Madison Express, December 8, 1846

Madison Express

December 08, 1846

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Issue date: Tuesday, December 8, 1846

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All text in the Madison Express December 8, 1846, Page 1.

Madison Express (Newspaper) - December 8, 1846, Madison, Wisconsin Constitutional Convention, i REMARKSof Ma. BEVANS, of Grant, in Committee of the Whole, on Article No. 31, entitled uSchools and the School Fundt." CHAIRMAN The importance of the. subject now boing considered by the Com- mittee, added to the ardent desire I feel for the successful termination of the delibera- tions of tho Committee in regard to this Article, will, I hope, be considered a suffi, cient apology for my trespassing at this late hour upon the titno of this body. However successful wo may be in our exertions to arrive at the best conclusion of our labors on oth'or subjects, if we arts unsuccessful in this attempt to incorporate in the Constitution of the State sivitable end ample provisions for tho education of itie children of (he State, we shall have fui'cd to moot tho just and enlightened jtoctutions of our constituents, and on our fe.turn to them may expect at their hands which a good publio norvant would most desire to eschew, viz thoir disappro- bation. Other Articles of great impor- tance, and questions of moment, have hith- erto been entortuined by tho Convention, yet in my judgment, Sir, all othor ques- tions dwindle into comparative insignifi- cance, if you contemplate thorn in thoir bearings upon (he prosperity of the State, compared with tho influence upon the fuluro liopps and prospects of tho inhabitants of Wisconsin that are to ensue from the de- liberations of this body in connection with tho Article on Schools and School Funds. II this Convention pursue an enlightened and liberal policy, as regards this question, whatever also it fail to accomplish, I shall ontcrtfiin no fears for the future greatness nnd happiness of oar pcoplo. If, however, our labors terminate with no othor provis- ion for publio Schools tUan a simple nnd UKelrss declaration that "learning shall for- ever encouraged in this if wo iicglectto make it an imperative requisition upon our Legislature to giro us a system of public schools, according to the most approved provide for tho election of a State oilicor whoso duty it shall bo to kuperintond tlii.s first interest of the io provide nmplo funds for accomplishing th's great end, to wit., the instruction of our say, if those great interests are disregarded by this Convention, wo shall to the world tho mortifying specta- cle of nn entire failure in having attempt- ed to rroct a political superstructure without u foundation on which to build. Jn tho defeat of tho Bank Article, the fricnrls of that measure think they see fu- ture derangement in our currency and ruin to our internal commerce; in tho defeat of the Article on Taxation, Finance and tho Public Debt, that tho door is loft wide open for inequalities in tho distribution of Ibo burthens of tho Government, and for State and individual bankruptcy but, iUr.v Chairman, admitting that those Articles arc defeated, (which I trust may nol bo tho and that tho evils predicted by thoir friends, suddon an.d overwhelming as tho avalanche, swoop ovor tho Stato, and that to these are added tho three groat scourges of pestilence and what are these, 1 ask, if llio minds of the people aro enriched with tho treasures of learning and intelligence If thoir minds aro deeply imbued with tho spirit of patri- otism, inherited from our fathers, we may hopo. notwithstanding all, for tho rising greatness of tho Stato. When the fury of tho pestilence pant, when tho ravages of war have cea-jod, when tho griping pangs of ftimino have .subsided, correct legislation, will cure tho remaining evils, and our young nntl future Sluto will like a worthy ship aftor the ponls of a fu- rious gale, and steadily pursue its onward passage towards the port of distinguished greatness. All ftdmit that tho children of tho Stato nre to bo instructed in political economy mid in tho various branches of scionoe, How is it to be Accomplished 1 Is it by striking tho word Suporintonilnnt" from the 1st section of this Article, by dispon- hijig -with this State officer, who alono