a gen- eral southerly direction, but, beyond the state, turn westward toward the Mississippi. If the courses of the streams be studied in detail, many exceedingly interesting and instruc- tive features will be observed, due chiefly to peculiarities of geological structure, some of which will be apparent by inspecting the accompanying geological map. Our space, however, forbids our entering upon the subject here. The position of the watershed between the great basins of the Mississippi and the St. Law- rence is somewhat peculiar. On the Illinois line, it lies only three and one half miles from Lake Michigan and about i6o feet above its surface. As traced northward from this point, it retires from the lake and ascends in elevation till it approaches the vicinity of Lake Winnebago, when it recurves upon itself and descends to the portage between the Fox and the Wisconsin rivers, whence it pursues a northerly course to the heights of Michigan, when it turns westward and passes in an undulating course across the northern part of the state. It will be observed that much the greater area of the state is drained by the Mississippi system. The relationship which the drainage channels have been observed to sustain to the topo- graphical features is partly that of cause and partly that of effect. The general arching of the surface, giving rise to the main slopes, is due to deep-seated geological causes that produce an upward swelling of the center of the state. This determined the general drainage systems. On the other hand, the streams, acting upon strata of varying hardness, and presenting different atti- tudes, wore away the surface unequally and cut for themselves anomalous channels, leaving corresponding divides between, which gave origin to the minor irregularities that diversify the surface. In addition to this, the glacier — that great ice stream, the father of the drift — planed and plowed the surface and heaped up its debris upon it, modifying both the surface and drainage features Looked at from a causal standpoint, we see the results of internal forces elevating, and external agencies cutting down, or, in a word, the face of the state is the growth of geologic ages furrowed bv the teardrops of the skies. GEOLOGICAL HISTORY OF WISCONSIN. In harmony with the historical character of this atlas, it may be most acceptable to weave our brief sketch of the geological structure of the state into the form of a narrative of its growths THE ARCH^AN AGE. LAURKNTIAN PERIOD. The physical history of Wisconsin can be traced back with certainty to a state of complete submergence beneath the waters of the ancient ocean, by which the material of our oldest and deepest strata were deposited. Let an extensive but shallow sea, covering the whole of the present territory of the state, be pictured to the mind, and let it be imagined to be depositing TOPOGEAPHY AND GEOLOGY 118 mud and sand, as at the present day. and we have before us the first authentic stage of the history under consideration. Back of that, the history is lost in the mists of geologic antiquity. The thickness of the sediments that accumulated in that early period was immense, being measured by thousands of feet. These sediments occupied of course an essentially horizontal position, and were, doubtless, in a large degree hardened into beds of impure sandstone, shale, and other sedi- mentary rock. But in the progress of time an enormous pressure, attended by heat, was brought to bear upon them laterally, or edgewise, by which they were folded and crumpled, and forced up out of the water, giving rise to an island, the nucleus of Wisconsin. The force which pro- duced this upheaval is believed to have arisen from the cooling and consequent contraction of the globe. The foldings may be imaged as the wrinkles of a shrinking earth. But the contor- tion of the beds was a scarcely more wonderful result than the change in the character of the rock which seems to have taken place simultaneously with the folding, indeed, as the result of the heat and pressure attending it. The sediments, that seem to have previously taken the form of impure sandstone and shale for the most part, underwent a change, in which re-arrangement and crystalization of the ingredients played a conspicuous part. By this metamorphism, granite, gneiss, mica schist, syenite, hornblende rocks, chloritic schists and other crystalline rocks were formed. These constitute the Laurentian formation and belong to the most ancient period yet distinctly recognized in geology, although there were undoubtedly more ancient rocks. They are therefore very fittingly termed Archaean — ancient — rocks (formerly Azoic.) No remains of life have been found in this formation in Wisconsin, but from the nature of rocks elsewhere, believed to be of the same age, it is probable that the lowest forms of life existed at this time. It is not strange that the great changes through which the rocks have passed should have so nearly obliterated all traces of them. The original extent of this Laurentian island can not now be accurately ascer- tained, but it will be sufficiently near the truth for our present purposes to consider the formation as it is now exposed, and as it is represented on the maps of the geological survey, as showing approximately the original extent. This will make it include a large area in the north-central portion of the state and a portion of the Upper Peninsula of Michigan. All the rest of the state was beneath the ocean, and the same may be said of the greater portion of the United States The height of this island was doubtless considerable, as it has since been very much cut down by denuding agencies. The strata, as now exposed, mostly stand in highly inclined attitudes and present their worn edges to view. The tops of the folds, of which they are the remnants, seem to have been cut away, and we have the nearly vertical sides remaining. HURONIAN PERIOD. As soon as the Laurentian island had been elevated, the waves of the almost shoreless ocean began to beat against it, the elements to disintegrate it, and the rains of the then tropical climate to wash it ; and the sand, clay and other debris, thus formed, were deposited beneath the waters around its base, giving rise to a new sedimentary formation. There is no evidence that there was any vegetation on the island : the air and water were, doubtless, heavily charged with carbonic acid, an efficient agent of disintegration: the climate was warm and doubtless very moist — circumstances which combined to hasten the erosion of the island and increase the deposition in the surrounding sea. In addition to these agencies, we judge from the large amount of carbonaceous matter contained in some of the beds, that there must have been an abundance of marine vegetation, and, from the limestone beds that accumulated, it is probable that there was marine animal life also, since in later ages that was the chief source of limestone strata. The joint accumulations from these several sources gave rise to a series of shales, sandstones and limestones, whose combined thickness was several thousand feet. 114 ■ HISTOEY OF WISCONSIN. At length the process of upheaval and metamorphism that closed the Laurentian period was repeated, and these sandstones became quartzites; the limestones were crystalized, the shales were changed to slates or schists, and intermediate grades of sediments became diorites, quartz- porphyries and other forms of crystalline rocks. The carbonaceous matter was changed in part to graphite. There were also associated with these deposits extensive beds of iron Ore, which we now find chiefly in the form of magnetite, hematite and specular ore. These constitute the Huronian rocks. From the amount of iron ore they contain, they are also fittingly termed the iron-bearing series. As in the preceding case, the strata were contorted, flexed and folded, and the whole island was further elevated, carrying with it these circumjacent strata, by which its extent was much enlarged. The area of the island after receiving this increment was con- siderably greater than the surface represented as Laurentian and Huronian on the accompanying map, since it was subsequently covered to a considerable extent by later formations. Penokee range, in Ashland county, is the most conspicuous development of the Huronian rocks in the state. The upturned edge of the formation forms a bold rampart, extending across the country for sixty miles, making the nearest approach to a mountain range to be found within the state. A belt of magnetic schist may be traced nearly its entire length. In the northern part of Oconto county ,there is also an important development of this formation, being an extension of the Menomonee iron-bearing series. A third area is found in Barron county, which includes deposits of pipestone. In the south central part of the state there are a considerable number of small areas and isolated outliers of quartzite and quartz-porphyry, that, without much doubt, belong to this series. The most conspicuous of these are the Baraboo quartzite ranges, in Sauk and Columbia counties, and from thence a chain of detached outliers extends northeasterly through several counties. The most southerly exposure of the formation is near Lake Mills, in Jefferson county. THE COPPER-BEARING SERIES. Previous to the upheaval of the Huronian strata, there occurred in the Lake Superior region events of peculiar and striking interest. If we may not speak with absolute assurance, we may at least say with reasonable probability, that the crust of the earth was fissured in that region, and that there issued from beneath an immense mass of molten rock, that spread itself over an area of more than three hundred miles in length and one hundred miles in width. The action was not confined to a single overflow, but eruption followed eruption, sometimes apparently in quick succession, sometimes evidently at long intervals. ' Each outpouring, when solidified, formed a stratum of trap rock, and where these followed each other without any intervening deposit, a series of trappean beds were formed. In some cases, however, an interval occurred, during which the waves, acting upon the rock previously formed, produced a bed of sand, gravel and clay,. which afterward solidified into sandstone, conglomerate and shale. The history of these beds is lithographed on their surface in beautiful ripple-marks and other evidences of wave- action. After the cessation of the igneous eruptions, there accumulated a vast thickness of sandstone, shale and conglomerate, so that the whole series is literally miles in thickness. The eruptive portions have been spoken of as traps, for convenience; but they do not now possess the usual characteristics of igneous rocks, and appear to have undergone a chemical metamorphism by which the mineral ingredients have been changed, the leading ones now being an iron chlorite and a feldspar, with which are associated, as accessory minerals, quartz, epidote, prenite, calcite, laumontite, analcite, datolite, magnetite, native copper and silver, and, more rarely, other minerals. The rock, as a whole, is now known as a melaphyr. The upper portion of each bed is usually characterized by almond-sized cells filled with the minerals above men- tioned, giving to the rock an amygdaloidal nature. The native copper was not injected in a TOPOGRAPHY AND GEOLOGY. 115 molten state, as has very generally been supposed, but was deposited by chemical means after the beds were formed and after a portion of the chemical change of the minerals above mentioned had been accomplished. The same is true of the silver. The copper occurs in all the different forms of rock — the melaphyrs, amygdaloids, sandstones, shales and conglomerates, but most abundantly in the amygdaloids and certain conglomerates. This series extends across the northern portion of the state, occupying portions of Ashland, Bayfield, Douglas, Burnett and Polk counties. When the Huronian rocks were elevated, they carried these up with them, and they partook of the folding in some measure. The copper- bearing range of Keweenaw Point, Michigan, extends southwestward through Ashland, Burnett and Polk counties, and throughout this whole extent the beds dip north-northwesterly toward Lake Superior, at a high angle; but in Douglas and Bayfield counties there is a parallel range in which the beds incline in the opposite direction, and undoubtedly form the opposite side of a trough formed by a downward flexure of the strata. PALEOZOIC TIME — SILURIAN AGE. Potsdam Sandstone. After the great Archsean upheaval, there followed a long period, concerning wnich very little is known — a " lost interval " in geological history. It is only certain that immense erosion of the Archaean strata took place, and that in time the sea advanced upon the island, eroding its strata and redepositing the wash and wear beneath its surface. The more resisting beds with- stood this advance, and formed reefs and rocky islands off the ancient shore, about whose bases the sands and sediments accumulated, as they did over the bottom of the surrounding ocean. The breakers, dashing against the rocky cliffs, threw down masses of rock, which imbedded them- selves in the sands, or were rolled and rounded on the beach, and at length were buried, in either case, to tell their own history, when they should be again disclosed by the ceaseless gnaw- ings of the very elements that had buried them. In addition to the accumulations of wash and wear that have previously been the main agents of rock-formations, abundant life now swarms in the ocean, and the sands become the great cemetery of its dead. Though the contribution of each little being was small, the myriad millions that the waters brought forth, yielded by their remains, a large contribution to the accumulating sediments. Among plants, there were sea-weeds, and ■among animals, protozoans, radiates, mollusks and articulates, all the sub-kingdoms except the vertebrates. Among these, the most remlirkable, both in nature and number, were the trilobites, who have left their casts in countless multitudes in certain localities. The result of the action of these several agencies was the formation of extensive beds of sandstone, with interstratified layers of limestone and shale. These surrounded the Archaean nucleus on all sides, and reposed on its flanks. On the Lake Superior margin, the sea acted mainly upon the copper and iron- bearing series, which are highly ferruginous, and the result was the red Lake Superior sandstone. On the opposite side of the island, the wave-action was mainly upon quartzites, porphyries and granites, and resulted in light-cOlored sandstones. The former is confined to the immediate vicinity of Lake Superior; the latter occupies a broad, irregular belt bordering the Archaean area on the south, and, being widest in the central part of the state, is often likened to a rude crescent. The form and position of the area will be best apprehended by referring to the accompanying map. It will be understood from the foregoing description, that the strata of this formation lie in a nearly horizontal position, and repose unconformably upon the worn surface of the crystalline rocks. The close of this period was not marked by any great upheaval; there 116 HISTORY OF "WISCONSIN. was no crumpling or metamorphism of the strata, and they have remained to the present day very much as they were originally deposited, save a slight arching upward in the central portion of the state. The beds have been somewhat compacted by the pressure of superin- cumbent strata and solidified by the cementing action of calcareous and ferruginous waters, and by their own coherence, but the original character of the formation, as a great sand-bed, has not been obliterated. It still bears the ripple-marks, cross-lamination, worm-burrows, and similar markings that characterize a sandy beach. Its thickness is very irregular, owing to the uneven- ness of its Archaan bottom, and may be said to range from i,ooo feet downward. The strata slope gently away from the Archaean core of the state and underlie all the later formations, and may be reached at any point in southern Wisconsin by penetrating to a sufficient depth, which can be calculated with an approximate correctness. As it is a water-bearing formation, and the source of fine Artesian wells, this is a fact of much importance. The interbedded layers of lime- stone and shale, by supplying impervious strata, very much enhance its value as a source of fountains. Lower Magnesian Limestone. During the previous period, the accumulation of sandstone gave place for a time to the formation of limestone, and afterward the deposit of sandstone was resumed. At its close, with- out any very marked disturbance of existing conditions, the formation of limestone was resumed, and progressed with little interruption till a thickness ranging from 50 to 250 feet was attained. This variation is due mainly to irregularities of the upper surface of the formation, which is undulating, and in some localities, may appropriately be termed billowy, the surface rising and falling 100 feet, in some cases, within a short distance. This, and the preceding similar deposit, have been spoken of as limestones simply, but they are really dolomites, or magnesian limestones, since they contain a large proportion of carbonate of magnesia. This rock also contains a notable quantity of silica, which occurs disseminated through the mass of the rock; or, variously, as nodules or masses of chert ; as crystals of quartz, filling or lining drusy cavities, forming beautiful miniature grottos ; as the nucleus of oolitic concretions, or as sand. Some argillaceous matter also enters into its composition, and small quantities of the ores of iron, lead and copper, are sometimes found, but they give little promise of value. The evidences of life are very scanty. Some sea-weeds, a few moUusks, and an occasional indication of other forms of life embrace the known list, except at a few favored localities where a somewhat ampler fauna is found. But it is not, therefore, safe to assume the absence of life in the depositing seas, for it is certain that most limestone has orignated from the remains of animals and plants that secrete calcareous material, and it is most consistent to believe that such was the case in the present instance, and that the distinct traces of life were mostly obliterated. This formation occupies an irregular belt skirting the Potsdam area. It was, doubtless, originally a somewhat uniform band swinging around the nucleus of the state already formed, but it has since been eroded by streams to its present jagged- outline. St. Peter's Sandstone. At the close of this limestone-making period, there appears to have been an interval of which we have no record, and the next chapter pf the history introduces us to another era of sand accumulation. The work began by the leveling up of the inequalities of the surface of the Lower Magnesian limestone, and it ceased before that was entirely accomplished in all parts of the State, for a few prominences were left projecting through the sand deposits. The material laid down consisted of a silicious sand, of uniform, well-rounded — doubtless well-rolled — grains. This was evidently deposited horizontally upon the uneven limestone surface, and so rests in a sense TOPOGRAPHY AND GEOLOGY. 117 unconformably upon it. Where the sandstone abuts against the sides of the limestone promi- nences, it is mingled with material derived by wave action from them, which tells the story of its formation. But aside from these and other exceptional impurities, the formation is a very pure sandstone, and is used for glass manufacture. At most points, the sandstone has never become firmly cemented and readily crumbles, so that it is used for mortar, the simple handling with pick and shovel being sufficient to reduce it to a sand. Owing to the unevenness of its bottom, it varies greatly in thickness, the greatest yet observed being 212 feet, but the average is less than 100 feet. Until recently, no organic remains had ever been found in it, and the traces now col- lected are very meager indeed, but they are sufficient to show the existence of marine life, and demonstrate that it is an oceanic deposft. The rarity of fossils is to be attributed to the porous nature of the rock, which is unfavorable to their preservation. This porosity, however, subserves a very useful purpose, as it renders this pre-eminently a water-bearing horizon, and supplies some of the finest Artesian fountains in the state, and is competent to furnish many more. It occupies but a narrow area at the surface, fringing that of the Lower Magnesian limestone on the south. Trenton Limestone. A slight change in the oceanic conditions caused a return to limestone formation, accompa- nied with the deposit of considerable clayey material, which formed shale. The origin of the limestone is made evident by a close examination of it, which shows it to be full of fragments of shells, corals, and other organic remains, or the impressions they have left. Countless numbers of the" lower forms of life flourished in the seas, and left their remains to be comminuted and consolidated into limestone. A part of the time, the accumulation of clayey matter predominated, and so layers of shale alternate with the limestone beds, and shaly leaves and partings occur in the limestone layers. Unlike the calcareous strata above and below, a portion of these are true limestone, containing but a very small proportion of magnesia. A sufficient amount of carbon- aceous matter is present in some layers to cause them to burn readily. This formation is quite highly metalliferous in certain portions of the lead region, containing zinc especially, and con- siderable lead, with less quantities of other metals. The formation abounds in fossils, many of them well preserved, and, from their great antiquity, they possess uncommon intere.st. All the animal sub-kingdoms, except vertebrates, are represented. The surface area of this rock borders the St. Peter's sandstone, but, to avoid too great complexity on the map, it is not distinguished from the next formation to which it is closely allied. Its thickness reaches 120 feet. The Qalena Limestone. With scarcely a change of oceanic conditions, limestone deposit continued, so that we find reposing upon the surface of the Trenton limestone, 250 feet, or less, of a light gray or buff colored highly magnesian limestone, occurring in heavy beds, and having a sub-crystalline struc- ture. In flie southern portion of the state, it contains but little shaly matter, but in the north- eastern part, it is modified by the addition of argillaceous layers and leaves, and presents a bluish or greenish-gray aspect. It receives its name from the sulphide of lead, — galena, of which it contains large quantities, in the southwestern part of the state. Zinc ore is also abundant, and these minerals give to this and the underlying formation great importance in that region. Else- where, although these ores are present in small quantities, they have not developed economic importance. This limestone, though changing its nature, as above stated, occupies a large area in the southwestern part of the state, and a broad north and south belt in east-central Wisconsin. It will be seen that our island is growing apace by concentric additions, and that, as the several formations sweep around the central nucleus of Archaean rocks, they swing off into adjoining states, whose formation was somewhat more tardy than that of Wisconsin. 118 HISTORY OF WISCOTSTSIN. Cincinnati Shales. A change ensued upon the formation of the Galena limestone, by virtue of which there fol- lowed the deposition of large quantities of clay, accompanied by some calcareous material, the whole reaching at some points a thickness of more than 200 feet. The sediment has never become more than partially indurated, and a portion of it is now only a bed of compact clay. ' Other portions hardened to shale or limestone according to the material. The shales are of various gray, green, blue, purple and other hues, so that where vertical cliffs are exposed, as along Green bay, a beautiful appearance is presented. As a whole, this is a very soft formation, and hence easily eroded. Owing to this fact, alon'g the east_ side of the Green-bay-Rock-river val- ley, it has been extensively carried away, leaving the hard overlying Niagara limestone projecting in the bold cliffs known as " The Ledge." The prominence of the mounds in the southwestern part of the state are due to a like cause. Certain portions of this formation abound in astonish- ing number's of well preserved fossils, among which corals, bryozoans, and brachiopods, pre- dominate, the first named being especially abundant. A little intelligent attention to these might have saved a considerable waste of time and means in an idle search for coal, to which a slight resemblance to some of the shales of the coal measures has led. This formation underlies the mounds of the lead region, and forms a narrow belt on the eastern margin of the Green-bay-Rock- river valley. This was the closing period of the Lower Silurian Age. Clinton Iron Ore. On the surface of the »hales just described, there were accumulated, here and there, beds of pecu- liar lenticular iron ore. It is probable that it was deposited ia detached basins, but the evidence of this is not conclusive. In our own, state, this is chiefly known as Iron Ridge ore, from tue remarkable development it attains at that point. It is made up of little concretions, which from their size and color are fancied to resemble flax seed, and hence the name " seed ore," or the roe of fish, and hence oolitic ore. " Shot ore " is also a common term. This is a soft ore occur- ring in regular horizontal beds which are quarried with more ease than ordinary limestoae. This deposit attains, at Iron Ridge, the unusual thickness of twenty-five feet, and affords a readily accessible supply of ore, adequate to all demands for a long time to come. Similar, but much less extensive beds, occur at Hartford, and near Depere, besides some feeble deposits elsewhere. Large quantities of ore from Iron Ridge have been shipped to various points in this and neigh- boring States for reduction, in addition to that smelted in the vicinity of the mines. Niagara Limest®ne. Following the period of iron deposit, there ensued the greatest limestone-forming era in the history of Wisconsin. During its progress a series of beds, summing up, at their points of great- est thickness, scarcely less than eight hundred feet, were laid down. The process of formation was essentially that already described, the accumulation of t le calcareous secretions of marine life. Toward the close of the p.;riod, reefs appeared, that closely resemble the coral reefs of the present seas, and doubtless have a similar history. Corals form a very promint;nt element m the life of this period, and with them were associated great numbers of mollusks, one of which {Pentamerus oblongus) sometimes occurs in beds not unlike certain bivalves of to-day, and may be said to have been the oyster of the Silurian seas. At certain points, thosj wonderful animals, the stone lilies {Crinotds), grew in remarkable abundance, mounted on stems like a plant, yet true animals. Those unique crustaceans, the trilobites, were conspicuous in numbers and variety, while the gigantic cephalopods held sway over the life of the seas. In the vicinity of thj reefs. TOPOGRAPHY AND GEOLOGY. 119 there seem to have been extensive calcareous sand flats and areas over which fine calcareous mud settled, the former resulting in a pure granular dolomite, the latter in a compact close-textured stone. The rock of the reefs is of very irregular structure. Of other portions of the formation, some are coarse heavy beds, some fine, even-bedded, close-grained layers, and some, again, irregu- lar, impure and cherty. All are highly magnesian, and some are among the purest dolomites known. The Niagara limestone occupies a broad belt lying adjacent to Lake Michigan. Lower Helderberg Limestone. On Mud creek, near Milwaukee, there is found a thin-bedded slaty limestone, that is believed to represent this period. It has neglected, however, to leave us an unequivocal record of its history, as fossils are extremely rare, and its stratigraphical relations and lithographical character are capable of more than one interpretation. Near the village of Waubeka in Ozaukee county, there is a similar formation, somewhat more fossiliferous, that seems to repre- sent the same period. The area which these occupy is very sm'all and they play a most insignifi- cant part in the geology of the state. They close the record of the Silurian age in Wisconsin^ During its progress the land had been gradually emerging from the ocean and increasing its; amplitude by concentric belts of limestone, sandstone and shale. There had been no general- disturbance, only those slight osdllations which changed the nature of the forming rock and facilitated deposition. At its close the waters retired from the borders of the state, and an interval supervened, during which no additions are known to have been made to its substructure^ DEVONIAN AGE. Hamilton Cement Rock. After a lapse of time, during which the uppermost Silurian and the lowest Devonian strata, as found elsewhere, were formed, the waters again advanced slightly upon the eastern margin of the state and deposited a magnesian limestone mingled with silicious and almuninous material, forming a combination of. which a portion has recently been shown to possess hydraulic properties of a high degree of excellence. With this deposition there dawned a new era in the life-history of Wisconsin. While multitudes of protozoans, radiates, moUusks and articulates swarmed in the previous seasi no trace of a vertebrate has been found. The Hamilton period witnessed the introduction of the highest type of the animal kingdom into the Wisconsin series. But even ihen only the lowest class was represented — the fishes. The lower orders of life, as before, were present, but the species were of the less ancient Devonian type. Precisely how far the deposit originally extended is not now known, as it has undoubtedly been much reduced by the eroding agencies that have acted upon it. That portion which remains, occupies a limited area on the lake shore immediately north of Milwaukee, extending inland half a dozen miles. The cement rock proper is found on the Milwaukee river just above the city. At the close of the Hamilton period the oceanic waters retired, and, if they ever subsequently encroached upon •pur territory, they have left us no permanent record of their intrusion. The history of the formation of the substructure of the state was, it will be observed, in an unusual degree, simple and progressive. Starting with a firm core of most ancient crystalline rocks, leaf upon leaf of stony strata were piled around it, adding belt after belt to the margin of the growing island until it extended itself far beyond the limits of our state, and coalesced with the forming continent. An ideal map of the state would show the Archsean nucleus surrounded by concentric bands of the later formations in the order of their deposition. But during all the 120 HISTOEY OF WISCONSIlSr, vast lapse of time consumed in their growth, the elements were gnawing, carving and channeling the surface, and the outcropping edges of the formations were becoming more and more jagged, and now, after the last stratum had been added, and the whole had been lifted from the waters that gave it birth, there ensued perhaps a still vaster era, during which the history was simply that of surface erosion. The face of the state became creased with the wrinkles of age. The edges of her rocky wrappings became ragged with the wear of time. The remaining Devonian periods, the great Carboniferous age, the Mesozoic era, and the earlier Tertiary periods passed, leaving no other record than that of denudation. THE GLACIAL PERIOD. With the approach of the great Ice Age, a new chapter was opened. An immense sheet of ice moved slowly, but irresistibly, down from the north, planing down the prominences, filling up the valleys, polishing and grooving the strata, and heaping up its rubbish of sand, gravel, clay and bowlders over the face of the country. It engraved the lines of its progress on the rocks, and, by reading these, we learn that one prodigious tongue of ice plowed along the bed of Lake Michi- gan, and a smaller one pushed through the valley of Green bay and Rock river, while another immense ice-stream flowed southwestward through the trough of Lake Superior and onward into Minnesota. The diversion of the glacier through these great channels seems to have left the southwestern portion of the state intact, and over it we find no drift accumulations. With the approach of a warmer climate, the ice-streams were melted backward, leaving their debris heaped promiscuously over the surface, giving it a new configuration. In the midst of this retreat, a series of halts and advances seem to have taken place in close succession, by which the drift was pushed up into ridges and hills along the foot of the ice, after which a more rapid retreat ensued. The effect of this action was to produce that remarkable chain of drift hills and ridges, known as the Kettle range, which we have already described as winding over the surface of the state in a very peculiar manner. It is a great historic rampart, recording the position of the edge of the glacier at a certain stage of its retreat, and doubtless at the same time noting a great climatic or dynamic change. The melting of the glacier gave rise to large quantities of water, and hence to numerous torrents, as well as lakes. There occurred about this time a depression of the land to the north- ward, which was perhaps the cause, in part or in whole, of the retreat of the ice. This gave origin to the great lakes. The waters advanced somewhat upon the land and deposited the red clay that borders Lakes Michigan and Superior and occupies the Green bay valley as far up as the vicinity of Fond du Lac. After several oscillations, the lakes settled down into their present positions. Wherever the glacier plowed over the land, it left an irregular sheet of commingled clay, sand, gravel and bowlders spread unevenly over the surface. The depressions formed by its irregularities soon filled with water and gave origin to numerous lakelets. Probably not one of the thousands of Wisconsin lakes had an existence before the glacial period. Wherever the great lakes. advanced upon the land, they leveled its surface and left their record in lacustine clays and sandy beach lines. With the retreat of the glacier, vegetation covered the surface, and by its aid and the action of the elements our fertile drift soils, among the last and best of Wisconsin's formations, were produced. And the work still goes on. CLIMATOLOGY OF WISCONSIN. By Prof. H. H. OLDENHAGE. The climate of a country, or that peculiar state of the atmosphere in regard to heat and moisture which prevails in any given place, and which directly affects the growth of plants and animals, is determined by the following causes : ist. Distance from the equator. 2d. Distance from the sea. 3d. Height above the sea. 4th. Prevailing winds; and 5th. Local influences, such as soil, vegetation, and proximity to lakes and mountains. Of these causes, the first, distance from the equator, is by far the most important. The warrnest climates are necessarily those of tropical regions where the sun's rays are vertical. But in proceeding from the equator toward the poles, less and less heat continues to be received by the same extent of surface, because the rays fall more and more obliquely, and the same amount of heat-rays therefore spread over an increasing breadth of surface ; while, however, with the increase of obliquity, more and more heat is absorbed by the atmosphere, as the amount of air to be penetrated is greater. If the earth's surface were either wholly land or water, and its atmosphere motionless, the gradations of climate would run parallel with the latitudes from the equator to the poles. But owing to the irregular distribution of land and water, and the prevail- ing winds, such an arrangement is impossible, and the determination of the real climate of a given . region, and its causes, is one of the most difficult problems of science. On the second of these causes, distance from the sea, depends the difference between oce- anic and continental climates. Water is more slowly heated and cooled than land ; the climates of the sea and the adjacent land are therefore much more equable and moist than those of the interior. A decrease of temperature is noticeable in ascending high mountains. The rate at which the temperature falls with the height above the sea is a very variable quantity, and is influenced by a variety of causes, such as latitude, situation, moisture, or dryness, hour of the day and season of the year. As a rough approximation, however, the fall of i ° of the thermometer for every 300 feet is usually adopted. Air in contact with any part of the earth's surface, tends to acquire the temperature of that surface. Hence, winds from the north are cold ; those from the south are warm. Winds from the sea are moist, and winds from the land are usually dry. Prevailing winds are the result of the relative distribution of atmospheric pressure blowing from places where the pressure is high- est, toward places where it is lowest. As climate practically depends on the temperature and moisture of the air, and as these again depend on the prevailing winds which come charged with the temperature and moisture of the regions they have traversed, it is evident that charts show- ing the mean pressure of the atmosphere give us the key to the climates of the different regions of 'the world. The effect of prevailing winds is seen in the moist and equable climate of West- ern Europe, especially Great Britain, owing to the warm and moist southwest winds ; and in the extremes of the eastern part of North America, due to the warm and moist winds prevailing in summer and the Arctic blasts of winter. 122 HISTORY OF WISCONSIN. Among local influences which modify climate, the nature of the soil is one of the most important. As water absorbs much heat, wet, marshy ground usually lowers the mean tempera- ture. A sandy waste presents the greatest extremes. The extremes of temperature are also modi- fied by extensive forests, which prevent the soil from being as much warmed and cooled as it would be if bare. Evaporation goes on more slowly under the trees, since the soil is screened from the sun. And as the air among the trees is little agitated by. the wind, the vapor is left to accumulate, and hence the humidity of the air is increased. Climate is modified in a similar man- ner by lakes and other large surfaces of water. During summer the water cools the air and reduces the temperature of the locality. In winter, on the other hand, the opposite effect is pro- ' duced. The surface water which is cooled sinks to lower levels; the warmer water rising to the surface, radiates heat into the air and thus raises the temperature of ihe neighboring region. This influence is well illustrated, on a great scale, in our own state by Lake Michigan. It is, lastly, of importance whether a given tract of country is diversified by hills, valleys and mountains. Winds with their warm vapor strike the sides of mountains and are forced up into higher levels of the atmosphere, where the vapor is condensed into clouds. Air coming in con- tact, during the night or in winter, with the cooled declivities of hills and rising grounds becomes cooled and consequently denser and sinks to the low-lying grounds, displacing the warmer and lighter air. Hence, frosts often occur at these places, when no trace of them can be found at higher levels. For the same reason the cold of winter is generally more intense in ravines and valleys than on hill tops and high grounds, the valleys being a receptacle for the cold-air currents which descend from all sides. . These currents give rise to gusts and blasts of cold wind, which are simply the out-rush of cold air from such basins. This is a subject of great practical impor- tance to fruit-growers. In order to understand the principal features of the climate of Wisconsin, and the conditions on which these depend, it is necessary to consider the general climatology of the eastern United States. The chief characteristic of this area as a whole is, that 't is subject to great extremes — to all those, variations of temperature which prevail from the tropical to the Arctic regions. This is principally due to the topographical conditions of our continent. The Rocky mountains con- densing the moisture of the warm winds from the Pacific and preventing them from reaching far inland, separate the climate of the Mississippi valley widely from that of the Pacific slope. Between the Gulf of Mexico and the Arctic sea there is no elevation to exceed 2,000 feet to arrest the flow of the hot southerly winds of summer, or the cold northerly winds of winter. From this results a variation of temperature hardly equaled in any part of the world. In determining the climates of the United States, western Europe is usually taken as the basis of comparison. The contrast between these regions is indeed very great. New York is in the same latitude with Madrid, Naples and Constantinople. Quebec is not so far north as Paris. London and Labrador are equi-distant from the equator ; but while England, with her mild, moist climate, produces an abundance of vegetation, in Labrador all cultivation ceases. In the latitude of Stockholm and St. Petersburg, at the 60th parallel, we find in eastern North America vast ice- fields which seldom melt. The moist and equable climate of western Europe in high latitudes is due to the Gulf Stream and the southwest winds of the Atlantic, which spread their warmth and moisture over the western coast. Comparison, however, shows that the climate of the Pacific coast of North America is quite as mild as that of western Europe ; and this is due to the same kind of influences, namely, to the warm, moist winds and the currents of the Pacific. And to con- tinue the comparison still further, in proceeding on both continents from west to east, or from ocean into the interior, we find a general resemblance of climatic conditions, modified greatly, it is true, by local influences. CLIMATOLOGY OF WISCONSIK. 123 The extreme summer climate of the eastern United States is owing to the southerly and southwesterly wmds, which blow with great regularity during this season, and, after traversing great areas of tropica,l seas, bear the warmth and moisture of these seas far inland, and give this region the peculiar semi-tropical character of its summers. The average temperature of summer varies between 80" for the Gulf states, and 60° for the extreme north. While in the Gulf states the thermometer often rises to 100°, in the latitude of Wisconsin this occurs very seldom. During winter the prevailing winds are from the northwest. These cold blasts from the Arctic sea are deflected by the Rocky mountains, sweep down unopposed Into lower latitudes, and produce all the rigors of an arctic winter. The mean temperature for this season varies between 60° for the Gu4f coast and 15° for the extreme northern part of Wisconsin. In the northern part of the valley the cold is sometimes so intense that the thermometer sinks to the freezing point of mercury. The extreme of heat and cold would give a continental climate if this extreme were not accom- panied by a profusion of rain. The southerly winds, laden with moisture, distribute this moist- ure with great regularity over the valley. The amount of rainfall, greater in summer than in winter, varies, from the Gulf of Mexico to Wisconsin, from 63 inches to 30 inches. On the At- lantic coast, where the distribution is more equal throughout the year on account of its proximity to the ocean, the amount varies, from Florida to Maine, from 63 to 40 inches. The atmospheric movements on which, to a great extent, the climatic conditions of the eastern United States depend, may be summed up as follows : " I. That the northeast trades, deflected in their course to south and southeast winds in their passage through the Carribean Sea and the Gulf of Mexico, are the warm and moist winds which communicate to the Mississippi valley and the Atlantic slope their fertility. " 2. That the prevalence of these winds from May to October communicates to this region a sub-tropical climate. "3. That in the region bordering on the Gulf of Mexico, the atmospheric disturbances are propagated from south to north ; but in the northern and middle states, owing to a prevailing upper current, from west to east. " 4. That while this upper current is cool and dry, and we have the apparent anomaly of rain storms traveling from west to east, at the same time the moisture supplying them comes from the south. "5. That, in the winter, the south and southeast winds rise into the upper current, while the west and northwest winds descend and blow as surface winds, accompanied by an extraor- dinary depression of temperature, creating, as it were, an almost arctic climate. " 6. That the propagation of the cold winds from west to east is due to the existence of a warmer and lighter air to the eastward. "7. That in summer the westerly currents seldom blow with violence, because, in passing over the heated plains, they acquire nearly the same temperature as the southerly currents, but in winter the conditions are reversed." The line of conflict of these aerial currents, produced by unequal atmospheric pressure, shift so rapidly that the greatest changes of temperature, moisture, and wind, are experienced within a few hours, these changes usually affecting areas of great extent. In the old world, on the other hand, the mountain sys.tems, generally running from east to west, offer an impediment, especially to the polar currents, and the weather is therefore not so changeable. Wisconsin, situated in the upper and central part of the Mississippi valley, is subject to the same general climatic conditions which give this whole area its peculiar climate. The highest mean summer temperature is 72" Fahrenheit in the southwestern part of the 124 HisTOBY o:p WISCONSIlSr. state, and the lowest 64° at Bayfield, Lake Superior. During the months of June, July and August, the thermometer often rises as hig)i as 90°, seldom to 100". In 1874 the mercury reached this high point twice at LaCrosse, and three times at Dubuque, Iowa. There are usually two or three of these "heated terms " during the summer, terminated by abrupt changes of temperature. The isotherm of 70° (an isotherm being a line connecting places having the same mean tem- perature) enters this state from the west, in the northern part of Grant county, touches Madison, takes a southerly direction through Walworth county, passes through southern Michigan, Cleveland, and Pittsburg, reaching the Atlantic ocean a little north of New York city. From this it is seen that southern Wisconsin, southern and central Michigan, northern Ohio, central Pennsylvania, and southern New York have nearly the same summer temperature. Northwestward this line runs through southern Minnesota and along the Missouri to the foot of the mountains. Eastern Ore- gon, at 47° 30' north latitude, has the same average summer temperature ; the line then returns and touches the Pacific coast at San Diego. The remarkable manner in which so large a body of water as Lake Michigan modifies the temperature has been carefully determined, so far as it relates to Wisconsin, by the late Dr. Lap- ham, of Milwaukee. It is seen by the map that the average summer temperature of Racine is the same as that of St. Paul. The weather map for July, 1875, in the signal service report for 1876, shows that the mean temperature for July was the same in Rock county, in the southern part of the state, as that of Breckenridge, Minn., north of St. Paul. The moderating effect of the lake during hot weather is felt in the adjacent region during both day and night. Countries in the higher latitudes having an extreme summer temperature are usually charac- terized by a small amount of rain-fall. The Mississippi valley, however, is directly exposed in spring and surrimer to the warm and moist winds from the south, and as these winds condense their moisture by coming in contact with colder upper currents from the north and west, it has a profusion of rain which deprives the dim ite largely of its continental features. As already stated, the average amount of rain-fall in Wisconsin is about 30 inches annually. Of this amount about one-eighth is precipitated in winter, three-eighths in summer, and the rest is equally dis- tributed between spring and autumn — in other words, rain is abundant at the time of the year when it is most needed. In Wisconsin the rainfall is greatest in the southwestern part of the state; the least on and along fhe shore of Lake Michigan. This shows that the humidity of the air of a given area can be greater, and the rainfall less, than that of some other. In comparison with western Europe, even where the mean temperature is higher than in the Mississippi valley, the most striking fact in the climatic conditions of the United States is the ^reat range of plants of tropical or sub-tropical origin, such as Indian corn, tobacco, etc. The conditions on which the character of the vegetation depends are temperature and moisture, and the mechanical and chemical composition of the soil. " The basis of this great capacity (the great range of plants) is the high curve of heat and moisture for the summer, and the fact that the measure of heat and of rain are almost or quite tropical for a period in duration' from one to five months, in the range from Quebec to the coast of the Gulf." Indian corn attains its full perfection between the summer isotherms 72'' and 77°, in Illinois, Iowa, Missouri, and Kansas ; but it may be grown up to the line of 65", which includes the whole of Wisconsin. The successful cultivation of this important staple is due to the mtense heat of summer and a virgin soil rich in nitrogen. While Milwaukee and central Wisconsin have a mean annual temperature of 45°, that of southern Ireland and central England is 50° ; the line of 72", the average temperature for July, runs from Walworth county to St. Paul, while during the same month Ireland and England have a mean temperature of only eo"". In Wisconsin the thermometer rises as high as go** and above, CLIMATOLOGY OF WISCONSIN- , 125 while the range above' the mean in England is very small. It is the tropical element of our sum- mers, then, that causes the grape, the corn, etc., to ripen, while England, with a higher mean temperature, is unable to mature them successfully. Ireland, where southern plants may remain out-doors, unfrosted, the whole winter, can not mature those fruits and grasses which ripen in Wisconsin. In England a depression of 2° below the mean of 60° will greatly reduce the quan- tity, or prevent the ripening of wheat altogether, 60" being essential to a good crop. Wheat, re- quiring a lower temperature than corn, is better adapted to the climate of Wisconsin. This grain may be grown as far north as Hudson bay. Autumn, including September, October and November, is of short duration in Wisconsin. North of the 42d parallel, or the southern boundary line of the state, November belongs properly to the winter months, its mean temperature being about 32". The decrease of heat from August to September is generally from 8° to 9°; n° from September to October, and 14° from October to November. The average temperature for these three months is about 45°. A beautiful season, commonly known as Indian summer, frequently occurs in the latter part of October and in No- vember. This period is characterized by a mild temperature and a hazy, calm atmosphere. According to Loomis, this appears to be due to " an uncommonly tranquil condition of the atmos- phere, during which the air becomes filled with dust and smoke arising from numerous fires, by which its transparency is greatly impaired." This phenomenon extends as far north as Lake Superior, but it is more conspicuous and protracted in Kansas and Missouri, and is not observed in the southern states. Destructive frosts generally occur in September, and sometimes in August. " A. temperature of 36° to 40° at sunrise is usually attended with frosts destructive to vegetation, the position of the thermometer being usually such as to represent less than the actual refrigeration at the open surface." In 1875, during October, at Milwaukee, the mercury fell seven times below the freez- ing point, and twice below zero in November, the lowest being 14°. The winters are generally long and severe, but occasionally mild and almost without snow. The mean winter temperature varies between 23" in the southeastern part of the state, and 16° at Ashland, m the northern. For thig season the extremes are great. The line of 20° is of im- portance, as it marks the average temperature which is fatal to the growth of all the tender trees, such as the pear and the peach. In the winter of 1875 and 1876, the mean temperature for De- cember, January and February, in the upper lake region, was about 4° above the average mean for many years, while during the previous winter the average temperature for January and Feb- ruary was about 12° below the mean for many years, showing a great difference between cold and mild winters. In the same winter, i875-'76, at Milwaukee, the theirmometer fell only six times below zero, the lowest being 12°, while during the preceding winter the mercury sank thirty-six times below zero, the lowest being 23". In the northern and northwestern part of the state the temperature sometimes falls to the freezing point of mercury. During the exceptionally cold Winter of 1872-3, at La Crosse, the thermometer sank nearly fifty times below zero; on Decem- ber 24, it indicated 37" below, and on January 18, 43" below zero, averaging about 12° below the usual mean for those months. The moderating effect of Lake Michigan can be seen by observing how the lines indicating the mean winter temperature curve northward as they approach the lake. Milwaukee, Sheboygan, Manitowoc, Two Rivers, and the Grand Traverse region of Michigan, have the same average wintei temperature. The same is true regarding Galena, 111., Beloit, and Kewaunee. A similar influence is noticed in all parts of the state. Dr. Lapham concludes that this is not wholly due to the presence of Lake Michigan, but that the mountain range which extends from a little west of Lake Superior to the coast of Labrador (from 1,100 to 2,240 feet high) protects the lake region in no inconsiderable degree from the excessive cold of winter. 126 , HISTORY OF WISCONSIN. According to the same authority, the time at which the Milwaukee river was closed wi h ice, for a period of nine years, varied between November 15 and December i ; the time at which it became free from ice, between March 3 and April 13. In the lake district, snow and rain are interspersed through all the winter months, rain being sometimes as profuse as at any. other sea- son. In the northwestern part the winter is more rigid and dry. Northern New York and the New England states usually have snow lying on the ground the whole winter, but in the southern lake district it rarely remains so long. In i842-'43, however, sleighing commenced about the middle of November, and lasted till about the same time in April — five months. The average temperature for the three months of spring, March, April and May, from Wal- worth county to St. Paul, is about 45°. In central Wisconsin the mean for March is about 27",. which is an increase of nearly 7 "^ from February. The lowest temperature of this month in 1876 was 40° above zero. April shows an average increase of about 9° over March. In 1876 the line of 45° for this month passed from LaCrosse to Evanston, 111., touching Lake Erie at Toledo, showing that the interior west of Lake Michigan is warmer than the lake region. The change from winter to spring is more sudden in the interior than in the vicinity of the lakes. " In the town of Lisbon, fifteen miles from Lake Michigan," says Dr. Lapham, " early spring flowers show themselves about ten days earlier than on the lake. In spring vegetation, in places . remote from the lakes, shoots up in a very short time, and flowers show their petals, while on the lake shore the cool air retards them and brings them more gradually into existence." The in- crease from April to May is about 15°. In May, 1876, Pembina and Milwaukee had nearly the same mean temperature, about 55°. The extremes of our climate and the sudden changes of temperature no doubt have a marked influence, both physically and mentally, on the American people. And though a more equable climate may be more conducive to perfect health, the great range of our climate from, arctic to tropical, and the consequent variety and abundance of vegetable products, combine ta make the Mississippi valley perhaps one of the most favorable areas in the world for the develop- ' •nent of a strong and wealthy nation. During the months of summer, in the interior of the eastern United States, at least three- fourths of the rain-fall is in showers usually accompanied by electrical discharges and limited ta small areas. But in autumn, winter, and spring nearly the whole precipitation takes place in general storms extending over areas of 300, 500 and sometimes over 1,000 miles in diameter, and generally lasting two or three days. An area of low atmospheric pressure causes the wind to blow toward that area from all sides, and when the depression is sudden and great, it is accompanied by much rain or snow. On account of the earth's rotation, the wind blowing toward this region of low pressure is deflected to the right, causing the air to circulate around the center with a motion spirally inward. In our latitude the storm commences with east winds. When the storm, center, or area of lowest barometer, is to the south of us, the wind gradually veers, as the storm passes from west to east with the upper current, round to the northwest by the north point. On the south side of the storm center, the wind veers from southeast to southwest, by the south point. The phenomena attending such a storm when we are in or near the part of its center are usually as follows : After the sky has become overcast with clouds, the wind from the northeast generally begins to rise and blows in the opposing direction to the march of the storm. The clouds which are now moving over us, discharge rain or snow according to circumstances. The barometer continues to fall, and the rain or snow is brought obliquely down from the northern quarter by the prevailing wind. After a while the wind changes slightly in direction and then ceases. The thermometer rises and the barometer has reached its lowest point. This is the center of the storm. After the calm the wind has changed its direction to northwest or west. The CLIMATOLOGY OV WISCONSIN. 127 ■wind blows again, usually more violently than before, accompanied by rain or snow, which is now generally of short duration. The sky clears, and the storm is suddenly succeeded by a tempera- ture lo or 20 degrees below the mean. Most of the rain and snow falls with the east winds, or before the center passes a ^iven point. The path of these storms is from west to east, or nearly •so, and only seldom in other directions. These autumn, winter, and spring rains are generally first noticed on the western plains, but may originate at any point along their path, and move eastward with an average velocity of about 20 miles an hour in summer and 30 miles in winter, but sometimes attaining a velocity of over 50 miles, doing great damage on the lakes. In pre- dicting these storms, the signal service of the army is of incalculable practical benefit, as well as in collecting data for scientific conclusions. A subject of the greatest importance to every inhabitant of Wisconsin is the influence of forests on climate and the effects of disrobing a county of its trees. The general influence of forests in modifying the extremes of temperature, retarding evaporation and the increased humidity of the air, has already been mentioned. That clearing the land of trees increases the temperature of the ground in summer, is so readily noticed that it is scarcely necessary to men- tion it ; while in winter the sensible cold is never so extreme in woods as on an open surface ■exposed to the full force of the winds. " The lumbermen in Canada and the northern United States labor in the woods without inconvenience; when the mercury stands many degrees below zero, while in the open grounds, with only a moderate breeze, the same temperature is almost insupportable." " In the state of Michigan it has been found that the winters have greatly increased in severity within the last forty years, and that this increased severity seems to move along even-paced with the destruction of the forests. Thirty years ago the peach was one of the most abundant fruits of that State; at that time frost, injurious to corn at anytime from May to October, was a thing unknown. Now the peach is an uncertain crop, and frost often injures the corn." The precise influence of forests on temperature may not at present admit of definite solu- tion, yet the mechanical screen which they furnish to the soil often far to the leeward of them, is sufficiently established, and this alone is enough to encourage extensive planting wherever this protection is wanting. With regard to the quantity of rain-fall, " we can not positively affirm that the total annual quantity of rain is even locally diminished or increased by the destruction of the woods, though both theoretical considerations and the balance of testimony strongly favor the opinion that more rain falls in wooded than in open countries. One important conclusion, at least, upon the meteorological influence of forests is certain and undisputed: the proposition, namely, that, within their own limits, and near their own borders, they maintain a more uniform degree of humidity in the atmosphere than is observed in cleared grounds. Scarcely less can it be questioned that they tend to promote the frequency of showers, and, if they do not augment the amount of precipitation, they probably equalize its distribution through the different seasons." There is abundant and undoubted evidence that the amount of water existing on the surface in lakes and rivers, in many parts of the world, is constantly diminishing. In Germany, observa- tions of the Rhine, Oder, Danube, and the Elbe, in the latter case going back for a period of 142 years, demonstrate beyond doubt, that each of these rivers has much decreased in volume, and there is reason to fear that they will eventually disappear from the list of navigable rivers. " The ' Blue-Grass ' region of Kentucky, once the pride of the West, has now districts of such barren and arid nature that their stock farmers are moving toward the -Cumberland mount- ains, because the creeks and old springs dried up, and their wells became too low to furnish water for their cattle." In our own state ''such has been the change in the flow of the Milwau- 128 HISTORY OF WISCONSIN. kee river, even \wfeile the area from which it receives its supply is but partially cleared, that the proprietor?, of most of the mills and factories have found it necessary to resort to the use of steam, at a largely increased yearly cost, to supply the deficiency of water-power in dry seasons of the year." " What has happened to the Milwaukee river, has happened to all the other water courses in the state from whose banks the forest has been removed; and many farmers who selected land uqon which there was a living brook of clear^ pure water, now find these brooks dried up during a considerable portion of the year." Districts stripped of their forest are said to be more exposed than before to loss of harvests, to droughts and frost. " Hurricanes, before unknown, sweep unopposed over the regions thus denuded, carrying terror and devastation in their track." Earts of Asia Minor, North Africa, and other countries bordering on the Mediterranean, now almost deserts, were once densely populated and the granaries of the world. And there is good reason to believe " that it is the destruction of the forests which has produced this devastation." From such facts Wisconsin, already largely robbed of its forests, should take warning before it is too late. TREES, SHRUBS AND VINES. By p. R. hoy, M.D. It is not the purpose of this article to give a botanical description, but merely brief notes on the economical value of the woods, and the fitness of the various indigenous trees, shrubs and vines for the purpose of ornament, to be found in Wisconsin. White Oak — Quercus Alba. — This noble tree is the largest and mpst important of the American oaks. The excellent properties of the wood render it eminently valuable for a great variety of uses. Wherever strength and durability are required, the white oak stands in the first rank. It is employed in making wagons, coaches and sleds ; staves and hoops of the best quality for barrels and casks are obtained from this tree ; it is extensively used in architecture, ship- building, etc.; vast quantities are used for fencmg ; the bark is employed in tanning. The domes- tic consumption of this tree is so great that it is of the first importance to preserve the young trees wherever it is practicable, and to make young plantations where the tree is not found. The white oak is a graceful, ornamental tree, and worthy of particular attention as such ; found abun- dantly in most of the timbered districts. ^ Burr Oak — Q. Macrocarpa. — This is perhaps the most ornamental of our oaks. Nothing can exceed the graceful beauty of these trees, when not crowded or cramped in their growth, but left free to follow the laws of their development. Who has not admired these trees in our exten- sive burr oak openings.? The large leaves are a dark green above and a bright silvery white- beneath, which gives the tree a singularly fine appearance when agitated by the wind. The wood is tough, close-grained, and more durable than the white oak, especially when exposed to frequent changes of moisture and drying; did the tree grow to the same size, it would be preferred for most uses. Abundant, and richly worthy of cultivation, both for utility and ornament. Swamp White Oak — Q, Bicolor. — Is a valuable and ornamental tree, not quite so large or as common as the burr oak. The wood is close-grained, durable, splits freely, and is well worthy of cultivation in wet, swampy grounds, where it will thrive. Post Oak — Q. Obtusiloba. — Is a scraggy, small tree, found sparingly in this state. The tim- ber is durable, and makes good fuel. Not worthy of cultivation. TEEES, SHBUBS AND VINES. 129 Swamp Chestnut Oak — Q. Prinus. — This species of chestnut oak is a large, graceful tree, wood rather open-grained, yet valuable for most purposes to which the oaks are applied ; makes the best fuelof any of this family. A rare tree, found at Janesville and Brown's lake, near Bur- lington. Worthy of cultivation. Red Oak — Q. Rubra. — The red oak is a well-known, common, large tree. The wood is coarse-grained, and the least durable of the oaks, nearly worthless for fuel, and scarcely worthy of cultivation, even for ornament. Pin Oak — Q. Palustris. — This is one of the most common trees in many sections of the state. The wood is of little value except for fuel. The tree is quite ornamental, and should be sparingly cultivated for this purpose. Shingle Oak — Q. Imbricaria. — Is a tree of medium size, found sparingly as far north as Wisconsin. It is ornamental, and the wood is used for shingles and staves. Scarlet Oak — Q. Coccinea. — This is an ornamental tree, especially in autumn, when its leaves turrf scarlet, hence the name. Wood of little value ; common. Sugar Maple — Acer Saccharium. — This well-known and noble tree is found growing abun- dantly in many sections of the state. The wood is close-grained and susceptible of a beautiful polish, which renders it valuable for many kinds of furniture, more especially the varieties known as bird's-eye and curled maples. The wood lacks the durability of the oak ; consequently is not valuable for purposes where it will be exposed to the weather. For fuel it ranks next to hickory. The sugar manufactured from this tree affords no inconsiderable resource for the comfort and even wealth of many sections of the northern states, especially those newly settled, where it would be difficult and expensive to procure their supply from a distance. As an ornamental tree it stands almost at the head of the catalogue. The foliage is beautiful, compact, and free from the attacks of insects. It puts forth its yellow blossoms early, and in the autumn the leaves change in color and show the most beautiful tints of red and yellow long before they fall. Worthy of especial attention for fuel and ornament, and well adapted to street-planting. Red Maple — A. Rubrum. — Is another fine maple of more rapid growth than the foregoing species. With wood rather lighter, but quite as valuable for cabinet-work — for fuel not quite so good. The young trees bear transplanting even better than other maples. Though highly orna- mental, this tree hardly equals the first-named species. It puts forth, in early spring, its scarlet blossoms before a leaf has yet appeared. Well adapted to street-planting. Mountain Maple — A. Spicatum. — Is a small branching tree, or rather shrub, found grow- ing in clumps. Not worthy of much attention. Silver Maple — A. Dasycarpum. — This is a common tree growing on the banks of streams, especially in the western part of the state, grown largely for ornament, yet for the purpose it is the least valuable of the maples. The branches are long and straggling, and so brittle that they are liable to be injured by winds. Box Maple — Negundo Aceroides. — This tree is frequently called box elder. It is of a rapid growth and quite ornamental. The wood is not much used in the arts, but is good fuel. Should be cultivated. It grows on Sugar and Rock rivers. White Elm — Ulmus Americana. — This large and graceful tree stands confessedly at the head of the list of ornamental deciduous trees. Its wide-spreading branches and long, pendu- lous branchlets form a beautiful and conspicuous head. It grows rapidly, is free from disease and the destructive attacks of insects, will thrive on most soils, and for planting along streets, in public grounds or lawns, is unsurpassed by any American tree. The wood is but little used in the arts ; makes good firewood ; should be planted along all the roads and streets, near everv dwelling, and on all public grounds. '^^^ HISTORY or WISCONSIN. Slippery Elm — V. Fulva. — This smaller and less ornamental species is also common. The wood, however, is much more valuable than the white elm, being durable, and splitting readily. It makes excellent rails, and is much used for the framework of buildings ; valuable for fuel ; should be cultivated. Wild Black Cherry — Cerasus Serofina, — This large and beautiful species of cherry is one of the most valuable of American trees. The wood is compact, fine-grained, and of a brilliant reddish color, not liable to warp, or shrink and swell with atmospheric changes ; extensively em- ' ployed by cabinet-makers for every species of furnishing. It is exceedingly durable, hence is valuable for fencing, building, etc. Richly deserves a place in the lawn or timber plantation. Bird Cherry — C. Pennsylvanica. — Is a small northern species, common in the state and worthy of cultivation for ornament. Choke Cherry — C. Virginiana. — This diminutive tree is of little value, not worth the trouble of cultivation. Wild Plum — Prunus Americana. — The common wild plum when in full bloom is one "of the most ornamental of small flowering trees, and as such should not be neglected. The fruit is rather agreeable, but not to be compared to fine cultivated varieties, which may be engrafted on the wild stock to the very best advantage. It is best to select small trees, and work them on the roots. The grafts should be inserted about the middle of April. Hackberry — Celtis Occidentalis. — This is an ornamental tree of medium size ; wood hard, close-grained and elastic ; makes the best of hoops, whip-stalks, and thills for carriages. . The Indians formerly made great use of the hackbeiry wood for their bows. A tree worthy of a lim- ited share of attention. American Linden or Basswood — Tilia Americana. — Is one of the finest ornamental trees for public grounds, parks, etc., but will not thrive where the roots are exposed to bruises ; for this reason it is not adapted to planting along the streets of populous towns. The wood is light and tough, susceptible of being bent to almost any curve ; durable if kept from the weather ; takes paint well, and is considerably used in the arts ; for fuel it is of little value. This tree will flourish in almost any moderately rich, damp soil ; bears transplanting well ; can be propagated readily from layers. White Thorn — Crataegus Coccinea, and Dotted Thorn — C. Punctata. — ^These two species of thorn are found everywhere on the rich bottom lands. When in bloom they are beautiful, and should be cultivated for ornament. The wood is remarkably compact and hard, and were it not for the small size of the tree, would be valuable. Crab Apple — Pyrus Coronaria. — This common small tree is attractive when covered with its highly fragrant rose-colored blossoms. Wood hard, fine, compact grain, but the tree is too small for the wood to be of much practical value. Well worthy of a place in extensive grounds. Mountain Ash — P Americana. — This popular ornament to our yards is found growing in the northern part of the state and as far south as 43°. The wood is useless. White A.sh — Fraxinus Acuminata. — Is a large, interesting tree, which combines utility with beauty in an eminent degree. The wood possesses strength, suppleness and elasticity, which renders it valuable for a great variety of uses. It is extensively employed in carriage manufact- uring; for various agricultural implements ; is esteemed superior to any other wood for oars; excellent for fuel. The white ash grows rapidly, and in open ground forms one of the most lovely trees that is to be found. The foliage is clean and handsome, and in autumn turns from its bright green to a violet purple hue, which adds materially to the beauty of our autumnal syl- van scenery. It is richly deserving our especial care and protection, and wiU amply repay all labor and expense bestowed on its cultivation. TEEES, SHRUBS AlfD VINES. 131 Black Ash — F Sambucifolia. — This is another tall, graceful and well-known species of ash. The wood is used for making baskets, hoops, etc. ; when thoroughly dry, affords a good article of fuel. Deserves to be cultivated in low, rich, swampy situations, where more useful trees will not thrive. Black Walnut — Juglans Nigra. — This giant of the rich alluvial bottom lands claims special attention for its valuable timber. It is among the most durable and beautiful of Ameri- can woods ; susceptible of a fine polish ; not liable to shrink and swell by heat and moisture. It is extensively employed by the cabinet-makers for every variety of furniture. Walnut forks, are frequently found which rival in richness and beauty the far-famed mahogany. This tree, in favorable situations, grows rapidly ; is highly ornamental, and produces annually an abundant crop of nuts. Butternut — J. Cinerea. — This species of walnut is not as valuable as the above, yet for its beauty, and the durability of its wood, it should claim a small portion of attention. The wood is rather soft for most purposes to which it otherwise might be applied. When grown near streams, or on moist side-hills, it produces regularly an ample crop of excellent nuts. It grows rapidly. Shell-Bark Hickory — Carya Alba. — This, the largest and finest of American hickories, grows abundantly throughout the state. Hickory wood possesses probably the greatest strength and tenacity of any of our indigenous trees, and is used for a variety of purposes , but, unfortunately, it is liable to be eaten by worms, and lacks durability. For fuel, the shell-bark hickory stands unrivaled. The tree is ornamental and produces every alternate year an ample crop of the best of nuts. , Shag-Bark Hickory — C. Inclata. — Is a magnificent tree, the wood of which is nearly as valuable as the above. The nuts are large, thick-shelled and coarse, not to be compared to the C. alba. A rare tree in Wisconsin ; abundant further south. Pignut Hickory — C. Glabra. — This species possesses all the bad and but few of the good qualities of the shell-bark. The nuts are smaller and not so good. The tree should be pre- served and cultivated in common with the shell-bark. Not abundant. Bitternut — C. Amara. — Is an abundant tree, valuable for fuel, but lacking the strength and elasticity of the preceding species. It is, however, quite as ornamental as any of the hickories. Red Beech — Fagus Ferruginea. — This is a common tree, with brilliant, shining light-green leaves, and long, flexible branches. It is highly ornamental, and should be cultivated for this purpose, as well as for its useful wood, which is tough, close-grained and compact. It is much used for plane-stocks, tool handles, etc., and as an article of fuel is nearly equal to maple. Water Beech — Carpinus Americana. — Is a small tree, called hornbeam by many. The wood is exceedingly hard and compact, but the small size of the tree renders it almost useless. Iron "WooD^Ostrya Virginica. — This small tree is found disseminated throughout most of our woodlands. It is, to a considerable degree, ornamental, but of remarkably slow growth. The wood possesses valuable properties, being heavy and strong, as the name would indicate ; yet, from its small size, it is of but little use. Balsam Poplar — Populus Candicans. — This tree is of medium size, and is known by sev- eral names : Wild balm of Gilead, cottonwood, etc. It grows in moist, sandy soil, on river bot- toms. It has broad, heart-shaped leaves, which turn a fine yellow after the autumn frosts. It grows more rapidly than any other of our trees ; can be transplanted with entire success when eight or nine inches in diameter, and makes a beatiful shade tree — the most ornamental of pop- lars. The wood is soft, spongy, and nearly useless. 132 HISTOEY OF WISCONSIN. Quaking Aspen— T*. Tremuloides. — Is a well-known, small tree. It is rather ornamental, but scarcely worth cultivating. Large Aspen— P. Grandidentata.—ls. the largest of our poplars. It frequently grows to the height of sixty or seventy feet, with a diameter of two and one-half feet. The wood is soft, easily split, and used for frame buildings. It is the most durable of our poplars. Cotton Wood— i'. Monoltfera.—T\).is is the largest of all the poplars ; abundant on the Mississippi river. Used largdy for fuel on the steamboa.ts. The timber is of but little use in the arts. Sycamore or Buttonwood — Platanus Occidentalis. — This, the largest and most majestic of our trees, is found growing only on the rich alluvial river bottoms. The tree is readily known, even at a considerable distance, by its whitish smooth branches. The foliage is large and beautiful, and the tree one of the most ornamental known. The wood speedily decays, and when sawed into lumber warps badly ; on these accounts it is but little used, although susceptible of a fine finish. As an article of fuel it is of inferior merit. Canoe Birch — Betula Papyracea. — Is a rather elegant and interesting tree. It grows abund- antly ill nearly every part of the state. The wood is of a fine glossy grain, susceptible of a good finish, but lacks durability and strength, and, therefore, is but little used in the mechanical arts. For fuel it is justly prized. It bears transplanting without difficulty. The Indians manufacture their celebrated bark canoes from the bark of this tree. Cherry Birch — B. Lenta. — This is a rather large, handsome tree, growing along streams. Leaves and bark fragrant. Wood, fine-grained, rose-colored ; used largely by the cabinet- makers. Yellow Birch — B. Lutea. — This beautiful tree occasionally attains a large size. It is highly ornamental, and is of value for fuel ; but is less prized than the preceding species for cab- inet work. ' Kentucky Coffee Tree — Gymnocladus Canadensis. — This singularly beautiful tree is only found sparingly, and on rich alluvial lands. I met with it growing near the Peccatonica, in Green county. The wood is fine-grained, and of a rosy hue ; is exceedingly durable, and well worth cultivating. June Berry — Amelanchier Canadensis. — Is a small tree which adds materially to the beauty of our woods in early spring, at which time it is in full bloom. The wood is of no particular value, and the tree interesting only when covered with its white blossoms. White Pine — Pinus Strolus. — This is the largest and most valuable of our indigenous pines. The wood is soft, free from resin, and works easily. It is extensively employed in the mechan- ical arts. It is found in great profusion in the northern parts of the state. This species is readily known by the leaves being in fives. It is highly ornamental, but in common with all pines, will hardly bear transplanting. Only small plants should be moved. Norway or Red Pine — P. Resinosa, and Yellow Pine — P. Mitis. — These are two large trees, but little inferior in size to the white pine. TJie wood contains more resin, and is conse- quently more durable. The leaves of both these species are in twos. Vast quantities of lumber are yearly manufactured from these two varieties and the white pine. The extensive pineries of the state are rapidly diminishing. Shrub Pine — P. Bankstana. — Is a small, low tree ; only worthy of notice here for the orna- mental shade it produces. It is found in the northern sections of the state. Balsam Fir — Abies Balsamea. — This beautiful evergreen is multiplied to a great extent on the shores of Lake Superior, where it grows forty or fifty feet in height. The wood is of but TEEES, SHEUBS AND VJNES. 133 little value The balsam of fir, or Canadian balsam, is obtained from this tree. Double Spruce — A. Nigra. — This grows in the same localities with the balsam fir, and assumes the same pyramidal form, but is considerably larger. The wood is light and possesses considerable strength and elasticity, which renders it one of the best materials for yard's and top- masts for shippmg. It is extensively cultivated for ornament. Hemlock — A. Canadensis. — The hemlock is the largest of the genus. It is gracefully orna- mental, but the wood is of little value. The baik is extensively employed in tanning. Tamarack — Larix Americana.— This beautiful tree grows abundantly in swampy situations throughout the state. It is not quite an evergreen It drops its leaves in winter, but quickly recpvers them in early spring. The wood is remarkably durable and valuable for a variety of uses. The tree grows rapidly, and can be successfully cultivated in peaty situations, where other trees would not thrive. Arbor Vit^e — Thuja Occidentalis. — This tree is called the white or flat cedar. It grows abundantly in many parts of the state. The wood is durable, furnishing better fence posts than any other tree, excepting the red cedar. Shingles and staves of a superior quality are obtained from these trees. A beautiful evergreen hedge is made from the young plants, which bear trans- planting better than most evergreens. It will grow on most soils if sufficiently damp. Red (ZY.Tik.Vi— Juniperus Virginiana. — Is a well known tree that furnishes those celebrated fence posts that " last forever." The wood is highly fragrant, of a rich red color, and fine grained ; hence it is valuable for a variety of uses. It should be extensively cultivated. Dwarf Juniper — J. Sabina. — This is a low trailing shrub. Is considerably prized for ornament. Especially worthy of cultivation in large grounds. Sassafras — Sassafras officinale. — Is a small tree of fine appearance, with fragrant leaves bark. Grows in Kenosha county. Should be cultivated. Willows. — There are many species of willows growing in every part of the state, several of which are worthy of cultivation near streams and ponds. White Willow — Salix alba. — Is a fine tree, often reaching sixty feet in height. The wood is soft, and makes the best charcoal for the manufacture of gun-powder. Grows rapidly. Black Willow — S. Nigra. — This is also a fine tree, but not quite so large as the foregoing. It is used for similar purposes. There are many shrubs and vines indigenous to the state worthy of note. I shall, however, call attention to only a few of the best. Dogwoods. — There are several species found in our forests and thickets. All are ornamen- tal when covered with a profusion of white blossoms. I would especially recommend : corns sericea, C. stolonifera, C. paniculata, and C. alternifolia. All these will repay the labor of trans- planting to ornamental grounds. Viburnums. — These are very beautiful. '^ &hz.v^ viburnum lentago, V. pruni/olium, V. nudum, V. dentatum, V. pubescens, V, acerifolium,' V. pauciflorum, and V. opulus. The last is known as the cranberry tree, and is a most beautiful shrub when in bloom, and also when covered with its red, acid fruit. The common snow-ball tree is a cultivated variety of the V. opulus. Witch Hazel — Hamamelis Virginica. — Is an interesting, tall shrub that flowers late in autumn, when the leaves are falling, and matures the fruit the next summer. It deserves more attention than it receives. Burning Bush — Euonymus atropurpureus. — This fine shrub is called the American straw- berry, and is exceedingly beautiful when covered with its load of crimson fruit, which remains during winter. 184 HISTOEY OF WISCONSIN". Sumach — ^/Jz^j/jz/zJ/wa. — Is a tall shrub, 11 known, but seldom cultivated. When well grown it is ornamental and well adapted for planting in clumps. Hop T-R.-EZ—Ftcleatrifoliata. — This is a showy shrub with shining leaves, which should be cultivated. Common in rich, alluvial ground. Bladder Nut — Staphylea trifolia. —Is a fine, upright, showy shrub, found sparingly all over the state. Is ornamental, with greenish striped branches and showy leaves. Vines. Virginia CVi%-EP-ER.—Ampelopsis quinquefolia. — This is a noble vine, climbing extensively by disc-bearing tendrils, so well known as to require no eulogy. Especially beautiful in its fall colors. Bitter Sweet — Celastrus scandens. — Is a stout twining vine, which would be an ornament to any grounds. In the fall and early winter it is noticeable for its bright fruit. Common. Yellow Honeysuckle — Lonicera flava. — Is a fine native vine, which is found climbing over tall shrubs and trees. Ornamental. There are several other species of honeysuckle ; none, how- ever, worthy of special mention. Frost Grape — Vita cordifolia. — This tall-growing vine has deliciously sweet blossoms, which perfume the air for a great distance around. For use as a screen, this hardy species will be found highly satisfactory. FAUNA OF WISCONSIN. By p. R. hoy, M.D. FISH AND FISH CULTURE. Fish are cold blooded aquatic vertebrates, having fins as organs of progression. They have a two-chambered heart ; their bodies are mostly covered with scales, yet a few are entirely naked, like catfish and eels ; others again are covered with curious plates, such as the sturgeon. Fish inhabit both salt and fresh water. It is admitted by all authority that fresh-water fish are more universally edible than those inhabiting the ocean. Marine fish are said to be more highly flavored than those inhabiting fresh waters ; an assertion I am by no means prepared to admit. As a rule, fish are better the colder and purer the water in which they are found, and where can you find those conditions more favorable than in the cold depths of our great lakes 1 We have tasted, under the most favorable conditions, about every one of the celebrated salt-water fish, and can say that whoever eats a whitefish just taken from the pure, cold water of Lake Michigan will have no reason to be envious of the dwellers by the sea. Fish are inconceivably prolific ; a single female deposits at one spawn from one thousand to one million eggs, varying according to species. Fish afford a valuable article of food for man, being highly nutritious and easy of digestion ; they abound in phosphates, hence are valuable as affording nutrition to the osseous and nervous sys- tem, hence they have been termed, not inappropriately, brain food — certainly a very desirable article of diet for some people. They are more savory, nutritious and easy of digestion when just taken from the water ; in fact, the sooner they are cooked after being caught the better. No fish should be more than a few hours from its watery element before being placed upon the table. For con- venience, I will group our fish into families as a basis for what I shall offer. Our bony fish, FAUNA OF WISCONSIN. 135 having spine rays and covered with comb-like scales, belong to the perch family — a valuable family ; all take the hook, are gamey, and spawn in the summer. The yellow perch and at least four species of black or striped bass have a wide range, being found in all the rivers. and lakes in the state. There is a large species of fish known as Wall- eyed pike {Leucoperca americana) belonging to this family, which is found sparingly in most of our rivers and lakes. The pike is an active and most rapacious animal, devouring fish of consider- able size. The flesh is firm and of good flavor. It would probably be economical to propagate it to a moderate extent. The six-spined bass {Pomoxys hexacanihus, Agas.) is one of the most desirable of the spine- rayed fish found in the State. The flesh is fine flavored, and as the fish is hardy and takes the hook with avidity, it should be protected during the spawning season and artificially propagated. I have examined the stomachs of a large number of these fish and in every instance found small crawfish, furnishing an additional evidence in its favor. Prof. J. P. Kirtland, the veteran ichthy- ologist of Ohio, says that this so-callea " grass bass" is the fish for the million. The white bass {Roccus chrysops) is a species rather rare even in the larger bodies of water,, but ought to be introduced into every small lake in the State, where I am certain they would flourish. It is an excellent fish, possessing many of the good qualities and as few of the bad as- any that belong to the family. There is another branch of this family, the sunfish, Pomoiis, which numbers at least six species found in Wisconsin. They are beautiful fish, and afford abundant sport for the boys ; none of them, however, are worth domesticating (unless it be in the aquarium) as there are so many better. The carp family (Cyprinidd) are soft finned fish without maxillary teeth. They include by far the greater number of fresh-water fish. Some specimens are not more than one inch,' while others are nearly two feet in length. Our chubs, silversides and suckers are the principal mem- bers of this family. Dace are good pan-fish, yet their small size is objectionable ; they are the children's game fish. The Cyprinidm all spawn in the spring, and might be profitably propa- gated as food for the larger and more valuable fish. There are six or seven species of suckers found in our lakes and rivers. The red horse, found every where, and at least one species of the buffalo, inhabiting the Mississippi and its trib- utaries, are the best of the genus Catastomus. Suckers are bony, and apt to taste- suspiciously of mud ; they are only to be tolerated in the absence of better. The carp {Cyprenius carpo) has been successfully introduced into the Hudsonriver. The trout family (^Salmonidcs) are soft-finned fish with an extra dorsal adipose fin without rays. They inhabit northern countries, spawning in the latter part of fall and winter. Their flesh is universally esteemed. The trout family embrace by far the most valuable of our fish, including, as it does, trout and whitefish. The famous speckled trout {Salmo fontinalis) is a small and beautiful species which is found in nearly every stream in the northern half of the State. Wherever there is a spring run or lake, the temperature of which does not rise higher than sixty-five or seventy in the summer, there trout can be propagated in abundance. The great salmon trout i^Sal. amethystus) of the great lakes is a magnificent fish weighing from ten to sixty pounds. The Siscowit salmo siscowit of Lake Superior is about the same size, but not quite so good a fish, being too fat and oily. They will, no doubt, flourish in the larger of the inland lakes. The genus Coregonus includes the true whitefish, or lake shad. In this genus, as now restricted, the nose is square and the under jaw short, and when first caught they have the fragrance of fresh cucumbers. There are at least three species found in Lake Michigan. In my 136 HISTORY OF WISCON"SIN. opinion these fish are more delicately flavored than the celebrated Potomac shad ; but I doubt whether they will thrive in the small lakes, owing to the absence of the small Crustacea < !- which they subsist. The closely allied genus Argyrosomus includes seven known species inhabitmg the larger lakes, and one, the Argyrosomus sisco, which is found in several of the lesser lakes. The larger species are but little inferior to the true whitefish, with which they are commonly confounded. The nose is pointed, the under jaw long, a'nd they take the hook at certain seasons with activity. They eat small fish as well as insects and crustaceans. Of the pickerel family, we have three or four closely allied species of the genus Esox, armed with prodigious jaws filled with cruel teeth. They lie motionles eady to dart, swift as an arrow, upon their prey. They are the sharks of the fresh water. The pickerel are so rapacious that they spare not their own species. Sometimes they attempt to swallow a fish nearly as large as themselves, and perish in consequence. Their flesh is moderately good, and as they are game to the backbone, it might be desirable to propagate them to a moderate extent under peculiar circumstances. The catfish {SUuridmyhzMs soft fins, protected by sharp spines, and curious fleshy barbels floating from their lips, without scales, covered only with a slimy coat of mucus. The genus Pimlodus are scavengers among fish, as vultures among birds. They are filthy in habit and food. There is one interesting trait of the catfish— the vigilant and watchful motherly care of th6 young by the male. He defends them with great spirit, and herds them together when they straggle. Even the mother is driven far off; for he knows full well that she would not scruple to make a full meal off her little black tadpole-like progeny. There are four species known to inhabit this State — one peculiar to the great lakes, and two found in the numerous affluents of the Mississippi. One of these, the great yellow catfish, sometimes weighs over one hundred pounds. When in good condition, stuffed and well baked, they are a fair table fish. The small bull-head is universally distributed. The sturgeons are large sluggish fish, covered with plates instead of scales. There are at least three species of the genus Acipenser found in the waters of Wisconsin. Being so large and without bones, they afford a sufficiently cheap article of food ; unfortunately, however, the quality is decidedly bad. Sturgeons deposit an enormous quantity of eggs ; the roe not unfrequently weighs one fourth as much as the entire body, and numbers, it is said, many millions. The principal commercial value of sturgeons is found in the roe and swimming bladder. The much prized caviare is manufactured from the former, and from the latter the best of isinglass is obtained. The gar-pikes {Lepidosteus) are represented by at least three species of this singular fish. They have long serpentine bodies, with jaws prolonged into a regular bill, which is well provided with teeth. The scales are composed of bone covered on the outside with enamel, like teeth. The alligator gar, confined to the depths of the Mississippi, is a large fish, and the more common species, Lepidosteus bison, attains to a considerable size. The Lepidosteous, now only found in North America, once had representatives all over the globe. Fossils of the same family of which the gar-pike is the type, have been found all over Europe, in the oldest fossiliferous beds, in the strata of the age of coal, in the new red sandstone, in oolitic deposits, and in the chalk and tertiary formations — being one of the many living evidences that North America was the first country above the water. For all practical purposes, we should not regret to have the gar -pikes follow in the footsteps of their aged and illustrious predecessors. They could well be spared. There is a fish {^^Lota maculose) which belongs to the cod-fish family, called by the fishermen the " lawyers," for what reason I am not able to say — at any rate, the fish is worthless. There are a great number of small fish, interesting only to the naturalist, which I shall omit to men- FAITNA OF WISCONSIN. 137 Fish of the northern countries are the most valuable, for the reason that the water is colder and purer. Wisconsin, situated between forty-two thirty, and forty-seven degrees of latitude, bounded on the east and north by the largest lakes in the world, on the west by the " Great river," traversed by numerous fine and rapid streams, and sprinkled all over with beautiful and pictu- resque lakes, has physical conditions certainly the most favorable, perhaps of any State, for an abundant and never-failing supply of the best fish. Few persons have any idea of the importance of the fisheries of Lake Michigan. It is difficult to collect adequate data to form a correct knowledge of the capital invested and the amount of fish taken; enough, however, has been ascertained to enable me to state that at Milwaukee alone $100,000 are invested, and not less than two hundred and eighty tons of dressed fish taken annually. At Racine, during the entire season of nine months, there are, on an average, one thousand pounds of whitefish and trout, each, caught and sold daily, amounting to not less than $16,000. It is well known that, since the adoption of the gill-net system, the fishermen are enabled to pursue their calling ten months of the year. When the fish retire to the deep water, they are followed with miles of nets, and the poor fish are entangled on every side. There is a marked falling off in the number and size of white- fish and trout taken, when compared with early years. When fish were only captured with seines, they had abundant chance to escape and multiply so as to keep an even balance in number. Only by artificial propagation and well enforced laws protecting them during the spawning season, can we hope now to restore the balance. In order to give some idea of the valuable labors of the state fish commissioners, I will state briefly that they have purchased for the state a piece of property, situated three miles from Madison, known as the Nine Springs, including forty acres of land, on which they have erected a dwelling-house, barn and hatchery, also constructed several ponds, in which can be seen many valuable fish in the enjoyment of perfect health and vigor. As equipped, it is, undoubtedly, one of the best, if not the best, hatchery in the states. In this permanent establishment the commission design to hatch and distribute to the small lakes and rivers of the interior the most valuable of our indigenous fish, such as bass, pike, trout, etc., etc., as well as many valuable foreign varieties. During the past season, many fish have been distributed from this state hatchery. At the Milwaukee Water Works, the commission have equipped a hatchery on a large scale, using the water as pumped directly from the lake. During the past season there was a prodigious multitude of young trout and whitefish distributed from this point. The success of Superintendent Welcher in hatching whitefish at Milwaukee has been the best yet gained, nearly ninety per cent, of the eggs "laid down" being hatched. Pisciculturists will appreciate this wonderful success, as they well know how difficult it is to manage the spawn of the whitefish. I append the following statistics of the number of fish hatched and distributed from the Milwaukee hatchery previous to 1878 : Total number of fish hatched, 8,000,000 — whitefish, 6,300,000; salmon trout, 1,700,000. They were distributed as follows, in the month of May, 1877 : Whitefish planted in Lake Michigan, at Racine, 1,000,000; at Milwaukee, 3,260,000; between Manitowoc and Two Rivers 1,000,000 ; in Green bay, 1,000,000 ; in Elkhart lake, 40,000. Salmon trout were turned out as follows : Lake Michigan, near Milwaukee, 600,000 ; Brown's lake, Racine county, 40,000 ; Delavan lake, Walworth county, 40,000 ; Troy lake, Wal- worth county, 40,000 ; Pleasant lake, Walworth county, 40,000 ; Lansdale lake, Walworth county, 40,000; Ella lake, Milwaukee county, 16,000; Cedar lake, Washington county, 40,000; Elkhart lake, Sheboygan county, 40,000 ; Clear lake, Rock county, 40,000 ; Ripley lake, 138 HISTOEY or WISCONSIN. Jefferson county, 40,000; Mendota lake, Dane county, 100,000; Fox lake, Dodge county, 40,000 ; Swan and Silver lakes, Columbia county, 40,000 ; Little Green lake. Green Lake county, 40,000; Big Green lake. Green Lake county, 100,000; Bass lake, St. Croix county, 40,000; Twin lakes, St. Croix county, 40,000 ; Long lake, (Chippewa county, 40,000; Oconomo- woc lake, Waukesha county, 100,000; Pine lake, Waukesha county, 40,000; Pewaukee lake, Waukesha county, 100,000 ; North lake, Waukesha county, 40,000 ; Nagawicka lake, Waukesha county, 40,000 ; Okanche lake, Waukesha county, 40,000. LARGE ANIMALS.— TIME OF THEIR DISAPPEARANCE. Fifty years ago, the territory now included in the state of Wisconsin, was nearly in a state of nature, all the large wild animals were then abundant. Now, all has changed. The ax and plow, gun and dog, railway and telegraph, have metamorphosed the face of nature. Most of the large quadrupeds have been either exterminated, or have hid themselves away in the wilder- ness. In a short time, all of these will have disappeared from the state. The date and order in which animals become extinct within the boundaries of the state, is a subject of great interest. There was a time when the antelope, the woodland caribou, the buffalo, and the wild turkey, were abundant, but are now no longer to be found. The Antelope, Antilocarpa Americana, now confined to the Western plains, did, two hun- < dred years ago, inhabit Wisconsin as far east as Michigan. In October, 1679, Father Hennepin; with La Salle and party, in four canoes, coasted along the Western shore of Lake Michigan. In Hennepin's narrative, he says; " The oldest of them " (the Indians) " came to us the next morn- ing with their calumet of peace, and brought some wild goats." This was somewhere north of Milwaukee. "Being in sore distress, we saw upon the coast a great many ravens and eagles " (turkey vultures), " from whence we conjectured there was some prey, and having landed upon that place, we found above the half of a fat wild goat, which the wolves had strangled. This provision was very acceptable to us, and the rudest of our men could not but praise the Divine Providence which took so particular care of us." This must have been somewhere near Racine. "On the i6th" (October, 1679), " we met with abundance of game. A savage we had with us, killed several stags (deer) and wild goats, and our men a great many turkeys, very fat and big." This must have been south of Racine. These goats were undoubtedly antelopes. Schoolcraft mentions antelopes as occupying the Northwest territory. When the last buffalo crossed the Mississippi is not precisely known. It is certain they lingered in Wisconsin in 1825. It is said there was a buffalo shot on the St. Croix river as late as 1832, so Wisconsin claims the last buffalo. The woodland caribou — Rangifer caribou — --were never numerous within the limits of the state. A few were seen not far from La Pointe in r54S. The last wild turkey in the eastern portion of the state, was in 1846. On the Mississippi, one was killed in 1856. I am told by Dr. Walcott, that turkeys were abundant in Wisconsin previous to the hard winter of 1842-3, when snow was yet two feet deep in March, with a stout crust, so that the turkeys could not get to the ground. They became so poor and weak, that they could not fly, and thus became an easy prey to the wolves, foxes, wild cats, minks, etc., which exter- minated almost the entire race. The Doctor says he saw but one single individual the next winter. Elk were on Hay river in 1863, and I have little doubt a few yet remain. Moose are not numerous, a few yet remain in the northwestern part of the state. I saw moose tracks on the Montreal river, near Lake Superior, in the summer of 1845. A few panthers may still inhabit the wilderness of Wisconsin. Benjamin Bones, of Racine, shot one on the headwaters of FAUKA OF WISCONSIN. 139 Black river, December, 1863. Badgers are now nearly gone, and in a few years more, the only badgers found within the state, will be two legged ones. Beavers are yet numeroiis in the small lakes in the northern regions. Wolverines are occasionally met with in the northern forests. Bears, wolves, and deer, will continue to flourish in the northern and central counties, where underbrush, timber, and small lakes abound. All large animals will soon be driven by civilization out of Wisconsin. The railroad and improved firearms will do the work, and thus we lose the primitive denizens of the forest and prairies. ' PECULIARITIES OF THE BIRD FAUNA. The facts recorded in this paper, were obtained by personal observations within , fifteen miles of Racine, Wisconsin, latitude 42° 46' north, longitude 87" 48' west. This city is situated on the western shore of Lake Michigan, at the extreme southern point of the heavy lumbered district, the base of which rests on Lake Superior. Racine extends six miles further into the lake than Milwaukee, and two miles further than Kenosha. At this point the great prairie approaches near the lake from the west. The extreme rise of the mercury in summer, is from 90° to 100° Fahrenheit. The isothermal line comes further north in summer, and retires further south in winter than it does east of the great lakes, which physical condition will sufficiently explain the remarkable peculiarities of its animal life, the overlapping, as it were, of two distinct faunas. More especially is this true of birds, that are enabled to change their locality with the greatest facility. Within the past thirty years, I have collected and observed over three hundred species of birds, nearly half of all birds found in North Arperica. Many species, considered rare in other sections, are found here in the greatest abundance. A striking peculiarity of the ornithological fauna of this section, is- that southern birds go farther north in summer, while northern species go farther south in winter than they do east of the lakes. Of summer birds that visit us, I will ennumerate a few of the many that belong to a more southern latitude in the Atlantic States. Nearly all nest with us, or, at least, did some years ago. Yellow-breasted chat, Icteria virdis ; mocking bird, Mimus pollyglottus ; great Carolina wren, Thriothorus ludovicianus ; prothonotary warbler, Frotonoiaria citreaj summer red bird, Pyrangia (zs4iva; wood ibis, Tantalus loeulator. Among Arctic birds that visit us in winter are : Snowy owl, Nydea niveaj great gray owl, Syrnium cinerus; hawk owl. Surma ulula; Arctic three-toed woodpecker, Picoides arcticus; banded three-toed woodpecker, Picoides hirsutus; mag- pie. Pica hudsonicaj Canada jay, Perisorius canadensis ; evening grosbeak, Hesperiphona vesper- Una; Hudson titmouse, Parus hudsonicus; king eder, Somaieria speciabilisj black-throated diver, Colymbus arcticus; glaucus gull, Laurus glaucus. These examples are sufficient to indicate the rich avi fauna of Wisconsin. It is doubtful if there is another locality where the Canada jay and its associates visit in winter where the mock- ing bird nests in summer, or where the hawk owl flies silently over the spot occupied during the warmer days by the summer red bird and the yellow-breasted chat. But the ax has already leveled much of the great woods, so that there is now a great falling off in numbers of our old familiar feathered friends. It is now extremely doubtful if such a collection can ever again be madf within the boundaries of this state, or indeed, of any other. EDUCATIONAL HISTORY. By Prof. EDWARD SEARING, State Superintendent of Public Instruction. From the time of the earliest advent of the families of French traders into the region now known as Wisconsin, to the year 1818, when that region became part of Michigan territory, education was mostly confined to private mstruction, or was sought by the children of the wealthier in the distant cities of Quebec, Montreal, and Detroit. The early Jesuit missionaries, and — subsequently to 1816, when it came under the military control of the United States — representatives of various other religious denominations, sought to teach the Indian tribes of this section. In 1823, Rev. Eleazar Williams, well known for his subsequent claim to be the Dauphin of.France, and who was in the employ of the Episcopal Missionary Society, started a school of white and half-breed children on the west side of Fox. river, opposite " Shanty-Town." A Catholic mission school for Indians was organized by an Italian priest near Green Bay, in 1830. A clause of the treaty with the Winnebago Indians, in 1832, bound the United States to maintain a school for their children near Prairie du Chien for a period of twenty-seven years. The Original School Code. From 1818 to 1836, Wisconsin formed part of Michigan territory. In the year 1837, Michi- gan was admitted into the Union as a state, and Wisconsin, embracing what is now Minnesota, Iowa, and a considerable region still further westward, was, by act of congress approved April 20th of the year previous, established as a separate territory. The act provided that the existing laws of the territory of Michigan should be extended over the new territory so far as compatible with the provisions of the act, subject to alteration or repeal by the new government created. Thus with the other statutes, the school code of Michigan became the original code of Wiscon- sin, and it was soon formally adopted, with almost no change, by the first territorial legislature, which met at Belmont. Although modified in some of its provisions almost every year, this imperfect code continued in force until the adoption of the state constitution in 1848. The first material changes in the code were made by the territorial legislature at its second session, in 1837, by the passage of a bill " to regulate the sale of school lands, and to provide for organ-, izing, regulating, and perfecting common schools." It was provided in this act that as soon as twenty electors should reside in a surveyed township, they should elect a board of three com- missioners, holding office three years, to lay off districts, to apply the proceeds of the leases of school lands to the payment of teachers' wages, and to call school meetings. It was also pro- vided that each district should elect a board of three directors, holding office one year, to locate school-houses, hire teachers for at least three months in the year, and levy taxes for the support of schools. It was further provided that a third board of five inspectors should be elected annually in each town to examine and license teachers and inspect the schools. Two years subsequently (1839) the law was revised and the family, instead of the electors, was made the basis of the town organization. Every town with not less than ten families was made a school district and required to provide a competent teacher. More populous towns were divided into two or more districts. The office of town commissioner was abolished, its duties with certain others being transferred to the inspectors. The rate-bill system of taxation, previously in exrstence, was repealed, and a tax on the whole county for building school-houses and support- EDUCATIONAL HISTORY. 141 ing schools was provided for. One or two years later the office of town commissioners was restored, and the duties of the inspectors were assigned to the same. Other somewhat important amendments were made at the same time. In 1840, a memorial to congress from the legislature represented that the people were anxious to establish a common-school system, with suitable resources for its support. From lack of sufficient funds many of the schools were poorly organized. The rate-bill tax or private subscription was often necessary to supplement the scanty results of county taxation. Until a state government should be organized, the fund accruing from the sale of school lands could not be available. Congress had made to Wisconsin, as to other new states, for educational purposes, a donation of lands. These lands embraced the sixteenth section in every township in the state, the 500,000 acres to which the state was entitled by the provisions of an act of congress passed in 1 841, and any grant of lands from the United States, the purposes of which were not speci- fied. To obtain the benefits of this large fund was a leading object in forming the state con- stitution. Agitation for Free Schools. Shortly before the admission of the state the subject of free schools began to be quite widely discussed. In February, 1845, Col. M. Frank, of Kenosha, a member of the territorial legislature, introduced a bill, which became a law, authorizing the legal voters of his own town to vote taxes on all the assessed property tor the full support of its schools. A provision of the act required its submission to the people of the town before it could take effect. It met with Strenuous opposition, but after many public meetings and lectures held in the interests of public enlightenment, the act was ratified by a small majority in the fall of 1845, and thus the first free school in the state was legally organized. Subsequently, in the legislature, in the two constitutional con- ventions, and in educational assemblies, the question of a free-school system for the new sfiate soon to be organized provoked much interest and discussion. In the constitution framed by the convention of 1846, was provided the basis of a free-school system similar to that in our present constitution. The question of establishing the office of state superintendent, more than any other feature of the proposed school system, elicited discussion in that body. The necessity of this office, and the advantages of free schools supported by taxation, were ably presented to the convention by Hon. Henry Barnard, of Connecticut, in an evening address. He afterward pre- pared, by request, a draft of a free-school system, with a state superintendent at its head, which was accepted and subsequently embodied in the constitution and the school law. In the second constitutional convention, in 1848, the same questions again received careful attention, and the article on education previously prepared, was, after a few changes, brought into the shape in which we now find it. Immediately after the ratification by the people, of the constitution pre- pared by the second convention, three commissioners were appointed to revise the statutes. To one of these, Col. Frank, the needed revision of the school laws was assigned. The work was ' acceptably performed, and the new school code of 1849, largely the same as the present one, went into operation May first of that year. The School System under the State Government. In the state constitution was laid the broad foundation of our present school system. The four corner stones were: (i) The guaranteed freedom of the schools; (2) the school fund created ; (3) the system of supervision ; (4) a state university for higher instruction. The school fund has five distinct sources for its creation indicated in the constitution: (i) Proceeds from the sale of lands granted to the state by the United States for educational purposes; (2) 142 HISTORY OF WISCONSIN. all moneys accruing from forfeiture or escheat; (3) all fines collected in the several counties for breach of the penal laws ; (4) all moneys paid for exemption from military duty ; (5) five per cent. of the sale of government lands within the state. In addition to these constitutional sources of the school fund, another and sixth source was open from 1856 to 1870. By an act of the state legislature in the former year, three-fourths of the net proceeds of the sales of the swamp and overflowed lands, granted to the state by congress, Sept. 28, 1850, were added to the common- school fund, the other fourth going into a fund for drainage, under certain circumstances ; but if not paid over to any town for that purpose within two years, to become a part of the school fund. The following year one of these fourths was converted into the normal-school fund, leaving one-half for the common-school fund. In 1858, another fourth was given to the drainage fund, thus providing for the latter one-half the income from the sales, and leaving for the school fund, until the year 1865, only the remaining one-fourth. In the latter year this was transferred to the normal-school fund, with the provision, however, that one-fourth of the income of this fund should be transferred to the common-school fund until the annual income of the latter fund should reach $200,000. In 1870 this provision was repealed, and the whole income of the normal fund left applicable to the support of normal schools and teachers' institutes. At the first session of the state legislature in 1848, several acts were passed which carried out in some degree the educational provisions of the constitution. A law was enacted to pro- vide for the election, and to define the duties, of a state superintendent of public instruction. A district board was created, consisting of a moderator, director, and treasurer; the office of town superintendent was established, and provision was made for the creation of town libraries, and for the distribution of the school fund. The present school code of Wisconsin is substantially that passed by the legislature of 1848, and which went into operation May 1, 1849. The most important change since made was the abolition of the office of town superintendent, and the substitution therefor of the county superintendency. This change took -effect January i, 1862. The School-Fund Income. The first annual report of the state superintendent, for the year 1849, gives the income of the school fund for that year as $588, or eight and three-tenth mills per child. Milwaukee county received the largest amount, $69.63, and St. Croix county the smallest, twenty-four cents. The average in the state was forty-seven cents per district. The following table will show at a glance the quinquennial increase in the income of the fund, the corresponding increase in the number of school children, and the apportionment per child, from 1849 to 1875, inclusive; also, the last published apportionment, that for 1878. It will be seen that since 1855 the increase of the fund has not kept pace with the increase of school population : Year. NO. CHILDREN OF SCHOOL-AGE. INCOME OF SCHOOL FUND RATE PER CHILD. Year. NO. CHILDREN OF SCHOOL-AGE. INCOME OF SCHOOL FUND RATE PER CHILD. 1849- - 1850.. 1855-- 1860. . 70,457 92,105 186,085 288,984 $588 00 47,716 00 125,906 02 184,949 76 $0.0083 .518 .67 .64 1865.. 1870.. 1875-- 1878.. 335.582 V 412,481 450,304 478,692 151,816 34 159,271 38 184,624 64 185,546 01 .46 .40 .41 ■39 The amount of productive school fund reported Septemlper 30, 1878, was $2,680,703.27. The portion of the fund not invested at that date, was $58,823.70. EDUCATIONAL HISTORY. 143 The State University. In his message to the first territorial legislature, in 1836, Governor Dodge recommended askfng from congress aid for the establishment of a state educational institution, to be governed by the legislature. This was the first official action looking to the establishment of a state university. The same legislature passed an act to establish and locate the Wisconsin univer- sity at Belmont, in the county of Iowa. At its second session, the following year, the legislature passed an act, which was approved January 19, 1838, establishing "at or near Madison, the seat of government, a university for the purpose of educating youth, the name whereof shall be ' The University of the Territory of Wisconsin. " A resolution was passed at the same session, direct- ing the territorial delegate in congress to ask of that body an appropriation of $20,000 for the erection of the buildings ot said university, and also to appropriate two townships of vacant land for its endowment. Congress accordingly appropriated, in 1838, seventy-two sections, or two townships, for the support of a " seminary of learning in the territory of Wisconsin," and this was afterward confirmed to the state for the use of the university. No effectual provision, how- ever, was made for the establishment of the university until ten years later, when the state was organized. Congress, as has been said, had made a donation of lands to the territory for the support of such an institution, but these lands could not be made available for that purpose until the territory should become a state. The state constitution, adopted in 1848, declared that pro- vision should be made for the establishment of a state university, and that the proceeds of all lands donated by the United States to the state for the support of a university should remain a perpetual fund, the interest of which should be appropriated to its support The state legislature, at its first session, passed an act, approved July 26, 1848, establishing the University of Wisconsin, defining its location, its government, and its various departments, and authorizing the regents to purchase a suitable site for the buildings, and to proceed to the erection of the same, after having obtained from the legislature the approval of plans. This act repealed the previous act of 1838. The regents were soon after appointed, and their first annual report was presented to the legislature, January 30, 1849. This report announced the selection of a site, subject to the approval of the legislature, announced the organization of a preparatory department, and the election of a chancellor or president. The university was thus organized, with John H. Lathrop, president of the University of Missouri, as its first chancellor, and John W. Sterling as principal of the preparatory department, which was opened February 5, 1849. Chancellor Lathrop was not formally inaugurated until January 16, 1850. Owing to the short-sighted policy of the state in locating without due caije, and in apprais- ing and selling so low the lands of the original grant, the fund produced was entirely inadequate to the support of the institution. Congress, therefore, made, in 1854, an additional grant of seventy-two sections of land for its use. These, however, were located and sold in the same inconsiderate and unfortunate manner, for so low a price as to be a means of inducing immigra- tion, indeed, but not of producing a fund adequate for the support of a successful state univer- sity. Of the 92,160 acres comprised in the two grants, there had been sold prior to September 30, 1866, 74,178 acres for the sum of $264,570.13, or at an average price of but little more than $3-50 per acre.* Besides this, the state had allowed the university to anticipate its income to the extent of over $roo,ooo for the erection of buildings. By a law of 1862 the sum of $104,339.43 was taken from its fund (already too small) to pay for these buildings. The resulting embar- rassment made necessary the re-organization of 1866, which added to the slender resources of the institution the agricultural college fund, arising from the sale of lands donated to the state by the congressional act of 1862. ♦Compare the price obtained for the lands of the University of Michigan. The first sale of those lands averaged $22.85 per acre, and brought in a single year (1837) $150,447.90. Sales were made in succeeding years at $15, $17, and $19 per acre. 144 HISTORY OF WISCONSIN. The first university building erected was the north dormitory, which was completed in 1851. This is 110 feet in length by 40 in breadth, and four stories in height. The south dormitory, of the same size, was completed in 1855. The main central edifice, known as University Hall, was finished in 1859. The Ladies' College was completed in 1872. This latter was built with an appropriation of $50,000, made by the legislature in 1870— the first actual donation the univer- sity had ever received from the state. The legislature of 1875 appropriated $80,000 for the erection of Science Hall, a building to be devoted to instruction in the physical sciences. This was completed and ready for occupancy at the opening of the fall term of 1877. The growth of this institution during the past fourteen years, and especially since its re- organization in 1866, has been rapid and substantial. Its productive fund on the 30th day of September, 1877, aside from the agricultural college fund, was $223,240 32. The combined uni- versity and agricultural funds amounted, at the same date, to $464,032 22. An act of the legis- lature in 1867 appropriated to the university income for that year, and annually for the next ten years, the sum of $7,303.76, being the interest upon the sum taken from the university fund by the law of 1862 for the erection of buildings, as before mentioned. Chapter 100 of the general laws of 1872 also provided for an annual state tax of $10,000 to increase the income of the uni- versity. Chapter 119 of the laws of 1876 provides for an annual state tax of one-tenth of one mill on the taxable property of the state for the increase of the university fund income, this tax to be "«■« lieu of all other appropriations before provided for the benefit of said fund income," and to be " deemed a full compensation for all deficiencies in said income arising from the dis- position of the lands donated to the state by congress, in trust, for the benefit of said income." The entire income of the university from all sources, including this tax (which was $42,359.62), was, for the year ending September 30, 1878, ^81,442-63. The university has a faculty of over thirty professors and instructors, and during the pa^t year— 1877-8— it had in its various depart- ments 388 students. The law department, organized in 1868, has since been in successful opera- ation. Ladies are admitted into all the departments and classes of the university. Agricultural College. The agricultural college fund, granted to the state by the congressional act of 1862, was by a subsequent legislative enactment (1866) applied to the support, not of a separate agricultural college, but of a department of agriculture in the existing university, thus rendering it unneces- sary for the state to erect separate buildings elsewhere. Under the provisions of chapter 114, laws of 1866, the county of Dane issued to the state, for the purpose of purchasing an experi- mental farm, bonds to the amount of $40,000. A farm of about 200 acres, adjoining the univer- sity grounds, was purchased, and a four years' course of study provided, designed to be thorough and extensive in the branches that relate to agriculture, in connection with its practical application upon the experimental farm. The productive agricultural college fund has increased from 58,061.86, iu 1866, to ^244,263, 18, in 1878. Normal Schools. The propriety of making some special provision for the instruction of teachers was acknowledged in the very organization of the state, a provision for normal schools having been embodied in the constitution itself, which ordains that after the support and n a ntenance of the EDUCATIONAL HISTOET. 145 common schools is insured, the residue of the school fund shall be appropriated to academies and normal schools. The state legislature, in its first session in 1848, in the act establishing the Uni- versity of Wisconsin, declared that one of the four departments thereof should be a department of the theory and practice of elementary instruction. The first institution ever chartered in the state as a normal school was incorporated by the legislatur,e at its second session — 1849 — under the title of the " Jefferson County Normal School." This, however, was never organized. The regents, when prganizing the university, at their meeting in 1849, ordained the estab- lishment of a normal professorship, and declared that in organizing the normal department it was their fixed intention " to make the University of Wisconsin subsidiary to the great cause of popular education, by making it, through its normal department, the nursery of the educators of the popular mind, and the central point of union and harmony to the educational interests of the commonwealth." They declared that instruction in the normal department should be free to all suitable candidates. Little was accomplished, however, in this direction during the next ten years. In 1857 an act was passed by the legislature appropriating twenty-five per cent, of the income of the swamp-land fund " to normal institutes and academies under the supervision and direction of a board 5f regents of normal schools," who were to be appointed in accordance with the provisions of the act. Distribution of this income was made to such colleges, acade- mies, and high schools as maintained a normal class,, in proportion to the number of pupils pass- ing a successful examination conducted by an agent of the board. In 1859, Dr. Henry Barnard, who had become chancellor of the university, was made agent of the normal regents. He inaugurated a system of teachers' institutes, and gave fresh vigor to the normal work throughout the state. Resigning, however, on account of ill-health, within two years. Professor Chas. H. Allen, who had been conducting institutes under his direction, succeeded him as agent of the normal regents, and was elected principal of the normal department of the university, entering upon his work as the latter in March, 1864. He managed the department* with signal ability and success, but at the end of one or two years resigned. Meantime the educational sentiment of the state had manifested itself for the establishment of separate normal schools. In 1865, the legislature passed an act repealing that of two years before, and providing instead that one-half of the swamp-land fund should be set apart as a normal-school fund, the income of which should be applied to establishing and supporting normal schools under the direction and management of the board of normal regents, with a proviso, however, that one- fourth of such income should be annually transferred to the common-school fund income, until the latter should amount annually to $200,000. This proviso was repealed by the legislature of 1870, and the entire income of one-half the swamp-land fund has since been devoted to normal- school purposes. During the same year proposals were invited for aid in the establishment of a normal school, in money, land, or buildings, and propositions from various places were received and considered. In 1S66, the board of regents was incorporated by the legislature. In the same year Platteville was conditionally selected as the site of a school, and as there was already a productive fund of about $600,000, with an income of over $30,000, and a prospect of a steady increase as the lands were sold, the board decided upon the policy of establishing several schools, located in different parts of the state. In pursuance of this policy, there have already been completed, and are now in very successful operation, the Platteville Normal School, opened October g, i866; the Whitewater Normal School, opened April 21, 1868 ; the Oshkosh Normal School, opened September 19, 187 1, and the River Falls Normal School, opened September 2, 1875. Each assembly district in the state is entitled to eight representatives in the normal schools. These are nominated by county and city superintendents. Tuition is free to all normal students. There are in the normal schools two courses of study — an 146 HISTORY OF WISCONSIN tlementary course of two years, and an advanced course of four years. The student completing the former, receives a certificate ; the one completing the latter, a diploma. The certificate, when the holder has successfully taught one year after graduation, may be countersigned by the sup- erintendent of public instruction, when it becomes equivalent to a five-years' state certificate, The diploma, when thus countersigned, after a like interval, is equivalent t) n permanent state certificate. It is believed that the normal-school system of Wisconsin rests upon a broader and more secure basis than the corresponding system of any other state. That basis is an independent and permanent fund, which has already reached a million dollars. The precise amount of this securely invested and productive fund, September 30, 1878, was ^1,004,907.67, and the sum of $33,290.88 remained uninvested. Tkachers' Institutes. In addition to the work of the normal schools, the board of regents is authorized to expend fS,ooo annually to defray the expenses of teachers' institutes. A law of 187 1, amended in 1876, provides for normal institutes, which shall be held for not less than two consecutive weeks, and appropriates from the state treasury a sum not exceeding $2,000 per annum for their support. There were held in the State, in 1878, sixty-six institutes, varying in length from one to two Vveeks. The total number of persons enrolled as attendants was 4,944 Graded Schools. Including those in the cities, the graded schools of the State number about four hundred. The annual report of the State superintendent for 1878 gives the number with two departments as 207, and the number with three or more as 225. A law of March, 1872, provided that "all graduates of any graded school of the state, who shall have passed an examination at such graded school satisfactory to the faculty of the univer- sity for admission into the sub-freshman class and college classes of the university, shall be at once and at all times entitled to free tuition in all the colleges of the university." A consider- able number of graduates of graded schools entered the university under this law during the next four years, but it being deemed an unwise discrimination in favor of this class of students, in 1876, in. the same act which provided for the tax of one tenth of one mill, the legislature pro- vided that from and after the 4th of July of that year no student, except students in law and those taking extra studies, should be required to pay any fees for tuition. Few graded schools of the state are able as yet to fully prepare students for entrance into the regular classes of the classical department of the university. The larger number prepared by them still enter the scientific department or the sub-freshman class. The Township System. In 1869 the legislature passed a law authorizing towns to adopt by vote the " township sys- tem of school government." Under this system each town becomes one school district, and the several school districts already existing become sub-districts. Each sub-district elects a clerk, and these clerks constitute a body corporate under the name of the " board of school directors," and • are invested with the title and custody of all school houses, school-house sites, and other prop- erty belonging to the sub-districts, with power to control them for the best interests of the schools of the. town. The law provides for an executive committee to execute the orders of the EDUCATIONAL HISTOEY. 147 board, employ teachers, etc., and for a secretary to record proceedings of the board, have imme- diate charge and supervision of the schools, .and perform other specified duties. But few towns ha\e as yet made trial of this system, although it is in successful operation in Pensylvania, Mas- sachusetts, and some other states, and where fully and fairly tried in our own, has proved entirely satisfactory. It is the general belief of our enlightened educational men that the plan has such merits as ought to secure its voluntary adoption by the people of the state. Free High Schools. In 1875 the legislature enacted that any town, incorporated village, or city, may establish and maintain not more than two free high schools, and provided for an annual appropriation of not to exceed $25,000, to refund one-half of the actual cost of instruction in such schools, but no school to.draw in any one year more than $500. At the session of 1877 the benefits of the act were extended to such high schools already established as shall show by a proper report that they have conformed to the requirements of the law. If towns- decline to establish such a school, one or more adjoining districts in the same have the privilege of doing so. The law has met with much favor. For the school year ending August 31, 1876 (the first year in which it was in operation), twenty such schools reported, and to these the sum of $7,466.50 was paid, being an average of ^373.32 per school. For the year ending August 31, 1878, eighty-five schools reported and received a pro rata division of the maximum appropriation. The high school law was primarily designed to bring to rural neighborhoods the twofold advantages -^f (i) a higher instruction than the common district schools afford, and (2) a better class of teachers for these schools. It was anticipated, however, from the first that the immediate results of the law would be chiefly the improvement of existing graded schools in the larger villages and in cities. School Officers. The school officers of Wisconsin are, a state superintendent of public instruction, sixty-four county superintendents, twenty-eight city superintendents, and a school board in each district, consisting of a director, treasurer, and clerk, The state and county superintendents hold office two years, the district officers three years. In each independent city there is a board of educa- tion, and the larger cities have each a city superintendent, who in some cases is also principal of the high school. IJe is appointed for one year. The county board of supervisors determine, within certain limits, the amount of money to be raised annually in each town and ward of their county for school purposes, levy an additional amount for the salary of the county superintend- ents, may authorize a special school tax, and may under certain circumstances determine that there shall be two superintendents for their county. The town board of supervisors have authority to form and alter school districts, to issue notice for first meeting, to form union districts for high school purposes, and appoint first boards for the same, to locate and establish school-house sites under certain circumstances, to extinguish districts that have neglected to maintain school for two years, and to dispose of the property of the same. The district clerks report annually to the town clerks, the town clerks to the county superintendents, and the county and city superintend- ents to the state superintendent, who in turn makes an annual report to the governor. State Teachers' Certificates. The state superintendent is authorized by law " to issue state certificates of high grade to teachers of eminent qualifications." Two grades of these are given, one unlimited, and the other good for five years. The examination is conducted by a board of three examiners appomted annually by the state superintendent, and acting under rules and regulations prescribed bv him. 148 HISTORY OF. WISCONSIN. Teachers' Associations. Besides the Wisconsin State Teachers' Association, holding its annual session in the summer and a semi-annual or " executive " session in the winter, there are, in several parts of the state, county or district associations, holding stated meetings. The number of such associations is annually increasing. Libraries. The utility of public libraries as a part of the means of popular enlightenment, was early recognized in this state. The constitution, as set forth in 1848, required that a portion of the income of the school fund should be applied to the " purchase of suitable libraries and appa- ratus " for the common schools. The same year the legislature of the state, at its first session, enacted that as soon as this income should amount to $60,000 a year (afterwards changed to $30,000), each t9wn superintendent might devote one tenth of the portion of this income received by his town annually, to town library purposes, the libraries thus formed to be distributed among the districts, in sections, and in rotation, once in three months. Districts were also empowered to raise money for library books. The operation of this discretionary and voluntary system was not successful. In ten years (1858) only about one third of the districts (1,121) had libraries, embracing in all but 38,755 volumes, and the state superintendent, Hon. Lyman C. Draper, urged upon the legislature a better system, of " town libraries," and a state tax for their creation and maintenance. In 1857, the legislature enacted that ten per cent, of the yearly income of the school fund should be applied to the purchase of town school libraries, and that an annual tax of one tenth of one mill should be levied for the same purpose. The law was left incomplete, how- ever, and in 1862, before the system had been perfected, the exigencies of the civil war led to the repeal of the law, and the library fund which had accumulated from the ten per cent, of the school fund income, and from the library tax, amounting in all to $88,784.78, was transferred to the general fund. This may be considered a debt to the educational interests of the slate that should be repaid. Meanwhile the single district library system languishes and yearly grows weaker. The re-enacting of a town library system, in which local effort and expenditure shall be stimulated and supplemented by State aid, has been recommended by the State Teachers' Association, and will, it is hoped, be secured, at no distant day, as a part of a complete town system of schools and of public education. List of State Superintendents. The act creating the office was passed at the first session of the state legislature, in 1848, The incumbents up to the present time have been as follows : NAME OF INCUMBENT. DURATION OF INCUMBENCY. Hon. E. Root ___ .Three years — 1849-50-51. Hon. A. P. Ladd Two years— 1852-53. Hon. H. A. Wright* One year and five months— 1854-55. Hon. A. C. Barry Two years ^nd seven months — 1855-56-57. Hon. L. C. Draper Two years— 1858-59. Hon. J. L. Pickardf.-.., ..-.Three years and nine months— 186&-61-62-63. Hon. J. G. McMynn Four years and three months— 1863-64-65-66-67. Hon. A. J. Craig:( Two years and six months— 1868-69-70. Hon. Samuel Fallows... Three years and six months— 1870-71-72-73. Hon. Edward Searing Four years— 1874-75-76-77. Hon. W. C. Whitford Two years— 1878-79. * Died, May 29, 1845. \ Resigned, October i, 1863. J Died, July 3, 1870. EDUCATIONAL HISTORY. 149 Sketches, OF Colllges in Wisconsin.* Beloit College was founded in 1847, at Beloit, under the auspices of the Congregational and Presbyterian churches of Wisconsin and northern Illinois. In 1848, Rev. Joseph Emerson and Rev. J. J. Bushnell were appointed professors, and in 1849, Rev. A. L. Chapin was appointed president, and has continued such until the present time The institution has had a steady growth, has maintained a high standard of scholarship and done excellent work, both in its pre- paratory and college departments. Two hundred and thirty-six young men have graduated. Its lands and buildings are valued at $78,000, and its endowments and funds amount to about $122,000. Lawrence University, at Appleton, under the patronage of the Methodist church, was organized as a college in 1850, having been an " institute " or academy for three years previous, under the Rev. W. H. Sampson. The first president was Rev. Edward Cook ; the second, R. Z. Mason ; the present one is the Rev. George M. Steele, D. D. It is open to both sexes, and has graduated 130 young men, and 68 young women. It still maintains a preparatory depart- ment. It has been an institution of great benefit in a new region of country, in the northeastern part of the state. Receiving a liberal donation at the outset from the Hon. Amos A. Lawrence, of Boston, it has land and buildings valued at $47,000, at Appleton, and funds and endowments amounting to $60,000. Milton College, an institution under the care of the Seventh Day Baptists, was opened as a college in 1867, having been conducted as an academy since 1844. Rev. W. C. Whitford, the president, was for many years the principal of the academy The institution has done much valuable work, particularly in preparing teachers for our public schools. The college has gradu- ated 38 young men and women, having previously graduated 93 academic students. It has lands, buildings and endowments to the amount of about $50,000. Ripon College, which was known till 1864 as Brockway College, was organized in 1853, at Ripen, and is supported by the Congregational church. Since its re-organization, in 1863, it has graduated 77 students (of both -sexes) in the college courses, and has always maintained a large and flourishing preparatory department. Under its present elBcicnt head, the Rev. E. H. Mer- rell, A. M., it is meeting with continued success. Its property amounts to about $125,000. Racine College was founded by the Episcopal Church, at Racine, in 1852, under the- Rev. Roswell Park, D. D., as its first President. It was for a long time under the efficient administra- tion of Rev. James De Koven, D. D., now deceased, who was succeeded by Rev. D. Stevens Parker. It maintains a large boys' school also, and a preparatory department. It was designed, in part, to train young men for the Nashotah Theological Seminary. It has property, including five buildings, to the amount of about g 180,000, and has graduated ninety-nine young men. Its principal work, in which it has had great success, is that of a boys' school, modeled somewhat after the English schools. The_ Seminary of St. Francis of Sales, an ecclesiastical school, was established at St. Fran- cis Station, near Milwaukee, chiefly by the combined efforts of two learned and zealous priests, the Rev. Michael Heiss, now bishop of La Crosse, and the Rev. Joseph Salzmann. It was opened in January, 1856, with Rev. M. Heiss as rector, and with 25 students. Rev. Joseph alzmann was rector from September, 1868, to the time of his death, January 17, 1874, since which time Rev. C. Wapelhorst has held the rectorship. The latter is now assisted by twelve professors, and the students number 267, of whom 105 are theologians, 31 students of philosophy, and the rest classical students. Pio Nono College is- a Roman Catholic institution, at St. Francis Station, in the immediate neighborhood of the Seminary of St. Francis. It was founded in 187 1, by Rev. Joseph Salzmann, * The statistics m this division were obtained in J877. and are for the Drevious vear. 150 HISTOEY OF WISCONSIN. who was the first rector. He was succeeded in 1874 by the present rector, Rev. Thomas Brue- ner, who is assisted by a corps of seven professors. Besides the college proper, there is a nor- mal department, in which, in addition to the education that qualifies for teaching in common and higher schools, particular attention is given to church music. There is also, under the same management, but in an adjoining building, an institution for the instruction of the deaf and dumb. The pupils in the latter, both boys and girls, numbering about 30, are taught to speak by sounds, and it is said with the best success. An institution was organized in 1865, at Prairie du Chien, under the name of Prairie du Chien College, and under the care of J. T. Lovewell, as principal. In ,the course of two or three years it passed into the hands of the Roman Catholic church, and is now known as St. John's College. It has so far performed principally preparatory work. Sinsinawa Mound College, a Roman Catholic institution, was founded in 1848, through the labors of Father Mazzuchelli, but after doing a successful work, was closed in 1863, and in 1867 the St. Clara academy was opened in the same buildings. The Northwestern University, which is under the Lutheran church, was organized in 1865, at Watertown, under Rev. August F. Ernst, as president. It has graduated 21 young men, and has a preparatory department. Its property is valued at $50,000. GaleSville University was organized in 1859, under the patronage of the Methodist church at Galesville, in the northwest part of the state. The first president was the Rev. Samuel Fal- lows, since state superintendent.. It has graduated ten young men and eight young women, its work hitherto having been mostly preparatory. It is now under the patronage of the Presby- terian denomination, with J. W. McLaury, A. M., as president. It has property valued at $30,000, and an endowment of about $50,000. Carroll College was established at Waukesha, by the Presbyterian church, in 1846. Prof. J. W. Sterling, now of the state university, taught its primary classes that year. Under President John A. Savage, D.D., with an able corps of professors, it took a high rank and graduated classes ; but for several years past it has confined its work principally to academic studies, tfnder W. L. Rankin, A. M.,the present principal, the school is doing good service. '^ Wayland University was established as a college, by the Baptists, at Beaver Dam, in 1854, bat never performed much college work. For three years past, it has been working under a new charter as an academy and preparatory school, and is now known as Wayland Institute, In 1841, the Protestant Episcopal church established a mission in the wilds of Waukesha county, and, at an early day, steps were taken to establish in connection therewith an institution of learning. This was incorporated in 1847, by the name of Nashotah House. In 1852 the classical school was located at Racine, and Nashotah House became distinctively a theological seminary. It has an endowment of one professorship, the faculty and students being otherwise sustained by voluntary contributions. It has a faculty of five protessors, with Rev. A. D. Cole, D.D., as president, buildings pleasantly situated, and has graduated 185 theological students. Female Colleges. Two institutions have been known under this designation. The Milwaukee Female College was founded in 1852, and ably conducted for several years, under the principalship of Miss Mary Mortimer, now deceased. It furnished an advanced grade of secondary instruction. The Wis- consin Female College, located at Fox Lake, was first incorporated in 1855, and re-organized in 1863. It has never reached a collegiate course, is now known as Fox Lake Seminary, and admits both sexes. Rev. A. O. Wright, A. M., is the present principal." AGRICULTURE. 151 Academies and Seminaries. The following institutions of academic grade, are now in operation : Albion Academy ; Benton Academy ; Big Foot Academy ; Elroy Seminary ; Fox Lake Seminary ; two German and English academies in Milwaukee ; Janesville Academy ; Kemper Hall, Kenosha ; Lake Geneva Seminary, Geneva; Lakeside Seminary, Oconomowoc; Marshall Academy, Marshall; Merrill Institute, Fond du Lac; Milwaukee Academy; Racine Academy; River Falls Institute; Rochester Seminary ; St. Catherine's Academy, Racine ; St. Clara Academy ; Si-nsinawa Mound ; St. Mary's Institute, Milwaukee ; Sharon Academy ; and Wayland Institute, Beaver Dam. Similar institutions formerly in operation but suspended or merged in other institu- tions, were : Allen's Grove Academy ; Appleton Collegiate Institute ; Baraboo Collegiate Insti- tute; Beloit Female Seminary; Beloit Seminary ;'Brunson Institute, Mount Hope; Evansville Sem, inary ; Janesville Academy (merged in the high school) ; Kilbourn Institute; Lancaster Institute; Milton Academy; Platteville Academy ; Southport Academy (Kenosha) j Waterloo Academy; Waukesha Seminary ; Wesleyan Seminary, Eau Claire ; and Patch Grove Academy. The most important of these were the Milton and Platteville Academies, the former merged in Milr ton College, the latter in the Platteville Normal School. Of the others, several were supersede^ by the establishment of public high schools in the same localities. Commercial Schools. Schools of this character, aiming to furnish what is called a business education, exist in Mil- waukee, Janesville, Madison, LaCrosse, Green Bay, Oshkosh and Fond du Lac. The oldest and largest is in Milwaukee, under the care of Prof. R. C. Spencer, and enrolls from two to three hundred students annually. e AGRICULTURE. By W. W. DANIELLS, M.S., Prof, of Chemistry and Agriculture at the University of'Wisconsin. The trend of the earliest industries of a country, is the result of the circumstances under which those industries are developed. The attention of pioneers is confined to supplying th immediate wants of food, shelter, and clothing. Hence, the firs tsettlers of a country are farm- ers, miners, trappers, or fishermen, according as they can most readily secure the means of pres- ent sustenance for themselves and their familie's. In the early history of Wisconsin this law is well exemplified. The southern part of the state, consisting of alternations of prairie and tim- ber, was first settled by farmers. As the country has developed, wealth accumulated, and means of transportation have been furnished, farming has ceased to be the sole interest. Manufactories have been built along the rivers, and the mining industry of the southwestern part of the state has grown to one of considerable importance. The shore of Lake Michigan was first mainly settled tied by fishermen, but the later growth of agriculture and manufactures has nearly overshadowed the fishing interest ; as has the production of lumber, in the north half of the state, eclipsed the trapping and fur interests of the first settlers. That the most important industry of Wisconsin is farming, may be seen from the following statistics of the occupation of the people as given by the United States census. Out of each one hundred inhabitants, of all occupations, 68 were 152 HISTORY OF WISCONSIlSr. farmers, in 1840; 52 in 1850; 54 in i860; 55 in 1870. The rapid growth of the agriculture of the state is illustrated by the increase in the number of acres of improved land in farms, and in the value of farms and of farm implements and rnachinery, as shown by the following table, com- piled from the United States census : YEAR. ACRES IMPROVED LAND IN FARMS. VALUE OF FARMS, INCLUDING IMPROV- ED AND UNIMPROV- ED LANDS. VALUE OF FARM IMPLEMENTS TOT.XL. TO EACH INHAB. AND MACHINERY. 1850 i860 1870 1,045,499 3,746,167 5.899.343 3-4 , 4.8 5.6 1 28,528,563 131,117,164 300,414,064 $ 1,641,568 5.758,847 14,239.364 Farming, at the present time, is almost entirely confined to the south half of the state, the northern half being still largely covered by forests. A notable exception to this statement is found in the counties on the western border, which are well settled by farmers much farther north. The surface of the agricultural portion of the state is for the most part gently undulating, afford- ing ready drainage, without being so abruptly broken as to render cultivation difficult. The soil is varied in character, and mostly very fertile. The southern portion of the state consists of undulating prairies of variable size — the largest being Rock prairie — alternating with oak openings. The prairies have the rich alluvial soil so characteristic of the western prairies, and are easily worked. The soil of th'e "openings " land is usually a sandy loam, readily tilled, fertile, but not as " strong '' as soils having more clay. The proportion of timber to prairie increases passing north from the southern boundary of the state, and forests of maple, basswood and elm, replace,^to some extent, the oak lands. In these lodalities, the soil is more clayey, is strong and fertile, not as easily tilled, and not as quickly exhausted as are the more sandy soils of the oak lands. In that portion of the state known geologically as the " driftless " region, the soil is invariably good where the surface rock is limestone. In some of the valleys, however, where the lime-rock has been removed by erosion, leaving the underlying sandstone as the surface rock, the soil is sandy and unproductive, except in those localities where a large amount of alluvial matter has been deposited by the streams. The soils of the pine lands of the north of the state, are generally sandy and but slightly fertile.. However, where pine is replaced by maple, oak, birch, elm and basswood, the soil is "heavier " and very fertile, even to the shores of Lake Superior. The same natural conditions that make Wisconsin an agricultural state, determined that during its earlier years the main interest should be grain-growing. The fertile prairies covering large portions of the southern part of the state had but to be plowed and sowed with grain to produce an abundant yield. From the raising of cereals the pioneer farmer could get the quickest returns for his labor. Hence in 1850, two years 'after its admission to the Union, Wis- consin was the ninth state in order in the production of wheat, while in i860 this rank was raised to third, Illinois and Indiana only raising more. The true rank of the state is not shown by these figures. Were the number of inhabitants and the number of acres of land in actual culti- vation taken into account in the comparison, the state would stand still higher in rank than is here indicated. There is the same struggle for existence, and the same desire for gain the world over, and hence the various phases of development of the same industry in different civilized countries is mainly the result of the widely varying economical conditions imposed upon that industry. Land is thoroughly cultivated in Europe, not because the Europeans have any inherent love for good cultivation, but because there land is scarce and costly, while labor is superabundant and cheap. In America, on tlie other hand, and especially in the newer states, AGEICULTURE. 158 land is abundant and cheap, while labor is scarce and costly. In its productive industries each country is alike economica,l in the use of the costly element in production, and more lavish in the use of that which is cheaper. Each is alike economically wise in following such a course when it is not carried to too great extremes. With each the end sought is the greatest return for the expenditure of a given amount of capital. In accordance with this law of economy, the early agriculture of Wisconsin was mere land-skimming. Good cultivation of the soil was never .thought of The same land was planted successively to one crop, as long as it yielded enough to pay for cultivation. The economical principle above stated was carried to an extreme. Farm- ing as then practiced was a quick method of land exhaustion. It was always taking out of the purse, and never putting in. No attention was paid to sustaining the soil's fertility. The only aim was to secure the largest crop for the smallest outlay of capital, without regard to the future. Manures were never used, and such as unavoidably accumulated was regarded as a great nuis- ance, often rendering necessary the removal of stables and outbuildings. Straw-stacks were invariably burned as the most convenient means of disposing of them. Wheat, the principal product, brought a low price, often not more than fifty cents a bushel, and had to be marketed by teams at some point from which it could be carried by water, as this was, at an early day, the only tneans of transportation. On account of the' sparse settlement of the country, roads were poor, and the farmer, after raising and threshing his wheat, had to spend, with a team, from two to five days, marketing the few bushels that a team could draw. So that the farmer had every obstacle to contend with except cheap and very fertile land, that with the poorest of cultivation gave a comparatively abundant yield of grain. Better tillage, accompanied with the use of manures and other fertilizers, would not, upon the virgin soils, have added sufficiently to the yield to pay the cost of applying them. Hence, to the first farmers of the s\a.te, poor farming was the only profitable farming, and consequently the only goo/i farming, an agriculturo-economical paradox from which there was no escape. Notwithstanding the fact that farmers could economi- cally follow no other system than that of land-exhaustion, as described, such a course was none the less injurious to the state, as it was undermining its foundation of future wealth, by destroy- ing the fertility of the soil, that upon which the permanent wealth and prosperity of every agri- cultural community is. first dependent. Besides this evil, and together with it, came the habit of loose and slovenly farming acquired by pioneers, which continued after the conditions making that method a necessity had passed away. With the rapid growth of the northwest came better home markets and increased facilities for transportation to foreign markets, bringing with them higher prices for all products of the farm. As a consequence of these better conditions, land in farms in the state increased rapidly in value, from $9.58 per acre in 1850, to $16.61 in i860, an increase of 62 per cent., while the total number of acres in farms increased during the same time from 2,976,658 acres to 7,893,587 acres, or 265 per cent. With this increase in the value of land, and the higher prices paid for grain, should have come an improved system of hus- bandry which would prevent the soil from deteriorating in fertility. This could have been accomplished either by returning to the soil, in manures and fertilizers, those ingredients of which it was being rapidly drained by continued grain-growing, or by the adoption of a system of mixed husbandry, which should include the raising of stock and a judicious rotation of crops. Such a system is sure to come. Indeed, it is now slowly coming. Great progress upon the earlier methods of farming have already been made. But so radical and thorough a change in the habits of any class of people as that from the farming of pioneers to a rational method that will preserve the soil's fertility and pay for the labor it demands, requires many years for its full accomplishment. It will not even keep pace with changes in those economical conditions which 154 HISTORY OF WISCONSIN. favor it. In the rapid settlement of rhe northwestern states this change has come most rapidly with the replacement of the pioneer farmers by immigrants accustomed to better methods of culture. In such cases the pioneers usually 'go west'' again, to begin anew their frontier farming upon virgin soil, as their peculiar method of cultivation fails to give them a livelihood. In Wis- consin as rapid progress is being made, in the system of agriculture as, all things considered, could reasonably be expected. This change for the better has been quite rapid for the past ten years, and is gaining in velocity aijd momentum each year. It is partly the result of increased intelligence relating to farming, and partly the result of necessity caused by the unprofitableness of the old method. The estimated value of all agricultural products of the state, including that of orchards, market gardens, and betterments, was, in 1870, as given in the census of that year, $79,072,967, which places Wisconsin twelfth in rank among the agricultural states of the Union. In 1875, according to the " Report of the Commissioner of Agriculture," the value of the principal farm crops in this state was $58,957,050. According to this estimation the state ranks ninth in agri- cultu'-al importance. As has been before stated, Wisconsin is essentially a grain-growing state. This interest has been the principal one, not because the soil is better adapted to grain-growing than to general, stock, or dairy farming, but rather because this course, which was at an early day most immediately profitable, has been since persistently followed from force of habit, even after it had failed to be remunerative. ri;ie following table shows the bushels of the different grains raised in the state for the years indicated : Year. WHEAT. RYE. CORN. OATS. BARLEY. BUCK- WHEAT. 1850--.. i860.,.. 1870.... 1875*-- 4,286,131 i5.657.458 25,606,344 25,200,000 81,253 888,544 1.325,294 1,340,000 1,988,979 7,517.300 15,033,988 15,200,000 3,414,672 11,059,260 20,180,016 • 26,600,000 209,672 707,307 1,645,019 2,200,000 79,878 38,987 408,897 275,000 From these statistics it will be seen that the increase in the production of grain was very rapid up to 1870, while since that time it has been very slight. This rapid increase in grain raising is first attributable to the ease with which this branch of farming was carried on upon the new and very rich soils of the state, while in the older states this branch of husbandry has been growing more difficult and expensive, and also to the fact that the war in our own country so increased the demand for grain from 1861 to 1866 as to make this course the most immediately profitable. But with the close of the war came a diminished demand. Farmers were slow to recognize this fact, and change the character of their productions to accord with the wants of the market, but rather continued to produce the cereals in excess of the demand. The chinch bug and an occasional poor season seriously injured the crops, leaving those who relied princi- pally upon the production of grain little or nothing for their support. Hard times resulted from these poor crops. More wheat and corn was the farmer's usual remedy for hard times. So that more wheat and corn were planted. More crop failures with low prices brought harder times until gradually the farmers of the state have opened their eyes to the truth that they can surceed in other branches of agriculture than grain growing, and to the necessity o,f catering Xo the ♦Estimated in report of commissioner of agriculture. AGEICULTURE. 155 demands of the market. The value in 1869 of all farm products and betterments of the state was $79,072,967. There were raised of wheat the same year 25,606,344 bushels, which at $1.03 per bushel, the mean price reported by the Milwaukee board of trade, for No. 2 wheat (the lead- ing grade), for the year ending July 31, 1870, amounts to $26,374,524, or one third the value of all agricultural products and betterments. The average production per acre, as estimated by the commissioner of agriculture, was 14 bushels. Hence there were 1,829,024 acres of land devoted to this one crop, nearly one third of all the improved land in the state. Of the wheat crop of 1869 24,375,43s bushels were spring wheat, and 1,230,909 bushels were winter wheat, which is 19.8 bushels of spring to i bushel of .winter wheat. The latter is scarcely sown at all on the prairies, or upon light opening soils. In some of the timbered regions hardy varieties do well, but it is not a certain crop, as it is not able to withstand the winters, unless covered by snow or litter. It is not injured as seriously by the hard freezing, as by the alternate freezing and thawing of Feb- ruary and March. The continued cropping of land with grain is a certain means of exhausting the soil of the phosphates, and of those nitrogenous compounds that are essential t6 the production of grain, and yet are present even in the most fertile soils in but small quantities. To the diminished yield, partly attributable to the overcrdpping of the land, and partially to poor seasons and chinch bugs, and to the decline in prices soon after the war, owing to an over production of wheat, may largely be attributed the hard times experienced by the grain growing farmers of Wisconsin from 1872 to 1877. The continued raising of wheat upon the same land, alternated, if any alternation occurred, with barley, oats, or corn, has produced its sure results. The lesson has cost the farmers of the state dearly, but it has not been altogether lost. A better condition of affairs has already begun. Wheat is gradually losing its prestige as the farmers' sole dependence, while stock, dairy, and mixed farming are rapidly increasing. The number of bushels of wheat raised to each inhabitant in the state was in 1850 fourteen, in i860 twenty-three and eight tenths, in 1870 twenty-four, and in 1875 twenty and four tenths. These figures do not indicate a dimin- ished productiveness of the state, but show, with the greatly increased production in other branches of husbandry, that farmers are changing their system to one more diversified and rational. Straw stacks are no longer burned; and manure heaps are not looked upon as altogether useless. Much more attention is now paid to the use of fertilizers. Clover with plaster is looked upon with constantly increasing favor, and there is a greater seeking for light upon the more difficult problems of a profitable agriculture , Corn is' raised to a large extent, although Wisconsin has never ranked as high in corn, as in wheat growing. Sixteen states raised more corn in 1870 than this state, and in 1875, seventeen states raised more. Corn requires a rich, moist soil, with a long extended season of warm sun- shine. While this crop can be raised with great ease in the larger portion of the state it will always succeed better farther south, both on account of, the longer summers and the greater amount of rainfall. According to the statistics of the commissioner of agriculture, the average yield per acre for a period of ten years, is about 30 bushels. Corn is an important crop in the economy of the farmer, as from it he obtains much food for his stock, and it is his principal dependence for fattening pork. On these accounts it will, without doubt, retain its place in the husbandry of the state, even when stock and dairy farming are followed to a much greater extent than at present. Barley is cultivated largely throughout the state, but five states produced more in 1870, than Wisconsin. The great quantity of beer brewed here, furnishes a good home market for this grain. Barley succeeds best in a rather moist chmate, ha.ving a long growing season. The dry, short summers of Wisconsin, are not well adapted to its growth. Hence the average 156 HISTORY OF WISCONSIN. yield is but a medium one, and the quality of the grain is only fair. According to the returns furnished the commissioner of agriculture, the average yield for a period of tfrn years, is 22 bushels per acre. Next to wheat, more bushels of oats are raised than of any other grain. Wisconsin was, in i860, fifth in rank among the oat-growing states; in 1870, sixth. The rich soils of the state raise an abundant crop of oats with but little labor, and hencetheir growth in large quantities is not necessarily an indication of good husbandry. They will bear poor cultivation better than corn, and are frequently grown upon land too weedy to produce that grain. It is a favorite grain for feeding, especially to horses. With the best farmers, oats are looked upon with less favor than corn, because it is apt to leave land well seeded with weeds which are difficult to exterminate. In the production of rye, Wisconsin ranked seventh in i860, and fourth in 1870. It is a much surer crop in this state than winter wheat, as it is less easily winter-killed when not protected by snow, than is that grain. Besides, it ripens so early as not to be seriously injured by drouth in summer, and succeeds well even upon the poorer soils. The average yield per acre is about 16 bushels, But few hops were grown in Wisconsin, Up to i860, when owing to an increased demand by the breweries f the state, there was a gradual but healthful increase in hop culture. A few years later the advent of the hop louse, and other causes of failure at the east, so raised the price of. hops as to make them a very profitable crop to grow. Many acres were planted in this state from 1863 to 1865, when the total product was valued at nearly $350,000. The success of those engaged in this new branch of farming, encouraged others to adopt it. The profits were large. Wheat growing had not for several years been remunerative, and in 1867 and 1868, the " hop fever " became an epidemic, almost a plague. The crop of Sauk county alone was estimated at over 4,066,000 pounds, worth over $2,000,000. The quaHty of the crop was excellent, the yield large, and the price unusually high. The secretary of the State Agricultural society says, in his . report for that year, " Cases are numerous in which the first crop has paid for the land and all the improvements." To many farmers hop raising appeared to offer a sure and speedy course to wealth. But a change came quickly. The hop louse ruined -the crop, and low prices caused by over production, aided in bringing ruin to many farmers. In 1867, the price of hops was from 40 to 55 cents per pound, while in 1869 it was from 10 to 15 cents, some of poor quality selling as low as 3 cents. Many hop yards were plowed up during 1869 and 1870. The area under cultivation to this crop in 1875, was, according to the " Report of the Secretary of State," 10,932 acres. The production of tobacco has greatly increased since i860, when there were raised in the state 87,340 pounds. In 1870, the product was 960,813 pounds. As is well known, the quality of tobacco grown in the northern states is greatly inferior for chewing and smoking, to that grown in the south, although varieties having a large, tough leaf, suitable for cigar wrappers, do well here. The variety principally grown is the Connecticut seed leaf Tobacco can only be grown successfully on rich, fertile soils, and it is very exhausting to the land. Of the amount produced in 1870, there were raised in Rock county 645,408 pounds, and in Dane county, 229,568 pounds; the entire remaining portion of the state raised but 85,737 pounds. According to the report of the secretary of state, the whole number of acres planted to tobacco in 1875, was 3,296. Of this amount Rock county planted 1,676 acres, and Dane county, 1,454 acres, leaving for the remain- der of the state but 166 acres. While the crop has been fairly productive and profitable, these statistics show that up to the present time tobacco- raising has been a merely local interest. The production of flax is another merely local industry, it being confined principally to the AGEICULTUEE. ' 157 counties of Kenosha, Grant, Iowa and LaFayette. Of flax fibre, Kenosha county raised in 1869, nearly four fifths of the entire amount grown in the state, the total being 497,398 pounds. With the high price of labor and the low price of cotton now ruling, it is scarcely possible to make the raising of flax fibre profitable. Flax seed is raised to a small extent in the other counties men- tioned. The present price of oil makes this a fairly profitable crop. If farmers fully appreciated that in addition to the oil, the oil cake is of great value as a food for cattle and sheep, and also that the manure made by the animals eating it, is of three times the value of that made by ani- mals fed upon corn, doubtless much more flax seed would be raised than is at present. Ameri- can oil-cake finds a ready market in England, at prices which pay well for its exportation. If English farmers can afford to carry food for their stock so far, American farmers may well strive to ascertain if they can afford to allow the exportation of so valuable food. When greater atten- tion is paid in our own country to the quality of the manure made by our stock, more oil-cake will be fed at home, and a much smaller proportion of that made here will be exported. The amount of maple sugar produced diminishes as the settlement of the state increases, and is now scarcely suflScient in amount to be an item in the state's productions. The increase in the price of sugar from 1861 to 1868 caused many farmers to try sorghum raising. But the present low prices of this staple has caused an abandonment of the enterprise. Two attempts have been made in Wisconsin to manufacture beet-root sugar, the first at Fond du Lac in 1867 the second at Black Hawk, Sauk county, in 1870. The Fond du Lac company removed their works to California in 1869, not having been successful in their efforts. The Black Hawk com- pany made, in 1871, more than 134,000 pounds of sugar, but have since abandoned the business. Both these failures may be attributed to several causes, first of which was the want of sufficient capital to build and carry on a factory sufficiently large to enable the work to be done economi- cally ; secondly, the difficulty of sufficiently interesting farmers in the business to induce them to raise beets on so large a scale as to warrant the building of such a factory; and, thirdly, the high price of labor and the low price of sugar. The quality of beets raised was good, the polarization test showing in many instances as high as sixteen per cent, of sugar. The larger proportion of hay made in the state is from the natural meadows, the low lands or marshes, where wild grasses grow in abundance, and hay only costs the cutting and curing. Cultivated grasses do well throughout the state, and " tame hay " can be made as easily here as elsewhere The limestone soils, where timber originally grew, are of the uplands, most natural to grass, and, consequently, furnish the richest meadows, and yield the best pasturage. Ye e only soils where grasses do not readily grow, are those which are so sandy and dry as to be nearly barrens. Clover grows throughout the state in the greatest luxuriance. There is occasionally a season so dry as to make " seeding down " a failure, and upon light soils clover, when not covered with snow, is apt to win- ter-kill. Yet it is gaining in favor with farmers, both on account of the valuable pasturage and hay it affords, and on account of its value as a soil renovator. In wheat-growing regions, clover is now recognized to be of the greatest value in a " rotation," on account of its ameliorating influence upon the soil. Throughout the stock and dairy regions, clover is depended upon to a large extent for pasturage, and to a less extent for hay. There has been a growing interest in stock raising for the past ten years, although the increase has not been a rapid one. Many of the herds of pure-blood cattle in the state rank high for their great excellence. The improvement of horses has been less rapid than that of cattle, sheep, and swine ; yet this important branch of stock farming is improving each year. The most attention is given to the improvement of draught and farm horses, while roadsters and fast horses are not altogether neglected. There are now owned in the state a large number of horses of the heavier English and French breeds, which are imparting to their progeny their own characteristics 158 HISTORY OF WISCON^SIN. of excellence, the effects of which are already visible in many of the older regions of the state. Of the different breeds of cattle, the Short-horns, the Ayrshires, the Devons, and the Jerseys are well represented. The Short-horns have met with most favor with the general farmer, the grades of this iDreed being large, and possessing in a high degree the quiet habits and readiness to fat- ten, so characteristic of the full-bloods. Without doubt, the grade Short-horns will continue in the high favor in which they are now held, as stock-raising becomes a more important branch of the husbandry of the state. Of pure blood Short-horns there are many herds, some of which are of the very highest excellence. At the public sales of herds from this state, the prices have ranked high universally, and in a few cases have reached the highest of "fancy" prices, showing the estimate placed by professional breeders upon -the herds of Wisconsin. The Ayr- shires are increasing in numbers, and are held in high esteem by many dairymen. They are not yet, however, as generally disseminated over the state, as their great merit as a milking breed would warrant. The rapid growth of the dairy interest will doubtless- increase their numbers, greatly, at least as grades, in the dairying region. Of pure' bred Devons and Jerseys, there are fewer than of the former breeds. The latter are principally kept in towns and cities to furnish milk for a single family. The following table shows the relative importance of stock raising in the state for the years mentioned. The figures are an additional proof to those already given, that the grain industry has held sway in Wisconsin to the detriment of other branches of farming, as well as to the state's greatest increase in wealth. YEAR. WHOLE NUM- BER OF NEAT CATTLE. NO. TO EACH TOO ACRES OF IMPROVED LAND. WHOLE NUM- BER OF SHEEP. NUMBER TO EACH 106 ACRES OF IMPROVED LAND. POUNDS OF WOOL PRO- DUCED. FOUNDS OF WOOL PER HEAD. 1850.... ... i860.-- 1870 1875* 183,433 521,860 693,294 922,900 17 14 12 II 124,896 332,954 1,069,282 1,162,800 12 9 18 14 253,963 1,011,933 4,090,670 (?) 2.03 304 .3.82 (?) * Estimated in report of commissioner of agriculture. The growth and present condition of sheep husbandry, compare much more favorably with the general development of the state than does that of cattle raising. In a large degree this - may be accounted for by the impetus given to wool raising during our civil war by the scarcity of cotton, and the necessary substitution to a great extent, of woolen for cotton goods. This great demand for wool for manufacturing purposes produced a rapid rise in the price of this staple, making its production a very profitable branch of farming. With the close of the war came a lessened demand, and consequently lower prices. Yet at no time has the price of wool fallen below that at which it could be profitably produced. This is the more notably true when the value of sheep in keeping up the fertility and productiveness of land, is taken into account. The foregoing table shows the improvement in this branch of husbandry since 1850 Although many more sheep might profitably be kept in the state, the above figures show that the wool interest is fairly developed, i.nd the average weight of fleece is an assurance of more than ordinarily good stock. The fine-wooled sheep and their grades predominate, although there are in the state some excellent stock of long-wools — mostly Cotswold — and of South- downs. Of all the agricultural interests of the state, no other has made as rapid growth during the last ten years, as has that of dairying. With the failure of hop-growing, began the growth zf the factory system of butter and cheese making, and the downfall of the one was scarcely more- rapid than has been the upbuilding of the other. The following statistics of the production of butter and cheese illustrate this rapid progress. It will be remembered that for the years 1850, AGEICULTURE. 159 i860, and 1870 the statistics are from the U. S. census, and hence include all the butter and cheese made in the state, while for the remaining years, only that made by factories and pro- fessional dairymen as reported to the secretary of the State Dairymen's Association, is included It has been found impossible to obtain the statistics of butter, except for the census years. YEAR. BUTTER. jche.se. 1850 i860 1870. -. 1874 1871; lbs. . 3.633.750 13,611,328 22,473.036 lbs. 400,283 1,104.300 1,591.798 13,000.000 15,000.000 17,000,000 1876 --- The quality of Wisconsin dairy products is excellent, as may be judged by the fact that, at the Centennial Exhibition, Wisconsin cheese received twenty awards, a larger number than ^jvas given to any other stat6 except New York, and for butter Wisconsin received five awards. No state received more, and only New York 3hd Illinois received as many. Wisconsin received one award for each fourteen cheeses on exhibition No other state received so large a proportion. New York received the largest number of awards, viz., twenty-one, but only secured one award for each thirty cheeses on exhibitioii. The number of cheese and butter factories is increasing each year, and there is being made in the better grazing regions of the state, as rapid a transition from grain to dairy-farming as is consistent with a healthful growth. This interest, which is now an important one in the state's industrial economy, has before it a promising future, both in its own development, and in its indirect influence upon the improvement of the agriculture of the state. The history of the earlier attempts in fruii raising in Wisconsin would be little more than a record of failures. The pioneers planted apple, peach, plum, and cherry trees, but they gathered little or no fruit. As was natural, they planted those varieties that were known to do well in the older states of the same latitude. Little was known of the climate, and there was no apparent reason why those varieties should not do well here. The first orchards died The same varie- ties were replanted, and again the orchards died. Gradually, through the costly school of experience, it was learned that the climate was different from that of the eastern states, and that to succeed here varieties of fruit must be such as were adapted to the peculiar climate of this state. These peculiarities aie hot, and for the most part, dry summers, cold and dry winters. The dryness of the climate has been the greatest obstacle to success, as this is indirectly the cause of the great extremes of temperature experienced here. The summers are often so dry that the growth of the trees is not completed, and the wood sufficiently well ripened to enable it to with- stand the rigors of winter. And the clear, dry atmosphere of winter allows the sun's rays to pass through it so unobstructedly as to warm the body of the tree upon the sunny side, above the freezing point, even though the temperature of the air is much lower. The alternate thawing and freezing ruptures the tender cells connecting the bark and wood, producing a complete sepa- ration of these parts, and often besides bursts the bark. The separation of bark and wood destroys the circulation of the sap upon that side of the tree, thus enfeebling the entire plant. The tree is not able to form new bark over the ruptured part, and a diseased spot results. Such a plant makes but a feeble growth of poorly ripened wood, and soon dies 160' HISTORY OF WISCONSIN. altogether. Besides the above cause, the extreme cold weather occasionally experienced will kill healthy trees of all varieties not extremely hardy. Notwithstanding these natural obstacles, a good degree of success has been attamed in the raising of apples and grapes. This success has been the result of persevering effort upon the part of the horticulturists of the state, who have sought th.e causes of failure in order that they might be removed or avoided. It is thus by intel- ligent observation that the fruit growers have gained the experience which brings with it a creditable success. The first requisite to success is the planting of varieties sufficiently hardy to withstand our severe winters. This has been accomplished by selecting the hardiest of the old varieties, and by raising seedlings, having besides hardiness, qualities sufficiently valuable to make them worthy of cultivation. The second requisite to success is in the selection of a situa- tion having suitable soil and exposure, and thirdly, proper care after planting. Among the -hardy varieties of apples regarded, with greatest favor are Tetofski, Red Astrachan, and Duchess of Oldenberg, all Russian varieties, and Fameuse from Canada. Besides these there are a few American varieties so hardy as to prove reliable in the south half of the state. Among these are a few seedlings that have originated in Wisconsin. Apple trees are less apt to be injured by the wirfter upon a site sloping to the northeast or north, where they are less directly exposed to the rays of the winter's sun. High ground is much better than low, and a good, strong, not too rich soil is best. Apples do better upon soils where timber originally grew than on the prairies^ and they are grown more easily along the border of Lake Michigan than in the interior of the state. Pears are raised to but a slight extent, as only a few of the hardiest varieties will succeed at all, and these only in favorable situations. Grapes are grown in great abundance, and in great perfection, although not of the more tender varieties. The Concord, on account of its hardiness and excellent' bearing qualities, is cultivated most generally. Next to this comes the Delaware, while many other varieties, both excellent and prolific, are raised with great ease. The season is seldom too short to ripen the fruit well, and the only precaution necessary to protect the vines during the winter is a covering of earth or litter. Cranberries grow spontaneously upon many marshes in the interior of the state. Within a few years considerable attention has been given to improving these marshes, and to the cultivation of this most excellent fruit. Doubtless within a few years the cranberry crop will be an important one among the fruit pro- ductions of the state. All of the small fruits adapted to this latitude are cultivated in abundance, and very successfully, the yield being often times exceedingly large. Altogether, the horticul- tural interests of the state are improving, and there is a bright prospect that in the near future fruit growing will not be looked upon with the disfavor with which it has been regarded here- tofore. Of the associations for advancing the agricultural interests of the state, the first organized was the " State Agricultural Society." The earliest efforts to establish such an organization were made at Madison in December, 1846, during the session of the first constitutional convention of the territory. A constitution was adopted, but nothing further was done. In February, 1849 another meeting was helcj in Madison, at which it was " Resolved, That in view of the great importance of agriculture in the west, it is expedient to form a state agricultural society in Wisconsin." Another constitution was adopted, and officers were elected, but no effectual organization resulted from this second attempt. The "Wisconsin State Agricultural Society" — the present organization— had its inception in a meeting held at Madison, March 8, 1851, at which a committee was appointed to report a constitution and by-laws, and to nominate persons to fill the various offices of said society. At its organization, the society was composed of annual members, who paid one dollar dues each year, and of life members, who, upon the payment of ten dollars, were exempt from the annual contribution. The annual membership was afterward AGEICULTUEE. 161 abolished, and in 1869 the fee constituting one a life member was raised to twenty dollars. The first annual fair of the society was held in Janesville, in October, 1851 Fairs have been held annually since, except during the years 1861, 1862 and 1863. In 185 1 premiums were paid to the amount of only $140, while at the present time they amount to nearly $10,000. In 1851 there were five life members. At the present time there are over seven hundred, representing all the various industries of the state. The fairs held under the auspices of this society have been of excellent character, and have been fruitful of good to ail the industries of the state, but more especially to the farmers. The state has been generous m aid of this society, having furnished commodious rooms for its use in the capitol building, printed the annual report of the secretary, a volume of about 500 pages, and donated annually, for many years, $2,000 toward its support. Besides its annual fairs, for the past five years there has been held an annual convention, under the auspices of this society, for the reading and discussing of papers upon topics of interest to farmers, and for a general interchange of ideas relating to farming. These conventions are held in high esteem by the better class of farmers, and have added greatly to the usefulness of the society. The " Wisconsin State Horticultural Society" was .originally the "Wisconsin State Fruit Growers' Association," which was organized in December, 1853, at Whitewater. Its avowed object was "the collecting, arranging, and disseminating facts interesting to those engaged in the culture of fruits, and to embody for their use the results of the practice and experiments of fruit growers in all parts of the state." Exhibitions and conventions of the association were held annually up to i860, after which the society was disorganized, owing to the breaking out of the war of the rebellion A volume of " Transactions " was published by the association in 1855. In 1859 its transactions were published with those of the state agricultural society. From i860 to 1865 no state horticultural association was in existence. In September of the latter year the " Wisconsin Fruit Growers' Association " was reorganized as the " Wisconsin State Hor- ticultural Society.'' The legislature had previously provided for the publication of the proceedings of such a society, in connection with those of the State Agricultural Society. The new society has held annual exhibitions, usually in connection with those of the State Agricultural Society, and annual conventions for the reading of papers upon, and the discussion of, horticultural subjects. In 1871 an act was passed by the legislature incorporating the society, and providing for the separate printing of 2,000 copies annually of its transactions, of which there are now seven volumes. The most active, intelligent, and persevering of the horticulturists of the state are members of this "association, and to their careful observation, to their enthusiasm and determined persistence in seeking means to overcome great natural difficulties, the state is largely indebted for the success already attained in horticulture. Besides these state associations, there are many local agricul- tural and horticultural societies, all of which have been useful in aiding the cause for which they were organized. Farmers' clubs and granges of the "Patrons of Husbandry" have also done much, both directly and indirectly, to promote the industrial interests of the state. By theu frequent meetings, at which discussions are held, views compared, and experiences related, much valuable intelligence is gained, thought is stimulated, and the profession of farming advanced. As agriculture, like all kindred professions, depends upon intelligence to direct its advancement, all means intended to stimulate thought among farmers will, if wisely directed, aid in advancing this most complex of all industries. To those above named, and to other like associations, is in a large degree to be attributed the present favorable condition of th« agriculture of the state. Wisconsin is yet, comparatively, a new State. It was mainly settled by men who had little moneyed capital. Markets were distant, and means of transportation poor. The early settlers had consequently 1 1 struggle for a livelihood in the face of the greatest difficulties. When these opposirg 162 HISTOEY or WISCONSIN. circumstances are taken into account, and the improvement in methods of culture, and changes from grain to stock and dairy-farming that are now being made, are given their due weight, it must be acknowledged that the present condition of the agriculture of the state is excellent, and that the future of this most important industry is rich in promise of a steady, healthful growth, toward a completer development of all the agricultural resources of the state. MINERAL RESOURCES. By ROLAND D. IRVING, Professor of Geology, etc., at the University of Wisconsin. The useful mineral materials that occur within the limits of the state of Wisconsin, come under both of the two grand classes of such substances : the metallic ores, from which the metals ordinarily used in the arts are extracted ; and the non-metallic substances, which a:re used in the arts for the most part without any preliminary treatment, or at least undergo only a very partial alteration before being utilized. Of the first class are found in Wisconsin the ores of lead, zinc, iron and copper, besides minute traces of the precious metals ; of the second class, the principal substances found are brick-clay, kaolin, cement-rock, limestone for burning into quick-lime, limestone for flux, glass sand, peat and building stone. LEAD AND ZINC. These metals are considered together because they are found occurring together in the same region and under exactly the saine circumstances, being even obtained from the same openings. Lead has for many years been the most important metallic production of Wisconsin, and, together with zinc, whose ores have been utilized only since i860, still holds this prominent position, although the production is hot so great as formerly. Small quantities of lead and zinc ores have been found in the crystalline (Archaean) rocks of the northern part of the state and in the copper- ' bearing rocks of the Lake Superior country, but there' are no indications at present that these regions will ever produce in quantity. AH of the lead and zinc obtained in Wisconsin comes then from that portion of the southwestern part of the state which lies west of Sugar river and south of the nearly east and west ridge that forms the southern side of the valley of the Wis- consin, from the head of Sugar river westward. This district is commonly known in Wisconsin as the "Lead Region," and forms the larger part of the "Lead Region of the Upper Missis- sippi," which includes also smaller portions of Iowa and Illinois. What European first became acquainted with the deposits of lead in the upper portion of valley of the Mississippi is a matter of some doubt. Charlevoix (Histdire de la Nouvelle France, III, 397, 398.) attributes the discovery to Nicolas Perrot, about 1692; and states that in r72i the deposits still bore Perrot's name. Perrot himself, however, in the only one of his writings that remains, makes no mention of the matter. The itinerary of Le Sueur's voyage up the Mississippi, 1 700-1 701, given in La Harpe's History of Louisiana, which was written early in the 18th century, shows that the former found lead on the barfks of the Mississippi, not far from MINERAL RESOURCES. 163 the present southern boundary of Wisconsin, August 25, 1700. Captain Jo'hathan Carver, 1766, found lead in abundance at the Blue Mounds, and found the Indians in all the country around in possession of masses of galena, which they had obtained as " float mineral," and which they were incapable of putting to any use. There is no evidence of any one mining before Julien Dubuque, who, 1788 to 1809, mined in the vicinity of the flourishing city which nowbears his name. After his death in 1809 nothing more was done until 182 1, when the attention of American citizens was first drawn to the rich lead deposits of this region. By 1827, the mining had become quite general and has continued to the present time, the maximum production having been reached, however, between the years 1845 and 1847. The following table, prepared by the late Moses Strong, shows the mineral production of southwestern Wisconsin for the years i860 to 1873 in pounds: YEARS. GALENA. SMITHSONITE. YEAR. GALENA. SMITHSONITE. BLENDE. i860 l86i 320,000 266,000 1,120,000 ■ 3.173.333 4,198,200 7,373.333 1867 1868 1S69 1870 1871 1872 1873 13.820,784 13.869,619 13,426,721 13.754.159 13,484.210 11,622,668 9.919.734 5.181,445 4.302,383 4.547.971 4.429.585 16,618,160 27,021,383 18,528,906 841,310 3,078,435 1862 1863 1864 1865 1866 17,037,912 15,105.57? 13.014,210 14.337,895 14,029,192 6,252,420 7,414,022 9,303.625 16,256,970 15,074,664 Until within the last decade the lead mines of the Mississippi valley, including now both the " Upper " and the " Lower " regions — the latter one of which lies wholly within the limits of the state of Missouri — have far eclipsed the rest of the United States in the production of lead, the district being in fact one of the most important of the lead districts in the world. Of late years, however, these mines are far surpassed in production by the " silver-lead " mines of Utah and other Rocky Mountain regions, which, though worked especially for their silver, produce incidentally a very large amount of lead. Nevertheless, the mines of the Mississippi valley will long continue to be a very important source of this metal. The leald ore of the Wisconsin lead region is of one kind only, the sulphide known as galena, or galenite. This ore, when free from mechanically mingled impurities, contains 86.6 per cent, of lead, the balance being sulphur. Small quantities of other lead ores are occasionally found in the uppermost portions of the deposits, having been produced by the oxidizing influence of the atmosphere. The chief one of these oxidation products is the earthy carbonate known as cerussite. Galena almost always contains some silver, commonly enough to pay for its extraction. The Wisconsin galenas, however, are unusually free from silver, of which they contain only the merest trace. The zinc ores are of two kinds, the most abundant being the ferruginous sulphide, or the "black-jack " of the miners The pure sulphide, sphalerite, contains 67 per cent, of zinc, but the iron-bearing variety, known minerallogically as marmatite, generally contains 10 per cent, or more of iron. A ferruginous variety of the carbonate, smithsonite, also occurs in abundance, and is known to the miners as "dry-bone," the name being suggested by the peculiar structure of the ore. Both lead and zinc ores occur in limited deposits in a series of limestone beds belonging to the Lower Silurian series. The lead region is underlaid by a nearly horizontal series of strata, with an aggregate thickness of 2,000 feet, which lie upon an irregular surface of ancient crystal- line rocks (gneiss, granite; 6tc.). The names and order of succession of the several strata are indicated in the following scheme, the last named being the lowest in the series : 164 HISTORY OF WISCONSIN. Formation, Thickness. Niagara dolomitic limestone - 300— 3"° feet. Cincinnati sliales 60 — 100 / Galena dolomitic limestone 250 — 275 Lead Horizon ■< Blue limestone 5° — 75 " ( Buff dolomiticlimestone 15 — 20 " Lower Magnesian (doloHiitic) limestone 250 Potsdam sandstone series _. 