Wisconsin tribune. (Mineral Point, Wis.) 1847-1854, 1849-01-19

steps urged to be taken as will accompls 81 this
object
l respectfully direct your attention to the views
expressed in my first message to the legslatuse on
the subject of the revision of the militia laws, and
recommend its organization upon the basis in that
message stated. a complete organization and en-
rollment of the militia for the purpose of
tanning its numerical strength is necessary in
der that the state may draw its Just quota of
from the general government
The legislature at its last session, by resolution
directed the executive to open correspondence
with persons in different sections of the state, for
the purpose of elcitng information as TO the most
eligible point at witch to establish penltentlary.
| have to inform you that this duty has been per-
formed by the executive, and the communications
received on the subject submitted for your in
formation. Your particular attention is directed
to the interesting communication of |. A. Lapham,
Esq. and H. Barber, Esq submitted in connection
with this subject. Their views the subjects
discussed entitled to careful Investigation. /
again urge upon the legislature the propriety of
taking the initiatory steps for the erection of
state prison, and refer you to the sentiments Civ
en- in my former message this subject. The
manner in which the sentences of the criminal
law enforced at the present time is calculated
to bring it into dsrepute is expensive to the state
and detrimental to the prisoner. IN some cases
state prisoners are permitted to go at large with
out restraint; and in other cases they strictly
confined IN unwhoesome prison rooms, which
makes the enforcement of this law operate une-
quail on the class of offenders and the result
from this state of things is the frequent application
for the exercise of the executive cemency As
the most suitable mode OF commencing the estab-
lishnent of such institution, / suggest the APP
pointment of commissioners, whose experience in
the construction of prisons, and prison discipline
can be relied upon, to examine the different locali
ties of the State and select suitable point for the
II,
be designated where the labor ofthe convicts would
come least in competition with the industry of the
country Power should be given them to procure
a draft of plan of the prison and its grounds,
subject however to the approval of the legislature
For this object and for procuring the materials Of
the commencement of It's erection, | recommend
that the ways and means be provided at this ses-
sion The executive pardon has been extended
Internationally to three different convicts since
the organization of the state which will be made
the subject of a future communication to the le-
gislature.
| again invite your attention to the punishment
of the lme of murder and recommend that the
views contained in my last message on this sub
Ject be carried out by legislative enactment
Sound reason and natural justice direct that dis
elimination should be made in the punishment of
this offence according TO the degree OF moral gu
displayed IN the commission Of the crime such
a modification of the law will subserve the best
interests Of society and humanity. and viii secure
a more certain enforcement of the cri ninal code
The commissioners appointed to revise the
statute laws Of the state learn have been active
ly engaged IN the discharge of the duties imposed
upon them. and viii report to you such portion of
their labors they have perfected. From the
limited time that has elapsed siace their appoint
ment, 1t is not expected that they will be able to
complete their revision during this session They
will be prepared to submit, at an early period,
bills revising the laws relating to town and county
government, taxation and the financial system of
the state. l recommend your early &C ion upon
these subjects. that the laws relating to them
may be uniform recognized by the constitution
Early action in this respect is rendered necessary
that the laws may be published and circulated
among the people before they called upon to
carry them into execution and this is the more
necessary in many parts of the state as the town
and county government will be new, and only a
short time elapses prior TO the next town election
For further reasons in support of the imperious
necessity and justice of establishing by law such
uniformity, would refer to my first message
Attention is called to the manner of keeping the
books in the auditors and treasurers Office. A
plan easy, simple and comprehensive should be
established by law, and on the principle of double
entry Reference is made to it to elicit investiga-
ton.
The secretary of state not being required to re-
port to the executive, cannot officially inform you
of the revenue and finances of the state. The re
port of this officer will place the subject fully be-
fore you. | respectfully recommend that ample
provision be made by direct taxation TO discharge
all the liabilities against the state, and sufficient
to anticipate the ordinary expenses of the govern
ment for this and the Succeeding year. as they
shall accrue, that the public faith may at all times
be sustained. The treasury should always be sup
Piled with funds to meet its wants as they occur
and the only way to do this is to provide the
means In advance, and in the absence of other
sources of revenue this must be by direct taxation
The power of the legislature to issue any eyiden-
of state debt is restricted by the ninth section
of article eight of the constitution except for such
Ge5ts are authorized to be contracted in the
sixth and seventh section of the same article
From this section it is clear that the issue by the
authority of law. of any script auditors or other
warrants, is prohibited, and that the act OF the
legislature itself should be the only warrant and
au .hority upon which money should be drawn
from the state treasury. In fact. the law appro-
priating the money is the highest warrant that
can be drawn, and the receipt of the person to
whom the appropriation is made is the best evil
dence of its payment With this method of draw
ing money from the treasury, the objection of
double issues or forged warrants is removed and
the law itself becomes an uniailing check upon
the paying officer.
Doubts being entertained by the legislature at
ITS last session, whether auditors warrants came
within the restrictive clause of the constitution
referred to, provision was made by law that no
money should be drawn from the state treasury
except on the Wal ant O the secretary of stare
Participating In these doubts, the executive sane
ton was yielded to those laws directing the issue
OF such warrants Subsequent reflection. however
has convinced me that these laws are in contra
venton ofthe constitutions and that every warrant
or other paper issued by one officer of the state
to another, for the payment Of money, is and there
by becomes an evidence of state debt and = tho