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Wednesday, February 9, 1842.

On motion of Mr. Shepard,

Leave of absence was granted to Mr. Parkison, until to-morrow. Mr. Darling presented the following accounts of W. T. Sterling, to wit: For distributing to the several counties the laws passed at the session of 1840 and '41; and for furnishing lumber, &c. for the use of the Library.

Which were referred to the committee on Public Expenditures. Mr. Hackett from the committee on enrolled bills reported the following to be correctly enrolled:

"An act for the relief of Portage county."

"An act to amend an act entitled an act to change the corporate limits and powers of the town of Green Bay."

"An act to amend an act entitled an act to incorporate the village of Racine."

Which were signed by the speaker and ordered to be presented to the President of the Council for his signature.

Mr. Ellis from the committee on Territorial Affairs, to which the subject was referred, reported memorial No. 4, entitled "Memorial praying Congress to amend the act of Congress creating the Territorial Government so as to shorten the term of service of the members of the Legislative Assembly, and to allow the people to elect all civil and military officers."

Which was read the first and second times.

Mr. Ellis from same committee to which were referred a petition and remonstrance of citizens of Dodge county, praying for and remonstrating against the location of the county seat of said county, reported that the prayer of the petitioners ought not to be granted. The report was adopted, and the committee discharged from the further consideratton of the subject.

Mr. Ellis from the same committee to which the subject was referred, reported memorial No. 5, entitled

"Memorial asking Congress to grant 500,000 acres of land to be applied to certain works of internal improvement."

Which was read the first and second times.

Mr. Ellis from the same committee to which was referred a resolution, made the following report:

The committee on Territorial Affairs, instructed by resolution of the House of the 22d Dec. last, to inquire what action, if any, is necessary on the part of the House "in relation to making provisions for the reception of any moneys to be divided to the territory of Wisconsin, by virtue of the act of Congress of 4th September last, to appropriate the proceeds of the sales of the public lands, and to grant pre-emption rights, respectfully REPORT:

That in the opinion of the committee, the act referred to is calculated to work serious injury to the Territory, and ought to be repealed. They therefore think it unadvisable for this House to take any action in the premises, and ask to be discharged from the further consideration of the subject.

Respectfully submitted in behalf of the committee.

And pending the question on agreeing to the report;
Mr. Jenkins offered the following resolutions:

Resolved, That Congress have no constitutional authority to dispose of any part of the property of the General Government, except for national purposes.

Resolved, That this Legislature will not appoint, and the Executive of this Territory be not empowered to appoint an agent to receive such portion of the proceeds of the sales of the public lands as may be appropriated to this Territory, under the late act of Congress, approved Sept. 4, 1841.

Resolved, That our Delegate in Congress be requested to use his efforts to procure a repeal of the said law.

Ordered, That the said report and resolutions do lie on the table. Mr. Ellis from the committee to which was referred bill No. 7, (C. F.) entitled "a bill to provide for the relief of purchasers of canal lands," reported the same back to the House without amendment. Mr. Ellis from the committee to which the subject was referred made the following report:

The committee on Territorial Affairs, instructed by resolution of the House, adopted on the 26th ult. to inquire and report:

1. What amount of bonds have been issued under the provisions of the several acts authorizing the Governor to issue bonds, for the completion of the Milwaukee and Rock River Canal?

2. What amount of said bonds have been negotiated, and by whom? 3. What amount of money and what kind, has been received therefor?

4. What amount of said bonds are unnegotiated and where they are? 5. What amount of money has been received from sale of the Canal lands?

6. What amount of said monies have been paid out for the construction, of said Canal; and what has become of the balance, if any?

7. What amount has been expended on said Canal, by the Canal Company?

8. What part of said Canal has been completed?

9. Whether the Territory will ever derive any profit from the proceeds of the said Canal?

10. What right the Canal Company has to sell the Hydraulic Power, created by said Canal?

11. What interest the Territory will become liable to pay within two years, for and on account of any debt contracted for and on be. half of the said Canal?

