The Telegraph-Courier from Kenosha, Wisconsin • Page 1

7 WISCONSIN DEMOCRAT. PUBLISH 5D WEEKLY BY BERIAH TWO DOLLARS PER DOLLAR FOR HALF A CENTS FOR THREE MONTHS. VOLUME I. MADISON, W. SATURDAY, OCTOBER 10, I84G.

NUMBER 40. CONSTITUTIONAL CONVKNTION. Reported for Ihe Wisconsin Democrat. MONDAY, October 5, 1846. The having a'rived, designated by law for the ossemjiing of the Convention to framo a State i i for the Territory of Wisconsin, Gen.

R. SMITH of Iowa county called i gentlemen who had iisscmbled in the Capitol to order, and slated the object for which they had been Called together. The Socretary of tho Territory appeared i a list of Delegates returned lo him as elected, and on Gen. Smith's calling their names, a quorum of the convention was found present. A temporary organisation was effected by choosing tho follow ng officers: MOSES STRON of Iowa, Prosi- Itnt, pio.

tern. i i a W. Treadw-xy, of Waukesha, Jobo Stirkwcather, of Jefferson, Sor- j'aant-ai-Arms. Henry Hrown, of Mi waukcc, Messenger. William Kirkpatrick, of Grant, Door- heepor.

7'aytr, of Ass't Sec'y. Mr. liAKER moved that rt committee five ba appointed to report and exam- ino the credentials of the delegates. Mr. ELMORE moved that bo ins'ructed to at 3 o'clock.

The PRESIDENT appointed tho fol- i gentlemen as committee: (J. M. Baker of Walworth, E. G. Ryan of Racino, Moses Meeker of Cruscn of Grant, Francis lioubsch- nian of Milwaukee.

On motion adjourned to 3 o'clock, p.m SJSSION. After thn opening, Mr. A. H. SMITH offo -ed tho following jsolution: Resolved, That tho rules of the Coun- 1 of Territory at i i last session adopted as the rules for the Government of this convcntioi, so far as tho BIImo arc applicable, un il are a- i was on the table.

R. SMITH, offer id a resolution this effect. Resolved, That a con mittee of three fcppoinlcd to roport ihe number and description of officers necessary for tho g'wornmcn of i convention. Adopted: Tho PRl-SIDIiNT a i Messrs a Ma Uon J. Y.

Smith. Mr. JM) offered-- Uonlvcd. That a comnnUrc of seven! be appointed to report for tho of the Convention. Adopted.

Messrs. Jjdd, a a M. Strong, W. Smith, Doty, Baird and Elmire woro appointed Tioy woro instructed to report at 10 o'clock, to morrow. The Committee appointed to receive ard oxamins the crciiont als of tho Delegates, reported the i as returned lo the Secretary's oilicc as elected members of i Convention.

Mr. JJA1HD offered tho following reso- lu'ion, which was adopted Resolved, That a mnjoi ity of the whole number of nemburs present shall bo ne- to Iho choice of officers of ConTonlton. Mr. KLM JRli stated lat Iho namo of r.ns of Ins colleagues, Rufus Parks, was no reported by the comiritteo. Tho C11A.

A of tin: committee cx- tho reason a IMr. had fail- eJ to get his certificate i nni tht could not a i a although there was no question of his oction. moved that ho bo allowed his seat. Agreed to. Mr.

AGRY moved tto ollowing rcso- lat on Unsolved, Th.U a cnmu iltce of five bo a i by tho i lo ascertain tho number of a i i-ommittces for i businrss cf tho Convention and to vho same i their and duties. Rejected. Mr. moved that llio i proceed to election of President. A MEM BUR suggested that dellovenca to tho eomn illeo that wcro out on iho number of olh'cors, required a dulay until they had reported.

Motion i drawn. Mr. ELMORH renewed the motion. H. SMITH tho action premature--that they sluuld wait iho action of iho committee.

Vr. RYAN had an objection. Mosi of iho members of tho Convention had for first timo met. He win stranger msny members. Tho convention tthonld pause not pro- cecc with suth party steps.

It wns an important poi it who should presido over tho deliberations of this body. If this icsolution bo adopted wo might be ob- to vote lioforo wo had a chance to acqufcintod so os to determine who is tho most popular person to place 10 tl at station He diil no. wish to seo the old Democratic volatcd. The ulii party, i.ccor Jiag lo cusUjun, toloc- tcd the officers of all legislative bodies. There was i to be gained by discarding this mle; but many reasons why it should be istained.

