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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 en. tertained 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 conduet 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 Legis. lature, 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 bis 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 disregards 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 ad. journ the present session of the Legislature sine die. But sen. sible 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 Legis. lative Assemblies of the territories of Wisconsin and Iowa here. to appended may be considered as a part of this report. All of which is respectfully submitted.
H. CROCKER, Chairman.
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 As. sembly 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 do objuction 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 ihe 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 un. paralleled in the history of this government and a gross viola. tion of all law—evincing an utter disregard of the will and in. terests 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
Ordered, That the same do lie on the table, and three hunde red copies of the report be printed. Mr. Hamilton offered the following resolution, viz;
Resoloed, by the House of Representatives, the Council concur. ring therein, That a joint committee of the two Houses be ap. pointed to drast 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
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;
Those voting in the negative, are
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.
The resolutions were thereupon taken up, read, and severally considered :
And the question being on the adoption of the first resolution, which is as follows:
Resolved, by the Council and House of Representatives of the Territory of Wisconsin, That in their opinion the Congress of the United States, did on the 18th 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 this Territory which would prevent the hold. ing of a session of the Legislature at the present time, or would render invalid or nugatory any law which it might enact.
It was taken and determined in the affirmative, ayes 19, does 2.
And the ayes and noes being called for by Mr. Hamilton,
Those who voted in the negative, are
Pending the question on the adoption of the second resolu. tion, and
On motion of Mr. Hamilton, it was
Ordered, That the joint committee to be appointed under the resolution to draft a memorial to the President of the United States, for the removal of the Executive of the Territory, shall consist of three members.
The Speaker thereupon appointed Messrs. Hamilton, Hop. kins, and Walker of the said committee.