"To the Legislative Council:

I have the honor to state, in reply to the resolution of the council this day passed, that I have no knowledge that the distributive share of Wisconsin to the net proceeds of the public lands, has been drawn from the treasury of the United States.

Executive Department,

Madison, April 8, 1843."

J. D. DOTY.

The committee then resumed its session in committee of the whole, when the clerk of the house of representatives was announced. The president took the chair, and the following message was received:

'Mr. President: The house of representatives have insisted upon their disagreement to 'Resolutions relative to the bonds issued for the completion of the capitol;' and have insisted upon their amendments to the amendments of this house to bill No. 8, 'A bill to establish a territorial road from Prairie du Chien to Lake Superior,' and request a conference thereon. Messrs. Hamilton and Platt have been appointed of the committee on their part, to which it is proposed to refer the said disagreement, relative to the said bill.

The house of representatives have concurred in a resolution of this house, instructing the joint committee on territorial expenditures, to inquire into the indebtedness of this territory, with an amendment, in which the concurrence of the council is asked.

I am directed to present for the signature of the president the following bills, which have been signed by the speaker of the house of representatives, viz:

'An act to repeal an act to incorporate the State Bank of Wisconsin;' and

'An act to authorize Silas Peck and David L. Wells to construct a dam across the Fox river.""

The acts referred to in the above message, requiring the signature of the president, were then signed by him.

The committee of the whole then resumed its session, and after some time, rose and reported "Joint resolutions relative to the completion of the capitol," with amendments; and that they had made progress on "Joint resolution relative to the distributive

share of Wisconsin in the net proceeds of the public lands;" and also upon "Joint resolutions to provide for receiving from the United States Treasury certain monies, and paying out the same," and asked leave to sit again thereon, and

Leave was granted.

The question then being on agreeing to the report of the committee of the whole, on "Joint resolutions relative to the completion of the capitol;"

Mr. Strong moved to amend the same, by adding the following, viz:

"And shall give said Baxter a certificate that he has executed and delivered to him such a release, and upon the presentation by said Baxter of such certificate to the auditor of the territory, the auditor shall issue to him a warrant on the territorial treasurer for the sum of thirteen hundred and seventy-two dollars and fourteen cents."

On which motion the ayes and noes were called, and were as follows:

Those who voted in the affirmative, were

Messrs. La Chapelle and Strong-2.

Those who voted in the negative, were

Messrs. Baker, Barber, Crocker, Dewey, Heath, Hugunin, Newland, Rountree, White, Whiton, and Martin, (Pres't,)-11. So the motion to amend was disagreed to.

Mr. Strong then moved to amend the report of the committee, by adding the following:

"And shall give said Baxter a certificate that he has executed and delivered to him such a release, and upon the presentation by said Baxter of said certificate to the auditor of the territory, the auditor shall issue to him a warrant on the territorial treasurer for the sum of dollars."

On which motion the ayes and noes were called, and were as follows:

Those who voted in the affirmative, were

Messrs. La Chapelle, Newland, Strong, White and Whiton-5. Those who voted in the negative, were

Messrs. Baker, Barber, Crocker, Dewey, Heath, Hugunin, Rountree, and Martin, (Pres't,)-8.

So the motion was lost.

Mr. Strong then offered the following, to be adopted as a substitute for the report of the committee, viz:

"That the superintendent of territorial property shall immedi ately cause a suit to be instituted against Daniel Baxter and his sureties, on his contract to complete the capitol, for damages sustained by reason of his non-compliance with said contract, and on the trial of such suit, it shall be lawful for the defendants to plead in offset, any claim of the said Baxter against the territory for extra work on the capitol, or for damages sustained in consequence of any depreciation of bonds which have been paid to or purchased by him, or any other equitable claim of said Baxter on the territory, and if the jury shall find a balance in his favor, the court shall be authorized to render a judgment against the territory according to said verdict."

On which motion, the ayes and noes were called and the result was as follows, viz:

Those who voted in the affirmative, were

Messrs. La Chapelle, Newland, Strong and White-4.
Those who voted in the negative, were

Messrs. Baker, Barber, Crocker, Dewey, Heath, Hugunin, Rountree, Whiton, and Martin, (Pres't,)—9,

So the substitute was rejected.

The question then recurring on agreeing to the report of the committee of the whole,

And the ayes and noes having been called, the result was as follows:

Those who voted in the affirmative, were

Messrs. Baker, Barber, Crocker, Dewey, Heath, Hugunin, Rountree, Whiton, and Martin, (Pres't,)—9.

Those who voted in the negative, were

Messrs. La Chapelle, Newland, Strong and White-4.

So the report of the committee of the whole was agreed to. Mr. Strong then moved, that said resolutions, as amended, be indefinitely postponed;

And the ayes and noes being called for, the result was as follows, viz:

Those who voted in the affirmative, were

Messrs. Barber, Crocker, La Chapelle, Strong, White, and Mar

tin, (Pres't,)-6.

Those who voted in the negative, were

Messrs. Baker, Dewey, Heath, Hugunin, Newland, Rountree, and Whiton-7.

So the motion to postpone was negatived.

Mr. Crocker, by leave, presented

A petition from H. Luddington and others, citizens of the town of Milwaukee, praying an amendment of the charter of said town, so as to enable the citzens thereof to levy a special tax;

Which was referred to the committee on incorporations. Mr. Dewey, from the committee on engrossed bills, reported the following to be correctly engrossed, to wit:

No. 34, "A bill to amend an act entitled 'an act concerning costs and fees." "

Mr. Newland gave notice, that on some future day he should ask leave to introduce a bill to increase the number of justices of

the peace.

On motion of Mr. Strong,

The rule of the council which requires one day's notice before the introduction of a bill, was suspended, so far as the bill he proposed to introduce was concerned, and he thereupon, by leave, introduced the following entitled bill, viz:

No. 54, "A bill in relation to the election of a territorial printer;"

Which was read the first and second time; and,

On motion of Mr. Strong,

The rule of the council which requires bills to be printed before being considered in committee of the whole, was suspended so far as bill No. 54 was concerned.

Mr. Rountree, by leave, introduced the following resolutions, viz:

Resolved, That the president and secretary of the council be directed to give certificates to the officers of the council, for the number of days of their attendance at the several sessions of the legislative assembly, including the sessions commenced on the first Monday of December, 1842, and the several subsequent sessions or meetings thereof.

Resolved, That each of the officers of the council be allowed three dollars per day, for each day of their attendance at the several meetings or sessions of the legislative assembly, commencing on the first Monday of December, 1842, and ending the 17th in

stant.

Which were adopted.

Mr. Crocker, by leave, offered the following resolution:

Resolved, That the governor be requested to inform this house whether he has given authority to any person or persons to draw or receive from the Treasury Department, the distributive share of Wisconsin in the net proceeds of the public lands, and if he has given such authority, to whom, and when the same was given. Which was adopted.

Mr. Whiton, by leave, offered the following resolution:

Resolved, That the morning sessions of the council shall, hereafter, commence at 9 o'clock, A. M., until otherwise ordered. Which was adopted.

On motion of Mr. Strong,

The council adjourned.

MONDAY, April 10, 1843.

The council met pursuant to adjournment.

Prayer by the Rev. Mr. Clark.

The journal of the previous day having been read,

The president laid before the council

A memorial from A. Finch, jr. and others, citizens of Milwaukee, praying for the repeal of certain laws relative to land sold for taxes;

Which was referred to the committee on the judiciary.

Mr. Baker moved for leave to be absent for the remainder of

the session;

On which motion, the ayes and noes having been called, it was determined in the affirmative, as follows: