Agency Reports
State of Wisconsin
Claims Board
Madison
March 4, 1998
To the Honorable, the Assembly:
Enclosed is the report of the State Claims Board covering the claims heard on February 19, 1998.
The amounts recommended for payment under $5,000 on claims included in this report have, under the provisions of s. 16.007, Stats., been paid directly by the Board.
The Board is preparing the bill(s) on the recommended award(s) over $5,000, if any, and will submit such to the Joint Finance Committee for legislative introduction.
This report is for the information of the Legislature. The Board would appreciate your acceptance and spreading of it upon the Journal to inform the members of the Legislature.
Sincerely,
Edward D. Main
Secretary, Claims Board
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Motions
Representative Meyer asked unanimous consent to be withdrawn as a coauthor of Assembly Bill 745. Granted.
Representative Plale asked unanimous consent to be withdrawn as a coauthor of Assembly Bill 745. Granted.
Representative La Fave asked unanimous consent to be withdrawn as a coauthor of Assembly Bill 745. Granted.
Representative Handrick asked unanimous consent to be made a coauthor of Assembly Joint Resolution 79. Granted.
Representative Green asked unanimous consent to be made a coauthor of Assembly Joint Resolution 108 and Assembly Bill 308. Granted.
Representative Wasserman asked unanimous consent to be withdrawn as a coauthor of Assembly Bill 857. Granted.
Representative Hubler asked unanimous consent that the rules be suspended and that Assembly Resolution 18 be introduced and taken up at this time. Granted.
Assembly Resolution 18
Relating to: proclaiming Chosin Few Day.
By Representatives Hubler, Musser and Schneider.
The question was: Shall Assembly Resolution 18 be adopted?
Motion carried.
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Calendar of Tuesday, March 10
Assembly Bill 50
Relating to: the operation of all-terrain vehicles by minors.
A625 Representative Foti asked unanimous consent that Assembly Bill 50 be laid on the table. Granted.
Representative Green asked unanimous consent that the Assembly stand recessed. Granted.
The Assembly stood recessed.
11:20 A.M.
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RECESS
2:40 P.M.
The Assembly reconvened.
Speaker Pro Tempore Freese in the chair.
Representative Foti asked unanimous consent that the speeches of retired Chief Justice Nathan S. Heffernan and Representative Spencer Coggs, which were made on January 14, 1998 when the Assembly met in the Council House at the First Capitol Historic Site in Belmont to celebrate Wisconsin's Sesquicentennial, be reprinted in today's Assembly Journal. Granted.
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WISCONSIN STATE ASSEMBLY SESSION
IN THE COUNCIL HOUSE
AT THE FIRST CAPITOL
HISTORIC SITE IN BELMONT
1:30 P.M.
Wednesday
January 14, 1998
Nathan S. Heffernan
Chief Justice (Retired)
Wisconsin Supreme Court
"Governor Thompson, Mr. Speaker Jensen, Speaker Pro Tempore Freese, distinguished members of the Wisconsin Assembly and friends, it is a great honor to appear before this distinguished group on this historic occasion. We meet here today not only to commemorate the historic event of the first legislative session of the Wisconsin territory in 1836 to 1837, but we are also here for an event that is in itself historic: the first meeting of the state assembly outside of Madison, and as the initial event in the celebration of Wisconsin's 150th year of statehood.
But today, here in old Belmont, I will talk about the Wisconsin --territory's first legislature. To get a better perspective of what this area near Belmont was like in the early and mid-1830's. I will commence my remarks with excerpts from the recollections of a typical pioneer of territorial days. His name was Samuel Druen. Samuel Druen was in his early 20's when he came up the Mississippi from Missouri in response to the lead strike. I wish I had time to read more of his pioneer recollections but I think brief excerpts will give you some of the flavor of the times. I quote Sam Druen:
"I came to Grant county on the 20th of April, 1832, passing my first night on (the top) of Sinsinawa Mound. (Not far from where we are today.)"
Druen tells that he was awakened that first night by sounds of an Indian war party that had encamped just below him on the mound. He spent a troubled night, but when he awoke the war party was gone. He goes on to write:
"The next day I learned that a party of U.S. surveyors had made rich discoveries of lead at Potosi and I started thither at once having neither track nor path to follow or to guide me.
Proceeding on my way, I came to a place where a dozen or so men were engaged in building a cabin -- the first White man's structure erected on the site of Potosi.
A number of us pitched our tent and went to work. Potosi grew and its population, mostly miners, rapidly increased.
All went prosperously until one night at about 11 o'clock, when a man rode wildly into camp bearing the news of Stillman's defeat (by Blackhawk) at Rock River. We were all badly scared, turned tail and fled, some toward Galena, some toward Jamestown, and some toward Platteville. Only two men had the courage to stand their ground and risk their scalps. The next day we recovered from our fright, assembled in considerable force and held sort of a council of war.
