This office is not in possession of a full file of the proclamations issued by the President of the United States, for the sale of Public Lands in Wisconsin, therefore cannot give a satisfactory answer. "4th. The quantity of such lands sold, and that of those now subject to entry." There has not been the first abstract of land sales in the Mineral Point Land District, (now Muscoday,) received at this office from its establishment, consequently the file of abstracts are far from being full, I am therefore unable to give you an answer. 5th. The quantities, specifying the purposes therefor, which are reserved from sale." The lands reserved from sale for military purposes at Fort Winnebago, amounts to (3,782 9-100 acres,) three thousand seven hundred and eighty-two and nine hundredths acres; and of private claims about (32,494 44-100 acres,) thirty-two thousand, five hundred and ninety-four and forty-four hundredths acres. The quantity of land reserved, if any, for military purposes at Fort Crawford and Fort Howard, is not known here. The quantity reserved for school purposes, mineral lands and timber lands for smelting purposes, is not noted on the plats on file in this office. I therefore regret that it is not in my power, from the official documents in this office, to comply fully with the requisitions of said resolution. Very respectfully, Sir, Your obedient servant, ELISHA DWELLE, CHIEF Clerk. TO JOHN CATLIN, Esq., Chief Clerk, House of Representatives of Wisconsin Territory. Ordered, That the said communication do lie on the table and be printed. And then the House adjourned. Thursday, January 13, 1842. Mr. Jenkins offered the following resolution: Resolved, That five hundred additional copies of the report of the committee on Territorial Affairs be printed. Mr. Barber moved the resolution do lie on the table, which was disagreed to. And a division being called, there were ayes 11, noes 12. Mr. Ray moved to strike out the word "five" and insert "two in lieu thereof, which was agreed to, and then the resolution was adopted. Mr. Parkison, from a minority of the committee to which the subject was referred, made the following report, which was read and ordered to lie on the table, to wit: The undersigned, members of the committee on Privilege and Elections, to which was referred the question of the right of Thomas E. Parmelee to a seat in this House: and also the claim of Elisha S. Sill, to the same seat, differing from a majority of the committee, in relation to some of their conclusions, beg leave to present the following statement of their views. The undersigned, fully concur, with the majority of the committee, that Elisha S. Sill is not entitled to the seat; and the only question remaining is, whether Thomas E. Parmelee is entitled to retain the seat now occupied by him? And the undersigned have no hesitation in expressing their opinion, that he has the right to retain the seat for the remainder of the term, for which he was elected. Mr. Parmelee, beyond all question, was duly elected at the regular annual election, in September 1840, a member of the House of Representatives, from the county of Racine, for the term of two years; and unless something has transpired to deprive him of that right, it is clear that he has the right of enjoying all the privileges of a member, until September 1842. All that has been shown to the committee tending to prove that he has forfeited that right is, that in July last, he told the Clerk of the Bed of County Commissioners "that he tendered his resignation." That on the 15th day of September last he signed a communication addressed to the Board of County Commissioners of Racine county, stating that he thereby resigned his seat. This was not done at the Commissioners office, but in some manner delivered to the Clerk of said board; and that the Clerk informed the Governor, by mail, of Mr. Parmelee's verbal communication soon after it was made, in July; and that he also enclosed to the Governor Mr. Parmelee's written communication, which was received by him about the 19th day of September. Mr. Parmelee also caused to be inserted in the Southport Telegraph, a newspaper printed in Racine county, a card stating that he had tendered his resignation to the Clerk of the Board of County Commissioners. It also appears from evidence before the committee that Mr. Parmelee never tendered, or offered to tender any resignation to the Governor or any other officer, except the Board of County Commissioners and their Clerk, as before stated. It further appears from evidence before the committee, that no proclamation was ever issued by the Governor, and no notice was given by the Sheriff or Clerk, or any other officer, for an election, to fill a vacancy, created by any resignation, or alleged resignation of Mr. Parmelee, and that the voters of the county have never, voluntarily or otherwise attempted to supply his place; and that the seat will now be vacant unless filled by Mr. Parmelee, and as