The government of the people of the state of Wisconsin

Front matter

OF

Wisconsin

WILGUS

Chapter I. Our Governmental Institutions

1. The Government of the United States. — All of the territory belonging to the United States, stretching from the Atlantic to the Pacific, and from the Great Lakes to the Gulf of Mexico, including also Alaska and a few islands, is under one general government whose powers are set forth and defined by the United States Constitution. The President of the United States is the head of this government ; and, with the members of his cabinet, executes the laws that are made by Congress, which is composed of two branches — a House of Representatives, representing the people, and a Senate, representing the different States of the nation. In addition to these two departments — executive and legislative — there is a third department, the judicial, composed of various courts, whose duty it is to interpret the laws. All persons living within the territorial limits of the United States are under the jurisdiction of this general government and must obey its laws and officers.

2. The Government of the States. — Our nation is made up of forty-five States and five territories, which have been established at different times since 1776, when our forefathers declared themselves free from Great Britain. By that act — the Declaration of Independence— the thirteen colonies became States. At the close of the Revolutionary war our western boundary was the Mississippi River, and there was a large area of land not comprised within the boundaries of any of the thirteen States, which Congress from time to time formed into States and admitted into the Union. And as our territory has constantly increased from 1783 until the present time, Congress has pursued the same policy of cutting it up into States and admitting them into the Union, until to-day only Oklahoma, the Indian Territory, Arizona, New Mexico and Alaska remain as territories. 1

In addition to the general government of the United States, each State and territory has a government of its own. Congress creates the territory out of the public land and gives it a government. When the population of the territory becomes sufficiently large and Congress sees fit to admit the territory into the Union as a State, the people of the territory are authorized to form and adopt a State constitution, subject to the approval of Congress, to see whether it conforms to the United States Constitution. When a territory has thus been formed into a State and its people have been permitted to form a State constitution, they govern themselves, not independently of the United States government, but in conformity with it and with their own laws and State constitution.

Each State, therefore, has a State constitution, and these are essentially alike but not the same ; hence the governments of the States, established in accordance with their constitutions, are essentially alike but not the same. In

1 The territories are of two kinds — organized and unorganized. Alaska and the Indian Territory are unorganized ; the others are organized and have a regularly constituted territorial government.

OUR GOVERNMENTAL INSTITUTIONS. 9

all of the States the governor is the head of the government, and, with certain other administrative officers, executes the laws made by the State legislature, which is composed of two houses. In addition to the executive and the legislative departments, there is in all the States a judicial department, composed of courts of different grades, whose business it is to administer justice and to interpret the laws. All persons living within the State are under the jurisdiction of the State government, and must obey its laws ; but they are also under the general government of the United States and must obey its laws. If the State should at any time make laws in conflict with the United States laws, requiring its citizens to do something forbidden by the United States government, the courts of the United States would decide the State laws to be unconstitutional — that is, null and void, and therefore not to be obeyed by the citizens of the State. 1 3. Local Government in the States. — (a) The County. As the nation is divided into States, so each State is divided into counties. The number of counties in each State is not the same, but varies from three in Delaware to two hundred and forty-six in Texas. Naturally also the size of the counties is not the same. Counties in the Eastern States are, as a rule, smaller than those in the Central and Western States, and also more irregular in shape, which is due to historical and natural reasons. The constitution of a State usually fixes a limit as to the size of the county, and the legislature in laying out CQunties within the State is governed by this limit. In Wisconsin the limit is 900 square miles, and at present (1897) the number of counties is seventy. These counties have been established at various times as population has increased. Each county within the State has its own officers and government, as provided by the State legislature, in accordance with the State constitution, and this county government is as nearly uniform as possible throughout the State. County officers attend to the local affairs of their county, and administer the laws of the State that pertain to the county.

(b) The Town, or as it is frequently called, the Township. — Not only are States divided into counties, but these counties are subdivided into towns. As to the size and number of towns there is no more uniformity than in the matter of counties. The seventy counties of Wisconsin are divided into about one thousand and fifty towns, which makes an average of fifteen to a county; but some counties have only three and four towns, while others have thirty-two and thirty-six. While the legislature divides the State into counties, it does not as a rule divide the counties into towns directly ; but it prescribes the manner in which towns are to be laid out and established by certain county officers. Each town has its own officers and government as prescribed by the State laws, and this government is uniform, not only for the towns within a county, but throughout the State. Town officers attend to the local affairs of the town, and they also administer the county regulations and the State laws that pertain to the town.

