Wisconsin herald. [volume] (Lancaster, Wis.) 1846-1849, 1849-01-20


returning it with my objections to its appro-
val, at that session. ! objected TO the pas
sage of the bill, !Decause--first, the bill
/ provided that certdn auditors warrants at
4 Ter useseItation - the treasurer and non
payment, should bear interest at twelve
per cent, which would clearly render them
evidences of State debt, If they were not
surh without the interest feature. The
moment interest should begin. to run on
them, that moment they would become such
evidences, aud would therefore be unconsti-
tutiona. Secondly, the provisions OF tnat
I bill extended only to a certain class q the
public creditors, and not to all alike, It was
iherefo.e unequal and unjust in us opera
lion. And, thirdly, the principle OF allow
ing interest ON appropriations and warrants
( is not contemplated by the constitution, and
precedent will be established injurious and
impolitic.
The constitution requires that the legisia-
ture shall provide by direct taxation, if there
are no other sources Of revenue, for the pay
rnent Of the expenses of each year and all
deficiencies for preceding years. ii the leg
islature carries out this provision, there will
AZ all times be funds on hand TO meet the
current expenses Of the State, Good policy
and sound economy dictate this course, and
| trust that the representatives of the people
will adopt it.
respectfully call the attention of the leg
isIature to the fact, that ten bonds 81 one
thousand dollars each, are outstanding a.
gainst the State, unsatisfied, which were Is
sued and negotiated under the late Terrific
rial government of Wisconsin, to aid IN the
construction Of the Milwaukee and Rock
River Canal. recommend that the subject
OF these bonds be investigated and that
such provision be made for their payment
and discharge, as justice and good taitii
Kould dictate. and The true honor of the
State aud people demand. ! also urge that
the outstanding liabilities of tie State be
ascertaned as far as possible, and means
/ DO provided for their payment.
4 The act of the last session, entitled " An
act TO exempt from forced sale on final pro-
cess the property therein namcd," requires
some modification 10 make It's provisions
harnonize with progressing contracts, and
the former laws on this subject. This act
repeats all previous laws exemptIng any
personal property from forced sale on tiiial
process, and enacls a new one. As some
doubts exist as to the proper construction TO
be placed upon this act, recommend that
such modification of il be- made that the pro-
visions of the prior act may apply to con-
tracts then existing, aud that the present act
be- confined in its operation to contracts ell
tered into since its passage. Much unneces-
sary litigation might he avoided by such an
alterations and it will be within strict con-
stitutonal limits.
The act OF the legislature to exempt a
homestead from forced sale, took effect on
the first day of this month. Whether the
beneficial results that have been anticipated
viii follow from the practical operation of
this measure, remains yet to be proved
This subject is brought TO the attention of
the legislature ut this time with the view of
urging such change of its provisions ms
Twill correspond with the sentiments presen-
tod in my message in the sth of june last.
In roiteruting the opinions in that message
presented, would add, that in my opinion,
some limit in value should be given to the
homestead exemption, and should be conf
ned to persons with families depending up
on them for support. Such change of this
law will have tendency to make it u per-
imnnent provision, and will DO sustained by
public sentiment but without H. il Is feared
tho whele law will be repealed. Its previs-
: IONS can be extended IT experience shows
that it promotes the public welfare. ! trust
that thus humane provision will forever
renlnin on our statute hook. IL throws the
Imantlc of protection around the unfortunate
and shields them from unjust oppression,
lts tendency il to elevate the moral and So
ieial condition OF the people. would sng.
cest, as matters OF detail in carrying our
this measure, that the person wishing 10
laval himself uf &c, should make u selection
LOT his homestead, and have tho same descri-
bod aud appraised in u manner 10 be defined
by law; which selection, description, aud APP
Inraisa,. he should cause to be recorded in
lie Office OF the register Of deeds ia the
lproner county. These details would pre-
went fraud, and make definite what is now
uncertan,
Immediately upon the passage of the act
igtving the assent OF the State to the
grant Of land made hy Congress to aid in
the Improvement of the Fox and Wis
cunsin Rivers. steps were taken by me, rs
required by law, 20 locate the lands thus
granted. On the 29th day OF jane last,
being the day on which the aci Of the legis-
laturo was approved, addressed the general
government, notifying il of the assent of the
State to the act Of Congress, at the same
time informing il that | selected the alter
rate sections unsold M the limits of the grant
Numbered with odd numbers, and also re-
.questtng TO be furnished with diagram of
the grant, with other Information necessary
10 complete the locations "a which recai-
we'd no reply until tho 21th u Nuvvn,tscr
last la consequence OF this delay no ieea-
tons have been completed. The odd NAM
hered sections within the limits OF the grant,
and aasold, comprise about l2a,o0a acres.
These lauds have been selected, and the APP
'pgoval OF Ihe President OF the United States
Is only wanting to hiring them ioto market.
The residue OF this lands granted, canaot be
finally located without further action OF Con
grcSs, No efforts on the par, Of the eXeeu-
ave viii bc spared 20 secure speedy and
la,liciouS location OF all the lands, 50 that
they may be made available for the further