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A message from the Council by their Secretary ; " Mr Speaker–The Council have reconsidered “an act con. cerning removals from office,” returned by the Governor to the Council without his signature, accompanied by a message da. ted April 15, 1913 ; and have passed said act, nine members voting therefor and but one against its passage.
The Council have also reconsidered "an act to provide for the payment of the expenses of the Legislative Assembly," returued by the Governor to the Council without his signature, and accompanied by a message dated April 17, 1843, and have passed said act-nine members voting therefor, and but one against its passage.
The Council have also reconsidered "Joint Resolutions rel. ative to the distributive share of Wisconsin in the nett proceeds of the public lands,” returoed by the Governor to the Council without his signature, accompanied by a message dated April 15, 1813, and have passed said Resolution-eight members vo. ting therefor, and but three against its passage.
The message from the Council was taken up, when
The message of the Governor containing his objections to "Joint Resolution relative to the distributive share of Wiscon. sin in the nett proceeds of the public lands” which bad been reconsidered and passed by the Council, was read and is as fol. lows: To the Legislative Council :
The joint Resolutions which originated in the Council, and which are entitled “Joint resolutions relative to the distributive share of Wisconsin in the nett proceeds of the public Lands,” I return herewith: and respectfully submit the following objec. tions thereto :
The first Resolution authorizes “Joshua Hathaway of Mil. * waukee, Receiver of the Board of Comissioners of the Milway.
kee and Rock river canal," to receive the sum of one thousand and eighty.two dollars and forty five cents, the share of Wiscon. sin above mentioned.
The records of the office show that Mr. George D. Dɔuman , was the person last appointed Receiver of said Board, and it does not appear that Mr. Hathaway was ever duly appointed to that office and commissioned; or that he has given the bond and security required by the statute to be given by the Receiver.
The second Resolution authorizes Joshua Hathaway to pay to Joshua Hathaway and Allen W. lIatch the amount of money by them borrowed, together with the interest thereon, under a joint resolution of the Legislative Assembly, adopted in Decem. ber last, entitled a “ Resolution to authorize the Register and Receiver of the Milwaukee and Rock River Canal to borrow certain moneys." ;
No such resolution as the one above cited ever passed the
or liability incurred, on the part of the Territory.
If the resolution above alluded to was one which was passed by the members of the Council and House of Representatives, at their informal meeting "in December last," then I object to it.
Ist. That the Resolution vas passed at a session unauthori. zed by law, and without the sanction of, or presentation to the three branches into which the legislative power of the Territory is divided.
2nd. That it is not a law and no money can or ought to be borrowed on the faith of the people of the Territory or drawn from the treasury, but by law.
3d. It authorized the borrowing of money to pay the delin. quent taxes of the settlers on the Milwaukee canal lands, which is not a "rightful subject of legislation.". The power to bor. row money on the faith of the people has not been granted to the legislature.
4th. It is unjust to the citizens of other parts of the Territory to tax them to pay the taxes of those settlers.
5th. The Canal Lands belong to the Territory until the con. sideration for the sale is paid, and the property of the Territory is not liable to taxation.
No other interest in the lands but that of the purchaser could be taxed or sold, and that interest is contingent upon the pay. ment of the purchase money.
The Territory owes nothing to Messrs. Hathaway and Hatch. They hold no demands against it which we are required to pay. This money belongs to the Territorial Treasury and not to the Canal Fund; and in my judgment, should be applied to Territo. rial purposes.
But if there was any authority to tax these lands, the amount of the delinquent tax ought to be taken from the Canal Fund; and the Register and Receiver have not done their duty if they have allowed them to be sold if there was any part of the Fund unexpended. If there was none, it was not right for the legisla. ture to remit all of the interest, and to postpone the payment of the principal due from the purchasers of those lands. Certain. ly this is no reason why the people of the Territory should be taxed to supply the deficiency thus created in the Fund.
On the whole, it seems that the purchasers of those lands have got the possession of them by paying only ten per cent, of the purchase money; they occupy and enjoy them as their own, all future payments indefinitely postponed ; and it is now proposed to take money from the Territorial Treasury, and which belongs to the people of the territory, to pay their taxes.
The Council and House of Represntatives, I am aware, have not assumed the exclusive controlment of the Canal Board; but I presume they will not deny, the right of the executive to resist by all the constitutional means in his power any attempt to levy new taxes or take the money from the Treasury, for such
a purpose. Aod I cannot but notice the fact, that since these Resolutions were introduced, the Assembly has found it neces. sary, to meet the demands of the public creditors for debts in. curred by the Legislature in former years, to pass a law to levy a direct Tax upon real and personal properly, which will when collected a!nount to several thousand dollars. And other laws bave been passed at the session authorizing increased taxation in the towns and counties; and I am uo willing to see them further incregsed or to give occasion therefor by the passage of these Resolutions.
J. D. DOTY. Executive DEPARTMENT, Wisconsin, ) Madison, April 15, 1843,
The question being on the passage of the said resolution re. ferred to in the foregoing message, it was put in these words : “ will the house on reconsideration pass the resolution ?" and it passed in the affirmative, two thirds voting therefor.
And the ayes and noes were taken and are as follows :
Ayes--Messrs. Crossman, Darling, Elmore, Hamilton, Hicks, Hopkins, Hunkins, Judson, Long, Manahan, Masters, Meeker, Olin, Platt, Parsons, Price, Thompson, Tripp, , Trowbridge, Walker and Ellis [Speaker,]—21.
Noes--Messrs. Agry, Capron, Palmer and Van Vleet-4. [ So the resolution was passed.
The message from the Governor returning to the Council the bill entitled "an aci to provide for the payment of the er. penses of the Legislative Assembly," with his objections thereto which had been re.considered and passed by the Council, 198 read and is as follows : " To the Legislative Council :
The bill entitled "an act to provide for the payment of the expenses of the Legislative Assembly,"which originated in the Council and was received by me this morning, I return with
out my signnture, and I respectfully state the following objections thereto
The 1171h No. of the act of Congress of the 18th of May, 1842, provides “ that the Legislative Assembly of po Territory shall hereafter, in any instance or under any pretext whatever exceed the amount appropriated by Congress for its annual ex.
The appropriation by Congress for these expenses for the half year beginning the 1st of January and ending the 30th of June 1843, is nineteen thousand two hundred and seventy five dollars.
The amount appropriated by this bill is, $10,693,97; and the pay and mileage of the members is $8,693,30; amounting in all to the sum of nineteen thousand, three hundred and seven. ty dollars and twenty-seven cents.
The items for expenses previous to the first of January, amount to six thousand and seventy.one dollars and thiriy.five cents.".
These appear to me to be palpable violations of the above act of Congress.
There are many items in the bill for which no estimate was made by the Secretary of the Treasury ; and also many others, which exceed those estimates. Of these I have only time to potice that they amount to more than six thousand dollars.
The estimare made for printing for the House, Council and Executive department, was three thousand dollars; and this bill gives for printing (and newspapers, for which thera was no estimate,] five thousand, two hundred and five dollars and fifty-six cents; I object to this too, that it does not contain the proper or usual sum for printing for the Esecutive Depart. ment; and it allows a greater price for printing, than that for which other printers offered to perform the work. We are re. quired by law, I think, to have the printing done in the cheapest and best manner; and I can discover no justification for reject.