Bs Sie ,* a) % oe he ® oat BT chet pet at,h at “Wh Bes SK Ait WE NN pe a he ey ae Stet a ear ier ee sas ~ a am 7 te CI on “we ee ee er ee? x = ne THE m . BASSETT COLLECTION | NCER JOHN SPE EsTABLISHED IN 1928 t BY MEMBERS OF THE 9019 AND OTHERS ved From ecel This Volume R Soe ee en Oe PE UE aa dilh 0 aga eA See Q Wee w-7 F2/ PUBLICATIONS OF THE STATE HISTORICAL SOCIETY OF WISCONSIN JOSEPH SCHAFER, SUPERINTENDENT MILO M. QUAIFE, EDITOR COLLECTIONS, VOLUME CONSTITUTIONAL SERIES, © — i, 225 M8 ane #2 z. Feoe N we * x i a Manuscript JOURNAL OF THE CONVENTION oF 1846 Photographed. from the original in the office of Secretary of Madison State, PUBLICATIONS OF THE STATE HISTORICAL SOCIETY OF WISCONSIN COLLECTIONS, VOLUME XXVII CONSTITUTIONAL SERIES, VOLUME II THE CONVENTION OF 1846 EDITED BY MILO M. QUAIFE WISCONSIN HISTORICAL SOCIETY PUBLISHED BY THE SOCIETY MADISON, 1919 copyricHtT, 1918 BY THE STATE HISTORICAL SOCIETY OF WISCONSIN 1500 copies PRINTED DEMOCRAT PRINTING COMPANY, MADISON, STATE PRINTER ad PREFACE In the first volume of the series devoted to Wisconsin consti- tutional beginnings the popular discussion and official proceed- ings attendant upon the movement for statehood in 1845-46 were presented. The present volume deals with the first con- stitutional convention, held at Madison in the autumn of 1846. In the laborious sessions of this body the ideas with respect to a framework of government for the commonwealth about to come into being were reduced to tangible form. That the mem- bers of the convention performed their work in a spirit of sober earnestness will be questioned by none conversant with their proceedings. Nor will anyone question that the people of the territory were aware of their dependent political status and overwhelmingly desirous of entering upon statehood. Yet the convention’s labors had a curious and for the time being a dis- appointing issue. Notwithstanding the electorate was pre- dominantly Democratic and the Whig membership in the con- vention was small to the point of insignificance, the electorate repudiated the handiwork of its representatives by a decisive majority. The reasons for this are set forth in the historical introduction at the opening of the preceding volume. They find abundant illustration in the pages of the present volume. Whatever their characteristics in other respects may have been, the constitutional fathers of Wisconsin were chary of de- voting state funds to the printing of a record of their proceed- ings. The first convention preserved no record of its debates, while the official journal comprises a modest volume of 500 pages. The second convention hesitantly ordered, after its sessions had been in progress for some time, the making of a record of debates, with the proviso, however, that any member might direct the reporters to make no record of his eontribu- 6 PREFACE tion to the discussions. Journal and debates combined, there- fore, run to but 600 pages of print. By way of contrast it may be noted that the debates alone of the Ohio convention of 1874 fill 3,600 pages of print; those of the Kentucky convention of 1890 run to 6,500 pages; journal and debates of the Pennsylva- nia convention of 1873 fill eleven volumes totaling 9,000 pages; while the official records of the New York conventions of 1867— 68 and 1915 in each ease fill twelve volumes containing 12,000 pages of print. That the parsimony of the fathers of Wis- consin was unwise seems scarcely to admit of question. Be- cause of it administrators and scholars alike have been for seventy years compelled to content themselves with most im- perfect sources of information concerning the origin of our state constitution. Now a painstaking effort has been made to reconstruct the debates and to assemble the other pertinent records pertaining to the birth of our commonwealth—with what degree of success, each reader may determine for himself. To a considerable extent the convention debates are of course gone forever. Yet, to the editor at least, the approximation toward their reconstruction offered in the present volume seems well worth the making. Although it necessarily falls far short of perfection, it assembles once for all the records that are extant and these afford a fair idea of the course and spirit of the debate which accompanied the forging of our con- stitution of 1846. Additional light will be shed by the reports from and editorials on the convention proceedings which con- siderations of space and practical convenience rather than of strict logic have led us to reserve for presentation in the suc- ceeding volume of the series. A few words of explanation may be in order concerning the physical arrangement of the volume. The official journal is printed in ten point solid type. Whenever a point is reached upon which a record of debate has been preserved, the pres- entation of the journal is interrupted to give place to the de- bate; this is distinguished by being set in eleven point leaded type. Since the debate has been recovered for the most part from the newspaper reports of the day (in large part from the Madison newspapers), it has been necessary, in order to PREFACE 7 set this forth with all possible fullness, to repeat at times in one extract information already given in a preceding one. The extent of this, and the necessity for it, will be apparent to him who reads the proceedings; to make it evident to others is per- haps unnecessary here. Instead of printing the numerous roll calls of aye and nay votes throughout the journal (as they oc- cur in the manuscript journal and in the printed one of 1847) these are presented in tabular form in Appendix I. This ar- rangement gives the record as truly as does the conventional one, while it conserves to a marked degree paper stock and printer’s composition, and contributes, also, to the convenience of the user of the volume. . Acknowledgment is cheerfully made of continued obligation to Daisy Milward of the Society’s editorial staff for painstak- ing preparation of the copy for the press and supervision dur- ing the processes of publication. The biographical sketches comprised in Appendix III are the work of Dr. Louise P. Kel- logg, who also has compiled the index to the volume. M. M. Quarre. Madison, 1918. CONTENTS Full Titles of Papers Cited Journal and Debates of the Convention Appendix I: A Record of the Votes on Roll Call in the Convention of 1846 Appendix II: The Constitution of 1846 Appendix III: Biographical Sketches of the Members of the Convention of 1846 Index Page ILLUSTRATIONS Manuscript Journal of the Convention of 1846 . : , Frontispiece Photographed from the original in the office of Secretary of State, Madison Page Committee Reports of the Convention of 1846 ? : : 26 Photographed from the originals in the office of Seareniey of State, Madison Charles Minton Baker. : pope io las) From a photograph in the ey ean Bianca one John Hubbard Tweedy . : Ve SB2 From a photograph in He Wisconsin Etcal abeasy Henry S. Baird é . 904 From an oil portrait in ine iikeun ian Cee James Duane Doty . : Si wae From an oil portrait in ‘the Wisconsin Picasa Toten Some Autographs of the Fathers . f 754 Last page of manuscript of protest is Genera on et deraes of Wisconsin, December, 1846 11 FULL TITLES OF PAPERS CITEDIN THE FOLLOWING PAGES Prairieville American Freeman Milwaukee Daily Sentinel and Gazette Madison Express Madison Wisconsin Argus Madison Wisconsin Democrat Laneaster Wisconsin Herald 13 JOURNAL OcToBER 5, 1846 Pursuant to an act of the legislature of the territory of Wisconsin, entitled ‘‘An Act in relation to the formation of a state government in Wisconsin,’’ approved January 31, 1846, a majority of the delegates elected to the convention to form a state constitution under the provi- sions of the said act assembled at the capitol at Madison, on the fifth day of October, 1846 at twelve o’clock, M. William R. Smith, delegate from Iowa County, called the conven- tion to order, and having called over the roll of the members elected, as returned by the secretary of the territory, the following gentlemen appeared and answered to their names and took their seats as such delegates, to wit: BROWN COUNTY FOND DU LAC COUNTY David Agry Warren Chase Henry S. Baird Lorenzo Hazen Moses S. Gibson COLUMBIA COUNTY : GRANT COUNTY Jeremiah Drake La Fayette Hill Thomas Cruson Lorenzo Bevans DANE COUNTY John Y. Smith Abel Dunning Benjamin Fuller George B. Smith Nathaniel F. Hyer John M. Babcock DODGE COUNTY William M. Dennis Stoddard Judd Hiram Barber Benjamin Granger Neely Gray GREEN COUNTY Davis Bowen Noah Phelps IOWA COUNTY Daniel M. Parkinson Moses M. Strong William I. Madden N. E. Whiteside Thomas James Andrew Burnside 16 WISCONSIN HISTORICAL COLLECTIONS Thomas Jenkins William R. Smith Moses Meeker Joshua White JEFFERSON COUNTY Patrick Rogan Theodore Prentiss Aaron Rankin Elihu L. Atwood MANITOWOC COUNTY Evander M. Soper MARQUETTE COUNTY Samuel W. Beall MILWAUKEE COUNTY D. A. J. Upham Francis Huebschmann Wallace W. Graham Garret Vliet John Crawford Asa Kinne Garrett M. Fitzgerald John Cooper PORTAGE COUNTY H. C. Goodrich RACINE COUNTY Frederick S. Lovell Stephen O. Bennett Nathaniel Dickinson Chauncey Kellogg Daniel Harkin Marshall M. Strong Edward G. Ryan Elijah Steele Haynes French Chatfield H. Parsons James H. Hall Victor M. Willard ROCK COUNTY David Noggle A. Hyatt Smith S. P. Hammond James Chamberlain Joseph 8. Pierce George B. Hall David L. Mills SAUK COUNTY William H. Clark SHEBOYGAN COUNTY David Giddings WALWORTH COUNTY Salmous Wakeley Joseph Bowker Charles M. Baker John W. Boyd William Bell Lyman H. Seaver Sewall Smith Josiah Topping WASHINGTON COUNTY E. H. Janssen Patrick Toland C. J. Kern Hopewell Coxe J. F. Wilson Bostwick O’Connor WAUKESHA COUNTY Pitts Ellis George Reed Elisha W. Edgerton Rufus Parks William R. Hesk Barnes Babcock Andrew E. Elmore Charles Burchard WINNEBAGO COUNTY James Duane Doty 1846] THE CONSTITUTION OF 1846 17 Whereupon, a quorum being in attendance, A. Hyatt Smith moved that Moses M. Strong be appointed president pro tempore, which was agreed to. Mr. Crawford moved that William W. Treadway be appointed sec- retary pro tempore, which was agreed to. ' Mr. Noggle moved that Hiram Taylor be appointed assistant secre- tary pro tempore, which was agreed to. Mr. Dennis moved that John Starkweather be appointed sergeant at arms pro tempore, which was agreed to. Mr. Bevans moved that William Kirkpatrick be appointed door- keeper pro tempore, which was agreed to. Mr. Graham moved that Henry Brown be appointed messenger pre tempore, which was agreed to. Mr. Baker introduced the following resolution, which was read, to wit: ‘‘Resolved, That a committee of five members be appointed to examine the credentials of members and to report thereon at three o’clock, P. M.’’ Mr. Ryan moved to amend the said resolution by striking out the words “‘three o’clock, P. M.,’’ and inserting ‘‘nine o’clock tomorrow’”’ in lieu thereof, which was disagreed to. The Chair announced the appointment of the following committee under said resolution, to wit: Messrs. Baker, Ryan, Meeker, Cruson, and Huebschmann. The convention then adjourned until three o’clock, P. M. THREE O’CLOCK, P. M. A. Hyatt Smith introduced the following resolution, which was read, to wit : ‘‘Resolved, That the rules of the Council of the territory at the last session be adopted as the rules for the government of this conven- tion so far as the same are applicable, until others are adopted.’’ Mr. Judd moved that the said resolution be laid upon the table. Mr. Judd introduced the following resolution, which was read and adopted, to wit: ‘‘Resolved, That a committee of seven be appointed to draft rules for the government of this convention.’? The Chair announced the appointment of the following committee under said resolution, to wit: Messrs. Judd, Marshall M. Strong, Wm. R. Smith, Baker, Doty, Baird, and Elmore. William R. Smith introduced the following resolution, which was read and adopted, to wit: “*Resolved, That a committee of three be appointed to report the number of officers necessary for the govern- ment and business of this convention.’”’ The Chair announced the ap- pointment of the following committee under said resolution, to wit: Messrs. Upham, Madden, and John Y. Smith. Mr. Agry introduced the following resolution, which was read, to wit: ‘‘Resolved, That a committee of ____ be appointed by the Chair to ascertain the number of standing committees necessary for the busi- ness of the convention, to report the same with their respective desig- nations and duties.’’? Mr. Kellogg moved that the said resolution be laid upon the table, which was agreed to. 2 18 WISCONSIN HISTORICAL COLLECTIONS [Oct. 5 The committee to whom was referred the subject of examining and reporting upon the credentials of the delegates elected to this con- vention reported, ‘‘That as appears by the certificates and entries of the clerks of the boards of county commissioners and county super- visors of the respective counties, so far as the committee have been enabled to obtain and examine the same, all the delegates returned as elected by the secretary of the territory are entitled to seats as mem- bers of this convention except Rufus Parks, delegate from Waukesha County, who had not obtained his certificate of election from the clerk of the board of supervisors of his county.’’ The report was accepted, and the committee discharged. ‘ Mr. Elmore moved that Rufus Parks, a member elect from Wau- kesha County, who was reported by the committee as not having pro- duced his credentials, be admitted to his seat, which was agreed to. Mr. Baird introduced the following resolution, which was read and adopted, to wit: ‘‘Resolved, That a majority of the whole number of members present shall be necessary to the choice of officers of this convention.’’ Mr. Upham, from the committee appointed to report the number and description of officers necessary for the government of the conven- tion, reported as follows, to wit: ‘‘The undersigned, a committee ap- pointed to report the number of officers necessary to govern this con- vention, beg leave to report: That they have had the subject under consideration, and recommend the election of the following officers, to wit: One president of the convention, one secretary, one assistant secretary, one sergeant at arms, two doorkeepers, two messengers, and one fireman; and for carrying out the object of this report they rec- ommend the adoption of the following resolution, to wit: ‘Resolved, That the convention elect as officers to govern their proceedings one president of the convention, one secretary, one assistant secretary, one sergeant at arms, two doorkeepers, two messengers, and one fireman.’ ”’ The report was accepted, and the committee discharged from the fur- ther consideration of the subject. Mr. Baker moved to amend the report of the committee by striking out the word ‘‘two’’ before doorkeepers, and insert[ing] the word ‘‘one’’ in lieu thereof, which was disagreed to. The report of the com- mittee was then adopted. Mr. Baker moved an amendment—insert ‘‘one’’ before the word ‘‘doorkeepers,’’ instead of ‘‘two.’’ That as there were but two doors the sergeant at arms with one doorkeeper was sufficient to secure all the necessary attendance; and that as a matter of economy this convention should dispense with all un- necessary officers. Mr. J. Y. Smith said it was desirable to encourage a spirit of economy, but that whenever an important question was to be taken the sergeant at arms, if any of the members were ab- 1846] THE CONSTITUTION OF 1846 19 sent, would be obliged to go through the streets till he had found the absentees. The law of the last session of the ter- ritorial legislature did not deprive the convention of the priv- ilege of electing such officers as were necessary for the suc- cessful prosecution of the business before the convention. Mr. Kellogg thought the law was binding, and that it pro- vided for all necessary officers. He could not do otherwise than abide by it. The amendment was lost.—Democrat, Oct. 10, 1846. Mr. Baker moved to amend the resolution by striking out the word ‘‘two’’ before ‘‘doorkeepers,’’ and inserting ‘‘one.’’ The law of the territory under which they had met provided for but one doorkeeper, and that law in his opinion should govern. Mr. John Y. Smith said the law was before the committee at the time of drafting the resolution, and they had come to the conclusion that no law of the territorial legislature could so far bind the convention as to compel them to employ so few officers that the necessary business of the convention could not be properly done. There were two doors to the hall, at the op- posite sides, and it would be impossible for one man to attend to them both. It might be said that the sergeant at arms could perform the duty of doorkeeper, but this he could not do, since it might often so happen that a call of the convention would be demanded, and that officer be sent after the absentees, when the door would be left unattended. Mr. Kellogg was of opinion that the law of the legislature was binding on the convention, and he should therefore vote to strike out. The question was put and lost. The resolution as reported was then adopted—Argus, Oct. 6, 1846. Mr. Elmore moved that the convention do now proceed to the elec- tion of a president of this convention by ballot. Mr. Ryan moved that the convention adjourn, which was disagreed to. W. R. Smith thought the action premature—that they should wait the action of the committee. 20 WISCONSIN HISTORICAL COLLECTIONS [Oct. 5 Mr. Ryan had an objection. Most of the members of the convention had for the first time met. He was a stranger to many members. The convention should pause and deliberate, and not proceed with such party steps. It was an important point who should preside over the deliberations of this body. If this resolution be adopted we might be obliged to vote before we had a chance to become acquainted so as to determine who is the most popular person to place in that station. He did not wish to see the old Democratic rule violated. The ruling party, according to custom, selected the officers of all legisla- tive bodies. There was nothing to be gained by discarding this rule but many reasons why it should be sustained. The interests of the convention required time, and [he believed] that an adjournment would effect much good. By adopting this motion we abandon an old and proper usage. He moved to adjourn to ten o’clock tomorrow. Motion rejected. Mr. Judd was in favor of waiting for the report of the com- mittee, but was not willing to adjourn. The old rule of not delaying till tomorrow what can be done today was applicable to this convention. He was not one of those who wanted any- one to choose a man for him to vote for. He was willing to proceed immediately to the election. The candidates were all known. , Mr. Lovell moved to lay the matter on the table. Lost.— Democrat, Oct. 10, 1846. The question then recurred on the motion of Mr. Elmore and was decided in the affirmative. The President stated that the question was on the original motion of Mr. Elmore. Mr. Marshall M. Strong said that at the present time reform prevailed. That his own experience in ’38 and ’39 proved to the convention the practicability of caucus regulations. That from Monday to Friday the time was lost in fruitless ballot- ings. That the caucus system had been adopted by Congress and by the New York convention, and that thereby much time had been saved. Suppose that on the final ballot it appears that one Democratic candidate receives forty votes and his sue- 1846] THE CONSTITUTION OF 1846 21 cessful competitor forty-six, six of which are cast by Whigs— the will of the party is defeated. It is a matter of much mo- ment to the people whether the germ of the Wisconsin consti- tution be laid in Democratic measures. We were chosen on party grounds—chosen to represent the principles of our party. We abandon the principles of party by this procedure. Mr. Baird was sorry to see the question of politics brought into the convention. He was a representative of the people and hoped that politics would be discarded at once. He would like to know if this rule in Democratic caucuses to select officers was carrying out the will of the people. He was from a Demo- cratic county, he was proud to say. He went for measures whether from a Whig or Democrat. He was sorry to hear such doctrines. He called upon them not as the representa- tives of the Democracy, old or young, but as the representa- tives of the people, to remember that they were to form a con- stitution for the whole people. He called upon gentlemen not to waste time.” The majority could not quarrel with the few Whigs who were here; and if they had feuds among them- selves, they should have been settled before coming here. He eared not who the president was if he was qualified, faithful, and honest. No man had been named as yet for that high station whom he did not believe qualified and [whom he was not] willing to see in the chair. Mr. Ryan was the first to introduce politics into the discus- sion, and he supposed he must bear the censure of the gentle- man from Brown. Every member here was elected on strict party politics. He (Mr. Baird) represented the people of Brown on Whig principles. We represent the people of Ra- cine on Democratic principles. He never saw such an animal as a representative who discarded his political principles under any circumstances. He knew nothing more sacred than his party principles. Was he not to represent his politics in con- vention? Was he not sent to incorporate those politics into the constitution? He was not satisfied with the election of any man. It was a matter of the first importance who presided over the deliberations of this body. We were sent here as Democrats and Whigs to regulate all preliminary considera- 22 WISCONSIN HISTORICAL COLLECTIONS [Oct. 5 tions as well as to frame a constitution. The Whigs did not expect to elect a Whig president. But they had the power by the division that might exist in the Democratic ranks to elect whom they pleased. Ought they to have the choice? The Democrats had four candidates, and there were Whigs enough to decide who should be the president. He did not mince mat- ters; he wished the motion lost for the purpose of going into caucus to allow the Democratic members to select who should be elected to this station. He came here to make a constitu- tion on the political principles of himself and his people. He had gone so far to test whether the good old Democratic rule should be sustained, and he therefore moved to adjourn. Lost—54 to 37. The original motion was then put and carried.—Democrat, Oct. 10, 1846. Mr. Marshall M. Strong: In 1838 the Council of Wisconsin went into a ballot without having first consulted in caucus on the proper course to be pursued or the man to be selected. Party politics was then unknown. The result was that the Council voted in the dark and at random for a whole week be- fore a choice was effected. A perfect waste of time was the result. Such has been the case with all other bodies with which he had been acquainted, and the holding of caucuses had become the practice of both political parties in all political bodies. A different course would enable the Whigs to foist upon the Democratic party a man whom they did not prefer, or to de- feat any election by voting for a third man. If an election was then gone into he did not believe there would be a choice, and the necessity of an adjournment would become apparent. Nearly all if not all of the members had been chosen on party grounds and he believed that the party principles ought to be carried out by them; one of the greatest of these was to be effected by the election of the president, while a different course might be to abandon the principles on which they had been elected. If there were.family feuds among Democrats, he wanted them all settled among themselves. These were some 1846] THE CONSTITUTION OF 1846 23 of the reasons that would induce him to vote against proceed- ing to the ballot at that time. Mr. Baird did not belong to the same political party with the gentleman who had just taken his seat, though he had been elected from a county where the Democrats were the dominant party. Therefore he was on this floor representing no particu- lar party or set of men, and to promote the interest of those constituents and do the business of the country would be his object aim while here. Sorry he was to see at this early day the apple of discord, party politics, thrown into the midst of the convention, and he hoped it would be met at once and driven from the hall. The interests of the people would be best served by proceeding at once to the election of a president, without the dictation or delay of a caucus, and that course he called on gentlemen to pursue. If there be feuds among Demo- crats—family quarrels—let them settle them at home or out of this place. To elect a Whig was out of the question, and for one he could say that among the men spoken of by Democrats he would be content with one they might choose, and he was now prepared to vote for the man he preferred without further loss of time. Mr. Ryan was the man who first broached the subject of party politics in this hall, and as such he took to himself the greater share of the lashing of the gentleman from Brown. He came here to represent the people of Racine as much as the gentle- man did those of Brown, but that county had elected him on account of his political predilections, and they expected him to earry them out. He could not believe that such a nondescript as a no-party-man could be found at this day. Every man be- longed to some political party. For himself he was free to confess that he belonged to the great Democratic family, and that he came here to carry out the measures of that party. Much depended on the man placed in the presidential chair; the appointment and character of the committees depended en- tirely on him; for that reason he did care for the man. He appealed to Democrats to say if they were prepared to leave it to the Whigs to say who should be the presiding officer of the convention. For one he wanted to pursue the old method 24 WISCONSIN HISTORICAL COLLECTIONS [Oct. 5 of going into a caucus and making a selection of the man whom Democrats preferred. Equally old and wise with the saying quoted by the gentleman from Dodge was the remark of Mr. Jefferson that ‘‘majorities should rule.’’ The territory has declared for the Democrats by a decided majority, and he wanted to see the principles of that party carried into the con- stitution they were about to frame. Any other in his opinion should be rejected. He closed by again moving that the con- vention do adjourn to ten o’clock tomorrow morning.— Argus, Oct. 6, 1846. The Chair appointed Messrs. Giddings and Noggle tellers to receive and canvass the votes. The ballots were then taken and counted when the tellers reported the whole number of votes given to be 93, of which D. A. J. Upham received 33; Marshall M. Strong 26; Moses M. Strong 20; William R. Smith 10; Richard R. Smith 1; Stoddard Judd 1; M. M. Strong 1; Blank 1. No person having received a majority of all the votes given, the Chair declared that no choice had been made. The convention then proceeded to a second ballot, and the votes having been taken and counted, the tellers reported the whole number of votes given to be 93, of which D. A. J. Upham received 44; Marshall M. Strong 24; Moses M. Strong 21; William R. Smith 2; Moses Meeker 1; Blank 1. No person having received a majority of all the votes given, the Chair declared that no choice had been made. Mr. Ryan moved that the convention adjourn, which was disagreed to. The convention then proceeded to a third ballot, and the votes having been taken and counted, the tellers reported the whole number of votes given to be 93, of which D. A. J. Upham received 43; Marshall M. Strong 25; Moses M. Strong 20; Moses Meeker 2; William R. Smith 1; Blank 2. No person having received a majority of all the votes given, the Chair declared that no choice had been made. Mr. Dennis moved that the convention adjourn, which was disagreed to. The convention then proceeded to a fourth ballot, and the votes having been taken and counted, the tellers reported the whole number of. votes given to be 93, of which D. A. J. Upham received 52; Moses M. Strong 19; Marshall M. Strong 17; Moses Meeker 2; William R. Smith 2 ; Blank 1. D. A. J. Upham having received a majority of the whole number of votes upon the fourth ballot was declared duly elected president of the convention. Mr. Dennis moved that a committee of two be ap- pointed to wait on the President-elect to his seat, which was agreed to. The Chair announced the appointment of Messrs. Dennis and A. Hyatt Smith as such committee. The President, after being conducted to his seat, rose and addressed the convention as follows: Gentlemen of the Convention: It is with deep feelings and sensi- bility that I tender you my thanks for the honor you have conferred 1846] THE CONSTITUTION OF 1846 29 in electing me to preside over your deliberations. It is on no ordi- nary occasion that we are assembled. We have before us the responsi- bility of framing the organic law of the future state of Wisconsin. Should we not approach the subject, then, with calmness and deliber- ation, with a disposition to harmonize, and a fixed determination to exert our best energies to frame such a work as shall be correct in principle and at the same time acceptable to the people. Constitu- tional law, like every other science, is progressive. That which fifty years ago was deemed wise by the best of men is now behind the age; within that period the oldest states in the Union have repeatedly found it necessary to change and modify their constitutions. We have their errors and their experience before us and it is our duty to profit by them. The greatest good to the greatest numbers should be the object in local legislation ; and, as has been said by the great statesman of the age, ‘‘the blessings of government, like the dews of heaven, should be dispensed alike to the rich and poor.’’ But this cannot be secured if legislatures are permitted to grant exclusive privileges by incorporat- ing moneyed institutions, lessening the risks of the capitalist, and in- creasing his means of accumulating wealth which must come directly or indirectly from the labor and industry of the country. On most of the important principles and provisions to be incorporated in the con- stitution of Wisconsin, I presume, a large majority of this convention are united in feeling and opinion, and it is in harmonizing and arrang- ing the details for carrying out these principles that we shall 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 parliamentary law that govern legislative bodies. In this respect I feel that I shall not do you justice as your presiding officer, and it is only by relying on the assistance of friends who have more recently and longer filled seats in our legislative halls that I can ex- pect to succeed in performing the duties you have imposed upon me. That I shall often err is certain, for that is human, and this pledge only can I give you—that my errors will be those of judgment and not of feeling and intention in arriving at correct decisions; and for these I shall ask, and confidently expect on your part, a liberal and kind indulgence. On motion of Moses M. Strong the convention adjourned. Mr. Elmore moved an adjournment. Withdrawn that Mr. Judd might inquire who were the committee on rules. He wished to meet the committee at nine o’clock tomorrow morn- ing. He did not like to work at night. Thought he could ac- complish enough in the daytime. The motion to adjourn till ten o’clock tomorrow was renewed and carried.—Democrat, Oct. 10, 1846. 26 WISCONSIN HISTORICAL COLLECTIONS [Oct. 6 TUESDAY, OCTOBER 6, 1846 The journal of yesterday was read and corrected. Mr. Gray introduced the following resolution, which was read and on his motion laid on the table until tomorrow, to wit: ‘‘Resolved, That a committee of three be appointed with power to receive proposals and contract with [the] lowest and best bidder to do the incidental print- ing, and also for printing the journal of this convention, good and suffi- cient security being required for the faithful performance thereof.’ The reasons for this manner of procuring the printing of the convention were evident on the face. It was the most expedi- tious and practicable, and should be in practice. Other legis- lative bodies have adopted this method, and he [Mr. Gray] thought much time and expense would be saved thereby.— Democrat, Oct. 10, 1846. Mr. Dennis moved that the convention now proceed to the election of officers for the present session, commencing at the office of secretary, which was agreed to. Mr. Dennis suggested the laying aside of the resolution till after the election of the officers of the convention. Mr. Gray was not particular as to time; but when the sub- ject of printing came up for consideration he should adhere to his resolution; and moved to lay it on the table-—Democrat, Oct. 10, 1846. . Mr. Dennis was of opinion that this resolution might with propriety be laid aside for the present and taken up at some future time, when the organization of the convention should be more complete. To this Mr. Gray assented, with the under- standing that it should be taken up on the first opportunity. The resolution was therefore laid on the table-—Eapress, Oct. 12, 1846. Moses M. Strong nominated La Fayette Kellogg for the office of sec- retary. Mr. Crawford nominated Wm. W. Treadway for the same office. The President appointed Messrs. Dennis and Moses M. Strong tellers to receive and canvass the votes. And the votes having been ac ) vu 2O/i e —<—$— i CoMMITTEE REPORTS OF THE CONVENTION OF 1846 Photographed from the originals in the office of Secretary of State, Madison 1846] THE CONSTITUTION OF 1846 27 taken and counted the tellers appointed for that purpose reported that the whole number of votes cast for the said office was 92. Neces- sary to a choice 47—of which La Fayette Kellogg received 48 votes; Wm. W. Treadway received 41 votes; Hiram Taylor received 1 vote; and Blank 2 votes. La Fayette Kellogg, having received a majority of all the votes given, was declared by the President duly elected to the office of secretary of the convention for the present session. Moses M. Strong then moved that the remaining officers be elected viva voce, which was agreed to. Mr. Noggle nominated Hiram Taylor for the office of assistant sec- retary. And the question having been put on the said nomination, it was decided in the affirmative. Moses M. Strong nominated Edward Hayes for the office of sergeant at arms. Mr. Dennis nominated John Starkweather for the same office. The question was first put on the nomination of Mr. Hayes and was decided in the negative. And a division having been called for, there were 32 in the affirmative and 50 in the negative. The question was then put on the nomination of John Starkweather and was decided in the affirmative. Moses M. Strong then nominated Edward Hayes for the office of doorkeeper. And the question having been put on the said nomina- tion, it was decided in the affirmative. George B. Smith then nominated R. T. Davis for the office of door- keeper. And the question having been put on said nomination, it was decided in the negative. Mr. Ryan nominated Wm. Kirkpatrick for the office of doorkeeper. And the question having been put on said nomination, it was decided in the affirmative. Mr. Crawford nominated Henry Brown for the office of messenger. And the question having been put on said nomination, it was decided in the affirmative. Moses M. Strong nominated Henry Starks for the office of messenger. And the question having been put on said nomination, it was decided in the affirmative. Mr. Baker nominated Elisha Isham for the office of fireman. And the question having been put on said nomination, it was decided in the affirmative. Mr. Baker introduced the following resolution, which was adopted, to wit: ‘‘Resolved, That the secretary be directed to invite the resi- dent clergymen of Madison to attend alternately and open the conven- tion each morning with prayer.’’ Moses M. Strong introduced the following resolution, which was read and on his motion laid on the table, to wit: ‘‘Resolved, That the secre- tary prepare and cause to be printed an alphabetical list of the mem- bers of this convention.’’ William R. Smith introduced the following resolution: ‘‘ Resolved, That the following select committees, to consist of seven members each, 28 WISCONSIN HISTORICAL COLLECTIONS [Oct. 6 be raised for the purpose of having submitted to them, respectively, the several following subjects for the consideration of the convention. 1. The subject of legislation. The subject of the judiciary. The subject of the executive department. The subject of election and suffrage. The subject of a bill of rights. The subject of corporations and privileges. The subject of official appointments and tenure. The subject of learning, education, and science. The subject of the militia. The subject of currency and finance. The subject of public highways by land and water and the eminent domain of the state. The subject of internal improvement. The subject of constitutional amendments.”’ fot jt MSL OND OUP oo po coil aed g0 9 The resolution introduced by Mr. Agry on yesterday having been first withdrawn, the resolution above named was read and on motion of William R. Smith laid on the table, and 150 copies thereof ordered to be printed. George B. Smith moved that the convention now proceed to the election of a printer. Moses M. Strong moved to lay said motion on the table, which was decided in the affirmative. And a division hav- ing been called for, there were 44 in the affirmative, noes not counted. Mr. George B. Smith took occasion to offer a resolution, ““Resolved, That the convention proceed to elect a printer,’’ which was upon motion of Moses M. Strong laid upon the table by a vote of about two-thirds of the members. Mr. Smith’s exceeding anxiety to thrust forward the claims of his special favorite to that portion of the spoils raised quite a din about the ears of the gentleman.—E xpress, Oct. 12, 1846. Mr. Gray moved that the resolution introduced by him this morning relative to printing be now taken up, which was agreed to. Mr. Ryan moved to amend the said resolution by striking out the words ‘‘and also for printing the journal of this convention,’’ and pending the question on said amendment, on motion of Mr. Gray the said resolu- tion and amendment were laid on the table until tomorrow at ten o’clock A. M. Mr. Gray then called up his resolution to contract with the lowest bidder for the necessary printing, and his motion pre- vailed. 1846] THE CONSTITUTION OF 1846 29 Upon a second reading of the resolution Mr. Ryan moved that ‘‘and the journal’’ be stricken, and confine its operation to the incidental printing exclusively. Marshall M. Strong thought that although there might be a necessity for having the incidental printing of the convention done at Madison there existed no good reason why the journal of its proceedings could not as well be printed elsewhere, as it could in all probability be done cheaper and better. Mr. Strong was opposed by Mr. Dennis, who was in favor of giving the whole together, as the incidental printing would be a trifle, scarcely worth accepting, whereas the printing of the journal would cost some thousands; he was in favor of giving the fat job to the person who should do the lean ones, and to save un- necessary discussion upon the matter moved that it lie upon the table, to be brought up again tomorrow at ten o’clock, which motion prevailed.—Express, Oct. 12, 1846. Moses M. Strong introduced the following resolution: ‘‘ Resolved, That this convention will adjourn without day on Monday the twenty- sixth of October instant,’’ which was read and on his motion laid on the table. Mr. Parsons introduced the following resolution, which was adopted, to wit: ‘‘Resolved, That the members of this convention who shall hereafter introduce written resolutions place their names and resi- dence and the county they represent on the same.’’ On motion of Mr. Baker the convention adjourned until three o’clock M. Mr. Strong spoke in favor of this resolution. He was aware that it might somewhat surprise some that this subject should be introduced at this early stage of the proceedings and he merely wished to call the attention of the convention to it. He was of the opinion that with a due regard to dispatch and proper diligence in carrying on the proceedings the time al- lowed by this resolution would amply suffice for the prosecution of their duties. The people in his section of the territory were of this opinion; and he believed the people of the territory, gen- erally, were opposed to a protracted session of this body, in- volving as it would such a large expenditure of the public mon- ey. Ifthe members would therefore apply themselves diligent- ly upon the business upon which they were sent here, all the 30 WISCONSIN HISTORICAL COLLECTIONS [Oct. 6 business could be concluded in three weeks, and a useless waste of time and money be thereby prevented. The resolution was laid upon the table, to be called up by Mr. Strong when he deemed necessary. Mr. Parsons of Racine offered the following resolution: ““Resolved That members hereafter introducing written reso- lutions shall append to the same their name and the county they represent,’’? which was adopted. Mr. Chase inquired if the report of the committee on rules and regulations was not in order; and was answered by Mr. Judd, chairman of the committee. Mr. Judd said the committee had been allowed so short atime that they had been unable to finish a complete report upon the matters they had under consideration, but would do so at the earliest possible period. Mr. Ryan asked when the committee would probably be pre- pared to finish their report. Mr. Judd replied that they would most probably do so at the next meeting of the convention, at 3 P. M. Mr. Baker moved an adjournment until 2 [3] P. M. which was carried, and the convention adjourned.—Express, Oct. 12, 1846. THREE 0’CLOCK, P. M. Mr. Steele introduced the following resolution to wit: ““Resolved, That the resolution offered by the gentleman from Iowa for the ap- pointing of standing committees be taken up from the table and re- ferred to a select committee of five, to be appointed by the president of the convention, to report upon the same and to suggest and make such alterations or additions in the number and duties of the standing committees as to them shall seem proper, and that they be instructed to report tomorrow morning, immediately after the opening of the convention. ’’ Mr. Agry moved that said resolution be laid upon the table, which was agreed to. And a division having been called for, there were 45 in the affirmative and 27 in the negative. Mr. Steele thought the resolution of Mr. Smith was calculated to expedite the business of the convention at least one week and consequently save a considerable expenditure of the peo- 1846] THE CONSTITUTION OF 1846 3l ple’s money—it was this opinion alone that influenced him in offering the resolution. Upon a call for the reading of the previous resolution, the Chairman stated that, it being out of the possession of the house, in the hands of the printer, such could not be done. Mr. Ryan knew not how the paper could be out of the posses- sion of the house while in the hands of the printer any more than while the same was in the hands of the secretary. The Chair took occasion to inform the gentleman that the resolution was not literally out of the possession of the house, although constructively so. Mr. Agry moved that Mr. Steele’s resolution lie upon the table until the previous resolution was received from the print- er and read; which motion, after a few characteristic remarks from Mr. Ryan, prevailed.—Express, Oct. 12, 1846. Mr. Judd, from the committee appointed to report rules and regula- tions for the government of the proceedings of this convention, made the following report: ‘‘The committee appointed to report rules and regulations for the government of the proceedings of this convention respectfully report the following rules: “‘Wirst. The president shall take the chair at the hour to which the convention shall have adjourned, shall immediately call the members to order, and on the appearance of a quorum shall cause the journal of the preceding day to be read and corrected. “‘Second. The president shall preserve order and decorum and de- cide questions of order subject to an appeal to the convention. He shall have the right to order any member to perform the duties of the chair; but such substitution shall not exceed beyond an adjournment. He shall also appoint all committees unless otherwise directed by the convention. ““Third. The president shall be required to vote on all questions, and on calling the ayes and nays his name shall be called in alphabet- ical order as Mr. President. ‘“Fourth. After the journal has been read and corrected the order of business shall be as follows, viz: 1. The presentation of petitions. 2. The reports of committees. 3. Resolutions. Provided, That [no] resolution shall be acted upon on the same day upon which it is presented. 4. Unfinished business of the preceding day. “Fifth. The rules observed in convention shall govern as far as practicable the proceedings in committee of the whole, except that a 32 WISCONSIN HISTORICAL COLLECTIONS [Oct. 6 member may speak oftener than twice on the same subject, and that a. call for the ayes and nays, or for the previous question, cannot be made. Amendments made in the committee of the whole shall be entered on a Separate piece of paper and so reported to the convention by the chair- man, standing in his place; which amendments shall not be read by the president unless required by one or more of the members. “‘Sixth. The previous question shall always be in order in conven- tion if seconded by a majority, and until it is decided all amendments and debates shall be precluded. The question shall be put in this form: ‘Shall the main question be now put?’ And prior to the main ques- tion being put, a call of the convention shall be in order. All inci- dental questions of order arising after a motion is made for the previ- ous question and pending such motion shall be decided, whether on appeal or otherwise, without debate. “‘Seventh. A motion to adjourn shall always be in order and shall be decided without debate. ‘“‘Highth. No member shall speak more than twice to the same question without leave, nor more than once until every other member rising to speak shall have spoken. ‘Ninth. When a motion or question has been once put and carried in the affirmative or negative, it shall be in order for any member who voted in the majority or when the convention is equally divided for a member who voted in the negative to move for a reconsideration thereof on the same or the succeeding day; and when the motion be [to] re- consider is not made on the same or succeeding day, at least two days’ notice of intention to make such motion shall be given. ‘“Tenth. When a question is under debate no motion shall be re- ceived unless to adjourn, to lay on the table, for the previous question, to postpone to a day certain, to commit, to amend, or to postpone in- definitely ; and these several motions shall have precedence in the order in which they stand arranged. A motion to postpone to a day cer- tain, to commit, or to postpone indefinitely being decided, shall not be again allowed on the same day and at the same stage of the proposi- tion. ‘Eleventh. Whenever any member is called to order, he shall sit down until it is determined whether he is in order or not; and after such determination he shall be permitted to proceed in order. ‘Twelfth. The ayes and noes may be called upon any question at the request of any eight members of the convention. ‘Thirteenth. Fifteen or one-fifth of the members present may make a call of the convention and require absent members to be sent for, but a call of the convention cannot be made after the voting has com- menced ; and, the call of the convention being ordered and the absentees noted, the doors shall be closed and no member permitted to leave the room until the report of the sergeant at arms be received and acted upon or further proceedings in the call be suspended. ‘Fourteenth. A member may call for a division of the convention upon any question, either before or after a decision by the president. ‘Fifteenth. The standing hour for the daily meeting of the con- 1846] THE CONSTITUTION OF 1846 33 vention shall be ten o’clock in the morning, until the convention other- wise direct. ““Sixteenth. The rules of parliamentary practice comprised in Jef- ferson’s manual shall govern the convention in all cases to which they are applicable and in which they are not inconsistent with these rules and the orders of the convention. ““Seventeenth. No standing rules or order of the convention shall be changed or rescinded without one day’s previous notice being given of the motion therefor. Nor shall they be altered, changed, rescinded, or suspended, unless upon the vote of two-thirds of the members pres- ent.’’ The report of the committee was accepted and the committee dis- eharged from the further consideration of the subject. The question then recurred on the adoption of the report of the committee, when Moses M. Strong called for a division of the question. The President decided that the question was divisible and would be put on the adop- tion of the several rules separately. And the question having been put separately on the adoption of the first, second, third, and fourth rules reported by the committee, it was decided in the affirmative. And the question having been put on the adoption of the fifth rule reported by the said committee, it was decided in the negative. Mr. Judd, chairman of the committee on rules and regula- tions, being in order, proceeded to report the result of the la- bors of the committee. The rules and regulations contained in the report of the com- mittee were principally composed of those of the Council, with a number of revisions and innovations which somewhat dis- pleased that portion of the Democratic members comprising the Old Hunkers and gave rise to some considerable debate be- tween that portion of the party and those significantly entitled the progressive branch of the Democracy or Barnburners. The rule to abolish committees of the whole and consider all business transacted by the convention as in the convention called out Moses M. Strong, apparently the champion of the Old Hunker cause in the convention, and he gave his opinions against the practical utility of such a rule. All the experience he had had in legislative proceedings confirmed him in the be- lef that the abolishment of committees of the whole would tend directly to protract the session of the convention, and he should therefore move this rule be stricken out. 3 34 WISCONSIN HISTORICAL COLLECTIONS [Oct. 6 Mr. Judd spoke in support of the rule and said his legislative experience led him to believe that the adoption of the rule would tend directly to save time to the convention by prevent- ing useless expenditure of time in discussing questions in com- mittee of the whole, when they can, if voted down there, be again brought up before the body when in convention. He did not see how the member could be serious in offering his resolu- tion of this morning to limit the session of the convention to three weeks, when his opposition to this rule showed an evident disposition to protract it far beyond that period. He hoped the rule would be adopted. Marshall M. Strong spoke in opposition to the adoption of the rule. He was the only one in the committee who had op- posed its insertion, and he did ‘so because he was of opinion that its utility was very questionable. It was a novelty in leg- islative proceedings; his experience in such matters favored the adoption of committees of the whole. Here followed a short but somewhat exciting debate upon the question, Moses M. Strong, Wm. R. Smith, Judd, Chase, and Ryan taking part in the discussion, most of them reciting their experience in legislative proceedings, and Mr. Ryan pref- acing his remarks with the consolation that he was without legislative experience and was somewhat disposed to appeal to, the risible instead of the deliberative faculties of the members. He occupied the time of the convention but a few minutes, for which I think he should have received their thanks. The amendment offered by Moses M. Strong to strike out a portion of the rule was withdrawn, and upon the question of the adoption of the rule as it stood it was ordered to be stricken out. A decided victory for the Ancient Democracy !—Express, Oct. 12, 1846. The question was then put on the adoption of the sixth and seventh rules reported as above and was decided in the affirmative. William R. Smith moved to fill the blank in the eighth rule by insert- ing the words ‘‘one hour.’’ Mr. Judd moved to fill the blank with the words ‘‘forty-five minutes.’’ Mr. Baker moved to fill the blank with the words ‘‘thirty minutes.’? Moses M. Strong moved to fill the blank with the words ‘‘two hours.’’ Mr. Crawford moved to fill the blank with the words ‘‘six hours.’’ The President stated that the question would first be put on the longest time. And having been put on filling 1846] THE CONSTITUTION OF 1846 30 the blank with ‘‘six hours,’ it was decided in the negative. And a division having been called for, there were 26 in the affirmative and 42 in the negative. Moses M. Strong moved to amend the eighth rule by striking out all after the word ‘‘spoken’’ in the third line, which was decided in the affirmative. Said rule, as amended, was then adopted. The eighth rule, being read, was as follows: ‘‘No member Shall speak more than twice on the Same question without leave nor more than once until every other member rising to speak shall have spoken. Nor shall any member speak longer than ————_ upon the same question at any one time.’’ Mr. Moses M. Strong moved to fill the blank with two hours, and said he was opposed to having any limit to the time mem- bers should be allowed to speak; and as he could not believe that any man would occupy the time he had named, he consid- ered it equivalent to having no limit at all. Mr. Crawford moved to fill the blank with six hours, which certainly would give all the time that could be asked to make speeches in. The motion was lost, ayes 26 noes 42. Mr. Gray was opposed to the principal of gagging members and therefore would move to strike out the clause. Mr. Judd was in favor of the rule. Such a rule had been adopted by the Congress of the United States, and had been found to work well, and had received the approbation of both political parties. With such a rule there can be no harm done, in his opinion, as one hour would give ample time to any mem- ber to express his sentiments on whatever questions may arise. The necessity of the rule may be discovered when it cannot be adopted without a reflection on the conduct of some member, and then it will be too late. The better course would, in his opinion, be to adopt it now, when it would reflect on no man. Mr. Ryan denied that the length of time a man was speaking was the cause of weariness to members, but on the contrary weariness depended entirely on what a man had to say. An audience could just as well listen to one man for any given time as to forty men, and they would be just as likely to be bored with the forty as with the one. It all depended on the matter. He denied that the rule had been adopted by Congress. The Sen- 36 WISCONSIN HISTORICAL COLLECTIONS [Oct. 6 ate have never had a gag rule. Such a rule he would concede had been adopted in the bear garden, or House of Representa- tives of Congress, but nowhere else. And even there it had not worked well, either for the speakers, the hearers, or the public. Frequently, in reading the reports of speeches made in that body, he cursed the hammer of the speaker which cut off an argument in its very midst, while it not unfrequently happened that a speech of five minutes, made against time, where the speaker had nothing to say was a perfect bore to the reader. He would suggest that the rule had better read so as to order a member to stop when he has nothing more to say. Mr. Moses M. Strong denied that members would speak so long as to weary the patience of members, and he much doubted whether anyone would exceed’ the time of one hour, but he wanted no limit. The motion to strike out prevailed.—Argus, Oct. 13, 1846. The question was then put, separately, on the adoption of the ninth, tenth, and eleventh rules, as reported above, and was decided in the affirmative. Moses M. Strong moved to amend the twelfth rule by striking out the word ‘‘eight’’ in the second line, which was decided in the affirma- tive. And a division having been called for, there were 41 in the af- firmative and 37 in the negative. Moses M. Strong moved to fill the blank with the word “‘twenty.”’ Mr. Gray moved to fill the blank with the word ‘‘seven.”’ Mr. Judd moved to fill the blank with the word ‘‘ten.’’ Mr. Ryan moved to fill the blank with the word ‘‘fifteen.”’ And the question having been put on filling the blank with the word “‘twenty,’’ it was decided in the negative. The question then recurred on the motion to fill the blank with the word ‘‘fifteen.’’? And having been put, it was decided in the affirma- tive. And a division having been called for, there were in the affirma- tive 46 and 35 in the negative. The rule, as amended, was then adopted. The fifth rule, being read, was as follows: ‘‘ All propositions shall be considered in the convention and not in committee of the whole.’’ ._Mr. Strong was opposed to this rule as an innovation upon all rules of legislation. No legislative body had to his knowledge dispensed with a committee of the whole. 1846] THE CONSTITUTION OF 1846 37 Mr. Judd was somewhat surprised that the gentleman from Iowa should oppose the rule under consideration, when he had just offered a resolution that the convention do adjourn in three weeks. The time spent in committee of the whole was, in his opinion, time spent in vain. In the convention in the state of New York a week’s time had been spent in committee of the whole in debating whether the governor should be thirty years of age and a freeholder, and another week was spent in the con- vention on the same question. So here, when a question has been fully debated in the committee, it will be again brought up in the convention and the whole ground traveled over again. Many members will vote in committee, and propositions may be incorporated in committee, which the convention will reject. These were the reasons that influenced the committee to report the rule, and he hoped that gentlemen would see the necessity of its adoption, and especially those who were so anxious to ad- journ at an early day. The president of the convention can take part in the debate by calling some other member to the chair as is provided by another of the rules, so that the objec- tion on that ground went for nothing. Mr. Marshall M. Strong was one of the committee who re- ported these rules, but to this particular one he had objected and still did object. It was an innovation upon legislation which he did not believe would operate well. The adoption of the rule would spread a great many motions on the journal which otherwise would not find their way there, thus imposing labor on the clerk and lumbering the journal with unnecessary matters. In reply to the gentleman from Dodge, Mr. Judd, he said that in his opinion the president would never avail him- self of the privilege granted him by the rule allowing him to call some member to the chair. No president would get up in his place and say to the convention, ‘‘Gentlemen I wish to speak on this matter.’’ The consequence then of the adoption of the rule would be to deprive the convention of the advice and ex- perience of the president. The continuance of the committee of the whole will save calling the ayes and noes a great many times, and thereby save the time of the convention. How much time would be consumed in making these calls he was not pre- 38 WISCONSIN HISTORICAL COLLECTIONS [Oct. 6 pared to say, but it would be found to amount to considerable. In his opinion the business of the convention would be expe- dited by the committee of the whole, rather than retarded as had been suggested. Mr. William R. Smith was also one of the committee and was in favor of the rule as reported. He would grant that it was an innovation on legislation, but that was no reason why it may not be adopted here, and operate well. It was expected that the committees would prepare and perfect their business. True, that, in legislative bodies, this was not the case; hence the propriety of having the committee of the whole; but such he hoped would not be the case with this convention. Propo- sitions would be laid before them, and the only question would be to receive or reject the same, one to amend being seldom if ever entertained. If this be the true ground, and he thought it was, the time of the convention would be saved by the adoption of the rule. Mr. Moses M. Strong said his object in opposing the adop- tion of the rule was to save the time of the convention as far as possible. But he could not believe that the rule would have that effect, but a contrary one. He could not, as he said before, see why this body should mark out a course different from that pursued by all other legislative or conventional bodies. He must disagree with his colleague in the opinion that it would be a saving of expense. Committees will report the various mat- ters referred to them, but those reports will be but the report of the opinion of seven or some other number of men, and the con- vention in all probability would see fit to amend the same; if this be done in the committee of the whole, the amendments will not be spread on the journal and the ayes and noes will not be called. How much time will be spent in calling the ayes and noes of this body cannot be at present determined. He would suppose that it could be done in fifteen minutes, and he thought that was too short rather than too long a time; then four calls, which could be demanded, as the rules now stood, by any eight members would consume one hour, and twelve times three hours or a half a day’s session; and in the heat of debate gentlemen would have no care for expense or time when they would call 1846] THE CONSTITUTION OF 1846 39 for these ayes and noes. But he was told that the same ques- tions would be raised in the house which had been settled in committee of the whole. For such a course the convention had a remedy in the previous question, and when an effort to spend the time of the house unnecessarily should be discovered that question most certainly would be called. Mr. Ryan was opposed to the rule and hoped it would not be adopted. In addition to what had been said by others, in which he concurred, he had another reason. The rule in his mind was founded in the bad opinion of the committee of the convention itself—that the convention will spend its time in en- tertaining improper questions, if the committee of the whole be allowed. It would be true that there would be many things suggested, some of which would be favorably received, and some rejected. Mr. Ryan could not make up his mind that the convention was composed of such obstinate materials as the committee had seemed to think. The opposite practice has been found to act well and he was not so progressive as to wish to change that which has always been found to work bene- ficially. Mr. Chase said most of the members of this convention were new hands at legislation; but he understood that this rule was an innovation of the old practice, and for which he had as yet heard no reason. (Mr. Chase made some further remarks which were not fully caught by the reporter.) The question was then taken on the rule and it was lost by @ very decisive vote. * * * The twelfth rule, being read, was as follows: ‘‘The ayes and noes may be called upon any question at the request of any eight members. ’’ Mr. Moses M. Strong moved to strike out ‘‘eight’’ and in- sert ‘‘one-fifth of the members present.’’ That was the num- ber required by the Constitution of the United States for the House of Representatives of Congress. Mr. Elmore had heard a great deal said about Progressive Democracy, but this motion was retrogressive, or the gentleman from Iowa did not belong to the progressive party. When the Whigs were all told, there were but sixteen of them, and one- 40 WISCONSIN HISTORICAL COLLECTIONS [Oct. 6 fifth of one hundred twenty-five, twenty-five. If the motion of the gentleman from Iowa was adopted, he would place it out of the power of the Whigs to call for the ayes and noes. He did hope that the dominant party would at least allow the Whigs to have a show. Mr. Moses M. Strong would ever be ready to allow the Whigs, few as they were, to vote on all questions. Mr. Chase was in favor of the rule as it then stood, and op- posed to having one-fifth, as it would take considerable time _ to determine what number would constitute one-fifth of those present. Mr. Moses M. Strong could not think there would be as much difficulty as was supposed by members, but he would modify his motion so as to strike out ‘‘eight’’ and leave a blank. The mo- tion prevailed. Mr. Strong then moved to fill the blank with ‘‘twenty.’’ Lost. Mr. Ryan moved ‘‘fifteen’’; which carried.— Argus, Oct. 13, 1846. Several other points of minor consideration contained in the report were discussed, among others, that relating to the num- ber necessary to call for a division of the house, in which Mr.. Elmore from Waukesha, Moses M. Strong, and Ryan partici- pated. Mr. Elmore wished the Whigs to have a small chance to make themselves heard in the convention—was aware they were but a small proportion of those present, but still he thought they should be allowed a chance to show that still they were there. He hoped the convention would reduce the number required for a call for a division as low as possible. It was finally decided that fifteen should be necessary for such a call_—Euapress, Oct. 12, 1846. Moses M. Strong moved to amend the thirteenth rule by striking out the words ‘‘one-fourth’’ in the third line, which was decided in the affirmative. And a division having been called for, there were in the affirmative 40 and 15 in the negative. Mr. Chase moved to fill the blank with the word ‘‘fifteen.’? Mr. Judd moved to fill the blank with the word ‘‘twenty-five.’? And the question having been put on said last motion, it was decided in the 1846] THE CONSTITUTION OF 1846 41 negative. The question then recurred on filling the blank with the word ‘‘fifteen.’’ [And] having been put, it was decided in the affirm- ative. Mr. Ryan moved further to amend the said rule by inserting after the word ‘‘fifteen’’ in the first line the words ‘‘or one-fifth,’’ which was decided in the affirmative. Said rule, as amended, was then adopted. Moses M. Strong moved to amend the fourteenth rule by striking out the words ‘‘by tellers’’ in the second line, which was decided in the affirmative. Said rule as amended was then adopted. The question was then put on the adoption of the sixteenth rule, and decided in the affirmative. Moses M. Strong moved to amend the seventeenth rule by striking out the word ‘‘suspended’’ in the second line. And having been put, it was decided in the affirmative. Said rule as amended was then adopted. Marshall M. Strong moved to amend the report of the committee by inserting the following as rule fifth: ‘‘Fifth. The rules observed in convention shall govern as far as practicable the proceedings in committee of the whole, except that a member may speak oftener than twice on the same subject, and that a call for the yeas and nays or for the previous question cannot be made. Amendments made in the committee of the whole shall be entered on a separate piece of paper and so reported to the convention by the chairman, standing in his place; which amendments shall not be read by the president, unless required by one or more of the members,’’ which was decided in the affirmative. On motion of Mr. Judd [it was] ordered that 200 copies of the rules just adopted be printed for the use of the members of this convention. Moses M. Strong introduced the following resolution, which was adopted, to wit: ‘‘Resolved, That 200 copies of the rules adopted for the government of the convention be printed in pamphlet form, to- gether with a list of the standing committees, the names of the mem- bers of the convention, together with their residences and boarding houses. ’’ On motion of Mr. Lovell the resolution to refer the resolution for the appointment of standing committees to a select committee was taken up, when Mr. Judd moved to amend said resolution by striking out the word ‘‘five’’ in the third line and inserting the word ‘‘seven”’ in lieu thereof. Mr. Steele accepted the said amendment as a modifi- cation to the original resolution. Mr. Baker moved further to amend said resolution by striking out the word ‘‘seven’’ in the third line and inserting the word ‘‘thirteen’’ in lieu thereof, which was decided in the affirmative. The said resolution as amended was then adopted. The President announced the appointment of the following commit- tee under the resolution above named, to wit: Messrs. Steele, Baker, A. Hyatt Smith, [Graham, Reed, Agry, George B. Smith,] Dennis, Moses M. Strong, Phelps, Bevans, Préntiss, and Ryan. 42 WISCONSIN HISTORICAL COLLECTIONS [Oct. 6 Mr. Chase presented the following resolution which was read and on his motion laid on the table, to wit: ‘‘Rcesolved, That each mem- ber of this convention be furnished with forty copies of any paper published in Madison during the session of the convention.’’ On motion of Mr. Lovell the convention adjourned. 1846] THE CONSTITUTION OF 1846 43 WEDNESDAY, OcToBER 7, 1846 Prayer by the Rev. Mr. Miner. The journal of yesterday [was] read and corrected. Mr. Crawford presented the credentials of George Hyer, from the county of Jefferson, and on his motion said Hyer was admitted to a seat as a member of this convention. Mr. Baker presented the credentials of Israel Inman Jr. and San- ford P. Hammond, who were on his motion admitted to seats as mem- bers of this convention. Nathaniel F. Hyer introduced the following resolution, which was read and laid over under the rule until tomorrow morning, to wit: “‘Resolved, That the clerk of the supreme court, the clerks of the sev- eral district courts, and the registers in chancery be and they are hereby requested to furnish for the information of this convention a statement showing: First, The number of suits commenced in their respective courts during the year ending on the first day of October, 1846 ; second, the number of trials had and suits disposed of; third, the amount of money collected during the same term, exclusive of costs; fourth, the amount of costs and fees charged in the business of their respective courts during the same term by clerks, registers in chancery, sheriffs, and all other officers of their respective courts, witness’ fees, and the amount of attorneys’ fees, as near as they can estimate the same.’ é Mr. Steele, from the select committee to whom was referred the resolution of Wm. R. Smith referring several subjects to appropriate committees, made the following report: “‘The committee to whom was referred the resolution for the ap- pointment of certain select committees therein named beg leave to re- port that they have duly considered the resolution referred to them and report the same back with the following amendments: “Strike out the word ‘seven’ in the first line, and insert instead thereof the word ‘five,’ and strike out all after the word ‘convention’ in the third line, and insert as follows: . On the constitution and organization of the legislature. . On the powers, duties, and restrictions of the legislature. . On the executive of the state. . On the organization and officers of counties and towns, and their powers and duties. On the organization and functions of the judiciary. On municipal corporations. On banks and banking. On corporations other than banking and municipal. . On a bill of rights. ONAN Popp 44 WISCONSIN HISTORICAL COLLECTIONS [Oct. 7 10. On a preamble. 11. On suffrage and elective franchise. 12. On the militia. 13. On education, schools, and school funds. 14. On finance, taxation, and public debt. 15. On internal improvements. 16. On miscellaneous provisions not embraced in the subjects com- mitted to other committees. 17. On amendments to the constitution. 18. On the act of Congress for the admission of the state. 19. On the name and boundaries of the state. 20. On the schedule for the organization of the state government. 21. On the eminent domain and property of the state. 22. On the revision and adjustment of the articles of the consti- tution, adopted by the convention. ‘* All of which is respectfully submitted. E. STEELE, of Racine, Chairman of Committee.’’ The report of the committee was accepted and the committee dis- charged from the further consideration of the subject. The question having been put on the adoption of the report of the committee, it was decided in the affirmative. Mr. Dennis moved that 200 copies of the above report be printed, which was decided in the affirmative. Mr. Parks introduced the following resolution, to wit: ‘‘Resolved, That this convention elect a second assistant secretary,’’ which was laid over under the rule. The following resolution introduced yesterday by Mr. Chase was then taken up, to wit: ‘‘Resolved, That each member of this conven- tion be furnished with 40 copies of any paper printed in Madison during the session of the convention.’’ Mr. Judd moved to amend said resolution by striking out the number 40 and inserting the num- ber 25 in lieu thereof. Mr. Baker moved to amend the amendment by striking out the number 25 and inserting the number 3 in lieu thereof. Mr. Lovell called for a division of the question. And the question having been put on striking out the number 40, it was decided in the affirmative. And a division having been called for, there were 50 in the affirmative, negative not counted. Moses M. Strong moved to fill the blank with the number 260. Mr. Baird moved to fill the blank with the number 30. Mr. Kinney moved to fill the blank with the number 15. And the question having been put on filling the blank with the number 260, it was decided in the negative. The question then recurred on filling the blank with the number 30 when John Y. Smith was excused from voting on the said question. And the question having been put, it was decided in the negative. And the ayes and noes having been called for and ordered, those who voted in the affirmative were [affirmative 30, negative 62; for the vote see Appendix I, roll call 1]. 1846] THE CONSTITUTION OF 1846 45 Mr. Lovell moved to fill the blank with the number 20 and subsequently withdrew the motion, which was renewed by Marshall M. Strong. Moses M. Strong moved to postpone the resolution until the fourth day of July next. And the question having been put upon said motion, it was decided in the negative. Moses M. Strong then moved to lay the said resolution on the table, which was decided in the negative. Mr. Baird then moved to fill the blank with the number 25, which was decided in the negative. And a division having been called for, there were 35 in the affirmative, negative not counted. The question then recurred on filling the blank with the number 20 [which was decided in the affirmative]. And a division having been called for, there were 57 in the affirmative, negative not counted. Mr. Lovell moved further to amend the resolution by inserting after the word ‘‘Madison”’ in the third line the word ‘‘weekly,’’ which was decided in the affirmative. George Hyer moved further to amend the resolution by adding thereto the words ‘‘and that the printer be paid the sum of five cents per copy for said papers.’’ Mr. Giddings moved to amend the amend- ment by striking out the number 5 and inserting the number 4 in lieu thereof, which was decided in the affirmative. And a division having been called for, there were 48 in the affirmative and 10 in the negative. The question then recurred on the adoption of the amendment as amended. And having been put, it was decided in the affirmative. Mr. Ryan then moved further to amend the resolution by inserting after the words ‘‘every member of the convention’’ the words ‘‘for distribution among his constituents,’’ which was decided in the affirma- _ tive. And a division having been called for, there were 36 in the affirmative and 28 in the negative. The question then recurred on. the adoption of the resolution as amended. And having been put, 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 58, negative 37; for the vote see Appendix I, roll call 2]. The resolution offered by Mr. Chase yesterday was an- nounced the next business in order. Mr. Judd offered an amendment to the resolution substi- tuting twenty-five in place of forty copies. Mr. Steele was opposed to the amendment. This was not a matter to benefit the members, but to benefit the people—their constituents—that they might know what we were doing here, and that they might vote understandingly on the results of this convention when it was presented to them. He was in favor of the original motion. 46 WISCONSIN HISTORICAL COLLECTIONS . [oet. 7 Mr. Chase represented alone the Democracy of Fond du Lae, and he wanted to let the whole people of his county hear how they were conducting the great interests confided to this con- vention. He hoped the original motion would not be altered. Mr. Ryan said that there was an economy that saves money and an economy that spends money—an economy that saves pennies and spends pounds. If there is a breeze that blows from us to our constituents, and from them to us, there was a reciprocal influence that resulted in good, both to them and to us. They were informed of our proceedings, and we were subject to the expression of the popular will. They could vote understandingly on the deliberation of this body—we act know- ingly on the wishes of our constituents. We represent, at an average, 1,300 people, and they should all know, as they were anxious to know, what we were doing here. Moses M. Strong went against this mode of procuring pa- pers altogether. He wanted to show the effect. This resolu- tion proposes to furnish forty papers weekly to each delegate. Although he hoped the session would not last longer than three weeks, yet it was thought by many that eight weeks would be consumed; and, at the number proposed, forty thousand pa- pers would be furnished at an expense of $2,000. Every man interested in the proceedings of this body knew what we were doing; those who did not care would not be informed by our sending to their door a copy of our proceedings. This was a dishonest expenditure of the people’s money. We had no right to do it. To distribute forty papers among 1,300 people afforded a communication to but a small part. It was taxing the great body to benefit the few. This was a small means of electioneering—to pamper a few who might be pleased—but many would hardly thank their representatives for such a manifestation of regard as an isolated newspaper. He wanted the people to know and understand this policy. Mr. Baker thought that three copies were sufficient. There were three papers published here, and inasmuch as the journal was not printed daily, it was necessary that the members should have something by which to watch their progress—and this was all that should be granted to members. This resolu- 1846] THE CONSTITUTION OF 1846 47 tion was making a bad precedent, as well as being wrong in principle. (Remarks from several gentlemen who followed were lost.) Mr. Ryan wished to add a word as to expense. There were 125 members. The expense would be $250 per week; a small item of expense in comparison with the object. He did not think the amount would be better expended. He thought when they sat in private—as in private they must sit in this town— we should take means to let people know what we were doing. A Democrat in private belonged to the retrograding Democ- racy, and not to the progressive Democracy. It was a Democ- racy that grew out at the tail and not at the head. He wished that all his constituents and the constituents of every member could be where they might hear and see the action of this convention. For the sake of advising the people of the doings of this body, this expenditure would be better appropriated than in any other way. A gentleman had remarked that this, like the dews of heaven, would not fall equally. He did not think so. During the session everybody was interested in the proceedings. His constituents had tongues and they talked, and that [sic] their action would reach his 1,300 constituents, men, and women, too, for they also looked here for protection. If the principle held good in one ease it must also in another. All were taxed for the support of the judiciary, but no one would assume from this that all were litigants. And if the principle contended for by those opposed to this resolution, the lobby members of our legislative bodies should be taxed at least three-fourths of the expense of such bodies. Mr. Moses M. Strong thought $250 per week a large expendi- ture. But his chief objection was not reached by the gentle- man from Racine. His constituents did not live in villages to loiter about the streets, but digging away among the mineral and striking for a new lead. They were all interested in the proceedings of this convention, and every man fit to have a paper took one; and the exchange of papers furnished them with all that transpired here. Mr. Kellogg said the entire economy was bad. His constitu- ents derived all their news from their county papers, and through these they would know of the proceedings of this body. 48 WISCONSIN HISTORICAL COLLECTIONS [Oct. 7 The amendment was then put and carried. Mr. Moses M. Strong moved to insert 260. Lost. Mr. Baird moved 30. Mr. Moses M. Strong moved an indefinite postponement. Decided out of order. Mr. Marshall M. Strong renewed the motion of his colleague. Mr. Moses M. Strong moved to postpone till the fourth of July, 1847. Mr. Marshall M. Strong raised the point of order. Mr. Baker thought the question was the filling of the blank. No other motion could be entertained until all the series of numbers were voted upon. The President decided that the motion to postpone was in order—that it was not within the knowledge of the Chair to what length the session might be protracted. Marshall M. Strong appealed from the decision. He said this was but a motion, and did not require a renewal of any amendment, and was not decided until the blank was filled. The convention had not decided on any number when they voted down 260. He thought the motion was equivalent to an indefinite postponement. The decision did away with the rule. The friends of a measure could be put down at once if this decision prevailed. The President must have understood the question as he had; else why had he taken down the members as they were named. Moses M. Strong said he supposed the question was on the decision ‘‘Shall the Chair be sustained?’’ The decision was that he was in order. The original resolution had not been disposed of. If the first was not disposed of he had a right to make the motion to postpone. Each was a decided and par- ticular motion. He would admit that a motion to postpone to a day certain, beyond the probable session, was tantamount to an indefinite postponement. The decision of the Chair was very correctly made. He thought the convention might not adjourn before the fourth of July, 47, if the doings of the morning were to be the criterion. The President said he had not had time to consider the ques- tion, but he should be happy to be corrected if wrong. He then 1846] THE CONSTITUTION OF 1846 49 stated the question when Marshall M. Strong withdrew his mo- tion. The motion of indefinite postponement was then put and lost. Moses M. Strong then moved to lay on the table. Lost. The Chair put the question on filling the blank with 25. Lost. Mr. G. B. Smith was of opinion that 40 would have been a proper number. It was necessary that the public have the in- formation to decide on the constitution this convention will present. He wanted to know that if im a community of sixty by distributing a few papers they would be all informed of the doings of this body. If the people did not hear what we did it was unnecessary for us to do. The production of this body was to be placed immediately before the people for their ac- ceptance or rejection. The papers had reporters, and, by send- ing them to the people, misapprehensions would be corrected and perhaps the entire labor of this convention saved from a rejection founded on inadequate knowledge of its proceedings. After some slight further discussion, the motion to fill the blank with 20 was put and carried. Mr. Ryan offered an amendment to insert the word ‘‘weekly”’ before the word ‘“‘papers.’’ Carried. Mr. G. Hyer moved the printers be allowed five cents per copy. Mr. Giddings moved four cents. Moses M. Strong did not see the necessity of swindling the printer. Mr. Judd thought the printer could afford it. Mr. G. Hyer said if they would pay for them in advance it would answer. The amendment was adopted. Mr. Ryan moved another amendment, to wit: by inserting “‘for distributing among their constituents.”’ ; Mr. Elmore asked—‘‘Why gild the pill?’’ He could not see what right the convention had to bind him to send his pa- pers. Mr. Ryan did not vote for the resolution on any other prin- ciple than that the papers were for distribution, and if the 4 50 WISCONSIN HISTORICAL COLLECTIONS [Oct. 7 gentleman from Waukesha did not want his papers, the peo- ple would not have them to pay for. The amendment was carried. Moses M. Strong said that for the purpose of allowing the retrograding crawfishing Democracy the privilege of record- ing their votes he would call for the ayes and nays. Mr. Wakeley wished the matter understood. He was not a stranger to Democracy, and to progressive Democracy. He did not expect to answer the arguments offered, but it appeared to him to be opposed to Democracy. He did not believe his constituents sent him here to tax them for papers. If a bill to have the members themselves taxed for this purpose, how many votes would it receive? He opposed it on the ground that it was antidemocratic to force a tax upon the people for a paper they, perhaps, did not want. Mr. Steele said much had been said about the expense of furnishing the people with the proceedings of the convention. The proceedings of yesterday and today cost $500, and little but.‘useless discussion had taken place. This amount would have done much towards placing the convention and its pro- ceedings before the people. And if gentlemen wished the do- ings of this convention understood as we progress, more active exertion should be adopted. In voting for this measure he voted his own taxation as well as that of his constituents. Mr. Kellogg said we could not shut out the information from the people—they would have it. He thought it a waste of pub- lic money. He believed that we were establishing a precedent that was entirely wrong. The ayes and nays were called, which resulted as follows: [ayes 58, noes 37; for the vote see Appendix I, roll eall 2].— Democrat, Oct. 10, 1846. The unfinished business coming up in order, the resolution offered yesterday by Mr. Chase was taken up. Moses M. Strong moved for a call of the yeas and nays. Mr. Judd wished the resolution read before being submitted —was under the impression that its reading was not as definite as might be, as it does not state whether the forty papers in- 1846] THE CONSTITUTION OF 1846 dl tended for the members should be weekly or for the whole ses- sion. If the former, the number was too large, and if the lat- ter, as much too small. He would offer an amendment previ- ous to the vote being taken. W. R. Smith inquired if the intention of the resolution was to apply to any particular paper and was answered in the negative by the Chair. Mr. Judd would amend the resolution so as to read 25 in- stead of 40 newspapers. Mr. Steele thought the number contained in the resolution not one too many for the thousands of the constituents repre- sented in this body; it was necessary that they should know what was being done in this convention from day to day, and this was the only method of placing such information before them, and therefore advocated the passage of the resolution without amendment. Mr. Chase spoke in opposition to the amendment; he was the only Democratic member from his county, and so small a num- ber would go but a little way in furnishing the Democrats in his county with papers advocating Democratic principles and measures. Both his colleagues were Whigs, and they could supply the Whigs with twice the number he would be able to distribute. Mr. Elmore thought twenty-five sufficient ‘to supply the peo- ple with all the information they could desire—he believed his colleagues would make no distinction between Whigs and Democrats in the distribution they would make. Mr. Ryan had heard of one description of economy that saves, and another that wastes, and was inclined to think this matter ranked with the latter—it was decidedly a ‘‘penny-wise and pound-foolish’? movement. This convention would no doubt remain in session some considerable time, and unless the people were aware of what they were doing they might depart materially from the course most satisfactory to them. With the proceedings placed before them from time to time, they would be enabled to form a good idea of what was doing, and, if not satisfactory, proceed at once to remedy the evil. For his part he was open to the instructions of those 52 WISCONSIN HISTORICAL COLLECTIONS [Oct. 7 whom he represented in this body. It was intended that the constitution produced by this convention should be submitted for the approval of the people, and their being acquainted with the details of its proceedings would enable them to form a cor- rect opinion of its merits and demerits, but if they should be kept in the dark they might be led to reject this constitution from a want of sufficient time to consider upon its merits and demerits, and the whole cost of this convention thus be thrown away, whereas they might be saved by the judicious expenditure of a few picayunes. Moses M. Strong took grounds against the members being allowed any papers at the public expense; considered such a distribution dishonest in effect against the interest of the tax- payers. He gave statistics to show the enormity of the expense, amounting to some $2,000 during a session of eight weeks, and every gentleman should consider the expediency of such a prec- edent upon the very commencement of our progress. He knew no equal distribution could be made of forty or twenty-five pa- pers a week; some prominent men would be burdened with three or four, and the great majority never see one; yet all were compelled to pay alike for them. They would be used to flatter the pride and vanity of a favored few for mere election- eering purposes, at the expense of the great mass of the people. His constituents were as anxious as any others in the territory to receive information of the progress of this convention; yet they were as anxious to pay for it. He hoped the measure would not prevail. Mr. Baker would favor the substitution of 3 instead of 40, for the personal reference of the members; and, as there was to be no publication of the journal, he was of opinion that this number was actually necessary to have before them the pro- ceedings from day to day. Mr. Steele opposed any amendment; gave the convention to understand that he ranked among the ‘‘ progressive’? Democ- racy; would have knowledge distributed among the people as far as possible; was opposed to the principle of depriving children of an education to save the paltry sum to pay a school- 1846] THE CONSTITUTION OF 1846 53 master ; and thought it a foolish plan to keep the people in the ‘dark in regard to the proceedings of this convention. Mr. Judd spoke in advocacy of his amendment. He did not quite understand all that had been said upon ‘‘progressive’’ Democracy and the age of improvement, since the commence- ment of the session. If it meant the equal distribution of public benefits among the people, he was of that party; but if other- wise, he was no Progressive Democrat, but he claimed to belong to the progressive party ‘‘as he understood it.’’ But he thought the precedent a bad one with which to commence the proceed- ings of a convention to form the organic law of our future state, and would therefore like to see the number reduced. Mr. Ryan again took the floor to oppose any amendment and was followed by Moses M. Strong, who argued the expediency, economy, and propriety of abolishing the practice of furnishing papers to members. Mr. Crawford, of Milwaukee, advocated the adoption of the resolution without amendment. The call for a division upon the amendment was sustained, and the question, being put, was decided in the affirmative. The resolution thus reads 20 instead of 40 papers. George Hyer moved an amendment, to wit: ‘‘That the printers be allowed five cents each for such newspapers.’’ This gave rise to another grave discussion. Mr. Dennis thought the printer ought to furnish them for four cents, as he could afford to wholesale them cheaper than he could retail them. Mr. Hyer remarked that the printers could make nothing by furnishing the papers at five cents, as he knew from experience, He was a printer himself, and had furnished papers to legisla- tive bodies, so that he considered himself competent to judge of this matter. The expense attending the report of the proceed- ings increased the ordinary cost of getting up the paper. Mr. Giddings was in favor of reducing the price to four cents. Moses M. Strong thought this a poor business. While they were compromised in regard to the matter, the convention should not shrink from their position by swindling the printers. 54 WISCONSIN HISTORICAL COLLECTIONS [Oct. 7 Mr. Judd thought they could be afforded for four cents and would vote for such reduction. After some three hours more spent in discussing this subject, Messrs. Ryan, Moses M. Strong, Kellogg, Steele, George B. Smith, and others taking part therein, it was finally put and carried that the resolution should read thus: “Resolved, That each member of this convention be furn- ished with 20 copies of any paper published in Madison, week- ly, for distribution among their constituents, and the printer be allowed four cents each for the same.’’—E press, Oct. 12, 1846. Mr. Crawford presented the credentials of James M. Moore, a mem- ber of the convention from the county of Waukesha, who, on his mo- tion, was admitted to his seat as such member. Moses M. Strong moved that the convention adjourn, which was de- cided in the affirmative. And a division having been called for, there were 53 in the affirmative, negative not counted. So the convention ad- journed until tomorrow morning at ten o’clock. 1846] THE CONSTITUTION OF 1846 55 THURSDAY, OcToBER 8, 1846 Prayer by the Rev. Mr. Miner. The journal of yesterday was read and corrected. Mr. Hyer presented the certificate of election of Peter H. Turner as a delegate to this convention from the county of Jefferson. And upon his motion he was admitted to a seat. Mr. Dennis presented the certificate of election [of] John H. Mana- han as a delegate to this convention from the county of Dodge. And upon his motion he was admitted to a seat. Mr. Baker presented the certificate of election of Wm. C. Green as a delegate to this convention from the county of Green. And upon his motion he was admitted to a seat. The resolution introduced by Mr. Gray on the sixth instant relative to printing was then taken up, when Mr. Baker moved to amend said resolution by striking out all after the word “*Resolved,’’ and insert- ing as follows: ‘‘That Benjamin Holt be employed to do the incidental printing of this convention, and to print the journal of its proceedings, Provided, that he shall execute to the treasurer of the territory a bond, to be approved by the governor, with one or more freeholders as sure- ties, in the penal sum of $2,000, conditioned for the faithful perform- ance of such work.’’ Mr. Elmore offered the following as a substitute to the amendment, to wit: ‘‘Strike out all after the word ‘Resolved’ and insert ‘That a printer to the convention be elected forthwith viva voce, and the mode of conducting the election shall be by calling the names of the members from the list of ayes and noes, and every member shall answer the name of the person for whom he votes, and a statement of the vote [shall be recorded] at length on the journal.’ ’’ And the question hay- ing been put on the adoption of said substitute, it was decided in the affirmative. Mr. Elmore said he had an amendment to the amendment. He wanted to see the Retrograding Democracy and the Pro- gressive Democracy and the Whigs come straight up to the mark. He did not wish members to sneak behind a secret vote. He never gave a vote he was ashamed to record, and he hoped to see every man’s vote ina tangible form. He therefore moved to strike out all after the word “‘ Resolved’’ and insert “That a printer to the convention be elected forthwith viva voce, and the mode of conducting the election shall be by calling the names of the members from the list of ayes and nays, and every mem- ber shall pronounce the name of the person for whom he votes, 56 WISCONSIN HISTORICAL COLLECTIONS [oct. 8 and a statement of the vote in all its details shall be rendered at length on the journal.’’ Moses M. Strong asked if the gentleman supposed he could scare a Democrat by such a proposition. There was no gentle- man of the Democratic party but what was ready and willing to record his vote on this or any other question as were the Whig members. He was here to vote for his constituents, and he did not wish to hide himself behind a secret ballot. Mr. Beall was prepared for this question—all were prepared. The ayes and noes had no terrors for him—it had no terrors for anyone. He rose to express the hope that the scenes of yesterday were not to be revived.—Ezpress, Oct. 12, 1846. Mr. Beall was prepared to vote for the printer now and was before he entered this room and he believed every gentleman was equally prepared. Ayes and noes on all questions had no terrors for him; he was always prepared to show his constitu- ents how he had voted in this body. His whole object in ris- ing was to urge upon the convention the necessity of voting at once on the question and not reénact the scenes of yesterday. The question was taken and the substitute prevailed.—Argus, Oct. 13, 1846. The question then recurred on the adoption of the resolution as amended. And having been put, it was decided in the affirmative. Whereupon the convention proceeded to the election of a printer to the convention in accordance with said resolution. And the names of the several members having been called they voted as follows: Those who voted for Beriah Brown were: Messrs. Barnes Babcock, Baird, Hiram Barber, Burnside, Warren Chase, Cooper, Coxe, Craw- ford, Cruson, Dennis, Dickinson, Doty, Drake, Dunning, Edgerton, Ellis, Fitzgerald, French, Gibson, Giddings, Goodell, Goodrich, Good- sell, Graham, Granger, Gray, Harkin, Hazen, Hesk, Hill, James, Jans- sen, Judd, Asa Kinne, Meeker, Moore, O’Connor, Parks, Mr. President, Rankin, Reed, Rogan, George B. Smith, William R. Smith, Steele, To- land, Turner, Vliet, White, and Wilson—50. Those who voted for Benjamin Holt were: Messrs. Agry, Atwood, John M. Babcock, Baker, Beall, Bell, Bennett, Bevans, Bowen, Bowk- er, Boyd, Hiram Brown. Chamberlain, Fuller, Green, Geo. B. Hall, James H. Hall, Hammond, Huebschmann, Geo. Hyer, Nathaniel F. Hy- er, Inman, Jenkins, Kellogg, Kern, Lovell, Madden, Mills, Noggle, Park- inson, Phelps, Pierce, Prentiss, Ryan, Seaver, A. Hyatt Smith, Sewall Smith, Soper, Marshall M. Strong, Moses M. Strong, Topping, Wakeley, Whiteside, and Willard—44. 1846] THE CONSTITUTION OF 1846 57 Those who voted for Wm. W. Wyman were: Messrs. Burchard and Elmore—2. Beriah Brown, having received a majority of all the votes cast, was declared by the President duly elected printer to the convention. Mr. Moses M. Strong: Mr. President, will the Whig vote be counted for Mr. Brown? President: That question must be settled in caucus. Mr. Ryan: I understand that caucuses have been exploded from this body.—Argus, Oct. 13, 1846. The following resolution, mtroduced on yesterday, was then taken up, to wit: ‘“‘Resolved, That this convention elect a second assistant seeretary,’’ and on motion of Mr. Giddings the resolution was laid on the table. The resolution for electing a second assistant secretary was announced the next business in order. Mr. Ryan wished to know if one was wanted. The Secretary answered that for the present they could write out the proceedings, but that it was necessary to copy them in- to a book, and that by and by another secretary would be nec- essary to do this part of their duty.—Democrat, Oct. 10, 1846. The resolution introduced on yesterday calling upon the clerks of the different courts in the territory for certain information was then taken up, when Moses M. Strong moved to lay the said resolution on the table, which was decided in the affirmative. And a division having been ‘ealled for, there were 47 in the affirmative and 28 in the negative. On motion of George B. Smith the convention adjourned until four o’clock, P. M. FOUR O’CLOCK, P. M. The President announced the appointment of the following standing committees, to wit: 1. On the constitution and organization of the legislature: Messrs. Marshall M. Strong, Baird, Tweedy, Madden, and Cooper. 2. On the powers, duties, and restrictions of the legislature: Messrs. Agry, Bell, Hesk, Jenkins, and Inman. 3. On the executive of the state: Messrs. Reed, Agry, Whiteside, Boyd, and Rankin. 4. On the organization and officers of counties and towns, and their powers and duties: Messrs. Baird, Marshall M. Strong, Asa Kinne. Mills, and James. 58 WISCONSIN HISTORICAL COLLECTIONS [Oct. 8 5. On the organization and function[s] of the judiciary : Messrs. Bak- er, Ryan, Hiram Barber, William R. Smith, and O’Connor. 6. On municipal corporations: Messrs. Bevans, Burnett, Clark, Haz- en, and Pierce. 7. On banks and banking: Messrs. Ryan, Gibson, Phelps, Sewell Smith, and Soper. 8. On corporations other than banking and municipal: Messrs. Nog- gle, Gray, Randall, Kern, and Hammond. 9. On a bill of rights: Messrs. George B. Smith, Giddings, Wakeley, Granger, and Goodrich. 10. On a preamble: Messrs. O’Connor, Dunning, Hill, Bowker, and James H. Hall. 11. On suffrage and elective franchise: Messrs. Moses M. Strong, Huebschmann, Cox, Burchard, and Manahan. 12. On the militia: Messrs. Wm. R. Smith, Crawford, Parkinson, French, and Topping. 13. On education, schools, and school funds: Messrs. Graham, Ryan, Dennis, Fitzgerald, and Drake. 14. On finance, taxation, and public debt: Messrs. Judd, Burnside, White, Toland, and Kellogg. 15. On internal improvements: Messrs. Meeker, N. F. Hyer, Rogan, Wilson, and Green. 16. On miscellaneous provisions not embraced in the subjects com- mitted to other committees: Messrs. Steele, Warren Chase, Doty, B. Babcock, and Bowen. 17. On amendments to the constitution: Messrs. Lovell, Parks, Crus- on, Atwood, and Bennett. 18. On the act of Congress for the admission of the state: Messrs. Prentiss, Ellis, J. M. Babcock, Willard, and Chamberlain. 19. On the boundaries and name of the state: Messrs. Doty, Edger- ton, G. B. Hall, Goodell, and Dickinson. 20. On the schedule for the organization of state government: Messrs. Beall, John Y. Smith, Turner, Seaver, and Harkin. 21. On the eminent domain and property of the state: Messrs. A. Hyatt Smith, Janssen, Fuller, Parsons, and Goodsell. 22. On the revision and adjustment of the articles of the constitution adopted by the convention: Messrs. Parks, Elmore, Steele, George Hy- er, and Hiram Brown. ‘Hiram Barber moved that the committee on the organization and functions of the judiciary be increased by the appointment of four ad- ditional members, which was decided in the affirmative. And the ayes and noes having ‘been called for and ordered, those who voted in the affirmative were [affirmative 80, negative 13; for the vote see Appendix I, roll call 3]. Mr. H. Barber moved to increase the committee on the ju- diciary by adding four more thereto. Mr. Moses M. Strong could not vote for the proposition, and would content himself with calling the ayes and noes. 1846] THE CONSTITUTION OF 1846 59 Mr. Barber said the committee on the judiciary was the most important one in the convention, and he hoped it would be in- ereased. He thought that a larger committee would be more likely to produce for the consideration of the convention well adjusted articles than the present one would do. Mr. Wm. R. Smith should vote for the motion. There were precedents for increasing committees which were important in consequence of the business or duty which was required of [them]. The judiciary committee had probably more to do than any other committee in this convention. He held the doctrine and thought it right, that the larger the committee the greater the probability that the business before them would be better done, because it would bring more minds to bear upon it. The ayes and noes being ordered, they were taken, and there were ayes 80, noes 13.—Argus, Oct. 13, 1846. Mr. H. Barber thought the committee on the judiciary was the most important committee of the convention. He therefore moved that it be increased to nine. Moses M. Strong did not wish the committee increased. He wished to concentrate opinion. If the question looked to the dis- patch of business it would be another matter. But it was cal- culated to retard the progress of the committee. The reason of adopting the mode of committees was simply to bring before the convention the business in a tangible form. He called for the ayes and noes. Wm. R. Smith should vote aye. The duties were the most ar- duous and responsible of any other, except, perhaps, one or two. We have reduced it from seven to five. He had never heard of less than seven on such a committee—more frequently eight or even thirteen. The matter of a judiciary should be discussed fairly and fully in the committee before [being] brought before the convention. He could not perceive the force of the objection of his colleague.—Ezpress, Oct. 12, 1846. A. Hyatt Smith moved to reconsider the vote upon the above ques- tion, which was decided in the affirmative. And a division having been called for, there were 46 in the affirmative and 16 in the negative. And the question having been again put on increasing the said committee, it was decided in the affirmative. And the ayes and noes having been 60 WISCONSIN HISTORICAL COLLECTIONS [Oct. 8 called for and ordered, those who voted in the affirmative were [affirm- ative 48, negative 42; for the vote see Appendix I, roll call 4]. The vote [roll call 3] having been announced, Mr. Ryan asked for the reading of the names of the committee on the judiciary as announced, which were read by the Secretary. Mr. Ryan said he thought he had heard his name announced as one of the committee, though he was engaged at the time. He rose to ask to be excused from serving on that committee, and he would give his reasons for the request. The resolution under which this committee had been appointed was first introduced by the gentleman from Iowa, Mr. Wm. R. Smith, and provided for a committee of seven; it was referred to a select committee of thirteen and by them reduced [to] five. No effort was made to increase the committee when the report was made, but on the contrary the number was agreed upon by the convention. This morning we met, and the President declared from his seat that he wanted time to arrange and appoint his committees; yet nothing is said about increasing this committee. Again, at the meeting this afternoon no motion is made until the committee is announced. But no sooner is that announcement made than this motion is offered to the convention and is adopted. To his mind it was nothing less than a reflection on the members of the committee as not likely to carry out the views of the majority of the convention, or as being incompetent to perform their duty. Under this view of the subject, and he could give it no other, he could not consent, after what he must consider and what appeared on the journal as a direct reflection, if not censure, on the committee as at present organized, to serve thereon. Mr. Judd could not agree with the gentleman from Racine (Mr. Ryan) that the vote just taken was either a reflection or censure on the committee. Certainly, he for one had no such idea. He had voted for the motion for two reasons: First, the motion came from a member of the committee; and second, he was in favor of increasing this and some other of the commit- tees, believing that the larger the committee the more proba- bility there would be of a well-digested and acceptable report. He hoped the gentleman from Racine would review the sub- 1846] THE CONSTITUTION OF 1846 61 ject, change his opinion in regard to the vote of the convention, and consent to serve on the committee. Mr. Barber was not of opinion that the vote just taken would be construed as the gentleman considered. He had no such intent when he made the motion. He hoped he should still have the aid and assistance of the gentleman from Racine on the committee. Mr. Ryan had listened to the explanations of the gentlemen, but whatever might be their private opinion, it was not so ex- pressed. He was not aware that the motion had been made by a member of the committee, and that fact did not alter his opin- ion of the subject or induce him to serve on the committee; but, on the contrary, it furnished him with an additional reason why he could not serve. It showed to him that a member of the committee was dissatisfied with his associates and wished others added that the majority may be swamped. But he was told that it was no reflection on the committee either as to the manner in which they were constituted or to their competency. If the committee was competent for their duty, why add to their number? No answer could be given but that which ap- pears upon the journal, and gentlemen might as well say so (they did in fact, when they argued that others were needed on it)—that the committee were incompetent to perform their du- ties. This was the plain language of the journal, and under it he must insist on his request. Mr. Moses M. Strong agreed with the gentleman from Ra- cine in opinion, and for those reasons he had opposed the mo- tion at the first. He hoped some gentleman who had voted with the majority would move a reconsideration of the vote. Geo. B. Smith could not look upon the matter in the same light as the gentleman from Racine did, and after the explan- ations that had been given he hoped he would continue to serve. Mr. Marshall M. Strong: It was well known to every man who was in the habit of attending political and other bodies that when a committee which had been appointed did not reflect the will of the meeting an addition was made to the committee that the majority might be overwhelmed and a different re- port might be obtamed. This fact and principle being known, 62 WISCONSIN HISTORICAL COLLECTIONS [Oct. 8 he could not blame his colleague (Mr. Ryan) for refusing to serve. In reply to those gentlemen who urged for a larger, committee he would say, that so far as his experience had gone, small committees were more likely to make reports in a short time than large ones. If there were fewer minds on the commit- tee there were fewer men to conciliate and less probability of counter reports. Every member on a committee may make a report, and if so, there will be nine reports from this commit- tee. He considered the reason given by his colleague, that it was an imputation on the competency of the committee, un- answerable. Mr. A. Hyatt Smith did not at the time of taking the vote think that they were casting any imputation on the committee, but on reflection he saw that it did; but whether it did or not, he should now vote differently, because one of the members of the committee so considered it. He concluded by moving to reconsider the vote. And it was reconsidered. Mr. Judd again called for the ayes and noes, which were or- dered, and being again taken, they were as follows: [ayes 48, noes 42].—Argus, Oct. 13, 1846. Mr. Ryan stated the fact that the number of this committee had been before the convention in the original resolution— that the select committee had reduced the number from seven to five—and that the standing committee had been announced by the President. Now nothing had been said during all this time against the number of the committee, but as soon as such committee was announced a motion was made to increase the number, and it had been sustained. He knew not how it might be construed, but he looked upon it as a direct censure upon the committee and upon the Chair. Mr. Judd did not so understand it. He thought the motion was right. It was made by one of the committee. No one un- derstood, he was sure, the motion as a censure. Mr. H. Barber said it was not his purpose to censure the committee. It was to enhance the opinions before them that the best possible results might be arrived at in committee. He had 1846] THE CONSTITUTION OF 1846 63 no such intentions as the gentleman had been pleased to con- strue his motion. Mr. Ryan still persisted. He wished to say a word in reply to the last gentleman. He did not know what gentlemen’s in- tentions were; and that did not alter the case. The gentleman said it was not a censure on the committee; but it might be so regarded. It was in the thing itself that made it objectionable —the act was what it would be judged by. It would appear on the journal with no proviso. The gentleman had declared it was not moved on the ground of incompetency in the commit- tee; but he asked the convention—if they were competent to dis- charge their duty—why the necessity of increasing the number? The motion on its face carried the incompetency of the com- mittee. The gentleman might differ from him, but the fact was the convention voted that five was a sufficient number, and when the Chair announced such committee, they voted not only that the number was not enough, but that those who were appointed were incompetent to fill the station assigned them. Mr. Moses M. Strong said he thought the gentleman was cor- rect. He hoped the request of the gentleman would be granted. Mr. A. H. Smith was satisfied that it might be construed into a censure. He would therefore move a reconsideration. Car- _ ried.—E xpress, Oct. 12, 1846. Mr. Ryan asked to be excused from serving on said committee, which was agreed to. The President then announced the appointment of the following ad- ditional members upon said committee, to wit: Messrs. Baird, Moses M. Strong, Agry, George B. Smith, and Tweedy. Moses M. Strong asked to be excused from serving on said commit- tee, and no objection being made he was so excused, and the President appointed J. Allen Barber in his stead. Mr. Parkinson had looked on the first vote in the same light as did the gentleman who asked to be excused; and the last he must consider an insult to that committee; and if he had been named on it he would under no circumstances consent to act thereon. Why was not this motion to increase the committee made before today, or if today, before the committee was an- nounced? If the incompetency of the committee depended on the numbers, it was as well known yesterday or this morning as 64 WISCONSIN HISTORICAL COLLECTIONS [Oct. 8 after the President had declared them; but no, they wait until the names of the members are declared, and then this motion is made. The incompetency is then with the members themselves. Under such a view, and no other can be given to the vote, no honorable man could consent to serve on that committee. He should vote to excuse Mr. Ryan from the committee. Mr. Judd should vote to excuse Mr. Ryan, though not on the grounds he had asked it, but because he had asked for it. He did not believe in compelling men to render an unwilling serv- ice. Mr. Ryan was unanimously excused. The President then named Messrs. Moses M. Strong, Baird, Agry, G. B. Smith, and Tweedy. Mr. Moses M. Strong asked to be excused and stated that he could not consent to serve on that committee after the vote which had just been taken: The first vote taken cast an impu- tation on the committee and caused one of its members to ask to be excused from serving. He had been excused, and the con- vention could not make use of him to carry out a censure of this kind. I have to say that I cannot and will not serve on this committee. Mr. Strong was excused. Mr. Baird was named on the committee, but he was not go- ing to say that he would not serve. He had voted for the prop- osition to add to the committee because it would benefit the convention to have an increase made to that particular com- mittee. In giving that vote he had no idea of wounding the feelings of any man, and he was sorry if it was so. He was equally sorry to see the feeling that had been exhibited by gen- tlemen on this subject, and for one he must say he could not see the cause of it. At the time of the vote he did not know the names of the members of the committee, and had voted only with a desire to increase the committee, thinking it would in the end facilitate the business of the convention. He hoped these personal feelings would not again be exhibited in this con- vention, but that business would now be allowed to proceed in order and without further molestation. 1846] THE CONSTITUTION OF 1846 65 Mr. Ryan: The gentlemen, he supposed, alluded to him, be- cause he had desired to set him right in relation to the votes of the convention. It made no difference in his mind what might be the opinion of individual members of the convention— that opinion was not and could not be spread on the journal, and he had been governed by what was spread on that journal. But he rose to reply to the gentleman from Brown. God had made some men with feelings and some without. Those he had made with them were apt to show them on proper occasions. Again, he would tell that gentleman that if he would take care of his feelings, he (Mr. Ryan) would take care of his. If, said Mr. Ryan, I have shown feeling, it was feeling of the heart, not feeling manufactured for the occasion; and I appeal to this house if the gentleman did not show as much temper as I did ; if he was not himself guilty of the same thing he condemned inme. No, but hé says I am to look at the motives of the con- vention. How am I to know that motive, but by what they say? Can the gentleman spread these motives on the journal? If so, I cannot. He tells me of what he has said out of doors; that he has talked this matter over there. What care I for that? Why did he wait? Why did he not make the motion to increase the committee before this time? He cannot plead that he did not think of it for he says he did. I appeal, if the construction I place on the journal is not the only true one that can be given to it? That journal will show on its face that the convention condemned the formation of the committee and voted that it was incompetent for its duties. Gentlemen admit this in their arguments, but say that it does not apply or allude to the in- dividuals composing the committee. No sir, that vote will show that the majority of the committee were to be swamped by the additional members. I shall conclude as I began, by saying that if there has been temper displayed by anyone here, I have not been guilty, but it came from the gentleman from Brown, and was got up for effect. The President then named Mr. Steele, who asked to be ex- cused on account of his being on two other committees. He was excused and the President appointed J. A. Barber.—Argus, Oct. 13, 1846. 5 66 WISCONSIN HISTORICAL COLLECTIONS [Oct. 8 Mr. Moses M. Strong could not consent to serve upon that committee after what had transpired. The gentleman of Ra- cine thought the motion and the first vote were a reflection on him. The last vote was a direct insult. He could not and would not serve. He therefore asked to be excused. Granted. Messrs. Marshall M. Strong and Steele were also excused. The Chair then added Messrs. Agry, G. B. Smith, and Tweedy. Mr. Baird had been named on that committee and he was willing to serve. He was sorry for what had been done. He was sorry that the gentleman of Racine so construed the vote of the house. He saw no reason for the gentleman’s insisting up- on his withdrawal, particularly after the explanations that had been given. He voted as he did because it was proper to in- crease the committee. It might well have been carried to thir- teen. He had no interest to gain by exciting the feelings of any gentleman. He disclaimed all intentions of such a course now and henceforward. He hoped gentlemen would discard such feuds. The votes that had been given had no intent of ineivility. Viewing it in this light, he hoped for the future that gentlemen would refrain from indications of feeling. Hie did not know who constituted the committee. He wished that it would ex- ceed the number; it had so been expressed before the commit- tee was announced and was understood before the convention assembled that a motion to that effect would be made. He thought the matter should be discussed in committee and there matured, and when brought into convention it would not occupy so great a length of time. His object was to expedite the bus- iness of the convention. On motion the convention adjourned.—E xpress, Oct. 12, 1846. Mr. Ryan wished leave to explain. The gentleman from Brown said he rose to set him right. He (gentleman from Brown) rose to set him wrong. He could keep his own feelings if the gentleman could take care of his. Some men were born with feelings, others with none. If he had feelings he should show them without asking leave of the gentleman from Brown. He did not display any temper but was naturally excited, not 1846] THE CONSTITUTION OF 1846 67 temper that was got up for the occasion as the gentleman from Brown had. He should be guided by his own feelings in this matter; he was not aware that he had displayed any tem- per. He did not care what were the out-door cogitations of gentlemen. It was to be judged by the past in this case. It was not known, until the Chair announced, who should constitute that committee. It was found out after the com- mittee was filled that it was necessary to increase the num- ber, not before. It showed that it did not occur to the minds of any until the committee was reported that a greater number than five was necessary to mature the subject before them. It showed they thought the committee incompetent. They had half admitted it. It showed upon the face that the convention thought it expedient and proper to change the character of the committee by increasing it. The record would show this. It showed, and it would show nothing else, that they intended to swamp the committee. He was sorry so much feeling was mani- fested. He had merely explained the reasons that actuated him in his course—Democrat, Oct. 10, 1846. George B. Smith introduced the following resolution, which was read, to wit: “‘Resolved, That in adding four members to the judicial com- mittee, it was not intended by the convention to cast any imputation against the five already appointed by the President.’’ On motion of Mr. Dennis the convention adjourned. 68 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 9 Fripay, Octosrr, 9, 1846 Prayer by the Rev. Mr. Miner. The journal of yesterday was read, when Moses M. Strong moved to amend the journal by striking out the words ‘‘as amended’”’ in the second line of the third page, in relation to the adoption of the res- olution relative to printing, which was decided in the negative. Moses M. Strong moved an amendment as follows: Strike out the words ‘‘as amended”’ in the resolution as amended to elect a printer in the journal of yesterday. He said they did not vote on the amendment as amended. The vote, therefore, on the election of printer was a nullity. The Chair explained. The original motion was before the house, when an amendment was offered by the gentleman from Waukesha. The question was put on the adoption of the sub- stitute, which was carried in the affirmative. The question then recurred on the adoption of the resolution as amended, which was carried. He thought this sufficient. If there was a tech- nical flaw in the proceedings it had been overlooked by common consent and therefore concurred in by the convention. Moses M. Strong thought the President should leave the chair if he wished to discuss the question. The President did not wish to discuss the point. Mr. Chase rose yesterday when they were prepared to vote on the question and made an inquiry as to the stage of the pro- ceedings, and the explanation was satisfactory to him, and to all. They had proceeded and elected a printer; it was satisfac- tory to all except those who had failed to secure the success of a particular candidate. Mr. Steele said the proposition was to make the journal read as the action of the house did not take place. He thought the way to alter action was at the time the matter was under con- sideration, not afterwards by amending the journal. Mr. Baker thought there was a misapprehension of facts. The gentleman of Waukesha offered a substitute for his amend- 1846] THE CONSTITUTION OF 1846 69 ment. The substitute was carried. The question did not occur on the resolution offered by him as amended. The motion of Mr. Strong was put and lost. Mr. Kellogg wished to know if there were any bonds required of the printer. The Chair said there was no provision for a bond. Mr. Kellogg thought that if the printer was to execute the printing of the journal as well as the incidental printing bonds should be given. The Chair was of opinion that the reso- lution only carried the incidental printing.—Democrat, Oct. 10, 1846. Mr. Moses M. Strong called for the reading of that part of the journal which related to the election of printer, and it was read by the Secretary as follows: ‘‘The question then recurred on the adoption of the resolution as amended, and having been put, it was decided in the affirmative.’’ Mr. Strong moved to strike out the words ‘‘as amended’’ and contended that the journal did not contain the facts as they transpired. Mr. Gray introduced a resolution to let the print- ing to the lowest bidder. Mr. Baker yesterday offered an amendment to that resolution, providing that Benjamin Holt should do the printing. Mr. Elmore proposed a substitute for the amendment, providing for a vote for printer. The latter had been adopted by the convention as preferable to the amend- ment proposed by Mr. Baker; but they had not said that they preferred the amendment as amended to the original resolution. They had never voted whether they would let the printing to the lowest bidder. The President: I may have omitted to put one question, which the gentleman spoke of at the time, and supposed it tak- en for granted that the question was conceded by the conven- tion. After a few remarks from Messrs. Steele, Chase, Strong, Baker, and the President, the motion to amend was lost.—Ar- gus, Oct. 13, 1846. ) Moses M. Strong objected to the portion of the journal of yesterday relating to the election of a printer, inasmuch as he 70 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 9 was under the impression that no such election was had, but the vote of yesterday was upon an amendment offered by Mr. Elmore to the resolution of Mr. Gray, so that this convention had not yet appointed a printer, and he would have the journal so corrected. Mr. Chase thought the matter finally disposed of by the vote of yesterday and objected to any further waste of time in dis- cussing the subject. Messrs. Judd and Baker were opposed to the alteration. Mr. Steele took the floor against the measure of Mr. Strong and, having in his remarks made some insinuation against the motives of the gentleman, was called to order by the President. The motion was put and lost.—E xpress, Oct. 12, 1846. Asa Kinne presented the certificate of election of Horace Chase, as a member of this convention from Milwaukee County, who upon his motion was admitted to a seat. Mr. Elmore moved that William Holcombe be admitted to a seat as a member of this convention from the county of St. Croix, which was agreed to. Mr. Elmore moved that Mr. Holeombe of St. Croix be al- lowed a seat in the convention. Mr. Holcombe was not in St. Croix at the time of his election, nor had he been there since to receive his credentials. As there was no doubt of his election, however, he hoped he would be permitted to take his seat at once. Mr. Dennis thought this a novel mode of proceeding, to allow aman a seat in the convention in the absence of any proof of his election.—Express, Oct. 12, 1846. Mr. Ryan, from the committee on banks and banking, reported No. 1, ‘‘Article relative to banks and banking.’’ ‘‘The majority of the committee on banks and banking beg leave to report to the convention for its adoption the following article: “1. There shall be no bank of issue within this state. ““2. The legislature shall have no power to create, authorize, or in- corporate, in any manner or form, any bank or other institution or corporation having any banking power or privilege whatever. ‘*3. The legislature shall have no power to confer, in any manner or form, upon any person or persons, corporation, or institution whatever, any banking power or privilege whatever. “4. No person or persons, corporation or institution whatever shall, under any pretense or authority whatever, in any manner or 1846] THE CONSTITUTION OF 1846 iL form whatever, make, sign, or issue within this state any paper money, or any bank note, promissory note, bill, order, check, certificate of de- posit, or other evidence of debt whatever, intended to circulate as mon- ey; and any person or persons, or any officer or other agent of any cor- poration or institution so doing shall, upon conviction thereof, be fined in a sum not less than $10,000 and imprisonment in the penitentiary not less than five years. «5. No person or persons shall utter, pass, or pay, or give, or receive in payment, any paper money or any bank note, promissory note, bill, order, check, certificate of deposit, or other evidence of debt whatever, intended to circulate as money, which shall purport to have been issued in this state, before or after the adoption of this constitution, by any person or persons, corporation, or institution whatever; and any per- son or persons so doing, shall, upon conviction thereof, be fined in a sum not less than $500, or imprisoned not less than three months, or both. **6. No corporation within this state shall receive deposits of money, make discounts, or buy or sell bills of exchange, and any officer or other agent of any corporation so doing shall, upon conviction thereof, be fined in a sum not less than $5,000 and imprisoned not less than two years. ‘*7_ Tt shall be the duty of the legislature, from time to time, as may be necessary, to pass all act and acts requisite to enforce any provision of this article. ‘* All of which is respectfully submitted. E. G. Ryan, Chairman.”’ Which was read the first and second times. The report of the committee was accepted and the committee dis- charged from the further consideration of the subject. Moses M. Strong moved that said report be referred to the committee of the whole and 150 copies thereof be printed. And the question having been put, it was decided in the affirmative. Moses M. Strong moved that 2,000 additional copies of said report be printed for distribution, which was decided in the negative. And the ayes and nays having been called for and ordered, those who voted in the affirmative were [affirmative 42, negative 55; for the vote see Ap- pendix I, roll call 5]. Mr. Ryan, as chairman of the committee on banks, made the following report * * *, which he observed met the approba- tion of all the members of the committee except one, Mr. Gib- son, who dissented therefrom. Mr. Gibson said he objected to the manner as he did to every letter of the matter of this report. He heard it said since he had been here that the Whigs would not have the privilege of voting in this body; he began to think such was meant to be the case. He thought that Whigs placed upon committees 12 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 9 would certainly be allowed to meet with that committee and take their share in the deliberations and preparation of the re- port. In this case he knew nothing of the meeting or action of the committee until called aside a few moments previous to the opening of the convention this morning, taken into a private room, and this report submitted for his approval. He took ex- ception to this manner of preparing a report and also to every line, word, and letter contained in it. He should prepare and submit a minority report. Mr. Ryan said he was unacquainted with the members of the committee. As its chairman he had prepared a report and sub- mitted it to the committee singly. All had approved it save Mr. Gibson. The report was accepted, and on motion was referred to a committee of the whole, and 150 copies ordered to be printed. There was an ineffectual motion to print 2,000 copies of all the reports of the committees for distribution, which led to a warm debate between the ‘‘old’’ and ‘‘young’’ Democracy. Mr. Judd objected to printing such a large number on ac- count of the expense. Moses M. Strong would have a large number of this report printed for circulation among the people, that they might see how their delegates to this convention voted upon this most im- portant question. It was most proper they should know, inas- much as there was a difference of opinion among the Demo- crats upon this question. There was a bank party as well as an antibank party among the Democrats here. He believed the Progressives were bank men, and he wished to show his con- stituents that he was an antibank man. Mr. Gray was opposed to printing so large a number of the report; thought it a bad precedent to spend $175 for print- ing the report of each committee. Mr. Kellogg thought this extravagance commenced yester- day, furnishing the members with newspapers, and as these papers would doubtless contain the reports of the committees, thought these quite sufficient for all purposes. The question was put and decided in the negative—ayes 42, noes 50.—E xpress, Oct. 12, 1846. 1846] THE CONSTITUTION OF 1846 73 Mr. Gibson said he dissented from the report of the commit- tee. He did this for two reasons: First, the committee had not had a meeting, though he had seen the report in the hands of the chairman and had been told that a majority of the com- mittee were agreed to it. He had supposed that the committee would have a meeting and discuss the matter referred to it, and not that the chairman would draw out a report and call the members into a room singly, and reading it, get their consent or dissent, and then report it as coming from the committee; second, he disagreed with the report in every letter, word, and sentiment. And he intended as soon as might be to make a minority report, if he could have leave to do so. The President: You can have leave. Mr. Ryan: It is true that I drew up this report last night, and at an early hour this morning I endeavored to procure a meeting of the committee and could find but a majority, who agreed with me. I subsequently found the gentleman from Fond du Lac and showed it to him, and he did not intimate that he desired to make a counter report or that he wanted time. Mr. Moses M. Strong moved to print 150 copies for the use of the convention and 2,000 copies for distribution. Mr. Judd called for a division of the question and asked for the ayes and noes on the motion to print 2,000 copies for dis- tribution. One hundred and fifty copies were ordered printed, and Mr. Strong, in support of his motion, said it was plain to any man that there was a bank party and an antibank party in the convention. I do not know to which party the gentleman from Fond du Lac belongs. But unless I am mistaken, a large body of that class calling themselves the ‘‘young ’? Democracy will be found acting with the Whigs in favor of banks, and not with the ‘‘Old Hunkers’’ against them. Mr. Gray deemed the printing of the proposed number an unnecessary extravagance. Mr. Chase opposed the motion to print, not so much from the sentiments of the report, with which he agreed, as from its un- necessary length. They were going to distribute this report 74 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 9 through the papers, which he deemed sufficient. He cared not where the gentleman from Iowa placed him, whether among the young or the old Democracy, the ‘‘ Progressives’’ or the ‘*Re- trogressives’’—one thing was certain, they would find him op- posing banks at every step. The motion to print 2,000 extra copies was lost, ayes 42, noes 55.—Argus, Oct. 13, 1846. Mr. Gibson dissented from the report for two reasons: First, he supposed it was customary for the committee to meet to- gether and compare views and discuss the several propositions there. But instead of this he had been called upon this morn- ing, a few moments before the convention assembled, called out into one corner of the hall, and this report presented for his acceptance. He did not like such a manner of proceeding; and he objected to the matter as well as the manner. He objected to every word and letter of the report. Mr. Ryan drew the report last night that the convention might have something to do today. He had shown it to the com- mittee this morning, one by one, as he had found them, and it received their acquiescence. He read it to the gentleman last up—he dissented from it, but made no objection to reporting this morning. If the gentleman objected to every letter, he ob- jected to the whole alphabet. Moses M. Strong moved to refer to the committee of the whole, and that 2,000 copies be printed. Mr. Judd suggested the second reading by its title. M[oses] M. Strong said that it was the most important re- port that had been made, and he wanted it to go before the people. There was a bank party and an antibank party in the Democratic ranks; and in that portion styled the ‘‘ Young De- mocracy’’ in contradistinction to the ‘‘Old Hunkers’’ the bank men were to be found. He was an out and out ‘‘hard’’, and if they were afraid of the effect of this report, he wanted the people to know it. Mr. Judd thought, if this was the most able report yet made, when others, still more able should be made—for instance, the report of the gentleman from Jowa—they would have to vote a still greater number. _—- 1846] THE CONSTITUTION OF 1846 5) Mr. Kellogg was opposed to every species of banks, as his constituents were. He did not care to what part of the Dem- ocracy he was attached. But he was opposed to this extra printing —Democrat, Oct. 10, 1846. Moses M. Strong, from the committee on suffrage and elective fran- chise, reported No. 2, an article relative to suffrage and elective fran- chise. **A majority of the committee on suffrage and elective franchise re- spectfully report and recommend the adoption as one of the articles of the constitution of the state of Wisconsin the following article on suf- frage and elective franchise: **“Section 1. Every white male person of the age of twenty-one years, or upwards, who shall either be a citizen of the United States, or who shall have declared his intention to become such in conformity with the laws of Congress now in force regulating the subject of naturalization, and shall have taken and filed in the office of the clerk of the district eourt of the county in which he resides an oath to support the Constitu- tion of the United States and of this state, and who shall have resided in the state six months next preceding any election, shall be entitled to vote at such election for every officer, which by this constitution or by law shall be elective by the electors; and every white male person of the age aforesaid who may be a resident of this state at the time of the adoption of this constitution by the people and who shall either be a eitizen of the United States or shall have declared his intention to be- come such as aforesaid shall be entitled to vote as aforesaid; but no such person shall be entitled to vote except in the district, county, or township in which he shall have actually resided for ten days next pre- eeding such election: Provided, That whenever Congress shall dispense with a declaration of intention as a requisite to citizenship, the same shall be dispensed with in this state as a qualification of electors. “Section 2. All votes shall be given viva voce, except for such town- ship officers as may by law be directed or allowed to be otherwise cho- sen; and in all elections to be made by the legislature the members thereof shall vote viva voce; and their votes shall be entered on the journal. *““Section 3. Electors shall in all cases except treason, felony, or breach of peace be privileged from arrest during their attendance at elections and in going to and returning from the same. **Section 4. No elector shall be obliged to do militia duty on the day of election except in time of war, actual invasion, insurrection, or pub- lic danger ; nor shall any elector on the days of election be obliged to attend any court, either as a suitor, witness, or juror. “*Section 5. No person shall be deemed to have lost his residence in this state by reason of his absence on business of the United States or of this state. *“Section 6. No soldier, seaman, or mariner in the army or navy of the United States shall be deemed a resident of this state in consequence of being stationed in any military or naval place within the same. 76 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 9 “‘Section 7. No member of Congress nor any person holding. any office of profit or trust under the United States (the office of postmaster excepted), or under any other state of the Union, or under any foreign power, shall hold or exercise any office of trust or profit under this state. “*Section 8. No senator or representative in the legislature of the state shall, during the time for which he was elected, nor during one year after the expiration thereof, be appointed or elected to any civil office under the authority of this state, which shall have been created or the emoluments whereof shall have been increased during the time for which he was elected. “‘Section 9. It shall not be lawful for any voter directly or indirectly to make any bet or wager on any election at which he shall vote, and it shall be the duty of the legislature to prescribe as a part of the oath to be taken by any voter that he has not directly or indirectly made any bet or wager on the election at which he offers his vote. ‘*All of which is respectfully submitted. Moses M. Strone, Chairman Francis HuEBSCHMANN HopPEeWELL Coxe JoHN H. Mananan’’ Which was read the first and second times. The report of the com- mittee was accepted and the committee discharged from the further consideration of the subject. Mr. Baker moved that 150 copies of said report be printed and that said report be referred to the committee of the whole, which was de- cided in the affirmative. Mr. Moses M. Strong, from the committee on suffrage and elective franchise, reported an article on that subject. Mr. Manahan said he had agreed to make this report, but should at an early day take occasion to report, or to amend some report, in relation to negroes and negro suffrage. Mr. Burchard gave notice of intent to make a minority re- port.—Argus, Oct. 13, 1846. A. Hyatt Smith, from the committee on the eminent domain and’ property of the state, reported No. 3, an article on the eminent domain and property of the state. ‘The committee on eminent domain and property of the state have had under consideration the subject referred to them, and have the honor to report and recommend the adoption of the following article on eminent domain and property of the state: “‘1. The legislature of this state shall never interfere with the pri- mary disposal of the soil of the United States, nor with any regulation Congress may find necessary for securing the title in such soil to the 1846] THE CONSTITUTION OF 1846 77 bona fide purchasers thereof. No tax shall be levied on lands the prop- erty of the United States; and in no ease shall the lands of nonresident proprietors be taxed higher than residents. “9. The state shall have concurrent jurisdiction on the river Miss- issippi and on every other river and lake bordering on the said state, so far as the said river or lake shall form a common boundary to the said state and any other state or states now or hereafter to be formed and bounded by the same; and the said river Mississippi and the nay- igable waters leading into the Mississippi and St. Lawrence and the carrying places between the same shall be common highways and for- ever free, as well to the inhabitants of this state as to the citizens of the United States, without any tax, impost, or duty therefor: Provided, That no law shall be passed to take away or abridge the rights of ripar- ian owners thereto, unless in the same law provision is made for full, compensation to such riparian owners. “*3. All lands and other property which have accrued to the terri- tory of Wisconsin by grant, gift, purchase, forfeiture, escheat, or oth- erwise shall vest in the state of Wisconsin. A. Hyatt Suirx, Chairman.’’ The report of the committee was accepted and the committee dis- charged from the further consideration of the subject. The report was read the first and second times, when Mr. Gray moved that said report be referred to the committee of the whole and that 150 copies thereof be printed, which was decided in the affirmative. Mr. Crawford then moved that 1,000 additional copies of the report on banks and banking and of the report on suffrage and elective fran- chise be printed for distribution, which was decided in the negative. And a division having been called for, there were 24 in the affirmative, negative not counted. Mr. Crawford moved that 1,000 copies each of the reports of Messrs. Ryan and Strong be printed. Marshall M. Strong thought it was making a distinction in reports. Besides they would be reported in the newspapers, and that was the most convenient method of distributing them among the people. The motion was lost.—Democrat, Oct. 10, 1846. Moses M. Strong gave notice that he would on tomorrow or some fu- ture day move the adoption of an additional rule for the government of this convention. Moses M. Strong offered the following as an amendment to the rules: Rule—Every proposition which it is proposed shall form a part of the constitution shall, after it shall have been consid- 78 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 9 ered in committee of the whole, and after the amendments re- ported by the committee of the whole shall have been acted on, ’ be open for amendment in the convention; and when there are no further amendments to be proposed the question shall be on ordering the proposition to be engrossed for its final pas- sage; and after the same shall have been engrossed, the same shall not be amended except by the unanimous consent of the convention. Which, under the rules, lies on the table until tomorrow. Mr. Judd moved for an adjournment until Monday next, which was unsuccessful. John Y. Smith asked permission for the use of the hall for a temperance lecture to begin therein this evening by Mr. Fair- child. Moses M. Strong opposed it as there were other rooms in the building to answer Mr. Fairchild’s purpose and the members wished to use this chamber themselves.—Express, Oct. 12, 1846. Moses M. Strong introduced the following preamble and resolution, which was read and laid over until tomorrow under the rule, to wit: ‘“WHEREAS on the ninth day of October, as appears from the journal, a resolution introduced by Mr. Gray of Grant County on the sixth in- stant relative to printing was taken up when Mr. Baker of Walworth moved to amend the said resolution, providing that Benjamin Holt should be employed to do the incidental printing of this convention ; and WHEREAS Mr. Elmore of Waukesha offered a substitute for said amend- ment, providing that a printer to the convention be elected forth- with viva voce; and WHEREAS the said substitute for the said amend- ment was adopted as a substitute for said amendment; and WHEREAS said amendment to said original resolution as amended by the adoption of said substitute was never adopted by the convention; and WHEREAS, therefore, the convention have never had an opportunity of expressing an opinion whether they preferred the amendment as so amended or the original resolution; and wHEREAS, therefore, the convention have never determined that a printer should be elected, therefore, ““Resolved, That a printer to the convention be elected forthwith viva voce, and the mode of conducting the election shall be by calling the names of the members from the list of ayes and noes, and every mem- ber shall answer the name of the person for whom he votes, and a state- ment of the vote and all its details shall be recorded at length on the journal.’’ Mr. Judd introduced the following resolution, which was read, to wit: “‘Resolved, That when the convention adjourn, it will adjourn until Monday morning next.’’ 1846] THE CONSTITUTION OF 1846 79 George Hyer introduced the following resolution, which was read, to wit: ‘‘Resolved, That 150 copies of all reports of committees and of all petitions and resolutions ordered to be printed [be printed] for the use of the convention without further order.’’ The following resolution, introduced on yesterday, was then taken up, to wit: ‘‘Resolved, That in adding four members to the judiciary committee it was not intended by this convention to cast any imputation against the five already appointed by the President.’’ Mr. Judd moved that the said resolution be laid on the table, which was decided in the affirmative. Mr. Warren Chase moved that the resolution calling upon the clerks of the different courts in the territory for certain information be now taken up, which was decided in the negative. And a division having been called for there were 19 in the affirmative, negative not counted. Mr. Chase called up the resolution calling on the clerks of the different courts for certain information. The resolution was read, and Moses M. Strong moved that it be laid on the table indefinitely (which means under the table) inasmuch as it was impossible to obtain the information sought for from the clerks of the courts. He knew it could not be done in Iowa County and he believed it to be as imprac- ticable in other counties. The resolution was laid on the table-—E xpress, Oct. 12, 1846. Mr. Chase moved to call up the resolution relative to calling upon the courts for reports of their business. It was a motion of much importance, and he hoped it would be called up. Moses M. Strong hoped it would be allowed to sleep on the table. It was impracticable—it could not be arrived at in less than three weeks, and it would only be an excuse for the com- mittee to delay their report. It would in the end only amount to an imperfect detail of what every man knows in general terms. The motion was rejected——Democrat, Oct. 10, 1846. Mr. Prentiss moved that leave of absence be granted to Mr. Rogan for one week. Leave was granted. Mr. Judd moved that the convention adjourn until Monday morning next. Mr. Ryan moved that the convention do now adjourn, which was de- cided in the affirmative. And a division having been called for there were 41 in the affirmative and 33 in the negative. So the convention adjourned until tomorrow morning, ten o’clock. 80 WISCONSIN HISTORICAL COLLECTIONS [0ct. 10 SATURDAY, OcToBER 10, 1846 Prayer by the Rev. Mr. McHugh. The journal of yesterday was read. Wm. R. Smith, from the committee on militia, reported No. 4, ‘‘ Ar- ticle relative to the militia.’’ “Section 1. The militia of this state shall consist of all free, able- bodied male persons, negroes and mulattoes excepted, resident in the said state, between the ages of eighteen and forty-five years; except such persons as now are or hereafter may be exempted by the laws of the United States or of this state; and they shall be armed, equipped, organized, and disciplined in such manner and at such times as may be directed by law. Those who conscientiously scruple to bear arms shall not be compelled to do so, but shall pay an equivalent for personal service. “‘Section 2. The militia of this state shall be divided into convenient divisions, brigades, regiments, battalions, and companies, with officers of corresponding titles and rank to command them, conforming as nearly as practicable to the general regulations of the army of the United States. ‘Section 3. Captains and subalterns in the militia, field officers of regiments, brigade inspectors, brigadier generals, and major generals shall be elected or appointed in such manner as shall hereafter be pro- vided by law. “Section 4. The governor shall appoint the adjutant general and other members of his staff. Major generals, brigadier generals, and commanders of regiments and separate battalions shall respectively ap- point their own staff. All staff officers may continue in office during good behavior, and shall be subject to be removed by the superior offi- cer from whom they respectively receive their appointment. “‘Section 5. All military officers shall be commissioned by the gov- ernor. ; ‘‘Section 6. The militia as divided into divisions, brigades, regi- ments, battalions, and companies, pursuant to the laws now in foree, shall remain so organized until the same shall be altered, or regulated by the legislature. W. R. Suirx, Chairman.’’ The report of the committee was accepted and the committee dis- charged from the further consideration of the subject. The said ar- ticle was then read the first and second times, referred to the committee of the whole, and on motion of William R. Smith 150 copies thereof ordered to be printed. Mr. Meeker, from the committee on internal improvements, reported No. 5, ‘‘ Article relative to internal improvements. ”’ 1846] THE CONSTITUTION OF 1846 81 ‘““The committee to whom was referred the subject of internal im- provements beg leave to make the following report: “‘TInternal improvements shall forever be encouraged by the govern- ment of this state. But the legislature shall in no case create or in- cur a state debt for that object, without at the same time providing means for the payment of the interest thereof, and the final liquida- tion of the same. M. Meeker, Chairman N. F. Hyer J. F. Witson Wy. C. GREEN’’ The report of the committee was accepted and the committee dis- charged from the further consideration of the subject. The said ar- ticle was then read the first and second times, referred to the com- mittee of the whole, and on motion of Mr. Phelps 150 copies thereof or- dered to be printed. Mr. Crawford introduced the following resolution, which was read, to wit: ‘‘Resolved, That all laws for the collection of debts shall for- ever be prohibited within this state.’’ Mr. Doty introduced the following resolution, which was read, to wit: “‘Resolved, That the committee on the organization and forma- tion [functions] of the judiciary be instructed to inquire into the ex- pediency of providing in this constitution that the legislature at its first session after the adoption of the constitution shall provide by law for the appointment of three commissioners, whose duty it shall be to revise, reform, simplify, and abridge the statutes and the rules of prac- tice, pleadings, forms, and proceedings of the courts of record of this state, and to report thereon to the legislature, subject to their adop- tion and modification.’’ The preamble and resolution introduced yesterday, relative to the election of printer, was then taken up, when Moses M. Strong asked and obtained leave to withdraw the same. Moses M. Strong moved that his resolution in reference to the election of a printer by viva voce be taken up and consid- ered. On motion, the resolution was read. John Y. Smith said it was with feelings of some delicacy he rose to say a few words upon this subject. Many gentlemen might infer that this proposition to reconsider the vote upon printer was liable to the construction that it was made at the instance of the proprietors of the Argus, in consequence of their defeat. He was fully convinced of the informality of the proceedings and was aware that many gentlemen would agree with him in this view. Yet he and all the proprietors of the 6 82 WISCONSIN HISTORICAL COLLECTIONS { oct. 10 Argus were fully satisfied with the result of the election and had no wish to ‘‘try another scratch’”’ for the printing of the convention. The object of the friends of this resolution was to place the proceedings of this body in a proper shape—it had no reference to the Argus. 'The resolution did not arise with the proprietors; they had no wish that the subject should be renewed. The election had been gone into and decided—it was not to be denied that the convention had elected a printer— they had done what they had previously resolved to do, and he was satisfied, as were all the proprietors of the Argus. They had received a majority of all the Democratic votes in the con- vention, which fully satisfied them in regard to the result. He thought it no more than proper to state, however—what every- ° body already knows—that this result was not brought about by the Democrats in this body, but by an amalgamation of the influence of Whigs, bank Democrats, conservatives, and no- party men. A few of the true and tried Democrats had voted against them he knew; yet he thought they would be sorry they had pursued such a course when they more fully understood the circumstances of the case. Among his opponents he was not surprised to find men who had gloried in their attachment to John Tyler—men who had defrauded this territory out of $30,000 and had judgments on their backs for the amount. He hoped the motion would not prevail. Moses M. Strong said it was due to truth to say that the resolution originated with himself alone, without consultation upon the subject with any person whatever, and he wished the whole responsibility to rest upon his shoulders and not upon those of anybody else; his shoulders were broad, and were al- ready tolerably burdened with responsibility; yet they were still capable of sustaining this and much more. He thought the circumstances attending the election called for this move- ment, and thought so still, but would withdraw the resolution out of respect to those Democrats who had voted against him on the question of printer. Leave was granted, and the resolution withdrawn.—Ezpress, Oct. 12, 1846. 1846] THE CONSTITUTION OF 1846 83 The resolution introduced yesterday relative to adjournment was then taken up, when Mr. Judd asked and obtained leave to withdraw the same. The following rule, introduced by Moses M. Strong, was then taken up and adopted, to wit: ‘‘Rule —. Every proposition which it is proposed shall form a part of the constitution shall, [after it shall] have been considered in committee of the whole, and after the amendments reported by the committee of the whole shall have been acted on, be open to amendment in the convention, and when there are no further amendments to be proposed the question shall be on ordering the prop- osition to be engrossed for its final passage, and after the same shall have been engrossed the same shall not be amended except by the unanimous consent of the convention.’ Moses M. Strong moved the amendment to the rules offered by him yesterday be now taken up. Mr. Strong went into an explanation of the object of this amendment. It was that all resolutions should, after being amended and finally passed, be engrossed in a fair hand, for the final action of the committee on revision. Mr. Ryan was of opinion that the lines had not been, nor could be, so distinctly drawn between the duties of the dif- ferent committees that their reports would not in many cases cover the same grounds; propositions would come in from other committees covering the grounds already reported upon. And he considered it would be the proper duty of this committee on revision to sift out, examine, and prepare a perfect synopsis of all the business of the convention. Moses M. Strong said propositions would be introduced and referred to a committee of the whole before the final action upon them in convention. It was the object of this rule to have these propositions with all the amendments thereon in- serted in their proper places, and then engrossed in a plain hand for the revision of the committee, instead of the plan now pursued of tacking the several amendments to the original proposition with a bit of wafer, which was liable to become de- tached and the amendments lost or mislaid. He considered this a loose way of keeping a record of the doings of the con- vention and would like to see it done away with. Mr. Ryan called for another reading of the resolution. 84 WISCONSIN HISTORICAL COLLECTIONS _ [ Oct. 10 Mr. Judd said he agreed with the member from Iowa that the amendment was right and proper; the subject matter con- tained in the amendment had not escaped the attention of the committee to whom was entrusted the duty of drafting the rules; and he thought the sixteenth rule adopted by the con- vention covered the ground of this amendment. The question on the adoption of the amendment was put and earried.—E xpress, Oct. 12, 1846. The following resolution, introduced yesterday, was then taken up and adopted, to wit: ‘‘Resolved, That 150 copies of all reports of committees and of all petitions and resolutions ordered to be printed be printed for the use of the convention without further orders.”’ On motion of Mr. Ellis the convention adjourned. Mr. Moses M. Strong moved that the convention resolve it- self into a committee of the whole on the article on banking, and Mr. Wm. R. Smith hoped the motion of the gentleman would not prevail. He was opposed to the provisions of the article, which made banking criminal and enacted a penalty. To en- act a penal code was the legitimate business of a legislature and not of a convention. To remove these objectionable features he would move to refer the article to a select committee with instructions to strike out the penalties. Mr. Chase: The motion to refer is out of order, as it is al- ready referred to the committee of the whole. But he should oppose going into committee at this time be- cause he wanted the report of the minority of the committee, which had been promised, and which he supposed would be ready by Monday next. Mr. Ryan was in favor of delaying till the minority can make a report: While up, I will take occasion to say a few words in support of the report itself, seeing that it has been attacked by the gentleman from Iowa (W. R. Smith) because there are penalties attached to its violation. This, I am told, is an un- heard of thing in framing constitutions. Let that gentleman look into any of the constitutions of the states, or of the United States, and he will find precedents for these provisions. I have examined nearly all of them, and I find similar provisions. I will read them if the gentleman desires to hear them. Then 1846] THE CONSTITUTION OF 1846 85 there is precedent; but if there were none, could not this con- vention step out of the usual track and attach a penalty to a breach of the constitution? Constitutions are made to restrict and restrain legislators, as well as to protect the citizen. Therefore, when you would limit the legislature, you place the provision in the constitution; when you would prohibit the pas- sage of laws, you place the prohibition in the constitution ; and when you would restrict, it is placed in the constitution. T hope this convention has a decided majority of ‘‘hards’’—of men who are opposed to all banks, banking, and bank paper. But who can tell when there will be a “‘soft?’ legislature? Let a “‘soft’’ legislature come into power, and the penalties will at once be put down so that it will be for the interest of any cor- poration to pay the fine for the sake of the money they can make. The law will be as ‘‘soft’’ as it is now, when any com- pany may be ready and willing to pay $1,000 a year for the privilege. Leave the question open, and the halls of legisla- tion will be beset with ‘‘softs”’ asking for privileges, bitterly complaining that high penalties cannot be paid, as the busi- ness of banking is not as good ‘‘as it used to was.’’ Give us low penalties, and we will pay them. I would place these re- straints, limits, and penalties where the ‘‘softs’’ cannot reach or reduce them. I fear the ‘‘softs.’’ They cannot be killed. The hundred heads of the hydra might be lopped off, but the “‘softs’’ have no heads. They spring up on every hand; they Sway and govern the legislatures. Look at the new states— democratic, ‘‘hard,’’ as are the body of the people; see how the “‘softs’’ have carried all their measures and involved the peo- ple. Let it not be so in Wisconsin. Place the penalty where the “‘softs’’ cannot reach it. Before I will consent to have the penalty reduced, I will vote to increase it. I belong to that party which would give to banking no quarter. Mr. Moses M. Strong would postpone the matter until Mon- day, which would, he thought, give ample time to the gentle- man from Fond du Lae, Mr. Gibson, to make his report. His colleague has made a remark against this article which he could not consent to let pass unnoticed. He, Mr. Wm. R. Smith, opposes the article because it contains a penal enact- 86 WISCONSIN HISTORICAL COLLECTIONS _ [ Oct. 10 ment. The propriety of those penalties has been abundantly proved by the gentleman from Racine. Why should the article be sent to a select committee to make a report? Is the gentle- man who is here as the representative of a most decidedly ‘‘hard’’ constituency who give no countenance to banks or bank paper desirous of distinguishing himself by making a “‘soft’’ report? If the convention wish to strike out the provisions they _ can as well be done in committee of the whole as in a select committee. Mr. Strong concluded by withdrawing his motion to go into committee, and the convention adjourned.—Argus, - Oct. 13, 1846. Moses M. Strong moved that the convention go into commit- tee of the whole on the report of the committee on banks and banking. W. R. Smith was in favor of the report being submitted to a select committee before going into committee of the whole upon it. He was of opinion that the report was objectionable in re- gard to affixing penalties, as that power should be more prop- erly vested in the legislature. Mr. Chase said the report had already been referred to the committee of the whole, but he did not consider the proper time had arrived for such action on the report. The minority members of the committee had given notice of intention to make a minority report, and it was due in courtesy to those gentlemen to wait until such report was submitted. Mr. Ryan assented to the remarks of the last gentleman, that it was proper to wait the minority report before going into committee of the whole, but would say a few words in regard to affixing penalties being beyond the limits of the duties of this convention and confined to the legislature. He knew the committee had not exceeded their power in this respect. The Constitution of the United States and of every state in the Union contained clauses of this character—Florida, Texas, and the constitution of every state which he had yet seen embraced penalties; authority and example can be found in every con- stitution. It was his wish that the constitution of Wisconsin should be an independent one, made by ourselves and for our- 1846] THE CONSTITUTION OF 1846 87 selves, only taking the lights and experience of the older states for our guide. It was not until the gentleman from Iowa men- tioned the subject of penalties that he thought of looking into the constitutions of other states for authority, but he had since glanced over them and found such authority in every one of them. He wished this constitution in a great measure to be the law, without reference to the legislature; he hoped and be- lieved this convention is a ‘‘hard’’ one, and they should not limit the power of the convention in such a manner as to enable any future ‘‘soft’’ legislature to put down penalties without violating the constitution. He intimated the probability of fu- ture ‘‘soft’’ legislatures being influenced by interested lobby monopolists and bank men who will haunt this place session after session to reduce the penalty to a mere nominal sum, but, as he was one of the ‘“‘hards,’’ would be willing to raise it to $100,000 instead of $10,000. Mr. Ryan was violently opposed to any banks and profuse in his favorite phrases of ‘‘hards,’’ “‘softs,’’? and ‘‘lobby beg- gars’’; and after reiterating his fears of the corruption of all future legislatures, and his willingness to affix the penalty for “‘making, signing, or issuing within this state any paper money, bank note, promissory note, bill, order, check, certificate of de- posit, or any other evidence of debt whatever, intended to cir- culate as money,’’ $100,000 or imprisonment for twenty years, sat down, evidently much pleased with himself. Moses M. Strong withdrew his motion to go into committee of the whole, but gave notice that he should renew it on Mon- day, which he said was allowing the minority sufficient time to prepare their report, as five minutes had been found long enough to prepare the majority report. He disagreed with his colleague in regard to submitting this report to a select com- mittee. The committee of the whole were as competent to de- cide upon it as any select committee. He did not favor the idea of endeavoring to smother it in the secret chamber of a select committee. Moses M. Strong moved that the convention go into commit- tee of the whole on elections and suffrage, which he afterwards withdrew for the same reason as above. 88 WISCONSIN HISTORICAL COLLECTIONS _ [ Oct. 10. Moses M. Strong moved that the convention go into com- mittee of the whole on the eminent domain and property of the state. Marshall M. Strong remarked that sufficient time had not been allowed to compare the report with the provisions made on the subjects by other states, and he therefore hoped the matter would be further postponed.—Express, Oct. 12, 1846. 1846] THE CONSTITUTION OF 1846 89 Monpay, OctosBer 12, 1846 Prayer by the Rev. Mr. Miner. The journal of yesterday was read. Mr. Bevans presented the certificate of election of J. Allen Barber, a member from the county of Grant, who upon his motion was ad- mitted to his seat. Also the certificate of election of James Gilmore, a member from the county of Grant, who upon his motion was admitted to his seat. Mr. Burchard presented the certificate of election of Benjamin Hun- kins, a member from the county of Waukesha, also the certificate of election of Alexander W. Randall, a member from [the county of] Waukesha, who upon his motion were admitted to their seats. Mr. Whiteside presented the certificate of election of Franklin Z. Hicks, a member from the county of Grant, who upon his motion was admitted to his seat. Rufus Parks, a member from the county of Waukesha, presented his certificate of election, which was ordered to be filed. Mr. Graham presented the certificate of election of James Magone, a member from Milwaukee County, who upon his motion was admitted to his seat. Moses M. Strong: I wish to call the attention of the con- vention to a report of some of my remarks contained in the Democrat newspaper of the tenth instant. I am reported in that paper as having said while speaking of my constituents: ““They were all interested in the proceedings of this conven- tion, and every man fit to have a paper took one.’’ Now, sir, I never said any such thing. If I had, it would have been tantamount to saying that every man who did not take a paper was not fit to have one. What I did say in substance was that all who felt interested in the proceedings of this convention would find some means of finding them out, and that every man who saw fit to have a paper took one. I should not have troubled the convention with this explanation, were it not that I have heretofore, while a member of the legislature, been mis- represented several times, without of course any intention of doing me injustice on the part of the reporters. While up, I wish to suggest that mistakes of the kind I have alluded to might be in a great degree avoided if the reporters would give ee ‘ hs 90 WISCONSIN HISTORICAL COLLECTIONS | [ oct. 12 gentlemen an opportunity of examining their remarks after they are written out and before they are in type—Argus, Oct. 20, 1846. Mr. Judd, from the committee on taxation, finance, and public debt, reported No. 6, ‘‘Article relative to taxation, finance, and the public debt.’’ ““The committee on finance, taxation, and public debt respectfully report for the adoption of the convention the following propositions: TAXATION “1. All taxes to be levied in this state, at any time, shall be as near- ly equal as may be. ‘*2. All public lands or other property situated and being within this state, belonging to the United States, shall be free from taxation. “*3. All lands or other property belonging to this state shall be for- ever free from taxation. ‘*4, All school lands, university lands, and all other property be- longing to any school, university, college, or seminary of learning, situ- ated and being within this state shall be forever free from taxation. ‘5. All houses erected for and dedicated to the public worship of God, and the lots which they necessarily oceupy for such purpose, and all public burying grounds, and all parsonage houses and the lands connected therewith, to the value of $2,500, shall be forever free from taxation. FINANCE “‘1. No money shall ever be paid out of the treasury of this state, except in pursuance of an appropriation by law. “*2. The credit of this state shall not, in any manner, be given or loaned in aid of any individual, association, or corporation. “*3. There shall be published under the direction of the treasurer in at least one newspaper printed at the seat of government in this state, during the first week in January in each and every year, a detailed statement of all the money drawn from the treasury during the pre- ceding year, for what purpose, and to whom paid. ‘‘4, There shall not at any time be issued, in any form or manner, under the authority of this state, any state scrip, certificate, or evi- dence of state debt, except for such debts as are authorized by the sec- ond and third sections of article in this constitution. Pousiic DEBT “‘1. No public debt shall at any time be created in this state, except such as is authorized in the following sections of this article. ‘““2. This state may, to meet accidental deficits and failures in rev- enue, or for expenses not provided for, contract debts; but such debts, 1846] THE CONSTITUTION OF 1846 91 singly or in the aggregate, shall not at any time exceed $50,000, unless in time of war, to repel invasion, or to suppress insurrection and re- bellion. “3. Except the debts specified in the second section of this article, no debt or liability shall be contracted by or on behalf of this state, un- less such debt shall be authorized by law for some single work or object to be distinctly specified therein. Nor shall such law take effect until it shall, at a general election, have been submitted to the quali- fied electors of this state for their approval or disapproval and shall have received in its favor a majority of all the votes cast at such elec- tion upon that subject. ‘No such law shall be submitted to be voted upon within less than three months from its passage; nor when any other law or any amend- ment to the constitution shall be submitted to be voted for or against. ‘* All which is respectfully submitted. STODDARD JUDD ANDREW BURNSIDE JOSHUA WHITE Patrick TOLAND CuHauNncEY KEwLoae”’ The report of the committee was accepted and the committee dis- charged from the further consideration of the subject. The said ar- ticle was then read the first and second times, referred to the committee of the whole, and ordered to be printed. Mr. Judd, as chairman of the committee on finance, taxation, and the public debt, would submit the report of that committee, and would premise the report by saying that the committee were of opinion that the subjects submitted for their consider- ation should have been named in the following order, viz., tax- ation, finance, and the public debt, and in that order would offer their report.—Express, Oct. 20, 1846. Mr. Gibson, from the committee on banks and banking, made a mi- nority report, No. 1, ‘‘ Article relative to banks and banking.’’ REPORT OF THE MINORITY OF THE COMMITTEE ON BANKS AND BANKING ‘Mr. Gibson, one of the committee, dissents from the report of the majority of said committee and begs leave to offer the following rea- sons for dissenting therefrom: First. Because the said report was pre- pared by the chairman of said committee without consulting with the other members of the committee and without having called them to- gether or ascertained their opinions upon the subject committed to them. Second. Because the said report recommends the adoption of a pro- vision in the constitution forever prohibiting either the legislature or 92 WISCONSIN HISTORICAL COLLECTIONS _ [ oct. 12 the people of the state from establishing any bank or moneyed insti- tution. Third. Because the said report recommends the adoption of a provision in the constitution which is unusual and without a precedent, namely, the infliction of fines and imprisonment. “For the above and other reasons the undersigned dissents from the said report, and as a substitute therefor would submit the following article: ‘“‘First. There shall not be established or incorporated within this state any bank or banking company or any moneyed institution for the purpose of issuing bills of credit or bills or notes payable to order or bearer, or certificates of deposit intended for circulation, unless char- tered by the legislature ; and no act of incorporation shall be passed, un- less approved of and passed by at least two-thirds of the members of each house of the legislature of this state. Nor shall any such bank go into operation or commence business until at least one-third of its eap- ital stock shall be paid in in gold or silver coin. ‘“Second. All stockholders in any bank chartered in this state shall be personally liable for all debts and liabilities of the said corporation. M. S. Grsson.”’ The said article was then read the first and second times, referred to the committee of the whole, and ordered to be printed. Mr. Dennis introduced the following resolution, which was read, to wit: ‘‘ Resolved, That the treasurer of the territory be and he is hereby requested to report to this convention what amount of moneys has been received by him by virtue of a resolution in relation to canal funds, approved February third, 1846; what disposition he has made of the same: and how much there is in his hands subject to the order or con- trol of this convention.’’ Mr. Burnside introduced the following resolution, which was read, to wit: ‘‘Resolved, That the following provisions shall be added to and shall constitute a part of the twelfth rule for the government of this convention, viz., ‘But when the final vote shall be taken upon each distinctive provision in the constitution, it shall invariably be by the ayes and noes.’ ”’ Mr. Beall introduced the following resolution, which was read, to wit: ‘‘Resolved, That 150 copies of the census taken recently in this territory be printed for the use of the members of this convention.’’ Warren Chase introduced the following resolution, which was read, to wit: “‘Resolved, That taking life, either by hanging or otherwise, shall never be instituted as a mode of punishment for crime in this state.’’ Mr. Goddell introduced the following resolution, which was read, to wit: ‘‘Resolved That the clerk of the supreme court and the clerks of. the district courts in the counties of Dane, Milwaukee, and Racine, and the registers in chancery in said counties be and they are hereby re- quested to furnish for the information of this convention a statement showing: “‘First. The number of suits commenced in their respective courts during the year ending on the first day of October, 1846. 1846] THE CONSTITUTION OF 1846 93 ‘Second. The number of trials had and suits disposed of. ‘“‘Third. The amount of money collected during the same term, ex- elusive of cost[s]. ‘‘Mourth. The amount of costs and fees charged in the business of their respective courts during the same time, by clerks, registers in chancery, sheriffs, and all other officers of their respective courts, wit- ness’ fees, jury fees, and the amount of attorneys’ fees, as near as they ean estimate the same.’’ Mr. Willard introduced the following resolution, which was read, to wit: ‘‘Resolved, That a select committee of five be appointed to in- quire into the expediency of establishing a court to be styled a court of reconciliation, and that the committee do report thereon.”’ Mr. Dennis introduced the following resolution, which was read, to wit: “‘Resolved, That a select committee, to consist of nine, be appoint- ed, to whom shall be referred all the expenses of this convention.’’ George Hyer introduced the following resolution, which was read, to wit: ‘‘Resolved, That in submitting the constitution to the people of the territory for their approval, the question—Shall the right of suf- frage be extended to negroes?—shall also be submitted as a distinct proposition, to be voted upon in like manner, and such vote shall deter- mine that provision of the constitution which makes color a distinction in the extension of the elective franchise.’’ Mr. Prentiss introduced the following resolution, which was read, to wit: ‘‘Resolved, That the committee on the constitution and organiza- tion of the legislature be directed to inquire into the expediency of ap- portioning the members of the legislature among the several counties in such manner that they shall be chosen by single districts.’’ Mr. Huebschmann introduced the following resolution, which was read, to wit: ‘‘Resolved, That a select committee of three be appointed to report to this convention an article supplementary to the constitu- tion, providing for the submission to a separate vote of the people, at the same time with the constitution, the question of giving the right of suffrage to the colored population.’’ Mr. Magone, by leave, introduced the following resolution, which was read, to wit: ‘‘Resolved, That the secretary be and he is hereby in- structed to furnish to the postmaster at Madison a list of the members of this convention, and that three members of this convention be ap- pointed a committee to ascertain and provide the ways and means to defray the necessary postage of members.’’ The resolution introduced on the tenth instant relative to the collec- tion of debts was then taken up, when Mr. Crawford moved its refer- ence to a select committee of five, which was agreed to. The President announced the appointment of the following commit- tee to whom said resolution was referred, to wit: Messrs. Crawford, French, Parkinson, Warren Chase, and Bowker. Mr. Crawford’s resolution came in order and was taken up. Mr. Crawford thought himself called upon to say something on this subject, was actuated by the best motives in offering it, 94 WISCONSIN HISTORICAL COLLECTIONS _ [ oct. 12 and hoped the convention would bear with him until he ex- plained its object. Mr. Crawford went on to say: In presenting this resolution I was not actuated by any mo- tive but the public good. In taking into view the enormous ex- pense unnecessarily made in the collection of debts is what actuated me to urge a resolution of this nature. What little experience I have had in business satisfies me that the resolu- tion is proper and just and should be adopted. Some gentle- men will say the time has not yet arrived for a resolution of this nature, but think it will arrive. To them I would say, we do not frame a constitution every day, nor every year: I will mention the state of New York, for instance, where I have done business most of my life. I will suppose—and it is mostly guesswork, not having any documents of this nature before me —that the expense in each town and ward per week for small, petty lawsuits before justices of the peace, unnecessary, will at least amount, on an average, to fifty dollars. Fifty-two weeks in a year swells the amount to $2,600 per annum. N ow, sir, there are over eight hundred towns and wards in the state of New York, and this calculation, if correct, will amount to $2,080,000. Supposing New York to be one-sixth of the United States—and I believe it is no more than that—and each state in- curs the same unnecessary expense, it will amount to $12,480,- 000 per year. Nor, sir, is this more than a small share of the expense. In the small towns, where justices’ courts are held, there are always more or less jurors called upon from their business, and must attend, be the damage ever so great to them, for the small sum of six or twenty-five cents—as the case may be—and not get that either. And in addition to that this little excitement is the cause of leading many others to those places to satisfy their curiosity, when they would, otherwise, be about their legitimate business. This, sir, does not comprehend the courts of record; neither am I able to lay before you any esti- mate of the various higher courts. If I possessed the informa- tion I should be very happy to lay it before this honorable body. My views upon this subject are that it will, in a meas- ure, put a stop to the credit system, which I consider a very great curse to both debtor and creditor. But in the end it will 1846] THE CONSTITUTION OF 1846 95 have a glorious effect, for it will place men upon their honor and stop a practice that I have seen, of a certain set of men urging litigation for the sake of making a living out of it. We have plenty of land in this territory for justices, constables, jurors, witnesses, and pettifoggers to employ themselves upon, in cultivating it, with more advantage to themselves and the country at large, than by litigating. I am very certain, Mr. President, that were I able, or could I furnish this convention with an account of the unnecessary costs that have accrued in various ways in the collection of debts, that would far exceed the amount here presented. And, sir, I do believe it would go ahead, or very nearly come up to, the amount collected while those costs were accumulating. Sir, as I have before remarked, it will throw men upon their honor, and an honest man will have no trouble in getting all necessary accommodations. And I for one, sir, as a member of the convention, have no desire to hold out any great induce- ments for dishonest men to settle among us, for, sir, there will as many of them settle among us as we need without any such inducement. I am not one of those that wish to proscribe any set of men altogether; some may think this resolution will clog the adoption of the constitution by the people; I don’t think so. Our present laws, sir—although we are not sent here to make laws—we are sent here to make a foundation for laws, and, sir, if I am not digressing from the subject and out of order—if I am, I wish to be called to order—shall I go on and make one re- mark? (Go on, go on.) Our present laws are so defective, or liberal, that the defendant, if he does not defeat the plaintiff in the suit when trying to collect an honest debt, in nine times out of ten he will defeat him on execution. If that is true, then throw men upon their honor by passing this resolution. Mr. President, supposing the above amount of nearly twelve and a half millions of dollars, or an apportionment of it agree- able to the population fifty years ago, had been applied to the support of common schools, what would have been the result? Why, sir, the result would most likely have been that I should not have been here advocating the passage of this resolution without understanding the English language. Education I con- 96 WISCONSIN HISTORICAL COLLECTIONS _ [ oct. 12 sider to be the bulwark of republican institutions, and I believe there is not a member of this convention who will differ with me upon that subject. You will see, Mr. President, that what I have here figured down does not include anything but the small courts; the courts of record would likely double the amount. I have talked with gentlemen of high attainments upon this sub- ject, and they all say that my estimate is far too low. Speak- ing of our present laws, I have known men, sir, that at night had a sign up for peddling goods, and the next morning you would see another sign up, or the old one painted or lettered anew in some friend’s name—I should think in order to evade some creditor. And I would appeal to any gentleman upon this floor, if that very thing does not go to show that our collection laws are calculated to encourage dishonesty. And if gentlemen view this in the same light which I do, they will go in for the passage of this resolution. Mr. President, one reason I give for speaking of our present laws is that if this resolution does not pass we shall have a new code of laws made for the collection of debts, which, I have every reason in the world to believe, will be no better than the present one, most certainly if we send here a “‘progressive’’ Democratic legislature. And, sir, in taking this view of the subject of this resolution, if it does not pass I think I can look ahead and see a code of laws passed for the col- lection of debts that might very well be compared with a law of the United States that makes it trespass to squat or settle upon the public domain—a dead letter. Such useless laws we do not want our statute book lumbered up with. The collection laws we shall have if this resolution does not pass will destroy the natural confidence between man and man, and the debtor will say to the creditor (if he so construes the law) ‘‘You hold a rod or iron over me, and you may make the best use of it you can; I do not consider myself honorably bound to pay it.’? And it is very easy for a great many to make up their minds that a debt in this way, crowded with a back-load of costs, is not very honorable. Some gentlemen may think it is premature, or too soon to pass this resolution, but think it will do by and by; they think the people are not ready for it. If they are not, it is time they were looking into the subject. Others may say, 1846] THE CONSTITUTION OF 1846 97 again, that the resolution would more properly be a subject of legislation, and not incorporated in the constitution. Now, sir, if this subject was left to the legislature, and a ‘‘hard’’ legis- lature should pass a law to correspond with this resolution, at some future time, even the next year, we might have (it is hardly probable, however) a ‘‘soft’’ legislature. What would be their first act? Why to repeal that law; and our laws upon this important subject might be altered or knocked into a cocked hat every year. With these remarks, I have given all the information I possess, and my own views, as far as I am capable, and can only assure the convention that it has come from an honest heart upon that subject. In conclusion I would say, if we were able to form a constitution possessing one of the human senses—that of seeing, the power of under- standing, or the faculty of speaking—and after its adoption by the people it would say, ‘‘Come under my wings and I will protect you,’’ and say to the whole people, ‘‘There is a pa- triot and there is a demagogue,’’ some coons would lose their tails. Mr. Crawford closed by moving that the resolution be re- ferred to a select committee of five, which motion prevailed, and the following gentlemen were appointed by the Chair as said committee, viz., Messrs. Crawford, [Warren] Chase, Par- kinson, Bowker, and French.—Ezpress, Oct. 20, 1846. The resolution introduced on the tenth instant in relation to the practice in the courts of record of this state was then taken up, when, on motion of Mr. Beall, it was laid on the table. Mr. Doty’s resolution came next in order and was taken up and read. Mr. Beall said he wished to make a few remarks upon the subject of this resolution, but considered the time not yet ar- rived for the convention to act in regard to this matter, and therefore moved that it be laid on the table-—Ezpress, Oct. 20, 1846. George B. Smith moved that the resolution introduced by him on a previous day of this session, in relation to adding four additional mem- bers to the judiciary committee, be now taken up, which was agreed to, when Mr. Smith, by leave, withdrew the said resolution. 7 98 WISCONSIN HISTORICAL COLLECTIONS _ [ oct. 12 Marshall M. Strong moved that the convention resolve itself into committee of the whole for the consideration of No. 1, ‘‘ Article on banks and banking,’’ and also upon the minority report upon the same, which was agreed to, Mr. Baker in the chair. And after some time spent therein the committee rose and reported progress upon the said article and asked leave to sit again thereon. Leave was granted. On motion of Moses M. Strong the convention adjourned until two o’clock P. M. Mr. Strong of Racine moved to go into committee of the whole on the reports on banks and banking. Mr. W. R. Smith said it was with reluctance that he rose to detain the convention a single moment. He was in favor of going immediately into committee of the whole; but it was a matter of necessity for him to say a few words in reply to the remarks of certain gentlemen on Saturday. He took this occa- sion to place himself in a proper position, and to relieve him- self from a false position in which he had been placed and in which he could not consent to remain at the ipse dixit of any man. It would be remembered that the report was received and the committee discharged, and that a notice of a minority re- port was made. The report was referred to the committee of the whole and ordered to be printed. Until it was printed its erudities and imperfections were not discovered. He then, as he had an undoubted right to do, moved to refer it to a select committee. The committee had been discharged from the fur- ther consideration of the subject. There was no other commit- tee to refer it to. He did not now intend to renew the motion; he was ready to vote for the motion to go into committee of the whole. He considered that the remarks in reference to his mo- tion for a select committee ungracious and uncalled for; be- cause he had said he would go as far as any man—as far as his colleague, or the gentleman from Racine. He would go as far as the real Democracy were willing to go. He was asked why refer it to the secret conclave of a select committee. His col- league was better acquainted with these secret conclaves than he was. He had nothing to do with them. He wished to refer it to a select committee. Did the gentleman fear such commit- tee? If he felt so he did not envy him his position. But his colleague had asked, ‘‘Does my venerable colleague recollect 1846] THE CONSTITUTION OF 1846 99 the responsibilities he is under to the constituency who sent him here?’’ He would answer aye! He was able to bear that re- sponsibility. In recollecting his responsibilities as represent- ing a hard currency people he had other responsibilities to discharge. He did not come here to represent a single district. He would do injustice to his constituents not to represent his district, but a higher responsibility rested upon him of repre- senting the whole people of Wisconsin. Members forgot they are here to represent the whole territory—that they are not here for mere local legislation. He, in connection with his colleagues around him, were the representatives of the whole people. Perhaps the arrows and darts that had been thrown, like boys hurling stones among a crowd to see whom they would hit, might be thrown to see who would cry out, or that the question might be asked ‘‘Who is hurt?”’ Any such attacks as ‘‘hards”’ and “‘softs’’ failed in their effects on him. He was invulnerable. They could not affect him. There were some who wished to as- sume to be leaders. He would tell gentlemen he acted upon one principle—the gentlemen had read it at school—‘Nullius ad- dictus jurare in verbum magistri.’’? In plain English—I pin my faith to no man’s sleeve; I follow no party leader’s call. He had heard some things about ‘“‘young’’ and ‘‘old”’ Democracy. He had acted with the Democratic party before his colleague was born. He expected to hear more about tadpoles in this con- vention. There was nothing in a name, but for the source from which it came it was only necessary to refer to another quota- tion—‘*‘ Mutato nomine, de te fabula narratur’’—change the name and they may apply it to themselves. He thought it the very essence of Old Hunkerism. They were floundering in the mud at the bottom of the pool, and never rose up into the clear water. When the mass of the people was in motion some were of necessity in the front, some in the center, and some in the rear. Those who were in the front might assume, or suppose them- selves leaders, when the truth was the people were only driving their leaders before them. He had acted so many years on his own hook that he could not now be forced into the traces with his colleague behind him as a driver or before him as a guide. 100 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 12 The gentleman need not waste his powder in squibs on him; he better reserve his ammunition for other occasions when he might need it. He wished to add a word in reply to the gentle- man from Racine. He said that in looking at the good-humored face of the gentleman from Racine he was disarmed. But he was about to remark that the gentleman in applying such terms as ‘‘softs’’ to him did not sufficiently know him or his political course and sentiments; and without such knowledge such ap- plication of terms might possibly proceed from something softer than its meaning in the history of Missouri polities. But in due time the gentleman would be called on to defend the po- sition he had taken, that in the Constitution of the United States and of the several states pains and penalties were made the subject of constitutional enactment. For his part he denied the position and was prepared to prove to the contrary. Mr. Smith closed by asking if the gentleman from Racine had not been a bank man a few years since, and was not the author of certain newspaper articles in favor of banks. Mr. Ryan said the last statement was absolutely and totally untrue. . Mr. Strong of Iowa should not be restrained by the appar- ent good humor of his colleague. He respected and venerated age, but he venerated principle more than age, however vener- able he that wears it. He thought he saw an attempt to smother his report. He charged it then; he charged itnow. The penal- ties of the bill were its beauties. He would not give a rush for it without the penalties. The first ‘‘soft’’ legislature would enact soft penalties, and every loophole which bankers would wish would be left open. If he had been ungracious, he still must be ungracious. The gentleman said he ‘‘came to represent the whole people.’? Then of course he represents Milwaukee ; and like some of her representatives in the legislature would ery ‘‘Do let alone our dear little Fire and Marine Insurance Company.’’ He (Mr. Strong) represented in one sense the whole people. But he represented them on Democratic prin- ciples and on ‘‘hard’’ principles. We determine by those who fluttered who were hit. If he had hit anyone, he hoped they would take it. He did not seek to be leader. Whether he was 1846] THE CONSTITUTION OF 1846 101 ahead or behind, he was in favor of incorporating penalties into the constitution and not leaving it with the legislature-—Dem- ocrat, Oct. 17, 1846. A word to the gentleman from Racine, and he (General Smith) had done. The gentleman had said much of ‘‘hards’’ and ‘‘softs.’’ These were terms he could not understand, nor had they any place in his vocabulary. He was going to say if those who opposed the report of the majority were ‘‘softs’’ (but he would not make the remark) that the report came from something ‘‘softer.’’ He has told us that he has precedents for the imposition of these penalties—crudities I call them. I shall eall on him to give them to the convention. Mr. Ryan: I will answer the gentleman by referring him to some twenty-nine constitutions found in the book of constitu- tions. I am told that the shots that flew about this convention have not struck the gentleman from Iowa (Mr. Smith). No, his broad shoulders are covered with an invulnerable armor, and no shots, however pointed or powerful, can reach him. Mr. Smith: I will ask the gentleman, for I have been so in- formed, if he is not the author of certain articles in favor of banking that made their appearance not long since in a news- paper? Mr. Ryan: It is untrue. His (Ryan’s) practice had been, when he found water run- ning, to believe that there was the spring, unless he could trace it farther. The gentleman from Iowa had made the statement, and he should leave him to trace it as far as he pleased. Mr. Moses M. Strong said he wished to make a very short speech for his constituents. This morning an issue had been made up between his venerable colleague, General Smith, and himself, and he wished his constituents who were to decide that issue distinctly to understand it. His colleague opposed the proposition contained in the original report; he supported it. His colleague supported his own amendment; he opposed it; and he now wished his constituents to understand the differ- ence between the proposition, that they might be able to decide between them. This was the difference: The original proposi- 102 WISCONSIN HISTORICAL COLLECTIONS [| oct. 12 tion prohibited the circulation of all bank notes issued within this state, and there are none except the bills of the Milwaukee Insurance Company; while the proposition of his colleague did not prohibit their circulation, it was silent on the subject. The original proposition prohibited all corporations, whether now in existence or hereafter to be created, including of course the Wisconsin Marine and Fire Insurance Company, at Milwaukee, which he supposed it was particularly aimed at, from doing banking business, such as receiving deposits of money, making discounts on loans, buying or selling bills of exchange, ete., ete. ; while the proposition of his colleague did not prohibit any cor- poration from doing that kind of banking business, it was en- tirely silent on the subject. The original proposition placed penalties in the constitution for the making, signing, or issuing any paper money or other thing intended to circulate as money, by any person, corporation, or institution; for circulating any paper money, or other thing intended to circulate as money is- sued in this state; upon any officer or agent of any corporation which should receive deposits of money, make discounts or loans, or buy or sell bills of exchange; while the proposition of his colleague did not provide any penalties whatever in the con- stitution, but proposed to leave the whole subject to the future legislature of the state. Now he supposed the effect would be just this: If the legis- lature should provide no penalties, individuals or corporations might do any kind of banking business or circulate any kind of paper money, and although for doing certain kinds of bank- ing business they would nominally violate the constitution yet they would incur no penalty for such violation; and if the pen- alties should be slight, a corporation doing an extensive bank- ing business could well afford to pay them as often as they were inflicted. But again, although a ‘“‘hard’’ legislature (which it is probable our first one will be) might impose severe penalties, yet in the fluctuations of party a ‘‘soft’’ one might come in power and soften down the penalties or abolish them altogether. He was in favor of having the constitution itself secure the peo- ple effectually against all the dangers and evils of banking and paper money in all its shapes and phases; his colleague on the 1846] THE CONSTITUTION OF 1846 103 other hand was willing to trust it to the uncertain and fluctua- ting action of future legislatures, whether ‘‘hard”’ or ‘‘soft.’’ This was the difference between us—this the issue—let our common constituents decide it— Argus, Oct. 20, 1846. On motion of Moses M. Strong the convention resolved it- self into a committee of the whole, Mr. Baker in the chair, on banks and banking. Mr. Harkin said it appeared to him passing strange that gen- tlemen of this convention who appear to be hostile to all bank- ing institutions are also for striking out the penalties. If the two or three first articles of this report are sufficient to put down banking, then the penalty will become a dead letter. It is well known there is an institution in this territory doing all the business of banking in defiance of all legislation. Now the question is, Will the penal part of this report put it down?—if it does, why not adopt it? This bank may be some like the fox, harmless close by its own door, but at some distance it is like the dog in the manger—will not give us a good currency itself and keeps other good currency out. Mr. Ryan wished to state one word to the committee before they proceeded to take under consideration the majority of his report. He wished it understood that the gentleman in the mi- nority of the committee had not expressed any unwillingness at the time that the report of the majority should be submitted, but merely remarked that he should submit a minority report more in accordance with his views upon the subject. In regard to his not having called the committee together to deliberate upon the report before its presentation he would say that he had done as the chairman of many other of the committees had done; he had drawn up a report and submitted it to the gentle- men of the committee as he could catch them. In regard to the report itself, he had heard considerable criticism upon it. He would remark that there might be errors in it, but he had pre- pared more difficult documents than this and was not thin- skinned in regard to the criticism which might be passed upon the report. Mr. Ryan was opposed to the delegation of any power whatever to the legislature to interfere with the subject of 104 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 12 banking and went over his old ground of argument in favor of the penal clauses of his report as the only effectual mode of so restricting their power. The novelty of the thing was no reason why it should not be adopted; that we had a great precedent in such adoptions of novelties. The Constitution of the United States, the great fundamental principle upon which all subse- quent constitutions have been framed, was a novelty. There was no constitution existing for their guidance or precedent. England nor any other European power had a constitution ex- cept in the minds of their statesmen. He went on to show the effects of banking in Pennsylvania, by averring that the United States Bank controlled the executive, Congress, and the state— that its periodical expansion and contraction of circulation con- trolled the money market of the whole country, thereby creat- ing a panic whenever it suited their pecuniary interests to do so. He also reiterated the probability of future legislatures being influenced by lobby beggars. Mr. Ryan occupied the floor until the usual hour of adjourning to dinner, and upon his resigning it the committee rose and reported, leave being granted them to sit again. Moses M. Strong then moved that the convention adjourn to two o’clock, which motion prevailed.—Ezpress, Oct. 20, 1846. TWO O’CLOCK, P. M. On motion of Moses M. Strong, the convention again resolved itself into committee of the whole for the further consideration of No. 1, ‘‘ Ar- ticle relative to banks and banking ”’ and the minority report relative thereto, Mr. Baker in the chair. And after some time spent therein the committee rose and reported progress on the said article and asked leave to sit again thereon. Leave was granted. Moses M. Strong moved the convention go into committee on banks and banking, which motion prevailed, and Mr. Baker was again called to the chair. Mr. Kellogg offered an amendment, which he said had struck him as expedient; he withdrew his amendment to allow Mr. Ryan to offer the following, which had suggested itself to him since his report was submitted as amendment to the original report: 1846] THE CONSTITUTION OF 1846 105 *‘Amend by inserting between the sixth and seventh sections as follows, and alter number of the seventh section to 8: ** *[Section] 7. No branch or agency of any bank or banking corporation or institution of the United States, or of any state or territory within the United States, or of any person or per- ‘sons doing banking business without this state shall be estab- lished or maintained within this state, or shall issue any paper money, bank note, or other evidence of debt whatever, intended to circulate as money, or receive deposits of money, make dis- counts, or buy or sell exchange, or exercise any other banking power or privilege whatever, in any manner or form whatever, within this state; and any officer of any such branch or other agent of any such bank, corporation, or institution, person or persons, so doing shall upon conviction thereof be fined in a sum not less than $5,000 and imprisoned in the penitentiary not less than two years.’ ”’ Mr. Kellogg then offered the following amendment: **Section —. No person shall pass, or pay, or give, or re- ceive in payment any paper money or bank note of a less de- nomination than ten dollars: Add to the amendment the words: ‘And any person or persons so doing shall upon convic- tion thereof be fined in a sum not less than____dollars or im- prisonment not less than____months, or both.’ ”’ Mr. Wm. R. Smith then offered the following as a substitute for the whole report of the committee: **Section 1. There shall be no bank of issue within this state. “*Section 2. No bank of any state, or of the United States, or of any foreign country, shall establish any branch, office, or agency whatsoever within this state. **Section 3. The legislature shall not have power to create, incorporate, or authorize in any manner or form whatsoever, within this state, any bank, institution, association, company, or individual whatsoever, possessing any banking powers or privileges whatsoever. **Section 4. The legislature shall at its first session after the adoption of this constitution provide by law for the infliction of penalties on all individuals, corporations, associations, and companies whatsoever who shall in any manner or form make, 106 WISCONSIN HISTORICAL COLLECTIONS {_ oct. 12 sign, or issue within this state any bank note, promissory note, bill, order, check, certificate of deposit, or other evidence of debt whatsoever, intended to circulate as money.” Marshall M. Strong spoke some time in favor of the adoption of the report. Mr. Whiteside was also in favor of the adoption of the re- port and knew that his free, frank, and magnanimous constitu- ency would uphold him in the course he should take by voting, for it. He went on to show the operation of paper circulation in the mining district where he came from and its many evils were anathematized of course. Mr. Chase rose to make some remarks, though not to detain the convention with a speech. He alluded to some remarks made by Moses M. Strong that he thought applied to him. Mr. Strong explained that such application was not meant. In the course of his remarks Mr. Chase also made allusion to members making speeches for buncombe, which brought out Marshall M. Strong, who rose to inform the gentleman that the allusion to members making speeches for the people could not apply to him, as he had already requested the reporters not to report anything he should say. Mr. Hicks had heard no report, amendment, or substitute yet that suited him. He was in favor of the original report so far as it went, but it did not go far enough; it was not ‘‘hard’’ enough. He had drawn up an amendment to suit himself, which would make hard harder. His amendment was as fol- lows: “‘Strike out all after the first section and insert: ‘* “Section —. The legislature shall have no power to confer in any manner or form, upon any person or persons, corpora- tion, or institution of any kind any banking power or privilege; nor any power or authority in any manner or form to make, sign, or issue within this state any paper money, bank note, bill, order, check, certificate of deposit, or any other evidence of debt intended to circulate as money. “* “Section —. No person or persons, corporation, or institu- tion, or any officer or agent of any corporation or institution of any kind shall ever make, sign, issue, pay, give, or re- 1846] THE CONSTITUTION OF 1846 107 ceive in payment any paper money, bank note, promissory note, treasury note, certificate of deposit, or other evidences of debt intended to circulate as money, which shall purport to have been issued either within or out of this state. Any person upon conviction shall for a violation of any of the provisions of this section be fined in a sum not less than $5,000 and be imprisoned not less than two nor more than ten years.’ ”’ Moses M. Strong would vote for the last amendment to the amendment and would then vote against the amendment as amended, because the original report suited him best. Mr. Ryan said he was not struggling for words nor whence words come. He took to himself no honor in framing this re- port; if it emanated from any other gentleman of the conven- tion, he would have supported it with the same heartiness. He would vote for any amendment which covered the same ground as the report. This amendment by the gentleman from Grant suited him better than the amendment of the member from Iowa, and he should therefore vote for the amendment to the amendment and then vote against the amendment as amended. Mr. Judd moved that the committee rise and report progress and ask leave to sit again, which was carried, and the committee rose.—Express, Oct. 20, 1846. Mr. Ryan moved that the amendments offered in committee of the whole to said article be printed for the use of the convention which was decided in the affirmative. Hiram Barber presented the certificate of election of Horace D. Patch, a member of this convention from the county of Dodge, who on his motion was admitted to a seat. On motion of George Hyer the convention adjourned. BANKS AND BANKING (Speech of Mr. Noggle, October 12, 1846) Mr. Cuarrman: I propose to make a few remarks upon the subject before the committee. And in doing so, permit me to say that I do not propose to make a speech for my own no- toriety or aggrandizement—nor do I intend to boast or brag about my constituents; they are a class of people possessing in- telligence and integrity sufficient to commend them to the hon- 108 WISCONSIN HISTORICAL COLLECTIONS [_ oct. 12 est deliberations of this body, without an effort on my part to puff them. The question before the committee has already been under discussion nearly three days, and has been ably discussed, and it would seem to be presumptuous on my part at this late period to attempt to throw any new light upon the subject before the committee; but, Mr. Chairman, it does seem to me that much of the discussion already had has been upon matters not in issue before the committee and in support of principles not denied by anyone upon this floor, save the gentleman from Fond du Lae (Mr. Gibson) who introduced the minority report. Ido not, Mr. Chairman, consider that we are properly to decide in voting upon this matter the question whether banks are good or bad— whether proper or improper—whether we shall have banks or not—for every member of this committee who has had the honor of occupying the floor since the commencement of the present discussion save the exception before mentioned has been loud and boisterous in declaring his hatred, indignation, and determined opposition to banks and banking in all its hid- eous shapes and forms; then can it be possible that we are dis- puting or contradicting whether we will have banks or not? From the course which the debate has taken thus far it would seem that we are warring against banks. Now, Mr. Chairman, it does appear to me that gentlemen who have addressed the committee have lost sight of the proper question, the real mat- ter in dispute. If I understand the matter correctly the real cause of dispute and which we are by our votes to settle and de- termine grew out of the two provisions contained in the major- ity and minority reports of the committee on the subject of banks and banking in connection with the substitute of the gen- tleman from Iowa (Mr. Smith) and the amendment to the sub- stitute offered by the gentleman from Grant, all of which, in my opinion, as the matter now stands before the committee, resolves the whole dispute into two questions: First, shall we exclude from circulation entirely, and at once, paper money? And sec- ond, shall the penalties contained in the report be enacted and retained as a portion of the constitution? 