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duced by Mr. Engle, be now taken up, and that both petitions be referred to a select committee, to be appointed from the delegations of Dubuque and Des Moines.
The House decided to take up the said petition.
The question was then taken on Mr. Teas' motion to refer to a select committee, and agreed to.
Messrs. Engle, M‘Gregor, Teas, Reynolds, and Box, were appointed the committee.
The following message was received from the Council, by the Secretary.
“Mr. Speaker, I am directed to present the following resolution for the concurrence of this House, which has passed the Council:
66 • Resolved, If the House of Representatives concur, That a joint committee be appointed by this House, to consist of five members, to take into consideration the propriety or expediency of reporting a system of county township government for this Territory, as soon as practicable: and to inform you that Messrs. Arndt, Knapp, M-Craney, Smith, and Terry have been appointed the committee on the part of the Council.'
“I am, also, directed to inform you that the Council have receded from all their amendments to the rules and regulations of the Wisconsin Library, and have concurred with the House in the adoption of the same.”
And then he withdrew.
Mr. Blair presented the petition of inhabitants of Des Moines and Louisa counties, praying for a new county to be set off from the said counties.
Referred to the committee to consist of the Des Moines delegation.
Mr. M Gregor, from the select committee to whom was referred the subject of “ imprisonment for debt,” by leave, reported a bill, No. 18, entitled " A bill to abolish imprisonment for debt, and for other purposes,” which was read the first time, and laid n the table.
Mr. Teas, by leave, introduced the following bill, No. 19, entitled “ A bill to provide for the assessment and collection of county taxes,” which was read the first time, and laid on the table.
Mr. Childs moved to commit the bill to the Judiciary Committee.
Mr. Cox moved to amend the motion by striking out the “Judiciary Committee,” and inserting “ select committee.”
The amendment was accepted, and it was referred to Messrs. Cox, Childs, and MʻGregor.
Mr. Quigley, from the committee on schools, to whom was referred the memorial of John Loof borrow, John G. Hulet, and James M'Gee, praying the right of preference to the occupancy of the north-west quarter of section 16, in township 4, north range, 3 east, and praying this body may pass a law granting to them such preference, made report: That according to an act of Congress passed as early as 1804, for dividing the territory north-west of the Ohio, and east of the river Mississippi into three land districts, and providing for the survey and sale of said territory, and reserving from sale the sixteenth section for school purposes. That act, however, nowhere gives to the legislative body of that territory any authority to legislate upon, or in any wise lease or dispose of the sixteenth section, or any other portion of the public lands; and the act creating the territory of Michigan, provides that it shall be governed in all respects according to the provisions of the aforesaid act, subject to all the restrictions and reservations therein mentioned.
And further, your committee is of opinion that the sixth section of the organic act prohibits the Legislature of this territory from interfering in any way with the primary disposal of the soil. Your committee would, however, respectfully suggest to your honourable body that, as the sixteenth section in the aforesaid district has been reserved for sale for the use of schools, and that it has always been the practice of the general government to give to the states and territories the right to every sixteenth section within their limits, for the benefit of common schools, it is therefore the opinion of your committee, that wherever the sixteenth section has been reserved for the’use of schools, the same should
be protected from trespass and waste. Your committee would, therefore, submit the following resolution:
Resolved, That the several district courts within this territory, shall, at each and every term of their respective courts, give in charge to the grand jury of each and every county in which school lands are reserved, requiring them to present all trespassers on the sixteenth section that may come within their knowledge, that they may be proceeded against according to the laws of the United States.
The report of the committee was agreed to, and the resolution was passed.
On motion of Mr. Box, the following preamble and resolution were called up:
Inasmuch as there has been great dissatisfaction manifested by the people of the west side of the Mississippi river, concerning the territorial road that was created by the last session of the Legislature of this territory, therefore be it
Resolved, That a territorial road be laid out, commencing on the north bank of the Des Moines river, on the line dividing the state of Missouri and this territory, opposite to St. Francisville; thence on the nearest and best route to Dubuque; thence on the nearest and best route to Cassville; thence on the nearest and best route to the seat of government of this territory; and that the committee on internal improvements be instructed to memorialize Congress, asking for a sufficient sum of money to lay out and build said road.
Mr. Chance moveď to lay the preamble and resolution on the table until the first of March next.
Mr. M'Gregor offered the following amendment to the resolution :-“ Starting at the most proper point on the Des Moines river, thence the nearest and best route to the Mississippi, opposite Prairie du Chien."
The Speaker decided the amendment to be in order, as it might render the resolution less objectionable to the House.
The question was then taken on the amendment, and it was lost.
The question was then taken on the motion to lay on the table, and it was lost.
The question then recurred upon the adoption of the resolution, and passed in the negative.
The ayes and noes being called for, were as follows: Ayes-Messrs. Blair, Box, Cox, Jenkins, M.Knight, Parkinson, and Shanley,—7.
Nays-Messrs. Boyls, Brunson, Brunet, Childs, Chance, Durkee, M'Gregor, M Williams, Nowlin, Quigley, Reynolds, Smith, Teas, Wheeler, Leffler, speaker,–15.
The following resolutions, being the special order of the day, were now considered:
Resolved, That this House occupy five days in each week of the present session with business of a general and public nature, and one day in each week with private business.
Resolved, By the Council and House of Representatives, (the Council concurring herein,) That both Houses meet in the representative Hall, on some future day, for the purpose of choosing by joint ballot three suitable persons, to digest such laws as may be enacted, and report them, together with a perfect codé, to the next annual session of the Legislature. The amendment offered by Mr. Durkee, on yesterday, was first considered, viz:
“That the commissioners be required to report the progress they shall have made to the next session of the Legislature.”
Mr. Quigley offered the following resolution as a substitute;
Resolved, That the judges of the Supreme Court of this Territory will at each and every session of the Legislature of Wisconsin Territory, recommend such laws and such amendment of the laws, as they or a majority of them may think fit and proper for the government of the good people of this Territory.
The question was taken on the adoption of the substitute, and decided in the negative.
Mr. Childs moved to adjourn.
On motion of Mr. Quigley, the question was severed, and that part of the resolution which requires three persons to be appointed, &c., was decided to be first put.
The previous question was then called for, and it being taken, was decided in the affirmative.
The yeas and nays were called for, and were as follow:
Yeas, Messrs. Box, Boyls, Brunson, Brunt, Childs, Chance, Cox, Durkee, M Gregor, M.Knight, M.Williams, Nowlin, Parkinson, Reynolds, Smith, Shanley, Teas, Wheeler, Leffler, Speaker,–19.
Mr. Durkee withdrew his amendment, offered yesterday, and substituted the following: “Or such progress as they shall have made to any intervening session of the Legislature.”
The question was then taken on Mr. Durkee's amendment, and it was adopted.
Mr. Teas offered the following amendment: after the word persons, insert “ being members of the one or the other, or both branches of this Legislative Assembly.”
The Speaker decided the amendment to be out of order.
The question was then taken on the latter clause of the resolution, as amended, and it was adopted.
Mr. Cox now moved the substitute offered by Mr. Quigley be adopted, as an additional resolution;
And the question being taken, it was decided in the negative.
The question was then put, “ Shall the House agree to the resolutions of the committee, as amended,” and they were agreed to.
Ordered that the Council be requested to concur.
The following message was received from the Council by the Secretary:
Mr. Speaker— The Council has passed a memorial and bill of the following titles, viz:
“A memorial to Congress praying the right of pre-emption may be granted to the occupiers of mineral lands.” Bill No. 8,“ A bill to locate and establish a territorial road from Fort Howard to Fort Winnebago, on the west side of Fox river, and for other purposes.” In which the concurrence of the House is requested.
And then he withdrew. Mr. M-Williams presented the following, to wit: “ A me