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sentative men, of whom 42 were natives of New York State, 29 of New England, and 12 of foreign birth; 69 of them were farmers, and 26 lawyers. The oldest man was 65 years, and the youngest 23. The speeches, as recorded in the newspapers of the day, were of an exceptionally high order of excellence. The constitution which these men framed was submitted to popular vote, April 5, 1847, the result being 14,119 ayes and 20,231 nays. 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.

Second Constitutional Convention. As soon as practicable, Governor Dodge (Sept. 27, 1847) called a special session of the legislature, which convened at Madison October 18, and made provisions for a second constitutional convention, with 69 members. Most of the members of the first convention declined reelection to the second; six alone were returned Messrs. S. W. Beall, Warren Chase, Stoddard Judd, Theodore Prentiss, Garret M. Fitzgerald, and Frederick S. Lovell. The membership was as follows, Morgan L. Martin being president, and Thomas McHugh secretary:

Brown--Morgan L. Martin.

Calumet--G. W. Featherstonhaugh.1

Chippera and Crawford--Daniel G. Fenton.

Columbia- James T. Lewis.1

Dane-Charles M. Nichols, William A. Wheeler, William H. Fox.

Dodge-Stoddard Judd, Samuel W. Lyman, Charles H. Larrabee.

Fond du Lac--Samuel W. Beall, Warren Chase.

Grant---George W. Lakin, John H. Roundtree, Alexander D. Ramsay, Orsamus Cole, William Richardson.

Green James Biggs, William McDowell.

Iowa Stephen P. Hollenbeck, Charles Bishop, Joseph Ward.

Jefferson Theodore Prentiss, Milo Jones, Abram Vanderpool, Jonas Folts.

La Fayette-Charles Dunn, Allen Warden, John O'Connor.

Marquette and Winnebago Harrison Reed.1

Milwaukee--Byron Kilbourn, Rufus King, Charles H. Larkin, John L. Doran, Gar rett M. Fitzgerald, Moritz Schöffler, Albert Fowler.

Portage--William H. Kennedy.

Racine- Theodore Secor, Samuel R. McClellan, Horace T. Sanders, Frederick S. Lovell, Stephen A. Davenport, Andrew B. Jackson, Albert G. Cole, James D. Reymert.

Rock-Almerin M. Carter, Ezra A. Foot, Edward V. Whiton, Paul Crandall, Joseph Colley, Loius P. Harvey.

St. Croix--George W. Brownell,

Sheboygan and Manitowoc Silas Steadman.

Walworth James Harrington, Augustus C. Kinnie, George Gale, Experience Estabrook, Hollis Latham, Ezra J. Mulford.

Washington--Patrick Pentony, James Fagan, Harvey G. Turner.

Waukesha --Peter D. Gifford, George Scagel, Squire S. Case, Alfred L. Castleman, Emulous P. Cotton, Eleazer Root.

The second convention, which, on the whole, was thought to represent a more conservative element than the first, was in session at Madison from December 15. 1847, to February 1, 1848. The nativity list shows that 25 were born in New York State, 24 in New England, and only 7 in foreign lands. The oldest man was 65, and the youngest 25, with an average age of about 37.

The members of both conventions were men of high standing in their respective communities; and later, many of them held prominent positions in the service of the nation and the State.

The State Admitted.-As soon as possible after the close of the convention, notice was given in Congress (February 21, 1848) by our representative, John II. Tweedy, of his intention to introduce another bill for the admission of Wis

Known to be living, in January, 1899,

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consin into the Union.

March 13, the people of the Territory voted on the new constitution, and it was adopted by 16,799 ayes and 6,384 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 of :" and on the 11th was engrossed, read a third time, and passed. The Senate at once 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.

The State Begins Business.-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 (March 13), the Territorial legislature adjourned sine die, after making full arrangements for the new government which was to succeed 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.

Why the "Badger" State-In the early lead-mining days in Southwestern Wisconsin, the miners from Southern Illinois and farther south returned home every winter and came back to the diggings in the spring, thus imitating the migrations of the fish popularly called the "sucker," in the Rock, Illinois, and other south-flowing rivers of the region. For this reason, the south-winterers were jocosely called "Suckers," and Illinois became known as "The Sucker State." On the other hand, lead-miners from the Eastern States were unable to return home every winter, and at first lived in rude dug-outs---burrowing into the hillsides after the fashion of the badger (Taridea americana). These men were the first permanent settlers in the mines north of the Illinois line; and thus Wisconsin, in later days, became dubbed "The Badger State." Contrary to general belief, the badger itself is not frequently found in Wisconsin.