The interests of the i required time, and that an adjournment vould effect much adopting his motion we abandon an old nnd proper usnge. lie moved to ad- to 10 o'clock lo-morrow. Motion rejected. Mr. JUDD vas in favorof wniting for tho report of i he committee, but was not i i to a i Tho old a i till a can la done to-day was to this convention.

He was not ore of those who wanted any one to chose man for him to veto (or. Ho was i i to proceed immediately to the election The candidates were all Mr. LOVE jL moved to lay tho matter on tho tab! i. Lost. Mr.

UPIIAM from the commit'ee on the number and description of officers of the i i reported the following resolution. Resolved, the Convention elect as officers to g-ivern its proceedings one President of the Convention, one Secretary, ona Assif (ant Secretary, ono Ser- gcant-at-Arms. two door-keepers, two at one Fireman. Mr. moved an "one" before i a of "two." That as there were but two doors the Sergodnt-at- A i one door keeper was sufficient to secure all necessary attendance; and a os a matter of economy i convention should dispense with ail unnecessary officers.

Mr. J. Y. ITH said it was desirable to oncourar 3 a i i of that whenever i a question was to be taken, the any of the member were absent, would bo obliged to go ll rough the streets i be bad found the absentees. The low of the last session of tho Territorial Legislature dul not jprive tho Convention of iho privilcga i such officers as were necessary for the successful prosecution of tho bu before the Convention.

Mr. KELLCKG thought tho law was i i and it provided for all necessary officers. Ho could not do otherwise than abide by it. -The amendment was lost. We PRESIDENT stated a question was on the original motion of Mr.

Elmore. Mr. MARSHALL M. STRONG said a ot tho present timo reform prevailed. a his o.vn experience in '38 and proved to the i the practicability of a regulations.

That from Monday Friday the time was lost in ballotlings. That the caucus system bad been adopted by Congress nnd by tht Now York Convention, and that much timo had been savcrl. Suppose on i final billot if appears a cue democratic candidate receives 40 voles nntl his successful competitor 46, six of which cast bj' wings, the wL.I the party is dofatited. i is a a -f much to the people I he germ of the Wisconsin i i bo laid in democratic measures. We wore chosen on party grounds--chosen to represent i ciples of our pi riy.

Wo abandon thfi principles of pa ly by this procedure. Mr. BAIRD i to see lion of politics -ought i tho tion, lie was representative of the people, and hope.I a politics wouk be discarded at 01 ce. Ho would likf to know if this in democratic caucuses to select officers was carrying out Iho i of 1hs i He was from a dom- county, hi 1 wns proud to say. He measures whether from a i or democrat.

H.I was sorry to a Job doctrines. Ho mailed upon not as tho rcprcsi a i of democracy, old or young, but as the representatives of people, to tiuxt they were to 'brm a i i for whole people He called gen- not to time. Tho majority could not i the few whigs who were if had fu3ds among themselv they should htive been settled befci-o coining hare. lie cared not who the President was if ho was qualified, fai hful and honest. No had been tmed us yet, for that stntion who he did not believe qualified, and to sec in the chair.

RYAN was the first lo i i politics in tho discassion, and he supposed ho must boar I 1 censure of the gun- a from Pr wn. Every memler hero was elected en strict party politics. He, Baird) op resented tho people of Brown on whi; principles. We represent tho pcoptt of Racino on dcrr o- cratic principles. He saw such in animal as a representative who discarded his political prin'iploa undor ooy r- cunistances.

Ha 1 new nothing more a- crevl than his principles. Was not to represent politics in Convent i Was bo no sent to incorporate those politics in the constitution was not satisfied i the election of an man. It was a matter of the fi-s: irr- portance who presided over i i ations of i body. Wo were sent her as democrats and whigs to regulate al preliminary consideraiions as well as frame a constitution. The whigs di not expect to elect a whig they had the power by the visioi that i exist in the democraticrank' to elect who pleased.

Ought have the choice. The democrats hat four candidates, and there were whigs nough to decide who should bo the Prcsi dent. Ha did not mince matters; h( wished tho motion lost for the purpose of going into caucus to allow the demo cratic members to select who should b( elected to this station. He came here tc make a constitution on tho political prin ciples of i and his people. lie had gone so far to test tho gooc old democratic rule should be sustained and he therefore moved to adjourn.

