Mr. Catlin could not see the need and propriety of taking a vote on the constitution before it had been laid before Congress. His own opinion was that it would be better to submit the constitution to Congress in the first instance, and then, should alterations be made by that body, there would not be the expense incurred of a second election. This course would give the people the power to decide on all propositions Congress should impose. Mr. Whiton did not believe the constitution could be submitted to this Congress should the convention be held at any time in the month of October; and he did not desire to see the scenes of Michigan reënacted in Wisconsin; therefore he would wait till Congress had acted on the subject. Mr. Knowlton could not see any object to be gained by sending the constitution to the people for their vote before it was sent to Congress for its action. Mr. Rountree had said nothing on the subjects of the bill thus far, but he could not consent to send the constitution to Congress without its having been first submitted to the people for their adoption. Mr. Catlin was in favor of submitting the constitution to the people as much as any other member, but the question among them was, when it should be done, whether before or after the action of Congress on the same. The amendment prevailed. On motion of Mr. Whiton two sections relating to the manner of voting were adopted, and on motion of Marshall M. Strong a section relating to the power of the convention was adopted. And then the bill was ordered to a third reading. AN ACT IN RELATION TO THE FORMATION OF A Be it enacted by the Council and House of Representatives of the territory of Wisconsin: Section 1. That on the first Tuesday of April next, every white male inhabitant above the age of twenty-one years, who shall have resided in the territory for six months next previous thereto, and who shall either be a citizen of the United States or shall have filed his declaration of intention to become such according to the laws of the United States on the subject of naturalization, shall be authorized to vote for or against the formation of a state government in Wisconsin, by depositing with the judges of election in a box, to be prepared and kept by them, a ballot upon which shall be written or printed "for state government," or "against state government," and every person so authorized to vote may vote on that question, at any town or precinct in which he may be whether he resides in said town or precinct or not. Section 2. All votes cast at such election shall be canvassed, certified, and returned, in the same manner as is required by law for the canvassing, certifying, and returning of votes for delegates to Congress, and the secretary of the territory shall make and deliver to the governor a certified abstract of all such votes by counties, and in all those counties of the territory which have adopted the provisions of an act entitled "An Act to provide for the government of the several towns in this territory and for the revision of county government," the votes shall be canvassed, certified, and returned in the manner provided for by the act entitled "An Act to provide for and regulate general elections," and for that purpose the clerk of the board of county supervisors shall perform all the duties required by law to be performed by the clerk of the board of county commissioners. Reprinted from the Laws of Wisconsin, 1846, 5-12. Section 3. The governor shall appoint in each of the counties of the territory some suitable person who is hereby authorized and required to cause the number of inhabitants in their respective counties to be taken, omitting in the enumeration Indians not citizens and officers and soldiers of the United States army, and the persons so appointed shall have power to appoint as many assistants to aid them in taking the census as they may deem necessary, assigning to each assistant a certain division of his county, to be accurately defined either by congressional township lines, the boundaries of towns organized for town government, or be distinctly bounded by water courses or public roads. Section 4. The governor shall furnish to the secretary a list of the names of all persons and their residences so far as he can ascertain the same appointed by him in pursuance of the provisions of this act, which the secretary shall record in the executive journal; and the secretary shall furnish to every person so appointed, by the first day of April next, a certificate of such appointment, and shall at the same time forward to him the necessary blank forms for carrying into effect the provisions of this act, to be prepared by the secretary; and the auditor of the territory is hereby authorized to audit and allow the accounts of the secretary for all expenses incurred by him in carrying into effect the provisions of this act, and give his warrant upon the treasurer for the same. Section 5. The persons appointed to take the census and their assistants shall severally take and subscribe an oath or affirmation before some person authorized by law to administer oaths, previous to entering upon the discharge of the duties imposed by this act, that they will well and truly cause to be made a just and perfect enumeration of all the persons resident within their county or division, as the case may be, and a true return thereof make in pursuance of the provisions of this act, according to the best of their abilities, which oath or oaths shall be returned with the census, as hereinafter provided, to the secretary of the territory. Every assistant so appointed shall return to the person by whom he was appointed a just and perfect enumeration of the inhabitants of the district or division assigned to him, in the form so as aforesaid to be prepared by the secretary, by the twentieth day of June next. Section 6. Every person appointed, in pursuance of the provisions of this act, to take the census and every assistant who shall be appointed and accept said appointment, who shall fail to make returns agreeably to the provisions of this act, or who shall make a false return of the enumeration in his county or division shall forfeit and pay the sum of two hundred dollars, to be recovered in the name and for the use of the territory before any court of competent jurisdiction. Section 7. The said enumeration shall be made by an actual inquiry by the persons taking such census, at every dwelling or by personal inquiry of the head of every family, in their respective counties or divisions, and shall commence on the first day of June next, and shall be completed and closed in thirty days thereafter, and said enumeration shall include only those whose place of residence shall be in said counties or divisions on the first day of June aforesaid, and the several assistants shall, by the twentieth day of June next, make and deliver to the person by whom they were appointed, respectively, a true and accurate copy of the enumeration of all persons, Indians, not citizens, and soldiers excepted, within their respective divisions, which enumeration shall be set forth in a schedule designating the townships, precincts, or districts comprising his division, according to the civil or geographical boundaries thereof and shall embrace the several families by the name of the head thereof and the aggregate population therein. Section 8. The several persons appointed in pursuance of the provisions of this act to take the census in their respective counties shall, by the tenth day of July next, prepare duplicate copies of the enumeration of the inhabitants of their respective counties and transmit one of said copies to the secretary of the territory and deliver the other to the register of deeds of said county, or, if there be no register of deeds in such county, to the register of deeds of the county to which it is attached for judicial purposes, and the said register shall preserve the same on file in his office subject to the inspection of all persons. Section 9. The persons appointed to take said census and their assistants shall receive as compensation for the service to be performed in taking such census at the rate of one dollar and fifty cents for every one hundred persons enumerated by them respectively: Provided, That in the counties of St. Croix, Chippewa, and La Pointe, and in those counties having a population of less than one thousand souls, there shall be allowed to the person making the enumeration [compensation] at the rate of three dollars for every one hundred persons enumerated therein: Provided, also, That there shall be allowed to the persons appointed according to this act to take such census the sum of five dollars for making the abstract or copies required by the preceding section; each county shall pay for taking the census within its own limits and for the abstracts and copies of the same. Section 10. As soon as the returns of the census shall have been received by the secretary from the several persons authorized to take the same, and by the first day of August next, whether he shall have received all of the returns or not, he shall proceed to make an abstract of the population of the several counties as shown by the returns received by him, which abstract he shall file in his office, and furnish a certified copy thereof to the governor. Section 11. Immediately upon the receipt from the secretary of the said copy of said abstract, in case a majority of all votes cast upon the question of forming state government are "for state government," the governor shall proceed to make an apportionment among the several counties, of delegates to form a state constitution upon the following principles, viz: He shall apportion one delegate to every county in the territory for every thirteen hundred inhabitants in said county, and an additional delegate in every |