JOURNAL OF THE HOUSE OF REPRESENTATIVES; SECOND ANNUAL SESSION OF THE FOURTH LEGISLATIVE ASSEMBLY OF THE TERRITORY OF WISCONSIN; BEGUN and held at Madison, the seat of government, on Monday, the fourth day of December, in the year of our Lord one thousand eight hundred and forty-three; being the day fixed by law for the annual meeting of the said assembly. On which day, at 12 o'clock, meridian, the House of Representatives was called to order by John Catlin, the chief clerk; and the roll being called, the following named members, who had presented certificates of their election and qualification, answered to their names, and severally took their seats, to wit: From the county of Brown, and the counties thereto attached— Messrs. Albert G. Ellis, David Agry and Mason C, Darling. From the counties of Milwaukee and Washington-Messrs. Andrew E. Elmore, Benjamin Hunkins, Thomas H. Olin, Jonathan Parsons, Jared Thompson, and George H. Walker. From the county of Racine-Messrs. John T. Trowbridge, Levi Grant and Ezra Birchard. From the counties of Rock and Walworth--Messrs. John M. Capron, William A. Bartlett, John Hopkins and James Tripp. From the counties of Dane, Dodge, Green, Jefferson and Sauk -Messrs. Robert Masters, Lyman Crossman and Isaac H. Palmer. From the county of Iowa-Messrs. Moses Meeker and George Messersmith. From the county of Grunt-Messrs. Alonzo Platt and Glendower M. Price. From the counties of Crawford and St. Croix-Mr. John H. Manahan. On motion of Mr. Ellis, George H. Walker was appointed speaker pro tempore. William II. How was appointed messenger pro tempore. William Fowler was appointed fireman pro tempore. On motion of Mr. Birchard, John W. Trowbridge was appointed sergeant-at-arms pro tempore. A message from the council by their secretary: "Mr. Speaker: I am directed by the council to inform this house that the council have temporarily organized, and are now ready to proceed to business." On motion of Mr. Agry, Thomas L. Franks was appointed assistant clerk pro tempore. On motion of Mr. Ellis, Resolved, That the standing rules of the house of representatives of the last session be adopted for the government of this house at its present session until others are prepared and adopted. On motion of Mr. Crossman, Resolved, That the clerk be directed to inform the hon. the council that this house is now organized pro tempore, and ready to proceed to business. A message from the council by their secretary: "Mr. Speaker: I am directed to inform this house that the council have appointed Messrs. Baker and Rountree a committee on their part, to act in conjunction with a like committee to be appointed by this house, to inform his excellency the governor that the two houses of the legislative assembly of Wisconsin territory, have organized pro tempore, and are now ready to receive any communication he may have to make to them." Messrs. Capron and Hunkins were appointed on the part of the house to act in conjunction with the committee named in the foregoing message from the council. Mr. Capron, from the joint committee appointed to inform his excellency the governor of the organization of the two houses, &c., reported that the committee had performed the duty assigned them, and that his excellency informed them that he would deliv er his message to the two houses, in person, at half-past 2 o'clock this afternoon. A message from the council by their secretary: "Mr. Speaker: The council have passed resolutions of the following title, in which the concurrence of this house is asked, to wit: 'Joint resolutions relative to the death of the hon. Lewis F, Linn, late United States senator from the state of Missouri."" On motion of Mr. Meeker, Resolved, That Sheldon & Hyer be appointed to do the incidental printing for the house until otherwise directed. On motion of Mr. Agry, Ordered, that the sergeant-at-arms be directed to prepare seats in this hall for the reception of the council preparatory to the reception of the governor's message. On motion of Mr. Mecker, Ordered, that when this house adjourn, it adjourn until a quarter past 2 o'clock, P. M. And then the house adjourned. A QUARTER PAST 2 O'CLOCK, P. M. On motion of Mr. Crossman, Ordered, that the clerk be directed to acquaint the council that seats have been prepared in the representatives' hall for their accommodation, preparatory to the delivery of the message of his excellency the governor. The hon. the council appeared and took seats. On motion of Mr. White, Ordered, that a committee of one from each house be appointed to inform his excellency, that the two houses have assembled in convention in the representatives' hall, and are ready to receive his message. Messrs. White and Darling were appointed the said committee. His excellency the governor appeared in the representatives' hall, and addressed the two houses, as follows: Gentlemen of the Council, and House of Representatives: We have met for the purpose of determining whether any