Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1843-02-14
THE LEGISLATURE.


The Legislature, we understand, adj
| journed on Monday last, to meet on the 9th
of March next. Although there was a
quorum in both Houses, yet owing to the
| unwilingness Of the Governor to meet the
| Legislature only at such time as might
suit his caprice, it was deemed advisable to
adjourn, inasmuch as tho refusal Of the
| Governor to cooperate would render the
transaction Of business embarrassing. Gov
roty IL refusing to meet the Legislature
at their last meeting, could have been ac~
tuated by no other motive than wish TO
make the members conform to his own ar
| rogant notions, regardless of propriety or
general convenience. Allowing the posi-
ton assumed by Doty to be correct that no
session Of the Leg satnre could be held,
until an appropriation was made by Con-
gress to defray the expenses of the session,
he could not according to his own logic
have denied the legality Of the meeting,
after he had received official infor nation
that such appropriation had been made.
The only possible loop hole, which his
Excellency now has, is to deny the exis-,
tence Of legislative body in Wisconsin,,
and create Legislative body by proclama-
ton. What wonderful creative fiat his
excellency possesses What power does
he expect TO confer upon the legislature
by proclamation? Has the legislature no
existence as legislative body, only at such
times as the governor is pleased to desig
nate! Does the governor expect TO invest
the members with legislative powers by
proclamation? On this point we cannot
express the matter more clearly than by
taking the following extract from the Mad
ison Express:
"lt is true the governor contends that
the members elect do not constitute leg
islative body, and cannot until convened
by his proclamation. The reason for as
Stunning this position is obvious, for if he
recognizes the existence of a legislature,
he must recognize in it power to 1egis7ate,
for Legislature witheut power to legslate,
is like living man without power
to breathe. But if there is no legisIa-
ture in existence, what is he to con-
vene by his proclamation. He appoints
q special session of legislature which he
says does not exist, when by his own show
ing he is only authorized to call a special
session of legislature which is already in
existence.
Again. The governor refers to the law
of the Territory for his authority to cap
point special session Of the Legislature''
while in another phase of the question he
contends stoutly that this same law. being
only law of the Territory, has been re-
pealed by the paramount law Of Congress,
approved August 10Th. This law of the
Territory being the same law which pro-
vides that the Legislature shall commence
It's annual session on the first Monday Of
December, it follows of course that if the
Legislature could not commence It's session
at that time, the Governor could not call
it together at any other time. His Excel
lency is certainly attempting to lift himself
up by his boot-straps, or what is not much
better is 6 sitting in wheel-barrow trying
to wheel himself"
The Legislature will meet on the 9th Of
March, pursuant to adjournment-not as a
body created with legislative functions by
the proclamation Of the governor, but as a
body having existence in legislative ca
pacity before that period, regardless of the
freaks and caprices of his excellencv By
pursuing this course, the acts of the legis-
lature may be rendered legal; but should
the Legislature repudate former proceed
ing, and grant the position assumed by the
governor, that they are constituted legal
body by proclamation, then their acts will
be of questionable legality. For the power
of the governor to call special session of
a legislative body which had no previous
existence, is a position which some per-
sons may affirm for political effect, but
which it will be found difficult to maintain
from law or rea son. These are the views
which are taken of this question, by gen.
tlcmen Of legal attainments, of both politi-
cal parties in different portions Of the Ter
ritory.
BOmbast Extra The following ina
ginative flight appears in the Wiskonsan
Enquirer. Whether the Gov. or his man