Imagens das páginas
PDF
ePub

whether the same have been recalled by the Governor-the a. mount for which the territory is actually liable on account of said canal-and to lease the water power at Milwaukee, if the property of the Territory-and to save from forfeiture for taxes about seven thousand acres of canal lands under mortgage to the Territory. On the 20th of this month your committee are informed that these lands will be forfeited for taxes, to redeem which about the sum of three hundred dollars is required. A suit is now pending against the Territory on one of the canal bonds, amounting to one thousand dollars, involving some important questions, and possibly heavy pecuniary liability on the part of the Territory. To defend this there is no officer authorized by law, in whom bour committee have any confidence. During the presont winter the offices of Canal Commissioners will expire by their own limitation, and should there be no session of the Legislature, the Governor may appoint these officers, as he has heretofore done, in violation of all law. Under the present laws he may force into market all of the unsold canal lands, amount. ing to about 100,000 acres, and thereby involve the Territory with the General Government; and without responsibility assume the control of a large amount of public money.

Suits are now pending in favor of the Territory against James D. Doty, Governor of said Territory, as a public defaulter, which, on account of the term of the Court to which the suits have been removed at the instance of the defendant being limited to one week, can never be brought to an issue; and thus if His Excelleney can succeed in preventing all legislation, he may riot with impunity upon the property of the Territory, and bid defiance to all her courts and judicial proceedings.

It will be recollocted also, that the term of office of the Cem. missioner of public buildings expires with the close of the present session of the Legislative Assembly, and cannot be suppli. ed, except by joint ballot of both Houses of this Assembly. In.

WANA STATE LEBARE

asmuch as this officer is the agent of the Territory in conducting 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 authorizing 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 re. quiring 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 have 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 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 may 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 embracing 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.

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

Tuesday, January 31, 1843.

The journal of yesterday was read,

Mr. Darling offered the following resolution which was adop ted.

Resolved, That the Clerk be charged with a message to the Hon. the Council, informing that body, that a quorum of the House of Representatives is now present, and ready to proceed to business.

Mr. Hamilton offered the following resolution, which lies upon the table one day :

Resolved, That the Governor be requested to lay before this House, all the information he may have reeceived from the Government of the United States, relative to the appropriations made to defray the expenses of the Legislative Assembly of Wisconsin Territory.

The Speaker laid before the House, a communication from Harrison Reed, relative to printing, which was read.

When Mr. Darling moved that the communication do lie on the table.

Which was agreed to.

Mr. Walker from the county of Milwaukee appeared and took his seat.

Mr. Darling offered the following resolution, which, on mo. tion of Mr. Hamilton, was ordered to lie on the table, to wit:

Resolved, If the Hon. the Council concur, that a joint com. mittee of two from each House, be appointed to wait upon His Excellency the Governor, and inform him that the Legislative Assembly have again met according to adjournment, and are now ready to proceed to business.

« AnteriorContinuar »