skill and bravery of Black Partridge, Waubansee, Billy Caldwell and other friendly Indians to protect them." Messengers had been sent by the Chicago Indians to notify all hostile tribes of the intended evacuation of the fort, and of their plan of attacking the troops. Wherever these messages were delivered, the Indians wasted no time in repairing to the scene of massacre, but most of them arrived too late. These were infuriated at their disappointment, and sought to glut their vengeance on the wounded and prisoners. Mr. Kinzie and his family escaped through the protection of the savages. Of the other prisoners, Capt. Heald and Mrs. Heald were sent across the lake to St. Joseph's the day after the battle. Capt. Heald had received two wounds, and his wife seven, the ball of one of which was cut from her arm by Mr. Kinzie with a pen knife, after the engagement. Mrs. Heald was ransomed on the battle field by a half-breed, for a mule and ten bottles of whisky. Capt. Heald was taken prisoner by an Indian from the Kankakee, who, seeing the wounded and suffering condition of Mrs. Heald, generously released his prisoner, that he might accompany his wife. But when this Indian returned to his village on the Kankakee, he found that his generosity had excited so much dissatisfaction in his band, that he resolved to visit St. Joseph's and reclaim his prisoner. News of his intention having reached Topeneebe, Keepotah, Chandonnai and other friendly braves, they sent them in a bark canoe, under the charge of Robinson, a half-breed, along the eastern side of Lake Michigan, three hundred miles, to Mackinac, where they were delivered over to the commanding officer.

Lieut. Helm was wounded, in the action, and taken prisoner; and afterwards taken by some friendly Indians to the Au Sable, and from thence to St. Louis, and liberated from captivity through the agency of Thomas Forsyth. Mrs. Helm received a slight wound in the ankle, had her horse shot from under her, and, after passing through the agonizing scenes described, went with the family of Mr. Kinzie to Detroit. The soldiers, with their wives and children, were dispersed among the different villages of the Pottawatomies, upon the Illinois, Wabash, Rock river and Milwaukee. The largest proportion were taken to Detroit, and ransomed the following spring. Some, however, remained in captiv

ity another year, and experienced more kindness than was expected from an enemy so merciless.

On the 18th of April, 1818, congress authorized the people of Illinois to form a state constitution, and delegates to the constitutional convention were chosen. This body assembled at Kaskaskia, in July, and closed their labors by signing the constitution they had framed, on the 26th day of August. The election for the first legislature was appointed to be held on the third Thursday and the two following days in September, and all white male inhabitants above the age of twenty-one years, who were actual residents of the state at the time of signing the constitution, had the right of suffrage. The first session of the general assembly. was to commence at Kaskaskia on the first Monday in October following, but all subsequent sessions on the first Monday in December thereafter. The constitution was not referred to the people for adoption. In general, the latter were satisfied with the labors of their servants. Members to the general assembly were elected, met at the time appointed, and set in operation the new machinery of government. Shadrach Bond, of Kaskaskia, had been duly elected governor, and Pierre Menard, of the same place, lieut. governor. Their terms of service were from 1818 to 1822. Gov. Bond, in his brief inaugural address, called the early attention of the general assembly to a survey, preparatory to opening a canal between the Illinois river and lake Michigan. The second session commenced about the 1st of February, 1819, and continued until the 20th. During this period they revised and reenacted the territorial laws as far as applicable to the state, with such additional laws as the public exigencies seemed to require.

CHAPTER XXII.

TERRITORIAL HISTORIES-WISCONSIN.

Wisconsin under French-English and American Rule

Organization of the Territorial Government Administrations of Dodge, Tallmadge and Doty Organization of the State Government.

PREVIOUS to 1818 the settlements in what is now Wisconsin, were either under French, English or American rule. If the latter, it was government under the ordinance of 1787, and was, for judicial purposes, connected with one of the older territories. In this year it was attached to Michigan, and was divided into two counties known as Brown and Crawford. Brown county included all the territory east of the line drawn due north from the northern boundary of Illinois, through the middle of the portage between the Fox and Wisconsin rivers. Crawford county embraced the territory between the Mississippi river and the western boundary of Brown county. And on the 9th of October, 1829, by act of the legislative assembly of Michigan, Iowa was formed from that portion of Crawford county lying south of the Wisconsin river; and on the 6th of September, 1834, the western bound, ary of Iowa county was changed to the line between the Green Bay and Wisconsin land districts, which was a north and south line from the northern boundary of Illinois on the range line between ranges eight and nine.

