Madison Express (Newspaper) - February 27, 1841, Madison, Wisconsin BY WILLIAM W WYMAN The Rights and of Man VOLUME 2 MADISON WISCONSIN FEBRUARY 27 13 IF PAID IN ADVANCE 27 1811 rf us great pleasure to give publicity to the following spirited conditional declaration of the Hoa COLLINS anJ the lion LEVI to ign their scats in the Legislative Council has been said with to this the late of the It lure These gentlemen have been declared as not the interests of i majority of their i the which they were a scorning confidence expressed that reci ive their reward for this of fidelity by a most signal rebuke at the lioi present term of service They now an opportunity to carry intu ef feet their if it in their power of the consequences de- willing to resign and to permit Cie people to fiil scats of choice ty politics may bo provided the members of the House of Representatives from the district will do 110 Let as then ther ail be taken p with the saino magnanimity in which it has and let see whether the which been marie against Me ana Sterling will bear the f.ual tent of tbn at the fall We no of the suit CIRCULAR flo the of louitt County generally and their Members in the Home of specially It having been by a pron i- of Iowa County who is also a of Mr Van that the members of the Council from County were bound to consider themselves in- by result of the late election of is o tbe House of Represents lives to resign their election some contend being conducted upon party furnishes sufficient dence that no Whig elected previous ba considered as representing o the majority in that We replied that there being no ex- pression of dissatisfaction from our in relation to the manner in following hu been to ui for pub n the original testimony taken by Squire an the elimination af the late between Welih and Bracken We believe one of the main in giving to the public at time is to correct a wrong im- upon the public mind baa been oc by tho of tbe in tbe Fin a few sinco We fire it to without other comment than to let the people examine both version and compare them to and judge for themselves Testimony in Cast of United re Charles Bracken UNITED STATES Upon vs CHARLES BRACKEN ji he com- plaint of the Un- der Who the respondent for a broach of the peace committed in his presence An examination of the was had tho 24th day of November 1840 The fallowing were sworn nnd testified as follows Henry Fake Benjamin ford C C Rynerson J N Turner Funk George Beatty Benjamin that he was dow n in Mr sitting there was present Col Welsh and Mr Fretwell I left the room on their coining in and on seeing Mr en gave him notice to be on his I have hoard Welsh say once or wice he would take life the firs time he saw him I was in Morrison's store on the evening of the 24th Nov Mr Bracken and several other gentlemen standing outside Mr Morrison's store I saw Mr Welsh also standing near Col Nichols grocery Mr Bracken got his horse and roda down the hill he returned and went towards the post office or on that road I went into the billiard room and on looking out through the passing I then went out on the porch and saw Mr Bracken near Alford's store dismounting heard him say to Welsh who was proaching Bracken with a stic in his hand don't approach any nearer or I'll put a ball through you Welsh made no reply but put a hand in each pocket and out two pistols Welsh we have performed our duties as i the pistol in his right hind shot Representatives and moreover be- I Bracken and immediately Mr Bracket that election of members of 1 shot at Welsh and hit him when the ball hit him his right arm flew up and dropped the he had discharged Mr Welsh got the pistol from his left hand and ped twice the third time it went off Mr Bracken a few steps back bv the House of Representatives was not n true tha strength of parties in our Van being roughly and no attempt having been at on Iho part of tho Whigs there would seem J which time Welsh had another pis tol from Col Nichols Mi Bracken turned Jo be why wo alone of tha should We gave n pledge that wo would resign at the of the present if our were accompanied by of tht of I House of r how over recently that doubts some als r that pledge vug given in cerity we therefore embrace most ally th thus publicly to the pledge and are prepared to j tender our resignations to the Governor ibe of the Houso of from Iowa county shall and said he would not run any his pistol by the barrel as ho was going to throw it at Welsh when Welsh fired hia third shot Mr Bracken was en- taring Alford's store and seeing his er John desired him to bring another let Mr Bracken fired but they stood about fifteen paces tha first fire Henry I was going dow n street on the evening of the 24th November saw Mr Bracken on his horse knocking at Alford's window On my way down heard some one say that Welsh had been in pursuit of Mr Bracken all day I stopped nearly in front of Barris and on ml have cni it not b ndv i thai c-id tho i mino of one r lO of this looking P street saw Welsh hut by course wu seih stood here in order to caution for it will bd Bracken as back was towards Bracken turned however and Welsh and dismounted and poke to don't know what he Kaid I tho to be out of wny and saw them draw their weapons and lire I saw put his left hand in and a pistol also Welsh drew After tho first fire Welsh tb hich an of ihs to pro n i- at the icr of the i- upon nf oh w well we havo urged upon Congress anl of so tlm Law tint of ilie bu two and of the House of en that their election shall ba thrown back to the people Tbu spat of one of the members of House being row vacant in consequence drow a pistol and but fired at the second time he Welsh turned Cuine up and mot Col Nichols asked Col Nichols for a pistol which he Nichols gave him Welsh and Welsh returned and fired the third time ut Bracken Mr Bracken fired but once had a cane in his hand rhen he first came up K I was down at the store ing below the hill Me Brackon on bis I saw him looking up the of appointment by Mr Van Buren to street and saw Mr Welsh coming towards the office of Secretary of the Territory j Bracken with a cane in his hand Mr and us we are well aware that an election i Bracken dismounted when Wekh came o fill a single vacancy will not call out about ten paces of him and toll Welsh the full vote of Iho county we invite thu remaining to accede to this that tbe people of Iowa county may have a full representation in tho next Legislature fresh from among themselves JAMES COLLINS LEVI STERLING 18 1841 J 0 Miners Frw Press will stop and this is a proper time to settle and a dis- tance urn not certain that Bracken made the last remark but heard it by some one I next saw them ig their pistols which they raised and fired which fired first I cant say the firing was very close together Mr Welsh took out a pistol Mr twas not as Bracken was Welsh snapped once or twice but fired the ond pistol ft Mr B He Welsh turned and walked off and in a short time re- turned with a third pistol When B saw him coming ha turned to run off and a- gain quickly returned saying he would not run when Welsh fired the third pistol Dr I was in tha counting room of heard my name called by Alford's young man on coming out saw Bracken dismounting from hia horse B said to me wait s moment I then observed Mr Welsh Bracken remark ed don't come any nearer Welsh or HI put a ball through you Next saw Welsh flourishing a pistol presented towards Bracken and being nearly in a line with the range of their pistols I ordered the young mac to close the door ia the confusion I hardly know what passed but when I next opened the door Welsh had left the ground Mr A Young sworn I in the counting room of Alford's a rapping at the Brack enquired for Dr Beatty when the Doctor came to the door I saw Welsh near Burns with a stick in his jeard Bracken caution him not to jroach nearer or he would put a ball thro Bracken draw his pistol also saw Welsh draw a pistol when Dr B said shut the door I did so and ately after heard the report of the pistols then opened Iho door tind saw Welsh get a pistol from Nichols nnd came to lout tho same place as he was before and again shut the door Mr On the evening of the 24th saw Bracken saw him gat on his lorse and go towards his home he turned jack and went up Fountain Dr office aa he returned im- mediately anJ went to Mr Alford's store next saw Weleh Dear Hood's porch 1 re- to Reynerson that I expected there would be a fight saw E dismounting and drawing his drawing his about the sume lime Welsh slapped his wo pistols together Bracken stood still Welsh present and had just time to furn my head when B fired Mr W then let fall his discharged pistol and took the other snapped B said don't fire I have no pistols or some words to that effect B started back but again turned and be would nut run and taking his pistol by tho barrel raising it MS though he was going to throw at W fired tho second time Mr Wolsh turned and saiu I am killed and went and met Nichols and requested him to give him a pistol which Col Nichols at first refused but finally gave und W returned Bracken attempted to get in ford's store but the door was locked and W fired the third time W then left and went down street B got another pistol Nichols took hold of it and I should pose took it away Some one Sunday evening I was in Morrison's store when Welsh came face was bloody it was thought him and was joked about it when he replied that a man had clubbed him and said it was B and that if he B should ever come in this town again he should go out a used words simitar to the following that he W would kill him or hn burn nnd burn in hell W said if B had any friends they might tell B that he might make his peace with God C C Reynerson corroborated the timony of Turner as to the heard W say when he clapped his pistols together I'm ready Beall Carson sworn He heard Welsh Bay on Iho Sunday evening tho affray was betwen bim and B that the first time he met B he would put a hull through him The Pittsburgh Intelligencer of ary thus the arrival of H Harrison at that place on the day before on his wny to Washington Wisconsin Legislature Yesterday at 4 o'clock in tha after- noon Gon Harrison by the Cincinnati and Pittsburgh Committees the band of our city and a large number of citizens reached our city in the did steamboat Ben Franklin from accompanied by the steamer ton Although weather was very bad perhaps as many as ten thousand citizens with a great many ladies ed tho General's arrival at the river from whence attended by the Mayors of ghany Gen Marklo of West three of our volunteer companies and a great number of citizens on foot and horseback bu was conducted through the principal streets to his lodgings I- Pittsburgh Hotel