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fill vacancies, it is his duty to send the names of the persons he may have placed in commission, to the Council at its next session. The names of those who were thus appointed by my predecessor I cannot present to you; because it is my opinion he had no authority for performing any Executive act after he was removed.
It is a provision of the act to which I have referred, that " in case of the death, removal, resignation, or necessary absence of the Governor from the Territory, the Secretary shall have, and he is hereby authorised and required to execute and perform all the powers and duties of the Governor during such vacancy, or necessary absence.” Until his successor was qualified, it was therefore the duty of the Secretary of the Territory to fill all vacancies. Gentlemer:
To this exposition of the affairs of our country and her interests, and of the views which I entertain respecting them, I beg leave to add the assurance, to the gentlemen of both Houses ; that I shall earnestly endeavor to co-operate with them in all such measures as may be proposed by them, to correct the evils of government, to secure the civil and political rights of individuals, to strengthen the foundations of society, or to render more permanent the institutions of freedom.
J. D. DOTY, Madison, December 10, 1341.
[The documents accompanying the said message are printed in the appendix. See documents, Nos. 1 and 2.]
After the delivery of the message, His Excellency, the Governor retired from the Convention.
On motion of Mr. Arndt, The Convention adjourned. The House was thereupon called to order by the Speaker, and
On motion of Mr. Darling, The House adjourned.
Saturday, December 11, 1841.
On motion of Mr. Rockwell,
Resolved, That the Commissioners appointed to take testimony in the case of the contested seat of the Hon. Alfred Brunson, in the county of St. Croix, be further authorised to take the testimony of H. H. Sibley, Esq. at Madison, in relation to said contest, and that notice be given the contestants of the time and place said testimony will be taken.
On motion of Mr. Whiton, The following resolution offered by Mr. Darling on Thursday last, was taken up and adopted, viz:
Resolved, That the publisher of the Wisconsin Enquirer be employed to do the incidental printing of this House, for the present session.
On motion of Mr. Hackett, Resolved, That one thousand copies of the message of His Excellency, the Governor, together with five hundred copies of the accompanying documents, except those relating to the contested election from Racine county, be printed for the use of the members of this House.
On motion of Mr. Brunson,
Resolved, That this hall may be used for divine service on each Sabbath day, during the present session of the Legislature, to be occupied by the different clergymen who may desire it, in regular turn or rotation.
Mr. Brunson, by leave, submitted the following as a substitute for the said resolution, to wit:
Resolved, That the Rev. Messrs. Phelps and Clark, the regular clergymen of Madison, are hereby permitted to occupy this hall for
divine service on sabbath days during the present session of the Legislative Assembly; alternately.
Mr. Darling moved that the said resolution and substitute be laid on the table. Which was agreed to.
Mr. Whiton offered the following resolution which was agreed to, viz :
Resolved, That the Rev. Mr. Phelps be allowed the use of the hall of the House of Representatives on to-morrow, for the purpose of holding divine service.
On motion of Mr. Ray, Ordered, That this House now proceed to the election of Speaker. ' On motion of Mr. Batchelder,
Ordered, That two tellers be appointed to receive and canvass the votes that shall be given for the office of Speaker. Messrs. Batchelder and Whiton were appointed to act as tellers.
On motion of Mr. Giddings, A call of the House was made, and the door keeper sent to procure the attendance of Messrs. Brown and Brunson, who were not in their seats.
A motion was then made by Mr. Burt, that the election of Speaker be postponed until Monday next, which motion was disagreed to.
And a division being called, there were ayes 10 noes 13.
“ Mr. Speaker:-The Council have passed a resolution, No. 1, entitled, “Resolution providing for receiving from the Treasury of the United States certain money,” in which I am directed to ask the concurrence of this House.
Messrs. Collins, Martin and Maxwell have been appointed on the part of the Council, to act in conjunction with a similar committee, to be appointed on the part of the House to report joint rules and orders for the government of the two Houses.
The attendance of Messrs. Brown and Brunson having been reported the House proceeded to the election of Speaker.
And the ballots having been taken and counted, the tellers appointed for that purpose reported that twenty-five votes had been given for the office of Speaker, and that of the votes so given, David
Newland received fourteen; Edward V. Whiton received six, Lucius I. Barber received two, James Sutherland received one, and that there were two blanks.
The Hon. David Newland having received a majority of all the votes given, was thereupon declared to be duly elected speaker of this House during the present session. Ordered, That the Council be acquainted therewith.
On motion of Mr. Whiton, Resolved, That a Committee of two be appointed to conduct the Speaker elect to the chair.
Messrs. Whiton and Ray were appointed said committee.
And the Speaker elect having been conducted to the chair by the said committee returned his thanks in the words following: Gentlemen of the House of Representatives :
Your having again called upon me to preside over your deliberations, places me under renewed, and if possible still higher and more lasting obligations to you, and I tender to you my thanks for the honor so conferred. In entering upon the discharge of the important duties you have assigned me, I do so with that sincere determination which I trust ever has, and fondly hope ever will characterize my official life, to perform those duties with s?rict impartiality to the fullest extent of my abilities. This body being composed, with very few exceptions, of the same members is was the last, I shall expect that same support from my fellow-members which was so kindly and liberally tendered to me at our last session, nor have Iary fears of indecorum or want of good order which is so essential to correct legislation, that by our mutual exertions for the common weal of our country, our constituents may be gratified, and our Territory politically blessed.
Gentlemen, I cannot resume my seat without tendering you my sincere and unseigned thanks for the high honor you have again conferred upon me, and which I beg leave to assure you is duly apsreciated on my part.
On motion of Mr. Brown,
TWO O'CLOCK P. M.
Mr. Batchelder moved that the House do now proceed to the election o1 Chief Clerk and Assistant Clerk.
Mr. Gray called for a division of the qnestion, and the question was put on proceeding to the election of Chief Clerk, and was determined in the affirmative.
On motion of Mr. Whiton, Ordered, that two tellers be appointed to canvass the votes. Messrs. Whiton and Brunson were appointed the said tellers.
Mr. Brunson was excused from acting as teller, on account of ill health, and thereupon
Mr. Sutherland was appointed ir his place. . On motion of Mr. Darling,
A call of the House was made, and the door-keeper sent to procure the attendance of Messrs. Barber and Brown.
The attendance of Messrs. Barber and Brown having been reported, the House proceeded to ballot for Chief Clerk, and the votes having been taken and counted, the tellers reported that twenty-five votes had been given, of which John Catlin received twenty-four votes, and blank one vote.
John Catlın having received a majority of the votes given, was declared to be duly elected Chief Clerk of this House, for the year ensuing.
The question was then taken on proceeding at the election of an Assistant Clerk, and was determined in the affiirmative.
Mr. Darling nominated John F. Meade of Brown county for the said office.
Messrs. Whiton and Sutherland were directed to act as tellers and the votes having been taken and counted, the said tellers reported that John F. Meade had received twenty five votes, being the whole number given.
The Speaker declared John F. Meade to have been duly elected Assistant Clerk.
On motion of Mr. Parkison,