Clark County, Wisconsin - Chapter 4: Governmental Jurisdiction, 1918

Jurisdiction over Clark County has been claimed by four nations, Spain, France, England and the United States; by the French and English colonial authorities; by the territorial officials of the Northwest Territory and of the Territories of Indiana, Illinois, Michigan and Wisconsin; and by the officers of the counties of Crawford, La Crosse, Chippewa and Jackson.

Spain, by virtue of the discoveries of Columbus and others, confirmed to her by Papal grant (that of Alexander VI, May 4, 1493), may be said to have been the first European owner of the entire valley of the Mississippi River, but she never used this claim as a ground for taking actual possession of this part of her domains other than was incidentally involved in De Soto's doings. The name of Florida was first applied to the greater part of the eastern half of North America, commencing at the Gulf of Mexico, and proceeding northward indefinitely.

England, basing her claims on the explorations made by her subjects along the Atlantic Coast, issued to various individuals and "companies," charters to vast tracts of land extending from the Atlantic westward.

Practically, however, the upper Mississippi Valley may be considered as having been in the first place Canadian soil, for it was Frenchmen from Canada, who first visited it and traded with its natives. The names of Canada and New France were used interchangeably to apply to the vast French possessions of the American continent. The name, Louisiana, was invented by La Salle and applied by him to the entire Mississippi Valley. But generally speaking, the Canada or New France of the eighteenth century took in the upper Mississippi Valley, while the name Louisiana was used for the lower valley.

At the close of the great European conflict which found its echo in the so-called French and Indian War in America, the area that is now Wisconsin, became by the Treaty of Paris, signed Feb. 10, 1763 (a preliminary treaty having been signed at Fontainebleau, Nov. 3, 1762), a part of the British empire.* s

The success of the American Revolution, resulting in the Treaty of Paris,' Sept. 3, 1783, revived the claims of the coast States; but finally these claims were ceded to the Federal government, in order to form a national domain from which to create new States and Territories.*. The land having been acquired by the Federal authority, many plans were proposed for its government. Thomas Jefferson suggested that the territory be divided into ten States, of which the State of Michigania was to include Trempealeau County.* eration (the Constitution of the United States not being adopted until Sept. 17, 1787) by the "Northwest Ordinance," passed July 13, 1787.2 Eventually there were formed from the Northwest Territory, in addition to Ohio,* the Territories of Indiana* (May 7, 1800), Michigan * (Jan. 11, 1805), Illinois* (Feb. 3, 1809) and Wisconsin (April 20, 1836). Wisconsin was a part of the Northwest Territory from July 13, 1787, to May 7, 1800; of Indiana Territory from May 7, 1800, to Feb. 3, 1809; of Illinois Territory " from Feb. 3, 1809, to April 18, 1818; and of Michigan Territory from April 18, 1818, to April 29, 1836, when the Territory of Wisconsin was created.

Crawford County, erected by proclamation of Lewis Cass, governor of Michigan Territory, Oct. 26, 1818, included what is now Clark County." When the Territory of Wisconsin was organized, Crawford County still contained in its vast area the present limits of Clark County. Chippewa County was created in 1845,* and the next year was made to include a part of what is now Clark County, the line between Chippewa and Crawford counties, through the present Clark County, running from the source of the Buffalo River along the dividing ridge between the waters of the Eau Claire and Black rivers.+ Thus the northwest portion of Clark County was included in Chippewa County, and the remainder was still in Crawford County. That part which was left in Crawford County go continued until 1851, when it was placed in La Crosse County created that year.** The same area was included in Jackson County, when that county was cut off from La Crosse in 1853.1° In the meantime, the part of the present Clark County northwest of the Black River-Eau Claire River watershed had remained in Chippewa.

Clark County was created in 1853, somewhat later in the year than Jackson County." It consisted of all that is now Clark County except the five townships in Range 4 West, these remaining in Chippewa County with the exception of the southern part of what is now Mentor Township, which remained in Jackson. Clark County, as created at that time, also included land north of the present county.

In 1854, the limits of Clark County were defined as north of the line between Townships 23 and 24; east of the line between Ranges 4 and 5 West; south of the line between Townships 31 and 32; and west of the line between Ranges 1 and 2 East; portions of the added territory being taken from Jackson and Chippewa Counties.'* According to this definition of the boundaries, the four Townships 23, in Ranges 1 East, and 1, 2 and 3 West, would be detached from Clark and added to Jackson County. This was not actually done, however, and the Revised Statutes of 1858, assigned these four townships to Clark County."

In 1875, Taylor County was erected, taking from Clark County, Townships 30 and 31, of Ranges 1 East to 5 West, that is, the ten northern townships, thus leaving the boundaries of Clark County as at present.2°

Por story of French, Spanish and English domain in this region, see: Moses M, Strong, Civil Government from 1512 to 1831, History of the Territory of Wisconsin (Madison, 1885), 151-165.

Wedge, Histury of Winona Counti, Minnesota (Chicago, 1913), 50-58. See also: Reuben Gold 'Uhwaites, Boundaries of Wiscousin, Wis. Hist. Colls., XI, 451-501.

For story of the counties of which Clark County has been a part, see: Louise Phelps Kellogg, Organization, Boundaries aud Names ot Wisconsin Counties, Wis. Hist. Soe., Proceedings, 1910, 154 et. seq.