The General will remain in our city until Monday and receive the calls of our citizens and them at 11 o'clock He pears to be in fine health and spirits Two million of and upwards it is asserted ere wanted fur the war in Courier for HOUSE OF WEDNESDAY I 17 1841 Prayer by the Ret Mr Slingerland On motion of Mr Deming Resolved That Al G Ellis is tied to receive full jay as a member of this House from the fth day of December 1840 lo tha 19th daj of February 1841 nnd the committee expenses are by directed to insert in appropriation fur said Ellis in the appropriation to be reported cc red and sixty-two for fifty four days attendance for which the Speaker and Chief Clerk are ol authorised to sue a certificate Mr Parkison the following resolution Resolved By he louse of of the Terri ory of Wisconsin that Messrs Welsh t nd Plowman be pointed to print th journals of this House foe the Augu t nnd present sions The of W Ich and were out ai d the name of Chas C Sholes inserted it then passed Mr Whiton from tl e committee on cor- tl at it was ent to legislate on tl a subject of the tition of inhabitant of Rack praying for n general bankin law also to towns three ai d four in said ty and also to divide tho county of cine according to n The regulating fisheries was read the third time and lott Mr Batchelder nn ved a tion Mr Shepard aled the merits of the because the w lite fish collected in large were than taken in large quantities and if thn were taken every day they would ba and the fisheries would ba ri ned again the provides that those w 10 have bought the land on tho lake for tha purpose of fishing and now the may come and take the fish provided they do not come to the shore Mr Brunson hese fisheries were similar to the shad fis in the eastern States and thu vas similar to the laws in those to prohibit those fisheries Mr Whiton ht Legislature had no right to gran privileges to any to hold rights in the Lakes anil rivers of tin St and in his opinion the -as of that ter Mr did m t so consider it Mr Whiton was ii favur of the sage of law for the general tion thu fisheries but he could not go for this The vole was recor noes 12 The was then to the com- on the with instruction to report m Tho to for the unpaid ap not had any printing but the papers which have been the longest time in the country ought to have the job Mr Brunson hoped the amendment would prevail Mr Dunn was in favor of a Terri al Printer but as there was not one he waa in favor of tho distribution Mr Brown understood that the Coun cil would give their journals to Mr Wy man and he was disposed to give journals of this Houso to Mr Sholes The amendment prevailed noes 10 The resolution was passed Ayes 17 noes 9 The committee of fha whole ed the following bills Mr Shepard in the chair A to authorize W P Owen o build a dam across Rock river A to amend the acts relating o assessing county revenue and A to tho Mutual rance All of which were ordered to a reading The to incorporate the Mutual rance company was read thu third time and passed noes 4 The amendments of the Council to the militia were agreed to Mr introduced n joint resoli tion relative to printing the laws Mr Ellis then moved to reconsider the veto by which tho to incorporate tho Educational Institute had to a third Milwaukee been Tho was ordered ing 7 On motion ot Mr Burf the vote re sing to order the tj thu Academy to a third reading was and the ordered ID the third reading noes 7 Tim was then read the third time On motion of Mr Ellis the to a- mend the mechanic's lien was again ken up Mr Whiton indefinitely moved to postpone thj The was postponed noes 12 The resolution to publish certain eral laws in the newspapers was the third time and passed The House agreed to tho amendments of the Council to the resolution to the fiscal agency of M M Strong The House then adjourned COUNCIL THURSDAY Jan 18 1841 Prayer by the Rev Mr Slingerland OF LAWS Mr proposed to amend the first resolve to insert except the laws for th J government of the several towns in tlu which adopted There being no further the relative to moving Iho brary to the Council chambers Mr Janes objected to the resolution be- was read the third time and i cause if tho commissioner should go o i with the completion of Iho Capitol this Mr Branson 1 an amendment to season the books would bo in the way anJ require ten per cent to bu paid by the liable to damage counties into the I treasury Mr Collins modified his E which was objected to bv Mr Dunn to sav to some room in the Capitol t J 1 1 I j l Mr Brown introduced a to amend an act in relation tr county Thu to ate Iho Milwaukee Educational Institute was considered in committee of he wh and tbe to incorporate the villa Academy so thu to ite the Mutual In- surance companies a Prairie du Chion and at Green Bay Mr to make the place of meeting of the dire ut wanted to make but cne Insurance com- pany in the Territory The question boing to order the bills to incorporate the te and Academy to a third reading the hi Is were lost noes 14 SESSION Mr Mills a joint resolution relative to printing c laws in the newspapers The to organise the county of waa read a passed The to authorise a towing path to be constructed at the vestern termination of the Milwaukee and Rock River canal was read the third tirra and passed The following wui 3 disposed of after bsing considered in of the whole