So the resolution was rejected. Mr. Crocker, on leave granted, offered the following, entitled Bill No. 8, "A bill to authorize Henry Sanders Brown to change his name;" Which was read the first and second time. On motion of Mr. Newland, The rule of the council which provides that bills and joint resolutions shall not receive their second and third reading on the same day, was suspended with reference to said bill No. 8, under consideration; And, on motion, the bill was read the third time. The question then being-"Shall the bill pass?" On motion of Mr. Crocker, The same was laid on the table. Mr. Martin gave notice that on some future day, he should ask leave to introduce the following entitled bills: "A bill to amend the act to organize the county of Winnebago," and "A bill to change the boundaries of certain towns therein named." On motion of Mr. Rountree, The council adjourned until seven o'clock, P. M. SEVEN O'CLOCK, P. M. Mr. Crocker, on leave, presented A petition from James Y. Watson and others, praying for an amendment of the acts relative to common schools, and the act relative to township government; and moved its reference to the select committee on township government. The motion was agreed to, and reference was made accordingly. A message in writing from his excellency the governor, was delivered by his private secretary, Charles Doty, in answer to a resolution of the council of the 10th instant; which was read, and, together with the accompanying documents, was laid on the table. Mr. Crocker offered the following resolutions, which were adopt ed: Resolved, That the Milwaukee and Rock River Canal Company be requested to communicate to this house, a statement, in detail, of the expenditures of said company, showing how much has been expended for work done on the canal, under contract or otherwise; how much for salaries and compensation of officers and agents; how much for obtaining the grant of lands from congress; how much in making the survey and location of said canal, and how much for printing and other incidental expenses. That said company further communicate, how much money has been expended by them for the purposes aforesaid; how much furnished by the territory, and how much is now due contractors and others for work done on said canal. That said company further communicate the number of leases by them executed, of water power on said canal, together with the terms of said leases, showing the quantity of water leased, and the amount of rent paid or agreed to be paid by the several lessees. That the said company further communicate, upon what terms they will surrender to the territory the privileges of their charter; their interest, if any, in the canal lands; the water power created by the canal, and the lease of said water power already executed. Resolved, That the secretary furnish to the president of the Milwaukee and Rock River Canal Company, a copy of the foregoing resolution. On motion of Newland, The council resumed its session in committee of the whole, for the consideration of "Joint resolutions relative to the north-western boundary of Wisconsin, and the treaty of 1842;" Mi. Newland in the chair. The committee after some time rose and reported back to the council said resolutions with amendments; in which they asked the concurrence of the council. The question being-" Will the council concur in the amendments of the committee of the whole to said joint resolutions?" It was decided in the affirmative, and the amendments were concurred in. Said resolutions, as amended, were as follows: Resolved, by the council and house of representatives of the territory of Wisconsin, that the treaty to settle and define the boundaries between the territories of the United States, and the possessions of her Brittanic Majesty in North America, &c., &c., concluded at Washington, on the 9th day of August, A.D. 1842, between Daniel Webster on the part of the United States, and Lord Ashburton on the part of Great Britain-by defining as the boundary between the United States and Great Britain, from Lake Superior to the Lake of the Woods, a line from "the mouth of Pigeon river, and up the said river to and through the north and south Fowl Lakes, to the lakes of the height of land between Lake Superior and the Lake of the Woods; thence along the water communication to Lake Saisaginaga, and through that lake; thence to and through Cypress Lake, Lac du Bois Blanc, Lac la Croix, Little Vermillion Lake, and Lake Namecan, and through the several smaller lakes, straits or streams, connecting the lakes here mentioned to that point in Lac la Pluie or Rainy Lake, &c., surrenders to the British government, without the slightest equivalent, the extensive tract of country lying between the aforesaid boundary, and the water communication from Lake Superior by way of the Kamanistiquia river and the Long Lake (now sometimes called Dog Lake,) to Lac la Pluie or Rainy Lake, and bounded on Lake Superior and its bays, for a distance