800 — 1000 " The first two of these layers, in the Wisconsin part of the lead region, are met with only in a few isolated peaks and ridges. The prevailing surface rock is the Galena limestone, through which, however, the numerous streams cut in deep and narrow valleys which not unfrequently are carved all the way into the Lower Magnesian. The lead and zinc ores are entirely confined to the Galena, Blue and Buff limestones, an aggregate vertical thickness of some 350 to 375 feet. The upper and lower strata of the series are entirely barren. Zinc and lead ores are found in the same kind of deposits, and often together; by far the larger part of the zinc ores, however, come from the Blue and Buff limestones, and the lowest layers of the Galena, whilst the lead ores, though obtained throughout the whole ~ thickness of the mining ground, are especially abundant in the middle and upper layers of the Galena beds. The ore deposits are of two general kinds, which may be distinguished as vertical crevices and flat crevices, the former being much the most common. The simplest form of the vertical crevice is a narrow crack in the rock, having a width of a few inches, an extension laterally from a few yards to several hundred feet, and a vertical height of 20 to 40 feet, thinning out to noth- ing in all directions, and filled from side to side with highly crystalline, brilliant, large-surfaced galena, which has no accompanying metallic mineral, or gangue matter. Occasionally the vertical extension exceeds a hundred feet, and sometimes a number of these sheets are close together and can be mined as one. Much more commonly the vertical crevice shows irregular expan- sions, which are sometimes large caves, or openings in certain layers, the crevice between retain- ing its normal character, while in other cases the expansion affects the whole crevice, occasion- ally widening it throughout into one large opening. These openings are rarely entirely filled, and commonly contain a loose, disintegrated rock, in which the galena lies loose in large masses, though often adhering to the sides of the cavity in large stalactites, or in cubical crystals. The vertical crevices show a Very distinct arrangement parallel with one another, there being two systems, which roughly trend east and west, and north and south. The east and west crevices are far the most abundant and most productive of ore. The vertical crevices are confined nearly altogether to the upper and middle portions of the Galena, and are not productive of zinc ores, They are evidently merely the parallel joint cracks which affect every great rock formation, filled by chemical action with the lead ore. The crevices with openings have evidently been enlarged by the solvent power of atmospheric water carrying carbonic acid, and from the way in which the ore occurs loose in the cavities, it is evident that this solving action has often been subsequent to the first deposition of lead ore in the crevice. The " flat crevices," " flat sheets," and "flat openings," are analogous to the deposits just described, but have, as indicated by the names, a horizontal position, being characteristic of certain layers, which have evidently been more susceptible to chemical action than others, the dissolving waters having, moreover, been directed along them by less pervious layers above and below. The flat openings differ from the vertical crevices also, in having associated with the MIKERAL RESOT-RCES. 165 galena much of either the black-jack or dry-bone zinc ores, or both, the galena not unfrequently being entirely wanting. Cleavable calcite also accompanies the ores in these openings in large quantities, and the same is true of the sulphide of iron, which is the variety known as marcasite. These materials have sometimes a symmetrical arrangement on the bottom and top of the open- ing, the central portion being empty. The flat openings characterize the Blue and BufF and lower Galena beds, and from them nearly all the zinc ore is obtained. It is not possible, in the limits of this short paper, even to mention the various mining districts. It may merely be said that the amount of galena raised from single crevices has often been several hundred thousand, or even over a million pounds, and that one of the principal mining districts is in the vicinity of Mineral Point, where there are two furnaces constantly engaged in smelting. Between th^ years 1862 and 1873, these two establishments have produced 23,903,260 pounds of metallic lead, or an average of r,g9r,938 pounds, the maximum being, in 1869, 2,532,710 pounds, the minimum, in 1873, 1,518,888 pounds. The zinc ores were formerly rejected as useless, and have only been utilized since i86o. An attempt to smelt therti at Mineral Point was not successful, because the amount needed of fuel and clay, both of which have to cotne from a distance, exceeding even the amount of ore used, caused a very heavy expense for transportation. The ores are therefore now taken altogether to LaSalle, Illinois, where they meet the fuel and clay, and the industry at that place has become a flourishing one. The amount of zinc ore in the Wisconsin lead region is, beyond doubt, very great, and will be a source of wealth for a long time to come. Since the ores of zinc and lead in this region are confined to such a small thickness of strata greatly eroded by the atmospheric waters, the entire thickness having frequently been removed, it becomes a matter of great importance to know how much of the mining ground remains at every point throughout the district. The very excellent topographico-geological maps of the region, made by Mr. Moses Strong, and since published by the State in the Report of the Geological Survey, make this knowledge accessible to all. IRON. Iron mining in Wisconsin is yet in its infancy, although some important deposits are producing a considerable quantity of ore. A number of blast furnaces have sprung up in the eastern part of the state, but these smelt Michigan ores almost entirely. Much remains yet to be done in the way of exploration, for the most promising iron fields are in the heavily timbered and unsettled regions of the north part of the state, and are as yet imperfectly known. It appears probable, however, that iron ores will, m the near future, be the most important mineral production of Wisconsin. The several ores will be noted in the order of their present im- portance. Red Hematites. The iron in these ores exists as an anhydrous sesquioxide, which is, however, in an earthy condition, arid entirely without the brilliant metallic luster that characterizes the specular hema- tites. Pure hematite contains seventy per cent, of metallic iron, but the red hematites, as mined, are always so largely mingled with mechanical impurities that they rarely contain more than fifty per cent. The most important red hematite mined in Wisconsin is that known as the Clinton iron ore, the name coming from the formation in which the ore occurs. This formation is a member of the Upper Silurian series, and is named from a locality in Oneida county. New York, where it was first recognized. Associated with its rocks, which are limestones and shales, is con- stantly found a peculiar red hematite, which is so persistent in its characters, both physical and 166 HISTORY OF WISCONSIN. and chemical, that one familiar with it from any one locality can hardly fail to recognize it when coming from others. The iron produced from it is always " cold-short," on account of the large content of phosphorus ; but, mingled with siliceous ores free from phosphorus, it yields always a most excellent foundry iron. It is mined at numerous points from New York to Tennessee, and at some points reaches a very great total thickness. In Wisconsin the Clinton rocks merge into the great Niagara lim estone series of the eastern part of the state, but at the bottom of the series, in a few places, the Clinton ore is found immediately overlying the Cincinnati shales. The most important locality is that known as Iron Ridge, on sections twelve and thirteen in the town of Hubbard, in Dodge county. Here a north-and-south ledge of Niagara limestone overlooks lower land to the west. Underneath, at the foot of the ridge, is the ore bed, fifteen to eighteen feet in. thickness, consisting of horizontally bedded ore, in layers three to fourteen inches thick. The ore has a concretionary structure, being composed of lenticular grains, one twenty-fifth of an inch in diameter, but the top layer is without this structure, having a dark purplish color, and in places a slight metallic appearance. Much of the lower ore is somewhat hydrated. Three quarters of a mile north of Iron Ridge, at Mayville, there is a total thickness of as much as forty feet. According to Mr. E. T. Sweet, the percentages of the several constituents of the Iron Ridge ore are as follows: iron peroxide, 66.38; carbonate of lime, 10.42; carbonate of magnesia, 2.79; silica, 4.72; alumina, 5.54; manganese oxide, 0.44; sulphur, 0.23 ; phosphoric acid, 0.73; water, 8.75 = 100: metallic iron, 46.66. Two small charcoal furnaces at Mayville and Iron Ridge smelt a considerable quantity of these ores alone, producing an iron very rich in phosphorus. An analysis of the Mayville pig iron, also by Mr. Sweet, shows the following Composition: iron, 95.784 per cent; phosphorus, 1.675 ■ carbon, 0.849; silicon, 0.108 = 100.286. The average furnace yield of the ore is forty- five per cent. By far the larger part of the ore, however, is sent away to mingle with other ores. It goes to Chicago, Joliet and Springfield, 111., St. Louis, Mo., Wyandotte and Jackson, Mich., and Appleton, Green Bay and Milwaukee, Wis. In 1872, the Iron Ridge mines yielded 82,371 tons. The Clinton ore is found at other places farther north along the outcrop of the base of the Niagara formation in Wisconsin, but no one of these appears to promise any great quantity of good ore. Red hematite is found at numerous places in Wisconsin, highly charging certain layers of the Potsdam sandstone series, the lowest one of the horizontal Wisconsin formations. In the eastern part of the town of Westfield, Sauk county, the iron ore excludes the sandstone, forming an excellent ore. No developments have been made in this district, so that the size of the deposit is not definitely known. Brown Hematites. These ores contain their iron as the hydrated, or brown, sesquioxide, which, when pure, has about sixty per cent, of the metal; the ordinary brown hematites, however, seldom contain over forty per cent. Bog iron ore, a porous brown hematite that forms by deposi- tion from the water of bogs, occurs somewhat widely scattered underneath the large marshes of Portage, Wood and Juneau counties. Very excellent bog ore, containing nearly 50 per cent, of iron, is found near Necedah, Juneau county, and near Grand Rapids, Wood county, but the amount obtainable is not definitely known. The Necedah ore contains: silica, 8.52 ; aluminS,, 3.77; iron peroxide, 71.40; manganese oxide, 0.27; lime, 0.58; magnesia, trace; phosphoric acid, 0.21; sulphur, 0.02; organic matter, 1.62; water, 13.46=99.85; metallic iron, 49.98 — according to Mr. E. T. Sweet's analysis. An ore from section 34, twp. 23, range 6 east, Wood county, yielded, to Mr. Oliver Matthews, silica, 4.81 ; alumina, i.oo; iron peroxide, 73.23 ; lime, 0.11, magnesia, 0.25; sulphuric acid, 0.07 ; phosphoric acid, o. 10; organic matter, 5.88; water. MINERAL RESOURCES. 167 14.24; =99.69: metallic iron, 51.26. Brown hematite, mingled with more or less red ore, occurs also in some quantity filling cracks and irregular cavities in certain portions of the Potsdam series in northwestern Sauk county and the adjoining portion of Richland. A small charcoal furnace has been in operation on this ore at Ironton, Sauk county, for a number of years, and recently another one has been erected at Cazenovia in the same district. Magnetic Ores and Specular Hematites. These are taken together here, because their geological occurrence is the same, the two ores occurring not only in the same group of rocks, but even intimately mingled with one another. These ores are not now produced in Wisconsin ; but it is quite probable that they may before many years become its principal mineral production. In magnetic iron ore, the iron is in the shape of the mineral magnetite, an oxide of iron containing 72 4 per cent of iron when pure, and this is the highest percentage of iron that any ore can ever have. Specular hematite is the same as red hematite, but is crystalline, has a bright, metallic luster, and a considerable hardness. As mined the richest magnetic and specular ores rarely run over 65 per. cent., while in most regions where they are mined they commonly do not reach 50 per cent. The amount of rich ores of this, kind in the northern peninsula of Michigan is so great, however, that an ore with less than 50 per- cent, finds no sale ; and the same must be true in the adjoining states. So largely does this mat-- ter of richness affect the value of an ore, that an owner of a mine of 45 per cent. " hard " ore in Wis- consin would find it cheaper to import and smelt Michigan 65 per cent, ore, than to smelt his own,, even if his furnace and mine were side by side. The specular and magnetic ores of Wisconsin occur in two districts — the Penokee iron dis- trict, ten to twenty miles south of Lake Superior, in Bayfield, Ashland and Lincoln counties, and the Menomonee iron district, near the head waters of the Menomonee river, in township 40, ranges 17 and 18 east, Oconto county. Specular iron in veins and nests is found in small quan- tities with the quartz rocks of the Baraboo valley, Sauk county, and Necedah, Juneau county; and very large quantities of a peculiar quartz-schist, charged with more or less of the magnetic and specular iron oxides, occur in the vicinity of Black River Falls, Jackson county; but in none of these places is there any promise of the existence of valuable ore. In the Penokee and Menomonee regions, the iron ores occur in a series of slaty and quai-tzose rocks known to geologists as the Haronian series. The rocks of these districts are really the extensions westward of a great rock series, which in the northern Michigan peninsula contains the rich iron ores that have made that region so famous. In position, this rock series may be likened to a great elongated parabola, the head of which is in the Marquette iron district and the two ends in the Penokee and Menomonee regions of Wisconsin. In all of its extent, this rock series holds great beds of lean magnetic and specular ores. These contain large quantities of quartz, which, from its great hardness, renders them very resistant to the action of atmospheric erosion. As a result, these lean ores are found forming high and bold ridges. Such ridges of lean ores have deceived many explorers, and not a few geologists. In the same rock series, for the most part occupying portions of a higher layer, are found, however, ores of extraordinary richness and purity, which, from their comparative softness, very rarely outcrop. The existence in quantity of these very rich ores in the Menomonee region has been definitely proven. One deposit, laid open during the Summer of 1877, shows a width of over 150 feet of first class specular ore ; and exceeding in size the greatest of the famous deposits of Michigan. In the Penokee region, however, though the indications are favorable, the existence of the richer ores is as yet an inference only. The Penokee range itself is a wonderful development of 168 HISTORYOF WlSCOXSIlSr. lean ore, which forms a continuous belt several hundred feet in width and over thirty miles in length. Occasionally portions of this belt are richer than the rest, and become almost merchant- able ores. The probability is, however, that the rich ores of this region will be found in the lower country immediately north of the Penokee range, where the rocks are buried beneath heavy accumulations of drift material. Copper. The only copper ore at present raised in Wisconsin is obtained near Mineral Point, in the lead region of the southwestern part of the state, where small quantities of chalcopyrite,th& yellow sulphide of coppsr and iron, are obtained from pockets and limited crevices in the Galena lime- stone. Copper pyrites is known to occur in this way throughout the lead region, but it does not appear that the quantity at any point is sufficient to warrant exploration. Copper occurs also in the northernmost portions of Wisconsin; where it is found under alto- gether different circumstances. The great copper-bearing series of rocks of Keweenaw point and Isle Royale stretch southwestward into and entirely across the state of Wisconsin, in two parallel belts. One of these belts enters Wisconsin at the mouth of the Montreal river, and immediately leaving the shore of Lake Superior, crosses Ashland and Bayfield counties, and then widening greatly, occupies a large area in Douglas, St. Croix, Barron and Chippewa counties. The other belt forms the backbone of the Bayfield peninsula, and crosses the northern part of Douglas ' county, forming a bold ridge, to the Minnesota line. The rocks of this great series appear to be for the most part of igneous origin, but they are distinctly bedded, and even interstratified with sandstone, shales, and coarse boulder-conglomerate, the whole series having generally a tilted position. In veins crossing the rock-beds, and scattered also promiscuously through the layers of both conglomerates and igneous rocks, pure metallic copper in fine flakes is often found. Mining on a small scale has been attempted at numbers of points where the rivers flowing northward into Lake Superior make gorges across the rock series, but at none of them has sufficient work been done to prove or disprove the existence of copper in paying quantity. Gold and Silver. Small traces of gold have been detected by the writer in quartz from the crystalline rocks of Clark county, but there is no probability that any quantity of this metal will ever be found in the state. Traces of silver have also been found in certain layers of the copper series in Ash- land county. Judging from the occurrence of silver in the same series not far to the east in Michigan, it seems not improbable that this metal may be found also in Wisconsin. Brick Clays. These consti';ute a very important resource in Wisconsin. Extending inland for many miles fiom the shores of Lakes Michigan and Superior are stratified beds of clay of lacustrine origin, having been deposited by the lakes when greatly expanded beyond their present sizes. All of these clays are characterized by the presence of a large amount of carbonate of lime. Along Lake Superior they have not yet been utilized, but all through the belt of country bordering Lake Michigan they are dug and burned, fully 50,000,000 bricks being made annually in this region. A large proportion of these bricks are white or cream-colored, and these are widely known under the name of "Milwaukee brick," though by no means altogether made at Mil- waukee. Others arc ordinary red brick. The difference between the light-colored and red bricks is ordinarily attributed to the greater amount of iron in the clay from which the latter are MINERAL RESOUECES. 169 burned, but it has been shown by Mr. E. T. Sweet that the white bricks are burned from clay which often contains more iron than that from which the red bricks are made, but which also contains a very large amont of carbonate of lime. The following analyses show (i) the compo- sition of the clay from which cream-colored brick are burned at Milwaukee, (2) the composition of a red-brick clay from near Madison, and (3) the composition of the unutilized clay from Ashland, Lake Superior. Nos. i and 2 are by Mr. E. T. Sweet, No. 3 by Professor W. W. Daniells : ^3) Silica.-- Alumina Iron peroxide Iron protoxide. -- Lime Magnesia Carbonic acid (I) (2) (3) 38.22 75.80 58.08 975 11.07 25,38 2.84 3.53 444 1.16 0.31 1 16.23 1.84 [ 8.30 7-54 .08) 18.50 1.09 Potash.- - Soda Water--. Moisture. Totals (0 (2) 2.16 0.65 0.95 1.85 1-74 0.40 1.54 2.16 99.-85 99-56 4.09 100.19 At Milwaukee 24,000,000 cream-colored brick are made annually ; at Racine, 3,500,000 ; at Appleton and Menasha, 1,800,000 each; at Neenah, 1,600,000; at Clifton, 1,700,000; at Wat- erloo, 1,600,000; ,and in smaller quantities at Jefferson, Ft. Atkinson, Edgerton, Whitewater, Geneva, Ozaukee, Sheboygan Falls, Manitowoc, Kewaunee, and other places. In most cases the cream-colored bricks are made from a bright-red clay, although occasionally the clay is light- colored. At Whitewater and other places tile and pottery are also made from this clay. Although these lacustrine clays are much the most important in Wisconsin, excellent brick clays are also found in the interior of the state. In numbers of places along the Yahara valley, in Dane county, an excellent stratified clay occurs. At Madison this is burned to a red brick ; at Stoughton and Oregon to a fine cream-colored brick. At Platteville, Lancaster, and other points in the southwestern part of the state, red bricks are made from clays found in the vicinity. Kaolin (Porcelain - Clay — Fire - Clay). The word "kaolin." is applied by geologists to a clay-like material which is used in making chinaware in this country and in Europe. The word is of Chinese origin, and is applied by the Chinese to the substance from which the famous porcelain of China is made. Its application to the European porcelain-c/ajK was made under the mistaken idea — one which has prevailed among scientists until very recently — that the Chinese material is the same as the European. This we now know to be an error, the Chinese and Japanese wares being both made altogether from a solid rock. True kaolin, using the word in its European sense, is unlike other ordinary clays, in being the result of the disintegration of felspathic crystalline rocks "in place," that is without being, removed from the place of its first formation. The base of kaolin is a mineral \-aowna.skaolinite, a compound of silica, alumina and water, which results from a change or decay of the felspar of felspar-bearing rocks. Felspar contains silica, alumina, and soda or potash, or both. By perco- lation through the rocks of surface water carrying carbonic acid, the potash and soda are removed and kaolinite results. Mingled with the kaolinite are, however, always the other ingre- dients of the rock, quartz, mica, etc., and also always some undecomposed, or only partly decom- posed felspar. These foreign ingredients can all, however, be more or less perfectly removed by a system of levigation, when a pure white clay results, composed almost wholly of the scales of 170 HISTORY or WISCONSIN. the mineral kaolinite. Prepared in this way the kaolin has a high value as a refractory material, and for forming the base of fine porcelain wares. The crystalline rocks, which, by decomposition, would produce a kaolin, are widely spread over the northern part of Wisconsin ; but over the most of the region occupied by them there is no sign of the existence of kaolin, the softened rock having apparently been removed by glacial action. In a belt of country, however, which extends from Grand Rapids on the Wisconsin, westward to Black river, in Jackson county, the drift is insignificant or entirely absent ; the glacial forces have not acted, and the crystalline rocks are, or once were, overlaid by sandstone, along whose line of junction with the underlying formation numerous water-courses have existed, the result being an unusual amount of disintegration. Here we find, in the beds of the Wisconsin, Yellow, and Black rivers, large exposures of crystalline rocks, which between the rivers are overlaid by sandstone. The crystalline rocks are in distinct layers, tilted at high angles, and in numerous places decomposed into a soft white kaolin. Inasmuch as these layers strike across the country m long, straight lines, patches of kaolin are found ranging themselves into similar lines. The kaolin patches are most abundant on the Wisconsin in the vicinity of the city of Grand Rapids, in Wood county. They vary greatly in size, one deposit even varying from a fraction of an inch to a number of feet in thickness. The kaolin varies,- also, greatly in character, some being quite impure and easily fusible from a large content of iron oxide or from partial decomposition only, while much of it is very pure and refractory. There is no doubt, however, that a large amount of kaolin exists in this region, and that by selection and levigation an excellent material may be obtained, which, by mingling with powdered quartz, may be made to yield a fire-brick of unusual refractoriness, and which may even be employed in making fine porcelain ware. The following table gives the composition of the raw clay, the fine clay obtained from it by levigation, and the coarse residue from the same operation, the sample having been taken from the opening on the land of Mr. C. B. Garrison, section 5, town 22, range 6 east. Wood county: RAW CLAY. LEVIGATION PRODUCTS. RAW CLAY. LEVIGATION PRODUCTS FINE CLAY. COARSE RESIDUE. FINE CLAY. COARSE RESIDUE. Silica 78.83 1343 0.74 0.64 0.07 0.37 49-94 36.80 0.72 trace ' 0.51 92.86 2.08 0.74 0.96 O.IO 0.28 Soda 0.0.7 O.OI 5-45 0.08 11.62 0.05 Carbonic Acid Water... Iron peroxide Z.53 Lime Totals Magnesia Potash 99.60 99.67 99.60 Cement - Rock. Certain layers of the Lower Magnesian limestone, as at Ripon, and other points in the east- ern part of the state, are known to produce a lime which has in some degree the hydraulic property, and the same is true of certain layers of the Blue limestone of the Trenton group, in the southwestern part of the state ; the most valuable material of this kind, however, that is as yet known to exist in Wisconsin, is found near Milwaukee, and has become very recently somewhat widely known as the " Milwaukee " cement-rock. This rock belongs to the Hamilton formation, and is found near the Washington street bridge, at Brown Deer, on the lake shore at Whitefish MINERAL RESOUECES. 171 bay, and at other points in the immediate vicinity of Milwaukee. The quantity attainable is large, and a very elaborate series of tests by D. J. Whittemore, chief engineer of the Milwau- kee and St. Paul railroad, shows that the cement made from it exceeds all native and foreign cements in strength, except the famous English " Portland " cement. The following are three analyses of the rock from different points, and they show that it has a very constant composition : I. 2. 3- 45-54 32.46 17.56 1. 41 3-03 48.29 29.19 17-36 1.40 2.24 41.34 ^ 34.88 16.99 5.00 Carbonate of Magnesia Silica Alumina . Iron Sesquioxide. . ......... 1.79 Totals 100.00 98.68 100.00 Limestone for Making Quick -lime. Quick-lime is made from all of the great limestone formations of Wisconsin, but more is burnt from the Lower Magnesian and Niagara formations, than from the others. The Lower .Magnesian yields a very strong mortar, but the lime burned from it is not very white. It is burned largely in the region about Madison, one of the largest quarries being on the south line of section 33 of that town, where some 20,000 bushels are produced annually, in two kilns. The lime from this place has a considerable local reputation under the name of "Madison lime." The Trenton limestone is burned at a few points, but yields an inferior lime. The Galena is not very generally burned, but yields a better lime than the Trenton. In the region about Watertown and White- water, some 40,000 to 50,000 barrels are made annually from this formation. The Niagara, however, is the great lime furnisher of the northwest. From its purity it is adapted to the making of a most admirable lime. It is burned on a large scale at numbers of points in the eastern part of the state, among which may be mentioned, Pellon's kilns, Pewau- kee, where 12,000 barrels are made weekly and shipped to Chicago, Grand Haven, Des Moines, etc.; and Holick & Son's kilns, Racine, which yield 60,000 to 75,000 barrels annually. A total ot about 400,000 barrels is annually made from the Niagara formation in eastern Wisconsin. Limestone for Flux in Iron Smelting. The limestones of Wisconsin are rarely used as a flux, because of their prevalent magnesian character. The stone from Schoonmaker's quarry, near Milwaukee, is used at the Bay View iron works, and is one of the few cases. There are certain layers, however, in the Trenton lime- stone, widely spread over the southern part of the state, which are non-magnesian, and frequently sufficiently free from earthy impurities to be used as a flux. These layers deserve the attention of the iron masters of the state. Glass Sand. Much of the St. Peter's sandstone is a purely siliceous, loose, white sand, well adapted to the making of glass. It is now being put to this use at points in the eastern part of the state. 172 HISTOKY OF WISCONSIN. Peat. Peat exists in large quantities and of good quality underneath the numerous marshes of the eastern and central parts of the state. Whether it can be utilized in the future as a fuel, will depend altogether upon the cost of its preparation, which will have to be very low in order that it may compete with superior fuels. As a fertiHzer, peat has always a great value, and requires no '"reliminary treatment. Building Stones. All the rocky formations of Wisconsin are used in building, and even the briefest synopsis of the subject of the building stones of the state, would exceed the limits of this paper. A few of the more prominent kinds only are mentioned. Granite occurs in protruding masses, and also grading into gneiss, in the northern portions of the state, at numerous points. In many places on the Wisconsin, Yellow, and Black rivers, and especially at Big Bull Falls, Yellow river, red granites of extraordinary beauty and value occur. These are not yet utilized, but will in the future have a high value. The handsomest and most valuable sandstone found in Wisconsin, is that which extends along the shore of Lake Superior, from the Michigan to the Minnesota line, and which forms the basement rock of the Apostle islands. On one of these islands a very large quarry is opened, from which are taken masses of almost any size, of a very close-grained, uniform, dark brown stone, which has been shipped largely to Chicago and Milwaukee. At the latter place, the well known court house is built of this stone. An equally good stone can be obtained from the neigh- boring islands, and from points on the mainl^d. A very good white to brown, indurated sand- stone is obtained from the middle portions of the Potsdam series, at Stevens Point, Portage county; near,Grand Rapids, Wood county; at Black River Falls, Jackson county; at Packwau- kee, Marquette county ; near Wautoma, Waushara county ; and at several points in the Baraboo valley, Sauk county. A, good buff-colored, calcareous sandstone is quarried and used largely in the vicinity of Madison, from the uppermost layers of the Potsdam series. All of the- limestone formations of the state are quarried for building stone. A layer known locally as the " Mendota " limestone, included in the upper layers of the Potsdam series, yields a very evenly bedded, yellow, fine-grained rock, which is largely quarried along the valley of the lower Wisconsin, and also in the country about Madison. In the town of Westport, Dane county, a handsome, fine-grained, cream-colored limestone is obtained from the Lower Magne- sian. The Trenton limestone yields an evenly bedded, thin stone, which is frequently used for ' laying in wall. The Galena and Niagara are also utilized, and the latter is capable, in much of the eastern part of the state, of furnishing a durable, easily dressed, compact, white stone. In preparing this paper, I have made use of Professor Whitney's " Metallic Wealth of the United States," and " Report on the Geology of the Lead Region;" of the advance sheets of Volume II of the Reports of the State Geological Survey, including Professor T. C. Chamberlin's Report on the Geology of Eastern Wisconsin, my own Report on the Geology of Central Wisconsin, and Mr. Strong's Report on the Geology of the Lead Region ; Mr. E. T. Sweet's account of the mineral exhibit of the state at the Centennial Exposition ; and of my unpublished reports on the geology of the counties bordering Lake Superior. WISCONSIN RAILROADS. By Hon. h! H. GILES. The territory of Wisconsin offered great advantages to emigrants. Explorers had published acfcounts of the wonderful fertility of its soil, the wealth of its broad prairies and forest openings, and the beauty of its lakes and rivers. Being reached from the older states by way of the lakes and easily accessible by a long line of lake coast, the hardships incident to weeks of land travel were avoided. Previous to 1836 but few settlements had been made in that part of the then territory of Michigan, that year organized into the territory of Wisconsin, except as mining camps in the southwestern part, and scattered settlers in the vicinity of the trading posts and military stations. From that time on, with the hope of improving their condi- tion, thousands of the enterprising yeomanry of New England, New York and Ohio started for the land of promise. Germans, Scandinavians and other nationalities, attracted by the glowing accounts sent abroad, crossed the ocean on their way to the, new world; steamers and sail-craft laden with families and their household goods left Buffalo and other lake ports, all bound for the new Eldorado. It may be doubted if in the history of the world any country was ever peo- pled with the rapidity of southern and eastern Wisconsin. Its population in 1840 was 30,749; in 1850, 304,756; in i860, 773,693; in 1870, 1,051,351; in 1875, 1,236,729. With the develop- ment of the agricultural resources of the new territory, grain raising became the most prominent interest, and as the settlements extended back from the lake shore the difficulties of transporta- tion of the products of the soil were seriously felt. The expense incurred in moving a load of produce seventy or eighty miles to a market town on the lake shore frequently exceeded the gross sum obtained for the same. All goods,, wares and merchandise, and most of the lumber used must also be hauled by teams from Lake Michigan. Many of our early settlers still retain vivid recollections of trying experiences in the Milwaukee woods and other sections bordering on the lake shore, from the south line of the state to Manitowoc and Sheboygan. To meet the great want — better facilities for transportation — a valuable land grant was obtained from congress, in 1838, to aid in building a canal from Milwaukee to Rock river The company which was organized to construct it, built a dam across Milwaukee river and a short section of the canal ; then the work stopped and the plan was finally abandoned. It was early seen that to satisfy the requirements of the people, railroads, as the most feasable means of commuuicaUon within their reach, were an indispensable necessity. Chicago, Milwaukee & St. Paul Railway Between the years 1838 and 1841, the territorial legislature of Wisconsin chartered several railroad companies, but with the exception of the " Milwaukee & Waukesha Railroad Company,'' incorporated in 1847, none of the corporations thus created took any particular shape. The commissioners named in its charter met November 23, 1847, and elected a president. Dr. L. W. Weeks, and a secretary, A. W. Randall (afterward governor of Wisconsin). On the first Monday of February, 1848, they opened books of subscription. The charter of the company provided 174 HISTORY OF WISCONSIN. that |ioo,ooo should be subscribed and five percent, thereof paid in before the company should fully organize as a corporation. The country was new. There were plenty of active, energetic men, but money to build railroads was scarce, and not until April 5, 1849, was the necessary subscription raised and percentage paid. A board of directors was elected on the loth day of May, and Byron Kilbourn chosen president. The charter had been previously amended, in 1848, authorizing the company to build a road to the Mississippi river, in Grant county, and in 1850, its name was changed to the "Milwaukee & Mississippi Railroad Company." After the company was fully organized, active measures were taken to push the enterprise forward to completion. The city of Milwaukee loaned its credit, and in 185 1 the pioneer Wisconsin railroad reached Waukesha, twenty miles out from Milwaukee. In the spring of 1852, Edward H. Broadhead, a prominent engineer, from from the state of New York, was put in charge of the work as chief engineer and superintendent. Under his able and energetic administration the road was pushed forward in 1852 to Milton, in 1853 to Stoughton, in 1854^0 Madison, and in 1856 to the Mis- sissippi river, at Prairie du Chien. In 1851 John Catlin of Madison, was elected president in place of Kilbourn. The proposed length of this article will not admit of any detailed statement of the trials, struggles and triumphs of the men who projected, and finally carried across the state, from the lake to the river, this first Wisconsin railroad. Mitchell, Kilbourn, Holton, Tweedy, Catlin, Walker, Broadhead, Crocker and many others, deserve to be remembered by our people as bene- factors of the state. In 1859 and i86o, the company defaulted in the payment of the interest on its bonds. A foreclosure was made and a new company, called the " Milwaukee & Prairie du Chien," took its place, succeeding to all its rights and property^ The " Southern Wisconsin Railway Company" was chartered in 1852, and authorized to build a road from Milton to the Mississippi river. When the Milwaukee and Mississippi road reached Milton in 1852, it was not authorized by its charter to go to Janesville, but, under the charter of the Southern Wisconsin, a company was organized that built the eight miles to Janesville in 1853. Under a subsequent amendment to the charter, the Milwaukee and Mississippi company was authorized to build from Milton to the Mississippi ri^er. The Janesville branch was then purchased and extended to Monroe, a distance of about thirty-four miles, or forty-two miles west of Milton. Surveys were made and a line located west of Monroe to the river. The people of La Fayette and Grant counties have often been encouraged to expect a direct railroad communi- cation with the city of Milwaukee. Other and more important interests, at, least so considered by the railroad company, have delayed the execution of the original plan, and the road through the counties mentioned still remains unbuilt. The " LaCrosse & Milwaukee Railroad Company" was chartered in 1852, to construct a road from LaCrosse to Milwaukee. During the year in which the charter was obtained, the company was organized, and the first meeting of the commissioners held at LaCrosse. Among its pro- jectors were Byron Kilbourn and Moses M. Strong. Kilbourn was elected its first president. No work was done upon this line until after its consolidation with the " Milwaukee, Fond du Lac & Green Bay Railroad Company" in 1854. The latter company was chartered in 1853, to build a road from Milwaukee via West Bend to Fond du Lac and Green Bay. It organized in the spring of 1853, and at once commenced active operations under the supervision of James Kneeland, its first president. The city of Milwaukee loaned its credit for $200,000, and gave city bonds. The company secured depot grounds in Milwaukee, and did considerable grading for the first twenty- five miles out. Becoming embarrassed in January, 1854, the Milwaukee, Fond du Lac & Green Bay consolidated with the LaCrosse & Milwaukee company. Work was at once resumed on the partially graded line. In 1855 the road was completed to Horicon, fifty miles. "WISCONSIN RAILBOADS. 175 The Milwaukee & Watertown company was chartered in 185 1, to build from Milwaukee to Watertown. It soon organized, and began the construction of its line from BrOokfield, fourteen miles west of Milwaukee, and a point on the Milwaukee & Mississippi road leading through Oconomowoc to Watertown. The charter contained a provision that the company might extend its road by way of Portage to La Crosse. It reached Watertown in 1856, and was consolidated with the LaCrosse & Milwaukee road in the autumn of the same year. In the spring of 1856 congress made a grant of land to the state of Wisconsin, to aid in the building of a railroad from Madison, or Columbus, via Portage City, to the St. Croix riveror lake, between townships 25 and 31. and from thence to the west end of Lake Superior, and to Bayfield. An adjourned session of the Wisconsin legislature met on September 3 of that year, to dispose of the grant. The disposal of this grant had been generally discussed by the press, and the public sentiment of the state seemed to tend toward its bestowal upon a new company. There is little doubt but that this was also the sentiment of a large majority of the members of both houses when the session commenced. When a new company was proposed a joint com- mittee of twenty from the senate and assembly was appointed to prepare a bill, conferring the grant upon a company to be created by the bill itself. The work of the committee proceeded harmoniously until the question of who should be corporators was to be acted upon, when a difference of opinion was found to exist, and one that proved difficult to harmonize. In the mean- time the LaCrosse and Watertown companies had consolidated, and a sufficient number of the members of both houses were "propitiated" by "pecuniary compliments" to induce them to pass the bill, conferring the so called St. Croix grant upon the LaCrosse & Milwaukee railroad company. The vote in the assembly in the passage of the bill was, ayes 62, noes 7. In the senate it stood, ayes 17, noes 7. At the session of the legislature of 1858 a committee was raised to investigate the matter, and their report demonstrateii that bonds were set apart for all who voted for the LaCrosse bill ; to members of assembly $5,000 each, and members of senate $10,000 each. A few months after the close of the legislative sesssion of 1856 the land grant bonds of the LaCrosse road became worthless. Neither the LaCrosse company nor its successors ever received any portion of the lands granted to the state. During the year 1857 the LaCrosse company completed its line of road through Portage City to LaCrosse, and its Watertown line to Columbus. The "Milwaukee & Horicon Railroad Company" was charte'red in 1852. Between the years 1855 and 1857 it built through Waupun and Ripon to Berlin, a distance of forty-two miles. It was, in effect, controlled by the LaCrosse & Milwaukee company, although built as a separate branch. This line was subsequently merged in the LaCrosse company, and is now a part of the northern division of the Chicago, Milwaukee & St. Paul railway. The '' Madison, Fond du Lac & Lake Michigan Railroad Company" was chartered in 1855, to build a road from 'Madison wa Fond du Lac to Lake Michigan. In 1857 it bought of the LaCrosse company that portion of its road acquired by consolidation with the Milwaukee & Watertown company. Its name was then changed to " Milwaukee & Western Railroad Com- pany." It owned a line of road from Brookfield to Watertown, and branches from the latter place to Columbus and Sun Prairie, in all about eighty miles in length. In 1858 and 1859 the La Crosse & Milwaukee and the Milwaukee & Horicon companies defaulted in the payment of the interest on their bonded debts. In the same years the bond- holders of the two companies instituted foreclosure proceedings on the different trust deeds given to secure their bonds. Other suits to enforce the payment of their floating debts were also com- menced. Protracted litigation in both the state and federal courts resulted in a final settlement in 1868, by a decision of the supreme court of the United States. In the meantime, in 1862 and 176 HISTORY OF WISCONSIN. 1863, both roads were sold, and purchased by an association of the bondholders, who organized the " Milwaukee & St. Paul Railway Company." The new company succeeded to all the rights of both the La Crosse and Horicon companies, and soon afterward, in 1863, purchased the property of the Milwaukee & Western company, thus getting control of the roads from Mil- waukee to La Crosse, from Horicon to Berlin, from Brookfield to Watertown, and the branches to. Columbus and Sun Prairie. In 1864 it built from Columbus to Portage, from Brookfield to Milwaukee, and subsequently extended the Sun Prairie branch to Madison, in 1869. It also purchased the Ripon & AVolf River road, which had been built fifteen miles in length, from Ripon to Omro, on the Fox river, and extended it to Winneconne on the Wolf river, five miles farther, and twenty miles from Ripon. In 1867 the Milwaukee & St. Paul railway company obtained control of the Milwaukee & Prairie du Chien railroad. The legislature of 1857 had passed an act, authorizing all stock-holders in all incorporated companies to vote on shares of stock owned by them. The directors of the Milwaukee & St. Paul company had secured a majority of the common stock, and, at the election of 1867, elected themselves a board of directors for the Prairie du Chien company. All the rights, property and interests of the latter company came under the ownership and control of the former. In 1865, Alexander Mitchell, of Milwaukee, was elected president, and S. S. Merrill general manager of the Milwaukee & St. Paul railway company. They were retained in their respective positions by the new organization, and still continue to hold these offices, a fact largely owing to the able and efficient manner that has characterized their management of the company's affairs. The company operates eight hundred and thirty-four miles of road in Wisconsin, and in all two thousand two hundred and seven miles. Its lines extend to St. Paul and Minneapolis in Minnesota, and to Algona in Iowa, and over the Western Union to Savanna and Rock Island in the State of Illinois. The"Oshkosh &• Mississippi Railroad Company'' was chartered in 1866 to build a road from the city of Oshkosh to the Mississippi river. Its construction to Ripon in 1872 was a move on the part of citizens of Oshkosh to connect their town with the Milwaukee & St. Paul road. It is twenty miles in length and leased to the Chicago, Milwaukee & St. Paul company. In 1871 and 1872 the "Wisconsin Union Railroad, Company," of which John W. Cary was president, built a road from Milwaukee to the state line between Wisconsin and Illinois, to connect with a road built from Chicago to the state line of Illinois. This new line between Milwaukee and Chicago was built in the interest of, and in fact by, the Mil\yaukee & St. Paul company to afford a connection between its Wisconsin, Iowa and Minnesota system of roads, and the eastern trunk lines centering in Chicago. It runs parallel with the shore of Lake Michigan and from three to six miles from it, and is eighty-five miles in length. The Chicago & Northwestern Railway. The territorial legislature of 1848 chartered the " Madison & Beloit Railroad Company " with authority to build a railroad from Beloit to Madison only. In 1850, by an act of the legislature, the company was authorized to extend the road to the Wisconsin river and La Crosse, and to a point on the Mississippi river pear St. Paul, and also from Janesville to Fond du Lac. Its name was changed, under legislative authority, to the " Rock River Valley Union Railroad Company." In 1851, the line from Janesville north not being pushed as the people expected, the legislature of Illinois chartered the " Illinois & Wisconsin Railroad Company " with authority to consolidate with any road in Wisconsin. In 1855, an act of the Wisconsin legislature consoli- dated the Illinois and Wisconsin companies with the " Rock River Valley Union Railroad Com- pany," and the new organization took the name of the " Chicago, St, Paul & Fond du Lac Rail- WISCONSIN KAILEOADS. 177 road Company." In 1854, and previous to the consolidation, the company had failed and passed into the hands of the bondholders, who foreclosed and took stock for their bonds. The old management of A. Hyatt Smith and John B. Macy was superseded, and Wm. B. Ogden was made president. Chicago was all along deeply interested in reaching the rich grain fields of the Rock river valley, as well as the inexhaustible timber and mineral wealth of the northern part of Wisconsin and that part of Michigan bordering on Lake Superior, called the Peninsula. It also sought a connection with the upper Mississippi region, then being rapidly peopled, by a line of railroad to run through Madison to St. Paul, in Minnesota. Its favorite road was started from Chicago on the wide (six feet) gauge, and so constructed seventy miles to Sharon on the Wis- consin state line. This was changed to the usual (four feet, eight and one-half inches) width, and the work was vigorously pushed, reaching Janesville in 1855 and Fond du Lac in 1858. The Rock River Valley Union railroad company had, however, built about thirty miles from Fond du Lac south toward Minnesota Junction before the consolidation took place. The partially graded line on a direct route between Janesville and Madison was abandoned. In 1852 a new charter had been obtained, and the '' Beloit & Madison Railroad Company " had been organized to build a road from Beloit via Janesville to Madison. A subsequent amendment to this charter had left out Janesville as a point, and the Beloit branch was pushed through to Madison, reach- 'ing that city in 1864. The "Galena and Chicago Union Railroad Company" had built a branch of the Galena line from Belvedere to Beloit previous to 1854. In that year, it leased the Beloit & Madison road, and from 1856 operated it in connection with the Milwaukee & Mississippi, reaching Janes- ville by way of Hanover Junction, a station on its Southern Wisconsin branch, eight miles west of Janesville. The consolidation of the Galena & Chicago Union and the Chicago, St. Paul & Fond du Lac companies was effected and approved by legislative enactment in 1855, and a new organization called the " Chicago & Northwestern Railway Company " took their place. The "Green Bay, Milwaukee & Chicago Railroad Company '' was chartered in 1851 to build a road from Milwaukee to the state line of Illinois to connect with a road from Chicago, called the Chicago & Milwaukee railroad. Both roads were completed in 1855, and run in connection until r863, when they were consolidated under the name of the "Chicago & Milwaukee Railroad Company." To prevent its falling into the hands of the Milwaukee & St. Paul, the Chicago & Northwestern secured it by perpetual lease. May j.^ 1866, and it is now operated as its Chicago division. The " Kenosha & Beloit Railroad Company " was incorporated in 1853 to build a road from Kenosha to Beloit, and was organized soon after its charter»was obtained. Its name was after- ward changed to the " Kenosha, Rockford & Rock Island Railroad Company," and its route changed to run to Rockford instead of Beloit. The line starts at Kenosha, and runs through the Eounty of Kenosha and crosses the state line near the village of Genoa in the county of Wal- worth, a distance of thirty miles in the state of Wisconsin, and, there connects with a road in Illinois running to Rockford, and with which it consolidated. Kenosha and its citizens were the principal subscribers to its capital stock. The company issued its bonds, secured by the usual mortgage on its franchises and property. Failing to pay its interest, the mortgage was foreclosed and the road was sold to the Chicago & Northwestern company in 1863, and is now operated by it as the Kenosha division. The line was constructed from Kenosha to Genoa in 1862. The "Northwestern Union Railway Company " was organized in 1872, under the general rail- road law of the state, to build a line of road from Milwaukee to Fond du Lac, with a branch to Lodi. The road was constructed during the years 1872 and 1873 from Milwaukee to Fond du Lac. The Chicago & Northwestern company were principally interested in its being built, to nS HISTOEY or WISCONSIK shorten its line between Chicago and Green Bay, and now uses it as its main through line between the two points. The " Baraboo Air-Line Railroad Company" was incorporated in 1870, to build a road from Madison, Columbus, or Waterloo via Baraboo, to La Crosse, or any point on the Mississippi river. It organized in the interest of the Chicago & Northwestern, with which company it con- solidated, and the work of building a connecting line between Madison and Winona Junction was vigorously pushed forward. Lodi was reached in 1870, Baraboo in 1871, and Winona Junc- tion in 1874. The ridges between Elroy and Sparta were tunneled at great expense and with much difficulty. In 1874 the company reported an expenditure for its three tunnels of ^476,743.32, and for the 129 i-io miles between Madison and Winona Junction of $5,342,169.96, and a large expenditure yet required to be made on it. In 1867 the. Chicago & Northwestern company bought of D. N. Barney & Co. their interest in the Winona & St. Peters railway, a line being built westerly from Winona' in Minnesota, and of which one hundred and five miles had been built. It also bought of the same parties their interest in the La Crosse, Trempealeau & Prescott railway, a line being built from Winona Junction, three miles east of La Crosse, tb Winona, Minn. The latter line was put in operation in 1870, and is twenty-nine miles long. With the completion of its Madison branch to Winona junction, in 1873, it had in operation a line from Chicago, via Madison and Winona, to Lake Kampeska, Minn., a distance of six hundred and twenty-three miles. In the year 1856 a valuable grant of land was made by congress to the state of Wisconsin to aid in the construction of railroads. The Chicago, St. Paul & Fond du Lac company claimed that the grant was obtained through its efforts, and that of right it should have the northeastern grant, so-called. At the adjourned session of the legislature of 1856, a contest over the dispo- sition of the grant resulted in conferring it upon the " Wisconsin & Superior Railroad Company," a corporation chartered for the express purpose of giving it this grant. It was generally believed at the time that the new company was organized in the interest of the Chicago, St. Paul & Fond du Lac company, and at the subsequent session, in the following year, it was authorized to consolidate with the new company, which it did in the spring of that year, and thus obtained the grant of 3,840 acres per mile along its entire line, from Fond du Lac northerly to the state line between Wisconsin and Michigan. It extended its road to Oshkosh in 1859, to Appleton in 1861, and in 1862 to Fort Howard, forming a line two hundred and forty-two miles long. The line from Fort Howard to Escanaba, one hundred and fourteen miles long, was opened in Decem- ber, 1872, and made a connection with the peninsular railroad of Michigan. It now became a part of the Chicago & Northwestern, extending from Escanaba to the iron mines, and thence to Lake Superior at Marquette. Albert Keep, of Chicago, is president, and Marvin Hughitt, a gentleman of great railroad experience, is general superintendent. The company operates five hundred and sixty-seven miles of road in Wisconsin, and in all sixteen hundred and sixteen miles. Its lines extend into five different states. Over these lines its equipment is run in common, or transferred from place to place, as the changes in business may temporarily require. Wisconsin Central Railroad. The " Milwaukee & Northern Railway Company " was incorporated in 1870, to build a road from Milwaukee to some point on the Fox river below Winnebago lake, and thence to Lake Superior, with branches. It completed its road to Menasha, one hundred and two miles from Milwaukee, with a branch from Hilbert to Green Bay, twenty-seven miles, in 1873, S-*!*^ ii^ that Sfear leased its line to the " Wisconsin Central Railroad Company," which is still operating it. In WISCONSIN RAILROADS. 179 1864 congress made a grant of land to the state of Wisconsin to aid in the construction of a raiU rqad from Berlin, Doty's Island, Fond du Lac, or Portage, by way of Stevens Point, to Bayfield or Superior, granting the odd sections within ten miles on each side of the line, with an indem- nity limit of twenty miles on each side. The legislature of 1865 failed to dispose of this grant, but that of 1866 provided for the organization of two companies, one to build from Portage City by way of Berlin to Stevens Point, and the other from Menasha to the same point, and then jointly to Bayfield and Lake Superior. The former was called the "Winnebago and Lake Superior Railroad Company," and the latter the " Portage & Superior Railroad Company." In 1869 an act was passed consolidating the two companies, which was done under the name of the " Portage, Winnebago & Superior Railroad Company." In 1871 the name of the company was changed to the " Wisconsin Central Railroad Company." The Winnebago & Lake Superior company was organized under Hon. George Reed as president, and at once commenced the construction of its line of road between Menasha and Stevens Point. In 1871 the Wisconsin Central consolidated with the " Manitowoc & Mississippi Railroad Company." The articles of consolidation provided that Gardner Colby, a director of the latter company, should be president, and that George Reed, a director of the former, should be vice president of the new organization; with a further provision that Gardner Colby, George Reed, and Elijah B. Phillips should be and remain its executive committee. In 1-871, an act was passed incorporating the "Phillips and Colby Construction Company," which created E. B. Phillips, C. L. Colby, Henry Pratt, and such others as they might associate with them, a body corporate, with authority to build railroads and do all manner of things relat- ing to railroad construction and operation. Under this act the construction company contracted with the Wisconsin Central railroad company, to build its line of road from Menasha to Lake Superior. In November, 1873, the Wisconsin Central leased of the Milwaukee & Northern com- pany its line of road extending from Schwartzburg to Menasha, and the branch to Green Bay, for the term of nine hundred and ninety-nine years, and also acquired the rights of the latter com- pany to use the track of the Chicago, Milwaukee & St. Paul company between Schwartzburg and Milwaukee, and to depot facilities in Milwaukee. The construction of the land grant portion of this important line of road was commenced in 187 1, and it was completed to Stevens Point in November of that year. It was built from Stevens Point north one hundred miles to Worcester in 1872. During 1872 and 1873, it was built from Ashland south to the Penoka iron ridge, a dis- tance of thirty miles. The straight line between Portage City and Stevens Point, authorized by an act of the legislature of 1875, was constructed between October i, 1875, and October, 1876, sevenly-one miles in length. The gap of forty-two miles between Worcester and Penoka iron ridge was closed in June, 1877. E. B. Phillips, of Milwaukee, is president and general manager. This line of road passes through a section of our state hitherto unsettled. It has been pushed through with energy, and opened up for settlement an immense region of heavily timbered land, and thus contributed to the growth and prosperity of the state. The Western Union Railroad'. The " Racine, Janesville & Mississippi Railroad Company" was chartered in 1852,10 build a road from Racine to Beloit, and was organized the same year. The city of Racine issued its bonds for $300,000 in payment for that amount of stock. The towns of Racine, Elkhorn, Dele- ' van and Beloit gave $190,000, and issued their bonds, and farmers along the line made liberal subscriptions and secured the same by mortgages on their farms. The road was built to Burling- ton in 1855, to Delavan early in 1856, and to Beloit, sixty-eight miles from Racine, during the same year. Failing to meet the interest on its bonds and its floating indebtedness, it was sur- 180 HISTORY O^ WISCONSIN. rendered by the company to the bond-holders in 1859, ^1^° completed it to Freeport during that year, and afterward built to the Mississippi river at Savannah, and thence to Rock Island. The bond-holders purchased and sold the road in 1866, and a new organization was had as the " West- ern Union Railroad Company," and it has since been operated under that name. In 1869, it built a line from Elkhorn to Eagle, seventeen miles, and thus made a connection with Milwau- kee over the Chicago, Milwaukee & St. Paul line. The latter company owns a controlling interest it its line. Alexander Mitchell is the president of the company, and D. A. Olin, general superintendent. West Wisconsin Railroad. The lands granted by congress in 1856 to aid in the construction of a railroad in Wisconsin, from Tomah to Superior and Bayfield, were disposed of as mentioned under the history of the Chicago, Milwaukee & St. Paul company. The La Crosse company, as we have seen, prevailed in the legislature of 1856, and secured legislation favorable to its interests ; but it failed to build the line of road provided for, and forfeited its right to lands granted. In 1863, the " Tomah & Lake St. Croix Railroad Company " was incorporated, with authority to construct a railroad from some point in the town of Tomah in Monroe county, to sucli point on Lake St. Croix, between town- ships 25 and 31 as the directors might determine. To the company, by the act creating it, was granted all the interest and estate of this state, to so much of the lands granted by the United States to the state of Wisconsin, known as the St. Croix grant, as lay between Tomah and Lake St. Croix. A few months after its organization, the company passed substantially into the hands of D. A. Baldwin and Jacob Humbird, who afterward built a line of road from Tomah, via Black River Falls, and Eau Claire to Hudson, on Lake St. Croix, one hundred and seventy-eight miles. Its name was afterward changed to the "West Wisconsin Railroad Company." In 1873, it built its road from Warren's Mills via Camp Douglass, on the St. Paul road to Elroy, and took up its track from the first-named place, twelve miles, to Tomah. A law-suit resulted, which went against the railroad company, and the matter was finally compromised by the payment of a sum of money by the company to the town of Tomah. The road was built through a new and sparsely settled ' country, and its earnings have not been sufficient to enrich its stock-holders. It connects at Camp Douglass with the Chicago, Milwaukee & St. Paul road, and at Elroy with the Chicago & Northwestern railway company's line, which gives the latter a through line to St. Paul. It is operated in connection with the Chicago & Northwestern railway, and managed in its interest. It is now in the hands of Wm. H. Ferry, of Chicago, as receiver ; H. H. Potter, of Chicago, as presidentj; and E. W. Winter, of Hudson, superintendent. The Milwaukee, Lake Shore & Western Railway. In 1870, the "Milwaukee, Manitowoc & Green Bay Railroad Company" was chartered to build a road from Milwaukee to Green Bay by way of Manitowoc. It built its line from Mil- waukee to Manitowoc in 1873, when its name was changed to " Milwaukee, Lake Shore & West- ern Railroad Company." Under a decree of foreclosure, it was Sold Dec. 10, 1875, and its name was changed to " Milwaukee, Lake Shore & Western Railway Company," by which name it is still known. In 1866, the " Appleton & New London Railroad Company'' was incorporated to build a road from Appleton to New London, and thence to Lake Superior. A subsequent amendment to, its charter authorized it to extend its road to Manitowoc. It built most of the line from Appleton to that city, and then, under legislative authority, sold this extension to the Milwau- WISCONSIlSr RAILROADS. 181 kee, Lake Shore & Western railroad company. The last-named company extended it to New London, on the Wolf river, twenty-one miles, in 1876, where it connects with the Green Bay & Minnesota road. It now operates one hundred and forty-six miles of road, extending from Mil- waukee to New London, passing through Sheboygan, Manitowoc and Appleton, which includes a branch line six miles in length from Manitowoc to Two Rivers. F. W. Rhinelander, of New York, is its president, and H. G. H. Reed, of Milwaukee, superintendent. The Green Bay & Minnesota Railroad. The line of road operated by this company extends from Fort Howard to the Mississippi river, opposite Winona, Minnesota. It is two hundred and sixteen miles in length, and was built through a sparsely settled and heavily timbered section of the state. It began under most discouraging circumstances, yet was pushed through by the energy of a few men at Green Bay and along its line. It was originally chartered in 1866 as the "Green Bay & Lake Pepin Rail- road Company " to build a road from the mouth of the Fox river near Green Bay to the Missis- sippi river opposite Winona. But little was done except the making of preliminary surveys in 1870. During 1870 and 1871, forty miles were constructed and put in operation. In 1872, one hundred and fourteen miles were graded, the track laid, and the river reached, sixty-two miles farther, in 1873. ^^ 1876, it acquired the right to use the "Winona cut-off " between Winona and Onalaska, and built a line from the latter point to La Crosse, seven miles, thus connecting its road with the chief city of Wisconsin on the Mississippi river. The city of La Crosse aided this extension by subscribing $75,000 and giving its corporation bonds for that amount. Henry Ketchum, of New London, is president of the company, and D. M. Kelly, of Green Bay, gen- eral manager. Wisconsin Valley Road. The "Wisconsin Valley Railroad Company " was incorporated in 187 1 to build a road from a point on or near the line of the Milwaukee & La Crosse railroad, between Kilbourn City and the tunnel in said road to the village of Wausau, in the county of Marathon, and the road to pass not more than one mile west of the village of Grand Rapids, in the county of Wood. The road was commenced at Tomah, and graded to Centralia in 1872, and opened to that village in 1873, and during 1874 it was completed to Wausau, ninety miles in itswhole length. Boston capitalists furnished the money, and it is controlled in the interest of the Dubuque- & Minnesota railroad, through which the equipment was procured. The lumber regions of the Wisconsin river find an outlet over it, and its junction with the Chicago, Milwaukee & St. Paul road at Tomah enables. a connection with the railroads of Iowa and Minnesota. It gives the people of Marathon county an outlet long needed for a large lumber trafific, and also enables them to receive their goods and supplies of various kinds for the lumbering region tributary to Wausau. James F. Joy, of Detroit, is president, and F. O. Wyatt, superintendent. Sheboygan & Fond du Lac Railroad. The "Sheboygan & Mississippi Railroad Company " was incorporated in 1852, to build a road from Sheboygan to the Mississippi river. It was completed from Sheboygan to Plymouth in 1 85 8, to Glenbeulah in 1 860, to Fond du Lac in 1868, and to Princeton in 1 87 2 . The extension from Fond du Lac to Princeton was built under authority of an act passed in 187 1. Under a foreclosure in 1861 the line from Sheboygan to Fonddu Lac was sold, and the name of the company changed to " Sheboygan & Fond du Lac Railroad Company." The length of 182 HISTORY OF WISCONSIN. the line is seventy-eight miles, and it passes through a fertile agricultural country. The city of Sheboygan, county, city and town of Fond du Lac, and the towns of Riverdale, Ripon, Brooklyn, Princeton, and St. Marie, aided in its building to an amount exceeding $250,000. D. L. Wells is president, and Geo. P. Lee, superindendent. The Mineral Point Railroad. The " Mineral Point Railroad Company " was chartered in 1852, to build a road from Mineral Point, in the county of Iowa, to the state line, in township number one, in either the county of Green or La Fayette. It was completed to Warren, in the state of Illinois, thirty-two miles, in 1855, ma,king a connection at that point with the Illinois Central, running from Chicago to Galena. Iowa county loaned its credit and issued its bonds to aid in its construction. It was sold under foreclosure in 1856. Suits were brought against Iowa county to collect the amount of its bonds, and judgment obtained in the federal courts. Much litigation has been had, and ill feeling engendered, the supervisors t)f the county having been arrested for contempt of the decree of the court. Geo. W. Cobb, of Mineral Point, is the general manager. The Dubuque, Platteville & Milwaukee railroad was completed in July, 1870, and extends from Calamine, a point on the Mineral Point railroad, to the village of Platteville, eighteen miles, and is operated by the Mineral Point railroad companj' Madison & Portage Railroad. The legislature of 1855 chartered the " Sugar River Valley Railroad Company " to build a road from a point on the north side of the line of the Southern Wisconsin road, within the limits of Green county, to Dayton, on the Sugar river. In 1857 it was authorized to build south to the state line, and make its northern terminus at Madison. In 1861 it was authorized to build from Madi- son to Portage City, and from Columbus to Portage City, and so much of the land grant act of 1856, as related to the building of the road from Madison, and from Columbus to Portage City, was anntilled and repealed, and the rights and privileges that were conferred upon the LaCrosse company were given to the Sugar River Valley railroad company, and the portion of the land grant, applicable to the lines mentioned, was conferred upon the last named company. Under this legislation about twenty miles of the line between Madison and Portage were graded, and the right of way secured for about thirty of the thirty-nine miles. The La Crosse company had done considerable grading before its right was annulled. In 1866 the company was relieved from constructing the road from Columbus to Portage City. In 1870 the purchasers of that part of the Sugar River Valley railroad lying between Madison and Portage City were incorporated as the " Madison & Portage Railroad Company," and to share all the rights, grants, etc., that were conferred upon the Sugar River railroad company by its charter, and amendments thereto, so far as related to that portion of the line. Previous to this time, in 1864 and 1865, judgments had been obtained against the Sugar River Valley company ; and its right of way, grading and depot grounds sold for a small sum. James, Campbell, who had been a contractor with the Sugar River Valley company, with others, became the purchasers, and organized under the act of 1870, and, during the year 1871, com- pleted it between Madison and Portage City, and in March, 187 1, leased it to the Milwaukee & St. Paul company, and it is still operated by that corporation. In 1871 the Madison & Portage company was authorized to extend its road south to the Illinois state line, and north from Portage City to Lake Winnebago. The same year it was consolidated with the " Rockford Central WISCONSIN RAILROADS. 183 Railroad Company," of Illinois, and its name changed to the " Chicago & Superior Railroad Company," but still retains its own organization. The Madison & Portage railroad company claims a share in the lands granted by acts of congress in 1856, and have commenced proceed- ings to assert its claim, which case is still pending in the federal courts. North Wisconsin Railroad. The "North Wisconsin Railroad Company" was incorporated in 1869, to build a road from Lake St. Croix, or river, to Bayfield on Lake Superior. The grant of land by congress in 1856, to aid in building a road from Lake St. Croix to Bayfield on Lake Superior, under the decision of the federal court, was yet at the disposal of the state. This company, in 187 1, built a short section of its line of road, with the expectation of receiving the grant. In 1873, the grant was conferred upon the Milwaukee & St. Paul company, but under the terms and restrictions con- tained in the act, it declined to accept it. The legislature of 1874 gave it to the North Wiscon- sin company, and it has built forty miles of its road, and received the lands pertaining thereto. Since 1876, it has not completed any part of its line, but is trying to construct twenty miles during the present year. The company is authorized to construct a road both- to Superior and to Bayfield, but the act granting the lands confers that portion from Superior to the intersection of the line to Bayfield upon the Chicago & North Pacific air-line railroad. This last-named company have projected a line from Chicago to the west end of Lake Superior, and are the owners of an old grade made through Walworth and Jefferson counties, by a company chartered in 1853 as the "Wisconsin Central," to build a road from Portage City to Geneva, in the county of Walworth. The latter company had also graded its line between Geneva and the state line of Illinois. This grade was afterward appropriated by the Chicago & Northwestern, arid over it they now operate thmr line from Chicago to Geneva. Prairie du Chien & McGregor Railroad. This is a line two miles in length, connecting Prairie du Chien in Wisconsin, with McGregor in Iowa. It is owned and operated by John Lawler, of the latter-named place. It extends across both channels of the Mississippi river, and an intervening island. The railroad bridge consists of substantial piling, except a pontoon draw across each navigable channel. Each pontoon is four hundred feet long and thirty feet wide, provided with suitable machinery and operated by steam power. Mr. Lawler has secured a patent on his invention of the pontoon draw for railroad bridges. His line was put in operation in April, 1874. The Chippewa Falls & Western Railroad. This road was built in 1874, by a company organized under the general law of the state. It is eleven miles in length, and connects the " Falls " with the West Wisconsin line at Eau Claire. It was constructed by the energetic business men and capitalists of Chippewa Falls, to afford an outlet for the great lumber and other interests of that thriving and prosperous city. The road is substantially built, and the track laid with steel rails. Narrow Gauge Railroads. The " Galena & Southern Wisconsin Railroad Company " was incorporated in 1857. Under its charter, a number of capitalists of the city of Galena, in the state of Illinois, commenced ■ 184 HISTORY OF WISCONSIN the construction of a narrow (three feet) gauge road, running from that city to Platteville, thirty- one miles in length, twenty miles in Wisconsin. It runs through a part of La Fayette county to Platteville, in Grant county, and was completed to the latter point in 1875. Surveys are being made for an extension to Wingville, in Grant county. The " Fond du Lac, Amboy & Peoria Railway Company " was organized under the general law of the state, in 1874, to build a narrow gauge road from the city of Fond du Lac to the south line of the state in the county of Walworth or Rock, and it declared its intention to consolidate with a company in Illinois that had projected a line of railroad from Peoria, in Illinois, to the south line of the state of Wisconsin. The road is constructed and in operation from Fond du Lac to Iron Ridge, a point on the Chicago, Milwaukee & St. Paul railway, twenty-nine miles from Fond du Lac. The "Pine River & Steven's Point Railroad Company" was crganized by the enterprising citizens of Richland Center, and has built a narrow gauge rOad from Lone Rock, a point on the Chicago, Milwaukee & St. Paul road, in Richland county, to Richland Center, sixteen miles in length. Its track is laid with wooden rails, and it is operated successfully. The " Chicago & Tomah Railroad Company " organized under the general railroad law of- the state, in 1872, to construct a narrow gauge road from Chicago, in Illinois, to the city of Tomah, in Wisconsin. Its president and active manager is D. R. Williams, of Clermont, Iowa, and its secretary is L.M. Culver, of Wauzeka. It has graded about forty-five miles, extending from Wauzeka up the valley of the Kickapoo river, in Crawford county, Wisconsin. It expects .to have fifty-four miles in operation, to Bloomingdale, in Vernon county, the present year (1877). The rolling stock is guaranteed, and the president is negotiating for the purchase of the iron. South of Wauzeka the line is located to Belmont, in Iowa county. At Wauzeka it will connect with the Chicago, Milwaukee & St. Paul line. The public-spirited citizens of Necedah, in Juneau county, have organized under the general law of the state, and- graded a road-bed from their village to New Lisbon, on the Chicago, Mil- waukee & St. Paul comf)any's line. The latter company furnish and lay the iron, and will operate the road. It is thirteen miles in length. Conclusion. N The railroads of Wisconsin have grown up under the requirements of the several localities that have planned and commenced their construction, and without regard to aiiy general system. Frequently the work of construction was begun before adequate means were provided, and bankruptcy overtook the roads ia their early stages. The consolidation of the various companies, as in the cases of the Chicago, Milwaukee & St. Paul, the Chicago & Northwester^, and others, has been effected to give through lines and the public greater facilities, as well as to introduce economy in management. At times the people have become apprehensive, and by legisla- tive action prohibited railroads from consolidating, and have sought to control and break down the power of these corporations and to harmonize the interests of the companies and the public. The act of 1874, called the "Potter law," was the assertion, by the legislative power of the state, of its right to control corporations created by itself, and limit the rates at which freight and passengers should be carried. After a long and expensive contest, carried thr6ugh the state and federal courts, this right has been established, being finally settled by the decision of the supreme court of the United States. Quite all the railroads of Wisconsin have been built with foreign capital. The plan pursued after an organization was effected, was to obtain stock subscriptions from those immediately LUMBER MANUFACTURE. 186 interested in the enterprise, procure the aid of counties and municipalities, and then allure the farmers, with the prospect of joint ownership in railroads, to subscribe for stock and mortgage their farms to secure the payment of their subscriptions. Then the whole line was bonded and a mortgage executed. The bonds and mortgages thus obtained, were taken to the money centers of New York. London, 'Amsterdam and other places, and sold, or hypothecated to obtain the money with which to prosecute the work. The bonds and mortgages were made to draw a high rate of interest, and the earnings of these new roads, through unsettled localities, were insufficient to pay more than running and incidental expenses, and frequently fell short of that. Default occurring in the payment of interest, the mortgages were foreclosed and the property passed into the hands and under the control of foreign capitalists. Such has bsen the history of most of the railroads of our state. The total number of farm mortgages given has been 3,785, amounting to $4,079,433 ; town, county and municipal bonds, amounting to $6,910,652. The total cost of all the railroads in the state, as given by the railroad commissioner in his report for 1876, has been $98,343,453.67. This vast sum is, no doubt, greatly in excess of what the cost should have been, but the roads have proved of immense benefit in the develop- ment of the material resources of the state. Other lines are needed through sections not yet traversed by the iron steed, and 'present lines should be extended by branch roads. The questions upon which great issues were raised between the railway corporations and the people, are now happily settled by securing to the latter their rights ; and the former, under the wise and conciliatory policy pursued by their nianagers, are assured of the sa;fety of their investments. An era of good feeling has succeeded one of distrust and antagonism. The people must use the railroads, and the railroads depend upon the people for sustenance and protection. This mutuality of interest, when fully recognized On both sides, will result in giving to capital a fair return and to labor its just reward. LUMBER MANUFACTURE. By W. B. JUDSON. Foremost among the industries of Wisconsin is that of manufacturing lumber. Very much of the importance to which the state has attained is due to the development of its forest wealth. In America, agriculture always has been, and always will be, the primary and most important interest; but no nation can subsist upon agriculture alone. While the broad prairies of Illinois and Iowa are rich with a fertile and productive soil, the hills and valleys of northern Wisconsin are clothed with a wealth of timber that has given birth to a great manufacturing interest which employs millions of capital and thousands of men, and has peopled the northern wilds with energetic, prosperous communities, built up- enterprising cities, and crossed the state with a net- work of railways which furnish outlets for its productions and inlets for the new populations which are ever seeking for homes and employment nearer to the setting sun. If a line be drawn upon the state map, from Green Bay westward through Stevens Point to where it would naturally strike the Mississippi river, it will be below the southern boundary of the pine timber regions, with the single exception of the district drained by the Yellow river ' a tributary of the Wisconsin, drawing its timber chiefly from Wood and Juneau counties. The territory north of this imaginary line covers an area a little greater than one half of the state. The pine timbered land is found in belts or ridges, interspersed with prairie openings, patches of hardwood and hemlock, and drained by numerous water-courses. No less than seven large fi 186 HISTOEY OF WISCONSIN. rivers traverse this northern section, and, with their numerous tributaries, penetrate every county, affording facilities for floating the logs to the mills, and, in many instances, the power to cut them into lumber. This does not include the St. Croix, which forms the greater portion of the boundary line between Wisconsin and Minnesota, and, by means of its tributaries, draws the most and best of its pine from the former state. These streams divide the territory, as far as lumbering is concerned, into six separate and distinct districts : The Green bay shore, which includes the Wisconsin side of the Menomonee, the Peshtigo and Oconto rivers, with a number of creeks which flow into the bay between the mouths of the Oconto and Fox rivers ; the Wolf river district; the Wisconsin river, including the Yellow, as before mentioned ; the Black river; the Chippewa and Red Cedar ; and the Wisconsin side of the St. Croix. Beginning with the oldest of these, the Green bay shore, a brief description of each will be attempted. The first saw-mill built in the state, of which there is now any knowledge, was put in operation in 1809, in Brown county, two or three miles east from Depere, on a little stream which was known as East river. It was built by Jacob Franks, but probably was a very small aifair. Of its machinery or capacity for sawing, no history has been recorded, and it is not within the memory of any inhabitant of to-day. In 1829, John P. Arndt, of Green Bay, built a water- power mill on the Pensaukee river at a point where the town of Big Suamico now stands. In 1834, a mill was built on the Wisconsin side of the Menomonee, and, two years later, one at Peshtigo. Lumber was first shipped to market from this district in 1834, which must be termed the beginning of lumbering operations on the bay shore. ' The lands drained by the streams which flow into Green bay are located in Shawano and Oconto counties, tbe latter being the largest in the state. In 1847, Willard Lamb, of Green Bay, made the first sawed pine shingles in that district ; they were sold to the Galena railroad company for use_ on depot buildings, and were the first of the kind sold in Chicago. Subsequently Green Bay became pne of the greatest points for the manufacture of such shingles in the world. The shores of the bay are low, and gradually change from marsh to swamp, then to level dry land, and finally become broken and mountainous to the northward. The pine is in dense groves that crowd closely upon the swamps skirting the bay, and reach far back among the hills of the interior. The Peshtigo flows into the bay about ten miles south of the Menomonee, and takes its rise far back in Oconto county, near to the latter's southern tributaries. It is counted a good logging stream, its annual product being from 40,000,000 to 60,000,000 feet. The timber is of a rather coarse quality, running but a small percentage to what the lumbermen term " uppers. " About ten per cent, is what is known as Norway pine. Of the whole amount .of timber tributary to the Peshtigo, probably about one third has been cut off to this date. The remainder will not average of as good quality, and only a limited portion of the land is of any value for agricultural purposes after being cleared of the pine. There are only two mills on this stream, both being owned by one company. The Oconto is one of the most important streams in the district. The first saw-mill was built on its banks about the year 1840, though the first lumbering operations of any account were begun in 1845 by David Jones. The business was conducted quite moderately until 1856, in which year several mills were built, and from that date Oconto has been known as quite an extensive lumber manufacturing point. The timber tributary to this stream has been of the best quality found in the state. Lumber cut from it has been known to yield the extraordinarily high average of fifty and sixty per cent, uppers. The timber now being cut will not average njore than half that. The proportion of Norway is about five per cent. It is estimated that frbm three fourths to four fifths of the timber tributary to the Oconto has been cut away, but it will require a much longer time to convert the balance into lumber than was necessary to cut its equivalent in amount, owing to its remote location. The annual production LUMBER MANUFACTURE. 187 of pine lumber at Oconto is from 50,000,000 to 65,000,000 feet. The whole production of the district, exclusive of the timber which is put into the Menomonee from Wisconsin, is about 140,000,000 feet annually. The Wolf river and its tributaries constitute the next district, proceeding westward. The first saw logs cut on this stream for commercial purposes were floated to the government mill at Neenah in 1835. In 1842, Samuel Farnsworth erected the first saw-mill on the upper Wolf near the location of the present village of Shawano, and in the following spring he sent the first raft of lumber down the Wolf to Oshkosh. This river also rises in Oconto county, but flows in a southerly direction, and enters Winnebago lake at Oshkosh. Its pineries have been very exten- sive, but the drain upon them within the past decade has told with greater effect than upon any other district in the state. The quality of the timber is very fine, and the land is considered good for agricultural purposes, and is being occupied upon the lines of the different railways which cross it. The upper waters of the Wolf are rapid, and have a comparatively steady flow, which renders it a very good stream for driving logs. Upon the- upper river, the land is quite rolling, and about the head-waters is almost mountainous. The pine timber that remains in this dis- trict is high up on the main river and branches, and will last but a few years longer. A few years ago the annual product amounted to upward of 250,000,000 feet; in 1876 it was 138,000,000. The principal manufacturing points are Oshkosh and Fond du Lac ; the former has 21 mills, and the latter 10. Next comes the Wisconsin, the longest and most crooked river in the state. It rises in the extreme northern sections, and its general course is southerly until, at Portage City, it makes a grand sweep to the westward and unites with the Mississippi at Prairie du Chien. It has numer- ous tributaries, and, together with these, drains a larger area of country than any other river in the state. Its waters flow swiftly and over numerous rapids and embryo falls, which renders log- driving and raft-running very difficult and even hazardous. The timber is generally near the banks of the main stream and its tributaries, gradually diminishing in extent as it recedes from them and giving place to the several varieties of hard-woods. The extent to which operations have been carried on necessitates going further up the stream for available timber, although there is yet what may be termed an abundant supply. The first cutting of lumber on this stream, of which there is any record, was by government soldiers, in 1828, at the building of Fort Winne- bago. In 1831, a mill was built at Whitney's rapids, below Point Bass, in what was then Indian territory. By 1840, mills were in operation as high up as Big Bull falls, and Wausau had a population of 350 souls. Up to 1876, the product of the upper Wisconsin was all sent in rafts, to markets on the Mississippi. The river above Point Bass is a series of rapids and eddies ; the current flows at the rate of from 10 J.o 20 miles an hour, and it can well be imagined that the task of piloting a raft from Wausau to the dells was no slight one. The cost of that kind of transportation in the early times was actually equal to the present market price of the lumber. With a good stage of water, the length of time required to run a raft to St. Louis was 24 days, though quite frequently, owing to inability to get out of the Wisconsin on one rise of water, sev- eral weeis were consumed. The amount of lumber manufactured annually on this river is from 140,000,000 to 200,000,000 feet. Black river is much shofter and smaller than the Wisconsin, but has long been known as a very important lumbering stream. It is next to the oldest lumber district in the state. The first saw-mill west of Green Bay was built at Black River Falls in 1819 by Col. John Shaw. The Winnebago tribe of Indians, however, in whose territory he was, objected to the innovation of such a fine art, and unceremoniously offered up the mill upon the altar of their outraged 188 HISTOBY OF WISCONSIN. solitude.. The owner abruptly quitted that portion of the country. In r839 another attempt to establish a mill on Black river was more successfully made. One was erected at the same point by two brothers by the name of Wood, the millwright being Jacob Spaulding, who eventually became its possessor. His son, Mr. Dudley J. Spaulding, is now a very extensive operator upon Black river. La Crosse is the chief manufacturing point, there being ten saw-mills located there. The annual production of the stream ranges from 150,000,000 to 225,000,000 feet of logs, less than 100,000,000 feet being manufactured into lumber on its banks. The balance is sold in the log to mills on the Mississippi. It is a very capricious river to float logs in, which necessitates the carrying over from year to year of a very large amount, variously estimated at from 150,000,000 to 200,000,000 feet, about equal to an entire season's product. This makes the business more hazardous than on many other streams, as the loss from depreciation is very great after the first year. The quality of the timber is fine, and good prices are realized for it when sold within a year after being cut. The Chippewa district probably contains the largest and finest body of white pine timber now standing, tributary to any one stream, on the continent. It has been claimed, though with more extravagance than truth, that the Chippewa pineries hold one-half the timber supply of the state. The river itself is a large one, and has many tributaries, which penetrate the rich pine district in all directions. The character of the tributary country is not unlike that through which the Wisconsin flows. In 1828 the first mill was builtin the Chippewa valley, on Wilson's creek, near its confluence with the Red Cedar. Its site is now occupied by the village of Meno- monee. In 1837 another was built on what is the present site of the Union Lumbering Company's mill at Chippewa Falls. It was not until near 1865 that the Chippewa became very prominent as a lumber-making stream. Since that date it has been counted as one of the foremost in the north- west. Upon the river proper there are twenty-two saw-mills, none having a capacity of less than 3,500,000 feet per season, and a number being capable of sawing from 20,000,000 to 25,000,000 The annual production of sawed lumber is from 250,000,000 to 300,000,000 feet ; the production of logs from 400,000,000 to 500,000,000 feet. In 1867 the mill-owners upon the Mississippi, between Winona and Keokuk, organized a corporation known as the Beef Slough Manufactur- ing, Log-Driving and Transportation Company. Its object was to facilitate the handling of logs cut upon the Chippewa and its tributaries, designed for the Mississippi mills. At the confluence of the two rivers various improvements were made, constituting the Beef Slough boom, which is capable of assorting 200,000,000 feet of logs per season. The Chippewa is the most difficult stream in the northwest upon which to operate. In the spring season it is turbulent and ungovernable, and in summer, almost destitute of water. About its head are numerous lakes ■which easily overflow under the influence of rain, and as their surplus water flows into the Chippewa, its rises are sudden and sometimes damaging in their extent. The river in many places flows between high bluffs, and, under the influence of a freshet, becomes a wild and unmanageable torrent. Logs have never been floated in rafts, as upon other streams, but are turned in loose, and are carried down with each successive rise, in a jumbled and confused mass, which entails much labor and loss in the work of assorting and delivering to the respective owners. Previous to the organization of the Eagle Rapids Flooding Dam and Boom Company, in 1872, the work of securing the stock after putting it into the river was more difficult than to cut and haul it. At the cities of Eau Claire and Chippewa Falls, where most of the mills are located, the current, under the influence of high water, is very rapid, and for years the problem was, how to stop and retain the logs, as they would go by in great masses and with almost resist- less velocity. In 1847 is recorded one of the most sudden and disastrous floods, in the history of log-running streams. In the month of June the Chippewa rose twelve feet in a single night. LUMBER MANUFAGTUEE. 389 and, in the disastrous torrent that was created, piers, booms, or " pockets " for holding logs at the mills, together with a fine new mill, were swept away, and the country below where Eau Claire now stands was covered with drift-wood, saw-logs, and other debris. Such occurrences led to the invention of the since famous sheer boom, which is a device placed in the river opposite the mill t^oom into which it is desired to turn the logs. The sheer boom is thrown diagonally across the river, automatically, the action of the current upon a number of ingeniously arranged "fins'' holding it in position. By this means the logs are sheered into the receptacle until it is filled, when the sheer boom, by closing up the " fins" with a windlass, falls back and allows the logs to go on for the next mill to stop and capture its pocket full in like manner. By this method each mill could obtain a stock, but a great difficulty was experienced from the fact that the supply was composed of logs cut and owned by everybody operating on the river, and the process of balancing accounts according to the " marks," at the close of the season, has been one prolific of trouble and legal entanglements. The building of improvements at Eagle Rapids by the company above mentioned remedied the difldculty to some extent, but the process of logging will always be a difficult and hazardous enterprise until adequate means for holding and assorting the entire log product are provided. Upon the Yellow and Eau Claire rivers, two important branches of the Chippewa, such difficulties are avoided by suitable improvements. The entire lumber product of the Chippewa, with the exception of that consumed locally, is floated in rafts to markets upon the Mississippi, between its mouth and St. Louis. The quality of the timber is good, and commands the best market price in the sections where it seeks market. West of the Chippewa district the streams and timber are tributary to the St. Croix, and in all statistical calculations the entire product of that river is credited to Minnesota, the same as that of the Menomonee is given to Michigan, when in fact about one half of each belongs to Wisconsin. The important branches of the St. Croix belonging in this state are the Apple Clam, Yellow, Namekogan, Totagatic and Eau Claire. The sections of country through which they flow contain large bodies of very fine pine tirnber. The St. Croix has long been noted for the excellence of its dimension timber. Of this stock a portion is cut into lumber at Stillwater, and marketed by rail, and the balance is sold in the log to mills on the Mississippi. Such is a brief and somewhat crude description of the main lumbering districts of the state. Aside from these, quite extensive operations are conducted upon various railway lines which penetrate the forests which are remote from log-running streams. In almost every county in the state, mills of greater or less capacity may be found cutting up pine or hard- woods into lumber, shingles, or cooperage stock. Most important, in a lumbering point of view, of all the railroads, is the Wisconsin Central. It extends from Milwaukee to Ashland, on Lake Superior, a distance of 351 miles, with a line to Green Bay, 113 miles, and one from Stevens Point to Portage, 7 1 miles, making a total length of road, of 449 miles. It has only been completed to Ashland within the last two years. From Milwaukee to Stevens Point it passes around to the east and north of Lake Winnebago, through an excellent hard-wood section. There are many stave mills in operation upon and tributary to its line, together with wooden-ware establishments and various manufactories requiring either hard or soft limber as raw material. From Stevens Point northward, this road passes through and has tributary to it one of the finest bodies of tim- ber in the state. It crosses the upper waters of Black river and the Flambeau, one of tfie main tributaries of the Chippewa. From 30,000,000 to 50,000,000 feet of lumber is annually manu- factured on its line, above Stevens Point. The Wisconsin Valley railroad extends from Tomah to Wausau, and was built to afford an outlet, by rail, for the lumber produced at the latter point. The extent of the timber supply in this state has been a matter of much speculation, and 190 HISTOBY or WISCONSIN. is a subject upon which but little can be definitely said. Pine trees can not be counted or measured until reduced to saw-logs or lumber. It is certain that for twenty years the forests of Wisconsin have yielded large amounts of valuable timber, and no fears are entertained by holders of pine lands that the present generation of owners will witness an exhaustion of their supply. In some sections it is estimated that the destruction to the standing timber by fires, which periodically sweep over large sections, is greater than by the axes of the loggers. The necessity for a state system of forestry, for the protection of the forests from fires, has been urged by many, and with excellent reason ; for no natural resource of the state is of more value and importance than its wealth of timber. According to an esti- mate recently made by a good authority, and which received the sanction of many interested parties, there was standing in the state in 1876, an amount of pine timber approximating 35,000,000,000 feet. The annual production of lumber in the districts herein described, and from logs floated out of the state to mills on the Mississippi, is about 1,200,000,000 feet. The following table gives the mill capacity per season, and the lumber and shingles manufactured in 1876 : Green Bay Shore Wolf River _ Wisconsin Central Railroad. '_. Green Bay & Minnesota Railroad. Wisconsin River Black River - Chippewa River Mississippi River — using Wisconsin logs Total SEASON CAPACITY. 206,000,000 258,500,000 72,500.000 34,500,000 222,000,000 101,000,000 311,000,000 509,000,000 1,714,500,000 LUMBER MANUFACTURED 'IN 1876. 138,250,600 138,645,077 31,530,000 17,700,000 139,700,000 70.852,747 255,866,999 380,067,000 1,172,611,823 SHINGLES MANUFACTURED IN 1876. 85,400,000 123,192,000 132,700,000 10,700,000 106,250,000 37.675.000 79,250,000 206,977,000 782,144,000 If to the above is added the production of mills outside of the main districts and lines of rail- way herein described, the amount of pine lumber annually produced from Wisconsin forests would reach 1,500,000,000 feet. Of the hard-wood production no authentic information is obtainable To cut the logs and place them upon the banks of the streams, ready for floating to the mills requires the labor of about 18,000 men. Allowing that, upon an average, each man has a family of two persons besides himself, dependent upon his labor for support, it would be apparent that the first step in the work of manufacturing lumber gives employment and support to 54,000 persons. To convert r,ooo,ooo feet of logs into lumber, requires the consumption of 1,200 bushels of oats, 9 barrels of pork and beef, 10 tons of hay, 40 barrels of flour, and the use of 2 pairs of horses. Thus the fitting out of the logging companies each fall makes a market for 1,800,000 bushels of oats, 13,500 barrels of pork and beef, 15,000 tons of hay, and 60,000 barrels of flour. Before the lumber is sent to market, fully $6,000,000 is expended for the labor employed in producing it. This industry, aside from furnishing the farmer of the west with the cheapest and best of materials for constructing his buildings, also furnishes a very important market for the products of his farm. The question of the exhaustion of the pine timber supply has met with much discussion during the past few years, and, so far as the forests of Wisconsin are concerned, deserves a brief notice. The great source of supply of white pine timber in the country is that portion of the northwest between the shores of Lake Huron and the banks of the Mississippi, comprising the LUMBEK MANUFACTUBE. 191 northern portions of the states of Michigan, Wisconsin and Minnesota. For a quarter of a century these fields have been worked by lumbermen, the amount of the yearly production having increased annually until it reached the enormous figure of 4,000,000,000 feet. With all of this tremendous drain upon the forests, there can be pointed out but one or two sections that are actually exhausted. There are, however, two or three where the end can be seen and the date almost foretold. The pineries of Wisconsin have been drawn upon for a less period and less amount than those of Michigan, and, it is generally conceded, will outlast them at the present proportionate rate of cutting. There are many owners of pine timber lands who laugh at the prospect of exhausting their timber, within their lifetime. As time brings them nearer to the end, the labor of procuring the logs, by reason of the distance of the timber from the water-courses, will increase, and the work will progress more slowly. In the future of this industry there is much promise. Wisconsin is the natural source of supply for a very large territory. The populous prairies of Illinois and Iowa are near-by and unfailing markets. The broad plains of Kansas and the rich valleys of Nebraska, which are still in the cradle of development, will make great drafts upon her forests for the material to construct cities in which the first corner-stone is yet unlaid. Minnesota, notwithstanding the fact that large forests exist within her own confines, is even now no mean customer for Wisconsin lumber,' and the ambitious territory of Dakota will soon clamor for material to build up a great and wealthy state. In the inevitable progress of development and growth which must characterize the great west, the demand for pine lumber for building material will be a prominent feature. With the growth of time, changes will occur in the methods of reducing the forests. With the increasing demand and enhancing values will come improvements in manipulating the raw material, and a stricter economy will h6 preserved in the handling of a commodity which the passage of time only makes more valuable. Wisconsin will become the home of manufactories, which will convert her trees into finished articles of daily consumption, giving employment to thousands of artisans where it now requires hundreds, and bringing back millions of revenue where is , now realized thousands. Like all other commodities, lumber becomes more valuable as skilled labor is employed in its manipulation, and the greater the extent to which this is carried, the greater is the growth in prosperity, of the state and its people. BAI^JKING IN WISCONSIN. By JOHN P. McGregor. Wisconsin was organized as a territory in 1836, and the same year several acts were passed by the territorial legislature, incorporating banks of issue. Of these, one at Green Bay and another at Mineral Point went into operation just in time to play their part in the great panic of 1837. The bank at Green Bay soon failed and left its bills unredeemed. The bank at Mineral Point is said to have struggled a little longer, but both these concerns were short lived and their issues were but a drop in the great flood of worthless wild-cat bank notes that spread over the whole western country in that disastrous time. The sufferings of the people of Wis- consin, from this cause, left a vivid impression on their minds, which manifested its results in the legislation of the territory and in the constitution of the state adopted in 1848. So jealous were the legislatures of the territory, of banks and all their works, that, in every act of incorporation for any purpose, a clause was inserted to the effect that nothing in the act contained should be 192 HISTORY or WISCONSIN. taken to authorize the corporation to assume or exercise any banking powers ; and this proviso was even added to acts incorporating church societies. For some years there can hardly be said to have been any banking business done in the territory ; merchants and business men were left to their own devices to make their exchanges, and every man was his own banker. In the year 1839 an act was passed incorporating the " Wisconsin Marine arid Fire Insurance Company," of Milwaukee. This charter conferred on the corporation, in addition to the usual powers of a fire and marine insurance company, the privilege of receiving deposits, issuing certifi- cates of deposit and lending money, — and wound up^ with the usual prohibition from doing a banking business. This company commenced business at once under the management of George Smith as president and Alexander Mitchell as secretary. The receiving deposits, issuing certifi- cates of deposit and lending money, soon outgrew and overshadowed the insurance branch of the institution, which accordingly gradually dried up, In fact, the certificates of deposit had all the appearance of ordinary bank notes, and served the purposes of an excellent currency, being always promptly redeemed in coin on demand. Gradually these issues attained a great circulation all through the west, as the people gained more and more confidence in the honesty aJld ability of the managers ; and though " runs " were several times made, yet being successfully met, the public finally settled down into the belief that these bills were good beyond question, so that the amount in circulation at one time, is said, on good authority, to have been over $2,000,000. As the general government required specie to be paid for all lands bought of it, the Wis- consin Marine and Fire Insurance company, by redemption of its " certificates of deposit," furnished a large part of the coin needed for use at the Milwaukee land office, and more or less for purchases at land offices in other parts of the state, and its issues were of course much in ^ request for this purpose. For many years this institution furnished the main banking facilities for the business men of the territory and young state, in the way of discounts and exchanges. Its right to carry on the operations it was engaged in, under its somewhat dubious and incon- sistent charter, was often questioned, and, in 1852, under the administration of Governor Farwell, some steps were taken to test the matter ; but as the general banking law hadf,then been passed by the legislature, and was about to be submitted to the people, and as it was understood that the company u-ould organize as a bank under the law, if approved, the legal proceedings were not pressed. While this corporation played so important a, part in the financial history and commer- cial development of Wisconsin, the writer is not aware of any available statistics as to the amount of business transacted by it before it became merged in the "Wisconsin Marine and Fire Insurance Company's Bank." In 1847, the foundation of the present well-known firm of Marshall & Ilsley was laid by Samuel Marshall, who, in that year, opened a private banking office in Milwaukee, and was joined in 1849 by Charles F. Ilsley. This concern has always held a prominent position among the banking institutions of our state. About this time, at Mineral Point, Washburn & Woodman (C. C. Washburn and Cyrus Woodman) engaged in private banking, as a part of their business. After some years they were succeeded by Wm. T. Henry, who still continues the banking office. Among the early private bankers of "the state were Mr. Kellogg, of Oshkosh ; Ulmann and Bell, of Racine ; and T. C. Shove, of Manitowoc. The latter still continues his business, while that of the other firms has been wound up or rnerged in organized banks. ' In 1848, Wisconsin adopted a state constitution. This constitution prohibited the legislature from incorporating banks and from conferring banking powers on any Corporation ; but provided the question of " banks or no banks " might be submitted to a vote of the electors, and, if the decision should be in favor of banks, then the legislature might charter banks or might enact a BAiJ-KING IN" WISCONSIN. 193 gen-eral banking law, but no such special charter or general banking law should have any force until submitted to the electors at a general election, and approved by a majority of votes cast on that subject. In 1851, the legislature submitted this question to the people, and a majority of the votes were cast in favor of " banks.'" Accordingly the legislature, in 1852, made a general banking law, which was submitted to the electors in November of that year, and was approved by them. This law was very similar to the free banking law of the state of New York, which had then been in force about fifteen years, and was generally approved in that state. Our law authorized any number of individuals to form a corporate association for banking purposes, and its main provisions were intended to provide security for the circulating notes, by deposit of state and United States stocks or bonds with the state treasurer, so that the bill holders should sustain no loss in case of the failure of the banks. Provision was made for a bank comptroller, whose main duty it was to see that countersigned circulating notes were issued to banks only in proper amounts -for the securities deposited, and upon compliance with the law, and that the banks kept these securities good. The first bank comptroller was James S. Baker, who was appointed by Governor Farwell. The first banks organized under the new law were the " State Bank," established at Madi- son by Marshall & Ilsley, and the "Wisconsin Marine and Fire Insurance Company's Bank," established at Milwaukee under the old management of that company. These banks both went intooperation early in January, 1853, and, later in that year, the " State Bank of Wisconsin" (now Milwaukee National Bank of Wisconsin), and the " Farmers' and Millers' Bank " (now First National Bank of Milwaukee), were established, followed in January, 1854, by the "Bank of Mil- waukee " (now National Exchange Bank of Milwaukee). From this time forward banks were rapidly established at different points through the state, until in July, 1857, they numbered sixty — with aggregate capital, $4,205,000; deposits, $3,920,238; and circulation, $2,231,829. In October, the great revulsion and panic of 1857 came on, and in its course and effects tried pretty severely the new banks in Wisconsin. Some of them succumbed to the pressure, but most of them stood the trial well. The great source of loss and weakness at that time was found in the rapid decline of the market value of the securities deposited to protect circulation, which were mostly state bonds, and largely those of the southern states ; so that this security, when it came to be tried, did not prove entirely sufficient. Another fault of the system, or of the practice under it, was developed at this time. It was found that many of the banks had been set up without actual working capi- tal, merely for the purpose of issuing circulating notes, and were located at distant and inaccessible points in what was then the great northern wilderness of the state ; so that it was expensive and in fact impracticable to present their issues for redemption. While these evils and their rem- edies were a good deal discussed among bankers, the losses and inconveniences to the people were not yet great enough to lead to the adoption of thorough and complete measures of reform. The effect of these difficulties, however, was to bring the bankers of the state into the habit of consulting and acting together in cases of emergency, the first bankers' convention having been held in 1857. This was followed by others from time to time, and it would be difficult to over- value the great good that has resulted, at several important crises from the har.i.onious and con- servative action of the bankers of our state. Partly, at least, upon their recommendations the legislature, in 1858, adopted amendments to the banking law, providing that no bank should be located in a township containing less than two hundred inhabitants ; and that the comptroller should not issue circulating notes, except to banks doing a regular discount deposit and exchange business in some inhabited town, village, city, or where the ordinary business of inhabited towns, villages and cities was carried on. These amendments were approved by the people at the fall 194 HISTORY OF WISCONSIlir. election of that year. Banking matters now ran along pretty smoothly until the election in i860, of the republican presidential ticket, and the consequent agitation in the southern states threatening civil war, the effects of which were speedily felt; first, in the great depreciation of the bonds of the southern states, and then in a less decline in those of the northern states. At this time (taking the state- ment of July, i860,) the number of banks was 104, with aggregate capital, $6,547,000; circula- tion, $4,075,9x8; deposits, $3,230,252. During the winter following, there was a great deal of uneasiness in regard to our state cur- rency, and co.itinuous demand upon our banks for the redemption of their circulating notes in coin. Many banks of the wild-cat sort failed to redeem their notes, which became depreciated and uncurrent ; and, when the rebellion came to a head by the firing on Fort Sumter, the banking interests of the state were threatened with destruction by compulsory winding up and enforced sale at the panic prices then prevailing, of the seciirities deposited to secure circulation. Under these circumstances, on the 17th of April, 1861, the legislature passed " an act to protect the holders of the circulating notes of the authorized banks of the state of Wisconsin." As the banking law could not be amended except by approval of the electors, by vote at a general election, a practical suspension of specie payment had to be effected by indirect methods. So this act first directed the bank comptroller to suspend all action toward banks for failing to redeem their circulation. Secondly, it prohibited notaries public from protesting bills of banks until Dec i, 1861. Thirdly, it gave banks until that date to answer complaints in any proceed- ing to compel specie payment of circulating notes. This same legislature also amended the banking law, to cure defects that had been developed in it. These amendments were intended to facilitate the presentation and protest of circulating notes, and the winding up of banks failing to redeem them, and provided that the bank comptroller should not issue circulating notes except to banks having actual cash capital ; on which point he was to take evidence in all cases ; that after Dec. i, i86i, all banks of the state should redeem their issues either at Madison or Milwaukee, and no bonds or stocks should be received as security for circulation except those of the United States and of the state of Wisconsin. Specie payment of bank bills was then practically suspended, in our state, from April 17 to December i, 1861, and there was no longer any plain practical test for determining which were good, and which not. In this condition of things, bankers met in convention, and, after discus- sion and inquiry as to the condition and resources of the different banks, put forth a list of those whose issues were to be considered current and bankable. But things grew worse, and it was ,evident that the list contained banks that would never be able to redeem their circulation, and the issues of such were from time to time thrown out and discredited without any concert of action, so that the uneasiness of people in regard to the financial situation was greatly increased. The bankers finally met, gave the banks another sifting, and put forth a list of seventy banks, whose circulating notes they pledged themselves to receive, and pay out as current, until Decem- ber I. There had been so many changes that this pledge was thought necessary to allay the apprehensions of. the public. But matters still grew worse instead of better. Some of the banks in the " current " list closed their doors to their depositors, and others were evidently unsound, and their circulation so insufficiently secured as to make it certain that it would never be redeemed. There was more or less sorting of the currency, both by banks and business men, all over the state, in the endeavor to keep the best and pay out the poorest. In this state of things, some of the Milwaukee banks, without concert of action, and acting under the apprehen- sion of being loaded up with the very worst of the currency, which, it was feared, the country banks and merchants were sorting out and sending to Milwaukee, revised the list again, and BANKING IN WISCONSIN. 195 threw out ten of the seventy banks whose issues it had been agreed should be received as current. Other banks and bankers were compelled to take the same course to protect them- selves. The consequence was a great disturbance of the public mind, and violent charges of bad faith on the part of the banks, which culminated in the bank riots of June 24, 1861. On that day, a crowd of several hundred disorderly people, starting out most probably only with the idea of making some sort of demonstration of their dissatisfaction with the action of the banks and bankers and with the failure to keep faith with the public, marched through the streets with a band of music, and brought up at the corner of Michigan and East Water streets. The banks had just sufficient notice of these proceedings to enable them to lock up their money and valuables in their vaults, before the storm broke upon them. The mob halted at the place above mentioned, and for a time contented themselves with hooting, and showed no dispo- sition to proceed to violence ; but, after a little while, a stone was thrown through the windows of the Wisconsin Marine and Fire Insurance Company's Bank, situated at one corner of the above streets, and volley ; of stones soon followed, not only against that bank, but also against the State Bank of Wisconsin, situated on the opposite corner. The windows of both these institutions and of the offices in the basements under them were effectually demolished. The mob then made a rush into these banks and offices, and completely gutteJ them, offering more or less violence to the inmates, though no person was seriously hurt. The broken furni- ture of the offices under the State Bank of Wisconsin was piled up, and the torch was applied by some of the rioters, while others were busy in endeavoring to break into the safes of the offices and the vaults of the banks. The debris of the furniture in the office of the Wisconsin Marine and Fire Insurance (Company's Bank, was also set on fire, and it was plain that if the mpb was not immediately checked, the city would be given up to conflagration and pillage — the worst elements, as is always the case with mobs, having assumed the leadership. Just at that juncture, the Milwaukee zouaves, a small military company, appeared on the scene, and with the hel^ of the firemen who had been called out, the mob was put to flight, and the incipient fire was extin- guished. The damage so far done was not great in amount, and the danger for the moment was over; but the situation was still grave, as the city was full of threats, disturbance and apprehension. By the prompt action of the authorities, a number of companies of volunteers were brought from different places in the state, order was preserved, and, after muttering for three or four days, the storm died away. The eff"ect of that disturbance and alarm was, however, to bring home to the bankers and business men the conviction that effectual measures must be taken to settle our state currency matters on a sound and permanent basis, and that the issues of all banks that, could not be put in shape to meet specie payment in December, must be retired from circulation and be got out of the way. A meeting of the bankers was held; also of the merchants' association of Milwaukee, and arrangements were made to raise $100,000, by these two bodies, to be used in assisting weak and crippled banks in securing or retiring their circulation. The, bankers appointed a committee to take the matter in charge. It happened that just at this time Governor Randall and State Treasurer Hastings returned from New York City, where they had been making unsuccessful efforts to dispose of $800,000 of Wisconsin war bonds, which had been issued to raise funds to fit out Wisconsin volunteers. Our state had never had any bonds on the eastern market. For other reasons, our credit was not high in New York, and it had been found impossible to dispose of these bonds for over sixty cents on the dollar. , The state officers conferred with the bankers to see what could be done at home ; and it was finally arranged that the bankers' committee should undertake to get the state banks to dispose of their southern and other depreciated state bonds on deposit to 196 HISTOET OF WISCONSIN. secure circulation, for what they would bring in coin, in New York, and replace these bonds with those of our own state, .which were to be taken by our banks nominally at par — seventy percent, being paid in cash, and the different banks purchasing bonds, giving their individual obligation for the thirty per cent, balance, to be paid in semi-annual installments, with an agreement that the State should deduct these installments from the interest so long as these bonds should remain on deposit with the state. By the terms of the law, sixty per cent, of the proceeds of the bonds had to be paid in coin. The bankers' committee went to work, and with some labor and difficulty induced most of the banks to sell thpir southern securities at the existing low prices in New York, and thus produce fhe coin required to pay for our state bonds. From the funds provided by the merchants and bankers, they assisted many of the weaker banks to make good their securities with the banking department of the state. By the 19th of July, six of the ten rejected banks that had been the occasion of the riot, were made good, and restored to the list. The other four were wound up, and their issues redeemed at par, and, before the last of August, the value of the securities of all the banks on the current list were brought up to their circulation, as shown by the comptroller's report. Wisconsin currency at the time of the^bank riot was at a discount of about 15 per cent., as compared with gold or New York exchange. At the middle of July the' discount was 10 to 12 per cent., and early in August it fell to 5 per cent. The bankers' committee continued their work in preparation for the resumption of specie payment on December i. While the seciirities for the bank circulation had been made good, it was, nevertheless, evident that many of the banks on the current list would not be equal to the continued 'redemption of their bills in specie, and that they would have to be wound up and got out of the way in season. Authority was got from such institutions, as fast as possible, for the bankers' committee to retire their circulation and sell their securities. The Milwaukee banks and bankers took upon themselves the great burden of this business, having arranged among themselves to sort out and withhold from cir- culation the bills of these banks, — distributing the load among themselves in certain defined proportions. Instead of paying out these doubted bills, the different banks brought to the bank- ers' committee such amounts as they accumulated from time to time, and received from the Committee certificates of deposit bearing seven per cent, interest, and these bills were locked up by the committee until the securities for these notes could be sold and the proceeds realized. Over $400,000 of this sort of paper was locked up by the committee at one time ; but it was all converted into cash, and, when the first of December came, the remaining banks of this state were ready to redeem their issues in gold or its equivalent, and so continued to redeem until the issue of the legal-tender notes and the general suspension of specie payment in the United , States. In July, 1861, the number of our banks was 107, with capital, $4,607,000; circulation, $2,317,907 ; deposits, $3,265,069. By the contraction infcident to the preparations for redemption in specie, the amount of cur- rent Wisconsin bank notes outstanding December i, 1861, was reduced to about $1,500,000., When that day came, there was quite a disposition manifested to convert Wisconsin currency into coin, and a sharp financial pinch was felt for a few days ; but as the public became satisfied that the banks were prepared to meet the demand, the call for redemption rapidly fell off, and the banks soon began to expand their circulation, which was now current and in good demand all through the northwestern states. The amount saved to all the interests of our state, by this successful effort to save our banking system from destruction, is beyond computation. From this time our banks ran along quietly until prohibitory taxation by act of congress drove the bills of state banks out of circulation. BANKING IN WISCONSIN. 197 The national banking law was passed in 1863, and a few banks were soon organized under ' it in different parts of the country. The first in Wisconsin was formed by the re-organization of the Farmers' and Millers' Bank, in August, 1863, as the First National Bank of Milwaukee, with Edward D. Holton as president, and H. H. Camp, cashier. The growth of the new system, however, was not very rapid ; the state banks were slow to avail themselves of the privileges of the national banking act, and the central authorities concluded to compel them to come in ; so facilities were offered for their re-organization as national banks, and then a tax of ten per cent, was laid upon the issues of the state banks. This tax was imposed by act of March, 1865, and at once caused a commotion in our state. In July, 1864, the number of Wisconsin state banks was sixty-six, with capital $3,147,000, circulation $2,461,728, deposits $5,483,205, and these figures were probably not very different in the spring of 1865. The securities for the circulating notes were in great part the bonds of our own state, which, while known by our own people to be good beyond question, had never been on the general markets of the country so as to be cur- rently known there ; and it was feared that in the hurried retirement of our circulation these bonds would be sacrificed, the currency depreciated, and great loss brought upon our banks and people. There was some excitement, and a general call for the redemption of our state circula- tion, but the banks mostly met the rlin well, and our people were disposed to stand by our owq state bonds. In April, 1861, the legislature passed laws, calling in the mortgage loans of the school fund, and directing its investment in these securities. The state treasurer was required to receive Wisconsin bank notes, not only for taxes and debts due the state, but also on deposit, and to issue certificates for such deposits bearing seven per cent, interest. By these and like means the threatened panic was stopped ; and in the course of a few months Wisconsin state currency was nearly all withdrawn from circulation. In July, 1865, the number of state banks was twenty-six, with capital $1,087,000, circulation $192,323, deposits $2,284,210. Under the pressure put on by congress, the organization of national banks, and especially the re-organiza- tion of state banks, under the national system, was proceeding rapidly, and in a short time nearly every town in our own state of much size or importance was provided with one or more of these institutions. In the great panic of 1873, all the Wisconsin banks, both state and national (in common with those of the whole country), were severely tried; but the failures were few and unimpor- tant ; and Wisconsin went through that ordeal with less loss and disturbance than almost, any other state. We have seen that the history of banking in Wisconsin covers a stormy period, in which great disturbances and panics have occurred at intervals of a few years. It is to be hoped that a more peaceful epoch will succeed, but permanent quiet and prosperity can not rationally be expected in the present unsettled condition of our currency, nor until we have gone through the temporary stringency incidental to the resumption of specie payment. According to the last report of the comptroller of the currency, the number of national banks in Wisconsin in November, 1876, was forty, with capital $3,400,000, deposits $7,145,360, circulation $2,072,869. At this time (July, 1877) the number of state banks is twenty-six, with capital $1,288,231, deposits $6,662,973. Their circulation is, of course, merely nominal, though there is no legal obstacle to their issuing circulating notes, except the tax imposed by congress. COMMERCE AND MANUFACTURES. By Hon. H. H. GILES. The material philosophy of a people has to do with the practical and useful. It sees in iron, coal, cotton, wool, grain and the trees of the forest, the elements of personal comfort and sources of material greatness, and is applied to their development, production and fabrication for purposes of exchange, interchange and sale. The early immigrants to Wisconsin territory found a land teeming with unsurpassed natural advantages ; prairies, timber, water and minerals, invit- ing the farmer, miner and lumberman, to come and build houses, furnaces, mills and factories. The first settlers were a food-producing people. The prairies and openings were ready for the plow. The ease with which farms were brought under cultivation, readily enabled the pioneer to supply the food necessary for himself and family, while a surplus was often produced in a few months. The hardships so often encountered in the settlement of a new country, where forests must be felled and stumps removed to prepare the soil for tillage, were scarcely known, or greatly mitigated. During the decade from 1835 to 1845, so great were the demands for the products of the soil, created by the tide of emigration, that the settlers found a home market for all their surplus products, and so easily were crops grown that, within a very brief time after the first emigration, but little was required from abroad. The commerce of the country was carried on by the exchange of products. The settlers (they could scarcely be called farmers) would exchange their wheat, corn, oats and pork for the goods, wares and fabrics of the village merchant. It was an age of barter ; but they looked at the capabilities of the land they had come to possess, and, with firm faith, saw bright promises of better days in the building up of a great state. It is not designed to trace with minuteness the history of Wisconsin through the growth of its commercial and manufacturing interests. To do it justice would require a Volume. The aim of this article will be to present a concise view of its present status. Allusion will only be incidentally made to stages of growth and progress by which it has been reached. Few states in the Union possess within their borders so many, and in such abundance, elements that contribute to the material prosperity of a people. Its soil of unsurpassed fertility ; its inexhaustible mines of lead, copper, zinc and iron ; its almost boundless forests ; its water-powers, sufficient to drive the machinery of the world ; its long lines of lake shore on two sides, and the " Father of waters " on another, — need but enterprise, energy and capital to utilize them in building an empire of wealth, where the hum of variedjndustries shall be heard in the music of the sickle, the loom and the anvil. The growth of manufacturing industries was slow during the first twenty-five years of our history. The early settlers were poor. Frequently the land they tilled was pledged to obtain means to pay for it. Capitalists obtained from twenty to thirty per cent, per annum for the use of their money. Indeed, it was the rule, under the free-trade ideas of the money-lenders for them to play the Shylock. While investments in bonds and mortgages were so profitable, few were ready to improve the natural advantages the country presented for building factories and work-shops. COMMEKCE AISTD MAlSTUrACTURES. 199 For many years, quite all the implements used in farming were brought from outside the state. While this is the case at present to some extent with the more cumbersome farm machinery, quite a proportion of that and most of the simpler and lighter implements are made at home, while much farm machinery is now manufactured for export to other states. Furs. The northwest was visited and explored by French voyageurs and missionaries from Canada at an early day. The object of the former was trading and gain. The Jesuits, ever zealous in the propagation of their religion, went forth into the unknown wilderness to convert the natives to their faith. As early as 1624, they were operating about Lake Huron and Mackinaw. Father Menard, it is related, was with the Indians on Lake Superior as early as 1661. The early explorers were of two classes, and were stimulated by two widely different motives — the voyag- eurs, by the, love of gain, and the missionaries, by their zeal in the propagation of their faith. Previous to 1679, a considerable trade in furs had sprung up with Indian tribes in the vicinity of Mackinaw and the northern part of " Ouisconsin." In that year more than two hundred canoes, laden with furs, passed Mackinaw, bound for Montreal. The whole commerce of this vast region then traversed, was carried on with birch-bark canoes. The French used them in traversing wilds — otherwise inaccessible by reason of floods of water at one season, and ice and snow at another — also lakes and morasses which interrupted land journeys, and rapids and cataracts that cut off communication by water. This little vessel enabled them to overcome all difficulties. Being buoyant, it rode the waves, although heavily freighted, and, of light draft, it permitted the traversing of small streams. Its weight was so light that it could be easily carried from one stream to another, and around rapids and other obstructions. With this little vessel, the fur trade of the northwest was carried on, as well as the interior of a vast continent explored. Under the stimulus of commercial enterprise, the French traders penetrated the recesses ot the immense forests whose streams were the home of the beaver, the otter and the mink, and in whose depths were found the martin, sable, ermine, and other fur-bearing animals. A vast trade in furs sprung up, and was carried on by different agents, under authority of the French government. When the military possession of the northwestern domain passed from the government of France to that of Great Britain in 1760, the relationship of the fur trade to the government changed. The government of France had controlled the traffic, and made it a means of strength- ening its hold upon the country it possessed. The policy of Great Britain was, to charter companies, and grant them exclusive privileges. The Hudson bay company had grown rich and powerful between 1670 and 1760. Its success had excited the cupidity of capitalists, and rival organizations were formed. The business of the company had been done at their trading-stations — the natives bringing in their furs for exchange and barter. Other companies sent their voyageurs into every nook and comer to traffic with the trappers, and even to catch the fur-bear- ing animals themselves. In the progress of time, private parties engaged in trapping and deaUng in furs, and, under the competition created, the business became less profitable. In 1815, congress passed an act prohibiting foreigners from dealing in furs in the United States, or any of its territories. This action was obtained through the influence of John Jacob Astor. Mr. Aster organized the American fur company in 1809, and afterward, in connection with the North- west company, bought out the Mackinaw company, and the two were merged in the Southwest company. The association was suspended by the war of r8i2. The American re-entered the field in i8r6. The fur trade is still an important branch of traffic in the northern part of the state, and, during eight months of the year, employs a large number of men. 200 HISTOKY or WISCONSIN. Lead and Zinc. In 1824, the lead ore in the southwestern part of Wisconsin began to attract attention'. From 1826 to 1830, there was a great rush of miners to this region, somewhat like the Pike's Peak excitement at a later date. The lead-producing region of Wisconsin covers an area of about 2,200 square miles, and embraces parts of Grant, Iowa and La Fayette counties. Between 1829 and 1839, the production of lead increased from 5,000 to 10,000 tons. After the latter year it rose rapidly, and attained its maximum in 1845, when it reached nearly 25,000 tons. Since that time the production has decreased, although still carried on to a considerable extent. The sulphate and carbonate of zinc abound iii great quantities with the lead of southwest Wisconsin. Owing to the difficulty of working this class of ores, it was formerly allowed to accumulate about the mouths of the mines. Within a few years past, metallurgic processes have been so greatly improved, that the zinc ores have been largely utilized. At La Salle, in the state of Illinois, there are three establishments for smelting zinc ores. There is also one at Peru, III. To smelt zinc ores economically, they are taken where cheap fuel is available. Hence, the location of these works in the vicinity of coal mines. The works .mentioned made in 1875, from ores mostly taken from Wisconsin, 7,510 tons of zinc. These metals are, therefore, impor- tant elements in the commerce of Wisconsin. Iron. The iron ores of Wisconsin occur in immense beds in several localities, and are destined to prove of great value. From their product in 1863, there were 3,735 tons of pig iron received at Milwaukee; in 1865, 4,785 tons ; in 1868, 10,890 tons. Of the^ latter amount, 4,648 tons were from the iron mines at Mayville. There were shipped from Milwaukee, in 1868, 6,361 tons of pig iron. There were also received 2,500 tons of ore from the Dodge county ore beds. During 1869, the ore beds at Iron Ridge were developed to a considerable extent, and two large blast furnaces constructed in Milwaukee, at which place there were 4,695 tons of ore received, and 2,059 tons were shipped to Chicago and Wyandotte. In 1870, 112,060 tons of iron ore were received at Milwaukee, 95,000 tons of which were from Iron Ridge, and 17,060 tons from Esca- naba and Marquette, in Michigan. The total product of the mines at Iron Ridge in 1871 was 82,284 tons. The Milwaukee iron company received by lake, in the same year, 28,094 tons of' Marquette iron ore to mix with the fornier in making railroad iron. In 1872, there -were receivea from Iron Ridge 85,245 tons of ore, and 5,620 tons of pig iron. Much of the metal made by the Wisconsin iron company in 1872 was shipped to St. Louis, to mix with the iron made from Missouri ore. The following table shows the production of pig iron in Wisconsinj for 1872, 1873 and 1874, in tons : Furnaces. 1872. 1873. 1874. Milwaukee Iron Company, Milwaukee. - Minerva Furnace Company, Milwaukee Wisconsin Iron Company, Iron Ridge - . . Northwestern Iron Company, Mayville Appleton Iron Company, Applet on Green Bay Iron Company, Green Bay National Iron Company, Depeie Fox River Iron Company, W. Depere Ironton Furnace; Sauk county _ 21,818 3.350 5.033 4,888 6,910 3.420 5.600 1,780 29,326 5,822 4.155 4.137 8,044 6,141 7.999 6,832 1,528 33.000 3.306 3.000 6,500 6,000 6,500 7,000 ],3oo 52,797 73,980 66,600 COMMERCE AND MANUEACTURES. 201 The Milwaukee iron company, during the year 1872, entered into the manufacture of mer- chant iron — it having been demonstrated that the raw material could be reduced there cheaper than elsewhere. The Minerva furnace company built also during the same year one of the most compact and complete iron furnaces to be found any where in the country. During the year 1873, the iron, with most other material interests, became seriously prostrated, so that the total receipts of ore in Milwaukee in 1874 amounted to only 31,993 tons, against 69,418 in 1873, and 85,245 tons in 1872. There were made in Milwaukee in 1874, 29,680 tons of railroad iron. In 1875, 58,868 tons of ore were received at Milwaukee, showing a revival of the trade in an increase of 19,786 tons over the previous year. The operation of the works at Bay View having suspended, the receipts of ore in 1876, at Milwaukee, were less than during any year since 1869, being only 31,119 tons, of which amount only 5,488 tons were from Iron Ridge, and the total shipments were only 498 tons. Lumber. The business of lumbering holds an important rank in the commerce of the state. For many years the ceaseless hum of the saw and the stroke of the ax have been heard in all our great forests. The northern portion of the state is characterized by evergreen trees, principally pine ; the southern, by hard-woods. There are exceptional localities, but this is a correct state- ment of the general distribution. I think that, geologically speaking, the evergreens belong to the primitive and sandstone regions, and the hard wood to the limestone and clay formations. Northern Wisconsin, so called, embraces that portion of the state north of forty-five degrees, and possesses nearly all the valuable pine forests. The most thoroughly developed portion of this region is that lying along the streams entering into Green bay and Lake Michigan, and border, ing on the Wisconsin river and other streams entering into the Mississippi. Most of the pine in the immediate vicinity of these streams has been cut off well toward their sources ; still, there are vast tracts covered with dense forests, not accessible from streams suitable for log-driving purposes. The building of railroads into these forests will alone give a market value to a large portion of the pine timber there growing. It is well, perhaps, that this is so, for at the present rate of consumption, but a few years will elapse before these noble forests will be totally destroyed. Most of the lumber manufactured on the rivers was formerly taken to a market by being floated down the streams in rafts. Now, the railroads are transporting large quantities, taking it directly from the mills and unloading it at interior points in Iowa, Illinois ^nd Wisconsin, and some of it in eastern cities. From five to eight thousand men are employed in the pineries in felling the trees, sawing them into logs of suitable length, and hauling them to the mills and streams during every winter in times of fair prices and favorable seasons. The amount of lumber sawed in i860, as carefully estimated, was 355,055,155 feet. The amount of shingles made was 2,272,061, and no account was made of the immense number of logs floated out of the state, for manufac- ture into lumber elsewhere. The amount of logs cut in the winter of 1873 and 1874 was 987,000,000 feet. In 1876 and 1877 the Black river furnished 188,344,464 feet. The Chippewa, 90,000,000; the Red Cedar, 57,000,000. There passed through Beef Slough 129,384,000 feet of logs. Hon. A. H. Eaton, for fourteen years receiver of the United States land office at Stevens Point, estimated the acreage of pine lands in his district at 2,000,000, and, taking his own district as the basis, he estimated the whole state at 8,000,000 acres. Reckoning this at 5,000 feet to the acre, the aggregate pine timber of the state would be 40,000,000,000 feet. The log product annually amounts to an immense sum. In 1876, 1,172,611,823 feet were cut. This is about the average annual draft that is made on • the pine lands. There seems to be no remedy for the 202 HISTOEY OF "WISCONSIN. wholesale destruction of our pine forests, except the one alluded to, the difficulty of transporta- tion, and this will probably save a portion of them for a long time in the future. At the rate of consumption for twenty years past, we can estimate that fifty years would see northern Wiscon- sin denuded of its pine forests ; but our lumber product has reached its maximum, and will probably decrease in the coming years as the distance to be hauled to navigable streams increases. In the mean time lumber, shingles and lath will form an important factor in our commerce, both state and inter-state, and will contribute millions to the wealth of our citizens. Grain. Up to 1841, no grain was exported from Wisconsin to be used as food; but, from the time of its first settlement in 1836 to 1840, the supply of bread stuffs from abroad, upon which the people depended, was gradiially diminished by the substitution of home products. In the winter of 1840 and 1841, E. D. Holton, of Milwaukee, purchased a small cargo of wheat (about 4,000 bushels), and in the spring of 1841, shipped it to Buffalo. This was the beginning of a traffic that has grown to immense proportions, and, since that time, wheat has formed the basis of the commerce and prosperity of the state, until the city of Milwaukee has become the greatest primary wheat mart of the world. The following table gives the exports of flour and grain from Milwaukee for thirty-two years, commencing in 1845 : FLOUR, bbls. WHEAT, bus. CORN, bus. OATS, bus. BARLEY, bus. RYE, bus. 1845 1846 1847 1848 1849 1850 I85I 1852. 1853 1854 1855 1856, 1857 1858 1859 i860 I86I 1862 1863. 1864 1865. 1866. 1867 1868, 1869 1870, I87I. 1872 1873 1874 1875 1876 7.550 15.756 34,840 92.732 136,657 100,017 51,889 92,995 104,055 145,032 181,568 188,455 228.442 298,668 282,956 457.343 674.474 711.405 603,525 414.833 567,576 720,365 921,663 1,017,598 1,220,058 1,225,941 1,211,427 1,232,036 1,805,200 2,217.579 2,163,346 2,654,028 95>5io 213,448 598,411 602,474 1,136,023 297,570 317,285 564,404 956,703 1,809,452 2,641,746 2,761,976 2,581,311 3.994.213 4.732.957 7,568,608 13,300,495 14,915,680 12,837,620 8,992,479 10,479.777 11,634,749 9.598.452 9,867,029 14,272,799 16,127,838 13,409,467 11,570,565 24,994,266 22,255,380 22,681,020 16,804,394 2,500 5,000 13,828 2,220 -^ 270 164,908 112,132 218 472 43.958 41.364 37.204 1,485 9,489 88,989 140,786 71,203 480,408 266,249 342,717 93,806 103,173 419.133 1.557.953 197,920 556,563 226,895 96,908 4,000 2,100 7.892 363,841 131,716 404.999 13,833 5,433 2,775 562,067 299,002 64,682 1,200 79,094 831,600 811,634 326,472 1,636.595 622,469 536,539 351.768 210,187 772,929 1.323.234 990,525 726,035 1,160,450 1,377,560 15,000 15,270 103,840 322,261 291,890 339.338 63,379 10,398 800 63,178 53,216 28,056 5,220 44,800 133.449 23.479 29.597 . 18,988 30,822 95,036 120,662 469,325 576,453 931,725 688.455 464,837 867,970 1,235.481 54.692 80,365 "3,443 20,030 5,378 11,577 9,735 29,810 126,301 84,047 18,210 51,444 255,329 106,795 91.443 78,035 62,494 208,896 209,751 255,928 79,879 98,923 220,964 COMMERCE AND MANUFACTURES. 203 Up to 1856, the shipments were almost wholly of Wisconsin products ; but with the comple- tion of lines of railroad from Milwaukee to the Mississippi river, the commerce of Wisconsin became so interwoven with that of Iowa and Minnesota, that the data furnished by the transpor- tation companies, give us no definite figures relating to the products of our own state. Dairy Products. Wisconsin is becoming largely interested in the dairy business. Its numerous spnngs, streams, and natural adaptability to grass, make it a fine grazing country, and stock thrives remarkably well. Within a few years, cheese-factories have become numerous, and their owners are meeting with excellent success. Wisconsin cheese is bringing the highest price in the markets, and much of it is shipped to England. Butter is also made of a superior quality, and is exten- sively exported. At the rate of progress made during the last few years, Wisconsin will soon take rank with the leading cheese and butter producing states. The counties most largely inter- ested in dairying, are Kenosha, Walworth, Racine, Rock, Green, Waukesha, Winnebago, Sheboy- gan, Jefferson and Dodge. According to estimates by experienced dairymen, the manufacture of butter was 22,473,000 pounds in 1870; 50,130,000 in 1876; of cheese, 1,591,000 pounds in 1870, as against 17,000,000 in 1876, which will convey a fair idea of the increase of dairy produc- tion. The receipts of cheese in Chicago during 1876, were 23,7 80,000 pounds, against 12,000,000 in 1875 ; and the receipts of butter were 35,384,184, against 30,248,247 pounds in 1875. It is esti- mated that fully one-half of these receipts were from Wisconsin. The receipts of butter in Milwaukee were, in 1870, 3,779,114 pounds; in 1875, 6,625,863; in 1876,8,938,137 pounds ; ot cheese, 5,721,279 pounds in 1875, and 7,055,573 in 1876. Cheese is not mentioned in the trade and commerce reports of Milwaukee until 1873, when it is spoken of as a new and rapidly increasing commodity in the productions of the state. Pork and Beef. Improved breeds, both of swine and cattle, have been introduced into the state during a few years past. The grade of stock has been rapidly bettered, and stock raisers generally are striving with commendable zeal to rival each other in raising the finest of animals for use and the market. The following table shows the receipts of live hogs and beef cattle at Milwaukee for thir- teen years : YEARS. LIVE HOGS. BEEF CATTLE. YEARS. LIVE HOGS. BEEF CATTLE. 1876 1875 1874 1873 1872 187I 1870 254,317 144.961 242,326 241,099 138,106 126,164 66,138 36,802 46.717 22,748 17,262 14,172 9,220 12,972 I86g 1868 1867 1866 1865 1864 1863 52,296 48.717 76,758 31,881 7,546 42,250 56,826 12,521 13,200 ■ 15,527 12,955 14.230 18,345 14.655 204 HISTOEY or WISCONSIN. The following table shows the movement of hog products and beef from Milwaukee since 1862 ■ - Shipments by Rail PORK. HAMS,, MIDDLES AND SHOULDERS. LARD. BEEF. and Lake. Barrels. Tierces. Boxes. Bulk, lbs. Barrels. Tierces. Barrels. Tierces. Totals 1876 62,461 56.778 53.702 80,010 90,038 88,940 77.655 69,805 73,526 88,888 74.726 34.013 67.933 90.387 56.432 15,439 15.292 17,124 24.954 20,115 20,192 15.819 9.546 13.146 11,614 7.805 2,713 5.927 15,811 12,685 42,678 28,374 39.572 62.211 39,209 14.938 5.875 5,29s 3,239 4.522 34.164 5,000 11.634 5,123,818 2,736.778 1.494,112 1.91S.610 4.557.,95o 5.161,941 4,717,630 2.325.150 1,768,190 454.786 863.746 3.301 601 9,110 4,065 6,276 3,932 2.535 1. 180 3.637 2,523 3^287 1,929 5.677 10,987 13.538 21.356 18,950 18,509 24,399 27.765 19,746 10.950 8.568 5,055 8.820 6,292 2.487 7.207 10,546 6,761 ■7,333 4.734 5,015 5,365 4,757 . 3,892 4,427 7,538 10,150 18,984 11,852 10,427 36866 42,987 33,174 3,439 421 707 462 1,500 1.606 " iSt",. " 1874 " l87'? " 1872 '* I87I " 1870 925 2.185 2,221 " i86q-- " 1868 " 1867... : 6,804' 4.584 5.528 5.871 6,377 3.217 " 1866 " 1865 " 1864,. " 1863.. " 1862 Hops. The culture of hops, as an article af commerce, received but little attention prior to i860. In 1^65, 2,864 bales only were shipped from Milwaukee. In addition, a large amount was used by the brewers throughout the state. In 1866, the amount exported was increased, and 5,774 bales were shipped to eastern markets. The price, from forty-five to fifty-five cents per pound, stimulated production, and the article became one of the staple products of the counties of Sauk, Columbia, Adams and Juneau, besides being largely cultivated in parts of some other counties. In 1867, 26,562 bales were received at Milwaukee, and the prices ranged from fifty to seventy cents per pound. The estimated crop of the state for 1867 was 35,000 bales, and brought over $4,200,000. In 1868, not less than 60,000 bales were grown in the state. The crop everywhere was a large one, and in Wisconsin so very large that an over-supply was anticipated. But few, however, were prepared for the decline in prices, that far exceeded the worst apprehensions of those' interested. The first sales were made at twenty-five to thirty-five cents per pound, and the prices were reluctantly accepted by the growers. The price continued to decline until the article was unsalable and unavailable in the market. Probably the average price did not exceed ten cents per pound. Notwithstanding the severe check which hop-growing received in 1868, by the unprofitable result, grower? were not discouraged, and the crop of i86g was a large one; So much of the crop of 1868 remained in the hands of the growers, that it is impossible to estimate that of 1869. The new crop sold for from ten to fifteen cents, and the old for from three to five cents per pound. Hop-cultivation received a check from over-production in 1868, from which it did not soon recover. A large proportion of the yards were plowed under in 1870. The crop of 1869 was much of it marketed during 1870, at a price of about two and one-half to three and one- half cents per pound, while that of 1870 brought ten to twelve and a half cents. During the year 187 1, a great advance in the price,, caused by the partial failure of the crop in some of the eastern states, and the decrease in price causing a decrease in production, what was left over of the crop of 1870 more than doubled in value before the new reached the market. The latter opened at thirty cents, and steadily rose to fifty and fifty-five for prime COMMERCE AND MANUFACTURES. 205 qualities. The crop of 1872 was of good quality, and the market opened at forty to fifty-five cents as the selling price, and fell fifteen to twenty cents before the close of the year. A much larger "quantity was raised than the year previous. In 1873 and 1874, the crop was fair and prices ruled from thirty-three to forty-five cents, with increased production. About 18,000 bales were reported as being shipped from the different railway stations of the state. Prices were extremely irregular during 1875, and, after the new crop reached market, fell to a point that would not pay the cost of production. In r876, prices ruled low at the opening of the year, and advanced from five to ten cents in January to twenty-eight to thirty in November. Over 17,000 bales were received at Milwaukee, over 10,000 bales, being of the crop of the previous year. Over 13,000 bales were shipped out of the state. Tobacco. Tobacco raising is comparatively a new industry in Wisconsin, but is rapidly growing in importance and magnitude. It sells readily for from four to ten cents per pound, and the plant is easily raised. It is not regarded as of superior quality. It first appears as a commodity of transportation in the railway reports for the year 187 1, when the Prairie du Chien division of the St. Paul road moved eastward 1,373,650 pounds. During the four years ending with 1876, there were shipped from Milwaukee an average of 5,118,530 pounds annually, the . axi- mum being in 1874,6,982,175 pounds; the minimum in 1875, 2,743,854 pounds. The crop of 1876 escaped the early frosts, and netted the producer from five to seven cents per pound. The greater part of it was shipped to Baltimore and Philadelphia. Comparatively little of the leaf raised in the state is used here or by western manufacturers. The crop of the present year, 1877, is a large one, and has been secured in good order. It is being contracted for at from four to six cents per pound. Cranberries. The cranberry trade is yet in its infancy, But little, comparatively, has been done in devel- oping the capabilities of the extensive bodies of marsh and swamp lands interspersed throughout the northern part of the state. Increased attention is being paid to the culture of the fruit ; yet, the demand will probably keep ahead of the supply for many years to come. In 185 r, less than 1,500 barrels were sent out of the state. In 1872, the year of greatest production, over 37,000 barrels were exported, and, in 1876, about 17,000 barrels. The price has varied in different years, and taken a range from eight to fifteen dollars a barrel. Spirituous and Malt Liquors. The production of liquors, both spirituous and malt, has kept pace with the growth of population and with the other industries of the state. There were in Wisconsin, in 1872, two hundred and ninety- two breweries and ten distilleries. In 1876, there were two hundred and ninety-three of the former and ten of the latter, and most of them were kept running to their full capacity. Milwaukee alone produced, in 1876, 321,611 barrels of lager beer and 43,175 barrels of high wines. In 1865, it furnished 65,666 barrels of beer, and in 1870, 108,845 barrels. In 1865, it furnished 3,046 barrels of . high wines; in 1870, 22,867 barrels; and in 1875, 39,005. A large quantity of the beer made was shipped to eastern and southern cities. The beer made in 1876 sold at the rate of ten dollars per barrel, the wholesale price of the brewers bringing the sum of $3,216,110. The fame of Milwaukee lager beer, is widely extended. This city has furnished since 1870, 1,520,308 barrels which, at the wholesale price, brought $15,203,170. The total production of beer by all the two hundred and ninety-three breweries of the state for 1876, was 450,508 barrels. 206 HISTORY OF WISCONSIN. In 1876, Milwaukee produced 43,175 barrels of high wines, or distilled spirits, and the state of Wisconsin 51,959 barrels. In 1870, the former produced 108,845 barrels of beer and 22,867 barrels of distilled spirits, and in the same year the state of Wisconsin produced 189,664 barrels of beer and 36,145 barrels of distilled spirits. Miscellaneous. Porcelain clay, or kaolin, is found in numerous places in Wood and Marathon counties. The mineral is found in but few places in the United States in quantities sufficient to justify the investment of capital necessary to manufacture it. In the counties mentioned, the deposits are found in extensive beds, and only capital and enterprise are needed to make their development profitable. Clay of superior quality for making brick and of fair quality for pottery, is found in numerous localities. The famous " Milwaukee brick," remarkable for their beautiful cream color, is made from a fine clay which is abundant near Milwaukee, and is found in exten- sive beds at Watertown, Whitewater, Edgerton, Stoughton, and several places on the lake shore north of Milwaukee. At Whitewater and some other places the clay is used with success for the making of pottery ware. Water-lime, or hydraulic cement, occurs in numerous places throughout the state. An extensive bed covering between one and two hundred acres, and of an indefinite depth) exists on the banks of the Milwaukee river, and not over one and a half miles from the city limits of MiMaukee. The cement made from the rock of this deposit is first-class in quality, and between twenty and thirty thousand barrels, were made and sold last year. The capacity of the works for reducing the rock to cement has been increased to 500 barrels per day. Stones suita- ble for building purposes are widely distributed throughout the state, and nearly every town has its available quarry. Many of these quarries furnish stone of fine quality for substantial and permanent edifices. The quarry at Prairie du Chien furnished the stone for the capital building at Madison, which equals in beauty that of any state in the Union. At Milwaukee, Waukesha,, Madison, La Crosse, and many other places are found quarries of superior building stone. Granite is found in extensive beds in Marathon and Wood counties, and dressed specimens exhibited at the " Centennial " last year, attracted attention for their fine polish. Marbles of various kinds are likewise found in the state. Some of them are beginning to attract attention and are likely to prove valuable. The report of Messrs. Foster & Whitney, United States geol- ogists, speaks of quarries on the Menomonee and Michigamig rivers as affording beautiful varie- ties and susceptible of a high polish. Richland county contains marble, but its quality is gen- erally considered inferior. Water Powers. Wisconsin is fast becoming a manufacturing state. Its forests of pine, oak, walnut, maple, ash, and other valuable woods used for lumber, are well-nigh inexhaustible. Its water-power for driving the wheels of machinery is not equaled by that of any state in the northwest. The Lower Fox river between Lake Winnebago and Green Bay, a distance of thirty-five mile^, furnishes some of the best facilities for manufacturing enterprise in the whole country. Lake Winnebago as a reservoir gives it a great and special advantage, in freedom from liability to freshets and droughts. The stream never varies but a few feet from its highest to its lowest stage, yet gives a steady flow. The Green Bay and Mississippi canal company has, during the last twenty-five years, constructed numerous dams, canals and locks, constituting very valuable improvements. All the property of that company has been transferred to the United States government, which has entered upon a system to render the Fox and Wisconsin rivers navigable to the Mississippi. The fall between the lake and Depere is one hundred and fifty feet, and the water can be utilized COMMERCE AND MANUFACTUKKS. 207 in propelling machinery at Neenah, Menasha, Appleton, Cedar, Little Chute, Kaukauna, Rapid Croche, Little Kaukauna and Depere. The water-power at Appleton in its natural advantages }s pronounced by Hon. Hiram Barney, of New York, superior to those at Lowell, Paterson and Rochester, combined. The water-power of the Fox has been improved to a considerable extent, but its full capacity has hardly been touched. Attention has been drawn to it, how- ever, and no doubt is entertained that in a few years the hum of machinery to be propelled by it, will be heard the entire length of the thirty-five miles. The facilities presented by its nearness to timber, iron, and a rich and productive agricultural region, give it an advantage over any of the eastern manufacturing points. The Wisconsin river rises in the extreme northern part of the state, and has its source in a great number of small lakes. The upper portion abounds in valuable water privileges, only a few of which are improved. There are a large number of saw-mills running upon the power of this river. Other machinery, to a limited extent, is in operation. The " BigBull " falls, at Wausau, are improved, and a power of twenty-two feet fall is obtained. At Little Bull falls, below Wausau, there is a fall of eighteen feet, partially improved. There are many other water-^powers in Marathon county, some of which are used in propelling flouring- mills and saw-mills. At Grand Rapids, there is a descent of thirty feet to the mile, and the water can be used many times. Each time, 5,000 horse-power is obtained. At Kilboum City a large amount of power can be obtained for manufacturing purposes. Chippewa river has its origin in small streams in the north part of the state. Explorers tell us that there are a large number of water powers on all the upper branches, but as the country is yet unsettled, none of them have been improved, and very few even located on our maps. Brunette falls and Ameger falls, above Chippewa Falls city, must furnish considerable water- power, but Its extent is not known At Chippewa Falls is an excellent water-power, only partially improved. The river descends twenty-six feet in three-fourths of a mile. At Duncan creek at the same place, there is a good fall, improved to run a large flouring mill. At Eagle Rapids, five miles above Chippewa Falls, $120,000 has been expended in improving the fall of the Chippewa river. The city of Eau Claire is situated at the confluence of the Chippewa and Eau Claire rivers, and possesses in its immediate vicinity water-powers almost unrivaled. Some of them are improved. The citizens of Eau Claire have, for several years, striven to obtain legislative authority to dam the Chi^ppewa river, so as to improve the water-power of the Dells, and a lively contest, known as the " Dells fight," has been carried on with the capitalists along the river above that town. There are immense water-powers in Dunn county, on the Red Cedar, Chippewa and Eau Galle rivers, on which there are many lumbering establishments. In Pepin county also there are good powers. The Black river and its branches, the La Crosse, Bufialg, Trempealeau, Beaver, and Tamaso, furnish many valuable powers. The St. Croix river is not excelled in the value of its water privileges by any stream in the state, except the Lower Fox river. At St. Croix Falls, the water of the river makes a descent of eighty-five feet in a distance of five miles, and the vol- ume of water is sufficient to move the machinery for an immense manufacturing business, and the banks present good facilities for building dams, and the river is not subject to freshets. The Kinnekinnick has a large number of falls, some of them partially improved. Within twenty-five miles of its entrance into Lake St. Croix, it has a fall of two hundred feet, and the volume of water averages about three thousand cubic feet per minute. Rock river affords valuable water- privileges at Watertown (with twenty-four feet fall), and largely improved ; at Jefferson, Indian Ford and Janesville, all of which are improved. Beloit also has an excellent water-power, and it is largely improved. Scattered throughout the state are many other water- powers, not alluded 208 ■ , HISTORY OF WISCONSIN. to in the foregoing. There are several in Manitowoc county; in Marquette county, also. In Washington county, at West Behd, Berlin, and Cedar Creek, there are good water-powers, partly .utilized. At Whitewater, in Walworth county, is a good power. In Dane county, there is a water-power at Madison, at the outlet of Lake Mendota; also, a good one at Stoughton, below the first, or Lake Kegonsa ; also at Paoli, Bellville, Albany and Brodhead, on the Sugar river. In Grant county there are not less than twenty good powers, most of' them well-developed. In Rkcine county, three powers of fine capacity at Waterford, Rochester and Burlington, all of which are improved. The Oconto, Peshtigo and Menomonee rivers furnish a large number of splendid water- powers of large capacity. The Upper Wolf river has scores of water-powers on its main stream and numerous branches ; but most of the country is still a wilderness, though containing resources which, when developed, will make it rich and prosperous. There are numerous other streams of less consequence than those named, but of great importance to the localities they severally drain, that have had their powers improved, and their waterfalls are singing the songs of commerce. On the rivers emptying into Lake Superior, there are numerous and valuable water- powers. The Montreal river falls one thousand feet in a distance of thirty miles. ^ I Manufactures. The mechanical and manufacturing industries of Wisconsin demonstrate that the people do not rely wholly upon agricultural pursuits, or lumbering, for subsistence, but aim to diversify their labors as much as possible, and to give encouragement to the skill and ingenuity of their mechanics and artisans. All our cities, and most of our villages, support establishments that furnish wares and implements in common use among the people. We gather from the census report for 1870 a few facts that will give us an adequate idea of what was done in a single: year, remembering that the data furnished is six years old, and that great advancement has been made since the statistics were gathered. In 1870, there were eighty-two establishments engaged in making agricultural implements, employing 1,387 hands, and turning out products valued at $2,393,400. There were one hundred and eighty-eight furniture establishments, employing 1,844 men, and making $1,542,300 worth of goods. For making carriages and wagons there were four hundred and eighty-five establishments, employing 2,184 men, and their product was valued at $2,596,534; for clothing, two hundred and sixty-three establishments, and value of product $2,340,400; sash, doors and blinds, eighty-one shops, and value of product $1,852,370; leather, eighty-five tanneries, employing 577 men, and value of products $2,013,000; malt liquors, one hundred and seventy-six breweries, 835 men, and their products valued at $1,790,273. At many points the business of manufacturing is carried on more or less extensively; indeed, there is hardly a village in the state where capital is not invested in some kind of mechanical industry or manufacturing enterprise, and making satisfactory returns ; but for details in this respect, the reader is referred to the department of local history. The principal commodities only, which Wisconsin contributes to trade and commerce, have been considered. There remains quite a number of minor articles from which the citizens of the state derive some revenue, such as flax and maple sugar, which can not be separately considered in this paper. Concluding Remarks. Statistics are usually dry reading, but, to one desiring, to change his location and seeking information regarding a new country and its capabilities, they become intensely interesting and of great value. The farmer wishes to know about the lands, their value and the productiveness of the soil ; the mechanic about the workshops, the price of labor, and the demand for such wares COMMERCE AND MANUFACTURES. 209 as he is accustomed to make ; the capitalist, concerning all matters that pertain to resources, advantages, and the opportunities for investing his money. Our own people want all the inform mation that can be gained by the collection of all obtainable facts. The sources of such infor, mation are now various, and the knowledge they impart fragmentary in its character. ' Provision should be made by law, for the collection and publication of reliable statistics relating to our farming, manufacturing, mining, lumbering, commercial and educational interests. Several of the states of the Union have established a "Bureau of Statistics," and no more valua- ble reports emanate from any of their state departments than those that exhibit a condensed view of the material results accomplished each year. Most of the European states foster these agencies with as much' solicitude as any department of their government. Indeed, they have become a social as well as a material necessity, for social science extends its inquiries to the physical laws of man as a social beirig; to the resources of the country; its productions ; the growth of society, and to all those facts or conditions which may increase or diminish the strength, growth or happiness of a people. Statistics are the foundation and corner-stone of social science, which is the highest and noblest of all the sciences. A writer has said that, " If God had designed Wisconsin to be chiefly a manufacturing state, instead of agricultural, which she claims to be, and is, it is difficult to see more than one partic- ular in which He could have endowed her more richly for that purpose." She has all the mate- rial for the construction of articles of use and luxury, the means of motive power to propel the machinery, to turn and fashion, weave, forge, and grind the natural elements that abound in such rich profusion. She has also the men whose enterprise and skill have accomplished most sur., prising results, in not only building up a name for themselves, but in placing the state in a proud position of independence. It is impossible to predict what will be the future growth and development of Wisconsin. From its commercial and manufacturing advantages, we may reasonably anticipate that she will in a few years lead in the front rank of the states of the Union in all that constitutes real great- ness. Her educational system is one of the best. With her richly endowed State University, her colleges and high schools, and the people's colleges, the common schools, she has laid a broad and deep foundation for a great and noble commonwealth. It was early seen what were the capabilities of this their newly explored domain. The northwestern explorer, Jonathan Carver, in 1766, one hundred and thirteen years ago, after traversing Wisconsin and viewing its lakes of crystal purity, its rivers of matqhless utility, its forests of exhaustless wealth, its prairies of won- derful fertility, its mines of buried treasure, recorded this remarkable prediction of which we see the fulfillment : "To what power or authority this new world will become dependent after it has arisen from its present uncultivated state, time alone can discover. But as the seat of empire from time immemorial has been gradually progressive toward the west, there is no doubt but that at some future period mighty kingdoms will emerge from these wildernesses, and stately palaces and solemn temples with gilded spires reaching to the skies supplant the Indian huts, whose only decorations are the barbarous trophies of'their vanquished enemies." " Westward the course of empire takes its way ; The four first acts already passed, A fifth shall close the drama with the day j Time's noblest offspring is the last." THE PUBLIC DOMAIN. By D. S. DURRIE. In the early part of the seventeenth century, all the territory north of the Ohio river, including the present state of Wisconsin, was an undiscovered region. As far as now known, it was never visited by white men until the year 1634, when Jean Nicolet came to the Green bay country as an ambassador from the French to' the Winnebagoes. The Jesuit fathers in 1660 visited the south shore of Lake Superior ; and, soon after, missions were established at various points in the northwest. The French government appreciating the importance of possessing dominion over this sec- tion, M. Talon, intendant of Canada, took steps to carry out this purpose, and availed himself of the -good feelings entertained toward the French by a number of the Indian tribes, to establish the authority of the French crown over this remote quarter. A small party of men led by Daumont de St. Lusson, with Nicolas Perrot as interpreter, set out from Quebec on this mission, in 1670, and St. Lusson sent to the tribes occupying a circuit of a hundred leagues, inviting the nations, among them the Wisconsin tribes inhabiting the Green bay country, by their chiefs and ambassadors, to meet him at the Sault Sainte Marie the following spring. In the month of May, 167 1, fourteen tribes, by their representatives, including the Miamis, Sacs, Winnebagoes, Menomonees, and Pottawattamies, arrived at the place designated. On the morning of the fourteenth of June, " St. Lusson led his followers to the top of the hill, all fully equipped and under arms. Here, too, in the vestments of their priestly office were four Jesuits; Claude Dablon,. superior of the mission on the lakes, Gabriel Druillettes, Claude Allouez, and Andrd. All around, the great throng of Indians stood, or crouched,, or reclined at length with eyes and ears intent. A large cross of wood had been made ready. Dablon, in solemn form, pronounced his blessing on it ; and then it was reared and planted in the ground, while the Frenchmen, uncovered, sang the Vexilla Regis. Then a post of cedar was planted beside it, with a metal plate attached, engraven with the royal arms ; while St. Lusson's followers sang the exaudiat, and one of the priests uttered a prayer for the king. St. Lusson now advanced, and, holding his sword in one hand, and raising with the other a sod of earth, proclaimed in a loud voice " that he took possession of all the country occupied by the tribes, and placed them under the king's protection. This act, however, was not regarded as sufficiently definite, and on the eighth of May, 1689, Perrot, who was then commanding for the king 'at the post of Nadouesioux, near Lake Pepin on the west side of the Mississippi, commissioned by the Marquis de Denonville to manage the interests of commerce west of Green bay took possession, in the name of the king, whh appropriate ceremonies, of the countries west of Lake Michigan as far as the river St. Peter. The papers^ were signed by Perrot and others. By these solemn acts,, the present limits of Wisconsin with much contiguous territory, came under the dominion of the French government, the possession of which continued until October, 1761 - — a period of ninety years from the gathering of the chiefs at the Sault Ste. Marie in 1671. From the commencement of French occupancy up to the time when the British took posses- sion, the district of country embraced within the present limits of this state had but few white inhabitants besides the roaming Indian traders ; and of these few, the locations were separated by a distance of more than two hundred miles in a direct line, and nearly double that distance by THE PUBLIC DOMAIX. 211 the usual water courses. There was no settlement of agriculturists; there were no missionary establishments ; no fortified posts at other points, except at Depere and Green bay on Fox -iver, and perhaps at Prairie du Chien, near the junction of the Wisconsin and the Mississippi. The French government made no grant of lands; gave no attention to settlers or agricu.- turists, and the occupation of the country was strictly military. There were, indeed, a few grants of lands made by the French governors and commanders, previous to 1750, to favored indi- viduals, six of which were afterward confirmed by the king of France. There were also others which did not require confirmation, being made by Cardillac, commanding at Detroit, under special authority of the king; of this latter kind, one for a small piece of thirty acres bears with it, says a writer, "so many conditions, reservations, prohibitions of sale, and a whole cavalcade of feudal duties to be performed by the grantee, that in itself, it would be a host in opposition to the agricultural settlement of any country." The grants just referred to, relate to that part of the French possessions outside the limits of the present state of Wisconsin. Within its limits there was a grant of an extensive territory including the fort at the head of Green bay, with the exclusive right to trade, and other valuable privileges, from the Marquis de Vaudreuil, in October, 1759, to M. Rigaud. It was sold by the latter to William Gould and Madame Vaudreuil, to whom it was confirmed by the king of France in January, 1760, at a very critical period, when Quebec had been taken by the British, and Montreal was only wanting to complete the conquest of Canada. This grant was evidently intended as a perquisite to entrap some unwary persons to give a valuable consideration for it, as it would be highly impolitic for the government to make such a grant, if they continued mas- ters of the country, since it would surely alienate the affections of the Indians. The whole country had already been virtually conquered by Great Britain, and the grant of course was not confirmed by the English government. Of the war between the French and English governments in America, known as the French and Indian war, it is not necessary to speak, except in general terms. The English made a determined effort to obtain the possessions claimed by the French. The capture of Quebec in 1759, and the' subsequent capitulation of Montreal in 1760, extinguished the domination of France in the basin of the St. Lawrence ; and by the terms of the treaty of Paris, concluded February 10, 1763, all the possessions in, and all the claims of the French nation to, the vast country watered by the Ohio and the Mississippi were ceded to Great Britain. Among the first acts of the new masters of the country was the protection of the eminent domain of the government, and the restriction of all attempts on the part of individuals to acquire Indian titles to lands. By the King of England's proclamation of 1763, no more grants of land within certain prescribed limits could be issued, and all private persons were interdicted the liberty of purchasing lands from the Indians, or of making settlements within those prescribed limits. The indulgence of such a privilege as that of making private purchases of the natives, conduced to the most serious difficulties, and made way for the practice of the most reprehensible frauds. The policy pursued by the English government has been adopted and acted upon by the government of the United States in the extinguishment of the Indian title to lands in every part of the country. In face of the proclamation of 1763, and within three years after its promulgation, under a pretended purchase from, or voluntary grant of the natives, a tract of country nearly one hundred miles square, including large portions of what is now northern Wisconsin and Minnesota, was claimed by Jonathan Carver, and a ratification of his title solicited from the king and council. This was not conceded ; and the representatives of Carver, after the change of government had 212 • ' HISTORY OF WISCONSIN. brought the lands under the jurisdiction of the United States, for a series of years presented the same claims before congress, and asked for their confirmation. Such a demand under all the circumstances, could not justify an expectation of success ; and, of course, has often been refused. But notwithstanding the abundant means which the public have had of informing themselves of the true nature and condition of Carver's claim, bargains and sales of portions of this tract have been made among visionary speculators for more than half a. century past. It is now only a short period since the maps of the United States ceased to be defaced by a delineation of ;he " Carver Grant." The mere transfer of the dominion over the country from the French to the English govern, ment, and the consequent occupation of the English posts by the new masters, did not in any great degree affect the social condition of the inhabitants. By the terms of capitulation, the French subjects were permitted to remain in the country, in the full enjoyment of their civil and religious privileges. The English, however, did not hold peaceable possession of the territory acquired. The war inaugurated by Pontiac and his Indian allies on the military posts occupied by the English soon followed, and in the month of May, 1763, nine posts were captured with much loss, of life. In the spring of 1764, twenty-two tribes who were more or less identified in the outbreak, concluded a treaty of peace with General Bradstreet at Niagara. The expedition of Colonel George Rogers Clark to the Illinois country, and the conquest of the British posts in 1778 and 1779, had the effect to open the way for the emigration of the Anglo-American population to the Mississippi valley; and at the close of the revolutionary war, Great Britain renounced all claim to the whole territory lying east of the Mississippi river. The dominion of the English in the Illinois and Wabash countries, ceased with the loss of the military posts which commanded the Northwestern territory of the United States. As a result of the enterprise and success of Clark, Virginia obtained possession of the Illinois country ; his expedition having been undertaken and carried forward under the auspices of that stale. Several of the eastern states under their colonial charters, laid claim to portions of the land comprised in the territory northwest of the Ohio river. The claim of Massachusetts was derived from a grant from King James of November 3, 1620 ; and included from lat. 420 2' to about lat. 450, extending to the south sea; Connecticut claimed from lat. 410 north 10420 2'. The claims of Virginia were from grants from King James, bearing date, respectively, April 10, 1606, May 23, 1609, and March 12, 1611, and an additional claim for the territory conqueredby Clark in the Illinois country ; but they extended no farther north than the southern end of Lake Michigan. It is a popular impression that the territory of the present state of Wisconsin was compre- hended in the lands northwest of the river Ohio, over which Virginia exercised jurisdiction, and, consequently, was included in her deed of cession of lands to the United States. This opinion so generally entertained by writers on American history, is a statement which does not appear to have any solid foundation in fact. Virginia never made any conquests or settlements in Wiscon- sin, and at no time prior to the proffer of her claims to the general government had she ever exercised jurisdiction over it. In fact, there were no settlements in Wisconsin except at Green Bay and Prairie du Chien before that time, and these were made by French settlers who were in no wise interfered with while the revolution continued. In Illinois it was otherwise; and the possession of its territory by Virginia was an undisputed fact. During the revolution the title of the sovereignty in Wisconsin was actually in Great Britain, and so remained until the definite treaty of peace in 1783; at which date England yielding her right constructively to the United States, retaining possession, however, until 1796 ; at which time the western posts were transferred to the United States. THE rUBLIC DOMAIN". 213 All the claiming states finally ceded their interests to the general government, giving the latter a perfect title, subject only to the rights of the Indians. The deed of cession from Virginia was dated March i, 1784. The other states ceded their claims, some before this date, others subsequent thereto. Virginia made a number of stipulations in her deed of cession; among others, that the French and Canadian inhabitants and the neighboring villages who had professed themselves citizens of Virginia, should have their possessions and title confirmed to them, and be protected in the enjoyment of their rights and liberties; thr.t 150,000 acres of land near the rapids of the Ohio, should be reserved for that portion of her state troops which had reduced the country; and about 3,500,000 acres between the rivers Scioto and Little Miami be reserved for bounties to her troops on the continental establishment. In consequence of certain objectionable stipulations made by Virginia as to the division of the territory into states, the deed of cession was referred back to that state with a recommenda- tion from congress that these stipulations should be altered. On the 30th of December, 1788, Virginia assented to the wish of congress, and formally ratified and confirmed the fifth article of compact which related to that subject, and tacitly gave her consent to the whole ordinance of 1787. The provisions of this ordinance have since been applied to all the territories of the United States lying north of the 360 40'. After the adoption of the constitution of the United States the the new congress, among its earliest acts, passed one, recognizing the binding force of the ordi- nance of 1787. Of this ordinance it has been said ; " It was based on the principles of civil liberty, maintained in the magna charta of England, re-enacted in the bill of rights, and incorporated in our differ- ent state constitutions. It was the fundamental law of the constitution, so to speak, of the great northwest, upon which were based, and with which harmonized all our territorial enactments, as well as our subsequent state legislation, and, moreover, it is to that wise, statesman-like document that we are indebted for much of our prosperity and greatness." After the close of the revolutionary war, enterprising individuals traversed the whole country which had been ceded to the government, and companies were formed to explore and settle the fertile and beautiful lands beyond the Ohio ; but the determination of the British cabinet not to evacuate the western posts, was well known, and had its effect on the people who were disposed to make settlements. The western tribes were also dissatisfied and threatened war, and efforts were made by the government to settle the difficulties. A grand council was held at the mouth of Detroit river in December, 1787, which did not result favorably, and two treaties were subsequently held, which were not respected by the savages who were parties to them. Soon an Indian war ensued, /hich resulted at first disastrously to the American troops under Generals Harmar and St. Clair, bul finally with success to the American arms under General Wayne. The treaty of Greenville followed. It was concluded August 3, 1795. At this treaty there wpre present eleven hundred and thirty chiefs and warriors. It was signed by eighty-four chiefs and General Anthony Wayne, sole commissioner of the United States. One of the provisions of the treaty was that in consid- eration of the peace then established, and the cessions and relinquishments of lands made by the tribes of Indians, and to manifest the liberality of the United States as the great means of render- ing this peace strong and perpetual, the United States relinquished their claims to all other Indian lands northward of the river Ohio, eastward of the Mississippi, and westward and south- ward of the great lakes and the waters united by them, except certain reservations and portions before purchased of the Indians, none of which were within the present limits of this state. The Indian title to the whole of what is now Wisconsin, subject only to certain restrictions, became 214 HISTORY OF AVISCONSIN. absolute in the various tribes inhabiting it. By this treaty it was stipulated that, of the lands relin- quished by the United States, the Indian tribes who have a right to those lands, were quietly to enjoy them ; hunting, planting, and dwelling thereon so long as they pleased ; but, when those tribes or any of them should be disposed to sell them, or any part of them, they were to be sold only to the United States, and until such sale, the United States would protect all of the tribes in the quiet enjoyment of their lands against all citizens of the United States, and all other white persons who might intrude on the same. At the same time all the tribes acknowledged them- selves to be under the protection of the United States, and no other person or power what- soever. The treaty also prohibited any citizen of the United States, or any other white man, settling upon the lands relinquished by the general government ; and such person was to be considered as out of the protection of the United States; and the Indian tribe on whose land the settlement might be made, could drive off the settler, or punish him in such manner as it might see fit. It will be seen that the Indians were acknowledged to have an unquestionable title to the lands they occupied until that right should be extinguished by a voluntary cession to the general government ; and the constitution of the United States, by declaring treaties already made, as well as those to be made, to be the supreme law of the land, adopted and sanctioned previous treaties with the Indian nations, and consequently admitted their rank among those powers who are capable of making treaties. The several treaties which had been made between commissioners on the part of the United States and various nations of Indians, previous to the treaty of Greenville, were generally restricted to declarations of amity and friendship, the establishment and confirming of bounda- ries, and the protection of settlements on Indian lands ; those that followed were generally for a cession of lands and provisions made for their payment. It is proposed to notice the several treaties that took place after that held at Greenville, showing in what way the territory of the present state, came into possession of the government. As will be seen hereafter, it required trea- ties with numerous tribes of Indians to obtain a clear, undisputed title, as well as many years before it was fully accomplished. 1. A treaty was held at St. Louis, November 3, 1804, between the Sacs and Foxes and the United States. William Henry Harrison was acting commissioner on the part of the govern- ment. By the provisions of the treaty, the chiefs and head men of the united tribes ceded to the United States a large tract on both sides of the Mississippi, extending on the east from the mouth of the Illinois to the head of that river, and thence to the Wisconsin ; and including on the west considerable portions of Iowa and Missouri, from the mouth of the Gasconade north- ward. In what is now the state of Wisconsin, this grant embraced the whole of the present counties of Grant and La Fayette and a large portion of Iowa and Green counties. The lead region was included in this purchase. In consideration of this cession, the general government agreed to protect the tribes in the quiet enjoyment of their land, against its own citizens and all others who should intrude on them. The tribes permitted a fort to be built on the upper side of the Wisconsin river, near its mouth, and granted a tract of land two miles square, adjoin- ing the same. The government agreed to give them an annuity of one thousand dollars per annum. The validity of this treaty was denied by one band of the Sac Indians, and this cession of land became, twenty-eight years after, the alleged cause of the Black Hawk war. 2. Another treaty was held at Portage des Sioux, now a village in St. Charles county, Mis- souri, on the Mississippi river, September 13, 1815, with certain chiefs of that portion of the Sac nation then residing in Missouri, who, they said, were compelled since the commencement of THE PUBLIC DOMAIN. 215 the late war, to separate themselves from the rest of their nation. They gave their assent to the treaty made at St. Louis in 1804, and promised to remain separate from the Sacs of Rock river, and to give them no aid or assistance, until peace should be concluded between the United States and the Foxes of Rock river. 3. On the 14th of September, a treaty was made with the chiefs of the Fox tribe at the same place. They agreed that all prisoners in their hands should be delivered up to the govern- ment. They assented to, recognized, re-established and confirmed the treaty of 1804, to the full extent of their interest in the same. 4. A treaty was held at St. Louis, May 13, 1816, with the Sacs of Rock river, who affirmed the treaty of 1804, and agreed to deliver up all the property stolen or plundered, and in failure to do so, to forfeit all title to their annuities. To this treaty, Black Hawk's name appears with others. That chief afterward affirmed that though he himself had " touched the quill " to this treaty, he knew not what he was signing, and that he was therein deceived by the agent and others, who did not correctly explain the nature of the grant; and in reference to the treaty of St. Louis in 1804, and at Portage des Sioux in 1815, he said that he did not consider the same valid or binding on him or his tribe, inasmuch as by the terms of those treaties, territory was described which the Indians never intended to sell, and the treaty of 1804, particularly, was made by parties who had neither authority in the nation, nor power to dispose of its lands. Whether this was a true statement of the case, or otherwise, it is quite certain that the grant of lands referred to was often confirmed by his nation, and was deemed conclusive and binding by the government. The latter acted in good faith to the tribes, as well as to the settlers, in the disposition of the lands. 5. A treaty of peace and friendship was made at St. Louis, June 3, 18 1 6, between the chiefs and warriors of that part of the Winnebagoes residing on the Wisconsin river. In this treaty the tribe state that they have separated themselves from the rest of their nation ; that they, for themselves and those they represent, confirm to the United States all and every cession of land heretofore made by their nation, and every contract and agreement, as far as their interest extended. 6. On the 30th of March, 1817, the Menomonee tribe concluded a treaty of peace ana friendship at St. Louis with the United States, and confirmed all and every cession of land before made by them within the limits of the United States. 7. On the 19th of August, 1825, at Prairie du Chien, a treaty was made with the Sioux, Chippewas, Sacs and Foxes, Winnebagoes, Ottawas and Pottawattamies, by which the boundary between the two first nations was agreed upon ; also between the Chippewas, Winnebagoes and other tribes. 8. Another treaty was held August 5, 1826, at Fond du Lac of Lake Superior, a small settlement on the St. Louis river, in Itaska county, Minn., with the same tribes, by which the previous treaty was confirmed in respect to boundaries, and those of the Chippewas were defined as a portion of the same was not completed at the former treaty. 9. A treaty was made and concluded August i, 1827, at Butte des Morts, between the United States and the Chippewa, Menomonee and Winnebago tribes, in which the boundaries of their tribes were defined ; no cession of lands was made. 10. A treaty was made at Green Bay, August 25, 1828, with the Winnebagoes, Pottawat- tamies and other tribes. This treaty was made to remove the difficulties which had arisen in consequence of the occupation by white men of that portion of the mining country in the south- western part of Wisconsin which had not been ceded to the United States. A provisional 216 HISTOEY OF WISCONSIN. boundary was provided, and privileges accorded the government to freely occupy their territory until a treaty should be made for the cession of the same. This treaty was simply to define the rights of the Indians, and to give the United States the right of occupation. 11. Two treaties were made at Prairie du Chien, on the 2gth of July, 1829, and August i, 1829 : at the first date, with the Chippewas, Ottawas and Pottawattamies, by which these nations ceded all their lands which they claimed in the northwestern part of Illinois ; and at the latter date with the Winnebagoes, by which that nation ceded and relinquished all their right, title and claim to all their lands south of the Wisconsin river, thus confirming the purchase of the lead- mine region. Certain grants were made to individuals, which grants were not to be leased or sold by the grantees. By this important treaty, about eight millions of acres of land were added to the public domain. The three tracts ceded, and forming one wliole, extended from the upper end of Rock river to the mouth of the Wisconsin, from latitude 41° 30' to latitude 43° 15', on the Mississippi. Following the meanderings of the river, it was about two hundred and forty miles from west to east, extending along the Wisconsin and Fox rivers, affording a passage across the country from the Mississippi to Lake Michigan. The south part of the purchase extended from Rock Island to Lake Michigan. 12. Another important treaty was made at Green Bay, February 8, 1831, between the Meno- monee Indians and the United States. That nation possessed an immense territory. Its eastern division was bounded by the Milwaukee river, the shore of Lake Michigan, Green bay, Fox river, and Lake Winnebago ; its western division, by the Wisconsin and Chippewa rivers on the west. Fox river on the south. Green bay on the east, and the high lands which flow the streams into Lake Superior on the north. .By this treaty all the eastern division, estimated at two and a half millions of acres, was ceded to the government. By certain other provisions, the tribe was to occupy a large tract lying north of Fox river and east of Wolf river. Their territory farther west was reserved for their hunting-grounds until such time as the general government should desire to purchase it. Another portion, amounting to four millions of acres, lying between Green bay on the east and Wolf river on the west, was also ceded to the United States, besides a strip of country, three miles in width, from near the portage of the Wisconsin and Fox rivers north, on each side of the Wisconsin river, and forty-eight miles long — still leaving the tribe in peaceable possession of a country about one hundred and twenty miles long, and about eighty broad. By supplementary articles to the treaty, provision was made for the occupancy of certain lands by the New York Indians — two townships on the east side of Lake Winnebago. 13. At the conclusion of the Black Hawk war, in 1832, for the purpose of clearing up the Indian title of the Winnebago nation in the country, a treaty was made and concluded at Fort Armstrong, September 15, 1832. All the territory claimed by this nation lying south and east of the Wisconsin and Fox river of Green bay, was ceded to the United States, and no band or party of Winnebagoes was allowed to reside, plant, fish or hunt on these grounds, after June i, 1833, or on any part of the country therein ceded. 14. On the 27th of October, 1832, articles of agreement were made and concluded at Green Bay between the United States and the Menomonee Indians, by the terms of which that nation ceded to the New York Indians certain lands on Fox river. 15. An important treaty was made at Chicago, September 26, 1833, between the United States and the Chippewas, Ottawas and Pottawattamies. Those nations ceded to the. government all their lands along the western shore of Lake Michigan, and between that lake and the land ceded to the United States by the Winnebago nation at the treaty at Fort Armstrong, September THE PUBLIC DOMAIN. 217 x5, 1832, bounded on the north by the country lately ceded by the Menomonees, and on the south by the country ceded at the treaty at Prairie dH Chien, July 19, 1829 — containing about five millions of acres. ( 16. On the 3d of September, 1836, a tieaty was made at Cedar Point with the Menomonees, by which lands lying west of Green bay, and a strip on the upper Wisconsin, were ceded to the United States — the quantity of land ceded being estimated at four millions of acres in the Green bay portion ; on the Wisconsin river, a strip three miles wide on each side of the river, running forty-eight miles north in a direct line, equivalent to 184,320 acres. 17. On the 29th of July, 1837, a treaty was made with the Chippewas of the Mississippi, at Fort Snelling, and the United States, the nation ceding to the government ajl their lands in Wisconsin lying south of the divide between the waters of Lake Superior and those of the Mississippi. 18. Certain chiefs and braves of the Sioux nation of the Mississippi, while visiting Washing- ton, September 29, 1837, ceded to the United States all their lands east of the Mississippi, and all their islands in said river. 19. The Winnebago nation, by the chiefs and delegates, held a treaty with the government at Washington, November i, 1837. That nation ceded all their lands east of the Mississippi, and obligated themselves to remove, within eight months after the ratification of the treaty, to certain lands west of the river Mississippi which were conveyed to them by the treaty of Sep- tember 21, 1832. 