No. 6. "Preamble and resolutions relative to a survey of the public lands;"

Which was read the first and second times.

Mr. Ellis, by leave, presented the petition of citizens of Brown county, praying the repeal of the law organizing the counties of Fond du Lac, Manitouwoc, and Sheboyagan; which was read and laid on the table.

Mr. Darling, by leave, presented the remonstrance of inhabitants of Fond du Lac, against the reannexation of Fond du Lac county to the county of Brown; which was read and laid on the table. And then the House adjourned.

Wednesday, January 12, 1842.

Mr. Ray presented a communication from L. Blossom, Jr. clerk of the board of county commissioners of Milwaukee county, containing an abstract of the votes given in said county for and against the adoption of an "Act to provide for the government of the several

towns in Wisconsin Territory, and for the revision of county government."

Which was referred to the joint committee on that subject.

On motion of Mr. Ellis,

The petition and remonstrance of citizens of Brown county and of Fond du Lac county, were taken up and referred to the committee on the Judiciary.

Mr. Giddings presented a remonstrance of the citizens of Sheboyagan against the repeal of an act ornanizing the counties of Manitouwoc and Sheboyagan; which was referred to the committee on the Judiciary.

Mr. Batchelder presented the affidavit, petition and bond of Thomas Fowlestone, relative to a divorce: which were referred to the same select committee to which his previous petition was referred, namely Messrs. Batchelder, Ray, and Gray.

On motion of Mr. Ellis,

Resolved, That the use of this Hall be given to the Territorial Temperance Society, this afternoon and evening, for its anniversary meeting.

Mr. Sutherland presented a petition and accompanying papers of Asa Bunce, for a divorce; which were referred to the following select committee, viz: Messrs. Sutherland, Jenkins, and Eastman.

Mr. Rockwell, from the committee on engrossed bills, reported the follownig preamble and resolution, to be properly engrossed, to wit: No. 2. Preamble and resolution relative to a penitentiary.

The said preamble and resolution were read the third time, passed, and the title thereof agreed to.

Ordered, That the clerk request the concurrence of the Council therein.

The undermentioned bills by leave, were severally introduced, and read the first and second times, to wit:

By Mr. Shepard: No. 10. "A bill entitled an act to repeal an act to restrain pedlars and other persons from trading without license." By Mr. Barber: No. 11. "A bill to authorize the construction of a dam across Rock river."

By Mr. Barber: No. 12, "A bill in addition to an act entitled an act to provide for laying out and establishing territorial roads therein named,' approved January 13, 1840.

The first mentioned bill No. 10, was referred to the committee on the Judiciary.

Mr. Parkison gave notice that he would on some future day by leave, introduce "A bill to amend an act entitled an act to provide for the appointment of a Territorial Treasurer and to define his duties;" also, to amend "an act to provide for the appointment of a Librarian, and for other purposes."

The undermentioned bill from the Council was read the third time, passed, and the title thereof agreed to, to wit:

No. 6, "A bill to incorporate the Trustees of the Platteville Academy."

Ordered, That the Council be requested to concur in the amendment to said bill.

Mr. Bond, by leave, introduced the following resolution:

Resolved, That the contested election from the county of Crawford and St. Croix, will be taken up on Friday, the 14th inst., after the hour for morning business has expired and on each succeeding day until the same shall be fully heard and decided.

Mr. Parkison offered the following amendment: add to the resolution the following words, to wit:

"And that all the testimony which has been taken in said contested election be printed."

After considerable debate on the resolution and amendment, in which Mr. Field appeared as counsel for contesting member, the question was taken on agreeing to the amendment and was decided in the affirmative-Mr. Brunson being excused from voting.

And the ayes and noes being called for,

Those who voted in the affirmative, are

Messrs. Barber, Batchelder, Bond, Brazelton, Brown, Burt, Darling, Eastman, Ellis, Giddings, Gray, Hackett, Jenkins, Mills, Ogden, Parkison, Parmelee, Ray, Rockwell, Shepard, Sutherland, Tripp, and Newland, speaker-23.

In the negative, Mr. Whiton-1.

The question then recurred on adopting the resolution as amended: and it was agreed to.

