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· That in their opinion, the Librarian is not authorized to sell any property belonging to the Territory without the authority of the Legislature, and that the sale of the property mentioned in his communication is illegal and void. The Librarian is the officer to whose care the safe keeping of the property is confided; but he has no more power to sell than any other person, and the attempt to do so in this case, in the opinion of the committee, deserves the censure of the Legislature: he might as well sell the books confided to his keeping as to sell any other property
The committee will not pursue the subject further, but will conclude by the expression of their opinion that the sale of the property is void, and that no title to it vested in the purchasers.
Mr. Rockwell moved that the said report be adopted. · Mr. Burt moved to amend the motion as follows: That the report do lie on the table and be printed.
Which amendment was accepted by Mr. Rockwell.
Mr. Darling moved to amend the motion so that 200 copies of the report be printed, and pending the question thereon, Mr. Burt moved to amend the amendment so that the report should be printed in every newspaper in the Territory.
And the question being taken on the amendment to the amendment, it was disagreed to.
Mr. Darling then, by leave, withdrew the amendment moved by him to print 200 copies.
Mr. Ray called for a division of the question, and the question was put on laying the report on the table, and decided in the negative.
The question then recurred on ordering the report to be printed, And it was agreed to; ayes 14, noes not counted.
On motion of Mr. Ray, The said report was adopted. A message from the Council by their Secretary: “ Mr. Speaker–The Council have passed a resolution, No. 2, entitled “ Resolution authorizing the Secretary of the Territory to borrow money,” in which I am directed to ask the concurrence of this House."
On motion of Mr. Hackett, the House adjourned.
Thursday, December 23, 1841.
The Speaker laid before the House a communication from the Secretary of the Territory, (enclosing a statement of the account of the late Secretary with the Treasury Department,) in answer to a resolution of this House passed on the 20th instant, relative to the debt of the Territory for Legislative expenses, the amount of bonds issued, and the amount for which bonds have not been issued; which was read and laid on the table. [See appendix document E.]
Mr. Whiton offered the following resolution :
Resolved, That the committee on Elections be instructed to procure the testimony of Joseph Brisbois, the postmaster at Prairie du Chien, relative to the seat in this House, now contested by the Hon. Alfred Brunson and Theophilus La Chappelle.
Mr. Burt moved to amend the resolution by adding to it the following words: • “And that the Hon. A. Brunson be allowed time to take certain depositions in the county of St. Croix, and at Prairie du Chien.”
And pending the question thereon, the following message was received from the Council by their Secretary:
“ Mr. Speaker - The Council have concurred in the report of the joint committee on the joint rules and orders for the government of the two Houses during the present session. Messrs. Learned and Janes have been appointed of the joint committee, on the part of the Council on Enrolled bills.
Mr. Gray moved to amend the amendment by striking out the words “in the county of St. Croix, and.”
And pending the question thereon, Mr. Ellis moved to lay the amendment on the table; which was agreed to.
Mr. Gray moved to amend the resolution by adding to it the following words: “and that the sitting member be allowed to take the deposition of Judge Irvin.”
And the question being taken thereon, it was determined in the negative.
The resolution was then agreed to; ayes 13, noes 9.
Resolution No. 2 (from the Council,) entitled “Resolution authorizing the Secretary of the Territory to borrow money," was read the first and second times.
On motion of Mr. Whiton, The House resolved itself into the committee of the whole House for the consideration of tħe said resolution, Mr. Darling in the chair; and after a short time spent therein, the committee rose and reported the resolution without amendment.
Mr. Ellis moved that the resolution do lie on the table, and the quesțion being taken, it was determined in the negative.
The resolution was then ordered to a third reading, and by special order of the House, was read the third time,
When the question being put, “Shall the question pass ?”
Messrs. Barber, Bond, Brazelton, Brown, Brunson, Burt, Eastman, Giddings, Gray, Hackett, Mills, Ray, Rockwell, Shepard, Tripp, and Whiton.—16.
Those who voted in the negative, are,
The title was then agreed to.
Friday, December 24, 1841,
The Speaker announced the appointment of Messrs. Hackett and Tripp of the joint committee on Enrolled bills, on the part of the House, under the sixth of the joint rules of the two Houses.
Ordered, That the Council be made acquainted therewith.
Mr. Whiton offered the following resolution:
Resolved, That Chancy Abbott be and he is hereby appointed Sergeant-at-arms of this House, pro tempore.
Mr. Barber moved to amend the resolution, by striking out the name of “Chancy Abbott," and inserting the name of “E. M. Williamson."
Mr. Shepard moved to amend the amendment by inserting the name of " Thomas J. Noyes” in lieu of “ E. M. Williamson.”
And pending the question thereon, a call of the House was made on motion of Mr. Whiton, and the Sergeant-at-arms sent to procure the attendance of Messrs. Brazelton and Parkison.
Mr. Parkison having appeared, further proceedings in the call of the House were dispensed with.
On motion of Mr. Rockwell, Leave of absence was granted to Mr. Brazelton, until Monday next.
Mr. Rockwell then moved that the resolution and amendments do lie on the table.
And pending the question thereon, a call of the House was made on motion of Mr. Bond; and on motion of Mr. Ellis, further proceedings in the call were dispensed with.
The question was then put to the House, on laying the resolution on the table,
And passed in the negative; ayes 11, noes 13.
Those who voted in the affirmative, are,
Those who voted in the negative, are,
Messrs. Brown, Brunson, Burt, Darling, Jenkins, Ogden, Parkison, Parmelee, Shepard, Tripp, Whiton, and Newland, Speaker.—13.
A motion was made by Mr. Gray, to postpone the further consideration of the resolution and amendments, indefinitely, and the question being put, it passed in the affirmative; ayes 16, noes 9.
And the ayes and noes being called for by Mr. Rockwell,
Eastman, Ellis, Giddings, Gray, Hackett, Mills, Ray, Shepard, Rockwell, and Sutherland.-16.
Those who voted in the negative, ate, Messrs. Brown, Darling, Jenkins, Ogden, Parkison, Parmelee, Tripp, Whiton, and Newland, Speaker.—9.
Mr. Hackett, from the joint committee on Enrollment, reported the following resolution to be correctly enrolled, entitled,
“Resolution authorizing the Secretary of the Territory to borrow money.”.
The Speaker signed the resolution, and it was ordered to be presented to the President of the Council for his signature.
On motion of Mr. Whiton, The House resolved itself into a committee of the whole House, Mr. Parkison in the chair, for the consideration of bill No. 1 (of this House,) entitled “a bill to incorporate the Fond du Lac Company;"' and after some time spent therein, the committee rose and reported the bill without amendments.
The amendments were agreed to by the House, and the bill ordered to lie on the table. And then the House adjourned until 3 o'clock, P. M.
3 O'CLOCK P. M. Mr. Shepard offered the following resolution:
Resolved, That the committee on elections be instructed to take the evidence of Samuel Gilbert, Dr. B. O. Miller, John E. Miller, and Capt. Gains Miller, at Prairie du Chien, in connection with the evidence of Joseph Brisbois.
And pending the question on the adoption of the said resolution, the following message was received from the Council by their Secretary :
“ Mr. Speaker - The Council have passed a bill, No. 6, entitled “A bill to incorporate the Trustees of the Platteville Academy;" in which I am directed to ask the concurrence of this House.”
Mr. Darling moved a call of the House,
Which was made, and the Sergeant-at-arms sent to procure the attendance of Mr. Whiton.
The Sergeant-at-arms having reported that Mr. Whiton was in