cates of stock, made by the late Executive of the Territory of Wiskonsan, in virtue of the provisions of the act entitled "an act supplementary to the several acts relating to the Milwaukee and Rock river canal," for the sum of one thousand dollars each, and bearing date the 15th day of March, A. D. 1841; as no authority was given by said act, or any other act, to said Kilbourn to negotiate a loan upon the said bonds or certificates of stock.

Madison, Sept. 2, 1841.

J. D. DOTY, Governor.

ATTORNEY GENERAL'S OFFICE.

Mineral Point, Feb. 2d, 1842.

HON. A. G. ELLIS,

Chairman of the Committee on Territorial Affairs, of

the House of Representatives.

SIR: I have had the honor of receiving your communication of the 27th January, requesting, on behalf of the Committee on Territorial Affairs of the House of Representatives, my opinion on the following point, to wit:

"What right the Milwaukee and Rock River Canal Company has to sell the Hydraulic power created by said Company?"

And I now proceed to answer your inquiry.

In order to ascertain the powers of the Canal Company, it is necessary to refer to the act of incorporation, approved January 5th, 1838, by which they are defined..

In the 1st section of the act, it is, among other things, declared that said corporation "may purchase, hold and convey real, personal, or mixed estate."

And in the 23d section of the same act, it is declared "that the future State of Wisconsin, at any time after its admission, shall have the right to purchase and hold for the use of the State, the canal herein authorized to be constructed, together with all its branches, and OTHER IMPROVEMENTS, by paying to the said corporation the amount actually expended in the construction and repairs of the

same, together with such reasonable interest, not more than seven per centum per annum, as may be agreed upon by and between the said State and the corporation."

And in the 25th section of the same act it is declared as follows: that "nothing herein contained shall authorize said Company to take or use more water from any stream or fountain, than shall be actually necessary for the economical navigation of said canal, unless they shall have obtained the right to use an excess of water over and above the quantity required for navigation, from every person or persons, corporation or corporations, lawfully claiming the same."

If the Company claim or exercise the right to sell the Hydraulic Power created by the Company, they must found their right upon the provisions of the 1st and 25th sections above quoted.

The exercise of such a right however, would be wholly inconsistent with the provisions of the 23d section, which expressly reserves to the future State, "the right to purchase and hold for the use of the State, the canal herein authorized to be made, together with all its branches and OTHER IMPROVEMENTS."

The words "other improvements "" were evidently intended to include the "Hydraulic power created by the Company."

Again: It is declared in section 9th of the aforesaid act, that "it shall be lawful for the directors of said incorporation to make from time to time, such rules and regulations, not inconsistent with the laws of this Territory and of the United States; among other things, "in respect to all matters in relation to the navigation of the canals, and the collection of tolls and water rents.”

It is obvious from the provisions of this section, that the Territory designed to realize a permanent revenue from the "water rents" -to wit: from the "Hydraulic power created by the Company;" and which can only be regarded as a part of the permanent improvements connected with the canal which the Legislature of the Territory expressly reserved to the future State of Wisconsin, the right to purchase from the corporation.

If the Canal Company were permitted to sell the Hydraulic power created by the construction of the canal, they could, by that means, deprive the future State of Wisconsin of very important privileges

which the Legislature have conferred by the act of incorporation; and which cannot be wrested from said state without a manifest violation of the act itself.

In comparing together the several provisions of the aforesaid act of incorporation, and in applying to them the established rule in the exposition of Statutes, I am unable to deduce any legal authority in the Milwaukee and Rock River Canal Company "to sell the Hydraulic power created by said Company."

Very respectfully,

Your obedient servant,

MORTIMER M. JACKSON,

Attorney General of Wisconsin Territory.

Accompanying which report was a resolution No. 11, entitled "Resolution relative to cancelling certain bonds."

The said resolution was read the first and second times.

On motion of Mr. Whiton, it was

Ordered, That the said committee be discharged from the further consideration of the subject, and that five hundred copies of the said report, and the accompanying documents be printed.

