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To the House of Representatives,

of the Territory of Wisconsin,

In reply to the resolutton of the House of the 26th instant, a copy of a letter to the Governor of Michigan from the Governor of this Territory, is herewith submitted. I have no knowledge of any other correspondence under the resolution of the Assembly passed on the 13th February, 1841.

It does not appear from the records or files of this office, that an answer has been given by the Governor of Michigan, or that the Legislature of Michigan has taken any action on the subject.

Executive Office, Madison, Jan'y 27, 1842.

[COPY.]

J. D. DOTY.

EXECUTIVE DEPARTMENT, Mineral Point, March 10, 1841.

To His Excellency, the Governor of Michigan:

Sir, I have the honor to transmit the enclosed copy of a resolution of the Legislative Assembly of this Territory, in relation to the north-eastern boundary of the Territory, and to request that it be submitted to the Legislature of Michigan.

I have the honor to be, with the highest respect,

Your ob't servant,

(Signed)

Which were read and laid on the table.

HENRY DODGE.

Mr. Giddings presented the petition of citizens of Portage county, praying the passage of a law to authorize a special election in said county; which was laid on the table.

Mr. Whiton from the Judiciary committee to which the subject was referred, made the following report:

The committee on the Judiciary to whom was referred a petition from G. W. Arms and others, asking the Legislature to pass an act for the relief of Sarah A. Phœnix,

Report, that they are of opinion that the act called for ought not to pass, for the reason that the Legislature ought not to interfere to alter the descent of property as fixed by law. The petition asks the Legislature to pass an act giving a certain conversation which was

had between the late Mr. Samuel F. Phoenix and his brother, the effect of a non-cuputive will, when by the general law of the Territory in relation to that subject, it should not have that effect.

The committee are of opinion that the Legislature has not the power, if it has the disposition to pass such a law, as the effect of it would be to take property from one person and give it to another. If Mr. Phoenix did in fact make a will in accordance with the law of the Territory, his property must be disposed of according to its provisions. If he did not, his property must go to his heirs, and any attempt by the Legislature to take property that has become theirs by the decease of Mr. Phoenix, and give it to other persons would be without effect. The committee herewith submit the testimony taken in the case, and ask to be discharged from the further consideration of the subject.

All which is respectfully submitted

The report was adopted, and the committee discharged from the further consideration of the said petition.

The hour devoted to the transaction of morning business having expired;

The undermentioned bill from the Council, was ordered to a third reading.

And on motion of Mr. Whiton, was read the third time, passed, and the title thereof agreed to, to wit:

No. 1. "A bill to amend the act of the Revised Statutes entitled an act concerning the writ of attachment."

Ordered, That the clerk request the Council to concur in the amendment to the said bill.

The House then resumed the consideration of resolution No .5, entitled "Resolution relative to the removal of the Indians," when

Mr. Whiton moved to adjourn, which was disagreed to.

On motion of Mr. Shepard,

A call of the House was made, and the sergeant-at-arms sent to inform the absent members that their attendance was required in the House.

And after the House had waited some time for the members sent

for to appear, further proceedings in the call of the House were dispensed with.

Mr. Brown renewed his motion made on yesterday, to amend the. resolution by inserting the following as the third resolution:

Resolved, That the Senate of the United States is earnestly solicited to ratify the treaty made in July last, with the Sioux of the St. Peter's river, as it will afford the Government the means of favorably locating the Indians yet in this Territory with a view to their future permanency and ultimate civilization.

Mr. Whiton renewed his motton to amend the amendment by adding thereto the following words:

"And the benefit of the American Fur Company."

And pending the question thereon the following message was recceived from the Council by their Secretary:

"Mr. Speaker,-The Council have passed bills as follows, in which I am directed to ask the concurrence of this House, viz:

No. 3. A bill to repeal an act entitled "an act concerning the lien of mechanics and others, for the cost of repairs and improvements on real estate."

No. 23. A bill to amend the act of Revised Statutes concerning the Supreme and District Courts.

