asmuch as this officer is the agent of the Territory in conduct. ing these suits, and the only person who has any authority in law to procure the attendance of witnesses, and generally su perintend their management, hence a failure to elect such officer by the Legislature, would be to place the management of those suits, in which a large amount of the money appropriated by Congress for the erection of our public buildings is pending, in the hands of His Excellency, who is the principal defendant.How far this could have been an influencing motive to induce His Excellency to the extraordinary course he has taken, your committee will not express an opinion.

The Capitol is in an unfinished and exposed condition, and unless the means be furnished by the territory, it will be seri. ously injured, if not totally ruined.

At the session of 1840, the Legislature passed a law authori zing the issuing of territorial Bonds to the amount of $7,000, bearing an interest of ten per cent. for the purpose of finishing the Capitol At the last session a bill passed both Houses requiring the Treasurer to pay to the contractor for finishing the Capitol the sum of $1,700, part of the money appropriated by Congress to aid in the erection of our Capitol which is now in the hands of said Treasurer. This bill the Governor refused to return to the Legislature in consequence of which it did not be. come a law. Whithout a further act of the Legislature, the money must remain in the hands of the Treasurer, thereby subjecting the Territory to loss by the payment of a high rate of in

terest.

Add to these the many other subjects constantly occurring in a newly settled and rapidly growing country, and the Legisla ture can form some definite opinion of the necessity for holding its sesssion at this time.

Yet notwithstanding this pressing necessity, and the impor tant subjects ready to be brought before the Legislature, your

committee are constrained by a sense of duty, to report that, in their opinion, it is expedient to hold a session of the Legislature at the present time. To this conclusion your committee are for. ced by the act of the Governor himself, who, in violation of all law, has refused for reasons which may be apparent, to hold any communication with the Legislature. Your committee have not thought it necessary to enter into a discussion of the question whether the Legislature can enact laws without the concur rence of the Governor, but inasmuch as serious doubts are entertained upon this subject, they are led to the conclusion above stated.

The Legislature have done all that the law, duty to their constituents, or courtesy to the Governor, a co-ordinate branch of the Legislature, have required. If consequences injurious to the interests of the territory result from the course which we recommend, let the responsibility rest upon the head of him who has invoked it.

The opinion of the committee as to the third subject referred to them may be gathered from the views already expressed. They cannot but consider the conduct of the Governor in refu. sing to meet the Legislature as extraordinary, unwarranted by any principles of reason or law, evincing a disposition to bid defiance to the will of the people, and a total disregard of their interest. Such conduct deserves the reprobation of the Legislature, as it will most assuredly receive the condemnation of an injured and insulted territory.

Courtesy to the representatives of the people, similar to that extended by them to him, should haye induced the Governor to have assigned in respectful terms his reasons for not meeting or recognizing the Legislature. These reasons he has withheld, and standing in an attitude independent of the will of the people he treats their representatives with insolence and contempt, and aisregards the laws of the territory which he is sworn to obey.

Upon the last question referred to them, your committee have to say that waiving the question whether there can be a session without the concurrence of the Governor, yet as they are aware serious doubts are entertained by many upon this subject, your committee are led to the conclusion, that it is expedient to adjourn the present session of the Legislature sine die. But sensible that in the mean while the interests of the territory will materially suffer should there be no session until the first Monday of December next, your committee would recommend the adoption of a memorial by the two Houses asking Congress to pass some law which will enable the Legislature to convene at an earlier day. We deem this recommendation necessary, as the Governor inay from year to year refuse to meet the Legisla. ture, as he has done in the instance before us.

In conclusion your committee respectfully beg leave to report the annexed resolutions for the action of the Legislature, as em. bracing the conclusions to which they have arrived. They also request that the act of Congress of 29th August, 1842, and the acts making appropriations to defray the expenses of the Legislative Assemblies of the territories of Wisconsin and Iowa hereto appended may be considered as a part of this report. All of which is respectfully submitted.

MADISON, December 8, 1842.

H. CROCKER, Chairman.

T. LA CHAPELLE,

M. L. MARTIN,

M. C. DARLING,

JAMES TRIPP,

MOSES MEEKER,

Resolved, by the Council and House of Representative of the Territory of Wisconsin, That in their opinion the Congress of the United States did, on the 18t day of May last, appropriate the

sum of $20,000 to defray the expenses of the Legislative Assembly of the Territory of Wisconsin, commencing on the first Monday of December, 1842; and that there is no law either of Congress or of the Territory which would prevent the holding of a session of the Legislature at the present time, or would render invalid or nugatory any law which it might enact.

Resolved, That while we entertain the opinion that there can be no objection to the Legislative Assembly holding its session at the present time by reason of no appropriation having been made to defray its expenses; yet inasmuch as doubts are entertained whether there can be a session of the Legislature with. out the concurrence of the Governor, we deem it expedient that the present session of the Legislature be adjourned without day.

Resolved, That the conduct of the Governor in refusing to meet the legislature at the present session, thereby preventing all legislation and centering all power in his own hands, is unparalleled in the history of this government and a gross viola. tion of all law-evincing an utter disregard of the will and interests of the people, and of those laws which as Governor of the territory he is sworn to support, and that his refusal to as. sign reasons for so extraordinary a course, is an insult to the legislature and the people of Wisconsin.

Resolved, That for the reasons set forth in the foregoing report, it becomes the duty of the legislature to memorialize Congress and call for such relief as the nature of the case may require. The said report and resolutions were read, and

On motion of Mr. Hamilton, it was

Ordered, That the same do lie on the table, and three hundred copies of the report be printed.

Mr. Hamilton offered the following resolution, viz:

Resolved, by the House of Representatives, the Council concur. ring therein, That a joint committee of the two Houses be ap. pointed to draft a memorial to the President of the United

States, praying the removal of His Excellency James D. Doty,

from the office of Governor of Wisconsin.

And pending the question on the adoption thereof, and

On motion of Mr. Hamilton,

The House adjourned until 2 o'clock, P. M.

TWO O'CLOCK, P. M.

On motion of Mr. Hamilton,

The House resolved itself into the committee of the whole, Mr. Walker in the chair, for the further consideration of the resolution offered by Mr. Hamilton, under consideration this morning.

After a short time spent therein, the committee arose and reported the resolution back without amendment.

The question was then put on the adoption of the resolution; And the ayes and noes being called for by Mr. Hamilton,

Those voting in the affirmative, are

Messrs. Crossman, Darling, Elmore, Hamilton, Hicks, Hopkins, Hunkins, Long, Manahan, Masters, Meeker, Olin, Parsons, Platt, Price, Tripp, Walker, and Eilis, (Speaker.)

Those voting in the negative, are

Messrs. Capron, Palmer, and Thompson.

So the resolution was adopted.

On motion of Mr. Darling,

Ordered, That the House do now proceed to the consideration of the resolutions reported by the joint committee appointed to inquire into the legality of holding a session of the Legisla. tive Assembly at the present time.