The council resolved itself into a committee of the whole, for the consideration of said preamble and resolutions;

Mr. Barber in the chair.

And after some time spent thereon, the committee rose and reported the same back to the council with amendments, in which they asked the concurrence of the council.

The question then being upon the concurrence of the council to the amendments reported by the committee of the whole to said preamble and resolutions; on which question,

The ayes and noes being called for,

Those who voted in the affirmative, are

Messrs. La Chapelle, Rountree, Whiton and Strong, (Pres't)-4. Those who voted in the negative, are

Messrs. Barber, Crocker and White-3.

So the amendments reported by the committee of the whole, to said preamble and resolutions, were concurred in by the council.

The question was then put on ordering the said preamble and resolutions to a third reading, which was decided in the affirmative;

And the preamble and resolutions were then read the third time.

The question then being on the passage of said preamble and resolutions,

And the ayes and noes being called for, the result was as follows:

Those who voted in the affirmative, are

Messrs. Barber, Crocker, La Chapelle, Rountree, White, Whiton and Strong (Pres't)-7.

No member voted in the negative.

So the preamble and resolutions unanimously passed the council, as follows:

WHEREAS, the members of the council and house of representatives of the territory of Wisconsin did, in pursuance of law, assemble at the capitol on the first Monday of December, 1842, and having legally organized their respective houses, appointed the usual committee to wait upon the governor and inform him that they were so organized, and ready to receive any communication he might have to make to them;

And whereas, the governor refused to meet or recognize the right of the members to hold a session of the legislature, for the reason, as has since appeared in a communication by him addressed to the members of congress, "that no appropriation had been made to defray the expenses of said session;"

And whereas, the members of the council unanimously, and the members of the house of representatives, with but two dissenting voices, did, at said session, declare it to be their opinion that an appropriation had been made by congress to defray the expenses of said session; but inasmuch as the governor, in violation of his duty, had refused to meet and co-operate with the legislature, it was deemed expedient or advisable to adjourn to the last Monday of January, 1843, in the belief that the obstacles, pretended to exist in the mind of the governor, would be removed by some action of congress, directing the proper application of said appropriation, or by the making of another appropriation for the expenses of the legislative assembly;

And whereas, the congress of the United States did, on the 24th day of December last, by "an act making appropriations for the civil and diplomatic expenses of government, for the half calendar year ending the 30th day of June, 1843," appropriate the sum of $19,275 for the expenses of said legislative assembly;

And whereas, the legislative assembly of the territory of Wisconsin, in pursuance of said adjournment, did convene at the capitol, and did appoint the usual committee to wait upon the governor and inform him they were in session;

And whereas, the governor replied to the said committee, that he was still of the opinion he had formerly expressed, and had no communication to make to the legislative assembly, except a copy of his proclamation, convening the legislature on the sixth day of March next;

And whereas, the legislature did present to the congress of the United States their grievances, and did memorialize the president of the United States to remove James D. Doty from the office of governor, as a man unfit to rule over a free people;

And whereas, on or about the 14th day of January, 1843, the resolutions of the legislature, appealing to congress to relieve the territory from the grievances occasioned by reason of the gov

ernor's conduct, were laid before the senate and house of representatives of congress, and were referred to the appropriate committees. The legislature, therefore, relying on the wisdom, patriotism and justice of the national legislature, expect that the subject will receive that serious consideration which its importance requires, and do confidently hope to be relieved from the present embarrassment:

Resolved, That the congress of the United States be requested to provide, by law, for the election of governor by the people of the territory.

Resolved, That the only reason heretofore assigned by the governor, for refusing to meet the legislature, having been removed by the appropriation of 24th December last, leaves no other excuse for his singular and unwarrantable conduet, than such as can be found in his determination to prevent all legislation, and sacrifice, for his own private purposes, the welfare of the territory and the interests of the people.