1846] THE CONSTITUTION OF 1846 109 As to the first, shall or shall we not exclude from circulation within the new state all paper money whatever? I answer for myself and for my constituents in the affirmative. The gentle- man from Walworth, my friend Mr. Baker, contends that it would be ruinous to the interests of the eastern portion of the territory—that the people of that portion could not transact business without the use and benefit they daily d[e]rive from foreign bank paper—that persons who sell their farms east would not be able to bring with them the gold and silver, but would be compelled to bring the paper of the neighboring banks. If this is true, Mr. Chairman, does it not then follow that we should at once discard it and distrust such currency? Are we not in imminent danger of being swindled—yes, ruined —by trafficking in such unsafe and uncertain currency? Sir, if the eastern emigrant cannot obtain the specie in the neighbor- hood of the bank, or at the bank counter, has he any right to presume that he will get the specie in the far west, a thousand miles perhaps from the banks? Most certainly not. Then is it safe, is it justice to ourselves or to our neighbors to hold out an inducement for the circulation of foreign paper money? Shall we in our magnanimity, in our great design to do the greatest good to the greatest number, say by our acts in this hall that banking shall be forever excluded from the good citi- zens of the future new state of Wisconsin, and at the same time declare to every other state that we open the door for them to roll their rags into our midst and thus enrich the foreign bank- ites upon the hard earnings of our own worthy citizens, and at the same time have a provision blazing forth in our con- stitution and upon our statute books prohibiting under a severe penalty banking in all its various shapes and forms within the new state? The gentleman from Walworth (Mr. Ba- ker) undertakes to say that the business of the country cannot be done if we exclude paper entirely—that it will be out of the question to make the necessary exchanges. Supposing that the whole business of the country was done with silver alone and every dollar received for merchandise should be sent to New York and Boston to pay for the goods, how much would it cost for freight and insurance to send all the silver to the above 110 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 12 named cities? I will undertake to say to gentlemen who find silver so very abundant and go very cumbersome that every dollar can be taken from Milwaukee to New York or Boston for less than $1.55 on the $100 as often as they are prepared to send. But I am supposing a state of things that cannot exist. I have made no allowance for our exports, which I will undertake to say are nearly as great, if not greater, than our imports. After deducting from our imports the lumber, the lead, the copper, and the produce exported from this territory at the present time (saying nothing about the wool, hides, and furs) I would ask what would be the probable balance against us? Sir, it would be in our favor. Where then the necessity of being so much alarmed about our exchanges? Gentlemen seem to think that money is not a portable article. Do gentle- men forget that all the gold and silver received by the officers of the government for nearly the whole northwestern portion of the United States is deposited at St. Louis monthly; and can it be possible that gold and silver can be taken from Green Bay to St. Louis monthly, winter and summer, easier or cheaper than it could be taken from Wisconsin to New York? Reason teaches us that if silver can be carried safely by land a thousand miles in the quantities now so carried, that it can be taken to the eastern cities much cheaper and safer. Then is it necessary to call to the aid of our commerce worthless eastern bank paper or any other bank paper? I say not, and I say further, if we are to be continually and eternally wedded to banks and bank paper, let us at once say and determine that the good citizens and capitalists of our own state shall have the privilege of furnishing it for us, and not bar them from the benefits extended to foreign nabobs. I come now, Mr. Chairman, to the second and last point in the matter in dispute before the committee: the question whether we will retain the penalties in the majority report and make them a part of the constitution. It is argued by gentle- men that such enactments are unusual, unprecedented. Now, sir, is that a sufficient reason why such a provision should not be in our constitution? It seems to me not. Sir, is it right; is it proper? All agree that the most stringent prohibitions 1846] THE CONSTITUTION OF 1846 Tt against bank and bank influence should be provided, but the great difference seems to be whether the work of prohibition shall be made complete in the constitution or whether we shall leave the most material and essential part for the legislature to do. It does seem to me that we are differing and disputing about a small matter. I, sir, have no fears in relation to the matter. I am perfectly willing to trust the matter with the people, but the friends of the measure are anxious to retain the penal provision in the constitution. Some who oppose the measure contend that such a penal enactment would be a dead letter without further legislation upon the subject. My colleague (A. H. Smith) contends that if the report is adopted it will be- come a law complete without further legislation. I do not so understand it, and therefore I must differ with him; in my mind further legislation would be necessary if the report is adopted. Provision must be made for the prosecution and re- covery by law. But the adoption of the report will completely fix the mini- mum of the punishment, below which no legislature can go. The gentleman from Fond du Lae (Mr. Gibson), who presents the minority report, says that he is opposed to the report in every particular; he however declares against banks for the present. He says he does not believe that banks will be wanted in the new state for the next ten years; but he says the time will come when we shall be more wealthy and will need banks. Now is his argument well founded? Is it true that a population of one hundred and fifty thou- sand doing a business commercial or otherwise of two mil- lions of dollars can get along better without banks than with, and is it equally true that when we have a population of six hundred thousand inhabitants doing a business commercial and otherwise to the amount of eight millions of dollars, that we must then have banks? Is it true, sir, that a merchant doing business of five thousand dollars now can do the same without the aid and assistance of banks, and ten years from this time the same merchant doing the same amount of busi- ness must then have the kind favor, aid, and assistance of 112 WISCONSIN HISTORICAL COLLECTIONS {, oct. 12 banks? I do trust, sir, there is too much good sense in this committee to believe any such doctrine. Then, sir, if the gen- tleman’s position in this respect is unfounded, does not his whole argument fall to the ground? Then, Mr. Chairman, is there anything wrong in retaining the penalty in the constitu- tion? Some gentlemen seem to think that with the penalties retained in the constitution it will look bad. Now, sir, that is not the question. I care not whether we make a long or a short, a homely or a handsome constitution. The only ques- tion with me is, How shall we make it in order to get it right? Make it right, and then it will possess all the qualifications that will be necessary to recommend it to my constituents. Some- thing has been said about trusting the people; that the Democ- racy should not mistrust the people; that Democrats should be willing to leave the question of penalty and of enacting such laws [as] shall be necessary from time to time to carry into effect the constitutional prohibition to future legislation. Now, sir, I am never afraid to trust all matters of government with the people, and I am confident that if any legislature here- after should betray the confidence reposed in them by the peo- ple, and attempt to render the constitutional provisions nuga- tory by their acts, that the people would at the very next elec- tion relieve such honorable legislators from the responsibility of serving them further. Notwithstanding I have complete confidence in the people, I have not that confidence in the legis- lature. I am convinced from the past history of our country that money has an uncontrollable influence upon legislative bodies. I well recollect the history of banking in Michigan. Although that system is charged upon the Democrats by gen- tlemen upon this floor, I must beg leave to differ with them. I admit the fact, sir, that the time the wild-cat system in Mich- igan was established by the legislature of that state, the Democracy had a majority in both branches of the legislature; but did not the main body of the Democratic party oppose, and did not the entire Whig party support it? And I ask if money was not brought to bear upon the weakness of repre- sentatives? And did not some corrupting influence bring to the assistance of the Whigs a few Democratic members—suffi- ” 1846] THE CONSTITUTION OF 1846 113 cient to carry the measures—and thus curse that state for years? And, sir, is it not an alarming fact that when Gen- eral Jackson was elected president there was a large majority in both houses of Congress decidedly Democratic? And when the term of the same Congress closed, a majority were decid- edly opposed to him? A second Congress elected by the peo- ple who took their seats decidedly Democratic and devoted friends to the President—their term expired and they closed their labors with a decided majority against the President. All this had its effect with the people; they began to inquire into the cause; a third Congress was elected and took their seats with a decided majority in favor of the administration, but to the astonishment of all, the same biennial change visited them. A fourth exertion followed on the part of the people in behalf of the administration with a similar result; and again was the will of the people, as expressed through the ballot boxes, defeated and disregarded. This was sensibly felt, but the cause was as yet unseen and untold. The energy, firm- ness, and patriotism of the President in the meantime pros- trated the United States Bank, and subsequently a settlement of the affairs of that institution disclosed the whole evil. The great cause of the numerous political changes of members of Congress was then made apparent. The financial affairs of the government monster showed that some two hundred and fifty members of Congress, during the eight years of President Jackson’s administration, had received large accommodations at that institution, all of which satisfied the people most effec- tually that a speedy divorce between the government and all moneyed institutions must take place. I mention these cir- cumstances, sir, to show the influence money has had and will be likely to have again over legislatures to prevent which the penalty in the report was proposed. I also mention these facts to show that the people are generally right, but that when money can be brought to bear upon their representatives they (the representatives) are generally wrong. Now, Mr. Chairman, what would be the great advantage to the people of this new state, if the penalties should be retained and made a part of the constitution? I will briefly give my 8 114 WISCONSIN HISTORICAL COLLECTIONS [| oct. 12 views in relation to the great benefits we should derive from the penalties proposed to be enacted. The report only pro- poses to fix the minimum below which no after legislature can go, thus settling the question forever beyond dispute, teach- ing the banking world that we have forever placed our legis- lature beyond the influence of money and corruption on the subject of banks and banking, that we have rendered lobby- ing useless and of no avail, and therefore the time that would undoubtedly be spent by our legislature in listening to the ap- peals made to them by capitalists, asking, yes, begging of them to enact mere nominal penalties in order that the rich may in a legal way monopolize all monetary affairs and thereby crush the poor. Who does not believe that the simple enact- ment of the penalty would in time save many hundred thou- sand dollars to the people of the new state? But, Mr. Chairman, while I am upon this subject, permit me to say that it is my opinion that the penalty proposed as a minimum is too high; the term of imprisonment proposed should in my opinion be reduced to one year; but by all means retain the provision for imprisonment in the state prison; for I can assure the members of this committee that imprisonment in the state prison will do more towards prohibiting the viola- tion of the provisions of such a constitution as we now pro- pose to adopt than a fine of a hundred thousand dollars. And in the case of passing, I think a forfeiture of the money of- fered would be sufficient to prohibit a violation of that por- tion of the constitution. I would in conclusion suggest, as a matter of policy, that the exclusion of foreign paper from the new state be gradual. After 1847, exclude all paper of a less denomination than $5; after 1848, all of a less denomination than $10; after the year 1849, all of a less denomination than $20; and after 1850, all of a less denomination than $50; and_all bills of $50 and over would become and take the place of bills of exchange. I have thus briefly given my views, hoping that we will act rationally on all these matters and avoid as much as possible person- alities; too much personal feeling has already been exhibited upon this subject.—Democrat, Oct. 31, 1846. 1846] THE CONSTITUTION OF 1846 115 BANKS AND BANKING (Speech of Mr. Prentiss, October 12, 1846) Mr. Prentiss said he had no desire to discuss the subject of banks and banking, but, that his course might not be liable to misconception, he wished to state briefly some of the reasons why he could not vote for the article as reported from the com- mittee. Whenever it was his duty to act in any manner to affect the general interests of the country or of any portion of it, he would so act as he believed would best promote those interests, whatever might be the consequences to himself as an individual. If he could not please all his friends, he could only say it was as much a source of regret to him as to them. The question was not whether there should be a bank, but whether they would give the power, with proper guards and under proper restrictions, to the legislature of authorizing banking in any form, at any future time, or in any possible contingency that might occur. That is the true question at issue. The great principle involved in this article, if fairly developed, would reduce the currency, which is now a mixed one, to one of a purely metallic character. The mere inhibi- tion upon the legislature of authorizing banking in any form is but half of the work; to carry out the principle they must expel from the currency everything but hard money, and that in the present age he believed was utterly impossible. In viewing this question they should not act with reference to first principles merely, they should not look upon the thing in the abstract only, as if it were new and untried, but they should have regard to the circumstances in which they were placed and tae relations which they bear to other states, and see how they would be affected by attempting to carry out the principle. If they were an isolated people, separated from all the rest of the civilized world, perhaps the principle as con- tained in the article would be well enough in practice; but as they now were, in their present condition, the principle he be- lieved was utterly impracticable. If they were to inhibit every species of banking, as a necessary consequence they must pre- 116 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 12 vent the influx of foreign bank bills; it is in vain to inhibit all banking and yet permit here the circulation of bank notes of other states, over which banks they can exercise no control or regulating power, and of the character of their notes they can know little or nothing. He would have no banking under any circumstances unless it could be done safely to the public and for their convenience; he was as unfriendly as anyone to irresponsible banking, and he was equally as unfriendly to any principle which, if carried out, would tend to impair or check the increasing prosperity of the country. This article forever prohibits the legislature from author- izing banking of any kind, under any restrictions. He was not willing that the legislature should have no power at any fu- ture time when, perhaps, the circumstances and necessities of the people might require it, to permit banking with proper guards, and under proper restrictions. Nor was he willing that the present population of the territory, of one hundred and sixty thousand, should bind half a million of people, to which the population of the territory would soon swell, upon a matter of at least doubtful policy. Besides, a constitution, in his apprehension, should consist of few, single, and fundamental principles, and not of matters of questionable expediency or doubtful policy; those should be left to the legislature properly restricted ; and especially should they not insert into the constitution provisions which cannot be enforced.—Democrat, Oct. 31, 1846. 1846] THE CONSTITUTION OF 1846 1a TUESDAY, OcToBER 13, 1846 Prayer by the Rev. Mr. McHugh. The journal of yesterday was read. Mr. Judd called the attention of the convention to an error in punctuation in printing the report of the committee on finance, taxation, and the public debt, whereby the meaning of the report is essentially altered. N. F. Hyer called up the resolution offered by him some days since, relative to obtaining certain information from clerks of courts. The Chair was of opinion that his motion would be in order when the unfinished business came up. Mr. Judd begged leave to differ with the Chair in his con- struction of the rules.—Ezpress, Oct. 20, 1846. Moses M. Strong moved that the rules relative to the order of busi- ness be suspended and that the convention do now resolve itself into committee of the whole for the further consideration of No. 1, ‘‘ Article relative to banks and banking,’’ and the minority report relative there- to, which was decided in the affirmative. And a division having been called for, there were 53 in the affirmative and 13 in the negative, The convention then resolved itself into committee of the whole for the consideration of said article, Mr. Agry in the chair. And after some time spent in the consideration thereof the committee rose and re- ported progress and asked leave to sit again thereon. Leave was granted. On motion of N. F. Hyer the convention adjourned until two o’clock, P. M. Mr. Baker took the floor in opposition to the penal clauses contained in the majority report of the committee. He did not pretend to enter into the principles of banking, as he con- sidered that principle definitely settled, no member having yet spoken in favor of banks or banking, although much time had been already spent in this discussion. He believed it to be a settled principle with every member of the committee that we were to have no banks nor banking operations whatever within the state. He thought the prohibition of the circula- ay wr ht il 118 WISCONSIN HISTORICAL COLLECTIONS [ oct. 13 tion of bank notes of other states would be injudicious and inexpedient and did not believe the people would uphold the convention in inserting such a clause in the constitution. He feared the rejection by the people of the constitution contain- ing such a prohibition. With the views he entertained upon the subject he would not be deterred from frankly and fear- lessly expressing his sentiments by any such epithets as ‘‘Old Hunker,’’ ‘Progressive Democrat,’’ ‘‘Tadpole,’’ or ‘‘Four- footed Democrat.’’ He would ask if we were prepared to ex- clude all the foreign paper money from our state. He consid- ered such a prohibition uncalled for and prejudicial to the best interests of the people. It was true, he said, that the western portion of the territory had driven out paper, which was all right so far as they were concerned, and the east could also do it by making laws to banish it. But they have never done it, nor have they ever wished to do it. The east was essentially different from the west. A constant influx of emigration pour- ing in, most of whom brought with them the paper of good, sound, specie paying banks, it was impossible in every case to bring specie in lieu of paper; specie was not so plenty there. If a man sold his farm for four or five thousand dollars, it was a difficult matter in many cases and sometimes impossible to obtain specie in payment. Therefore, if this amendment of the member from Grant should prevail, it would have the effect of checking emigration to our state and turn it off to some other quarter where their money could be used with less inconven- ience. Mr. Baker regarded the operation of this law vastly dif- ferently west than at the east. Should you say to an emigrant coming into our lake ports, ‘‘ You shall not bring your paper into our state,’’ it would most effectually check the tide of emi- gration. He said the main export of the west was lead, and of the east wheat; specie was plenty at the west because there was not that competition in lead that there was in wheat. The eastern staple of wheat must compete with the vast wheat re- gion of New York, that of Michigan, Illinois, Indiana, and Ohio; and buyers will be apt to purchase where they can do so with the least inconvenience. If they are obliged to bring with them the specie to purchase our wheat, when they can purchase their ‘ae CHARLES Minron BaxkeEr From a photograph in the Wisconsin Historical Library 1846] THE CONSTITUTION OF 1846 119 supplies in the other markets for the paper of sound banks, they will be drawn off to the other markets. The majority of our territory is a wheat growing country; laws would not be to their interest prohibiting the circulation of bills of sound banks in other states. If the people of the east wish a specie currency they can have it, or any other currency they please. Unless a law enacted to prohibit paper be sus- tained by the good will of the people it will be of no use. They ean fix the currency for themselves, and let them say what it shall be. He was in favor of leaving the penal clauses to the action of future legislatures, as it would be a novelty unheard of to name crimes and affix penalties in a constitution. The convention came here to define the future government of the state; to define the legitimate functions of the legislature; and anything further was an encroachment upon the duties of the legislature. One objection to thus lumbering up the constitu- tion with naming crimes and affixing penalties is that it would render it complex and ambiguous, not easily understood by the people, who would sometimes be compelled to consult a lawyer to define its meaning; and he was fearful lest this should cause a rejection of the constitution in toto by the people. Give the people a constitution that is plain and conspicuous in all its general principles, and allow the legislature to fill up the de- tails; give them some power and some duties to perform, and not arrogate to ourselves more wisdom and foresight than all who are to come after us. Mr. Baker referred, during his re- marks, to the constitutions of Missouri, Texas, and other states, showing that they had not gone so far as to affix penalties but instead of doing so had left to the legislatures to prohibit bank- ing, under such restrictions as they saw fit. These were “‘hard’’ states; the majority in Texas were emphatically a “‘hard’’ set. They both enjoin the legislatures to pass laws prohibiting banking; yet they do not go into detail by affixing penalties. He hoped to see our constitution in advance of all others in its liberal principles, but he did not consider it nec- essary to go into details to do this. He thought we should have our constitution plain and definite and not go into prolix de- tails more properly belonging to legislatures, by affixing pen- 120 WISCONSIN HISTORICAL COLLECTIONS [ oct. 13 alties which can never be enforced. He thought this was con- sidering the members of all future legislatures as mere chil- dren. They would be insulted by thus infringing upon their rights, to be considered ‘‘soft’’ and lable to be influenced by lobby members. They would taunt this convention with this treatment; but if this matter should be left to them, will exert themselves to carry out the intentions of this convention. Sup- pose this article should be engrafted into the constitution, how easy would it be for the legislature to say that complaint should be made five or ten days after the commission of the offense, or that two or three witnesses should be necessary for prosecution —would not that render these penal clauses nugatory? We should, then, confide to the good faith of the legislature to carry into effect our enactments; he considered it more magnani- mous to do so than to get out of our legitimate province by mak- ing laws. The penalties are too large and the imprisonment too long to render it possible to enforce them; their magnitude would shock the people. They never could be carried into ef- fect. This was not a transgression of any law of nature, such as murder, arson, or burglary, but a crime only because made so by the action of this convention. Mr. Baker gave notice to the committee that he had an amendment to the report, which he would submit at the proper time. Mr. Clark was opposed to paper money of any description, let it emanate from whence it may. He was as much opposed to the introduction of ‘‘wildeat’’ as of ‘‘ Badger’’ money, and would join in the hunt against these banks with a double-bar- reled gun, and shoot the wild cat with one barrel, the badger with the other, and then tumble them both into the same grave. He came here from an independent county, and was himself emphatically an independent man. He had heard it said on this floor that there was no such thing as an independent man to be found; it was a mistake; he would inform the gentleman who made the remark that there were independent men on the other side of the Wisconsin, and thank God and their wives these independent men were on the increase. He went the whole length in the exclusion of paper money; he had given his con- stituents a pledge to go the whole figure in opposing banks; and 1846] THE CONSTITUTION OF 1846 121 when he should be found to forfeit that pledge on this floor he hoped his tongue would cleave to the roof of his mouth, or he be in condition for the ants to carry him through the keyhole. But he was opposed to penal clauses in the report inasmuch as he considered them disproportioned to the offense. Mr. Beall would detain the convention by making a few re- marks upon this subject which had already been so ably and cogently discussed. He thought the gentleman from Walworth (Mr. Baker) had struck the right vein at last, and he had been delighted and enlightened by listening to his able remarks; he was delighted with them because he considered them practical. Yesterday we listened to the remarks of lawyers—yesterday we had theory; today we have listened to farmers, and we had the theory reduced to practice. He considered that the convention were going ahead too fast yesterday and he would hold on to the anchor thrown out to windward by the member from Wal- worth. He would not detain the convention by any set speech on this subject, as he considered the floor justly belonged to the member from Dodge (Mr. Judd) but he had a substitute for the report of the committee, which he would submit at the proper time, which substitute met his views, and he hoped it would meet the approbation of the convention. Mr. Beall said he had nothing to say in regard to the principle of banking; that ques- tion was settled. No member of the committee had yet ex- pressed himself in favor of banking and probably none would, but he did not agree with the report nor substitutes or amend- ments in detail as he was opposed to the penal clauses in the majority report and was opposed to the immediate suppression of the circulation of foreign paper money. The first because he considered it more properly the duty of the legislature to affix penalties and the latter because it would prove prejudicial to the interests of the people. Mr. Judd next took the floor, premising his remarks with the observation that he had no proposition to offer, but had risen to place himself in a right position in regard to this subject. The course the discussion had taken was calculated to place the committee in a wrong position; anyone who opposed the re- port had been called ‘‘bank’’ men, which application was not 122 WISCONSIN HISTORICAL COLLECTIONS [ oct. 13 true as regarded him, nor of any member who had preceded him, if their professions were true, and he did not doubt them. All Democrats were opposed to banks, but the ques- tion was simply upon the details, and he objected to the de- tails of the majority report. Of all the propositions sub- mitted he preferred that of the gentleman from Iowa (W. R. Smith) which was the most simple, correct, and less liable to misapprehension. The gentleman says, ‘‘The insertion of ab- stract principles into the constitution would render them a dead letter, unless the penalties were clearly defined and adopted,”’ which he did not consider was the case, and quoted from the constitution to support his argument, showing that it contained abstract propositions to which no penalty was appended. He did not understand the meaning of the gentleman’s phrases of ‘‘hards’’ and ‘‘softs’’ and therefore would not use them; the gentleman was perfectly welcome to use them in his parlance, but he wanted nothing to do with them. The idea was that the gentleman was not afraid of this convention, but afraid of all future legislatures. His opinion was that if any legisla- ture which may hereafter be sent here is corrupt enough, vio- late any article in this constitution, he was willing to consider all future officers, governors, and legislatures as honest as him- self and would [not] believe the people would ever send here representatives so wilfully corrupt as to violate any article in the constitution. By voting for the amendment of the member from Grant to the substitute offered by the member from Iowa it was in- tended to render the latter so perfectly ridiculous that its friends would not know it, and no person who sincerely under- stood it would vote for it. He would state one word in regard to the section of the amendment of the gentleman from Grant prohibiting the circulation of treasury notes within our state. Would the United States admit a state into the Union with such a proposition in her constitution, making it a felony to pass, utter, or receive a treasury note? Especially a state in which she has so much public land in market, and so much more to come into market hereafter? Most certainly not. He gave 1846] THE CONSTITUTION OF 1846 123 notice that he would not allow gentlemen to call him a ‘‘bank’”’ man because of his opposition to such a gag as these penalties. Mr. A. Hyatt Smith took the floor, but gave way to a motion to rise, report progress, and ask leave to sit again. Which mo- tion was put and carried, and the committee rose accordingly. The convention then adjourned to two o’clock.—Ezpress, Oct. 20, 1846. BANKS AND BANKING (Remarks of Mr. Beall, of Marquette, in committee of the whole) Mr. CHarrman: The gentleman from Walworth has struck the right view at last. He has broken new ground, and I have no doubt his views will exert a great influence on the results of this question. Yesterday we listened to the speeches of lawyers —we had theory. Today I trust we shall hear from farmers and their opinions of the inevitable operation of the principles which are sought to be introduced into this article. I shall de- tain the committee but a short time, as I suppose the floor prop- erly belongs to my friend from Dodge (Dr. Judd). I have nothing to say, sir, of the fraudulent practices of bank- ing and the intense feeling entertained and expressed thereof throughout the territory. I have my full share of that feeling, and I shall endeavor to carry out what I believe to be the senti- ment of that political interest to which I profess to belong. The gentleman from Racine (Mr. Ryan) has drawn a most dismal but not untrue picture of individual and financial calamity which the modern system of banking has inflicted upon this whole country, and particularly the western portion of it, and he urges upon the committee in a speech of great power and tal- ent that a system which has proved so utterly faithless in its management and ruinous in its consequences shall be con- demned and inhibited in the constitution of the state. Sir, I agree with him in all this. My hostility to the frauds of mon- eyed monopolies which in defiance of the law have plundered year after year millions from the honest and producing indus- try of the country is as fixed and inveterate as his own. I be- lieve the idea of special bank charters in this territory at least 124 WISCONSIN HISTORICAL COLLECTIONS {| oct. 13 cannot be entertained for one moment by any public man. I go further, sir. The sentiment of the masses, not only here, but all over the Union, is concentrating against monopolies of every kind with exclusive privileges; and I am greatly mistaken if the day is far distant which will produce a concurrent and unani- mous action on this subject, fixing on a surer basis the mone- tary exchanges and dealings of the people, and reducing to fact what is now, in some degree, merely the opinion and desire of the great Democratic party of the country. I shall be unable, Mr. Chairman, to vote for the measures proposed in the report of the committee on banks and banking, as amended, nor can I support the plan suggested in the amend- ment of the gentleman from Walworth (Mr. Baker) in regard to both of which I design to make a few remarks. At the proper time it is my intention to offer a substitute embodying my views and which with the permission of the committee I will now read: ‘‘Section 1. The legislature of this state shall not have power to grant any special bank charters or confer any special banking privileges whatever. “Section 2. All banks and all banking of any description whatever, either general or special, is forever prohibited with- in this state, except as hereinafter provided for. ““Section 3. No law authorizing banking in any manner or under any pretext whatever shall ever be passed by the legisla- ture of this state, except such law be general in its terms and conveying rights equally to every citizen, and shall be adopted in the following manner: The proposed law shall pass through the ordinary forms of legislation, the yeas and nays being taken and entered at large upon the journal of the legislature, and, if adopted by them, shall be published fully and distinctly in six weekly newspapers located in different sections of the state for thirteen weeks in succession next preceding any general election, and shall then be submitted to the people, and if ap- proved by a majority of the electors of this state, at such elec- tion, made to appear by the returns to the proper office as shall be provided for the election of members of Congress of the United States, then the said act shall become a law of the land, 1846] THE CONSTITUTION OF 1846 125 subject to be repealed, altered, or amended in the same manner as is provided for enacting the same, and in no other way: Pro- vided, always, the private and individual property of the stock- holders of any and all banks established under this article shall be liable for all debts contracted or notes or bills issued by the corporation or institution of which they shall be stockholders, in like manner and to the same extent as for other indebtedness, and for the term of one year after the transfer of their stock shall have been made. *‘Section 4. No person or persons, eels or institu- tion within this state, except such as are expressly authorized by law as herein provided, or any agent of any institution, cor- poration, or person of any other state or territory or of any foreign country shall issue within this state any bills, promis- sory notes, certificates of deposit, or other evidence of debt whatever, intended to circulate as money, under the penalty of a forfeiture of an amount equal to the amount so issued, and such other penalties as shall be by law provided. “‘Section 5. No corporation within this state other than those provided for in this article shall receive deposits of money, make discounts, or buy or sell bills of exchange.’’* We have then, sir, three projects before us: First. **T might say with truth that the bank owes as much to me as any other individual in the country; and I might even add that had it not been for my efforts, it would not have been char- tered. Joun C. CaLHoun.”’ “‘Of the constitutional power of the national government to create a bank, I did not then, nor do I now entertain a doubt. Of the ability of Congress to create such a bank as would be a safe machine of finance and serviceable agent in preserving a sound currency, I then was as I am still convinced. Grorce M. Datuas.”’ J. T. Leath and others put the following interrogatories to Mr. Polk, viz: ‘‘1. Are you in favor of a mixed currency of paper money and the precious metals? 2. If so, from what source should paper money emanate—from the state govern- ment or general government.?”’ 1846] THE CONSTITUTION OF 1846 151 **T answer, that I amin favor of such acurrency. The states, having exercised the power of chartering banks of issue from an early period of the government, and with the general acqui- escence of the people, all must expect and concede that there must and will continue to be state bank paper circulation, whether a national bank exists or not. J am therefore in favor of a currency to consist of the precious metals and the paper of specie paying state banks, convertible on demand, into specie. James K. Poux.”’ Marshall M. Strong rose to a question of order, whether it was in order to read from written documents during the pend- ing of a debate. Mr. Burchard continued reading and did not yield the floor. He said he had not risen to detain the convention by a speech, but to correct a wrong impression thrown out by the member from Dane, that the leaders of the Democratic party had always been opposed to banks and banking. Andrew Jackson had no objection to a United States bank and thought it would be a good and useful institution if he could have a hand in fram- ing its charter, but when he thought his dignity had not been sufficiently reverenced by not allowing him to meddle in the matter he had hurled his veto at it and annihilated it. But he would come down to men who now live and are looked up to as leaders of the Democratic party and would ask the member from Dane if John C. Calhoun, Martin Van Buren, James K. Polk, and George M. Dallas were to be considered leaders, or should be placed in the rank and file of the party? He thought the President was looked up to as the very head and front of the party. He only wished to set the gentleman from Dane right in this matter—to place the saddle on the right horse. He came here as a Whig and would defend so far as able the prin- ciples of the party with which he was identified. Mr. Moore made some remarks, when the question on the adoption of Mr. Hicks’ amendment was put and lost. Mr. Baker then offered the following as a substitute for the amendment of W. R. Smith: ‘Section 2. The legislature shall have no power to create, authorize, or incorporate any bank or other institution or cor- poration having any banking power or privilege whatever. 152 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 15 ‘Section 3. The legislature shall have no power to confer upon any person or persons, corporation, or institution, any banking power or privilege whatever. **Section 4. The legislature shall at its first session after the adoption of this constitution prohibit, by law, under severe penalties, individuals and corporations, and the officers and agents of corporations from issuing bills, checks, drafts, cer- tificates of deposit, promissory notes, or other paper intended to circulate as money. ‘*Section 5. The legislature shall, at its first session after the adoption of this constitution, also prohibit by law, under severe penalties, all corporations, the officers and agents doing the business of buying and selling bills of exchange, receiving deposits of money, making discounts, or exercising any other banking powers or privileges.”’ Mr. Baker explained his reasons for offering his substitute at some length. W. R. Smith took the floor in support of his amendment. He showed up the moves of the Retrogressives from the opening of the session to the present time—from when the member from Racine had endeavored to define the usage of caucus to ‘‘cork us’’—the calling for the ayes and nays on the question of print- ing 2,000 copies of a report of one of the committees, which his colleague avowed was for the purpose of distinguishing the Young and Old Democracy and the Crawfish. Next the report of the committee on banks and banking, when all who did not choose to support the proposition with all its crudities and im- perfections were called bank men, and ‘‘hards’’ and ‘‘softs’’ were thrown around the room like small shot, to see who would be hurt. Mr. S. alluded to the change which had come over Marshall M. Strong, since he so strongly favored the banking system in the columns of the Racine Advocate (Mr. Strong ex- plained that it was done by a journeyman in the office, without his knowledge) of which he was the ostensible editor. He also spoke of the recent great change in the political creed of Mr. Bevans; he thought on this earth there ought to be great rejoic- ing over a sinner who repented of his political sins, and was therefore glad to hail the gentleman as a new disciple of ‘the ereed he had adopted. 1846] THE CONSTITUTION OF 1846 153 Some gentlemen had said there was a desire in his amend- ment, some hidden intention to favor private banking. These gentlemen surely cannot read, or if they can read, are unable to comprehend, and he thought it a hard matter that he should be expected to find words and comprehension both. The prohibi- tion was strong enough in the fourth section of the amendment, which strictly prohibits the legislature from authorizing or countenancing private banking. The convention then adjourned to two o’clock—Ezpress, Oct. 20, 1846. BANKS AND BANKING (Speech of Gen. Wm. R. Smith, in committee of the whole, October 15, 1846) Mr. Presipent: At length we are approaching land, and I shall soon assist in bringing our boat to the shore, heavily laden as it is with the propositions, amendments, and discussions of many days’ debate. I am pleased to say that the committee, as well as myself, will be relieved from a long speech on the merits and demerits of the article as reported by the chairman of the committee on banks, together with the substitute as offered by me, and the proposed amendments to both. The remarks of my friend from Grant (General Burnett), who yesterday appeared for the first time in his seat, have so fully and ably placed all the proposi- tions in their proper light and position that any further ob- servations from me have been rendered unnecessary. He came here fresh and with his sound mind unburdened with our vari- ous discussions, and he has taken up the whole matter with such ability that I could not add weight to his argument, and I would not lessen its effect by any remarks of my own. But still a remnant has been saved for me, and I shall take this occasion to return some trifles which have been so gratui- tously lent to me by several gentlemen who have participated in this debate. The debt I seek to pay is to the two gentlemen from Racine (Messrs. Ryan and Strong), the gentleman from Rock, before me (Mr. A. Hyatt Smith), the gentleman from 154 WISCONSIN HISTORICAL COLLECTIONS {[ oct.15 Grant, on my right (Mr. Bevans), the gentleman from Dane (Mr. John Y. Smith), and my colleague (Mr. Strong) whom I do not see in his seat. (Mr. Strong called from another part of the house that he was present.) Our long discussion has arisen out of the abundant benevo- lence of the gentleman from Racine (Mr. Ryan) in giving us something to do. How did the report come into the convention? A committee was appointed in the evening of one day, and the next morning a report is presented, which, according to the gen- tleman’s own statement, was drawn up by himself, shown to his fellow members of the committee, dissented from by one, not deliberated on in committee, but merely out of his beneficence to give the convention something to do he makes the report with all its crudities and imperfections, which are thus readily ac- counted for, and he has gained his desire, for truly we have had enough to do. Sir, when we came here, we counted more than one hundred Democrats in the convention. We had more than eighty on the first day—Democrats prepared to go to their work—ready for the muster of rank and file—but in the estimation of some would-be leaders the muster alone was not sufficient—they must also have a drum for the company, and he was no Demo- crat who did not at the sound of the drum march up to the hal- berd of the drill sergeants. Who first beat the drum and sounded the alarm? The gen- tleman from Racine (Mr. Ryan). We were told that we could not go into an election for president until the Democratic drill was had—that is, that we could not trust ‘‘ourselves,’’ and those who then told us that we could not trust ‘‘ourselves’”’ are the very men who now say that ‘‘they are afraid to trust the people.’? Consequently a caucus was to be called. It is not unprofitable to look back some years. In 1807 Stephen Roe Bradley, then a United States senator from Ver- mont, at the close of the session at Washington called a meet- ing of the Democratic members of both houses of Congress to hold a caucus, in order to select candidates for president and vice president of the United States. This was a deviation from the old mode of having those officers selected in the several 1846] THE CONSTITUTION OF 1846 135 states according to the constitution, and it produced an una- nimity of action which resulted in the election of the respected and venerated Madison. This was the first introduction of the term ‘‘caucus’’ in pol- itics, and I believe the first time it was thus used. Whatever be its derivation, the term in our day seems not only to have lost its original meaning, but also its mode of spelling—it now is compounded of two words, ‘‘cork us’’; that is—seal us up hermetically, ready to be unbottled and let out at the will of our file leaders. But I, for one, respond to no such action. I am not willing to be ‘‘used’’ when ‘‘wanted.’’ I act on my own responsibility and follow no drill sergeant. Who next sounds the drum? My colleague (Mr. Strong of Iowa). He beats his call on ‘‘Old Hunkers,’’ ‘‘ Young Democ- racy,’’ ‘‘Progressive Democracy,’’ and ‘‘Crawfishing,’’ and this on the small question of printing two thousand copies of a report,—I believe this the same bank report now before us. But when these primary matters had been disposed of, and the famous bill of pains and penalties, which was to give us something to do, was taken up in convention, I offered a sub- stitute. This did not suit the leaders. They complained that I did not cover all their ground—that I did not meet all their propositions! Wonderful cause of complaint, indeed! Sir, if I proposed a substitute or an amendment which met my own views, if I covered as much of their bill of pains and penalties as I chose to take in, it was my undoubted right to do so. Why should complaint be made? If I had embraced and embodied all the crudities and imperfections of the bank report in my substitute, it would have become identical with the bill of pains and penalties itself, and subject to the same objections. Sir, the drum is once more called into service; it is beaten long and loud—terms of ‘‘hard’”’ and ‘‘soft’’ are bandied about as numerous as small shot, in order, as I once before ob- served, to see who could be hit or hurt. But, sir, the call ap- peared to me unnecessary—the whole body of the Democracy who caused this convention to assemble had spoken—the mere question of bank or no bank, in the constitution, had long since been settled ; whether the legislature should or should not have 156 WISCONSIN HISTORICAL COLLECTIONS f oct. 15 the power to grant bank charters or banking privileges was a foregone conclusion—on this subject the Democracy were all united. It was unnecessary to beat their drum to rally Demo- crats on this question, unless there was an undercurrent in mo- tion which it had become necessary for all the well-drilled to follow, at the risk, on refusal, of being called a bank man. I believed this undercurrent to be in motion, and I saw the source whence it flowed, but I did not choose to follow its course or to be swept by it even at the risk of being called a bank man. I can afford to run that risk. But called so by whom, sir? By those who come here with their articles of a constitution ready, cut and dry, in their breeches pocket, which we must be drummed up to swallow— crudities, incongruities, imperfections and all—under the high pains and penalties of being shut out from worship at the tem- ple of the Magnus Apollo from Racine (Mr. Ryan), the great Sun of Democracy! Sir, there are many ministering priests in this temple who officiate at the tripod and assume to be the true interpreters of the Delphi[e] oracle. The two gentlemen from Racine—the gentleman from Grant so lately a convert to the true faith— the learned gentleman from Rock, my colleague, and the gentle- man from Dane who holds the high station of ‘‘promulgator’’ and ‘‘publisher’’ of all the oracles to the ignorant world. Now as to these officiating ministers, how long is it since many of them (except my colleague whose course I have known for near ten years) were in favor of banks? How long since they have become the exclusive guardians of all the antibankism of the Democratic party? Sir, I understand that it is only a very few years since cer- tain publications in favor of banks appeared in a newspaper of which the gentleman from Racine on my left (Strong) was os- tensibly the editor. (Mr. Ryan explained and said that it was false; he was not the author of them.) I do not allude to the gentleman from Racine on my right (Ryan). Ihave heard the gentleman from Racine (Ryan) deny this matter before—I am bound to believe him—I have said 1846] THE CONSTITUTION OF 1846 157 that the publications appeared in a Racine paper of which the gentleman on my left (Strong) was ostensibly the editor. (Mr. Strong rose to explain—he said he had no recollection of such articles while he was editor; if put in it was by the jour- neyman. ) I am bound to receive his explanation. But in referring to the gentleman from Grant (Mr. Bevans) I know that it is right and just that even on earth we should rejoice over one sinner that repenteth, and as he has joined our ranks, [ hail him as a convert to Democracy, but still I cannot help observing that within the little space of two years the gentleman has acted with the universal ‘‘Whig party’’ who have, as such, always been in favor of banks. (Mr. Bevans explained that he had not for some years been a bank man, but that he had acted with the Whig party from his youth, until perhaps a year or three years past.) How long is it since the gentleman from Dane has left the Whig party and joined the Democracy? (Mr. John Y. Smith said he had never ‘‘voted’’ a Whig ticket. ) I speak of his associates. Be it so, as to his ‘‘vote.”’ Now as to my colleague (Strong) ; what I am about to say is not to his disapprobation on this subject—as to what has al- ready passed between us perhaps I returned as much as I re- ceived. But I speak of times when we fought side by side against banks and in favor of the ‘‘hard.’’ Although we had a fierce combat to meet, yet we had many excellent coadjutors—men who did good service in the cause—we should not assume to be leaders on that account. And it may not be improper here to say that an indefatigable ally was to be found in Beriah Brown. He . traveled over the mining region in the lower part of our county on foot, stirring up the miners, and induced a meeting to be held at Hard Scrabble, of which he was secretary and reported the resolutions, by which the whole of the southern miners of our county of Iowa determined to receive nothing but gold and sil- ver for their mineral and lead. The impetus here given spread over the county, and my colleague most certainly in that im- portant contest fought nobly, valiantly, and victoriously. 158 WISCONSIN HISTORICAL COLLECTIONS [| oct. 15 (Mr. Strong said that the Mineral Point meeting was first.) I care not—first or last—we all fought together. Sir, we are here in this discussion tendered a false issue— as Democrats this false issue deserves to be reprobated by us. It is not an issue of bank or no bank—but it is an issue on the question of engrafting a bill of pains and penalties on our con- stitution or of leaving the enactment of penal statutes to their legitimate source, the legislature. The introduction of my substitute roused the ire of the ex- clusive file leaders. I was placed for a time in the situation of poor old Lear: The little dogs and all— Tray, Blanche, and Sweetheart, See, they bark at me! Sir, I might naturally expect opposition, but I also expected to meet with such opposition in the examination of my propo- sition fairly and to have its merits and its imperfections set forth properly in their respective positions of right and wrong. I have been mistaken. The gentleman from Rock before me (A. H. Smith) in all the astuteness of his legal wisdom and with all the keen vision of a deep searcher into affairs, not being able to find tangible defects in my substitute, spies out ‘“intentions!’’ He cannot see what is plainly set forth in lan- guage not to be misunderstood in the substitute, but he actu- ally discovers what is out of it, and in loud and learned argu- ment attributes to me secret intentions of covering and pro- tecting private banking! The gentleman from Grant (Bey- ans) follows the Attorney General and does the same. Sir, I had supposed that when I declared my sentiments to this convention on the subject of banks—when I had reduced those sentiments to writing, in the shape of a substitute and amendment—when the distinct section which prohibits ex- pressly all private banking was printed and spread before the members of this committee, I should at least have escaped the accusation of having a concealed intent. (Mr. Smith here read the section prohibiting individuals, ete., from issuing notes.) Now this whole matter can scarcely be misunderstood by any candid mind. I know the gentlemen can write, but can they 1846] THE CONSTITUTION OF 1846 159 read? If they can, I do not believe they can comprehend, and ' Tam not bound to find words and comprehension also. If lam wrong in regard to their acquirements, then their observations must proceed from want of courtesy; and sir, when courtesy does not exist, I cannot expect it; when it is not voluntarily conceded I never ask for it. But I do not envy either of the gentlemen their sentiments or their judgments; neither do I regret their expression of them. But I protest against the be- lief of the gentleman from Rock being uttered for the whole convention, as he has desired. (Mr. Bevans explained, and disclaimed any intention of dis- courtesy. ) Again, Mr. President, the gentleman from Rock, following up the great subtlety of the gentleman from Racine (Ryan) has discovered the impropriety of the use of two words, ‘‘create’’ and ‘‘possessing.’? They say, ‘‘ Whoever heard of the legisla- ture or the constitution creating an individual?’’ And ‘‘pos- sessing’’ is ungrammatical where it is used! My answer is briefly this: The word ‘‘create’’ is coupled with ‘‘incorpor- ate’’ and ‘‘authorize,’’ which may well apply to an individual, and, at all events, without descending to ribaldry. I have gen- erally understood that good constitutions could best create in- dividuals, and as the propositions were always open to amend- ment the mere verbiage in so trifling an objection was of no importance. As to the word ‘‘possessing’’—it could be well amended by the words ‘‘to possess.’? Such hypercritics were always sticking in the bark; they never went into the solid wood, the real substance. The gentlemen raise shadows, and like Don Quixote they mistake windmills for giants, and valiantly placing their lances at rest they run a tilt at them—TI shall leave them to their diver- sion. But, sir, as to the amendment—to the substitute as proposed by my friend from Walworth (Mr. Baker)—I am well satisfied with it, provided it embraces the several provisions and covers the substance of the substitute; as such I shall support it, be- cause I am only anxious to have the question taken on the real merits of the several matters on which the committee have dif- 160 WISCONSIN HISTORICAL COLLECTIONS [ oct. 15 fered. I am not ambitious of having my substitute adopted. I have broken the ground of resisting the adoption of the bill of pains and penalties, and the amendment of the original re- port in any proper manner, or the adoption of the substitute, or the amendments of the gentleman from Walworth shall all or either meet my approving vote, so as to get out of committee with our proceedings into convention, when we shall have an opportunity on all occasions of recording our names on all and every proposition offered. Mr. President, I have done; I hope the vote will immediately be taken.—Democrat, Oct. 24, 1846. TWO O’CLOCK, P. M. The convention resolved itself into the committee of the whole on ar- ticle No. 1, ‘‘ Article relative to banks and banking,’’ and the minority report thereon. And after some time spent therein the committee rose and reported the said article back to the convention with amendments. Mr. Ryan then moved to amend the report of the committee by strik- ing out all after the third section and inserting as follows: ““{Section] 4. No person or persons, corporation, or institution whatever shall, under any pretence or authority whatever, in any man- ner or form whatever, make, sign, or issue within this state any paper money, or any bank note, promissory note, bill, order, check, certifi- cate of deposit, or other evidence of debt whatever, intended to circu- late as money; and any person or persons, or any officer or other agent of any corporation or institution so doing shall, upon conviction there- of, be fined in a sum not less than $10,000 and imprisoned in the peni- tentiary not less than five years. ‘*{ Section] 5. No person or persons shall utter, pass, or pay, or give, offer, or receive in payment any paper money, or bank note, prom- issory note, bill, order, check, certificate of deposit, or other evidence of debt whatever, intended to circulate as money, which shall purport to have been issued in this state before or after the adoption of this con- stitution, by any person or persons, corporation, or institution what- ever, and any person or persons so doing shall upon conviction thereof be fined in a sum not less than five times the nominal amount so ut; tered, passed, or paid, or given or received in payment in each case. ‘*TSection] 6. No corporation within this state shall exercise the business of receiving deposits of money, making discounts, or buying or selling bills of exchange; and any officer or other agent of any cor- poration so doing shall, upon conviction thereof, be fined in a sum not less than $5,000, and imprisoned not less than two years. ““TSection] 7. No branch or agency of any bank or banking corpora- tion or institution of the United States or of any state or territory with- in the United States, or of any foreign country, or of any person or 1846] THE CONSTITUTION OF 1846 161 persons doing banking business without this state shall be established or maintained within this state, or shall issue [any] paper money, bank note, or other evidence of debt whatever intended to circulate as money, or receive deposits of money, make discounts, or buy or sell ex- change, or exercise any other banking power or privilege whatever in any manner or form within this state; and any officer of any such branch or other agent of any such bank, corporation, or institution, person or persons so doing shall, upon conviction thereof, be fined in a sum not less than $5,000 and imprisoned in the penitentiary not less than two years. “*[Section] 8. It shall be the duty of the legislature from time to time, as may be necessary, to pass all acts and acts requisite to enforce any provision of this article.”’ Mr. Ryan called for the ayes and noes on the adoption of said amend. ment, which was ordered. Mr. Judd moved a call of the house, which was ordered, and Messrs. Bowen, Fitzgerald, Mills, and Pierce were found absent. Mr. Dennis moved that Mr. Bowen be excused from his attendance in the conven- tion, which was agreed to. On motion of Mr. Magone, Mr. Fitzgerald was excused from his attendance in the convention. (On motion of Mr. Noggle, Mr. Mills was excused from his attendance in the convention. ) Mr. Judd moved that further proceedings under the call be dispensed with, which was agreed to. Mr. Doty called for a division of the question. And the question having been put on striking out all after the third section of the report of the committee of the whole, it was decided in the negative. And the ayes and noes having been called for and ordered, those who voted in the affirmative were [affirmative 34, negative 7 3; for the vote see Ap- pendix I, roll call 7]. Moses M. Strong moved to amend the report of the committee of the whole by adding the following as section 6, to wit: “Section 6. No person or persons, corporation, or institution what- ever shall, under any pretence or authority whatever, in any manner or form whatever, make, sign, or issue within this state any paper money, or any bank note, promissory note, bill, order, check, certificate of deposit, or other evidence of debt whatever intended to circulate as money, and any person or persons, or any officer or other agent of any corporation or institution so doing shall, upon conviction thereof, be fined in a sum not less than $10,000, and imprisoned in the peniten- tiary not less than five years.”’ And the question having been put on the adoption of the said amend- ment, it was decided in the negative. And the ayes and noes having been called for and ordered, those who voted in the affirmative were [affirmative 34, negative 72; for the vote see Appendix I, roll call 8]. Mr. Noggle moved to amend the report of the committee of the whole by adding to the fourth section as follows: ial 162 WISCONSIN HISTORICAL COLLECTIONS [_ oct. 15: ‘* And the legislature shall, at the first session after the adoption of this constitution, provide by law for the punishment in the state prison and by fine [of] any person or persons whatever, who shall violate any of the provisions before mentioned in this article.’ And the question having been put on the adoption of said amend- ment, it was decided in the negative. And the ayes and noes having been called for and ordered, those who voted in the affirmative were [affirmative 40, negative 63; for the vote see Appendix I, roll eall 9]. Mr. Ryan moved to amend the report of the committee by inserting the following additional section, to wit: ‘*Section 6. No person or persons shall pass, pay, or give, offer, or receive in payment any paper money, bank note, promissory note, bill, check, order, certificate of deposit, or other evidence of debt what- ever intended to circulate as money, issued without this state, after the year 1847, of any denomination less than $10 nor, after the year 1849, of any denomination less than $50.’’ And pending the question on the adoption of said amendment, Mr. Dennis moved a eall of the house, which was ordered, and Messrs. Burnside and Pierce reported absent, when, on motion, further pro- ceedings under the call were dispensed with. The question was then put on the adoption of the said amendment, and was decided in the affirmative. And the ayes and noes having been ealled for and ordered, those who voted in the affirmative were [affirm- ative 56, negative 49; for the vote see Appendix I, roll eall 10]. Mr. Beall then moved further to amend the report of the committee by inserting the following as a substitute therefor: ‘‘Section 1. The legislature of this state shall not have power to grant any special bank charter or confer any special banking priv- ileges whatever. ‘Section 2. All banks are, and all banking of any description what- ever, either general or special, is forever prohibited withim this state (except such as is hereinafter provided for). ‘*Section 3. No law authorizing banking in any manner or under any pretext whatever shall ever be passed by the legislature of this state, except the said law be general in its terms, and conveying rights equally to every citizen, and shall be adopted in the following man- ner: The proposed law shall pass through the ordinary forms of legis- lation, the yeas and nays being taken and entered at large upon the journal of the legislature, and if adopted by them shall be published fully and distinctly in six weekly newspapers located in different sec- tions of the state for thirteen weeks in succession next preceding any general election, and shall then be submitted to the people, and, if approved by a majority of the electors of this state at such election, made to appear by the return to the proper office as shall be provided for the election of members of Congress of the United States, then the said act shall become a law of the land, subject to be repealed, altered, or amended in the same manner as is provided for enacting the same, 1846] THE CONSTITUTION OF 1846 163 and no other way. Provided, always, the private and individual prop- erty of the stockholders of any and all banks established under this article shall be liable for all debts contracted or notes or bills issued by the corporation or institution of which they shall be stockholders, in like manner and to the same extent as for other indebtedness, and for the term of one year after the transfer of their stock shall have been made. “Section 4. No person or persons, corporation, or institution with- in this state (except such ag are expressly authorized by law herein provided) or any agent of any institution, corporation, or person of any other state or territory or of any foreign country shall issue within this state any bills, promissory notes, certificates of deposit, or other evidence of debt whatever intended to circulate as money, under the penalty of the forfeiture of an amount equal to the amount so issued, and such other penalty ag shall be by law provided. “Section 5. No corporation within this state, other than those pro- vided for in this article, shall receive deposits of money, make discounts, or buy or sell bills of exchange, “Section 6. The legislature of this state shall have full power to pass all necessary laws to carry into effect the provisions of this ar- ticle.’’ And pending the question on the adoption of the said amendment, Moses M. Strong moved to adjourn to seven o’clock this evening. On motion of Mr. Magone the convention adjourned. Mr. Beall got the floor after much trouble and offered his amendment, whereupon ensued a scene of disorder and confu- sion which we imagine but rarely occurs in such august bodies as conventions for the framing of constitutions, and which we sincerely hope never to witness again during this session. Mr. Beall retained the floor, when Moses M. Strong rose to a ques- tion of order; the Chair decided Mr. Strong’s question was not entitled to raise a point of order; Mr. Beall insisted upon his right to offer his amendment; Mr. Strong appealed from the decision of the Chair; the Chair altered his views upon the question in dispute, and upon motion the convention ad- journed.—Express, Oct. 20, 1846. 164 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 15 BANKS AND BANKING (Speech of A. W. Randall, October 15, 1846) Mr. Cuarrman: The question before the convention is one of some importance. It is a question which has occupied much of the attention of the great political parties—and the question of no banks by legislative chartering has been one of the watch- words of the great Democratic party. The majority report of the committee on banks and banking, with its proposed amend- ments, however, deserves serious consideration. This report presents to us a perfect anomaly in the history of banking re- strictions. It has been conceded on all hands and is now con- ceded that an article should be incorporated in the constitu- tion of the state of Wisconsin prohibiting the legislature from granting bank charters or special banking privileges. In the county which I have the honor in part to represent the Demo- cratic party have taken this ground, and as far as I have been able to ascertain from the public prints and other sources, this is the ground universally taken by the Democratic party in this territory. This position, assumed by the Democrats in every section of the country, I fully accord to. Thus far will I go and no farther. Sir, I was not here at the meeting of this con- vention or on the first week of its session. I have no personal knowledge of the differences and difficulties that arose among the members of the convention in the election of officers or appointment of committees, and therefore know little of the true causes of the personal and sectional prejudices that have arisen here, and which seem peculiarly to have shaped the course and conduct of members. A partition wall has been builded up here which appears to keep asunder certain par- ties. Sir, I know little of these divisions, and I eare less. I was not sent here to build up a particular political party, or to attach myself to either wing of the party to which I belong. I care nothing and know nothing of your ‘‘hards,’’ ‘‘softs,”’ Tadpoles, Old Hunkers, Barnburners, or any other political branch of this body. I was sent here to assist in framing a constitution—a fundamental law for the state of Wisconsin— 1846] THE CONSTITUTION OF 1846 165 and I intend so to act here as in my opinion will best conduce to the interests of the whole state—the general universal in- terest. I conclude, sir, that, although we were sent here from different counties, and in a measure bring with us the peculiar sectional views of those different counties, as a conventional body we represent the wishes of a great state and are bound to act for the interest of that state. Our action then should not be characterized by any narrow prejudices, by any over- weening selfish ambition, or by any political party considera- tions. A great important fundamental law is to be made by us, a law which for good or for evil will have an important bearing upon the rights, interests, and duties of the people. It has been remarked here by the gentleman from Racine (Mr. Ryan) that the different articles which we propose to in- corporate into our constitution are mere declaratory proposi- tions having no positive force of themselves, and having no bearing upon the people, except as a mere detail of rights. This is a narrow view, it seems to me, of the constitution of a state; I see it through a different glass. I look upon our state constitution as standing in the same relation to the laws and rights of the people as the foundation is to the structure, as the base to the column. It is the great embodiment of the will of the people, the source of legislative and judicial and executive power—the great supporter of all our laws and state institutions. We fall back upon it when we seek our rights in courts of justice—we lean upon it as the bulwark of our political and civil strength—all our hopes are centered in it, and must be, so long as it stands the great general law of our young but vigorous state. Feeling as I do, therefore, I can- not look upon our duties here as of so low and ordinary a char- acter as to make us reckless in regard to the incorporation of articles in this constitution, and I doubt, much doubt, the right or justice of the attempt to force by authority of law the adop- tion of newly developed political or civil principles until the mass upon whom they are to operate are fully prepared to re- ceive them. It is well enough, yes, sir, it is right to advocate new and valuable propositions and principles in advance of public opinion. If your theories are good and have a bene- 166 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 15 ficial practical tendency, it is fit and proper that they be ad- vocated—that they lead and direct public opinion—that they temper and mold that opinion. But, sir, when you come to legislate you must pursue a different course. You may rea- son and theorize in advance, but you cannot legislate in ad- vance of the great public will. Your legislative action should ever be up even with the settled public will, but never beyond it. It is the will of the mass expressed in the opinions of the mass which gives the force to your law and ensures its proper application. You never can enforce a prosecution where the moral, political, or civil sense runs counter to the spirit of the act to be enforced. When you vainly attempt it, you run blindly or wilfully against a great wall—a wall of will—of in- terest—of passion—against which you cannot prevail. And, in regard to their probable bearing upon the different interests of our territory, all the different theories that may have found their way hither may not safely be relied upon as true guides; our most favorite opinions may not have a beneficial bearing. The knowledge of men’s rights, interests, and duties, which we get from books, or which in ‘“‘faney dreams’’ have come across our minds, is poor foundation upon which to build the civil and political hopes of men. I look upon this report as one of the vagaries, wild vagaries, chosen from the ten thousand loose doctrines, creeds, dogmas, and delusions by which in this progressive age we are all sur- rounded, and while speaking of progression let me suggest to gentlemen here who talk long and loudly of the progressive democracy that we take great care lest our progression be crab-like in its tendency. It is barely possible that we may : progress backwards. In the report before us we are trench- ing upon legislative authority. We talk of Democratic fea- tures and are hurrying away from correct Democratic prin- ciples. I love to see men reaching after perfection. I love to hear of some newly discovered practical theory—some new- founded principle of important and valuable tendency. It proves the struggling, chafing labors of a great genius to un- ravel the hidden things that bear upon our interests. 1846] THE CONSTITUTION OF 1846 167 The first three sections of this report are not particularly objectionable, though I think they could be much improved. But the balance of this report is of a most serious and singular character. A promissory note is a representation of value; a bank note, a bill, order, check, certificate of deposit are each of them a representative of value; gold and silver coin is a representative of value. For making, signing, or issuing a representative of value you propose in this fourth section to punish any person or persons or any agent of any corporation or institution by a fine of ‘‘not less than ten thousand dollars and imprisonment in the penitentiary not less than five years.’’ Where do you get your evidence that any note, bill, check, cer- tificate, etc., is intended to circulate as money? You judge the intention by the act. What is a circulation? It is a passing from hand in exchange for articles of purchase, or im the pay- ment of a debt, or in the shape of a loan. What particularly characterizes these certificates, bills, notes, etc.? Why, sir, the fact that they are printed, have pictures on their face, and are numbered. Here then you have a beautiful picture—a man, whose careful business habits are such that he numbers and keeps a faithful record of his notes, who has his promissory notes printed, who perhaps may have a picture of his mill, his store, or any other business establishment on their face, and who gives to a creditor one of these notes to pay a debt, to buy a horse, to obtain a loan, shall be punished by a fine of ten thousand dollars and be imprisoned in the penitentiary five years. Any man of you who should be so unfortunate as to receive a bill or check on some moneyed man, the check or bill numbered, printed, or having a picture on it, and who trades that bill or check to some other for a horse, a cow, or for wheat, and that man in turn trades it for any necessary article of pur- chase, or merchandise, whatever the amount may be, shall be punished by a fine of ten thousand dollars and by imprison- ment in the penitentiary five years. Any man who makes a deposit of money, and receives for it a certificate of such de- posit, printed, with a picture of a house or store upon it, or picture of a ship upon it, and who trades it out for any article 168 WISCONSIN HISTORICAL COLLECTIONS [f oct.15 he wants to buy, shall be punished by a fine of ten thousand dollars and by imprisonment in the penitentiary five years. Gentlemen may talk as long and loudly as they please of such being a forced construction. Sir, those who would unblush- ingly propose such doctrines and attempt to enforce their ob- servance by a positive law are capable of the most odious con- structions, even if the construction I put upon it was forced, but itis not. Let any man who professes to have a knowledge of law examine this fourth section as it now stands, with his knowledge of the rules of evidence and construction in our courts of justice, and if he is an honest man he will tell that in each of the cases I have named the offender would be held guilty and convicted of a ‘‘crime made by law,’’ when in fact no guilt could possibly rest upon him. Great, truly great is the mystery of legislative and political godliness foreshadowed in this report. Next in order comes stalking on the glorious fifth section. Listen! ‘‘No person or persons shall utter, pass, or pay, or give or receive in payment, any paper money, or any bank note, promissory note, bill, order, check, certificate of deposit, or other evidence of debt whatever, intended to cir- culate as money, which shall purport to have been issued in this state before or after the adoption of this constitution, by any person or persons, corporation or institution whatever; and any person or persons so doing shall, upon conviction thereof, be fined in a sum not less than five hundred dollars, or imprisoned not less than three months, or both.’’ Superla- tive wisdom! Divine political philosophy! Great is the pro- gressive wisdom of the age! That man who borrowed the rags of the Bank of Wisconsin, or of Mineral Point, or of any other institution in this terri- tory and who owes a note given for the same shall not, after the ratification of this constitution, pay his debt in the prom- issory notes of those ill-omened institutions under the penalty of a fine of five hundred dollars, or imprisonment not less than three months, or both. No officer, receiver, or agent of those decayed banks shall receive in payment of notes due any of the paper money issued by the institution to whom the note belongs, and for security for the payment of which that very 1846] THE CONSTITUTION OF 1846 169 note was given, under the penalty of a fine of five hundred dol- lars or imprisonment in [sic] not less. than three months, or both. Nay, further, what would be the situation of thousands in reference to what gentlemen here are pleased to call the detest- able and damnable ‘‘Wisconsin Marine and Fire Insurance Company’’ in Milwaukee. Every man who holds in his hand a certificate or note of that institution like that with which this country is flooded, and who dares, after the adoption of this constitution, to present that certificate or note to Alex. Mitchell for payment of a debt due that institution, or to exchange for specie or otherwise, or who passes, buys, or sells, pays, or gives or receives in payment, any of those notes or certifi- cates, or who in order to secure himself from loss returns such notes or certificates to the counter of that institution shall be punished by a fine of not less than five hundred dollars, or im- prisonment not less than three months, or both. Sir, already the wisdom of the past, the protection of the present, and a farseeing providence for the future is seen in these provisions. But let us look farther—aye, now the prospect brightens in the light of No. 6: ‘‘No corporation within this state shall receive deposits of money, make discounts, or buy or sell bills of exchange; and any officer or other agent of any corporation so doing shall upon conviction thereof be fined in a sum not less than five hundred dollars and imprisoned not less than two years.’’ Here, sir, is the crowning glory of this detestable report. The ‘last part of section No. 6 does not specify whether the officer or agent of any corporation buying or selling any bill of ex- change shall be punished for doing the act as agent or officer, or for doing the act—committing the crime—of buying or sell- ing a bill of exchange in his own individual right. The proper and legal construction of this article is wisely and prudently left for after and more mature consideration. If a man is an officer or agent of a corporation—whether of a fire company, a city corporation, a mill company, a manufacturing company, or any other company-—buys or sells in his own individual right, or for his own individual purposes buys or sells a bill of exchange on any foreign bank, or broker, or private individual, 170 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 15 even to save himself a journey of a thousand or two thousand miles, he shall be fined in a sum not less than five hundred dol- lars and imprisoned not less than two years. If he commits the crime in the capacity of agent or officer of any such corporation, then if he buys a bill of exchange to remit for the purchase of fire engine, or spindles and looms, or for machinery to be used by an incorporated company for manufacturing purposes, or for doing any other business within the legitimate scope of the corporate rights of that company, he shall be punished upon conviction thereof by a fine of not less than five thousand dollars and imprisoned not less than two years. Is not this beautifully absurd? Then here comes tailing on grave section No. 7, which makes it the duty of the legislature from time to time, as may be necessary, to pass all acts necessary to enforce the fore- going absurdities. Truly, sir, you have here progression with a vengeance. Here is accumulated wisdom; here is the real essence of the science of government; here salutary provisions, protecting, fostering, guarding with the strong arm of a funda- mental law the rights and interests of the people. Was there ever a parallel to this? Search all history—that history which is the life of ‘the past, a great record of human nature, so full of accumulated wisdom, folly, and passion, so full of the phil- osophy of life and human government—and nowhere within the pages of its volumes can you find more preposterous prop- ositions—a greater strength of weakness, or any constitutional or statutory provisions of a more despotic character or tend- ency. Here has it first appeared to me that within the bor- ders of a free state or territory, proud of her rights, stubborn in the protection of her interests, happily characterized for the energy and intelligence of her citizens, a species of contempt- ible despotism is to be built up and maintained, which like a millstone will hang upon the neck of her prosperity. I come now, sir, to the amendments proposed to this report. One would reasonably suppose that to amend a thing was to improve it. This would be natural. But let us remember that this is an age of progression wherein the weaknesses and in- firmities of the past are evidenced in the strength and vigor of the present. 1846] THE CONSTITUTION OF 1846 171 AMENDMENT BY MR. HICKS The first section of the amendment offered by the gentleman from Grant is similar to some of the original articles of the report. The second section takes a wider range and is doubt- less intended to prevent everybody and everything from doing anything whatever. It reads thus: *“*No person or persons, corporation, or institution, or any officer or agent of any corporation, or institution of any kind shall ever make, sign, issue, pay, give or receive in payment any paper money, bank note or promissory note, treasury note, certificate of deposit, or other evidences of debt intended to circulate as money, which shall purport to have been issued either within or out of this state. Any person, upon convic- tion, shall, for a violation of any of the provisions of this sec- tion, be fined in a sum not less than five thousand dollars and be imprisoned not less than two nor more than ten years.”’ Another proposition has been made to restrict the circula- tion of foreign bank notes of a certain denomination if the foregoing amendment fail. Sir, it is only the knowledge of the fact that this is indeed a progressive age that warrants us in looking with the least al- lowance upon this report or its proposed amendments. It might, by a stranger to our country, be well understood as a death blow aimed at all the business habits of the country, blocking up all the channels of trade, and attempting to strangle our commercial interests in their comparative infancy. Here is an article of fundamental law proposed to punish a person, agent, corporation, or institution for paying or giving or re- ceiving in payment a bank note, paper money of any kind, a promissory note, a treasury note, or certificate of deposit, un- der the severe penalty of a fine not less than five thousand dol- lars and imprisonment not less than two nor more than ten years. Suppose, sir, today, you receive in payment of a debt the sum of one hundred dollars in bank notes, on what are called specie paying banks. Today it is a legal circulating medium; tomorrow, after this constitution is adopted with the above 172 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 15 clauses, your money is lost—you dare not pass it or pay it away—you must keep it in your pocket or the punishment of a high crime will follow your acts. Is it a crime in you today to receive the money? No. Does the act of receiving it in- volve any degree of moral turpitude? No. There is today no fraud, no offense, no crime in receiving the money; tomorrow there will be. How? Why, sir, the fundamental law of the land has made a crime, a high crime, of an act in which there is no crime, no immorality. An act of honest, open-handed deal and traffic between man and man is made a erime by law where not even the shadow of deception or turpitude is in- volved. You punish here an act as a crime which is not erim- inal, and throw heavy chains upon the business and confidence of the community. And all this is called progressive democ- racy. The brightest jewel is yet to be exhibited from the casket. The government of the United States has issued under legal sanction treasury notes of fifty dollars and upward ‘‘in- tended to circulate as money”’ and receivable for government dues. That man who pays, gives or receives in payment any of these treasury notes shall be fined and imprisoned as above stated. The man who buys land at the land office where they are a good tender by law and the receiver an officer of govern- ment who receives it in payment for land shall both be pun- ished by fine and imprisonment. The stranger that lands upon the shores of Lake Michigan at Milwaukee, Racine, or South- port and pays a one-dollar bank note of an eastern bank for his landlord’s bill, perfectly ignorant of the enormous crime he is committing, is liable to be arrested, fined, and imprisoned. I have always understood that the punishment should be measured by the aggravation of the offense committed. This is an age of progression, however, and the proposition is dis- covered to be a great fundamental error. Sir, this is bantering with that vulgar stuff called common sense too much. This report and all these amendments are unconstitutional. First, because the Constitution of the United States provides that ‘‘no unusual or unjust punishment shall be inflicted.’’ Second, because if the general government has a constitutional right to issue treasury notes intended to cir- 1846] THE CONSTITUTION OF 1846 173 culate as money, the same being representatives of value, we have no constitutional right, even in our sovereign capacity, to make a law which prevents them from circulating from hand, or which will punish any man for ‘‘paying or giving or re- ceiving the same in payment’’—much less make it an offense punishable by fine and imprisonment. Third, because even in our sovereign capacity we cannot make a crime of an act in which there is no fraud, and in which no degree of moral turpi- tude is involved. And fourth, because it would be a law abridging our fundamental rights as freemen, and striking out the very foundation of our democratic republican system of government. Strange, is it not, sir, how wisdom like old age creeps upon us unawares. The Constitution of the United States nowhere creates a crime for the commission of which the people are to be punished; and in one solitary instance only does it even define in what a specific crime consists. In none of the state constitutions is any similar provision found, or one which in the most remote degree will bear a comparison. Yet, with all, we are told with grave and angry words that the support of these propositions was to be the test of the democ- racy of members in this convention. Where did this new light come from? Where this new system of democracy, which is to rend the Democratic party? By what authority do gentle- men on this floor draw new lines and set new boundaries to our action? Can gentlemen make democracy? And if so, is this a specimen of their very domestic manufacture? There is no such thing as a democratic principle which runs counter to the necessities and best interests of the people, which cripples men in the exercise of any honest and honorable vocation or em- ployment. There is no democracy, no good principle, no set- tled honesty of purpose in the propositions that have been made here upon this bank question. The gentleman from Dane (J. Y. Smith) yesterday gave us a long and interesting dissertation upon money and money matters, exchange, ete. Sir, I am not familiar with banks or with their systems of operation, nor am I acquainted with the system of exchanges. But I have yet to learn where the value of the dollar comes from according to his system, and to learn 174 WISCONSIN HISTORICAL COLLECTIONS {[_ oct.15 the bearings of his trite notions to be of beneficial tendency. I want to know why a one-dollar note or a five-dollar note on a given bank is not good or safe when a ten- or twenty-dollar note on the same bank is good or safe. Money itself, accord- ing to some, is but the measure of value. What seals this measure of value but the law? What makes it stable and uni- form but the law? What makes a given amount of silver worth, in common parlance, one dollar, or a given amount of gold worth five? What makes it measure five dollars’ worth of wheat? Is it the weight of gold or silver when compared . with other metals that fixes this measure of value? Is it the color of gold or silver alone that stamps its value? No. Is it the weight alone? No. In the first case you might color any other metal to compare with them, and in the other sixteen ounces of lead is Just as heavy as sixteen ounces of gold. One says it is the fineness of the metal that makes its nominal value, or, if you please, its real value. Iron may be just as fine for iron as gold is for gold. The fineness or purity of a given thing can only be spoken of in a relative point of view, although what we call the value of gold or silver may, in a greater or less degree, arise from several causes and attributes. Yet the true, strict value of the coin or money is a legal value fastened upon it from necessity and convenience. And what our govern- ment makes money by law, making it receivable for govern- ment dues, and giving its faith and credit for its validity, if a fifty-dollar treasury note is just as good and will buy just as much wheat and as many necessaries as fifty dollars in gold. The course of the government and the general laws of trade will stamp the value of your money, as that measures the value of all that is bought and sold; and trade will seek such chan- nels and be conducted in such manner and with such currency as the necessities and interests of the community make either convenient or expedient. The idea that you can prevent the circulation of bank notes or treasury notes in this territory by legal enactment so long as they are a currency in any other state in this confederacy is perfectly preposterous. Commerce and business of every description will seek their own level, their own channels, and their own facilities, and, so long as no i" 1846] THE CONSTITUTION OF 1846 17 Or fraud is perpetrated, no moral turpitude involved—so long as man deals with man, mutually understanding what they give and what they receive—so long you step out of the pale of your authority in attempting to confine or restrain them. You may legislate forever in the formation of a constitution con- taining such provisions as these proposed bank provisions, and your legislation will be utterly void. Your laws will have no strength—they can never be enforced. They are unneces- sary, unreasonable, cruel, unconstitutional, inhuman. ‘The moral sense of the community will revolt at their execution. They will remain, forever, perfect burlesques upon constitu- tional enactments. Gentlemen talk here of the theory of these propositions be- ing right, but doubt their practical effects. Sir, I have no doubts. They may talk to me until they are gray about a theory being good and its practical tendency bad. There is no such thing. The value of any given theory depends solely upon its beneficial and practical effects. The theory of no thing is good unless that thing is good in practice. Ifa given thing is good in theory it is good in practice, and so vice versa. Away then with this attempted hairsplitting in efforts to dodge your duty and your responsibility to the people. They talk to us, too, with all these other absurd propositions about dif- ference between the right and expediency of any given course of action. There is nothing, sir, that it is right for a man, a state, or a nation to do that it is not expedient for them to do. Nor is there anything expedient in an individual, state, or na- tional point of view that is not right to be done. A thing is always right when it is expedient, and always expedient when it is right. There is no virtue in this convention unless it can shake off this great time-serving load that weighs down upon and paralyzes its labors and usefulness. Let us be bold and honest in the discharge of our duty here. Let us look to the wauts, the interests, the rights of this state, and labor for the maintenance of those rights, the protection of those interests, thinking less of our own political prospects and more of our representative and conventional duties. Let us do only what we were sent here to do on this subject—restrain the legisla- 176 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 15 ture from granting special bank charters and privileges, leav- ing the rest to the legislature subject to directions of the peo- ple. And I tell gentlemen from Racine they must come to this at last. The public will compels or will compel it. And, sir, I envy not the situation of gentlemen from Racine in the rela- tions which they will bear to their constituents on their return from this convention, provided their report or any of these amendments are adopted. Not only do I believe they will suf- fer in reputation, but I should be much surprised if they did not suffer in their own proper persons. Sir, this must not become a law. We must not have such articles in the consti- tution of our state. An indignant people affected in their in- terests will ery out against it. And I tell gentlemen here that before three weeks pass over their heads, if they sanction the passage of these articles, they will hear condemnation rolling over their heads in startling tones from the whole eastern por- tion of the territory. It will be found better to stop now, to stop at once, than to go on and on with this progressive system, and then, when we find the strong tide of public opinion, of the public will, set against us, be forced with shame to retrace our steps. Sir, I wish only to do my duty. I am content to let the end be what it may—Democrat, Nov. 21, 1846. 1846] THE CONSTITUTION OF 1846 177 Fripay, OcToBEr 16, 1846 Prayer [by] the Rev. Mr. Miner. The journal of yesterday was read and corrected. Mr. Dennis moved that leave of absence be granted to Mr. Turner. Leave was granted. Mr. Burchard asked leave of absence for Barnes Babcock. Leave was granted. Mr. Baker asked leave of absence for N. F. Hyer. Leave was granted. Mr. Whiteside asked leave of absence for Mr. Elmore. Leave was granted. Hiram Brown asked leave of absence for Mr. Bowen. Leave was granted. Marshall M. Strong offered the following resolutions, which were read, to wit: ‘‘Resolved, That there shall be a standing committee on engrossment, consisting of five members, to be appointed by the presi- dent.’’ “* Resolved, That the committee on revision be authorized and in- structed to report to the convention all such verbal amendments to such articles as shall have passed the third reading as they shall deem expe- dient, not changing in any manner the substance of such articles.’’ Moses M. Strong moved that all rules which prevent the considera- tion of said resolution now be suspended, which was decided in the affirmative. And a division having been called for, there were 58 in the affirmative and 2 in the negative. The said resolution was then taken up and adopted. The President announced the following committee under said resolu- tion, to wit: Messrs. Marshall M. Strong, Hunkins, White, Hammond, and Phelps. The resolution calling upon the several clerks of the supreme court and of the district courts [of the] counties of Dane, Milwaukee, and Racine, and the registers in chancery in said counties for certain in- formation was then taken up, when Mr. Goodell asked and obtained leave to withdraw the same. The resolution relative to appointing a select committee, to whom shall be referred all the expenses of this convention, was then taken up and adopted. The President announced the following committee under said resolu- tion, to wit: Messrs. Dennis, Bennett, Wilson, Dunning, and Warren Chase. The resolution relative to the extensive [extension of the] elective franchise to [of] the colored population was then taken up, when Mr. George Hyer asked and obtained leave to withdraw the same. The resolution relative to a new apportionment of the members of the legislature was then taken up and adopted. 12 178 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 16 The resolution of Mr. Huebschmann relative to appointing a select committee in relation to the question of giving the right of suffrage to the colored population was taken up, when Mr. Huebschmann asked and obtained leave to withdraw the same. The resolution relative to appointing a committee to report ways and means relative to the postage of the members of this convention was then taken up. And the question having been put on the adoption of said resolution, it was decided in the negative. And a division having been called for, there were 26 in the affirmative, negative not counted. The resolution relative to admission to practice in all courts in this state was then taken up, when Asa Kinne moved that said resolu- tion be referred to the committee on [the] judiciary, which was agreed to. The morning hour having expired, the unfinished business of yester- day was taken up, when Mr. Kellogg moved to amend the report of the committee of the whole by adding the following to section 2, to wit: ‘‘Provided, should any future legislature see proper to provide by law for a general or private banking system, they shall have power to do so; but no bank or other institution having banking privileges shall have power to issue any bills or other evidences of debt whatso- ever to circulate as money under a less denomination than $50, or shall go into operation until its charter shall have been submitted to the electors of this state at least three months previous to a general elec- tion, by publication, as the said legislature may direct, and have been adopted by a majority of the legal voters of the state; and said legis- lature shall also have power to provide by law for the supervision of such bank or banks, or repeal of any such charters, anything in the provisions of this constitution to the contrary notwithstanding.”’ George B. Smith read an amendment which he proposed to offer at a suitable time. He argued at some length in favor of Mr. Kellogg’s amendment. Messrs. Beall, Kellogg, Burnett, and Strong continued dis- cussing the question. General John Crawford: Mr. President—I am surprised to see the course taken here by gentlemen! The wind changes too often! Some gentlemen will stand up here one day and de- clare in favor of pains and penalties and call me a “<‘sott!) Ti politics because I am not with them, and the next day come out in favor of banks. Such a course I deprecate in politics or anywhere else. I call myself a straightforward Democrat of the old school, and let any man here dispute it. Jam opposed to all pains and penalties being inserted in our constitution, leaving that to future legislation; and I am opposed to banks or banking in any shape whatever, now and forever, in this 1846] THE CONSTITUTION OF 1846 179 state, in any way they can contrive. In answer to a remark that has been made upon this floor by a gentleman from Wau- kesha, that the Democrats were the bank party, or had been, in the general government, in a great measure, I acknowledge the corn, but they have seen the evils growing out of that sys- tem, have repented, and determined to mend their ways. The Federalists, Amalgamationists, Clay men, Anti-Masons, or self-styled Whig party, or whatever name they may assume to themselves, should not be implicated altogether as a bank party in the general government heretofore. For, sir, they have never been in power since about 1800 until 1840, and then, by interference of divine Providence, they were deprived of the venerable gentlemen they had placed in the presidential chair; and then what did they do? Why, sir, because John Tyler would not give them a bank, they denied their own offspring! They would not own their own bantling—they called him a Democrat because he was antibank; so much for that. The result was they got into difficulty amongst themselves; they could not agree—they sent one of their offsprings here to gov- ern us, and they got to quarreling about that, and at the end were like the Kilkenny cats that devoured one another until there was nothing left but one’s tail; but they have revived up, and I see two of them here now from Waukesha. The question was taken on the amendment of Mr. Kellogg and resulted ayes 15, noes 90.—Ezpress, Oct. 20, 1846. And the question having been put on the adoption of said amend- ment, it was decided in the negative. And the ayes and noes having been called for and ordered, those who voted in the affirmative were [affirmative 15, negative 90; for the vote see Appendix I, roll call 11]. Mr. Ryan moved further to amend the report of the committee of the whole by adding the three following additional section[s], to wit: *‘Section 7. No person or persons, corporation, or institution what- ever, shall, under any pretence or authority whatever, make, sign, or issue within this state any paper money, or any bank note, promissory note, bill, order, check, certificate of deposit, or other evidence of debt whatever, intended to circulate as money. “*[Section] 8. No corporation within this state shall, under any pre- tence or authority whatever, exercise the business of receiving deposits of money, making discounts, or buying or selling bills of exchange, or do any other banking business whatever. “*TSection] 9. No branch or agency of any bank or banking cor- poration or institution of the United States, or of any person or per- 180 WISCONSIN HISTORICAL COLLECTIONS [ oct. 16° sons doing banking business without this state, shall be established or maintained within this state.’’ Horace Chase called for a division of the question. And the ques- tion having been put on the adoption of section 7 of said amendment, it was decided in the affirmative. And the ayes and noes having been called for and ordered, those who voted in the affirmative were [affirma- tive 60, negative 42; for the vote see Appendix I, roll eall 12]. And the question having been put on the adoption of section 8 of said amendment, it was decided in the affirmative. And the ayes and noes having been called for and ordered, those who voted in the affirma- me i [affirmative 63, negative 40; for the vote see Appendix I, roll ca : And the question having been put on the adoption of section 9 of said amendment, it was decided in the affirmative. And the ayes and’ noes having been called for and ordered, those who voted in the affirma- oe a, [affirmative 77, negative 26; for the vote see Appendix I, roll eall 14]. Moses M. Strong moved to adjourn to two o’clock, P. M., which was agreed to. TWO O’CLOCK, P. M. A communication was received from the treasurer of the territory of Wisconsin in compliance with a resolution heretofore adopted, rela- tive to funds in his hands, which was read, to wit: TREASURER’S OFFICE, Mapison, Oct. 19, 1846. To the Hon. D. A. J. Upham, Sm: I have the honor to acknowledge the receipt of a copy of a resolution passed by a convention over which you have the honor to preside, appropriat- ing and ordering me to pay over to yourself the sum of $897.16, being the balance remaining in my hands arising from the sale of canal lands. The money arising from said sale has been by me deposited with Alexander Mitchell, Esq., of Milwaukee, for safe keeping (the legislature having in their prudent economy never furnished the treasurer with an office, or even a safe, for the convenient transaction of business). I have therefore deemed it prudent and safe to entrust the territorial funds in the hands of such men as have heretofore been made depositories of the moneys of the United States. As soon as the money can be transmitted from Milwaukee to this place the appropriation to yourself by the convention, of $897.16, will be promptly paid. I have the honor further to state that all money hereafter coming into my hands from the canal funds will be subject to the further pleasure of the convention. All of which is most respectfully submitted. J. Larkin Jr., Treasurer W. T. The amendment of [Mr.] Beall, offered yesterday to the report of the committee of the whole on banks and banking, was then taken up. And the question having been put thereon, it was decided in the nega- 1846] THE CONSTITUTION OF 1846 181 tive. And the ayes and noes having been called for and ordered, those who voted in the affirmative were [affirmative 26, negative 76; for the vote see Appendix I, roll eall 15]. J. Y. Smith offered an amendment (which we have not now at hand) the purport of which was to render null and void all payments made in paper money. He supported his amend- ment at some length. Mr. Judd said he hoped the proposition of the gentleman from Dane would not be seriously entertained by the conven- tion. It was the first time he had ever seen, read, or heard of such a monstrous proposition. It was nothing more nor less than to propose, when a man was naturally honest, to make him dishonest by constitutional provision. Messrs. Randall, Burnett, Parks, Bevans entered into the discussion. Mr. Smith withdrew his amendment. Mr. Beall’s substitute was then proposed. Mr. Steele advocated it at some length. The question was then put, the yeas and noes being called, and the substitute rejected, as follows: [affirmative 26, nega- tive 76].