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 November 1845
 December 1845
 Documents Accompanying the Governor's...
 Report of Seminary Lands


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!-- Journal of the proceedings House Representatives ... General Assembly State Florida, at its session ( Serial ) --
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PDIV1 Title Page
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PDIV2 November Chapter
PDIV3 Monday, SUB1
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PDIV4 Tuesday, Novmber 18
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PDIV39 Documents Accompanying Governor's Message, Appendix
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PDIV40 Report Seminary Lands
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A Journal of the proceedings of the House of Representatives of the ... General Assembly of the State of Florida, at its...
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 Material Information
Title: A Journal of the proceedings of the House of Representatives of the ... General Assembly of the State of Florida, at its ... session
Portion of title: Journal of proceedings of the House of Representatives of the General Assembly of the State of Florida, at its ... session
Journal
Alternate Title: House journal
Caption title: Journal of the House of Representatives of the State of Florida
Physical Description: v. : ; 23 cm.
Language: English
Creator: Florida -- Legislature. -- House of Representatives
Publisher: s.n.
Place of Publication: S.l
Manufacturer: Floridian Office
Creation Date: November 17, 1845
Publication Date: 1845-
Frequency: annual
regular
 Subjects
Subjects / Keywords: Legislative journals -- Periodicals -- Florida   ( lcsh )
Politics and government -- Periodicals -- Florida   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
serial   ( sobekcm )
 Notes
Dates or Sequential Designation: 1st General Assembly, 1st session (1845)-
General Note: At head of title: House journal.
General Note: Sometimes issued as: Journal of proceedings of the House of Representatives of the General Assembly of the State of Florida.
Funding: Digitized for the Florida House of Representatives, the Office of the Clerk.
 Record Information
Source Institution: University of Florida
Holding Location: Florida House of Representatives. Office of the Clerk.
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: aleph - 003417926
oclc - 12901223
lccn - sn 85065604
System ID: UF00027786:00003
 Related Items
Succeeded by: Journal of the proceedings of the Assembly of the State of Florida, at its ... session

Table of Contents
    Title Page
        Page 1
        Page 2
    November 1845
        Monday, November 17
            Page 3
        Tuesday, Novmber 18
            Page 4
            Page 5
            Page 6
            Page 7
            Page 8
            Page 9
            Page 10
            Page 11
            Page 12
            Page 13
            Page 14
            Page 15
            Page 16
            Page 17
        Wednesday, November 19
            Page 18
            Page 19
            Page 20
            Page 21
        Thursday, Novmeber 20
            Page 22
            Page 23
            Page 24
            Page 25
            Page 26
            Page 27
            Page 28
            Page 29
            Page 30
            Page 31
            Page 32
        Friday, November 21
            Page 33
            Page 34
            Page 35
        Saturday, November 22
            Page 36
        Monday, November 24
            Page 37
            Page 38
            Page 39
            Page 40
            Page 41
        Tuesday, November 25
            Page 42
            Page 43
            Page 44
            Page 45
            Page 46
            Page 47
        Wednesday, November 26
            Page 48
            Page 49
            Page 50
            Page 51
            Page 52
            Page 53
        Thursday, November 27
            Page 54
            Page 55
            Page 56
        Friday, November 28
            Page 57
            Page 58
            Page 59
            Page 60
        Saturday, November 29
            Page 61
            Page 62
            Page 63
            Page 64
    December 1845
        Monday, December 1
            Page 65
            Page 66
            Page 67
        Tuesday, December 2
            Page 68
            Page 69
            Page 70
            Page 71
        Wednesday, December 3
            Page 72
            Page 73
            Page 74
            Page 75
            Page 76
        Thursday, December 4
            Page 77
            Page 78
            Page 79
            Page 80
            Page 81
            Page 82
        Friday, December 5
            Page 83
            Page 84
            Page 85
            Page 86
        Saturday, December 6
            Page 87
            Page 88
            Page 89
            Page 90
            Page 91
            Page 92
        Monday, December 8
            Page 93
            Page 94
            Page 95
            Page 96
            Page 97
            Page 98
            Page 99
            Page 100
            Page 101
            Page 102
        Tuesday, December 9
            Page 103
            Page 104
            Page 105
            Page 106
            Page 107
            Page 108
        Wednesday, December 10
            Page 109
            Page 110
            Page 111
            Page 112
            Page 113
            Page 114
            Page 115
        Thursday, December 11
            Page 116
            Page 117
            Page 118
            Page 119
            Page 120
            Page 121
            Page 122
            Page 123
            Page 124
            Page 125
            Page 126
            Page 127
            Page 128
        Friday, December 12
            Page 129
            Page 130
            Page 131
            Page 132
            Page 133
            Page 134
        Saturday, December 13
            Page 135
            Page 136
            Page 137
            Page 138
        Monday, December 15
            Page 139
            Page 140
            Page 141
            Page 142
            Page 143
            Page 144
            Page 145
            Page 146
            Page 147
            Page 148
            Page 149
        Tuesday, December 16
            Page 150
            Page 151
            Page 152
            Page 153
            Page 154
            Page 155
            Page 156
            Page 157
            Page 158
            Page 159
            Page 160
            Page 161
        Wednesday, December 17
            Page 162
            Page 163
            Page 164
            Page 165
            Page 166
            Page 167
            Page 168
            Page 169
            Page 170
            Page 171
            Page 172
            Page 173
            Page 174
        Friday, December 19
            Page 175
            Page 176
            Page 177
            Page 178
            Page 179
            Page 180
            Page 181
            Page 182
        Saturday, December 20
            Page 183
            Page 184
            Page 185
            Page 186
            Page 187
            Page 188
            Page 189
            Page 190
        Monday, December 22
            Page 191
            Page 192
            Page 193
            Page 194
            Page 195
            Page 196
            Page 197
            Page 198
            Page 199
            Page 200
            Page 201
            Page 202
            Page 203
            Page 204
        Tuesday, December 23
            Page 205
            Page 206
            Page 207
            Page 208
            Page 209
            Page 210
            Page 211
            Page 212
            Page 213
            Page 214
            Page 215
            Page 216
            Page 217
            Page 218
        Wednesday, December 24
            Page 219
            Page 220
            Page 221
            Page 222
            Page 223
            Page 224
            Page 225
            Page 226
            Page 227
            Page 228
        Friday, December 26
            Page 229
            Page 230
            Page 231
            Page 232
            Page 233
            Page 234
            Page 235
            Page 236
            Page 237
        Saturday, December 27
            Page 238
            Page 239
            Page 240
            Page 241
            Page 242
            Page 243
            Page 244
            Page 245
            Page 246
            Page 247
            Page 248
            Page 249
        Monday, December 29
            Page 250
            Page 251
            Page 252
            Page 253
            Page 254
            Page 255
            Page 256
            Page 257
            Page 258
            Page 259
            Page 260
            Page 261
            Page 262
            Page 263
            Page 264
    Documents Accompanying the Governor's Message, 1845
        Page 1
        Page 2
        Page 3
        Page 4
        Page 5
        Page 6
        Page 7
        Page 8
        Page 9
        Page 10
        Page 11
        Page 12
        Page 13
        Page 14
        Page 15
        Page 16
        Page 17
        Page 18
        Page 19
        Page 20
        Page 21
        Page 22
        Page 23
        Page 24
        Page 25
        Page 26
        Page 27
        Page 28
        Page 29
        Page 30
        Page 31
        Page 32
        Page 33
        Page 34
        Page 35
        Page 36
    Report of Seminary Lands
        Page 37
        Page 38
        Page 39
        Page 40
        Page 41
        Page 42
        Page 43
        Page 44
        Page 45
        Page 46
        Page 47
        Page 48
        Page 49
        Page 50
        Page 51
        Page 52
Full Text




HOUSE JOURNALS.
A


JOURNAL OF THE PROCEEDINGS

OF THE


HOUSE OF REPRESENTATIVES

OF THE


FIRST GENERAL ASSEMBLY

OF THE


STATE OF FLORIDA,

AT AN




BEGUN AND HELD IN THE CITY OF TALLAHASSEE, ON
MONDAY, NOVEMBER 17, 1845.




TALLAHASSEE:

@OB ? s piaO1845. ia
1845.

















A JOURNAL

OF THE PROCEEDINGS OF THE HOUSE OF REPRESENTATIVES OF
THE FIRST GENERAL ASSEMBLY OF THE STATE OF FLORIDA,
AT AN ADJOURNED SESSION, BEGUN AND HELD IN THE CITY
OF TALLAHASSEE, ON MONDAY, NOVEMBER 17, 1845.



MONDAY, November 17th, 1845.

The House met pursuant to adjournment, and was called to order
by Hon. Isaac Ferguson, Speaker pro tern.
On the calling of the roll, the following members answered to
their names:
Messrs. Allison, Baldwin, Barkley, Branch, Cotten, Dell, Ellis,
Floyd, Garrason, Hurst, Kelly, Long, Neal, Stewart, Taylor and
Waring, and Mr. Speaker pro tern.
William B. Ross presenting a certificate of the Judge of Probates
of Columbia County of his election to fill the vacancy occasioned by
the resignation of George E. McClellan, Representative from said
'County, was duly sworn by Hon. William W. J. Kelly, a Justice of
the Peace, and took his seat.
Marcus Gillett and William Stafford severally presenting certificates
of the Judge of Probates of Gadsden County of their election to fill
the vacancies occasioned by the resignations of Joseph L. Smallwood
and William Forbes, Representatives from said County, were duly
sworn by Hon. William W. J. Kelly, a Justice of the Peace, and
took their seats.
H. M. Brown presenting a certificate of the Judge of Probates of
Leon County of his election to fill the vacancy occasioned by the
resignation of Thomas Brown, a Representative from said County,
was duly sworn by the Hon. William W. J. Kelly, a Justice of the
Peace, and took his seat.
A quorum being present, Mr. Kelly moved that the House proceed
to the election of a Speaker;
Which motion prevailed.
Mr. Waring then nominated Hon. Isaac Ferguson as Speaker of
the House;
The following is the result of the first voting:
For Ferguson-Messrs. Allison, Baldwin, Barkley, Branch, Brown,
Cotten, Dell, Ellis, Floyd, Garrason, Gillett, Hurst, Kelly, Long,
Neal, Ross, Stafford, Stewart, Taylor and Waring-20.
There not being a majority of the whole House, the Speaker pro
tem. declared there was no election.