can give uniformity, energy and oflicioiicy to lha system 1 Is it by n pitiful annual snl- BTV of one or two hundred dollars to be given to this ofiicor, whoso duties are more onerous, laborious and abundant them any other officer in tho State 1 Or do gentle- men hope to accomplish this great work by doing nothing, by leaving tho subject on- tircly with tho pcoplo? Lot me that tho people have committed to this Convention this first interest of the work of providing for tho in ptruetion of the children of tho Stato for time to work that positively controlls the destinies of tho State, upon which depots every other service which the pooplo in their individual capaci- ty can never accomplish, and which, in their representative capacity on this floor, they at our hands now demand. They call upon us to devise the plan, and ask to taxed for its ex ecu ion. and uncertainty may pervade the minds of members of the Convention as to iheir duty with reference to the will and interest of the people on many, on most other subjects, but on this I should think there could be no doubt. Certain 1 am, if otter constituencies think those do that 1 have the honor in part to represent, and wish upon this subject especially, MADISON BY "WILLIAM W. Tolnme 7. TWO DOLLARS IN ADVANCE. Wisconsin, AeeeMber 8, 1846. 15. I am proud to express here, then we hare unerring certainty as to tne will of ihe people with reference to public Schools. The free and intelligent citizens of Grant call on you, through their representatives on this floor, to incorporate in the funda- mental law of the land a provision secur- ing to them acrtminty efficient instructors will be procured to take charge of their public schools that those schools be not provided for the education of the poor only, but that the children of the rich and the poor may there meet to- gether without any other distinction than that which mnrks degress of intellect, that they may each profit alike by their associa- tions with the other, and in the exemplary conduct both as to morals and patriotism, presented to'lhemin the scientific instruct- or of-youth.. Public Schools, in most of MONDAY, NOT. 30, 1846. ON THE JUDICIARY. The question being on the amendments proposed by the committee, the one propo- sing to strike out the 22d section, "that any person may act Attorney, in any Court of this was amended on mo- tion of Mr. Dennis, by inserting as follows: the right lo prosecute or defend his suit either in his own proper person or by an Attorney or Agent of his choice." The other amendments being mainly ver- bal were concurred in.- Mr. BUKT than offered an amendment to insert "appointed by the Governor and Sen- ate" in place of "elected by the wherever they occur. Mr. BAIRD didn't propose to go into the argument, but he felt it the duty of every man to give his views on this important subject. His objections were mainly these: 1st. The elective system is an experiment for the most part untried. 2d. On account the States, heretofore, havo been a public the population ol our lerritory 1 i those being made electors by the Suf- calamity, a harrier to the gonercu difiusion rraae Article, whom he did not think calamity of knowledge, and they have greatly con- tributed to the perpetuity of distinctions which wealth tends to engender. They have been uttorly unfit for the education of tho children of Froomen. Favored children of the wealthy have not been sent to them the poor alone have been obliged to enter thoso miserable offsprings of selfish or unwise legislation! nnd relying on such resources alone, such only being within thoir grasp, too many have been, compelled to enter upon the active scenes of life want- ing not only tho advantages of wealth, but (shame on the Stato that would have it so) lacking also the qualifications of learning to almost every extent. Lot mo add, Sir, in conclusion, that I trust such wrongs will not be perpetrated frage Article, whom he did not think sufficiently acquainted to make a prop- er selection. 