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Journal - Florida Senate
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Permanent Link: http://ufdc.ufl.edu/AA00004277/00001
 Material Information
Title: Journal - Florida Senate
Physical Description: Serial
Language: English
Creator: Florida -- Legislature. -- Senate
Publisher: s.n.
Place of Publication: Tallahassee
Creation Date: 1845
 Subjects
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
serial   ( sobekcm )
 Notes
Summary: Includes adjourned, extra and extraordinary sessions.
Summary: Most vols., 1845-1909, have appendices consisting of reports of various State officers.
Dates or Sequential Designation: 1-7 sess, 1839-45. 1-14 sess, 1845-66. 1-13 sess, 1868-85. 1st sess, 1887-
Numbering Peculiarities: Journal for 1868 called also 15th sess.
Issuing Body: Journals for 1845-66 issued by the Senate under the Legislature's earlier name: General Assembly.
General Note: At head of title, 1845-99: Senate journal.
 Record Information
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 01420963
ocm01420963
sobekcm - AA00004277_00001
Classification: lcc - KFF18 .S4
System ID: AA00004277:00001
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Succeeded by: Journal of proceedings.

Table of Contents
    Front Cover
        Page 1
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    Main
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    Documents accompanying the governor's message
        Page A-1
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Full Text







A


JJ-O)URNiAL Of Tc rPROCEE!:

OF TH11


OF ITH


FIRST GENERAL ASSEMBLY

O c' T E


STATE OF FLORIDA,

AT AN

ADJOURINEI) SESSION,


Begun and held in the city of Tallahassee, on Monday, Nov. 17, 1845,


AT THE CAPITOL.





TALLAHASSEE:
OFFICE OF THE FLORIDA SENTINEL.
PRINTED BY. JOSEPR OLIAS1Y.

I 8 4 5.





3Z S.~
F~

J&46





















A JOURNAL

OF THE PROCEEDINGS OF THE SENATE OF THE FIRST GEN-
RAL ASSEMBLY OF THE STATE OF FLORIDA, AT AN AD-
JOURNED SESSION, COMMENCED ON THE SEVENTEENTH
DAY OF NOVEMBER, EIGHTEEN HUNDRED AND FORTY-
FIVE.


MONDAY, NOVEMBER 17, 1845.
The Senate met pursuant to adjournment on the 26th day of
July last.
The President, the Hon. James A. Berthelot, took the Chair, and
called the Senate to order.
The roll was called, and the President and Mr. White answered
to their names.
There being no quorum, the Senate, on motion of Mr. White,
adjourned until to-morrow morning. 10 o'clock.




TUESDAY, November 18, 1845.
The Senate met pursuant to adjournment, and the roll being call-
ed, the following members answered to their names, viz :
Mr. President, Messrs. Bellamy, Bell, Broward, Carter, Haugh-
ton, Porter, Priest, and White-9.


10 5174'









On motion ofMr. Priest, William A. Forward, Esq., Senator elect
from the fifteenth District to fill the vacancy occasioned by the re-
signation of George E. Center, presented a certificate of election
from the Secretary of State, and was sworn by the Hon. W. W. J.
Kelly, Justice of the Peace for Escambia County.
On motion of Mr. White, a similar certificate was presented by
Robert A. Mitchell, Esq. Senator elect from the First District, to
fill the vacancy occasioned by the resignation of Benj. D. Wright,
and was sworn by the same officer.
On motion of Mr. Haughton, a similar certificate was presented
by Jas. H. T. Lorimer, Senator elect from the Seventh District, to
fill the vacancy occasioned by the resignation of David S. Walker,
and was sworn by the same officer.
The President then addressed the Senate, after which prayer
was offered up by the Rev. Mr. Mallette.
The proceedings of yesterday were read and approved.
On motion of Mr. Haughton, a committee of three was appointed
to inform the House of Representatives that the Senate is organi-
zed and ready to proceed to business. Also, a committee of three
to wait with a similar committee from the House, on His Excellen-
cy the Governor, and inform him that the two Houses of the Gen-
eral Assembly are organized, and ready to receive any communica-
tion his Excellency might please to make.
Messrs. Haughton, Lorimer, and Mitchell were appointed said
committee to wait on the House, who retired, and after a short time
reported that they had performed that duty.
Messrs. Forward, White, and Bellamy, were appointed said joint
committee to wait on his Excellency the Governor.
A committee from the House consisting of Messrs. Barkley,
Baldwin and Branch, informed the Senate that the House was or-
ganized and ready to proceed to business, and that they were a
committee to wait with a similar committee from the Senate, on his
Excellency the Governor, and inform him of that fact.
Mr. Forward, from the joint committee to wait on the Governor,
reported that the committee had performed that duty, and that his
Excellency would in a short time forward his Message.










The following message and accompanying documents were re-
ceived from his Excellency the Governor, by the hands of his pri-
vate Secretary, Mr. Myers. Which was read.





GOVERNOR'S MESSAGE.

Gentlemen of the Senate
and House of Representatives :

It is to me a source of heartfelt satisfaction that I am permitted, a
second time, to meet the Representatives of the People, under cir-
cumstances which warrant the conviction, that with the aid and di-
rection of the Author of all Good, and with increased capabilities on
their part, they are prepared to renew their exertions for the common
good, and to consummate the important trusts involved in their offi-
cial stations.
It is also with peculiar satisfaction that I feel myself at liberty, and
even called upon, to congratulate you and my country, in terms of de-
vout thankfulness, for the abundant blessings of a beneficent Provi-
dence, manifested in all that we see, which either contributes to our
happiness or prosperity, individually, or which has a tendency to im-
prove our internal condition, as a member of the Confederacy, or to
add to the stability and permanency of our Republican institutions.
Instead of the ravages of disease, which on a former occasion was
painfully announced as having visited us with dreadful fatality, it is
now our good fortune to see depicted in every countenance unerring
evidence of its entire absence, "in the glow of health and smile of
content." In our abundant harvests, the rich reward of patient toil,
enterprise and industry, we have especial cause for the expression of
our warmest gratitude-the more particularly when, at the same
time, our sympathies are awakened and enlisted for the serious and
alarming destitution, in that respect, of other portions of our common
country, usually not less prolific than our own in the annual bounties
of the earth. Nor should we be less grateful for the unequivocal ev-
idences of our moral improvement and reformation, now so obvious as
to attract the attention of the most careless observer of passing events.
In the discharge of that portion of the duty imposed upon me by
the Constitution, which makes it obligatory upon the Executive to
give to the General Assembly information of the state of the Govern-
ment, and to recommend to its consideration such measures as he may
deem expedient, it might possibly be construed into a literal dis.
charge of that duty, (under present circumstances,) merely to reca.










pitulate that which I felt it my duty to communicate on a former oc-
casion. There are, however, considerations which impose upon me
the necessity, not only of presenting a second time for your delibera-
tions, such subjects as were then submitted, and which did not re-
ceive your final action, but to make such additional recommendations
as the progress of subsequent events, in connection with the admin-
istration of the Government, would seem to demand.
It will not have escaped your recollection, that during your late
session, a law was enacted organizing the Circuit Courts of the State,
and the subsequent election, of such officers as were deemed neces-
sary to carry into successful operation this department of the govern-
ment. Situated as we then were, upon the threshold of our politi-
cal existence as a State, with but few of the advantages of experience
in legislation, and not fully aware of the necessities of the govern-
ment; encountering all the difficulties and embarrassments which
such a state of things is calculated to produce-it will certainly be no
reflection upon the wisdom or intelligence of the Legislature, should
experience have shown the impracticability of, at least, a portion of
your measures. In relation to the law in question, it will be recol-
lected that a provision was incorporated, which is familiarly known
as the alternating system, in regard to the holding of the Courts by
the Judiciary, under such restrictions as are therein irnposed.-
Subsequent and more mature reflection has led me to doubt,
whether or not this provision can be carried into successful opera-
tion, so far at least as to render the system permanently useful. The
great extent of our territory, together with the uncertainty and diffi-
culty of access to the Southern Circuit, would seem to suggest the
propriety, and even the necessity of exempting this division of the
State from the operation of that clause of the act. Should this or
any additional modification be deemed advisable, it is submitted to
you, with the conviction on my part, that such defects (if any) as your
deliberations may suggest, will be promptly removed.
In addition to the remarks submitted to you in regard to this de-
partment of the government, your attention is invited to the 8th sec-
Stion of the 5th article of the Constitution, which provides That the
General Assembly shall have power to establish and organise a sep-
arate Court or Courts of original equity jurisdiction; but until such
Court or Courts shall be established and organised, the Circuit Courts
shall exercise such jurisdiction." A thorough conviction of the ne-
cessity of such a separate jurisdiction to perfecting the Judicial de-
partment of the government, doubtless produced the provision in the
Constitution which invested the General Assembly with such discre-
tionary power.
Whether the necessity now exists, for the exercise of such power,
is a matter for you to determine. It certainly cannot have escaped
the observation of all, who have been in any way connected with
the administration of justice within the State, of the impolicy of that
part in the present system, which makes it the duty of the Judge of
the circuit court of common law, to officiate also at the same time as










Chancellor. The result has heretofore been, (and that, too, from neces-
sity,) that suits in chancery have been subjected to protracted delay.
In truth, under our present system, parties litigant may be said to'be
without proper means of redress, in equity cases. Under such cir-
cumstances, it is a matter which recommends itself to the intelligence
and sound discretion of the representatives of the people, whether
having the power to remove this grievance, (if it be one) such power
shall be exercised.
In making this recommendation to the General Assembly, it can
hardly be supposed, that I am unadvised, as to our limited means for
the support of the government; and, that a proper regard for the in-
terests of the State, and the prosperity of the people, demands a rigid
economy; and the recommendation of such measures only, as our
urgent necessities may require; yet, with such admonitions, and with
that deep concern for the welfare and prosperity of the State, which
individual interest and my obligations to support the Constitution
ought to inspire-believing, (as I most certainly do,) that the
establishment of such a jurisdiction, apart from the common law
courts, is indispensable to the administration of justice, a sense of
duty to my fellow-citizens, and to myself, prompts me to submit the
subject to your attentive consideration. Nor can I permit myself to
suppose, that the comparatively inconsiderable amount which may
be found necessary for its proper and efficient organization, will have
any great influence to prevent the adoption of a separate equity sys.
tem, if it is deemed necessary in the proper administration ofjustice.
Practical, well directed economy, is indispensably necessary to the
healthful action ofall governments, based upon the sovereignty of the
people and equality of rights ; yet, economy in such a government
is no longer a virtue, when it comes in conflict with our dearest
rights-the right to the'administration of justice, "without sale, de-
nial, or delay." As a means of defraying the expense of such addi-
tional court, I would suggest that each complainant in chancery, on
filing his bill, pay a fee, of not less that five dollars to the State, to be
applied to the payment of the Chancellor's salary; which, it is be-
lieved, will pay the expense of the court.
A revision of the criminal laws of the State, will doubtless, also, claim
a share of your legislative labors, and receive such modifications or
additional sanctions, as you may deem necessary for the security of
all, in the full enjoyment of their rights. It is to be regretted, that
either from defects in our penal laws, or from a remissness in their
administration, perpetrators of crime, have on some few extraordinary
occasions, by summary measures, not sanctioned by the laws, suffer-
ed the penalties which retributive justice, legally administered, may
have awarded. Such usurpations, not only of legislative, but judicial
powers, and that too, by those whose passions and feelings (for
wrongs received) may be supposed to have prompted them to the
usurpation of those high prerogatives, however they may be pal-
liated by the enormity of the offence, are nevertheless direct viola-









8

lions of the cardinal principles of the social compact, eminently con-
ducive to social disorder and anarchy, and destructive of those rights
which happily for us, no department of the government has the pow.
er to suspend, the right to trial byjury,-and the right to refuse to
answer any criminal charge, but by "presentment, indictment, or
impeachment." Whether such irregularities are properly chargea-
ble, either to the legislative or judicial departments of the govern-
ment, or to the resentment of an insulted and injured community, the
existence of the facts, as fearful precedents, for a future redress of
wrongs, should stimulate all in authority to a vigilant and impartial
discharge of their respective functions. It may be laid down as an
undeniable proposition, that judicious laws, faithfully and impartially
administered, without favor or affection, hatred or malice, will ever
supersede the necessity of a resort to such summary measures as
have neither the sanction of the law, nor the approval of unpreju-
diced, dispassionate reflection.
The act which provides for the election of Justices of the Peace,
it is suggested, will require some additional provisions, to obviate an
omission, which it is presumed escaped your attention, in regard to
the filling such vacancies as may have happened, from a failure on
the part of the people to make an election, in conformity to the pro-
visions of the act.
Agreeably to the provisions of the Constitution, and in obedience
to the act, which provides for taking the census of the population of
the State, within the current year, preparatory measures for perfect-
ing this desirable object, were promptly adopted immediately after
your late adjournment, by agents elected for that purpose, and such
aid afforded them by the proper departments, as will, it is hoped, in-
sure the success of an act of justice to a large portion of our fellow-
citizens, whose rights, under the existing apportionment, are so
seriously affected, and for the redress of which, by prompt legis-
lation, your attention is respectfully invited. The report of the
Secretary of State, herewith transmitted, contains a compen-
dium of the the returns which have been received, with a compara-
tive statement of the census of 1840; to which document you are re-
spectfully referred.
The present improved condition of the Public Library when com-
pared with its late ruinous and unsightly state, is such as to furnish con-
clisive evidence of the faithful execution of that law in that respect;
and of the prompt and efficient services of the Agent of Government
selected by you for that purpose.
It is impossible for me to form an accurate estimate of the practi-
cal effect of your legislation at the late session, upon the taxation and
revenues of the State ; as the returns from its more remote sections
have not as yet been made ; but from the data now in my possession,
the probable nett amount of the revenue, may be estimated at thirty
five thousand dollars; an amount it is believed inadequate to the
wants of the government for the current year, however economical-










ly administered. Should this estimate eventually prove correct, it
is believed, your high regard for the credit of the State, will readily
prompt you, either to assess a larger amount upon such property as has
heretofore been taxed, or to select such additional subjects of taxation,
as when equitably assessed, will meetthe deficiency, whatever it may
be. To this end, therefore, I would respectfully recommend the pro-
priety of a Capitation Tax, and if necessary, an increase of the
land tax; which it is believed may be enlarged, without violating
the letter or spirit of the Constitution, which requires equal and
uniform taxation. I would also suggest the propriety of laying a tax
on all suits at common law, to be collected and accounted for in the
bill of costs, or in such other way as to you may seem most expedient.
As doubts I learn, are entertained as to the true intent and mean-
ing of the section, in the act passed at your late session, to raise a
revenue for the State," which imposes a tax of twenty cents, on
every hundred dollars value of bank stock ; this subject is again sub-
mitted to you, for such legislation, whether explanatory or otherwise,
as you may deem necessary.
The subject of taxation is one, on which the public mind is ever
justly sensitive, and one which the people ever scrutinize with that
care and circumspection, which the importance of the subject justly
demands. It is the price which they contribute for the protection of
their rights. Common justice would seem therefore to demand, that
when the government throws the shield of its protection over all, all
should contribute in proportion to the protection which they receive.-
But above all, have they a right to require not only of their imme-
diate representatives, but of all their other public functionaries, the
proper and legitimate application of the fund thus taken from their
earnings; and that the amount imposed, should under no circumstan-
ces exceed the necessary expenses of the government, administered
with rigid, but well directed practical economy. The propriety,
and even necessity of economizing the expenditures of governments,
are generally conceded ; yet unfortunately, it rarely happens that a
proposition, the truth of which no one questions, and which all admit
to be necessary and proper for the sound administration of republic.
can governments, should seldom be demonstrated by practical experi.
ment. It is with governments as with individuals-by ceasing to
incur new debts, and applying its surplus income to the discharge of
those already contracted, and by a rigid economy in its money transac-
tions, any financial revulsion, or pecuniary embarrassment (which
in most instances may be justly attributed to a recklessness of debt,
and a prodigality of resources,) will under the influence of practical
economy soon give place, to renewed incentives to industry, enter-
prise and prosperity.
The reports of the Public Treasurer, ftnd Comptroller of public
accounts, will accompany this communication ; to these you are res-
pectfully referred for more definite information, in regard to the fin-
ances of the State.
In connection with the revenues of the State, I would recommend










to your consideration the propriety and expediency of regulating by
law, the use by non residents, of the valuable Fisheries on the coast
of this State. That this important property belongs to this State ex-
clusively ; and that non residents have no right to use it, except on
such reasonable terms as the Legislature of this State may decide,
are questions too clear to be disputed.
Finding upon examination of the archives of the Territory, the
Legislature at the Session immediately preceding our admission into
the Confederacy as a State, upon the report of one of the Standing
Committees of the House of Representatives, adopted resolutions re-
questing the Executive to endeavour to procure information from the
Federal Authorities at Washington, and the Consuls of the United
States in Cuba, and other portions of the West Indies ; and learn-
ing, that the resolutions remained unexecuted, I addressed a com-
munication to the Hon. Mr. Buchanan, Secretary of State of the
United States, enclosing him a copy of the report and resolutions;
and asking his aid as therein indicated. That letter and his reply,
are herewith communicated to you, by which it will be seen, that he
has instructed the United States Consuls, at Havanna, St. Jago de
Cuba, Nassau, Trinidad de Cuba, Kingston Jamaica, Turks Is-
land, and Matanzas, to write to me in relation to this subject, and
give me such information as they could obtain, which will enable the
authorities of this State, to act with a full knowledge of the facts.
When their answers shall be received, they shall be laid before you.
In the meantime, I would suggest the policy of a careful considera-
tion of the laws, relating to these fisheries, and the adoption of such
measures as will secure the benefits thereof, to the State and its.
citizens.
On the 10th of September last, I addressed an official communi-
cation to the President of the United States, enclosing an authenti-
cated copy of the printed Acts and Resolutions of the late Session
of the General Assembly, and requested his attention to the Act,
"declaring the assent of this State to the terms of admission into the
Confederacy and Union. A copy of his reply is herewith laid before
you.
By the second section of an Act of your late Session, it was made my
duty, to take the proper steps, to obtain from the Treasury of the
United States, the money to which this State is entitled, under the pro.
visions of an Act of Congress, approved 23rd July, 1836, "entitled
An Act to regulate the deposits of the public moneys, and to deposit
the same, in some safe place of custody, subject only to the order of
this State, until further directed by the General Assembly." In
discharge of the duty thus assigned me, on the 14th of October
last, I addressed a communication to the Hon. R. J. Walker,
Secretary of the Treasury of the United States. To this letter, no
reply, has as yet been received. Should I receive one during your
present session, it shall be transmitted to you without delay. A copy
of my letter on this subject is herewith enclosed.
On the 27th October, I addressed a letter to the same Department.










respecting tho five per cent due this State, upon the nett amount of
sales of the public lands, according to the provisions of an Act of
Congress. As yet, no reply has been received to that communica-
tion.
In obedience to a resolution of the General Assembly, I addressed
letters to the Executives of the States of Alabama and Georgia, in
relation to the boundaries between those States and Florida. From
the Executive of Georgia a reply was received on the 11th instant,
the receipt of which was acknowledged by an additional communica-
tion, dated the 12th instant. From the Executive of Alabama, no
reply has been received. Copies of the entire correspondence, to-
gether with the report of the Attorney General, made in compliance
with your instructions, on the subject of these boundaries, are here-
with transmitted.
In regard to this question of boundary, I would suggest to the Gen-
eral Assembly the propriety of appointing a commissioner on the part
of this State, to act with a like agent on the part of Georgia or Ala-
bama, invested with such discretionary powers as (if acceded to on
the part of either or both of those States) will enable such commis-
sioners to make an amicable adjustment of this entire question.
In the month of September last, a communication was received
from the Hon. I. H. Bronson, who had been elected one of the Judges
of the State at your session in July last, in which he declines the ac-
ceptance of that office. In virtue of the power vested in me by the
Constitution to fill such vacancies as may happen during the
recess of the General Assembly, a commission was issued on the 27th
of the same month to the Hon. Thomas Douglas, whose acceptance
has been received, and who is now in the discharge of the duties of
Judge of the Eastern Circuit. This appointment will expire with
the close of your present session. The right to fill it, permanently,
in conformity to the Constitution, belongs to the General Assembly.
On the 10th of the current month, a communication was received
from the Hon. William Marvin, Judge elect of the Southern Circuit
of this State, in which he also declines accepting that appointment.
This communication having been received at too late a period to en-
able me to fill the vacancy thereby created, so as to insure the hold-
ing of the Courts of the Eastern Circuit, which had been assigned him
for the present fall term, the reason ceasing which prompted me to
make an appointment in the former case, and the certainty of the
meeting of the General Assembly at an early day, have induced me
to make no appointment in the Southern Circuit. This vacancy will
be filled by you during your present session. Copies of the corres-
pondence above alluded to are herewith communicated.
By a resolution of the late session of the General Assembly, I was
invested with full authority to employ an agent to perform the duties
as prescribed in an act entitled, An act to provide for ascertaining,
securing and increasing 1he fund applicable to purposes of Education
in this State." The duty thus assigned me to contract for the loca-
tion of this valuable donation, (a subject certainly not less impor-










iant than any whatever which will engage your attention during your
present session) was undertaken at an early day, after your adjourn.
ment in August last. Upon an examination of the many acts of Con-
gress in regard to this subject, and of the land office in this place, in
regard to the locations heretofore made, it was deemed necessary,
previously to appointing such agent, to correspond with the proper
department at Washington. That correspondence, together with
the documents, and other matters connected with the subject, I have
the honor herewith to enclose. It will be perceived, by reference
to this correspondence, that much uncertainty existed not only as
to the locations which had heretofore been made, but of the
power of the Legislature to make the appointment of locating
agent, at least as regards the University Lands, without the direc.
tion of the Secretary of the Treasury of the United States, to
whom, it is believed, the right of making such appointment pro-
perly belonged, and who has heretofore exercised such right. Upon
deliberate reflection, and a full and satisfactory examination of
the whole subject-a subject of paramount importance to the State
-and being fully satisfied that no possible injury can result to the
State by declining the task with which I was entrusted by you at
your last session, of selecting an agent to locate those lands, I res-
pectfully submit the whole matter, a second time, for your early and
attentive consideration. At an early day I expect to lay before you
a report from the President of the Board of Trustees of the Semi-
nary Lands, which contains most valuable information in relation to
this subject.
That the soil and climate of Florida will warrant the cultivation,
with certainty of success, of many valuable productions now raised
only between the tropics, experience has verified. I deem the en-
couragement of the cultivation of such products a matter of the high-
est importance to the State.
On the 10th of September, I transmitted copies of the report and
resolutions, adopted by the House of Representatives of the last Ter-
ritorial Legislature, to the Hon. Mr. Bancroft, Secretary of the
Navy, and another to the Hon. Mr. Buchanan, Secretary of State of
the U. States, asking their assistance as suggested in the resolutions.
I inclose copies of my letters, and of their replies.
I would suggest the expediency of asking Congress to enact a law,
making donations of one hundred and sixty acres of land South of the
twenty-six and a half degree of North latitude, to such citizens, as
will engage in the cultivation of such products ; and also, that the
United States' Consuls, and the United States' Naval officers, be re-
quired to adopt measures to procure seeds, plants, &c., for the use of
such persons as may be disposed to engage in this important branch
of industry. The arguments, showing the policy and expediency of
such a measure, are fully adduced in the report alluded to, and in
the correspondence now transmitted; for which, I ask your con-
sideration.
The subject of the Banks, chartered by the Territorial Govern,










ment, with the implied assent of the Federal Government, is a mat-
ter which, in the discharge of my official duty, and in compliance
with the requirements of the Constitution, I felt myself called on to
communicate to the first General Assembly under a State govern-
ment. Being fully aware of the extent of the legislation that was at
that time had upon this delicate and important subject, I cannot dis-
regard the convictions of my judgment, or be insensible of the past,
which assure me, that additional legislation, at your present session, was
at that time contemplated. I feel warramed in arriving at. such con-
clusion, not only from the initiatory character of that legislation, but
from the manifest anxiety which seems to be generally felt, that no
legislation in relation to these institutions, should, after the first
General Asssembly, engage the attention of that department of the
State Government. In inviting your attention to these institutions,
I do not wish to be understood, that I am unmindful of the peculiar
character of the controversy which has heretofore agitated the com-
munity in regard to these institutions; nor that I am uninformed as
to the political tenets of those to whom this matter is now submitted,
and whose action, (if practicable,) it is earnestly desired may be
final; yet, with a full knowledge of these facts, I feel myself called
on in language which I cannot disregard, to invite, a second time,
your earnest attention to their condition. In doing so, I feel a
consciousness of having done all, and nothing more, than a sense
of my official duty imperatively demands, when I refer you to
that clause in the Constitution, which gives to the first General
Assembly, "full power to regulate, restrain, and control, all associa-
tions, claiming to exercise corporate privileges in the State ; so as to
guard, protect, aud secure the interests of the people of the State ;
not violating vested rights, or impairing the obligations of contracts."
The responsibility of prudent, judicious legislation on this subject,
now devolves upon the more immediate representatives of the people.
That you will meet that responsibility, with the candor and disinter-
estedness, not only of men, but of legislators, who have, neither mo-
tives of personal enmity or political prejudice to warp your integrity;
that you are prepared to sacrifice all improper influences, (should
any exist,) in the action which you may have upon this subject; that
the common good, in its adjustment, will be with you a paramount
consideration ; your own fair fame, for purity of purpose and integrity
of conduct, gives the amplest assurance. It must be the desire, as it
certainly is the interest of all, that this perpetual cause of irritation
and source of uncertainty, as to the tenure of our most valuable pro-
perty, should be removed as speedily as possible. Let the impression
be made upon all, that in its adjustment, inflexible justice has been
done; and the result thus happily accomplished, will, it is believed,
forever close this exciting topic of impassioned discussion, angry in-
vective, and bitter recrimination ; nor will it be less happy in its in-
fluence in quieting the apprehensions, and calming the fears of those
whose titles to property are so seriously prejudiced by their connec-
tion with these institutions.










