Ordered, That the Council be requested to concur in the amendments to said bill. Mr. Hackett, from the committee on Enrolled bills, reported that the said committee had presented to the Governor for his approval on to-day, the following bills and resolutions, to wit: An act to repeal the several acts providing for aiding in the construction of the Milwaukee and Rock river canal, and to provide for the temporary, management and control of the canal lands. An act in addition to an act entitled an act to provide for the completion of the capitol at Madison. An act to organize certain towns in the county of Fond du Lac. An act to authorize the construction of a dam across the Crawfish river. An act in relation to certain moneys in the Territorial treasury. Resolution relative to distributing copies of the journals of the Legislative Assembly. On motion of Mr. Rockwell, No. 18. "Resolution concerning the election of canal commissioners," was taken up and amended by inserting after the word "agents" the following words "according to law:" And was then adopted. Ordered, That the Council be requested to concur therein. On motion of Mr. Hackett, The House resolved itself into the committee of the whole House, Mr. Barber in the chair, having the following under consideration, to wit: No. 9. Resolution relative to the loan to aid in the construction of the Milwaukee and Rock river canal. No. 32. A bill to provide for the taking the census of the inhabitants of the territory of Wisconsin, and to authorize the Governor to apportion the members of the Council and House of Representatives. No. 43. A bill to provide for the appointment of a superintendent of territorial property, and for other purposes. And after some time spent therein, the committne rose and reported bill No. 43 and resolution No. 9 without amendment, and that the enacting clause to bill No. 32 had been stricken out. The report of the committee was agreed to. A motion was made by Mr. Rockwell to lay resolution No. 9 on the table, and the question being put, It passed in the negative. And the ayes and nocs being called for, Those who voted in the affirmative, are, Messrs. Bond, Ogden, Parkison, Ray, Rockwell, and Newland, speaker.-7. Those who voted in the negative, are, Messrs. Batchelder, Brazelton, Brown, Burt, Darling, Dewey, Eastman, Ellis, Giddings, Gray, Hackett, Mills, Shepard, Sutherland, Tripp, and Whiton.-16. A message from the Council by their Secretary: “Mr. Speaker,—I am directed to present for the concurrence of this House the following resolution, to wit: No. 13. Resolution preparing for publication the laws of the pre sent session. And to inform you that the Council have concurred in the following resolution of this House, to wit: No. 5. Resolution relative to the removal of the Indians. And have reconsidered and passed the following bills, which had been presented to the Governor for his approval, and returned without his signature, viz: An act to amend an act entitled an act to change the corporate limits and powers of the town of Green Bay. An act to change the corporate limits and powers of the town of Milwaukee: and An act to amend the act to incorporate the village of Southport; in the passage of the first and last of which the concurrence of this House is requested. The Council have adopted the joint report of the committee of conference in relation to the disagreeing vote of the two Houses 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.'" The time appointed for the election of a commissioner of public buildings having arrived, it was On motion of Mr. Rockwell, Ordered, That a message be sent to the Council informing that body that seats have been prepared in the Representatives' Hall for their accommodation, and that this House is now ready to proceed to the election of a commissioner of public buildings. CONVENTION OF THE TWO HOUSES. The Council having met the House and taken seats in the Representatives' Hall, the object of the assembling of the convention was stated to be the election of a commissioner of public buildings, and the joint resolution relative to the same was read, when the following nominations were made, to wit: By Mr. Upham, the nomination of Nathaniel C. Prentiss. Ordered, That two tellers be appointed to receive and canvass the votes: And thereupon Messrs. Darling and Tweedy were appointed. The convention then proceeded to ballot for the said office; and the votes having been taken and counted, Messrs. Darling and Tweedy, the tellers, reported that thirty-five votes had been given; of which John Y. Smith had received fifteen, Nathaniel C. Prentiss twelve, Ebenezer Childs five, Charles B. Finch two, and Peter W. Matts one. Neither of the persons voted for having a majority of the votes given, it was declared that no choice had been made. On motion of Mr. Martin, The convention proceeded to a second ballot, and the votes having been taken and counted, the said tellers reported that thirty-five votes had been given for the said office; of which John Y. Smith had rereived twenty, Nathaniel C. Prentiss nine, Ebenezer Childs five, and Peter W. Matts one. John Y. Smith having received a majority of all votes given, was declared to be duly elected commissioner of public buildings for the ensuing year. On motion of Mr. Strong, The convention adjourned. The Council having retired from the Representatives' Hall, the House resumed the consideration of the bills and resolution reported by the committee of the whole, when a motion was made by Mr. Rockwell to strike out all after the preamble in the said resolution. Mr. Whiton called for the previous question, and being put, It passed in the affirmative. And the ayes and noes being called for, Those who voted in the affirmative, are Messrs. Batchelder, Brown, Burt, Darling, Dewey, Eastman, Ellis, Giddings, Gray, Hackett, Mills, Shepard, Tripp, and Whiton.-14. Those who voted in the nogative, are Messes. Barber, Bond, Brazelton, Jenkins, La Chappelle, Ogden, Parkison, Ray, Rockwell, Sutherland, and Newland, speaker.—11. The question was then put on ordering the said resolution to a third reading and determined in the affirmative. And the ayes and noes being called for, Those who voted in the affirmative, are Messrs. Batchelder. Brown, Burt, Darling, Dewey, Eastman, Ellis, Giddings, Gray, Hackett, Mills, Shepard, Tripp, and Whiton -14. Those who voted in the negative, are Messrs. Barber, Bond, Brazelton, Jenkins, La Chappelle, Ogden, Parkison, Ray, Rockwell, Sutherland, and Newland, speaker.-11. On motion of Mr. Whiton, And by special order of the House, the said resolution was read the third time, passed, and the title thereof agreed to. Ordered, That the Council be acquainted therewith. Mr. Hackett from the committee on enrolled bills reported the following resolution to be correctly enrolled, which was signed by the Speaker, and ordered to be presented to the President of the Council for his signature, to wit: "Resolution relative to the removal of the Indians." Mr. Darling from the tellers appointed to receive and canvass the votes given for the office of commissioner of public buildings, reported that the two Houses had met in convention and had duly elected John Y. Smith, commissioner of public buildings for the ensuing year. On motion of Mr. Ellis, Ordered, That bill No. 43 do lie on the table. And then the House adjourned until half past 2 o'clock, P. M. HALF PAST 2 O'CLOCK, P. M. The House proceeded to consider the message on the table received from the Council when the following message from the Governor returning the bill therein named, without his signature, was read to wit: "To the Legislative Council of the Territory of Wisconsin: The bill entitled an act to amend the act to incorporate the village of Southport,' is herewith returned without my signature. I consider the original charter to have been passed without authority, and that it contains provisions which are in violation of the act of Congress establishing the Territorial government of Wisconsin. All laws passed in this Territory must according to the require ment of that act, be submitted to Congress. If the Legislature had the power to create this corporation, it could not confer upon the corporation greater powers than itself possessed, nor authority to exercise them in a manner different from that prescribed for the Legisla ture by the act of Congress. The provisions of this bill, in my opinion, conflict with those of the act of Congress, and I must therefore decline signing it. J. D. DOTY. Executive Office, Madison, February 17, 1842." And the bill entitled "an act to amend the act to incorporate the village of Southport" having been read, the question was put, "shall the bill pass?" and determined unanimously in the affirmative. And the ayes and noes were taken on the said question and all the members present voted in the affirmative, as follows: |