Chapter 13 cont. REPORT The committee on expenditures to whom was referred the communication of the Hon. William B. Conway, secretary of the territory of Iowa, dated Nov. 24, 1838, beg leave to make the following report: That in the discharge of the duty assigned them they find with much regret the report of the honorable secretary of our territory to the council, dated Nov. 24th, is of such a nature as to call forth a severe animadversion upon its tone and spirit.  The evident intention of that communication was not only to treat the resolution offered by Mr. Hughes and adopted by the council with irony and contempt but at the same time to convey the idea that articles asked for by the resolution were unnecessary and unimportant. The reason of the adoption of the resolution offered by Mr. Hughes is obvious to every member of the council but it may not be known to the community at large, that great pains were taken to prevent the merchants and citizens of Burlington from crediting the officers of the council and house of representatives of this territory for small articles necessary for their use, and the honorable secretary of the territory was understood to intimate that accounts made by the officers of the legislature would not be paid by him.  It therefore became necessary to ask by resolution the furnishing of small articles. On the arrival of the members of the legislature, in accordance with the proclamation of the governor, they found the house which they were to occupy (notwithstanding the great "peril" which the honorable experienced in returning from St. Louis "to provide for the comfort and convenience, the ease, elegance and dignity of the honorable legislative assembly") unfurnished and unprepared for their reception and the reason assigned by the honorable-secretary for this delay is that it "was the act of God, etc."  Your committee would not pretend to impute blame to the honorable secretary for the frustration of his great design by the Creator of the universe, whose powerful arm can arrest the progress of governors, secretaries and legislatures; yet your committee do think it somewhat surprising that the acts of God so far intervened as to prevent the officers of the council and house of representatives from getting upon the credit of the legislature a few tin cups and a bucket to drink out of, which articles as well as many others the honorable secretary on account of peril or some other cause unknown to your committee neglected to furnish. As the legislature was not supplied with many necessary articles of stationery and furniture they were left with no other alternative than to inform the honorable secretary of the territory of their wants, presuming that so far as he was able, he would comply with their request; nor do your committee believe that any resolution has passed the council during the present session in any disrespect to the honorable secretary or his office; nor could the council possibly imagine from their friendly intercourse with him heretofore that he would ever reply to a resolution of their body with such a communication as the committee now have under their consideration, and it is a source of much regret that the honorable secretary should have so far forgotten the dignity which he owned to himself, his officers and the representatives of the people as to attempt to ridicule their proceedings and make their acts the subject of merriment and derision.  The honorable secretary may rest assured that the present legislature will not tamely submit to the insults and derision of any officer of this territory and they at all times defind to the last their honest rights and the liberty of the people whom they have the honor to represent.                                                                          ROBERT RALSTON,                                                                       STEPH. HEMPSTEAD,                                                                               JEM. D. PAYNE. This report was adopted by the council and the affair known as the "penknife and tin-pan controversy," occasioned no small talk until the 27th of December, when it was ended as the following printed proceedings show: The president submitted the following communication from the secretary of the territory:        SECRETARY'S OFFICE, TERRITORY OF IOWA, DEC. 27, 1838 To the Honorable the Legislative Council: GENTLEMEN:  In compliance with the friendly suggestions of his honor, Judge Wilson, who kindly consents to be the bearer of this note, I hereby inform the honorable body that I am willing to withdraw my communication to that body of the 24th of last November provided the report of the committee on expenditures together with the subsequent proceedings of the council in reference to said communication be consequently withdrawn, which I have been informally advised, the council are disposed to do.  And if so, I am prepared to renew my relations with the council, official and personal, as they existed prior to the 24th of last November. If, however, there be any misapprehension as regard the disposition of the council toward the secretary of the territory this note will be immediately returned to me by the honorable gentleman to whom it has been intrusted. Very respectfully, your obedient servant,                                                                                                WILLIAM B. CONWAY,                                     Secretary of the Territory. Whereupon Mr. Payne offered the following: Resolved, that the secretary be allowed to withdraw his communication of the 24th of November, and that the proceedings of the council in relation thereto be also withdrawn. These controversies growing out of a conflict of jurisdiction between coordinate branches of the government were never thoroughly healed. The legislature attempted to override the functions of the governor and secretary and did many follish things and we present the following as one of them: Resolved, by the council and house of representatives of the territory of Iowa that the postmaster of Davenport, Scott county, Iowa, be and he is hereby authorized to have the mail from Davenport to Dubuque conveyed in two-hourse post coaches during the present session of the legislative assembly. Here is the doctrine of "state (or territorial) sovereignty" first asserted for young Iowa, it having before been supposed that congress regulated the mails. Debbie Clough G-erischer G-erischer Family Web Site http://gerischer.rootsweb.com/ Assistant CC, Iowa Gen Web, Scott County http://www.celticcousins.net/scott/ List Manager for: IASCOTT-L * G-erischer-L * D-encker-L Fitzpatirck-L * V-lerebome-L * Huntington-L * Otis-L * Algar-L EIGS-L * Pickens-L * McNab-L * Patris-L - Rankin-L