20. The Oneida or New York Indians, residing near Green Bay, by their chief and repre- sentative, on the 3d of February, 1838, at Washington City, ceded to the United States their title and interest in the land set apart by the treaty made with the Menomonees, May 8, 1831, and the treaty made with the same tribe, October 7, 1832, reserving about 62,000 acres. 21. Another treaty was made at Stockbridge on the 3d of September, 1839, by which the Stockbridge and Munsee tribes (New York Indians) ceded and relinquished to the United States the east half of the tract of 46,080 acres which was laid off for their use on the east side of Lake Winnebago by treaty of October 7, 1832 22. On the 4th of October, 1842, a treaty was made at La Pointe, on Lake Superior, with the Chippewas. All their lands in the northern and northwestern parts of Wisconsin were ceded to the United States. 23. The Menomonee nation, on the i8th of October, 1848, at Pow-aw-hay-kon-nay, ceded and relinquished to the United States all their la,nds in the state, wherever situated — the gov- ernment to furnish the nation as a home, to be held as Indian lands are held, all the country ceded to the United States by the Chippewa nation August 2, 1847, the consideration being the sum of $350,000, to be paid according to the stipulations of the treaty. A supplementary treaty was made on the 24th of November, 1848, with the Stockbridges — the tribe to sell and relinquish to the United States the township of land on the east side of Lake Winnebago, secured to said tribe by treaty of February 8, 1831. 24. A treaty was made with the Menomonee nation, at the falls of Wolf river, May 12, 1854, being a supplementary treaty to one made October 18, 1848. All the lands ceded to that nation under the treaty last named was ceded to the United States — the Menomonees to receive from the United States a tract of country lying on Wolf river, being townships 28, 29 and 30, of ranges 13, 14, IS, 16. 25. A treaty was made with the Chippewas of Lake Superior, at La Pointe, on the 30th of September, 1854. That nation ceded to the United States all lands before owned by them in common with the Chippewas of the Mississippi — lying in the vicinity of Lake Superior in Wis- -18 HISTORY OF AVISCONSIN. consin and Minnesota. 26. On the 5th of February, 1856, a treaty was held with the Stockbridge and Munsee tribes, at Stockbridge. All the remaining right and title to lands in the town of Stockbridge, possessed by them, was ceded to the United States ; and the said tribes were to receive in exchange a tract of land near the southern boundary of the Menomonee reservation, and by treaty made at Keshena, February 11, 1856, the Menomonees ceded two townships to locate the said tribes. With this last treaty, the Indian title to all the lands of the present state of Wisconsin was ceded to the United States government, except a few small reservations to certain tribes, and a perfect, indefeasible title obtained to all the territory within its borders. In the region of country which is now the state of Wisconsin, the settlements in early times were, as before stated, near Green Bay and at Prairie du Chien. Soon after the organization of the Northwest territory, the subject of claims to private property therein received much attention. By an act of congress approved March 3, T805, lands lying in the districts of Vincennes, Kas- kaskia and Detroit, which were claimed by virtue of French or British grants, legally and fully executed, or by virtue of grants issued under the authority of any former act of congress by either of the governors of the Northwest or Indiana territory, which had already been surveyed, were, if necessary, to be re-surveyed ; and persons claiming lands under these grants were to have until November r, 1805, to give notice of the same. Commissioners were to be appointed to examine, and report at the next session of congress. An act was also passed, approved April 25, 1806, to authorize the granting of patents for lands, according to government surveys that had been made, and to grant donation rights to certain claimants of land in the district of Detroit, and for other purposes Another act was approved May 11, 1820, reviving the powers of the commissioners for ascertaining and deciding on claims in the district of Detroit, and for settling the claims to land at Green Bay and Prairie du Chien, in the territory of Michigan ; the commis- sioners to have power to examine and decide on claims filed with the register of the land office, and not before acted on, in accordance with the laws respecting the same. The commissioners discharged the duties imposed on them, and in their report to congress in reference to the claims at Green Bay, they said that the antiquity of this settlement being, in their view, sufficiently established, and that they, being also satisfied that the Indian title must be considered to have been extinguished, decide favorably on the claims presented. About seventy-five titles were con- firmed, and patents for the same were sent to the proper parties by the government. In relation to the Prairie du Chien titles, they reported " that they had met few difficulties in their investi- gations ; that, notwithstanding the high antiquity which may be claimed for the settlement of that place, no one perfect title founded on French or British grant, legally authenticated, had been successfully made out; and that but few deeds of any sort have been exhibited." This they attribute to the carelessness of the Canadians in respect to whatever concerned their land titles, and accords with whatever is known in this regard, of the French population throughout the country. They therefore came to the conclusion that whatever claim the people of the place possessed, and might have for a confirmation of their land titles, they must be founded upon proof of con tinued possession since the year 1796 The commissioners further say, that " since the ancestors of these settlers were cut off, by the treaty which gave the Canadas to the English, from all inter- course with their parent country, the people both of Prairie du Chien and Green Bay have been ■eft, until within a few years, quite isolated, almost without any government but their own; and, although the present population of these settlements are natives of the countries which they inhabit, and, consequently, are by birth citizens of the northwest, yet, until a few years, they have had as little political connection with its government as their ancestors had with the British. Ignorant of their civil rights, careless of their land titles, docility, habitual hospitality, cheerful THE PUBLIC DOMAIN, 219 submission to the requisitions of any government which may be set over them, are their universal characteristics." In reference to grants by the French and English governments, the commissioners say, they " have not had access to any public archives by which to ascertain with positive certainty, whether either the French or English ever effected a formal extinguishment of the Indian title at the mouth of the Wisconsin, which also may be said of the land now covered by the city of Detroit , that the French government was not accustomed to hold formal treaties for such purposes with the Indians, and when the lands have been actually procured from them, either by virtue of the assumed right of conquest, or by purchase, evidence of such acquisition is rather to be sought in the traditionary history of the country, or in the casual or scanty relations of travelers, than among collections of state papers. Tradition does recognize the fact of the extinguishment of the Indian title at Prairie du Chien by the old French government, before its surrender to the English; and by the same species of testimony, more positive because more recent, it is estab- lished also, that, in the year 1781, Patrick Sinclair, lieutenant governor of the province of Upper Canada, while the English government had jurisdiction over this country, made a formal purchase from the Indians of the lands comprehending the settlement of Prairie du Chien." The territories and states formed from the section known as the Northwest territory, were : I The Northwest territory proper (1787-1800) having jurisdiction over all the lands referred to in the ordinance of 1787. In 1802, Ohio was organized as a state with its present boun- daries. 1. Indiana terrritory was formed July 4, 1800, with the seat of government af: Vincennes That territory was made to include all of the northwest, except what afterward became the state of Ohio. 3. Michigan territory was formed June 30, 1805. It was bounded on the south by aline drawn east from the south bend of Lake Michigan, on the west by the center of Lake Michigan. It did not include what is now Wisconsin. The upper peninsula was annexed in r836. The state of Michigan was formed January 26, 1837, with its present boundaries. 4. Illinois territory was formed March 2, 1810. It included all of the Indiana territory west of the Wabash river and Vincennes, and a line running due north to the territorial line. All of Wisconsin was included therein, except what lay east of the line drawn north from Vincennes. 5. Indiana was admitted as a state April 19, 181 6, including all the territory of Indiana territory, except a narrow strip east of the line of Vincennes, and west of Michigan territory, her western boundary. 6. Illinois was admitted as a state April 11, 1818. It included all of Illinois territory south of latitude 42" 30'. All of Wisconsin was added to Michigan territory. In the month of Octo- ber of that year, the counties of Michilimackinac, Brown and Crawford were formed, comprising besides other territory, the whole of the present state of Wisconsin. 7. Iowa district was attached to Michigan for judicial purposes, June 30, 1834, out of which Des Moines and Dubuque counties were formed. 8. Wisconsin territory was formed April 20, 1836. The state was formed May 29, 1848. The territory of Wisconsin being a part of the Northwest territory, claimed, and congress by direct action confirmed to her, all the rights and privileges secured by the ordinance of 1787, one of which was that congress should have authority to form one or two states in that part of the territory lying north of an east and west line, drawn through the southerly bend or extreme of Lake Michigan. Notwithstanding this plain provision of the ordinance, which is declared to 220 HISTORY OF WISCONSIN. be articles of compact between the original states and the people and states in the said territory, and forever to remain unalterable unless by consent ; yet congress, in establishing the boundaries of the state of Illinois, extended that state about sixty miles north of the line established by the ordinance. This action was claimed to be unjust and contrary to the spirit and letter of the compact with the original states. The legislative assembly of Wisconsin passed resolutions which were approved January 13, 1840, that it was inexpedient for the people of the territory to form a constitution and state government until the southern boundary to which they are so justly entitled by the ordinance of 1787 shall be fully recognized by the parties of the original com- pact. Owing to various complications over which the territory had no control, her people never succeeded in obtaining from congress what they considered their just rights. It was also contended by many, that the portion of country set off to Michigan on Lake Superior given as a compensation in part for the strip of land awarded to Ohio from her south- ern border, should also have constituted a portion of Wisconsin, especially as Michigan never made the least claim to it by her delegate in congress, who was decidedly opposed to the exten- sion of Michigan beyond the limits of the lower peninsula. The first survey of the public lands northwest of the Ohio river, was made pursuant to an act of congress approved May 20, 1785 The geographer of the confederation was diected to commence the survey of the government lands on the north side of the river Ohio — the first line running north and south, to begin on said river at a point that should be found to be due north from the western termination of a line which had been run as the southern boundary of the state of Pennsylvania ; the first line running east and west, to begin at the same point, and to extend through the whole territory. The survey comprised seven ranges, composing ten counties of the present state of Ohio. Other surveys followed when the Indian title was extinguished. Thomas Hutchins, who held the office of geographer, is believed to be the inventor of the mode of laying out land which was then introduced by him, and is still in general use by the government. Soon after the government had acquired title to the Indian lands south of the Wisconsin . river, the public authorities commenced a systematic survey of the lands, for the purpose of bringing the same into market at the earliest possible period. The public lands in Wisconsin are, as elsewhere in the west, surveyed in uniform rec- tangular tracts, each six miles square, by lines running north and south, intersecting others running east and west. These townships are numbered from two lines called the principal meridian and the base line. The principal meridian by which the Wisconsin surveys are gov- erned is that known as the fourth, and extends from the Illinois boundary line to Lake Superior, at the mouth of Montreal river, about two hundred and eighty-two miles. It divides Grant from LaFayette county, and passes through the eastern parts of Vernon, Monroe, Jackson, Clark, Chippewa, and Ashland counties. The base line separates Wisconsin from Illinois in riorth latitude forty-two degrees, thirty minutes. There are nearly seventeen hundred townships in the state. Each township is subdivided into thirty-six sections by lines running parallel to the sides of the township, one mile apart. A section is, therefore, one mile square, and contains six hundred and forty acres. In fractional townships, each section is numbered the same as the corresponding section in whole townships. Each section is subdivided into half-mile squares, called quarter-sections, each containing one hundred and sixty acres, and the subdivision is carried still further into half-quarter or quarter-quarter sections. It is found necessary to estab- lish at stated intervals standard parallels, commonly called correction lines, to obviate the effect of the curvature of the earth's surface. The convergence in a single township is small, though quite perceptible, the actual excess in length of its south over its north line being in the state THE PUBLIC DOMAIN. 221 about three rods. The townships north of the base line, therefore, become narrower toward the north, and if continued for too great a distance, this narrowing would cause serious inconvenience. In the state of Wisconsin there are four of these correction lines. The first is sixty miles north of the base line, and accordingly runs between townships ten and eleven. The second is between townships twenty and twenty-one, and so on. They are usually sixty miles apart. On these parallels, which form new base lines, fresh measurements are made from the principal meridian, and the corners of new townships are fixed six miles apart as on the original base line. This method of procedure not only takes up the error due to convergency of meridians, but arrests that caused by want of precision in the surveys already made. The northern or western sections of townships, which contain more or less than six hun- dred and forty acres, are called fractional sections, for the reason that the surplusage or deficiency arising from errors in surveying, and from other causes, is by law added to or deducted from the western or northern ranges of sections according as the error may be in run- ning the lines from east to west, or from north to south. As soon as the surveys were completed in southern Wisconsin and the Green Bay section, and a knowledge of the superior qualities of the land for agricultural purposes were known to the people, the emigration became large. In fact much land was taken possession of by settlers in advance of being surveyed and brought into market. As soon as the land offices at Green Bay, Mineral Point, and Milwaukee were located, public announcement was made by the govern- ment, of the time of the sale, when the lands were put up to the highest bidder, and such as were unsold were afterward subject to private entry. The first sales were held at Green Bay and Mineral Point in the year 1835. The sale at Milwaukee was in 1839. From the reports of the general land office, it appears that from 1835 to 1845 inclusive, there were sold at the three land offices from public sale, 2,g58,592-j*gV acres, amounting to $3,768,106.51. Fort Howard military reservation was set apart by order of the president March 2, 1829, and comprised all the lands lying upon Fox river and Green bay, in township 24 north, range 20 east, 4th principal meridian, being about four thousand acres. The lands were abandoned for military purposes, by the war department, December 4, 1850. By an act of congress approved March 3, 1863, the commissioner of the general land office was authorized and directed to cause the reservation, including the site of the fort, containing three and four-hundredths acres, situated in the county of Brown, between Fox river and Beaver Dam run, and which is not included in the confirmations to T. C. Dousman and Daniel Whitney, nor in the grant to the state of Wis- consin, under resolutions of congress approved April 25, 1862, granting lands to Wisconsin to aid in the construction of railroads, to be surveyed and subdivided into lots not less than one- fourth of an acre, and not more than forty acres, deducting such portions of the same as the public interest and convenience may require ; and when so surveyed and platted, to be sold sep- arately at auction. On the loth of November, 1864, under directions of the commissioner; the lands were offered for sale at auction at the fort. About one-half of the lands were sold, and purchased by actual settlers, and but few for speculation. The fort and the lands contiguous were sold for six thousand four hundred dollars. The other lands sold brought about the sum of nineteen thousand dollars. That portion of the reservation unsold was to be subject to private entry at the appraised value, and that portion lying between Duck creek and Beaver Dam creek, was subject to entry ■as other public lands were offered. On the 20th of May, 1868, a joint resolution of congress was approved, by which the com- missioner of the general land office was authorized and directed to cause a patent to be issued to the Chicago & Northwestern railroad company, in pursuance of a resolution passed by con- 222 HISTORY OF WISC02;rSIN. gress, granting the same to the state of Wisconsin, approved April 25, 1862, and by act of the legislature approved June 16, 1862, granting the same to that company for eighty acres of land, as was .surveyed and approved by said commissioner June 11, 1864. The lands thus donated are now used by the railroad company for their depot grounds The Fort Crawford military reservation was purchased from J. H. Lockwood and James D. Doty by the government in the year 1829, and covered the front and main portions of farm lots numbered thirty -three and thirty-four, of the private land claims at Prairie du Chien, and com- prised about one hundred and sixty acres. Fort Crawford was built on this tract in 1829, 1830 and 1831. There was also a reservation of section eighteen, township seven, north of range ■ four west, known as the Cattle Yard. This land was at the mouth of the Kickapoo river, and is now known as the village of Wauzeka. In addition to these lands which were located in Wis- consin, there was a reservation of lands lying on the west side of the Mississippi river, in Iowa. The lands in Wisconsin were relinquished by the secretary of war, January lo, 1851, and were originally set apart by the president of the United States, February 17, 1843. In the month of April, 1857, the secretary of war authorized Hon. H. M. Rice, of Minne- sota, to sell that part of the reservation not improved, in tracts not exceeding forty acr£s each; and, in the month of June of that year, he sold at auction five hundred and seven acres of the reserve opposite Fort Crawford, none of which was claimed by actual settlers ; and in the month of December, 1857, he sold the remainder to claimants of lands, also on the west side, and the section in Wisconsin known as the Cattle Yard, amounting to i77t^ acres. A portion of this reservation was subdivided into town lots, 80 by 140 feet, with streets 66 feet and alleys 20 feet wide November 17, 1864, the acting commissioner of the general land office, by order of the war department, oifered" for sale at public auction at La Crosse the reservation at Fort Crawford, which had been surveyed and subdivided into town lots, eighty by one hundred and forty feet, with streets sixty-five feet and alleys twenty feet wide, conforming to the plat of the village of Prairie du Chien. The lands unsold were subsequently opened to private entry and ,disposed of The lands of the Fort Winnebago reservation were set apart by order of the president, February 9, 1835, and consisted of the following territory : sections two, three, and that part of four lying east of Fox river, and fractional section nine, all in township twelve, north of range nine east , also fractional section thirty-three, in township thirteen, north of range nine east, lying west of Fox river, and the fraction of section four, township twelve north, of range nine east, lying west of claim numbered twenty-one of A. Grignon, and adjacent to Fort Winnebago, reserved by order of the president, July 29, 1851 the whole amounting to about four thousand acres. September the first, 1853, these lands were by order of the president offered for sale at public auction at the fort, by F. H. Masten, assistant quartermaster United States army, having previously been surveyed into forty acre lots, and were purchased by J. B. Martin, G. C. Tallman, W. H. Wells, Wm. Wier, N. H. Wood, M. R. Keegan, and others. The first land offices in Wiscbnsin were established under an act of congress approved June 26, 1834, creating additional land distncts in the states of Illinois and Missouri, and in the territory north of the state of Illinois. The first section provides " that all that tract lying north of the state of Illinois, west of Lake Michigan, south and southeast of the Wisconsin and Fox rivers, included in the present territory of Michigan, shall be .divided by a north and south line, drawn from the northern boundary of Illinois along the range of township line west of Fort Winnebago to the Wisconsin river, and to be called — the one on the west side, the Wisconsin land district, and that on the east side the Green Bay land district of the territory of Michigan, which two districts shall embrace the country north of said rivers when the Indian title shall be THE PUBLIC DOMAIX. 223 extinguished, and the Green Bay district may be divided so as to form two districts, when the president shall deem it proper ;" and by section three of said act, the president was author- ized to appoint a register and receiver for such office, as soon as a sufficient number of townships are surveyed. An act of congress, approved June 15, 1836, divided the Green Bay land district, as estab- lished in 1834, " by a line commencing on the western boundary of said district, and running thence east between townships ten and eleven north, to the line between ranges-seventeen and eighteen east, thence north between said ranges of townships to the line between townships twelve and thirteen north, thence east between said townships twelve and thirteen to Lake Michigan ; and all the country bounded north by the division line here described, south by the base line, east by Lake Michigan, and west by the division line between ranges eight and nine east," to be constituted a separate district and known as the " Milwaukee land district." It included the present counties of Racine, Kenosha, Rock, Jefferson, Waukesha, Walworth and Milwaukee, and parts of Green, Dane, AVashington, Ozaukee, Dodge and Columbia. An act was approved March 3, 1847, creating an additional land district in the territory. All that portion of the public lands lying north and west of the following boundaries, formed a district to be known as the Chippewa land district : commencing at the Mississippi river on the Hne between townships twenty-two and twenty-three north, running thence east along said line to the fourth principal meridian, thence north along said meridian line to the line dividing town- ships twenty-nine and thirty, thence east along such township line to the Wisconsin river, thence up the main channel of said river to the boundary line between the state of Michigan and the territory of Wisconsin. The counties now included in this district are Pepin, Clark, Eau Claire, Dunn, Pierce, St. Croix, Polk, Barron, Burnett, Douglas, Bayfield, Ashland, Taylor, Chippewa, and parts of Buffalo, Trempeleau and Jackson ; also, the new county of Price. An act of congress, approved March 2, 1849, changed the location of the land office in the Chippewa district from the falls of St. Croix to Stillwater, in the county of St. Croix, in the proposed territory of Minnesota; and, by section two of the act, an additional land office and district was created, comprising all the lands in Wisconsin not included in the districts of land subject to sale at Green Bay, Milwaukee, or Mineral Point, which was to be known as the Western land district, and the president was authorized to designate the site where the office should be licated. Willow River, now Hudson, was selected. The district was usually known as the St. Croix and Chippewa district, and included St. Croix, La Pointe, and parts of Chippewa and Marathon counties. By an act of congress, approved July 30, 1852, so much of the public lands in Wisconsin as lay within a boundary line commencing at the southwest corner of township fifteen, north of range two east of the fourth principal meridian, thence running due east to the southeast corner of township fifteen, north of range eleven, east of the fourth principal meridian, thence north along such range line to the north line of the state of Wisconsin, thence westwardly along said north line to the line between ranges one and two east of fourth principal meridian, thence south to the place of beginning, were formed into a new district, and known as the Stevens Point land district, and a land office located at that place. The boundaries enclosed the present counties of Juneau, Adams, Marquette, Green Lake, Waushara, Waupaca, Portage, Wood, Marathon, Lincoln, Shawano, New and Marinette. The La Crosse land district was formed- of the following territory : " Commencing at a point where the line between townships ten and eleven north touches the Mississippi river, thence due east to the fourth principal meridian, thence north to the line between townships fourteen and fifteen north, thence east to the southeast corner of township fifteen north, of range one east of the 224 HISTORY OF WISCONSIN fourth principal meridian, thence north on the range line to the south line of township number thirty-one nor.h, thence west on the line between townships number thirty and thirty-one to the Chippewa river, thence down said river to its junction with the Mississippi river, thence down said river to the place of beginning." The present counties of Vernon, La Crosse, Monroe, Buf- falo, Trempealeau, Eau Claire, Clark, and parts of Juneau and Chippewa were included in its limits. By act of congress, approved February 24, 1855, an additional district was formed of all that portion of the Willow river land district lying north of the line dividing townships forty and forty-one, to be called the Fond du Lac district — the office to be located by the president as he might from time to time direct. The present counties of Douglas, Bayfield, Ashland, and part of Burnett were included within its boundaries. By an act of congress, approved March' 3, 1857, so much of the districts of land subject to sale at La Crosse and Hudson, in the state of Wisconsin, contained in the following boundaries, were constituted a new district, to be known as the Chippewa land district : North of the line dividing townships twenty-four and twenty-five north ; south of the line dividing townships forty and forty-one north ; west of the line dividing ranges one and two east ; and east of the hne dividing ranges eleven and twelve west. The location of the office was to be designated by the president as the public interest might require. The present counties of Chippewa, Taylor, Eau Claire and Clark were in this district. There are at the present time six land offices in the state. They are located at Menasha, Falls of St. Croix, Wausau, La Crosse, Bayfield and Eau Claire. By the provisions of law, when the number of acres of land in any one district is reduced to one hundred thousand acres, sub- ject to private entry, the secretary of the interior is required to discontinue the office, and the lands remaining unsold are transferred to the nearest land office, to be there subject to sale. The power of locating these offices rests with the president (unless otherwise directed by law), who is alsc authorized to change and re-establish the boundaries of land districts whenever, in his opinion, the public service will be subserved thereby. The pre-emption law of 183a was intended for the, benefit of actual settlers against compe- tition in open market with non-resident purchasers. It gave every person who cultivated any part of a quarter section the previous year, and occupied the tract at the date mentioned, the privilege of securing it by payment of the minimum price at any time before the day fixed for the commencement of the public sale. To avail himself of this provision he was to file proof of cultivation and occupancy. As men frequently located claims in advance of the survey, it occasionally happened that two or more would find themselves upon the same quarter section^ in which case the pre-emption law permitted two joint occupants to divide the quarter section equally between them, whereupon each party received a certificate from the land office, author- izing him to locate an additional eighty acres, elsewhere in the same land district, not interfering with other settlers having the right of preference. This was called a floating right. This pro- vision of the law was ingeniously perverted from its plain purpose in various ways. As fast as these evasions came to the notice of the department, all certificates given to occupants of the same quarter section in excess of the two first, or to more than one member of the same family, to eniployees, to any person who had not paid for eighty acres originally occupied, as well as those which were not located at the time of such payment, and the additional tract paid for before the public sale, were held to be worthless or fraudulent ; but a large number of these certificates had been issued, and passed into the Jiands of speculators and designing men, and were a source of almost endless vexation and annoyance to settlers. The law of 1830 THE PUBLIC DOMAIN. 225 expired by limitation in one year from its passage, but was revived by the law of 1834 for two years. In the interim no settler could obtain his land by pre-emption. The law of 1834 extended only to those who had made cultivation in 1833, consequently the settlers of later date were excluded from its benefits. Meanwhile the fraudulent floats were freely used to dispossess actual settlers as late as 1835. The pre-emption law of congress, approved September 4, 1841, provided that every person who should make a settlement in person on public land, and erect a dwelling, should be author- ized to enter a quarter section (one hundred and sixty acres), at the minimum price (one dollar and twenty-five cents per acre), and thus secure the same against competition ; and if any person should settle upon and improve land subject to private entry, he might within thirty days give notice to the register of the land office of his intention to claim the land settled upon, and might within one year upon making proof of his right, enter the land at the minimum price. At the public land sales at Mineral Point, held in 1835, all those tracts on which leaa was found, or on which it was supposed to exist, were reserved to the United States, and were leased under certain regulations by the government for a rent of ten per centum of all the lead raised. The quantity of land thus reserved was estimated at one million acres. Considerable difficulty was found in collecting these rents, and subsequently it was abandoned, as the amount expended in collecting exceeded the value of the lead collected. In the period of four years the government suffered a loss of over nineteen thousand dollars. The act of congress, approved July 11, 1846, authorized the sale of the reserved mineral lands in Illioois, Wisconsin and Iowa, and provided that, after six months' public notice, the lands should not be subject to the rights of pre-emption until after the same had been offered at public sale, when they should be subject to private entry. The law also provided, that, upon satisfac- tory proof being made to the register and receiver of the proper land office, any tract or tracts of land containing a mine or mines of lead ore actually discovered and being worked, would be sold in such legal subdivisions as would include lead mines, and no bid should be received therefor at less than the sum of two dollars and fifty cents per acre, and if such tract or tracts should not be sold at such public sale, at such price, nor should be entered at private sale within twelve months thereafter, the same should be subject to sale as other lands. This act was changed by an act approved March 3, 1847, providing that any one being in possession by actual occupancy of a mine discovered prior to the passage of this act, who should pay the same rents as those who held leases from the secretary of war, should be entitled to purchase the lands prior to the day of sale at five dollars per acre. Mineral lands were to be offered for sale in forty acre pieces, and no bids were to be received less than five dollars per acre, and if not sold they were then to be subject to private entry at the same price. In 1847 or 1848 the reserved mineral lands were sold at public sale at Mineral Point at two dollars and fifty cents per acre, and they were all disposed of at that price. Soon after the formation of Wisconsin territory, an act was passed by its legislature, approved January 5, 1838, incorporating the Milwaukee and Rock river canal company, and by an act of congress approved June 18 of the same year, a grant of land was made to aid in the construction of the canal. The grant consisted of the odd-numbered sections on a belt of ten miles in width from Lake Michigan to Rock river, amounting to 139,190 acres. Of those lands 43447 acres were sold at public sale in July, 1839, at the minimum price of two dollars and fifty cents per acre. Work was commenced on the canal at Milwaukee, and the Milwaukee river for a short distance from its outlet was improved by the construction of a dam across the river, which was made available for manufacturing and other purposes. A canal was also built about a mile in length and forty feet wide, leading from it down on the west bank of the river. Much 226 HISTORY or WISCONSIN. dissatisfaction subsequently arose ; the purchasers at this sale, and others occupying these canal and reserved lands felt the injustice of being compelled to pay double price for their lands, and efforts were made to repeal all laws authorizing further sales, and to ask congress to repeal the act making the grant. The legislation on the subject of this grant is voluminous. In 1862 the legislature of the 'state passed an act to ascertain and settle the liabilities, if any, of Wisconsin and the company, and a board of commissioners was appointed for that purpose. At the session of the legislature in 1863, the committee made a report with a lengthy opinion o( the attorney-gen- eral of the state. The views of that officer were, that the company had no valid claims for damages against the state. In this opinion the commissioners concurred. On the 23d of March, 1875, an act was approved by the governor, giving authority to the attorney-general to discharge and jrelease of record any mortgage before executed to the late territory of Wisconsin, given to secure the purchase money or any part thereof of any lands granted by congress to aid in the construc- tion of this canal. The quantity of lands unsold was subsequently made a part of the~ 500,000 acre tract granted by congress for school purposes. It is believed the whole matter is now closed against further legislative enactments. The next grant of lands made by congress lor internal improvements in Wisconsin, was one approved August 8, 1846, 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 canal." By this act there was granted to Wisconsin on her becoming a state, for improving the navigation of the above-named streams, and constructing the canal to unite the same, a quantity of land equal to one-half of three sections in width on each side of Fox river, and the lakes through which it passes from its mouth to the point wheje the portage canal should enter the same, and each side of the canal from one stream to the other, reserving the alternate sections to the United States with certain provisions in relation thereto. On the 3d of August, 1854, an act of congress was approved, authorizing the governor of Wisconsin to select the balance of lands to which the state was entitled to under the provisions of the act of 1846, out of any unsold government lands sub- ject to private entry in the state, the quantity to be ascertained upon the principles which gov- erned the final adjustment of the grant to the state of Indiana, for the Wabash and Erie canal, approved May 9, 1848. In the years 1854 and 1855, acts of congress were passed, defining and enlarging the grant. Under the grants of 1846, 1854 and 1855, the number of acres donated for this purpose and certified to the state, was 674,100. After the admission of Wisconsin into the Union, by an act of its legislature, approved August 8, 1848, a board of public works was created, through which the work of improving the , said rivers, by the application thereto of the proceeds of the sale of the lands granted by con- gress, was undertaken by the state. It soon became apparent that the moneys realized from the sale of lands were insufficient to meet the obligations of the state issued by its board of public works as they became due ; and in 1853 the work was turned over to the Fox and Wisconsin Improvement company, a corpora- tion created under an act of the legislature of Wisconsin approved July 6, 1853. In 1856, by an act of the legislature of Wisconsin, approved October 3, 1856, the lands granted by congress then unsold were granted by the state, through the said company, to trustees, with power to sell, and to hold the proceeds in trust for the payment of state indebtedness, the completion of the work, thereafter for the payment of bonds issued by the said company, and the balance, if any, for the company itself. In February, i866, the trustees, in execution of the powers contained in the deed of trust made to them, and pursuant to a judgment of the circuit court of Fond du Lac county, sold at public sale at Appleton, Wisconsin, the works of improvement and the balance of lands granted THE PUBLIC iJOMArN". 227 by congress then unsold, and applied the proceeds to the purposes expressed in the deed of trust. The proceeds were sufficient to pay in full the expenses of the trust, the then outstanding state indebtedness, and to provide a fund sufficient to complete the work according to the plan specified in the act approved October 3, 1856. Under an act of the legislature of Wisconsin approved April 13, 1861, and the acts amend- atory thereof, the purchasers at said sale, on the 15th day of August, 1866, filed their certificate in the office of the secretary of state, and thereby became incorporated as the Green Bay and Mississippi canal company, holding, as such company, the said works of improvement. At a subsequent date, under instructions from the engineer department of the United States, the surveys of the Fox and Wisconsin rivers were placed in the charge of General G. K. War- ren, and by act of congress approved July 7, 1870, the secretary of war was authorized to appoint a board of arbitrators to ascertain how much the government should pay to the suc- cessors of the Improvement company, the Green Bay and Mississippi canal company, for the transfer of all its property and rights; and by a subsequent act, approved June 10, 1872, an appropriation was made therefor. The legislation on matters connected with the Fox and Wisconsin river improvement would make a chapter of itself. The work is now in charge of the government, and will be prosecuted to completion in a satisfactory manner. On the 29th of May, 1848, an act was approved by the president "to enable the people of Wisconsin territory to form a constitution and state government, and for the admission of such state ihto the Union," by which certain propositions were to be submitted to the convention which were to be acted upon, and subsequently submitted to the people for their approval. The first constitutional convention was held in October, 1846, and, having framed a constitution, it was submitted to a vote of the people at the election in 1847, and it was rejected. The second convention met December 15, 1847, and, having formed a constitution, it was adopted by the people at the election in 1848. The following are the propositions proposed by congress : 1. That section sixteen numbered in every township of the public lands of said state, and where such section has been sold or otherwise disposed of, other lands equivalent thereto, and as contiguous as may be, shall be granted to the said state for the use of schools. 2. That seventy-two sections, or two entire townships, of land set apart and reserved for the use and support of a university by act of congress approved June 12, 1838, are hereby granted and conveyed to the state, to be appropriated solely to the use and support of such university in such manner as the legislature may prescribe. , 3. That ten entire sections of land to be selected and located under the direction of the legislature, in legal subdivisions of not less than one quarter of a section from any of the unap- propriated lands belonging to the United States within the state are granted to the state for completing the public buildings, or for the erection of others at the seat of government, under the direction of the legislature. 4. That all salt-springs within the state, not exceeding twelve in number, shall be granted to the state, to be selected by the legislature, and when selected, to be used or disposed of on such terms, cohditions, and regulations as the legislature shall direct. The title to all lands and other property which accrued to the territory of Wisconsin by grant, gift, purchase, forfeiture, escheat, or otherwise, were, by the provisions of the constitution of the state, vested in the state ; and the people of the state, in their right of sovereignty, were declared to possess the ultimate property in and to all lands within its jurisdiction ; and all lands, the title of which shall fail from a defect of heirs, shall revert or escheat to the people. The act of congress for the admission of the state into the Union gave formal assent to the 228 HISTORY OF WISCOKSIN. grant relative to the Fox and Wisconsin river improvement, and the lands reserved to the United States by said grant, and also the grant 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, were to be offered for sale at the same rhinimum price, and subject to the same rights of pre-emption as Other public lands of the United States. By the provisions of the state constitution, the secretary of state, the state treasurer and attorney-general, were constituted a board of commissioners for the sale of the school and university lands, and for the investment of the funds arising therefrom. In the year 1850 the commissioners put into market, for the first time, the school lands which had been donated to the state. The total quantity of lands offered was 148,021, 44-100 acres, which sold for the sum of 1444,265.19. By an act of congress, approved September 4, 1841, there were granted to the state 500,000 acres of land, which were, by act of the territorial legislature of 1849, appropriated to the school fund, and the unsold lands of the Milwaukee and Rock river canal company, amounting to about 140,000 acres, weire to be included as a part of the above grant. These lands, and the sixteenth section of each township, make up the whole of the school lands of the state. The whole number of acres sold up to the year 1877 is 1,243,984 acres, and there remain unsold, subject to entry, 216,016 acres. The state university land grant was made in 1838, and seventy-two sections set apart and reserved. The lands were selected in 1845 and 1846. On the ■15th of December, 1854, an act of congress was approved, relinquishing to the state the lands reserved for the salt-springs, and Seventy-two sections were granted in lieu thereof, in aid of the university of the state The number of acres amounts to 92,160, all of which have been sold except 4,407 acres, which are subject to entry. Under the re-organization and enlargement of the university, under provisions of chapter 114, of general laws of 1866, section thirteen provides, among other things, that the income of a fund to be derived from the sales of the two hundred and forty thousand acres, granted by congress by act approved July 2, 1862, entitled : "An act donating lands to the several states and territories which may provide colleges for the benefit of agriculture and mechanic arts," be devoted to the state university, and the funds arising therefrom to be known as the " agricultural college fund." All of the grant of lands have been sold except 5 1,635 acres. The quantity of lands donated by act of congress August 6, 1846, for the purpose of completing or erecting public buildings at the seat of government, known as " Capitol Lands," amounted to ten entire sections, or six thousand four hundred acres. A grant of lands was made to the state by act of congress, approved September 28, 1850, of all the swamp and overflowed lands within its limits. The total number of acres of this grant, as certified to the state from the government, to the year 1877, is 1,869,677. , A grant of land was made by congress, approved March 3, 1863, for the construction of a military road from Fort Wilkins, Michigan, to Fort Howard, Wisconsin, of every alternate section of public lands, designated by even numbers for three sections in width on each side of said road, and subject to the disposal of the legislature. In 1865 sales of land were made to the number of 85,961.89 acres, which realized the sum of $114,856.54. An act of congress was approved June 25, 1864, granting lands to the state to build a military road from Wausau, Wisconsin, to Ontonagon, on Lake Superior, of every alternate section of land designated as odd sections, for three sections in width on each side of the road. The grant was accepted by the state by law, approved April 10, 1865. An act was also passed by congress, approved April 10, 1866, granting to the state of Wis- consin a donation of public lands to aid in the construction of a breakwater and harbor and ship THE PUBLIC DOMAIN. 229 canal at the head of Sturgeon bay, Wis., to connect the waters of Green bay with Lake Michigan. The grant was for 200,000 acres of land. The grant was accepted by the legislature of 1868. In 1874, thesame body by resolution transferred to the Sturgeon bayandLake Michigan ship canal and harbor company 32,342 acres, and the remaining portion was authorized to be sold for agriT ^cultural purposes by said company. The first railroad grant in Wisconsin was by act of congress, approved June 3, 1856, by the first section of which there was granted to the state, for the purpose of aiding in the construction of a railroad from Madison or Columbus, by the way of Portage City, to the St. Croix river or lake, between townships twenty-five and thirty-one, and from thence to the west end of Lake Superior and to Bayfield ; and from Fond du Lac, on Lake Winnebago, northerly to the state line, every alternate section of land designated by odd numbers, for six sections in width on each side of said roads, respectively ; the land to be applied exclusively in the construction of said roads, and to no other purpose whatever, and subject to the disposal of the legislature, and the same shall remain public highways for the use of the government, free from toll and other charges upon the transportation of property or troops of the United States, with other conditions as to the disposal of said lands. The grant was accepted by the legislature by an act approved October 8, 1856, and on the nth of the same iponth an act was approved granting a portion of the lands to the La Crosse & Mississippi railroad company, who were to carry out all the requirements of the original grant. A supplementary act was approved the same session, October 13, incorporating the Wisconsin '& Superior railroad, which company was required to commence the construction of their road on or before January i, 1857, and to complete the same to Oshkosh before August r, 1858. Of this land grant John W. Cary says : " That portion of the grant given to aid in the construction of a railroad northerly to the state line was conferred on the Wisconsin & Superior railroad company. 'Phis company was organized in the interest of the Chicago, St. Paul & Fond du.Lac railroad company, and that part of the grant was transferred to it. The road was, in 1859, extended to Oshkosh, and thence to Menasha, and finally to Green Bay. In the panic of 1857, the company failed to meet its obligations, but was afterward enabled to go on, and continued in possession until June 2, 1859, when its road was sold on the foreclosures of the mortgages given thereon ! and on the sixth of the same month the present Chicago & Northwestern railroad company was organized under the statute, by purchasers at said sale, and took possession." A large portion of the original grant was given for the construction of a road from Madison or Columbus to the St. Croix river, as before stated. The La Crosse company, during the years '1857 and 1858, completed its main line to La Crosse; the Watertown line, from Watertown to Columbus, and partially graded the line from Madison to Portage City. Neither it nor its suc- cessors ever received any part of the lands of the land grant. In 1856 and 1857, the La Crosse & Milwaukee railroad graded most of the line from Madi- son to Portage. After the failure of the company, this line was abandoned, and so remained until 1870, when a new company was organized, under the name of the Madison & Portage City railroad company. In 1873, an act was passed chartering the Tomah & Lake St. Croix railroad company, and repealing and annulling that portion of the land grant which bestowed the lands from Tomah to Lake St. Croix upon the La Crosse company, and bestowing the same upon the company chartered by this act. This road is known as the West Wisconsin, railroad. An act of congress was approved May 5, 1864, granting lands to aid in the construction of certain roads in the state. This was a re-enactment of the law of 1856, and divided the grant in three sections, one of which was for a road from a point on the St. Croix river or lake, between 230 HISTORY OF WISCONSIN. townships twenty-five and thirty-one, to the west end of Lake Superior, and from some point on the line of said road, to be selected by the state, to Bayfield — every alternate section designated by odd numbers, for ten sections in width on each side of said road, with an indemnity extending twenty miles on each side, was granted, under certain regulations ; another, for aiding in building a road from Tomah to the St. Croix river, between townships twenty-five and thirty-one — every alternate section by odd numbers, for ten sections in width on each side of the road ; another for aiding and constructing a railroad from Portage City, Berlin, Doty's Island, or Fond du Lac, as the legislature I may determine, in a northwestern direction, to Bayfield, on Lake Superior, and a grant of every alternate section designated by odd numbers, for ten sections in width on each side of said road, was donated. The legislature of 1865 failed to agree upon a disposition of the grant. The succeeding' legislature conferred the grant partly upon the " Winnebago & Lake Superior Railroad Company," and partly upon the " Portage & Superior Railroad Company," the former April 6, 1866, and the latter April 9, 18616. The two companies were consolidated, under the name of the "Portage, Winnebago & Superior Railroad," by act of thd legislature, March 6, 1869, and by act of legis- lature approved February 4, 1871, the name was changed to the "Wisconsin Central Railroad." HEALTH OF WISCONSIN. By JOSEPH BOBBINS, M.D. An article on state health, necessarily embracing the etiology, or causes of disease, involves the discussion of the geographical position of the state ; its area, physical features ; its elevations, depressions; water supply; drainage; its mean level above the sea; its geology; climatology; the nationality of its people ; their occupations, habits, fdod, education ; and, indeed, of all the physical, moral and mental influences which affect the public health. Geographical Position. The geographical position of Wisconsin, considered in relation to health, conveys an imme- diate and favorable impression, which is at once confirmed by a reference to the statistical atlas of the United States. On its north it is bounded by Lake Superior, Minnesota, and the northern peninsula of Michigan ; on the south by Illinois ; on the east by Lake Michigan, and on the west by the Mississippi. It lies between 42'' 30' and 46° 55' N. latitude, and between 87° and 92° 50' W. long.; is 285 miles long from north to south, and 255 in breadth from east to west, giving it an area of some 53,924 square miles, or 34,511,360 acres. Its natural surface divisions, or proportions, are 16 per cent, of prairie, 50 of timber, 19 of openings, 15 of marsh, mineral undefined. North of 45° the surface is nearly covered with vast forests of pine. The proportion of the state cultivated is nearly one-sixth. Physical Features. Among these, its lacustrine character is most conspicuous, so much so that it may not inaptly be called the state of a thousand lakes, its smaller ones being almost universal and innumerable. HEALTH OF AVISCONSIN. 231 It has an almost artificially perfect arrangement of its larger rivers, both for supply and drainage, is rolling in its surface, having several dividing ridges or water sheds, and varies from 600 to 1,600 feet above the level of the sea, Blue Mounds being 1,729 feet above sea level. Its pine and thickly wooded lands are being rapidly denuded, and to some extent converted to agricultural purposes ; its marshes in the north are being reclaimed for cranberry cultivation, and in the more thickly settled parts of the state for hay purposes. The surface of the state is beautifully diver- sified with stream, waterfall and rapids ; richly wooded bluffs several hundred feet in height, assuming the most romantic and pleasing forms, and composed of sandstone, magnesian limestone, granite, trap, etc. The health and summer resorts of Wisconsin are illustrative of its beauty, and its numerous mineral springs have long since formed an important feature of its character for salubrity. Geology. The geology of Wisconsin does not require from us but a very general notice, as it is only from its relation to disease that we have to consider it. This relation is in a measure apparent in the fact that everywhere the topographical features are governed by the strata below them. The relationship will be seen still further in the chemical or sanitary influence of the geological structures. Through the greater part of the south half of the state limestone is found, the cliff prevailing in the mineral region, and the blue in the other parts; while in the north part of the state the primitive rocks, granite, slate, and sandstone prevail. South of the Wisconsin river sandstone in layers of limestone, forming the most picturesque bluffs, abounds. While west of Lake Michigan extends up to these rocks the limestone formation, being rich in timber or prairie land. Sandstone is found underneath the blue limestone. The general dip of the stratified rocks of the state is toward the south, about 8 feet to the mile. Medical geology treats of geology so far only as it affects health. Thus, some diluvial soils 1 and sands are known to be productive of malarial fevers ; others, of a clayey character, retaining water, are productive of cold damp, and give rise to pulmonary and inflammatpry diseases ; while others still, being very porous, are promotive of a dry and equable atmosphere. In the Potsdam rocks arise our purest waters and best supply, while our magnesian limestone rocks (a good quality of this kind of rock being composed of nearly equal parts of carbonate of lime and carbonate of magnesia) affect the water to the extent of producing simple diarrhoea in those unaccustomed to drinking it, as is observed in southern visitors, and was especially noticeable in the rebel prisoners at Camp Randall, though singularly enough do not seem to produce stone and gravel, as is alleged of the same kind of water in the north of England. Why this is so — if so — is a question of some interest. Goitre and cretinism are both attributed to the use of the same magnesian limestone water. Goitre is by no means an uncommon affection here, but not common enough, perhaps, to warrant us in thinking its special cause is in the water. Boiling the water is a preventive of all injurious effects. There is still another objection — partic- ularly applicable to cities — to this kind of water, the carbonates of lime and magnesia which it contains, not simply making it hard, but giving it the power to promote the decomposition of organic matters, and thus where the soil is sandy or porous, endangering the purity of our well- water. Geology in general affects all our soils and their products ; all our drainage ; even our architecture, the material with which we build. Our building stone for half of the state is a magnesian limestone, a rather soft or poor quality of which will absorb one-third of its bulk of water, or two and a half gallons to the cubic foot, while most kinds of sandstone are nearly as porous as loose sand, and in some of them the penetrability for air and water is the same. (A single brick of poor quality will absorb a pint of water). Such materials used in the construction 232 HISTOKY OF WISCONSIN. of our dwellings, without precautionary measures,, give rise to rheumatism, other grave diseases, and loss of strength. Besides, this character of stone absorbs readily all kinds of liquid and gaseous impurities, and though hardening in dry air, decays soon when exposed to underground moisture. The material of which our roads are made, as' well as the kind of fuel we use in our homes, have the same unquestionable relationship to geology and disease. Drainage. , The natural drainage of the state, bearing in mind that the mean elevation of its hydro- graphical axis is about i,ooo feet above the sea level, is as excellent as it is obvious. ' (A line' running from Lake Michigan across the state, to the Mississippi, shows an elevation of about 500 feet).. North its drainage, is by a few rapid but insignificant streams into Lake Superior, while east it increases greatly and enters Lake Michigan by way of Green bay. The principal part of the supply and drainage, however, is from the extreme north to the southwest through the center of the state, by five large rivers, which empty themselves into the Mississippi at almost equal . ■distances from each other. Climatology. The climatology of Wisconsin will be exhibited in the observations taken at different times, for longer or shorter periods, and at diff'erent points of the state. But it must be borne in mind that climate depends quite as much and very frequently more upon the physical surroundings, upon the presence of large bodies of water, like our lakes, upon large forests, like our pineries, like our heavy hard-woods, and of land elevations and depressions, upon isothermal lines, etc., as it does upon latitVide. Our historic period is of a character too brief for us to assume to speak ■of our climate, or of all the changing causes which, influence it — in ^ positive manrier, our horticultural writers, to make the difficulty still greater, affirming that it 'Was, several climates within itself; still, sufficient data have been gathered from sufficiently reliable sources to enable us to form a tolerably accurate idea of the subject. ' The great modifiers of our climate 'are our lakes. These, bounding as they do, the one, Lake Superior (600 feet above the level of the sea, 420 miles long and 160 broad), on the north side of the state, and the other. Lake Michigan (578 feet above the sea level, 320 miles long and 84 broad), on the east side of the state, ser^ve to govern the range of the thermometer and the mean temperature of the seasons, as much as they are governed in New England by the ocean. Our climate is consequently very much like that of the New England sea-board. They both exhibit the same extremes and great extremes, have the same broadly marked continental features at some seasons, and decided tropical features at others. It is of special interest in this con- nection to know that the climate between the eastern coast and th'e lakes increases in rigor as one advances west until the lakes are reached, and again becomes still more rigorous as one advances into the interior west of the lakes, thus affording proof, if proof were wanting, of the modifying and agreeable influences of large bodies of water During the winter the mean temperature of the east on the New England coast is 8.38 higher than the west (beyond the lakes) ; during the spring 3.53 lower ; during the summer 6.99 lower; and during the autumn 1.54 higher. In the mean temperature for the year there is but a fradtional difference. That the winters are less rigorous and the summers more temperate on the Great Lakes is demonstrated to be owing not to elevation, but, as on the ocean, to the equal- izing agency of an expanse of water. On the lakes the annual ratio of fair days is 117, and on the New England coast 215; the HEALTH OF WISCONSIN. 233 cloudy days are as 127 to 73; the rainy as 63 to 46 , and the snowy as 45 to 29 In the former the prevailing weather is cloudy, and in the latter it is fair. The immense forests on the upper lake shores of course exercise a considerable influence in the modification of our temperature, as well as in the adding to our rain-fall and cloudy days. A climate of this character, with its attendant rains, gives us that with which we are so abundantly supplied, great variety of food, both for man and beast, the choicest kinds of fruits and vegetables m the greatest profusion, and of the best quality, streams alive with fish, woods and prairies with game, the noblest trees, the most exquisite flowers, and the best breeds of domestic animals the world can boast of. The semi-tropical character of our summer, and its resemblance to that of New England, is shown by the mean temperature — 70° — for three months at Salem, Massachusetts, at Albany, New York, at southern Wisconsin, Fort Snelling and Fort Benton on the Upper Missouri, being the same ; while at Baltimore, Cincinnati and St. Louis, it is 75", and around the gulf of Mexico it is 80° Another feature of our climate is worthy the notice of invalids and of those who make the thermometer their guide for comfort. It is a well-ascertained fact that during the colder seasons the lake country is not only relatively, but positively, warmer than places far south of it. The thermometer, during the severe cold of January, 1856, did not fall so low at the coldest, by 10* to 15° at Lake Superior as at Chicago at the same time. This remark holds trlie of the changes of all periods of duration, even if continued over a month. The mean temperature at Fort Howard, Green Bay, Wisconsin, 600 feet above the level of the Atlantic, latitude 44° 40', longitude 87°, observations for nine years, is 44.93; and at Fort Crawford, Prairie du Chien, Wisconsin, 580 feet above the level of the Atlantic, latitude 43° 3', longitude 90" 53', observa- tions for four years, is 45.65, giving a just idea of our mean temperature for the state. Under the head of distribution of heat in winter, it is found that the maximum winter range at Fort Winnebago, Wisconsin, for sixteen years, is 9.4. Hyetal or Rain Character. Wisconsin is situated within what is termed the area of constant precipitation, neither affected by a rainy season, nor by a partial dry season. The annual quantity of rain on an average for three years at Fort Crawford, was 29.54 inches, and at Fort Howard the mean annual on an average of four years, was 38.83 inches. The annual quantity of rain, on an average of three years was 31.88 inches at Fort Winnebago, situate (opposite the portage between the Fox and Wisconsin rivers) 80 miles west of Lake Michigan and 1 1 2 miles southwest of Greerk Bay. The rain-fall is less in the lake district than in the valley of the Mississippi in the same latitudes. One of the peculiarities of our winters is the almost periodical rain-fall of a few days in the middle of the winter (usually in the middle of January), which extends to the Atlantic coast while north and northwest of us the dry cold continues without a break, winter being uniform and severe, characterized by aridity and steady low temperature. Another peculiarity of our climate IS, the number of snowy and rainy days is increased disproportionately to the actual quantity the large bodies of water on the boundaries of the state, contrary to the popular opinion, reduc- ing the annual quantity of rain in their immediate vicinity instead of adding to it, the heavier precipitation being carried further away. One of the most pleasing features of our climate is its frequent succession of showers in summer, tempering as it does our semi-tropical heat, increasing the fertility of the soil, and carpeting our prairies with a green as grateful to the eye as that of England. The hygrometric conditioji of Wisconsin may be judged of with proximate accuracy by that given of Poultney, Iowa : 234 HISTORY or WISCONSIN Day. Temperature of Air. Temperature of Evaporat'n Humidity, per cent. Day. Temperature of Air. Temperature of Evaporat'n Humidity, per cent. I0th._ _. II 92° 87 92 96 93 .78° 75 77 81 78 51 55 48 50 44 19th 20 .-- -- 21- 29 30 -- 94° 97 96 81 84 81° 81 80 72 71 55 48 12 13 14---- 47 63 . 50 The average depth of snow for three years, at Beloit, Wisconsin, was twenty-five inches, while at Oxford county, Maine, the average for twelve years was ninety inches. The isohyetal lines of the mean precipitation of rain and melted snow, for the year 1872, show that of Wiscon- sin to be thirty-two. • Isotherms. The mean temperature of spring is represented by the isotherm of 45° F. which enters Wis- consin from the west about forty miles south of Hudson, passing in a nearly southeast direction, and crosses the south line of the state near the west line of Walworth county. It then passes nearly around the head of Lake Michigan, then northeast until it reaches the latitude of Milwaukee, whence it passes in a somewhat irregular course east through Ontario, New York, and Massa- chusetts, entering the ocean in the vicinity of Boston. The summer mean isotherm of 70° F. enters Wisconsin from the west but little farther north than the spring isotherm, and passes through the state nearly parallel with the course of that line, crossing the southern boundary near the east line of Walworth county ; passing through Chicago it goes in a direction a little south of east, and enters the Atlantic at New Haven. The mean isotherm of 47° F. for autumn, enters the state about twenty miles porth of Prairie du Chien, passing in a direction a little north of east through Portage, and enters Lake Michigan near Manitowoc. The isotherm of 20° F. representing the mean temperature of winter, enters the state near Prairie du Chien, passes east and north and enters Lake Michigan at Sturgeon bay. The annual mean temperature is repre- sented by the isotherm of 45° F. which enters the state near Prairie du Chien, passes across the, state in a direction a little south of ea:st, and enters Lake Michigan a little south of Milwaukee. What influence these isotherms have upon our belts of disease there are no data to show. But from their influence upon vegetable life, one can not, but infer a similar good influence on the animal economy. This is a question for the future. Barometrical. Yearly mean of barometer at 32" F. as observed at the University of Wisconsin, altitude 1,088 feet above the sea : l86g 28.932 inches. 1870 28.867 " 1871 28.986 " 1872 28.898 1873 28.892 inches, 1874 28.867 " 1875 28.750 " 1876 28.920 " Atmospheric pressure, as indicated by the barometer, is an important' element in the causation of disease, far more so than is generally thought. The barometer indicates not only the coming of the storm, but that state of the atmosphere which gives rise to health at one time, and to disease at another. When the barometer is high, both the body and mind have a feeling of elasticity, of vigor and activity, and when the barometer ranges low, the feelings of both are just the reverse ; and both of these states, commonly attributed to temperature, are mostly the result of change in the barometric pressure. Many inflammations, as of the lungs, etc., commonly HEALTH OF AVISCONSIN. 235 attributed to change in the temperature, have their origin in barometrical vicissitudes. Winds. Generally speaking, the atmospheric movement is from the west. It is of little purpose what the surface wind may be, as this does nof affect the fact of the constancy of the westerly winds in the middle latitudes. The showers and cumulus clouds of the summer always have this movement. The belt of westerly winds is the belt of constant and equally distributed rains, the feature of bur winds upon which so much of our health and comfort depends. Climatological Changks from Settling the State. There are many theories afloat concerning the effects of reclaiming the soil and the destruc- tion of its forests. To us, a new people and a new state, the question is one of great moment, ithe more so that it is still in our power not only to watch the effects of such changes, but still more so to control them in a measure for our good. As to the effects upon animal and vegetable life, it would appear that so far as relates to the clearing away of forests, the whole change of conditions is limited to the .surface, and dependent for the most part on the retention and slow evaporation in the forest, in contrast with the rapid drainage and evaporation in the open space. The springs, diminishing in number and volume in our more settled parts of the state, do not indicate a lessening rain-fall. It is a well ascertained fact that in other places so denuded, which have been allowed to cover themselves again with forests, the springs reappear, and the streams are as full as before such denudation. With us, happily, while the destruction of "forests is going on in various parts of the state, their second growth is also going on, both in the pineries, where new varieties of hard-wood take the place of the pine, and in the more cultivated parts of the state, cultivation forbidding, as it does, the practice so much in vogue some years ago, of running fires through the undergrowth. Thus, though the renewal of forests may not be keeping pace with their destruction, it would seem clear that as time advances, the springs and streams in the more cultivated sections of the state will fill and flow again, increasing in proportion as the second growth increases and expands. The change, however, from denudation, though strictly limited to the surface, affects the surface in other ways than simply in the retention and evaporation of rain. When the winter winds are blowing, the want of the sheltering protection of belts of trees is bitterly felt, both by man and beast. And so, too, in the almost tropical heats of the summer ; both languish and suffer from the want of shade. Nor is the effect of denudation less sensibly felt by vegetable life. The growing of our more delicate fruits, like the peach, the plum, the pear, the better varieties of the cherry and gooseberry, with the beautiful half-hardy, flowering shrubs, all of which flourished so well in a number of our older counties some, twenty years ago, areas a rule no longer to be found in those localities, having died out, as is believed, from exposure to the cold winds, to the south west winds in particular, and for want of the protecting influence of the woods. In fruits, how ever, we have this compensation, that, while the more tender varieties have been disappearing, the hardier and equally good varieties, especially of apples, have been increasing, while the grape (than which nothing speaks better for climatology), of which we grow some 150 varieties, the strawberry, the raspberry, blackberry and currant, etc., hold their ground. Nor are the cattle suffering as much as formerly, or as much as is perhaps popularly believed, from this want of forests or tree shelter. With the better breeds which our farmers have been able of late years to purchase, with better blood and better food, and better care, our stock instead of dwindling in condition, or in number, from the effect of cold, has progressed in quality and quantity, and competes with the best in the Chicago and the New York markets. 236 HISTOEY or WISCONSIN. There can, however, be no doubt that the planting of groves and belts of trees in exposed localities, would be serviceable in many • ways ; in tenlpering the air and imparting to it an agreeable moisture in the summer ; in modifying the severity of the cold in winter ; in moderating the I extreme changes to which our climate is subject; and thus in a measure preventing those discomforts and diseases which occur from sudden changes of temperature. Besides, these' plantings, when made between our homes or villages and malarial marshes southwest of us, serve (by the aid of our prevailing southwest winds) to break up, to send over and above and beyond us the malarial substratum of air to which we are otherwise injuriously exposed. . . The effects of reclaiming the soil, or "breaking " as it is called in the west, have, years ago, when the state first began to be settled, been disastrous to health and to life. The moist sod being turned over in hot weather, and left to undergo through the summer a putrifying fomen- tative process, gave rise to the worst kind of malarial, typhoid (bilious) and dysenteric disease. Not, however, that the virulence or mortality altogether depended upon the soil emanations. These were undoubtedly aggravated by the absolute poverty of the early settlers, who were wanting in everything, in proper homes, proper food and proper medical attendance, medicines and nursing. These fevers have swept the state years ago, particularly in the autumns of 1844 and 1845, but are now only observed from time to time in limited localities, following in the autumn the summer's " breaking." But it is pleasing to be able to add that through the advancing prosperity of the state, the greater abundance of the necessaries and comforts of life, and the facilities for obtaining medical care, the diseases incident to "' settling ' are much less common and much less, fatal than formerly. Relations of Climatology, to Sanitary Status. One of the principal reasons'for gathering climatological observations, is to obtain sanitary information, which serves to show us where man may live with the greatest safety to his health. Every country, we might perhaps correctly say every state, has, if not its peculiar diseases, at least its peculiar type of diseases. And by nothing is either this type or variety of disease so much influenced as by climate. Hence the great importance of the study of climatology to health and disease, nay, even to the kind of medicine and to the regulating of the dose to be given. It is, however, best to caution the reader that these meteorological observations are not always made at points where they would most accurately show the salubrity of a geographical district, by reason of the fact that the positions were chosen not for this special purpose, but ■ for purely military purposes. We allude to the forts of Wisconsin, from which our statistics for the most part come. Another caution it is also well to bear in mind in looking over the class of diseases reported at these stations in connection with their observations. The diseases are those of the military of the period, a class from which no very favorable health reports could be expected, considering their habits, exposure, and the influences incidental to frontier life. The geography of disease and climate is of special interest to the public, and a knowledge especially necessary to the state authorities, as it is only by such a knowledge that state legis- lation can possibly restrain or root out the endemic diseases of the state. In connection with the gathering of vital statistics must go the collection of meteorological and topographical statistics, as without these two latter the former is comparatively useless for sanitary purposes. More particularly does this apply to the malarial diseases of the state. Acclimation is very rarely discussed or even alluded to by our people in relation to Wisconsin, for the reason that, come from whatever part of Europe men may, or from the eastern states, acclimation is acquired for the most part unconsciously, rarely attended by any malarial affection, unless by exposure in such low, moist localities, where even the natives of the state could not HEALTH OV WISCONSIN". 237 .live with impunity. It seems to be well enough established that where malaria exists, whether in London, New York, or Wisconsin ; where the causes of malarial disease are permanent, the effects are permanent, and that there is no positive acclimation to malaria. Hence it should follow that since life and malaria are irreconcilable, we should root out the enemy, as we readily can' by drainage and cultivation, or, where drainage is impossible, by the planting of those shrubs or trees which are found to thrive best, and thereby prove the best evaporators in such localities. Our climate, approximating as it does the 45th degree (being equi-distant from the equator and pole), would a priori be a common ground of compromise and safety, and from this geographical position is not liable to objections existing either north or south of us. Influence of Nationalities. Our population is of such a confessedly heterogeneous character that naturally enough it suggests the question : Has this intermingling of different nationalities sensibly affected our health conditions ? Certainly not, so far as intermarriages between the nations of the Caucasian race are concerned. This opinion is given first upon the fact that our classes of diseases have neither changed nor increased in their intensity by reason of such admixture, so far as can be learned by the statistics or the history of disease in the northwest. Imported cases of disease are of course excepted. Second, because all that we can gather from statistics and history concern- ing such intermingling of blood goes to prove that it is beneficial in every respect, physically, mentally and morally. England, of all nations, is said to be the best illustration of the good attending an intermingling of the blood of different nations, for the reason that the English character is supposed to be, comparatively speaking, good, and that of all countries she has been perhaps more frequently invaded, and to a greater or less part settled by foreign peoples than any other. From a residence of nearly a quarter of a century in the center of Wisconsin, and from an adequate knowledge of its people, whose nationalities are so various and whose intermarriages are so common, it is at least presumable that we should have heard of or noted any peculiar or injurious results, had -any such occurred. None such, however, have been observed. Some fears have been expressed concerning the influence of Celtic blood upon the American temperament, already too nervous, as is alleged. It is scarcely necessary to say that these fears are unsupported by figures or facts. Reasoning from analogy, it would seem safe to affirm that the general inter- mingling by intermarriage now going on in our population, confined to the Caucasian nationali- ties, will tend to preserve the good old Anglo-Saxon character, rather than to create any new char- acter for our people. If this view needed support or confirmation, it is to be found in some very interesting truths in relation to it. Mr. Edwin Seguin, in his work on Idiocy, lays special stress on the influences of races in regard to idiocy and other infirmities, like deafness. He says that the crossing of races, which contributed to the elimination of some vices of the blood (as may be the case in the'United States, where there are proportionally less dteaf and dumb than in Europe), produces a favorable effect on the health of the population, and cites as an example, Belgium, which has fewer deaf and dumb than any country in Europe, owing to the influence of the crossing of races in past ages from the crowds of northern tribes passing, mingling and partly settling there on the way to England. We are aware that it has been predicted that our future will give us a new type, distinct from all other peoples, and that With this type must come not only new diseases but modifications or aggravations of the present diseases, in particular, consumption and insanity. But so long as we are in a formative state as a nation, and that this state seems likely to continue so long as the country has lands to be occupied and there are people in Europe to occupy them, such spec^ Illations can be but of little value. 238 HISTOKY OF WISCONSIN ' Occupations, Food, Education, etc., as affecting Public Health. The two chief factors of the social and sanitary well-being of a people are a proper educa- tion of the man and a proper cultivation of the soil. Our two principal occupations in Wisconsin are education and agriculture, the learners in the schools being in excess of the laborers on the soil. A happier combination could scarcely be desired, to form an intelligent and a hfealthy people. How this will affect our habits in the future it is easy to conceive, but for the present it may be said (of so many different nationalities are we composed), that we have no habits which serve to distinguish us from the people of other northwestern states. A well-fed and a well-taught people, no matter how mixed its origin, must sooner or later become homogeneous and a maker of customs. In the mean time we can only speak of our habits as those of a people in general having an abundance of food, though it is to be wished the workers ate more beef and mutton, and less salt-pork, and that whisky was less plentiful in the land. The clothing is sufficient, fuel is cheapj and the dwellings comfortable. Upon the whole, the habits of the people are conducive to health. It is thought unnecessary to refer to the influence upon health in general of other occupations, for the reason that manufacturers, traders and transporters are for the most part localized, and perhaps not sufficiently nuinerous to exercise any marked influence on the state health. / History of Disease. In searching for historical data of disease in Wisconsin, we are able to go back to the year 1766, commencing with the aborigines. The Indians, says Carver, in his chapter on their diseases, in general are healthy and subject to few diseases. Consumption from fatigue and exposure he notices, but adds that the disorder to which they are most subject is pleurisy. They are like- wise aflSicted with dropsy and paralytic complaints. It is to be presumed that while Carver is speaking generally, he means his remarks to apply, perhaps, more particularly to those Indians with whom he lived so long, the Sioux of this state. That they were subject to fevers is gathered from the use of their remedies for fever, the " fever bush " being an ancient Indian remedy, and equally valued by the inhabitants of the interior parts of the colonies. Besides this, they had their remedies for complaints of the bowels, and for all inflammatory complaints. These notices sufficiently indicate the class of diseases which have certainly followed in the wake of the Indi- ans', and are still occurring to his white brother,- making it plain enough that lung diseases, bowel complaints, and fevers are in fact native to the state. The fact must not be ignored that the Indian is subject to the same diseases as the human race in general. After Carver, we may quote Major Long's expedition in 1824. The principal disease of the Sacs appears to be a mortification of the intestinal canal, more common among men than women, the disease proving fatal in four days if not relieved. It is unaccompanied with pain, and is neither hernia, dysentery, nor hemorrhoids. Intermittents were prevalent, and the snfall-pox visited them at different periods. As the Chippewas have a common Algonquin origin with the Sacs, and as their home and customs were the same, it may be expected that" their diseases were simi- lar. The principal disease to which the Chippewas are liable is consumption of the lungs, generally affecting them between the ages of 30 and 40 ; they linger along for a year or two, but always fall victims to it. Many of them die of a bowel complaint which prevails every year. This disease does not partake, however, of the nature of dysentery. They are frequently affected with sore eyes. Blindness is not common. Many of them become deaf at an early age. Referring to the report of the commissioner of Indian affairs for 1854, we find, that the decrease in the number of the Menomonees is accounted for by the ravages of small-pox, in 1838, HEALTH or WISCONSIN. 239 of the cholera, in 1847 (which latter was superinduced by misery and starvation), and by the fever, which from time to time, commonly in the winter, has been raging among them, being clearly the consequence of want of provisions and other necessaries. The report for 1850 says, there has been considerable sickness among the Winnebagoes for several' months past ; dysentery has been the prevalent disease, confined mostly to children. For 1857 : the Winnebagoes have suffered considerably from chronic diseases, scrofula and consumption. For 1859: the chief malady among the Winnebagoes is phthisis pulmonalis and its analogous diseases, having its source in hereditary origin. Some of the malignant diseases are occasionally met with among them, and intermittent and remittent fevers. In 1863 : of the Menomonees, there is a large mortality list of the tribes under my charge. Measles and some 6f the more common eruptive diseases are the causes. But the most common and most fatal disease which affects the Indians at this agency is pneumonia, generally of an acute character. There is but little tubercular disease to be found in any of these tribes, Menomonees, Stockbridges, Oneidas, etc. In the report for 1865, one cannot but notice with some regret the absence of all allusion, except to small-pox, to the diseases of the Indians. Regret, because reliable information of such diseases serves a variety of valuable purposes, for comparison, confirmation, etc., of those of the white population. For these reasons, if for none other, it is to be hoped that the attention of the proper authorities will be called to this feature of such reports. The first reliable report on the diseases of the people (as distinguished from the Indians) of Wisconsin to which we have had access, is Lawson's Army Report of Registered Diseases, for 10 years, commencing 1829, and ending 1838 (ten years before the admission of Wisconsin into the Union as a state). FORT HOWARD, GREEN BAY. Intermittent fever. 30 Remittent do 11 Synochal do 4 Typhus do Diseases of respiratory organs ,101 Diseases of digestive organs 184 Diseases of brain and nervous system 9 Dropsies __ i Rheumatic affections 61 This abstract exhibits the second quar- ters only, the mean strength being 1,702. All other diseases 114, excepting vene- real diseases^ abcesses, wounds, ul- cers, injuries, and ebriety cases. Under the class of diseases of the respiratory organs, are comprised 384 catarrh, 6 pneu- monia, 60 pleuritis, and 28 phthisis pulmonalis; under the class of digestive organs, 376 diar- rhoea and dysentery, 184 colic and cholera, and 10 hepatitis ; under the class of diseases of the brain and nervous system, 15 epilepsy, etc. The deaths from all causes, according to the post returns, are 25, being i J^ per cent, per annum. The annual rate of intermittent cases is 6, and that of remittent is 3, per 100 of mean strength. Table of Ratio of Sickness at Fort Howard. Seasons. mean strength. NUMBER TREATED. RATE PER 1,000 OF MEAN STRENGTH TREATED QUARTERLY. 1,764 1,702 1.526 1,594 726 1.073 636 ' 405 425 399 10 second " 9 third " 10 fourth " Annual rate _.. 1.647 3,150 1.913 240 HISTOEY OF WISCONSIN Every man has consequently, on an average, been reported sick about once in every six months, showing this region to be extraordinarily salubrious. The annual ratio of mortality, according to the medical reports, is yV per cent. ; and of the adjutant-general's returns, lA- per cent. FORT WINNEBAGO. Intermittent fever 21 Remittent fever lo Synochal fever _ I Typhus fever — Diseases of the respiratory organs 141 Diseases of digestive organs. 90 Diseases of brain and nervous system.. 2 Rheumatic affections 26 This abstract exhibits the fourth quarters only, the mean strength being 1,571. All other diseases, 80, with the exceptions as above. Under the class of diseases of the respiratory, organs are comprised 448 catarrh, 11 pneu- monia, 29 pleuritis and 10 phthisis pulmonalis ; under the head of digestive organs, 193 diarrhoea and dysentery, 149 colic and cholera, and 17 hepatitis; under the class of brain and nervous system, i epilepsy. The total number of deaths, according to the post returns, is' 20. Of these> 3 are from phthisis pulmonalis, i pleuritis, 2 chronic hepatitis, i gastric ehteritis, i splenitis, etc. TABLE OF RATIO OF SICKNESS AT FORT WINNEBAGO. Seasons. MEAN STRENGTH. NUMBER TREATED. RATE PER 1,000 OF MEAN STRENGTH TE,EATED QUARTERLY. 10 .irst quarters ._ _ - 1.535 1.505 1.527- I.57I 552 517 581 495 360 343 380 315 10 second " _. . _ 10 third *' ._,.., 10 fourth " • 1.534 2,145 1.398 Every man on an average is consequently reported sick once in eight months and a half. FORT CRAWFORD. Intermittent fever 262 Remittent fever 6l Synochal fever — Typhus fever — Diseases of respiratory organs 177 Diseases of digestive organs 722 Diseases of brain and nervous system 16 Rheumatic affections 58 This abstract exhibits the third quarters only, the mean strength being 1,885. All other diseases, 309, with the same list of exceptions as above. Under the class of diseases of the respiratory organs are included 1,048 of catarrh, 28 pneu- monia, 75 pleuritis and 13 phthisis pulmonalis; under the head of digestive organs, 933 diarrhoea and dysentery, and 195 colic and cholera; undei: the head of brain and nervous diseases, 7 epilepsy, etc. The total of deaths, according to the post returns, is 94, the annual ratio being 2tV psr cent. The causes of death are : 6 phthisis pulmonalis, 6 epidemic cholera, i common cholera, 4 remittent fever, 3 dysentery, etc. In the third quarter of 1830 there were 154 cases of fever, while the same quarter of 1836, with a greater strength, affords but one case, the difference seeming to depend upon the temperature. HEALTH or WISCONSIN, 241 The relative agency of the seasons in the production of disease in general is shown in the annexed table : TABLE EXHIBITING THE RATIO OF SICKNESS. Seasons. MEAN STRENGTH. NUMBER TREATED. RATIO PER 1,000 OF MEAN STRENGTH TREATED QUARTERLY. Q first quarters i,66o i>749 1,885 1,878 987 1,267 1,948 1,270 595 724 lo third " - 1,033 676 Annual ratio- 1.793 S472 3,052 Consequently every man on an average has been reported sick once in nearly every four months. But high as this ratio of sickness is, at this fort, and, indeed, at the others, it is low considering the topographical surroundings of the posts. But besides these injurious topograph- ical and other influences already alluded to, there were still other elements of mischief among the men at these stations, such as " bad bread and bad whisky," and salt meat, a dietary table giving rise,, if not to "land-scurvy," as was the case at the posts lower down in the Mississippi valley (more fatal than either small-pox or cholera), at least to its concomitant diseases. The reason for using these early data of the United States Army medical reports in pref- erence to later ones is, that even though the later ones may be somewhat more correct in certain particulars, the former serve to establish, as it were, a connecting link (though a long one) between the historical sketch of the diseases of the Indian and those of the white settler ; and again — these posts being no longer occupied — no further data are obtainable. To continue this historical account of the diseases of Wisconsin, we must now nave recourse to the state institutions. The Institution for the Education of the Blind. The first charitable institution established by the state was formally opened in 1850, at Janesville. The census of 1875 showed that there were 493.blind persons in the state, those o£ school age — that is — under 20 years of age, probably amounting to 125. The number of pupils in the institution that year, 82 ; the average for the past ten years being 68. If the health report of the institution is any indication of the salubrity of its location, then, indeed, is Janes- ville in this respect an enviable city. Its report for 1876 gives one death from consumption, and a number of cases of whooping-cough, all recovered. In 1875, ten cases of mild scarlet fever, recovered. One severe and two mild cases of typhoid fever, recovered. For 1873, no sick list. For 1872, the mumps went through the school. For 1871, health of the school reasonably good ; few cases of severe illness have occurred. The Institute for the Deaf and Dumb. This was organized in June, 1852, at Delavan. The whole number of deaf and dumb per- sons in the state, as shown by the census of 1875, was 720. The report for 1866 gives the number of pupils as 156. Little sickness, a few cases of sore throat, and slight bowel aifections comprise nearly all the ailments; and the physician's report adds: "The sanitary reports of the institution from its earliest history to the present date has been a guarantee of the healthiness of the location. Having gone carefully over the most reliable tabulated statements of deaf-mutism, its parent- 242 HISTORY or WISCONSIN. age, its home, its causes, and its origin, we would most earnestly call the attention of the public to the fact that the chief cause comes under the head of congenital, 75 of the 150 pupils in this institution having this origin. Such a fearful proportion as this must of necessity have its origin in a cause or causes proportiona^tely fearful. Nor, fortunately, is the causation a mystery, since most careful examination leaves not a shadow of doubt that consanguineous marriages are the sources of this great evil. Without occupying further space by illustrative tables and arguments, we would simply direct the attention of our legislators and thoughtful men to the law of this dis- ease — which is, that the number of deaf and dumb, imbeciles, and idiots is in direct keeping with the degree of consanguinity. With such a law and exhibit before us, would not a legislative inquiry into the subject, with the view of adopting preventive means, be a wise step.' The evil is fear- ful ; the cause is plain; so, too, is the r.emedy." Industrial School for Boys. This institution is situated on the banks of the Fox river, at Waukesha, and was organized in i860. The whole number of the inmates since it was opened in July, i860, to October io> 1876, was 1,291. The whole number of inmates for 1876 was 415. Of these, since the period of opening up to date, October, 1876, 25 have died: 8, of typhoid fever ; i, of typhoid erysipelas ; I, of gastric fever; 3, of brain fever; i, nervous fever; 2, congestion of the lungs; 2, congestive chills; 5, of consumption ; i of dropsy; and i of inflammatory rheumatism. The State Prison. This was located at Waupun in July, 1857. On September 30, 1876, there were 266 inmates. But one death from natural causes occurred during the year. The health of the prisoners has been unusually good, the prevalent affections attendant upon the seasons, of a mild and manageable character. State Hospital for the Insane. This institution, located near Madison, was opened for patients in July, i860. The total number of admissions down to the year 1877, was 1,227 males, 1,122 females, total 2,349. Over one half of these have been improved ; nearly one third recovered ; while less than one quarter have been discharged unimproved. Total number of deaths, 288. At the commencement of the year, October i, 1875, there were in the hospital 376 patients. In the report for the year ending September 30, 1876, we find the past year has been one 'of unusual health in the hospital. No serious epidemic has prevailed, although 20 deaths have been reported, 7 fatally ill before admis- sion, 4 worn-out cases, etc. Insanity, coming as it does, under this head of an article on State Health, is of the highest interest from a state point of view, not only because so much'may be done to remedy it, but that still more can and ought to be done by the state to prevent it. Our insane amount to i in 700 of the whole population, the total number in hospitals, poor-houses and prisons being in round numbers 1,400. It is a striking fact, calling for our earnest consideration, that the Germans, Irish and Scandinavians import and transmit more insanity -^ three to one — than the American-born population produce. The, causes assigned for this disparity, are, as affecting importation, that those in whom there is an hereditary tendency to disease constitute the migratory class, for the reason that those who are sound and in the full possession of their powers are most apt to contend successfully in the struggle to live and maintain their position at home; while those who are most unsound and unequal to life's contests are unable to migrate. In other words, the strongest will not leave, the weakest can not leave. By this, the character of the migratory is defined. As affects transmission, JDOverty is a most fruitful parent of insanity, so too is poor land. Says Dr. Boughton, superintendent of the Wisconsin State Hospital for the Insane; HEAI.TH OF WISCONSIN 243 Wisconsin is characterized by a large poor class, especially in the northern part of the state, where people without means have settled on new and poorly paying farms, where their life is made up of hard work, exposure to a severe climate, bad and insufficient diet, cheerless homes, etc., etc. These causes are prolific in the production of insanity. It is easy, therefore, to trace the causes that give us so large a per cent, of insane in many of the counties of the state. Nor is it of less interest to know, as Dr. B. adds : We draw our patients from those families where phthisis pulmonalis, rheumatism and insanity prevail. Insanity and rheumatism are interchange- able in hereditary cases, so too are insanity and phithisis. What may be accomplished by intel- ligent efforts to stem the increase of insanity in our state ? Much. Early treatment is one means, this is of course curative in its character. And its necessity and advantage are well illustrated in table No. lo of the annual report of Dr. Boughton, for 1876, where it is seen that 45.33 of males, and 44.59 of the females who had been sent to the State Hospital having been insane but three months before admission, were cured, the proportion of cures becoming less in proportion to the longer duration of insanity before admission. As a preventive means, the dissemination of the kind of knowledge that shows indisputably that insanity is largely hereditary, and conse- quently that intermarriage with families so tainted should on the one hand be avoided by the citizen, and on the other hand, perhaps, prevented by the state, (congress at the same time restraining or preventing as far as possible persons so tainted from settling in this country.) By the state, inasmuch as the great burthen of caring for the insane falls upon the state. Still other preventive means are found in the improved cultivation of our lands and in our improved education; in fact, in whatever lessens the trials of the poor and lifts them out of ignorance and pauperism. It is only by culture, says Hufeland, that man acquires perfection, morally, mentally and physically. His whole organization is so ordered that he may either become nothing or anything, hyperculture and the want of cultivation being alike destructive. The Northern Hospital for the Insane. This hospital was opened at Oshkosh, May, 1873. The total number under treatment September 30, 1876 was — males 246, females 257, total 503. No ailment of an epidemic charac- ter has affected the health of the household, which has been generally good. The report of Dr. Kempster is full of suggestive matter for the legislator and sociologist. City of Milwaukee. Still adhering to the plan, in writing the sanitary history of the state, of gathering up all the health statistics which properly belong to us, we now take up those of Milwaukee, the only city in Wisconsin, so far as we know, that has kept up a system of statistics of its diseases. The city is built on each side of the mouth of Milwaukee river, on the west shore of Lake Michi- gan inlat. 43° 3' 4s" N., long. 87" 57' W., and is considered remarkable for its healthy climate. The board of health has furnished us with its report for 1870 and downward. The character of its mortality from June 19, 1869, to March 31, 1870, is thus summarized : In children under five years of age, 758 out of 1,249 deaths, consumption, 93; convulsions, 128; cholera infantum, 59; diarrhoea, 128; scarlet fever, 132; typhoid fever, 52 ; inflammation of the lungs, 41 ; still- born, 79. This disproportionate number of still-born children is attributed in part to a laxity of morals. The deaths from consumption in Milwaukee are 71^ out of every 100, one third less out of a like number of deaths than in San Francisco, in which city, in 4,000 deaths, 441 died of con- sumption, being 11 out of every 100 deaths for the year ending July, 1869. The deaths for 1870 numbered 1,655, the population being at the last census report, 71,636. 244 HISTORY OF WISCONSIN". Table of Principal Causes. Consumption 143 Inflammation of lungs 56 Convulsions 259 DiarrhcEa 131 Diptheria 74 Scarlet fever 52 Typhoid fever. 49 Old age _ 28 Still.bom 123 The Milwaukee population being about 72,000, the death rate per annum for every 1,000 inhabitants would be 21, after proper deductions of deaths from other causes than from disease, showing very favorably as compared with other cities. Glasgow has 39 to every 1,000; Liverpool, 56; London, 25 ; New Orleans, 54; New York, 32 ; San Francisco, 24; Milwaukee, 21. Among seventeen of the principal cities of the Union, Milwaukee ranks the ninth in rate of mortality. An impression has prevailed that Milwaukee is subject to a large and disproportionate amount of lung and allied diseases. Statistics disprove this, its deaths from consumption being only 6 percent., while those of Chicago are 7.75 ; of St. Louis, 9.68; of Cincinnati, 11.95; and of Boston, 19.31. But few cases of malarial disease occur in Milwaukee, and fewer cases of intestinal fever than in the interior of the state. The mortality among children is explained by its occurring chiefly among the poor foreign-born population, where all that can incite and aggravate disease is always to be found. This, (the historical part of the health article), will doubtless call forth from the profession much additional and desirable matter, but excepting what will further appear under the head of Madison it is proper to say that we have exhausted the sources of information on the subject within our reach. Health Resorts. Next in order would seem to come some notice of the summer and health resorts of Wiscon- sin, which, significant of the salubrity of the state, are not only becoming more numerous, but also more frequented from year to year. Madison, the capital of the state, with a population of 11,000, is built on an isthmus between two considerable lakes, from 70 to 125 feet above their level; 80 miles wpst of Milwaukee, in latitude 43° 5' north, and longitude 89° 20' west, in the northern temperate region. The lake basins, and also the neck of land between them, have a linear arrangement, trending northeast and southwest. The same linear topography characterises the whole adjacent country and the boun- dary lines of its various geological formations, this striking feature being due to the former move- ment , of glacier ice over the face of the country. At two points, one mile apart, the Capitol and University hills, respectively 348 and 370 feet above the level of Lake Michigan, rise prominently above the rest of the isthmus. Both of these hills are heaps of drift material from 100 to 126 feet thickness, according to the record of the artesian well. The neck of land on which Madison stands is of the same material. The same boring discloses to us the underlying rock structure, pene- trating 614 feet of friable quartzose sandstone belonging to the Potsdam series, ioj4 feet of red shale belonging to the same series, and 209 j^ feet of crystalline rocks belonging to the Archaean. In the country immediately around Madison, the altitude is generally considerably greater, and the higher grounds are occupied by various strata, nearly horizontal, of sandstone and limestone. The Potsdam sandstone rises about 30 feet above the level of Lake Mendota, on its northern shore, where at McBride's Point it may be seen overlaid by the next and hitherto unrecognized layer, one of more or less impure, dark-colored, magnesian limestone, to which the name of Men- dota is assigned, and which furnishes a good building stone. The descent of these strata is about HEALTH OF AVISCONSIX. 245 9 feet to the mile in a due southerly direction. Overlying the Mendota beds are again sandstone layers, the uppermost portions of which are occasionally charged with lo to 20 per cent, of calca- reous and dolomitic matter, and then furnish a cream-colored building stone of considerable value. Most of this stratum which has been designated as the Madison sandstone, is, however, quite non-calcareous, being either a ferruginous brown stone, or a quite pure, white, nearly loose sand. In the latter phase it is of value for the manufacture of glass. In a number of quarries, cuttings and exposed places around the city, the Madison beds are seen to be overlaid by a gray- ish, magnesian limestone, the lower magnesian, varying very considerably in its character, but largely composed of a flinty-textured, heavy-bedded, quite pure dolomite, which is burnt into a good quality of lime. Its thickness exceeds 80 feet. Madison, with the conveniences and com- forts of a capital city, from its easy access by railroads, from not only in itself being beautiful, but from its beautiful surroundings, from its good society, charming climate, and artesian mineral water, is naturally a great summer resort. Though there are no vital statistics of the city to refer to, a residence of nearly a quarter of a century has made us sufficiently acquainted with its sanitary history, which is more or less the sanitary history of this part of the state, and in a measure of the state itself. In 1844 and 1845, it was visited by an epidemic malarial fever of a bilious type, and not unfrequently fatal, which passed very generally through the state, and was attributed to the turning up of the soil. It was most virulent in the autumns". Again in 1854 it was visited by a light choleraic epidemic, which also swept the state, assuming very generally a particularly mild type. Again in 1S57 it suffered lightly from the epidemic dysentery, which passed through the state. In 1865, it suffered from a visitation of diptheria, the disease prevailing generally over the state at that time. It has also had two visitations of the epidemic grip {grippe), or influenza. The last invasion, some five years since, commencing in a manner perhaps worthy of noting, by first affecting the horses very generally, and again, by beginning on the east side of the city, while the other epidemics for the past twenty-five years (unless the choleraic visitation was an exception) came in on the south- west side of the city, as has been the case, so far as we have been able to observe with the light epidemics to which children are subject. But little typhoid fever is found here, and the aguish fevers when they occur are light and easy of control. There is but little diarrhoea or dysen- tery. Pneumonia and its allied affections are more common, so is rheumatism, and so neuralgia. Inflammatory croup, however, is very rare, sporadic diptheria seeming to be taking its place. All the ordinary eruptive fevers of children are and always have been of a peculiarly mild type. Prairie du Chien, situated immediately at the junction of the Wisconsin with the Mississippi, is built about 70 feet above low water, and 642 feet above the level of the sea. The cliffs on both sides of the river present on their summits the lower strata of the blue Silurian limestone of Cincinnati, beneath which are found sandstone and magnesian limestone down to the water's edge. We give this notice of Prairie du Chien for the purpose of bringing to the knowledge of the public that it possesses one of the most superb artesian wells in the state, which is attracting many persons by its remedial mineral properties. Green Bay sanitarily may be considered as sufficiently indicated under the head of Fort Howard. It is, however, proper to add that from its geographical position and beautiful situa- tion at the head of the bay, its easy access both by railroad and steamboat, its pleasant days and cool summer nights, it has naturally become quite a popular summer resort, particularly for southern people. Racine, some 25 miles south by east by rail from Milwaukee and 62 by rail from Chicago, is built upon the banks and some 40 feet above the level of the lake. Its soil is a sandy loam and 246 HISTOEY OF WISCONSIN", gravel, consequently it has a dry, healthy surface, and is much frequented in the summer for its coolness and salubrity. Waukesha, i8 miles west of Milwaukee by railroad, is a healthy, pleasant place of resort at all times on account of its mineral water, so well known and so highly appreciated throughout the country. Oconomowoc, 32 miles by railroad west by north of Milwaukee, is a healthy and de- lightfully located resort for the summer. Its many lakes and drives form its chief attractions and though its accommodations were considered ample, during the past summer they werefound totally inadequate to meet the demands of its numerous visitors. The Dalles, at Kilbourn City, by rail 16 miles from Portage, is unsurpassed in the northwest for the novelty, romantic character, and striking beauty of its rock and river scenery. It is high and dry ; has pure water and fine air, and every-day boat and drive views enough to fill up a month pleasantly. Lake Geneva, 70 miles by rail from Chicago, is built on the north side of the lake, is justly celebrated for its beauty, and its reputation as a summer resort is growing. Green Lake, six miles west of Ripon, and 89 northwest from Milwaukee, is some 15 miles long and three broad, surrounded by beautiful groves and prairies ; and is claimed to be one of the healthiest little places on the continent. Devil's Lake is 36 miles by rail north of Madison. Of all the romantic little spots in Wis- consin, and they are innumerable, there is none more romantic or worthy of a summer visitor's admiration than this. It is, though shut in from the rude world by bluffs 500 feet high, a very favorite resort, and should be especially so for those who seek quiet, and rest, and health. Sparta, 246 miles by rail from Chicago, is pleasantly and healthily situated, and its artesian mineral water strongly impi'egnated with carbonate of iron, having, it is said, over 14 grains in solution to the imperial gallon, an unusually large proportion, attracts its annual summer crowd. Sheboygan, 62 miles by rail north of Milwaukee, from its handsome position on a bluff over- looking the lake, and from the beauty of its surroundings as well as from the character of its mineral waters, is an attractive summer resort. Elkhart Lake, 57 miles by rail north of Milwaukee, is rapidly acquiring a good name from those seeking health or pleasure. Change in Diseases. In order to ascertain whether the classes of diseases in the state at the date of Carver's travels are the same which prevail to-day, we have compared his description of them with those tabulated in the army medical reports of Forts Howard, Crawford and Winnebago, and again with those given in the U. S. Census for 1870, and with the medical statistics of the city of Milwaukee. The three distinct and prominent classes prevailing from Carver's to the present time, are, in the order of prevalence, diseases of the respiratory organs, consumption, pneumonia, bronchitis, etc.; diseases of the digestive organs, enteritis, dysentery, diarrhoea, etc.; and the malarial fevers. At Fort Howard alone do the diseases of the digestive organs seem to have outnumbered those of the respiratory organs. So far as it is possible to gather from the reports of the commissioners of Indian affairs, these features of the relative prevalence of the three classes of disease are not disturbed. There are, however, some disturbing or qualifying agencies operating and affecting the amount or distribution of these classes in different areas or belts. For instance, there are two HEALTH OF WISCONSIN'. 247 irregular areas in the state; the one extending from the Mississippi east and north, and the other starting almost as low down as Madison, and running up as far as Green Bay, which are more subject to malarial diseases than are the other parts of the state. While it is found that those parts of the state least subject to diseases of the digestive organs are, a belt along the western shore of Lake Michigan, and a belt running from near Prairie du Chien north into the pineries. Again, it is found that the part of the state most subjec^ to enteric, cerebro-spinal and typhus fevers, is quite a narrow belt running north from the southern border line into the center of the state, or about two-thirds of the distance toward the pineries. All along the western shore of Lake Michigan, and stretching across the country by way of Fond du Lac to the Mississippi, is a belt much less subject to these disorders. It is equally beyond question that the western shore of Lake Michigan, and the southern shore of Lake Superior, as well as the western half of the southern boundary line of the pineries, are less affected with consumption than the interior parts of the state. The tendency of these diseases is certainly to amelioration. The sanitary history of Wiscon- sin does not differ from that of any other state east of us, in this striking particular ; the farther you trace back the history of disease, the worse its type is found to be. It follows, then, that the improvement in public health must progress with the general improvement of the state, as has been the case with the eastern states, and that the consequent amelioration of our malarial diseases especially will tend to mitigate infectious diseases. The ameliorating influences, how- ever, that sanitary science has brought to bear upon disease, of which England is so happy an illustration, has scarcely as yet begun to be known to us. But the time has come at last when this science is moving both the hearts and minds of thinking and humane men in the state, and its voice has been heard in our legislative halls, evoking a law by which we are, as a people, to be governed, as by any other enactment. The organization of a state board of health is a new era in our humanity. In this board is invested all legal power over the state health. To it is com- mitted all the sanitary responsibility of the state, and the greatest good to the people at large must follow the efforts it is making. There are many other points of sanitary interest to which it is desirable to call the attention of those interested in Wisconsin. It is a popular truth that a dry climate, all other things being equal, is a healthy climate. Our hygrometrical records show Wisconsin to have one of the driest ^climates in the United States. Choleraic diseases rarely prevail unless in a comparatively stagnant state of the atmosphere, where they are most fatal. Where high winds prevail such diseases are rare. The winds in Wisconsin, while proverbially high and frequent (carrying away and dissipating malarial emanations), are not destructive to life or property, as is the case, by their violence, in some of the adjoining states. A moist, warm atmosphere is always provocative of disease. Such a state of atmosphere is rare with us, and still more rarely continuous beyond a day or two. Moist air is the medium of malarial poisoning, holding as it does in solution gases and poisonous exhalations. Its character is readily illustrated by the peculiar smell of some marsh lands on autumnal evenings. Such a state of moisture is seen only in our lowest shut-in marshes (where there is but little or no air-current), and then only for a very limited period, in very hot weather. But too much importance is attached by the public to a simply dry atmosphere for respira- tory diseases. The same mistake is made with regard to the good effects in such disorders of simply high elevations. Dry air in itself or a high elevation in itself, or both combined, are not necessarily favorable to health, or curative of disease. In the light and rare atmosphere of Pike's Peak, an elevation of 6,000 feet, the pulse is accelerated, the amount of sleep is dimin- ished, and the human machine is put under a high-pressure rate of living, conducive only to its 248 •HISTOllY OF WISCONSIN. injury. The average rate of tlie pulse in healthy visitors is from 115 to no per minute (the normal rate, in moderate elevations, being about 75). And where there is any organic affection of the heart, or tendency to bleeding from the lungs, it is just this very dry atmosphere and high elevation that make these remedies (?) destructive. Hence it is that Wisconsin, for the generality of lung diseases, especially when accompanied with hemorrhage, or with heart disease, is prefer- able to Colorado. It may be objected, that the diseases of the respiratory organs are in excess of other diseases in Wisconsin. This feature, however, is not confined to the cold belt of our temperate latitudes — -our proportion of respiratory diseases, be it noted, comparing most favor- ably with that of other states, as may be seen in the following table: Climatological Distribution of Pulmonary Diseases. Deaths by Phthisis. Per cent, of entire Mortality. Deaths by all diseases of Res- piratory Organs. Per cent. of entire Mortality. Massachusetts, 1850, U. S. Census Ohio, 1849-50, U. S. Census Michigan, 1850, U. S. Census Illinois, 1849-50, U. S. Census Wisconsin, 1849—50, U. S. Census 3.426 17.65 2,558 8.83 657 14-55 866 7.36 290 9.99 4,418 3,988 1,084 1,799 535 22.27 13-77 24.00 15.00 18.43 Now, while the mortuary statistics of the United States census for 1850 are acknowledged to be imperfect, they are, nevertheless, undoubtedly correct as to the causes of mortality. But besides this statistical evidence of the climatological causes of disease, there are certain relative general, if not special, truths which serve to guide us in our estimate. Respiratory diseases of all kinds increase in proportion as the temperature decreases, the humidity of the air being the same. Another equally certain element in the production of this class of diseases is variableness of climate. Still, this feature of our climate is only an element in causation, and affects us, as we shall see in the table below, very little as compared with other states. Indeed, it is still disputed whether there is not more consumption in tropical climates than in temperate climates. This much is admitted, however, that consumption is rare in the arctic regions. Dr. Terry says the annual ratio of pulmonary diseases is lower in the northern than in the southern regions of the United States, and Dr. Drake, an equally eminent authority, recoriimends those suffering from or threatened with pulmonary affections, to retreat to the colder districts of the country, citing among others localities near Lake Superior — a recommendation which our experience of nearly half a century endorses. Proportion of Pne^umonia to Consumption in the Different States. STATES. CONS. PNEUM. STATES. CONS. PNEUM. Massachusetts Ohio Illinois 3.424 2,558 866 549 895 647 North Carolina Kentucky.. ,, Wisconsin .562 1,288 290 664 429 194 When we compare the general death-rate of Wisconsin with that of the other states of the Union, we find that it compares most favorably with that of Vermont, the healthiest of the New England states. The United States census of 1850, i860 and 1870, gives Wisconsin 94 deaths to 10,000 of the population, while it gives Vermont loi to every 10,000 of her inhabitants'.' The STATISTICS OF WISCONSIN. 249 census of 1870 shows that the death-rate from consumption in Minnesota, Iowa, California and Wis- consin are alike. These four states show the lowest death-rate among the states from consumption, the mortality being 13 to 14 per cent, of the whole death-rate. Climatologically considered, then, there is not a more healthy state in the Union than the state of Wisconsin. But for health purposes something more is requisite than climate. Climate and soil must be equally good. Men should shun the soil, no matter how rich it be, if the climate is inimical to health, and rather choose the climate that is salubrious, even if the soil is not so rich. In Wisconsin, generally speaking, the soil and climate are equally conducive to health, and alike good for agricultural purposes. STATISTICS OF WISCONSIN. 1875. ADAMS COUNTY. POPULATIOir. Towns, OlTlBS AlfD White. Colored s 1 S 1 1 s 1 Adams 200 164 in S04 240 163 444 74 \fl III 601 127 1|8 IB 1 115 "2' "i' 898 Big Plato 164 Dell Prairie 465 817 Jackson 461 Leola 217 Lincoln Monroe NewChester 897 847 136 Onincv 244 filchfleW 220 Borne 880 371 Stronff's Prairie 984 White Creek 242 Total 8,451* 3,045 2 4 6,602 ASHLAND COUNTY. Ashland 268 141 180 141 448 Xa Polnte 282 Total 409 321 730 BAYFIELD COUNTY. Sayfield. 538 493 1 1,038 BARRON COUNTY. POPULATION. Towns, Cxties and White. Colored £ 1 6 < 343 459 lit 214 122 240 if! 1. 186 ■r- 628 Ghetac 396 Dallas , 426 2,068 1,669 8,787 BROWN COUNTY. 210 18 943 1,889 591 8,966 li 519 499 1,222 176 ill i,?i! 642 705 408 ii in 372 696 452 1,058 "s "5' 29 "i' "a" "6' '25 385 279 711 768 Depere Village , 1,911 499 3.610 078 , 37 23 ,'89 is 66 1 nq 1 98 1! 45 19 'flOfi 1,470 929 West Depere village WrlglitBtown 1,923 2,295 Total 18,376 16,899 53 45 85,373 250 HISTORY or WISCONSIN. BURNETT COUNTY. POPULATION. TOWHS, OITIBS AND White. Colored s ViLLAGBS. » 1 i ■s 1 1 483 231 87 379 191 82 11 5 13 4 7 14 887 434 Wood Lake .' 195 Total 751 652 28 25 1,456 BUFFALO COUNTY. 296 34 ni 376 277 413 215 402 341 717 899 S52 466 500 lit 279 137 336 321 282 227 240 212 383 306 501 421 494 2 3 550 637 586 712 Cross 690 574 504 785 648 Manville 515 I iton 427 785 647 1,388 1,563 1,053 886 Fountain City Tillage 994 Xotal 7,517 6,702 2 3 14,219 CAIiUMET COUNTY. CLARK COUNTY. Brotliertown 864 666 1,061 668 1,008 1,016 837 tl°0 809 507 1,000 i?i 949 III 639 12 16 3 1 iei 7 'iii' 4 156 1,692 ' 1,173 Ohilton 2,093 1,267 1884 1,965 1,590 2,092 Woodville 1,329 Total 7,720 6,989 193 183 15,085 106 303 183 353 2^1 262 84 161 347 137 789 36 132 132 186 226 70 171 91 210 142 47 310 43 123 237 71 113 1? 120 107 121 153 68 135 '.'.'.'. 197 326 l04 663 101 Hixon 328 499 6^4 260 Pine Valley 1,535 352 Unity 239 York QAU 3,988 3,294 7,383 CBIPPEWA COUNTY. POPtJLATIOjr. Towns, Cities amd White. Colored 3 a S 1 1 654 3,288 iMl 1,046 346 442 269 420 606 1,755 288 1,074 638 252 368 "6 "s" ■4' 630 OOR 1,260 Chippewa Falls city 5;050 2,434 11688 Sieel.. 810 Total 8,312 5,670 6 7 13,999 COLUMBIA COUNTY. Arlington 513 in 912 370" 749 515 596 541 705 449 444 853 769 130 2,164 630 409 423 486 580 33 497 584 400 tlk 618 361 712 497 506 505 743 ill 862 m 374 347 442 540 34 ■4" 3 ■7' '.'.'.'. \-z 881 Oolum bus city 1,908 1309 1,280 1,461 1,018 Leeds 103 ,046 ,448 886 858 1,721 1,496 249 4,337 1,186 783 770 928 1,120 Westw. Vil. of Randolph.. 67 Total 14,710 14,069 15 9 28,803 CRAWFORD COUNTY. 177 755 798 313 498 394 411 439 404 184 485 704 III 186 765 688 258 326 352 til ii? 511 "4 "2 12 "i' "i' '5' 363 1,616 1,443 1,664 902 Prairie du Chien town Prairie du Chien city- 720 763 964 953 Fourth ward . - 1,391 1,470 1,094 Total 7,769 7,276 18 11 15,035 Superior , DOUGLAS COUNTY. 386 I .346 3 6 741 STATISTICS OF WISCONSIN. 251 DOOK COUNTY. POPULATION. Towns, Cities ahd White. Colored S a 1^ 1 C3 1 1 210 S59 344 244 III 394 2«6 268 290 i 211 259 111 181 — 396 675 aay Banks 623 ForestviUe 802 Gardner 414 702 Jacksonport ^. 273 678 418 Sevastopol 479 549 Sturgeon Bay village 530 401 Total 4,343 3,677 8,020 DUNN COUNTY. 578 577 261 490 239 1,959 130 130 349 337 156 379 628 III 128 212 170 458 490 231 463 l.ii? 124 115 146 308 548 229 263 188 348 1,036 1,067 492 954 "5" T r .... "i' "2' Eau Galle Elk Moimd 3,433 Pew 245 662 Sheridan 302 687 1,176 663 Tiffany Weston 400 7,394 6,021 7 5 13,427 DODGE COUNTY. Ashippun Beaver Dam town Beaver Dam city Burnett Calamus Chester Clyman Efta Emmet Fox Lake town Fox Lake village Herman Hubbard Horlcon vlUaee Hustlsford..... Juneau village Lebanon LeBoy Lomlra Lowell Mayvllle village '..'..'. Oak Grove Portland Kublcon W', Bandolph village, E. ward Shields ".... Theresa Trenton Westford Wllllamstown Watertown city, 5 4 6 w'ds Waupun village, Ist-ward,. Total 742 794 1,656 567 593 451 694 701 784 471 451 985 1,143 591 907 156 833 832 1,014 1,318 532 1,006 668 956 149 559 1,072 956 586 615 1,435 628 24,785 700 707 1,795 524 519 403 636 701 633 381 608 911 1,097 599 841 154 804 759 929 1,245 537 951 653 912 168 506 1,026 806 558 618 1,520 441 83,541 35 1,443 1,501 3,455 1,091 1,112 854 1,330 1,402 1,356 853 1,012 1,896 2,240 1,190 1,748 310 1,637 1,597 1,943 2,568 1,069 1,958 1,321 1,868 318 1,065 2,098 1,762 1,145 1,233 2,955 1,070 DANE COUNTY, 48,394 FOPULATION. Towns. Cities awd White. Colored 0) oi a S 6 1^ 1 Albion 451 555 659 579 575 iia 493 677 586 576 419 4,868 813 726 866 540 655 530 ti§ 592 553 622 728 586 547 646 562 813 629 518 582 446 474 531 568 B46 It§ III 687 675 361 giJ 444 448 1:87 559 504 495 664 622 i 491 555 484 "i" ■4' 41 3 '2" 1 ■"1 1 "i' 1 "4" 20 1 '?' "1" 1,261 1,135 i.eis 1 090 1,137 1,121 1,593 1,130 1,430 1,168 906 1,253 1,173 1,051 788 10,093 1,63.') 1,417 1.718 1,079 1,359 974 919 1,067 1,161 1,057 1,018 1,392 1,207 1,086 1,039 1,118 1,621 1,191 1,003 Berry Black Earth Blooming Grove BlueMounds Bristol Burke Christiana Crossriains Dunkirk Fitcbhurg Middleton Springfield Sun Prairie Vienna York Total 26,894 25,814 60 30 58,798 FON DU I.AC COUJS^TY. Asbford Auburn Alto Byron Calumet Eden Empire Eldorado FondduLac Forest Friendship Fond du Lac city- First ward Second ward Third ward Fourth ward Fifth ward ^... Sixtb ward Seventb ward Eighth ward Lamartine Metomen Marsbfield Oakfield Osceola ilipon Bosendale Ripon city- First ward Second ward. Rprlngvale Taycbeedah Waupun Waupun village, N. ward Total 1,064 938 4 877 799 725 686 885 661 .... 723 649 763 713 687 490 7 5 840 747 768 676 1 793 686 582 . 524 1 1,109 1,175 5 11 1,156 1,248 3 2 1,085 1,804 3 3 1,374 1,398 1 1 594 663 739 727 K 7 656 659 WH '>.•! 726 763 «3 '^ 14 9 1,0 8 2,0 1 7 6 4 8 Total 7,632 i 7,642 9 6 15,274 IOWA COUNTY. Arena Clyde Dodgeville Hignlaud Linden.. Mifflin Mineral point Mineral Point city . Moscow Pulaslcl Eidgeway Walawick Wyoming Total 12, 1,004 390 1,854 1,565, 1,078^ 818 806 i 1,458 484 785 1,299 480 924 367 1,870 1,459 972 705 715 1,581 443 712 1,174 434 3S8 11,714 26 9 2 .... 1 5 3 3 4 2 11 4 JACKSON COUNTY. Albion 1,428 549 714 613 128 448 565 1,334 620 429 467 5 1 2,768 1,319 1026 1,268 1,257 Manchester 423 1,159 Millston : Northfield 1038 6,039 5,294 5 1 11,339 JEFFERSON COUNTY • 669 770 Jli 665 920 f:?|| i .418 1,116 3,286 635 i|io 515 778 lit 489 3,283 6 3 1 21 "l" 4 8 3 6 "i' 13 1, 12 1 22 84 2, IS Jefferson'. ■ , .4f(^l 3 S66 Lake Mills....'....'.....; Ii'499 1,551 1,086 i:576 1,483 503 1,016 815 Watertown town Watertown city, Ist; 2d, 3d, 2,180 6,569 ' Total 17,702 17,137 40 29 34,908 _., ' . STATISTICS OF WISCONSIN". 253 JUNEAXT COUNTY. POPULATION. Towns, Cities ak-d V11J.AGKS. White. Colored dj 1 1 6 1 < Armeiifa 117 135 III , iii ' 556 274 259 III 1,001 558 i 510 774 119 115 843 322 249 519 510 240 224 160 569 II 690 377 460 719 T "2 l' r 1 236 250 740 712 Clearfield Fountain ". , . , KUdare .v;.*;.';;.;;"::: Iiemouweir ; Llndina 514 483 338 1,118 1,865 1,133 616 1,438 796 Zilsbon Marlon Necedah 7 New Lisbon village Orange Plymouth Wonewoc 1,495 Total 7,993 7,301 3 3 15,300 KENOSHA COUNTY. Brighton Bristol KenoBha city Paris Pleasant Prairie, Randall Soniers Salem Wbeatland Total 561 585 2,426 539 734 297 793 697 434 7,066 505 552 2,533 479 723 252 657 669 433 6,803 19 19 KEWAUNEE COUNTY. Alinapee town Aliuapee village Carlton " Casco Franklin Kewaunee town & village. Lincoln..., ^ Montpelier. i,. Pierce BedBlver .,,', Total 687 532 706 742 747 1,337 497 623 917 718 7,506 506 706 657 726 1,233 440 534 780 685 LA CROSSE COUNTY. Barre Bangor Burns Campbell Farmlngton ereenfleld Hamilton Holland. la Crosse city— First ward Second ward.... Third ward FonrfhwarU.... „ Fifth ward Onalaska town pnalaska village... Shelhy * Washington Total 12,268 366 667 516 528 919 426 863 461 1,131 725 1,784 596 1,195 712 848 604 485 375 940 380 839 402 1,205 640 1,916 753 982 666 287 355 423 11,590 37 1,066 1,137 4,959 1,018 1,457 549 1,460 1,366 867 13,907 1,319 1,038 1,412 1,399 1,473 2,570 937 1,157 1.697 1,403 14,405 714 1,271 991 906 1,862 806 1,703 863 2,392 1,373 3,711 1,354 2,182 1,378 680 837 23,946 LA FAYETTE COUNTY . POPULATIOlf. Towns, Cities akd White. Colored 1 ID 1 2 S 0) Argyle 583 660 886 1,330 610 602 866 1,253 654 231 665 935 111 1,|| 420 231 883 1,287 527 215 609 866 l' T "i" "i' "i" 1,164 1,251 1,681 629 2,671 933 ni '446 1,064 1,801 Benton Darlington Elk Grove . Fayette Gratiot. Kendall Monticello Seymour Shullsburg Wayne White Oak Springs Willow Springs..... . Wiota.........'.......: Total 11,388 10,781 2 4 22,169 lilNCOIiN COUNTY. Jenny . 523 872 MARQUETTE COUNTY. Buffalo Crystal Lake. . Douglas.. Harris Montello Mecan Moundvllle .. Newton Neskoro Oxford Packwaukee. . Shield SpringHeld.... WestSeld Total 4,490 384 381 260 459 356 219 331 277 274 343 343 163 338 370 330 338 271 425 852 179 338 263 268 326 307 146 304 4,207 MARATHON COUNTY. 895 732 714 719 531 884 708 530 542 669 650 309 642 8,697 Bergen Berlin Brighton Hun Knowlton. . . Maine Marathon... Moslnee Stettin Texas Wausau Wausau city Wein Weston Total... 109 60 539 359 373 298 135 129 414 361 232 236 307 238 479 430 159 119 439 385 1,560 1,260 110 114 263 215 1 5,524 4,686 1 159 1,124 582 671 264 765 467 646 909 278 824 2,820 224 479 10,111 •254 HISTOEY OF WISCONSIN. MANITOWOC COUNTY. POPULATIOH. Towns, Citikr and' White. Colored d Villages. aj i5 3 s 1 Cato 951 824 II 1,176 3,236 606 885 901 1,060 779 1,057 594 1,005 1,019 ill 955 780 883 791 887 875 1,084 692 Hn 767 853 1,014 644 1,016 549 953 932 857 313 1,906 Centerviile 1,604 1,714 Saton. 1,564 1,822 ti-lbson 1.809 Kossuth 2260 1,420 '.'.'.'. 5,724 1,234 1,652 1,764 2.074 1423 2 073 Rockland 1,143 Sohleswig 1,958 1,961 1,715 656 Two Creeks Total 19,535 18,921 1 38,456 MILWAUKEE COUNTY. Milwaukee city- 4,427 6,874 3,693 5.025 4,315 3.929 4;830 3,684 3.397 2.026 1,758 945 1,348 2,416 1,232 1,155 2,876 1,812 5,101 6,617 3,483 5,491 3,978 3,995 3,774 3,336 2,328 nil 1,988 1,694 878 1,299 1,815 1,199 1.051 2,370 1,755 1 I 7 ■■f 3 I 10 "2' 9,532 13,491 7,190 10.656 8,310 7 924 Sixth ward. . . Seventh ward 7;072 8,658 lenthward 7,161 6,647 Eleventh ward "2' 1 i' 1 Thirteenth ward Franklin 3;462 1 823 4,233 Granville 2,431 Oak Creek Lake 2,206 5 246 Milwaukee town 3 567 61,768 60.979 96 94 122,927 MONROE COUNTY, Adrian Angelo Byron Clifton Glendale.... Greenfield . . Jefferson. La Fayette.. La Grange... Leon Little Falls.. Lincoln New Lyme.. Oak Dale Portland,.... Ridgeville.. Sheldon SDarta Tomah Wellington.. Wilton Wells 373 308 274 256 193 138 408 381 706 591 387 328 507 459 234 206 422 396 404 338 333 277 462 38 81 370 32i 478 408 680 516 400 342 1,814 1,938 1,154 1,077 460 397 575 512 335 11,000 294 9,925 47 54 681 530 331 789 1,297 715 966 440 886 742 613 843 155 710 886 1,146 742 3,750 2,231 857 1,087 639 21,026 OCONTO COUNTY. Towns, Cities ajjd Villages. Gillett Little Suamico Maple Valley.. Marinette Oconto town... Oconto city Feshtigo Pensaukee Stiles Total. POPULATION. 196 551 152 1,446 563 2.371 1,495 744 7,786 179 361 108 1,086 453 2,086 1,022 537 185 6,017 OUTAGAMIE COUNTY. OZAUKEE COUNTY. Cedarhurg Belgium Fredonia Grafton Mequon Port Washington Saukville Total 1,376 1,048 992 910 1,617 1,497 1,081 1,268 1,009 924 844 1.532 1,481 979 "l" T 8,516 8,029 1 1 PIERCE COUNTY. 37S 912 260' 2,537 1,017 4,467 2,520' 1,281 13,812 3*307 489 538 546 836 238 536 lit 850 719 562 Mi 408 111 100 290 759 429 463 718 179 516 in 669 236 247 624 11 "i' "4" 9 "i' "i 6,730' 981 974 Black Creek 1,009 Center 1,559 417 1,052 "i' v 310 ,353 ,581 ,653 ;388 '917 '499^ 746 Maine 203 New London, 3d ward 200 1 1,384 Total 13,333 13,.il3 23 20 25,558 2,644 2,052 1,916 1,756 3,139 2,978 2.060 16,645 Clifton Diamond Bluff 388 307 645 880 628 124 556 644 484 585 968 430 403 513 297 326 324 350 554 ill 542 101 514 480 415 544 934 !t? 337 454 253 253 "i' 713 657 1,200 535 'S3 Hartland 1,170 235 1 070 Maiden Rock '29 10 "4 24 9 ■2 1 034 Oak Grove i 1^11 River Falls ■ 1,91B 308 730' 973 649 Union 679 Total 7,977 7,045 44 35 16,101 STATISTICS OF "WISCONSIlSr. 255 POIiK COUNTY. POPULATION Towns, Cities attd White. Colored 9 1 6 a Si 1 S C3 If < 510 lit !§§ 399 Ti 160 105 486 208 134 447 818 268 174 352 328 141 45 157 85 428 198 110 12 957 Black Brook 694 555 383 777 '66 io 47 721 Luck 453 106 317 MlUtown 209 Osceola St, Croix Falls 914 406 Sterling. 244 3.548 8,045 78 65 6,736 PORTAGE COUNTY. Amherst 248 894 277 126 522 121 541 m 234 719 741 315 575 845 230 120 497 295 199 496 514 130 VA 134 612 ill 1 1,225 721 478 jBau Fleine 509 24b Hull '.'.'.'..'.'.'.'...] ! 1,019 604 443 New Hope 1,037 Plover..:. 1,085 PIneGrove. 271 1,267 Sharon 1,494 368 StevenB Point city- First ward 1,331 1,428 7,842 7,0- 1 14,856 PEPIN COUNTY. Albany 194 497 271 811 759 815 fie 181 478 233 274 m "a" Durand. 975 Lima 665 Pepin 1,406 606 1,128 Stockholm WaterviUe.'. Waubeek. Total 3,060 2.750 2 6,816 ROCK COUNTY. Avon 445 2.1U 966 1,060 613 463 5,040 611 698 945 483 639 433 'IS III 950 ig 5,015 II 615 930 471 603 646 tu 2 39 2 "2 1 34' 4 1 T 1 33" ■ J 26' "l" 1 878 723 4,60 i i,§f: 1,92: 2,01 1,13 851 10.11! 1,13 lisr l!l5 1,01) 1,13 1 1,13 2 925 Belolt city Bradford Center Fulton Harmony JanesvlUetown. Masrnolia Mifion Newark Plymouth Porter Rock Spring Valley is" 1 :::: tTnion Total 19,758 19,127 90 64 39.039 RACINE COUNTY. POPULATION. Towns, C£ties and White. Colored a> Villages. a S 2 a . 2 29 44 25,217 363 22 1 10,145 100 6 3,434 7 • 2g 16,67» 864>. 355 1.9,121 7,1045. 32,608 734 4 761 2 6845. 6924 8,984 4,104 l',076 1 '.9045. ; 460X hi041>. 5,390 33,8165. 11904 8,244 32 12,106 22,499 45,456 .11,613 26,318 9.524 18,7265. 15,404 958 5,233 116 10,503 3,0745!' 1,277 724 514 258 326 1,7709! 15,0385. 173 6,1645. 1,160). 4,332 550 633 . 4,8755. 6,002 7,669 4,383 16,416 982 3725. 3 1 1 Marathon 2 Marquette Milwaukee 139 65 390 \r 255. 3 7 22 K OutaKamie 115. Pepin Polk 2 3 5845^ 315. 4995. 415. X 2,105?. 4,2855. Rock.j 282 Sauk 3,1185. H Sheboyfiran 49 42*^ 187 107^ 29 239 295 340 110 14 13 Trempealeau 14 11). 5 3 Walworth 1 169 113 Waukesha 3 Waushara Q iwood..!?..*.".v.v."."/.:;;"::::;::;:; 2 1,445,6505. 1,025.8019!' 864,8615. 183.030S^ 175,314). 11,1845. 4,842 62,00854 262 HISTORY OF WISCONSIN. ACREAGE OF PRINCIPAL CROPS GROWN IN 1876. Counties. NUMBER OP ACRBS. Clover Seed. Bushels. Cultivated Grasses. Potatoes. Roots. Apples. > ii.iivatecL Cr.iiiOerries. Timber. 241 1.843M '100 771 366 341M 30 150 ■ 9095C 120M 1,017 6 75 65X 58 4K 85,040 1,152.000 84,175 553 28* 5 Bayfield 5,769K 13,361 25^ 319 4,000*^ 18,739 57, 463 ■ ■■i26.od6 51,879 ■■■■iii;463 49,369K ■■■■566; 006 5,414 '"MM 51.026 53.880 33,774 19,896 37,673 29,763 24,037 ■■■■857;34i 558)4 1,788 01ar£ : 9.348 32,326 4,925 53,219 39,552 257 100 10,033 ""41.669 i8^:1ii 13,920 15,666 5,316 17,407 8,705 29856 5,666 11.390 ''-III 32.256M 5,453 3,387 80,557 14,217 6,170 11,681 8,628 435 1,918^ 2,493 8,585 3,780Ji 100 989 78 104 89 36 1,689 SO 30 2,969K 2,489S 10 219 2 61K 8 1,159 921 1,660K f;li 1,060 1,633 106 2,251 667 926 3,030>J 1,.520 836 1,566^ 61K 2,935*^ f:1i> 1,987« 2,233 -i it i,6d6 Grant 3,848 'le 6 1? 94 i¥ s 1037 46 566 1,515 530 2;757K Jefferson ^'?81 1 324 1,174 8 30 La Fayette. 1,001 108 137X ?? 13 100 'It 1,856 774K Marquette 16 4,418 20 20,525 16,211 33,756 19,433 22,077 1,073 III • 1,668 i;'2663C '77 11 60K 16,004 3,676 457 1,054SK l,7lf ?4T 4,056Ji 50,096 4,953 206 836K 1,561 97 1 1,349 12,974 2,642 10,142>^ 21,616>^ lB,984Ji 67,132>^ 14,293 26,388i^ 4,111 40,133 173 18,738 6,513 38.689 13.540 9.770 23.433 2.S5 724 591 2,016!ir 1,-548V 1,153K 2,930 1,176 3,2093i 648 2,723 99 878X 1,241 a,183K 46,831 3,983 1,695 1,342 1,630 169 41 178 i28ar 46M 103« 122K 104K 64K 133 34 41K 140 ^'383 45 35 m 2 Portage 580 88,058X • 88 Bacine 8 8,« Richland .... 2,1 m ' 5,4 6 St Croix »« 1,348» Shawano..- , 3,101 16 Sheboygan ro,738 2 12,149 91,194 60,281 50 080 42,690 82986 66,510 ikiu .?K 1,134 ■if 186 1,053 194 3,798 Washington . ' . . '°'b38 Waukesha. 6 LI Winnebago 720 Wood.... 889.018X 123.420K 13.624?^ 139,891 « 17,664X 4.090 226M 76.945X ABSTRACT OF LAWS, WISCONSIN. ELECTORS AND GENERAL ELECTIONS. Sec. 12. Every male person of the age of twenty-one years or upward, 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 : 1. Citizens of the United States. 2. Persons of foreign birth who shall have declared their intention to become citizens con- formably to the laws of the United States on the subject of naturalization. 3. Persons of Indian blood who have once been declared by law of Congress to be citizens of the United States, any subsequent law of Congress to the contrary notwithstanding. 4. Civilized persons of Indian descent not members of any tribe. Every person convicted of bribery shall be' excluded from the right of suffrage unless restored to civil rights ; and no person who shall have made or become directly or indirectly interested in any bet or wager depending upon the result of any election at which he shall offer to vote, shall be permitted to vote at such election. Sec. 13. No elector shall vote except in the town, ward, village or election district in which he actually resides. Sec. 14. The general election prescribed in the Constitution shall be held in the several towns, wards, villages and election districts on the Tuesday next succeeding the first Monday in November in each year, at which time there shall be chosen such Representatives in Congress, Electors of President and Vice President, State officers, and county officers as are by law to be elected in such year. Sec. 15. All elections shall be held in each town at the place where the last town-meeting was held, or at such other place as shall have been ordered at such last meeting, or as shall have been ordered by the Supervisors when they establish more than one election poll, except that the first .election after the organization of a new town shall be held at the place directed in the act or proceeding by which it was organized ; and all elections in villages constituting separate elec- tion districts and in the wards of cities, shall be held at the place to be ordered by the TrusDees of such village, or the Common Council of such city, at least ten days before such election, un- less a different provision is made in the act incorporating such village or city. Sec. 16. Whenever it shall become impossible or inconvenient to hold an election at the place designated therefor, the Board of Inspectors, after having assembled at or as near as prac- ticable to such place, and before receiving any votes may adjourn to the nearest convenient place for holding the election, and at such adjourned place shall forthwith proceed with the election. Upon adjourning any election as hereinbefore provided, the Board of Inspectors shall cause proc- lamation therectf to be made, and shall station a Constable or some other proper person at the place where the adjournment was, made, to notify all electors arriving at such place of adjourn- ment, and the place to which it was made. 264 HISTORY OF WISCONSIN Sec. 20. A registry of electors shall annually be made : 1. In each ward or election district of every city which, at the last previous census, had a population of three thousand or more. 2. In each ward or election district of every incorporated village in which, by law, sep- arate elections are held ; which village at the last preceding census, had a popula- tion of fifteen hundred or more. 3. In every town containing a village which, at said census, had a population of fifteen hundred or more, in which village separate general elections are not by law required to beheld. 4. In all towns any part of which shall have been embraced in any part of any city or village in which a registration by this chapter is required. Such registration shall be made in the manner provided by this chapter. The persons authorized by law to act as Inspectors of Election in each of such towns, wards or election dis- tricts shall constitute the Board of Registry therefor. Sec. 21. The said Inspectors shall have their first meeting on Tuesday, four weeks pre- ceding each general election, at the place where said election is to be held ; and in election districts at which there were polled at the previous general election three hundred votes or less, they shall sit for one day, and in districts at which there were more than three hundred votes polled, they shall have power to sit two days if necessary, for the purpose of making such list. They shall meet at 9 o'clock in the forenoon and hold their meetings open until 8 o'clock in the evening of each day during which they shall so sit. The Clerks appointed by law to act as Clerks of Election shall act as Clerks of the Board of Registry on the day of election only. The proceedings shall be open, and all electors of the district shall be entitled to be heard in relation to corrections or additions to said registry. They shall have the same powers to preserve order which Inspectors of Election have on election days, and iti towns vacancies in the Board shall be filled in the same manner that vacancies are filled at elections. , Sec. 22. The said Inspectors at their first rdeeting, and before doing any business, shall severally take and subscribe the oath of Inspectors at a general election, and said Inspectors shall at their first meeting make a registry of all the electors of their respective districts, placing thereon the full names, alphabetically arranged according to surnames, in one column, and in another the residence by number and name of street or other location, if known. If any elector's residence is at any hotel or publip boarding-house the name of the hotel or boarding-house shall be stated in the registry. They shall put thereon the names of all persons residing in their elec- tion district appearing on the poll-list kept at the last preceding general election, and are author- ized to take therefor such poll-list from the office where kept, omitting such as have died or removed from the district, and adding the names of all other persons known to them to be elect- ors in such district. In case of the formation of a new election district since the last preceding general election, the said Board therein may make such registry from the best means at their command, and may, if necessary, procure therefor certified copies of the last poll-list. They shall complete said registry as far as practicable at their first meeting, and shall make four copies thereof, and certify the original and each copy to be a true list of the electors in their district so far as the same are known to them. One of said copies shall be irnmediately posted in a conspicuous, place in the room in which their meeting was held, and be accessible to any elector for examina- tion or making copies thereof, and one copy shall be retained by each Inspector for revision and correction at the secOnd meeting. They shall within two days after said first meeting file the original registry made by them, and said poll-list in the office of the proper town, city or village clerk, and may, in their discretion, cause ten printed copies of said registry to be made and posted in ten of the most public places of said election district, or may publish the same in a newspaper at an expense not exceeding one cent for each name. Sec. 23. The Inspectors shall hold their second meeting at the same place designated for holding elections on the Tuesday two weeks preceding the election. They shall meet at 9 o'clock in the forenoon. In election districts havinsr less than three hundred voters, as shown' by the ABSTRACT OF LAWS. 265 preliminary registry, the Bo^rd shall complete the registry on the same day ; but if there are more than that number of voters, they shall sit two days. They shall remain in session until 8 o'clock in the evening. They shall revise and correct the registry first by erasing the name of any person who shall be proved to their satisfaction by the.oatns of two electors of the district to be not entitled to vote therein at the next ensuing election, unless such person shall appear and if chal- lenged, shall answer the questions and take the oath hereinafter provided ; secondly, by entering thereon the names of every elector entitled to vote in the district at the next election who shall appear before the Board and require it, and state his place of residence, giving street and num- ber, if numbered, or location, as hereinbefore provided, if challenged answer the questions, and take the oaths provided in case of challenge at an election ; but if any person shall refuse to answer all such questions or to take such oath, his name shall not be registered. Any person who is not twenty-one years of age before the date when the registry is required to be corrected, but will be if he lives until the day of election, shall have his name put on the registry if he be other- wise qualified to be an elector. Any elector who did not vote at the previous general election shall be entitled to be registered either at the preliminary or the final registration of electors by appearing before the Board of Registration of his election district and establishing his right to be registered, or, instead of a personal appearance, he may make his application to be registered to the Board in writing. Such application shall state the name and period of continuous resi- dence in the election district and place of residence therein, giving the number and street of the applicant, and, in case the person making the application is of foreign birth, he shall state when he came to the United States and to the State of Wisconsin, and the time and place of declaring his intention of becoming a citizen of the United States, and that he is entitled to vote at the election. Upon receiving such application, the Board of Registration shall register the name of such applicant, if it appears to the Board that the applicant is, by his statement, entitled to vote. Such statement shall be made under oath, and shall be preserved by the Board and be filed in the office of the village or city clerk, as the case may be. All city and village clerks shall keep blanks for making the application for registration, as provided by this section. The form shall be prescribed by the Secretary of State. Every person named in this section shall be subject to the same punishment for any false statement or other offense in respect thereto as is provided in case of such false statement or other offense by an elector offering to vote at an election. After such registry shall have been fully completed on the days above mentioned, no name shall be added thereto by any person or upon any pretext. Within three days after the second meeting the said Board shall cause four copies of the registry to be made, each of which shall be certified by them to be a correct registry of the electors of their district, one of which shall be kept by each Inspector for use on election day, and one shall forthwith be filed in the ofiice of the proper town, city or Village clerk. All registries shall at all times be open to pub- lic inspection at the office where deposited without charge. Sec. 24. On election day the Inspectors shall designate two of their number at the opening of the polls, who shall check the names of every elector voting in such district whose name is on the registry. No vote shall be received at any general election in any ward or election district defined in Section 20, if the name of the person offering to vote be not on said registry made at the second meeting as aforesaid, except as hereinafter provided ; but in case any one shall, after the last day for completing such registry, and before such election, become a qualified voter of the district, he shall have the same right to vote therein at such election as if his name had been duly registered, provided he shall, at the time he offers to vote, deliver to the Inspectors his aflS- davit, in which he shall state the facts, showing that he has, since the completion of such regis- try, become a qualified elector of such district, and the facts showing that he was not such elector on thejlay such registry was completed, and shall also deliver to such Inspectors the affi- davits of two freeholders, electors in such election district, corroborating all the material state- ments in his aflSdavit. In case any person who was a voter at ijie last previous general election shall not be registered, such person shall be entitled to vote on making affidavit that he was enti- tied to vote at the previous "election, and that he has not become disqualified by reason of removal 266 HISTORY OF WISCONSIN. from the election district or otherwise, since that election, which affidavit shall also be corrobo- rated by the affidavits of two freeholders, as is provided for other non -registered voters. No one freeholder shall be competent to make at any one election corroborating affidavits for more than three voters. All of said affidavits shall be sworn to before some officer authorized by the laws of this State to take depositions. The Inspectors shall keep a list of the names and residence of the electors voting whose names are not on said completed registry, and attach said list to the registry and return it, together with all such affidavits, to the proper town, city or village clerk. No compensation shall be paid or received for taking or certifying any such affidavits. On the day following the election, one of said poll-lists and one copy of the registry so kept and checked shall be attached together and filed in the office of the proper town, city or village clerk, and the other of said poll-lists and copy of the registry so kept and checked shall be returned to the. County Clerk with the returns of the election. Such Inspector's shall give notice by advertisement in a newspaper printed in the city, village or town where such registration was made, of the registry, and shall include in such notice all additions to and omissions from the preliminary list, and shall also state where the election is to be held. In case there be no newspaper printed in such city, village or town, such notice shall be given by posting copies thereof in three or more public places in each ward or election district in such city, village or town. For publication of such notice in any such newspaper the publisher thereof shall be entitled to the same compensation per folio as is prescribed for publishing other legal notices. COMMON SCHOOLS. Sec. 413. The formation of any school district shall be by written order of the Town Board, describing the territory embraced in the same, to be filed with the Town Clerk within twenty days after the making thereof. The Supervisors shall deliver to a taxable inhabitant of the district their notice thereof in writing, describing its boundaries, and appointing a time and place for the first district meeting, and shall therein direct such inhabitant to notify every quali- fied voter of the district, either persong-lly or by leaving a written notice at his place of resi- dence, of the time and place pf such meeting, at least five days before the time appointed therefor, and said inhabitant shall notify the voters of such district accordingly, and indorse thereon a return containing the names of all persons thus notified, and said notice and return shall be recorded as a part of the record of the first meeting in such district. Sec. 414. In case such notice shall not be given, or the inhabitants of a district shall neg- lect or refuse to assemble and form a district meeting when so notified, or in case any school dis- trict having been formed or organized shall afterward be disorganized, so that no competent authority shall exist therein to call a special district meeting, in the manner hereinafter pro- vided, notice shall be given by the Town Board, and served in the manner prescribed in the pre- ceding section. Whenever a district meeting shall be called as prescribed in this and the preceding section, it shall be the duty of the electors of the district to assemble at the time and place so directed. Sec. 415. Whenever it shall be necessary to form a district from two or more adjoining towns, the Town Boards of such towns shall meet together and form such districts by their writ- ten order, describing the territory embraced in such district, signed" by at, least two of the Super-' visors of each town ; and shall file one such order with the Town Clerk of each town, and deliver the notice of formaiaon to a taxable inhabitant of such district, and cause the same to be served and returned in the time and manner hereinbefore prescribed ; and any such district may be altered only by the joint action of the Town Boards of such towns in the same manner that Other districts are altered. Sec. 416. Every school district shall be deemed duly organized when any two of the offi- cers elected at the first legal meeting thereof shall have consented to serve in the offices to which they have been respectively elected, by a written acceptance thereof filed with the clerk of the first meeting, and recorded in the minutes thereof; and every school district shall be considered ABSTRACT OF LAWS. 267 as duly organized after it shall have exercised the franchises and privileges of a district for the term of two years. ■ Sec. 425. The annual meeting of all school districts in which graded schools of two or more departments are taught, shall be held on the second Monday of July, and of all other school districts on the last Monday of September, in each year. The hour of such meeting shall be seven o'clock in the afternoon, unless otherwise provided by a vote of the district, duly recorded at the last previous annual meeting ; but at any annual meeting a majority of the electors present may determine that the annual meeting of such district shall be held on the last Monday of August instead of the last Monday of September. Said determination to take effect when a copy of the proceedings of said annual meeting in reference to such change shall have been filed with the Town Clerk in which the schoolhouse of such district is situated, and to remain in force until rescinded by a lik« vote of the electors of such district. Sec. 426. The Clerk shall give at least six days' previous notice of every annual district meeting, by posting notices thereof in four or more public places in the district, one of which shall be affixed to the outer door of the schoolhouse, if there be one in the district, and he shall give like notices for every adjourned district meeting when such meeting shall have been adjourned for more than one month ; but no annual meeting shall be deemed illegal for want of due notice, unless it shall appear that the omission to give such notice was willful and fraudulent. Sec. 427. Special district meetings may be called by the Clerk, or, in his absence, by the ' Directors or Treasurer, on written request of five legal voters of the district, in the manner prescribed for calling an annual meeting ; and the electors, when lawfully assembled at a special nueting, shall have power to tra,nsact the same business as at the first and each annual meeting, except the election of officers. The business to be transacted at any special meeting shall be particularly specified in the notices calling the same, and said notices shall be posted six full days prior to the meeting. No tax or loan or debt shall be voted at a special meeting, unless three-fourths of the legal voters shall have been notified, either personally or by a written notice left at their places of residence, stating the time and place and objects of the meeting, and specifying the amount proposed to be voted, at least six days before the time appointed therefor. Sec. 428. Every person shall be entitled to vote in any school district meeting who is qualified to vote at a general election for State and county officers, and who is a resident of such school district. ASSESSMENT AND COLLECTION OF DISTRICT^ TAXES. Sec. 469. All school district taxes, unless otherwise specially provided by law, shall be assessed on the same kinds of property as taxes for town and county purposes ; and all personal property which, on account of its location or the residence of its owner, is taxable in the town, shall, if such locality or residence be in the school district, be likewise taxable for school district purposes. BORROWING MONEY. Sec. 474. Whenever, upon any unusual exigency, any school district shall, before the annual meeting, vote a special tax to be collected with the next levy, the district may, by vote, author- ize the District Board to borrow for a period' not exceeding one year a sura not exceeding the amount of such tax, and by such vote set apart such tax when collected to repay such loan, and thereupon the District Board may borrow such money of any person and on such terms and exe- cute and deliver to the lender such obligation therefor, and such security for the repayment, including a mortgage or pledge of any real or personal property of the district, subject to the directions contained in the vote of the district as may be agreed upon and not prohibited by law. Sec. 498. Every District Clerk who shall willfully neglect to make the annual report for his district as required by law shall be liable to pay the whole amount of money lost by such 268 HISTORY OF WISCONSIN. district in consequence of his neglect, which shall be recovered in an action in the name of and for the use of the district. Sec. 499. Every Town Clerk who shall neglect or refuse to make and deliver to the County Superintendent his annual report, as required in this chapter within the time limited therefor, shall be liable on his official bond to pay the town the amount which such town or any school district therein, shall lose by such neglect or refusal, with interest thereon ; and - every County Superintendent who shall neglect or refuse to make the report required of him by this chapter to the State Superintendent shall be liable to pay to each town the amount which such town or any school district therein shall lose by such neglect or refusal, with interest thereon, to be recovered in either case in an action prosecuted by the Town Treasurer in the name of the town. Sec. 503. Every member of a district board in any school district in this State in which a list of text-books has been adopted according to law, who shall, within three years from the date of such adoption, or thereafter, without the consent of the State Superintendent, order a change of text-books in such district, shall forfeit the sura of fifty dollars. Sec. 513. Every woman of twenty-one years of age and upward may be elected or appointed as director, treasurer or clerk of a school district, director or secretary of a town board under the township system ; member of a board of education in cities, or county superintendent. Sec. 560. In reckoning school months, twenty days shall constitute a month and one hun- dred days five months. ASSESSMENT' OF TAXES. Sec. 1035. The terms "real property," "real estate" and "land," when used in this title, shall include not only the land itself, but all buildings, fixtures, improvements, rights and privileges appertaining thereto. Sec. 1036. The term "personal property," as used in this title, shall be construed to mean and include toll-bridges, saw-logs, timber and lumber, either upon land or afloat, steamboats, ships and other vessels, whether at home or abroad ; buildings upon leased lands, if such build- irigs have not been included in the assessment of the land on which they are erected ; ferry-boats, including the franchise for running the same ; all debts due from solvent debtors, whether on account, note, contract, bond, mortgage or other security, or whether such debts are due or to become due ; and all goods, wares, merchandise, chattels, moneys and effects of any nature or description having any real or marketable value and iiot included in the term " real property," as above defined. Sec, 1037. The improvements on all lands situated in this State, which shall have been entered under the provisions of the act of Congress entitled " An act to secure homesteads to act- ual settlers on the public domain," approved May twentieth, one thousand eight hundred and sixty-two, and which shall be actually occupied and improved by the person so entering the same, or his heirs, shall be subject to taxation, and such improvements shall be assessed as personal property. All taxes levied thereon shall be collected out of the personal property of the occu- pant of such lands, and in no other manner. Sec. 1038. The property in this section described is exempt from taxation, to wit : 1. That owned exclusively by the United States or by this State, but no lands contracted to be sold by the State shall be exempt. 2. That owned exclusively by any county, city, village, town or school district ; but lands purchased by counties at tax sales shall be exempt only in the cases provided in Sec- tion Eleven Hundred and Ninety-one. 3. Personal property owned by any religious, scientific, literary or benevolent association, used exclusively for the purposes of such association, and the real property, if not leased, or not otherwise used for pecuniary profit, necessary for the location and con- venience of the buildings of such association, and embracing the same not exceeding ABSTRACT OF LAWS. 269 ten acres ; and the lands reserved for grounds of a chartered college or university, not exceeding forty acres ; and parsonages, whether of local churches or districts, and whether occupied by the pastor permanently or rented for his benefit. The occasional leasing of such buildings for schools, public lectures or concerts, or the leasing of such parsonages, shall not render them liable to taxation. 4. Personal property owned and used exclusively by the State or any county agricultui"al society, and the lands owned and used by any such society exclusively for fair grounds. 6. Fire engines and other implements used for extinguishing fires, owned or used by any organized fire company, and the buildings and necessary grounds connected therewith, owned by such company, and used exclusively for its proper purposes. 6. The property of Indians who are not citizens, except lands held by them by purchase. 7. Lands used exclusively as public burial-grounds, and tombs and monuments to the deSd therein. 8. Pensions receivable from the United States. 9. Stock in any corporation in this State which is required to pay taxes upon its property in the same manner as individuals. 10. So much of the debts due or to become due to any person as shall equal the amount of bona-fide and unconditional, debts by him owing. 11. Wearing apparel, family portraits and libraries, kitchen furniture and growing crops. 12. Provisions and fuel provided by the head of a family to sustain its members for six months ; but no person paying board shall be deemed a member of a family. 13. All the personal property of all insurance companies that now are or shall be organized or doing business in this State. , 14. The track, right of way, depot grounds, buildings, machine-shops, rolling-stock and other property necessarily used in operating any railroad in this State belonging to any railroad company, including pontoon, pile and pontoon railroads^ and shall henceforth remain exempt from taxation for any purpose, except that the same shall be subject to special assessments for local improvements in cities and villages and all lands owned or claimed by such railroad company not adjoining the track of such company, shall be subject to all taxes. The provision of this subdivision shall not apply to any railroad that now is or shall be operated by horse-power, whether now or hereafter constructed in any village or city. 15. The property, except real estate, of all companies which are or shall, be engaged in the business of telegraphing in this State. 16. The real estate of the Home of the Friendless in jthe city of Milwaukee, not exceeding one lot in amount, is exempted, so long as the same shall continue to be'used as such home. 17. All property of any corporation or association formed under the laws of this State for the encouragement of industry by agricultural and industrial fairs and- exhibitions, ■which shall be necessary for fair grounds, while used exclusively for such fairs and exhibitions, provided the quantity of land so exempt shall not exceed forty acres. 18. Such tree-belts as are or may be planted and maintained in compliance with chapter sixty -six of one of these statutes. Sec. 1191. Real property, upon which the county holds any certificates of tax sale, shall continue liable to taxation and to sale for unpaid taxes, and the county shall be the exclusive purchaser at the sale ; but when a tax deed shall be issued to the county, and it shall hold tax certificates of sale unredeemed on the same property for two successive years subsequent to the date of the sale on which such deed shall issue, including certificates of sale made prior to the passage of these statutes, such property shall thereafter be exempt from taxation until the same is sold by the county. The County Clerk shall annually, before the first day of June, furnish to the Assessors of each town a list of the lands in such town exempt under this section. Noth- ing in this section shall be so construed as to apply to lands owned by minors, married women, widowed women, idiots or insane persons. 270 HISTORY OF WISCONSIN. COLLECTION OF TAXES. Sec. 1089. The Town Treasurer of each town, on the receipt of the tax-roll for the cur- rent year, shall forthwith post notices in three or four public places in such towns, that the tax- roll for such town is in his hands for collection, and that the taxes charged therein are subject to payment at his office at any time prior to the first day of January in such year ; and after the said first day of January he shall proceed to collect the taxes charged in such roll and remaining unpaid, and for that purpose shall call at least once on the person taxed, or at any place of his usual residence, if within the town, and demand payment of the taxes charged to him on such roll. Sec. 1090. On all taxes paid or tendered at the office of such Treasurer prior to said first day of January, he shall remit all of the 5-per-cent collection fees, except so much thereof as he is authorized by law to have for his fees upon taxes so paid. Sec. 1091. Town orders shall be receivable for taxes in the town where issued, and shall be allowed the Town Treasurer on settlement of town taxes ; and county orders and jurors' cer- tificates shall be receivable for taxes in the county where issued, and shall be allowed such Treas- urer on settlement of county taxes with the County Treasurer, but no Town Treasurer shall receive town orders in payment for taxes to a larger amount than the town taxes included in his assessment-roll exclusive of all taxes for school purposes, nor county orders and jurors' certifi- cates to a greater amount than the county tax included therein. Sec. 1097. In case any person shall refuse or neglect to pay the tax imposed upon him,, the Town Treasurer shall levy the same by distress and sale of any goods and chattels belong- ing to such person, wherever the same may be found within his town ; and if a sufficient amount of sucl^property cannot be found in such town, the Town Treasurer may levy the same by dis- tress and sale of the goods and chattels belonging to such person, wherever the same may bfr found in the county or in any adjoining counties. Sec. 1098. The Town Treasurer shall give public notice of the time and place of such sale, at least six days previous thereto, by advertisement, containing a description of the prop- erty to be sold, to be posted up in thre6 public places in the town where the sale is to be made. The sale shall be at public auction, in the daytime, and the , property, sold shall be present ;. such property may be released by the payment of the taxes and charges for which the same is liable, to be sold ; if the purchase-money on such sale shall not be paid at such time as the Treasurer mfiy require, he may again, in his discretion, expose such property for sale, or sue, in his name of office, the purchaser for the purchase-money, and recover the same with costs and 10-per-centum damages. Sec. 1099. If the property so levied upon shall be sold for more than the amount of tax and costs, the surplus shall be returned to the owner thereof; and if it cannot be sold for want of bidders, the Treasurer shall return a statement of the fact, and return the property to th& person from whose possession he took the same ; and the tax, if unsatisfied, shall be collected in the same manner as if no levy had been made. HIGHWAYS AND BRIDGES. Sec. 1223. The Supervisors of the several towns shall have the care and supervision of the highways and bridges therein, and it shall be their duty : ' 1. To give directions for repairing the highways and bridges within their respective towns, and cause to be removed all obstructions therefrom. 2. To cause such of the roads used as highways as have been laid out but not sufficiently described, and such as have been lawfully laid out and used as such up to the then present time, but not fully and sufficiently recorded, to be ascertained, described and entered of record in the Town Clerk's office. ABSTRACT OF LAWS. 271 S. To cause bridges which are or may be erected over streams intersecting highways to be kept in repair. 4. To divide their respective towns' into so many road districts as they shall judge conven- ient, and specify every such division in writing under their hands, to be recorded in the oflBce of the Town Clerk ; but no such division shall be made within ten days next preceding the annual town meeting. 5. To assign to each of the said road districts such of the inhabitants liable to pay taxes on highways as they think proper, having regard to the nearness of residence as much as practicable. 6. To require the Overseers of Highways from time to time, and as often as they shall deem necessary, to perform any of the duties required of them by law. 7. To assess the highway taxes in their respective towns in each year, as provided by law. 8. To lay out and establish upon actual surveys, as hereinafter provided, such new roads in their respective towns , as they may deem necessary and proper ; to discontinue such roads as shall appear to them to have become unnecessary, and to widen or alter such roads when they shall deem necessary for public convenience, and perform all other duties respecting highways and bridges directed by this chapter. INTOXICATING LIQUORS. Sec. 1548. The Town Boards, Village Boards and Common Councils of the respective towns, villages and cities may grant license to such persons as they may deem proper, to keep groceries, saloons or other places, within their respective towns, villages or cities, for the sale in Quantities less than one gallon of strong, spirituous, malt, ardent or" intoxicating liquors, to be rank on the premises ; and in like manner may grant licenses for the sale in any quantity of such liquors not to be drank on the premises. The sum to be paid for such license for the sale of such liquor to be drank on the premises shall not be less than twenty-five nor more than one hundred and fifty dollars ; and for the sale of such liquors not to be drank on the premises shall be not less than ten nor more than forty dollars. Sec. 1549. Every applicant for such license shall, before delivery thereof, file with such town, village or city clerk a bond to the State in the sum of five hundred dollars, with at least two sureties, to be approved by the authorities granting the license, who shall each justify in double its amount over and above their debts and liabilities and exemptions, and be freehold- ers and residents of the county, conditioned that the applicant, during the continuance of his license will keep and maintain an orderly and well-regulated house ; that he will permit no gambling with cards, dice or any device or implement for that , purpose, within his premises or any out-house, yard or shed appertaining thereto ; that he will not sell or give away any intoxi- cating liquor to any minor, having good reason to believe him to be such, unless upon the writ- ten order of the parents or guardian of such minor, or to persons intoxicated or bordering upon intoxication, or to habitual drunkards ; and that he will pay all damages that may be recovered by any person, and that he will observe and obey all orders of such Supervisors, Trustees or Aldermen, or any of them, made pursuant to law. In case of the breach of the condition of any such bond, an action may be brought thereon in the name of the State of Wisconsin, and judgment shall be entered against the principals and sureties therein named for the full penalty thereof; and execution may issue thereupon by order of the court therefor, to satisfy any Judgment that may have been recovered against the principal named in said bond, by reason of any breach in the conditions thereof, or for any penalties of forfeitures incurred under this chap- ter. If more than one judgment shall have been recovered, the court, in its discretion, may apply the proceeds of said bond toward the satisfaction of said several judgments, in whole or in part, in such manner as it may see fit. Sec. 1550. If any person shall vend, sell, deal or traflSc in or for the purpose of evading this chapter, give away, any spirituous, malt, ardent or intoxicating liquors or drinks in any 272 HI8T0EY OF WISCONSIN. quantity whatever without first having obtained license therefor, according to the provisions of this chapter, he shall be deemed guilty of a misdemeanor, and, on conviction thereof shall be punished by fine of not less than ten nor more than forty dollars, besides the costs of suit, or, in lieu of such fine, by imprisonment in the county jail of the proper county not to exceed sixty days nor less than twenty days ; and, in case of, punishment by fine as above provided, such per- son shall, unless the fine and costs be paid forthwith, be committed to the county jail of the proper county until such fine and costs are paid, or until discharged by due course of law ; and, in case of a second or any subsequent conviction of the same person during any one year, the punish- ment may be by both fine and imprisonment, in the discretion of the court. Sec. 1551. Upon complaint made to any Justice of the Peace by any person that he knows or has good reason to believe that an offense against this chapter, or any violation thereof, has been committed, he shall examine the complainant on oath, and he shall reduce such com- plaint to writing and cause the same to be subscribed by the person complaining. And if it shall appear to such Justice that there is reasonable cause to believe that such oflfense has been committed, he shall immediately issue his warrant, reciting therein the substance of such com- plaint and requiring the ofiicer to whom such warrant shall be directed forthwith to arrest the - accused and bring him before such Justice, to be dealt with according to law ; and the same war- rant may require the oflScer to summon such persons as shall be therein named to appear at the trial to give evidence. Sec. 1552. The District Attorney of the proper county shall, on notice given to him by the Justice of the Peace before whom any such complaint shall be made, attend the trial before such Justice and conduct the same on behalf of the State. Sec. 1553. Every supervisor, trustee, alderman and justice of the peace, police ofiScer» marshal, deputy marshal and constable of any town, village or city who shall know or be credi- bly informed that any offense has been committed against the provisions of this chapter shall make complaint against the person so offending within their respective towns, villages or cities to a proper Justice of the Peace therein, and for every neglect or refusal so to do every such ofiBcer shall forfeit t^fenty-five dollars, and the Treasurer of such town, village or city shall pros- ecute therefor. Sec. 1557. Any keeper of any saloon, shop or place of any name whatsoever for the sale of strong, spirituous or malt liquors to be drank on the premises in any quantity less than one gallon, who shall sell, vend or in any way deal or traffic in or for the purpose of evading this chapter, give away any spirituous, ardent or malt liquors or drinks in any quantity whatsoever to or with a minor, having good reason to believe him to be such, or to a person intoxicated or bordering on a state of intoxication, or to any other prohibited person before mentioned, shall be deemed guilty of a misdemeanor ; nor shall any person sell or in any way deal or traffic in, or, for the purpose of evading this chapter, give away, any spirituous, ardent, intoxicating or malt liquors or drinks in any quantity whatsoever within one mile of either of the hospitals for the insane ; and any person who shall so sell or give away any such liquors or drinks shall be deemed guilty of a misdemeanor. BILLS OF EXCHANGE AND PROMISSORY NOTES. Sec. 1675. All notes in writing made and signed by any person or for any corporation, and all certificates of the deposit of money issued by any person or corporation, whereby he or it shall promise to pay to any person or order, or unto the bearer, any s'lm of money, as therein mentioned, shall be due and payable as therein expressed, and shall have the same effect and shall be negotiable in like manner as inland bills of exchange, according to the custom of mer- chants. But no order drawn upon or accepted by the Treasurer of any county, town, city, village or school district, whether drawn by any officer thereof or any other person, and no obligation nor instrument made by such corporation or any officer thereof, unless expressly authorized by law ABSTRACT OP LAWS. 273 to be made' negotiable, shall be, or shall be deemed to be, negotiable according to the customs of merchants, in whatever form they may be drawn or made. Sec. 1680. On all bills of exchange payable at sight, or at future day certain, within this State, and all negotiable promissory notes, orders and drafts payable at a future day cer- tain, within this State, in which there is not an express stipulation to the contrary, grace should be allowed in like manner as it is allowed by the custom of merchants on foreign bills of exchange payable at the expiration of a certain period after date or sight. The provisions of this section shall not extend to any bill of exchange, notp or draft payable on demand. Sec. 1684. All notes, drafts, bills of exchange or other negotiable paper maturing on Sunday or upon any legal holiday shall be due and payable on the next preceding secular day, HOURS OF LABOR. Sec. 1728. In all manufactories, work-shops and other places used for mechanical or manufacturing purposes, the time of labor of children under eighteen years of age and of women employed therein, shall not exceed eight hours in one day ; and any employer, stockholder, director, oflScer, overseer, clerk or foreman who shall compel any woman or any child to labor exceeding eight hours in any one day, or who shall permit any child under fourteen years of age to labor more than ten hours in any one day in any such place, if he shall have control over such child sufficient to prevent it, or who shall employ at manual labor any child under twelve years of age in any factory or work-shop where more than three persons are employed, or who shall employ any child of twelve and under fourteen years of age in any such factory or work- shop for more than seven months in any one year, shall forfeit not less than five nor more than fifty dollars for each such offense. Sec. 1729. In all engagements to labor in any manufacturing or mechanical business, where there is no express contract to the contrary, a day's work shall consist of eight hours, and all engagements or contracts for labor in such cases shall be so construed ; but this shall no< apply to any contract for labor by the week, month or year. FORM OF CONVEYANCES. Sec. 2207. A deed of quitclaim and release of the form in common use or of the form hereinafter provided, shall be sufficient to pass all the estate which the grantor could lawfully convey by deed of bargain and sale. Sec. 2208. Conveyances of land may be in substantially the following form: WARRANTY DEED. A B, grantor of County, Wisconsin, hereby conveys and warrants to C D, grantee, of County, Wisconsin, for the sum of dollars, the following tract of land in County. [Here describe the premises.) Witness the hand and seal of said grantor this day of , 18 — . In the presence of 1 > ■ [seal.' j quitclaim deed. [seal.' A B, grantor, of County, Wisconsin, hereby quitclaims to C D, grantee, of County, Wisconsin, for the sum of dpUars, the following tract of land in County, (Were describe the premises.) Witness the hand and seal of said grantor this day of , 18 — . In presence of ~| V [seal." j • [seal.' 274 HISTORY OF WISCONSIN. Such deeds, when executed and acknowledged as required by law, shall, when of the first of the albove forms, have the effect of a conveyance in fee simjile to the grantee, his heirs and assigns of the premises therein named, together with all the appurtenances, rights and privileges thereto belonging, with a covenant from the grantor, his heirs and personal representatives, that he is lawfully seized of the premises ; has good right to convey the same ; that he guaran- tees the grantee, his heirs and assigns in the quiet possession thereof ; that the same are free from all incumbrances, and that the grantor, his heirs and personal representatives will forever war- rant and defend the title and possession thereof in the grantee, his heirs and assigns against all lawful claims whatsoever. Any exceptions to such covenants may be briefly inserted in such deed, following the description of the land ; and when in the second of the above forms, shall have the effect of a conveyance in fee simple to the grantee, his heirs and assigns, of all the right, title, interest and estate of the grantor, either in possession or expectancy, in and to the prem- ises therein described, and all rights, privileges and appurtenances thereto belongings MOETGAGEB. Sec. 2209. A mortgage may be substantially in the following form : A B, mortgagor, of ' County, Wisconsin, hereby mortgages to C D, mortgagee, of County, Wisconsin, for the sum of ■ dollars, the following tract of land in — = County. {Here describe the premises) This mortgage is giyen to secure the following indebtedness : 'Here state amount or amounts and form of indebtedness, whether on note, bond or otherwise, time or times when due, rate of interest, by and to whom payable, etc.) The mortgagor agrees to pay all taxes and assessments on said premises, and the sum of • dollars attorney's fees in case of foreclosure thereof. Witness the hand and seal of said mortgagor this day of , 18 — . In presence of ~| , > , [seal.] ■ — ; j — '■ ■: [seal.] when executed and acknowledged according to law shall have the effect of a conveyance of the land therein described, together with all the rights, privileges and appurtenances thereunto belonging in pledge to the mortgagee, his heirs, assigns and legal representatives for the payment of the indebtedness therein set forth, with covenant from the mortgagor that all taxes and assess- toents levied and assessed upon the land described during the continuance of the mortgage shall be paid previous to the day appointed by law for the sale of lands for taxes, as fully as the forms of mortgage now and heretofore in common use in this State, and may be foreclosed in the same manner and with the same effect, upon any default being made in any of the conditions thereof as to payment of either principal, interest or taxes. ASSIGNMENT OF MORTGAGE. Sec. 2210. An assignment of a mortgage substantially in the following form : For value received I, A B, of — , Wisconsin, hereby assign to C D, of , Wis- consin, the within mortgage (or a certain mortgage executed to '■ — ■ by E F and wife, of County, Wisconsin, the day of , 18 — , and recorded in the office of the Register of Deeds of County, Wisconsin, in Vol. of mortgages, on page ), together with the and indebtedness therein mentioned. Witness my hand and seal this day of , 18 — . Tn presence of 1 j: A B. [seal.] ABSTRACT OF I.AWS. 275 shall be sufficient to vest in the assignee for all purposes all the rights of the mortgagee under the mortgage, and the amount of the indebtedness due thereon at the date of assignment. Such assignment, when indorsed upon the original mortgage, shall not require an acknowledg- ment in order to entitle the same to be recorded. TITLE TO REAL PROPERTY BY DESCENT. Sec. 2270. When any person shall die, seized of any lands, tenements br hereditaments, or any right thereto, or entitled to any interest therein in fee simple, or for the life of another, not having lawfully devised the same, they shall descend subject to his debts, except as provided in the next section, in the manner following : 1. In equal shares to his children, and to the lawful issue of any deceased child, by right of representation ; and if there be no child of the intestate living at his death, his estate shall descend to all his other lineal descendants ; and if all the said descendants are in the same degree of kindred to the intestate, they shall share the estate equally, otherwise they shall take according to the right of representation. 2. If he shall leave no lawful issue, to his widow ; if he shall leave no such issue or widow, to his parents, if living ; and if either shall not be living, the survivor shall inherit his said estate. If a woman shall die, leaving no issue, her estate shall descend to her husband, if she shall have one at the time of her decease, and if she' shall leave, surviving her, neither issue nor husband, to her parents, if living ; and if either shall not be living, the survivor shall inherit her said estate. 3. If he shall leave no lawful issue^ nor widow, nor father, nor mother, his estate shall descend in equal shares to his brothers and sisters, and to the children of any deceased brother or sister, by right of representation. 4. If the intestate shall leave no lawful issue, widow, father, motherj brother nor sister, his estate shall descend to his next of kin in equal degree, except that when there are two or more collateral kindred in equal degree, but claiming through different ances- tors, those who claim through the nearest ancestor shall be preferred to those claiming through an ancestor more remote ; provided, however, 6. If any person die leaving several children, or leaving one child, and the issue of one or more other children, and any such surviving child shall die under age, and not having been married, all the estate that came to the deceased child, by inheritance from such deceased parent, shall descend in equal shares to the other children of the same parent, and to the issue of any such other children who shall have died, by right of represen tation. 6. If, at the death of such child, who shall die under age, and not having been married, all the other children of his said parent shall also be dead, and any of them shall have left issue, the estate that came to said child by inheritance from his said parent, shall descend to all the issue of the other children of the same parent ; and if all the said issue are in the same degree of kindred to said child, they shall share the said estate equally ; otherwise they shall take according to the right of representation. 7. If the intestate shall have no widow nor kindred, his estate shall escheat to the State, and be added to the capital of the school fund. Sec. 2271. When the owner of any homestead shall die, not having lawfully devised the same, such homestead shall descend free of all judgments and claims against such deceased owner or his estate, except mortgages lawfully executed thereon, and laborers' and mechanics' liens, in the manner following : 1. If he shall have no lawful issue, to his widow. 2. If he shall leave a widow and issue, to his widow during her widowhood, and, upon her marriage or death, to his heirs, according to the next preceding section. 3. If he shall leave issue and no widow, to such issue, according to the preceding section. 4. If he shall leave no issue or widow, such homestead shall descend under the next pre- ceding section, subject to lawful liens thereon. 276 HISTORY OF AVISCONSIN. \ OF WILLS. Sec. 2277. Every person of full age, and any married woman of the age of eighteen years and upward, being of sound mind, seized in his or her own right of any lands, or of any right thereto, or entitled to any interest therein, descendible to his or her heirs, may devise and dig- pose of the same by last will and testament in writing ; and all such estate not disposed of by will, shall descend as the estate of an intestate, being chargeable, in both cases, with the pay- ment of all his debts or her debts, except as provided in the next preceding chapter, and in sec- tion twenty-two hundred and eighty. Sec. 2278. Every devise of land in any will shall be construed to convey all the estate of the devisor therein, which he could lawfully devise, unless it shall clearly appear by the will that the devisor intended to convey a less estate. Sec. 2279. Any estate, right or interest in lands acquired by the testator, after the making of his will, shall pass thereby in like manner as if possessed at the time of making the will, if such shall manifestly appear, by the will, to have been the intention of the testator. Sec. 2280. When any homestead shall have been disposed of by the last will and testa- ment of the owner thereof, the devisee shall take the same, free of all j udgments and claims against the testator or his estate, except mortgages lawfully executed thereon, and laborers' and mechanics' liens. Sec. 2281. Every person of full age, and every married woman of the age of eighteen years and upward, being of sound mind, may, by last will and testament in writing, bequeath and dispose of all his or her personal estate remaining at his or her decease, and all his or her rights thereto and interest therein, subject to the payment of debts ; and all such estate not dis- posed of by the will shall be administered as intestate estate. Sec. 2284. All beneficial devises, legacies and gifts whatsoever, made or given in any will to a subscribing witness thereto, shall be wholly void, unless there be two other competent sub- scribing witnesses to the same ; but a mere charge on the lands of the devisor for the payment of debts, shall not prevent his creditors from being competent witnesses to his will. Sec. 2285. But if such witness, to whom any beneficial devise may have been made or given, would have been entitled to any share of the estate of the testator, in case the will was not established, then so much of the share that would have descended or been distributed to such witness as will not exceed the devise or bequest made to him in the will, shall be saved to him, and he may recover the same of the devisees or legatees named in the will, in proportion to and out of the parts devised or bequeathed to them. Sec. 2286. When any child shall be born, after the making of his parent's will, and no provision shall be made therein for him, such child shall have the same share in the estate of the testator as if he had died intestate ; and the share of such child shall be assigned to him, as pro- vided by law, in case of intestate estates, unless it shall be apparent from the will that it was the intention of the testator that no provision should be made for such child. Sec. 2290. No will, or any part thereof, shall be .revoked, unless by burning, tearing, can- celing or obliterating the same, with the intention of revoking it,' by the testator, or by some person in his presence, and by his direction, or by some other will or codicil in writing, executed as prescribed in this chapter, or by some other writing, signed, attested and subscribed in the manner provided in this chapter, for the execution of a will ; excepting, only, thait nothing con- tained in this section shall prevent the revocation implied by law, from subsequent changes in the condition or circumstances of the testator. The power to make a will implies the power to revoke the same. OF THE ADOPTION OF CHILDREN. Sec. 4021. Any inhabitant of this State may petition the County Court, in the county of his residence, for leave to adopt a child not his own by birth ; but no such petition made by a married person shall be granted, unless the husband or wjfe of the petitioner shall join therein ; ABSTRACT OF J.AWS. 277 nor shall any such petition be granted, unless the child, if of the age of fourteen years, or more, shall consent thereto in writing, in the presence of the court. Sec. 4022. No such adoption shall be made, without the written consent of the living parents of such child, unless the court shall find that one of the parents has abandoned the child, or gone to parts unknown, when such consent may be given by the parent, if any, having the care of the child. In case where neither of the parents is living, or if living, have abandoned the child, such consent may be given by the guardian of such child, if any ; if such child has no guardian, such consent may be given by any of the next of kin of such child, residing in this State, or, in the discretion of the court, by some suitable person to be appointed by the court. 2. In case of a child not born in lawful wedlock, such consent may be given by the mother, if she is living, and has not abandoned such child. Sec. 4023. If upon such petition and consent, as herein provided, the County Court shall be satisfied of the identity and the relations of the persons, and that the petitioners are of suffi- cient ability to bring up, and furnish suitable nurture and education for the child, having refer- ence to the degree and condition of its parents, and that it is proper that such adoption shall take effect, such court shall make an order, reciting said facts that, from and after the date thereof, such child shall be deemed, to all legal intents and purposes, the child of the petitioners ; and by such order the name of such child may be changed to that of the parents by adoption. Sec. 4024. A child so adopted, shall be deemed for the purposes of inheritance and succes- sion by such child, custody of the person and right of obedience by such parents by adoption, and all other legal consequences and incidents of the natural relation of parents and children, the same to all intents and purposes as if such child had been born in lawful wedlock of such parents by adoption, excepting that such child shall not be capable of taking property expressly limited to the heirs of the body of such parents. The natural parents of such child shall be deprived, by such order of adoption, of all legal rights whatsoever, respecting such child, and such child shall be freed from all legal obligations of maintenance and obedience to such natural parents INTEREST. The legal rate of interest is 7 per cent. A higher rate of interest, not exceeding 10 per cent, may be contracted for, but the same must be clearly expressed in writing. If a higher rate than 10 per cent is collected or paid, the party so paying may, by himself or his legal rep- resentative, recover treble the amount so paid above the 10 per cent, if the action is brought within one year, and all bills, notes, or other contracts whatsoever, whereby a higher rate than 10 per cent is secured, shall be liable for the principal sum, but no interest'shall be recovered. JURISDICTION OF COURTS. The Circuit Courts have general jurisdiction xivcr all civil pnd criminal actions within theii respective circuits, subject to a re-examination by the Supreme Court. The County Courts shall have jurisdiction over the probate matters in their respective counties, and shall have exclusive appellate jurisdiction in the counties of Brown, Dodge, Fond du Lac, Milwaukee and Winnebago in all cases of appeals from Justices of the Peace in civil actions, and all cases commenced in Justices' Courts therein, there shall be an answer put in, showing that the title of lands will come in question. And such Courts shall have concurrent and equal jurisdiction in all civil actions and pro- ceedings with the Circuit Courts of said counties to the following extent respectively : The County Court of Brown, when the value of the property in controversy, after deduct- ing all payments and set-offs, shall not exgeed five thousand dollars. The County Court of Dodge County, when such value shall not exceed twenty-five thousand dollars. 