Journal - Florida Senate

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JOURNAL
Qf the Senate"of the General Assembly of Florida,' begun an'l held
at the Capitol, in the City of Tallahassee, in the State of Florida,
on Monday, the 28th day of November, 1859, being an adjourned
session of the Ninth General Assembly, held by virtue of a Joint
Resolution of the two Houses.

MONDAY, November 28th, 1859.

The Senate met in pursuance of aid Joint Resolution of adjourn-
ment.
The roll being called the following named members appeared and
took their seats, viz :
Mr. President, Messrs. Baker, Baldwin, Dawkins, Eppes, Eubanks,
Fisher, Jones, Lamar, McElvy, McQueen and Walker.
The President having taken the chair addressed the Senate in the
words following:
FELLOw-SENATORs :-Allow me most heartily to congratulate you
on your general good health and safe return to the Capital again-
an acknowledgment due a most Merciful Providence. Also to in
form you that by a joint resolution pf the first.session of this General
Assembly, the same was adjourned pn the 15th January last, to meet
again on to-day. Senators, I shall hope to see the business of this
adjourned session conducted in a proper spirit of conciliation and
harmony, and that a que sense of order and decorum pervade all our
deliberations. Such, rest assured, will be exceedingly pleasant to
your presiding officer pt least, saving him, as it will, the unpleasant
duty of enforcing order if it becomes necessary, which I sincerely
hope will in no instance be required.
With these few brief remarks, I vill now inform the Senate that
motions are in order.
On motion of Mr. Fisher, the Door-keeper was instructed to fur
nish stationery for the use of the Senate.
Mr. Baker moved that a committee of three be appointed to meet
a similar committee on the part of the House, and that said commit-
tee wait upon the Governor and inform him that the Senate and
House of Representatives of the 9th Session of the Legislature of the
State of Florida have re-assembled according to adjournment, and
are ready to proceed to business ;
Which motion was adopted, and Messrs. Baker, Lamar and Fisher,
were appointed such commmittec. ,

S4 .

On motion of'Mr. Eppes, the rules of the Senate at its last Session
-were adopted and continued.
On motion, the Senate adjourned until to-morrow morning 11
.o'clock. .

--0-

STUESDAY, November 29th, 1859,

Senate met pursuant to adjournment.
A quorum present.
Rev. Dr. DuBose officiated as Chaplain,
On motion ot Mr. Baker, the reading of yesterday's Journal was
.dispensed, with.
On motion of Mr. Eppes, the Door-keeper and Messenger were
instructed to obtain copies of the Journal and Acts of the last Ses-
sion, and to furnish each Senator with the same.
Notice was given of intention to introduce the following bills at
some future day:
By Mr. Hawes:
A bill to be entitled an Act to incorporate the Palatka and Orange
Railroad Company.
By Mr. McQueen:
A bill to be entitled an Act for the relief of Noah P. Suggs, of
Lafayette county; and also,
A bill to be entitled an Aot authorizing Gee. W. Martin to. estab-
lish a Ferry across the Suwannee River at Fayetteville.
By Mr. Baldwin:
A bill to be entitled an Act to incorporate the Jacksonville and
St. Augustine Railroad Company.
By Mr. Eppes:
A bill to be entitled an Act to amend an Act concerning dower,
Mr. Lamar moved that the Senate proceed to the election of an
Assistant Secretary.
Mr. McElvy nominated Jacob Gibson, of Gadsden.
Mr. Lamar nominated Mr. A. L. Woodward, of Leon.
Mr. Welch nominated Mr. Robert Bruce, of Leon.
S The vote was as follows :
For Gibson-Mr. President, Messrs. Baldwin, Eppes, Eubanks,,
Fisher, Hawes, Jones, McElvy and McQueen-9.
For Woodward-Mr. Lamar-1.
For Bruce-Messrs. Dawkins, Walker and Welch--3..
Blank-Mr. Baker-1.

Mr. Gibson was declared duly elected Assistant Secretary.
The Assistant Secretary was duly sworn in by T. J. Eppes, Esq.,
Notary Public.
A committee from the House consisting of Messrs. Davidson,
Church and'Erwin, appeared and informed the Senate that the
House was organized and ready to proceed to business.
A committee appointed to wait upon his Excellenty the Governor,
and inform him of the organization of the Senate, reported that they
had performed that duty, and were discharged.
Mr. Lamar moved that the rules be waived, to allow him to in-
troduce a bill without previous notice;
Which motion was lost.
Notice was given of intention to introduce the following bills at
some future day:
By Mr. Lamar:
A bill to be entitled an Act to amend an Act to permit' free per-
sons of African descent to select their own masters and become
slave, approved January 15, 1859.
By Mr. McElvy:
A bill to define the times of Probate Courts in this State;
A bill to amend the tax laws of this State; and
A bill to amend the law allowing appeals from the Board of Coun-
tv Commissioners in this State.
The following Message from the House of Representatives was re-
ceived and read:
HOUSE OF REPRESENTATIVES,
Nov. 28, 1859.
HON. JOHN FINLAYSON,
President of the Senate :
Sir:-The House of Representatives have passed the following
bills:
Senate bill to be entitled an Act to extend the time of collecting
taxes in this State;
House bill to be entitled an Act to establish a ferry across the
Bay at Atseena Otie;
House bill to be entitled an Act to amend an Act entitled an Act
to establish common schools, and to repeal certain acts in relation
thereto, approved January 1st, 1853; and -
House bill to be entitled an Act to amend the laws now in force
in this State relative to ejectment suits.
Very Respectfully,
Your Obd't Serv't,
R. B. HILTON,
Clerk House Representatives.
The following message was received from his Excellency the Gov-
ernor, and read:

GOVERNOR'S MESSAGE.

EXECUTIVE CHAMBER,
-November 28th, 1859.
Gentlemen of the Senate and ibouse of Replresentatives:
You are assembled at the Capitol by virtue of your reso-
lution of adjournment in January last, and I meet you now
with the same interest as when it was plainly my duty to
do so, at the commencement of the term fixed and pre-
scribed by the Constitution, hoping that the continuation of
your labors may result in much good to the State.
Circumstances have transpired since the adjournment of
the Legislature, and measures have suggested themselves to
my mind not embraced in my annual message, to which I
invite your attention, in obedience to that clause in the Con-
stitution which makes it the duty of the Executive to give
to the General Assembly information of the state of the
Government and recommend to their consideration such
measures as he may deem expedient.

OFFICIAL REPORTS.
I invite your attention to the official reports of the Comp-
troller and Treasurer as to the financial condition of the
State.
By reference to the report of the Comptroller, it will be
seen that the receipts from the various sources for the fiscal
year 1859 are $106,022 35, and that the amount of warrants
issued during same period is $104,879 12. The finances of
the State will require at your hands a rigid scrutiny into all
the appropriations by the Legislature. The increased expen-
ditures of the government arc disproportioned to the in-
crease of population, and the alternative of retrenchment or
increased taxation is prcsented. The current expense for
criminal prosecutions is la.rgly on the increase, as well as

that of jurors and witnesses, and should be reduced, if con-
sistent with a proper enforcement of the laws and adminis-
tration of justice.
STATE LOAN.
By virtue of the authority vested in me by "An act t6
provide for the payment of the debts of the State," and the
amendment thereto, I negotiated a loan for the State in
the cities of Charleston and Savannah, through the agency
of Col. John W. Pearson, of two hundred and forty-one
thousand three hundred dollars, the greater part of which
has been disbursed in payment of claims for services ren-
dered in suppressing Indian hostilities during the years 1855
and 1856. The report in detail of the Disbursing Agent
will be submitted to you in a few days, with a special
recommendation that provision be made to insure the pay-
ment of the loan at maturity.

INTERNAL IMPROVEMENTS.

The progress of the several lines of railroad that have
accepted the provisions of the "Act to provide for and en-
courage a liberal system of Internal Improvements in this
State" has been onward. No State, perhaps, in the Union
has accomplished more (under the circumstances) in so short
a time. Four years ago, the St. Marks road, twenty miles
in length and worked by horse power, was the only road in
the State. We now have about 350 miles of road graded
and about 230 miles of iron rail laid, upon which the cars
are running daily, and the iron purchased to complete the
balance of the roads graded. The Florida Railroad is 154,
the Florida Atlantic and Gulf Central 60, the Pensacola
and Georgia, from Tallahassee to Lake City, 105 and the St.
Marks 21 miles in length, respectively. The St. Marks road
has been completed for some time and pays a handsome
dividend. The iron rails have been laid on about 130 miles
of the Florida, 50 miles of the Florida Atlantic and Gulf

Central and 30 miles of the Pensacola and Georgia Railroad ,
respectively. The Florida and the Florida Atlantic and Gulf
Central roads, it is expected, will be completed at an early
date, and the Pensacola and Georgia road to Lake City by the
1st of July or August, 1860. The Pensacola and Alabama
Railroad, 45 miles in length, is graded to the line dividing
Florida and Alabama, upon which about .20 miles of iron
rail has been laid and the iron purchased for the balance of
the road. That portion of the work which lies in Alabama
is being vigorously prosecuted and will be completed at an
early date.
The Pensacola and Alabama Railroad Company havenot
accepted the provisions of the Internal Improvement law
and are not required to report to the Trustees the'gross re-
ceipts from the traffic of the road, and we have no data
from that source upon which to base an estimate as to its
earnings. When this road and other important roads now
under course of construction, which will act as feeders to it,
shall have been completed, the Company may reasonably
expect a business which will insure its success.
A quickening impulse is manifest in every branch of busi-
ness in the districts penetrated by the several lines of road.
Large tracts of fertile land, hitherto overlooked for want of
proper facilities of transportation, &c., are now attracting
the attention of citizens from older and less favored States.
Saw-mills and turpentine plantations are dotting the lines
of road in sections heretofore inaccessible and furnish em-
ployment to a large number of industrious citizens, and give
value to that class of lands which have been regarded until
of late as valueless. Thriving villages have sprung up as
by magic and will increase in importance in proportion to
the settlement of the adjacent country of which they are
the commercial centres. These evidences of prosperity but
imperfectly foreshadow, however, the great importance of
the system and the benefits which must result from its com-
pletion. The want of proper means of travel and transpor-

station has heretofore proved a Iserious draw-back in the set-
tlement of the State, but the lines of road have been in
general so judiciously located as to almost entirely remove
these objections. When the Internal Improvement system
shall have been completed, and the fact become generally
known that Florida possesses a genial, healthful climate,
with large bodies of fertile land well adapted to the growth
of corn, long staple and upland cotton, sugar, rice, Spanish
tobacco and tropical fruits, together with an almost inex-
haustible supply of valuable timbered lands, and to be had
at cheaper'rates than can lands of equal fertility in any of
the cotton growing States, a state of prosperity will be real-
ized beyond the expectation of its most sanguine friends.
In my first message to the General Assembly, I deemed
it my plain unmistakable duty to report to them what I
deemed an infringement and violation of the Internal Im-
provement law, in many respects, by one of the companies
accepting its provisions. The General Assembly adjourned
without any definite action, leaving me to act in accordance
with my own views of duty. The course that would be pur-
sued by me in such event was clearly foreshadowed in my
annual message, and I accordingly withheld my signature
from the' bonds of the delinquent Company, when applied
for by it, and guaranteed by a majority vote of the Board of
Trustees, my reasons for doing which were at the time
assigned in the following address to the Trustees, and which
I deem it my duty to place before you:
Gentlemen of the Board of Internal Improvement:
Having determined that it is my duty to withhold my
signature from the bonds of the Florida Railroad, which a
majority of the Board has decided should be signed by the
Trustees, I deem it respectful to you to state my reasons for
my refusal to coincide in your action, and resort to a writ-
ten statement of my reasons, to avoid any misconception'
of my official conduct, such as has been entertained by
some not members of the Board, upon misunderstanding

ft the ifats connected with the official transactions of this'
body.
It may, by some of your body, and by many of the citi-
zens of the State, be thought that I should give to the bonds'
miy signature, seeing that high legal authorities have de-
termined that a majority of your body has the power to
decide when the bonds of the Railroad Companies should
be signed, as provided by law, and that theTrustees, having.
determined that the Florida Railroad Company is entitled
to the g aranty of the Trustees on the bonds by that Com-
pany lately presented for such guaranty, that I, like any
other inienmber of the Board, am bound to acquiesce in tidch
determination, although I may remain of the o inioin that
the public interest will suffer by my compliance, and that
such R5ailroad Compaty is pot legally or equitably entitled
to receive the.guara ity., Co0ild1 assent to such a view of
the duties imposed bri me by the Constitution and laws, it
would relieve hte of ar unpleasant duty, and serve, no
doubt, to harmonize conflicting interests an'd opinions that
at present are greatly disturbed, and obtain for myself a
peace and quiet I may greatly desire, and would much
enjoy, did 1 think it properly acquired. But, deeming iy
duty to be 6ther that than what those for whose opinions I
have great respect have considered it to be, I cannot ac-
quiesce in the-views taken of it, or adopt.th-e' course indi-
cated or expected, however I may be made the sufferer by
my refusal, or what may be t.he injury to persons who it is
said will be affected by such refusal. I may and shall re-
gret that any one should lose by my official acts, but such
consequences cannot be permitted to sway my judgment
in matters confided to my. decision, any niore than should
the hardship of a legal decision turn a Judge from pro-
nouncingajudgment which he believes itliis duty to render.
In my annual message to the General Assembly I took
occasion to call their attention to what I believed wer6 im-
proper and illegal acts on the part of the 'lorida IRailrdad
Company which, in my opinion, required legislative ac-
tfon to redress. This I did, acting inder that clause of the
constitution which requires the Execuiive frontn time 'to
time to give to the General Assembly information of the
state of the Government, and recnomienid to their conside-
ration such measures as he may deem expedient." The
General Assembly appointed a joint committee of both

iHouses to investigate the matter so brought by me to their
attention. The committee took evidence, and made sun-
dry reports, neither of which was signed by a majority.
As a part, however, of that report signed by the largest
number, a resolution was presented, which was intended
to express the judgment of those signing the report, which
was as follows:
Resolved by the &,nate and louse qf Representatives
of the State of Florida, in General Assembly convened,
That the Trustees of the Internal Improvement Fund be,
and they are hereby requested, to guaranty the interest;
upon -the Bonds of the several Rail Road Companies of
this State, who have accepted the act approved January
4th, 1855, the Florida Railroad Company included," &c.
In the Senate, the vote on concurring in this resolution
.stood as follows : Yeas 9, Nays 6. In the House, on the
motion to lay the resolution on the table, the vote was:
Yeas 24, Nays 13. So the resolution was laid upon the
table. This action can only be considered as a refusal on
the part of the Legislature to agree to the affirmative action
of those who signed the majority report, and so considered,
the Legislature refused to order the Trustees to continue to
endorse the Bonds of the Florida Railroad. There is no
direction from the General Assembly addressed to us on
the subject. Had the joint resolution passed both Houses.
I would have given my assent, out of a disposition to con-
form to the action of the Legislature in matters of public
policy.
It has been urged upon me by the Press and by individ-
uals, that inasmuch as I had performed my duty by bring-
ing the subject to the notice of the General Assembly, and
that their action having been equivalent to a refusal to
legislate, so as to remedy what I had declared in my opin-
ion were abuses of the law and injuries to the public inter-
ests, I had performed my whole duty, and might properly
acquiesce in what my judgment deemed an abuse of the
law, sheltering myself from further censure, by alledging a
failure on the part of the Legislature to co-operate with me
in measures of redress. It has also been in like manner
urged that the judgment of a majority of the joint commit-
tee was that the abuses by me alleged to have been com-
mitted by the Florida Railroad had no existence in fact or

iI lI\, :land tha tl. Si dh judgment was con(:CIsive, and should
be satisfactory to inc.
To all of these reasoninlgs I am unable to yield my as-
sent. I am still satisfied that the facts communicated to
the General Assembly did exist, and that the view which
I took of the law was correct. Nor do I admit that the
Failure on the part of the General Assembly to aid me in
redressing what I believe injurious to the public interest
absolves me from my sworn obligations to obey that part
of the constitution wherein. I am charged to take care
that the laws be faithfully executed."
I do not impeach the judgment of the General Assembly.
They are independent of my control, except in so far as I
rimay negative their action. I do not pretend to investigate
the reasons which led the Legislature to omit any action,
pro or con, on my recommendation. I had no power to
be present and take part in their examination of the evi-
.deuce touching the matter inquired into by the committee,
and consequently I could neither examine to see whether
all the evidence was obtained which was pertinent to the
investigation, nor whether matters were allowed having no
relevancy to the question to be solved.
The constitution provides that, "the power of the Gov-
.ernment of the State of Florida shall be divided into three
distinct departments, and each of these confided to a sopa-
.rate body of magistracy, to wit: Those which are Legis-
lative to one, those which are Executive ko another, and
those which are Judicial to another." "No person or
collection of persons, being one of those departments, shall
exercise any power properly belonging to either of the
others, except in instances expressly provided in this con-
stitution."-Art. 2, Constitution.
In obedience to this plain mandate it is that I determine
to act as my own judgment and convictions lead me to
believe it to be my duty, and not to exercise my office in
conformity to the opinions of the Legislative branch of the
Government, when my mind does not agree therewith; to
.do which, would destroy what the Constitution created,
and requires to be preserved-the independence of the
Executive and Legislative powers.
When I was chosen to fill the Executive office, it was
expected that the State should have my judgment as the
rule of my official actions, and however feeble it may be,

the voice of the people has decided that it shall determine
whatever requires the executive approval.
Being thus by the Constitution made independent of tha
influences of legislative opinion, the same reason operat-
ing with greater force, I am not bound to abate my official
duties, because of a decision made by the subordinate offi-
cers of the Executive Department of the Government,
when acting under law regulating Internal Improvements,
and sitting as ex-officio Trustees of the Internal Improve-
ment fund. Imay and do respect your persons and your
opinions,but there is no law which will permit me to disobey
that part of the Constitution which requires me to take
care that the laws be faithfully executed," because you
may decide, (however your powers of mind may be supe-
rior to mine,) that there has been no violation of law, when
I am of the opinion there have been many serious infrac-
tions of the law, greatly to the detriment of the public.
The action of the people who placed me here, may have
set up a weak judgment to control a more weighty and
more powerful ; yet under the Constitution, I am bound to
exercise my own judgment, and not that of others.
Inasmuch as by the Constitution I am bound to see
'" that the laws be faithfully executed," I anm forbid to do
any act which would tend to aid in what my judgment con-
vinces me would be a violation of the law and of public
rights. The law which requires me to act as a member of
the Board of Internal Improvement does not, by any fair
construction, alter my duty in this respect. Had the power
been expressly given by law to a majority of the board of
Trustees to determine when the law had or had not been
faithfully executed, instead of such power being made to
rest on inference, such law would have been a nullity; be-
cause it would have been a violation of the Constitution, in-
asmuch as it would seek to take away from the Governor
the right to determine in the first instance whether the law
has or has not been violated. In doing this the Executive
must construe the law ; he may ask the advice of the At-
torney General, butis not bound by his opinion, and may
require that officer to act contrary to his own judgment.-
And such construction of law made by the Governor is sub-
ject to no control but that of the judiciary, to whom is con-
fided the power of finally settling what the law is. To this
power I am subject in respect to what the law is, it being

the province of the judiciary to construe the law. But it
is my province to cause such action to be taken as will pro-
cure the Judicial decision of law, when in my opinion the
laws have been, or are about to be violated, and there is no
special provision made for their faithful execution. In such
event, I as Governor must refuse to participate in an act
required of me, by any authority in the State, which I be-
lieve would tend to public injury and violate the spirit and
reason of the law, and by means of such refusal, or by di-
rect action (if need be,) obtain the Judicial aid to prevent
the evil, (if evil there is,) or under the sanction of a judg-
ment of the courts surrender my opinions and conform my
action to such, which alone would warrant me in so do-
ing.
You will perceive then, gentlemen, that holding the views
I have expressed, I do not feel that when I am here doing
a duty, which by law is added to my other duties as Gov-
ernor of the State, I am deprived of any of the constitution-
al attributes of my office, or exempt from any of its respon-
sibilities.
The duty I here perform, I do as a part of my office as
Governor of the State, and all my actions under the law
are done as Governor, and subject above all to be regula-
ted by the Constitution, and my oath of office ; and that I
cannot waive what I believe my duty requires me to de-
mand, although a majority of the Board may be of an opin-
ion on the law and facts contrary to what I have arrived at
after mature deliberation. I may be in error, and when it
is considered that many able minds differ from mine, it
would seem to others probable that I do err. Yet I am
firmly convinced of the correctness of my judgment, and
whilst I repeat that I act on my own judgment, I am not
unmindful that a large number of the Senators and Repre-
sentatives coincided with me in opinion and that a respec-
table share of the intelligence and legal talent of the State,
deem my opinions as to the Florida Rail Road sustained by
the law and the facts, but these coincidences of opinion
can but give me confidence in my judgment. They do not
form the basis of it.
Having stated the reasons why I shall continue to with-
hold my signature from the Bonds of the Florida Railroad,
you have decided by a majority vote to sign and'pledge the
Internal Improvement Fund to pay the interest upon, I

aIeem it further to be my duty to lay before you such other
and further facts as influence my judgment and which I
believe to be entitled to weight and consideration on your
parts, all of which I request you in your official capacities
to investigate, deeming that the public interest demands
such investigation, and that if the facts be as I shall state
them on the evidence before me, it is incumbent on you as
members of the Board and on me as Governor of the State,
not only to decline giving further aid to the Florida Railroad
Company, but to take efficient measures to guard the In-
ternal Improvement Fund against the injury which the facts
I shall adduce would seem to indicate as having been al-
ready inflicted.
Before proceeding to state the matters alluded to, I will
premise by sayingthat I am not insensible to the appeals
which have been made through the public Press, and in the
Legislative Halls, against any action on the part of the
officers of the State, or of individuals, which may discredit
any of our public works. I argue that our State needs
Railroads, and that all who seek to provide them, should
be encouraged and not hindered by vexatious proceedings
on the part of the State or its officers.
I have ever been an active advocate and an ardent friend
of judicially planned and honestly managed public works,
regarding them indispensable to the development of the re-
sources of our State, and highly promotive of the success
and prosperity of her citizens. But whilst the constitution
provides for the encouragement of a liberal system of Inter-
nal Improvements, and the public wants demand that this
provision of the constitution should be faithfully executed,
I deem that in our anxiety to fulfil the duty we owe to the
State so imposed by the constitution and laws; we should
not perform it at the sacrifice of other equally important
and essential obligations. We need Railroads, and in my
judgment, with the material aid so liberally bestowed by
the State and Federal Governments, we have the ability to
construct all that our wants demand, and that, too, without
inflicting injury upon the Internal Improvement Fund or
wounding the credit of the State, which has scarcely recov-
ered from the improvident acts of the Territorial Govern-
ment.
Railroads are useful, but State credit is a pearl above all
price. It is easily tarnished ard to be kept without blem.

