Also a bill entitled "an act to abolish certain offices therein named."

Mr. Long from the same committee reported the following to be correctly enrolled, to wit:

"An act to provide for laying out the several territorial roads therein named."

The same was signed by the Speaker and ordered to be presented to the President of the Council for his signature.

The house took up the report of the committee of the whole house on bill No. 46, [H. of R. file] "a bill to amend an act entitled an act in relation to certain actions in ejectment.

And resolution from the Council entitled "joint resolution relative to the distributive share of Wisconsin in the nett proceeds of the public lands."

The amendments to the bill were agreed to.

Ordered, That the said bill No. 49, be engrossed for a third reading.

Mr. Hamilton moved to strike out all after the word " moneys," in the second resolution, and insert instead thereof, the fol. lowing:

"And the balance of the sum received, shall be applied towards the payment, first, of the bonds issued to Daniel Baxter, and by him transferred to Joseph Payne, and to J. M. Ampstead, which last is now in possession of Col. Cornelius De Long, and the residue,if any, to those now in possession of the said Baxter." And pending the question thereon,

A message in writing was received from the Gover or by Mr. Charles Doty, his private secretary.

Mr. Platt then made a motion to amend the amendment by substituting the following instead thereof, to wit:

"And the balance shall be applied to pay the interest on all the bonds now unredeemed, that were issued to Daniel Baxter, for the completion of the capitol and the sum remaining, if any,

after such payment, shall be paid proportionate to the holders of said bonds."

Which was accepted by Mr. Hamilton,

And the question being put on adopting the same, it passed in the affirmative.

And the ayes and noes being called for,

Those who voted in the affirmative, are

Messrs. Capron, Hamilton, Hicks, Hopkins, Judson, Long, Manahan, Meeker, Olin, Palmer, Platt, Price, Thompson, Tripp, Trowbridge and Van Vleet-16.

Those who voted in the negative, are,

Messrs. Crossman, Darling, Elmore, Hunkins, Masters, Parsons, Walker and Ellis [Speaker]-8.

The resolution was then ordered to a third reading, and by special order of the house, was read the third time, passed, and the title thereof agreed to,

The sixteenth rule having been suspended for that purpose, Mr. Manahan submitted the following resolution:

Resolved, That no member of this house shall be hereafter permitted during the present session of the Assembly, to occupy the floor on any subject for any longer time than five successive minutes, and then only twice on the same subject, and no devia. tion from this rule can be permitted without the concurrence of the house.

Which was read, when

Mr. Manahan moved that the 25th rule of this house be sus. pended with reference to the said resolution.

And the question being put, it passed in the negative.

And the ayes and noes being called for,

Those who voted in the affirmative are

Messrs. Agry, Elmore, Hopkins, Hunkins, Long, Manahan, Masters, Meeker, Olin, Palmer, Price, Thompson Trowbridge, Van Vleet, Walker and Ellis (Speakes) 16.

Those who voted in the negative, are

Messrs. Crossman, Darling, Hamilton, Hicks, Judson, Par

So the resolution lies over until to-morrow.

Mr. Elmore from the committee on Legislative expenditures to which sundry accounts was referrred, made the following report:

The committee on legislative expenditures have instructed me to report to the house as rejected by the committee, the accounts of David Jones, Joseph Ward, B. Follett, Charles C. Sholes, Jacob McKinney and Jonathan Taylor, for distributing laws in different counties of the Territory.

Also an account of Harrison Reed, for publishing laws and resolutions in the Milwaukee Sentinel.

Also of William S. Anderson for extra services in moving stove.

Your committee have also had under consideration a bill of J. & L. Ward for stationery, candles, &c., part of which your com. mittee believe has been used by the Legislative Assembly.

re

Your committee called on the late Librarian for any information he might have on the subject, with a request that he would furnish the receipts of the Clerk of the House and Secretary of the Council, to enable your committee to ascertain how much stationery, candles, &c. had been used, but have not ceived the desired information. Your committee also informed Mr. Ward, that his bill of Stationery &c. was under consider. ation before the committee, and requested him to furnish the information necessary to enable them to report thereon, which re. quest has not been complied with.

Your committee ask to be discharged from the further consid. eration of said accounts and bill.

The report was adopted and the committee discharged from the further consideration of the subjects.

Mr. Darling, from the committee on Territorial Affairs, to which the subject was referred, made the following report:

The committee on territorial affairs to which was referred the memorial of the commissioners of the county of Dane, praying for remission of some portion or the whole of the five per cent fund due to the territory from said county on account of the expenses growing out of the prosecution on the part of the United States against James R. Vineyard, have had the same under consideration, and report,

That the committee are aware that the expenses growing out of the prosecution alluded to may be burdensome to the people of this county. But they do believe, that the general law upon the subject, requiring all expenses of such trials to be paid by the county in which the crimes are committed, is one which should not be set aside, except in extreme cases.-Its provisions upon the general scale, apply equally to all, and will operate more justly upon the interests of the territory at large than any other that can be devised.—And a departure from it in one instance unless that be an extreme case and in a peculiar manner oppressive to the people, will establish a precedent which will be likely to subvert the principles of the law, and throw the expenses of a large portion of such trials upon the territory, instead of the counties.

The commission of crimes by foreigners or non-resident persons is probably of frequent occurrences, and should the legisla. ture pay the expenses in this case, similar applications will be found very pressing as well as numerous.

In the present case it is urged that neither of the persons engaged in the unfortunate affair "were inhabitants of Dane county" "but were here only temporarily in the discharge of their duties as representatives of other counties," or in other words that they were members of the Legislative Assembly. Your committee are aware that such was the fact but your committee

hope such instances will be of rare occurrence, and they submit that, although in this instance the presence of the Legielature may have been the cause of a severe temporary law, still they think that there are advantages arising to the people of this county from the location of the seat of government at this place, which more than compensates for any trouble or expense in re. lation to the case under consideration.

With this view of the subject, your committee submit a resolu, tion and ask to be discharged from the further consideration of the subject. Respectfully submitted,

M. C. DARLING, Chairman.

Resolved, That the memorial of the Board of Commissioners of Dane county, praying for remuneration from the Territory for the expenses incurred in prosecuting the trial of James R. Vineyard be not granted.

Which were adopted and the committee discharged.

Bill No. 47, [H. of R. file] entitled "a bill for the divorce of Rebecca Farrington, from the bonds of matrimony;" was read the third time, passed, and the title amended by inserting the letter "P," between the words "Rebecca" and "Farrington."

Bill No. 56, [C. F.]" A bill to amend the several acts relative to the town of Milwaukee," was read the third time, passed and the title thereof agreed to.

The Speaker laid before the House the following message received from the Governor :

To the House of Representatives:

I have approved and signed a bill entitled "an act to provide for laying out certain territorial roads, and "an act to make valid the official acts of Frederick Borcherdt, a justice of the peace," and deposited the same in the office of the secretary of the Terri. tory."

Department

April 13, 1843

J. D. DOTY.