Resolved, That the conduct of Gov. Doty, in again refusing to meet the legislature, after he has been officially informed that an appropriation has been made by congress to defray its expenses, is another evidence of his violation of law, and utter disregard of the duties of his station, and of the wishes and interests of the people.

Resolved, That a copy of the foregoing preamble and resolutions be forwarded to the president of the United States, and to the presiding officers of the senate and house of representatives of congress.

On motion of Mr. Whiton,

The title to said preamble and resolutions was amended by striking out the same, and inserting in lieu thereof, "Preamble and resolutions relative to the present session of the legislative assembly."

Mr. Crocker offered the following preamble and resolution, which were read the first and second time, viz:

WHEREAS, serious doubts are entertained in the minds of certain citizens, whether there can be a session of the legislative assembly without the concurrence of the governor; therefore,

Resolved, (the house concurring,) that entertaining the opinion

we have formerly expressed, that the appropriation of $20,000 made on the 18th day of May last, was intended to defray the expenses of the session of the legislative assembly, convened on the first Monday of December last—yet, inasmuch as the governor has refused to co-operate with the legislature, we deem it advisable to adjourn, to meet on the sixth day of March next.

On motion of Mr. Crocker,

So much of the 29th rule of the council, as requires all joint resolutions to be printed before being considered in committee of the whole, was suspended in reference to the preamble and resolution under consideration.

The council then resolved itself into a committee of the whole, for the consideration of said preamble and resolution;

Mr. Whiton in the chair.

After some time the committee rose, and, by their chairman, reported said preamble and resolution to the council, with amendments, in which they asked the concurrence of the council.

Mr. Whiton moved to amend the same, by striking out from the amendment to the preamble, as reported by the committee of the whole, the word "as," and insert in lieu thereof the word "whereas;" Which was agreed to.

a

Mr. Whiton moved to further amend the preamble, by striking out the words "certain citizens."

Mr. Barber moved to amend the amendment offered by Mr. Whiton, by inserting in lieu of the words "certain citizens" the word "some;"

Which was agreed to.

The question then being on the concurrence of the council with the amendments of the committee as amended, it was decided in the affirmative.

Mr. Whiton offered the following resolution as a substitute for the said preamble and resolution, and moved the adoption of the same, viz:

"Resolved, by the council and house of representatives, that the legislative assembly will now proceed to discharge its duties without regard to any course that has been or may be pursued by the governor."

On which motion, the ayes and noes were called, as follows:

Those who voted in the affirmative, are

Messrs. La Chapelle, Whiton, and Strong, (Pres't)—3.
Those who voted in the negative, are

Messrs. Barber, Crocker, Rountree, and White-4.
So the resolution was rejected.

Mr. Whiton then moved that the preamble and resolution be laid on the table.

And the question being taken thereon, it was determined in the negative-ayes 3, noes 4.

Those who voted in the affirmative, are

Messrs. La Chapelle, Whiton and Strong (Pres't).
Those who voted in the negative, are

Messrs. Barber, Crocker, Rountree and White.

The question then being-"Shall the preamble and resolution be engrossed for a third reading?" it was determined in the affirm

ative.

On motion of Mr. Crocker, it was

Resolved, That the use of this hall be given to the territorial temperance society, for a meeting this evening.

The committee on engrossment, by Mr. La Chapelle, reported "Joint resolution relative to the adjournment of the legislative assembly," as correctly engrossed.

The question then being on the final passage of the same; And the ayes and noes being called for, they were as follows: viz:

Those who voted in the affirmative, are

Messrs. Barber, Crocker, Rountree, and White-4.

Those who voted in the negative, are

Messrs. La Chapelle, Whiton and Strong, (Pres't)-3.

So the preamble and resolution were adopted; and the title of the same was then agreed to.

Mr. Rountree moved that the council do now adjourn until nine o'clock this evening.

Mr. Barber moved to amend by striking out "nine" and inserting "eight;"

Which was disagreed to.

The question recurring on the original motion, it was decided in the affirmative; and