ish, should be carefully guarded. When, therefore, a r ag'
istrate, charged to protect the public interest, or any Leg-
islature, or officer of the State or private citizen calls pub-
lie notice to acts of any Railroad Company which are cal-
culated to damage the State, or seriously to affect the fund
provided to aid in the construction of our public'works, in-
quiry should not be diverted or investigation smothered by
the fear of doing harm to other Railroad enterprises. It is
only the guilty that need fear inquiry, and it is the interest
of all laudable and honest enterprises that improper prac-
tice should be suppressed. Whilst our laws have encouraged
the formation of companies to build the lines of road in the
law provided for, by liberal donation of lands and pecunia-
ry aid, it certainly never was designed for persons to assume
the execution of these works on fictitious capital and with-
out actual means of their own. Theaid of the State given
in land and by guarantee of money to pay interest, pre-sup-
posed that the capital stock of the several Railroad Compa-
nies would be subscribed and paid in, and that such actual
capital would build the road-bed and superstructure at least.
When it was provided that the money paid out of the Inter-
nal Improvement Fund for interest on the Bonds should be
replaced by stock in the Roads, it was expected that those
who had subscribed for stock in the Roads would pay for it,
and that being done, the stock would be of some value. In
the cases of the Tallahassee, Pensacola & Georgia, and At-
lantic & Gulf Central Railroads, this expectation has been
realized, and any stock which the Trustees may obtain in
these Roads will place the Fund on an equal footing with
other stockholders, for the stock subscribed and taken by
these Companies has been paid in and appropriated to the
grading and superstructure of their Roads. Having thus
premises these remarks, I now call your attention to the
Bonds issued before the Company had any titles to the lands
granted, and to which they might never have title-they
only become entitled to the land when the Road is built.
Here then we see, that although we get stock in the
Road for the money we pay for interest, we not only have
an amount issued to us inadequate to the sum paid, but it
is likely to prove valueless from the fact that instead-of the
Road starting in debt only for the iron and equipment,
and with the sales of the land to look to as a fund, togeth-
er with the earnings of the Road, to meet the iron bonds,

It 'tarts with a large debt on which it must pay interest
outof the earnings, and that the sales of the lands will be
absorbed in paying the land bonds. This scheme is not a
novel contrivance. It was invented in Wall Street and in
the parlors of Western Railroads, and was well planned,
whereby certain shrewd individuals, under the specious
guise of great public spirit, undertook to make public im-
provements, and with but little capital or credit, took mil-
lions of stock in Railroads, got control of largeland grants,
subsidized the public press and swayed public men from
their duty that they might build up enormous fortunes out
of the public property.
When Congress and the State passed laws to aid the con-
struction of Railroads in this State, it was not intended
that men should seize hold of the stock in the Roads to en-
rich themselves at the public expense. The State not be-
ing able to build Roads alone, invited her citizens to sub-
scribe the stock and build the Roads, offering the lands and
the guaranty of interest as a bonus to induce them to invest
their capital-not to make feigned subscriptions which they
have neither the will nor the ability to pay in, with a view
to taxing the public fund with the entire cost of their Roads,
It was solid capital alone wanted, and a liberal bonus was
offered for it. It was not held out as a premium to invite
men to take our bonds and credit, to coin money for them-
selves, but to inspire our citizens with a spirit ofenterprise
and enable them to make sieh improvements as the wants
of the country demanded. It becomes our duty, if we have
the powers, to keep the credit of the State from being injur-
ed by the perpetration of such schemes, which cannot fail
to result in loss to all, of course chiefly to others than the
projectors. I am of the opinion, gentlemen, that we should
demand of the Florida Railroad Company to put the stock
held by the Trustees upon an equal footing with that own-
ed by themselves, for I cannot think that it was intended
by the Legislature, in providing that we should receive
certificates of stock for interest paid, that the stock thus
acquired should be placed below that held by individual
members of the Company who have paid in not more than
12- per cent upon the stock subscribed.
This Board has no means of information with respect to
the condition and management of the Florida Railroad Com-

pany other tlail what is to be found in the documents prifi-
ted by the last General Assembly. How much stock has
been paid in cash, by whom paid, what are its debts and
what are its resources, we have no information other than
that above referred to, and yet we represent as Trustees a sum
of seventy-five thousand, seven hundred and seventy-five
dollars ($75,775) acquired by the payment of that sum o
interest on the guaranteed bonds of the 'Company. The
only definite information we have is that found in the jour-
nals of the General Assembly from which I extract the fol-
lowing official statement of the Hon. Geo. W. Call, Secre-
tary and Treasurer of the Company, Viz:
The cstiinated ccst of the Florida Railroad is....$ ,500,000
This siit included all expenditures and provides
a fully equipped Iload; with Depots, Station
Houses, Wharves and everything necessary to
a full business............. ..........
To pay this the Company have of Internal Im-
provement Bonds.................. ....... 1'655,006
'Of Land Bends, well secured, and which are
paid to contractors at par...... ......... 1,500,000
Leaving to be paid on the stock..;..-........ 345,000
The Stock is fixed for the present at........... 8,000,000
Should the whole be taken, an assessment of 12
per cent. would produce..................... '360,000
'Or more than the amount required; but the whole
Stock as yet taken is only a Iftle over ($1,000,-
000,) one million dollars, the present assess-
ment on which (12 per cent.) would produce... 120,000
And should no 'more be taken, a further assess-
ment of 124 per cent. will be required to pro-
duce....... ........ ...... ; .. .... 225,000
To make up the deficiency of.................. '345,000
Makuig the total payment on the stock, in any
event, only 341 per cent., or $34 50 on every
$100 subscribed............... ..........
From this official statement of the Company, it is appa-
rent that the highest sum they expect t6 pay upon their
'shares of sl ock is $34, whereas for every share of stock cer-
tified them to the Truste'es We pay $100; hence it results
that in declaring dividends from the income of the Road,
an individual stockholder will receive as much for $34 as
the fund will for $100 invested.

This I think to be violative of the spirit of the law, and
certainly it is unjust and inequitable. It seems to me that
it is our duty as Trustees of the Internal Improvement
Fund, holding a large amount of stock, to demand an in-.
sight into the proceedings of this Company. Other Rail-
roads make no secret of their affairs and have published
the usual statement of their business, showing their cashl
receipts and payments.
In conclusion, I have to say that this statement of my
position touching the Florida Railroad Company is made
from no unfriendly feeling towards the enterprise, nor from
any disposition to respond to the numerous unkind and un-
manly assaults made upon me through the newspapers. It
simply presents a candid statement of my convictions which
form the basis of my action in the premises. I may be in
error, yet I do not think so; but in this as in all other mat-
ters of a similar character, I will stand ready to abide a
judicial investigation of my official conduct, and if pro-
nounced by competent judicial authority to be wrong, will
readily yield my judgment to that authority.
Very Respectfully,
M. S. PERRY.
LANDS GRANTED BY CONGRESS TO. AID IN THE CONSTRUCTION OF
RAILROADS.
By the Act of Dec. 27, 186., the State of Florida accepted
the lands granted by Congress of May 17th, 1856, upon the
terms, conditions and restrictions imposed in the Congres-
sional Act, but as yet the General Assembly has made no,
disposition of said lands except those granted to aid in con-
structing a Railroad from Pensacola to the State line of
Alabama, in the direction of Montgomery.
The great value of these lands to the Railroad Companies
renders it highly important that such action should be taken
as may be necessary to fully secure said grant to the Com-
panies beneficially interested therein. Such action would
be simple and said object could be easily accomplished, were
each of the lines of road named in the Act of Congress to be
constructed by a single company, but inasmuch as several
on each line claim the right to construct portions thereof,

ei conflict of intere-t arises which~ h place some obstacles in
the way o-f an eqi suitable adjustment. A difference of opin-
ion exists as to the necessity or propriety of any further
legislation than that in the 21st Section of the Internal Im-
provement law, as will appear by reference to the proceed-
ings of the Senate at the last session of the General Assembly,
pages 365, 397.
I think it is clear, as expressed by the Attorney General,
to whom this question was referred, that if it is considered
that the lands along the route are by the Internal Improve-
ment law and the Act of Congress granted in common to
the several Railroad Companies constructing a particular
line of road, then further legislation is necessary to distribute
them between the companies." And I think it equally clear
that the lands along the route were granted in common to
the several Railroad Companies constructing a particular
line of road. By the Act of Congress these lands were
granted for the purpose of aiding in the construction of Rail-
roads between certain points, the terminii of each road being
specified and fixed, with a provision that the lands granted
on account of said roads and branch shall be exclusively
applied in the construction of that road or branch for and
on account of which such lands are granted."
It seems to have been considered that, without such pro-
vision, the act might have been construed as granting the
lands in common to all the roads and branch named, and in
declaring the intention to be otherwise, Congress has provided
that the lands on each side of the road from Jacksonville to
Escambia Bay shall be exclusively applied to the construc-
tion of the road from Jacksonville to Escambia Bay, and so
on with the other roads and branch.
There is no mention of a road from Jacksonville or the
waters of Escambia Bay, or from Amelia Island or Tampa
or Cedar Keys, to any intermediate point. That each of said
roads was by the Act of Congress considered as one road,
for the whole distance between the terminii specified, and

that the grant to each was a grant in entirety, is as clearly
expressed as it would have been had the question been raised
at the time and the act had been framed specially in refer-
ence thereto. As further evidence that the intention of Con-
gress was as above stated, I refer to the 3d and 5th sections
of the Congressional Act. By these it will be seen that the
grant is not a naked gift, a simple donation. On the con-
trary, certain conditions must be complied with, some con-
sideration is to be given for the benefits received.
These sections provide that the said Railroads and branch
shall be and remain public highways for the use of the gov-
ernment of the United States, free from toll or other charge
upon the transportation of any property or troops of the
United States," and also that the United States mails shall
be transported over such roads and branch at such price as
Congress may fix by law or the Postmaster General may
determine. It surely was intended to provide for the trans-
portation of troops, mails, &c., across the entire r6ute in
consideration of the lands granted, the entire road bearing
the burden imposed and receiving the benefits conferred,
And while, in my judgment, the true meaning of the Act of
Congress is as above stated, the construction I have placed
upon it seems to me to be the one best calculated to render
equal justice between the parties interested. The principle
contended for by some that each company is entitled to all
the lands lying on each side of the road constructediby them,
whether taken in place within the six miles limit, or as in-
demnity within fifteen miles, would work manifest injustice
in some cases and should not be insisted, upon unless it is
really the true construction of the Act. By such a rule one
company might be deprived of all benefit under the grant,
or the value of the lands received might be so small as to be
no inducement for accepting the same under the conditions
imposed. In such event there is nothing in the Internal
Improvement law which forces upon any Railroad Company
the acceptance of the grant by Congress and compels them

to transport the property or troops of the United States
"free from toll or other charge," and should a company thus
situated decline to accept the lands on the conditions imposed,
it would result in a failure on the part of the State to fulfil
the contract she made with the General Government when
she accepted the grant upon the terms, conditions and re-
strictions in said Act of Congress." The State cannot right-
fully and lawfully receive the benefit of the grant for a por-.
tion of the route where the lands are valuable, and reject it
where they are not valuable. And even if the roads by their'
acceptance of the provisions of the Internal Improvement
law could be compelled to fulfil the contract of the State
with the General Government, that would be a strong argu-
ment against any construction which would deprive a com-
pany of their proportion of the lands, for it would clearly
be unjust to force upon them their proportionate share of the
burthen without extending them a pro ratca share of the
benefits and advantages. Unless the grant is taken as an
entirety, and so considered in the disposal thereof, the effect
will be to give to some of the companies but a small amount
of lands, while the other companies will receive their full
quota and have an excess of about one hundred thousand
(100,000) acres to revert to the United States, thus depriving
the State and the Internal Improvement interests of that
much land.
By the first section of the Act of Congress, after granting
lands in alternate sections for six sections in width on each
side of certain roads, it is provided that where the United
States have sold or otherwise disposed of any of said lands,,
it shall be lawful for any agent or agents to be appointed
by the Governor of this State to select other lands in alternate
sections within fifteen miles, to supply such deficiency.
Under this provision I did, on the 7th day of September last,
appoint Henry Wells the agent for the purpose of making
said. selections.

DRAINING OF THE SWAMP AND OVERFLOWED LANDS OF THE OCLA
WAHA RIVER.
The improvement of the navigation of this important ri-
ver, together with the draining of the overflowed banks
thereof, has, by action of the Board of Internal Improve-
ment and by resolution of the General Assembly, been one
of the subjects of the liberal system of internal improve-
ments in our State. In September, 1858, the Board passed
the following resolution:
Resolved, That the Board of Trustees will grant proper
portions of Swamp Lands alternately, not exceeding one sec-
tion alternately one mile deep, on both sides of the Oclawaha
river, from its mouth to Lake Apopka, to any person or per-
sons who will undertake to remove the logs, saind-bars and
rafts, and make the necessary cuts and ditches to deepen the
channel of said river, with a view to reclaim the Swamp
Lands adjacent thereto, so that the same shall thereby be en-
hanced in value, and that the Governor be requested to com-
municate this resolution to the chairman of said Convention."
The above resolution was promptly cominunicated by me
to the chairman of said Convention, but as the remuneration
for the labor and outlay contemplated by this resolution is
to be made in lands, no one of sufficient capital has been
found to undertake it.
At the late session of the Legislature, a resolution was
passed instructing the Board of Trustees to consider the
drainage of said Lands and recommending the employment
of a competent Engineer to make survey, &c., and make
plat estimate, &c., and report to the Trustees.
No Engineer has been appointed by the Board, and the
work is no nearer being commenced than it was in 1858. I
would respectfully suggest that the salary of such an Engi-
neer and the expenses of the outfit, together with the ex-
pense of the survey, estimates, &c., would be perhaps as
much as one half the cost of the drainage, and therefore
should be avoided if possible.
As long ago as 1835, while we were a Territory, Congress,

on the report of its value in military operation,, voted ara
appropriation of $10,000 for the improvement of the navi-
gation of this river. The Indian war prevented the work,
and when we became a State this grant reverted to the
Treasury.
More recently, in 1853, the enterprising citizens of Marion
and Putnam counties secured the services of John M. Irwin,
a competent Civil Engineer, who is represented to be a very
practical man, to make a survey of said river, with a view
of improving its navigation and draining the lands on either
side thereof. Mr. Irwin made a thorough examination, at
considerable expense, and made the following report, which
was at that time published in the "Florida Mirror," to-wit:

THE OCLAWAHIA.
Messrs. Editors :-Dispensing with the customary preface, and
special pleading in such eases, I deferentially submit to your dispas-
sionate consideration, and by you, to all who may feel an interest in
the matter, a succinct synopsis of an exploring expedition, recently
undertaken by me, in order to ascertain the practicability and prob-
able expense of making the Oclawaba navigable for steamboats,
from its mouth to Silver Springs. The length. between these two
places is about one hundred and five miles, comprising six hundred
sinuosities. The number of snags or logs in the water, is sixteen
hundred and thirty five; and the number of trees leaning over it, (ex-
clusively of a great many bushes,) is two thousand seven hundred
and ninety-four. The number of runs or branches from and weak-
ening the main channel, is seventy-four. The cause of these branches,
or veins, is attributable to fallen trees, and rubbish, damming the ri-
ver in many places, thereby forcing considerable portions of the wa-
ter from its natural course, into other runs, which, after meandering
for short distances through the swamps, rejoin and improve the pa-
rent artery. This is especially the case at each of the places desig-
nated, respectively, as the Dardenels-the Upper Narrows, and
Lower Narrows, which would have to be widened. The other im-
pediment is the Rocky Shoal, one hundred and fifty yards in length.
Many of the acute angles, or elbows, of the river windings being of
alluvial deposit, of recent formation, and over grown only by fragile
shrubs or aquatic plants, are susceptible of cheap and easy improve.
ment, and of course, the river navigation in proportion. Such is a
specification of the obstructions to the Oclawaha navigation. An
estimate of the expense of removing them I make on the following

hypothesis. Some of the snags are of huge dinilhsions, would have
to be sawed under water into several pieces, and their removal cost
tell dollars each in consequence: the greater number would cost only
one dollar, admit their removal then to cost $2 50 each on an ave-
rage. The leaning trees would all inevitably fall into the river after
being cut, unless prevented by trouble and expense that would exceed
their clearing away after allowing them their natural propensities.
Allow the removal of these to cost $2 each. One hundred and fifty
yards of rock, by ten yards wide, and one yard deep, equal to fifteen
hundred cubic yards to be blasted and quarried tnder water would
cost $1 50 per cubic yard. Three hundred and thirty yards in,
length, of the Narrows to be widened five yards, and deepened two,
equal thirty-three hundred cubic yards of earth, over-grown by gi-
gantic cypress trees, and partly submerged in water, the excavation
of which would cost $1 per cubic yard. Pile-driving in and stop-
ping the heads of seventy-four runs or outlets, at $25 per head. Cut-
ting away one hundred and twenty sharp elbows say at $10 each.
RECAPITULATION ;
1635 snags, $2 50 each$ $4,087 50
2794 leaning trees, 2 00 5,588 00
1500 cubic y'ds. of rock, quarrying, 1 50 per yard, 2,250 00
3300 cubic y'ds. excavation of earth
with roots, &c., 1 00 3,300 00
74 heads of outlets, stopping, 20 00 each, 1,480 00
120 elbows, clearing, 10 00 1,200 00

$17,905 50
Nearly $170 00 per mile.
No doubt a less suml than this would sufficiently improve the nav-
igation for boats of appropriate build, under the skilful vigilance of
a pilot well acquainted with the river. But to make the navigation
easy, safe and permanent this sum would be indubitably required
for steamboats of 70 feet keel, 20 beam, and of 4 feet draft.
Upon consultation with those who are well acquainted
with the navigation of this river, whose practical knowledge
of the course of the water in overflowing the banks of the
fiver and in whose judgment I have every confidence, I am
satisfied the said reportand estimates made by Mr. Irwin
Streas: good and as well adapted to accomplish the object as
-any new survey and estimates would be, if not better.
iItis';doibtful whether this work can be accomplished by

-'ffcr of remiuneration in lands, and if it could bc it is ques-
tionable whether it would be economy to the State. If the
lands are enhanced in value by the improvement, the State
fund will be so much increased thereby, which would be so
much better than having speculators reap the benefits thcre-
bf. I therefore recommend the adoption of the plan of work
suggested by Mr. Irwin, ti be extended to Lake Apopka ;
that an appropriation be made therefor and the Board of
Trustees authorized to put out said Work by contract to the
lowest bidder.
IINITAI AND ST. TOIIN']S RIVER CANALi
I would call youi-attentidh to the very able report of the
Hon. Wm. A. Forward, chairman of the Board of Canal
Commissioners of Indian and St. Johns river Canal, which
is herewith annexed.
The Canal is named in the 4th section of the Iinternal Im-
provement law as a proper object to be aided from the In-
ternal Improvement Fund, and the 17th section indicates the
amount of said aid and the conditions under which it is to be
derived. By reference to the report of the chairman, it will
be seen that the Board of Commissioners have complied, on
their part, with all the requirements of the law and only
await the action of the Trustees to enable them to commence
the work. The Canal is regarded by those in whose judg-
ment I confide as not being second in importance to any
work contemplated by the Internal Improvement system,
and worthy of the fostering care of the State. The most of
the Internal Improvement Fund comes from the Peninsula
of Florida, and the region in which it is proposed to con-
struct the Canal lays ho claim to a railroad.
THE TRUST FUND.
This Fund is pledged to pay the interest as it may become
due on all the bonds issued by any Railroad Company con-
structing any portion of the several lines of road indicated in
the 4th section, under the provisions of the Act to provide

for and encourage a liberal system of Internal ILnproveniontA
in this State," at the rate of ten thousand dollars per mile,
for the purchaseof iron rails, spikes, plates, chairs and equip-
ments, whilst in progress of construction, and after comple-
tion,'should any of the Companies fail to supply the interest
upon their bonded debt from the net earnings of the traffic of
their roads-(See sections 3, 4, 8, 13, 27, Int. Imp. law.)
Thus it will be seen that in any event the entire Trust
Fund is pledged to pay the interest as it may become due on
all the bonds issued by any Railroad Company'(constructing
any portion of the lines of road contemplated,) under the
provisions of the Internal Improvement law.
That the ten or twelve million acres of land which con-
stitute the Internal Improvement Fund are intrinsically of
great value will not be questioned, but whether the Trustees
will be able to meet promptly the interest as it may become
due upon the bonds issued under the provisions of the Inter-
nal Improvement law, is problematical. It was doubtless
the opinion of the framers of the law that the Trust Fund
would prove amply sufficient to meet promptly all drafts up-
on its treasury incident to the construction of the several ob-
jects of internal improvement therein named; and it will
prove more than sufficient if it can be made available to meet
the rapidly increasing interest account upon the bonds issued
and being issued to the different Companies under its pro-
visions. These bonds, it is presumed, have chiefly passed
into the hands of third parties, who, in purchasing, relied
upon the good faith of the Trustees to meet their engage-
ments promptly, and the right of the Trustees to continue to
guarantee the interest upon the bonds of the different Com-
panies, without a reasonable probability of being able to pay
the interest as it may become due, involves a high moral
question at least. Besides, equity and justice demands that
the Fund should be so husbanded, if possible, as not only to
be able to meet promptly its present liabilities, but to extend
lhso the same facilities in the construction of the unfinished