Each town is independent of every other town in the management of its own local affairs, but all the towns within a county are subject to the same county government. Counties and towns are convenient institutions for .the administration of the general laws of the State, - and their work is largely administrative, though historically considered, they stand for one of the most important bulwarks of human, liberty — the principle of local self-government.

(c) Villages and Cities. — For reasons which are apparent, it is not only convenient, but often necessary, for a large number of the people to live closer together than on farms, and to congregate in certain localities favorable to their

OUR GOVERNMENTAL INSTITUTIONS. 11

interests, thus forming hamlets, villages and cities. Whenever people have collected together in this way, their interests may be so great, and their needs so different, that they require a local government of their own, in addition to, and perhaps separate from, the government of the town and county in which they are situated. 1

The laws of the State usually specify the population required by a locality before it can be organized into a village or a city with a government of its own ; indicate the manner in which organization shall be made; and determine also the form of its government and the powers it shall exercise. Different States manage these matters in different ways, but usually there are only two ways : (1) The State may pass a general law dividing cities and villages into classes and grades according to population and specifying a particular form of government and particular officers for each grade and class ; or (2), the State may pass special acts, i. e. give each village and each city at the time it is formed, a charter designating its officers and powers of government. This latter method makes it necessary for the legislature to pass a separate act whenever a new city or village is to be formed, thus leading to a great amount of legislation, and also opening the door to special legislation or favoritism, so that the former method is to-day the one generally practiced.

1 It is not necessary to define accurately the distinction between hamlets, villages and cities, but we should be reminded that in our conversation and daily speech we are frequently inaccurate, from a legal point of view, in speaking of these indiscriminately. We often speak of a certain collection of houses and the people living there, as a village, when in reality it has not the population requisite for a village nor has it the government of one. Similarly, we often speak of a large village as a city, when in fact its population is not sufficient to constitute it a city and it has not the government of a city. Thus it will be seen that the essential distinction between hamlets, villages and cities, in law, is dependent upon two things — (1) population, and (2) government; but in common speech we frequently confuse the terms.

In Wisconsin, general laws were passed for the government of villages as early as 1849, but incorporation byspecial acts or charters was not forbidden until the adoption of a constitutional amendment in 1871, after which the legislature passed new general laws providing for their incorporation and government. Prior to 1889, cities were governed by special charter, but during this year the legislature passed a general law for their government, dividing them into classes according to population, and indicating the powers and officers that each class is to have. In 1895, an amendment was made changing the limits of population for the classes. Cities and villages that have been incorporated since 1889 and 1871 respectively, have been organized under these general laws, and though provision was made by which those organized under special charters prior to these dates might change to the government under the general law, few have seen fit to do so ; therefore to-day there are in Wisconsin both systems of municipal government — special charter and general law. 1

(d) Other Small Divisions. — Counties, towns, villages and cities are the chief divisions of the State for administrative purposes and local self-government ; but for the better management of schools and roads we find smaller divisions known as school districts and road districts.

Certain town officers designated in the laws of the State are given the power to divide their towns into school districts, and the people in each district are given the power to elect certain officers whose duties are to care for the schools of the district.

Road districts are also established by designated town officers in the different towns, and the people of each district are given the power to choose officers whose duties are to care for the roads, bridges, etc. of their districts.

These smaller divisions are designed especially for the

1 See also \\ 33 and 39.

OUR GOVERNMENTAL INSTITUTIONS. 13

better enforcement and administration of the laws of the State pertaining to schools and roads, and they are not so truly governmental in character as are the other divisions — towns, counties, villages and cities — which serve the double purpose of local self-government and the administration of State laws.

4. Resume. — A general survey of the governmental institutions that characterize our system of government has now been completed. Broadly speaking, there are two great agencies of government — the United States and the State. We also find within the State three chief agencies for local government and the administration of State laws — the county, the town, and the municipal corporation (village or city) ; and we may add to these for special and limited purposes the school district and the road district- Local government is not uniform, nor are the State governments the same throughout the United States, but the United States government is uniform and the same for all the territory of the United States, and co-extensive with its limits.

B

Henry Dodge, First Governor of the Territory op Wisconsin.

Chapter II

HISTORICAL SKETCH OF THE GROWTH, DEVEL- OPMENT AND GOVERNMENT OF WISCONSIN, 1 634-1 848.

