Part 10

Thus far, this region beyond Lake Michigan had borne no particular name. It was simply an outlying part of the Northwest Territory; or of the Territories of Indiana, Illinois, or Michigan, as the case might be. But, now that it was to be a Territory by itself, a name had to be adopted. The one taken was that of its principal river, although "Chippewau" was preferred by many people. Wisconsin is an Indian name, the exact meaning of which is unknown; some writers have said that it signifies "gathering of the waters," or "meeting of the waters," but there is no warrant for this. The earliest known French form of the word is "Misconsing," which gradually became crystallized into "Ouisconsin." When the English language became dominant, it was necessary to change the spelling in order to preserve the sound; it thus, at first, became "Wiskonsan," or "Wiskonsin," but finally, by official action, "Wisconsin." The "k" was, however, rather strongly insisted on by Governor Doty and many newspaper editors, in the days of the Territory.

The first session of the legislature of the new Territory of Wisconsin was held at the recently platted village of Belmont, in the present county of Lafayette. The place of meeting was a little story-and-a-half frame house. Lead miners' shafts dimpled the country round about, and new stumps could be seen upon every hand. There were many things to be done by the legislature, such as dividing the Territory into counties, selecting county seats, incorporating banks, and borrowing money with which to run the new government; but the matter which occasioned the most excitement was the location of the capital, and the bitterness which resulted was long felt in the political history of Wisconsin.

A month was spent in this contest. The claimants were Milwaukee, Racine, Koshkonong, Fond du Lac, Green Bay, Madison, Wisconsinapolis, Peru, Wisconsin City, Portage, Helena, Belmont, Mineral Point, Platteville, Cassville, Belleview, and Dubuque (now in Iowa, but then in Wisconsin). Some of these towns existed only upon maps published by real estate speculators.

Madison was a beautiful spot, in the heart of the wild woods and lakes of central southern Wisconsin. It was unknown save to a few trappers, and to the speculators who had bought the land from the federal government, and thought they saw a fortune in inducing the legislature to adopt it as the seat of government. Madison won, upon the argument that it was halfway between the rival settlements on Lake Michigan and the Mississippi, and that to build a city there would assist in the development of the interior of the Territory.

When Madison was chosen, a surveyor hurried thither, and in a blinding snowstorm laid out the prospective city. The village grew slowly, and it was November, 1838, before the legislature could meet in its new home.

WISCONSIN BECOMES A STATE

Some of the people of Wisconsin were not long content with a Territorial government. The Territory was only two years old when a bill was introduced in Congress for a State government, but the attempt failed. In 1841 Governor Doty, the leader in the movement, had the question put to popular vote; but it was lost, as it also was in the year following. In 1843 a third attempt was defeated in the Territorial council (or senate); and in 1845, still another met defeat in the Territorial house of representatives (or assembly).

But at last our Territorial representative in Congress gave notice (January 9, 1846), "of a motion for leave to introduce a bill to enable the people of Wisconsin to form a constitution and State government, and for the admission of such State into the Union." He followed this, a few days later, by the introduction of a bill to that effect; the bill passed, and in August the measure was approved by President Polk.

Meanwhile, the council and house of Wisconsin Territory had favorably voted on the proposition. This was in January and February, 1846. In April the question of Statehood was passed upon by the people of the Territory, the returns this time showing 12,334 votes for, and 2487 against. In August, Governor Dodge issued a proclamation calling a convention for the drafting of a constitution.

The convention was in session in the Territorial capitol at Madison, between October 5 and December 16, 1846. But the constitution which it framed was rejected by the people. The contest over the document had been of an exciting nature; the defeat was owing to differences of opinion upon the articles relating to the rights of married women, exemptions, banks, the elective judiciary, and the number of members of the legislature.

As soon as practicable, Governor Dodge called a special session of the Territorial legislature, which made provisions for a second constitutional convention. Most of the members of the first convention declined reëlection; six only were returned. The second convention was in session at Madison from December 15, 1847, to February 1, 1848. The members of both conventions were men of high standing in their several communities, and later many of them held prominent positions in the service of the State and the nation.

The constitution adopted by the second convention was so satisfactory to most people, that the popular verdict in March (16,799 ayes and 6384 noes) surprised no one. Arrangements for a new bill in Congress, admitting Wisconsin to the Union, were already well under way. Upon the very day of the vote by the people, before the result was known, the Territorial legislature held its final meeting, and left everything ready for the new State government.

The general election for the first State officers and the members of the first State legislature was held May 8. President Polk approved the congressional act of admission May 29. Upon the 7th of June, Governor Nelson Dewey and his fellow-officials were sworn into office, and the legislature opened its first session.

