And after some time, the committee rose and by their chairman reported the bill without amendment.

The bill was thereupon ordered to be engrossed for a third reading.

On motion of Mr. Martin, the Council adjourned.

Saturday, January 23, 1841.

The President laid before Council two communications from the Governor, as follows:

1. On executive business; and

2. Notifying the Council of the approval this day of the fol lowing, viz:

An act to prescribe the number, duties and compensation of the officers of the Legislative Assembly and for othes purposes; and

An act to provide for the compensation of the present officers of the Legislative Assembly.

Mr. Learned, from the committee on enrolment, reported the foregoing acts to have been presented on yesterday to the Governor for his approval:

Also, that the following had been correctly enroled:

An act relating to fines and forfeitures; and,

A memorial to Congress to extend the jurisdiction of justices of the peace.

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

No. 7. Resolution relative to examination of the Mineral Point Bank; and

No. 4. Memorial to Congress on the subject of the sale of the public lands north of the Wisconsin river.

The following bill and resolution were read the third time, passed, and the titles agreed to, viz :

No. 22, (H. of R.) A bill to provide for a special election in the town of Burlington, in the county of Racine; and

No. 7. Resolution relative to examination of the Mineral Point Bank.

On motion of Mr. Arndt,

The report of the committee of the whole on bill No. 4, entitled "A bill supplemental to the act concerning testimony and depositions," was taken up, when

Mr. Janes moved to amend the amendment of the committee, in the first line of the twelfth section, by striking out "first" and inserting "tenth," in place thereof.

The motion was agreed to.

Mr. Upham then moved further to amend the amendment of the committee by striking out the fourteenth section.

The motion was also agreed to.

The amendments of the committee as amendmed were there. upon concurred in.

Mr. Upham then moved further to amend the bill by striking therefrom the seventh and eighth sections.

Which was agreed to.

Mr. Janes moved to amend the fifth section in the sixth line, by inserting the word "one" after the word "some."

The motion was agreed to, and the bill was ordered to be engrossed for a third reading-ayes 9, noes 2.

And the ayes and noes being called for,

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

1

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

On motion of Mr. Upham,

Bill No. 27, entitled "A bill supplemental to an act entitled an act concerning grand and petit jurors," was taken up; and the question being on concurring in the amendments by the committee of the whole,

Mr. Upham moved a division of the question:

Which was agreed to; and the first amendment having been read,

The Council refused to concur therein.

The second amendment was then read and concurred in. Mr. Upham then moved further to amend the bill by striking out the second section, and inserting as follows:

SEC. 2. On the trial of all criminal cases, when the punishment is capital, the right of challenge shall be the same as now established by law. On the trial of all cases, of the degree of felony, the prisoner or prisoners shall be entitled to ten peremptory challenges of jurors, and the district attorney to one half that number; and in all criminal cases there shall be the same right of challenge as in civil cases.

The amendment was agreed to.

The Clerk of the House of Representatives was announced, when the following message was received, viz:

"Mr. President: I am directed to present the following for your signature, to wit:

An act relating to fines and forfeitures; and,

...A memorial to Congress to extend the jurisdiction of justices of the peace."

The President signed the act and memorial referred to in the preceding message.

And the question then being on ordering bill No. 27 to be engrossed for third reading,

Mr. Arnold moved to recommit the bill to the committee of the whole now.

The motion was agreed to; and,

The Council thereupon resolved itself into committee of the whole, Mr. Janes in the chair, for the further consideration of said bill.

After some time, the committee rose and reported the bill with amendment.

The amendment was concurred in, and the bill ordered to he engrossed for a third reading,

On motion of Mr. Janes,

Bill No. 24, entitled, "a bill to incorporate the village of Racine," was taken up;

And pending the question on concurring in the report of the committee of the whole thereon,

Mr. Arnold moved to lay on the table.

Which was determined in the affirmative-ayes 11, noes 2. And the ayes and noes being called for,

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

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

On motion of Mr. Arndt,`

Bill No. 19, entitled "a bill to incorporate the Fond du Lac Company," was taken up; and the question being taken on or dering the bill to be engrossed for a third reading,

It was determined in the affirmative.

The President laid before the Council a communication from the Attorney General of the Territory, in reply to a resolution of the Council, calling for information in relation to the suit vagainst the Bank of Wisconsin :

Which was read and referred to a select committee of Messrs. Upham, Janes and Learned.

On motion of Mr. Janes,

The consideration of memorial No. 8, (H. of R.) entitled "memorial of the Legislative Assembly of the Territory of Wisconsin relative to changing the organic law;" was resumed in committee of the whole, Mr. Bullen in the chair.

And after some time the committee rose and reported the me morial with amendments.

The amendments were concurred in.

And pending the question on the adoption of the memorial as amended,

On motion of Mr. Collins,

The same was laid on the table and made the order for Mon. day next.

On motion of Mr. Arnold,

The Council resolved itself into committee of the whole, Mr. Upham in the chair, for the consideration of memorial No. 6, entitled "memorial for an appropriation to improve the rapids of the Mississippi river;"

And after some time the committee rose, and reported the same without amendment.

The memorial was thereupon adopted.

On motion of Mr. Learned,

The Council was again resolved into committee of the whole, Mr. Vineyard in the chair, for the consideration of bill No. 26, entitled " a bill to restrain pedlars and other persons from trading without licence;"

And, after some time the committee rose, and reported the same with amendments thereto.

The amendments were concurred in.

Mr. Upham then moved to amend the bill further, by striking out in the second line of the seventh section, the words "ninety