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5. Discovery and Exploration. — Wisconsin is a part of the territory that was discovered, explored and taken possession of hv France under the name of New France, in the 17th century. When Samuel Champlain was governor at Quebec, he sent Jean Nicolet in 1634 to explore this western region. Coming by way of the Lakes he landed just below the mouth of the Fox River on the shore of Green Bay. " Clothed in silken robes he advanced into a village of the Winnebagoes, discharging pistols held in each hand. He was received with welcome. A great feast was then held, 120 beavers being eaten." He went up the Fox River nearly to the present city of Berlin, whence 14

HISTORICAL SKETCH. 15

he returned to Quebec by way of what is to-day Illinois and Michigan. During the next thirty-five years, other French explorers and missionaries, especially Radisson, Groseilliers, and Allouez, visited these regions and also the upper Mississippi in Minnesota, and the shore of Lake Superior, learning of the copper mines there, and in 1671 the whole country was taken possession of in the name of the French king by the Sieur Saint Lusson. 1 Then followed the great explorations of Joliet and Marquette (1673-74), La Salle (1679), Hennepin (1680), and Le Sueur and Perrot, extending to 1700, in which many trading posts were established and the lead mines around what is to-day Dubuque, Galena and Potosi were discovered and worked — about thirty experienced miners being brought from France in 1699 by Perrot.

It was apparent to the Indians that the white men were now coming in earnest, so that for the next thirty years, wars and troubles with them were frequent. Tribute was demanded from the voyagers and traders, and treachery and deceit increased the difficulties. The Sacs and Outagamies or Foxes were especially troublesome, but they were finally overcome in 1730. The Indians were then quiet for some time and trading posts were established at several points. In 1754 when the last French and Indian war broke out, an alliance between the French and the Wisconsin Indians was made for the purpose of attacking the English colonies in the western part of Pennsylvania.

1 The ceremony was formal and imposing. It was on the morning of June 14th, at Sault Ste. Marie, that St. Lusson and several priests, chanting hymns of thanksgiving, amidst a throng of curious Indians, ascended a hill and there erected a large wooden cross and also a cedar post bearing a metal plate, engraved with the royal arms of France. Then St. Lusson, with sword in one hand and raising a piece of sod with the other, formally proclaimed the ownership of the country in the name of Louis XIV., King of France ; whereupon the Frenchmen fired their guns and shouted lustily " Vive le Koi." A few speeches completed the ceremony. — Parkman's La Salle, pp. 42, 43.

THE CIVIL GOVERNMENT OF WISCONSIN.

These Indians were foremost in the attack on Braddoek, and were in the thick of the fight between Montcalm and Wolfe on the Plains of Abraham. In 1760 the English seized the French dominions in the West, and by the treaty of Paris, 1763, which closed the French and Indian war, the territory of New France passed into the possession of the English.

6. Settlement and Growth.-— The first permanent white settlement was made at Green Bay, in 1766, by Charles de Langlade and others. Within the next thirty years permanent settlements were also made at Prairie du Chien and Milwaukee. These grew slowly. In 1804 the Indian titles to lands in southern Wisconsin were secured by treaty ; and by 1820 many trading posts, that eventually became permanent settlements, were established throughout this

region by the American Fur Company, of w T hich John Jacob Astor was the head.

The fur trade, which was a lucrative business, and the rich lead mines began to attract notice about 1826 or 1827, and were the means of bringing many adventurers into this region. But it was not until after the Black Hawk war in 1832, which drove the Indians from this country, that settlement began in real earnest. In 1830 the entire population was only 3245, and there were but two counties. Six years later, when Wisconsin was organized as a Territory, the population had increased to 11,683, and there were four counties. By 1840 the population had increased to 30,945, and twenty-one counties had been organized. The most rapid growth, however, came within the next

Black Hawk.

HISTORICAL SKETCH. 17

fifteen years, when there was a great influx of foreign population, and the railroad was making travel to the west comparatively easy. In 1855, the population was 552,109, and forty-nine counties had been established. At present (1897) the population is about 2,000,000. 1

7. Evolution of Government. — When Wisconsin was a part of the French dominions, it was under the jurisdiction of a governor-gecieral who had charge of the possessions of France in the New World, with headquarters usually at Quebec. The control that was exercised was nominal rather than real, and ordinarily, the individual inhabitants felt no governing hand at all. When the English came into possession of these regions in 1763, though allegiance was changed from France to England, the condition of the people, so far as government was concerned, was at first practically the same. But in 1774 the English provided for the establishment of civil government over this region and the country north of the Ohio River and eastward as far as the Alleghenies, by the Quebec act. This act practically annexed the country to Canada,

1 It may be interesting to note that the first Protestant sermon ever preached within the limits of Wisconsin was by the Eev. Jedidiah Morse, the father of the inventor of the telegraph, on July 9, 1820, at Green Bay.

