CHAPTER XX.

TERRITORY OF WISCONSIN IN 1839.

The proceedings of the third session of the twenty-fith Congress, commencing December 3, 1838, and ending March 3, 1839, so far as they affected the Territory of Wisconsin, were not subordinate in interest to those of any preceding session.

The first question which arose, affecting those interests, was, which of the two gentlemen claiming the right to represent the Territory during that session-GEORGE W. JONES or JAMES D. DOTY was lawfully entitled to the seat?

It was claimed by Mr. JONES that by virtue of his election in October, 1836, and in accordance with the provisions of an act of Congress passed March 3, 1817, his term did not expire until March 3, 1839.

He took his seat at the opening of the third session, as members of the House did, having taken the oath and occupied the seat at the first (special) and second sessions of that Congress.

Mr. Dory presented the certificate showing that on the 10th of September, 1838, he had been duly elected, and claimed the seat occupied by Mr. JONES, contesting his right to hold it.

The matter was referred to the committee on elections. The first section of the act of March 3, 1817, which was still in force, prescribed :

"That in every Territory of the United States, in which a temporary government has been, or hereafter shall be, established, and which, by virtue of the ordinance of Congress of 13th July, 1787, or of any subsequent act of Congress, passed or to be passed, now hath or hereafter shall have the right to send a delegate to Congress; such delegate shall be elected every second year for the same term of two years for which members of the House of Representatives of the United States are elected."

It was claimed by Mr. JONES that under the act of 1817, a delegate must be elected only for one Congress, and not for parts of two congressional terms; that his term as a delegate from Wisconsin did not commence until the 4th of March, 1837, and consequently would not expire until the 4th of March, 1839. Of course, upon this hypothesis, it was claimed that his service as delegate previous to March, 1837,

was as a delegate from Michigan Territory, by virtue of his

election as such in 1835.

It was claimed by Mr. DoTY that the act of 1817 was controlled by the organic act of the Territory of Wisconsin, passed April 20, 1836, which gives the power to its citizens to elect a delegate to represent them in Congress, without fixing any time for the commencement of his services, and that the term of service commenced instanter upon the election of the delegate, and that Mr. JONES's duties as a delegate from Wisconsin commenced with his election in October, 1836, and terminated with Mr. Dory's election in 1838.

On the 21st of December, 1838, Mr. BUCHANAN, from the committee on elections, submitted a report, in which the committee say—

.."After all the consideration which the committee have been able to bestow on the subject, they have no hesitation in saying that considerable difficulty exists in reconciling the different acts which may be supposed to have a bearing on the matter; yet they feel a great degree of confidence in two positions; first, that it was the intention of Congress by the act of April, 1836, organizing the Territory, to afford the people of the Territory the priv. ilege of an immediate representation in Congress by a delegate to be elected by themselves; and second, that the people of the Territory acted with a view to the enjoyment of that privilege in electing a delegate in October, 1836, and that Mr. DOTY is entitled to a seat under his election in 1838."

The committee reported the following resolution:

"Resolved, That JAMES DUANE DOTY is entitled to a seat in this House as a delegate from Wisconsin Territory, and that GEORGE W. JONES is not so entitled."

On the 3d of January, 1839, the resolution reported by the committee being under consideration, its adoption was advocated by Mr. CRAIG, Mr. RANDOLPH of New Jersey and Mr. CARY of Michigan. Mr. JONES's right to the seat was advocated by Mr. THOMAS of Maryland and Mr. CUSHING of Massachusetts, when the previous question having been ordered, the resolution was adopted by a vote of 165 to 25, and Mr. Dory was qualified and took his seat.

On the 5th of January, Mr. MASON, of Ohio, offered a resolution that Mr. JONES was not entitled to mileage or per diem, which after a long debate was defeated by a vote of 96 to 89. So that he received his mileage and per diem, up to the 3d of January.

The GRAVES and CILLEY duel, to the details of which so much space was devoted in the preceding chapter, led to the passage of the act of Congress of February 20, 1839,

To prohibit the giving or accepting within the District of Columbia of a challenge to fight a duel, and for the punishment thereof."

This act has ever since been in force.

By its provisions the giving, accepting or the carrying of a challenge to fight a duel, or a message intended as such, within the District of Columbia, is made punishable by imprisonment to hard labor in the penitentiary, not exceeding ten years if the duel is fought, and either party is slain or mortally wounded, and not exceeding five years, whether the duel is fought or not.

The act also prescribes penalties for minor offenses incidental to a challenge.

The beneficial results to the Territory of the legislation of this session of congress, measured by the appropriations made, were meagre, when compared with the demands made upon Congress as exhibited by the bills introduced in the Senate and House.

This was attributable in a large degree to the state of the finances of the country at that time, and the embarrassed condition of the country, which was such that it was so difficult to procure funds for the ordinary operations of the Government, that the President recommended that no appropriations be made which could properly be avoided.

