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" To the Legislative Council:
I have approved and signed the “ Memorial of the legislative assembly of Wisconsin, praying the office of the governor of the territory may be made elective by the people," and bills with the following titles, to wit:
"An act to amend the several acts relative to the town of Milwaukee;'
"An act in relation to dams on the Manitouwoc river;"
"An act concerning the City of the Four Lakes;' · "An act to amend the statutes of this territory relative to sales of land under execution or mortgage, and to legalize certain conveyances;' and,
"An act to amend an act authorizing Samuel H. Farnsworth to build and maintain a dam on the Menominee river;"
Which are deposited in the office of the secretary of the territory.
J. D. DOTY.
The following message from the house of representatives was delivered by the clerk thereof, viz:
“Mr. President: The house of representatives have passed a resolution entitled 'Resolution relative to the debts of the territory,' in which I am directed to ask the concurrence of this house." . On motion of Mr. Barber,
The resolution mentioned in the above message was taken up, and adopted.
Mr. Crocker, from the joint committee of the two houses to cancel certain bonds, scrip, &c., under a joint resolution for that purpose, had leave to report, and he thereupon made a report.
On motion of Mr. Crocker, Ordered, that the secretary transmit said joint report to the house of representatives.
The following message from the governor was delivered by his private secretary, Mr. Charles Doty, viz: “To the Legislative Council:
The joint resolutions which originated in the council, and which are entitled “Joint resolutions relative to the distributive share of Wisconsin in the net proceeds of the public lands,' I return herewith; and respectfully submit the following objections thereto:
The first resolution authorizes “Joshua Hathaway, of Milwau. kee, receiver of the board of commissioners of the Milwaukee and Rock river canal,' to receive the sum of one thousand and eighty, two dollars and forty-five cents—the share of Wisconsin above mentioned.
The records of this office show that Mr. George D. Dousman was the person last appointed receiver of said board; and it does not appear that Mr. Hathaway was ever duly appointed to that office and commissioned; or that he has given the bond and security required by the statute to be given by the receiver,
The second resolution authorizes ‘Joshua Hathaway to pay to Joshua Hathaway and Allen W. Hatch, the amount of money by them borrowed, together with the interest thereon, under a joint resolution of the legislative assembly, adopted in December last, entitled a resolution to authorize the register and receiver of the Milwaukee and Rock river canal to borrow certain moneys.?
No such resolution, as the one above cited, ever passed the legislature; and therefore no money could have been borrowed, or liability incurred, on the part of the territory,
If the resolution above alluded to was one which was passed by the members of the council and house of representatives, at their informal meeting 'in December last,' then I object to it,
Ist. That the resolution was passed at a session unauthorized by law, and without the sanction of, or presentation to, the three branches into which the legislative power of the territory is divided.
2nd. That it is not a law; and no money can, or ought to be borrowed on the faith of the people of the territory, or drawn from the treasury, but by law.
3rd. It authorized the borrowing of money to pay the delinquent taxes of the settlers on the Milwaukee canal lands, which is not a brightful subject of legislation. The power to borrow money on the faith of the people has not been granted to the legislature.
4th. It is unjust to the citizens of other parts of the territory to tax them to pay the taxes of those settlers.
5th. The canal lands belong to the territory until the consideration for the sale is paid; and the property of the territory is not liable to taxation. No other interest in the lands but that of the purchaser could be taxed or sold; and that interest is contingent on the paynient of the purchase money.
The territory owes nothing to Messs. Hathaway and Hatch: They hold no demand against it which we are required to pay:This money belongs to the territorial treasury, and not to the canal fund; and, in my judgment, should be applied to territorial purposes.
But if there was any authority to tax these lands, the amount of the delinquent tax ought to be taken from the canal fund; and the register and receiver have not done their duty if they have allowed them to be sold, if there was any part of this fund unexpended. If there was none, it was not right for the legislature to remit all of the interest, and 10 postpone the payment of the principal, due from the purchase of those lands. Certainly this is no reason why the people of the territory should be taxed to supply the deficiency thus created in the fund.
