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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, Foot, 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 honorable 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 "progres sion" which has dictated such action, and desirous that the "true demo cratical 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 honorable 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 honorable 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:

First. 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 circum. stances or dictates of avarice and need not bid unless they choose.

Second. It will open all the public offices to the competition of every individual and thus practically exemplify the theory of our republican 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."

Third. 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 inappropriately be taken into account.

Fourth. 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.

Fifth. 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 honorable 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 honorable 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 honorable 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. COFFIN BERRY

The secretary proceeded to read the memorial, and when he had nearly completed a paragraph, Mr. Reed moved that it be laid on the table and the further reading dispensed with.

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 discourteous 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 proceed

ings, and he did not think the convention should sit there and allow themselves 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 necessary. Mr. Judd inquired if his motion to reject was not in order. The President said that if seconded, it was.

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 in respectful language he could not see the slightest reason for the arbitrary and unjust motion to reject.

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 [affirmative 47, negative 20; for the vote see Appendix I, roll call 9].

Mr. Lovell, from the committee on executive, legislative, and administra. tive provisions, made the following report, to wit:

"The committee on the executive, legislative, and administrative provi. sions 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

EXECUTIVE

"Section 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.

"Section 2. No person except a citizen of the United States and a quali fied elector of this state shall be eligible to the office of governor or lieutenant governor.

"Section 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 gover nor 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 gov. ernor and lieutenant governor shall be made in such manner as shall be prescribed by law.

"Section 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.

"Section 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 $1,500.

"Section 6. The governor shall have the power to grant reprieves, commutations, and pardons, after conviction, for all offenses 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 applying for pardons. Upon conviction for treason he shall have the power to suspend the execution of the sentence until the case shall be reported to the legislature at its next meeting, when the legislature shall either pardon or commute the sentence, direct the execution of the sentence, or grant a further reprieve. He shall annually communicate to the legislature each case of reprieve, commutation, or pardon granted, stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the commutation, pardon, or reprieve, with his reasons for granting the same.

"Section 7. In case of the impeachment of the governor, or his removal from office, death, inability from mental or physical disease, resignation, or absence from the state, the powers and duties of the office shall devolve upon the lieutenant governor for the residue of the term or until the governor, absent or impeached, shall have returned or the disability shall cease. But when the governor shall with the consent of the legislature be out of the state in

time of war, at the head of the military force thereof, he shall continue commander-in-chief of the military force of the state.

"Section 8. The lieutenant governor shall be president of the senate but shall have only a casting vote therein. If during a vacancy of the office of governor the lieutenant governor shall be impeached, displaced, resign, die, or from mental or physical disease become incapable of performing the duties of his office, or be absent from the state, the secretary of state shall act as governor until the vacancy shall be filled or the inability shall cease.

"Section 9. The lieutenant governor shall receive double the per diem allowance of members of the senate for every day's attendance as president of the senate and the same mileage as shall be allowed to members of the legislature.

"Section 10. Every bill which shall have passed the legislature shall before it becomes a law be presented to the governor; if he approve, he shall sign it; but if not, he shall return it with his objections to that house in which it shall have originated, who shall enter the objections at large upon their journal and proceed to reconsider it. If after such reconsideration twothirds of the members present shall agree to pass the bill, it shall be sent together with the objections to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of the members present it shall become a law; but in all cases the votes of both houses shall be determined by yeas and nays; and the names of the members voting for or against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the governor within three days (Sundays excepted) after it shall have been presented to him, the same shall be a law unless the legislature shall by their adjournment prevent its return; in which case it shall not be a law."

The said article was then read the first and second times, and on motion of Mr. Lovell was ordered to be printed.

Mr. Lewis introduced the following resolution, which was read, to wit: "Resolved, That every man shall have the right to petition the legislature for the redress of grievances in an orderly manner."

Mr. Case introduced the following resolution, which was read, to wit: “Resolved, That the committee on general provisions be instructed to inquire into the propriety and expediency of making the secretary of state ex officio superintendent of public instruction."

Mr. King introduced the following resolution, which was read, to wit: "Resolved, That the committee on general provisions be instructed to inquire into the expediency of incorporating into the bill of rights an article prohibiting all magistrates or other officers holding office by virtue of any law of this state from issuing any process or rendering any official assistance for the arrest or imprisonment of any person claimed as a fugitive from slavery."

Mr. Richardson introduced the following resolution, which was read, to wit: "Resolved, That the committee on education and school funds be instructed to inquire into the expediency of incorporating a clause into the constitution, making it imperative on the legislature to provide the necessary

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