Executive Department, October 18, 1847
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Fellow Citizens of the Council and House of Representatives:
In accordance with the laws of the territory I have deemed it my duty to convene a special session of the Legislative Assembly, to enable the representatives of the people to take such action in the early organization of a state government as will meet the wants and wishes of their constituents.
At the last census of the inhabitants of the territory her population was one hundred and fifty-five thousand; and from the increased immigration since that period her present population may now be estimated to exceed two hundred thousand.
By the official returns made to the office of the secretary of the territory of the votes given "for and against state government" it appears that a large majority of the people are in favor of a state government. The preparatory steps, it would seem, can be taken for the election of a convention to form a constitution and submitting it to the people of the territory, as well as to the Congress of the United States at their next session, in time for the admission of Wisconsin as an independent state of this Union, as the next is the commencement of a new Congress and a long session of that body. In that event the state of Wisconsin will give her electoral vote at the next presidential election in 1848.
The admission of Wisconsin as a state will promote the best interests of her people; they will have a representation in both houses of Congress; they will participate in all the advantages of a government created by themselves, founded on the equal rights of all, and when the expressed voice of the people will be the supreme law of the state. The donation of five hundred thousand acres of land, to which the future state of Wisconsin will be entitled under the provisions of an act of Congress entitled "An Act to appropriate the proceeds of the sale of the public lands, and to grant preemption rights," approved September 4, 1841, will be greatly lessened in value before Wisconsin becomes a state, as the choice lands have already been sold, and the refuse lands will remain, from which the selection will be made, unless they are located north of the Wisconsin River.
From Madison Wisconsin Argus, October 19, 1847
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To All to Whom These Presents Shall Come, Greeting:
WHEREAS, The people of the territory of Wisconsin did on the 5 [1st] day of February, A.D. 1848, by a convention of their delegates, assembled at Madison, the seat of government, form a constitution for a state government, which by the fourteenth article of said constitution was submitted to the qualified electors of said territory for their acceptance or rejection; and
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WHEREAS, The said electors did meet at their respective county seats and election precincts on the 14th [13th] day of March last, and did then cast their votes for or against the adoption of said constitution; now, therefore,
BE IT KNOWN, That from the official returns of said election as made to the executive department, it appears that the whole number of votes cast on the question of the constitution was twenty-two thousand five hundred and ninety-one, and that the majority was ten thousand two hundred and forty-three votes in favor of the adoption of said constitution.
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Seal of the territory to be affixed, at Madison this tenth day of April, in the year of our Lord one thousand eight hundred and forty-eight.
HENRY DODGE
From Madison Wisconsin Argus, April 11, 1848.
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WHEREAS the people of the territory of Wisconsin did on the first day of February, eighteen hundred and forty-eight, by a convention of delegates called and assembly for the purpose, form for themselves a constitution and state government, which said constitution is republican, and said convention having asked the admission of said territory into the Union as a state on an equal footing with the original states:
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the state of Wisconsin be, and is hereby, admitted to be one of the United States of America, and is hereby, admitted into the Union on an equal footing with the original states in all respects whatever, with the boundaries prescribed by the act of Congress, approved August sixth, eighteen hundred and forty-six, 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."
Section 2. And be it further enacted, That the assent of Congress is hereby given to the first, second, fourth, and fifth resolutions adopted by said convention and appended to said constitution; and the acts of Congress referred to in the said resolutions are hereby amended so that the lands granted by the provisions of the several acts referred to in the said first and fourth resolutions, and the proceeds of said lands, and the five per centum of the net proceeds of the public lands therein mentioned shall be held and disposed of by said state in the manner and for the purposes recommended by said convention, and so that, also, the lands reserved to the United States by the provisions of the act entitled, "An Act to grant a quantity of land to aid in the improvement of the Fox and Wisconsin rivers, and to connect the same by a canal in the Territory of Wisconsin," and, also, the even-numbered sections reserved by the provisions of the act entitled, "An Act to grant a quantity of land to the territory of Wisconsin for the purpose of aiding in opening a canal to connect the waters of Lake Michigan with those of Rock River," shall be offered for sale at the same minimum price and subject to the same rights of preemption as other public lands of the United States: Provided, however, That no person shall be entitled to a preemption by reason of the settlement and cultivation of any quarter section or other subdivision of said even-numbered sections, which tract, before the commencement of such settlement, shall have been claimed by any other person cultivating and improving the same in good faith, and which shall have continued to be claimed, cultivated, and improved in like good faith by such person, his representatives or assigns, until the sale of said tract, and of which said prior claim, cultivation, and improvement, the personal claiming preemption shall have had notice at the time of his entry and settlement; neither shall any preemption be allowed to any tract, to the injury of any person, or of the representatives or assigns of any person claiming and occupying the same or any part thereof in good faith, in his or her right, at the passage of this act, and owning valuable cultivation or improvements thereon, which cultivation or improvement shall have been assigned by the person so claiming preemption, or, if commenced subsequently to the entry and settlement of such person, shall have been made with his consent or acquiescence; and Provided, further, That the liabilities incurred by the territorial government of Wisconsin, under the act entitled "An Act to grant a quantity of land to the territory of Wisconsin for the purpose of aiding in opening a canal to connect the waters of Lake Michigan with those of Rock River," hereinbefore referred to, shall be paid and discharged by the state of Wisconsin.
