the work, and at the same time require of the settlers payment, at double the ordinary price for their lands, would be unjust and oppressive in the extreme. And to suppose that they would be satisfied to pay this enhanced price, merely for the construction of a McAdamized road or even a rail road is unreasonable.

It will be seen then, that in whatever light this subject is viewed -whatever plan is proposed-difficulties apparently insurmountable, present themselves. To advance or to retreat appears alike impossible. If we say the canal must be completed, we inevitably involve the Territory in a debt which it is conceded by all ought to be avoided. If we say it shall be abandoned, or the appropriation by Congrass diverted, and applied to some other use, great injustice will be done to a large number of our citizens. The difficulty is apparent -it should be our study to devise the best means of extricating ourselves from it. Had no portion of the lands appropriated for this purpose, been sold by the Territory, this difficulty would be greatly diminished. But the Territory has disposed of 43,000 acres, at the price of two dollars and fifty cents per acre, and given a title therefor. Congress appropriated these lands to the Territory as a trustee, under the express condition that the proceeds were to be applied to the construction of the canal. The Territory has accepted the trust, and sold a considerable portion for this purpose. The purchasers bought with the understanding, and under the express condition that the purchase money should be faithfully applied to this purpose and no other. The contract is mutually binding, and neither party can release itself without the consent of the other. Congress cannot take back the land, without the consent of all the other parties interested. The Territory cannot refuse to apply the proceeds of the sale thereof to the object specified in the law making appropriations unless by the consent of the purchasers and Congress. The former your committee believe has been obtained-they feel warranted from the expressions of opinions made in various ways to the Legislature, by the settlers on these lands, in the assertion that, being convinced that the canal cannot soon, if ever be completed, they are willing and even anxious that the General Government should take back the misnamed gift-or at least that the price

should be reduced to that of other public lands in the Territory. Let then the bonds which have been issued be withdrawn-so far as the Territory is concerned, let there be a suspension of operations. Let the number and compensation of the canal officers be reduced to the number and amount which necessity alone will require, and let payment for land be suspended or postponed; and to effect a reduction of the price of the canal lands by Congress, to the ordinary minimum price of the public lands, your committee would recommend the adoption of the accompanying memorial.

And as the principal matters heretofore referred to your committee in relation to the Milwaukee and Rock River Canal, have since been referred to the committee on Territorial Affairs, your committee ask to be discharged from the further consideration of the subjects referred to them.

Respectfully submitted,

LUCIUS 1. BARBER, Ch'n.

Appended to which was memorial No. 2, entitled,

"Memorial to Congress concerning the canal lands in the Territory of Wisconsin."

Which memorial was read the first and second times.

Mr. Ray moved that five hundred copies of the said report be printed. Mr. Ellis moved that the report do lie on the table to enable him to offer a resolution; which was disagreed to.

The motion of Mr. Ray was then agreed to.

Mr. Ogden moved that the speaker fill the vacancies in the several committees, occasioned by vacating the seat of Alfred Brunson. The speaker then appointed Mr. La Chappelle to fill the said vacancies.

Mr. Jenkins gave notice that on to-morrow or some future day, he would ask leave to introduce a bill to incorporate the American University.

On motion of Mr. Ellis,

Resolved, That His Excellency the Governor, be requested to furnish this House with any information in his possession, touching the manner, and extent of the issuing of bonds and negotiation of the same, done under color of the several acts to provide for the construction of the Milwaukee and Rock River Canal.

Mr. Ellis offered the following resolution:

Resolved, That this House dissent from so much of the report of the committee on Internal Improvements, this day submitted by the chairman, as goes to express the opinion that all hope of future appropriation from the General Government for works of internal improvement, is to be given up.

Mr. Dewey moved that the said resolution do lie on the table; which was determined in the affirmative, ayes 15, noes 9.

And the ayes and noes having been called for,

Those who voted in the affirmative, are,

Messrs. Bond, Brown, Darling, Dewey, Giddings, Gray, Hackett, La Chappelle, Mills, Ogden, Ray, Rockwell, Shepard, Tripp, and Whiton, 15.