278 IIISTOEY OF WISCONSIN. The County Court of Fond du Lac, when such value shall not exceed twenty thousand dollars. The County Court of Milwaukee, when such value does not exceed five million dollars. The County of Winnebago, when such value does not exceed ty^entj thousand dollars. They shall have jurisdiction of all actions for foreclosure where the value does not exceed the above amounts, and of all actions for divorce or for affirmation or annullment of marriage contract. Justices of the Peace have jurisdiction in civil matters where two hundred dollars or less are involved. The criminal jurisdiction of Justices extends to all cases where the fine is one hundred dol- lars, or the imprisonment six months. JURORS. All persons who are citizens of the United States, and qualified electors of the State shall be liable to be drawn as jurors, except as provided as follows : The following persons shall be exempt from serving as jurors : All officers of the United States, the Governor, Lieutenant Governor, Secretary of State, Attorney General, State Superintendent and Treasurer ; all Judges, Clerks of Courts of Record ; all county officers. Constables, attorneys and counselors at law, ministers of the Gospel of any religious society, practicing physicians, surgeons, dentists, and the President, professors and instructors of the University and their assistants, and of the several colleges and incorporated academies ; all teachers of the State Normal Schools, one teacher in each common school, the officers and employes of the several State institutions, one miller in each grist-mill, one ferry- man at each licensed ferry, one dispensing druggist in each prescription drug-stoi;e, all telegraph operators and superintendents, conductors, engineers, firemen, collectors and station-agents of any railroad or canal, while in actual employment as such ; all officers of fire departments, and all active members of fire companies organized according to law ; all persons more than sixty years of age, and all persons of unsound mind or subject to any bodily infirmity amounting to disability ; all persons who have been convicted of any infamous crime, and all persons who have served at any regular term of the Circuit Court as a grand or petit juror within one year, except he shall be summoned on a special venire or as a talesman. CAPITAL PUNISHMENT. Capital punishment has been abolished in this State. WOLE SCALPS. A bounty of five dollars is paid for each wolf scalp. WEIGHTS AND MEASURES. Whenever either of the articles, as commodities hereafter mentioned, shall be sold by the bushel, and no special agreement as to measure or weight thereof shall be made by the parties, the measure shall be ascertained by weight, and shall be computed as follows : Sixty pounds for a bushel of wheat, clover seed, potatoes or beans. ' Fifty pounds for a, bushel of green apples ; fifty-six pounds for a bushel of rutabagas, flax- seed, rye or Indian corn shelled, and seventy pounds of Indian corn-unshelled; fifty pounds for a bushel of rape seed, buckwheat, beets, carrots or onions ; forty-eight pounds for a bushel of barley ; forty-five pounds for a bushel of timothy seed ; forty -four pounds for a bushel of pars- nips ; forty-two pounds for a bushel of common flat turnips ; thirty-two pounds for a bushel of oats ; and twenty-eight pounds for a bushel of dried apples or dried peaches. ABSTRACT OF LAWS. 279 No person shall sell, buy or receive in store any grain at any weight or measure per bushel other than the standard weight or measure per bushel fixed by law ; and, for any violation, the offender shall forfeit not less than five rior more than fifty dollars. DAMAGES FOR TRESPASS. Any person who shall willfully, maliciously or wantonly destroy, remove, throw down or injure any fence, hedge or wall inclosing any orchard, pasture, meadow, garden, or any field whatever on land belonging to or lawfully occupied by another, or open and leave open, throw down, injure, remove or destroy any gate or bars in such fence, hedge or wall, or cut down, root up, sever, injure, destroy or carry away when severed, any fruit, shade, ornamental or other tree, or any shrub, root, plant, fruit, flower, grain or other vegetable production, or dig up, sever or carry away any mineral, earth or stone, or tear down, mutilate, deface or injure any building, sign-board, fence or railing, or sever and carry away any part thereof, standing or being upon the land of another or held in trust, or who shall willfully, maliciously or wantonly cut down, root up, injure, destroy or remove or carry away any fruit, ornamental or other tree, or any shrub, fruit, flower, vase or statue, arbor, or any ornamental structure, standing or being in any street or public ground in any city or village, in any private inclosure or highway, or destroy, remove, mutilate or injure any milestone or board, or any guide-post or board erected in any highway or public way, or on any turnpike, plank-road or railroad, or deface or obliterate any device or inscrip- tion thereon, or cut down, break down, remove, mutilate or injure any monument erected or tree marked for the purpose of designating the boundaries of any town or tract of land or subdivision thereof, or deface or obliterate any figures, letters, device or inscription thereon, made for such purpose, or break, remove, destroy or injure any post, guard, railing or lamp-post or lamp thereon, erected or being on any bridge, street, sidewalk, alley, court, passage, park, public ground, highway, turnpike, plank or rail road, or extinguish or break any lamp on any such lamp-post, or tear, deface, mutilate or injure any book, map, pamphlet, chart, picture or other property belonging to any public library, or take and carry away the same with intent to con- vert to his own use, or shall injure or destroy any personal property of another, shall be pun- ished by imprisonment in the county jail not more than six months, or by fine not exceeding one hundred dollars. » Any person who shall willfully, maliciously or wantonly kill, maim, mutilate, disfigure or injure any horse, mule, cattle, sheep or other domestic animal of another, or administer poison to such animal, or expose any poison, with intent that the same may be taken or swallowed by such animal ; and any person who shall overdrive, overwork, overload, maim, wound, torture, torment, cruelly beat or kill any such animal belonging to himself or another, or being the owner or having the care or charge thereof, shall fail to provide necessary food, water or shelter for any such animal, or who shall turn out and abandon, without proper care and protection, or cruelly work any such animal when old, diseased, disabled or unfit for work, or shall carry or confine any live animal, fowl or bird, in a cruel or inhuman manner, or who shall cause, procure or abet any cruelty above mentioned, or the fighting or baiting of bulls, dogs or cocks, shall be punished by imprisonment in the county jail not more than six months or by fine not exceeding one hun- dred dollars. ESTRAYS. No stray, except horses and mules, shall be taken up by any person not a resident of the town in which it is found ; nor unless it is found upon land owned or occupied 'by him. Every finder for a stray must notify the owner, if he is known, within seven days, and request him to pay all reasonable charges and take the stray away. If the owner is not known, he must file a notice with the Town Clerk within ten days, who shall transmit a copy thereof to the County Clerk. If the stray is not worth five dollars, the finder shall post a copy of such notice in two pub- lic places in such town ; if it exceed five dollars in value, he shall publish such notice four 280 HISTORY OF WISCONSIN. successive weeks either in some newspaper published in the county or in an adjoining county, if one be published nearer his residence than any published in his county ; but if no newspaper is pub- lished within twenty miles of his residence, then he must post such notice in three public places in his county. Such notice shall describe the stray by giving its marks, natural or artificial, as near as possible, the name and residence of the finder, specifying the section and town, and the time when such stray was taken up. For neglect to post up or publish as required, the finder shall be liable to double the amount of damages sustained by the owner. For neglect to post or publish for one year, the findei' shall be liable for its full value, to be recovered in the name of the town, and the amount recovered to be added to the school fund of such town. The finder shall, within one month, cause the stray to be appraised by a Justice of the Peace and a certificate of such ap'praisal signed by such Justice filed in the Town Clerk's office. The finder shall pay the Justice fifty cents for such certificate, and ten cents per mile for each mile necessarily traveled to make the same. The owner may have the same restored to him any time within one year after such notice is filed in the town Clerk's ofiice, by proving that the stray belongs to him, and paying all lawful charges incurred in relation to the same. If the owner and finder cannot agree as to the charges, either party, on notice to the other, may apply to a Justice of such town to settle the same, who, for that purpose, may examine witnesses upon oath, and the amount found due, with the costs, shall be a lien upon such stray. If no owner applies for the return of such stray, as pro- vided, and the same is not worth more than ten dollars, it shall become the absolute property of such finder ; but if the appraisal shall exceed ten dollars, it shall be sold at public auction by the Sheriff or any Constable of the county, on the request of the finder, and he shall be entitled to one-half the proceeds, and the other half shall be paid to the Treasurer of the town within ten days. If the finder shall neglect or refuse to cause such sale, he shall pay to the town the value of such stray, to be recovered by the town. If any person, without the consent of the owner, shall take away such stray, without first paying the lawful charges, he shall be liable to the finder for the value of such stray. If the finder shall neglect to do any act prescribed above, he shall be precluded from acquiring any right in .such stray, and from receiving any charges or expenses relative thereto. FENCES. The Overseers of Highways in their respective towns, the Aldermen of cities in their respective wards, and the Trustees of villages in their respective villages, shall be Fence Viewers, •and in towns having less than three road districts, the Supervisors shall be Fence Viewers. All fences four and a half feet high, and in good repair, consisting of rails, timber, boards or stone walls, or any combination thereof, and all brooks, rivers, ponds, creeks, ditches and hedges or other things which shall be considered equivalent thereto, in the judgment of the Fence Viewers, within whose jurisdiction the same may be, shall be deemed legal and sufiBcient fences. Every partition of a fence, or line upon which a fence is to be built, made by the owners ■of the adjoining lands, in writing, sealed and witnessed by two witnesses, or by Fence Viewers in writing, under their hands, after being recorded in the Town Clerk's office, shall oblige such -owners and their heirs, as long as they remain owners, and after parting with the ownership, until a new partition is made. A division of a partition fence, or line upon which ti partition fence between adjoining lands shall be built, may be made by Fence Viewers in the following cases : 1. When any owner of uninclosed lands shall desire to inclose the same, he may have the line between his land and the adjoining land of any other person divided, and the portion upon which the respective owners shall erect their share of the partition fence assigned, whether such adjoining land be inclosed or not. 2. When any lands belonging to different persons in severalty, shall have been occupied in common, or without a partition fence between them, and one of the occupants shall be desirous ABSTRACT OF LAWS. 281 to occupy his part in severalty, and the others shaU refuse or neglect, on demand, to divide with him the line where the fence ought to be built, or to build a suflScient fence on his part of the line, when divided, the occupant desiring it may have the same divided, and the share of each assigned. 3. When any controversy shall arise about the right of the respective occupants in parti- tion fences, or their obligations to maintain the same, either party may have the line divided, and the share of each assigned. In either case, application may be made to two or more Fence Viewers of the town where the lands lie, who shall give reasonable notice in writing to each party, and they shall in writing under their hands^ divide the partition fence or line, and assign to each owner or occupant his share thereof, and in the second and third cases direct within what time each party shall build or repair his share of the fence, having regard to the season of the year, and shall file such deci- sion in the Town Clerk's office. If either party shall neglect or refuse to build or repair within the time so assigned, his part of the fence, the other may, after having completed his own part, build or repair such part, and recover double the expense thereof Where the whole or a greater share than belongs to him has been built by one of the occu- pants, before complaint to the Fence Viewers, the other shall be obliged to pay for his share of such fence. Where nninclosed land is afterward inclosed, the owner shall pay for one-half the partition fence upon the line between him and any other owner or occupant. If any person shall determine not to keep inclosed any part of his land adjoining any par- tition fence, and shall give six months' notice of such determination to all adjoining occupants, he shall not be required to maintain any part of such fence during the time his lands shall lie open. LANDLORD AND TENANT. The common law right to destrain for rent is abolished. The atonement of a tenant to a stranger shall be absolutely void, and shall not in anywise effect the possession of his landlord, unless it be made 1. With the consent of the landlord ; or 2. Pursuant to, or in consequence of, a judgment or order of a court of competent juris- diction; or 3. To a purchaser upon a judicial sale, who shall have acquired title to the lands by a conveyance thereof, after the period for redemption, if any, has expired. A tenancy, a will or .sufferance may be determined by the landlord, giving one month's notice to quit, or the tenant giving one month's notice of his intention to quit, or if the terms of payment are for less than a month, notice equal to the time between payments, or for non-payment of rent, fourteen days' notice to quit. Such notice shall be served by delivering the same to such tenant, or to some person of proper age residing on the premises, or if no such person can be found, by affixing the same in a conspicuous part of the premises, where it may be conveniently read, and, at the expi- ration of the time required after the service of such notice, the landlord may re-enter, or main- tain an action for the recovery of the possession thereof, or proceed in the manner prescribed by law to remove such tenant without further or other notice to quit. If, after giving notice of deter- mination to quit, the tenant neglects or refuses to deliver up the premises, he shall be liable to double the rent agreed-upon, to be collected the same as single rent. MARKS AND BRANDS. Every Town Clerk shall, on application of any person residing in his town, record a description of the marks ^r brands with which such person may be desirous of marking his horses, cattle, sheep or hogs ; but the same description shall not be recorded or used by more than one resident of the same town. If any person shall mark any of his horses, cattle, sheep 282 HISTOKY OF WISCONSIN. or hogs, with the same mark or brand previously recorded by any resident of the same town, and while the same mark or brand shall be'used by such resident, he shall forfeit for every such offense $5 ; if any person shall willfully mark or brand any of the horses, cattle, sheep or hogs, of any other person with his mark or brand, he shall forfeit for every such offense $10 ; and, if any person shall willfully destroy or alter any mark or brand upon any of the horses, cattle, sheep or hogs of another, he shall forfeit f 10, and pay to the party injured double damages. SURVEYORS AND SURVEYS, A County Surveyor is elected every two years. The surveyor may appoint and remove deputies at will, on filing a certificate thereof with the County Clerk. He shall be responsible on his bond for the faithful performance by every deputy of his duties. It shall be the duty of the County Surveyor : (1.) To execute, himself or by his deputy, any survey which may be required of him by order of court, or upon application of any individual or corporation. (2.) To make a record of the plat and field notes of each survey made by him or his deputies, in record books kept therefor, and to so arrange or index the same as to be easy of reference, and to file and preserve in his ofiice the original field notes and calculations thereof (3.) To safely keep all books, records, plats, files, papers and property belonging to his ofiice ; afford opportunity to examine the same to any person desiring, and deliver the same to his successor in ofiice. (4.) To furnish a copy of any record, plat or paper in his ofiice, to any person on demand and payment of his legal fees therefor. (5.) To administer to every X3hainman and marker assisting in any survey, before com- mencing their duties as such, an oath or afiirmation faithfully and impartially to discharge the duties of chainman or marker, as the case may be ; and the surveyor and his deputies are empowered to administer the same. (6.) To perform such other duties as may be required by law. The surveyor and his deputies may demand and receive the following fees, except it be other- wise agreed upon with the parties employing them, to wit : For each day's service, $3. For each mile traveled in going from his office to the place of rendering service and return- ing, 10 cents. For plat and certificate, except town plats, 50 cents. For recording a survey, 50 cents. For each chainman and marker necessarily employed, $1.50 per day, unless they be fur- nished by the person for whom the survey is made. For making a copy, 10 cents a folio, and 25 cents for his certificate. SUPPORT OF THE POOR. Every town shall relieve and support all poor and indigent persons lawfully settled therein, whenever they shall stand in need thereof, excepting as follows: The father, mother and children, being of sufiicient ability, of any poor person, who is Wind, old, lame, impotent or decrepit, so as to be unable to maintain himself, shall, at their own charge, relieve and maintain such poor person in such manner as shall be approved by the Super- visors of the town where such person may be, and, upon the failure o£ any such relative so to do, the Supervisors shall apply to the County Judge for an order to compel such relief Legal settlement may be acquired by one year's residence in a town of this State. ABSTRACT OF LAWS. 283 MARRIED WOMEN. In Wisconsin, the marriage of a femme sole, executrix or administratrix, extinguishes her authority ; and of a female ward, terminates the guardianship as to custody of person, but not as to estate. The husband holds his deceased wife's lands for life, unless she left, by a former husband, issue to whom the estate might descend. Provisions exist by which powers may be given to married women, and regulating their execution of them. If husband and wife are impleaded, and the husband neglects to defend the rights of the wife, she applying before judg- ment, may defend without him; and, if he lose her land, by default, she may bring an action for ejectment after his death. The real estate of female? married before, and the real and per- sonal property of those after February 21, 1850, remain their separate property. And any married woman may receive, but not from her husband, and hold any property as if unmarried. She may insure the life of her husband, son, or any other person, for her own exclusive benefit. The property of the wife remains to her separate use, not liable for her husband's debts, and not subject to his disposal. She may convey her separate property. If her husband desert her, or neglect her, she may become a sole trader; and she may insure his life for her benefit. Her husband is not liable for her debts contracted before marriage ; the individual earnings of the wife are her separate property, and she may sue, and be sued alone, in regard to the same. She may make and hold deposits in savings-banks. She may, by a separate conveyance, release her dower in any lands which her husband has conveyed. If a woman has authority, she can transact all her husband's business for him ; and while they live together, the wife can buy all family things necessary for the support of the family, and for which he is liable. The husband is responsible for necessaries supplied to his wife, if he does not supply them himself ; and he continues so liable, if he turns her out of his house, or otherwise separates him- self from her without good cause. But he is not so liable, if she deserts him (unless on extreme provocation), or if he turns her away for good cause. If she leaves him, because he treats her so ill, that she has good right to go from him, this is the same thing as turning her away, and she carries with her his credit for all necessaries supplied to her ; but what the misconduct must be, to give this right, is uncertain. In America tlie law must be, and undoubtedly is, that the wifp is not obliged to stay and endure cruelty and indecency. If a man lives with a woman as his wife, and represents her to be so, he is responsible, the same as if she were his wife, even if it is known that she is not his wife. ACTIONS. All distinctions have been abolished, and there is now but one form, which must be prose- cuted in the name of the real party in interest, except in case of executors, administrators and trustees, and which is begun by the service of a summons on the defendant, to be answered within twenty days. ARREST. Defendant may be arrested : 1. In an action to recover damages not on contract, where the defendant is a non-resident, or is about to remove from the State, or where the action is for injury to the person or character, or for injury to, or wrong taking, detaining or converting property, or in an action to recover damages for property taken under false pretenses. 2. In an action for a fine or penalty or for money received or property embezzled or fraudulently misapplied by a public officer or attorney, solicitor, or counsel or officer of a corpora- tion as such, or factor agent or broker, or for misconduct or neglect in official or professional employment. 3. In an action to recover property unjustly detained where it is so concealed that the Sheriff, cannot find the same. 284 - HISTORY OF WISCONSIN. 4. Where the defendant was guilty of fraud in contracting the debt, or in concealing or disposing of the property for the taking, detaining or disposing of which the action is brought. An affidavit must be made on the part of the plaintiff, stating the cause of action and one of the above causes. ATTACHMENT is allowed on an affidavit that the defendant is indebted to plaintiff, and stating the amount and that it is due on contract ; and, 1. That defendant has absconded, or is about to abscond, or is concealed to the injury of his creditors. 2. That defendant has assigned, disposed or concealed his property or is about to do so with intent to defraud creditors. 3. That the defendant has removed, or is about to remove, his property from the State with intent to defraud creditors. 4. That the debt was fraudulently contracted. 5. That he is a non-resident. 6. Or a foreign corporation. 7. That he has fraudulently conveyed or disposed of his property with intent to defraud creditors. The amount sued for must exceed GARNISHMENT is allowed on an affidavit on behalf of the creditor, that he believes that any third person (naming him) has property effects, or credits of defendant, or is indebted to him, also in execution, on a similar affidavit. JUDGMENT is a lien on real estate in the county where rendered from the date of docketing, and in other counties from the time of filing a transcript, and the lien continues for ten years. It bears interest at 7 per cent, or as high as 10 per cent if stipulated for in the contract. STAY LAWS. In Justices' Courts, on giving bond with surety within five days after judgment was ren- dered, stay of execution is allowed, as follows : On sums not exceeding $10, exclusive of costs, one month ; between $10 and $30, two months ; between $30 and $50, three months ; over $50, four months. EXEMPTIONS. A homestead not exceeding forty acres, used for agriculture and a residence, and not included in a town plat or a city or village ; or, instead, one-quarter of an acre in a recorded town plat, city or village. Also, 1, Family Bible ; 2, Family pictures and school-books ; 3, Private library ; 4, Seat or pew in church ; 5, Right of burial ; 6, Wearing-apparel, beds, bed- steads and bedding, kept and used in the family, stoves and appurtenances, put up and used, cooking utensils and household furniture to the value of $200, one gun, rifle or fire-arm to the value of $50 ; 7, Two cows, ten swine, one yoke of oxen and one horse or mule, or, in lieu thereof, a span of horses or mules, ten sheep and the wool therefrom, necessary food for exempt stock for one year, provided or growing or both, one wagon, cart or dray, one sleigh, one plow, one drag and other farm utensils, including tackle for the teams to the value of $50 ; 8, Provis- ions and fuel for the family for one year ; 9, Tools and implements or stock-in-trade of a ABSTRACT OF LAWS. 285 mechanic or miner, used and kept, not exceeding §200 in value, library and implements of a professional man to the value of $200 ; 10, Money arising from insurance of exempt property destroyed by fire; 11, Inventions for debts against the inventor; 12, Sewing-machines; 13, Sword, plate, books or articles presented by Congress or Legislature of a State; 14, Printing- material and presses to the value of $1,500 ; 15, Earnings of a married person necessary for family support for sixty days previous to issuing process. LIMITATIONS OF ACTIONS. Real actions, twentyyears ; persons under disabilities, five years after removal of the same. Judgments of Courts of Record of the State of Wisconsin and sealed instruments when the cause accrues within the State, twenty years. Judgments of other Courts of Record and sealed instruments accruing without the State, ten years. Other contracts, statute liabilities other than penalties and forfeitures, trespass on real property, trover detinue and replevin, six years. Actions against Sheriffs, Coroners and Constables, for acts done in their ofiBcial capacity, except for escapes, three years. Statutory penalties and forfeitures, libel, slander, assault, battery and false imprisonment, two years. Actions against Sheriffs, etc., for escapes, one year. Persons under disabilities, except infants, may bring action after the disability ceases, provided the period is not extended more than five years, and infants one year after coming of age. Actions by representatives of deceased persons, one year from death ; against the same, one year from granting letters testamentary or of administration. New promise must be in writing. COMMERCIAL TERMS. $ — Means dollars, being a contraction of U. S., which was formerly placed before any denomination of money, and meant, as it means now, United States currency. £ — Means pounds, English money. , @ — Stands for at or to; Vh for pounds, and bbl. for barrels ; '^ for per, or by the. Thus : Butter sells at 20@30c ^ ft, and Flour at |8@12"^ bbl. % for per cent., and # for numbers. May 1. Wheat sells at $1.20@|1.25, " seller June." Seller June means that the person who sells the wheat hals the privilege of delivering it at ajiy time during the month of June. Selling short is contracting to deliver a certain amount of grain or stock at a fixed price, within a certain length of time, when the seller has not the stock on hand. It is for the interest of the person selling short to depress the market as much as possible, in order that he may buy and fill his contract at a profit. Hence the "shorts" are termed "bears." Buying long is to contrive to purchase a certain amount of grain or shares of stock at a fixed price, deliverable within a stipulated time, expecting to make a profit by the rise in prices. The "longs" are termed " bulls," as it is for their interest to "operate " so as to " toss " the prices upward as much as possible. SUGGESTIONS TO THOSE PURCHASING BOOKS BY SUBSCRIPTION. The business of publishing books by subscription having so often been brought into disre- pute by agents making representations and declarations not authorized by the publisher, in order to prevent that as much as possible, and that there may be more general knowledge of the relation such agents bear to their principal, and the law governing such cases, the following statement is made: A subscription is in the nature of a contract of mutual promises, by which the subscriber agrees to pay a certain sum for the work described ; the consideration is concurrent that the publisher shall publish the book named, and deliver the same, for which the subscriber is to pay the price named. The nature and character of the work is described by the prospectus and sample shown. These should be carefully examined before subscribing, as they are the 286 HISTORY OF WISCONSIN. basis and consideration of the promise to, pay, and not the too often exaggerated statements of the agent, who is merely employed to solicit subscriptions, for which he is usually paid a com- mission for each subscriber, and has no authority to change or alter the conditions upon which the subscriptions are authorized to be made by the publisher. Should the agent assume to agree to make the subscription conditional or modify or change the agreement of the publisher, as set out by the prospectus and sample, in order to bind the principal, the subscriber should see that such condition or changes are stated over or in connection with his signature, so that the publisher may have notice of the same. All persons making contracts in reference to matters of this kind, or any other business, should remember that the law as written is, that they cannot be altered, varied or rescinded verbally, but, if done at all, must be done in writing. It is therefore important that all persons contemplating subscribing should distinctly understand that all talk before or after the sub- scription is made, is not admissible as evidence, and is no part of the contract. Persons employed to solicit subscriptions are known to • the trade as canvassers. They are agents appointed to do a particular business in ft prescribed mode, and 'have no authority to do it in any other way to the prejudice of their principal, nor can they bind their principal in any other matter. They cannot jjollect money, or agree that payment may be made in anything else but money. They cannot extend the time of payment beyond the time of deli v'ery. nor bind their principal for the payment of expenses incurred in their business. It would save a great deal of trouble, and often serious loss, if persons, before signing their names to any subscription book, or any written instrument, would examine carefully what it is ; if they cannot read themselves call on some one disinterested who can. CONSTITUTION OF THE STATE OF WISCONSIN. CONDENSED. PREAMBLE. We, the People of Wisconsin, grateful to Almighty G-od for our freedom ; in order to secure its blessings, form a more perfect government, insure domestic tranquillity, and promote the general welfare, do establish this Constitution. Article I. PBCLARATION OF RIGHTS. Section 1. All men are born free and independent, and have, among other rights, those of life, liberty and pursuit of happiness. -Governments are instituted to secure these rights. Sec. 2. There shall be neither slavery nor involuntary servitude, except for the punish- ment of crimes. Sec. 3. Liberty of speech and of the press shall not be abridged. Sec. 4. The right of the people to peaceably assemble to consult for the common good shall never be abridged. Sec. 5. The right of trial by jury shall remain inviolate. Sec. 6. Excessive bail shall not be required, nor excessive fines imposed, nor cruel pun- ishments inflicted. Sec. 7. In criminal prosecutions, the rights of the accused shall be protected. Sec. 8. Criminal offenses shall be prosecuted on presentment of a grand jury. No one shall be twice put in jeopardy for the same offense, nor be compelled to be a witness against himself Every one shall have the right of giving bail except in capital offenses ; and the writ of habeas corpus shall not be suspended, except in case of rebellion or invasion. Sec. 9. Every person is entitled to a certain remedy for all injuries or wrongs. Sec. 10. Treason consists in levying war against the State, or giving aid and comfort to its enemies. Two witnesses are necessary to convict a person of the crime. Sec. 11. The people are to be secure against unreasonable searches and seizures. Sec. 12. Bills of attainder, ex post facto laws, or laws impairing obligation of contracts, shall never be passed. Sec. 13. No property shall be taken for public use without compensation. Sec. 14. All laws in the State are allodial. Feudal tenures are prohibited. Sec. 15. The rights of property are the same in resident aliens and citizens. Sec. 16. No person shall be imprisoned for debt. Sec. 17. Wholesome exemption laws shall be passed. Sec. 18. Liberty of conscience and rights of worship shall never be abridged. The public money shall never be applied to sectarian uses. Sec. 19. No religious test shall ever be required as a qualification for any oflBce. 287 288 HlSTOfiY OF WISCONSIN. Sec. 20. The military shall be in strict subordination to the civil power. Sec. 21. Writs of error shall never be prohibited by law. Sec. 22. A free government can only be maintained by adhering to justice, moderation, temperance, frugality and virtue. Article il. BOUNDARIES. Section 1. The boundary of the State, beginning at the northeast corner of the State of Illinois, runs with the boundary line of Michigan, through Lake Michigan and Green Bay, to the mouth of the Menominie River ; up that stream and the Brule River to Lake Brule ; along the southern shore of that lake to the Lake of the Desert ; thence in a direct line to the head of Montreal River ; down the main channel of that stream to the middle of Lake Superior ; thence through the center of said lake to the mouth of St. Louis River ; up the channel of that stream to the first rapids ; thence due south to the main branch of the St. Croix ; down that river and the Mississippi to the northwest corner of Illinois ; thence due east with the northern boundary of that State to the place of beginning. Sec. 2. The propositions in the enabling act of Congress are accepted and confirmed. Article III. SUFFRAGE. Section 1. The qualified electors are all male persons twenty-one years of age or upward, who are (1.) white citizens of the United States ; (2.) who are white persons of foreign birth that have declared their intentions, according to law, to become citizens ; (3) who are persons of Indian blood and citizens of the United States ; and (4.) civilized. Indians not members of any tribe. Sec. 2. Persons under guardianship, such as are non compus mentis or insane, and those convicted of treason and felony and not pardoned, are not qualified electors. Sec. 3. All votes shall be by ballot, except for township ofiicers when otherwise directed by law. Sec. 4. No person shall be deemed to have lost his residence by reason of his absence on business for the State or United States. Sec. 5. No person in the army or navy shall become a resident of the State in conse- quence of being stationed therein. Sec. 6. Persons convicted of bribery, larceny or any infamous crime, or those who bet on elections, may be excluded by law from the right of suflrage. Article IV. legislative. Section 1. The Legislative power is vested in a Senate and Assembly. Sec. 2. Members of the Assembly shall never number less than fifty-four, nor more than one hundred ; of the Senate, not more than one-third, nor less than one-fourth of the mem- bers of the Assembly. Sec. 3. . Census shall be taken, every ten years, of the inhabitants of the State, beginning with 1855, when a new apportionment of members of the Senate and Assembly shall be made ; also, after each United States census. Sec. 4. Members of the Assembly shall be chosen on the Tuesday succeeding the first Monday of November of each year. Sec. 5. Members of the Senate shall be elected for two years, at the same time and in the same manner as members of the Assembly. CONSTITUTION OF THE STATE OF WISCONSIi'^. 289 Sec. 6. No person shall be eligible to the Legislature, unless a resident of the State one year, and a qualified elector. Sec. 7. Each House shall be the judge of the qualifications of its members. A majority shall be necessary to form a quorum. Sec. 8. Each House shall make its own rules. Sec. 9. Each House shall choose its own officers. Sec. 10. Each House shall keep a journal of its proceedings. Sec. 11. The Legislature shall meet at the seat of government once a year. Sec. 12. No member shall be eligible to any other civil office in the State, during the term for which he was elected. Sec. 13. No member shall be eligible to any office of the United States, during the term for which he was elected. Sec. 14. Writs of election, to fill vacancies in either House, shall be issued by the Gov- ernor. Sec. 15. Except treason, felony and breach of the peace, members are privileged from arrest in all cases ; nor subject to any civil process during a session. Sec. 16. Members are not liable for words spoken in debate. Sec. 17. The style of all laws shall be, " The people of the State of Wisconsin rep- resented in Senate and Assembly, do enact as follows : " Sec. 18. Private or local bills shall not embrace more than one subject. Sec. 19. Bills may originate in either House, and a bill passed by one House may be amended by the other. Sec. 20. Yeas and nays, at the request of one-sixth of the members present, shall be entered on the journal. Sec. 21. [Each member shall receive, as an annual compensation, three hundred and fifty dollars and ten cents for each mile traveled in going to and returning from the seat of gov- ernment]. As amended in 1867. Sec. 22. Boards of Supervisors may be vested with powers of a local, legislative and administrative character, such as shall be conferred by the Legislature. Sec. 23. One system only, of town and county government, shall be established by the Legislature. Sec. 24. The Legislature shall never authorize any lottery, or grant any divorce. Sec. 25. Stationery, for State use and State printing, shall be let by contract to the low- est bidder. Sec. 26. Extra compensation to any public oiBcer shall not be granted after service is rendered, nor shall his compensation be increased or diminished during his term of office. Sec. 27. The Legislature shall direct, by law, in what manner and in what Courts suits against the State may be brought. Sec. 28. Public officers shall all take an oath of office. Sec. 29. The Legislature shall determine what persons shall constitute the militia, and may provide for organizing the same. Sec. 30. Members of the Legislature shall vote viva voce in all elections made by them. Sec. 31. [Special legislation is prohibited (1) for changing the names of persons, or con- stituting one person the heir-at-law of another ; (2) for laying out, opening or altering high- ways, except in certain cases ; (3) for authorizing persons to keep ferries ; (4) for authorizing the sale of the property of minors ; (5) for locating a county seat ; (6) for assessment of taxes ; (7) for granting corporate powers, except to cities ; (8) for apportioning any part of the school fund ; and (9) for incorporating any town or village, or to award the charter thereof]. Added by amendment, in 1871. / Sec. 32. [General laws shall be passed for the transaction of any business prohibited by Section 21 of this Article.] Added by amendment, in 1871. *290 HISTORY or WISCONSIN. Article V. Section 1. The executive power shall be vested in a Governor, who shall hold his office two years. A Lieutenant Governor shall be elected at the same time and for the same term. S£C. 2. Governor and Lieutenant Governor must be citizens of the United States, and qualified electors of the State. Sec. 3. Governor and Lieutenant Governor are elected at the times and places of choosing members of the Legislature. Sec. 4. The Governor shall be (1) commander-in-chief of the military and naval forces of the State ; (2) he has power to convene the Legislature in extra session ; (3) he shall communi- cate to the Legislature all necessary information ; (4) he shall transact all necessary business with the ofiScers of the State ; and (6) shall expedite all legislative measures, and see that thp laws are faithfully executed. Sec. 5. [The Governor's salary shall be five thousand dollars per annum.] As amended in 1869. Sec. 6. The Governor shall have power to grant reprieves and pardons. Sec. 7. The executive duties shall devolve upon the Lieutenant Governor when, from any cause, the executive ofiice is vacated by the Governor. Sec. 8. The Lieutenant Governor shall be President of the Senate. The Secretary of State shall act as Governor when both the Governor and Lieutenant Governor are incapacitated from any causes to fill the executive office. Sec. 9. [The Lieutenant Governor shall receive a salary of one thousand dollars per annum.] As amended in 1869. Sec. 10. All legislative bills shall be presented to the Governor for his signature before they become laws. Bills returned by the Governor -without his signature may become laws by agreement of two-thirds of the members present in each house. Article VI. ADMINISTRATION. Section 1. A Secretary of State, Treasurer and Attorney General shall be elected at the times and places of choosing members of the Legislature, who shall severally hold their- offices for two years. Sec. 2. The Secretary of State shall keep a record of the official acts of the Legislature and Executive Departtnent. He shall be ex officio Auditor. Sec. 3. The powers, duties and compensation of the Treasurer and Attorney General shall be prescribed by law. Sec. 4. Sheriffs, Coroners, Registers of Deeds and District Attorneys shall be elected every two years. / Article VII. judiciary. Section 1. The Senate shall form the Court of Impeachment. Judgment shall not extend further than removal from office ; but the person impeached shall be liable to indictment, trial and punishment, according to law. Sec. 2. The judicial power of the State is vested in a Supreme Court, Circuit Courts, Courts of Probate, and in Justices of the Peace. Municipal courts, also, may be authorized. Sec. 3. The Supreme Court shall have appellate jurisdiction only. Trial by jury is not allowed in any case. The Court shall have a general superintending control over inferior courts, and power to issue writs of habeas corpus, mandamus, injunction, quo warranto, certiorari, and other original and remedial writs. CONSTITUTION OF THE STATE OF WISCONSIN. 293 Sko. 4. [The Supreme Court shall consist of one Chief Justice, and four Associate Justices, each for the term often years J As amended in 1877. Sec. 5. The State shall be divided into five Judicial Circuits. Sec. 6. The Legislature may alter the limits or increase the number of the circuits. Sec. 7. There shall be a Judge chosen for each Circuit, who shall reside therein ; his term of oflBce shall be six years. Sec. 8. The Circuit Courts shall have original jurisdiction in all matters civil and crim- inal, not excepted in this Constitution, and not prohibited hereafter by law, and appellate juris- diction from all inferior courts. They shall have power to issue writs of habeas corpus, man- damus, injunction, quo warranto, certiorari, and all other writs necessary to carry their orders and judgments into effect. Sec. 9. Vacancies in the oflSce of Supreme or Circuit Judge shall be filled by the Gover- nor. Election for Judges shall not be at any general election, nor within thirty days before or after said election. Sec. 10. Judges of the Supreme and Circuit Courts shall receive a salary of not less than one thousand five hundred dollars, and shall hold no other office, except a judicial one, during the term for which they are respectively elected. Each Judge shall be a citizen of the United States, and have attained the age of twenty-five years. He shall also be a qualified elector within the jurisdiction for which he may be chosen. Sec. 11. The Supreme Court shall hold at least one term annually. A Circuit Court shall be held at least "twice in each year, in each county of this State organized for judicial pur- poses. Sec. 12. There shall be a Clerk of the Circuit Court chosen in each county, whose term of office shall be two years. The Supreme Court shall appoint its own Clerk. Sec. 13. Any Judge of the Supreme or Circuit Court may be removed from office by vote of two-thirds of all the members elected to both Senate and Assembly. Sec. 14. A Judge of Probate shall be elected in each county, who shall hold his office for two years. Sec. 15. Justices of the Peace shall be elected in the several towns, villages and cities of the State, in such manner as the Legislature may direct, whose term of office shall be two years. Their civil and criminal jurisdiction shall be prescribed by law. Sec. 16. Laws shall be passed for the regulation of tribunals of conciliation. These may he established in and for any township. Sec. 17. The style of all writs and process shall be " The State of Wisconsin." Criminal prosecutions shall be carried on in the name and by authority of the State ; and all indictments shall conclude against the peace and dignity of the same. Sec. 18. A tax shall be imposed by the Legislature on all civil suits, which shall consti- tute a fund, to be applied toward the payment of the salary of Judges. Sec. 19. Testimony in equity causes shall be taken the same as in cases at law. The office of Master in Chancery is prohibited. Sec. 20. Any suitor may prosecute or defend his case in his own proper person, or by attorney or agent. Sec. 21. Statute laws and such judicial decisions as are deemed expedient, shall be pub- lished. No general law shall be in force until published. Sec. 22. The Legislature at its first session shall provide for the appointment of three Commissioners to revise the rules of practice in the several Courts of Record in the State. Sec." 23. The Legislature may confer judicial powers on one or more persons in each organized county of the State. Powers granted to such Commissioners shall not exceed that of a Judge 01 a Circuit Court at chambers. 294: HISTORY OF WISCONSIN. Article VIII. FINANCE. Section 1. Taxation shall be uniform, and taxes shall be levied upon such property as the Legislature may prescribe. Sec. 2. [No money shall be paid out of the treasury except in pursuance of an appro, priation by law. Claims made against the State must be filed within six years after having accrued.] As amended in 1877. Sec. 3. The credit of the State shall never be given or loaned in aid of any individual, association or corporation. Sec. 4. The State shall never contract any public debt, except in the cases and manner provided in this Constitution. Sec. 5. A tax shall be levied each year sufficient to defray estimated expenses. Sec. 6. Debts not to exceed one hundred thousand dollars may be contracted by the State, which shall be paid within five years thereafter. Sec. 7. The Legislature may borrow money to repel invasion, suppress insurrection or defend the State in time of war. Sec. 8. All fiscal laws in the Legislature shall be voted on by yeas and nays. Sec. 9. State scrip shall not be issued except for such debts as are authorized by the sixth and seventh sections of this article. Sec. 10. No debt for internal improvements shall be contracted by the State. Article IX. EMINENT DOMAIN AND PROPERTY OF THE STATE. Section 1. The State shall have concurrent jurisdiction on all rivers and lakes border- ing on Wisconsin. Sec. 2. The title to all property which has accrued to the Territory of Wisconsin shall vest in the State of Wisconsin. Sec. 3. The ultimate property in and to all lands of the State is possessed by the people. Article X. EDUCATION. Section 1. The supervision of public instruction shall be vested in a State Superintend- ent and such other officers as the Legislature shall direct. The annual compensation of the State Superintendent shall not exceed twelve hundred dollars. Sec. 2. The school fund to support and maintain common schools, academies and nor- mal schools, and to purchase apparatus and libraries therefor, shall be created out of (1) the proceeds of lands from the United States; (2) out of forfeitures and escheats; (3) out of moneys paid as exemptions from military duty ; (4) out of fines collected for breach of penal laws; (5) out of any grant to the State where the purposes of such grant are not specified; (6) out of the proceeds of the sale of five hundred thousand acres of land granted by Congress Sep- tember 14, 1841 ; and (7) out of the five per centum of the net proceeds of the public lands to which the State shall become entitled on her admission into the Union (if Congress shall con- sent to such appropriation of the two grants last mentioned.) Sec. 3. District schools shall be established by law which shall be free to all children be- tween the ages of four and twenty years. No sectarian instruction shall be allowed therein. Sec. 4. Each town and city shall raise for common schools therein by taxation a sum equal to one-half the amount received from the school fund of the State. COKSTITUTIO^T OF THE STATE OF AVISCONSIK. 295 Sec. 5. Provisions shall be made by law for the distribution of the income of the schools fund among the several towns and cities for the support of common schools therein ; but no appropriation shall be made when there is a failure to raise the proper tax, or when a school shall not have been maintained at least three months of the year. Sec. 6. Provision shall be made by law for the establishment of a State University. The proceeds of all lands granted for the support of a university by the United States shall consti- tute "the University fund," the interest of which shall be appropriated to the support of the State University. No sectarian instruction shall be allowed in such university. Sec. 7. The Secretary of State, Treasurer and Attorney General shall constitute a Board of Commissioners to sell school and university lands and for the investments of the proceeds thereof. Sec. 8. School and university lands shall be appraised and sold according to law. The Commissioners shall execute deeds to purchasers, and shall invest the proceeds of the sales of such lands in such manner as the Legislature shall provide. Article XL CORPORATIONS. Section 1. Corporations without banking powers 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. Sec. 2. No municipal corporation shall take private property for public use, against the consent of the owner, except by jury trial. Sec. 3. Cities and incorporated villages shall be organized, and their powers restricted by law 80 as to prevent abuses. [No county, city, town, village, school district, or other municipal corporation, shall become indebted to exceed five per centum on the value of the taxable property therein.] As amended in 1874. Sec. 4. Banks shall not be created except as provided in this article. Sec. 5. The question of " bank " or '• no bank " may be submitted to the voters of the State; and if a majority of all the votes cast shall be in favor of banks, the Legislature shall have power to grant bank charters, or pass a general banking law. Article XII. Section 1. Amendments to the Constitution may be proposed in either house of the Legis- lature, and referred to the next Legislature and published for three months previous. If agreed to by a majority of all the members elected to each house, then the amendment or amendments shall submit them to the vote of the people ; and if the people shall approve and ratify such amendment or amendments, they shall become a part of the Constitution. Sec. 2. If a convention to revise or change the Constitution shall be deemed necessary by the Legislature, they shall recommend to the electors of the State to vote at the next general election for or against the same. If the vote shall be for the calling of such convention, then the Legislature, at its next session, shall provide for the same. Article XIII. miscellaneous provisions. Section 1. The political year for Wisconsin shall commence on the first Monday in Jan- uary in each year. General elections shall be holden on the Tuesday succeeding the first Monday in November. Sec. 2. A duelist shall not be qualified as an elector in this State. Sec. 3. United States officers (except Postmasters), public defaulters, or persons convicted of infamous crimes, shall not be eligible to office in this State. 296 HISTORY OF WISCONSIN. Sec. 4. A great seal for the State shall be provided, and all official acts of the Governor (except his approbation of the laws), shall be authenticated thereby. Sec. 6. Residents on Indian lands may vote, if duly qualified, at the polls nearest their residence. Sec. 6. 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. Sec. 7. No county with an area of nine hundred square miles or less, shall be divided without submitting the question to the vote of the people of the county. Sec. 8. [The Legislature is prohibited from enacting any special or private laws, for locating or changing any county seat.] See amendment adopted in 1871, as Sec. 31 (Subdivision 5) of Art. IV. Sec. 9. Officers not provided for by this Constitution shall be elected as the Legislature shall direct. Sec. 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. Article XIV. schedule. Section 1. All rights under the Territorial governmeht are continued under the State government. Territorial processes are valid after the State is admitted into the Union. Sec. 2. Existing laws of the Territory of Wisconsin not repugnant to this Constitution shall remain in force until they expire by limitation or are altered or repealed. Sec. 3. All fines, penalties or forfeitures accruing to the Territory of Wisconsin shall inure to the use of the State. Sec. 4. Territorial recognizances, bonds and public property shall pass to and be vested in the State. Criminal prosecutions, oiFenses committed against the laws, and all actions at law and suits in equity in the Territory of Wisconsin shall be contained in and prosecuted by the State. Sec. 5. Officers holding under authority of the United States or of the Territory of Wis- consin shall continue in office until superseded by State authority. Sec. 6. The first session of the State Legislature 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 by law. Sec. 7. Existing county and town officers shall hold their offices until the Legislature of the State shall provide for the holding of elections to fill such offices. Sec. 8. A copy of this Constitution shall be transmitted to the President of the United States to be laid before Congress at its present session. Sec. 9. This Cqnstitution shall be submitted to the vote of the people for ratification or rejection on the second Monday in March next. If ratified, an election shall be held for Grovernor, Lieutenant Governor, Treasurer, Attorney General, members ot the State Legisla- ture and members of Congress, on the second Monday of May next. Sec. 10. [^Omitted. See Section 1, Chapter 3, Acts of Extra Session of 1878.] Sec. 11. The several elections provided for in this Article shall be conducted according to the existing laws of the Territory of Wisconsin. Sec. 12. [Omitted. See Section 1, Chapter 3, Acts of Extra Session of 1878.] Sec. 13. The common law in force in the Territory of Wisconsin shall continue in force in the State until altered or suspended by the Legislature. Sec. 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 their duties on the first Monday of June next, and hold their offices for one year from the first Monday of January next. The Senators first elected in the odd-numbered districts and the CONSTITUTION OF THE UNITED STATES. 297 members of the Assembly first elected shall enter upon their duties on the first Monday of June next, and continue in office until the first Monday in January next. Sec. 15. The oath of office may be administered by any Judge or Justice of the Peace, until the Legislature shall otherwise direct. We, the undersigned, members of the Convention to form a Constitution 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 1st day of Feb- ruary, A. D. 1848. Morgan L. Martin, President of the Convention and Delegate from Brown County. Thomas McHugh, Secretary. CONSTITUTION OF THE UNITED STATES. CONDETiTSEr). PBE AMBLE. We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. ARTICLE I. Section 1. All legislative powers herein granted shall be vested in a Congress, which shall consist of a Senate and House of Representatives. Sec. 2. The House of Representatives shall be composed of members chosen every second year by the people of the States, and electors shall have qualifications for electors of the most numerous branch of the State Legislature. Representatives must be twenty-five years of age, and must have been seven years citizens of the United States, and inhabitants of the State in which they shall be chosen. Representatives and direct taxes shall be apportioned among the several States according to population, which shall be determined by adding to the whole number of free persons, including apprentices and excluding Indians not taxed, three-fifths of all other persons. The enumeration shall be made within three years after the first meeting of Congress, and every ten years there- after in such manner as Congress shall by law direct. States shall have one Representative only for each thirty thousand, but each State shall have at least one Representative ; and until such enumeration shall be made. New Hampshire shall choose three ; Massachusetts, eight ; Rhode Island, one ; Connecticut, five ; New York, six ; New Jersey, four ; Pennsylvania, eight ; Del- aware, one ; Maryland, six ; Virginia, ten ; North Carolina, five ; South Carolina, five, and Georgia, three. Vacancies in the representation from any State shall be filled by elections, ordered by the executive authority of the State. 298 HISTORY OF WISCONSIN. The House of Representatives shall choose their Speaker and other officers, and shall have the sole power of impeachment. Sec. 3. The Senate shall be composed of two Senators from each State, chosen by the Legislature thereof for six years ; and each Senator shall have one vote. Senators shall be divided as equally as may be into three classes immediately after assem- bling, in consequence of the first election. The first class shall vacate their seats at the expira- tion of the second year ; the second class, at the expiration of the fourth year, and the third class, at the expiration of the sixth year, so that one- third may be chosen every second year; and vacancies happening by resignation or otherwise during the recess of the Legislature of any State may be filled by temporary appointments of the Executive until the next meeting of the Legislature. All Senators shall have attained the age of thirty years, and shall have been nine years citizens of the United States, and shall be inhabitants of the State for which they shall be chosen. The Vice President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided. The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice President, or when he shall exercise the office of President. T^e Senate shall have the sole power to try impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President is tried, the Chief Justice shall pre- side, and concurrence of two-thirds of the memibers present shall be necessary to conviction. Judgment in cases of impeachment shall be limited to removal from office and disqualifica- tion to hold any office under the United States ; but the party convicted shall be liable to trial and punishment according to law. Sec. 4. The Legislature of each State shall prescribe the times, places and manner of holding elections for Senators and Representatives, but Congress may make or alter such regu- lations, except as to the place of choosing Senators. Congress shall assemble annually, on the first Monday in December, unless a different day be appointed. Sec. 5. 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 attendance of absent members, under penalties. Each House may determine its own rules of proceeding, punish its members, and, by a two- thirds vote, expel a member. Each House shall keep a journal, which shall be published at their discretion, and one-fifth of those present may require the yeas and nays to be entered on the journal. Neither House shall adjourn for more than three days without the consent of the other, nor to any other place than that in which they are sitting. Sec. 6. The compensation of Senators and Representatives shall be fixed by law, and paid out of the Treasury of the United States. They shall be privileged from arrest during attendance at the session oL their respective Houses, except for treason, felony and breach of the peace, and shall not be questioned in any other place for any speech or debate in either House. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the United States which shall have been created or the emoluments whereof shall have been increased during such time ; and no person holding office under the United States shall be a member of either House during his continuance in office. Sec. 7. All bills for raising revenue shall originate in the House of Representatives, but may be amended by the Senate. Every bill passed by the House of Representatives and the Senate shall, before it becomes a law, be presented to the President ; if he approve, he shall sign it ; but if not, he shall return CONSTITUTION OF THE UNITED STATES. 299 it with his objections, to that House in which it originated, who shall enter the objections on their journal and proceed to reconsider it. If, after reconsideration, two-thirds shall agree to pass the bill, it shall be sent, with the objections, to the-other House, and, if approved by two- thirds of that House, it shall become a law. But in all such cases, the yeas and nays shall be taken, and entered upon the journal of each House, respectively. Any bill not returned by the President within ten days (Sundays excepted) after it shall have been presented to him, shall be a la^, as if he had signed it, unless Congress, by adjournment, shall prevent its return, in which case it shall not be a law. Every order, resolution or vote requiring the concurrence of the Senate and House of Rep- resentatives (except a question of adjournment), shall be approved by the President before tak- ing effect ; or, being disapproved by him, shall be repassed by a two-thirds vote of each House, as in the case of a bill. Sec. 8. . Congress shall have power : To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States ; but all duties, imposts and excises shall be uniform throughout the United States ; To borrow money on the public credit ; To regulate commerce with foreign nations, and among the several States and with the Indian tribes ; To establish a uniform rule of naturalization, and uniform laws on the subject of bank- ruptcies ; To coin money, regulate the value thereof and foreign coin, and fix the standard of weights and measures ; To provide for the punishment of counterfeiting the securities and current coin of the United States ; To establish post offices and post roads ; To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries ; To constitute tribunals inferior to the Supreme Court ; To define and punish piracies and felonies committed on the high seas, and offenses against the laws of nations ; To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water ; To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years ; To provide and maintain a navy ; To make rules for the government and regulation of the land and naval forces ; To provide for calling forth the militia to execute the laws of the Union, suppress insur- rection and repel invasions ; To provide for organizing, arming and disciplining the militia, and for governing such parts of them as may be employed in the service of the United States — ^the several States to appoint the officers and to train the militia according to the discipline prescribed by Congress ; To exercise exclusive legislation, in all cases, over the seat of Government, and over all forts, magazines, arsenals, dock -yards and other needful buildings ; and To make all laws necessary and proper for carrying into execution all powers vested by this Constitution in the Government of the United States, or in any department or officer thereof. Sec. 9. Foreign immigration or the importation of slaves into the States shall not be pro- hibited by Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed not exceeding ten dollars for each person so imported. The writ of habeas corpus shall not be suspended, unless required by the public safety in cases of rebellion or invasion. No bill of attainder or ex post facto law shall be passed. 300 HISTORY OF WISCONSIN. No capitation or other direct tax shall be laid, unless in proportion to the census or enu- meration hereinbefore directed to be made. No tax or duty shall be laid on articles exported from any State. In regulating commerce or revenue, no preference shall be given to the ports of one State over those of another ; nor shall vessels bound to or from one State be obliged to enter, clear or pay duties in another. No money shall be drawn from the Treasury unless appropriated by law ; and accounts of the receipts and expenditures of all public money shall be published from time to time. No title of nobility shall be granted by the United States ; and no person holding any office under them shall accept any present, emolument, office or title from any foreign State, without the consent of Congress. Sec. 10. No State shall enter into any treaty, alliance or confederation ; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts ; pass bills of attainder, ex post facto laws, or law impairing the obligation of contracts, or grant any title of nobility. No State shall, without the consent of Congress, lay any imposts or duties on imports or exports, except for the execution of its inspection laws ; and all such duties shall be for the use of the United States; and all such laws shall be subject to the revision and control of Congress, No State shall, without the consent of Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State or with a foreign power, or engage in war unless actually invaded or in imminent and immediate danger. Article II. Section 1. The executive power shall be vested in a President. He shall hold office for four years, and, together with the Vice President chosen for the same term, shall be elected as follows : Each State shall appoint in the manner directed by the Legislature, a number of electors equal to the whole number of its Senators and Representatives in Congress ; but no Senator or Representative or person holding any office under the United States shall be appointed an elector. [The third clause of this section has been superseded and amended hy the 12th Amendment^ Congress may determine the time of choosing the electors, and the day on which they shall give their votes, which day shall be the same throughout the United States. A natural born citizen, or a citizen of the United States at the time of the adoption of this Constitution, only shall be eligible to the office of President; and he must have attained the age of thirty-five years, and been fourteen years a resident within the United States. If the President be removed from office, die, resign, or become unable to discharge the duties of his office, the same shall devolve upon the Vice President, and Congress may provide by law for the case of removal, death, resignation or inability of both the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed or a President elected.* The President shall receive a compensation for his services, which shall be neither increased nor diminished during the period for which he shall have been electedf and within that period he shall not receive any other emolument from the United States or from any of them. Before entering upon office he shall take the following oath or affirmation: "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect and defend the Constitution of the United States." * By act of March 1, 1792, Congress provided for this contingency, designating the President of the Senate pro tempore, or if there be pone the Speaker of the House of Representatives, to succeed to the chief Executive office in the event of a vacancy in the offices of both President and Vice President t The President's salary was fixed February 18, 1793, at 825,000, and was increased March 3, 1873, to 850,000.- CONSTITUTION OF THE UNITED STATES. 301 Sec. 2. The President shall be the Commander-in-Chief of the army and navy of the United States, and of the militia of the several States, when in actual service of the United States; he may require the written opinion of the principal officers of the several executive departments upon subjects relating to the duties of their respective offices, and shall have power to grant reprieves and pardons for oifenses against the United States, except in cases of impeachment. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur, and shall nominate to the Senate ambassa- dors, other public ministers and consuls, Judges of the Supreme Court, and all other officers of the United States whose appointment is not otherwise provided for ; but Congress may vest the appointment of inferior officers in the President alone, in the courts of law, or in the heads of departments. The President may fill all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next sesaon. He shall, from time to time, give Congress information of the state of the Union, and recommend measures to their consideration ; he may, on extraordinary occasions, convene both Houses or either of them, and, in case of disagreement between them as to the time of adjourn- ment, he may adjourn them to such time as he shall think proper ; he shall receive ambassadors and other public ministers ; he shall take care that the laws be faithfully executed, and shall com- mission all the officers of the United States. Sec. 4. The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for and conviction of treason, bribery, or other high crimes and misdemeanors.' Article III. Section 1. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as Congress may establish. The Judges, both of the Supreme and inferior Courts, shall hold their offices during good behavior, and shall receive a compensa- tion which shall not be diminished during their continuance in office. Sec. 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, treaties, cases affecting ambassadors, other public ministers and consuls, all cases of admiralty and maritime jurisdiction ; to controversies to which the United States shall be a party ; controversies between two or more States ; between a State and citizens of another State ; between citizens of different States ; between citizens of the same State claiming lands under grants of different States, and between a State or the citizens thereof and foreign States, citizens or subjects. In all cases affecting Ministers and Consuls, and those in which a State is a party, the Supreme Court shall have original jurisdiction. In all other cases mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, subject to exceptions and regu- lations made by Congress. All crimes, except in cases of impeachment, shall be tried by jury, and in the State where the crime was committed ; but Congress shall fix the place of trial for crimes not committed within any State. Sec. 3. Treason against the United States shall consist only in levying war against them, or in adhering to their 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. Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood or forfeiture, except during the life of the person attainted. Article IV. Section 1. Each State shall give full faith and credit to the public acts, records and judi- cial proceedings of every other State, and Congress may prescribe the -manner in which such acts, records and proceedings shall be proved, and the effect thereof. 302 . HISTORY OF WISCONSIN. Sec. 2. The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States. Fugitives from justice in any State found in another State, shall, on demand of the Execu- tive, be deliveredup and removed to the State having jurisdiction of the crime. No person held to service or labor in one State under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due. Sec. 3. New States may be admitted to the Union, but no new State shall be formed within the jurisdiction of any other State; nor by the junction of two or more States, or parts of States, without the consent of the Legislatures of the States concerned, as well as of Congress. Congress shall have power to dispose of and to regulate and govern the territory or other property belonging to the United States ; and nothing in this Constitution shall be construed to prejudice any claims of the United States, or any particular State. Every State shall be guaranteed a republican form of government, and shall be protected against invasion ; and on an application of the Legislature, or of the executive (when the Legis- lature cannot be convened), against domestic violence. Article V. Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose amend- ments to this Constitution, or, on application of two-thirds of the Legislatures of the several States, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution when ratified by the Legislatures of three-fourths ■of the several States, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress ; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner aifect the first and fourth clauses in the ninth section of the first article ; and that no State, without its consent, shall be deprived of its equal sufirage in the Senate. Article VI. All existing debts and engagements shall be valid against the United States under this Constitution. This Constitution and the laws of the United States made in pursuance thereof, and all treaties made under the authority of the United States, shall be the supreme law of the land, and the Judges in every State shall be bound thereby ; anything in the Constitution or laws of any State to the contrary notwithstanding. Senators and Representatives, members of the several State Legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or afiirmation, to support this Constitution ; but no religious test shall ever be required as a qualification to any ofiice or public trust under the United States. Article, VII. The ratification of the Convention of nine States shall be sufficient for the establishment of this Constitution between the States so ratifying the same. Done in convention by the unanimous consent of the States present, the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven, and of the •independence of the United States of America the twelfth. In witness whereof we have hereunto subscribed our names. GEORGE WASHINGTON, , President and Deputy from Virginia, [Othe? signatures omitted.] CONSTITUTION OF THE UNITED STATES. 303 Amendments to the Constitution of the United States of America. Proposed by Congress and ratified by the Legislatures of the several States, pursuant to the Fifth Article of the original Constitution. Article I. Congress shall make no law respecting religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press ; or of the right of the people peaceably to assemble and to petition the Government for a redress of grievances. Article II. A well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed. Article III. No soldier shall, in time of peace, be quartered in' any house without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. Article IV. The right of the people to be secure in their persons and property against unreasonable searches and seizures shall not be violated, and no warrants 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. Article V. No person shall be held to answer for any infamous crime unless on an indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger ; nor shall any person be twice put in jeopardy of life or limb for the same offense ; nor shall he be compelled, in any criminal case, to be a witness against himself, nor be deprived of life, liberty or property without due process of law ; nor shall private property be taken for public use without just compensation. Article VI. In all criminal prosecutions, the accused shall enjoy the right to speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, and to be informed of the nature and cause of the accusation ; 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. Article VII. In suits at common law, when the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United States than according to the rules of the common law. Article VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual pun- ishments inflicted. * 304 HISTORY or WISCOJ^'SIN. Article IX. The enumeration in the Constitution of certain rights shall not be construed to deny or dis- parage others retained by the people. Article X. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively or to the people. Article XI. The judicial power of the United States shall not be construed to extend to any suit in law or equity commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State. Article XII. The electors shall meet in their respective States, and vote by ballot for President and Vice President, one of whom, at least, shall not be an inhabitant of the same State with themselves ; distinct ballots shall be made for President and Vice President, and distinct lists made of such ballots and of the number of votes for each, which lists they shall sign and certify and transmit sealed (to the seat of government, addressed to the President of the Senate ; the President of the Senate shall, in presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted ; the person having the greatest number of votes for Presi- dent shall be President, if such number be a majority of the whole number of electors appointed; if no person have such majority, then from those having the highest numbers, not exceeding three on the list of those voted for as President, the House of Representatives shall choose imme- diately by ballot the President. But, in choosing the President, the vote shall be taken by States, each State having one vote ; a quorum for this purpose shall consist of a member or mem- bers from two-thirds of the States, and a majority of all the States shall be necessary to a choice. If, whenever the right of choice shall devolve upon them, the House of Representatives shall not choose a President before the fourth day of March next following, then the Vice President shall act as President, as in the case of death or disability of the President. The person having the greatest number of votes as Vice President shall be the Vice President, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice President ; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person ineligible to. the office of President shall be eligible to that of Vice President of the United States. Article XIII. Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the IJnited States, or any place subject to their jurisdiction. Sec. 3. Congress shall have power to enforce this article by appropriate legislation. Article XIV. Section 1. All persons born or naturalized in the United States, or subject to the juris- diction thereof, are citizens of the United States, and of the State wherein they reside. No State shall make or enforce any law which shall abridge the, privileges or immunities of citizens of the United States ; nor shall any State deprive any person of life, liberty or property without constitutions' or the ltjtited states. 305 due process of law, nor deny to any person within its jurisdiction the equal protection of the law. Sbc. 2. Representatives shall be apportioned among the States according to population, counting the whole number of persons in each State, including Indians not taxed. But when the right to vote is denied to any of the male inhabitants of a State, being twenty-one years of age and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of fepresentation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty- one years of age in such State. Sbc. 3. No person shall hold any oiBce under the United States or under any State, who having previously, as an officer of the United States of any State, taken an oath to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid and comfort to the enemies thereof. But Congress may, by a vote of two- thirds of each House, remove such disability. Sec. 4. The validity of the public debt of the United States, including pensions and bounties, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave ; but all such debts, obligations, and claims shall be held illegal and void. Sec. 5. Congress shall have power to enforce, by appropriate legislation, the provisions of this article.. Article XV. Section 1. The right of citizens to vote shall not be denied or abridged by the United States, or by any State, on account of race, color, or previous condition of servitude. Sec. 2. Congress shall have power to enforce this article by appropriate legislation. ALPHABETICAL LIST OF COUNTIES AND CITIES WITH GUBERNATORIAL AND PRESIDENTIAL VOTES. Note. — The Republican or Democratic majority in each county is given as between Smith and Mallory. Green- • back majority is only given when the vote for Allis exceeds the others, and is taken from the highest vote. COUNTIES. GOVBBNOB. 1877. PRESIDENT. 1876. Smith. Mallory. Allis. Maj. Hayes. Tilden. Mi^i. Adams 580 86 459 40 1387 1075 336 450 685 449 2048 806 3613 2333 477 21 1174 1208 3086 2620 1823 879 1461 802 1917 1045 938 247 1968 1409 27 1365 301 447 5843 1102 1069 777 437 521 1523 916 1080 2304 233 163 203 34 1740 810 24 1130 693 153 1597 1008 3903 4267 126 28 407 805 3414 1938 849 896 1175 391 2418 883 907 558 1115 1300 15 1951 755 730 6388 1096 764 2005 1579 171 545 363 917 1906 116 R. «47 D. 77 R. 256 R. 6 D. 353 R. 265 R. 312 D. 680 D. 18 G. 367 R. 451 D. 202 D. 290 D. 1934 R. 351 D. 7 R. 767 R. 403 D. 328 R. 682 R. 974 D. 17 R. 286 R. 411 D. 201 R. 162 R. 31 D. 311 R. 853 R. 109 G. 142 D. 586 D. 454 D. 283 D. 545 R. 6 R. 295 D. 1228 D. 1142 R. 350 R. 978 R. 553 R. 163 R. 398 981 109 644 86 2755 1186 285 1012 1596 1255 3532 1355 6436 3236 1095 42 2033 2266 4845 4723 2601 1739 2651 1607 2874 1714 1610 561 2644 2424 71 2700 668 697 9981 2558 1813 1859 583 836 .2135 1019 1855 3560 442 189 257 74 3647 1162 28 2145 1774 660 2493 1604 5726 6361 596 67 894 1785 5660 3198 1735 1514 2348 718 4134 1458 1432 1654 2481 2299 174 3908 1796 1112 12026 2030 1174 3608 5480 394 985 362 1794 2880 R. 539 D. 80 "Barron 53 2 1015 76 R. 387 Bayfield - R. 12 D. 892 Buffalo R. 24 Burnett . R. 257 Calumet 389 589 816 118 146 614 381 283 D. 1133 D. 178 Clark R. 595 R. 1039 Crawford D. 249 D. 291 Dodffe . 1 . 3125 R. 499 D. 25 412 597 1249 1037 580 215 1031 521 296 463 51 20 524 269 169 98 746 76 1228 1019 157 992 17 123 408 60 728 112 R. 1139 R. 481 D. 815 Grant . R. 1525 R. 866 C-reen Lake R. 225 R. 303 R. 789 D. 1260 R. 256 R. 178 D. 1093 R. 163 La Favette R. 125 D. 103 Manitowoc Marathon Milwaukee D. 1208 D. 1128 D. 415 D. 2046 R. 528 Oconto R. 639 D. 1749 Ozaukee D. 1897 R. 447 Pierce R. 1152 R. 650 R. 61 R. 680 307 GUBEENATOEIAL AND PRESIDENTIAL YoTES— 1811-1816— Continued. COUNTIES— OitintKd. GOVBENOB. PRESIDENT. 1877. 1876. Smith. Malloiy. AlliB. Maj. Hayes. Tilden. Uaj. 1201 728 705 R. 472 2038 1691 R. 447 337S 1620 78] R. 1755 5755 281^ R. 2893 1558 1489 9? R. 70 1775 1736 R. 39 1826 922 574 R. 904 839S 2201 R. 1194 269 605 92 D. 336 582 873 D. 291 1598 1737 750 D. '139 3224 8633 D. 409 195 254 5£ D. 59 240 246 D. 6 2483 731 176 R. 1452 2360 790 R. 1570 1678 416 846 R. 1262 276^ 1117 R, 1647 2904 1374 16( R. 1530 4212 1970 R. 2242 994 2187 187 D. 1993 1321 3047 D. 1726 2484 2388 276 R. 96 3129 3335 D. 206 1478 990 772 R. 483 2642 1592 R. 1050 1282 257 377 R. 1025 2080 548 R. 1682 2068 2238 1887 D. 170 5092 4426 R. 666 247 196 601 G 354 658 745 D. 87 231 622 201 D. 291 549 911 D. 362 320 361 6 D. 41 367 465 D. 108 377 109 240 R. 268 745 627 R. 118 219 197 36 R. 22 456 312 R. 144 25 17 R. 8 14 31 D. 17 16 5 • 97 G. 81 64 93 D. 29 31 128 294 33 143 D. D. 97 65 229 475 572 D. 97 210 123 3 R. 87 254 212 R. 42 620 459 250 R. 161 1205 1013 R. 189 862 884 520 D. 22 1382 1542 D. 160 150 85 195 G. 45 669 288 R. 81 50 42 110 G. 60 121 191 D. 70 432 333 181 R. 99 696 647 R. 49 226 207 3 R. 19 250 224 R. 26 771 605 31 R. 166 1036 . 848 R. 188 281 314 42 D. 33 514 544 D. 30 712 671 351 R. 41 1085 1549 D. 464 740 1057 13 D. 317 834 1252 D. 418 849 284 17 R. 61 660 612 R. 148 146 311 67 D. 165 291 344 D. 53 4816 5027 1050 D. 211 8218 9625 D. 1407 260 249 21 R. 11 348 324 R. 24 115 146 876 G. 280 511 385 R, 126 84 125 118 D. 41 206 208 D. 2 172 167 24 R. 5 222 288 T). 16 270 311 6 D. 41 899 606 D. 107 724 954 375 D. 230 1496 1910 1). 414 69 127 405 28 7 D. D. 58 160 245 366 532 D. 166 155 267 3 D, 112 215 377 D. 162 87 61 10 R. 26 143 108 R. 35 1052 921 82 R. 131 1672 1324 R. 348 270 239 33 R. 31 397 338 R. 64 55 73 13 D 18 87 83 R. 4 ' 248 440 68 D. 192 575 878 D. 298 252 270 145 D. 18 423 563 T). 140 232 687 164 D. 445 372 1295 D 923 210 49 20 R. 161 280 52 R. 228 76 170 300 G. 130 210 596 D, 385 Richland Eock St. Croix Sauk Shawano Sheboygan.... Taylor Trempealeau.. Vernon Walworth Washington... Waukesha Waupaca Waushara Winnebago... Wood Appleton.: Beaver Dam Beloit Berlin Buffalo Centralia Chilton Chippewa Falls... Columbus... Eau Claire Fond du Lac Port Howard Qrand Rapids Green Bay Hudson Janesville Kenosha La Crosse Madison Manitowoc Menasha Milwaukee Mineral Point Neenah New London Oconomowoc Oconto Oshkosh Plymouth Portage Prairie du Cbiea.. Prescott Kacine Bipon Shawano Sheboygan Stevens Point Watertown Waupaca Wausau POPULATION OF THE UNITED STATES. Mile? R. E. 1872. Area in States and square Territories. Miles, States. Alabama Arkansas Calffornia Connecticut Delaware Florida Georgia Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts... Michigan* Minnesota Mississippi Missouri Nebraska Nevada New Hampshire. New Jersey New York North Carolina., Ohio Oregon 722 198 981 674 180 268 000 410 809 045 318 640 346 776 184 800 451 531 ,156 350 ,995 090 ,280 320 000 704 964 ,244 Population. 996,992 484,471 560,247 537,454 125,015 187,748 1,184,109 2,539,891 1,680,637 1,191.792 364,399 1,321,011 726,916 626,915 780,894 1,457,361 1,184,059 439,706 827,922 1,721,295 123,993 42,491 318,300 906,096 4.382759 1,071,361 2,666,260 90,923 Miles R. R. 1875. 1872. 1,350,544 528,349 857,089 1,651,912 1,334,031 598,429 246,280 52,540 1,026,602 4,705,208 1,671 25 1,013 820 227 466 2,108 5,904 3.529 3.160 1,760 1,123 639 871 820 1,606 2,235 1,612 990 2,580 828 593 790 1,265 4,470 1,190 3,740 lag * Last Census of Michigan taken in 1874. States and Teeritokies. States. Pennsylvania Rhode Island South Carolina... Tennessee Texas Vermont Virginia West Virginia. Wisconsin 3'otal States. Territories. Arizona Colorado Dakota Dist. of Columbia. Idalio Montana New Mexico Utah WashingtonV Wyoming Total Territories, Area in square Miles. 46,000 1,306 29,385 45,600 237,504 10,212 40,904 23,000 53,924 1,950,171 113,916 104,500 147,490 60 90,932 143,776 121,201 80,056 69,944 93,107 965,032 Population. 1870. 3,521, 217, 705, 1,»58, 818. 330, 1,225, 442, 1,054. 38,113,253 9,658 39,864 14,181 131,700 14,999 20,596 91,874 86,786 23,955 9,118 442,730 1876. 258,239 925,145 1,236,729 5,113 136 1,201 1,520 865 675 1,490 485 1,725 69,687 392 375 ""498 1,266 Aggregate of U.S.. 2,915,203 38,5,55,983 60,85:1 * Includedin the Railroad Mileage of Marylard. PRINCIPAL COUNTRIES OF THE WORLD ; Ji^OPtTLATION AND ArBA. COUNTRIBS. Population. Date of Area in Inhabitants Census. Square Miles. to Square Mile. 1871 3,741,846 119.3 1871 4,677,432 48.6 1871 J,003,778 10.2 1870 A603,884 Vl 1866 204,091 178.7 1869 240,348 149.4 1871 149,399 232.8 1871 121,315 262.3 1871 160,207 187. 1871 118,847 330.9 1867 195 775 85. 3,253,029 3.07 672.621 24.4 1869 761,526 1870 292,871 20. 1870 636,964 7.8 1869 11,373 441.5 871 29,292 165.9 868 34,494 115.8 870 12.680 290.9 1870 357,157 8.4 1869 132,616 15.1 1870 15,992 166.9 1871 471,838 .5.3 497,321 4. 1869 871,848 ,?•! 1871 7,633 241.4 1S70 14,753 120.9 368,238 ».12 1871 5,912 247. 1870 19,353 75.3 1871 40,879 28.9 218,928 5.9 1871 63,787 15.6 2,969 277. 1871 9,676 74.9 1871 7.335 81.8 10,206 56. 1871 58,171 6. 1871 66,722 6.5 1871 47,092 7.4 17,827 7.6 1870 21,605 7.7 7.633 80. Population. China British Empire Russia United States with Alaska. . France Austria and Hungary Japan Oreat Britain and Ireland. . Oerman Empire Italy Spain Brazil Turkey Mexico Sweden and Norway Persia Belgium Bavaria Portugal Holland Aew Grenada Chili Switzerland Peru Bolivia Argentine Republic Wurtemburg Denmark Venezuela Baden... Greece Guatemala Ecuador Paraguay Hesse Liberia San Salvador Hayti Nicaragua Uruguay. Honduras San Douiingo Costa Rica Hawaii 446,500,000 226,817,108 81,925,400 38,925,600 36,469.800 36,904,400 34,785,300 31,817,100 29,906,092 27,439,921 16,642,000 10,000,000 16,463,000 9,173,000 5,921,500 5,000,000 6,021,300 4,861,400 3,996,200 3,688,300 3.000,000 2,000,000 2,669,100 2,500,000 2,000,000 1,812,000 1,818,600 1,784,700 1,600,000 1,461,400 1,457,900 1,180,000 1,300,000 1,000,000 828,138 718,000 600,000 572,000 350,000 300,000 350,000 136,000 165,000 62.950 Pekin London St. Petersburg... Washington Paris Vienna Yeddo London Berlin Rome Madrid Rio Janeiro Constantinople . . Mexico Stockholm Teheran Brussels Munich...- Lisbon Hague Bogota Santiago Berne Lima Chuquisaca Buenos Ayres Stuttgart Copenhagen Caraccas Carlsruhe Athens Guatemala Quito Asuncion Darmstadt Monrovia Sal Salvador — Port au Prince.. Managua Monte Video Comayagua San Domingo — San Jose Honolulu 1,648,800 3,251,800 667,000 109,199 1,825,300 833,900 1,554,900 3,251,800 825,400 244,484 332,000 420,000 1,075,000 210,300 136,900 120,000 314,100 169,600 224,063 90,100 45,000 115,400 36,000 160,100 25,000 177,800 91,600 162,042 47,000 36,600 43,400 40,000 70,000 48,0011 30.00!) 3,0011 15,000 20,000 10,000 44,500 12,000 20,000 2,000 7,683 ( DECEASED ) FIRST SETTLER OF DANE COUNTY. BLUE MOUNDS. HISTOEY OF BANE COUNTY. CHAPTER I. Aeba and Position of Dane County— Drainage— Topoghaphioal Featuees— Geological Formations— Elevations of Different Points in the County-Rivers— Lakes— Natural Mounds and Sink-Holes— The Verona Cave. area and position of dane county. Dane is one of the largest counties in the settled portion of the State, having a total area of twelve hundred and thirty-seven square miles. Its shape is that of an almost perfect rectangle, the northwest corner of which is cut off hy the Wisconsin River. From north to south it measures thirty miles, including the five tiers of townships numbered 5, 6, 7, 8 and 9. From east to west it measures forty-two miles, including Ranges 6, 7, 8, 9, 10, 11 and 12 east. It embraces thirty-five townships, two of which are fractional (Township 5, in Ranges 6 and 7 east). The county has a position about midway bptween the Mississippi and Lake Michigan, its western line being sixty-three miles from the former, its eastern line fifty-seven miles from the latter. Its southern line is twenty-four miles north of the Illinois State line. On the north of Dane are the counties of Sauk and Columbia ; on the east, the counties of Dodge and Jefferson ; on the south, those of Rock and Green ; on the west, the county of Iowa. drainage. With the exception of an area of about one hundred and twenty square miles in the north- west that drains toward the Wisconsin, the drainage of the whole county is shed southward and eastward, through different channels, into Rock River. This result is due to the fact that nearly the whole area lies on the south side of the limestone dividing ridge that limits the valley of the Wisconsin on the south. This high limestone prairie belt, which separates the systems of the Rock and Wisconsin Rivers, crosses Green Lake County in a south-southwest direction, enters Columbia County on the north line of the towns of Scott and Randolph, crosses the county in a line gradually veering to the west, and enters Dane County on the north side of the town of Vienna, trends thence south of west across the town of Dane, and then, bending more to the south, passes through the adjoining portions of the towns of Roxbury, Berry, Springfield, Middleton and Cross Plains, and leaves the county on the west side of the last- named town. The ridge has a general altitude of five hundred to six hundred feet, and a width sometimes of a whole township, but on both sides is rendered quite irregular by erosion, the the northern side especially projecting in long, bold points into the valley of the Wisconsin. The summit of the ridge is largely occupied by prairie — a continuation of the prairie belt that characterizes the same ridge in its passage across Columbia County — and has alwavs, except in the towns of Middleton and Cross Plains, the Lower Magnesian as the surface rock. In these towns it rises into the St. Peter's and Trenton horizons. In the northern portions of the towns of Middleton, Cross Plains, Berry and Mazomanie, the dividing ridge is cut entirely through by a valley half a mile to a mile in width, eighteen 310 HISTOKY OF DANE COUNTY. miles in length, and one hundred to two hundred feet in depth, which connects the ground about the west end of Lake Mendota with that bordering the Wisconsin. The highest point of the valley is eighty-five feet above Lake Mendota, and in it are streams running in either direction. Black Earth River, the larger of the two, which runs westward to the Wisconsin, heads within three miles of the lake, and at only eighty feet above its level. It has been suggested that this valley indicates a former outlet, westward to the Wisconsin, of the Four Lakes. It is not impossible that such an outlet may have existed, but there is nothing in the structure of the region to show that we have here anything else than a case where two systems of erosion have approached one another until the dividing ridge has been partially broken down. South of Black Earth River, the high ground comes in again, and, taking a turn westward, to accord with the changed direction of the Wisconsin River, passes out of the county. To the north and west, in the towns of Dane, Roxbury and Berry, the dividing ridge presents a very abrupt escarpment, which projects in long, bold points into the valley of the Wisconsin. Beyond the escarpment the low ground is occupied by numerous outlying patches of the high country, of varying sizes, similar to those occurring in the adjoining towns of West Point, Lodi and others, in Columbia County. Southward from the dividing ridge there is a general and much more gradual descent to the south and east, conforming with the descent in those directions of the underlying strata. West of a line drawn centrally north and south through the county, the general descent of both the country surface and strata is southward only. East of such a line, the line of greatest descent veers more and more to the eastward, until, along the northern part of the east line of the county, it is almost wholly in that direction. The drainage system corresponds with this general structure. In the northeast, in the towns of York, Bristol, Sun Prairie and Medina, the drain- age is eastward into Waterloo Creek. Farther south, in the towns of Cottage Grove, Deerfield, aud' Christiana, the drainage is also eastward toward Koshkonong Creek, which itself has a general southerly direction. In the central part of the county, the drainage along the Yahara Valley is in a southeasterly direction, whilst farther west the Sugar River system runs almost exactly southward. In minor detail, of course, the directions of the streams are due to other causes. TOPOGRAPHICAL FEATURES. The valley of the Yahara, with its chain of lakes, is the central topographical feature of the county. The head-waters of the Yahara are a number of small streams which rise on the south side of the divide, in the towns of Springfield, Dane, Vienna and Windsor, and come together in the southern part of the town of Westport. From here to the junction with the Rock River, the valley has a southeasterly course, a length of twenty-seven miles, and a width, from high ground to high ground, of from four to nine miles. Its surface lies generally at from 260 to 300 feet above Lake Michigan, but is quite irregular, the irregularity being largely due to considerable accumulations of drift, but also to the occurrence of small rock outliers and to the projection into the valley, on either side, of low rock ridges. These have a general northeast- southeast trend, and tend to divide the valley into more or less separate parallel cross-valleys, which are very marked, and are doubtless to be attributed to the movement over the country of glacier ice, to which cause also is to be assigned the linear nature of the topography of all the eastern part of the county. The several lakes of the region about Madison are expansions of the Yahara Valley into such cross-valleys, the ridges between which here run entirely across the main valley, though not formed throughout of rock material. Lake Mendota occupies two of the cross-valleys, partially separated by the low ridge of Picnic Point and McBride's Point (" Maplp Blufi""). Lake Monona lies in one similar valley, which extends far to the southwest- ward, aisiS 'holds also the smaller body of water known as Lake Wingra. Further south, the glacial movement had a more nearly southerly direction, and the directions of the cross-valleys correspond. TKere is no prairie in the Yahara Valley proper. Along the head-steams, in the towns of Springfield, Westport and Burke, there are marshes of considerable extent. HISTORY or DANE COUNTY. 311 Immediately east of the Yahara Valley the country lies higher, hut soon sinks again, descending with the eastward descent of the strata, this part of the county running from 240 to 400 feet in altitude. Here we find a gently undulating surface, the ridges having a flowing contour, and ail topographical features showing the linear direction induced by the glacial move- ment. Numerous narrow and linear marsh strips are found on the lowest portions, while prairies of some size occur on the highest, being for the most part underlaid by limestone. On the west side of the valley of the Yahara is a high and hilly belt of country, from 400 to 600 feet in altitude, which extends southward- from the town of Middleton along the adjoining parts of the towns of Verona, Fitchburg, Oregon and Montrose. Crossing the divide, in the Sugar River Valley, we find ourselves in an entirely different looking country, one where all irregularities are due solely to subaerial erosion ; where the ridges are high and bold, and the branch valleys ramifying, narrow and steep-sided. The two main branches of the Sugar River separate on the southern line of the town of Montrose, one setting back in a more westerly direction than the other. Both have numerous branch streams, each of which has its steep- sided, flat-bottomed ravine. Here the ridges rise to 500 or 600 feet in altitude, and are nearly always occupied by fertile prairie, while the valley bottoms stand at 300 to 400, are wooded with a growth of small oaks, and show, rarely, narrow strips of marsh. As to the fertility of soil, Dane County ranks as one of the best in the State. The prairies, found for the most part on the higher ground, owe their special fertility, usually, to the under- lying limestone ; but the low ground of the Yahara Valley, though often on the upper sand layers of the Potsdam series, has everywhere an excellent soil, which it owes to alluvial" deposi- tions or to the drift materials. A poor soil is seen only on the low grounds adjoining the Wis- consin River, where the sand comes from the Potsdam sandstone. The St. Peters sandstone rarely affects the soil over any considerable area. East of the drift limit it is buried beneath drift materials, while west of the same line it appears only on the steep sides of ravines. The prevailing timber of Dane County is small oak, occurring in patches or groves, constituting what are known as " oak openings." aEOLOaiCAL FORMATIONS. The Dane County list of geological formations includes nearly the whole Wisconsin series. The Cincinnati and Niagara, however, occur only on the Blue Mounds, and in the western tier of towns of the county. The Archaean does not come to the surface in the county, but the artesian borings at Madison reached it at some 800 feet below the surface, and 480 feet below the level of Lake Michigan, at which point a dark-gray feldspathic rock is struck. Into this, one of the wells penetrates for 187 feet, reaching a point 667 feet below Lake Michigan and 82 below the level of the sea. The Potsdam sandstone comes to the surface along the valley of the Wisconsin, and along the bottoms of a number of smaller tributary valleys in the towns of Dane, Roxbury, Berry and Cross Plains. It is also at the surface over a considerable area at the head of the Yahara Valley and in the bottoms of branch valleys in Springfield, Westport, Windsor, Burke and other towns ; but in all this area only the uppermost layers of the formation are at the surface. The Mendota and Madison beds are the surface rocks over a large portion of the valley of the Yahara, reaching from the south side of Lake Monona to the south side of Lake Kegonsa. These layers are at surface along some of the valley-bottoms of Northern Middleton, Southern Springfield, and adjoining towns, as also on the flanks of the higher ground and outliers that border the valley of the Wisconsin. The fotal thickness of the two layers in Dane County is about seventy feet. The Lower Magnesian limestone forms the upper part of all the dividing ridges of the north part of the county. It forms, also, the flanks of the high ground on both sides of the Yahara Valley, wlose bottom it becomes in the region south of Lake Kegonsa. It comes up again underneath the low, marshy ground that borders Water- loo Creek in the towns of York, Bristol, Sun Prairie and Medina, its eastern descent having carried it here far bekw the altitudes at which it is found on the west side of the county. It lies 312 HISTORY OF DANE COUNTY. also at the bottom of the valley of Sugar River and its numerous branch valleys, crowns the outlying bluffs of the Wisconsin Valley, and occurs also in several small isolated patches within the Potsdam area of the valley of the Yahara. The thickness of the Lower Magnesian in Dane County seems rarely to be more than eighty feet, whilst its very irregular upper surface brings it often into the horizon of the next formation above. The St. Peters sandstone occupies a large tract on the east side of the Yahara Valley, where it appears to be never more than fifty feet in thickness. It is found, also, form- ing a narrow band around the Trenton area of the towns of York, Bristol and Windsor. West of the valley of the Yahara, it occupies much of the high ground forming the divide from the valley of the Sugar River. In the last-named valley and its branches, the St. Peters forms the lower part of the blufi" sides, having its full thickness of eighty to ninety feet. It occurs also in sev- eral detached areas in the high country north of Black Earth Creek. The Trenton limestone occurs in detached areas, mostly of considerable size, capping the high ground on both sides of the Yahara Valley. Some of the areas, however, are quite large, covering one or two townships, as in Middleton, Christiana and Albion. In the towns of Springdale and Primrose, the narrow ridges between the streams carry the whole thickness of the Trenton limestone, being at times capped by the Galena. For the most part, the Trenton areas of Dane County include only the lower part of that formation. The Galena limestone occurs only as a capping on the higher parts of the ridges of the towns of Springdale and Primrose and in two or three small areas in the town of Christiana. ELEVATIONS OP DIFFERENT POINTS IN THE COUNTY.* Chicago Sf North-Western Railway. — East Madison depot, 264 feet; station 60,t road crossing, 266 feet; station. 130, 273 feet; station 175, summit, 305 feet; station 262, summit, 325 feet; station 277, deep cut, surface, 355 feet; station 815, surface. Catfish Marsh, 255 feet ; station 315, grade, 277 feet ; station 400, 285 feet ; station 458, grade, 323 feet ; station 458, surface, 310 feqt ; station 520, Waunakee, 341 fpet ; station 570, 341 feet ; station 667, surface, 369 feet ; station 667, grade, 395 feet ; station 787, Dane depot, 477 feet ; station 900, 365 feet ; station 1002, surface of creek, 233 feet ; station 1002, grade, 267 feet. Chicago, Milwaukee ^ St. Paul Railway. — West line Section 12, Township 8, Range 12 east (Medina), 272 feet; west line Section 11, Township 8, Range 12 east (Medina), 280 feet; Marshall depot, 286 feet; west line Section 10, Township 8, Range 12 east (Medina), 286 feet; west line Section 4, Township 8, Range 12 east (Medina), 278 feet; Deanville depot, 305 feet; west line Section 5, Township 8, Range 12 east (Medina), 295 feet; west line section 6, Town- ship 8, Range 12 east (Medina), 377 feet; west line Section 1, Township 8, Range 11 east (Sun Prairie), 315 feet; west line Section 2, Township 8, Range 11 east (Sun Prairie), 374 feet; west line Section 3, Township 8, Range 11 east (Sun Prairie), 393 feet; west line Section 4, Township 8, Range 11 east (Sun Prairie), 369 feet; Sun Prairie depot, 356 feet; west line Section 8, Township 8, Range 11 east (Sun Prairie), 349 feet; west line Section 18, Township 8, Range 11 east (Sun Prairie), 341 feet; south line Section 13, Township 8, Range 10 east (Burke), 353 feet ; west line Section 24, Township 8, Range 10 east (Burke), 355 feet; south line Section 23, -Township 8, Range 10 east (Burke), 322 feet ; west line Section 26, Township 8, Range 10 east (Burke), 321 feet ; west line Section 34, Township 8, Range 10 east (Burke), 277 feet ; south line Section 33, Township 8, Range 10 east (Burke), 270 feet ; west line Sec- tion 5, Township 7, Range 10 east (Burke), 286 feet; East Madison depot, 268 feet; West Madison depot, 275 feet; Lake Monona (Third Lake), 262 feet; Lake Mendota (Fourth Lake), 270 feet. Middle west line Section 32, Township 5, Range 12 east (Albion), 275 feet ; middle north line Section 31, Township 5, Range 12 east (Albion), 284 feet ; east line southeast quarter .* The elevatiotis given in this article are altitudes above Lake Michigan. By adding 589 feet to those of any given point, the result will be the elevation above the ocean. f Stations are 100 feet apart, beginning vpith East Madison depot as zero. HISTORY OF DANE COUNTY. 313 Section 25, Township 5, Range 11 east (Dunkirk), 297 feet; west line southeast quarter Sec- tion 25, Township 5, Range 11 east (Dunkirk), 285 feet ; west line Section 25, Township 5, Range 11 east (Dunkirk), 285 feet; north line Section 26, Township 5, Range 11 east (Dun- kirk), 272 feet; north line northeast quarter Section 23, Township 5, Range 11 east (Dunkirk), 269 feet ; west line northeast quarter Section 15, Township 5, Range 11 east (Dunkirk), 280 feet; south line southeast qnarter Section 9, Township 5, Range 11 east (Dunkirk), 273 feet; middle west line Section 9, Township 5, Range 11 east (Dunkirk), 279 feet ; Stoughton depot, 279 feet ; south line Section 32, Township 6, Range 11 east (Pleasant Springs), 290 feet ; north line section 32, Township 6, Range 11 east (Pleasant Springs), 294 feen ; north line Section 29, Township 6, Range 11 east (Pleasant Springs), 267 feet ; north line Section 20, Township 6, Range 11 east (Pleasant Springs), 267 feet ; middle west line Section 17, Township 6, Range 11 east (Pleasant Springs), 278 feet ; north line Section 18, Township 6, Range 11 east (Pleas- ant Springs), 275 ffeet ; west line Section 7, Township 6, Range 11 east (Pleasant Springs), 269 feet; south line Section 1, Township 6, Range 10 east (Dunn), 273 feet; west line Section 1, Township 6, Range 10 east (Dunn), 282 feet ; west line soutlieast quarter Section 2, Township 6, Range 10 east (Dunn), 296 feet; McFarland depot, 289 feet; south line Section 34, Town- ship 7, Range 10 east (Blooming Grove), 292 feet; west line Section 34, Township 7, Range 10 east (Blooming Grove), 276 feet ; west line northeast quarter Section 33, Township 7, Range 10 east (Blooming Grove), 265 feet ; west line Section 28, Township 7, Range 10 east (Bloom- ing Grove), 265 feet ; west line Section 29, Township 7, Range 10 east (Blooming Grove), 265 feet; west line Section 30, Township 7, Range 10 east (Blooming Grove), 270 feet; north line Section 36, Township 7, Range 9 east (Madison), 267 feet ; West Madison depot, 275 feet ; west line northeast quarter Section 22, Township 7, Range 9 east (Madison), 291 feet ; west line northeast quarter Section 21, Township 7, Range 9 east (Madison), 291 feet ; west line Sec- tion 16, Township 7, Range 9 east (Madison), 299 feet ; west line Section 20, Township 8, Range 9 east (Westport), 326 feet ; west line northeast quarter Section 19, Township 7, Range 9 east (Madison), 332 feet ; west line Section 18, Township 7, Range 9 east (Madison), 340 feet ; north line Section 13, Township 7, Range 9 east (Madison), 345 feet ; Middleton depot, 34/ feet; west line Section 11, Township 7, Range 8 east (Middleton), 353 feet; west line southeast quarter Section 10, Township 7, Range 8 east (Middleton), 365 feet ; west line Sec- tion 10, Township 7, Range 8 east (Middleton), 360 feet ; west line Section 9, Township 7, Range 8 east (Middleton), 352 feet ; west line Section 8, Township 7, Range 8 east (Middleton), 353 feet ; west line Section 7, Township 7, Range 8 east (Middleton), 339 feet ; west line Sec- tion 12, Township 7, Range 7 east (Cross Plains), 326 feet ; west line Section 2, Township 7, Range 7 east (Cross Plains), 300 feet; Cross Plains depot, 278 feet; west line Section 4, Town- ship 7, Range 7 east (Cross Plains), 268 feet; center Section 31, Township 8, Range 7 east (Berry), 250 feet ; Black Earth depot, 232 feet. RIVERS. Central Wisconsin may be said to include portions of four distinct drainage systems — those of the Wisconsin, Black and Rock Rivers, flowing southward and westward to the Mississippi, and that of the Fox River, of Green Bay, flowing northward and eastward to Lake Michigan' and is thus tributary to the St. Lawrence. The direction and areas of these^river systems are more or less directly influenced by the rock structure of the State. Extending into Wisconsin from the Upper Peninsula of Michigan, and forming the central nucleus of the northern half of Wisconsin, is a great mass of ancient crystalline rocks, which is bordered on all sides by newer and undisturbed formations, whose outcropping edges on the south, east and west succeed one another in concentric bands. The central crystalline mass, probably for the most part never covered by later formations, includes the highest land in the State. It has a general slope to the southward, reaching its greatest elevation— 1,100 feet above Lakes Michigan and Superior— along Its northern edge, within thirty miles of the latter lake. The waters which fall upon it are 3J4 HISTORY OF SAUK COUNTY. shed in four different directions — to the north, into Lake Superior ; to the southeast, into Lake Michigan ; to the south, into the Wisconsin, which ultimately reaches the Mississippi, and to the southwest, directly into the last-mentioned river. Wisconsin River. — This stream, which washes for about ten miles the northwest boundary of Dane County, is much the most important of those which drain the elevated lands of the State. Its total length from its source to its mouth is about 450 miles. It forms, with its valley, the main topographical feature of Central Wisconsin. Rising in Lac Vieux Desert, on the summit of the Archaean water-shed, at an elevation of 951 feet above Lake Michigan, it pursues a general southerly course for 300 miles over the crystalline rocks, and then, passing on to the sandstonea which form its bed for the remainder of its course, continues to the southward some eighty miles more. Turning then westward, it reaches the Mississippi within forty miles of the south line of the State, at an elevation of only thirty feet above Lake Michigan, so that its fall from Lac Vieux Desert is 921 feet — an average of a fraction over two feet to the mile. Like all other streams which run to the south, southeast and southwest from the crystalline rocks, it has its quite distinct upper or crystalline rock portion and its lower or sandstone portion. This river, however, may be regarded as having three distinct sections — the first including all that part from the source to the last appearance of crystalline rocks in the bed of the stream, in the southern part of Wood County ; the second, that part from this point to the Dells, on the south line of Adams and Juneau Counties ; and the third that portion from the Dells to the mouth of the stream. . The first of these divisions is broken constantly by rapids and falls, caused by the descent south of the surface of the Archaean area, and by the obstructions produced by the inclined ledges of rock which cross the stream. The second and third sections are alike in being almost entirely without rapids or falls, and in the nature of the red rock, but are separated by the con- tracted gorge known as the Dells, which, acting in some sort as a dam, prevents any consider- able rise in the river below, the water above not infrequently rising as much as fifty feet in flood seasons, whilst below the extreme fluctuation does not exceed ten feet. The total lengths of the Archaean, upper sandstone and lower sandstone sections of the river are respectively 250, 62 and 130 miles; the distance through the Dells being about seven and a half miles. The width of the river, where it enters Marathon County, is from three hundred to five hundred feet. It pursues a general southerly course through Townships 29, 28, 27, 26, 25 and 24 north, of Range 7 east, and Townships 24 and 23 north, of Range 8 east, in the southern portion of Portage County. In this part of its course, the Wisconsin flows through a densely timbered country, and has, except where it makes rapids or passes through rock gorges, a narrow bottom land, which varies in width, is usually raised but a few feet above the water level, and is wider on one side than on the other. Above this bottom, terraces can often be made out, with surfaces in some cases one or two miles in width. Above, again, the country surface rises steadily to the dividing ridges on each side, never showing the blufiF edges so characteristic of the lower reaches of the river. Heavy rapids and falls are made at Wausau (Big Bull Falls), at Mosinee (Little Bull Falls), at Stevens Point and on Section 8, in Township 23 north, of Range 8 east (Conant's Rapids). All but the last named of these are increased in height by artificial .'dams. Tw,o miles below the foot of Conant's Rapids, just after receiving the Plover River on the east, the Wisconsin turns a right angle to the west, and enters upon the sparsely timbered sand plains through which it flows for 100 miles. At the bend, the river is quiet, with high banks of sand, and a few low outcrops of gneiss at the water's edge. From the bend, the course is westward for about nine miles, then, after curving southward again, the long series of rapids soon begins, which, with intervening stretches of still water, extend about fifteen miles along the river to the last rapid at Point Bas^, in Southern Wood County. East' of the river line, between the city of Grand Rapids and Point Bass, the country rises gradually, reaching altitudes of one hundred feet above the river at points ten or fifteen miles distant. On the west, the surface is an almost level plain, descending gradually as the river is receded from. At Point Bass, the gneissic rocks disappear beneath the sandstones which for some miles have formed the upper portions of the river banks and now become, in turn, the HISTOEY OF DANE COUNTY. 315 bed-rock, and the first division of the river's course ends. The main tributaries which it has received down to this point are, on the left bank, the Big Eau Claire, three miles below Wausau ; the little Eau Claire, on the north side of Section 3, in Township 2-5 north, of Range 7 east, just south of the north line of Portage County ; and the Big Plover, on Section 9, in Township 28 north, of Range 5 east, just at the foot of Conant's Rapids ; on the right bank, the Placota or Big Rib, about two miles below Wausau ; the She-she-ga-ma-isk, or Big Eau Pleine, on Sec- tion 19, in Township 26 north, of Range 7 east, in Marathon County ; and the Little Eau Pleine, on Section 9, in Township 25 north, of Range 7 east, in Portage County. All of these streams are of considerable size and drain large areas. They all make much southing in their courses, so that their lengths are much greater than the actual distances from the sources to the Wisconsin at the nearest point; and all of them have a very considerable descent, making many rapids and falls over the tilted edges of schistose and gneissic rocks, even down to within short distances of their junctions with the main river. The streams on the west side head on the high country, along the line of the Fourth Principal Meridian, about forty miles west of the Wisconsin, and at elevations of from two hundred to three hundred feet above their mouths ; those on the east head on the divide between the Wisconsin and Wolf, about twenty miles east, at elevations not very much less. Reaching back, as these streams do, into a country largely timbered with pine, and having so large a descent, they are of great value for logging and mill- ing purposes. The second section of the Wisconsin River begins at Point Bass, with a width of from seven hundred to nine hundred feet. The next sixty miles of its course, to the head of the Dells, is a southerly stretch, with a wide bow to the westward, through sand plains, here and there timbered with dwarf oaks and interspersed with marshes. These plains stretch away to the east and west for twenty miles from the river bottom, gradually rising in both directions. Scattered over them, at intervals of one to ten miles, are erosion peaks of sandstone, from fifty to three hundred feet in height, rising precipitously from the level ground. Some of these are near and on the bank of the river, which is also, in places, bordered by low mural expos- ures of the same sandstone. The river itself is constantly obstructed by shifting sand-bars, resulting from the ancient disintegration of the sandstone, which, in the vicinity, everywhere forms the basement rock ; but its course is not interrupted by rock rapids. As it nears the northern line of Columbia County, the high ground that limits the sand plain on the west, curv- ing southeastward, finally reaches the edge of the stream, which, by its southeasterly course for the last twenty miles, has itself approached the high ground on the east. The two ridges, thus closing in upon the river, have caused it to cut for itself the deep, narrow gorge known as the Dells. In the second section of its course, the Wisconsin receives several important tributaries. Of those on the east, the principal ones are Duck Creek and Ten-Mile Creek, in the southern part of Wood County ; and the Little and Big Roche-a-Cris Creeks, both in Adams County. The two form^ head in a large marsh twenty-five miles east of and over one hundred feet above the main stream. The two latter head on the high dividing ridge, on the west line of Wau- shara County, at elevations between one hundred and fifty and two hundred feet above their mouths. These streams do not pass through a timbered country, but have very valuable water- powers. Of those on the west, two are large and important — the Yellow and Lemonweir Rivers. Yellow River heads in Township 25 north, in the adjoining corners of Wood, Jackson and Clark Counties, and runs a general southerly course, nearly parallel to the Wisconsin for over seventy miles — the two gradually approaching one another and joining in Township 17 north, of Range 4 east. The Yellow River has its Archaean and sandstone sections — the former exceedingly rocky and much broken by rapids and falls, the latter comparatively sluggish and without rock rapids. The upper portions of the river extend into the pine regions, and much Jogging is done in times of high water. The water-powers are of great value. The Lemonweir IS also a large stream. Heading in a timbered region in the southeast corner of Jackson County, It flows southward for some distance through Monroe, and, entering Juneau on the middle of its •316 HISTORY OF DANE COUNTY. ■west side, crosses it in a southeasterly direction, reaching the Wisconsin in Section 24, in Town- ship 15 north, of Range 5 east,' having descended in its length of some seventy miles about two hundred feet. The Wisconsin enters the gorge, already spoken of as the Dells, not far above the southern boundary line of Juneau and Adams Counties. This famous passage, of about seven and one- half miles, has been often described. 'At its foot, between the counties of Sauk and Columbia, the Wisconsin enters upon the last section of its course, and also upon the most remarkable bend in its whole length. Through the Dells, its general course is southward, but it now turns almost due east, in which direction it continues, with one or two subordinate tarns southward for about seventeen miles, through low sand banks as far as Portage. Here it bends abruptly south again, and, reaching its most eastern point not far below, soon swerves around into the final southwest- ward stretch to the Mississippi. The cause of this long detour to the east is sufiiciently evident. As the river leaves the Dells, it finds lying directly athwart its course two bold quartzlte ranges, extending east and west through Sauk County for upward of twenty miles, and, crossing into Columbia, finally unite about eight miles east of the county line in a sharp and bold east- wardly projecting point, rising four hundred feet above the river bottom. Above Portage, where the Wisconsin forms the southern boundary line of the town of Lewiston, the ground immediately north is lower than the water in the river — the heads of Neenah Creek, a tributary of the Fox, rising a short distance from its banks. In times of high water, the Wisconsin over- flows into these streams, and thus contributes to a totally difierent river. At Portage, the Fox, after flowing south of west for twenty miles, approaches the Wisconsin, coming from the oppo- site direction. Where the two streams are nearest, they are less than two miles apart, and are separated by a low, sandy plain, the water in the Fox being five feet below that of the Wiscon- sin at ordinary stages. The greater part of this low ground is overfiowed by the latter stream in times of high water, and to this is chiefly due the spring rise in the Fox River. After doubling the eastern end of the quartzite ranges, as already said, the Wisconsin, turns again to the west, being forced to -this by impinging on the north side of a high belt of limestone country, which, after trending southward across the eastern part of Columbia County, veers gradually to a westerly direction, lying to the south of the river, along the rest of its course. Soon after striking this limestone region, the river valley assumes an altogether new character, which it retains to its mouth, having now a nearly level, for the most part treeless, bottom, from three to six miles in width, ten to thirty feet in height, usually more on one side than on the other, and bounded on both sides by bold and often precipitous bluffs, one hundred to three hundred and fifty feet in height, of sandstone capped with limestone. Immediately along the water's edge is usually a narrow timbered strip, rising two to four feet above the river, which is overflowed at high water. The line of blufis along the north side of the valley is the northern edge of the high limestone belt just mentioned, which reaches its greatest elevation ten to fifteen miles south of this edge. In front of the main bluff-face, especially in its eastern extension, are frequently to be seen bold and high isolated outliers of the limestone country. , On the north bank, the bluffs are at first the edges of similar large outlying masses, but farther down they become more continuous, the river crossing over the northwestward trending outcrop line of the Lower Magnesian limestone. In this last section of its course, the Wisconsin is much obstructed by bars of shifting sand, derived originally from the erosion of the great sandstone formation which underlies the whole region, and to whose existence the unusual amount of obstruction of this kind in, the river is due. The altitude of the water surface of the Wisconsin at Lac Vieux Desert above Lake Michigan, is 951 feet ; at Wausau, above dam, 623 feet ; at Knowlton (high), 638 feet— (low), 523 feet ; at Stevens Point, 485 feet ; at Conant's Rapids, 468 feet ; at 'GrandlRapids — railroad bridge, 420 feet; at Kilbourn City — railroad bridge, 233 feet; at Portage, 211 feet; at Merrimack, 182 feet; at Sauk City, 165 feet; at Spring Green bridge, 134 feet; at Muscoda, 115 feet; at the mouth of the stream, 34 feet. The average velocity of the river below Portage is remarkably uniform, and is just about two miles per hour. The daily dis- HISTORY OF DANE COUNTY. 317 charges of the river at Portage, in times of extreme low water, is about two hundred and fifty-nine million cubic feet. The average fall of the water surface of the river below Portage is one and one-half foot per mile. This rapid fall, were it not for the great amount of sand in the river- bed, would make the stream a series of pools and rock rapids. Bock River. — The Rock River, by its tributaries, drains, as we have already shown, all of Dane County, except its northwest part. This last-mentioned portion of the county — only one- tenth, in fact — is drained by the Wisconsin and its affluents. Rock River has no part of its main channel within the limits of the County — though Lake Koshkonong, which is but an enlargement of the stream, extends westward into a small portion of the town of Albion. Two of the principal western tributaries of Rock River are themselves rivers — Sugar River and the Yahara. Sugar River. — This stream drains by two principal branches, as previously mentioned, a large part of the southwest portion of the county. The river proper, after leaving Dane and running through Green County, passes into the State of Dlinois, discharging itself into Rock River, in Winnebago County. The Yahara. — This stream (formerly known as the Catfish) crosses almost the entire width of the county from north to south. Its first course is a little to the southwest, until it reaches Lake Mendota. Passing through this lake, it takes a southeasterly direction, connect- ing it with Lakes Monona, Waubesa and Kegonsa. It then pursues the same general course until it enters Rock County from Section 35 of the town of Dunkirk., It empties into the Rock River on Section 19 of the town of Fulton, in the last-mentioned county. LAKES. There are a number of lakes in Dane County, but the principal, and those most attractive are "The Four Lakes," lying in the valley of the Yahara, and nearly in a direct line from northwest to southeast. Mendota. — This is the uppermost and the largest of the four lakes. The larger part was formerly in the town of Madison, and the remainder in the town of Westport ; but " the entire surface, to the shores at high- water mark around it," is now included in the limits of the city of Madison. Its most northern shore is eleven miles south of the northern boundary of the county. Monona. — This is the next lake below Mendota, and lies to the southeast of it, at a distance, in one place, of only 180 rods from it. Monona is also wholly within the limits of the city of Madison, though the larger part was formerly in the town of Blooming Grove, and the remainder in the town of Madison. Waubesa. — This lake, the one next belowi Monona, and lying to the southeast of it a short distance, has its larger part in the town of Dunn, and the residue in the town of Blooming Grove. Kegonsa. — The lowest of the four lakes is Kegonsa, distant from Waubesa, in a southeast direction, nearly three miles. It is seven miles north of the south line of the county, and lies in the towns of Dunn and Pleasant Springs. Each lake is surrounded by a broad valley, which, with the bottom lands bordering upon the numerous small streams flowing into them on all sides, forms a portion of an agricultural country of great fertility. The water of all these lakes is cold and clear. Their bottoms, which are visible at a con- siderable depth, are composed of white sand, interspersed with granite boulders. Their^banks, with few exceptions, are bold. A jaunt upon them affords almost every variety of scenery — bold escarpments and overhanging cliffs, elevated peaks and gently-sloping shores, with occasional strips of meadow land between, affording magnificent views of distant objects of interest. TiT^^"^ ^^° visited these lakes during the Black Hawk war, in 1832, gives this account of them : ^' It may not be uninteresting to the reader to give a small outline of these lakes. From a description of the country, a person would very naturally suppose that those lakes were as little pleasing to the eye of the traveler as the country is. But not so. I think they are the 318 HISTORY or DANE COUNTY. most beautiful bodies of water I ever saw. The first one that we came to [Monona] was aboiit ten miles in circumference, and the water as clear as crystal. The earth sloped back in a gradual rise ; the bottom of the lake appeared to be entirely covered with white pebbles, and no appears ance of its being the least swampy. The second one that we came to [Mendota] appeared to be much larger. It must have been twenty miles in circumference. The ground rose very high all around ; and the heaviest kind of timber grew close to the water's edge. If these lakes were anywhere else except in the country they are, they would be considered among the wonders of the world. But the country they are situated in is not fit for any civilized nation of people to inhabit. It appears that the Almighty intended it for the children of the forest. The other two lakes [Waubesa and Kegonsa] we did not get close enough to for me to give a description of them ; but those who saw them stated that they were very much like the others." Could this writer now revisit these lakes he would see what a half-century has accomplished ; he would conclude now that "the country" these bodies of water "are situated in" is emi- nently fitted "for any civilized nation of people to inhabit." The numerical names of the Four Lakes — " First Lake," " Second Lake," " Third Lake," "Fourth Lake" — by which they were formerly known,, had their origin in this wise: When the county was surveyed by the General Government, the surveyors numbered the lakes upon their plats in consecutive order. The survey having been commenced on the Illinois State line and carried north, the lower lake was the first one reached, and was noted as " First Lake ;" the next one above was marked as " Second Lake ;" and so on. The first map of the Four- Lake country having the lakes marked upon it with any degree of accuracy, was compiled from these surveys, and the numbering of the lakes was retained as found upon the Government plats. Other maps were soon published, having these bodies of water designated in the same manner, and they were, as a consequence, so distinguished by the early settlers. This use continued general until 1849. Whether or not the Indians had separate names for the lakes is unknown. Collectively, they called them " Ty-co-be-rah ;" that is, The Four Lakes ; hence, the Indians were spoken of as living, not on any particular lake, but at " The Four Lakes "— Tycoberah. "In 1849," writes Simeon Mills, "I employed a young man from Philadelphia by the name of Frank Hudson, to survey and plat what is known as the University Addition to Madi- son. Mr. Hudson was very fond of reading, devoting much time to such works as gave accounts of the habits and customs of the natives. While thus engaged, he found, in some Indian legends, the names Monona and Mendota, and at once suggested these appellations as suitable to the lakes which then limited, on either hand, the boundary of Madison. This suggestion was generally approved — Mendota being applied to the Fourth Lake, and Monona to the Third Lake." " Some years later," continues Mr. Mills, " the subject of giving Indian names to all the lakes was brought up. The names Kegonsa and Waubesa were found and adopted by Gov. Farwell and others then taking an interest in the matter, as appropriate for the other two lakes — Waubesa for the Second Lake, and Kegonsa for the First Lake." To make the naming of these lakes such a formal and public matter as to give it dignity and command respect, the following act was introduced into the Legislature, and became a law February 14, 1855 : An Act to change the names of the "First," "Second," "Third" and "Fourth" Lakes in Dane County and the Catfish River. The people of the State of Wisconsin, represented in Senate and Assembly, do enact as follows: Section 1. The " First" Lake, in Dane County, shall hereafter be known as Lake " Kegonsa." Sec. 2. The "Second " Lake, in said county, shall be known and designated hereafter as Lake " Waubesa." Sec. 3. The "Third" Lake, in said county, shall be known and hereafter designated as Lake "Monona." Sec. 4. The " Fpurth " Lake, in said county, shall be known and hereafter designated as Lake " Mendota." Sec. 5. The stream now designated and now known as the " Catfish," shall be named and hereafter be known as the " Ya-ha-ra." Sec. 6. This act shall take effect and be in force from and after its passage. Approved February 14, 1855. HISTORY OF DANE COUNTY. 319 The Four Lakes have awakened enthusiasm abroad as well as at home because of their beauty. Poets sing rapturously of these lakelets " strung like jewels on a cord of silver." Henry W. Longfellow, under date of January 20, 1876, writes : Four limpid lakes — Four Naiades Or sylvan deities are these, In flowing robes of azure dressed; Four lovely handmaids, that uphold Their shining mirrors, rimmed with gold, To the fair City in the West.* By day, the coursers of the sun Drink of these waters, as they run Their swift, diurnal round on high; By night, the constellations glow Far down their hollow deeps below, And glimmer in another sky. Fair lakes, serene and full of light. Fair town, arrayed in robes of white, How visionary ye appear! All like a floating landscape seems In cloud-land or the Land of Dreams, Bathed in a golden atmosphere! Aether poet has this description : I. As when some vision, beautiful and mild. Dimples the fair face of a sleeping child, A viewless-winged zephyr breaks To wrinkling silver, yonder lakes; Now here, now there, while all between. Those shivered spots of sparkling sheen. Rivers of smoothest glass are seen. II. Von snowy sail seems lapped in dreamy rest. Immovable upon the lake's calm breast ; So quiet all — without a stir — That one might almost dream it were The work of some painter's mastery — A glimpse of that blue ^gean Sea That lives, golden-hued, in the memory. III. Beyond the shining floods, against the sky, The prairie lifts its smooth, green swells on high. While on yon summit— half-concealed Amid green groves, and half-revealed — There stands a youthful city, fanned By temperate airs and breezes bland, Fit Capital of this Arcadian land. IV. Summer is here ; her touch has clothed these hills ; She swoons at noonday by the lapsing rills. Whose moist, cool gurglings charm the wood ; Her presence o'er this scene doth brood ; By her the fair earth is bedight ; She weaves its vestments green and bright, And floods its countless vales with light. V. Lakes, forests, prairies, "beaked promontories," Delight the eye, bright in their summer glories. And on yon height, those domes and spires, Up-pointing, glow like altar-fires ; Above its groves, and overhead, The bluest heaven of June is spread, The j asper pavement which the immortals tread. •The poet here refers to the city of Kadkon. 320 HISTORY OF DANE COUNTT Charles George Mayers, of Madison, has completed three of a series of " Songs of the Lakes," from one of which the following extract, describing a young Indian hunter's first successful shot upon the banks of the Yahara, is taken. The scene is laid on the upper river, in the town of Westport : Scarce the east has ta'en the tintiner Of the first gray dawn of morning, When he sprang refreshed from slumber, Donned the panthers rude adorning. No more careless was his bearing ; But while listening acutely. Restless flashed his eyes like meteors Trav'ling swiftly, softly, mutely. Not a chirp of bird, or murmur Of the woods, but well was noted ; To the chase the youthful hunter Every energy devoted. Thus he sped until he halted By the winding, broad Yahara. In the east, the sun arising Threw aloft his red tiara. As the hunter reached Yahara, Stealing cat-like through the bushes — To the water's edge advancing, Listening keenly for the breaking Of the forest silence. Ah ! why do the branches quiver ^ Just beyond the hillock, rising At the sharp bend of the river ? The air can scarcely hear his movements, Though his steps are nearly flying. Till the gentle breath of morning From the spot, tow'rd him is sighing. Then, still creeping nimbly forward. Nature's stillness is unbroken ; Until, at an easy bow-shot, He perceives, in quiet, feeding, Three good deer, in careless safety ; His approach, unknown, unheeding. One brave stag, with branching antlers. Shook his crest and bid defiance To the forest. He the monarch. Stood erect in self-reliance. Then the boy's heart was bounding, Though his nerves were all unshaken, As to head he drew the arrrow. Twice he tried if sure and steady. He could aim behind the shoulder ; But the intervening brushwood Made him choose a method bolder. Eose erect, like silent shadow. And before the stag had seen him Sped the fatal shaft like lightning. Then by instinct, he embodied The antique, the great Apollo, Form of beauty standing rigid. Sight and soul the arrow follow. Right arm gracefully withdrawing, Still his left the bow extending. On the flying arrow's fortune, Every faculty is bending. But a moment stands the statue Breathless, most intently watching Ere the heart leaps up to manhood. All the hunter's ardor catching. One brave bound the stag attempted, HISTORY OF DANE COUNTY. 321 Then stood still, except the shivering Of the death-stroke; for the arrow, Deep-sunk in his ^esh, was quivering. Stealing swiftly, like a specter. Fearlessly the hunter hurried ; And before the stag could rally, Fatally the knife was buried. Then he stood intently watching Where the gasping and the sighing Of the fallen forest monarch Told the noble stag was dying ; And his heart was touched to sadness Sy the piteous glance, appealing ; For an eye of matchless beauty More than instinct seemed revealing. The Four Lakes and the river which drains them, were surveyed in 1839, by Capt. T. J. Cram, under authority of the General Government. In his report, Capt. Cram says : " The Fourth Lake, which is the summit lake, has a periphery of 19J miles, and covers an area of 15-j^^^ square miles. Its longest diameter bears due east and west, and is 6 miles in length ; and the transverse diameter, perpendicular thereto, is 4 miles long. The water in this lake is cold and pure, and of depth sufficient for all purposes of navigation by small steamers. The land bordering upon it is hilly, undulating, and in many places broken. On the north side it is well timbered, chiefly with hard wood, and lime and siliceous stone are found in abun- dance ; the quality thereof, however, has not been sufficiently tested to enable one to form a just estimate of its value for building purposes. " From information derived from His Excellency, Gov. Dodge, it is inferred that a canal, hav- ing the Fourth Lake for its summit reservoir, might be easily constructed between this lake and the Wisconsin River. The Indians are said to have made the passage through, with their canoes, in time of high water. It would be well to examine the ground along this route, with a view to test the feasibility of opening a suitable canal ; and, if found practicable, plans and estimates of the cost of construction should be made. " The channel between the Fourth and Third Lakes is 1 mile in extent, and varies in width from 60 to 100 feet ; immediately at the outlet, the width, however, is but 35 feet ; and the cur- rent is proportionately strong, the depth not exceeding two feet. This shoal extends 1,000 feet into the lake, and about 500 feet down the channel, before giving a depth of 3 feet. The total fall in this one mile of channel is approximately estimated at 22 inches. At the entrance to the Third Lake, a shoal occurs of a similar character to the one just described. " The method of improving this channel would be to deepen it, and clear out the sunken timber and brush found in it, and to construct a lock of suitable lift at the entrance of the Third Lake, in a manner, however, not to produce stagnant water in the channel above. " The Third Lake is 12J miles in circumference and covers 5-j^ square miles. Its longest diameter is 3J miles in extent, and bears north 41° east, and the diameter perpendicular thereto is 1t^^ miles long. The water is pellucid, and has a depth along the usual boat track of more than 10 feet. The shores are ■ hilly and undulating, bearing a scattered growth of burr and white oak. * " The channel through which this lake is discharged, has a depth of 9 feet immediately at the outlet, with a muddy and sandy bottom ; but the depth soon decreases to 4 and finally down to 2 feet, where the bottom becomes gravelly, with numerous sand and lime rocks for an extent of f of a mile ; these rocks, however, can be easily removed. "The water is sometimes so low that the rocks are seen projecting above its surface, when the depth cannot exceed 12 inches. After leaving this bed of rocks, the channel carries from 3 to 6 feet depth to the entrance of the Second Lake; at this entrance there occurs a bar of 150 feet width, having from 3 to 3 J feet of water over its summit ; after passing the summit, how- ever, the water attains a depth of 1 fathom in a distance of 150 feet. The length of the channel, 322 HISTOEY OF DANE COUNTY. between the Third and Second Lakes, is ^^ of a mile, and its breadth averages not less than 350 feet, and its current is quite gentle. The method for improving its navigation is so obvious that description is not necessary. " The Second Lake has a periphery of ^y^-^ miles, and a surface of 4/^ square miles ; its greatest diameter bears north 17° east, and is S^ miles long. The diameter transverse and perpendicular thereto is Ixttt fniles long. The water in this lake is likewise pure and carries a depth along the boat track of one and a half fathoms. On the north and east the shore is marshy, with a low, gravelly bank intervening between the marsh and the water's edge ; on the southern and western shores the land is elevated, undulating, presenting high knobs and bluffs. " The length of the channel between the Second and First Lakes is 3J miles ; at the outlet of the Second there are many rocks in the bed of the stream, which, however, can be removed without blasting. At a short distance below the outlet, a rapid occurs, having a total fall of rVinr of ^ foot, in a distance of 800 feet, where there is but eighteen inches depth of water; below this rapid the depth soon increases to three feet, and the bottom becomes sandy. About one mile lower down a second rapid occurs for an extent of 660 feet, in which the total fail is Tnnnr of a foot, and depth from 22 to 30 inches ; after which Ihe depth increases to three and four feet. At a point about 1,200 feet further down, the stream expands into a breadth of four-tenths of a mile, and has a depth which varies between the limits of thi'ee and six feet; after attaining the last limit, the depth suddenly decreases to two feet, where a third rapid com- mences, whose total fall in 1,200 feet is Tthrs of a foot. In this rapid the depth is but 12 inches, and several large rocks appear above the surface of the water, where an old Indian fish-dam crosses the stream. Immediately below the third rapid, the stream has a depth varying from 20 to 30 inches, and farther down from two and a half to three feet, with numerous rocks in its bed. Succeeding this, the stream is reduced to two feet in depth ; then attains to three and a half feet, and holds this last depth to the entrance of the First Lake, excepting where two bars occur, over which the depth is but two feet. " The method that appears to be suitable for the improvement of the channel (between the Second and First Lakes) is to erect a dam at the foot of, the third rapid, to produce slack water between it and the Second Lake, of suiBcient depth to cover all the intervening obstructions, which, in all probability, might be done without overflowing much valuable land ; and to deepen the channel between the foot of said rapid to the entrance of First Lake, so as to give sufiicient depth quite over the bar into this lake. " The First Lake has a circumference of 9| miles, and contains 5 square miles of surface; its longest diameter points due east and west, and is 3J miles in extent ; and the north-and- south diameter is 2 miles long. The water is as pellucid as that of the other lakes, and carries a depth along the boat track varying from 7 to 10 feet, excepting near the outlet, where, as usual, there is a bar over which the water is but 2 feet deep. The shores, with few exceptions, are good; in some places they are rolling and uneven, being broken by bluifs and interspersed occasionally with small. marshes. The timber is scanty and of inferior quality. " From the outlet of the First Lake to the head of the Dunkirk Falls, the distance, by the river (called the Catfish), is 9 miles. The average breadth of the stream is about 130 feet, being occasionally reduced to 60 feet at the short bends, where the depth is usually at least 5 feet; at other places it was found not less than 2 J feet, and generally from 2f to 3»feet. The fall in these 9 miles is so uniform, and the current so gentle, that dams are deemed to be unnecessary ; and all that would be required for the improvement would be to deepen the channel in a few places, and, perhaps, dredge ofl" a point of ground occasionally, where an elbow occurs. " From the head of Dunkirk Falls to the entrance into Rock River is 12J miles. There is a continued succession of short rapids, with intervening pools, wherein the current is gentle. " The banks of the river are high and generally bordered.by hills, varying in altitude from 30 to 40 feet. They are generally favorable for the erection of dams." Besides the Four Lakes, there are numerous others of smaller size in Dane County, the principal one being Lake Wingra, in the town of Madison. The following are noted on the HISTORY or DANE COUNTY. 323 County maps : Fish Lake, Crystal Lake, two Mud Lakes, Goose Lake, Lake Koshkonong (only a small part), Bass Lake, Island Lake, Hook Lake, Rice Lake, Crane Lake, Indian Lake, Har- riett Lake and Turtle Lake. NATURAL MOUNDS AND SINK-HOLES. In Southwest Wisconsin there are no mountains, and the nearest approach to them are the natural mounds — the Sinsinawa Mound, in Grant County ; the Platte Mounds, in La Fayette County; and the Bliie Mounds, in Iowa and Dane Counties. The Sinsinawa Mound is a very conspicuous object in the southern part of Grant County, near the village of Fairplay. It is composed for the most part of the Cincinnati group, capped with a small amount of Niagara limestone. The Platte Mounds are three in number, about a mile apart, the middle one being very small in comparison with the other two. The large ones, the east and west mounds, are about the same elevation, and are capped with a very hard Niagara limestone, to which they doubtless owe their preservation in the general washing away of the surrounding country. The ground slopes away from them so gently, and blends so gradually with the surrounding highlands, that it is impossible to define exactly where the mounds begin. The Blue Mounds are two in number ; one, the West Blue Mound, being in Iowa County, and the other, the East Blue Mound, being in Dane County. The top of the West Mound (which is the higher of the two) consists of a hundred feet of very hard flint, or chert rock, somewhat resembling quartzite ; below this .is the Niagara limestone. This cap of chert seems to have been removed from the East Mound, the top of which is a flat table-land under cultivation. These mounds are very conspicuous, and can be seen from any moderately high land for many miles around. The East Blue Mound is mostly in the town of Blue Mounds, in Sections 5 and 6, in Township 6, of Range 6 east. The Blue Mounds, like the others mentioned, owe their origin to erosion, and not elevation. They are the outlines of an ancient world, landmarks of ages too remote to be computed by years — boundaries which remain to prove the existence of a former surface over all Southern Wisconsin, of which in the lapse of epochs more than six hundred feet have been dissolved and carried away by the action of the elements. The Blue Mounds, being the highest, dominate all the others. Sharp-cut valleys and ravines radiate from their hoary sides in nearly every direc- tion ; springs break out along the margins of the successive layers, and streams run to the four points of the compass. The West Blue Mound rises to a height of 1,151 feet above Lake Michi- gan, and 1,729 feet above the ocean, and is the most elevated point in Southern Wisconsin. There are other natural mounds in Dane County, serving as striking features of the locality where they exist; but they are small in comparison with the East Blue Mound. Very remarkable features in the vicinity of the Blue Mounds are the numerous sink-holes found near their base, and frequently quite far up their sides. These sinks are usually in groups of three or four, and invariably in nearly an east-and-west line. One group is near the former residence of Ebenezer Brigham, at the foot of the East Blue Mound, in the town of Blue Mounds, in the southwest quarter of Section 5, in Township 6, of Range, 6 east. There are about a dozen of them, nearly round, varying in diameter from ten to twenty feet, and about five feet deep, all in a line, bearing about 10° north of west. It is probable that the water, perco- lating through the earth into crevices beneath, has in the course of time carried so much of the soil with it as to cause a falling in of the surface, leaving the sinks as the result. Sinks do not appear to be confined to the Galena limestone, but seem to be quite as frequent at the Blue Mounds, in the Niagara formation. They have been observed in many other localities in the lead region. THE VERONA CAVE. " On the northeast part of Section 5, in the town of Verona, is the ' Great Cave of Dane County.' About eleven miles distant, and a little southwest of Madison, near the crest of th* dividing ridge which separates the lake region from the valley of Sugar River, there exists the basin of an ancient pond or lake, covering about four thousand acres, whose waters have long 324 HISTOEY OF DANE COUNTY. since departed, and whose drainage is directly into the face of a bluff. This inlet, a quarter of a century ago, was penetrated nearly two thousand feet, and yet has never been fully explored or its mysterious depths examined by mortal eye. It is about five hundred feet above the level of the four lakes, and the openings apparently tend to the west. Sugar River is about one and a half miles distant, but no evidence has ever been discovered to warrant the belief that these waters anywhere enter or make a part of that stream. All indications, indeed, point to the cer- tainty that it is an entrance to that vast subterranean river system known to permeate the lead region at a great depth, and whose unknown outlet may be hundreds of miles away. Early explorers always halted from fatigue or lack of adequate preparation to proceed, and not because the way was not open ; and nothing like an end has ever been reached. " The deposit in which this immense grotto exists, is the cliff or Upper Magnesian lime- stone, which at this point is known to be underlaid by a sandstone formation, whose thickness is probably forty or fifty feet. That the channel has been cut down to this more friable material, at some point of its course, is not doubted, and hence it is naturally concluded that, if fol- lowed to the line of junction, the dimensions of the cave would swell to colossal proportions. As it exists at present, there are four narrow entrances, badly choked by the debris fallen at the mouth, or material carried in by currents. The two most southern openings unite at the distance of some fifty or sixty feet, whence cavern succeeds cavern, so far as known, for thousands of feet. Once within this rocky chamber, there v^as forii^erly no serious obstacle to progress ; but the present difficulty of entrance has kept thousands from the spot. It has also had the effect of keeping the walls of the interior openings in a much damper condition than they otherwise would be, by preventing the draft of outer air, which passes steadily through the whole known extent of the cavern. The far inner rooms have all the usual characteristics of the most noted caves in the country. Pendant stalactite has its corresponding stalagmite, at present much dis- colored by the newly added sediment. The walls are worn into strange and fantastic shapes, and everywhere exhibit the erosive power of rushing water. Long corridors and halls, whose smooth, rocky sides would seem to bid defiance to any power, connect the numerous vestibules and chambers, some of which are from twenty to thirty feet in height and of great and almost unknown depth. '' That the cave consists of several stories, is evident from numerous indications, both exterior and interior. It is proved by the sound of voices when large parties are exploring the numerous ramifications ; by variations in level ; and more particularly by a whirlpool in seasons of flood, outside the entrance, which proves that the ancient channel has been choked by fallen rocks, and underlies the whole cavern thus far examined. It is still further proved by the clean-cut bank of the outside water-course, whose bottom is several feet below the present entrance — an impossible achievement if they were the natural inlet. Still further, no pond or water ever remains in front of the cave, in the basin below the existing entrance level, which would be impossible if it did not have a subterranean escape. Once cleared of accumulated debris, and instead of one or more, there would probably be found a cave of several stories, the lower of which would amply suffice to drain the region, leaving the others ordinarily dry and intact. Until this is done, the full extent and beauty of this mighty freak of nature will never be fully known or appreciated. ' Parties living close at hand give wonderful accounts of the phenomena witnessed after great and sudden floods, when the waters, dammed back by the choked entrance, rise ten or fifteen feet against the face of the cavern, compressing the inner air, which escapSS' through small fissures, to the crest of the hill, with a hiss and a roar somewhat akin to the shriek of a steam whistle. At one spot, indeed, the conversation of parties deep in the cave can be heard directly overhead, showing that if extra ventilation were ever needed it could be easily provided for. Anything like floods, in this elevated basin, however, are extremely rare, and could only occur after long- continued rains, or the sudden melting of great and heavy bodies of snow. No rain-fall from May to November has ever been known large enough to send any water into the opening, nor does any enter during the months of winter. f>i '-JL THE FIRST WHITE WOMAN IN BARABOO VALLEY. HISTORY OF DANE COUNTY. 327 " It is greatly to be regretted that drift--wood and other material have been allowed access, and to accumulate in such quantities as to preclude thorough explorations. Fossil remains of the mastodon, the mammoth and the elephant, as well as of other extinct species, have been found in deep fissures in various parts of the lead region ; and there is every reason to suspect their existence here. These cavities originated from a common cause, and have a natural relation to each other. Science had much to anticipate from the revelations of this vast subter- ranean tunnel. Its buried chambers, of curious form and magnificent proportions, would have been the delight of future generations, if rendered accessible. Possibly the entrance rubbish of the lowest cavity may yet be removed, and by that means the upper chambers be cleansed and restored. In any event, the spot will be visited by the curious, as it is unlike any other cavern in the country, and the only one whose entrance is at its source, and not the mouth. The darkness that hides its interior secrets covers a great mystery."* "A mystery hangs around the cave which has, perhaps, been intensified by the recollection of an adventure that occurred to two citizens of the town of Verona when in it, and, though it might have proved fatal, it could not possibly have occurred had a little more care been taken in providing enough lights to carry with them. The mouth of the cave is under a ledge of rocks that hangs over a small valley, of which it is the terminus. Before the rains had washed so much debris as- now exists around its entrance, there was a large enough opening for any person to pass in and out conveniently. " James Waddell and a Mr. Goodrich started one tnorning on horseback to examine the cave. Providing themselves with candles, they entered the cave and proceeded to investigate the interior, previously tying their horses outside. The fascination of desiring to continue their search farther than they had provided lights for, led them so far that their last candle was nearly exhausted before they thought it prudent to return. Unable to retrace their steps, however, before it gave out entirely, one of them, taking off his shirt, tore it into strips, and, lighting them, made some progress in the direction from which they had come. The cotton strips becoming exhausted, they were left in the solitude of the unknown cave, and, sitting down, felt themselves worse than lost — buried alive. " Meanwhile, one of the animals that had been tied to the trees broke loose, and, going home, created considerable anxiety to the wife and brothers of Mr. Waddell. The two brothers, John and Walter, knowing that James had gone to the cave, immediately supplied themselves with a rope and candle, and proceeded in search of him, dreading that some choke-damp had destroyed his life. Arriving at the cave, they cautiously entered, and, lighting their candle, one stood near the mouth and held the rope, while the other took one end of it, and, with the light, started farther in, calling his brother by name. Repeated shouting brought no answer, until mental anxiety getting the better of both, they dispensed with the rope, and proceeded together farther in, repeatedly calling as they went. At length a faint response was heard in a distant part of the cave, and, as each hurried to the other, the sounds grew more distinct, and finally brought the two lost men to their side, overjoyed at their fortunate escape from a living tomb. " The four men now endeavored to return, but it seemed evident, for some time, that it was impossible. The intricate passages on every side of them seemed to bafiie every effort to retrace their steps, while their nearly exhausted candle gave them but little hope. Seeking for the out- let, Walter discovered on a number of the pillars supporting the arches, a portion of the rock assuming the shape of a spear or arrow-head, and always pointing one way. Concluding to fol- low these marks, they finally found them point toward the mouth of the cave, where they arrived in safety, although very late in the evening. With deep gratitude for their fortunate deliver- ance and second escape, they made all possible haste to relieve the anxiety of those at home, feeling satisfied that the deep and intricate passages of the cave were no longer a myth to them. " It is supposed by some that the marks on the pillars were caused by the action of the water as it rushes through the passages during the heavy rain-falls ; but these men were of the •Frum the pan of H. A. Tenney, of the town of Madison. 328 HISTORY OF DANE COUNTY. impression that they gave evidence of having been cut by human hands, perhaps by Indians, and that at one time the cave was known to them in all its intricate windings by these marks. " The Wrst white man known to have entered the cave was John MacDonald, Jr., who in 1845, went in about 8 o'clock in the morning and, losing his way, was unable to make his escape until far on in the afternoon of the same day. His intention was to go no farther than he could observe the rays of light reflected from the mouth, and which he endeavored to keep steadily watching, by walking in a half-turned position from the mouth to the interior. Finally thinking he had lost the light, he started back, and was only able to extricate himself after the lapse of time above stated. His case would have been a hopeless one, had he been unable to find his way out, as none of his friends knew of his intention ; indeed, it was only a thought of the moment with himself.* *From " Madison, Dane County and Surrounding Towns," pp. 581 — 583, note. HISTORY OF DANE COUNTY. 329 OHAPTEK II. Ancient Eaethworks— Indian Occupancy— Was John Nicolet in Dane County in 1634 'i— FiEST White Men in Dane County— Eakly Fkench Explokees— Jonathan Cabyer's Visit in 1766— The Wisconsin Kiyer an Early Highway— The Winnebago War. Ancient Earthworks. Perhaps no county in Wisconsin is more prolific of ancient earthworks — traces of the so-called Mound-Builders — than Dane. Indications of the former occupancy and industry of a people long since passed away, are seen on every hand. The United States Surveyors, when they sur- veyed the different townships of the county into sections in 1832, 1833 and 1834, noted many of the mounds. Early visitors to "the Four Lake Country" also noticed them. A writer in 1838, says: " The [ancient] earthworks which have been constructed in the shapes of animals, abound in the Iowa District [county] of Wisconsin. They occur, mixed with the other varieties, in great numbers around the highlands which skirt the 'Four Lakes,' forming a species of alto relievo of gigantic proportions. This district appears to have been originally much resorted to by the early tribes, whose relics we here behold, mixed with those of the modern Winnebagoes. At one spot alone, probably, at least one hundred tumuli may be counted. The Indian path, along which we passed, has, for near half a mile in length, a series of these, mixed with circular mounds, in tiers several deep, on both sides ; forming a cemetery in magnitude of itself sufficient, one would imagine, for the chiefs and warriors, and their descendants, of a whole tribe, if such was the original design of these earthworks. On the summit of some might be seen the recent graves, protected by palisades, of the last Indian possessors of the soil. " The site of a singular group of mounds, where are seen the effigies of at least six quad- rupeds ; six mounds in parallelograms ; one circular tumulus ; one human figure ; and one circle or ring — is about eighteen miles west of the Four Lakes, and seven miles east of the two remarkable hills called the Blue Mounds. The great Indian trail or war-path which leads from Lake Michigan, near Milwaukee, to the Missisippi, above Prairie du Chien, passes along the edge of this chain of works, and is now for many miles adopted as the route of the military to the latter fort [Crawford]. We pursued this route for a great distance along the dividing ridge between the northern and southern waters [that is, between the waters of Rock River and those of the Wisconsin] ; and we continually saw memorials of the character above described, along its borders. "What animals were intended to be represented by these rude monuments of earth, now covered with the rank prairie grass, is not altogether apparent. If of the horse, the design is somewhat doubtful. We were rather inclined, however imperfect the representation, to attribute the intention of the constructors to be that of exhibiting the figure of the buffalo, an animal which had here the finest pasturage and almost boundless range, within one of the most ample hunting-grounds, and was exceedingly numerous at the time of the first exploration of the country by the French. It is nevertheless to be admitted that the hump, a remarkable char- acteristic of the buffalo, which it would seem unlikely to have been omitted in the representa- tions of that animal, is never seen in these figures, which are distributed over the surface of so many hundred square miles of this country. "The respective dimensions of these animal effigies in the group before described, are 90, 100, 102, 103, 120 and 126 feet in length ; all of them apparently represent the same descrip- tion of animal. Figures having precisely the same proportions in their outlines, may be seen at 330 HISTORY OF DANE COUNTY. very short intervals throughout the Territory of Wigponsin, being generally from 90 to 120 feet and extending to 150 feet long. This form, although the most prevalent, is by no means the only one. In the midst of the group before mentioned, and forming a very important portion of it, we have now to notice the representation of a human figure, lying in an east-and-west ■direction ; the head toward the west, and the arms and legs extended. Its length is 125 feet and it is 140 feet from the extremity of one arm to that of the other. The body or trunk is thirty feet in breadth, the head twenty-five feet, and its elevation above the general surface of the prairie is about six feet. Its configuration is so distinct that there can be no possibility of a mistake in assigning it to the human figure. " There is nothing remarkable about the oblong mounds. The circular tumulus in the center is the highest and overlooks the whole group. Whether all or any of these earthworks contain bones, we bad no opportunity of determining. They probably all do. " The site of this interesting series is an elevated open prairie on the dividing ridge be- tween the waters of the Wisconsin and Rock Rivers. These monuments are covered with the same green carpet of prairie grass, intermixed with bright and brilliant flowers, as the prairie itself There is an intervening space near the center of the group, now overgrown with bushes, which probably conceals some unnoticed mounds. Half a mile westward of this remarkable group, and on the same elevated prairie, occurs a solitary mound about ninety feet in length, representing an animal in all respects like those we have described, but with the head toward the southwest. "Along the space of twenty miles from this position, extending to the Four Lakes east- ward, similar monuments, intermixed with plain tumuli, are seen almost every mile, in the lowest situations as well as crowning the highest swells of the prairies ; and they are still more numerous all around those beautiful but almost unknown lakes. "An effigy ninety feet long, in form resembling the animal outlines previously described, is placed nearly at the foot and at the point of a remarkable picturesque, perpendicular bluff of coarse friable sandstone, fronting a rich meadow, the favorite resort, no doubt, of numerous buffa- loes in olden times. In front of this bluff, and inclosing the mound or effigy, is a long earth- work in an exact straight line, about 200 yards in length, having an opening -in the center opposite to the animal. The position of this earthwork indicates its having been designed for the purposes of defense or fortification against an enemy ; perhaps as an outwork to the strong- hold in the rear, formed by the bluff itself. The great Indian road to which we have already referred, skirts along the outer or southern side of this embankment. "The same path passes between a ccuple of animal-shaped mounds, at a distance of six miles west of the Four Lakes. One, if not both, of these figures, represents a different species of animal from those already described. They are resp'ectively 120 and 102 feet long."* Another early traveler to the Four Lake country, has left a record of what he saw of these ancient earthworks. He says : " The path we were upon was an ancient Indian trail, holding its course steadily fi'om the waters of the Mississippi to Tycoberah, or the Four Lakes ; and, as if all things rare in their nature had here gathered together to enhance the interest which was inspired by this romantic country, we came to some Indian [prehistoric] monuments of a very remarkable character. " These were figures of animals and men, formed of the soil, upon the surface of the ground, about six feet high, in alto-relievo, all of them perfectly distinct, and covered with a sod that appeared to be coeval with that of the prairie itself. 'Not one of them appeared to have been opened ; and this circumstance, with the novelty of the spectacle, could not fail to detain me until I had examined, measured and sketched these interesting objects. They were very nu- merous, and extended more than half a mile on each side of our road, which, as before mentioned, was an ancient Indian war-path, leading from the waters of the Mississippi, in the direction of the Four Lakes, to Lake Michigan. ' / *Adapted from " Notes respecting certain Indian mounds and earthworks, in the form of Animal Effigies, chieily in the'Wiscouflin Teiri- tory, U.S.; by Richard C. Taylor, Esq."— SiKiman'i JoumoJ.Vol. XXXIV— July 1838, pp. 88-91. HISTORY OF DANE COUNTY. 331 "At a point very near to the trail was a figure of a man, amid some oblong mounds ; his arras extended north and south, his head lying to the west, and his legs to the east ; east from this figure, about 200 feet, was a round tumulus, sufficiently high to overlook everything around ; and about 600 feet east from it was a line of seven buffalo mounds, each representing distinctly, the head, horns, neck, foi-e and hind legs, body and tail, of that animal. Each of these animal mounds measured, from the nose to the tip of the tail, about 120 feet, of which the tail alone measured thirty-six feet. The figure of the man was about 150 feet long, from one extremity to the other ; the limbs twenty feet apart at the east, and all the parts stood in bold relief, about six feet high from the face of the pvairie. To the left of the trail was a circle about 60 feet in diameter. ^ "As we proceeded westward, we found other mounds of a similar character ; a few, how- ever, diflFered from them, and appeared rather to take the form of a beaver, as others, in distant parts of the Wisconsin Territory, did that of the turtle. At one point near to the trail was a large animal mound embossed upon the prairie betwixt a rampart of earth at least 200 yards long and a vertical escarpment of incoherent sandstone, of the same quality with the friable sand-rock I had seen on the banks of the Wisconsin, which underlies the metalliferous limestone. " From the great abundance of mounds of various kinds which exist in this fertile territory, it is evident that it must have been in ancient times a favorite abode of powerful tribes remark- able for their ingenuity. We know that, having separated into tribes, the buffalo, the turtle, the beaver and other animals became the totems or badges of the Indians, and that, after their rude and simple manner, they used them as heraldic symbols. Among the various Indian nations, of which we have any knowledge, in the continent of America, we find its principal beasts and birds selected by them to designate their races, just as those objects in nature, the lion, the eagle, the horse, have been adopted in various parts of the old world ; and it deserves notice that the presumption that the horse was not indigenous to America is strengthened by the fact that no Indian tribe has ever taken that animal for its totem or badge, and that no ancient name for it is to be found in any of their languages. " That these mounds, whatever form has been given to them, are deposits of the dead, has been proved upon numerous occasions. Some of them, of all kinds, have been opened, and have uniformly been found to contain human bones. Nor is each mound the tomb of one individual, for bones are found distributed throughout, and in such a manner as to show that layers of bodies have been placed side by side, then covered over by earth, and another layer deposited. I can speak with certainty of this, having been present at the opening of more than one of them. A collection of such mounds, then, is to be regarded as an Indian cemetery, placed near one of their great war-paths ; while those representing men may really have been so figured in honor of some conspicuous warrior, whose tomb, thus situated, could seen and honored by all who passed up and down the war-path."* A figure on Lake Monona, at the intersection of Wilson street with Wisconsin avenue, in the present city of Madison, was that of a man, but different, in some respects, from other effigies representing the human form, in having a neck and proportionately smaller body. Like most mounds of this general character, it had its head directed toward the water. It occupied high ground, having a gentle slope toward the lake, and was very near the steep, broken cliff'. Its total length was 318 feet; length of head, 33 feet; length to first pair of legs, 63 feet; length to second pair of legs, 105 feet; breadth of head, 27 feet; breadth of neck, 21 feet; breadth of the body, 40 feet ; diameter of two mounds near by, 42 feet. On Section 22, in the town of Madison, formerly, but now within the limits of the city, and north of Lake Wingra, there was once a row of artificial mounds. The row was irregular, being accommodated to the shape of the ground. Two quadrupes, one bird, one mound with lateral projections, five oblong and twenty circular tumuli made up this group. Near the south angle of Lake Monona were also, formerly, remains of the Mound-Builders. ihe r ows presented more the appearance of order and system than is usual in works of this •From "A Canoe Voyage up the Minnay Sotor," by G. W. Featherstonhaugh. Vol. II, pp. 89-93. 332 HISTORY OF DANE COUNTY. character. Around the east end of the lake are other interesting earthworks. On the shores of Lake Waubesa and Lake Kegonsa are numerous works; so, too, in other parts of the county. Along the northern shore of Lake Mendota, many ancient works may be found. The animal- mounds represent bears, deer and squirrels, also animals that are now extinct ; while a few are made in the form of birds, some of which are very large. Three of them are located very near each other, and resemble eagles with expanded wings. The largest of these birds has a body of 100 feet long, whose expanded wings measure 800 feet on either side of the body, while the tail is 40 feet wide. The head is quite perfectly formed ; the outline of the beak is 15 feet in length. The form of a deer, about 3 feet high, is found near the left wing of the gigantic bird. The body measures 65 feet and the legs are 14 feet long; the head measures 12 feet from- the tip of the nose to the origin of the antlers. These latter are each 10 feet long, and have a branch extending at right angles from their center. Near the left wing of the other bird, there is the form of a bear, with a well-defined body, head and legs. While many animal -mounds are found near Lake Mendota, there are also circular and oblong mounds. Their elevation varies from 93 to 96 feet above the lake, and on some of them trees are growing, measuring 5J feet in circumference. The largest circular mound of this group measures 188 feet in circumference, and 85 feet from the base to its summit. It is the highest mound, and from its elevated position could have been used for observation and as a means of communication by signal with other mounds in the adjacent country. From its sum- mit you have an extended view of the surrounding country for many miles in all directions. INDIAN OCCUPANCY. As early as the year 1615, Samuel Champlaio heard of a tribe of Indians living many leagues beyond Lake Huron, called the Fire Nation, better known at a later date as the Mas- eoutins. Their homes were upon the Fox River at that time, as it is believed, and here they were visited by civilized man a little less than a score of years after. It is presumed that their villages were located within the present limits of Green Lake County, somewhere on Fox River, between Berlin and Lake Puckaway. Tbe nearest tribe to the Mascoutins, down the Fox River, was the Winnebagoes, whose homes were at the mouth of that stream. To the south, extending perhaps as far north as the Wisconsin and well up Rock River, was the territory of the Illinois. In the immediate neighborhood of the Mascoutins (but in what direction is uncertain) were the Kickapoos and the Miamis. The Illinois, who lived in a country '' where was a quantity of buffaloes," were afterward driven beyond the Mississippi, but subsequently returned to the river which still bears their name. Meanwhile, there commenced an emigration of the Mascoutins and their kindred, the Kickapoos and Miamis, to the southward, as' far at least as the south end of Lake Michigan. Their place was taken by the Foxes, and their relatives, the Sacs ; and, in time, probably near the close of the Revolution, these also emigrated, but not to the southward ; the course taken by them was to the west and southwest. It is certain the Foxes claimed for a time the country now forming Dane County, as well as much circumjacent territory. Then came the Winneba- goes from below, that is, from the head of Green Bay, moving up the Fox River by degrees, hav- ing outlying villages on the shores of Winnebago Lake and in the valley of Rock River. They finally reached the " portage," and their territory extended down the Wisconsin. This brings us to the time when the United States began making treaties with them. The first of these was held at St. Louis, June 3, 1816, with that portion of the tribe residing on the Wisconsin. This treaty (held soon after the war with Great Britain, in which the Winnebagoes engaged on the side of the British) was one for peace only, no cession of land on the part of the Indians being made to the United States. In 1820, the Winnebagoes had five villages on Winnebago Lake and fourteen on Rock River. In 1825, the claim of this tribe was extensive, so far as territory was concerned. Its southeast boundary stretched away from the sources of Rock River to withip forty miles of its mouth, in Illinois, where they had a village. On the west, it extended to the heads of the small streams flowing westward and southward into the Mississippi. To the north- HISTOEY OF DANE COUNTY. . 333 ward, it reached as far as Black River and the Upper Wisconsin ; in other words, to the Chip- pewa territory ; but did not extend across the Fox to the lands of the north side, although the tribe contended for the whole of Winnebago Lake. Within their territory, then, in 1825, was the whole of the present county of Dane. Early in 1829, a provisional boundary was established between the Indian lands, strictly such, and those belonging to, or expected soon to be purchased by, the United States. By this line, white people could settle in the western part of what is now Dane County without being trespassers upon the domain of any tribe, the boundary being a line drawn from the Wisconsin River nearly due south until it reached a point a little east of the East Blue Mound, when it turned and ran a southeast course to the head of that branch of the Pecatonica Creek, which runs near the " Spotted Arin's Village." All east of this line still remained Indian territory. By a treaty held with the Winnebagoes on the 1st day of August, 1829, at Prairie du Chien, these Indians relinquished, among much other territory, all of their land in what is now Dane County, lying west of a, line drawn along Sugar River, from its mouth to the source of the eastern branch thereof; thence due north to the road leading from the Eastern Blue Mound, by the most northern of the Four Lakes, to the crossing of Duck Creek, in what is now Columbia County. Three years later, at a treaty held at Fort Armstrong, Rock Island, the residue of the Winnebago lands lying in the present County of Dane — that is, all east of the line just men- tioned — was ceded to the United States. This treaty was proclaimed February 13, 1833, and on that day all of what had been before that time, in what is now Dane County, the lands of the Winnebagoes, belonged to the General Government. West of the Wisconsin was still a part of Winnebago territory ; but, in November, 1837, this nation ceded to the General Government all their lands east of the Mississippi. Not an acre was reserved. It will be observed that the Winnebago occupation of the Four Lakes and adjacent country was not of very long duration. At the time this tribe ceded all of its lands east of the Missis- sippi to the United States, there were two divisions of its people ; the headquarters of the one were at Prairie du Chien, and of the other at Fort Winnebago — that is, it was at these places the Indians were paid their annuities by the General Government. The principal villages of the last-mentioned division (those who were paid at Fort Winnebago) were at Lake Winnebago, Green and Fox Lakes, the Barribault (now written Baraboo), Mud Lake (in the present Dodge County), the Four Lakes, Koshkonong (White Crow's village), and Turtle Creek (now Beloit). During the occupation of the country of the Four Lakes, the Winnebagoes had, at different times, villages in what is now Dane County ; one on the north side of Lake Mendota, one at the mouth of Token Creek, a third on the south side of Lake Monona, a fourth on the southeast side of Lake Waubesa, and a fifth on what is now the south boundary of the town of Primrose, on the south line of Section 36. When, in 1837, the Winnebagoes disposed of all their land to the United States east of the Mississippi, they stipulated that, within eight months, they would move west of the great river. This arrangement was not carried out fully, and many of the Winnebagoes were afterward forcibly carried beyond the Mississippi. They were in Dane County in considerable numbers at times until 1840, when force was first used to induce them, wherever they could be found, to migrate ; but, after their last treaty (that of 1837), they had no particular abiding-place in the country of the Four Lakes. As late as 1873, there was a forcible removal of a party of them from the State. Not a single Indian of any tribe has now a permanent home in Dane County. WAS JOHN NICOLET IN DANE COUNTY IN 1634 ?* The question is no longer an open one as to whether John Nicolet was the first white man who^et foot upon any portion of what is now Wisconsin. It has been definitely settled. It is Fsailino-^LP.lY''^';"'"*^'''',''"'*""™'''^'^- " Sir. Shea avers, and Parkman twice repeats, that Nicolet partly descended the Wisconsin Butteitddl^intSZf "l""" '1°°" ^"°^ OountyJ." Collections of the State Hist. Soc. of Wis., Vol. VIII, p. 188. This article by Mr. "uiierneia is introduced to show that snch was not the fact.— Pub. 334 . HISTORY OF DANE COUNTS. also quite as well determined that his explorations and discoveries were made in the great West during the last half of the year 1634 — ^only fourteen years after the landing of the Pilgrims on Plymouth Rock — and the first half of the following year. He, therefore, who would read understandingly the first chapter in the history of Wisconsin bught to investigate the life-historv of that remarkable man. He will find him, at an early age, leaving his home in Normandy for the New World, landing at Quebec in 161^, and immediately starting for the Ottawa River to immure himself in the dark forests of the Algonquins, sent thither by the Governor of Canada to learn their language. He will see how the young Norman applied himself to his task "in the midst of those hardships which may be readily conceived if we will reflect what it must be to pass severe winters in the;wood3 under a covering of cedar or birch bark ; to have one's means of subsistence dependent upon hunting ; to be perpetually hearing rude outcries ; to be deprived of the pleasant society of one's own people ; and to be constantly exposed, not only to derision and insulting words, but even to daily peril of life." He will note how the youthful Frenchman followed the Indians in their wanderings ; how he partook of their dangers, their fatigues and their privations ; how, finally, having become familiar with their language, he entered into their frequent councils. The return of Nicolet to the St. Lawrence and civilization, after a half-score years of savage life, an excellent interpreter of the Algonquin language, was followed, in 1634, by his being sent to smoke the pipe of peace with nations beyond — far beyond — the Ottawa. So he started upon his perilous voyage. He visited the Hurons, upon the Georgian Bay of Lake Huron. With seven of that nation, he struck boldly into wilds to the northward and westward never before visited by civilized man. He paddled his birch-bark canoe up the St. Mary's Strait to the falls. He floated back to the waters of Lake Huron, and courageously turned toward the west, passing through the Straits of Mackinaw out upon the broad expanse of Lake Michigan. He then entered Green Bay and Fox River. It is claimed that he ascended the last-mentioned stream as far as the "portage," now the city of Portage, Columbia Co., Wis., and descended the Wisconsin River a considerable distance, thus re-discovering the great valley of the Mississippi. The term " re-discovering " is used, for no one will call in question its discovery by De Soto in 1541, although its existence seems soon to have well-nigh faded from the recollections of men — to have been almost' wholly forgotten. What has been written in support of Nicolet's claim as the re-discoverer of the Mississippi is based upon this declaration of Father Vimont, in the Jesuit Relation of 1640: "The Sieur Nicolet, who has penetrated the furthest into these so remote countries, assured me that, if he had sailed three days further upon a large river which issues from this lake, he would have reached the sea." It is evident that the " remote countries " referred to by Vimont are those of the upper lakes traversed by Nicolet, and that the words, " this lake " had reference to Green Bay and Lake Michigan combined. But we are told, also, that the phrase, " a large river," means the Wisconsin, and that "the sea" spoken of is the Mississippi, Nicolet taking the word missippi (great water) to mean "the sea," instead of that river. A careful consideration of the length of the Wisconsin below the "portage," and of the time usually employed by Indians in navigating it, justify the assertion that the words of the Relation of 1640 — " if he had sailed three days further upon a large river "—=^have no application to that stream. The words " three days further " clearly imply that he had already sailed several days ; whereas, the distance, 118 miles, down the rapid current of the river, from the "portage" to the Missis- sippi, was less than three days' " sail " for the swift birch-bark canoe of the savage, and would have been for the swift birch-bark canoe of Nicolet. Upon examination of the Relation of 1654, a sentence is found which has heretofore escaped attention in this connection : " It is only nine days' journey from this great lake [Green Bay and Lake Michigan combined] to the sea," where " the sea " is evidently identical with the one mentioned by Nicolet to Vimont and spoken of by the latter in the Relation of 1640. It is discovered, upon investigation, that the average time for canoe voyages up the Fox River, from its mouth to the "portage," in early times, was nine days. The "sea," then, of Nicolet — missippi oi the savages — was the Wisconsin River, HISTORY or DANE COUNTY. 335 considered by itself or as a tributary of the Mississippi; and the "large river" was the Fox River of Green Bay. A word as to the mistake of Nicolet in stating, that, while on " a large river " (the Fox), he nearly reached- "the sea." Nicolet's mind, even before he left the St. Lawrence, was inflamed with vague reports of a "great water" to the westward of Winnebgoes, which was supposed by him to be a sea. When, therefore, he entered Green Bay and the Fox River, and heard the savages, as they pointed toward the west, repeat the word missippi (great water, not "father of waters ") it was an easy matter for him to mistake their meaning and conclude a sea was nigh, when, in fact, they were trying to tell him of the Wisconsin, which was itself the " great water," or a tributary thereof. But why should Nicolet have " sailed " up Fox River to within three days of "the sea " (that is to say, of the Wisconsin), and have gone no further ? The answer is that six days' journeying brought him to the homes of the Mascoutins, or Fire Nation — Gens de Feu. These Indians were a powerful nation of Algonquins, who had for their neighbors, prob- ably, the Kickapoos and Miamis. It is certain that Nicolet visited not only the Winnebagoes, but some of the surrounding tribes. It would be his policy, of course, to smoke the pipe of peace with the bravest and most warlike of these, were they of easy access. Such were the Mascou- tins, as is to be inferred from cotemporaneous accounts and from the journals of those whites who, not long after, saw them in their villages, located, probably, within the present limits of Green Lake County, Wis. West of the Mascoutins, at that period (1634), there were living no tribes of Indians either u^on the Fox or Wisconsin ; at least, there is no tradition that such was the case. Beyond the Wisconsin, and a,bove its confluence with the Mississippi, there resided some Dakota bands — the terrible Sioux. Without doubt, a journey so far as the villages of these savages was not to be thought of by Nicolet, if it was his purpose, as it must have been, to re- turn to the St. Lawrence early in the summer of 1635. It is suggested, therefore, that hfe turned back, after visiting the Mascoutins, to the Winnebagoes — going up Fox River no farther than the village of the Fire Nation. It will be borne .in mind that Vimont speaks of a "large river [the Fox] which issues from the lake," meaning Green Bay and Lake Michigan combined. Now, the account taken from the lips of Nicolet by Vimont, found in the Relation of 1640, was not, propably, reduced to writing until sometime subsequent to its narration, and very naturally the writer (Vimont) would con- clude that the narrator was mistaken in stating (and he probably did so state) that the "large river " flowed into Green Bay ; at the same time declaring that, had he sailed three days further upon it, he would have reached the sea. Rivers do not flow out of seas into lakes ; they fre- queatly flow out of lakes into seas. Doubtless, then, when Vimont wrote down his recollection of what Nicolet had told him, he took the liberty of correcting v^hat would seem to be so man- ifestly an error. Hence, as the sentence stands in the Relation of 1640, Fox River flows out of Green Bay, but every one knows that it empties into it. The language, therefore, of Vimont, as now interpreted, is equivalent to this: "The Sieur Nicolet, who has penetrated the furthest into the upper lake regions, assured me [Vimont] that if he had paddled his birch-bark canoe three days further up the Fox River, which flows into Green Bay, he would have reached the Wisconsin." Nicolet, then, did not reach the Wisconsin River; and he was not in Dane County at that period, nor at any subsequent or previous date. FIRST WHITE MEN IN DANE COUNTY. John Talon, intendant of Canada, labored assiduously to develop the industrial resources of Now France. In 1670, he ordered Daumont de St. Lusson to search for copper mines on Lake Superior, and at the same time to take possession, in a formal manner, of the whole interior country for the King of France. St. Lusson set out accordingly, accompanied by a small party of men and Nicholas Perrot, a Canadian voyageur, as interpreter, who spoke Algonquin fluently and was favorably known to many tribes of that family. It was arranged that St. Lusson should wmter at the Manitoulin Islands, while Perrot proceeded to invite the tribes to a general confer- ence at the Sault Ste. Marie, in the following spring. The interpreter, having first sent 336 HISTORY OF DANE COUNTY. messages to the different tribes of the north, proceeded to Green Bay, to urge the nations upon its waters to the meeting. St. Lusson and his men, fifteen in number, arrived at the Sault more than a month in advance of the day set for the meeting. When all the Indians had reached the rapids, the Frenchman prepared to execute the commission with which he was charged. A large cross of wood had been made ready. It was now reared and planted in the ground. Then a post of cedar was planted beside it with a metal plate attached, engraved with the royal arms. " In the name," said St. Lusson, " of the most high, mighty and redoubtable monarch, Louis, four- teenth of that name, most Christian King of France and of Navarre, I take possession of this place, Sainte Marie du Sault, as also of Lakes Huron and Superior, the Island of Manitoulin, and all countries, rivers, lakes, and streams contiguous and adjacent thereto ; both those which have been discovered and those which may be discovered hereafter, in all their length and breadth, bounded on the one side by the seas of the North, and of the West, and on the other by the South Sea : declaring to the nations thereof, that from this time forth they are vassals of his majesty, bound to obey his laws and follow his customs : promising them on his part all succor and protection against the incursions and invasions of their enemies : declaring to all other potentates, princes, sovereigns, states and republics — to them and their subjects — that they cannot and are not to seize or settle upon any parts of the aforesaid countries, saveonly under the good pleasure of his most Christian majesty, and of him who will govern in his behalf; and this on pain of incurring his resentment and the efforts of his arms." Thus passed, so far as words and shouts could effect it, the Northwest, including the whole area of the present State of Wisconsin, under the domination of France. And why not ? She had discovered it, had to a certain extent explored it, had to a limited extent established commerce with it, and her missionaries had proclaimed the faith to its wandering savages. But none of her fur-traders, none of her mis- sionaries, none of her agents, had yet reached the Mississippi, the great river, concerning which so many marvels had been heard. Now, however, the hour was at hand, in which would be solved the problem and be revealed the mystery of the "great water " of the savages. The Governor of Canada was resolved that the stream should be reached and explored. He made choice of Louis Joliet, who was with St. Lusson when the Northwest was for the first time claimed for the King of France, and who had just returned to Quebec from Lake Superior. This was in the year 1672. Said the Governor, on the 2d of November : " It has been judged expedient to send Sieur Joliet, to the Maskouteins [Mascoutins] to discover the South Sea, and the great river they call the Mississippi, which is supposed to discharge itself into the Sea of California." " He is a man," continues Frontenac," " of great experience in these sorts of discoveries, and has already been almost at the great river, the mouth of which he promises to see." Joliet passed up the lakes, and, on the 17th of May, 1673 (having with him Father James Marquette and five others), started from the mission of St. Ignatius, a point north of the Island of Mackinaw, in the present county of JVIackinaw, Mich., journeying in two bark canoes, firmly resolved to do all and to suffer all for the glory of re-discovering the Mississippi. Every possible precaution was taken, should the undertaking prove hazardous, that it should not be foolhardy; so, whatever of information could be gathered from the Indians who had frequented those parts, was laid under contribution, before paddling merrily over the waters to the westward, and up Green Bay to the mouth of Fox River. Thg first Indian nation met by Joliet was the Menomonees. He was advised by them not to venture so far into ulterior regions, assured that he would meet tribes which never spare strangers, but tomahawk them without provocation ; that the war which had broken out among various nations on his route exposed him and his men to another evident danger — that of being killed by the war parties constantly in the path ; that the " great river " was very dangerous unless the difficult parts were known ; that itwas full of frightful monsters which swal- lowed up men and canoes together ; that there was even a demon there, who could be heard from afar, who stopped the passage and engulfed all who dared approach ; and lastly, that the heat was so excessive in those countries, that it would infallibly cause their deaths. Nevertheless, HISTORY or DANE COUNTY. 337 Joliet determined to persevere ; so he ascended Fox River to the portage, he and his companions heing the first white men to set foot upon any portion of the territory now constituting Columbia County. Joliet found the Fox River very beautiful at its mouth, having a gentle current. It was full of bustards, duck, teal and other birds, attracted by wild oats, which were plentiful, and of which they were very fond. As the party advanced up the river a little distance, it was four.d to be difficult of ascent, both on account of the currents and of the sharp rocks which cut their canoes. Nevertheless, the rapids in the stream were passed in safety, when the party, not long after, came to the nation of the Mascoutins. In their village were also gathered two other tribes —the Miamis and Kickapoos. The Miamis were found to be civil in their deportment. They wore two long ear-locks, which gave them a good appearance. They had the name of being warriors, and seldom sent out war parties in vain. They were found very docile, disposed to listen quietly to what was said to them. The Mascoutins and the Kickapoos, however, were rude, and more like peasants, compared to the Miamis. Bark for cabins was found to be rare in this village, the Indians using rushes, which served them for walls and roof, but which were no great shelter against the wind, and still less against the rain when it fell in torrents. The advantage of that kind of cabins was that they could be rolled up and easily carried whenever it suited these Indians in hunting-time. The view from the Indian village was beautiful and very picturesque, for, from the emi- nence on which it was perched, the eye discovered on every side delightful prairies, spreading away beyond its reach, interspersed with thickets or groves of lofty trees. The soil was found to be very good, producing much corn. Plums, also, and grapes were gathered in the autumn in quantities by the Indians. The arrival of Joliet and his party at the village of the Mascoutins was on the 7th of June ; their departure was on the 10th. " We knew," wrote Father Marquette, " that there was, three [thirty] leagues from Mas- koutens [Mascoutins], a river entering into the Mississippi ; wo knew, too, that the point of the compass we were to hold to reach it was west-southwest, but the way is so cut up by marshes and little lakes that it is easy to go astray, especially as the river leading to it is so covered with wild oats that you can hardly discover the channel. Hence, we had great need of our two [Miami] guides, who led us safely to a portage of twenty-seven hundred paces [the site now occupied by the city of Portage] and helped us to transport our canoes to enter this river [Wis- consin], after which they returned, leaving us alone in an unknown country in the hands of Providence. "We now leave," continues Marquette, "the waters which flow to Quebec, a distance of four or five hundred leagues, to follow those which will henceforth lead us into strange lands. Before embarking, we all began together a new devotion to the Blessed Virgin Immaculate, which we practiced every day, addressing her particular prayers to put under her protection both our persons and the success of our voyage. Then after having encouraged one another we got into our canoes. The river on which we embarked is called Meskousing [Wisconsin] ; it is very broad, with a sandy bottom, forming many shallows, which render navigation very difficult. It is full of vine-clad islets. On the banks appear fertile lands diversified with wood, prairie an.d hill. Here you find oaks, walnut, whitewood and another kind of tree with branches armed with thorns. We saw no small game or fish, but deer and moose in considerable numbers." As these adventurers floated down the Wisconsin, they saw on their left the territory now constituting a portion of Dane County ; and in all probability they passed over parts of what are now the towns of Roxbury and Mazomanie, which extend to the center of the channel of that river ; they were, therefore, the first white men to pass over a part of what is now the county of Dane, and it is not at all improbable that they may have landed somewhere within its present limits. On the 17th of June, with a joy that was inexpressible, Joliet and his party entered the Mississippi. After dropping down the "great river" many miles, Joliet returned to Green B38 HISTOEY OF DANE COUNTY Bay, thence to Quebec, to report his discovery and explorations to the Governor of New France, while Marquette remained at the Bay to recruit his wasted energies. EARLY FRENCH EXPLORERS. Not many years elapsed after the visit of Joliet and his companion to the Wisconsin, before that river was again navigated by civilized man. Louis Hennepin, a Recollet friar, and his party, as a detail from La Salle's expedition to the Illinois, reached the portage in 1680, on his way from the Upper Mississippi to the great lakes, passing up the Wisconsin and down the Fox River to Green Bay. He says : " After we had rowed about seventy leagues upon the River Ouisconsin [Wisconsin], we came to the place where we were forced to carry our canoe for half a league. We lay at this place all night, and left marks of our having been there by the crosses which we cut on the bark of the trees. Next day, having carried our canoe and the rest of our little equipage over this piece of land [the portage], we entered upon a river -[the Fox] which makes almost as many meanders as that of the Illinois at its rise." Le Sueur and his party made the portage in 1683, on his way to the Mississippi. In con- nection with this voyage, itis said : "About forty-five leagues up this river [the Wisconsin], on the right, is a portage of more than a league in length. The half of this portage is a bog ; at the end of this portage, there is a little river [the Fox] that falls into a bay called the Bay of the Puanz [Green Bay], inhabited by a great number of nations that carry their furs to Canada." JONATHAN carver's VISIT IN 1766. " On the 8th of October [1766], we got our canoes into the Ouisconsin [Wisconsin] River, which at this place [the portage, now the city of Portage] is more than 100 yards wide ; and the next day arrived at the Great Town of the Saukies [Sauks or Sacs]^ This is the largest and best- built Indian town I ever saw. It contains about 90 houses, each large enough for several families. These are built of hewn plank neatly jointed, and covered with bark so compactly as to keep out the most penetrating rains. Before the doors are placed comfortable sheds, in which the inhabitants sit, when the weather will permit, and smoke their pipes. The streets are regular and spacious, so that it appears more like a civilized town than the abode of savages. The land near the town is very good. In their plantations, which lie adjacent to their houses, and which are neatly laid out, they raise great quantities of Indian corn, beans, melons, etc., so that this place is esteemed the best market for traders to furnish themselves with provisions of any within 800 miles of it. " The Saukies can raise about 300 warriors, who are generally employed every summer in making incursions into the territories of the Illinois and Pawnee nations, from whence they return with a great number of slaves. But those people frequently retaliate, and, in their turn, destroy many of the Saukies, which I judge to be the reason that they increased no faster. " While I stayed here, I took a view of some mountains that lie about fifteen miles to the southward [Blue Mounds], and abound in lead ore. I ascended one of the highest of these and had an extensive view of the country. For many miles, nothing was to be seen but lesser mountains, which appeared at a distance like hay-cocks, they being free from trees. Only a few groves of hickory and stunted oaks covered some of the valleys. So plentiful is lead here, that I saw large quantities of it lying about the streets in the towns, belonging to the Saukies, and it seemed to be as good as the produce of other countries. " On the 10th of October, we proceeded down the river, and the next day reached the first town of the Ottigaumies [Foxes]. This town contained about fifty houses, but we found most of them deserted, on account of an epidemical disorder that had lately raged among them, and car- ried ofi" more than one-half of the inhabitants. The greater part of those who survived had re- tired into the woods to avoid the contagion. HISTORY OF D.INE COUNTY. 389 " On the 15th, we entered that extensive river, the Mississippi. The Ouisconsin, from th^ carrying-place [the portage] to the part where it falls into the Mississippi, flows with a smooth but a strong current ; the water of it is exceedingly clear, and through it you may perceive a fine and sandy bottom, tolerably free from rocks. In it are a few islands, the soil of which appeared to be good, though somewhat woody. The land near the river also seemed to be, in general, excellent ; but that at a distance is very full of mountains, where, it is said, there are many lead mines."