portions of the several lines of road contemplated by law
that have been enjoyed by the different Companies up to
the present. The unfinished lines of road constitute, in the
judgment of many, as important a feature in the system, and
will confer as great benefits to the citizens in the districts of
country penetrated, and add as much to the wealth and im-
portance of the State, as the.lines of road now in progress of
construction. The Fund is a common one, in which every
.citizen of the State has a direct interest, and the system must
be regarded as incomplete as long as a single mile of road
remains unfinished. That this sentiment will be responded
to by every good citizen in the State I do not entertain a
.doubt, but how it is to be accomplished is a question more
,easily asked than.answered.
Should the Companies of the several lines of road now ra-
pidly approaching a completion be able to supply the inter-
est on their bonded debt after completion, the way is clear.
The assets of the Fund, together with the sums: accruing from
the sale of lands, will perhaps be sufficient to provide the in-
terest as it may become due on all the bonds that can be is-
sued under the provisions of the law to complete every mile
.of road.
The different Companies have now issued (Bridge bonds
included,) above two million of bonds, which amount will
soon be increased to three and a half million, requiring
$250,000 annually for interest-a greater sum than the Fund
.can probably supply, unless the sums accruing from the
sale of lands should increase, or the different Companies
should be able to provide for or very materially aid in the
payment of interest as it may become due. The history of
railroads would seem to preclude the hope of success to all
the different Companies in a sufficient degree to enable them
at first to provide the sinking fund and interest upon the4
bonded debt from the net earnings of the traffic of Aks.r
roads, and any considerable failui on their part to makp
such provision, or increased issuance of bonds by the Com-

panies, would very soon exhaust the treasury of the Trust
Fund and bring discredit upon the guaranteed bondsto such
extent as to render them unavailable in the construction of
the unfinished lines of road.
I may have presented the dark side of the picture, but the
subject is one of great importance, affecting the vital inter-
ests of the State, and should be carefully examined in all its
bearings, and such action had as will most certainly enable
the Fund to accomplish successfully every object of Internal
Improvement contemplated by the law, and meet promptly
all obligations incident thereto.
As a means of accomplishing this desirable end, I would
respectfully suggest that the Legislature instruct the Trus-
tees to receive the bonds of the several Railroad Companies
that have- accepted the provisions of the Internal Improve-
ment law, upon which the interest has been guaranteed by
them under its provisions, for any lands belonging to the
Trust Fund, at the prices now fixed, three months notice of
said intention having been given through the principal
newspapers in the different sections of the State. As before
stated, the lands are now pledged for the payment of in-
terest whilst the roads are in course of construction, and,
after completion, should the companies be unable to supply
the interest upon their bonds from the net earnings of the
roads. Should the -companies be unable to provide the in-
terest, all sums which may accrue from the sales of land,
&c., will be absorbed in payment of the same, the com-
panies assigning stock to the Trustees for the sums thus
paid. The lands are variously rated at from one to ten dol-
lars per acre, and should the least valuable be selected, it
would only require about three million acres to take up all
the bonds that may be issued by the different companies for
the several lines of road now rapidlyapproaching comple-
tion, and would leave still nine million acres of land to the
Trust Fund. Could the Trustees exchange lands for the
bonds of the different companies upon the terms above indi-

cated, all sums accruing from the sales of land, together
with the net earnings of the roads, deducting one per cent,
for sinking fund, would perhaps constitute a fund adequate,
to provide the interest for every mile of road, as contem-
plated by the Internal Improvement law. The officers of
the several companies should be required to report to the
Trustees semi-annually, under oath, the operations of the
roads, and to pay into the treasury of the Trust Fund one
per cent. for the sinking fund and the interest upon their
bonded debt, provided so much be realized from the net
earnings of the roads, in accordance with the provisions of
the law, and assign to the Trustees stock from time to time
for all deficiencies that may occur from non-payment of in-
terest upon the bonds of the companies held by the Trus-
tees.

CODIFICATION OF THE LAWS,
I desire to call attention of the General Assembly to the
condition of the statute law of the State. The several Legis-
latures since the compilation of Thompson's Digest, in the
year 1847, have made additions and amendments of the
most important character to our statutes, and laws have
been repealed and re-enacted in such a manner as neces
sarily to produce confusion. These statutes, moreover, are
scattered throughout a number of pamphlets in a most in-
convenient and inaccessible form, so that it requires the
most diligent research and much legal knowledge to ascer-
tain what our statute laws are on many subjects of impor-
tance, if indeed such information can be satisfactorily ob-
tained at all. This is undoubtedly a great evil. One of the
first objects of the government under our political system
should be to make the laws plain and easily accessible to
the whole body of the people. On this depends the proper
administration of justice, the regularity of legal proceedings
and the direction and security of the people in their busi-
ness transactions. From these considerations I am im-

pressed with the necessity of a new digest, or a digest and
code of laws for our State. A digest of our existing statutes
is necessary at this time, and as a codification of our laws
would cost but little more and be of much greater advan-
tage, I suggest that it would be decidedly preferable to com-
bine the two objects, if such can be done. The old statutes
of the Territory and State are in many respects defective,
both as to form and substance, and a regular, consistent and
simple code, based in principle and policy on our existing
statutes, could be substituted for them with much advan-
tage. I believe that most of the other States have adopted
this method and found it of the greatest utility. The bene-
fits of such a revision and compilation will be experienced
most, perhaps, by the body of the citizens and the numer-
ous subordinate officers of the government throughout the
State, though to the-higher judicial, legislative and execu-
tive functionaries it must be of great use and convenience.
Such a compilation can be made on a concise and economi-
cal basis, and I know of no object for which the same
amount can be expended more to the benefit of every indi-
vidual member of the State. I ask your attention to the
subject at this time, because postponement will but increase
the difficulty and expense of that which must ultimately be
done, and prompt attention to the matter will prevent much
embarrassment, uncertainty and confusion, which is inevi-
table in the present condition of our statutes.

LUNATIC ASYLUM.
In my annual message I invited your attention to the
subject of a Lunatic Asylum in language as follows: I am
advised that there are at the present time several insane per-
sons in the State who will probably be sent off to asylums
in other States as soon as the requisite judicial proceedings
-are had. Some of these persons have estates adequate to
the expenses of their maintenance, but others are destitute
and must be chargeable to the State. It is due to the State

and to humanity that some more permanent provisio*t
should be made for this unfortunate class of persons, and to
this end I have consulted some experienced mechanics, and
have been advised that a building of suitable dimensions
for the accommodation of 35 or 40 subjects may be erected
and completed in the most desirable manner for about
twenty thousand dollars, (.$20,000,) and that it may be so
constructed as to admit of enlargement by the erection of
other buildings as may be necessary or desired. I there-
fore earnestly recommend that the initiatory steps be at once
taken, by the passage of an act providing for the erection of
a building which mayform the nucleus of a well-appointed
asylum, adequate to the wants and comfort of this class of
the afflicted of our own State; that it be provided in such
act that such lunatics or insane persons as have estates ade-
quate to their maintenance be charged therewith, at such
rate as the General Assembly may think just and right, and
that the State be charged with the maintenance of such only
as are destitute." The current annual expense for the main-
tenance of lunatics in other States is $2,636 61, which is
equal to the interest on thirty-seven thousand six hundred
and sixty-five dollars 85 cents, ($37,665 85,) at 7 per cent.
As this item is gradually increasing, it would be better, on
the score of economy even, to provide a suitable building
for this unfortunate class of persons in our own State. I
earnestly recommend this subject to your serious attention.
FEDERAL RELATIONS.
Prominent among the purposes for which the Union was
formed and its Constitution ordained," as announced by its
patriotic founders, was to insure domestic tranquillity."
As regards this purpose, passing events go to show that'the
work of the statesmen of 1787 is likely to prove a melan-
cholyfailure. Does the Union insure," does it any longer
promise otherwise than in words of mockery "to insure"
to the Soithern States of the confederacy, domestic tran.
quillity ?"

ts it not manifest that in the bosoms of the members of thd
party now dominant throughout the North, all fraternal feel-
ing towards us of the South is entirely dead ? When re-
ninded of their constitutional obligations, obligations fixed
Upon them alike by the letter and spirit of the Constitution,
they appeal to a "higher law." Having virtually annulled
the written compact, there is no question that they would
proceed to withdraW from the Union but for the fact that,
along with great pecuniary advantages, it furnishes them
facilities which they would no# otherwise enjoy for the prose-
cution of their designs against the institutions of the South.
That these hostile designs will continue to be prosecuted,
so long as the confederacy lasts, would'seem to be as certain
as any thiug of the future. No less than this has been pub-
licly-avowed by one having authority to speak, in language
which admits of but one construction. The northern states-
man, most honored and trusted by his section, and whom
that section manifestly intends to place at the head of the
,General Government, instead of the tranquillity which the
Constitution guarantees us, has proclaimed an "irrepressible
conflict," which means andcan mean nothing but war from
generation to generation upon that institution which lies at
the basis of southern prosperity, power, civilization and hap-
pinss,. As .a sequel to that announcement, following in the
due order -of events, comes the development, not without
bloodshed, of a plot concocted in the North for the liberation
of the slaves of the South by a general insurrection,
There can be no doubt that the so-called Republican party,
comprising a majority of the Northern people and thus to
all intents constituting the North, are responsible for John
Brown's scheme of mingled villainy and folly. That party,
the Northerli people by the, elections which have occurred
siice the Harper's Ferry catastrophe; exhibit an unmistakable
putpose of continuing in power.
It-two grt ~engines of influence, the press and the piilpit,

tre daily becoming more insulting and aggressive towaids
our institutions and people. What else, then; have we to
expect, while the U iion continues, but the repetition, no
one can say when, where, how often, or with what bloody.
issues, of attempts like that lately thwarted in Virginia ?
It is worthy of a passing thought, that though African
slavery is no longer an institution of most of the leading
powers of Christendom-several of them, in whose domin-
ions it once existed, having abolished it-yet none of them
show any disposition to interfere with its existence here:
The only States, that threaten our peace, are States united
with us by that bond of Union, the Constitution, designed
to throw its regis of protection over all.
Great Britain, much as she has done and suffered in the
cause of abolition, and though her flag waves over her:owil
soil nearly within sight of the southern coast of Florida,
attempts nothing for the disturbance of our repose. She
knows too well, and recognizes too fully, the obligations of
International comity. We neither fear her, nor have rea-
son to fear her. Our aggressions come from. quite other
than foreign sources. They come from men who madly
think, that because connected with us in our Republics
they are answerable for our sins, and authorized, by virtue
of this responsibility, to wage a war of extermination a-
.gainst our Institutions.
You will find no difficulty in perceiving the drift of
these reflections, nor do I consider it becoming either in
myself or the occasion to deal in language of doubtful im-
port.
True, Florida, as the youngest and least populous of the
Southern sovereignties, can only follow in action the lead
of her sisters, yet this constitutes no reason why, at a time
demanding the freest conference and frankest expression
among those joined by a common destiny, she should
.remain silent. I believe that her voice should be heard in
" tones not loud but deep," in favor of an eternal separa-

tion from those whose wickedness and ianaticism forbid" u'
longer to live with them in peace and safety. There are-
good grounds for the hope that most of the Southern States.
will not consent to see the General Government pass into
hands avowedly hostile to the South. If such is their pur-
pose, it is not unlikely that they will prepare for the emer-
gency of the approaching Presidential election.
What, if any, steps will be necessary, on your part, to
provide -for Florida's co-operation with them in the contin-
gency suggested, I leave for the wisdom of the Legislature
to determine.
MILITIA AND PATROL LAWS.
In this connexion I deem it proper to call yourattention
to the disorganized state of the Militia and inefficiency of
the Patrol Laws.
By examining the Patrol laws of the State it will be found
that they are based upon a military organization. In the
absence of the Captain of a Company, the duty imposed
upon him is devolved upon the magistrate, yet, it will be
seen at a single glance that the whole scheme and plan of
patrol wasbased upon the idea of a military organization.
The Legislature at an early day passed laws oi-ganizing
and regulating the Militia, but from some cause the whole
scheme proved a failure. It is not intended to be sugges-
ted that our State should be converted'into a military camp,
or that our citizens should be harassed by needless drill
and exercise. But it is highly proper in view of passing
events that the militia should be. thoroughly organized,
armed and officered to be able to render efficient service in
cases of sudden and pressing emergency. The ordinary
civil patrol authorized by law would be sufficient for com-
mon occasions ; but emergencies might unexpectedly occur
requiring,the aid of the military, and for such emergencies
we should not be wholly unprepared. Our State has been
so far happily exempt from those frightful tragedies enac-
ted elsewhere, but the same elements of mischief exist

nmoncg us, and our peace and security may be disturbed by
the same causes which have operated in other places. Such
apathy and indifference has been manifest in relation to
the laws regulating and governing the militia that I am at
a loss to suggest a course by which the evil would be rem-
edied.
But in view of the pressing emergency for a thorough
organization, I would respectfully recommend that all the
militia offices in the State be vacated, that the Governor
be required to order an election at an early day to fill every
militia office in the State, that he be empowered to fill by
appointment all vacancies that might occur by a failure of
the citizens to elect, and the officer or officers thus appoin-
ted, to be compelled to serve under penalty, for twelve
months from the date of said appointment. In order to en-
courage the organization of volunteer companies through-
out the State, I would recommend that provision be made
by which all persons subject to militia duty might commute
the same by the payment of a per capital tax annually,
which sums should constitute a fund to arm and equip the
volunteers companies; provided said companies should
.drill at least twelve days in each year.
The laws governing the militia should be so amended as
,to insure a summary collection of all fines imposed by
courts martial, and should apply to the volunteer compa;
nies as well as the militia.
Desiring that your actions may redound to the public
good, I invoke the blessings of Divine Providence upon
your deliberations. M. S. PERRY.

On motion of Mr. Baker, the further reading of the message was
dispensed with, and one thousand copies of the same ordered to be
printed, and that so much of the same as refers to the several mat-
ters as to which there are Standing Committeds of the Senate, be re-
spectively referred to the said committees.
Mr. Baker gave notice that on some future day he would ask
leave to introduce the following Bills and Resolutions:

A bill to be entitled an Act amendatory of the several Acts of
'force in this State in relation to dower;
A bill to be entitled an Act amendatory to the several Acts of
force in this State as to free negroes 'or persons of color;
A bill to be entitled an Act to establish the Offices and Courts of
Vice Chancellor in the several counties of this State, and define the
duties thereof;
A bill to be entitled an Act to provide for the publication of a
Digest of the English Statutes of force in this State;
A bill to be entitled an Act to provide for the publication of ex-
tra copies of the Statutes and Journals of the several Sessions of the
State Legislature and for the sale of the same by the several Judges of
Probate in this State;
A bill to be entitled an Act to punish trespassers upon the Over-
flowed and Swamp Lands of this State, and requiring the several
Solicitors of this State to institute suits for trespasses already com-
mitted ;
Joint Resolution for the relief of Gen. Benjamin Hopkins, and
other persons therein named;
Joint Resolution for the relief of Spencer L. Thomas;
Joint Resolution for the relief of William Newborn, a soldier of
the War of 1812-'14; and,
Joint Resolutions repealing and repudiating the Resolutions here-
tofore passed by the Senate, December 28th, 1847 ; passed by the
House, December 29th, 1847, and approved Decemder 30th, 1847,
On motion of Mr. MeElvy, the Messenger was instructed to fur-
nish each Senator with a printed copy of the Standing Committees
and Rules of the Senate and of the Joint Rules of the two Houses
of the General Assembly.
The following message, with the accompanying documents, was
received from his Excellency the Governor:
EXECUTIVE DEPARTMENT,
Nov. 29th, 1859.
Gentlemen of the Senate and I'ouse of Representatives :
I communicate herewith a copy of resolutions passed by the Leg-
islature of Georgia, and copies of letters dressed to the Executive of
this State, and to Col. D. C. Campbell, who has been appointed to
confer with me in reference to the difficulties growing out of the un-
adjusted bouneary line between Florida and Georgia.
I have not hesitated to express to Col. Campbell, in a reciprocal
spirit, my desire to maintain a good understanding and friendly re-
lations between the people of the two States, and to assure him that
this Department will not fail to adopt such measures as may be need-
ful to prevent any difficulties that may be apprehended on the bor-

der. Under the resolutions of the last session ratifying the action
of the Executive of the two States, in adopting the terminal points
of the present recognized line, I have appointed a competent Sur-
veyor to unite with a Surveyor on the part of Georgia, in running
and marking the line between the two States. It is therefore expect-
ed that all ground of difficulty will be removed at an early date, and
the controversy which has heretofore existed be finally put to an
end.
It is, however, apprehended that in the final establishment of the
line, litigation may arise in respect to the title of land, which may
fall within the jurisdiction either of Georgia or Florida, and I am as-
sured that with respect to any litigation which may occur in Geor-
gin, the Executive of that State will recommend to the General As-
sembly such legislation as may be necessary to perfect titles in the
hands of bona-fide holders. I would.respectfully recommend to your
favorable consideration such action as you may deem best to effect
a similar purpose so far as this State has any jurisdiction over the
subject.
I would, however, suggest, that in all probability, if any land shall
fall within the jurisdiction of this State, in the final designation of the
line, the title would more properly attach to the United States, in
which event this State could do no more than unite with Georgia in
an application to the Federal Government for the adoption of such
measures as would most effectually secure the end desired. With re-
spect to any Criminal Prosecutions that may grow out of conflicts be-
tween those residing in the disputed territory, I deem it proper to ob-
eerve that I shall be animated by the same spirit, and pursue the same
course, if need be, proposed by the Executive of Georgia; and if the
General Assembly shall deem it necessary to clothe the Executive
with further power for that purpose, I respectfully recommend the
proper action to that end.
Very Respectfully,
M. S. PERRY.

(corP.)
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA, Nov. 23d, 1859.
His Excellency MADISON S. PERRY,
Governor of Florida.
Dear Sir :-Allow me to introduce to you, the bearer of this,
Col. D. C. Campbell, of this city. Col. Campbell has been appoint-
ed by me, a special agent on the part of this State under a resolu-
tion of its General Assembly, to visit and oonfer with you in relation

to existing and anticipated difficulties growing out of the unadjusted
question of the boundary line between the States of Georgia and
Florida.
The resolution under which he is appointed will be shown to you
by him.
It evinces as you will perceive the solicitude of Georgia for the
maintenance of good neighborhood between the two contiguous
States, and her determination while the boundary remains unadjus-
ted, to do all in her power to repress agitation and prevent excite-
ment.
The agent on the part of the State will submit to your sugges-
tions, emanating from this Department, and will cordially entertain,
and to the extent of his authority act upon any, that may be sub-
mitted by you.
Entertaining the hope that the result of this agency will prove
beneficial to the interests of both States,
I am very respectfully,
Your obedient servant,
JOSEPH E. BROWN.

(copy.)
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GA., Nov. 23rd, 1859.
To Col DAVID CAMPBELL :
Sir-In pursuancce of a Resolution of the Genral Assembly, un-
der which you have been appointed a Special Agent to visit Talla-
hassee and confer with the Executive of Florida, you will at your
earliest convenience enter upon the duties confided to you. You
will express to the Governor of Florida the solicitude of the General
Assembly of Georgia, and of this Department, to maintain uninter-
rupted the kindly relations that have heretofore existed between the
people of the two States, and which unfortunately have recently been
disturbed in certain sections, growing out of the unadjusted bounda-
ry line that divides them.
You can tender to him the assurance that every effort in the pow-
er of this Department will be put into exercise, not only to have the
boundary line settled as early as practicable, but to prevent, till that
,object shall be accomplished, any of the difficulties or animosities
that may be apprehended among the people residing in that region
through which tht line of boundary may ultimately be established.
To this end you can assure his Excellency that should litigation take
place in the Courts of this State, in relation to lands under Florida
grants,. which, when the boundary line shall be designated, shall

fall under the jurisdiction of Georgia, that this Department will re,
commend to the General Assembly of this State, such legislation as
may be necessary to perfect titles in the hands of "bona fide" hold-
ers; and you can also assure him that should criminal prosecutions,
growing out of conflicts between those residing in the disputed ter-
ritory be instituted in any of the Courts of Georgia, that this De-
partment will request.tlat nolle prosequis be entered.
You will ask the Executive of Florida, on his part, to reciprocate
these efforts to maintain peace and good order among the border-
ers and protect titles in bona fide land owners. In short, you will
confer fully with the Governor of Florida in relation to all existing
and anticipated matters of controversy among the borderers, ascer-
tain his views in regard to the best mode of quieting, removing, or
preventing them, and freely pledge the co-operation of the authori-
ties of Georgia in all reasonable efforts to accomplish objects so de-
sirable.
The result of your mission you will report to this Department.
Very respectfully,
Your obedient servant,
JOSEPH E. BROWN.

(coPr.)
Whereas, There is likely to occur serious border difficulties between
the citizens of Georgia and our sister State of Florida, on account
of a conflict of jurisdiction of the Courts of the two States, involv-
ing the sovereignty of said States and, whereas, it is incompati-
ble with the character of the two Governments between which
the most friendly relations should exist, that any collision should
occur between the citizens thereof;
Be it resolved therefore by the General Assembly, That the Gover-
nor be authorized to appoint a Special Agent to visit Tallahassee,
the Seat of Government of the State of Florida, to confer with the
Executive of the said State of Florida, and to enter upon such nego-
tiations as will restore quiet, and prevent blood-shed between the
citizens of said States, until the boundary line of said States is ad-
justed and agreed upon.
I. T. IRWIN,
Speaker of the House df Representives.
S. L. GUERRY,
President of the Senate.
In Senate, read and agreed to, November 17, 1859.
FRED. H. WEST,
Secretary of Senate.

to House of ilepiesentative, November 19, 1859.
JAMES L. DIAMOND,
Clerk House of Representatives.
Assented to November 22, 1859.
JOSEPH E. BROWN, Governor.

