From Exploration to Statehood by Alice E. Smith

Author:Alice E. Smith [Alice E. Smith]
Language: eng
Format: epub
ISBN: 9780870206283
Publisher: Wisconsin Historical Society Press

By contrast to the relative inactivity and short sessions of the legislature, the judicial officers had heavy workloads and long terms of court. Moses M. Strong, attorney for Wisconsin Territory, reported that there were 2,010 cases in the dockets for the three courts in 1837–1838; of these, the United States was a party to about one fourth. After about 1842 courts in the first and third districts were open a large part of the year. A great deal of litigation in district courts was brought on by land contracts and land controversies such as occurred in the opening years of all areas of the public domain. Although, on the whole, American citizens were becoming accustomed to the idea of litigation in courts of law, they often settled their differences out of court, sometimes by private cost-sharing or other agreements. It is likely, too, that a large number of civil actions commenced in court were settled without trial.40

An example of settlement that was eventually arranged out of court after a long series of proceedings was the controversy known as the territorial suits. In its prolonged delays and postponements the matter can scarcely be considered a typical case of settlement, but it was of great interest to the public. The attempt of the new capitol commissioners appointed by the legislature early in 1839 to recover from Doty, John F. O’Neill, and Augustus A. Bird the remainder of the two unexpended $20,000 appropriations for building the capitol was carried into court in Iowa County in the name of the Territory of Wisconsin. The case was continued from term to term until September, 1841, when on application of the defendants, the court ordered that it be changed to Walworth County. Again there were postponements until April, 1843, when judgment was rendered for the defendants. Thereupon the plaintiff (the Territory) asked for a writ of error, which the supreme court granted, and ordered a retrial. The judge of the Walworth County court then ordered the case transferred to Milwaukee County, but that court refused to take jurisdiction and the supreme court was asked to settle the disputed jurisdiction.

At the July term of the supreme court in 1845 the majority (Judge Miller dissenting) decided it was the duty of the Milwaukee court to hear the case. By that time emotions had perhaps quieted. At any rate the legislature early in 1846 tried to put through a joint resolution to discontinue action on the case. The measure failing, the attorney general, A. Hyatt Smith, took charge. He proposed to the legislature that the controversy be submitted to arbitration. In the impending advance to the status of a state in 1848, the legislature provided that if the defendants would pay the costs of prosecution to date, all claims would be dropped. With the acceptance of the conditions, the subject of the territorial suits was officially concluded.41

At each session of the district courts grand and petit juries were called. Causes involving the United States were taken up first, and

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