3d. He feared the Judges would bo elected on party grounds. He wished the Judiciary really indepen- dent both of tha Executive and the people. f-Jo wished no party. These, he said, in all candor, are the reasons that would influence him. Mr. RYAN then said he thought there were evils in both systems. He didn't like the proposition now before ths Convention, but at a p'oper time would offer one prepared which seemed to him to meet more of ths objections to the appointing system than any he had seen. It wag EVS follows to recommit to the Judiciary incidentally to discuWoti of our right to that tract sot off to Michigan on the north-east and to. the white country up to 49 deg., and the expediency of claiming the same. The lost. JtfosES M. STROHO than moved to amend the proviso by substituting "that Congress be requested to provide by law that the ac- of the bougrfaffo prescribed by Congress and the admission of the Stato shall sot in any or prejudice the right of this State to the boundaries prescribed by the ordinance of the in place of tho- absolute assertion in the original, which was adapted. The question then beme on the adoption of the proviso as amended, it was lost. Bennett, select committee of eleven appointed to report aa apportionment of tire sena- tors and members of the House of Re- presentatives among the several counties, respectfully submit ths following and re- commend its adoption to stand as a sec- tion in the construction and organization of the legislature there bo a new ap- portionment of the senators and members of the house of representatives, the Slate shall be divided into senatorial and repre- sentative as follows, and the sena- tors and members of the House of Repre- shall be apportioned among the several districts as follows, via The county of Brown shall constitute the first representative district, and shall Bowes, Brace, H. Brown, Burchard, Burn- be entitled to one representative, 'side, H. Chase, Crawford, Cruson, Dennis, I The county of Culumat shall constitute Dickinson, Doty, Drake, Fitzgerald, Gib-' the 'second representative district, and shall son, Giddmga, GilnWe, Goodell, Goodsell, Cfray, G.1B. Hall.Hazen, Hesk, Janssen, Jenkins, J-ydd, MaGone, Noggle, Parkinson, Seaver, Marshall M, Strong, Topping, Turner, White and Wil- Atwood, J. M.'Babcoclc, H. Barbor, Beall, Berry, Bowker, Boyd, G. E. Brown, Chotrjberlnin, W. Chase, Clothier, Cooper, Fuller, Graham, Hack- ett, Hammond, Hicks, Holeomb, Heuosch- mann, N. F. Hyer, Inman, 'Kellogg, Asa Kinney, J. Kmney, Lovell, Madden, Moore, Parks, President, Randall, Reed, Rogan, Ryan, A. H. Smith, S. Smith, J. Y. Smith, W. R. Smith, Soper, Moses M. Strong, Tweedy, Vliet, Wakoly and N Mr. HO.LCOMB then offered an amend- mant to add as proviso the following boun- dary on the North as the preference of the State of Wisconsin, Leaving the afore- said boundary line in the middle of Lake committee with instructions to report on the Superior opposite the mouth of the Brule following principles 1st. The Judges river frorn thenca through said mouth of, of thft Sunpfimn fjrmrt Kn nnnrtintnH hv .L. _ of the Supreme Court shall be appointed by the Governor, with tho consont of three- t fourths of the Senate. 2d. The first 5 I Judges to be appointed severally for 2, by tho Government of this young and ris- 3i 3 all vacancies to be fill- o f. t ,k ed lor the unexpired term of ths Judze who ing State; that it fint interest of the haa vactvted. future t State to provide for the proper culture of, appointed for 5- years, 4th. When thoso minds that are very soon to direct Us term of any Judge is abput expiring Judges to be the the destinies that the safety of the State and Governor shall give notice thereof to the I Croix and running jt a little south. This tho Brule river in adirectline southwardly to tho hoad or most northwesterly bend of Lake Pepin to the channel of the Missis- sippi river; thoncedoYn the contra of said Lake Pepin and channel of said Mississip- pi river, as in the aforesaid boundaries. Mr. HOLCOMB stated this to be merely tailing the boundary oat of the river St. tho perpetuity of our free institutions are absolutely dependent upou a faithful dis- chnrgc of this duty, since, as ignorance and vassalage are inseparable, so are the liberties of tho people and tho permanency of our loved institutions dependant upon intelligence and virtue. Senate, whereupon the Senate shall take I a vote on his continuance and i fth roe fourths of that body shall vote for the continuance of incgmbent, be shall be continued. 