To this cause may be added the fact, that the contest for the seat of Delegate consumed one month of the short session, and the legislation affecting the Territory was postponed until near the close of the session.

In addition to the appropriation of $9,100 for compensation of Governor, Judges and Secretary, and of $25,000 for contingent expenses, pay and mileage of members of Legislative Assembly, printing, etc., the only appropriations made were the following:

"For the security of the commerce of the United States" there was appropriated; "For building a pier at the northern extremity of Winnebago Lake," five hundred dollars;

"For placing buoys at the mouth of Neenah river at the head of Green Bay, to mark the channel thereof," five hundred dollars;

"For the survey and estimate of the cost of improving the navigation of the Neenah and Wisconsin Rivers," two thousand dollars;

"For the construction of a road from Racine by Janesville to Sinipee on the Mississippi River," ten thousand dollars;

"For the survey and construction of a road from Sauk harbor on Lake Michigan to Dekorree on the Wisconsin River," five thousand dollars.

"For the construction of a road from Fond du Lac on Lake Winnebago by Fox Lake to the Wisconsin River." five thousand dollars;

That the sum of two thousand dollars, appropriated by act of July 7, 1838, for a railroad, shall be applied by the

Secretary of War to the survey of a railroad from the town. of Milwaukee to the Mississippi River.

Being a total of twenty-three thousand dollars for internal improvements in the Territory at this session.

A private act was also passed authorizing JOHN DOUGHERTY, a well-known Indian trader, to enter at the land office at Mineral Point, section 12, town 3, range 3 east, at the minimum price ($1.25 per acre).

Besides these acts making appropriations but three others affecting Wisconsin were passed at this session.

One of these modified the absolute veto power of the Governor upon the laws passed by the Legislature, contained in the organic act, to a qualified veto, and provided that bills might become laws if passed by a majority of two-thirds after being returned by the Governor without his signature.

Another act passed was one which provided for the partition and division of the township of land owned by the Brothertown Indians, among the different individuals composing said tribe and declaring that they should be citizens of the United States.

The other of the three acts alluded to, was to make the "middle or center of the main channel" of the Mississippi River, the common boundary line between the Territories of Wisconsin and Iowa and to give both territories concurrent jurisdiction upon the river.

The several bills which were introduced and which failed to pass, contemplated legislation of vastly more importance than any or all which did pass.

Their importance demands a brief reference to them.

The most important of these, and the most dangerous in its possible consequences, was entitled: "A bill to establish a system of internal improvements in Wisconsin." It provided that the Legislative Assembly of the Territory might authorize by law a loan upon the credit of the Territory of such unlimited sum as might be required for the improvement of the navigation of the Fox and Wisconsin Rivers; for the improvement of the Rock River and its branchesthe Pecatonica, River of the Four Lakes, the eastern branch of Rock River-to connect with the Milwaukee River, and of the latter stream to the lake, and the construction of a canal to connect Rock River with Winnebago Lake at Fond du Lac, and for the construction of such roads and canals as might thereafter be designated.

It authorized the Legislative Assembly to pass such laws as might be necessary to establish a board of public works; to create separate loans for each of said separate objects of improvements, and for the sale and negotiation of the stock for said loans, and to pledge the faith of the Territory and future State for the redemption of the loans at the periods stipulated, being not less than thirty years.

The net proceeds of the tolls to be received from the works, and all donations of land which might be made to the Territory in aid of said improvements, were to be and remain pledged for the redemption of the loans.

The board of public works was to consist of three citizens of the Territory, to be elected by the Legislative Assembly, on joint ballot, under whose direction the several proposed routes for improvement were to be surveyed and constructed, under the control and direction of the Legislative Assembly.

A survey of the route of any work, with a general plan and estimate of its cost, was to be made under the direction of the Chief of the Topographical Engineers and approved by him before such work could be commenced.

The money obtained from loans was to have been in the custody of the board of public works, subject to the control and management of the Legislative Assembly. No act creating a loan was to take effect until approved by Congress. There were many other minor provisions.

A most plausible letter to Hon. J. H. BRUNSON, chairman of the committee on territories, was written by Judge DOTY February 2d, in support of this bill, which was laid upon the table to accompany the bill.

A kindred measure and an essential part of the "system" was "A bill making a grant of land in aid of certain internal improvements in Wisconsin," which was reported in the Senate on the 11th February by Mr. LYON, from the committee on roads and canals.

The bill granted to the Territory alternate sections of land along and on each side of the Fox and Wisconsin rivers, and of the canal to connect them, in aid of the improvement of said rivers and of the construction of said. canal, which were to be disposed of for the redemption of such loans as might be made by the Legislative Assembly, for the purpose of constructing said improvements.

It also granted the alternate sections along and on each side of Rock River within the limits of Wisconsin, and of