a consequence thereof the representation of the county of Racine will be materially impaired. It also appears by the fact that Mr. Parmelee has appeared at the commencement of the present session and claimed and occupied his seat by virtue of his election in September 1840; that for reasons satisfactory to himself and (as appears from documents submitted by him to the committee) in accordance with the wishes of a large number of his constituents, he now claims that his attempts at a resignation made in good faith at the time having been treated as nullities by the public officers of the country, are not, and ought not to be binding upon him. In this opinion the undersigned concur; and they entertain the opinion that the seat of a member of any legislative body is within his own control, until some steps shall have been taken by the proper authority to fill it; and that if he should resign it in a legal and formal man ner, it would be no more than a lawful exercise of his rights, to recall such resignation, at any time before steps had been taken to fill the seat. But whether the undersigned are correct in this view or not, they conceive that it is unnecessary for the purpose of properly disposing of this case, to decide that question, as they are of the opinion, that although the law of the Territory is somewhat vague and uncertain as to the proper mode of resigning the place of a member of the Legislative Assembly, yet that Mr. Parmelee has not in this case made such a resignation of his place, or to such an officer, as the law contemplates; and that his seat has never been vacated and is not now. The same view of the case appears to have been taken by the officers whose duty it is to notify elections to fill vacancies, and by the people of the county of Racine, who have never yet attempted to fill the vacancy alleged to have been made: And if there was any doubt upon the subject, the undersigned would feel it their duty to dispose of such doubt, in such a manner as would give to the people a representative, which can only be done, by confirming Mr. Parmelee in his seat. The undersigned cannot therefore concur with the majority of the committee, in recommending the adoption of the resolution reported by them, but would recommend that the same be amended by striking out all after the word "Resolved," and inserting in lieu thereof, the following words, to wit: "That Thomas E. Parmelee is entitled to a seat in this House as a member from the county of Racine." All of which is respectfully submitted. On motion of Mr. Hackett, D. M. PARKISON, The House proceeded to consider the majority and minority reports of the committee on privilege and elections in relation to the contested seat from Racine county, when Mr. Parkison moved a call of the House, which was made and the Sergeant-at-Arms sent after Mr. Whiton, who was not in his seat. Mr. Whiton having appeared, the reports were read, when Mr. Barber offered the following resolution: Resolved, That Elisha S. Sill be permitted to be heard before the House upon any question in reference to the contested scat now occupied by Thomas E. Parmelee, from the county of Racine. Mr. Ellis moved to amend the resolution by inserting after the word "heard," the following words, "by himself or counsel;" which was disagreed to. The question then recurred on the adoption of the resolution; which was decided in the affirmative. The question was then stated to be on the amendment proposed by the minority report, to wit: strike out all after the word "Resolved,” and insert the following words: "That Thomas E. Parmelee is entitled to a seat in this House as a member from the county of Racine." Mr. Ellis moved that the further proceedings relative to the contested seat now pending, be postponed, and that the reports and questions submitted, be made the special order of the day for Monday next; which was decided in the negative. The question then recurred on the amendment submitted in the report of the minority of the committee, and being put, it passed in the negative, ayes 5, noes 19. Mr. Parmelee having been excused from voting. And the ayes and noes naving been called for by Mr. Giddings, Those who voted in the affirmative, are Messrs. Bond, Brunson, Ogden, Parkison, and Whiton. Those who voted in the negative, are Messrs. Barber, Batchelder, Brazelton, Brown, Burt, Darling, Eastman, Ellis, Giddings, Gray, Hackett, Jenkins, Mills, Ray, Rockwell, Shepard, Sutherland, Tripp, and Newland, speaker. The question was then stated to be on the adoption of the following resolution, reported by the majority of the committee on elections. Resolved, That the Hon. Thomas E. Parmelee is not entitled to a seat in this House, and that the seat now occupied by said Parmelee, be declared vacant. Mr. Barber moved the following amendment to the resolution: Strike out all after the word resolved, and insert the following words: "That the Hon. Thomas E. Parmelee is not entitled to a seat in this House." |