4

On motion of Mr. Allison, a call of the House was had, and the
following members answered to their names, viz :
Messrs. Allison, Alexander, Baldwin, Barkley, Branch, Brown,
Cotten, Dell, Ellis, Floyd, Garrason, Gillett, Hurst, Kelly, Long,
Neal, Ross, Stafford, SteWbait, Taylor, Waring, and Mr. Speaker
pro tem.-22.
Mr. Kelly having been called to the Chair, by the Speaker pro
ter., the House again proceeded to the election of a Speaker, and
the second voting resulted as follows, viz i
For Ferguson-Messrs. Allison, Alexander, Baldwin, Barkley,
Branch, Brown, Cotten, Dell, Ellis, Floyd, Garrason, Gillett, Hurst,
Kelly, Long, Neal, Ross, Stafford, Stewart, Taylor, and Waring, 21.
For Kelly-Mr. Ferguson.
Mr. Ferguson, having received a majority of the whole House,
was declared to be elected Speaker thereof.
Mr. Taylor moved that a committee, consisting of two members,
be appointed to conduct the Speaker to the Chair, which being carried,
Messrs. Taylor and Floyd were appointed said committee, and per-
formed the duty assigned them.
The Speaker then returned his thanks to the House, for the mark
ofconfidence reposed in him, by electing him the presiding officer of
the House, in a neat and chaste address.
On motion of Mr. Baldwin, a committee, consisting of Messrs.
Baldwin, Branch and Barkly, was appointed to inform the Senate
that the Honse was ready to proceed to business.
On motion of Mr. Barkly, the House adjourned till 11 o'clock, to-
morrow morning.

TUESDAY, November 18, 1845.
The House met pursuant to adjournment; a quorum being present,
after prayer by the Rev. Mr. Foster, the Journal of yesterday's pro.
ceedings was read and approved.
A committee from the Senate was received, who stated'that the
Senate was now organized, and ready to proceed to business.
A committee was received from the Senate, who stated that they
had been appointed by the Senate to act with a similar committee
on the part of the House, to wait on his Excellency the Governor
and inform him that the General Assembly was now organized, and
ready to receive any communication he may desire to make.
On motion of Mr. Barkley, the committee appointed on yesterday,
to wit: Messrs. Baldwin, Branch and Barkley, to inform the Senate
of the organization of the House, was requested to join said commit.
tee from the Senate, in the performance of said duty.
The committee from the House, appointed to wait on his Excel-
lency the Governor, reported that the Governor would be ready to
communicate to the General Assembly in half an hour.
John Daffin, presenting a certificate of the Judge of Probates of
Leon County, of his election to fill the vacancy occasioned by the re-








a


signation of Hugh Archer, representative from said County, was duly
sworn by the Hon. William W. J. Kclly, a Justice of the Peace, and
took his seat.
Bartolo Oliveros and Thomas T. Russell, severally presenting
certificates of the Judge of Probates of St. Johns County, of their e.
election to fill the vacancies occasioned by the resignation of John M.
Fontane and William W. Loring, representatives from said County,
were severally sworn and took their seats.
On motion of Mr. Cotten, Francis J. Pellicer, elected to fill the
vacancy occasioned by the resignation of Buckingham Smith, repre.
sentative from St. Johns County, (the Judge of Probates of said
County having failed to give him a certificate,) was sworn by the
Hon. William W. J. Kelly, and took his seat.
On motion of Mr. Baldwin, the House took a recess forhalfan hour.

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









6

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









7

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











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











ly administered. Should this estimate eventually prove correct, it
is believed, your high regard for the credit of the State, will readily
prompt you, either to assess a larger amount upon such property as has
heretofore been taxed, or to select such additional subjects of taxation,
as when equitably assessed, will meet the deficiency, whatever it may
be. To this end, therefore, I would respectfully recommend the pro-
priety of a. Car,;pl;t,, Tax, and if necessary, an increase of the
land tax; which it is believed may .be enlarged, without violating
the letter or spirit of the Constitution,,which, requires equal and
uniform taxation. I would also suggest the proprietyof laying a tax
on all suits at common law, to lb collected and accounted for in the
bill of costs, or in such'other way as to you may seem most expedient.
As doubts I learn, are entertained as to the true intent and mean-
ing of the section, in the act passed at your late session, to raise a
revenue for the State," which imposes a tax of twenty -cents, on
every hundred dollars value of bank stock; this subject is again sub-
mitted to you, for such legislation, whether explanatory or otherwise,
as you may deem necessary.
The subject of taxation is one, on which the public mind is ever
justly sensitive, and one which the people ever scrutinize' with that
care and circumspection, which the importance'of the subject justly
demands. It is the price which'they contribute for the protection of
their rights. Common justice would seem therefore to demand. that-
when the government throws the shield of its protection over all, all
should'contribute'in proportion to.the protection which they receive.
But above all, have they a right to require not only of their immne-
diate representatives, but of all their other public functionaries, the
proper and legitimate application of the fund thus takeinfrom their
earnings; and that fhe amount imposed, should under iio circumstan-
ces exceed the necessary expenses of the government, administered
with rigid, but well directed practical economy.- The: propriety,
and even'necessity of economizing the expenditures of governments,
are generally conceded; yet unfortunately, it rarely happens that a
proposition, the truth of which no one questions, and which all admit
to be necessary and proper for the sound administration of republi-
can governments, should.seldom'be demonstrated by practical experi,
ment. It is with, governments as with individuals-by ceasing to
incur new debts, and applying its surplus income to the discharge of
those already coitiacted, and by a rigid economy in its money transac-
tions, any financial revulsion, or.pecuniary -embarrassment (which
in most instances may be justly attributed to a recklessness of debt,
and a prodigality of resources,) will under the influence of practical
economy soon give placeto renewed incentives to industry, enter-
prise and prosperity.
The reports.of the Public Treasurer, and Comptroller of public
accounts, will accompany this'communication ; to these you are res-
pectfully referred for more definite information, in rga rd to the 'fin-..
ances of the State. .
In connection with the revenues of the State, -I would recommend
2









10

to your consideration the propriety and expediency of regulating by
law, the use by non residents, of the valuable Fisheries on the coast
of this State. That this important property belongs to this State ex-
clusivdly; and that non residents have no right to use it, except on
such reasonable terms as the Legislature of this State may decide,
are questions too clear to be disputed.
Finding upon examination of the archives of the Territory, the
Legislature at the Session immediately preceding our admission into
the -Confederacy as a State; upon the report of one of'the Standing
"Com'mittees of the House of Representatives, adopted resolutions re-
questing the Executive to endeavour to procure information fromthe
Federal Authorities at Washington, and the Consuls of the United
States in Cuba, and other portions of the West Indies ; and learn-
ing, that the resolutions remained unexecuted, I addressed a com-
munication to the Hon.- Mr. Buchanan, Secretary of State of the
"United States, enclosing him a copy of the report and'resolutions;
and asking his aid as therein indicated. That letter and his reply,
are herewith communicated to you, by which it will be seen, that he
has instructed the United States Consuls, at Havanna, St. Jago de
Cuba, Nassau, Trinidad de Cuba, Kingston Jamaica, Turks Is-
land, and Matanzasg-to write to me in relation to this subject, and
give me such information as they could obtain, which will enable the
authorities of this State, to act with' a full knowledge of the facts.
When their answers shall be received,:ihey shallbe laid before you.
In the meantime, I would suggest-the policy.of a .careful considera-
tion of the laws, relating to these fisheries, and the adoption of such
measures as will secure the benefits thereof, to the State and its
citizens.
"On the 10th of September last, I addressed an official communi.
cation to the President of the United States, enclosing an authenti-
cated copy of the printed Acts and Resolutions of the late Session
of the General Assembly, and requested his attention to the Act,
"'declaring the'assent of this State to the terms of admission into the
Confeddtaqyand Union. A copy of his reply is herewith laid before
you..
By the second section of an Act ofyour late Session, it was made my
duty, to take the proper steps, to obtain frominthe Treasury of the
United States, the money to which this State is entitled, under the pro.
visions of an Act of Congress; approved 23rd July, 1836, "entitled
An Act to regulate the deposits of the public moneys,-and to deposit
the same, in some safe place of custody, subject only to the order of
this State, until furtlir directed by the. General Assembly." In
discharge of the 'duty thus assigned me, on the 14th of October
last, I addressed a communication to the Hon. R. J. Walker,
-Secretary of the Treasury of the United States. To this letter, no
reply, has as yet been received. Should I receive one during your
present s6ssion,it shall be transmitted to you without delay. A copy
of my letter on this subject is herewith enclosed.
On the 27th October, I addressed a letter to the same Department,