In 1820 the first steamboat ascended the Mississippi. In 1826 the first steamboat appeared on Lake Michigan, and in 1835 the first steamboat landed at Milwaukee.

In 1833 the first newspaper was started — "The Green Bay Intelligencer ;" three years later the Milwaukee " Advertiser" and the Belmont l ' Gazette ' ' appeared.

In 1847 the first railroad was chartered (Milwaukee and Waukesha R. R. Co.). In 1849 construction on the road began and two years later the first train was run.

In 1838 Congress appropriated land to endow the University of the Territory of Wisconsin. In 1848 the university was organized ; and also the free school system established by law. In 1866 the normal school system was organized. 2_Wis curtailed the rights of the colonies, and was one of the causes of the Revolutionary war. As a result of this war the United States came into nominal possession of this region by the treaty with England in 1783, but it was not till 1796 that the British gave up the western posts and the United States gained actual possession of the country.

8. The Ordinance of 1787. — In the meantime, however, the United States had established a government for the country north of the Ohio and east of the Mississippi by organizing the Northwest Territory and enacting the Ordinance of 1787. This was one of the last as well as one of the greatest acts of the Congress of the Confederation, and deserves to stand alongside of the Declaration of Independence that preceded it and of the Constitution that followed it. Chief-Justice Chase of the Supreme Court of the United States said of it : " Never, probably, in the history of the world did a measure of legislation so accurately fulfil, and yet so mightily exceed, the anticipations of the legislators. The Ordinance has been well described as a pillar of cloud by day and of fire by night in the settlement of the Northwestern States. When the settlers went into the wilderness, they found the law already there." This Ordinance gave shape to the territorial system of government that the United States afterwards followed. It laid the foundations for a broad and abiding system of public schools, and it forever prohibited within the Territory the establishment of slavery, which was already becoming detrimental to the Southern States, and rapidly developing into a woful bane for the nation.

9. Form of Government. — The region comprised within the jurisdiction of the Ordinance was about two-thirds the size of the thirteen original States. There was no established seat of government, and its officers resided first at Marietta, Ohio, afterwards at Cincinnati, Ohio, and later at Vincennes, Indiana. The government was in the hands of a governor and three judges, constituting both a legis-

HISTORICAL SKETCH. 19

lative council and a court. These officers, together with a secretary, were appointed by Congress. 1 Inferior officers were appointed by the governor. Arthur St. Clair was the first governor. The governor and judges, as a legislative council, might not make new laws, but could select from the other States such acts as were suitable, and put them into force, subject, however, to the approval of Congress. When the population had reached 5000, the people were to be allowed to have a house of representatives, elected by themselves. The house of representatives, together with a governor appointed by Congress, and a legislative council selected by Congress from nominations made by the house of representatives, were to constitute the territorial legislature to govern the Territory. As population increased and settlement extended, the Territory was to be cut up into not less than three nor more than five States — each State to be admitted into the Union when it had reached a population of 60,000 free inhabitants.

10. Territorial Divisions. — In accordance with these provisions, the first territorial division was made in 1800, when a line was drawn from the Ohio river from a point opposite the mouth of the Kentucky river to Fort Recovery (situated in what is to-day Mercer county, Ohio), and thence north to the boundary line between the United States and Canada. All west of this line, in which Wisconsin was included, became the Territory of Indiana with William Henry Harrison as governor. East of the line, in 1802, Ohio was admitted as a State, and in 1805 Michigan Territory was set off. In 1809 Illinois Territory, in which was included Wisconsin, was created out of what was Indiana Territory, and in 1816, Indiana was admitted as a State. Two years later, when Illinois was admitted as a State, Wisconsin was attached to Michigan Territory as a

1 Changed by act of first session of first Congress to appointment by the President and confirmation by the Senate, in conformity with the newly adopted Constitution.

county, remaining as such till 1836, when it was organized as a separate territory. 1

11. Wisconsin a Territory. — The act of Congress establishing territorial government in Wisconsin was passed April 20, 1836. The government provided for was vested in a governor, a legislative assembly, courts of justice, and a few minor officers. The governor, judges, secretary, attorney and marshal were appointed by the President of the United States with the concurrence of the Senate. The Legislative Assembly was composed of a Council of thirteen and a House of Representatives of twentysix, chosen by the people. Acts passed by the Legislative Assembly were to be approved by the governor and transmitted to Congress for its approval also. The legislature was to meet annually and not to continue in session longer than seventy-five days. It was to meet, at first, in a place designated by the governor, but at the first session, or as soon thereafter as practicable, it was to locate and establish the seat of government or capital. Qualifications for voters were prescribed, but the legislature, when formed, might change these qualifications, except that none but citizens of the United States were to be allowed to vote. A delegate to the national House of Representatives was to be elected by the voters of the Territory. The act also specified the pow r ers and duties of the various officers.

