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the one which seems to have received the approbation of Mr. Jefferson, the committee would confine their observations to the one which that great statesman deemed a salutary one. That part of the message of the Governor in which he quotes from the writings of Mr. Jefferson with apparent approval, is as follows:

"Excessive legislation is an evil of the greatest magnitude, and rapid changes in the laws are injurious to private rights and to the public interests. Mr. Jefferson said the instability of our laws is really a very serious inconvenience. I think we ought to have obviated it by deciding that a whole year should always be allowed to elapse between bringing in a bill and the final passing of it. It should afterwards be discussed and put to the vote without the possibility of making any alteration in it; and if the circumstances of the case require a more speedy decision, the question should not be decided by a simple majority, but by a majority of at least two-thirds of both Houses.""

The committee are of the opinion, that the measure recommended, however proper in older States, where great changes in the condition of the people seldom take place, would be found very inconvenient and indeed almost impracticable in a community as new as ours, where the population increases with such great rapidity, where wealth is accumulated with so much facility by almost every class of society, and where consequently great changes are constantly occurring. Where these changes take place, new interests are consequently springing up which require the speedy attention of the Legislature, and if a year was allowed to elapse between the bringing in of a bill and the final passing of it, great injury might result. Nor do the committee think it would be politic or proper to require a majority of two-thirds to pass a law. They have arrived at the conclusion that sufficien checks now exist to prevent hasty legislation. The Territory has a legislature consisting of three branches, one of which is not chosen or appointed by the people of the Territory.

If all these branches concur in passing a law, it afterwards is subject to be negatived by Congress, and becomes null and void, and acts incorporating banks do not take effect until approved by Congress It is true, that two-thirds of both Houses can pass an act without the

assent of the Governor, but the negative of Congress is absolute. If Congress had no power to negative our acts, it might be well to require a majority of two-thirds to pass acts creating corporations and especially banking institutions, as is required in the States of New York, but as the Territory is now situated in relation to laws passed by its Legislature, we think the requirement unnecessary. The committee entertain in common with all classes in society, a very great respect for the opinions which Mr. Jefferson expressed on all subjects eonnected with government, but cannot bring themselves to the conclusion that they ought in this particular instance to govern us in our legislative action. The evil complained of must be corrected by the Legislature taking care to pass no laws which will not subserve the interests of the people.

The committee ask to be discharged from the further consideration of the subject.

All which is respectfully submitted.

E. V. WHITON, Chairman. Which was read, laid on the table, and the committee discharged from the further consideration of the subject.

On motion ot Mr. Ellis,

Resolved, That the Hon. Henry Dodge, delegate in Congress, be requested to ascertain from the Topographical Bureau at Washington, (and transmit to this House) what progress has been made in the survey of the boundary between the State of Michigan and the Territory of Wisconsin; and that he request a copy of any reports which the officer having charge of that work may have made to the Department.

Mr. Rockwell gave notice of his intention to introduce a bill, on a future day, to change the corporate limits and powers of the town of Milwaukee.

Mr. Parkison, agreeably to notice given, and by leave, introduced bill No. 15, entitled "A bill to amend an act entitled an act to provide for the appointment of a Territorial Treasurer, and define his duties.' Also to amend an act to provide for the appointment of a Librarian, and for other purposes;'

Which was read the first and second times.

Mr. Whiton offered the following resolution, which was adopted: Resolved, That in all questions relating to the contested seat from the counties of Crawford and St. Croix, before the House, whenever the question affirms a proposition favorable to Alfred Brunson, he shall first be heard by his counsel, and then the contesting member shall then be heard in reply, and the said Alfred Brunson shall then be heard, and counsel shall not further be heard upon that question.

And whenever the question affirms a proposition favorable to Theophilus La Chappelle, he shall first be heard by counsel, and the sitting member shall then be heard by counsel in reply, and Mr. La Chappelle shall then be heard by counsel in conclusion, and counsel shall not further be heard on that question.

Mr. Whiton then moved that the House take up and consider the following resolution:

Resolved, That the testitmony taken by the Hon. Joseph R. Brown, in the case of the contested election between the Honorable Alfred Brunson and Theophilus La Chappelle, was not taken in accordance to the resolution of this House, authorizing and instructing the said Hon. J. R. Brown, commissioner, and should be rejected.