11

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









12

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









13

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









14

The prompt and energetic action of the Legislature, will, I trust,
be early directed to the organization of the militia of the State.
There is no arm of the public service more important, or which ap.
pears, heretofore, to have received less attention. A well organized,
drilled-and equipped militia, is justly the pride of the State. It is
frequently necessary for the suppression of domestic violence, and
indeed it may be said to be the great bulwark of public safety. Too
much care, therefore, cannot be devoted to perfecting its various de-
tails, and infusing into the public mind, a suitable military spirit. I
need not advert to the many reasons that will "readily present them-
selves to you, for promptness and energy onthis suibject. I may,
however, be perriitted to remark, that an extensive and defenceless
maratime frontier, of comparatively easy access, in connection with
still stronger incentives to foreign invasion, in case of war, (with which
we are all familiar,) should admonish us, that in the event of such
Sa calanilty, here must be the first battle-field. With the view of an
early organization and equipment.of the militia of the State, during
your late recess, I exercised the Tconstitutional power with which I
was invested,- by'appointing Col. J. S. Broome, Adjutant General,
and Col. Wm. Maxwell, Quartermaster General, of this State. The
report of the Adjutant General, with copies of his correspondence
with the Department at Washinigton, is herewith transmitted. I re-
gret to add, that sets off to my.requisition for our quota of arms, have
been forwarded to the -Adjutant General. The correspondence on
"this head also, is laid before you.
I cannot too seriously invoke your attefttion to that-portion of our
fellow-citizens who sustained losses'in the late war with the Semi-
noles. With.that respect which is due to the Government of the
Union, I would remark thatit is surely bound.by'-every consideration
of justice and humanity, to make early provision for the losses sus-
tained by this unfortunate portion of our fellow-citizens. The policy
"jof the Federal Government in heretofore permitting this tribe of In-
dians to remain within our Territorial limits, not only in violation of
the treaty ofPayne's Landing, ratified more than ten years ago, but
in the face of subsequent engagements,.solemnly renewed, and trea .
cherously violated on their part, under circumstances of aggravated
perfidy und cruelty, .is a subject to which my attention has not un-
frequently been directed since your late'adjournment. It is to me a
source of unfeigned regret, that the p6licy'of the Government in re-
gard to the emigration of th6'Indians, prompted as that measure, was,
not only by dictates of humanity to this people, but as an act of justice
to the people of the States within whose limits they were settled,
should not have been carried out in regard to the Seminoles; Surely if
there be any tribe,.more than all others, -whose emigration beyond
the Mississippi would have been eminently instrumental, not only in
accomplishing th6 humane and benevolent purposes of the Govern.
meant as to them, but of giving security and repose to the inhabitants
,of the frontier, it is the tribe of the Seminole-the savage of savages !
alike a stranger to the refinements of civilization, and the precepts of









15

the Gospel; he knows no restraint upon his passions, but his capaci-
ty for indulging them ; no check upon his nctioii, Itii superior phys.
ical force ; no precepts of"i'6rality, but an utter aversioni to the Chris-
tion virtues of sincerity, benevolence and humanity, and an instinc-
tive propensity to dissimulation, treachery and revenge. With such
a population in a country like-Florida, furnishing such an extensive
theatre, as a sure retreat from retributive justice ; with the nieans of
active defence ever at hand, stimulated too, by flagitious influences
to deeds of violence ; it would be an extraordinary stretch of credu-
lity, that could indulge the hope of permanent peace,.under such" a
combination of incentives to hostility.
Should you deem this a subject worthy of your immediate attention,
the recollection of the sad realities of the past, pointing to the-future,
(under like circumstances,).with unerring certainty, will; I am sure,
prompt you to approach'it with the full conviction of the responsibility
with which it is surrounded, and of the incalculable mischief which
may be the result of hasty or premature legislation. As their remo-
val is a matter within the control of the Federal Government, I take
great pleasure in assuring you, from my entire& confidence, not only in
the present administration of that government, but from a thorough
knowledge of the firmness; prudence.and patriotism of the Executive,
that such measures, to this end, will.be adopted as soon as practica-
ble, which will not only be acquiesced in by them, but afford the am.
plest security to us against future, deeds of savage barbarity.
Impressed with the solemn obligations imposed upon me by the
Constitution, and prompted with an ardent zeal to promote the inter-
ests of the State,'I shall at all times during my official career, use
all reasonable exertions, in aid of an object so desirable, with the
conviction, that it will be reciprocated by an active, zealous and
hearty co-operation on the part of the people and their, iepresenta-
tives; to whom, under the direction of Piovidence, is entrusted the
future destiny of our beloved country. Blessed as we are, with na-
ture's richest gifts, with the government of our choice, and with ad-
vantages for moral and intellectual improvements, which those who,
proceeded us could only anticipate, hut which it is our good fortune
to enjoy ; if to those be joined the united energies of the great mass
of the people, ardently- devoted to the common -good, emotions of
gratitude and joy, will animate and gladden the heart of the Patriot
and Philanthropist, when he reflectsupon the auspicious consequences
-the GLORy, HAPPINEss and PRbOSEEItTY of his beloved country.
W. D.-MOSELEY.
Tallaihssce,'Nov. 18th, 1845.









16

Which was read. '
On motion of Mr. Allison, five hundred copies of said Message, to.
gether with the documents accompanying the same, was ordered to
be printed.
Mr. Baldwin moved that the Sergeant-at-Arms be directed to pro-
cure of the Secretary of State a sufficient number of copies of the
Laws of the last session of the General Assembly, to furnish each
memberbf this House with a copy thereof;
Which was carried.
"Mr. Floyd gave notice that on to-morrow morning he will ask
leave to introduce a'bill to be entitled, An act to alithorize the sale of
the Equity of Redemption in mortgaged property, and for other pur-
poses. -
M:; Cottenmioved that a list of the orders of the day in the order
in which they'core up, be made out by the-Clerk of the House and
printed for the convenience of reference by members of the House;
Which was lost..
Mi. Baldwin offered the following resolution :
"Resolved by the'General Assenibly, That the Clerk of the Supreme
Court be authorised and directed to fit up the Supreme Court Room.
Which was read the first time and ordered for a second reading on
to-morrow.
ORDERS OF, THE DAY.

A bill to be-entitled, An act fdr the incorporation of Religious S.
cities, came up on a second reading, and on -motion of Mr. Long,
ivas-laid on the'table.
The following message was received from the Senate, viz:
SENATE CHAMBER, November 18, 1845.
Hon'. Speaker House of Representatives :
I The Senate has appointed a-committee consisting of Messrs.
Haughton, Forward and Bell, to act with a similar committee on the
part of the House, in revising the joint rules for the government of
the two Houses.
Your obedient servant, m
.THO'S. F. KING,.Sec'y. Senate;
On motion of Mr. Kelly a committee consisting of Messrs. Kelly,
Coleman and Ellis, was appointed to act with said committee on the
part of the Senate.
A petition ofthe citizens of Gadsden County, in Felation to a Free
Bridge across the Oclocknee River, came up, and Mr. Allison moved
that the same be referred to a select committee, with power to send
for persons and papers';
The yeas and nays being called for on said motion by Messrs. Al.
lison and Taylor, were as follows:
Yeas-Messrs. Allison, Alexander, Coleman, Gotten, Daffin, Dell,
Garrason, Gillett, Long, Stafford, Stewart, Taylor and Mr. Speaker
-13.









17

Nays-Messrs. Branch, Brown, Ellis, Floyd, Hurst, Kelly, Neal,
Oliveros, Pellicer, Ross, Russell and Waring-12.
Yeas 13, Nays 12, so the motion prevailed, and Messrs. Allison,
Branch and Stafford were appointed said committee.
The following message was received from his Excellency the
Governor:
EXECUTIVE OFFICE,
Capitol, Tallahassee, November 18, 1845.
Gentlemen of the Senate
and House of Representatives:
I have the honor herewith to communicate a reply to my letter of
the 27th ult. addressed to the Hon. R. J. Walker, Secretary of the
Treasury, in relation to the five per cent. due this State from the nett
amount of the sales of the public lands, agreeably to the provisions
of an act of Congress.
I have the honor to be,
Very respectfully, your obedient servant,
WM. D. MOSELEY, Governor of Florida.

GENERAL LAND OFFICE,
November 7th, 1845.
To his Excellency W. D. MOSELEY,
Governor of Florida:
SIR :-Your communication of the 27th ult., addressed to the Sec.
retary of the Treasury, having been referred to this Office for a reply,
I have the honor to state that the nett amount received for Public
Land sold in the State of Florida from 3d March, to 30th June, in-
clusive, is $7,830 60
and deducting the expenses of such sales 1,718 91

leaves the amount on which the State is entitled to 5 per ct. $6,111 69
five per cent. on which sum, amounts to $305 58
It is the usage of the Treasury Department to make semi-annual
reports on the five per cent. funds accruing to the several States en-
titled to claim them, consequently, the first report in favor of tho
State of Florida will be in accordance with the above statement.
The next report will be made for the last half of the current year,
embracing the period from July 1st to December 31st, 1845, inclu-
sive. The nett amount received for public lands sold in Florida du-
ring the quarter ending September 30th, 1845, is $4,560 00
and deducting the expenses of such sales 724 20

leaves the amount on which the State is entitled to 5 per ct. $3,836 80
five per cent. on which sum, amounts to $191 84
Assuming as a reasonable estimate that the sales of Public Lands
during the fourth quarter of the current year will be equal to those
of the third, as just stated, the amount on which will become due to
the State of Florida on account of said five per cent. fund, may be
3









18

put down at about $383, for the half year ending on the 31st of De.
cember, 1845.
I have the honor to be,
With great regard, your obedient servant,
JAS. SHIELDS, Commissioner.

On motion of Mr. Allison, the House adjourned until to-morrow
morning, 10 o'clock.



WEDNESDAY, November 19, 1845.

