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make his home in Milwaukee. Mr. Upham had much adaptability, and soon made himself at home in frontier conditions. He had a keen sense of humor, democratic manners and convictions, and industry and resource in his pro fession. In 1840 he was elected to the territorial council, serving until February, 1842. The next year he was prosecuting attorney for Milwaukee. During the campaign of 1847 for the adoption of the first constitution Mr. Upham spoke frequently and forcibly in favor of the instrument. In 1849 and 1850 he was mayor of Milwaukee, and in 1851 the unsuccessful Democratic candidate for governor. During Buchanan's administration Mr. Upham was United States attorney and conducted the famous Booth trials. Because of failing health he retired from active practice in 1864. In his later years his avocation was the science of astronomy. He died at his old homestead on Broadway, Milwaukee, July 19, 1877. Manuscript record.

JAMES R. VINEYARD was one of the few Southerners in the convention. A native of Kentucky, where he was born in 1804, Mr. Vineyard early came to the lead mines of southwestern Wisconsin where he was a well-known miner and smelter. He became a resident of Platteville as early as the spring of 1828, and was very popular with his fellow miners. He had two brothers who were, like himself, prominent mining pioneers; one brother, Miles Vineyard, was for a time Indian agent for the Chippewa. James Vineyard was elected to the territorial council of 1838 and continued a member until February, 1842, when he had an altercation with Charles C. P. Arndt of Green Bay, as the result of which Arndt was shot and killed by Vineyard. The difficulty arose over one of Governor Doty's nominations and was an incident in the quarrel between the legislature and the governor. The case was cited by Charles Dickens in his American Notes as an example of the lawless violence of American legislators. Vineyard attempted to resign from the legislative council, but was not permitted to do so, and was expelled therefrom by a vote of eleven to one. He was tried for manslaughter and acquitted by the jury as having acted in self-defense. He himself expressed deep remorse over the ill consequences of his hasty deed of passion. His neighbors continued to place confidence in him, as his election to the constitutional convention proves. He was imbued with Whig tendencies, but in the convention he had but a minor share. In 1849 Mr. Vineyard represented Grant County in the state legislature. In 1850 he migrated to California and was there also a member of the state assembly. He died in that state in 1863. Moses M. Strong, Territorial History of Wisconsin (Madison, 1885), 380-85.

GARRET VLIET was one of the pioneer surveyors of the territory of Wisconsin who afterwards made it his permanent home. He was born in Sussex County, New Jersey, January 10, 1790. He received a good practical education, the larger share of his boyhood being passed near Wilkesbarre, then a pioneer region of Pennsylvania. He came West in 1818 and first proposed to make his home at St. Louis. Better opportunities for surveying presenting themselves in the Miami region, he settled at Cincinnati, surveyed for the Miami Canal Company, and at one time was keeper of the locks. In 1834 he was surveyor for Hamilton County when Byron Kilbourn and Increase A. Lapham interested him in a project for surveying in Wiscon

sin. In December of that year he took a contract to survey the township where Milwaukee now stands. This contract he fulfilled in February, 1835, and returned to Cincinnati. Again, in May or June of the same year Mr. Vliet came through to Milwaukee and Green Bay on horseback in company with Byron Kilbourn, who purchased at the Green Bay land office the west side of the site of Milwaukee and engaged Mr. Vliet to lay out a village on his land. In December, 1835, as United States deputy Surveyor, Mr. Vliet once more came to Wisconsin Territory with four assistants, one of whom was George P. Delaplaine, and laid out many townships of public land. This survey was completed in July, 1836. In October of the same year Mr. Vliet was surveying in Iowa. August 23, 1837 he left Cincinnati with all his family and goods and opened a farm north of Kilbourntown, between the present Ninth and Sixteenth streets in Milwaukee. There the Vllets lived for many years while the city grew up around them. The present Lapham Park was a portion of the Vliet estate. Mr. Vliet was always ready to serve his adopted state, although he preferred private to public life. He was elected to the constitutional convention as a Democrat, but was not a member of any standing committee. He died at his Milwaukee home August 5, 1877. Manuscript record.

