Mr. Bracken received one vote; and,

66 Brunson one vote.

Neither of the candidates having received a majority, the Speak. er again declared that no election had taken place.

On motion of Mr. Sutherland,

The House ballotted the third time as follows:

Mr. Whiton received twelve votes;

The Speaker again declared that no election had taken place. Mr. Sholes moved that the election of Speaker be postponed for the present, which, being put, was disagreed to.

On motion of Mr. Cruson,

The House proceeded to the fouth ballot, and the following was declared to be the result:

Mr. Whiton received twelve votes;

The Speaker again declared that no choice had been made. Mr. Sholes moved that the election of Speaker be postponed until afternoon, which motion was disagreed to.

A division being called for, there were ayes 7, noes 12.

The House then, on motion of Mr. Shew, proceeded to a fifth ballot, and the votes being taken and counted, it appeared

Edward V. Whiton having received a majority of all the votes

was declared to be duly elected Speaker.

On motion of Mr. Street,

Ordered, That a committee of two be appointed to conduct the Speaker elect to the chair.

The Speaker elect having been conducted to the chair, addressed the House as follows:

Gentlemen of the House of Representatives:

I thank you for this manifestation of your confidence. The dis. charge of the duties which will devolve upon me as the presiding officer of this body will, I am conscious, be very imperfectly ac. complished; but relying upon your support and assistance, and when error shall be committed, upon your forgiveness also, I accept with gratitude, the station to which you have elected me.

On motion of Mr. Billings,

The House adjourned until 3 o'clock P. M.

AFTERNOON SESSION.

Three o'clock.

Mr. Shackelford gave notice that on some future day he should ask leave to bring in a bill to provide for the construction of a road from Madison to Fox lake.

On motion of Mr. Childs,

Ordered, That a committee of three be appointed to report rules for the government of this House during its present ses

sion.

4

Messrs. Sholes, Story and Baldwin were appointed the said committee.

On motion of Mr. Billings,

Resolved, That all ministers of the gospel residing at, or visiting Madison during the present session of the Legislature, are hereby invited to hold public worship in the hall of the House of Representatives on the Sabbath.

Mr. Shackelford offered the following resolution:

Resolved, That W. W. Wyman, editor of the Madison Express,

1

be authorized to do the incidental printing of the House, until the House shall otherwise determine.

Mr. Jenkins moved that the resolution be laid on the table, which was disagreed to, ayes 9, noes 14.

Mr. Childs moved to amend the resolution by striking out the words "W. W. Wyman, editor of the Madison Express," and inserting in lieu thereof, the words J. A. Noonan, editor of the Wisconsion Enquirer.”

Mr. Shew called for a division of the question, and the question was first taken on striking out and lost; ayes 10, noes 13.

The question then recurred on adopting the resolution, and the ayes and noes being called for by Mr. Street, were as fol

lows:

Ayes-Messrs. Baldwin, Beardsley, Billings, Hoyt, Longstreet, McGregor, Newman, Shew, Stevens, Sutherland, Story and Shackelford--12.

Noes--Messrs. Bracken, Brunson, Childs, Conroe, Cruson, Craig, Dewey, Jenkins, Ray, Sholes, Street, Wells and Whiton, speaker-13.

So the resolution was lost.

Message from the Council by the Secretary:

“Mr. Speaker—I am directed to inform you that the Council have concurred in the amendment made by this House, to a resolution of the Council, in relation to printing, and that Messrs. Brisbois, Martin and Vineyard, have been appointed the committee on the part of the Council under said resolution."

And then he withdrew.

Messrs. Sholes, Street and Story, were appointed a committee, on the part of the House, under the joint resolution of the two Houses relating to printing.

Ordered, That the Council be acquainted therewith.

On motion of Mr. Sutherland, the following resolution was adopted:

1

Resolved, That a committee of three be appointed on the part of this House, to act in conjunction with a similar committee to be appointed on the part of the Council, to report a set of joint rules

for the government of the Legislative Assembly during the present session.

The Speaker appointed Messrs. Wells, Shackelford and Bracken, a committee, on the part of the House, under the said resolution.

Ordered, That the Council be requested to concur therein.

Mr. Longstreet gave notice that on some fa'ure day he would ask leave to bring in a bill to provide for the location and sale of the University lands.

On motion of Mr. Cruson,

The House adjourned.

FRIDAY. December 6, 1839.

Mr. Show presented the petition of Asa Clark, and others, relating to the construction of a dam across the outlet of Pewaukee lake.

Mr. Wells moved that the petition be laid on the table.

Mr. Longstreet moved an amendment to the motion, that the petition be referred to a select commit ee of three, which was agr ed to.

The Speaker appointed Messrs. Wells, Longstreet and Dewey said committee.

Mr. Wells was excused from serving on the committee, and Mr. Shew appointed in his place.

On motion of Mr. Jenkins,

Resolved, That the United States officers of this Territory, and all editors of newspapers in this Terri ory, are hereby invited to take seats within the bar of this House at pleasure.

On motion of Mr. Shew,

Resolved, That the thanks of this House be presented to the Hon. Ebenezer Childs, for the able and impartial manner in which he has discharged the duties of Speaker pro tem.

Mr. Sholes from the select committee appointed for that purpose, made the following report :

The select committee, appointed to prepare standing rules for the government of the House of Representatives during its pre

sent session, beg leave to report for adoption, the rules of the first session of the second Legislative Assembly, as they appear upon the journal, with the following amendments :

In the 18th rule, after the word "resolution" in the 4th line, insert the words, "of the House ;" and after the word "time," in the fifth line, insert the following: And the final question upen every bill or resolution of the Council, that requires three read. ings, shall be, previous to being passed, Whether it shall be or dered to a third reading?"

Strike out the 28th standing rule and insert in lieu thereof, “It shall be in order for the committee on eurolled bills to report at any time."

In the 31st standing rule, first line, between the words, "assis. tint door-keeper," and "messenger," inser the conjunction "and;" and in the second line, strike out the words "an assistant messenger."

Insert at the close of the 37th rule the following: "but no such call shall be entertained by the House unless sustained by a second."

The report was accepted and the committee discharged.

Mr. Street moved that the report be adopted.

Mr. Shackelford called for a division of the question.

The amendments to the 18th, 28th and 31st rules were then separately agreed to.

On the question of agreeing to the amendment of the committee to the 27th rule, the ayes and nocs were called for by Mr. Shackel. ford, and were as follows:

Ayes-Messrs. Ballwin, Brunson, Chills, Craig, Hoyt, Longstreet, Ray, S ory, Street, Weils and Whiton, speaker--11.

Noes--Messrs. Beardsley, Billings, Backen, Conroe, Crason, Dewey, Je kins, McGregor, Newman, Shackelford, Shew, Sholes, Stevens and Sutherland-14.

So the amendment was disagreed to.

The report of the co.n.nit:ee, as amended by the House, was then adopted.

The rules as amended and adopted by the flouse, are as follows: