"The committee on enrollment report, that they did, on this day, present to his excellency the governor, for his approval, a bill entitled 'An act to change the name of Henry Sanders Brown,' and a bill entitled 'An act fixing the time of holding the annual sessions of the legislative assembly, and for other purposes.” EDWARD V. WHITON, Chairman of the committee on the part of the council. Chairman of the committee on the part of the house." On motion of Mr. Strong, Bill No. 25, "A bill to provide for the election of sheriffs, judges of probate, and justices of the peace," accompanying the message from the house of representatives, just received, was taken up, and The question being, "Will the council concur in the amendments of the house of representatives to bill No. 25?" On motion of Mr. Strong, The amendment of the house of representatives was amended by striking out of the amendment to the 18th section the word, "second," and inserting in lieu thereof, the word "ninth." The amendments were then concurred in by the council. The following message of the governor, accompanying bill No. 2, was then, on motion, taken up and read: "To the Legislative Council: I return herewith the bill entitled "An to provide for the election of a superintendent of territorial property, and for other purposes," with my objections thereto. The first section provides "that there shall be elected, by joint ballot of the council and house of representatives, an agent of the legislative assembly, who shall be styled superintendent of territorial property, whose term of service shall commence at the time of his election," &c. The second section provides," that there shall be elected, at each regular annual session of the legislative assembly, on such day as the two houses by joint resolution shall prescribe, a superintendent of territorial property, whose term of service shall commence at the termination of the session at which he is elected," &c. The third section declares that "all the duties which now devolve by law upon the commissioner of public buildings, &c., shall devolve upon, and be performed by the superintendent." The fourth section transfers the duties of the librarian to the superintendent; and the 8th section gives him a salary of three hundred dollars a year, besides all expenses incurred by him on account of the territory. The provisions of this bill create a civil office, and confer the power to appoint the person to fill that office upon the council and house of representatives. This transfer of the appointing power from the governor and council to the council and house of representatives, I conceive, is a violation of the ordinance of 1787, and of the 2d and 7th sections of the act entitled "An act establishing the territorial government of Wiskonsan." The provision of the latter section is, that "the governor shall nominate, and by and with the advice and consent of the legislative council, shall appoint all judrcial officers, justices of the peace, sheriffs, and all militia officers, except those of the staff, and all civil officers not herein provided for." "Vacancies occurring in the recess of the council shall be filled by appointments from the governor." The territorial property is not in the possession of the council and house of representatives; nor is it placed by any law under their exclusive control. If the superintendent does not take good care of the property, or is guilty of misbehavior, there is no provision made for his removal; neither is there to fill a vacancy, or to preserve the property from waste or destruction. The assem bly sits but seventy-five days, and can therefore know what is the actual condition of the public property but a few days in the year. The superintendent is required to give a bond in the penal sum of two thousand dollars only, when the value of the public property which will be delivered to him will exceed forty thousand dollars. I do not think these provisions sufficiently guard and secure the interests of the territory. The bill creates a new office, and transfers to it all the duties of the librarian and commissioner, with a salary of three hundred dollars and perquisites, but does not abolish those offices. The librarian would still be entitled to receive three hundred dollars a year, and the commissioner [the compensation] now allowed by law. The 8th sec. provides, that "the superintendent shall receive a salary of three hundred dollars, to be paid by the secretary of the territory out of the fund appropriated by Congress to defray the expenses of the legislative assembly.” If this fund can be appropriated to pay the salary of this officer, I do not see why the salary of every other officer under the territorial laws may not also be paid out of it; especially if they be called "agents of the legislative assembly," and styled "superintendent of territorial property, rights, or interests." Having no knowledge that this salary has been estimated for by the secretary of the treasury, or that it is an object which has been approved by congress, I have no reason to believe that it would be paid at the treasury. I conclude that it would be in the same situation as the scrip and bonds heretofore issued, and eventually be charged upon the people of this territory. The act of congress of the 29th of August, expressly provides, that "no act, resolution, or order of the legislature of any territory, directing the expenditure of the sum (appropriated for its expenses) shall be deemed a sufficient authority for such disbursements, and no payment shall be made or allowed, unless the secretary of the treasury shall have estimated there for. Executive Department, Madison, March 22, 1843." J. D. DOTY. Mr. Strong moved that the council proceed to reconsider No. 2, "A bill to provide for the election of a superintendent of territorial property," returned by the governor without his signature, and his objections thereto; when, On motion of Mr. Dewey, The bill was laid on the table. On motion of Mr. Strong, Bill No. 7, (H. of R.) "A bill to provide for the punishment of embezzling public money;" Was taken up for consideration. Mr. Baker obtained the unanimous consent of the council to amend said bill as follows: By inserting in the seventh line of section one, the word "the," before the word "collection," and, in the same line, by inserting the word "receipt," after the word "keeping," and in the eleventh line, by striking out the words, "or for any other purposes," and inserting before the word "wilfully," the words, "who shall." The question then being, "Shall the bill pass?" It was decided in the affirmative. And the question then being on agreeing to the title, On motion of Mr. Baker, The title was amended by striking out all after the words, "A bill to provide for," and inserting, "punishing the crime of embezzlement by public officers;" And the title as amended was agreed to. Mr. Hugunin moved, that the nominations for Racine county, which were not referred to the committee on the judiciary, be now taken up for consideration. And the question being, "Will the council go into executive business?" It was decided in the negative. Mr. Strong offered the following resolution, viz: Resolved, That the use of the council chamber, to-morrow forenoon, be tendered to the Democratic Territorial Convention; And moved its adoption. Which was agreed to. The following message from the house of representatives was delivered by the clerk thereof, viz: "Mr. President: The house of representatives have concurred in bill No. 9, entitled 'A bill to legalize the proceedings of the inhabitants of Winnebago county, in the organization of said county;' And in the amendment of this house to the amendment of the house of representatives to Bill No. 10, (C.) 'A bill to change the boundaries of certain towns therein named.' And in bill No. 16, (of this house,) relative to the canal lands; in the latter with amendments, in which the concurrence of the council is asked." The following message from the house of representatives, was delivered by the clerk thereof, viz: "Mr. President: The house of representatives have concurred in the amendment of this house, to the third amendment to the 18th section of Bill No. 25, 'A bill to provide for the election of sheriffs, judges of probate and justices of the peace."" On motion of Mr. Newland, No. 16, a bill relative to canal lands, was taken up for consideration. And the question being on concurring in the amendments of the house of representatives, to said bill; On motion of Mr. Crocker, The bill was laid on the table. Mr. Whiton, of the committee on enrollment, reported Bill No. 25, "A bill to provide for the election of sheriffs, judg es of probate and justices of the peace;" As correctly enrolled. The following message from the house of representatives was delivered by the clerk thereof, viz: "Mr. President: I am directed to present for your signature, bill No. 25, which has been signed by the speaker of the house of representatives." Mr. Strong moved, that when the council adjourn this evening, that it adjourn till 2 o'clock to-morrow afternoon. Which was agreed to. On motion of Mr. Whiton, The council adjourned. THURSDAY, March 23, 1843. The council met pursuant to adjournment. |