less the means be furnished by the territory, it will be seriously injured, if not totally ruined. At the session of 1840, the legislature passed a law authorizing the issuing of territorial bonds to the amount of $7,000, bearing an interest of ten per cent., for the purpose of finishing the capitol. At the last session a bill passed both houses, requiring the treasurer to pay to the contractor for finishing the capitol, the sum $1,700, part of the money appropriated by congress to aid in the erection of our capitol, which is now in the hands of said treasu rer. This bill the governor refused to return to the legislature, in consequence of which it did not become a law. Without a further act of the legislature, the money must remain in the hands of the treasurer, thereby subjecting the territory to loss by the payment of a high rate of interest. Add to these the many other subjects constantly occurring in a newly settled and rapidly growing country, and the legislature can form some definite opinion of the necessity of holding its session at this time. Yet, notwithstanding this pressing necessity, and the important subjects to be brought before the legislature, your committee are constrained by a sense of duty, to report that, in their opinion, it is inexpedient to hold a session of the legislature at the present time. To this conclusion your committee are forced by the act of the governor himself, who, in violation of all law, has refused, for reasons which may be apparent, to hold any communication with the legislature. Your committee have not thought it necessary to enter upon a discussion of the question whether the legislature can enact laws without the concurrence of the governor, but inasmuch as serious doubts are entertained upon this subject, they are led to the conclusion above stated. The legislature have done all that the law, duty to their constituents, or courtesy to the governor, a co-ordinate branch of the legislature, have required. If consequences injurious to the territory result from the course which we recommend, let the responsibility rest upon the head of him who invoked it. The opinion of the committee as to the third subject referred to them may be gathered from the views already expressed. They cannot but consider the conduct of the governor, in refusing to meet the legislature, as extraordinary, unwarranted by any principle of reason or law, evincing a disposition to bid defiance to the will of the people, and a total disregard of their interest. Such conduct deserves the reprobation of the legislature, as it will most assuredly receive the condemnation of an injured and insulted territory. Courtesy to the representatives of the people, similar to that extended by them to him, should have induced the governor to have assigned, in respectful terms, his reasons for not meeting or recognizing the legislature. These reasons he has withheld, and standing in an attitude independent of the will of the people, he treats their representatives with insolence and contempt, and disregards the laws of the territory which he is sworn to obey. Upon the last question referred to them, your committee have to say, that, waiving the question whether there can be a session without the concurrence of the governor, yet as they are aware serious doubts are entertained by many upon this subject, your committee are led to the conclusion that it is expedient to adjourn the present session of the legislature sine die. But sensible that in the mean while the interests of the territory will materially suffer should there be no session until the first Monday of December next, your committee would recommend the adoption of a memorial by the two houses, asking congress to pass some law which will enable the legislature to convene at an earlier day. We deem this recommendation necessary, as the governor may, from year to year, refuse to meet the legislature, as he has done in the instance before us. In conclusion, your committee respectfully beg leave to report the following resolutions for the action of the legislature, as embracing the conclusions to which they have arrived: Resolved, by the council and house of representatives of the territory of Wisconsin, that in their opinion the congress of the United States did, on the 18th day of May last, appropriate the sum of $20,000 to defray the expenses of the legislative assembly of the territory of Wisconsin, commencing on the first Monday of December, 1842, and that there is no law, either of congress or of this territory, which would prevent the holding of a session of the legislature at the present time, or would render invalid or nugatory any law which it might enact. Resolved, That while we entertain the opinion that there can be no objection to the legislature holding a session at the present time, by reason of no appropriation having been made to defray its expenses; yet, inasmuch as doubts are entertained whether there can be a session of the legislature without the concurrence of the governor, we deem it expedient that the present session of the legislature adjourn without day. Resolved, That the conduct of the governor, in refusing to meet the legislature at the present session, thereby preventing all legislation, and centering all power in his own hands, is unparalelled in the history of this government, and a gross violation of all law, evincing an utter disregard of the will and interests of the people, and of those laws which, as governor of the territory, he is sworn to support-and that his refusal to assign reasons for so extraordinary a course, is an insult to the legislature and the people of Wisconsin. Resolved, That for the reasons set forth in the foregoing report, it becomes the duty of this legislature to memorialize congress, and call for such relief as the nature of the case may require. All of which is respectfully submitted. H. CROCKER, Chairman, T. LA CHAPELLE, M. L. MARTIN, M. C. DARLING, JAMES TRIPP, MOSES MEEKER. Madison, December 8, 1842. Which report and resolutions were then read, and were, On motion of Mr. Baker, Ordered to be printed, with three hundred extra copies, by the printer of the house of representatives. The resolutions reported by the joint committee, were then read the first and second time. On motion of Mr. Barber, Ordered, that so much of the 29th rule of the council as requires all bills and joint resolutions, originating in the council, to be printed before being considered in committee of the whole, be suspended with reference to the resolutions just read. On motion of Mr. Whiton, The council then resolved itself into committee of the whole, Mr. Rountree in the chair, for the consideration of the resolutions just reported by said joint committee. The committee rose and reported progress, and asked leave to sit again; and leave being granted, On motion of Mr. Crocker, The council took a recess of one hour. THREE O'CLOCK, P. M. On motion of Mr. Crocker, The council, in committee of the whole, Mr. Rountree in the chair, resumed the consideration of the resolutions under consideration this morning, and after some time the committee rose, and by their chairman reported the same with amendments; which amendments were concurred in by the council. Mr. Newland moved to amend the second resolution by striking out the word "while" in the first line, and all after the word " expenses" in the fifth line. And the ayes and noes being called for, Those who voted in the negative, are Messrs. Baker, Crocker, Dewey, LaChapelle, Martin, Rountree, White, Whiton and Strong, (Pres't)-9. So the amendment was not adopted. Mr. Newland then moved to amend the second resolution by striking out the words "without day," and inserting the words "the third Monday in January next." And the ayes and noes being called upon the question of adopting said amendment, were as follows: Those who voted in the affirmative, are Messrs. Barber, Newland, Whiton and Strong, (Pres't)-4. Those who voted in the negative, are Messrs. Baker, Crocker, Dewey, La Chapelle, Martin, Rountree and White-7. So the amendment was not adopted. Mr. White moved to amend the third resolution by striking out the words "gross" and "all;" Which was agreed to. Mr. Martin offered the following resolution, as a substitute for the fourth resolution under consideration: Resolved, That copies of the report of the committee and the resolutions, be transmitted to the president of the senate and speaker of the house of representatives of the United States, to be laid before the bodies over which they respectively preside, that such relief may be granted by congress as the nature of the case may require, and the wants of the people of the territory demand. On motion of Mr. Crocker, Ordered, that so much of the 29th rule of the council, as applies to the engrossing of the resolutions under consideration previous to being read the third time, be suspended. The question then recurring on the passage of the resolutions, and the ayes and noes being called for, the result was as follows: Those who voted in the affirmative, are Messrs. Baker, Barber, Crocker, Dewey, La Chapelle, Martin, So the resolutions were adopted. The council took a recess until six o'clock. SIX O'CLOCK, Р. М. The following message from the house of representatives was delivered by the clerk thereof, viz: "Mr. President: The house of representatives have passed the accompanying resolution, in which I am directed to ask the concurrence of this house: "Resolved, by the house of representatives, the council concurring therein, that a joint committee of the two houses be appointed to draft a memorial to the president of the United States, praying the removal of his excellency, James D. Doty, from the office of governor of Wisconsin." |