* THE WISCONSIN KIVER AN EARLY HIGHSVAY. At various times in the las*, half of the seventeenth century, also during nearly the whole of the eighteenth century, the Wisconsin River was a highway of travel between the great lakes and the Mississippi, for the fur-trader, the missionary and the explorer. Small squads of French soldiers sometimes passed down this stream to Western posts return- ing to the St. Lawrence by the same route. But the way was sometimes blockaded by the Fox Indians, who lived first upon the Fox River and then upon the Wisconsin. In the course of time, the French lost their supremacy upon these two rivers, and the English took (at least a nominal) possession of them. This was in 1761. Thenceforward travel was not seriously inter- fered with until the year 1827. Meanwhile, the two water-courses had passed into the possession of the United States. In 1814, Col. McKay, of the British Army, came up the Fox River from Green Bay, with a large force of whites and Indians, crossed the portage to the Wisconsin, and floated down that stream to Prairie du Chien, capturing the post at that place from the United States. In 1818, William Farnsworth, who subsequently resided at Sheboygan,' accompanied by twenty others, traveled from Green Bay to St. Louis by these rivers and the Mississippi. In 1819, the Fifth Regiment of United States Infantry moved up the Fox River from Fort How- ard, and down the Wisconsin to Prairie du Chien. Ebenezer Childs, a well-known Wisconsin pioneer, made the same trip in a bark canoe in 1821. He conducted the first Durham boat that ever made this journey. In 1826, a flotilla of thirty-five boats carried the Third United States Infantry from Green Bay to St. Louis by the same rivers and Mississippi. In 1827, Gen. Cass passed along this route to ascertain the feeling among the Winnebagoes toward the United States, for hostilities were portending with that nation. It will thus be seen that along the northwest corner of what is now Dane County, passed and re-passed, at longer and shorter intervals, civilized as well as savage men, from the time the first white man passed down the Wisconsin until the period when the county received its first settler ; and it will hereafter be seen that the travel afterward greatly increased. Only glimpses as yet of the county had been caught from passing boats ; no one had explored its interior who left a record behind him of what he saw. The Four Lakes and the Four Lake country had often been seen by the French trader and voyageur ; but of the surpassing beauty of these lakelets and the surrounding country, nothing had been as yet published to the world. Americans generally were in igno- rance of the whole region. Occasionally, a hardy miner passed beyond the limits of the lead region, or some explorer crossed the country from the settlement at Green Bay to the lead mines. To the outside world, however, the valley of the Yahara was as yet a sealed book ; no account of it had appeared in print, nor had any map noted its beautiful lakes. THE WINNEBAGO WAR. During the winter of 1825-26, there were confined in the guard-house of Fort-Crawford, at Prairie du Chien, because of some alleged dishonest act, two Winnebago Indians. In October, 1826, the fort was abandoned and the garrison removed to Fort Snelling. The commandant took with him the two Winnebagoes. During the spring of 1827, the reports about the Winneba- goes bore, at Prairie du Chien, a threatening aspect. It was circulated among them that the two members of their tribe at Fort Snelling had been been killed. It was apparent that a spirit of enmity between the Indians and whites in Southwestern Wisconsin was eff'ectually stirred up. " Travc-lB Through the Interior Parts of North America, in the Tears 1766, 1767 and 1763," by Jonathan Carver, pp. 46-19. 340 HISTOKY OF 'DANE COUNTY. In addition to this, were the daily encroachments of miners in the lead region ; for the latter had, at this time, overrun the mining country from Galena to the Wisconsin River. Finally, the difficulties led to an open rapture. On the 28th of June, 1827, Red Bird, We-Kaw, and three of their companions, entered the house of Rijeste Gagnier, about two miles from Prairie du Chien, where they remained sev- eral hours. At last, when Mr. Gagnier was least expecting it. Red Bird leveled his gun and shot him dead on his hearthstone. A person in the building, by the name of Lipcap, who was a hired man, was slain at the same time by We-Kaw. Madame Gagnier turned to fly with her infant of eighteen months. As she was about to leap through the window, the child was torn from her arms by We-Kaw, stabbed, scalped and thrown violently on the floor as dead. The murderer then attacked the woman, but gave way when she snatched up a gun that was leaning against the wall, and presented it to his breast. She then effected her escape. Her eld- est son, a lad of ten years, also shunned the murderers; and tl^ey both. arrived in the village at the same time. The alarm was soon given ; but, when the avengers of blood arrived at Gagnier's house, they found in it nothing living but his mangled infailt. It was carried to the village, and, incredible as it may seem, it recovered. Red Bird and his companions immediately proceeded from the scene of their crime to the ren- dezvous of their band. During their absence, thirty-seven of the warriors who acknowledged the authority of Red Bird, had assembled, with their wives and children, near the mouth of the Bad Axe River. They received the murderers with joy, and loud approbation of their exploit. A keg of liquor which they had secured was set abroach ; and the red men began to drink, and, as their spirits rose, to boast of what they had already done and intended to do. Two days did they continue to revel ; and on the third the source of their excitement gave out. They were, at about 4 in the afternoon, dissipating the last fumes of their excitement in the scalp-dance, when they descried one of the keel-boats, which had a few days before passed up the river with provisions for the troops at Fort Snelling, on her return, in charge of Mr. Lindsay. Forthwith, a proposal to take her and massacre the crew, was made, and carried by acclamation. They counted on doing this without risk ; for they had examined her on the way up and supposed there were no arms on board. Mr. Lindsay's boats had descended the river as far as the village of Wabashaw, where they expected an attack. The Dakotas on shore were dancing the war-dance, and hailed their approach with insults and menaces, but did not, however, offer to obstruct their passage. The whites now supposed the danger over ; and, a strong wind at that moment beginning to blow up stream, the boats parted company. So strong was the wind, that all the force of the sweeps could scarcely stem it ; and, by the time the foremost boat was near the encampment, at the mouth of the Bad Axe River, the crew were very willing to stop and rest. One or two French- men, or half-breeds, who were on board, observed hostile appearances on shore, and advised the rest to keep the middle of the stream ; but their counsel was disregarded. Most of the crew were Americans, who, as usual with our countrymen, combined a profound ignorance of Indian char- acter with a thorough contempt for Indian prowess. They urged the boat directly toward the camp with all the force of the sweeps. There were sixteen men on deck. It may be well to observe here, that this, like all keel-boats used in the Mississippi Valley, was built almost exactly on the model of the Erie & Middlesex Canal boats. The men were rallying their French companions on their apprehensions, and the boat (named Oliver H. Perry) was within thirty yards of the shore, when suddenly the trees and rocks rang with the blood-chilling, ear-piercing toiies of the war-whoop, and a volley of rifle-balls rained upon the deck. Happily, the Winnebagoes had not yet recovered from the effects of their debauch, and their arms were not steady. One man only fell from their fire. He was a little negro, named Peter. His leg was dreadfully shattered, and he afterward died of the wound. A second volley soon came from the shore ; but, as the men were lying at the bottom of the boat, they all escaped but one, who was shot through the heart. Encouraged by the non-resistance, the Winnebagoes rushed to their canoes, with intent to board. The whites, having recovered HISTORY OF DANE COUNTY. 341 from their first panic, seized their arms, and the boarders were received with a very severe dis- charge. In one canoe, two savages were killed with the same bullet, and several were wounded. The attack was continued until night, when one of the party, named Mandeville, who had assumed command, sprang into the water, followed by four others, who succeeded in setting the boat afloat, and then went down the stream. Thirty-seven Indians were engaged in this battle, seven of whom were killed and fourteen wounded. They managed to put 693 bullets into and through the boat. Two of the crew were killed outright, "two mortally and two slightly wounded. The presence of mind of Mandeville undoubtedly saved the rest, as well as the boat. Mr. Lindsay's boat, the rear one, did not reach the mouth of the Bad Axe until midnight. The Indians opened fire upon her, which was promptly returned, but, owing to the darkness, no injury was done, and the boat passed on safely. Great was the alarm at Prairie du Chien when the boats arrived there. The people left their houses and farms, and crowded into the dilapidated fort. An express was immediately sent to Gajena, and another to Fort Snelling, for assistance. A company of upward of a hun- dred vpiunteers soon arrived from Galena, and the minds of the inhabitants were quieted. In a few days, four imperfect companies arrived from Fort Snelling. The consternation of the people of the lead mines was great, and in all the frontier settlements. This portion of the country then coatained, as is supposed, about five thousand inhabitants. A great many of them fled from the country. On the 1st of September, 1827, Maj. William Whistler, with Government troops, arrived at' the portage; and, while there, an express arrived from Gen. Atkinson, announcing his approach, and directing him to halt and fortify himself and wait his arrival. The object of the joint expedition of Gen. Atkinson from Jefferson Barracks, below St. Louis, and of Maj . Whistler, from Fort Howard, at Green Bay, was, to capture those who had committed the murders at Prairie du Chien, and put a stop to any further aggression. The Winnebagoes were advised that the security of their people lay in the surrender of the murderers of the Gagnier family. While Maj. Whistler was at the portage, he received a call in a mysterious way. An Indian came to his tent, and informed him that, at about 3 o'clock the next day, " they will come in." In reply to the question, " Who will come in ?" he said,. " Red Bird and We-Kau." After making this answer, he retired by the way he came. At 3 o'clock the same day, another Indian came, and took position in nearly the same place and in the same way, when, to like questions he gave like answers ; and at sundown a third came, confirming what the two had said, adding that he had, to secure that object, given to the families of the murderers nearly all his property. There was something heroic in this voluntary surrender. The giving-away of property to the families of the guilty parties had nothing to do with their determination to devote them- selves for the good of their people, but only to reconcile those who were about to be bereaved to the dreadful expedient. The heroism of the purpose is seen in the fact that the murders com- mitted at Prairie du Chien were not wanton, but in retaliation for wrongs committed on this people by the whites. The parties murdered at the prairie were doubtless innocent of the wrongs and outrages of which the Indians complained ; but the law of Indian retaliation does not require that he alone who commits a wrong shall suffer for it. One scalp is held due for another, no matter whose head is taken, provided it be torn from the crown of the family or people who may have made a resort to this law a necessity. About noon of the day following, there were seen descending a mound on the portage a body of Indians. Some were mounted and some were on foot. By the aid of a glass the Ameri- cans could discern the direction to be toward their position. They bore no arms, and no one was at a loss to understand that the promise made by the three Indians was about to be fulfilled. In the couse of half an hour they had approached within a short distance of the crossing of Fox River, when on a sudden singing was heard. Those who were familiar with the air said, "It is a death song." When still nearer, some present who knew him said, "It is Red Bird 342 HISTOEY OF DANE COUKTY. singing his death-song." The moment a halt was made, preparatory to crossing over, two scalp-yells were heard. The Menomonees and other Indians who had accompanied the troops were lying carelessly about the ground, regardless of what was going on ; but when the " scalp-yells " were uttered, they sprang as one man to their feet, seized their rifles, and were ready for battle. They were at no loss to know what these "yells " were; but they had not heard with sufficient accuracy to decide whether they indicated scalps to be taken or given, but doubtless inferred the first. <■ Barges were sent across to receive, and an escort of military to accompany, them within the lines. The ^hite flag which had been seen in the distance was borne by Red Bird. And now the advance of the Indians had reached half up the ascent of the bluff on which was the encampment. In the lead was Car-i-mi-nie, a distinguished chief. Arriving on the level upon which was the encampment of the Americans, and order being called, Car-i-mi-nie spoke, saying, " They are here. Like braves they have come in ; treat them as braves ; do not put them in irons." This address was made to Col. McKenney. The latter told him he was not the big captain. His talk must be made to Maj. Whistler, who would do what was right. Mr. Marsh, the sub-agent, being there, an advance was made to him, and a hope expressed that the prisoners might be turned over to him. The military had been previously drawn out in line. The Menomonee and Wabanackie (Oneida) Indians were in groups, upon their haunches, on the left flank. On the right was the band of music, a little in advance of the line. In front of the center, about ten paces distant, were the murderers. On their right and left were those who had accompanied them, forming a semi-circle ; the magnificent Red Bird and the miserable-looking We-Kaw a little in advance of the center. All eyes were fixed on Red Bird. In height he was about six feet, straight but without restraint. His propor,tions were those of most exact symmetry ; and these embraced the entire man from his head to his feet. He and We-Kaw were told to sit down. At this moment, the band struck up Pleyel's Hymn. Everything was still. Red Bird turned his eyes toward the Ijand. The music having ceased, he took up his pouch, and, taking from it kinnikinnic and tobacco, cut the latter in the palm of his hand, after the Indian fashion ; then, rubbing the two together, filled the bowl of his calumet, struck fire on a bit of punk with his flint and steel, lighted and smoked it. All sat except the speaker. The substance of what they said was as follows : They were required to bring in the murderers. They had no power over any except two ; the third had gone away ; and these had voluntarily agreed to come in and give themselves up. As their friends, they had come with them. They hoped their white brothers would agree to accept the horses, of which there were perhaps twenty ; the meaning of which was, to take them in commutation for the lives of their two friends. They asked kind treatment for them, and earnestly besought that they might not be put in irons, and concluded by asking for a little tobacco and something to eat. They were answered and told in substance that they had done well thus to come in. By having done so, they had turned away our guns and saved their people. They were admonished against placing themselves in a like situation in the future, and advised, when they were aggrieved, not to resort to violence, but to go to their agent, who would inform the Great Father of their complaints, and he would redress their grievances ; that their friends should be treated kindly, and tried by the same laws by which their Great Father's white children were tried ; that for the present. Red Bird and We-Kaw should not be put in irons ; that they should all have something to eat and tobacco to smoke. Having heard this. Red Bird stood up; the commanding oflicer, Maj. Whistler, a few paces in front of the center of the line, facing him. After a moment's pause and a quick sur- vey of the troops, he spoke, saying, "Jam ready. '^ Then, advancing a step or two, he paused, saying, " I do not wish to be put in irons. Let me be free. I have given away my life ; it is gone " (stooping and taking some dust between his finger and thumb and blowing it away) "hke that," eyeing the dust as it fell and vanished from his sight, adding, "I would not take it back; . aM||r !■ '1 , ^^^^^-tti^^ HISTORY OF DANE COUNTY 345 it is gone." Having thus spoken, he threw his hands behind him and marched up to Maj. W histler, breast to breast. A platoon was wheeled backward from the center of the linCj when, the Major stepping aside. Red Bird and We-Kaw marched through the line, in charge of a file of men, to a tent provided for them in the rear, where a guard was set over them. The com- rades of the two captives then left the ground by the way they had come, taking with them our advice and a supply of meat, flour and tobacco. We-Kaw, the miserable-looking being, the accomplice of the Red Bird, was in all things the opposite of that unfortunate brave. Never were two persons so totally unlike. The one seemed a prince, and as if born to command and worthy to be obeyed ; the other, as if he had been born to be hanged — meager, cold, dirty in his person and dress, crooked in form like the starved wolf, gaunt, hungry and bloodthirsty ; his entire appearance indicating the presence of a spirit wary, cruel arid treacherous. The prisoners were committed into safe-keeping at Prairie du Chien, to await their trial in the regular courts of justice for murder. The next spring, Red Bird, We-Kaw and another Winnebago prisoner were tried at Prairie du Chien, before Judge J. D. Doty, who went from Green Bay, by way of the portage, for that purpose, convicted and sentenced to death. Red Bird died in prison. A deputation of the tribe went to Washington to solicit the pardon of the others. President Adams granted it on the im- plied condition that the tribe would cede the lands then in the possession of the miners. The Winnebagoes agreed to this. Mme. Gagnier was compensated for the loss of her husband and the mutilation of her infant. At the treaty held at Prairie du Chien in 1829, provision was made for two sections of land to her and her two children ; the Government agreed to pay her the sum of $50 per annum for fifteen years, to be deducted from the annuity of the Winnebago Indians. In closing this account of the " Winnebago war," we give an anecdote which places the Winnebago character in an amiable light : The militia of Prairie du Chien, immediately after the affair of the boats, seized the old chief, De-kau-ray, and four other Indians ; and he was informed, that, if Red Bird should not be given up within a certain time, he and the others were to die in his place. This he steadfastly believed. A messenger, a young Indian, was sent to inform the tribe of the state of affairs ; and several days had elapsed and no information was received of the murderers. The dreadful day was near at hand, and De-kau-ray, being in bad state of health, asked permission of the ofi&cer to go to the river and indulge in his long- accus- tomed habit of bathing in order to improve his health ; upon which Col. Snelling told him if he would promise, on the honor of a chief, that he would not leave town, he might have his liberty and enjoy all his privileges until the day appointed for his execution. Accordingly, he first gave his hand to the Colonel, thanking him for his friendly offer, then raised both hands aloft and in the most solemn adjuration promised that he would not leave the bounds prescribed, and said if he had a hundred lives he would sooner lose them all than forfeit his word. He was then set at liberty. He was advised to flee to the wilderness and make his escape. " But no!" said he, " do you think I prize life above honor?" He then complacently remained until nine days of the ten which he had to live had elapsed, and still nothing was heard promising the ap- prehension of the murderers. No alteration could be seen in the countenance of the chief. It so happened that,, on that day, Gen. Atkinson arrived with his troops from Jefferson Barracks, and the order for the execution was countermanded and the Indians permitted to return to their homes. Immediately after the cessation of hostilities, the miners pressed farther to the eastward in the lead region, and, as a consequence, the western limits of what is now Dane County were reached. 346 HISTORY OF DANE COUNTY. OHAPTEE III. FiBST Settlee in Dane County— Dane County Explored— Indian Trails— First Koad in THE County— A Glimpse of the Wilderness- The Black Hawk War- The Four Lake Country After the Black Hawk War— Early French Residents. first settler in dane county. The first permanent American settler in Dane County was Ebenezer Brigham. He was born at Shrewsbury, Worcester Co., Mass., April 28, 1789. In 1818, he came to Olean Point, in the State of New York. The Alleghany River was then the only channel known through Western New York, and that was only navigated by canoes, rafts or skiifs. He came through in a canoe, and at Pittsburgh took a flatboat down the Ohio River. The villages on the river were all small. During the journey down, he saw but one steamboat. On arriving at Shawneetown, he landed and walked through to St. Louis. There was nothing at that place but a small French settlement — not more than three or four brick houses in the town. In 1822, he followed up the Mississippi, on horseback, to Galena, where he found James Johnson, a brother of Richard M. Johnson, who was just opening the mines. Galena then consisted of one log cabin completed, and another under way, which he assisted in finishing. He subsequently returned to Springfield, 111. In 1827, he started for Wisconsin with an ox team, seeking the lead region again. At that time there was a large emigration to the southwestern part of the Territory, as lead ore was abundant and the price remunerative. He remained awhile with a small party on what is now the Block House Branch of the Platte River, about four miles south of the present village of Platteville, in Grant County, for the purpose of prospecting for mineral. From this point the party retreated in haste to Galena, owing to the commencement of hostili- ties by the Winnebago Indians. In the spring of 1828, he removed to Blue Mounds, the most advanced outpost in the mines, into what is now the town of Blue Mounds, Dane County, where, at some abandoned diggings, on Section 7, he soon discovered a valuable body of mineral, as lead ore was then and still is called by the miners in the lead region. The lode discovered by him had previously been worked by Indians and white men. The only source of food supply was from Galena. On his arrival he erected a cabin, the first house, in what is now Dane County, built by a permanent American settler. Its location was on the southwest quarter of the south- west quarter of Section 5, as afterward (in 1833) surveyed by the United States Surveyors. It was east of south of the JEast Blue Mound, and distant from it nearly half a mile. Soon after he had raised his cabin, he took a trip with two companions to Fort Winnebago, to asQgrtain whether food could not be more easily obtained at that point. The route taken was north of Lake Mendota, on the line of the military road afterward laid out. He obtained a supply of salt pork, hard bread, powder and some other things, of a sutler, not loading heavily, and on the return struck south, striking the old trail that formerly ran between Lake Monona and Lake Mendota, following it up to the hill where the State House in Madison now stands, where he encamped overnight. Intercourse with the Indians had made known to him the existence of the lake region before he started. From the enchanting view of the spot, he predicted that a village would be built there, and probably be the future capital of the Territory. The isolsited condition of Mr. Brigham, where he settled, will be apparent from the statement of a few facts: The nearest settler was at what is now Dodgeville. Mineral Point and other mining places where villages have since grown up, had not been discovered. On the southeast, the nearest house was on the Des Plain es River, twelve miles west of Chicago. On the east, Solomon Juneau was his nearest neighbor, at the mouth of the Milwaukee River, and on the northeast, Green Bay was the nearest settlement. HISTORY OF DANE COUNTY. 347 Shortly after locating at the Mounds, Mr. Brigham, in company with William S. Hamilton, Mr. Gratiot and some others, visited Green Bay in order to settle on certain boundaries between the whites and the Indians. The line was fixed upon, and the Indians blazed the trees along this line, notifying the whites not to pass it, a prohibition not at all effectual, as any one would readily conclude. For several years after his coming, the savages were plentiful around the Four Lakes ; a large Indian village stood near the mouth of Token Creek ; another stood on the ridge between Lake Waubesa and Lake Monona, and their wigwams were seen at different points along the stream.s. Soon after his settlement, he was honored with the appointment of Magistrate from Lewis Cass, Governor of the Territory of Michigan, of which Territory Wisconsin was then a part. He held this commission for four years, and all the duty he performed during that time was to marry one couple. He often related an anecdote of being called upon to go some thirty miles to marry a couple, but, on arriving within a short distance of the place, word had been left there that the fair lady had changed her mind, and he must not come any farther. Mr. Brigham, however, went on and introduced another friend, who succeeded in making a con- tract, and the next spring he was called upon to ratify it ; this was the only official act of a four- years' term of Justice of the Peace. The principal object of his location at the Blue Mound, as before stated, was mining for lead. His first diggings were on the section line between Sections 7 and 18, but his furnace was immediately west of his house. The location of his diggings was a mile and a quarter from his house, in a southwesterly direction. The military road ran east and west, between the house and his mine. Brigham, however, cultivated the soil in a small way, having his fields near his house. One of the " leads " on his land was " proved " before his death to the depth of over seventy-five feet, when the workmen were prevented by water from going deeper. Upward of 4,000,000 pounds were taken from this mine with no other machinery than the common windlass, rope and tub. His lead was hauled to Green Bay, Chicago and Galena. On his first trip to Chicago, there was not a house or wagon-track between that place and Blue Mounds. He was fifteen days in reaching his destination, fording with his oxen and load of lead the Rock and Fox Rivers, and the smaller streams on the route. In this expedition, he was accompanied by a favorite dog, for which he was offered in Chicago a village lot, which was situated where now ia the most valuable property in that city. In those days, the whole site of the town could have been purchased for a few hundred dollars. Brigham, at the organization of the Territorial Government, was elected a member of the Council, and was re-elected, serving nine terms, from 1836 to 1841. When the State Govern- ment was organized, in 1848, he was elected a member of the Assembly. He died at the resi- dence of his niece, Mrs. H. G. Bliss, at Madison, September 14, 1861, aged seventy-two years. He was never married. It must not be supposed that Brigham was the first white man — the first American — at the Mounds ; but, although this was not the fact, yet he was the first permanent settler. Before him, as already explained, the diggings had been worked. William Deviese went there in the sprmg before Brigham 's arrival, where he found two men named Moore, who were trading a little, m whisky at least, and one John Duncan, a very large and powerful man. But on the 12tb day of August, Deviese moved to Sugar River diggings, leaving James Hawthorn to continue the work there. So it seems certain, that Brigham, upon his arrival, found miners at work at the Mounds, but none of them made a permanent stay. John B. Skinner had had at one time a furnace there. However, it is certainly known that, at the date of the survey of the lands at the Mounds, which was in 1833, there was left but one resident in the vicinity, and that one was Bbenezer Brigham. It may be mentioned in this connection, that Brigham, at an early day, kept many articles, tor sale to the miners and pioneer farmers. The prices current in those times were different from now. An examination of an old day-book shows that, on the 28th day of June. 1828, he sold to- 348 HISTORY OF DANE COUNTY. Samuel Carman, one barrel of flour, charging for the same $8, and four pounds of sugar at 20 cents a pound. On the 17th of July of the same year, Duncan and Proctor were sold a half- bushel of salt, for which they were charged $1.25. Labor was cheap in those days. Thomas Jones was credited on the 28th of June, of the same year, with four days and a half s work, at 69 cents a day, and John Murphy with four days' work at 77 cents a day. On the 6th of Feb- ruary, 1830, Wallace Rowan is charged for one pair of moccasins, 50 cents ; for one pint of whisky, 25 cents ; for one bushel of corn, 50 cents. Mr. Brigham, on the 23d of October, 1830, agreed with W. J. Medcalf, to winter eight head of beef cattle, from the 1st of December until the 1st of April, 1831, for $48, and also to deliver him 100 bushels of corn at the portage (Fort Winnebago) for $70. Indeed, from the start, it is evident that "Brigham's Place," was one of business ; for, during the year 1828, he had accounts with John Murphy, Thomas Jones, Downing Lot, Samuel Carman, John White, Mr. Kellogg, Kirkpatrick & Brigham, Mr. Wentworth, James Cloyd, Duncan & Proctor, Noah M. King, Mr. Dinwiddy, Terwan & Elington, Fish & Kellogg, Mr. Rader, Alexander Wilson, Soward & Blackamore, Thomas H. Price, Andrew Orr, -William Fulton, George Spangle, Elijah Slater, Slater & Brigham, and Mr. Fish. It will be seen, therefore, that, although Mr. Brigham had located at the extreme eastern diggings of the lead region, he did not lack for laborers or for customers. It was not long after his location at the East Blue Mound before the road from Prairie du Chien to Fort Winnebago (this fort being erected in the fall of 1828, the very year of Brigham's arrival) was laid out, and already along the old Indian trail between these points was considerable travel. Then followed the road from Milwaukee to the Mississippi by his place ; so that by the time emigration began! to set in pretty briskly in this region, the Blue Mounds presented the air of a lively place. In 1836, Mr. Brigham was ap- pointed Postmaster, the first person receiving that appointment within the present limits of the county. The following anecdote, related by Ebenezer Childs, illustrates the " cuteness " of Mr. Brigham. " I left Carrollton about the middle of May [1827], passed through Jacksonville, where there were a few houses ; the next place was Springfield [111.], which had a population of about two hundred. " Thence I went to Sangamon, where I met Ebenezer Brigham, from Worcester County, Mass. He was the first live Yankee that I had seen from my native county since I had left there, in 1816, and I was the first tha.t he had seen from that county. I had a yoke of blind oxen that gave my men a great deal of trouble to drive. As Brigham had a treadmill, I thought my blind oxen would do as well for that purpose as though they could see, so I proposed to the gentleman from Worcester County to exchange my oxen for a horse. He said that, as we were both from Worcester County, he would try and accommodate me. I told him my oxen were a little blind, but I thought they could do him good service. After it became a little dark, I took him to see my oxen. He liked them very well. He then took me to see his horse. It was by this time quite dark. I did not examine him much, but he appeared to be a fine-looking animal. We exchanged honorably, as we were both from Worcester County. We did not wish to take any advantage of each other, as we w^re from the same native region ; in a word, we felt and acted like brothers. . But the next morning, when I joined the drove, I found that ay new horse was as blind as a bat, and I do believe he had not seen for ten years; and he appeared older than the ancient hills around us. But it was all right, as friend Brigham and I were both from Wor- cester County. We have many a time since laughed heartily over our early trade." From " A Genealogical Register of the Descendants of Several Ancient Puritans by the Names of Grout, Goulding and Brigham," published in Boston in 1859, is found the following concerning the first settler of Dane County : " He [Ebenezer Brigham] is the proprietor of a large tract of land, rich iipi agricultural and mineral f-esources, and one of the original proprietors of the city of Madison, the capital of Wis- consin, now hardly twenty years old, yet containing, in 1859, a population of 12,000 souls. Mr. Brigham depends not on his wealth, nor this humble record, to preserve his history. He is exten- HISTORY OF DANE COUNTY. -^49 sively and advantageously known, and, when the whole of his character shall come to be written, the reader must feel that a good name is emphatically better than riches, and constitutes the value of a posthumous memory." Mr. Brigham is buried in the beautiful cemetery of Forest Hill, near the city of Madison, where a fine monument is erected to his memory DANE COUNTY EXPLORED. While it is exceedingly probable that Americans had been in other portions of Dane County besides those washed by the Wisconsin River, yet no record is extant of any visit to its interior before that of Ebenezer Brigham in 1828. That he should have been captivated with the beauty of the lakes and their surroundings, seen as they were in a state of nature, no one who is familiar with the country can wonder. In the month of May, 1829, James Duane Doty, Henry S. Baird and Morgan L. Martin, of Green Bay, performed a journey from their homes to Prairie du Chien on horseback. These gentlemen had, in 1825, 1826, 1827 and 1828, taken the same trip by water, by the way of the Fox and Wisconsin Rivers, which was then the usual mode of communication between the two places. At the time above alluded to, they were anxious to obtain a knowledge of the country outside of this route, and of which no one had previously written. They were accompanied by a Menomonee Indian as guide, who led or rode a pack-ho~rse. Their route was not a direct one, as the Indian was not well acquainted with the country west of Lake Winnebago. Following Indian trails as far as practicable, they traveled on the east side of that Lake to Fond du Lac, thence by way of Green Lake to the Four Lakes, crossing the Yahara between Monona and Waubesa Lakes, the site of the present city of Madison, and on to the Blue Mounds and Dodge- ville, crossing the Wisconsin about six miles above its confluence with the Mississippi. They saw no white people after leaving home until they reached Brigham's, at the East Blue Mound. However, none of the impressions of these visitors were published until long after ; but events were not far distant which were to bring hundreds of Americans within what are now the limits of Dane County ; and of what they saw of this region, and especially of the Four Lakes, the outside world was soon advised. Reference is here made to the Black Hawk war. INDIAN TRAILS. When Americans first visited the Four Lakes, they found Indian trails leading across this region in various directions. The most noted of these was the one running from the Blue Mounds, in a northeasterly direction, to the north side of Lake Mendota ; thence in nearly a north course to what is now Poynette, in Columbia County ; thence to the portage of the Fox and Wisconsin Rivers, where the United States had built Fort Winnebago. In what is now the town of Montrose was a noted crossing of Sugar River, called the " Fish-Trap Ford." It was directly north of what was called at an early day, " Sugar Creek Springs" or " Dogharty's." The trail, in going north, after crossing the river at this ford, divided, one branch leading to Lake Mendota and the other to Lake Kegonsa. There was a trail leading from the northwest side of Lake Mendota round the north side of the Lake to the maple grove now known as McBride's Point ("Maple BlulT"). But the principal trail in this region led from the northwest side of Lake Mendota around its west end, in a south and southeast direction, between Lakes Wingra and Lake Monona, to the south side of the last-mentioned lake, across the Yahara, to what is now known as Winnequah. There were also trails running in a southeasterly direction on either side of the Yahara and Lakes Waubesa and Kegonsa, and in a north and-south course through the eastern parts of what is now Dane County ; but these were not so generally used as some others. As the Indians occupying this region, when first explored by Americans, were Winne- bagoes, of course these trails were Winnebago trails. Whether or not the Sacs and Foxes had any trails leading to and from the Four Lakes region is unknown ; it is reasonable to suppose, however, that they had. 350 HISTOEY or DAJ^TE COUNT\. FIRST ROAD IN THE COUNTY. The first regularly laid-out road in Dane County was what was known as the " Military Road." It was built at the expense of the United States for the transportation of supplies from Fort Howard, as the army post was called at Green Bay, to Fort Winnebago, near what is now the city of Portage, Columbia County, and Fort Crawford, at Prairie du Chien, and for the pas- sage of troops to and from these posts. In summer, provisions and the munitions of an army could be transported in batteaus by water from the lakes to the Mississippi, but in winter this could not be done ; hence the necessity for a road between Forts Howard and Crawford, by way of Fort Winnebago. It was run out through Dane County two or three years after the build- ing, in 1828, of Fort Winnebago. The road was a crude aifair, and wa;s constructed by cutting through timber land, clearing a track about two rods wide and setting mile stakes. On the prairies, the mile stakes were set also, and mounds thrown up of earth or stones. On the marshes and other low places, corduroy roads were made by crossing timbers, and covering with brush and earth. It followed the well-trodden Indian trail from Blue Mounds to the northwest side of Lake Mendota ; thence in a northerly direction to Fort Winnebago, in what is now Columbia County. For a number of years it was quite a traveled road ; but, in the course of time, was abandoned as a continuous route from the Mounds to the Portage. Concerning this highway, a report was made to Congress September 1, 1839, by Capt. T. J. Cram, as follows : " Military road from Fort Crawford, by Winnebago, to Fort Howard, at Green Bay : " Commencing at Prairie du Chien, and running east as far as to the Blue Mounds, this- road is laid on the ridge dividing the waters flowing toward the north from those flowing toward the south. At the Blue Mounds, this dividing ridge deflects toward the northeast, and con- tinues on this course to within about four miles of Fort Winnebago, where it is lost in a summit level, denominated 'the Portage.' This remarkable summit is one among a few others of simi- lar character in our country, possessing the property of dividing the waters flowing into the Gulf of Mexico from those which flow into the Gulf of St. Lawrence. The part of the road from Fort Crawford to ' the Portage,' a distance of about 115 miles, will need the sum of |5,700 to be expended, chiefly in the repairs and construction of small bridges and the opening of ditches, which are not only necessary to the immediate use of the road, but also to the preserva- tion of the road itself. The construction of a safe and permanent road across the ' Portage ' for about four miles, will require the sum of $5,955. Owing to the periodical overflowings of this summit level, the road ajiross it is rendered utterly impassable, and continues so for several days at a time, amounting to some weeks during each year. At such times, the United States mail and travelers to Fort Winnebago are obliged to be taken around on a circuitous route of a;bout fifteen miles, crossing a lake on their way, in order to reach the desired point ; and it is not unfrequently the case that the unwary traveler is led into the middle of ' the Portage,' before he becomes fully apprised of his danger, when all of a sudden, his horses are mired in the midst of a flood of water, from which he finds it impossible to extricate his team, and might perish in sight of the fort, but for the assistance of the soldiers, who come off in canoes to his rescue. A thorough and critical examination has been made with a view of constructing a road around 'the Portage.' It is found, however, that the cost of such a construction, besides an increase of distance and the inconvenience of a ferry, would quite equal the cost of making the present road good and safe at all times. " The sum required to complete the construction of the part of the road between Fort Winnebago and the south end of Lake Winnebago, a distance of about sixty miles, is $6,320. The land in the vicinity of this portion of the road is of good quality, and similar in most respects to that described elsewhere in this report. From the south end of Lake Winnebag to within about six miles of Fort Howard, at Green Bay, the road is exceedingly bad, and the cost of transportation over it is a heavy tax upon the settlers, and tends greatly to retard the settlement of the whole tract of country between Green Bay and the Wisconsin River. HISTOBY OF DANE COUNTY. 351 " The tract of land bordering the east side of Lake Winnebago, and thence along Neenah River to Green Bay, is chiefly covered vith excellent timber, consisting of various kinds of oak, white pine, sugar-maple, basswood, black walnut, etc., and, from its proximity to navigable waters on both sides, must become valuable. The soil of this tract is deep, with a substratum of limestone, and, being well watered with numerous small brooks, is well adapted to farming. The military road along here passes directly through the settlements of the Brothertown and Stock- bridge Indians. The farms of the Brothertown people are in a promising condition ; and the clearings, fences and snug buildings show that their proprietors are not behind any of the farmers of Wisconsin in the art of agriculture. Their respectable appearance, civil and quiet demeanor, and exceedingly industrious habits, all combine to render them good and worthy citi- zens of the United States. It is to be regretted, however, that the general appearances of the Stockbridge settlements are not so favorable ; and yet, were it not for the contrast of their neighbors, the Stockbridge people might be said to have evinced signs of civilization not often met with in the settlements of the red men. " The cost of constructing the road from Fond du Lac to Green Bay, about fifty-six miles, would be fl7,292, to be expended in bridging, ditching, and filling the wet places with durable materials, all of which exist in abundance on the road. Thus the whole sum required to complete the construction of the military road from Fort Crawford, by Fort Winnebago, to Fort Howard, an extent of about 235 miles, amounts to $35,267. This sum, with strict economy in adopting the most simple kind of construction, would not more than cover the cost of completing this road, which, in a military point of view, is of unquestionablei mportance ; connecting, as it does, a chain of military posts which the safety of the people of Wisconsin and the north part of Illinois will require to be maintained for several years to come." A GLIMPSE OP THE WILDEENBSS.* " During the latter part of February [1831], the cold became less severe. The snows melted away, and by the beginning of March, the weather was so warm and genial that we were quite confident of being able to make the journey [from Fort Winnebago to Chicago] on horse- back without any serious difficulty. " Our plans once settled upon, the first thing to be provided was warm and comfortable apparel. A riding-habit of stout broadcloth was pronounced indispensable to my equipment. But of such an article I was destitute. Nothing among my wedding traveling gear seemed in any way to offer a substitute. What was to be done ? The requisite material was to be found in abundance at the settlers' store (the shantee, as it was technically termed), but how to get it manufactured into a suitable garment, was the question. " The regimental tailor was summoned. He was cook to one of the companies, and there were at first some doubts whether he could be permitted to forsake the spit for the needle, Jlur- mg the time I should require his services. All his tailoring-work had, heretofore, been done at odd times on a bench in the company kitchen, and thither he now proposed to carry the riding- habit. I suggested that, in order to superintend the work, I should thus be driven to take up my abode for the time being in the barracks, which would be a decided inconvenience. " To remedy the difficulty, he was finally so happy as to find a soldier in ' Company D,' who consented to officiate in his place as cook, until his term of service to me should expire. " Behold, then, a little, solemn-looking man in his stocking-feet, seated cross-legged on an Indian mat by my parlor window. He had made all his arrangements himself, and I deemed it wisest not to interfere with him. The cutting-out was the most difficult part, and, as he bad never made a lady's riding-habit, that task fell to my share. I was as great a novice as him- self, and I must admit that this, my first eflFort, was open to criticism. But the little tailor was 01^ a difiFerent opinion. He was in an ecstasy with our joint performance. • Jrom " Wau Bun, The Early Day in the Northwest." By Mrs. John H. Kinzie, pp. 100-113. > 352 HISTORY OF DANE COUNTY " ' Upon my word, madam,' he would exclaim, surveying it with admiring eyes, ' we shall have a very respectable garment !' I do not know how many times he repeated this during the three days that the work was in progress. " I believe he had not perfect confidence in the culinary powers of his comrade of ' Company D,' for regularly a half-hour before beat of drum, his work was folded and laid aside, his snips gathered up, and, all things being restored to order, he would slip out, resume his shoes, which, Turk-like, he had left outside the door, and speed over to the barrack-kitchen to see how matters were going on. "In the meantime, great preparations were making below, under the supervision of our tidy, active little French servant, Mrs. Pillon, the wife of one of the engages, by whom the irregular and unmanageable Louisa had been replaced. " Biscuits were baked, a ham, some tongues, and sundry pieces of salt pork were boiled, coffee roasted and ground, sugar cracked, isinglass cut in pieces of the size requisite for a pot of coffee. For the reception of all these different articles, cotton bags of different sizes had been previously prepared. Large sacks of skin, called by the Canadians porches, were also pro- vided to hold the more bulky provisions, for our journey was to be a long one. "The distance from Fort Winnebago to Chicago was not very formidable, it is true, if the direct route were taken ; but that we knew to be impossible at this season of the year. The route by Kosh-ko-nong was out of the question ; all the Indians being absent from their villages in the winter, and the ice being now gone, we could have no means of crossing the Rock River at that place. i "There remained, therefore, no alternative but to proceed south to Dixon, or, as it was then called, Ogie's Ferry, the only certain means of crossing this broad and rapid stream. This route being so much out of our direct course that we could not hope to accomplish it in less than six days, it was necessary to prepare accordingly. " While the wardrobe and provisions were thus in preparation, arrangements were also being made as to our retinue and mode of conveyance. " Mr. Kinzie decided to take with him but two men : Planteand Pierre Roy — the former to act as guide, on the assurance that he knew every mile of the way, from the Portage to Ogie's Ferry, and from Ogie's Ferry to Chicago. " The claims of the different saddle-horses were discussed, and the most eligible one was selected for my use. We hesitated for a time between 'Le Gris ' and ' Souris,' two much- vaunted animals, belonging to Paquette, the interpreter. At length, being determined, hke most of my sex, by a regard for exterior, I chose ' Le Gris,' and ' Souris ' was assigned to young Roy ; my own little stumpy pony, ' Brunet,' being pronounced just the thing for a pack- saddle. My husband rode his own bay horse ' Tom,' while Plante, the gayest and proudest of the party, bestrode a fine large animal called 'Jerry,' which had lately been purchased for my use ; and thus was our cortege complete. " Having taken a tender leave of our friends, the morning of the 8th of March saw us mounted and equipped for our journey. The weather was fine — the streams, already fringed with green, were sparkling in the sun — everything gave promise of an early and genial season. In vain, when we reached the ferry at the foot of the hill on which the fort stood, did Maj. Twiggs repeat his endeavors to dissuade us. from commencing a journey which he assured me would be perilous beyond what I could anticipate. I was resolute. " Our party was augmented by an escort of all the young officers, who politely insisted on accompanying us as far as Duck Creek, four miles distant. Indeed, there were some who would gladly have prosecuted the whole journey with us and escaped the monotony of their solitary, uneventful life. In our rear followed an ox-cart, on which was perched a canoe, destined to transport us over the creek, and also over an extensive marsh beyond it, which was invariably at this season overfiowed with water to a considerable depth. We had much amusement in watch- ing the progress of this vehicle as it bumped and thumped over the road, unconscious hitherto of the dignity of a wheeled carriage. HISTORY OF DANE COUNTY. 353- " Our little, shock-headed, sunburnt, thick-lipped Canadian (who happened most miraculously to be the husband of my pretty servant, Mrs. Pillon) vociferously shouted, aa the animals lagged in their pace, or jolted against a stump, ' Bfarahez, don-g,' 'regardez,' '■prenez garde,' to our infinite diversion. I was in high spirits, foreseeing no hardships or dangers, but rather imagining myself embarked on a pleasure excursion across the prairies. It had not even suggested itself to me that a straw bonnet and kid gloves were no suitable equipment for such an expe- dition. Never having traveled at so inclement a season, I was heedlessly ignorant of the mode of preparing against it, and had resisted or laughed at my husbani's suggestions to provide myself with blanket, socks, and a woolen capuchon for my head and shoulders. And now, although the wind occasionally lifted my head-gear with a rude puif, and my hands erelong became swollen and stiffened with the cold, I persuaded myself that these were trifling evils, to which I should soon get accustomed. I was too well pleased with the novelty of my outfit, with my hunting-knife in a gay scabbard hanging from my neck, and my tin cup at my saddle-bow, to regard minor inconveniences. " On reaching Duck Creek, we took leave of our young friends, who remained on the bank long enough to witness our passage across — ourselves in the canoe, and the poor horses swim- ming the stream, now filled with cakes of floating ice. " Beyond the rising ground which formed the opposite bank of the stream, extended a marsh of perhaps three hundred yards across. To this the men carried the canoe which was to bear us over. The water was not deep, so our attendants merely took off the pack from Brunet, and my side-saddle from Le Gris, for fear of accidents, and then mounted their own steeds, leading the two extra ones. My husband placed the furniture of the pack-horse and my saddle in the center of the canoe, which he was to paddle across. " 'Now, wife,' said he, 'jump in and seat yourself flat in the bottom of the canoe.' "' Oh, no,' said I, 'I will sit on the little trunk in the center ; I shall be so much more comfortable, and I can balance the canoe exactly." '"As you please; but I think you will find it is not the best way.' " A vigorous push sent us a few feet from the bank. At that instant, two favorite grey- hounds, which we had brought with us, and which had stood whining upon the bank, reluctant to take to the water, as they were ordered, gave a sudden bound and alighted full upon me. The canoe balanced a moment, then yielded, and, quick as thought, dogs, furniture and lady were in the deepest of the water. " My husband, who was just preparing to spring into the canoe when the dogs thus uncere- moniously took precedence of him, was at my side in a moment, and, seizing me by the collar of my cloak, begged me not to be frightened. I was not in the least, and only laughed as he raised and placed me again upon the bank. " The unfortunate saddle and little trunk were then rescued, but not until they had received a pretty thorough wetting. Our merriment was still further increased by the sight of the mal- adroit Pillon, who was attempting to ride my spirited Jerry across the marsh. He was clinging to the neck of the animal, with a countenance distorted with terror, as he shouted forth all man- ner of French objurgations. Jerry pranced and curveted, and finally shot forward his rider, or, rather, his burden, headforemost, a distance of several feet into the water. . " A general outcry of mirth saluted the unfortunate Frenchman, which was redoubled as he raised himself, puffing and snorting, from his watery bed, and waddled back to his starting-place, the horse meanwhile very sensibly making his way to join his companions, who had already reached the farther bank' Well, wifie,' said Mr. Kinzie, ' I cannot trust you in the canoe again. There is no way but to carry you across the marsh like a papoose. Will you take a ride on my shoulders.' With all my heart, if you will promise to take me safely.' And I was soon mounted. 'I ™'i8' confers that the gentleman staggered now and then under his burden, which was no shght one, and I was sadly afraid, more than once, that I should meet a similar fate to old Pil- lon ; but, happily, we reached the other side in safety. 354 HISTOKY OF DANE COUNTY. " There my husband insisted on my putting on dry shoes and stockings, and (must I confeas it ?) drinking a little brandy to obviate the effects of my icy bath. He would fain have made a halt to kindle a fire and dry my apparel and wardrobe properly, but this I would not listen to. I endeavored to prove to him that the delay would expose me to more cold than riding in my wet habit and cloak, and so, indeed, it might have been ; but, along with my convictions upon the subject, there was mingled a spice of reluctance that our friends at the fort should have an opportunity, as they certainly would have done, of laughing at our inauspicious commence- ment. " Soon our horses were put in order and our march recommenced. The day was fine for the season. I felt no inconvenience from my wet garments, the exercise of riding taking away all feeling of chilliness. It was to me a new mode of traveling, and I enjoyed it the more from having been secluded for more than five months within the walls of the fort [Winnebago], scarcely varying the tenor of our lives by an occasional walk of half a mile into the surround- ing woods. " We had still another detention upon the road, from meeting Lapierre, the blacksmith, from Sugar Creek, who, with one of his associates, was going to the Portage for supplies, so that we had not traveled more than twenty- three miles when we came to our proposed encamping ground. It was upon a beautiful stream, a tributary of one of the Four Lakes, that chain whose banks are unrivaled for romantic loveliness. "I could not but admire the sagacity of the horses, who seemed, with human intelligence, to divine our approach to the spot where their toils were to cea'se. While still remote from the point of woods which foretold a halt, they pricked up their ears, accelerated their pace, and finally arrived at the spot on a full gallop. "We alighted at an open space, just within the verge of the wood, or, as it is called by Western travelers, ' the timber.' My husband recommended me to walk about until a fire should be made, which was soon accomplished by our active and experienced woodsmen, to whom the felling of a large tree was the work of a very few minutes. The dry grass around furnished an excellent tinder, which, ignited by the sparks from the flint (there were no loco-foeos in those days), and aided by the broken branches and bits of light- wood, soon produced a cheer- ing flame. 'The bourgeois,' in the meantime, busied himself in setting up the tent, taking care to place it opposite the fire, but in such a direction that the wind would carry the smoke and flame away from the opening or door. Within, upon the ground, were spread first a bear- skin, then two or three blankets (of which each equestrian had carried two, one under the sad- dle and one above it), after which, the remainder of the luggage being brought in, I was able to divest myself of all my wet clothing and replace it with dry. Some idea of the state of the thermometer may be formed from the fact that my riding-habit, being placed over the end of the huge log against which our fire was made, was, in a very few minutes, frozen so stiff as to stand upright, giving the appearance of a dress out of which a lady had vanished in some unaccount- able manner. * * * We carry with us in our journeys on horseback only a coffee- pot, a tea-kettle, and each rider his tea-cup and hunting-knife. The deportment at table is marked by an absence of ceremony. The knife is drawn from the scabbard — those who remem- ber to do so, vouchsafe it a wipe upon the napkin. Its first office is to stir the cup of coffee — next, to divide the piece of ham which is placed on the half of a traveling biscuit, held in the left hand, to fulfil the ofiice of a plate. It is an art only to be acquired by long practice to cut the meat so skillfully as not, at the same time, to destroy the dish. " We take our places around the mat to enjoy what, after our fatiguing ride, we find delicious food. The Frenchmen are seated at a little distance, receiving their supplies of coffee, meat and bread, and occasionally passing jokes with the bourgeois, who is their demigod, and for whom their respect and devotion are never lessened by his affability or condescension. " The meal being finished, the table furniture is rinsed in hot water and set aside until morn- ing. A wisp of dry prairie-grass is supposed in most cases to render the knife fit to be restored to the scabbard, and, there being at this season of the year no amusement but that of watchmg HISTORY OF DANE COUNT T. 356 the awkward movements of the spanceled horses in their progress from spot to spot in search of pasturage, we are usually soon disposed to arrange our blankets and retire to rest. " At break of day, we are aroused by the shout of the bourgeois — " ' How ! how ! how ! ' " All start from their slumbers. The fire, which has been occasionally replenished through the night, is soon kindled into a flame. The horses are caught and saddled, while a breakfast, similar in kind to the meal of the preceding evening, is preparing ; the tent is struck, the pack- horse loaded — tout demache, as the Canadian says. The breakfast finished, we rinse our kettles and cups, tie them to our saddle-bows, and then mount and away, leaving our fire, or rather our smoke, to tell of our visit. "March 9. — Our journey this day led us past the first of the Four Lakes [now known as Mendota]. Scattered along its banks was an encampment of Winnebagoes. They greeted their father [John H. Kinzie, Agent], with vociferous joy — '■Bon-jour, hon-jour, Shaw-nee-aw- kee; Hee-nee-karry-hay-noo ?' (How do you do?) To this succeeded the usual announcement, ' Wyg-kap-rah tshoonsh-koo-nee-no ! ' (I have no bread). " This is their form, of begging ; but we could not afford to be generous, for the uncertainty of obtaining a supply, should our own be exhausted, obliged us to observe the strictest economy. " How beautiful the encampment looked in the morning sun ! The matted lodges, with the blue smoke curling from their tops, the trees and bushes powdered with a light snow which had fallen through the night, the lake, shining and sparkling almost at our feet — even the Indians, in their peculiar costume, adding to the picturesque. " I was sorry to leave it, as we were compelled to do in all haste, Souris, the pack-horse, hav- ing taken it into his head to decamp while we were in conversation with our red friends. As he had very sensibly concluded to pursue his journey in the right direction, we had the good fortune to overtake him after a short race, and, having received much scolding and some blows from young Roy, whose charge he specially was, he was placed in the middle of the cavalcade, as a mark of disgrace for his breach of duty. " Our road, after leaving the lake, lay over a ' rolling prairie,' now bare and desolate enough. The hollows were filled with snow, which, being partly thawed, furnished an uncertain footing for the horses, and I could not but join in the ringing laughter of our Frenchman as occasionally Brunet and Souris, the two ponies, would flounder, almost imbedded, through the yielding mass. Even the vainglorious Plante, who piqued himself on his equestrian skill, was once or twice nearly unhorsed, from having chosen his road badly. ' Sometimes the elevations were covered with a thicket or copse, in which our dogs would generally rouse up one or more deer. Their flrst bound or ' lope ' was the signal for a chase. The horses seemed to enter mto the spirit of it, as ' halloo ' answered ' halloo ;' but we were never so fortunate as to get a shot at one, for, although the dogs once or twice caught, they were not strong enough to hold, them. It was about the middle of the afternoon when we reached the Blue Mound. I rejoiced much to have got so far, for I was sadly fatigued, and every mile now seemed like two to me. In fact, the miles are unconscionably long in this country. When I was told that we had still seven miles to go, to ' Morrison's,' where we proposed stopping for the night, I was almost in despair. It was my first journey on horseback, and I had not yet become inured to the exercise. "When we reached Morrison's, I was so much exhausted that, as mv husband attempted to lift me from the saddle, I fell into his arms. This will never do,' said he. ' To-morrow we must turn our faces toward Fort Winne- bago again.' " The door opened hospitably to receive us. We were welcomed by a lady with a most sweet, benignant countenance, and by her companion, some years younger. The first was Mrs. Morrison, the other Miss Elizabeth Dodge, daughter of Gen. Dodge. " My husband laid me upon a small bed in the room where the ladies had been sitting at work. Ihey took ofi" my bonnet and riding-dress,' chafed my hands and prepared me some warm wine and water, by which I was soon revived. A half-hour's repose so refreshed me that 856 HISTORY OF DANE COUNTY. I was able to converse with the ladies and to relieve my husband's mind of all anxiety on my account. Tea was announced soon after, and we repaired to an adjoining building, for Morri- son's, like the establishments of all settlers of that period, consisted of a group of detached log houses or cabins, each containing one or, at most, two apartments. " The table groaned with good cheer, and brought to mind some that I had seen among the old-fashioned Dutch residents on the banks of the Hudson. " I had recovered my spirits, and we were quite a cheerful party. Mrs. Morrison told as that during the first eighteen months she passed in this country, she did not speak with a white woman, the only society she had being that of her husband and two black servant women. " A Tennessee woman had called in with her little son just before tea, and we amused Mr. Kinzie with a description of the pair. The mother's visit was simply one of courtesy. She was a little, dumpy woman, with a complexion burned perfectly red by the sun, and hair of an exact tow color, braided up from her forehead in front and from her neck behind. These tails, meeting on the top of her head, were fastened with a small tin comb. Her dress was of check- ■ ered homespun, a ' very tight fit,' and, as she wore no ruff or handkerchief around her neck, she looked as if just prepared for execution. She was evidently awe struck at the sight of visit- ors, and seemed inclined to take her departure at once ; but the boy, not so easily intimidated, would not understand her signs and pinches until he had sidled up to Mrs. Morrison, and, draw- ing his old hat still farther over his eyes, begged for a whang, meaning a narrow strip of deer- skin. The lady very obligingly cut one from a large smoked skin, which she produced from its receptacle, and mother and son took their leave with a smiling but rather a scared look. " After tea we returned to Mrs. Morrison's parlor, where she kindly insisted on my again reposing myself on the little bed to recruit me, as she said, for the ensuing day's journey. My husband, in the meantime, went to look after the accommodation of his men and horses. '' During the conversation that ensued, I learned that Mrs. Morrison had passed much time in the neighborhood of my recent home in Oneida County, that many of the friends I had loved and valued were likewise her friends, and that she had even proposed to visit me at Fort Winne- bago on hearing of my arrival there, in order to commence an acquaintance which had thus been brought about by other and unexpected means. " Long and pleasant was the discourse we held together until a late hour, and mutual was the satisfaction with which we passed old friends and by-gone events in review, much to the edifica- tion of Miss Dodge and of the gentlemen, when they once more joined us." THE BLACK HAWK WAR. In previous pages, the Black Hawk war has been dwelt upon in a brief manner ; but, as the Blue Mounds, the country to the north of them, and the immediate vicinity of the Four Lakes, are all localities where stirring events occurred during that brief conflict of arms, the subject is again, properly referred to ; and, so far as the immediate territory of Dane County is con- cerned, it is to be, necessarily, treated at some length. The principal points of interest, where there were Americans living, when reports of trouble first began to circulate, were the Blue Mounds and Fort Winnebago. At the latter place, at that date, John H. Kinzie was Indian Agent, He had the assurance of the Rock River Winnebagoes of their firm friendship. The return of Black Hawk to the west side of the Mississippi dissipated all fears at the portage ; and the same was the result at the Blue Mounds. But, in the latter part of April, 1832, when the news reached these points that the Sac chief had recrossed the Mississippi, with the flower of his nation, once more to take possession of their old homes, the alarm was greater than before. To guard against surprise, Brigham and the settlers in the vicinity of the Blue Mounds, built a block-house in a commanding position on the prairie, near the mounds, about a mile and a half from the former's residence. The buildings were commenced May 10, and completed about the 24th. They consisted of two block-houses, each twenty feet square, and a log building in the center, thirty feet by twenty feet, for a storehouse and barrack. The whole was inclosed by a HISTORY OF DANE COUNTY. 357 picket fence of about" loO feet on cash of the four sides; the pickets were of stout oak, sixteen feet high, planted three feet in the ground. To defend the fort, fifty men were enrolled as a company, on the 20th of May, as follows : Ebenezer Brigham, John C. Kellogg, John Daniels, George Force, Thomas MeRaney, John Messersmith, William Collins, Jacob Keith, John Sher- man, Robert Collins, Jonathan Ferril, Moses Collins, Moses Foreman, W. G. Aubrey, Esau Johnson, A. G. Houton, Jeremiah, Lycan, Jason Putnam, Alpha Stevens, Hugh Bowen, John Steward, John Dalbey, Daniel Evans, James Hanlon, William H. "Houghton. Ed Beouchard, James Hayes, Thomas Hillson, James Smith, Jefferson Smith, R. S.Lewis, Solomon Watson, Har- vey Brock, Samuel Davis, Fernando MeRaney, Milton McRaney, Allen Rand, Henry Starr, Anson Frazier, J. B. Deshon, Samuel Woodworth, Emerson Green, John Messersmith, Jr., Henry Messer- smith, George Messersmith, Robert Crayton, Albert Hunt, French Lake, Henry Powell. James Aubrey had the first command of the men assembled at the fort ; E. Beouchard was First Lieu- tenant, and, after Aubrey's death, succeeded to the command until June 14, when he resigned, and was succeeded by Capt. John Sherman. The families in the neighborhood all assembled in the fort, as no one knew how long they would be free from the attacks of the Sac warriors. In the latter part of May, Col. Henry Dodge assembled a company of fifty mounted vol- unteers commanded by James H. Gentry and John H. Rountree and proceeded with them to the head of the Four Lakes, where, on the 25th of the month, he held a talk with the Winnebagoes, desiring to know their intentions as to the Sacs, whether or not they would aid, counsel or har- bor them in the Four Lakes region ; if they would, it would be considered as a declaration of war on their part ; informing them' that the Sacs had lied to them and given them bad counsel, and that, if they were unfaithful to the treaties, they must expect to share the fate of the Sacs. To all which the Winnebagoes made fair promises, and agreed to remain at peace. But a much more effective "talk" with the Winnebagoes was held afterward by John H. Kinzie, Indian Agent at Fort Winnebago, at the same place. These Indians promised to use their utmost endeavors to preserve peace and good order among their own young men. They informed the agent that the Winnebago bands on the Rock River, with the exception of Win-no-sheek's, were all determined to remain friendly, and keep aloof from the Sacs ; to that end, they were abandoning their villages and corn-fields and moving north, that their Great Father (the Presi- dent) might not feel dissatisfied with them. With regard to Win-no-sheek and his people, they said they were unable to give information. About the 1st of June, Capt. Sherman who then commanded at Mound Fort, fearing an attack from the Indians, sent word of his apprehensions to Col. Dodge, who immediately col- lected from the several posts, of which there were twelve or more in the mining districts, some two hundred mounted men. They proceeded to Mound Fort on the 3d of June, on which day the two Misses Hall, who had been captured by the Sacs at the massacre on Fox River, were delivered up by the Winnebagoes. On the 6th of June, W. G. Aubrey, an inmate of Brigham's family, was killed by the Sacs while getting water at the spring near the dwelling-house ; this was about a mile and a half north of the fort, but in sight of it. It has since been ascertained that the Sacs had been piloted to this place by certain Winnebagoes. Suspicion ever attached to this treacherous people. On the 21st of June, some Indians were discovered in the vicinity of Mound Fort, and Lieut. George Force and Emerson Green, whose family was in the fort, mounted their horses and rode out to reconnoiter. In a short time, they fell into an ambush of the Sacs, about two miles in front, and immediately in view of the fort. The unfortunate men were plainly seen endeavoring to escape to the fort, but they were soon surrounded and killed by the savages, who mutilated the bodies in a most horrible manner. Lieut. Force had a heavy gold watch, by which the hours of standing guard were regulated ; at the time he was killed, it was in his pocket, and was taken — his body being chopped in pieces and scattered about the prairie, bhortly after, Wallace Rowan coming up to the body of a savage on the prairie, over which the prairie fire had passed, consuming the Indian's pack and clothing, the watch of Force was found in the ashes. Rowan kept the watch over ten years before finally parting with it. 358 HISTORY OP DA-NE COUNTY. Mr. Brigham kept a diary during the most eventful period of the war. Under the head of a " Memorandum of Passing Events," he says : " Blue Mound Fort, June 2, 1832. — Extract of a letter sent Gen. Dodge : Wakonka says there are two young prisoners with the Sauks. By the authority vested in fl. Beouchard (by H. Gratiot), two Indians, White Ox and brother, were sent on express to the Four Lakes Indians " [Same date]. — A letter was brought by two Frenchmen, St. Paul and [another] to H. Gratiot on public service, supposed to be from Gen. Atkinson. He [Gratiot] having left, I opened it and found there were two women prisoners with the Sauks. " June 5, 1832. — White Ox and brother and Wakonka returned ; the two first named had been to the lake [Koshkonong], and informed me that the Winnebagoes had bought the girls at Kosh- konong and then left their captors. The Sauks then followed them and surrounded them. Our army was at Koshkonong Lake, not far behind, and they were afraid they would be killed by the Sauks. The Sauks were in two columns, marching in direction for this country, 400 in number. " June 5, 1832. — Gen. Dodge promised at this time (May 27) to communicate to us every four days by express any and every particular relating to the state of the country in general ; to assist us with a mounted force ; promised us arms, ammunition and provisions, without delay. " June 6. — W. G. Aubrey was killed. " June 16. — Notwithstanding all promises, our teams returned from Mineral Point without arms or ammunition, for want of Gen. Dodge's order. " June 21. — Emerson Green and George Force both killed and scalped. Force horribly mangled ; his head cut off; a gold watch taken — a sum of money and two horses. " June 23. — Force is lying in the prairie, not buried. It is dangerous to go out of sight of the fort. " The General [Dodge] has not performed agreeable to promise ; seems to neglect us ; appears to bear malice against us for no cause ; our situation is a delicate one. I expect an attack from the Indians ; we cannot stand a siege. (My near relatives live in Angelica, Allegany Co., N. Y. To be given to Bradley Sherman or J. W. Sherman)." For a month after the killing of Force and Green, nothing Worthy of especial mention occurred at the Blue Mound Fort. The arrival there in July of a part of Gen. Posey's Brigade put an end to all fears from attacks by the Indians. It will be remembered that the retreat of Black Hawk up the Rock River and the pursuit of him by the Americans, led finally to the discovery of his trail just as he had left that stream for the Wisconsin. The retreat and pursuit, after leaving what is now Jefferson County, being con- tinued toward the Four Lakes, brought both parties, of course, at once into the present Dane County. What occurred until the Indians and Americans finally left the county is best told by one who participated in the march and battle which ensued : " July 19, 1832. — This day we had, for about twelve miles, the worst kind of road. To look at it it appeared impossible to march an army through it. Thickets and swamps of the worst kind we had to go through, but the men had something now to stimulate them. They saw the Sac trail fresh before them, and a prospect of bringing our campaign to an end. There was no murmuring, no excuses made, none-getting on the sick report. If we came to a swamp that our horses were not able to carry us through, we dismounted, turned. our horses before us and stepped in ourselves, sometimes up to our arm-pits in mud and water. In this way we marched with great celerity. In the evening of this day, it commenced thundering, lightning and rain- ing tremendously. We stopped not but pushed on. The trail appeared to be still getting fresher and the ground better, which still encouraged us to overcome every difiiculty found in the way. It continued raining until dark, and, indeed, until after dark. We now saw the want of our tents in the morning, a great number of us having left this necessary article behind, in order to favor our horses. The rain ceased before day, and it turned cold and chilly. In the morning, we arose early, at the well-known sound of the bugle, and prepared, in a very short time, our rude breakfast, dried our clothes a little, and by 7 o'clock, were on the march at a quick pace. HISTORY or DANE COUNTY. 359 " On this day, some of our scouts took an Indian as a prisoner. On examination, he was found to be a Winnebago. He stated that Black Hawk was but a little distance ahead of us, andthathehadseeusomeofhispartynot more than two miles ahead. Butitwasa bad pieceof con- duct, on our part, that this Indian was not kept as a prisoner of war, but was set at liberty and let go, no doubt, that he might inform the Sacs of our pursuit. " We halted, and the order of battle was formed, as we expected we would overtake them this evening. The order was as follows: Gen. Dodge and Maj. Ewing were to bring on the battle. Maj. Ewing was placed in the center, with his spy battalion, Capt. Gentry and Capt. Clark's companies on our right ; and Capt. Camp and Capt. Parkinson on our left. Our own battalion (Maj. Swing's), was reduced to two companies (as Capt. Wells and his company had been left at Fort Dixon) ; Capt. Lindsey, of our own battalion, was placed on the right, and Capt. Huston's company on the left ; Col. Fry and his regiment on the right ; and Col. Jones with his regiment on the left; and Col. Collins in the center. In this order, we marched in quick time, with all possible speed, in hope that we would overtake the. enemy on that evening. We were close to the Four Lakes, and we wished to come up with them before they could reach that place, as it was known to be a stronghold for the Indians ; but the day was not long enough to accomplish this desirable object. We reached the first of the Four Lakes [Monona] about sundown. Gen. Henry here called a halt, and consulted with Poquet [Peter Pauquette], our pilot, as to the country we were approaching. Poquet, who was well acquainted with this country, told him he could not get through it after night ; that we had to march close to the margin of the lake for some distance, as the underwood stood so thick, one man could ,not see another ten steps. Gen Henry concluded to encamp here until the break of day. Gen. Dodge sent Capt. Dixon on ahead with a few men, to see if they could make any discovery of the enemy, who returned in a very short time, and stated they had seen the enemy's rear guard about one mile and a half distant. " Gen. Henry gave strict orders for every man to tie up his horse, so as to be ready to start as soon as it was daylight. The order was strictly obeyed, and after we took our frugal supper, all retired to rest except those who had to mount guard ; for we had marched a great way that day, and many were still wet by the rain that fell the preceding night ; but, being very much fatigued, we were all soon lost in sleep, except those on guard. " July 21, at the break of day, the bugle sounded, and all were soon up, and in a few min- utes had breakfast ready, and after taking a little food, we mounted our horses and again commenced the pursuit. " We soon found that the pilot had told us no lie; for we found the country that the enemy was leading us into to be worse, if possible, than what he told us. We could turn neither to the right nor left, but was compelled to follow the trail the Indians had made, and that, too, for a great distance at the edge of the water of the lake. " We had not marched more than five miles before Dr. Philleo came back meeting us, with the scalp of an Indian. He had been on ahead with the front scouts and came on this Indian, who had been left as a rear guard to watch our movements. There were several shots fired at him about the same time, and I suppose all hit him, from the number of bullet-holes that were in him ; but Dr. Philleo scalped him, so he was called Philleo's Indian, which reminds me of the hunters: 'He who draws the first blood is entitled to the skin, and the remainder to the carcass, if there are several in the chase,' which was the case at this time.* *In the march in pursuit of the Indians, the detachment crossed the Crawfish Biver near Aztalan, and followed the trail until the high ^unds between Lake Monona and Lake Meudota, the capitol grounds, and the site of Madison were reached. In the timber skirting the Tfthani, at a fording place, they overtook the rear guard of the flying foe, where an Indiau was wounded, who crept away and hid himself in the thick willows, where he died. A scouting party of fourteen m«i, one of whom waa Abel Kasdali, was sent forward and preceded the main "°dy about two miles. When they arrived at the point non the site of Madison, an Indian was seen coming up from the water's edge, who aeatea himaelf upon the bank, apparently indifferent to his fate. In a moment after, his body was pierced with bullets, one of which passed in th '|^%*?'?P'^, ^^^ out of the back part of his head. On examination, it was found that he was sitting upon a newly-made grave, probably that of his wife, who had perhaps died of fatigue, hunger and exhaustion, and her disconsolate companion had resolved to await the advancing P t" 1*^ **^®^® *l80. The trail was followed around the southern end of Lake Mendota, passing a little north of what is now the Capitol ith * h "l^ ^^^ '*^® "®'*^ ^^® present University. A few miles brought them to what appeared an admirable position for a battle-field, With natural defenses and places of ambush. It had been chosen by the enemy, and here they had apparently lain the previous night. This place was afterward laid out as the Ciry of the Four Lakes, about three-quarters of a mile north of the present village of Pheasant Branch.— Ep. 360 HISTORY OF DANE COUNTY. " But I am not done with Dr. Philleo yet. I will show you that he is a good soldier, and something of an Indian fighter. The sign now began to get very fresh, and we mended our pace very much. We had not proceeded more than ten or fifteen miles further before our fight- ing Doctor run foul of two more Indians ; he showed his bravery in assisting to kill them. I suppose he killed one, and Mr. Sample Journey the other ; so there was a scalp for each. But one of those miserable wretches sold his life as dear as possible. He, in the act of falling after he was shot, fired, and shot three balls into a gentleman who was himself in the act of shooting at him. The balls were all small; one went through his thigh, one through his leg, and the other through his foot. I am sorry that I have forgotten the gentleman's name ; he belonged to Gen. Dodge's squadron. " We now doubled our speed, all were anxious to press forward, and as our horses were nearly worn out, we carried nothing, only what was actually necessary for us to eat ; camp kettles, and many such articles, were thrown away. " The trail was now. literally, in many places, strewed with Indian trinkets, such as mats, kettles, etc., which plainly told us that they knew we were in pursuit. We, too, saw from the face of the country that we were drawing close to the Wisconsin River, and our object was to ■overtake them before they 'reached it ; so now we went as fast as our horses were able to carry us. But this was too severe for our poor horses ; they began to give out. But even this did not stop a man. Whenever a horse gave out, the rider would dismount, throw off his saddle and bridle, and pursue on foot, in a run, without a murmur. I think the number of horses left this day was about forty. The rear guard of the enemy began by this time (about 3 o'clock P. M.) to make feint stands ; and as the timber stood thick, we did not know but that the whole army of Black Hawk was forming for action ; in consequence of which, we got down and formed as often as twice, before we found out that their object was to keep us back until they could gain some strong position to fight from. Our front scouts now were determined not to be deceived any more ; but the next they came to, they stopped not for their feigned maneuver, but pur- sued them to the main body of the enemy. They returned to us in great haste, and informed {jen. Henry that the Indians were forming for action. " We all dismounted in an instant. The line of battle was then formed in the same order that it had been laid ofi" the preceding day ; Gen. Dodge's corps and Maj. Ewing's spy battalion still in front. The horses were left and every fourth man detailed to hold them ; which gave seven horses to each man to hold. " We had scarcely time to form on foot, before the Indians raised the war-whoop, screaming and yelling hideously, and rushed forward, meeting us with a heavy charge. Gen. Dodge and Maj. Ewing met them also with a charge which produced a halt on the part of the enemy. Our men then opened a tremendous volley of musketry upon them, and accompanied it with the most terrific yells that ever came from the head of mortals, except from the savages themselves. They could not stand this. They now tried their well-known practice of flanking ; but here they were headed again by the brave Col. Jones and his regiment, 'who were on our left, where he met them in the most fearless manner, and opened a heavy fire upon them. Col. Fry was placed on the extreme right. They tried his line, but were soon repijlsed. Their strong position was on the left, or near the center, where Cols. Jones, Dodge and BVing, kept up a constant fire upon them for something like half an hour. " The enemy here had a strong position. They had taken shelter in some very high grass, where they could lie down and load, and be entirely out of sight. After fighting them in this position for at least thirty minutes, during which time Col. Jones had his horse shot from under him, and one of his jmen killed and several wounded. Cols. Dodge, Ewing and Jones all requested Gen. Henry to let them charge upon them at the point of the bayonet, which Gen. Henry readily assented to, and gave the order, '• Charge ! " which was obeyed by both men and officers in a most fearless manner. All were intent upon the charge. We had to charge up a lising piece of ground. When we got on the top, we then fired perfectly abreast. They could 'O^^xO <:^^ ]^l^J^ MAD ISON HISTORY or DANE COUNTY. 363 not stand this. They had to quit their hiding-place, and made good their retreat. When they commenced retreating, we killed a great number. " Their commander, who, it was said, was Napope, was on a white pony, on the top of a mountain in the rear of his Indians'; he certainly had one of the best voices for command I ever heard. He kept up a constant yell, until his men began to retreat, when he was heard no more. Col. Collins was kept, during this engagement, in the rear, as a reserve, and to keep the enemy from flanking and coming in upon us in the rear, which was a very good arrange- ment of Gen. Henry. " It was now nearly sundown, and still raining, as it had been all the evening, but so slow that we made shift to keep our guns dry. The enemy retreated toward the river with consider- able speed. The ground they were retreating to appeared to be low and swampy, and on the bank of the river there appeared to be a heavy body of timber, which the enemy could reach before we could bring them to another stand. So Gen. Henry concluded not to pursue them any further that night, but remain on the battle ground until next morning, and then he would not be in danger of losing so many of his men, knowing that, in the dark, he would have to lose a number, for the Indians would have the timber to fight from, while we would have to stand in the open prairie.* ''Next morning, July 22, the troops were paraded and put in battle order on foot, except Col. Fry's regiment, and took up the line of march to the river, leaving Col. Collins' regiment to guard the horses and baggage, and take care of the wounded. We marched down to the river, ■which was about one mile and a half off ; but before we reached the bank, we had a very bad swamp to go through, fifty or sixty yards on this side of the timber, which stood very high on the bank of the river. We now saw that Gen. Henry had acted very prudently. If he had attempted to follow them the evening before, he would have lost a great many of his men. " When we got to the bank, we found they had made their retreat across the river during the night, leaving a great many articles of their trumpery behind. We also saw a good deal of blood, where their wounded had bled. We now returned to the camp, seeing there was no chance to follow them this day across the river. " We, in this battle, were very fortunate indeed. We had only one man killed and eight wounded ; and we have learned since the battle that we killed sixty-eight of the enemy, and wounded a considerable number, twenty-five of whom, they report, died soon after the battle-t "We now were nearly out of provisions, and to take up the line of march against them, in the condition our horses were in, told us plainly that we would suffer for something to eat before we could get it. We buried the brave young man who was killed with the honors of war. It was stated that he had just shot down an Indian, when he received the mortal wound himself. His name was John Short, and he belonged to Capt. Briggs' company, from Randolph County. He had a brother and a brother-in-law in the same company, who witnessed his consignment to his mother earth. The wounded were all well examined and none pronounced mortal. We con- tmued this day on the battle ground, and prepared litters for the wounded to be carried on. We spent this day in a more cheerful manner then we had done any other day since we had been on the campaign. We felt a little satisfaction for our toils, and thought that we had, no doubt, destroyed a number of the very same monsters that had so lately been imbruing their hands with the blood of our fair sex— rthe helpless mother and unoffending infant. " We dried our clothes which then had been wet for several days. This day was spent in social chat between men and officers. There were no complaints made ; all had fought bravely ; each man praised his officers, and all praised our General. " Late in the evening, some of our men, who had been out to see if there were any signs of the enemy still remaining near us, returned, and stated that they saw smoke across th,e river. + B? ° v'n'° ?""}"* ^"^ O" t'"' ^'^^ ^W» <•' ""^ northeast qnarter of Section 24, in what is now the town of Mazomanie Da ne County — En T DincK Hawk nfterward d'clnvod that his loss was only six men. There is no reason why this shoilld be diBhelinycd.— Ed. 364 - HISTOEY OF PANE COUNTY. "Gen. Henry had been of the opinion through the day that -if the Indians did ever intend fighting any more, they would attack us that night, and this report went to confirm him in his belief more fully. That night he had a larger guard than usual. He made use of another excellent precaution. He had fires made in advance of our lines, at least forty yards, and had them .kept burning all night. Orders were given for every man to sleep upon his arms ; so that he could be ready for action at the shortest notice, should an alarm be given. We had scarcely got to sleep when we were alarmed by the running of our horses ; we had to parade, as usual to keep them from killing us. Men and ofiicers now fully expected that it was the enemy who frightened them. Orders were now given, for no man to sleep that night, but for every man to stand to his arms, and be ready to receive the enemy. We all now expected to have hard fight- ing, and were prepared for the worst. There was not a man who shrunk from his duty. All punctually obeyed the orders of his ofiicers, and made every preparation to receive the enemy, should he come. "About one hour and a half before day, on the same mountain from which the Indian chief had given his orders on the evening of the battle, we heard an Indian voice, in loud, shrill tones, as though he was talking to his men, and giving them orders. " Gen. Henry had his men all paraded in order of battle, in front of the tents, and the fires roused up. After all were paraded. Gen. Henry addressed his men 'in the most beautiful manner I ever heard man speak on such an occasion. I am sorry I cannot give the precise words, but I will attempt an outline of them. The Indian was still yell- ing in the most loud and terrific manner. Gen. Henry commenced : ' My brave soldiers, now is the critical and trying moment ; hear your enemy on the same mountain from which you drove them only on the evening before last, giving orders for a charge upon you. There is no doubt but that they have mustered all their strength at this time. Now, let every mother's son be at his post. Yes, my brave soldiers, you have stemmed the torrent of every opposition — you have stopped not for rivers, swamps, and, one might say, almost impenetrable forests ; suffered through the beating storm of night, amidst the sharpest peals" of thunder, and when the heavens appeared a plane of lightning. My brave boys, hear their yells ; let them not daunt you ; remember the glory you won the evening before last ; be not now the tarnishers of this reputation that you are so justly entitled to ; remember that you are fighting a set of demons who have lately been taking the lives of your helpless and unoffending neighbors. Stand firm, my brave Suckers, until you can see the whites of their eyes before you discharge your muskets, and then meet them with a charge as you have before done, and that, too, with great success.' " The Indian all this time was talking as though he was addressing his men, and appeared to approach nearer. Every oflBcer then on the ground was at his post, and had his particular station assigned to him and the ground he was to occupy during the action. In this order we stood until daylight. Just before day, the Indian quit talking. When it was just light enough to discover a man a short distance, the brave' and fearless Bwing took his battalion of spies, and, mounted on horseback, we were soon at the top of the mountain to see who it was that had serenaded us so long at that late hour of the night. We found only the sign of a few horse tracks that appeared as though they had been made that night. ' We marched in quick time around every part of the mountain, and found no one. We took a circuitous route back to camp, but found no one on the way. What it was that made this Indian act so was now a mystery that no one could solve. But before the reader gets through the history of this war, he will find out the cause. I cannot inform him now, as it does not come in its proper place. " It will be recollected that Dr. Merryman and Adjt. Woodbridge were both started as express bearers by Gens. Henry and Dodge, as soon as the Winnebagoes informed them that the Indians were at the Cranberry Lake, and had to return on account of Little Thunder (who was their pilot) getting frightened. The day after that, late in the evening, they started again, still in company with the same pilot. They now left the Sac trail, and this child of the forest was less afraid ; so, knowing the country well, he took them on that night, amidst the storm, to HISTORY OF DANE COUNTY. 365 Gen. Atkinson's camp, or Fort Kushkanong [Koshkonong], where Gen. Atkinson was, with his infantry and those of our volunteers who had lost their horses at Fort Winnebago. The next day, Adjts.Woodbridge and Merry man [the Doctor himself was an Adjutant], still with the same pilot, started back to Gen. Henry, with an express from Gen. Atkinson. They got to Gen. Henry during the action (July 21), but there was no time then for reading expresses, nor did those two men think of delivering expresses at that time, but immediately went to fighting. So those gentlemen performed a double duty, and deserve well of their country for the important services they rendered. " Now for the expresses. Gen. Atkinson directed Gen. Henry to pursue on the trail of Black Hawk until he could overtake him and to defeat or capture him, also stating that he would start himself, with the infantry and Gen. Alexander's brigade; and that the rest of the volunteers who were with him under Lieut. Col. Sharp, would be left to guard the Fort; and that they would go by way of the Blue Mounds, and directed us, if we got out of provisions, to go to that place for a supply. " We were now out of provisions, and were obliged to abandon further pursuit, and go to the Blue Mounds to procure a supply. Accordingly, on the 23d, we got in motion again ; not in pursuit of the enemy, but for bread and meat, to satisfy our appetites, as we were now out of everything to eat. " Our wounded this day suffered very much on account of having rough ground to pass over, and some very muddy creeks. When they got to the Blue Mounds, they were very hos- pitably treated. There was a small fort, and citizens plenty, who did not think it the least hard- ship to wait on those who had been shedding their blood to avenge the wrongs those people had suffered. For the Indians had killed three valuable men within one mile of this place, and one within view of the citizens who were in it — a gentleman by the name of Green, of high standing in society, and who had recently emigrated from the East. I have forgotten the names of the other gentlemen, but can say that the citizens spoke in high terms of their worth and seemed to lament their loss. " We here found a part of Gen. Posey's brigade, who had been sent from Fort Hamilton to assist in guarding this frontier place. An express had been sent by Gen. Atkinson to Gen. Posey to march as soon as possible to a small town on the Wisconsin River, to intercept the Indians, should any of them go down the river. So, in the afternoon. Gen. Posey, from Fort Hamilton, passed on his way to Helena, and late in the evening Gen. Atkinson and Gen. Alex- ander arrived with their brigades, leaving Col. Sharp, with those who had lost their horses, still at Fort Kushkanong, also Capt. Low, with one company of regulars. " We here drew three days' provision, and, on the 25th, we took up the line of march for Helena, on the Wisconsin River, where we intended to cross, again to take up the pursuit of the enemy." What followeafter the pursuit was again commenced until the close of the war has already been briefly related in the outline history of the State. THE FOUR-LAKES COUNTRY AFTER THE BLACK HAWK WAR.* From the fort [Winnebago], there were traveled roads leading to the Mississippi at Prairie du Cbien (or Fort Crawford), at the mouth of Fever River, near Galena, and at other points. After two days' rest, we took the route [from the portage] for Galena by way of the " Blue Mounds." At the distance of about fifteen miles in a southwesterly direction, the traveler dis- covers that he has imperceptibly attained an elevation commanding the timbered valley of the Wisconsin, and from which the stockade and white houses of the garrison are distinctly visible. On the east and northeast the Baribou [Baraboo] hills rise out of the fiat woodland and stretch away northwardly toward Lake Superior. He stands upon an eminence of 500 feet, sloping gently down on all sides, covered with waving grass. On the east and -south, as far as the eye 19 Charles WUttlesey. 366 HISTORY or DANE COUNTY. caa distinguish, he perceives a succession of similar hills, their rounded summits ranging irregu- larly around, not a tree, nor a stone, nor any fixed object to be seen in the whole prospect. In the spacious valleys that intervene, millions of small flowers mingle their bright colors with the green of the meadows, chastening and ruralizing the scene. An excitable person would exclaim at the sublimity of such a prospect, having the grandeur of a mountain without its loftiness, and the command of the sea without its monotony. A painter would pass from the grand outlines and dwell with delight upon the beauty of its details. It was through such a country, varied by a few small lakes, that we spent this day. We started up plenty of grouse, and frequently saw the deer quietly feeding on the hillsides, secure from our rifles in the distance. The sight of a prairie wolf was not an uncommon thing. This animal difiers materially from the common wolf, being less in size, of a gray color, and wanting in speed. . It feeds upon the mice and small animals of the low prairie, seldom assaulting the farmyard. He is less ferocious than the fox-tailed wolf, and may be soon overtaken with a iieet horse. Their uniform practice, in regard to us, after running away at a moderate step a couple of hundred yards, was to face about and examine the company. There were no Indians along the route. The Winnebagoes, following their established customs, had abandoned their allies after their defeat at the " Bad Axe " about four weeks previous, and were in pursuit of the fugi- . tives [Sacs], who had made off northwardly during the engagement, toward the Sioux country, At night, we slept upon the ground occupied by a war-party of the Menomonees a fortnight previous, on the banks of a clear, little brook. The transparency of running water in the prairie districts is a matter of general surprise; The war-party had left a good supply of odd fire-brands and chunks, for the purposes of our cookery and evening comfort. They had beaten down the grass, making a smooth place for our blankets, upon which were deposited our bodies, after the Indian fashion. This tribe, though not in a war-like mood, had become impatient of the delay attending the subjugation and punishment of their late murderous and ancient foes, the Sauks. They had collected their warriors at the agency, three miles up the Fox River from Fort Howard, anxious to avenge themselves. Ool. Stambaugh, the agent, had at length promised them if the war was not ended by a certain date,- that they might march under his direction to the Wisconsin and take part in the work of our troops. Their progress en route was about twenty miles a day, marching in single file, which, of course, left a distinct trail upon the ground. Our own men made twenty-seven miles a day on foot over the same country. About sundown, the Indian soldiers would collect themselves at a convenient spot, generally near a thicket, and always near water. They build fires, and set up a row of posts or crotches in front, and lay poles from one to tha other as a protection against the enemy. After the evening meal, they frequently hold a dance about the leading chief, accompanied by a due proportion of songs and threats against the foe. Then all compose themselves in perfect security about the fires, intrusting the guard- ianship of the camp to the watchfulness of their little dogs. Sentinels were sometimes persuaded to take post a few yards in advance, but they also betook themselves to their blankets, and slept till daylight. It was now early in September, 1832, and everything conspired to nerve the system and animate the senses. The sky had not shown a cloud for many days ; the air was cooled. by an ever moving breeze ; countless fiowers shone in purple and gold about us, and wherever we chose to move, the ground was firm and smooth as a turnpike. A new and unmingled pleasure diff"used itself through the company, of which even the animals seemed to partake. The path wound around the northern shores of the Four Lakes, from which Gen. Dodge,* with a band of mounted militia of the mining district, had lately driven the remnant of Black Hawk's force. On the second day, we passed the foot of the Blue Mound. It is a high hill of regular ascent, overlooking the country, and serves as a beacon to the traveler thirty miles distant. At night, we slept in a block-house in the mining district. Within sight of the station, a newly * When this was written, the'position occupied by Dodge in the army was not well understood by the writer, — En. HISTORY OF DANE COUNTY. 367 made grave lay at the roadside in the midst of a solitary prairie. The person over whom it was raised, had ventured too far from the house, and approached a thicket of bushes. Suddenly a band of concealed Indians sprang upon him, with the fatal whoop on their tongues ; his scalp, heart, and most of his flesh were soon stripped from the body, and a savage dance performed about the remains. The country is still prairie, with scattering tufts of inferior timber. The huts of the miners had been deserted on account of the diflSculties now terniinated, and the business of making lead was about to re-commence. Occasionally, a farm might be seen running out from an island of timber, and supplied with comfortable buildings. But most of the improvements were of a temporary nature, consisting of a lead furnace and the cabins adjacent. The process of reducing lead ore is very simple and rapid. The furnace is a face wall, about two feet thick, located upon a gentle slope of the ground, with an arch or passage through the center ; on each side of the arched opening, and in the rear or up-hill side, two wing walls run out transversely to the face wall, between which the wood is laid. The ore is placed upon it, and a continual fire kept up. The lead gradually separates, from the dross, and runs into a cavity in front of the arch. EARLY FRENCH -RESIDENTS. After the Black Ha^k war, and when Dane County began to receive a something of a popu- lation from abroad, there were found within its present limits a number of Canadian Frenchmen, either domesticated among the Indians, or trading with them. Their names were Michel St. Cyr, Joseph Pelkie, Phillip Covalie, Oliver Emell* and one Lavec. But none of these can be considered as settlers of Dane County. They soon disappeared as civilization advanced into "the Four Lakes region." Michel St. Qyr resided at a point a little north of the mouth of Pheasant Branch, on the north side of Lake Mendota, in what is now the town of Madison, where the "City of the Four Lakes " was afterward located and platted. Here he traded with the Indians, his stock consist- mg mostly of whisky and tobacco. The whisky was at first dealt out to his Indian customers in full strength, and pretty liberal quantities, until they became considerably oblivious, when the liquor was diluted, and finally, as they became still more intoxicated, water was freely substi- tuted, and, as St. Cyr said, answered every purpose. But this trade was not suflScient for a livelihood, and St. Cyr cultivated about eight acres of ground, surrounded with a rude fence, raising corn, oats, potatoes and a few vegetables. His cabin was a small affair, about twelve feet square, with a dirt floor ; and almost adjoin- ing it was a stable of about the same dimensions. With a Winnebago woman for his wife, and two sons and two daughters, all young, he entertained the very few travelers that passed through the country. A. F. Pratt and companion stopped there in February, 1837. They had served up to them a kind of pot-pie which relished very well ; and, after finishing their meal, and inquinng what kind of meat they had eaten, they were informed that it was muskrat. Indeed, muskrats, and occasionally pheasants, seemed to form the principal articles for his table; and bt. Oyr would pleasantly observe, that the Englishmen, meaning white people generally, " would just as soon eat pheasant as rat, when all were cooked up together." St. Cyr was a Canadian half-breed, born about 1806 ; had always lived on the frontier and among the Indians, and could speak English quite well, though he was entirely illiterate. He was a man of ordinary size, about pne hundred and fifty pounds weight ; with a thin visage, aark complexion, black hair and eyes, a quick step, and a ready, active man generally, in both ooay and mind. He was amiable and kind to all, and scorned' a dishonest man or a liar. He cfaTed * ''°™™''°<^'°g influence over that portion of the Winnebagoes with whom he was asso- spdled Mab?»T-ED."''' ^'"'^'"'"' " ™"ou3ly spelled, frequently Armel ; but there are notices extant with his lame signed to them 3b8 HISTORY OF DANE COUNTY. St. Cyr claimed that he had made some arrangement with J. D.. Doty to enter for him the land where he lived ; if so, the arrangement failed of its object. The lands which he had culti- vated were bought without his knowledge, for, in fact, he took no interest in anything except trad- ing with the Indians. W. B. Slaughter entered the tract in 1835. and conveyed an undivided half-interest to Doty, December 20, in that year, with a view of having a town laid out there, &,nd eventually securing the location of the Territorial Capital at that point. Doty employed John Bannister, a surveyor of Green Bay, who subsequently removed to Fond du Lac and died there, to lay out on the land " the City of the Four Lakes." The certificate of the plat bears date July 7, 1836. Subsequently to purchasing an interest in Slaughter's tract. Doty, with Gov. Mason, of Michigan, entered the tract embracing the present locality of Madison, which was probably regarded in a more favorable light than the Slaughter location. At the time of the eventful session of the Belmont Legislature, when the location of the capital of the Territory was decided upon, Slaughter was absent in the South to spend the winter, and no one was pres- ent with tempting oilers of corner lots in his behalf, and Madison was the successful competitor for the interesting prize at stake. So much for " the City of the Four Lakes " and its unhappy fate. To compensate St. Cyr for his trifling improvements. Slaughter gave him some $200, and about the 1st of July, 1838, he removed first to Minnesota and soon after to the Winnebago reservation in Iowa, where he died about 1864. Joseph Pelkie was domesticated with the Winnebagoes. He was employed in the erection of the first house occupied in Madison. He remained in and around the place for some time. Once he was shot, but not killed, by Berry Haney, and, when last heard of, he was still carry- ing the ball in his back. The dispute was about a land claim. Pelkie was an expert hunter and fisherman. He was once summoned as a juryman in Judge Irvin's court, in Madison, but, on malting his appearance to take the oath, the Judge challenged him with — " Go home, you dirty Frenchman, and wash yourself, and put on some clean clothes, and then come back and take the oath." Court adjourned, to give him time to obey the order. Nothing is known of the earlier or later history of " Old Pelkie," He was married to a Winnebago woman and had a family, and, when the question came up as to his right to receive a stipulated sum from the General Government, he conceived it necessary to be re-married under civilized authority ; so Simeon Mills, as Justice of the Peace, performed the ceremony in the autumn of 1838. Philip Covalle was a fisherman, hunter and trapper. He was the only white man found on the present site of Madison when it was first visited by A A. Bird, in the spring of 1837. Covalle was a Canadian of French extraction, and a fair type of the early voyageurs and ad- venturers who penetrated the wilds of the Northwest in search of furs, and whose natural affini- ties made them at home among the wild men of the forest. Born and bred among the half-civ- ilized border-men, he pressed back into the wilderness as the tide of civilization rolled on its Western course, occupying the ground so reluctantly relinquished by the red men and their ready associates, the trappers and traders, whose occupation followed in the train of the receding In- dians ; and, with the fading forests, disappeared entirely from the regions which but a few years before were known to the world only as the hunting grounds from which came the rich furs so universally admired in civilized life. Covalle was the descendant of a Hudson Bay trapper, and followed the movements of his family, and for many years thereafter was in the employ of a fur company as a trapper, spend- ing years in the wilds north of the Saint Mary's River, returning to the trading establishments only at stated seasons to bring in his furs and obtain supplies. Nothing pleased him more than the opportunity of recounting his adventures and "hair-breadth escapes" among the men of the wilderness in which he has spent so much of his early life. Tired of this wild life, he left the employ of the Hudson Bay Company and commenced operations for himself, trapping along the streams emptying into Green Bay, falling back as civilization advanced — giving up his cabin to villages, and his trapping resorts to lumbermen. Following up the Fox River, he kept in ad- vance of the settlements, gathering in the little game that lingered along the line, until he was HISTOEY OF DANE COUNTY. 369 forced to abandon the vicinity of the Fox and Wisconsin Rivers and find hunting grounds away from the business routes of white men. Taking his Indian woman and his small family of half- breed children, with his ever-present companion, "Alex, the fisherboy," he came across the country to the chain of lakes, then in the undisturbed possession of the Indians, and built a cabin at the outlet of Lake Mendota. Here he was found by the men who came to lay the foundation of the capitol of the Territory, and here he remained until, tired of his surroundings, and longing for the quiet of the wilderness, he, with his little family, left, to join his old associates who had been transferred to the wilds west of the Mississippi. Covalle, though illiterate, was a companionable, good-natured man, interesting in the long stories he used to tell of the happy life he led in the country before it was taken possession of by the white man. He tried hard to accustom himself to the usages of civilized life, but it was unnatural to him, and the attempt only made more apparent the force of early habits. Learn- ing that white men married, he brought his Indian woman before a Justice of the Peace, that his own marriage might be solemnized in the presence of his children, a proceeding which was important to them only as it conformed to the customs of white men. He would send to Dr. A. Lull, the village physician, to treat complaints that would be thought nothing of in his former solitary life, simply because white men employed the doctor ; and many a joke came back to the settlement, of Covalle's efiForts to bring his half-breed family under treatment ; and ludicrous enough were the attempts of the family to adapt some article of clothing, the gift of white peo- ple, to their native costume of buckskin and blanket. The " first families " of Madison (those who are left) remember the curiosity with which Madame Covalle and her children looked in upon them through the windows of their houses, refusing to enter the dwellings, and with what interets they would gather at the doors to witness the proceedings of meetings on Sunday. Oliver M-mell'wa.s a trader with the Indians in 1832, having his headquarters on the site of the present city of Madison. He liad his goods in a temporary Indian-built hut, and he seems to have done a large business, as, in the year above mentioned, no less than 500 Indians were encamped between where the State House now stands and the shore of Lake Monona, who came here for the purpose of trading with him. He lived on Lake Waubesa, on the west side, and had a Winnebago woman for a wife, with a family of children ; but was re-married according to civilized usages, in the autumn of 1838, by Simeon Mills, Justice of the Peace. He left the county to join the Indians. Lavee, like Pelkie, assisted in the erection of the first house occupied in Madison. He had a squaw wife, whose brother was stabbed and killed on the beach of Lake Monona. The mur- derer was also an Indian. As this happened after the settlement of Madison had commenced, considerable excitement ensued, but nothing was done in the matter. It was only one Indian killing another. HISTOEY OF DANE COUNTS. OHAPTEB IT. United States Land Stjeveys — Dates of Surveys and Notes of Stjeveyobs— Dane County Inclttded in Theee Land Districts— Census of 1836— Ye Ancient Pioneers- Eably Gov- ernment of the Dane County Kegion— Forming- and Naming the County— Visits to Dane County in 1837. UNITED STATES LAND SURVEYS. The first surveys by the General Government, of lands in Wisconsin, were made south of the Wisconsin and Fox Rivers. The northern boundary line of the State of Illinois, fixed April 11, 1818, on the parallel of 42° 30' north latitude, became, properly enough, the base line of these surveys. A principal north-and-south line (known as the Fourth Meridian) was run, extending from the base line to Lake Superior, at right angles with the last-mentioned line. The Fourth Meridian is west of the territory of Dane County, running on the east boundary of what is now the county of Grant, and on the west boundary of La Fayette and Iowa Counties, and thence onward due north, a distance west of the west line of Dane County of thirty miles, strik- ing Lake Superior a short distance west of the mouth of Montreal River. Parallel lines to the Fourth Meridian were run every six miles on the east and west sides of it. The intervening six miles bet"ween these lines are called ranges. Range 1 east is the first six miles of territory east of the Fourth Meridian ; Range 2 east is the second six miles, and so on to Lake Michigan — Dane County lying in Ranges, 6, 7, 8, 9, 10, 11 and 12 east. Parallel lines north of the base line (the north boundary line of the State of Illinois) were run every six miles, which, crossing the ranges at right angles, cut the whole into blocks six miles square, called townships. These are numbered by tiers going north from the base line, the first tier being known as Townships 1 north, the gecond tier as Townships 2 north, and so on. As the most southern boundary of Dane County is distant from the base line twenty-four miles, or four townships, of course the first or most southern tier of townships in the county is numbered five north ; and, as there are five tiers, they are numbered consecutively, Townships 5, 6, 7, 8 and 9 north. Dane County, then, lies in Townships 5, 6, 7, 8 and 9 north, of Ranges 6, 7, 8, 9, 10, 11 and 12 east, except that the northwest part of Township 9, in Range 6 east, and the northwest corner of Township 9, Range 7 east, are a part of Sauk County. After this territory was surveyed into townships, the latter were subdivided into sections and quarter-sections. Each town in Dane County contains exactly a surveyed township of land of the United States survey, except such as are hereinafter mentioned. The town of Albion is organized of Township 5, Range 12 east ; the town of Berry, of Township 8, Range 7 east ; town of Blooming Grove, of Township 7, Range 10 east, except so much as is included in the city of Madison ; Black Earth, of the south half of Township 8, Range 6 east ; Blue Mound^, of Township 6, Range 6 east ; Bristol, of Township 9, Range 11 east; Burke, of Township 8, Range 10 east; Christiana, of Township 6, Range 12 east; Cot- tage Grove, of Township 7, Range 11 east ; Cross Plains, of Township 7, Range 7 east; Dane, of Township 9, Range 8 east ; Deerfield, of Township 7, Range 12 east ; Dunkirk, of Town- ship 5, Range 11 east; Dunn, of Township 6, Range 10 east; Fitchburg, of Township 6, Range 9 east : Madison, of Township 7, Range 9 east, except so mu6h as is included in the city of Madison; Mazomanie, of the north half of Township 8, and all of Township 9, lying south of the Wisconsin River, all in Range 6 east ; Medina, of Township 8, Range 12 east ; Middle- ton, of Township 7, Range 8 east ; Montrose, of Township 5, Range 8 east ; Oregon, of Town- ship 5, Range 9 east ; Perry, of Township 5, Range 6 east ; Primrose, of Township 5, Range 7 east ; Pleasant Springs, of Township 6, Range 11 east ; Roxbury, of Township 9, Range 7 HISTORY OF DANE COUNTY. 371 east, except a small fraction northwest of the Wisconsin, in Sauk County ; Rutland, of Town- ship 5, Range 10 east ; Springdale, of Township 6, Range 7 east ; Springfield, of Township 8, Range 8 east ; Sun Prairie, of Township 8, Range 11 east ; Vermont, of Township 7, Range 6 east ; Verona, of Township 6, Range 8 east ; Vienna, of Township 9, Range 9 east ; Westport, of Township 8, Range 9 east, except so much as is covered by a portion of Lake Mendota, which is in fact a portion of the city of Madison ; Windsor, of Township 9, Range 10 east, and York, of Township 9, Range 12 east. The number of acres in each of the townships included within the limits of Dane County are, according to the survey of the United States, as follows — excluding meandered lakes and streams, and including the city of Madison : Township 5, Range 6 (Perry), 22,992.11 ; Township 5, Range 7 (Primrose), 22,668.79 ; Township 5, Range 8 (Montrose), 22,662.88 ; Township 5, Range 9 (Oregon), 22,614.41 ; Township 5, Range 10 (Rutland), 22,699.09; Township 5, Range 11 (Dunkirk), 23,003.67 ; Township 5, Range 12 (Albion), 22,609.37 ; Township 6, Range 6 (Blue Mounds), 22,926.07; Township 6, Range 7 (Springdale), 22,892.48 ; Township 6, Range 8 (Verona), 23,153.97 ; Township 6, Range 9 (Fitchburg), 23,255.28; Township 6, Range 10 (Dunn), 18,885.16; Township 6, Range 11 (Pleasant Springs), 21,527.75; Township 6, Range 12 (Christiana), 28,198.55; Township 7, Range 6 (Vermont), 22.924,06 ; Township 7, Range 7 (Cross Plains), 28,- 020.30 ; Township 7, Range 8 (Middleton), 22,972.80 ; Township 7, Range 9 (Town of Madison and most of the City of Madison), 12,949.82; Township 7, Range 10 (Blooming Grove and a south of the City of Madison), 19,589.80 ; Township 7, Range 11 (Cottage Grove), 22,- 451,59 ; Township 7, Range 12 (Deerfield), 22,881.88 ; Township 8, Range 6 (Black Earth and south part of Mazomanie), 22,874,11: Township 8, Range 7 (Berry), 28,082.49; Township 8, Range 8 (Springfield), 22,998.70 ; Township 8, Range 9 (Westport), 21,497.25 ; Township 8, Range 10 (Berke), 22,876.30 ; Township 8, Range 11 (Sun Prairie), 22,731.70 ; Township 8, Range 12 (Medina), 22,578.25 ; Township 9, Range 6 (north part of Mazomanie), 8,081.- 96; Township 9, Range 7 (Roxbury), 22,661.23; Township 9, Range 8 (Dane), 22,954.06-, Township 9, Range 9 (Vienna), 23',033.01 ; Township 9, Range 10 (Windsor), 22,687.19 ; Township 9, Range 11 (Bristol), 22,687.18 ; Township 9, Range 12 (York), 22,906.44. DATES OF SURVEYS AND NOTES OF SURVEYORS. The township lines in Dane County were run by John MuUett, assisted in some cases by John Brink, in the years 1881, 1832 and 1833 — mostly in the latter year. The section lines were run in the years 1832, 1833, 1834 and 1885, by J. W. Stephenson, Lorin Miller, John Mullett and Orson Lyon. The first surveying was done by John Mullett, who ran the township lines of Township 6, Range 7 east (town of Springdale), in the latter part of 1831. The last surveying was done by Lorin Miller, who ran the section lines east of Sugar River, in Township 5, Range 8 east (Montrose), in the second quarter of the year 1835. Robert T. Lytle, one of the Surveyors General, on the 21st of September of that year, declared the survey finished of all that is now Dane County, besides much other territory, south and east of the Wisconsin and Fox Rivers. From the field-notes of the surveyors and the Government plats, many items of interest are obtained. These sources furnish the following facts : Township 5 north, of Range 6 east [Perry) — Was surveyed into sections by J. W. Ste- phenson, in the first quarter of the year 1833. Township 6 north, of Range 6 east {Blue Mounds). — This township was surveyed into sections by John Mullett, Deputy Surveyor, beginning the survey February 24, 1883, and end- ing the following March. He was assisted by Mahlon Blaker, Marker; C. H. Stowell, H. M. Draper and John Brink, Chainmen. Township 7 north, of Range 6 east ( Vermont). — This township was surveyed into sections by John Mullett, Deputy Surveyor, in the first quarter of 1833, assisted by Mahlon Blaker, Marker-; C. H. Stowell, H. M. Draper and John Brink, Chainmen. 372 HISTOEY OF DANE COUNTY Township 8 north, of Range 6 east {Black Earth and south half of Mazomanie). — This township was surveyed in the first quarter of 1833, by the same parties who surveyed the last- mentioned townships, 6 and 7 north, of Range 6 east. Township 9 north, of Range 6 east {north half of Mazomanie). — The survey of this town- ship into sections was begun January 15, 1833, and finished on the 18th of the same month, by John Mullett, Deputy Surveyor, assisted by the same marker and chainmea as before mentioned. Township 6 north, of Range 7 east {Primrose). — This township was surveyed into sections by J. W. Stephenson, in the first quarter of 1833. Township 6 north, of Range 7 east {Spring dale). — The northeast half of Section 1, being so much of the section as lies to the northeast of Sugar Creek, was the first land surveyed in this township, this was done by Lorin Miller, Deputy Surveyor in the second quarter of 1833, assisted by Russell Baldwin and Noah Phelps, Chainmen, and Richard Reese, Marker. The res- idue of the township was surveyed by John Mullett, Deputy Surveyor, assisted by Mahlon Blaker, Marker, and C. H. Stowell, H. M. Draper and John Brink, Chainmen, during the quar- ter of the year. Township 7 north, of Range 7 east {Cross Plains). — The survey of this township into sections was begun March 12, 1833, and finished on the 18th of the same month (excepting so much as lay south of the military road), by John Mullett, Deputy Surveyor, assisted by the par- ties last mentioned. That portion lying in the southeast corner of the township, consisting of Section 36 and portions of Sections 35, 34, and 25, were not surveyed until December, 1834, when the lines were run by Orson Lyon, Deputy Surveyor. Township 8 north, of Range 7 east {Berry). — This township was surveyed into sections by John Mullett, assisted by the same men who aided him in the survey of the township last men- tioned, who began his labor February 15, 1835, and finished the same on the 23d of the same month. Township 9 north, of Range 7 east {Roxhury). — All of this township, except the small fraction lying west of the Wisconsin River, was surveyed into sections by John Mullett, Deputy Surveyor, with the same assistants before mentioned, who began his labor January 29, 1833, ending Fel)ruary 6, thereafter. Alv;n Burt surveyed the fraction now lying in Sauk County, in 1842 ; it contains only 37 acres and a fraction. Township 5 north, of Range 8 east {Montrose). — So much of this township as lies east of Sugar Creek, was surveyed into sections by Lorin Miller, Deputy Surveyor, who commenced his work (assisted by Russell Baldwin and Noah Phelps, Chainmen, and Richard Rees, Marker,) January 19, 1834, and completed the same on the 22d of the same month. In his field-notes, he says : " The east part of this fraction [that is, the east part of the present town of Mont- rose] is very hilly, but of good quality of soil ; heavily, not densely timbered, with black, white, and yellow oak. As you approach the Sugar Creek, the land becomes more level, iVith less tim- ber. The First [Lake Kegonsa] and Fourth Lake [Mendot^.] trails unite at and cross the Sugar Creek at the ' Fish Trap Ford,' which is directly north of Sugar Creek Springs, or Dogharty's." This survey was canceled, ahd the same was re-surveyed by Orson Lyon, in 1834, but the latter wrote no description of the fractional part of the township, thus re-surveyed by hira. West of Sugar Creek was surveyed into sections by J. W. Stephenson in the last quarter of 1832. Township 6 north, of Range 8 east { Verona). — This township was surveyed into sections by Lorin Miller, Deputy Surveyor, who commenced his work (assisted by Russell Baldwin and Harvey Booth, Chainmen, and Richard Rees, Marker), December 15, 1833, and completedit on the 22d of the same month. Mr. Miller, in his field-notes, says : " This is agood township of land, and timbered with burr, white, and yellow oak, and some hickory. It is watered by Sugar Creek and its tributaries. The water is of the best quality. There are no bad marshes. The timber is low and not valuable." Township 7 north, of Range 8 east {Middleton). — This township was surveyed into sections by John Mullett, Deputy Surveyor, assisted by Mahlon Blaker, Marker, and C. H. Stowell, H. HISTORY OF DANE COUNTY 373 M. Draper and John Brink, Chainmen ; but. the southeast half of the survey was canceled and re-surveyed by Orson Lyon, in December, 1834 ; that is, all southeast of the military road was thus re-surveyed. Mr. Lyon, in his field-notes, has these " General Remarks :" " The south- west part of Fractional Township 7 north, of Range 8 /ast, is hilly and second-rate land. The northeast part is rolling and second-rate. It is timbered with burr, white and black oak, with an undergrowth of grass. Near the west side of the township, there is about three square miles of prairie. There is also a small portion of the southeast part of the township dry, rich prairie and first-rate land, with a growth of grass." Township 8 north, of Range 8 east {Springfield). — This township was surveyed into sec- tions by John Mullett, Deputy Surveyor, with the assistants last mentioned ; commenced his labor March 19, 1833, and finished the same on the 24th of the same month. Township 9 north, of Range 8 east {Dane). — John Mullett, Deputy Surveyor, with the same assistants before mentioned, surveyed this township into sections, in the first quarter of 18B3. Township 5 north. Range 9 east {Oregon). — This township was surveyed into sections by Lorin Miller, Deputy Surveyor, assisted by Russell Baldwin and Joshua Hathaway, Jr., Chain- men, and Richard Reese, Marker. Mr. Miller began his labors September 23, 1833, and ended on the 30th of the same month. In his notes, he says : " The last half of this town is good second-rate rolling land, and the whole town timbered with burr, white and yellow oak. The west half, except the marsh, is hilly and rather broken. There is little or no water upon the upland'. It has a bad marsh on the west side, with a stream passing through it." Totvmhip 6 north, Range 9 east {Fitchburg). — Lorin Miller surveyed this township into sections, assisted by Russell Baldwin and Harvey Booth, Chainmen, and Richard Rees, Axman. Mr. Miller commenced his survey December 7, 1833, and completed the same on the 14th of the month, when he wrote: " This is a good township of land, mostly gently rolling, with a good soil ; is not well watered ; otherwise holds out many inducements to the farmer. It has some springs and streams on the east side. On this township we saw many deer and prairie wolves." Township 7 north, of Range 9 east {Madison). — Orson Lyon surveyed this township in December, 1834. In his field-notes, he says : " The township is rolling and second-rate land, timbered with burr, white and black oak. It has an undergrowth of oak and grass. The bank of the Third Lake is high, dry and rich land, except a part of the southwest side of the lake, in Section 25, which is low and marshy, also the southeast and west side of a pond [Lake Wingra], in Sections 26, 27 and 28. The bank of the Fourth Lake is, with few exceptions, high, dry ground, timbered with black, white and burr oak. In Section 1, there is a perpendicular bluff of rocks about sixty feet high. There is, in the northwest part of Section 1, a fine grove of sugar-trees, containing about two hundred acres of ground. The lakes are shallow, and well sup- plied with a variety of fish." On Section 6, on the southeast side of the military road, Mr. Lyon sketches a house with a field adjacent. It is on the northwest shore of the lake, which he numbers "Fourth " Lake, now Lake Mendota. This incipient settlement is noted by the surveyor as " Mitchell's." On the east side of Fourth Lake, in Section 1, the "perpendicular blufi"" he speaks of, is McBride's Point C' Maple Bluff"). The grove is called " Sugar Grove " by Mr. Lyon. There isan Indian trail leading from Mitchell's around the west end of " Fourth Lake," in a southeast direction along the west end of " Third Lake," thence onward in an easterly direction along the south side of the last-mentioned lake. Township 8 north. Range 9 east {Westport). — All west of the military road in this town- snip — that is to say, the two west tiers of sections nearly — was surveyed by John Mullett, in the ^oond quarter of 1833. He was assisted by Mahlon Blaker, Marker, and G. H. Stowell, John AT\ ^^^ ^' ^' •''^'"'*P^'"' Chainmen. The residue of the township was surveyed in November and December, 1834, by Orson Lyon, assisted by Harrison Fleshor and John Straight, Chain- men, and Madison Young, Marker. Mr. Lyon says : " The north part of Fractional Township « north, of Range 9 east, is high, rolling and hilly prairie, and first-rate land. The south and 374 HISTORY Or DANE COUNTY. east part of the township, with the exception of the marshes, is rolling and second-rate land timbered with black, burr and white oak, with an undergrowth of grass. The marshes are level' second or third rate, with a growth of ^rass. The bank of the lake (the north side of Lake Mendota) is rolling first and second rare land, timbered with black oak, white oak, sugar-tree and linn. The southwest part of Section 27, and the southeast part of Section 28, is low marshy ground and third rate." Township 9 north, of Range 9 east ( Vienna). — The west half of this township, or so much of it as lay west of the military road, was surveyed into sections by John MuUett, Dep,uty Sur- veyor, who began his work April 11, 1833, and ended the next day. He was assisted by Mah- lon Blaker, Marker, C. H. Stowell, H. M. Draper and John Brink, Chainmen. The east half of this township, or so much as lay east of the military road, was surveyed by Orson Lyon, Deputy Surveyor, in November, 1834. Of the tract surveyed by him, Mr. Lyon says : " The fractional township (east half of what is now the town of Vienna) is nearly three-fourths high, dry and rich prairie, with a growth of grass and weeds. The remaining is fourth rate, and thinly timbered with burr and white oak, having an undergrowth of oak and grass. Near the corner of Sections 13 and 24, on the east side of the sections, there is a circular mound fifteen chains in diameter at the base, and about 120 feet high. In the middle of the township, the land is hilly and broken from the south part of Section 12 to the southwest part of Section 21, from a half to three-fourths of a mile in width, the remaining part rolling and nearly all first-rate land." Township 5 north, of Range 10 east {Rutland). — This township was surveyed by Lorin Miller, Deputy Surveyor, into sections, assisted by Russell Baldwin and John Hathaway, Jr., Chainmen, and Richard Rees, Marker. The survey was commenced October 2, and completed October 9, 1833. Mr. Miller says: "This township is composed mostly of fine rolling land, well timbered, though not densely, with burr, white and yellow oak. A deep creek [Bad Fish] rises near the northwest corner, meanders across diagonally and leaves at the southwest corner, which with its tributary forms a stream of some importance, but is without sufficient fall for machinery. Its bottom is wide and marshy." Toionship 6 north, of Range 10 east [Dunn). — This township was surveyed by Lorin Mil- ^ ler, Deputy Surveyor, who commenced his survey December 3, 1833, and completed the same March 2, 1834. He was assisted by Russell Baldwin and Harvey Booth, Chainmen, and Rich- ard Rees, Marker. Mr. Miller says: "This is a good township of land, and is watered with First and Second Lakes and two ponds, with Catfish Creek and a number of small streams, and has few marshes. Its waters abound with different kinds of fish, such as cat-fish, pike, black bass and rock bass. Geese and ducks are found in abundance. The land is rolling, and has many artificial mounds in different parts of the township. Between Sections 34 and 35 is a nat- ural mound. In turning north at thirty chains you come to the foot of a circular ridge, the baae of which is fourteen chains, including the diameter of the circle. In the middle of this hollow is a beautiful natural mound, twenty-five feet in height, and beautifully sloping at an angle of about forty-five degrees, and entirely detached from said ridge. On the top of this mound (or nearly so) is a burr oak tree fourteen inches in diameter, and in exact line of the survey." Township 7 north, of Range 10 east {Blooming Grove). — This township was surveyed in May and June, 1834, by Orson Lyon, Deputy Surveyor, who says: " The township is thinly timbered with burr and white and black oak. The north half is first and second rate, and gently rolling, except the marshes and swamps. The north part of the lower lake [Waubesa] is bounded by large marshes each side ; the water is shallow a considerable distance from the shore, and is well supplied with a variety of fish. The shore of the north or upper lake [Monona] is high and dry, good soil, and the lake is from two to four miles across, the water clear and shallow. No mineral of any description is known to exist within said township." , Township 8 north, of Range 10 east {Burke). — Orson Lyon, Deputy Surveyor, surveyed this township into sections in September and October, 1834. He was assisted by Harrison Flesher and John Straight, Chainmen, and Madison Young, Marker. " This township," say» Mr. Lyon, " is high, dry, rolling land, except the marsh in the west part of the township, which HISTORY OF DANE COUNTY. 375 is low, wet land, and of little or no value. The prairie is first-rate soil, the woodland second rate, timber rather scrubby burr, black and white oak. The southeast part of the township is hilly and broken. On the west half of thfe northwest quarter of Section 24, there is a natural circular mound, about 20 chains in diameter at the base and 100 feet high. At thirty-seven chains and sixty links east of tl)£ corner to Sections 13, 14, 23 and 24, there is a natural mound 3 chains in diameter at the base and 25 feet high. No mineral is known to exist within said township." Township 9 north, of Range 10 east ( Windsor). — This township was surveyed into sections in November, 1834, by Orson Lyon, He was assisted by the parties mentioned in the last township. Mr. Lyon remarks : " The south and west part of this township is rolling, first and second rate land, thinly timbered with burr, white and black oak, with an undergrowth of oak, hazel and grass. The north and east part is'rich, rolling prairie and first-rate land, with a growth of grass and various kinds of reeds, except a part of Sections 12, 13 and 24, which is thinly timbered with black, burr and white oak, and has an undergrowth of oak, hazel and grass." Township 6 north, of Range 11 east (Dunkirk). — ^Lorin Miller, Deputy Surveyor, com- menced surveying this township into sections on the 12th of October, 1833, and completed his work on the 20th of the same. He was assisted by Eussel Baldwin and Harvey Booth, Chain- men, and Richard Rees, Marker. "The aggregate quality of the soil of this township," says Mr. -Miller, "is perhaps a shade better than second rate. It is tolerably well watered by the Catfish [now the Yahara] and four small tributaries, two on either side. A narrow skirt of prairie is divided from -the Catfish by a like skirt of good timber. A good, dry, rolling prairie extends from the northwest quarter of the township far to the north, the soil of which is a dark, sandy loam. The Catfish Creek, or outlet of the Four Lakes, meanders pleasantly through the township, and abounds in fine fish and water- fowl, especially wild geese." Township 6, north of Range 11 east [Pleasant Springs). — Lorin Miller surveyed this town- ship into sections, assisted by the same parties as last mentioned. He commenced November 24, 1833, and completed March 3 following. Mr. Miller has this note : " This township, though divided by its share of crooked marshes, may be ranked as good second-rate land. The soil is generally a warm, light, sandy loam, which will richly repay the cultivator. It may be said to be well watered by the narrow marshes, in which is running water, in some places contracted into brooks, but mostly expanded over the marsh. The First Lake [Kegonsa] is a beautiful sheet of pure water, abounding in excellent fish and a great variety of water-fowl, which ofier fine inducements to the sportsman. The Catfish Creek, at a moderate expense in deepening the channel, may become (and undoubtedly will) navigable for steamboats from Rock River to this lake, a distance, by its meanders, of about twenty miles. A branch of the Whitewater Creek [the latter now known as the Koshkonong] rises on Section 24, and running north leaves the town on Section 12r The surface of the township is for the most part rolling, timbered with burr, white and yellow oak, rather thinly. A fine old sugar grove is noticed on Section 20. The evident remains of artificial mounds and embankments furnish food for the speculations of the curious." Township 7 north, of Range 11 east [Cottage Grove). — This township was surveyed in May, 1834, by Orson Lyon, assisted by Claudius J. Pettibone and John S. Faber, Chainmen, and Madison Young, Axman. Says Mr. Lyon : " The southeast, north and northwest parts of this town- ship are rolling prairie, and first-rate land. From the northeast to the southwest part of the township, there is a line of marshes that lie so flat and low that they cannot be drained so as to be of any consequence. The ridges of dry land between the marshes are thinly timbered with white oak, black oak and burr oak ; poor, second-rate land. The streams are deep and muddy, the currents dull and sluggish. There are no springs except those which rise up in the marshes. Ihis township might be called second rate." Township 8 north, of Range 11 east [Sun Prairie). In September, 1834, Orson Lyon sur- veyed this township into sections, assisted by Harrison Fletcher and John Straight, Chainmen, and 376 HISTOEY OF DANE COUNTY. Madison Young, Axman. Mr. Lyon says : " The northeast half of this township is rolling and first-rate land, containing about three and a half square miles of prairie ; the remaining part timbered with burr, white and black oak, except the marsh in the southeast and northeast corner of the township. The southwest half, with the exception of the marsh, is rolling and second-rate land, thinly timbered with burr, black and white oak, with an undergrowth of oak and grass. The marshes are level and third rate, and have a growth of grass." Township 9 north, of Range. 11 east {Bristol). — This township was surveyed by Orson Lyon into sections in October and November, 1834, assisted by the same parties last mentioned. The remarks of Mr. Lyon concerning this township are as follows : " The southwest and north- west part of this township is a rolling prairie and first rate. The east and north part, second rate, and is rather wet; timbered with burr, white and black oak, with an undergrowth of oak grass and weeds. The northeast part of the township is well supplied with water by springs rising near the heads and on the borders of the marshes." Township 5 north, of Range 12 east {Albion) — Lorin Miller commenced October 22, 1833, to survey this township into sections, he completed his labors on the 1st of November fol- lowing ; assisted by Russell Baldwin and Harvey Booth, Chainmen, and Richard Rees, Axman. Mr. Miller remarks : " This is a good township, with the exception of its marshes ; soil dark, sandy loam, well timbered with white, burr, and yellow oak and hickory, and is tolerably well watered, though some of its sections are otheFwise. Sections 25 and 36 are bounded on the east by Lake " Kuskonong " [Koshkonong], which is but an expansion of Rock River. This lake abounds in a variety of fish, such as pike, black and rock bass and catfish. Also at this season of the year are seen an innurherable multitude of ducks, wild geese and some swans. It has a stream called Muskrat Creek passing through its center, and another, crossing its northeast corner, called the Whitewater [now Koshkonong], the bottoms of which are marshy and bad." Township 6 north, of Range W east { Christiana). — Lorin Miller surveyed this township into sections November 16, 1833, and completed the same on the 23d of the same month, assisted by the same party last mentioned. " The larger half of this township " says Mr. Miller, " consists of high, dry, rolling prairie of rich, light, sandy loam, tolerably well watered by the Whitewater [Koshkonong] which crosses the northwest corner of the township and intersects the northeast corner of the same, meanders across the east side and leaves at the southeast corner. The Muskrat Creek rises in marshes on southwest quarter of the same and leaves on Section 32. The several streams are skirted by good oak timber, some hickory and aspen. The mounds (artificial) are worthy the attention of the curious." Township 7 north, of Range I'B east [Beerfield). — This township was surveyed into sec- tions by Orson Lyon in April and May, 1834. Mr. Lyon says : " This township is thinly timbered with white, burr and black oak, except in the marshes and swamps, which are timbered with tamarack ; the growth in the marshes is flags and grass ; the marshes anjj swamps are nearly connected through the township, and lie so flat and low that the land is of little or no value. The land between the marshes is rolling ; soil, sandy, second and third rate. No mineral, no natural -er artificial curiosities are known to exist within said township." Township 8 north, of Range 12 east {Medina). — This township was surveyed in June and September, 1834, by Orson Lyon, assisted by Peter M. Hannaman and Immanuel Richey, Chainmen, and Madison Young, Axman. Concerning this township, Mr. Lyon says : " This township is rolling, second and third rate land, timbered with burr, black and white oak, with an undergrowth of oak and grass, except the swamps and marshes, where the growth is tamarack, grass and flags, with low, level, wet and third-rate land." Township 9, north of Range W, east { York). — Orson Lyon surveyed this township in 1834/ assisted by Harrison Flesher and John Straight, Chainmen, and Madison Young, Axman. The remarks ot Mr. Lyon are as follows : " This township is first and second rate land, timbered with burr and white oak, with an undergrowth of oak and grass, except the southwest corner of the township, which is low, level and marshy ground, and of little or no value. The water m the marshes in many places is impregnated with copperas ; besides the marshes the township is watered by several spring brooks." HISTOBY OF DANE COUNTY. 377 DANE COUNTY INCLUDED IN THREE LAND DISTRICTS. By the end of 1833, a large amount of the public land in Wisconsin, south and east of the Wisconsin and Fox Rivers, had been surveyed ; and, the fact being reported by the Surveyor General, two land districts were erected by an act of Congress, approved June 26, 1834. These districts embraced all the land north of the State of Illinois, west of Lake Michigan, south and southeast of the Wisconsin and Fox Rivers, included in the then Territory of Michigan. The area was then divided by a north-and-aouth line, drawn from the base line to the Wisconsin River, between Ranges 8 and 9. All east of that line was called the Green Bay Land District ; all west, the Wisconsin Land District. A land office of the eastern district was established at Green Bay ; of the western district, at Mineral Point. In general terms, it may be said that all of the present county of Dane, lying west of a north-and-south line drawn along the western extremity of Lake Mendota, including what are now the towns of Perry, Primrose, Montrose, Blue Mounds, Springdale, Verona, Vermont, Cross Plains, Middleton, Black Earth, Berry, Springfield, Mazomanie, Roxbury and Dane, fell into the Wisconsin Land District ; all east of that line, including the present towns of Oregon, Rut- land, Dunkirk, Albion, Fitchburg, Dunn, Pleasant Springs, Christiana, Madison, Blooming Grove, Cottage Grove, Deerfield, Westport, Burke, Sun Prairie, Medina, Vienna, Windsor, Bristol and York, also the city of Madison, fell into the Green Bay Land District. Public sales of the surveyed lands in the two districts (and all the present territory of Dane County had been surveyed), were held in 1835, at Green Bay and Mineral Point, immediately after which the whole that remained unsold was open to private entry at $1.2.5 an acre. By an act of Congress of June 15, 1836, the Milwaukee Land District was erected out of the southern portion of the Green Bay District, including all the land lying between Range 8 east and Lake Michigan, bounded on the south by the Illinois State line and extending north so as to reach to and include the tier of townships numbered 10 north ; also Townships 11 and 12 north, of Ranges 21 and 22 east. Of course, in this new district fell all of the townships now included in Dane County that are in Ranges 9, 10, 11 and 12 east, and the present county limits were no longer — any portion of them — in the Green Bay District. The land office for the new district was located at Milwaukee, where the first public sale of lands, which had been surveyed after the other lands had been offered at Green Bay and Mineral Point, was held. This was in the spring of 1839, but as all the lands in the townships last mentioned had been offered at public sale in Green Bay and Mineral Point, in 1835, of course they were not again put up for sale ; but parties desiring to enter lands in those townships had to go to Milwaukee to purchase of the Government instead of Green Bay, as formerly. CENSUS OF 1836. The first enumeration of the inhabitants living within what are now the limits of Dan© County was taken in July, 1836, when its territory was a part of Iowa and Milwaukee Counties. It so. happened that three of the families were living in the county last mentioned, but were so near the line (though actually in Milwaukee County) that they were enumerated in Iowa County. In numbering the inhabitants, the names of the heads of families only were noted ; but the males were numbered separately from the females ; thus : HEADS OP FAMILIES. Males. Females. Total. Ebenezer Brigham* 7 1 8 Berry Haney* ."!]!...!!!!!!!!!"! 4 15 Wallace Rowan* ... 4 5 9 Michel St. Cyrf !!!!!.,"!!!!!...!!!.............'.'....'...... 4 2 6 John Emelf '.'.'..'.'.'"....'".. 4 2 6 AbelRasdallf .......................!.................. 2—2 Whole number 3g •Resident, in fact, in Iowa County— in that part which afterward became the western half of Dane County.— Ed Kmel" w«nS i? S°*'.°' Milwaukee County— in thnt part which afterward became the eastern half of Dane County. The name "John plained -Sd intended for the Ffenchm.vi whoso r-al name was Oliver Bmell, frequently found written " Armel " as previously ex- 378 HISTORY OP DANE COUNTY. Subsequently, but before Dane was erected into a separate county, Bben Peck and wife came to the Bast Blue Mound, at Brigham's place, while "Wallace Rowan and family moved into what was afterward set off as Columbia County, at Poynette. When, therefore, the capital of Wisconsin Territory was located at Madison — November 28, 1836 — the country now included within the limits of Dane County, contained not less than twenty-nine inhabitants. TE ANCIENT PIONEERS. Abel Rasdall wa,s a native of Kentucky, born August 15, 1805, in Barron County, son of Robert and Elizabeth Rasdall. He was raised a farmer. When a young man, he went to Mis- souri and engaged in lead mining, and in 1828 went to Galena and assisted awhile the late James Morrison in his mining operations at Porter's Grove, about nine miles west of Blue Mounds, aind soon engaged in the business of an Indian trader, locating his cabin on the eastern shore of Lake Kegonsa, about a half-mile south of its outlet. He married a Winnebago woman by whom he had three children. She was a real help-meet to him in the Indian trade, but, accom- panying him to Fort Winnebago at some Indian payment there, she sickened and died of small- pox, Rasdall alone attending her and burying her remains. He had been vaccinated when young, and did not take the disease. He subsequently married another Winnebago woman ; ,they had no issue, and when her people migrated west, she concluded to go with them — so Ras- dall and his Indian wife cut a blanket in two, each taking a part, the Indian mode of divorce. In his trading with the Indians, Rasdall did not, by any means, confine himself to his trading establishment, but would pack several ponies with goods, and would take a tour among the Indian camps and settlements, and dicker off his goods for skins and furs. He obtained his goods at Galena, where he disposed of his furs and peltry. Not only ponies were used for packing a,nd transporting goods, but Indians also. In 1846, he was married to Mary Ann Pitcher, in Madison, by whom he had three sons. Mr. Rasdall died at his home at Token Creek, Dane Co., Wis., June 6, 1857, at the age of nearly 52 years. He will long be remem- bered as an early settler of the County, his trading adventures around the Four Lakes having commenced as early as 1831. "Among those [early settlers] recently deceased," wrote one of the pioneers soon after the death of Rasdall, " was Abel Rasdall, who, I believe, was one of the first settlers in the Four Lakes region. His first settlement was at Porter's Grove^ which is situated about nine miles from the Blue Mounds, at which place he had charge of some business in connection with James Morrison. This was in. 1828, and the same year they were joined by Ebenezer Brigham. Mrs. Morrison joined her husband in January, 1829. Henry Dodge preceded them by but one year in the occupancy of this region, having located near his present home in 1827. Mr. Morrison huilt two cabins, in 1828, near the locality now known as Porter's Grove, one of which was designed as a repository of goods. The means of trafiic with the Indians were then very limited, consisting mostly in the exchange of goods of various cheap kinds for furs, of which the Indians had no just knowledge. Their goods consisted mostly of calico, woolen cloth, wampujn and beads. There was nothing like a fixed system of exchange. An article of goods worth one shilling would often readily exchange for the skin of an otter worth , $5. The Indians had no idea of the value of anything, and had no frugal ideas with regard to means of living. They subsisted mostly upon animal food, which generally Consisted of ducks and fish. There was a root used by the Indians which they regarded as a substitute for potatoes, which was found in marshes, growing in a succession of bulbs. Mr. Rasdall said it had. no resemblance to the arrow- root either in root or top. I was quite unable to get a satisfactory impression of what it was. Mr. Rasdall had not seen it for several years. The name gijren it by the Indians was No-ah- how-in. Mr. Rasdall was once cast ashore from Lake Mgpid^ta, and, having no provisions, sub- sisted upon this root for ten days. This was in 1835, while arranging a trading establishment near Lake Kegonsa. At a prior date, whileon an excursion near the same lake, he saw a bear, and soon after, coming across the wigwams near its outlet, he informed the Indians, who will- ingly sallied out, being in great want of food, and soon succeeded in capturing it. They readily (/ (DECEASEDj MADISON. HISTORY OF DANE COUNTY. 381 divided the prey, allowing a liberal share to Rasdall's party, although quite short of food them- selves. The Winnebago Indians, at that time, were regarded as friendly. The Sacs and Foxes had been displeased by the Pottawatomies and Winnebagoes, which led to a visit from Big Thunder to the region of the Four Lakes about that time. The Indians then appeared to be more provident, for in 1831, 1832 and 1833, Rasdall believed that they raised not less than 8,000 bushels of corn at the various fields and villages about the lakes. This was mostly stored in places arranged below ground, inclosed by the trunks of small trees, with which it was covered, and then often covered with earth. "In the month of June, 1832, was the first assault from the Indians in this region of country. At that time, three men were killed near the rude fort which had been reared at Blue Mounds. The Indians seemed to cherish cruel intentions, as was inferred from their treatment of the bodies of these men, after they were slain, for they were horribly mutilated. These men were Smith, Force and Green ; others have only referred to the names of Force and Green, which has led to the impression that Mr. Smith may not have been killed at that precise time. Mr. Rasdall was one of fourteen men who were sent forward as a scout, when the army was pursuing Black Hawk from Rock River westward, before the battle at Wisconsin Heights. His party encamped about ten miles east of the Catfish [Yahara]. " They left their encampment early in the morning, and preceded the main body about two miles, crossing the Catfish, and reaching the present site of the city of Madison. Here an Indian was seen coming up from the shore of Lake Monona. He seated himself upon the bank, appar- ently indifferent to his fate. In a moment after, his body was pierced by several balls, one of which passed in at the temple and out at the back part of his head. Mr. Rasdall said the Indian proved to have been seated upon a grave, where he probably seated himself with the heroic intention of ending his days upon the grave of some dear friend or kindred. This, he thought, occurred about 8 o'clock in the morning, possibly earlier. The Indian was seated with his back partly toward the party, and was turning, apparently to look at them, when he received the shot. If the party had more fully appreciated the character of their victim, his life would, most likely, have been saved ; but, so frequent had been the deceptions practiced upon the whites, that it was not deemed safe to trust him, and they were at the time impressed with the idea that he was one of a party lying near in ambush. " This party, which was commanded by Capt. Gentry, was sent forward in order to recon- noiter, and prevent a surprise by the main body, for they were well assured that the main body of Indians was but a short distance in advance, as was afterward proved, for this was the morning of the memorable 21st of July, near the evening of which was fought the battle of Wisconsin Heights. They hastened forward, passing a little north of what is now the Capitol Park, in Madi- son, and along Lake Mendota, near the University. When near Pheasant Branch, they saw an Indian in advance of them, who continued for the same distance for a short time, with no apparent definite purpose ; when he suddenly placed himself behind a tree, from which he fired at them. As he had plainly exhibited his intentions, their course was very plain, and he was soon slain by a shot from one of the party. By spreading out to right and left, his place of refuge from them was of little avail, and in an effort to escape he was shot down. So hot was their chase, that no time was appropriated to the examination of his body; but some weeks afterward, and after the prairie had been burned over, on examination of his body, the watch which had been taken from the body of Mr. Force was found among his effects. The watch was the more readily recognized, as it had been used at the fort at Blue Mounds to regulate the service of sentinels. Mr. Rasdall, with his party, hastened onward, after their adventure with the Indian near Pheasant Branch, and was engaged with the army under Gens. Henry and Dodge at the Wisconsin. " During the battle, Mr. Rasdall said an Indian of noble form stood upon a high ropk, apparently engaged in cheering on his men, when a gun, considerably larger than others, was brought to bear upon him, but without effecting any injury. He soon retreated from his posi- tion. This Indian was supposed to have been the old chief, Black Hawk. 382 HISTOEY OF DANE COUNTY. " Another incident which illustrated the mode of Indian warfare was related, showing the necessity of meeting them with some tact. As a number of men were in close proximity to some straggling Indians in the midst of the battle, and were firing from behind bowlders, logs or any- thing that would afiford protection, a man, who was near Mr. Rasdall, would often raise his head above the log in order to reconnoiter. While thus engaged, a ball from the gun of an Indian who was concealed quite near them, and before unobserved, took eifect just above the eye. The poor fellow thus paid a dear forfeit for his disregard of the advice given him by his more careful companions. " During the years referred to, other scenes were being enacted, and by other parties, in the Four Lakes region. On the 15th and 16th of October, 1832, Capt. Gidieon Low, with Privates James Halpin and Archibald Crisman, encamped on the Monona Lake ridge. At that time, about five hundred Indians were encamped between where the Capitol now stands and the shore of Lake Monona. These Indians came here for the purpose of trafiic with a French trader, who who had his goods in a temporary Indian-built hut. The name of this trader was Louis Armel [Oliver Emell]. Capt. Low and his command came down from the Portage (Fort Winnebago), in pursuit of some deserters, whom they readily found, as they had imbibed too freely of the French trader's bad whisky to be well qualified to secrete themselves. One of them had taken so great liberty in his debauch that he was unable to be carried back im- mediately. The amiable officer and his command, were led to patronize the drinking depart- ment which was conducted by the French trader, quite as much as corresponded well with their mission. " This expedition came from the Fort by the way of Dekorra and Hastings' Creek, now known as Enspringer's, and then across the prairie and along the northwest side of Lake Men- dota, through the old plat of the City of the Four Lakes, and around the west end of the lake, through the present University grounds. A cabin was built at Enspringer's place at a very early day. This house, which for some time served as a resort for persons coursing through the country, was supposed to have been burned by a soldier named John H. Megan, who had been flogged and drummed out of the garrison at Fort Winnebago, to which punishment he was subjected for selling liquors clandestinely. The man perished from cold the night following, about eleven miles toward Galena, along what is known as the military road. The poor fellow, probably finding that he would not be able to stand the severe cold, strapped himself to a tree with the fastenings of his soldier's knapsack. He was soon after discovered, frozen stiff, by an expedition on its way from Galena to Fort Winnebago, where his effects, including $500 in gold, were taken, and forwarded to the War Department, where they might be claimed by his friends. A command was immediately sent back to bury him. Hia body is supposed to rest at the foot of the tree under which he perished. This was about midway between Hastings' and Runey's, between which places there werie no habitations at that period, and this was the way most com- monly traveled by persons who were passing from Fort Winnebago to Madison." " Rasdall at one time kept a trading store on the east side of King and Webster streets, in Madison, and on one occasion a young Indian entered his store and attacked him with an open knife. Rasdall was unarmed, but, after guarding the blows, was finally able to wrench the knife from the hands of the Indian, and, though wounded across the back of his fingers, pursued him out into the street, where he caught and threw him down and then struck at him with the knife while he held him down with one hand. The knife each time struck a heavy buckskin belt the Indian wore, and thus failed to injure him. The father of the young man, coming up at the time, rushed up to Rasdall and besought him to spare the life of his son and take his, as he was an old man and had few moons to live. The appeal touched the heart of Rasdall, and, though naturally rash and vindictive, he allowed the young man to get up and go off with his father without further molestation. " Wallace Rowan, one of the pioneers of Dane County, whose name appears on the list of those enumerated in July, 1836, lived in what is now the town of Cross Plains. Of his early history nothing is known. He was largely employed in trafficking with the Indiana, HISTORY OF DANE COUNTY. 383 but was also inclined to "settle down," as the phrase is, instead of leading the wandering life of the trader. He was the owner, by purchases from the Government, of several tracts of land in what is now Dane County, but soon after disposed of them. He left the county late in 1836. Eowan was the first settler in what is now Columbia County. On the 6th day of June, 1836, he entered, at the Green Bay Land OflSce, the northeast quarter of- the southeast quarter of Section 34, Township 11 north, of Range 9 east, in what is now the town of Dekorra, adjoining the village of Poynette. This was the first land entered in the county, but it was then Brown County, in Michigan Territory, afterward Brown County, Wisconsin Territory, subsequently Portage County, Wisconsin Territory ; then Columbia County, Wisconsin Territory ; finally Columbia County, State of Wisconsin, and so it remains. He moved froin Dane County to his forty acres in what is now Columbia County. " I was at his house," says Moses M. Strong, " on the 19th day of February, 1837, and there was no appearance of his having just arrived there." He was living in a log house, built by himself on his own land, and he ^vent thera to stay. There was no other settler (as the term settler is usually understood), within the limits of what is now Columbia County, so early as Rowan. Rowan's house was a double log tenement, built for the purpose of trafficking with the Indians and as a house of entertainment for travelers. It was on the military road that ran from Prairie du Chien, by the way of Fort Winnebago, to Fort Howard. On this highway, there was considerable travel for a number of years. Rowan's tavern was a little south of what is now Dole's mill, near a large spring. Rowan was a kind-hearted man, perfectly honest, one in whom you would at first sight be persuaded you could put confidence. His wife, though not so refined as her husband, was equal to him in kindness to travelers and friends. Rowan was a man of medium height, rather thin in flesh, and of a somewhat dark complexion. He had great conver- sational powers, was very social, and took great pains to make everybody who stopped with him as comfortable as his situation would permit. He carried on a small farm at the same tirne, raising corn, potatoes, oats and the very best kinds of vegetables. He had a large family of children. His oldest daughter Mr. Rowan always called '• Ducky." She was a splendid girl — handsome, smart and well-behaved. His second daughter was called "Pop." Rowan also kept a trading-house at Portage City, in 18-38. "A daughter of Mr. Rowan," says the Wisconsin Enquirer of June 1, 1839, " who resides twelve miles this side of the Portage, was on Tuesday last shockingly burned, her clothes having caught fire during the absence of her parents from the house.^ Her recovery is very doubtful. She is eight or nine years old." In 1840, with a man by the name of Wood, he made a claim on the Baraboo River. They built a saw-mill just at the upper end of Baraboo Village. They supplied the lumber that was used in building up the village, and rafted lumber down the river, which was so crooked that it caused them a good deal of trouble to reach the Wisconsin. In 1842, Rowan left Columbia County, and took his family with him to Baraboo. He soon after died ; his beautiful daughter quickly followed her father to the grave, and then the mother. Rowan and his wife were from the State of Indiana, as understood by a remark made by Mrs. Rowan, who, when asked to what tribe she belonged, answered, " Gol darn it, I don't belong to no tribe ! I am from Indianer 1 " There have been many stories told of Rowan's Hotel. An old settler relates this one : " I arrived there in 1837, at about 11 o'clock P. M., on horseback. The hostler, a Frenchman, was yet up, making fires to keep those comfortable who were sleeping on the floor. After taking care of my horse, I went into the house. There was a good fire, and the floor was covered with men, sleeping. I asked the French hostler for something to eat ; so he went into the kitchen and brought me a whole duck and two potatoes. He 'said that was all he could find cooked. After eating, I felt like lying down. He pointed to a place between two men. I took my blan- ket and crowded myself into it. Next morning the teamsters got up to feed their teams, and, in takmg out their corn, they scattered some inside and outside the house. James Duane Doty, (afterward Governor), was lying next to the door, in his robes ; I was next to him, in my blan- ket. A lean, long old sow found the corn that the teamsters had scattered outside the door. 384 HISTORY OF DANE COUNTY This encouraged her to follow up the corn that was scattered inside. Finding some among Doty's robes, she put her nose under him and rolled him over, when he exclaimed : ' Landlord! Landlord ! you must postpone my breakfast for some time, as I have not yet got rested.' Instead of the landlord disturbing him, it was the old sow. Then I heard some curious noise outside which kept me awake ; so I got up, and found that the noise was created by a modern grist-mill erected in front of the door, for grinding corn into meal. A pestle hung to the end of a spring-' pole : there was a mortar made by burning out a hollow in the top of a stump. We all of us had the first mess made out of this mill, and you could compare it to nothing but the fine sift- ings of stone coal, such as jou find in a blacksmith-shop. We had good coffee and plenty of honey. We made a hearty breakfast, and were thankful for it." Perry Haney, another of " ye ancient pioneers," well remembered by the old settlers of the county, was a resident of what is now the town of Cross Plains. Of his early history noth- ing is known. He was one of those enumerated as residing in what is now Dane County, in July, 1836. He was, in the true sense of the term, a borderer. His home was near the pres- ent depot in Cross Plains. He lived in a small log house ; was married,; his wife's maiden name was Baxter. He remained in the county until after the Territory became a State, when, in true pioneer style, " he went West ;" but, of the manner of his going, history is necessarily silsnt. Mention has already been made of Haney's shooting the Frenchman Pelkie. It is recorded that they " had the dispute about a claim of land in Cross Plains, and Haney shot the Frenchman through the thigh, the ball entering the folding leaf of a cherry table, and which for years after- ward was shown by Haney to his friends as a curiosity. Haney, however, took care of Pelkie until his final recovery." It is also related that Haney at one time borrowed $50 of a citizen of Madison, and ten- dered him his note, which the latter refused, remarking that it was a matter of honor between Haney and himself, and all he wished was that the money should be returned at a given date. Haney was never known to honor his note, but this matter of verbal promise to pay was the highest form of integrity to him, and, on the appointed day, Haney passed over the lawful amount with a nervous earnestness that he never was known to experience at any other time when his note of hand fell due. EARLY GOVERNMENT OP THE DANE COUNTY REGION. The first civilized claimants to the territory now included within the boundaries of Wiscon. sin were the French. The whole of the Northwest was claimed by France from 1671 to 1763 when it was surrendered to the British. By the " Quebec Act " of 1774, all of this region was placed under the local administration of Canada. It was, however, practically put under a des- ,potic military rule, and so continued until possession passed to the United States. Before the last-mentioned event, and during and after the Revolution, the conflicting claims of Virginia, New York, Massachusetts and Connecticut to portions of the country, were relinquished to the general Government. AH these claims were based upon supposed Chartered rights, Virginia adding to hers the right of conquest, as she contended, of the " Illinois country " during the Revolution. As early as October, 1778, Virginia declared, by an act of her General Assembly, that all the citizens of that commonwealth who were then settled, or should thereafter settle, on the western side of the Ohio, should be included in a distinct county, which should be called Illinois. No Virginians were then settled as far north as the southern boundary line of what is now Wisconsin, and, as none thereafter located so far north before Virginia relinquished to the United States all her rights to territory on the western and northern side of the Ohio, it follows that no part of the territory which afterward became Wisconsin was ever included in Illinois County as a part of Virginia ; nor did the last-mentioned State ever exercise any jurisdiction over any portion of the territory now constituting this State, or make claim to any part of it by right of conquest. . Notwithstanding the passage of the ordinance of 1787, establishing a government over the territory northwest of the Ohio River, which territory was acquired by the treaty of 1783 from HISTORY OF DANE COUNTY B85 Great Britain, possession only was obtained by the United States of the southern portion, the northern part being held by the British Government until 1796. Arthur St. Clair, in Febru- ary, 1790, exercising the functions of Governor, and having previously organized a government for the country under the ordinance just mentioned, established, in what is now the State of Illinois, a county which was named St. Clair. But, as this county only extended north " to the mouth of the Little Mackinaw Creek, on the Illinois," it did not include, of course, any part of the present State of Wisconsin, although being the nearest approach thereto of any organized county up to that date. In 1796, Wayne County was organized, which was made to include, beside much other ter- ritory all of what is now Wisconsin watered by streams flowing into Lake Michigan. But no part of what is now Dane County came within its jurisdiction. From 1800 to 1809, what are now the limits of Wisconsin were within the Territory of Indiana, and, in the year last men- tioned, passed into the Territory of Illinois. It is probable that Indiana Territory exercised iurisdiction over the Territory now included in the State of Wisconsin, at least to the extent of appointing two Justices of the Peace, one for Green Bay and one for Prairie du Chien. In the year 1809, the Illinois Territorial Government commissioned three Justices of the Peace and two militia oflBcers at Prairie du Chien, the county of St. Clair having previously been extended so as to include that point, and probably Green Bay, thereby bringing into its jurisdiction what is now Dane County. In the course of time, other Illinois counties had jurisdiction, until, in 1818, what is now Wisconsin became a portion of Michigan Territory. By a proclamation of Lewis Cass, Governor of Michigan Territory, of October 26, 1818, Brown and Crawford Counties were organized. The county of Brown originally coLnprised all of what is now Wisconsin east of a line passing north and south through the middle of the port- age between the Fox and Wisconsin Rivers, except a small portion of the Door County penin- sula, which was included in the county of Michilimackinac. The limits of the county extended north into the territory of the present State of Michigan so far that its north line ran due west from the head of Noquet Bay. An east-and-west line, passing near the northern limits of the present county of Barron, separated the county of Crawford from the county of Michilimackina'c on the north ; on the east, it was bounded by the county of Brown ; on the south, by the State of Illinois, and on the west, by the Mississippi River. The present county of Dane was thus included in both the counties of Brown and Crawford, and the line " through the middle of the portage between the Fox and Wisconsin Rivers," extending south to the Illinois line, divided the territory now forming Dane County into two nearly equal parts. By an act of the Legis- lative Council of the Territory of Michigan, approved October 29, 1829, to take effect the 1st of January following, the county of Iowa was established, embracing all the present State of Wis- consin south of the Wisconsin River and west of Brown County ; in other words, it included the whole of what was previously Crawford County lying south of the Wisconsin River. What is now Dane County was thereby included in portions of Brown and Iowa Counties. On the 6th of September, 1834, the eastern boundary of Iowa was extended so as to be identical with the lin between the Green Bay and Wisconsin Land Districts ; that is, it was fixed upon the meridian between Ranges 8 and 9 east. By the same act, all that district of country before that time in Brown County, lying south of a line drawn between Townships 11 and 12 north, in all the ranges east of Range 8 (the east line of Iowa County as established by the same act), was con- stituted a new county, and named " Milwaukie ;" so that what is now Dane County fell into Iowa and Milwaukee Counties instead of Iowa and Brown Counties, as before ; that is to say, all of the present county of Dane lying west of a line drawn north and south thrpugh the extreme west end of Lake Mendota was then in Iowa County; while all east of that line was in Mil- waukee County ; and the divisions so remained until December 7, 1836. FORMING AND NAMING THE COUNTY. By an act of the Territorial Legislature of December 7, 1886, Townships 5, 6, 7, 8 and 9 north, of Ranges 6, 7, 8, 9, 10, 11 and 12 east — that is, so mu/jh of them as was then surveyed Mk^tb.i^. •386 HISTORY OF DANE COUNTY. — were set apart as a new county, to which was given the name of Dane. The seat of justice was located at Madison, and the county was attached to Iowa County for judicial purposes. It was njore than two years after the erection of the new county out of the thirty-five townships pre- viously enumerated, before its organization for all county purposes was effected. James Duane Doty gave the name Dane to the new county, in honor of Nathan Dane, who, when a delegate in the Continental Congress from Massachusetts, introduced into that body the Ordinance of 1787. Doty deemed it very proper that the county in which was the capital of the last Territory organized out of the old Northwest Territory should perpetuate the name of Dane. VISITS TO DANE COUNTY IN 1837. I.— By G. W. Feathekst. nhatjgh. The banks [of the Wisconsin after leaving the portage] at'fitst were low, and verdant with overhanging foliage, as were the beautiful islands which frequently presented themselves ; whilst often the river expanded into an uninterrupted sheet of water, of a reddish color, marking the quality of the soil it had passed through. The river, however, was so shallow in many places that our canoe frequently grazed the bottom ; and, going with unusual velocity, we more than once got so fast in the sand that we found it difficult to force it back into deeper water. Upon such occasions, or at any difficult passes, the men never hesitated to jump out, knowing what frail vessels birch-bark canoes are, and that no time is to be lost. I never had men in my service more to be depended upon in emergencies of this kind. About 10 A. M., we came up with sandstone strata, of the same character with those which I had examined at Fort Winnebago. At 11, the country began to rise, and became hilly in the distance. We passed a sandstone bluif sixty feet high, the strata still preserving that horizontal character which distinguishes the coal measures and the other intervening silurian beds I had left behind me, all of which lay above these rocks. The loose sandbanks of the river contained seams of red oxide of iron, showing that they were derived from the strata the river had broken down, they being everywhere banded with red and yellow oxides. Our course being southwest by south by compass, ws came up at noon with some pine trees, and a sandstone bluff on the right bank 150 feet high. As a storm appeared to be rising in the west, I stopped here a short time, not wishing the men to eat their meal in so, much discomfort as they had done upon other occasions ; but we were soon off again, and got into a fine expanse of the river, free from islands, with lofty, sloping banks, pleasingly interspersed with oak trees. At half past 2 P. M., we passed an isolated ridge standing a little back from the left bank, with a singular crest, rudely resembling walls and batteries, near 200 feet high. Every now and then we passed heaps df dead, valves of the unios, many of which, from their freshness, appeared to have been very recently dragged there by the otters and musk-rats. I occasionally stopped to examine them, and sometimes obtained very beautiful shells, especially a large TJ. rectus, with a deep, salmon- colored nacre. The species, generally resembled those in the Tennessee, Cumberland, and other Western rivers, and confirmed my previous experience of the separation of Atlantic and Gulf species. The day at length becoming cold and rainy, our musical propensities became dormant, and we went silently on, anticipating the evening encampment and its comfortable fires, when we dis- covered that we had not exclusive possession of the country, a small canoe heaving in sight from below. On coming up with it we found it contained an old-looking Indian, his squaw and two young children ; -the squaw had some clothes on, but the man and the children were quite naked. They looked uncomfortable enough, to be sure, but Indians are so accustomed to sufi'er in this manner that they never complain. They are only really unhappy when they cannot procure food. I gave this poor family a few biscuits, and the woman seemed grateful. At 4 P. M., we passed a picturesque-looking mass of horizontal sandstone, extending with some interruptions for about a mile, distant probably about forty miles from the portage ; and at half-past five, observing a comfortable place, near to an ancient abandoned Indian village [now HISTORY OF DANE COUNTY. 387 Prairie du Sac, in Sauk County], I made, to the great joy of the men, the signal for landing. Whilst they were pitching my tent, I attempted to walk to an elevated ridge that appeared not very far from us, to get a look at the country, but I found it excessively fatiguing ; the distance was greater than I supposed ; the wild grass was wet, and often up to my chin ; night was coming on. I was alone and unarmed, and when I reached the foot of the ridge, and looked at the ascent, I began to think the wisest thing I could do was to return without delay, and I did return, but bedraggled in a most extraordinary manner. After regaling myself with dry clothes, a comfortable repast and a lounge at the cheerful fire, I shut myself in the tent for the night. My rest was a good deal disturbed by the mosquitoes, which had taken possession of the tent ; and, although I was up early, we could not start for a dense fog that was upon the river. I therefore amused myself with looking at the deserted wigwams near us. They were formed with nine poles, about twelve feet high, fixed into the ground in a circle, about two feet apart from each other, and their tops bent to a point and fastened together.' These poles were strengthened with others interwoven round them, and the whole covered with birch bark. An Indian house of this kind costs but very little labor, and with a small fire in the middle is comfortable in the coldest weather, the smoke escaping through a hole where the poles meet. The fog began to clear away at 7 A. M., and we resumed our voyage.* II.— By Alexandee F. Pratt. [In the month of February, 1837, the writer of the following, in company with Augustus Story, started on a tour to the mining regions. Passing through Prairie Village, now Waukesha, they proceeded by the way of Fort Atkinson to the Yahara River, near the present site of Dun- kirk. Here they encamped, building a fire, which they kept up till morning, on account of the wolves, which watched them closely. The next morning they proceeded up the stream, knowing that it would lead them to the Fourth Lake, as it was then called, where there were several wig- wams, and where they could obtain something to eat, even if it were not of the choicest kind.] At about noon we reached the First Lake [Kegonsa,] and, seeing moccasin tracks in the snow, we followed them for a short distance to a wigwam, but found it tenantless. After search- ing it from top to bottom, we found a few cold roasted potatoes, which we (after having fasted for twenty-four hours) relished well. We remained in this wigwam an hour or two, and then passed on to the point where Madison is now located. At that time, neither the ax nor " the shovel and the hoe " had been hung up or laid down in that vicinity. It was nearly sundown when we crossed the Third Lake [Monona]. After traveling over the first eminence — where the State House now stands — we struck a ravine (between Capitol Square and the present site of the Uni- versity), where we made a halt, struck up a fire, and encamped for the night, without even making any inquiry about supper. The cold potatoes which we ate at noon supplied the place of breakfast, dinner and supper. The weather had rnoderated a little, which, together with the hardships of the journey and our extreme fatigue, caused us to sleep quite comfortably during the night. The next morning we crossed Fourth Lake [Mendota], a distance of about four miles, where we saw a small log cabin, which was the first building of the kind we had seen since leaving Fort Atkinson. We knocked at the door, but all was silent. We were both cold and hungry, and the sight of a cabin was some relief. We did not wait for ceremony, but bolted in, where we found a squaw and some four or five papooses. We spoke to her in the Pottawat- omie language, but she made no reply. We were soon satisfied that she did not understand us. We then made all the signs that our Indian education or ingenuity would admit of, to show her that we were hungry ; but all in vain. We expected that her husband would soon come in £^nd kick us out of doors, without waiting for an explanatiou, and were at a loss what to do. A white wan [St. Cyr], however, soon came in, spoke to us in good English, and seemed glad to see us. He in formed us that he was a Canadian, that the squaw was his wife, and that the children were •From " A Canoe Voyage up the Minnay Sotor." By G. W, reatherstonhaugh. Vol. I., pp. 193-196. 388 HISTORY OF DANE COUNTY. also his. The squaw belonged to the Winnebago tribe, and spoke a different language from the other Indians in the vicinity. He had been an Indian trader there for years. The lands which he had cultivated had been sold [entered] without his knowledge ; for, in fact, he took no interest in anything except trading in furs, etc. His wife, on being made acquainted with our wants, flew around and prepared for us a supper. It was a kind of pot-pie, which we relished very well. After finishing our meal we in- quired what kind of meat we had eaten, and were informed that it was musk-rat. We remained there till morning, and then left for the Blue Mounds. III.— By G. W. Teatheestonhaugh. May 28, 1837. — Having finished our investigations in the course of the day, I began to pack up my fossils and minerals, preparatory to an excursion to Tycoberah [the Pour Lakes]. A more melancholy and dreary place than this Mineral Point I never expect to see again. We had not tasted a morsel of fresh meat, or fish, or vegetables, since we had been here. There was not a vestige of a garden in the place, and the population seemed quietly to have resigned itself to an everlasting and unvarying diet of coffee, rice, treacle and bread and salt butter, morning, noon and night, without any other variety than that of occasionally getting a different cup and saucer. May 29. — Having engaged a wagon, we took our places in it very early, and I turned my back, not unreluctantly, upon our late quarters, leaving my luggage to keep company with the asafcetida until my return. We were now bound to Tycoberah, and to those prairies and lakes whose beauty had been so much extolled to me. Madison City, too, was an attraction before us ; in truth, we had been so wretchedly oif at oilr apothecary's that we were convinced any change would be much for the better, and were ardently longing to see new faces in the shape of potatoes, freSh fish and meat. As to architectural expectations, I was cautious enougfi, in consequence of my late experience, not to entertain any very exalted ones, and therefore limited my anticipations to the larder of the best tavern of .themetropolis of the Territory, where it was clear there must be something better than treacle and asafcetida. About five miles from Mineral Point we called upon the Governor, Gen. Dodge, at a quiet cabin he had built for himself in a small, secluded valley, tolerably well wooded, and spent half an hour with him. This gentleman, at that time the chief magistrate of the Territory, was said to be a perfect West- ern character. I had seen him on horseback in the streets of Mineral Point, and was struck ,with the appearance of his accouterments, having, although dressed in plain clothes, immense horse-pistols staring out of his holsters. He had been brought up on the frontiers, and since his manhood had been rather notorious for his desperate feuds with various individuals, many of whom still surviving, he always went armed, the invariable practice of bloods of his caliber being to fire immediately at any hostile approach. On taking our leave of His Excellency, we passed some " diggings," with a few miserable huts erected near them, dignified with the name of Dodgeville. From hence we pursued our way across a rolling prairie, covered with charming wild flowers, and then came to some woodland, where the country became somewhat hilly. Here, at noon, we were met by my acquaintance, Mr. Messersmith, who was on the lookout for us, and who conducted us to his farm-house, situ- ated at the bottom of a little wooded dell, near a copious spring of delicious, clear water. We were received in the kjindest manner by his family, and, after partaking of a homely repast, served to us with unceasing kindness, we set out on a long ramble to visit Ms diggings, which appeared to be very productive. On our return to the farm we were surprised by a hurricane and a heavy storm, accompanied with torrents of rain, in which we had to walk about four miles, drenched through and through. We were glad to get back to our host's cabin and repair our misfortune as well as we could at a rousing wood fire. Mrs. Messersmith then gave us a cup of coffee, and we lay down whilst our clothes were taken care of by the good lady. May 30. — At the dawn of day I rose, and, finding my clothes comfortably dried, dressed, and went to the beautiful spring, where having made my ablutions, I took a stroll before HISTORY OF DANE COUNTY. 389 breakfast, and; having taken our cup of coffee and thanked our friends for their very hospitable reception, wn again got into our wagon and drove sixteen miles over the prairie to the Blue Mounds, two considerable elevations of rock, consisting of a siliciOus hornstone, resembling that which I had seen in 1834, in the lead district of Missouri. The Galena procured in this neigh- borhood is so very white and brittle, and contains such a superabundance of sulphur, that, upon breaking many of the cubes, I generally found crystals of pure sulphur within. We here found an old bachelor, named [Bbenezer] Brigham, living in a log hut at this solitary place, following , as everybody does in this Territory, the occupation of a miner. He gave us a couple of hard- boiled eggs and some stale bread, and charged us about ten times what they were worth for them. Pursuing our journey at 1 P. M., we passed the military road leading to Fort Winnebago and Navarino [Green Bay], and soon afterward got into one of the most exquisitely beautiful regions I have ever seen in any part of the world. The prairie, that had hitherto been distin- guished by a regular rolling surface, here changed its character and took the form of ridges, somewhat elevated, which frequently resolved themselves into masses of gracefully rounded hills, separated by gentle depressions, that occasionally become deepened valleys. In these, some of the heads of a stream called Sugar River, a tributary of Rock River, took their rise. In whatever direc- tion our eyes were turned, the most pleasing irregularities of surface presented themselves. But that which crowned the perfection of the view, and imparted an indescribable charm to the whole scene from the knoll where w« stood to the most distant point where the alternate hills and vales blended with the horizon, was the inimitable grace with which the picturesque clumps of trees that sometimes enlarged themselves into woods, embellished this rural landscape from the hand of nature. Here a thick grove hanging upon the slope of a hill, distinguished by its symmetry from its numerous companions impended over the amenity of the valley beneath ; whilst further on, a more robust line of dense foliage betrayed the ample volume of some pellucid stream whence it was nourished. Turn where we would, every object within the ample range concurred to cherish and to establish more indelibly the pleasing impression caused by the whole ; whilst the soft- ness of these attractions contrasted here and there so strikingly with the noble rock escarpments peering out from the bluflfs, that nature might be said to speak to you in a voice that must be hstened to, and to tell you that she had here surpassed the most polished eiforts of English park scenery, the most difficult of all her achievements. America will justly boast of this unrivaled spectacle when it becomes known, for certainly it is formed of elements that no magic could enable all Europe to bring together upon so great a scale. The aspect of this lovely country at once accounted for so great a population flocking to the lakes, on whose enchanting banks those cities were founded of which we had heard so much, and to which we were now advancing. Four noble lakes; in the center of a region of such unrivaled beauty, must constitute perfection itself. Our expectations were exceedingly raised. Every moment produced a new excitement:' the occasional glimpse of the shy deer, with their ele- gant fawns, and the more frequent flushing of the prairie-hen from her nest, gave animation to the still beauty around us. Enraptured with all I saw, I could not but occasionally reflect on the oddity of seven large cities, each capable of containing a population of half a million of peo- ple, having congregated so close together. There was Madison City, which was the metropolis ; Emjacent to this was the City of the Fopr Lakes; a short distance beyond this was the city of North Madison. Close upon this again was the city of East Madison. Then there was the city of West Madison, the city of South Madison, and finally the City of the First Lake. Of each of th^e I had a beautifully engraved plan, with all its squares, streets, institutions and temples. Having stopped to make a sketch of some ancient earthworks, the first of the kind I had ever seen, we hastened on, as the day was drawing to a close, and we had yet some distance to go to Madison City. For some time, I had kept a good lookout for some of the enterprising tamers, who must have come from great distances to this fertile country, and was rather sur- prised that we should hitherto have met with no one. We had not passed a single farm, and con- cluded that, being an Indian country, the settlers had clustered round the great city we were 390 HISTORY OF DANE COUNTS. bound to, and had established themselves near that lake, where the best fish abounded. Fresh fish ! prodigious varieties ! cat-fish, pike, pickerel, salmon, trout, buflfalo, perch ! What antici- pations for men who had for so many days been bolting pieces of tough fat bacon, cured 1,000 miles off ! At length we came to a belt of open trees, and, passing through it, we reached the flat, marshy shores of the largest of the four lakes ; we could see almost entirely around it, and much did we look ; but, alas ! no vestige of human dwelling was in sight. This considerably changed the current of our thoughts and materially impaired the beauty of the prospect. Not being disposed to express all we felt, we reluctantly took to the woods again, along the margin of the lake, in the hope to stumble on some one or other. Night was gradually drawing her vail over everything, and it became rather doubtful whether we should not have — in the language of backwoodsmen — to camp out. Keeping, therefore, all my visions of fried fish in the background for awhile, I felt for my box of matches, and, finding it safe, turned my attention — as old Indian travelers always do — to the next best thing, a rousing fire to lie down by. Black clouds were forming in the horizon ; we had been drenched thoroughly the day before, and it became pretty certain there would be another storm. Groping our way, and occasionally jolting over the fallen trees, we, at the end of an hour and a half, got to the shore of the Third Lake, having somehow or other missed the Second Lake, where Madison City was supposed to be. We now changed our course again, and, keeping to the northwest, and meandering, and wondering and shouting for my companion, who had got out of the wagon to follow a small trail he thought he had discovered, I at length gave up the attempt to proceed any further, and, selecting a dry tree as a proper place to bivouac near, had already stopped the wagon, when, hearing my companion's voice shouting for me in a tone that augured something new to be in the wind, I pushed on in that direction, and at length found him standing at the door of a hastily patched-up log hut, consisting of one room about twelve feet square.* This was Madison- City, and, humble as it was, it concentrated within itself all the urban importance of the seven cities we had come so far to admire, and to which, according to our engraved plans, Nineveh of old, Thebes, with its hundred gates, and Persepolis, were but baby- houses. Not another dwelling was there in the whole country, and this wretched contrivance had only been put up within the last four weeks. Having secured our horses, we entered the grand and principal entrance to the city, against the top of which my head got a severef blow, it not being more than five feet high from the ground. The room was lumbered up with barrels, boxes and all manner of things. Amongst other things was a bustling little woman, about as high as the door, with an astounding high cap on, called Mrs. [Rosaline] Peck. No male Peck was on the ground. f My first inquiry was, whether she had any fresh fish in the house. The answer was " No !" Inflexible and unwelcome word. No fresh fish ! no large, delicious catfish, of twenty pounds' weight, to be fried with pork, and placed before the voracious traveler in quantities sufficient to calm those apprehensions that so often arise in Indian lands, of there not being enough for him to eat until he falls fast asleep. " Why, then," exclaimed my alarmed companion, "what's to be done ?" " I calculate I've got some salt pork,"§ rejoined our little hostess. " Then, madam, you must fry it without the fish," I replied. So to the old business we went, of bolting square pieces of fat pork, an amusement I had so often indulged in, that I sometimes felt as if I ought to be ashamed to look a live pig in the face. Our landlady, however, was a very active and obliging person ; she said she would make us as comfortable as it was possible for her to do, and " she guessed " she had a little coifee. and would make us a cup of it. Whether it was acorns, or what it was, puzzled me not a little ; it certainly deserved to be thought tincture of myrrh, ♦The building (tliat part that was then being used, the other two not yet completed) was 18x24. — W. H. C. Twenty-four feet long and eighteen or twenty wide, wherein we used to dance cotillons, three sets at the same time. — Eosalise Peck. fA door of common height and well constructed.^ W. H. C. ,^ ,l. Why, at that time, A. A. Bird, tall as he was, needed only to make a very polite bow when crossing our threshold, to. call "*y '° wherewith to renew the inner man. But, recollect, this wag one of the kitchen doors, opening afterward into a dining-room ; there were tare other outside doors to the buildings.— R. P. JMy husband and little son were both present. I cannot be mistaken ; as we had but two arrivals previous, I well recollect ever.v par- ticular.— E. P. gHe accuses me of using the term " calculate ;" that is generally used by Hoosiers, and surely I am not one. — E. P. HISTOKY OF DANE COUNTY. 391 and as we drank and grimaced, dear Mrs. Peck, in her sweetest manner, expressed her regret that she had no other sugar for our coflFee, they having, " somehow or other, not brought any with them."