SEVEN O'CLOCK, P. M.

Mr. Whiton, on leave granted, presented the following preamble and resolutions relative to an asylum for the deaf and dumb, and blind and insane, viz:

WHEREAS, those unfortunate persons who are afflicted by the loss of a portion of their faculties or senses, cannot participate in the benefits arising from the common school system, and from the lands granted for the support of such schools; and whereas, such persons are (if any difference) most entitled to those benefits; therefore,

Resolved, by the council and house of representatives of the territory of Wisconsin, that the congress of the United States be urgently requested to make an appropriation of land, equal to two entire townships, the proceeds of which to be expended under the direction of the legislature for the purpose of establishing within this territory, an institution for the instruction of the blind; also, an equal quantity of land for the purpose of establishing an institution for the instruction of the deaf and dumb; and, also, an equal quantity of land for the purpose of establishing an asylum for the insane.

Resolved, That the delegate in congress from Wisconsin territory, be requested to urge the passage of a law making such an appropriation.

Resolved, That one copy of the foregoing resolutions be forwarded to each member of congress.

Said preambles and resolutions were read the first and second time; and,

On motion of Mr. Whiton,

So much of the rules of the council as would require the printing of said joint resolutions and preamble, before being considered in committee of the whole, were suspended in reference to said preamble and resolutions;

And the council resolved itself into a committee of the whole for the consideration of said preamble and resolutions,

Mr. Rountree in the chair.

After some time, the committee rose and reported the same

back to the council with an amendment to the last resolution, in which amendment the council concurred, and the preamble and resolutions were then ordered to be engrossed for a third reading. On motion of Mr. Martin,

The preamble and resolutions offered by him this day, "relative to the present session of the assembly," were taken up for consideration.

On motion of Mr. Baker,

The same were amended by striking out the word “all," occurring in the preamble, immediately before the word "power;" and in the twelfth line of the preamble, by striking out the words, "the two houses to proceed," and by inserting in lieu thereof the words, "all the branches of the legislature to proceed harmoniously."

The question then was on the adoption of the preamble and resolutions, as amended;

Which was decided in the affirmative.

And the preamble and resolutions were adopted by the council.
On motion of Mr. Whiton,

The council took a recess for half an hour.

NINE O'CLOCK, P. M.

The following message from the house of representatives was delivered by the clerk thereof, viz:

"Mr. President: The house of representatives have concurred in the resolutions of this house, entitled, 'Resolutions relative to the present session of the assembly;' and have adopted the joint report of the committee of conference, relative to the disagreement of the two houses on bill No. 6, entitled 'A bill to divide the town of Warren in the county of Milwaukee, and to establish the town of Nemahbin.'"

Thereupon the president addressed the council as follows:

"GENTLEMEN OF THE COUNCIL: I am about to sever the official relation which exists between yourselves and myself, as pres ident of the council, and I ask your attention for a few moments, that I may state the reasons that have induced me to take this step. Both branches of the legislative assembly have now passed the following resolutions, viz:

"Resolved, (the house of representatives concurring,)

1st. That the legislative assembly is now holding the "special session appointed by the proclamation of the governor, dated January 31st, 1843."

2d. That the present officers of the two houses shall continue in office until further order of their respective houses; and the presiding officer of each house is hereby authorized to make such alteration in the journal of the proceedings of the 6th of March inst., kept by them respectively, as shall make it correspond with the resolution first above written."

The second resolution, authorizing the presiding officer of each house to alter the journal, it is true, is not mandatory in its terms, and might, perhaps, be construed by some, as simply conferring an authority upon the president, which he was at liberty to exercise or not, as in his discretion his sense of propriety might dictate; but, in the construction which I put upon the resolutions, I can find no room for the exercise of such a discretion, without doing violence to the manifest wish of the legislative assembly, and I cannot believe that both branches, with all the solemnity which the passage of a joint resolution implies, would have conferred this authority upon their presiding officer, unless they had, designed it should be exercised. I therefore feel bound to presume that it is the wish of the legislative assembly, including the council, that I should alter the journal of the council, so that they will conform to the spirit of the first resolution.

What alterations, then, in the journal of the council, of the 6th of March, are necessary, to make it correspond to the spirit of that resolution? The journal of that day, as it was altered by the council on the 9th instant, now contains a true statement of the proceedings of the council as they occurred, viz: that "the president called the council to order at ten o'clock, and the journal of the previous day was read." If the proposed alteration was made, it would state, "that in pursuance of the proclamation of the governor of the 31st of January, the council met at twelve o'clock," which is not true; and if it should further state, what the fact is, "that the president called the council to order," it would show that I had done what I had no authority to do; so that in the view I take of the matter, I cannot made the alterations which the reso

lutions require me to, without becoming the instrument of the council in placing upon the journal what I deem to be a falsehood, and of making myself appear in the character of an usurper of authority that I did not possess. Neither of these things can I consent to do. It appears to me, therefore, that the only course left for me to pursue, is to resign to your hands the office you have conferred upon me. For the honor of my election, as well also as your kind aid and indulgent forbearance in the imperfect discharge of its difficult and responsible duties, I can never be sufficiently grateful.

I, therefore, gentlemen, hereby resign my place as president of the council, with this remark; that I will retain the chair until you shall elect some person to fill it, either permanently or pro tempore, which I hope you will do immediately."

On motion of Mr. Newland,

A call of the council was made.

Messrs. Baker, Barber and Dewey were reported absent.
The sergeant-at-arms was despatched for the absentees.
On motion of Mr. Newland,

Further proceedings under the call of the council were suspended.

Mr. Newland moved, that Mr. Rountree be appointed president, pro tempore.

Mr. Rountree declined serving as such.

Mr. La Chapelle moved, that the council do now adjourn, sine die;

Which motion was lost.

On motion of Mr. Newland,

The execution of the order of the legislative assembly, requiring the presiding officer of the council to amend the journal, was suspended until Monday next, and the present incumbent of the chair was requested to occupy the same until that time.

On motion of Mr. Newland,

The council adjourned.

MONDAY, March 20, 1843.

The council met pursuant to adjournment,

Prayer by the Rev. Mr. Clark.

And the journal of the previous day having been read,

On motion of Mr. Whiton,

The council proceeded to the election of president.
Messrs. Whiton and Newland were appointed tellers;

And the ballots having been taken and counted, the tellers appointed for that purpose reported,

That twelve votes had been given for the office of president, and that of the votes so given,

Morgan L. Martin received seven votes;
John H. Rountree received three votes;

Nelson Dewey received one vote; and
Edward V. Whiton received one vote.

Morgan L. Martin having received a majority of all the votes given, was thereupon declared to be duly elected president of the council.

The chair appointed, on motion, a committee of two, consisting of Messrs. Whiton and Newland, to conduct the president elect to the chair.

The president having been conducted to the chair by said committee,

Mr. Whiton submitted the following resolution, viz:

Resolved, That the thanks of the council be, and they are hereby tendered to the Hon. Moses M. Strong, for the able and impartial manner in which he has discharged the duties of president of the council, which office he has now resigned;

And said resolution was unanimously adopted.

The following message, in writing, from the governor, was delivered by his private secretary, Mr. Charles Doty, viz:

"To the Legislative Council:

I have the honor to acknowledge the receipt this morning of a joint resolution of the assembly, passed on the 18th instant, relative to the present session of the assembly, and to express my en