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HISTORICAL OUTLINE OF THE ADMISSION OF

WISCONSIN TO THE UNION.

[By REUBEN G. THWAITES, Secretary of State Historical Society of Wisconsin.]

Previous to the fall of New France (1763), what is now Wisconsin was held by the French, who had several military posts within Its borders-the chief among them, at Green Bay and Prairie du Chien, and on Lake Pepin. Upon the assumption of British control, the country northwest of the River Ohio (including the present Wisconsin) was made a part of the Province of Quebec; but by the treaty of peace consequent upon the successful issue of the Revolution (1783), the country became a part of the United States. There were, at first, claims by tide-water States to some of the land in the then Northwest, but eventually these were abandoned, and the district became national domain. By the famous Ordinance of 1787, the trans-Ohio country was erected into the Northwest Territory; the ordinance provided for the ultimate establishment from this Territory, of five States. The story of how Ohio, Michigan, Indiana, and Illinois were in due course of time detached, will be found set forth in detail in the article on "The Boundaries of Wisconsin," in Wisconsin Historical Collections, Vol. XI.

The country west of Lake Michigan and north of the Illinois line, became in course of time, a part of Michigan Territory. But the great distance from Detroit, at a time when there were no railways or telegraphs, was such as to render the exercise of civil government here, almost impracticable. Hence, after much complaint and recrimination, Congress was, in 1836, induced to erect Wisconsin Territory-the name being derived from its principal river. It is an Indian name, the exact meaning of which is unknown; popular writers are fond of telling us 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 strenuously insisted on by Governor Doty and many newspaper editors, in the days of the Territory.

Preliminary Agitation.-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 proved abortive. In 1841, Governor Doty, the leader in the movement, had the question put to popular vote, 92 voting for, and 499 against it; in 1842, there was still another vote,-ayes 619, nays 1,821; in 1843, a third attempt was defeated in the Territorial Council; and in 1845, still another met defeat in the House. But at last, after ten years of Territorial existence, popular sentiment had been educated to a general desire for Statehood. Accordingly, Morgan L. Martin, of Green Bay, then the Territorial representative in Congress, gave notice in the House of Representatives (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 (January 13) by the introduction of a bill to that effect; the measure was approved by President Polk, August 16.

The person having the greatest number of votes as Vice President shall be the Vice President, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States.

ARTICLE XIII.

SECTION 1. Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

SECTION 2. Congress shall have power to enforce this article by appropriate legislation.

ARTICLE XIV.

SECTION 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States, and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any State deprive any person of life, liberty or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.

SECTION 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States. Representatives in Congress, the executive and judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabi tants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

SECTION 2. No person shall be a Senator or Representative in Congress, or elector of President or Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath as member of Congress, or as an officer of the United States, or as a member of any State Legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof; but Congress may, by a vote of two-thirds of each House, remove such disability.

SECTION 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing the insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

SECTION 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

ARTICLE XV.

SECTION 1. The right of the citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color or previous condition of servitude.

SECTION 2. The Congress shall have power to enforce this article by appro priate legislation.

HISTORY OF THE AMENDMENTS.

Twelve amendments were proposed by Congress, September 25, 1789, the last ten of which were adopted, and they are the first ten as given above. They were proclaimed in force, December 15, 1791.

The rejected Articles were as follows:

I. After the first enumeration required by the First Article of the Constitution, there shall be one representative for every 30,000 persons, until the number shall amount to one hundred after which the proportion shall be so regulated by Congress, that there shall not be less than one hundred Representatives nor more than one for every 40,000 persons, until the number shall amount to two hundred; after which the proportion shall be so regulated by Congress that there shall not be less than two hundred Representatives, nor more than one Representative for every 50,000 persons.

II. No law varying the compensation for the services of the Senators and Representatives shall take effect until an election of Representatives shall have intervened.

The twelve proposed amendments were acted upon as follows: All ratified by Kentucky, Maryland, New Jersey, North Carolina, South Carolina, Vermont and Virginia-7.

All excepting Art. I ratified by Delaware--1.

All excepting Art. II ratified by Pennsylvania-1.

All excepting Arts. I and II ratified by New Hampshire, New York, Rhode Island-3.

All rejected by Connecticut, Georgia and Massachusetts-3.

Article XI was proposed by Congress March 12, 1794, and declared in force January 8, 1798.

Article XII was proposed in the first session of the Eighth Congress and declared in force September 25, 1804.

Article XIII was proposed by Congress February 1, 1865, and declared in force December 18, 1865.

It was ratified by Alabama, Arkansas, Connecticut, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Louisiana. Maine, Maryland, Massachusetts, Michigan. Minnesota, Mississippi, Missouri, Nevada, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, West Virginia and Wisconsin-34.

Ratified conditionally by Alabama and Mississippi. Rejected by Delaware and Kentucky-2.

