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meet the legislature, as extraordinary, unwarranted by any principle of reason or law, evincing a disposition to bid defiance to the will of the people, and a total disregard of their interest. Such conduct deserves the reprobation of the legislature, as it will most assuredly receive the condemnation of an injured and insulted territory.
Courtesy to the representatives of the people, similar to that extended by them to him, should have induced the governor to have assigned, in respectful terms, his reasons for not meeting or recognizing the legislature. These reasons he has withheld, and standing in an attitude independent of the will of the people, he treats their representatives with insolence and contempt, and disregards the laws of the territory which he is sworn to obey.
Upon the last question referred to them, your committee have to say, that, waiving the question whether there can be a session without the concurrence of the governor, yet as they are aware serious doubts are entertained by many upon this subject, your committee are led to the conclusion that it is expedient to adjourn the present session of the legislature sine die. But sensible that in the mean while the interests of the territory will materially suf fer should there be no session until the first Monday of December next, your committee would recommend the adoption of a memerial by the two houses, asking congress to pass some law which will enable the legislature to convene at an earlier day.
We deem this recommendation necessary, as the governor may, from year to year, refuse to meet the legislature, as he has done in the instance before us.
In conclusion, your committee respectfully beg leave to report the following resolutions for the action of the legislature, as embracing the conclusions to which they have arrived:
Resolved, by the council and house of representatives of the territory of Wisconsin, that in their opinion the congress of the United States did, on the 18th day of May last, appropriate the sum of $20,000 to defray the expenses of the legislative assembly of the territory of Wisconsin, commencing on the first Monday of December, 1842, and that there is no law, either of congress or of this territory, which would prevent the holding of a session of the legislature at the present time, or would render invalid or nugatory any law which it might enact.
Resolved, That while we entertain the opinion that there can be no objection to the legislature holding a session at the present. time, by reason of no appropriation having been made to defray its expenses; yet, inasmuch as doubts are entertained whether there can be a session of the legislature without the concurrence, of the governor, we deem it expedient that the present session of the legislature adjourn without day.
Resolved, That the conduct of the governor, in refusing to meet the legislature at the present session, thereby preventing all legislation, and centering all power in his own hands, is unparalelled in the history of this government, and a gross violation of all law,
and of those laws which, as governor of the territory, he is sworn to support—and that his refusal to assign reasons for so extraordinary a course, is an insult to the legislature and the people of Wisconsin.
Resoloed, That for the reasons set forth in the foregoing report, it becomes the duty of this legislature to memorialize congress, and call for such relief as the nature of the case may require. All of which is respectfully submitted.
H. CROCKER, Chairman,
M. C. DARLING,
On motion of Mr. Baker, Ordered to be printed, with three hundred extra copies, by the: printer of the house of representatives.
The resolutions reported by the joint committee, were then, read the first and second time.
On motion of Mr. Barber, Ordered, that so much of the 29th rule of the council as requires all bills and joint resolutions, originating in the council, to. be printed before being considered in committee of the whole, be suspended with reference to the resolutions just read.
On motion of Mr. Whiton, The council then resolved itself into committee of the whole, Mr. Rountree in the chair, for the consideration of the resolutions just reported by said joint committee.
The committee rose and reported progress, and asked leave to sit again; and leave being granted,
On motion of Mr. Crocker,
THREE O'CLOCK, P. M.
On motion of Mr. Crocker, The council, in committee of the whole, Mr. Rountree in the chair, resumed the consideration of the resolutions under consideration this morning, and after some time the committee rose, and by their chairman reported the same with amendments; which amendments were concurred in by the council.
Mr. Newland moved to amend the second resolution by striking out the word “while” in the first line, and all after the word “ expenses” in the fifth line.
And the ayes and noes being called for,
Those who voted in the negative, are
So the amendment was not adopted.
Mr. Newland then moved to amend the second resolution by striking out the words without day,” and inserting the words.the third Monday in January next.”
And the ayes and noes being called upon the question of adopting said amendment, were as follows:
Those who voted in the affirmative, are Messrs. Barber, Newland, Whiton and Strong, (Pres't)-4. Those who voted in the negative, are Messrs. Baker, Crocker, Dewey, La Chapelle, Martin, Rountree and White—7.
So the amendment was not adopted.
Mr. White moved to amend the third resolution by striking out the words "gross” and “all;"
Which was agreed to.
Mr. Martin offered the following resolution, as a substitute for the fourth resolution under consideration:
Resolved, That copies of the report of the committee and the resolutions, be transmitted to the president of the senate and speaker of the house of representatives of the United States, to be laid before the bodies over which they respectively preside, that such relief may be granted by congress as the nature of the case may require, and the wants of the people of the territory demand.
On motion of Mr. Crocker, Ordered, that so much of the 29th rule of the council, as applies to the engrossing of the resolutions under consideration previous to being read the third time, be suspended.
The question then recurring on the passage of the resolutions, and the ayes and noes being called for, the result was as follows:
Those who voted in the affirmative, are
No rnember voted in the negative.
On motion of Mr. Whiton,
The following message from the house of representatives was delivered by the clerk thereof, viz:
“Mr. President: The house of representatives have passed the accompanying resolution, in which I am directed to ask the concurrence of this house:
“Resolved, by the house of representatives, the council concurring therein, that a joint committee of the two houses be appointed to draft a memorial to the president of the United States, praying the removal of his excellency, James D. Doty, from the office of governor of Wisconsin."
Which was read the first and second time.
On motion of Mr. Crocker, The council resolved itself into a committee of the whole for the consideration of the joint resolution from the house of representatives;
Mr. Newland in the chair.
The committee rose and reported the resolution back to the council without amendment; thereupon,
On motion of Mr. Crocker, A call of the council was made, and the following named persons were found to be absent, viz: Messrs. Dewey, Martin and Rountree;
Whereupon the sergeant-at-arms was despatched for the absent members, who, after a short time reported them present, and further proceedings under the call were suspended.
The resolution was then read a third time.
The question then recurring on the passage of the resolution, and the ayes and noes being called for, the result was as follows:
Those who voted in the affirmative, are
Messrs. Baker, Barber, Crocker, Dewey, La Chapelle, Martin, Newland, Rountree, White, Whiton and Strong (Pres't)—11.
No member voted in the negative.
The president appointed Messrs. Whiton, Barber and Rountree, as a committee on the part of the council under the resolution just passed.
On motion of Mr. Baker, The council adjourned until nine o'clock to-morrow morning.
FRIDAY, December 9, 1842,
The journal of the previous day having been read,
The following message from the house of representatives, was delivered by the clerk thereof, viz: