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were the laws governing those counties from the time they were respectively organized until they were altered or repealed by the Legislative Assembly of Wisconsin after its organization on the 4th of July, 1836.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,

sheriffs, coroners, constables, grand and petit juries, as well as notaries public, and in relation to the compensation of officers.

As incidental thereto, proper laws were enacted in reference to amendments and jeoffails, attachments, executions depositions, arbitrations, marriages, divorce, bastardy, wills and intestacies, executors and administrators, settlement and descent of estates, insolvent estates, and guardians as well as to the execution and recording of deeds, fraudulent conveyances, forcible entry and detainer, partition of lands and surveyors, also providing for the punishment of crimes and the trial of accused persons, and prohibiting gaming.

The duties of the treasurer of the Territory and county treasurers, and the levying and collection of taxes were all regulated by law.

Imprisonment for debt not having been abolished, proper laws were passed in relation to poor debtors and their discharge.

The subject of slavery not having been much agitated as early as 1827, an act was passed in that year which provided, that no black or mulatto person should settle or reside in the Territory without a certificate of freedom; and made it a penal offense to harbor or secrete any such person, the property of another, or to hinder or prevent the owner from recapturing him or her. All blacks and mulattoes were required to enter bonds for good behavior, and that they should not become a public charge, as a condition of residence.

Laws were passed to enforce the observance of the Sabbath and concerning religious societies, as well as for the establisment of common schools.

Interest was regulated by law, six per centum being the established lawful rate.

An organized militia was provided for.

The support of paupers was provided for by contract with the lowest bidder.

The appointment of auctioneers was provided for.

Laws were passed in relation to highways and fences and many other subjects affecting the civil and criminal polity of the Territory.

CHAPTER XV.

WISCONSIN IN A TRANSITION STATE-1835-6.

In 1825, to a very limited extent, but more generally in 1826, 1827, and 1828, the country known as the Upper Mississippi lead mines, as contra-distinguished from the Missouri mines, was occupied in numerous localities by adventurers from every part of the country. This occupancy at first was confined to the immediate vicinity of Galena, but soon extended to Grant, La Fayette, and Iowa counties, and to the western part of Dane and Green counties. It was not, however, until after the "Winnebago war" of 1827, and the Black Hawk war in 1832, and the Indian treaties which were the result, that such a feeling of security attended the inhabitants as was essential to the permanent and secure growth and prosperity of the country.

By the treaties of Prairie du Chien, of July 29th and August 1, 1829, and of Rock Island of September 15th and 21st of that year, and of September 21st, 1832, the Indian title to much territory was extinguished, its boundaries defined, the removal of the Indians secured, and occupancy by the whites divested of its hazards.

Col. WILLIAM S. HAMILTON was a son of Gen. ALEXANDER HAMILTON, of Revolutionary fame. He had been engaged in surveying the public lands in Illinois, and in 1825, having entered into a contract to supply the garrison at Fort Howard with provisions, he left the southern part of Illinois with seven hundred head of cattle, and proceeded with his whole drove by the way of Chicago, coasting the lake by the mouths of the Milwaukee, Sheboygan and Manitowce rivers to Green Bay, where he arrived in safety on the 27th of June, without any material loss of his cattle. On reaching Milwaukee he found SOLOMON JUNEAU, who had a trading house on the east side of the river, near where Wisconsin street is now laid out. Mr. JUNEAU was the only civilized human being then living near the lake shore between Chicago and Green Bay. Col. HAMILTON, in 1828, removed to what is now Wiota, in La Fayette county, where he lived about twenty years, when he removed to California, and died there in 1851.