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CONSTITUTION OF THE STATE OF WISCONSIN.

[The text of the State Constitution given below follows the original certified copy on file in the Department of State. The use of capital letters and punctuation marks conforms with the original.]

PREAMBLE.

We, the people of Wisconsin, grateful to Almighty God for our freedom; in order to secure its blessings, form a more perfect government, insure domestic tranquillity and promote the general welfare; do establish this Constitution.

ARTICLE I.

DECLARATION OF RIGHTS.

SECTION 1. All men are born equally free and independent, and have certain inherent rights; among these are life, liberty, and the pursuit of happiness: to secure these rights governments are instituted among men, deriving their just powers from the consent of the governed.

SECTION 2. There shall be neither slavery, nor involuntary servitude in this state, otherwise than for the punishment of crime, whereof the party shall have been duly convicted.

SECTION 3. Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right, and no laws shall be passed to restrain or abridge the liberty of speech, or of the press. In all criminal prosecutions, or indictments for libel, the truth may be given in evidence, and if it shall appear to the jury, that the matter charged as libelous be true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.

SECTION 4. The right of the people peaceably to assemble, to consult for the common good, and to petition the government, or any department thereof, shall never be abridged.

SECTION 5. The right of trial by jury shall remain inviolate; and shall extend to all cases at law, without regard to the amount in controversy; but a jury trial may be waived by the parties in all cases, in the manner prescribed by law.

SECTION 6.

Excessive bail shall not be required, nor shall execssive fines be

imposed, nor cruel and unusual punishments be inflicted.

SECTION 7. In all criminal prosecutions, the accused shall enjoy the right to be heard by himself and counsel; to demand the nature and cause of the accusation against him; to meet the witnesses face to face; to have compulsory process to compel the attendance of witnesses in his behalf; and in prosecutions by indictment, or information, to a speedy public trial by an impartial jury of the county or district wherein the offence shall have been committed; which county or district shall have been previously ascertained by law.

SECTION 8. No person shall be held to answer for a criminal offence, unless on the presentment, or indictment of a Grand Jury, except in cases of impeachment, or in cases cognizable by Justices of the Peace, or arising in the Army, or Navy, or in the militia when in actual service in time of war, or public danger; and no person for the same offence shall be put twice in jeopardy of punishment, nor

shall be compelled in any criminal case to be a witnces against himself; all persons shall, before conviction, be bailable by sufficient sureties, except for capital offences when the proof is evident, or the presumption great; and the privilege of the writ of habeas-corpus shall not be suspended unless when, in cases of rebellion, or invasion, the public safety may require.

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SECTION 9. Every person is entitled to a certain remedy in the laws, for all injuries, or wrongs which he may receive in his person, property, or character; he ought to obtain justice freely, and without being obliged to purchase it, completely and without denial, promptly and without delay, conformably to the laws. SECTION 10. Treason against the State shall consist only in levying war against the same, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court.

SECTION 11. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated: and no warrants shall issue but upon probable cause, supported by oath, or affirmation and particularly describing the place to be searched, and the persons or things to be seized.

SECTION 12. No bill of attainder, ex-post facto law, nor any law impairing the obligation of contracts shall ever be passed, and no conviction shall work corruption of blood, or forfeiture of estate.

SECTION 13. The property of no person shall be taken for public use, without just compensation therefor.

SECTION 14. All lands within the State are declared to be allodial, and feudal tenures are prohibited. -Leases and grants of agricultural land, for a longer term than fifteen years, in which rent, or service of any kind shall be reserved, and all fines and like restraints upon alienation, reserved in any grant of land, hereafter made, are declared to be void.

SECTION 15. No distinction shall ever be made by law between resident aliens and citizens, in reference to the possession, enjoyment, or descent of property. SECTION 16. No person shall be imprisoned for debt, arising out of, or founded on a contract, expressed or implied.

SECTION 17. The privilege of the debtor to enjoy the necessary comforts of life, shall be recognized by wholesome laws, exempting a reasonable amount of property from seizure, or sale for the payment of any debt, or liability hereafter contracted.