The House met pursuant to adjournment; a quorum being present,
after prayer by the Rev. Mr. Foster, the Journal of yesterday's pro.
ceedings was read and approved.
Mr. Barkley moved that the Governor's message be referred to the
several standing committees, together with the accompanying docu-
ments, relative to the several heads, as follows, to-wit:
So much as relates to the Judiciary, to the Committee on the Judi.
ciary.
So much as relates to Taxation and the Treasury Department, to
the Committee on Finance and Public Accounts.
So much as relates to valuable Fisheries in this State, and so much
as relates to the five per cent. due this State upon the nett amount of
the sales of the Public Lands, be referred to the Committee on Claims.
So much as relates to the Boundary Line of this State, be referred
to the Committee on Internal Improvements.
So much as relates to the University or Public Lands, be referred
to the Committee on Schools and Colleges.
So much as relates to Agriculture, to the Committee on Agriculture.
So much as relates to Banks and Corporations, to the Committee
on Corporations.
So much as relates to the Militia, to the Committee on the Militia.
So much as relates to losses of our fellow-citizens in the late war
with the Seminoles, to the Committee on Propositions and Grievances.
Which prevailed, and the references were accordingly made.
Mr. Floyd, according to previous notice, asked and obtained leave
to introduce a bill to be entitled, An act to authorize the sale of the
Equity of Redemption to mortaged property, and for other purposes.
Which, on motion of Mr. Baldwin, was placed among the orders
of the day.
Mr. Long gave notice that he would, on some future day, ask leave
to introduce a bill to alter the first section of the sixth article of the
Constitution of the State of Florida.
The Speaker laid before the House the following letter:











CLERK'S DESK, HOUSE OF REPRESENTATIVES,
November 19th, 1845.
HON. ISAAC FERGUSON, Jr.,
Speaker of the House of Representatives of Florida:
Sm :-I have been informed that it is doubted by some whether
it is consistent with the Constitution of this State, that I should offi-
ciate as one of the officers of this House, while I hold the commis-
sion of Clerk of the Supreme Court of this State. I trust no one
will imagine that I would thus officiate, if I regarded it a violation
of the Constitution. The very suggestion of a doubt as to the pro-
priety of my so doing, induces me to request of you to bring the mat-
ter to the notice of the House, in order that I may be relieved from all
imputation on this subject, and have its decision to govern my course.
Until it is made, I will cheerfully continue to do the duties of Clerk
of the House; but, if serious doubt is entertained of the propriety of
my so doing, with the most profound respect for, and gratitude to the
members collectively and individually, for their kindness towards me,
I feel it my duty to ask that another person may be selected to act in
my stead. With high respect,
Your obedient servant,
M. D. PAPY, Clerk Ho. Rep.
Mr. Baldwin moved that said letter be referred to a select commit-
tee consisting of four; which was carried, and Messrs. Baldwin,
Alexander, Kelly and Barkley were appointed said committee.
Mr. Baldwin asked to be excused from serving on said committee,
in consequence of his intimate relations with the Clerk; which was
granted, and Mr. Pellicer was appointed to make up said committee.
Mr. Kelly presented a petition of the Mayor and Aldermen of the
city of Pensacola, in relation to the revenue of said city, and asking
the repeal or modification of the 33d section of the act entitled, "An
act to raise a Revenue for the State of Florida," &c., approved July
24, 1845; which, on motion of Mr. Kelly, was laid on the table.
Mr. Allison presented a petition, of Laban Rawls, Seaborn Rawls
and others, in relation to judgment recovered against them in Gads-
den Superior Court, as securities of B. A. Neal.
Mr. Allison moved said petition be referred to a select committee,
and the yeas and nays being called for on said motion by Messrs. Al-
lison and Gotten, were as follows:
Yeas-Messrs. Allison, Baldwin, Branch, Coleman, Gotten, Daf-
fin, Ellis, Garrason, Gillett, Long, Myers, Russell, Stafford, Taylor,
Waring and Mr. Speaker-16.
Nays-Messrs. Alexander, Barkley, Brown, Dell, Floyd, Hurst,
Kelly, Neal, Oliveros, Ross and Stewart-11.
Yeas 16, Nays 11; so the motion was carried, and Messrs. Alli.
son, Gillett and Coleman were appointed said committee.
Mr. Coleman introduced the following resolution, viz:
Resolved, That the members of this House be furnished with one
copy of each paper published in the city of Tallahassee, during the
pre sent session ;' which was lost.









20

Mr. Kelly, from the select committee on the part of the House ap.
pointed to act with a similar committee on the part of the Senate, in
revising the joint rules for the government of the two Houses, made
the following REPORT :
That the committee have not found it necessary to make any ma-
terial alteration in the rules of the last session, and recommend their
adoption, with this single amendment: Strike out the 15th rule, and
insert the following, viz: "No law embracing more than one object
or subject matter, shall be entertained by either House of the Gene-
ral Assembly."
Which is respectfully submitted.
W. W. J. KELLY, Chairman.
Mr. Allison moved that the word Law," in the rule reported, be
stricken out for the purpose of inserting the word Bill,"-which
was lost.
The question then being on concurring in said report, was carried
in the affirmative.
The following message was received from His Excellency the
Governor:
EXECUTIVE OFFICE,
Capitol, Tallahassee, Nov. 18th, 1845.
Gentlemen of the Senate'
and IHouse. f"Representatives:
By a resolution adopted at your late session, I was instructed to
cause enquiry to.bemnade into the services of the Companies of Cap.
tains Bush, Price, Suazey and Blake, and to report at your present
Session such information as I might obtain." In conformity thereto,
a commission was issued to Messrs. Thomas O. Holmes and A. A.
Canova, who have forwarded to me by the mail of to-day, sundry
documents, in discharge of the trust confided to them, which I have
the honor herewith to communicate.
I have the honor to be,
Very Respectfully,
Your obedient servant,
W. D. MOSELEY, Gov. Florida.
Which was read, and on motion of Mr. Floyd, was together with
the documents accompanying the same, laid on the table.

ORDERS OF THE DAY.

A Bill to be entitled, An Act to regulate, restrain and control all
Associations claiming to exercise corporate privileges in this State,
and to protect and secure the interests of persons interested in the
effects of extinct Corpoiations, made the special order of the day for
to-day, came up.
On motion of Mr. Floyd, the House went into Committee of the
whole on said Bill-Mr. Kelly in the Chair. After some time spent
therein, the Committee rose, and by their Chairman, reported pro.
gress, and asked leave to sit again.










21

On concuring in the report of the Committee, the Yeas and Nays
were called for by Messrs. Floyd and Baldwin, and were as follows:
Yeas-Messrs. Barkley, Branch, Brown, Coleman, Cotten, Daf-
fin, Ellis, Garrason, Kelly, Neal, Ross, Stafford, Taylor, Waring and
Mr. Speaker-15.
Nays-Messrs. Allison, Alexander, Baldwin, Floyd, Gillett,
Long, Myers, Oliveros and Russell-9.
Yeas 15-Nays 9-so the report was concurred in.
A Bill to be entitled An Act to authorise the sale of the Equity of
Redemption to mortgaged property, and for other purposes :
Was read the first time, and ordered for a second reading on to-
morrow.
The Resolution offered by Mr. Baldwin on yesterday, viz:
Resolved by the General Assembly, That the Clerk of the Supreme
Court, be authorised to fit up the Supreme Court Room-
Came up on a second reading.
Mr. Barkley introduced the following as a substitute therefore:
Resolved, That a committee of three be appointed to act with a
similar committee on the part of the Senate, to contract for the fitting
up of the Supreme Court Room, and report to this House on to-mor-
row or as soon thereafter as practicable:
Which was accepted.
On motion of Mr. Allison, the rules were waived, the resolution
accepted as a substitute, read a third time and was adopted.
Messrs. Barkley, Coleman and Alexander, were appointed said
Committee.
Mr. Brown, moved that the House adjourn till 11 o'clock to-mor-
row morning-which was lost.
On motion of Mr. Branch, the House adjourned till 10 o'clock to-
morrow morning.











22

THURSDAY, November 20th, 1845.

The House met pursuant to adjournment; a quorum being present,
after prayer by the Rev. Mr. Foster, the Journal of yesterday's pro-
ceedings was read and approved.
The Speaker announced to the House the appointment of th(
following standing committees:
STANDING COMMITTEES.
Committee on the 'Judiciary. Committee on the .MAilitia.
Messrs. COLEMAN, Messrs. MYERS,
FLOYD, TRACEY,
KELLY, ALLISON,
TWEED, BROWN,
ALLISON. STEWART,
PHILIPS.
Committee on Finance and Public Committee on Claims.
Accounts. Messrs. BALDWIN,
Messrs. ALEXANDER, PELLICER,
TAYLOR, TAYLOR,
NEWSOM, LONG,
BALDWIN, NEAL,
BARKLEY, DAFFIN.
ROSS.
Committee on Schools and Colleges. Committee on Corporations.
Messrs, BRANCH, Messrs. COTTEN,
BARKLEY, NEWSOM,
DELL, ROSS,
RUSSELL, TWEED,
COTTEN, FLOYD,
G1LLETT. LONG.
Committee on Agriculture. Committee on Internal Improvements.
Messrs. WARING, Messrs. BARKLEY,
GARRASON, FERNANDEZ,
HURST, WARING,
BRETT, GARRASON,
BALDWIN, STAFFORD,
STAFFORD. GILLIS.
Committee on Enrolled Bills. Committee on Elections.
Messrs. KELLY, Messrs. GOFF,
RUSSELL, STONE,
GILLETT, OLIVEROS,
DAFFIN, BALDWIN,
ALEXANDER, PELLICER,
FERNANDEZ. ELLIS.
Committee on Proposittons and Committee on Federal Relations.
Grievances. Messrs. RUSSELL,
Messrs. FLOYD, OLIVEROS,
PENN, TRACEY,
NEAL, PENN,
STEWART, HURST,
DELL, COTTEN,
GILLIS.
Mr. Floyd, asked to be excused from serving on the Committee
on the Judiciary-which was granted.









23

The following message was received from His Excellency the
Governor: S i
TALLAIIASSEE, Nov. 20, 1845.
Gentlemen of the Senate
and House of Representatives:
I herewith transmit the report of the Attorney General in relation
to certain Banking Associations.
I have the honor to be,
Very respectfully,
Your obedient servant,
W. D. MOSELEY, Gov. Florida.