Some were for building a fort right there in the diggings; others thought it a rather good thing to go to Galena (as fast as we could). Hearing that a military company was organizing at Cassville, three others and myself set out for that town at once.
At Cassville we found the "colonel" building a fort and organizing a company of soldiers. Upon telling him what we came for, he desired to know whether we would or could do any fighting. I said, "Take off your coat and lets have a round." He looked at me and said he guessed held take us. So we were mustered in at once and forthwith put on duty. Our company was known as the Rangers, for we were employed in ranging the country between the Grant and the Wisconsin River, a tract which we traversed a great many times and wherein we killed 8 or 10 Indians and made 12 or 15 prisoners.
When the strife was over and the smoke of peace arose from all that region, we returned to Potosi and resumed our picks and gads and shovels as though we have not been off making history at all but had only gone a-fishing or had been fooling about for our health as it were."
I found another interesting reference to Sam Druen and his life after the Blackhawk War, and I quote from the history of Potosi, which appears in Butterfield's History of Wisconsin, published in 1880. "Of that party (which first went to the `Eldorado' at Potosi) was Sam Druen, as good a fellow as one ever knew, subsequently very rich, and living at Bee Town."
A626 Forgive me for spending so much time on the pioneer recollections of Sam Druen but I think his experiences are typical of the truly "wild frontier" that was the Michigan and Wisconsin territory near Belmont.
Also, Sam Druen, I am proud to say, was my great grandfather. His richness, unfortunately, did not extend beyond his own generation. Also, to harken back to Sam's Indian fighting days, I'm sure he would be surprised -- and I hope pleased -- were he to know that his great, great, great granddaughter is part Ojibway Indian.
But I should get to the subject I am supposed to address: the first territorial legislative session here in Belmont.
The story of Wisconsin territorial government must begin with the cession in 1783 of Virginia lands to the government of the United States, then operating under the Articles of Confederation. The land was that portion "northwest of the river Ohio" but on the condition that the area be formed into states not smaller than 100 miles square or larger than 150 miles square -- a provision that was subsequently changed to conform with the ordinance of 1787 -- the "Northwest Ordinance" -- and with the further proviso that the states should have a "republican" form of government -- with a small "r," of course, and be admitted to the federal union with the same rights of "sovereignty, freedom and independence as other states."
The Northwest Ordinance set forth the skeletal outlines of the government of the territory. In essence, the territory was to be treated as a colony -- with all laws passed subject to approval of the Congress. The officers (to be appointed by the Congress) had to be substantial landowners. There were to be three judges, who together with the governor, were to have the powers to enact laws (how does that sound to you?) but only until such time as a legislative assembly could be chosen. An assembly once chosen had the power to select the other legislative house, the council.
I will not dwell on the intricacies of the Northwest Ordinance except to emphasize that it outlined the congressional intent, by stages, to allow the formation of not less than three and not more than five states with the same attributes as the original states. It guaranteed religious freedom, outlined a bill of rights, including "habeas corpus" and the "right to bail," and outlawed "cruel and inhuman punishment." Education, religion and morality were to be "forever encouraged" and, extremely important to a water-rich area as Wisconsin, the "navigable waters" of the states were to be "common highways and forever free." This is the origin of Wisconsin's "Trust Doctrine." Also, slavery was forever outlawed in the territory.
In 1789 the ordinance was amended to give the President of the United States the power to appoint officers of the territory. Subsequently, the territory was divided and the area that is Wisconsin was successively included in the Indiana territory, the Illinois territory, the Michigan territory and, finally, the Wisconsin territory, effective July 4, 1836 (and that territory was later reduced in size when the Iowa territory was formed).
About this time, Michigan was involved in a territorial dispute with Ohio, that was finally resolved by giving Michigan the Upper Peninsula, which theretofore was considered to be a part of Wisconsin, in exchange for Michigan's relinquishing claims in the Toledo area. We also lost Chicago about this time -- perhaps we were lucky in that respect.
While the governmental structure set up by the Northwest Ordinance was colonial in nature and paternalistic in the sense of complete control by the Congress or the President, it was apparently far from oppressive. Neither the Congress nor the President showed much interest in the internal administration of the territories. As Professor Nesbit has stated, "They, like the colonies of the British Empire, flourished under a policy of `salutary neglect.'" The Organic Act that ultimately set up the Wisconsin territory in 1836 incorporated the democratic features of the Jacksonian era - that, of course, is democratic with a small "d."
Included in its provisos was that:
1. Both houses of the legislature were to be elected directly by the people.
2. Property qualifications were abolished for office holding.
3. Most county officers were to be elected. A few, however, were to be appointed by the governor. However, the governor, the territory secretary, the attorney general, and the marshal and judges were all presidential appointees.
Interestingly enough, the residents of the territory could not vote for president but the president, Andrew Jackson, knew who his friends in the territory were and Henry Dodge was his friend and crony. So no one was surprised at the appointment of Dodge as governor in 1836.