After the organization of Iowa county in 1830, the county of Crawford was attached to Iowa county for judicial purposes, and remained so until Wisconsin territory was organized in 1836. In the spring of 1835, the legislative council of Michigan passed an act authorizing the people of the peninsula to form a constitution and state government for Michigan. By this act, all that part of the territory of Michigan lying west of lake Michigan was left without organization, though measures were being taken in congress for the organization of Wisconsin territory. In the inter

regnum, John S. Horner, secretary of Michigan territory, as acting governor, issued a proclamation on the 9th of November, 1835, convening the legislative council of Michigan (comprising the excluded territory referred to) at Green Bay, Jan. 1, 1836. The following were the members: First district, John Lowe, George H. Walker, Gilbert Knapp, William B. Slaughter and B. H. Edgerton; second district, William S. Hamilton and James R. Vineyard; third district, T. P. Burnett; fourth district, AllenHill and J. Parker; fifth district, J. B. Teas and Jeremiah Smith. Col. William S. Hamilton was elected president; A. G. Ellis, secretary; Levi Sterling, sergeant-at-arms; and W. B. Long, recording secretary.

The act of congress "establishing the territorial government of Wisconsin" was approved April 20, 1836. It provided that all the country included within certain prescribed boundaries, including all the territory now embraced in the states of Wisconsin, Iowa and Minnesota, and a part of the territory of Dakota, should form, and after the third day of July, 1836, constitute a separate territory, for the purposes of the temporary government of Wisconsin; at which time all the power and authority of the government of Michigan in and over the said territory ceased. The executive power over the territoroy was vested in a governor, who was also superintendent of Indian affairs, and whose approval of all laws was necessary before they should take effect.

The first important thing to be done to complete the formation of the embryo government was the organization of the legislative assembly, preliminary to which a census was to be taken by the sheriffs, and an apportionment of members of the two branches. made by the governor, among the several counties.

That portion of the territory which comprises the present state consisted of four counties-Brown, Crawford, Iowa and Milwaukee.

The time fixed by the governor for the election was the 10th of October, 1836. The election excited a very considerable interest, growing chiefly out of local considerations. The permanent location of the "seat of government," the division of counties, and the location of county seats, were the questions that chiefly influenced the elections; while the views of candidates in rela

tion to national politics had little or no influence upon the results.

Mr. John Atchinson, an enterprising citizen of Galena during the summer and autumn of 1836, having laid out a town plat between the two Platte mounds, to which he gave the name of Belmont, erected there several buildings designed for the accommodation of the legislative assembly; and the governor by proclamation, appointed that place, and the 25th of October as the time, for the meeting of the first session of the assembly. A quorum

of each house was in attendance at the time fixed for the meeting; and the two houses were speedily organized by the election of Hon. Henry S. Baird, of Green Bay, president of the council; and Peter Hill Engle, of Dubuque, speaker of the house of representatives. Each of the three branches of the infant government was now in working order, except that it remained for the legis lative assembly to divide the territory into judicial districts, and make an assignment of the judges. This was speedily done. Crawford and Iowa constituted the first district, to which the chief justice was assigned; Dubuque and Des Moines, the second, to which Judge Irvin was assigned; and Judge Frazer to the third, consisting of Milwaukee and Brown counties.

Gov. Dodge in his first message directed attention to defining the jurisdiction and powers of the several courts, and of matters connected with their administration; recommended memorializ ing congress on extending the right of preemption to actual settlers and to miners on the mineral lands, the removal of the ob structions in the rapids of the upper Mississippi, the construction of harbors and light houses on Lake Michigan, the improvement of the navigation of the Fox river, and a survey of the same from Green Bay to Fort Winnebago, the improvement of the Rock river, the increase of lands to the territory for school purposes, and for organizing and arming the militia for the protection of the frontier settlements.

The great and paramount question of the session was the location of the seat of government. To this, all others were subor dinate and made subservient. The wild spirit of speculation,which, in the earlier part of the year 1836, had, like a tornado, swept over the whole country, and which, having invaded and