ATTORNEY GENERAL'S OFFICE,
November 18th, 1845.
To the HONORABLE,
The General Assembly of Florida:
The act of the last General Assembly, requiring the Attorney
General to institute enquiries into the conduct and management of
certain Associations claiming to exercise corporate privileges, to wit:
The Bank of Pensacola, the Southern Life Insurance and Trust
Company and Union Bank of Florida, contemplated it would seem
from the preamble, the ascertainment of two things: 1st. Whether
the charters of these Associations are usurpations and null and void ;
and secondly whether they have violated their Banking privileges
and thereby have forfeited their charters." To these two points I
have confined my investigation, and in accordance with said act here.
with report my opinion:
The first point of enquiry, as to whether these Associations are
usurpations and null and void, involves two questions ; first had the
Territorial Legislature the power to Incorporate them, and secondly
whether their charters have been abrogated by the change of Gov.
vernment.
By the act organising the Territorial Government the Legislative
powers extended to all rightful subjects of legislation." Under
and by virtue of this power these Associations were incorporated.
If the granting of corporate privileges be not a rightful subject of
Legislation, then the rights and privileges heretofore exercised under
them have been illegal; and he who, under his charter has deman-
ded toll at his ferry or bridge, or renumeration for transportation on
his road has been a wrong doer. Grants to, and contracts by reli.
gious and literary incorporated Associations, being made to persons
whose existence the law does not recognize, and whose acts under
their charters it regards as usurpations are seriously affected, if not
null and void. In view of these serious consequences, it would be
rashness to declare that acts of Incorporation by the Territorial Go.
vernment were usurpations and null and void, unless it were clear
and beyond a doubt that they were so.
That the citizens of the Territory of Florida, claimed this as one









24

of the rights granted, and secured them by the charter of their gov.
ernment, the organic act, is evidenced by its frequent exercise by
their agents from the time of the formation of the Territorial Gov.
ernment until Florida become a State; nearly every Legislature
convened under the Territorial form of government claimed and ex-
ercised it, either by granting Bank charters, or incorporating
Churches, Academies, ferries, railroads or other bodies which it
deemed promotive of the prosperity of the Territory or its citizens.
Congress by its silence consented to and acquiesced in the exercise
of this liberty or right by the Territory of Florida, and its assertion
and exercise on so many occasions show that it was prised by the
people of Florida. Its abuse, and the many calamities brought on
the people by its improvident exercise, cannot be regarded as show.
ing that it was any the less a right appertaining to the people of the
Territory, or the less valued by them prior to those abuses. After
claiming and exercising the right for twenty years, would it be pro-
per for the people of Florida at this day, when a change has been
made in their government, to declare that they will not recognize this
as being among the rights and powers possessed under the Territorial
form of government ?
Aside however from these considerations, the Territory of Florida
was guilty of no usurpation. Its powers extending "to all rightful
subjects of legislation," in granting acts of Incorporation it exercised
a power which according to the general understanding of the mean.
ing of this clause it clearly embraced, and which most if not all Ter-
ritorial governments, under similar powers and circumstances have
claimed and exercised. The Territories of Louisiana, Mississippi,
Indiana, Arkansas, Alabama and Michigan, all claimed and exercis-
ed the power to grant acts of Incorporation, and I have no where
found that the charters thus granted by them, have been deemed or
decided to be usurpations and null and void. On the contrary I find
numerous decisions, declaring them the result of a lawful exercise of
power by the Territorial Legislatures, and as such valid and obliga.
tory. The Supreme Court of Louisana used the following language
on this question: We conclude that the power of making all need-
ful rules and regulations in regard to the Territory of the United
States, implies that of providing a government for those who inhabit
it; the grant of the New.Orleans Navigation Company charter ap-
pears to have been within the scope of the power vested in Congress,
in the Governor and Legislative Council of the Territory of Orleans,
for these were expressly extended to all righlfid subjects of legislation."
Enormous privileges having been granted by the Territorial Gov.
ernment to this New-Orleans Navigation Company, the State made
great efforts to have the charter declared null and void. The highest
tribunal of the State, however, held the language above quoted. So
too the Supreme Court of New York has declared, that the govern-
ment of the Territory of Michigan had competent authority in De-
cember 1817, to incorporate a banking Company." In other States









25

the decisions on this question are fully as strong in favor of the pow-
er of a Territorial Government to grant acts of Inorporation.
In confirmation and recognition of the principles of these
decisions, the people of Florida, when'about to throw aside the
Territorial form of Government, and when assembled in Convention,
to form a State constitution, in the schedule and ordinance of that in-
strument declared : Nothing in this constitution shall impair the
obligation of contracts or violate vested rights, either of individuals
or of Associations claiming to exercise corporate privileges in this
State." Had the charters of these Associations been usurpations
and null and void, the Convention would scarcely have recognized
them so far as to place them under its protection or have reserved to
the Legislature the power atits first session to regulate, restrain and
control them as by the following section taken from the 13th
Article ofthat Instrument: The General Assembly shall at its first
"session, have power to regulate, restrain and control, all associa-
"tions claiming to exercise corporate privileges in the State, so as to
" guard, protect and secure the interest of the people of the State,
" not violating vested rights or impairing the obligations of contracts."
"The Legislature of the Territory of Florida having exercised a
legitimate power in incorporating these associations, the next ques-
tion for consideration is whether these charters have been abrogated
by the change which has taken place in the form of government.
It is not deemed necessary to argue this point at length. The
same principle which abrogates these Bank charters, must at the
same time abrogate every charter which has been granted for any
purpose, whether religious, charitable or secular, and forfeit the pro-
perty to the State or original grantors. Such a principle cannot be
sanctioned by the laws of any civilized or christian people. Ma-
ny of the oldest and most wealthy corporations in the United
States, (particularly churches,) have no existence except what is
derived from charters granted by Kings ofEngland, long prior to the
Revolution which separated us from the British.Crown; and if that
revolution terminated their legal existence, it would seem that they
have been permitted to continue the exercise of their franchises for
nearly seventy years after their dissolution.
But there is no occasion to argue against the policy and expediency
of such a doctrine. The principle that a change of government
causes ho destruction of the civil rights of individuals or corporations,
is too well settled to be successfully questioned. The Supreme Court
of the United States, in at least four cases, has declared : "The di-
vision of an empire creates no forfeiture of previously vested rights
of property, and this principle is equally consonant with the common
sense of mankind and the maxims of eternal justice." Again, when
the chartered rights of a Church granted prior to the revolution were
questioned: "Be, however, the general authority of the Legislature
as to the subject of religion as it may, it will require other arguments
to establish the position that, at the revolution, all the property ac.
quired by the Episcopal Churches, under the sanction of the laws,
4









26

became the property of the State." * "The title to the
property was indefeasibly vested in the Churches, or rather in their
legal agents. It was not in the power of the Crown to seize or as.
sume it, nor of Parliament itself to destroy the grant, unless by the
exercise of a power the most arbitrary, oppressive and unjust, and
endured only because it could not be resisted. It was not forfeited,.
for the Churches had committed no offence. The dissolution of the
regal government no more destroyed the right to possess or enjoy this
property than it did the right of any other corporation or individual
to his or her own property. The dissolution of the form of govern-
ment did not involve in it a dissolution of civil rights, or an abolition
of the common law under which the inheritance of every man in
the State were held." The same principles have been repeatedly
laid down by the Supreme Court of the United States, and by eve-
ry State Court before which the question has been brought.
Our State Constitution recognizes the continued existence of
these associations under the State Government, by reserving the
power of regulating, restraining and controlling them, and by de-
claring in the Schedule and Ordinance that all the laws of the Ter-
ritory, not repugnant to the Constitution, should continue in force,
and that nothing in that instrument should impair the vested rights,
either of individuals or associations claiming to exercise corporate
privileges in the State. Indeed the legislation to be had by the first
General Assembly relative to these associations is on the presump-
tion that they are existing bodies; for, were they defunct, or null and
void, legislation would be unnecessary and useless.
The third and last point for consideration is, have the corporations
named in the act forfeited their charters ? And if they have, what is.
the proper mode of ascertaining and enforcing the forfeitures?
It is necessary, in order to arrive at a correct conclusion on this
point, to bear in mind the nature and character of a charter, or act
of incorporation. A corporation has been defined to be a franchise,
or special privilege, conferred by government on individuals, which,
does not belong to the citizens of the country generally, by common
right. The effect of incorporation is to give to the artificial person,
the same capacity and rights that a natural person can have, bestow-
ing the properties and character of individuality on a collective and,
changing body of men. The franchise thus granted is a property, a,
right, to the privileges or immunities conferred by the grant or char..
ter of incorporation, which the government, as in case of a grant of
land or other property, tacitly agrees not to resume, except by the
law of the land. The consideration for the grant of these franchises
by the government, is that they will promote the public good. Thus an
act of incorporation is a contract between the government and the cor-
porators. On the part of the corporators it is contracted to perform
the duties imposed on them by their charters ; and on the part of
the'government, that it will not repeal, alter or impair, the rights and
privileges thereby conferred, except for a default of the corporation,
judicially ascertained and declared. These principles have been too









27

fullyy recognized by the ablest commentators on the law, and the
highest tribunals of the country, to be questioned. Applying them tB
"the associations" above enumerated, have they, or either of them,
failed to comply with the terms of their contract with the govern-
ment ? Have they shown that they appreciated the great privileges
:conferred on them, by strictly discharging the high duties which they
'voluntarily assumed?
It does not require an elaborate examination to ascertain that these
associations have wholly failed to accomplish the object for which
they were created. Each member of the community feels that so
far from having advanced the public good, they have by misusing and
abusing their privileges, proved a public calamity. Instead of facili-
tating commerce and trade, by providing a circulating medium,
equivalent to gold and silver, and affording the means of developing
the resources of the country, all of them have for years been unable to
redeem their circulation, and are admitted to be insolvent. Without
either money or credit, their liabilities hawked about and sold for
a few cents in the dollar, they have become utterly unable, and have
therefore ceased to exercise most of the privileges conferred, and to
discharge many of the duties imposed by their charters. Indeed one
of these associations, the Bank of Pensacola, has virtually abandoned
its franchises, by neglecting to 'continue that organization required
by its charter; whilst another, the Southern Life Insurance and
Trust Company, has made an assignment of all its assets to trustees,
for the benefit of its creditors. The condition of the Union Bank,
though it continues its organization, is also such as altogether pre-
vents it from complying either with the letter or spirit of its charter.
It, too, has ceased to exercise most of its privileges, and to discharge
the important duties imposed on it; all its transactions now being
confined to collecting and paying its debts. Each, in a word,
"has failed to redeem its solemn undertakings to the people of Florida,
and has thereby violated both the letter and spirit of its charter.-
By these repeated and continued violations of their charters, the
State is absolved from all obligation to continue the franchises
granted to these associations, and may rightfully resume them.
These abused and forfeited franchises, however, the State can on-
ly seize in the manner sanctioned by the laws of the land. The act
of incorporation being in the nature of a contract, between the grant-
or and the stockholders of these institutions, it is contrary to every
principle of justice and law, that either party should assume to ad.
judge the rights of the other. "No free man shall be disseized, or in
any manner deprived of his life, liberty, or property, but by the law of
the land," is a principle taken from the Mlagna Charta, incorporated
into our Bill of Rights, and made inviolable by the Constitution of the
"United States. The term free man" includes all persons, ecclesi-
astical and temporal, incorporate, politique or natural." That
clause of the Constitution of the United States, which has been in-
troduced into our State Constitution, prohibiting the passage by a
State of any law impairing the obligation of a contract, asserted no









