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A BRIEF HISTORY OF THE ELECTIVE FRANCHISE IN

WISCONSIN.

BY FLORENCE ELIZABETH BAKER, A. B.

[Paper presented at the Forty-First Annual Meeting of the State Historical Society of Wisconsin, December 14, 1893.]

The early history of the elective franchise in Wisconsin is so intimately connected with its history in the other states of the Northwest Territory, that it is scarcely necessary to rewrite it here. Her fifty-four thousand square miles of territory, with its sparse population of fur-traders and lead miners, were governed in turn by Indiana (1800), Illinois (1809), and finally by Michigan (1818), when Illinois took her place among the states of the union.' Still in those early days occasional mention may be found in some pioneer newspaper of the part that what is now Wisconsin played in an election. In June of 1825, we discover a Detroit paper stopping its press "to announce that the schooner Harriet arrived this morning from Green Bay and Mackinac, bringing the intelligence that Mr. Biddle received eighty-two votes at Green Bay and forty-two on the Island of Mackinac. Mr. Wing received at the former place thirtyfour and at the latter eighteen and Mr. Richard two at Mackinac."

"2

In 1830 the counties of Brown, Crawford, Chippewa, and Iowa, which included part of Wisconsin Territory, but were then in Michigan Territory, were exempted from the operation of the law requiring freehold security to be given for any purpose, or as a qualification for office."

'U. S. Statutes at Large, ii., pp. 58, 514; iii., p. 428. See also Thwaites's "Boundaries of Wisconsin," Wis. Hist. Colls., xi.

'Detroit Gazette [June 14], 1825.

8 Michigan Territorial Laws, iìi., p. 831.

With the organization of the Territory, however, the separate existence of Wisconsin began. The agitation looking towards this result had been begun in congress by James Duane Doty as early as 1824, but not until April 20, 1836, did the bill pass.' It went into effect the 4th of July following. By the terms of the bill, the executive power was vested in a governor, who was subject to removal by the president. He had the usual powers of a Territorial governor, and was also superintendent of Indian affairs. There was also a Territorial secretary. The legislative assembly, which was to consist of a council and house of representatives, was elected by the qualified voters. At the first election, every free white male citizen of the United States, above the age of twenty-one years, who was an inhabitant of the Territory, was entitled to vote, and was eligible to any office in the Territory. The qualifications at subsequent elections were to be decided by the legislative assembly, provided, that the right of suffrage should be exercised only by citizens of the United States. All township and county officers, except judicial officers, justices of the peace, sheriffs, and clerks of court, were elected by the people. The chief justice and his associates, the attorney-general, and marshal, were appointed by the president; and all other civil offices not otherwise provided for were filled by the governor."

The first election was held on the second Monday of October, 1836, and although the time intervening between the governor's proclamation and the election was barely a month, the first campaign excited considerable interest. The legislature elected at that time met at Belmont, in the present county of La Fayette, later in the month.

until 1838 that we find recorded "An act providing for, and regulating, general elections in this Territory." The twelfth section thereof prescribes the qualifications of an elector: He must be twenty-one years old; a free, white, male citizen, or a foreigner duly naturalized; and must U. S. Statutes at Large, v., pp. 10-16. Ibid., pp. 11 13.

have had a six months' residence in the Territory. The manner of voting was prescribed by section ten: The elector must hand a folded ballot to the judges, "who shall deposit the same immediately into a general ballotbox, prepared for that purpose, and the clerk shall take down the name of all such voters;" the polls were to be opened at nine and closed at six, but the closing of the polls might be postponed until nine, if the judges of election deemed such course necessary to receive all the votes.1

During the first few years of Territorial history party organization does not appear to have played an important part in the elections. In 1838, however, we find James Duane Doty, who was nominated by the citizens of Brown county as an independent candidate for Territorial delegate, writing thus to his fellow-citizens:

"I hope, there

fore, my friends will permit me to decline the acceptance of their nomination as the nomination of a single county, and to express my desire, if it accords with their wishes, that they should submit my name to a general convention, and to tender them my thanks for the honor they have done me.'