In the old lead mining days of Wisconsin, miners from southern Illinois and still farther south returned home every winter, and came back to the "diggings" in the spring, thus imitating the migrations of the fish popularly called the "sucker," in the south-flowing rivers of the region. For this reason the south-winterers were humorously called "Suckers." On the other hand, lead miners from the far-off Eastern States were unable to return home every winter, and at first lived in rude dugouts, burrowing into the hillsides after the fashion of the badger. These burrowing men were the first permanent settlers in the mines north of the Illinois line, and called themselves "Badgers." Thus Wisconsin, in later days, when it was thought necessary to adopt a nickname, was, by its own people, dubbed "The Badger State."

THE BOUNDARIES OF WISCONSIN

In the Ordinance of 1787, whereby Congress created the old Northwest Territory out of the triangle of country lying between the Ohio and Mississippi rivers and Lake of the Woods and the Great Lakes, it was provided that this vast region should eventually be parcelled into five States. The east-and-west dividing line was to be "drawn through the southerly bend or extreme of Lake Michigan"; south of this line were to be erected three States, and north of it two. "Whenever," the ordinance read, "any of the said States shall have sixty thousand free inhabitants therein, such State shall be admitted" to the Union.

It should be said, in explanation of this east-and-west line, that all the maps of Lake Michigan then extant represented the head of the lake as being much farther north than it was proved to be by later surveys. The line as fixed in the ordinance proved to be a bone of contention in the subsequent carving of the Northwest Territory into States, leading to a good deal of angry discussion before the boundaries of Ohio, Indiana, Illinois, Michigan, and Wisconsin, the five States eventually formed from the Territory, became established as they are to-day.

Ohio, the first State to be set off, insisted that Maumee Bay, with the town of Toledo, should be included in her bounds, although it lay north of the east-and-west line of the ordinance. Michigan, on the other hand, stoutly insisted on the line as laid down in the law. In 1835 and 1836 there were some popular disturbances along the border; one of these, though bloodless, was so violent as to receive the name of "the Toledo war." Congress finally settled the quarrel by giving Ohio the northern boundary which she desired, regardless of the terms of the ordinance; Michigan was compensated by the gift of what we now call the "northern peninsula" of that State, although it had all along been understood that the country lying west of Lake Michigan should be the property of the fifth State, whenever that was created. Thus, in order that Ohio might have another lake port from Michigan, Wisconsin lost this immense tract of mining country to the north.

When Indiana came to be erected, it was seen that to adopt the east-and-west line, established by the ordinance, would be to deprive her entirely of any part of the coast of Lake Michigan. In order, therefore, to satisfy her, Congress took another strip, ten miles wide, from the southern border of Michigan, and gave it to the new State. Michigan made no objection to this fresh violation of the agreement of 1787, because there were no important harbors or towns involved.

Illinois next knocked at the door of the Union. The same conditions applied to her as to Indiana; a strict construction of the ordinance would deprive her of an opening on the lake. The Illinois delegate who argued this matter in Congress was shrewd; he contended that his State must become intimately connected with the growing commerce of the northern lakes, else she would be led, from her commercial relations upon the south-flowing Mississippi and Ohio rivers, to join a Southern confederacy in case the Union should be broken up. This was in 1818, and shows how early in our history there had come to be, in the minds of some far-seeing men, a fear that the growing power of slavery might some time lead to secession. The argument prevailed in Congress, and there was voted to Illinois a strip of territory sixty-one miles wide, lying north of the east-and-west line.

Thus again was the region later to be called Wisconsin deprived of a large and valuable tract. When Wisconsin Territory was created, there was a great deal of indignation expressed by some of her people, at being deprived of this wide belt of country embracing 8500 square miles of exceedingly fertile soil, numerous river and lake ports, many miles of fine water power, and the sites of Chicago, Rockford, Freeport, Galena, Oregon, Dixon, and numerous other prosperous cities.

An attempt was made in 1836, at the time the Territory was established, to secure for Wisconsin's benefit the old east-and-west line, as its rightful southern boundary. But Congress declined to grant this request. Three years later, the Wisconsin Territorial legislature declared that "a large and valuable tract of country is now held by the State of Illinois, contrary to the manifest right and consent of the people of this Territory."

The inhabitants of the district in northern Illinois which was claimed by Wisconsin, were invited by these resolutions to express their opinion on the matter. Public meetings were consequently held in several of the Illinois towns interested; and resolutions were adopted, declaring in favor of the Wisconsin claim. The movement culminated in a convention at Rockford (July 6, 1839), attended by delegates from nine of the fourteen Illinois counties involved. This convention recommended the counties to elect delegates to a convention to be held in Madison, "for the purpose of adopting such lawful and constitutional measures as may seem to be necessary and proper for the early adjustment of the southern boundary."