* Whilst we were at this repast, the thunder-storm broke over us, and a deluge of rain came down, streaming through the roof in various places. In the midst of the confusion, two other vagabonds came in ; one of them a ruffian-looking fellow, who said he was a miner, on his way across the Indian country from Milwaukee ; the other, a stupid, boorish, dirty-looking animal, said he had not tasted anything for two days, having lost his way on the prairie ; and, having been overtaken the preceding night by a very heavy rain, whilst making his way up a coulee or vale, had been afraid to lie on the ground, and had passed the whole night sitting on a fallen tree. Fortunately, there was pork enough for us all, and when our landlady had put the frying- pan to bed, she did the same to us by the act of blowing the candle out. Where she stowed herself was her own secret. Choosing a place between two barrels, I lay down,"}" and drew my cloak over me ; of sleep there was very little to be had, for it rained in torrents almost the whole night, and, not having pitched my camp skillfully, it poured upon me from the unfinished roof as I lay stretched upon the floor,J not daring to move in the dark lest I should pull some of the articles of Mrs. Peck's museum upon me, or break some of her crockery. May 31. — With the first ray of light, I jumped up from my uncomfortable berth, and having procured some dry clothes from my carpet-bag, strode over the two hang-gallows-looking fellows that were snoring near me, and gained the door. The illusion was now dissipated, and I had completely awoke from my dream of the Seven Cities, wondering how I could have ever thought it possible to have so deceived myself. Smart as I knew these Western Americans were, I had not thought them so systematically and callously fraudulent as to cause engravings to be made of cities, with all their concomitant appendages, in countries where not a human being was to be found, and where not a single tree was cut down ; and this for the purpose of robbing their own countrymen. To rob strangers might, from the predjudice of education, be considered even meritorious ; but to rob their own countrymen so remorselessly argued an absence of principle 80 universal and total, that I do not know where it is to be paralleled in history. The all-absorbing passion for money, which the absence of those moral distinctions that so much protect society from it in Europe, has established in the American mind, has, with this class of men, obliterated every sense of that feeling that naturally inclines men to obey the divine injunction of " doing unto others as ye would they should do unto you." If a smart man cheats any one, no part of the disgrace of knavery falls upon him ; and if one smart man cheats another smart man, he receives the most unbounded admiration ; so that these smart fellows, having no motive whatever to be commonly honest, at last become callous and forget even the nature of justice, living only to carry out their own base and selfish maneuvers. The vender of cities, took no particular pains to conceal from me the atrocious nature of the occupations he had followed, and was hardy enough, in an argument with me, to attempt to justify his practices. " Men," said he, "that keep a bright lookout are never taken in; it is only fools that take themselves in, and they are of no account." It is fearful to reflect what will be the condition of society here when honesty retires alto- gether from the field of action, and leaves fraud, smartly perpetrated, to be the principal feature m^all transactions; how much is to be apprehended from the future, when the generations of born wi'th hw'*"* ^'* °°' ''"°" ''•'«'*'«■' "le coffee was made of acoros or tincture of myrrh, ttod he grimaced. I think he must have h^en maii» na? ' . "^ ^Ty, or been very much tronblcd with worms or gout, or perhaps reflections continually flitted across his memory of the continual ■'"* ''°?'°^''* *" ''"' •>**" accustomed to swallow, so that he could not avoid drawing his fS,ce askew, and of course kept it in a there waa f "^'*'^'^ ' S?^ there was a perfect sameness on his countenance whilst he remained there, unless my memory is very treacherous. If its fixtim. A °i"* thing I took a pride in, it was in making good coffee ; and it is the first and only complaint that I ever heard of our table or ojp.llm,t ;„« 1 °T' "' 'ho.oW settlers of Madison in regard to this subject. [Simeon Mills testifies to the fact that Mrs. Peck did make most »..ouuiii conee.J True, we had no cream, as our cow was left at Blue Mounds, until grass started.— K. P. eood enonirt. r Z "'"' """'^ Pounds of fresh geese feathers, laid on a good backwoods bedstead, with plenty of clean bedding, was not Iqiiire Sevmm '' "'JM'T, then he ought to have carried his accommodations, with blanket on his back, as many a better man has done, nuljllc .B„«™ii P'"^"""'.'! 'te same bed when we left Madison ; if he owns it yet, I presume he will permit our Historical Society and the fuuiio fonerally to examme it for their own satisfnction.— R. P. trouWeS with' 11.' "J"'"!^ through the roof into his face, it's aU gas. I guarantee that not one drop of moisture touched it, unless he was seen.— R. p Bi«u«srs, for I stood in the doorway watching flights of pigeons until late in the evening, and no clouds were to be 392 HISTORY OF DANE COUNTY. men that will have no good examples before their eyes, may abandon even the intention to be respectable. Having now fully made up my mind that I was in an Indian country as wild and unsettled as any I had yet visited, I hastened to the shore of the lake to espy what truly turned out to be the nakedness of the land, not a vestige of any human being or habitation to be discerned. Rambling, however, along the lake shore, picking up unios and anadontas, I came upon a wig- wam, inhabited by a squaw of the Winnebago tribe, and learned from her that her mate was a French Canadian, and was fishing from a canoe a little lower down. Thither I hied, and having found him, engaged him, with the assistance of his squaw, to procure us a mess of sua- fish. This being accomplished, I sent them to Mrs. Peck, and, following my messenger to Madison City, requested her to prepare them for our breakfast. No time was lost in doing this, and we made a very hearty meal without putting her to the trouble of preparing us any coffee. Sallying out again, I walked across a tongue of land which separated this [Lake Monona] from he Fourth Lake, and soon reached its shore, whence I had a view of an extremely beautiful sheet of water. Advancing along, I found more signs of humanity. Two men were cutting some poles down ; the one a Canadian, the other a somewhat desperado-looking young American, with cropped hair. Near to the lake, I observed other poles laid aslant upon a fallen tree, forming a sort of shed, and, looking beneath, beheld a youthful Winnebago squaw lying down on a filthy blanket, thoroughly drenched with the rain of the preceding night. She was pursy and immensely fat, but had some good features. Near to her was a bower of similar character, containing an elderly squaw, with only one eye, as hideously wrinkled and frowsy as she could well be. Whilst I was standing near to these creatures, the men came up, and I soon saw that the young American was the cavaliero of the fat squaw, and that the couch where she was lying was their bower of bliss. This fellow, having a canoe, agreed, for a dollar, to take me out upon the lake, and down a channel [the Yahara] that connects the Fourth [Lake Mendota] with the Third Lake [Lake Monona], and thence to Madison City. Accordingly, getting into a badly constructed log canoe with his fat beauty, we paddled off. After visiting various parts of the lake, and being more than once nearly upset from the awkward management of this youth, at whom the squaw laughed heartily, we entered the chan- nel which connects the two lakes. It was about three miles and a half long and about forty feet in breadth, and we found the current so very strong at the entrance that we shot down it with great rapidity, the shores on each side being, for the greatest part of the distance, a swamp very little- raised above the level of the stream. At length we came to a piece of ground where a part of the band of Winnebagoes had their wigwams. Three horrible-looking, frowsy she-savagej were eviscerating fish, which they were curing by fire on some stakes. " Their matted, coarse black locks stood, out at right angles, like the strands of a mop when it is twirled ; scarcely any- thing was to be discerned in their lineaments that was human, and more loathsome and disgust- ing objects I never beheld. Everything about the wigwams was in keeping with their revolting and odious persons ; ordure and dead fish in the last stage of corruption made a perfect pesti- lence around, amidst which they moved in the most contented and philosophic manner. Alecto, Megpera and Tisiphone, the far-famed furies, must have been beauties compared to these hags. I just stayed long enough to purchase from them a fine alligator gar {Esox ossem) for the sake of its skeleton, and then came away. Just as we were starting, one of these she-devils, wanting to visit the one-eyed squaw we had left behind, strode into our canoe, and a pretty inside pas- senger we had of her. The canoe itself was a wretched, tottering affair, imperfectly hollowed out of a small log, and wabbled about in such a doubtful manner that we had been several times near upsetting in crossing the lake. In this " dug-out " — for that is the expressive name they go by — I had taken my seat on the bottom near the prow, with my face toward the stern, hold- ing the sides with my hands ; thus situated, this she-monster, clapping herself immediately in front of me, and seizing a paddle, of which she seemed a perfect mistress, most vigorously began to ply it. At first I was amused by her motions, but, alas ! my satisfaction was of short dura- HISTORY OF DANE COUNTY. 393 tion for, warming with the exercise, every time she raised her brawny fins to propel the canoe, she at each stroke almost bobbed a particular part of her person into contact with my nose, when such lots of unknown odors came from her that I soon became wretchedly sick at my stomach, and was delighted when we arrived at dear little Mrs. Peck's paradise. These Howchungerahs, or Winnebagoes, well deserve the name of "Puants," which the first French adventurers gave them. Establishing themselves where fish is plentiful, they never change the site of their wigwams, at the entrances to which they throw down the entrails and offal of their fish. They have thus become notorious amongst the other Indians for the filthy exist- ence they lead. I learned from our hostess that the young Adonis, in whose canoe I had been, had deserted from the American garrison of Fort Winnebago, had been apprehended, flogged, his head shaved, and then drummed out of the fort to choose his own mode of life. He had wan- dered about until he fell in with this band of Indians, and, rejected by his own race, had found refuge and a mistress amongst the savages. As soon as we had taken a good reconnoisance of the country around, and packed up the unios' and other fresh-water shells. I had collected, we bade adieu to the little inhabitant of Mad- ison City and turned our faces to the prairie again. It had been part of my plan to strike across the country to a branch of Rock River, being desirous of examining the remains of an ancient city which I had heard a great deal about, and to which the name of Aztalan had been given. This had been described as of large dimensions, having archway's and casements made with brick and mortar, as if a city had, iir ancient times, existed here, built of cal-y-canto, like those which Cortez found when he advanced into Mexico. But, having spoken with various Indians well acquainted with the country, who declared they had never seen or heard of anything of the kind, or, indeed, anything but some mounds near the supposed locality, and, considering the small success I had had in my researches after modern cities, I gave up my intention of looking up this ancient one. It would have taken us at least two days to reach the mounds, and, being without a guide in a region where there was neither road nor inhabitants betwixt the lakes and them, we inclined more willingly to the supposition that it was quite as likely that the whole affair was a poetical speculation got up to establish a modern Thebes upon the ruins oflhe older one, for the purpose of selling the lots ; an ingenious device, of which we soon had a curious and instructive instance.* • Trom " A Oanoe Voyage up the Minnay Sotor." By G. W. Fatherstonhaugh. Vol. 2, pp. S4-104. 394 HISTORY OF DANE COUNTY. OHAPTEE V. United States Road from Milwaukee through Dane County— Pioneer Life— Dane County ON Early Mapis— Organization— A Brief History of the County— Record of the County Board for 1839— County Board from 1840 to 1880— Present Boundaries of the County— Census in 1842— The First Sermon in Dane County— A Dark Deed. UNITED states ROAD FROM MILWAUKEE THROUGH DANE COUNTY. Under an appropriation made by Congress, a road from Milwaukee by way of Madison to a point on the Mississippi River opposite Dubuque, was commenced in 1838. Capt. T. J. Cram reports, September 1, 1889, concerning this road, as follows : " This road was located during the last autumn and winter as far as to Madison, a distance of seventy-nine miles. The road has been cut and cleared as far as located, where the timber needed it, and log causeways and bridges constructed, so that wagons with very light loads' maj now reach Madison on this route. The whole appropriation, amounting to $10,000, has been expended between Milwaukee and Madison, and to complete the road between these two towns in a manner to meet the wants of the inhabitants along the line and of Milwaukee and Madison, an additional appropriation of $5,000 would be required. This sum, although inadequate to the cons|;ruction of a durable road, would nevertheless leave it in such a condition that the inhab- itants settled along on the line of the road might keep it in repair between Milwaukee and Rook River. Between that river and Madison there are few, if any, settlers, and the ground is wet and unfavorable for a road, and the land is not so well adapted to farming purposes as to induce the belief that it will be settled for some years to come. Between Madison and the Mississippi, natitre has done so much toward providing for a good road that an expenditure of about $10,000 in bridging the streams, ditching and grading, would be suflBcient, making an additional sum of $15,000 necessary to be appropriated to complete the construction of the road through from Lake Michigan to the Mississippi River." PIONEER LIFE. Records 6f the olden time are interesting, and they are not without their lessons of instruc- tion. By the light of 'the past we follow in the footprints of the adventurous and enterprising pioneer. We see him, as it were, amid the labors and struggles necessary to convert the wil- derness into a fruitful field. We sit by his cabin fire, partaking of his homely and cheer- fully granted fare, and listen to the accounts which he is pleased to give us of frontier life, and of the dangers, trials, hardships and sufferings of himself and others in their efforts to make for themselves homes in regions remote from civilization, and unexplored hitherto, save by wandering Indians and wild beasts. Through these ancient records we make our way along to the present. From small beginnings we come to the mighty achievements of industry, the complex results of daring entef prise, subduing and creative energy, and untiring perse- verance. Following on in the path of progress and improvement, we see once waste places rejoicing under the kindly care of the husbandman ; beautiful farms, with all the fixtures and appur- tenances necessary to make the tillers of the soil and their families contented and happy, are spread out before us ; villages and cities have arisen as if by magic, and hundreds, thou- sands and tens of thousands of human souls are congregated within their precincts ; the marts oi trade and trafiic, and the workshop of the artisan are thronged ; common schools, academies and colleges have sprung up ; young and ardent minds — children of the rich and poor-^ ' HISTORY OF DANE COUNTY. 395 may press forward together in the acquisition of science ; churches are built, and a Christian ministry is sustained for the inculcation of religious sentiments and the promotion of piety, virtue and moral goodness ; the press is established, whence floods of light and glory may emanate for the instruction and benefit of all ; railroads are built to bring the products of every clime and the people from afar to our doors ; and the telegraph, " upon the lightning's wing," carries messages far and near. Let the records of the olden time be preserved; in after years, our children, and our children's children, will look over them with pleasure and profit. The first important business of the pioneer settler, upon his arrival in Dane County, was to build a house. Until this was done, he had to camp on the ground or live in his wagon — perhaps the only shelter he had known for weeks. So the prospect for a house, which was also to be a home, was one that gave courage to the rough toil, and added a zest to the heavy labors. The style of a home entered very little into his thoughts — it was shelter he wanted, and protec- tion from stress of weather and wearing exposures. The poor settler had neither the money nor the mechanical appliances for building himself a house. He was content, in most instances, to have a mere cabin or hut. Some of the most primitive constructions of this kind were half- faced, or, as they were sometimes called, "cat-faced," sheds or " wike-ups," the Indian term for house or tent. It is true, a " claim " cabin was a little more in the shape of a human habi- tation,, made, as it was, of round logs, light enough for two or three men to lay up, about four- teen feet square — perhaps a little larger or smaller — roofed with bark or clapboards, and floored with puncheons (logs split once in two, and the flat side laid up), or with earth. For a fire-place, a wall of stones and earth — frequently the latter only, when stone was not convenient — was made, in the best practicable shape for the purpose, in an opening in one- end of the building, extending outward, and planked on the outside by bolts of wood notched together to stay it. Frequently, a fire-place of this kind was made so capacious as to occupy nearly the whole width of the house. In cold weather, when a great deal of fuel was needed to keep the atmosphere above freezing point — for this wide-mouth fire-place was a huge ventilator — large logs were piled into this yawning space. To protect the crumbling back- wall against the effects of fire, two back-logs were placed against it, one upon the other. Sometimes these were so large that they could not be got in in any other way than to hitch a horse to them. The animal was driven in at the door, when the log was unfastened before the fire-place. It was afterward put in proper position. The horse would be driven out at another door. For a chimney, any contrivance that would convey the smoke out of the building would do. Some were made of sods, plastered upon the inside with clay ; others, the more common per- haps, were of the kind we occasionally see in use now, clay and sticks, or " cat in clay," as they w'ere sometimes called. Imagine, of a winter's night, when the storm was having its own wild way over this almost uninhabited land, and when the wind was roaring like a cataract of cold over the broad wilderness, and the settler had to do his best to keep warm, what a royal fire this double back-log and well-filled fire-place would hold ! It was a cozy place to smoke, provided the settler had any tobacco ; or for the wife to sit knitting before, provided she had any needles and yarn. At any rate, it gave something of cheer to the conversation, which very likely was upon the home and friends they had left behind when they started out on this bold venture of seeking fortunes in a new land. For doors and windows, the most simple contrivances that would serve the purposes were brought into requisition. The door was not always immediately provided with a shutter, and a blanket often did duty in guarding the entrance. But, as soon as convenient, some boards were split and put together, hung upon wooden hinges, and held shut by a wooden pin inserted inan auger-hole. As a substitute for window-glass, greased paper, pasted over sticks crossed in the shape of sash was sometimes used. This admitted the light and excluded the air, but, of course, lacked transparency. In regard to the furniture of such a cabin, it varied in proportion to the ingenuity of the occupants, unless it was where settlers brought with them their old household supply, which, 396 HISTORY OF DANE COUNTY. owing to the distance most of them had come, was very seldom. It was easy enough to impro- vise tables and chairs ; the former could be made of split logs — and there were instances where the door would be taken from its hinges and used at meals, after which it would be rehung and the latter was designed after the three-legged stool pattern, or benches served their purposes. A bedstead was a very important item in the domestic comfort of the family, and this was the fashion of improvising them: A forked stick was driven into tbe ground diagonally from the corner of the room, and at proper distance, upon which poles reaching from each were laid. The wall ends of the pole either rested in the openings between the logs, or were driven into auger-holes. Barks or boards were used as a substitute for cords. Upon this the tidy house-wife spread her straw tick, and, if she had a home-made feather-bed, she piled it up into a luxurious mound, and covered it with her whitest drapery. Some sheets hung behind it for tapestry added to the coziness of the resting-place. The house thus far along, it was left to the deft devices of the wife to complete its comforts and the father of the family was free to superintend out-of-door affairs. If it was in season, his first important duty was to prepare some ground for planting, and to plant what he could. The first year's farming consisted mainly of a " truck patch," planted in corn, potatoes, turnips and other vegetables. Generally, the first year's crop fell far short of supplying even the most rigid economy of food. Many of the settlers brought with them small stores of such things as seemed indispensable to frugal living, such as flour, bacon, coffee and tea. But these supplies were not inexhaustible, and once used were not easily replaced. A long winter must come and go before another crop could be raised. If game was plentiful it helped to eke out their limited supplies. But eVen when corn was plentiful, the preparation of it was the next difficulty in the way. The mills for grinding it were usually at such long distances that every other device was resorted ' to for reducing it to meal. Some grated it upon an implement made by punching small holes through a piece of tin or sheet-iron, and fastening it upon a board in concave shape, with the rough side out. Upon this the ear was rubbed to produce the meal. But the grating could not be done when the corn became so dry as to shell off when rubbed. Some used a coffee-mill for grinding it ; and a very common substitute for bread was hominy — a palatable and wholesome diet — made by boiling corn in a weak lye till the hull or bran peeled off, after which it was well washed to cleanse it of the lye. It was then boiled again to soften it, when it was ready for use, as occasion required, by frying and seasoning it to the taste. Another mode of preparing hominy was by pestling. A mortar was made by burning a bowl-shaped cavity in the end of an upright block of wood. After thoroughly cleaning it of the charcoal, the corn would be put in, hot water turned upon it, when it was subjected to a severe pestling by a club of suflScient length and thickness, in the large end of which was inserted an iron wedge, banded to keep it there. The hot water would soften the corn and loosen the hull, while the pestle would crush it. When breadstuffs were needed, they had to be obtained from long distances. Owing to the lack of proper means for thrashing and cleaning wheat, it was more or less mixed with foreign substances, such as smut, dirt and oats. And as the time may come when the settler's methods of thrashing and cleaning may be forgotten, it may be well to preserve a brief account of them here. The plan was to clean off a space of ground of sufficient size, and, if the earth was dry, to dampen it, and beat it to render it somewhat compact. Then the sheaves wete unbound and spread in a circle, so that the heads would be uppermost, leaving room in the center for the person whose business it was to turn and stir the straw in the process of thrashing. Then as many horses or oxen were brought as could conveniently swing around the circle, and these were kept moving until the wheat was well trodden out. After several " floorings " or layers were thrashed, the straw was carefully raked off and the wheat shoveled into a heap to be cleaned. This cleaning was sometimes done by waving a sheet up and down to fan out the chaff as the grain was dropped before it ; but this trouble was frequently obviated when the stong winds of autumn were all that was needed to blow out the chaff from the grain. This mode of preparing the grain for flouring was so imperfect that it is not to be wondered at that a considerable amount of black soil got ^YU^cUjLt^ Jy~rn.'>^^jJ^LL MAD ISON HISTORY OF DANE COUNTY. 399 mixed with it, and unavoidably got into the bread. This, with an addition of smut, often rendered it so dark that it had less the appearance of bread than of mud ; yet upon such diet the people were compelled to subsist for want of a better. Not the least among the pioneers' tribulations, daring the first few years of the settlement, was the going to mill. The slow mode of travel by ox teams was made still slower by the almost total absence of roads and bridges, while such a thing as a ferry was hardly even dreajned of. The distance to be traversed was often as far as sixty or ninety miles. In dry weather, common sloughs and creeks offered little impediment to the teamsters ; but during floods and the break- ing-up of winter, they proved exceedingly troublesome and dangerous. To get stuck in a slough, and thus be delayed for many hours, was no uncommon occurrence, and that, too, when time was an item of grave import to the comfort and sometimes even to the lives of the settlers' fami- lies. Often a swollen stream would blockade the way, seeming to threaten destruction to whom- ever would attempt to ford it. With regard to roads, there was nothing of the kind worthy of the name. Indian trails were common, but they were unfit to travel on with vehicles. They were mere paths about two feet wide — all that was required to accommodate the single-file manner of Indian traveling. When the early settlers were compelled to make these long and diflScult trips to mill, if the country was prairie over which they passed, they found it comparatively easy to do in summer when grass was plentiful. By traveling until night, and then camping out to feed the teams, they got along without much difficulty. But in winter such a journey was attended with no little danger. The utmost economy of time was, of course, necessary. When the goal was reached, after a week or more of toilsome travel, with many exposures and risks, and the poor man was impatient to immediately return with the desired staff of life, he was often shocked and disheartened with the information that his turn would come in a week. Then he must look about for some means to pay his expenses, and he was lucky who could find employment by the day or job. Then, when his turn came, he had to be on hand to bolt his own flour, as in those days the bolting machine was not an attached part of the other mill machinery. This done, the anxious soul was ready to endure the trials of a return trip, his heart more or less concerned about the affairs at home. Those milling trips often occupied several weeks, and were attended with an expense, in one way or another, that rendered the cost of the breadstuffs extremely high. If made in the winter, when more or less grain-feed was required for the team, the load would be found to be so considerably reduced on reaching home, that the cost of what was left, adding other expenses, would make their grain reach the high cash figure of from $3 to $5 per bushel. And these trips could not always be made at the most favorable season for traveling. In spring and summer, so much time could hardly be spared from other essential labor ; yet, for a large family, it was almost impossible to avoid making three or four trips during the year. Among other things calculated to annoy and distress the pioneer, was the prevalence of wild beasts of prey, the most numerous and troublesome of which was the wolf. While it was true, in a figurative sense, that it required the utmost care and exertion to "keep the wolf from the door," it was almost as true in a literal sense. There were two species of these animals — the large black timber wolf, and the smaller gray wolf that usually inhabited the prairie. At first, It was next to impossible for a settler to keep small stock of any kind that would serve as a prey to these ravenous beasts. Sheep were not deemed safe property until years after, when their enemies were supposed to be nearly exterminated. Large numbers of 'Wolves were destroyed during the early years of settlement. When they were hungry, which was not uncommon, par- ticularly during the winter, they were too indiscreet for their own safety, and would often approach within easy shot of the settlers' dwellings. At certain seasons "their wild, plaintive yelp or bark could be heard in all directions at all hours of the night, creating intense excitement among the dogs, whose howling would add to the dismal melody. It has been found by experi- ment that but one of the canine species— the hound— has both the fleetness and courage to cope witH his savage cousin, the wolf. Attempts were often made to capture him with the common 400 HISTOEY OF DANE COUNTY. cur, but this animal, as a rule, proved himself wholly unreliable for such a service. So long as the wolf would run the cur would follow ; but the wolf, being apparently acquainted with the character of his pursuer, would either turn and place himself in a combative attitudsj or else act upon the principle that " discretion is the better part of valor," and throw himself upon his back in token of surrender. This strategic performance would make instant peace between these tw6 scions of the same house ; and not infrequently dogs and wolves have been seen play- ing together like puppies. But the hound was never known to recognize a flag of truce ; his baying seeming to signify "no quarter;" or at least, so the terrified wolf understood it. Smaller animals, such as panthers, lynx, wildcats, catamounts and polecats, were also sufficiently numerous to be troublesome. And an exceeding source of annoyance were the swarms of mosquitoes, which aggravated the trials of the settler in the most exasperating degree. Persons have been driven from the labors of the field by their unmerciful assaults. The trials of the pioneer were innumerable, and the cases of actual suffering might fill a volume of no ordinary size. Timid women became brave through combats with real dangers, and patient mothers grew sick at heart with the sight of beloved children failing in health from lack of the commonest necessaries of life. The struggle was not for ease or luxury, but was a constant one for the sustaining means of life itself. DANE COUNTY ON BAELY MAPS. The country of the Four Lakes, all of which was afterward included in Dane County, appears for the first time with any deguee of accuracy upon a map published in 1829, by R. W. Chandler, of Galena, entitled a " Map of the United States Lead Mines, on the Upper Missis- sippi River." The four lakes are represented with a tolerable degree of accuracy, but, as the date of the publication of the map was prior to the survey of the country by the General Gov- ernment, they are not designated by numbers ; indeed, no names are given them. The stream which runs through them (now known as the Yahara) is designated as the Cos ca-ho-e-nah. It is stated that there is " Fine farming land around these lakes." Time has verified this, notwith- standing a writer who visited this region in 1832, declared that the country in which the lakes are situated, " is not fit for any civilized nation of people to inhabit." " It appears," says the writer, "that the Almighty intended it for the children of the forest." Two Indian (Winnebago) villages are indicated on this map as being located in the Four Lakes region — one on the north side of what is now known as Mendota Lake ; the other, on the southeast side of Lake Waubesa. Through the first of these villages runs a "trace" from the Blue Mounds to the portage (Fort Winnebago, now the city of Portage). Through the second, runs a "trace" from Spotted-Arms village to Green Bay. Both these traces or trails lead from the Lead Region in a northeast direction, through what is now Dane County. The trail which led along the north side of Lake Mendota, was the one then traveled by persons going from Prairie du Chien or Cassville to Fort Winnebago. It ran northeasterly through Dodgeville, by the Blue Mounds and Lake Mendota ; thence in a more northerly direc- tion, across Duck Creek, in what is now Columbia County, to the portage. On John Farmer's " Map of the Territories of Michigan and Ouisconsin," published in 1830, the country of the Four Lakes is fairly represented. The publisher evidently drew largely for information from some one acquainted with this region. The name given to the Yah&ra, is Goosh-ke-hawn, or River of the Four Lakes ; the first word having a resemblance to the one heretofore mentioned, Cos-ca-ho-e-nah, the principal change being in the pronunciation of the last part, which, if rapidly enunciated, nearly corresponds with the syllable " hawn." Lake Koshkonong is noted as "The Lake We Live On." This map not only gives the two Winne- bago villages, described on Chandler's map as being located, one on the north side of Lake Mendota, and the other on the southeast side of Lake Waubesa, but also locates a third one, giving its site as on the south side of Lake Monona. HISTORY OF DANE COUNTY. 401 No sooner had a considerable portion of the country south of the Wisconsin and Fox Riv- ers been surveyed by the General Government, than there appeared a " Map of the Surveyed Part of Wisconsin Territory, Compiled from Public Surveys." It accompanied "Reports and Estimates from the Surveyors General for the Year 1836," made to the first session of the Thirty-fourth Congress. In a letter to E. A. Brown, Commissioner of the General Land Office, dated September 21, 1835, Robert T. Lytle, one of the Surveyors General, says : " In the Northwest (or Wisconsin) Territory, there remains to be surveyed only the tract ceded to the United States by the united nation of the Chippewa, Otlawas and Pottawatomie Indians, by treaty of Chicago, of September 26, 1833, embraced in the Green Bay Land District. This tract did not include any portion of what is now Dane County. As the various townships after- ward erected into this county had been surveyed, the representation upon the map of the country of the Four Lakes was much more accurate than upon any preceding one. The Government plats were an excellent guide for the draughtsman. However, as it was about a year subse- quent to this that Dane County was created, of course its boundaries are not indicated on the map. The last map published before the erection of Dane County, was one by David H. Burr, draughtsman to the House of Representatives of the United States. It was entitled '' Map of the Territory of Wisconsin," and was dated 1836. It shows that the territory now constituting Dane County was then in both the Wisconsin and the Milwaukee Land Districts. On the north side of Lake Mendota is located the " City uf the Four Lakes," and there is given the line of a "Proposed Rail Road," extending direct from the mouth of the Wisconsin, east to the " City " just mentioned; thence, in a course nearly due east to Milwaukee. On this map and on the one last above described, the "Battle Ground" is prominently located, where was fought the battle of Wisconsin Heights, between the Americans and Black Hawk's army. On Farmer's " Map of the Territories of Michigan and Ouisconsin," of 1836, the " Four Lakes" are partly in " Milwalky County," and partly in the county of Iowa. It was not, however, until all the lands south of the Wisconsin and Fox Rivers had been surveyed ; not until many new counties, in the beginning of the winter of 1886-37, had been created, that a map was published showing Dane as one of the counties of Wisconsin Territory. This was entitled a " Map of Wiskonsin Territory, Compiled from the Publia Surveys." Now, for the first time, Madison appears upon a Territorial map ;■ and the " City of the Four Lakes " is still in existence — upon paper. The Lakes are numbered as upon the Government plats. The lower one is the "First Lake;" the next one the " Second Lake ;" the one next above, the " Third Lake," and the last one, the "Fourth Lake." A tributary of the latter, upon its north side, is " Tokun River ;" while the stream which connects the Lakes is put down as the " River of the Four Lakes." The small lake to the southw2st of Kegonsa is denominated " Weengra Lake." Since the publication of this map, there has been no lack of accurate delineations of Dane County and the Four Lakes. ORGANIZATION. By an act of the Territorial Legislature, approved March 11, 1839, it was provided that the county of Dane, from and after the first Monday of the succeeding month of May, should be an organized county for all the purposes for which any county in the Territory had been organized. It was provided, also, that the first election should be held on the first Monday of the month last mentioned, at the American Hotel, in Madison, and thereafter the elections were to be holden at such times and places as should be provided by law. The returns of the first election were to be made to the Clerk of the Supreme Court at Madison, who was, in the pres- ence of one or more Justices of the Peace, to canvass the same and certify the result. The term of the District Court, required to be held in the month of April in each year, was not to be holden until the Judge of the district should so order, which order was to be directed to the Sheriff, and by him published at least two months before the time of holding the court; and the Librarian of the Territory was required, on the application of the Board of 402 HISTORY OF DANE COUNTY. Commissioners of the county, to cause to be opened a suitable room in the capitol at Madison, in which the sessions of the District Court should be held until otherwise provided for. The term of office of the Board of Commissioners first elected in the county, was to be de- termined as had already been provided for in the second section of an act, entitled " An act organizing a Board of County Commissioners in each county in this Territory," approved De- cember 20, 1837. At th6 election on the first Monday in May, 1839, as provided by the act of organization, the following county officers were chosen : Eben Peck, Simeon Mills and Jeremiah Lyoan, Commissioners : John Stoner, Treasurer ; Robert L. Ream, . Register of Deeds ; William A. Wheeler, Assessor, and Adam Smith, Constable. The following appointments were made by the Governor for Dane County : John Catlin, District Attorney; Isaac H. Palmer, Judge of Probate; Nathaniel T. Parkinson, Sherifi'; Isaac Atwood, Administrator ; George P. Delaplaine, District Surveyor ; William N. Seymour, Justice of the Peace, vice Eben Peck, resigned; John T. Wilson, Auctioneer. At the first meeting of the Commissioners, held May 15, 1839, Eben Peck was appointed Chairman, and La Fayette Kellogg Clerk. The latter resigned on the 22d of July following, and R. L. Ream was appointed in his place. On May 16, the county Was divided into two election precincts — Madison and Moundville. At the general election, held on the first Monday of August following, a number of county officers was elected. The following " notice " was published several times in the Wisconsin inquirer, the only paper then printed in Dane County : Agreeably to an act of the Territorial Legislature, approved March 7, 1839, the qualified electors of the county of Dane are hereby notified that an election will be opened at the several precincts heretofore established, on the first Monday [5th] of August next, then to choose by ballot one person for Delegate to Congress, one Register of Deeds, one County Treasurer, one Collector, one Coroner, three Assessors, two Constables in the Madison District and one Constable in the Moundville District, which election will be opened at 9 o'clock in the morning and will continue open until 4 o'clock in the afternoon of the same day. Dated at Madison, this 16th day of May, A. D. 1839. (Signed) L. F. Kellogg, Clerk of the Board of County Commissioners, As already mentioned, the county had been divided into two election districts, or precincts. At the one known as the Madison Precinct, the following persons voted at the August election : Berry Haney, A. A. Bird, George A. TiiFany, John Vosburg, George Vroman, William N. Seymour,* Darwin Clark,* W. W. Wyman, W. G. Simonds, Almon Lull, John Catlin, John i. Wilson, Simeon Mills,* Abel Rasdall, W. G. Van Bergen, Ebenezer Brigham, N. T. Park- inson, Charles H. Bird,* Jefierson Kinney, Samuel Chappell, Zenas H. Bird, Reuben Brown, Abram Wood, Lucius Hammond, Prosper B. Bird, Isaac II. Palmer, Eben Peck, Thomas Jack- son, Jonathan Butterfield, Charles 8. Peaslee,* Josiah A. Noonan, R. L. Ream, W. B. Slaughter, George H. Slaughter,* J. Pelkie, Adam Smith,* A. Wakefield, W. A. Wheeler,* W. Hoadley, David Hyer, H. Lawrence, J. S. Potter, George Baker, Oliver Em ell, John Stoner, John i Betts, Henry Fake, N. C. Prentiss, Nelson Hart, Thomas Perry, Isaac Atwood, Hiram Fel- lows, Richard Palmer and Luther Peck. Total, 54 voters. The following county officers were chosen at this election : Collector, Adam Smith ; As- sessors, George Vroman, William N. Seymour and Mahlon Blaker; Treasurer, John Stoner; Register of Deeds, R. L. Ream. This was the first general election held in the Territory which was participated in by Dane as an organized county ; and, as already indicated, a Delegate in Congress was chosen. The choice fell upon James Duane Doty. His opponents were Byron Kilbourn and Thomas P. Bur- nett. The vote in Dane County stood as follows : For Doty, 40 votes ; for Kilbourn, 27 votes; for Burnett, 6 votes. The whole number of votes cast in the county was seventy-three. As there were fifty-four of these cast in the Madison District, it leaves nineteen as the number polled in the Moundville Precinct. Voters at that time were not compelled to vote in the pre- *Stni a resident (October, 1880) of Dane county. HISTORY or DANE COUNTY. 403 cinct where they resided, and this will explain why Ebeijezer Brigham voted in the Madison Precinct, as previously indicated. A BRIEF HISTORY OF THE COUNTY. The first history of the county was the work of J. A. Noonan, and was published in the Wisconsin Enquirer of May 25, 1839, not many days after the county was organized. It was exceedingly brief, and as follows : " The County of Dane was formed in 1836, from the counties of Brown,* Milwaukee and Iowa, and includes Townships 5, 6, 7, 8 and 9, of Ranges 6, 7, 8, 9, 10, 11 and 12 east, making thirty-five townships. A law was passed at the last session of the Legislative Assembly to organize the county, and in pursuance thereof it was organized on the 6th inst., and the first court will be held in October next. Until the spring of 1887, there were but few families in the county, and those few resided at the Blue Mounds. The county now numbers over 300 inhab- itants, a greater part of whom reside at Madison, the county-town and seat of government of the Territory. " The County of Dane very early attracted the attention of speculators. In 1835, Lucius Iiyon, who had surveyed the Four Lake country, and who was well acquainted with the soil, etc., purchased at the land sales for himself and others a considerable portion of valuable lands. It is owing to this reason and no other, that the settlement of the county has been very much retarded. It is, however, at the present time, attracting the attention of the emigrant ; and it is believed that the present season will do much toward settling and improv- ing it. " The county is known as the 'Four Lakes Country,' so called from a chain of lakes which are connected with the Rock and Wisconsin Rivers. These lakes are four beautiful sheets of water, and are stored with fine fish, and plenty of game is found on their banks. The county contains a large portion of rich and valuable lands, principally prairie, but interspersed with groves of timber. The prairies. are very handsome, and are generally of a deep black soil. The timber lands are oak openings, but in the immediate vicinity of the lakes and along their outlet there is a large body of excellent timber, consisting of maple, ash, butternut, walnut, hickory, linn, aspen, etc. The outlet of these lakes, called the Cat Fish, or River of the Four Lakes, empties itself into the Rock River in Town [ship] 4, of Range 12 east, being about twenty miles from Madison. In this stream there is plenty of water. There is also a water-power in the immediate vicinity vicinity of Madison, but none of these as yet have been improved. " This county offers as great inducements to emigrants as any other section in the Territory. Good farms can be obtained at the government price — $1.25 per acre — having timber, prairie and water, and no country exceeds it in health. Madison is the only town of any importance, and has a delightful situation. It contains two stores, three public-houses, three groceries, one steam-mill, and in all thirty- five buildings. During the sessions of the Legislature, Madison afford quite a good market for the surrounding country. Prices the past season have ranged as follows : Corn, per bushel, $1.25 ; oats, 75c. ; potatoes, $1 ; butter, 37J to 62J ; eggs, 37| to 75 cents per dozen ; pork and beef from 7 to 12 cents per pound." RECORD OF THE COUNTY BOARD FOR 1839. There were many matters besides the election and qualification of officers arising under the law, to be attended to in the organization of the county before the machinery of the county government was fully put in motion, and there were several meetings of the County Commissioners during the year 1839, for that purpose. The record of these meetings has an historical significance, and is as follows : tt a meeting of the Board of County Commissioners of Dane County, Wisconsin Terri- .- eld at the Madison. Hotel on the 15th day of May, A. D., 1839. The Commissioners viz., •Brown County ought not to have been included in the list of counties out of which Dane County was formed.— Ed. 404 HISTORY OF DANE COUNTY. Simeon Mills, Eben Peck and Jeremiah Lycan, presented their several certificates of election and ordered the same to be entered on record. Eben Peck, Esq., was appointed Chairman of the Board. LaFayette Kellogg was appointed Clerk of the Board, who appeared and was duly qualified to act as such. The following persons presented their bonds, with security, which, were approved by the Commissioners and filed in the Clerk's office, and the several persons sworn to wit: John Stoner, as County Treasurer ; William A. Wheeler, as Assessor ; Robert L. Ream, as Register of Deeds ; John T. Wilson, as Auctioneer ; Adam Smith, as Constable. Board adjourned until to moiTow morning at 9 o'clock. La Fayette Kellogg, Clerk. Thursday, May 16, 1839. — Board met pursuant to adjournment. The following precincts of election were established for the year 1839, viz., one at Madison, one at Moundville, and the polls of election ordered to be opened at the following places to wit., in Madison, in the Madison Hotel; in Moundville, at the house of Ebenezer Brigham, Esq. The following-named persons were appointed Judges of Election in the two precincts to wit, in the Madison precinct-^Prosper B. Bird, Darwin Clark, Jairus S. Potter. In the MoundviHe pre'cinct^Prescott Brigham, John C. Kellogg, Sidney Carman. Ordered, That $200 be raised on the credit of the county to defray the expenses of books, stationery, etc. Ordered, That the Clerk procure a list of all lands in the county upon which the taxes of last year remain unpaid. Ordered, That the Clerk procure all necessary blanks for the use of the county, at the expense of the county. Board adjourned until meeting in course. L. F. Kellogg, Olerh of the Board of County Oomrnissioners. June 4, 1839. — George P. Delaplaine filed his bond with the Clerk of the Board of County Commissioners as District Surveyor. Nathaniel T. Parkinson filed his bond with the Clerk of the Board of County Commissioners, as Sheriff. Monday, July 1, 1839. — At a meeting of the Board of County Commissioners of Dane County, held at the Commissioner's office, in Madison, Present Eben Peck and Simeon Mills, Bsqs; two of said Commissioners. Complaint having been made and satisfactory evidence produced by persons feeling aggrieved by the value which the Assessor and Appraiser have set to their lands and town lots, it is therefore ordered by the Commissioners that the Clerk so alter and amend the assessment-roll that first-rate lands be valued at $6 and second rate at $4 per acre, and that such alterations be made in the value of town lots as have been designated and marked on the "assessment roll. Ordered, That the Clerk make a copy of the assessment roll containing such alterations and amendments as will be suitable for the use of this office. Board adjourned until to-morrow at 9 o'clock. Tuesday, July 2, 1839. — Board met and corrected assessment roll. Wednesday, July 3, 1839. — Same as above. Thursday, July 4, 1839. — Board met. Present — Eben Peck, Simeon Mills, and Jeremiah Lycan, Esquires ; a full board. Friday, July 6, 1839. — Board met ; all present. Ordered, That the county of Dane be divided into two Road Districts, and that Ranges 6, 7 and 8 constitute District Number 1, and Ranges 9, 10, 11 and 12 constitute District Number 2. Ordered, That the following-named persons act as Supervisors in the two districts, to wit : In District No. 1, Edward Campbell ; in District No. 2, Horace Lawrence. Ordered, That Horace Lawrence, Charles S. Peaslee and Isaac Atwood act as Commis- sioners to lay out a county road, to commence at some point on the United States road, east of the Catfish Bridge (so called), and running thence north in the direction of Fort Winnebago, on the most convenient and practicable route, to the north line of the county, and make returns of the survey and location of said road to this office, on or before the first Monday in October, next. HISTORY OF DA.NE COUNTY. 405 Ordered, That the rates of tavern licenses shall be as follows to wit : In Madison, $20 each ; in other parts of the county, $12 each, and that rates for grocers to sell liquors in quan- tities not less than one quart, be $30 each. Board adjourned until to-morrow at 9 o'clock. Saturday, July 6, 1839. — Board met pursuant to adjournment ; all present. Ordered, That the rates of tax for the current year be established as follows, to wit : For county purposes, one-half cent per centum, and for school purposes, one mill on each dollar. Ordered, That Simeon Mills, Esq. be authorized to purchase books and stationery for the use of the county at the expense of the county. Ordered, That the Clerk of the Board of County Commissioners be authorized to receive pro- posals for the erection of a County Jail, in the town [village] of Madison, until the first Monday in August next, at 10 o'clock, A. M., at which time such proposals will be opened and read pub- licly by the Commissioners. Said jail to be 24 feet long by 18 feet wide ; to be divided into two equal apartments or rooms, one story high, to be constructed of square timber, the walls to be eight inches in thickness, and that notice of this order be published in the Wisconsin Mi- quirer, up to the said first Monday in August. Ordered, That Simeon Mills, Esq., be authorized to make a loan of $1,000, to defray the expenses of building the jail, in such manner as he shall think fit. Board adjourned until meeting in course. L. F. Kellosq, Olerk. Monday, July 22, 1839. — R. L. Ream was appointed Clerk of the board, vice L. F. Kel- logg, resigned, who appeared and was duly qualified to act as such. Monday, August 5, 1839. — Special session, held at the Commissioner's office. Present — Eben Peck and Simeon Mills, Esqs. Bids were received for building and completing a jail in Madison, according to proposals published, as follows, to wit : Bid No. 1, from Peter W, Matts, for $1,775 ; No. 2, George Vroman, $1,525.25 ; No. 3, Jairus S. Potter, $1,139 ; No. 4, Nel- son Hart & Co., $1,575 ; No. 5, Isaac Atwood, $1,600 ; No. 6, Abel Rasdall, $2,000 ; No. 7, David Ayer, $1,745; No. 8, Thomas Jackson, $1,447: No. 9, N. T. Parkinson, $1,348. Upon examination, it appeared that Jarius S. Potter was entitled to the contract, he having offered the lowest bid (No. 3), but, failing to offer sufficient bonds, it was ordered that the con- tract be let to the next lowest bidder. Whereupon N. T. Parkinson, having offered the next lowest bid (No. 9), appeared and entered into contract with the Commissioners. A.ugust 23, 1839.— Nathaniel T. Parkinson filed bond with the Clerk of^the Board of County Commissioners, for building the jail, with the following- named persons as securities : Prosper B. Bird, A. A. Bird, A. Lull, William N. Seymour, Darwin Clark. Berry Haney and H. F. Crossman having complied with the law, in relation to ferries, by giving bond, license is this day granted them in words and figures as follows, to wit : Commissioners' Office, Dane Co., ss. To all to whom these presents may come, greeting : Know ye that Berry Haney and H. F. Crossman, Having complied with the act entitled an " act to regulate ferries," approved March 6, 1839, are hereby licensed to keep a ferry across the Wisconsin River, from Section 6, town 9, Range 7 east, on the southeast side of said river, to a point directly opposite, on Prairie du Sac, for three years from the date hereof They are to provide and keep in repair, good and sufficient boats for the accommodation of passengers and teams. Said ferry is to be kept open from sunrise in the morning, until sunset at night. The following are the rates of ferriage established by the Commissioners, to wit : For every foot person, 25 cents ; for every horse and rider, 50 cents ; for every one horse and wagon, 75 cents; for every one span of horses and wagon, $1 ; for every yoke of oxen and wagon, $1 ; for each additional horse, ox or cow, not to exceed six in number, 25 cents ; for any number of horses or cattle, exceeding six in number, each, 12i cents; for sheep and hogs, i-if cents. 406 HISTORY OF DANE COUNTY. Given under our hands at Madison, this fifth day of August, in the year of our Lord one thousand eight hundred and thirty-nine. (Signed) Eben Peck, Simeon Mills, Oommissioners. R. L. Ream, Clerk of Board of County Oommigsionera. Tuesday, August 20, 1839, the following persons presented their bonds with security, which were approved of and filed in the Clerk's office, to wit : Adam Smith, as Collector ; George Vroman, as Assessor ; William N. Seymour, as Asses- sor ; William N. Seymour, as District Surveyor ; Mahlon Blaker, as Assessor. Saturday, August 24, 1839. — This day a duplicate of the assessment roll completed and placed in the hands of the Collector, containing precept under seal, and the amount of the assessment handed to the County ^Treasurer, it being two thousand nine hundred and seventy- four dollars, seventy-one cents and nine mills. R. L. Ream, Olerh. Monday, September 30, 1839. — At a meeting of the Board of County Commissioners of Dane County, held at the Commissioner's office in Madison, present -Simeon Mills and Jeremiah Lycan, two of said Commissioners. Ordered, That, according to the, act entitled " an act to provide for the destruction of wolves," three dollars to be allowed as a bounty on each and every wolf scalp, but no charge will be allowed for affidavit or certificate of the same. Ordered, That, according to the provisions of the act entitled " an act for assessing and col- lecting county revenue," the county of Dane be divided into three districts, as follows, to wit: Townships 5, 6, 7, 8, and 9, of Ranges 6 and 7, and townships 8 and 9, of Range 8, constitute district No. 1. That townships 5, 6 and 7, of Range 8, and townships 5, 6, and 7, 8, and 9, of Ranges 9, and townships 5, 6, and 7, of Range No. 10, constitute district No. 2. And that townships No. 8 and 9, of Range 10, and townships 5; 6, 7, 8 and 9, of Ranges No. 11 and 12, constitute district No. 3. Ordered, That district No. 1 be assigned to Mahlon Blaker. Ordered, That district No. 2 be assigned to William N. Seymour. Ordered, That district No. 3 be assigned to George Vroman, for the purpose of making the assessment for the year 1840. Ordered, That the Clerk of the board, notify the Assessors of their assignment of districts, and furnish them with blank assessment forms. Board adjourned until to-morrow at 9 o'clock A. M. Tuesday, October 1, 1839. — Board not meeting pursuant to adjournment, adjourned by the Wednesday, October 2, 1839. — Board not meeting pursuant of adjournment, adjourned by the Clerk until to-morrow at 9 o'clock A. M. , Thursday, October 3, 1839. — Board met. Present Eben Peck and Jeremiah Lycan, Esqs. Ordered, That the order passed on Monday last in relation to wolf scalps, be so amended that one dollar only be allowed on each and every wolf scalp as a bounty. Board adjourned until Saturday, October 5, 9 o'clock A. M. Saturday, October 5, 1839. — Board met pursuant to adjournment, present Eben Peck, Simeon Mills and Jeremiah Lycan, Esqs. Ordered, That John Stoner, County Treasurer, be required to appropriate and apply the first moneys that may come into his hands for county purposes, in payment of order No. 55, drawn in favor of S. Mills, for money by him advanced in the purchase of books and stationery for the use of the county. Ordered, That John Stoner, County Treasurer, be required to appropriate and apply the first moneys that come into his hands for county purposes (after paying order No. 55), in pay- ment of order No. 56, drawn in favor of S. L. Rood, in payment of books and stationery pur- chased for the use of the county. HISTORY OF DANE COUNTY. 407 Adjourned until Tuesday, October 8, at 8 o'clock A. M. Tuesday, October 8, 1839. — Board met pursuant to adjournment. Present : Eben Peck and Simeon Mills. Ordered, That the Commissioners accept of lot No. 10, in block No. 113, donated by Messrs. Pritcbette & Mason as the property of the county,. and that the jail be erected thereon. Ordered, That the contract made with N. T. Parkinson for the building of the jail be extended until December 1, 1839. Adjourned until meeting in course. R. L. Ream, Clerk. Wednesday, October 16, 1839. — James S. Alban having complied with the law in relation to fences, by giving bond, license is this day granted him in words and figures as follows, to wit: To all to whom these presents may come, greeting : Know ye that James S. Alban, having complied with the act entitled " An act to regulate fences," approved March 6, 1839, is hereby licensed to keep a ferry across Wisconsin River, from Sec. 7, Town 9, Range 7, to a point directly opposite, on Prairie du Sac, for three years from the date hereof; he is to provide and keep good and suflBcient boats for the accommodation of passengers and teams, said ferry to be kept open from sunrise in "the morning until sunset at night. Rates of ferrying established. (Signed) Simeon Mills, 1 ^ Eben Peck, | (Commissioners. R. L. Ream, Olerk. Monday, November 11, 1839. — A meeting of the Board of Commissioners of Dane County, held at the Commissioners' office ; present, Eben Peck and Simeon Mills, Esqs. Ordered, That John Stoner be appointed School Inspector, 10* fill ^he vacancy of John Catlin, and the Clerk notify him of his appointment. Satisfactory evidence having been established that Sec. No. 5, in Township No. 7, of Range 10 east, has been unreasonably taxed, it is therefore ordered that $11 and 25 cents of the same be remitted, and that the Collector be credited in settlement for the amount. Saturday, December 24, 1839. — License has this day been granted to William T. Herling to keep a tavern for one year, he having complied with the law in relation to taverns and gro- ceries. License has this day been granted to Lloyd & Nichols to keep a grocery for one year from the 1st day of December, 1839. COUNTY BOARD FROM 1840 TO 1880. The members of the Board of Commissioners from 1840 to 1846 inclusive, were : 1840-41, Simeon Mills,* Eben Peck, Prescott Brigham ; 1842, Prescott Brigham, Horace W. Potter, P. W. Matts; 1843, William D. Daggett, William A. Wheeler, Solomon Shafer ; 1844, W. A. Wheeler, A. W. Dickinson, W. H. Hubbard ; f 1845, E. Brigham, L. S. Augur, William A. Webb ; 1846, William A. Wheeler, J. R. Larkin, L. Stone. The Board of Commissioners was, by a law of 1846, changed to a Board of Supervisors, made up of the Chairman from each town in the county. This law was as follows : An Act to Change the Fokm of Government of the County of Dane. Be i( Enacted by the Council and Bouse of Representatiues of the Territory of Wisconsin .- and f ^'^(T"? ^■.t'''''*' ""^ ""' entitled an act to provide for the government of the several towns in this Territory, in fnr/. =K K«JiS'on of County Government, approved February 18, 1841, and other acts amendatory thereto, now S^n 9 rl '° """"^ ^""^ ^^^ effect i° the County of Dane on and after the first Tuesday of April next, the »«er,,i t~ lirst town meeting to be held in said county shall be held at the places hereinafter designated in Commi8Binn«r''7° -5^ ^"' ^"^"^*y "^ ^P"l °«^'' '^"'l " =''^" ''e *e duty of the Clerk of the Board of County l^'^'o^efs of said county, at least twenty days prior to said day of election, to place in the hands of the tReaimIrl"'»^''B°,f'"!?'f-'' '■■'* P^™ '" «"* y»" ™s Chairman. T BeaignBd, and B. P. Collins appointed. 408 HISTOEY OF BANE COUNTY Sheriff of said county three written notices, to be posted up in each town of said county, specifying the time when and place where said town meeting is to be held for the election of town officers, and the said Sheriff shall post up said notices in three of the most public places in each town at least fifteen days previous to said election. Sec. 3. — At the time and place of holding such town meeting, the electors present shall, between the hours of 10 A. M. and 12 M., organize such meeting by choosing a Moderator and Clerk to conduct such meeting, and there- after, such meeting shall, in all respects, be conducted in the manner provided by the acts and amendatory acts men- tioned in the first section of this act. Sec. 4. — That the official duties, and liabilities of the Clerk of the Board of County Commissioners, and Treas- urer, now in office in said county, shall extend to the expiration of the present year ; Provided, the said Clerk shall file with the Treasurer of said county, on or before the first Tuesday of April tiext, a bond, to be, approved by said Treasurer in conformity with the acts now in force relative to Clerks of the Board of Supervisors ; And Provided, also the said Treasurer shall, on the day of the first meeting of said County Board of SupervisoBS, give bond to the said Board of Supervisors of said county, in accordance with the provisions of the above-mentioned act and the act amend- atory thereto ; in default of which, in either case, the Board of Supervisors shall appoint some other suitable person to discharge the duties of said officers, respectively, until others are duly elected and qualified. Sec. 5. — That Township 5 north, of Range 10 east, shall constitute a separate town by the name of Rutland, and the first town meeting shall be held at the house of Sereno W. Graves. Sec. 6. — That Townships 5 and 6 north, of Range 9 east, and Township 6 north, of Range 10 east, shall con- stitute a separate town by the name of Rome ; and the first town meeting shall be held at the house of William Quivey. Sec. 7. — That Townships 5 and 6 north, of Range 12 east, shall constitute a separate town by the name of Albion ; and the first town meeting shall be held at the house of Jesse Saunders. Sec. 8. — That Town [ship] 5 north, of Range 11 east, shall constitute a separate town by the name of Dunkirk; and the first town meeting shall be held at the house of Mr. Lyons. Sec. 9. — That Townships 8 and 9 north, of Ranges 11 and 12 east, shall constitute a separate town by the name of Sun Prairie ; and the first town meeting shall be held at the house of John A. Peckham. Sec. 10. — That all of the remaining townships in said county shall constitute a separate town by the name of Madison ; and the first town meeting shall be held at the Madison Hotel, in the village of Madison : Provided, That the Supervisors of said town may establish one or more precincts in said town for the purpose of opening the polls at th« general election, and in said precincts the Supervisors shall appoint Judges of Elections, and the votes shall be canvassed and returns thereof made in like manner as from the several towns in the county. Sec. 11. — That the' several towns set off and organized by this act shall each be entitled to and enjoy all the rights and privileges which are granted by law to the other towns of this Territory. Sec. 12. — All laws in force of a general or local nsiture contravening any of the provisions of this act are hereby repealed. Sec. 13. — The three Supervisors of the town of Madison shall each be entitled to a seat in the County Board of Supervisors, and lo have a vote in the transactions of county business. Approved February 2, 1846. By one of the sections of the " Act to provide for the government of the several towns" in the Territory, passed February 18, 1841, and referred to in the above act as being "now in force" and to "take effect in the county of Dane," it is made the duty of the person chosen Chairman of the Board of Supervisors of the town, to attend to the annual meeting of the Board of Supervisors of the County.. The first session of the Board of Supervisors was held on Monday, the 14th of September, 1846. The members of that year and of those following, down to and including the year 1861, were : 1846-47— William C. Wells, Chairman ; Ed Campbell, James R. Larkin, S. Head, A. Barlow, J. Lawrence, R. Boyce (William Quivey acted as substitute for Mr. Boyce, during his sickness, until January 4, 1847). 1847-48— W. C. Wells, Chairman; H. L. Bush, W. H. H. Coon (Deputy for William Mayhew till January 3, 1848), R. Worden, L. Farnum, D. M. Holt, R. Boyce, D. Tipple, W. A. Pierce, R. Atwood, C. M. Nichols, J. Vroman, J. Sanders, W. M. Mayhew, W. Boyce. 1848-49— George Anderson, Chairman; C. Maxon, W. W. Patrick, E. Brigham, A. Keyes, B. Haney, A. Harris, G. E. Cowen, D. C. Miller, R. P. Rawson (resigned, 0. B. Moore elected), J. Vroman, W. C. Wells, C. Lum, T. T. Whittlesey, J. Webb,' A. Salsbury, D. Wheeler, J. Lawrence, S. R. Ayers, J. M. Babcock (deceased, P. Rider appointed), M. Nash, S. Taylor, C. M. Nichols, B. B. Freeman. 1849-50— Berry Haney, Chairman ; J. J. Clark, William H. Clark, E. Brigham, Charles Drakeley, George 0. Babcock, 0. B. Moore, S. R. Ayers, L. S. Augar, J. M. Matts, A. Sals- bury, J. Lawrence, B. Fairchild, D. Codey, William Barrus, A. A. Boyce, N. P. Spaulding, M. HISTORY or DANE COUNTY 409 Mallory, W. Brown, D. Thomas, G. E. Cowen (resigned, J. Blake appointed), R. Brown, A. E. Adsitt, J. Nelson, William 0. Rood, 0. Cook, D. Wheeler, J. Harlow, Charles H. Bird. 1850-51 — William M. Colladay, Chairman; I. S. Brown, J. Bowman, G. D. Neal (re- sianed, D. M. Stillman appointed), J. L. Lewis (substitute for N. H. Dryden during his sick- ness), W. W. Patrick, R. Brown, M. S. Foster, J. W. Thomas, G. 0. Babcock, H. L. Foster, Wm. M. Colladay, S. Oziah, C. Reeve, H. W. Yager, W. N. Seymour, L. Purmer, C. Lum, J. M. Matts (resigned, N. J. Tompkins appointed), William Dudley, J. PhilKps, Z. Gilbert, T. M. Warren, E. Isham, R. Winston, P. Hunger, C. H. Bird, A. A. Boyce, W. Barrus, T. R. Hill, N. P. Spaulding, D. E. Emery. 1851-52 — C. Lum, Chairman; A. Burdick, T. Haney, M. Ripley, J. Bowman, N. J. Tompkins, C. Reeve, D. Davidson, H. Van Orman, t. Arland, D. C. Miller, A. E. Adsit, 0. B. Moore, J. Gott, J. Keenan, L. J. Farwell (R. T. Davis to fill vacancy), W. Gammon, J. W. Thornton, W. Dudley (J. Devine to fill vacancy), H. C. Chandler, Z. Gilbert, T. M. War- ren, E. Isham, W. Beardsley, R. N. Ashmore, A. Bailey, A. Henry, I. Mann, J. Collins, E. Grover, D. E. Emery. 1852-53— E. Isham, Chairman; J. II. Potter, R. W. Davison, T. Steele, R. D. Frost, J. Bowman, J. R. Rutter, A. E. Adsit, J. Keenan, J. Webb, W. Gammons, I. M. Bennett, H. C. Chandler, J. Bronte, W. Beardsley, H. Childs, C. Flower, W. Barrus, I. Mann, 0. M. Cross, J. Collins, D. E. Emery, A. Smith, R. Brown, H. Van Orman, J. Steele, 0. E. Mclntyre, C. Barnard, P. Dunning (Mr. Warren to fill vacancy), H. J. Jackson, R. Richards, Mr. Thompson. 1853-54 — Calvin Barnard, Chairman ; J. J. Clark, Thomas Barber, Richard D. Frost, Thomas Steele, Daniel Pickett, John Vroman, Orien B. Hazeltine, Nathan G. Van Horn, W. R. Taylor, William F. Baker, James Steele, A. E. Adsit, William M. Colladay, John Keenan, J. T. Marston, Sardine Muzzy, Elisha Bailey, 0. H. Mallette, C. P. Moseley, D. Wheeler, J. Chandler, R. Richards, E. Isham, J. P. McPherson, G. 0. Babcock, W. A. Pierce, A. White, D. K. Butler, M. Reade, 0. M. Cross, D. E. Emery, J. Mosher. 1854-55— William R. Taylor, Chairman; J. M. Wood, Thomas Barber, Levi E. Thomp- son, R. D. Frost, E. Brigham, Daniel Pickett, E. Grover, Jr., G. Dow, J. Read, J. Steele, A. E. Adsit, J. Mosher, William M. Colladay, S. W. Field, J. H. Lewis, L. Hatch, E. Bailey, 0. H. Mallette, C. P. Moseley, B. F. -Denson, Z. Gilbert, J. Chandler, C. W. Waterbury, H. Bigelow, R. Blackburn, William Beardsley, C. Flower, J. Beath, J. Poyner, J. Collins, J. C. Pinney, G. Van Gaasbeck. 1855-56— William M. Colladay, Chairman ; E. Sherman, J. W. Ford, L. E. Thompson, J. R. Hiestand, T. Steele, William A. Fields, N. G. Van Horn, H. Catlin, J. Read, A. G. Hadder, L. Knudson, C. Barnard, S. W. Field, H. J. Hill, M. D. Currier, W. Gammons, 0. H. Mullette, L M. Bennett, B. F. Denson, J. A. Johnson, J. La Follette,- 0. M. Waterbury, S. W. Graves, A. Malone, George Johnson, R. T. Cameron, J. Beath, J. Poyner, L. Ryan, E. Combs, G. H. Van Gaasbeck, E. Grover, Jr., 0. M. Palmer. 1856-57— W. M. Colladay, Chairman ; E. Sherman, C. Laughlin, J. B. Sweat, J. R. Hiestand, T. Steele, W. A. Fields, D. B. Crandall, A. Norman, J. Bryan, A. G. Hadder, A. E. Adsit, J. Allen, S. Nye, H. J. Hill, A. E. Brooks, N. B. Van Slyke, A. S. Wood, S. M. Van Bergen, H. S. Clark, W. Gammons, P. W. Matts, E. W. Dwight, A. Sanderson, J. L. Lewis, ^.Gilbert, T. M. Warren, S. W. Graves, J. P. McPherson, W. Beardsley, 0. Bailey, J. Cald- well, W. D. Stanley, S. B. Coryell, M. O'Malley, J. W. Helden, A. A. Huntington, C. G. Lewis, G. Bjornson, H. Jones. 1857-58.— P. W. Matts, Chairman ; G. W. McDougal, Charles Laughlin, S. H. Vedder, ilr , ; ^r^^' ^- ^'^^1^' ^- ^- ^'eld, C. G. Lewis, I. Brown, W. R. Taylor, J. Bryan, W. J. Welch W. H. Miller, E. H. Lacy, 0. B. Moore, J. Keenan, H. J. Hill, A. E. Brooks, N. B. Van blyke, C. C. Mayers, S. M. Van Bergen, C. Lum, E. Bailey, R. Boyce, B. F. Denson, J. Ohandler, J. A. Johnson, J. Pauly, S. Axtell, J. P. McPherson, William Beardsley, L. H. 410 HISTORY OF DANE COUNTY. Pearsons, J. C. Steele, W. D. Stanley, J. Beath, J. Kershaw, J. W. Helden, A. A. Hunting- ton, H. M. Warner. 1858-59 — J. Beath, Chairman ; G. W. McDougal, 0. Laughlin, J. Greening, R. D. Frost E. Dale, W. A. Field, 0. G. Lewis, N. G- Van Horn, W. R. Taylor, J. M. Haney, R. Bovfer' W. H. Miller, E. E. Roberts, 0. E. Mclntyre, J. Keenan, W. D. Bird, T. Heeraa, D. J. Pow- ers (resigned, E. S. Oakley appointed), J. G. GriflSn, T. Kinney, C. Lum, J. B. Colton, P. W. Matts, M. Wolf, B. F. Denson, N. Randall, J. A. Johnson, S. W. Graves, C. M. Waterburyj. 0. B. Hazeltine, J. P. McPherson, J. Wiessenborn, L. H. Pearsons, J. C. Steele, D. K. Brit- ton, C. H. Arnold, S. H. Sabine, A. Sawyer. 1859-60— A. M. Hanchett, Chairman ; G. F, Lawton, 0. Kerl, W. A. Webb, S. F. Lighthizier, N. H. Dryden, E. Crowell, E. Grover, Jr., J. T. Crandall, M. E. Emerson, J. M. Haney, W. Dunlap, A. E. Adsit, E. E. Roberts, A. L. Beebe, J. E. Mann, T. Reynolds; A. Sherwin, E. S. Oakley, D. Clark, C. Fairchild, L. A. Lincoln, J. B. Colton, P. W. Matt3, M. Colby, 0. B. Daley, H. M. La Follette, F. B. Ames, C. E. Loveland, F. Ritchie, R.. Black- burn, R. Ford, C. Flower, G. Beatty, J. Beath, H. -Cramer, W. Keefe, A. H. Pinney, A. Sawyer. 1860-61— T. Reynolds, Chairman ; L. 0. Humphrey, J. W. Ford, H. M. Warner, S. F. Lighthizier, E. Dale, Isaac Adams, C. G. Lewis, W. D. Potter, C. Drakeley, J. M. Haney, W. Dunlap, L. Torgerson, C. Barnard, A. L. Beebe, J. Keenan, J. Zehnphenning, J. T. Bayer, J. Byrne, J. B. Stickney (0. Park substitute during the sickness of Mr. Stickney), A. M. Hanchett, E. Bailey, J. M. Matts, E. W. Dwight, Mr. Sanderson, G. Tollefson, F. B. Ames, S. W, Graves, F. Ritchie, H. Stevens, S. T. F. Ward, C. Flower, G. Beatty, W. Charleton, H. Cramer, J. Tierney, I. N. DeForest, L. G. Shephard, J. M. Gile, F. C. Festner. 1861-62 — J. P. McPherson, Chairman; L. 0. Humphrey, J. Bunnagel, 0. B. Hazeltine, J. L. Davison, T. Haney, R. W. Davison, A. D. Goodrich, D. B. Crandall, W. R. Taylor, T. Murphy, A. J. Luce, L. Torgerson, H. H. Giles (resigned ; W. M. Key appointed), W. M, Colladay, J. Keenan, H. A. Tenney, F. O'Bryan, J. W. Sumner, D. Clark, T. Kinney, G. T. Whitney, E. Bailey, P. W. Matts, J. D. Tipple, J. Jones, G. Bjornson, W. Chandler, Z. Gil- bert, H. A. Colburn, F. Ritchie, K. Ford, C. Flower, G. Beatty, W. Charleton (resigned, J. Beath appointed), H. Cramer, H. J. Benson. I. N. DeForest (resigned, J. M. Miller appointed), W. H. Slater, Mr. McBride. The Board first met under the law providing for the government of the county by District Representation, on the 13th day of January, 1862. 1862-63— First District, W. M. Colladay; Second, J. Douglas; Third, Otto Kerl; Fourth, E. Dale ; Fifth, P. H. Turner. Mr. Colladay, Chairman. 1864-65— First District, F. B. Ames; Second, J. E. Hidden; Third, Otto Kerl ; Fourth,. M. Colby ; Fifth, H. J. Hill. Mr. Colby, Chairman. 1866-67— First District, F. B. Ames; Second, 0. W. Thornton; Third, Mansfield Arries; Fourth, M. Colby ; Fifth, Neely Gray (deceased, Timothy Brown appointed). Mr. Ames, Chairman. 1867— First District, F. B. Ames ; Second, 0. W. Thornton ; Third, D. Schafer ; Fourth, M. Colby ; Fifth, Timothy Brown. Mr. Ames, Chairman. 1868— First District, F. B. Ames; Second, 0. W. Thornton ; Third, D. Schafer; Fourth, D. L. Daley ; Fifth, Timothy Brown. Mr. Ames, Chairman. 1869— First District, W. M. Colladay; Second, 0. W. Thornton; Third, M. Arries; Fourth, D. L. Daley (resigned, W. C. B. Weltzin substituted) ; Fifth, H. J. Hill. Mr. Thorn- ton, Chairman. 1870, ending March 24— First District, W. M. Colladay; Second, H. D. Goodnow^ Third, 0. B. Hazeltine ; Fourth, L. M. Anderson ; Fifth, H. J. Hill. Mr. Hill, Chairman. Commencing May 23, 1870. The Board met under the Town System of Representa- tion. HISTORY OF DANE COUNTY. 411 1870-71. — J. P. McPherson, Chairman; L. 0. Humphrey, J. C. Fischer, J. Adams, R. D Frost, J. Mitchell, R. D. Freeman, S. H. Hall, J. E. Johnson, T. Black, T. Murphy, H. H. Brereton, K. 0. Heimdall, W. H. Watson, W. T. McConnell, W. D. Bird, H. J. Hill, T. C. Bourke, W. T. Leitch, J. M. Bowman, C. G. Mayers, S. Moulton, W. H. Porter, B. Bailey, J. Lyle, J. S. Jackson, L. M. Anderson, S. Holland (resigned, Mr. Glenhus appointed), W. Seamonson, J. Brosmer, C. E. Loveland, W. Beardsley, F. Allen, C. Pond, W. H. Chandler, J. Ollis, J. H. Steaman, G. Beatty, W. Woodward, E. A. Spencer, J. Phillips. 1871-72.— W. H. Chandler, Chairman ; 6. S. Head, H. Keller, J. McKenzie, A. Morton, 0. Hanson, I. W. Haner, S. H. Hall, W. B. West, W. R. Taylor, T. Murphy, H. H.. Brereton, 'A. E. Adsit, R. S. Allen, 0. B. Moore, J. Travis, E. E. Bryant, T. C. Bourke, C. H. Billings, A. Herfurth, J. Miller, S. Moulton, W. H. Porter, W. Ankitell, J. W. Norton, P. Baldwin, L. M. Anderson, W. C. B. Weltzin, W. Seamonson, J. Brosmer, S. Divall, J. P. McPherson, N. Martin, J. Norris, C. Pond, J. Ollis, J. Stewart, S. Caldwell, J. H. Tierney, E. A. Spencer, G. Weeks. 1872-73.— E. A. Spencer, Chairman ; W. Short, F. Schuman, J. McKenzie, S. F. Lighthizier, 0. Hanson, A. Chiprnan, T. S. Phillips, J. E. Johnson, W. R. Taylor, R. Burns, 0. Ghipman, P. B. Grinde, G. B. Moore, R. S. Allen, Abel Dunning, P. Barry, M. B. French, C. H. Billings, H. Christoffers, L. D. Stone, S. Moulton (resigned, Mr. CliflFord appointed), W. H. Porter, W. Gammons, J. Seeley, P. Baldwin, L. M. Anderson, W. C. B. Weltzin, W. Seamonson, M. Theisen, M. Johnson, N. Martin, J. Norris, C. Pond, J. Gibbons, J. Ollis, J. Stewart, S. Caldwell,, J. H. Tierney, J. Johnson, S. Divall. 1873-74. — W. R. Taylor, Chairman (resigned, P. Baldwin elected) ; G. B. Huntington, F. Schuman, J. McKenzie, D. Bechtel, 0. Hanson, J. M. Haner, A. Smith, S. H. Butler, P. Zander, R. Steele, P. B. Grinde, J. Allen, W. T. McConnell, P. Barry, G. C. Russell, B. M. Minch, J. Rodermund, J. G. Ott, L. D. Stone, G. F. Clifford, J. Hart, W. Gammons, J. Seeley, P. Baldwin, L. M. Anderson, C. Dixon (resigned, Mr. Seamonson appointed), G. T. Mandt, M. Theisen, S. Tusler, M. Johnson (resigned, Mr. Malone appointed), N. Martin, R. S. Allen, F. L. Warner, W. H. Angell, J. Ollis, H. H. Cornwell, S. J. Caldwell, J. H. Tierney, W. Blanchard, J. Phillips. 1874-75.— G. C. Russell, Chairman; J. H. Palmiter, W. Stumpf, W. Manwaring, D. Betchel, 0. Hanson, A. Chipman, A. Smith, J. E. Johnson, I. Adams, P. Zander, T. Leitch, P. B. Grinde, W. H. Watson, W. Lalor, J. Travis, Thomas C. Bourke, George A. Mason, John George Ott, L. D. Stone, L. Clark, W. H. Porter, W. Gammons (resigned, E. Bailey appointed), J. Lyle, P. Baldwin, L. M. Anderson, E. Pederson, W. Seamonson, P. M. Fabing (resigned, M. Theisen appointed), S. Tusler, M. Johnson, D. Ford, F. Allen, W. H. Slatter, W. H. Angell, R. J. Poyner, J. Stewart, 0. M. Helland (resigned, Mr. Blake anpointed), J. H. Tierney, D. Crowley, J. Phillips. 1875-76.— G. C. Russell, Chairman ; J. H. Palmiter, W. Stumpf, W. Manwarring, D. Bechtel, 0. Hanson, J. E. Hidden, F. Ritchie, S. E. Billsted, C. Drakeley, H. J. Boiling, T. Leitch, P. B. Grinde, I. E. Wright, J. M. Sampson, J. McWilliams, William Vallender, John N. Jones, Stephen D. Carpenter, A. Sexton, L. Clark, W. H. Porter (W. Knapton, substitute), F. Blver, J. Lyle, P. Baldwin, L. M. Anderson. W. C. B. Weltzin, A. B. Devoe, P. M. Fabing, C. E. Loveland, M. Johnson, D. Ford, J. Norris, T. C. Hayden, C. G. Cross, R. J. Povner, J^.^ Stewart, A. B. Erbe, J. H. Tierney, D. Crowley (resigned, 0. S. Holum appointed), J. 1876-77.— G. C. Russell, Chairman ; J. H. Palmiter, J. C. Fischer, D. D. Logan, D. iiechtel, Hanson, J. E. Hidden, F. Ritchie, P. N. Johnson, C. Drakeley, H. J. Bollig, M. w ?r^'F- ^- Heimdall, L E.jWright, J. M. Sampson, D. L. Van Hoesen, J. Hess, Robert wootton, Stephen D. Carpenter, J. Nader, J. D. Bradford, L. Clark, W. H. Porter, F. Elver, J. l^yle P. 15aldwm, L. M. Anderson, W. C; B. Weltzin (resigned, 0. 0. Barton appointed), vv. a. Atkinson, P. M. Fabing, C. E. Loveland, M. Johnson, D. Ford, J. C. Chandler (resigned, y WT pointed), F. L. Warner, C. G. Cross, R. J. Poyner, H. Hathaway, S. J. Caldwell, J. H. Tierney, H. S. Grinde, J. Phillips. 412 HISTOEY OF DANE COUNTY. 1877-78. — Albion, Henry Marsden; Berry, John C. Fischer ; Black Earth, D. D. Logan- Blooming Grove, Daniel Bechtel ; Blue Mounds, Ole Hanson; Bristol, A. Chipman ; Burke Francis Ritchie ; Christiana, William B. West ; Cottage Grove, Thomas Black ; Cross Plains H. J. Bollig ; Dane, Thomas Leitch ; Deerfield, P. B. Grinde ; Dunkirk, I. E. Wright ; Dunn J. M. Sampson; Fitchburg, Hiram Vroman ; Madison Town, William Windsor; Madison City 1st ward, John Hess ; Madison City, 2d ward, F. D. Fuller ; Madison City, 3d ward, Dexter Curtis ; Madison City, 4th ward, Elisha Burdick ; Madison City, 5th ward, George Anderson • Mazomanie, Luther Clark ; Medina, K. W. Jargo ; Middleton, Fritz Elver ; Montrose, John Lyle ; Oregon, Phineas Baldwin ; Perry, L. M. Anderson ; Primrose, M. F. Van Norman ; Pleasant Springs, William Seamonson; Roxbury, P. M. Fabing ; Rutland, C. E. Loveland; Springdale, Michael Johnson (Chairman) ; Springfield, David Ford ; Stoughton Village, James Norris ; Sun Prairie, F. L. Warner ; Sun Prairie Village, C. G. Crosse ; Vienna, Adam Coldow ; Verona, John Mason ; Vermont, S. J. Caldwell ; Westport, James Hogan ; Windsor, S. H. Sabin; York, J. H. Porter. 1878-79. — Albion, W. A. Short; Berry, Frederick Schumann; Black Earth; John McKinzie ; Blooming Grove, Daniel Bechtel; Blue Mounds, G. E. Mickelson ; Bristol, A. Chipman; Burke, Francis Ritchie (Chairman); Christiana, S. E. Bilstad ; Cottage Grove, Thomas Black. Cross Plains, Joseph Wallraif; Dane, Thomas Leitch; Deerfield, John A. Quammen ; Dunkirk, J. M. Estes ; Dunn, Robert Henry ; Fitchburg, W. C. Kiser ; Madi- son, William Windsor ; Madison City, 1st ward, B. M. Minch ; Madison Cityi 2d ward, Philo Dunning ; Madison City, 3d ward, Ernst Mueller ; Madison City, 4th ward, Elisha Burdick ; Madison City, 5th ward, William Charleton ; Mazomanie, G. T. Whitney ; Medina, K. W. Jargo ; Middleton, John E. Brumm ; Montrose, John Lyle ; Oregon, W. H. Draher ; Perry, L. M. Anderson ; Primrose, P. 0. Baker ; Pleasant Springs, William Seamonson ; Roxbury, P. M. Fabing ; Rutland, George Pritchard ; Springdale, John Fosshage ; Springfield, David Ford ; Stoughton Village, Thomas Beattie ; Sun Prairie, Thomas C. Hayden ; Sun Prairie Village, William H. Angell ; Vienna, Adam Caldow ; Verona, Henry Wineland ; Vermont, Samuel J. Caldwell ; Westport, William O'Keefe ; Windsor, Dennis Crowley ; York, L. G. Shephard. 1879-80.— Albion, W- A. Short; Berry, Frederick Schuman ; Black Earth, John McKenzie ; Blooming Grove, Daniel Bechtel ; Blue Mounds, G. E. Mickelson ; Bristol, A. Chipman; Burke, Francis Ritchie; Christiana, John E. Johnson; Cottage Grove, Harvey Campbell; Cross Plains, Joseph Wallrafi"; Dane, Thomas Leitch; Deerfield, K. 0. Heimdal; Dunkirk, J. M. Estes; Dunn, P. E. Sherlock; Fitchburg, William C. Kiser; Madison Town,, William Windsor ; Madison City, 1st ward, B. M. Minch ; Madison City, 2d ward, C. P. Chap- man ; Madison City, 3d ward, Ernst Mueller ; Madison City, 4th ward, A. S. Frank ; Madison City, 5th ward, William Charleton; Mazomanie, G. T. Whitney; Medina, W. H. Porter; Middleton, John E. Brumm; Montrose, Henry Goodnow ; Oregon, M. Wolfe; Perry, L. M. Anderson ; Primrose, P. 0. Baker ; Pleasant Springs, Oliver Johnson ; Roxbury, P. M. Fabing; Rutland, George Pritchard; Springdale, Jotin Fosshage; Springfield, David ford; Stoughton Village, L. K. Luse; Sun Prairie, F. L. Warner; Sun Prairie Village, William H. Angell ; Vienna, Adam Caldow ; Verona, Thomas A. Stewart ; Vermont, Samuel J. Caldwell ; Westport, Raymond tackham ; Windsor, E. P. Sherman ; York, John Johnson. PRESENT BOUNDARIES OF THE COUNTY. The boundaries of Dane County remain as established December 7, 1836 (the date of the formation of th.e county). By the Revised Statutes of Wisconsin, of 1849, were confirmed, as follows : " The district of country included within the following boundaries shall form. and consti- tute the county of Dane, to wit : / •'Beginning at a point in the center of the main channel of the Wisconsin River, wherethe range line between Ranges 5 and 6 east of the meridian aforesaid, crosses said river; running HISTORY OF DANE COUNTY. 413 thence south, on said range line, to the southwest corner of Township 5 north, of Range 6 east ; thence east, on the line between Townships 4 and 5 north, to the southeast corner of Township 5 north, of Range 12 east ; thence north, on the range line, between Ranges 12 and 13, east, to the northeast corner of Township 9 north, of Range 12 east ; thence west, on the Hne between Townships 9 and 10 north, to the middle of the Wisconsin River ; thence down the middle of the main channel of said river to the place of beginning." These boundaries were re-affirmed by the Revised Statutes of 1858, and by those of 1878. CENSUS IN 1842. In July, 1842, the census of Dane County was taken by A. A. Bird, Sheriff, noting the heads of families and giving the number of males separate from the females in each family, as follows : Madison. — A. A. Bird, 7 males, 3 females ; Tryfusa Starks, 4 males, 3 females ; Alfred Boyles, 3 males, 2 females ; Nicholas 'Smith, 2 males, 3 females ; David Brigham, 2 males, 2 females ; James Lemon, 5 males, 1 female ; Thomas Daily, 3 males, 2 females ; David La Fey, 6 males, 1 female ; William Pyncheon, 3 males, 5 females ; J. G. Knapp, 2 males, 1 female ; William N. Seymour, 7 males, 4 females ; James Carman, 4 males, 3 females ; E. Cluet, 3 males, 3 females; W. D. Daggett, 2 males, 2 females; I. Lyman, 2 males, 2 females ; A. Ras- dall, 6 males ; S. Mills, 3 males, 4 females ; Gr. P. Delaplaine, 1 male, 2 females ; J. George, 10 males; W. C. Wells, 10 males,. 4 females; W. W. Wyman, 5 males, 5 females; George Bailey, 2 males, 3 females ; P. B. Bird, 5 males, 3 females ; James Morrison, 12 males, 9 females ; D. Hyer, 5 males, 6 females ; John Stoner, 5 males, 5 females ; J. M. Clark, 1 male, 5 females ; B. Shackelford, 2 males, 2 females ; A. W. Parris, 2 males, 2 females ; E. Potter, 1 male, 2 females ; Lyman Lamb, 6 males, 2 females ; James Sullivan, 3 males, 6 females ; E. Quivey, 19 males, 5 females ; J. D. Doty, 4 males, 11 females ; Alexander Botkin, 5 males, 2 females ; Daniel Holt, 1 male, 1 female ; Peter Harris, 7 males, 2 females ; W. A. Wheeler, 3 males, 3 females; I. H. Palmer, 1 male, 4 females; B. F. Larkin, 1 male, 2 females; Abel Dunning, 2 males, 1 female ; Jonathan Larkin, 3 males, 3 females ; Carloss Joslin, 4 males, 3 females. Total, 323. Oity of the Four Lakes. — G. H. Slaughter, 5 males, 2 females ; Louis Montandon, 1 male, 1 female ; C. West, 3 males, 1 female. Total, 13. Lawrence Prairie. — C. S. Peaslee, 6 males, 2 females ; H. Lawrence, 6 males, 4 females ; G-eorge Spaulding, 2 males, 4 females ; William Lawrence, 2 males, 2 females. Total, 28. Sun Prairie. — John Myers, 2 males, 1 female ; Charles H. Bird, 2 males, 1 female ; H. W. Potter, 2 males, 1 female; E. Slingerland, 5 males,. 4 females ; George Anderson, 5 males, 1 female ; David Adams, 3 males, 5 females ; Nathan Soaper, 2 males, 1 female ; Volney Moore, 6 males, 5 females; A. W. Dickison, 1 male ; David Jones, 6 males, 4 females ; David Brasee, 5 males, 2 females ; Thomas Brasee, 3 males, 5 females ; Robert W. Davidson, 2 males, 2 females ; Sheldon Nichols, 2 males, 2 females ; W. W. Patrick, 3 males, 4 females ; Eleazer Moore, 1 male, 1 female ; Henry Padeford, 3 males, 2 females ; William Varnham, 2 males, 1 female ; ihomas Marks, 2 males, 2 females ; W. G. Van Bergen, 3 males, 4 females ; J. Winslade, 1 male, S^females; D. C. Butterfield, 5 males, 3 females; John F. Sweet, 3 males, 5 females. Cottage Grove,— M. M. Taylor, 1 male, 1 female ; D. Hannah, 2 males, 2 females. E. Sul- ^van 2 males, 2 females ; J. Sullivan, 1 male, 1 female ; J. French, 3 males, 1 female ; A. ^eecher, 2 males, 3 females ; John Dean, 1 male, 2 females ; Horatio Catlin,-8 males, 4 females ; Amos Harris, 2 males, 2 females ; R. Brown, 4 males, 3 females. Total, 42. erson, 1 male, 1 female. Total, 20. 414 HISTORY OF DANE COUNTY. Norway Settlement. — M. Hodgerson, 1 male ; 0. Anderson, 2 males, 3 females ; John Smith, 1 male, 1 female; G. Olson, 1. male, 2 females; G. Comneton, 1 nlale, 2 females- C. Telliffson, 1 male, 1 female ; N. Comentson, 1 male ; Thomas Nelson, 1 male ; B. Anderson 3 males, 4 females ; D. Oley, 1 male. Total, 26. ^ Township 5, Range 2. — B. N. Rice, 2 males, 1 female ; F. Sweet, 4 males, 3 females • R. S. Ensign, 2 males, 4 females ; S. F. Stuart, 2 males, 2 females ; Jessa Sanderson, 8 males 4 females; Duty J. Green, 6 males, 3 females; Mason Burns, 5 males, 2 females; Burkley Runey, 5 males, 5 females ; Garland Thomas, I'male, 1 female. Total, 50. Township 6, Range 9. — William Quivey, 6 males, 1 female ; Harvey Bush, 3 males, 2 females ; George Dyke, 4 males, 3 females ; Joseph Vroman, 5 males, 1 female. Total, 25. Sugar River. — George McFadden, 3 males, 3 females ; George Kindriek, 2 males, 2 females ; Samuel Taylor, 2 males ; Thomas Stuart, 3 males ; Patrick Davidson, 4 males, 3 females. Total, 22. First Lake. — R. H. Palmer, 4 males, 4 females. Total, 8. City of Superior. — R. Richard, 1 male, 1 female. Total, 2. Qross Plains. — Berry Haney, 4 males, 4 females ; J. W. Thomas, 2 males, 3 females Total, 13. Springfield. — Orson Cook, 2 males, 1 female ; J. D. Sanford, 4 males, 6 females ; S. Hay- den, 1 male, 3 females. Total, 17. ' Highland Springs. — B. Campbell, 3 males, 5 females ; A. Potter, 3 males, 4 females ; Isaac Harlow, 4 males, 4 females ; John Campbell, 3 males, 2 females ; Total, 28. Blue Mounds. — B. Brigham, 2 males ; C. F. Parks, 7 males, 2 females ; J. Lycan, 4 males, 3 females ; F. Wachtal, 6 males, 2 females ; J. P. Hickox, 2 females. Total, 28. Whole number in Dane County, 775. THE FIRST SERMON IN DANE COUNTY.* During the summer of 1837, with the exception of one or two families, the entire white population of the county was living in Madison,' and consisted of three or four families, some thirty or forty workmen, more or less, on the basement of the capitol, and a few transient guests. There had never been any religious services held in the county, and nothing distinguished the first day as different from all others, unless perhaps the gun was more frequently heard, and ducks and prairie chickens were more abundant at night than at any other time during the week. Unfavorable as this state of society may be looked upon in after years, the truth must be told, and so it was, that while the Gospel was being preached to the heathen in the "uttermost parts of the earth," " The sound of the Chureh-going bell, Hiese lakes and these hills never, heard ; Never sighed at the sound of a knell, Or smiled when a Sabbath appeared." In early autumn, it was announced, one Saturday afternoon, that the Rev. Mr. K^— , a Methodist minister from Illinois, had arrived, and, if some convenient place could be had, he would preach for the benefit of this benighted people, at 10 o'clock Sunday morning. Arrange- ments were soon made, and the coming morrow promised to be the grand era oi a " new de- parture." After breakfast Sunday morning, the reverend gentleman discovered with great amazement and sorrow, that his horse, which he had been compelled to ride without its having been shod, had, from gravel in the foot, become so lame as to make further progress on his journey for some days apparently quite impossible. As John Catlin and myself had early made his acquaintance, he naturally came to us for advice and assistance. We owned a very serviceable pony, though not remarkable in appearance, while the lame beast of the dominie was evidently * From the able and facetious pen of Simeon Mills, of Madison, Wis., 1880. HISTORY OF DANE COUNTY. 417 one that would command a good figure in any market, after a few days rest and a little care of the injured foot. He was '' very anxious " to proceed to Fort Winnebago at once, and should return in three or four days, and the only thing practicable seemed to be for us to lend him our pony, and keep his horse until his return, he paying us for the use of the pony and the care of his beast. At length, Mr. Catlin said : " Suppose we trade horses, how would that suit you ?" At this propo- sition his down-cast eyes were slowly raised, his sorrowful countenance brightened up, and he meekly admitted that it would be the best thing to do, if we could agree upon terms. Negotiations commenced and lasted some timg^ with but little prospect of a favorable result. I almost blush to confess that it looked sometimes as though my partner was driving a sharp bargain, but as I knew little or nothing about the good or bad points of a horse, which the honest parson modestly showed oif, or adroitly concealed as occasion required, I did not attempt to interrupt proceedings by any impertinent interference. The trade was finally completed, Mr. Gatlin paying him $15 as the agreed difference be- tween the present value of the animals, secretly calculating, however, a prospective profi't of at least $50. Soon after the consummation of the trade, we joined in escorting him, with a borrowed Bible under his arm, to the place where divine service was to be held. His congregation was of course, the entire population, and some of the " boys " who had not entirely forgotten the hymns learned of their pious mothers, helped out with appropriate music. When, however, he arose and read his text in the following words : " I was a stranger, an^d ye took me in," the reader may readily imagine, that at least two of his congregation "took in the situation " at once. The sermon of course was eloquent and full of interest, and he let us off easy, making no pointed allusion to his having been badly cheated that morning in a horse trade. That we might not be lacking in the amenities and customs of more advanced Christian communities, A. A. Bird passed the hat, and we all " chipped in, " making up a" stake " of about $20, which was emptied into his pocket, to swell the honest earnings of the morning's work. Meeting being over, he was in a "great hurry " to depart, because it was " necessary " that he should be at Fort Winnebago as soon as practicable, and, as no reason was urged why a minister of the Gospel might not travel from one place of preaching to another, or at least part of the way, on the Sabbath, he mounted his pony after dinner, without opposition, and went on his way " sowing the good seed," which should spring up and bear fruit, some sixty-fold and some a hundred-fold. The sequel is soon told : This desirable animal that we had so fortunately obtained, by reason of founder or some other cause that escaped observation, was a confirmed and hopeless cripple, not worth half the boot money paid, to say nothing of our valuable pony, which had carried the good man forever from our sight. The development of disease in the poor brute took an unfavorable turn, and in less than three days he lay dead at our feet, an awful warning against the wickedness of trading horses o§ Sunday, unless it is done by a good man, in aid of a good cause, and as a traveling necessity. Such was the inauguration of the Sabbath, and such was the introduction of the Gospel into the county of Dane. A DARK DEED. On the 11th of February, 1842, Charles C. P. Arndt, a member of the Legislative Council from the county of Brown, was killed, in the capitol in Madison, by J. R. Vineyard, a member from Grant County. A discussion had arisen in the Council on a motion to re-consider a vote by which the nomination of E. S. Baker, as Sheriff of Grant County, was rejected a few days betore. During the progress of the discussion, violent words passed between the two parties. Arndt, conceiving himself to have been insulted, approached Vineyard, after the adjournment, for the purpose of seeking an explanation. A slight rencontre then took place, when the latter drew a pistol from his pocket and fired. Arndt reeled for a few paces, then sank on the floor and 418 HISTORY OF DANE COUNTY. almost instantly expired, having been shot through the heart. The funeral services were held at the Council Chamber, and the remains taken to Green Bay for interment. Vineyard surrendered himself to the Sheriff of Dane County, waived an examination, and committed to jail. After a short confinement, he was brought before the Chief Justice of was the Territory on a writ of habeas corpus, and admitted to bail. He was afterward indicted for manslaughter, and tried and acquitted. Immediately after the homicide, Vineyard sent his res- ignation to the Council, which refused to receive it or even have it read. He was at once expelled. ^ No occurrence ever happened in the Territory that caused more excitement than this event. Vineyard subsequently removed to California, where he died. .-..^ HISTORY OF DANE COUNTY. 419 CHAPTER VI. County Offioees from 1839 to 1880— Pioneer Rejiiniscences — Meetings of Dane County Pioneers— Territoeial, State and Congressional Representatives— State Institutions IN Dane County. COUNTY OFFICERS FROM 1839 TO 1880.* 1839-40 — La Fayette Kellogg, Clerk (resigned, R. L. Ream appointed) ; John Stoner, > Treasurer ; Robert L. Ream, Register of Deeds ; George P. Delaplaine, County Surveyor (resigned, William N. Seymour appointed); N. T. Parkinson, Sheriff; John Catlin, District Attorney. 1840-41— R. L. Ream, Clerk ; I. H. Palmer, Treasurer. 1842 — E. M. Williamson, Clerk ; Erastus Quivey, Treasurer ; Ira W. Bird, Register of Deeds; T. M. Wilcox, County Surveyor (resigned, B. M. Williamson appointed); A. A. Bird, Sheriff. 1843 — E. M. Williamson, Clerk ; Erastus Quivey, Treasurer (resigned, Darwin Clark ap- pointed); Ira W. Bird, Register of Deeds; A. A. Bird, Sheriff; Alex L. Collins, District Attorney. 1844— John Catlin, Clerk; P. W. Matts, Treasurer; E. M. Williamson, Surveyor; I. W. Bird, Register of Deeds; A. A. Bird, Sheriff; A. L. Collins, District Attorney. 1845— E. M. Williamson, Clerk; P. W. Matts, Treasurer; E. Burdick, County Surveyor; G. T. Long, Register of Deeds; I. W. Bird, Sheriff; C. Abbott, District Attorney. 1846 — E. Burdick, Clerk (appointed in place of E. M. Williamson, resigned); S. M. Van Bergen, Treasurer; J. G. Knapp, Register of Deeds; E. M. Williamson, Countv Surveyor; G. B. Smith, District Attorney ; P. W. Matts, Sheriff. County Clerks— 1847, Elisha Burdick ; 1848, Royal Buck ; 1849, Sylvester Giles ; 1853, Gabriel Bjofnson; 1857, E. J. Renter; 1859, J. P. McPherson ; 1860, J. A. Johnson; 1869, H. Borchsenius; 1873, W. C. B. Weltzin; 1875, Phillip Barry; 1879, Phillip Barry; 1879-81, Thomas P. Coyne. County Treasurers— 1847, J. R. Larkin; 1848, Charles Holt; 1849, William W. Wyman; 1860, Ezra L. Varney ; 1853, Philo Dunning; 1855, William A'. Wheeler; 1857, E. H. Gleason; 1859, Frank Gault ; 1860, William Vroman ; 1865, L. W. Hoyt; 1867, William Charleton; 1871, Frank B. Amesf; 1875, B. M. Minch ; 1879-81, Charles Kayser. Registers of Deeds— 1847, Ira W. Bird; 1848, J. D. Buggies; 1849, Gabriel T. Long; 1851, James G. Fox; 1853, John B. Sweat; 1855. James G. Fox; 1857, C. Corneliusen ; 1859, FredMohr; 1860, Andrew Pickarts; 1867, John Gibbons: 1871, John H. Clark; 1873, L. J. Grmde; 1877, 0. S. Holum ; 1879-81, C. J. Thorsness. County Surveyors— 1849, D. P. Travis; 1853, R. Babbitt; 1855, William H. Hough; 1859 John Douglas; 1860, T. D. Coryell: 1862, P. W. McCabe; 1865, H. A. Warner; 1867, H Barton; 1869, L. P. Drake; 1871, S. W. Graves; 1875, John Douglas ; 1877, James Melville; 1879, S.W. Graves. > & > , District Attorneys— 1849, Chauncey Abbott ; 1851, George B. Smith; 1853, Samuel R. + Daf i'5 °4'S™'^i"i^™' County SupBrintendents of Poor and i.f County Superintendents of Schools are given elsewere— Ed. T iieceasea, William McConnell elected to fill vacancy. 420 HISTOKY Or DANE COUNTY. Sheriffs— 1849, P. W. Matts; 1851, A. Main; 1853, P. W. Matts; 1855, Andrew Bishop- 1867, John D. Welch ; 1859, Andrew Bishop ; 1860, Albert Sherwin ; 1862, Willett S. Main' 1865, George McDougal; 1867, Willett S. Main; 1869, B. Hancock; 1871, Andrew Sexton' 1873, John Adams; 1875, Wm. C. Riser; 1877, Wm. Charleton; 1879, Phineas Baldwin. ' Coroners— 1849, Martin Mead ; 1851, Charles Wilson ; 1853-54, Andrew Bishop ; 1855- 56, 0. W. Thornton ; 1857-58, B. N. Caswell; 1859-60, Alexander Norman; 1860-61 Alexander Stillwell ; 1862-65, D. D. Carpenter ; 1865-66, William M. Colladay ; 1867 to 1872, P. R. Tierney ; 1873-74, Ira P. Bacon ; 1875-77, John Arians ; 1879, George W. Baxter. Clerks of County Court — The Clerks successively employed in this court have been, Daniel Noble Johnson, Charles Reese, T. J. Widvey, Benton McConnell, Richard Randolph, Gabriel Bjornson, Miss Hattie Bryant, Andrew Daubner, M. B. French, Gabriel Bjornson, Lars J. Grinde and Ada B. Sanborn. Clerks of Circuit Court — October 7, 1889, Simeon Mills, appointed by Judge Irvin ; No- vember 10, 1847, Elisha Burdick, appointed bv Judge Irvin ; 1853, Charles Lum ; 1855, Frank ' H. Firmin ; 1857, Myron T. Bailey ; 1859, Lucius Fairchild ; 1861, J. J. Starks ; 1863, Carl Habich ; 1865, H. A. Lewis ; 1867, H. A. Lewis ; 1869, George W. Stoner ; 1871, L. D. Frost ; 1873, L. D. Frost ; 1875-77, Bernard Esser ; 1877-79, Bernard Esser ; 1879-81, H. Z. Moulton. PIONEER REMINISCENCES.* I.— By John Catlin. The Territorial government of Wisconsin was organized and took effect on the 4th of July, 1836. The Legislature was convened by proclamation of Gov. Henry Dodge, to meet at Bel- mont in November of that year. I was at Belmont during the session when the capital was established by law at Madison, then in the wilderness, with only three white men residing in what is now Dane County. f These wereEbenezer Brigham, Eben Peck (residing with Brigham at the East Blue Mound ), and Abel Rasdall, living at the First Lake, while Michael St. Cyr, a half- breed, had his home at the head of Fourth Lake. The Legislature formed the plan of organizing a Territorial government west of the Mississippi River, and to divide the Territory by that river, which was subsequently accomplished, and the Territorial government of Iowa organized, and this was the main reason for locating the seat of government at Madison, which would be in about the center of the Territory, between the east and the west, if the Territory (now the State of Iowa) should be set off. They had, however, another reason, which was the settlement of the interior, and the opening up of the country at a time when population was greatly to be desired. Provision was made for building a capitol, to be commenced in the spring of 1837, and, by the advice of members of the Legislature, I agreed to locate at Madison, was recommended for and appointed Postmaster, having been previously appointed Clerk of the Supreme Court at its first session, held at Belmont in 1836. I again visited Madison in March [1837, his third visit] where I found Eben Peck drawing logs to erect a house, which was partially completed in April, and in May he moved into it, which was the first house built in Madison that any one lived in. Mr. Peck kept on adding to it until it was capacious enough to entertain, comfortably, the travelers and first settlers who visited Madi- son, and it was then a great accommodation. On the 27th day of May, 1837, I established a post office by appointing Luther Peck as Deputy, and the first mails were opened and the office kept in Eben Peck's house, his being the only family in Madison. In June, 1837, Augustus A. Bird, one of the Commissioners of Public Buildings, arrived from Milwaukee with quite a large number of mechanics, and commenced building a boarding- house, office, steam-mill, store and hotel, preparatory to the erection of the capitol, and very soon the excavation for the foundation of the building was commenced. James Morrison was * The KeminigcenceB by John CatliQ and.Ebenezer Ohilds were written several years ago. Both the writers are now deceaBed.— En. f This is a mistake, as the cenaus in July of that year clearly shows. — Ed. HISTORY OF DANE COUK'TY. 421 the contractor, and Mr. Bird was the Acting Commissioner and Superintendent, and had the general management. A mail route was established between Milwaukee and Mineral Point, and the mail carried on horseback, which first supplied Madison, but afterward the mail route from Galena, 111., to Fort Winnebago, the mail being carried in a two-horse stage, was changed to go by the way of Madison. On the 4th of July, 1837, Simeon Mills was sworn in as Deputy Postmaster, and kept the office in a one-story log building on Lot 8 in Block 108 during that year, and the summer of 1838, until he became a mail contractor on the route between Milwaukee and Madison. The second session of the Legislature was held at Burlington (now in Iowa) in the fall of 1837 and winter ot 1838, where I spent the winter, and was not, therefore, at Madison, but I have been told of the high prices and short supplies that prevailed among the few residents of the town, fc'lour was $20 per barrel, salt $30, but other articles were inore reasonable. Salt and flour had to be hauled from Galena through the timbers and across the prairies, with scarcely any roads for the first forty miles west of Madison. In the spring of 1838, there was some relief to the high prices, but the times were what the men called "hard," as there was no money except "wildcat" and "shin-plasters," which soon ceased to be of value. J. T>. Doty issued his own notes handsomely engraved, which passed current at Madison and in other places and were all redeemed. The wildcat banks of Michigan flooded the new Territory, and, after being put in circulation, soon became of no value, and made the times harder than ever to the new settlers. What gave rise to the "wildcat" and " shin-plasters " was the speculation of 1836-37, caused by the removal of the deposits of the Government from the United States Bank to the State banks, which induced the latter to discount freely and greatly to expand the paper circulation of the country, and in the spring of 1837, President Jackson issued the " specie circular " which arrested the speculation, and a general suspension and failure of the banks was the con- sequence. The third session of the Legislature was held in Madison in Noeember, 1838, two hotels, called the " American " and "Madison," having been erected, together with several private houses for the accommodation of the members. J. A. Noonan published the first paper printed at Madison, called the Wigconsin Enquirer, and was the public printer of the Legislature. The " American Hotel " was kept by Fake & Cotton, and the " Madison " by Charles H. Bird, and the fare was quite passable. There was a number of private houses that boarded members and oflScers of the Legislature. I heard but few complaints of short-commons at that session. On the Fourth of July, 1837, we had an impromptu celebration at Peck's Miinsion House. There were present James D. Doty, Thomas W. Sutherland, E. P. Deacon, two of the Messrs. Schermerhorns, of New York, John Messersmith, Sr., John D. Ansley, Simeon Mills, myself and many others, nearly all accidentally met on the occasion. We had refreshments with cham- pagne, lemonade, punch, toasts and some conversational speeches. It was quite enjoyable, the more so from the absence of clap-trap and parade, and the noise of gunpowder usual upon such occasions. The day was fine, and the country about the Four Lakes- to me, at least, never looked more beautiful. A more enthusiastic company with " great expectations " could rarely be found. ( n- • ^^^ ^Pi'ii'g of 1839, the county of Dane was organized for judicial purposes, and the ''District Court " opened and established by the appointment of Simeon Mills, Clerk — Judge • David Irvin presiding. There was no business to be done, the Legislature having previously passed a "stay law " which for the time being prevented the collection of debts. There was no criminal business for the courts of the Territory for a long time after its organization, and this lact IS greatly to the credit of the early "pioneers " or first settlers ; nor was there much litiga- tion. Almost the first business for the courts and lawyers, grew out of the passage of the bank- rupt act of 1841, which was passed to relieve the unfortunate debtors of the consequences of the speculation of 1836, and the revulsion of 1837. " Hard times " prevailed for many years afterward, and until Benton's " mint drops " came into general circulation. During several 422 HISTORY OF DANE COUNTY. years of general prostration of the country, gold flowed into the country from Europe to fill the vacuum caused by the failure of the banks. Opposition to banks and corporations generally, was one of the cardinal principles of the Democratic party in those days, and the great mass of the Western people were in favor of the doctrine. The hard times continued until 1848, when gold was discovered in California ; and soon after the times began to change, and property began to rise in value. The settlement of Madison and the interior of the State was very slow, until the building of the Milwaukee & Mississippi Railroad, and that caused a great accession of popula- tion and rise in the value of real estate. The State census of 1855 showed the population of the State to be a little over 300,000, and that of 1860 gave 777,000, thus more than doubling the population in five years. Notwithstanding the " hard times " and the impossibility of making money and "getting •along in the world," there was much real happiness and enjoyment among the early settlers; all were friendly, and good will prevailed. The '" almighty dollar " had not then taken possession of their souls to che exclusion of the milk of human kindness for each other, and the expecta- tion of what Madison and the future State of Wisconsin were to be, and the future wealth thej were sure to acquire, kept them in good spirits and made life endurable. The absence of fashion and pride, and the chilling influence of wealth, made^their wants few, and they were content with Mr. Micawber's philosophy of " waiting for things to turn up." There was plenty of leisure for hunting and fishing, and both game and fish were plenty. Let me tell a " fish story " right here, which, luckily for the truth of history, is capable of verifica- cation by a living witness, and many are living who may have heard of it at the time. On the first day of May in 1839, returning from Cottage Grove with La Fayette Kellogg, we discovered ?, large catfish near the shore of the head of Third Lake, and I suggested the idea of stopping to catch him. Mr. Kellogg laughed heartily at the suggestion and said I could not get within two rods of him. I replied that he did not understand the nature of the animal, and that he was sunning, and stupefied by the pleasure. The sun was shining warmly, and the fish was near the top of the water. I waded out quietly, and, putting my hands gently, one under his head, and the other at the tail, lifted him out of the water and landed him safely upon the shore Before he was awake from his stupor. He weighed thirty-five pounds ! Judge Frazer, one of the Judges of the Supreme Court, appointed from Pennsylvania, was a very able Judge, and remarkable for his ability, memory and knowledge of law. A term of the court was to be held at Madison, in July, 1838, at the old Madison Hotel, which was only partially finished. The Judge came on from Pennsylvania to hold the term, but the other Judges, Dunn and Irvin, did not attend. The Judge insisted on opening the court and holding the term as the law required. I informed him that there was no business and no lawyers in attendance. He said that made no difi"erence. It was necessary to adopt rules, and accordingly the court was opened, the Judge dictated from memory, and I wrote the rules, but they were not adopted by the other Judges. The Judge took his departure, and never held another term. He died at Milwaukee, October 18, 1838. Judge A. G. Miller was soon after appointed in his place. Ori the organization of the State government. Judge Miller received the appointment of District Judge of the United States Court for the District of Wisconsin, which he held until his resignation, January 1, 1873, at the age of 72, having held theofiice of United States Judge in Wisconsin — Territory and State — over thirty-five years. The rules of practice for the District Courts of the Territory were prepared by Judge Miller, and were adopted by the Judges of the Supreme Court at the term of 1840. These rules were published in primer form, and were the uniform rules of practice in the several Dis- trict Courts until after the admission of the State into the Union. The only men I remember living in Dane County in 1837, other than the men who came with A. A. Bird to work on the capital, were Ebenezer Brigham at the Blue Mounds, John Kellogg at the same place, the two Pecks, Abel Rasdall at First Lake, Oliver Emell at Second Lake, Abram Wood at Wood's Point, on Third Lake, and St. Cyr at the City of the Four Lakes. Horace Lawrence, I think, came during the same year, and also John Stoner. Berry Haney HISTORY OF DANE COUNTY. 423 lived at Cross Plains. I stayed one night at his place, on my way to Green Bay, in September, 1 RSfi Ab Nichols, who built " The Worser," where the United States Hotel afterward stood, was a noted person in early times, but, on the whole, a very good sort of a man. It was he that named Mineral Point " Shake Rag," from a white cloth that used to be hung out to call the miners to dinner.* n.— By Ebenezer Childs. The year 1837 brought with it a large increase to the population in all parts of the Terri- tory. Early in November, the Legislature met at Burlington, and held a session of some ten weeks. All the members had to travel by land on the west side of the Mississippi. There then were but few settlers from Burlington to Dubuque ; we had to camp out on the prairies when the weather was intensely cold. It was the 20th of January, 1838, we adjourned. I was on a committee to investigate the affairs of the old Dubuque Bank. There was then but one public house in Dubuque, and some five hundred inhabitants. I remained there two weeks on this business, and then started alone for Green Bay. At Mineral Point I met a brother of A. A. Bird, of Madison, who had recently come from there ; I waited for him to return, and accom- panied him. We started, and went as far as my old Worcester County friend, E. Brigham's, at the Blue Mounds, with whom we stayed all night. The next day we started for Madison, but lost our way and traveled all day and most of the night, when we came to a log shanty, where we tarried the remainder of the night, without, however, anything to eat. In the morning, we renewed our journey, and went to Madison. We found A. A. Bird there ; his mother was quite ill and attended by the army surgeon from Fort Winnebago. The house or shanty that Bird lived in was a miserable, cold affair. There were then but three other families in Madison. The doctor from Fort Winnebago designed to return the next day, and wished me to wait for him. I concluded to do so, and crossed Fourth Lake to its head, near Pheasant Branch, and spent the night with W. B. Slaughter, who then lived on the west bank of the lake. The next morning, the doctor came over. We started for the fort, between Slaughter's and which, there was not a single house. I had my conveyance, and the doctor had his with a driver. When about half way, I asked the driver how the doctor stood the cold, for it Was a stinging cold day ; the doctor, who was completely covered up with buffalo robes, made no reply, and the driver, of course, could not answer for him. I drove past them, and, on reach- ing a grove of .timber, I stopped and made a fire. When the other conveyance came up, I went to see the doctor, took the robes off, and found him completely chilled through, and he could not speak. We took him out of the sleigh, he carried him to the fire, and rubbed him a long time before he could spekk. I had a little brandy with me ; he drank some of that, and after awhile he was able to walk, when we again started for the fort. When we arrived at the fort, as we did without further mishap, we found that the thermometer stood 32° below zero. I did not suffer at all with the cold, as I ran most of the way. The next day, I left alone for Green Bay. There was not then a house between Fort Win- nebago and Fond du Lac ; the snow was deep across the prairies. I overtook two Stockbridge Indians, nearly exhausted from fatigue and cold. I carried them in my jumper to the first tim- ber, when we stopped and made a large fire, and left them ; the snow was so deep that my horse could not draw them. They stayed there until the next day, and got home safe. If it had not been for me, they would undoubtedly have perished on the prairie. I arrived at Green Bay safe and sound. There was then but one house between Fond du Lac and Green Bay. III.— By Feeedom Simons, 1880. My father, James H. Simons, was a soldier in the war of 1812. I was born in the war- time, when my father, with others, was fighting for liberty ; hence they gave me the appropriate name of Freedom. Sardis Dudley, my wife's father, was also a soldier, and both were pioneer * Adapted from " A History of Madison, the Capital of Madison, Wisconsin." By D. S. Durrie, pp. 36-41. 424 HISTOEY OP I>ANE COUNTY. settlers of Cayuga County, N. Y. I started from Cayuga County, N. Y., on the 6tb day of September, 1842, with my family, consisting of my wife and three children. I came by way of the Erie Canal and the great lakes. We anchored in the Bay of Milwaukee, a half- mile off shore, on the 17th of September, 1842. There were no docks nor piers there, at that early date, and our only chance of getting ourselves and goods on shore was by a small boat called a lighter. We thought we had paid our fare to Milwaukee, but here was an additional expense. We were pulled over the sand-bar and up the Milwaukee River to Dousman's little one-story warehouse, which, .at that period, accommodated all the freight business of Milwaukee. As there were no public conveyances inland at that early date, the best thing we could do was to charter what was known in those days as a " sucker team," a huge canvas- covered wagon, drawn by five yoke of oxen. After hard, weary traveling over broad marshes, crossing bridges made of tamarack poles, in six days we arrived at Prairie du Sac, the place of our destination. In the spring of 1843, after experiencing an extremely cold and snowy winter, we moved over the Wisconsin River, into Dane County, and settled in what is now the town of Spring- fifeld. Ours was the only house between the outskirts of Madison and the Wisconsin River, a distance of twenty-two miles. North, toward Fort Winnebago, the nearest house was fifteen miles, near where the village of Poynette now stands ; while south, toward Mineral Point, we had neighbors within eight miles. In the fall of 1843, a few settlers came in. In the spring .of 1844, I took part in the election. The voting precinct consisted of all the territory between the Lake Mendota and the Wisconsin River. At this first election, west of Madison, seven votes were polled. I was elected Justice of the Peace, and, through the influ- ence of John Catlin, of Madison, received, the same year, the appointment of Postmaster. In 1845, John M. Babcock, with a large family, George 0. Babcock and I. R. W aterberry came to the Territory. That year, I moved and settled on Section 32, in the town of Dane. I also took a part in the organization of that town, and was elecced to the oflBce of Assessor in the spring of 1846. The tide of emigration having fairly set in in this direction, what was known as Ohio Settlement, from Ohio, was commenced. This was a valuable acquisition. It is seldom that a community is made up of men and women so well qualified for pioneer life. All the men were of a high moral character, and deeply imbued with a Christian spirit, and possessing a liberal education. They wielded a powerful infiuence in shaping the moral andrelig- ious sentiment of the community. There were six men who came first — Miller Blachly, the old gentleman, Dr. Eben Blachly, Jackson Luce, Bell Blachly, William Dunlap and Samuel Bell. Miller Blachly died October 10, 1850. Miss Sarah Blachly was married to Rev. Mr. Bradly, of Siam, in November, 1848. There were many privations, trials and hardships to be endured by the pioneers, and this settlement was no exception to the rule. As one of the important incidents connected with our isolated condition in 1844, I will relate that Capt. Sumner, from Iowa, with seventy cavalry, suddenly, without any previous notice, came galloping up to the door of our house. A short consultation with the Quartermaster served to explain their sudden appearance and quiet the fears of the ladies of our household. They were from Iowa, sent out by the Government to capture the vagrant Indians that had escaped from Turkey River, Iowa, where they had formerly been located by the Government. Many of the Winne- bagoes, disliking their location, had wandered back to their old hunting-grounds. Fortunately for the Captain and his men, and for myself also, I had killed a beef the day before, and the Quartermaster wanted nearly the whole of it, with twenty-two hundred of hay for the seventy horses. The next morning, after paying liberally in silver coin for all their trouble, they sounded the bugle and departed, with many thanks for their hospitable entertainment. They made their way- to Fort Winnebago, the place of their headquarters for nearly two months, while they were gathering up the vagrant Indians. After capturing about two hundred, they returned by the same route, and camped a little north of my house, with the main body of the Indians, while the old chief, Dekorra, his wife and sister, were sent on by team to our dwelling to lodge for the night. These three old people were not prisoners, but went voluntarily, and were well cared for. They were very old, and nearly blind. I shall always remember the stately, gigantic form of HISTORY or DANE COUNTY. 425 the old chief as he came in. We had, what was common in those days, an old-fashioned chim- ney and a large, open fire-place. It was a cold December night, and as the old chief beheld the comfortable, blazing fire on the hearth, he, seating himself, in Indian style, on the floor before it stretched out his hands and cried out, " Wah ! " It was a real pleasure to see the venerable old man enjoy himself at my fireside. His ancient-looking, historic face seemed lighted up with joyful thanks for the kind care received. The next morning, Capt. Sumner and his troops, with the Indians, came along. Noticing the Indians carrying their own guns, I said to the Captain : " Don't you fear they will make you trouble ? " "Ah ! " he said, " I make them pack the guns, and I pack the locks." Another startling incident of that year was the appearance of a few straggling black bears. As I was, one day, dragging on my prairie farm, on Section 32, about one mile from home, I saw a large black hear jump over the fence and put off through the openings. I immediately jumped on to a horse and went to the house, and thence rallied the neighbors. Three or four men constituted the whole party, but they captured old bruin and brought him to my house before sundown. Soon after, another made his appearance in sight of the house. Some passing traveler sighted him. My wife called to me, but when I came the bear was not to be seen. Nothing daunted, I took down the old musket and sallied out like a mighty Nimrod, though there was not the least prospect that the old flint-lock gun would go off; but, lucky for me, I did not see bruin. While I was absent, the bear came around the hill to the house, and within three rods of the front door halted. My wife stood in the door and called to the children to come and see the bear. The animal, from fright or some other cause, sprang up a tree a few feet, but soon came down and trotted off, and was not seen again in the vicinity. Our oldest son is said to be the first boy born in Western Dane. In this year, I made my first trip to the Dekorra Mill, which is worthy of record as showing some of the trials of pioneer life. Two families of the Babcocks wene living in the house with us, they having just come to the country from St. Lawrence County, N. Y. I had raised ray first crop of wheat that year, and, one Friday morning in September, started to find Dekorra Mill. I had heard of it, but had never been there. I knew there was an old Indian trail from Fourth Lake to the Wiscon- sin River, at Dekorra, and ^that this deeply-worn Indian path crossed the old military road somewhere between my place and Ensminger's or Poynette ; that this Indian trail was used as the Dekorra road. So, taking my horse and one of Mr. Babcock's, I started out, and found the Indian trail ; but before night there came up a furious thunder-storm. Just before night, I came to Rowan Creek, and behold, the bridge planks were all burned off" the stringers. Here was a dilemma. The wind was blowing furiously, and the rain was pelting my horses unmerci- fully. I could not go ahead, neither could I go back, for the night was setting in dark. I fixed up my horses and load as well as possible ; but by this time it was so dark I could see my way to the bridge only by the flashes of lightning, while the rain was pouring down upon me. I crossed over on my hands and knees on one of the stringers, for I had seen a shanty on the other side, but it was not inhabited. I thought I might find the mill if I could keep the well-worn tal, and find shelter. I could also make inquiries if there were some other crossing-place. But I saw no sign or light ; and, after traveling two or three miles, I turned back to the creek, spent the night in the old deserted shanty, glad to see the morning light. 1 started out the second day to find Dekorra Mill ; took my back track to the military road, then by Poynette. The distance was about twelve miles, but I could not get my grist till in the night. So on Sun- day morning I must go home, if I did break the Sabbath, for there were three families at home and no flour. When I arrived home, I found they had brought the old coffee-mill into requisi- faon and actually ground wheat enough to make griddle-cakes for the large family. George iJabcock declared they had had one good square meal. . -^^^^ living about eighteen months on our prairie farm, and digging fifty feet for water, without success, I got discouraged and sold out, and, attracted by the cold springs of Spring treek, I bought three "eighties" on Section 4, along the line- of Columbia County, and moved on to them m the spring of 1847 ; but, with no market nearer than Milwaukee, there was little 426 HISTOKY OF DANE COUNTY. encouragement in raising wheat at that early period. Being attracted by the prospect of a smart little town at Lodi, I accepted Judge Palmer's proposition of a donation of two lots on which I was to build a hotel and put up the back wing, 16x24, with a lean-to 12x24 ; I moved into it in January, 1849. IV. By I. H. Palmer, 1880. I was kindly allowed by the Commissioner of Public Works to accompany [in 1837] the expedition to Madison, where I had purchased a farm, and was going to build a house and then return for my wife, whom I had left at Milwaukee. After we had been on our journey five or six days, wading swamps and drenched with the continued rains, we came in view, about nightfall, of a roofed shanty, and you may he sure the sight was a welcome one to us all. The shanty was occupied by a man and his wife, the latter a rare sight since leaving the Cream City. Here another difficulty presented itself. Baking must be done for the thirty -four hungry men. The shanty was small. Our host informed us that himself and wife would do our baking, but that he could accommodate but half the company, and that it would be necessary for them to lie in as compact form as possible in order to get to the different parts of the room for cooking utensils. So, the question was : " Who shall sleep out in the rain to-night ? " That it ivould rain, was a foregone conclusion. It must be remem- bered that the laborers were not of the common class of workmen on public works, who could, as now, be ordered about at will. All were young men, just starting in life, with some means, and looking for homes in the Far West — a class of men who, by their perseverance and sterling worth, have since won for themselves high positions of honor and esteem in the callings they have chosen. A. A. Bird, after a short consultation with his brother, Charles H. Bird (now of Sun Prairie), iuformed the men of the situation, aad said: " Boys, I know it's tough to divide you ! All suffer like men together ; but to ask one-half to take shelter, and the other half to lie out in the rain, is more than we can do." (It was our custom to have a camp-fire, but on account of the scarcity of timber here, we had decided to build no fire at this place.) Immediately, Darwin Clark took his blanket, and, stepping forward, volunteered to sleep out- side. Others, quickly following, the number was soon made up. During the night the rain poured incessantly (as usual) ; but, tired and worn out with the labors of the day, the men forgot their discomforts in sleep. A. A. Bird had previously requested me to wake the sleepers at a stated time each morning, in order to get an early start, for all were alike anxious to reach their destination, and for a sight of the famed four lakes. I accordingly commenced my rounds at an early hour the following morning ;-and, as some of the men were apt to be rather bilious when first awakened, it was advisable to study the character and temper of the different parties. After a little thought, I made my way to Mr. Clark, as that gentleman was known to possess a remarkably large stock of patience, and was seldom, if ever, heard to grumble at the vexations and deprivations attendant upon camp hfe. The previous night, he had selected a mound as a resting-place, against which he now reclined, his head and shoulders elevated, and his feet drawn up sufiiciently to brace his body against the hillock. His pantaloons had been tucked in his boots, which the rain had filled, and was now running over the tops of them, but the sleeper, sweetly oblivious to the disagreeableness of his surroundings, was enjoying his rest as much as any crowned head upon its pillow of eider-down. Oh, how I longed for the power to transfer that scene to canvas ! But time was up, and, though loath to spoil such a scene, I was obliged to awaken him. I called Mr. Clark's attention to hie boots, at which he calmly remarked : "I will have to repair my roof — I see it leaks." This is but one of the many amusing incidents that occurred on our journey to Madison, and which so often proved an antidote for low spirits and the discouragements of pioneer life, by appealing to our sense of the ludicrous. We were in the habit of wrestling, running foot-races and shooting with the Indians, who came across the lakes to spend the day, returning at night to their various homes, scattered HISTORY or DANE COUNTY. 427 along the shores of those picturesque sheets of water whichwe found sleeping in their primeval solitude on our arrival at the City of the Lakes, in emhryo. On one of these occasions, a son of one of the chiefs, while wrestling with Fox, a stage- driver from Mineral Point, was thrown rather violently upon the ground, hurting him consider- ably. The Indian spirit of revenge was roused in an instant, and, leaping to his feet, he threatened to return at night with his father's braves and_ murder us all. No sooner was the threat uttered than Fox sprang upon him, exclaiming, " By thunder, you will not return at night! " and would have killed him on the spot had we not caught him and held him until the young Indian had jumped into his canoe, and was at a safe distance from shore. That he was terribly scared was quite apparent, as, under the vigorous strokes of his paddle, wielded with a power and skill known only to the red man of the forest, his bark shot through the placid waters like an arrow. When we let Fox up, he declared that he should kill him on sight if ever again he met him in Madison. It was a long time before that Indian again appeared on our streets, and not until he was informed that his enemy was in jail for killing Col. Davenport at Rock Island, for whose murder he was afterward hung at Mineral Point. A rather amusing, and at the same time exciting, scene occurred soon after my arrival at Madison, in 18-S7. A Frenchman had purchased a young squaw of an Indian chief for a pony and four gallons of whisky. The pony and whisky were paid down. The liquor was dealt out to the Indians, and the drinking commenced where the capitol now stands. But, while the whisky was fast disappearing, and the Frenchman was waiting with growing impatience for his bride, the young lady was not forthcoming. The old chief was anxious to deliver his daughter to the purchaser as agreed ; but it was soon discovered that the olive-hued maiden had rebelled and hid away. She did not seem to appreciate such a brilliant offer of marriage, and refused to say, in the gentle, obedient spirit of the blushing Minnehaha, " I will follow you, my husband." But the father was not to be thus foiled in accomplishing his purpose. The Frenchman roared and tore around the encampment, where the whisky had now disappeared, like a mad bull, charging the old warrior with deception in allowing the liquor to all be consumed before the squaw was delivered. The chief dispatched his runners in search of the recreant daughter. After a long absence, they returned with the girl, who still offered energetic and warlike resistance to her captors. Then followed an exciting scene. The Frenchman immediately seized her, and attempted to drag her away with him ; the enraged chief commenced beating her with the handle of his hatchet, aiding the Frenchman by push and jerk. Now and then the young squaw, still unsubdued, would make a spring quick as thought, and attempt to free herself from the grasp of her future husband; but he was a powerful man, and held her with an iron grip. At this juncture of the intensely interesting drama, the maiden's brother, who had just returned from a long hunt, made his appearance. He stood a ffew moments with folded arms, silently contemplating the scene ; when the sister, seeing him, gave him an imploring look, and addressed a few words to him, which I could not understand. The next iristant, snatching the glittering tomahawk from his belt, he darted upon the Frenchman, and struck at him with all his might. The Frenchman parried the blow, and, in so doing, sent the toma- hawk whirling through the air. The son was soon overpowered by his father ; and as the happy man led (or dragged) to the altar her whom he had wooed and won under such romantic circum- stances, she bestowed upon him numerous caresses with teeth and nails. But she was soon deposited safely in the canoe, and carried to his wigwam among the Indians, and, after a few days, gracefully accepting her new position, everything went on harmoniously and happily. i mention no names, as I do not care to create a sensation, for a daughter, now forty-two years old, the result of that union, resides within forty miles of Madison, and is highly re- spected. ' s J v.— By Simeon Mills, 1880. ihe life of the men and women who go out to plant civilization, becomes a wild, weird existence, studded with bright hopes of the future, and not wholly unmixed with rural pleasures 428 HISTOBY OF DANE COUNTY. and the keen enjoyment of isolated domestic happiness. It is an experience that admits of no repetition ; the wilderness once broken, there can be no second generation of pioneers. Had we then known, could we have realized at the start that we were composing the open- ing chapter in the history of Dane County, we might have treasured up and preserved a multi- tude of incidents, some of amusement' and some of thrilling interest, to enliven the pages of the future historian, that are now shrouded in darkness, and forever buried with the dead past • incidents that would have given a fresher view of the motives and doings, the quiet repose and startling alarms, the hopes and fears, and the ups and downs, that chequer the daily life of those who break the virgin soil, and mark the paths between isolated dwellings. It is not so at this time, and with the present generation. Now the quick eye and the ready pen of the news-gatherer catches every passing event, and the little waifs are embalmed in printers' ink, and preserved to the world in the daily issue of morning and evening papers. As a rule, all writers of pioneer life that have fallen under my observation, take the rosy view, and paint in glowing colors the noble character and goodness of heart of the first settlers, and the quiet and friendly feelings which so universally prevail in early society, so soon to be succeeded by bickering, quarrels and jealous hates of older and riper communities, as if none but good men and women emigrated to a new country. I apprehend that the men and women "who go before '" do not possess any greater love of their fellow-men, or otherwise differ in character from the great mass of the people amongst whom they were born and bred, except, perhaps, they have inherited a trifle more energy and a little more of the pluck or dare-devil spirit, which is a prominent characteristic of those who elbow back the dusky savage and mate possible the introduction of a more advanced civilization. Circumstances make and unmake men, and so Mr. A. and Mr. B., finding themselves nearest neighbors and living no more than thirty miles apart, naturally, when they meet, take more interest in each other's affairs, and more pleasure in ministering to each other's wants and neces- sities, than they ever did in older States, where farmhouses are often separated by only the width of a highway, or standing but a stone's throw apart. AVhen Mrs. Brown makes her morning call upon her nearest neighbor, having walked, perhaps, a distance of ten miles, think you that she would be received with the same frigid formality which characterizes the " first families " in the older States ? People finding themselves thus situated soon become fast friends, and finally learn to welcome and treat as brothers all strangers coming to their new-made homes. The noble-hearted liberality, the prodigal generosity, so often characterizing the frontier, are qualities born of circumstances that are too often outgrown and too soon forgotten as circumstances change and neighbors' faces become more common and excite less interest. It was my fortune to first set foot on the soil of Wisconsin at Green Bay, in the spring of 1835, on my way around the Upper Lakes to Chicago. In the summer of 1836, in company with John M. Wilson, now one of the Judges ot Chicago, I went to the southwestern part of the Territory of Wisconsin, crossing the Pecatonica on our way, at Baker's Ferry, now Freeport, and entering the territory in what is now Green County, traveling west and southwest to Galena and Dubuque, and thence back to Mineral Point, spending a greater portion of the summer and fall, and a portion of the winter at that place. On the 20th of December, 1836, in company with a young man by the name of Van Horn, I started from Mineral Point to go across the country to Milwaukee and thence to Chicago. We were provided with a good pony and a small French train (in Yankee parlance, a jumper), and the snow being about six inches deep, made the traveling comparatively easy. Our outfit was a hatchet, buffalo robe, blankets, a few cooking utensils, some provisions, and a small quantity of oats for our pony, which so loaded our train that we traveled on foot, except on descending ground and down hill. The weather was extremely cold, the thermometer marbng thirty -two degrees below zero the morning we left the Point. The route we had to travel was about 150 miles, and for a long distance each side of Rock River there was no house, and on HISTORY or DANE COUNTY. 429 the west side no road east of the western part of Green County. But one incident occurred on the route worth remembering, and that I will relate, to show how easily difficulties are overcome when necessity begets invention. Somewhere about the western boundary of Eock County, as near as I can judge from the map we came to a stream that seemed to be fed with springs, and was not frozen over. It was one of those prairie streams which we used to describe in those days as " built edgewise," being about five feet wide and eight feet deep. It had very little current, and we could find no place where we could ford or jump the horse over it. Now, it so happened that a few days before there had been a thaw with a heavy rain, that had caused the stream to overflow its banks, and while in that condition the weather had become cold and frozen it over ; the water subsequently falling back into its channel, had left many acres of loose, dry ice on the low lands along its sides, from two to three inches thick. A bridge must be built, or we could not cross, and the suggestion that the loose ice could be broken up and filled into the channel, making a solid dam that we could cross upon before the water would rise so as to run over it, was no sooner made than adopted and acted upon, and in less than a half-day, by hard work, backing in large cakes of ice, we had filled the deep channel, and the main structure of our temporary bridge was completed. We had no difiiculty in pushing our train over it ; but the loose ice made unstable footing for our pony, and we overcame that difficulty by cutting willow brush to cover the ice, and, having spread our blankets and buifalo robe over the brush, led our horse over " dry shod," and camped for the night. Within a half- hour after we had safely crossed, the water began to run over our dam, and we saw our bridge, not burned, but washed away behind us. We were eight days getting to Milwaukee, camping out four nights ; and six days thereafter we arrived in Chicago. I continued my journey east to Austinburg, Ohio, and remained there until the opening of navigation the next spring, when I again returned to Chicago by water, landing the 1st of June.* MEETINGS OF DANE COUNTY PIONEERS. The days of the pioneers are rapidly passing away, never to return. That there should be a strong bond of friendship, binding together those who, when the country was new, when settle- ments " were few and far between," suffered alike the hardships and toils incident to pioneer times, is not surprising. It is not a matter of wonder that they should desire occasionally to hold social gatherings, to talk over old times, to fight again the battles of the early days, when brave hearts and stout arms were required to change the wilderness to fruitful fields, and make it blossom as the rose. A few such meetings have been held in Dane County. On the 24th of July, 1875, in the village of Oregon, a goodly number of pioneers of the county was assembled, when speeches were made and all were happy. Among the many who joined in the festivities of the occasion were the following : Name. Age, A. Keistard 78 H. R. James 69 H. Soule 56 J. H. Best 54 C. Frisbee 73 E. E. Roberta 64i J. Horton 50 Mrs. J. Horton 51 J. Hause 79 T. S. Champnor 47 T. RenelB ■.'.;'.■."'. 55 S. Johnson 63 William Post .,..."."..... 56 I. Greenwood ...... ., 72 0. W. Oilman ...'.'.'.".'.'.".".'. . 60 L. Shirley 5j Tears in State. 32 25 29 25 32 31 30 27 28 30 35 41 34 27 Residence. Oregon. Rutland. Rutland. Rutland. Oregon. Dunkirk. Rutland. Rutland. Oregon. Rutland. Fitchburg. Dunn. Rutland. Montrose. Union. Union. Name. Age. S. S. Johnson 68 T. Pritchard 68 J. Terwilliger 57 D. Anthony 68 Mrs. D. Anthony 56 J. 0. Hanan 55 Mrs. J. C. Hanan 47 M. Campbell 63 J. DeJean 60 Mrs. J. DeJean 58 S. W. Graves 65 Mrs. S. W. Graves 59 Robert Stone 62 Mrs. M. Case 48 A. Bell 57 Mrs. A. Bell 54 recollectui^rfrnm w^"^"''^^,'!,™?" *° Madison whnre he arrived June 10* 1837. Ho has ever since been a resident of the place, "."iiociions trom Ins pen will be found in a subsequent chapter.— Ed. Tears in State. Besidence. 31 Rutland. 24 Rutland. 30 ■ Fitchburg. 31 Rutland. 35 Rutland. 30 Rutland. 30 Rutland. 35 Dunkirk. 38 Rutland. 38 Rutland. 31 Rutland. 29 Rutland. 40 Fulton. 32 Rutland. 29 Rutland. 29 Rutland. the placs . Interesting 430 HISTORY OF DAXE COUNTY A gathering of the pioneers of the city of Madison, under the auspices of Mr. and Mrs. D. K. Tenney, held on the 24th day of June, 1879, at McBride's Point (now Maple Bluff), was the forerunner of a more extended organization — one that should include the old settlers of Dane County. A notice was therefore published in the Madison papers in the spring of 1880, to "all pioneers and their families who settled in Dane County prior to the 29th of May, 1848 (the date' of the admission of Wisconsin into the Union), or who had made their arrangements to settle in the county or State, and are now residents of Dane County," requesting them to meet, 26tli of June, 1880, at the Schuetzen Park, near the City of Madison — the first of the pioneer meet- ings to be held annually thereafter. Upon that occasion the following persons were present : Simeon Mills, William Welch, R. W. Lansing, William Bird, Philo Dunning, N. B. Van Slyke, Abel Dunning, M. Dunning, Samuel Klauber, E. M. Williamson, David Atwood, H. A. Ten- ney, Ernest Sommers, H. H. Lockwood, A. Morton, H. J. Hill, B. F. Larkin, Daniel Larkin, D. G. Sheldon, A. B. Braley, Samuel Curtis, David Lemmon, J. B. Colton, A. Viall, C. W. Stevens, S. U. Pinney, W. W. Swain, H. D. Groodenow, David H. Wright, J. N. Ames, Darn- ing Fitch, Ira W. Bird, Dr. L. Allman, Halle Steensland, L. D. Brooks, H. L. Foster, E. W. Dwight, Frank A. Ogden, Orvin Brown, Richard L. Chase, G. T. Long, W. J. Ellsworth, George H. Slaughter, C. G. Mayers, M. B. French, M. D. Miller, L. J. Heneka, Charles T. Wakeley, C. W. Butler, William Rasdall, John A. Byrne, D. D. Bryant, John Lewis, Casper Mayer, George M. Nichols, Q. H. Barron, Andrew Bishop, H. M. Lewis, George Bevitt, James W. Sumner, Estes Wilson, William N. Seymour, John George Ott, Conrad Ott, Mr. Dwight, Seth M. Van Bergan, Richard Davis, R. B. Bird and others. On the 14th of July, 1880, the second annual meeting of the Wisconsin Pioneer Association was held in Madison, when the following pioneers from Dane County greeted their fellow- pioneers from other parts of the State : ,, . ,,x, T. - J Year of Arrival NAME. Residence j^ Wisconsin. David H. Wright Madison 1844 Roswell Roe Sun Prairie 1844 Mrs Jane Abbott Oregon 184.S W. N Seymour Madison 1837 S. a. Abbott Oregon 1842 C. F. Weeks Medina 184-5 F. G. Good Cottage Grove 1845 John Douglass Burke 1845 Joseph DeJean Rutland 1837 Mrs. H. A. DeJean Rutland 1845 Samuel G. Curtis Madison 1844 R. J. Atwood Fitchburg 1846 L. L. Adams Fitchburg 1847 Edward Sylvester Vienna 1835 W. W. Tredway Madison 1842 William Doukel Verona 1845 Ira Wilmarth Middleton 1840 David Holt Madison 1843 Urbane Parsons Medina 1847 William Mooney Westport 1847 Joseph Riley Westport 1846 N. Martin ■ Springfield 1847 Albert Gaston Cottage Grove 1846 Cyrus Hall York 1846 Thomas Busbee Black Earth 1847 Isaac Lyon Madison 1841 S. W. Graves Rutland 1844 Mrs. Mary R. Graves Rutland 1846 Archibald Tredway Madison 1842 Robert Davidson Burke 1846 Andrew J. Damp Dane Station 1845 Alexander Wilson , Springfield 1846 John Simons Madison 1847 William A. Wheeler Madison 1837 E. G. Ryan Madison 1842 Jessie Stevens Stoner's Prairie 1845 H. A. Tenney Madison 1845 George JI. Nichols Blooming Grove 1844 Tear of Arrival in WiSCODBiD. 1844 NAME. Eesidence. J. H. B. Matts Verona..., William Vroman Madison 1839 Jasper T. Hawes Madison 1842 Mrs. R. B. Davidson .'.Burke 1846 Mrs. Fanny Parsons Marshall 1848 Mrs. L. L. Adams Fitchburg 1844 Mrs. James Terwilliger Fitchburg 1845 Mrs. Elizabeth Hair Madison 1847 E. j\I. Williamson Madison 1840 N. W. Terwilliger Oregon 1845 James Terwilliger Fitchburg 1845 Mrs. J. A. Wilson Madison 1848 J. S. Frary Oregon 1844 Mrs. H. D. Goodnow Burke 1846 Mrs. E. E. Roberts Dunkirk 1838 Mrs. M. Campbell Dunkirk 1845 E. E. Roberts Dunkirk 1844 M. Campbell Dunkirk 1840 Mrs. E. J. Swain Madison 1843 Mrs. Neeley Gray Madison 1839 Mrs. J. H. B. Matts Verona 1844 Mrs. John Myers Verona , 18*7 Thomas Campbell De Forest 1846 John Adams Mazomanie 1840 Mrs. John Adams Black Earth 1844 Chester Sutherland Fitchburg 1841 Mrs. Catherine Sutherland . .Fitchburg 18« William Vroman Ma'dison 1839 Mrs. Bodermund Madison 1848 H. H. Giles Madison 18** Mrs. James Eiley Westport 18*° Abraham Morton Madison '8*^ Robert W. Lansing Blooming Grove 18m David Atwood Madison 18*' S. Muzzy Medina 1°** W. R. Warren Madison 18»» Mrs. George M. Nichols Blooming Grove 18** HISTORY OF DANE COUNTY. 431 The year 1837 was the beginning of the real immigration to the county — the year when men came with their families to settle here, to make it their future home, to engage in farming and other employments for a livelihood, they looking upon Dane County as their permanent them) only eight are now (November, 1880,) residents of the county ; the others have moved place of abode. Of those who came during that year (and there are none living here who preceded beyond its limits, or have passed to that " undiscovered country from whose bourn no traveler returns." The names of those who are still living in the county are Darwin Clark, Simeon Mills, Charles H. Bird, William D. Bird, William A. Wheeler, G. H. Slaughter, George Stoner and Louis Montandon. TERRITORIAL, STATE AND CONGRESSIONAL REPRESENTATION. I. — Terkitorial Representation. Council— 1838-42, E. Brigham ; 1843-44, Lucius I. Barber ; 1845-46, John Catlin ; 1847-48, A. L. Collins. Bepresentatives. — 1838-40, D. S. Sutherland ; 1840-42, Lucius I. Barber, James Suth- erland; 1842-44, L H. Palmer, L. Crossman, Robert Masters ; 1845, Charles S.' Bristol, Noah Phelps, George H. Slaughter ; 1846, Mark R. Clapp, William M. Dennis, Noah Phelps ; 1847, WilHam A. Wheeler, Charles Lum, John W. Stewart ; 1847-48, E. T. Gardner, Alexander Botkin, John W. Stewart. II. — State Representation. (i). Constitutional Conventions. — The following were members, for Dane County, of the first Constitutional Convention, which assembled at Madison October 5, 1846, and adjourned in December of the same year : -John Y. Smith, Abel Dunning, Benjamin Fuller, George B. Smith, Nathaniel F. Hyer, John Babcock. On the 15th of December, 1847, a second Convention met. The following gentlemen were members for Dane: Charles M. Nichols, William A. Wheeler, William H. Fox. (^). Members of the Senate.— Mntk District — 1848, Simeon Mills ; 1849-50, Alexander Botkin ; 1851-52, E. B. Dean, Jr. Eleventh District— 1853-54, T. T. Whittlesey ; 1855-58, Hiram H. Giles; 1859-60, William R. Taylor; 1861-62, Samuel C. Bean; 1868-66, W. H. Chandler; 1867-68, C. E. Warner; 1869-70, N. Williams; 1871, William M. Colladay. Twenty-sixth District— 1857, Hiram C. Bull; 1858-59, Andrew Proudfit; 1860-61, John B. Sweat; 1862-63, B. F. Hopkins; 1864-65, Thomas Hood; 1866-67, James K. Proudfit; 1868-69, Carl Habich ; 1870-77, R. E. Davis ; 1878-79, Matt Anderson ; 1780-81, Matt Anderson. Seventh Distrijct— 1872, William M. Colladay ; 1873-74, J. A. Johnson ; 1875- 76, George E. Bryant. Twenty-fifth District— 1877-78, George B. Burrows; 1879-80, George B. Burrows. {3). Members of Assembly. — 1848, Henry M. Warner, Ebenezer Brigham, Samuel H. Roys ; 1849— Charles Rickerson, Ira W. Bird, Samuel H. Roys ; 1850, John Hasey, Chaun- cey Abbott, Oliver B. Bryant; 1851, Abram A. Boyce, Augustus A. Bird, Gabriel Bjornson ; 1852, Alexander Botkin, Hiram H. Giles, William A. Pierce ; 1853, M. Roache, H. Barnes, Storer W. Fields, P. C. Burdick, H. L. Foster; 1854, Samuel H. Baker, H. Barnes, H. S. Orton. P. W. Matts, C. R. Head; 1855, L. B. Vilas, J. Mosher, S. G. Abbott, G. P. Thomp- son, W. R. Taylor ; 1856, Augustus A. Bird, George P. Thompson, Augustus A. Hunting- ton Wilham M. Colladay, Charles R. Head; 1857, John A. Johnson, Robert W. Davison, Kobert P. Main, John B. Sweat, Horace A. Tenney, Nathaniel W. Dean ; 1858, Daniel B. Orandall, John W. Sharp, Storer W. Field, Henry K. Belding, Frank Gault, Alexander A. McUonell ; 1859, William W. Blackman, Adam Smith, John Keenan, Chester N. Waterbury, ttarlow S. Orton, George B. Smith ; 1860, William W. Blackman, Eleazer Grover, Jr., John H fiu ^f^^'^ Fischer, Leonard J. Farwell, Cassius Fairchild ; 1861, Sereno W. Graves, W. tt. ^Mer, Edward W. Dwight, Fred. A. Pfafi". Dominick O'Malley, David Atwood ; 1862, '^- b. Adams, W. H. Chandler, A. S. Sanborn, N. M. Matts, B. Jussen ; 1863, Charles R. 432 HISTORY OF DANE COUNTY. Head, W. H. Miller, A. S. Sanborn, George Wright, George Hyer ; 1864, W. W. Blackman W. H. Miller, A. S. Sanborn, G. Wright, George B. Smith ; 1865, William M. Colladay, A.' A. Boyce, David Ford, John S. Frary, James Ross ; 1866, W. D. Potter, J. M. Flint, G. H. Slaughter, W. Charleton, B. F. Hopkins ; 1867, Isaac Adams, J. M. Flint, Frank Gault, Hugh Cathcart, E. Wakeley ; 1868, N. Williams, Knute Nelson, Frank Gault, G. ToUefson, L; B. Vilas; 1869, J. E. Johnson, Knute Nelson, J. Adams, Andrew Henry, George B. Smith; 1870, C. E. Loveland, W. H. Chandler, J. Adams, J. R. Crocker, A. S. Sanborn; 1871, L. 0. Humphrey, K. 0. Heimdal, M. Anderson, 0. Torgerson, H. S. Orton ; 1872, Benjamin F. Adams, John D. Gurnee, John Adams, Phineas Baldwin ; 1873, Oliver W. Thornton, Levi B. Vilas, Otto Karl, Hiram H. Cornwell ; 1874, John Johnson, Philo Dunning, John B. Kehl, Michael Johnson ; 1876, Isaac Adams, S. U. Pinney, David Ford, Michael Johnson ; 1876, Will- iam Seamonson, William Charleton, 'Peter Zander, Michael Johnson ; 1877, Michael Johnson, Phineas Baldwin, George Weeks ; 1878, Edwin E. Bryant, John Lyle, John OUis ; 1879, M, Theisen, B. E. Hutchinson,. Charles G. Lewis; 1880, John H. Tierney, Thomas Beattie, Charles G. Crosse. III.— Congressional Representation. The act of Congress, approved April 20, 1836, organizing the Territory of Wisconsin, con- ferred upon the people the right to be represented in the National Congress by one delegate, to be chosen by the votes of the qualified electors of the Territory. Under this authority, the Ter- ritory was represented by the following delegates : George W- Jones, elected October 10, 1836 ; James Duane Doty, September 10, 1838 ; James Duane Doty, August 5, 1840 (Doty after- ward resigned, he having been appointed Governor of the Territory by President Tyler September 13, 1841) ; Henry Dodge, September 27, 1841 ; Henry Dodge, September 25, 1843; Morgan L. Martin, September 22, 1845, and John H. Tweedy, September 6, 1847. By the Constitution, adopted when the Territory became a State, in 1848, two represent- atives in Congress were provided for by dividing the State into two Congressional Districts, the First District being composed of the counties of Milwaukee, Waukesha, Jefferson, Racine, Wal- worth, Rock and Green ; the Second District, of Washington, Sheboygan, Manitowoc, Calumet, Brown, Winnebago, Fond du Lac, Marquette, Sauk, Portage, Columbia, Dodge, Dane, Iowa, La Fayette, Grant, Richland, Crawford, Chippewa, St. Croix and La Pqinte. Under this authority, an election was held May 8, 1848, and William Pitt Lynde was elected member of Con- gress from the First District ; Mason C. Darling, of Fond du Lac, for the Second District. The people, therefore, then residing within the limits of Dane County, were represented in the Thir- tieth Congress by Dr. Mason C. Darling. At the first session of the State Legislature, which continued from June 5 to August 21, 1848, the State was divided into three Congressional Districts, Dane County falling into the Second District, composed of the counties of Rock, Green, La Fayette, Grant, Dane, Iowa, Sauk, Richland, Crawford, Adams, Portage, Chippewa, La Pointe and St. Croix. This appor- tionment continued unchanged until 1861. The Second District was represented during that period as follows: Thirty-first Congress, 1849-51, Orsamus Cole; Thirty-second Congress, 1851-53, Benjamin C. Eastman ; Thirty-third Congress, 1853-55, Benjamin C. Eastman ; Thirty-fourth Congress, 1855-57, Cadwallader C. Washburn ; Thirty-fifth Congress, 1857-59, Cadwallader C. Washburn ; Thirty-sixth Congress, 1859-61, Cadwallader C. Washburn ; Thirty- seventh Congress, 1861-63, Luther Hanchett, who died November 24, 1862, and Wa;lter D. Mclndoe was elected to fill the vacancy, December 30, 1862. At the fourteenth session of the Legislature of Wisconsin, continuing from January 9 to May 27, 1861, the State was divided into six Congressional Districts, Dane County falling into the Second District, composed of the counties of Rock, Jefferson, Dane and Columbia. For the next ten years, the Second District was represented in Congress as follows : Thirty-eighth Congress, 1863-65, Ithamar C. Sloan ; Thirty-ninth Congress, 1865-67, Ithamar C Sloan ; Fortieth Congress, 1867-69, Benjamin F. Hopkins ; Forty-first Congress, 1869-71, Benjamin HISTORY OF DANE COUNTY. 435 F. Hopkins, who died January 1, 1870, and was succeeded, February 15 of same year, by David Atwood; Forty-second Congress, 1871-73, Gerry W. Hazleton. The present Congressional apportionment was made at the twenty-fifth session of the Legis- lature of Wisconsin, continuing from January 10 to March 27, 1872, when the State was divided into eight districts, Dane County again falling into the Second District, composed of the counties of Jefferson, Dane, Sauk and Columbia. In the Forty-third Congress, 1873-75, the district was represented by Gerry W. Hazleton ; in the Forty-fourth, 1875-77, by Lucien B. Caswell ; in the Forty-fifth, 1877-79, by Lucien B. Caswell ; in the Forty-sixth, 1879-81, by Lucien B. Caswell. STATE INSTITUTIONS IN DANE COUNTY. I.— The State University. This institution located in Madison, was founded upon a grant of seventy-two sections of land made by Congress to the Territory of Wisconsin. The law required the Secretary of the Treasury to set apart and reserve from sale, out of any public lands within the Territory of Wisconsin, " a quantity of land, not exceeding two entire townships, for the support of a university within the sa'.d Territory, and for no other use or purpose whatsoever ; to be located in tracts of land not less than an entire section, corresponding with any of the legal divisions into which the public lands are authorized to be surveyed." The Territorial Legislature, at its session in 1838, passed a law incorporating the " University of the Territory of Wisconsin," locating the same at or near Madison. At the same session, a board of visitors was appointed, consisting of the following persons: The Governor and Secretary of the Territory, the Judges of the Supreme Court and the President of the University, ex-ofiBcio, and B. B. Gary, Marshal M. Strong, Byron Kilbourn, William A. Gardner, Charles R. Brush, C. C. Arndt, John Catlin, George H. Slaughter, David Brigham, John F. Schermerhorn, Will- iam W. Coryell, George Beatty, Henry L. Dodge and Augustus A. Bird. Nothing, however, was done by this board, although they legally remained in ofiBce until the organization of the State Government. In 1841, Nathaniel F. Hyde was appointed Commissioner to select the lands donated to the State for the maintenance of the university, who performed the duty assigned to him in a taost acceptable manner. Section 6 of Article X of the State Constitution provides that " provision shall be made by law for the establishment of a State University at or near the seat of government. 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." Immediately upon the organiza-tion of the State government, an act was passed repealing the law establishing the " University of the Territory of Wisconsin," and incorporating the State University. A board of regents was appointed, who organized the institution by the election of John H. Lathrop, LL. D., as Chancellor, and John W. Sterling, A. M., as Professor. The first Board of Regents, consisted of the following gentlemen : A. L. Collins, E. V. Whiton, J. H. Rountree, J. T. Clark, Eleazer Root, A. H. Smith, Simeon Mills, ^Henry Bryan, Rufus King, Thomas W. Sutherland, Cyrus Woodman, Hiram Barber and John Bannister. The university was formally opened by the public inauguration of Chancellor Lathrop, Jan- uary 16, 1850. A preparatory department was previously opened under the charge of J. W. Sterling, Professor of Mathematics. In 1849, the regents purchased 157J acres for the university site. It was the northwest quarter of Section 23, in Township 7 north, of Range 9 east, in Dane County, excepting there- from a small portion which had been laid off as a part of the city of Madison. In 1851, the north dormitory was completed and the first college classes formed. In 1854, the south dormitory was erected. These buildings were built from the income of the university tund, without any appropriation on the part of the State, and in dirfect violation' of the act of 436 HISTORY OF DANE COUNTY Congress granting these lands to Wisconsin for the " support of a university," and "for no other use or purpose whatsoever." Owing to the fact that the lands comprising the original grant had produced a fund wholly inadequate to the support of the university, in 1854 a further grant of seventy-two sections of land was made by Congress to the State for that purpose. In these two grants there were 92,160 acres of land, of which there had been sold, prior to September 30, 1876, 74,178, acres for the net sum of $264,570.13. Of this sum there were taken $104,339.43 to pay for the build- ings, the State having previously allowed the university to anticipate its income to that amount. This unwarranted reduction of its productive fund so crippled the university that its future use- fulness was seriously impaired, if its very existence was not endangered. In 1859, the central edifice, known as the University Hall, was finished at a cost, including the necessary work for its surroundings, of over $60,000. The Secretary of State, in his annual report for 1866, sets forth the condition of the institution at that time in the following forcible language : " Although the fact may seem startling and contrary to general impression, yet it is no less true that the State of Wisconsin has never made an appropriation of one dollar toward the sup- port of its own university. But it has nevertheless charged the university fund income with the expenses of taking care of its lands and keeping an account of its funds. By reference to the disbursements of this fund, which may be found in the several reports of the Secretary of State for years past, it will l)e seen that a sum amounting to over $10,000 has thus been withdrawn from a fund too small to meet the necessary expense of sustaining the institution as the credit and good name of the State demand that it should be sustained. But, in addition to this, under the provisions of Chapter 268, Laws of 1862, one-half of the university fund itself, upon the interest of which the support of the university depended, was sunk into oblivion, thus reducing the income from $18,897.70 in 1861, to $13,005.56 in 1862, and to $11,540.90 in 1863, which has since been about the average. The amount of university fund income on hand September 30, 1866, was $5,501.47. This, with $144.93 belonging to the income of the Agricultural College Fund, constitutes the whole amount at the disposal of the Regents for defraying the current expenses of the university for the year commencing October 1, 1866, and ending June 30, 1867." In 1866, the university was completely re-organized, so as to meet the requirements of a law of Congress passed in 1862, providing for the endowment of agricultural colleges. That . act granted to the several States a quantity of land equal to 30,000 acres for each Senator and Representative in Congress, by the apportionment under the census of 1860. The lands received by Wisconsin under this act of Congress, and conferred upon the State University for the support of an agricultural college, amounted to 240,000 acres, making a total of 332,160 acres of laiid, donated to this State by the General Government for the endow- ment and support of this institution. Had this magnificent grant been properly managed, it would have yielded a productive fund of at least $1,000,000. But, instead of. holding these lands as a sacred trust, to be disposed of only in the interests of the university, the Legislature sacrificed to the cupidity and avarice of lobbyists and speculators this rich inheritance of the children of Wisconsin. " For the purpose of encouraging immigration," the 92,160 acres, com- prising the first two grants, were appraised so low as to come in competition with Government lands, and large tracts were bought up on speculation for $3 an acre, which would to-day brmg $25. Nearly one-half the sum derived from this ruinous sale was then, in violation of the terms of the original grant, applied to the erection of buildings, which the State was under every obh- gation to furnish. The same policy, on the part of the Legislature, characterized the manage- ment of the grant for an agricultural college. These lands were located, and put upon the market, at $1.25 per acre, and the most valuable of them promptly purchased on speculation; while the lands located within this State, under the samp grant by the Trustees of the New York Agricultural College, have been held at their market value, and have been sold at from $8 to $25 an acre. This serves to illustrate the manner in which the State managed the munificent funds intrusted to its guardianship for the support of its University. HISTORY OF DANE COUNTY. 43T Up to the time of its re-organization, the university had not received one dollar from the State» or from anv municipal corporation. In pursuance of a law passed in 1866, Dane County issued bonds to the amount of $40,000, for the purchase of about 200 acres of land contiguous to the university grounds, for an experimental farm, and for the erection of suitable buildings thereon. The next winter the Legislature rendered the university partial justice, by passing a law which appropriated annually, for ten years, to the income of the university fund, $7,303.76, that being the interest upon the sum illegally taken from the fund by the law of 1862, to pay for the erection of buildings. This appropriation dates the inauguration of a more liberal policy toward the university, which was enabled to increase its instructional force, and adapt its course more nearly to the educational wants of a progressive people. In 1870. the Legislature appropriated $50,000 for the erection of a female college. The entire cost of the structure was less than $47,000. In order to comply with the law granting lands for the support of agricultural colleges, the uni- versity was compelled to make large outlays in fitting up laboratories, and purchasing the appar- atus necessary for instruction and practical advancement in the arts immediately connected with . the industrial interests of the State, a burden which the Legislature very generously shared, by making a further annual appropriation, in 1872, of $10,000, to the income of the university fund. Under these more favorable auspices, the institution rapidly grew in public favor. Its course of study met the popular demand for higher culture, and its successful management inspired confidence and gave promise of greater usefulness. In its report for 1874, the board of visitors, made up of intelligent and practical men from all parts of the State, said : ' A hall of natural sciences is just now the one desideratum of the university.' 'It can never do the work it ought to do, the work the State expects it to do, without some speedily increased facilities.' The Legislature promptly re.'sponded to this demand, and at its next session appropriated $80,000 for the erection of a building for scientific purposes. It was completed in 1877, at a cost, exclu- sive of steam and water, of a little less than the amount appropriated for its construction. In order to permanently provide for deficiencies in the university fund income, and to establish the institution upon a firm and enduring foundation, the Legislature of 1876 enacted: " That there shall be levied and collected, for the year 1876, and annually thereafter, a State tax of one-tenth of one mill for each dollar of the assessed valuation of the taxable property of this State, and the amount so levied and collected is hereby appropriated to the university fund income, to be used as a part thereof." This was in lieu of all other appropriations for the benefit of this fund, and all tuition fees: for students in the regular classes were abolished by this act. Organization. — The University of Wisconsin, as now organized, comprises the College of Letters and the College of Arts. College of Letters. — This college embraces the departments of Ancient Classics, of Modern Classics, and of Law. In the department of ancient classics, the course embraces the ancient classics, mathematics,; natural science, English literature and philosophy. In the depart- ment of modern classics, German and French take the place of Greek. The studies ar& arranged to give students a good knowledge of those languages and their literature, and to fit them to engage in the duties of instruction, or to prosecute to advantage professional studies. The department of law was organized in 1868, and at once went into successful operation". The city of Madison furnishes superior advantages for a law school. The Circuit and District Courts of the United States, and the Circuit Court for Dane County, and Supreme Court of the- btate are held at Madison The law library of the State is at all times accessible to the stu- f t n °' <'°"'''^ are held each week throughout the course, under the personal supervision ot the Dean of the Faculty. The special work assigned students in the drafting of instru- ments is examined and criticised before the class. The method of instruction is by lectures^ and examinations upon portions of text-books assigned as lessons. Doubtful questions of lav ^e given as special topics to be carefully worked up by the student and presented to the class, large number of the students is connected with some one of the various law oflBces in the city wnere they receive personal instruction and aid. 438 HISTOEY OF DANE COUNTY. College of Arts. — This college is organized under the law of 1866. It is designed to provide not only a general scientific education,^ but also for such a range of studies in the appli- cation of science, as to meet the wants of those who desire to fit themselves for agricultural mechanical, commercial, or strictly scientific pursuits. The courses of study are such as to insure a sound education in the elements of science, and at the same time to give freedom in the selection of studies according to the choice of the individual student. As higher demands are made, they will be met by adding to the list of elective studies, and by the enlargement of the faculty of arts, so as to form distinct colleges, as provided for in the act of re-organization. This college embraces the departments of general science, agriculture, civil engineering, mechanical engineering, mining and metallurgy and military science. The department of general science embraces what is usually included in the scientific course of other colleges. It is the design of the university to give in the department of agriculture a thorough and extensive course of scientific instruction, in which the leading studies shall be those that relate to agriculture. The instruction in this course will be given with constant reference to its prac- tical applications, and the wants of the farmer. The university farm is used to aid this department in conducting experiments in agriculture and horticulture. Students can enter the department of agriculture, as all other departments of the university, at any time, upon examination ; can pursue such studies as they choose, and receive a certificate of attendance. The analytical laboratories are connected with this department, The object of the department of civil engineering is to give students such instruction in the theory and practice of engineering as to fit them, after a moderate amount of work in the field, to fill the most responsible positions in the profession of the civil engineer. The instruction in the department of mechanical engineering is comprised under three heads : First, lectures and recitations in the lecture-room ; second, exercises in the drawing-room ; third, work- shop practice. A machine-shop is open for the admission of students. In the department of mining and metallurgy, the object is to furnish instruction in those branches of science, a thorough knowledge of which is essential to the intelligent mining engineer or metallurgist. It is designed to give the student the option of making either mining, engineer- ing or metallurgy the most important part of his course, and to this end parallel courses have been laid out. The object of the department of military science is to fit its graduates to perform the duties of subaltern officers in the regular army. Post-Grraduate Course. — The object of this course is to secure a higher grade of scholar- ship in literature and science than it seems possible to attain within the limits necessarily pre- scribed to a four-years course. Bachelors of Art, Science and Philosophy, are admitted as candidates for appropriate degrees. They must devote two years' study under the direction of the President and Faculty, and pass a satisfactory examination. The studies are optional, but they must be selected from at least two sections, and the studies in some one section must be con- tinued during the whole course. Astronomical Observatory. — The fourth section of the act of 1876, to permanently provide for deficiencies in the university fund income, is as follows : "From and out of the receipts from said tax, the sum of $3,000 annually shall be set apart for astronomical work and for instruction in astronomy, to be expended under the direction of the Regents of the University of Wisconsin, so soon as a complete apd well-equipped observatory shall be given the University, on its own grounds, without cost to the State : Provided, that such observatory shall be completed within three years from the passage of this act." The astronomical observatory, the construction of which was provided for by this act, has been erected by the wise liberality of C. C. Washburn. It is a beautiful stone building. It is finely situated and well fitted for its work. Its length is eighty feet, its breadth forty-two feet and its height forty-eight feet. A spacious ante-room opens on the right into a computing-room, on the left into a transit-room, and in front into the base of the tower. Over the door to the rotunda is a marble tablet, bearing this inscription : HISTOKY OF DANE COUNTY. 439 "Erected and furnished A. D. 1878. by the munificence of Cadwallader C. Washburn, and by him presented to the University of Wisconsin — a tribute to General Science. In recog- nition of this gift, this tablet is inserted by the Regents of the University." Stairs ascend from the^nte-room below to the ante-room above, which opens into the dome. This contains the great telescope. Especial pains have been taken with the pier which supports the instrument and with the machinery by which the dome is revolved. The telescope has a sixteen-inch object-glass. This size is a most desirable one for the great mass of astronomical work. It was constructed by the Clarks, at Cambridge. Prof. James C. Watson is in charge of the Observatory. ^ On Observatory Hill, extensive improvements are in progress. Upon the east end of the Washburn Observatory an addition is being built, as large as the original building, and of a similar stvle of architecture. In this new structure will be Professor Watson's library and his computing instruments, while a reception-room and computing-room will be the special features. An addition of the same size and style will be projected from the west end of the observatory next year, so that by another twelve months the institution will be just three times the size originally planned. The western addition will be devoted to an extension of the transit instru- ments. A small observatory, purely for class instruction, has been erected by Professor Watson across the carriage drive, to the northeast of the main structure. The Professor desires the observatory proper, with its magnificent appointments, now on hand and being manufactured in Cambridge, Mass., for exclusive use in his planetary investigations ; hence the erection of a class observatory wholly unconnected with the principal building. At the foot of the first hill slope, in front of the entrance to Washburn Observatory, the Professor is erecting, at his own expense, the Watson Solar Observatory, a novelty in astronom- ical investigation. It is generally known that from the bottom of a deep well the stars can'be very plainly seen at bright noonday. Upon this principle. Professor Watson is conducting his experiment. A cellar, twenty feet in depth, has been sunk below the surface of the ground, at the bottom of the slope ; over this a fine stone building is being erected. At the top of the hill, which is about sixty feet above the bottom of the cellar, powerful reflectors are to be placed, to throw rays of light down a large tube which ends in the cellar, where the observer will be stationed. This method of mirror reflection is an invention of the Professor's, pure and simple, and is the result of extended individual experiment. It is thought that by this means, which is in effect the same as gazing at the heavens through a telescope located in the bottom of a well, observations of the sun and its vicinity can be taken better than ever heretofore obtained. This experiment of Professor Watson's is entered into because of his strong desire to learn more about the inter-Mercurial planet, Vulcan, the existence of which he has no doubt of; being particularly confirmed in his opinion by an observation made two years ago, during the total eclipse of the sun. If at all successful in his experiment, the Professor will no doubt discover other planets in the neighborhood of the sun, wholly unknown to present astronomy. This experimental solar observatory is, as before stated, being built at Professor Watson's individual expense ; the work on the building is being done by the day, under his own supervision. It will cost, exclusive of any ihstruments or internal fittings, nearly $3,000. The addition on the east side of Washburn Observatory is being constructed under the supervision of the contractor, Mr. James Livesey. The Magnetic Observatory. — In the year 1875, the Regents received an application from the Coast Survey Department of the United States for the erection of a magnetic observatory upon the university grounds. The proposal was accepted and the building erected. Ihe specific object sought to be accomplished by this magnetic observatory is a continuous and reliable record of the variations in the direction and intensity of the earth's magnetic force, by means of photographic self-registration. The instruments provided by the Government are similar to those used in Greenwich, Paris and other European localities for a like purpose. The buildmg is adapted to the object by being located apart from all other structures, entirely under ground, and built without iron. The floor of the instrument-room is 16xl8J feet in superficial 440 HISTORY or DANE COUNTY. area, and this room is protected from exterior influences by an arched ceiling six feet or more be- neath the surface of the ground, and by an air-chamber, inclosed at the sides by heavy stone walls and at the top by brick-work. Both inner and exterior walls are firmly laid in hydraulic cement, and are thus rendered impervious to moisture and exempt from changes in atmospheric temperature Ventilation is secured by means of pipes leading from the floor to the surface above, and a flue connecting with the surrounding air space. Water for photographic operations and sewerage is also provided for by pipe connections, simple and efficient in arrangement, and the interior is perpetually lighted by the burners provided for photographic registration. While the results anticipated from the series of observations undertaken by the Government in this line of investigation are likely to prove of the highest scientific and practical importance, the aid given by the university has been merely nominal. The contract for building the assembly hall and library building was let to John Bently & Son, contractors, of Milwaukee, early in September, 1878. The plan and specifications were drawn by D. R. Jones, architect, of Madison, Wis. The assembly hall is one story high, with a gallery ; it is built in modern Gothic style, of Madison stone, trimmed with Lake Superior brown sandstone, and presents an imposing appearance. Its tower contains a clock and bell. The size of this building is, in its extreme length each way, about seventy-two feet. It has a seating capacity of 600 in the audience-room and 200 in the gallery. The library department is one story, also, with a gallery, and is built of the same material as the assembly hall, with which it is connected. It has also the same general style, and is no wise inferior in its archi- tectural appearance to that department. The size is 50x75 feet. It has a capacity of 60,000 volumes, and is arranged with alcoves and well lighted. Regents. — The following-named gentlemen have, at diff^erent times since the organization of the university, acted as Regents : John H. Lathrop, A. L. Collins, E. V. Whiton, J. H, Rountree, J. T. Clark, E. Root, A. H. Smith; Simeon Mills, Henry Bryan, Rufus King, T. W. Sutherland, Cyrus Woodman, Hiram Barber, John Bannister, N. W. Dean, A. H. Smith, G. Aig- ner, J. D. Ruggles, Alonzo Wing, E. B. Woolcott, C. Abbott, L.B. Vilas, J. P. Atwood, Charles Dunn, A. T. Gray, B. Wakeley, H. A. Wright, Nelson Dewey, E. M. Hunter, A. C. Barry, B. Brown, A. L. Castlemau, D. W. Jones, Samuel L. Rose, E. S. Carr, J. G. McMynn, J. L. Pickard, H. A. Tenney, L. C. Draper, Henry Barnard, 0. M. Conover, Moses M. Davis, H. C. Hobart, Carl Sohurz, L. P. Harvey, B. E. Hutchinson, Theodore Prentiss, E. Salomon, J. W, Stewart, M. Frank, J, T. Lewis, H. D. Barron, G. B. Eastman, D. Worthington, Lucius Fair- child, G. W. Hazelton, H. S. Magoon, D. H. Muller, H. P. Strong, Charles Thayer, M. B. Axtell, J. S. Burgh, Angus Cameron, J. C. Cover, Samuel Fallows, B. R. Hinckley, C. S. Hamilton, J. Hadley, J. B. Parkinson,' A. L. Smith, J. R. Brigham, R. B. Sanderson, F. 0. Thorp, ]Sr. B. Van Slyke, John Lawler, J. C. Gregory,* A. Van Wyck, James M. FJower, H. H. •Gray, H. K. Smith, J. M. Bingham,* W. W. Field, G. H. Paul,* H. G. Winslow,P. A. Orton, T. B. Chynoweth, Edward Searing, M. Keenan, Conrad Krez, T. D. Steele, J. K. WiUiams, Matthew Keenan, J. B. Cassoday,* W. E. Carter,* E. W. Keyes,* George Koeppen,* L. B. Sale,* Hiram Smith,* C. C. Washburn,t W. C. Whitford,* Charles D. Parker.* The following persons have served as President of the Board of Regents : Eleazer Root, pro tem., elected October 7, 1848 ; John H. Lathrop, ex oificio, assumed the duties of his office November 21, 1849 ; Henry Barnard, ex officio, met with the board, for the first time, February 8, 1859 ; Louis P. Harvey, pro tem., elected January 16, 1861 ; James T. Lewis, pro tem., elected January 15, 1862 ; Josiah L. Pickard, pro tem., elected June 24, 1862 ; John G. Mc- Mynn, pro tem., elected January 18, 1865; Edward Salomon, elected June 27, 1866; Charles S. Hamilton, February 10, 1869 ; George H. Paul, March 11, 1875 ; James M. Bingham, November 20, 1877, and Cadwallader C. Washburn, June 17, 1879, and is still in office. Julius T. Clark was elected Secretary October 7, 1848 ; James D. Ruggles, September 25, 1856; David H. Tullis, June 26, 1861 ; Thomas S. Allen, ex officio, entered upon the duties oi *In dflfice at the preBent time (August, 1880). fLife member. HISTOEY OF DANE COUNTY.'; 441 Secretary June 27, 1866 ; John S. Dean, elected February, 1869, and continues to the present time in office. John H. Rountree was elected Treasurer October 7, 1848 ; Thomas W. Sutherland, Janu- ary 16, 1849 ; Simeon Mills, November 21. 1849 ; William N. Seymour, January 31, 1856 ; Nathaniel W. Dean, January 20, 1858 ; Timothy Brown, September 30, 1861. The Treasurer of State ex officio, began the discharge of the duties of Treasurer of the Board of Regents June 27, 1861, since which time the position has been filled by State incumbents. Faculty. — John H. Lathrop, LL. D., Professor of Ethics, Civil Polity and Political Econ- omy, from 1849 to 1850; John W. Sterling, LL. D., Mathematics, Natural Philosophy and Astronomy, from 1848 to 1867 ; of Natural Philosophy and Astronomy, from 1867 to 1874 ; of Mathematics from 1874 to present time. 0. M. Conover, A. M., Ancient Languages and Literature, from 1852 to 1858 ; S. P. Lathrop, M. D., Chemistry and Natural History, 1854; Daniel Read, LL. D , Mental Philosophy, Logic, Rhetoric and English Literature, from 1855 to 1867 ; Ezra S. Carr, M. D., Chemistry and Natural History, from 1855 to 1868 ; John P. Fuchs, M. D.. from 1855 to 1856 ; Auguste Kursteiner, J. U. C, Modern Languages, from 1857 to 1859 ; James D. Butler, LL. D., Ancient Languages and Literature, from 1858 to 1867 ; David Boswell Reid, M. D., F. R. S., E., Physiology and Hygiene, from 1859 to 1861 ; Joseph C. Pickard, A. M., Modern Languages and Literature, from 1859 to 1861 ; Normal In- struction, from 1863 to 1865; Paul A. Chadbourne, M. D., D. D., LL. D., Mental and Moral Philosophy, from 1867 to 1870 ; William F. Allen, A. M., Ancient Languages and His- tory, from 1867 to 1870 ; Latin and History, from 1870 to present time ; T. N. Haskell, A. M., Rhetoric and English Literature, from 1867 to 1868 ; John B. Parkinson, A. M., Mathematics, from 1867 to 1872 ; Civil Polity and International Law, from 1873 to 1874 ; Civil Polity and Pditical Economy, from 1876 to the present time ; Stephen H. Carpenter, LL. D., Logic, Rhetoric and English Literature, from 1868 to 1874 ; Logic and English Literature, from 1874 to Decem- ber 8, 1878, when he died ; John B. Feuling, Ph. D., Modern Languages and Comparative Phil- ology, from 1868 to March 10, 1868, the day of his death ; Col. W. R. Pease, Military Science and Civil Engineering from 1868 to 1869; W. W. Daniels, M. S., Agricultural and Analytical Chemistry, from 1868 to 1874 ; Agriculture and Chemistry, from 1874 to the present time ; John E. Davies, A. M., M. D., Natural History and Chemistry, from 1868 to 1874 ; Astronomy and Physics, from 1874 to 1879; Physics, from 1879 to the present time ; Addison E. Verrill, A. M. Oomparative Anatomy and Entomology, from 1868 to 1870; Col. Walter S. Franklin, S. B., Mili- tary Science and Civil Engineering, from 1869 to 1870 ; Roland D. Irving, A. M., E. M., Geo- logy, Mining and Metallurgy, from 1870 to the present time ; Col. William J. L. Nicodemus, A. M., C. E., Military Science and Civil and Military Engineering, from 1870 to his death, January 6, 1879; Alexander Kerr, A. M., Greek Language and Literature, from 1871 to the present time ; John H. Twombly, D. D., President, Mental and Moral Philosophy, from 1871 to 1874 ; John Bascom, D. D., LL. D., President, Mental and Moral Philosophy, from 1874 to the present time ; R. B. Anderson, A. M., Scandinavian Languages, from 1875 to the present time ; David B. Frankenburger, Rhetoric and Oratory, from 1878 to the present time ; James C. Watson, Director of Washburn Observatory and Professor of Astronomy, from 1879 to date ; Edward A. Birge, Zoology, elected in 1879 and still in office ; John C. Freeman, English Lan- guage and Literature, elected in 1879 and still occupies that chair; Allan D. Conover, Civil and Mechanical Engineering, elected in 1879 and remains in that office ; William H. Rosen- *'^°g^'i Crerman Language and Literature, elected in 1879 and continues in the same chair ; and Edward T. Owen, French Language and Literature, elected in 1879 and remains in that rf, ^' ^- Pai'ker, Music, 1880 ; William A. Henry, Agriculture, 1880. The following gentlemen have been Professors of the Law Faculty in the University : Orsamus Cole, Byron Paine, J. H. Carpenter,* William F. Vilas,* H. S. Orton, P. L. Spooner,* Clark g'**''^" ^' ^*®^°'^*y'* ®- ^- Pinney,* W. P. Lyon, J. C. Hopkins, Romanzo Bunn,* •Still in office. 442 HISTOEY OF DANE COUNTY. John H. Lathrop was Chancellor of the University from 1848 to 1858 ; Henry Barnard from 1859 to 1861. Paul A. Chadbourne was President from 1867 to 1870 ; John H. Twomblyl from 1871 to 1874, during which year he was succeeded by John Bascom, the present President. Instructors. — 0. M. Conover, A. M., Tutor, from 1850 to 1852 ; Stephen H. Carpenter A. M., Tutor, from 1852 to 1854 ; Augustus L. Smith, A. M.. Tutor, from 1854 to 1856 ; Madison Evans, A. B., Tutor, from 1856 to 1857 ; John F. Smith, A. M., Tutor, from 1857 to 1859 ; Thomas D. Coryell, A. M., Instructor, Surveying and Civil Engineering, from 1858 to 1860 ; David H. Tullis, Instructor in Book-keeping and'fCommercial Calculations, from 1858 to 1862 ; John D. Parkinson, A. M., Tutor, from 1861 to 1863 ; Miss Anna W. Moody, Precep- tress in Normal Department, from 1863 to 1864 ; 0. V. Tousley, A. M., Principal of Prepara- tory School, from 1864 to 1865 ; Miss M. S. Merrill, Preceptress in Normal Department, from 1854 to 1866 ; Miss Clarissa L. Ware, Assistant Teacher in Normal Department, from 1864 to 1867 — Associate Preceptress from 1867 to 1869 — Preceptress of Female College from 1869 to 1870; R. E. Harmon, A. B., Tutor, from 1867 to 1868; Amos H. Thompson, A. B., Tutor, from 1867 to 1869 ; Miss Frances Brown, Teacher of Music, from 1867 to 1870 ; Miss Louisa Webster, Teacher of Drawing and Painting, from 1767 to 1871 ; Miss Elizabeth Earle, Precep- tress in Normal Department, from 1867 to 1869 ; Isaac Stephen Leavitt, A. M., Instructor in English, from 1868 to 1869 ; Albert H. Southworth, Ph. B., Instructor in Languages, from 1869 to 1870; R. B. Anderson, A. M., Instructor in Languages, from 1869 to 1875; David B. Frankenberger, Ph. B., Instructor in Preparatory Department, from 1869 to 1871 ; Miss Clara D. Bewick, Ph. B., Teacher in Latin and History, from 1869 to 1870 ; Lizzie S. Spencer, Ph. B., Instructor, from 1869 to 1875 ; Alfred Carroll Parkinson, A. M., Instructor, from 1870 to 1871 ; Robert M. Bashford, A. M., Instructor, from 1870 to 1872 ; Stephen Leahy, Ph. B., Instructor, from 1870 to 1872; Thomas D. Christie, A. M., Instructor, from 1871 to 1872; Mrs. D. E. Carson, Preceptress, from 1871 to the present time ; Miss Josephine Magoon, Assist- ant Preceptress, from 1871 to 1874 ; Miss Ella F. Sage, Teacher of Instrumental Music, from 1871 to 1873 ; Miss Augusta Buttner, Teacher of French and German, from 1872 to 1874; Miss Annie Cushman, Teacher of Drawing and Oil Painting, from 1872 to 1873 ; Miss Mary C. Woodworth, Teacher of Vocal Music, from 1872 to 1874; James Whitford Bashford, A. B., Instructor in Greek and Latin, from 1873 to 1874 ; Robert Henry Brown, Ph. B., M. S., In- structor in English, from 1873 to 1874 — Instructor in Natural History, from 1874 to 1875; Miss Sue R. Earnest, Teacher of Instrumental Music, from 1873 to 1874; Miss Ellen L. Chyn- oweth. Ph. B., Instructor in German, from 1874 to 1875 ; Miss Hattie E. Hunter, Teacher of Vocal Music, from 1874 to 1875 ; J. R. Stuart, Instructor in Drawing, from 1874 to 1875 ; Jerome Henry Salisbury, A. B., Instructor in Greek and Latin, from 1874 to 1876; John M. Olin, A. B., Instructor in Rhetoric and Oratory, from 1874 to 1876; Joseph Clinton Fuller, A. B., Instructor in English, from 1874 to 1875; Miss S. A. Carver, Instructor in French and German, from 1874 to 1879 ; Milton R. French, Instructor in Vocal and Instrumental Music, from 1875 to 1877 ; Allan Darst Conover, C. E., Assistant in Civil Engineering from 1875 to to 1877 — Instructor in Mathematics from 1878 to 1879 ; Frederick Sargent Huntington, Ph. B., Instructor in English, from 1875 to 1876 ; Edward A. Birge, A. B., Instructor in Natural History, from 1875 to 1879 ; Miss M. Murdock, Instructor in English and Elocution, from 1876 to 1877; Seymour Talbot, Assistant in Civil Engine^ering, from 1877 to 1878; Cha^rles I. King, in charge of the machine shop, and Instructor in Practical Mechanics, from 187 ( to the present time ; Samuel W. Trousdale, Instructor in English and Elocution, from 1877 to 1878 ; C. P. Etten, Instructor in Vocal and Instrumental Music, from 1877 to 1878 ; Miss Alice Craig, Instructor in Elocution, from 1878 to the present time ; Edward T. Owen, In- structor in Modern Languages, from 1878 to 1879 ; E. J. Nichols, Assistant in Civil Engineer- ing, from 1878 to 187 9 ; Gottlob Muhlhauser, Instructor in Latin and Modern Languages, from 1878 to 1879; Henry J. Taylor, Instructor in Latin and Mathematics, from 1878 to 1879; F. A. Parker, Instructor in Vocal and Instrumental Music, from 1878 to the present time; Miss Ellen Chynoweth, Instructor in German, from 1879 to the present time ; Miss E. S. Spen- HISTORY OF DANE COUNTY. -143 cer. Instructor in Mathematics, from 1879 to 1880 ; Lucius Heritage, Instructor in Latin, from 1879 to the present time; William H. Williams, Instructor in Greek, from 1879 to the present time; J. 0. Arthur, Instructorin Botany, from 1879 to 1880; Storm Bull, In- structor in Engineering, from 1879 to the present time ; Miss Alice F. Frisby, Instructor in Mathematics, from 1879 to 1880 ; Charles R. Vanhise. Assistant in Mineralogy, etc., from 1879 to the present time ; G. H. Balg, Instructor in German, from 1879 to the present time ; Magnus Swenson, Instructorin Chemistry, 1880; Capt. Charles King, Instructor in Military Tactics, 1880. Honorary Degrees. — 1856 — Alfred L. Castleman, M. D. 1866 — Russell Z. Mason, LL. p. 1867— Hayden R. Smith, A. M. 1869 — John Coit Spooner, A. M.; Harlow S. Orton, LL. D. ; Luther S. Dixon, LL. D. ; Orsamus Cole, LL. D., and Byron Paine, LL. D. 1870 —J. W. Borchsenius, A. M. 1871— S. S. Rockwood, A. M. 1872— William Penn Lyon, LL. D. Lyman 0. Draper, LL. D. 1873— C. C. Washburn, LL. D. ; E. G. Ryan, LL. D. ; Joseph Ficklin, Ph. D. 1875— Samuel Shaw, A. M. ; W. D. Parker, A. M. ; Robert H. Brown, M. g. 1876— J. J. Thornton, A. M. ; J. H. Carpenter, LL. D. ; W. A. F. Brown, LL. D. 1876 — The degree of Bachelor of Philosophy was conferred upon F. E. Parkinson, speciale gratia; the honorary degree of Civil Engineer, upon James Melville; and that of Master of Science, upon C. H. Hall. 1877—0. M. Conover, LL. D. 1880— E. E. Woodman, C. E. ; M. J. Mahon, A. M. G-raduates. — 1854 — Levi M. Booth and Charles T. Wakeley. 1856 — Samuel S. Benedict, James M. Flower, Sidney Foote and Burgess C. Slaughter. 1857 — Sinclair W. Botkin, Thomas D. Coryell, Charles Fairchild, William G. Jenckes and John F. Smith. 1858 — Richard W. Hubbell, John W. Slaughter and William F. Vilas. 1859 — Alexander C. Botkin, Leonard S. Clark, Samuel Fallows, Edward B. Guild, Elbert 0. Hand, Edwin Marsh, in the classical course ; Hill C. Bradford and Phillip C. Slaughter in the scientific course. 1860 — George W. Bird, Leander M. Comins, Thomas J. Hale, John B. Parkinson, William P. Powers, Fred. T. Starkweather and John E. Sutton in the classical course ; and Milan W. Serl in the scientific course. 1861 — James B. Britton, William W. Church, S. A. Hall, John D. Parkinson, William E. Spencer and Henry Vilas, in the classical course ; and Farlin Q. Ball, Almerin Gillett and Michael Leahey, in the scientific course. 1862 — Michael Leahey in the classical course, and Isaac N. Stewart in the scientific course. 1868 — Milton S. Griswold and Levi M. Vilas, in the classical course; Pitt Cravath and Frank Waterman, in the scientific course. 1864 — in the classical course, James L. High and W. I. Wallace ; in the scientific course, E. M. Congar, A. H. Salisbury and John C. Spooner. 1865 — in the classical course, James Byrne and Philip Stein ; in the scientific course, J. M. Jones, George H. Pradt, Joseph Dwight Tredway and Charles H. Vilas. There were also six graduates in the normal course : Mary A. Allen, Clara J. Chamberlain, Annie E. Chamberlain, Hettie M. Rusk, Lydia Sharp and Annie E. Taylor. These were the first lady graduates of the University of Wisconsin. 1866 — There were graduated in the classical course, James A. Blake, Arthur Peck ; in the scientific, Frederick Scheiber, William H. Spencer, John A.\Spencer. In the normal course, Ellen Byrne, Abbie Gilbert, Anna J. Pickard, May B. Read, Agnes J. Sawyer and Maggie J. Spears received diplomas from the regents. 1867 — Classical course, Jotham Scudder ; scientific course, George Cross, Karl Ruf, Albert H. Southworth and William A. Truesdell. There were, likewise, thirteen graduates in the normal course : Mary L. Craig, Isabel Durrie, Annie M. Gorum, Delia M. Isham, Ella Larkin, Mary S. Lyman, Anna McArthur, Carrie Nelson, Emma R. Phillips, Lizzie Robson, Charity Rusk, JEmma W. Sharp, Addie 0. Wadsworth. 1868 — Herbert W. Chynoweth and Frederick S. Stein, in the classical course; George W. Holland, Isaac S. Leavitt, Morgan J. Smith, John G. Taylor, James Turner and Charles E. Vroman, in the scientific course. 1869— E. L. Cassels, W. C. Damon, F. J. Knight, I. S. LeaVitt and John G. Taylor, in the c assical course, as Bachelors of Art ; and Clara D. Bewick, Hiram M. Corbett, David B. J^rankenburger, Annie Hayden, Jane E. Nagle, Helen V. Noble, George Sylvester, Lizzie S. 444 HISTORY OF DANE COUNTY. Spencer and Ella U. Turner, in the scientific course, as Bachelors of Philosophy. There were graduated from the law department Thomas Bohan, John T. Bradley, James M. Bull, J. P, Cheever, Francis Downs, Lorin Edwards, Gr. A. Forest, F. T. Knapper, M. N. Lando, William Murray, P. H. O'Rourke and Henry Vilas, on each of whom was conferred the degree of Bach- elor of Laws. 1870— From the college of arts, Willis F. Cobb, Ch.arles H. Hall, Henry A. Harriman, Stephen Leahey, Daniel E. Maloney, L. J. Rusk, L. B. Sale and R. H. Schmidt, each of whom received the degree of Bachelor of Philosophy. There was also graduated from the female col- lege, with the same degree, Ellen L. Chynoweth. The graduates from the college of letters, each with the degree of Bachelor of Arts, were R. M. Bashford, Jacob Bickler, Gottlieb Engel, G. W. Field, S. S. Gregory, William E. Huntington, Burr W. Jones, A. C. Parkinson, A. m! Rice and C. A. Smith. From the law department, as Bachelors of Law, there were graduated Charles H. Gardner, A. E. Gepson, W. H. Hurley, J. H. Humphrey, Patrick O'Meara, A. H, Southworth, George Sylvester, Isaac N. Tichnor and S. H. Vaughan. 1871 — From the college of arts, Carolyn E. Adams, T. L. Cole, D. W. Grady, Sarah J. Hardenburg, Robert Orr, Adele M. Overton, M. W. Pepper, G. W. Raymer, Henry Reid, Ada M. Robson, John Stewart, Q. 0. Sutherland, 0. J. Taylor, Volney Underbill, Albert Watkins and Joho W. Whelan ; from the college of letters, John W. Bashford, H. S. Bassett, L. W. Colby, John A. Gaynor, John F. Glover and C. N. Gregory ; and, from the law department,! R. M. Bashford, E. B. M. Browne, Robert Catlin, Henry Coe, D. B. Frankenburger, C. E. Freeman, S. S. Gregory, T. C. Hardy, H. H. Helms, Justin Jacobs, Jr., B. W. Jones, D. L. Jones, John T. Jones, F. J. Knight, Peter McGovern, Nils Michelet, 0. H. Orton, A. C. Park- inson, C. A. Smith and C. H. Van Wermer. 1872 — From the college of arts, Edward D. Adler, Alethe C. Arnold, A. E. Bourne, T. E. Bowman, F. G. Brown, R. H. Brown, Maria E. Byrne, H. M. Chittenden, Julia L. Cook, Joseph Cover, H. W. Deming, Philip Eden, Jr., W. A. Franklin, Gertrude M. Hardenburg, H. W. Hoyt, J. C. Keefe, L. R. Larson, C. E. Lavertv, C. S. Montgomery, Jennie Muzzy, D. T. Newton, W. E. Odell, J. K. Parish, E. T. Sweet and H. M. Wells ; from the college of let- ters, E. C. Arnold, G. D. Cline, Sidney Houghton, E. H. Craig, L. M. Fisher, B. W. James, G. F. Merrill, J. B. Slattery, G. G. Sutherland and E. P. Vilas; and from the law department,, W. S. Arnold, H. P. Barlow, B. E. Brown, Daniel Buchanan, E, C. Burke, L. W. Colby, R. M. Crane, D. H. Flinn, C. N. Gregory, G. P. Harrington, W. T. Kclsey, J. M. Kennedy, John Likens, D. E. Maloney, H. L. Palmer, John Patterson, M. W. Pepper, J. S. Phillips, F. C. Rennie, C. W. Roby, L. B. Sale, M. C. Salmon, I. B. Smith, R. C. Spooner, Herbert Sylves- ter, R. F. Taggart, 0. J. Taylor, Albert Watkins and H. S. Wicks. 1873 — There were graduated from the college of arts, W. H. Bailey, F. L. Boyce, F. W. Coon, M. S. Frawley, W. H. Gooding, H. W. Hewitt, W. E. Howe, C. A. Hoyt, B. W. Hulse, W. C. Ladd, G. S. Maxon, G. J. Patton, Duncan Reid, A. F. Warden, James Moroney, Will- iam Munroe and James Quirk — of these the three last received each the degree of Bachelor of Civil Engineering ; from the college of letters, James W. Bashford, J. C. Hutchins, W. A. Lyman, G. H. Noyes and W. D. Turvill; from the law department, G. W. Adams, Albert Allen, H. Blackmer, M. E. Clapp, Abel Davis, B. W. James, William Johnson, E. S. Knight, Stephen Leahey, C. E. Laverty, C. C. McNish, G. F. Merrill, F. H. Merrill, S. S. Miller, D. C. Millett, C. S. Montgomery, D. T. Newton, R. C. Orr, M. C. Ring, F. H. Tabor, George C. Trucks, J. K. Wetherby, David S. Wegg, H. M. Wells and John E. Wright. 1874 — From the college of arts, Charles N. Akers, Florence E. Taylor, John Brindley, George E. Brown, W. E. Brown, C. W. Bunn, E. R. Carr, Mary I. Carrier, Henrietta L. Crane, R. G. Deming, Marion V. Dodge, Mary S. Dwight, L. M. Fay, Jennie Field, Henry Frawley, Delia E. Gilman, Thenetta Jones, Annie M. Martin, Mary McCoy, Kate G. McGone- gal, F. R. Moss, Eliza Nagle, E. D. Orr, Lillian De France Park, Florence I. Pennock, B. H. Ryan, William Street, J. J. Swift, A. W. Utter, M. Van Wagenen, Robert R. Williams, B. D. Wood, A. D. Conover and John R. Fisher — the last two with the degree of Bachelor of Civil HISTORY OF DANE COUNTY. 445 Enffineering; from the college of letters, A. H. Bright, B. F. Dunwiddie, J. C. Fuller, Jennie Muzzy, 0. E. Ostenson, J. H. Salisbury and C. A. Wilkin ; from the law department, John W Bashford, F. L. Boyce, W. W. Downs, 0. B. Givens, E. C. Graves, L. J. Grinds, Willis Hand, W. E. Howe, 0. A. Hoyt, W. C. Ladd, G. W. Latta, E. W. Mann, G. Maxon, C. W. Monroe, G. H. Noyes, J. M. Pereles, H. S. Robins, Hans Spilde, G. G. Sutherland, W. D. Turvil and 0. T. Williams. 1875 — From the college of arts, Harriet E. Bacon, Carrie A. Barber, Isaac S. Bradley, Alice A. Crawford, Mary C. Draper, T. F. Frawley, F. S. Huntington, C. H. Lewis, George S. Martin, Juliet D. Meyer, Clara Moore, W. H. Rogers, George C. Synon, C. G. Thomas, Fannie West, James Melville, A. G. Schulz and B. C. Walter — the last three with the degree of Bachelor of Civil Engineering ; A. D. Conover and James Moroney, Jr., graduating as Civil Engineers; from the college of letters, as Bachelors of Arts, W. G. Clough, Kate D. Dewey, A. S. Frank, C. F. Harding, F. S. Luhman, J. W. Mills, J. M. Mills, W. S. Noland ; as Bachelors of Letters, H. A. Odell, C. E. Pickard, P. F. Stone, J. E. Wildish and F. W. Win- chester: from the law department, L. J. Arthur, C. V. Bardeen, C. W. Bunn, J. H. Botten- seck, W. H. Butler, E. R. Garr, E. W. Chafin, Thomas Coleman, B. F. Dunwiddie, W. A. Frankhn, C. S. Fuller, Ansley Gray, L. E. Haynes, E. G. Hursh, J. C. Kerwin, Thomas Lynch, E. B. Manwaring, W. C. McLain, John McMahon, Duane Mowry, A. J. O'Keefe, A. D. Pratt, Henry Rosenberg, A. J. Schmitz, J. C. Sherwin, Jr., C. A. Starbird, William Street, E. H. Smalley, Mills Tourtellotte, Volney Underbill, G. A. Underwood, E. P. Vilas, Hemp- stead Washburn, E, G. Webster, J. B. Winslow and E. R. Woodle. 1876— from the college of letters, H. R. Cook, R. B. Dudgeon, E. T. Fames, Albert S. Ritchie, Helen D. Street, and W. H. Williams, in the ancient classical course, as Bachelors of Arts ; H. S. Daniels, Agnes A. Hascall, J. W. Hiner, A. H. Noyes, R. E. Noyes and Helen Rem- ington, in the modern classical course, as Bachelors of Letters ; from the college of arts, Sarah C. Ames, Lizzie G. Atwood, J. H. Calkins, Tirza J. Chapman, Lillie S. Clark, C. S. Dietz, Emma E. Dudgeon, B. W. Gillett, Mary M. Henry, Elinor Henry, E. R. Hicks, Caroline A. Hobart, Clara L Lyon, D. E. McKercher, Elizabeth A. Meyer, Mary L. Nelson, Mary J. Oertel, A. E. Smith, Abbie D. Stuart, G. C. Stockman, Fannie A. Walbridge, Nellie M. Williams, E. C. Wiswall, and Elsena Wiswall, as Bachelors of Science ; G. P. Bradish, J. J. Fisher, J. B.. Trow- bridge, and W. W, Wood, as Bachelors of Civil Engineering; George Haven and Oliver Mat- thews, as Bachelors of Mining Engineering ; C. F. Ainsworth, W. H. Baird, W. P. Baker, S. J. Bradford, A. H. Bright, Z. A. Church, Henry Frawley, E. C. Higbee, A. L. Lamont, 0. L. Lardon, F. M. Lawrence, L. K. Luse, George U. Leeson, F. L, Morrill, H. M. Needles, T. J. Pereles, James Quirk, E. H. Ryan, W. H. Rogers, W. F. Redmon, Oliver Schee, J. D. F. Stone, W. A. Short. C. _S. Taylor, and C. A. Youmans, in the law department. 