5th. No Judge shall be eligible or. appoint- ed to any other office during the term for which he is appointed. J. Y- SKJITH was himself opposed the elective mode heWiad w'rilten against it, but he did not consider it a matter of such vital'importance as soma gentlemen did. He had said that ho would be governed by the wishes of his constituents. He thought their wish to be for nn elective The article on Eminent Domain wag passed on the 27th ult. as follows ARTICLE. Sec. 1. shall never interfere with the primary dis- posal of Ihe soil of the United States nor with any regulation Congress may filMj) own juagmont in reference to tl necessary for securing the title in such soil dlclary from the fact that he to tho lonafote purchasers thereof. No I "individual in the tux shall be levied on lands the property of Fond du Lac express himself either in fa- T r I he should therefore vote for it in opposition The Legufotuip of State ,o his own viewa. Mr. GIUSON felt at liberty to act his own judgment in reference to the the Ju- change, which did not much affect territory, he asked ns right to the people of St. Croix, who would be divided, one part in and tha other out of the Stalei by the proposed boundary of Congress. Ttio question was takon, and there were Ayes 30, Noes 61; so tho amendment was lost. tho U. States, and in no case shall the lands of non-resident proprietors be taxed higher than residents. Sec. 2. The State shall have concurrent jurisdiction on the river Mississippi, and on every other river nnd lake bordering on the said State so far as the said river or lake form a common boundary to the said Stato and any other State or Territory or Territories now or hereafter to be formed, and bounded by the same, and the said river Mississippi and the navigable waters lead- ing into tho Mississippi and St. Lawrence, and tho carrying places between the same shall bo common highways and forever froo us well to tho inhabitants of this State as to tho citizens of tho United Stales, without any tax, impost or duty therefor. No law shall bo passed to take nway or abridge the rights of owners to tho riparian soil, or land under water, unless in the same law provision is made for full com- pensation to such riparian owners. Sec. 3. All lands and other property which have accrued to the, Territory of Wisconsin by grant, gift, purchase, es- cheat or otherwise, shall vest in the State of Wjtconain. Sec. 4. The people of this Stale, vor of, or opposed to the elective system, and did not suppose there was any fooling among his constituents in reference to this question. Ho had formed an opinion be- fore he came into this Convention favora- ble to an Elective Judiciary, and that opin- ion remained unchanged. He believed that the people were capable ol self-govern- the nearer the officeholder was brought to the people the better, and that they (tho people) are, or ought to bo, the source of all political power. He had no fears that the foreigner would be any more likely to fpr an incompetent person to fill the office of Judge than would the na- tive citizen, for not only the native but the adopted citizen would take into considera- tion that he was voting for an officer that might be called to sit in judgment not only over his property, but perhaps his life. He preferred the Elective system to the old modo of appointing by the Governor and Senate. He had resided in the state of New-York, where ths Judges were appoin- know by observation something of its operations. It was a notorious fact that a few politicians at the difToren.1 coun- ty foimed-themsolves iata a kind of Regency for the purpose of watching over the interests, or more particularly the offi- Dec. 2, 1840. REPORTS OF COMMITTEES. A. S.MITH presented a Report from 10 of the Select Committee of il to whom was referred the subject of Apportionment, saying at the same time that most of the members of the Committee had deviated from their own views in the number of Representatives, they having proposed 79 number that could settle the vexed question in regard to the small coun- tios. Tho following is the apportionment for the House Population. liep'i. 1 836 1 029 989 732 CoUTltid. Brown, Calumet, Manitowoc, Marquette, Winnebago, Sheboygan, Pond du Lac, Columbia, Sauk right of Sovereignty are to possess the ul- ces of ,he people, and whenever the office timnte property m and to all lands within of Jlld ijecamo