28

new principle, but only recognized one having its origin in the same
high source. The same law which protects the rights and property
of an individual, will protect those of a corporation. For the Le-
gislature to assume the power of annulling these grants of corporate
franchises, without the intervention of the Judiciary, would be in con-
travention of these great principles, a clear violation of the Constitu-
tion of the United States; and all its acts and resolutions passed for
that purpose, would be null and void. In my opinion," says Chief
Justice Marshall, in delivering the opinion of the Supreme Court, it
is perfectly clear that any act of a Legislature which takes away any
powers vested by its charter in a private corporation, or its corporate
officers, or which restrains or controls the legitimate exercise of them,
or transfers them to other persons withoutits assent, is a violation of
the obligations of that charter. If the Legislature means to claim
such authority, it must be reserved in the grant." Again, Judge
Story, in delivering the opinion of the Supreme Court in another
case, says-" But that the Legislature can repeal statutes creating
private corporations, or confirming to them property already acquired
under the faith of previous laws, and by such repeal can vest the pro-
erty of such corporations exclusively in the State, or dispose of the
same to such purposes as they may please, without the consent or de.
fault of the corporators, we are not prepared to admit; and we think
ourselves standing upon the principles of natural justice, upon the fun.
damental laws of every free government, upon the spirit and letter of
the Constitution of the United States, and upon the decisions of the
most respectable tribunals, in resisting such a doctrine." The same
principles have been repeatedly laid down by the Supreme Court,
and have never been questioned or shaken.
If the Constitution of this State had, in express and unqualified terms,
conferred on the Legislature power to pass laws contravening the prin-
ciples laid down in these decisions, it would not render such laws va.
lid; because not even the people of a State assembled in convention,
can violate the Constitution of the United States, or confer upon their
Legislature the power to do so. But the framers of the Constitution
of this State did not assume to confer such power. They expressly
restricted the action on this subject to such legislation as would not
violate vested rights, or impair the obligation of contracts." With
this clause of the State Constitution before us, couched in language
which had already been fully and notoriously construed by the Su-
preme Court, not a doubt can remain of the intention of the framers
of the Constitution, nor of the fate of any law passed by the Legisla.
ture repealing these charters, or declaring them abrogated. It is
worthy of remark that the Constitution only confers on the Legisla-
ture the power to regulate, restrain and control," not to repeal. An.
nihilation is totally distinct from, and incompatible with, regulating,
restraining and controlling.
If the State desires the abrogation of these charters, of the expe-
diency of which it is your province to determine, it has a remedy far
more speedy and efficacious than repealing them by statutory enact.










29

ment. It is less summary, but judgments of forfeiture might be ob.
gained long before the Supreme Court could decide upon the consti.
tutionality of a law repealing them : and, moreover, should that Court
annul such a law, it would leave the State no further advanced than
it is now, towards the accomplishment of its object. If it can be
shown that these corporations "have not lived up to the law of their
existence," or in other words, have violated their charters, the Courts,
on the application of the State, through its prope: officer, will render
judgments declaring the charters forfeited and void, and that the
parties be ousted, and the franchises seized into the hands of the
State." That repeated violations of their charters, by each of these
associations, can be proved, I entertain no doubt, and as the legal
adviser of the Government, I do not feel warranted in advising you
that they can be annulled in any other mode.
By the principles of the common law, upon the dissolution of a cor-
poration, the lands held by it reverted to the grantor, the personal
property vested in the crown, and the debts to and from it were total.
ly extinguished, "so that the members thereof cannot recover or be
charged with them in their natural capacities." Asthereisnostatute
of this State, declaring that such a consequence shall not follow the
rendition of a judgment of forfeiture, the same effect might follow
now. Should the Legislature, therefore, deem it wise and politic to
direct that proceedings be instituted against these associations, it is
recommended that it declare, that notwithstanding the judgments of
forfeiture, the associations shall be deemed to exist, and be capable of
suing and being sued as before the judgment of forfeiture, as to all
rights, credits, liabilities, duties, responsibilities or obligations ofany
kind whatsoever, existing anterior to the rendition of such judgment.
Too much care cannot be used to avoid any action by the Legislature,
which might possibly fix upon the State so deep a stain as the extin-
guishment of the debts to and from these corporations would justly
cause.
Before concluding, I will remark, that those who suppose that the
State can appoint commissioners, trustees, or agents of any knd, to
take charge of the assets of these associations, and collect them,
labor under a mistake which may produce serious mischief. In a
case of judgment of forfeiture of a Bank charter, on quo warrant,
the court held the following language:-"But if they [the assets]
could be seized into the hands of the State, they would be unavailing.
The debts due to the corporation could not, on any common law
principle, be collected by the State or its agent, there being no privi.
vity of contract, 'either in fact or law, between the State and the
debtors to the corporation."
JOSEPH BRANCH.

Which was read and on motion of Mr. Allison, 200 copies were
ordered to be-printed.
On motion of Mr. 'Baldwin, said Report was referred to the Com-
mittee on Corporations.









30

On motion of Mr. Kelly, fifty copies of the Joint Rules were or.
dered to be printed.
Mr. Kelly, gave notice that he would on some future day ask leave
to introduce a bill to be entitled, An Act to declare the Mayors and
Intendants of the different Corporate Cities and Towns in this State,
"Ex-officio Justices of the Peace."
Mr. Baldwin moved a standing committee to supervise expendi-
tures be appointed; which was carried, and Messrs. Baldwin, Kelly,
Branch, Russell and Taylor, were appointed said committee.
Mr. Taylor presented a petition of sundry citizens of Jefferson
county in relation to certain School lands in said county, which on
motion of Mr. Alexander, was referred to the Committee on School
and Colleges.
On motion of Mr. Kelly, the petition of the Mayor and Aldermen
of the City of Pensacola, in relation to the revenue of said city, &c.,
was taken from the table and referred to the Committee on the Judi-
ciary.
Mr. Coleman introduced the following preamble and resolution, viz:
A resolution respecting the procurement of Arms for the Militia of
this State.
WHEIEAS, it appearsby the correspondence between the Gover-
nor of this State, and the War Department at Washington, that the
said Department refuse to furnish any arms to this State, on the
ground that its quota has already been overdrawn. And whereas
the arms charged to this State were issued to the Federal officers of
the late Territory, and are not now in the possession or control of the
State, and uncertainty exists in regard to them, and who is response.
ble for theme
Be it resolved by the Senate and House of Representatives of the
State of Florida, That our Senators in Congress be instructed, and
Representatives requested to ascertain from the Federal Authorities
the facts in regard thereto, and if possible to procure a law author-
ising the granting to this State forthwith of sufficient public arms,
to arm its entire Militia as a measure necessary, (from our exposed po-
sition in time of war,) for our defence and protection, and that a copy
of this preamble and resolution be certified and sent by the Secretary
of State to each of our Senators and Representative in Congress.
Which was read the first time, and on motion of Mr. Coleman,
the rule was waived, the preamble and resolution, read a second and
third time and adopted:
Ordered that the same be certified to the Senate.
Mr. Alexander, from the Select Committee to whom was referred
the letter of M. D. Papy Clerk, made the following report:
The committee to whom was referred the letter of M. D. Papy,
Clerk of the House of Representatives, in relation to the constitu-
tionality of his continuing to act in that capacity, at the same time
holding the commission of Clerk of the Supreme Court of the State,










31

have had'the same under consideration, and respectfully ask leave to
REPORT:
That the only portion of the Constitution of the State which they
have been enabled to discover, having any bearing upon the subject,
is contained in the latter part of the 18th section and 16th article, in
the words following, viz: No person in this State shall ever hold
two offices of profit at the same time, except the office of Justice of
the Peace, Notary Public, Constable and Militia offices." The
question here presents itself, what constitutes an office under the State
Constitution ? It is presumed that no one will deny that all whom
the Constitution contemplates as officers, in its. true spirit and mean-
ing, are those only appointed or elected in accordance with some
provision of itself, or a statutory enactment, and required to be com-
missioned by the Executive.
Is, then, the office of Clerk of this House such an appointment or
election as this? It is conceived not. There can be found no con-
stitutional provision or statutory enactment requiring such an officer.
Hle is not commissioned by the Governor, arid consequently cannot be-
an officer within the purview of the Constitution. In fact he is a
mere servant of this House to record their proceedings, and do their
bidding; a mechanic, as much so, as the person you employ to re-
fit this hall, or the laborer who furnishes fuel for your fires. In his.
present capacity, he performs but a duty for this body which might
be done by one of its own members, without an infraction of theo
Constitution.
It is a mere temporary tenure,, held at the will of this House, and
alone responsible to it. He cannot be commissioned by the Execu-
tive, and therefore cannot be considered an officer of the State.
Holding these views of the subject to be the only proper and sen-
sible ones, your committee ask the adoption of the following resolu-
tion:
Be it resolved by the House of Representatives of the General As-
sembly of the State of Florida, That it is the opinion of this House'
that the office of Chief Clerk of this body is not an office under the'
State as contemplated by the Constitution, and that there- is nothing
in that instrument prohibiting M. D.. Papy, the present Clerk, from
officiating in that capacity.
All of which is respectfully submitted.
A. M. ALEXANDER,
Chairman..
WM. W. J. KELLY,
F. J. PELLICER.
The undersigned dissenting,
BRITTON BARKLEY.
Which was read and concurred in, and the resolution reported by
the committee adopted without a dissenting voice.
Preamble and resolution respecting Pensacola Dry Dock, from the
Senate, was read the first time; and on motion of Mr. Kelly, the rule










