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WEDNESDAY, Sept. 22, 1858. House met pursuant to adjournment. Prayer by Rev. Gaylord. Journal of yesterday read and approved.

Mr. Collier moved that a Committee of Three be appointed to inform the Council that the House had organized, and to invite that body to take seats in the Hall of the House, in order to hear any communication from the Executive.

Carried.
Committee Messrs. Collier, Kline, Daily.

On motion of Mr. Clayes, The House Rules of last session and Jefferson's Manual, when not in conflict, were adopted for the government of the House during this session.

On motion of Mr. Clayes, The north side of the Hall was vacated, for the use of the members of the Council. The following Message from the Council was received:

COUNCIL CHAMBER,

Sept. 22, 1858. Mr. Speaker:

I am instructed to inform your honorable body, that the Council have appointed a Committee of Two, consisting of Messrs. Moore and Scott, to act with a similar committee on the part of the House, to wait npon His Excellency the Governor, and inform him of the organization of the two bodies.

S. M. CURRAN, Chief Clerk.

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Mr. Steinberger offered the following resolution:

Resolved, That the members of the Council, and ex-members of the Council and House of Representatives, be allowed to take seats within the bar, at pleasure.

On motion of Mr. Stewart,
The resolution was laid on the table.

On motion of Mr. Gwyer, The Major-General of the Territorial Militia, was admitted to a seat within the bar, at pleasure.

On motion of Mr. Clayes, A Committee of Two was appointed to act with a like committee from the Council, to wait upon His Excellency the Governor, and inform him of the organization of the two Houses.

Committee-Messrs. Clayes and Noel.

On motion of Mr. Clayes, A Committee of Two was appointed to inform the Council, that the House was now ready to receive that body.

Committee-Messrs. Clayes and Young.

The members of the Council now appeared, when the Council and House of Representatives went into Joint Convention. Hon. L. L. Bowen, President of the Council, in the Chair.

On motion of Mr. Miller, A Committee of Five was appointed to wait upon His Excellency the Governor, and inform him that the Legislature was now ready to receive any communication from him.

Committee—Messrs. Miller, Scott, Stewart, Hall and Clark.
The committee having discharged their duty,
The Governor appeared and delivered the following message:

GOVERNOR'S MESSAGE. Gentlemen of the Legislative Assembly :

The people of Nebraska have confided to you the important trust of enacting such laws for the protection of their rights and interests as the exigencies of the times and the circumstances by which we are surrounded demand.

The only law under which crime can be punished in this Territory, is the Common Law of England. All other criminal laws have been abolished by the Act of a previous Legislature. The Common Law of England is so uncertain and doubtful in reference to every proceeding and offence, and its punishment, that every point will have to be adjudicated before even the courts can tell what the law is.

Thus, while serious doubts have been entertained as to whether some offences can be punished at all under that law, it has been clear that perjury, forgeries, and all offences designated as felonies, are punishable with death ; a penalty which renders the strict administration of that law repugnant to our ideas of justice and humanity, and inapplicable to the age and country in which we live.

Almost all the States of the Union have adopted criminal laws, making the punishment for crime in most cases different from what they were at common law, clearly defining crimes and the penalties. And with their examples before us, it is not a difficult matter to perfect and adopt a Criminal Code for this Territory, which shall at once provide for the just and certain punishment of all offenders.

Having thus briefly called your attention to the important necessitý of enacting a wholesome and judicious system of criminal laws, I desire in the same connection to call your attention to the necessity of passing laws clearly defining the jurisdiction and duties of Justices of the Peace, Constables, and other officers of the Territory. It is impossible to have the laws administered by inferior officers unless their duties and jurisdiction are clearly defined by statute laws. Each memWEDNESDAY, Sept. 22, 1858. House met pursuant to adjournment. Prayer by Rev. Gaylord. Journal of yesterday read and approved.

Mr. Collier moved that a Committee of Three be appointed to inform the Council that the House had organized, and to invite that body to take seats in the Hall of the House, in order to hear any communication from the Executive.

Carried.
Committee Messrs. Collier, Kline, Daily.

On motion of Mr. Clayes, The House Rules of last session and Jefferson's Manual, when not in conflict, were adopted for the government of the House during this session.

On motion of Mr. Clayes, The north side of the Hall was vacated, for the use of the members of the Council. The following Message from the Council was received:

COUNCIL CHAMBER,

Sept. 28, 1858.}

Mr. Speaker:

I am instructed to inform your honorable body, that the Council have appointed a Committee of Two, consisting of Messrs. Moore and Scott, to act with a similar committee on the part of the House, to wait mpon His Excellency the Governor, and inform him of the organization of the two bodies.

S. M. CURRAN, Chief Clerk.

Mr. Steinberger offered the following resolution:

Resolved, That the members of the Council, and ex-members of the Council and House of Representatives, be allowed to take seats within the bar, at pleasure.

On motion of Mr. Stewart,
The resolution was laid on the table.

On motion of Mr. Gwyer, The Major-General of the Territorial Militia, was admitted to a seat within the bar, at pleasure.

On motion of Mr. Clayes, A Committee of Two was appointed to act with a like committee from the Council, to wait upon His Excellency the Governor, and inform him of the organization of the two Houses.

Committee-Messrs. Clayes and Noel.

On motion of Mr. Clayes, A Committee of Two was appointed to inform the Council, that the House was now ready to receive that body.

Committee Messrs. Clayes and Young.

The members of the Council now appeared, when the Council and House of Representatives went into Joint Convention. Hon. L. L. Bowen, President of the Council, in the Chair.

On motion of Mr. Miller, A Committee of Five was appointed to wait upon His Excellency the Governor, and inform him that the Legislature was now ready to receive any communication from him.

Committee—Messrs. Miller, Scott, Stewart, Hall and Clark.
The committee having discharged their duty,
The Governor appeared and delivered the following message:

GOVERNOR'S MESSAGE. Gentlemen of the Legislative Assembly :

The people of Nebraska have confided to you the important trust of enacting such laws for the protection of their rights and interests as the exigencies of the times and the circumstances by which we are surrounded demand.

The only law under which crime can be punished in this Territory, is the Common Law of England. All other criminal laws have been abolished by the Act of a previous Legislature. The Common Law of England is so uncertain and doubtful in reference to every proceeding and offence, and its punishment, that every point will have to be adjudicated before even the courts can tell what the law is.

Thus, while serious doubts have been entertained as to whether some offences can be punished at all under that law, it has been clear that perjury, forgeries, and all offences designated as felonies, are punishable with death ; a penalty which renders the strict administration of that law repugnant to our ideas of justice and humanity, and inapplicable to the age and country in which we live.

Almost all the States of the Union have adopted criminal laws, making the punishment for crime in most cases different from what they were at common law, clearly defining crimes and the penalties. And with their examples before us, it is not a difficult matter to perfect and adopt a Criminal Code for this Territory, which shall at once provide for the just and certain punishment of all offenders.

Having thus briefly called your attention to the important necessity of enacting a wholesome and judicious system of criminal laws, I desire in the same connection to call your attention to the necessity of passing laws clearly defining the jurisdiction and duties of Justices of the Peace, Constables, and other officers of the Territory. It is impossible to have the laws administered by inferior officers unless their duties and jurisdiction are clearly defined by statute laws. Each mem

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ber of the Legislative Assembly is aware of the fact, that the Justices of the Peace in the Territory have refused to investigate charges of crime or preserve the peace, or do any other act, unless they could find the authority in the statute for so doing. I therefore invite tention to the importance of this subject.

I submit here with the reports of the Auditor, and Treasurer of the Territory.

By the Auditor's Report it will be seen that the total outstanding liabilities of the Territory are $15,774.95. It will be seen by the Treasurer's Report, that "five counties only, viz : Dodge, Douglas, Cass, Otoe and Nemaha, have paid any revenue into the territorial treasury, and the counties mentioned have not paid the full amount due of them up to this time."

Both the Treasurer and Auditor recommend changes in the Revenue Law, or the enacting of a new one. I present their recommendations to your favorable consideration, as also the recommendation of the Auditor for the procurement from the different Land Offices of a list of lands pre-empted, so as to subject them to taxation.

The passage of a law that would secure the prompt payment of taxes now due, and to fall due the coming year, would pay.off the present liabilities and meet the expenses of the Territory. Justice and wisdom dictate the necessity of the passage of such a law.

The salaries of the Auditor and Treasurer are insufficient remuneration for the amount of duty they have to perform. Their compensation should be creased.

I issued instructions, during the summer, to the District Attorneys, to file information in the proper courts against each of the banks that had failed to redeem their notes, when presented for payment, with the view to have their charters forfeited. The cases are now pending, as I am informed, and undecided. While I should not have approved any bank charter that has been adopted in the Territory, and while believing the principle upon which they are based wrong, and the effect injurious, I had no intention to interfere with any corporation that had complied with the law. In all their rights they are entitled to protection. I am not advised whether application will be made by any of them for relief. If such applications are made, serious difficulties interpose, unless the banks deposite securities to redeem their issues with some public officer to be designated by law.

The charters, as passed, made the stockholders responsible for the issues of the banks. If the time of redemption is extended by the legislature, a question may arise as to whether the stockholder is not discharged unless he assents to the extension.

I suggest to you the propriety of fixing by law the evidence which shall be sufficient to transfer stocks in the Banks in future.

A law limiting the prosecution of suits in the Territory, is dictated by prudence and necessity. In some of the States of the Union the limitation of actions for the recovery of rights, by law, are extended to a long period of time, in others, the period of time is very short; reason and justice point to a period of time between these extremes that should be adopted by the Territory..

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