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Oct. 5, 1858. S Mr. Speaker:
I am instructed to inform your honorable body, that the Council has passed C. B. No. 33, "A bill for an act to locate and establish a territorial road from Nebraska city to Salem," and the concurrence of the House is requested.
S. M. CURRAN, Chief Clerk. Mr. Steele moved that the House now go into Committee of the Whole, for the consideration of
C. B. No. 2, "A bill for an act to license the sale of malt, spiritous and vinous liquors in the Territory of Nebraska."
Mr. Steele reported that the committee had had the bill under consideration and recommended its reference to a special committee of three, with instructions to report a new bill at some future day.
The report having been received,
Mr. Clark moved the appointment of a special committee of three in accordance therewith.
WEDNESDAY, October 6, 1858.
House met at the usual hour.
Mr. Wasson gave notice of a bill for a charter for a ferry across the Missouri river at Wyoming, in Otoe county.
Mr. Mason, from Committee on Judiciary, reported,
C. B. No. 34, “Joint Memorial and Resolution relative to a Homestead,” without amendment, and recommended its passage,
Which bill was then read third time and passed.
The title of the bill was so amended as to read : “Memorial and Joint Resolution relative to a Homestead."
Mr. Mason, from Committee on Judiciary, to which were referred House Bills Nos. 1, 2, 7, 10 and 15, Bills for a Homestead Exemption act, submitted the following report:
“The undersigned, to whom were referred various Homestead Exemption Bills have carefully examined and considered the same, and would respectfully report the accompanying substitute for the consideration of the House, and recommend its passage :
Your committee would further state, that in addition to the ordinary reasons and arguments in favor of the wisdom of legislative action protecting the homesteads of families from forced sale and execution, the peculiar situation of the people of this Territory, and their present circumstances, urge this policy upon us, with a force which we can not resist, animated as we are by a desire to subserve the public good. But one year ago, everything around us rejoiced in the sunlight of prosperity and success. Enterprise was conducting our people through a thousand avenues, illuminated with the brilliant torchlight of hope, to individual and national wealth.
The conquest of the wilderness went on like the work of magic; civilization was fast rearing her altars on the camp ground of the savage, and on every hand abounded the certain indications of thrift and contentment. But suddenly a cloud came upon the prospects of our people, and the gloom of midnight succeeded the brightness of noon day. A financial revulsion without parallel in the history of our country has entirely deranged the affairs of our people; and the ruin of thousands of our citizens is inevitable unless they are upheld and sustained by the helping hand of legislation.
The home of the settler, the scene and the result of his hardship and toil, must go to swell the fortune of the merciless speculator and heart-' less and foreign money lender, unless the law, armed with justice, shall say to the avaricious and grasping creditor, “Thus far shalt thou go, and no farther.” And unless this is done, I fear a spiritless inaction will succeed to and take the place of that tireless energy and persevering industry which has hitherto characterized our young and vigorous population.
Our people are not responsible for this state of things; no human sagacity could have averted the evil. It came upon us like an avalanche, and has swept away the prospect which encouraged our individual efforts, and abated the ardor of enterprise which guaranteed our suc
Your committee is clearly of the opinion that a liberal Homestead Law is more loudly called for by the wants of our people than any one other act of legislation. The passage of such a law would not only relieve our own citizens from their present embarrassment, but would
encourage emigration, offering, as it would, an inducement for settle. ment amongst us of that class who have felt the hand of adversity most severely in other parts of the country. Many a man of enterprise and possessed of good business qualifications would thus be induced to gather up the remnants of a broken fortune, and purchase a homestead among us, and here upon our broad prairies and from our generous soil, would, in the enjoyment of his home, by the fostering care of legislation, rear a home which would be an ornament to our country and a proud heritage for his children.
Another great benefit, universal in its application, which would result from the passage of a liberal homestead law, would be the blow that would be given to the credit system, that most dangerous of all ystems, which destroys alike all who trust to the plaudits of its admirers.