—Democrat, Oct. 24; 1846. [Remarks of Mr. Steele in advocacy of Mr. Beall’s substitute. ] Mr. Present: It may be well, as it seems the prevailing fashion of the day, for me to preface the few remarks which I propose to make upon this question with a statement of my political faith, and that gentlemen in their hostility to banks are not more so than I am, and that if in their advocacy of the proposition as introduced by the gentleman from Walworth (Mr. Baker) they are ‘‘hard,’’ I claim to be harder—that if the advocacy of a proposition to exclude all good paper money as a circulating medium, at the same time allowing the free circu- lation of such shinplasters as we now are flooded with arising within our limits, as does this bill—I say—if such a position constitutes a ‘‘hard’’ Iam not one of them. I advocate the ex- clusion of bad money, and not good; and although it has been said that my constituents are in favor of this proposition, and 182 WISCONSIN HISTORICAL COLLECTIONS { Get. 16 worse, that they are in favor of that extraordinary b@atling emanating from the bank committee, yet am I opposed to i in toto, in my own judgment, and am ready to meet that issue be: fore my constituents, believing that in the position I but sep resent their wills. In stating my political belief, it may be well to state where I stand. I am in favor, decidedly in favor, of the proposition of the gentleman from Marquette (Mr. Beall) as a substitute for all and every of the propositions that I have yet heard in- troduced. By the provisions of the bill reported by the com- mittee, as it now stands, it prohibits all banking of every kind and description. That the people are in favor of such a prohi- bition, [deny. By the term ‘‘banking’’ we do not merely mean banks of issue, but banks of issue, discount, and deposit. Banks proper are merely banks of discount and banks of deposit. There is a special banking power, however, which authorizes the issuance of the promises to pay of the institution, but such banks are the creation of special legislation. These I would restrict and make subject to the will of the people or, im the terms of the substitute, prohibit them entirely until the people, and the whole people, by their voice, should say they wanted them and would have them. I am opposed to enacting a pro- hibition for all time to come against general banking powers, if the people should wish such institutions under such proper restrictions as they may see fit to impose. If the question should now be left to the people whether or not they would en- act a law authorizing banks of issue, I would oppose it to the utmost at the ballot box at the same time that I would vote here to allow it to go to the people, believing that such prop- ositions should go directly to them. The people are the source of power and are to be trusted, and I deem it right and proper in all these matters of a general nature that they should be referred direct to them for their sanction or rejection, discon- nected with collateral issues. Fix it so that the issue will be direct and there is no fear of the judgment. It has been contended on this floor that there may be great excitements created which would pass an act which, in its ef- fect, would be detrimental. But I would ask, May not some 1846] THE CONSTITUTION OF 1846 183 of the members of the convention be now laboring under as great a prejudice from having been burned in the bank fire, and other influences which have thrown around them? Again, It venture to say, that this antibank excitement has originated here, and that many members of this convention who are now ready and willing to swallow anything rather than be called a ‘soft’? came from their constituents with a more rational intention, and I would warn such members against such rash proceeding. Let them remember that they are to return to that same constituency and render them an account of their stewardship; and not only that, but that the document which they create here has to be sanctioned by that same eonstitu- ency before it becomes operative. But, sir, when it comes to that test, if this bill passes in the shape it now assumes, it will meet with a decided veto, and then, sir, the effect of our rash- ness will be visible. To protect our natural right another ex- pense of forty or fifty thousand dollars will have to be incurred —another convention called. Sir, it has been urged with a great degree of candor that the legislature are not to be trusted even with the veto power vested in the people, the sovereign peo- ple; but, sir, if the whole people cannot be trusted to govern themselves, can one hundred and twenty-five or less of that same body be trusted to govern them? Or, if they cannot be trusted, by what right or authority are we here? No other than the mouthpieces of that people, I contend that we are to express their wishes, not our own, and it is for that purpose we are sent here, and I do not believe that they have author- ized us to say that they are untrustworthy. But to return to the question: Are the people ready to abol- ish all banks of discount? And to arrive at a proper answer to that question we will have to consider the functions of a bank of discount, which are no more nor less than cashing notes, bills of exchange, certificates of deposit, or other evi- dences of debt, with gold and silver or the recognized currency of the country, and without the authority of special legislation the issue of their own notes would not be thought of, nor could such a business be carried on. 184 WISCONSIN HISTORICAL COLLECTIONS f oct. 16 Then, sir, if that be their only and legitimate business, which no one can deny, I would ask again, Are we ready to adopt a proposition entirely prohibiting such a legitimate transaction? IT answer, No! It is a natural right which should not and can- not be restrained without the united and unanimous consent of every member of the community. Again, are the people ready to be deprived of a bank of de- posit where they can deposit their surplus funds for safe keep- ing until they may want them, or where they can invest them at a stated interest subject to their call at any time? IT answer again, No! It cannot be denied but that this excitement against banks is limited to the banks of issue, and them only. That, in speaking of banks in the general acceptation of the term, we refer to them and to them only, for it is with them mainly that the community are brought in contact. That the feeling against them in this community is just, I cannot deny, for we have suffered severely from them. But the fault is no more in them than in the persons who have been returned to the legislative halls to represent us; it is with them that the fault commences. They have personal interests to subserve— a bank of their own to create, in which they are to make largely out of the unsuspecting community; and then follows as a nat- ural consequence loose legislation. But, sir, take the veto power from the executive and vest it in our sovereigns, the people, and the fault is remedied. No special banking privileges will be passed, or, if passed, they will be so restricted that no harm will grow out of them. But, sir, what is the effect of the bill as reported by the committee as it now stands? The effect is, sir, to prevent all new banks under whatever restrictions or of whatever kind and also to prevent the free circulation of good eastern paper money, which everyone knows to be equal to gold and silver, while at the same time it does not restrain the circulation of the pres- ent issues of the Milwaukee Insurance Company, amounting to over five hundred thousand dollars, nor the amount which they may put in circulation between this and the time when our con- stitution will go into operation. Thereisnota clause init which even squints that way. Gentlemen have said, and it originated 1846] THE CONSTITUTION OF 1846 185 with the advocates of this report, that there was an east wind blowing upon this body—a Milwaukee influence felt here—and would fain make the community believe that the opponents of this proposition had sold themselves to that influence. That there had been such an influence brought to bear here, I did not know until so informed on this floor and by those who by their vote and speeches sustain this report, but I am bound to be- lieve them. Their own words state it and their own acts prove it. Sir, with these views I shall cast my vote for the substi- tute and against the report.—Sentinel and Gazette, Nov. 23, 1846. Mr. Tweedy moved to amend the report of the committee of the whole by striking out all after the word ‘‘article’’ and inserting the following: “Section 1. The legislature shall have no power to pass an act granting special charters for banking purposes, but associations may be formed for such purposes under general laws. ““Section 2. Every such law before it takes effect shall, after it has passed through the usual forms of legislation, on the final passage of which the votes shall be taken by ayes and noes, which shall be recorded. be published in weekly newspapers printed in different sections of the state for thirteen weeks successively, next preceding the next general election, and shall then be submitted to a vote of the electors at such election and shall be approved by a majority of the votes cast at such election, to be made to appear by a return and canvass of such votes made in the same manner as shall be provided for the return and canvass of votes cast at the general election of state officers by the peo- ple, and such law shall be subject to be altered or repealed in the same Imanner as the same shall have been enacted, and in no other manner whatever. ““Section 3. The stockholders in every corporation and joint stock association for banking purposes, issuing bank notes, or any kind of paper credits to circulate as money, shall be individually responsible to the amount of their respective shares of stock in any such corpora- tion or association for all its debts and liabilities of every kind. ““Section 4. The legislature shall provide by law for the registry of all bills and notes issued or put in cireulation as money and shall re quire ample security for the redemption of the same in specie. ““Section 5. In case of the insolvency of any bank or banking asso- ciation the billholders thereof shall be entitled to preference in pay- ment over all other ereditors of such banking association. “*Section 6. The legislature shall limit the aggregate amount of bank notes to be issued by any association in this state which may be established. ’’ 186 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 16 Mr. Tweedy offered the following amendment, which he sup- ported with some well-timed and telling remarks upon the anti- Democratic principles evinced and supported by the majority of the convention; their fears to trust the legislature and the people in all future time because there existed a possibility of the majority of the people becoming at some time favorable to the establishment of banks; thus arrogating to themselves more wisdom and experience than all the generations who may come after them by thus closing the door against their future action in this matter. Mr. Tweedy’s amendment was * * *. —Ezxpress, Oct. 20, 1846. Mr. Randall moved to lay the report of the committee and the amend- ments on the table, and that they be printed, which was decided in the negative. And the ayes and noes having been called for and ordered, those who voted in the affirmative were [affirmative 33, negative 70; for the vote see Appendix I, roll call 16]. The question was then put on the adoption of the said amendment, and was decided in the negative. And the ayes and noes having been called for and ordered, those who voted in the affirmative were [affirm- ative 21, negative 80; for the vote see Appendix I, roll call 17]. Mr. Randall was opposed to hurrying a measure of so much importance through without mature deliberation and moved that the report of the committee with all the amendments be laid upon the table and printed in order that the members could have it all before them and vote understandingly upon the measure. Mr. Parks was in favor of having the whole matter before the members in such a form that they could more closely in- spect and reflect upon it; he should vote for printing them. The question on laying on the table resulted in ayes, 33, noes 71.—Ezpress, Oct. 20, 1846. Mr. Hicks moved to amend the report of the committee by inserting the following as a substitute therefor, to wit: ‘Section —. The legislature shall have no power to confer in any manner or form upon any person or persons, corporation, or institution of any kind any banking power or privilege ; nor any power or author- ity in any manner or form to make, sign, or issue within this state any paper money, bank note, bill, order, check, certificate of deposit, or any other evidence of debt intended to circulate as money. 1846] THE CONSTITUTION OF 1846 187 ‘“Section —. No person or persons, corporation, or institution, or any officer or agent of any corporation, or institution of any kind shall ever make, sign, issue, pay, give or receive in payment, any pa- per money, bank note, promissory note, certificate of deposit, or other evidence of debt intended to circulate as money, which shall purport to have been issued either within or out of this state. The legislature shall, at its first session after the adoption of this constitution, provide adequate penalties by fine and imprisonment for carrying into effect the provisions of this article.’’ Marshall M. Strong demanded the previous question, which was sec- onded. And the question having been put, ‘‘Shall the main question be now put?’’ 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 79, negative 24; for the vote see Appendix I, roll eall 18]. The Chair stated the question to be on the adoption of the report of the committee of the whole as amended. Mr. Magone appealed from the decision of the Chair. And the question having been put, ‘‘Shall the decision of the Chair stand as the judgment of the convention?’’ it was decided in the affirmative. The question was then put on the adoption of the report of the com- mittee of the whole, as amended, and 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 76, negative 27; for the vote see Appendix I, roll call 19]. Mr. Judd moved that said report be referred to a committee consist- ing of Messrs. Ryan, Gibson, Phelps, Sewall Smith, and Soper, with instructions ‘‘to report the same back with the provisions contained in it in the simplest language they ean adopt,’’ which was decided in the affirmative. On motion the convention adjourned. 188 WISCONSIN HISTORICAL COLLECTIONS [ cet. 17 SATURDAY, OcToBER 17, 1846 Prayer by the Rev. Mr. McHugh. The journal of yesterday was read and corrected. George Hyer moved that leave of absence be granted to Mr. Rankin, which was agreed to. Mr. Brace moved to admit Mr. Hays to a seat in this convention, a member from the county of La Pointe, which was agreed to. Mr. Brace stated that Mr. Hays, member elect from La Pointe, was here but had not his credentials, that he was elected beyond doubt, and he moved that he be allowed his seat. It was agreed to.—Democrat, Oct. 24, 1846. Mr. Noggle, from the standing committee on corporations other than banking and municipal, reported No. 7, ‘‘ Article on corporations other than banking and municipal.’’ ‘“The committee on corporations other than banking and municipal have had under consideration the subject referred to them and have the honor to report and recommend the adoption of the following arti- cle on corporations other than banking and municipal. ‘‘1. The legislature shall hereafter have power to create, renew, ex- tend, or repeal any private corporation within this state. ‘*2. The stockholders of any private corporation hereafter created, renewed, extended, or repealed shall be jointly and severally liable as well in their individual as corporate capacity for all debts they may in any manner contract; and shall be subject to such other liability and restrictions as shall from time to time be provided by law. “*3. This state shall not directly or indirectly become a stockholder in any corporation whatever. ‘‘4. Hereafter every act of incorporation enacted by the legislature shall embrace but one object or act of incorporation and that shall be expressed in the title. ‘*All of which is respectfully submitted. Davin Noaeie, Chairman NEELY GRAY A. W. RANDALL JuLIuUS KERN S. P. Hammonp’’ The report of the committee was accepted and the committee dis- charged from the further consideration of the subject. The said re- port was then read the first and second times, referred to the commit- tee of the whole, and ordered to be printed. 1846] THE CONSTITUTION OF 1846 189 Mr. Ryan, from the committee to whom was referred article No. 1, relative to banks and banking, reported the same back to the conven- tion, which report was accepted. Mr. Tweedy moved that said report together with the original re- ferred to said committee be printed and made the special order of the day for Monday next, which was agreed to. Mr. Dennis introduced the following preamble and resolution which was read, to wit: ‘“Wuereas the legislative assembly of this territory did by a reso- lution entitled ‘Joint resolution in relation to canal funds,’ approved February 3, 1846, direct the receiver of the canal lands to pay over to the treasurer of the territory all moneys arising from any sale of the eanal lands, except the sum required to defray the expenses of the sale, and WHEREAS said resolution appropriated so much of the money so re- ceived as should be necessary to the payment of the expenses of hold- ing this convention, to be paid out in such manner as the convention should provide, and wHEREAS the said treasurer has reported to this convention that he has now in his hands the sum of $897.16 of the mon- eys thus appropriated, now therefore be it, Resolved, That the said treasurer be and he is hereby directed to pay over to the President of this convention the said sum of $897.16 to be applied towards the pay- ment of the expenses of this convention, and the said treasurer is fur- ther directed and required forthwith to receive all moneys subject to his order arising from the sale of said lands, and to retain the same subject to the further order of this convention.”’ And on motion, the rule having been first suspended for that pur- pose, said preamble and resolution were then taken up and adopted. Mr. Burnett introduced the following resolution, which was read, to wit: ‘‘Resolved, That the superintendent of territorial property be and he is hereby directed to let down the upper sash of the windows of the hall of the convention sufficiently low for a proper and healthful ventilation of the room.’’ Marshall M. Strong moved to amend said resolution by inserting the following as a substitute therefor, which amendment was accepted by Mr. Burnett as a substitute for his resolution, to wit: ‘‘Resolved, That the superintendent of territorial property be requested to change the construction of the windows of the hall of the convention in such man- ner that the same may be opened at the top; and that the sergeant at arms of this convention be instructed to keep all the windows of said hall open both at the upper and lower part for one hour each day, from seven o’clock A. M., and for one half-hour at noon immediately upon the adjournment of the convention at noon, and for one half-hour im- mediately upon the adjournment of the convention in the afternoon session.”’ The said resolution was then adopted. Mr. Willard introduced the following resolution, which was read, to wit: ‘‘Resolved, That this convention enact a clause in the constitu- tion prohibiting the collection by law of all debts of less denomination than $50, and abolishing the justices’ courts.”’ 190 WISCONSIN HISTORICAL COLLECTIONS [ Oct.17 The business first in order, being article No. 2, ‘‘ Article on suffrage and the elective franchise,’’ was then taken up. Mr. Magone moved that the said article be postponed and made the special order of the day for Wednesday next. And pending the question on said motion, on motion of James H. Hall, the convention adjourned. 1846] THE CONSTITUTION OF 1846 19f Monpay, OctToser 19, 1846 Prayer by the Rev. Mr. Lord. The journal of Saturday was read and corrected. Mr. Noggle presented the credentials of J ohn Hackett of the county of Rock. Mr. Burnett presented those of Daniel R. Burt of the county of Grant, and Mr. Lovell those of Mr. Cartter of the county of Racine, as members of this convention, who were severally admitted to their seats. Mr. Burchard, from the minority of the committee on suffrage and the elective franchise, reported No. 2, ‘‘Article on election and suf- frage.’’ ‘‘The minority of the committee on suffrage and elective franchise respectfully reports to this convention and recommends to be adopted into this constitution of this state the following article: ‘“Seetion 1. Every male person of the age of twenty-one years or upwards who shall be a citizen of the United States or who shall have filed an oath to support the Constitution of the United States in the clerk’s office of a district court shall be entitled to vote at any gen- eral election for all officers created by this constitution or established by the legislature under this constitution to be elected by the electors of this state: Provided, That he shall have been a resident of this state for six months, and of the county for one month previous to such election. << 558 49, 000 S New Jersey .......-..-- 6, 900 do. in dispute.........-- 10, 000 9. Pennsylvania ........... AM O8 WIREIIEY, 2 3 2 ste slaw = 60, 000 30, Delaware .............- 2, O60" 95. Michigan ..--.-2......- 38, 750 miMaryiand ........------ 10, 800 do. in dispute........--- -+++-- WOM SEPIINA 525. - 22-2 -a eee 64,000 26. Arkansas ........------ s-eee> 13. North Carolina ......... 2: Us| | GB Di Sc Fae ae Se sire 14. South Carolina ......... MOGI re Rowany 5). ccs von cnce eee sifeates LS. So eee Be Oe). wah es Seiden oe noe n as ae MAIanGA .......-..---- 50,800 30. Wiseonsm ...........-- -«----> Which was read, referred to the committee of the whole, and ordered printed. Moses M. Strong moved that 1,000 extra copies of the report be printed, which was agreed to. Wm. R. Smith, from the select committee to which had been re- ferred the petition of Matthias J. Bovee, asking to contest the seat of Mr. Burchard, made the following report, to wit: ‘“The committee to whom was referred the petition of M. J. Bovee, contesting the seat of Chas. Burchard, report that no action has yet been had on the subject, except that of appointing a day for hearing the parties, which has now arrived, and that in consequence of the lamented death of the chairman of the committee, Thos. P. Burnett, the committee is not full. They therefore request that another member be added thereto.’’ The said report was accepted. The President then announced the appointment of the following additional member of said committee, to wit: Mr. Jenkins. Leave of absence was asked for and.granted as follows, to wit: By Joseph Kinney for Messrs. Hackett and Noggle; by Mr. Burt for Mr. Gilmore; by Mr. Fuller for himself for three days. Mr. Giddings introduced the following resolution: ‘‘Resolved, That the territorial treasurer be directed to pay Thos. McHugh the sum of fifty dollars as part pay for his services as assistant secretary to this convention.’’ And the rules having first been suspended for that pur- Pose, the said resolution was adopted. The resolution introduced on the tenth instant, relative to prohibiting the legislature from licensing sales of intoxicating liquors, ete., was taken up, when Mr. Fuller moved that the same be referred to the ely N q 7 448 WISCONSIN HISTORICAL COLLECTIONS _ [nov. 12 committee on the powers and restrictions of the legislature, which was agreed to. And a division having been called for, there were 26 in the affirmative and 10 in the negative. The resolution introduced on the tenth instant by Mr. James, rela- tive to the absence of members of this convention, was taken up, when Mr. Ellis moved that the same be laid upon the table. And the ques- tion having been put, it was decided in the negative. And the ayes and noes having been called for and ordered, those who voted in the affirmative were [affirmative 42, negative 42; for the vote see Ap- pendix I, roll call 103]. Mr. Randall moved to amend the said resolution by adding the words “‘or on leave of absence granted by this convention.’? Pending the question on said amendment, the morning hour having expired, tie said resolution was laid over until tomorrow under the rules. The resolution of Mr. James was taken up, when Mr. James addressed the convention in support of the resolution, as fol- lows: Mr. President—I offered that resolution, and I did it, sir, under a sincere conviction that such a resolution ought and should pass or be adopted by this convention. In passing the law, sir, preparatory to the framing of a state constitution for the state of Wisconsin it was considered and agreed upon that every thirteen hundred inhabitants (or probably some over that number, the exact number I don’t recollect at this time) should be entitled to one delegate in this convention. The peo- ple, in conformity to these laws and regulations, have elected their delegates and sent them here, and, in order that the peo- ple might be fully represented, they have sent these delegates according to the apportionment made for that purpose. Now, sir, we have been here nearly six weeks, and I think I may safely say that at least three weeks out of the six we have not had at any one time over eighty members present, while there should be one hundred and twenty-six, thus leaving some fifty thousand or upwards of our inhabitants unrepresented in this convention. And I ask you, sir, I ask the members of this convention, if they can one of them, upon cool reflection, say that such is justice? I ask the members of this house if there is one of them who can conscientiously say that it is or would be justice for the people of this territory to be paying out the sum of some eighty or ninety dollars per day during the ses- 1846] THE CONSTITUTION OF 1846 449 sion of this convention to men who are at home attending to their own domestic affairs? I call upon every member of this house, to know if there is one among them who could think that he was doing justice to his constituents by asking or re- ceiving money for his services when those services have not been rendered. For my part, sir, I not only think it an im- position upon this convention, but upon the whole territory; and I do hope that the members will each of them take the matter into consideration and adopt some rule that will tend more to keep the members in their places. The resolution was under discussion when the morning ses- sion had expired; so it lies over till tomorrow.—Democrat, Nov. 14, 1846. No. 23, ‘‘Article restraining leasehold estates,’ was taken up, when Moses M. Strong moved to amend the same by inserting after ig word ‘‘agricultural’’ the words ‘‘or mineral,’’ which was agreed tr Jenkins moved to strike out the word ‘‘twelve’’ and insert in lieu thereof the word ‘‘twenty,’’ which was agreed to. And a divi- sion having been called for, there were 36 in the affirmative and 21 in the negative. Moses M. Strong moved the previous question, which was seconded. And the question having been put, ‘‘Shall the main question be now put?’’ it was decided in the affirmative. The question was then put on ordering the said article to be en- grossed for its third reading and was decided in the affirmative. And the ayes and noes having been ealled for and ordered, those who voted in the affirmative were [affirmative 74, negative 11; for the vote see Appendix I, roll call 104}. Mr. Strong of Racine spoke against the article [restraining leasehold estates. ] Mr. Tweedy advocated the article at length. He thought without some restrictions of this kind there might grow up from an accumulation of landed property in the hands of a few difficulties now unseen, that would be a great detriment to the prosperity of the state. Mr. Harkin was opposed to all leases. He wanted every man to hold what he lived upon as his own. W. R. Smith wanted to know of the delegates from Grant what amount of land one Charles Augustus Murray, who held 450 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 12 a distinguished place in the councils of Queen Victoria, held in that county. Mr. Cruson: Thirty thousand acres. They were purchased of the government in 1836. They were uncultivated, but the taxes were paid by his agents. Mr. Chase thought it hardly possible that any gentlemen should oppose this measure. And he was surprised to hear the gentleman from Racine (Mr. Strong) had no sympathy with the antirenters of New York. Mr. Strong of Racine said there was no danger of the re- sults which the gentleman from Milwaukee (Mr. Tweedy) dep- recated. Lands that had been bought of government in Dane County, within 15 miles of the capitol, were now offered for 75 cents per acre. He spoke at length on the antirent difficulties. The article was ordered to its engrossment—ayes 44, noes 11.—Democrat, Nov. 14, 1846. Mr. Steele asked that leave of absence be granted to Mr. Hill. Leave was granted. The convention then resolved itself into committee of the whole for the further consideration of articles Nos. 10 and 24, Moses M. Strong 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. Baird the convention took a recess until two o’clock, P. M. TWO O’CLOCK, P. M. The convention again resolved itself into committee of the whole for the consideration of No. 10, ‘‘ Article on the constitution and or- ganization of the legislature,’’ and No. 24, ‘‘ Article on the powers, du- ties, and restrictions of the legislature,’’ Moses M. Strong in the chair. And after some time spent therein rose and by their chairman reported progress thereon, and asked leave to sit again. Leave was granted. Moses M. Strong moved that a select committee of nine be appointed to digest and report an apportionment of representation of senators and representatives among the several counties, and that they report a tabular statement of the effect of the representation upon the differ- ent basis for a house of representatives consisting of numbers from fifty to seventy members, which was agreed to. The President announced the appointment of the following commit- tee under the said motion, to wit: Messrs. Moses M. Strong, Hiram Barber, Wm. R. Smith, Marshall M. Strong, Beall, Agry, Huebsch- mann, Baker, and Cruson. 1846] THE CONSTITUTION OF 1846 451 Geo. Hyer asked that leave of absence be granted him for three days. Leave was granted. On motion of Mr. Agry the convention adjourned. The convention in committee of the whole again resumed the consideration of this article, the question on single districts being still under discussion. In this discussion A. H. Smith, Steele, Harkin, Brown, Drake, Tweedy, G. B. Smith, Marshall M. Strong, Judd, W. R. Smith, Clark, Baker, Whiteside, W. Chase, H. Barber, and Lovell took a part. The matter was finally disposed of with an understanding that it should be referred to a committee to report a table showing the result of different numbers for the representatives. Mr. Goodell moved to amend the fifth section of the article by making the senators elective in classes, one-half every year, which was adopted. Mr. Hunkins moved to amend the fourteenth section by striking out 30 and insert[ing] 40, being the number of days which members of the legislature were to receive $2 per day, which was adopted. Mr. Ellis moved to strike out $2 and insert $3. Lost. A. Kinne moved to strike out $2 and insert $2.50. Lost. The whole day was spent in the consideration of this article and considerable discussion, but of a character which could scarcely be given in extenso. At 5 P. M. the convention adjourned.—Ezpress, Nov. 17, 1846. AFTERNOON SESSION Mr. Tweedy wished to make a word of explanation in regard to the report that had just been laid on the members’ desks (the report from the select committee on the articles on inter- nal improvements, taxation, finance, and public debt) as his name was attached to it as reporting the same. The chairman (Mr. Ryan) had left for his home on the morning the report was presented, and by his request he had presented the report. He had dissented from several of the sections and also some of the resolutions.—Democrat, Nov. 14, 1846. 452 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 13 Fripay, NovEMBEr 13, 1846 Prayer by the Rev. Mr. Miner. The journal of yesterday was read and corrected. Mr. Steele presented two petitions of citizens of Racine County, asking that the homestead of citizens be exempted from forced sales, which were, on his motion referred to the committee on miscellaneous provisions. Mr. Baird introduced the following resolution, which was read, to wit: ‘‘Resolved, That the sum of $23.25 for mileage and per diem allowance for the entire session be allowed to the late Thomas P. Bur- nett Esq., a member of this convention, and that the treasurer of the territory be and he is hereby authorized and directed to pay the same to Alfred Brunson Esq. for the use and benefit of the orphan children of the said Burnett, deceased.’’ William R. Smith introduced the following resolution, to wit: ‘‘Re- solved, That the use of this hall be granted on Sunday morning next for the purpose of having a discourse delivered by the Rev. S. Me- Hugh, chaplain of the convention, on the late melancholy event of the decease of one of its members.’’ And the rules having been first sus- pended for that purpose, the said resolution was adopted. The resolution introduced by Mr. James on the tenth instant, rela- tive to the absence of members, and which was laid over yesterday under the rules, was taken up, when Mr. Holcombe moved that the said resolution be laid upon the table, which was agreed to. The convention resolved itself into committee of the whole for the further consideration of articles Nos. 10 and 24, Mr. Hunkins in the chair. And after some time spent therein, the committee rose and by their chairman reported the said articles back to the convention with amendments to each. Moses M. Strong, from the select committee appointed on yesterday to report an apportionment of representation among the several coun- ties, etc., by leave reported a tabular statement on the subject. The said report was accepted. Moses M. Strong moved that the same be printed, which was agreed to. Mr. Hunkins, from the committee on engrossment, by leave, re- poe No. 23, ‘‘ Article restraining leasehold estates,’’ as correctly en- grossed. i Mr. Barber moved that the further consideration of No. 10, ‘‘ Article on constitution and organization of the legislature,’’ be postponed until tomorrow, which was agreed to. Mr. Whiteside moved that the convention adjourn until two o’clock, P. M., which was disagreed to. The question being on concurring in the amendments of the com- mittee of the whole to article No. 24, a division of the question was 1846] THE CONSTITUTION OF 1846 453 ealled for. And the question having been put on the amendments of the committee of the whole, separately, they were severally adopted. Mr. Berry moved to amend the said article by striking out the twen- ty-first section thereof, which was disagreed to. Marshall M. Strong moved to amend by adding a new section, as follows, to wit: ‘‘Section —. The legislature shall never authorize any lottery,’’ which was agreed to. And a division having been called for, there were 45 in the affirmative, negative not counted. Warren Chase moved to amend by adding a new section, as follows: “Section —. It shall be the duty of the legislature to provide by law for abolishing the punishment of death for capital crimes, and for the substitution of some other mode of punishment instead thereof.’’ And pending the question thereon, on motion of Mr. Hunkins, the convention took a recess until two o’clock, P. M. TWO O'CLOCK, P. M. Article No. 24 was then taken up. And the question being on the amendment of Mr. Chase, Moses M. Strong moved a call of the house, which was seconded, and Messrs. John M. Babcock, Baker, Bell, Bow- ker, Chamberlain, Coxe, Dennis, Dunning, Ellis, Gray, Hays, Hill, N. F. Hyer, Phelps, Pierce, Randall, John Y. Smith, and Steele reported absent. On motion, Messrs. Chamberlain and Gray were excused from their attendance. Moses M. Strong moved that all further proceedings under the call be dispensed with, some of the absentees having ap- peared in their seats, which was agreed to. And a division having been ealled for, there were 25 in the affirmative and 22 in the negative. The question was then put on the amendment offered by Mr. Chase and was decided in the negative. And the ayes and noes having been ealled for and ordered, those who voted in the affirmative were [affirm- ative 31, negative 52; for the vote see Appendix I, roll call 105]. Marshall M. Strong moved to amend the said article by adding as follows: “Section —. One-fifth of the members present of each house shall be entitled to call for the ayes and noes on any question and to have the same entered upon the journal.’’ Mr. Hicks moved to amend the amendment by striking out the words ‘‘one-fifth’’ and inserting the word ‘‘any,’’ which was disagreed to. The question then recurred on the amendment offered by Mr. Strong. And having been put, it was decided in the affirmative. _ Mr. Giddings moved to amend the said article by adding the follow- ing section: **Section —. The legislature shall establish but one system of town and county government, which shall be uniform as near as may be throughout the state, which was agreed to.’’ And a division having been called for, there were 44 in the affirma- tive and 8 in the negative. Wm. R. Smith moved to amend the said article as follows, to wit: **Section —. The legislature shall direct by law in what manner and 454 WISCONSIN HISTORICAL COLLECTIONS _ (nov. 13 in what courts suits may be brought against the state,’’ when Mar- shall M. Strong called for the previous question, which was seconded. And the question having been put, ‘‘Shall the main question be now put?’ it was decided in the affirmative. And a division having been called for, there were 29 in the affirmative and 13 in the negative. The question having been put on adopting the amendment of Wm. R. Smith, it was decided in the affirmative. The said article was then ordered to be engrossed for a third reading. No. 23, ‘‘Article restraining leasehold estates,’’? was taken up and read the third time. And the question having been put on the passage of the said article, it was decided in the affirmative. And the ayes and noes being required by the rules, those who voted in the affirmative were [affirmative 70, negative 9; for the vote see Appendix I, roll call | 106]. Mr. Burt asked that leave of absence be granted him. Leave was granted. Moses M. Strong moved that the convention do now adjourn, which was disagreed to. The convention then resolved itself into committee of the whole for the consideration of articles Nos. 5, 6, and 7, and on sundry resolu- tions, Mr. Judd 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. Warren Chase the convention adjourned. 1846] THE CONSTITUTION OF 1846 455 SaTurDAy, NovEMBER 14, 1846 Prayer by the Rev. Mr. McHugh. The journal of yesterday was read, Mr. Rogan presented a petition of citizens of Jefferson County, ask- ing that the homestead of citizens be exempted from execution or forced sale, which on his motion was referred to the committee on miscella- neous provisions. Mr. Hunkins, from the committee on engrossment, reported No. 24, ‘Article on the powers, duties, and restrictions of the legislature,’’ as correctly engrossed. The resolution introduced by Mr. Baird on yesterday, relative to the mileage and per diem of the late Hon. Thos. P, Burnett, was taken up and adopted. j No. 24, ‘‘ Article on the powers, duties, and restrictions of the legis- lature,’’ was read the third time, when Mr. Lovell moved to recommit the article to the committee that reported it, with instructions to strike out the section providing that the state may be sued. And the ques- tion having been put, 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 43, negative 39. For the vote see Ap- pendix I, roll call 107]. No. 10, ‘‘Article on the constitution and organization of the legis- lature,’’ was taken up, when Moses M. Strong moved that the further consideration thereof be postponed until Monday nest, which was agreed to. And a division having been called for, there were 57 in the affirma- tive, negative not counted. Mr. Parker [Barber] asked that leave of absence be granted to Mr. Patch. Leave was granted. The convention then resolved itself into committee of the whole for the consideration of articles Nos. 5, 6, and 7, and sundry resolutions, Mr. Judd in the chair. And after some time spent therein the com- mittee rose and by their chairman reported progress thereon and asked leave to sit again thereon on Monday next. Leave was granted. Wm. R. Smith, from the select committee to whom was referred the petition of Matthias J. Bovee, asking to contest the seat of Mr. Bur- chard, made the following report, to wit: ‘‘The committee to whom was referred the petition of Matthias J. Bovee contesting the seat of Charles Burchard as a member of this convention report that under the rules established by the committee the parties proceeded to procure their written testimony, and in pur- suance of the same the depositions of sundry witnesses have been re- turned to the committee, to wit: 456 WISCONSIN HISTORICAL COLLECTIONS — [nov. 14 “‘Thirteen on the part of the contestant, and four on the part of the sitting member, namely: those of Joseph Bond, William H. Burgess, George Stockman, and Martin Field, the board of inspectors of the late election at the town of Mukwonago. ‘““That the contestant alleges that he has been unable (from causes not satisfactorily made known to your committee) to procure the writ- ten testimony of sundry witnesses, among whom are named Joseph Bond and George Stockman, whose testimony taken on the part of the sitting member is already before the committee ; and in consequence of the said inability on part of the contestant, he asks, under the rules of the committee, further time to procure his testimony, and desires the power of the convention to be interposed in his behalf in sending for the persons of Justin Olin, Joseph Bond, John H. Camp, George Stock- man, Joseph Smart, Christopher R. Harvey, Robert Charley, Asa Hollister, Perry Craig, Robert Wilkinson, S. Yates Scovill, Leonard P. Silvernail, Lambert Colin, James Bennett, Justin S. Olin, E. B. Richardson, and Edward McGee, they therefore of[fer] the follow- ing resolution: “*Resolved, That the committee have power to send for the persons of the witnesses named in the above report on the part of the con- testant. “Respectfully submitted, W. R. Smrru, Chairman’’ Mr. Baker moved to amend the resolution by adding as follows: “‘Resolved, That the territory or state of Wisconsin shall not incur or pay any of the expenses of such proceedings or examination,’’ which was agreed to. Warren Chase moved that the said resolution be laid upon the table, which was disagreed to. Mr. Hunkins moved that the further consideration of said resolution be postponed until Monday next, which was disagreed to. The question was then put on the adoption of the resolution as amended and was decided in the negative. And the ayes and noes having been called for and ordered, those who voted in the affirma- tive were [affirmative 3, negative 77. For the vote see Appendix I, roll call 108]. The convention then resolved itself into committee of the whole on the report of the committee on miscellaneous provisions on resolution No. 5, Mr. Hunkins in the chair. And after some time spent therein the committee rose and reported the same back without amendment. The report of said committee was then adopted. The question being on the convention resolving itself into committee of the whole for the consideration of the report of the committee on miscellaneous pro- visions on resolution No. 2, Moses M. Strong moved that the committee be discharged and the said report laid on the table, which was agreed to. Mr. Hicks, by leave, introduced the following resolution, which wae read, to wit: ‘‘Resolved, That the committee on eminent domain and property of the state inquire into the expediency of limiting the quan- = — a a 1846] THE CONSTITUTION OF 1846 457 tity of land any individual may hereafter possess in this state; and also the expediency of providing that, after the death of present own- ers, the limited quantity be apportioned to the heirs, respectively, and the surplus, if any, be sold, and the proceeds distributed among the heirs.’’ On motion of Moses M. Strong the convention adjourned. 458 WISCONSIN HISTORICAL COLLECTIONS [Nov. 16 Monpay, NoveMBErR 16, 1846 Prayer by the Rev. Mr. Miner. The journal of Saturday was read. Asa Kinne asked that leave of absence be granted to Horace Chase. Leave was granted. Wm. R. Smith, by leave, presented the petition of ministers of the gospel asking that no article be engrafted in the constitution disfran- chising clergymen, which on his motion was referred to the committee on miscellaneous provisions. Mr. Agry, from the committee on the powers, duties, and restrictions of the legislature, reported No. 27, ‘‘ Article requiring the legislature to prohibit theatrical shows,’’ which was read. And the question having been put on referring the said article to the committee of the whole, and ordering the same to be printed, it was decided in the negative. And a division having been called for, there were 24 in the affirmative and 29 in the negative. Mr. Agry, from the same committee to whom No. 24, ‘‘ Article on the powers, duties, and restrictions of the legislature,’’? had been referred with the instructions to amend the same by striking out the tenth sec- tion thereof, reported the same back with amendment, which was to strike out the tenth section. Moses M. Strong, from the select committee to which it was referred to make an apportionment of senators and representatives, reported No. 28, ‘‘Article on the apportionment of senators and representatives. ”’ “‘The select committee appointed to report an apportionment of the senators and members of the house of representatives among the sev- eral counties respectfully submit the following and recommend its adoption to stand as a section in the article on the constitution and organization of the legislature. “Section —. Until there shall be a new apportionment of the sen- ators and members of the house of representatives, the state shall be divided into senatorial and representative districts as follows, and the Senators and members of the house of representatives shall be appor- tioned among the several districts as follows, viz: The county of Brown shall constitute the first representative dis- trict, and shall be entitled to one representative. The counties of Calumet and Manitowoc shall constitute the sec- ond representative district, and shall be entitled to one representa- tive. The counties of Marquette and Winnebago shall constitute the third representative district, and shall be entitled to one represen- tative. 1846] THE CONSTITUTION OF 1846 459 The county of Sheboygan shall constitute the fourth representa- tive district, and shall [be] entitled to one representative. The county of Fond du Lac shall constitute the fifth representa- tive district, and shall [be] entitled to one representative. The county of Columbia shall constitute the sixth representative district, and shall be entitled to one representative. The counties of Portage and Sauk shall constitute the seventh rep- resentative district, and shall be entitled to one representative. ~ The county of Washington shall constitute the eighth representa- tive district, and shall be entitled to three representatives. The county of Dodge shall constitute the ninth representative dis- trict, and shall be entitled to three representatives. The county of Milwaukee shall constitute the tenth representative district, and shall be entitled to six representatives. The county of Waukesha shall constitute the eleventh representa- tive district, and shall be entitled to five representatives. The county of Jefferson shall constitute the twelfth representa- tive district, and shall be entitled to three representatives. The county of Dane shall constitute the thirteenth representative district, and shall be entitled to three representatives. The county of Racine shall constitute the fourteenth representa- tive district, and shall be entitled to seven representatives. The county of Walworth shall constitute the fifteenth represen- tative district, and shall be entitled to five representatives. The county of Rock shall constitute the sixteenth representative district, and shall be entitled to five representatives. The county of Green shall constitute the seventeenth representa- tive district, and shall be entitled to two representatives. The county of Iowa shall constitute the eighteenth representative district, and shall be entitled to six representatives: Provided, That whenever the said county of Iowa shall be divided, and two new counties shall be organized out of the same, then the northern of said two new counties shall be entitled to three representatives, and the southern of said two new counties shall be entitled to three rep- resentatives. The county of Grant shall constitute the nineteenth representative _ district, and shall be entitled to five representatives. The counties of Crawford and Richland shall constitute the twen- tieth representative district, and shall be entitled to one representa- . tive. The counties of St. Croix, Chippewa, and La Pointe shall consti- tute the twenty-first representative district, and shall be entitled to ~ one representative. The counties of Brown, Calumet, Winnebago, Manitowoc, and She- boygan shall constitute the first senatorial district, and shall be en- titled to one senator. - The counties of Fond du Lac, Marquette, Columbia, Portage, and - Sauk shall constitute the second senatorial district, and shall be en- ~ titled to one senator. 460 WISCONSIN HISTORICAL COLLECTIONS | [nov. 16 The county of Washington shall constitute the third senatorial dis- trict, and shall be entitled to one senator. The county of Dodge shall constitute the fourth senatorial dis- trict, and shall be entitled to one senator. The county of Milwaukee shall constitute the fifth senatorial dis- trict, and shall be entitled to two senators. The county of Waukesha shall constitute the sixth senatorial dis- trict, and shall be entitled to two senators. The county of Jefferson shall constitute the seventh senatorial dis- trict, and shall be entitled to one senator. The county of Dane shall constitute the eighth senatorial district, and shall be entitled to one senator. The county of Racine shall constitute the ninth senatorial district, and shall be entitled to two senators. The county of Walworth shall constitute the tenth senatorial dis- trict, and shall be entitled to two senators. The counties of Rock and Green shall constitute the eleventh sen- atorial district, and shall be entitled to two senators. The county of Iowa shall constitute the twelfth senatorial district, and shall be entitled to two senators: Provided, That whenever the said county of Iowa shall be divided, and two new counties shall be organized out of the same, then the northern of said two new coun- ties shall be entitled to one senator and the southern of said two new counties shall be entitled to one senator. The county of Grant shall constitute the thirteenth senatorial dis- trict, and shall be entitled to two senators. The counties of Crawford, Richland, Chippewa, St. Croix, and La Pointe shall constitute the fourteenth senatorial district, and shall be entitled to one senator. A. Hyarr Smiru, Chairman.’’ Moses M. Strong moved that the same be laid on the table until article No. 10 shall be taken up, which was agreed to. Wm. R. Smith, from the committee to whom was referred the peti- tion of M. J. Bovee, asking to contest the seat of Mr. Burchard, made the following report: ‘“‘The committee to whom was referred the petition of Matthias J. Bovee, contesting the seat of Charles Burchard as a delegate to this convention from the county of Waukesha, report: ‘“‘That they have duly considered the matter referred to them, the evidence submitted to them, taken under the rules established by the committee, and have heard the parties by themselves and counsel, so as to enable them to form a conclusion on the whole case as it appears before the committee. ‘“‘The contestant alleges that fraud has been practiced at the late election at the town of Mukwonago, in Waukesha County, in some man- ner, and by some person, neither of which is specified or designated by the contestant. He further alleges that he received more votes at such election than have been credited to him on the election returns. He 1846] THE CONSTITUTION OF 1846 461 further alleges that the election is void and ought to be set aside be- eause the poll lists were not returned according to law. “The evidence which your committee have had submitted to them consists in thirteen depositions taken on the part of the contestant, four depositions taken on the part of the sitting members, which are of the three inspectors and clerk of the election at the town of Mukwonago, the poll lists and certificates of election returns as certified by the board of supervisors and town clerk of the town of Mukwonago; also, the cer- tificate of the county clerk of Waukesha County in relation to the ab- gence of the returns of poll lists of several election districts in Wau- kesha County. ‘Brom the above evidence it appears that at the late election at Mukwonago District, Charles Burchard received ninety votes, and Mat- thias J. Bovee received thirty-six votes as delegate to this convention. ‘Of the thirteen depositions produced on the part of the contestant, six persons testified that they each voted tickets from which the name of Matthias J. Bovee was erased. Two testified that they each voted tickets from which the name of Matthias J. Bovee was not erased. One testified that he voted a Whig ticket with the name of Matthias J. Bovee upon it. One testified that he voted a written ticket, containing the name of M. J. Bovee, and three did not testify anything whatsoever about their votes. ‘‘Bive persons summoned before the justice who took the depositions on the part of the contestant refused to be sworn. Two of said persons on a subsequent day gave their depositions on the part of the sitting member, of which depositions the contestant had notice at the time they were taken. “‘Such, then, is the ease as presented by the evidence before the com- mittee. ‘‘With regard to the allegation of fraud in some manner and by some person at the Mukwonago election, no evidence whatsoever has been exhibited by the contestant in support of such allegation, and in the total absence of such evidence the committee deem it wholly unneces- sary to defend the character of the officers of the said election, when even the insinuations against them as made by the contestant are con- sidered by the committee as without foundation. ‘In relation to the contestant having received more votes at the said election than have been credited to him on the election returns, the com- mittee are at a loss to perceive how such an idea could be entertained, on an examination of the evidence before them. He did not receive as many votes as the other candidates on the same ticket. Six of his own witnesses swear that they voted tickets from which his name was erased. He has received a credit on the poll lists for thirty-six votes, and it does not appear in any part of the testimony that those who swore that they voted for him were not included in the thirty-six. ‘“ As to the point raised by the contestant that the election is void because the poll lists were not returned according to law, the committee have had the poll lists returned by the proper officers to them, that is, certified copies of them, and sufficient evidence appears that the elec- —_ 462 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 16 tion was legally and properly conducted, and the returns properly cer- tified. The committee have not considered the question thus raised as either within their province and duties or requiring a report to be made thereon. ‘“The committee are therefore of the opinion that the contestant, Mat- thias J. Bovee, has failed in producing evidence to support the prayer of his petition, and they submit the following resolution: ““Resolved, That the committee be discharged from the further con- sideration of the subject. W. R. Surru, Chairman’’ The said report was accepted and the committee discharged from the further consideration of the subject. Wm. R. Smith introduced the following resolution, which was read, to wit: ‘‘Resolved, That the Rev. Mr. McHugh, chaplain to this conven- tion, be requested to furnish a copy of the discourse delivered by him before the convention, on Sunday last, and that the same be printed for the use of the convention.’’ : Mr. Reed introduced the following resolution, to wit: ‘‘ Resolved, That at the election at which the votes of the electors shall be taken for the adoption or rejection of the constitution, the following article, to wit: “Section 1. The legislature shall have no power to pass any act granting any special charter for banking purposes. ‘‘Section 2. No corporation within this state, nor any agency of any banking institution or other corporation without this state, shall issue within this state any kind of paper to circulate as money. “‘Section 3. The legislature shall have power, by a vote of two- thirds of the members of each house, to pass general laws under which associations may be formed for banking purposes. “‘Section 4. Every such law shall provide: “First. That the individual property of the stockholders shall be liable for the dues of any such association. ; ‘Second. That every association shall deposit within the office of the secretary of state ample security for the redemption of its cireu- lating notes and other liabilities to the amount of the stock of such association, either in stocks of the United States or of some paying state of the United States. ‘“‘Third. That such stocks, when so deposited, shall be appraised at their market value in the city of New York, and shall be reappraised upon the same basis annually thereafter, during the continuance of such association. “‘Fourth. That no such association shall issue any notes or paper to circulate as money that are not registered and countersigned by the secretary of state; and no such association shall receive or put in circulation notes or paper of an amount exceeding the appraised value of its stocks deposited as security ; and if any such stock so de- posited shall become depreciated, such association shall be required e make a further deposit of stocks to the amount of such deprecia- ion. 1846] THE CONSTITUTION OF 1846 463 ‘‘Rifth. That all notes or paper issued by such association to cir- culate as money shall be made payable in gold or silver coin, on de- mand at the place issued. “Sixth, That if any such association shall fail to redeem its cir- culating notes or other dues on demand, the securities deposited shall be sold and the proceeds of the sale applied first to the redemption of its circulating notes, second to the payment pro rata of other lia- bilities of such association. “‘Seventh. The legislature shall have no power to pass any law sanctioning in any manner, directly or indirectly, the suspension of specie payments by any association issuing bank notes of any de- scription. ‘Section 5. Every such law shall be published at least six months next preceding any general election, and be submitted to the votes of the electors at such election, and if approved by a majority of the electors voting upon that subject, shall take effect and not otherwise,’’ electors voting upon that subject, shall take effect and not otherwise”’ or rejection, in form following, to wit: ‘A separate ballot may be given by every person having the right to vote for the constitution, to be deposited in a separate box. Upon the ballots given for the adoption of the said separate article shall be written or printed, or partly writ- ten and partly printed, the words ‘‘General Banking Laws? Yes!’’ And upon the ballots given against the adoption of the separate ar- ticle, in like manner the words ‘‘ General Banking Laws? No!’’ And on such ballots be written or printed, or partly written and partly printed, the word ‘‘Banking,’’ in such manner that such words shall appear on the outside of such ballot when folded. If, at the said election a majority of all the votes given for and against the said ar- ticle shall contain the words ‘‘General Banking Laws? Yes!’’ then the said separate article shall be article of this constitution, in full force and effect, anything contained in the constitution to the con- trary notwithstanding.’ ”’ Moses M. Strong moved that the consideration of the said resolution be indefinitely postponed. And pending the question thereon, the morning hour having expired, Moses M. Strong moved that the rules be suspended for the consideration of the said resolution. And the question having been put, it was decided in the negative, two-thirds not having voted therefor. And the ayes and noes having been called for and ordered, those who voted in the affirmative were [affirmative 50, negative 40; for the vote see Appendix I, roll eall 109]. This having been read through by the Secretary, the Presi- dent decided it did not fall within the rule of resolutions lying over one day, but on the contrary that it was then open for consideration. Moses M. Strong moved to postpone the same indefinitely. 464 WISCONSIN HISTORICAL COLLECTIONS _ [Nnov.16 Mr. Elmore hoped that course would not be pursued, but that it might take the usual course and be printed, that the conven- tion might see how it looked. Moses M. Strong said that all he desired was to save the time of the convention, which must of necessity be taken up in the discussion of this article. The same subject had been before the convention and by them rejected, and gentlemen ought with that to be content. Mr. Tweedy did not so understand the question before the convention. The question now presented was whether they would allow the people to say that free banking might exist in the state, whereas, it had been before presented in the form of having the convention decide that question without any re- gard to the will of the people. Moses M. Strong would not vote to submit any question to the people for their votes which he would not vote for directly. Mr. Judd was opposed to this summary disposal of the ar- ticle; it deserved to be more courteously treated—to be printed, that members could act understandingly. Mr. Reed desired to give his views on the subject when it should come up in its order, but was not prepared to do so now. W. Chase did not again want to have the bank question brought before the convention, believing as he did that it was properly settled at present. Mr. Elmore said he should vote against all such projects as that proposed by his colleague. He was opposed to banks and bank paper in all its shapes and forms; but at the same time as Mr. Reed had lately been among his constituents, and had come back with changed views in relation to banking, Mr. El- more hoped the convention would give him an opportunity of giving the reasons of his sudden conversion. For one, he was induced in some measure by curiosity to hear what he had to say for his article. Marshall M. Strong did not think that it was treating the gentleman discourteously to make the motion proposed. That course was frequently taken, when a vote was desired as a test on a naked proposition. Courtesy did not require this article to be passed through all the forms of readings and printing 1846] THE CONSTITUTION OF 1846 465 for the sake of being killed afterwards. He was ready to vote at that time, and believed the same was the case of every mem- ‘ ber on the floor. Mr. Whiteside said every man ought to have come here pre- ‘pared to vote on this question; they should have known the minds of the people of their counties on this subject, especially as it had been greatly agitated among them. Delay or agita- tion of this matter was unnecessary, as this and the test vote might as well be taken now as at any time. Mr. Randall denied that this question had ever been before the convention. Those questions were for the convention to decide upon, this for the people. He protested against this attempt to dodge the question in this indirect manner, to choke the friends of the measure from perfecting it. While he was speaking the clock struck ten, and the orders of the day were called for, so no question was taken.—E xpress, Nov. 24, 1846. No. 24, ‘‘ Article on the powers, duties, and restrictions of the legis- lature,’’ was taken up. And the question being on concurring in the amendment of the committee of the whole thereto, which was to strike out the tenth section thereof, Warren Chase called for the previous question, which was seconded. And the question having been put, “Shall the main question be now put?’’ it was decided in the affirma- tive. And the question having been put on concurring in the said amend- ment, it was decided in the negative. And the ayes and noes having been called for and ordered, those who voted in the affirmative were [affirmative 41, negative 53; for the vote see Appendix I, roll call 110]. Mr. Kellogg was excused from voting, he not having been in attend- ance during the discussion on the above question. The said article was then ordered to be engrossed for a third reading. No. 10, ‘‘ Article on constitution and organization of the legislature,’’ was then taken up. And the question being on concurring in the amendments of the committee of the whole thereto, a division of the question was called for. The question being on concurring in the first amendment, Moses M. Strong moved to amend the same by striking out “60”’ and inserting in lieu thereof ‘‘62.’’ And pending the ques- tion on said amendment, on motion of Asa Kinne the convention took a recess until two o’clock, P. M. TWO O’CLOCK, P. M. Article No. 10 was taken up. And the question having been put on adopting the amendment of Moses M. Strong, it was decided in the 30 \ 466 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 16 affirmative. And the ayes and noes having been ealled for and or- dered, those who voted in the affirmative were [affirmative 62, nega- tive 22. For the vote see Appendix I, roll call 111]. The amendment as amended was then adopted. The second amendment of the committee of the whole was then adopted. And the question being on the third amendment of the committee of the whole, which was to strike out the fourth section, Moses M. Strong moved to amend the same by adding, ‘‘and insert the article reported by the select committee to whom it was referred to make an apportionment [of representation] for the senate and house of rep- resentatives,’’ when Mr. Magone moved that the further consideration of the said article be postponed until tomorrow, and that the said amendment be printed. A division of the question was called for. And the question having been first put on postponing, it was decided in the negative. And the ayes and noes having been called for and ordered, those who voted in the affirmative were [affirmative 49, negative 49; for the vote see Ap- pendix I, roll call 112}. Mr. Dennis moved that the convention do now adjourn, which was disagreed to. Mr. Magone moved that the said article be committed to the com- mittee of the whole and ordered printed. Moses M. Strong moved that the further consideration of said article be postponed until tomorrow morning at ten o’clock, and that the said amendment and a tabular statement on the same subject be printed, which was agreed to. On motion of Mr. Hunkins the convention adjourned. On THE CoNSTITUTION OF THE LEGISLATURE This article came up on agreeing to the report of the com- mittee of the whole. Moses M. Strong moved to amend the report of the commit- tee fixing the number of the house of representatives at sixty by making it sixty-two; and said that sixty-two was the num- ber agreed upon by the committee of nine, to whom this subject had been referred, except that Mr. Beall wanted one member given to his county, Marquette. H. Barber hoped the motion would prevail—that the con- vention should determine what number should be placed in the house of representatives. W. Chase could not well see what connection the adoption of a number as the amount of the house had to do with the distribution of the members. The only question in his mind 1846] THE CONSTITUTION OF 1846 467 was this, Is sixty-two the best number that can be fixed upon for the house of representatives? Not how many will this or that county get. Mr. Holcombe could not so look upon the question, but that the fixing the number in the section was the commencement of a series of amendments reported by the committee of nine. If he had rightly understood the report of the committee, as read by the chairman thereof, all the northern counties were to have put one representative, without any reference to their popula- tion, position, or disconnection. W. R. Smith hoped the amendment would be adopted. It was well known that there had been a great deal of discussion in the convention on this subject, and much time spent; that in order to save the time of the convention the committee of nine had been raised on this subject. After a full and fair discussion of the whole matter the committee had agreed that sixty and twenty were the best numbers for the two houses; but as a compromise with the small counties which claimed each a representative, two had been added to the house and one to the senate and these were given to the northern and small counties. (Mr. Beall of Marquette addressed the convention at length upon this subject. We shall publish his remarks next week.) H. Barber said he did not design to enter into a discussion of the report of the select committee of which he was a mem- ber at this time; he preferred to wait until the report itself came up, and should not have arisen at this time but for what he considered a very unjustifiable attack made upon him by the gentleman from Marquette, impugning the motives by which he had been governed on the select committee, and to defend himself he should be obliged to go somewhat into the history of the matter. He said it would be recollected that when the article now under consideration was first before the committee of the whole several days since, he offered an amendment to strike out forty-five as the number of the house of representatives and insert sixty-five. He then stated his object to be to enlarge that body so as to give each of the or- ganized counties a representative. That motion failed; sub- 468 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 16 sequently the proportion was twice presented by other mem- bers and rejected. The subject after a lengthy discussion was referred to a select committee, and on that committee the mo- tion to base the representation upon population was put and rejected, four of the committee voting for it and five against it, when it became apparent that if the proposition as pre- sented to the house and as argued before the committee by the gentleman from Marquette was adopted by the majority of the committee, there would be a minority report, and the whole subject would return to be settled by the convention, without gaining anything by the appointment of the select committee. A proposition was then presented which resulted in what was then considered a compromise, making a house of sixty-two and a senate of twenty, all the members of the committee agree- ing to it, except the gentleman from Marquette. The proposition to increase the house two members gave the two members to the north part of the territory where he was desirous to extend the representation. Such, sir, said Mr. Bar- ber, was the action of the committee on Saturday, but this morning just before the report was made the committee met to hear the report as drawn up by the chairman and then the proposition was made to increase the senate by one. He then opposed such increase unless the northwest, where the new senator was to be located, would give up two of their represen- tatives to the four northern counties, which by the report was to have but two, which was refused and he voted against the alteration, whilst the gentleman from Marquette, himself, voted for it. And now, sir, the gentleman sees fit to attack me for what he is pleased to call my desertion of him, and he has referred to political division amongst the Democratic party on this floor, and has said he did not know what consideration had been held out to me to abandon him and to go over to the enemy. Sir, if the gentleman has supposed that I have been acting with him in this matter from any such consideration, he has mis- taken my motive. In presenting this subject at first he was influenced by the consideration that immediately after the or- ganization of a state government important subjects of legis- 1846] THE CONSTITUTION OF 1846 469 lation would come before the legislature, and one in relation to the improvement of the Fox and Wisconsin rivers, in which the northern counties had a deep interest, and he desired that those counties bordering upon these rivers should each have a representative in the first legislature, and with that view and for that object he had advocated the measure throughout. But the gentleman from Marquette, before he accuses me of act- ing from improper motives when I manifested a disposition to compromise the matter, and obtaining thereby a part of what I had been aiming at, should recollect that the two gentle- men from Brown, coming from a section of territory having an interest in common with all these small counties he is so anxious should have a representative, have opposed this prop- osition throughout both in the committee of the whole when it was first presented by me, and voting against it on select com- mittee where the gentleman complains of my action. Now, sir, said Mr. Barber, I consider the attack made upon me by the member from Marquette as unjustifiable, uncalled for, and ungentlemanly, and as such I repel it. Moses M. Strong moved to amend the amendment of the committee of the whole, which was to strike the fourth section from the article, by adding thereto ‘‘and insert’’ [the section he had reported this morning] on which a debate ensued, which consumed the remainder of the day. Mr. Magone moved to postpone the whole subject to tomor- row. Ayes 49, noes 49. Mr. Magone moved to recommit the article to the committee of the whole, and that the amendment be printed. Moses M. Strong moved to adjourn; which prevailed.—Ar- gus, Nov. 24, 1846. 470 WISCONSIN HISTORICAL COLLECTIONS _ [Nov.17 TuESDAY, NoveMBER 17, 1846 Prayer by the Rev. Mr. McHugh. The journal of yesterday was read. Hiram Brown asked that leave of absence be granted to Mr. Phelps. Leave was granted. Mr. Hesk presented the petition of citizens of Waukesha County, asking that the homestead of citizens be exempted from forced sale, which, on his motion, was referred to the committee on miscellaneous provisions. Marshall M. Strong, from the committee on engrossment, reported No. 24, ‘‘ Article on the powers, duties, and restrictions of the legisla- ture,’’ as correctly engrossed. Mr. Moore introduced the following resolution, which was read, to wit: ‘‘ Resolved, That this convention hold evening sessions as follows: on Monday, Wednesday, and Friday evenings, commencing at seven o’clock.’’ The resolution introduced by Wm. R. Smith on yesterday, relative to publishing the discourse of the Rev. Mr. McHugh, was taken up, when Mr. Hunkins moved to amend the same by inserting ‘‘1,000 copies,’’ which amendment was accepted by Wm. R. Smith. The said resolution was then adopted. The resolution introduced by Mr. Reed on yesterday was taken up. And the pending question thereon being on its indefinite postponement, and having been put, 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 65, negative 30; for the vote see Appendix I, roll call 113]. Free BAankKING The President announced that the question before the con- vention was the motion of Moses M. Strong to postpone indefi- nitely the resolution and article introduced by Mr. Reed, to submit the question of free banking to the votes of the people, and which had been cut off on yesterday by the expiration of the morning hour. Mr. Reed rose and remarked that he did not consider himself able on account of his health to speak on the merits of his proposition as he could wish to do. On this ac- count he had committed what he had to say on this subject to paper, and which he asked consent to read. 1846] THE CONSTITUTION OF 1846 A471 The motion prevailed and the resolution was lost.—Argus, Nov. 24, 1846. BANKS AND BANKING (Remarks of Mr. George Reed, November 17, 1846) Mr. Present: When I voted for the article on the subject of banks and banking, I did so for the purpose of having that vote reconsidered—being opposed to any legislative restric- tions upon that subject; but, on reflection, as so large a major- ity of the convention was of opinion that the article would meet the approval of the people, I thought it would be idle to at- tempt to change materially the features of it, and that it would be permitted to go forth to the people in its present shape; but at the same time, not willing to risk the fate of the constitution itself upon the issue upon that single measure, I came to the determination to pursue another course which I thought would not fail to meet the approbation of a large majority of this convention. But, sir, when I introduced yesterday the resolu- tion to submit to a vote of the people a separate article, a mo- tion from a quarter from which I thought I had reason least to expect it was made to postpone indefinitely; and the vote which was taken after the morning hour had expired on a sus- pension of the rule in order that the vote might be taken on that motion satisfied me that I had greatly mistaken the views of certain gentlemen of this convention; and, sir, unless the gentleman will withdraw his motion and allow the resolution to be referred to the committee of the whole and printed, t shall be compelled now to give briefly some of the reasons which impelled me to offer the resolution, though the feeble state of my health admonishes me that I ought to be silent. The article which we have adopted contains the most extra- ordinary declarations and provisions. It declares that noth- ing but gold and silver coin and foreign bank bills shall be used or circulated as a currency within this state; it declares that no person shall have the right to issue, or receive or pay out, within this state, any kind of paper credits intended to cireu- late as money; it declares that no person shall pass or put in 472 WISCONSIN HISTORICAL COLLECTIONS | [noyvy. 117 circulation, within this state, any paper credit of certain denom- inations, issued under the authority of any other state of the Union, or of the United States; it declares that no corporation shall receive deposits, or buy or sell bills of exchange; and it provides that the legislature shall enforce the observance of all these declarations by the enactment of penal statutes; it provides that any person who shall not surrender certain nat- ural rights which he is allowed to exercise under every consti- tution of the states must lose his property or his personal lib- erty. From a deep and settled conviction in my own mind that the people will not impose upon themselves these restrictions I am induced to offer this proposition. Sir, while on the one hand the people will not submit to be governed by chartered monopolies, nor suffer their rights and interests to be hedged in and circumscribed by special privi- leges enjoyed by the few, they will never, on the other, sanction a constitutional provision that destroys their own freedom of action, and deprives them of all the advantages of a great branch of trade and commerce so highly useful when left like any other pursuit to the control and management of the people themselves. The measure which we have already adopted has satisfied the people that we have but little confidence in, and place but little reliance upon their wisdom and virtue, or their capacity of self-government. It shows that we have drawn our argu- ments and observations from the peculiar situation of our ter- ritory ten years gone by, when the mere frontier of civiliza- tion, instead of looking forward to the time when our state is to become peopled with its millions and its wealth increased in an equal ratio. What change of circumstances and time may produce none here can foresee, and none here ought to pretend that we are able to declare; and the only safe prin- ciples for the guide and government of our action here are that there is enough of intelligence—enough of honesty and integ- rity of purpose—enough of wisdom and virtue among the peo- ple, at all times, for self-government—that the most enlight- ened freedom among the people is that which is the most en- larged; and, sir, the power over this subject will be safe in 1846] THE CONSTITUTION OF 1846 473 their hands, and their rights and interests, individually and collectively, will be better promoted, better guarded and pro- tected, without the chains and fetters which by this measure we ask them to put on—without the despotism of this constitu- tional rule which we ask them to adopt. Our wealth and population are increasing rapidly—our trade and commerce are growing in importance and will continue to advance more rapidly than those of any other state of the West, unless the people should adopt the narrow-minded, jealous, and restrictive policy which we have proposed. And, sir, I tell gentlemen that this “‘hard’’ system, which appears so charming and beautiful to them in theory, can never be reduced to practice, without breaking the intercourse, dis- turbing the mutual participation in commerce, and destroying the business and social relations which now and ought ever to exist between the citizens and people of this state and the cit- izens and people of other states. The people feel, and, sir, we ought to feel that we are incom- petent to foresee the future condition and prescribe the future wants—to measure in advance the progress, define the re- sources and the means adequate to their full development—to frame and adjust measures calculated to meet the emergencies and varied and varying circumstances which must necessarily mark the career of this state during the few years to come. What we were six years ago and what we are today—what was our condition then and what it is now—is so different that the legislation applicable to our wants at the one time falls far short of our present requirements. No one in 1840, when a population numbering a little more than 40,000 was to be provided for, would have dared to ex- tend his legislative functions to meet the rapid increase and development of population, wealth, and resources since, from that time to this. How then are we prepared to do the same thing now? Commercial and agricultural facilities and em- ployment increasing with incalculated rapidity—every means of industry, every opportunity for the investment of capital multiplying daily around us—every district opening new treas- ures, inviting the attention and stimulating the energy of our 474 WISCONSIN HISTORICAL COLLECTIONS _ [nov.17 people—every day rolling up to our astonished vision new dis- coveries in every department of human enterprise—who, I ask, sir, can tell the measures and means necessary to foster, en- courage, and protect all these interests which are daily increas- ing in magnitude and diversity? Who has a vision so pene- trating as to enable him to scan the future and adapt special legislation to the advancing strides of our state and people? As well might you attempt to cut and form for the infant in the cradle its successive garments through the periods of child- hood, youth, manhood, and old age! Sir, the people desire to be left free to act as the genius of the times or the spirit of the age shall require, and they will not voluntarily yield that freedom of action so necessary to their own well-being, to be chained up by a constitutional pro- vision, nor will they permit it to be destroyed or curtailed by the mere government agency which they will soon be called upon to establish. They will not give to their government agency the power to create distinctions in the condition of the people by bestowing privileges upon the few which are denied to the many—they will not give the power to enact laws that shall not recognize the perfect equality of human rights or that shall be untrue to the great principles and interests of democracy. All the affairs of trade and commerce will be left to regu- late themselves, independent of any legislation upon the sub- ject, except such as shall be necessary for the prevention and punishment of frauds and for the protection of the equal rights of the people. And, sir, I contend that banking is a distinctive branch of business, with which the government should have no more to do than with any other branch engaged in, carried on, and conducted either by individuals or associations; affording equal protection to, and imposing equal liabilities upon associ- ated and individual capital—extending to the one hundred men with their thousand dollars each, associated, the same privi- leges that are enjoyed by the individual with his one hundred thousand dollars. 1846] THE CONSTITUTION OF 1846 475 The Constitution of the United States made gold and silver the standard of value, or, in other words, the legal currency of the country, and most wisely left its regulation to the nat- ural laws of trade, conferring no power upon the federal gov- ernment to establish a bank and give to a few individuals the exclusive privilege of furnishing and regulating the currency and exchanges of the country. When the United States Bank was chartered the constitution was violated; when the differ- ent states chartered their numerous bank monopolies a doubt- ful power was exercised and certain natural rights of the peo- ple were taken away in the bestowal of certain special privi- leges on the few to regulate the affairs of the many; hence grew up a system of banking in the United States, the most corrupt and corrupting—a system which has proved disastrous to the best interests of the country—a system which by dis- turbing or defeating the legitimate operation of the natural laws of trade has at times shook the commerce of the nation from its center to its circumference and caused bankruptcy and ruin throughout the land. All this has afforded an elo- quent theme for declamation, and changes have been rung upon it in this hall by gentleman who claim to belong to the pure, uncorrupted, and incorruptible Democracy. All this has been seized upon and used as an argument, and for the purpose of frightening men from their propriety and getting engrafted into the constitution of this state a provision which, if sanc- tioned by the people, will abridge their natural rights. And, sir, gentlemen in their zeal in advocating or defending what they term a vital principle in the polity of our state have stepped beyond the bounds of reason and left open to attack the names of Madison, Jackson, Van Buren, Calhoun, and Polk, and from the position which they occupy here are unable to utter one word in defense of these great names. Yes, sir, the bright names of Madison and Jackson are to be struck from the Democratic roll—Van Buren, Polk, and Cal- houn are to be read out of the Democratic ranks by the new lights which have recently sprung up in the West. If to oppose the connection of government with banks—if to oppose the mingling of politics with the question of cur- vo. 476 ‘WISCONSIN HISTORICAL COLLECTIONS [Nov.17 rency—if to oppose legislative machinery for the regulation of currency and exchange—if to oppose all legislative inter- ference with, and restrictions upon, any of the natural laws of trade—if to oppose any infringement of the natural and equal rights of the people, by taking from them the power over the questions of banking and currency—makes men bank men, then all these great names are obnoxious to the charge, and the _ anathemas which have been uttered by gentlemen here must fall upon them. But, sir, there is another and more important feature in this proposition. Sir, I have a deep and abiding confidence in the people to guard their interests at all times. Individual men may quail before the exigencies of the times, but the people are competent to any emergency. Individuals may shrink from responsibility, but the people are equal to any occasion that calls for their action. The observation of individuals is limited to the circle with- in which they move, but the people, as a whole, are everywhere present, scanning every measure and accurately calculating its effects upon individual prosperity and the public welfare. This proposition leaves the people free to think and act, to choose, adopt, sanction, or reject, discard, and condemn either policy, according as it shall promise to promote or retard their . progress. Instead of 120 minds being brought to bear upon this great question, I propose that 200,000 minds shall judge it, and as many tongues discuss it. Let this proposition go forth to the people, and it will be discussed and tried in every counting room, in every office, at every fireside, in every field, shop, and cabin in the state. Mind will enlighten mind, ex- perience will be added to experience, thought will beget thought, and thus the aggregate wisdom of the whole people will be, as it were, transmitted from man to man, till the voice of the people shall finally settle the question, and settle it wisely. And why not subject this question to this tribunal? The will of the people should be our law. No one here desires to run counter to the popular will. Then why check its utterance? Why fear its voice? Has Democracy progressed so far as to 1846] THE CONSTITUTION OF 1846 AT7 have leaped from the bosom of the people to the arms of a few political aspirants? Are gentlemen so much wiser than their constituents that the latter are not permitted to think or speak put through the mind and lips of guardian keepers? Do gen- tlemen fear the adoption by the people of this proposition? And, sir, suppose the people in their simplicity shall say that they will keep the power over this subject in their own hands, to be used or not at their discretion, will gentlemen be less wise and learned in that event? Sir, I would not do aught to diminish the Democratic fervor that seems to animate gentlemen who oppose a popular test of this question. I would not take a Democratic hair from their head because I would have the number less. I would not let down the Democratic standard which has been erected, but I would like to see the people elevated to that standard. Sir, fhough from the effects I have observed on others I would not venture upon the giddy height from which our leaders survey the Democratic field, yet I do think we may trust the people - there a little moment. Si, gentlemen would usurp the place which belongs to the people. Sir, a man of olden time, on surveying this human constitu- tion of ours with all its parts and members so wisely and so appropriately adapted to its design, was forced to exclaim that it was fearfully and wonderfully made. And, sir, I greatly fear that the people will so exclaim of the constitution we shall frame, though perhaps with different sentiments, and for dif- ferent reasons, unless we regard the practical good sense which the people require in exercise. Sir, the time was when constitution-making was a rare af- fair, and many men found themselves suddenly enlarged by having a hand in the matter. But those days are gone by. It has become a common affair now. There are so many of them, and all so similar that I have little expectation of seeing any considerable number of great men indebted for their greatness to their seat here. It will therefore be quite as well to turn our attention to the business of making a constitution for the people, instead of making one for ourselves. 478 WISCONSIN HISTORICAL COLLECTIONS [Nov. 17. Sir, if there is a diversity of opinion here on this subject of banking and currency, that is the best evidence that there is a diversity of opinion among the people. Then, sir, let the people decide the matter. Let them have it as they like, and our duty will have been done. If the people err, as err they sometimes do, they are always prompt to correct their error. They never hang themselves upon pride of opinion, nor do they fear to do right because they may have been committed to the wrong. Consistency is never so beautifully exemplified as in a steady pursuit of the right even though it leads us to a discovery and acknowledgment of the fact that we have been in the wrong. If, therefore, we have advanced too far in our endeavor to guard and protect the currency of the people—if, sir, in our endeavors to keep the people out of the fire we have so ham- pered them that they are unable to get out of the mire, let us at least put into their hands the knife or scissors that they may cut the bands if they choose to do so. It may be, nay, sir, it has been contended that the will of the Democratic party has been expressed on this subject; that this is now a settled question with the party. But, sir, is it so? Then why this difference of opinion among good men and true, on this floor. Why this diversity of sentiment among members representing different constituencies, aye, and even among gentlemen representing the same constitu- ency? Why has this proposition gone out from a Democratic convention in another state? Why this desire of good Demo- crats to submit it to the people? Ill tell you, sir. The people have not passed upon the question. And the very measure now proposed will accomplish that result. Let that result be accomplished, and a vexed question will be settled by the high- est earthly authority, and to whose decision all will most cheerfully submit. Mr. President, if this or some similar proposition be not sent forth to the people, or the article which we have adopted be not stricken out or essentially and materially changed, the constitution on account of that and other objectionable fea- tures will be rejected.—Democrat, Nov. 28, 1846. 1846] THE CONSTITUTION OF 1846 479 No. 24, ‘‘ Article on the powers, duties, and restrictions of the legis- lature,’’ was then read a third time. And the question having been put on the passage of said article, it was decided in the affirmative. And the ayes and noes being required by the rules, those who voted in the affirmative were [affirmative 83, negative 14; for the vote see Appendix I, roll call 114]. So the article passed, and the title thereof was agreed to. No. 10, ‘‘ Article on constitution and organization of the legislature,’’ was taken up. And the question being on concurring in the three amendments [third amendment] of the committee of the whole there- to, which was to strike out the fourth section thereof, Moses M. Strong moved to amend the amendment by inserting the article reported by the select committee relative to an apportionment of senators and rep- resentatives. A. Hyatt Smith moved that the said article be committed to a com- mittee of nine, with instructions to report a representation on the plan of the law of 1842, on a basis of 21 for senate and 63 for house, and also on a basis of 22 for senate and 66 for house. Mr. Judd moved to amend the motion by adding as follows: ‘‘Pro- vided, That each organized county within the territory, except the eounties of Richland and Chippewa, shall be entitled to one member in the house of representatives.’? And the question having been put, it was decided in the affirmative. And the ayes and noes having been ealled for and ordered, those who voted in the affirmative were [affirma- tive 49, negative 46; for the vote see Appendix I, roll eall 115]. Mr. Elmore moved to amend the motion by striking out all between the words ‘‘nine’’ and ‘‘provided,’’ which was agreed to. On motion of Mr. Magone the convention took a recess until two o’clock, P. M. TWO O’CLOCK, P. M. Article No. 10 was then taken up, when Moses M. Strong moved to amend by striking out all after the words “‘a committee of,’’ and insert- ing the following words, to wit: ‘‘Eleven, with instructions to report an apportionment of senators and representatives among the several coun- ties, based upon population, so that no district shall have a senator or representative upon a population of less than three-fifths of common ratio,’ and moved a call of the convention, which was seconded, and Messrs. Agry, John M. Babcock, Bevans, Brace, Charles E. Browne, Burt, Cartter, Clark, Coombs, Dunning, Fuller, Hunkins, Mills, Patch, Prentiss, Randall, Geo. B. Smith, and John Y. Smith reported absent. On motion Messrs. Burt, Coombs, and Mills were excused from their attendance on the convention. The sergeant at arms not being in attendance, Mr. Ryan moved that the rules be suspended for the consideration of the resolution relative to dispensing with the services of sergeant at arms, which had been laid on the table, which was agreed to. 480 WISCONSIN HISTORICAL COLLECTIONS [Nov.17 Mr. Clothier moved that the said resolution be laid upon the table, which was agreed to. And a division having been called for, there were 37 in the affirmative and 15 in the negative. Moses M. Strong moved that all further proceeding under the call be dispensed with, all the absentees being in attendance except John Y. Smith and Coombs, which was disagreed to. And a division having been called for, there were 26 in the affirmative and 27 in the negative. The sergeant at arms having reported that he was unable to find Messrs. John Y. Smith and Coombs, on motion of Warren Chase all further proceedings under the call were dispensed with. Mr. Magone moved the previous question, which was not seconded. The question was then put on the amendment of Moses M. Strong to the motion of A. Hyatt Smith and was decided in the negative. And the ayes and noes having been called for and ordered, those who voted in the affirmative were [affirmative 48, negative 54; for the vote see Appendix I, roll call 116]. u Mr. Ryan moved that the motion of A. Hyatt Smith be laid upon the table. And the question having been put, it was decided in the affirmative. And the ayes and noes having been called for and or- dered, those who voted in the affirmative were [affirmative 55, nega- tive 45 ; for the vote see Appendix I, roll call 117 i Moses M. Strong, by leave, withdrew his amendment to the amend- ment of the committee of the whole. Mr. Elmore moved that the said bill and amendments be recommitted to the committee of the whole. And the question having been put, it was decided in the affirmative. And the ayes and noes having been called for and ordered, those who voted in the affirmative were [affirm- ative 62, negative 35; for the vote see Appendix I, roll call 118}. The convention resolved itself into committee of the whole for the consideration of the said article and amendments, Hiram Barber in the chair. And after some time spent therein the committee rose and by their chairman reported the same back, with a recommendation that the article be referred to a select committee of eleven. The said report was then adopted. On motion of Mr. Elmore the convention adjourned. On THE CONSTITUTION OF THE LEGISLATURE Moses M. Strong renewed his motion to amend as of yester- day. Mr. Dennis opposed the motion to amend on the ground that it did not distribute the members according to their popula- tion and cited Grant and the counties on the Mississippi as having gained two members of the house and a senator, based on no population. 1846] THE CONSTITUTION OF 1846 481 _ A. H. Smith moved to refer the whole subject to a committee of nine, with instructions to report a section based on popula- tion, on the principle of the laws of 1842 and 1846, by which the representatives of the legislature of the territory have been distributed. Mr. Judd moved to amend the motion so that the report should give a member to each county. This failed. Ayes, 48; noes, 54. Mr. Ryan moved to lay the motion on the table, which pre- vailed. Mr. Bevans said the delegates from Grant would give up one of the members of the house of representatives that the com- mittee had assigned to that county. Moses M. Strong said that as gentlemen for whose benefit the compromise had been entered into saw fit to abandon it, he did not think that duty compelled him longer to abide by the proposition; therefore he should abandon it and fall back on the principle of representation based on population. He then withdrew his proposition to amend. Mr. Lovell moved to amend as propos[ed] by Mr. Strong, except Racine was to have 8 members of the house of repre- sentatives and Jefferson 4, while Grant was to have but 4, and Chippewa, St. Croix, and La Pointe but 1. Mr. Elmore moved that the article be referred to the com- mittee of the whole, which prevailed. Mr. Tweedy offered an amendment to the fourth section, so that it would provide that the ‘‘legislature should be formed on a principle to be provided for in another article.’’ Mr. Huebschmann offered a substitute for the section, pro- viding that all apportionments shall be made on a basis to be formed by dividing the whole population of the state by the number of members of each house to find the unit of represen- tation, and giving to each county having a unit or three-fifths of a unit one member to that house for such unit or three-fifths of a unit; that a county or counties not having a unit or three- fifths of a unit should be attached to some other contiguous county. 31 482 WISCONSIN HISTORICAL COLLECTIONS — [Nov.17 A. H. Smith moved that the committee rise and report, and recommended that the whole subject be referred to a commit- tee of eleven, to report thereon. The motion prevailed, and Messrs. A. H. Smith, Dennis, Madden, Bell, Hicks, Cartter, Parks, N. F. Hyer, Gibson, Goodrich, and Tweedy were ap- pointed the committee. Long discussions arose on these several motions, in which the convention were occupied to a very late hour in the day, when the convention adjourned.—Express, Nov. 24, 1846. Sia 1846] THE CONSTITUTION OF 1846 483 WeEpDNESDAY, NovEMBER 18, 1846 Prayer by the Rev. Mr. McHugh. The journal of yesterday was read. The President announced the appointment of the following com- mittee, to which was referred article No. 10, to wit: Messrs. A. Hyatt Smith, Dennis, Madden, Bell, Hicks, Cartter, Parks, Nathaniel F'. Hyer, Gibson, Goodrich, and Tweedy. Warren Chase moved that leave of absence be granted to Mr. Hazen. Leave was granted. . The President presented the report of the clerk of the district court of the county of Dane which was read and referred to the select com- mittee on that subject. Petitions were presented and referred as follows: By Mr. Dennis, a petition of citizens of Dodge County asking that the homestead of citizens be exempted from forced sale; by Mr. Burnside, a petition of citizens of Iowa County, on the same subject; by Mr. Huebschmann, a petition of citizens of Milwaukee County, and also a petition of citi- zens of Washington County, on the same subject, which were severally referred to the committee on miscellaneous provisions. Mr. Soper introduced the following resolution, which was read, to wit: “‘Resolved, That the member apportioned by the select commit- tee of nine to the county of Grant, and so suddenly flushed from her beautiful prairies by her own delegation, be permitted to settle down and remain in the county of Manitowoc.”’ The resolution introduced by Mr. Hicks on the fourteenth instant, relative to limiting the quantity of land which any individual may hereafter possess in this state, ete., was taken up, when Mr. Judd moved that the same be laid upon the table, which was agreed to. The resolution introduced on yesterday by Mr. Moore, relative to holding an evening session of this convention on certain evenings of each week, was taken up and adopted. : The convention then resolved itself into committee of the whole for the consideration of the report of the select committee on articles Nos. 5, 6, and 7, and sundry resolutions, Mr. Judd in the chair. And after some time spent therein, the committee rose and by their chairman re- ported progress thereon, and asked leave to sit again. Leave was granted. i an motion of Mr. Doty the convention took a recess until two o’clock TWO O'CLOCK, P. M. The convention again resolved itself into committee of the whole for the consideration of the report of the select committee on articles Nos. 5, 6, and 7, and sundry resolutions, Mr. Judd in the chair. And 7 484 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 18 after some time spent therein, the committee rose and by their chair- man reported progress thereon, and asked leave to sit again. Leave was granted. On motion of Mr. Ryan the convention took a recess until seven o’clock, P. M. SEVEN O’CLOCK, P. M. The convention again resolved itself into committee of the whole for the consideration of the report of the select committee on articles Nos. 5, 6, and 7, and sundry resolutions, Mr. Judd in the chair. And after some time spent therein, the committee rose and reported the articles back with amendments. Mr. Rankin asked that leave of absence be granted to himself. Leave was granted. On motion of Mr. Huebschmann the convention adjourned. The convention then resolved itself into committee of the whole on the report of the select committee on the articles on internal improvements, taxation, finance, and public debt, and on corporations other than municipal. The article on corporations other than municipal was en- tirely stricken out. The resolutions reported by the select committee elicited a long discussion which was not ended till the adjournment at noon. The resolutions as reported by the select committee are as follows: “Resolved, That the legislature shall at its first session pass an act forever refusing the assent of this state to the pro- visions of an act of Congress entitled ‘An Act to grant a quan- tity of land to the territory of Wisconsin for the purpose of aiding in opening a canal to connect the waters of Lake Michi- gan with those of Rock River,’ approved the eighteenth of June, 1838, and refusing the grant therein made, and refusing to assume the trusts thereby created. ‘Resolved, That the state of Wisconsin does hereby refuse to assent to the provisions of an act of Congress entitled ‘An Act to grant a certain quantity of land to aid in the improve- ment of the Fox and Wisconsin rivers, and to connect the same by a canal, in the territory of Wisconsin,’ approved the sixth day of August, 1846, and does hereby refuse the grant thereby 1846] THE CONSTITUTION OF 1846 485 made; but does hereby request Congress to pass an act grant- ing the net proceeds of the lands granted by the act last men- tioned, when sold by the United States under the laws and reg- ulations of their land offices, to this state, in aid of the work mentioned in the said act, to be paid over to the proper officer of this state from time to time; and in case Congress shall pass © such an act, then the funds accruing from such grant are hereby irrevocably pledged to the works mentioned in the said act of the sixth day of August, 1846. “‘Resolved, That Congress be requested upon the admission of this state into the Union to pass an act whereby the grant of five hundred thousand acres of land, to which this state is entitled by the provisions of an act of Congress entitled ‘An Act to appropriate the proceeds of the sales of public lands, and to grant preémption rights,’ approved the fourth day of September, 1841, and also the five per centum of the proceeds of the public lands lying within this state, to which this state shall become entitled on her admission into the Union, by the provisions of an act of Congress entitled ‘An Act to enable the people of Wisconsin Territory to form a constitution and state government, and for the admission of such state into the Union,’ approved the sixth day of August, 1846, shall be granted to this state for the use of schools instead of the pur- poses mentioned in that behalf in the said acts of Congress, re- spectively. “‘ Resolved, That the foregoing resolutions be appended to and signed with the constitution of this state, submitted there- with to the people of this territory, and to the Congress of the United States.’’ AFTERNOON SESSION The committee of the whole again took up the resolutions. Mr. Tweedy presented the following additional resolutions, to follow the first resolution, which were discussed and adopted: “Resolved, That the Congress of the United States be and is hereby requested upon the admission of this state into the Union so to alter the provisions of the act of Congress, ap- 486 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 18 proved June 10, 1838, and so to alter the terms and conditions of the grant made therein that the odd-numbered sections thereby granted and the net proceeds of so much thereof as shall have been sold by the territory of Wisconsin may be held and disposed of by the state as part of the 500,000 acres of land to which the state is entitled by the provisions of an act of Congress entitled ‘An Act to appropriate the proceeds of the sale of the public lands and to grant preémption rights,’ ap- proved the fourth day of September, 1841. That the even- numbered sections reserved by Congress may be offered for sale by the United States for the minimum price, and subject to the same right of preémption to occupants as the public lands of the United States. “‘Resolved, That, in case the said odd-numbered sections shall be ceded to the state as aforesaid, the same shall be sold by the state, in the same manner, at the same minimum price, and subject to the same right of preémption to occupants as the public lands of the United States are now sold, and the ex- cess price over and above one dollar and twenty-five cents per acre absolutely or conditionally contracted to be paid by the purchasers of any part of said sections which shall have been sold by the territory of Wisconsin shall be remitted to such purchasers, their representatives, or assigns.”’ At five o’clock the convention adjourned. EVENING SESSION The convention organized by choosing Moses M. Strong as president pro tem, the President being absent. The resolutions were still under consideration in committee _ of the whole, Mr. Judd in the chair. The question was on the motion of Mr. Baird to strike out the second resolution reported by the committee; which, after a long discussion in which Messrs. Baird, Brace, and some others advocated the striking out, and Messrs. W. R. Smith, Doty, and some others opposed it, the motion was carried. Mr. Doty proposed a substitute which was rejected. a 1846] THE CONSTITUTION OF 1846 487 At the close of the evening session the article and the reso- lutions as amended were reported back to the house.—Demo- crat, Nov. 21, 1846. CORPORATIONS OTHER THAN MUNICIPAL AND BANKING (Remarks of N. F. Hyer, in committee of the whole, November 18, 1846) Mr. Presipent: I understand that when this subject was re- ferred to the select committee, it was for the purpose of pro- viding in the article some provisions by which charters for in- ternal improvements might be passed by the legislature, with such provisions as would induce capitalists to engage in the business. This, sir, I understood from the gentleman from Racine (Mr. Ryan) who was subsequently appointed chairman of this select committee, but, sir, instead of reporting liberal provisions, as was proposed, we have reported back to us the same objectionable features contained in the original report of the standing committee. The fourth section reads as fol- lows: ‘