Resolutions were adopted, declaring the right of the inhabitants under the Ordinance of 1787 to form a state government bounded on the south by an east and west line, through the southern bend or extreme of Lake Michigan, and requesting the state of Virginia to require of the government of the United States a strict compliance with the Ordinance of 1787.

On the 6th of September, 1834, an act was passed entitled "An Act to establish the boundaries of the counties of Brown and Iowa, and to lay off the county of Milwaukee." The act was as follows:

"SECTION 1. That all that district of country bounded north by the county of Michilimacinac, west by the Wisconsin river, south by the line between townships eleven and twelve north in the Green Bay land district, and east by a line drawn due north, through the middle of Lake Michigan, until it strikes the southern boundary of the county of Michilimacinac, shall constitute the county of Brown.

SECTION 2. All that district of country bounded north by the middle of the Wisconsin river, west by the Mississippi, south by the north boundary of Illinois, and east by the principal meridian dividing the Green Bay and Wisconsin land district (this was the range line between ranges eight and nine east) shall constitute the county of Iowa,

SECTION 3. All that district of country bounded north by the county of Brown, east by the eastern boundary of Illinois extended, south by the state of Illinois and west by the county of Iowa, shall constitute the county of Milwaukie.

SECTION 4. The county of Milwaukie is hereby attached to the county of Brown for judicial purposes."

It remained attached to Brown county, until August 25, 1835, when an act was passed giving it an independent organization.

Another act was passed, by which all of the territory west of the Mississippi river, which had been attached to Michigan Territory by act of Congress approved June 28, 1834, was divided into two counties which were laid out and organized; the northern one by the name of Dubuque, and the southern one by the name of Demoine.

The division line between the two counties was

"A line to be drawn due west from the lower end of Rock Island to the Missouri river."

The sixth section of the act provided that

"Process, civil and criminal, issued by the Circuit Court of the United States for the county of Iowa, shall run into all parts of said counties of Dubuque and Demoine. That writs of error shall lie from the Circuit Court for the county of Iowa to the County Courts established by this act."

It was provided by an act approved September 6, 1834, that a census of the inhabitants of the territory east of the Mississippi river, should be taken by the sheriffs of the

several counties, between the second Monday of October, and the first Monday of November, 1834.

The first act incorporating a bank west of Lake Michigan was passed January 23, 1835, the title of which was "An act to incorporate the stockholders of the Bank of Wisconsin." The act provided that a bank should be established in the county of Brown or Iowa, at such place as a majority of the stockholders should determine; the capital stock whereof should be $100,000, in shares of $50 each. Subscriptions toward the stock were to be opened at Green Bay and Mineral Point, of which two months' notice was to be given in a newspaper printed at Detroit, under the superintendence of JOHN D. ANSLEY, JOHN P. ARNDT, CHARLES TULLAR, WILLIAM DICKINSON, GEORGE D. RUGGLES, HENRY MERRILL, and NATHAN GOODELL.

The bank was put in operation at Green Bay, and had a history, which will be adverted to in subsequent pages.

A dam across Fox river at the head of a rapid in said river, called the Rapide des Peres, was, by an act approved January 26, 1835, authorized to be built by WILLIAM DICKINSON, CHARLES TULLAR and JOHN P. ARNDT. The dam was subsequently built, and the village of Des Peres grew up at that point.

The first effective step toward the formation of a State government in Michigan was taken January 26, 1835, by an act of the Legislative Council approved that day, entitled "An act to enable the people of Michigan to form a constitution and State government."

The Territory as established by the act of Congress, entitled "An act to divide Indiana Territory into two separate governments," approved January 11, 1805, was by the act divided into sixteen districts, among which were apportioned eighty-nine delegates, to be elected by the several districts on the 4th day of April, 1835.

The delegates were elected April 4, 1835, and were to meet at the capitol, in the city of Detroit, on the second Monday of May, 1835.

There were eighty-seven delegates, and as political parties were then divided, there were about seven eighths Democrats and one eighth Whigs. JOHN BIDDLE, who had previously been delegate in Congress, was president of the convention.

The constitution was adopted by a vote of the people in

October, 1835, there being 6,299 yeas and 1,359 nays. It remained in force as the fundamental law of the State until the constitution of 1850 went into operation.

On the 11th day of July, Secretary and Acting Governor STEVENS T. MASON issued his proclamation for a special session of the Legislative Council at Detroit on the 17th day of August, 1835. No reason for this session was assigned in the proclamation, except that

Matters of import involving the rights and interests of the Territory require the consideration of the Legislative Council."

