this act to legislate slavery into any Territory or State, or to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States."

And it is upon this doctrine-that the people are the fountain of all power-that your committee plant themselves, wholly disavowing the doctrines contained in President Buchanan's message, that this Territory is as much a slave territory as South Carolina or Georgia.

S. G. DAILY,
JAMES STEWART,
JOHN TAFFE.

Mr. Rankin, from same committee, submitted the following

MINORITY REPORT:

The minority of the select committee to whom was referred the bill for an act to abolish slavery in the Territory of Nebraska, have had the same under careful consideration, and respectfully ask leave to submit the following report:

Your committee deeply regret the introduction into this House of a bill of this character, and greatly fear that it was done at the prompting of political ambition, rather than through a sincere desire to advance the useful and legitimate legislation so loudly called for by the wants and necessities of our people. It is unfortunate for our history as a territory, that the halls of legislation have at times witnessed scenes of strife and angry controversy. Sectionalism in territorial matters has hitherto distracted our people and done much to embitter our social relations, and to destroy those feelings of brotherhood which should ever exist amongst the pioneers of a new country whose peculiar duty it is to help one another in molding and directing the destinies of a young empire, which we trust will be our pride and the glorious herit age of our child

ren.

The duties of a laborious and protracted session were about drawing to a close, and congratulations were general amongst the members, that the records of one term at least of the Nebraska Legislature would not be stained with the foot-prints of strife. We were felicitating ourselves upon the passage of criminal and civil codes, a revenue law, and other laws of a general nature which the public wants demanded. But a few days of the session still remained, and upon their labors hung the fate of the school law, a homestead law, and a license law, which were second to none in their importance and in their effect upon the well being of society. It is to be deplored that there was a single member in this hall who would not rather consecrate his efforts to the passage of these laws rather than to the introduction of a measure which can have no practical effect other than to sow dissension and discord amongst our people.

Slavery does not exist in this Territory in any practical form, and can not so exist without affirmative legislation, recognizing the right of property in slaves, and regulating the mode of protecting and controlling them, and of enforcing that right. The abstract right under the

constitution which is claimed by some, is in fact only an inchoate right, which can have no practical importance in the absence of local police regulations upon the subject. In the absence then of any such legislation upon the subject-in the absence of any effort on the part of any member of either branch of the Legislature to introduce legislation for the protection of slavery, the minority of your committee deem it not only unnecessary but extremely unwise and unpatriotic, in the present state of the public mind, to hurl this fire-brand of strife into our peaceful Territory. The page of blood which Kansas has furnished to the history of the world, should have been a warning to the fell hand which has attempted to strike such a blow at our peace and quiet.

The minority of your committee would therefore recommend the indefinite postponement of the bill. Let the pages of our journals be ever free from an allusion to the subject, and Nebraska will grow old in her career of glory, and the word slavery, either for negative or positive purposes, will never disgrace the fair pages of our statute book. All of which is most respectfully submitted,

D. P. RANKIN,
WM. C. FLEMING.

Mr. Steinberger moved that the House now resolve itself into Committee of the Whole to take into consideration

H. B. No. 131, "A bill for an act to abolish slavery in the Territory of Nebraska,"

On which the ayes and nays were called:

Ayes-Messrs. Briggs, Davis of Cass, Daily, Dean, De Puy, Lee, Marquette, Ramsey, Steinberger, Stewart, Taffe, Wattles, Young.-13. Nays-Messrs. Bramble, Clayes, Collier, Fleming, Kline, Rankin, Steele.-7.

Carried.

The House now went into Committee of the Whole.

Mr. Steinberger in the chair.

After some time being spent therein the committee rose, and

There being no quorum present, the House adjourned at 10 o'clock P. M.

WEDNESDAY, November 3, 1858.

House met at the usual hour.

Prayer by the Chaplain.

Journal read and approved.

The following message from the Council was received:

Mr. Speaker:

I am instructed to inform your honorable body that the Council has passed

C. B. No. 119, "A bill for an act requiring county clerks to give bond," and

C. B. No. 138, "A bill for an act for the appointment of masters in chancery,"

And the concurrence of the House is respectfully requested.

S. M. CURRAN, Chief Clerk.

Mr. Noel from Committee on Engrossing and Enrolling Bills, reported that he had this day laid before the Governor for his appproval or rejection

"An act to regulate ferries," and

"An act to incorporate the Nebraska City Gas Light and Coke Company."

Mr. Fleming, on leave, introduced

H. B. No. 146, "Joint resolution to compensate Henry Crowell for services as Page of the House of Representatives,"

Read first, second and third time, passed and title agreed to.

C. B. No. 141," Joint resolution to compensate Wm. A. Gwyer, Jr., for services as Page of the Council,"

Read first, second and third time, passed and title agreed to.

The majority and minority reports on

H. B. No. 131, "An act to abolish slavery in the Territory of Nebraska,"

Was now taken up.

Mr. Seymour moved the adoption of the majority report, and

On that moved the previous question,

Which was sustained.

