[SEE JOURNAL, PAGE 155.] COMMUNICATION "Of M. M. Jackson, Att'y Gen'l, relative to the suit of Doughty vs. the Territory of Wisconsin. ATTORNEY GENERAL'S OFFICE, HON. GEORGE H. WALKER, Speaker of the House of Representatives: SIR-I have deemed it my duty, through you, to icform the legislature, that the case of William Doughty vs. the Territory of Wisconsin, which has been for some time pending in the district court for Dane county, is still undetermined. A demurrer has been filed on the part of the territory, in order to obtain a judicial decision upon the important question as to whether the territory can be sued; and, by agreement of counsel, the points arising upon the demurrer were to be submitted in writing to the court, and the case was to stand continued until the next term, when the decision of the court will probably be given. In the present attitude of the case, I am not aware that any action of the legislature will be required. Very respectfully, your obedient servant, MORTIMER M. JACKSON, Att'y Gen'l Wis. Ter. [SEE JOURNAL, PAGE 152] REPORT Of James Morrison, Treasurer of the Territory of Wirasi.r lating to the vouchers in his hands, for which scrip vised. TREASURER'S OFFICE, Madison, January 10, 1841) To the Hon. Legislative Assembly: In accordance with the resolution passed by the hon. the house of representatives, on the 8th instant, calling upon the treasurer to report the amount of duplicate receipts remaining in his hands under act of legislative assembly approved February 15, A. D. 1842, not delivered up to the secretary of the territary, I herewith transmit to your hon. body the enclosed report in compliance therewith. Very respectfully, JAS. MORRISON, Treamer, DUPLICATE RECEIPTS remaining in the hands of James Morrison, Treasurer of Wisconsin Territory, under act of Legislative Assembly, approved February 15th, A. D. 1842. 19. Harrison Reed, Printing laws of 1811 & news 100 00 66 22. Boyd Phelps, 200 00 22. George Hyer, 150 00 4819 07 26 00 15 00 25.00 10 00 21, Simeon Mills, 46 28, A. P. Field, 60 00 66 March 23. Chas C. Sholes, February 25. Henry O. Sholes, papers for legis. assembly, Chaplin house of reps. Pub.proceedings house of reps Printing for legis. assembly, Rent, sup. clerk's office, Assist. door-keeper, Newspapers furnished legislative assembly, Newspapers furnished do. Rent, sup. clerk's office, Postage,stationery.money advanced for hauling furniture purchasing furniture, office rent, coping laws, &c., Rep. decisions of sup. court, & preparing same for pub., 250 00 Services issuing drafts in conformity to the law for that purpose, ap. Feb. 15, 1842, Trans. laws of session of 1841,| to the county of Green, Rent of library room, lumber, crape for Arndt's funeral.] and ink for the use of legislative assembly, 28, Sec'y of Wisconsin. To pay interest due on bonds 21, Chas. S. Peaslee, August 31, Calvin Frink, issued under acts of assem. ap. Feb. 13 & 19, 1841, Materials and labor placing carpets in legislative halls, Enclosing public grounds, 1160 00 125 00 5 00 93 19 3500 00 13.00 200 00 $13,159 11 [SEE JOURNAL, PAGE 155.] REPORT Of the committee on mining and smelting, relating to the mineral lands and the leasing system. The committee on mining and smelting, to which was referred the resolution of this house, instructing your committee to “ report upon the expediency of passing a memorial to congress, praj ing for the abolishment of the present system of leasing the lead mines in this Territory, by the adoption of some other mode, which will more effectually protect the interests and rights of the operative miner, in leasing by ranges instead of lots of from ten to one hundred and sixty acres, as is now the case, or whether the leasing system should be abolished altogether and the reserved tr eral lands sold—if sold, at what price; and what protection should be given to residents or owners of lots at the time of sale," respectfully report: That being aware of the importance of the subject they were directed to take into consideration, they have endeavored to collect all the facts, either general or local, that would serve to place the whole matter in its true light before the people of this termtory and the executive of the United States, or the congress thereof. The subject has been examined with reference to the policy, i terests and rights of the general government, as well as of this ter ritory and of the miners, who are more directly the recipients of the curse or blessing which the system of reserving and leasing f the public lands, confers on the people. It is necessary, in order to arrive at a true understanding the policy of the government, to trace up the reservations and leases which have from time to time been made, as well as the abandonment thereof, when a certain contingency, previously contempla That contingency was this; that when the ted, should occur. district of country, in which reservations of either minerals or st lines had been made, should become sufficiently dense in its p ulation, the possession by occupancy, distributed through the mass of the people, and the value of the lands known, then to sell them; with the certainty that the necessaries of life or means of defence would not be monopolized, by those who might have both the will and the means to speculate by purchasing the public domain. The reservations of lands, either for saline or mineral purposes, was a part of the policy of government to enhance the revenue and prevent speculation; they have been blended together in its executive and legislative action; yet it is not thought necessary to say any thing more in relation to the reserving and leasing of the salines, than that they have been made and abandoned in the same manner as the reserving and leasing of the mineral lands. The first action of the government in relation to the mines, was on the acquirement by the confederation, from the several states, the title to a large portion of the public domain; see laws relating to the public lands, vol. 1st, ordinance No. 26, May 26th, 1785, as follows: "There shall be reserved, the lot No. 16 of every township, for the maintainance of public schools within said township; Also, one third part of all gold, silver, lead, and copper mines, sold, or otherwise disposed of as congress may direct." Congress, under the constitution, in vol. 1st, of the laws relating to public lands, in the act No. 71, passed May 18th, 176, provided as follows: "Every surveyer shall note in his field-book, the true situation of all mines, salt springs, salt licks, and mill sites, which shall come to his knowledge." The next action of congress on this subject, was on the 10th of May, 1800, in which previous reservations was confirmed, and the surveyor general was authorized to lease said reservations for a term not exceeding seven years; see vol. 1st, laws relating to public lands, page 463. On the same day and year another act was passed; see same volume, page 557, section 5, as follows: "And be it further enacted, that the several lead mines in the Indiana territory, together with as many sections contiguous to each, as shall be deemed necessary by the president of the United States, shall be reserved for the future disposal of the United States, any grant which may hereafter be made for a tract of land containing a lead mine, which had been discovered previous to the purchase of such tract from the United States, shall be considered fraudulent and |