the motion of Mr. Steinberger, and does not state the points of order raised by Mr. Clayes, nor the decisions upon them; and in that it does not state that on the motion of Mr. Rankin, on the motion of Mr. Steinberger, on the motion to read the bill (C. B. No. 3) the third time, and on the motion that the bill pass, the previous question was on each motion called, preventing and cutting off amendments or debate.

And the undersigned do further state that the following is a true record that should appear on the journal:

After the motion of Mr. Mason to instruct the Committee on Schools, herein before referred to,

Mr. Collier moved to take up the special order of the day.

This motion was not entertained by the Speaker, who stated that the proper motion would be to take up the business on the Speaker's table. A motion was made to take up the business on the Speaker's table. Mr. Gwyer moved to take up the Revenue Bill, that being the special order of this day, at 10 o'clock A. M.

Ayes and nays were called, and the motion lost.

Mr. Rankin then moved to take up the unfinished business, and called the previous question.

Mr. Gwyer moved to lay the motion of Mr. Rankin on the table.
The ayes and nays were demanded, and the motion was lost.
The question on Mr. Rankin's motion,

Carried.

The Speaker then placed before the House

C. B. No. 3, "An act to exempt the homestead of families from forcible sale,"

And upon this, questions of order were raised against the action of the Speaker, which were decided by the Speaker against the persons who submitted the questions; on appeal, the decisions of the Speaker were sustained by a majority of the House.

Mr. Gwyer moved to take up the minority report of the special committee, and the bill reported by them, as being the unfinished business. Questions of order were here submitted against the act of the Speaker in taking up C. B. No. 3, and to sustain Mr. Gwyer's motion. Mr. Gwyer's motion was not entertained.

The Speaker then laid again on his table the C. B. No. 3, and took up the bill reported by the minority of the special committee, to whom was referred the Homestead Bill, as the unfinished business.

The question then arose on filling the blanks in the first section of the bill; on which the ayes and nays were demanded.

(The vote on the filling of the blanks is correctly stated in the Journal.)

The question then arose on the amendment of Mr. Rankin.

Ayes and nays called, and the amendment lost.

(As is correctly stated in the Journal.)

Mr. Stewart now moved to lay on the table the whole matter connected with the Homestead Bill, except C. B. No. 3, "An act to exempt the homestead of families from forcible sale."

The ayes' and nays were demanded: Ayes-19. Nays-12.

Mr. Collier submitted questions of order Nos. 1 and 2:

1st. The motion of the gentleman from Douglas (Stewart), to lay on the table all except C. B. No. 3, does not leave the C. B. No. 3, before the House, for the reason, that bill was not before the House yesterday, and can not be included with the unfinished business.

2d. There being a special order (the Revenue Bill), that order can not be suspended, and C. B. No. 3 taken up, unless by vote of two-thirds. The Speaker decided that both points of order were not well taken. An appeal was then made to the House, and the decision of the Speaker was sustained.

Mr. Steinberger moved to take up C. B. No. 3, and that it be read the third time, and at the same time offered the following amendment:

By inserting after the words "family homestead," the words, "of every free white householder of this Territory, male or female, being an occupant or owner of the premises,"

And called the previous question.

Mr. Clayes then raised questions of order Nos. 1 and 2.

1st. That no amendment is in order until the question is stated by the Chair to be on reading the bill the third time.

2d. That two distinct and independent motions can not be made at the same time and the previous question called, thus confining the action of the House to the two motions cutting off debate.

The Speaker decided both questions of order were not well taken; and an appeal was made to the House, and ayes and nays demanded, and the decision of the Speaker was sustained.

The question then (the previous question having been called) was taken up, on the amendment of Steinberger, and the amendment was adopted, by ayes 17, nays 14.

A motion was then made to read the bill a third time, and the previous question called and seconded.

The bill was then read the third time.

Having thus stated particularly our objections to the journal, and stated the proceedings truly as we believe, we do protest against the action of this House, by which we were refused (on yesterday, the 22d) any correction of the journal.

It is due to every member of this House, and to the House collectively, that the journal should state precisely the action of the House, and be a perfect record of its proceedings. The journal of the 21st is not a true record of the proceedings, and presents the undersigned opponents of the homestead bill (the Council Bill No. 3) as tamely and silently permitting that bill to pass without amendment or opposition, other than the mere record of part of the votes taken immediately before and on its passage.

We are therefore compelled to this statement, and respectfully ask and insist upon our just right, to place our statement and protest on the records of the House.

DAVID L. COLLIER,

WILLIAM A. GWYER,
GEORGE CLAYES,

MILTON F. CLARK.

Mr. Mason moved to refer the statement of Messrs. Collier, Gwyer, Clayes and Clark to a special committee of five.

Mr. Gwyer moved to lay ihat motion on the table.

Lost.

Question on the motion for a select committee.
Carried.

Committee.-Messrs. Mason, Rankin, Gwyer, Seymour and Hall.