1 - For preliminary treaty of Noy. 3, 1762 (printed from Gentleman's Magazine, XXXII, 477-479), and the Quebee Act (reprinted from British Statutes at Large - London, 1776 - XIJ1, 184-187), see: Thwaites, ed., Important Western State Papers, Wis. Hist. Colls., XI, 36-60. The Proclamation of King George established four separate governments in the acquired territory, but none included Wisconsin, The Quebec Act extended the jurisdiction of Quebee to a tract of land embracing Wiseousin, But Virginia, in October, 1778, aiter the opening of the Revolution, claimed authority over land northwest of the Ohio, by establishing the county of Ilinois, embracing a vast tract which included Wisconsin (Strong, History of the Verritory of Wisconsin - Madison, 1885), 154-155. Virginia's claim was based on the King's grant in 1609 to the London Company, which concluded with the words 'tand all that Space and Cireuit of Land Lying from the Sea-coast of the Precinct aforesaid up into the land throughout, from Bea to Sea, West and Northwest'' - Carrie J. Smith, Muking of Wisconsin (Chicapo, 1s), 167.

3 - For acts of relinquishmeut see: Lyman J. Nash and Arthur F. Belitz, revisors, Wisconsin, Annotations (Madison, 1914), 1776-1787. For map of conflicting claims, see: Smith, Making of Wisconsin (Chieago, 1908), 168.

6 - When Indiana was created a territory, May 7, 1800, the eastern part of the old Northwest Territory still retained its original name. 'This eastern division, with a change of boundary, adopted a constitution and created a state government under the name of the State of Ohio, Nov. 29, 1802. Feb. 19, 1803, Congress declared that Ohio had become one of the states of the Union. For enabling act, see: 2 United States Statutes at Large, 175, or Wisconsin Annotations, 1914, 1796-1797. Kor recognition act see: 2 United States Statutes at Large, 201, or Wisconsin Annotations, 1914, 1798.

9 - 2 U.S. Statutes at Large, 514, or Wisconsin Annotations, 1914, 1800; the enabling uct was passed April 18, 1818 (3 U.S. Statutes at Large, 428, or Wisconsin Annotations, 1914, 1804-1805); the admission act was passed Dee. 3, 1818 (3 U. S. Statutes at Large, 536, or Wisconsin Annotations, 1914, 1806), The enabling act (Section 7) attached to Wisconsin to Michigton territory.

When the territory was erected, Aug, 6, 1846, the title of Wisconsin was taken 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 '* Miseonsing,'' 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 Territory. Some of the people of Wisconsin were not 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 1831, Governor Doty, the leader in the movement, had the question put to popular yote within the Territory, 92 voting for, and 499 against it; in 1832, there was still another vote - ayes 619, nays 1,821; in 1834, a third attempt was defeated in the Territorial counvil; and in 1845, still another met defeat in the assembly. 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 (Jan. 9, 1846), 'fof a motion for leave to introduce a bill to enable the people of Wiscousin to form a constitution and State government, and for the admission of such State into the Union.'' He followed this (Jan. 13) by the introduction of a bill to that effect; the measure was approved by President Polk, Aug, 10. Meanwhile, in January and February, 1846, the council and house of Wisconsin Territory had tavorably voted on the proposition, and discussed some of the principal features of the proposed State constitution. On April 17, 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 Henry 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 Sept. 7.. The convention was in session in the Territorial eapitol at Madison, between October and December 16, 1846. Don A. J. Upham was president, and Lafayette Kellogg, secretary. The constitution framed by this convention was submitted to popular vote, April 5, 1847, the result being 14,119 ayes and 20,231 nayes. The contest over the document had been. of an exciting nature; the defeat was owing to differences of opinion upon the article relating to the rights of married women, the article on exemptions, and those on banks, the elective judiciary, and the numerical size of the legislature, As soon as practicable, Governor Dodge called a special session of the legislature, which convened at Madison, Oct. 18, and made provision for a second constitutional convention of sixty-nine members, This second convention was in session at Madison from Dec. 15, 1847, to Feb, 1, 1848. On Feb. 21, 1548, notice was given to Congress by the Wiscousin territorial delegate, John H. Tweedy, of his intention to introduce another bill for the admission of Wisconsin into the Union. March 13, the people of the Territory voted on the new constitution, and it was adopted by 16,799 ayes and 6,854 nays. March 16, in a special message, President Polk submitted to Congress the Wisconsin constitution, with accompanying documents. March 20, Mr. Tweedy introduced his promised + bill which, on April 13, was favorably reported from the committee on territories, read first and second times, and referred to the committee of the whole, It was made special order for May 9, and ''each day thereafter until disposed;'' and on the 11th was engrossed, read a third time, and passed. The Senate at onee took action; May 12, the bill was there read first and second times and referred to committee on territories; a week later (May 19), the bill was concurred in, and ten days later (May 29) it was approved by the President. Wisconsin was thus admitted to the Union of States, by the Act of Congress approved May 29, 1848. Upon the day of the general vote on the new constitution (Mareh 13), the Territorial legislature adjourned sine die, after making full arrangements for the new government which was to suceecd it; for it was well understood what the popular verdict would be, The general election for the first State officers and the members of the first State legislature was held May 8. Upon the 7th of June, Governor Nelson Dewey and his fellow officials were sworn into office, and the legislature opened its first session. Thus the State of Wisconsin began business. (By Reuben Gold Thwaites, in the Wisconsin Blie Book, 1913, 17-20.) 11 - Except a part of Kewaunee and Dorr Counties, 12 - Territorial Laws of Michigan Territory, I, 327. 15 - Lauws of Wisconsin Territory, 1845, Act Approved Feb. 3. 14 - Laws of Wisconsin Territory, 1846, Act Approved Jan. 14, 15 - Chapters 151, 132, General Laws of 1851. 16 - Chapter §, General Laws of 1853, 17 - Chapter 100, General Laws of 18538, Act Approved July 6. 18 - Chapter 100, General Laws of 1854. 19 - See. 8, Chap. 2, Revised Statutes of 1858. 20 - Chapter 178, General Laws of 1874.