Miles M. Vineyard, Sergeant-at-Arms of the Council, tendering his resignation of that office.

Mr. Collins then moved that so much of the 46th rule as requires the election of officers of the Council to be by ballot, be suspended for the present, and that the Council do now proceed to the election of a Sergeant-at-Arms by nomination. and appointment.

The motion having been agreed to,

Mr. Collins nominated James Conner to fill the vacancy occasioned by the resignation of Miles M. Vineyard.

The nomination was confirmed, and the officer elect was cal led to the Secretary's table, and the oath of office duly admin. istered to him by the President.

On motion of Mr. Bullen, bill No. 8, entitled "a bill explanatory of the act to establish the rate of toll for grinding" was taken up; and,

Pending the question on the amendment offered by Mr. Martin to the amendment reported by the committee of the whole, Mr. Martin obtained leave to withdraw the same.

The question was then taken on the amendment of the committee of the whole, and determined in the negative.

Mr. Arnold then moved to amend the bill by adding an addi. tional section, as follows:

Sec. 2. So much of section first of said act as establishes the rate of toll in the county of Milwaukee at one-tenth of all wheat, rye, or other grain, ground and bolted, and the onetwelfth of all wheat, rye or other grain, ground and not bolted, is hereby repealed.

Mr. Arndt then moved to amend the amendment by striking out all before the words "is hereby repealed," and inserting in

place thereof "the first and sixth sections of the act to which

this is explanatory."

The motion was disagreed to-ayes 5, noes 8.

And the ayes and noes being called for,

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

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

Mr. Martin then moved to amend the amendment by striking out all before the words "is hereby repealed," and inserting in place thereof, "the proviso contained in the first section of the act of which this is amendatory."

Which was agreed to.

Mr. Martin then moved to amend the bill further by striking out all after the word "explanatory," in the first line of the first section, and inserting in place thereof the words "are hereby repealed."

The motion was agreed to-ayes 7, noes 6.

And the ayes and noes being called for,

Those who voted in the affirmative, are Messrs. Arndt, Bul. len, Janes, Learned, Martin, Rountree, and Upham.

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

The bill was then ordered to be engrossed for a third reading. Mr. Aradt from committee on engrossed bills, reported bill No. 18, entitled "a bill for the relief of Josiah Moore," to be correctly engrossed.

On motion of Mr. Arndt, the Council proceeded to the consideration of Executive business.

The Executive business was disposed of.

The following message was received from the house of Representatives by the clerk thereof, viz:

"Mr. President-I am directed to present the following for the concurrence of this House, viz:

No. 5. A bill to divorce Peter Howard from his wife, Sarah Howard, and to change the name of the said Howard.

No. 8. Resolution relative to preparing the laws of the pres ent and August sessions for publication.

No. 9. Resolution relative to the election of Commissioner of public buildings.

No. 27. A bill to provide for the completion of the Capitol at Madison.

"Also, a memorial for your signature, entitled "memorial to Congress for the construction of harbors on the western shore of Lake Michigan."

"Resolution No. 2, of this House, entitled "resolution rela. tive to the survey of the public lands within the Territory" has been concurred in by the House of Representatives.'

The President signed the memorial referred to in the foregoing message.

On motion of Mr. Rountree, the Council resolved itself into Committee of the whole, Mr. Learned in the chair, for the consideration of the memorial, No. 3, (H. of R.) entitled "memorial to Congress for the improvement of certain rivers;" and, after some time, the committee rose and reported the memorial with amendments.

And, the first amendment having been read, viz: to strike out the words "which it is confidently believed will be finished within the time limited in the act making the appropriation."

Mr. Martin moved to amend by inserting in place thereof, the words "which we believe will be completed at an early period." The amendment was agreed to, and the amendment as amend ed, was concurred in.

The other amendment was then concured in, and the memori. al adopted. On motion of Mr. Collins, the Council adjourned.

Monday, January 11, 1841.

Mr. Sterling presented the account of Abner Nichols for the transportation of boxes of public documents.

Referred to committee on claims.

Mr. Brigham presented petitions from inhabitants of Sauk county, as follows:

1. Praying for the privilege of locating the seat of justice in said county by a vote of the people.

Read and referred to committee on territorial affairs.

2. Praying for a territorial road from Haney's ferry, on the Wisconsin river, to the Dells on said river.

3. Praying for a territorial road from Prairie du Saç to Hic. cock's mill in Iowa county.

Which were referred to committee on territorial roads.

Mr. Upham presented the remonstrance of residents in the County of Milwaukee against building a bridge' across the Kinnikinnick river.

Which was read, and referred to the select committee to which the petition on the subject was referred.

The President laid before the Council a communication from the Governor on Executive business.

Which was read, and laid on the table,

Mr. Janes gave notice that he would, at some future day, ask leave to introduce bills, as follows:

A bill to repeal an act therein mentioned, concerning costs and fees; and,

A bill to incorporate the village of Racine,

Mr. Rountree from the committee on schools, to whom bill No. 10, entitled "a bill to establish a board of education, and

the office of superintendent of public instruction; and to pres. cribe their duties," was referred, reported the same to the Coun. cil without amendment.

Mr. Learned from the committee on enrolment reported the following to be correctly enroled, viz:

An act to create the town of Richmond, in Walworth county, and the town of Eagle, in Milwaukee county; and,

Resolution relative to the survey of the public lands within the territory.

Mr. Martin from the committee on the judiciary, to whom bill No. 4, entitled "a bill supplemental to the act concerning testimony and depositions" was referred, reported the same to the Council with amendments.

The bill, with the amendments, was read a second time, and laid on the table to be printed.

Mr. Martin, from the committee on the judiciary, to whom the petition of citizens of Walworth county, on the subject was referred, reported a bill as follows:

No. 23. A bill to legalize the official acts of Thomas McKaig. The bill was read a first and second times, and laid on the table to be printed.

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

} No. 8. A bill explanatory of an act to establish the rate of toll for grinding; and,

No. 15. A bill to prescribe the number, duties, and compen. sation of the officers of the Legislative Assembly, and for other purposes.

The said bills were thereupon read the third time; and, the question being on the passage thereof,

Mr. Bullen obtained the unanimous consent of the Counci to amend the first section of bill No. 8, by striking out the word