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.
Unfortunately, he wrote only about his experiences on first arriving in what was then Michigan territory. Perhaps he shared the view of a nearby newspaper, the Dubuque Visitor:
"That the legislature of the great territory of Wisconsin should be comfortable during the discharge of their dut[ies] I think necessary for the enactment of good and substantial law. Empty stomachs may make for clear heads, but not good laws. God deliver us from hungry legislators."
Yet good laws were passed! Wisconsin got off to a good start in 1836 and 1837, here at old Belmont!
Thank you."
__________________
Representative Spencer Coggs
17th Assembly District
The Celebration of
Black History in Wisconsin
"Mr. Speaker and Members,
It's with treat pleasure that I introduce this resolution, AJR 95. Today it is only fitting that we present a resolution on the legacy of Black Wisconsinites on the eve of Dr. Martin Luther King's Birthday, January 15th.
A628
The Journey of Blacks in Wisconsin on the road to freedom has sometimes been marred by discrimination and lack of positive communication. with that in mind, it is only appropriate for me to thank Speaker Pro Tempore Freese for the open dialogue which allowed for me to speak to and present this particular resolution.
Yet, I don't stand here alone but I and the other Black representatives here stand on the shoulders of those who came before us, and also on the hopes, hearts and minds of our many constituents; in particular I want to thank Dr. Howard Fuller and Gov. Dreyfus, and especially the citizens throughout the state who urged me to represent by my very presence that, even though Blacks were denied our rights in 1848, that I and others will not and cannot be denied and should come and present our proud accomplishments in 1998.
And although it is true that Blacks did not achieve the constitutional right to vote until 12 years after our statehood in 1848, Wisconsin also has the distinction of not only defying the Federal Fugitive Slave Law, but the state took our case to the US Supreme Court.....and WON!
The resolution reads as follows:
Whereas, 1998 is Wisconsin's sesquicentennial year, which gives us an excellent opportunity to celebrate our many accomplishments, analyze our past shortcomings and examine our future, as we celebrate Wisconsinites of African descent; and
Whereas, we acknowledge the proud legacy of Black men and women who have helped shape who we are as a state, as a nation and as a people; and
Whereas, the many Black pioneers who were a "First" include Joe Oliver, the first Black person ever recorded as voting in Wisconsin in 1835, and Carolyn Quarelles, the first "Passenger" to travel the underground railroad in Wisconsin; and
Whereas, Black persons pioneered a number of settlements in Wisconsin, including Pleasant Ridge, founded in 1849 by Charles Edward Shepard; Stantonville, named after African-American Moses Stanton (now called Chilton); and Barton Corners, named after African-American Wesley Barton (now called Burr Corners); and
Whereas, entertainment and culture have been well represented by many Black Wisconsinites, including Professor Ephraim Williams, the state's only African-American circus impresario, from 100 years ago to the more modern days of, for example, the "1st Class Citizenship" of Mrs. Bernice Lindsay, who organized the Mary Church Terrell Club in 1933 to better Black-White relations, who worked extensively all of her life to develop the talents of Black youth and who was an active member of the Milwaukee Commission on Human Rights from its inception in 1944; and
Whereas, Wisconsin's Black political pioneers have established a rich legacy of activism and involvement, from Lucien H. Palmer, the first Black person to be elected to the Wisconsin legislature, to Vel R. Phillips, the first Black and first woman ever elected to the statewide office of Secretary of State in Wisconsin, to Isaac Newton Coggs, an activist known as "Mr. Civil Rights", who ushered in the current era of Black state elected officials; now, therefore, be it:
Resolved by the Assembly, the Senate concurring, That the members of the Wisconsin legislature, on the occasion of the state's sesquicentennial, recognize the many fine accomplishments of Wisconsin's Black citizens and use this august occasion to reflect on where we were and how we have changed and to determine how we can improve to make a better society in the future.
In conclusion, Mr. Speaker and members, African tradition usually connotes that in order to pledge for a positive future,we must first evoke the spirit of our ancestors.
I Evoke the Spirit of my Ancestor, Ezekial Gillespie - whose court case established Blacks right to vote in 1866.
I Evoke the Spirit of my Ancestor, Carolyn Quarrelles - who was the first Underground Railroad passenger in Wisconsin, being hidden in Wauwatosa on her journey to Canada.
I Evoke the Spirit of my Ancestor, Lucien H. Palmer - who was the first Black person elected to the State Legislature.
And I Evoke the Spirit of my Ancestor, my uncle, Representative Isaac Coggs - who established the modern precedent of Black political activism/and inspired me to go into politics, and who emphasized that:
Never, never again allow it to be called his story, when it represents the journey of each and every single citizen of the State of Wisconsin, and that makes it our story!!!"
__________________
Representative Foti asked unanimous consent that the rules be suspended and that Assembly Joint Resolution 118 be withdrawn from the committee on Rules and taken up at this time. Granted.
Assembly Joint Resolution 118
Relating to: proclaiming Arts Day.
The question was: Shall Assembly Joint Resolution 118 be adopted?
Motion carried.
Representative Foti asked unanimous consent that the rules be suspended and that Assembly Joint Resolution 118 be immediately messaged to the Senate. Granted.
Representative Foti asked unanimous consent that the rules be suspended and that Assembly Resolution 19 introduced and taken up at this time. Granted.
Assembly Resolution 19
Relating to: declaring March 10, 1998, Tibet Day.
By Representative Skindrud.
The question was: Shall Assembly Resolution 19 be adopted?
Motion carried.
__________________
Assembly Bill 285
Relating to: the method of determining reductions in general transportation aids for late filing of applications for such aid.
A629
The question was: Shall Assembly amendment 1 to Assembly Bill 285 be adopted?
Motion carried.
The question was: Shall Assembly amendment 2 to Assembly Bill 285 be adopted?
Motion carried.
The question was: Shall Assembly Bill 285 be ordered engrossed and read a third time?
Motion carried.
Representative Foti asked unanimous consent that the rules be suspended and that Assembly Bill
285 be given a third reading. Granted.
The question was: Assembly Bill 285 having been read three times, shall the bill be passed?
Motion carried.
Representative Foti asked unanimous consent that the rules be suspended and that Assembly Bill
285 be immediately messaged to the Senate. Granted.
Assembly Bill 589
Relating to: delivery or distribution of a controlled substance, or possession with intent to deliver or distribute a controlled substance, on or near certain places and providing a penalty.
The question was: Shall Assembly amendment 1 to Assembly Bill 589 be adopted?
Motion carried.
The question was: Shall Assembly Bill 589 be ordered engrossed and read a third time?
Motion carried.
Representative Foti asked unanimous consent that the rules be suspended and that Assembly Bill
589 be given a third reading. Granted.
The question was: Assembly Bill 589 having been read three times, shall the bill be passed?
The roll was taken.
The result follows:
Ayes - Representatives Ainsworth, Albers, Baldwin, Baumgart, Black, Bock, Boyle, Carpenter, Coggs, Cullen, Dobyns, Duff, Foti, Freese, Gard, Goetsch, Green, Gronemus, Gunderson, Hahn, Handrick, Hanson, Harsdorf, Hasenohrl, Hebl, Hoven, Huber, Hubler, Huebsch, Hutchison, Jeskewitz, Johnsrud, Kaufert, Kedzie, Kelso, Kreibich, Kreuser, Kunicki, La Fave, Ladwig, F. Lasee, Lazich, J. Lehman, M. Lehman, Linton, Lorge, Meyer, Morris-Tatum, Murat, Nass, Notestein, Olsen, Ott, Otte, Ourada, Owens, Plale, Plouff, Porter, R. Potter, Powers, Reynolds, Riley, Robson, Ryba, Schafer, Schneider, Seratti, Skindrud, Spillner, Springer, Staskunas, Sykora, Travis, Turner, Underheim, Urban, Vander Loop, Vrakas, Walker, Ward, Wasserman, Wieckert, Williams, Wood, Ziegelbauer, Zukowski and Speaker Jensen - 88.
Noes - Representatives Dueholm, Grothman, Krug and R. Young - 4.
Paired for - Representative Krusick - 1.
Paired against - Representative L. Young - 1.
Absent or not voting - Representatives Brandemuehl, Klusman, Musser and Steinbrink - 4.
Motion carried.