Article XIV was proposed by Congress June 13, 1866, and declared in force July 28, 1868.

It was ratified by Alabama, Arkansas, Colorado, Connecticut, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Massachusetts, Michigan, Min nesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina. Tennessee, Texas, Vermont, Virginia, West Virginia and Wisconsin--33. Of the above, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Car lina, South Carolina, Texas and Virginia first rejected the amendment but finally ratified it. New Jersey and Ohio rescinded their ratification.

No final action was taken by California-1.

Rejected by Delaware, Kentucky and Maryland-3.

Article XV was proposed by Congress February 26, 1869, and declared ir force March 30, 1870.

It was ratified by Alabama, Arkansas, Connecticut, Florida, Georgia, Illinois

Meanwhile, the Council and House of Wisconsin Territory had favorably voted on the proposition, and took time by the forelock by discussing some of the principal features of the proposed State constitution. This was in January and February, 1846. On the 17th of April, the question of Statehood was passed upon by the people of the Territory, the returns this time showing 12,334 votes for, and 2,487 against. August 1, Governor Dodge issued a proclamation calling a convention for the drafting of a constitution, and apportioning 124 delegates to the various counties; these delegates were elected September 7.

First Constitutional Convention.-The convention was in session in the Territorial capitol at Madison, between October 5 and December 16, 1846. Don A. J. Upham was president, and LaFayette Kellogg secretary. The membership was as follows:

Brown-David Agry, Henry S. Baird.

Calumet Lemuel Goodell.

Columbia-Jeremiah Drake, La Fayette Hill.

Crawford-Peter A. R. Brace.

Dane John Y. Smith, Abel Dunning, Benjamin Fuller, George B. Smith, Nathaniel F. Hyer, John M. Babcock.

Dodge-William M. Dennis, Stoddard Judd, Hiram Barber, Benjamin Granger, Horace D. Patch, John H. Manahan.

Fond du Lac---Warren Chase, Lorenzo Hazen, Moses S. Gibson.1

Grant Thomas P. Burnett, Thomas Cruson, Lorenzo Bevens, Neeley Gray, J. Allen Barber, James Gilmore, Franklin Z. Hicks, Daniel R. Burt, James R. Vineyard.

Green-Davis Bowen, Noah Phelps, William C. Green, Hiram Brown.
Iowa-William R. Smith, Moses M. Strong, Daniel M. Parkinson, Thomas Jen-
kins, William J. Madden, Ninian E. Whitesides, Joshua L. White, Thomas
James, Andrew Burnside, Moses Meeker, Elihu B. Goodsell.

Jefferson---Patrick Rogan, Theodore Prentiss, Aaron Rankin, Elihu L. Atwood,
Samuel T. Clothier, Peter H. Turner, George Hy

La Pointe--James P. Hayes.

Marquette-Samuel W. Beall,
Manitowoc Evander M. Soper.

Milwaukee--Don A. J. Upham, Franz Hübschmann, Wallace W. Graham, Gar-
ret Vliet, John Crawford, Asa Kinney, Garret M. Fitzgerald, John Cooper,
John H. Tweedy. James Magone, Horace Chase, Charles E. Browne.
Portage Henry C. Goodrich.

Racine-Edward G. Ryan, Marshall M. Strong. Frederick S. Lovell, Elijah Steele,
Stephen O. Bennett, Nathaniel Dickinson, Daniel Harkin, Chauncey Kellogg,
Haynes French, Chatfield II. Parsons, Victor M. Willard, James H. Hall,
James B. Carter, T. S. Stockwell.2

Rock-A. Hyatt Smith, David Noggle, Sanford P. Hammond, James Chamberlain, Joseph S. Pierce, George B. Hall, David L. Mills, John Hackett, Joseph Kinney, Jr., Israel Inman, Jr.

Richland-Edward Coumbe.
Sauk-William H. Clark,
St. Croir---William Holcombe.

Sheboygan--David Giddings.1

Washington-Bostwick O'Connor, Edward H. Janssen, Patrick Toland, Charles J. Kern, Hopewell Coxe, Joel F. Wilson.

Waukesha--Andrew E. Elmore, Pitts Ellis, George Reed, Elisha W. Edgerton, Rufus Parks, William R. Hesk, Barnes, Babcock, Charles Burchard, James M. Moore, Benjamin Hunkins,' Alexander W. Randall.

Walworth --Salmous Wakeley, Joseph Bowker, Charles M. Baker, John W. Boyd, William Bell, Lyman H. Seaver, Sewall Smith, Josiah Topping, William Berry, M. T. Hawes,

Winnebago-James Duane Doty.

The convention, as above constituted, was an able body of thoroughly repre

'Known to be living, in January, 1899.

This member never took his seat.

Seat unsuccessfully contested by Matthias J. Bovee,

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