Mr Darling in the A resolution relate e to publishing tho laws a to he county of to hold office at the housa of Will am A and a relative to c all of which were ordered to be engrossed The resolution ad this morning by Mr the printing being Mr 1 a waa opposed to sending the printing beyond the town All the printers could r at have something but as thero must be i choice made he thought it ought to be to these ces Thf publishers c t the Miners Free Press had heretofore hi d some of the lic printing while the papers of port and h d never bad any thing of the kind to do Mr Brunson moved to strike out the names of Welsh and Pi and insert the name of Charles O Shales because tbe printers at this p uce are obliged to employ hands nd extra material and paper They hire also a large quantity of on hand which they will be obliged to su over unless they had this printing Mr t that the printing to be distributed because ers needed Tkw South port aad true had so to be prepared by the Commissioner of lic Buildings The next resolution relative to the expanses ot tho Adjutant General's office was then considered Mr Martin moved to amend by ing not exceeding Ho sail li made tha motion because ho had boe furnished with a by tho tant General which showed that would be enough which amendment was adopted The committee then rose and the resolutions with SESSION Mr Arndt made a motion to request tin Secretary to procure from the House th hill to provide for the payment of the un- paid appropriations of tho Legislative sembly in order that he might make 1 motion to reconsider vote by that was laid on the table which nio lion waa adopted ayes 7 noes 5 Pending the further action of tho oil on this question a message was an- from the House after which o i motion of Mr Arndt the Secretary directed to transmit to tho Houso the relating to the lien Mr Janes from the on reported tha account of J Ar- nold as correct Also the account of W W Wymun for printing wilh a request Mr man may bo permitted to withdraw account in order to correct if so as to conform to tho price fixed by law Mr Janes stated that ho wished to have it understood that tho items in are correct but the prices are too high the price fixed by law was 88 cents Mr Wyman has stated that it wna impossible for him to do the printing at that he had therefore charged 12 cents being the lowest price at it could be done Leave to withdraw the account granted The appropriation waa again taker up on the motion to agree to the report tbe committee of the whole The report of tbe committee on the ul of to tbe chaplain was disagreed The report of the committee on the ul of for the turvey of the pub lie waa agreed to SESSION Tho appropriation was as correctly end after a call of tho House and absentees reported is ent the wai read the third and pawed Bills and resolutions read tha third time and passed A to incorporate the Madison Typographical Society A resolution authorising tha treasurer of tho Territory to pay certain drafta ol the adjutant general The relative to tha writ of error was then up the question being on the of the amendment proposed by Janes Tha amendment was a- Mr Junes proposed another which was also adopted The then ordered to been grossed Ayes 7 noes 4 The to authorise P Owen to construct a durn llock river waj road the third mid A resolution for the relief of A A Bird was the and Joint resolution r o the public printing was read tho third ed Bills read ho third time and passed limiting tho writ of to change the name of tha of relating to judgments j the Council HOUSE OF REPRESENTATIVES Feb 18 18 1841 On motion of Mr Resolved Joseph II Brown is en- titled to receive full pay as a member of this House from tho 7th of ber 1840 and the committee on ses are hereby directed to insert an accordingly Tho Speaker laid before the House the resignation of Francis J was received Dunn which Tha resolution relating lo printing the laws being under consideration well moved that the name ot W W Wyman be stricken out und the name ol Daniel Richards inserted Wyman was to print nil the laws except the town and county law Mr Brunson opposed the motion be cause they could be printed sooner at Mad ison than any other place because Mr W had tbe hands in employ because the copy was ready in a great measure be cause he had the paper on hand and be- cause the agent to prepare the laws was here and could attend immediately to making the index and reading proof and it would suve the expense of travelling therefore tho printing would be done cheaper here than at any other place Mr Rockwell had made the ment be cause he thought the interest tha Territory demanded it He was for distributing the favors of the Legislature He could not seo any reason why these offices at Madison should be better than the offices in other parts ol the territory Mr waa authorised to state that the laws would bo printed as soon at Milwaukee as they could ba done hare that the agent was willing to go to at his own expense Mr Brunson said gentlemen should all tho papers were author ised to print nil laws which go in force from and after their this be a bonus because they be obliged to ill their papers with something and it was na much work to set up any other matter as a law while for the Inw they would ba well and for the other ter hey would have nothing Mr Burbar agreed with Iho gentleman from Crawford Mr Newland thought thn editors of the papers at Madison had been fostered more than any other papers Mr Whiton thought if the printing was to bu distributed he was in favor o it to those presses which had not yet had any printing He alluded to tha Southport Telegraph and Northern er The other House will not agree as he thought to give all the printing to a press of one political character Mr Ellis was opposed to this manner of giving out the printing it always loads to protracted and angry all Legislatures had found it order to avoid thU difficulty to elect a Territorial Printer and should offer a substitute which would ba equivalent to such nn appointment and ut the he pledged that if hu lived till Iho next he should bring in a to that Sir Parkinson agreed with the man from Brown that it would bo bettor to have a territorial printer but as thorn was none he was for rt distribution of the s aa were at present situated gentleman says hat the will re- reive a bonus for publishing the laws if that is rue Iho pipers here will the same bonus therefore that argument Tho amendment 11 noes 10 The second resolution lo print the county which resolution proposed it to bu given to Chas C Sholes Mr Long moved to strike out Sholes und in- sert Welsh und Plowman The name was struck out and Mr Gray moved lo insert Thomas Eastman but the man decided it not in order The names of Welsh and Plowman were ayes 12 noes 9 was much exciting debate of it alito charging members with logrolled id tins matter but which ws The House to agree to the re- port of committee of the whole on ing out and inserting ayes noes 14 On Welsh and 12 noes 13 Mr offered t substitute far the first three resolutions which after remarks by Brunson Barber and Burt in opposition and Mr Deming in favor wu 1J on the The House adjourned to 8 P M The of Council to iliad were taken up Mr Whilon moved to Iho sec nnd amendment of the Council by out tho words or the duty of a majority of whom 30 noes 6 The was then taken on ing to the ae amended anil decided in tho Mr Whilon moved to amend the third r by out the words or c majority of agreed to Tbe resolution in relation to the i ag was ordered to be engrossed Tho House adjourned to 7 P M The general appropriation in j of tbe committee rose and asked leave to sit The House to 9 oa to aor taw COUNCIL Fob 10 1841 Mr Rountrea offered a to ivo to W W Wynnn the of lie Council Journalu of tho prosed and August Mr Arnold proposed 1 substitute to to be printed and delivered 01 or tho dny of September which was adopted and tbe ion passed The appropriation aa returned from he House was again taken amend n enta of the House were concurred in with tho exception with of tho a lion of 848 to John S Hornor the al to Plowman and aad others for publishing the laws in newspapers On motion of Mr Martin 7 was stricken out and 4 The was then concurred in Council adjourned The safety fund was tho amendments of the Council upon The appropriation was again up and further amendments considered after going through Iho it s nt back to tho Houso for concurrence Mr Collins offered a resolution to th the President of the Council to appoint a committee to of two p who shall be authorised to make an examination of the affairs of tho Mint oral Point Bank and report at tho next session of the Legislative Assembly The number was lo on motion of Mr Martin Messrs Arnold Martin and Learned A message was transmitted to thn H or R informing them that the business bufore the Council was completed tod that they wero now ready to adjourn A of two wna appointed to on tha Governor in conjunction with a similar committe of I he House and ask him if bo any further conn truncations to make to the Assembly Tho committee reported that they had performed that duty and inform ed by him that he hail no further Hi cation to make A veto of thanks was tendered to tha President which was returned in a very appropriate speech After which tho Council adjourned tint die HOUSE OF REPRESENTATIVES Feb 19 1841 The Council further considered tlm an it was then road the third time and passed On motion of Mr Whiton the Houso adhered to its amendments made to the amendments of tho Council to tho safety ft nd which the Council had greed to Tho House considered the the writ of error it was read tho third time and passed Mr Ellis offered a resolution to print the with the amendments id the final action thereon Mr Hackett moved 10 add acd all the which lost Mr Dewey moved to postpone the subject Mr Deming opposed tho moti in to postpone indefinitely because ho tl n public ought to be informed on tha st He believed that there would be memorials forwarded into this House at next from nil quartan The resolution was postponed Mr Brown offered the is Resolved That a committee of t Jo appointed or the part of this to act in conjunction with ft similar on the part of tbe Council to wait upon his excellency the Governor and certain if he has any further business to lay before the Legislative Assembly itE present session Messrs Brown and appointed The House agreed to all the monts of the Council to The House adjourned to 7 f Ji A WAS received from cil that they had DO farther business be- foie them The Council were info House had disposed of all The committee to waft ported that they had petti and that its bad no to make Mr bein a rote of w tbo Speaker i ttma
