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The message of the Council was then taken up, when the following resolution was read the first and second times, to wit:
No. 9. Resolution relative to the loan to aid in the construction of the Milwaukee and Rock river canal. 2
The undermentioned bills of the House of Representatives, returned with amendments, were ordered to lie on the table, to wit:
No. 29. A bill to establish the county of Richland.
No. 42. A bill in addition to an act entitled an act to provide for the completion of the capitol at Madison.
No. 43. A bill in relation to certain moneys in the Territorial treasury.
Mr. Barber, by leave, made the following report, which was read and adopted, to wit:
The committee of conference appointed on bill No. 37, (C. F.) entitled “ a bill to amend and define the act entitled an act to provide for the government of the several towns in this Territory, and for the revision of county government, approved Feb. 18, 1841," report:
That they recommend to the Council to recede from their disagreement to the amendment of the House of Representatives to said bill, and they also recommend to the House to recede from their vote in
sisting upon their, amendment, and agree to the following, as an , amendment of said amendment, to wit: 1. In the fourth amendment strike out all before the word “any ”in the fifth line.
Ordered, That the Council be acquainted therewith.
Mr. Rockwell, from the committee on Engrossed bills, reported the following to be correctly engrossed, to wit:
No. 48, entitled “A bill to provide for the payment of certain Territorial expenses therein named.” And then the House adjourned until 7 o'clock, P. M.
70'CLOCK, P. M. Mr. Hackett, from the committee on Enrolled bills, reported the following to be correctly enrolled, to wit:
Resolution relative to distributing copies of the journals of the Legislative Assembly;" and
An act in addition to an act entitled an act to provide for the completion of the capitol at Madison:”
Which were signed by the Speaker and ordered to be presented to the President of the Council for his signature.
On motion of Mr. Darling The House took up the undermentioned bills, House of Representatives file, which had been ordered to lie on the table, to wit:
No. 3. A bill to amend the several acts to provide for the support of common schools.
No. 29. A bill to establish the county of Richland: and No. 39. A bill to organize the county of Calumet. When the first and second amendments of the Council to bill No. 39, were concurred in, with an amendment to the second amendment; and the amendments of the Council to bills numbered 3 and 29 were non-concurred in.
Ordered, That the Council be acquainted therewith.
The following message from the Governor was read, to wit: To the House of Representatives
of the Territory of Wiskonsan: I return the bill entitled “an act to change the corporate limits and powers of the town of Milwaukee,” without my signature.
My objections to this bill may be found in that part of my address to the Assembly on the 10th of December last which relates to incorporations. I consider the original charter void and therefore that it cannot be amended.
I have examined the bill, and do not find there is any section in it which agrees with the title.
And I further object to it because the original, and this bill, provide for the enactment of laws and ordinances, and that they shall have effect whether they are submitted to Congress or not. These laws affect the property and liberty of the citizen. This I consider a palpable violation of the act of Congress. The ninth section increases taxes one cent, and contains a repetition of the powers granted in the sixth section of the amended charter.
And I olject, particularly, to the first, fifth, sixth, eighth, twelfth, thirteenth, and fourteenth sections. Those sections which authorize the sale of land for taxes or assessment are understood to be in addition to the fourteenth section of the act to alter the corporate limits of the town of Milwaukee. That section contains a clause that the . Treasurer shall make a conveyance to the purchaser of lots sold, and that the “ conveyance shall vest in the person or persons to whom it shall be given, an absolute estate in fee simple, and the said conveyance shall be conclusive evidence that the sale was regular according to the provisions of this act.” If such a provision was valid it would be unnecessary for the town authorities to comply with any of the provisions of the act when they desired to divest a citizen of his property.
J. D. DOTY. Executive Office, Madison, Feb’y 17, 1842.
When the House proceeded to re-consider the following bill entitled “an act to change the corporate limits and powers of the town of Milwaukee;" and the question shall the bill pass?" was put, and decided in the affirmative.
And the ayes and noes were taken and were as follows:
Ayes-Messrs. Barber, Batchelder, Bond, Brazelton, Brown, Burt, Darling, Dewey, Eastman, Ellis, Gray, Jenkins, La Chappelle, Mills, Ogden, Parkison, Ray, Rockwell, Shepard, Sutherland, Tripp, Whiton, and Newland, 23.
Mr. Giddings voted in the negative.
Ordered, That the Council be requested to re-consider and approve the said bill.
Engrossed bill No. 48, entitled “A bill to provide for the payment of certain territorial expenses therein named,” was read the third time,
When the House granted unanimous consent to amend the bill by inserting the following words:
"To John Delany for publishing in the Miners' Free Press, the proposals for completing the Capitol, ten dollars.”
The said bill was then passed and the title thereof agreed to.
payment of the expenses of the legislative Assembly therein named,
When the seventeenth, twentieth, twenty-first, twenty-second, twenty-third, twenty-fifth, twenty-seventh, twenty-eighth, thirty-first, thirty-second, thirty-third, thirty-fourth, and thirty-fifth amendments were severally agreed to.
The eighteenth amendment which allowed four hundred and fifty dollars to Joseph R. Brown, for executing a commission in the case of La Chappelle vs. Brunson, was read
When Mr. Dewey moved to amend the report by striking out therefrom the sum of fifty dollars.
And pending the question thereon, Mr. Gray moved to amend the motion by striking out of the said appropriation to Joseph R. Brown the sum of “ four hundred and fifty," and inserting in lieu thereof the sum of “ three hundred.”
And the question was put and decided in the negative.
Messrs. Brazelton, Burt, Eastman, Gray, Ray, Rockwell, Shepard, Tripp, and Whiton, 9.
Those who voted in the negative are, Messrs. Barber, Batchelder, Bond, Darling, Dewey, Ellis, Giddings, Hackett, Jenkins, La Chappelle, Mills, Ogden, Parkison, Sutherland, and Newland, speaker, 15.
Mr. Gray then moved to amend by striking out of the amendment “ four hundred and fifty,” and inserting “three hundred and fifty.”
And the question was taken and determined in the affirmative."
Messrs. Barber, Bond, Burt, Darling, Eastman, Giddings, Gray, Hackett, Jenkins, Mills, Ray, Rockwell, Shepard, Sutherland, Tripp, and Whiton, 16. · Those who voted in the negative, are
Messrs. Batchelder, Brazelton, Dewey, Ellis, La Chappelle, Ogden, Parkison, and Newland, speaker, 8.
The report as 'amended was then agreed to.
“ Mr. Speaker-I am directed by his Excellency, the Governor to inform this House that he has this day approved and signed the following acts, memorials, and resolutions, viz:
An act to incorporate the Beloit and Rock river Bridge Company.
An act to change the name of the town of Finch, in the county of Jefferson.
An act to organize certain towns in the county of Rock.
Resolution relative to procuring the journals of Congress and public documents for the Wisconsin Library. And
Memorial to Congress, relative to duties on lead.
And also, to deliver to this House a message in writing relative to the act first named.”
The question was then taken on agreeing to the nineteenth amendment reported by the committee (which allowed to William G. Van Bergen, thirty-four dollars for extra services in attending on the Governor's office) and it was determined in the negative.
And the ayes and noes being called for, Those who voted in the affirmative, are Messrs. Brown, Ellis, Jenkins, La Chappelle, Shepard, Tripp, Whiton, and Newland, speaker, 8.
Those who voted in the negative, are
Messrs. Barber, Bond, Brazelton, Burt, Darling, Dewey, Eastman, Giddings, Gray, Hackett, Mills, Ogden, Parkison, Ray, Rockwell, and Shepard, 16.
On the question of agreeing to the twenty-fourth amendment reported by the committee, which allowed to the heirs of the late Hon. C. C. P. Arndt, for extra pay as a member of the Council, two hundred and twenty-five dollars, the ayes and noes were called for and were as follows:
Ayes—Messrs. Brown, Dewey, Eastman, Ellis, Giddings, Gray, La Chappelle, Shepard, Tripp, and Newland, speaker, 10.
Noes—Messrs. Barber, Batchelder, Bond, Brazelton, Burt, Hackett, Jenkins, Mills, Ogden, Parkison, Ray, Rockwell, Sutherland, and Whiton, 14.
So the report on the said amendment was disagreed to.