DELLEVUEJJAZETTE. 1IKNHY M. HURT, Ntwi and I.or rJitor. DELLE VUE, N. T. THURSDAY, DEC. 17, 1857. Nebraska Legislature. Th Fourth Legislative Assembly, cf Nebraska Trrritory, convened at Omaha City, oo Tuesday, Dec. 8, 1857. COUNCIL . : ; Tuesday, Dec. 8th. . Council was called to order, ly Air. Allan of Sarpy. Gen. L. L. Bowen was chosen Presi dent fro em., Warshburn SofTord, Clerk, pro ttm., when the Council proceeded to permanently organize, ly the election of Geo. L. Miller, President, Washburn Saflbrd of Otoe, Chief Clerk, Sam'l II. Elbert, Asst. Clerk, John Reck, Sergeant. at-Arms, and Joseph 11. Cromwell, Door Keeper, Rev. Mr. Watson, Choplin. Wednesdny, Dec. 9th. The President announced the Standing Committees. The Council repaird to the Hall of the House of Representatives, to hear the Governor's Message, after which, ad journed. Thursday, Dec. 10th. Mr. Reeves, Chairman of Select Com mittee, reported that the Government would pay the postage of the members and Chief Clerk of the Council. The following Bills were introduced : An Act to locate a Territorial road from Omaha to Elkhorn River. An Act to incorporate the City of .Washington, in Dakota County. An act to incorporate the town of Oma di, in Dakota County. An act to repeal an act, entitled an net to restrain sheep and twine from running at large, in Dakota County. An act to provide for the better regu lation of schools in Nebraska. An act amending the charter of Nema ka City. .vAa act incorporating the Nemaha Hy draulic Company. . On motion of Mr. Bo wen, a Committee was appointed to inquire iuto the condi. tion of the Capitol building, its cost and to whom it belonged. " Messrs. Bowen and Rogers, were ap pointed such Committee. Adjourned. Friday, Dec. 11th. The following Bills were introduced : . An act consolidating the corporations of Nebraska City, South Nebraska City, and Kearney City. !'An act to ' incorporate the town of Greegsport. Geo. A. Graves wns elected enrolling and engroting Clerk. - Messrs. Bradford and Rogers were ap pointed a Committee of two, on part of the Council, to confer with a like commit tea, on the part of the House, to report a criminal code. Adjourned. Saturday, Dec. 12th. The following Bills were introduced : An act regulating fees and salaries. An act regulating the sale of spiritous liquors. Mr. Bvnren moved that a Committee of two be appointed on the part of the Couu cil, to confer with like Committee from the House, to inquire into the condition of Baoka in the Territory, and also to inquire into the expediency of enacting a general banking law, similar to the banking law of Wisconsin or Illinois. Messrs. Bowen and Sailisbury, were appointed such Committee. Mr. Sa fiord, by leave, inttoduced the following Bill : An act exempting the homestead from forced sale. On motion of Mr. Kirkpatrick, the Council went into the Committee of the whole, on the Governor's Message. Mr. Bowen in the Chair. HOUSE. Tuesday, Dec. Sih. The House temporarily organised by electing S. A. Strickland of Sarpy, Speak er; S. M. Curran of Washington, Chief Clerk ; Hudson George of Nemaha, As sistant Clerk ; John E. Dailey of Doug, las, Sergeant-at-Arms ; Isaac K. Fisher of Douglas; Door Keeper. Oa motion of Mr. Armstrong, a Com mittee of five was appointed to examine the credentials of Members. Messrs. Holloway, Hail, Stewart of Washington, -MauetU) and Taggart, were elected . auch Committee. 'J '"' ; Wednesday, Dec. 9ih. The Committee on credentials reported that they had examined the credentials of members, and Sad the following mem ben duly elected, and entitled to eats : Burl and Cuming. William 11. Bock. Can. . . Lawson Sheldon, T. M. Marquette, K. A. Donelan. Dakota. William G. Crawford, FJward C. Jones. Douglas.. George Armstrong, James Stewart, Joseph W. Paddock, Wl R. Thrall, Geo. Clnyes, John Steinherger, Andrew J. Popplelon, Michael Murphy. Dtxlgt und Platlt. John W. Taggart. . Ntmaha and Johmon. Albert J. Benedict, Samuel A. Cham bers. . . Richardson end Pavmet. Wingate King, A. F. Cromwell. Srtrjn. Amos Giites, Charles Holloway, James Davidson, Silas A. Strickland. Washington, Parris O. Cooper, P. C. Sullivan, James S. Stewart. Otoe. Win, B. Hail, Joshua G. Abbe, J. ft Campbell, J. Sterling Morton, James C. Decker, I). B. Rolb. Which Report was received and adopted. On motion of Mr. Benedict, the name of Mr. Minich of Nemaha, was added to the list. Mr. Poppleton moved that the House now proceed to ballot for permanent olii cers. Carried. Mr. Decker moved the House now pro ceed to elect ollicera, viva voce. Mr. Poppleton challenged motion. The Speaker decided House coulJ only vote viva voce under rule. An appeal was taken, and the ayes and nayes being demanded, resulted in the chair being sustained. Mr. Poppleton moved suspension rules. Carried. Mr. Poppleton moved that the House now proceed to ballot for permanent offi cers. Carried. Messrs. Paddock and Holloway were appointed tellers, for Speaker. Mr. Holloway nominated Mr. Decker of Otoe. Mr. Paddock nominated Mr. Morton of Otoe. . Mr. Decker wys elected ou first ballot by a vote of twenty to twelve. The House then proceeded to ballot for Chief Clerk. Messrs. Curran of Wash ington and J. Howard of Cass, were nom inated. Mr. Currnn wa elected on first ballot, by a vote of nineteen to fourteen. The House Ihon proceeded to elect other permanent officers. Mr. Howard of Dakota was elected Assistant Clerk. Mr. Matthias of Sarpy ,Sergant-al- Arms. Mr. Fisher of Douglas, Door Keeper, and Rev. Mr. Chivington, Chaplain. The Secretary then came within the bar nnd administered the oath of office to officers and members. The Council mid House then met in joint Session, and received Governor's Message. On motion it was Resolved, That the Territorial Printer be directed to publish 3000 copies of Governor's Message. Thursday and Friday. The greater part of these two days was occupied in a discussiou of tho pro priety of electing a Page. The- oppo nents of the measure, based their ppposi tion upon the ground, that, as the United Mates Oovernment had made no provis ion for lite payment of such an otficcr, it was not right for the Legislature to sad dle the expense upon the Territory. That it was the duty of the Legislature to re trench expense. That we had dono with out a Page last year, and could do without this year. However, afier much und elo quent debate, the House decided to elect a Page. Clarence Clark of Douglas was elected. The following notices of Bills were j,iven: By Mr. Armstrong: A Bill to incorpo rate the Grand Lodge of Free and Ac cepted Masons of Nebraska. By Mr. Steinbergtr : A Bill to repeal all the Bank Charters in the Territory. By Mr. Abbe : A Bill to incorporate the town of Brooklyn, in Otoe County. Also a Homestead Bill. By Mr. Poppleton: A Bill to provide a criminal code for Territory of Nebraska. By Mr. Paddock: A Bill to incorpo rate the Omaha Library Association. By Mr. Taggart: A Bill to amend the charter of the city of Fontenelle. By Mr. Hail: A Bill granting a char ter for a Ferry across Missouri River at Nebraska City. By Mr. Martin : A Bill to consolidate Kearney City, Nebraska City and South J Nebraska, under one inunicp!e charter. By Mr. Strickland : A Bill to incorpo ratej an Agricultural Society, for the County of Sarpy. By Mr. Holloway s A Bill to repeal Act incorporating Leau qui court companj By Mr. Sullivan: A Bill ammeuding attai nment Law. Also, a Bill repealing exemption law. 1 By Mr. Campliell: A Bill to regulate trade in intoxicating liquors. By Mr, King: A Bill to authorize ar bitration of causes pending in District Courts. Notices of a number of other Bills of minor importance were given, which we will notice in their proper place. Mr. Armstrong presented the petition of Alonzo Perkins, claiming a right in Perkins to sit as a Delegate from Wash ington County, which was referred to a Committee ou Privileges und Elections. The Committee on Credentials reported that they had examined the credentials of Joseph Van Horn ; and that he wns en titled to a sent in the House as Delegate fram Cass. Mr. Van Horn was sworn in. The House then determined thnt their daily sessions should commence at 9 o'clock, A. M. Saturday, Dec. 12th. On motion of Mr. Holloway, the Clerk wai instructed to furnish each member of the IIouso with twenty copies per week, of som; newspaper or newspa pers, published in thu Territory, to be se lected by each member. The Committee on Rules and Regula tions, for the Government of the House, reported that they had examined Rules of last House, and recomneuded their adop tion. Uepott received and adopted; and 150 copies of said rules ordered to be printed for use of members. Mr. Stewart of Douglas, presented Re port of Superintendent of Com. Schools; which was received and adopted, nnd 500 copies ordered to be printed for use of members. House went into Committee of the whole on Governor's Message. Mr. Paddock n the Chair. Mr. Strickland gave notice of a Bill to regulate mnnner.and change day of hold ing general election. Messrs Bowen nnd Salisbury 'of Coun cil, ami Messrs. Armstrong, Strickland, and Donclan of the House, we.e appoint ed a j )int Committee, to investigate the condition of Bunks in the Territory. The greater part of the afternoon ses sion, was spent in mi exhibition of tho country member', to the inspection and scrutiny of tho urbane Indies. Said exhi bition was highly satisfactory to the la dies. But one incident transpired to mar tho harmony of the occasion. Several of the members frein the outer districts, would indulge in raising a cloud of smoke, caused by brrning of tho Virginia weed. At this the ladies became disgusted, anJ left in high dudgeon Slundins; Committees. COUNCIL. Judiciary. Messrs. Bradford, Rogers ami Kirkpatrick. Finance, IVuys ami Means. Messrs. iiri,patric;, Keeves ana Allen. Education, Messrs. Furnas, Bowen and Puett. Military sJjf.iirs. Messrs. Bowen, .Mr Donald snd Clancy. Highway, Bridges a ni Ferries. Mes srs. Sarford, Pumas and Sulisbury. Expenditures. Messrs. McDonald, ralloil ami Uowen. Lworporations. Messrs. Salisbury, h.irl.patric! ami McDonald. Ttrritori.il Library. Messrs. Clancy, Alien nnd Jfrndfcru. Pvliic Buildings. Messrs. Rogers, Sailsburv and Puett. Elections. Messrs. Rogers, Clapry and Niiiord. Count if.. Messrs. Puett, Salisbury and Snltoi'i!. Piiiiti ig. Messrs Kirkpatrick, Ro, ers nnd Puett. , Agriculture. Messrs. Reeves, McDo nald and Furnas. Enrolling and Engrosing Bills. Mes sirs. Allen and Reeves. HOUSE. Privileges and Elections. Messrs Campbfil, Strickland, Chambers, Pad dock and Beck. Hays and Mean. Messrs. Thrall, Steinberiter, Beck, Jones, and King. Juditiury. Messrs. Crawford, Pop pleton, Marquette, Campbell and Sullivan, Accouuts and Exixndilures. Messrs, Albe, Armstrong, Benedict, Rogers and . i is jneiuon. Agriculture. Messrs. Chambers, Cromwell, Vanhorn, Murphy and Morton. Roads. Messrs. Stewart, of Douglas, Robb, Joues, Thrall, and Mimch. Militia. Messrs. Gates, Cooper, Claves, Thrall, and Sheldon. Put, He Buildings and Grounds. -Messrs. Hail, Donelan, Holloway, Poppleton, and Benedict. Internal Improvements. Messrs Clayes, Davidson, Robb, Mimch, and Rogers. Federal Rrlations. Messrs. Donclan, Stewart of Washington, Murphy, Gates, and Crafjrd. Engrossed and Enrolled Bills. Messrs Paddock, Davidson, Abbe, Vanhorn, and Cooper. County Boundaries, and Covnly Stats. Taggart, Hail, Holloway, Vanhorn, and Beck. ' Corjwrations. Messrs. Holloway, Steinberger, Cooper, Hail, and Benedict. Library. Messrs. King, Thrall, Min ich, Morton, and Davidson. Banks ami Currency. Messrs. Strick land, Sullivan, Robb, Stewart of Douglas, and Steinbergcr. Common Schools, Colleges, and t'nitvr- iies. Messrs. Stewart, of Washington, Murphy, Sheldon, Armstrong, and Crom well. 1 Public Printing. Messrs. Marquette, Davidson, Taggart, Morton and Arm strong. (ovcrnor'i Message. Gentlemen vf the Council and House of Represntatives : We are nsseinbled, to-day, under the most favorable auspices. The Territory of Nebraska has, thus far, achieved all that her friends could nsk. Her early or ganization and rnpid progress hnve signal ly illustrated tho safety and expansive force of the principle of the federal coin pact, from which naturally, sprang her Organic Act. The imprint of her "Great Seal" has been genuxne. Port lab Sovcacion tv " has been vindicated ; ' Prourcss," verified. Peace and good order, practi cal vigor and manly observance of consti tutional obligations have characterized the conduct of our people. No dangerous ag nations or political heresies have been per mitted to take root; but the seeds of in dustry, education and law, planted at the commencement, by enterprising and prac tical men, have vended the legitimate fruit of a safe nnd efficient self government. L nder such circumstances, and inhabit ing a county of such vast extent, natural eatity and productive wealth although lamentable dissensions hnve given to our sister territory a wider notoriety we may well congratulate each other, to-day, upon our verification of tho political truth, ' Happy is that people whose annals arc tranquil. We hnvs assuredly, no ordinary cause of gratiude to Him who rules over all thing, for the opportunities vouchsafed us the advantages of geographical posi tion on the great natural line of com merce a foremost place in the race of Territories and the facilities of modern improvements and ereat enterprises to promote our advancement in every de partment oi industry and art. By a con tinued adherance to wise and moderate councils by earnest and real public spir it and internal harmony, immigration will be rapidly increased our new counties speedily populated the great cities of the sea board will identify with ours their commercial interests and capital once more liberated from financial paralysis will find its safe and more profuuble in vestment in the fee-simple of our fertile woodlands, prairies and valleys. Reposing entire confidence in the in- tegr ty nnd intelligence of the represent atives of a rreat people, convened to de liberate for the general good, 1 cordially unite w ith von in a deep sense of the res ponsibilities devolved and a sincere desire to co-operate w ith you in meriting the good opinion of our constituents at large. To protect most effectually thetr interests; to elevate public character; to foster in dustry, temperance and virtue; to build up institutions of charity ; to educate those who are to follow us; to stimulate to public spirit and moral manliness ; to systematise and adapt the duties of Ter ritorial, County und Township officers ; to consolidate and perfect a code of practice ; to develop our natural and mineral wealth; in a word, to direct the Supt erne power to the best good of the governed and achieve for Nebraska that sterling name and conspicuous place which her natural resources nnd th bpirit of her people de verve and demand and to effect all this in the short space of forty days, in nn as sembly of two Houses and conflicting in tetests, i i a manner su'.isla tory to any of us, is certainly a task requiring conscien tious u ltd constant application, regardless of considerations of personal or local grat ification or advantage. We meet to-day, for the fourth time, at the place first chosen for the Territorial Capitol, and in the spacious and imposing edifice now neatly completed under the appropriation by the General Govern ment, and through the public spirit of the City of Omaha. The cjstof the struc ture having far exceeded the estimates and the deficit having been promptly con tributed for the general good, there can be no doubt that justice of an earnest ap peal for the reimbursement of the amount (5)50,000) will be recognized by every citizen ; nor can we refrain from the be lief that Cnj;ress will not be reluctant to defray the additional requisite expense. The actual necessities of the Territory require the servir.es of a Surveyor Gener al, and assurances have been received en couraging the hopi that an effort to se cure such an appointment will be success ful. The memorial for the proper distribu tion or troops along tlm emigrant line should also be renewed, in connection with an application for crams of land for railroads. The propriety of such assist ance from the General Government is un questionable. W are on the direct Kne of communication between the great ports of the Atlantic and Pacific. The com merce of the lakes we lis the tide with the mineral and agricultural wealth of the north, and if to-day the wisdom of the feder al ion should be called upon to fix the most feasible and profitable national route, it would teem that a determination in favor of this natural line between the depots of the tar east and west, along the A alley of the Platte, would be coerced by the ne cessities of trade, with the force of math ematical truth applied to experemeutal practice. Private enterprise cannot be relied upon ta undertake so stupendous a project. Un der the social and business system of this country, there is no monopoly. Individu als, with or without money, credit or posi tion, may project railroads and other in ternal improvements, barter in shares and at last abandon their schemes to their own advantage and the ruin of others. The fluctuations and uncertainties of private speculations will not be seriously enter tained in the action of the General Gov ernment upon a matter of such admitted military necessity and national import ance. Provisions for a railroad to the Pacific, along the route above mentioned should be urgently sought from Congress at its present session, before the most valu able land shall have been secureed by speculators or settlers. We may congratulate each other how ever, on the actual commencement of a work of approximate and preliminary im portance. The arrangements for the completion of the second Division of the Atlantic and the Pacific Telegraph from the Missouri River to the Pacific, have been perfected under the direction of Mes srs. Henry O. Reily, John J. Speed and other eminent contractors and practical lelegrnphers. While the public pulse has been so quickened by the hope of an Oce anic communication between the old nd new worlds, comparatively little has been said in respect to a lino or more direct benefit to our own country to be built without either money or favor from the Government and requiring only such protection as the interests of the country demand for the security of hmigrants, The proprietors solicit only a proper dis tribuiwn of Government Troops, in gnrri sons separated by a reasonable distance and having a certain and daily communi cation by means of detachments. By troops thus apportioned, the letter mails could be regularly transmitted, travelers protected, railroad projects advanced, the country colonized ond the telegraph line completed m a short space of time, with out addition expense to the General Gov eminent. The citizens of the West can not regard with indifference so public spir ited an ellort and in which the only en courngements asked is that protection of intercourse which should long since have b-en conceeded, in justice to western in terests. A memorial should also be forwarded, praying for an appropriation for a milita ry bridge across the Platte Kiver. Lvery good citizen ardently desires that ih fruit less sectional alienation heretofore exist ing between the two sections of the terri tory should cease forever, and willl heart ly approve the endeavors of your honora ble body to contribute to such a result, I lie importance of the earliest 'transmis sioii of these memorials to Congress should elicit immediate action. To the country at large the past has been truly an eventful year. A disus trous monetary revulsion delayed for i time by the great supplies of gold from estern discoveries has befallen us at Inst prostrating credit destroying con fidence ruining individual and associated capitalists disclosing monstrous frauds, and bringing distress, penury and beggary to the doors of tens of thousands of the industrious clusses, all over the Union, In the public prints are long lists of brok en or suspended banks. The immense influx of coin hat only stimulated to an in creased manufacture of paper promises. It is estimated that about two thirds of the currency of the country is Veil. The cri sis was inevitable, and it remains only to profit by its severe and emphatic warn ings. It mny be urged that specie is again re turning to its former channels, and that public trust wll soon revive. Yet what an amount of coin will repair the injury already wrought or afford a basis se curity against human avarice, stimulated to extravagant speculation, nnd unscrupu lous excesses, by the facilities afforded by an insecure Banking System. The His tory of profitable" banking is inevitably the history of alternate depression, over action and ruinous expansion. May we not hope tliafihe eveuu of the year will lead to a general reform, aud to the re striction of paper to the use of commer cial men? Believing, as I do, that the whole system of Banking is insecure even when based on State Stocks aud Se curities where one promise to pay is made the basis of another both, perhaps, equally falacious tnd being especially convinced that the institution of banks in this Territory was impolitic, and that there are imperfections iu the Charters I re spectfully urge that some adequate means be taken to remedy the evil, and protect our citizens in future. Many persons who h ive realized from such systems, advan tage to themselves, may have heretofore been no danger to others. But the exper iment has uow, at last, been fully tried, and none can be so far deluded by the transient stimulous and temporary vigor imparted to business transactions by traffic in expanded credit, as to fail to see the necessity of additional protection of labor and of the great agricultural and other producing interests, upon which our true prosperity depends. The action of the first few years is apt to fix the character of the future State; and, in the important respect of the fiuancial policy, to be pur sued, no timidity or indifference or inter ested motives should be permitted to pre vent or postpone a determined effort to avert in future, calamities such a- those from which the country is just emerging. The Banks now in existence in the Ter ritory are perhaps as safe as most of such institutions prudently inauaged in their infancy, but few of the community have suffered loss ; yet it is eq ally true, that the profits are to be made hereafter, la the mean lime, gold and silver, withdrawn from Eastern adventurers and depositors, may be expected in sufficient quantities for the ordinary purposes of trade. Al though, therefore, Paper Money is now so identified with the business habits of the community, that the prospect of its abolishment perhaps for a long time to come seems impracticable, ana to many ab surd ; yet, within our own jurisdiction, by proper safeguards and restrictions, we may apr-ximate such a result; and may now provide that the full specie equivalent of all circulated bank paper shall be at all times within the reach of every citizen. By a monthly, or at least quarterly inspee- tion of the Banks, by sworn and responsi ble officers, it can be known that specif means, are actually held, fairly proportion ate to paper issues. The circulation of bank notes of a smaller denomination at first than five dollars; and afterwards of ten dollars, should be prohibited, and it may be provided that Commissioners shall assume the direction of the affairs of sus pended banks, on the first day of their suspension. It seems also worthy of con sideration whether the excessive importa tion of foreign bonk bills should not be restricted by requiring the additional en dorsement of aush Banking Houses- chartered or private, as may issue them. The institution of Bankrupt and Relief laws has been urged by many for the ?urpose of augmenting our Federal Vealth the first for the accommodation of insolvent debtors, reducing to embar rassment by unlooked for disasters the last for the security of encumbered capi talists against foreign liabilities. Under no such laws can a just discrimination bt made between the unfortunate delinquent and the successful and unprincipled swin dler. Their necessary effect is lo ignore the faith of contracts and demoralize so ciety without conferring ultimate benefit. Considerations ' of policy as well as of morals, dictate that our real welfare can only be consulted by occupying and retain ing a safe, elevated, and honorable posi tion, the experience of communities, as well as of individuals having abundantly taught that true happiness and greatness have no friends as sure as Integrity and Honor. Our code of practice is universally re garded by the bar as meagre and defec tive. The statutes are limited, confused and contradictory : in consequence both the bar and the public are unable lodetei mine the correct mode of proceedure in cases of frequent occurrence ; and the judges being left without a definite statu tory guide in their decisions, have teo great a latitude of discretion as little de sirable to them, as annoying to parties. To accomplish the desired amendments, one or more practical and experienced lawyers should be appointed, and such rea sonable compensation allowed as will in duce them to devote to the work the nec essary time and study. It is impossible for a committee of the legislatuae, amid the pressing diuis crowding upon them in a brief session to contribute the required ability and attention. There are needed steady and faithful comparison of on part of the code with another, and careful examination of analogous statutes of oth er states and of the decisions of the courts. ' - In August, 1856, Congress passed an act for the purpose mainly of reducing the expenses of the Territorial Courts, thrown upon the federal treasury. Un der this law the judges are required t fix the times and places of holding the courts, but are restricted to three points in the Territory, or one in each district. Hence, parties, jurors and witnesses are compelled to attend from remote parts of the district or the judges must assume the responsibility of delaying proceedings. An effort should be made to amend the act by a provision allowing ea h county to assume and def.ay the additional expense necesiary for the public convenience. The necessity of passing an act permit ting the payment by the counties of the extra expenses in cae the law of Con gress should be ameuded is obvious and imperative. The increase and changes of our popu lation seem to demand a new arragement of Judicial Districts. The recent and rapid settlements northward of Dahkotah. extending to Niobrarah, have imposed an. undue proportioa of labor on the judge of the Third District. A modification of the present division is therefore suggested by attaching one or mora counties north, to the Capitol District and uniting the counties south of the Platte in the allot ment to the second District. In the action of nearly all Legislative asembliea and communications from ex ecutives, the highest importance has been attached to the faithful administration of an effici nt common school system. In a country founded on the absolute equals ty of the people it i vitally necessary thsU the character of the di4rict sc'iool shiuld favorably compare with the grade of select Academies thus placing the means of thorough education within the reach of all. Our Territorial assembly has provided an, adequate law, the provisions of which, have been almost entirely unheeded,- Many County Superintendents hare failed to qualify as prescribed in Sec. 19 and 20,. Chap. 18, 2d Statutes; and the County Clerks have provided no substitutes; nor has the forfeit been collected by the pros ecuting attorney as provided in Sec. 23. Others have neglected ta report to the Superintendent of Public Instructions oa the first of November, as ordered in Sec 32, thus the law has been rendered virtu ally a dead letter. In many, if not all the counties, no districts have been formed, no. taxes levied no teachers employed, and) no steps taken m respect to school land., The act of Congress of 1857, providing for the zclectkio of other sections in li