In accordance with these provisions, President Jackson

1 In 1834 its boundaries had been extended so as to include what is to-day Iowa, Minnesota, and a part of Dakota ; but in 1838, when Congress created the Territory of Iowa, Wisconsin was reduced "to her present limits, except that she still held, as her western boundary, the Mississippi River to its source, and a line drawn due north therefrom to the international boundary." She remained in this condition till 1848, when Congress admitted her as a State, with her present limits, giving to Minnesota the region west and north-west of the St. Croix River. — R. G. Thwaites, The Boundaries of Wisconsin ( Wis. State Hist Soc. CoWs, vol. xi., pp. 455-460).

appointed Henry Dodge governor, April 30, 1836, and on July 4, the government was inaugurated by the governor, judges and other officers that had been appointed by President Jackson, taking the oath of office at Mineral Point. On October 25, the first Legislative Assembly convened at Old Belmont. It adjourned December 9. Its chief business was to provide the governmental machinery required, to enact such laws as were needed, and to locate the capital. The contest over this question was exciting, for several towns urged their claims. The matter was finally settled December 3, by locating the capital at Madison, which was at this time but a clearing in the woods. Soon, however, the Capitol building of stone was in process of erection, and in the immediate neighborhood were a few rude log houses for the accommodation of the builders.

12. Formation of the Constitution and Admission as a State. — Wisconsin continued as a Territory until 1848, when it was admitted as a State. In 1846 the people voted in favor of a State government, Congress passed an enabling act authorizing its formation, and the people elected delegates to a constitutional convention which met at Madison, October 5, continuing in session until December 16. The Constitution that was framed by this convention, though approved by Congress, was rejected by a vote of the people in April, 1847, on account of some objectionable features pertaining to banks. On the 15th day of December, 1847, a second constitutional convention was held at Madison. This convention remained in session until the 1st of February, 1848, and the Constitution which it framed was adopted by a vote of the people in the following March. On May 29, 1848, Congress passed an act admitting Wisconsin as a State. Though amendments have been made at different times, the original Constitution still stands as the basis of the government.

Wisconsin entered the Union with the motto " Forward," and she has ever been true to it.

Chapter III. Constitutions.— Relations Between The State And The Nation

13. Progress of Liberty.' — The American people are especially fortunate in the fact that their government is one of constitutions and of laws made in accordance with these constitutions. This results from the bitter experience of our ancestors for centuries, with irresponsible, haughty and tyrannical kings and rulers. Nothing shows more clearly the progress of human liberty than the evolution of government from its earliest form, that of a monarchy or rule by one, through an oligarchy or rule by a few, to a democracy or rule by the many. For centuries the people were virtually enslaved by their rulers and there was very little freedom in the world — indeed, none but the rulers and a favored few were possessed of liberty. But in course of time there came to be serious doubts about the sacred character and privileges of the ruling classes — people began to see that their kings were human and only ordinary people like themselves; the printing-press w T as invented, and men's thoughts could now be recorded and spread abroad with more ease, certainty and effect than before — stimulating and encouraging study and communication with one another, making acquaintances and friends of people widely separated, and paving the way for harmonious thought and action on the part of those whose interests were the same. The effect of the invention of printing on human liberty can hardly be overestimated.

14. Origin and Purpose of Constitutions. — The experience of the world shows clearly that people possessed of power tend to increase it if possible ; and where there is a will there is also usually a way. In fact, at the opening of the thirteenth century the ruling classes of every country in Europe had so enhanced their powers and privileges that the people had very few of the rights of personal liberty, personal security, private property and religious freedom possessed by us to-day. 1 These are now so common that we are apt to think they w T ere always exercised by the people, and to forget the fierce, bitter and bloody struggle that secured them for us. And in this long contest, which is not yet ended, it has been the high privilege and destiny of the Anglo-Saxon or English-speaking race to take the lead, and stimulate others to the same work, until to-day in almost all of the civilized countries of the world the people are possessed of their rights and freedom in a very great degree. The details of this great struggle cannot be recorded here; but w T e need to note that it has been an attempt on the part of the people to win back rights once usurped and to guard against their loss in the future, either by drawing up compacts between themselves and their rulers, and forcing their rulers to sign and obey these compacts, or by overturning monarchical and aristocratic governments and establishing in their place democracies or republics founded upon written constitutions.