Section 3, And be it further enacted, That the purchasers of any tract of the said even-numbered sections mentioned in the preceding section, and sold since the reservation thereof at the minimum price of $2.50 per acre, shall be entitled to receive from the commissioner of the General Land Office a certificate of the quantity of land so purchased, and of the amount of the excess paid therefor over and above the value of said land, at the rate of $1.25 per acre; which certificate, to the amount of such excess, shall be receivable from the holder thereof, or his assigns, in like manner as so much money in payment of the public lands of the United States. That, in the event of the death of any such purchaser before the issuing of such certificate, the same shall be issued in favor of the lawful representatives of such purchaser.
Section 4. And be it further enacted, That the judge of the district court for the district of Wisconsin shall hold a term of said court in each year at the seat of government, to commence on the first Monday of July, and another term of said court in each year at Milwaukee, to commence on the first Monday of January. He shall also have power to hold special terms for the trial of causes and for the determination of all suits or proceedings in said courts, at either of the aforesaid places, at his discretion, as the nature and amount of the business may require. The said court shall be open at all times for the purpose of hearing and deciding cases of admiralty and maritime jurisdiction, so far as the same can be done without a jury. The records and papers of said court may be kept at either of the places herein designated for the holding of said court, as the judge in his discretion shall direct.
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Section 5.
And be it further enacted, That the clerks of the district courts of the territory of Wisconsin shall be fore their term of office expires certify, under the seal, and transmit to the clerk of said courts all records of all unsatisfied judgments and of suits pending in said courts, respectively attaching thereto all papers connected therewith, in all cases arising under the laws or Constitution of the United States, or to which the United States shall be a party; and they shall forward the same to the clerk of said district court of the state of Wisconsin, who shall enter the same in his docket; and the said district court shall proceed therein to final judgment and execution, as if such suits or proceedings had originally been brought in said court.
Section 6. And be it further enacted, That the clerk of the supreme court of the territory of Wisconsin shall deliver over to the clerks of said district court all records and papers in the office of the clerk of the said supreme court relating to proceedings in bankruptcy under the late bankrupt law of the United States. He shall also certify, under seal, and deliver to said clerk all records of judgments and of proceedings in suits pending, and all papers connected therewith, in cases arising under the Constitution and laws of the Untied States.
Section 7. And be it further enacted, That from and after the fourth day of march, eighteen hundred and forty-nine, and until another census and apportionment shall be made, the state of Wisconsin shall be entitled to three representatives in the Congress of the United States.
Approved, May 29, 1848
PRESIDENT JAMES POLK
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Representative Ladwig moved that the Assembly resolve itself into a Committee of the Whole.
The question was: Shall the Assembly resolve itself into a Committee of the Whole?
Motion carried.
2:35 P.M.
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Representative Ladwig asked unanimous consent that Representative Freese be designated to chair the Committee of the Whole. Granted.
Representative Freese in the chair.
Representative Ziegelbauer moved that Senate Joint Resolution 22 be recommended for concurrence by the Committee of the Whole.
Representative Ziegelbauer read the resolution.
Senate Joint Resolution 22
Relating to: naming a Seawolf submarine the "Manitowoc".
The question was: Shall Senate Joint Resolution 22 be recommended for concurrence by the Committee of the Whole?
Motion carried.
Representative Harsdorf moved that Assembly Joint Resolution 91 be recommended for adoption by the Committee of the Whole.
Representative Harsdorf read the resolution.
Assembly Joint Resolution 91
Relating to: significant Wisconsin persons.
The question was: Shall Assembly Joint Resolution 91 be recommended for adoption by the Committee of the Whole?
Motion carried.
Representative Potter moved that Assembly Joint Resolution 94 be recommended for adoption by the Committee of the Whole.
Representative Potter read the resolution.
Assembly Joint Resolution 94
Relating to: Wisconsin women's accomplishments and significant Wisconsin events.
The question was: Shall Assembly Joint Resolution 94 be recommended for adoption by the Committee of the Whole?
Motion carried.
Representative Jeskewitz moved that Assembly Joint Resolution 92 be recommended for adoption by the Committee of the Whole.
Representative Jeskewitz read the resolution.
Assembly Joint Resolution 92
Relating to: Wisconsin firsts.
The question was: Shall Assembly Joint Resolution 92 be recommended for adoption by the Committee of the Whole?
Motion carried.
Representative Reynolds moved that Assembly Joint Resolution 90 be recommended for adoption by the Committee of the Whole.
Representative Reynolds read the resolution.
Assembly Joint Resolution 90
Relating to: honoring Wisconsin Indian tribes.
The question was: Shall Assembly Joint Resolution 90 be recommended for adoption by the Committee of the Whole?
Motion carried.
Representative Brandemuehl moved that Assembly Joint Resolution 89 be recommended for adoption by the Committee of the Whole.
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Representative Brandemuehl read the resolution.
Assembly Joint Resolution 89
Relating to: honoring Wisconsin veterans.
The question was: Shall Assembly Joint Resolution 89 be recommended for adoption by the Committee of the Whole?
Motion carried.
Representative Albers asked unanimous consent that the Assembly adjourn in honor of 144 members of the 115th Fighter Wing Unit from Wisconsin, who returned home to their families after spending one month participating in "Operation Southern Watch" in Kuwait - patrolling the southern "No-Fly Zone" in Iraq. Granted.
Representative Robson moved that Senate Joint Resolution 30 be recommended for concurrence by the Committee of the Whole.
Representative Robson read the resolution.
Senate Joint Resolution 30
Relating to: proclaiming Statehood Day Weekend.
The question was: Shall Senate Joint Resolution 30 be recommended for concurrence by the Committee of the Whole?
Motion carried.
Representative Ourada moved that Assembly Joint Resolution 93 be recommended for adoption by the Committee of the Whole.
Representative Ourada read the resolution.
