Those who voted in the affirmative, were Messrs. Barber, Dewey, Heath, La Chapelle, Newland, Rountree, Strong, White, Whiton, and Martin, (Pres't,)-10. So the resolution was rejected. Mr. Crocker moved the suspension of all rules of the council which would prevent the following entitled resolutions from being ordered to be engrossed for a third reading now, viz: "Joint resolutions relative to the distributive share of Wisconsin in the net proceeds of the public lands." Which was disagreed to. The president announced the appointment of Mr. Whiton to be of the joint committee of the two houses, appointed to settle with Daniel Baxter, in the place of Mr. Hugunin, who had been excused from serving on said committee. Mr. Whiton moved that he be excused from serving on said committee; Which was agreed to. The president then appointed Mr. Heath to be of said committee, in place of Mr. Whiton. Mr. Crocker, by leave, offered the following resolution: Resolved, That the committee on territorial affairs be instructed to report a memorial to congress, relative to the estimates of expenditures of the legislative assembly, and that said committee be instructed to report an estimate of those expenditures, to be laid before the Secretary of the Treasury; Which was adopted. On motion of Mr. Dewey, The council adjourned. WEDNESDAY, April 5, 1843. The council met pursuant to adjournment. Prayer by the Rev. Mr. Clark. The journal of the previous day having been read, The following message from the governor was delivered by his private secretary, Mr. Charles Doty, viz: "Mr. President: I am directed by the governor to return to the legislative council a bill entitled 'An act to provide for the election of a territoris printer,' together with a message in writing." The president laid before the council a message from the governor on executive nominations; Which was read and laid on the table. Also, the following message from the governor, viz: "To the Legislative Council: The bill entitled 'An act to provide for the election of a territorial printer,' is herewith returned without my signature, and I respectfully submit my objections thereto. 1st. It requires the territorial printer to give a bond 'to the territory of Wisconsin.' It is well known to every lawyer, that no suit or indictment can be maintained in her name; and that for this reason all prosecutions for violations of the laws of the territory are, and ever have been, in the name of "the United States.' A bond given to a minor might as well be sued and collected in the name of the minor. A territory does not possess any portion of the sovereignty of a state; and until she becomes a state, the entire sovereignty over her is in the United States. She is compelled to enforce her laws in the name and by the authority of that government which she represents, and in virtue of which all her laws are passed. The supreme court of the United States have decided that congress possesses and exercises 'the absolute and undisputed power of governing and legislating' for the territories; and also, that 'congress exercises [over them] the combined powers of the general, and of a state government.'-C. Cranch's Reports, 332-1 Peter's Reports, 546. The bond, therefore, does not, in my opinion, secure that accountability to which all public officers should be held. This section provides that the bond shall be deposited with the clerk of the supreme court. The clerk is an officer of the court, and not of the territorial government. He is appointed by the court and holds his office during its pleasure. He is responsible to it for the performance of his duties; but the duty of keeping safely, and for the use of the territory, the bonds of public officers, is not enjoined upon him either by the court or by law. If he is guilty of misbehavior, or if he should destroy this bond, the assembly has no power to remove or punish him. It appears to me, therefore, that this section provides that a bond shall be given by the printer, which when executed will be good for nothing, and that when executed it shall be thrown away. 2d. The 7th section conflicts with the act of congress, which declares that 'no act, resolution, or order, of the legislature of any territory, directing the expenditure of the sum [appropriated for the support of government therein,] shall be deemed a sufficient authority for such disbursement.' This section declares that the receipt of the superintendent shall be 'a sufficient voucher to authorize the secretary of the territory to pay to said printer the amount therein specified.' The secretary has the right by law to judge for himself whether a voucher is 'sufficient' to authorize him to make the payment; and it is also his right, because it is his duty, as I conceive, to determine whether the 'amount' charged by a public creditor is the proper sum to be paid for the service rendered. If the assembly was to declare that a favorite printer should receive eleven thousand dollars for a service which was not worth more than five thousand, and which others equally competent offered and were ready to perform for five thousand, surely no one can doubt which sum ought to be paid by him. 3d. The effect of the provisions of this bill will be to establish and maintain a press for the support of a political party, with the funds granted by congress for the support of this government, and to give to the newspaper published by it a circulation and preference over those issued by other presses in the territory. If the press thus selected should happen to be opposed to the adminis tration of the government of the United States, the interests of the territory would be greatly prejudiced by it. If every press was allowed an equal opportunity to become employed to execute the work, by an offer to give it to the lowest bidder who should give satisfactory security, it could not then be controlled by the party which might have a majority in the assembly, or the service performed in any other than the most economical manner-competition would secure economy, and preserve unpolluted the medium through which the people receive intelligence of public affairs and of the acts of their officers. The assembly has before it several propositions, with a tender of ample security, to do the printing for the territory for a sum almost one half less than this bill gives to the public printer for the same work. This alone would be sufficient to compel me to withhold my assent. In addition to the foregoing objections, I must add those heretofore stated relative to the appointing power. Mr. Strong presented, and asked the reading of the following letter, which was read, viz: "WASHINGTON, January 12, 1840. "Sir: The legislative assembly of Wisconsin has, by a resolution approved by the governor on the 16th of December, 1839, requested me to protest against the extension of the military reservation of Fort Snelling to the Wisconsin side of the Mississippi river, with which I have now the honor to comply. A question of some importance will arise if the reservation is made, which I beg leave to state. The United States may reserve any portion of it from sale, but can it extend military jurisdiction over so large a tract of country as is embraced in the limits of this reservation, by the simple declaration that it is necessary for military purposes? A Territory is a State under a temporary form of government. It may be doubtful with some whether congress may exercise exclusive jurisdiction over this reservation, the purchase hav ing been without the consent of the legislature of that state. Against the exercise of that jurisdiction the legislative power of that state now protests. The subdivisions of the territory north-west of the Ohio are denominated States" in the ordinance of 1787. And in the 3d section it is ordained, "that the laws to be adopted or made (by the legislature) shall have force in all parts of the district." It also requires the governor "to lay out the parts of the districts in which the Indian title shall have been extinguished, into counties and townships." An exclusive military jurisdiction would be incompatible with the exercise of this power by the territorial government. I am advised that a copy of the resolution of the assembly of Wisconsin has been forwarded to the War Department, and I beg leave to refer to the reasons therein stated. I have the honor to be, sir, with great respect, your obedient J. D DOTY. servant. Hon. J. R. POINSETT, Secretary of War." On motion of Mr. Whiton, The governor's message and the above letter were referred to the committee on territorial affairs. Mr. Hugunin presented a remonstrance from citizens of the town of Southport, remonstrating against the proposed division of said town; Which was referred to the committee on incorporations. Mr. Strong presented a remonstrance from citizens of Iowa county, against the proposed removal of the territorial seat of gov ernment; Which was read and laid on the table. Mr. Crocker presented a memorial from the citizens of the town of Milwaukee, praying for an increase of representation in the county board of supervisors; Which was referred to the committee on incorporations. Mr. La Chapelle presented a communication from La Fayette Kellogg, clerk of the supreme court; Which was read, and referred to the committee on the judiciary. |