The Council met at the time named in the proclamation, JAMES D. DOTY being the sole representative of that part of the Territory west of Lake Michigan. It was disclosed by the message of the Acting Governor that the principal "matter of import" was the southern boundary controversy with Ohio. Some other matters, however, received the attention of the Council. Of those affecting Wisconsin were the following:

An act changing the time of electing delegate to Congress and members of the Council from the first Monday of November to the first Monday of October, and changing the officers who were to canvass the votes for delegate to Congress and certify the result.

An act to organize the county of Milwaukee; and an act to incorporate the Wisconsin Internal Improvement Company. This related to the Fox and Wisconsin rivers.

The Council was in session only about ten days.

The following appointments for the newly-organized county of Milwaukee were made by the Governor and Council:

Chief Justice, WILLIAM CLARK; Associate Justices, JOEL SAGE and JAMES GRIFFIN; County Clerk, ALBERT FOWLER; Sheriff, BENONI FINCH; Judge of Probate, GILBERT KNAPP; Justices of the Peace, BENJAMIN FINCH, JOHN BULLEN, Jr., WILLIAM SEE, JOEL SAGE, SYMMES BUTLER, HENRY SANDERSON, and WILLIAM CLARK.

The laws of the Territory of Michigan, so far as the same were applicable to the counties of Brown, Crawford, Iowa, and Milwaukee, were the laws governing those counties from the time they were respectively organized until they were altered or repealed by the Legislative Assembly of Wisconsin after its organization on the 4th of July, 1836.

And after that time the laws of Michigan, not incompatible with the organic act of Wisconsin Territory, were extended over it, subject to alteration, modification, or repeal.

The most important of these laws were those affecting the rights of persons and property.

The judicial system of Michigan Territory consisted of a Supreme Court, Circuit Courts, County Courts, Probate Courts, and justices of the peace.

The Supreme Court consisted of three judges appointed by the President of the United States.

This court had original and exclusive jurisdiction in all civil actions at law, where the matter in controversy exceeded one thousand dollars; all cases of divorce, all actions of ejectment, all criminal cases when the punishment was capital, and of all cases not made cognizable before some other court. It had concurrent jurisdiction with the county court of all other crimes and offenses; and appellate jurisdiction from the county courts in all civil cases in which those courts had original jurisdiction.

The Supreme Court had power to issue writs of habeas corpus, mandamus, prohibition, error, supersedeas, procedendo, certiorari, scire facias, and all other writs which might be necessary to enforce the administration of right and justice. It held one term annually at Detroit on the third Monday in September.

The laws prescribed with much particularity the mode of proceeding and the practice in the court, and clothed it with all authority essential to the complete and effective exercise of its judicial powers.

In 1825 the Territory, except the counties of Brown, Crawford and Michilimacinac was divided into five circuits, and one of the judges of the supreme court was required to hold a circuit court in each circuit. But the act of Congress passed in 1823, by which an additional judge for the Michigan Territory was required to be appointed for the counties of Brown, Crawford and Michilimacinac, rendered it unnecessary, if not incongruous that the circuit court system of eastern Michigan, should be extended to these counties, and they were therefor excepted from the operation of the circuit court system established in 1825.

The county court system of jurisprudence, although it had previously existed, was revised and re-organized by an

act of the Governor and judges adopted on the 21st of December, 1820.

It was provided by this act that a court should be established in every county of the Territory, to consist of one chief justice and two associate justices, any two of whom should form a quorum. It had original jurisdiction in all civil cases where the matter in controversy was not within the jurisdiction of a justice of the peace, and did not exceed the sum of one thousand dollars; and appellate jurisdiction from any judgment or decision of justices of the peace. It also had cognizance of all crimes and offenses the punishment whereof is not capital, concurrent with the Supreme Court.

It is, however, to be borne in mind, that in the counties of Michilimacinac, Brown and Crawford, and subsequently in Iowa and Milwaukee counties, the additional judge for those counties was substituted for the Supreme Court.

Clerks of the County Court were appointed by the Gov

ernor.

The terms of the court were limited to two weeks.

The practice, pleadings and proceedings in the court were most minutely provided for by the act; even to the extent of providing that paper instead of parchment should be used in all proceedings in the court.

An act passed April 21, 1825, provided that the county court in Brown county should be held on the second Monday in January, and in Crawford county on the second Monday in May.

By an act approved April 12, 1827, it was provided that the county courts should have jurisdiction in all matters properly cognizable in chancery, where the sum or matter in dispute does not exceed one thousand dollars, with a right of appeal in all cases.

The probate court consisted of a judge in each county, appointed by the Governor, and possessed the power and jurisdiction ordinarily exercised by probate courts.

The judicial powers vested in justices of the peace were similar to those ordinarily exercised by like officers, except that they were restricted to matters where the subject in controversy did not exceed one hundred dollars.

As intimately connected with and essential to the proper administration of justice, suitable provision was made by law in reference to attorneys, the marshal of the Territory,