Which was disagreed to.

Mr. Upham then withdrew the motion to lay on the table; and, the question recurring on ordering the resolution to a third reading, it was determined in the negative-ayes 6 noes 6.

And the ayes and noes being called for,

Those who voted in the affirmative, are Messrs. Arnold, Bul. len, Janes, Rountree, Upham, and Maxwell, (President.) Those who voted in the negative, are Messrs. Arndt, Brig. ham, Collins, Learned, Martin, and Sterling.

So the resolution was rejected.

On motion of Mr. Sterling, the Council adjourned.

Tuesday, December 22, 1840.

On motion of Mr. Sterling,

The Council proceeded to the consideration of executive business; and the executive business having been disposed of,

On motion of Mr. Martin,

The Council resolved itself into committee of the whole, Mr. Bullen in the chair, for the consideration of resolution No. 2, entitled "resolution relative to the survey of the public lands within the Territory;" also, resolution No 5, (H. of R. file,) en. titled "resolution relative to unsurveyed lands;" and after some time the committee rose, and by their chairman, reported the same to the Council without amendment.

Resolution No. 2 was thereupon ordered to be engrossed for a third reading; and,

On motion of Mr. Janes,

Resolution No. 5, (H. of R. file,) was indefinitely postponed. On motion of Mr. Janes,

The Council resolved itself into committee of the whole, Mr. Upham in the chair, for the consideration of bill No. 9, entitled, "A Bill declaring rivers navigable for certain purposes ;" and after some time, the committee rose, and by their chairman, reported the same to the Council without amendment.

On motion of Mr. Arnold,

The bill was then ordered to be laid on the table, and made the order of the day for to-morrow.

On motion of Mr. Bullen,

Bill No. 10, entitled "A Bill to establish a board of education, and the Office of Superintendent of Public Instruction, and to prescribe their duties," was taken up and referred to the committee on schools.

On motion of Mr. Brigham,

The Council resolved itself into committee of the whole, Mr. Arnold in the chair, for the consideration of bill No. 12, entitled "A bill to provide for laying out and establishing a territorial road from Fort Winnebago to the Plover Portage of the Wisconsin river;" and after some time, the comittee rose, and by their chairman, reported the same with amendments. The amendments were concurred in.

Mr. Upham then moved further to amend the bill, by striking out all after the word "act," in the third line of the second section,

Which was agreed to, and the bill was ordered to be engross. ed for a third reading..

On motion of Mr. Bullen,

The Council proceeded to the further consideration of resolution No. 3, (H. of R. file,) entitled "resolution concerning the appointment of a joint committee to prepare the laws passed at the present and August sessions, for publication;"

And pending the question on the amendment of Mr. Upham to the amendment of Mr. Martin,

Mr. Upham obtained leave to withdraw the same,

The question then recurred on the amendment of Mr. Martin, to add to the resolution as follows: "and to bring up the records in the Secretary's office,"

Which was disagreed to-ayes 3, noes 9.

And the ayes and noes having been called for,

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

Those who voted in the negative, are Messrs. Brigham, Bul. len, Collins, Janes, Learned, Rountree, Sterling, Upham and Maxwell, (President.)

Mr. Upham then renewed his motion to add to the resolution as follows: "also, that said joint committee examine, as far as practicable, into the state of the records kept by the Secretary of the Territory, and report as to their state and condition as soon as practicable."

The amendment was adopted.

And the question then being on ordering the resolution as amended, to a third reading.

It was disagreed to-ayes 6, noes 6.

And the ayes and noes being called for,

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

Those who voted in the negative, are Messrs. Brigham, Bullen, Learned, Rountree, Sterling and Maxwell, (President.) So the resolution was rejected.

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

"Mr. President-The House of Representatives have passed the following, in which the concurrence of this House is requested, viz:

No. 17. "A bill to amend an act entitled an act concerning the duties of clerk of the board of county commissioners."

No. 1. "Memorial to Congress for the construction of harbors on the western shore of Lake Michigan."

And have concurred in resolutions of this House, as follows; No. 1. "Resolution relative to committees on claims and

public Expenditures."

No. 4. "Resolution relative to the Library."

And in the amendments of this House to bill No. 3, of the House of Representatives, entitled "a bill concerning county officers in the county of Fond du Lac, and for other purposes." On motion of Mr. Collins,

The Council then resolved itself into committee of the whole, Mr. Brigham in the chair, for the consideration of memorial No. 2, entitled, "a memorial to Congress for the survey and construction of a railway from Lake Michigan to the river Mississippi ;" and after some time the committee rose and reported the memorial without amendment.

The memorial was thereupon unanimously adopted.

Mr. Martin obtained leave to offer the following: Resolved, That the Council will adjourn over the holidays, from the 23d instant until tbh of January next. Which was disagreed 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 announced the appointment of Messrs. Learned and Bullen, of the committee on the part of the Council, under the joint resolution relative to the library.

Ordered, That the Secretary inform the House of Representatives thereof.

Bills from the House of Representatives, as follows, were severally read a first and second times, and laid on the table, viz:

No. 4. A bill to divide the town of Whitewater and to create the town of Richmond.

No. 6. A bill relating to the time when the laws passed at the session of the Legislative Assembly of Wisconsin Territory of 1840 and 1841 shall take effect.

No. 7. A bill to create the town of Eagle; and

No. 17. A bill to amend an act entitled an act concerning the duties of the clerks of the boards of county commissioners. Memorial No. 1, (H.. of R.) entitled "memorial to Congress for the construction of harbors on the western shore of Lake Michigan," was read and laid on the table.

Mr. Sterling offered the following resolution:

Resolved, That the Council will adjourn over from the 24th inst. to the 2d of January next.

Which was disagreed to-ayes 6, noes 6.

And the ayes and noes being called for,

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.)

Mr. Rountree, from the committee on schools, obtained leave to introduce bill No. 16, entitled "a bill to amend an act entitled an act to provide for the support of common schools and for other purpopes.'

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

On motion of Mr. Bullen, the Council adjourned.