72

The question was taken separately on the amendments to Memorial No. 3, and the first amendment was agreed to.

The question then recurred on the second amendment, when

Mr. Sholes moved to amend the amendment by striking out the words "be washed away," and inserting in lieu thereof, the words "remain long saturated."

Which was agreed to.

The question being then put,

amendment as amended ?”

"Will the House agree to the

It was decided in the affirmative.

Mr. Street moved to amend the amendment of the committee to section 1, of bill No. 7, by striking out "first Thursday of October," and inserting in lieu thereof, "fourth Monday of September," which section provided for holding general elections.

Mr. Longstreet moved to amend the amendment offered by Mr. Street, by striking out the "fourth Monday of September," and inserting "the second Monday of October," which was dis. agreed to.

Mr. Baldwin moved to amend the amendment offered by Mr. Street, by substituting the "first Monday of July," for the "fourth Monday of September."

And the ayes and noes being called for, on agreeing to the amendment, were as follows:

Ayes-Messrs. Baldwin, Billings, Bracken, Childs, Craig, Cruson, Dewey, McGregor, Shackelford, Shew, Story and Street

12.

Noes-Messrs. Beardsley, Brunson, Conroe, Hoyt, Jenkins, Longstreet, Newman, Ray, Sholes, Stevens, Sutherland, Wells and Whiton, speaker-13.

So the amendment to the amendment was not agreed to.

Mr. Shew moved to amend the amendment offered by Mr. Street, by inserting in place of " fourth Monday," the "first Monday of September."

And the ayes and noes being called for on said question, there were ayes 8, noes 17.

Those voting in the affirmative were, Messrs. Baldwin, Bracken, Brunson, Childs, Cruson, McGregor, Shackelford and Shew.

Those voting in the negative were, Messrs. Beardsley, Billings, Conroe, Craig, Dewey, Hoyt, Jenkins, Longstreet, Newman, Ray, Sholes, Stevens, Story, Street, Sutherland, Wells and Whiton, speaker.

The question then recurred on agreeing to the amendment offered by Mr. Street.

And the question being put," Will the House agree to the said amendment?"

It was determined in the affirmative.

The said memorials, Nos. 1 and 3, and bill No. 7, were severally ordered to the third reading.

Mr. Jenkins moved that the vote taken on Saturday last, indefinitely postponing bill No. 1, Council file, entitled "A bill to legalize the proceedings of the county officers of Crawford county therein referred to," be reconsidered.

Pending the question thereon, Mr. Billings moved to adjourn, which was disagreed to.

Mr. McGregor called for the ayes and noes on the question to reconsider the vote by which bill No. 1, Council file, was indefinitely postponed, which were as follows:

Ayes-Messrs. Beardsley, Billings, Bracken, Brunson, Childs, Conroe, Craig, Cruson, Jenkins, Longstreet, Ray, Sholes, Story, Street, Sutherland, Wells and Whiton, speaker-17.

Noes-Messrs. Baldwin, Dewey, McGregor, Newman, Shack. elford, Shew and Stevens-7.

So the vote was reconsidered.

On motion of Mr. Shew,

The House adjourned.

TUESDAY, December 17, 1839.

Mr. Sholes presented the petition of inhabitants of Jefferson, in relation to the erection of a dam across the west branch of Rock river.

Ordered, That the same be referred to the select committee to which was referred a similar petition on the 13th inst., consisting of Messrs. Sholes, Sutherland and Story.

Mr. Story, from the select committee to which that portion of the Governor's message was referred, which relates to the occupants of canal lands, reported a memorial, No. 1, entitled

"A memorial of the Legislative Assembly in behalf of the settlers on the even sections, reserved to the United States by the law granting a quantity of lands to the aid in the construction of the Milwaukee and Rock river canal."

Which was read a first and second time.

On motion of Mr. Story,

Ordered, That the usual number of copies of said memorial be printed for the use of this House.