Los 1 --54 to 37. The original motion was then and carried. Tho Convention then proceeded to the election of President, The first resulted as follows, Messrs Giddirgs ol Sheboygan, and Noggle of Rock, ncting astellers: First ballot-Don A. J. 33 a a M.

Strong, 26 Moses M. Strong, 20 Wm. R. Smith, 10 Stoddard Judd, 1 M. M.

Strong. I Blank, Wholo of votes. 93 Necessary to chotco, 47. A motion wns made to adjourn. Lost --yeas 29, nays not counted.

No election a i beun effected, second a was ordered; i resulted us Second Ballot-Don A. TJphrim, 44 Marshall M. Strong, 24 Moses M.Strong, Wm. R. Smith, 2 Moses Meeker, 1 Blank, 2 No choice; nnd tho i proceeded to the Third ballot- Don A J.

Upham, 43 Marshal! Strong, 25 Moses M. Strong, 20 Wm. R. Smith, 1 Moses Meeker, Blank, 2 i a a 40, a 48. A ballot ordered, i ro- as ballot-Don A.

J. a 52 a a Strong, 17 Moses M. 19 Wm. li. i 2 Moses Meeker, 1 Wank, 1 9 2 Mr.

I a i received a ily of votes present, was declared elected President of theConvention. On motion, Messrs. i and A. ITy- alt i were a i comrn.t- tce to conduct iho President to the a i The PRESIDENT, on a i his seat, addressed the Convention as follows: Gentfeme.no/ I fie Convention--It is i deep feeling and i i i a I tender you my a for tho or you iinve conferred in electing me to preside over your deliberations. I is on no i a occasion a we am assembled.

We have before us th" responsi- i i of a i the organic I of the Slate of Wisconsin. Should we approach subject i a and i a i i a disposition lo a i and a fixed i ation to excrl our best energies in frame such a as shall be in i i ciple, n.id at the snme i acceptable to Ihe people. i i a Law i every other scicnncc, is progressive. Trial i iifty years ago was deemed wise, by the best men, is now i age. i i a period, oldest States in the i have repeatedly found it ncccs- sary to change and modify i constitutions.

We have iheir f.rrors a i experience before us. and it is our lo profit by them. The greatest good to the greatest number, should be the object in all local legislation, and as has been said by the great statesman of age, blessingsof like the dews of Hcaven.should be dispensed ali-ce to the rich find poor." But i cannot bo secured, if Legislatures are permittsd to a exclusive privileges by inecr- porated moneyed institutions, lessening the risks of the capitalist, and increasing his means of accumulating wealth which must come directly or indirectly from the labor and industry of ths country On most of the important principlas nnd provisions lobe incorporated in the Constitution of Wisconsin, I presume a large majority of this Convention are united in feeling and opinion, and it is in harmonizing and arranging the details fur carrying out these principles, that we a be called upon to exercise the greatest patience and forbearance. Gentlemen--It is some years since I have had any experience in the rules and a i a a govern legislative bodies. In this respect, I feel that I shall not do ynu justice as your presiding officer, and it is only by relying on the assistance of friends who more recently and longer filled seats in our legislative halls, and also upon your kind indulgence, that I can expect to succeed, in performing the duties you have imposed upon me.

That 1 shall often err, is certain, for that is humankind this pledge only can I give you, that my errors will be those of judgment, and not of feeling nnd intention in arriving at correct decisions, and for these I shall ask and confidently expect on your part a liberal and i indulgence. ELMORE moved an adjournment. i a that Mr. JUDD might enquire who were the committee on Rules. He wished to meet the 9 o'clock to-morrow morning, lie did not like to work at i Thought ho could accomplish enough in the day timo.

The motion to adjourn i 10 o'clock to-morrow wasre- ncxvcd and curried. TUESDAY, October 6, 1G46. MORNING SESSION. At 10 o'clock Convention assembled, tho President in tho chair. Tha a of yoaterday was corrected in several i a particulars by Messrs.

Marshall M. Strong, Agry, Ryan and Dennis. PUBLIC PRINTING. M.GKAY offered tho following reso- I i Resolved, That a committee of three be appointed with power to receive nrop ositions, and contract i the lowest and best bidder, to do the incidental i ting; and also for i i the a of the Convevition; good and sufficient sec i being required for the faithful performance thereof. The reasons for this a of proc i the i i of the Convention were evident on tho (ace.

It was the most expeditious and practicable, and should be in practice. Other legislative jodirs have adopted this method, and he thought much time and expense would je snved thereby. Mr. DENNIS suggested the laying a- iide of tho resolution i afier the elec- ion of tho officers of the Convention. Mr.