The prompt and energetic action of the Legislature, will, I trust,
be early directed to the organization of the militia of the State.
There is no arm of the public service more important, or which ap.
pears, heretofore, to have received less attention. A well organized,
drilled and equipped militia, is justly the pride of the State. It is
frequently necessary for the suppression of domestic violence, and
indeed it may be said to be the great bulwark of public safety. Too
much care, therefore, cannot be devoted to perfecting its various de-
tails, and infusing into the public mind, a suitable military spirit. I
need not advert to the many reasons that will readily present them-
selves to you, for promptness and energy on this subject. I may,
however, be permitted to remark, that an extensive and defenceless
maratime frontier, of comparatively easy access, in connection with
still stronger incentives to foreign invasion, in case of war, (with which
we are all familiar,) should admonish us, that in the event of such
a calamity, here must be the first battle-field. With the view of an
early organization and equipment of the militia of the State, during
your late recess, I exercised the constitutional power with which I
was invested, by appointing Col. J. S. Broome, Adjutant General,
and Col. Wm. Maxwell, Quartermaster General, of this State. The
report of the Adjutant General, with copies of his correspondence
with the Department at Washington, is herewith transmitted. I re-
gret to add, that sets off to my requisition for our quota of arms, have
been forwarded to the Adjutant General. The correspondence on
this head also, is laid before you.
I cannot too seriously invoke your attention to that portion of our
fellow-citizens who sustained losses in the late war with the Semi-
noles. With that respect which is due to the Government of the
Union, I would remark that it is surely bound by every consideration
of justice and humanity, to make early provision for the losses sus-
tained by this unfortunate portion of our fellow-citizens. The policy
of the Federal Government in heretofore permitting this tribe of In-
dians to remain within our Territorial limits, not only in violation of
the treaty of Payne's Landing, ratified more than ten years ago, but
in the face of subsequent engagements, solemnly renewed, and trea-
cherously violated on their part, under circumstances of aggravated
perfidy und cruelty, is a subject to which my attention has not un-
frequently been directed since your late adjournment. It is to me a
source of unfeigned regret, that the policy of the Government in re-
gard to the emigration of the Indians, prompted as that measure was,
not only by dictates of humanity to this people, but as an act of justice
to the people of the States within whose limits they were settled,
should not have been carried out in regard to the Seminoles. Surely if
there be any tribe, more than all others, whose emigration beyond
the Mississippi would have been eminently instrumental, not only in
accomplishing the humane and benevolent purposes of the Govern-
ment as to them, but of giving security and repose to the inhabitants
of the frontier, it is the tribe of the Seminole-the savage of savages!
alike a stranger to the refinements of civilization, and the precepts of













the Gospel; he knows no restraint upon his passions, but his capaci-
ty for indulging them ; no check upon his actions, but superior phys-
ical force ; no precepts of morality, but an utter aversion to the Chris-
tion virtues of sincerity, benevolence and humanity, and an instinc-
tive propensity to dissimulation, treachery and revenge. With such
a population in a country like Florida, furnishing such an extensive
theatre, as a sure retreat from retributive justice ; with the means of
active defehce ever at hand, stimulated too by flagitious influences
to deeds of violence ; it would be an extraordinary stretch of credu-
lity, that could indulge the hope of permanent peace, under such a
combination of incentives to hostility.
Should you deem this a subject worthy of your immediate attention,
the.recollection of the sad realities of the past, pointing to the future,
(under like circumstances,) with unerring certainty, will, I am sure,
prompt you to approach it with the full conviction of the responsibility
with which it is surrounded, and of the incalculable mischief which
may be the result of hasty or premature legislation. As their remo-
val is a matter within the control of the Federal Government, I take
great pleasure in assuring you, from my entire confidence, not only in
the present administration of that government, but from a thorough
knowledge of the firmness, prudence and patriotism of the Executive,
that such measures, to this end, will be adopted as soon as practica-
ble, which will not only be acquiesced in by them, but afford the am-
plest security to us against future deeds of savage barbarity.
Impressed with the solemn obligations imposed upon me by the
Constitution, and prompted with an ardent zeal to promote the inter-
ests of the State, I shall at all times during my official career, use
all reasonable exertions, in aid of an object so desirable, with the
conviction, that it will be reciprocated by an active, zealous and
hearty co-operation on the part of the people and their representa-
tives; to whom, under the direction of Providence, is entrusted the
future destiny of our beloved country. Blessed as we are, with na-
ture's richest gifts, with the government of our choice, and with ad-
vantages for moral and intellectual improvements, which those who
proceeded us could only anticipate, I ut which it is our good fortune
to enjoy ; if to those be joined the united energies of the great mass
of the people, ardently devoted to the common good, emotions of
gratitude and joy, will animate and gladden the heart of the Patriot
and Philanthropist, when he reflects upon the auspicious consequences.
-the GLORY, HAPPINEss and PROSPERITY of his beloved country.
W. D. MOSELEY.
Tallahassee, Nov. 18th, 1845.








16

On motion of Mr. Forward, ordered that 500 copies of the mes-
sage and accompanying documents, except the correspondence with
Messrs. Bron'son and Marvin, be printed.
Mr. Forward gave notice that he will at an early day, introduce
a bill to be entitled An Act in addition to an Act to organize
Courts of Probate for the State of Florida."
Also, An Act in addition to an act concerning Wills, Letters
Testamentary, Letters of Administration, and the duties of Execu-
tors, Administrators and Guardians.
Mr. Forward moved that a committee consisting of five, be ap-
pointed by the President to examine the Charters, and inquire into
the proceedings of all associations claiming to exercise corporate
privileges in this State, and to report to this House, (at as early a
day as practicable,) such associations as require regulating, re-
straining and controlling, so as to guard, protect, and secure the in-
terests of the people of the State, and to provide by bill or other-
wise, such measures as may be necessary in the thus restraining
and controlling said associations.
Which motion prevailed.
Messrs. Forward, Haughton, Bellamy, Mitchell and Carter, were
appointed said Committee.
On motion of Mr. Haughton, the rule was waived, and he moved
that a Committee of three be appointed, to revise the rules of the
Senate, and to act with a similar Committee on the part of the
House in revising the Joint Rules.
Which motion prevailed, and Messrs. Haughton, Forward and
Bell appointed said Committee.
On motion of Mr. Haughton, Ordered, that the Orders of the Day
be postponed until the Committee on Rules report.
The Senate adjourned until to-morrow morning, 10 o'clock.



WEDNESDAY, November 19, 1845.
The Senate met pursuant to adjournment, and a quorum being
present the proceedings of yesterday were read and approved.
On motion of Mr. Broward, Hon. William A. Kain, Senator elect
from Franklin County to fill the vacancy occasioned by the resig-
nation of Geo. S. Hawkins, presented a certificate from the Secre-
tary of State and was sworn by Hon. Mr. Kelly, Justice of the
Peace for Escarnbia County.
Mr. Haughton gave notice, that at a future day, he will ask leave
to introduce a bill so altering the Constitution of this State as to
make the sessions of the Legislature biennial instead of annual.
Also, a bill so amending the Constitution as to extend the elective
franchise to all free white male inhabitants of this State who shall
have resided therein one year, and within the county or election
district in which he offers to vote, six months previous to the elec-
tion; being, at the time, citizens of the United States.










Mr. Haughton, from the Committee on Rules and Joint Rules,
made the following report:
The committee appointed to revise the rules of the Senate, and
in conjunction with a similar committee, from the House'of Repre-
sentatives, those, also, regulating its official intercourse with that
body, have had the same under consideration and ask leave to re-
port the following amendment, viz-
Strike out the 32d Rule of the Senate, which specifies the num-
ber and character of the Standing Committees, and insert the fol-
lowing :
The following Standing Committees shall be appointed by the
President, to consist of at least three members, who shall have
leave to report by bill or otherwise :-A committee on the Judicia
ry ; a committee on Finance and Banks; a committee on the state
of the Republic ; a committee on Elections; a committee on the
Militia ; a committee on Schools and Colleges ; a committee on En-
rolled Bills ; and a committee on Public Accounts. It shall be the
duty of the last named committee to examine the accounts and
vouchers of the Comptroller, Treasurer and Commissioner of the
Tallahassee Fund, and all other officers having charge of the pub-
lic funds or accounts.
Strike out the word superior," in the 4th line of the 39th Rule,
and insert supreme." Strike out the 15th Joint Rule and insert
the following, viz :-No law embracing more than one object or
subject matter shall be entertained by either House of the General
Assembly.
The committee do not perceive the necessity of any further al-
terations in the joint rules of the two Houses, or in the Rules of
the Senate. Respectfully submitted.'
R. B. HAUGHTON, Chairman.
Which report was concurred in.
Ordered, that twenty-five copies of said amendments be printed.
Mr. Haughton moved that the rules be waived and the orders of
the day be put on their first reading.
Which motion was lost, four-fifths not voting for it.
On motion of Mr. Carter, the following bills, on their third read-
ing were read and postponed until to-morrow, viz:
A bill to be entitled, An Act to give effect to the provisions of the
Constitution of this State respecting corporations and associations
claiming to exercise corporate privileges within the State.
A bill to be entitled, An Act to regulate, restrain and control a
certain association called the Union Bank of Florida, claiming to
exercise corporate privileges in this State, so as to guard, protect
and secure the interests of the people of this State, and for other
purposes.
The bill among the orders of the day to be entitled, An Act to
amend the act giving a lien to mechanics in certain cases, approved
3









18

January 20, 1827, and in addition thereto, came up and was order-
ed for a second reading on to-morrow.
The bill among the orders of the day to be entitled, An Act for
the advancement of education and for the location of the land grant-
ed by Congress for Seminaries of Learning, came up on a second
reading and was laid on the table.
The bill among the orders to be entitled, An Act to provide for
the election of two Majors General and four Brigadiers General of
the militia of this State, came up on its first reading and was laid
on the table.
Mr. Kain offered the following resolution:
Resolved, That in consequence of the non-attendance of Wm. S.
Dinsmore, Messenger of the Senate, the said office be declared
vacant.
Which was read the first time, the rule waived, read a second
and third time and adopted.
Mr. White offered the following resolution :
Resolved, That the offices of Sergeaut-at-Arms and Messenger
be blended into one, and the present incumbent of the former of-
fice discharge the duties of both.
Which was read a first time, the rule waived and read a second
and third time.
On the passage of the resolution, the yeas and nays were called
for by Messrs. White and Haughton, and were :
Yeas-Messrs. Bellamy, Bell, Broward, Carter, Forward, Haugh-
ton, Lorimer, Mitchell, Priest and White-10.
Nays-Mi. President, Messrs. Kain and Porter-3. -
So the resolution was adopted.
Mr. Mitchell offered the following preamble and resolution:
Preamble and Resolution respecting Pensacola Dry Dock.
WHEREAS, the Government of the United States has long delayed
building a proper Navy Yard on the Gulf of Mexico, for the refit-
ting and repairing of vessels of war in case of need : And whereas,
Pensacola having long since, after repeated surveys of the whole
coast, been selected as the proper point for such a purpose : And
whereas, the interests, not of Florida alone, but of the whole com-
merce of the Gulf of Mexico, depend, in case of war, on the facility
with which vessels of war may be repaired and refitted, at least
without making the long and circuitous voyage to a Northern At-
lantic Port, when by having a Dry Dock, and other essential means
at Pensacola Navy Yard, vessels may be kept on the station for
years, and in case of necessity could be built at that point as well
as any other, thereby giving a more easy and certain security to the
Gulf Coast, and to the commerce of the great West and the South.
Therefore,
Be it Resolved by the Senate and House of Representatives of
the State of Florida, in General Assembly convened, That in order
to make the Navy Yard at Pensacola an efficient one for the pur-










"poses set forth in the foregoing preamble, our Representative in
Congress, and our Senators, are hereby instructed to use their ef-
forts to have a Dry Dock built at or near Pensacola Navy Yard,
and that copies of this preamble and resolution, duly certified by
the Secretary of State, be forwarded by him to each of said Sena-
tors, and to said Representative.
Which was read, the rule waived, read a second and third time,
and adopted unanimously.
The following message was received from his Excellency the
Governor and laid on the table until the appointment of the Stand-
ing Committees : EXECUTIVE OFFICE,
Capitol, Tallahassee, Nov. 18, 1845.
Gentlemen of the Senate
and House of Representatives :
I have the honor herewith to communicate a reply to my letter of
the 27th ult., addressed to the Hon. R. J. Walker, Secretary of the
Treasury, in relation to the five per cent. due this State, from the
nett amount of the sales of the Public Lands, agreeably to the pro-
visions of an act of Congress.
I have the honor to be,
Very respectfully, your obedient servant,
WM. D. MOSELEY, Governor of Florida.

GENERAL LAND OFFICE, November 7th, 1845.
His Excellency W. D. MOSELEY, Governor of Florida:
Sir-Your communication of the 27th ult., addressed to the Sec-
retary of the Treasury, having been referred to this Office for a re-
ply, I have the honor to state that, the nett amount received for Pub-
lic Lands sold in the State of Florida, from 3d March to 30th June,
1845, inclusive, is $7,830 60
And deducting the expenses of such sales, 1,718 91

Leaves the amount on which the State is entitled to 5 per
cent., $6,111 69
Five per cent. on which sum amounts to 305 58
It is the usage of the Treasury Department to make semi-annual
Reports on the five per cent. funds accruing to the several States
entitled to claim them ; consequently the first report in favor of the
State of Florida, will be in accordance with the above statement.
The next report will be made for the last half of the current year,
embracing the period from July 1st, to December 31st, 1845, in-
clusive. The nett amount received for Public Lands sold in Flori-
da, during the quarter ending September 1845, is $4,561 00
And deducting the expenses of such sales, 724 20

Leaves the amount on which the State was entitled to 5
per cent., 3,836 80
Five per cent. on which sum amount to 191 84










. Assuming as a reasonable estimate, that the sales of the Public
Lands, during the fourth quarter of the current year, will be equal
to those of the third, as first stated, the amount which will become-
due to the State of Florida, on account of said five per cent. fund,
may be put down at about $383, for the half year ending on 31st
December, 1845. I have the honor to be,
With great respect, your ob't servant,
JAS. SHIELDS, Commissioner.
A message was received from the House informing the Senate
of the appointment of a Joint CQmmitee on the part of the House
to revise the Joint Rules, and of the concurrence by the House in
-the report of said committee.
The Senate adjourned until to-morrow, 10 o'clock, A. M.

THURSDAY, November 20, 1845.
The Senate met pursuant to adjournment, and a quorum being pre-
sent the proceedings of yesterday were read and approved.
Agreeably to previous notice, Mr. Forward introduced a bill to
be entitled, An Act in addition to an act concerning Wills, Letters
Testamentary, Letters of Administration, and the duties of Execu-
tors, Administrators and Guardians.
Which was read the first time and ordered for a second reading.
On motion of the President,
Ordered, that the Secretary of the Senate do carefully file away
in the Senate Chamber, and take especial care of all Bills, Resolu-
tions or other papers which may have been introduced in the Sen-
ate, or which may have passed the House of Representatives, but
which have not passed or received the sanction of the Senate, for
future reference, if need be.
The President announced the following Standing Committees:
STANDING COMMITTEES OF THE SENATE.
Appointed by the President under the Rules of the Senate.
State of the Republic. Elections.
Messrs. Broward, Messrs. Priest,
Lorimer, Porter,
Kain, Bell.

Judiciary. Schools and Colleges.
Messrs. Forward, Messrs. Haughton,
Haughton, White,
Carter, Bellamy,
-Goodbread.
Militia.
Messrs. Bell, Public Accounts.
Porter, Messrs. Carter,
Priest, Kain,
Goodbread, Broward.
Carter.










Finance and Banks. Enrolled Bills.
Messrs. Bellamy, Messrs. White,
Mitchell, Lorimer,
Forward. Mitchell.


Mr. Lorimer gave notice that he will, on some future lay, ask
leave to introduce a bill for the more efficient organization of the
Patrol of this State.
Which was adopted and certified to the House.
Mr. Broward moved that the General Assembly proceed to the
confirmation of the nomination of the Hon. Thomas Douglas, as
Judge of the Circuit Court for the Eastern District of the State of
Florida, on Saturday next, and that the concurrence of the House
of Representatives be requested on that subject.
The communication of His Excellency the Governor, and the
accompanying letter of the Secretary of the Treasury, in reference
to the amount of proceeds of sales of Public Lands due to Florida,
Was referred to the Committee on Finance and Banks.

ORDERS OF THE DAY.
The bill to be entitled, An Act to give effect to the provisions of
the Constitution of this State respecting Corporations, &c. ; and
The bill to be entitled, An Act to regulate, restrain and control
the Union Bank, &c., came up on a third reading ;
Mr. Mitchell moved to waive the rule, so as to refer said bills to
the Select Committee appointed to examine the Charters, and in-
quire into the proceedings of Associations claiming to exercise
Corporate privileges, &c.;
Which motion prevailed.
Mr. Haughton then moved to refer the bills to said Committees;
Which motion was lost.
Mr. Forward moved to go into Committee of the Whole on said
bills;
Which motion was lost.
On motion of Mr. Mitchell, said bills were laid on the table until
the Committee on Finance and Banks report.
The bill to be entitled, An Act to amend the act giving a lien to
Mechanics in certain cases, approved January 20, 1827, and in ad-
dition thereto,
Was read a second time, and referred to the Committee on the
Judiciary.
A Resolution was received from the House relative to fitting up
the Supreme Court Room,
Which was laid on the table.
On motion of Mr. Haughton, the following additional Standing
Committees were appointed by the President:










Internal Improvement. Petitions.
Messrs. Lorimer, Messrs. Kain,
White, Mitchell,
Goodbread. Porter.

Census and Apportionment. Agriculture.
Messrs. Carter, Messrs. Goodbread,
Bell, Broward,
Broward, Priest.
On motion of Mr. White, Mr. Haughton obtained leave of ab-
sence until Wednesday next.
The Senate adjourned until to-morrow, 10 o'clock A. M.

FRIDAY, November 21, 1845.
The Senate met pursuant to adjournment, and a quorum being pre-
sent the proceedings of yesterday were read and approved.
Mr. Broward gave notice that he will, at an early day, ask leave
to introduce a bill making it the duty of the Attorney General to
furnish and send forms of election returns to each precinct in the
State of Florida, at every election held for the election of a Gover-
nor or member of Congress, or Senators or Representatives of the
General Assembly.
Also, that he will, at an early day, ask leave to introduce a bill
for the protection of the Fisheries on the coast of Florida.
Mr. Kain gave notice that he will, on some future day, ask leave
to introduce a bill to be entitled, An Act in relation to the adminis-
tering of oaths.
Mr. Carter moved that so much of the Governor's message as re-
fers to apportionment of representation, be referred to the commit-
tee on Census and Apportionment. That so much as refers to the
militia, be referred to the Committee on Militia.
Which motion prevailed.
Mr. Forward moved that the Messenger provide a room in the
Capitol for the use of committee, and that he procure from the Sec-
retary of State copies of the statutes of Florida of each year, and
also copies of the Journals of both Houses, and that he also fur-
nish fires, candles and stationery for said room.
Which motion prevailed.
Mr. Carter offered the following resolution :
Resolved, That the Secretary of State be requested to furnish
the Senate, at as early a day as practicable, a statement of the late
census return, showing the number of white and slave population
in each county of this State.
Which was read the first time, the rule waived, read a second and
third time and adopted.
Mr. Forward from the select committee appointed to examine the
charters of corporations, &c. made the following report:










The committee appointed to examine the charters and enquire
into the proceedings of all associations claiming to exercise corpo-
rate privileges in this State, and report to the Senate such associa-
tions as require regulating, restraining and controlling, so as to
guard, protect and secure the interests of the people thereof, beg
leave to report the following bill :-A bill to be entitled, An Act
to regulate, restrain and control certain associations claiming to ex-
ercise corporate privileges in this State, so as to guard, protect and
secure the interests of the people of this State, and for other pur-
poses.
To which was appended the following dissent:
I dissent to the foregoing report as to the irresponsibility of the
State for the payment of the Territorial Bonds, and to the repeal
of the charter of the Florida, Alabama and Georgia Rail Road Co.
R. A; MITCHELL.
Mr. Haughton absent on leave.
Which report was received, and concurred in.
The bill was read a first time, and 200 copies thereof, and of the
report, ordered to be printed.
A resolution was received from the House respecting the pro-
curement of Arms for the Militia of this State,
Which was read the first time, and ordered for a second reading.
Also, the Senate Preamble and Resolution respecting Pensacola
Dry Dock,
Passed by the House unanimously.

ORDERS OF THE DAY.
The bill to be entitled, An Act concerning Wills, Letters Testa-
mentary, Letters of Administration, and the duties of Executors,
Administrators and Guardians,
Was read the second time, and referred to the Committee on the
Judiciary.
On motion of Mr. Forward, Mr. Kain was added to the Commit-
tee on the Judiciary.
The Senate adjourned until to-morrow, 10 o'clock A. M.

SATURIDAY, November 22, 1845.
The Senate met pursuant to adjournment, and a quorum being
present, the proceedings of yesterday were read and approved.
Mr. Kain gave notice that he will, on some future day, introduce
a bill to change the time of holding the Circuit Courts, so far as
relates to the Western Circuit.
Mr. Kain moved,
That so much of the Governor's Message as relates to a revisions
of the criminal laws, the Circuit Courts, Courts of Chancery, and
the minor Judicatories, be referred to the Committee on the Judiciary.
That so much as relates to Taxation and Revenue, the Fisheries










and the Banks chartered by the Territorial Government, with ate
1-companying documents, be referred to the Committee on Finance
and Banks.
That so much as relates to public accounts, with accompanying
documents, be referred to the Committee on Public Accounts.
That so much as relates to boundaries of the State, and the In-
dians remaining within the boundaries of the State, with accom-
panying documents, be referred to the Committee on the State of
the Republic.
That so much as relates to Agriculture, be referred to the Com-
mittee on Agriculture.
That so much as relates to University and Seminary Lands, with
accompanying documents, be referred to the Committee on Schools
and Colleges.
Which was adopted.
Mr. Forward moved that there be a committee of three appointed
to examine into the accounts of the Printer for this House, with
power to send for persons and papers.
Which was adopted, and Messrs. Carter, Mitchell and Kain ap-
pointed said committee.
On motion of Mr. Porter, Mr. Mitchell was added to the Com-
mittee on Census and Apportionment.
On motion of Mr. Kain, the vote by which the message of his
Excellency the Governor and the accompanying document rela-
tive to the amount of proceeds of sale of public lands due to Flo-
rida, was referred to the Committee on Finance and Banks, was
reconsidered, and the same was referred to the Committee on Inter-
nal Improvement.
On motion of Mr. White, the bill on the table to be entitled, An
Act for the advancement of education, and for the location of the
land granted by Congress for Seminaries of Learning, was taken
up and referred to the Committee on Schools and Colleges.
On motion of Mr. Forward, the resolution from the House rela-
tive to fitting up the Supreme Court Room, was taken up and
placed among the Orders of the Day.
Mr. Forward presented a petition from W. Bartlett, relative to
the printing of the Senate.
Which was referred to the Committee on Printing.
The following message was received from his Excellency the
Governor, and referred with the documents therein mentioned, to
the Committee on Schools and Colleges.
EXECUTIVE OFFICE, :
Capitol, Tallahassee, Nov. 22d, 1845.
Gentlemen of the Senate
and House of Representatives :
I herewith transmit a report of the Board of Trustees of the Sem-
inary Lands, and accompanying correspondence. It will be found
to contain much valuable information, and will, I feel confident,
engage the immediate attention and consideration of the representa-










tives of the people. Whatever diversity of sentiment may exist
upon other matters, all, (it is believed,) will unite in opinion as to
the necessity of adopting such measures as will secure to the State
the immediate possession, as far as may be practicable, of this valu-
able donation. I would respectfully suggest to the General Assem-
bly the propriety of having the report and entire correspondence
printed, with the view of giving it an extensive circulation through-
out the State. It is a subject in which every citizen of the State
has a deep interest, and which, by a prompt and judicious legisla-
tion, will be of incalculable advantage, not only to us, but to those
who succeed us. Without such timely and precautionary measures
this valuable fund may ultimately prove of but little value.
I have the honor to be,
Very respectfully, your ob't servant,
W. D. MOSELEY.
Also the following:
EXECUTIVE OFFICE,
Capitol, Tallahassee, Nov. 21st, 1845.
Gentlemen of the Senate
and House of Representatives :
I herewith transmit you a statement of the condition of the Union
Bank of Florida, as presented by the President, John G. Gamble,
Esq. I have the honor to be,
Very respectfully, your obedient servant,
W. D. MOSELEY.
Which documents were referred to the Committee on Finance
and Banks.
Also the following: EXECUTIVE OFFICE,
Capitol, Tallahassee, Nov. 22d, 1845.
Senators:-
I hereby nominate to the Senate, John S. Broome as Adjutant
General, and William M. Maxwell, as Pay Master General for this
State. I have the honor to be,
Very respectfully, your obedient servant,
W. D. MOSELEY,
Which nominations were advised and consented to by the Senate.
Agreeably to previous notice, Mr. Broward introduced a bill to
be entitled, An Act for the protection of the Fisheries on the Coast
of Florida,
Which was read the first time, and ordered for a second reading.
Mr. White, from the Committee on Enrolled bills, reported as
correctly enrolled, the Preamble and Resolutions respecting Pensa-
cola Dry Dock.
ORDERS OF THE DAY.
The bill to be entitled, An Act to regulate, restrain and control
certain Associations claiming to exercise Corporate Privileges in
this State, so as to guard, protect and secure the interest of the Peo-
ple of this State, and for other purposes,










Came up on a second reading, and was postponed until Monday
next. ,
The resolution from the House respecting the procurement of
arms for the Militia of this State,
Was read a second time, and on motion of Mr. Mitchell the rule
was waived, and the resolution read a third time, and adopted with-
out amendment,
The Resolution from the House relative to fitting up the Supreme
Court Room,
Was read a second time.
Mr. Forward offered the following as a substitute for said Reso-
lution:
Resolved, That a Committee be appointed to act with a similar
Committee on the part of the Senate, to examine the room assigned
for the holding of the Supreme Court, and to report whether any
repairs are actually and indispensably necessary, and to report the
amount required to complete said repairs.
Which, the rule being waived, was adopted.
The Senate adjourned until Monday, 10 o'clock, A. M.


MONDAY, November 24, 1845.
The Senate met pursuant to adjournment on Saturday last, and a
quorum being present, the proceedings of that day were read and
approved.
Mr. Broward gave notice that he will, at an early day, ask leave
to introduce a bill making it the duty of the Judges of Probates to
grant and record marriage licenses in their respective counties.
Mr. Lorimer gave notice that he will, at some future day, ask
leave to introduce a bill to be entitled, An Act for the better regu-
lation and management of the poor fund, and to prevent accumu-
lated pauperism.
On motion of Mr. Kain, the vote on Saturday by which the com-
munication of His Excellency the Governor and accompanying
documents relative to the five per cent. of sales of public lands due
to Florida was referred to the Committee on Internal Improvements,
was reconsidered and the same referred to the Committee on Schools
and Colleges.
Agreeably to previous notice, Mr. Broward introduced a bill to
be entitled, An Act to amend the election laws of this State.
Which was read the first time and ordered for a second reading.
On motion of Mr. Mitchell, the Arcadia Rail Road Company and
the Escambia Manufacturing Company were included in his dis-
sent to the report of the committee appointed to inquire into the
charters and proceedings of associations claiming to exercise cor-
porate privileges, &c.
The following message and preamble and resolutions therein
mentioned was transmitted to his Exoellency the Governor :










SENATE CHAMBER, November 24, 1845.
His Excellency, the Governor of Florida:
I herewith transmit for the approval of your Excellency a Pre-
amble and Resolution respecting Pensacola Dry Dock, passed by
both Houses of the General Assembly, and signed by the officers
thereof. Your ob't serv't,
THOS. F. KING, Sec'y Senate.

ORDERS OF THE DAY.

The engrossed bill to be entitled, An Act to further define the
,duties of Sheriffs of the State of Florida, made the special order of
the day on the 24th July last,
Came up on a third reading.
On motion of Mr. Lorimer, the bill was made the special order of
the day on Wednesday next.
On motion of Mr. White, the rule was waived, and he offered
the following resolution :
Resolved by the Senate and House of Representatives of the State
of Florida, in General Assembly convened, That so much of an act
entitled, An Act to raise a revenue for the State of Florida, and
defining the duties of Assessors and Collectors thereof," as requires
the Sheriff in the several Counties in this State to settle their ac-
counts with the Comptroller of the Treasury, and to pay into the
Treasury on or before the fourth Monday in ,November, in each and
every year, all monies that they are charged with the collection of,
be suspended, so far as relates to the Revenue of the present year;
and that the said Sheriffs have until the third Monday in January
next, to settle their accounts with the Comptroller and Treasurer of
this State.
Which was read the first time, the rule waived, read a second
and third time, and adopted.
The engrossed bill to be entitled, An Act prescribing the form of
a Digest, or Manual of the Laws of this State, made the special or-
der of the day on the 24th July last,
Came up, and on motion of Mr. Forward, was made the Special
Order of the day for Thursday next,
The bill to be entitled, An Act for the protection of the Fisheries
on the Coast of Florida,
Was read a second time, and laid on the table.
The bill to be entitled, An Act to regulate; restrain and control
all Associations claiming to exercise Corporate privileges in
this State, so as to guard, protect and secure the interests of the
people of this State, and for other purposes,
Was read a second time, and ordered to be engrossed for a third
reading.
The following communication was received from his excellency
the Governor.










EXECUTIVE OFFICE,
Capitol, Tallahassee, Nov. 24, 1845. $
Gentlemen of the Senate
and House of Representatives:
I have approved the Preamble and Resolution respecting Pensa-
cola Dry Dock.
I have the honor to be,
Very respectfully, your ob't serv't,
W. D. MOSELEY.
A communication was received from the Secretary of State in
reply to the resolution of the Senate, requesting him to furnish a
statement of the late census returns, &c., to the effect that said in-
formation as far as obtained, was contained in his report accompa-
nying the Governor's Message,
Which was read.
The Senate adjourned until to-morrow, 10 o'clock, A. M.

TUESDAY, November 25, 1845.
The Senate met pursuant to adjournment and a quorum being
present, the proceedings of yesterday were read and approved.
On motion of Mr. Carter, Mr. Mays was added to the committee
on the Judiciary.
Agreeably to previous notice, Mr. Broward introduced a bill to
be entitled An act to solemnize the rites of matrimony,
Which was read the first time and ordered for a second reading.
Agreeably to previous notice, Mr. Kain introduced a bill to be
entitled An act in relation to administering oaths,
Which was read the first time, and ordered for a. second reading.
A message was received from the House informing the Senate
that the House had accepted the substitute of the Senate to the
House resolution relative to fitting up the Supreme Court Room,
and that Messrs. Barkley, Coleman and Alexander, were appointed
a committee on the part of the House, in pursuance of said substitute.
Messrs. Mays, White and Broward were then appointed a com-
mittee on the part of the Senate, in pursuance of said substitute.
The following resolution was received from the House, adopted
by that body as a substitute for the resolution adopted by the Sen-
ate on yesterday in relation to the supervision of the Revenue Act,
and giving further time to Sheriffs for the payment of taxes, &c.
Resolved by the Senate and House of Representatives of the State
of Florida in General Assembly convened, That so much of an
Act entitled an Act to raise a revenue for the State of Florida, and
defining the duties of the assessors and collectors thereof, approved
by the Governor on the 24th day of July last, as requires the sher-
iffs in the several counties in this State to pay into the treasury so
much of the taxes collected in each county, as shall appear to be
,due the treasury after settlement of their accounts with the Comp-
troller of the treasury on or before the first day of December next,










shall be suspended until the first Monday in February next, and
*that the Sheriffs in each county in this State be allowed until that
day to make said payment.
On the question being put of concurring in said substitute, the
same was decided in the negative, and the original resolution insis-
ted upon by the Senate.
The same was certified to the Honse.
Mr. Carter from the select committee on printing made the fol-
lowing report:
The Committee on Printing, to whom was referred the memorial
of W. Bartlett, and the account of Joseph Clisby, have had the
same under consideration, and ask leave to
REPORT:
That upon comparing the written proposals of Messrs. Clisby
and Bartlett, for the Senate Printing at its late session, and upon
full investigation of the subject matter contained in the memorial
referred to, have ascertained, and are fully convinced, that Mr.
Clisby submitted the lowest proposal, and is therefore entitled to the
contract.
That upon examining the account of Mr. Clisby, (as submitted
to the Comptroller,) for Senate Printing at the late session, find it
to be in .compliance with his contract.
The Committee in conclusion, would recommend the adoption of
the following Resolution, and ask to be discharged from the further
consideration of the subject.
All of which is respectfully submitted.
J. CARTER, Chairman.
Resolved, That the Comptroller be instructed to audit the ac-
count of Joseph Clisby for Senate printing at its late session,
amounting to five hundred and fifty-four dollars and seventy-three
cents.
Which report was received and concurred in, and the resolution
read a first time.
ORDERS OF THE DAY.
The engrossed bill to be entitled, An Act to regulate, restrain and
control all associations claiming to exercise corporate privileges in
this State, so as to guard, protect and secure the interests of the
people of this State, and for other purposes, came up on its passage.
On the passage of the bill, the yeas and nays were:
Yeas-Mr. President, Messrs. Bellamy, Broward, Carter, For-
ward, Kain and Priest-7.
Nays-Messrs. Bell, Goodbread, Loriwmr, Mays, Mitchell, Por-
ter and White-7.
So the ilrwas lost.
'i he bill to be entitled, An Act to amend the election laws of
this State, was read a second time and ordered to be engrossed for
a third reading.
The following message and documents were received from his
Excellency the Governor:










EXECUTIVE OFFICE, )
Capitol, Tallahassee, Nov. 25, 1845.
Gentlemen of the Senate
and House of Representatives :
I herewith transmit copies of communications received this day
from the Governor of Georgia, in relation to the question of bounda-
ry between that State and Florida.
In a former communication, I had the honor to submit to you a
copy of the correspondence heretofore had upon this subject, as also
the report of the Attorney General of this State, made in conformity
to your instructions, at your late session.
The subject is one of increasing interest to the State, and will
doubtless engage your early attention.
It will afford me much pleasure to co-operate with the General
Assembly, in perfecting such measures as may be deemed necessa-
ry and proper, to the final and equitable adjustment of this contro-
versy. I have the honor to be,
Very respectfully, your obedient servant,
W. D. MOSELEY.

EXECUTIVE DEPARTMENT,
Milledgeville, Nov. 20th, 1845.
Sir:-Complying with a promise heretofore made, I now have
the honor of transmitting a copy of a communication laid before
the Legislature of this State, in relation to the boundary between
Florida and Georgia.
I trust your Excellency will find in it a spirit earnestly intent
upon an adjustment of this controversy, and which will, I believe,
be reciprocated by the authorities of Florida.
You will be early notified of the result of our Legislative action
on this subject, and in the meantime,
I am, very respectfully, your ob't servant,
(Signed) GEO. W. CRAWFORD.

(cory.)
EXECUTIVE DEPARTMENT, )
Milledgeville, November 18th, 1845.
I have the honor of transmitting herewith, a copy of a resolution
passed by the General Assembly of Florida, in relation to the boun-
dary between that State and Georgia.
The.resolution has juyt been received at this Department, and in
view of the pressing necessity of settling a question op( territorial
limits, I avail myself of the earliest opportunity of laying it before
the General Assembly. Accompanying the resolution is a letter
from the Governor of Florida, in which his Excellency has had the
kindness to say what will be substantially his recommendation to
the Legislature of that State, which assembles this day. He says
that he will recommend the appointment of a commissioner on the










part of Florida, with full authority to meet, consult and settle, with
such as may be raised on the part of Georgia, the question in con-
troversy, and in case of disagreement, to leave the matter to the
umpirage of some person to be selected from another State. His
Excellency further advises that he shall give notice to the authori-
ties of the Federal Government, as they are interested in the soil in
dispute, and request the appointment of a commissioner to meet
those of Florida and Georgia, and in conclusion expresses the hope
that this State will concur in the proposition.
As the proposition indicated by the Executive of Florida, is pre-
sented in accordance with the past and importunate wishes of Geor-
gia, as evinced by her frequent legislative action since the year
1819, when she acquired the occupancy of the territory bordering
on the unsettled boundary, it is presumed that it will be promptly
accepted. In respect to the plenary authority asked to be conferred
on the commission or commissioners on the part of Georgia, I re-
spectfully invite your attention to the constitution of this State,
which declares the boundary thereof, and the mode by which that
instrument may be altered. It is apparent that whatever shall be
done, can only be done provisionally, subject to the ratification of'
two successive Legislatures, unless indeed the boundary which may
be established be in conformity with the provision of that instru-
ment. So much is due to Florida, that she may be seasonably ad-
vised of the constitutional difficulty which will be encountered in
case a conventional line should be agreed or decided on, other than
that designated in the treaty between the United States and Spain
in the year 1795, and with which the constitution of Georgia is
concurrent. A divided jurisdiction and sovereignty are wholly in-
consistent with that peace and harmony which should exist between
States united by all the ties which make intercourse profitable and
pleasant.
I have intentionally refrained from the discussion of this subject,
under the belief that as Florida intends to submit it as an open
question, Georgia should meet it under like circumstances. In the
absence of any legislative instructions, I shall regard it as a duty
to express fully my views to the commissioners who may be ap-
pointed on the part of Georgia. In the meantime I beg leave re-
spectfully to refer the General Assembly to the Treaty of 1795, al-
ready mentioned-the acts of the commissioners of the United
States and Spain in 1800-and the failure and the causes thereof
in the performance of the duties assigned them-the report of the
various surveys made by the authority of Georgia since the year
1819, and several messages made by my predecessors, and other
documents which are fully referred to in them. These will furnish
the necessary information for a full understanding of the matter in
dispute, and to which it is supposed the Legislature will refer in
the event that our commissioners are to receive any specific instruc-
tions upon the subject. The instructions which shall be given by










ihis Department, will, of course, be communicated to the present or
a future Legislature.
(Signed) GEO. W. CRAWFORD.
Which were read and'referred to the Committee on the state of
the Republic.
A message from the House informed the Senate that the House
had appointed a Committee of Conference, consisting of Messrs.
Kelly, Long and Russell, on the resolution to suspend the reve-
nue law, and give further time to Sheriffs, &c.
Messrs. White, Lorimer and Goodbread were then appointed a.
similar committee on the part of the Senate.
The Senate adjourned until to-morrow, 10 o'clock, A. M.

WEDNESDAY, November 26, 1845.
The Senate met pursuant to adjournment, and a quorum being
present the proceedings of yesterday were read and approved.
On motion of Mr. Broward, the bill relating to Fisheries was ta-
ken from the table and placed among the Orders of the Day.
Mr. Forward gave notice that he will, at an early day, introduce
a bill to be entitled, An Act respecting corporations. Also-A bill
to be entitled, An Act respecting the property of, and debts due to,
corporations that have been dissolved, and of debts owing by them.
Mr. Broward offered the following resolution :
WHEREAS, The General Government have from settled princi-
ples and policy, invariably paid not only all expenses of the Terri-
torial Government, but also the expenses of criminal prosecutions
in all the Territories, from their organization up to the time of their
admission into the Union: And whereas, The General Govern-
ment did in a like manner, on the cession of Florida to the United
States, organize a Territorial Government therein, and assumed all
the expenses of said Territorial Government, and in like manner
paid all expenses of criminal prosecutions, until the Territorial Go-
vernment, without the consent of the General Government, or the
people of Florida, passed a law making all criminal cases offences
against the Territory; and also assumed the power to make the
people by taxation pay the expenses of such prosecutions: This as-
sumption of power was only partially enforced, and the taxes pro-
posed to be levied for that purpose were only partially collected,
leaving an indebtedness to the citizens of Florida, the Marshals
and District Attorneys of the Government, for the prosecution and
guarding of criminals, a sum amounting to nearly twenty thousand
dollars:
Be it therefore resolved by the Senate and House of Representa-
tives of the State of Florida, in General Assembly convened, That
our Senators and Representative in Congress be requested to use
their best endeavors to obtain, by an act of Congress, an appropria-
tion sufficient to pay all indebtedness to the citizens of Florida, the
United States Marshals and District Attorneys for the prosecution










of criminal offences while the State of Florida was under a Terri-
torial form of Government.
Which was read the first time and ordered for a second reading.
The following message was received from his Excellency the
Governor:
EXECUTIVE OFFICE,
Capitol, Tallahassee, November 26, 1845.
Gentlemen of the Senate
and House of Representatives:
I herewith transmit a copy of a communication received from
Joseph Clisby, Esq. in relation to the laws of the year 1843.
I have the honor to be, very respectfully, your ob't serv't,
W. D. MOSELEY.

SENTINEL OFFICE, Tallahassee, Nov. 26, 1845.
To His Excellency, W. D. MOSELEY:
Dear Sir-I learn that there is a scarcity of the Laws of 1843."
I was printer of the Laws that year, and apprehending that this
might occur, I printed about fifty extra copies for the use of myself
and friends, of which I have some few left, and beg to offer them
for the use of the State.
Very respectfully, your ob't serv't,
(Signed) JOSEPH CLISBY.
On motion of Mr. Forward,
Resolved, That the thanks of the Senate be returned to Mr. Clis-
by for said laws.
Mr. Mays from the Joint Select Committee appointed relative to
the Supreme Court Room, made the following report:
The Joint Select Committee, appointed to ascertain whether any
thing was necessary to be done in preparing the Supreme Court
Room for the session of the Court in January next,
REPORT:
That they have examined the room, and find it necessary and
proper that a Judges' stand, 14 feet wide and 6 feet deep, should be
made; also, a Clerk's table, in a circular form, railed in, 6 feet
long; a small desk, with pigeon holes, on the Clerk's table, for
papers; one circular table fronting the bench, 14 feet long, for the
convenience of the bar; six arm chairs, and one dozen common
chairs; two benches, 20 feet each, for spectators, are also necessary,
and should be furnished.
The Committee therefore recommend the adoption of the follow-
ing resolution:-
Resolved, That the Clerk of the Supreme Court be, and he is
hereby authorised, to contract for, and have executed the above
work, at the lowest price for which it can be done.
D. H. MAYS,.
Chairman of the. Committee on the part of the Senate.








34

Which report was received and concurred in, and the Resolution
read a first time.
The following message and documents were received from his
Excellency the Governor:
EXECUTIVE OFFICE,
Capitol, Tallahassee, Nov. 26th, 1845.
Gentlemen of the Senate
and House of Representatives:
You have herewith communicated, the report of the Commis-
sioner of the Tallahassee Fund, to the 17th inst., by which it will
be seen that there is still unsettled claims to a large amount to be
provided for. The means of the Fund are also distinctly set forth.
I would suggest to the General Assembly the propriety of dispos-
ing of those means at an early day, with the view of satisfying the
demands against it, so far as they may be available. This is due
to the creditors, and will, at the same time, be converting the funds,
which are now unproductive, into cash. I would also suggest the
propriety of abolishing the Office of Commissioner, as it is believed
that the duties may now be readily performed, without incurring
the heavy expense heretofore attached to them.
I have the honor to be,
Very respectfully, your obedient servant,
W. D. MOSELEY.

COMMISSIONER'S OFFICE,
Tallahassee, 17th November, 1845.
His Excellency W. D. MOSELEY, Governor of Florida:
Sir :-I have the honor to submit the following as the statement
of the condition of the Fund in my charge:
The disbursement since last report, 9th April 1845,
on account of the Fund, $15,699 44
The receipts on account of same since that time, $15,574 52
Bal. of cash on hand 9th Ap. 1845, 73 50
" now due to Commissioner, 51 42
$15,699 44
A detailed statement of which is given in accompanying account
current, marked A., to which is appended the account rendered 9th
April 1845, being a full account of all the receipts and disburse-
ments since I have been in office.

The Liabilities of the Fund.
At last report outstanding, $19,860 98
Interest accruing on protested acc'd. 120
Incurred since last report for repairs and painting of
south wing of Capitol, and for work ordered and
executed on the building, not embraced in con-
tract in consequence of change of plan, 790 10









For fitting up Senate and Representative Halls,
" Offices and grounds,
" Expenses incidental to management of Fund and


381 69
124- 23


salary of Commissioner, 511 56
$21,788 56
Paid on account of same, 15,648 02
Amount outstanding per books of fund, 9,140,54
Of which a detailed statement is given, marked B.
In addition to which there is a liability of $2,500, an appropria-
tion made in 1842, by act of Legislature, in favor of Benjamin G.
Thornton, to be paid from this Fund.
The means of the fund are
Bills receivable (payable in U. Bk. paper,) stat'mt C. $ 1,222 25
Jg't on note of D.F.Wilson & others in hands of lawyer, 600

$ 1,822 25
Also, one entire quarter section of land, viz : S. W. Sec. 6, T.
1, R. 1, S. & E.. and about an equal quantity of unsold Lots in
the S. J Sec. 1. T. 1, R. 1, S. & W.
The title to the Lots for which the notes amounting to $1,222
25, were given, has never been conveyed, and the lots are security
for the payment of the notes.
The acts of Congress making grants of land to the fund, reser-
ved two quarter sections. Although two entire quarter sections
have not been reserved from sale, there is an amount equal to two
remaining to be disposed of And I would respectfully submit for
your consideration whether an act of the Legislature may not be
advisable to confirm the contracts made for the sale of lots in the
South I of Sec. 1, T. 1, R. 1, S. & W., in order to obviate any
difficulty which might arise from attempting to enforce the payment
of the notes given for the purchase of those lots, and also whether
legislative action will not be necessary to authorize the sale of
the 320 acres still undisposed of.
All which is respectfully submitted.
Very respectfully your obt. servt.
(Signed) C. G. ENGLISH, Com'r.

A.] Tallahassee fund in account current with C. G. ENGLISH, Com'r.


1844. Dec. 12.


1845. Jan. 15.
"1
'' "


DR.
To amount paid J. W. Levinus, on ac-
count of contract, 15th Nov'r, 1844, $1,000
Do. R. A. Shine, do. 1,000
Do. R. A. Shine, do. 1,000
Do. J. W. Levinus, do. 1,000
Do. D. T. Rae, for painting Exec. rooms, 26 50
Do. One year's salary of Commissioner,
from 1st July 1842, to 1st July 1843, 400
Balance in Com'rs hands 9th April 1845, 73 50
$4,500 00









April 10. 1. To amt. paid R. A. Shine on act. contract
15th November, 1844, $2,000
2. Do. J. W. Levinus, do. 2,000
May 1. 3. Do. N. N. Crossman's bill repairing roof
and conductors south wing, -138 6O
30. 4. Do. R. B. Ker's bill for examining lines of
Lots surveyed, 5
June 10. 5. Do. R. A. Shine on act. contract Nov. 15,'44, 705
11. 6. J. W. Levinus 2,000
14. 7. R. A. Shine 1,500
21. 8. bal. of" 345
21. 9. on act. contract 12th Nov.'39, 1,285 22
21. 10. for work ordered and execu-
ted, not embraced in contract, 231 50
21. 11. Protested bill ac'd 28 Dec. 1841, on act.
R. A. Shine, 12 Nov.'39, accept. $520
Interest three years on same, 120 620
21. 12. T. Baltzell, former Commissioner, on
account of balance due him, 281 60
21. 13. on act. contract of A. Scott, 8th Aug.'40, 391 31
24. 14. J. W. Levinus, bal. contract, Nov. 15, 400
24. 15. on act. con. Sept. 1,'43, 1,326 54
24. 16. work ordered and exe-
cuted, not embraced in the contract, 617
24. 17. Hopkins & Meginniss act. for materials
for fitting up Senate and Rep. Halls, 122 75
24. 18. Betton & Meginniss bill for do. 44 61
24. 19. H. R. Seward & Co. do. 36 11
24. 20. J. Kirksey, do. 31 32
24. 21. J. W. Levinus on account of contract 4
March, 1840, 500
24. 22. T. Barnard for labor furnished and ser-
vices rendered in fitting up Senate and
Representative Halls,- 22 50
24. 23. On account of contract J. Robinson, 4th
Sept. 1840, 26
24. 24. Do. A. Scott, 4th August, 1840, - 11 04
24. 25. Do. 500
24. 26. Seward & Co. account for materials fit-
ting up Ex. Office, 9 23
24. 27. Wienker do. for materials fitting do.
and labor, 12 25
24. 28. Clerk S. C'rt costs suit vs. Wilson's adr. 6 56
24. 29. D. T. Rea acc't p'nt'g office of At'y Gen. 13 25
24. 30. J. G. Padrick acc't painting and repair-
ing office Clerk Ct. Appeals, 17
24. 31. Five quarter's salary of Commissioner,
1st July 1843, to 1st October 1844, 500
$15,699 44
Nov. 17. To balance due Commissioner, -$ 51 42









CR.
1844. Dec. By amount of three drafts of the Governor
of Florida, on the Secretary of the Treasury of the
United States, two of $1000 each, and 1 of $500, $2,500
1845. Jan. 15. By two checks of the Governor of Flori-
da on the Territorial Treasury, $1000 each, 2,000
$4,500
NOTE.-The above sums were drawn out of the appropriation of
$20,000, made by Congress in 1844.
1845. April 9. By balance per account rendered 9t
April, 1845, .$ 73 50
By amount of three drafts of Governor of Florid
on Secretary of the Treasury United State,
two for $2000 each, one for $300, 4,300
By draft of Governor of Florida on Secretary ol
the Treasury U. S., this amount being the bal-
ance of of the appropriation of $20,000, 11,200
Jan'y 24. Amount received of H. Wade for sale of
six iron pipes, lbs. 828, at 3 cts., $24 84
Do. W. F. Lloyd, do. 24 84
Do. D. C. Wilson, do. 24 84 74 52
By balance due Commissioner, 51 42


(Signed) C. G. El
COMMISSIONER'S OFFICE,
Tallahassee, November 19, 1845.


ENGLISH, Comi


[B] Statement of Liabilities outstanding,


The following liabilities reported as outstan-
ding April 9th, 1845.
Bal. due T. Baltzell, former Commissioner,
Amt. A. Patterson for hire of hands,
" New Castle Manufacturing Company,
Bal on Cont'ct of Robinson, 14 Sept '40,
Bill of J. W. Levinus ap'vd by former Com'r,
Bal. due on R. A. Shine's cont'ct 12 Nov. '39
Int. on protested draft,
Bal. due J. W. Levinus cont'ct 4 March, '40,
" on A. Scott's contract, 8 Aug. 1840,
" " J. W. Levinus 1 Sept. 1843,
" " R. A. Shine's 15 Nov. 1844,
" " J. W. Levinus 15 Nov. 1844,

The following liabilities have been incurred
since last report.
Repairing and painting south wing and for
work on building not in contract, as detailed
in vouch to ac. current Nos. 3, 10, part of 16
Fitting up Senate and Representative Halls,
as detailed in vouchers nos. 17, 18, 19, 20,
and part of 16 and 22,
Fitting up offices and grounds as in Nos. 26,
27, 29, and 30, parts of 16 and 22,
For incidental expenses vo. nos. 4 and 28,
Arrears of Com'rs salary up to 1 Oct. 1844,


Amount. Pd. sin
last rep
$563 21 $280
330
167 15
52 22 26
260
3,292 1,785


$15,699 44
nissioner.



$6,140 64.

ice Now out-
port standing.
o60 $281 61
330
16715
2 22 2
260
22 1,506 78
I 24
10 1,500
1 4 1,673 46


1$21,7881561$15,6481|0216,140164


^






38

[C] List of Bills Receivable.
J. T. A. De Corce, due first March 1841, - $99 75
J. Hoc, 386
J. Shaw, 105
W. H. Wyatt, "- 168 75
J. B. Brown, 168
William Hilliard, 213 76
J. S. Robinson, "- 81
$1,222 65
(Signed) C. G. ENGLISH, Com'r,
Nov. 17th, 1845.

Which were read and referred to the Committee on the state of
the Republic.
ORDERS OF THE DAY.
The engrossed bill to be entitled, An Act to further define the
duties of the Sheriffs of the State of Florida, made the special or-
der for to-day, came up on its third reading.
Mr. Mitchell offered the following as a substitute for said bill:
A BILL to be entitled, An Act in addition to an act to raise a
SRevenue for the State of Florida, and defining the duties of the
Assessors and Collectors thereof."
Be it enacted by the Senate and House of Representatives of the
State of Florida, in General Assewbly convened, That the Treasur-
er be, and is hereby authorized, to draw warrants on the Tax Col-
lectors, for the payment of accounts which may be credited at the
Treasury, and for the payment of such certificates as may be paya-
ble in the order prescribed by the act to which this is an addition:
Provided, That no Tax Collector shall fail to pay into the Treasury
the taxes collected by him, unless he receive-notice from the State
Treasurer that such warrant or warrants would be drawn: And
provided also, that no warrant shall be drawn for any dues out of
the County on which the warrant may be drawn.
The Chair decided that it was not in order to offer a substitute
for said bill on its third reading, unless the rule was waived.
Mr. Mitchell then asked that the rule be waived. Upon a vote
being taken, the Senate refused to waive the rule.
Mr. Mitchell then offered the same as an engrossed rider.
The Chair decided that it was an engrossed rider, and as such
could be offered.
Mr. Forward appealed from the decision of the Chair.
On the question being put, the Senate refused to sustain the de-
cision of the Chair.
On the passage of the bill the yeas and nays were:
Yeas-Messrs. Bellamy, Broward, Forward and Priest-4.
Nays-Mr. President, Messrs. Bell, Carter, Goodbread, Kain,
Lorimer, Mays, McLean, Mitchell, Porter and White-11.
So the bill was lost.
Engrossed bill to be entitled, An Act to amend the election laws
of this State, came up on its passage.
On the passage of the bill, the yeas and nays were:










Yeas-Mr. President, Messrs. Bellamy, Bell, Broward, Forward,
Lorimer and Priest-7.
Nays-Messrs. Carter, Goodbread, Kain, Mays, McLean, Mitch-
ell, Porter and White-8.
So the bill was lost.
The engrossed bill to be entitled, An Act in relation to adminis-
tering oaths, was read a second time and ordered to be engrossed.
The bill to be entitled, An Act to solemnize the rites of matri-
mony, was read a second time.
On motion of Mr. Carter, the Senate resolved itself into a Com-
mittee of the Whole on said bill, Mr. McLean in the Chair, and af-
ter some spent therein, rose and reported the bill with amendments.
Which were concurred in by the House, and the bill as amended
ordered to be engrossed for a third reading.
The resolution relative to the Printing of the Senate at its late
session,
Was read a second time, and ordered for a third reading.
The bill to be entitled, An Act for the protection of the Fisheries
on the Coast of Florida,
Came up on a second reading, and was referred to the Committee
on the Judiciary.
A bill was received from the House to be entitled, An Act to
give effect to the provisions of the Constitution of this State respect-
ing Corporations and Asociations claiming to exercise corporate
privileges within this State,
Which was read the first time and ordered for a second reading.
On motion of Mr. Mitchell the rule was waived and he gave no-
tice that he will at some future day,,ask leave to introduce a bill
to be entitled An Act in addition to an act to raise a revenue for the
State of Florida, and defining the duties of the assessors and col-
lectors thereof.
The Senate adjourned until to-morrow 10 o'clock A. M.

THURSdAY, November 27, 1845.
The Senate met pursuant to adjournment, and a quorum being
present the proceedings of yesterday were read, amended and ap-
proved.
Agreeably to previous notice, the following bills were introduced
and read a first time.
By Mr. Forward, a bill to be entitled, An Act respecting corpo-
rations.
Also, a bill to be entitled, An Act respecting the property of,
and debts due to, corporations that have been dissolved, and of debts
owing by them.
By Mr. Kain, a bill to be entitled, An Act to amend an act to
organize the Circuit Courts of the State of Florida.
On motion of Mr. Lorimer, Mr. McLean was added to the Com-
mittee on the state of the Republic.










On motion of Mr. Haughton, Mr. McLean was added to the
Committee on Census and Apportionment.
On motion of Mr. Haughton, Mr. Mays was added to the Com-
mittee on Agriculture.
On motion of Mr. White, Mr. Lorimer was added to the Com-
mittee on Schools and Colleges.
Mr. Kain presented a petition from Samuel S. Sibley, praying the
Senate to examine and settle a bill of printing for the Senate at the
late session.
Which was read and referred to a select committee, consisting
of Messrs. Kain, White and Bell.
Mr. Haughton presented a petition of certain citizens of Gadsden
county, praying the formation of a new county.
Which was read and referred to a select committee, consisting of
Messrs. Haughton, Kain and Lorimer.
Mr. Forward offered the following resolution:
A Resolution providing for a Sword to be presented to Col. Harney-
Be it Resolved by the Senate and House of Representatives of the
State of Florida, in General Assembly convened, That as commem-
orative of our approbation and gratitude for the distinguished ser-
vices and unabated zeal of Col. William S. Harney, of the United
States army, while operating in Florida against the Indians, his
Excellency the Governor of the State of Florida be requested to
cause to be prepared a Sword, with a suitable inscription, and to
present the same to Col. Harney, in the name of the People of Flo-
rida; and that the Treasurer of this State pay the expenses of the
same, out of any Funds in the Treasury not otherwise appropriated.
Which was read a first time and ordered for a second reading.
Mr. White from the committee of conference relative to suspend-
ing the revenue laws, &c., made the following report:
The Committee of Conference on the part of the Senate, to act with
a similar Committee on the part of the House, relative to a disa-
greement on a Resolution, suspending so much of an act entitled,
An Act to raise a Revenue for the State of Florida, and defining
the duties of the Assessors and Collectors thereof, have had the
same under consideration, and
REPORT:
The Committee finding that the disagreement between the two
Houses related to the time specified, and language of said Resolu-
tion only, they therefore respectfully suggest the following amend-
ment as a substitute for said Resolution: Strike out all after the
word Resolved, and insert, By the Senate and House of Repre-
sentatives of the State of Florida, in General Assembly convened,
That so much of an act entitled. An Act to raise a Revenue for the
State of Florida, and defining the duties of the Assessors and Col-
lectors thereof, approved by the Governor on the 24th day of July
last, as requires the Sheriffs in the several Counties in this State to










pay into the Treasury so much of the taxes collected in their re"
spective Counties, as shall appear to be due, after settlement with
the Comptroller of the Treasury for the present year, on or before
the first day of December next, shall be suspended until the fourth
Monday in January next, and that the said Sheriffs have until the
last named day to settle their accounts, and pay over all monies
due to the State."
All of which is respectfully submitted.
THOMAS M. WHITE, Chairman.
Which report was concurred in by the Senate.
A message from the House informed the Senate that the House
had concurred in said report of the committee of conference.
The following message and the petition therein mentioned was
transmitted from the House of Representatives:
HOUSE OF REPRESENTATIVES, Nov. 26, 1845.
Hon. President of the Senate:
The House have referred the enclosed petition of the holders of
the Territorial Bonds and Guarantees, to a Committee consisting of
Messrs. Tweed, Barkley, Coleman, Russell and Goff, to act with
a similar Committee on the part of the Senate, and have ordered
said petition to be transmitted to the Senate.
Respectfully your obedient servant,
M. D. PAPY, Clerk Ho. Reps.
Mr. Haughton moved that said petition be received.
On which motion the yeas and nays were called for by Messrs.
Forward and Broward, and were:
Yeas-Mr. President, Messrs. Bell, Haughton, Kain, Lorimer,
Mays, McLean, Mitchell, Porter and White-10.
Nays-Messrs. Bellamy, Broward, Carter, Forward, Goodbread
and Priest-6.
So the petition was received by the Senate.
Mr. Forward then offered the following resolution:
Resolved, That the Senate, disavowing any disrespect to the
House of Representatives, refuse to join in the appointment of a
Joint Select Committee, on the memorial of the bond holders, be-
cause the subject is not a lawful subject of legislation by the Gene-
ral Assembly of the State of Florida.
On the adoption of which the yeas and nays were called for by
Messrs. Forward and Broward, and were:
Yeas-Mr. President, Messrs. Bellamy, Bell, Broward, Carter,
Forward, Goodbread and Priest-8.
Nays-Messrs. Haughton, Kain, Lorimer, Mays, McLean, Mitch-
ell, Porter and White-8.
So the resolution was lost.
Messrs. Kain, Mays, Mitchell, Bell and Porter were then appoint-
ed a Joint Select Committee on the part of the Senate, to act with
the committee of the House on said petition.
The following message and correspondence therein mentioned
6










*was received from his Excellency the Governor and referred to the
committee on the State of the Republic :
EXECUTIVE OFFICE,
Capitol, Tallahassee, Nov. 27th, 1845.
Gentlemen of the Senate
and House of Representatives:
I herewith transmit a communication, received by the mail of
to-day, from the Hon. James Buchanan, Secretary of State of the
United States, in reply to a communication which I had the honor
to address to the President of the United States on the 11th inst.,
relative to the boundary between Georgia and this State. From
the information received, not only from the Federal authorities, but
also from the authorities of Georgia, there is a manifest disposition
to enter upon an amicable adjustment of this question. It is ear-
nestly desired that you will heartily co-operate with them.
I have the honor to be,
Very respectfully, your obedient servant,
W. D. MOSELEY.
The following bills were received from the House, read a first
time and ordered for a second reading:
A bill to be entitled, An Act to alter the first section of the sixth
Article of the Constitution of this State.
A bill to be entitled, An Act to declare the Mayors and Inten-
dants of the several corporate cities and towns in this State ex of-
ficio Justices of the Peace.
ORDERS OF THE DAY.
The engrossed bill to be entitled, An Act prescribing the form of
a Digest or Manual of the Laws of this State, made the special Or-
der of to-day, came up on a third reading.
On'motion of Mr. Haughton, the rule was waived, and the bill
referred to the Committee on the Judiciary.
Engrossed bill to be entitled, An Act in relation to Administer-
ing Oaths, came up on its passage;
On which the yeas and nays were:
Yeas-Mr. President, Messrs. Bellamy, Carter, Forward, Haugh-
ton, Kain, Lorimer, Mays. McLean, Mitchell, Porter, Priest and
White- 13.
Nays-Messrs. Broward and Goodbread-2.
So the bill passed. Title as stated.
Engrossed bill to be entitled, An Act to solemnize the rites of
Matrimony, came up, and was postponed until to-morrow.
The Preamble and Resolution, asking of Congress an appropria-
tion for the prosecution of Criminal Offences, was read a second
time, and ordered to be engrossed for a third reading.
The resolution relative to the account for printing by J. Clisby,
was read a third time, and adopted.
The resolution authorizing the Clerk of the Supreme Court to.
have certain work performed on the Supreme Court Room,










Was read a second time, and ordered for a third reading.
The House bill to be entitled, An Act to give effect to the provi-
sions of the Constitution of this State, respecting Corporations and
Associations claiming to exercise Corporate Privileges within this
State,
Was read a second time, and on motion of Mr. Kain, postponed
until Saturday next.
On motion of Mr. Broward, Mr: Bellamy had leave of absence
until Monday next.
The Senate adjourned until to-morrow, 10 o'clock A. M.

FRIDAY, November 28, 1845.
The Senate met pursuant to adjournment, and a quorum being
present the proceedings of yesterday were read and approved.
Mr. Forward gave notice that he will, at an early day, ask
leave to introduce a bill to be entitled, An Act in relation to Gar-
nishees and Garnishee Process.
On motion of Mr. Bell he had leave to change his vote on yes-
terday from yea to nay on the adoption of the resolution offered by
Mr. Forward, relative to the petition of bond-holders.
Agreeably to previous notice, Mr. Haughton introduced a bill to
be entitled, An Act so to amend the Constitution of this State as to
extend the elective franchise to all free white male inhabitants of
and over the age of twenty-one years, who shall have resided there-
in one year, and within the county or election district in which they
offer to vote, six months next preceding the election.
Which was read the first time and fifty copies ordered to be
printed.
Agreeably to previous notice, Mr. Mitchell introduced a bill to be
entitled, An Act in addition to, an act to raise a revenue for the
State of Florida, and defining the duties of the assessors and col-
lectors thereof.
Which was read the first time and ordered for a second reading.
Mr. McLean offered the following resolution :
Resolved by the Senate, (the House of Representatives concurring,)
That the General Assembly do proceed to the election of Circuit
Judges for the Eastern and Southern Districts of this State, on
Wednesday next, at 12 o'clock M.
Which was read the first time.
Mr. McLean moved to waive the rule and read the resolution a
second and third time.
Which motion was lost.
The resolution was then ordered for a second reading.
Mr. Forward from the Committee on the Judiciary made the fol-
lowing report:
The Judiciary Committee, to whom was referred the bill to be en-
titled, An Act to amend the act giving a lien to Mechanics in
certain cases, approved January 20th, 1827, and in addition thereto,










have had the same under consideration, and have instructed me
to make the following
REPORT:
The Committee are of the opinion that the statutes of Florida of
the years 1827 and 1841, on the subject of liens, go as far as the
Legislature can go, without impairing the obligation of contracts ;"
that the provisions of this bill would be clearly unconstitutional.
The bill is herewith returned to the Senate, and the Committee
ask leave to be discharged from the further consideration thereof.
W. A. FORWARD, Chairman.
To which was attached the following dissent:
The undersigned dissents from the Report of the Committee on
the Judiciary, as he does not believe that the Statutes of Florida
of the years 1827 and 1841, go as far as the Legislature can go,
without impairing the obligation of contracts."
WM. A. KAIN.
Which was received.
The President decided that the next question after the reception
of the report was shall the report be concurred in ?"
Mr. Forward appealed from the decision of the Chair.
Upon the question of sustaining, the decision of the Chair the
yeas and nays were called for by Messrs. Forward and Haughton,
and were (the President declining to vote):
Yeas-Messrs. Broward, Haughton, Kain, Lorimer, Mitchell,
Porter and White-7.
Nays-Messrs. Bell, Carter, Forward, Goodbread, Mays, Mc-
Lean and Priest-7.
So the decision of the Chair was not sustained.
Mr. McLean then asked and obtained leave to change his vote
on said question.
So the vote stood-Yeas 8; Nays 6; and the decision of the
Chair was sustained.
On motion of Mr. Carter, the bill and report were laid on the
table.
Mr. White from the Committee on Enrolled bills, made the fol-
lowing report:
The Committee on Enrolled bills, report, as correctly en-
rolled, a Resolution extending further time to the Sheriffs in the
several Counties to make their returns to the Comptroller and Trea-
surer of this State. THOS. M. WHITE, Chairman.
The following message was received from the House of Rep's:
HoUSE OF REPRESENTATIVES, Nov. 28th, 1845.
Hon. President of the Senate :
The following extract from the minutes of yesterday, was di-
rected to be certified to the Senate, viz :
"IMr. 'Fernandez moved that the testimony sent to this House by
,the Governor, relative to Militia services performed in the County










of Duval, in the year 1838, and laid on the table, be referred to a
Joint Select Committee, to consist of five members of this House,
and that the Senate be informed of the same ; which motion pre-
vailed, and Messrs. Ross, Goff, Philips, Long and Garrason, were
appointed said Committee on the part of the House."
Your obedient servant, M. D. PAPY,
Clerk House Representatives.
Messrs. Carter, Bell, Priest, Broward and Goodbread were then
appointed a committee on the part of the Senate to act with said
committee on the part of the House.
ORDERS OF THE DAY.
The engrossed bill to be entitled, An Act to solemnize the rites
of matrimony, carnme up.
On motion of Mr. McLean, the Senate resolved itself into a Com-
mittee of the Whole on said bill, Mr. White in the Chair, and after
some time spent therein, rose and reported the bill with amend-
ments, being the substitute offered by Mr. McLean in the Commit-
tee of the Whole.
Which report was concurred in, and the bill as amended ordered
to come up on a second reading on to-morrow.
The resolution providing for a sword to be presented to Col. Har-
ney was read a second time and ordered to be engrossed.
The engrossed resolution asking of Congress an appropriation
for prosecution of criminal offences, was read a third time and adop-
ted unanimously.
The bill to be entitled, An Act to amend an act entitled an act to
organize the Circuit Courts of the, State of Florida, was read a se-
cond time and referred to the,Committee on the Judiciary.
The bill to be entitled, An Act respecting corporations, was read
a second time.
Mr. Haughton moved to print fifty copies of the bill.
Which motion was lost.
Mr. Carter moved to reconsider said vote.
Which motion prevailed, and fifty copies of said bill ordered to
be printed.
The House bill to be entitled, An Act to declare the Mayors and
Intendants of the several incorporated cities and towns in this State
ex officio Justices of the Peace, was read a second time and refer-
red to the Committee on the Judiciary.
The House bill to be entitled, An Act to alter the first section
of the Sixth Article of the Constitution of this State,
Was read a second time, and laid on the table.
The House bill to be entitled, An Act making provisions for the
establishment of Ferries and Bridges,
Was read a second time, and referred to the Committee on In-
ternal Improvements.
The bill to be entitled, An Act respecting the property of, and










debts due to Corporations that have been dissolved, and of debts
owing to them,
Was read a second time, and referred to the Committee on Fi-
nance and Banks,
The resolution, authorizing the Clerk of the Supreme Court to
have certain work performed on the Supreme Court Room,
Was read a third time, and adopted.
A message from the House informed the Senate that the House
had adopted said Resolution.
On motion of Mr. Haughton, Mr. White had leave of absence af-
ter 12 o'clock to-morrow, until Saturday, the 6th of Dec. next.
The following message was transmitted to His Excellency the
Governor:
SENATE CHAMBER, Nov. 28, 1845.
To His Excellency the Governor of Florida:
I herewith transmit for the approval of your Excellency a Reso-
lution relative to suspending the Revenue Law, and giving further
time to Sheriffs to settle their accounts, &c., passed by both Houses
of the General Assembly, and signed by the officers thereof.
Your obedient servant, THOS. F. KING,
Secretary Senate.
The following message was received from His Excellency the
Governor:
EXECUTIVE OFFICE, I
Capitol, Tallahassee, Nov. 28th, 1845.
Gentlemen of the Senate
and House of Representatives :
I have approved a Resolution, this day officially communicated
to me, entitled, A Resolution respecting the procurement of Arms
for the Militia of this State."
I have the honor to be,
Very respectfully, your obedient servant,
W. D. MOSELEY.
The Senate adjourned until to-morrow, 12 o'clock, M.


SATURDAY, November 29, 1845.
The Senate met pursuant to adjournment, and a quorum being
present, the proceedings of yesterday were read and approved.
Agreeably to previous notice, Mr. Haughton introduced a bill to
be entitled, An Act so amending the Constitution of this State as
to make the sessions of the Legislature biennial instead of annual.
Which was read a first time, laid on the table and fifty copies or-
dered to be printed.
Agreeably to previous notice, Mr. Forward introduced a bill to
be entitled, An Act in relation to garnishees and garnishee process.
Which was read a first time and ordered for a second reading.
Mr. McLean presented a petition from Wm. McCallum, a citi-










zen of Walton county, praying that he may be allowed to peddle
without taxation.
Which was read and referred to a Select Committee consisting
of Messrs. McLean, Haughton and Lorimer.
Mr. Haughton offered the following Preamble and Resolutions:
Preamble and Resolutions in relation to the Everglades of Florida.
WHEREAS, there is a vast and extensive region, commonly termed
the Everglades, in the Southern section of this State, embracing no
inconsiderable portion of its entire Peninsula, which has been
hitherto regarded as wholly valueless, in consequence of being cov-
ered by water at stated periods of the year, and the supposed im-
practicability of draining it : And whereas, recent information, de-
rived from the most respectable sources, has induced the belief,
which is daily strengthening, that these opinions are without foun-
dation, and on the contrary, that at a comparatively small expense,
the aforesaid region can be entirely reclaimed ; thus opening to the
habitation of man an immense and hitherto unexplored domain,
perhaps not surpassed in fertility and every natural advantage by
any other on the globe : And whereas, it is no less the interest of
the General Government than of Florida, with its vast donation of
unlocated land, to adopt some early and efficient measure to test the
accuracy of these representations:
Be it therefore Resolved by the Senate and House of Representa-
tives of the State of Florida, in General Assembly convened, That
our Senators in Congress be instructed, and our Representative re-
quested, to bring this important subject to the attention of Congress
at the earliest day, and earnestly press upon its consideration the
propriety and policy of forthwith appointing competent engineers to
examine and survey the aforesaid region, with a view, if considered
practicable, to its speedy reclamation.
Resolved, That immediately upon their passage and approval,
His Excellency the Governor be requested to transmit to the per-
sons above named, to the Commissioner of the General Land Office,
and to the President of the United States, certified copies of the
foregoing Preamble and Resolution; and to communicate with the
latter officer, and furnish him with all the information in his pos-
session, in reference to a subject of deep interest to the General
Government, as well as to our own.
Which was read a first time and ordered for a second reading.
Mr. Forward, from the Committee on the Judiciary, made the fol-
lowing report:
The Judiciary Committee have had under consideration a bill enti-
tled, An Act prescribing the form of a Digest or Manual of the
Laws of this State, and have instructed me to report the follow-
ing amendments :-
In the second section thereof, after the word work" in the sev-
enth line, insert the words, and the same noted."
In the fourth section, strike out the words, General Assembly










shall, by joint ballot," and insert the words Governor shall."-
Insert between the words all" and acts" in the seventh line of
the 3d section, the word English."
Also, a bill to be entitled, An Act to amend an act to organize
the Circuit Cour:s of the State of Florida, and an act entitled, Anr
Act to declare Mayors and Intendants of the several corporate Ci-
tivs and Towns in this State, ex-officio Justices of the Peace, which
last mentioned bills the Committee instructed me to report back
without amendment. W. A. FORWARD, Chairman.
Which report was received and concurred in, and said bills and
amendments placed among the orders of the day.
Mr. White, from the Committee on Enrolled Bills, reported as
correctly enrolled a Resolution authorizing the Clerk of the Su-
preme Court to contract for the fitting up of the Supreme Court room.
The following message was received from his Excellency the
Governor:
EXECUTIVE OFFICE,
Capitol, Tallahassee, Nov. 28, 1845.
Gentlemen of the Senate
and House of Representatives:
I have approved the Resolution of the General Assembly tem-
porarily suspending a part of the act entitled, An Act to raise a
revenue for the State of Florida."
I have the honor to be, very respectfully, your ob't serv't,
W. D. MOSELEY.
A bill was received from the House to be entitled, An Act ap-
pointing the several Town Councils in this State, Boards of health
ex officio.
Which was read the first time and ordered for a second reading.
ORDERS OF THE DAY.
The House bill to be entitled, An Act to give effect to the pro-
visions of the Constitution of this State respecting corporations and
associations claiming to exercise corporate privileges within this
State, made the special order for to-day, came up on a second read-
ing and was Ieferred to the Committee on Finance and Banks.
The engrossed resolution providing for a sword to be presented
to Col. W. S. Harney, was read a third time, and adopted unani-
mously.
The bill to be entitled, An Act so to amend the Constitution of
this State as to extend the elective franchise to all free white male
inhabitants of and over the age of twenty-one years, who shall have
resided therein one year, and within the county or election district
in which they offer to vote, six months next preceding the election,
was read a second time.
Mr. Forward moved to amend the bill by inserting after the word
" elector in the thirteenth line of the printed bill, the words or
native born citizen."
Which was adopted, and the bill referred to the Committee on










the Judiciary. The resolution to go into the Election of Judges
on Wednesday next,
Was read a second time.
Mr. Forward moved to amend the resolution, by striking out
"Wednesday," and insert Saturday" in its place.
Which motion prevailed.
The bill to be entitled, An Act to solemnize the rites of Matri-
mony, came up as amended, on a second reading.
Mr. Mays offered the following amendment to be added to the
first section;
Provided, however, That nothing in this act shall be so construed
as to authorize Justices of the Peace to solemnize the rites of Mat-
rimony beyond the limits of their respective Counties.
Which was adopted.
Mr. Kain moved to strike out the words Judges of the Circuit
or Probate Courts in the first section of the bill, and insert Judges
of the Supreme, Chancery and Circuit Courts,
Which was rejected.
The Senate then resolved itself, into a Committee of the Whole
on said bill as amended; and after some time spent therein, rose
and reported the bill with amendments.
Which amendments were concurred in.
Mr. Forward moved to strike out, Justices of the Supreme Court,
Chancellor, or the Judges of the Circuit Courts of this State, in the
first section of this bill, and in all other sections in which they are
inserted.
On the adoption of which the yeas and nays were called for by
Messrs. Forward and Haughton, and were:
Yeas-Mr. President, Messrs. Broward, Carter, Forward,
Goodbread, Porter and Priest-7.
Nays-Messrs. Haughton, Kain, Lorimer, Mays, McLean and
Mitchell-6.
So the motion prevailed.
The bill as amended, was then referred to the Committee on the
Judiciary. *
The bill to be entitled An Act in addition to an act to raise a
Revenue for the State of Florida, and defining the duties of the
Assessors and Collectors thereof,
Was read a second time, and referred to the Committee on Fi-
nance and Banks.
The bill to be entitled, An Act to amend an act entitled an act
to oganize the- Circuit Courts of the State of Florida,
Was read a second time, and ordered to be engrossed for a third
reading.
The House bill to be entitled, An Act to declare the Mayors
and Intendants of the several corporate Cities and Towns in this
State ex-officio Justices of the Peace,
Came up on a second reading, and was laid on the table.
7










The bill to be entitled, An Act prescribing the form of a Digest
or Manual of the Laws of this State,
Came up on a second reading, with the amendments reported by
the Committee on the Judiciary,
Which amendments were concurred in, and the bill ordered to
be engrossed for a third reading.
The bill to be entitled, An Act-respecting Corporations,
Was read a second time. and referred to the Committee on the
Judiciary.
On motion of Mr. Forward, the vote of yesterday, by which the
bill to be entitled, An Act respecting the Property of, and Debts
due to Corporations that have been dissolved, and of debts owing
by them, was referred to the Committee on Finance and Banks,
was re-considered, and the bill referred to the Committee on the
Judiciary,
The Senate adjourned until Monday, 12 o'clock M.

MONDAY, December 1, 1845.
The Senate met pursuant to adjournment, and a quorum being pre-
sent, the journal of Saturday's proceedings was read and approved.
Mr. Haughton gave notice that he will, at an early day ask leave
to introduce a bill to be entitled, An Act to organize a Board of In-
ternal Improvements for this State, and to prescribe their powers
and duties.
Also, An Act to authorize the dismissal of suits in cases not
heretofore provided for by law.
Mr. Broward offered the following resolution:
Resolved by the Senate and House of Representatives of the State
of Florida, in General Assembly convened, That no member of the
General Assembly shall receive payment for any other time than he
actually serves in the same, except he be sick, and not able to at-
tend to the discharge of his official duties.
Which was read a first time, and ordered for a second reading.
Agreeably to previous notice, Mr. Lorimer introduced a bill to
be entitled, An Act for the relief of the Poor and Destitute, and to
guard against the accumulation of Pauperism,
Which was read a first time, the rule waived, read a second time,
and referred to the Committee on the State of the Republic.
The House returned the Senate bill to be entitled, An Act in re-
lation to administering Oaths,
Passed by the House without amendment.
A bill was received from the House to be entitled, An Act relat-
ing to the Commissioners of the Tallahassee Fund,
Which was read the first time, and ordered for a second reading.
ORDERS OF THE DAY.
The engrossed bill to be entitled, An Act to amend an act to or-
ganize the Circuit Courts of the State of Florida,
Came up, and was read a third time.










Mr. Haughton offered the following as an engrossed rider, to be
made a fourth section to the bill:
SEc. 4. Be it further enacted, That all writs, process and other
business made or to be made returnable to the next term of said
Courts respectively, as heretofore established, shall be returnable to
the first term thereof, to be held under this act; and all recogni-
zances taken or to be taken, and every other matter now depend-
ing, or which may hereafter be depending in said Courts, which
are or may be undetermined, shall have day, be disposed of and
determined in said Courts respectively, at the terms hereby estab-
lished ; and no recognizance, writ or other matter, shall be dismiss-
ed, discontinued or fail, by reason of the alteration in the time of
holding said Courts.
Which was adopted.
On the passage of the bill as amended, the yeas and nays were :
Yeas-Mr. President, Messrs. Bell, Broward, Carter, Forward,
Goodbread, Haughton, Kain, Lorimer, Mays, McLean, Mitchell,
Porter and Priest-14.
Nays-None.
So the bill passed. Title as stated.
The engrossed bill to be entitled, An Act prescribing the form of
a Digest or Manual of the Laws of this State,
Came up, and was read a third time.
On the passage of the bill, the yeas and nays were:
Yeas-Mr. President, Messrs. Bell, Broward, Carter, Forward,
Goodbread, Haughton, Kain, Lorimer, Mays, McLean, Mitchell,
Porter and Priest-14.
Nays-None.
So the bill passed. Title as stated.
The resolution that the two Houses go into the election of Judges
for the Southern and Eastern Circuits, on Saturday next,
Was read a third time, and adopted.
The House bill to be entitled, An Act appointing the several
Town Councils in this State Boards of Health ex-officio,
Was read a second time, and laid on the table.
The bill to be entitled, An Act in relation to Garnishees and
Garnishee Process,
Was read a second time, and referred to the Committee on the
Judiciary.
The Preamble and Resolutions in relation to the Everglades of
Florida,
Were read a second time.
Mr. Kain moved to strike out all that part of the first of said res-
olutions, after the words aforesaid region."
Which motion prevailed.
The Preamble and Resolutions as amended, were then ordered
to be engrossed for a third reading.
On motion of Mr. Carter, Ordered, that Mr. Clisby be allowed to










take a copy of his bill of printing at the late session of the Senate,
filed among the papers of the Secretary.
The Senate adjourned until to-morrow, 10 o'clock A. M.

TUESDAY, December 2, 1845.
The Senate met pursuant to adjournment and, there being a quo-
rum present, the proceedings of yesterday were read and approved.
On motion of Mr. Lorimer, the bill to be entitled, An Act to
amend an act giving a lien to mechanics in certain cases, &c.,
Was taken from the table and placed among the orders of the day.
On motion of Mr. McLean, leave of absence was granted to Mr,
Lorimer until.to-morrow, 10 o'clock.
Mr. Forward gave notice that he will, at an early day, ask leave
to introduce"' bill to be entitled An act to amend the several acts
in relation to 'the limitation of actions, and for other purposes.
The following message was transmitted to his Excellency, the
Governor of Florida:
SENATE CHAMBER, December 2, 1845.
To his Excellency, the Governor of Florida:
I herewith transmit, for the approval of your Excellency, a reso-
tion relative to fitting up the Supreme Court Room, passed by both
Houses of the General Assembly and signed by the officers thereof.
Your obedient servant,
THOS. F. KING, Sec'y Senate.
Mr. Forward from the Judiciary Committee made the following
report:
The Judiciary Committee have had under consideration the fol-
lowing bills, to wit :
An Act to amend the Constitution, &c.
An Act respecting corporations.
An Act respecting the property of, and debts due to corporations
that have been dissolved, and of debts owing by them.
An Act in relation to garnishees and garnishee process.
And instructed me to report the same back to the Senate, with-
out amendment. W. A. FORWARD, Chairman.
Which report was received and the said bills placed among the
orders of the day.
On motion of Mr. Haughton, the rule was waived and he offered
the following resolution :
Resolved by the Senate and House of Representatives of the State
of Florida in General Assembly convened,That the Resolution of the
General Assembly, approved November, 1845, amending an
act of the last Session, entitled An act to raise a revenue for the
State of Florida, &c., shall not be deemed to apply to the tax-col-
lectors in the counties of Middle Florida, which collectors are
hereby required to make their settlements with the Treasurer, on
or before the 20th of December instant.










To which Mr. McLean offered the following'amendment:
Resolved, That the Comptroller be required to forward a copy of
this resolution to the Sheriffs of Middle Florida, and also, a copy of
the one of which this is an amendment, to the other Sheriffs of the
State, affected thereby.
Which amendment was concurred in.
The rule was then waived and the resolution as amended read
a second and third time and adopted.
Mr. Broward from the Committee on the State of the Republic
made the following report :
The Committee of the Senate on the State of the Republic, to
which was referred the correspondence and documents between
their Excellencies the Governors of the State of Florida and the
State of Georgia, accompanied by documents and correspondence
between the Secretary of State of the. United States, and His
Excellency the Governor of Florida, on the subject of the boun-
dary between the States aforesaid, and running and marking a
line between the same, and having given that subject the careful
and attentive consideration which its importance to Florida de-
mands, beg leave to
REPORT:
It appears to your Committee on the investigation of this sub-
ject, that the most important question to decide is, where said line
is to commence and terminate. To arrive at that conclusion, due
consideration has been given to the many transfers and cessions
which Florida has passed through from one sovereign State to that
of another, and to ascertain where the several governments, by
which Florida was held and transferred, considered to be the
northern boundary thereof.
Your Committee deem it not important on this occasion to look
beyond or anterior to the treaty of settlement and limits between
the United States and His Catholic Majesty, the King of Spain, in
the year ninety-five. It appears by that treaty, that the United
States did, on their part, appoint Andrew Ellicott, Commissioner,
and Thomas Freeman, Surveyor, to meet the Commissioner and
Surveyor on the part of Spain; and the said Commissioners, in
conformity with the stipulations of said treaty, proceeded to estab-
lish the boundary line between the United States and the then pro-
vinces of East and West Florida, belonging to His Catholic Ma-
jesty. The said Commissioners executed the stipulations of said
treaty, so far as to fix and establish a permanent boundary on the
West, known as the junction of the Flint and Chattahoochie rivers,
and by the further stipulations of said treaty, a line was to be run
from the junction of said river to the head of the St. Mary's river
on the East; but in consequence (as will be seen by reference to
the journals of the said Commissioners,) of the formidable and un-
friendly tribe of Indians, who inhabited the country through which
that line would have to pass, deferred making or running that line,









until a more favorable opportunity was presented. The Commis-
sioners did then, with a perseverance highly creditable to them,
proceed to the mouth of the St. Mary's river, and ascend the same
to its head, landed there, and at a short distance from the same,
threw up a mound of earth, and called itEllicott's Mound, and by so
doing, fixed a permanent and indisputable point, to designate what
was the head of the St. Mary's river, for it was near this point
where the St. Mary's cease to be called by that name, in conse-
quence of its pronging in tributary streams, one of which is called
the South prong, and another the North prong. The two prongs,
the waters of which, with other tributary streams, compose the
river of St. Mary's.
Your Committee are of the opinion, that the Commissioners of
the two high contracting parties, who were equally jealous of their
National rights, having established the permanent boundaries be-
tween the United States and the then provinces of East and West
Florida, belonging to His Catholic Majesty, and leaving the run-
ning of the line from Ellicott's Mound to the junction of the Flint
and Chattahoochie rivers, to be run at some future day by their re-
spective Governments, when the disposition of the Indians in that
section of country would have been more favorable to that result;
and the two high contracting parties having approved of the doings
of their Commissioners, by ratifying the same, and making their
proceedings a part of the treaty of '95, leaving nothing now to be
done, to settle the differences between the States of Georgia and
Florida, but what was left by them to be done at a future day, which
is to run saidline from Ellicott's Mound on the East, to the junction
of the Flint and Chattahoochie rivers on the West ; and which,
when done, will complete the treaty of '95, between the United
States and the King of 'Spain.
To carry out this desirable object, your Committee, in view of
the amicable disposition manifested by the Governor of Georgia,
and his desire to settle this unpleasant controversy, with as little
delay as possible, would recommend the annexed or similar resolu-
tions, authorizing His Excellency the Governor of Florida to ap-
point a fit and competent person as a Commissioner, with a compe-
tent person as Surveyor-if he should think the service to be per-
formed, required such assistance-to meet the Commissioner of
Georgia, for the purpose of running and marking said'line. And in
the opinion of your Committee, inasmuch as the contemplated line
was, by the Commissioner on the part of the United States, left to
be run at a future day, that the General Government be requested,
(the State of Georgia consenting thereto,) to send a Commissioner
to confer with the Commissioners on the part of Florida and Geor-
gia, in running said line ; and in case that any difference of opinion
should occur, between the Commissioners of the States of Florida
and Georgia, that said Commissioner on the part of the United
States, should be authorized to preside and act as umpire, to the
end that a mere difference of opinion between the Commissioners,
may be settled, without defeating the object in view.











And your Committee indulge the belief, that inasmuch as the
General Government did, by the treaty of '95, contemplate at a fu-
ture day, by the appointment of a Commissioner on the part of the
United States, to run and mark out said line, and pay the expense
which would be incurred thereon, will nothesitate to do now, what
it was willing and bound to do, at the conclusion of said treaty.
All of which is respectfully submitted; and your Committee ask
leave to be discharged from the further consideration thereof.
JOHN BROWARD, Chairman.
Be it resolved by the Senate and House of Representatives of the
State of Florida, in General Assembly convened, That his Excellen-
cy the Governor of Florida be, and he is hereby authorized to ap-
point, a fit and competent person to act and confer with a person to
be appointed by the Governor of Georgia, to act as Commissioners,
to run and mark a boundary line between the States of Georgia and
Florida, in conformity with the treaty of 1795 ; between the United
States and the King of Spain. And his Excellency the Governor
be further authorized to furnish said Commissioner, on the part of
Florida, with such assistance as may in his opinion be necessary.
Be it further resolved, That the Governor of Florida be, and he
is hereby authorized and required to ask the General Government,
through its proper authorities, to send a Commissioner on the part
of the United States, to confer with the Commissioners of Georgia
and Florida, in running and marking said line; and to act as umpire
in any disagreement which may occur between them. And that
our Members of Congress be asked to obtain an appropriation from
Congress to pay the same.
Which were read and seventy-five copies of the report and reso-
lutions ordered to be printed.
On motion of Mr. Carter the rule was waived and he presented
a petition from Samuel Worthington, captain of a militia company
in the late Indian War.
Which was read and referred- to a select committee, consisting
of Messrs. Carter, Mitchell and Priest.
Mr. Bell, from the committee on the Militia, made the following
report:
The committee on the Militia have had that subject under con-
sideration, and ask leave to report a bill to be entitled, An Act to
organize the militia of this State. D. BELL,
Chairman Committee on Militia.
Which bill was read the first time and seventy-five copies order-
ed to be printed.
On motion of Mr. Lorimer, the vote to print seventy-five copies
of the report and accompanying resolutions of the Committee on
the state of the Republic, was reconsidered, and one hundred and
fifty copies thereof ordered to be printed.










ORDERS OF THE DAY.
The engrossed Preamble and Resolutions in relation to the Ev-
erglades of Florida, was read a third time and adopted.
The resolution relative to pay of members of the General As-
sembly only for actual service, &c., was read a second time and
ordered for a third reading.
The House bill to be entitled, An Act relating to the Commis-
sioner of the Tallahassee Fund, was read a second time and refer-
red to the Committee on the state of the Republic.
The bill to be entitled, An Act in relation to garnishees and gar-
nishee process, was read a second time.
On motion of Mr. Forward, the Senate resolved itself into a
Committee of the Whole on said bill, Mr. Carter in the chair, and
after some time spent therein, rose and reported the bill with a-
mendments.
Which were concurred in by the House, and the bill as amend-
ed ordered to be engrossed for a third reading.
The bill to be entitled, An Act to amend the act giving a lien
to mechanics in certain cases, approved January 20, 1827, and in
addition thereto, came up on a second reading.
The report of the committee on the Judiciary to the effect that
certain provisions in said bill were unconstitutional, was taken from
the table, and on the .question of concurring therein, the yeas and
nays were called for by the President and Mr. Forward, and were :
Yeas-Messrs. Bellamy, Broward, Carter, Forward, Goodbread,
Haughton, Lorimer, Mays and Priest-9.
Nays-Mr. President, Messrs. Bell, Kain, McLean, Mitchell and
Porter-6.
So the report was concurred in.
The President decided that concurrence in the report defeated
the bill.
Mr. Forward appealed from the decision of the Chair.
On the question being put the decision of the Chair was sustained.
On motion of the President the rule was waived and he gave no-
tice that he would ask leave to introduce the said bill again after
ten days.
The bill to be entitled An Act so to amend the Constitution of
this State as to extend the elective franchise to all free white male
inhabitants of and over the age of twenty-one years, who shall have
resided therein one year and within the county or election district
in which they offer to vote six months next preceding the election,
Was read a second time and ordered to be engrossed for a third
reading.
The bill to be entitled An Act respecting the property of and
debts due to corporations that have been dissolved and of debts ow-
ing by them, and
The bill to be entitled An Act respecting corporations,










Came up on a second reading and were ordered to be engrossed
for a third reading.
A bill to be entitled, An Act to change the name of Susan Ann
Vaughn, also,
A bill to be entitled, An Act to change the name of Samuel D.
Smith,
Were received from the House, read a first time and ordered for
a second reading.
The Senate adjourned until to-morrow, 10 o'clock, A. M.

WEDNESDAY, December 3, 1845.
The Senate met pursuant to adjournment, and a quorum being
present the proceedings of yesterday were read and approved.
Mr. Haughton gave notice that he will on to-morrow, ask leave
to introduce a bill to be entitled, An Act to guard the purity of the
elective franchise.
Mr. Bellamy, from the Committee on Finance and Banks, made
the following report.
The Committee on Finance and Banks have had under conside-
ration a bill to be entitled, An Act to give effect to the provisions
of the Constitution of this State respecting corporations and associ-
ations claiming to exercise corporate privileges within this State,"
and have instructed me to report the same back without amend-
ment. WILLIAM BELLAMY, Chairman.
Which was received, and the bill placed among the Orders of
the Day.
Mr. Mitchell from the Committee on Enrolled Bill, reported as
correctly enrolled, a bill to be entitled, An Act in relation to ad-
ministering oaths.
Mr. Broward, from the Committee on the state of the Republic,
made the following report:
The Committee of the Senate on the state of the Republic, to which
was referred the Report and Accounts of the Commissioner of
the Tallahasse Fund, having duly considered and examined the
same, beg leave to REPORT:
That from such knowledge as they have been enabled to gather
from the Report and Accounts of the Commissioner of the Fund,
and there being no charge brought before the committee in relation
to any mismanagement of the same, they are led to infer that the
Commissioner has conducted his trust with judgment and fidelity.
Your committee are, however, of the opinion that it should be the
duty of the Commissioner to file in the office of the Comptroller
of Public Accounts, such vouchers as may be necessary to estab-
lish the various items of his accounts. And the Comptroller should
be instructed.to compare and examine the same, and to report the
result of such comparison and examination to each House of the
General Assembly. The accounts exhibit a debit balance against
8










said fund of six thousand one hundred and forty dollars and sixty-
four cents ($6,140 64-100). Provision should speedily be made for
the liquidation of this balance. With that view, and there being
no further necessity for a Commissioner, the committee would sug-
gest the propriety of abolishing the office, and placing the property
and assets belonging to this Fund in charge of the Treasurer of
the State, whose duty it should be, under the direction of the Gov-
ernor, to cause the same to be converted into cash and applied to the
objects for which the Fund was established. The committee have
not thought it necessary to report a bill to effect this object, as it
will be seen by reference to the Journals of the House of Repre-
sentatives, that such a bill has been introduced into that body.-
They would, however, recommend that in all sales of the property
belonging to this Fund, cash should be demanded for the purchase
money, or if credit be given, that bonds with sufficient security be
taken, to secure to the State the ultimate payment of the money.
Your committee would respectfully recommend the adoption of
the following resolution, and beg leave to be discharged from the
further consideration of the subject.
JOHN BROWARD, Chairman.
Resolved, That the Commissioner of the Tallahassee Fund, be,
and he is hereby instructed, to file in the office of Comptroller ol
Public Accounts, a transcript of his accounts, with such vouchers
as may be necessary to establish their various items ; and the Comp-
-troller is hereby instructed to compare and examine said accounts
and vouchers, with a view to ascertain their correctness, and to re-
port the result of such comparison and examination to each House
of the General Assembly.
Which was received and the resolution read a first time.
Also the following:
The Committee of the Senate on the State of the Republic to
which was referred the bill entitled An Act relating to the Com-
missioner of the Tallahassee. Fund, having duly considered the
same, beg leave to report the bill back to the Senate with the fol-
lowing amendment: strike out all that part of the third section af-
ter the words public auction," and insert the words "for cash."
Which was received and said bill and proposed amendment
placed among the Orders of the Day.
The following message was received from his Excellency the
Governor:
EXECUTIVE OFFICE,
Capitol, Tallahassee, Dec. 3d. 1845.
Gentlemen of the Senate
and House of Representatives:
I have the honor herewith to transmit a copy of the communica-
tion received by the mail of yesterday from the Hon. Secretary of
State of the United States, accompanied with copies of a corres-
pondence in rylaiion to the fisheries on the coast of Florida, which










documents have been kindly forwarded to this Department in com-
pliance with a request made in my communication of the 10th of
September last. It will be seen by reference to my communica-
tion of that date to the Hon. Secretary of State, that the exclusive
right to these fisheries was therein distinctly asserted and claimed
on behalf of the people of this State.
The correspondence (copies of which are herewith enclosed,) it
is believed, places this question beyond all reasonable doubt, not
only as to our right to the exclusive use of them, but that the right
thus asserted has ever been acknowledged and respected by the
authorities of other Governments.
I have the honor to be, very respectfully, your ob't servant
W. D. MOSELEY.

DEPARTMENT OP STATE,
Washington November 22d, 1845.
His Excellency W. D. MOSELEY,
Governor of Florida, Tallahassee:
Sir: I had the honor to address you under date the 29th Octo-
ber, enclosing a circular letter from this Department to our Consuls
in the Island of Cuba and the adjacent British possessions, which,
it is hoped, will elicit, on the subject of the Florida fisheries, the
information desired by the Legislature of your State.
In further compliance with the request contained in your letter
of the 10th September relative to the fisheries, I now have the hon-
or to tranmit, numbered from 1 to 5, inclusively, a copy of all the
communications upon that subject, which appear to have been ad-
dressed to, or made by, this Department.
Of those addressed to it, some are not to be found on its files;
and a request to be supplied with a copy of these was in conse-
quence addressed to Mr. Packenham. the British Minister at this
place. This application has been complied with, except as re-
gards two papers which are not to be found on the files of his lega-
tion ; the one a letter from the Secretary of the Governor of the
Bahamas to the British Consul at St. Augustine, and the other a
letter from the Governor to Mr. Bankhead, which constituted en-
closures in Mr. Bankhead's first and last communications.
When these papers are obtained-as, from the courteous offer of
Mr. Packenham to write for them, it is hoped they will be-the Db-
partment will be enabled to make your collection a complete one.
I am, sir, very respectfully, your obedient servant,
'JAMES BUCHANAN.

No. 2.-Mr. D. Brent to Gov. W. P. Duval.
DEPARTMENT OF STATE,
Washington, 25th August, 1831.
W. P. DOVAL, Esq., Governor of Florida, Tallahassee.
Sir: Mr. Bankhead, His Britanic Majesty's Charge d'Af-










faires, has lately communicated to this Department, a letter, which
he had recently received from Mr. James Baker, British Consul of
the Floridas, containing the copy of one which had been written to
him by the Governor of the Bahamas, the object of which was to
ascertain whether the inhabitants of those Islands might be permit-
ted, as it is therein stated they were, before the cession of the Flo-
ridas to the United States, and until the British West Indian Islands
were closed to the commerce of the United States, to catch fish and
turtle upon the coast of Florida.
I have submitted Mr. Bankhead's communication to the Presi-
dent, by whose direction I have the honor of requesting you to
favor this Department with any information in your power, which
you may consider as pertinent to the subject, in regard to the pro-
priety of granting or withholding the accommodation desired. The
President would, doubtless, from a spirit of courtesy towards the
British Government, be glad of the opportunity of granting it, if
the exercise of the privilege should be found compatible with the
interests and rights of-the inhabitants of Florida.
I am, with great respect, sir, your obedient servant,
(Signed) D. BRENT, &c.

No. 3.-Gov. W. P. Duval to Mr. Livingston.
EXECUTIVE OFFICE, 1
Tallahassee, Florida, October.7th, 1831.
SIm-The communication from the State Department of the 25th
of August last, relating to the Fisheries on the coast of Florida, and
requesting information as to the propriety of withholding or grant-
ing the accommodation applied for by the British Minister, in be-
half of the inhabitants of the Bahamas, to catch Fish and Turtle on
the coasts of Florida, was received in due course of mail.
The terms of the application as gathered from the communica-
tion from the Department, would induce the impression that the
privilege asked for was of minor importance, but such opinion
would be erroneous.
It has been estimated that the Fish and Turtle taken in the Fish-
eries on the coasts and in the waters contiguous to the Islands and
Keys of Florida, and sold in'the Havana and other places in Cuba,
exceed one hundred thousand dollars annually. There are besides
many sold and consumed in the United States and elsewhere.
There are a number of vessels, generally smacks from twenty to
fifty tons burthen, employed solely in that business; and several
persons pursue it, and also the employment of salvors or wrecking,
in the same vessels. Some years ago these Fisheries were referred
to by a gentleman* very competent to judge in this respect, in a
report made to the Government, of an exploration of the Peninsula,
as a Topographical Engineer, as one of the most valuable resources
Col. Gadsden-Vide Rep. in Con. Doc. 1828.










of the country. More recently other intelligent gentlemen, who.
have taken an interest in the subject, and have made investigations
to arrive at the value of these Fisheries, and the practicability of
their regulation by law for such purpose, have advanced the opin-
ion, that they can be made the source of considerable revenue to our
local Treasury. At the last session of the Territorial Legislature,
the Judiciary Committee of the Council were instructed to inquire in-
to the subject, with that object, but for want of time to pay that atten-
tion to the subject its importance demanded, it was deferred to the
next session of the Council in January, 1832. The law proposed
by those who brought the subject forward, I am informed, required
all persons taking Fish, &c., with intent to carry them out of the
Territory, whether such persons were foreigners or not, and whether
the Fish were carried to foreign ports or not, to procure a permit
for that purpose, and to pay an officer appointed by the Territorial
authorities, a certain amount imposed as an equivalent for such priv-
ilege, and regulated by the quantity of Fish carried away. It cre-
ated a forfeiture of vessel and cargo, and an infliction of personal
penalties, for its violation. It is expected that a similar law will
be proposed at the approaching session in January next, and will
probably be enacted, and application will also most probably be
made to Congress, for aid in its enforcement,- as otherwise, obsta-
cles may arise, at first, to an effectual and complete execution of its
provisions.
If the General Government should regard it as contrary to sound
policy, as an unwarrantable assumption of power, as conflicting
with the interests of the United States, or as interfering with its en-
gagements to, or the spirit of courtesy proper to be observed towards
the British Government, as it is subject to the revision of Congress,
it can if advisable, be abrogated before its enforcement is attempted.
The Fish and Turtle are chiefly (if not all) taken in the Sounds,
Bays, &c., on the coasts, and in the waters contiguous to and be-
tween the Islands and Keys, and in shoal waters, and as it is be-
lieved will be admitted, entirely within the local jurisdiction. It is
contended by some of those of our citizens, who have interested
themselves in this subject, that the right of piscary in these waters
is wholly local, and belongs exclusively and solely to the citizens of
Florida. This exclusive claim is founded upon their inhabitancy
of the country to which these Fisheries naturally and geographi-
cally appertain. They are not sufficiently beyond the local juris-
diction as to render them of the national character of the Mackerel,
Cod and Whale Fisheries, and to place them under the control and
protection of the National Government.
It is also urged, that if the General Government have control
over this right of piscary, it is owing to our situation at this time,
being only a Territory, and that when we become a State, this
right, and the entire regulation of these Fisheries, will revert to the
State Government, as appurtenant to the local or State sovereignty.









62


There are also those who deny any authority in Congress, eveni at
this time, to interfere with these Fisheries, except in the revision,
(as prescribed in our "1 Organic Act,") of our Territorial laws.
It is not considered necessary or proper on this occasion, to of-
fer arguments to show whether all or any of these views, of the
rights of the General Government, and of the People of Florida,
are false or sound ;-they can be as properly and justly weighed,
without the very humble aid I could render. The most entire con-
fidence is reposed, that no measure compromitting the rights or in-
terests of our citizens, beyond what it is their duty as good citizens
cheerfully to acquiesce in ; nor any course tending to fetter the
State Government, which it is trusted is soon to be organized ,in
Florida, will be pursued by those now entrusted with the adminis-
tration of the National Government.
It would seem that the British Minister is under the impression,
that the inhabitants of the Bahamas enjoyed the accommodation
asked for, before the cession of the Floridas to the United States,
and until the British West India Islands were closed to the com-
merce of the United States, and that the accommodation was re-
fused to be continued, in consequence of this restriction upon our
commerce. That no persons of any nation were prevented from
fishing within the waters of Floiida, before the cession, and also
from doing many other things, since prohibited by our laws, is cor-
rect. The extension of the favor of fishing, as then enjoyed by
strangers, did not conflict with the interests of the Spanish popula-
tion of Florida. The number of Floridians then employed in the
Fisheries, was, compared to the number now engaged, quite limi-
ted. In fact, as those employed in the business supplied St. Au-
gustine and Pensacola, and other Spanish towns, among which
were, as at present, the Havana and Matanzas, inducements to
favor them, rather than otherwise, existed with the Spanish autho-
rities. The Spanish population of Florida, for years previous to
the cession, did not equal one-eighth of the present number of its
inhabitants. It was confined chiefly to the cities of St. Augustine
and Pensacola, and their vicinity. If they had been disposed not
to permit, they had not the power to prevent the use of these Fish-
eries by strangers. Soon after the cession, and before the West
India Ports were closed to the United States, and as the population
of Florida increased, especially down the Peninsula and on its
coasts, and on the Islands and Keys, these Fisheries were found to
be highly valuable, and in some respects necessary, for the use of
the inhabitants of the country, especially those near the sea coast.
The Seminole nation of Indians, who use many of these fish, were
also, about this time, removed to the Peninsula, and confined by
treaty to it.
The policy and laws of the United States and of the Territory,
required that no foreigners should have those opportunities of asso-










elation with them, which the use of those Fisheries, and the con-
sequent frequenting of our coasts, permitted.
Difficulties occurred between residents of the Bahamas, who
visited our coasts in vessels under the pretext of fishing, but really
to carry on the employment of salvors, and our citizens engaged in
the same pursuit,-and in consequence of the improper conduct of
the former, in a variety of ways, and among others, in taking ves-
sels across the Gulf Stream into Nassau, and other places, for the
adjudication of salvage, for services rendered on our coasts, and in
our waters and jurisdiction, the latter resolved to-force all foreigners
to forsake these Fisheries, and also the wrecking business on our
coasts. No violence was, it is believed, committed, but they coa-
lesced, and avoided all amicable associations with the foreigners,-
refused to furnish provisions, or aid them in any manner-threw ev-
ery possible obstacle in their way-enforced rigorously the revenue
laws of the United States relating to foreign vessels in our waters,
and also the laws regulating intercourse with the Indians ; and
adopted many other expedients, extremely vexatious to those against
whom they operated. After some time, in consequence of the
conduct of the wreckers from the Bahamas, the act of the 3d of
March, 1825, entitled, An Act concerning wrecks on the coasts
of Florida," was passed by Congress.
No officer had authority or instructions from, nor was any person
incited, aided, or countenanced, by either the National or Territo-
rial Government, in driving the fishermen and wreckers of the Ba-
hamas, from our coasts, except such assistance as was afforded by
the legal prosecutions in our Courts, authorized by the acts of
Congress above noticed, and which acts it should be observed,
were mere local municipal regulations, that all foreigners coming
within our jurisdiction, and especially those using these privileges,
were bound not to infringe. Indeed, the privilege asked for, has
never been denied the inhabitants of the Bahamas by our Govern-
ment, nor has any legislation been had with a view to such effect,
either by Congress or the Territorial Legislature. The measures
of our fishermen arid wreckers, and the enactment of the last men-
tioned act of Congress, and the alluring prospects for settlement
in our Territory, induced many who wished to continue or embark
in the business of fishing and wrecking, to become residents of
Florida, and citizens of the United States, and among them were
several inhabitants of the Bahamas. All this was anterior to the
closing of the West India Ports to our commerce. But to prove
that the obstacles thrown in the way of the Bahamians fishing on
our coasts by our fishermen and wreckers, was not induced by any
feelings arising from that measure of the British Government, it is
only necessary to state, that the regulation closing the West India
Ports, was highly advantageous to the citizens of Florida. We
had no trade that it could affect injuriously. Standing in most re-
spects to the Northern and Western States as do the British West










-India Islands-purchasing the same products, and disposing in re-..
turn of the same articles, the closing of the ports, by shutting up.
their markets as to the United States, made our purchases more
plentiful and cheaper, and by decreasing the importations from
these Islands, enhanced the demand for-, and the price of our pro-
ducts. Besides, much of the capital, and many persons who have
been employed in the West India trade, but who, in consequence,
were forced into other employment, were induced to emigrate to
our Territory, and to seek out and put into action the latent re-
sources of our new, and then comparatively unknown country. It
is, therefore, repeated, that the course pursued towards the inhabi-
tants of the Bahamas by individuals, and which in some measure
operated to prevent their enjoyment of these Fisheries, was not in
any wise in retaliation for, or owing to the closing of the West India
Ports, and that their own improper abuse of this privilege provoked
such course. If however, the measures pursued by our fishermen
and wrecker;,,.(without the encouragement, and not at the instance
of the Government,) had not been effectual, it is probable that the
ascertainment, upon the settlement and improvement of the country
since, that these Fisheries were valuable, and that the interests of
the inhabitants required the exclusive use of them to be retained
for them alone, would have induced measures by the Territorial, if
not by the National Government, with that object in view.
The considerations existing against granting the extension asked
for previously, have not lost their force, by the recent arrangement
between the two Governments, opening the West India ports to
American commerce.
Although the limits assigned the Seminoles by the treaty, do
not extend to within fifteen miles of the sea, it has been found ne-
cessary to suffer them to visit the coasts and obtain fish. The prac-
tice cannot be discontinued without exposing them to great suffer-
ing. Upon the extension of the favor asked for, it would be next
to impossible to prevent association between them and the foreign
fishermen, and such intercourse would inevitably lead to infractions
of the laws of the United States, in regard to trading with them,-
would be destructive of all government over the Indians, and might
lead to the most dangerous consequences.
Checks and restraints, and facilities for detection, apprehension
and punishment, exist with regard to our citizens, who may violate
the revenue laws of the United States, and other laws of the Gen-
eral and Territorial Governments, that could not be imposed upon
non-residents, foreigners approaching our coasts in vessels.
Indeed such opportunities for smuggling especially, would be.
afforded to foreigners by the extension of this privilege, that it
could not be prevented. If the privilege wasgranted, it is feared
also, it would again be used as a pretext to enable interference and
competition with our citizens in the business of wrecking, and
would lead to collisions, and disputes, and difficulties, and engen-










der feelings calculated to disturb the harmony which, between two
nations having the same origin, laws and language, should be pre-
served as a matter not merely of reciprocal interest, but of mutual
pride.
If the President, however, should conceive the National Gov-
ernment possesses the power, and that either courtesy to the Bri-
tish Government, or the interests of our own, renders an express
grant or extension of the privilege asked for proper or advisable, it
is trusted that it will be granted only with conditions that will
render those who use the Fisheries amenable to such laws as may
be enacted for the regulation of these Fisheries, and liable for
such equivalent, as may be imposed upon them, equally with all
others, for such liberty, by our Territorial Legislature.
I am respectfully, your obedient servant,
(Signed) WM. P. DUVAL,
HoN. E. LIVINGSTON, Secretary of State.
P. S. It is respectfully requested that information be given to the
Executive Department of this Territory, of the course pursued, iir
relation to this subject.

No. 1.-Mr. Bankhead to Mr. Livingston.
NEW YORK, 9th Aug. 1831.
The undersigned, &c., has the honor to transmit to Mr. Living-
ston, &c., the copy of a letter from H. M.'s Consul at St. Augustine,
enclosing a letter from the Secretary to the Governor of the Baha-
ma Islands.
It appears from Mr. Nesbitt's letter that previous to the closing
of the British colonial ports, the vessels belonging to the Bahamas
were permitted to catch Fish or Turtle on the coast of Florida and
its vicinity.
As the trade between the United States and the British West
Indies is now opened, the Governor of the Bahamas is most anxious
to obtain a similar permission, at the present time, for the fishermen
of those Islands.
The undersigned begs leave to submit this application to Mr.
Livingston, and to solicit for the same the favorable consideration
of the Government of the United States.
[Signed,] CHARLES BANKHEAD.

Mr. Baker to Mr. Bank/ead.
BRITISH CONSULATE, St. Augustine, 1st. July, 1831.
Sir:-I have the honor to enclose the copy of a letter addressed
to me by the command of his Excellency, the Governor of the Ba-
hamas, for the purpose of ascertaining whether there will be any
objections to the Bahama vessels catching Fish or Turtle on the
coast of Florida and its vicinity.
As I am not in possession of any certain information on this sub-
9










ject, I have most respectfully to request from you such instructions
as will enable me to answer his Excellency's application.
I have the honor, &c.
[Signed,] JAMES BAKER.
CHARLES BANKHEAD, EsQ.

No. 4.-Mr. Livingston to Mr. Bankhead.
(EXTRACT.)
DEPARTMENT OF STATE,
Washington, October 4, 1831. $
"Your note, dated the 9th day of August last, on the subject of
the Fishery on the coast of Florida has also been duly received,
and a communication directed to the Governor of Floridq for infor*
4. nation on that subject, which may soon be expected. In the mean
time it may probably be important to know whether a similar privi-
lege of fishing is enjoyed by American citizens on the Bahama
Banks, adjoiningg the Colonies of His Britanic Majesty. Should
you be in possession of any information on this point, I would es-
teem it a favor to have it communicated."

No. 5.-Mr. Bankkhead to Secretary of State.
The undersigned, His Britannic Majesty's Charge d'Affaires,
has the honor to refer to the note which the Secretary of State of
the United States addressed to him on the 4th October last, desir-
ing to be informed how far American vessels are permitted to fish
on the Bahama Banks, adjoining the colonies of His Majesty. The
Secretary of State made this inquiry at the same time that he ac-
knowledged the receipt of a note addressed to him by the under-
signed, asking whether the Fishermen of the Bahama Islands would
be allowed to catch Fish or Turtle on the coast of Florida.
Mr. Livingston's note was forwarded without delay to His Ma-
jesty's Governor of the Bahamas, and the undersigned has the honor
to communicate to him the copy of an answer which he has just
received from that officer, and which he trusts will be satisfactory
to the Government of the United States, with regard to the extent
of permission therein granted to American Fishermen, and he trusts
that an equally liberal construction will be given with reference to
the indulgence to fish on the coast of Florida, by the vessels of the
Bahama Islands.
The undersigned has the honor to renew to Mr. Livingston the
assurance of his most distinguished consideration.
(Signed) CHARLES BANKHEAD.
The Hon. EDWARD LIVINGSTON, &c., &c., &C.
Washington, March 5, 1832.
Which was rpad and seventy-five copies of the said documents.
ordered to be printed.
Also the following:










EXECUTIVE OFFICE,
Capitol, Tallahassee, Dec. 2d, 1845. j
Gentlemen of the Senate
and House of Representatives :
I have approved a resolution in relation to the Supreme Court
Room. I have the honor to be,
Very respectfully, your obedient servant,
W. D. MOSELEY.
The following documents were also received from his Excellen-
cy the Governor:
COMMISSIONER'S OFFICE, Tallahassee, 28th Nov. 1845.
To his Excellency, W. D. MOSELEY, Gov. of Florida.
SIR :-In the report I had the honor to communicate to your
Excellency on the 17th instant, two claims against the Fund, a-
mounting together 1o $417 26-100 were not included in the account
of outstanding liabilities, viz:
Of R. A. Shine, for $300, for paying basement rooms under con-
tract with former Commissioner.
Of Betton & Fisher, for $117 26-100, the amount of their bill for
materials furnished and advances made for work on Capitol grounds,
by order of the Commissioner, under instructions of the Governor,
in 1839.
These claims were overlooked in report of the 17th instant, in
consequence of the claim of Mr. Shine not having been entered on
the book of accounts ; the contract, however, of Mr. Shine is filed
in the office. The other bill has only recently been presented to me.
I should also observe that the amount due on contract of J. W.
Levinus, dated 1st Sept., 1843, should have interest from 15th No-
vember, 1844, as the act of the Legislative Council, under which
it was made, authorized the Commissioner to borrow money to pay
it, if there should be no other means available.
I have the honor to be, very respectfully, your obt. servant,
C. G. ENGLISH, Commissioner.
TALLAHASSEE, 29th November, 1845.
His Excellency W. D. MOSELEY, Gov'r of Florida:
Sir: Agreeably to the intimation given at a personal interview
some days since, I have the honor to tender my resignation of the
office of Commissioner.
Very respectfully, your ob't serv't,
(Signed) C. G. ENGLISH.
Which were read and postponed until the bill relating to the
Commissioner of the Tallahasse e Fund came up.
The following communication was received from the Treasurer
of the State:
TREASURY DEPARTMENT, Treasurer's Office, 3d Dec. 1845.
HON. J. A. BERTHELOT, President of the Senate:
SIR :-I have received in the Treasury the sum of twelve hun-










dred and sixty-four dollars and thirteen cents applicable to the pay-
ment of the debts of the State. A diversity of opinion exists in re-
gard to the payment of the warrants first issued by the Comptroller
andithe certificates issued by myself, the holders of the certificates
claiming that they are entitled to the priority of payment over the
warrants first issued by the Comptroller. Under these circumstan-
ces, I have thought it advisable to refer the matter to the General
Assembly, for their determination.
I think, the most equitable manner to dispose of this money would
be to pay a pro rata dividend to all the creditors of the State, whose
claims are of the same nature and date. However, your honorable
body are the judges of the matter.
Respectfully, your obedient servant,
BENJAMIN BYRD, State Treasurer.
Which was read, and on motion of Mr. Mays, Ordered, That
said communication be transmitted to the Attorney General, and
he be requested to instruct the Treasurer in relation to the matters
therein contained.
ORDERS OF THE DAY.
The engrossed bill to be entitled. An Act in relation to Garni-
shees and Garnishee Process, came up.
On the passage of the bill, the yeas and nays were:
Yeas-Messrs. Bell, Broward, Carter, Forward, Goodbread,
Haughton, Kain, Lorimer, Mays, McLean, Mitchell and Priest-12.
Nays-Mr. President, Messrs. Bellamy and Porter-3.
So the bill passed.
On motion of Mr. Haughton, the title of the bill was amended
by adding the following, and to repeal all former acts in relation
to Garnishments."
The engrossed bill to be entitled, An Act respecting Corpora-
tions, came up on a third reading.
Mr. Haughton moved as an engrossed rider to said bill, to strike
out the word State" in the eighth line of the fourth section, and
insert the word "County" in its place.
Which was adopted.
Mr. Carter moved as an engrossed rider to said bill, to strike out
the word "ten" in the second line of the fourth section, and insert
the word five" in its place.
Which was adopted.
On the passage of the bill as amended, the yeas and nays were:
Yeas-Mr. President, Messrs. Bellamy, Bell, Broward, Carter,
Forward, Goodbread, Haughton, Kain, Lorimer, Mays, McLean,
Mitchell, Porter and Priest-15.
Nays-None.
So the bill passed. Title as stated.
The engrossed bill to be entitled, An Act respecting the Proper-
ty of, and Debts due to Corporations that have been dissolved, and










of Debts owing by them. Was read a third time.
On the passage of the bill the yeas and nays were:
Yeas-Mr. President, Messrs. Bellamy, Bell, Broward, Carter,
Forward, Goodbread, Haughton, Kain, Lorimer, Mays, McLean,
Mitchell, Porter and Priest-15.
Nays-None.
So the bill passed. Title as stated.
The resolution relative to the pay of members only for the time
of actual service,
Was read a third time.
On the passage of the resolution, the yeas and nays were called
for by Messrs. Broward and Carter, and were:
Yeas-Messrs. Bellamy, Broward and Priest-3.
Nays-Mr. President, Messrs. Bell, Carter, Forward, Good-
bread, Haughton, Kain, Lorimer, Mays, McLean and Mitchell-11.
So the, resolution was rejected.
The House bill to be entitled, An Act to give effect to the Pro-
visions of the Constitution of this State respecting Corporations, &c.,
Came up on a second reading.
On motion of Mr. Forward, the Senate resolved itself into Com-
mittee of the Whole on said bill, Mr. McLean in the Chair; and
after some time spent therein, rose and reported the bill with amend-
ments;
Which were concurred in by the Senate, and the bill as amend-
ed ordered for a third reading.
The House bill to be entitled, An Act to change the name of
Samuel D. Smith
Also, the House bill to be entitled, An Act to change the name
of Susan Ann Vaughn ;
Were read a second time, and ordered for a third reading.
The engrossed bill to be entitled, An Act so to amend the Con-
stitution of this State as to extend the elective franchise to all free
white male inhabitants of and over the age of twenty-one years,
who shall have resided therein one year, and within the county or
election district in which they offer to vote, six months next prece-
ding the election, was read a third time.
Mr. Broward moved to postpone the bill indefinitely.
On which the yeas and nays were called for by Messrs. Haugh-
ton and Broward, and were:
Yeas-Messrs. Bellamy, Bell, Broward, Mitchell and Priest-5.
Nays-Mr. President, Messrs. Carter, Forward, Goodbread,
Haughton, Kain, Lorimer, Mays, McLean and Porter-10.
So the motion was loit.
On the passage of the bill, the yeas and nays were :
Yeas-Mr. President, Messrs. Carter, Forward, Goodbread,
Haughton, Lorimer, Mays, McLean, Mitchell, Porter & Priest-11.
- Nays-Messrs. Bellamy, Bell, Broward and Kain-4.
So the bill was rejected, the President deciding that a majority










of two-thirds of the whole Senate was requisite to pass a bill a-
mending the Constitution.
The House bill to be entitled, An Act in relation to the Com-
missioner of the Tallahassee Fund, came up on a second reading
with the amendments proposed by the committee on the state of the
Republic.
On motion of Mr. Kain, the Senate resolved itself into a Com-
mittee of the Whole on said bill, Mr. Haughton in the chair, and
after some time spent therein rose and reported the bill with amend-
ments.
Which amendments were concurred in by the House, and the
bill postponed until to-morrow.
The following message was transmitted to his Excellency, the
Governor:
SENATE CHAMBER, December 3d, 1845.
His Excellency, the Governor of Florida:
I herewith transmit, for the approval of your Excellency, a bill
to be entitled An Act in relation to administering oaths; passed by
both Houses of the General Assembly and signed by the officers
thereof. Your obt. servant,
THOS. F. KING, Sec'y Senate.
The Senate adjourned until to-morrow, 10 o'clock, A. M.

THURSDAY, December 4, 1845.
The Senate met pursuant to adjournment,, and a quorum being
present the proceedings of yesterday were read and approved.
Agreeably to previous notice, Mr. H-aughton introduced a bill to
be entitled, An Act to guard the purity of the elective franchise.
Which was read a first time and ordered for a second reading.
Agreeably to previous notice, Mr. Forward introduced a bill to
be entitled, An Act to amend the several acts in relation to the
limitations of actions, and for other purposes.
Which was read a first time and ordered for a second reading.
On motion of Mr. Haughton, the bill to be entitled, An Act so
amending the Constitution cf this State as to make the sessions of
the Legislature biennial instead of annual, was taken from the ta-
ble and made the special order for Tuesday next.
Mr. Forward, from the Committee on the Judiciary, to whom was
referred the bill to be entitled, An Act for the protection of the fish-
eries on the coast of Florida, reported the same without amendment.
Which was placed among the Orders of the Day.
ORDERS OF THE DAY.
The House bill to be entitled, An Act to give effect to the pro-
visions of the Constitution of this State respecting corporations and
associations claiming to exercise corporate privileges within this
State, came up as amended and was read a third time.
On the passage of the bill the yeas and nays were:










Yeas-Messrs. Bellamy, Bell, Broward, Carter, Forward, Good-
bread, Kain, Mays, McLean, Porter and Priest-11.
Nays-Mr. President, Messrs. Haughton, Lorimer & Mitchell-4.
So the bill passed.
The House bill to be entitled, An Act to change the name of
Samuel D. Smith, was read a third time.
On the passage of the bill the yeas and nays were:
Yeas-Mr. President, Messrs. Bellamy, Bell, Broward, Carter,
Forward, Goodbread, Haughton, Kain, Mays, McLean, Mitchell,
Porter and Priest-14.
Nays-Mr. Lorimer-1.
So the bill passed without amendment. Title as stated.
The House bill to be entitled, An -Act to change the name of
Susan Ann Vaughn, was read a third time.
On the passage of the bill the yeas and nays were:
Yeas-Mr. President, Messrs. Bellamy, Bell, Broward, Carter,
Forward, Goodbread, Haughton, Kain, Mays, McLean, Mitchell,
Porter and Priest--14.
Nays-Mr. Lorimer-1.
So the bill passed without amendment. Title as stated.
The resolution relative to the Commissioner of the Tallahassee
Fund, was read a second time, and on motion of Mr. Haughton,
the rule was waived, the resolution read a third time and adopted.
The House bill to be entitled, An Act relating to the Commis-
sioner of the Tallahassee Fund, came up on a second reading.,
Mr. Haughton offered the following amendment to be made the
sixth section of the bill:
Sec. 6. Be it further enacted, That one dollar and twenty-five
cents per acre shall be the minimum price of said lands, unless the
Governor, with a full knowledge of the facts, shall decide that the
interests of the State would be consulted by changing said mini-
mum.
Which was adopted.
The bill was then ordered for a third reading as amended.
The bill to be entitled, An Act for the protection of the fisheries
on the coast of Florida, came up on a second reading.
The Senate resolved itself into a Committee of the Whole on
said bill, Mr. Bell in the chair, and after some time spent therein
rose and reported the bill with amendments.
Which were concurred in by the House, and the bill ordered to
be engrossed for a third reading.
The following message was received from the House :
HousE OP REPRESENTATIVES, Dec. 4, 1845.
Hon. President of the Senate :
The House have appointed Messrs. Baldwin, Myers, Kelly, Rose
and Alexander, a committee on the part of the. House to act with
a similar committee on the part of the Senate to examine the










Comptroller's and Treasurer's office, and also the office of Secre-
tary of State. Your ob't serv't,
M. D. PAPY, Cl'k Ho. Rep's.
Which was read, and the Committee on Public Accounts in-
structed to act with said committee on the part of the House.
The Senate adjourned until to-morrow 10 o'clock A. M.

FRIDAY, December 5, 1845.
The Senate met pursuant to adjournment, and a quorum being
present the proceedings of yesterday were read and approved.
Agreeably to previous notice, Mr. Haughton introduced a bill to
be entitled, An Act to organize a Board of Internal Improvement
for this State, and to prescribe their powers and duties;
Which was read the first time, and 75 copies ordered to be printed,
Mr. Kain presented a petition from the City Council of Apala-
chicola, praying an alteration of the Revenue Law ;
Which was read, and referred to the Committee on Petitions.
Mr. Broward, from the Committee on the State. of the Republic,
to whom was referred the bill to be entitled, An Act for the relief
of the Poor and Destitute, and to guard against the accumulation of
Pauperism, reported the same without amendment;
Which was placed among the Orders of the Day.
Mr. Bellamy, from the Committee on Finance and Banks, to
whom was referred the bill to be entitled, An Act in addition to an
act to raise a Revenue for the State.of Florida, and defining the
duties of the Assessors and Collectors thereof, reported the same
without amendment;
Which was placed among the Orders of the Day.
Mr. Forward, from the Committee on the Judiciary, to whom was
referred the bill to be entitled, An Act to solemnize the rites of
Matrimony, reported the same with a substitute;
Which were placed among the Orders of the Day.
The following Senate bills and resolutions were returned from
the House, passed without amendment:
A bill to be entitled, An Act to amend an act entitled an act to
organize the Circuit Courts of the State ;
A bill to be entitled, An Act prescribing the form of a Digest or
Manual of the Laws of this State;
Preamble and Resolution in relation to the Everglades of Florida;
Resolution to go into the election of Judges of the Eastern and
Southern Circuits on Saturday next.
The following bills and resolutions were received from the House
and placed among the Orders of the Day :
A bill to be entitled, An Act for the protection of logs and lum-
ber upon the rivers and water courses of this State.
A bill to be entitled, An Act for the incorporation of all such
Churches and religious societies as may accept thereof.










Preamble and Resolution relative to the establishment of a Post
office at Miami in Dade county.
Preamble and Resolution relative to the establishment of a light-
house at Key Biscayne, Cape Florida.
ORDERS OF THE DAY.
The engrossed bill to be entitled, An Act for the protection of
the fisheries on the coast of Florida, was read a third time.
On the passage of the bill the yeas and nays were:
Yeas-Mr. President, Messrs. Bellamy, Bell, Broward, Carter,
Forward, Goodbread, Haughton, Kain, Lorimer, Mays, -McLean,
Mitchell, Porter and Priest-15.
Nays-None.
So the bill passed. Title as stated.
The House bill to be entitled, An Act relating to the Commis-
sioner of the Tallahassee Fund, came up on a third reading as a-
mended.
On the passage of the bill, the yeas and nays were:
Yeas-Mr. President, Messrs. Bellamy, Bell, Broward, Carter,
Goodbread, Haughton, Kain, Lorimer, McLean, Mitchell, Porter
and Priest-13.
Nays-Mr. Mays-1.
So the bill passed as amended. Title as stated.
The bill to be entitled, An Act to guard the purity of the Elec-
tive Franchise,
Came up on a second reading;
On motion of Mr. Haughton, the Senate resolved itself into a
Committee of the Whole on said bill, Mr. Kain in the Chair, and
after some time spent therein, rose and reported the bill by their
Chairman, with amendments;
Which were concurred in by the House, and the bill postponed
until to-morrow.
The bill to be entitled, An Act to solemnize the rites of Matri-
mony, came up on a second reading, with the substitute reported
by the Committee on the Judiciary;
Which substitute was adopted, and read a second time.
Mr. Haughton moved to waive the rule, and read the bill a third
time.
On which motion the yeas and nays were called for by Messrs.
Porter and Kain, and were:
Yeas-Messrs. Carter, Forward, Goodbread, Haughton and Mc-
Lean-5.
Nays-Mr. President, Messrs. Bellamy, Bell, Broward, Kain,
Lorimer, Mays, Mitchell, Porter and Priest-10.
So the motion was lost.
The bill was then ordered to be engrossed for a third reading.
The bill to be entitled, An Act in addition to an act to raise a
Revenue for the State of Florida, and defining the duties of the As-
10










dessors and Collectors thereof, came up on a second reading, and
was postponed until Monday next.
The bill to be entitled, An Act for the Relief of the Poor and
Destitute, and to guard against the accumulation of Pauperism,
Was read a second time, and ordered to be engrossed for a third
reading.
The bill to be entitled, An Act to amend the several acts in re.
lation to the limitation of actions, and for other purposes,
Came up on a second reading, and was referred to the Commit-
tee on the Judiciary.
The following bills and resolutions from the House were read a
first time, and ordered for a second reading :
A bill to be entitled, An Act for the protection of logs and lum-
ber upon the rivers and water courses of this State ;
A bill to be entitled, An Act for the Incorporation of all such
Churches and Religious Societies as may accept thereof;
Preamble and Resolutions relative to the establishment of a Post
Office at Miami, in Dade county.
The preamble and resolution relative to the establishment of a
Light House at Key Biscayne, Cape Florida, was read a first time.
The President moved to waive the rule, and read the preamble
and resolution a second time,
Which motion was lost.
The preamble and resolution was then ordered for a second
reading on to-morrow.
Mr. Bell moved to waive the rule, in order to allow him to
make a motion to re-consider the vote of the 3d December last, on
the passage of the bill to alter the Constitution in regard to the
time of residence of voters;
Which motion prevailed.
On the motion to re-consider said vote, the yeas and nays were
called for by Messrs. Kain and Mays, and were:
Yeas-Mr. President, Messrs. Bell, Carter, Forward, Good-
bread, Haughton, Lorimer, Mays, McLean, Porter and Priest-11.
Nays-Messrs. Broward, Kain and Mitchell-3.
So the vote was re-considered.
On motion of Mr. Haughton, the bill was then made the special
Order of the Day on Tuesday next.
The following message was received from his Excellency the
Governor: EXECUTIVE OFFICE,
Capitol, Tallahassee, Dec. 3, 1845.
Gentlemen of the Senate
and House of Representatives:
I have approved an act entitled, An Act in relation to admin-
istering Oaths."
I have the honor to be, very respectfully, your ob't serv't,
W. D. MOSELEY.
The Senate adjourned until to-morrow, 10 o'clock, A. M.










SATURDAY, December 6, 1845.
The Senate met pursuant to adjournment, and a quorum being
present, the proceedings of yesterday-were read and approved,
Mr. Forward gave notice that he will, at an early day, ask leave
to introduce a bill to be entitled, An Act in addition to an act regu-
lating Judicial Proceedings.
A bill was received from the House to be entitled, An Act to
authorize the sale of the Equity of Redemption to mortgaged proper-
ty, and for other-purposes ; V.
Which was placed among the Orders of the Day.
The following message was received from His Excellency the
Governor:
EXECUTIVE OFFICE,
Capitol, Tallahasseei Dec 5th, 1845.
Gentlemen of the Senate
and House of Representatives :
I have approved the following acts, to wit:
An Act to change the name of Susan Ann Vaughn;
An Act to change the name of Samuel D. Smith.
I have the honor to be, your obedient servant,
W. D. MOSELEY.
Also the following: EXECUTIVE OFFICE,
Capitol, Tallahassee, December 6, 1845.
Gentlemen of the Senate
and House of Representatives :
I respectfully recommend the following persons, as Judggs of
Probate, for the Counties respectively in which they reside, to wit:
For the County of Nassau-James T. O'Neill.
For the County of Hillsborough-Simon Firmon.
For the County of Gadsden-Jas. M. Gilchrist.
For the County of Monroe-Benjamin Sawyer.
For the County of Hamilton-W. E. W. Cousins.
For the County of Calhoun-Raphael J. Moses.
I have the honor to be, ,
Very respectfully, your obedient servant,
W. D. MOSELEY.
Which nominations were advised and consented to by the Senate.
ORDERS OF THE DAY.
Engrossed bill to be entitled, An Act for the Relief of the Poor
and Destitute, and to guard against the accumulation of Pauperism,
came up.
On the passage ofthe bill, the yeas and nays were :
Yeas-Mr. President, Messrs. Bell, Broward, Carter, Forward,
Bellamy, Kain, Lorimer, Mays, McLean, Mitchell, Porter and Priest
-13.
Nays-Mr. Goodbread-1.
So the bill passed. Title as stated.










The bill to be entitled, An Act to guard the purity of the Elective
Franchise,
Was read a second time, and ordered to be engrossed for a third
reading.
The engrossed bill to be entitled, An Act to solemnize the rites
of Matrimony, came up.
On the passsge of the bill, the yeas and nays were :
Yeas-Mr. President, Messrs. Bellamy, Broward, Carter, For-
ward, Goodbread, Haughton, Kain, Lorimer, Mays, McLean, Mitch-
ell and Priest-13.
Nays-Mr. Bell-1.
So the bill passed.
Mr. Kain moved to amend the title of the bill so as to read, An
.Act to regulate the issuing of Marriage Licenses, and the solemni-
zation of the Matrimonial Contract;
Which was adopted.
The following bill and resolutions from the House, were read a
second time, and ordered for a third reading.
A bill to be entitled, An Act for the protection of logs and lum-
ber upon the rivers and water courses of this State.
Preamble and resolution relative to the establishment of a Post
Office at Miami in Dade County.
Preamble and Resolution relative to the establishment of a Light
House at Key Biscayne, Cape Florida.
The bill from the House to be entitled An Act for the incorpo-
ration of all such Churches and religious societies as may accept
thereof,
Was read a second time and referred to the Committee on the
Judiciary.
The bill from the House to be entitled An Act to authorize the
sale of the Equity of Redemption to mortgaged property and for
other purposes,
Was read a first time and ordered for a second reading.
The orders of the day having been gone through with, the Sen-
ate took a recess until 12 o'clock, M.
At 12 o'clock M., a call of the House was ordered, and the fol-
lowing Senators answered to their names:
Mr. President, Messrs. Bellamy, Bell, Broward, Carter, Good-
bread, Haughton, Kain, Mitchell and Priest-10.
The Sergeant at arms was then sent for absent members.
A Committee consisting of Messrs. Haughton, Kain, and Lori-
mer was then appointed to inform the House that according to pre-
vious arrangement between the two Houses, the Senate was ready
to proceed to the election of Judges of the Eastern and Southern
Circuits.
The Committee retired and after a short time reported, that they
had performed the duty assigned them.
A Committee from the House consisting of Messrs. Kelly, Bald.











win and Tweed, informed the Senate that the House was ready to
proceed in said elections.
On motion of Mr. Mays the Senate proceeded to the election of
Judge of the Eastern Circuit.
Messrs. Mitchell, McLean, and Goodbread were appointed a
committee to inform the House of nominations, and the proceedings
of the Senate in said elections.
Mr. Broward then nominated Thos. Douglass for Judge of the
Eastern Circuit.
The Committee of the House informed the Senate of the nom-
ination of Thos. Douglass and Gregory Yale in the House for
Judge of the Eastern Circuit.
The following was the result of the first voting in the Senate.
For Tnos. DouGLAss-Mr. President, Messrs Bellamy, Bell, Broward, Car-
ter, Goodbroad, Haughton, Kain, Lorimer, Mays, McLean, Mitchell, Porter
and Priest-14.
For GREGORY YALE-None.
Result in the House reported by the committee of the House:
For THos. DOUGLAS-25. For GREGORY YALE-11.
Mr. Douglass having received a majority of each House, the
President declared him duly elected Judge of the Eastern Circuit.
A Committee consisting of Messrs. Haughton, McLean, and
Carter, was appointed to inform the House that the Senate was
ready to proceed to the election of Judge of the Southern Circuit,
Who retired, and after a short time, reported they had performed
that duty.
Mr. Kain then nominated Win. A. Forward for Judge of the
Southern Circuit.
The Committee of the House informed the Senate of the nom-
ination of Isaac Ferguson, Leslie A. Thompson and Jos. B. Lan-
caster in the House, for Judge of the Southern Circuit.
Mr. Haughton then nominated Leslie A. Thompson.
The following was the result of the first voting in the Senate :
For FORWARD-Messrs. Broward, Carter, Kain, Lorimer, Mays & Priest-6.
For THo31PSON-Mr. President, Messrs. Haughton, McLean & Mitchell-4.
For FERGUsoN-Messrs. Bell, Goodbread and Porter-3.
Blank-Mr. Bellamy-1.
Result in the House on the first voting:
For FERGusON, 15. FORWARD, 5. THO.MPsoN, 11. LANCESTER, 1. Blank, 4.
So there was no election.
The Committee of the House informed the Senate that the name
of Jos. B. Lancaster was withdrawn,
Result of the second voting in the Senate:
For FORWARD-Messrs. Bellamy, Broward, Carter, Kain, Lorimer, Mays &
Priest-7.
For THeoMPsoN-Mr. President, Messrs. Bell, IIaughton, McLean and Mitch-
ell-5.
For FERGUSON-Messrs. Goodbread and Porter-2.
Result in the House of the second voting:
For Ferguson, 15. Forward, 5. Thompson, 12. Blank, 4.
So there was no election.










Result of the third voting in the Senate :
For FORWARD-Mr. President, Messrs. Bellamy, Bell, Broward, Carter,
Goodbread, Kain, Lorimer, Mays and Priest-10.
For THOMPsON-Messrs. Haughton, McLean and Mitchell-3.
For FERGUSON-Mr. Porter-i.
Result in the House of the third voting :
For Forward, 5. Ferguson, 15. Thompson, 12. Blank, 3.
So there was no election.
Result of the fourth voting in the Senate :
For FoRWARD-Mr. President, ;Messrs. Bellamy, Broward, Carter, Good-
break, Kain, Mays and Priest-8.
For THOMPSON-Messrs. Haughton, Lorimer, McLean and Mitchell---4.
For FEk USON-Mr. Porter-1.
Result of the fourth voting in the House :
For Ferguson, 15. Forward, 5. Thompson, 13. Blank, 3.
So there was no election.
Mr. Haughton then moved that if there was no election on the
next voting, the election be suspended until Tuesday next.
Which motion prevailed.
Result of the fifth voting in the Senate:
For FORWARD-Mr. President, Messrs. Bellamy, Broward, Carter, Good-
bread, Kain, Lorimer, Mays and Priest-9.
For Ferguson-Mr, Porter-1.
For THOMPsON-Messrs. Haughton, McLean and Mitclhell-3.
BLANK-1.
Result of the fifth voting in the House:
For Ferguson 14 Forward 6 Thompson 13 Blank 2
So there was no election.
The Committee of the House informed the Senate that Benja-
min A. Putnam was put in nomination in the House.
The Committee then informed the House that the Senate had
determined to suspend the election until Tuesday next.
The Committee of the House informed the Senate that the House
had refused to concur in the suspension.
On the question being put, the Senate adhered to its determina-
tion to suspend the election.
On motion of Mr. Kain, a Committee consisting of Messrs.
Haughton, McLean and Carter, was appointed to inform the House
that the Senate were about to adjourn ;
Who retired, and after a short time reported that they had per-
formed that duty.
On motion of Mr. Haughton, the Senate then adjourned until
Monday, 10 o'clock A. M.

MONDAY, December 8, 1845.
The Senate met pursuant to adjournment, and a quorum being
present the proceedings of Saturday were read and approved.
Mr. Mays took the chair and stated to the Senate that he had
received a communication from the President to the effect that he
was unable, from illness, to attend in the Senate, and requesting










Mr. Mays to act in his place. Mr. Mays accordingly presided.
Mr. Forward offered the following Preamble and Resolution:
Preamble and resolution relative to the continuation of the mail route
from New Smyrna in Orange county to Indian River Inlet in St.
Lucie county.
WHEREAS, the citizens of St. Lucie county, in the State of Flo-
rida, are entirely without mail facilities, the nearest post office be-
ing at New Smyrna, situate on the sea-board, distant about one
hundred and thirty miles North : And whereas, no communications
are received by any of the settlers, except through the Post office
at New Smyrna, to which place they are obliged to send exclusive-
ly for their letters and papers-is a great draw-back upon the plan-
ters and others, and greatly retards the prosperity and settlement of
the county : And whereas, the mail can be transported, from New
Smyrna to St. Lucie by water, in an inland passage, once a fort-
night, in a row-boat, at a very small expense : therefore,
Be it resolved by the Senate and House of Representatives of the
State of Florida, in General Assembly convened, That the Senators
from this State in the Congress of the United States be instructed,
and the Representative requested to procure, if possible, the estab-
lishment of a post office at Indian River Inlet, and the transporta-
tion of the mail from said New Smyrna to it; and that a copy of
this preamble and resolution be transmitted by his Excellency, the
Governor, to our Senators and Representative in Congress.
Which was read the first time and ordered for a second reading.
Mr. Forward from the Judiciary Committe made the following
report:
The Judiciary Committee, to whom was referred An Act in ad-
dition to an act concerning wills, letters testamentary, letters of ad-
ministration, and the duties of executors, administrators and guar-
dians," have had the same under consideration, and instructed me
to report the bill back with a substitute.
W. A. FORWARD, Chairman.
Which bill and substitute were placed among the Orders of the
Day.
Mr. Carter from the select committee on the petition of Samuel
Worthington, made the following report:
The Select Committee to whom was referred the petition of Sam-
uel Worthington have had that matter under consideration, and
ask leave to REPORT :
That said petitioner is a citizen of Florida and resided in Colum-
bia county at or near the Santafee river, at the commencement of
the Seminole war. That he, with his neighbors, were driven togeth-
gether by the dangers which surrounded them, where they organized
themselves into a company, erected a fort, and put their families,
into it, for protection. That said petitioner was the captain of said
company, and states that they performed important service, and in,










the same manner as was performed by companies organized by au-
thority. That the services of his company have not been recog-
nized by the authorities of Florida or the government of the United
States-nor have they been paid for said service, though re-
peatedly demanded. That proofs of such service have been made
and submitted to Congress, and that the recognition of his claim
has been hitherto refused, from the fact that the service was not
ordered by the Governor, nor officially recognized by the Territory
or State of Florida.
The committee are not informed as to the exact time of com-
mencement of this service, nor the amount of pay claimed, and are,
therefore, unprepared to determine upon the amount to which the
petitioner and his company are entitled.
The committee would,however, remark that they cannot justify a
refusal, on the part of the Government, to recognize the claims of its
citizens for military services, upon no other ground than that of an
informal organization especially where prompt and immediate
action was so strongly demanded and so fully justified by the cir-
cumstances then existing. The country was defenceless-the
military force inadequate to the emergency. The Indians ad-
vancing upon the settlements-families driven from their homes,
who sought safety as they best could-their houses burned-their
property destroyed, and the lives of many sacrificed before protec-
tion was afforded by the General Government. They assembled
on the frontier, erected Forts for the protection of their families,
and organized themselves into companies-as did the petitioner and
his neighbours-then all were alike, self constituted. Yet many
companies so organized have been recognized, and paid, while the
petitioner and his company have been rejected. This view of the
case, to the minds of the committee, seems unjust.
The committee are of opinion, that if any claim upon the Gov-
ernment is entitled to its favorable consideration, it is that of the
patriotic citizen, who abandoned his domestic pursuits-promptly
come forward in the hour of danger-submits to the fatigues and
discipline of the soldier, in defence of his country, whose guaranty
he has, for the protection of his life, liberty, and property.
The committee in conclusion submit the following resolutions,
recommend their adoption, and ask to be discharged from further
consideration of the subject. J. CARTER, Ch'n.
Resolved by the Senate and House of Representatives of the State
of Florida, in General Assembly convened, That our Senators in
Congress be instructed, and our Representative requested, to exam-
ine into the claim of Captain Samuel Worthington's company of
Florida volunteers, for services rendered at the commencement of
the Seminole war, and to use their best efforts to procure for them,
such compensation as may be equitable and just.
Resolved, That as soon as these resolutions shall have passed
both Houses of the General Assembly, and approved by. the Gov-










ernor, copies properly certified, be forwarded to our Senators and
Representative in Congress--to the executive and war departments
at Washington.
Which report was concurred in, and the resolution read a first
time and ordered for a second reading.
Mr. Carter, from the Joint Select Committee on Militia claims,
made the following report:
The Joint Select Committee to whom was referred the testimony
relative to the Militia duty performed by Captains Price, Suarez
and Bush, in Duval county, in the year, 1838, have had the same
under consideration, and ask leave to
REPORT:
That it appears from the testimony of a respectable portion of the
citizens of that part of the country, that in the years, 1837, and
1838, the counties of Duval and Nassau, required protection from
their exposed situation, but were left without United States troops
for defence. The Indians were committing depredations on the
settlements without check, and massacre and plunder were of fre-
quent occurrence. That in this emergency, the companies of mount-
ed Militia, commanded by Captains Price, Suarez and Bush, were
called into service, in Duval county, in the year, 1838, under the
order of Col. John Warren, under the authority of an act of the
Legislative Council of Florida, passed in the year, 1833,, and that
said companies performed efficient and necessary service, in the
protection of the frontier, in the year, 1838. The committee are of
opinion that those companies are entitled to pay from the United
States Government. Therefore, the committee in conclusion, sub-
mit the following resolutions, recommend their adoption, and ask
to be discharged from the subject. J. CARTER,
Chairman on part of the Senate.
Be it resolved by the Senate and House of Representatives of the
State of Florida, in General Assembly convened, That the Execu-
tive of the State request, and urge the payment of the companies of
Captains Price, Suarez and Bush, by the General Government, for
services rendered in the year, 1838.
Be it further resolved, That our Senators and Representative in
Congress be requested to use all proper exertions to procure the
necessary appropriation by Congress for that purpose.
Which report was concurred in and the resolution read a first
time and ordered for a second reading.
Mr. McLean, from the Select Committee on the petition of Wm.
C. McCallum, made the following report:
The Select Committee to whom was referred, the petition of the
citizens of Whlton county, praying that William C. McCallum might
be permitted to sell goods, wares and merchandise, in this State,
free of tax, respectfully REPORT:
That they have had the same under consideration, and are of
opinion that the prayer asked for in the petition, is a reasonable
11











one, inasmuch as it appears to the satisfaction of your committee,
by the petition of the citizens of Walton county, and other persons
of high respectability, that said McCallum is a man of unblemished
moral character, who served in the Military service of the United
States, during the campaign, against the Indians in West Florida,
in 1837, and from fatigue and exposure while in said campaign,
contracted a disease which renders him a cripple for life, and is un-
able to move without crutches, consequently is unable to perform
any labour for his living, and that all his pecuniary effects were
long since exhausted in procuring medical aid to very little, effect.
Your committee, therefore, respectfully recommend the passage
of the accompanying bill, entitled An Act for the relief of William
C. McCallum. Respectfully submitted.
D. G. McLEAN, Chairman.
Which report was concurred in and the bill read a first time and
ordered for a second reading.
Mr. Kain moved to reconsider the vote [of Saturday by which
the election of Judge of the Southern Circuit was postponed until
Tuesday next.
On which motion the yeas and nays were called for by Messrs.
Haughton and Carter, and were :
Yeas-Messrs. Bell, Broward, Kain, Mays, Porter and Priest-6.
Nays-Messrs. Carter, Goodbread, Haughton, McLean and
Mitchell-5.
So the motion prevailed.
A committee of the House informed the Senate that the House-
was ready to proceed to the election of Judge of the Southern Circuit.
On motion of Mr. Kain, the committee of the Senate informed
the House that the Senate was ready to proceed to said election.
Result of the sixth voting in the Senate :
For FORWARD-Messrs. Broward, Carter, Gooodbread, Mays, Porter and
Priest-6.
For THOMPsoN-Messrs. Haughton, McLean and Mitchell-3.
For FERGUSON-Mr. Kain-1.
Blank-Messrs. Bellamy and Bell-2.
Result of the sixth voting in the House:
For Ferguson, 17. Forward, 4. Thompson, 5. Putnam, 9. Blank 1.
So there was no election.
The committee of the House informed-the Senate that the name
of Leslie A. Thompson was withdrawn in the House.
Mr. Haughton then withdrew the name of Leslie A. Thompson,
and nominated Benjamin A. Putnam.
Result of the seventh voting in the Senate :
For FORWARD-Messrs. Broward, Carter, Goodbread, Kain and Mays-5.
For FERGUSON-Mr. Porter-1.
For PUTNAi-Messrs. Haughton, McLean and Mitchell-3.
BLANK-Messrs. Bellamy and Belt-2.
Result of the seventh voting in the House:
For Ferguson 16 Forward 7 Putnam 10 Blank 1.
So there was no election.









83

Result of the eighth voting in the Senate:
For FORWARD-Messrs. Broward, Cirter, Kain, Mays and Priest-5.
For FERGusoN-Mr. Porter-1.
For PUTNAM-Messrs. Haughton, McLean and Mitchell-3.
BLANK-Messrs. Bellamy, Bell and Goodbread-3.
Result of the eighth voting in the House:
For Ferguson 13 Forward 8 Putnam 10 Blank 2
So there was no election.
Result of the ninth voting in the Senate:
For FORWARD--Messrs. Broward, Carter, Kain, Mays and.Priest-5.
For FERGUSON-Mr, Porter-1.
For PUTNAM--Messrs. Haughton, McLean and Mitchell-3.i
BLANK-Messrs. Bellamy and Goodbread-v-2.
Result in the House of the ninth voting:
For Ferguson 15 Forward 7 Putnam 10 Blank 1
So there was no election.
Mr. Kain then withdrew the name of W. A. forward, and nom-
inated A. L. Woodward.
Result of the tenth voting in the Senate:
For FORWAnD-Messrs. Goodbread and Porter-2.
For WoonwARD-Messrs. Carter, Forward, Kain and Mays-4.
For PUTNAM-Messrs. Haughton, Lorimer, McLean and Mitchell-4. "
BLANK-Messrs. Bellamy, Bell, Broward and Priest--4.
Result of tenth voting in the House:
For Ferguson 13 Putnam 9 Woodward 8 Blank 4
So there was no election.
The Committee of the House informed the Senate that Samuel
W. Carmack and A. L. Woodward were nominated in the House.
Result of the eleventh voting in the Senate:
For FERGUSON-Mr. Porter-1.
For WOODWARD-Messrs. Broward, Carter, Forward, Goodbread, Kain and
Priest- 6.
For PUTNAM-Messrs. Haughton, Lorimer, McLean and Mitchell-4.
BLANK-Mr. Bell-1.
Result of the eleventh voting in the House:
For Ferguson 13 Putnam 2 Woodward 7 Carmack 10 Blank 1
Mr. Haughton withdrew-the name of Benjamin A. Putnam, and
nominated Samuel W. Carmack.
Result in the Senate on the. twelfth voting:
For FERGUSON-Messrs. Bellamy, Bell, Goodbread and Porter-4.
For WOODWARD-Messrs. Broward, Carter, Forward, Kain, Mays and Priest
-6.
For CARMACK-Messrs. Haughton, Lorimer, McLean and Mitchell-4.
Result of the twelfth voting in the House:
For Ferguson 14 Woodward 10 Carmack 6 Putnam 3 Blank 2
So there was no election.
Mr. Kain then withdrew the name of A. L. Woodward, and
nominated again William A. Forward.
The Committee of the House informed the Senate that Benj. D.
Wright, John Coleman, and William R. Hackley, were nominated
in the House.
Result of the thirteenth voting in the Senate:









84

For FERausoN-Messrs. Bellainy and Goodbread-2.
For WRIGHT-Mr. Mitchell-1.
For COLEMAN-Messrs. Mays and Porter-2.
For FORWARD-Messrs. Broward, Carter, Kain and Priest-4.
For CARMACK-Messrs. Bell, Haughton, Lorimer and McLean-4.
Result of the thirteenth voting in the House :
For Ferguson 11 Forward 5 Wright 6 Coleman 6 Hackley 2 Blank 1
So there was no election.
The Committee of the House informed the Senate that the
names of Messrs. Wright and Hackley were withdrawn in the
House, and Chandler C. Yonge and Jos. B. Lancaster nominated.
Mr. Carter moved to postpone the election indefinitely.
On which motion the yeas and nays were called for by Messrs.
Carter and Goodbread, and were:
Yeas-Messrs. Bellamy, Broward, Carter, Goodbread, Haugh-
ton, Lorimer, Mays and McLean-8.
Nays-Messrs. Bell, Kain, Mitchell, Porter and Priest-5.
So the motion prevailed.
The committee of the Senate informed the House of that fact.
The committee of the House informed the Senate that the
Houserefused to concur in the indefinite postponement of the election.
Result in the Senate on the fourteenth voting :
For FRGousON-Messrs. Goodbread and Mitchell-2.
For FORWARD-M essrs. Broward, Carter and Prie 3t-3.
For CARMAcK-Messrs. Bellamy and Bell-2.
For COLrMAN-Messrs. Haughton, Kain, Lorimer, Mays and McLean-5-6.
For YONGE-Mr. Porter-1.
Result in the House on the fourteenth voting.
For Ferguson 11. Forward 5. Coleman 2. Yonge 5. Lancaster 4. Blank 4.
So there was no election.
Result of the fifteenth voting in the Senate:
For FERGUSON-Messrs. Mitchell and Porter-2.
For FORWARD-Messrs. Bellamy, Broward, Carter, Goodbread, Kain & Priest 6.
For COLEMAN-Messrs. Haughton, Lorimer, Mays and McLean--4.
Blank-Mr. Bell-I.
Result of the fifteenth voting in the House:
For Ferguson 12. Forward 2. Coleman 12. Yonge 2. Blank 2.
The committee of the House informed the Senate that the names
'of Messrs. Yonge and Forward were withdrawn in the House, and
that L. W. Smith was nominated.
Result of the sixteenth voting in the Senate:
For FERoCSON-Messrs. Goodbread, Lorimer and Mitchell-3.
For FORWARD-Messrs. Bellamy, Broward, Carter, Kain, Porter & Priest-6
For COLEMAN-Messrs. Haughton, Mays and McLean-3.
Blank-Mr. Bell-1.
Result in the House of the sixteenth voting:
For Ferguson, 10. Coleman, 17. Smith, 2. Lancaster, 1. Blank, 2.
So there was no election.
The Committee of the House informed the Senate that the names
of Messrs. Ferguson, Smith and Lancaster, were withdrawn in the
House, and Sampson H. Butler nominated.
Mr. Kain withdrew the name of Mr. Forward.










Mr. Porter nominated Raphael J. Moses.
The Committee of the House informed the Senate that the name
of Sampson H. Butler was withdrawn in the House, and L. A.
Thompson and C. C. Yonge were nominated.
Mr. Haughton .moved that said election be postponed until
Thursday next.
Which motion prevailed.
The Committee of the Senate informed the House of that fact,
and asked their concurrence.
The Committee of the House informed the Senate that the.
House had agreed to postpone said election until Thursday next.
On motion of Mr. Carter, the Senate took a recess until 3 o'clock
P. M.
3 O'CLOCK, P. M.
ORDERS OF THE DAY.
The bill to be entitled, An Act in addition to an act to raise a.rev-
enue for the State of Florida and defining the duties -of the asses-
sors and collectors thereof, came up on a second reading and on
motion of Mr. Carter was postponed until to-morrow.
Engrossed bill to be entitled, An Act' to guard the purity' of the
elective franchise, came up.
On the passage of the bill the yeas and nays were :'
Yeas-Messrs. Broward, Forward, -Haughton, Kain, McLean
and Mitchell-6.
Nays-Messrs. Bellamy, Bell, Carter, Goodbread, Mays, Porter
and Priest-7.
So the bill was rejected.
The House Preamble and Resolution relative to the establish-
ment of a light-house at Key Biscayne, Cape Florida, came up on
a third reading.
On motion of Mr. Kain, the rule was waived and the bill refer-
red to the Committee on the state of the Republic. '
The House Preamble and Resolution relative to the establish-
mfnt of a post-office at Miami, in Dade county, was read a third
time and passed unanimously without amendment.
The House bill to be entitled, An Act for the protection of logs
and lumber upon the rivers and water courses of this State, came
up on a third reading.
On the passage of the bill the yeas and nays were:
Yeas-Messrs. Bellamy, Bell,' Broward, Forward, Goodbread,
Haughton, Lorimer, Mays, McLean,Mitchell, Priest and White-12
Nays-Messrs. Carter, Kain and Porter-3.
So the bill passed without amendment. Title as stated.
The House bill to be entitled, An Act to authorize the sale of
the equity of redemption to mortgaged property, and for other pur-
poses, was read a second time and referred to the Committee on
the Judiciary.
The bill to be entitled, An Act to organize a Board of Internal











Improvement for this State, and to prescribe their powers and du-
tics, came up on a second reading and on motion of Mr. Haughton
was laid on the table.
The bill to be entitled, An Act in addition to an act concerning
wills, letters testamentary, letters of administration, and the duties
of executors, administrators and guardians, came up on a second
reading with the substitute reported by the Committee on the Ju-
diciary.
Which substitute was adopted, placed on its second reading, and
on motion of Mr. Mays, postponed until to-morrow.
The Senate adjourned until to-morrow, 10 o'clock, A. M.

TUESDAY4 December 9, 1845.
The Senate met pursuant to adjournment, and the President be-
ing absent-from illness, on motion of Mr. Mays, Mr. Haughton was
called to the Chair.
The journal of yesterday's proceedings was then read, amended
and approved.
Mr. Broward, from the Committee on the State of the Republic,
to whom was referred the preamble arid resolution relative to the
establishment of a Light House at Key Biscayne, Cape Florida,
reported the same without amendment;
Which was placed among tne Orders of the Day.
ORDERS OF THE DAY.
The bill to be entitled, An Act so amending the Constitution of
this State as to make the sessions of the Legislature biennial in-
stead of annual;
Also, the bill altering the Constitution, so as to require but one
year's residence for voters, made the special order for to-day, came
up, and
On motion of Mr. Carter, were postponed until to-morrow.
The bill to be entitled, An Act for the relief of Wim. McCallum,
came up on a first reading, and
Was postponed until to-morrow.
The bill to be entitled, An Act in addition to an act to raise a
Revenue for the State of Florida, and defining the duties of the
Assessors and Collectors thereof, came up,
Was read a second time, and ordered to be engrossed for a third
reading,
The resolutions relative to Militia Claims,
Were read a. second time, and ordered to be engrossed for a third
reading.
The resolution relative to the claim of Samuel Worthington,
Was read a-second time, and ordered to be engrossed for a third
reading.
The preamble and resolution relative to the continuation of the










mail route from New Smyrna in Orange county, to Indian River
Inlet, in St. Lucie county,
Was read a second, time, and ordered to be engrossed for a third
reading.
Mr. White, from the Committee on enrolled bills, reported as
correctly enrolled, An Act prescribing the form of a Digest, or
Manual of the Laws of this State;
Also, An Act tosamend an act entitled an act-to organize the
Circuit Courts of the State of Florida ;
Also, a preamble and resolution in relation to the E.verglades of
Florida.
The preamble and resolution relative to the establishment of a
Light House at Key Biscayne, Cape Florida,
Came up on a third reading.
Mr. Wall moved to amend the preamble and resolution by insert-
ing as an engrossed rider, after the word Florida," in the ninth
line of the preamble, the words, "or some other point in that vi-'
cinity," and also by inserting the same after the, word Florida," in
the seventh line of the resolution.
Which amendments were adapted, and the preamble and resolution
as amended, ordered for a third reading.
The bill to be entitled, An Act to define more satisfactorily the
duties and powers of Courts of Probate in the State of Florida, and
to amend the several acts concerning.Wills, Letters Testamentary,
Letters of Administration, and the duties of Executors, Administra-
tors and Guardians,
Came up on a second reading.
On motion of Mr. Mays, the Senate resolved itself. into a Com-
mittee of the Whole on said bill, Mr. Kain in the Chair, and after
some time spent therein, rose and reported the bill by their Chair-
man, without amendmentf'-
On motion of Mr. Kain, the bill was referred to the Committee-
on Enrolled bills, with instruction to correct verbal errors, and.
have seventy-five copies printed.
The House returned the Senate bill to be entitled, An Act in re-
lation to Garnishees and Garnishee Process, and to repeal-all for.
mer acts in relation to Garnishments;
Rejected by the House.
The following bills were received from the House, read a first
time, and ordered for a second reading.
A bill to be entitled, An Act to establish Boards of Wardens for
the several ports of Entry in this State ;
A bill to be entitled, An Act to establish rates of Dockage, Wharf-
age and Storage, in the Town of Jacksonville.
Agreeably to leave given, when the report of Standing Commit-
tees were in order, Mr. Carter, from the Committee on Census and
Apportionment, made the following report:
The Committee on Census -and Apportionment, have had that










subject under consideration, and ask leave to Report a bill to be
entitled, An Act to apportion the Representation of this State.
J. CAR ER, Chairmain.
We dissent to the bill,
R. A. MITCHELL,
D. G. McLEAN.
Which was read a first time and ordered for a second reading.
The following message, and bills and resolution therein men-
tioned, were transmitted to His Excellency the Governor :
SENATE CHAMBER, Dec. 9, 1845.
To His Excellency the Governor of Florida :
I herewith transmit for the approval of your Excellency :
A bill to be entitled, An Act prescribing the form of a Digest or
Manual of the Laws of this State ;
A bill to.be entitled, An Act to amend an act entitled an act to
organize the Circuit Courts of the State of Florida;
Also, a Preamble and Resolution in relation to the Everglades
of Florida, passed by both Houses of the General Assembly, and
signed by the officers thereof.
Yopr obedient servant,
WHOS. F. KING, Secretary Senate.
The Senate adjourned until to-morrow, 10 o'clock A. M.

WEDNESDAY, December 10, 1845.
'The Senate met pursuant to adjournment, and a quorum being pre.
sent, the journal of yesterday's proceedings was read and approved.
Mr. Wall gave notice that he will, o01 some future day, ask leave
to introduce a bill to be entitled, An Act to provide for the erection
of a public jail and premises in the county of Monroe.
Mr. Ilaughton gave notice that he willon to-morrow, introduce
a bill to amend the ninth section of the Limitation Act of this State,
Mr. Haughton offered the following resolution :
Resolved, That the Governor be requested to take immediate ac-
tion to close the leaks in the roof of the Capitol, and to pay the ex-
pense of the same out of the contingent fund.
Which was read a first time, the rule waived, read a second and
third time, and adopted.
Mr. Haughton offered the following resolution :
Resolved, That both Houses of the General Assembly adjourn
sine die, on the 22d of the present month.
Which was read a first time, and ordered for a second reading.
Mr. Kain, from the Committee on Petitions, made the following
report:
The Senate Committee on Petitions, to which was referred a pe-
tition from the City Council of Apalachicola, in relation to their fi-
nancial condition, and their power to assess taxes, have had the
same under consideration, and beg leave to report by bill.










Which bill was read a first time, and. ordered for a second read-
ing.
ORDERS OF THE DAY.
The following engrossed preambles and resolutions were read a'
third time, and adopted:
Preamble and resolution relative to the continuation of the mail
route from Now Smyrna, in Orange county, to Indian River Intet,
in St, Lucie county;
Resolution on the claims of Samuel Worthington;
Resolution on Militia claims.
The bill to be entitled, An Act so amending the Constitution of
this State as to make the sessions of the Legislature biennial in-
stead of annual,
Was read a second time, and ordered to be engrossed for a third
reading.
The bill to be entitled, An Act for the relief of William McCal-
lum,
Was read a second time.
On motion of Mr. Carter, the Senate resolved itself into a Com-
mittee of the Whole on said bill Mr. Lorimer in the chair, and af-
ter some time spent therein, rose and reported the bill by their
Chairman with amendments.
Which were concurred in by the House, and the bill as amend-
ed ordered to be engrossed for a third reading.
The House Preamble and Resolution relative to the establish-
ment of a light-house at Key Biscayne, Cape Florida, was read a
third time and adopted as amended.
The House bill to be entitled, An Act to establish rates of wharf-
age, dockage and storage in the town of Jacksonville, came up and
was postponed until to-morrow.
The House bill to be entitled, An Act to establish Boards of
Wardens for the ports of entry in this State, was read a second
time and referred to a Select Committee consisting of Messrs.
Mitchell, Wall and Kain.
The bill to be entitled, An Act to apportion the representation of
this State, was read a second time and on motion of Mr. Haughton
laid on the table.
The bill to be entitled, An Act so to amend the Constitution of
this State as to extend the elective franchise to all free white male
inhabitants of and over the age of twenty-one years, who shall
have resided therein one year, and within the county or election
district in which they offer to vote, six months next preceding the
election, came up on a third reading.
On motion of Mr. Haughton, the rule was waived, and the Sen-
ate resolved itself into a Committee of the Whole on said bill, Mr.
Mays in the chair, and after some time spent therein, rose and re-
ported the bill by their Chairman with amendments.
Which amendments were concurred in by the House.
12








90-


Mr. Kain then offered the following amendment as the second
section, being the amendment proposed by Mr. Bell in Committee
of the Whole and rejected:
Sec. 2. Be it further enacted, That at the next general election
to be held for members of the General Assembly, the managers or
inspectors thereof, at the different precincts in each county, be, and
are hereby required publicly to ask each voter, at the time of his
voting, whether he approves or rejects the amendment to the Con-
stitution proposed by the first section of this act; and to keep a
correct tally of the votes given for and against the proposed amend-
ment, by marking how each voter voted, opposite his name, in
columns formed by drawing lines on their poll books for that pur-
pose, at the head of one of which columns shall be printed or writ-
ten the word Approve," and at the head of the other, the word
" Reject."
On the adoption of which, the yeas and nays were called for by
Messrs. Kain and Haughton, and were:
Yeas-Messrs. Bellamy, Bell, Broward, Carter, Goodbread, Kain,
Mays, Porter and Priest-9.
Nays-Mr. President, Messrs. Forward, Haughton, Lorimer, Mc-
Lean, Mitchell, Wall and#White-8.
So the amendment was adopted.
The following protest was then spread upon the Journal:
We, the undersigned, voted against the above amendment,
because said amendment, prescribing a different mode of altering
the Constitution, from that laid down in the Constitution itself, we
believe it to be a clear violation of that instrument.
R. B: HAUGHTON, W. H. WALL,
W. A. FORWARD. THOMAS M. WHITE,
D. G. McLEAN, JAS. H. T. LORIMER,
R. A. MITCHELL, JAMES A. BERTHELOT.
The bill was then ordered to be engrossed as amended for a third
reading.
The engrossed bill to be entitled, An Act in addition to an act to
raise a revenue for the State of Florida, and defining the duties of
the assessors and collectors thereof, came up.
On the passage of the bill the yeas and nays were :5
Yeas-Messrs. Forward, McLean, Mitchell and Wall-4.
Nays-Mr. President, Messrs. Bellamy, Bell, Broward, Carter,
Goodbread, Haughton, Kain, Lorimer, Mays, Porter, Priest and
White-13.
So the bill was rejected.
A bill was received from the House to be entitled, An Act con-
cerning Roads and Highways,
Which was read a first time, and ordered for a second reading.
A message from the House informed the Senate that the House
refused to concur in the amendments of the Senate to the bill relat.
ing to the Commissioner of the Tallahassee Fund, and that they
adhered to the original bill.










Which message and bill were postponed until to-morrow.
The following message was received from His Excellency the
Governor:
EXECUTIVE OFFICE,
Capitol, Tallahassee, Dec. 10th, 1845.
Gentlemen of the Senate
and House of Representatives :
I herewith transmit a communication received from the Comp-
troller of Public Accounts, in relation to the act of your late ses-
sion, which provides for the compensation of Tax Assessors. As
doubts are entertained as to the true intent and meaning of the act,
I respectfully recommend such additional legislation as you may
deem necessary, to remove the ambiguity.
I have the honor to be,
Very respectfully, your obedient servant,
W. D. MOSELEY.

COMPTROLLER'S OFFICE, Dec. 10th, 1845.
Sir:-The difficulty arising from the various constructions placed
on the law regulating the compensation of Assessors of Taxes, in-
duces me to call your Excellency's a4ternion to the eighteenth'sec-
tion of the Revenue Law, approved July 24th, and respectfully sug-
gest the necessity of further legislation thereon.
Very respectfully, your obedient servant,
N. P. BEMIS, Comptroller.
To His Excellency W. D. MOSELEY,
Governor of Florida.

Which were referred to the Committee on the Judiciary.
Also the following: EXECUTIVE OFFICE,
Capitol, Tallahassee, Dec. 10th, 1845.
Gentlemen of the Senate
and House of Representatives:
I received on the 9th instant, the act entitled, An Act to amend
an act en-itled an act to organize the Circuit Courts of this
State, which I have approved. I have also approved the preamble
and resolutions in relation to the Everglades of Florida.
I have the honor to be,
Very respectfully, your obedient servant,
W. D. MOSELEY.
The following message was received from the House :
HOUSE OF REPRESENTATIVES, Dec. 10, 1845.
Hon. President of the Senate :
The House have concurred in the amendments by the Senate, to
the House bill to be entitled, An Act to give effect to the provisions
of the Constitution of this State, respecting Corporations and Asso-
ciations claiming to exercise corporate privileges within this State.
Your obedient servant, M. D. PAPY,
Clerk House of Representatives.










The House returned the Senate resolution on Militia Claims;
Also, the Senate resolution on the claim of S. Worthington;
Adopted by the House without amendment.
The Senate adjourned until to-morrow, 10 o'clock A. M.

THURSDAY, December 11, 1845.
The Senate met pursuant to adjournment, and a quorum being
present thL proceedings of yesterday were read and approved.
A committee of the House requested on the part of the House
that the Senate bill to be entitled, An Act in relation to garnishees
and garnishee process, and to repeal all former acts in relation to
garnishments, rejected by the House and in possession of the Sen-
ate, be returned to that body. 41
Which, on motion, was granted, and the bill delivered to the
committee.
Agreeably to previous notice, Mr. Forward introduced a bill to
be entitled, An Act to amend an act regulating Judicial proceedings.
Which was read a first time and ordered for a second reading.
Mr. Mc Lean gave notice that he will, at an early day ask leave
to introduce a bill to be eAtitled, An Act to amend an act to pres-
cribe the mode by which Attorneys and Counsellors at Law may
be admitted to practice in the Courts of this State.
Agreeably to previous notice, Mr. Haughton introduced a bill to
be entitled, An Act to amend an act concerning the limitation of
actions, approved 10th Nov. 1828.
Which was read a first time and ordered for a second reading.
On motion of Mr. Lorimer, the rule to give previous notice be-
fore introducing a bill was waived and he introduced a bill to be
entitled, An Act to authorize Nelson Gray to practice law in the
several Courts in this State.
Which was read a first time and ordered for a second reading.
Mr. Haughton presented a petition praying that John Connor be
authorized to establish a ferry across Weetaluxee Creek.
Which was received and referred to a Select Committee consist-
ing of Messrs. Haughton, White and Kain. *
Mr. Lorimer, from the Committee on Internal Improvement, to
whom was referred the House bill to be entitled, An Act making
provisions for the establishment of ferries and bridges, reported the
same without amendment.
Which was placed among the Orders of the Day.
A Committee of the House informed the Senate that the House,
agreeably to previous arrangement, was ready to go into the election
of a Judge of the Southern Circuit.
The Committee of the Senate informed the House that the Se-
nate was ready to go into said election.
Mr. Wall nominated George W. Macrae for Judge of the South-
ern Circuit. ,
Mr. Mays nominated John Coleman.











Mr. Kain nominated Raphael J. Moses.
Result of the seventeenth voting in the Senate:
For Macrae-Mr. President, Messrs. Broward, Carter, Forward and Wall, 5.
For Moses-Messrs. Kain and Porter, 2. For Coleman-Messrs. Haughton,
Lorimer, Mays, McLean, Mitchell and White, 6. For Ferguson-Messrs. Bel-
lamy and Goodbread, 2. Blank-Messrs. Bell and Priest-2.
Result in the House on the seventeenth voting :
For Moses 4 Coleman 13 Yonge 10 Blank 3
So there was no election.
The Committee of the House informed the Senate that the name
of C. C. Yonge was withdrawn, and that Geo. W. Macrae was
nominated.
Result of the eighteenth voting in the Senate:
For Macrae-Mr. President, Messrs. Broward, Carter, Forward and Priest, 5.
For Moses-Messrs. Kain and Porter-2. For Coleman-Messrs. Haughton,
Lorimer, Mays, McLean, Mitchell and White, 6. For Ferguson-Messrs. Bel-
lamany, Bell and Gpodbread-3. Blank-1.
Result in the House of the eighteenth voting:
For Macrae 8 Coleman 11 Moses 8 Blank 8
So there was no election.
The Committee of the House informed tha Senate that Isaac
Ferguson was again nominated.
Result of the nineteenth voting in tire Senate:
For Macrae-Mr. President, Messrs. Broward, Forward and Wall, 4. For
Moses-Messrs. Carter, Kain, Porter and Priest, 4. For Ferguson-Messrs.
Bellamy, Bell, Goodbread, Lorimer and White, 5. 1"or Colenmn-Messrs.
Haughton, Mays, McLean and Mitchell, 4.
Result in the House of the nineteenth vAting:
For Ferguson 15 Tweed 2 Macrae 4 Coleman 5 Mosee 5 Blank 5
So there was no election.
Mr. Porter withdrew the name of R. J. Moses.
Result in the Senate of tho twentieth voting :
For Macrae-Mr. President, Messrs. Broward, Forward and Wall, 4. For
Ferguson-Messrs. Bellamy, Bell, Goodbread and Lorimer, 4. For Coleman-
Messrs. Carter, Haughton, Kain, Mays, McLean, Mitchell, Priest and White,
8. Blank-Mr. Priest, 1.
Result of the twentieth voting in the House:
For Ferguson 15. Coleman 4. Tweed 2. Macrae 7. Blank.7.
So there was no election.
Result of the twenty-first voting in the Senate:
For Macrae-Messrs. Broward, Forward and Wall, 3. For Ferguson-
Messrs. Bellamy, Bell and Kain, 3. For Coleman-Mr. President, Messrs.
Carter, Goodbread, Haughton, Lorimer, Mays, McLean, Mitchell, Porter and
White, 10. Blank-Mr. Priest, 1.
Result of the twenty-first voting in the House :
For Ferguson 13. Coleman 6. Macrae S. Blank 9.
So there was no election.
Result of the twenty-second voting in the Senate:
For Macrae-Mr. President, Messrs. Broward, Carter, Forward, Kain, Priest
and Wall, 7. For Ferguson-Messrs Bellamy, Bell and Goodbread, 3. For
Coleman-Messrs. Haughton, Lorimer, Mays, McLean, Mitchell, Porter and
White, 7.
Result of the twenty-second voting in the House :
For Ferguson 14. Coleman 11. Mactae 7. Blank 4.








94

So there was no election.
Mr. Wall withdrew the name of Geo. W. Macrae, of which he
committee informed the House.
The committee of the House informed the Senate that the name
of G. W. Macrae was withdrawn and A. L. Woodward nominated
Mr. Wall nominated Adam Gordon.
Result of the twenty-third voting in the Senate :
For.Ferguson-Messrs. Bellamy, Bell, Goodbread and Kain, 4. For Cole-
man-Messrs. Haughton, Lorimer, Mays, McLean, Mitchell, Wall and White, 7.
Blank-Mr. President, Messrs. Carter, Forward and Priest, 4.
Result in the House of the twenty-third voting :
For Ferguson 13. Coleman 7. Kelly 2. Blank 14.
So there was no election.
Mr. Broward nominated Samuel W Carmack.
The committee of the House informed the Senate that the name
of C. S. Sibley was proposed.
Result of the twenty-fourth voting in the Senate :
For Ferguson-Messrs. Bellamy and Bell, 2. For Coleman-Mr. Mays, 1.
For Sibley-Mr. President, 1. For Gordon-Messrs. Forward, Haughton, Lor-
imer, McLean, Mitchell, Priest and Wall, 7. For Carmack-Messrs. Bro-
ward, Carter, Kain, Mitchell and White, 5. Blank-Mr. Goodbread, 1.
Result in the House of the twenty-fourth voting :
For Ferguson 7. Colemanal. Sibley 2. Carmack 22. Blank 5.
So there was no election.
The committee of the House informed the Senate that the name
of C. S. Sibley was withdrawn and A. L. Woodward nominated.
Result of the twentydifth voting in the Senate :
For Carmack-Mr. President, Messrs. Bellamy, Bell, Broward, Carter, For-
ward, Goodbread, Haughton, Kain, Lorimer, McLean, Mitchell, Porter, Priest,
Wall and White, 16.
Result in the House of the twenty-fifth voting:
For Ferguson 6. Coleman 2. Woodward 6. Carmack 18. Blank 2.
So there was no election.
Result in the Senate of the twenty-sixth voting:
For Carmack-Mr. President, Messrs. Bellamy, Bell, Broward, Carter, For-
ward, Goodbread, Haughton, Kain, Lorimer, McLean, Mitchell, Porter, Priest,
Wall and White-16.
Result of the twenty-sixth voting in the House:
For Carmack 17 Woodward 17 Blank 3
So there was no election.
Result of the twenty-seventh voting in the Senate:
For Carmack-Messrs. Bellamy, Bell, Broward, Carter, Goodbread, Haugh-
ton, Kain, Lorimer, Mays, McLean, Mitchell, Priest, Wall and White, 14.
Result in the House of the twenty-seventh voting :
For Carmack 16 Woodward 18 Blank 12
So there was no election.
The Committee of the House informed the Senate that the House
had resolved, the Senate concurring, to take a recess until 3 o'-
clock P. M.
In which, on the question being put, the Senate concurred.
3 O'CLOCK, P. M.
SOn motion of Mr ..Carter, the rule was waived, and seventy-five
copies of the bill on the table, to be entitled, An Act to apportion










the representation of this State, were ordered to be printed.
The Senate then proceeded to a twenty-eighth voting for Judge
of the Southern Circuit, as follows :
WFor Carmack-Mr. President, Messrs. Bellamy, Bell, Broward, Carter, For-
ward, Goodbread, Haughton, Kain, Lorimer, Mays, McLean, Mitchell, Porter,
Priest and White-16.
The Committee of the House informed the Senate that the name
of. A. L. Woodward was withdrawn, and R. J. Moses nominated.
Result in the House of the twenty-eighth voting : 1'
For Carmack 19 Moses 11 Stewart 1 Blank 4
So there was no election.
Result of the wenty-ninth voting in the Senate
For Carmack-Mr. President, Mefars. Bellamy, Bell, Broward, Carter, For-
ward, Haughton, Kain, Lorimer, Mays, McLean, Mitchell, Priest, Wall and
White, 15. For Moses-Mr. Porter, 1. For Stewart-Mr. Goodbread, 1.
Result in the House of the twenty-ninth voting :
For Garmack 19 Moses 11 Blank 5. -
So there was no election.
Result of the thirtieth voting in the Senate: :
For Carmack-Mr. President, Messrs. Bellamy, Bell, Browvard, Carter, For-
ward, Goodbread, Haughton, Kain, Lorimer, Mays, McLean, Mitchell, Priest,
Well and White, 16. For Moses-Mr. Porter, 1.
Result in the House on the thirtieth voting :
For Carmack 20 Moses Blank 4
So there was no election.
'Result of the thirty-first voting in the- Senate:
For Carmack-Mr. President, Messrs. Bllamy, Bell, Broward, Carter, For-
ward, Goodbread, Haughton, Kain, Lorimer, Mays-McLean, Mitchell, Priest,
Wall and White, 16. ?
Result in the House of the thirty-first voting:
For Carmack 22. Moses 9. Blank 3.
Samuel W. Carmack having received a majority of each House
of the General Assembly, was proclaimed by the President duly
elected Judge of the Southern Judicial Circuit.
Mr. Haughton, frbm the Select Committee on the petition from
citizens of Gadsden county praying the formation of a new county,
made the following report:
The select committee to whom was referred a- petition from nu-
merous citizens of Gadsden county praying the formation of a new
county, after an attentive examination of the subject, have satisfied
themselves that the application is just and ought to be granted.
The county-of Gadsden is peculiarly situated-lying somewhat
in the form of a parallellogram, with a distance of not less than
eighty or a hundred miles stretching between its northern and
southern lines. If the court-house and public offices were loca-
ted at an equal distance from these lines, the inconvenience to
those living in their vicinity would still be considerable ; but when
it is recollected that the county site, instead of being in or near
the centre of the county, is within ten miles of its northern boun-
dary, it must be evident that the inhabitants of the more southern
portion are virtually excluded from all those advantages which form
the principal inducement for organizing counties. The committee:










are informed that many of the petitioners, in discharge of their du'-
ty as jurors, witnesses, &c., are compelled to travel a distance
varying from thirty to seventy miles, thus involving an inconven-
ience and a loss of time which have borne severely upon them, and
to remedy which they have made their appeal to the justice of the
Legislature.
In much of the region that will be embraced within the bounda-
ries of the new county which they seek to establish, the lands are
said to be of the finest quality. On the Apalachicola and Ocklock-
onee rivers, and along their tributary streams there are already ex-
tensive and flourishing settlements, and notwithstanding its extreme
isolation, the emigration to that quarter is, perhaps, as rapid as to
any other portion of the State. With the various natural advanta-
ges afforded by this remote part of Gadsden county, and which,
until recently, have been comparatively unknown, it is believed that
it will soon be filled with an active, industrious and intelligent pop-
ulation ;-more especially, if the inconveniencies of which the
present inhabitInts so justly complain, should be removed by the
organization of'a new county. There are, already, upwards of fifty
qualified voters within the limits of the proposed county, and even
under the restrictions of our State Constitution, as to the term of
residence, it is confidently asserted that, at the next Fall elections,
the number will exceed one hundred. The committee, without
further trespassing upon the time of the Senate, will conclude this
report by asking leave to introduce a bill entitled An Act to fix the
boundary of Franklin county, and to organize a new county to be
styled the County of Clay. Respectfully submitted,
R. B. HAUGHTON, Chairman.
Said bill was then read a first time and ordered for a second
reading:
Mr. Kain, from the select committee to whom was referred the
petition of Samuel S. Sibley respecting a bill for printing, made
the following report:
The select committee of the Senate to which was referred the peti-
tion of Samuel S. Sibley, concerning his account with the Senate
for Printing, have had the same under consideration and beg
leave to REPORT:
That the petitioner, Samuel S. Sibley, was employed to do the
printing for the Senate from the 23d June to the 2d July last, in-
clusive, and it appears that no contract was entered into in regard
to the prices to be paid for such work. The committee are, there-
fore, of the opinion that he should be allowed such compensation
as is usually charged for job work of this kind ; and, after taking
the testimony of practical printers upon this point, they believe that
the sum of ninety-two dollars and fifty-three cents is a just and fair
compensation for the work performed. The committee recommend
the adoption of the following resolution, and beg leave to be dis-
charged from the further consideration of the subject.
WM. A. KAIN, Chairman.










Resolved, That the Comptroller of Public Accounts be and he
is, hereby, instructed to audit the account of Samuel S. Sibley for
the sum of ninety-two dollars and fifty-three cents.
Which report was received and the resolution read a first time
and ordered for a second reading.
The following communication was received from the Comptroller
of Public Accounts:
COMPTROLLER'S OFFICE, Tallahassee; Dec. 10th, 1845.
To the Honorable President of the Senate :
In compliance with a resolution of the Senate, passed on the 4th
instant, I have the honor to report: That, in obedience to said res-
olution, C. G. English, Esq., late Commissioner of the Tallahassee.
Fund, has filed in this office a transcript of the account rendered with
his report of the 17th November last, and has exhibited to me vouch-
ers to establish the items of his account. Having carefully exam-
ined and compared the same, I find the account in accordance with
the vouchers. Very respectfully, your obedient servant,
N. P. BEMIS,:Comptroller.
The following message was received from his Excellency the
Governor:
EXECUTIVE OFFICE,
Capitol, Tallahassee, Dec. 11, 1845.
Gentlemen of the Senate
and House of Representatives :
I have approved a preamble and resolution entitled A Preanible
Resolution relative to establishing a Post Office at Miami in Dade
county. I have the honor to be, very respectfully, your ob't svt.,
W. D. MOSELEY.
Also the following:
EXECUTIVE OFFic E,
Capitol, Tallahassee, Dec. llth, 1845.
Gentlemen of the Senate
and House of Representatives:
The act entitled, An Act prescribing the Form of a Digest, or
Manual, of the Laws of this State," was officially communicated
to me on the 9th instant, and is approved.
The subject is one which has for a long time engaged the earn-
est attention, not only of the Legislature, but of the people of the
State, from the conviction of its great importance. From a critical
examination of the act now before me, I find that to make the work
perfect, additional legislation may probably be found necessary.
This suggestion is made from the belief that it is the desire, as it is
the interest of all that, as we have resolved to accomplish this im-
portant object, it should be as perfect as possible. To this end,
therefore, I would respectfully suggest the propriety of passing an
additional act, directing to be collected and published in a conveni-
ent form, all the Statutes of Great Britain, of force in this State.
The Legislative Council of the late Territory, on the 6th of No-










vember, 1829, adopted as the law of Florida, the Common and
Statute Laws of England, which are of a general, and not ofit local
nature, (with certain exceptions named,) down to the 4th day of
July, 1796, and it is believed there is not a single copy now in the
State, of the Statutes at large of Great Britain.
The various enactments, therefore, which still govern our citi-
zens in their various transactions, are only to be found scattered
through the books of reports and elementary treatises of the Eng-
lish jurisprudence, which form a Lawyer's Library. To the people
at large, and to the Profession in our small towns and villages,
where there is a paucity of books, that part of the Statute Law de-
rived from the adoption of the acts of the British Parliament, re-
mains a sealed book."
I have the honor to be,
Very respectfully, your obedient servant,
W. D. MOSELEY.
Which was referred to a select committee consisting of Messrs.
Haughton, Forward and Mays.
A Preamble and Resolution relative to the armed occupation law,
&c., was received from the House, read a first time and ordered
for a second reading.
On motion of Mr. Haughton the Orders of the Day were post-
poned until to-morrow.
The Senate adjourned until to-morrow, 10 o'clock, A. M.

Fi3DAY, December 12, 1845.
The Senate met pursuant to adjournment, and a quorum being
present the proceedings of yesterday were read and approved.
Mr. McLean gave notice that he will, at an early day, ask leave
to introduce a bill to be entitled, An Act to provide for the payment
of Jurors.
Agreeably to previous notice, Mr. Wall introduced a bill to be
entitled, An Act to amend an act entitled an act to provide for there
erection of a public jail and premises in the county of Monroe.
Which was read a first time and ordered for a second reading.
Agreeably to previous notice, Mr. McLean introduced a bill to
be entitled, An Act to prescribe the mode by which Attorneys and
Counsellors at Law may be admitted to practice in this State.
Which was read a first time and ordered for a second reading.
On motion of Mr. Haughton the bill to be entitled, An Act to
organize a Board of Internal Improvement for this State, and to pre-
scribe their powers and duties, was taken from the table and placed
among the Orders of the Day.
Mr. White, from the Committee on Enrolled Bills, report as cor-
rectly enrolled, a Resolution on claim of Capt. Samuel Worthing-
ton's Company of Florida Volunteers. Also a Resolution on mi-
litia claims..










A message from the House informed the Senate that the House
had concurred in the amendments of the Senate to the House Pre-
amble and Resolution relative to the establishment of a light-house
at Key Biscayno, Cape Florida.
A resolution was received from the House to adjourn on Satur-
day the 20th inst.
Which was read a first time.
Mr. Broward moved to waive the rule and read the resolution a
second and third time.
Which motion was lost.
The resolution was then ordered for a second reading.
The following message was received from his Excellency the
Governor :
EXECUTIVE OFFICE,
Capitol, Tallahassee, December 12, 1845.
Gentlemen of the Senate and House of Rep's:
I hereby nominate as Judge of Probate for the County of Alachua,
Thomas J. Prevat. And as Auctioneers for the county of Escam-
bia, Benj. F. Magie and Alexander McVoy.
I have the honor to be, very respectfully, your ob't serv't,
W. D. MOSELEY.
Which nominations were advised and consented to by the Senate.
The following message was transmitted to His Excellency the
Governor :
SENATE CHAMBER, Dec. 12, 1845.
His Excellency the Governor of Florida:
I herewith transmit for the approval of your Excellency:
Resolution relative to the claims of Samuel Worthington's Com-
pany of Florida Volunteers ;
Resolution on Militia Claims. Passed by both Houses of the
General Assembly, and signed by the officers thereof.
Your ob't serv't, THOS. F. KING, Sec'y Senate.
ORDERS OF THE DAY.
Engrossed bill to be entitled, An Act for the relief of Win.
C. McCallum, came up;
On the passage of the bill, the yeas and nays were:
Yeas-Mr. President, Messrs. Broward, Forward, Haughton,
Kain, Lorimer, McLean, Mitchell, Priest and White-10.
Nays-Messrs. Bell, Carter, Goodbread, Mays and Porter-5.
So the bill passed. Title as stated.
The engrossed bill to be entitled, An Act so to amend the Constitu-
tion of this State as to extend the election franchise to all free white
male inhabitants of and over the age of twenty-one, &c., came up;
Mr. Haughton moved to insert the following as an engrossed rider:
After the first section insert the following, viz.-An Act supple-
mentary to an act entitled an act to extend the elective franchise to
all free white male inhabitants within this State, of and over the










age of twenty-one years, who shall have resided therein one year,
and within the County or Election District in which they offer to
vote, six months next preceding the election.
Which motion the Chair decided out of order.
The bill was then laid on the table.
The engrossed bill to be entitled, An Act so amending the Con-
stitution of this State as to make the sessions of the Legislature bi-
ennial instead of annual, came up ;
On motion of Mr. Haughton, the blank in the first section of the
bill was filled up by inserting the words fourth Monday of Novem-
ber."
On motion of Mr. Broward, the bill was laid on the table.
The resolution to adjourn sine die, on the 22d of this month, was
read a second time, and on motion of Mr. Haughton, laid on the table.
The bill to be entitled, An Act defining the powers and duties of
the Mayor and City Council of Apalachicola to assess taxes, was
read a second time. The President moved to insert the words
Pensacola and Tallahassee," after the word Apalachicola, in the
fifth line of the first section of the bill. Also, insert the same after
Apalachicola, in the fourteenth line of the same section. Which
motion prevailed.
The bill as amended, was then ordered to be engrossed for a
third reading.
On motion of Mr. Forward, the rule was waived, and Mr. Wall
was added to the Committee on Public Accounts.
The House bill to be entitled, An Act relating to the Commission-
er of the Tallahassee Fund, amended by the Senate, and returned by
"the House with its refusal to concur in the amendments, came up ;
On the question being put, the Senate refused to recede from its
amendment to the bill.
Ordered, that the same be certified to the House.
The House bill to be entitled, An Act concerning Roads and
Highways, was read a second time.
On motion of Mr. Mays, the Senate resolved itself into a Com-
mittee of the Whole on said bill, Mr. White in the Chair, and after
some time spent therein, rose and reported the bill by their Chair-
man, without amendment, and asked to be discharged from the fur-
ther consideration of the subject ; which report was concurred in.
The bill was then referred to the Committee on Internal Improve-
ment.
The resolution instructing the Comptroller to audit the account of
S. S. Sibley for printing,
Was read a second time, and ordered for a third reading.
The bill to be entitled, An Act to amend an act concerning the
Limitation of Actions, approved 10th Nov. 1828,
Was read a second time,-and on motion of Mr. Haughton refer-
red to the Committee on the Judiciary.
The bill to be entitled, An Act to authorize Nelson Gray to