STATE OF GEORGIA,
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, Nov. 23rd, 1859.
I, Henry H. Waters, Secretary of the Executive Department, do
hereby certify that the within and foregoing is a true and perfect
copy of an original Joint Resolution, framed by the General Assem-
bly of this State, and signed in this Department, on the 22nd day
of November, 1859.
Given under my hand and the seal of the Executive Depart-
[L. s.] ment, the day and year first above, written.
H. H. WATERS,
Secretary Executive Department.
Which' was read.
Mr. Lamar introduced a resolution relative to the establishment of
of the boundary line between the State of Georgia and the State of
Florida.
Mr. Baker moved that the Joint Resolutions as to the boundary
li' between the State of Georgia and the State of Florida together
wih the Message and Documents received by the Senate from the
Governor be referred to the Committee on Federal Relations; and
that eighty copies of the saie be ordered to be printed;
Which was carried.
The President presented the invitation of the Managers of the
Odd Fellows' Ball to the Members and Officers of the Senate; and
On motion of Mr. Hawes, the invitation was accepted with the
thanks of the Senate.
The following Message was received from his Excellency the Gov-
ernor, which was read:
EXECUTIVE DEPArTMENT,
TALLAHASSEE, Nov. 29th, 1858. f
Hon. JOHN FINLAYSON,
President of the Senate:
Sir :-I respectfully recommend the following nominations for
the advice and consent of the General Assembly :

William D. Maclay and George Brockenbrough, Weighers of Cot-
ton for the city of Apalachicola.
Very Respectful -,
M. S. PERRY.
On motion of Mr; Eppes, the nominations therein made were con=
curried in.
On motion, the Senate adjourned until tc-morrow m6oring at 11
'o'clock.

-0-

WEDNESDAY, November 30, 1859.

'Senate met pursuant to adjournment.
A quorum present.
The journal of yesterday was read fnd approved'.
Notice was given of intention to ihtfoduce at sone future day the
following bills i
By. Mi. Keitt:
A bill to incorp6 ate the town 'f Ocala.
By Mr. McCall:
A bill to be entitled an Act to correct an error in the printed bill
'entitled an Act to incorporate the City of Lake City;
A bill to be entitled an Act to authorize William J Tucker, a mi-
hor, to manage his 6wn estate;
A bill to be entitled an Act to change the name of Sarah Keziah
-Johnson, to Amelia Ann Emeline Johnson;
A bill to be entitled an Act to change the boundary line between
Columbia and Suwannee counties.
By Mr. Lamar:
A bill for the relief'of Andrew J. Moore and Wmi Dilworth.
By Mr. Hawes:
A bill to be entitled an Act to empower the Trustees of the In-
ternal Improvement Fund, to improve the navigation 'of the Ockla-
'waha river, in this State.
Pursuant to previous notice, Mr. Eppes introduced the following
bill, which was placed among the orders of the day:
A bill to be entitled an Act to amend an Act concerning dower.
Pursuant to previous notice, Mr. Baker introduced the following
bills and resolution, which were placed among the orders of the day:
A bill to be entitled 'an Act for the relief of Benjamnin Hopkins,
and others;

A bill to be entitled an Act to organize the Court of Vice-Chan-
cellor of the State of Florida; and
Joint resolutions repealing and repudiating the resolutions passed
by the Senate, December 28th, 1847, passed by the House, Decem-
ber 29th, 1847, and approved December 30th, 1847, as to the Wil-
mot Proviso.
Pursuant to previous notice, Mr. Lamar introduced the following
bill, which was placed among the orders of the day:
A bill to be entitled an Act to amend an Act to permit free per-
sons of African descent to select their own masters, and become.
slaves, approved January 15th, 1859.

ORDERS OF THE DAY.

A bill to be entitled an Act to amend an Act concerning dower;.
Was read the first time, and placed among the orders of the day,
for to-morrow.
A bill to be entitled an Act to organize the Court of Vice-Chan-
cellor of the State of Florida;
Was read the first time, rules waived, road a second time, and one
hundred copies ordered to be printed.
A bill to be entitled an Act for the relief of Benjamin Hopkins,
and others;
Was read the first time, and on motion, was passed over infor-
mally.
A bill to be entitled an Act to amend an Act to permit free per,
sons of African descent to select their own masters and become
slaves, approved January 15th, 1859 ;
Was read the first time, rules waived, read a second time by its
title, and one hundred copies ordered to be printed.
Joint resolutions repealing and repudiating the resolutions passed
by the Senate, December 28th, 1847, passed by the House, Decem-
ber 29th, 1847, and approved December 30th, 1847, as to the Wil-
mot Proviso;
Was on motion, the rules being waived, read first and second times
by its title, and one hundred copies ordered to be printed.
The following bills were read the first time, and placed among the
-erders of the day for to-morrow :
House bill to be entitled an Act to amend the laws now in force
in this State, relative to ejectment suits;
. House bill to be entitled an Act to authorize Samuel Elliott to es-
to establish a ferry across the bay from Atseena-Otie, to a point
hitherto called Ways Key, now known as the western terminus of
the Florida Railroad and designated as Cedar Key; and
House bill to be entitled an Act to establish common schools and

to repeal certainn acts in relation thereto,'approved January 1st, 1853.
On motion, the Senate adjourned until 11 o'clock to-morrow
morning.

-------

THURSDAY, December 1st, 1859.

'Senate met pursuant to adjournment.
A quorum present.
Rev. Dr. DuBose officiated as Chaplain.
On motion of Mr. Eppes, the reading of yesterday's journal was
dispensed with.
Notice was given of intention to introduce, at some future day,
the following bills:
By Mr. Eppes :
A bill to be entitled an Act to provide for the attendance of slave
,witnesses in capital cases.
By Mr. Lamar:
A bill to be entitled an Act to authorize guardians, adiinistra-
tors and executors, to invest the moneys of wards, testators and in-
testates of Leon county in the Railroad bonds of said county.
By Mr. McElvy:
A bill to be entitled an Act to change the manner of swearing
Petit Jurors, in this State; and
A bill to be entitled an Act to authorize William F. Green to con-
tract and be contracted with.
By Mr. Keitt:
A bill to be entitled an Act to establish a Ferry across the Ock
lawaha River.
By Mr. Dell:
A bill to be entitled an Act to authorize Spencer Price to estab-
lish a Ferry from Atseena Otie to Way Key, at the western termin-
us of the Florida Railroad, and thence to No. 4 on the main land.
By Mr. McCall:
A bill to be entitled an Act to correct an error in the printed bill
to be entitled an Act to create the Counties of New River and Su-
wannee.
Mr.. McElvy moved that the Messenger be instructed to furnish to
the Chairman of each of the Standing Committees of the Senate,
Thompson's Digest, and the pamphlet Statutes of the several Ses
sions of the General Assembly up to the present time.

On motion of ME Lamar, the motion was adopted.
On motion of Mr. Eppes, Dr. Fisher, the Senator fiinm the 2nd
district was granted leave of absence for ten days from to-day.
Pursuant to previous notice, the following bills were introduced
and placed among the orders of the day:
By Mr. Lamar:
A bill to be entitled an Act for the relief of Andrew J. Moore and
Wm. S. Dilworth.
By Mr. McQueen.:
A bill to be entitled an Act for the relief of Noah P. Suggs, of
Lafayette county; and
A bill to be entitled an Act to authorize Geo. W. Martin to es-
tablish a Ferry across the Suwannee river at Fayetteville.
By Mr. McCall:
A bill to be entitled an Act to correct an error in the printed bill
entitled an Act to incorporate the city of Lake City;
A bill to be entitled an Act to change the boundary line between
Columbia and Suwannee counties;
A bill to be entitled an Act to change the name of Sarah Keziah
Johnson to. Amelia Ann Emeline Johnson; and
A bill to be entitled an Act to authorize Win. J. Tucker, a minor,
to manage his own estate.
By Mr. McElvy:
A bill to be entitled an Act in relation to Courts of Probate in
this State.
By Mr. Baker:
A bill to be entitled an Act in relation to dower
A bill to be entitled an Act to organize the Court of Vice-Chan-
cellor of the State of Florida; and
A bill to be entitled an Act in relation to evidence.
Mr. McElvy presented the petition of sundry citizens of Gadsden
county, praying the annexation of a portion of the eounty'of Liber-
ty to the county of Gadsden;
Which, on motion, was referred to a special committee of three,
consisting of Messrs. McElvy, Eppes and McQueen.
The following message was received from the Treasurer:
TREASURY DEPARTMENT, TREASURY OlWICE.
TALLAHASSEE, NOV. 28, 1859.
Hon. JoHN FINLAYSON,
President of the Senate.
Sir :-Agreeable to an Act of the last Assembly requiring that
two Committee Rooms be provided in the basement of the Capitol,
I herewith hand the key to the Senate Committee Room.
Yours respectfully,
C. II. AUSTIN, Treasurer.

Which was read; and
On motion, referred to a select committee consisting.of Mfcssrs,.
Baker, Eppes and Baldwin.
Mr. Baker moved that a Joint Committee of three be appointed
from the Senate, to meet a similar Committee from the House to
enquire into, and to report as to the present situation and condition
of the State Library, and how far the Act as to public property, ap-
proved January 15th, 1859, has been complied with.
Upon the adoption of said notice, the yeas and nays were called.
for by Messrs. McCall and Eppes;
Upon which the vote was :
Yeas-Mr. President, Messrs. Baker, Baldwin, Dawkins, Dell,
Eppes, Eubanks, Fisher,. Jones, Keitt, Lamar, McCall, McElvy, Mc-
Queen and Walker-15.
Nays-Messrs. Hawes and Welch-2.
So -said motion was carried, and Messrs.. Baker, Baldwin and
Eppes were appointed on said Cnmmittee.
Mr. Eppes introduced the following Joint Resolution:
Resolved by the Senate and House of Rebresentatives of the State
of Florida in General Assembly convened, That this General Assem--
bly do adjourn sine die on the 17th day of December, inst..
Which was read and passed over informally until Tuesday next.
The Committee on Enrolled Bills made the following report:
The Committee on Enrolled Bills report as. correctly enrolled an
Act to extend the time for collecting taxes in this State.
L. G. MoELVY, Chaiiman.

ORDERS OF TIE DAY.

A bill to be entitled an Act to amend an Act concerning dower ;
Was read a second time, and ordered to be engrossed for a third
reading on to-morrow.
A bill to be entitled an Act to change the boundary line between
Columbia and Suwannee counties ;
Was read the first time, rules waived, read the second time by its-
title, and ordered to be engrossed for a third reading on to-morrow!
A bill to be entitled an Act to organize the Court of Vice-Chan-
tellor, of the State of Florida;
Was read a second time and referred to the committee on the
Judiciary.
A bill to be entitled an Act to authorize George W. Martin to es-
tablish a ferry across the Suwannee river, at Fayetteville;
Was read the first time and ordered for a second reading on to-
morrow.
A bill to be entitled an Act for the relief of Noah P. Snggs of La-
fayette county;

47

Was read the first time and ordered for a second reading on to-
.'norow.
A bill to be entitled an Act for the relief of Andrew J. Moore and
William S. Dilworth;
Was read the first time and 'ordered for a second reading on to.
"~morrow.
A bill to be entitled an Act to change the name of Sarah Keziah
Jbhnson to Amelia Ann Emeline Johnson;
Was read the first time and ordered for a second reading on to-
ffi'brrow.
A bill to be entitled an Act in relation to dower;
Was read the fAist time and ordered for a second reading on to-
mhbrrow.
A bill to be eiititled an Act in relation to Courts of Probate in
this State;
Was ahead the first time and 'ordered for a second reading on to-
morrow.
A bill to be eiititled an A6t'in relation to Evidence;
Was read the first time andl'rdered for a second reading' on to-
!morrow.
A bill to be entitled an Act to authorize William J. Tucker, a mi-
nor, to assume the management of his own Estate, and to contract
:and be contracted with;
Was read the first time lind ordered for a second reading on to-
morrow.
A bill to be entitled an Act to correet an error in the printed Act
entitled an Act tb incorporate the city of Lake City;
Was read the first time and ordered for a second reading on to-
morrow.
House bill to be entitled 'an Act'to amend the laws now in force
in this State, relative to ejectment suits;
Was read the second time, and on motion, referred to the Com-
mittee on the Judiciary.
House bill to be entitled an Act to authorize Samuel Elliot to es-
tablish a Ferry across the Bay from Atseena Otie to a point hither-
to called Way Keys, now known as the western terminus of the
Florida Railroad, and designated as Cedar Keys ;
Was read the second time and passed over informally.
House bill to be entitled an Act to amend an Act entitled an Act
to establish common Schools, and to repeal certain Acts in relation
thereto, approved Jaunary 1st, 1855;
Was read the second time and referred to the Committee on
Schools and Colleges.
On motion, the Senate adjourned until to-morrow morning 11
o'clock.

FRIDAY, December 2d, 1859'.

senate met pursuant to adjournment.
A quorum present.
Rev. Dr. DuBose officiated as Chaplain.
The Journal of yesterday was read, amended and approved.
Pursuant to previous notice the following bills were introduced
and placed among the orders of the day:
By Mr. McElvy:
A bill to be entitled an Act to authorize William Green to corr-
tract and be contracted with.
By Mr. Sawes:
A bill to be entitled an Act to authorize the Trustees of the In-
ternal Improvement Fund to clear out the channel of the Ocklawaha
river in this State.
By Mr. Lamar:
A bill to be entitled an Act to authorize Guardians, Administra-
tors ahd Executors to invest the moneys of Wards,. Testators and In-
testates of Leon county, in the Railroad bonds of said county.
Notice was given of intention to introduce at some future day, the
following bills:
By Mr. Dawkins:
A bill to be entitled an Act to provide for the payment of costs;
by plaintiffs, in certain cases in the Western Judicial Circuit.
By Mr. Hawes-:
A bill to be entitled an Act to change the dividing line between
the counties of Putnam and St. Johns.
On motion, Mr. Dell was permitted to withdraw the resolution
that all the select committees of the Senate,. appointed at its last
session, be discharged, and that they be requested to hand over to
the Secretary of the Senate, all papers confided to them as such se-
lect committee.
Mr. MeElvy moved that the order for the engrossing of a bill to
be entitled an Act concerning dower, be reconsidered, and the same
placed back upon its second reading, and that it be referred, with all
other bills in relation to dower, before the Senate, to the Committee
on the Judiciary;
Which motion was adopted.
Mr. McQueen introduced without previous notice,
A Resolution to change Mail Route No. 0543;
Which was placed among the orders of the day.
Mr. Lamar from the Committee on Engrossed bills mado the fol-
lowing report:
MR. PRESIDENT:
Sir :-The Committee on Engrossed Bills beg leave to report tle
following bill as correctly engrossed :

A bill to be entitled an Act to change the boundary line between
Columbia and Suwannec counties.
Respectfully submitted,
THOMPSON B. LAMAR,
Ch. Committee on Engrossed Bills.
VWhich was received, and the accompanying bill placed among
the orders of the day.
Mr. Eppes made the following report:
The Committee on Federal Relations to whom was referred a Res-
olution relative to the establishment of the Boundary Line between
the State of Georgia and the State of Florida, together with the spe-
cial message of his Excellency the Governor, and Documents sub-
mitted on the subject.

REPORT:

That they have examined the Resolutions and find the same emi-
nently adapted to adjust and quiet the border difficulties," to which
the Message and Documents submitted by the Governor refers, grow-
ing out of the conflict of jurisdiction between the two States.
They not only meet the suggestions of His Excellency the Gov-
ernor, and harmonize in spirit and letter with the action of the Leg-
islature of Georgia, but promise a settlement at once speedy, while
at the same time, equitable to each State, and just to all bona fide"
settlers in the disputed Territory.
Your Committee therefore recommend their passage.
T. J. EPPES,
Ch. pro tern. Com. on Federal Relations.
Which was received, and the accompanying resolution concurred
in.
Mr. Dell presented a petition from J. D. Godbold, and fifty-five
other citizens of Suwannee county;
Which, on motion, was placed among the orders of the day.
A Committee from the House consisting of Messrs. Williams, In-
gram and Richardson, appeared and informed the Senate, that a
Committee had been appointed from the House to act with a similar
Committee from the Senate to reconsider the subject of our Federal
Relations.
Mr. Lamar moved that a Committee of three be appointed to wait
upon the House, and inform them that thoSenate has appointed a
Committee of five to act with a similar Committee from the House
as a Joint Select Committee on Federal Relations;
Which motion was adopted; and,
Messrs. Lamar, Keitt and Dawkins appointed such Committee.
7

ORDERS OF THE DAY.

A bill to bo entitled an Act to authorize William F. Green, of
Gadslden County, to contract and be contracted with;
Was read the first time and ordered for a second reading on to-
morrow.
Joint resolutions repealing and repudiating the resolutions passed'
by the Senate, December 28th, 1847, passed by the House, Decem-
ber 29th, 1847, and approved December 30th, '1847, as to the Wil-
mot Proviso;
Was read a second time.
Mr. Baker moved that the same be referred to a special joint com-
mittee of five, to meet a similar committee from the House, to adopt
concurrent resolutions expressive of the opinions ot this Legislature,
as to the matters involved.
Mr. Baldwin moved to lay the motion on the table:
Upon which the yeas and nays ware called for by Messrs. Baker
and McCall;
The vote was:
Yeas-Messrs. Baldwin, Dell, Hawes, Jones and Keitt-5.
Nays-Mr. President, Messrs. Baker, Dawkins, Eppes, Eubanks,
Lamar, McCall, McElvy, McQueen, Walker and Welch-11.
So said motion was lost.
The question was upon the adoption of the motion offered by Mr.
Baker;
The yeas and nays were called for by Messrs. Baker and McCall:
The vote was:
Yeas-Mr. President, Messrs. Baker, Baldwin, Dawkins, Dell,
Eppes, Eubanks, IIawes, Jones, Keitt, Lamar, McCall, McElvy, Mc-
Queen, Walker and Welch-16.
Nays-none.
So said motion was adopted, and the joint resolutions referred to
said committee.
By consent of Mr. Baker, the following resolutions offered by Mr.
McElvy, were included in said reference :
1st. Be it resolved by the Senate and House of Representatives of
the State of Florida in General Assembly convened, That not with-
standing the signs of the times as evidenced by the dangerous doc-
trines of leading politicians at the North, asserting the existence of
"an irrepressible conflict" between the two sections of the Union, a'-
companied by the late tr orous attempt to raise a general insur-
rection in the Southern States of this Union, fill us with the most
serious apprehensions and alarm; yet we deem it unwise to pass
any resolutions declaring in advance the course that the State of
Florida will pursue in any emergency.,that may arise.
2nd. Be it further resolved, That as one of the extreme Southern

States, while we preserve a-calm and deliberate silence towards the
North, we desire to assure the slaveholding States bordering on tin
free States, that we look to them as the van guard of our Constitu-
tional rights, and the first to suffer when the "conflict" comes, and
that to all their efforts to stay the tide of aggressions or open
rebellion and invasions, we pledge the support of the people of Flor-
ida by every obligation of a common interest and a common destiny.
Whereupon the President appointed Messrs. Baker, MeElvy, Bald-
win, Lamar and Eppes on said committee.
On motion of Mr. McQueen, rules being waved, the Senator from
Wakulla had leave of absence until Monday next.
A bill to be entitled an Act to change the boundary line between
Columbia and Suwannee counties;
Was read the third time and put upon its passage;
Upon which the vote was:
Yeas-Mr. President, Messrs. Baldwin, Dawkins, Eubanks, Ilawes.
Jones, Keitt, Lamar, McCall, McElvy, MoQueen, Walker and Welch
-17.
Nays-none.
So said bill passed-title as stated.
Ordered that the same be certified to the House of Representa-
tives.
On motion of Mr. Lamar the Senate took a recesss until there o'-
clock, P. M.

THREE O'CLOCK, P. M.

The Senate resumed its session.
A quorum present.
The orders of the day were resumed.
Resolution relative to the establishment of the boundary line be-
tween the State of Georgia and the State of Florida;
Was read the second time, and ordered to be engrossed for third
reoding on to-morrow.
A bill to be entitled an Act to correct an error in the painted bill
entitled an Act to to incorporate Lake City;
Was read the second time and ordered to be engrossed for a third
reading on to-morrow,
A bill to be entitled an Act to authorize William J. Tucker, a mi-
nor, to assume the management of his own estate, and to contract
and be contracted with;
Was read the second time and ordered to be engrossed for a third
reading on to-morrow.
A bill to be entitled an Act in relation to evidence;

Was read the second time, and o0n motion, was referred to the
Committee on Judiciary.
A bill to be entitled an Act in relation to Courts of Probate in
this State;
Was read the second time, and on motion, referred to the Com-
mittee on Jndioiary.
A bill to be entitled an Act to au:lorize Guardians, Administra-
tors and Executors to invest the moneys of Wards, Testators and In-
testates, of Leon county, in the Railroa 1 ends of said county;
Was read the first time, the rule waived, )cad a second time by
its title, and passed over informally to come np on its second read-
ing to-morrow.
A bill to be entitled an Act to change the name of Sarah Keziah
Johnson, to Amelia Ann Emiline Johnson;
Was read the second time by its title, rules being waived, and or-
.dered to be engrossed for a third reading on to-morrow.
A bill to be entitled an Act for the relief of Andrew J. Moore,
and Wmi. S. Dilworth ;
Was read the second time, and, on motion, referred to the Com-
mittee on Claims and Accounts.
A bill to be entitled all Act for the relief of Noah P. Suggs, of
Lafayette county;
Was read the second time, and ordered to be engrossed for a third
reading on to-morrow.
On motion, the rules being- waived,. Mr. McCall introduced the
following bill without previous notice :.
A bill to be entitled an Act to correct an error in the printed bill
entitled an Act to create the counties of Suwannee and New River;
Which was placed among the orders of the day.
A bill to be entitled an Act to authorize Geo. W. Martin to estab-
lish a ferry across the Suwannee river, at Fayetteville;,
Was read the second time and ordered to be engrossed for a third
reading on to-morrow.
A bill to be entitled an Act to authorize the Trustees of the In-
ternal Improvement Fund to clear out the channel of the Oclawaha
river in this State, for the purpose of improving the navigation of
the same, and for other purposes;
Was read the first time, rules waved, read a second time by its ti-
tle, and eighty copies ordered to be printed, and referred to the Com-
mittee on Internal'Improvements.
A bill to be entitled an Act to correct an error in a printed bill
entitled an Act to create the Counties of Suwannee and New River;
Was read the first time and ordered for a second reading on to-
morrow.
A resolution to change mail route No. 6543;

Was read the first time and ordered for a second reading on to-
morrow.
On motion, the Senate adjourned until to morrow morning 10
o'clock.

-o-

SATURDAY, December, 3d, 1859.