Mr. Whiton from the select committee to which the petition of Daniel Baxter was referred, reported the following bills, which were read the first and second times, viz:

No. 42, "A bill in addition to an act entitled an act to provide for the completion of the Capitol at Madison."

No. 43, "A bill in relation to certain moneys in the Territorial Treasury."

Mr. Hackett from the committee on Enrolled Bills, reported that the committee did on yesterday, present to the Governor for his appròval "an act to authorize Oliver C. Hubbard, to build a dam on the Manitouwoc river."

Mr. Darling from the committee to which the subject was referred made the following report which was accepted and the committee discharged, to wit:

The Select Committee to which was referred bill No. 32, a bill "concerning Legitimacy," beg leave to report,

That they have given to the bill all that deliberate and serious consideration, which the importance of it might seem to require.

And your committee would here remark, that whatever importance might have been discovered in it, by their own unassisted discrimination, the source from whence it emanated, commended it peculiarly to their notice. And its importance is made still more apparent from the fact, that some of its wise and salutary provisions are already found incorporated into our own Statutes, as well as in the Statutes of most of the States in the Union. But some of its provisions, even to your committee, involve principles both new and novel, and certainly important to a very interesting portion of the community, and such as require before adoption, a most learned, deliberate and scientific investigation.

Your committee, therefore, approving of some of its principles, and not disposed to disapprove of the others—and without in any manner doubting the competency of any committee, selected in the very considerate and discriminating manner, resorted to in this instance, to do justice to almost any subject, have nevertheless, deemed it their duty to report the bill back to the House without amendment-that not only the committee to whom it was referred, but that all—that every member of the house who manifested so much interest and anxiety in its reference, may have the honor of participating in its investigation, and contributing to its support and perfection. Your committee ask to be dischar ged from the further consideration of the subject.

All which is respectfully submitted.

A message from the Governor by his private secretary:

"Mr. Speaker:-I am directed by his Excellency the Governor to inform this House, that he did, on the 8th inst. approve "an act to authorize Oliver C. Hubbard to build a dam on the Manitowoc river."

Mr. Giddings presented the account of J. R. Brown, for transportation of books to St. Croix; and of Ira B. Brunson, for transportation of books to Prairie du Chien; which were referred to the committee on Public Expenditures.

The House took up the joint report of the committee on conference, in relation to the disagreeing vote of the two Houses on bill No. 29, entitled "a bill to authorize the issuing of drafts or bills for the payment of the expenses of the present session of the Legislative Assembly," and recommitted it to the joint committee of conference appointed thereon.

Ordered, That the Council be acquainted therewith.

Mr. Ellis, from the conmittee on Territorial Affairs, to which a petition was referred from the citizens of the counties of Racine and Walworth, praying to be allowed to construct a dam across Fox river, reported that the prayer of the petitioners ought not to be granted; which was adopted.

A message from the Council by their Secretary:

"Mr. Speaker,-The Governor has notified the Council that he did approve and sign, on the 7th inst., the "memorial to Congress for the construction of a harbor at Milwaukee."

The Council have appointed Messrs. Martin and Strong a committee on their part to act in conjunction with a similar committee to be appointed by this House, to whom it is proposed to refer the disagreement of the two Houses, in relation to bill No. 1, (C. F.) entitled "a bill to amend the act of the revised statutes, entitled an act concerning the writ of attachment."

A conference is requested."

The House then considered the said message, and appointed Messrs. Ellis and Tripp, of the committee of conference, to which the disagreement on bill No. 1, (C. F.) is referred, entitled "a bill to amend the act of the revised statutes, entitled an act concerning the writ of attachment.'

Ordered, That the Council be acquainted therewith.

On motion of Mr. Rockwell,

The House resolved itself into the committee of the whole House, Mr. Mills in the chair, having under consideration bill No. 7, from the Council, entitled "a bill for the relief of purchasers of canal lands;" and after some time spent therein, the committee reported the bill to the House, with amendments, which were agreed to.

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

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

On motion of Mr. Barber,

The message of the Governor and the resolutions of the Legisla