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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, speaker-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, whichi 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,
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,
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 Govərnor of Michigan, to wit;
To the House of Representatives,
of the Territory of Wisconsin, In reply to the resolutton of the House of the 26th instant, a copy of a letter to the Governor of Michigan from the Governor of this Territory, is herewith submitted. I have no knowledge of any other correspondence under the resolution of the Assembly passed on the 13th February, 1841.
It does not appear from the records or files of this office, that an answer has been given by the Governor of Michigan, or that the Legislature of Michigan has taken any action on the subject.
J. D. DOTY. Executive Omice, Madison, Jan'y 27, 1842.
[copy.) EXECUTIVE DEPARTMENT, Mineral Point, March 10, 1841. To His Excellency, the Governor of Michigan:
Sir,—I have the honor to transmit the enclosed copy of a resolution of the Legislative Assembly of this Territory, in relation to the north-eastern boundary of the Territory, and to request that it be submitted to the Legislature of Michigan. I have the honor to be, with the highest respect,
Your ob’t servant, (Signed)
HENRY DODGE. Which were read and laid on the table.
Mr. Giddings presented the petition of citizens of Portage county, praying the passage of a law to authorize a special election in said county; which was laid on the table.
Mr. Whiton from the Judiciary committee to which the subject was referred, made the following report:
The committee on the Judiciary to whom was referred a petition from G. W. Arms and others, asking the Legislature to pass an act for the relief of Sarah A. Phænix,
Report, that they are of opinion that the act called for ought not to pass, for the reason that the Legislature ought not to interfere to alter the descent of property as fixed by law. The petition asks the Legislature to pass an act giving a certain conversation which was had between the late Mr. Samuel F. Phænix and his brother, the effect of a non-cuputive will, when by the general law of the Territory in relation to that subject, it should not have that effect.
The committee are of opinion that the Legislature has not the power, if it has the disposition to pass such a law, as the effect of it would be to take property from one person and give it to another. If Mr. Phænix did in fact make a will in accordance with the law of the Territory, his property must be disposed of according to its provisions. If he did not, his property must go to his heirs, and any attempt by the Legislature to take property that has become theirs by the decease of Mr. Phænix, and give it to other persons would be without effect. The committee herewith submit the testimony taken in the case, and ask to be discharged from the further consideration of the subject.
All which is respectfully submitted .
The report was adopted, and the committee discharged from the further consideration of the said petition.
The hour devoted to the transaction of morning business having expired;
The undermentioned bill from the Council, was ordered to a third reading.
And on motion of Mr. Whiton, was read the third time, passed, and the title thereof agreed to, to wit:
No. 1. “A bill to amend the act of the Revised Statutes entitled an act concerning the writ of attachment.”
Ordered, That the clerk request the Council to concur in the amendment to the said bill.
The Ilouse then resumed the consideration of resolution No.5, entitled “Resolution relative to the removal of the Indians," when Mr. Whiton moved to adjourn, which was disagreed to.
On motion of Mr. Shepard, A call of the House was made, and the sergeant-at-arms sent to inform the absent members that their attendance was required in the House.
And after the Ilouse had waited some time for the members sent for to appear, further proceedings in the call of the House were dispensed with.
Mr. Brown renewed his motion made on yesterday, to amend the. resolution by inserting the following 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. Peter's 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 renewed his motton to amend the amendment by adding thereto the following words: "And the benefit of the American Fur Company.”
And pending the question thereon the following message was recceived from the Council by their Secretary:
“Mr. Speaker,—The Council have passed bills as follows, in which I am directed to ask the concurrence of this House, viz:
No. 3. A bill to repeal an act entitled “ an act concerning the lien of mechanics and others, for the cost of repairs and improvements on real estate."
No. 23. A bill to amend the act of Revised Statutes concerning the Supreme and District Courts.
And have negatived resolution No. 7, of this House, entitled 6 Resolution relative to the payment of certain bonds issued for the completion of the Capitol.”
The question was then taken on agreeing to the amendment and it was determined in the negative. '
Mr. Whiton then moved the previous question which was put in these words, “ shall the main question be now put?" and was determined in the negative.
And the ayes and noes having been called for, Those who voted in the aflirmativo, are, Messrs. Batchelder, Bond, Darling, Ellis, La Chappelle, Ogden, Ray, Rockwell, Shepard, Sutherland, and Whiton.--11.
Those who voted in the negative, are,
Messrs. Brazelton, Brown, Burt, Dewey, Eastman, Giddings, Gray, Hackett, Jenkins, Mills, Parkison, and Newland, speaker.-12.