Mr. KILBOURN also visited different parts of the Territory, but his canvass was by no means so thorough as that of his principal competitor.

The aspect of the contest for the election of delegate to Congress was materially affected, and involved in increased uncertainty, by the self-assumed candidacy of THOMAS P. BURNETT, which was announced on the 29th of June, in the following card:

TO THE PEOPLE OF WISCONSIN :

Fellow-Citizens — At the request of numerous friends, I have concluded again to become a candidate to represent you as delegate in Congress. In presenting myself a second time before you to solicit your suffrages, I do so without reference to any party, either local or national, and independently of caucus nominations. If elected I shall devote my labors with zeal and fidelity to promote the best interests of the whole Territory, without regard to parties or sectional interests. The period of time which will elapse between this and the day of the election is too short to allow me to visit the different parts of the Territory for the purpose of making myself more generally known, and I hope this will be considered as sufficient apology for this short address.

Grant County, June 29, 1839.

Respectfully, your fellow citizen,

THOMAS P. BURNETT.

Mr. BURNETT, however, found time to visit the people of Milwaukee and Racine counties, and made as thorough a canvass as was practicable under the circumstances. The following is the official result:

Under the organic law the term of office of the Governor was three years. Governor DODGE was appointed in April, 1836, and his term of service commenced on the 4th of July. Shortly before the expiration of his term he was re-appointed for another term of three years.

The public sales of the Government land in the Milwaukee land district first proclaimed to take place at Milwaukee on the 19th of November, and 3d day of December, 1838, were in accordance with the general wish of the settlers, as expressed in their petitions, postponed by the proclamation of the President of the United States, until the 18th of February, and the 4th of March, 1839.

The sales took place at the times to which they were postponed, and during the first week averaged $25,000 per day. There was no competition at the sales, nor any attempt by "greedy speculators" to interfere with the claims of the settlers, who adjusted all conflicting disputes by arbitration, and the capitalists found it more for their interest to loan money to the settlers on the security of the land purchased by them, than to invest it in the lands themselves.

Thus all apprehensions on the part of the settlers in obtaining title to their claims, proved to be groundless, notwithstanding they had not been in possession of them on the 22d of June, 1838, as required by the pre-emption act passed on that day.

Very few lands were bought on speculation, and consequently a great portion of the best lands in the district were subject to entry at $1.25 per acre by the throng of emigrants that soon after occupied the entire country.

Complaints were forwarded to Washington of the manner in which Messrs. CAMERON and MURRAY had executed their duties as commissioners, for distributing the funds provided by the treaty with the Winnebago Indians of November 1, 1837, for the payment of their debts and for distribution among their relatives of mixed blood, of the large sum set apart by the treaty for their benefit. It was represented that of $52,300 awarded to sixteen half-breeds, $31,700 was retained by BRODHEAD as their attorney, and only $20,600 paid over to the half-breeds.

A full report of the proceedings of the board of commissioners was sent to the Secretary of War (Hon. JOEL R.

POINSETT), and he annulled all that was done by the former board of commissioners, and appointed Judge FLEMING, of the State of New York, to make the necessary awards and distribution of the money set apart under the treaty.

The new commissioner met the persons having claims upon the Winnebagoes and those of mixed blood claiming a distributive share of the fund provided for their benefit, at Prairie du Chien in the month of September, 1839, and discharged his duties in a satisfactory manner.

CHAPTER XXI.

TERRITORY OF WISCONSIN IN 1840.

Unlike the preceding session, the interests of Wisconsin in the action of the first session of the twenty-sixth Congress were not affected by any contest in relation to the seat of its delegate.

But if the bills and resolutions which were introduced by the delegate, and at his instance, are contrasted with the results, it will be seen that it was barren of affirmative action. These measures were:

First. "A bill concerning the judiciary of Wisconsin." It provided that the tenure of office of the Chief Justice and assistant judges should be limited to four years, and that it should be lawful for the President of the United States to revoke their commissions whenever it should be made to appear to him that they were unqualified, intemperate, incompetent, or neglected to perform the duties of their offices.

Second. A bill to amend the organic act; the first section of which provided, that the secretary, attorney, and marshal of the Territory should hold their offices, respectively, for the term of two years, unless sooner removed by the President, and that on the third day of July, 1840, and every two years thereafter the said offices should become vacant. The second section provided that the term of service of the members of the Legislative Council should be limited to two years, and that of members of the House to one year, to be computed from the 1st of January, 1841. That the

Legislative Assembly should hold one session annually, commencing on 1st Monday in October. The Governor might convene the Assembly whenever, in his opinion, the public interests rendered it necessary; but its session or sessions should in no one year exceed the term of forty days, nor should any law passed by the Legislative Assembly take effect until submitted to Congress.

The third section, restricted the authority of the Legislative Assembly to levy taxes, to three mills on the dollar of assessed valuation for all purposes whatever.

The fourth section related to the right of redeeming lands sold for taxes.

The fifth section provided that the Secretary, Marshal and Attorney should reside at the seat of Government of the Territory; and the judges in the judicial districts, to which they might respectively have been assigned.

Third. A joint resolution, declaring that certain laws of the Territory, designated by their titles,

"Shall be and the same are hereby disapproved by the Congress of the United States, from the date of the passage of said laws."

There were twenty-one of these laws and resolutions of which nine laws created private corporations; two related to the corporation of the borough of Green Bay, one to the corporation of the town of Milwaukee; one legalized the proceedings of commissioners of Milwaukee county; one for the relief of the county officers of Brown county; one authorized the erection of a dam across Rock River; the other law, and the one in which the delegate was supposed to have a personal interest, was the act of March 8, 1839, which removed the commissioners of public buildings, passed December 3, 1836, and provided for the election of new commissioners.

Of the resolutions specified, two related to the transportation of the mail between Madison and Milwaukee, and three in relation to fiscal agencies.

Fourth. A bill concerning the southern boundary of Wisconsin.

Fifth. A bill to provide for the construction of harbors in Wisconsin.

Sixth. A bill to continue the duty on lead imported into the United States. This bill provided that in lieu of the duties then imposed by law on lead, the duty should be three cents per pound on lead in pigs, bars, pipes, sheets and

scrap lead; three and one-half cents on leaden shot or balls and four cents on red or white lead.

Seventh. A bill to authorize the erection of a penitentiary, which granted and appropriated ten thousand dollars to the Territory for the purpose of constructing a penitentiary at such place as the Legislative Assembly should select, to be drawn and expended by that body after the location, plans, and estimates should have been made and contracts entered into for its erection, and satisfactory evidence thereof should have been exhibited to the Secretary of the Treasury.

None of these seven measures were adopted by Congress. No appropriation was made for harbors, light-houses, roads, or for any internal improvements whatever, nor for any object of direct interest to the Territory, except the annual appropriation for the salaries of the Governor, Secretary, and Judges, which was the usual amount of $9,100; for contingent expenses, $350, and for the pay and mileage of the members of the Legislative Assembly, pay of officers, printing, furniture, stationery, fuel, and other incidental expenses, the sum of $34,075.

The subject of appropriations by Congress for harbors on the western coast of Lake Michigan, and for roads into the interior, was of great importance to the people, and a harbor at Milwaukee and roads from that point were, by common consent, regarded as of the first importance. Public meetings at Milwaukee, Madison, and other points were held, pressing these measures upon the favorable consideration of Congress, and petitions for the same purpose were presented to Congress, signed very generally by the inhabitants of all parts of the Territory, and great disappointment was felt at the result.

An act was passed, approved June 1, 1840, which extended the provisions of the pre-emption act of 1838, until June 22, 1842, to all settlers on the public lands at the date of its passage.

A general law was also passed, to the effect that whenever the surveys and records in any district for which surveyorsgeneral had been or might be appointed, should be completed, the surveyor-general thereof should be required to deliver over to the Secretary of State of the respective States, in