of fifty miles or more, and especially that portion of said tract of country, which lies between the two channels of Pigeon river—all of which extensive tract of country was clearly witin the limits of the United States, as defined by the treaty of 1783; within the limits of the territory of Wisconsin, as established by the act of congress approved April 20, 1836, and June 12, 1838, within the boundaries of the fifth state, to be established in the territory northwest of the Ohio river, as prescribed by the ordinance of July 13, 1787, and which, by said ordinance, are to be the boundaries of the future state of Wisconsin. Resolved, That the understanding, expressed in the concluding paragraph of the second article of said treaty of 1842, "that all the water communications and all the portages along the line from Lake Superior to the Lake of the Woods, and also Grand Portage, from the shore of Lake Superior to the Pigeon river, as now actually used, shall be free and open to the use of the citizens and subjects of both countries," is a concession to the British gov ernment, without compensation or equivalent, of the free and open use of the territory of the United States, which, previous to the treaty, was under the jurisdiction of this Territory, and which was abandoned in 1802 by British subjects, solely for the reason that by the treaty of peace of 1783, and Jay's treaty of 1894, the territory was clearly placed within the limits of the United States. Resolved, That the treaty of August 9th, 1842, is a violation of said ordinance of July 13th, 1787, which is paramount to the constitution of the United States, which was formed September 17th, 1787, and that the treaty making power contained in the constitution does not and cannot confer upon the president and senate of the United States, power to take away from the people of the "North-West Territory," (of which Wisconsin is now the only remaining part,) who were not parties to the constitution, any portion of the territory or jurisdiction which is conferred upon them by the ordinance of 1787, which is older than, and paramount to the constitution of the United States. Resolved, That the treaty of August 9th, 1842, so far as the same surrenders to the British government any tract of country to which they had not a title by the treaty of 1783, and so far as it concedes to the British government the free and open use of portages and water communications, to the free and open use of which that government was not entitled by the treaty of 1783, is a palpable violation of the established rights of the people of the territory of Wisconsin, and of the people who shall form the fifth state in the North-West Territory; and as such, the territory of Wisconsin, speaking through her representatives in the legislative assembly of the territory now here, makes her solemn protest against it; and declares that in those respects, the said treaty is unjust, unauthorized and void, and is not obligatory upon the people of the territory of Wisconsin, and will not be respected or observed by the people of the future state of Wisconsin, but that the said state of Wisconsin will, and of right may, exercise jurisdiction over all such territory, water communications and portages, as were within the jurisdiction of the United States under the treaty of 1783. Resolved, That the government of the United States be requested, at the earliest opportunity, by negotiation with the British gov ernment, or otherwise, to restore to the people of this territory their boundary as defined by the treaty of 1783, of which the treaty of 1842 attempts unjustly to deprive them. Resolved, That, as an evidence of the gratitude of the legisla. tive assembly to the Hon. Thomas H. Benton, for his efforts in the senate of the United States to prevent the ratification of the treaty of 1842, and of his persevering efforts in the same body, since its ratification, in exposing to the country the unjust and treacherous surrender of American rights of soil and jurisdiction in the vicinity of the United States boundary between Lake Superior and the Lake of the Woods, to British exaction; a copy of these resolutions, certified by the secretary of the council and chief clerk of the house of representatives, be forwarded to him, with a request that he will present them to the senate of the United States. The question then being on the adoption of said resolutions as amended, Mr. Barber moved that they be indefinitely postponed; And the ayes and noes being called, the result was as follows, viz: Those who voted in the affirmative, were Messrs. Barber, Crocker, Heath, Hugunin, La Chapelle, Rountree and White-7. Those who voted in the negative, were Messrs. Newland, and Strong, (Pres't) 2. The council adjourned. MONDAY, March 13, 1843. The council met pursuant to adjournment. The journal of the preceding day having been read, Mr. Crocker presented the account of Charles C. Sholes, for printing the laws of the session of 1841-2; |