Pending the question,

Shall the main question be now put?

Mr. Gwyer moved that both majority and minority reports be laid on the table,

On which the ayes and nays were called:

Ayes-Messrs. Bramble, Clayes, Collier, Doom, Fleming, Gwyer, Kline, Mason, Noel, Ramsey, Rankin, Roeder, Steele, Steinberger.-14. Nays-Messrs. Briggs, Davis of Cass, Daily, Dean, De Puy, Lee, Marquette, Seymour, Stewart, Taffe, Wattles, Young.-12.

Carried.

H. B. No. 44, "A bill to authorize G. W. Hunt to keep a mill dam across the south branch of Weeping Water,"

Taken up and amendments of the Council concurred in.

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

Read third time, passed and title agreed to.

Mr. Mason, from Committee on Judiciary, to which was referred C. B. No. 98, "An act to incorporate the Merchants' and Mechanics' Fire and Marine Insurance Company,"

Also,

C. B. No. 118, "A bill for an act to authorize Hueston Nuckolls, J. G. Lewis and Stephen Story, their associates and assigns, to establish and keep a ferry across the Missouri river, at St. Stephens, in Richardson county,"

Also,

H. B. No. 73, "An act for the limitation of actions,"

Also,

C. B. No. 45, "A bill for an act to amend an act entitled 'justices courts,""

Reported the same back, and recommended they do not pass,

Also,

H. B. No. 88, "An act to authorize the formation of companies for the detection and apprehension of horse thieves and other felons, and defining their powers," and

H. B. No. 115, "A bill for an act relative to the privilege of members of the Legislative Assembly,"

Without recommendation,

Also,

C. B. No. 25, "A bill for an act to authorize justices of the peace to administer paths and regulate their fees,"

Without amendment, and recommended its passage.

Mr. Rankin, from Committee on Roads, on leave, introduced

H. B. N. 147, "A bill for an act to locate a territorial road from Decatur to Niobrarah,"

Read first and second time.

Mr. Seymour, from Joint Committee of Conference, to which was referred

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

Reported the same back and recommended its passage in the shape in which it passed the Council.

Mr. Gwyer from same committe submitted the following

MINORITY REPORT:

The undersigned one of a joint committee to whom was referred a bill entitled, "An act to exempt the homestead of families from forcible sale,"

Having had the same under consideration and been unable to agree with a majority of said committee, begs leave to submit the following

MINORITY REPORT:

That in the opinion of your committee the bill under consideration is not such a homestead bill as will meet the approval of a majority of the citizens of this Territory.

The undersigned is firmly impressed with the opinion that a homestead bill having as its principal feature a limitation in value, is best adapted

to the wants of the people of the Territory, and will best subserve the interest of the creditor as well as the debtor.

Entertaining these views and having been appointed on the part of the House, which by a decisive vote insisted on the amendment offered to the bill, the undersigned is compelled by the force of his own convictions, as well as by his duty to the House which appointed him, to dissent from the action of the majority of the committee.

For these, as well as other reasons not stated, I beg leave to report in favor of insisting upon the amendment offered to the bill in the House, in order too, by this action, if possible, to prevent the passage of the act.

WM. A. GWYER.

Mr. Seymour now moved that the House recede from its amendment to the bill.

Mr. Gwyer moved to lay the motion on the table,
On which the ayes and nays were called:

Ayes-Messrs. Briggs, Clayes, Collier, Davis of Cass, Daily, Dean, De Puy, Fleming, Gwyer, Hall, Marquette, Noel, Ramsey, Roeder, Taffe, Young.-16.

Nays-Messrs. Bramble, Davis of Washington, Kline, Lee, Mason, Norwood, Rankin, Seymour, Steele, Steinberger, Stewart, Wattles.-12.

Carried.

Mr. Clayes moved to indefinitely postpone the whole subject matter, and

On that moved the previous question,

Which was sustained, and

The main question ordered.

On which the ayes and nays were called:

Ayes-Messrs. Briggs, Clayes, Collier, Davis of Cass, Daily, De Puy, Fleming, Gwyer, Hall, Marquette, Ramsey, Roeder, Taffe, Young.-14. Nays-Messrs. Bramble, Davis of Washington, Dean, Kline, Lee, Mason, Noel, Norwood, Rankin, Seymour, Steele, Steinberger, Stewart, Wattles, Speaker.-15.

Lost.

Mr. Bramble moved to adopt the majority report.

On which he moved the previous question.

Which was sustained, and

The main question ordered,

On which the ayes and' nays were called:

Ayes-Messrs. Bramble, Davis of Washington, Doom, Kline, Lee, Mason, Noel, Rankin, Seymour, Steele, Steinberger, Stewart, Wattles.-13.

Nays-Messrs. Briggs, Clayes, Collier, Davis of Cass, Daily, Dean, De Puy, Fleming, Gwyer, Hall, Marquette, Norwood, Ramsey, Roeder, Taffe, Young.-16.