Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1843-02-07

Governor Doty has issued proclamation, call!
ing upon the Legislature to meet at Madison on the
9th of March next. The propriety as well as the
strict legality of this procedure the part of the
Governor remains to be canyassed. Aside from the
stubborness of Doty in refusing to meet the Legis
lature mt any time, accommodating the wishes or
convenience of the members, there are other mat
tiers connected with this affair entitled consider
ton.
In the first place legislative enactment made
in pursuance of the organic law of the Territory
fixes the first Monday Of December in each year.
for the meeting and organizing of the Legislature.
The Legislature did meet and organize on the day
prescribed by law, but the Governor insists that
the session was Illegal. Now the question arises
has the Governor power under tho organic act, TO
call SPECIAL session of the Legislature at subse-
quent PERIOD provided the Legislature has not pre-
viously been legally organized. Does not the term
Especial session - have reference to a body which
has already been legally constituted and organ
lied? If so, can the Governor meet the Legs-
latore in March next in a special session, without
acknowledging that the Legislature has been pre-
viously legally organized?
1t will perhaps be said in reply to these nterro-
eatories that Congress has on mere than one occa-
sion held special session, before having met in
regular session at the time prescribed by law. This
however does not meet the express provisions
exist for holding special sessions of Congress in the
case. referred to, but no express provisions exist
under the organic act for holding special session
of the Territorial Legislature, where that body has
l.
Again 1t will be said that by law passed at the
last session OF Congress, the holding Of legislative
session is prohibited in the Territory, until an APP
preparation is made to defray its expenses. Now it
may be Justly asked, does this law change the re-
lations which formerly existed between the United
States and the Terrtories7 The Government of
the United States was bound bya solemn compact,
long before the passage of this law, to provide the
means annually for paying the expenses of Legis-
lative session in Wisconsin: these means agreeable
to the spirit of the compact, were to be provided
before the first Monday in December in each year.
In the eleventh section of the organic act is the fol-
lowing cause--" and thee shall also be appropr-
ated annually, sufficient sum, to be expended by
the Secretary of the Territory, and upon an est
mate to be made by the Secretary Of the Treasury Of
the United States, to defray the expenses of the
Legislative Assembly, the printing of the Laws, and
other incidental expenses" &c. In the foregoing
clause there is express agreement, that the ap-
preparations shall be made annually in advance OF
the sessions. If otherwise, what meaning can be
attached TO the words, ''upon estimate to be
made by the Secretary Of the Treasury If made
for a session already past, they would not
be made upon estimate, but upon bills and vouch
ers presented.
We throw out the foregoing remarks merely 10
show that the holding of special session in March
next, may possibly be attended with embarrass-
ments and difficulties, provided the position
ed by the Governor with regard to the legality Of
| the session in December last, is correct.