The Governor having been notified of the organization of the two Houses, delivered his message in person on the second day of the session.

The message suggested the propriety of the passage of a resolution, recommending to the electors to determine by their votes at the next election, whether they were for or against the organization of a state government.

It recommended the propriety of memorializing Congress for an appropriation of $30,000 for the erection of a penitentiary in the Territory; also for suitable appropriations for the improvement of the navigation of the Fox River of Green Bay, the Wisconsin, Rock, Peckatonica and Platte Rivers and the river of the Four Lakes; for the construction of harbors on Lake Michigan; for additional appropriations for the construction of the Territorial road from Milwaukee by way of Madison to a point opposite Dubuque, and from Racine by Janesville to Sinipee, and for a further appropriation for the survey of a railroad from the town of Milwaukee to the Mississippi river.

The message presented for the serious consideration of the Legislative Assembly the embarrassed state of the currency, and that a forced sale of property under the existing execution laws, would deprive the debtor of the means of support, and in many cases prevent the creditor from the recovery of his debt, and suggested that if a stay of twelve months could be given on execution, upon proper security, that no injustice would be done to the plaintiff; while in legislative action between debtor and creditor, a due regard should be had for the rights of both.

It recommended to the Legislative Assembly the propriety of taking such legal measures as they might deem necessary to ascertain the true state and condition of the Bank of Mineral Point.

The propriety of again memorializing Congress for an extension of the right of pre-emption to miners in possession of mineral lots, was called to the attention of the Legislative Assembly.

It also stated that the commissioners appointed to locate a portion of the University lands, not having been officially notified of their appointment, their duties remained unperformed, and it recommended the propriety of adopting such measures as would ensure an early location of these lands. The various parts of the message were referred in each house to different committees."

The excitements and animosities developed in the election campaign of the preceding August were visible in their effects during the winter of 1839-40.

During that campaign the conduct of Judge Dory in relation to land titles at Madison, as well as that in relation to his office as one of the commissioners of public buildings and treasurer had been assailed.

In defending himself in the newspapers against the charge in relation to the land titles he imputed to Gov. STEVENS T. MASON of Detroit, who with Judge Dory had originally made a joint purchase from the United States of the land in question, a disposition to swindle the public and the Judge out of the property.

Gov. MASON on the eve of his departure from Detroit, on what proved to be an extended absence, characterized the publication of Judge Dory in opprobrious terms and stated that at an early day an explicit statement of the transaction between DOTY and himself would be submitted, and in conclusion asked

"

A suspension of judgment by a public who are too intelligent to be misled by the misrepresentations of a designing knave."

On his return to Detroit in November, Gov. MASON published another card in the papers in which he stated that his promised reply had been prepared, but before its publication the controversy had assumed a judicial character, and that a proper respect for the court induced him to refrain from any publication of the facts in the case. He had, how

ever, he stated, placed on the records of the court a full reply to DoTy's allegations and he hoped at a becoming time his attorney would

"Lay it before the people of Wisconsin that they may see reflected in the person of their delegate in Congress the features of a liar, a calumniator and a swindler."

The controversy about the land titles was in some manner settled, so that it never reached a judicial determination, but in connection with the troubles growing out of the erection of public buildings at Madison, had a marked effect upon the action of the Legislative Assembly at its session of 1839-40. Indeed the investigation of matters connected with the building of the capitol occupied much of the time of that session.

Comparatively little work had been done upon the Capitol after the adjournment of the second session in March and the commencement of the third session in December. The new commissioners had no public funds, and the total expenditures on the Capitol to fit it for the reception of the Legislature was only $231, and this was advanced by the new commissioners.

The commissioners elected at the preceding session of the Legislative Assemby submitted to the Governor a report, dated July 16, which stated that the board met on the 8th of May, and elected N. C. PRENTISS acting commissioner, and J. L. THAYER, treasurer; that they had been assiduous in their efforts to settle the accounts of the former board, which had all proved unavailing, and they had been unable to obtain a meeting with them, or with the contractor, who was doing nothing in execution of his contract to complete the Capitol by the 20th of September.

Another report was made by the new commissioners to the Legislative Assembly on the 2d of December, in which the statement of their unavailing efforts at settlement is repeated, followed by a statement that in September a suit was instituted in the name of the Territory against the former commissioners for the recovery of the public moneys in their hands. The suit was still pending, and the commissioners predicted that the Territory would be debarred from the use of the money in the bands of the late treasurer and contractor until it should be recovered by the force of an execution.

A suit, they state, had also been commenced against

JAMES MORRISON, the contractor, for a breach of contract, and for the recovery of the public moneys in his hands.

This report further states that the contract of JAMES MORRISON for completing the Capitol expired on the 20th of September. That on the 23d of September the commissioners took possession of the building after having been refused by the agent of the contractor. That soon after MORRISON broke the lock of the door and took forcible possession of the building. That they commenced an action of forcible entry and detainer, obtained a writ of restitution, by means of which they regained possession of the Capitol, which they had ever since retained, and commenced fitting it up for the reception of the Legislature.

The report further states that from a continued chain of circumstances and a variety of facts

"We are unhesitatingly of the opinion that a co-partnership has existed and does still exist between the late board of commissioners and the contractor, and that the late board have been during their continuance in office acting in the double capacity of commissioners and contractor, showing a fraudulent design to speculate and trade upon the funds of the Territory without regard to its best interests."

The report gives a statement of the receipts of the old board of commissioners, and an estimate of their expenditures and shows the sum of $21,345.40, in the hands of the former commissioners and contractor, the prospect of collecting which is such (they state)

"That we believe the Capitol must remain for some time to come in its present unfinished condition and the Territory in the unfortunate situation of a party in suits that have already been commenced and are now pending."

The first report of the commissioners to the Governor was submitted by him to the Legislative Assembly with his annual message and a statement that it was due to the people

"That proper measures should be adopted to ascertain what disposition had been made of that part of the appropriation which had not been accounted for."

During the first week of the session a resolution was offered in the House instructing a committee to inquire into the expediency of bringing in a bill to provide for the removal of the seat of government, which having been amended by adding "and of converting the present public buildings into a penitentiary" it was lost by a vote of

9 to 16.

So much of the Governor's message as relates to the public buildings, having been referred in the House to a select committee consisting of Messrs. CRUSON, SHEW and JENKINS;