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 The Territory now, by its legislature, repealed all the laws authorizing a loan, and all which contemplated the expenditure of any money on its part in constructing the canal.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 Vineyard. 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 of habeas corpus, and admitted to bail. He was afterward indicted for manslaughter, 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 December, 1842. The members had been elected under a new apportionment based upon a census taken in the previous June, which showed a total population for the Territory of forty-six thousand six hundred and seventy-eight-an increase of nearly ten thousand in two years. A political 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 character. 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 according 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 September, 1843, re-elected, taking his seat for the first time on his second term at the commencement 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

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 fiftynine 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 general election to be held in September following. The proposition did not succeed at the ballotbox. 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 meetings. Governor Doty having persisted in spelling Wisconsin with a "k" and an “a”—Wiskonsan-and some of the people having adopted his method, it was thought by this legislature a matter of sufficient importance to be checked. So, by a joint resolution, the orthographyWisconsin-employed in the organic act, was adopted as the 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. Tallmadge, the latter having been appointed on the twenty-first of June, 1844. On the thirty-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 legislative 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 construction of a 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 construction 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 Tallmadge, 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 or 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

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 of January, Governor Dodge appointed A. Hyatt Smith attorney general of the Territory. On the twentyfourth 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 hundred 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 December, 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 commenced 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 concerning 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 sine die 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, Calumet, 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 northeast corner of the State of Illinois - that is to say, at a point in the center of Lake Michigan

where the line of forty-two degrees and thirty minutes of north latitude crosses the same; thence running with the boundary line of the State of Michigan, 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 Montreal river to the middle of Lake Superior; thence through the center of Lake Superior to the mouth of the St. Louis river; thence up the main channel of said river to the first rapids in the same, above the Indian village, according to 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 parallei 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 its eastern 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 Michigan 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, Crawford, 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 government for the State, on Monday, the 5th day of June, 1848. Ninean E. Whiteside was elected speaker of the assembly, and Henry Billings president of the senate, pro 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 8th of May previous, for the State officers and the two representatives in congress. On the same

day, the governor, lieutenant governor, secretary of state, treasurer, and attorney general, were 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 and eighty-nine. William P. Lynde's majority in the first district, for congress, over Edward V. Whiton, whig, was two thousand four hundred and forty-seven. Mason C. Darling's majority in the second district, over Alexander L. Collins, whig, was two thousand eight hundred and fortysix. As the thirtieth congress, to which Lynde and Darling were elected would expire on the 4th 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 jurisdiction 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 within 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 constitution 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 its 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 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, 1851, 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