The Senate met pursuant to adjournment.
A quorum present.
On motion of Mr. Eppes, the reading of yesterday's journal was
dispensed with.
Mr Welch gave notice that he would at some future day, ask leave
to introduce,
A bill to be entitled an Act to authorize Isaac Broxon and John
W. Broxon, minors, of Holmes county, to assume the management
of their own estates.
Pursuant to previous notice, Mr. McElvy introduced,
A bill to be entitled an act to amend the law allowing appeals
*from the decision of the Boards of County Commissioners in this
State;
Which was placed among the orders of the day.
Mr. Hawes presented a petition from Vandemire Sims and others,
citizens of St. Johns county, to change the line between Putnam and
St. Johns county;
Which, on motion, was referred to the Committee on Propositions
and Grievances.
Mr. Lamar from the committee on Engrossed bills made the fol-
lowing report:
MR. PRESIDENT:
Sir :-The committee on engrossed bills beg leave to report the
following bills as correctly engrossed:
A bill to be entitled an Act for the relief of Noah P. Suggs, of
Lafayette county;
A bill to be entitled an Act to authorize George W. Martin to es-
tablish a ferry across the Suwannee river, at Fayetteville;
A bill to be entitled an Act to correct an error in the printed Act
entitled an Act to incorporate the city of Lake City;
Resolutions relative to the boundary line between the State of
Georgia and the State of Florida;
A bill to be entitled an Act to change the name of Sarah Keziah
Johnson to Amelia Ann Emeline Johnson ; and

A bill to be entitled an Act to authorize William J. Tucker, a mi-
nor, to assume the management of his own estate and to contract
and be contracted with.
Respectfully submitted,
T. B. LAMAR,
Chm'n Com. on Engrossed Bills,
The rules being waived, Mr. Baker moved that the journals be
amended by striking out the following:
The Committee appointed to meet a similar Committee from the
House, and to report as to the present condition of the Library, re-
ported that they had performed that duty, and were discharged.
The Committee appointed to inform the House that the Senate
had appointed a Committee to act with a similar Committee from
the House, as a Joint Select Committee on Federal Relations, repor-
ted that they had performed that duty and were discharged;
Which motion was adopted.

ORDERS OF THE DAY.

A bill to be entitled an Act for the relief of Noah P. Suggs, of
Lafayette county;
Was read a third time and put upon its passage;
Upon which the vote was:
Yeas-Mr. President, Messrs. Call, Dell, Eubanks, Hawes, Jones,
Keitt, Lamar, McEly, McQueen and Welch-11.
Nays-none.
So said bill passed-title as stated.
Ordered that the same be certified to the House of Representa-
tives.
A bill to be entitled an Act to authorize William J. Tucker, a mi-
nor, to asurne the management of his own estate, and to contract
and be contracted with;
Was read a third time and put upon its passage;
Upon which the vote was :
Yeas-Mr. President, Messrs. Baker, Baldwin, Call, Eppes, Hawes,
.ones, Keitt, McElvy, McQueen and Welch-11.
Nays-Messrs. Eubanks and Lamar-2.
So said bill passed-title as stated.
Ordered that the same be certified to the House of Representa-
tives.
A bill to be entitled an Act to change the name of Sarah Keziah
Johnson to Amelia Ann Emeline Johnson;
Was read a third time and put upon its passage;
Upon which the vote was.:
Yeas-Mr. President, Messrs. Baker, Baldwin, Call, Dawkins,

Dell, Eppos, Eubanks, Hawes, Jones, Keitt, McCall, McElvy, Mc-
Queen and Welch-15.
Nays-none.
So said bill passed-title as stated.
Ordered that the same be certified to the House of Representa-
tives.
A bill to be entitled an Act to correct an error in the printed bill
to be entitled an Act to incorporate the city of Lake City;
Was read a third time and put upon its passage;
Upon which the vote was:
Yeas-Mr. President, Messrs. Baker; Baldwin, Call, Dawkins,
Eppes, Eubanks, Hawes, Jones, Keitt, Lamar, McCall, McElvy, Mc-
Queen, and Welch-15.
Nays-none.
So said bill passed-title as stated.
Ordered that the same be certified to the House bf Representa-
tives.
A bill to be entitled an Act to authorize George W. Martin to
establish a ferry across the Suwannee river at Fayetteville;
Was read the third time and put upon its passage;
Upon which the vote was :
Yeas-Mr. President, Messrs. Baker, Baldwin, Call, Dawkins, Dell;
Eppes, Eubanks, Hawes, Jones, Keitt, Lamar, McCall, McElvy, Mc-
Queen and Welch-16.
Nays-None.
So saicdbill passed-title as stated.
Ordered that the same be certified to the House of Representa-
tives.
Resolution relative to the'establishment of the boundary-line be-
tween the State of Georgia and the State of Florida ;
Was read the third time and put upon its passage;
Upon which the vote was:
Yeas-Mr. President, Messrs. Baldwin, Call, Dawkins, Dell, Eppes,
Eubanks, Hawes, Jones, Keitt, Lamar, McEIvy, McQueen and Welch
-14.
Nays-None.
So said bill passed-title as stated.
Ordered that the same be certified to the House of Representa-
tives.
A bill to be entitled an Act to authorize Guardians, Administra-
tors and Executors to invest the moneys bf Wards, Testators and
Intestates of Leon county in the Railroad Bonds of said county;
Was read the second time and ordered to be engrossed for a third
reading on Monday.
A bill to be entitled an Act to authorize William F. Green, of
Gadsden county, to contract and be contracted with;

Was read the second time and ordered to be engrossed for a third
reading on Monday.
A resolution to change mail route No. 6543;
Was read the second time; and,
On motion of Mr. McQueen, was passed over informally.
A bill to be entitled an Act to correct an error in a printed bill
entitled an Act to create the Counties of Suwannee and New River;
Was read the second time and ordered to be engrossed for a third
reading on Monday.
A bill to be entitled an Act to amend the law all.:., i'' appeals
from the decisions of the Boards of County Commissioners in this
State;
Was read the first time and ordered for a second reading on Mon-
day.
On motion, the rules being waived, Mr. McCall gave notice that
he would on some future day ask leave to introduce,
A bill to be entitled an Act to change the name of Mary King to
Mary Handcock.
Mr. Lamar moved that the Senate adjourn until Tuesday morning,
10 o'clock;
Upon which the yeas and nays were called for by Messrs. Keitt
and Dell;
Upon which the vote was:
Yeas-Messrs. Call, Eppes, Hawes, Jones, Lamar, McCall and Mc-
Elvy-7.
Nays-Mr. President, Messrs. Baker, Baldwin, Dawkins, Dell,
Eubanks, Keitt, McQueen and Welch-9.
So said motion was lost.
On motion, the Senate adjourned until Monday morning 10
o'clock.

-0-

MONDAY, December 5th, 1859.

Senate met pursuant to adjournment.
A quorum present.
Rev. Dr. DuBose officiated as Chaplain.
On motion ot Mr. Eppes, the reading of Saturday's Journal was
dispensed with.
Pursuant to previous notice the following bills were introduced
and placed among the orders of the day:
By Mr. Eppes:

A bill to be entitled an Act to provide for tlhe attendance of Slivo
NWitnesses in capital cases.
By Mr. Keitt:
A bill to be entitled an Act to establish a Ferry across the Ocla
waha River.
By Mr. Dell:
A bill to be entitled an Act to authorize Spencer Price, of Levy
county, t' establish a Ferry from No. 4 on the mainland to the
Western terminus of the Florida Railroad on Way Key thence across
the Bay to the city of Atseena Otie.
The rules being waived, Mr. Dell introduced without previous,
A bill to be entitled an Act amendatory of the several Acts in
force in this State in reference to costs in suits at Law and in Equity
in the several Courts of this State;
Which was placed among the orders of the-day.
Notice was given of intention to introduce at some futui' day the
following bills :
By Mr. Call:
A bill to be entitled an Act to prohibit the circulation in this
State of Foreign Bank Bills of a less denomination than five dollars ;
and,
A bill to be entitled an Act in addition to the several Acts con-
corning Pilotage at the Port of Fernandina.
By Mr. Jories:
A bill to be entitled an Act to authorize the Clerk and Sheriff in
Washington county to hold their offices at or within five miles of
the Court-house in said county.
On motion of Mr. Hawes, the Senator from Franklin was excused
from further attendance on the Senate until the llth instant.
Mr. Nicholson gave notice that he would on to-morrow introduce
the following bills, to-wit:
A bill to be entitled An act to amend an Act amending the char-
ter of the city of Pensacola, for the purpose of extending the powers-
of the city tbaid in the construction of the Alabama and Florida
Railroad, in Florida, approved Dec. 21st, 1858; and,
A bill to be entitled an Act to prohibit trespasses upon Railroad
Land Grants.
Mr. Nicholson also gave notice that he would at a future time ask
leave to introduce the following bills, to-wit:
A bill to be entitled an Act to establish an Insurance Company in
the city of Pensacola;,
A bill to be entitled an Act granting a charter to intersect the
waters of the Perdido Bay and Grand Lagoon; and,
A bill to be entitled an Act to prohibit insubordination among-
slaves.

Mr. Eppes from the Judiciary Committee made the following ire:
port :
The Committee on the Judiciary to whom was referred the bill
entitled an Act to amend an Act to permit free persons of African
descent to select their own masters and become slaves, approved
January 15th, 1859.

REPORT,

SThat they have examined said bill and recommend its passage,
with the additional sections numbered 4 and 5.
T. J. EPPES,
Ch'n Judiciary Committee.
SEc. 4. Be it further enacted, That whenever any such
person of African descent shall be arrested as aforesaid,
and it shall appear on the examination that such person is
not free but a slave, then such person of African descent
shall not be discharged from custody, bdtt shall be delivered
into the possession of his or her owner, upon the said own-
er giving bond and security to appear at the inet term of
the Circuit Court for the county where said arrest has been
made, and answer all indictinents which may be found
against said owner for allowing said person of African de-
scent to go at large and trade as a free man, or for any
other violation of the laws of this State concerning slaves,
free negroes and mulattoes.
SEc. 5. Be it further enacted, That all children of African
descent under the age of fourteen years, shall go into slave-
ry with his, her or their mother, and become slaves for life
to the same person, as the mother of said children; and
,when said children have no mother, then they shall be
bound out as apprentices until they shall severally attain
the age of eighteen years, when they shall become subject
to all the provisions of this Act.
Which ifdport was received, and the bills with its amendments
placed among the orders of the day.
Mr. Eppes from the Judiciary Commiittee made the following re-
port:
The Judiciary Committee to whom was referred a bill to be enti-
tled an Act in relation to evidence, report the same back to the Sen-
ate and recommend its passage.
The same Committee fo whom was referred an Act to amend an
'Act concerning Dower; hnd,
A bill to be entitled an Act to amend the Laws now in force in

this State relative to e(jctatl:nt suits; also, an Act in relation to
Courts of Probate in this State; beg leave to report sail bills back
to the Senate and recommend their passage,
Respectfully submitted,
T. J. EPPES,
Chl'n Judiciary Committee.
Which'report was received, and the bills placed among the orders
of the day.
The Committee on Claims and Accounts made the following re.
port:
The Committee on Claims and Accounts to whom has been re-
ferred a bill to be entitled an Act for the relief of Andrew J. Moore
and Wm. S. Dilworth, ask leave to

REPORT,.

That they have had the same under consideration, and believe the
claim to be a just one,.and recommend the passage of the bill.
Respectfully submitted,
J. W. McQUEEN, Chairman.
Which was received, and the accompanying bill placed among.
the orders of the day.
The Committee on Engrossed Bills made the following report;
MR. PRESIDENT:-
Sir :-The Committe on Engrossed Bills beg leave to report the
following bills as correctly engrossed:
A bill to be entitled an Act to authorize William F. Green, of
Gadsden county, to contract and be contracted with;
A bill to be entitled an Act to authorize Guardians, Administra-
tors and Executors to invest the moneys of Wards, Testators and In-
testates of Leon county, in Railroad Bonds of said county j and,
A bill to be entitled an Act to correct an error in a printed bill
entitled an Act to create the counties of Suwannee and New River.
Respectfully submitted,
T. B. LAMAR,
Ch'n Coin. on Engrossed Bills.
Which was received, and the accompanying bills placed among
the orders of the day.

ORDERS OF THE DAY.

A bill to be entitled an Act to amend an Act to permit free per-
sons of African descent to select their own masters and become
slave, approved January 15, 1859;
Was read a second time.

Mr. Call offered the following additional amendment.:
Ssc. 6. Be it further enacted, That so much of the-first
section of the Act to yhich this is an amendment ;s ex-
empts said slave from being taken in execution for the debts
of his or her Master or Mistress, be, and it is hereby re-
pealed, and said slaves s',all be subject to be disposed of
in the same manner as other property is or maty be.
On motion of Mr. Dawkins, 100 copies of the bill, as amended, to-
gether with the reportof the Judiciary Committee, were ordered to
be printed.
Mr. Lamar moved to amend by inserting, wherever the words
"free persons" occur, the words wholly or in part;"
Which was adopted.
Mr. Baldwin moved that a committee of three be appointed to so-
licit the opinion of,the Attorney General on said bill;
Which was adopted.
Whereupon the President appointed Messrs. Baldwin, Call and
McCall on said committee.
The rules being waived, Mr. McCall introduced without previous
notice,
A bill to be entitled an Act to change the name of Hugh Martin
Newsoms to Hugh Martin Keen;
Which was read the first time and ordered for a second reading
on to morrow.
Also, a bill to be entitled an Act to change the name of Mary
King to Mary Hancock;
Which was read the first time and ordered for a second reading
on to-morrow.
A bill to .be entitled an Act to amend the laws now in force
in this State, relative to ejectment suits ;
Was read a second time and ordered for a third reading on to-
morrow.
A bill to be entitled an Act in relation to Courts of Probate in
this State;
Was read a second time and ordered to be engrossed for a third
reading on to-morrow.
A bill to be entitled an Act in relation to evidence;
Was read a second time and ordered to be engrossed for a third
reading on to-morrow.
A bill to be entitled an Act to amend the law allowing appeals
from the decisions of the Boards of County Commissioners in this
State;
Was read a second time and ordered to be engrossed for a third
reading on to-morrow

A bill to be entitled an Act for the relief of Andrew J. Moore and
William S. Dilworth;
Was read a second time and ordered to be engrossed for a third
reading on to-morrow.
A bill to be entitled an an Act to provide for the attendance of
slave witnesses in capital cases;
Was read the first time, rules waived, read a second time by its
title, and referred to the Commitee on Judiciary.
A bill to be entitled an Act to establish a Ferry across the Ockla-
waha river ;
Was read the first time and ordered to be read a second time on
to-morrow.
A bill to be entitled an Act to authorize Spencer Price, of Levy
county, to establish a ferry' from Number Four, on the mainland, to
the Western terminus of the Florida Railroad on Way Key, thence
across the Bay to the city of Atseena Otie;
Was read the, first time and ordered for a second reading on to-
morrow.
A bill to be entitled an Act aiendatory of the several acts in force
in this State, in reference to costs in suits at law and in equity in the
several courts of this State;
Was read the first time, rules waived, read the second time by its
title, and referred to the Committee on the Judiciary.
On motion, the rules being waived, the Committee on Corpora-
tions made the following report:
The Committee on Corporations ask leave to report back to the
Senate, an Act to incorporate a Company to be called the Alachua
& Columbia Railroad Company and recommend that said bill be
laid upon the table.
J. McR. BAKER,
Chm'n Corn, on Corporations.
Which report was received, and the accompanying bill laid upon
the table.
House bill to be entitled an Act to amend an Act concerning
Dower;
Was read the second time.
Mr. Call offered the following amendment:
SEc. 2. Be it further enacted, That all laws and parts of laws now
in force, which give to the widow a share of the personal estate of
her deceased husband, in preference to the creditors of said husband,
be and the same are hereby repealed. Provided however, this Act
shall not impair the widow's claim to one year's support out of said
personal estate, which year's support shall in no case, if an insolvent
estate, exceed three hundred dollars in amount.

Which amendment was adopted, and the bill as amended, ordered
to be engrossed for a third reading on to-morrow.
A bill to be entitled an Act to correct an error in the printed bill
entitled an Act to create the counties of Suwannee and New River;
Was read the third time and put upon its passage;
Upon which the vote was :
Yeas-Mr. President, Messrs. Baker, Baldwin, Dawkins, Eubanks,
Hawes, Jones. Kcilt, Lamar, McCall, McQueen, Nicholson and
Welch-1.3.
Nays-Mesrs. Call anl Dell-2.
So said bill passed-- itle as stated.
Ordered that the same be certified to the House of Representa-
tives.
A bill to be entitled an Act to authorize Guardians, Administra-
tors and Executors, to invest the moneys of Wards, Testators and
Intestates, of Leon County in the Railroad Bonds of said county;
Was read the third time and put upon its passage;
Upon which the vote was :
Yeas-Mr. President, Messrs. Baker, Baldwin,. Call, Dawins, Dell,
Eubanks, Hawes, Jones, Keitt, Lamar, McCall, McQueen, Nicholson,
and Welch-15.
Nays-None.
So said bill passed.-title as stated.
Ordered that the same be certified to the House of Representa-
tives.
A bill to be entitled an Act to authorize William F. Green, of
Gadsden county, to contract and be contracted with;
Was read the third time and put upon its. passage;
Upon which the vote was:
Yeas-Mr. President, Messrs. Baldwin, Call, Dawkins, Hawes,
Jones, Keitt, Lamar, McCall, McQueen, Nicholson and Welch-12..
Nay-Mr. Eubanks-1.
So said bill passed-title as stated.
Ordered that the same be certified to the House of Representa-
tives.
On motion, the Senate adjourned until to-morrow morning 10.
o'clock.

-0-

TUESDAY, December 6th, 1859.

Senate met pursuant to adjournment.
A quorum present.
Rev. Dr. DuBose officiated as Chaplain.

Oin motion of Mr. Dell, the further reading of yesterday's Journal
was dispensed with.
Pursuant to previous notice, the following bills were introduced
al.d placed among the orders of the day:
By Mr. Call:
A bill to be entitled an Act to prohibit the circulation in this
State of Foreign Bank Bills of a less denomination than five dollars.
The rule being waived, Mr. Call introduced the following bills
without previous notice:
A bill to be entitled an Act concerning Replevin; and,
A bill to be entitled an Act to amend the second Section 'of the
third article of the Constitution of this State;
Which were placed among the orders of the day.
Pursuant to previous notice the following bills were introduced
and placed among the orders of the day :
By Mr. Dawkins:
A bill to be entitled an Act to provide for the payment of costs
of plaintiffs in certain cases, in the Western Judicial District.
By Mr. Nicholson:
A bill to be entitled an Act to amend an Act amending the char-
ter of the City of Pensacola, for the purpose of extending the pow-
ers of the City to aid in the construction of the Alabama & Florida
Railroad, approved December 21st, 1858;
A bill to be entitled an Act to organize a Fire Insurance Compa-
ny in Pensacola, under the name of Pensacola Insurance Company;
and
A bill to be entitled an Act to prohibit trespasses upon Railroad
Land Grants.
By Mr. Welch:
A bill to be entitled an Act to empower John W.-Broxon and
Isaac Broxon to assume the management of their own estates.
The rules being waived, Mr. Welch introduced without previous
notice,
A bill to be entitled an Act authorizing a bridge tax in Walton
county;
Which was placed among the orders of the day.
Notice was given of intention to introduce the following bills at
some future day:
By Mr. Nicholson:
A bill to be entitled an Act to amend the pilot laws for the Bay
and Harbor of Pensacola.
By Mr. Jones:
A bill to be entitled an Act to authorize Edwin N. Evrett, in
Washington county, to.assume the management of his own estate.
Mr. Nicholson moved that a bill to be entitled an Act for the re-
lief of Alexander Douglas and others therein contained, which by

means of some misrepresentation was indefinitely postponed in De-
cember last, be now taken up and placed among the orders of the
day;
Which motion was adopted.
The rules being waived, Mr. Baker gave notice that he would on
some future day introduce
A bill to be entitled an Act to remove the Seminary, East of the
Suwaunee, from Ocala, to some more suitable and healthy locality in
East Florida.
Mr. Call introduced a resolution asking information as to Swamp
lands;
Which was received and placed among the orders of the day.
The Committee on Engrossed Bills made the following report:
MR. PRESIDENT:-
Sir :-The Committee on Engrossed Bills beg leave to report the
following bills as correctly engrossed:
A bill to be entitled an Act for the relief of Andrew J. Moore and
William S. Dilworth;
A bill to be entitled an Act in relation to Courts of Probate in
this State;
A bill to be entitled an Act to amend the law allowing appeals
from the decisions of the Board of County Commissioners in this
State;
A bill to be entitled an Act in relation to Evidence;
A. bill to be entitled an Act to amend an Act concerning Do.etr.
All of which is respectfully submitted,
T. B. LAMAR,
Ch'n Cor. on Engrossed Bills.
Which report was received and the accompanying bills placed
among the orders of the day.
Mr. Lamar from the Committee on Internal Improvements made
the following report:
MR. PRESIDENT:
Sir:-The Committee to whom was referred a bill to be entitled
an Act to authorize the Trustees of the Internal Improvement Fund
to clear out the Channel of the Ocklawaha River in this State and
for other purposes, beg leave to