Under the Act, Governor Dodge had the duty to apportion the territory for the election of a House of Representatives consisting of 26 members and a Council of 13. The persons who were to be elected to the legislature were required, until a permanent capital was selected, to meet at a place selected by the governor. Henry Dodge selected Belmont as the territory capital.
It should be remembered that the Wisconsin territory, as created in 1836, was a huge area covering not only the present Wisconsin but also Iowa and the Dakotas to the Missouri River and north to the Lake of the Woods. Hence, the designation of Belmont was not frivolous -- it was relatively centrally located and right in the heart of the territory's most populous and prosperous area -- the Lead Region.
Governor Dodge, under the Organic Act, had the absolute veto power over the legislature's selection of a permanent site, but before the session he announced that he would not exercise his veto -- what a governor!
A627 Dodge's selection of Belmont, at the very least, was controversial. Even before the Organic Act was passed, John Atchison, a Galena speculator, had purchased acreage at Belmont and started construction of a council house or capitol for the executive and legislature, a supreme court building that was to be identical in style to the council building, a governor's residence and a boarding house. Obviously, he hoped that by these preemptive acts Belmont would be the permanent site. At any rate, Atchison glowingly advertised his lots in newspapers in New York, Washington, D.C., Dubuque, St. Louis and Mineral Point. He touted the "luxurious" quarters that would house the legislature.
Governor Dodge's choice of Belmont was almost universally unpopular -- food and housing proved to be terrible. The weather was awful -- fuel was in short supply. The council and legislature did not find the "princely mansions and spacious, comfortable boarding houses" that Atchison had advertised. Many of the legislators slept on the floor in the unheated and unfinished court building. But the legislature did meet and passed 42 laws and three joint resolutions effectively setting up a framework of government for the territory.
The Supreme Court Building was not completed, so the court never sat there. Chief Justice Dunn, who subsequently made Belmont his home (in the Supreme Court Building) and Justice Ervin were in attendance. No cases were decided but 16 attorneys were admitted to the bar and subordinate court officers were appointed. The admission of the 16 lawyers assured the court that there would be business for them in the future.
But the first legislative session is most remembered for the capital siting decision. While the assembly and council were pondering that decision, James Doty was scheming.
Doty was a clever lawyer and a very good one. He had been the United States Judge for the territory for nine years and performed admirably. He was the judge who presided over the trial of Chief Oshkosh and, using Indian law, acquitted the chief of murder. During his tenure he fought to establish civil law to supplant the military. The military did not easily give up its absolute hold on public affairs. As United States Judge, he traveled extensively throughout Wisconsin -- on foot and by canoe. He probably had a better grasp of the potential of the Wisconsin territory than anyone else. He held no official position in October of 1836, but on his way to Belmont he platted the village of Madison at the site of the four lakes and he acquired the whole of the swampy isthmus between Lakes Mendota and Monona.
Before the Belmont legislature recessed, 16 legislators were owners of lots in the proposed city of Madison, and many more, in the depths of a very cold winter, were the recipients of buffalo robes, which Doty provided. Among the grantees of land in Madison were Supreme Court Chief Justice Dunn and Augustus Caesar Dodge, the son of the governor. Governor Dodge, however, opposed the selection of Madison and indignantly refused to accept a gift of Four Lakes land from Doty. He importuned George Jones, the Congressional delegate in Washington, to intercede to stop the move to Madison. His importunings were ignored and Madison was selected to be the capital. It was later discovered that Jones, too, had become a landowner on the Four Lakes isthmus. Burlington, now in Iowa, was selected as an interim capital while construction commenced at Madison.
This is not the time and place to go into the future lives of Doty and Dodge. Doty is not without honor in history but he is considered to be a wily manipulator whose principal loyalty was to himself. He became governor of the Wisconsin territory in 1841, but his diplomatic powers and negotiating skills seemed to fail him in that position. He was not a success. Dodge was once again appointed governor in 1845 and served with honor until statehood in 1848.
One thing that Dodge and Doty had in common was their fervent advocacy in making Wisconsin a state. But Doty fell upon difficult days. He was, for a time, impoverished but he was the original "comeback kid." He finished his days as the successful governor of the territory of Utah.
The territorial days, even during the brief stay of the government at Belmont, were an important transitional phase in creating a state out of a colonial wilderness. In that first session, the structure of state government was experimented with and appraised. Encouragement of business was fostered by the territorial government -- banking and transportation interests were nurtured. Business and municipal incorporation laws were passed. It was decided that there be a territorial university, and $5000, a huge sum, was appropriated for a Supreme Court library. The harangues and altercations, yes, even the pettiness and avarice so decried by Governor Dodge (as well as the serious debates setting the course of public policy) trained politicians, statesmen and the public in the art of government and prepared Wisconsin for statehood.
I sometimes wonder what Sam Druen thought about the brief stay of government at Belmont. He was close at hand either at nearby Beetown or New Diggings.
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