SALMOUS WAKELEY was one of the older members of the convention, having been born March 17, 1794 at New Milford, Litchfield County, Connecticut. His ancestors were Welsh, but had for several generations lived in New England. Mr. Wakeley grew up in his native state, receiving the plain education that a farmer boy obtains in a district school. He learned the shoemaker's trade and at one time was a shoe manufacturer. Although having but little formal education, Mr. Wakeley was a very well-read man and a thinker on questions of public import. In 1818 he married and soon thereafter removed to Homer, Cortland County, New York. Later he spent a year or more in Erie County, of the same state, migrating thence about 1825 to Elyria, Ohio. There he held several local offices and was much respected in the community. In 1843 he removed to Wisconsin and settled at the thriving village of Whitewater, which thenceford -d became his home. There he was elected on the Democratic ticket to the constitutional convention and served on the committee on the bill of rights. Mr. Wakeley's two sons both became lawyers, the elder becoming a judge at Omaha, Nebraska. The younger son, Charles, was graduated in 1854 with the first class at the state University. Both sons lived for many years in Madison, and their father was in that city as the representative of Whitewater in the assembly in the years 1855 and 1857. He was also chairman of the board of supervisors for Whitewater, and member of the county board. He died January 12, 1867 at the home of his elder son at Madison. Manuscript record.

Joshua WHITE was a temporary resident of Wisconsin, most of his life being passed in the northern portion of Illinois. He was born February 15, 1814 in Loudoun County, Virginia, and well educated for that time. In 1838 he removed to Illinois and bought land in Ogle County where the village of Stillman Valley now stands. In addition to his farming Mr. White ex.

perimented with stock raising and exporting; in 1841 he built flatboats and sent the produce of his place via the Rock and Mississippi rivers to New Orleans. In 1842 he married and removed to Byron and a few months later to Rockford, where he established a furniture business. In 1844 he opened a general store at the town of White Oak Springs, Lafayette County, Wisconsin, where he also conducted some mining operations. Thence he was elected to the convention as a Whig, having been for some years a member of that party. In the convention he was a member of the committee on finance. In 1848 Mr. White removed to Chicago, but after two years in that city he returned to his Ogle County home and there spent the remainder of his life. He was a member of the Illinois legislature in 1857-58 and town supervisor for seventeen or eighteen years. His home was the seat of a wide hospitality and Mr. White was favorably known throughout all of northern Illinois. Despite his Virginia origin he became a Republican and strongly supported the government during the Civil War. He died July 16, 1890 at his estate in Ogle County. National Magazine, April, 1893; Manuscript record.

NINIAN EDWARDS WHITESIDE was the only member of the convention who was a native of Illinois. The Whiteside family was one of the earliest American groups to settle on what was called “The American Bottom," in St. Clair and Madison counties. They came there in the latter part of the eighteenth century, and were defenders of the frontier in the War of 1812. Moses Whiteside was a miner in Wisconsin as early as 1828; his relative, Ninian Whiteside, probably came to the territory somewhat later, since he was not born until 1819. He became popular with his neighbors, and after his service in the convention wherein he served on the committee on the executive, he was chosen a member of the territorial council for its last two sessions. 1847-48. In the latter year he represented Belmont in the first state assembly, was nominated for speaker by the Democrats, and elected to that office. Soon thereafter he sought the goid mines of California, and, so far as is known, never returned to Wisconsin. The date of his death is not known. Tenney and Atwood, Memorial Record, 183.

VICTOR M. WILLARD had come from New York, where he was born in 1813, to Wisconsin but a short time t`fore the convention in which he represented as a Democrat Waterford, Racine County. In that body he served on the committee on admission of the state. Mr. Willard was elected to the state senate in 1849 for a term of two years. Nothing has been ascertained of his later career. Tenney and Atwood, Memorial Record, 183.

JOEL F. WILSON was born at Rupert, Bennington County, Vermont, February 18, 1801. He became an expert millwright and in that capacity removed to Hebron, New York, after his marriage in 1824 to Electa Munson. Twenty years later Mr. Wilson brought his family to Wisconsin, where the first year was spent at Waukesha. In 1845 Mr. Wilson moved his family north to Washington County and became one of the earliest settlers of the village of Hartford. From there he was chosen on the Democratic ticket to the constitutional convention, in which he served on the committee on admission of the state. Mr. Wilson went to Hartford in order to build a sawmill;

afterwards he purchased a mill site and built a mill for his own purposes. He was justice of the peace, chairman of Hartford's first board of supervisors, and held several offices of honor and trust. He was highly respected in the community, where he died November 29, 1860. History of Washington and Ozaukee Counties (Chicago, 1881), 594.