Curiously enough, the weight of public sentiment in Wisconsin itself did not favor the movement. At a large meeting held in Green Bay, the following April, the people of that section passed resolutions "viewing the resolutions of the legislature with concern and regret," and asking that they be rescinded. With this, popular agitation ceased for the time; and in the following year the legislature promptly defeated a proposition for the renewal of the question.

Governor Doty, however, was a stanch advocate of the idea, and at the legislative session of 1842 contrived to work up considerable enthusiasm in its behalf. A bill was reported by the committee on Territorial affairs, asking the people in the disputed tract to hold an election on the question of uniting with Wisconsin. There were some rather fiery speeches upon the subject, some of the orators going so far as to threaten force in acquiring the wished-for strip; but the legislature itself took no action. However, in Stephenson and Boone counties, Illinois, elections were actually held, at which all but one or two votes were cast in favor of the Wisconsin claim.

Governor Doty, thus encouraged, busily continued his agitation. He issued proclamations warning Illinois that it was "exercising an accidental and temporary jurisdiction" over the disputed strip, and calling on the two legislatures to authorize the people to vote on the question of restoring Wisconsin to her "ancient limits." At first, neither the legislatures of Illinois nor Wisconsin paid much attention to the matter. Finally, in 1843, the Wisconsin legislature sent a rather warlike address to Congress, in which secession was clearly threatened, unless the "birthright of Wisconsin" were restored. Congress, however, very sensibly paid no heed to the address, and gradually the excitement subsided, until eventually Wisconsin was made a State, with her present boundaries.

We have seen that the northern peninsula was given to Michigan as a recompense for her loss of Toledo and Maumee Bay. But when it became necessary to determine the boundary between the peninsula and the new Territory of Wisconsin, now set off from Michigan, some difficulty arose, owing to the fact that the country had not been thoroughly surveyed, and there was no good map of it extant.

There were various propositions; one of them was, to use the Chocolate River as part of the line; had this prevailed, Wisconsin would have gained the greater part of the peninsula. But the line of division at last adopted was that of the Montreal and Menominee rivers, by the way of Lake Vieux Désert. This line had been selected in 1834, because a map published that year represented the headwaters of those rivers as meeting in Lake Vieux Désert; hence it was supposed by the congressional committee that this would make an excellent natural boundary. When, however, the line came to be actually laid out by the surveyors, six years later, for the purpose of setting boundary monuments, it was discovered that Lake Vieux Désert had no connection with either stream, being, in fact, the headwaters of the Wisconsin River; and that the running of the line through the woods, between the far-distant headwaters of the Montreal and Menominee, so as to touch the lake on the way, involved a laborious task, and resulted in a crooked boundary. But it was by this time too late to correct the geographical error, and the awkward boundary thus remains.

As originally provided by the Ordinance of 1787, Wisconsin, as the fifth State to be created out of the Northwest Territory, was, even after being shorn upon the south and northeast, at least entitled to have as her western boundary the Mississippi to its source, and thence a straight line running northward to the Lake of the Woods and the Canadian boundary. But here again she was to suffer loss of soil, this time in favor of Minnesota.

As a Territory, Wisconsin had been given sway over all the country lying to the west, as far as the Missouri River. In 1838, all beyond the Mississippi was detached, and erected into the Territory of Iowa. Eight years later, when Wisconsin first sought to be a State, the question arose as to her western boundary. Naturally, the people of the eastern and southern sections wished the one set forth in the ordinance. But settlements had by this time been established along the Upper Mississippi and in the St. Croix valley. These were far removed from the bulk of settlement elsewhere in Wisconsin, and had neither social nor business interests in common with them. The people of the northwest wished to be released from Wisconsin, in order that they might either cast their fortunes with their near neighbors in the new Territory of Minnesota, or join a movement just then projected for the creation of an entirely new State, to be called "Superior." This proposed state was to embrace all the country north of Mont Trempealeau and east of the Mississippi, including the entire northern peninsula, if the latter could be obtained; thus commanding the southern and western shores of Lake Superior, with the mouth of Green Bay and the foot of Lake Michigan to the southeast.