Those who voted in the negative, are,

Messrs. Barber, Batchelder, Brazelton, Eastman, Ellis, Jenkins, Parkison, Sutherland, and Newland, speaker.

The speaker announced the following for third reading:

No. 20, "A bill to authorize Oliver C. Hubbard to build a dam on the Manitouwoc river."

Which was read the third time, passed, and the title thereof agreed to.

Ordered, That the Council be requested to concur therein.

The undermentioned bills from the Council were severally read the first and second times,

No. 16. "A bill to prescribe the number, duties and compensation of the officers of the Legislative Assembly, and for other purposes." No. 17, "A bill for the relief of Portage county."

'On motion of Mr. Brown,

Resolution No. 5, entitled "Resolution relative to the removal of the Indians," was taken up and considered.

Mr. Brown offered the following amendment,

Insert in the 3d resolution after the word "Mississippi," the following words: "and within the country purchased in July last, from the Sioux of the St. Peters, as it possesses a climate suitable to their habits, and therefore their removal to that section of country would be attended with less danger to the peace and tranquility of our fron

tier settlements, than their removal to a more southerly climate." Pending the question thereon, a call of the House was made, and the Sergeant-at-arms sent to notify Mr. Barber that his attendance was desired in the House.

Mr. Barber having been reported to be in attendance, the question was taken on agreeing to the amendment, and it was determined in the negative.

And the ayes and noes having been called for,

Those who voted in the affirmative are,

Messrs. Barber, Brazelton, Brown, Burt, Dewey, Eastman, Giddings, Gray, Hackett, La Chappelle, Mills, and Shepard-12. Those who voted in the negative are,

Messrs. Batchelder, Bond, Darling, Ellis, Jenkins, Ogden, Parkison, Ray, Rockwell, Sutherland, Tripp, Whiton, Newland, speak

er-13.

A message was received from the Governor by his private Secretary.

Mr. Ellis offered the following amendment, which was disagreed to: Add to the third resolution the following words: "whenever the progress of our settlements shall require it."

Mr. Whiton offered the following amendment, which was adopted: Add to the third resolution after the word "Mississippi," the following words: "in such a country as the wisdom of the General Government shall judge best calculated for the residence of the Indians and where their prosperity and happiness can be best promoted."

Mr. Brown offered the following amendment, to be inserted as the third resolution:

Resolved, That the Senate of the United States is earnestly solicited to ratify the treaty made in July last, with the Sioux of the St. Peters' river, as it will afford the Government the means of favorably locating the Indians yet in this Territory, with a view to their future. permanency and ultimate civilization.

Mr. Whiton moved to amend the amendment by adding thereto the following words:

"And the benefit of the American Fur Company."

Several motions were made to adjourn and to take a recess, which were determined in the negative.

When Mr. Ray moved the previous question.

Pending the question thereon, a call of the House was made, and the sergeant-at-arms sent to notify Mr. Hackett that his attendance was desired in the House.

Mr. Hackett having appeared, motions to adjourn were renewed by Mr. Shepard and Mr. Burt, and were determined in the negative; when

The question was put by the Speaker, "shall the main question be now put?" and was determined in the negative, ayes 10, noes 15.

And the ayes and noes having been called for,

Those who voted in the affirmative are,

Messrs. Darling, Hackett, Mills, Ogden, Parkison, Ray, Rockwell, Sutherland, Tripp, and Whiton.

Those who voted in the negative, are,

Messrs. Barber, Batchelder, Bond, Brazelton, Brown, Burt, Dewey, Eastman, Ellis, Giddings, Gray, Jenkins, La Chappelle, Shepard, and Newland.

So the House refused to order the main question to be now put. The Speaker decided that as the House had not sustained the previous question, the resolution was removed from before the House, and must lie over until to-morrow. And then the House adjourned.

Friday, January 28, 1842.

The Speaker laid before the House the following message of His Excellency, the Governor, received on yesterday enclosing a copy of a letter of Henry Dodge late Governor, to the Governor of Michigan, to wit: