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Mr. Speaker-I am directed to inform the House of Representatives, that the rules and regulations for the government of the territorial library have been adopted by the Council, with the accompanying amendments:
Strike out the whole of the 7th rule.
Strike out in the 8th rule, the words, including the employ. ment of an assistant.”.
Change the number of the 8th rule to 7th.
I am also directed to present “a memorial for the construction of a harbour at the mouth of Milwaukee river;" also, “a memorial for the improvement of the Des Moines and Rock river rapids, in the Mississippi river;" and "a memorial for the construction of a road from the mouth of Milwaukee river to Madison, Mineral Point, by way of the town of Mississippi, to Dubuque;" all of which have been passed by the Council, and request the concurrence of the House therein. And then he withdrew.
On motion of Mr. Brunson, Resolved, that another member be added to the select comimittee, to which was referred so much of the Governor's message as relates to the apportionment of members of the House of Representatives in the next Legislative Assembly, in order that the county of Crawford be represented therein. .
The Speaker appointed Mr. Brunson a member of the said committee.
On motion of Mr. Parkinson, Resolved, That the petition of John Loofborrow and others be now taken up and referred to the committee on schools, with instructions to report as soon as convenient.
Mr. Sheldon, chairman of the Committee on the Militia, by leave, introduced the following bill (see bill No. 4,) entitled “ A Bill relating to the Militia and public defence of the Territory of Wisconsin:"_which was read a first time and laid on the table.
Mr. Engle, from the Judiciary Committee to which was referred the petition of Isaac Hendershot, praying the passage of an act of the Legislative Assembly authorizing a change of venue from the county of Van Buren to the county of Dubuque, or some other county out of the second Judicial District, in the case of the United States against the said Isaac Hendershot, who is charged with killing one Nathaniel Knapp in the said county of Van Buren, beg leave to make the following Report: .
That the Committee are fully sensible of the propriety of granting every facility for a change of venue where a party is at all liable, from popular excitement or prejudice, to the danger of not being able to have a fair and impartial trial in the county where an offence is charged to have been committed. The Committee are, however, of opinion that the law has already provided a sufficient safe-guard in this respect.
By the tenth section of the act of the Legislative Council of Michigan (in force in this territory) entitled “ An act relative to the Supreme and Circuit Court of this Territory," it is provided that the Circuit Court, upon good cause shown, shall have power to change the venue in any case depending therein, and direct the issue to be tried in any county other than the county in which the suit was commenced.” By the act of Congress organizing this territory, the powers and jurisdiction of the Circuit Court were transferred to the District Courts established under that act, and there seems to the committee that full power is vested in the District Judge of the second judicial district, to comply with the request of the Pétitioner, upon good cause being shown.
The Committee have not been apprized of any circumstance connected with this case requiring special legislation, and therefore report the following resolution:
Resolved, that the committee on the judiciary be discharged from the further consideration of the subject referred to them by the House on the petition of Isaac Hendershot.
The report and the resolution were agreed to. Mr. M‘Gregor, by leave, introduced the following bill (No. 5,) entitled “ An Act to define the extent of possession in cases of settlement on the public lands, and to define the amount of improvement requisite to constitute a settlement.”
The bill was read the first time, and laid on the table. . On motion of Mr. Sheldon,
The resolution to appoint a committee to investigate the doings and present situation of the Miners' Bank of Dubuque, introduced by him, and made the order of the day, was taken up and considered.
Mr. Sholes moved the following amendment:-Strike out all after the word “ Resolved,” and insert “ If the Council concur, That the different banks now in operation in this Territory, be required by their officers, under oath or affirmation, to make and transmit to the Legislative Assembly, at its present session, full, fair, and explicit statements of their condition; stating the amount of deposites; the profits on hand; the amount of bills in circulation; the amount of debts due from all other persons or corporations, (not, however, naming them ;) the amount of specie in Bank; the amount of all bills of other Banks; the manner of their discounts: the amount of their stock in other Banks; the amount of real estate, and other property not herein specified; together with the amount of capital actually paid in.”
The amendment was agreed to, and the resolution, as amend. ed, passed.
Mr. Sholes gave notice, that he should, at a future day, by leave, introduce a bill concerning costs and fees.
On motion of Mr. Engle, The amendments to the joint rules for the regulation of the Territorial Library, sent from the Council, were taken up, and severally disagreed to.
Ordered, That the Council be informed.
The following message was received from the Council by the Secretary:
“ Mr. Speaker-I am directed to present a joint resolution relative to the publication of the laws passed at this session of the Legislative Assembly, which has passed the Council, and to request the concurrence of the House therein. And then he withdrew. The House adjourned.
Thursday, November 16, 1837.
Mr. Parkinson presented the petition of A. W. Floyd for diyorce.
Referred to a select committee, consisting of Messrs. Parkinson, Quigley, Box, Brunet, and Childs.
Mr. Box presented the petition of inhabitants of Des Moines, Henry, and Van Buren counties, praying for the construction of a Territorial road from Burlington to Rochester.
Referred to the committee on Roads and Highways.
Mr. Teas presented petitions of inhabitants of Van Buren county, praying for the incorporation of an Hydraulic Company, at the great bend of the Des Moines River,
Referred to the committee on Corporations.
Resolved, That the committee on schools inquire into the expediency of memorializing Congress to donate the sum of eight hundred dollars to each township in this territory, west of the Mississippi river, in lieu of the sixteenth section. The resolution was disagreed to.
On motion of Mr. Jenkins, The-vote on the resolution offered by Mr. Sheldon, on yesterday, on the subject of investigating the doings of the Miner's Bank, and the amendment offered by Mr. Sholes thereto, adopted by the House, was reconsidered.
The original resolution and amendment were then read, and the question recurred on agreeing to the amendment, and the question being taken, the amendment was disagreed to.
Mr. Engle offered the following as a substitute to the said resolution:
Resolved, That there be appointed a committee of five to inquire into the actual condition of the different Banks, having charters of incorporation in this territory; that said committee be required to inquire by oath or affirmation of the respective officers, or otherwise, into such facts as may enable the said committee to make to the Legislative Assembly, at its present session, full, fair, and explicit statements of their condition: stating the amount of capital paid in; the amount of deposites; the profits on hand; the amount of bills in circulation, and the character thereof, whether purporting to be payable on demand or otherwise; the amount of debts due from all other persons or corporations; the amount of specie in bank; the amount of all bills of other banks; the kind of funds with which discounts have been made; the amount of their stock in other banks; the amount of real estate, and other property not herein specified ; together with such other facts as may tend to show whether the said corporations have complied with the requisitions of their charters, or not; and that said committee be empowered to send for persons and papers. The substitute was accepted by Mr. Sheldon.
Mr. Teas offered the following amendment:-add, “And that said committee, should they deem it necessary, shall, and they are hereby required to visit in person said banks.”
Which amendment was also accepted. Mr. Durkee moved to insert after the word “ officers,” the words, “or any other persons,” which was agreed to.
Mr. Smith moved to strike out the word “five,” and insert the word “three,” which amendment was accepted, making the resolution read," that there be appointed a committee of three,” &c.
The question was then taken on the adoption of the resolution as amended, and it passed in the affirmative.
Messrs. Sheldon, Engle, and Sholes, were appointed the committee.
On motion of Mr. Engle, . Resolved, That the Executive of this territory be requested to furnish this House with a copy of any correspondence he may have had with the Executive of the state of Missouri, upon the subject of the boundary line between that state and this territory; and also with a copy of the correspondence upon the same subject, between him and the President of the United States, as far as he may deem the communication of the same compatible with public interest