1877 — from the college of letters — in the ancient classical course, as Bachelors of Arts, Brigham Bliss, C. L. Dudley, Franklin Fisher, Howard Morris, and S. W. Trousdale ; in the modern classical course, as Bachelors of Letters, Alexander Craven and Mary Hill ; from the college of arts— course in general science, Carrie B. Carpenter, S. H. Cook, T. H. Gill, Bene- dict Goldenberger, F. N. Hendrix, Hattie M. Hover, E. M. Lowry, Florence E. Mitchell, Frank Moore, Annie A. Porter, A. C. Prescott, J. C. Rathbun, Matilda Reuel, H. J. Smith, Alice btickney, Nellie M. Tate, W. E. Todd, S. M. Williams, and H. C. Wood— as Bachelors of Science ; as Bachelors of Civil Engineering, John F. Albers, J. P. Paine, N. F. Phillips, J. M. iurner, and James Whelan, Jr. ; and as Bachelor of Mining and Metallurgy, W. A. Hover ; trom the law department, H. W. Bingham, H. H. Curtis, J. J. Fruit, W. W. Haseltine, John i- Kean, Herman Pfund, F. E. Purple, James Reynolds, W. F. White, and John T. Yule. T? V n^ — ^^^^ ^^^ college of letters — in the ancient classical course, as Bachelors of Arts, *■ IV.. Conover, W. A. Germain, Mary Hill, C. E. Hooker, Francis E. Noyes, 0. W. Ray, and . J. Taylor; in the modern classical course, as Bachelor of Letters, Alexander Berger ; from the college of arts, in General Science, C. E. Buell, W. A. Corson, H. W. Eaton, W. S. Field, 446 HISTORY OF BANE COUNTY. Helen L. Hatch, Alice F. Frisby, Almah J. Frisby, W. J. Fuller, B. F. Gilman, T. P. Lind- ley, Martha Mann, Nettie L. Porter, F. B. Robinson, R. G. Siebecker, and Lewis E. Walker as Bachelors of Science ; as Bachelor of Agriculture, W. W. Brown ; as Bachelor of Civil Engineering, W. H. Bradley ; as Civil Engineers, George P. Bradish, William Munroe, and John F. Albers ; and as Metallurgical Engineer, Oliver Matthews ; from the law department Carroll Atwood, F. E. Briggs, F. C. Brooks, S. 0. Campbell, T. H. Gill, L. P. Hale, J. s'. Keyes, P. V. Lawson, J. R. Matthews, A, H. Noyes, R. E. Noyes, J. O'Connor, R. B. Salter, E. H. Sprague, E. A. Tucker, R. F. Wilbur, R. F. Pettigrew, and William Windsor, Jr. 1879 — In arts, John Anderson, George M. Bascom, Clarence Dennis, Flora E. Dodge, Archibald Durrie, Oliver G. Ford, H. C. Martin, David Mason, Lewis Ostensen, and J. B. Simpson ; in letters, C. H. Albertson, Jennie Bascom, Mary Bunn, Belle Case, Lulu C. Dan- iels, Abby W. Jewett, E. J. Paul, Katharine C. Paul, Arthur Puis, Susie A. Sterling, George L. Voorhees, and Flora E. Dodge ; in science, John G. Conway, A. G. Dennett, W. E. Den- nett, Ida M. Hoyt, J. H. Hutchinson, K. Knapp, R. M. La Follette, Jesse M. Meyer, E. B. Oakley, A. D. Prideaux, Edith M. Stearns, John W. Thomas, E. W. Davis, and, by special favor, J. W. Fisher; in mining and metallurgy, C. R. Vanhise ; in law, W. H. Allen, Perry Baird, J. H. Berryman, H. S. Butler, George De Clerk, H. G. Dickie, S. A. Doolittle, J. A. Eggen, C. N. Harris, E. A. Hayes, F. N. Hendrix, J. W. Ivey, John Kelley, Jr., C.H. Ladd, G. L. Kurtz, P. H. Martin, Seth Mills, Howard Morris, C. H. Oakey, J. M. Olin, Jermain Post, A. C. Prescott, Tennis Slingerland, and Otto Peemiller, Thomas O'Meara; in mining and metallurgy, Magnus Swenson ; in law, Neal Brown, Edmund Burdick, Charles Cicero Cal- kins, Clarence Luther Clark, Frederick King Conover, Galen Hiram Coon, Frank Cutter, Arthur Eugene Deming, Charles Lowell Dudley, Walter Scott Field, David Hadley Flett, Alfred Swift, Frank Schuyler, Grant Gilman, Charles Ford Harding, Jay Orley Hayes, Frederick Will- iam Henderson, Emmett Reuben Hicks, Henry L. Palmer Hillyer, Edward J. Hughes, Charles August KoefBer, Paul Theodore Krez, Alvin Ernest Mecartney, Horace Stevens Merwin, Arthur Loomis Sanborn, George Shaefer, Robert George Liebecker, Henry J. Taylor, Clinton Textor, John Charles Ticknor, Lewis Edward Walker, Charles Vining White, George Irving Wright. 1880 — In arts, John Milton Dodson, Henry Baird Favill, Henry Decker Goodwin, Alviru^ Nelson Hitchcock, George Hofstetter, Judson Elijah Hoyt, Charles Francis Lamb, John Thomas Morgans, Alfred Patek, Henry Lewis Richardson, Frank H. Sawyer, Albert Edward Schaub, Darwin Wilfred Smith, Charles Gorjlon Sterling. In Letters — Frank Benton Brundage, Edith J. Crosse, Maria Morrison Dean, Humphrey J. Desmond, Annie Beck Dinsdale, Mary Dunwiddie, Waldo Fisher, Rose Gifford, Edward F. Gleason, Emma Heller, Annie Isabella Home, Louisa Martin, Viola Imogene Troy, Alice Jessie Craig. In Science — Jay William Hicks, James Gardiner Johnstone, Mary Agnes Nelson, Etna Joseph Wiswall, Alvin Webster Wohlford, Charles Richard Vanhise, Leonora Maxwell Northrop. In Civil Engineering, — George Edward Morgan, Harry Brown Sturtevant, Archie 0. Powell. In Metallurgical Engineering — Magnus Swenson. In Law— Neal Brown, Edmund Burdick, Charles C. Calkins, C. L. Clark, F. K. Conover, G. H. Coon, Frank Cutler, A. E. Deming, C. L. Dudley, W. S. Field, A. S. Frank, S. G. Gilman, C. F. Harding, J. C. Hayes, E. R. Hicks, H. L. P. Hillyer, E. J. Hughes, C. A. Hoeffler, P. T. Krez, A. E. Macartney, II. S. Merwin, A. L. Sanborn, George Shafer, R. G. Seibecker, H. J. Taylor, Clinton Textor, J. C. Tickner, L. E. Walker, C. V. White, George I. Wright, D. H. Flett and F. W. Henderson. In Mechanical Engineering — William Sylvester Bliss. The university courses are free to all within the State. To those belonging without the State tuition is, per term, $6. Unusual advantages are offered by the university to young women. They have a range or studies and a quality of instruction equal to those of the very best American colleges, while the HISTORY OF DANE COUNTY. 447 expense is less than half that usually met with at seminaries and colleges for women. There is no distinction, in advantages, made between young men and young women. A young woman can take any of the courses, or select studies from any of them. Ladies' Hall is a fine building, well furnished and well provided with all the conveniences and public rooms necessary for the comfort and profit of the students. All the expenses of a young woman, except those strictly personal, who boards in Ladies' Hall, need not exceed $185 per year. First term — heatiog, lighting and rent in Ladies' Hall ?20 00 Second term " " " 15 00 Third term " " " 15 00 Board in Ladies' Hall including washing of bedding, towels and napkins, per week S 00 Personal washing. Ladies' Hall, per dozen 60 Instrumental music, 20 lessons 10 00 Use of iAStrument, per term 2 00 Vocal music, 20 lessons 10 00 There is only one extra — music, and the instruction in that is of a very superior order. II.— The State Libraey. This institution had its origin in the generous appropriation of $5,000 out of the general treasury, by Congress, contained in the seventeenth section of the organic act creating the Ter- ritory of Wisconsin. At the first session of the Territorial Legislature, held at Belmont in 1836, a joint resolution was adopted, appointing the Hon. John M. Clayton, of Delaware (through whose instrumentality the clause in the organic act making the appropriation was inserted), Hon. Lewis F. Lima, of Missouri, Hon. G. W. Jones, then Delegate in Congress from this Territory (which at that time included what now constitutes the State of Iowa as well as Wiscon- sin), and Hon. Peter Hill Engle, the Speaker of the first Territorial House of Representatives, a committee to select and purchase a library for the use of the Territory, and authorizing them to draw the sum appropriated for that purpose from the Federal Treasury. Mr. Engle was the act- ive member of the committee, and made the selections and purchases, with the approval of the other members. James Clarke, publisher of the Belmont Gazette, and first Territorial printer, was the first Librarian. The first appropriation by the State to replenish the library was made in 1851. The sum of $2,500'was then appropriated, to be expended under direction of Gov. Dewey in the purchase of law books. Subsequently, in 1854, the sum of $3,000 was appropriated for law and miscel- laneous works; and in 1857, the additional appropriation of $1,000 was made for the same purpose, together with a standing appropriation of $250 for such additions to the law and miscel- laneous departments of the library as might from time to time be deemed desirable. In 1864, the annual appropriation was increased to $300, and two years later the additional sum of $600 was placed at the disposal of the Governor for the purpose of supplying deficiencies m the law department. These appropriations were continued until 1877, when the annual ap- propriation was increased to $1,500. The purchase of miscellaneous works for the library was virtually discontinued in 1866, except that purchases were subsequently made for completing imperfect sets of works of refer- ence. In 1875, the miscellaneous works were transferred to the State Historical Society. Since that time, the condition of the library as a State law library has rapidly improved. It stands among the best in the States of the Great Northwest, and with its present resources will be able to maintain the high position it occupies. Smce the organization of State government, the following-named gentlemen have occupied the position of State Librarian : George P. Delaplaine, C. G. Mayers, Fritz Anneke, William , iT/' ^T ^^^^ *° ^^^^' ^"^S^^^ Kreuer, from 1854 to 1856 ; Horace Rublee, from 1856 to 18b0; Samuel C. Bean, from 1860 to 1863; 0. M: Conover, from 1863 to 1874; Francis Massmg, from 1874 to 1876 ; J. R. Berryman, from 1876 to date. 448 mSTOEY OF DANE COUNTY. The whole number of volumes in the library at the present time is, in round numbers 14,000. Rooms are set apart at in the capitol at Madison for use of the library. III.— Wisconsin State Hospital fok the Insane. In 1854, L. J. Farwell sold to the State one hundred acres of land on the north side of Lake Mendota, in the town of Westport, for the location of the " Hospital for the Insane." It is about three miles from Madison by a direct line across the lake, and six miles by carriage road. The grounds also adjoin the track of the Chicago & North- Western Railroad. By an act of the Legislature, approved March 30, 1854, the Governor was authorized to appoint Commis- sioneis to prepare plans and let a contract for the erection of a lunatic asylum, substantially on the plan of the asylum at Worcester, Mass., both in respect to design and expense. In pursu- ance of this act, Gov. Barstow appointed Commissioners and a Superintendent; The contract was awarded to Andrew Proudfit, and the work commenced. On the assembling of the Legisla- ture in 1855, that body annulled the contract on the ground that the plan adopted was much more extensive than had been authorized, and bore no particular resemblance to the Wor- cester asylum, as well as for other reasons. The result of this action was that the work was suspended. By an act of the Legislature, approved March u, 1857, the State Hospital for the Insane was established, and L. J. Farwell, John P. McGregor and Levi Sterling were appointed Com- missioners by the Governor. The Commissioners, at their first meeting, on the 5th of May, elected L. J. Farwell, President ; J. P. McGregor, Secretary, and Levi Sterling, Building Superintendent, and employed S. V. Shipman as architect. The following is a synopsis of the plan of the buildings, as drawn by the architect, S. V. Shipman : The structure to consist of the center or main building, with two longitudinal and two transverse wings — the main building to be 65x127 feet; the longitudinal, each 41x92 feet, and the transverse wings 40x8ti feet ; the main building and transverse buildings are to be four stories high — cellar eight feet, first story twelve feet, the second of the main building fifteen feet, the third story thirteen feet and the fourth story eleven feet. The first, second and third stories of the wing will be twelve feet each ; the walls of the fourth, or attic story, will be ten feet. The main building and each of the transverse wings are to be surmounted by a cupola, that of the main building being fifty feet and of each wing twenty-seven feet above the roof. After the adoption of plans, specifications and detail drawings, notice was published in every city in the State that proposals would be received until September 1 following for doing all the work and furnishing all the materials in accordance with the plans and specifi- cations. On the 1st of September, the bids were opened and the contract awarded to Nelson McNiel, of Portage City, for building the central or main building, one longitudinal and one transverse wing for the sum of $73,500.. Mr. McNiel, after making some progress on the work, threw up his contract, which caused much delay in the completion of the building, and it was not until some time in 1860 that it was turned over to the Board of Trustees for the reception of patients. An act was passed, approved April 11, 1861, during the last session of the Legislature, appropriating $40,000 for the enlargement of the building. That act authorized the Board of Trustees, or such committee as might be designated by them, to construct a longitudina,! and transverse wing, to be located on the west side of the center building, corresponding in dimen- sions with the wings on the east side of the center building. In pursuance of a requirement of this act, the executive committee advertised for sealed proposals for furnishing materials and doing the work ; and, at the time designated in the advertisement, several proposals were laid before the board to be examined and their respective merits determined. After all of ™6 proposals had been considered in reference to the price proposed and the general interests of the HISTOKY OF DANE COUNTY. 449 institution, it was unanimously agreed and ordered that the mason-work and furnishing the materials therefor should be let to Joseph Parkins, of the County of Dane, for the sum of |20,- 500 and that the carpenter-work and painting and glazing, with the materials therefor, should be let to Bradley & Norton, of the city of Racine, for the sum of $9,450. In accordance with the order, contracts were entered into between the executive committee and the aforementioned parties on the 6th day of June, 1861, and the requisite bonds to secure the completion of the contract and the faithful performance of the work were duly made and deposited by the several contractors. The heating apparatus, gas pipes and fixtures, registers, window guards and sewerage were not included in either of the contracts just mentioned, as it was deemed advisable to have that work performed by the State, under the direction of the board, by purchasing the materials and hav- ing them fitted by persons in their employ. The Board of Trustees, in their annual report for 1861, speak of the commendable zeal of the contractors in the prosecution of the work, which was commenced on the 1st of June of that year, and which was so far advanced as to be roofed and inclosed before the winter set in. The Legislature, at the session of 1866., passed an act approved April 11, for erecting one transverse and one longitudinal wing on the east side of the main building. On the 19th of June, proposals were received from contractors, and the contract was awarded to A. Proudfit for the mason work at $64,500, and Anderson, Davidson, & Co., carpenter work, $33,500, the whole amounting to $98,000. The entire length of the hospital building is 569 feet, the center building being 65x120 ; the first longitudinal wing on each side of the center is 132 feet, and the last on each extremity is 119 feet. The transverse wings are 87 feet long. This elegant and commodious building is surrounded by ornamental grounds, wood and farming lands to the extent of 393 acres, and, with the extensions and improvements recently added, forms an asylum creditable to the enterprise and philanthropy of the people of Wisconsin, and well adapted for the care of the unfortunates needing their protection. The hospital will now accommodate comfortably 550 patients. The Legislature of 1871 made some important changes in the law governing the hospital. The number of Trustees was reduced from fifteen to five, and required to meet quarterly instead of semi-annually, as formerly. And again, in 1872, this law was changed to embrace the gov- ernment of the Northern Hospital for the Insane. All insane persons living within the limits of the following-named counties, will be received at the Wisconsin State Hospital as far as accommodations can be furnished : Adams, Barron, Bufi"alo, Burnett, Chippewa, Columbia, Crawford, Dane, Douglas, Dunn, Eau Claire, Grant, Green, Iowa, Jackson, Jefierson, Juneau, La Crosse, La Fayette, Monroe, Pepin, Pierce, Polk, Price, Richland, Rock, St. Croix, Sauk, Trempealeau, Vernon and Wal- worth. J. Edwards Lee, M. D., was the first Medical Superintendent, having been elected by the first Board of Trustees, on the 22d of June, 1859, and the furniture and furnishing of the center building and first wing, and arrangements for the reception of patients were conducted under his supervision. The second Board of Trustees, organized April 10, 1860, and on the 22d of May following Wointed John P. Clement, M. D., to supersede Dr. Lee as Superintendent; and in June, 1860, Mrs. Mary C. Halliday was appointed Matron. The first patient was admitted July 14^ Dr. Clement resigned January 1, 1864, and from that time until April 20, the hospital was m charge of John W. Sawyer, M. D., Assistant Physician, when A. H. Van Norstrand, M. D., was elected Superintendent. Dr. Van Norstand resigned June 6, 1868, and was succeeded by A. S. McDill, M. D. s J ) J- Dr. McDill resigned in October, 1872, and on the 29th of April, 1873, Mark Ranney, M. ^■, was appomted Superintendent, and entered upon his duties July 23. 450 HISTORY OF DAjSTE COUNTY. Dr. Ranney resigned and was succeeded by A. S. McDill, M. D., in April, 1875. Dr. McDill was removed by death November 12, 1875. D. F. Boughton, M. D., who had served a number of years as Assistant Physician in the hospital, was chosen to fill the vacancy occasioned by Dr. McDill's death, and is still in charge of the institution. The Trustees' Report of September 30, 1879, shows that there wore in the hospital, on that day, 251 males and 256 females — total, 507. The following table shows for each year the statistics of the hospital from July 14, 1860 when the first patient was admitted, to September 30, 1879 (end of the hospital year): WaOLE NUMBER. Admitted Discharged Recovered Improved Unimproved Died Treated Remaining at end of year.. Males admitted Females admitted Males discharged Females discharged......... Males died.. Females died Males recovered Females recovered Daily average each year 90 117 162 187 179 181 106 44 19 8 7 10 47 103 50 56 23 21 3 7 13 6 21 192 131 49 40 33 28 14 7 12 1 123 66 37 16 4 9 254 188 62 61 44 22 8 1 24 13 112 130 56 21 86 17 800 170 59 53 87 80 33 25 9 13 257 177 44 43 34 46 7 6 16 17 95 92 42 30 13 7 272 180 57 38 50 42 6 1 19 23 114 114 49 33 22 10 294 180 57 69 61 58 7 3 80 19 175 109 55 32 7 15 365 246 95 80 51 58 7 8 25 30 209 91 51 14 13 13 455 364 109 100 58 33 8 5 31 21 168 172 58 41 46 32 532 360 82 86 92 80 18 14 31 22 154 169 54 52 34 29 524 356 81 93 83 86 14 15 23 31 166 148 60 26 37 25 521 373 92 74 83 65 11 14 33 27 212 271 39 76 134 22 585 314 116 89 148 123 9 13 21 18 143 110 31 32 23 24 457 347 73 70 44 66 12 12 11 20 185 203 810 862 359 865 329|837 364 384 370 379 425 160 182 32 53 27 20 507 375 82 78 70 62 11 9 16 16 181 199 34 40 105 20 557 356 99 82 98 101 10 10 19 15 144 116 45 21 21 28 498 382 61 83 62 54 17 11 21 24 148 137 35 36 36 80 580 i93 90 58 76 61 18 12 14 21 214 100 37 36 11 16 607 507 103 HI 54 46 9 7 21 16 Total. 2,855 2,345 783 601 593 1,480 1,375 1.227 1,118 199 163 The cost of construction of the hospital, the current expenses, the whole number of patients, and the average number, have been, each year, as follows : TEAR. Construction. Current Expenses. Total cost to the Statl. Whole No. of patients. Average number. 1856 ■) $224,925 33 30,734 24 28,645 06' 7,074 54 3,351 25 4,348 26 2,091 20 80,112 00 65,261 97 35,857 63 16,361 52 18,043 26 19,105 22 81,875 00 10,000 00 4,000 00 13,850 00 11,500 00 $ 8,875 89 21,602 18' 22,038 49 31,706 36 35,311 12 47,309 78 40,495 60 44,118 87 46,818 00 71,320 08 80,618 37 76,890 61 86,770 56 87,563 15 86,567 08 63,500 00 70,858 32 89,601 79 96,338 59 104,603 99 $ 228,801 22 42,326 42 60,683 55 38,790 90 38,662 37 51,658 04 42,586 80 124,230 87 112,079 97 107,177 71 95,879 89 94,933 87 105,975 78 119,438 15 96,567 08 67,500 00 84,603 32 101,001 79 96,338 59 124,703 99 45 147 192 254 300 257 272 294 355 455 532 524 531 685 457 507 557 498 '530 607 7 1860/ 1861 90 1862 117 1863 162 1864..... 187 1865 179 1866 181 1867 185 1868 203 1869 310 1870 362 1871 369 1872 366 1873 329 1874 337 1875 364 1856 334 1877 370 1878 380 1879 20,100 00 425 Total $576,326 48 $1,207,783 13 $1,784,040 31 . . CrxXA-^L.t^'i^ MADISON Tii^^' HISTORY OP DANE COUNTY. 453 IV- — State Board of Charities and Keform. Gov. Fairchild, in his annual message to the Legislature in 1870, recommended the reduc- tion of each Board of Trustees, having charge of the State charities and institutions, to five, and the appointment of a State Board of Charities and Reform. Althouah the suggestion was favorably received by the Legislature, the bill embodying his views, after passing one House, failed in the other, for want of time to reach it at the close of the session. The recommendation was renewed in 1871, and an act was passed, Section 1 of which reads as follows ; Section 1. To the end that the adminUtration of public charity and correction may be conducted on sound prin- ciples of economy, justice and humanity, and that the relations existing between the State and its dependent classes may be better understood, there is hereby created a State Board of Charities and Reform. The act further made it the duty of the board " to investigate and supervise the whole system of charitable and correctional institutions supported by the State or receiving aid from the State Treasury ; to investigate into the condition of the poor-houses of the State, the cost of pauperism, and also to investigate the jails, city prisons, and houses of correction ; to look after the care of the insane, and ascertain if they are treated humanely ; " and, in general, the board was directed to ascertain for the information of the Legislature any important facts or considerations bearing upon the best treatment of criminals and the diminution of crime. The act further provided that the office of the board should be in Madison. The board appointed by Gov. Fairchild consisted of the following-named persons : Willard Merrill, Janesville, for one year ; William C. Allen, Racine, for two years ; H. H. Giles, Madi- son, for three years ; Andrew E. Elmore, Fort Howard, four years ; Mrs. Mary E. B. Lynde, Milwaukee, five years. It organized April 13, 1871, by the election of H. H. Giles as Presi- dent, William C. Allen as Vice President, and Samuel D. Hastings as Secretary. Willard Merrill was re-appointed in 1872, for five years ; William G. Allen was re-appointed in 1873, for five years. In February, 1874, Mrs. Lynde and Messrs. Merrill and Allen sent their resig- nation to Gov. Taylor, and the vacancies created were tilled by the appointment of Mrs. Lynde, of Milwaukee, W. W. Reed, M. D., of Jefferson, and E. E. Chapin, of Columbus. The term of H. H. Giles expired in April, 1874, and he was re-appointed by Gov. Taylor. Under Chapter 414 of the laws of 1876, the board was re-organized, and Gov. Ludington appointed W. W. Reed, A. E. Elmore, Rev. H. C. Tilton, of Whitewater, and H. H. Giles and C. H. Haskins, of Milwaukee, to serve from one to five years, and in the order named. H. H. Giles was elected President, A. E. Elmore Vice President, and Theron W. Haight, of Wau- kesha, Secretary — the latter in place of Gen. A. C. Parkinson, who had served two years as Secretary. In 1877, A. E. Elmore was elected President, and W. W. Reed, Vice President, and they have been re-elected at each annual meeting since. In April, 1878, Mr. Haight resigned as Secretary, and Theodore D. Kanouse, of Watertown, was elected in his place. Mr. Kanouse resigned in September, 18 (9, and H. H. Giles, a member of the board, was appointed for the balance of the year. In April, 1880, Rev. A. 0. Wright, of Fox Lake, was elected Secretary. In 1879, J. H. Vivian, M. D., of Mineral Point, was appointed- to fill the vacancy caused by the death of Rev. H. C. Tilton, and in February, 1880, Mrs. E. B. Fairbanks was appointed to fill the vacancy caused by the resignation of C. H. Haskins. The board now (November, 1880.) consists of Mrs. Fairbanks, of Milwaukee, W. W. Reed of Jefi'erson, A. E. Elmore, of Fort Howard, J. H. Vivian, of Mineral Point, and H. H. Giles, of Madison. The board supervises all the charitable and penal institutions of the State, as well as the jails and poor-houses. The private charitable institutions are also under its supervision. 454 HISTOBY OF DANE COUNTY. Through the influence of the board, the prison management of the State Prison has been brought to a high standard of efficiency under the watchful care of a non-partisan Board of Directors. This of itself is a reform worth noting. It has removed quite all the children from the poor-houses of the State, by procuring the passage of the act prohibiting their retention therein. This reform will in the future save more to the State than the entire cost of the board. It will diminish pauperism, and thus save the tax-payers. It has reformed the poor-houses of their dirt and filth. It has greatly improved the condition of the chronic insstne in the poor-houses, so that now that class are quite as well cared for, at an expense of from $1 to $1.75 per week, as in the State Hospitals, at $4.25 to 14.75 per week. The poor-houses are now as cleanly as the average homes of the people. It has reformed the county jails by the introduction of cleanliness and order, the separation of the sexes, where possible, the extermination of vermin, and improvement in ventilation. Through its influence, juvenile . ofi'enders are no longer confined in county jails, but sent at once to the Industrial School at Waukesha. All this has been done in the entire absence of authority, except to look into and inquire and report, the exercise simply of moral power. It has introduced into the State institutions a uniform system of keeping the books and accounts, simple in detail and easily understood. It has reduced greatly the expenditures in the different State institutions, by requiring a detailed report of the expenditure of all the moneys placed in their keeping. This reduction in a single institution has equaled the entire expenses of the board. The cost to the State has averaged about $2,200 per year, and, outside of special investigations, it has cost less than $2,100, as gathered from the reports of the Secretary of State. No member of the board receives any pay, except when ordered by the Governor to make an investigation. The Secretary receives a salary of $1,500 per year, and devotes his whole time to the work, under the direction of the board. All the county poor-houses are visited each year, and nearly all the jails. The State insti- tutions are visited twice in each year — once by the board, and once by each individual member, at times when not expected. No notice is given of these visits, except the annual one of the board in the fall. It has made several investigations that were ordered by the Governor. A large amount of work has been done by this board — much of it the public know nothing about. Many complaints have been investigated and many evils reformed. The board has not "sounded its horn," but quietly pursued its way ; has gained public confidence and become one of the permanent institutions of the State. Gov. Smith said m his last message: " The good they do is not so much talked about as the evil that may escape their notice." This is the fate of all public servants. Y.— The State Fish Hatchery. The first account of artificial impregnation of fish-eggs was given to the world late in the fourteenth century, and it is said to have been discovered by Don Pinchon, a French monk. The art seems to have been forgotten, if it had ever existed, till 1758, when it was revived by Jacob! and an account of it was published in German by Count Goldstein. The first practical use of the art was made in Hanover. In 1837, a Mr. Shaw, in Scotland, resorted to artificial impreg- nation for the purpose of restocking salmon streams. In 1811, Boccius, a civil engineer of Hammersmith, England, practiced the art with the trout. In 1842, Joseph Reney, a poor fish- erman in the Vosges, without any knowledge in respect to previous experiments, discovered the art and restocked the Moselle and other streams, gaining thereby, his livelihood. Prof Caste, of the College of France, gave to the enterprise his sanction, and this gave rise to the modern industry of fish culture. This business is carried on extensively and profitably throughout Central Europe, and is patronized by the Governments of the Great Powers. One estaDlisn- ment at Hunnigen, Germany, with its buildings and ponds, covers eighty acres. HISTORY OF DANE COUNTY. 455 About twelve years ago, the attention of the New England States and New York was called to this subject, owing to the alarming depletion of their streams in producing fish food. Scien- tific and practical labors were vigorously entered upon, and, availing themselves of the experi- ments made by European Governments, a system of State Fish Commissions was set on foot by interested parties, and by the aid of public money those depleted waters have been brought back to their maximum supply of fish. Gradually State Fish Commissions have increased, until now a number of them are in existence. The Dominion of Canada, from the Gulf of St. Lawrence to the headwaters of the lakes, manifests a lively interest in artificial fish propagation, and has several large artificial hatcheries, one of which is located at Windsor, opposite Detroit, where from 15,000,000 to 20,000,000 of whitefish are annually hatched and planted in Detroit River. The great success resulting from the artificial propagation of fish in Europe, and an inquiry into the cause of the rapid and alarming decrease in the number of fish in the United States waters, led to the organization of the United States Commission of Fish and Fisheries in 1871. Congress, in the year 1879, appropriated to the United States Fishery Commission $75,000. This was mainly expended in scientific researches respecting the fish, its habits and causes of deple- tion, and in aiding the States provided with Fish Commissions by donating to them the impreg- nated ova of the better varieties. Wisconsin is one of the most favored States, all things considered, for fish culture in the Union, Michigan and Minnesota being her only rivals. The first appropriation made by the Legislature of Wisconsin for the purpose of fish culture was in 1873, when the sum of $500 was placed at the disposal of the Commissioner of Fisheries for the United States. In 1874, the Wisconsin Commission was organized and the sum of $360 appropriated to pay current expenses and supply the wants of the Commissioner. In 1875, the appropriation was increased to $2,000, by which the Commission was placed upon a sound finan- cial basis, and in a condition to commence work for which it was designed. From that time can be reckoned the beginning of fish culture by the State. In 1876, the sum appropriated was 110,000. It became at the same time the duty of the Commissioners to purchase a site for a State Hatching-House, and to erect thereon a hatching-house, tenement, ponds, and to equip the hatching-house for hatching purposes and in all practical ways to procure spawns and fish to be disposed of in furtherance of the purposes of the law. In 1876 was completed the purchase of the grounds, the erection of the buildings, and the construction of the ponds (seven in number) of the Madison Hatchery, and that year witnessed the first hatch of fry at that locality, the distribution of which began in the spring of 1877. Prior to the fall and winter of 1876, the hatching had been conducted in private establishments. The grounds purchased were located in the town of Fitchburg, Dane County — a tract known as the "Nine Springs," on Section 3, about three miles southwest of the city of Madison. The tract consists of a fraction less than forty acres, and the price paid was $35 an acre. The Commissioners established a temporary hatching house at Milwaukee for the hatching of spawn of the whitefish and lake trout. The Common Council and the Board of Public Works of that city gave space in their water-works building for that purpose, with permission to draw all the water required for hatching purposes from their reservoirs. In 1S77, $8,000 were appropriated by the State to the object of fish culture in Wisconsin. A like sum was also given in 1878, and the Commission re-organized, increasing the number of members from four to seven, the Governor remaining, as before, a member ex officio. By the purchase of three acres and a fraction, the site of the hatchery, near Madison, 13 now made to contain forty-three acres, with as fine springs as are in the State or in the North- west, and wonderfully adapted for the purposes of the Commission. Improvements have also' been made and two additional ponds constructed. The temp^orary hatching establishment ;it Milwaukee is still continued. The appropriation for the yea'r 1879 by the State amounted to?8,000; for 1880, $2,000. J he Commissioners of Fisheries of Wisconsin, who have served in that capacity since the passage of the law, in 1874, authorizing their apoointment, are as follows : William Welch, A. 456 HISTORY OF DANE COUNTY. Palmer, P. R. Hoy, H. F. Dousman, Moses Hooper, Mark Douglas,* John F. Antisdel,* Chris- topher Hutchinson,* J. V. Jones,* Philo Dunning* and C. L. Valentine.* Govs. LudingtoD and Smith* have also served as ex officio members under the law making them such. M. D, Comstock and H. W. Welsher have served as Superintendents of the Wisconsin Fish Commis- sion, the latter being still in office. VI.— The Soldibes' Orphans' Home. Among all the noble women who gave themselves to the sanitary work of the war, perhaps few were more peculiarly fitted for forming and carrying out plans than Mrs. C. A. P. Harvey. The thrill of horror with which the people of Wisconsin learned that their Governor, Louis P. Harvey, had been drowned at Savannah, Tenn., was one of those things never to be forgotten by the residents of the State. His self-appointed work had been the care of our soldiers after the fearful conflicts at Pittsburg Landing and Shiloh, and out of this grew the career of his stricken wife. At her own request, she soon received from Gov. Salomon a "commission to act as one of the sanitary agents of the State. In the performance of duties thus assumed by her, she found many Northern men languish- ing in Southern hospitals, whose lives depended upon their removal to a more invigorating cli- mate. Becoming convinced of this, she went to Washington, and, by her almost unaided efforts, procured the establishment of a convalescent hospital at Madison, Wis. The building thus used, and known as Harvey Hospital, had been built for a residence by Gov. Farwell, and by its high, spacious and airy rooms, with ample communications between them, was admirably fitted for hos- pital purposes. After it was no longer needed for this use, Mrs. Harvey conceived the idea of converting it into a home for soldiers' orphans. Upon her return from the South, in 1865, Mrs. Harvey brought with her a half-dozen orphans of the war, whom she had picked up, not inquiring on which side their fathers fell. Chiefly through her persistency and indomitable will, the United States Government was induced to convey to the State of Wisconsin the three wings of the building which had been rented as hospital wards, and all the fixtures and supplies, provided the State would purchase the building and grounds. Before this arrangement was completed, however,necessary funds were raised by private subscriptions, and the Home was opened January 1, 1866, .with eighty-four orphan inmates, and Mrs. Harvey at its head. The first bill for a Soldiers' Orphans' Home in Wisconsin was introduced in the Assembly in 1865 ; but the law authorizing its establishment was enacted by the Legislature of 1866, although the Home was opened January 1 of that year. The amount received from private subscriptions was $12,884.69. The property was purchased by the State for $10,000, and the Home became a State institution March 31, 1866. Under, the direction of Mrs. Harvey and a board of trustees, the building was thoroughly refitted and furnished. On the Ist of May, 1867, Mrs. Harvey resigned as Superintendent, and Henry Harnden as Financial Agent. F, B. Brewer succeeded Mrs. Harvey, and Mrs. Brewer was appointed Matron. Mr. Brewer resigned the 1st of January, 1868, and I. N. Cundall was elected to the position of Superin- tendent. After filling it over a year, he resigned, and Was succeeded by W. P. Towers, Mary Towers, his wife, taking the place of Mrs. Brewer, as Matron. Mr. Towers resigned March 1, 1872, and was succeeded by R. W. Burton. Mrs. Burton was the successor of , Mrs. Towers as Matron. Mr. and Mrs. Burton continued to occupy their respective positions until the Home was finally closed. The orphans were not only maintained, but educated and brought up to habits of industry. Under the law of 1870, six of the pupils of the Home were sent to the Normal School at Whitewater to be educated at the expense of the State for two years, the expense not to exceed 8200 per year for each pupil. During the year 1871, one of the boys of the Home, Mendel P. Blakesley, of Patch Grove, was recommended by the examiners as a suitable candidate for the naval school at * strain office. HISTORY OF DANE COUNTY. 457 Annapolis, and in June he went there, passed the examination at the school, and was appointed by President Grant. In the same year, the Home received $23,000 in bonds and $554.97 accrued interest, after paying all the expenses in securing this magnificent bequest; which was the Home's share of nearly $100,000 left by Horatio Ward, deceased, an eminent American banker, who died in London, Eng., to the various Homes that have been formed throughout the loyal States for the orphans by the late war for the restoration of the Union. The philan- thropic testator expressed his desire as to the disposition of this fund as follows : " I judge that the interest only, for a time, will be used, and that the bequest will be so managed as to give the orphans, as they become of age, a sum of money to fit them out in life, and thus gradually extinguish the fund." The Legislature of 1871 enacted a law to the effect that, after September, that year, all chil- dren remaining in the Home should become the wards of the State, and that the State Board of Charities and Eeform should be their legal guardians, with authority to bind out any of the children to such trade or occupation as was deemed best, and to exercise a close supervision over their interest and safety, during their minority. On the 30th of September, 1873, there were 153 children in the Home. The Legislature of 1872 appropriated $30,000 for the current expenses, and, in 1873, $20,000 for the same purpose. But the number of the orphans now continually decreased, owing to the fact that homes were found for many, while some were returned to their mothers ; none were kept in the Home after they reached the age of fifteen years, except in special cases. At length, when the num- ber had diminished to less than forty children, it was thought best to close the institution. This was in 1875. The whole number of orphans cared for during the continuance of the Home was about seven hundred. The Legislature then transferred the Home to the Regents of the University of Wisconsin, authorizing them to establish, as contemplated by the reconstruction act of 1866, a medical col- lege or course of lectures upon all branches usually taught in such an institution, when, in their judgment, such college should be required by the medical profession of the State. But the Presi- dent of the University, in his report for 1875, said: "The time does not seem to have arrived for the establishment of a medical department. Such a college, if established, should certainly be located at Milwaukee, as affording, by its size, far more clinical advantages than Madison, or than any othre place within the State. We should be glad to unite a medical college in Milwaukee to the Uni- versity ; and should hope both to aid it and receive aid from it." In 1876, an act was passed authorizing the sale of the Home by the Regents, or its use for any purpose they might deem expedient. It has since been disposed of, and a Norwegian seminary established therein. This institution is elsewhere described. The following extract from the last report of the Trustees of the Home gives some additional particulars : " Immediately after the closing of the war, Mrs. L. P. Harvey and other benevolent citi- zens began to organize the sympathetic interest which all good citizens felt for the welfare of the children whose fathers had lost their lives in defense of national unity. Voluntary sub- scriptions were invited for the purpose of providing a home for these children, and over $12,000 were subscribed and collected. Mrs. Harvey and B. F. Hopkins solicited from the Secretary of h^A^^ "^^ °^^y^ buildings on the shores of Lake Monona, at Madison, which were owned and had been occupied by the General Government during the war as a military hospital, and in which to gather the soldiers' orphans. " The use of the building was granted, and there, during the fall of 1865, the altar of the aome of Wisconsin Soldiers' Orphans was erected. On the 31st of March, 1866, the Legisla- ture made an appropriation of $10,000 for the purchase of the building, adopted the Home, and provided by law for its government. All soldiers' orphans whose fathers had enlisted in the state were mvited to participate in the benefits of this home, where generous maintenance and 458 HISTORY OF DANE COUNTY. good common-school privileges were provided^ $12,000 were expended in a substantial school building. Nine years afterward, in the spring of 1875, the home was abandoned and the prop- erty transferred to the Regents of the State University. For each one who was an inmate at that time, having no home, one was provided ; those having friends or relatives, were taken in charge by them, and, by way of aid, $5 per month was paid by the State to the guardian or parent until each of the children had arrived at the age of fourteen years. There were admitted into the home, during its existence, six hundred and eighty-three children. Of these, twenty who wished to qualify themselves for teachers, were given the opportunity of a full course at the State Normal Schools, in addition to several years' attendance at the home school. The amount of the appvopriations made by the Legislature for the support of these children and for their educatioi and care, including cost of buildings, from the date of the first act of adoption, March 31, 1866, until the close of the trust so far as the State is concerned, December 31, 1879, was 8342,300." HISTORY OF DANE COUNTY. 459 CHAPTEE YII. State Histoeical Society— Wisoonsin State Ageicultuhal Soctett— ■WiscoNsnir State TTob- TicuLTURAL Society— WiscjoNsiN Academy of Sciences, Arts and Letters— The Old and the New Capitol— The Capitol Grounds— Dane County Bible Society— Political Divi- sions—United States Court House. STATE historical SOCIETY.* The organization of an historical society for Wisconsin had been the subject of public dis- Bussion during 1845 and 1846, and, in October of the latter year, a meeting was held for that purpose at Madison. A. Hyatt Smith was chosen President ; Messrs. Doty and Burnett, Vice Presidents ; Thomas W. Sutherland, Secretary ; E. M. Williamson, Treasurer ; all to hold their respective appointments until the annual meeting, which was fixed for January, 1847. At the first annual meeting, Morgan L. Martin was chosen President, and the other officers were re-elected. The second annual meeting, in January, 1848, was slimly attended, but the organi- zation was not abandoned, and W. R. Smith was chosen President for the ensuing year. The success of the society had not, so far, met the expectations of its founders and friends, and, in January, 1849, a meeting was held for the purpose of creating a new organization, with a view to increasing the membership and to secure a more efficient co-operation in the collection of ma- terial for such a society on the part of early settlers and prominent citizens throughout the State. A new organization was effected ; the Governor, Nelson Dewey, was made ex officio President of the society ; I. A. Lapham, Corresponding Secretary ; Charles Lord, Recording Secretary, and one Vice President was chosen for each of the twenty-five counties then organ- ized. When L. J. Farwell became Governor of the State, and President of the Society, in 1852, he directed a full set of the Territorial and State laws and journals to be placed in the society's library. These, together with two volumes of Proceedings of the American Ethnological Society, presented by Frank Hudson, comprised the total works in the library in October, 1852. After a newspaper discussion, during a part of 1853, regarding some minor difierences, the Society was re-organized in January, 1854, under a charter jjbtained from the Legislature in March, 1853, when W. R. Smith was chosen President ; J. W. Hunt, Librarian ; 0. M. Con- over, Treasurer; Charles Lord, Recording Secretary; Lyman C. Draper, Corresponding Sec- retary; and S. H. Carpenter, Librarian. In 1855, Daniel S. Durrie was chosen Librarian; Messrs. Durrie and Draper have ever since held their respective offices. From the date of its re-organization to the present time, the society has had a prosperous career. It occupies the second floor of the south wing of the State House for its collections. Its officers claim to have 90,000 books, pamphlets and documents. There are collected here files, more or less complete, of nearly all the newspapers of the State. The Society has accumulated a number of prehistoric copper implements and Indian relics, and has published eight volumes of historical collections. Many portraits of pnneers and noted citizens belong to the society. The library has, by action of the society and the State, become, for all practical purposes, a State library. Liberal appropria- tions for the purchase of books and for the salaries of its officers, are made by the Legislature annually. The officers of the society from its first organization are as follows : Presidents — A. Hyatt MQith. 1846 ; Morgan L. Martin, 1847 ; William R. Smith, 1848 ; Nelson Dewey, 1849-51 ; the treMnrv' The New Oapitol. — The old capitol proving inadequate to the growing wants of the State, the Legislature of 1857 provided for its enlargement ; that is to say, for the erection, in reality, of a new building. By this act, the Commissioners of School and University Lands were directed to sell the ten sections of land appropriated by Congress " for the completion of public build- ings," and apply the proceeds toward enlarging and improving the State House. The State also appropriated $30,000 for the same object, and $50,000 were given by the city of Madison. The Governor and Secretary of State were made commissioners for conducting the work, which was begun in the fall of 1857, and continued from year to year until 1869, when the dome was completed. The total appropriations for the buildmg were $533,519.67. The cost of the fix- tures was $21,994.24. The height of the new building from the basement to the top of the flag-staflf is 226| feet, while the total length of its north and south wings, exclusive of steps and porticoes, is 228 feet, and of the east and west wings, 226 feet. The completeness of the arrangements on the inside HISTORY OF DANE COUNTY. 465 fully correspond with the external appearance of the capitol. On the first floor are the State departments. In the east wing, on opposite sides of the hall, are the Executive office and the office of the Secretary of State. The north wing is arranged in a similar manner, and contains the offices of the State Treasurer and Commissioners of Public Lands. In the south wing, on one side of the hall are the offices of the Attorney General and Superintendent of Public Property, and on the other that of the Superintendent of Public Instruction. The rooms of the State Agricult- ural Society occupy one-half of the west wing, while opposite them are the offices of Railroad Commissioners, Adjutant General, State Treasury Agent, State Board of Charities and Reform, and Commissioner of Insurance. On the second floor, the Senate Chamber occupies the east wing and the Assembly Chamber the west, while on the north wing are the State library and Supreme Court rooms, and in the south the rooms of the State Historical Society. In the base- ment are carpenter-shops, water-closets, store-rooms and committee rooms. The third floor is also divided up into committee rooms, which are occupied only during the session of the Legis- lature. Iron stairways lead from story to story from the basement to the tholus, from which a fine view of the surrounding country is afforded. THE CAPITOL GROUNDS. The grounds belonging to Wisconsin, in the center of which stands the State House, are usually known as The Park. On the 6th day of April, 1836, James D. Doty and Stevens T. Mason entered the lands upon which was afterward located " the town of Madison," they receiving a patent of the same on the 10th day of August, 1837. On the 1st day of May, 1836, Doty sold to Mason his in- terest in the land. Mason, on the 28th of that month, executed to Doty a power of attorney to sell the land, and he did so sell it, on the 1st day of June following, to the Four Lake Company, of which company he was a member and trustee and active manager. He afterward caused to be laid out on the land thus conveyed, " the town of Madison," he acknowledging the plat to be a correct one, on the 27th of October, 1836. This plat is generally known as " the Doty Plit." He afterward had another plat executed similar in most respects to the first one, which was acknowledged by " James Duane Doty as Agent, Trustee and Attorney of the Four Lake Company, and of the stockholders thereof," on 2d day of January, 1837. This is known as " the Doty Trustee Plat." Evidently, the object of the execution and acknowledgment of the second plat was to " cure " any defect in the acknowledgment of the first plat by Doty, which he did "in his own proper person " and not as trustee. In both plats a " public square " appears, dedicated to the public, to be used for county and Territorial purposes, which square, including streets, is declared to be 914 feet square. What was meant by the donation " for Territorial purposes," was easy to be understood when it transpired that "the town of Madison " was to be a competitor in the race for the Territorial capital; if successful, of course, on the square would be built the building to be used by the Legislature for their meetings, and by all the Territorial offices ; the structure to become, with- out doubt, when the Territory was admitted into the Union, Wisconsin's Capitol. The question as to the location of the capital of the Territory was soon settled in favor of Madison, and Doty made haste to "stake off" the public square "therein— the fact being that the Surveyor, John V. Suydam, had only run the exterior lines of the plat. In midwinter, the square was surveyed by Moses M. Strong, of Mineral Point, and its boundaries indicated by stakes. Then followed the commencement of a building thereon for "Territorial purposes ;" but the mterests of Dane County — "county purposes" — in the grounds, were lost sight of. But the question was soon agitated as to whether the Territory had a legal title to the ground8---a very important question, and one to be settled before much public money should be expended thereon. f ,,^''® Madison, adopted. A committee of five, consisting of James P. McPherson, of Springdale ; Joseph Main, of Rut- land ; E. A. Spencer, of Windsor ; H. M. Warner, of Black Earth, and W. T. Leitch, of the city of Madison, were appointed to nominate officers for the society, and who reported the following- named persons for officers, respectively, and they were elected as officers of the society for the year 1870, viz.: President — William R. Taylor, Cottage Grove ; Secretary — George C. Russell, Town of Madison ; Treasurer — George A. Mason, City of Madison. Board of Trustees : First Assembly District — George E. Bryant, Blooming Grove ; Sec- ond Assembly District — Clement E. Warner, Windsor ; Third Assembly District — Matthew Anderson, Cross Plains ; Fourth Assembly District — James P. McPherson, Springdale ; Fifth Assembly District — William T. Leitch, City of Madison ; Eleventh Senatorial District — Rich- ard D. Frost, Blooming Grove ; Twenty-sixth Senatorial District — David Ford, Springfield. The first meeting of the officers and Trustees was held on the 7th day of June, 1870, at the rooms of the State Agricultural Society, in the State capitol at Madison, at which meeting the premium list was arranged, and September 20, 21 and 22, was fixed as the time, and the fair grounds in the City of Madison, the place, for holding the first fair. The first fair was held at the fair grounds in the city of Madison, on the 20th, 21st and 22d of September, 1870, and was a gratifying success to the friends of the society, there being _ a good attendance, and a fine exhibition of the general products of the county; the receipts of the society during the fair being $2,111.09. The officers of the society, encouraged by the suc- cess of their efforts in their first fair, felt that it was necessary to secure some permanent grounds to hold the annual exhibitions of the society, secured aid from the county in purchasing a tract of about eight acres adjoining the State Agricultural Society's grounds, and the city limits. This tract containing, as it did, most of the stock sheds and stables heretofore used by the State Agricultural Society when holding its fairs at Madison, it places the county society in a position whereby they have permanent grounds and ample accommodations for their future exhibitions. < r o The society have held annual fairs from 1870 to 1877 inclusive, since which time the State ^airs have been held at Madison, and the county society has maintained its organization, but has held no exhibitions. ' & ' 482 HISTORY OF DANE COUNTY. Since the organization of the, society, the annual exhibitions have steadily increased in value, and have become a matter of general interest to citizens of the county, as may be seen by the following table of the receipts and disbursements of the society. TEAB. RECEIPTS. DISBUKSEMENTS. PREMIUMS PAID, 1870 $2,111 09 2,787 33 5,012 95 2,799 34 4,877 80 3,382 53 3,413 83 8,622 24 1,105 00 $2,095 94 2,765 41 5,050 02 . 2,768 22 4,i83 74 3,807 71 3,396 21 3,620 72 1,119 32 $1,057 15 1,329 92 2,891 60 485 00 1871 1872 1873 1874 1,698 87 2,221 77 1,879 60 2,000 46 65 63 1875 1876 1877 1878*. Total $29,112 11 $29,107 29 $13,629 69 The following is a list of the principal officers of the society from its organization to the present time : Presidents— William R. Taylor, 1871-72; Matthew Anderson, 1873 to 1879 inclusive; W. C. Kiser, 1879-80. Secretaries— George C. Russell, 1871 ; 0. S. Willey, 1872 ; George C. Russell, 1873 to 1880 inclusive. Treasurers— George A. Mason, 1871-72 ; James L. Hill, 1873 ; William T. McConnel, 1874 to the present time. HORTICULTITRE AND THE MADISON HORTICULTURAL SGCIETY.f To speak of the history of horticulture in Dane County, a county the existence of vfhioh began, as it were, but yesterday, seems somewhat like pretension. But when we reflect for a moment, that history is often made up in the very briefest periods of time, in the' most circum- scribed geographical limits, or observe the eiforts which are everywhere being made to unravol the mysteries of the origin of nations, and, above all, the great interest taken by the wisesi and greatest of our time in such efforts, we need not shrink from recording the progress in any or all the arts, ornamental or useful, of any portion of our people, or of any part, though it be only a small part, of our State of Wisconsin. Besides, if it were given me to make choice of a subject, by the discussion of which I could best show the progress of our citizens of Dane, I should prefer that of horticulture to any other. For it has ever been found that in proportion as nations become educated, cultured and affluent, they become horticultural. It was the great and wise Lord Bacon who said, " Man shall ever see, that when ages grow into civility and elegance, men come to build stately edifices sooner than to garden finely, as if gardening were the greater perfection." The art of horticulture is of slow growth, simply because it cannot be taught ; it must be learned. Practically speaking, it is not to be bodily transplanted from one countiy to another, scarcely from one State to another, nor, indeed, always from one county to another, especially in this State. If we seek success in horticulture by imitating the -horticultural processes of other places, we find to our grief that imitition is the mother of ill luck. If we seek success in learning for ourselves by our own labor and thought and close observation, we find, though our progress is slow, it is progress. Nor is there any other wise course open to us. We are, if not a new people, at least a people laboring under new co)iditions. Wisconsin is not horticult- urally a California nor a Massachusetts. We cannot take either of these States for our example in horticulture, nor, indeed, as I have already said, can we adopt in this particular any State for our example ; we must learn for ourselves. * No fair held in IMS. t From the pea of Dr. Joseph Uobbins, of Madison. HISTOBY OF DANE COUNTY. 483 For the soundness of this assertion, I would bid you look around over this county, mark the blasted and ruined orchards, and. listen to the stories of fruit-tree failures as told by our people. These trees were brought from the East, from the Middle States, and, occasionally, from the South. Some four hundred varieties of apple trees have thus been tried in this State, and as with the apple tree, so with other fruit trees. This is imitation, and the result disappoint- ment, disgust, and loss of time and money. It is art without science. Now comes science, taking art by the hand, and saying to her, " Follow me." A new era began in horticulture. Men commenced to learn something of the climate, something of the soil, the aspect, the proper elevation, the best method of treating the tree and the be«t kind of trees to grow. The observer, warned by the folly of imitating men a thousand miles away, began to look over his neighbor's fence, watch his neighbor's success, learn the conditions of that suc- cess, and then, and not until then, plant and watch for himself. This is the plan of to-day, and this is the plan that is giving us, in spite of our short doings, fruit, and enough in variety and quantity and quality for our people of Dane County. Is this historical ? I answer, it is the record of a revolution in horticulture in our county as well as in the surrounding counties, and in its importance deserves to be so considered as a lesson to the future. The history of horticulture in Dane County would seem to commence in 1845, in which year, as J. C. Plumb informs me, he first peddled fruit trees from a wagon in Madison and through the county. H. A. Tenney says : " In 1847, there was no such thing, practically speaking, as fruit in Dane County. There came in, soon afterward, a few currants from John Hand's nursery, near Black Earth, and some Fastolf raspberries, which were sold at |3 per dozen canes. A few more currants were brought in by some settlers about the same time, particularly by M. MacFadden, in the south corner of the county. It was about 1854 that Simeon Mills, Alexander Botkin and myself sent to Rochester, N. Y., for some fruit trees, but at that time there were no orchards in bearing in the county, and it was claimed that fruit could not be raised here." Mr. Ernest Soiiimers, in 1850, planted an orchard of eight hundred trees in Farwell's Addi- tion for ex-Gov. Farwell, and began to plant for himself in 1853. Mr. Larkins had a small orchard, at the same time, near the present city cemetery. There was also a fair new orchard at Sugar River in 1850. Peter Matts, of Verona, and W. A. Wheeler had young orchards. With these, and perhaps some other exceptions, there were but a few scattering fruit trees. ^ Independent of the above gentlemen, growing fruit trees, but coming later, were John Hand, in the city ; Plumb, Willey & Co. and Chandler, of Rock Terrace Nurseries ; Howie, of West- port ; a nursery at Black Earth ; Bell, of Vermont ; the Turvilles, on Lake Monona; theAdamses, now of this city ; and others. Says Mr. Plumb : " In 1857, Jonathan French, of Fitchbiirg, was the only exhibitor of apples from Dane County, at the county fair held in Madison, which called for mention in the published report of the Secretary for that year. From 1850 to 1860, the Rev. Mr. Cannouse, 01 Cottage Grove, was a large planter of choice fruit trees, which, however, did not prove suc- cessful, his soil not being adapted to the experiment. In the spring of 1858, I started the '^7™'?"^'''* nirsery northeast of the city, in company with D. J. Powers, and subsequently i'r -Q T ^" ^^'^*y' '''^^•'^ ^'*® continued independently on Lake Monona's shore until 1867. In 18o9, L. B. Chandler started upon the Robbins farm, and continued until his death, in 1867. ihere was a small nursery near Sun Prairie, by a Mr. Swan, from 1859 to 1866, and one also m the town of Blooming Grove for a few years.'"' My own horticultural reminiscences extend as far back as 1855. The only cultivated rmt 1 could buy upon one occasion in this year (I mean as grown in Madison), was 10 cents' worth of pie-plant, out of almost the otAj fruit garden in the city. To be sure, there were two, and only two, grape-vines in the city at that time (Clintons, I think they were), and I did not now any other, though, possibly enough, there might have been one or two more in the county. 484 HISTORY OF DANE COUNTY. Few flowers were grown in those days. The only flower garden proper that I remember belonged to G. P. Delaplaine, and was attached to his cottage on the square ; and the only vegetable and fruit garden to Col. Fairchild, on Monona Lake. It was reserved for the Madison Horticultural Society to give the needed impetus to fruit planting, flower growing, landscape gardening and rural art in general, for which nature, in the beautiful and scenic surroundings of both city and country, had so bountifully provided. This society was organized July 17, 1858, and chartered March 29, 1861. It is the parent society of all similar societies in the State. Some of its ofiicers, as William T. Leitch and myself, have been its President or Secretary for over twenty years. The society has invariably held three exhibitions in the year ; and for many years monthly winter discussions of papers always published. It is possessed of ample funds, of which it is proposed to spend in the future a liberal amount in planting shade trees and otherwise beautifying the city. It may be permitted me to add that it was at one of the meetings, in 1858, of the society that the question was raised as to whether grapes could be grown in this State. Out of the dis- cussion of this question grew my experimenting with the grape. Since then I have tested over 400 varieties, and at the present have some ninety or more varieties in my garden. In order to convince the people of the State that grapes could be grown, and to induce them to grow them, I raised for many years some 400 plants yearly, and scattered them broadcast. To-day we have an abundance of the best varieties of grape, of the apple, crab, pear, plum, cherry, raspberry, blackberry, strawberry, currant, etc., by which it can be readily judged that fruit has grown, does grow, and will continue to grow, most luxuriantly in our county, if we only pay it the attention that every living thing, animal or vegetable, requires for its well being. No one, indeed, can drive through our towns without noticing that every decent-looking, farmhouse has its orchard, large or small, its kitchen-garden, its little sprinkling of flowers, and more or less of that out-door ornamentation that tells of taste and ease and comfort within. And so, to some extent, with the more primitive log cabin, the pioneer home of the West, Very few of them but what possess some scattering fruit-trees, many of them, especially among the Germans, a little vineyard, all alike struggling into a better state of things. An article on the horticulture of the county would scarcely be complete without something more than an allusion to its flowers, nor, indeed, without a proper notice of its vegetables. Of the latter it may be justly said that, for years past, no finer varieties, or growth, or greater number of varieties can be found on this side of the Rocky Mountains than are found in Dane County. And of the cultivated flowers, some estimate may be formed by the statement furnished us by Mrs. Williams,* for years one of the most active and observant members of the city horticult- ural society. She estimates the number of varieties of flowers at about two hundred. This number is, I think, too low, as I have grown in my own garden one hundred and twenty varieties in one year. Of house plants, over one hundred and fifty varieties; of foliage plants, over one hundred varieties ; of flowering shrubs, hardy, half-hardy and tender, some seven ty-flve to a hundred varieties, and of roses, at least a hundred varieties. This is truly a goodly array, horticulturally considered, for Dane County ; and if, as seems so justly claimed, it be granted that advanced horticulture is one of the best and most constant expressions of a highly advanced state of society, then, indeed, has our county of Dane great reason to be satisfied with its social standing — second to none in the Northwest. FLORA. t The first flower of spring is generally to be found about the middle of March, on the east hillside. It is the spiritual Anemone Pulsatilla, pasque-flower, supposed to open only when the wind blows. Each flower-stalk bears several gray, silky leaves, crowned with a single large, cro- cus-shaped flower of white, tinted with pink and blue. *Mr8. Williams is the owner of the Third Ward Conservatory, so many years saccessfally managed by J. T. Stevens. ■[•By Mrs. H. M. Lewis, of Madison. HISTORY OF DANE COUiJXy. 485 The Hepatica, liver-leaf, is the next comer, with lovely white, delicate purple and pink flowers all crowded together like a pestful of little bii'ds. This dear flower is the sweetest mes- senger of spring. It should be the American poet's flower. Our two varieties are the H. tri- loba (round-lobed Hepatica), and H. acutiloba (sharp-lobed Hepatica). The Sanguinaria, blood-root, with pure white blossom and bud like wax, enveloped in a robe of pale green, is most beautiful. The root is filled with a fluid resembling blood. Another familiar friend sure to be near (for plants choose their company) is the Anemone Nemorosa wind-flower, wood-anemone of poetic fame, and A. parviflora. We have several vari- eties coming later. Thalictrum anemonoides, rue anemone and Isopyrum biternatum, in aspect and size, closely resembles the Anemone nemarosa. The Dicentra, Dutchman's breeches, is a_perennial, having finely divided leaves, from the midst of which arises a scape, having a one-sided raceme of white or creamy pendulous flowers. The Corydalis aurea (golden C.) belongs to the same family, and resembles the Dutchman's breeches, only the corolla is golden. The Claytonea, spring beauty, belongs to the Portulacacese family. The single stem bears a pair of opposite narrow leaves, and a loose raceme of pretty flowers; corolla rose-color, with deeper veins. It was named in honor of Dr. John Clayton, one of our earliest botanists. Cruciferse Dentaria, pepper-root, is sometimes mistaken for the Claytonea. It blossoms with it, and somewhat resembles it. Caetha, marsh marigold, is a well-known golden-colored flower found growing in wet places. It is commonly called cowslip. The cowslip is a plant not related to the marsh marigold. The dandelion, Taraxacum, with its familiar face, needs no introduction to us in the Mid- dle Western States, but, in the far Northwest, it is a stranger. The Ranunculus, crowfoot, buttercup, is a common, well-known flower, named by Pliny for a little frog, the ]^. reptans (creeping crowfoot), R. fasciculares (early crowfoot), R. aquatilis (white water crowfoot), R. multifidus (yellow water crowfoot), R. abortivus (small-flowered crow- foot), are all found growing in and around Lake Mendota. The violet, viola, heart's-ease, " The first, the fairest thing That heaven upon the earth doth fiing," is found growing abundantly in our woods. The V. blanda (sweet white V.), the V. cucullata (common blue V.), V. sagittata (arrow-leaved V.), V. delphinifolia (Larkspur V.), V. pedata (bird-foot V.), are the varieties most frequently seen. The Trillium, Wake Robin (name from trilix, triple, all its parts being in threes). It is sometimes called Trinity Flower. The T. grandiflorum, with large, white, beautiful lily, is the one usually seen ; but the T. pectum grows freely in some localities. This variety grows only in North America. Belles integrifolia, Western Daisy, abounds in a few localities ; its rays are of violet purple. Phlox Divaricata Laphamii (named after our lamented Dr. Lapham) comes in bloom early m May ; stems spreading, color blue, with a purple tinge. P. glabirrima is rose-colored ; comes later. P. pilosa is another fine variety ; color, pink purple. Aquilegia Canadensis, Wild Columbine, commonly called honey-suckle, from having a drop of honey secreted in the spur of the flower, but it is in reality not related to the honey- suckle family. These beautiful, pendulous, scarlet flowers, yellow inside, are well known, and very generally admired. Polemonium reptans, Jacob's Ladder, is a lovely sky-blue flower, with white eye, often called erroneously, Forget-Me-Not. The Dodecatheon (name from the twelve gods or divinities), commonly called Shooting Star and American Cowslip. It is well known in the West. An Eastern floral magazine says, " It 18 a rare flower, seldom or never seen in the North," which is a mistake. The flowers are borne 486 HISTORY OF DANE COUNTY. in clusters, pure white, or tinted' light rose color or lavender, with petals thrown back from the center like cyclamen. Dvularia grandiflora, Bellwort, belongs to the Lily family ; grows about a foot high ■ flowers light yellow, drooping. Polygonatum, Solomon's Seal, is a perennial found in rich woods. P. biflorum (smaller Solomon's Seal) and P. gigantelim (Great S. S.) are the true varieties of the false Solomon's Seal. We have three varieties — Smilacina stellata, S. trifolia and S. bifolia. Gerarde said, in 1590, that " the root of Solomon's Seal, stamped while green, and applied, 'taketh away in one night any bruise, black or blue spots, gotten byffalls or woman's wilfulnesse in stumbling upon their hasty husband's fists, or such like." Castilleia, Painted Cup, is one of the most showy of the Western flowers. Spreading masses, or patches, used to bo seen for miles on our prairies. It will not bear cultivation, as it is a root parasite. The C. coccinea is the variety usually seen, but the 0. sessiliflora and C. pallida are met with occasionally. The Lupinus perennis, Quaker Bonnets, a few years ago, grew so bountifully that they could be gathered by the armful ; but, alas ! now they are becoming so rare that they are almost unknown, as they grow in the wild state. Lithospermum is a coarse but showy biennial, of bright orange color, that grows in large clusters ; the L. hirtum (Hairy Puccoon) and L. Canescens (Hoary Puccoon or Alkanet) are the common varieties. The Cypripedium (name signifying Venus' slipper). Moccasin flower, is curious and beautiful ; the 0. candidum (small white Lady's slipper), 0. pubescens (larger yellow L.), C. parviflorum (smaller yellow L.), and the spectabile, the most beautiful one of the genus, are found within a radius of two miles from Madison. The Orchis spectabilis. Showy Orchis — the only species of the Orchis proper in the United Seates,is frequently met with. Flower stem about six inches high, flowers rose-color, and white, pretty. The Hydrophyllum Virginicum, Water Leaf, grows freely in rich woods. The large, green leaf is blotched with white, early in the spring, flowers pinkish-violet, stamens protruding. H. appendiculatum is more rarely, seen. The Geranium maculatum, Cranesbill, is a showy, well-known rose-colored flower, grow- ing freely in fence-corners and edges of woods. The Arum (name signifying mark), Jack-in-the Pulpit, is a well-known and interesting flower ; color, light green and brown, with deeper brown spots. The legend is that "it was at the foot of the cross, and stained by the dropping blood of Jesus." Smilax herbacea. Carrion Flower, is a half climber, leaves glossy, heart-shaped, flower white, tinted with green. Iris, Flower-de-luce (from the Greek, the rainbow deified), is foand growing in water or on low lands, common variety is I. versicolor (large blue flag). Podophyllum, May Apple, Mandrake. The flowering stem bears two one-sided large leaves with nodding, wax-like flowers from the fork of the leaf The Mustard family is a large one, many of them Arctic plants, therefore, doubly interest- ing. Of this family we might mention the Water and Rock Cress, Cuckoo Flower, Pepper-root, Shepherd's-purse and many others, did space permit, but will only specify the Erysimum Arkansanum, Western Wall-flower, the same highly advertised by Viek and others. The color is yellow, very fragrant. The Tradescantia Virginica, Spiderwort, has intensely blue flowers, produced every morning, from early June to September ; foliage grass-like, cultivated in flower-gardens at the East. The Rose — the.flower of love, poetry and song, can be found growing over the river banks, the prairies, and by the roadsides, always a thing of beauty. The Blanda (early wild and Lucida (Dwarf wild Rose) are the only native varieties. Oi^^e^c^, MADISON "^^ HISTOliY OF DANE COUKTY. 489 I have endeavored to name, as nearly as possible, the flowers in the succession as they appear from March to the middle of June. A few of our most beautiful and noted flowers com- ing later are, the two Field Lilies, Philadelphicum (Wild Orange, Red Lily), and L. Canadensis (Wild Yellow Lily), Nymphia (White Water Lily), Sarracenia (Side-saddle Flower), four varieties of Gentians, Lobelia (Cardinal Flower), Monatropa (Indian Pipe). In all probability a thou- sand species of plants could be gathered in Dane County alone, while in the adjacent counties many more could be added, as the flora differs greatly in the counties north and west. 490 HISTOEY OF DANE COUilTY. OHAPTEE IX. Courts Having Theie Sittings in Dane County— Norwegian Lutheran SeminabI"— Albion Academy and Normal Institue — Statistics. courts having their sittings in dane county. Federal Courts. — By Section 4 of the act of Congress entitled " An act to enable the people of Wisconsin Territory to form a Constitution and State Government, and for the admis- sion of such State into the Union," approved August 6, 1846, it was inter alia provided : * * * " and said State shall constitute one district and be called the District of Wisconsin, and a District Court shall be held therein, to consist of one Judge, who shall reside in said dis- trict, and be called a District Judge. He shall hold at the seat of Government of said State, two sessions of said court annually, on the first Monday in January and July, and he shall, in all things, have and exercise the same jurisdiction and powers which were by law given to the Judge of the Kentucky District, under an act entitled ' An act to establish the Judicial Courts of the United States.' He shall appoint a clerk for said district, who shall reside and keep the records of said court at the place of holding the same, and shall receive for the services per- formed by him, the same fees to which the Clerk of the Kentucky District is by law entitled for similar services. There shall be allowed to the Judge of said District Court the annual compen- sation of $1,500." Section 5 of said act provides for the appointment of a " person learned in the law to act as attorney of the United States " in said district, and provides that, besides the stated fees, he is to receive a salary of $200. It also provides for the appointment of a Marshal in said district, to perform the duties and services, and entitled to the fees and emoluments given to the Mar- shals of other districts. Under this section, it will be seen that the Federal Court was to hold two terms at the times provided, in the city of Madison, which, by Section 6, of Article XIV, of the Constitution, adopted by the convention. February 1, A. D. 1848, was declared to " be and remain the seat of government until otherwise provided by law." By Section 4 of the act of Congress entitled "An act for the admission of the State of Wis- consin into the Union," approved May 29, 1848, the provisions in the foregoing section of the act of August 6, 1846, were modified so as to read " that the Judge of the District Court for the District of Wisconsin shall hold a term of said court in each year, at the seat of government, to commence on the first Monday of July, and another term of said court in each year at Mil- waukee, to commence on the first Monday of January." It also gave him power to hold special terms of court at either Madison or Milwaukee, wherever he should deem that the nature and amount of business should require, the records and papers to be kept at either place, as the Judge might direct. Pursuant to these provisions, the Hon. Andrew G. Miller, a lawyer of prominence, resid- ing in the city of Milwaukee, was appointed District Judge of the District of Wisconsin, on the 12th day of June, A. D. 1848. By the provisions of the act of Congress entitled " An act making appropriations for the legislative, executive and judicial expenses of government for the year ending the 30th ot June, 1858," approved March 3, 1857, it was, among other things, provided, "that the annual salary of the District Judge of the United States for the District of Wisconsin shall hereafter be $2,500. This salary was afterward increased, and is now $3,500 per year. HISTORY or DANE COUNTY. 491 Congress, by an act approved July 15, 1862, amending the act of March 3, 1837, which ■was supplementary to the act establishing the judicial system of the United States, declared that " the districts of Michigan, Wisconsin and Illinois shall constitute the Eighth Circuit ; " and pro- vided that Circuit Courts should be held therein at the same times and places as were then prescribed by law for holding the District Courts of said district, thereby creating a Circuit Court of the United States to be held in Wisconsin; and provided that the same allotment of Justices of the Supreme Court to hold such Circuit. Courts should continue as had theretofore been made. The powers and jurisdiction of a Circuit Court which had previously been vested in the District Court of Wisconsin, was by the same act repealed; and it was provided that each court should have and exercise such powers only as were given to similar courts throughout the other circuits,, repealing all provisions of all laws inconsistent therewith. The effect of the above was to make Mr. Miller Judge of the District Court purely, with the power given in the statutes to hold the Circuit Court of said district in company with the Circuit. Judge ^nd Circuit Justice, or either of them, or alone in their absence. By the act approved February 9, 1863, Wisconsin was made a part of the Ninth Judicial Circuit. It was, by a subsequent act, made, and now constitutes, a portion of the Seventh Judi- cial Circuit, the Hon. Thomas Drummond, of Chicago, Circuit Judge. The times for holding the Circuit and District Courts for Wisconsin were, by Section 5 of the act of June 27, 1864, changed as follows : To be held at the city of Milwaukee on the second Monday of April and the second Monday of September ; and at the city of Madison on the first Monday of January in each year, respectively. The business of the United States Courts becoming too large to be easily attended to by a single District Judge, by an act of Congress, entitled " An act to establish the Western Judi- cial District of Wisconsin," approved June 30, 1870, the State was divided into two districts, the Eastern and Western. That portion of the State comprising the counties of Rock, Jefferson, Dane, Green, Grant, Columbia, Iowa, La Fayette, Sauk, Richland, Crawford, Vernon, La Crosse, Monroe, Adams, Juneau, Buffalo, Chippewa, Dunn, Clark, Jackson, Eau Claire, Pepin, Mara- thon, Wood, Pierce, Polk, Portage, St. Croix, Trempeleau, Douglas, Barron, Burnett, Ashland and Bayfield, was constituted the Western, and the remainder of the State the Eastern, District. The terms were appointed to be held for the Western District, at Madison on the first Monday in June, and a{ La Crosse the first Monday in December. In the Eastern, they were to be held at Oshkosh on the first Monday of July, and at Milwaukee on the first Monday of January and October of each year. A District Judge for said Western District was provided for, and a Marshal, District Attorney and Clerk at Madison and Clerk at La Crosse. Under these provisions, James C. Hopkins, of Madison, Wis., was appointed Judge of said Western District on the 9th day of July, A.D. 1870, the Hon. A. G-. Miller remaining Judge of the Eastern District. F. W. Oakley, of Beloit, Wis., was appointed Marshal ; and Charles M, Webb, of Grand Rapids, appointed District Attorney, on the 9th of July, 1870. F. M. Stewart, of Baraboo, on the 2d day of August, 1870, was appointed Clerk of both Circuit and District Courts at Madison ; and H. J. Peck, of La Crosse, Clerk at that place, on the 18th of August, 1870. On the 19th of October, 1879, Sidney Foote, of Madison, was appointed a Register in Bankruptcy ; and on the 10th January, 1871, Carson Graham, of Viroqua, was appointed Register at La Crosse. The terms of court were changed by act of Congress, approved May 9, 1872, and directed to be held at La Crosse on the third Tuesday of September, and abolishing the December term there, but reserving to the Judges the right to appoint special terms as they might deem necessary. No change occurred in the ofiBcers of the courts until the death of Mr. Foote, the Register m Bankruptcy, which occurred in March, 1877. He was succeeded in office by Mr. S. W. Hotkm, of Madison, the present incumbent. On the 4th day of September, 1877, Judge Hopkins died, after a service of over seven years. His successor, Romanzo Bunn, of Sparta, Wis., the present Judge, was appointed on the 13th day of October, A. D. 1877. 492 HISTORY OF DANE COUNTY On the 5th day of February, A. D. 1878, Henry M. Lewis, of Madison, was appointed Dis- tri'ct Attorney vice Charles M. Webb, resigned. These officers now constitute the officers of the Federal Court of the Western District of Wisconsin. Territorial and State Supreme Court.* — The history of the Supreme Courts of the Terri- tory and State of Wisconsin belongs rather to the general history of the State than to that ol any one county. Yet, as those courts have held all but three of their terms at the city of Mad- ison ; as their Judges and other officers have either resided in that city, or, at least, spent consid- erable portions of their time there during their several periods of service ; and as nearly all law- yers of distinction in the State or Territory, as members of the bar of those courts, have resorted, with greater or less frequency, to the capital city to attend the sessions of the supremo tribunal, or to uvail themselves of tlio State law library — it has been thought best to include in this liia- tory of Dane County an historical sketch of those courts, in which some facts may be stated in greater detail, and all the important facts bearing upon that particular topic may be grouped to- gether more closely, than in the general history of the State, with which this volume opens. The act of Congress which provided for the organization of the Wisconsin Territory, de- clared that the judicial power therein should be vested in a Supreme Court, District Courts, Probate Courts and Justices of the Peace. The Supreme Court was to consist of a Chief Jus- ■tice and two Associate Judges, any two of whom should bo a quorum ; and they were required to hold a term of the court annually at the seat of government. The Territory was to be divi- ded into three judicial districts ; and it was provided that "a District Court or Courts" should be held in each of said districts, by one of the Judges of the Supreme Court, at such times and plnces as might be prescribed by law. The jurisdiction of these several courts was to be "as limited by law ;" but the act declared that both the Supreme and District Courts should "pos- sess chancery as well as common-law jurisdiction;" that "writs of error, bills of exceptions and appeals in chancery causes " should be " allowed in all cases, from the final decisions of the Dis- trict Courts to the Supreme Court," under regulations to be prescribed by law ; and that in no case removed to the Supreme Court should there be a trial there by jury. It further provided that " writs of error and appeals from the final decisions of the said Supreme Court " should be " allowed and taken to the Supreme Court of the United States, where the value of the property or the amount in controversy, to be ascertained by the oath or affirmation of either party," should exceed $1,000. The Supreme Court was further empowered by the act (as waa each District Court) to appoint its own Clerk. The Judges of the Supreme Court, as well as a United States Attorney and Marsha! for the Territory, were to be appointed by the President, by and with the advice and consent of the Senate ; the former to hold their offices during good behavior, and the latter, each for a term of four years. In spite of vigorous efforts, by leading politicians of that early day, to induce the President to appoint to all the leading offices of the new government persons then resident in the Territory, President Jackson appointed, as Chief Justice, Charles Dunn, then of Illinois, while for the Associate Judges, he selected William C. Frazer, of Pennsylvania, and David Irvin, for- merly of Virginia, but who had been, during the preceding four years, Judge of the additional or Fourth District of the Michigan Territory, which comprised the whole of that Territory west of Lake Michigan. Judge Irvin was, nominally, a resident of the new Territory at the time of his appointment ; but ho was a bachelor, without any permanent home, and, except during short terms at Mackinaw, Green Bay and Mineral Point, is said to have passed his time in some of the older parts of the United States, usually in Virginia or in St. Louis, so that leading and in- fluential persons in the Territory had strongly urged the President to treat the District Judge- ship as va ant, by reason of Judge Irvin's non-residence, and to appoint a resident of the Terri- tory to fill the vacancy. William W. Chapman was appointed United States Attorney, and Francis Gehon Marshal of the Territory. On the 4th of July, 1836 (the day on which the civil existence of the new Territory began). Chief Justice Dunn and Judge Irvin, as well as the newly •Written expressly for this history, by 0. M. Gonover, LL. D., Reporter to the Supreme Oourt of Wisconsin. HISTORY OF DANE COUNTY. 493 appointed Governor (Henry Dodge), and the Secretary (Robert S. Horner), took the oath of ofBce at Mineral Point, in the midst of great rejoicing and festivities on the part of as large a crowd as could then be assembled at the metropolis of the mining region. The Chief Justice of the new Supreme Court was then in his thirty-seventh year, of Irish descent, of Virginia ancestry on his mother's side, a native of Kentucky. Having enjoyed the advantage of a nine years' preliminary education at Louisville before he attained the age of eight- een and having read law for about three years with distinguished lawyers of Kentucky and Illinois, he was admitted to the bar in the latter State before reaching his majority, and had practiced there during most of the next sixteen years, except so far as his practice was inter- rupted by the duties of various civil and military offices. He had taken part in the Black Hfiwk war as Captain of an Illinois company, and had entered Wisconsin with the Illinois forces engaged in the pursuit of the retreating enemy. Within the limits of what is now the town of Dunn, in Dane County, he had been wounded by a blundering sentinel ; and had thus been dis- abled for further service in the campaign. An able and well-read lawyer, endowed with a fine physique, with a countenance open, ruddy and frank, whose lines were nevertheless strong and indicative of good sense and a strong will, with a firm, manly and dignified bearing, familiar with the habits of border life, yet with the manners of an urbane and cultivated gentleman. Judge Dunn, though still a young man, had little difficulty in commanding the respect or win- ning the general good will of the people among whom his lot was now cast. Judge David Irvin appears to have been a man of widely diiferent type from the Chief Justice. A native of the Shenandoah Valley, in Virginia, of Scotch-Irish descent (his father being a Presbyterian minister and teacher of the ancient classics), he was appointed in 1832, by President Jackson, at the suggestion, it is said, of William C. Rives, to succeed Judge Doty in the office of District Judge in the Fourth District of Michigan Territory, already described. Though only thirty-six years old when he first came to Wisconsin, where he had now performed judicial duties and had a nominal residence for four years, he seems never to have been regarded by the people of the Territory as one of their number. He was free from the vices which too often in those days injured or even ruined the most promising men in our Western States and Territories ; and he seems to have been generally regarded as a fair and upright Judge, of respectable ability. The peculiarities of his character, and his entire withdrawal many years ago from all connection with this State, have led to numerous attempts, on the part of early set- tlfirs, to convey vivid impressions of him by free and minute description. " Judge Irvin," says one who knew him well, " was about six feet in height, very erect and well proportioned. His hair was auburn, not turning to gray ; eyes blue ; features narrow. He was not a laborious Judge, but was attentive to duty, honest and upright in every particular. He was candid and without intrigue or deception. For integrity and moral principle, he enjoyed universal confi- dence. He was fond of a horse and a dog ; always esteeming Ids horse and dog the finest and best. Being a bachelor, these animals seemed to be the especial objects of his care and atten- tion. He was fond of hunting, particularly prairie chickens ; and frequently took the lawyers with him. * * * jjg ^^g ygj.y economical, but scrupulously just in all his dealings. He indulged in acts of kindness to his relatives, but did not show much sympathy for others. While he treated all with urbanity and respect, he did not form particular attachments for strangers."* A description by the late Judge C. M. Baker, of Walworth County, seems to be fair and just: " He was a Virginia gentleman of the old school. Social, kind-hearted, aristocratic, as became a Virginian of the F. F.'s, he was a bachelor with his whims and peculiarities. He was a great lover of hunting, particularly of prairie hens, in the shooting of wliich he was an expert ; ^d on this he prided himself, and no one must excel him if he would keep in his good graces. He was also learned in the knowledge of horses arid dogs, as well as in the law ; and his own norse Pedro and his dog York, to whom he was much attached and whose superior blood often ormed the theme of his conversation, were as well known to the bar as the Judge himself. J-hey were necessary appendages to the Judge and the court ; and it was said by the wags, that, •Wise. Hut Coll., Vol. VI, p. 379.-Note by Mr. Draper. 494 HISTORY OF DANE COUNTY. if one wanted to win his case before the Judge, he must praise his dog and his horse. But of truth it can be said of hira that he was a lover of justice, detested meanness, was well grounded in the principles of the law, and was possessed of very respectable perceptive and reasoning powers. He seldom consulted law books, with which the bar of those days was poorly supplied but, on the whole, for the times, was a fair and respectable Judge." Judge Frazer, will be described hereafter. At the first session of the Territorial Legislature, held at Belmont from October 26 to December 9, 1836, the Territory was divided into three judicial districts, the first consisting of Crawford and Iowa Counties, the second of Dubuque and Des Moines Counties (west of the Mis- sissippi), and the third of Brown and Milwaukee Counties. Chief Justice Dunn was assigned to the first district. Judge Irvin to the second, and Judge Frazer to the third. At the same session many new counties were formed out of those already named, and it became the duty of the Chief Justice to hold terms in Grant County, of Judge Irvin to hold terms in Lee, Van Buren, Henry Louisa and Muscatine (all west of the Mississippi), and of Judge Frazer to hold terms in Racine. Dane County was created at this session, with its present boundaries, the four eastern ranges of towns being taken from Milwaukee, and the three western ranges from Iowa, but it was attached to Iowa for judicial purposes until the first Monday in May, 1839. On the 8th of December, 1836, the Supreme Court held its first term in the council cham- ber of the Legislative Assembly at Belmont. Only the Chief Justice and Judge Irvin were present. Mr. Simeon Mills informs us, as of his personal knowledge, that Judge Frazer was at Belmont at some time during the month of December, 1836. He cannot state why the Judge failed to be present at the organization of the court. He further states that Judge Frazer expressed an intention to spend the remainder of the winter in Pennsylvania, and return to 'Wisconsin the next spring. We read in the little old journal, still carefully preserved, that " Hon. David Irvin presented a commission from Andrew Jackson, President of the United States, and a certificate of qualification from His Excellency Henry Dodge, Governor of said Territory;" but we do not read that the Chief Justice thought it necessary for him to present any credentials. Justus De Seelhjerst, of Iowa County, was appointed Crier, and John Catlin, Clerk. Mr. Catlin was then thirty-three years of age, and had just settled in the Territory that year as a partner in the prac- tice of the law with Moses M. Strong, at Mineral Point. He became a resident of Madison soon after, and his honorable career, so largely identified with the history of Dane County and of the State, is related elsewhere in this volume. It is sufficient to say here that he withdrew, in the summer of 1839, from the office of Clerk of the Supreme Court and became a practitioner at its bar, taking part in about one-eighth of all the reported causes of the Territorial period. The journal of the earlier terms (from 1836 to 1839, inclusive) are found in a separate book, above referred to. It is a very small, cheap and unpretending book as cokipared with the heavy and handsomely bound folios in which the minutes of the court are now kept; but the entries, though very brief and not always very^ formal, are carefully and neatly made, presumably in the hand- writing of Mr. Catlin. By the organic act, all causes which had been removed from the District Courts of Brown and Iowa Counties to the Supreme Court of Michigan Territory, and which should remain in the latter court undetermined at the time of the organization of the Wisconsin Territory, were to be transferred to the Supreme Court of the latter. It would seem, however, that no such causes were found to exist. No case of that kind, or of any kind, came before the court at this first term; nor have I discovered that any case afterward came before it by transfer from the Michigan Supreme Court. After appointing its Crier and Clerk, the court, " on motion " (but on whose motion does not appear), admitted to practice as attorneys and counselors, at its bar, the following gentle- men, most of whom were afterward well-known citizens of Wisconsin : Henry S. Baird, James Duane Doty, Barlow Shackelford and John S. Horner, all of Green Bay ; Hans Crocker, of Milwaukee ; Daniel G. Fenton, James B. Dallam, James H. Lockwood and Thomas P. Burnett, HISTORY OF DANE COUNTY. 495 all of Prairie du Chien ; William W. Chapman, of Platteville (the United States Attorney for the Territory) ; William R. Smith, f Mineral Point ; Lyman J. Daniels, William N. Gardner and James Nagle, whose residence I am unable to state ; with Peter Hill Engle, of Dubuque, and Joseph Teas, of Des Moines. , ' ^ , , . Hen-y S. Baird, Esq., who had been appointed by Gov. Dodge the Attorney General of the Territory, then appeared and took the oath of office. Mr. Baird was then in his thirty- seyenth year, having been born in Ireland May 16, 1800. Brought to the United States when only five years old, he had, after many struggles and difficulties, acquired the elements of an English education at Pittsburgh, by the end of his fifteenth year. He had afterward read law, as he could find opportunity, under many disadvantages, chiefly at Cleveland, Ohio, between his eighteenth and the close of his twenty-second year. Starting out to shift for himself, he had landed at the Island of Mackinaw, in what was then the far Northwest, on the morning of June 5 1822 " with about $15 in his pocket, a few law books and a rather scanty wardrobe," having obtained a passage thither oil credit ; had taught school at Mackinaw for some nine months, ending in April, 1823, and had been admitted by Mr. Doty, in June of that year, to practice in the courts of the Judicial District, for which that gentleman had just been appointed Judge. In September, 1824, he had removed to Green Bay, and had been the first lawyer to practice his profession within the present limits of Wisconsin, excepting, perhaps, James H. Lockwood, of Prairie du Ohien.* He had been in the Government service as Quartermaster General of the Militia in the Black Hawk war. He had acted as Secretary to Gov. Dodge when the latter, as United States Commissioner, effected an important treaty with the Menominee Indians, at Cedar Point, on the Fox River, in 1836. He was also a member and President of the Council in the First Legislative Assembly of the Territory, which had not yet finally adjourned. Mr. Baird resigned the office of Attorney General in 1838. His subsequent useful and honorable career as citizen, lawyer and member of the First Constitutional Convention, and in manifold positions of public and private trust, until its close in 1875, need not be described here.f One of his daughters, the wife of Dr. John Favill, has resided in Madison since 1854 ; and both his public duties and his domestic affections brought him frequently among us. His form, sturdy, though not tall, and his countenance so . expressive at once of firmness, goodness and solid sense, were well known to our citizens. The accomplished lady who, when but a school girl in her sixteenth year, was united to him in marriage at Mackinaw, just before his removal to Green Bay, and whose gracious courtesy seconded his simple and patriarchal kindliness in making their home at the latter place for half a century a center of attraction for old and young, still survives him, and is a not infrequent and an ever-welcome visitor here. And all who have known the venerable pair in later years may read with interest the record of that first term of the Territorial Supreme Court, when Mr. Baird, in that little council chamber at Belmont, took the oath of office as first Attorney General of the Wisconsin Territory. On the same day, in the afternoon, on motion of D. G. Fen ton, Esq., the court appointed Thomas Pendleton Burnett, Esq., to be its official reporter ; and he held that office until his premature and lamented death nearly ten years later. Like Mr. Baird, he was in the thirty-sev- enth year of his age at the time of his appointment ; and, like him, had struggled up to a creditable standing in the legal profession, in spite of narrow and difficult circumstances. Born in Pittsyl- vania County, Va., September 3, 1800, he had been reared ftom early childhood on a farm in ■M ti,'?- ■'■ ^'"™'' ^sq., in remarks made at the bar of the Suprnme Court, relative to the life anl character of Mr. Baird (39 Wis., E,, 27-30), MOM Mat in OctDbBT, 1824, Judge Doty " opened at Green Bay the firet term of court ever held within the present limits of the Stateof Wisconsin. Atuusterm * Henry S. Baird was admitted to the bar, and was appointed the Prosecuting Attorney ^ro Wm., and as such served during the term SdmittS't ffci?"! " ''"''^ °'*^' '"* °* """y *"'°- ''■' ^^^ ^'^ **y °' *'"' preceding August, and out of term, J. H. Lockwood had been Bumuiea w fhe ^^^J'y Judge Doty. He had received from the Government a commission as Prosecuting Attorney for the counties of Brown Itadtaofth state •'^'' ^''' ''°°'"'°°* '"'^ *' ^'"*' *» •>« admitted, Mr. Baird was the flrst to practice as an attorney within the present From Mr'r"'''? ''°?, ""^ ^i«at the "firet term of court" must be understood only of courts of the dignity of District or Circuit Courts. sSir£t.rST ■ " ^ " ™ " ■^'"''y ^'""^^ ™^ Events in Wisconsin," published in the second volume of the OoUectiona of the Wisconsin He h«rt Sh I """"'y (see PP- 161-2), it would also seem that Judge Doty held a term of his District Court, for Crawford County.in May, 1824. Itwmild»l.n "™;»' Mackinaw in July, 1823. [See Mr. Draper's note on p. 161 of the volume cited ; and see also 7 Wis. Hist. Ool., p. 430.] thofhrm.r ,5 rn Lookwood had practiced at Green Bay, as well as at Mackinaw, 6e/ore the removal of Mr. Baird from the latter to wasadmiftS , i^™'","'* ''"''8° Lockwood's statementa with those of Ool. Childs, in Vol. IV of the Wis. Hist. Col., on p. 166.1 Mr. Baird + a.. iM, ™ i? *° District Court for Brown County on the 4th of October, 1824, being the first day of a term. T see il9 Wis., 23-33, and 7 Wis. Hist. Ool., 426-443. 496 HISTOKY OF DANE COUNTY. Bourbon or Spencer County, Ky. ; had obtained such education as he could by the aid of an academy and of private instruction from neighboring gentlemen, laboring with his own hands and afterward teaching, to acquire the means of support while prosecuting his studies. " While reading law, he was favored with some minor offices, such as Constable, Deputy Sheriff, Sheriff etc., from the fees of which he derived a scanty means of support." Soon after his admission to the bar, he settled at Paris, Ky., where, in the practice of his profession, he is said to have been brought into contact, and often into professional collision, with some of the ablest lawyers in that State. For two years he filled the office of District Attorney. After the accession of Gen. Jackson to the Presidency in 1828, Mr. Burnett, who had been a warm partisan of the General, received, October 15, 1829, the appointment of a sub-agent in the Indian department,/ to reside at Prairie du Chien. Ah accident which occurred soon after, while he was laboring with characteristic zeal and courage to arrest the progress of an extensive fire at Paris, and which resulted in crushing one of his legs, confining him to his bed or to his room, for seven months, and leaving him a cripple for life, determined him to accept the appointment, far as it was below his hopes, rather than attempt to regain his practice after his long illness ; and a severe domestic misfortune aided in producing this decision. Arriving at Prairie du Chien, in June, 1830, he found " but two or three American fiimilies in the place, except in the garrison at Fort Crawford. The major part of the inhabitants, 400 in number, were Canadian-French and half-breeds, who spoke only French with some Indian languages, all of which were to him unknown tongues." Mr. Burnett was at first disappointed in the country, the people, and the duties of his office ; but, upon better acquaintance, became strongly attached to them all. To the employments of his agency (the salary of which was only $500), he was permitted to add the practice of his profession, in which he soon obtained some business, including suits prose- cuted in behalf of the Government. In 1834, his connection with the Indian agency ceased, and he devoted himself more completely to the practice of his profession. Some question having been made, as we have seen, as to the existence of a vacancy in the office of District Judge, on account of the alleged non-residence of Judge Irvin, Mr. Burnett's appointment to the office was strongly urged upon the President ; but the latter did not recognize the existence of a vacancy. In January, 1835, Mr. Burnett was appointed by Gov. Mason, of Michigan Territory, District Attorney for the counties of CrawfoVd, Iowa, Dubuque and Des Moines ; and he attended the summer terms of the courts in those counties ; but, finding it " inconvenient and unpleasant," tendered his resignation to Gov. Mason, September 10, 1835. In October follow- ing, he was elected to the Legislative Council of Michigan Territory, which was appointed to meet at Green Bay ; and, on the meeting of the Council in December, he was chosen its Pres- ident ; but the meeting, which was of doubtful legal validity, was a practical failure. Congress was, however, memorialized at this session in favor of a speedy organization of the Territory ' f Wisconsin ; and a neniorial to the President of the United States, in reference to the offices of the contemplated Territory, urged upon him the appointment of its own citizens, in preference to persons from other parts of the country. As it was understood that Gen. Dodge wuld he appointed Governor, Mr. Burnett was urged as a suitable person for the office of Secretary. " If the secretaryship could not be obtained," we are told, " Mr. Burnett desired a Judgeship;" that is, he desired to be appointed one of the Judges of the Supreme Court of the Territory ; and his friends in Congress, Col. Richard M. Johnson, of Kentucky, and Col. George W. Jones,, then Delegate from the Michigan Territory, and, through their influence, Senators Benton and Linn, of Missouri, and Senators Wright and Tallmadge, of New York, earnestly, though unsuc- cessfully, sought to secure his appointment to one of the two offices named. About the same period, Mr. Burnett is said to have become a member of the Four Lake Company, organized under the lead of Gov. Mason and Mr. Doty, for the purpose of laying out a city in the Four- Lake region, which should become the capital of the new Territory. By the apportionment of members of the First Legislative Assembly of the new Territory, as made by Gov. Dodge upon the basis of a census taken in 1836, Crawford was allowed two mem- bers of the House of Representatives, but no member of the Council. The people of that HISTORY OF DANE COUNTY. 497 county claimed that, under the organic act, each county was entitled to be represented in each house • and Mr. Burnett was unanimously elected by them to be a member of the Council. The full number of members authorized by law had, however, been chosen in other counties, pursuant to the Governor's appointment and proclamation ; and very naturally Mr. Burnett's election was not certified by the Governor, nor was he admitted to the seat which he claimed. During that session of the Legislative Assembly Mr. Burnett was nominated by the Governor, and con- firmed by the Council, as District Attorney for Crawford County, but this was done without his knowledge, and he subsequently declined the appointment on the ground that the Council " was not lei^ally organized, and that it had not, therefore, the lawful authority to perform any valid and binding act." This characteristic protest echoes the displeasure of Crawford County at the failure of Gov. Dodge to give them a representation in the Council. Whatever may have been the merits of their claim, it is needless to add that the objection of Mr. Burnett, if sound, would have been fatal to the validity of all acts passed by the First Legislative Assembly, which have, nevertheless, always been treated by the courts as valid. Such had been Mr. Burnett's career prior to his appointment as reporter. The further course of his public life will be briefly sketched hereafter. Long as we have dwelt on this first term of the Supreme Court, it occupied but a few hours of a single day. By an act of the First Legislative Assembly, the court was required to hold its subsequent terms annually on the first Monday of July at the seat of government. The journal of the court contains the following entry : " Monday, July 3, A. D. 1837. This day being the day appointed by the Legislative Assembly of Wisconsin Territory for holding the Supreme Court at Madison, in Dane County, the seat of government of said Territory, and two of the Judges of the said court not attending on this day ; therefore, the court is adjourned until to-morrow at 11 o'clock A. M. John Catlin, Clerk." The journal then shows an adjournment from day to day for the same reason, until the 8th of July, when the adjournment was "until court in colirse." The Marshal is stated, in the journal of the 8th, to have been in attendance three days. There is nothing to show whether any other officer or any members of the bar were present, nor which of the Judges it was who persisted so long in waiting for his colleagues to appear. In explanation of this failure to hold a term that year, it has been stated that "no business for the court had matured."* Perhaps the want of any suitable accommodations for the court at Madison was an equally persuasive reason, the only houses then erected at that place being a small log house built for John Catlin (on the present site of the United States Post Office), the interior of which had been badly injured by fire, and apparently not repaired, with the two boarding-houses of Eben Peck and Josiah Pierce, and some rude temporary cabins built for the use of the workmen engaged upon the capitol.f Judge Frazer held the May term, 1837, of the District Court for Brown County at Green Bay, at which term the Winnebago Indian Mau-zau-mau-nee-kah was convicted of the murder of Pierre Pauquette, which occurred in the preceding October near Fort Winnebago. This cause, which excited great interest in the Territory, was taken by writ of error to the Supreme Court, and in the report of it (now most conveniently found in 1 Pinney's Wis. R., 124), a written opinion delivered by Judge Frazer on denying a motion in arrest of judgment is pre- served. He seems to have held the June term of his court at Milwaukee the same year. Proba- bly he was one of the two judges of the Supreme Court whose failure to appear at Madison the next month prevented the holding of the term for that year. By an act of the Legislative Assembly at its next session (at Burlington), the time for hold- ing the annual term of the court was changed to the third Monday of July. On the 19th of June, 1838, Edward James was commissioned Marshal of the Territory, succeeding Mr. Gehon. t; 1, f u ^'^ of July, 1838, the Iowa Territory became detached from Wisconsin. On the loth of the same month, Moses M. Strong, of Mineral Point, was commissioned United States i^ct Attorney for the Wisconsin Territory, succeeding Mr. Chapman. + Tliii-ri«?/'nw'°' ^y F"''»«e, page 36. Mr. Mills la confident that the Judge present on this occasion was Chief Justice Dunn, r A/uiue B jjiBtory of Madison, 498 HISTOEY OP DANE COUNTY On the next day, July 16, 1838, the Supreme Court held its term at Madison. The journal states that " The Hon. William C. Frazer appeared, and, two of the Judges not appear- ing, the court was adjourned until 3 o'clock, P. M." It then states that at the hour last named, "the court was opened by Francis Gehon,* Marshal of the Territory. Present: Hon. Charles Dunn, Chief Justice ; Hon. William C. Frazer, Associate Judge." I have never seen any reason assigned for the absence of Judge Irvin. This term lasted only one day, and was held, according to Mr Catlin's statement, " at the old Madison Hotel, which was only partially finished. "t William H. Banks and Francis J. Dunn, both of Mineral Point ; Frederick S. Lovell, of Southport (Kenosha) ; and Jonathan E. Arnold and H. ^N". Wells, both of Milwaukee were admitted to the bar of the court. Orders were made in seven cases, all of which were oontinued Four rules of practice were adopted (which will be found in 1 Pinney's Wisconsin R., pp. 5, 6), and then the court adjourned " until court in course." After this adjournment. Judge Frazer appears to have held a term of his district court at Green Bay. He died at Milwaukee on the 18th of October in that year. His service in Wis- consin was so brief, that only a dim tradition of him remains, and that not of a flattering char- acter. It does not appear that he had ever had judicial experience prior to his appointment to our Supreme Court. He was sixty years old at the time of that appointment, sixty-two at the time of his death. Few men of that age could have been transplanted with success from one of the populous Eastern States to a remote frontier region, such as Wisconsin then was. But, unhappily, the Judge appears to have been disqualified for his ofiSce by grossly intemperate habits still more than by his years. By whose influence his appointment had been procared does not appear ; but he was neither the first nor the last of the unfortunates whose friends have secured for them places of supposed refuge in oflBcial appointments to distant Territories after they had ceased to be useful or successful at home. Mr. Pinney remarks that "his intemperate habits rendered him unfit for the position, though, it is said, that he had been a lawyer of average learning and ability. "J The late Judge Catlin, in some reminiscences written near the close of his life,§ says that- " Judge Frazer was a very able Judge when not under the influence of liquor, and was remarkable for his ability, memory and knowledge of law." Speaking of the term of the Supreme Court held in 1838, he says : " The Judge came on from Pennsylvania to hold the term [?], but the other Judges, did not attend. The Judge insisted on opening the court and holding the term as the law required. I informed him that there was no business and no lawyers in attendance. He said that made no difference. It was necessary to adopt rules, and accordingly the court was opened ; the Judge dictated from memory, and I wrote the rules, but they were not adopted by the other Judges. The climate of Madison, however, at that dry time at the capital, did not suit the Judge, as the " critter" or " be joyful " was not there, except some Chinese cordial in the store of James Morrison, which Mr. Bird had charge of in the absence of Mr. Morrison. This cordial was put up in a very handsome and expensive set of Chinaware representing Mandarins, and, by the liberality of Mr. Bird, the whole set (ahout a dozen bottles) was emptied by the Judge while holding the term. When the cordial had all leaked out, the Judge took his departure, and never held another term." The very high character of Mr. Catlin, and his relations to the court as its Clerk at that time, would seem to give these reminiscences a peculiar stamp of authenticity. But it is diffi- cult to reconcile this narrative with the facts already stated from the record concerning the term of 1838. If it be true, however, that on the morning of the 16th of July, before the arrival of Chief Justice Dunn, Judge Frazer insisted upon holding the term " solitary and alone," it is only necessary to remark that, by the organic act, the. presence of two of the Judges was requi- site to constitute a quorum ; and that, in the face of this express provision, no Judge, whose competency for the position had not been at least temporarily suspended, could possibly have been guilty of such folly. * It would seem that Mr. Jame3 had not yet been sworn in. + Durrie's History <^f Madison, p. 40. 1 1 Pinney's Wis. E., p. 49. g Durrie'b History oi Madison, pp. 39, 40. HISTORY OP DANE COUNTY. 499 A paper by A. F. Pratt, Esq., of Waukesha, found in the first volume of the collections of our State Historical Society, contains some further reminiscences of Judge Frazer, harmonizing in their general character with those already given ; but, like those of Mr. Catlin, they were written out after the lapse of many years, without reference to the records, and contain some obvious inaccuracies. On the 8th of November, 1838, Andrew Galbraith Miller, Esq., of Carlisle, Cumberland Co. Penn., was commissioned by President Jackson as a Judge of the Supreme Court of Wis- consin Territory, to fill the vacancy caused by Judge Frazer's death. Judge Miller was a native of thecounty in which he was practicing law at the time of his appointment, having been born near Carlisle September 18, 1801. After graduating at Washington College, Pennsylvania, on the day after the completion of his nineteenth year, he had studied law at Carlisle for three years, and had been admitted to the bar in November, 1822. After sixteen years of practice in " the courts of his native and adjoining counties, and in the Supreme Court of the State," being then arrived at his thirty-eighth year, he received the appointment already mentioned, and came to Wisconsin, where he was to fill high judicial positions until the close of his life. The oath of office was administered to him on the 10th of December, 1838, at Milwaukee, by John S. Rock- well, Esq. From the accession of Judge Miller to the inauguration of the State Government of Wisconsin, no change occurred in the constitution of the Supreme Court. Before the next term of the court, the Territory was redistricted by act of the Legislature, and Chief Justice Dunn was assigned to the First District, consisting of Crawford, Grant and Iowa Counties; Judge Irvin to the Second District, consisting of Walworth, Rock, Green, Dane and Jefferson Counties ; and Judge Miller to the Third District, composed of Brown, Milwaukee, and Racine Counties. Other counties were soon formed from those named, and were included in the several judicial districts which comprised the counties from which they were respectively detached. The next term of the court commenced July 15, 1839, at the capital at Madison, and con- tinued for three days. According to the recollection of Mr. Mills, most of the sessions of the court during both this and the preceding term, were held in a small frame building known as the Commissioner's Ofiice, which stood on the east corner of King and Pinckney Streets. The room in which the court sat in this building, measured perhaps sixteen by twenty feet, and con- tained the Territorial Library after its removal from Burlington. The few hundred people living at that time in Madison, and most of the lawyers atten- dant upon the court, then made their first acquaintance with Judge Miller. James D. Jenk- ins, the Deputy Marshal, was in attendance, and opened the court each day by proclama- tion. A seal was adopted. Two new rules were adopted in addition to the four previously established. Franklin J. Munger, of Potosi, and William N. Seymour, of Madison, were admitted to the bar of the court on the first day, and John Catlin and Nathaniel F. Hyer on the third day of the term. The other attorneys who appear to have been in attendance, are Francis J. Dunn, Thomas P. Burnett and William H. Banks, all from the southwestern portion of the Territory, as Mr. Burnett had become, in 1837, a resident of Grant County. H. N. Wells, who had been appointed by the Governor, Attorney General of the Territory on the 30th of the preceding March, was not present ; and the court made an order appointing Mr. Munger to act as Attorney General for the term. Mr. Burnett was for some reason re-appointed reporter. On the last day of the term, Mr. Catlin resigned the office of Clerk, and Simeon Mills, of Madison, was appointed to succeed him. He retained the ofiBce for only a single year, when he resigned It in favor of La Fayette Kellogg, who had acted as his deputy during' the year. Mr. Mills still survives as one of our leading citizens, after a life of varied public service and private enter- prise, which will be found recorded elsewhere in this volume. Only two cases were decided upon the merits at this term, viz., Hunter v. The United States, and Rountree v. The United btates. In Judson v. Hindman and another, a writ of certiorari to a Justice of the Peace was dismissed on the ground that the court had no jurisdiction. Four other oases, viz.. Ward v. iTice, Johnson v. Wilson, Mills v. The United States and Towslev v. Turner, were dismissed il 500 HISTORY OF DANE COUNTY. for defects in the proceedings by which they were brought up. In each of the seven cases above named, a written opinion was filed ; but in only one of the last four (Ward v. Price) vras the decision ever reported. Two other cases were dismissed without any written opinion; while two (Arndt v. Allard and Porlier. Doty and Arndt v. Hogarthy) were continued. The term for 1840, commenced on the 20th of July. The United States Marshal not being present in person or by deputy, Berry Haney was appointed crier. In the absence of the reporter on the first day, Don Alonzo J. Upham, Esq., of Milwaukee, was appointed reporter* but Mr. Burnett made his appearance the next day. The court sat three days in succession and then adjourned to the 10th of August. In default of any exact knowledge on the subject it may be conjectured that this adjournment was necessitated by the condition of the court-room the floor of which was apt to be inundated after a heavy rain. On the re-assembling of the court, Edward James, the United States Marshal, was in attendance. The reporter being again absent, Jonathan E. Arnold, of Milwaukee, was appointed reporter for the term. The court sat seven days at this adjourned session. On the last day, Monday, August 17, it adopted some regu- lations as to the fees of the Clerk, and nine rules in addition to the seven already established. The first record in naturalization in this court appears on the journal of July 21. The following gentlemen were formally admitted to the bar of the court at this term : Thomas W. Sutherland, of Madison, and Ben C. Eastman, of Platteville, July 20 ; Wiram Knowlton, of Prairie du Chieu, July 21 ; Charles J. Learned, of Prairie duf Chien, and Lorenzo Janes, August 10 ; Edward V. Whiton, of Janesville, and John H. Tweedy, of Mil- waukee, August 11, and Charles C. P. A.rndt, of Green Bay, August 15. Moses M. Strong, of Mineral Point, makes his first recorded appearance in the court on the first day of this term; Morgan L. Martin, of Green Bay, August 10 ; Mortimer M. Jackson, of Mineral Point, August 11 ; David Brigham, of Madison, on the 13th. There is no record, at this term or any other, of the formal admission of either of the four gentlemen last named, to the bar of the court ; but they continued from this time to be recognized and active members of that bar. We naturally linger long over first things. In the history -of any civil institution, the first steps Seem of greatest interest, to the reverted glance of subsequent generations. But the Ter- ritorial Supreme Court had now struck its gait ; and its remaining record must be more briefly disposed of. The records show the formal admission of the following gentlemen to the bar of the court after 1840 : In 1841, Alexander Botkin and Alexander P. Eield, both of Madison ; in 1842, James S. Baker, of Green Bay ; Alexander L. Collins, of Madison ; Edwin P. Oarr and Zelotes B. Mayo ; in 1843, William P. Lynde, of Milwaukee ; Chauncey Abbott, of Madison, and Henry Waggoner ; in 1844, Isaac P. Walker and Levi Hubbell, both of Milwaukee; in 1845, Cyrus P. Hiller, of Sheboygan ; and in 1847, Ganem W. Washburn, of Oshkosh. The following gentlemen, not already named above, appear from the records to have prac- ticed at the bar of the court during the Territorial period : Parley Eaton (1841) ; Alexander W. Stow, David Noggle, H. B. Towslee, Marshall M. Strong, Warner Earle, Thomas Wright, Asahel Finch, Jr., Julius T. Clark and Beavans (1842); J. D. Learned and James H. Knowlton (1843); Peter Yates, David Agry, J. G. Knapp, Levi Blossom and James HoUiday (1844); A. Hyatt Smith, J. E. Holmes, Daniel C. Babcock, J. Allen Barber, Joseph T.Mills, C. C. Washburn, D. W. Jones, Samuel Crawford, H. S. Winsor, F. Randall, George Reed, George Gale, Alfred Brunson, J. B. Jilsun, Horace T. Sanders and A. D. Smith (1845); J. M. Goodhue, Blodgett, E. W. Evans and Thomas Ogden (1846); J. M. Keep, Nelson Dewey, J. A. Bingham, S. P. Candee, 0. C. Pratt, David Taylor, T. 0. Howe, George B. Smith, Orsamus Cole, William R. Biddlecome, Charles M. Baker, Lyman Cowdery, 0. Cowdery, C. B. Jenkins, W. Bond and William C. Allen (1847). To these, Mr. Pinney adds, from his examina- tion of the records, the following names, which have escaped my attention in the rapid examm- ation which I have made : Edward Elderkin and E. Estabrook, both of Elkhorn ; John Hustis, Daniel F. Kimball, Ilazen Cheney, Alexander W. Randall, of Waukesha ; Leonard P. Crary, of Oshkosh ; Walter W. Kellogg and Lewis Smith. HISTORY or DANE COUNTY. 501 t We have thus the names of over one hundred attorneys, who appear to have been recog- nized as members of the bar of our Territorial Supreme Court. Of this number, only a few attended the terms of the court with regularity or frequency. Taking the whole period together, the largest practitioners were Francis J. Dunn, Thomas P. Burnett, Moses M. Strong, Edward V. Whiton Horatio N. Wells, John Catlin, Alexander L. Collins, Jonathan E. Arnold, A. Hyatt Smith, James H. Knowlton, David Noggle, Levi Hubbell, Morgan L. Martin and Mor- timer M. Jackson. Of the 131 cases in which decisions of this court are reported for the eleven years of its existence (less then half the number now reported for a single year), Mr Dunn appeared as attorney in 1844. From his admission in 1838 to the close of the period, he was a constant attendant upon and a leading practitioner in the court. Mr. Strong did not appear there until 1840 ; but, for the next five years, his practice at this bar was equal to that of Mr. Dunn. Afterwards, he became engaged in various public enterprises, which withdrew him to some extent from attendance upon the court. Franklin J. Munger, of Potosi, who was admitted at the opening of the term in 1839, and was very active during that term, disappears thereafter from view. Mr. H. N. Wells and Mr. Arnold were less frequent attendants upon the court in the later than in the earlier years of its existence. On the other hand, the practice of J. H. Knowlton, A. Hyatt Smith and Levi Hubbell, was chiefly in the latter half of the period. Besides these, we may name as well-known and frequent attendants upon the court from out- side of Dane County, John H. Tweedy, and a little later William P. Lynde and Peter Yates, of Milwaukee ; William R. Smith and Parley Eaton, of Mineral Point, and Ben C. Eastman. A few others attended only one or two of the terms, who afterward rose to distinction in the State. Of the Dane County bar, besides Mr. Catlin and Mr. Collins, David Brigham, Alex- ander P. Field, Alexander Botkin, Julius T. Clark, Chauncey Abbott and J. Gillett Knapp all appeared in important cases. Mr. Brigham, whose name is first mentioned in the journal in 1840, died in 1843. The personal appearance and character of most of the gentlemen whom I have named as attending the court from other counties, were probably familiar to the citizens of Dane County, and especially of Madison. During 1842, the Judges of the Court appear to have had a large amount of business in bankruptcy, of which the records of the court show little trace. On this point the following statements are made in a paper read before the Old Settlers' Club of Milwaukee, by Judge Andrew G. Miller, on the 4th of July, 1870 : " The second act of Congress to establish a uniform system of bankruptcy throughout the United States * * took effect from and after the Ist day of February, 1842. Jurisdiction of cases in bankruptcy being by the act conferred upon the Supreme^or Superior Courts of the Territories, the Supreme Court of this Territory dis- charged 300 petitioners out of 315. A majority of these had failed in business in the Eastern States, in consequence of the inflation of the currency and of speculations in 1836. It was estimated that the debts of those 300 bankrupts exceeded $2,000,000. The act largely increased the miles of travel and the judicial duties of the Judges who held their court in Sladison. They were empowered by the act to form the rules of their court in bankruptcy ; and to establish the fee bdl. Under the fee-bill of the Supreme Court in Bankruptcy, the fees in cases did not average $20. The act was repealed on the 3d of March, 1843." The decisions of the court to the close of the term of 1840 were prepared by Mr. Burnett, and published in 1841 by the direction of the Legislature (as an appendix to a volume containing the acts of a special and a regular session of the Legislature), from the press of W. W. Wyman, lit Madison. The decisions of 1842 and 1843 were published by Mr. Burnett in a separate volume m 1844, from the press of George Hyer, at Madison. la the winter of 1844-45, and again the succeeding winter, Mr. Burnett was in the Territorial Legislature as a member of the House of Representatives from Grant County. He was then elected a delegate to the first wnst^utional Convention, which met at Madison October 5, 1846. He had removed, in 1837 , uom Frairie du Chien to Cassville, the temporary seat of justice of Grant County, but had suDsequently removed to a farm on the old military road between Forts Crawford and Winne- ago. Which he had selected and embellished with taste and care for his permanent home, and to 502 HISTORY OF DANE COUNTl'. t which he had given the name of " The Hermitage." Field, garden and lawn were already taking shape under his eye and hand ; and a dwelling of stone was already planned to take the place of the comfortable log house which he had erected for temporary use. At this place he had been confined by disease for some months before the meeting of the Constitutional Conven- tion. He was unable to take his seat in that body until October 14, and even then he was probably too much enfeebled for the severe draft which membership of such a body would naturally make upon a man of his active brain, accustomed to be a leader of men. On October 25, he was recalled to his home by intelligence of the alarming illness of his wife from typhoid fever. A wagon-ride of eighty-five miles, commenced after an exhaustive day's work, brought him to his home, only to be himself struck down by the fever. , Himself, his wife and his aged mother, who had recently come from Kentucky to spend her last days with him, lay prostrate with the same disease, " under the same roof and within hearing of each other." The mother died on the 1st of November, the husband and the wife ort the 5th ; and on the 7th of that month, when the evening shadows fell on " The Hermitage," the bodies of the three reposed side by side, " in a beautiful grove at the head of the garden," in a spot which the owner had chosen as the burying place of his family.* The very first reported case determined by the Supreme Court of the State was one involv- ing an alleged nuncupative will of the late reporter of the Territorial Court. At a later stage of the cause, Judge Hubbell, in delivering the opinion of the court, said : " The members of this court hold in cherished recollection the character and public services of the late Thomas P. Burnett. His high standing as a member of the bar, his position as reporter of the late Supreme Court, his ability and influence as a legislator and statesman, and especially his amiable private charac- ter, have induced a more than usually careful examination of this case." At the time of his death, Mr. Burnett " had prepared abstracts of the cases and briefs of all causes which had been argued and decided up to the close of the July term, 1846," and to these rough notes Mr. Pinney acknowledges his obligations in the preparation of the first volume of the valuable series of Supreme Court reports edited by him and published in 1872. The last term of the Territorial Supreme Court was held in July, 1847. On the 29th of May, 1848, Wisconsin became a State, and a new period began in her judicial and political his- tory. None of the Judges of the Territorial Court were afterward connected with the State judiciary. Chief Justice Dunn held his last term as Judge of the First District at Mineral Point, in October, 1848. That district had been, during the greater part of his period of service, the most populous of the three, and had furnished the greatest amount of litigation. One who knew him long and intimately has said : " The duties of the Judge were exceedingly onerous, but they were discharged with ability, fidelity and integrity, and a dignity and grace which won for him an immense popularity and made him the idol of his bar."")" While still upon the bench. Judge Dunn was elected a delegate from La Fayette County to the Second Constitutional Convention, which assembled at Madison in the summer of 1848 ; was Chairman of the Judiciary Committee, and is said to have " possessed a commanding influ- ence " in the convention. He was a member of the State Senate from 1853 to 1856, both inL.u- sive, and was a member of the Judiciary Committee of that body during the whole four years, and its chairman until 1856, when, the majority of the Senate being of the political party opposed to his own, he was succeeded in the chairmanship by David Taylor. " Upon the establishment of the State Courts, Judge Dunn devoted himself to the practice of law, which he continued up to his death. A portion of the ^ime, he kept an ofiice in Mineral Point, but his residence was at Belmont, where hewas generally to be found when not engaged in court, and where consultations with clients were generally had. He was well educated in the classics, and was an excellent English scholar. His professional education had been thorough and complete. * * * He added to his scholastic and professional acquirements a very remarkable knowledge of human character and of the reasons and causes that ordina.ily influ- * The facts above stated concerning Mr. Burnett are derived chiefly from an interesting sketch of his life by his father-in-law, i« Alfred Brunson, of Prairie du Chien, found in the second volume of the Collections of the State Historical Society. tMoses M. Strong, 30 Wis., 25. HISTOEY OF DANE COUNTY. 603 ence human conduct. These acquirements, in connection with the reputation he so gener- ally and 80 deservedly had for candor and integrity, personal and professional, gave him unbounded influence with juries and made him a most successful practitioner." Judge Dunn died at Mineral Point on the 7th of April, 1872, being then in his seventy- third year. His portrait, admirably painted by James R. Stuart from a photograph, is asso- ciated with those of the late Chief Justice Whiton and the late Judge Byron Paine upon the walls of the Supreme Court room, to which they furnish the chief and the most appropriate embellishment.* When his functions as Judge of the Territorial Supreme Court ceased, Judge Irvin removed, first to St. Louis, and afterward to Texas. We are told that in the latter State he invested the accumulated savings of his ofiScial life in wild cotton lands, and became wealthy ; and that, during the rebellion, he espoused the cause of the South. He died, apparently, in the early part oi 1872. "But a little while ago," said Mr. Ryan, in his very striking remarks upon the death of Judge Dunn, " we read of the death, in a place far distant, of Judge Irvin, one of the first Territorial Judges of Wisconsin. After a long absence, perhaps a long forgetfulness, his death called up the past to many of us, like the ghost of our earlier lives. But he was only a Terri- torial officer, who filled his ofiice respectably amongst us, and left us when his ofiice expired. Respectable in all his relations, kind in heart and life, he came and left us as a Territorial func- tionary ; was a stranger among us, and had little part in the lot of the early settlers of Wiscon- sin. Peace be with him.' On the 12th of June, 1848, Judge Andrew G. Miller was appointed by President Polk to be District Judge of the United States for the District of Wisconsin ; and he held this position until January 1, 1874, when, in the seventy-third year of his age, he retired after an almost con- tinuous judicial service of more than thirty-five years. He had retained his ofiBce and performed full service therein for two years after reaching the age at which the laws of the United States would have permitted him to retire with continuance of salary. On the day when he resigned his commission, in notifying the President of the Milwaukee Bar Association of the fact, he wrote : " I am the oldest Federal Judge in commission, and the sole surviving Judge who administered the Bankrupt Act of 1841. As Judge of the Territorial Supreme Court, I attended its annual terms at Madison, and held the District Courts in the Third District of the Territory (which, before the admission of the State into the Union, was composed of nine counties), and also the terms of the District Court as Judge of the United States, without missing a term from sickness or any other cause." He added that the infirmities of age could not even then be pleaded as an excuse for his resigning, but that, after passing fifty-four years of his life in the law, as student, member of the bar and Judge, he hoped that his retirement in the evening of his days would Be approved. A few months afterward, on the 30th of September, 1874, Judge Miller died at his home in Milwaukee. In respect to the manner in which he discHarged his duties as a Federal Judge, there were unquestionably wide differences of opinion and feeling among the people and the bar of Wisconsin ; though all appear to concede to him professional learning, great mdustry and entire integrity in the ordinary sense of that term. " For the greatness of his office," says Chief Justice Ryan, " for the remarkable length of his official life, for the pub- lic importance of his administration, for the vast aggregate of his official labors, few Judges have a higher claim to eminence. * * * Judge Miller's intellect was less remarkable than hia character. It had nothing brilliant or attractive in it. Its quality was sagacious, not pro- round ; deliberate, not quick ; it was respectable rather than remarkable, and was always sub- ordinate to his character. He was a man of firm, resolute, persistent nature ; patient and steadfast ; self-reliant, reserved and unsympathetic. His temper was calm and impassive ; his disposition undemonstrative. His feelings and passions were deep, and rarely manifest on the surface. "^''^ ^^^ nothing impulsive or emotional in his constant and sedate constitution. His moral Icaaes mL^°!i'^° l"™=«»*'''g»'i> the Supreme Court relative to the death of Jud?e Dunn (30 Wis., 2M0), including the interesting, and, in some sketch tharaSnl, S'""'''^ of Moses M. Strong, Mr. (now Chief Justice) Ryan, Ueoree B. Smith and Judge Cole. To the biographical «oti of the portrS f J d' f?"^ *™ •"<'«'"8'' for most of the facta here stated. See also the proceedings in the same court on the presenta- 504 HISTORY or DANE COUNTY. sense was just, but not broad or generous. He had great self-esteem, and great faith in his own opinions, often rather instinctive than philosophical. He was inflexible in all his convictions and steadfast in all his conduct. He was a self-centered and self-contained man, who yielded nothing for applause, and was never visibly affected by censure. He had little quality of attrac- tion ; little habit of conciliation. The world could have little appreciation of .such a man ; little comprehension of the principles and motives of his life ; little sympathy with him ; little toler- ation of his course, where it conflicted with its interest or offended its sense, And so men's criticisms of his judicial administration were sometimes severe and angry, not to say vindictive. But he appeared to heed nothing of these ; and kept his way, guided by his own lights. He may Have felt censure, but he made no sign. * * * Think as men may of his administra- tion, there was something grand in the lonely self-reliance and steadfastness of the man, which none can fail to admire. * * * There was a long period when he exercised great power; and, by no fault of his, his power was practically irresponsible. This was at least as great a misfortune to him as it could well be to others. But he did not so regard it. His love of power probably led him to enjoy it the more because it was irresponsible. And so it happened that men often denounced the power and impeached the exercise of it. Such animadversions tended rather to harden than to soften such a man. If they had any effect upon him, Ijhey drove him on his way, not checked him in it. He had a high sense of authority, perhaps an overweening one. Had he been Chief Justice of England, tempore Gascoigne, policy, not defective sense of dignity or power, might have spared the heir apparent of the throne from commitment for con- tempt. And so, regardless of all outcry, he held his own way. And so he appeared to others arbitrary, when he was only true to his own sense of the duty and dignity of Jiis ofllce. * * * Judge Miller could not but take his personal character with him on the bench, and such a character could not fail largely to influence his judicial administration. * * * Mistakes and errors he doubtless committed. * * * Some of these were judicial errors, mistaken conclusions of law or fact, the common infirmity of all Judges. Some were undoubtedly owing to the peculiar constitution of his court, and his habit of independent, almost absolute authority ; some to the idiosyncrasies of the man ; and some to a complication of these causes. It would be unjust to Judge Miller's memory to ignore the criticisms which his administration encoun- tered. They were open and notorious. And the memory of them has not passed away. His court was sometimes denounced asa judiciitl despotism, tyrannous, partial and oppressive. These criticisms did not spare the personal character of the Judge. So far as they affected him, they were founded on imperfect consideration, and were indiscriminating and unjust. * * * Judge Miller's notions of the rights of property were very high ; unduly so, I think. They betrayed him into a leaning toward all prima-facie creditors ; and so his court was called a plaintiffs' court. But the same bias led him, in actions of ejectment, to lean toward persons in possession under color of title. ■ And thus in real actions his court was as much a defendants court as a plaintiffs' in actions ex contractu ; both upon a single prepossession, of which there was little or no recognition. And so his steady, passionless prejudice of character encountered, provoked if you will, a violent and passionate prejudice against him, which was unjust, which exaggerated and discolored his errors, and imputed errors which he did not .commit. * * Few living members of the bar practiced longer before Judge Miller than myself, and few are less open to suspicion of being influenced by favor to his memory. And I am happy to bear witness to my own belief, founded, I think, on thorough knowledge of the man and his admmis- tration, that Judge Miller left the bench without a sense of willful wrong done upon it." By the Constitution of the State of Wisconsin, and the acts of the first Legislature, provis- ion was made for the first Supreme Court of the State, as follows : The State was divided into five judicial circuits, of which the First comprised Racine, Walworth, Rock and Green Counties; the Second, Milwaukee, Waukesha, Jefferson and Dane; the Third, Washington, Dodge, Colum- bia, Marquette, Sauk and Portage; the Fourth, Brown, Manitowoc, Sheboygan, Fond du Lac, Winnebago and Calumet; and the Fifth, Iowa, La Fayette, Grant, Crawford and St. Croix, and three new counties attached to some of these for judicial purposes. The Legislature was, how- 7^.-X.-*-yV^ HISTORY OF DANE COUKTY. 507 ever authorized to alter the limits or increase the number of the circuits, with certain restric- tions. The qualified electors in each circuit were to elect a Judge for the circuit, who should reside therein after his election. The Circuit Courts, to be held by these Judges in each county, were the courts of most general original jurisdiction throughout the State, and had, also, appel- late jurisdiction from the inferior courts. The Constitution further provided for a Supreme Court having appellate jurisdiction only, except in a few specified cases. It then provided that, for the term of five years, and thereafter until the Legislature should otherwise provide, the Judges of the several Circuit Courts should be Judges of the Supreme Court, four of whom should constitute a quorum ; atnd that the concurrence of a majority of those present should be necessary to a decision. Another provision was, that the Supreme Court should hold at least one term annually at the seat of government, at such time as should be provided by law ; and , that the Legislature might provide for holding other terms at other places when they might deem it necessary. The first election of Circuit Judges was held on the first Monday of August, 1848, and the fol- lowing persons were chosen, the numbers indicating the several circuits : First, Edward V. Whiton ; Second, Levi Hubbell ; Third, Charles H. Larrabee ; Fourth, Alexander W. Stow ; Fifth, Mortimer M. Jackson. By law, the terms of the several Judges first elected were to be such that one should go out at the close of two years, and one each year thereafter, while those elected to fill the several vacancies thus created were to hold, each, for a term of six years. The short term fell by lot to Judge Stow. The Legislature having erected a sixth circuit, consisting of Craw- ford, Chippewa, Bad Axe, Black River, St. Croix and La Pointe, Wiram Knowlton was elected Judge thereof, on the first Monday in July, 1850, and took his seat in the Supreme Court at the December term in that year. Judge Stow, having refused a re-election, was succeeded as Judge of the Fourth Circuit in January, 1851, by T. 0. Howe, who first took his seat in the Supreme Court at the June term, 1851. Judge Hubbell's first term expired in January, 1852, but he was re-elected. No other changes occurred in the composition of the court during its brief ex- istence in this form of organization. On the expiration of Judge Stow's term, January 3, 1852, Judge Jackson was chosen Chief Justice, but resigned on the same day, and Judge Whiton was thereupon chosen, and re- tained the position until the court in that form was superseded by a new organization, in June, 1853. r . s , J. R. Brigham was aippointed the first Clerk of this court, and, upon his resignation, to go into the practice of the law at Milwaukee, S. W. Beall was appointed on the 12th of December, 1849 ; and he immediately appointed La Fayette Kellogg his Deputy. Daniel H. Chandler, Esq., of Milwaukee, was the reporter of the first Supreme Court of the State, and published its reports in four volumes, averaging 292 pages each. These volumes, covering four years, contain 157 cases. The court expired by law on the 1st day of June, 1853 ; but It held no term after the December term, 1852. So rapid was the growth of population and business in the State, that a Supreme Appellate Court composed of nisi-prius Judges soon ceased to be able to perform satisfactorily the various duties imposed upon its members. But the Constitution authorized the Legislature to provide nl- f°T^^"'^**'°"' **"'®'" ^^^ ^^P^® °^^^® y^^""^' °^ * "separate Supreme Court," to consist of a thief Justice and two Associate Justices, who should be elected " by the qualified electors of the btate, ' and should be so classified that but one should go out of office at any one time, and whose full term of office should be six years. By Chapter 395 of 1852, the Legislature exer- cised the power thus conferred; and, since June 1, 1853, the State has had a Supreme Court nnaer the new form of organization, though the number of Judges and the length of the term nave since been increased by constitutional amendment. This court differs from that of the emtorial period in that its members are elected by popular vote and for a term limited by law, frnmTl, fl ^^"1 ^PP°'°*ed by the executive authority, to hold during good behavior. It differs whnl ?%°'"^';^"PJ'eme Court of the State, in that its members are all elected by a vote of the Doay of electors throughout the State, instead of each being chosen by the electors of a 508 HISTORY OF DANE COUNTY. particular circuit. And it diifers from both in that its members have no judicial duties other than those which belong to the Supreme Court itself. Under the Territorial Government, the three Judges of the Supreme Court were, by virtue of that office. Judges of the District Courts. Under the first State organization of the judiciary, the persons elected Circuit Court Judges in their several circuits were ex officio members of the Supreme Court. Under the existing organ- ization, the Judges have no function as Circuit District or Judges. The first Judges of the new organization, elected on the last Monday of September, 1852 were Edward V_. Whiton, of Janesville, Chief Justice, and A. D. Smith, of Milwaukee, and Samuel Crawford, of Mineral Point, Associate Justices. The term of Judge Crawford expired on the last day of May, 1855, when he was succeeded by Orsamus Cole, of Platteville. Chief ^Justice Whiton was his own successor on the 1st of June, 1857, and retained his seat until his death, in April, 1859, deprived the State of i^e of its most useful and distinguished citizens. He was succeeded by Luther S. Dixon, of Portage City, as Chief Justice. Byron Paine suc- ceeded Judge A. D. Smith, June 1, 1859, and from that date until the lamented death of Judge Paine in January, 1871, the court consisted of Chief Justice Dixon and Justices Cole and Paine, except during an interval of nearly three years (from November 15, 1864, to September 11, 1867), following upon the resignation of Judge Paine to take a command in a regiment of Wis- consin infantry in the war of the rebellion. During that interval, his place was filled by Jason Downer. On the death of Judge Paine, William P. Lyon, of Racine, succeeded him ; and, on the resignation of Judge Dixon, on the 17th of June, 1874, Edward G. Ryan, of Milwaukee, succeeded to the office of Chief Justice. By an amendment of the constitution, adopted in 1877, the Legislature was required to provide for the election of two additional Associate Justices ; and Harlow S. Orton, of Madison, and David Taylor, of Fond du Lac, were elected in the spring of 1878 ; the provision as to terms being such that the term of the former will expire on the first Monday of January, 1888, and that of the latter on the corresponding day in 1886, while the term of Judge Lyon will expire in January, 1884, and that of the Chief Justice in January, 1882. Judge Cole, whose term expired in January, 1880, was re-elected in the spring of 1879. His term and that of all the Judges to be hereafter elected is fixed by the constitutional amen'.. ment at ten years. As we have seen. La Fayette Kellogg had been Deputy Clerk of the Territorial Supreme Court from July 18, 1839; had been appointed its Clerk August 11, 1840 ; and had retained that office until the dissolution of the court. After an interval of ill health, he had become Deputy Clerk of the First Supreme Court of the State December 12, 1851, and had been " virtually the Clerk of the Court until its re-organization." When the court was re-organized, June 1, 1853, he was appointed its Clerk, and he retained the office until his death, June 4, 1878. His long, faithful and skillful service was fully recognized by the court and bar.* On the 11th of June, 1878, he was succeeded by his son and previous Deputy, Clarence Kellogg. The first eleven volumes of the reports of the court under the new organization bear the name of A. D. Smith, one of its Associate Justices, as reporter. Some of the earlier of them were, in fact, prepared and passed through the press by that accomplished and able jurist, Others, of later date, are understood to have been prepared, and their publication supervised, by other gentlemen at Judge Smith's request. Early in 1861, Philip L. Spooner, Esq., of Madison, was appointed reporter by the court, and he published Volumes 12 to 15. In 1864, he resigned the office to resume the practice of the law, and was succeeded by O. M. Conover, Esq., of Madison. The whole number of volumes containing the reports of the court under its present organization is forty-eight, and at the time of this writing sufficient matter has accumulated to make the forty-ninth. The number of reported cases for the twenty-seven years may be esti- mated at about five thousand. In consequence of the destruction of a great number of volumes of the reports by the great fire in Chicago in 1871, the first twenty-two volumes were repub- lished by Messrs. Callaghan & Co., of that city, under authority of the Legislatui e ; Volumes 3 and 5 with annotations by Chief Justice Dixon ; the remainder of the first twenty volumes annotatd *See the nroceedines of the court upon his death, 4A Wis., 2&-30. HISTORY OF DANE COUNTY. 509 bv Messrs. Vilas & Bryant ; and Volumes 21 and 22 without notes. While these reports have been published for many years by the firm above named, they have for the most part been printed in Madison, and have furnished a nucleus for a considerable and valuable business in book print- ing and binding in this city. The whole set, and the three volumes edited between 1872 and 1876 by S. U. Pinney, Esq., containing the decisions of the Territorial period and those by the first State organization, have been stereotyped, and the plates are preserved in the capitol. Judge Cole was, perhaps, the first of the Judges of the Supreme Court who transferred his residence permanently to the capital. Since the summer of 1859, all the Justices have, upon their election, made Madison their home, except Jason Downer ; and that learned and able Judge, finding it inconvenient to abandon his residence in Milwaukee, felt compelled to resign his posi- tion on the bench after a brief service. All the terms of the State Supreme Court, except two, have been held in Madison. By Chiipter 49 of 1868, the Legislature provided for holding three terms annually — a February term at Madison, a June term at Milwaukee, and an October term at Oshkosh. The June and October terms were h.eld, as thus provided, during 1868 ; but the arrangement was found to be excessively inconvenient to the court and its officers, with no compensating advantages, and the act was repealed in March, 1869. Of the Judges who have from time to time composed the court under the State Government, all but Stow, Hubbell, Whiton, Crawford and Paine still survive.* To this hasty outline of the history of the court, it would be a pleasant task to add sketches of the eminent men who have sat upon the bench of the court, or at least some notice of the public life and character of each of the honored dead. It would be interesting, too, to speak of the lawyers, many of them learned and able, and some of them distinguished by very great forensic talent, who have practiced at the bar of the court. Interesting would it be, also, to notice some of the great controversies carried on before the court and determined by its judgment, which have arrested the attention of the whole State, and marked epochs, perhaps, in its civil growth. Still more interesting to me, and more instructive, perhaps, would it be to follow the line of juridical development in legislative enactment and forensic discussion and judi- cial decision, during all the years since the first Legislature and the first Supreme Court of Wis- consin met in those little rooms at Belmont, until the present day, when almost every civil and business interest is regulated by statutes or decisions of native growth, inspired or tested by Wisconsin necessities, criticised and modified by Wisconsin intellect ; when our own reports furnish the sources of argument and authority and the means of solution for almost every legal question raised in our courts ; and when the laws and judicial decisions of Wisconsin, a State hardly one-third of a century old, exert a controlling influence over the juridical life of great States and Territories of still later growth, stretching from the Mississippi to the Pacific. But the theme is as large and difficult as it is fascinating ; and the limits of time and space alike for- bid me to attempt it here. Territorial District Court and State Qircuit Court. — The act establishing the Territorial government of Wisconsin provided for the division of the Territory into three judicial districts, and for the holding of a district court by one of the Justices of the Supreme Court in each dis- toct, two terms in each year in each organized county in the district. The three Justices were Charles Dunn, David Irwin and William C. Frazer. By an act of the Territorial Legislature, approved November 15, 1836, the counties of Brown and Milwaukee were constituted the Third District, and assigned to Justice Frazer ; the counties of Crawford and Iowa the First District, and assigned to Chief Justice Dunn. As, at that date, what is now the county of Dane was then portions of the counties of Milwaukee and Iowa, it was, of course, in both the Third and First distri cts. However, there being no population at that time in what is now Dane County, except those reWim^'^t!!!i'°^n°f ""^ °°^'^' "P™ occaoion of the death of Chief Justice Whiton, will ba^found in 8 Wis., xi-xx, new edition, and ttie other InJ J:, .i,^" '°°!, "'"■ ""'*'■ memorials of him, io 27 Wis., 23-68, and 36 id., ai-27. The reports contain no similar memo] ials of aliM E« 1°? named; and it is doubtful whether any adequate memorials of them, or of Judge Whiton, exist in print. lawyer or indeo h«i .h ™' ?™' '° ""o Printer, viz., on the 19th of October, 1880, Chief Justice Eyan joined the number of the dead. No greater VoL I of Uie Wi=™-^ T*^ °" "'' ""e ■"'"C'l in Wisconsin. A proper notice of his life and character wiU doubtless be found prefixed to urn nisconsin Keports when that volume shall appear. 510 HISTOEY OF DANE COUNTY. in that part which then formed a portion of Iowa County, the Blue Mound region and that if the Four Lakes was, judicially considered, a part of the last-mentioned county — that is, it was practically and in fact, in the First Judicial District. Nor was this state of things changed by the formation, in December following, of Dane County ; as the latter was attached to Iowa County for judicial purposes and so remained until its orjijanization in 1839. By the statutes of Wisconsin Territory of that year, the counties of Walworth, Rock, Green and Dane, were made the Second Judicial District, to which Justice Irvin was assigned. To this district Dane County belonged until Wisconsin was admitted into the Union as a State. In 1840, Sauk County was formed, and attached to Dane for judicial purposes, where it remained until 1844 when it was detached and organized into a county by itself. So, also, of Portage County, which, in 1841, was for judicial purposes attached to Dane, and so remained until 1844. The first term of the District Court of the United States in Dane County began Monday, October 7, 1839, David Irvin, Judge of the Second Judicial District of Wisconsin Territory, ■ presiding. The first action of the court was the appointment of Simeon Mills as Clerk, to hold his oifice during the pleasure of the court. The Sheriff, Nathaniel T. Parkinson, returned a venire with the names of the following persons summoned as Grand Jurors on part of the Ter- ritory : Prescott Brigham, William T. Sterling, Henry Fake, Horace Lawrence, George Vroman, Jonathan Lyman, Jr., Almon Lull, George H. Slaughter, Berry Haney, Mahlon Blaker, Augus- tus A. Bird, John C." Kellogg, William B. Long, Isaac Atwood, Robert L. Ream, Isaac H. Palmer, William Wyman, Josiah A. Noonan, John Stoner, David Hyer, Prosper B. Bird and Ebenezer Brigham. Of the number so returned, the following-named persons appeared on the first day of the term and were sworn on the part of the Territory : Augustus A. Bird, George H. Slaughter, Jonathan Lyman, Jr., William T. Sterling, Horace Lawrence, George Vroman, Robert L. Ream, Isaac H. Palmer, William W. Wyman, Henry Fake, Josiah A. Noonan, Prosper P. Bird, Isaac Atwood, Almon Lull, David Hyer and John Stoner. George ff. Slaughter was appointed foreman. On motion of Moses M. Strong, United States Attorney for the Territory, a venire was issued to the Marshal of the Territory, for a grand jury on the part of the United Stales. Thereupon the Marshal returned the same names as those who were sworn on part of the Ter- ritory. The same person was appointed foreman. The second day of the term, the grand jury reported that they "had no further business before them on the part of the United States," and, as such, were discharged. George H. Slaughter received pay, in addition to his per diem allow- ance, for fourteen miles travel — coming from and returning to his home — and Horace Lawrence for sixteen miles travel. After this, Ebenezer Brigham, Prescott Brigham and Mahlon Blaker,- who were called to answer for their contempt in. not appearing as grand jurors on the first day of the term, appeared in court and purged themselves of contempt. Thereupon, on motion of John Catlin, District Attorney, they were severally sworn as grand jurors.. The Marshal, on the same day of the term, returned into court a venire with the names of the following persons summoned to attend as petit jurors on the part of the United States: Wil- son D. Spaulding, Richard H. Palmer, Peter W. Matts, Hiram C. Fellows, JohnT. Wilson, William Hoadley, Charles H. Bird, Charles Lawrence, Darwin Clark, Jairus S. Potter, William Webb, James A. Hill, Charles S. Peaslee, William G. Van Bergen, Jonathan Taylor, Thomas Jackson, Jonathan Butterfield, William M. Seymour, Thomas Perry and Adam Smith. There being no business, the jury were discharged. Charles Lawrence, besides his per diem allowance, was also paid for sixteen miles travel, and Charles S. Peaslee for ten miles. On the third day of the term the grand jury for the Territory, came into court and pre- sented an indictment against " one Scoville, a fisherman," for erecting " across a certam stream of water," in Dane County, "commonly called the outlet of the Fourth Lake, a dam, to prevent the passage of fish." A "nolle" was entered in this case at the May term, 1841. On the same day another indictment was found by the grand jury against one of the c'tizens of the counj, for fornication. The jury were then discharged. The indictment was quashed at the August term, 1840. HISTOKT OF DANE COUNTY. 511 On the fourth day of the term, the Sheriff returned into court a venire, with the names of the persons served by him as petit jurors on the part of the Territory — being the same as those summoned on the part of the United States. There being no business for this jury, they were discharged. The first civil suit, at this term of the court, upon the docket, was one in assumpsit, brought by " Lester H. Cotton and Henry Fake vs. Almon Lull." On motion of the plaintiffs, by their attorney, William N. Seymour, the cause was dismissed at their costs. There was a number of other cases disposed of during this term of the court. The attorneys in attendance at the first term of the United States District Court of Dane County, were John Catlin, Thomas W. Sutherland and William N. Seymour, residents of Mad- ison; Moses M. Strong, William R. Smith and Parley Eaton, from Mineral Point; J. E. Ar- nold, from Milwaukee, and Edward V. Whiton, from Janesville. Upon the admission of Wisconsin into the Union as a State, it was divided into five Ju- dicial Circuits. In the Second Circuit were four counties, one of which was Dane. On the first Monday of August, 18-18, Levi Hubbell was elected Judge of this circuit. Judge Hubbell com- menced the first term of the Dane County Circuit Court on the 25th of September, 1848. On that day the attorneys admitted to practice in that court were Thomas W. Sutherland, Chauncy Abbott, Ira W. Bird, George B. Smith, I. G. Knapp, William Welch, Alexander L. Collins, Julius T. Clark, Henry A. Lambert, John Catlin, Alexander Botkin and N. F. Hyer. The first case disposed of was one in assumpsit — " Abijah Perry vs. Albin Blood." This case was dismissed at plaintiff's costs. Singularly enough, this suit was of the same nature as the one first disposed of by the District Court of the county, and precisely the same disposition was made of it as of that case. On the 29th of September, 1851, Judge Hubbell was re-elected for the full term of six years as Judge of the Second Judicial Circuit, to commence January 1, 1852. Dane County continued in that circuit until January 1, 1855, when, by the law of April 1, 1854, it passed into the Ninth Judicial Circuit, in which it has since remained. As the last-mentioned circuit was a new one, created for the counties of Dane, Sauk and Jefferson, a new Judge had to be chosen. The choice of the electors fell upon Alexander L. Collins, who was elected on the 4th Monday of September, 1854. He went into office January 1, 1855, but on the 19th day of August, 1858, he resigned. On the 5th of September following, Luther S. Dixon was appointed in his place until a successor was elected and qualified. Before the next April election, how- ever, Judge Dixon resigned, being elevated to the Supreme Bench, and Harlow S. Orton was elected Judge of the Ninth Judicial Circuit, to fill out the full term for which Judge Collins was elected, which expired December 31, 1860. On the 3d day of April, 1860, Judge Orton was elected for a full term of six years, but he resigned January 28, 1865, when Alva Stewart was appointed to hold until the next April election. In April, 1865, Judge Stewart was elected to fill out the full term of Judge Orton, which expired December 31, 1866. In April, 1866, he was again elected, this time for a full term of six years, which began January 1, 1867, and ended December 31, 1872. In April, 1872, he was re-elected for a full term, commencing January 1, 1873, and to end December 31, 1878. However, on April 2, 1877, upon the increase of the Ninth Judicial Circuit by the addition of three counties — Juneau, Adams and Marquette — Judge Stewart resigned, but was appointed, on the 5th of the same month, as his own successor, to fill out his full term. In April, 1878, he was re-elected for another full term of six years, which commenced January 1, 1879, and will end December 31, 1884. Municipal Court of Dane Oounty.— At the organization of the city of Madison, in 1856, a W' k 9?^^'' ^*s provided for, with exclusive jurisdiction of all criminal cases witliin the city. With this exception, the jurisdiction of this court was no greater than that of a Justice of the reace. The first Police Justice elected under this act was A. B. Braley, who held that oflfice lor three successive terms of two years each. In the spring of 1862, Calvi Aunsnorth suc- ceeded to the office, which he held for one term, or until the spring of 1864, when J. M. Flower was elected to the office. In 1866, Judge J. R. Baltzell was elected, and filled the office for 512 HISTOKY OF DANE COUNTY. three terms, or until the spring of 1872, when Judge Braley was again chosen without opposition to fill the place. During this term, the Supreme Court having decided that police courts coulij exercise no greater Territorial jurisdiction than the municipalities which elected them, the Legis- lature of 1874 provided for a Municipal Court, the Judge of which was to be elected by the voters of the whole county. To this important place, Judge A. B. Braley was elected without opposition, in the spring of 1874, for a term of six years. In 1875, the jurisdiction of the court was greatly enlarged in criminal matters, and made concurrent with that of the Circuit Court in all respects save the crime of murder. At this re-organization of the court, in which it was erected into a court of record, with clerk and seal, A. E. Pettingell was appointed clerk, and still holds the place, the duties of which he has discharged with great efficiency and fidelity, and to the satisfaction of all who have had business with the court. In the spring of 1880, Judge Braley was re-elected to the office of Municipal Judge in a second term. Up to May, 1880, the compensation of boih Judge and Clerk was derived through fees in each case ; but, in the winter of 1880, the Legislature passed an act providing for a salary for the office. This was fixed at $3,000 per annum, out of which the Clerk is to be paid. One-third of this salary is paid by the city, and two-thirds by the county. All fees taxed and collected are paid into the treasury toward the salary. The Municipal Court has proved itself to be a very efficient instrumen- tality both in the punishment and prevention of crime. Since its organization, crime has greatly diminished, especially in the city of Madison, The certainty and speediness of punishment, in a court which is open every day, exercises a wholesome and restraining influence on those disposed to violate the law. The Municipal Court of Dane County is the only court in the State which carries out to the very letter that provision of the constitution which gives to all a speedy public trial on criminal charges. This court also saves much in criminal expenses to the county. Prisoners, instead of waiting for months in jail for the Circuit Court, can be tried at once. Besides the saving in board of prisoners, the expenses of a trial in the Municipal Court are very much less than in the Circuit Court. In the latter court, there is a jury of thirty-six, at $2 per day, while in the former, the jury consists of twelve men, in each case, at $1 per day. Besides these items, officers' and witnesses' fees are also very much less in the Municipal than in the Circuit Court. Since the organization of the Municipal Court, with its enlarged jurisdiction, in 1875, it has tried and disposed of about 125 cases, which otherwise would have been sent to the Circuit Court for trial. About four-fifths of these have resulted in convictions of the prisoners, and been followed by sentences for longer or shorter terms at hard labor in the State Prison, the longest sentence being for eleven years, and the shortest six months. County Court. — County Courts were established in this State by Chapter 86 of the Revised Statutes of 1849 ; and the jurisdiction and powers previously exercised by Probate Courts, were, by said Chapter 86, transferred to the county courts. Civil jurisdiction, to a limited extent, was vested in County Courts by the act establishing them, but such civil jurisdiction was soon after taken away. By Chapter 76, of the laws of 1858, the jurisdiction of the County Court for Dane County was increased, and jurisdiction conferred in actions founded on contract, and some other matters in controversy, where the amount claimed did not exceed $5,000. That act, however, was repealed in 1863, since which time the County Court of Dane County has exercised only probate jurisdiction. Prior to 1849, the Judges were styled Probate Judges, and prior to 1844, they were ap- pointed by the Executive of fhe Territory. Isaac H. Palmer, appointed December 23, 1839; Albert W. Parris, May 13, 1842; Alex- ander Botkin, November 24, 1842 ; William W. Wyman, June 1, 1843 ; Jesse A. Clark, elected September, 1844 ; E. B. Dean, Jr., September, 1846 ; Daniel B. Steeden, November, 1848; John Catlin,- September, 1849; N. B. Eddv, appointed October 19, 1850; N.B.Eddy, elected September, 1853 ; J. P. Atwood, appointed Julv 3, 1854 ; J. G. Knapp, January 1, 1857 ; D. C. Bush, elected April, 1857 ; S. H. Roys, "April, 1857 ; Thomas Hood, April, HISTOEY OF DAITE COUNTY. 513 1858 ; Thomas Hood, April, 1861 ; George E. Bryant, April, 1865; George E. Bryant, April, 1869; George E. Bryant, April, 1873; Alden S. Sanborn, April, 1877. At the election in April, 1857, D. 0. Bush was elected to fill an unexpired term, and S. H. Roys was elected for the full term commencing next thereafter. The latter died before the commencement of the term for which he was elected. Eight of the Judges are deceased, to wit : Albert W. Parris, Alexander Botkin, William W. Wyman, Jesse A. Clark, Daniel B. Sneeden, John Catlin, S. H. Roys and N. B. Eddy. The other eight are living. The first estate administered, as shown by the records, was the estate of Zen as H. Bird. Letters were granted by Judge Wyman to Ira W. Bird June 1, 1843. The first book of records contains 490 pages, and contains all Probate proceedings from the first oflScial act of Judge Palmer, June 26, 1840, to the 2d day of March, 1853. The record books proper, of Probate proceedings, now number forty-four, made of medium paper, and each containing about 600 pages. NORWEGIAN LUTHERAN SEMINARY. This institution is located in Madison. It is owned and supported by the Norwegian Lutheran Synod, founded in 1852, and consisting of about one hundred and fifty ministers and 65,000 communicants. In 1876, this seminary was inaugurated with two professors. Prof. E. A. Schmidt, formerly of Concordia Seminary, St. Louis, Mo., and Prof. 0. Aspenheim, of Springfield, 111. The seminary consists of two departments — one theoretical, pre-supposing a full classical course, and the other practical. At present three professors are engaged in the work, Prof Schmidt, Prof H. A. Stub and Prof. J. Ylvisaker. The number of students for the year 1879 to 1880 was thirty-seven, graduates four. The theology taught is strictly Lutheran, according to the symbolical books of the Lutheran Church. The building and grounds were formerly the Soldiers' Orphans' Home, and were purchase in the summer of 1876 of the Regents of the University of Wisconsin, to whom it was donated by the State. The number of students in 1876 was nineteen. The time required to complete the course of study is three years, in both departments. The languages used are Norwegian, English and German. ALBION ACADEMY AND NORMAL INSTITUTE. Albion Academy located in the village of Albion, was founded in 1854, with C. R. Head, as President ; J. H. Potter, as Secretary, and J. A. Potter as Treasurer. The first building was completed in September, 1854, and the school began its work under the direction of T. R. Williams, A. M., D. D. His very able administration continued until 1860, when he resigned in order to engage in the ministry, and A. R. Cornwall, A. M., was appointed to supply the vacancy. In 1864, Prof Cornwall left his work in the institution to take charge' of a church at Plainfield, N. J., and Prof J. Q. Emery and Prof E. G. Campbell were appointed Associate Principals, continuing successfully till the death of Prof Campbell, in the fall of 1865. The vacancy caused by the death of this able scholar and teacher was filled by A. B. Prentis, who, in conjunction with Prof Emery, conducted the school till the spring of 1866. During these two years the school grew in public confidence, and its financial afiiairs became reliable and satisfactory. In 1866, Prof Cornwall again became its Principal, and in 1868 Prof R. B. Anderson became Associate Principal. The influence of this energetic young man largely increased the patronage of the school, filling the buildings to their utmost capacity. Prof Anderson remained till 1869, when he became connected with the State University, where he now holds an important professorship. Prof Cornwall remained at the head of the academy till 1878, when Edwin Marsh, A. M., was appointed to succeed him, and remained till 614 HISTORY OF DANE COUNTY. the spring of 1880. Both these gentlemen proved themselves to be able, efiScient and successful teachers. The object of the founders of the academy was to afford to young men and women a thorough and practical education at a cost so low that no one who had any desire need go with- out it. Poverty has never been an obstacle to the acquirement of a good education to those who have been persistent in its pursuit, and many poor boys have here laid the foundation for successful careers. Its alumni are scattered throughout the United States, numbering considerably over one hundred. The academy has a property valued at $30,000, consisting of three large brick build- ings, situated in a beautiful park of twelve acres. For educational purposes, the academy has many advantages. It is situated in one of the pleasantest villages in the country. It is surrounded by a rich farming community. Its loca- tion is healthy. Its recitation rooms are commodious. The three societies have fine halls, and the influences that generally tend to diotract the student's mind from study are absent. Its average yearly attendance has been about 225. Its course of instruction consists of a four-years course in Greek, Latin, German, matie- matics, metaphysics and natural science. The academy confers on its graduates the degree of Bachelor of Philosophy and Laureate of Philosophy. It receives no aid from church or state, but depends upon a small tuition fee and the liber- ality of a few benevolent individuals for its maintenance. C. R. Head has been President of the Board of Trustees during the twenty-six years of its existence, and has been its strongest supporter and most liberal giver. G. W. .Williams, Jesse Saunders, J. H. Potter, D. J. Green, Daniel Coon, S. R. Potter, J. A. Potter, George Greeman & Co., of Mystic, Conn. ; E. Lyon, New York ; Clark Rogers, Plainfield, N. J., and Horace Bliven have been foremost among its supporters and contributors. MARSHALL ACADEMY. The building is a large three-story, erected in Marshall, in 1866, at a cost of |8,000. It was built by a joint-stock company. It was opened January 7, 1867, with J. J. Mcln- tire. Principal, and Mary A. Cuckoo, Preceptress, under the supervision of the following Board of Directors : Joseph Hart, President ; W. H. Porter, Treasurer ; E. B. Bigelow, Secretary ; Louis Morrill, Samuel Blascoer, Thomas Hart, Torga Oleson, Jacob Miller and Samuel Fields. In 1869, the building was purchased by the Augustine Synod of Luther- ans, and formally dedicated to their use in November of the same year, with J. J. Anderson as Principal of the Academic Department, and Prof. Weinass of the Theological Seminary. In the fall of 1875, the building was leased by Prof. Henry Dorman, and the academy was run by him during the academic years of 1875-76 and 1876-77. Charles Leonardson was Prof. Dorman's assistant. In the fall of 1877, Prof. F. W. Dennison leased the building, and during the aca- demic years of 1877-78, 1878-79 and 1879-80, has successfully managed the institution. Rev. T. Lysnes has been at the head of the Theological Department since 1875. ST. REGINA ACADEMY. This school for females was established in Madison in August, 1871, as auxiliary to St. Clara Mother House, of Sinsinawa Mound, Grant County, Wis. The building, which was formerly a private residence, stands on the corner of Washington avenue and Henry street; and, although large, having fifteen commodious rooms, is too small to accommodate the number of pupils taught there. There is a Sister Superior and four assistant teachers. There are fifty pupils taught there annually, on an average, including girls from the parish schools. The school is open to, and is patronized largely by, people of all denominations. HISTORY or DANE COUNTY. 515 The course embraces all primary studies, and advanced and graduating studies in geogra- phy literature, mathematical and Biological sciences, philosophy, sacred, profane and natural history, logic, rhetoric and the French, German and Latin languages, besides music, painting, and the study of the Constitutions of the United States and of Wisconsin. NORTHWESTERN BUSINESS COLLEGE, This school is located in Madison, and was founded by R. S. Bacon in January, 1856. He first opened it in the third story of Brown's Block, where he taught a few months, then moved to Bacon's Block, now Ogden's. In June, 1858, after a successful management, Mr. Bacon sold to D. H. Tullis. The college was then united with the university, and called the University Commercial School. Mr. Tullis conducted the department successfully until the winter of 1864, then sold to B. M. Worthington, with whom was soon associated Mr. .Warner. They continued the school in Young's Block for a time, then moved it; to its present quarters, in Ellsworth Block. H. M. Wilmot bought Warner out in 1871. R. G. Damming purchased Worthington 's interest in 1876, and in January, 1879, J. C. Proctor purchased Mr. Wilmot's interest, the last-named purchasers being the present proprietors. The school occupies one floor 44x66 feet, divided into four rooms. The course embraces book-keeping, penmanship, commercial law, arithmetic, and business correspondence. There is also an academic department, embracing a college preparatory course. The average yearly attendance is 160. A debating society is maintained in connection with the institution. STATISTICS. Population of Bane Oountj af different Periods. — In 1836, 36 ; in 1838, 172 ; in 1840' 314; in 1842, 776; in 1846, 8,289; in 1847, 10,935; in 1850, 16,639 ; in 1855, 37,714; in 1860, 43,922; in 1865, 50,192; in 1870, 53,096; in 1875, 52,798; in 1880 as follows: Al- bion, 1,351 ; Berry, 1,066; Black Earth, 904; Blooming Grove, 929; Blue Mounds, 1,011; Bristol, 1,1.39 ; Burke, 1,002 ; Christiana, 1,859 ; Cottage Grove, 1,164 ; Cross Plains, 1,331 ; Dane, 1,158; Deerfield, 975 ; Dunkirk, 1,283 ; Dunn, 1,139; Fitchburg, 988 ; Madison Town, 735; Madison City— (First Ward, 2.249; Second Ward, 2,003; Third Ward, 2,517; Fourth Ward, 2,027 ; Fifth Ward, 1,546)— 10,342 ; Mazomanie (and village), 1,646 ; Medina, 1,404 ; Middleton, 1,513 ; Montrose, 1,107 ; Oregon, 1,515 ; Perry, 924 ; Primrose, 887 ; Pleasant Springs, 1,283 ; Roxbury, 1,157 ; Rutland, 1,134 ; Springdale, 1,007 ; Springfield, 1,241 : Stoughton, Village, 1,403; Sun Prairie, Town, 923 ; Sun Prairie, Village, 597 ; Vienna, 1,052 :' Verona, 1,040 ; Vermont, 963; Westport, 1,985 ; Windsor, 1,212 ; York, 983 ; Total, 53,352! That it is not always profitable to speculate as to the future progress of a county, is shown by the following, published nearly a quarter of a century ago, concerning Dane County : " Let us make some moderate estimates of the population of Dane County for the next ten years, based upon the present population of 40,000 : "In 1857, add one-fifth increase, 48,000; in 1858, add one-sixth increase, 56,000; in 1859, add one-seventh increase, 64,000 ; in 1860, add one-eighth increase, 72,000 ; in 1861, add one-ninth increase, 80..000; in 1862, add one-tenth increase, 88,000; in 1863, add one- eleventh increase, 96,000 ; in 1864, add one-twelfth increase, 104,000 ; in 1865, add one- thirteenth increase, 112,000 ; in 1866, add one-fourteenth increase, 120,000. , ' ■^"8. g^'eat empire county of Wisconsin is well able to sustain a far larger population than that here indicated. But one-sixth of the land in the county is yet settled, and all is suscepti- ble of culture, and, were the other five-sixths settled, at the same ratio per square mile, we should exhibit a population of 250,000 people. I'ifl nnn '^ °^ Rhode Island, possessing the same area as Dane County, has a population of iou.uuu; and there are counties in England of the same area, having 344,000 people; and in "anoe, having 700,000 inhabitants— all chiefly dependent for their sustenance upon the culti- vation ot the soil, which is naturally much inferior to that of Dane County." 516 HISTORY OF DANE COUNTY. The census of 1846 was taken by John M. Griffin and assistants, whose labors were com- pleted June 1, with the following result : Madison Eome Butland Dunkirk Albion Sun Prairie Total... WHITE HALES. 2,469 385 248 183 478 830 4,593 WHITE FEMALES. 224 198 158 433 722 3,693 MALES O; COLOR. FEMALE 0! COLOR, TOTAX, 4,329 709 446 341 911 1,563 Farm Products G-rowing in the County of Dane in 1879. NCMBEK OP AOKES. TOWNS. 1 i CQ 1 1 i 1 o S 1^ Apple Orchard. 1 • I °.2g 1 828 3463 956 2110 2361 6614 1446 1319 2231 2481 3929 1961 1304 1437 2328 882 611 5153 3859 659 596 2159 819 2459 3840 679 2380 4926 14 3048 125 5265 1663 2311 4006 3422 5229 2506 1147 782 2141 2128 1983 1543 2477 2266 2483 4323 1050 3752 2785 4137 977 1315 17iO 2100 3621 3874 1133 1950 2298 1767 4920 2424 2533 eo 1850 149 2486 3613 1198 2400 1565 1740 2116 1032 677 1351 1780 1740 1010 1660 1628 1742 1933 1057 2699 2452 3205 658 434 1050 1691 2556 5473 1469 1880 1843 902 3731 2149 1590 55 1322 93 2048 3673 958 1703 1137 1182 258 412 167 445 237 596 370 1174 973 807 539 1153 310 609 535 136 36 750 819 78 98 242J 180 462 416 159 432 1238J 210 526J 133 151 66 12 45 164 145 344 95 78 288 121 88 40 311 200 195 182 68 90 210 221 250 140 178 436 54 m 2^ 98 43 91 70 73 81 59 97 54 97 65 131 843 30J 130 112 97 98 36f 41 35 76 156 52 124f 2 144 9 112 104 2 10 1 154 \^ 12 138f 53^ 50 128 136 23 79 74 130 96 212 114 ^■^ 350 131 63 180 15 18 104 33 85 45 72 2990 546 1741 4499 840 2599 1001 2931 4127 960 2993 2420 3129 1987 3518 3473 361 2000 4192 2211 3610 341 800 2240 891 1235 707 13 "is" 5 f) Black Earth 7 Burke 6 6 20 Dane Bpprfipld 7 in 16 16 1300 7 7 400 Medina m Oregon 6 i 22 , 10 3 3 16i 10 28 9 1241 39 835 438 209 948 684 '490 35 217 27 195 72 15 52 65 239 6070 621 7286 1432 2423 2042 2000 4876 ""i 3 i Vienna 25 56 193 70 8 9 WpatnnrJ- ...•« ...*■ York 2 123 11 ~ — Total 88773 81226 63679 18515J 5366J 3316J 14041^ 3451 85005 499{ HISTORY or DANE COUNTY 517 TOWNS. Albion., Berry.. BlMk Earth Blooming GroTC, Blue Mounds Bristol Burke Christiana Cottage Grove... Cross Plains Sane Deerfield Dunkirk Sunn Fitchburg Madison Town.. Mazomanie Medina Middleton Montrose Perry., Primrose Pleasant Springs Eoxbury Eutland Springdale Springfield Stoughton Village... Sun Prairie Sun Prairie Village.. Vienna Verona Vermont Westport Windsor York NUMB BR OF ACRES. Tobacco. 590 98 17 586 118J 211J 754 205 4 4 Graasea. Total.. 153 22 4 715 78 3579 2861 512 566 1383 973 1078 710 2040 2494 915 1806 1129 2735 1461 1000 3317 566 .300 1131 2876 4093 1349 2561 1562 679 1645 1194 934 20 1147 146 2435 3110 673 928 1484 2193 Growing Timber. .55006 3168 30 1533 2149 6250 1777 1158 3813 2890 4165 2471 3684 2922 2610 4480 1215 2353 150 1480 4521 4051 3974 4964 3916 5110 2429 5522 2880 80 2792 25 2130 4375 6027 1276 851 3310 MILCH COWS. Number. 106531 606 654 448 451 470 708 180 741 731 650 490 568 783 483 650 294 660 1250 557 635 669 789 630 641 461 720 613 507 30 495 43 545 519 583 470 374 663 20661 $7044 6794 4857 7638 6580 10823 1535 13266 12390 7515 7578 6220 15550 7447 12000 3739 10198 2500 4994 9525 13485 12382 8190 9615 6945 15840 8616 7768 650 7055 670 7890 4861 4203 5322 5477 9227 286389 Property Valuations at Different Periods.— The following table shows the number of acres assessed, and valuation of the same for taxable purposes, from 1846 to 1850 inclusive in Dane County ; ' Tear. 1846 .. 1847 ,. 1848 „ 1849.. 1850 . No. of acres. Valuation. 211,487 $ 473,269 247,087 627,479 327,139 740,939 426,123 1,165,282 514,727 1,369,753 wnrtl, a^^'iQ^o ^"f personal property in Dane County for the year 1880: Horses, 19,905, lo hS?t«'7f"^^^H^.^k^°'"'^^^^2'^^2; mules, 272, worth $12,603 r sheep, 79,425 S 1! 1 qnf ^= r»o'; !J'^'^^' ^'''^^ $141,750; wagons, etc., 10,004, worth |199,400 S189 77- ' ' ^'^'"''^ $27,606 ; pianos and melodeons, 966, worth $57,889 ; bank stocks, aaqo^ ' °'«':<=''ants and manufacturers' stocks, |574,470 ; all personal property, $4,833,1 ^dd.i5, acres m county, 750,303.89, worth $11,003,910; city and village lots, $3,877,270. 518 HISTORY OF DANE COUNTY. Post Offices in Bane County in 1880. — Albion, Ashton, Belleville, Black Earth, Blue Mound, Cambridge, Christiana, Clentarf, Cottage Grove, Cross Plains, Dane Station, Deans- ville, Deecfield, De Forest, Door Creek, East Bristol, East Middleton, Elvers, Forward, Haner- ville, Hyer's Corners, Lake View, Macfarlane, Madison, Marshall, Mazomanie, Mendota Montrose, Middleton, Morrisonville, Mount Horeb, Mount Vernon, Nora, North Bristol, Norway Grove, Oregon, Paoli, Perry, Pheasant Branch, Pine BluflF, Primrose, River, Roxbury, Rutland Springdale, Springfield Corners, Stoner's Prairie. Stoughton, Sun Prairie, Syene, Token Creek, Utica, Verona, Waunakee, West Middleton, Windsor. In 1836, there was but one post ofBce in what is now Dane County — Moundville (Blue Mounds), with Ebenezer Brigham as Postmaster. It was then, in fact, in Iowa County, as Dane County was not created until the latter part of that year. On the 11th day of May, 1839, there were two post ofBces — Moundville and Madison. There had been one established at the City of the Four Lakes, and one at Cross Plains, but these had been discontinued. County Receipts and Expenditures in 1839 and 1879. — On the 14th of January, 1840, the County Commissioners, Eben Peck, Simeon Mills and Jeremiah Lycan, made a report of the receipts and disbursements of Dane County, from the time of its organization to that date, This, the first report of Dane County, is here given : DEBTOR. To amount paid out for the survey and location of roads $177 00 To amount paid out for books and stationery 337 51 To amount paid out for furniture and office rent 190 25 To amount paid out for printing blanks and advertising 67 25 To amount paid out on contract for building jail 1239 66 To amount of expenses for October term of district court, elections, cost of assessment, fees of officers, bounty on wolves, expenses of criminal pros- ecutions, Coroner's inquests, etc 938 17 Total expenses for the couity $2949 74 CEEDIT. By amount of taxes paid into the county treasury for county purposes |2184 41 By amount of taxes for school purposes 393 13 By amount for flues 5 00 By amount for tavern license ; 20 00 By amount for grocery license 100 00 Balance due the County Treasurer on settlement j 55 96 Total amount of receipts $2758 50 Deduct the amount due the Territory §164 70 Deduct Treasurer's fees 54 02 •- 218 78 2539 78 Balance against the county $409 96 The total receipts of the county from January 1, 1879 to September 1, of the same year, was $92,858.95 ; the disbursements for the same time were $84,947. HISTOliY OP DANE COUNTY. 619 CHAPTEE X. SOME OF DANE COUNTY'S DISTINGUISHED DEAD. John Catlin— AuersTus A. Bied— David Bkigham— Thomas W. Sutherland— John Stonbr— Alex. Botkin— Nathaniel T. Parkinson— James Morrison- Neelt Gra,t— Benjamin E. Hopkins— J. C. Fairchild— Cassius Fairchild— Levi B. Yilas— John Y. Smith— Luke Stoughton— Bteon Paine— Stephen H. Carpenter— Charles D. Atwood— George B. Sjuth— John B. Feuling— J. C. Hopkins— "W. J. L._ Nicodemus— La Fayette Kellogg — N. W. Dean— Timothy Brown- Ole Bull— William B. Slaughter— Edward G. Kyan. John Catlin was born the 13th of October, 1803, at Orwell, Vt. His genealogy has been successfully traced back through six generations to Thomas Catlin, who resided at Hartford, Conn., more than two and a quarter centuries ago. His father was John B. Catlin, and his mother's maiden name Rosa Ormsbee, daughter of John Ormsbee, of Shoreham, Vt. John Catlin came of excel- lent American stock as both his paternal and maternal grandfathers were Revolutionary soldiers, and conspicuous for their patriotic zeal in the war which resulted in the consummation of American independence. In his paternal grandfather's family there were seven brothers, all of whom shouldered the Revolutionary musket and joined the ranks of the patriotic army. They were all of them fine specimens of stalwart manhood, standing full six feet high, heavy, muscular, and well propor- tioned His mother's father held a Lieutenant's commission in the Continental army, and con- tinued in the service until the close of the war, when he received an honorable discharge, together with the sum of $1,400, the amount of his pay. The currency of the country was somewhat inflated at that time, as on his return to his home in Massachusetts, Lieut. Ormsbee paid $60 of his money for a single bushel of corn. John Catlm's father was engaged in the mercantile business until 1812. At the beginning of the war which broke out that year, he abandoned his mercantile vocation and took up his residence in the town of Bridgport, Addison Co., Vt. Having purchased a farm bordering upon Lake Champlain, he became a tiller of the soil. The subject of our sketch was then about nine years of age ; and in that place and vicinity he began and ended the scholastic training which was to prepare him for the business of life. His educational advantages were quite limited, being only such as the common district school afforded, with the exception of one year which he spent in Newton Academy, located at Shoreham. At the age of eighteen, he quit school and resarted to the vocation of teaching as a temporary means of livelihood. He followed this occu- pation for nine successive winters, devoting his summers to self-culture and to the study of law in the office of Augustus C. Hand, of Elizabethtown, 2S[, Y. In 1838, he was admitted to the bar at the age of thirty. In 1836, he joined the comparatively small band of early pioneers who were following the course of empire westward. That was forty years ago, and emigrating as far west as Wiscon- sin was no holiday excursion as now. The pioneer of 1836 had no palace car, furnished with luxurious accommodations, in which he could repose at his ease, reading the latest paper or mag- azine, or sleep away the swift hours, rolling him over the iron track at the rate of four hundred miles a day. The emigrant of forty years ago was compelled to travel by the slow stage-coach, aragging its weary way over muddy roads, at the rate of thirty to fifty miles a day ; or by the 520 HISTORY OF DANE COUNTY. tedious canal-boat, with its scanty accommodations, or the ill-provided lake steamer, laborins against opposing waves to make six miles an hour, and, even when the wished-for destination was reached, the traveler found himself encompassed with difficulties, dangers and privations. Mr. Catlin first settled at Mineral Point, where he formed a copartnership with Moses M, Strong in the business of his chosen profession. He, however, remained there but two years- for, the capital of the Territory having been located at Madison, and he having received the' appointment of Postmaster at that place, in the spring of 1838, he removed there, with a view of making it his permanent residence. He held the position of Postmaster until the election of Gen. Harrison as President, when he was removed to make way for a political antagonist; but upon the accession of John Tyler to the Presidency, he was re-instated and continued to hold the office until 1844, when he was elected a member of the Territorial Council, and, the two offices being incompatible under the law, he resigned his post office appointment. In the fall of 1836, Mr. Catlin was appointed Clerk of the Supreme Court. He was also chosen Clerk of the Territorial House of Representatives in 1838 ; and was re-elected to that position for eight successive years. He was the first District Attorney of Dane County, and, on the removal of George C. Floyd from the office of Secretary of the Territory, in 1846, he was appointed his successor, and continued to hold that position until Wisconsin was admitted into the Union, in 1848. A bill was introduced into Congress by Morgan L. Martin, the delegate of Wisconsin, to organize a Territorial government for Minnesota, including the district left out on the admission of Wisconsin as a State. The citizens of what is now Minnesota, were very anxious to obtain a Territorial government ; and two public meetings were held — one at St. Paul, and the other at Stillwater — advising and soliciting Mr. Catlin, ,who was Secretary of Wisconsin, to issue a proclamation, as the Acting Governor, for the election of a delegate. After some con- sideration, Mr. Catlin repaired to Stillwater, and issued the proclamation. H. H. Sibley was elected ; and he did much toward hastening the passage of a bill for organizing a Territorial govern- ment for Minnesota. Mr. Catlin was afterward elected County Judge of Dane County, an office which he resigned in order to accept the position of President of the Milwaukee and Mississippi Railroad Company. His appointment to this position necessitated his removal to Milwaukee. In the discharge of the duties of the important position of President of the primitive rail- road of Wisconsin, Mr. Catlin displayed great energy and skill. He procured the passage of a law which made the first mortgage bonds of this railroad, to the amount of 50 per cent, a foundation for banking. This feature appreciated the obligations of the company to such an extent that he was enabled to effect a loan of $600,000, which gave to the road the first great impulse, and the work of constructi.on was vigorously begun, and as vigorously prosecuted. He was President of this road for five years, or until 1866, when he declined a re-election. His retirement was made the occasion of a highly complimentary resolution adopted by the Board of Directors, thanking him for his eminent services in behalf of the road. In 1857 the company failed, and Mr. Catlin was once more induced to accept the position of President, and he proceeded to re-organize the association. He continued his official connec- tion with that corporation until it was subsequently consolidated with the Milwaukee & St. Paul Railroad Company. Mr. Catlin was married on the 19th day of September, 1843, at Rochester, N Y., to Miss Clarissa Bristol, daughter of Charles Bristol, once a prominent wholesale merchant of New York City. The fruit of this marriage was one child, a daughter, who is still living. Among the pioneers of Wisconsin, John Catlin held a conspicuous place. The various im- portant official positions which, as we have seen, he was called upon to fill, furnish sufficient proof in confirmation of this statement. He was chosen' Secretary of the Territory, was the first Postmaster of Madison, first Clerk of the Supreme Court and of the Territorial House of Representatives, first District Attorney of Dane County, its first County Judge, was President of the first '•ailroad company, and a member of the Territorial Legislature. His energetic character and practical ability peculiarly fitted him for the work of aiding in the buil img up the fabric of a new State. All enterprises that proraised to promote the growth. HISTORY OF DAKE COUNTY. 521 and prosperity of Wisconsin, found in him a zealous supporter and a determined advocate. In its infancy he became a life member of the State Historical Society, and to the time of his death he was one of its most active and inflexible friends. His efforts and influence contributed in no very slight degree toward the collection of literary treasures which now fill one wing of the capitol forming a library of which the State is justly proud. Mr. Catlin's friendship for the Historical Society was not impulsive or spasmodic, but a continuing regard which lasted through- out his active life. It is perhaps but just in this connection to allude to the liberal bequest which he made of a section of land in the State of Texas, for the benefit of the society. John Oatlin was pre-eminently a self-made man. He owed but little of the success which he achieved to the gifts of fortune, or to extraordinary natural endowments. His intellectual parts were more solid than showy, more useful than ornamental. His aim was success, and he sought it in the slow, but sure and solid pathways of industry and perse- verance. He knew the race was not always to the swift, nor the battle to the strong. He saw the prize of victory in the far distance, waiting for all who would labor to achieve it ; and he entered upon the pursuit, not with the impulsive flights of genius, but with the steady gait of practical com- mon sense. It may be said that Mr. Catlin's intellectual character was neither illustrated nor marred by any of the faculties or of the faults of genius. He laid no claim to the natural gifts which are essential attributes in the character of the successful advocate ; and yet, had he devoted his life exclusively to the duties of his chosen profession, he would doubtless have gained distinction at the bar. He was a kind and faithful husband, an indulgent pareiit and a most exemplary citizen. He died August 4, 1874, in Elizabeth, N. J. Augustus A. Bied. Mr. Bird was born on the 1st day of April. 