A was not a i a as to i but the subject of i i up for consideration he should ad- icrc to his resolution; and moved to lay on the table. OFFICERS OF CONVENTION. The i then proceeded to fill he a i of i offices, Messrs. )cnnis and Marshall M. Strong acting as i on ballot for esulicd as follows: jaFnyette Kellogg.

48 Vm. Trendway, 41 Hiram Taylor, I 2 LaFayette Kellogg wai declared elected, a i received a majority of i votes of the members present. A motion was made a the romnin- c. jr of the oflicers be elected by acclama- on. Agreed to.

Tho remainder of the offices woro fill- 1 as follows: Starkweolher Sergrant-at-Arms. Elijah HayeSjWmKirkpatrick, Doork jppcrs. II. Brown, II. Starks, Messengers.

K. I Fireman. Mr. BAKER offered the following res- i Rosolvod, That the secretaries be dir ctcci to i i the resident clergynmn 0 Madison to attend alternately and op the Convention with prayer. Agreed Wm.

SMITH offered the following i a stated that in order a it be understood, moved, that it lie 01 the table, and that it be printed: Resolved, that tho following select ccmmittees, to consist of seven members be raised for the purpose of having si bmitted to them respectively the sever il following subjects for the considera- of tho Convention: 1. Tha subject of legislation. 2. The subject of the Judiciary. 9.

The subject of the Executive Depa "tmpnt. 1. The lubjoct of elections and suf- fn go. 3. The subject of a bill of rights.

3. The subject or corporations and pr vileces. J. The of official appointment I tenure. 3.

The subject of learning, education 1 science. r. The subject of the militia. 10. The subject of currency and finances.

11. The of highways by land nnd water, and the eminent domain of the State. The subject of internal improvements. 13. The subject of constitutional a- mendtnents.

PUHLIC PRINTING. B. SMITH moved to proceed to Iho election of i MARSHA STRONG moved to lay the motion on the table. Carried. Mr.

GRAY called up his motion, Agreed to. Mr. RYA1V moved to strike out "and also the journal of ihe Convention." Mr. DENNIS thought that if nny part of the i i was given out by contract il should bo Ihe journal. The incidental printing was but a trifle, whereas the journal wns trie big bill.

Mr. GRAl moved that the resolution lie on the lable i to-morrow at 10 o'clock. Agreed to. ADJOURNMENT OF CONVENTION. MOSES STRONG said he had a resolution relating to tho time the Convention should be in session.

A long session was unnecessary, useless, and wasteful of time and money. The people expected i short session; he therefore, tit this c-arly day, offered lha following: Resolved, That this Convention will adjourn on Monday, the 26th day of Ocl. inst. Mr. PARSONS offered the following resolution Resolved, That the mombori of Convention in offering written resolutions should a a i names and the county they represent.

Mr JUDD, on being called upon, stated that tho committee of which ho was chairman (the committee on rules) had not completed i labors. Adjourned a 3 o'clock, W. AFT iUNOOH SRSS10S. Convention called to order at 3 o'clock Mr. STEELE offered the following resolution Resolved, That the resolution offered by the gentlerian from Iowa for the app i i of a i committees be a up from table nnd referred to a select committeool" lirtcen, to be appointed by the Ptesidentct Iho Convention to report upon same, nnd lo suggest and rnahe such i i a i or additions in the ber and duties jf the standing committees as to them sh.jll seem proper, and that they be instructed to report to-morrow i i i a after the opening of the Convcn ion.

Mr. AGRY moved to lay it on Iho table. Carried. RULES OF THE CONVENTION. Mr.

from the committee on Rules reportec a series of rules, which after considerable discussion, alteration, and a were adopted as follows: The Committee a i to report Rules and a i for of the proceedings of this Con- i )ect report tho following RULES 1st. The I resident shall tnke the Chair at the lo i tho Convention shall have adjourned-, shall imme- i a call the 'members to order; and on the appearance of a quorum, shall cause a of the preceding day to be read and corrected. 2d. The President shall preserve or dor and decorum and decide questions of order subject to an appeal to tion. Ho shall have the i to narno any member to perform tho duties of Ihe a i but such i i shall nol ox- tend beyond an a He sliill also appoint all unless otherwise directed by the i 3d.

The Prr-sidont shall be required to vote on all questions, nnd on a i the ayes and n'es, i namo shall bo colled in alpht helical order, as Mr. President. 4th. After a has been read and corrected, I order i i shall be as follows, 1. The presentation of petitions.

2. The Reports of Committees. 3. Resolutions. Provided, Tint no resolution shall be acted upon on i same day upon which it is presented.

4. Unfinishet business of the preceding day. Slh. The rulos observed in Convention shall goveri as far as practicable, ihe proceedings in Committee of tho Who'e; except tl at a member may oftener than twire on the tame subject, and that call for the yens and nays, or for the previous question, cannot be made. Amendments n.ade in the Committee of the Whole shall be entered on a sepa rats piece of paf er, and so reported to the Convention bf the Chairman, Blanding in bis place; which amendments shall not be read by ihe President, unless required by one or more of tbt members.

Gib. i question shall always be in oider in Contention, if tec- ondod by a nujority, and until it is decided all amendrivnts and ihall be precluded. Tlie question shall be put in I Ins form: the main question be now put And prior to (he main qttes tion being a call of the convention shall bo in order. All incidental questions of order arising after a motion it made for the previous question, and pending such motion, shall decided who ther on appeal or otherwise, without debate. 7th.

A motion to arijnurn shall always bo in order, and shah be decided i debate. 8th. No member shall speak more than twice to tle tamo question i Icart), nor more than onco until other member rising to speak shall have spoken. 9th. When a motion or question has been once put decided in the affirmative or negative, it be in otdnr for any member who voted in the majority, or when tlie Convention a divided, for a i tembor who voted in tlu negmive, to mtivo for a reconiidortlion roof on the a ime the succeeding day; and when the motion to reconsider not made on the same or succeeding day, leatt two days no of intention to make such mo shall ba civso.

10th. a question is under bale, no motion shall bo received, uoUss to adjourn.to on ths the previous question, to postpone to day certain, to commit-to amend, to postpone indefinitely, and these several shall have precedence in tho order in which they stand arranged. A motion to postpone to a day certain, to commil.to amend, or to postpone indofinitsly, being decided, shall ot bo again allowed on the tame day.sud at tho same stage of the proposition. i Whenever any member is csll- cd to ortlor, ho shall sit down tioiil it is determined whether ho is in order or not; and after such dotermiastinn ho bo permitted to proceed in order. 12ib.

Tho ayes and noes may be ed upon any qlestion al tho request of any fifiecn the Contention. I3th. Fiftcei or one-fifth of the members present make a call of the Con ventionanii require absent member to bo sent for; but a cull of tho Convection csn- not bo made afie Ihe voting has commenced; and the call of the Convention being the absentees doors a bo closed and no member permitted to leave the roo i the report of the sergeant at-arm: be received sad acloJ upon, or further proceedings in tho cat! be suspended. 14ih. A member may call for a division of the Convention upon any question, either before or ttfter a decision by tho President.

15th. Thn si i i for the daily meeting of the Convention shnlt tun o'clock in tho morning, until tbo Convention otherwisj direct. I The tins of parliamentary practice compristd in Jefferson's Manual, shall govern the Convention in all cases to which they are applicable, and in which they are nol inconsistent with those rules and I ie order of Convention. 17th. Noslaidlnft rules or ordor of tho Convention a be chin god or rescinded, without ie day's previous r.oliM being given of motion therefor.

Nor they be altered, changed, rescinded or suspended, unless upon tha vnte ci two thirds of (he members present. MOSES M. STRONG offered i rono'ulion which was adopted: Resolved, Tha 200 copies of the rulo-- ndopfed for the government of the Convention, bo i in pamphlet gnihcr with a list of the standing corn ittittoes, the i of the members of ttv. if er i their and boarding plai cs. The resolution offered by Mr.

Sio; (it the commence ncnt of tho Kcsninn was culled up and adopted. chair appointed following gentlemen AS such committee Messrs. A. a Smith, Graham, B. MJ8trong.Phelj»- Bevsnn, Prentice nnd Ryan.

Mr. CHASE offered tha following rrt olutinn, which uncsr the rjlss lits i lo morrow: Resolved. That each member of Convention ba furnuhed with 40 any newspaper published in Madison during iho session of tha Convention. On motion, adjourned till io-morrow Oct. 7.

SKSSIOK. Rev. Mr. MINOR opened ihe Con ten tion with prayer. Mr.

CRAWFORD presented etc dcntials of Hyer. Mr. RAKERthorc of Mr. Inman. Mr.

N. F. offered ihe following resolution ta..