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of justice to serve any civil process on any person entitled to vote at said election on the day preceding the said election, on the day of election, nor on the day immediately succeeding the same.

Sec. 5. The delegates elected as aforesaid, shall meet at the capitol, in the city of Detroit, on the second Monday of May next; and they, or a majority of them, are authorized to adjourn the said convention to any other place within the said territory for the transaction of business,


President of the Legislative Council. Approved December 26, 1834.



Journals of the Council 1839—40, page 250.

The committee on territorial affairs to whom was referred so much

of the governor's message as relates to the admission of Wisconsin as a state into the union, have attended to that duty, and ask leave to make the following

REPORT: The subject of the formation of a constitution and state government in the territory of Wisconsin, in order to an early admission into the union on a footing of equality with the other states, is one of deep interest to all her citizens.

It is a laudable ambition in the people of Wisconsin to aspire early at a state of independency, when they may take a rank among the states of this union, and participate on a footing of equality with the other states in the enactment of all laws by which they are to be governed. But your committee are of opinion that it is inexpedient to go into a state government at any time without the union and co-operation of all who rightfully belong to us.

It has been declared as the opinion of a former legislative assembly of this territory, “hat all that district of country lying be

tween the northern boundary line of the state of Illinois and a line drawn west from the southern extreme of Lake Michigan to the Mississippi river rightfully belongs to the territory of Wisconsin." This opinion, with the arguments and reasons in support of it, have been spread before congress.

To recede now from the grounds at that time taken, or to relinquish in any manner the just rights of the territory to the juris. diction of that district, in the opinion of your committee, would be to disappoint the hopes and defeat the most cherished desires and wishes of both the inhabitants of that district, and the people of the territory. It is, therefore, the opinion of your committee that it would be impolitic and unwise to take any measure towards forming a constitution and state government within the limits of the territory as prescribed by the existing laws of congress.

In order, therefore, to the attainment of an object which the true interest and the united wishes of all parties seem to demand, your committee submit the following resolutions.


Extract from the Journal of the Council, page 87, Dec. 31, 1839.

“Mr. Martin, from the select committee to whom had been referred resolutions Nos. 5 and 6, in relation the southern boundary line of this territory, and the substitute for the latter (reported by a committee of the whole) reported a substitute as follows: No. 7, ‘Resolution relative to the southern boundary, and the admission of Wisconsin into the union as a state.'

The following are the resolutions as they passed and were approved by Gov. Dodge, January 13, 1840:

Resolutions relative to the southern boundary, and the admission of Wisconsin into the union as a state.

Whereas, the southern boundary of this territory, and of the state to be formed therein, is fixed and established by the ordinance of July 13th, 1787, on a line running due west from the southerly bend or extreme of Lake Michigan" to the Mississippi river;

And whereas, although said ordinance is declared to be unalterable, unless by common consent, a large and valuable tract of country is now held by the state of Illinois, contrary to the mauifest night and consent of the people of this territory;

And whereas, it is inexpedient for the people of this territory to form a constitution and state government, or to ask admission into the union as an independent state, until the southern boundary, to which they are justly entitled by said ordinance, shall be fully recognized by the parties of the original compact; therefore,

Resolved, by the council and house of representatives of the territory of Wisconsin, that the inhabitants of this territory qualified to vote for delegate to congress, be requested at the next general election, to be held on the fourth Monday of September, to vote for or against the formation of a state government, including all that district of country north of a line running due west from the most southerly bend or extreme of Lake Michigan to the Mississippi river, over which the state of Illinois exercises jurisdiction; and if a majority of such electors vote in favor of such measure, the governor is hereby authorized to issue his proclamation requiring the electors aforesaid to meet in their respective precincts on such day as he may appoint, and choose delegates froin their respective districts, equal to the number of representatives in both branches of the legislative assembly, to assemble at the capitol at Madison, on the third Monday of November, for the purpose of deliberating upon and adopting such lawful and constitutional measures as may seem to be necessary and proper for the early adjustment of the southern boundary and admission into the union of the state of Wisconsin, on an equal footing with the original states, in all respects whatever.

Resolved, That the judges of the several election precincts be required to receive, and the clerks of the boards of county commissioners to canvass, the votes authorized to be taken by the foregoing resolution, and make return thereof to the governor, agreeably to the provisions of an act to provide for and regulate general elections.

Resolved, further, That the inhabitants of the district of country, now claimed by Illinois, lying north of the line running due west from the southern extreme of Lake Michigan to the Mississippi river, be, and are hereby invited to furnish the executive of this territory, as early as may be convenient, and in such manner

as they may deem proper, an expression of their sentiments in rclation to the formation of a state government, as contemplated by the foregoing resolution; and in the event of an election being ordered by the proclamation of the governor, for the election of delegates to the convention as above provided for, to choose delegates to the convention aforesaid, proportionate to the ratio of representation in the legislative assembly of this territory, to act on the business of said convention, on an equal footing with the other delegates.

Resolved, further, That two-thirds of all the delegates, authorized by the first resolution, shall constitute a quorum for the transaction of business.

Resolved, That the governor cause to be transmitted one copy each, of the foregoing preamble and resolutions, to such editors of newspapers in the state of Illinois, and in this territory, as he may deem proper, with a request that they publish the same in their respective papers.

After the delivery of the message, his excellency the governor retired from the representatives' hall.

On motion of Mr. Martin,
The convention aajourned;
And thereupon the house was called to order.

On motion of Mr. Darling, Ordered, that five hundred copies of the governor's message be printed for the use of this house.

On motion of Mr. Meeker, The message from the council relative to the death of the hon. L. F. Linn was taken up, when the following resolutions were unanimously adopted, to wit:

Resolved, by the council, (if the house of representatives concur) that the legislative assembly of the territory of Wisconsin have learned with feelings of the greatest regret the death of the hon. Lewis F. Linn, late a senator from the state of Missouri; that by his death his family has been deprived of a most affectionate and amiable head; congress of a true patriot and able statesman; his own state of a most faithful and efficient representative; the whole west of a friend and ever ready advocate of its best interests, and the territory of Wisconsin, in particular, of one who has been on all occasions its resolute and devoted friend, and to

whom it is deeply indebted for his zealous activity in her behalf in the body which he was a member.

Resolred, That as a testimony of the respect which the legislative assembly of the territory entertains for the memory of hon. Lewis F. Linn, both houses will immediately adjourn.

On motion of Mr. Capron,
The house adjourned until to-morrow at 10 o'clock, A. M.

TUESDAY, December 5, 1813.

Mr. Elmore gave notice that he should, on to-morrow, ask leave to introduce a bill requiring clerks of the boards of supervisors in the several counties of this territory to give bonds for the faithful performance of their duties.

On motion of Mr. Thompson,
The following resolutions were adopted:

Resolved, (if the council concur,) that the standing joint rules of the two houses, of the last session, be adopted for the government of the two houses at their present session, until others are adopted.

Resolved, That the editors and reporters of the different newspapers published in this territory be allowed to occupy seats within the bar of this house.

On motion of Mr. Elmore, Ordered, that this house do now proceed to the election of speaker, and that two tellers be appointed to canvass the votes.

Messrs. Elmore and Trowbridge were appointed the said tellers.

On motion of Mr. Darling, A call of the house was made, when twenty-four members answered to their names, (Messrs. Hicks and Long being absent) and thereupon further proceedings under the call were dispensed with. The ballots were then taken and counted, when Messrs. Elmore

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