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morial for the construction of a harbour at the mouth of Milwaukee river,” as having been approved by the Governor on yesterday
On motion of Mr. Childs, The House adjourned.
Thursday, November 23, 1837.
The House was called to order, and a quorum not being present, absent members were sent for. A quorum appearing, the House proceeded to business.
On motion of Mr. Teas, Ordered that every Tuesday of each week be set apart for private business, agreeably to a resolution passed yesterday.
Mr. Teas presented the petitions of Lucinda Jones and Martha Newton, each praying for divorce.
Referred to a select committee, consisting of Messrs. Teas, Brunson, Chance, Wheeler, and Smith.
Mr. Durkee presented a petition of the inhabitants of South Port, praying that a memorial from the Legislature to Congress be made on the subject of a special pre-emption law for said citizens, for the purpose of building a harbour at that place.
Referred to the committee on internal improvement.
Mr. Parkinson introduced a bill, (No. 20,) entitled “ a bill to, locate the seat of justice of Green county, and for other purposes;" which was read the second time, and
On motion of Mr. Boyls, laid on the table.
On motion of Mr. M Williams, Resolved, That the several officers of this House be assigned to their appropriate seats, to be occupied by them, whenever within the bar of the House, as far as their official duties will permit of the same.
On motion of Mr. Teas, • Resolved, That a committee of three be appointed to me
morialize the Congress of the United States, asking the passage of a law to secure the right of pre-emption to all such persons as have constructed mills on the public lands, to so much land, as will secure their seats, privileges, &c. Messrs. Teas, M-Williams, and Nowlin were appointed the committee. .
By Mr. M Gregor, from the judiciary committee, reported a bill, (No. 21,) entitled “ A bill to subject real and personal estate to execution, and for other purposes," which was read the first time, and laid on the table.
Mr. Parkinson, from the committee to which was recom-. mitted the memorial in favour of John Hood, again reported said memorial, which was read the second and third time, and passed.
Ordered to be sent to the Council for concurrence.
The said memorial is as follows: To the Honourable, the Senate, and House of Representatives
of the United States. A memorial of the Council and House of Representatives of the Territory of Wisconsin, respectfully represents that John Hood, of Iowa county, in this Territory, did apply for the purchase of the south-east quarter of section No. 31, in township No. 5, north, range No. 3, east of the fourth principal meridian in the “ Wisconsin Land District,” by virtue of a right of pre-emption granted to settlers upon the public lands, previous to the 19th of June, 1834, made the necessary proof, tendered his money, and submitted the same to the register and receiver of the land office, at Mineral Point, who decided, contrary to law, and without the authority of the Commissioners of the General Land Office, that the aforesaid tract was mineral ground, and therefore not subject to entry.
And they would further represent that the said John Hood could not enter the land by virtue of his right of pre-emption, although he, the said John Hood, did prove that he had cultivated and occupied the same, as required by law, granting the
right of pre-emption. And they would further represent that the said John Hood has resided for the last ten years upon said quarter section of land, and that he has a large family in indigent circumstances, and by thus taking away his property, he has been, to a great extent, deprived of the means of support that they ought to have.
And they would further represent, that in all probability the said Hood would not have been debarred of his right if the land for which he applied had not been the same on which the town of Mineral Point now stands, and which has since by law been given to the inhabitants thereof, which conclusively shows that the decision of the land officers was not in accordance with the views of Congress.
Wherefore, in consideration of the loss sustained by said Hood, who with his family have undergone all the privations incident to the settlement of a new country, and that by circumstances not within his control, by a misconception of the law by the officers of government, has been deprived of his right.
Your memorialists, therefore, ask your Honourable body to pass an act for the relief of said John Hood, by granting him at least one section of land, to be located on any unoccupied lands in the Territory of Wisconsin, or its equivalent in money, which would be a very small compensation for the loss he has sustained in consequence of being deprived of his right as above stated.
Nothing in this memorial shall be considered as reflecting upon the character of the register and receiver, at the said Land Office at Mineral Point.
The following message was received from the Council by their Secretary:
Mr. Speaker, I am directed to present for your signature" a memorial to Congress for an appropriation for the construction of a harbour at the mouth of Root river on Lake Michigan,” and to return “ a memorial on the subject of a division of the Territory of Wisconsin,” sent from the House of Representatives this morning, with the signature of the President of the Council thereto.
The Council have passed bill No. 4, entitled " A bill to provide for changing the venue in civil and criminal cases,” in which the House of Representatives is requested to concur.
And then he withdrew. Mr. M-Williams called up bill (No. 16,) entitled “ A bill for taking the second census or enumeration of the inhabitants of the Territory of Wisconsin,” which was read the first time, and laid on the table.
The House then proceeded to consider the inessages and communications on the Speaker's table, sent from the Council for their concurrence.
The following resolution was taken up: Resolved, That the Council and House of Representatives of this Territory concur in the resolution of the Senate and House of Representatives of the Commonwealth of Massachu- setts, recommending the extension of the franking privilege to the Governors, Secretaries, and Chief Clerks of both branches of the several state legislatures, and that our Delegate in Congress be instructed to procure the passage of a law to that effect, including the same officers in the different Territories of the United States.
Mr. M Gregor moved to amend the resolution by striking out the word “ instructed,” and inserting the word “ requested," and the question being taken on the amendment, it was lost.
The question was then taken on concurring in the resolution as passed by the Council, and
It was concurred in.
The following preamble and resolution then came up, and were passed.
Whereas, from the account rendered by John S. Horner, Esq., late Secretary of this Territory, corroborated by a statement of the present Secretary, there appears to remain an unexpended balance of two hundred and fifty dollars of the appropriation made by the Legislative Council at their last session for rent of office, furniture, &c.: Therefore,
Resolved, by the Council, and House of Representatives of this Territory, that the present Secretary of the Territory is hereby authorized to expend the aforesaid unexpended balance
of two hundred and fifty dollars for the use, and purposes expressed in the act of appropriation. Mr. Childs introduced the following memorial, tò wit:
To the Honourable, the Senate, and House of Representatives of the United States, in Congress assembled
The memorial of the Council, and House of Representatives of the Territory of Wisconsin, adopted at their second session, respectfully represents,
That the citizens of this Territory on the west side of Lake Michigan, for'the whole distance, are without any convenient means of travelling to and from the extreme points of this lake during the winter season; that for one half of the year persons are dependent upon conveyance by land in this section of the country; and that the towns now rapidly increasing in population, loudly demand of the government, that some appropriation be made at the present session of Congress for the construction of the road surveyed by Lieut. Center under in-structions from the war department in 1834 ; your memorialists would refer to the delay and exorbitant expense attending a removal of troops from St. Dearborn (Chicago) to Fort Howard (Green Bay) the last winter, to sustain their belief that this work is of great importance to the general government, and to Eastern Wisconsin. Your memorialists therefore pray that Congress will allow the interests of this portion of the Territory to be considered at its present session; and that thirty thousand dollars may be appropriated for the construction of this road,
Said memorial was then read the first, second, and third times, passed, and Ordered to be sent to the Council for concurrence.
The following resolution and amendment by the Council were taken up.
Whereas, it is important that a proper seal, indicating the various and peculiar interests of the Territory of Wisconsin should be procured for the use of said Territory, and whereas a temporary seal not answering these purposes has heretofore been used: Therefore be it
Resolved, By the Legislative Assembly of the Territory of