SECTION 18. The right of every man to worship Almighty God, according to the dictates of his own conscience, shall never be infringed; nor shall any man be compelled to attend, erect, or support any place of worship, or to maintain any ministry against his consent; nor shall any control of, or interference with, the rights of conscience be permitted, or any preference be given by law to any religious establishments, or modes of worship; nor shall any money be drawn from the treasury for the benefit of religious societies, or religious, or theological seminaries.

SECTION 19. No religious test shall ever be required as a qualification for any office of public trust under the State, and no person shall be rendered incom petent to give evidence in any court of law, or equity, in consequence of his opinions on the subject of religion.

SECTION 20. The military shall be in strict subordination to the civil power. SECTION 21. Writs of error shall never be prohibited by law. SECTION 22. The blessings of a free government can only be maintained by a firm adherence to justice, moderation, temperance, frugality and virtue, and by frequent recurrence to fundamental principles.

ARTICLE II.

BOUNDARIES.

SECTION 1. It is hereby ordained and declared, that the State of Wisconsin doth consent and accept of the boundaries prescribed in the act of Congress entitled "An act to enable the people of Wisconsin Territoryto form a Constitution and State government, and for the admission of such State into the Union," ap

proved August sixth, one thousand eight hundred and forty-six, to-wit: Beginning at the north-east corner of the State of Illinois-that is to say; at a point in the centre of Lake Michigan, where the line of forty-two degrees and thirty minutes of north latitude crosses the same; thence running with the boundary line of the State of Michigan, through Lake Michigan, Green Bay, to the mouth of the Menominie river; thence up the channel of the said river to the Brule river; thence up said last mentioned river to Lake Brule; thence along the southern shore of Lake Brule in a direct line to the centre of the chanuel be tween Middle and South Islands, in the Lake of the Desert; thence in a direct line to the head waters of the Montreal river, as marked upon the survey made by Captain Cramm; thence down the main channel of the Montreal river to the middle of Lake Superior, thence through the centre of Lake Superior to the mouth of the St. Louis river; thence up the main channel of said river to the first rapids in the same, above the Indian village, according to Nichollet's map; thence due south to the main branch of the river St. Croix; thence down the main channel of said river to the Mississippi; thence down the centre of the main channel of that river to the north-west corner of the State of Illinois; thence due east with the northern boundary of the State of Illinois to the place of beginning, as established by "an act to enable the people of the Illinois Territory to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States", approved April 18th, 1818. Provided, however, that the following alteration of the aforesaid boundary be, and hereby is proposed to the Congress of the United States as the preference of the State of Wisconsin, and if the same shall be assented and agreed to by the Congress of the United States, then the same shall Leavbe and forever remain obligatory on the State of Wisconsin, viz.: ing the aforesaid boundary line at the foot of the rapids of the St. Louis river; thence in a direct line, bearing South-westerly, to the mouth of the Iskodewabo, or Rum river, where the same empties into the Mississippi river, thence down the main channel of the said Mississippi river as prescribed in the aforesaid boundary.

SECTION 2. The propositions contained in the act of Congress are hereby accepted, ratified and confirmed, and shall remain irrevocable without the consent of the United States; and it is hereby ordained that this State shall never interfere with the primary disposal of the soil within the same by the United States, nor with any regulations Congress may find necessary for securing the title in such soil to bona fide purchasers thereof; and no tax shall be imposed on land, the property of the United States; and in no case shall non-resident proprietors be taxed higher than residents. PROVIDED, that nothing in this Constitution, or in the Act of Congress aforesaid, shall in any manner prejudice, or affect the right of the State of Wisconsin to five hundred thousand acres of land, granted to said State, and to be hereafter selected and located by and under the Act of Congress entitled "An act to appropriate the proceeds of the sales of the public lands, and grant pre-emption rights," approved September fourth, one thousand eight hundred and forty-one.

ARTICLE III.

SUFFRAGE.

SECTION 1. Every male person of the age of twenty-one years or upwards, belonging to either of the following classes, who shall have resided in the State for one year next preceding any election, shall be deemed a qualified elector at such election:

First.-White citizens of the United States.

Second. White persons of foreign birth who shall have declared their intention to become citizens, conformably to the laws of the United States on the subject of naturalization.

Third.-Persons of Indian blood who have once been declared by law of Congress to be citizens of the United States, any subsequent law of Congress to the contrary notwithstanding.

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