Mr. Giddings from the committee to which the subject was referred, submitted the following report, to wit:

The committee on Privilege and Elections to whom was referred the papers and documents in relation to the resignation or alleged resignation of the Hon. Thos. E. Parmelee, of his right to a seat in this House, and also as to the right of Elisha S. Sill to the seat now occupied by the said Parmelee:-after having the same under their consideration, would submit the following report:

That the said Parmelee did on or about the fifteenth day of September last, resign his right to a seat in this House by his note addressed to the Hon. the Board of County Commissioners of Racine county, which resignation was transmitted by the clerk of the Board of County Commissioners of said county, to his Excellency the Governor, under date of September 15, 1841, which resignation was in the opinion of a maiority of your committee valid.

It appears from the certificate of Alexander P. Field, Esq., Secretary of the Territory of Wisconsin, that the Fxecutive journal shows that an election in the county of Racine was ordered by proclamation of the acting Governor to fill two vacancies in the office of member of the House of Representatives, occasioned by the resignation of former members; and the abstract of votes given at the election in the said county on the 27th day of September, 1841, (being the annual or general election) as returned to the office of the Secretary of the Territory, by the clerk of the board of county commissioners of said county, shows that George Batchelder received 395 votes for member of the House of Representatives, and that Jonathan Eastman received 378 votes for the same office, and were both declared to be duly elected; that Elisha S. Sill received 366 votes for the same office, and that Philo Belden received 357 votes for the same office.

The third section of the act to provide for and regulate general elections, provides that the clerks of the several boards of county commissioners shall, at least fifty days previous to any general election, and at least twenty days previous to any special election, make out and deliver to the sheriff of his county, three written notices thereof, for each election precinct, which notices shall specify the name and number of offices to be filled, and as there were only twelve days from the time of the resignation of the said Parmelee to the time of holding the general election, no such notice as specified in the act, could possibly have been given, and as the proclamation of the acting Governor ordered an election for only two members of the House of Representatives, only two persons could have been elected to said office at the said election, and the abstract of votes shows that Gents. Batchelder and Eastman received the highest numbers of votes for said office and were declared duly elected. Your committee are therefore of the opinion that the certificate of the clerk of the board of county commissioners of the election of the said Sill, does not entitle him to a seat in this House. A majority of your committee would conclude their report by recommending the adoption of the following resolution:

Resolved, That the Hon. Thos. E. Parmelee is not entitled to a

seat in this House, and that the seat now occupied by said Parmelee

be declared vacant,

JOHN HACKETT,

D. GIDDINGS,

D. R. BURT.

Ordered, That said report do lie on the table.

The Speaker laid before the House the following communication from Elisha Dwelle, chief clerk of the Surveyor General's office of the Territory of Wisconsin, in answer to a resolution of this House. SURVEYOR GENERAL'S OFFICE,

Dubuque, January 8, 1842.

SIR-I have the honor, in the absence of the Surveyor General, to reply to your communication of the 21st ultimo, addressed to him, accompanied with a copy of the resolution of the House of Representatives of Wisconsin Territory, passed on the 21st of December, 1841, to wit:

"Resolved, That the Surveyor General of Wisconsin be requested to furnish this House, as early as convenient, with a statement,

"1st. Of the whole quantity of public lands in Wisconsin, as nearly as practicable, to which the Indian title has been extingushed."

In reply to which, I have to state that there is no data in this office to fix upon the amount of lands ceded to Wisconsin;-the amount of acres, are not, but in few cases, specified in the treaties, neither is this office in possession of any of the surveys of those cessions north of the Wisconsin and Fox rivers.

"2nd. The qantity of such lands that have been surveyed, discriminating between those run into sections, and those only run into townships."

The whole quantity of public lands which have been run into sections, and approved, (not including private claims,) amounts to (9,458,279 48-100 acres,) nine millions, four hundred and fiftyeight thousand, two hundred and seventy-nine and 48-100 acres. The whole estimated quantity of public lands which are only run into townships, amounts to (1,504,800 acres,) one million, five hundred and four thousand and eight hundred acres.

"3d. The quantity of such lands that have been brought into market by the Government."