::' REPORT,

That they have had the same under consideration, and while they
are not opposed to the objects of the bill, yet with their ideas of the
powers of the Trustees over the Trust Fund, they cannot consistent-
ly recommend the same. The Internal Improvement Act, approved
Jan. 6th, 1855, sets apart and declares a distinct and separate fund,

all the lands granted to the State by Act of Congress, passed 3rd
March, 1845, and all the lands granted by Act of Congress, Sept.
28th, 1850, with all the proceeds that have or may hereafter accrue
to the State by the sale of said lands; and said lands and proceeds
are called the Internal Improvement Fund, and are by the same
Act irrevocably vested in five Trustees," and their successors in
office, to hold the same in trust for the use and purposes hereinafter
provided," &c. By this Act the Legislature divested itself of all con-
trol over the said lands till the objects of the trust are accomplished.
Any bill therefore, which the General Assembly might enact dispo-
sing of said land or enlarging the powers of the Trustees, would be
perfectly nugatory and inperative; but the Trustees already possess
all the power sought to be conferred upon them by the bill under
consideration. The 16th Section of the Internal Improveliient Act
enacts "that the Trustees of the Internal Improvement Fund shall
hereafter fix the price of the public lands included in the Trust, hav
ing due regard to their location, value for agricultural purposes, or
on account of timber or naval stores, and make such arrangements
for the drainage of the Swamp or Overflowed Land as in their judg-
ment may be most advantageous to the Internal Improvement Fund
and the settlement and cultivation of the land," &c. It will thus
be seen that the'Trustees have ample power to do that which the
bill proposes to empower them to do, viz: "To contract for the
clearing out the channel of the Oclawaha River from its mouth to
its source," &c, "for the purpose of draining the Swamp Land con-
tignous thereto, and for improving the navigation of the same." The
passage of the bill would therefore be surperfluous legislation and
objectionable because the subject matter is not a legitimate one. The-
Committee believe that the clearing out of the Ocklawaha River is
a matter of considerable importance, and should be effected if possi-
ble; but they do not think that the Trust Fund is at the disposal of
the General Assembly to be applied to that purpose. The General
Assembly during the first part of this Session passed resolutions
which indicated their high appreciation of the objects contemplated
by the bill under consideration, and the Committee are of the opin-
ion that nothing further is necessary.
Respectfully submitteH,
T. B. LAMAR,
Ch'n Com. on Internal Improvements.
Which was received and the accompanying bill placed among the
orders of the day.
The Committee on Propositions and Grievances made the follow-
ing report:
The Committee on Propositions and Grievances to whom was re-
ferred a petition of sundry citizens of St. Johns county, praying to
9

have tle boundary line between the counties of Putnam and St.
Johns changed, have had the same under consideration, and deem
ing the prayer of the petitioners reasonable, they recommend that
the prayer be granted by passing the accompanying bill.
D. C. DAWKINS,
Chim'u Com. on Propositions and Grievances.
Which was received and the accompanying bill placed among the
orders of the day.
A committee from the IIduse appeared and requested of the Sdii-
ate, the return of a bill to be entitled an Act to change the naine of
Cvnthia Jane Burdock to Cynthia Jane Willis.
On motion the Secretary was ordered to transmit said bill to the
House of Representtataives.
The following Message froii the House of Representatives was re-
ceived :
HOUSE OF REPRESENTATIVES,
Dec. 5, 1859.
Ilos. JOHN FXLA.YSOX,
President of the Senate:
Sir :-The House of Representatives have passed the following
Senate bill, viz:
A bill to be entitled an Act to provide for the payment of Consta-
ble's fees for summoning juries of inquest, and attendance on the
same.
The following Senate bill has been lost in the House, viz :
A bill to be entitled an Act to change the name of Cynthia Jane
Burdock, to Cynthia Jane Willis.
Very Respectfully,
E. M. GRAHAM;
Clerk House Representatives.
Which Avas read and the accompanying bill ordered to be enrolled.
The Spdcial Committee to whom was refeired a bill to be entitled
an Act explanatory of an Act to organize the county of Volusia, ask
leave to make the following

REPORT:

On examination, your committee find that the bill under consid-
eration is intended to explain and enforce that clause of the Act to
organize the county of Volusia, which provides for the distribution
of the funds in the original county of Orange, between the present
counties of Orange and Volusia. Your committee deeming the Leg-
islature incompetent from the want of proper evidence in the case,
to divide equitably the above mentioned funds between the coun-
ties of Orange and Volusia, and it having come to the knowledge of

your committee that the manner of distribution contemplated in the
bill under consideration, has been the cause of much dissatisfaction
to the inhabitants of both of those counties, they respectfully recom-
mend that the matter be placed in the hands of the Judge of the
Circuit Court, They therefore report the accompanying bill as a
substitute for the bill referred to them, and respectfully recommend
the passage of the same.
(G. E. HAWES,
Committee, ISAAC WELCH,
J. McR. BAKER.
VWhich report was received, and the substitute adopted.

ORDERS. OF THE DAY.

The resolution for adjournment was read, and on motion was put
upon its passage;
The yeas and nays were called for by Messrs. Dell and Call;
Upon which the vote was:
Yeas-Mr. President, Messrs. Baldwin, Call, Dawkins, Dell, Eu-
banks, HaAes, Jones, Keitt, Lamar, McCall, McQueccn, Nicholson and
SWelch-14.
Nay-Mr. Baker-1.
So said resolution passed-title as stated.
Ordered that the same be certified to the House of Representa-
tives.
A bill to be entitled on Act to organize a Fire Insurance Compa-
ny in Pensacola, under the name of Pensacola Insurance Company;
Was read the first time, rules waived, read a second time by its
title, and referred the Committee on Corporations.
A bill to be entitled an Act to amend an Act amending the char-
ter of the city of Pensacola for the purpose of extending the powers
of the city to aid in the construction of the Alabama & Florida Rail-
road in Florida, approved December 25, 1858;
Was read the first time, rules waived, read a second time by its
title, and ordered for a third reading on to-morrow.
A bill to be entitled an Act to prohibit trespasses upon Railroad
land grants;
Was read the first time, rules waived, read the second time by its
title, and referred to the Committee on the Judiciary.
The rules being waived, Mr. Call introduced without previous no-
tice, the following bills:
A bill to be entitled an Act to amend the second section of the
third article of the Constitution of this State;
Was read the first time and ordered for a second reading on to-.
morrow.
Also, a bill to be entitled an Act concerning Replevin ;

Which was read the first time, rules waived, read a second tim
by its tittle, and referred to the Committee on the Judiciary, and 8(
copies ordered to be printed.
A bill to be entitled an Act to provide for the payment of cost
by plaintiffs in certain cases, in the Western Judicial Circuit;
Was read the first time and ordered for a second reading on to
morrow.
A bill to be entitled an Act to prohibit the circulation in thi
State, of foreign bank bills of a less denomination than five dollars
Was read the first time and ordered for a second reading oA to
morrow.
House bill to be entitled an Act to amend the laws now in force i.
this State, relative to ejectment suits;
Was read a third time and put upon its passage;
Upon which the vote was:
Yeas-Mr. President, Messrs. Baker, Call, Dell, Eubanks, Hawe
Jones, Lamar, Nicholson and Welch-10.
Nay-Mr. McCall-1.
So said bill passed-title as stated.
Ordered that the same be certified to the House of Representa
tives.
A bill to be entitled an Act to authorize Spencer Price, of Levy
county, to establish a ferry from Number Four on the mainland to
the Western terminus of the Florida Railroad, on Way Key, thence
across the Bay to the city of Atseena Otie;
Was read a second time and ordered to be engrossed for a third
reading on to-morrow.
A bill to be entitled an Act to establish a ferry across the Ockla-
waha river ;
Was read the second time, rules waived, read a third time by its
title and put upon its passage;
Upon which the vote was:
Yeas-Mr. President, Messrs. Baker, Baldwin, Call, Dawkins
Eubanks, Hawes, Jones, Keitt, Lamar, McCall, McQueen, Nicholsor
and Welch-14.
Nays-None.
So said bill passed-title as stated.
Ordered that the same be certified to the House of Representa-
tives.
A bill to be entitled an Act to change the name of Mary King
to Mary Hancock ;
Was read a second time, rules waiyed, read a third time by its ti-
tle, and put upon its passage;
Upon which the vote was:
Yeas-Mr. President, Messrs. Baker, Dawkins, Eubanks, Hawesj
Jones, Keitt, Lamar, McCall, McQueen, Nicholson and Welch-129

Nay-Mr. Baldwin-1.
So said bill passed-title as stated.
Ordered that the same be certified to the House of Representa-
tives.
A bill to be entitled an Act to change the name of Hugh Martit
Newsoms, to Hugh Martin Keen;
Was read the second time, rules waived, read a third time by its
title and put upon its passage;
Upon which the vote was :
Yeas-Mr. President, Messrs. Baker, Call, Dawkins, Dell, Eu-
banks, Hawes, Jones, Keitt, Lamar, McCall, McQueen, Nicholson and
Welch-14.
Nays-None.
So said bill passed-title as stated.
Ordered that the same be certified to the House of Representa-
tives.
A bill to be entitled an Act for the relief of Alexander Douglas,
Peter C. Wilkins and Kenneth McCaskell;
Was read the first time, rules waived, read the second time by its
title, and referred to the Committee on Claims and Accounts.
A bill to be entitled an Act to authorize the Trustees of the In-
ternal Improvement Fund to clear out the Channel of the Ocklawa-
ha River in this State, for the pupose of improving the navigation
of the same and other purposes;
Was read the second time and ordered to be engrossed for a third
reading on to-morrow.
Resolution asking information as to the Swamp Lands;
Was read and placed upon its passage;
Upon which the vote was:
Yeas-Mr. President, Messrs. Baldwin, Call, Dawkins, Dell, Eu-
banks, Hawes, Jones, Keitt, Lamar, McCall, McQueen, Nicholson
and Welch-14.
Nays-None.
So said resolution passed-title as stated.
Mr. Call moved that the resolution be spread upon the Journal
and a copy of the same be served upon each member of the Internal
'Improvement Board;
Which motion was adopted.
Resolved, That the Trustees of the Internal Improvement Fund
be requested to communicate to the Senate as early as possible, all
the information in their possession concerning the present condition
of the Swamp Lands and the fund arising from the sale thereof; and
in particular,'that they inform the Senate what steps have at any
time been taken for selecting and classifying said lands, what con-
tracts'have been made for that purpose, and with whom, and how

far the said contracts have been executed, and that they furnish the
Senate with copies of said contracts.
Further, That the said Trustees be requested to inform this Sen-
ate how much, if any moneys have been expended in selecting and
classifying said lands, and by what authority any such moneys have
been paid out, and how much is still claimed as due and owning
from the said Fund for any services rendered under existing contracts
which have not yet been completed.
Further, That the said Trustees do inform this Senate, how much
if anything is due from the United States for Swamp Lands sold af-
ter the passage of the Act granting said lands to the State of Flori-
da, how much has been received from the United States on that ac-
count, and what obstacles if any prevent the recovery of the remain-
der.
The following bills were read the third time, and on motion passed
over informally :
A bill to be entitled an Act to amend the law allowing appeals
from the decisions of the Board of County Commissioners in this.
State;
A bill to be entitled an Act in relation to Evidence;
A bill to be entitled an Act to amend an Act concerning Dower;
and,
A bill to be entitled an Act in relation to Courts of Probate in
this State.
A bill to be entitled an Act for the relief of Andrew J. Moore and
Wm. S. Dilworth;
Was read the third time and put upon its passage;
Upon which the vote was:
Yeas-Mr. President, Messrs. Baker, Baldwin, Call, Dawkins,
Dell, Eubanks, Hawes, Jones, Keitt, Lamar, McCall, McQueen,
Nicholson and Welch-15.
Nays-None.
So said bill passed-title as stated.
Ordered that the same be certified to the House of Representa-
tives.
The rules being waived, the following bills and resolutions were
introduced without previous notice:
By Mr. Welch:
A bill to be entitled an Act authorizing a bridge tax in Walton
county, together with a petition relative thereto;
Which was read the first time, the rules waived, read the second
time by its title, and referred to the Committee on Judiciary.
By Mr. Keitt:
A bill to be entitled an Act to incorporate the City of Ocala;
Was read the first time and ordered for a second reading on to-
morrow.

iB Mr. Dawkins :
A' bill to be entitled an Act to repeal the 24th Section of an Act
entitled an Act to provide for and encourage a liberal system of In-
ternal Improvements in this State;
Was read the first time and ordered for a second reading on to-
morrow.
By Mr. Call:
A bill to be entitled an Act concerning Pilotage at the Port of
Fernandina;
Was read the first time and ordered for a second reading on to-
morrow.
Resolutions relative to the Indian River & St. Johns River Canal;
Which were placed among the orders of the day, read the first
time, rules waived, read a second time by their title, referred to the
Committee on Internal Improvements, and 80 copies ordered to be
printed.
Also, resolutions relative to the several Railroads in this State;
Were read the first time, rules waived, read a second time by their
title and referred to the Committee on Internal Improvements, and
80 copies ordered to be printed.
A bill to be entitled an Act to authorize John W. Broxon and
Isaac Broxon, to assume the management of their own Estates;
Was read the first time and ordered for a second reading on to-
morrow.
A bill to be entitled an Act to amend an Act entitled an Act to
'organize the county of Volusia, approved January 29th, 1854
Was read the second time and ordered for a third reading on to-
morrow.
A bill to be entitled an Act to change the dividing line between
the counties of Putnam and St. Johns;
Was read the first time and ordered for a second reading on to-
morrow.
Rules being waved, Mr. Call introduced the following resolution,
without previous notice :
Resolved, That hereafter none of the rules of the Senate shall be
waived without the unanimous consent of the Senate, until after the
orders of the day are through.
SUpon the adoption of which the yeas and nays were called for by
Messrs. McCall and Dawkins;
Upon which the vote was:
Yeas-Mr. President, Messrs. Baldwin, Call, Dell, Eubanks,
Hawes, Jones, Keitt, Lamar and McQueen-10.
Nays-Messrs. Baker, Dawkins, McCall, Nicholson and Welch-
5.
The Chair decided that the resolution was lost.

Mr. Lamar appealed from the decision of the Chair; and
Upon the question, Shall the decision of the Chair be sustained ?"
The yeas and nays were called for by Messrs McCall and Daw-
kins;
SUpon which the vote was:
Yeas-Messrs. Baker, Dawkins, Hawes, McCall, Nicholson and
Welch-6.
Nays-Messrs. Baldwin, Call, Dell, Eubanks, Jones, Keitt, Lamar
and McQueen-8.
So the decision of the Chair was not sustained; and
The resolution was adopted.
On motion, the Senate adjourned until to-morrow morning 10
o'clock.

-o-

WEDNESDAY, December 7th, 1859.

Senate met pursuant to adjournment.
A quorum present.
On motion of Mr. Keitt, the reading of yesterday's journal was
dispensed with.
Mr. Keitt moved to reconsider the vote taken yesterday upon the
question, Shall the decision of the Chair be sustained;"
The yeas and nays were called for by Messrs. Dell and Call;
Upon which the vote was:
Yeas- Messrs. Baldwin, Dawkins, Dell, Hawes, Jones, Keitt, Mc-
Queen, Nicholson and Welch-9.
Nays-Messrs. Call, Eubanks and Lamar-3.
So the vote was reconsidered.
Mr. Dell moved that the bill authorizing Samuel Elliott to estab-
lish a ferry from Atseena Otie to the Western terminus of the Flori-
da Railroad on Way Key, be laid on the table;
Which motion was adopted.
Notice was given of intention to introduce the following bills at
some future day:
By Mr. Jones:
A bill to be entitled an Act to amend the laws in force in this
State, as to gaming; and
A bill to be entitled an Act to amend the laws of force in this
State, as to the cruel or unusual punishment of slaves in this State,
By Mr.Baldwin:

A bill to be entitled an Act for the relief of certain parties hold-
ing State Jury and WAitness scrip; and
A bill to be entitled an Act to incorporate a Railroad Company
to be called the Florida & Georgia Railroad Company.
By Mr. Nicholson:
A bill to be entitled an Act relative to pleading and practice of
the Courts of this State ; and
A bill to be entitled an Act prohibiting slaves from hiring their
own time and for other purposes.
Pursuant to previous notice the following bills were introduced
and placed among the orders of the day :
A bill to be entitled an Act for the relief of Spencer T. Thomas;
A bill to be entitled an Act to remove the State Seminary East
of the Suwannee, to some other more suitable and healthy locality;
A bill to be entitled an Act relative to the offices of Sheriff and
Circuit Court Clerk in the county of Washington ;
A bill to be entitled an Act to authorize Edmund N. Everett, of
Washington county, to assume the management of his own Estate;
A bill to be entitled an Act to incorporate the Lagoon and Pcr-
dido Canal Company;
A bill to be entitled an Act amending the Pilot Laws for the Bay
and Harbor of the city of Pensacola.
Mr. Baker presented the petition and vouchers of Spencer T.-
Thomas;
Which were referred to the Committee on Claims and Accounts.
Mr. Baker presented resolutions recommending to the Trustees of
the Internal Improvement Fund certain proceedings in regard to
the several Railroad Companies;
Which were received and placed among the orders of the day.
The Committee on Engrossed Bills made the following report:
MR. PRESIDENT :
Sir :-A bill to be entitled an Act to authorize the Trustees of
the Internal Improvement Fund to clean out the Channel of the Oc-
lawaha River in this State, for the purpose of improving the naviga-
tion of the same and other purposes; and,
A bill to be entitled an Act to authorize Spencer Price of Levy
county, to establish a Ferry from number four on the main land to
the western terminus of the Florida Railroad on Way Key, thence
across the Bay to the city of Atseena Otic.
All of which is respectfully submitted,
ISAAC WELCH,
Acting Ch'n Com. on Engrossed Bills.
Which was received and the accompanying bills placed among
the orders of the day.
On motion of Mr. Keitt, the bill to be entitled an Act to athorize
10

trhe Trusteces of the Internal Improvement Fund to clear outi the
':.hainel of the Ocklawaha River in this State, for the purpose of im-l
movingg the navigation of the same, and for other purposes;
Was placed back upon its second reading.
The Committee on Enrolled bills made the following report:
The Commiittee on Enrolled bills report as correctly enrolled,
A bill to be entitled an Act to provide for the payment of Con-
stable fees for summoning juries of inquest and attendance on the
sallme.
L . McELYY, Chairman.

Which report was received.
The following message was received from the House of Represen-
Iatives :
IIOUSE OF REPRESENTATIVr,
Dec., 6th 1859.
Hon. Joux FIxLAYsoN,
President of the Senate :
SIR: The following bills have this day passed the House, viz:
A bill to be entitled an Act to prevent the killing of Stock in
certain cases;
A bill to be entitled an Act to allow additional compensation to
County Commissioners;
A bill to be entitled an Act to authorize John S. Addison, a minor
,of Marion County, to assume the management of his own Estate;
A bill to be entitled an Act to change the name of George Gibbs
Smith;
A bill to be entitled an Act to change the name of Geo. Frisby;
A bill to be entitled an Act for the relief of Allen Gibson;
A bill to authorize Minor W. Walker of Jefferson County, to as-
-ume the management of his own Estate
A bill to be entitled on Act to change the time of holding the
Circuit Court in the Counties of Hamilton and Taylor, in the Mid-
dle Judicial Circuit of Florida:
A bill to be entitled an Act to authorize the Board of Education
of the State Senrinary West of the Suwannee, to confer Collegiate
degrees, &c.
Very Respectfully,
E. M. GRAHAM.
Clerk House Rep.
Which was read and the accompanying bills placed among the or-
ders of the day.

ORDERS (F TIlE D.iY,

A bill to bc entitled an Act for the relief of Spencer T. Tlhoinasi
Was read the first time, rules waived, read a second time by its
title and referred to a select committee, consisting of Messrs. Keitt,
Baker and Dell.
A bill to be entitled an Act amending the pilot laws for the Bay
and Harbor of the City of Pensacola.;
Was read the first time, rules waived, read a second time by its
title and ordered to be engrossed for a third reading on to-morrow.
Resolution recommending to the Trustees of the Internal Im-
provement Fund certain proceedings in regard to the several Rail-
road companies.;
Was read the first time, rules waived, read a second time by its
title, referred to the Committee on Corporations, and 300 copies or-
dered to be printed.
A bill to be entitled an Act to incorporate the Lagoon and Per-
dido Canal Company;
Was read the first time and ordered for a second reading on to-
morrow.
A bill to be entitled an Act to authorize Edmund N. Everett, of
Washington county, to assume the management of his own estate;
Was read the first time and ordered for a second reading on to-
morrow.
A bill to be entitled an Act relative to the offices of Sheriff and
Circuit Court Clerk in the county of Washington;
Was read the first time and ordered for a second reading on to-
morrow.
A bill to be entitled an Act to empower John W. Broxon and
Isaac Broxon to assume the management of their own estates;
Was read a second time and ordered to be engrossed for a third
reading on to-morrow.
A bill to be entitled an Act concerning pilotage at the Port of
Fernandina;
On motion, the further reading of the bill was dispensed with, and
it was passed over informally.
A bill to be entitled an Act to incorporate the city of Ocala;
On motion, the further reading of the bill was dispensed with and
the bill referred to the Committee on Corporations.
A bill to be entitled an Act to amend an Act amending the char-
ter of the city of Pensacola, for the purpose of extending 1he powers
of the city to aid in the construction of the Alabama & Florida Rail-
road in Florida, approved December 21, 1858;
On motion of Mr. Nicholson it was placed back upon its second
reading and referred to the committee on Corporations.

'A bill to be entitled an Act to aiiiend the second Sectiof of the
third Article of the Constitution of this State;
Was read a second time, referred to the committee on a Revision
of the Constitution, and 80 copies ordered to be printed.
A bill to be entitled an Act taprohibit the circulation in this State
of foreign bank bills of a less,denomination than five dollars;
Was read the second time and ordered to be engrossed for a third
reading on to-morrow.
A bill to be entitled an Act to provide for the payment of costs
by plaintiffs in certain cases, in the Western Judicial Circuit;
Was read the second time and ordered to be engrossed for third
reading on to-morrow.
A bill to be entitled an Act to repeal the 24th section of an Act
entitled an Act to provide for and encourage a liberal System of In-
ternal Improvements in this State;
Was read the second time and referred to the Committee on In-
ternal Improvements.
A bill to be entitled an Act to change the dividing line between
the Counties of Putnam and St. Johns;
Was read the second time and ordered to be engrossed for a third
reading on to-morrow.
A bill to be entitled an Act to amend an Act entitled an Act to
organize the County of Volusia, approved January 29th, 1854;
Was read a third time and put upon its passage;
Upon which the vote was :
Yeas-Mr. President, Messrs. Baldwin, Call, Dawkins, Dell, Eu-
banks, Hawes, Jones, Keitt, Lamar, McCall, McElvy, McQucen and
Welch-14.
Nays-Mr. Nicholson-1.
So said bill passed-title as stated.
Ordered that the same be certified to the House of Representa
-tives.
A bill to be entitled an Act to change the time of holding the
,Circuit Court in the Counties of Hamilton and Taylor, in the Middle
Judicial Circuit of Florida;
Was read the first time and ordered for a second reading on to-
-morrow.
House bill.to be entitled an Act to acthorize the Board of Ed-
ucation of the State Seminary West of the Suwannee to confer Col-
legiate degrees;
Was read the first time and ordered for a second reading on to-
morrow.
House bill to be entitled an Act for the relief of Allen Gibson;
Was read the first time and ordered for a second reading en to-
,morrow.