And have negatived resolution No. 7, of this House, entitled "Resolution relative to the payment of certain bonds issued for the completion of the Capitol."

The question was then taken on agreeing to the amendment and it was determined in the negative.

Mr. Whiton then moved the previous question which was put in these words, "shall the main question be now put?" and was determined in the negative.

And the ayes and noes having been called for,

Those who voted in the affirmative, are,

Messrs. Batchelder, Bond, Darling, Ellis, La Chappelle, Ogden, Ray, Rockwell, Shepard, Sutherland, and Whiton.-11.

Those who voted in the negative, are,

Messrs. Brazelton, Brown, Burt, Dewey, Eastman, Giddings, Gray, Hackett, Jenkins, Mills, Parkison, and Newland,speaker.-12.

The previous question not having been sustained, the resolution lies over until to-morrow.

The undermentioned bills from the Council were severally read the first and second times:

No. 3. "A bill to repeal an act entitled an act concerning the lien of mechanics and others, for the cost of repairs and improvements on real estate."

No. 23. "A bill to amend the act of Revised Statutes concerning the Supreme and District Courts."

On motion of Mr. Batchelder,

The House resolved itself into the committee of the whole House, Mr. Hackett in the chair, having the following under consideration, to wit:

No. 22. "A bill to organize certain towns in the county of Racine," and after a short time, the committee rose and by their chairman reported the bill with amendments.

Which were agreed to and the bill ordered to be engrossed for the third reading.

On motion of Mr. Batchelder,

And by the special order of the House, the said bill was read the third time, passed, and the title thereof agreed to.

Ordered, That the Council be requested to concur in the said bill. A message was received from the Governor by his private secretary, in answer to the resolution of the House, passed January 27, touching the manner and extent of the issuing of bonds and negotiation of the same, under color of the several acts to provide for the construction of the Milwaukee and Rock river canal.

[See appendix, document L.]

And then the House adjourned until half past 2 o'clock, P. M.
HALF PAST 2 O'CLOCK, P. M.

On motion of Mr. Dewey,

A call of the House was made, and pending the question to send the sergeant-at-arms to notify the members that were absent, that their attendance was desired in the House; a motion was made by Mr. Dewey to excuse Messrs. Gray and Burt from attendance in the House this afternoon.

And thereupon Mr. Burt was excused, and Mr. Gray was not excused.

The sergeant-at arms was then sent to notify Messrs. Eastman, Gray, Jenkins, Shepard, and Tripp, the members absent, that their attendance was required in the House.

On motion of Mr. Giddings,

Ordered, That the message of the Governor and accompanying documents be referred to the committee on territorial affairs, and that the same be printed.

On motion of Mr. Giddings,

The House resolved itself into the committee of the whole House, Mr. Brown in the chair, for the consideration of the following bill from the Council, to wit:

No. 17. "A bill for the relief of Portage county;" and

After some time spent therein the committee rose and reported the bill with amendments.

On the question of agreeing to the amendments, the ayes and noes were called for, and were as follows:

Ayes-Messrs. Barber, Brown, Batchelder, Bond, Brazelton, Darling, Eastman, Ellis, Giddings, Hackett, Jenkins, La Chappelle, Ogden, Parkison, Ray, Rockwell, Sutherland, and Newland, speaker, 18. Noes-Messrs. Dewey, Gray, Mills, Shepard, and Whiton, 5. So the amendments were agreed to.

The sergeant-at-arms reported that Mr. Tripp was indisposed, and that Messrs. Eastman, Gray, Jenkins, and Shepard, were in attendance.

Mr. Tripp was then excused from attendance in the House.

Mr. Whiton moved that the said bill (No. 17, C. F.) do lie on the table.

And the question being taken,

It was determined in the negative, ayes 3, noes 20.

And the ayes and noes having been called for,

Those who voted in the affirmative are,

Messrs. Barber, Gray, and Whiton, 3.

Those who voted in the negative are,

Messrs. Batchelder, Bond, Brazelton, Brown, Darling, Dewey,

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