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surer and more certain and equitable basis, as imperiously called for in this department of the territorial government.

All of which is respectfully submitted,

'J. T. CLARK,

Auditor Wis. Ter.

[SEE JOURNAL, PAGE 166.]

REPORT

Of the Joint Select Committee to whom were referred the Baxter papers.

THE joint select committee to whom were referred the communication of Daniel Baxter and the report of the building commissioner, together with the contract with said Baxter, and all other papers in relation to said contract, as well as to the bonds issued by the legislative assembly for the completion of the capitol, report:

That the subjects submitted to their investigation, viz: "the reasons why said contract has not been completed-also, whether the said Baxter has been overpaid for the amount of work done -also, that they report what amount of indebtedness there is on the part of the territory in relation to said bonds, or to any work done on said contract-what measures (if any) are necessary to be taken for the completion of the capitol and further, what provisions can be made by the assembly for the redemption of said bonds," have received their attention and patient consideration.

A very minute and full exposition of all the reasons or causes which have retarded and prevented the completion of the capitol, would require so voluminous a dissertation that the committee did not consider it as coming within the legitimate scope and object of the first question submitted to them, and the time allowed the committee and the circumstances under which this investigation has been instituted, did not seem to demand or permit so extensive a scrutiny.

The committee will therefore confine themselves to a very brief statement of the principal and most efficient causes which have prevented the completion of the capitol; and these causes, so far as the committee have been enabled to ascertain, are the following:

The contractor complains that he was not furnished by the former commissioner with suitable drafts and plans for the work, from time to time, as they were needed during the progress of the work, and consequently was often delayed, during the summer and fall of the year 1841; that he was frequently required to make alterations in the work already done, and to perform other work than was specified in his contract. But the proclamation of Gov. Doty, of September 4th, 1841, declaring Jas. Morrison treasurer of the territory, and in effect repudiating the bonds issued by the former treasurer, R. L. Ream, and the consequent depreciation of those bonds, are the principal causes to which the contractor attributes his failure in finishing the capitol at the time limited in his contract.

The meeting of the legislature at Madison in December, 1841, prevented further progress in the work during that winter. The refusal of governor Doty to approve the only measures proposed by the legislature, at that session, for finishing the building, viz : The bill entitled "an act in relation to certain moneys in the territorial treasury," and the bill entitled "an act in addition to an act to provide for the completion of the capitol, at Madison"the governor's declaration in his veto message on those bills, that the bonds paid to Baxter had been issued by R. L. Ream without authority-the refusal of James Morrison to apply any part of the moneys in his hands to the redemption of said bonds-and the subsequent base and unmanly efforts of certain individuals in Madison to arrest the further progress of the work by a variety of infamous expedients and annoyances-have proved, by the event, to have been the most prominent among the many fatal and insurmountable obstacles which have thus far prevented, and, perhaps, forever will prevent, the completion of this capitol.

With regard to the second proposition submitted to this committee for investigation, viz: "whether the said Baxter has been overpaid for the amount of work done," as well as the third proposition, namely: "what amount of indebtedness there is on the part of the territory in relation to said bonds," the committee submit the following estimates:

The amount due Baxter from territory, had Baxter
finished capitol according to contract, with inter-
est due on that sum,

The amount paid Baxter in territorial bonds, bear-
ing 7 per cent. interest and due 1st April, 1843,
The amount of extra compensation for extra work
claimed to have been done on capitol,
The amount for extra work, clearly proved to be
such, admitted by commissioner and allowed by
committee,

The amount for work remaining to be done on cap-.
itol, according to estimate of comm'r. Smith,
Whole amount for work to be done on capitol at
time contract was let to Baxter, according to an
estimate said to have been made by committee
of legislature,

$7000 00

6000 00

1984 77

337 70

1631 00

6769 76

The fourth proposition referred to this committee for investigation, is the following: "what measures (if any) are necessary to be taken for the completion of the capitol?" The amount of money necessary to finish the capitol in the style in which such building ought to be finished, may be, perhaps, estimated at ten thousand dollars, over and above what it has already cost. The first, and most important steps to be taken, would be the taking off the old roof and putting on a new one that will keep out the rain and protect the plastering within. But the committee are decidedly opposed to taking any measures to complete the capitol, so long as James D. Doty is governor, and James Morrison is suffered, with impunity, and in defiance of law, to retain in his hands the money belonging to the territory.

The last proposition referred to this committee is the follow

:

ing: "what provision can be made by the assembly for the redemption of said bonds?" There are four methods which have suggested themselves to the committee, by which provision might be made for the redemption of those bonds.

1st. To apply to the redemption of those bonds, as far as it will go, the money due the territory under the act of congress which provides for the distribution of the proceeds of sales of the public lands among the states and territories.

2d. To appeal to congress for a new appropriation of money sufficient to redeem those bonds.

3d. To apply the money now in the hands of Morrison to redeem said bonds.

4th. To raise the per centum drawn into the territorial treasury from the amounts collected into the several county treasuries. The first expedient ought, for the sake of principle, never to be resorted to, even if we run the risk of never having a capitol-the second is hopeless-the third cannot be adopted without commencing a suit against Morrison-and the last, if resorted to, will impose an onerous burden upon the territory.

The committee have been required to report, by bill or otherwise; but as there appeared to be great anxiety on the part of Baxter to have this matter brought to a speedy termination, and some solicitude on the part of members of the legislature to have some early action upon these subjects, your committee have been unable to mature any plan or agree upon any bill or resolution for the immediate action of the legislature. They would, however, submit the following propositions to the legislature for its consideration :

1st. To abandon, forever, the purpose of ever having, building, or finishing a capitol at Madison.

2d. To change the place of meeting of the legislature to Prairie du Chien, Green Bay, or Milwaukee, or wherever buildings and accommodations might be had free of expense to the territory.

3d. To settle, on as reasonable terms as possible, with Baxter, and dissolve by mutual consent, and cancel the contract for finishing the capitol.

4th. To raise a revenue from the several counties which will be

1

sufficient, in a short time, to redeem the bonds, and abolish the office of attorney general as a useless burden to the territory, and apply the salary appertaining to that office to the liquidation of said bonds.

5th. To authorise the superintendent of territorial property to commence suit forthwith against James Morrison, to recover the money now in his hands belonging to the territory.

All of which is most respectfully submitted, with the accompanying documents.

THEOPHILUS LA CHAPELLE,
D. NEWLAND,

D. AGRY,

M. MEEKER.

[SEE JOURNAL, PAGE 205.]

REPORT

Of the Committee on Territorial Affairs.

THE committee on territorial affairs, to which was referred the communication of the governor, containing a copy of the estimates by him submitted to the treasury department, for the support of government in Wisconsin, for the half year ending the 30th June, 1843, and for the fiscal year ending 30th June, 1844, respectfully report:

That by the resolution of the council they were instructed to report the amount of the estimated expenses of the legislative assembly, submitted by the governor for the above periods; whether said estimates are correct--if not, what measures should be adopted by the legislative assembly to present a proper estimate of its expenses to the treasury department, together with such other

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