would most probably tend to defeat all representation from the counties of the northwestern district.

The amendment was rejected by the committee, but afterwards adopted by the Council.

Moses M. Strong moved to amend the sixteenth section by changing the time of holding the convention from the second Monday of November to the second of July.

Mr. S. promised that should this amendment prevail it would become necessary to make several other alterations in the bill to make it correspond to the one he had proposed. The bill as it then stood before them was based on the result of an election by the people in favor of organizing a state government. If that vote should be adverse, then there was to be no action under the bill, no convention to be held. He believed that vote would not express the opinions of the people any better than it was then known and understood by their representatives; there had been so great a change of opinion on this subject that no doubt could be entertained concerning the result of that election. Taking it for granted that a convention will be called, that the people were in favor of the measure, he was of opinion that the convention should be held at the earliest possible day. Four years ago when the then executive endeavored to press this matter upon the people, circumstances existed that do not exist now, so that the vote at that time will be no index of the public mind at this time. At that time he conceded that he was himself in favor of remaining under the territorial government. At that time Wisconsin was setting up large claims to tracts of country claimed by Michigan and Illinois; and had she attempted to go into the Union then setting up those claims she would have been opposed by the whole South on the ground that it would destroy the so-called balance of power in the Senate. Since then Florida and Texas have become states of the Union, without any states at the North to balance them; and, instead of opposition, we might reasonably expect the urgent support of the whole North hastening our admission; so that what was then operating against us would now

operate in our favor. With these things operating in favor of the territory added to the vast acquisitions that had been made to the population, he was in favor of entering into the Union at the earliest possible day.

He was in favor of so amending the bill as to have the election held in the month of February, and if favorable for state government the census should be taken in March instead of June, and then by the first of May the governor can be furnished with the returns for making the apportionment and order the election on the first Monday in June. Then the convention can be held at the time he had named, and being adopted by the people, the government could be fully organized and the senators and representatives appear in the next session of Congress. Will it be said that by so doing we were acting too fast and that by a longer delay we shall be able to obtain an additional representative in the House of Representatives, by reason of the increase of population by the summer immigrants? He was willing to grant that if the census was not to be taken until June there would be large additions made to the population, but it could scarcely be possible to suppose it would be sufficient to give them another representative.

What was the great objection to the measure? He could see none other than that there would be an expense for holding a special election. But while there was that expense which would be borne by the whole people, there are advantages in favor of the month of July that would in his opinion far outweigh all objections he could think of, or had heard. It is the best possible season in the year. The dog days are then long and the convention can do much more labor than at any other season, and the expense of lights and fuel will be entirely saved. Again, as this would be the long session of Congress, there was good reason to believe that a convention held in July could get their labor before that body in time for them to act on, before the fall election, and then we can have their action before we are called on to vote. They will not place this territory in the predicament that Iowa was in:

a constitution once accepted by the people, and then amended by Congress, and subsequently rejected.

There was one other reason that had an influence on his mind. The courts of Iowa and Milwaukee counties hold their sittings at the time of the convention. He could speak for his own county, that a very large class of the voters would be glad to see their judge, the excellent chief justice of Wisconsin, occupying a seat in that convention; in the same way some of the members of the bar are wanted by their fellow citizens. But if these should not have weight enough to induce the Council to make the change, he could scarcely believe but the desire to secure the attendance of some who are witnesses and suitors would induce them to change the time fixed in the bill.

Mr. S. did not think that there was any substantial argument that could be urged against the amendment he had proposed, and more especially if it be determined to submit it to Congress before it was voted on by the people, which he believed to be the best course.

Mr. Knowlton could only say in relation to this matter that, if the convention should be held at the time proposed, there could be no representation here from the county of St. Croix. The amendment was lost, and then the committee

rose.

Mr. Baker renewed the motion to hold the convention at Milwaukee. Mr. Whiton moved to insert Washington, Washington County, in the amendment. This motion prevailed, and then the amendment was lost.

Moses M. Strong moved to add another section changing the time of the annual election to the first Monday of September. The amendment was made. Mr. S. then moved to amend the sixteenth section so as to hold the convention on the first Monday of October, which prevailed. In support of this motion, Mr. S. said he was desirous of giving the people time to vote on the subject before it was submitted to Congress.

Mr. Catlin could not see the need and propriety of taking a vote on the constitution before it had been laid before Congress. His own opinion was that it would be better to submit the constitution to Congress in the first instance, and then, should alterations be made by that body, there would not be the expense incurred of a second election. This course would give the people the power to decide on all propositions Congress should impose.

Mr. Whiton did not believe the constitution could be submitted to this Congress should the convention be held at any time in the month of October; and he did not desire to see the scenes of Michigan reënacted in Wisconsin; therefore he would wait till Congress had acted on the subject.

Mr. Knowlton could not see any object to be gained by sending the constitution to the people for their vote before it was sent to Congress for its action.

Mr. Rountree had said nothing on the subjects of the bill thus far, but he could not consent to send the constitution to Congress without its having been first submitted to the people for their adoption.

Mr. Catlin was in favor of submitting the constitution to the people as much as any other member, but the question among them was, when it should be done, whether before or after the action of Congress on the same. The amendment prevailed.

On motion of Mr. Whiton two sections relating to the manner of voting were adopted, and on motion of Marshall M. Strong a section relating to the power of the convention was adopted. And then the bill was ordered to a third reading.

AN ACT IN RELATION TO THE FORMATION OF A
STATE GOVERNMENT IN WISCONSIN 26

Be it enacted by the Council and House of Representatives of the territory of Wisconsin:

Section 1. That on the first Tuesday of April next, every white male inhabitant above the age of twenty-one years, who shall have resided in the territory for six months next previous thereto, and who shall either be a citizen of the United States or shall have filed his declaration of intention to become such according to the laws of the United States on the subject of naturalization, shall be authorized to vote for or against the formation of a state government in Wisconsin, by depositing with the judges of election in a box, to be prepared and kept by them, a ballot upon which shall be written or printed "for state government, or "against state government," and every person so authorized to vote may vote on that question, at any town or precinct in which he may be whether he resides in said town or precinct or not.

Section 2. All votes cast at such election shall be canvassed, certified, and returned, in the same manner as is required by law for the canvassing, certifying, and returning of votes for delegates to Congress, and the secretary of the territory shall make and deliver to the governor a certified abstract of all such votes by counties, and in all those counties of the territory which have adopted the provisions of an act entitled "An Act to provide for the government of the several towns in this territory and for the revision of county government," the votes shall be canvassed, certified, and returned in the manner provided for by the act entitled "An Act to provide for and regulate general elections," and for that purpose the clerk of the board of county supervisors shall perform all the duties required by law to be performed by the clerk of the board of county commissioners.

Reprinted from the Laws of Wisconsin, 1846, 5-12.