And after debate thereon, in which Mr. Field, the counsel for the contesting member, was heard, as to the propriety of the question submitted in the resolution, and Messrs. Burnett and Brigham, counsel for the sitting member, were heard in reply, the question was put to the House,

And determined in the affirmative; ayes 15, noes 9.

And the ayes and noes having been called for,

Those who voted in the affirmative, are,

Messrs. Barber, Bond, Brazelton, Burt, Dewey, Eastman, Giddings, Gray, Hackett, Mills, Parkison, Shepard, Sutherland, Tripp, and Whiton.

Those who voted in the negative, are,

Messrs. Batchelder, Brown, Darling, Ellis, Jenkins, Ogden, Ray, Rockwell, and Newland, speaker.

Mr. Field, the counsel for the contesting member, stated that he desired the testimony of Mr. Learned might be taken as to the character and standing of Joseph Brisbois, and the testimouy of Mr.

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Brown as to the place where those depositions were taken which purport to have been taken at St. Peters.

And thereupon, Mr. Burnett, the counsel for the sitting member, admitted Mr. Brisbois to be a credible witness, and Mr. Brown, by leave, stated in his place that the affidavits purporting to have been taken at St. Peters, were taken on the east side of the Mississippi, and in the Territory of Wisconsin.

And then the House took a recess until 2 o'clock, P. M.

2 O'CLOCK, P. M.

On motion of Mr. Tripp,

A call of the House was made, and the Sergeant-at-Arms sent to notify Messrs. Brown, Burt, Gray, Mills, and Whiton, that their attendance was required in the House.

The members sent for having appeared, further proceedings in the call of the House were dispensed with.

Mr. Ellis offered the following amendment to the resolution offered by Mr. Burt:

Strike out all after the word "resolved," and insert the following words, to wit:

That the Hon. Alfred Brunson is not entitled to a seat in this House, from the counties of Crawford and St. Croix, he not having received a majority of the votes polled in said counties at the general election held in said counties in 1840, and that the testimony taken by the Hon. J. R. Brown, has been within the spirit and meaning of the authority of this House, and the same should be received.

Resolved, That Theophilus La Chappelle is entitled to a seat in this House, as a member from the counties of Crawford at St. Croix. Mr. Whiton called for a division of the question.

Mr. Barber offered the following as an amendment to the amend

ment:

Strike out all after the word "resolved," and insert,

That the testimony taken by the Hon. Joseph R. Brown, in the case of the contested election between the Hon. Alfred Brunson and Theophilus La Chappelle, was not taken in accordance with the resolution of this House authorizing the taking such testimony, and is therefore illegal.

And after debate, the question was put to the House, on striking out all after the word "resolved," and it passed in the negative, ayes 12, noes 12.

And the ayes and noes having been called for by Mr. Burt,

Those who voted in the affirmative are,

Messrs. Batchelder, Brown, Darling, Ellis, Hackett, Jenkins, Ogden, Parkison, Ray, Rockwell, Sutherland, and Newland, speaker. Those who voted in the negative are,

Messrs. Barber, Bond, Brazelton, Burt, Dewey, Eastman, Giddings, Gray, Mills, Shepard, Tripp, and Whiton.

The House having refused to strike out the words aforesaid, the amendments proposed were rejected.

The question then recurred on the passage of the resolution offered by Mr. Burt.

And after the argument of the counsel for the sitting member.
And pending the question thereon,

The House adjourned.

the

Saturday, January 15, 1842.

Mr. Whiton, from the Judiciary committee to which that part of message of the Governor was referred, relative to taxes and tax titles, by leave, made the following report:

That they have given their most anxious consideration to the subject, believing that it is one of the most important which can occupy the attention of the Legislature, and that if the method of raising a revenue to defray the necessary expenses of the Government has been wrong-if property has been taxed which should have gone free, or property has gone free which should have been taxed, the Legislature should apply the proper corrective. No government with which the committee are acquainted, taxes all the property belonging to its citiThe kinds of property by a tax on which some of the States of the Union, derive a considerable portion of their revenue, in others

zens.

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