House bill to be entitled an Act to authorize Minor W. Walker,
of Jefferson County to assume the management of his own estate;
Was read the first time, rules waived, read second and third time
by its title and put upon its.passage;
Upon which the vote was:
Yeas-Mr. President, Messrs. Baker, Baldwin, Call, Dawkins, Dell,
Hawes, Jones, Keitt, Lamar, McCall, McElvy, McQueen, Nicholson
and Welch-15.
Nay-Mr Eubanks-1.
So said bill passed-title as stated,
'Ordered-that the same be certified to the House of Representa-
tives.
House bill to be entitled an Act to change the name of George
Frisby i
Was read the first time and ordered for a second reading on to-
morrow.
House bill to be entitled an Act to change the name of George
Gibbs Smith;
Was read the first time and ordered for a second reading on to-
morrow.
House bill to be entitled an Act to authorize John S. Addison, a
minor, of Marion county, to assume the management of his own es-
tate;
Was read the first time and ordered for a second reading on to-
morrow.
House bill to be entitled an Act to allow additional compensation
to County Commissioners;
Was read the first time and ordered for a second reading on to-
morrow.
House bill to be entitled an Act to prevent the killing of stock in
certain cases;
Was read the first time and ordered for a second reading on to-
morrow.
House bill to be entitled an Act to change the time of holding the
Circuit'Court in the counties of Hamilton and Taylor, in the Middle
Judicial Circuit of Florida;
Was read the first time and ordered for a second reading on to-
morrow.
A bill to be entitled an Act to authorize the Trustees of the In-
ternal Improvement Fund to clear out the channel of the Ocklawaha
River, in this State, for the purpose of improving the navigation of
the same, and for other purposes;
Was read a second time.
Mr. Keitt offered the following amendment:
Provided, That the same does not conflict with the main object
of the trust, the interest of the several Railroads now being built in

this State and the interest if the holders of the Internal Improve-
Sment Bonds;
Which amendment was adopted, and the bill as amended orde.ted
to be engrosscd for a third reading on to-morrow.
A bill to be entitled an Act to remove the State Seminary East of
the Suwannee to some more suitable and healthy locality;
On motion, the further reading of the bill was dispensed with and
the bill' ordered for a second reading on to-morrow.
A bill to be entitled an Act to authorize Spencer Price, of Levy
county, to establish a ferry from Number Four on the mainland to
the Western terminus of the Florida Railroad on Way Key, thence
across the bay to the city of Atseena Otie;
Was read the third time and put upon its passage;
Upon which the vote was :
Yeas-Mr. President, Messrs. Baker, Baldwin, Call, Dawkins,
Dell, Eubanks, Hawes, Jones, Keitt, Lamar, McCall, McElvy, Mc-
Queen, Nicholson and Welch-16.
Nays-None.
So said bill passed-title as stated.
Ordered that the same be certified to the House of Representa-
tives.
A bill te be entitled an Act to amend the law allowing appeals
from the decisions of County Commissioners in this State;
The rules being waived, was read a third time by its title and put
upon its passage;
Upon which the vote was:
Yeas-Mr. President, Messrs. Baker, Baldwin, Call, Dawkins, Dell,
Eubanks, Hawes, Jones, Keitt, Lamar, McCall, McElvy, McQueen,
Nicholson and Welch-16.
Nays-None.
So said bill passed-title as stated.
Ordered that the same be certified to the House of Representa-
tives.
A bill to be entitled an Act in relation to Courts of Probate in
this State:;
On motion, the further reading of the bill was dispensed with,
the bill placed back upon its second reading and referred to the
Committee on the Judiciary.
The rules being waived, Mr. McCall introduced without previous
notice,
A bill to be entitled an Act to incorporate the Lake City & Su-
wannee Railroad Company;
Which was placed among the orders of the day.
A bill to be entitled an Act to incorporate the Lake City & Su-
wannee Railroad Company;

On motion ofdr. McCall, the further reading of the bill was dis-
pensed with, and ordered for a second reading on to-morrow.
The rules being waived, Mr. Nicholson moved that whereas it
appears that a bill entitled an Act for the relief of J. C. Crosby, late
Sheriff of Escambia, which was reported favorably to the Senate by
the Committee on Claims and Accounts on the 13th January last,
has been mislaid or lost so it cannot be found, he therefore moves
that the accounts of said Crosby, be re-referred to the Committee
on Claims and Accounts that they may report a bill for the same;
Which was adopted.
The rules being waived, Mr. Baker moved that the bill to be enti-
tled an Act for the relief of Gen. Benjamin Hopkins be taken from
the table and placed among the orders of the day ;
Which was adopted, and on motion of Mr. Baker, the bill was
read the second time and referred to the Committee on Militia.
The rules being waived, Mr. Baker moved that the Journal of
yesterday be amended by inserting the Report of the Committee on
Corporations as to the Alachua and Columbia Railroad bills, and
also the action of the Senate that said bill was laid upon the table;
Which motion was adopted.
The Committee on Corporations to whom was referred the bill to
incorporate the Alachua and Columbia Railroad Company, beg
leave to return the same to the Senate, and recommend that the
same be laid upon the table.
Respectfully submitted,
J. McROBERT BAKER,
Ch'n Com. on Corporations.
Upon motion of Mr. Dell, the Report of the Committee was adop-
ted and the bill laid upon the table.
On .motion, the Senate adjourned until 10 o'clock to-morrow
morning.

-----

THURSDAY, December 8th, 185f.

Senate met pursuant to adjournment.
A quorum present.
Rev. Dr. DuBose officiated as Chaplain.
On motion of Mr. Dawkins, the reading of yesterday', journal wa~
-dispensed with;

Pursuant to previous notice the following bills were introduced
and placed among the orders of the day:
By Mr. Nicholson :
A bill to be entitled an Act in addition to and amendatory of the
several acts concerning Pleading and Practice in civil and criminal
cases; and
A bill to be entitled an Act to prevent insubordination among
slaves.
Mr. Hawes gave notice that he would on some future day ask
leave to introduce,
A bill to be entitled an Act to explain and enforce the 16th clause
of an Act entitled an Act to provide for and encourage a liberal sys-
tem on Internal Improvements in this State.
Mr. McQueen presented the petition of sundry citizens of Lafay-
ette county, praying for the relief of Andrew J. Lanier;
Which was received and referred to the Committee on Proposi-
tions and Grievances.
Mr. Jones presented resolutions asking aid to improve the naviga-
tion of Holmes Creek;
Which were received and placed among the orders of the day.
Mr. Lamar from the Committee on Engrossed bills made the fol-
lowing report:
Mu. PRESIDENT:
Sir :-The Committee on Engrossed Bills beg leave to report the
following bills as correctly engrossed :
A bill to be entitled an Act to change the dividing line between
the Counties of Putnam and St. Johns;
A bill to be entitled an Act to prohibit the circulation in this
State, of Foreign Bank bills of less denomination than five dollars;
A bill to be entitled an Act to provide for the payment of costs
by plaintiffs, in certain cases in the Western Judicial Circuit;
A bill to be entitled an Act amending the Pilot laws for the Bay
and Harbor of the City of Pensacola;
A bill to be entitled an Act to empower John W Broxson and Isaac
Bronsonl to assume the management of their own estates ;
A bill to be entitled an Act to authorize the Trustees of the In-
ternal Improvement Fund to clean out the channel of the Oklawa-
ha river in this State, for the purpose of improving the navigation of
the same, and for other purposes.
Respectfully submitted,
T. B. LAMAR,
Chm'n Com. on Engrossed Bills.
Which was received and the accompanying bills placed among the
ordres of the day.

Mr. Call from the Committee on .Judiciary made the following re-
port :
The Committe on the Judiciary to whom was referred a bill to ie
entitled an Act in relation to Co urts of Probate in this State,

REPORT:

That they have examined the provisions of the same and recom-
mend its passage as amended.
G. W. CALL, Chairman;
Which was received, and the accompanying bill placed among
the orders of the day.
Mr. Call from the Committee on Judiciary made the following re-
port:
The Judiciary Committee to whom was referred the memorial and.
accompanying documents of John K. Mitchell,

REPORT:

That the papers filed exhibit a case of hardship, doubtless, buf.
not one that it is in the power of the General Assembly to redress
the memorialist must find his remedy if any before the Courts. To
prevent a reputation of similar complaints. Your Committee re-
commend the passage of the accompanying bill to be entitled an Act
for the recovery of taxes illegally exacted.
GEO. W. CALL,
From Judiciary Committee.
Which was received, and the accompanying bill placed among
the orders of the day.
Mr. Call from the Committee on Judiciary made the following re-
port :
The Judiciary Committee to whom was referred the bill more
fully defining the duties of the Tax Assessor and Collector of the
city of Pensacola, recommend that the same do pass.
GEO. W. CALL,
From Judiciary Committee.
Which was received, and the accompanying bill placed among
the orders of the day.
Mr. Call from the Committee on Jpdiciary made the following re-
port:
The Committee on the Judiciary to whom was referred a bill to'
be entitled an Act in relation to dower,

82

REPORT:

That they have examined said bill, and in as much as its provi-
sions conflict with a bill on the same subject which has hiready becit
recommended to the favorable consideration of the Senate, they re-
commend that this bill do not pass.
GEO. V. CALL,
From Judicary Committee.
Which was received, and the accompanying bill placed among
the orders of the day.
Mr. Call from the Committee on Judiciary "made 'the following re-
port:
The Judiciary Committee to whbm was'referred the Act to prd-
vide for the attendance of slave witnesses il capital cases, reconi-
mend the passage of the same.
GEO. W. CALL,
From Judiciary Committee.
Which was received, and the accompanying bill placed among
the orders of the day.
Mr. Call from the Commiittce on Judiciary fhade the following re-
port:
The Judiciary Committee tb whom was referred the bill to be en-
titled an Act to prohibit trespasses upon Railidoad Land Grants, iec-
ommend that the same do pass with the following additional sec-
tion :
S dTION 2; That this Act shall not apply to residents on said
Lands so as to prohibit them from using material for domestics pur-
poses.
GEO. W. CALL,
From Judiciary Committee.
Which was received, and the accompanying bill placed among
'the orders of the day.
Mr. Baldwin fiom the Commiitte on Internal Improvem'ents, made
'the following report:
MI. PRESIDENT:
Sir :-The dommitte t6 ivhoi was referred, a Resolution relative
to the Indian & St. Johns river canal;
And also a Resolution relative to the several Rail-rokds in this
State, beg leave 'to,

REPORT:

That they have examined the same and in reference to the Reso-
lution first named, they are of the opinion that the provision therein

proposed, would, if carriecl out by this Legislature, ba an alteration of
the Internal Improvement Act such as it has no right to make. And
in reference to the other Resolution, the Committee are also unan-
imous in the opinion that a similar objection to it exists. Inasmuch
as by it, it is proposed to make the Rail-road Companies an actual
bona fide donation of Lands, which have by the Internal Improve-
ment Act been placed in trust, and the proceeds of their sale are es-
pecially appropriated to paying the interest only, on Bonds used by
the several Railroad Companies, for Ironing and equiping thier re-
spective Roads, which interest, it is contemplated by the Act, will
be refunded to the Trustees of the Fund, by these Rail-road Compa-
nies, after their respective Roads have been built and are put in
operation, and the stock of the several Companies held by the Trus-
tees, as surety for the interest paid out of the fund, is also held in
trust, to be redeemed by the respective Companies ; that is the prop-
erty of the Companies put in pledge with the Trustees and cannot
be disposed of by the Legislature or Trustees, except in the manner.
provided in said Internal Improvement Act.
The provisions of these Resolutions, therefore are not, in the opin-
ion of your Committee, consistent yvith the spirit and letter of the
Act to provide for and encourage a liberal System of Internal Im-
provements in this State.
Therefore, they recommend thpa these Resolutions. do not pass.
Resppctfully submitted,
A. S. BALD.WIN.
From Commnittee of Internal Improvements.
Which was received, and the ac-ompaning Resolutions placed
among the orders of the day.
Mr. Call from the Committee op Judiciary made the following re-
port:
The Judiciary Committee to whom. was referred the bill entitled
an Act concerning replevin, recommend its passage.
GEO. W. CALL,
From Judiciary Committee.
Which was received,, and the. accompanying bill placed among,
the orders of the day.
Mr. Call from the Committee on Judiciary made the following re-
port:
The Judiciary Committee to whom was referred the bill entitled
4n Act amendatory of the several Acts in force in this State in ref-
erence to costs in suits at Law and in Equity, in the several Courts
in'this State, recommend that said bill do not pass.
GEO. W. CALL,
From Judiciary Committee.

Which was received, and the accompanying bill placed among
the orders or the day.
Mr. Call from the Committee on Judiciary made the following re-
port:
The Judiciary Committee to whom was referred the bill entitled
.:; Act authorizing a bridge tax in Walton county,

REPORT:

That the same is a local bill to which there are no objections, and
.recommend its passage.
GEO. W. CALL,
From Judiciary Committee.
Which was received, and the accompanying bill placed among
the orders of the day.

ORDERS OF THE DAY.

A bill to be entitled an Act in relation to Courts of Probate in
this State;
Was read the second time, rules waived, read a third time and
put upon its passage;
Upon which the vote was :
Yeas-Mr. President, Messrs. Baldwin, Call, Dawkins, Dell, Eu-
banks, Hawes, Jones, Keitt, McElvy, McQueen, Nicholson and
Welch-13.
Nays-None.
So said biil passed-title as stated.
Ordered that the same be certified to the House of Representa-
tives.
A bill to be entitled an Act in relation to dower;
Was read the second time, and on motion, was indefinitely post-
poned.
A bill to be entitled an Act for the recovery of taxes illegally ex-
acted;
Was read the first time and ordered for a second reading on to-
morrow.
A bill to be entitled an Act authorizing a bridge tax in Walton
county;
Was read the second time.
Mr. Lamar offered the following amendment:
Strike out fifty per centum," and add twenty-five per centum ;"
Which was adopted, and the bill as amended, ordered to be en-.
grossed for a third reading on to-marrow.

A bill to be entitled an Act to prohibit trespasses upon Railroad
land grants;
Was read the second time;
The amendment offered by the Judiciary Committtee adopted,
and the bill as amend ordered to be engrossed for a third reading on
to-morrow.
A, bill to be entitled an Act to provide for the attendance of slave
witnesses in capital cases;
Was read a second time and ordered to be engrossed for a third
reading on to-morrow.
A bill to be entitled an Act more fully defining the duties of Tax
Assessors and Collectors;
Was read the second time and ordered to be engrossed for a third
reading on to-morrow.
Resolution relative to the Indian River & St. Johns River Canal;
Was read the second time, and on motion passed over informally.
Resolution relative to the several Railroads in this State;
Was read the second time, and ordered to be engrossed for a third
reading on to-morrow.
A bill to be entitled an Act amendatory of the several acts of force
in this State in reference to costs in suits at law and in equity, in
the several Courts of this State;
Was read a second time.
Mr. Keitt moved that the bill be indefinitely postponed;
The yeas and nays were called for by Messrs Dell and Lamar ;
Upon which the vote was:
Yeas-Messrs. Dawkins, Jones and Keitt-3.
Nays-Mr. President, Messrs. Baldwin, Call, Dell, Eubanks, Hawes,
Lamar, McCall, McQueen, Nicholson and Welch-11.
So said motion was lost.
On motion, the bill was passed over informally.
A bill to be entitled an Act concerning Replevin;
Was read the second time and ordered to be engrossed for a third
reading on to-morrow.
House bill to be entitled an Act to change the time of holding
the Circuit Court in the counties of Hamilton and Taylor, in the
Middle Judicial Circuit;
Was read the second time and ordered for a third reading on to-
morrow.
House bill to be entitled an Act to authorize the Board of Educa-
tion of the State Seminary West of the Suwannee, to confer Colle-
giate degrees;
Was read the second time, and referred to the Committee on
Schools and Colleges.
House bill to be entitled an Act to change the name of George
Gibbs Smith;

Was read the second time and ordered for a third reading on to:
morrow.
House bill to be entitled an Act for the relief Alien Gibson;
Was read the second time, and referred to the Committee on
Claims and Accomnts.
House bill to be entitled an Act to authorize John S. Addison, a
minor of Marion county, to assume the management of his own es-
tate;
Was read the second time, rules waived, read a third time and
put upon its passage;
Upon which the vote was:
Yeas-Mi. President, Messrs. Baldwin, Call, Dawkins, Hawes,
Jones, Keitt, Lnmar, McCall, McElvy, McQueen, Nicholson and
Welch--12.
Nay-Mr. Eubanks-1.
So said bill passed-title as stated.
Ordered that the same be certified to. the House of Representa-
tives.
House bill to be entitled an Act to allow additional compensation
to County Commissioners;
Was read the second time and ordered for a third reading on to-
morrow.
A bill to be entitled an Act to remove the State Seminary East of
the Suwannee, to some more suitable and healthy locality;
Was read a second time and referred'to the Committee on Schools
and Colleges.
A bill to be entitled an Act to prevent the killing of stock in cer-
tain cases ;
Was read the second time and referred to the Committee on Ju-
diciary.
A bill to be entitled an Act relative to the offices of Sheriff and
Circuit Court Clerk in the County of Washington;
Was read a second time and ordered to be engrossed for a third
reading on to-morrow.
A bill to be entitled an Act to authorize Edmind N. Everett, of
Washington county, to assume the management of his own estate;
Was read a second time and ordered to be engrossed for a third
reading on to-morrow.
Mr. McCall moved that the rules be waived that he might intro-
duce a bill without previous notice, and that the Senators from Nas-
sau and Gadsden be included in the motion;
Which was adopted and the bills placed among the orders of the
day.
By Mr. McCall:
A bill to be entitled an Act to authorize. Daniel Newnan Cone, a

minor of Columbia county, to assume the management of his own
estate.
By Mr. McElvy:
A bill to be entitled an Act to change the line between Gadsden
and Liberty counties.
By Mr. Call :
A bill to be entitled an Act still further defining the duties of the
Trustees of the Internal Improvement Fund.
The rules being waived Mr. McCall made the following report:
Mr McCall from the committee on the Militia, reports back to
the Senate, an Act for the relief of Beinjaimin Hopkins, and recom-
mends the passage of the bill.
W. W. McCALL,
Chairman of the Committee on Militia.
Which was received and the accompanying bills placed among
the orders of the day.
The rules being waived, Mr. McQueen moved that the petition
and vouchers of Spencer T. Thomas, be transferred from the Commit-
tee on Claims and'Accounts, to the select Committee of three ap-
pointed on yesterday to examine a bill entitled an Act for the re-
lief of the said Spencer T. Thomas;
Which motion was adopted.
A bill to be entitled an Act to Incorporate the Lagoon and Per-
dido Canal Company;
Was read a second time by its title and referred to the Commit-
tee on Corporations;
House bill to be entitled an Act to change the name of George
Frisby;
Was read the second time and ordered for a third reading on to-
morrow.
A bill to be entitled an Act to change the dividing line- between
the Counties of Puitnam and St. Johns;
Was read the third time and put upon its passage;
Upon which the vote was:
Yeas-Mr. President, Messrs. Baldwin, Call, Dawkins, Dell, Eu-
banks, Hawes, Jbnes, Keitt, Lamar, McCall, McElvy, McQueen, Nich-
olson and Welch-15.
Nays-None.
So said bill passed-title as stated.
Ordered that the same be certified to the House of Representa-
tives.
A bill to be entitled an Act amending the Pilot Laws for the Bay
and Harbor of Pensacola;
Was read a third time and put upon its passage;
Upon which the vote was:

SYeas-Mr. President, Messrs. Baldwin, Call, Dawkins, Eubanks,
Hawes, Jones, Keitt, Lamar, McCall, McElvy, McQueen, Nicholson
and Welch-14.
Nays-none.
So said bill passed-title as stated.
Ordered that the same be certified to the House of Representa-
tives.
A bill to be entitled an Act to provide for the payment of costa
by plaintiffs in certain cases in the Western Judicial Circuit;
Was read the third time, and on motion was placed back upon
its second reading;
Upon which Mr. Dawkins offered the following amendment:
Strike out the word "reserve" and insert the word recover" in
its place.
Which amendment was agreed to, and the bill as amended, or-
dered to be engrossed for a third reading on to-morrow.
A bill to be entitled an Act to -empower John W. Broxon and
Isaac Broxon'to assume the management of their own estates;
Was read the third time and put upon its passage;
Upon which the vote was:
Yeas-Mr. President, Messrs. Baldwin, Call, Dawkins, -lawes,
Jones, Keitt, McCall, McElvy, McQueen, Nicholson and Welch-12.
Nays-Messrs. Dell, Enbanks, and Lamar-3.
So said bill passed-title as stated.
Ordered that the same be certified to the House of Representa-
tives.
A bill to be entitled an Act to authorize the Trustees of the In-
tornal Improvement Fund to clear out the channel of the Oclawaha
river in this State, for the purpose of improving the navigation of
the same, and for other purposes;
Was read a third time and put upon its passage;
Upon which the vote was:
Yeas-Mr. President, Messrs. Call, Hawes, Jones, Keitt, McElvy,
McQueen and Welch-8.
Nays-Messrs. Dawkins, Dell, Eubanks, Lamar and Nicholson-5
So said bill passed-title as stated.
Ordered that the same be certified to the House of Representa-
tives.
Resolution asking aid to improve the navigation of Holmes Creek;
Was read the first time, rules waved, read a second time by its ti-
tle, and ordered to be engrossed for a thiad reading on to-morrow.
On motion, the Senate adjourned until 10 o'clock to-morrow
morning.

'RIDAY, December 9th, 1859.

Senate met puirsuant to adjournment.
A quorum present.
Rev. Dr. DuBose officiated as Chaplain.
On motion, the reading of yesterday's journal was dispensed with,.
Mr. McCall moved to waive the rules, so that the Lake City and
Snwannee Railroad Company bill might be read a second timo by'
its title and referred to the Committee on Corporations;
Which motion was adopted.
The Committee on Militia made the following majority report:
The Committee on the Militia to whom has been referred a bill
for the relief of Benjamin Iopkins, ask leave to

REPORT,

That they have had the same under consideration, and find noth-
ing materially different troin the Report made by the Committee on
Claims and Accounts the last Session, which they herewith present
as embodying the views of your Committee as full as anything we
can present.
We lhrncwith present the report of the Committee on Claims and
Accounts, reported at the last Session of the General Assembly, to-
wit: The Committee on Claims and Accounts to whom has been re-
ferred a resolution for the relief of Benjamin lopkins, es-k leave to
Report, lhat the/ have had the same under consideration, and find'
in the Acts of 1852-'53, a joint resolution cf the General Assembly,
authorizing th. payment of one hundred and fifty dollars per month
to Benjamin IIopkins, while in actual service, and find also in Gov-
ernor Brown's message to the General Assembly of the same Session,
that Gen. Hopkins was called into services as the Special Agent of
the State, and had not more than forty men in the service at any
time, and we are informed and believe that the compen;stion al-
lowed tc Special Agents called into the service of the State, since
the date that Gen. Hopkins' term expired, has been fixed at three
dollars per day, with other and actual necessary expenses by the
Governor of this State, while Gen. Hopkins received for the same
kind of service five dollars per day.
Your Committee are further of the opinion that to allow Gen.
Hopkins the pay of Major General would be adopting a precedent
for all persons who have been called into the service of the State, or
who may hereafter be called in as Special Agent to be entitled to
the same pay that the said Gen. Hopkins would receive, which irt
the opinion of your Committee would be detrimental to the best
interest of the State. Your Committee are of the opinion that Gen:
12

IHopkins has received fiill compensation for the services rendered,
they therefore recommend that the resolution do not pass.
Your Committee will say f-rther, that if Gen. Hopkins had been
called into the service of the State as Major General, they would
readily recommend his being paid as such, but as he was not, we
believe that lie has had full compensation for his services; we there-
fore recommend the bill do not pass.
J. W. McQUEEN;
P. DELL,
W. J. KEITT,
Which was received and read.
Mr. Baker from the Committeuon Corporations, made the fol-
lowing report:
The Committee on Corporations to whom was refc.ired a bill to in-
corporate the town of Ocala, have had the same under consideration
and recommend its passage.
J. McROBERT BAKER,
Chairman Comn on Corporations.
Which was read and the accompanying bill placed among the or-
tders of the day.
Mr. Baldwin from the Committee on Corporations, made the fol-
lowing report:
The Committee on Corporations to whom was referred a bill to be
entitled an Act to incorporate the Lake City and Sawannee Rail-
road Company,

REPORT,

That they have had the same under consideration, and report it
back and recommend its passage as recommended.
A. S. BALDWIN,
Of the Com. on Corporations.
Which report was received and the accompanying bill placed
among the oders of the day.
The Committee on Engrossed Bills made the following report:
The Committe on Engrossed Bills beg leave to report the follow-
ing bills as correctly engrossed:
A bill to be entitled an Act to provide for the attendance of slaves;
Resolution asking aid to improve the navigation of Holmes
treek;
A bill to be entitled an Act more fully defining the duties of Tax
Assessbr & Collector in the city of Pensacola;
Resolution relative to the several Rail-roads in this State;

A bill to be entitled an Act authorizing a Bridge Tax in Wal-
ton county;
A bill to be entitle an Act to prohibit Tresspasses on Rail-road
land grants;
A bill to be "entitled an Act authorizing Edward Everett to as-
sume the management of his own property.
Respecefully submitted,
A. W. NICHOLSON,
Act. Ch'n.
Which was read and the accompanying bills placed among the or.
ders of the day.
The following Message from the House of Representatives was re-
ceivd :
HOUSE OF REPRESENTATIVES, (
Dec. 8, 1859. f
HoN. JOHN FINLAYSON,
President of the Senate:
Sir :--The House of Representatives have passed the following
bills, viz:
A bill to be entitled an Act to authorize the Supreme Court to
establish rules in Chancery Practice ;
A bill to be entitled an Act for the payment of the Florida Vol-
unteers called into service under the requisition of the Governor of
this State, for services rendered previousto their being Mustered in,
during the years 1855-0;
A bill to be entitled an Act to amend the laws of this State rela-
ting to Divorce;
A bill to be entitled an Act in relation to records;
A bill to be entitled an Act to require physicians and Surgeons
to file certified copies of their Diplomas;
A bill to be entitled an Act to unite the Offices of Judge of Pro-
bate and Clerk of the Circuit Court in Volusia County ;
A resolution for the relief of the Comptroller of the State
A resolution relative to the office of Register of the United States
Lands at Tallahassee. Also Senate bills:
A bill to be entitled an Act for the relief of Noah P. Suggs, of
Lafayette County;
A bill to be entitled an Act allowing two Judges of the Supreme
Court to hold a Court in the absence of the third Judge.
Very Respectfully,
E. M. GRAHAM,
Clerk House Representatives.
Which was read and the accompanying bills placed among the or-
ders of the day, and the Senate bills ordered to be enrolled.

The following message was received fiom the House of Represen-
tatives:
HOUSE OF REPRESENTATIVES,
December 7th, 1859.
ITON. Jons FENLAYSON,
President of the Senate:
Sir:-The House of Representatives has this day passed the fel-
lowing bills, viz:
Senate bill to be entitled an Act to correct an error in the pril1
ted Act entitle an Act to incorporate the city of Lake City;
A bill to be entitled an Act to empower Susan M. Croom, a :
nor of Leon county, to assume the management of her own estate;
SA bill to be entitled an Act to empower William W. Tucker,:,
minor of Jefferson county, to assume the management of his own es-
tate;
A bill to be entitled an Act to change the name of Andrew J.
Revells, of Madison county, to t' at of Andrew J. Duncan;
A bill to be entitled an Act to empower David Franklin Houck
to assume the management of his own estate;
A bill to be entitled an Act to empower Charles. Maltby West, a
minor of Leon county, to assume the management of his own estate,
A bill to be entitled an Act to require Justices of the Peace to
give bond;
A bill to be entitled an Act repealing certain Acts passed in rela.
tion to the county officers of Calhoun co-nty;
A bill to be entitled an Act to prevent the unnecessary use of firo-
arms in the State of Florida on the Sabbath iay.
Very Respectfully,
E. M. GRAHAM,
Clerk House of Representatives.
Which were read, and the accompanying bills placed among the
orders of the day, and the Senate bill ordered to be enrolled.
Mr. Baker moved that the bill to refer the bill entitled an Act for
the relief of Spencer'T. Thomas, and the petition as to the same, be
referred back again to the Senate, and placed among the present or-
ders of the day ;
Which motion was adopted.

ORDERS OF THE DAY.

House bill to be entitled an Act to authorize the Supreme Court
to establish rules in Chancery practice;
Was read the first time and ordered for a second reading on to-
rporrow.
House bill to be entitled an Act for the payment of the Florida

Volunteers, called into service under the requisition of the Governor
of this State, for services rendered previous to their being mustered
in, during the years 1855-'56;
Was read the first time and ordered for a second reading on to-
morrow.
House bill to be entitled an Act to require Physicians and Sur-
geons to file certified copies of their Diplomas;
Was read the first time and ordered for a second reading on to-
morrow.
House bill to be entitled an Act to amend the laws of this State
relating to Divorce;
Was read the first time and ordered for a second reading on to-
morrow.
House bill to be entitled an Act in relation to records;
Was read the first time and ordered for a second reading on to-
morrow.
House bill to be entitled an Act to unite the offices of Judge of
Probate and Clerk of the Circuit Court in Volusia county ;
Was read the first time and ordered for a second reading on to-
morrow.
A bill to be entitled an Act for the recovery of taxes illegally ex.,
acted ;
On motion, was passed over informally.
House resolution for the relief of the Comptroller of this State;
Was read and put upon its passage;
Upon which the vote was:
Yeas-Messrs. Baker, Baldwin, Dawkins, Dell, Eubanks, IIawes,
Jones, McCall, McElvy, McQucen, Nicholson and Welch-12.
Nays-none.
So said resolution passed-title as stated.
Ordered that the same be certified to the House of Representa-
tives.
House resolution relative to tle office of Register of U. S. Lands,
at Tallahassee;
Was read and put upon its passage;
Upon which the vote was:
Yea-Mr. Nicholson-1.
Nays-Messrs. Baker, Baldwin, Dawkins, Dell, Eubanks, Hawes,
Jones, McElvy, McQueen and Welch-10.
So said resolution was lost.
Ordered that the same be certified to the House of LRepresenta-
tives.
House bill to be entitled an Act to change the name of George
Gibbs Smith ;
Was read the third time and put upon its passage;
Upon which the vote was:

94

Yeas-Mcssrs. Baker, Baldwin, Dawkins, Dell, Eubanks, Hawes,
Jones, McCall,, McElvy, MeQueen, Nicholson and Welch-12.
Nays-None.
So said bill passed-title as stated.
Ordered that the sqme be certified to the House of Representa-
tives.
House bill to be entitled an Act to allow additional compensation
to County Commissioners;
Was read the third time and put upon its passage;
Upon which the vote was:
Yeas-Messrs. Baker, Baldwin, Dawkins, Eubanks, Jones, Keitt,
McQueen and Nicholson-8.
Nays-Messrs. Dell, McCall, McElvy and Welch-4.
So said bill passed-title as stated.
Ordered that the same be certified to the House of Represent-
tives.
House bill to be entitled an Act to change the name of George
Frisby;
Was read a third time and put upon its passage;
Upon which the vote was :
Yeas.-Messrs. Baker, Baldwin, Dell, Eubanks, Jones, Keitt, Mc-
llvy, McQueen, Nicholson and Welch-10.
Nay-Mr. Dawkins-1.
So said bill passed-title as stated.
Ordered that the same be certified to the House of Representa-
tives.
House bill to be entitled an Act to change the time of holding
the Circuit Court in the counties of Hamilton and Taylor, in the
Middle Judical Circuit of Florida;
Was read a third time and put upon its passage;,
Upon which the vote was:
Yeas-Mr. President, Messrs. Bayer, Baldwin, Dawkins, Dell,
Eubanks, Jones, Keitt, McElvy, McQueen, Nicholson and Welch-
12.
Nays--None.
So said bill passed-title as stated.
Ordered that the same be certified to the House of Representa-
tives.
A bill to be entitled an Act to authorize Daniel Newnan Cone, a
minor, of Columbia county, to assume the management of his own es-
tate;
Was read the first time and ordered for a second reading on to-
morrow.
A bill to be entitled an Act to change the line between Gads-
den and Liberty counties;
tWa read the first time, rules waived, read the second time by its

title, and ordered to be engrossed for a third reading on to-morrow.
A bill to be entitled an Act for the relief of Benjamin Hopkins,
and others;
'Was read the first time, rules waived, read a second time by its
title, and ordered to be engrossed for a third reading on to-morrow.
A bill to be entitled an Act to prevent insubordination among
slaves;
Was read the first time, rules waived, read a second time by its
title, and referred to the Committee on Propositions and Grievance".
A bill to be entitled an Act in addition to and amendatory of the
several acts concerning Pleading and Practice in civil and criminal
cases;
Was read the first time, rules waived, read the second time by its
title, and referred to the Committee on the Judiciary.
A bill to be entitled an Act still further defining the duties of the
Trustees of the Internal Improvement Fund;
Was read the first time, rules waived, read a second time by its
title, referred to the Committee on Internal Improvements and 80
copies ordered to be printed.
A bill to be entitled an Act to incorporate the City of Ocala;
Was read the first time, rules waived, read a second time by-its
title, and ordered to be engrossed fbr a third reading on to-morrow.
Mr. Baker moved that the letter of the Chairman of the Commit-
tee on Corporations to the Attorney General, and his response to the
same be.placed upon the records as part of the previous report of
the Committee on Corporations, and that the opinion therein con-
'tained is hereby sanctioned and approved;
Which motion was adopted.

ATTORNEY GENERAL'S OFInxoE,
TALLAHASSEE, December, 8th, 1859.
'Hon. J. McROBERT BAKER,
Chm'n Senate Com. on Corporations:
Sir:-In response to the enquiries contained in your letter of
yesterdays date, I have to state that in my opinion it is necessary
before the Legislature is authorized to pass an Act of Incorporation,
that public notice should be given in one or more newspapers in the
State, for at least three months, immediately preceding the Session;
'at which the same may be applied for, and that the Session contem-
. lated, is not an adjourned Session but one following an election foi

members of the General Assembly. I am also of opinion that
amendents to acts of Incorporation, fall within the same rule.
Very respectfully,
M. D. PAPY,

SENATE CHAMBER,
TALLAHIASSEE FLA,, Dee. 7th 1859.
Ho, M. D. PAPY:
Atty Gen'l State of Florida,
Present
Dear Sir :-Several bills have been referred to the Committees
on Corporations in which the following legal questions arise:
1st. Is it legally necessary to advertise as to Charter Acts of In-
corporation &c., before each Session of the Legislature.
2nd. If legally necessary, must not and does not each required ad-
vertisement refer to the first Session of the 7th, 8th or 9;h Legisla-
ture, as the ease may be, and will such an advertisement, before an
adjourned Session of the Legislature, be in compliance with the law,
3rd. Does not the law equally apply to amendments too, as to
original Charters.
Your reply will oblige myself and the members of the Commit
tee.
Very respectfully,
J. McROBERT BAKER,
Chm'n of the Coin. on Corporations.
A bill to be entitled an Act to [incorporate the Lake City & Su-
wannee Railroad Company;
Was read the second time and ordered to be engrossed as amend-
ed, for a third reading on to-morrow.
A bill to be entitled an Act to' provide for the payment of costs.
by plaintiffs in certain cases in the Western Judicial Circuit;
Was read the third time and put upon its passage;.
Upon which the vote was:
Yeas-Mr. President, Messrs. Baker, Dawkins, Dell, Eubanks,
Jones, Keitt, McElvy, Nicholson and Welch-10.
Nays-Messrs. Call and McQucen-2.
So said bill passed-title as stated.
Ordered that the same be certified to the House of Representa-
tives.
House bill to be entitled an Act repealing certain acts passed in
relation to the county officers of Calloun county;

Was read the first time, and on motion, was passed over inibr-
Inally.
House bill to be entitled an Act to preventtthe unnecessary use
of fire-arms in the State of Florida on the Sabbath day ;
Was iead the first time and ordered for a second reading on to-
morrow.
House bill to be entitled an Act to require Justices of the Peace
to give bond;
Was read the first time and ordered for a second reading on to-
morrow.
House bill to be entitled an Act to allow William W. Tucker, of
Jefferson county, to assume the management of his own estate;
Was read the first time and ordered for a second reading on to-
morrow.
House bill to be entitled an Act to change the name of Andrew
J. Revells, of Madison county, to that of Andrew J. Duncan;
Was read the first time and ordered for a second reading on to-
morrow.
House bill to be entitled an Act to empower Susan M. Croom, a
minor, of Leon county, to assume the management of her own es-
.1:to;
Was read the first time, rules waived, read a second time by its
1 tle and ordered for a third reading on to-morrow.
House bill to be entitled an Act to empower David Franklird
.! ouck to assume the management of his own estate;
Was read the first time, rules waived, read a second time by its
title, and ordered for a third reading on to-morrow.
House bill to be entitled an Act to empower Charles Maltbie
West, a minor, of Leon county, to assume the management of his
own estate;
Was read the first time, rules waived, read a second time by its
title, and ordered for a third-reading on to morrow.
A bill to be entitled an an Act to provide for the attendance of
slave witnesses in capital cases; ,
Was read the second time and passed over informally.
A bill to be entitled an Act more fully defining the duties of Tax
Assessors and Collectors for the City of Pensacola;
Was read' the third time and put upon its passage;
Upon which the vote was:
Yeas-Mr. President, Messrs. Baker, Baldwin, Call, Dawkins, Eu-
banks, Jones, Keitt, McQueen,'Nicholson and Welch-11.
Nay-Mr. Dell--1
;So said bill passed-~-ifle as stated.
Ordered that the name be certified to the House of Represehta-

A bill to be entitled an Act to prohibit trespasses upon Railroad
Land Grants ;
Was read the third time and put upon its passage;
Upon which the vote was:
Yeas-Mr. President, Messrs..Baker, Baldwin, Call, Dawkins, Eu-
banks, Jones, Keitt, McQueen, Nicholson and 'Welch-11.
Nay-Mr. Dell-1.
SoI said bill passed-title as stated.
Ordered that the same be certified to the House of Representa-
tives.
A bill to be entitled an Act to authorize Edward N. Everett of
WVashington County, to assume the management of his own estate;
Was read a third time and put upon its passage;
Upon which the vote was:
Yeas-Mr. President, Messrs. Baker, Baldwin, Call, Dell, Jones,
Keitt, McQueen, Nicholson and Welch-10.
Nay-Mr. Eubanks-1.
So said bill passed-title as stated.
Ordered that the same be certified to the House of Representa-
tives.
A billto be entitled an Act authorizing a Bridge Tax in Walton
k(ouunty;
Was read the third time and put upon its passage;
Upon which the vote was:
Yeas-Mr. President, Messrs. Baker, Baldwin, Call, Dawkins, Dell,
Eubanks, Jones, Kcitt, McQneen, Nicholson and Welch-12.
Nays-None.
So said bill passed-title as stated.
Ordered that the same be certified to the House of Representa-
tives.
Resolution relative to the several Rail-roads in this State;
Was read a third time and put upon its passage;
Upon which the vote was;
Yeas-Messrs Baker, Call, Dawkins, Dell, Keitt and McQueen-
6
Nays-Mr. President, Messrs. Baldwin, Eubanks, Nicholson and
Welch-5.
.So said resolution passed-title as stated;
Ordered that tho same be certified to the House of Represen-
tatives.
Resolution asking aid to improve the navigation of Holmes Creek;
Was read a third time and put upon its passage;
Upon which the vote was; ;*
Yeas-Mr. President, Messrs. Baker, Dawkins, Eubanks, Jones,
Keitt. McElvy, McQueen, Nicholson and Welch-10.
Nays-Messrs. Baldwin- and Dell-2.

So said resolution passed-titled as staitd.
Ordered that the same be certified to tie HIIouse of representa-
tives.
A bill to be entitled .n Act for the relief of Spencer T. Thomas:
Was read the second time.
On motion of iMr. Call, the further reading- of the bill was dis-
pensed with.
Mr. Call moved a call of the House;
The roll I cing called, the following members answered to irliri
names :
Messrs. Baker, Call, Dawkins, Dell, Enbanks. Jones, Keitt, 31e-
Queen, Nicholson and Welch-10.
There being no quorum ]resent,
Mr. Call moved that the Sergeant-at-Armins be sent 'ior the alsoel-
tees, pending which a quorum appeared, and on motion of Mr. (all,
the further proceedings on the call were dispensed with; and
The bill ordered to be engrossed for a third reading on to-morrow.
On motion, the Senate adjourned until to-morrow morning 1l
o'clock.

-0-

SATTURDAY, December, 10th, 1859.

The Senate met pursuant to adjournment.
A quorum present.
On motion of Mr. Jones, the further reading of yesterday's jour-.
nal was dispensed with, and the journal corrected and approved.
Mr. Baldwin moved that a bill to be entitled an Act to provide
for the disposal of lauds granted by Congress to the State of Florida,
to aid in the construction of certain Railroads, which was laid on the
table on the 14th of January, 1859, be taken up and placed among
the orders of the day.
Mr. Lamar moved to lay the motion on the table;
Which motion was lost.
The question was then taken upon the motion of Mr. Baldwin
Which was lost. 4?
On motion of Mr. K.-itt, the vote taken upon the motion of Mr.
Baldwin was reconsidered:
Mr. Call moved to amend by adding and that the first resolution
for adjourning on the 17th inst., be and the same is hereby rescind-
ed."

Mr1. Baker move mod o nd as follows :
That it is the opinion of this House that the subject matters con-
taiued within the Act, are within the province of the Judicial and
not the Legislative, branch of ite Governmi;ot. -
Mr. Call moved thl. adoption of the :unendment of Mr. Baker, as
a substitute for the motion of Mr'. Baldwin.
Mr. McCa1i moved thnat the original motion of the Senator from
Duval, togeti.T r with the a!enliincits and substitnte be made the
special order of the day ie Monday next.
Mr. Dell moved that the original notion and tie substitute and
amenidmients bIe iid pon the t the table ;
On which ihe yeIm :'d n.-y; wvare called for by Messrs. )ell and
iainar;
Upon which lie vote .was:
Yeas-Mr. .'resideit, Me.s-srs. Call, Dell, Kcitt, Lamar, McQueen
ind Nicholsou-7.
Nays-M-ss'. i;nker, Dialdwvin, Dawk ins, Eubanks, Hawes, Mct( 'all
and Velech-7.
So said motion was lo:t.
The question was tihen takdpn upon the motion of Mr. McCali
On which the eas an,' nays were called for by MeIssrs. MAACall
and Call;
Upon which ithe vote wa: :
Yeas-Mr. YIresident, Messrs. D;'ldvin, Dawkins, liawes, J.ones,
McCall, Nicholson and V,( L.h-8.
Nays-Messrs. :;aker, Call,Dell, Eubanks, Keitt, Lamar and VMe
Quien-7.
So said mot:.'". avz: adopted.
'unrsuant to previous r'otiie, Mr. Baldwin introduced a resolution
for the releif oi certain parties holding State witness and Jury scrip;
Which was placed among the orders of the day.
Mr. Lamar moved that the Senator from Alachua, be excused
l'rom attendance for lthe balance of Session;
On which the vyeas anid nam; were called for by Messrs. Call and
McCall ;
Upon which the vote was :
Yeas-Mr. Prlsidc ntr,Msss. Bk, Baldwin, Dawkins, I awes,
Jones, Keitt, Lamar, AMcCall, McQueen and Nicholson-11.
Nays-Messrs. Call, Euba;nls and Welch-3.
So said motion was adopted.
Mr. Baker moved that lhe be excused from attendance for the bal-
ance of the Ses-ion;
On which the yeas and nays were called for by Messrs. Call and
McCall;
Upon which the vote was:

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