lican stated that, whichever party succeeded at the fall election, statehood would become an immediate issue. Scores and hundreds of the inhabitants were ready to change their vote from the negative to the affirmative.

The differences of opinion were concerned with the method of action. Some of the more aggressive papers suggested that the time had come to form a state government and present the claim to Congress. "We need not," said the Madison Express, "stand like Iowa, hat in hand; we may go and demand admission not as a favor but as a right." Other more moderate counsels opposed action without congressional consent. The northern part of the territory preferred the slower or congressional method, the southern part desired immediate action by territorial authority.

As the event proved both methods were simultaneously evoked. On January 9, 1846 Morgan L. Martin, territorial delegate, obtained leave to introduce into the House of Representatives an enabling act for Wisconsin. This was referred to the committee on territories, and in June reported by Stephen A. Douglas and passed. The Senate concurred, and on August 6 the bill was signed by the President. In the meantime Governor Dodge in his message of January, 1846, recommended a statehood referendum to the legislature. That body favored the measure, and advised taking advantage of the situation. Florida and Texas had both been admitted since any northern territory had entered the Union. Iowa and Wisconsin were expected to restore the sectional balance in the Senate. The chief question was still one of boundaries. The idea of laying claim to northern Illinois had been dropped, but as Texas was intended to be divided into several slave states, the problem was to secure as many northern states as possible. It was contended that three states should be formed of the territory north and west of Wisconsin and Iowa and east of the Red River of the North. This would denude Wisconsin of a large part of her northwestern region. The legislature passed an act for the referendum in April without adverting to the sub

ject of boundaries. The benefit of a state government was the theme of the legislative speeches; control over finances, over school and university lands, over the judiciary, and the advantages of independency were the considerations urged. The chief party difference was with regard to the foreign vote, the qualifications for which had been amended in the preceding legislature by the requirement of a six months' residence, and a declaration of intended citizenship. The Whigs wished to reduce the foreign vote to a minimum, but the Democrats stood firm, and the referendum bill contained the proviso unchanged.

After the adjournment of the legislature it was evident that the statehood proposition would be accepted. All parties agreed that the territory would be the gainer by this measure. The vote was 12,334 in favor, 2,487 in opposition. On August 1, Governor Dodge apportioned the territory for delegates to a convention to prepare a constitution. All political parties nominated candidates and much interest was taken in their election, which occurred on September 7. One hundred and twenty-five delegates were chosen, most of them of the Democratic faith. The Whig members were few, but their influence was important because of their talents and ability. The entire convention was composed of the ablest leaders of opinion in the territory. Organization was effected October 5, by the choice of D. A. J. Upham, of Milwaukee, for chairman, and Lafayette Kellogg, of Madison, as secretary.

The convention was in session eleven weeks and two days, adjourning on December 16. The constitution it prepared for the consideration of the people was radical and democratic. Its chief model was the constitution and political practice of New York, but independence of thought, and readiness to experiment were marked characteristics of the convention. The principal innovations were the banking provisions forbidding all banks of issue; the judiciary arrangements for an elective system, and the nisi prius method of state courts; the property rights of married women; and

the exemption of the homestead from the creditor's claim upon the debtor. The question of negro suffrage was left for a special referendum, when the constitution's acceptance should be determined.

During the convention personal and party differences caused much friction. One of the leading members resigned before the close of the session. The President in his closing speech apologized for the lack of harmony, and hoped the constituents would consider the difficulties under which the convention had labored. Several of its members went away with the avowed purpose of defeating the constitution at the polls. Petitions were presented to the January legislature of 1847 urging the calling of another convention in case the constitution should be rejected. During the discussion of this measure strong speeches were made in opposition to adopting the constitution.

The opponents of the instrument were of no one party, but the Whigs as representatives of the moneyed and business class disapproved of the banking and exemption clauses. Ex-Governor Tallmadge was considered the commander-inchief of the anticonstitutional forces. The Liberty men opposed ratification because negro suffrage was not embodied in the instrument. One faction of the Democrats opposed, apparently because the other faction approved. The entire territory was divided into pro- and anticonstitution groups. The banking clause and the married women's property and exemption clauses raised a storm of opposition. The mass of the people was influenced by the impassioned oratory of the leaders. Mass meetings were held by both the "Friends of the Constitution" and the "Anti-Constitution" groups. Songs were written, liberty poles erected, and the populace was stirred to the pitch where blows succeeded words as arguments. Most of the voters had slight comprehension of the radical propositions embodied in the constitution, but influenced by party leaders they went to the polls April 6, 1847, prejudiced against the instrument and defeated its adoption by a vote of 20,231 to 14,119.

Before the constitution had been defeated, strong influence had been used to prepare the way for a second convention should the work of the first fall to the ground. The territorial press constantly agitated for a special legislative session, and petitions bearing many signatures requested immediate action. It was much desired that a constitution might be drawn in time to permit Wisconsin to take part in the presidential campaign of 1848. Accordingly on September 27, 1847 Governor Dodge issued a call for an extra session of the legislature which took place October 18-27. Its sole business was to arrange for a new constitutional convention, and the only difficulty was the apportionment of members. A strong desire was evinced for a small convention and the number of delegates was finally fixed at sixty-nine and the date for assembling on the fifteenth of December. These measures met with general approval, nominations were quickly made, and the election of delegates occurred on November 29. A few of the nominating conventions instructed their delegates; other candidates were closely questioned on the subjects of banking, married women's rights, and exemptions. Few of the first convention members were nominated a second time. choice resulted in a larger proportion of Whigs than were elected to the first convention, twenty-three of that party being chosen to forty-six Democrats. The convention organized with the election of Morgan L. Martin, chairman, and Thomas McHugh, secretary. The constitution was introduced by a bill of rights, which had been omitted from the earlier one. The fundamental law was drawn up on general principles and the disputed features of the earlier constitution were omitted. The elective judiciary was retained; exemptions and married women's property rights were left to legislation; a harmless banking privilege was incorporated.

The

The convention finished its labors on February 2, and the popular election was set for March 13. The Liberty party was the only opposition element in the territory. All

the press advocated the adoption of the new constitution. One of the members of the first convention attempted to secure from the legislature the right for the people to vote for the first constitution as well as for the second; but he was unsuccessful. The Germans and Norwegians voted in favor of the new instrument. The election on March 14 gave 16,417 votes in favor of the constitution and 6,174 against it. On April 8 the governor issued a proclamation declaring the result, and on May 29, 1848 Congress formally admitted Wisconsin to the Union.

LOUISE PHELPS KELLOGG.