The St. Croix representative in the legislature was especially wedded to the Superior project. He pleaded earnestly and eloquently for his people, whose progress, he said, would be "greatly hampered by being connected politically with a country from which they are separated by nature, cut off from communication by immense spaces of wilderness between." A memorial from the settlers themselves stated the case with even more vigor, asserting that they were "widely separated from the settled parts of Wisconsin, not only by hundreds of miles of mostly waste and barren lands, which must remain uncultivated for ages, but equally so by a diversity of interests and character in the population." All of this reads curiously enough in these days, when the intervening wilderness resounds with the hum of industry and "blossoms as the rose." But that was long before the days of railroads; the dense forests of central and western Wisconsin then constituted a formidable wilderness, peopled only by savages and wild beasts.

Unable to influence the Wisconsin legislature, which stubbornly contended for the possession of the original tract, the St. Croix people next urged their claims upon Congress. The proposed State of Superior found little favor at Washington, but there was a general feeling that Wisconsin would be much too large unless trimmed. The result was that when she was finally admitted as a State, the St. Croix River was, in large part, made her northwest boundary; Minnesota in this manner acquired a vast stretch of country, including the thriving city of St. Paul.

Wisconsin was thus shorn of valuable territory on the south, to please Illinois; on the northeast, to favor Michigan; and on the northwest, that some of her settlers might join their fortunes with Minnesota. The State, however, is still quite as large as most of her sisters in the Old Northwest, and possesses an unusual variety of soils, and a great wealth of forests, mines, and fisheries. There is a strong probability that, had Congress, in 1848, given to Wisconsin her "ancient limits," as defined by the Ordinance of 1787, the movement to create the proposed state of "Superior" would have gathered strength in the passing years, and possibly would have achieved success, thus depriving us of our great northern forests and mines, and our outlet upon the northern lake.

LIFE IN PIONEER DAYS

So long as the fur trade remained the principal business in Wisconsin, the French were still supreme at Green Bay and Prairie du Chien; and, until a third of the nineteenth century had passed away, there existed at these outposts of New France a social life which smacked of the "old régime," bearing more traces of seventeenth-century Normandy than of Puritan New England. With the decline of the fur trade, a new order of things slowly grew up.

There being little legal machinery west of Lake Michigan, before Wisconsin Territory was erected, local government was slow to establish itself. Nothing but the good temper and stout common sense of the people prevented anarchy, under such a condition of affairs. For many years, the few public enterprises were undertaken at private expense. At Green Bay, schools were thus conducted, as early as 1817. In 1821 the citizens of that village raised a fund by popular subscription, and built a jail; and eleven years later, they asked the legislature of Michigan Territory to pay for it. There were some Territorial taxes levied in 1817, but the gathering of them was not very successful. The first county to levy a tax was Crawford, of which Prairie du Chien was the seat, but considerable difficulty appears to have been experienced in collecting the money.

Finally, Wisconsin Territory was organized, and the legislature assembled (1838) in Madison, the new capital. The accommodations at that raw little woodland village were meager, even for pioneer times. The Territorial building of stone, and a few rude frame and log houses in the immediate neighborhood, were all there was of the infant city. Only fifty strangers could be decently lodged there, and a proposition to adjourn to Milwaukee was favored. But as the lakeshore metropolis, also a small village, could offer no better accommodations, it was decided to stay at the capital, and brave it out on the straw and hay mattresses, of which, however, there were not enough to supply the demand.

This was long before railroads had reached Wisconsin. Travel through the new Territory was by boat, horseback, or a kind of snow sledge called a "French train." There were no roads, except such as had been developed from the old deep-worn Indian trails which interlaced the face of the country, and traces of which can still be seen in many portions of the State. The pioneers found that these trails, with a little straightening, often followed the best possible routes for bridle paths or wagon roads. It was not long before they were being used by long lines of teams, transporting smelted lead from the mines of southwest Wisconsin to the Milwaukee and Galena docks; on the return, they carried supplies for the "diggings," and sawmill machinery into the interior forests. Farmers' wagons and stagecoaches followed in due time. Bridges were but slowly built; the unloaded wagons were ferried across rivers in Indian "dugout" canoes, the horses swimming behind, and the freight being brought over in relays.

In 1837 there was a financial crisis throughout the country, and this checked Western immigration for a few years. But there was not enough money in Wisconsin for bank failures materially to affect the people; so, when the tide of settlement again flowed hither, the Badgers were as strong and hopeful as ever.

People coming to Wisconsin from the East often traveled all the way in their own wagons; or would take a lake boat at Buffalo, and then proceed by water to Detroit, Green Bay, or Chicago, thence journeying in caravans to the interior.

Frontier life, in those days, was of the simplest character. The immigrants were for the most part used to hard work and plain fare. Accordingly the privations of their new surroundings involved relatively little hardship, although sometimes a pioneer farmer was fifty or a hundred miles from a gristmill, a store, or a post office, and generally his highway thither was but a blazed bridle path through the tangled forest.