On the whole, it seems that the purchasers of those lands have got the possession of them, by paying only ten per cent. of the purchase money; they occupy and enjoy them as their own, all future payments being indefinitely posiponed; and it is now proposed to take money from the territorial treasury, and which belongs to the people of the territory, to pay their taxes.
The council and house of representatives, I am aware, have' assumed the exclusive control of the canal fund and lands, by the appointment of the canal board; but I presume they will not deny the right of the executive to resist, by all the constitutional means in his power, any attempt to levy new taxes, or take the money from the treasury for such a purpose. And I cannot but notice the fact that since these resolutions were introduced, the assembly has found it necessary to meet the demands of the public créditors for debts incurred by the legislature in former years, to pass a law io levy a direct tux upon real and personal property, which will, when collected, amount to several thousand dollars. And other laws have been passed at this session, authorizing increased taxation in the towns and counties; and I am unwilling to see them further increased, or to give occasion therefor, by the pasa sage of these resolutions.
J. D. DOTY. Executive Department, I
Madison, April 15, 1843.")
On motion of Mr. Crocker, The message and joint resolutions were laid upon the table. Mr. Crocker submitted the following resolution; which was adopted, viz:
Resolved, by the council and house of representatives of the territory of Wisconsin, that the secretary of the territory be requested to report to the legislative assembly at its next annual session, the amount of bills or drafts by him issued in pursuance of an act entitled "an act to authorize the issuing of drafts or bills for the payment of the expenses of the present session of the legislative as. sembly," approved February 16th, 1842, and also the amount thereof by him redeemed; and also the amount of certificates by him redeemed, which were issued by the governor and secretary of the territory, in pursuance of the fourth section of an act entitled “an act to provide for the payment of the expenses of the legislative assembly therein named, approved 19th February, 1841."
On motion of Mr. White,
The following message from the house of representatives was delivered by the clerk thereof, viz:
“Mr. President: I am directed to present for the reconsideration and approval of this house, a bill entitled 'An act concerning removals from office, which has been returned by the governor to the house of representatives with his objections thereto, and which has been reconsidered and passed by the house of representatives -twenty-four members voting for, and one against the bill.
Also, for the concurrence of this house, No. 33, "A bill for the relief of the inhabitants of the town of Fond du Lac."
I am also directed to inform this house that the house of representatives have reconsidered and approved "An act to abolish certain offices therein named, which had been returned by the gove ernor to this house with his objections."
The following message from the governor was delivered by his private secretary, Mr. Charles Doty, viz:
sc To the Legislative Council:
The bill entitled “An act to provide for the payment of the expenses of the legislative assembly,' which originated in the council, and was received by me this morning, I return without my sig. nature, and I respectfully state the following objections thereto.
The 117th number of the act of congress of the 18th of May, 1842, provides that the legislative assembly of no territory shall, hereafter, in any instance, or under any pretext whatever, exceed the amount appropriated by congress for its annual expenses."
The appropriation by congress for those expenses for the half year beginning the 1st of January, and ending the 30th of June, 1843, is nineteen thousand two hundred and seventy-five dollars.
The amount appropriated by this bill is $10,698 97; and the pay and mileage of the members is $8,683 30; amounting in all to the sum of nineteen thousand three hundred and seventy dollars and twenty-seven cents.
The items for expenses, previous to the first of January, amount to six thousand and seventy-one dollars and thirty-five cents,
These appear to me to be palpable violations of the above act of congress.
There are many items in the bill for which no estimate was made by the secretary of the treasury; and also many others which exceed those estimates. Of these I have only time to notice that they amount to more than six thousand dollars.
The estimate for printing for the house, council and executive department, was three thousand dollars; and this bill gives for printing (and for newspapers, for which there was no estimate,) five thousand, two hundred and five dollars and fifty-six cents. I object to this, too, that it does not contain the proper or usual sum for printing for the executive department; and it allows a greater price for printing than that for which other printers offered to do the work. We are required by law, I think, to have the printing done in the cheapest and best manner; and I can discover no justification for rejecting responsible bids, and giving twice the amount for which it could have been executed.
The following items are for the illegal sessions held in December and January last; and it must be fully known to every one,