Mr. Stewart from Committee on Corporations made the following report:

Your committee to whom was referred

H. B. No. 85, "A bill for an act to incorporate the Salt Creek Bridge and Ferry Company,"

Having had the same under consideration beg leave to report the same back with the following amendments and recommend its passage: Strike out the words, "have perpetual succession," in section first, and insert at the close of that section the words, "and said corporation shall expire and cease to be possessed of the powers and privileges contained in this act at the expiration of ten years from and after the passage of this act,"

Your committee also report back

H. B. No. 36, "A bill for an act to incorporate the Ionia Town and Ferry Company,"

And recommend its passage with the following amendment, viz: strike out all after the word "regulate" in the third section, and insert the following: "As govern and regulate the ferry at Sioux eity."

The same gentlemen also submitted the following report:

Your committee to whom was referred

C. B. No. 24, "A bill for an act to authorize James Folden and A. S. Folden to build a mill dam across Weeping Water river,"

Having had the same under consideration beg leave to report the same back with the following amendment and recommend its passage: After the word "erect," in section two, insert the following, "provided that the back water from said dam does not obstruct the crossing of said stream on any public highway."

Your committee also report back

H. B. No. 78, "A bill to incorporate the town of Pawnee city,"
And recommend its passage.

JAMES STEWART,

DAVIS,

BRAMBLE,

KLINE,
RAMSEY.

Mr. Kline moved to take up

H. B. No. 74, "An act to relocate the seat of justice of Washington county,"

'And refer that, together with all the papers connected therewith, to a special committee of five.

Mr. Davis of Washington moved that the whole subject in connection with that bill, be made the special order of the day for to-morrow.

Carried.

Mr. Gwyer moved that the special committee, to whom was referred the statement and protest of Messrs. Collier, Gwyer, Clayes and Clark, be instructed to report on Wednesday next.

Carried.

Mr. Davis of Cass moved to take up business on Speaker's table.
Carried.

Mr. Davis of Cass moved that all bills be taken up in the order in which they were introduced.

Lost.

C. B. No. 13, "A bill for an act to amend an act entitled 'An act for locating, opening, repairing and changing county roads,' approved January 26, 1856,”

Was now taken up.

On motion of Mr. Clark,

The amendment proposed by the Council was agreed to.

H. B. No. 54, "A bill for an act to locate a territorial road from Wyoming to Salt creek,"

Was then taken up, and,

On motion of Mr. Hall,

The amendment proposed by the Council agreed to.·

H. B. No. 53, "A bill for an act to locate a territorial road from Nebraska city to Platte river,"

Was taken up, and,

On motion of Mr. Gwyer,

The amendments proposed by the Council agreed to.

H. B. No. 37, "A bill to authorize John H. S. Grove and Charles F. Putnam to run a ferry across the Missouri river at Ponca landing, Dakota county,"

Was taken up, and,

On motion of Mr. Bramble,

The amendments proposed by the Council were agreed to.

The following message from the Council was received:

COUNCIL CHAMBER,

Oct. 25, 1858. }

Mr. Speaker:

I am instructed to inform your honorable body that the Council has passed the following named bills, and the concurrence of the House is requested therein:

C. B. No. 76, "An act to incorporate the Frankfort Town and Ferry Company."

C. B. No. 100, "A bill for an act to locate and establish a territorial road from Peru, in Nemaha county, to the Kansas line in Richardson county, N. T.; and

C. B. No. 110, "A bill for an act to locate and establish a territorial road from St. Stephens, in Richardson county, to intersect the Military road from Fort Leavenworth to Fort Kearney."

I also return you

H. B. No. 42, "An act for the regulation of county jails,"

The same having passed the Council without amendment.

Also,

H. B. No. 52, "A bill for an act to authorize R. W. Frame to keep a ferry across the Missouri river at Peru, Nemaha county,"

The same having passed the Council with the following amendments, viz:

In section two, line seven, strike out "three" and insert "two."

In section four, line five, insert "twenty-five" instead of "thirty;" line six, insert" twenty-five" instead of "thirty;" line seven, insert "for two horses, or mule and buggy," "seventy-five;" line eight, insert "fifteen" instead of "twenty-five;" line nine, insert "five" instead of 'ten;" line ten, insert "five" instead of "ten;" between lines ten and eleven insert the following-"for single horse, or mule and cart, sleigh, or buggy," "fifty."

I also return you

H. B. No. 44, "A bill to authorize George W. Hunt to keep a mill dam across the south branch of Weeping Water, in Cass county," Which passed the Council, with the amendments thereto attached. And the concurrence of the House is requested.

S. M. CURRAN, Chief Clerk.

C. B. No. 3, "A bill for an act to exempt the homestead of families from forcible sale,"

Was now taken up.

Mr. Clark moved that the House insist upon its amendment to the bill.

Call of the. House ordered:

Absent-Messrs. Clayes, Doom, Mason, Steele, Steinberger and

Wattles.

Mr. Marquette moved that all further proceedings under call be dispensed with.

Lost.

The Sergeant-at-arms was dispatched for absentees.

Mr. Young moved to dispense with all further proceedings under call.

Carried.

Mr. Noel, from Committee on Engrossing and Enrolling Bills, reported House Bills Nos. 28, 63, 39 and 76, as correctly engrossed.

Mr. Clayes moved that