That it appears from a communication of the Secretary of the Territory, that the whole number of votes polled on the 28th day of September, 1840, in favor of the formation of a State Government, was ninety-two, against the formation of a State Government four hundred and ninety-nine; Your committee therefore deem it inexpedient, at this time, to recommend any further legislative action upon the subject.

Which was read and laid on the table.

.1

Mr. Martin, from the committee on the judiciary, to whom the subjects were referred, made report, as follows:

The judiciary committee, to which was referred the petition of citizens of Walworth county praying for an act prohibitory of certain animals running at large; Report

That the subject of their petition is comprised in the laws in reference to town and county government, now undergoing revision by a select committee;-They ask to be discharged.

The Judiciary committee, to which was also referred the petition of Samuel Hinman and others, praying the repeal of the Jaw regulating the sale of intoxicating drinks within this Territory, Report:

The petition sets forth, that, if the sale of intoxicating drinks is morally right, it ought not to be taxed, and if morally wrong it ought to be prohibited.' Although the committee believe that the immoderate use of intoxicating liquors is morally wrong, and ought to be discountenanced, by every citizen, yet it does not of necessity follow, that such legal restrictions ought to be imposed upon their sale, as to forbid the use of them. Such en. actment would be a violation of the constitutional rights secur ed to that portion of our citizens, who may be engaged in commercial pursuits. Nor, on the other hand, if the use of liquors were morally right, would it necessarily follow that the sale of them should be free from all restraint.

Our laws, regarding intoxicating drinks as luxuries, have im

posed a tax upon those who deal in them. So far as this tax operates to enhance their price, it constitutes a restriction upon that branch of commerce, but the committee believe such res. trictions only to be the result of public necessity, and therefore constitutional. This has been adopted by our laws as one source of revenue, and it is deemed unwise and impracticable to change the present salutary regulations on the subject. The committee asked to be discharged.

Ordered, That the commiltee, be discharged from the further consideration of the subjects herein referred to.

Mr. Arndt, from the committee on engrossed bills, reported the following to be correctly engrossed, viz:

No. 16. A bill to amend an act to provide for the support of common schools and for other purposes; i

Which bill was thereupon read the third time; when

Mr. Collins obtained the unanimous consent of Council to amend the same by striking out the words, "in their discretion,” in the sixth line of the first section, and the words "is hereby repealed," in the third line of the second-section.

The question then being put on the passage of the bill it was decided in the affirmative-ayes 9, noes 4.

Those who voted in the affirmative, are Messrs. Arnold, Brig. ham, Collins, Learned, Rountree, Sterling, Upham, Vineyard, and Maxwell, (President,).

Those who voted in the negative, are Messrs. Arndt, Bullen, Janes and Martin.

The title thereof was then read and agreed to.

Resolution from the House of Representatives, No. 8, entitled “resolution relative to preparing the laws of the present and August session for publication," was read the third time, passed, and the title was agreed to.

Mr. Upham, in accordance with notice given, obtained leave to introduce bill No. 27, entitled "a" bill supplemental to an act entitled an act concerning grand and petit jurors;"

Which was read a first and second times, and laid on the ta. ble to be printed.

ep On motion of Mr. Sterling,"

The Council resolved itself into committee of the whole, Mr. Vineyard in the chair, for the consideration of bill No. 17, en titled "a bill to amend the several acts of the Territory to authorise the levy and collection of taxes."

And after some time, the committee rose and reported the bill with an amendment.

The amendment was concurred in; when

Mr. Upham moved to amend the bill further, by striking out in the ninth line of the first section the words "one mill," and inserting two mills" in place thereof...

The amendment was lost.

Mr. Collins then moved to strike out the fourth section of the bill.

The motion was disagreed to.

Mr. Arndt then moved to amend further, by adding several sections, as follows:

Sec. 5. That if the taxes are not paid to the collector on or before the first Monday of October, he shall proceed to collect the same by distress and sale of the goods and chattels of the persons charged, or, of the person found in possession of the lands or town lots charged with such unpaid taxes, giving six days' notice of the time and place of such sale, by written notices set up in three of the most public places of said county.

I

Sec. 6. If the collector of any county shall have failed to levy upon any personal property as provided in the foregoing section, he may omit to offer for sale such lands upon which there may be found personal property chargeable with the pay.

ment of the taxes unpaid on the second Monday of December, and may lay distress upon said personal property at any time before the first day of April following..

Sec. 7. The several collectors of the different counties of the Territory, now in office, shall hold the same until the first Mon day of July next, and the term of office of the several collectors elected at the annual election in September last, shall commence on the first, Monday in July aforesaid, and the term of office of all county collectors hereafter elected, shall commence on the first Monday of July in each year.

Sec. 8. All acts and parts of acts conflicting with the provi sions of this act are hereby repealed.

Mr. Martin then moved to amend the amendment by leaving out the sixth section.

Which was agreed to, and the amendment as amended was adopted.

Mr. Martin then moved to amend the first section of the bill by adding thereto, as follows: Provided, that nothing in this act contained shall prohibit the county, commissioners of Milwaukee from raising a sufficient sum of money to defray the expense of building the bridge authorised by law to be built across the Milwaukee river. ›

Which was also agreed to.

Mr. Upham then moved to amend by adding a section there. to, as follows:

Sec. 5. That so much of the 20th section of the act afore. said as makes it the duty of the collector, in his notice of the sale of lands or town lots published in the newspaper or posted up at the door of the Court House, to describe each tract of land, or town lot, intended to be sold, in such notice, is hereby repealed. v.

The motion was agreed to.lv? nikamat di truly "A

Mr. Arnold then moved to amend the fourth section, so as to read as follows:

Sec. 4. All sales of land shall be void unless the collector shall have returned the taxes on said lands, as unpaid, accom. panied by his return in writing that no goods or chattels could be found, on which to levy the same, exempt from execution. Which motion was also agreed to.

Mr. Brigham then moved to amend the first section of the bill, by inserting after the word "that," in the first line, the words following: "All taxes levied by the board of county commissioners shall be based upon an estimate by them made, which estimate shall be entered upon the journals of said board, and,"

The motion was agreed to.

Mr. Arnold then moved to amend the bill by prefixing the following section:

Sec. 1. That, for the purpose of raising a revenue to defray the public charges and expenses in the several counties in the Territory, it shall be the duty of the county commissioners in their respective counties to levý taxes on the following property, to wit-all lands and town lots, which are not exempt from taxation by the laws of the United States or of this Territory, and not including buildings thereon; and all personal property not exempt from execution, excepting, libraries, tools of mechan. ics, and agricultural impliments, and on all stock actually paid in in any incorporated company.

And pending the question thereon.

The Council resolved itself into committee of the whole, Mr. Brigham in the chair, for the consideration of bill No. 22, en.