32

was waived, the preamble and resolution read a second and third
times, and unanimously adopted.
Ordered that the same be certified to the Senate.
The Senate transmitted to the House, as having been adopted by
that body; the following motion, to-wit:
Mr. Broward moved that the General Assembly proceed to the
confirmation of the nomination of the Honorable Thomas Douglas,
as Judge of the Circuit Court for the Eastern District of- the State of
Elorida, on Saturday next, and that the concurrence of the House of
Representatives be requested on that subject.
Mr. Floyd moved the following as a substitute for the motion adopt.
ed by the Senate, viz:
That the two Houses proceed, by concurrent vote, to elect a Judge
for the Eastern District of Florida, on Saturday next, at 12 o'clock.
On motion of Mr. Russell, the motion of the Senate and the sub.
stitute therefore by Mr. Floyd, were laid on the table.
The rule was waived, on motion of Mr. Floyd, to permit him to
give notice that, on some future day, he will ask leave to introduce a
bill to be entitled, An act levying a tax upon Venders and Managers
.of Lottery Tickets sold in this State.

ORDERS OF THE DAY.

A bill to be entitled, An act to regulate, restrain and control all as-
sociations claiming to exercise corporate privileges in this State, and
"to protect and secure the interests of persons interested in the effects
,of extinct corporations, came up, and on motion of Mr. Floyd the
House again went into committee of the whole, Mr. Kelly in the
Chair. After some time spent therein, the committee rose, and by
;their Chairman, reported progress and asked leave to sit again.
Which was concurred in.
A bill to be entitled, An act to authorise the sale of the Equity of
Redemption of mortgaged property, and for other purposes, came up
*on a second reading, and on motion of Mr. Floyd, was referred to the
,Committee on the Judiciary.
A message was received from the Senate, informing the House of
the concurrence by the Senate of the report of the joint committee
appointed to revise the joint rules.
Mr. Floyd moved the House adjourn till 3 o'clock, this evening;
Which was lost.
On motion of Mr. Branch, the House adjourned till 10 o'clock, to-
'morrow morning.









33

FRIDAY, November 21st, 1845.

The House met pursuant to adjournment; a quorum being present
after prayer by the Rev. Mr. Foster, the Journal of yesterday's pro.
ceedings was read and approved.
On motion of Mr. Garrason, Mr. Goff was added to the'Commit.
tee on Schools and Colleges.
Mr. Alexander gave notice that he would at some future day, ask
leave to introduce a bill to be entitled, An Act to establish a Board
of Wardens for the port of St. Marks and for other purposes.
Mr. Russell gave notice that he would on some future day ask
leave to introduce a bill to be entitled, An Act to prevent the evil
practice of gaming in this State; also,
A bill to be entitled, An Act to provide for the appointment of Auc-
tioneers and define their duties; also,
A bill to be entitled, An Act relative to certain instruments of writ-
ing being read as evidence in any of the Courts in this State.
Mr. Myers moved the motion to proceed to the election of Judge
of the Eastern Circuit laid on the table yesterday, be taken there-
from and placed among the orders of the day ; which was lost.
Mr. Barkley gave notice that he would on some future day ask
leave to introduce a bill to be entitled, An Act for the better protec-
tion of public Arms in this State.
Mr. Baldwin moved the appointment of a standing Committee on
Census and Apportionment:
Which was carried, and Messrs. Baldwin, Barkley, Allison, Ross,
and Alexander were appointed said Committee.
Mr. Allison asked to be excused from serving on said committee;
which was refused.
On motion of Mr. Dell, Mr. Goff was added to said committee.
Mr. Branch moved that Mr. Waring be added to said committee.
Mr. Russell moved the committee be increased to the number of
eight.
Mr. Floyd called for the previous question:
The question then was, shall the main question be put; which was
carried in the affirmative.
The question next being upon Mr. Branch's motion, to add Mr.
Waring to said committee; was carried in the affirmative.
On motion of Mr. Goff, Mr. Long was added to said committee.
Mr. Floyd moved, Mr. Dell be added to said committee; which was
carried.
Mr. Ross moved that Mr. Tracey be added to said committee;
which was carried
Mr. Baldwin asked to be excused from serving on said committee;
which was refused.
On motion of Mr. Long, Mr. Kelly was added to said committee.
Mr. Allison moved Mr. Coleman be added to said committee;
which was lost.
5









34

Mr. Waring moved the votes, on said several motions to add mem.
bers to said committee, be reconsidered:
The Speaker decided said motion out of order.
Mr. Barkley offered the following resolution, viz:
Resolved, That the Secretary of State, be and he is hereby re-
quested to procure copies of the several acts of the Legislative Coun.
cil of the Territory of Florida passed since Duval's Compilation,
for the use of the members of this House, or at least one copy of the
acts of each year:
Which was adopted.
Mr. Barkley moved a reconsideration of the vote on the adoption
of said resolution; which was carried.
Mr. Barkley then asked leave to withdraw said resolution; which
was granted.
Mr. Coleman, from the Committee on the Judiciary, made the fol-
lowing report:
The Judiciary Committee, to whom was referred the bill to be en.
titled, An act to authorize the sale of the Equity of Redemption in
mortgaged property, and for other purposes, have had the same under
consideration, and have instructed me, as Chairman of said com-
mittee, to report a bill as a substitute for the original bill.
All of which is respectfully submitted.
JOHN COLEMAN, Chairman.
Which report was received.
On motion of Mr. Barkley, the report of said committee and the
bill reported, were laid on the table.-
Mr. Myers moved said report and said bill be taken from the table
and placed among the orders of the day; which was carried.
On motion of Mr. Barkley, fifty copies of the original bill, refer.
red to the Committee on the Judiciary, and fifty copies of the bill re.
ported by said committee as a substitute for said original bill, were
ordered to be printed.

ORDERS OF THE DAY.

A bill to be entitled, An act to regulate, restrain and control all
associations claiming to exercise corporate privileges in this State,
and to protect and secure the interests of persons interested in the
effects of extinct corporations, came up, and on motion of Mr. Floyd
the House again went into committee of the whole, Mr. Kelly in the
Chair. After some time spent therein, the committee rose, and by
their Chairman, reported a bill to be entitled, An act to give effect
to the provisions of the Constitution of this State, respecting corpo.
rations and associations claiming to exercise corporate privileges
within this State, as a substitute for the original bill of the House,
and asked to be discharged from the further consideration of the sub.
ject; which was concurred in.
Mr. Barkley moved that said bill be laid on the table until Monday









35

next, and be made the special order of the day for said day; which
was lost.
Mr. Floyd offered the following as an additional section to said bill:
SEC. 15. Be itfurther enacted, That any law, passed and enacted
by the Governor and Legislative Council of the Territory of Florida,
assuming to grant an act of incorporation to any association claiming
to exercise banking privileges in this State, is an usurpation, and is
hereby declared to be utterly null and void, from and after the pas-
sage of this act.
On motion of Mr. Barkley, the House took a recess till j past 3
o'clock.

HALF PAST 3 O'CLOCK, P. M.

The House met, and resumed the consideration of the bill to be
entitled, An act to give effect to the provisions of the Constitution of
this State respecting corporations and associations claimingto exercise
corporate privileges within this State, and also the additional section
offered by Mr. Floyd.
Mr. Floyd moved that said bill and additional section, be postponed
till and made the special order of the day for Monday next; which
was lost.
Mr. Floyd asked leave then to withdraw the additional section
proposed by him; which was granted.
Mr. Baldwin offered the following in lieu of the first section of
said bill, viz:
SECTION 1. Be it enacted by the Senate and House of Representa-
tives of the State of Florida in General Assembly convened, That all
institutions claiming to be Banking corporations in this State have
forfeited their charters, and that the Attorney General be required
to proceed against the same severally before any of the Circuit
Courts of this State, in such mode and manner as is now or may be
hereafter prescribed by law.
Mr. Allison moved to postpone the consideration of said bill and
said amendment till Thursday next;
The yeas and nays being called for on said motion by Messrs. Dell
and Russell, were as follows:
Yeas-Messrs. Allison, Brown, Cotten, Daffin, Garrason, Goff,
Kelly, Long, Penn and Mr. Speaker-10.
Nays-Messrs. Alexander, Baldwin, Barkley, Branch, Coleman,
Dell, Ellis, Floyd, Gillett, Myers, Neal, Oliveros, Ross, Russell, Staf-
ford, Stewart, Tracey and Waring-18.
Yeas 10, Nays 18, so the motion was lost.
Mr. Cotten moved the House adjourn till 10 o'clock to-morrow;
which was lost.
Mr. Goffmoved the House adjourn till Monday morning, 10 o'clock;
The yeas and nays being called for on said motion by Messrs. Dell
and Russell, were:









36

Yeas-Messrs. Daffin, Floyd, Garrason, Goff, Kelly and Mr.
Speaker-6.
Nays-Messrs. Allison, Alexander, Baldwin, Barkley, Branch,
Brown, Coleman, Gotten, Dell, Ellis, Gillett, Long, Myers, Neal,
Oliveros, Penn, Ross, Russell, Stafford, Stewart, Tracey and Waring
-22.
Yeas 6, Nays 22, so the motion was lost.
On motion of Mr. Barkley, the House adjourned till to-morrow
morning, 9 o'clock.

SATURDAY, November 22, 1845.