Mr. Sholes, from the select committee to which that portion of the Governor's message was referred, which relates to the erection of a penitentiary, submitted the following report and resolu tions, which were read and laid on the table:

The select committee to which was referred that portion of the Governor's message in relation to the propriety of memorializing Congress for an "appropriation of thirty thousand dollars, for the erection of a penitentiary in this Territory," beg leave to report, that they have considered the subject, and cannot think that the interests of the people of Wisconsin, at the present time, require the organization of such an establishment.

The committee are not disposed to disagree with the Governor in opinion, that the establishment of a penitentiary, and solitary confinement at hard labor, would have an important and beneficial moral influence upon the community in preventing violations of our penal laws, in reclaiming the convict from the error of his ways, and restoring him to the path of rectitude; but the question arises, would not the burden, in a pecuniary point of view, for the support of a penitentiary be too onerous?

"Since the organization of our Territorial government," says His Excellency, "persons convicted of crime of a high grade, who merited punishment at hard labor, have been pardoned on the

petitions of citizens of the counties where the offences were committed, who stated that the expenses for the safe keeping of their convicts would be burdensome in the extreme to the inhabitants of those counties, without their being able to derive any advan. tage from their labor during confinement." Such, it is true, has been the case; but the expenses incident to sustaining a penitentiary, after its erection, would, in the opinion of your committee, be far more burdensome upon the people of Wisconsin, than the mere support of one or two convicts in the prisons of a few of our counties.

It is to be hoped and expected that for same years to come, unless the increase of crime should be in a greater ratio than usual, in comparison with the increase of our population, the number of convicts will be very limited. It could not, therefore, be expected if a penitentiary were at present established, that the proceeds of their labor, provided any profitable employment could be procured for them, would be sufficient to cover the expenses of their keeping; on the contrary, it is believed that these proceeds would furnish but a very small item towards the payment of the salaries of such officers as would be necessary in a penitentiary, and the other expenses; and that to sustain such an establishment would be a pecuniary burden of an oppressive character upon the people of the Territory.

The committee, however, in presenting these views, do not wish to be understood as being opposed to an application to Congress for an appropriation, such as the Governor recommends. The only ground of disagreement between His Excellency and the committee is as to the proper time for the organization of such an establishment. It may be expedient to apply now to Congress for an appropriation for the erection of a penitentiary, to be applied to the purpose designed at a time, and in a manner to be determined hereafter by the Legislative Assembly. The committee, therefore, present the following resolution for the consideration of the Legislature :

Resolved, by the Council and House of Representatives, That our delegate in Congress be requested to use his influence and ex

ertions to procure an appropriation of thirty thousand dollars, for the erection of a penitentiary in Wisconsin, at such place as may hereafter be designated by legislative authority, the money to be placed at the disposal of the Legislative Assembly.

Resolved, further, That the Governor of the Territory be requested to forward a copy of this resolution, immediately after its passage, to the delegate in Congress from Wisconsin.

Mr. Shackelford, from the joint committee on enrolment, re. ported resolution No. 7, entitled "Resolution relative to the committe on public buildings," to be correctly enrolled.

When the Speaker signed the same.

The Speaker laid before the House a message from the Execu tive, enclosing a communication from the commissioner of the General Land Office, relating to the survey and sale of lands north of the Wisconsin and Fox rivers, which was read and laid on the table.

(See Appendix, docunient E.)

Mr. Street, from the committee on corporations, submitted the following report:

The committee on corporations, to whom was referred so much of the Governor's message as relates to banks and corporations, would respectfully submit the following report:

The Bank of Mineral Point, is the only legal banking institution now in the Territory, and your committee are of opinion from the best information in their possession, that it is in a sound and solvent condition.

The present is a critical time with banks owing to the scarcity of money-the suspension of specie payment by many of the banks in the Union, and the consequent derangement of the currency of the country.

The representatives of the people, therefore, cannot watch with too much vigilance the operations of these institutions. The salutary lessons that have been taught in banking operations in this Territory for the last few years, where bank explosions--bank corruptions and speculations have been the order of the day-ad. monish us as guardians of the dearest rights of the people, to