For these and other reasons equally and still more weighty, your committee would most respectfully urge the early passage of a liberal homestead exemption law.
0. P. MASON. On motion of Mr. Briggs, The report was accepted. Mr. Clayes moved that the reported be printed. Lost.
H, B. No, 23, "A bill for an act to exempt a homestead and certain other property from forced sale,"
As reported by Committee on Judiciary, was now taken up on its introduction, and
On motion of Mr. Clayes, Was ordered to be printed, and its consideration made the special order of the day for Saturday next.
Mr. Stewart, from Committee on Judiciary, submitted the following report:
Your committee, to whom was referred H. B. No. 16, "An act explan. atory of an act regulating the disposal of lands purchased in trust for 'town sites, approved Feb. 10, 1857,” having had the same under consideration, beg leave to report the accompanying substitute, and recommend the passage of the same.
0. P. MASON,
On motion of Mr. Rankin, Was recommitted to same committee, with instructions to report a bill containing the entire law.
On application of Mr. Daily,
Mr. Seymour obtained leave of absence.
The bill was then read a first, second and third time, under a suspension of rules, passed and title agreed to.
On motion of Mr. Clark, The House now proceeded to business on the Speaker's table and special orders of the day.
C. B. No. 15, “A bill providing for the appointment of deputies," Was now considered.
Mr. Rankin moved to amend, in section one, by striking out the words, “and be approved by the authority that has the approval of the principal's bond.”
Mr. Steinberger moved to recommit the bill to a select committee of three, to consist of Messrs. Rankin, Taffe and Collier.
Mr. Hall moved to amend by inserting the word “respectively," after the word “librarian,” in section one.
Mr. Davis of Washington moved to amend, by striking out all of section four.
Mr. Davis of Cass moved, as an amendment to the motion to amend, to strike out all in section four after the word “fit."
On motion of Mr. Rankin, Section five was amended, by striking out all contained within the parenthesis.
On motion of same gentleman, Section six was amended by inserting after the word "salary," the words "and no fees."
On 'motion of Mr. Davis of Cass,
Oct. 6, 1858. Mr. Speaker:
I am instructed to inform your honorable body that the Council has passed
C. B. No. 35, Joint resolution and memorial relative to the construction of a wagon road from the Platte river to the Kansas line."
Also, C. B. No. 52, “Memorial and joint resolution on the subject of court houses and jails."
And the concurrence of the House is requested.
I have also to inform you that the Council have concurred in the amendment of the House to the title of C. B. No. 34.
S. M. CURRAN, Chief Clerk.
On motion of Mr. Briggs,
H. B. No. 19, “A bill for an act to authorize Wm. A. Taylor, his heirs and assigns to keep a ferry across the Missouri river at Saint Deroin,"
Was now taken up.
Mr. Clayes moved that the bill be read second time and referred to Committee on Internal Improvments.
C. B. No. 33, “A bill for an act to locate and establish a territorial road from Nebraska city to Salem."
Was read first and second time, by title and referred to Committee on Roads.
C. B. No. 35, “ Joint memorial and resolution relative to the construction of a wagon road from the Platte river to the Kansas line."
Was read first and second time and referred to Committee on Federal Relations.
C. B. No. 52, “Memorial and joint resolution on the subject of court houses and jails," Was read a first time, and
On motion of Mr. Rankin, Was laid on the table.
Messrs. Davis of Cass and Doom obtained leave of absence until Tuesday next.
Mr. Lee moved that the special committee to whom was referred,
C. B. No. 2, "A bill for an act to license and regulate the sale of malt, spirituous and vinous liquors in the Territory of Nebraska,"
Be instructed to report on Tuesday next.
On motion of Mr. Clark,
THURSDAY, October 7, 1858. House met at the usual hour. Prayer by the Chaplain. Journal read and approved.
Mr. Daily presented a petition from Isam Holland and others in relation to the boundary line between Nemaha and Otoe counties.