And it was decided in the affirmative.

Mr. Strong then moved to amend the resolution by striking out all after the resolving clause, and inserting the following:

"That the Treasurer of the United States be directed not to pay over to any person the distributive share of the territory of Wisconsin in the net proceeds of the public lands, under the provisions of the act of 4th September, 1841, entitled 'An act to appropriate the proceeds of the sales of the public lands," &c., until otherwise directed by the legislative assembly."

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

Those who voted in the affirmative, were

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

Messrs. Barber, Crocker, Heath, Hugunia, Newland, Whiton, and Martin (Pres't.)—7.

The qeustion then being on ordering the resolutions to be engrossed for a third reading, and the ayes and noes having been called, it was determined in the affirmative, as follows:

Those who voted in the affirmative, were

Messrs. Barber, Crocker, Dewey, Heath, Hugunin, Newland, Strong, and Whiton-8.

Those who voted in the negative, were

Messrs. La Chapelle, Rountree, White, and Martin (Pres't,)-4. Bill No. 62, was then ordered to be engrossed for a third reading.

On motion of Mr. Strong,

The council adjourned.

EXECUTIVE JOURNAL.

TUESDAY, April 11, 1843.

The following message from the governor was delivered by his

private secretary, Mr. Charles Doty, viz:

"To the Legislative Council:

I nominate J. Allen Barber, to be district attorney for the coun

ty of Grant;

Satterlee Clark, jr., to be a supreme court commissioner for the county of Portage;

Malachi T. White and Luther Parker, to be justices of the peace for the county of Milwaukee; and,

Lorain T. Pease, to be a supreme court commissioner for the county of Brown.

Executive Department,

Madison, April 10, 1843.")

J. D. DOTY:

WEDNESDAY, April 12, 1843.

The council met pursuant to adjournment.

The journal of the previous day having been read,

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

"To the Legislative Council:

I have this day approved and signed a bill entitled 'An act to repeal a part of an act therein named,' and deposited it in the office of the secretary of the territory.

Executive Department,

Madison, April 19, 1843.")

On motion,

J. D. DOTY.

Mr. Strong had leave to amend the report of the committee on the judiciary, made yesterday, relative to the suit now pending in Dane county, in favor of William Doughty, against the territory, so as to make it read as follows:

"A majority of the judiciary committee (Mr. Whiton dissenting,) to whom was referred a message of the governor in relation to a suit commenced against the territory of Wisconsin, by Wil

liam Doughty, together with a copy of the summons which was served on the executive, report," &c.

Mr. Dewey presented an account of Almon Lull, late librarian; Which was referred to the committee on legislative expenditures. Mr. Whiton, from the committee on incorporations, reported a bill

No. 63, "A bill to annex certain lands to the town of Southport, in the county of Racine;"

Which was read the first and second time.

On motion of Mr. Whiton,

The 30th rule of the council was suspended in relation to said bill No. 63.

Mr. Strong, from the committee on the judiciary, had leave to make a report, and he thereupon reported a inemorial with the following title, viz:

"Memorial of the legislative assembly of Wisconsin, praying that the office of governor of the territory may be made elective by the people;"

Which was read the first and second time.

On motion of Mr. Strong,

All rules of the council which would prevent the passage of said memorial then, were suspended in relation to said memorial; And thereupon, the memorial was read the third time, passed, and the title thereof agreed to.

On motion of Mr. Dewey,

The council proceeded to the consideration of executive busi

ness;

And having disposed of the same.

On motion of Mr. Whiton,

No. 31, "A bill to provide for the election of county attorneys;" was taken

up;

And the question being on concurring in the amendments of the house of representatives to said bill,

The same were concurred in by the council.

Mr. Whiton, from the committee on enrolled bills, reported the following entitled bills as correctly enrolled, to wit:

Bill No. 44, "A bill relative to the assessors of Crawford County;"

No. 26, "A bill to a amend an act of the statutes of Wisconsin relating to the militia;" and

No. 59, "A bill to authorize the erection of Pike Creek."

bridge across

The following entitled bills were then taken up, and severally read the first and second time, viz:

No. 18, (H. of R.) "A bill to provide for laying out the several territorial roads therein mentioned;"

No. 41, (H. of R.) "A bill for an act to make valid the official acts of Frederick Borcherdt, a justice of the peace;"

No. 32, (H. of R.) "A bill for an act to amend an act entitled "an act for opening or vacating public highways,' and the acts amendatory thereto;" and

No. 36, (H. of R.) "A bill to provide for the payment of fees for the subdivision of sections of land into half sections and quarter sections."

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

No. 62, "A bill to amend an act entitled 'an act to change the time of holding courts in certain counties of the second judicial district,' and to provide for a change of venue in criminal cases;"

On motion of Mr. Dewey,

Said bill No. 62, was taken up and read the third time;
And the question being on the passage of the same,

Mr. Whiton obtained the unanimous consent of the council to add the following as an amendment to said bill, viz:

"Sec. 2. The seventy-first section of an act entitled 'an act concerning costs and fees,' is hereby repealed, and no costs shall be taxed in the supreme or district courts without sufficient notice being given to the adverse party, or his attorney, of the time and place of such taxation, if such party or his attorney resides within the county in which the judgment was recovered.

Sec. 3. In all cases in the supreme court, where the judgment of the court below is affirmed, the supreme court may issue execution, directed to the sheriff of the proper county, returnable to the office of the clerk in ninety days from its date; and the clerk of the supreme court is authorized to issue execution, directed to

the sheriff of the proper county, for all bills of cost in the supreme
court, after they shall have been taxed according to law."
The bill, as amended, was then passed;

And the question being on agreeing to the title thereof,
On motion of Mr. Whiton,

The same was amended by adding the words, "and for other purposes;"

And the title, as amended, was then agreed to.

Mr. Dewey, from the committee on engrossed bills, reported as correctly engrossed, the following, viz:

"Resolutions relative to the bonds issued for the completion of the capitol."

On motion of Mr. Strong,

So much of the 30th rule of the council, as declares that bills not analagous in their nature shall not be considered in committee of the whole at the same time, was suspended, so far as the bills and resolutions now ready to be considered, were concerned; and,

On motion of Mr. Strong,

The council resolved itself into a committee of the whole, for the consideration of the following entitled bills, resolution and memorial;

Mr. Dewey in the chair:

No. 57, "A bill to amend 'an act authorizing Samuel H. Farnsworth to build and maintain a dam on the Menomonee river;""

No. 36, "A bill to repeal an act entitled 'an act to amend an act entitled an act to prescribe the mode of proceeding in chancery, and for other purposes,' approved 13th January, 1840;"

No. 38, (H. of R.) "A bill to repeal an act concerning the admission of attorneys at law, and for other purposes;"

No. 10, (H. of R.) "A bill concerning removals from office;" No. 42, (H. of R.) "A bill for an act authorizing the governor to offer rewards for the apprehension of criminals in certain cases;" No. 2, (H. of R.) "A bill supplementary to ‘an act to amend an act for assessing and collecting county revenue;""

No. 31, (H. of R.) "A bill to provide for laying out and establishing territorial roads therein named;"

No. 36, (H. of R.) "A bill to provide for the payment of fees