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did not consider it as coming within the legitimate scope and object of the first question submitted to them, and the time allowed the committee and the circumstances under which this investigation has been instituted, did not seem to demand or permit so extensive a scrutiny.

The committee will therefore confine themselves to a very brief statement of the principal and most efficient causes which have prevented the completion of the capitol; and these causes, so far as the committee have been enabled to ascertain, are the following :

The' contractor complains that he was not furnished by the former commissioner with suitable drafts and plans for the work, from time to time, as they were needed during the progress of the work, and consequently was often delayed, during the summer and fall of the year 1841; that he was frequently required to make alterations in the work already done, and to perform other work than was specified in his contract. But the proclamation of Gov. Doty, of September 4th, 1841, declaring Jas. Morrison treasurer of the territory, and in effect repudiating the bonds issued by the former treasurer, R. L. Ream, and the consequent depreciation of those bonds, are the principal causes to which the contractor attributes his failure in finishing the capitol at the time limited in his contract.

The meeting of the legislature at Madison in December, 1841, prevented further progress in the work during that winter. The refusal of governor Doty to approve the only measures proposed by the legislature, at that session, for finishing the building, viz : The bill entitled “ an act in relation to certain moneys in the territorial treasury," and the bill entitled “ an act in addition to an act to provide for the completion of the capitol, at Madison" the governor's declaration in his veto message on those bills, that the bonds paid to Baxter had been issued by R. L. Ream without authority—the refusal of James Morrison to apply any part of the moneys in his hands to the redemption of said bonds—aud the subsequent base and unmanly efforts of certain individuals in Madison to arrest the further progress of the work by a variety of infamous expedients and annoyances have proved, by the event, to have been the most prominent among the many fatal and in.

1984 77

surmountable obstacles which have thus far prevented, and, per-
haps, forever will prevent, the completion of this capitol.
: With regard to the second proposition submitted to this com-
mittee for investigation, viz : “ whether the said Baxter has been
overpaid for the amount of work done,” as well as the third prop-
osition, namely : “what amount of indebtedness there is on the
part of the territory in relation to said bonds," the committee
submit the following estimates :
The amount due Baxter from territory, had Baxter

finished capitol according to contract, with inter-
est due on that sum,

·$7000 00 The amount paid Baxter in territorial bonds, beari ing 7 per cent. interest and due 1st April, 1843, 6000 00 The amount of extra compensation for extra work

claimed to have been done on capitol, The amount for extra work, clearly proved to be . such, admitted by commissioner and allowed by committee,

337 70 The amount for work remaining to be done on cap

itol, according to estimate of comm’r. Smith, 1631 00 Whole amount for work to be done on capitol at

time contract was let to Baxter, according to an estimate said to have been made by committee of legislature, . .

6769 76 The fourth proposition referred to this committee for investigation, is the following : “what measures (if any) are necessary to be taken for the completion of the capitol ?" The amount of money necessary to finish the capitol in the style in which such building ought to be finished, may be, perhaps, estimated at ten thousand dollars, over and above what it has already cost. The first, and most important steps to be taken, would be the taking off the old roof and putting on a new one that will keep out the rain and protect the plastering within. But the committee are decidedly opposed to taking any measures to complete the capitol, so long as James D. Doty is governor, and James Morrison is suffered, with impunity, and in defiance of law, to retain in his hands the money belonging to the territory,

The last proposition referred to this committee is the follow

ing : “ what provision can be made by the assembly for the redemption of said bonds ?" There are four methods which have suggested themselves to the committee, by which provision might be made for the redemption of those bonds.

1st. To apply to the redemption of those bonds, as far as it will go, the money due the territory under the act of congress which provides for the distribution of the proceeds of sales of the public lands among the states and territories.

2d. To appeal to congress for a new appropriation of money sufficient to redeem those bonds.

3d. To apply the money now in the hands of Morrison to redeem said bonds.

