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tracts and part tracts of canal lands which would otherwise have become forfeited 10 the holders of tax certificates under the statutes for the tax of 1810.
These lands, under the 14th section of the 33d act of the laws of 1840–41, became forfeited to the territory, as they would have been to the holders of tax certificates, if unredeemed.
Of the lands sold previous to the year 1842, there remains in the land office 31 patents, for which the requisite bond and mortgage liave not been executed by the purchasers.
And by an act approved Feb. 19, 1841, six months from its passage is allowed to file said bond and mortgage, in default whereof the purchaser, his representatives or assigns, shall forfeit all right, legal or cqnitable, to such lands.
The undersigncd have no hesitation in recommending the repeal of his law, for the reason that it is retrospective in its operation and cannot be sustained.
These lands were purchased under the act of 1838-'39, in which there was no time limited for the filing of the purchaser's bond, &c. But there is in the 12ih section of said law, provision made for the foreclosure of mortgages in default of payment of instalments or interest moneys; and the undersigned are of the opinion that this is the only manner in which the purchaser can be legally divested of his right in said lands by the Territory, except in case of forfeiture for unpaid laxes, before alluded to.
The undersigned would respectfully suggest the propriety of exiending the time of forfeiture for the tax of 1840 of lands redeemed for the territory, an additional year; for the reason that many of the patentees had bought up the tax lien under the impression that it was equivalent to a redeniption, or payment of taxes ; and but one case has come to their knowledge of an intention to hold the same adverse to the right of the territory.
The account with the receiver for receipts and disbursements stands as follows, to wit:
Dr. 1842, June 26, To postages from Madison,
$0 50 6 July, “ cash advanced J. E. Arnold, Esq., counsel fees, . .
To cash paid on redemptions from tax
sale of 1840, of 19 tracts of canal
Supra, 1842. Mar, 1, By cash rec'd of J. H. Tweedy, lato
receiver, - - - - 6 Aug. 4, By cash rec'd of Jno. Williams, at land
sale, - - - - - 66 Dec. 21, By cash on loan note of J. H. assignee, 1843. Mar. 18, « balance of account due receiver,
2000 153 11
$173 61 They submit the following estimate of liabilities as chargeable to the canal fund, for the discharge of which some provision should be made, to wit : T. L. Ogden, services as ter. engineer, appointed by the
legislature in 1841-42, . . . . . $300 00 F. C. Pomeroy, transcribing from tract book secretly,
to avoid service of replevin, - ... - 500 J. E. Arnold, attending before sup. court and counsel for commissioners, :
- 105 00 E. V. Whiton, assisting in above, - . . . 50 00 J. A. Noonan, for printing, ... - - 1565 J. Hathaway, office rent, fuel, stationery, &c. &c., . 5000 Register and Receiver's salary for past year, in place
offees allowed by law, which would be only 60 cents, 200 00 Payment of loan note for redemption of lands, • 153 11 Interest on same, say six months, - - - - 918
To the foregoing may be added the amount which will be required to redeem canal lands, mortgaged to the territory, for the years 1841-2.
Your commissioners will venture to suggest the several methods of raising a fund to meet the above, together with objections to the same, which have occurred to them.
First. By re-offering the lands proclaimed for sale in March last, for which no bids were made.
Second. By offering the twenty-two tracts which have been applied for within the past year.
Third. By calling in three months interest on all sales previous to the last, which is fully realized, (which it is nou probable would be the case) would amount to the sum of two thousand one hundred and eight dollars.
Either of the first methods are liable and likely to be defeated by the settlers declining to bid, as heretofore, until the policy of the territory regarding the canal lands and the canal project becomes settled and permanent. To the last method exists the objection that the burthen, though trilling in amount, will be imposed on a majority of the tax-paying setilers, while those occupying the territory's lands, consequently exempt from taxation, bear no part in it.
Under the present system, no sale of canal lands can be had without the co-operation of the cxecutive. Should a sale be deemed expedient, a revision of the laws may be necessary to secure its effect.
A call for interest will have the effect to revest the title of cer. tain patented lands in the territory, which have evidently been abandoned by the purchasers, by incans of foreclosures for default of payment of interest noney.
Your commissioners bave no information to communicate of ficially, respecting the territorial canal bonds, or the progress of construction of the canal; nothing having transpired in connection with either, since their appoininent.
A. W. HATCII, Register,
JOSHUA HATIAWAY, Receiver. · MILWAUKEE, March 18, 1843.
MEMORIAL Of the Council and House of Representatives of the Territory
of Wisconsin to the President of the United States, praying for the removul of James D. Doty from the office of Governor
of said Territory. To his Excellency John TYLER, President of the United States:
Your memorialists beg leave most respectfully to represent: that they find themselves placed in a most extraordinary and embarrassing situation. The members of the council and house of representatives were elected by the people of the territory at a general election, held pursuant to law on the fourth Monday of September last; and on the fifth day of December instant, the day appointed by law for the meeting of the legislature, assembled at the capitol in Madison, to transact the usual business of a legislature. The two houses proceeded to organize, in the usual mode, and then chose a joint committee to wait on his excellency the governor and inform him of our organization, and that we were ready to receive any communication which lie might have to make to us. This committee proceeded to discharge the duty assigned them, and were informed by the governor "that not conceiving the legislature had any right by law to meet at the present time, he had no communication to make to them.” The committee reported this fact to the two houses, and your memorialisis found themselves in the extraordinary position, of two branches of a legislature attempting to hold a session, and the third branch, the governor, refusing his co-operation.
In the opinion of many members of the two houses, the legislative functions of your memorialists are suspended by the refusal of the governor to act with thein, and that no business can be transacted.
Your memorialists need not enlarge upon the embarrassment and confusion which will be created by reason of not holding a session of the legislature at the usual time, nor upon the great increase of executive power which that circumstance will occasion.
If the facts above set forth constituted the only cause of complaint which your memorialists and the people of the territory have against their governor, your memorialisis might not have addressed your excellency on the present occasion, but miglit have borne with whatever of patience they could bring to their aid this abuse of power. But your memorialists represent, that his conduct, both before and since his appointment to the office he now fills, has been such as to destroy, in almost the entire population of the territory, all confidence in him as a man and a public officer.
Your memorialists are informed, ibat numerous charges have been made against bim, which, with the proofs to sustain them, are now in the possession of your excellency.
Your memorialists would most respectfully call your excellency's attention to those charges and proofs, and also to his recent attempt to corrupt the commissioner of public buildings, in order 10 get that officer to dismiss the suits at law now pending against him, to recover large sums of money which he has received on behalf of the territory and refuses to pay, as that fact is set forth in the report of the commissioner here with submitted, and to which we respectfully call the attention of your excellency.
For the reasons above set forth, we respectfully, yet earnestly request your excellency to remove James D. Doty from the office of governor of the territory of Wisconsin.
It is with extreme regret that your memorialists have been forced to the extremity of making this representation and request and we assure your excellency that nuthing short of the belief that our duty requires us to take the course we have adopted, would have induced us to address this memorial to your excellency. We assure your excellency, further, that the removal of the governor is demanded by almost ilie entire population of the territory, and is the only measure which can restore peace and harmony to the people.
And your memorialists, as in duty bound, will ever pray.