"2

In accordance with this suggestion, a convention of delegates from several, but not all, of the counties, met at Madison on the 29th of August, and regularly nominated Doty, his opponent being George W. Jones, who had been placed in the field by public meetings held at Milwaukee and Mineral Point the 11th of July. Thus Wisconsin had seen the starting of its party machinery.

The next year national politics entered into the local elections. The first demonstration was a democratic primary held at Mineral Point, which called on the democrats of the several counties to organize, and "to correspond frequently with each other to promote general harmony and concert."3 On the 18th of June a "Territo

'Laws of Wisconsin, 1836-1833, p. 404.

'Strong, History of Wisconsin Territory, p. 270.

* Ibid., p. 291.

rial Convention

- the result of a people's movement in met at Madison; and the next

Brown and Dane counties day, at the same place, the "Democratic Territorial Convention," the outcome of the Mineral Point meeting. The first nominated Judge Doty for delegate, and the second Byron Kilbourn. Each of these conventions expressed its opinions of the other in a series of resolutions, which at the present date appear more ridiculous than dignified or forceful.'

Hardly was the Territory organized when an agitation for state government was begun. In his messages to the legislatures of 1838-39, and 1839-40, Governor Dodge recommended that the question be submitted to the people." The three succeeding years it was defeated by overwhelming majorities, and the next two years the bills for submission were defeated in the legislature. In connection with the election of 1844, negro suffrage was for the first time brought to public attention. The petition of six colored men was presented in the council, praying that the right of suffrage be extended to all persons holding real estate in the Territory, or taxable property to the value of one hundred dollars.3 It was referred to a select committee, who reported an amendment to the bill regulating elections, which amendment failed of adoption. In the house a similar petition was presented, and referred to a committee, which reported that "it is not expedient to legislate on the subject."

4

During the year 1845 the fact that the people wanted a state government became apparent, and early in 1846 the preliminary measures were passed by congress and the Territorial legislature. On the 5th of January. 1846, the legislature convened at Madison. Governor Dodge submitted his message,' and as much of it as related to state

1 Ibid., p. 293.

2 House Jour., Wis. Terr. Legis., 1838, p. 6; 1839, p. 9. Council Jour., Wis. Terr. Legis., 1844-1845, p. 230.

4 House Jour., Wis. Terr. Legis., 1843-44, pp. 167, 336. 5 Id., 1846, p. 12.

"13

government was referred to a committee,' which submitted an able report in favor of early state formation, accompanied by a bill for the purpose. This bill, amended in some of its details, became a law. Under its provisions, "every white male inhabitant above the age of twenty-one years, who shall have resided in the Territory six months next previous thereto, and who shall either be a citizen of the United States, or shall have filed his declaration of intention to become such according to the laws of the United States on the subject of naturalization,' was authorized to vote for or against the formation of a state government on the first Monday of April, 1846. If the majority were for state government, the governor was to make an apportionment of delegates among the several counties for a convention to form a state constitution. The delegates having been duly elected were to meet at the capital on the first Monday of October, with full power to form a constitution, which should be submitted to the people for ratification, in such manner and at such time as the convention should prescribe."

The vote of the people was about six to one in favor of state government, and accordingly the constitutional convention of 1846 assembled. Among its members were many who later obtained prominence in local affairs, and some who are not unknown throughout the United States. After the usual organization and preliminary business there were appointed twenty-two committees. The report of the committee on suffrage and the elective franchise was the second to engage the attention of the delegates. Unfortunately the debates on the suffrage were in the committee

'Ibid., pp. 29, 32.

Council Jour., Wis. Terr. Legis., 1846, pp. 44, 333.

* Laws of Wisconsin, 1846, pp. 5-12, sec. 1.

Ibid., sec. 11.

5 Ibid., sec. 16.

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Council Jour., Wis. Terr. Legis., Oct., 1847, p. 60.

*See Tenney and Atwood, Fathers of Wisconsin, containing biographical sketches of members of the two constitutional conventions. Jour. Const. Conv., 1846, pp. 18, 19, 29.

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