4th. To raise the per centum drawn into the territorial treasury from the amounts collected into the several county treasuries.

The first expedient ought, for the sake of principle, never to be resorted to, even if we run the risk of never having a capitolthe second is hopeless—the third cannot be adopted without commencing a suit against Morrison—and the last, if resorted to, will impose an onerous burden upon the territory.

The committee have been required to report, by bill or otherwise ; but as there appeared to be great anxiety on the part of Baxter to have this matter brought to a speedy termination, and some solicitude on the part of members of the legislature to have some early action upon these subjects, your committee have been unable to mature any plan or agree upon any bill or resolution for the immediate action of the legislature. They would, however, submit the following propositions to the legislature for its consid: eration :

1st. To abandon, forever, the purpose of ever having, building, or finishing a capitol at Madison.

2d. To change the place of meeting of the legislature to Prairie du Chien, Green Bay, or Milwaukee, or wherever buildings and accommodations might be had free of expense to the territory.

3d. To settle, on as reasonable terms as possible, with Baxter, and dissolve by mutual consent, and cancel the contract for finish

ing the capitol. : 4th. To raise a revenue from the several counties which will be

sufficient, in a short time, !o redeem the bonds, and abolish the office of attorney general as a useless burden to the territory, and apply the salary appertaining to that office to the liquidation of said bonds.

5th. To authorise the superintendent of territorial property to commence suit forthwith against James Morrison, to recover the money now in his hands belonging to the territory

All of which is most respectfully submitted, with the accompanying documents.


[SEE JOURNAL, Page 205.]

Of the Committee on Territorial Affairs.

The committee on territorial affairs, to which was referred the communication of the governor, containing a copy of the estimates by him submitted to the treasury department, for the support of government in Wisconsin,for the half year ending the 30th June, 1843, and for the fiscal year ending 30th June, 1844, respectfully report:

That by the resolution of the council they were instructed to report the amount of the estimated expenses of the legislative assembly, submitted by the governor for the above periods; whether said estimates are correct--if not, what measures should be adopted by the legislative assembly lo present a proper estimate of its expenses to the treasury department, together with such other measures appertaining to the subject submitted to them, as they might deem proper.

The communication of the governor, and a copy of the estimates by him submitted to the treasury department, are here with returned as a part of this report. These estimates include not only the proper estimated expenses of the legislative assembly, . but also of the salaries of the governor, judges, secretary, &c.The latter estimates do not come within the scope of the subject referred to the committee. The first estimates are for the balf fiscal year ending 30th June, 1843, and amount to the sum of $19,275; the second are for the fiscal year ending 30th June, 1844, and amount to $17,275. The items of these estimates will be found in the communication of the governor, hereunto annexed, which will furnish an answer to the first inquiry submitted to the committee.

The second inquiry is, are these estimates correct? By which the committee suppose is meant, not only whether they are sufficient to defray the necessary expenses of the legislative assembly, but whether the data assumed by the governor in those estitimates are true and correct. The committee are clearly of the opinion, that these estimates are not sufficient for a session of 75 days, and would not cover the necessary and actual expenses of the legislative assembly for that period. They submit herewith, an estimate, carefully prepared, to which they would refer the council, and which they believe is as low as the expenses of the legislative assembly, for a session of seventy-five days, should be estimated. It will be seen by reference to the communication of the governor, that he estimates for pay of members, seventy-five days each, at three dollars per day, $6,750. It is well known to his excellency that the legislative assembly consists of thirty-nine members. The pay of a member, for a period of seventy-five days, is two hundred and twenty-five dollars, which multiplied by thirty-nine, will make the sum of $8,775; showing a difference between the estimate of the governor, and the actual pay of members as allowed by law, of $2,025, The mileage of thirty-nine members he estimates at four hundred dollars! The act of congress allows three dollars for every twenty miles, travel, going and rewrning from the sessions of the legislative assembly. The

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