1802, in the State of Vermont. His mother was a daughter of Dr. Burgoyne, who was a nephew of Gen. Burgoyne, of the British army. When three years of age, Mr. Bird's father, with his family, moved from Vermont, and settled in Madison County, N. Y. In April, 1824, he was married, in the town of Westmoreland, N. Y., to Miss Charity Le Clar, who was a daughter of Louis Le Clar, a Frenchman. In 1826, Mr. Bird moved with his family to Ann Arbor, Mich., where he remained over two years, and then moved back to Madison Co., N. Y. In 1836, he located at Milwaukee, and there engaged energetically in the business of build- ing. He was appointed one of the three Commissioners for the erection of the Territorial cap- ' itol at Madison, and was the active and efficient man of the board. On the 1st day of June, 1837, Bird, at the head of about forty workmen, and a train of four wagons loaded with provis- ions, tools and other articles essential in commencing a new settlement, started for " The Four Lakes," the present site of Madison. There was then no road, and the party were obliged to make one for themselves. By the aid of an old map and compass, by perseverance and energy, Bird and his party were enabled to pursue their route, chopping their way through the forests, building long corduroy roads over swamps and fording or bridging streams. In 1851 and 1856, he was chosen to represent the Madison District in the Legislature, and served the city as one of its earliest Mayors, and became well known to all early prominent men of the Territory and State. In the prime of life, he was a man of much energy, and was well fitted, by his hardihood of character, for a pioneer. He passed through many hardships and On the 25th of February, 1870, he died very suddenly at the residence ol his son-in-law, John Starkweather, in Green Bay, in the sixty-eighth year of his age. He was apparently in good health, and had, less than an hour before, walked home from town, and was sitting at the table, when his head suddenly dropped forward and he was dead. 522 HISTOEY OF DANE COUNTY. David Brigham died August 16, 1843, aged fifty-seven years. He was an elder brother of Ebenezer Brigham of Blue Mounds, and removed to Madison in 1839. He was a graduate of Harvard University in 1810 was tutor in Bowdoin College, and subsequently read law. In 1818, became established in practice at Greenfield, Mass., where he married his wife. The latter — Mrs. Elizabeth Franklin Brigham— died at Madison at the residence of her daughter, Mrs. H..G. Bliss, November 3, 1879, in the eighty-seventh year of her age. Mr. Brigham was a member and officer of the Congregational Church, and at his death was the senior member of the bar. The Dane County bar, at a meet- ing held the day after his death, passed suitable resolutions on his decease, testifying their respect and regard for their deceased associate, at which meeting Alexander L. Collins was Chairman and L. F. Kellogg, Secretary. Remarks were made by A. P. Field, Thomas W. Sutherland and Alexander Botkin. His son, J. Ripley Brigham, resided at Madison until 1851, when he removed to Milwaukee. Thomas W. Sutheeland, an early settler, died at Sacramento, Cal., February 2, 1859. He was the eldest son of Joel B. Sutherland, of Philadelphia. In 1835, he first came to Indiana with H. L. Ellsworth, Com- missioner of Patents, as a Clerk of a commission ta settle some Indian matters. He then crossed the country to St. Louis, thence up the Missouri to Council Blufis, from which place, with a pony, he traversed the then savage wilderness to the upper waters of the Mississippi, at or near the St. Anthony ; from thence he procured a skiff, and floated down the river to the mouth of Rock River, and paddled his skiff up that stream to the mouth of the Catfish , up the Catfish, through the chain of lakes, to the point upon which the city of Madison now stands, then only inhabited by Indians. Here he spent some time in- an Indian camp on the east side of Lake Monona, opposite the capitol, and this he then resolved upon as his future home. After a short visit to Philadelphia, he returned, and, as soon as the lands came into market, made considera- ble purchases in this neighborhood, and settled at Madison very soon after it was fixed upon as the capital of the Territory, and was elected the first President of the incorporated village. In 1841, he was appointed United States District Attorney for the Territory, which office he held four years. He was appointed to the same office, by Mr. Polk, in 1848. In the spring of 1849, he took the overland route to California, through the valley of the Gila, and landed at San Diego. He subsequently removed to San Francisco, where he practiced law with success, until he was appointed to the office of Collector of the Port of Sacramento by Mr. Buchanan. Mr. Sutherland died of congestion of the lungs, leaving a wife and one child. In his private relations, he was a noble, generous-hearted man, highly esteemed by every one. ' John Stonee. Mr. Stoner was born in Washington County, Md., on the 25th day of December, 1791. When a child, he was taken to Adams County, Penn. ; from this place he went to New York City, and soon afterward to Bufifalo, when that place was comparatively new. The family, leaving Buffalo, settled at Fairport, five miles east of Willoughby, on the lake shore. Here his father died, when, with his mother, he returned to Pennsylvania, and learned the cabinet-makmg trade. Soon after, the war of 1812 broke out, when he enlisted as a private, and at the close of the term of his enlistment he was discharged. He then went to Ohio, was married, and settled in Euclid, eight miles east of Cleveland, where he resided twenty-five years. With a small puce of land, upon which he grew his bread, and working industriously at his trade, he managed to obtain quite a competency for those days, but, his family increasing faster than his dollars and his acres, he was obliged to seek for a wider range for his field of labors, and conceived the idea of seeking a new home in the then " Far-off West." Husbanding his means, a portion of which he invested in a span of horses and a wagon, he started, with his wife and a family of seven children, for Madison, the capital of the then Terri- tory of Wisconsin, and after a tedious journey of just four weeks, through a new and almost ^^/:e^^ SUN PRAIRI E. HISTOKT OF DANE COUNTY. 525 wilderness country, reached his destination on the 6th of September, 1837. His wagon was about the first that came from Janesville to Madison. Janesville then contained but one solitary log cabin, and was occupied by Janes himself The course to the capital was marked by blazed trees a party of Government surveyors having just before run a line between the two points. Mr. Stoner found but three or four log cabins in Madison. Aside from women and chil- dren (few, indeed), the population of the place consisted of but twenty-five or thirty persons, most of whom were employed as laborers on the capitol. Milwaukee and Galena were the points from which provisions must be obtained, and, as the wife and babies had not learned to live without food, Mr. Stoner was obliged to procure it. He concluded to go to Galena, and on foot he started. At the head of Lake Mendota, where the village of Pheasant Branch now is, he struck the military road which led off into the lead mines, and from there he found a wagon track to Galena. Arrived there, he purchased a yoke of oxen and a wagon, and his provisions. Pork was $36 a barrel ; butter, $1 a pound ; sugar, 75 cents ; and everything else in proportion. Returning to Madison he was caught in a heavy fall of snow. When the storm abated, the snow was so heavy that he was unable to travel, and he camped several days and nights, subsisting himself and team as best he could. On reaching home he found a new-born son, which was the first male child born in Madison, and which he at once christened " Madison," in honor of the place. In 1838, he entered 240 acres of land on what is now called " Stoner's Prairie," a few miles southwest of Madison, in the presedt town of Fitchburg, the prairie taking his name. Leaving his family in town, in order that his children might have the benefit of a school, he kept "bach" on this farm, more or less, for seventeen years ; the first few years his land was without fences, he being annoyed only by deer and wild geese. Finally he sold his farm for |15 per acre ; within a year thereafter the same land was worth $50. In the spring of 1863, his faithful wife, who had shared his pioneer life, died. His family having grown up, he felt alone in the world. Restless and uneasy, the pioneer spirit revived, and, taking his old sorrel mare, which he had owned when a colt twenty-two years before, and his only grandson, a lad of fourteen summers, he set out for Colorado Territory, where his son Madison had made a home four or five years before. The next year he returned to the " States," going back the same season — coming and returning with the old mare. In 1865, he came again to Madison, returning the same year, after visiting Ohio. He had two daughters, who were mar- ried, but they died a few years after, of consumption, as well as two unmarried daughters. His son, George W. Stoner, is still a resident of Madison. Mr. Stoner was a good man, honored and respected by every one. On the 11th of January, 1872, he died at his residence in Madison, in his 80th year. Alexander Botkin. Alexander Botkin was born in Kentucky, in 1801. At an early age he removed to Ohio, and from thence to Alton, 111., in 1832. He was a Justice of the Peace at the time of the Love- joy riots, and took an active part to preserve law and order. He came to Madison, Wis., in 1841, as Assistant Secretary of State under the Territory, and was for awhile a law partner of Alexan- der P. Field. He was a member of the Territorial House of Representatives of 1847-48 ; was a State Senator in 1849-50, and a member of the Assembly in 1852. He was a candidate for the First Constitutional Convention of 1846, but was defeated by John Y. Smith, and was voted for by the Whigs in 1849, for United States Senator, against Isaac P. Walker. He died sud- denly at Sun Prairie, March 5, 1857, aged fifty-six years. In the fall of 1847, Botkin, who, by the way, was a great practical joker, was a candidate ibr the Territorial House of Representatives. He was a Whig, and his competitor resided in Marquette County. It was agreed that they would jointly canvass the district ; hence, they were to hold a joint discussion at Baraboo. Public notice having been given, nearly all the inhabit- ants turned out, so that Mrs. Peck's hall was well filled. By agreement, it was Botkin's priv- h^ *k°^^° ^^^ discussion. He commenced by complimenting the intelligence of his auditors, whom he flattered up to the highest notch, and in eloquent and glowing terms, eulogized the 526 HISTORY OF DANE COUNTY. beautiful valley of the Baraboo, dwelling on its magnificent advantages, its water-power itg great manufacturing privileges, its romantic scenery, its productive soil. Then he paused and at length exclaimed : " One thing you especially need, and you are justly entitled to it; and that is, a good road over the bluffs. How can you procure it ? How can that most desirable end be attained ? I will tell you how ! If, through your sufferance, I have the honor to repre- sent you in the Territorial Council, send me your petition to organize a company for the purpose of macadamizing the highway over the bluffs. You don't desire to subject the inhabitants of Sauk Prairie to pay toll on the way to your mills, nor persons coming to transact business at the county seat. Hence, I shall endeavor to get an appropriation from the -Territorial treasury to macadamize that road." Of course, cheers rolled up for Botkin. His competitor hemmed and hawed, and assured them if .they voted for him, he would do all for them that Botkin could do or had promised to do. The meeting closed with a speech from William Welch, of Madison. Then Jim Badger struck up on the violin, many joined in the dance, and did not go home till morning. The next discussion between these two gentlemen was at Prairie du Sac. Botkin's competitor led off, and he thought he would take all the wind out of his antagonist's sails. He started in, deprecating their condition, being shut out from communication with the beautiful val- ley of the Baraboo, and having to pass over such a miserable, dangerous road. If he should be elected, he would put a bill through the Legislature appropriating a sum toward macadamizing the bluffs. At that time, Prairie du Sac was smarting under the removal of the county seat, and hoped to get it back again ; hence, anything that would contribute to the advancement of Baraboo, Prairie du Sac was decidedly opposed to. Botkin rejoined ; " Fellow-citizens : I am astonished at the diabolical proposition made by the gentleman. What is it that he proposes ? Why, that you shall be taxed to build up a town in a barren, worthless, rocky, stone-bound region, where there is no town, nor never ought to be one ! When I look upon your beautiful, rich prairie, your magnificent river, the trade and business which must necessarily center here, I think with indignation of the proposition made by my opponent, that you should be taxed to help build up a competing town, where neither God nor any sensible man ever intended there should be one." Botkin was overwhelmingly elected. He carried both sides of the bluffs. He was in many respects a most peculiar man, and was well known to all who visited the State capital with any frequency through the last ten or twelve years before his death. He possessed an inexhaustible fund of anecdote and rough humor that made him an entertaining companion in he circles in which he moved. He frequented places of amusement, and was always ready to join in them — was occasionally seen at the dances and by the friendly card table — but never could be induced to violate his habits of the strictest abstinence. He had not received the benefits of a highly polished education, which sometimes caused him to make serious blunders in the use of language. Upon one Occasion, in the Senate, he proceeded to speak against some measure adopted by the opposition in secret caucus, protesting strongly against the secrecy which had characterized their proceeding, and said, " Mr. President, we want a fair fight. We don't want to go crawling around in the brush about this measure ; but we want action on it to be sub rosa and above board." Upon another occasion, in. one of the Justices' Courts of the county, he was arguing some question of law or fact, and attempted to quote lago, as follows : " He who steals my purse steals trash ;-but he who filches me of my good name, steals that which not enriches him, and makes me — gentlemen of the jury — makes me feel — disagreeable." A laughable anecdote is told of his electioneering tours. He called upon a Norwegian family, for he was an accomplished master of electioneering arts. He was invited to eat, and at once accepted the invitation. Among other Norwegian delicacies provided was a quantify of pickled ripe cucumbers — yellow and plethoric, with their intestinal contents. They were urged upon the Colonel by his officious hostess until he could no longer refuse without hazaiding the vote of the head of the family. He at length attacked a monstrous specimen, and. with tears m his eyes, induced by the sharpness of the vinegar, and the contents of the enormous pickle run- ning out of both corners of his mouth and down his protuberant vest, insisted upon her -giving him a recipe for the picMes that he could carry home and get some more made like them. HISTORY OF DANE COUNTY. 627 The last convivial occasion at which he was seen was at a dinner, given by Mayor Fairchild to the Common Councils of Watertown and Madison, and those interested in the W. & M. R. R- H^ was then called out, and delighted all by his humorous accounts of his efforts as riffht-of-way agent to secure the best possible terms for the railroad. He related his system of doing his business with an unction and humor that were in the highest degree entertaining. Botkin had a good and manly heart. No acquaintance that he ever had in this State will charge him with a mean or dishonest act. His goodness of heart was as unbounded as his humor' he was everybody's friend ; "had no arts but manly arts;" and, if merit that received pubhc respect „ j^ hand open as day to melting charity " — the qualities that make a man generous, patient, honest, forgiving and good, constitute a gentle- man and a Christian, the subject of this sketch was both. Nathaniel Taylor Parkinson. Mr. Parkinson was born on the 25th day of September, 1815, in White County, West Tennessee, and was the second son of Daniel M. Parkinson, so long and well known in that county and State. In the year 1818, he came with his father and family to Madison County, 111., and lived a few years twenty-five miles east of St. Louis. In the year 1827, he came with his father to the Galena lead mines, amid the wild tumult and excitement incident upon the discovery and early occupation of that all-important mining district, where vice, corruption, and almost every species of immorality prevailed. Card- playing, horse-racing, drinking, quarreling and fighting were the common order of the times ; and, though he was but a stripling of a boy, without education, without experience, and without moral instruction or example, he steered his way clear and came out unscathed of all these vices and immoralities. He played no cards, run no horse-races, drank no whisky, fought no fights, nor quarreled with those with whom he came in contact, but lived in peace and friendship with all. In the winter of 1828, without the influence and promptings of temperance efforts, he became fully impressed with the terrible effects and pernicious consequences of whisky-drinkin;:, and resolved never to drink any strong drink, which resolution he most faithfully maintained until the day of his death, never drinking a drop unless prescribed as a medicine. In the year 1837, he removed to Madison, the new seat of Territorial Government, when he was appointed by Henry Dodge (then Governor of the Territory of Wisconsin), Sheriff of Dane County, which oflSce he filled most acceptably for three years. In 1841, he was married to Miss Louisa M. Briggs, of Jefferson County, Wis., and imme- diately upon this event he returned to his farm on Duke's Prairie, the same farm which he and his elder brother Peter commenced malting in 1832, and on which they afterward lived for many years, when Nathaniel removed to the farm on which he died, it being the old homestead of his father. While making a living on the Duke's Prairie farm, he and his brother Peter lived together and kept bachelor's hall for six years, the nearest woman (their mother)living five miles distant. By his first wife (Miss Briggs) he had four children, two of whom still survive — Frank E. Parkinson, Attorney at Law, Madison, Wis., and Mrs. Riley T. Scott, of Yellow Stone, Wis. On the 3d of August, 1851, he was married to Mrs. Ann Stursiker, of Willow Springs, of which marriage there were born seven children, six of whom still survive. n ^\°^" *^^ ^^^^ i^i^, he embraced Christianity, and united with the Methodist Episcopal Uuroh of layette, and was, from that time forward, one of its most zealous, persistent, straio;ht- torward and useful members. ", - ' o His house and his table were always free to the hungry and needy, i As a citizen, friend and neighbor, he stood in the front rank. He neither lawed nor wrangled with any one, but was patient and forgiving of others' faults and imperfections. 528 HISTOEY OF DANE COUNT!'. He was no politician or office-seeker, but his upright and judicious character often caused his friends to confer -public trust iipon him. He was, therefore, often Chairman of the Town Board, and, as such, a member of the County Board, rendering full satisfaction to his constitu- ents. His ability in these capacities induced his friends to seek his nomination as a candidate for the Legislature, but this nomination he informally declined, not desiring to leave his family. At the time of his death, he was, and for two years previous had been, President of the La Fayette County Agricultural Society. He was a member of the Board of Trustees that built the Methodist Church in the village of Fayette. He was a soldier in the Black Hawk war, under Dodge, and distinguished himself for bravery in the battle of Bad Axe. In matters of business, he was practical and judicious, not speculative or adventurous, fully content with the slow but sure success of farm pursuits, which he followed with quiet diligence, and, in the end, acquired a handsome competence. About three years previous to his death, he moved to the town of Willow Springs, on the old homestead of the family. There lived and died this good and just man. To his immediate family, his loss was irreparable. He was a kind and affectionate hus- band, a considerate and indulgent father, a generous and obliging brother. To the community at large, his loss could not well be estimated ; his usefulness was valua- ble in all the departments of life. He died at his residence, in the town of WillOw Springs, on the 7th day of January, 1879. James Moeeison, one of the early settlers of Madison, died December 23, 1860, aged sixty-one years. He was born in Kaskaskia, 111., September 30, 1799. His father, William Morrison, was a native of BucTiS County, Penn., and his mother was a French lady. In early life, Mr. Morrison was engaged with his father in the Rocky Mountain fur trade. He removed to Wisconsin in 1827, and his first business was a lead miner and smelter at Porter's Grove, near Dodgeville. He came to Madison in the spring of 1838, when he immediately engaged in business; was con- tractor for building the capitol ; in 1838, erected the American House, and was long a promi- nent citizen of Madison. He did not move his family there till near the close of 1839. He was Territorial Treasurer, under Doty's and Tallmadge's administrations, from 1841 to 1846. He was the owner of a large landed property in Wisconsin, Illinois, and St. Louis. He left a widow, who died at the residence of her grand-daughter, in California, August 28, 1866, aged sixty- six years, and three daughters — one, the Mrs. N. W. Dean, of Madison. The funeral took place December 26, 1860. Neely Gray was born in Virginia February 25, 1810 ; removed to Pennsylvania at a very early age, and by trade was a millwright. He was one of the very early settlers of Grant County, Wis., where he arrived April 4, 1835, and for many years was a prominent business man at Platteville. He was a member of the Territorial House of Representatives in 1841-42, and, in 1846, was elected to the Constitutional Convention from the county of Grant, and served in that body on the committee on corporations other than banking and municipal. He was inclined neither by habit nor 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 California, first removing his family to Madison, to which place he returned in 1852, and remained there during the balance of his life. He devoted his latter years to mercantile pursuits. Mr. Gray was of a kind-hearted, generous nature, of upright and honorable character, quiet and unassuming in manners, a stanch friend, a kind neighbor, and an honest man, pos- sessing many warm friends. He was patriotic, and took a lively interest in the war for the maintenance of the Union, which he aided by his voice and means, -and by sending his son, HISTORY or DANE COUNTY. 529 Henrv L. Gray, to fight in the ranks of the country's defenders. Mr. Gray discharged, in a highly creditable manner, the duties of all public positions he held, but was seldom willing to accept of political preferments. He was, for a time, a member of the County Board of Super- Tisors of Dane County. He was in all respects an excellent citizen, and highly esteemed in all the relations of life. He was married to Miss Adaline C. Starks in 1842. Their children are Henry L. Gray, married to Miss Nema Merrill ; Frank H. Gray, married to Fannie R. Robbins ; Ellen J. Gray, married to E. D. Pardee (of the firm of A. A. Pardee & Bro., druggists in Madison); and Arthur I. Gray. Mr. Gray died May 15, 1867 ; his widow, an estimable lady, still survives, and is a resi- dent of Madison. Benjamin Feanklin Hopkins was born in Hebron, Washington County, N. Y,, April 22, 1829. His early life was spent on a farm in Granville, in the same county. He received such an education as was afforded by the schools at his own home, and, though the opportunities were rather limited, he made excellent use of his time, and was deemed a good academic scholar. Farming was not to his liking ; though, being put to it in his boyhood, he was diligent and useful in this employment. His mind wiis too active for a farmer's life, and craved the more stimulating pursuits of the business world. For a time, he was clerk in a country store, and showed a wonderful aptitude for this posi- tion. While yet a youth, the telegraph was brought into use. This wonderful process by which persons communicate with each other from all parts of the country — of annihilating time and dis- tance, as it were — was captivating to young Hopkins, and he at once obtained a situation to receive instruction in the mysterious process of telegraphing. He soon became an accomplished opera- tor. Then, at the age of twenty, having read of the great and growing West, he became con- vinced that it presented an inviting field for the development and growth of the mind of a young man. In October, 1849, he came to Wisconsin. He had been attracted to Fond du Lac, having friends residing at that point, and made his first stop in the State at that place. He remained there but a short time, as, in November in that year, we find him in charge of the telegraph office at Madison, a place that presented unusual charms for him, and which was ever after- ward his home. As a resident of that place, Mr. Hopkins was ever foremost in promoting its best interests. He gave jto it the benefit of his counsel, was active in labor and liberal with his means in the advancement of any project having for its purpose the improvement of Madison, in adding to its business or to its beauty. The citizens of the capital city appreciate his valuable services and have great cause for lamenting his early deafh. His many acts of benevolence and kindness will be long remembered by her people. He acted nobly and well a citizen's duty, during his entire residence in Madison. 'Commencing his career is Wisconsin as a young man, without means and without friends, the complete success that attended Mr. Hopkins in his private as well as in his public life, gives conclusive evidence of his ability, shrewdness and keen foresight in all things. He began that career as an operator in a telegraph oflSce. In this position, as in all others in after life, he was accomplished in the execution of his work, attentive to every duty, gentlemanly and obliging to all with whom he came in contact. Previous to this time, the telegraph had proved very unsatisfactory to the people of Madison. On his taking charge oftlie iffice, a marked change took place. The business was performed promptly and well, and the iu'i\ operator soon became one of the most popular young men in the village. The business of the office was small, occupy- ing only a portion of the time of Mr. Hopkins. The salary was aliu .small. He was not long in discovering that he was able to accomplish more than merely to .itteml the duties of that posi- tion.^ Madison was then a small village ; but the keen perceptive faculties of Mr. Hopkins soon convinced him that it must become a place of considerable importance, and that real estate must increase in value. He economized in all things, and, as soon as he had accumulated a small 530 HISTORY OF DANE COUNTY amount of money, he invested it in lots or lands. There was an immediate advance, and Mr. Hopkins would sell when a good offer was made and invest the proceeds again. The first public enterprise with which Mr. Hopkins interested himself was the organization of the Madison Mutual Insurance Company. In the winter of 1851, he drew up the charter of that institution, procured its passage through the Legislature, and, in April of that year, the company was duly organized: with him as its Secretary. He served in this capacity five years, and was active in his efforts to promote the interests of the company, and establish for it a reputation for responsibility and promptness. In this, he succeeded in a most satis- factory manner. He was a Director and member of the Executive Committee of the company, from the day of its organization to the day of his death, and took a leading part in its manage- ment during the whole time. He was Vice President for six years, commencing with 1862. In 1855, he took an active interest in the incorporation of the Madison Gas Company. He procured the passage of its charter in the winter of that year, and the company was fully organized in the spring, with him as its Secretary. At the end of five years, he was the owner of most of its stock. Mr. Hopkins was not only a public-spirited man, but he was also a benevolent and kind-hearted man. He never turned a deaf ear to the wants of his fellows, but opened his purse liberally to the needy, as hundreds in the community can testify. In the matter of public improvements, and the building of churches and other institutions, he was a free giver. No subscription paper passed him without his name opposite a liberal sum of money. He was a patriotic man. At the commencement of the late rebellion, no man, in a private capacity, was more active in aiding to organize troops for the defense of the country, or more liberal, in proportion to his means, in the supplying of money in support of , the dear ones at home, than was the subject of this sketch. He did not enter the service, as it was the opinion of his physician that it would not be safe for him to do so. For many years previous to the war he had been a great sufferer from inflammatory rheumatism, and it was felt that he could do more good at home, without endangering his life. But he was not an inactive sup- porter of the Government in the time of its peril. He was constantly devising measures for the comfort of the soldiers and for their families at home. Perhaps the most pleasjng and satisfactory labor of his life, to himself, was performed immediately after the close of the war ; and certainly it has proved a great blessing to the State. I have reference to his efforts in establishing the " Soldiers' Orphans' Home." He took an early, active and leading part in this great benevolent institution, fraught with such un- told blessings to the orphan children of Wisconsin soldiers. The institution was put in operation, and Mr. Hopkins was a leading member of the Board of Trustees, from the commencement, so long as he lived. He was efficient in promoting its affairs, and took a lively interest in everything pertaining to this noblest of our State charities. He was a politician in its best and most enlarged sense. He was versed in the science of government and skilled in the execution of his plans. In early life, he belonged to the the great Whig party, and entered actively into the work of advancing its interests, and contin- ued to act with it so long as that party had an existence. On the organization of the Repub- lican pai'ty, he became identified with it, and, during the balance of his life, was one of its lead- ing members. His first political oflSce was that of Private Secretary to Gov. Bashford, in which position he served with marked ability and fidelitv, and to the great acceptance of the people, during the years 1856 and 1857. In the fall of 1861, he was elected to the State Senate, in which body he distinguished himself as a ready debater and as a legislator of great efficiency. He had no superior among his fellows in the Senate. In 1865, he was elected to the Assembly of Wiscon- sin. In both of these cases, he was elected in districts- where his party was in a large minority; but his popularity with the people was very great, and he was rarely defeated in a popular election. HISTOBY OF DANE COUNTY. 531 Mr. Hopkins was an ambitious man — ambitious to be of use to the world. His efforts were well matured and systematized. He first accumulated a fortune in private business, and then devoted himself to the public service. His ambition led him to seek place — not merely for the sake of place, but to enable him to do a greater good than could be accomplished without it. He was a man of wonderful tenacity of character, and, when he put his mind upon doing a thing, was not easily turned from his purpose. This characteristic was clearly demonstrated in his efforts to obtain a seat in Congress. He aspired to that position in 1862, but failed to reach it till 1866. Mr. Hopkins had just completed his first term in Congress and been re-elected when disease took a strong hold upon him. During the time he served in Congress, he stood high in the estimation of the members as a man of unusual sagacity and as possessing remarkable abilities. His greatest strength was in his superior knowledge of men. He made this his study, and was a very successful student. His manner was pleasing, and he readily won the esteem of all with whom he came in contact. This gave him immense power; and this power was manifest in the marked success that attended all his efforts. For the length of time he served in Con- gress, few men, if any, ever made a prouder or more successful record than did the subject of this imperfect sketch. Although cut off in the prime of life, and in the midst of his useful- ness, he leaves a name and fame that but few persons can hope to attain. As a public speaker, Mr. Hopkins was fluent and pleasing. His talent in this direction was natural. He was not an educated orator. It was only in the few latter years of his life that he made any effort in this direction. His progress, after he did commence, was very marked. In the campaign of 1868, he spoke in a large number of places in his district with decided success. In Congress, he made but few speeches ; though when he did address the House it was with 'good effect, and he received marked attention from the members. He was one of the youngest men in that body, but in influence stood among the first. He was affable and courteous to his associates ; a keen observer of events ; an accurate judge of men ; a warm and sincere friend. Socially, he occupied a high position. He was the life of all circles in which he partici- pated. Pleasing in manners, fluent in conversation, jovial in his nature, Mr. Hopkins was a brilliant ornament in the social walks of life. In personal appearance, Mr. Hopkins was a noble specimen of manly grace and elegance. In height, he was about five feet and ten inches, erect in form, dark hair and complexion, with large, expressive eyes. Until within a few months of his death, his appearance indicated the most perfect health. Mr. Hopkins was twice married. His first wife was Miss Ethalinda Lewis, with whom he was united on the 25th day of May, 1853. She died in about two years after marriage. His second wife was Miss Mary E. Willcutt, whom he married on the 14th day of September, 1857. He left no children. He enjoyed home, and provided liberally for its pleasures and its comforts. At the close of the first session of the Forty-first Congress, in the spring of 1869, Mr. Hopkins returned to his home in Wisconsin with his health much impaired. His condition was not deemed alarming, either to himself or his friends. Being a member of the Committee on "•'^fio^^jlroads in the House, he was permitted to pass over that road, then recently finished, to the Pacific Coast, with a limited number of friends of his own selection ; and during the summer he made up a party of some thirty chosen compEinions and took the trip to San Fran- cisco, visiting many prominent points on the way and in various parts of California. The journey was performed in considerable haste, and, in his enfeebled condition of health, was too " t ? V™ '° endure; and, although one of the objects of his taking it was for the improve- ment of his health, the reverse was probably the effect from it. Soon after his return from V^alilornia, business called him to Washington, from which place, in the month of September, ne returned very much prostrated. He immediately put himself under medical treatment, and, a time, his fnends had entire confidence in his recovery to perfect health. 632 HISTORY OF DAJSTE COUNTY. He was confident that he would be able to resume his seat in Congress during the month of December. Soon after this, he experienced a relapse, and one side became partially para- lyzed. There was a slight rallying 'from this prostration, but only sufficient to kindle a hope in the minds of his friends to be immediately blasted. The best of medical skill and the kindest attention that friends and relatives could bestow were of no avail. Death had marked him as an early victim, and no human power could save him. He died January 1, 1870. JAIETJS CASSITJS FAIRCHILD was born in one of the northern towns of New York on the 27th of December, 1801. A younger son of a large family, he might have remained there but for the loss of his mother at an early age. As he used laughingly to express it, he " found he could not govern his step-mother," and so, at eleven years, he started out to seek his fortune. Probably, among the hardy pioneers of the time, this did not seem so doubtful a venture as it might now do. It must be added that the same step-mother afterward paid him a visit at his home in Ohio, and received most affectionate attention from himself and his wife, to whose children she became much attached. Unfortunately, there is no clear record of these early years, full of adventure and of persevering effort. Doubt- less a most entertaining book might be made of them, if any friend could clearly recall the stories he has related of scenes through which he passed. He recollected vividly the news of the attack on Sackett's Harbor, brought by a man mounted on a horse detached from the plow, who, seeing a fresher one standing harnessed at his father's door, threw himself from one te the other, and continued his journey over hill and dale to warn the people of the approaching enemy. Fifteen months would cover all the time spent in schools. But he was a careful obser- ver, with retentive memory ; and, whether he earned his bread at the weaver's loom, or by business journeys through the country, on both sides the River St. Lawrence and Lake Ontario, he laid up stores of practical knowledge which made him a cyclopaedia for those who sought information from him in later years. An indefatigable and critical reader, nothing came amiss to his inquiring, thoughtful mind ; and, even at this early period, he had reasoned and drawn conclusions upon subjects not specu- lated upon by his companions ; and theories now commonly received were reached by him alone and unaided. One fact, unimportant in itself, shows a marked character and capacity. He always rose late. Entering upon any employment, this fact was always mentioned by him, and the hope expressed that he should make himself so valuable after he was up as to make up for the loss of time. One smiles to think of the young boy thus frankly dictating terms to his mas- ters, expressing a hope that he might overcome his tendency, but, if it proved impossible, asking consideration — a consideration which was never denied. This is mentioned, not as a good precedent, but only as showing a characteristic. At twenty-one we find him, with an elder brother, Marcus Brutus, entermg Ohio in search of a permanent home. They separated at Cleveland, agreeing to meet there at a certain time, and report progress. But the brother never returned ; and, after weary and anxious waiting, the subject of this sketch entered upon an engagement with Owen Brown, the father of that John Brown whose devotion to the cause of Anti-slavery and raid into Virginia have given him so wonderful a place in the history of our country. .This Owen Brown was a remarkable man : a volume might be written of his sayings, full of wit, and of keen, shrewd good sense. An indus- trious and prosperous man, he stood high among his fellows, and was a valuable friend to a young man starting in life. Among his other enterprises he had a tannery, and taught the young man this trade ; ana soon after John Brown and Mr. Fairchild became partners in the business. But John Brown-- stern, unbending, a man of " one idea," the stuff of which martyrs are made — grand and sub- lime though he be in history, was not the most suave and agreeable companion one could find for social relations ; and this arrangement was very brief, though a friendship continued. For when, some years later, John lost his wife, the fact was announced in a letter to his former part- ner, beginning, " My good, faithful, obedient wife, Diantha, is dead." HISTORY OF DANE COUNTY. 533 About this time, Mr. Fairchild met with Sally Blair," a handsome, energetic daughter of New England, of Scotch-Irish descent, gifted with Scotch persistency and Irish kindliness. One brief meeting left upon each so strong an impression, that the acquaintance was voluntarily renewed; and a few months later, in the spring of 1826, he brought his bride home to Franklin Mills (now Kent), Ohio, where they lived in a loghouse a year, till their own house was built. After all his wanderings and struggles, we find the homeless, self-instructed boy anchored by his " ain fireside." Here four children were born, and one laid under the sod. He built a brick store, now pointed out as the first brick building ever erected in the town. Very small it looks • but it was regarded with no contempt then. No success or position of later years was brighter or more beautiful than these few years passed by him in the thriving little village, as the proprietor of a large tannery, of " the store," and his own cottage close by it, a Justice of the Peace, and known as "the Squire" in all the neighboring counties. He was an active temperance man. So prevalent was drunkenness at this time that nothing short of total absti- nence could remedy the evil. Tobacco and stimulants in all forms were fought against with all his youthful vigor ; and not till near his fiftieth year did he, by the advice of several physicians, adopt the occasional use of them. This period, uneventful in a written history, aflForded time for maturing and assimilating the experiences and observations of his previous years ; for reading law, in order that he might faithfully and justly act as " Squire ;" for investigating financial and political questions to fit him for business and citizenship. But to him personally this was a period of intense interest. His busy days were followed by sleepless nights of study of the Bible, and thoughtful talks with his clergyman and others. An active and prayerful church-member, his views of Christian duty were extreme and vigorous ; and though these most conscientious strug- gles resulted in a positive rejection of the miraculous claims of theology, they gave an enviable familiarity with the teachings and spirit of the Founder of Christianity, and a steadfast faith in the wisdom of the command to " do justly, love mercy and walk humbly with God." During all these years, one of the delightful domestic events was the frequent visits of his good old friend Owen Brown, whose affection extended to the wife and children, and whose habit of frightful stammering only added a charm to the keen wit and kindly good-humor which made him a delight to children as well as to the older Ones. In 1834, he removed to Cleveland — then rushing on in the full tide of speculation — just in time to be stranded hy the tidal wave of 1837, which wrecked so many imaginary millionaires. His little brood, incapable of comprehending the prosperity, were taught by this adversity that opportunities for education were to be made the most of; and much of the sons' perseverance, and faithful performance of small duties, may have been unconsciously derived from their father's humbhng experiences in this " crash." While engaged in the wearisome and mortifying busi- ness of adjusting these affairs, there came to him, unexpectedly, a position in the secret service of the Government, which gave him active employment and means of subsistence during the period in which his hands were tied by his embarrassments. It also afforded him an opportunity to choose a home wherein he should start anew. One dreary March day, driving against a biting north wind, in the year 1846, he arrived in Madison, Wis. ; and, after a stay of less than twenty-four hours, he wrote to his wife in Cleve- land that he had found the place wherein he should live and die. This active, far-seeing help- meet was ready for the summons, and, bringing children and household goods, joined him in Milwaukee. Driving two and a half days over green prairies and through "oak openings," where shadows danced upon a brilliant carpet of flowers, they reached Madison June 8, 1846. ihe First Constitutional Convention, occurring this year, not only brought most of the lead- mg men of the State together in Madison, but made political questions the subject of every-day common conversation. Into these he threw himself with eager interest ; and, though some of the progressive measures most pleasing to him led to the rejection of the constitution by the people, he lived to see most of them adopted by the State. 5Bi HISTOKY or DANE COUNTY. He had been a Henry Clay Whig, a " stump " speaker during the campaign which elected Harrison ; and was one of the few who sustained John Tyler in his course after the death of the President brought him to the head of the administration. Perhaps it was not so much that he agreed with him in the abstract as that he claimed for him the right to carry out the principles he had always held, and his known advocacy of which had given strength to the efforts which resulted in the triumph of the party. So few were the Tyler men that they were known as the " corporal's guard " — a sobriquet cheerfully accepted by himself and others. This state of things naturally drifted him with the Democrats ; and he was elected State Treasurer at the first State election, on the Democratic ticket, at the head of which was Gov. Dawey, and was elected to the same office, for a second term, in 1849. In 1851, and again in 1853, he was pressed by his friends for the Democratic nomination for Governor, and on the second occasion lacked only two votes of the number required to confer the nomination. He was the only State officer who kept house in Madison ; and his own and his wife's unfailing hospitality made their simple, unpretending home a delightful social center, and familiarly known to all whose business or tastes brought them to the City of the Lakes. Per- haps in this way, more than in any public positions, was their united influence exercised in the rapidly-increasing community. All his efforts went to develop the resources of his own vicinity, and to advance the interests of his neighbors. If he gained a little money, instead of seeking some safe investment, where he could profit by the industry of others, he put it into improve- ments of the town or State. Immediately upon his arrival in Madison, he set about getting a home for life. His first step was to buy a saw-mill in the pinery ; and, running his own lumber down to Prairie du Sac, he had it hauled by teams, twenty-five miles, to Madison. Then there was no brick. The beautiful stone now easily procured, was then inaccessible : so he started a brick-yard, and made enough brick for all his own buildings, and to go far toward paying for the other materials used. These things being ready, the architect who was to have taken charge failed, and so he completed the job by giving his own daily personal attention to the details of the work to the end. A home gained under such difficulties and enriched by memories of years of hospitality is not to be bought with mere money. While he was a State officer, he became intimately acquainted with the whole State, through his ex officio connection with the Commissioners for the Care of Schools and University Lands ; and, though he was strongly averse to much they were obliged to do, considering it a waste or misuse of a nobis endowment, yet he enjoyed giving his time and strength to the work, and was faithful and efficient in efforts to avert evils, and accomplish good. Not much is it to tell — the first State Treasurer in a new State, the first Mayor in a very small city, the builder of an unassuming home and of other modest buildings. But his influence was widely felt in his day ; and who shall say where it will end ? He could not sleep comfort- ably in his bed if he knew others to be homeless and suffering. He was foremost in every public work. No widow or orphan was ever turned away till his best thought and kindest aid had been given. No man, not even the worthless, ever appealed to his friendship in vain. He felt that want of success often stamped a man as worthless among his fellows ; and the unfortunate was sure of his aid. At one time his banker refused to accept his name as an indorser, giving, as a reason, that his name was on two-thirds of the paper in Dane County. Of course he had losses ; of course he a very few times aided scamps ; of course he had no millions to divide among his children. It is not a good example to follow to that extent. And yet who would not prefer the troubles and embarrassments brought on by such a life, to those attending a selfish life ? • He had a powerful frame, a large, intellectual head, fine features, a fair complexion, and bright auburn, curling hair. His physical strength was enormous. At one time, when a spirited horse which he was driving, frenzied by fright, had started to run, he stopped him by main strength, nearly pulling him back into the buggy. Though genial in his ways, and under habitual self-control, his passions were strong ; and his keen sense of honor led him to quick resentment of any attack upon his character. The first year of his residence in Madison, he HISTORY OF DANE COUNTY. 535 walked steadily into a printing office, and, with his own unaided arm, broke up a newspaper form upon the press, then printing false words derogatory to him. This strength and self-reliance in his personal appearance made the feebleness and loss of sight of his last months peculiarly touching. His life went out in darkness. The war came. He had foreseen it with deepest pain. He was of those who thought that the election of Douglas over Lincoln would have averted it for the time, possibly would have shifted it along until diiferent circumstances had quietly accomplished the end which came only through blood and anguish. But when the call for men came and his son Lucius was one of the first five in the State to enlist to serve in any capacity required, he made no objection. It was his country ; and the Union was essential to his idea of it. And when Cassius, returning from the wilds of the pinery to find the country aflame with the war-spirit, added his name to the already tremendous list, he gave no sigh. He expected, as a matter of course, if there was work to be done, all his boys would do it. And though great tears rolled down his cheeks, already thin and pallid at the rapid approach of death, those pre- cious lives were never recalled, even to comfort his la'st days. The fortunes of war sent his eldest son, Cassius, back on a stretcher, with a ball in his thigh, to occupy an adjoining bed- room during his father's last days, and, with his mother and sister, to follow, on crutches, the revered form to its last resting-place. But with all the sense of personal loss, with all the frightful sense of danger to his eldest son in the Western Army, his second in the Army of the Potomac, and his third son and youngest child in the navy, now on guard below Richmond, in James River, and then participating in the siege of Charleston, his great grief, his really first thought, was for his country — the fear that peace had fled from it for a long time, if not forever. No victories came to cheer his last days. With failing strength, and nearly extinguished sight, he went out in the darkest days" of the war, just when defeat after defeat had begun to teach our armies how large a task had been undertaken. He died July 18, 1862. Cassius Paibohild was born at Franklin Mills, now Kent, Ohio, December 16, 1829. He was the second son of Sally Blair and J. C. Fairchild, first Treasurer of the State of Wisconsin, first Mayor of the city of Madison, and a gentleman of fine ability, high character, and great prominence in the early history of the State. His mother's grandfather, Capt. George Howard, died in the service of his country just before the close of the Revolutionary war. He had been in Nova Scotia, most prosperously situated, at the declaration of independence, and, sacrificing all his property, had hastened home to fight for his country. His mother's other grandfather, Blair, had also served with honor in the French and Indian war. The elder son died early ; and the family removed to Cleveland, in 1834, where Cassius received his education, with the exception of one year spent at an academy in Twinsburg, Ohio, and a longer period, later, at the school which afterward became Carroll College, in Waukesha, Wis. He learned slowly, but had an accurate and retentive memory. Fond of fun, he had yet caution and self-control, so that he never got into difficulties. At fourteen, he came to Milwaukee with his uncle, F. J. Blair ; and after his return to Cleveland, by most urgent entreaties, he obtained permission from his parents to go all the way back to Milwaukee on horseback, in company with a young man well known to them. Ihis first taste of adventure was enjoyed by him with a keen relish, and made him feel himself a man at once. Vf . ^,'*^'^ "'J''^^ i° Milwaukee, in school at Waukesha, in the duties and pleasures of home me m his father's house in Madison, with an occasional business visit to New York City, his life passed smoothly on, with no more startling incident than his repeated election as Alderman (one year ftesident of the Common Council), and an election, in 1859, as member of the Legislature from the city of Madison. he ■ .","° P'^®™'^% known to most acquaintances merely as a young gentleman in society, IS said to have possessed at this time an unusual keenness and discrimination as to men, and 536 HISTOKY OF DANE COUNTY. to have so won their respect as to wield a controlling influence over many of his seniors in years and experience. At about this time, little knowing for what they prepared themselves, some young gentle- men of the city formed a military company called the Governor's Guard. So rare was even the smallest knowledge of military tactics in the State, that nearly every member of this compaQv took high rank, and served with distinction during the war. Among its most indefatigable members were the brothers Cassius and Lucius Fairchild. At the breaking-out of the war, Cassius was in the wilds of the Northern Pineries, attend- ing, with patience and tact, to a most wearying and vexatious business, in which misplaced con- fidence and kindness had involved his father. Immediately after his return home, he offered his services to the Governor, and in October, 1861, was appointed Major of the Sixteenth Wiscon- sin Infantry. In December following, he was promoted to the oflBce of Lieutenant Colonel. At the battle of Shiloh, a ball entered his thigh, so close to the hip-joint, that amputation was impos- sible, and all tampering dangerous. By the almost superhuman exertions of his father's friend, Judge Thomas Hood, who went for him, he was brought home on a stretcher, down the Tennes- see and the Ohio, and up the Mississippi to Prairie du Chien. During the eight months of emaciation and suffering, the ball and seven pieces of his clothing remained in the wound, baflding the search of a score of surgeons. Through all this suffering and anxious suspense, his cheerful courage and ever-flowing wit made his bedside a delight to his friends. The melan- choly satisfaction of witnessing the last days of a revered and beloved father, and of sustaining his mother and sister through the bereavement, were secured to him by his prolonged suffering. The ball was found by Dr. Brainard, in December, and the foreign substances removed; but they had remained so long embedded in the bone that a new formation of bone had grown over them, and the consequent irritation was very slow to heal. He returned to the field and active service in May, while his wound still required dressing twice a day ; and twice during the suc- ceeding campaign he received injuries which opened his wound, and prostrated him upon a sick bed. During the siege of Vicksburg, the lamented Gen. McPherson was his kind and constant friend ; and Gens. Force, Belknap and others of his companions remember him with expres- sions of affectionate respect. In March, 1864, he was appointed Colonel. His regiment, belonged to the Seventeenth Army Corps, which achieved such a noble record at Atlanta and in Sherman's march to the sea. He remained in the service to the close of the war, and, upon being mustered out, was brevetted Brigadier General for gallantry. In the summer of 1866, he was appointed United States Marshal, and again removed to the city of Milwaukee, where he resided till he received a strain while acting as pall-bearer at the funeral of a friend, which caused the breaking-open of his wound, with fatal results. He died October 24, 1868. He left two brothers — Lucius Fairchild, then Governor of the State, and Charles Fairchild, of Boston, who had also served in the navy during the blockade of James River, and participated in the siege of Charleston. He also left one sister and a widow, to whom he had been married ten days before his death. He is interred in Madison. Levi Bakeb Vilas was born in Sterling, Lamoille Co., Vt., February 25, 1811. He received an academic educa- tion and a partial course in college. He studied law and was admitted to practice at the bar jn his native State in 1833. He at once entered into an extensive and lucrative practice, and soon ranked among the ablest and most successful lawyers in the State. In 1834, he was appointed Postmaster at Morrisville, Vt., but held the position only a short time, as he soon after settled ' in Johnson, in that State. From this town he was elected a member of the Constitutional Con- vention in 1835, and he represented the town in the Legislature in 1836 and 1837, and was in the latter year elected one of the Commissioners of the Deaf and Dumband Blind Institute of Vermont. During the same time, he held the office of Register in Probate. In 1838, he removed to Chelsea, and HISTORY OF DANE COUNTY. -'^37 represented that town in the Legislature in 1840, 1841 and 1842, and was, in each of these years, the Democratic candidate for Speaker. He served on the Judiciary Committee all the time, and the last year was its Chairman. In 1844, he was the Democratic candidate for Congress, his Whig opponent being the late Jacob CoUamer. In 1845 and 1846, he served in the State • Senate and was unanimously elected President pro tern, of that body, which consisted of twenty- three Whif's and seven Democrats, though he belonged to the minority party. He held the office of Probate Judge in Orange County for three years. In 1848, he was the candidate of his party for United States Senator against William Upham. In the same year, he was a candidate for Presidential Elector, and was also a delegate to the Baltimore Convention. He was a mem- ber of the Constitutional Convention of Vermont in 1850, and was the Democratic candidate for President of that body. Such was the public xiareer of Judge Vilas in his native State prior to the age of forty years. He had occupied many years in public life, but had given such attention to his professional work as to become distinguished at the bar, and had accumulated a respect- able fortune. His success was such as is achieved by but few men in any State. In 1851, Judge Vilas removed with his family from Vermont and settled in Madison. In the first few years of his residence in Madison, he devoted attention to the practice of his profes- sion, but he gave it up several years ago, having accumulated a competency ; but it was among his regrets that he retired so early from active life in his chosen profession, one which he loved so well and in which he had been so eminently successful. He represented the capital district in the Assembly in the years 1855, 1868 and 1873. He was elected Mayor of Madison in 1862. He was appointed by Gov. Salomon Draft Commissioner in 1862 ; was Regent of the University twelve years ; was the Democratic candidate for Secretary of State in 1865, and for Speaker of the Assembly in 1873. In 1878, Judge Vilas was a prominent candidate in the Democratic convention for the nomination for Governor. These- are the prominent positions he has held since bis residence in Wisconsin, and he ever discharged his official duties with fidelity to the interests of the State and with distinguished ability. He was a strong friend of education generally, and he illustrated this friendship in his own works for the State University. Five sons were graduates of this institution. In the University he took great pride, and was instrumental in rendering it efficient aid in many ways. He was also a valuable and working friend of agriculture, having done honorable service for many years as a member of the Executive Committee of the State Agricultural Society. He has rendered the State excellent service in many capacities. In the death of Judge Vilas, Madison lost an enterprising and influential citizen — one who was ever alive in advancing the interests of the city in which his Western home was located. His zeal in promoting every city improvement never flagged, and big labors have been efiective in the procurement of many things that have resulted in the advancement of Madison. In 1837, Judge Vilas was married to Miss Esther G. Smilie, daughter of the Hon. Nathan Smilie, of Cambridge, Vt. This union was one of long duration, and a happy one. It was blessed with ten children — nine sons and one daughter — five of whom, with the mother and wife, survive the father and husband. The four sons that now survive their .father are an honor to their parents ; three lawyers and one physician, all occupying prominent positions in their pro- fession. Two (William F. and Edward P.) are lawyers in Madison ; Levi M. is located at Eau Claire, and Charles H.is an eminent physician in Chic&go. Both houses of the Legislature took proper action in the passage of resolutions of respect ^ to the memory of the honored deceased. The flag on the capitol floated at half-mast during the day of his death. He died February 6, 1879. John Y. Smith. John Y. Smith was born near Evans' Mills, a small village in the town of Le Ray, JefFer- '"" ■' r^" ^■' February 10, 1807. His father was Peter Smith, an Irishman by birth, who catae to this country as a soldier in the army of Gen. Burgoyne, and, after his captivity, deter- mmed to remam and become a resident of the country. He was married twice, his second wife 538 HISTOKY OF DANE COUNTY. being a niece of Gen. Ethan Allen. She died, when her son, the subject of this sketch tos about six years of age. A year afterward, his father removed to New Hartford, Oneida Co. N. Y. His circumstances were such that he decided to find places for his children, and break up housekeeping. He himself went to live with his oldest son, Edward, then about twenty-four years of age. His son, John Y., was sent to work in the cotton factory established in that place. He soon after went to live with a farmer, with whom he remained four years, and while with him and about eight years of age, he was kicked by a horse, which fractured his skull and displaced one eye. This injury nearly cost him his life. His employer was a tyrant, and the lad while with him was the victim of much ill usage. After this, he learned the carpenter's trade, reaching his majority and completing his apprenticeship about the same time. Prom these circumstances it will be apparent that his advantages for education were very limited. His literary training was not received at the schools to any considerable extent, but chiefly in a struggle for life, and under the influence of comparatively few books that he read ; but the train- ing was none the less real, as he made it a practice to study and patiently digest what engaged his attention, eschewing all light and frivolous publications. The writings of Milton, Younc, Thompson and Wordsworth in poetry, Edwards and Butler in theology, Isaac Taylor in the field of speculative thought, and Say, Mill and De Quincey in political economy, were his favorite authors. Grammar he never studied, and he used to say that the only rule of it he knew was the one laid down in the book of Job, xxxiv, 3, " For the ear trieth words as the mouth tasteth meat." Soon after finishing his apprenticeship, he made preparations to move to the West, fle engaged himself to go with a missionary to the Stockbridge Indians, near Green Bay, to erect or work upon the mission buildings. His employer paid his passage, and advanced him |20 to purchase a set of bench tools. He left Utica, N. Y., on a line boat on the Erie Canal, with f 1.25 in his pocket. In about eight day's, he arrived at Buffalo, then a village of limited pre- tensions, and took passage on a small schooner, the "Lady of the Lake," of seventy tons bur- then, and in about four weeks landed safely at Green Bay, on May 18, 1828. His first employ- ment was on the mission house near that place, and afterward at Kaukana, among the Stock- bridges. He built the second frame house and the first flouring-mill in Wisconsin. After passing a year at Green Bay, he determined to return homeward. He was as far as Mackinaw, but after staying there three months, decided to return to Wisconsin — or Michigan Territory, as it was then called — intending to make Green Bay his permanent home. On September 27, 1832, while residing at the Bay, he married Anna Weed Kellogg, daughter of James and Martha C. Kellogg, of Northfield, Conn., who was at that time a missionary teacher to the Stockbridges. This lady died March 3, 1847, leaving one son, Hayden K. Smith. In the year 1833 and the year following, in company with Asa Sherman, he erected a mill on the public lands near the present city of Green Bay, and a dwelling-house, occupied by them until the Government sale of 1835. Under the pre-emption law of 1834, they selected the quarter-section thus occupied, and each party was allowed a " float," as it was called — the right to enter at Government price, eighty acres anywhere in the land district. Mr. Sherman's "float " was purchased by Morgan L. Martin, and located in what now is the center of the city of Milwaukee. The court house stands upon its site. Mr. Smith located his " float " in Mil- waukee, west of the river and north of Spring street, and it embraced parts of what are now the Second and Fourth Wards. He retained for a long time an undivided half-interest, having dis- posed of the remainder. The rise of property soon after, greatly improved his pecuniary cir- cumstances. In 1837, he removed to that city, where he remained nearly ^hree years ; a portion of this time working at his trade, and also in cultivating a small farm in the vicinity. In 1839, be removed to a farm about three miles from Waukesha, then known as Prairieville. In the wmter of 1840-41, he fell, while chopping in the woods, and sustained an injury in the back which confined him to his house for a number of weeks. His recovery was slow ; it was several years before he could perform hard physical labor. It was supposed his spine was permanently injured. This accident strongly influenced his subsequent career, and seemed to render it necessary lor him to engage in a somewhat less laborious occupation. HISTORY OF DANE COUNTY. 539 He first visited Madison early in 1842, in company with Rev. J. E. Quaw, a Dutch Re- formed clergyman. The Legislature of the Territory in joint convention, February 18, elected him Commissioner of Public Buildings ; and at the succeeding session, in 1843, he was, on the 24th of March, elected Superintendent of Public Property, the former office of Commissioner- ship having been abolished. The old capitol was completed, or nearly so, under his superin- tendence, he doing much of the finer work with his own hands. In July of that year, he removed his family to Madison, and, in 1846, erected a dwelling- house, still standing, on the corner of Carroll and Clymer streets, where he made his home until he removed to his farm, two miles and a half south of the city. The Wisconsin Argus was established at Madison, and the first number issued April 22, 1844. The members of the firm were Simeon Mills, Benjamin Holt and John Y. Smith — the latter having entire control of the editorial department. It was Democratic in politics, and was in favor of free trade and a hard-money currency, and ranked high as an exponent of those meas- ures. Mr. Smith remained connected with the paper, with some business changes, until April, 1851, when he retired from it. While engaged in his editorial labors, he was chosen to represent part of Dane County in the First Constitutional Convention, that met in October, 1846. It does not appear that Mr. Smith made any elaborate speeches, or took a very active part in the work of the convention, except on a proposed section to abolish the death penalty, when he made a speech against such action, which was published in the Argus at the time. The constitution as framed, as is well known, was rejected by the vote of the people. It is believed he was not in favor of its adoption. Mr. Smith married the second time, July 5, 1847, at Madison, Harriet, daughter of John and Abigail Wright, of East Hampton, Mass. She died September t, 1851. The children by this marriage were two ; both are now deceased. He married again, on the 18th of March, 1852, at Brookfield, Wis. His third wife is Sarah Ann, daughter, of Jonathan 0. and Achsa, D. Warner, of Amherst, Mass., by which marriage he had two sons now living. Mr. Smith soon became known as a writer of ability. The first of his publications that attracted attention, was a mock message, written by him as the first " Peoples' Governor," or Governor of the Sovereigns, delivered in the Assembly Hall in 1842. This was the commence- ment of a series of similar messages delivered at the opening of the sessions of the Legislature. It was the means of introducing him to the favorable notice of C. C. Sholes, who engaged him to report legislative proceedings for his paper. This was his first connection with the press, and from this time until 1851 he was steadily engaged in editorial labors. In 1861., Mr. Smith purchased the interest of E. A. Calkins in the Argus and Democrat, a^ daily and weekly newspaper, and the publication was continued by the firm name of Smith & Cnllaton, H. K. Smith being an associate editor. The daily issue was continued to January 4, 1862, and the weekly until June 10 of that year, when the publication was discontinued. During the war he wrote some army letters to the Chicago Tribune, and other papers, but did not devote himself to the work of a correspondent. In the winter of 1866-67, he wrote for the Milwaukee Sentinel, during the illness of his son, who was engaged on the editorial force of that paper. He was the editorial writer for the Western Farmer in 1867-68, and a part of the wmter of 1868-69 for the Sentinel. For about three months in the summer of 1870, he was the editor of the Peoria (111.) Transcript, when he ceased his connection with the press. On the 24th of April, 1874, while on his farm near the city of Madison, he had his left leg severely fractured from the kick of a horse he was endeavoring to train to service. He re- TTl f k'* <'"tical condition, with but slight hopes of his recovery, and for several days reason A u V *° ^""^ ^ degree that he hardly recognized his friends. His sufferings were intense, and he Imgered until the 5th day of May. when death came to his relief. He was in the sixty- eighth year of his age. J J- J oth t . ''^'s tastes were inclined towards economic subjects, though he wrote readily on ent^'^t •''^"'^' ^'"^ °^ ^'^ letters, those particularly descriptive of scenery were graphic and 640 HISTORY OF DANE COUNTY. As a public economist he was thorough ; he was uncompromisingly opposed to protection to paper-money or to usury laws. As a thinlier he was logical, untiring and conscientious rather than rapid. He was usually clear, because he always thought out his subjects patiently and thoroughly before writing. " It is our boast, indeed," says one who knew him well, " that, in its infancy, Wisconsin had connected with her press, as its most prominent figure, a master mind, deeply versed in the very elements of fundamental law, with sagacity to forecast the future; who would make men think, and of consequence make them studious and thoughtful." " His mind, it can be truthfully said," continues the writer, "was of the Miltonic cast. He had carefully read and deeply pondered almost every branch of human learning, but his special- ties were logical and metaphysical authors. No writer was so subtle or acute as to confound his clear judgment, confuse his understanding or elude his grasp of mind. He examined every problem with severe minuteness ; traced it to its fundamental principles, and subjected it to an analysis and critical test that left little or no residuum for error. He commenced to question just where other men accept without examination. He spent hours and days in profoundest thought upon propositions the world accepted as standard truth. He was a hard and tireless student, and every production of his pen bore the impress of deep reflection and .closest ex- amination." In his religious belief, Mr. Smith was a Presbyterian, and took an active part in the organi- zation of the church of that denomination in Madison, in October, 1851 ; and was for a long period identified in its management, holding for a number of years the ofiice of Ruling Elder, nearly a quarter of a century. While not conspicuous in late years in the daily walks of busi- ness life, he was universally esteemed for the uprightness of his character, as well as for distin- guished ability. Mr. Smith was one of those men that pass a long life's thoroughfare in a quiet, peaceful way. Under the surface of an unpretending and somewhat rough exterior, there was a deep and over flowing fountain of kindness, and a fund of humor that sometimes sparkled with peculiar bril- liancy — of the " clear, sharp kind that was full of point." Among his principal literary efforts were — 1. A series of articles on the power of Congress over the Territories. 2. Two papers against usury laws, published in the Democratic Review, in 1850. 3. A paper on the Agriculture of Dane County, published in the Transactions of the State Agricultural Society of Wisconsin, in 1851. 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. 8. A speech delivered at Madison, March 14, 1861, on the state of the country.^ 9. A series of articles published in the Argus, in 1861, advocating the doctrine that States by revolting lapsed into the Territorial condition. 10. A pamphlet on the Depreciation of the Currency, published in 1865. 11. A review of Senator Doolittle's speech at Madison, September 30, 1865, on Recon- struction, published in that year. 12. A paper on Eleazar Williams and the Lost Prince, read before the State Historical Society, March 10, 1870. 13. A paper read before the Wisconsin Academy of Arts, Sciences and Letters, Feb- ruary 15, 1870, on the Laws which Govern the Configuration of Comets. 14. A paper before the same institution, in 1874, on the Effect of Duties on Imports upon the Value of Gold. 'CeyX^A^c^ c^ /^ ^ ALBION HISTORY OF DAIIE COUNTY. 543 Mr. Smith began in the year 1851 collecting materials for a work on " Currency." He spent several months in the libraries of New York and Washington, and subsequently wrote a few chapters, but never completed the work. Luke Stoughton, son of Thomas Stoughton, was born in a sturdy New England family, in the town of Weathers- field Vermont, on the 10th of December, 1799. While he was still a child, his father removed to Westfield, in the northern part of the State, then an almost unbroken wilderness. Here, of course, his opportunities for acquiring an education were extremely limited ; but he was trained to habits of strictest industry, economy and integrity. He learned a mechanical trade and fol- lowed it for a number of years, spending a part of his time in Boston, Mass., and Mobile, Ala. Returning to his native State, he married Miss Eliza Page. In 1837, he visited Wiscon- sin. In 1838, he removed his family to Janesville. He entered the mercantile business, built the American House, and otherwise aided in promoting the growth of the young town. Here he resided for twelve years, and accumulated a handsome property. In 1847, he purchased of Daniel Webster a large tract of land in the county of Dane, upon which the village of Stough- ton is now located. Although in feeble health, he soon bent all his energies to improving the water-power, and building up a large village. He induced a large number of his old friends to settle around him, started several kinds of business, and influenced the railroad company to run the Milwaukee & Prairie du Chien road through the place. Stoughton is beautifully situated upon the banks of the Yahara, and in appearance resembles a New England town. It has grown into a thriving village, and is now the busy center of trade for a large extent of country, and contains several large manufacturing establishments. Mr. Stoughton was a man of strong practical sense, sound judgment, a trusted friend, and wise counselor. Modest, retiring and deferential to others, he never sought any public position, but has held the high esteem of all who knew him. He loved truth for truth's sake, and was uncompromising in his regard for justice. His religious views were liberal. He read extensively and possessed a large fund of gen- eral information. His manner was characterized by a quiet but manly dignity. At his home he was hospitable in the highest degree, genial in spirit, discussed freely and intelligently the public topics of the day, in regard to which he was stable and conscientious in his opinions. In his domestic relations he was distinguished for kindness and tenderness. His many years of feeble, failing health, a great trial to one of his active temperament, were borne uncomplain- ingly- He died on the 15th of August, 1874. The Masonic Order, of which he was a member, took charge of the body on the occasion of his funeral, and at the grave read their beautiful and impressive ceremony. Few men lived more respected or died more regretted by those who knew him, than Mr. Stoughton. Bteon Paine was born at Painesville, Ohio, October 10, 1827. He first attended the common schools in his native village, becoming afterward a pupil of the Painesville Academy, where he graduated with distinction. He then read law with his father, James H. Paine, who, in November, 1847, settled in Milwaukee. About this period, the son commenced the study of German, pursuing I' ""'il ^® °°^^^ ^^^^ ^^^ language fluently and speak it readily. He was admitted to the Milwaukee bar in 1849 ; and, on the 20th of June, 1854, to the bar of the Supreme Court of the State. He was industrious in his profession, and soon became an able and powerful advocate. In 1858, he acted as Madison reporter of >the Milwaukee Free Democrat On the 19th of May, 1854, he made an argument before the Supreme Court of the State in the celebrated 544 HISTORY OF DANE COUNTY. Booth case, involving the appellate jurisdiption from State to United States courts, and the constitutionality of the fugitive slave law. His effort was directed against the validity of tiie enactment. This placed him at once in the front rank of the leading lawyers of Wisconsin and gave him a widespread reputation. He received congratulations from eminent men in various parts of the country. It was, indeed, the foundation of his legal reputation. It was regarded not only as one of the ablest efforts of his life, but one of the best arguments ever made on that side of the question. On the 7th of October, 1854, he married Miss Clarissa R. Wyman, of his native place. He addressed the young men of Waukesha College at the com- mencement, 1855, of that institution ; and, in the fall following, canvassed a part of the State, speaking on the Republican side during that contest. In January, 1856, he was elected Chief Clerk of the Wisconsin Senate. On the 10th of November following, he was appointed County Judge of Milwaukee County, and'was elected to the same oflSce in April following. This was a very strong evidence of the high esteem in which he was held by the people. He retained the position until June 21, 1859, when he was called to the ofBce of Associate Justice of the Supreme Court of Wisconsin, being elected the April previous, as the successor of Justice A. D. Smith. As it was a question when the term of the latter ended, whether on the 31st day of May, 1859, or on the first Monday in January, 1860, he went through with the formality of resigning his office, and the Governor appointed Judge Paine as his successor on the 20th of June. Judge Paine held his position on the bench of the Supreme Court until the 15th of Novem- ber, 1864, he having resigned on the 10th of August previous, to take effect on that day, to enter the army. He enlisted in the Forty-third Regiment Wisconsin Volunteer Infantry, and was appointed Lieutenant Colonel. His post was in Tennessee, where he remained until May, 1865, when the death of an only and much-loved brother called him home. On returning to civil life, Judge Paine again entered on the practice of his profession in Milwaukee. This he continued until re-appointed, on the 16th of August, 1867, to the Supreme Court of the State, to succeed Justice Downer, resigned. In April, 1868, he was elected to fill the term expiring June 1, 1871, holding the office until his death, January 13 of that year. During his practice at the bar, he was associated with his father and brother, and for a time with Hal- bert E. Paine. While op the bench, he worked hard, and justified the most sanguine expecta- tions of his friends. His published opinions show patient and careful examination, laborious research and investigation, a proper deference to authorities, just discrimination of adjudged cases, a clear and firm grasp of sound principle. His mind, in a legal way, was critical but not revolutionary. He laid no violent hand upon the long-established systems of equity and com- mon-law jurisprudence. Many of his decisions might be cited as fine specimens of judicial reasoning and clear, persuasive argument. He was liberal in his views ; and, as a citizen, humane and benevolent, frank and open-hearted. He had, in private life, a large circle of friends. He continued his law lectures in the university with general acceptance, until stricken down by the disease which terminated his useful career. In 1869, the University of Wis- consin conferred upon him the degree of Doctor of Laws. Stephen Haskens Cakpentbk. Mr. Carpenter was born in Little Falls, Herkimer Co., N. Y., August 7, 1831. His early education was given him at his home. He prepared for college at Munro Academy, Elbridge, N. Y. In 1848, he entered the Freshman class of Madison University, at Ham- ilton, that State, afterward, in 1850, entering the Junior class of the University at Rochester— graduating with the degree of Bachelor of Arts, in 1852. He had early shown a predilection for the classics ; and having been taught Latin at home, in his youth, he was enablea to continue the study in college with more than ordinary success. To the Greek, also, he gave a good deal of attention ; so that, at his graduation, his reputation was excellent for his attam- ments in both languages. After graduating, he came to Wisconsin. HISTORY OF DANE COUNTY. 545 Of his arrival in Madison, says one who was then of the faculty of the university : " He had come to join the small body of us then constituting the faculty, who were striving in the midst of narrow and discouraging conditions to lay the foundations of a great institution of learning for Wisconsin. He was then just arrived at legal manhood — just turned of twenty-one years of age, and was just graduated from college. In personal appearance, however, and in the extent and range of his acquirements, he seemed four or five years older.* He occupied the position of Tutor in the University, at the commencement of the third university yekr (1852-1853), taking the place of 0. M. Conover, who was promoted to the chair of ancient lan- guages and literature. He retained his position until July, 1854, when he resigned, and was succeeded by Augustus L. Smith. After being a few months employed in selling cabinetware in Madison, as senior member of the firm of Carpenter & Lawrence, he associated himself in that city with S. D. Carpenter in the publication of the Daily Patriot — he being announced, on the 20th of November, 1854, as its local editor and publisher, while S. D. Carpenter became the political editor. On the 17th of July, 1855, he succeeded to the position of co-editor; and, on the 29th of January, 1856, of joint publisher. On the 28th of July following, he retired from the Patriot, having disposed of his interest to Rolla A. Law. On the 31st day of January, 1857, he established, in Madison, a neatly printed weekly paper, devoted to news and literary and miscellaneous reading, but non-political, called the Western Fireside. It was 'a good family paper, and was ably edited, but its support was not sufficient to justify its publication ; so, on the 8th of January, 1858, it was discontinued. The materials of the office were afterward purchased by the proprietors of the State Journal. This ended his career as editor and publisher. He continued in it, how- ever, long enough to be recognized by the public not only as a man of ability, but as a graceful writer.f For the years 1858 and 1859, he was Assistant Superintendent of Public Instruction for Wisconsin. Being a very methodical man, he introduced order and system into the internal administration of the office. In 1860, he was elected Professor of Ancient Languages in St. Paul's College, Palmyra, Mo. This position he held until the war of the rebellion broke up the institution. Returning North, he taught a select school one winter in Richland, Wis. After- ward, failing to fiid more congenial employment, he maintained himself, for a time, by working at the printer's trade in Madison, setting type in the offices of the Wisconsin Farmer and State Journal. He also gave lessons in German. During these years all his spare time was devoted to literary studies. In 1864, he was elected Clerk of the city of Madison, continuing in that office until Octo- ber, 1868, when he resigned. Meanwhile, he filled, temporarily, the chair in the University made vacant by the resignation of Prof. Read, as before mentioned. He was also a member of the City Board of Education, Madison ; and, from January 1, 1868, to the 1st day of October following, was Superintendent of the Schools of Dane County. His resignation of these offices was made imperative because of his acceptance of the professorship of rhetoric and English literature in the University. This chair was changed, in 1874, to logic and English literature, but Prof. Carpenter was continued therein until his death, which occurred at Geneva, N. Y., December 7, 1878.| lOTo ^^' *^^ degree of Master of Arts was conferred up6n him by his alma mater, and, in 1872, that of Doctor of Laws. He was married to Miss Frances Curtis, of Madison, Wis., on the 14th of May, 1856. In 1875, he was elected to the Presidency of the Kansas University, V,' '1^?^'"*'^ ^^^ office, believing he could do a greater and better work in the institution with which he was connected. In 1876, he was appointed by the State Superintendent of Public of Prof'&nMnle '^'If^'f'^^"""'' by 0. M. Conover, LL. D., before the State Historical Society of Wisconsin, December 17, 1878, in mc^mory College whnhnri^' T ^^® never personally known," continues Dr. Conover, "any man of his years, any graduate fresh from an American Wems ihronirh ..'" Yf.' '" acquaintance with Greets literature, especially with the Greek poets. He had already read all the Homeric tAdSrt 1 1 "*' "" '"'^ einpularly familiar with several of the Greek dramatists, especially iEschylus and Sophocles." l£il!torialAR.SHu.i,.'^°.V''°?,"4 History of the Press of Dane County, Wis.," written by David At'wood, and furnished the Wisconsin 1 Fm m '; "i '^" ^'^' *' '" °'°"' annual session, June, 1865. Protessor of Srtinf .°™V°'° "° "" indebted to a biosraphical sketch of Prof. Carpenter, from the able pen of B. B. Anderson, A. M., 1878.— Kb "'*""""'"«n Languages in the University of Wisconsin, printed in Bobinson's Epitome of Lileraiure, Philadelphia, December, 546 HISTORY OP DANE COUNTY. Instruction of Wisconsin, an examiner of teachers applying for State certificates. He continued to hold this oflBce until his decease. It may be said that, as teacher, Dr. Carpenter had few equals in the United States. His favorite fields were rhetoric, logic, and English literature; these he cultivated assiduously. Although at home in the classics, in political and moral science, in French and German, and in mathematics, it was in the English language and literature that he was especially erudite — espe- cially profound. Outside this department, "his knowledge was not of the sort that would be called erudition; it was rather general than detailed; and consisted, principally, of such facts as had an importance outside of the science to which they belonged. It was such knowledge as a man of vigorous mind and retentive memory (whose leading trait was the clear perception of the bearing of things) would gather from an extensive field of reading and study."* The fame of Dr. Carpenter rests largely, therefore, upon the wonderful power he exhibited as an educator. " He loved his work and threw his whole being into it. His class-room was never a tedious place. A student never sought that room in doubt of receiving help, or left it unsatisfied. Every one felt the remarkable permeating presence of the beloved instructor. Prof. Carpenter put his stamp upon every intellect. He reached out with a strong arm and raised the young men and women to a higher intellectual plane. He made himself felt. A student knew he was standing upon solid ground in the Professor's presence." f "His thought," says another, "was pre-eminently logical. He saw quickly and traced rapidly the relations of things. Logic was a favorite science with him, and he gave it more enforcement in the minds of pupils than any other teacher I have ever known. It was the stronghold of his instruction."! Says Prof. J. B. Parkinson: "Prof. Carpenter was distinctly an educator — teacher. In his ability to impart instruction — his aptness to teach — lay his special power. Not one man in ten thou- sand could equal him as a teacher. Here was his chosen field. In it was the work that lay nearest his heart. He thoroughly appreciated the chief requisites of the successful instructor." "Prof. Carpenter seemed to aim," continues Prof. Parkinson, "at a thorough mastery of his department ; and his familiarity with what he had in hand, his wealth of happy and forcible illustrations, and his genuine enthusiasm, constituted the chief secrets of his success in the class- ' room. As a teacher, then — and I use the term in its technical sense — his impress has left tlie deepest furrows. As a teacher, his influence will reach the farthest and abide the longest."|| In 1867, Prof. Carpenter published his first work — a book entitled " Songs for the Sabbath School." It consisted of a collection of melodies — embracing a variety of new tunes; these, with one exception, were composed by himself In the preface, the author says : " The music in this little book is all new and is believed to be serviceable. The words do not inculcate error, but are in accordance with evangelical truth." The hymns, also, several of them, were written by him. These are, generally, to be commended for their sweetness and tenderness. As the result of his studies of Anglo-Saxon and the English language. Prof. Carpenter has given to the schools of the country three excellent books: "English of the Fourteenth Cen- tury;" "An Introduction to the Study of the Anglo-Saxon Language;" and, "The Elements of English Analysis." The first mentioned is, in fact, Chaucer's "Prologue" and "Knight's Tale," illustrated by grammatical and philological notes, designed to serve as an introduction to the study of English literature. The author's notes are ample ; and these, together with a glos- sary, are intended to remove every difficulty that would meet a student of average ability. In his second book — " An Introduction to the Study of the Anglo-Saxon Language "—he com- prises an elementary grammar of the Anglo-Saxon; also selections for reading, with explanatory notes, and a vocabulary. In his last book — " The Elements of English Analysis " — ^he uses a system of diagranis to represent to the eye the outline structure of a sentence, in order the more readily to fix the principles of analysis in the mind of the student. This is a small but care- fully written work. * Prom Prof. WiUiam F. Allen's memorial address before the State Historical Society of Wisconsin, December 17, 1873. iBtadigon Daily Democrat, December 8, 1878. . o. + n 'vardtr Memorial address before the State Historical Society of Wisconsin, December 17, 1878, by President John Bascom, of the State unmraw. Address, in memory of Dr. Carpenter, before the State Historical Society of Wiscousln, December 17j 1878. HISTORY OF DANE COUNTY. 547 After the publication of his Anglo-Saxon grammar, Dr. C.irpenter devoted the most of I is leisure hours to the translation and annotation of the celebrated poem, "Beowulf," the oldest monument extant of Anglo-Saxon literature. He had just completed the translation when he died and was preparing a somewhat elaborate introduction, which -he left not quite finished. This' last important work of Prof. Carpenter, one on which he bestowed much care and to which he gave his ripest scholarship, will be published under the editorship of Prof. R. B. Anderson, who was, through many years, his bosom friend. Prof. Carpenter was not an author of books, in the popular sense of the term. He wrote but one "An Historical Sketch of the University of Wisconsin" — adapted to the general reader" but, to the religious and educational periodicals of the country, he contributed exten- sively. His communications took a wide range. His style of writing is marked and strikingly characteristic of the man. When he said anything he said it ; and, at times, the fire of his thouffhts consumed his words. Although largely wanting in the imaginative element, his diction is nevertheless, peculiarly attractive because of its smoothness and clearness. Take this para- graph, as an example, from "The Relations of Skepticism and Scholarship," in the Baptist Quarterly, for January, 1873 : " Faith is the condition of progress. Belief grasps actual possession by the strong han d of demonstration ; while faith rises superior to reason, and grasps greater truth by the stronger hand of conviction. Faith is not an abandonment of reason ; it is the condition of reason. It places the crown of universal dominion upon the head of man ; puts in his hands a scepter, which the future as well as the present obeys — eternity as well as time. It asserts our kinship with God, who does not discover truth by the slow process of reason, but who reaches his con- clusions by the same intuitive action by which faith apprehends principles. Reason adapts man to the present life. Faith is a pledge of immortality. Destroy faith, and man is hedged in by humanity — is limited to the now and here — to the little segment of the infinite circle which lies immediately before him. Add faith to reason, and out into infinity, onward into coming eternity, upward to God Himself, sweep the slowly arching sides of the mighty circle of truth, whose round will, nevertheless, forever bafiie finite measurement." A number of his educational addresses have been published. His direct way of giving utterance to his thoughts is well illustrated in the opening paragraph of one of these — " Indus- trial Education " — delivered before a convention of the Wisconsin State Agricultural Society, February, 1874: "There are two essential requisites to success in any trade or profession : A knowledge of the principles forming the science of which the profession is the practical applica- tion; and skill in the application of these principles. The one requires cultivated mind ; the other, cultivated muscle. Every profession presents these two sides, but notably those which are largely dependent upon mechanical operations for their success." An address on " Reading," delivered before the State Teachers' Association of Wisconsin, in July, 1871, at Madison, and published in the August number of the Wisconsin Journal of Education for that year; also an article in the Examiner and Chronicle, on " The Education Question — Conflicts Between the Old and New," are worthy of special commendation. His centennial F"ourth-of-July address, in Madison, added to his reputation as an orator and man of culture. " The Relation of the Different Educational Institutions of the State " and " Rambles in the World of Words," contributions to the periodical first named, exhibit, in a striking light, . the wide range of his thoughts and his extensive scholastic attainments. Of Dr. Carpenter's published lectures, one on " Moral Forces in Education," and a series ot twelve on " The Evidences of Christianity," have received a merited recognition from some of our country's ablest and best men. His translations from the French have also been highly complimented. The most notable of these efforts are (1) articles on political economy and the ™'"® °f Catholic nations, of Emile de Laveleye, and (2) stories of George Sand, from Revue mdeux Monies. Dr. Carpenter was a member of the Wisconsin Academy of Sciences, Arts and Letters. He contributed two papers to its " Transactions " : (1) " The Metaphysical Basis ot bcience;" (2) "The Philosophy of. Evolution." These papers attracted wide attention, 548 HISTORY OF DANE COUNTY. especially the last mentioned. His very latest contribution to the press was a solution of an algebraic problem, to be found in the January number, 1879, of the Wisconsin Journal of Mi- ucation. The sudden death of Dr. Carpenter produced a profound impression in Wisconsin. Reso- lutions expressing appreciation and esteem were adopted by the faculty and regents of the uni- versity, also by the State Teachers' Association and by the State Historical Society, of which he was a member and an officer. His mortal remains lie buried in the beautiful cemetery near the city of Madison, not far away from the institution where many of his years were so profitably pmployed, and where he gathered unto himself a name and fame that Wisconsin will long remember with pride and respect. Charles D. Atwood was born at Madison on the 4th of June, 1850. He had the education of the printing office, supplemented, however, by attendance upon the public schools and by a partial course in the State University. As he approached the age of manhood, he began his work in journalism as a reporter of legislative proceedings, and by occasional correspondence published in the State Jour- nal. In 1870, he made a short excursion across the continent, and wrote some interesting let- lers from California. In the autumn of 1872, he received from President Grant an appointment as Consular Clerk. The office of Consular Clerk was created by an act of Congress in 1864. The whole number of such clerkships is limited to thirteen ; a careful preliminary examination is required, and, the appointment once made and the examination passed, the Clerk is only removable for cause. The purpose of the act was to create a school for training a few young men for Consular life. It was intended that the Consular Clerks, after becoming familiar with Consular duties, should, from time to time, as they proved themselves worthy, b? pro- moted to Consulates. The plan was an excellent one, but, unfortunately, for our foreign idrvice, has never been carried into full effect, the trained Consular Clerk having almost without excep- tion been ignored, while the Consulates continue to be filled with raw material supplied by poli- ticians at home. Young Atwood, having passed a creditable examination before the board at Washington, was assigned to duty at Liverpool, under his fellow townsman Bx-Gov. Fairchild. He sailed in November, 1872, and soon afterward received' the additional appointment of Vice Consul at that port. His various duties were performed with much skill and judgment. His gentlemanly bearing, his capacity, trustworthiness and fidelity were such as to command the espect of all who were brought into social or business relations with him. In 1874, he visited his old home, and, on the 8th of September of that year, formed a happy marriage with Miss Elizabeth Ward, of Madison. Shortly afterward, he returned with his wife to Liverpool, and resumed his official duties there. During his residence abroad, he saw much of England, and something of the continent, and wrote occasional sketches of travel for his father's paper, the Madison State Journal, which indicated much power of observation, and were characterized by an easy and graceful style. While he found a great deal that was attractive and pleasant in his life in England, his home attachments were strong, and he felt a longing to be back once more among the scenes of his boyhood. The bright waters of Monona and Mendota, the pure air and umbrageous streets of this Interlaken of the West, possess a strong attraction for all who have for any considerable time felt their iniluence. Moreover, with riper years and wider knowledge gained from books, from travel and observation, came the prompting to devote his future life to journalism. Accordingly, in the. spring of 1876, he resigned his position at Liverpool, and returned to Madison. From that time until his final illness, he was actively engaged as one of the editors of the State Journal. A severe cold finally terminated in an acute attack of pneumonia, which resulted in his death on the 6th of February, 1878. Mr. Atwood was gentle, courteous and truthful. There was no malignity in his nature. AH who knew him loved him. He was a gentleman, too, with graceful manners and refined tastes. He was dignified without being pretentious, cheerful and sunny in his disposition, generous and obliging, with a vein of quiet humor that made him a pleasant and welcome companion. What HISTOKY OF DANE COUNTY. 549 he miflit have accomplished in his chosen calling, can, of course, only be surmised. He had but just taken up the serious work of life, when his career was brought to an untimely close. He died with , , ^ ,. ^ ^ "the hope of unaccomplisned years Yet large and lucid round his brow." Geokge B. Smith was born at Parma Corners, Monroe County, N. Y., May 22, 1823. His father, Reuben Smith, was a native of Rhode Island. His mother's maiden name was Betsey Page. She died when the subject of this sketch was but ten weeks old. Both father and mother possessed much strength of character, and the father filled many places of honor and trust, discharging faithfully every duty. In 1825, the family removed to Cleveland, Ohio ; and in 1827 took up their resi- dence in Medina, Ohio. It was in this place that George received a few years' schooling, and entered upon the study of the profession of law, with H. W. Floyd, of Medina. In about a year thereafter he entered the office of Andrews, Foot & Hoyt, of Cleveland, where he pursued his studies with great diligence for about one year. Being a young man possessing much self- reliance — a characteristic that never left him in after life — his mind naturally turned to the great West, which was then attracting attention in all parts of the country, and, with his father, came to Wisconsin, locating first at Kenosha (then Southport), and there pursued his studies in the office of the late 0. S. Head. He was admitted to practice at the bar of the United States Court, A. G. Miller presiding, on the 4th 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 fall of 1845 located in Madison, the capital of the Territory of Wisconsin. It was here that he literally fulfilled the Greeley advice of growing up with the country. Wisconsin then contained but a email 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 all after life was found 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 Attorney for Dane County, and for six years held this position, giving to the discharge of its duties rare ability, close attention and thought, and a fidelity to the trust reposed in him. He was prompt and efficient in the discharge of every duty, and rendered the county and State 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 Con- stitutional Convention that assembled in Madison in October, 1846. He was the youngest man there was in that distinguished body. Young as he was, Mr. Smith was able to sustain himself with great credit in contests with these brilliant minds, and was acknowledged to have been one of the most active members of that convention. He was Chairman of the Committee on a Bill of Rights, 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 laws that now exist on that subject. He urged with great vigor that the matter be engrafted into the constitution, 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 °* "l'^ strongest reasons for its rejection, not so much on account of the principle involved as in In the fall of 1853, Mr. Smith was elected Attorney General of the State, and served for a termot two years, declining a re-election. 650 mSTOEY OF DANE COUNTY Mr. Smith served as Mayor of the city of Madison in the years 1858, 1859, 1860 and 1878. In the years 1864 and 1869, he represented the Madison district in the Assembly, and ■was deemed one of the ablest men there, 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 ques- tions. His ability and experience fully entitled him to that distinction. The interests of his constituents never suffered in his hands. In 1864, and again in 1872, Mr. Smith was the Democratic candidate for Congress in his district. In both instances, he canvassed the district with ranch 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 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 rep- resented 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 reputa- tion, and would doubtless have been followed with distinguished preferment had the candidates there nominated been successful before the people. The only other public position of promi- nence that Mr. Smith has occupied was in 1876, when he was designated as one of the distin- guished visitors to Louisiana to supervise the canvass of the vote of that State for Presidential Electors. Having been an early pioneer of the State and a conspicuous member of the first Constitu- tional Convention, Mr. Smith naturally took a deep interest in the affairs of the Wisconsin Pioneer Association, and in the meetings of the surviving members of the two Constitutional Conventions. In July, 1879, he delivered an address before these two organizations, in Madison, a duty he performed faithfully and ably, not only giving the history of these conven- tions, but furnishing also a very interesting and valuable sketch of the early history of Wisconsin. 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 political speaker, he has had few superiors in the country. He had a fine presence, a splendid voice, a forcible manner of speak- ing, that rendered his oratorical efforts fascinating and effective. His private life was without spot or blemish. He has 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 entertain- ing of men ; instructive in conversation, quick at repartee, bright and witty, pkasant in manners, he endeared himself to all who met him in the social circle. As a politician, Mr. Smith belonged to the Democratic party. He was positive in his opinions, and bold and uncompromising 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 sturap were great, and acceptable to his friends. On the 29th of Augiist, 1844, Mr. Smith was married to Miss Eugenia Weed, of Medina, Ohio, an estimable lady, worthy of him, and one to whom he was devotedly attached in all the relations of life. They were blessed with five children, 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. In his family relations Mr. Smith was peculiarly 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 strongest affection upon his wife, his children and his grandchildren. It is in these sacred HISTOBT OF DANE COUNTY. 551 relations of life that the the true and noble character of the real man is shown ; and herein our friend stood pre-eminent, and beautifully illustrated the truth of the words of the poet, in the hneS! "Domestic happiness, thou only bliss Of Paradise, that has surviyed the fall I 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." As a citizen, Mr. Smith was generous, and labored earnestly and zealously for the devel- opment of the material interests of his own beautiful city, the State of his adoption, and of the whole country. Mr. Smith stood eminent in his chosen profession. For many years he was a prominent member of the Dane County bar, and the senior in the years of practice. In the State, most of the associates of his early years in practice before the several courts, preceded him to the grave. He died on the 18th day of September, 1879. John B. Fettling was born in the city of Worms, Germany, February 12, 1838. Until his tenth year, he was ed- ucated at the public school in his native city ; he then attended the gymnasium, from which he graduated in 1857, with a first degree, afterward entering the university at Giessen to study philology. His studies there were interrupted by being called to serve in the army, but he soon returned and passed his public examination in 1860. From this institution he received the de- gree of Doctor of Philosophy. He gave private instruction while at the university, and, after leaving the institution, he accepted a position in the Institute of St. Gowishausen on the Rhine, as teacher of Latin and Greek. Later, he spent two years at the Bibliotheque Imperiale, in Paris, mainly in the study of philology and in acquiring a conversational mastery of the French language. Dr. Feuling came to the United States in 1865, and, not long after, opened a French and German academy at Toledo, Ohio. Not succeeding in this undertaking, he came West, first giving instruction at Racine College in the classical languages, and then accepting a Professor- ship in the University of Wisconsin. Shortly after his accession to this professorship, he was invited to the chair of ancient languages in the University of Louisiana, at Baton Rouge, and visited that place on a tour of inspection. The position was held open for him one year, when he finally declined it, although his preference was for a professorship such as had there been tendered him. The position in the University of Wisconsin he continued to fill, with much credit, until stricken down by disease, which terminated his life March 10, 1878 — the second of the Professors of the university to die at the post of duty. At the time of his death. Prof. Feuling was a member of the American Philological Association and of the Wisconsin Academy of Sciences, Arts and Letters. To both he had contributed several papers. He published, soon after coming to Madison, an edition of the Poema Admonitorium of Phocyllides, prefacing the week text with an introduction in fluent Latin. He left several works in manuscript : " The Homeric Hymns," with notes ; " Selections from Montesquieu," with notes and a glossary, in- tended as a French reading book ; and "An Historical Outline of Germanic Accidence." He was a profound scholar. Teaching, with him, was not drudgery. He felt proud of his profession, and discharged his duty with a conscientious fidelity.* _ President Boyd, of the University of Louisiana, writes : " I consider the loss of Dr. Feul- m to be a national calamity. The announcement of his death brings sorrow here in the far oouth as in the Northwest. Wherever he was known (and scholars and men of intelligence all over this country knew him), there is a profound regret that the accomplished linguist and courteous gentleman is no more." Prof. Whitney, of Yale College, says of him : " I lament his eain, regarding it as a painful and serious loss to philological science in America. I held for ^|m_aiiigh respect and warm personal affection." •Adapted largely from a sketch of Dr. Teuling, written by Dr. S. H. Carpenter, for the TJnamUy Pre« of March 20, 1878. 552 HISTORY OF DANE COUNTY. Dr. Feuling has lectured before various colleges and educational associations. His pamphlet on the "Etymology of the Word Church," attracted the attention of Eastern linguists. Prof. Scheie de Vere, of the University of Virginia, writes of it : "I have been reading it again with appreciation of the distinction the author had won for himself and the university of which he was so bright an ornament." Dr. Feuling's last address, " The Rhyme in Latin and Greek," was read by him before the philological convention at the John Hopkins University, in Baltimore, 1877. He was a fre- quent contributor to leading periodicals of this country, and had been, for some years, associate editor of a literary journal published in his native city. From these columns is selected the following, which shows that, in his literary tastes, poetry was an essential element, and that he cultivated the field with marked success : FATA MORGANA. Ich trat mit seligem Vertrauen Umspielt von goldenem Sonnensohein Zu meiner Kindheit sonnig blauen, Uud nie umwoelkten Himmel ein. Ea dehnten sich nur gruene Matten Vor meinem trunkenem Blicke aua, TJnd stille Myrten boten shatten Im dunkeln gruenem Blaetterhaua. ^ Die Welt war von dem Morgenlichte Der ersteu Mensohlichheit umatrahlt Wie alte Saenger im Gedichte, , Verschwund'ne Zeiten einst gemalt. Das Glueck bot mir in Silberschale Den gold'nen Wein der Seligkeit, 1 Es waren Plato's Ideale Gestalten schoener Wirklichkeit. Doeli aoh I es waren Truggebilde Wie sie die Wuestensee oft malt ; Die Sahara wird kein Gefilde, Der eis'ge Nord bleibt ewig kalt I [translation.] My childliood's holy faith obeying, I trod the way with glad surprise, Its golden sunshine o'er me straying, I looked on blue, unclouded skies. I saw an ever-blooming meadow Alluring my enraptured mood, And far away in quiet shadow A leaf-green summer solitude. The world lay in the Eden glory That first humanity o'er cast, As told in sacred song and story, By poet-singers of the past. The wine of blessedness unbroken Life proffered from her golden stream, And there were they, in smiling token, J The real forms of Plato's dream. '' Ah happy childhood's rainbow vision I I see no more thy hills of gold ; The desert hides thy fields elysian, The north wind mur""™ ever cold. HISTORY OP DAKE COUNTY. 653 The following is a translation from another of his poetical efforts : Heine's obate. I know a grave in foreigji lands Within a church yard's sacred keeping. To tell of one in silence sleeping A marble cross above it stands. The cross turns eastward to the sun — It points away to youth's glad story, Its dream of love, its dream of glory. To heights the singer's heart had won. It dreams of German Fatherland, The Brotherhood in loyal union. And reaches out as in communion With those who mourn — a broken bancL So, oft, as the young day appears, He sees the cross with tear-drops beaming, For Night has paused in tender seeming. And o'er the sleeper bowed in tears Dr. Feuling was a memher of the American Oriental Society, and was invited to address its members, but the invitation came too late. According to his expressed wish, he was huried in Forest Plill Cemetery, near Madison, Wis., within sight of the 6ity he loved so well, and of the University, the scene of the labors of his active life. James Campbell Hopkins was born in the town of Pawlet, Vt., April 27, 1819, and was, at the time of his death, in the fifty-ninth year of his age. His ancestors, both paternal and maternal, were Scotch- Irish. When about five years of age, he, with his parents, removed to the town of Hebron, Washington Co., N. Y., and not long afterward, to the town of Granville, where he resided until he commenced his professional career. He was educated at the academy in North Gran- ville, and in the spring of 1840, entered upon the study of law in the oiSce of James McCall, at Sandy Hill, N. Y., and afterward ^continued it in the office of Messrs. Bishop & Agan, at Granville. He was admitted to the bar at the January term of the Supreme Court, in Albany, N. Y., in 1845, and immediately after began the practice of his profession with Mr. Agan at Granville, continuing with him about two years, and then forming a law partner- ship with Mr. Bishop, which continued until he removed to Madison, Wis., in the spring of 1856. He was Postmaster at Granville for a period of five years, and in 1853 he was elected to the Senate of New York, from the district then composed of the counties of Saratoga and Washington ; he was an active, influential and efficient Senator, and a member of the Judiciary Committee of that body. Upon his settlement in Madison, he became associated in practice with Harlow S. Orton, and at once entered upon a large and successful business. Soon after his arrival in Wisconsin, a code of practice, substantially like that of New York, was adopted, and he performed the prmcipal work in arranging it and adapting it to the provisions of the constitution and judicial system of the State. Politically, he was an ardent Whig, so long as that party existed, and on the fornaation of the Republican party allied himself and acted with that organization; but Qunng his residence in Wisconsin, he gave but little attention to politics, his time being entirely occupied with the duties of his profession. He manifested but little or no ambition for the doubtful honors of modern political life. W V. 7^ ^"- ^'^''®^'^'^'' lawyer, well read in his profession, and entirely devoted to its duties. It ^ l Survey, for the year 1878, where is to be found an excellent paper in uSdSr A'!"''^"'' ^^ P^f- *"*"' !>■ Conover, of the University of Wisconsin. T Aoaptea frem the VrmmUy Prm (Madison, Wis.,) January 17, 1879. 556 HISTORY OF DANE COUNTY. company the volumes of the final report was adopted, and he was intrusted with their prepara- tion. Jn his report for 1876, the State Geologist says: "Prof. Nicodemus has been actively engaged in compiling the geographical data for the maps, and in drawing them upon a uniform and accurate scale. Each township has been carefully built up from the notes and plats of the original Government linear surveys, and the natural features have been compiled from a large collection of State, sectional, county, township, and special maps," " The work of this depart- ment [drafting]," says the chief geologist, in 1877, "which assumes increasing importance in the preparation of the final report, has continued, as heretofore, mainly in the hands of Prof. William J. L. Nicodemus and Mr. A D. Conover, of the State University. They have, during the year, completed the drawing of the maps for the atlas accompanying Volume II of the final report — and a portion of those for the remaining volumes; and several others are in various de- grees of advancement." In his report of 1878, the State Geologist remarks : " Prof W. J. L. Nicodemus, topographical assistant to the survey, and Mr. A. D. Conover, of the State Uni- versity, who have previously done the larger part of the drafting of the geological maps, have completed those assigned them for the atlas that is to accompany Volume III of the final report, and have made progress with other work placed in their hands." Since his connection with the University of Wisconsin, Prof. Nicodemus has more than once been tempted to leave ; and, among other proflfers, he received one from Gen. Sherman, with whom he was personally well acquainted, asking him to accept a position as professor of mathe- matics at $2,600 per annum, in gold, in a college just being started by the Khedive of Egypt. Of modest, retiring disposition. Prof, Nicodemus rarely spoke of himself or of his many exper- iences. Possessed of a large store of nervous force, he rapidly and efficiently accomplished whatever he took in hand. Ambitious to provide for the wants of his family, should they ever be left without his care, he felt pressed to engage in business enterprises outside of the duties of his pro- fessorship. As he was never slack in his duty to the university, he must have drawn very largely on his vitality to accomplish the work he undertook. This is more especially true of the past university year, when, burdened more than usually with the needs, for instruction in his growing department, and with his work for the geological survey, he shared largely in the labor, the risks, and anxieties consequent on publishing, along with A. D. Conover, a large and very accurate map of Wisconsin. The draft on his nervous system proved great, and brought on insomnia, which finally developed alarmingly. He died in Madison, on the 6th of January, 1879, and was buried near that city, in the beautiful Catholic cemetery of Forest Hill.* The position he occupied in the university he continued to fill most acceptably until his death. He was married, in Georgetown, D. C, to Miss Fannie E. Pettit, December 27, 1864. In 1875 was published a " Hand-Book for Charcoal Burners," a Swedish work, translated by Prof. R. B. Anderson, of the University of Wisconsin, and edited with notes by Prof. Nico- demus. The original work is by G. Svedelius, and is probably the best treatise on the manu- facture of charcoal ever written. Prof. Anderson's translation is admirable. The notes of Prof. Nicodemus add to the interest and value of the book. The twenty-three wood engravings illus- trating the text are well executed. Prof. Nicodemus had prepared, at the date of his death, and nearly finished what was at first intended only as a translation of Reauleaux's " Manual of Civil Engineering " (the volume containing tables); but, under his hands, it developed into a much more complete manual of tables than the original. Prof. Nicodemus was a member of the Wisconsin Academy of sciences, arts and letters, and contributed to its " Transactions " several papers that are commendable not only for what he says, but for the way he clothes his thoughts. These contributions are (1) " On the Wisconsin River Improvement ;" (2) " Railway Gauges ;" (3) " The Ancient Civilization of America.' "The ancient works," he truly and clearly says, in the last-mentioned paper, "divide them- selves into three great geographical divisions, namely : South America, on the west coast, be- tween Chili and the second degree of north latitude ; Central America and Mexico ; and the valleys of the Mississippi and Ohio." He has given to the periodical press a number of articles, * See Annual Report Wisconsin Geological Survey, 1878, pp. 50, 51. mSTORY OF DANE COUNTY. 557 notably one on "Telegraphy " and another on " Tunneling," printed in the University Press, Madison, Wis., in October and November, 1871. La Fayette Kellogg, son of Eowland Kellogg and his wife Sarah Titus, was born at Blizabethtown, Essex Co., N. Y. and was educated at the same place. Came West in 1838, and spent nearly a year in the lead mines at Mineral Point, and returned to Madison in the summer of 1839, held several town and county offices until August 11, 1840, when he was appointed Clerk of the Supreme Court of the Territory, which office he held until the State Government was organized, when, from continued ill health, he was obliged to give up all kinds of business until December, 1851, when, his health having improved, he again took charge of the office as Deputy Clerk, and dis- charged the duties of the same until the organization of the separate Supreme Court in June, 1853, when he was again appointed Clerk, and held that office to the day of his death. He was also elected Chief Clerk of the House of Representatives at its session in 1845, and was re-elected at the session of 1846, 1847 and 1848, and was also elected Secretary of the first convention to frame a constitution for the then future State of Wisconsin, which constitution was rejected by a vote of the people on the first Tuesday of April, 1847. He died in Madison on the 4th day of June, 1878. Nathaniel W. Dean was born in Eaynham, Bristol Co., Mass., September 17, 1817. He received an academic education, and taught school one or two winters, commencing when he was eighteen years of age, near his native home. When he was twenty-one years of age, he went to whaJr was then the Far West, and located at Niles, in Michigan. Here he entered upon mercantile life, with fair prospects, that were blasted, after a few years, by a severe loss by fire, that deprived him of all his property. He then came across Lake Michigan, and, after spending a short time at Joliet, III, in 1842, came to Madison, where he resided until his death. For a time he served as a clerk with his cousin, Dr. Weston, who was one of the early merchants in Madison. In 1844, Mr. Dean commenced business with his brother, B. B. Dean, Jr., and for several years their store was the leading establishment in the place. They started business in the old Argua wooden building, on Main street, but soon located in what is known as the " Great Arcade Building," that stood on King street. This old Arcade building was removed several years ago, and is now known as the Pyncheon residence. In this building, N. W. and E. B. Dean were successful merchants for several years, keeping a general stock of dry goods, groceries and crock- ery, usually kept in small places. They were succeeded in business, in about 1849, by William N. Seymour and E. L. Varney. In a year or twq, N. W. Dean opened a store in his own name, and continued to be a leading merchant in Madison until 1857, when he retired finally from this line of business and afterward devoted his time in taking care of extensive real estate inter^ts, of which he had then become possessed, and to which he subsequently made large ad- ditions. He left a considerable estate in lands, located in various parts of Wisconsin and in other otates, extending into Kansas, where he owned a fine farm. His property and its great variety gave ample labor to Mr. Dean in its management, and to this work, he devoted a large portion 01 his time for more than twenty years. Mr. Dean was not engaged in prominent public enter- prises in Madison, to any considerable extent. He was a liberal contributor to the Congrega- tional Society, aiding in the erection of its church and in many other ways. He was a member of the Park Hotel Company and its largest stockholder. He erected, a few years ago, the brick block at the point centering on King and Pinckney streets, at the east corner of the square. As a business man, he was industrious and energetic and generally successful. As a politician, Mr. Dean did not meet the fondest hopes of his friends from the bright promise of his early years in Wisconsin, and possibly his life in this respect was hardly satis- toiy to his own ambition. For many years, there were but few men who were more popular 558 HISTOEY OF DANE COUNTY. with the people of the Territory, or who possessed brighter prospects for political preferment than did Mr. Dean. He was a man of fine personal address, of excellent ability, and a zealous Whig, so long as that party lived. His being a Whig prevented early promotion ; as, in Terri- torialdays, the Democrats had their own way in Wisconsin. In 1847, Mr. Dean wtis the Whig candidate for the Constitutional Convention and made a gallant run, but, his party being largely in the minority, he was unsuccessful. For several years he was a Regent of the Wisconsin University, and was active in promoting the aifairs of this institution in its early days, when it had to struggle hard for a respectable foothold. In 1856, Mr. Dean was elected a member oi the Assembly, and served faithfully and efficiently in that body. It was during the session he was a member, that the bill providing for the erection of the new capitol was passed, and he was entitled to much credit for the success of that measure. He became a Republican upon the organization of that party, and for many years was a zealous worker in it. Mr. Dean was a man of fine social qualities — intelligent, fluent in conversation, and attract- ive in manners. In society, he occupied a prominent position, and was extensively acquainted in all parts of the State, and in many other parts of the country. In 1847, Mr. Dean was married to Miss Harriet H. Morrison, daughter of the late James Morrison, of Madison. One child, a son, was born to them in 1849, but died when he was quite young. Mr. Dean died February 28, 1880. Timothy Brown was born at Elbridge, Onondaga Co., N. Y., July 24, 1823. His father, Squire M. Brown, was a well-to-do farmer of that town, and occupied a position of considerable prominence. He frequently represented his town in the County Board, and his district in the Legislature. He was an excellent, practical .agriculturist. The subject of this sketch, as a lad, worked on his father's farm ; received an academic education, and, at the age of seventeen, struck out for him- self From early childhood, he showed wonderful business qualifications ; was ever ready to trade, and always had something to sell. At the age of seventeen, Mr. Brown took a position in a country store at Jordan, near Syracuse, that was owned by George A. Mason, Esq., who had married his elder sister. Here our subject remained some two or three years, receiving small pay ; but when he left^ he had saved his earnings with much care — nothing had been wasted. He then received a position as book-keeper in the bank of Salina. His faithfulness to business soon earned promotion, and he became first teller and then cashier of that strong bank- ing institution. By frugality, he accumulated some means while in this bank. In 1855, he resigned his position as cashier of the Bank of Salina, and settled in Madison. He became cashier of the old " Dane County Bank," in which he also was a large stock- Jiolder, and remained in this position till 1864, when this bank adopted the natural banking laws and became the First National Bank, and for some years Mr. Brown acted as cashier of that bank and was a main stockholder in it. He afterward sold out a portion of his stock, resigned his position as cashier, and was, for a few years, Vice President of the institution, de- voting a large portion of his time to outside investments. He retained, to the time of his death, a small amount of the stock of that bank, and continued one of its directors and a member of the executive committee. His business experience and wise counsel were of importance to the man- agement of the institution. In 1870, Mr. Brown became the owner of a large portion of the stock of the Madison Gas Company, from which time he took almost exclusive charge of its affairs. He made important improvements in the works. He took a deep interest in the management, became thoroughly versed in what was the best machinery, and procured it. For about twenty years, Mr. Brown was a Director in the Madison Fire Insurance Com- pany — a member of the Executive Committee all the time — and for many years Treasurer of it. He was connected with many business enterprises in Madison, among which was the Mad- ison Manufacturing Company, and in all positions was of material service in promoting their CAMBRIDGE HISTORY or DAJSTB COUNTY. 561 interests. Where extensive business experience, sound judgment and a clear head were required, Timothy Brown was ever found ready, efficient and valuable. Mr. Brown was a man of retiring habits ; was wholly free from ambition for political pre- ferment always declining to be considered a candidate for official position. His services were demanded by the almost unanimous voice of the people of the county — as County Commissioner for a term or two — and no county ever had a more competent or faithful officer than he was dur- ing the brief time he could be induced to hold the office. This was the only public office, we believe that Mr. Brown permitted himself to hold, and he held this one against his own will, but greatly to the benefit of his county. The life of Mr. Brown was purely a business one. His integrity of character was never questioned. As a business man, he was a marked success ; capable, industrious, frugal, clear- headed and strictly honest, his business life could not fail of being attended with good results. Socially, Mr. Brown was a pleasant man. He was not what is generally understood to be a society man, as he shrank from it ; he disliked crowds ; but he enjoyed a small circle of friends and made himself very agreeable with them. He was also a very kind man to all in distress or who needed help ; many are the cases in the city where his means have been quietly used in making happy those who were in needy circumstances. These services were always performed without show. He obeyed in his works the Scripture injunction — not letting the left hand know what the right hand did. He disliked anything like a display in doing good. On the 6th of June, 1848, Mr. Brown was married to Miss Elizabeth Barnard. They have been blessed with two children, both sons. The family of Mr. Brown consisted of two brothers and one sister. The sister, the eldest of the family, was the wife of George A. Mason, and died some years ago, and the two brothers, one older and the other younger than Timothy, survive. Mr. Brown died at his residence ia Madison, November 15, 1879. OLE Bull. Ole Bornemann Bull was born at Bergen, Norway, February 5, 1810. His father, a druggist, who had destined him for the church, steadily repressed his passion for music. At the age of eighteen, he was placed at the University of Christiania, but, when he took the temporary charge of the orchestra at one of the theaters during the illness of the leader, his connection with the university was dissolved. In 1829, he went to Cassel to study with Spohr, but his playing bad so chilling an effect, that, in despair, he went to Gottingen and commenced the study of the law. His fondness for his art soon. interrupted this pursuit, and he went to Minden, where he gave his first concert abroad. He then went to Paris, where he was reduced to great straits. A lady, who saw in him a likeness to her deceased son, took him into her house, and he after- ward married her grand-daughter. The proceeds of his first concert which was held in Paris, April 18, 1832, gave him the means for a musical tour through Italy. The next seven years were spent in professional journeys through Italy, France, Germany, England and Russia, by which he acquired a handsome fortune. Returning to his native place in 1838, with his wife, he settled upon an estate which he had purchased in the neighborhood. At the end of five years, he came to the United States, and, after a career of great success, returned to Europe in 1845. ^urmg the next seven years, he gave concerts in the chief cities of the Continent, visited Algeria, made improvements in musical instruments, built a theater in Bergen and endeavored to awaken in Norway an interest for national schools of literature and art. He introduced political sentiments into the dramas performed at his theater, and was brought into collision with the police. Lawsuits, in 1852, dissipated a large portion of his fortune, and he once more 19n nftff"""*'^^' ^°^ *® ^^^ World, and purchased a large tract of uncultivated land, comprising "'""" *"es> in Potter County, Penn. A large number of families, to whom the lands were sola at a nominal price, gathered upon the spot, forming the germ of a colony, to which the name eana was given ; but at length the project was abandoned and the colony broken up. Ole resumed his concerts, and, in 1854, took a lease of the Academy of Music in New York, Q 562 HISTORY OF DANE COU]!TTT. with the intention of undertaking the- management of the Italian opera; but the enterprise proved disastrous. He then returned to Europe, and, in 1869, re-visited the United States where, in 1870, he made a second marriage, this time taking for his wife Miss Sarah C. Thorp of Madison, Wis., where, until his death, he had his American residence. He died at Lyso near Bergen, Norway, August 17, 1880. In speaking of his personal appearance, a Madison writer, a short time before his death said : " Were it not that his hair is as white as the snow which falls from heaven, the most careful observer of Mr. Bull's face and physique would say that he is not by a decade and a half as near the ' three score and ten ' mile-post as he really is. But Ole Bull will never grow old. His towering form is as straight as an arrow ; his soft gray eyes light up with youthful fire as he engages you in earnest conversation ; the grasp of his long, strong hands is as firm and hearty as a half-century ago ; his nerves, that have undergone the exhausting tension of a wonderful inspiration during his long and triumphant reign over the musical world, are as much under his control as when his boyish hand first grasped the bow. Fifty years of conquest over millions of hearts that have almost ceased to beat as he held his magical scepter over them, have not chilled the warmth of his noble nature nor made him conscious of his imperial power. Pame rests upon him lightly. One forgets Ole Bull, the worthy wearer of Paganini's crown, when talking with Ole Bull, the man. Suggest to him some phase of European politics, some evidence of the coming disinthralldom of thought and the establishment of liberal constitutional governments all over the monarchical territory of the continent, and the musician gives place to the enlightened and pro- gressive statesman. Let him discuss, in his animated, impetuous, yet candid and critical man- ner, the recent splendid triumph of republicanism in France, and you instinctively begin to speculate upon the resources of the protean intellect this man must possess." The same writer continues : " He is the welcome guest of every court in Europe. In every considerable town in the United States his face is familiar, and his music an historical event. He speaks fluently, besides his native tongue English, French, German and Italian, and possesses sufllcient knowl- edge of every European dialect to be at home in any province. He is also a classical scholar, and an enthusiastic patron of literature. He has done much to revive an interest in Norse literature and history. None of his mature life has been allowed to waste nor his splendid faculties to suffer by disuse. He is all fire and action. 01c Bull never consciously imitates; and this is the secret of his playing. For this reason, also, no artist can play his scores, neither does he himself play them twice alike. His music is materialized inspiration. His famous compositions are only written in his memory. The orchestras that have played his accompaniments have seen only their own parts ; Ole himself never saw a note of his own score written out. Hence bis compositions are personal — a part of himself. He is a great admirer of the national melodies of his own land, and has little love for anything that is void of a noble theme. His own music is the outward form of a sentiment, generally a patriotic, liberty -loving sentiment. " Speaking of the manner of holding a violin, Mr. Bull said that in his early attempts to play he endeavored to imitate the positions of great players, but found that he could do far better in a way of his own. 'The violin,' said Mr. Bull, 'being the national instrument of Norway, and interest in its management then running very high on account of the cotempo- rary artists, there were plenty of critics to condemn my style, but I clung to it. My independ- ence and my success gave me plenty of enemies. Why, when I first began to play in Germany, my staccato notes with full length of the bow were violently attacked by the critics. On account of the manner of holding the bow, none of the -artists had been able to execute successfully staccato notes with more than the lower half of it. The papers went so far as to say that my pretensions to do anything more than this were mere clap-trap, and warned the audiences to notice that when the Norwegian reached the middle of the bow the strain and exe- cution were taken up by an accomplice behind the scenes ! HISTORY OF DANE COUNTY. 563 "'When I first came to America in 1843,' continued Mr. Bull, ' I found plenty of critics, ■who pitched into me right and left. James Gordon Bennett, the elder, came to me one day and said " Mr. Ball, I notice that some of the busy newspaper writers are trying to prejudice the people against your playing. I want to say to you that the columns of the Herald are open to you at any time to defend yourself." I thanked him for his courtesy, and good- nilturedly replied that the critics might write and I would play, and trust to luck as to who should come out ahead. I never replied to the critics except with my bow, and I managed to make friends of most of them.' " The Madison writer continues : " One of his violins is a very ordinary looking affair, and to our uncritical eye appeared to be worth about 20 shillings. It is worth to Mr. Bull $25,000 —that is to say, he would not part with it for any sum which will ever be offered to him. This 13 the violin he uses in concerts. What a wonderful piece of work ! and what heavenly melo- dies its master can call out from it. It has held millions spell-bound, as its delicious notes have rolled out from under that inspired hand. There is no evidence of its value apparent. It is evidently old (about four hundred years), is perfectly plain in every part, the varnish is slightly effaced where it has come in contact with the chin, and that is all the writer could see about it. To be sure, there is a luster, deep and soft, about the varnish, but we should have guessed have guessed that any babinet-maker could have made the same effect had we not known different. " ' Why is it,' we asked, ' that the violin-makers of to-day cannot duplicate these instru- ments?' 'Because,' said Mr. Bull, 'they cannot secure the right kind of wood, and because the receipt for making the varnish used by Gaspar da Salo is a lost art. Ambitious violin- makers are doing all they can to discover how those old masters made their varnish, and have succeeded tolerably well in making a good article, but the Cremona school of makers died with *heir secret untold. There is a wealthy Parisian who owns a receipt which he will not divulge or a fortune. A Brooklyn man has made a few excellent instruments, but has not attempted ) go into the business on a large scale.' " The other violin which Mr. Bull showed us has an interesting history, which we will Uempt to relate as nearly as possible in his own language. This instrument is a gem f workmanship, and impresses one with its worth far more than the concert violin. It is as -ne-toned as the other, but Mr. Bull does not play it much in public, becau9»3 it is less powerful and the keys are so small there is danger of breaking them in impassioned execution. "'Why don't you have larger keys made?' we inquired. ' Because,' said Mr. Bull, ' that would necessitate marring the beauty of the carved work about them, aijd that I could not be induced to do ; ' and the bare suggestion affected him visibly. '"Tell us its history, please,' we begged ; and Mr. Bull said : " Gaspar da Salo, the only violin-maker who can be called the equal of Joseph Guanorius, hved and worked at the commencement of the sixteenth century. He had made a violin with so much care, and he was himself so satisfied with his work, that he desired Benvenuto Cellini to carve the neck. The head of the instrument forms a lovely cherub's face, which is sup- ported by a smaller head and a bust of a maiden, the features being of exquisite workman- ship. The rest of the neck is most beautifully cut and gilded, and the colors are clear and bright, though they are now over 300 years old, as the instrument was made in 1532. The wood from which Gaspar da Salo chose his material grew on the mountains between Brescia and Verona, where it was so finely developed by the even temperature prevailing there that the vems ot the wood are exactly an even distance apart. The mountains near Brescia are entirely denuded of trees. It is impossible to find such wood elsewhere, and the instruments of this master are unique in this respect, and cannot be imitated. Cardinal Adalbrandini bought Gaspar da balo's and Benvenuto Cellini's violin for 3,000 ducats, and presented it to the Treasury oi innspruck, from which it got its name of the ' Treasury Violin,' which it has since retained. When Innspruck was invaded by the French, in 1809, it came into possession of a soldier, who gave It over to Rhaczek for the insignificant sum of 400 guilden. 564 HISTORY OF DANE COUNTY. " 'In 1839, I visited Rhaczek^saw the violin, and bid all I possessed for the instrument offering as well the proceeds of the concerts I was then giving in Vienna. ' Give me the fourth of Vienna, and then we shall see,' was Rhaczek's reply. But he promised me if he ever parted with it I should have the preference. Two years later, in Leipsic, Liszt and Mendelssohn were dining with me, and while we sat at the table a servant brought in an envelope bearing a great seal, which I put one side. " ' Open your letter,' cried Liszt ; ' it has a large seal, and may be important.' It proved to be from the son of Rhaczek, and imparted the news of his father's death, and that ' a clause in his will directed that the Treasury violin should be sent to Ole Bull.' Of course my delight knew no bounds, and I told the good news to my friends. ' What a wonderful violin it must be to cost so much money,' said Mendelssohn. ' We must play the Kreutzer Sonata together the first time you use it in public' When the instrument came it was found that there was no bar in it ; and it had, therefore, never been played upon. As soon as possible, it was put in order, and, as Mendelssohn had suggested, it was consecrated to art by the playing of Beethoven's ' Sonata.' Its tone was found to be worthy of its great beauty. I paid the 4,000 ducats (|8,000), which was my standing offer for it, most willingly.' " Money could not buy it now, though Mr. Bull uses it before assemblages of a semi-private nature. When he is made the guest of his distinguished friends, he accedes to their request for music by playing the ' Treasury.' " Mr. Bull composes his music as he walks and talks. His most celebrated pieces were arranged under great pressure. We can only allude to a concert in ' B minor,' one of his most brilliant productions, that he arranged in Prague, upon which he worked two days and nights without cessation. This incident he related with a charming naivete, and we only wish space would allow us to report it here. His famous ' Polacca Guerriera ' has an equally interesting history, and we reproduce it here. Said Mr. Bull : ' In 1838, I spent three months in Rome, during the carnival. I lived in the same house with the celebrated Norse landscape painter, Thomas Eearnley, and was having a gay time with the artists then in the city. A concert was to be given the following night in Oasa Lepre, upon the programme of which I was announced for a still unwritten composition, entitled 'Polacca Guerriera.' Mr. Fearnley knew that not a single note of it had been written, and was greatly distressed lest I should make a total failure of it. He communicated his fear to his friends, who also besought me to go to work and leave pleasure alone. At 10 o'clock the night before the concert, Mr. Fearnley and I retired to our room, where the artist again implored me to compos? my piece. 'Now,' said I, ' I am sleepy, and am bound to have my rest.' At that I leaped into my bed and soon snored loudly. I heard my friend sorrowfully soliloquize,^'My conscience! what a reckless man he is, anyway; just hear him snore. Bull!' he shouted, 'Mr. Bull! won't you get up and go to work ? ' But I refused to stir. Fearnley finally went to sleep, and then I cautiously stole out of the room and began the scores for the orchestra. At 6 in the morning, all the parts were written out in short-hand and sent to the copyist. Then I noiselessly returned to my room and was soon asleep. Very soon Fearnley shouted, ' Bull ! Bull ! had you not better get up and write ? ' 'No,' I replied shortly, 'I wish you would let me take my rest.' ' This is terrible,' said poor, distracted Fearnley. At 3 o'clock in the afternoon, I stole away from my friends, and had a secret rehearsal with the orchestra, and the ' Polacca ' went off splendidly. Meeting Mr. Fearnley, who had sworn he would not ,go to the concert under any consideration, I said to him, 'How now, Fearnley, will you not go to the concert to-night?' "'No, indeed, I will not,' he answered; do you suppose I want to be a witness to your disgrace? You do not know the Italians; they will tear you to pieces.' " I told him to come, stand near the door and be ready to retreat at any moment. Albert Thorwaldsen, the famous sculptor, who had been of our party the day previous, was also m a great state of alarm about my apparent indifference, and just before the concert asked B"6*™' ley if I had yet done any work on the 'Polacca.' Mr. Fearnley assured "^im most dolefully that I had not written a note, and the two were utterly cast down in their sympathetic sorroV. HISTOBT OF DANE COUNTY. 565 Fearnley was a constant chewer of tobacco,'and used an enormous quantity at a time. When he was excited, the quid was made to gyrate vigorously from one cheek to the other, while he expectorated like a steam pump. Well, to cut the story short, the concert hour came, and the vast building was crowded. I played two numbers before the main piece came on, and in look- ing over the audience, I saw my anxious friends just inside the door, pale and disheartened. Finally the 'Polacca Guerriera' was announced, the orchestra took its place, and I began. Every part came in with perfect success, and I began to wonder how my friends felt. I looked over by the door, and there they were, faces beaming with surprise and delight, and what struck me most forcibly, was Fearnley's tobacco quid, which, even at my distance, I could distinctly see was changing positions with lightning rapidity. The Italians who were going to tear me to pieces seemed to go crazy with delight, and I was repeatedly recalled. In the midst of the applause, my how overjoyed friends appeared upon the stage, and Thorwaldsen actually embraced me in the presence of the audience." " Mr. Bull was next inquired of as to whether he had not had some lively experience in saving his violins from harm." "Yes," said Mr. Bull, laughing, " I have. One night, when my party was quietly floating down the Ohio River, the boat blew up, and 200 people were drowned. It was the 4th of December, and the water was fearfully cold. To add to the confusion, the boat was partly loaded with kerosene, which spread out over the water in one appalling sheet of flame. I seized my violin case, sought a place where there was the least kerosene and drowning people, and sprang into the river. It was midnight. When I reached the' bank I found it steep and of slippery clay. Though nearly drowned, I managed to throw the case up safely on shore, and, after a terrible struggle, followed it. It was an uninhabited section of country, and, though nearly frozen, I wandered about until morning before I found shelter. "Then, again, when in Iowa, one night, I was awakened by cries of fire, and found that the hotel was in flames. I was pretty well up to the top, and hence did not stop for ceremony. I caught up my violin case, groped my way down through the blinding smoke and appeared upon the street, where the thermometer was down to zero, arrayed simply in my night shirt. But I saved my violin." A writer in Bergen, Norway, gives this account of his funeral : " The hist sad rites are over, for the great man has now gone from us. It is impossible in the short space of a letter to give any idea of the honors which have been lavished upon him. King and peasant, all classes, have united in one universal testimony that ' Ole Bull was Nor- way's greatest man and most beloved son.' The first intelligence of his death was conveyed by the steamer Bjarne, which went into Bergen with its flag at half-mast. Instantly, as soon as it could be done, every flag in the harbor went down, and as the message spread, hundreds of flags all over Bergen, with the four on the common, which are never used save for royalty, were displayed at half-mast. The Common Council met at once and passed resolutions desiring that he should be interred in Bergen, and off'ering to Mrs. Bull the central place in the cemetery, a place which it had been decided should be always reserved for celebrations of the birthdays of diatinguiahed men buried there. It was desired for Christie, Norway's great statesman, whose statute is on the common, but was refused. It was given at once spontaneously, and a sub- scription started for a statue to Mr. Bull. The steamboats oSered their services free, and on inday after his death, 400 people came out to see his remains, leaving as many more which the boat could not carry. Yesterday, a large steamer, with 150 people who were invited, family and intimate friends, came out, and the funeral services were held in the hall where the remains lay in state. On Sunday, a steamer came to bring flowers, and his casket was loaded with exquisite floral designs, among which were a beautiful floral violin, crowns and wreaths. 'Fifteen large steamers met the one carrying his body, before reaching Bergen, and escorted it in, with signals fired, church bells ringing, and thousands upon the strand, and the streets, as far as could be seen, were one sea of heads. The quay was decorated and spread with green, as were also the streets through which the procession passed. The house where he was 566 HISTORY OF DANE COUNTY. born was decorated, and the procession halted while words were sung composed for the occasion. The body was borne from the steamer by peasants in uniform and placed upon a catafalque drawn by four black horses. The casket was so high that it could be seen above the multitude which filled the streets. His own American flag preceded him, and many more of beautiful designs. Twelve young ladies, with crape badges, bore his trophies, and all the city authorities were in the procession. Much, much more than I can describe, was done, all that human hands and human hearts inspired by the tenderest love, could devise. " The best of all, that which touched and thrilled every heart, was after the Bishop had ended. The grave, with the sides lined with flowers and the bottom covered, was in the most beautiful spot ever seen anywhere. Bjornson, himself a King, who came from Chris- tiania to attend the funeral ceremonies, arose, and, looking upon the casket below, covered and surrounded with flowers, pale and full of emotion, said : ' He was beloved, Ole Bull.' " Every heart seemed stunned, and the vast multitude, numbering not less than 25,000, were silent as the one below. Bjornson talked nearly an hour, and every word was a jewel. He thanked Mrs. Bull, for all present, that she had made his last days so happy, and said to all that Ole Bull's last request was that Norway should love and cherish his wife, who had loved him and smoothed his pathway. The half cannot be told; it should have been witnessed to be understood. The newspapers are doing what is only done for royalty, devoting one side for a week to notices, poems and sketches of his life, with mourning decorations. The King tele- graphed his condolence. Bjornson and Lund returned with the family to Lyso, and, as they left, signals were fired." William B. Slattghtee. William B. Slaughter published in 1878 a lengthy autobiography in a work entitled " Reminiscences of Distinguished Men," an abstract of which is here given : " I. was born on the 19th day of April, 1797, in the County of Culpeper, in the State of Virginia ; the son of Samuel and Francis Slaughter, both of English descent ; and both well educated. My father was an excellent Greek and Latin scholar, and his taste in English litera- ture was formed by reading such authors as Johnson, Addison, Goldsmith, Swift, Steele and Parnell. His children, of whom he had thirteen (three sons, of whom I was the eldest, and ten daughters), were educated at home in private classical schools under his own observation. I completed my education at William and Mary College ; although I was there but a short time and not a class student, I learned rapidly and rarely forgot what I learned. " From William and Mary College I went to Halifax County, Va., to study law with my uncle, William B. Banks, a man of genius, learning and eloquence. "During the two years I remained with my uncle I read law, history, commentaries on gov- ernment, the great speeches of the great men of the world on law and civil polity ; likewise the poems of Homer, Virgil, Dante, Camoens, Shakspeare, Milton and Byron, many of the strik- ing portions of which still remain in my memory. " The two years' confinement in my uncle's law oflSce was too severe a tax upon my nervous system, and my health gave way. I spent one summer at the White Sulphur Springs, receiving but little benefit ; the next in Culpeper among my relatives; and in October, 1824, I joineda party of three hundred persons who chartered a boat at Alexandria, Virginia, to take us to York- town to welcome the Marquis De La Fayette on the plains of York, on which Lord Cornwallis surrendered his sword to the American arms on the I9th of October, 1781. " Having recovered my health in 1825, 1 anticipated Horace Greeley's advice to young men, and went West. The most practicable mode of travel in those days was on horseback, and thus I proceeded on my journey. I reached Charlestown on the Kanawha, in October, 1825, remained there two months with my relatives, thence went to Lancaster, Ohio, where I became acquainted with Thomas Ewing, the first distinguished man I met in the West, and with whom I ibrmed a friendship that lasted during his life— a life fraught with honorable deeds, with pat- riotic sentiments, and with generous sympiithies. HISTOBT or DANE COUNTY. 567 " In January, 1826, I rode with his father on horseback from Lancaster, Ohio, to Columbus. "After remaining a week at Columbus, I proceeded on my journey to Kentucky, the then El Dorado of all Virginians, and the ' ultima thule ' of my heart's desires. On my way I spent one night at Circleville. "I arrived at Bardstown, Ky., in February, 1826, and found as many Slaughters as I left in Virginia, uncles, aunts and cousins innumerable, one of whom, the daughter of an uncle, I married. Kentucky was settled principally by Virginians, many of whom inherited the lands they lived on. " Through an uncle residing in Kentucky, a warm personal and political friend of Gen. Jackson I received an invitation to visit him, at the Hermitage, which I accepted in 1827. My uncle had published a pamphlet entitled '^Philo Jackson,' advocating his election to the Pres- idency which was distributed in almost every State in the Union. It was written with much vigor and doubtless had a decided effect. The General's gratitude to ray uncle was manifested by repeated acts of kindness to me. Through his influence, direct and indirect, I was retained in public office seven years. " I remained two years longer in Kentucky, reading and practicing law, and then pro- ceeded to Bedford, Ind., expecting to make it my future home. The second year of my resi- dence at Bedford I became a candidate for the Legislative Assembly and was elected ; during the session of the Legislature, Gen. Jackson's proclamation on the subject of the South Caro- lina Nullification was issued, which agitated the country from the center to the circumference. I was the author of the Indiana resolutions approving of that proclamation, which were passed in the Assembly with but ten dissenting voices, and by the Senate almost unanimously. The next year I was^appointed Register of the Land Office at Indianapolis, by Gen. Jackson, and the year following transferred to the land office at Green Bay, then in Michigan Territory. In December, 1835, I was elected a member of the Legislative Council of Michigan, which met at Green Bay January 1, 1836. I was, as a member of that body, the author of a memorial to Congress requesting the establishment of the Territory of Wisconsin, to embrace the Govern- ment lands west of Lake Michigan. The act of organization of the Territory went into effect on the 4th of July, 1836. In February, 1837, I was appointed by Gen. Jackson Secretary of the Territory of Wisconsin, for four years. At the close of my official term as Secretary, I retired to my farm near Madison, and was no more in public life until appointed by President Lincoln Commissary of Subsistence, in 1863, and in 1864 Quartermaster, and was stationed at Jefferson Barracks, Missouri. In the fall of 1864, I resigned both of these 'offices, and since then have remained in private life. I was occupied in 1875-76 in writing biographical sketches of the eminent and self-made, men of Wisconsin for the American Biographical Publishing Com- pany." Mr. Slaughter resigned the office of Register of the Land Office in 1841 . In May, 1837, he came to the " City of the Four Lakes," on Section 6, in the present town of Madison, a plat of which" City " was laid out and put on record July 7, 1836, by M. L. Martin, W. B. Slaugh- ter and J. D. Doty, Proprietors. Here he opened up a farm and made his residence until 1845, when he removed to his old home in Virginia ; but at the beginning of the late war (1861), he returned to Wisconsin, and located in the town of Middleton. He afterward moved to the city of Madison, where he resided at the time of his death, which occurred July 15, 1879. Edwaed G. Etan. Edward G. Ryan was born at New Castle House, in the county of Meath, Ireland, Novem- T V, ir ' ^^^ ^°^ °^ Edward Ryan, of New Castle House, and Abby, his wife, daughter of John Keogh, of Mount Jerome,'near Dublin. He was reared in the full sight of wealth, but oemg 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 reading of law in his native country, out, before completing it, he came to the United States in 1830, and resumed his studies in New 668 HISTORY OF DANE COUNTY. York, supporting himself, meanwhile, by giving lessons in private schools. He was admitted to the bar in 1836, and located in Chicago, in the fall of the same year, where he practiced his profession till 1842. During his residence in Chicago, he was editor of a paper called the 2W'6- une, which, we believe, was the commencement of the paper of that name now in Chicago though in reaching its present growth, it has absorbed several smaller publications. In 1842 feeling that his health was failing in Chicago, he was constrained to change his location, and after his marriage with the daughter of Capt. Hugh Graham, he located at Racine, in this State where he remained till 1848, when he removed to the city of Milwaukee. Mr. Ryan was Prosecuting Attorney in the Chicago Circuit; in 1840 and 1841 ; was a mem- ber of the Constitutional Convention in Wisconsin in 1846, representing the county of Racine. In this body he was one of the most conspicuous 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 Committee on the -Judiciary, and also a member of the Committee on Education. When he took his seat in the Convention, he was a stranger to most of the able and brilliant members of that body, and when he took the floor in discussion, they were very much astonished at his power, energy and eloquence as a debater. He advocated the extreme radical features of the old Constitution. In 1848, Mr. Ryan represented his party as a delegate in the National, Convention, held at Baltimore, that nominated Lewis Cass for the Presidency. During his practice in Milwaukee, Mr. Ryan had several law partners, among whom were the late Chief Justice Stowe, Matt H. Carpenter and William H. Lord. Mr. Ryan held the position of City Attorney in Milwaukee 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. On receiving his commission, he is reported to have remarked: " This is the sum- mit of my ambition ; this is the place to which I have looked ; but it has been so delayed that I had ceased to expect it ! " He immediately qualified and assumed the place upon the bench to which he had been appointed. Shortly afterward, the Potter railroad law, enacted by the Legis- lature of 1874, came before the courts. The leading cases were appealed to the Supreme Court, and the validity of the law was affirmed, the opinion being prepared by Chief Justice Ryan. He was elected to the high position, by the people, without opposition. He was 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 was an orator of great power, and many of his eff'orts equal those of the foremost men in the country. He was engaged in the prosecution of the impeachment trial against Levi Hubbell, before the State Senate, in in 1853, and his great argument in that case was remarkable for its power, its comprehensiveness, its lofty eloquence, and it ranks with the first efibrts 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 ease, as in all others in which he has been wigaged, he exhibited ability and legal research of the highest order ; and his arguments were able, forcible and effect- ive. The case was one of extreme importance, as fixing a precedent, and Mr. Ryan managed it with consummate skill and energy. In person, Mr. Ryan was five feet ten inches in height, weighed about one hundred and eighty pounds, neither of robust nor delicate frame, but muscular, sinewy and capable of much long and continued labor. His movements were quick and his step elastic. His complexion, was florid, his hair light, his eyes blue, large and expressive. The death of Chief Justice Ryan caused deep and sincere regret among the people of the State. His vast intellect and well-cultivated miiid gave him a high place among the distm- guished men of this country, as a writer, as a genial companion, as an orator and advocate, and as an eminent jurist. Few men possessed more refined and varied tastes than did Judge Ryan. His was a brilliant mind ; and the fact of his being thoroughly read on a great variety of sub- jects rendered his conversation extremely interesting and instructive, full of originality, and a times extremely humorous. His addresses were always models in rhetoric, and filled with eie- HISTOET OF DANE COUNTY. 569 Tated thought. He died iu Madison, October 19, 1880, and was buried in Milwaukee with honors becoming the position he had filled as Chief Justice of Wisconsin. Upon the death of Judge Ryan, the Chief Executive of Wisconsin, Got. W. B. Smith, issued the following order: State op Wisoonsin, Exeodtive Depaktmbnt, 1 Madison, October 19, 1880. / Mecutive Order, No. 1: It 18 my sad duty to announce to the people of Wisconsin, that, in the mysterious Providence of God, the life on earth of the Hon. Edward G. Kyan, the distinguished Chief Justice of our Supreme Court, is ended. He departed this life this morning, at about 5 o'clock, unexpectedly by his family and friends, but evidently not by himself. His great mind remained strong and serene to the last, in full comprehension of his physical condition and in apprehen- sion and consciousness of death, and he expressed clearly his last wishes to his family, and his abiding Christian faith and hope. A great man, an eminent citizen, and a high officer of State, to the sore bereavement of his family and friends, and to the irreparable loss of the public service, has fallen at his post, with the spotless ermine of a great judge still upon his shoulders. Less than one week ago he presided on the bench, and the bar of the State, interested in the present call of the calendar, stood before him in the full confidence and hope that he would yet long remain to dig- nify his high judicial office by his transcendent abilities, learning and refined sense of justice. But he has suddenly disappeared from amongst the living, and the high places which once knew him will know him no more forever. For about forty years he has been especially prominent in Wisconsin, and elsewhere widely known as one of the ablest and most eminent in his profession, and in many offices of trust and honor, and he has now closed his distinguished career by making especially eminent the office of Chief Justice of our Supreme Court, to which he was called by the unanimous vote of the people. To its high and responsible duties he has devoted the great learning, the clear judgment and the developed resources of one of the greatest minds of the age, as the mature fruits of his great experience and of his long and distinguished life. There remains no one who can in all respects fill the high place he ha« left vacant, and long years of time in our future history will bat illustrate, by memory and comparison, his unequaled abilities as a lawyer and a judge, and make still more conspicuous and indelible his impress upon the laws, politics and jurisprudence of the State. The people of Wisoonsin will deeply lament his death and sympathize with his bereaved family and friends. As a mark of respect to his memory, the Supreme Court room will be suitably draped in mourning, the ftag opoQ the capital displayed at half-mast, and on the day of the funeral the State Departments will be closed. WILLIAM E. SMITH, Governor. 670 HISTORY OF DAJiTE COUNTY. CHAPTER XL LiTBRATUBE*— AkT — ORATOET— COMMON SCHOOLS — ^DANE CoTJNTT PEBSS. LITBKATDRB. Ella Wheeler, a resident of the town of Westport, Dane County, stands at the head of the poets of Wisconsin. She has written "Drops of Water, " Shells," and " Maurine"' — three distinct poetical works. The first named has been re-published in London and in Australia. Her con- tributions, both in poetry and prose, are to be seen in all the leading magazines of America. Her poetical genius is recognized at home and abroad, as of the highest order. John Nader, a resident of Madison, has in press a work of much merit, on " The Tides." Mr. Nader has published several pamphlets of a scientific character, and has contributed many articles to the periodical press upon scientific subjects. Mrs. Dr. William H. Fox, of Oregon, has recently published under the now, de phm of Toler King, a novel entitled " Rose O'Connor." Mrs. Fox is an able and entertaining writer. J. B. Pradt came to Sheboygan in 1856, and to Madison in 1860, where he has since resided, except for two years. Mr. Pradt has presented numerous addresses, reports and papers before the State Teachers'Association, the first in 1857, on Moral and Religious Instruc- tion in Public Schools, the last on the Kindergarten, in 1880. He has frequently lectured before Teachers' Institutes and other audiences, and among others on the following subjects : "The English Language," "The Conservative and Progressive," "The Two Orders of Intel- lect," "The Arctic Regions,". " The Two Methods of Teaching." He issued five volumes of the Wisconsin Journal of Education, as editor and publisher, 1860-65 ; and has been co-editor and / publisher with successive State Superintendents, in theissueofthelastten volumes of the same pub- lication, 1870-1880. As Assistant State Superintendent, he has taken part in the preparation of twelve annual reports, from the office of the State Superintendent, and of S, school edition of the Constitution of the United States and that of Wisconsin. In 1874, he issued a pamphlet touching the election of a Bishop for the Protestant Episcopal Church in Wisconsin. William H. Rosenstengel, Professor in the University of Wisconsin, is the author of nearly all of the articles on literature in Klemm's History of German Literature. He has pub- lished " Lessons in German Grammar ;" also, a work on " Irregular Verbs." He has in manu- script a " German Scientific Reader " and a " German Classical Reader." He has corresponded extensively with German papers in this country and Germany, and has had considerable expe- rience as an editor. 0. M. Conover is a resident of Madison. In 1850, he edited in that city The Northwestern Journal of Education, Science and Q-eneral Literature. In 1864, he became Official Reporter of the Supreme Court of Wisconsin. Thirty-three volumes, beginning with No. XVI of the reports of that court, have each his name as Official Reporter, upon its title-page. With four excep- tions, these have all been prepared exclusively by him and printed under his supervision. To the outside world, literary work of such a nature must, of necessity, be but little known. Not so, however, to the bench and bar — and especially to the bench and bar of Wisconsin, who highly appreciate the legal as well as literary ability displayed in the preparation, arrangement, and publication of these reports. Arthur B. Braley, Municipal Judge of Dane County, is the author of numerous popu- lar and very excellent commentaries on most of the plays of Shakespeare. These have been •Amongthe authors of Dane County not mentioned in this article are William B. Slaughter, John Y. Smith, Stephen H.Carpent»,J»" B. Fenlingand W. J. L. Nicodemus. Particulars of the literary career of each of these men will be found in the biographical sketcnes oi lu » in the article entitled " Some of Dane County's Distinguished Dead."— Ed. HISTORY OF DANE COUNTY. 571 published in different newspapers in Wisconsin, and have been widely read. Other contributions to local periodicals by him evince a high order of talent as a writer. James C. Watson, Professor of Astronomy in the University of Wisconsin, and Director of the Washburn Observatory, has published, besides astronomical charts, a " Popular Treatise on Comets" (1860), and "Theoretical Astronomy" (1868). Pbof. David B. Feakenburger, of thc^University of Wisconsin, is the author of some excellent poetry. Of his published poems, those read before the literary societies and the Alumni Association of the University of Wisconsin are the longest. That he should have been thrice selected in seven years by the graduates of the institution, as poet, is a most emphatic recogni- tion of his talents in courting the muses. His first poem read before the association (1870) was entitled "My Old Home on a Rainy Day; " the second (1871), " The Bells that hung at Beth- lehem; " and the third (1877), " Our Welcome Home^To the Alumni." In his less pretentious efforts, there are many thoughts very beautiful indeed. Several are noticed in a poem published in June, 1870, entitled, "Like Vapor it Passeth Away " — lines dedicated to the memory of a young man accidentally killed while hunting on the banks of Dead Lake, Wisconsin. Says the writer : " On the wings of the morn, all scarlet and gray, Death came in our midst to sadden the day." After the particulars of the event are related, the anguish of the mother, upon hearing the ter- rible news, is thus left to the imagination of the reader : " Draw the curtains in close, tread soft on the floor, Tie up the bell's tongue, hang crape on the door, Let the sad-hearted mourners their lone watches keep, For loved ones must die, and mothers must weep." Then " In the fresh spring earth, mold out his lone bed, Where the willow trees weep o'er the home of the dead — " ends the poetic tribute to the memory of one whose young life went out so suddenly. The following strikingly beautiful and highly poetic passage is to be found in his last poem before the Alumni of the University — " Our Welcome Home : " " There is nothing dead in this world of ours ; The rock has life as well as the flowers ; The atoms are prisoned, but living still, Are waiting the call of a forming will ; ' And the humble place they hold this hour, Shall be changed in the next to one of power. Unlocked by the tread of our hasty feet, In the bloom of flower and fruit shall meet ; For back of rock and bird and tree, Throbs the same great heart of Deity." Charles Noble Gregory, a resident of Madison, has written mainly for the Chicago Tribune and the New York Evening Post. He writes mostly in verse. His poems have been extensively copied by the leading papers and periodicals of Boston, New York, Philadelphia, Washington, St. Louis and San Francisco. He is an earnest student of Wordsworth and the German poets, but his style is essentially his own. The following exquisite verses from his pen remind one very forcibly of Thomas Buchanan Read's " Closing Scene," in their " tranquil beauty " and " dreamy thoughts : " SEPTEMBES. " There sounds a rustling in the standing com ; There hangs a bright-cheeked apple on the bough ; And later lingers now the tardy morn, And even-shadows gather sooner now. " One crimson branch flames 'mid the maple-wood ; One red le»f hides amid the woodbine's green ; And clean-raked fields lie bare, where lately stood The tawny grain amid the summer's scene. 572 HISTORY OF DANE COUNTY. *' No more the fire-bird glows amid the grove ; The thrush, full-fed, flits tuneless by the way ; Bobin, of all the birds that piped their love, Whistles alone his plaintive roundelay. " The busy blackbirds driU their noisy troop. Yet, loath to leave, the Southern flight decline ; The sun-ripe grapes in purple clusters droop Amid the vineyards, or on cottage-vine : " While the still lake in tranquil beauty sleeps. And mirrors back broad skiqs and narrow shore ; For, like a good man's heart, its crystal deeps Earth's charms reflect, but Heaven's sereneness more. " Only the wild fowl, winging o'er its breast. Ripples the water tinged with sunset dyes ; Or one light zephyr, stealing from the West, Kisses the dimpling wave before it dies. " Blue gentians show 'mid meadow-grasses sere. And, from the stubble, shrill the crickets sing ; A requiescat o'er the failing year All sounds seem sadly cnorusing. " Peaceful the thoughts these quiet hours invite, When e'en the restless wind forgets to stir ; Happy this month, since all the ripe delight Of summer, softly tempered, follows her ; " Save that the skies, half-hid with golden haze. Bring dreamy thoughts of dear ones who are not ; Save that the soft air sighs of other days And other loves, still dear and unforgot ; " Save that the heart, amid the silence, hears Voices of yearning hope and mem'ry speak, Until the mist of inadvertent tears Clouds o'er the musing eye, and stains the cheek." Pbof. W. W. Daniels, of the University of Wisconsin, has written " The Chemistry of Bread Making," published in the transactions of the Wisconsin State Agricultural Society for 1870 ; " Some of the Relations of Science to Agriculture," delivered before an agricultural convention in Madison, Wis., 1871 ; " Laws of Heredity Applied to the Improvement of Dairy Cows," before the Northwestern Dairymen's Association at Elgin, 111., January 17, 1872; "Some of the Wants of American Farmers," Monroe County (Wisconsin) Fair, same year; " The Conservation of Forces Applied to the Feeding, Watering and Sheltering of Farm Stock," Northwestern Dairymen's Association, January, 1873 ; " Industrial Education," before an Agricultural Convention, Madison, 1873; "Hard Times — a Cause and a Remedy," State Fair, Milwaukee, September 8, 1874; "Objects and Methods of Soil Cultivation," StateAgri- cultural Convention of Wisconsin, 1875 ; " Chemical Principles of Stock-feeding," Wisconsin Dairymen's Association, January, 1877 ; " Health in Farmer's Homes," State Agricultural Convention of Wisconsin, 1878. Most of these addresses, as indicated by their titles, treated of the applications of science to' agriculture. Prof. Daniels is a member of the Wisconsin Academy of Sciences, Arts and Letters ; he haa read before it several papers of marked ability ; one on the " Results of the Analysis of Certain Ores and Minerals;" another on the "Absorption of Arsenic by the Human Liver;" a third on the " Results of the Analyses of Catlinite (pipe stonej, from Minnesota and Wisconsin ;" and a fourth on the " Retardation of the Wind in the Wisconsin Tornadoes of May 23, 1878. Prof Daniels has also written an able and interesting paper on these tornadoes, which is pub- lished in the report of the Regents of the University of Wisconsin for 1878, so much of which HISTORY OF DANE COUNTY. 573 as relates to the county of Dane, being reproduced in the next chapter of this work. Accompanyipg these "Investigations" is an accurate map of the tracks of the wind. Three plates illustrate the subject. He is also the author of an article on " Agriculture in Wisconsin," which is repro- duced in the preliminary part of this history. John C. Fkkbman, now a Professor in the University of Wisconsin, published in 1872, an edition of Xenophon's Memorabilia ; also the same year the Dialogues of Lucian. Prof. Free- man was one year the editor of a literary joutnal — the Michigan Magazine. He has contributed quite extensively to educational and political papers. Charlotte Eliza Lewis was born in Carbondale, Luzerne Co., Penn., on the 23d day of November, 1836. She was educated in the common schools of Battle Creek, Mich., and in Miss Lapham's Female Seminary of the same place. She was married to Henry M. Lewis, on the 1st day of September, 1857, in Madison, Wis., where she still resides. Mrs. Lewis commenced writing for the press in 1870. Her first contributions were pub- lished in the WiBcon%in Farmer, relating largely to horticulture. She has since corresponded with the. Maryland Farmer, the Fruit and Flower Magazine, Washington, D. C, and the Western Rural — all on the same subject. Several articles have also appeared from her pen, mostly on rural matters. A few charming stories for children written by her have appeared in the Young Folks' Monthly, Chicago. Her writings are characterized by a sweet simplicity, coupled with an elegance and clearness of diction that interests and pleases the reader. Pkof. Kerr, of the University of Wisconsin, though not a writer of books, has not been "silent" with his pen. His writings, as might be expected, have been largely upon educational topics ; for the professor is essentially an educationalist. His style is clear and vigorous ; his periods are well turned; his thoughts fresh and strong ; his imagination vivid and far reaching. With such a cast of mind, he could not refrain at times, if he would, from courting " the muses fair;" and, that he has done this effectively, the following brief extract, from, a poem entitled " Atlantis," abundantly shows : •' Back in those shadowy halls of time, Where passed a retinue sublime, Marching with such a sounding tread That the long echo is not dead Tho' twice a thousand years haye fled, Since wept for them the fair and young— Since mournfully the cypress hung Above them its funereal bough — Earth had her dreaming sons as now. They were the men who could discern The golden years once more return ; And in their dream of rapture, they Forgot the miseries of to-day." There runs through many of his poetic effusions a delicateness of feeling that is really attractive ; as, for example, in these verses from a poem entitled OOLLEQE DAYS. " Let US turn to those happy days of ours That were fresh with the odor and bloom of flowers; Let us look through the hazy atmosphere That OTer them hangs like a mist on the mere. " Those college days, they were wondrous fair ! — They were free from the haunting visage of care; Free from the bitter draughts, we drink ; As we sit by the wayside of life to think. " As wanderers on a distant shore Dream of a home they shall visit no more, And fix on the sea their longing gaze, Thus turn we to our college days." 674 HISTOBY OF DANE COUNTS. Professor Kerr has contributed liberally tD the periodical press of Wisconsin. Several educational addresses of his have also been published. J. W. Sterling, Vice President of the University of Wisconsin and Professor in that institution ever since its first organization, has written some excellent addresses and bacca- laureate sermons, which have been printed. A paper on " The Protection of Life and Prop- erty from Lightning," read before the Wisconsin State Agricultural Society in 1874, was afte^ ward highly commended by Prof. Henry, of the Smithsonian Institution. Ella A. Giles is a resident of the city of Madison. Her contributions to various periodicals are numerous. She is thi author of three works of fiction:, "Bachelor Ben" " Out from the Shadows," and " Maiden Rachel." These novels are well written and popular. Miss Giles takes high rank among American authors. 0. A. Wright, Secretary of the State Board of Charities and Reform, is now a resident of the city of Madison. An "Analysis of the Constitution of Wisconsin," and an "Analysis of the Constitution of the United States," are his principal works. Sara C. Bull, wife of the late world-renowned Ole Bull, has translated Jonas Lie's " The Pilot and His Wife," and " The Barque Future." Mrs. Bull has her home in Madison, She is now engaged upon a third translation from Lie's works, "The Man of Second Sight." These books indicate on the part of the translator much genius and learning. J. W. HoYT, now Governor of the Territory of Wyoming, a resident of Madison for many years, is a prolific and vigorous writer. His works consist of thirteen annual reports of the State Agricultural Society, and other reports on the " Resources and Progress of Wisconsin;" on the " London International Exhibition ;" on the "Paris Exposition Universelle ;" on the " Railroad Commission ;" a report as Chairman of the National University Committee ; a work on " Uni- versity Progress," and numerous monographs, industrial, educational and scientific. John Bascom, President of the University of Wisconsin, is an able and voluminous writer. His first work was upon "Political Economy," printed in 1859. He has since published "Esthetics," 1862; "Philosophy of Rhetoric," 1865; "The Principles of Psychology," 1869; "Science, Philosophy and Religion," 1871; "Philosophy of English Literature/' 1874; "A Philosophy of Religion," 1876; "Comparative Psychology," 1878; "Ethics," 1879; "Natural Theology," 1880 ; and "Science of the Mind," in preparation. Dr. Bascom's contributions to the periodical press have been numerous. They may be grouped under the general heads of metaphysics, social and economic questions, reviews, popu- lar essays, sermons, and agricultural addresses. The subjects discussed take an extended range. From January, 1866, to October, 1875, there were published from his pen, in the Bibliothm Sacra, not less than nineteen articles ; including among others, " Intuitive Ideas " and "Utilita- rianism," in 1866; "Conscience" and "Cause and Efiect," 1867; "The Human Intellect," 1870; "Instinct," 1871; "The Influence of the Press" and "The Influence of the Pulpit," , 1872; "The Nation" and "Taine's English Literature, 1873; "Prof Albert Hopkins'; and "Consciousness," in 1875. To the same periodical were communicated by him from October, 1867, to October, 1869, seven articles on the "Natural Theology of the Social Sciences." ^_ In the liforth American Review for April, 1857, appeared " Hickok's Empirical Psychology;' m the New Englander, October, 1862, " The Laws of Political Economy in their Moral Rela-^ tions;" and, in April of that year, in the same periodical, a "Review of Buckle's History of Civilization." To the Presbyterian Review, Prof. Bascom contributed, in 1866, "The rela- tions of Intuitions to Thought and Theology;" in 1869, "Consciousness: What is It?' In 1870, "Inspiration and the Historic Element in the Scriptures;" in July, 1871, " Darwin s Theory ; " in July, 1872, " Evolution." In December, 1869, in Putnam's Magazine, appeared a paper from his pen, entitled " The Foci of the Social Ellipse." Five of his agricultural addresses have been published, and eleven of his sermons ; of the latter, seven are baccalaureate. Prof. Edward A. Birge, of the University of Wisconsin, published in 1878, in the transactions of the "Wisconsin Academy of Arts, Sciences and Letters," "Notes on Clado- cera." He has in manuscript, the "Development of Panopoeus Sayi." Both these are papers on Crustacea; though technical, they are ably written. HISTOKY OF DANE COUNTY. 575 Lyman 0. Dbapek, Corresponding Secretary of the State Historical Society, has edited Tfith ability eight volumes of the collections of that institution. He prepared in 1869, aided by W. A. Oroffut, a work of over eight hundred pages, called " The Helping Hand : An American Home Book for Town and Country, Devoted to Farming Matters, Stock, Fruit Culture and Domestic Economy." This work has been printed, but has not yet been put in general circu- lation. In 1875, he completed, and has in manuscript a work on " The Mecklenburg Declara- tion of Independence." He and C. W. Butterfield, in 1876, completed "Border Forays and Adventures " which has not yet been published. During the present year (1880), he has writ- ten "King's Mountain and Its Heroes." He has also written several pamphlets and two elabo- rate school reports. J. E. Davibs, Professor in the University of Wisconsin, and a member of the Wisconsin Academy of Sciences, Arts and Letters, has read before the last-mentioned institution papers which have been printed in its transactions as follows : (1) " On Potentials, and their Application to Physical Science ; " (2) " Recent Progress in Theoretical Physics ; " (3) " The Magnetic Rotary Polarization of Light" — a continuation, in reality, of the paper last mentioned. These contributions not only evince careful thought upon the subjects they discuss, but also compre- hensiveness in the study of science generally. An article contributed to the State Board of Health of Wisconsin, by Prof Davies, upon " The Value of Vital Statistics," is a very able paper. Prof. Davies is an active co-laborer \ upon the United States Coast Survey. He has sent to the Superintendent of this work at Washington twenty-three manuscript volumes of records of horizontal angles of the trigonometrical survey of Wisconsin ; fourteen volumes of vertical angles ; ten volumes of records of measurement of the triangulation base line near Spring Green, Wis. ; two volumes of records of ordinary levels ; two volumes of reconnaissance for the triangulation of Wisconsin ; two volumes of descriptions of stations selected as triangulation points in Wiscon- sin ; five volumes of computations ; making in all fifty-eight manuscript volumes. He has nearly ready for the press a translation of a treatise on "Elliptic Functions." H. A. Tennby, a resident of the town of Madison, an old-time editor in Wisconsin, has written a genealogy of the Tenney family ; also several historical sketches of value. He has long contemplated a volume to be entitled " Early Humor in Wisconsin," and has this year (1880) written, in conjunction with David Atwood, a " Memorial Record of the Fathers of Wis- consin." J. B. Parkinson, Professor in the University of Wisconsin, has prepared several papers, which have been published, notably a very able one read before the Wisconsin State Agricultural Convention, in 1873, on "Production and Consumption, Demand and Supply." He has prepared courses of lectures upon " International Law and English Constitutional Law; " also partial courses upon "American Constitutional Law and Political Economy." None of these have been published. His article, entitled " Wealth, Capital and Credit," read before the Academy of Sciences, Arts and Letters, in 1880, is a valuable contribution to science. David Atwood, editor of the State Journal, Madison, besides many years of editorial work upon that paper, has written the following, which have been printed : " Annual Address before the Wisconsin Editorial Convention, in 1866 ; " " History of the Dane County Press," in 1865 ; ''Life and Character of L. P. Harvey," for the State Historical Society, in 1862; "Life and Character of B. F. Hopkins," in 1870 ; " Life and Character of George B. Smith," in 1879, for the State Historical Society; " Memorial Record of the Fathers of Wisconsin," with H. A. Tenney, in 1880. , , ■ William F. Allen, of the University of Wisconsin, wrote, in conjunction with his brother, T. P. Allen, the "Classical Hand-B^ok," which was published in 1861. He and Mother brother, J. H. Allen, in' 1868 and the year following, gave to the schools of the coun- ty the "Manual Latin Grammar," "Latin Lessons," and a "Latin Reader." "Latin ^composition," a work of his own, was published in 1870. Associated with his brother last named and with Prof. J. B. Greenough, of Harvard, he has edited " Select Orations of Cicero," 576 HISTOKY OF DANE COUNTY. 1873 ; " Cicero de Senectute," 1873 ; " Gai Salvsti Crispi de Catilinae Conivratione," 1874 • " Pvbli Virgili Maronis Bvcolica : Aeneidos I-VI," 1874; "Gai Ivli Caesaris de Bello Gal- ileo," 1874; "Pvbli Ovidi Nasonis Poemata Qvaedam Excerpta," 1875. For all these, the particular work of Prof. Allen has been the furnishing of historical and antiquarian matter. The philological and grammatical portions were written by Prof. Greenough, while the general editing was attended to by Prof. J. H. Allen. To general literature, Prof. Allen, associated with C. P. Ware and Lucy M. Garrison, gave, in 1867, a unique volume, unpretending in size, entitled " Slave Songs of the United States." Prof. Allen has written much for reviews. Notable among his contributions to periodicals of that class are: "Recent German Works on Roman History," 1857, in the North American Review; " Rawlinson's Herodotus," Christian Examiner, 1859; "Slavery in Rome," North American Review, 1860 ; " The Future of the South," 1862; "Democracy on Trial," 1863; "The Freedmen and Free Labor in the South," 1864; "South Carolina," 1865; "The American Executive," 1866 ; " Our Colleges," 1867 — all to be found in the columns of the Christian Examiner. In 1871, he contributed to the North American Review " The Religion of Ancient Greece; " and, in the same year, to the Christian Examiner, " The Caucus Sys- tem." He has been a constant contributor to the Nation almost since its establishment. We find in Hours at Home, in 1870, "A Day with a Roman Gentleman; " and, in 1871, in the North American Review, " The Religion of the Ancient Romans," probably the ablest of all his papers given to the press. In Prof. Allen's published address upon "Agriculture in the Middle Ages," delivered on the 8th of February, 1877, before the Wisconsin State Agricultural and Horticultural Conven- tion, in Madison, are to be found not only practical thoughts upon agriculture but a number of interesting historical references bearing upon that subject. He has read before the Wisconsin Academy of Science, Art and Letters, papers on " The Rural Population of England as Class- ified in Domesday Book ; " " The Rural Classes of England in the Thirteenth Century;" "United States Sovereignty: Whence Derived and When Vested ; " "Peasant Communities in France," and "The Origin of the Freeholders." He has just published a new edition of " The Agricola of Tacitus." Charles George Mayers, of Madison, is the author of two dramas — " The Three Crosses " and " Waves " — besides several smaller pieces. " Waves " was brought out at Wallacl's Theater in New York in 1877. He is a ready and easy prose writer, and is also the author of a few poems. He read the poem at the meeting of the Society of the Army of the Tennessee, at Toledo, in 1873. The reading was frequently interrupted by enthusiastic applause by the large audience assembled at Wheeler's Opera House. He has completed three of a series of what he calls " The Songs of the Lakes." From one of these poems, entitled "Mendota," an extract has been given in a previous chapter. A. C. Pennock, a resident of the city of Madison, has published " The Fall and Rescue of Man." Mr. Pennock has also written and published " The Problem of Evil, or Theory and Theology." A volume of poetry written by him has not yet been given to the public. James D. Butler, a resident of Madison, was born in Rutland, Vt., March 15, 1815, grad- uating at Middlebury College, in that State, in 1836. Among his publications, besides a col- lection of fugitive poems, are " Nebraska : its Characteristics and Prospects," " Incentives to Mental Culture among Teachers," " Naming of America," "A Defense of Classical Studies," " Scenes in the Life of Christ," " Catalogue of Coins and Medals," " Armsmear," " Prehistoric Wisconsin," "Nebraska in 1877" and "American Pre-Revolutionary Bibliography." He has also written many articles for the Bihliotheoa Sacra and other periodicals. Prof. Roland D. Irving, of the University of Wisconsin, and Assistant State Geologist, has given to the world, in the " Geology of Wisconsin " (Vol. II), the results of his survey of the central portions of the State, in 1875 and following years. His report forms Part III of that work. It treats of (1) " Surface features of Central Wisconsin ; " (2) " General Geological Struct- -*«'? ^" « 1 MADISON. HISTORY or DANE COUNTY. 579 ure of Central Wisconsin ; " (3) " The Archaean Rocks ; " (4) " The Lower Silurian Rocks ; ' ' and (5) " Quaternary Deposits." Of especial interest in this valuable contribution to the geology of the country, are the minute discussions of the river system of Central Wisconsin ; a careful study of the interesting kaolin deposits in Wood County, an exhaustive discussion of the isolated Archaean areas including the Baraboo Ranges ; the discrimination of the Mendota and Madison limestones, and the location of the outline of the drift area. Prof. Irving's report is the only comprehensive one ever made upon the geology of Central Wisconsin. It is well written and has received marked attention from scientists generally. The direction of the geological survey of Wisconsin was placed in charge of Prof. T. C, Chamberlin, of Beloit College, in February, 1876 — the commissioned assistants retaining their connection therewith as before. Prof. Irving, besides some work in Central Wisconsin, contin- ued his examination of the iron and copper-bearing series of Ashlaad County, begun in 1873. For the next season, it was planned that his careful, detailed magnetic and geological survey in the vicinity of Penokee Gap should be continued eastwaid to the Potato River. For the year 1878, Prof. Irving was occupied, during that portion of his time given to the geological survey, in the completion of a final report on the " Geology of'Northern Wisconsin." This appears in the "Geology of Wisconsin" (Vol. III). It is of equal value, if not superior, to his report on Central Wisconsin. Prof. Irving has contributed a number of able articles to the American Journal of Science and Arts (Silliman's) : (1) "' On the Age of Quartzites, Schists, and Conglomerates of Sauk County, Wisconsin," February, 1872; (2) "Note on the Age of the Metamorphic Rocks of Portland, Dodge County, Wisconsin," April, 1873 ; (3) '' On the Age of the Copper-Bearing Rocks of Lake Superior," July, 1874; (4) "Note on Some New Points in the Elementary Stratification of the Primordial and Canadian Rocks of South Central Wisconsin," June, 1875; (5) "Note on the Youngest Huronian Rocks South of Lake Superior," June, 1876 ; (6) " On the Age of the Crystalline Rocks in Wisconsin," April, 1877 ; (7) " Origin of the Driftless Re- gion of the Northwest," April, 1878 ; (8) " Stratigraphy of the Huronian Rocks of Lake Supe- rior." As a member of the Wisconsin Academy of Sciences, Arts and Letters, Prof. Irving has contributed to its " Transactions " several papers of merit : (1) " On Some Points in the Geology of Northern Wisconsin ; " (2) " On a Hand Specimen, Showing the Exact Junction of the Primor- dial Sandstones and Huronian Schists ;" (3) " On the Occurrence of Gold and Silver in Minute Quantities in Quartz from Clark County, Wisconsin." A contribution by him, reproduced in the preliminary part of this history, on the " Mineral Resources " of the State, is a valuable and highly interesting article. Prof. Irving has also published, in Volume VIII of " The Transactions of the American Institute of Mining Engineering," an essay on the mineral resources of Wis- consin. Rasmus B. Anderson, Professor in the University of Wisconsin, is, for his age, one of the most prolific writers of the country. As a contributor to the periodical press and as an author of books for general reading, no other citizen of Wisconsin has gained a more extended reputa- tion. His first contributigns to the press were made in 1865, at the age of nineteen. Since then, he has written extensively for newspapers'and magazines, published in the Norwegian language, in the United States and Norway. Tt^ese articles are, to some extent,. upon history and belles- i i^'it' ''"' ^^'^ '^'"S*"" portion are pdemic. Among these .contributions are to be found " Runer ;" ' J^olkefrihedens Vugge stod i Norge;" " C. ,C. Rafn— Biografisk Skizze ;" " Oplysningens JNytte 1 timelig Henseende," and numerous othlij-s of recognized ability. In the English language. Prof. Anderson has supplied papers to be found in the Atlantic monthly, the Nation, the Christian at Work, Inland Monthly, Frank Leslies Sunday Mag- azine, Mobinson's Epitome of Literature, the Library Table, and others ; to the English press, tti icles to be found in various periodicals, especially in the London Academy. His contribu- lons to the daily papers, East and West, in the United States, have been numerous. His con- 580 HISTORY OF DANE COUNTY. nection with " Osszehasonlito Irodalomtortenelmi Lapok"* has been interesting and quite exten- sive. This polyglot journal is published by the professors of the Royal University of Hungary. In it, he has published a number of articles both in poetry and in prose. It is a periodical cir- culating among scholars in every quarter of the globe. Prof. Anderson began his successful and enviable career as an author of books, by eivins to the world, in 1872, " Julegave " — a work in Norwegian. It is a collection of Norse folk-lore stories, and has reached its third edition. In 1874, Prof. Anderson published another Norwegian book — his second effort for public favor. The work was entitled " Den Norske Maalsag" — it being an account of the movement to restore a national language in Norway. Prof. Anderson now entered upon a larger field of literature, which he has since cultivated with even more success than the other. His first book in the English language was "America not Discovered by Columbus;" third edition, in 1877. This work has been received with marked attention at home and abroad. This history is an attempt to place (what the author believes to be) the facts of the Norse discovery of America in the tenth century, within the reach of all ; and to show, by a chain of circumstantial evidence, that Columbus, before sailing upon his famous voyage in 1492, was in possession of knowledge of the Norse discovery. The book has been twice translated into the Norwegian language — once, into modern Norwegian, and again into the tongue advocated by the author's " Maalsag." In 1875, Prof. Anderson published his " Norse Mythology." This is his largest work, and the one upon which rests, to a great extent, his excellent literary reputation. It is an exhaust- ive and systematic presentation of the Odinic religion of the old Teutons, based on the Icelandic Eddas and Sagas. Few books have been more extensively or more generously noticed by the press of America. In Europe, its reception has been equally cordial. English, French, Ger- man and Scandinavian journals gave it, and are still giving it, elaborate and most favorable notices. It is now being translated into Italian by the Italian poet, Thomasso Canizzaro, oi Messina, Sicily, and will be published in 1881, in Milan. Prof. Anderson's " Viking Tales of the North " was issued from the press in 1877. It is a literary study of Tegner's celebrated Fridthjof's Saga, giving, in an English translation, the Saga material, out of which Tegner fashioned his poem, giving, furthermore, an introduction on Saga literature, also a biography of Tegner, and, by way of an appendix, Prof. Stephen's En- glish translation of the poem, the whole carefully annotated by Prof. Anderson. Prof. Anderson published, in December, 1879, " The Younger Edda," which contains more of that ancient work than any previous translation into any language, and whose preface, intro- duction, vocabulary and explanatory notes combine to enhance its worth. His latest work was the introduction of over fifty pages to Auber Forestier's translation of Janson's " Spell Bound Fiddler," containing more about Ole Bull thaii has ever before been published in English. Prof. Anderson is now at work upon a book to be entitled '' Violins and Violin-Makers, all the notes for which were taken down by him from the lips of Ole Bull. He has in hand, also, a translation from Icelandic of the "Elder Edda" in two volumes, "A Guide into Teutondom" (one volume), and " Folk-lore Stories, from the Norse " (one volume). He has, likewise, other literary enterprises under way, prominent among which are an English Version of the Finnish national' epic, " Kalevala," and an extensive and thorough study of the Magyar poet Petofi, whom he hopes soon to introduce to the English-speaking public. The chief of Prof. Anderson's prose translations is " Charcoal Burners," from the Swedish. This work was annotated and published in the English language by Prof. Nicodem us, lately deceased. From the Norwegian, Prof. Anderson has translated for the Smithsonian Institution, among other articles, an account of the Norwegian North Sea exploration, by Prof. George 0. Sars. He has translated a large number of poems from Norwegian, Swedish and Icelandic. *" Journal of CompnratiTe Literature;" — "[Latin] Acta Goniparationis Literarvm Vniversarum ;"— " [Oerman] Zeitschrift ftir Terglefc - ende Litteratu r ;"—" [Portuguese] Folhas