additional provisions of law are required by the inhabitants of this territory, to secure to them the enjoyment of either their civil or political rights, or to promote their welfare, which we, exercising only the limited power delegated to the legislative branch of this government by congress, can enact. There are, doubtless, many individual cases in which relief may be granted from the effects of previous erroneous or inadequate legislation; but, in my opinion, the people only, in the exercise of their sovereign power as an independent state, can correct the evils which appear to be incidental to this colonial form of government, in its judicial, legislative and executive departments. The appropriation by Congress for the fiscal year of 1844. founded upon the estimates of the secretary of the treasury of the amount required to defray the expenses of the assembly, will not, according to the act of congress, allow a session to be held the usual term of seventy-five days. So far as I have learned the opinions or wishes of the people, they are decidedly in favor of shorter sessions than have heretofore been held; for it is generally believed that they have been prolonged without any apparent benefit to the territory. These are my own opinions also; and, there fore, you will allow me to express the hope that your present session may be as short as the public interest will permit. Your earliest attention, it is presumed, will be given to the subject of the indebtedness of the territory for legislative and other" expenses, heretofore incurred. The amount ought to be ascertained, and provision made for its payment. If debts have been created on the faith of the territory, the people ought to be inform ed of their character and extent; but the opportunity should no longer be given to the public creditors to say, that Wisconsin will not pay her debts. A revision of the statutes, and especially of those establishing the system of taxation, reducing the number and the amount of the taxes, would be more useful, and, in my judgment, ceptable to the people, than the passage of many new laws. more ac The complaint continues to be justly made that the country is burthened with numerous laws and heavy taxation. A code of laws with but few provisions, and those plainly drawn and seldom changed, is the best evidence of a good government. But when the laws are uncertain, incongruous and inappropriate, or written with many words and vague sentences, or when they contain numerous and conflicting provisions on the same subject, a weak, ignorant or corrupt judge may destroy the rights of the citizens by his interpretation and administration of them. And when, in addition, the limitations and restrictions imposed by the acts of congress are wholly disregarded, there can no longer be any security for personal liberty, or, as we have seen, to the right of property; neither have the people any protection against increased taxation or an accumulation of the public debt. The experience of previous years forbids the hope that such evils can be remedied under the present form of government.For this reason, and believing as I do that the happiness of the people and the prosperity of the country will be advanced by the adoption of a state government, I respectfully recommend the passage of a law appointing a day for the free inhabitants of this district to vote upon the question whether a permanent government shall be formed according to the articles of compact of 1787.-And I would recommend that a day be selected on which no other election is to be held, that the opinion to be expressed may be, if possible, uninfluenced by the local or political parties by which the elections are usually controlled. There are now it is admitted by every person acquainted with our settlements, more than sixty thousand inhabitants within the limits of this territory; and within the limits fixed by the ordinance and subsequent acts of congress for the fifth state in the northwestern territory, there is estimated to be over one hundred and twenty thousand. If there shall be a majority in favor of state government, I propose that a law be passed requiring the governor to make that fact known by proclamation, and authorizing the sheriffs of the several counties within this district thereupon to cause an enumeration of the inhabitants to be made and returned to the legislature at its next session. The pecuniary and other advantages to be obtained by the people by a change of government, have been heretofore so fully presented by me to the assembly, that I shall not trouble you again with their repetition. As arguments in its favor, they have daily increased in strength and importance; and they remain unanswered. The ordinance of 1787 grants to the people the right to form states within certain districts, and to congress the right to admit such states into the union. The constitutions of the states of Tennessee and Michigan were formed under this provision, the |