12. On what terms the said Canal Company will settle with the Territory?

And which was further instructed by resolution of the House adopted on the 31st ult., to inquire generally into the nature of the connection of the Territory with the Canal Company-what action is necessary on the part of this House in relation thereto, and to report by bill, resolution, or otherwise, make Report, as follows:

The inquiries addressed to them are so extended, and require such minute investigation of the history of this vexed question, that the committee do not flatter themselves, in the brief space of time allowed them, that full justice is done to the subject.

The sources of information had recourse to, are as follows: to the

several acts of the Legislative Assembly to aid in the construction of the Milwaukee and Rock River Canal Company.

To the several Reports of the Engineers, Canal Commissioners and President of said Company, submitted at various times to the Assembly; and particularly to two documents submitted to the Assembly, and one to the Executive, by Byron Kilbourn, President of the said Company, at the present session.

To a document herewith submitted, laid before a committee of the other branch of the Assembly, having a similar inquiry in charge, by the Hon. J. H. Tweedy, Receiver of the Canal Fund.

To a document (herewith submitted) in reply to a letter of the Chairman of this Committee, by the same gentleman.

To a letter of M. M. Jackson, Esq. Attorney General of the Territory, in reply to one of said Chairmen.

To a letter (herewith submitted) of the Territorial Engineer, Thomas L. Ogden, Jr., in reply to one of said Chairmen, and to the several communications of his Excellency the Governor, made to the two Houses this session, on this subject.

To all which documents, your committee respectfully refer.

The committee now proceed as briefly as possible to consider and dispose of the questions in their order.

1. What amount of bonds have been issued under the provisions of the several acts, authorizing the Governor to issue bonds for the completion of the Milwaukee and Rock river canal?

Fifty bonds of $1000 each, were issued by the then Governor, on the 11th day of March, 1840, under the act of the Assembly, for that purpose, approved Feb. 26, 1839. Those bonds have been returned to the office of the Governor, and are cancelled.-[vide Executive message to the House of Representatives, Jan. 28, 1842.]

One hundred bonds for one thousand dollars each, bearing interest at seven per centum, were issued on the 13th day of March last, by Gov. Dodge, under provisions of the act of Assembly, approved Feb. 12, 1841. None of the last bonds have been returned or cancelled, but all are outstanding against the Territory.

2. What amount of said bonds have been negotiated, and by whom?

Byron Kilbourn, President of the Milwaukee and Rock river Canal Company, was appointed by Gov. Dodge, Loan Agent of the Territory, to negotiate these bonds which were placed in his hands for that purpose, on the 15th of March, 1841.

From the report of that officer, made to the Executive on the 27th day of December last, it is said that 56 of these bonds, numbered from 1 to 56 inclusive, have been negotiated. For a detailed statement of this negotiation, the committee refer to the Executive message to the Assembly of 28th ult., to the Report of the Agent above cited, to the communication of the Hon. John H. Tweedy, submitted to a committee of the other branch inquiring into this subject, and a letter of that gentleman to this committee herewith submitted.

From a consideration of these several documents, the committee derive serious doubts, whether any of these bonds have been disposed of by the Agent, in conformity to law-and if not according to law, it is submitted whether they are in fact negotiated or sold at all, in such manner as to bind the Territory:

3. What amount of money and what kind, has been received therefor?

From the letter of Mr. Tweedy, Receiver of the Canal Fund, it appears that the sum of one thousand dollars, in current Bank notes, was received and paid out on the canal; it does not appear, nor is it even claimed, that any part of this loan has been received, or is expected to be received in money, or in notes of any "sound specie paying Banks, selected by the Canal Commissioners, and the Governor of the Territory;" or placed on deposite, "SUBJECT TO THE DRAFT OF THE RECEIVER OF THE CANAL FUND," according to the requisitions of the act of Assembly, approved Feb. 12, 1841. But it does appear that it was expected that the loan should be paid, and that what has been received, was in the ordinary currency of the West. It also further appears that the supposed loans, have in some instances, been deposited, not only in Banks not selected by the Canal Commissioners and the Governor according to law, but that all of them have been deposited, not to the credit of the Receiver of the Canal Fund, but to that of the President of the Canal Company.

4. What amount of said bonds are un-negotiated, and where they are?

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