"To the Legislative Council:

I nominate John V. Ingersoll, to be a district attorney for the county of Crawford, in the place of Charles J. Learned, resigned. J. D. DOTY.

Executive Department,

Madison, April 13, 1843."

On motion of Mr. Strong,

The council advised and consented to the appointment of John V. Ingersoll, to be district attorney for the county of Crawford.

On motion of Mr. Crocker,

The council advised and consented to the appointment of John Wallace Arndt, to be a notary public for the county of Brown.

SATURDAY, April 15, 1843.

The council met pursuant to adjournment.

Mr. Whiton moved, that the reading of the journal of yesterday be dispensed with;

Which motion was agreed to.

Mr. Whiton, from the committee on enrolled bills, made the following report, viz:

"The committee on enrollment report, that they did, on the 14th day of April, 1843, present to his excellency, the governor, for his approval, a bill entitled 'An act to amend an act entitled an act to provide for the government of the several towns in this territory, and for the revision of county government;' also, a bill entitled 'An act authorizing the governor to offer rewards for the apprehension of criminals in certain cases;' also, a bill entitled 'An act to provide for completing a new roof on the capitol, and for other purposes.'

EDWARD V. WHITON, Chairman of the committee on the part of the council. ROBERT M. LONG,

Chairman of the committee on the part of the house."

On motion of Mr. Whiton,

The council took a recess till 2 o'clock, P. M.

TWO O'CLOCK, P. M.

Mr. Strong, from the committee on the judiciary, to which had been referred bill No. 49, (H. of R.) "A bill concerning the time of commencing actions, and for other purposes," had leave to report;

And he thereupon reported said bill back to the council, and recommended that the same be indefinitely postponed.

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

"Mr. President: The house of representatives have insisted on their second, third, eleventh, fourteenth, fifteenth, twentieth, and twenty-fourth amendments to bill No. 65, (of this house,) ‘A bill to provide for the payment of the expenses of the legislative assembly;" have receded from their twelfth and thirteenth amendments; have non-concurred in the amendments of this house to the sixteenth and twenty-seventh amendments of the house of representatives; and have amended the amendments of this house to the sixth, twenty-fifth and twenty-sixth of the amendments of the house of representatives; in which amendments to the amendments of the council, the concurrence of this house is asked."

Mr. Crocker, from the committee on enrolled bills, reported as correctly enrolled, bills and a memorial, with the following titles, viz:

"An act to organize the town of Pike, in the county of Racine, and to annex certain land to the town of Southport, in said county;"

"An act to make valid the official acts of George McWilliams, Edwin Hart, and Lyman Crossman;"

"A memorial to congress relative to the improvement of Fox river."

On motion, bill No. 65, (C.) "A bill to provide for the expenses of the legislative assembly," returned from the house with amendments, was taken up.

Mr. Strong moved, that the council recede from the amendment made to the second amendment of the house to said bill,

being an item to J. G. Knapp of "twenty-one dollars," for "reading revised proof of the laws," &c.

And the ayes and noes having been called, they were as follows:

Those who voted in the affirmative, were

Messrs. La Chapelle, Rountree, Strong, White, and Martin, (Pres't,)-5.

Those who voted in the negative, were

Messrs. Barber, Crocker, Dewey, Heath, Hugunin and Whiton -6.

So the council refused to recede from their said amendment. On motion of Mr. Strong,

A call of the council was ordered, and Mr. Newland was reported absent; and the sergeant-at-arms was directed to inform Mr. Newland that his attendance was required in the council.

Mr. Newland having taken his seat, further proceedings under the call were suspended.

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

"To the Legislative Council:

}

I return herewith the bill entitled 'An act to abolish certain of fices therein named," which origined in the council.

The first section abolishes the office of district attorney, and transfers his duties to such attorneys as may be employed by the board of supervisors or county commissioners, in each county.

Those duties are prescribed in the third section of an act concerning the attorney general and district attorneys, and are as follows:

"It shall be the duty of the said district attorneys to prosecute or defend in all courts of the district for which they may be respectively appointed, all suits, applications, or motions, whether civil or criminal, in which the United States, the territory, the county, or any township is interested or a party, and give their advice to the civil officers of their respespective districts, touching any matter in which the public have an interest."

The attorney who is to be employed by the board will perform the duty, and receive the pay of an officer. I cannot therefore, and from the character of his duties, but regard him as a judicial

or civil officer, who must, according to the act of congress to establish the territorial government of Wisconsin, be appointed by the governor and council, and be commissioned by the governor.

Where there are several counties in the same judicial district, it will be impossible to determine which board shall "employ” the attorney to attend to the suits in the district court in which "the United States or the territory may be interested, or a party."

The territorial government ought, in my opinion, to select the person to represent the territory and protect its interests in the courts; and I believe that this power cannot be delegated with safety to those interests.

The 2d section repeals so much of the act above cited as fixes the salary of the attorney general at two hundred and fifty dollars, and declares that he "shall hereafter receive such compension for his services as the legislative assembly may think proper." If it is intended that the "legislative assembly," as here used, shall be construed to mean the council and house of representatives, I must express my dissent to this provision, as it would exclude the governor from a joint participation with them in the exercise of a legislative power conferred upon him and them by the act of congress.

The regulation of the salaries of public officers, involving as it does the amount of taxes to be assessed upon the people, is a measure of vital importance to the public interests, and upon which they are entitled to receive the action of the three branches of the legislature. And I cannot but think that such a provision as this, if it was extended to all the public officers, would affect, if not destroy, their independence. Uncertain pay generally commands only the worst service.

In this provision there is no limitation of the amount which the assembly might think proper to allow for the services of the attorney general; and of course there is no limitation of the amount which the people may be taxed therefor.

For these reasons I cannot approve this bill.

Executive Department,

Madison, April 14, 1843.")

J. D. DOTY.

The council resumed the consideration of bill No. 65 (C.) and the amendments made by the house thereto.

Mr. Strong moved, that the council insist on its vote, refusing concurrence in the 20th amendment of the house to said bill; being an item for J. G. Knapp, of "two hundred and fifty dollars." The motion was laid on the table.

On the question, "will the council recede from its disagreement to the 3d amendment of the house? "being an item of "twenty-five dollars" to J. G. Knapp, "for providing copy of the laws," &c.,

The ayes and noes were called, and were as follows:

Those who voted in the affirmative, were

Messrs. La Chapelle, Newland, Rountree, Strong, White, and Martin, (Pres't,)-6.

Those who voted in the negative, were

Messrs. Barber, Crocker, Dewey, Heath, Hugunin, and Whiton-6.

So the council refused to recede.

The question, "will the council recede from its disagreement to the 11th amendment of the house?" being an item to John Catlin, "for preparing the journal," &c.,

Was decided in the negative.

The council, on motion, receded from its disagreement to the fourteenth amendment of the house, being an item "for books for the library."

On motion, the council refused to recede from their vote refusing to concur in the fifteenth amendment of the house, being an item for "David Lambert for printing," &c., "sixty-one dollars and seventy-five cents."

On motion, the council refused to recede from their vote, refusing to concur in the twentieth amendment of the house, being an item for J. G. Knapp, "for transcribing the journals," &c.

And the ayes and noes having been called on the question, they were as follows:

Those who voted in the affirmative, were

Messrs. Strong and Whiton-2.

Those who voted in the negative, were

Messrs. Barber, Crocker, Dewey, Heath, Hugunin, La Chapelle, Newland, Rountree and Martin, (Pres't,)—10.

On motion, the council refused to recede from their vote, non