vncant a few wor. tho jurisdiction of this State, and all lands the title to which shall fail from a defect of heirs, shall revert, or escheat to the peo- plo. Tho remainder of the dny consumed in tho consideration of the articles on the boundary, and the line submitted by Mr. Holcombe, from Mountain Island to tho head of tho Montreal, between the Black and Mississippi rivers was agreed to be Congress. Atwood, Baud, Boo.ll, Bell, Bennett, Berry, Bovons, Bowen, Boyd, G. E. Brown, Burchard, Burnside, Carter, Chamberlain, Clark, Combs, Coop- er, Crawford, Dennis, Dickinson, Dotv, Drake, Dunning, Fitzgerald, Gibson, Goodell, Goodrich, Graham, Granger, Hnckott, J. H. 'Hammond, Harkin, Hesk, Hill, Holeomb, G. Hyer, Inman, Jenkins, Judd, Kellogg, A. Kinney, J. Kin- __ ney, Lovell, Madden, Meeker, Noggle, O'Connor, Parkinson, Parks', sons. Prentiss, Randall, Rogan, Ryan, A.' H. Smith, S. Smith, J. Y. Smith, Soper, Marshall M. Strong, Toland, Turner, Tweedy, Vliet, Wakely, While, >Vhite- gido, Willard and N H. Barber, W. Chase, Clothier, Giddings, Gray, Hicks, MaGone, Reed, G. B. Smith and Moses M. JO. kers" were called together, and upon their recommendation to the Executive some "brawling" politician received tho appoint- ment, while'the people had no voice'in the selection of their own Judges. He had known Judges to procure their appointments in this manner when in all probability they could not have received the votes of one third of the people for the Washington, 11 Dodge, 12 Milwaukie, 13 Waukesha, 14 Jefferson, 15 B 16, Racjne, 17 Walworth, 18 Rock, i- 19 Green, 20 21 Grant, 22 Crawford. 23 24' 800 25 Portago, 931 79 of Richland] The following is the Apportionment pf 1 1 1 2 1 1 4 4 8 6 5. 4 10 6 5 1 7 5 1 1 1 1 be entitled to one representative. The county of Manitowoc shall constitute the third representative district, and shall be entittod to one representative. Tho county of Marquette shall constitute the fourth representative district, and shall be entitled to ono reprcscrttativo. Tno county of Winnobago shall consti- tute the fifth representative district, and shall be en'.itled In one representative. Tho county of Shoboygin shall consti- tuto tho sixth representative dictrict, and shall be one'representative. The county of Fond- du Lac shall con- stitute iho sovonth representative district, and shall bejentitledtotworepresenUttives. The county of Columbia shall constitute the eighth representative district, and shall be entitled to ono representative. The counties of Sauk and Richland shall, constitute the ninth representative district, and shall be entitled to one representative. The county of Washington shall con- stitute the tenth representative district, and shall be entitled to four roprestatives. The of Dodge shall constitute tho eleventh representative district, and shall be entitled to four representatives. This county of Milwaukee shall consti- tute tho twelfth representative district, or shall be entitled to eight representatives. Tho county of Waukesha shall constitute the thirteenth representative district, and shall be entitled toavx roproacnlativos. The county of Jefferson shall constitute the fourteenth representative district, und shall be entitled to five representatives. The county of Dario shall constitute tho fifteenth lopresentative district, and shtill be entitled to four representatives. The county of Racino shall constitute the sixteenth representative district, and shah be entitled to ten representatives. Tbs county of Walworth shall conslituto tho seventeenth representative district, and shall be entitled to six representatives. The county of Rock shall constitute the eighteenth representative shall be entitled to five representatives. The county of Green shall constitute the nineteenth representative district, and shall be entitled to one representative. The county of Iowa shall constitute the twentieth representative district, and shall be entitled to sovcn representatives Pro- vided, That whenever the said county of Iowa ahull he divided, and two new counties shall bo organized out of the same, then I the northern of said two new counties shall be entitled to three representatives, and the 1 southern of said two now counties shall be entitled to four representatives. The county of Grant shall constitute tho twenty-first representative district and shall bo entitled to fUe represenlives. The county of Crawford shall constitute the twenty-second representative district, and shall be entitled to one representative. The counties of St. Croix and Chippowa, shall constitute the twenty-third roprescn- tiitive district and shall be entitled lo one 1 representative. The county of Lnpoint shall constitute same office, and he believed that we would have bettor Judges if we adopted the elec- tive, than we should under the appointing system." The question was then taken on Mr. Burl's amendment, which was lost. "JThe question was taken on Mr. RYAN'S amendment which was lost, aye? 20, noes 78. TUESDAY, Dec. J, 1846. BOUNDARIES. Mr. DOTT moved to amend the 1st sec- tion by inserting the original proviso, which with a second offered by Moses M. Strong had been stricken out yesterday. HIKAM BARBER then moved to amend the proviso so that it declare only that (he right to country on the South shall not be prejudiced. This amendment gave rise to quite a debate on our Tight to the Illinois bety and, the Senate Ditt. Brown, I Calumet, Winnebago, j Pond du Lac, Manitowoc, twelfth senatorial district and ahall bo on- titled lo one senator. The county of Iowa shall constitute tho thirteenth senatorial dUtrict and shall be to two senators Provided that whenever the said county of Iowa shall be divided, and two now' counties shall be organized out of the samn, then tho nor- Ihorn of said nrw counlim nhnll bo entitled to one senator, and the'sonthern ol soid two new counties shall ba entitled to one senator. Tho county of Grant, shall constitute the fourteeth senatorial district and shall be entitled to two senators A. HYATT SMITH, Chairman, The Article on the act of Congress for the admission of tho state was then read a third time anil passed follows: ARTICLK. Section 1. Tho propositions of the Con- gress of the United States as made nut contained in their net of tho sixth day o August, one thousand eight hundred ant forty-six, entitled "an act to enable people of Wisconsin Territory to form a Constitution and Stnto Government, am for the admission of such into th er to appoint n clerk until the vacancy shall bo filled by nn election. Tho clork of tho circuit court shall per form all the duties of the ofFieo of Register of deeds. On tho fust Moiidriy in Jnnuti-' ary and July in own year, ho shall make' a slatomt'iit under oath of all the foes of hin' office during the half ycnr next preceding1 und doposito such statement in tho ollicnuf! tho county Trousiirjcr. When tho fees mentioned in such xtnU'mont shnll uxccod the of nevon hundred and fifty dollars ho shall pay por centum of Mich exueu into tho county treasury. Ho may in nil cakes demand his in ndvnncn; and shall give such tiecurity us the Lcgisi luturo may require. The Miproiuo court oliall appoint clerk1', nail the clork of a circuit court rrmy bo appointed a clork of tho Mipromo court. ticK. 11. Any JUIJJTO tif the aitprumo or circuit court, may bo removed from oflico' by addrc-u of both liuusns of tho luro, if two-thirdsof alf iho od u ouch concur therein, but no re-' movnl shall bu ntadu by virlnci of thin tioii, unli.-ia tho parly cornptainod of shall have been served a. copy of tho com.! plaint ajjitin-.t him, nnd shall hnve an op- portunity of hoanl in On tho question of removal, the ayes and nays shull entered on iho i Sec. 15. There shnll bo chosen in each. "county by the qualified doctors thereof i judgo of probate, who shnll hold hii offici. ior two yoarh, nnd until his successor is elected nnd qualified. Sec. Tho elcctora of the, several at their annual town ihe electors of cities rind villages at their charter elections, ihall in such manner an the legislature mny direct, elect of the pence, whowi torn) of office nhall bo for two years, afcd until thwir in office hhall be elected and qualified. They shall hnve civil and criminal jurisdiction wilhtho county in which are elected in such shall bo scribed by law. Soc. 17. Tribunals of conciliation mny be established with such as shall be prescribed by low; but such tribunals shull have no power w'rendcV judgement to bo obligatory on thu pnrtion, unless thoy ngreo lo ubido tho judgment or nssont thereto, in '.ho presence of such tri biinal. Sec. 15. Tho legislature shall hnvitpo-. pre- ;