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Wednesday, December 23, 1840.
The President laid before the Council a message from the Governor on Executive business.
Which was read and laid on the table.
On motion of Mr. Arnold, the petition of citizens of Prairie. ville asking a repeal of the law regulating the sale of intoxica. ting drinks within this Territory, was taken up and referred to the Committee on the Judiciary.
Mr. Arndt, from committee on engrossed bills, reported the following to be correctly engrossed, viz:
No. 12. A bill to provide for laying out and establishing a territorial road from Fort Winnebago to the Plover Portage on the Wisconsin river
No. 2. Resolution relative to the survey of the public lands within the Territory; and
No. 2. Memorial to Congress for the survey and construction of a railway from lake Michigan to the river Mississippi.
Mr. Sterling from the committee on territorial affairs, obtain. ed leave to introduce bill No. 17, entitled “ a bill to amend the several acts of the Territory to authorise the levy and collection of taxes."
The bill was twice read, and laid on the table.
Mr. Sterling from the committee on territorial affairs, obtained leave to introduce the following resolutions :
Resolved, That the commissioner of public buildings be requested to make a detailed estimate of the probable cost of completing the Capitol of Wisconsin, in accordance with the origin. al plan of said building.
Resolved, That the Secretary of the Territory be instructed to furnish to the Council the number of votes polled on the 28th day of September, 1840, in favor of, or against the formation of a state Government, as returned to his office.
Which were laid on the table.
Ordered, That the forty-eighth of the standing rules be sus. pended, in order that the nominations of Justices of Peace for the county of Milwaukee may be considered now.
The Council then proceeded to the consideration of Execu. tive business ; and, the business being disposed of,
On motion of Mr. Martin, the resolutions offered by the committee on territorial affairs were taken up and considered.
Mr. Bullen moved to amend the first resolution by striking out the word “ requested” and inserting in place thereof, the word “instructed."
Which was agreed to, and the resolutions were adopted.
The following message was received from the House of Re. presentatives, by the clerk thereof, viz:
“ Mr. President The House of Representatives has concur. red in bill No. 6 of this House, entitled "a bill for the relief of the settlers on the canal lands in the counties of Milwaukee and Jefferson, with an amendmeni, in which I am directed to ask the concurrence of this House."
The amendment of the House of Representatives to bill No. 6, entitled "a bill for the relief of the setilers on the canal lands in the counties of Milwaukee and Jefferson,” as fallows :-strike out sections one and two, and insert in place thereof; " That the collection of the simi-annual interest due on the 23d day of December in the year of our Lord eighteen hundred and forty is hereby postponed until the Legislature of the Territory shall provide by law for its collection," having been read,
Mr. Upham moved to amend the same by inserting after the word “forty” the words “and the interest hereafter to become due on all the obligations given for lands heretofore sold by said Territory to aid in the construction of the Milwaukee and Rock River canal.”
Which was agreed to, and the amendment of the House, as amended, was concurred in.
The following engressed bill and resolution were read the third time and passed, viz :
No. 12. A bill to lay out and establish certain Territorial roads therein named ; and
No. 2. Resolution relative to the survey of the public lands within the Territory.
And the titles thereof having been read,
Mr. Martin moved to amend that of No. 12, so as to read "A bill to lay out and establish certain territorial roads therein named.”
Which was adopted, and the titles were then agreed to,
On motion of Mr. Arndt, the Council resolved itself into com. mittee of the whole, Mr. Rountree in the chair, for the consider. ation of bill No. 7, entitled "a bill to provide for the support of illigitimate children;" and, after some time the committee rose and reported, by their chairman, the bill with amendments.
The amendments were concurred in, and the bill was ordered to be engrossed for a third reading.
And the ayes and noes having been called for,
Those who voted in the affirmative are Messrs. Arndt, Brig. ham, Bullen, Collins, Janes, Learned, Martin and Rountree.
Those who voted in the negative, are Messrs. Arnold, Sterling and Upham.
On motion of Mr. Upham the Council resolved itself into the committee of the whole, Mr. Collins in the chair, for the con. sideration of bills from the House of Representatives, as follows:
No. 4. A bill to divide the town of Whitewater, and to cre. ate the town of Richmond; and
No. 7. A bill to create the town of Eagle.
And, after some time the committee rose and reported the bill without amendment.
On motion of Mr. Upham, bill No. 7 was indefinitely post. poned.
And the question being on orderiny bill No. 4, to a third reading.
Mr. Upham moved to amend the same by adding thereto, as follows:
Sec. 2. That the Territory included with the limits of town. ship No. 5 north of range No. 17, east, according to the survey of the United States, be, and the same is hereby created into a separate town by the name of Eagle, and that said town shall have the same powers that other authorized towns in the Ter. ritory have."
Which was agreed to, and the bill as amended, was
Resolved, that the Secretary inform the House of Represen. tatives, that the Council will on to-morrow, adjourn over the holidays.
Mr. Arnold moved to strike out all after the word “Resolved," and insert, " that when the Council adjourn on Thursday the 24th instant, it will adjourn to meet again on Saturday the 2d day of January, A. D. 1841, at two o'clock in the afternoon.
Resolved, That the Secretary be ordered to inform the House of Representatives of the passage of this resolution.
The amendment was disagreed tomayes 6, does 6.
Those who voted in the affirmative, are Messrs. Arnold, Arndt, Brigham, Martin Sterling and Upham.
Those who voted in the negative, are Messrs. Bullen, Collins, Janes, Learned, Rountree, and Maxwell, (President.)
And the question then being on the adoption of the original resolution,
Mr. Bullen submitted the following question of order :-That the resolution now under consideration, which contemplates an adjournment of one House of the Legislative Assembly, without the consent of the other, for a period beyond three days, is not in order ; inasmuch as the fifty.second of the standing rules prescribes that "the rules of parliamentary practice, comprised in Jeffersons manual, shall govern the Council in all cases to which they are applicable, and in which they are not inconsis. tent with the rules and orders of the Council, and the rules and order of the Council and House of Representatives ;” and, inas. much as the fiftieth paragraph of said Manual declares that " peither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days.”
The President declared the resolution to be in order :--That the rules of parliamentary practice, comprised in Jefferson's Manual, referred to in the fifty second of the standing rules, must be taken and understood to be the rules and practice of Parliament, exclusively; and that the rule of Congress, contained in the paragraph noted, being a prohibition by the Constitu. tion of the United States, cannot be taken as one of the rules of parliamentary practice referred to in the standing rules of the Council, and has no application therefore to the question now under consideration,
The question then recurred on the resolution, and it was dis. agreed to—ayes 5, noes 7.
And the ayes and noes being called for,
Those who voted in the affirmative, are Messrs. Arnold, Arndt Brigham, Martin and Sterling.
Those who voted in the negative, are Messrs. Bullen, Collins, Janes, Learned, Rountree, Upham and Maxwell, (President.)
The President laid before the Council the Report of Samuel