relation to the legality of the Governor's convening the Legis. jative Assembly and appoortioning the representation.

And the question being put on the passage of the sa me, it was determined in the negative.

A message from the Council by their Secretary.

"Mr. Speaker-I am directed to inform this House that the Council have to day passed bill No. 30, "a bill to repeal the fourth section of an act to organize the county of St. Croix, and to legalize the acts of certain officers in said county, and for other purposes," in which the concurrence of this Ho use is asked."

Mr. Darling made the following report:

The Teller appointed on the part of the House in joint con . vention of the two Houses, to collect and count the votes for a superintendent of territorial property, report that the whole number of votes reeived was

Necessary to a choice,

John Y. Smith received

Blank

36

19

22

14

John Y. Smith having received a majority of the whole num. ber of votes was declared to be duly elected.

13

Blank for each of said offices re'd

Luther Parker, as acting canal commissioner, Joshua Hathaway, as receiver, and Clinton Walworth, as register, having re ceived a majority of the votes for those offices were declared duly elected to those offices respectively.

M. C. DARLING, Teller.

On motion of Mr. Platt,

The House took up the resolution reported from the judiciary committee relative to issuing certificates of per diem and mile. age to members.

The question being on the motion of Mr. Platt to insert after the words, "per diem," the words "and mileage,"

On motion of Mr. Judson,

A call of the House was made and the sergeant.at-arms directed to notify Messrs. Capron and Elmore, who were not in their seats, that their presence was required in the House.

Messrs. Capron and Elmore having appeared, furthor proceeding in the call of the House was dispensed with.

A message from the Council by their secretary:

"Mr. Speaker: The Council have this day passed bill No. 29, "a bill to legalize certain township elections, and the official acts of township officers, elected in April, 1842," in which I am directed to ask the concurrence of this House."

Mr. Manahan asked to be excused from voting.

Mr. Van Vliet moved that all the members who were not present at the January session be excused from voting, which was disagreed to.

The question was then put on the motion of Mr. Platt, to amend the said resolution by the insertion of the words "and mileage" and it passed in the affirmative,

And the ayes and noes having been called for,

Those who voted in the affirmative, are

Messrs. Crossman, Elmore, Hicks, Hunkins, Judson, Long, Masters, Meeker, Olin, Platt, Parsons, Thompson, Tripp, and Trowbridge-14.

Those who voted in the negative, are,

Messrs. Agry, Bartlett, Capron, Darling, Hamilton, Hopkins, Manahan, Palmer, Price, Van Vleet Walker, and Ellis (Speak. er)-12.

A message from the Council by their Secretary:

"Mr. Speaker-I am directed to inform this House that the Council have this day passed bill No. 20, "a bill for the pres ervation of deer in certain counties," in which the concurrence of this House is asked.

"The Council have disagreed to the amendments of this House to bill No. 16, "a bill relative to the sale of the Milwaukee and Rock river canal bonds, &c."

Messrs. Strong and Hugunin have been appointed on the part of the Council a committee to act with a similar committee on the part of this House, to whom is referred the settlement of certain accounts with Daniel Baxter."

Mr. Capron then called for a division of the question,

And the Speaker decided that the question might be taken on each distinct proposition.

The question was then taken on the first proposition embra. ced in the resolution, (which was whether the members should have per diem pay for that part of the first session which was held in December last,) and determined in the affirmative.

And the ayes and noes being called for,

Those voting in the affirmative, are

Messrs. Bartlett, Crossman, Darling, Elmore, Hamilton, Hicks, Hopkins, Hunkins, Judson, Long, Manahan, Masters, Meeker, Olin, Platt, Parsons, Price, Thompson, Tripp, Trowbridge, Van Vleet, Walker and Ellis, (Speaker.)—–23.

Those who voted in the negative, are

Messrs. Agry, Capron and Palmer-3.

The question then recurred on the passage of the second proposition, (which was whether the members should have per diem and mileage for that part of the first session held in January last,) when Mr. Hamilton called for a division of the said proposition,

And the question was taken on the first part of the proposition (whether the members should have per diem pay.)

And it was determined in the affirmative.
And the ayes and noes being called for,

Those who voted in the affirmative, are

Messrs. Crossman, Darling, Elmore, Hamilton, Hicks, Hop. kins, Hunkins, Judson, Long, Manahan, Masters, Meeker, Olin, Platt, Parsons, Price, Thompson, Tripp, Trowbridge, Walker and Ellis [Speaker.]-21.

Those who voted in the negative are,

Messrs. Agry, Bartlett, Capron, Palmer, and Van Vleet-5. Mr. Darling then rose to a point of order, whether the whole of the second proposition had not been determined by the House, When the Speaker decided that it had, the House having de. termined that the members should have mileage for the January session, by the insertion of the words, "and mileage," on the motion of Mr. Platt.

Mr. Platt appealed from the decision of the chair for the pur. pose of putting the question at rest,

When Mr. Olin moved that the question of order do lie on the table;

Which was agreed to

The question was then put on the last proposition, [whether the members should have per diem and mileage for the session held since the 6th of March,] and determined in the affirmative. Mr. Crossman presented the account of J. & A. Boyles, for wood and labor.

Referred to the committee on legislative expenses.

And then the House adjourned until 7 o'clock, P. M.

SEVEN O'CLOCK, P. M.

Mr. Platt made a motion to reconsider the vote of the House by which the following amendment to a resolution relative to certificates of per diem and mileage of membere was adopted, to wit: By inserting the words "and mileage," after the words "per diem."

Which was agreed to.

The question then recurred on inserting the words "and mileage and determined in the negative.

Mr. Darling from the committee on territorial affairs, to which was referred the communication of the clerk of the board of commissioners of Dane county asking permission to occupy a room in the capitol for county offices, reported the following resolution;

Resolved by the Council and House of Representatives, That the superintendent of territorial property be authorized to lease to the county of Dane the room on the lower floor in front of the Executive office, to be occupied as a register's and commissioner's office, Provided, such room shall at all times be under his superintendence-and shall not be so leased but that the same may he used by the Legislative Assembly at any future session, should the same be required,

Which was ordered to lie on the table.

Mr. Trowbridge, by leave, presented the petition of inhabit. ants of Burlington, in Racine county, praying that authority be granted to David L. Wells to build a dam across Fox river at said town.

Which was referred to the committee on corporations.

Mr. Agry by leave presented the account of David Lambert for executive printing.

Referred to the committee on legislative expenditures.