SUMMARY OF STATISTICS FOR THE FIRST CONSTITUTIONAL

CONVENTION

The convention of 1846 was composed of one hundred twenty-four members; of these forty-six were born in New York; twenty-one in Vermont; nine each in Connecticut and Massachusetts. Six were natives of Pennsylvania, three each of New Jersey, Virginia, and Kentucky. South Carolina was the birthplace of two; from Maine, New Hampshire, Rhode Island, Maryland, Tennessee, and Illinois there was one apiece. From Europe there had come seven from Ireland, three each from England and Germany. The native places of three are unknown. Summed up by sections: forty-two were from New England; fifty-five from the Middle States; ten from the South; one from the Middle West; and thirteen from foreign lands. It should be noted that the preponderance from New York and the Middle States is not so great as appears, many of the parents of those born in New York having removed there from New England.

In politics one hundred three of the entire number were elected as Democrats; eighteen were Whigs, and three independents. Farmers were in the majority, forty-nine of the members devoting to agriculture their entire time, while those engaged in other pursuits for the most part also had farms. Twenty-six were lawyers, three physicians, two editors, and one a teacher. Twelve had sought Wisconsin in order to engage in mining; most of these, however, combined this occupation with farming. Eight were surveyors or land agents; three were lumbermen. Six each were either merchants, mechanics, or manufacturers (including millers). One was an Indian agent, and one the founder and manager of a coöperative rural community.

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ABOLITIONISTS. See Antislavery
Historical Index_6253_Gal. 1

and Negro Suffrage.
Adjournment of convention, dis-

cussed, 144, 350, 363-64, 369–71,
373, 387, 605, 611, 617; recon-
sidered, 540, 584; resolution for,

700, 710; accomplished, 713.
Administrative officers, article on,

735; compensation for, 394.
Admission of state, committee on,

58; report, 267, 392; resolution,
135, 193, 298–99; reference to,
310, 314; article on, 559, 733; en-
grossed, 579; approved, 611; re-
lation to boundaries, 559-61, 670-

73.
Agry, David, member from Brown

County, 15; in the chair, 117,
128, 136, 138, 143, 147; intro-
duces resolution, 17, 28; motion,
30-31, 362, 408; on committee,
41, 57, 63–64, 66, 325, 450; votes,
56, 714-30; chairman of legisla-
tive committee, 57, 402, 404, 458;
offers substitute, 365; calls for
question, 401; moves adjourn-
ment, 401, 451; absent, 333, 479,
508, 519,529, 541, 545, 551;
leave of absence, 510, 552;

sketch, 756.
Alabama, precedents from, 527.
Albany Evening Journal, cited, 233.
Aliens. See Foreigners.
Alton (Ill.), municipal courts, 494,

500.
Amendments, committee on, 58; re-

port, 191-92; article debated,
339–40; amended, 339—40, 350;
engrossed, 349; adopted, 350;
final form, 750.

Antirent movement, in New York,

450.
Antislavery, lecture on, 685. See

also Negro Suffrage.
Apportionment, resolution concern-

ing, 177, 483, 491; provision for,
211; select committee for, 450,
681-82; report on, 458-60, 479,
620–22, 687–88; debate, 465–69,
479-82, 621, 622-25, 679–83;
changes, 697, 701; article, 735–
38; for Congressional districts,
578, 687-88, 753. See also Sched-

ule.
Arbitration, proposed court for, 93,

294–95, 528; article on, 531, 742.
Attorney-general. See Administra-

tive officers.
Atwood, Elihu L., member from

Jefferson County, 16; votes, 56,
714-30; on committee, 58; ab-
sent, 357, 670, 673; signs consti-
tution, 755; sketch, 756.

BABCOCK, Barnes, member from

Waukesha County, 16; votes, 56,
714—30; on committee, 58; leave

of absence, 177, 200; sketch, 756.
Babcock, John M., member from

Dane County, 15; votes, 56, 714
30; on committee, 58, 267; leave
of absence, 271, 519, 670; absent,
453, 479, 628, 701; signs consti-

tution, 754; sketch, 757.
Baird, Henry S., member from

Brown County, 15; votes, 56,
714–30; on committees, 17, 57,
63-64, 66, 329; motion, 44-45, 48,
269, 309, 486, 550; introduces
resolutions, 18, 370–71, 387, 452,

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