torneys, in open court, shall request the judge to make and give a charge in his own way."

Mr. GIFFORD introduced the following resolution, which was read, to wit:

"Resolved, That the legislature shall have no power to create, authorize, or incorporate, in any manner or form, any bank, or other institution or corporation having any banking power or privilege whatever, until the question, Bank or No Bank,' shall be submitted to the legal voters of this territory; and if said legal voters shall decide in favor of banking, then the legislature shall have power to make a general banking law, under the following restrictions, to wit:

"The legislature shall provide by law for the registry of all bills or other evidences of debt put in circulation as money, and shall receive ample security for the same in public stock or real estate; and no suspension of specie payment shall ever be allowed by any bank.

"The legislature shall provide commissioners to examine all banks or other institutions that may be created under said general banking law once every three months, and report the same to the register.

The legislature shall provide by law that all the property, both personal and real, belonging to any stockholder, shall be liable to the full extent of all the bills issued by the bank in which he is a stockholder."

The communication from the secretary of the territory was taken up, when

Mr. GALE moved that the same be printed;

Which was agreed to.

Mr. KILBOURN moved that

No. 2, Resolution relative to the Judiciary,"

66

No. 3, Resolution relative to the Legislature," and

No. 4, "Resolution relative to Banks and Banking,"

Be taken up;

Which was agreed to.

And a division having been called for,

There were 28 in the affirmative, and 15 in the negative. The convention then resolved itself into committee of the whole for the consideration of said resolutions,

Mr. LOVELL in the chair;

And after some time spent therein, the committee rose and by their chairman reported progress thereon, and asked leave to sit again;

Leave was granted.

On motion of Mr. FENTON,
The convention adjourned.

TUESDAY, December, 21, 1847.

Prayer by the Rev. Mr RAYMOND.

The Journal of yesterday was read.

The PRESIDENT announced the appointment of the following additional standing committees, to wit:

On Incidental Expenses-Messrs. FOWLER, CASE, SECOR, NICHOLS, and HOLLENBECK.

On Engrossment-Messrs. RICHARDSON, KINNE, LARKIN, FOOTE, and PENTONY.

Mr. KING presented the following petition from the employed Printers of Madison, in relation to giving public offices to the lowest bidder.

To the Constitutional Convention

of the Territory of Wisconsin:

The undersigned, employed printers of the village of Madison, being informed of the action of your Hon. body in letting out to the lowest bidder the printing which may be within your control, and noticing a proposition now pending, to place in the constitution a clause which shall make a similar disposition of all future printing, and properly appreciating the enlightened "progression," which has dictated such action, and desirous that the "true democratical principle" thus applied to them should be extended to others, respectfully petition that an additional clause be inserted in the constitution now in progress of formation by your Hon. body letting out to the lowest bidder all the offices under the new state government, of whatever nature or kind, and all services of whatever description or character.

Without arguing the unfairness of bringing the interests of labor alone under the retrenching knife, (and which is doubtless foreign to the intention of any member of your Hon. body,) your memorialists ask leave to submit some considerations in favor of an unlimited application of the "great principle" involved in the act under review:

1st. It would reduce in a very material degree all the apparent expenses of government, and as cheapness seems to be the sole object, nothing else can so effectually accomplish this end. There are doubtless men in every profession whose wants require employment at any price, and no good reason exists why the state should not avail itself of the necessities of its subjects to secure the great desideratum of economy. Should, however, this mode of employing public servants degenerate into parsimony, of course the state is in no wise responsible. Men are free agents, and should all be above the force of circumstances, or dictates of avarice, and need not bid unless they choose.

2d. It will open all the public offices to the competition of every individual, and thus practically exemplify the theory of our republi can government, of equal rights and equal privileges. It may be true that the state would not always obtain the requisite capacity and qualifications; but this your memorialists deem a secondary consideration in pursuit, of the " great principle."

3d. It will free the whole government, in all its departments, from the baneful influence of party and party organization, and the minor questions of, Free Trade, Tariff, Banks, Corporations, or Exclusive Privileges, will be absorbed in the weightier matter of cheap work! The fact, too, that the many unpleasant references to past history, or character, which now disturb our political contests, would be entirely obviated, may not be inappropriately taken

into account.

4th. In this general breaking up of all party organization it would prevent the incessant struggles for places of good profit and small services; and should it result in allowing politicians to dodge responsibility and avoid the enmity of disappointed applicants, and thereby retain their good will, for the subsequent advancement of selfish projects, your memorialists entertain the hope that such an effect will not be deemed its least recommendation to favor.

5th. It will not only lessen the expenses of the government, but diminish those of the people, particularly in the matter of legal fees, and legal services. There is no propriety in paying high prices for justice when it may be procured for a less cost from those whom necessity or competition may compel to labor for less than statute

rates.

These are some of the considerations of a general character which have induced your memorialists to prefer their petition. They cannot believe that your Hon. body will leave itself in the position to be charged with a willingness to sacrifice the mechanic, whose influence may be supposed unworthy of regard, while it leaves untouched the high salaries and large perquisites of political and legal station, from a supposed well-timed heed to future assistance in time of need. Neither do they believe your Hon. body are unwilling to apply to themselves the rule prescribed for others.

Personally, your memorialists wish the adoption of their petition from an apprehension that the action already had and contemplated, is to lessen their means of daily living, which are already scant enough; and actuated by the hope that other sources of present employment will be opened to them, they further ask that if in the power of your Hon. body the offices now attached to it be declared vacant, and then let out to the lowest bidder, for which we pledge ourselves to make offers at far less rates than are likely otherwise to be paid.

MADISON, December 21, 1847.

CHARLES HOLT,

W. F. CHANEY,

LAWRENCE BARROWS,
D. THOMAS DICKSON,

GEORGE THOMPSON,
DANIEL MALLO,

W. G. CONICK,

CHARLES T. WAKELEY,
R. A. BIRD,

C. B. SMITH,

C. C. COFFINBERRY,

The secretary proceeded to read the memorial, and having nearly completed a paragraph,

Mr. REED moved that it be laid on the table, and the further reading dispensed with.

1847.]

41.

Mr. KING said he really hoped the motion would not prevail. The right of petition was guaranteed to all; and, certainly, members could form no opinion of the objects of the petition, or the desire of the petitioners, unless they heard it read. If they then deemed it uncourteous or improper, it was their province to dispose of it in such manner as was most agreeable to them. But the motion pending he regarded as a very summary method of proceeding, and not warranted by the circumstances.

Mr. JUDD moved as a substitute for the motion, that the petition. be rejected.

Mr. FEATHERSTONHAUGH hoped the substitute would prevail. The petition was evidently intended to cast ridicule on their proceedings, and he did not think the convention should set there and allow itself to be insulted.

Mr. GALE moved, as an amendment, that the petition be referred back to the petitioners.

The PRESIDENT said the question then pending was to lay the petition on the table and to dispense with the further reading. Mr. GALE hoped the motion to refer back would prevail.

Mr. BEALL inquired if the petition would go upon the journal. The PRESIDENT remarked that it was not customary to enter petitions on the journal. The secretary was required to make a minute that such a petition had been received, and what disposition was made of it. He presumed that no further notice was

sarv.

Mr. JUDD inquired if his motion to reject was not in order.
The PRESIDENT said, that if seconded, it was.

neces

Mr. GIFFORD desired to know on what ground petitions were to be rejected from this body, without even a hearing. If this one was offensive, then it was proper that it should be laid upon the table; but how could members know whether it was or was not, if they knew nothing of its contents. He protested most solemnly against so gross an outrage on the right of petition. Every man had a right to be heard even in this august body, and so long as the request was preferred is respectful language, he could not see the slightest reason for the arbitrary and unjust motion to ject.

The full reading of the petition having been called for,

The PRESIDENT directed the secretary to read the balance, which was done.

And the question having been put on the motion to reject,
It was decided in the affirmative.

And the ayes and noes having been called for and ordered,
Those who voted in the affirmative, were

Messrs. Beall, Biggs, Brownell, Carter, Castleman, A. G. Cole, Colley, Cotton, Crandall, Davenport, Doran, Featherstonhaugh, Fenton, Fitzgerald, Folts, Foote, Fowler, Gale, Harvey, Hollenbeck, Jones, Judd, Kennedy, Kilbourn, Kinne, Lakin, Larrabee, Latham, Lovell, Lyman, McClellan, McDowell, Mulford, Nichols, O'Connor, Prentiss, Ramsey, Reed, Root, Scheffler, Secor, Steadman, Turner, Vanderpool, Ward, Whiton, and Warden,-47.

Those who voted in the negative, were

Messrs. Case, Chase, O. Cole, Dunn, Estabrook, Fagan, Fox, Gifford, Jackson, King, Larkin, Lewis, Pentony, Mr. President, Reymert, Richardson, Rountree, Sanders, Scagel, and Wheeler-20.

6

Mr. LOVE! L, from the committee on executive, legislative, and administrative provisions, made the following report, to wit:

The committee on the executive, legislative, and administrative provisions of the constitution, respectfully submit the accompanying article on "Executive" for the consideration of the convention. F. S. LOVELL, RUFUS KING, D. G. FENTON, HOLLIS LATHAM, STODDARD JUDD, O. COLE,

H. G. TURNER.

ARTICLE.

EXECUTIVE.

Sec. 1. The executive power shall be vested in a governor, who shall hold his office for two years. A lieutenant governor shall be elected at the same time and for the same term.

Sec. 2. No person except a citizen of the United States, and a qualified elector of this state, shall be eligible to the office of governor or lieutenant governor.

Sec. 3. The governor and lieutenant governor shall be elected at the times and places of choosing members of the legislature. The persons respectively having the highest number of votes for governor and lieutenant governor shall be elected, but in case two or more shall have an equal and the highest number of votes for governor or lieutenant governor, the two houses of the legislature, at its next annual session, shall forthwith, by joint ballot, choose one of the persons so having an equal and the highest number of votes, for governor or lieutenant governor. The returns of election for governor and lieutenant governor shall be made in such manner as shall be prescribed by law.

Sec. 4. The governor shall be commander-in-chief of the military and naval forces of the state. He shall have the power to convene the legislature on extraordinary occasions. He shall communicate, by message, to the legislature at every session, the condition of the state, and recommend such matters to them for their consideration as he shall judge expedient. He shall transact all necessary business with the officers of the government, civil and military. He shall expedite all such measures as may be resolved upon by the legislature, and shall take care that the laws are faithfully executed.

Sec. 5. The governor shall reside at the seat of government during his continuance in office, and receive, as a compensation for his services, annually, the sum of one thousand five hundred dollars.

Sec. 6. The governor shall have the power to grant reprieves, commutations, and pardon, after conviction, for all offences, except treason and impeachment, upon such conditions and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law, relative to the manner of