The House met pursuant to adjournment; a quorum being pre-
sent, after prayer by the Rev. Mr. Foster, the Journal of yesterday's
proceedings was read and approved.
Mr. Long, according to previous notice, asked and obtained leave
to introduce a bill to be entitled, An Act to alter the first section of
the sixth article of the Constitution of the State of Florida.
Ordered, that the same be placed among the orders of the day.
On motion of Mr. Stafford, leave of absence was granted to Mr.
Allison during next week.
Mr. Cotten offered the following resolutions :
Resolved, That any law which exists and is of force by the author.
ty of a prior government, which an existing and actual government
could not make or cannot annul, is a trespass upon, and deprivation
of, its sovereignty.
Resolved, That nolaw can of itself, survive the government which
enacts it.
Resolved, That to attempt to attach to the people of Florida, a re.
sponsibility for the acts of the Territorial Government, not sanction.
ed by their Constitution, can never be enforced.
Resolved, That while the people of the State of Florida will ever
recognize and sustain obligations resulting from a legitimate exercise
of constitutional authority, they hold themselves forever released from
responsibility for the partial, temporary and irrelevant acts of a pre-
existing government.
Which were read and placed amongst the orders of the day for
Monday next.
ORDERS OF THE DAY.

A bill to be entitled, An act to give effect to the provisions of the
.Constitution of this State respecting corporations and associations
claiming to exercise corporate privileges within this State, came up,
and Mr. Ross moved to lay the same on the table; which was lost.
Mr. Myers moved said bill be re-committed to the committee of the
whole; which was lost.
Mr. Barkley moved to lay said bill on the table till Monday next;









37

The yeas and nays being called for on said motion by Messrs. My.
ers and Penn, were:
Yeas-Messrs. Allison, Barkley, Branch, Brett, Daffin, Dell, Gar.
reason, Gillett, Goff, Long, Neal, Ross, Stafford, Waring and Mr.
Speaker-15.
Nays-Messrs. Alexander, Baldwin, Brown, Coleman, Cotten,
Ellis, Kelly, Myers, Oliveros, Pellicer, Penn, Russell, Stewart and
Tracey-14.
Yeas 15, Nays 14; so the motion prevailed.
Mr. Alexander moved the House adjourn till Monday morning, 12
o'clock;
The yeas and nays being called for on said motion by Messrs. Dell
and Myers, were:
Yeas-Messrs. Allison, Alexander, Barkley, Brett, Brown, Gar.
reason, Gillett, Goff, Kelly, Penn and Mr. Speaker-11.
Nays-Messrs. Baldwin, Branch, Coleman, Cotten, Daffin, Dell,
Ellis, Long, Myers, Neal, Oliveros, Pellicer, Ross, Russell, Stafford,
Stewart, Tracey and Waring-18.
Yeas 11, Nays 18; so the motion was lost.
On motion of Mr. Garrason, the House adjourned till 10 o'clock,
Monday morning.


MONDAY, November 24th, 1845.
The House met pursuant to adjournment; a quorum being present,
after prayer by the Rev. Mr. Foster, the Journal of Saturday's pro.
ceedings was read and approved.
Mr. Neil McMillan, presenting a certificate of the Judge of Pro.
bates of Escambia County, of his election to fill a vacancy occasioned
by the resignation of James R. Riley, a Representative from said
County, was sworn by Hon. William W. J. Kelly, a Justice of the
Peace, and took his seat.
Mr. Alexander, according to previous notice, asked and obtained
leave to introduce a bill to be entitled, An act to establish a Board
of Wardens for the port of St. Marks, and for other purposes.
Ordered that the same be placed among the orders of the day.,
Mr. Alexander gave notice that he would, at some future day, ask
leave to introduce an act entitled, An act appointing the several town
councils in this State Boards of Health ex officio."
Mr. Russell offered the following resolution, viz:
Resolved, That, as the Constitution provides that the General As.
sembly shall commence its annual session on the fourth Monday of
November in each and every year, that this House do now be re-or.
ganized by the election of officers, &c.
Mr. Goff moved said resolution be indefinitely postponed;
The yeas and nays being called for on said motion by Messrs.
Russell and Oliveros, were:
Yeas-Messrs. Alexander, Barkley, Branch, Dell, Garrason, Gillis,









38

Goff, Long, Myers, Penn, Stafford, Taylor, Waring and Mr. Speaker
-15.
Nays-Messrs. Baldwin, Brett, Brown, Coleman, Cotten, Daffin,
Gillett, Kelly, Neal, Oliveros, Ross, Russell and Stewart-12.
Yeas 15, Nays 12, so the motion prevailed.
Mr. Long offered the following resolution:
Resolved by the Senate and House of Representatives of the State of
Florida in General Assembly convened, That so much of an act entitled
an act" To raise a Revenue for the State of Florida, and defining the
duties of the assessors and collectors thereof," approved by the Gover-
nor on the 24th day of July last, as requires the Sheriffs in the several
Counties in this State to pay into the Treasury so much of the taxes
collected in each County as shall appear to be due the Treasury after
settlement of their accounts with the Comptroller of the Treasury,
on or before the first day of December next, shall be suspended until
the first Monday in February next, and that the Sheriffs in each
County in this State be allowed until that day to make said payment.
Which was read the first time and ordered for a second reading on
to-morrow.
Mr. Ellis offered the following resolutions:
Be it resolved by the Senate and House of Representatives of the
Slate of Florida in General Assembly convened, That our Senators
be, and they are hereby instructed, and our Representative requested,
to vote for the Constitution of the State of Texas, as adopted by the
people of that State.
Be it further resolved, That our Senators aforesaid be and they
are hereby instructed to vote for a revision of the existing Tariff, and
an equal, just and fair reduction of the same, to meet only the eco-
nomical expenditures of the government, and our Representative in
Congress is requested to pursue the same policy.
Be it further resolved, That our Senators are hereby instructed,
and our Representative to vote against any propositions that may
come before Congress to establish a National Bank.
Be it further resolved, That our Senators are hereby instructed,
and our Representative in Congress is requested, to vote against any
bill that may come before Congress to distribute the proceeds of the
sales of the public lands among the States of this Union.
Which were read the first time and ordered for a second on to-
morrow.
On motion of Mr. Russell the rule was waived to permit him to
give notice that he would, on some future day, ask leave to introduce
the following bills, viz:
A bill to be entitled, An act to amend an act entitled an act to raise
a Revenue for the State of Florida, and defining the duties of the
assessors and collectors thereof, approved July 24th, 1845;
A bill to be entitled, An act making provision for the establishment
of Ferries and Bridges.
The Senate transmitted to the House a resolution respecting the
procurement of arms for the militia of this State, originating in the









39

House, as having been adopted by the Senate without amendment.
The Senate also transmitted to the House, the following resolution,
as a substitute for the resolution adopted by the House, in relation to
the fitting up of the Supreme court room, viz :
Resolved, That a committee of three be appointed, to act with a
similar committee on the part of the Senate to examine the
room assigned for the holding of the Supreme Court, and to report
whether any repairs are actually and indispensably necessary and to
report the amount required to complete said repairs.
Which substitute was adopted by the House.
Ordered, that the same be certified to the Senate.

ORDERS OF THE DAY.

A bill to be entitled, An Act to alter the first section of the sixth
article of the Constitution ofthe State of Florida,
Was read the first time, and ordered for a second reading on
tomorrow.
A bill to be entitled, An Act to authorize the sale of the Equity of
Redemption to Mortgaged Property, and for other purposes, came up,
and on motion of Mr. Baldwin, was postponed tillto-morrow.
Resolutions offered by Mr. Gotten, on Saturday, in relation to the
laws of a former government not being binding on a subsequent
government, without being recognized by its Constitution, were read
a second time, and referred to the committee on the Judiciary.
A bill to be entitled An Act to establish a Board of Wardens for
the Post of St. Marks and for other purposes.
Was read the first time and ordered for a second reading on to.
morrow.
A bill to be entitled An Act to give effect to the provisions of the
Constitution of this State, respecting corporation and Associations
claiming to exercise corporate privileges within this State:
Came up on a second reading.
Mr. Baldwin moved the adoption of the substitute for the first sec.
tion of said bill, offered by him on Friday last; and the yeas and
nays being called on said motion by Messrs. Kelly and Baldwin,
were:
Yeas-Messrs. Alexander, Baldwin, Gotten, Daffin, Dell, Ellis,
Goff, Myers, Oliveros, Penn, Russell and Stewart-12.
Nays-Messrs. Barkley, Branch, Brett, Brown, Coleman, Garra.
son, Gillett, Gillis, Kelly, Long, McMillan, Neal, Ross, Stafford,
Taylor, Tracey, Waring and Mr. Speaker.-18.
Yeas 12-nays 18, so the substitute was rejected.
Mr. Baldwin moved said bill be indefinitely postponed.
The yeas and nays being called for on said motion, by Messrs.
Baldwin and Goff, were:
Yeas-Messrs. Alexander, Baldwin, Gotten, Daffin, Dell, Ellis,
Gillis, Goff, Penn, Ross, Stewart, Taylor and Mr. Speaker.-13.









40

Nays-Messrs. Barkley, Branch, Brett, Brown, Coleman, Garra.
son, Gillett, Kelly, Long, McMillan, Myers, Neal, Oliveros, Russell,
Stafford, Tracey and Waring.-17.
Yeas 13-nays 17, so the motion was lost.
Mr. Alexander offered the following as a substitute for the first
section of said bill, viz :
SECTION 1. Be it enacted by the Senate and House of Represen-
tatives of the State of Florida in General Assembly convened, That
the Attorney General, do forthwith institute legal proceedings in
either of the Circuit Courts of this State against each and every in-
stitution claiming to exercise Banking Privileges within this State,
so as to oust and disfranchise their privileges, provided it may be
decided by the said Courts that they have violated the charters un-
der which they may pretend to exist, and provided that no judgment
of forfeiture shall be so construed as to prevent the suing and being
sued as before the judgment of forfeiture, as to all rights, credits,
liabilities, duties, responsibilities or obligations of any kind whatso.
ever existing anterior to the rendition of such judgment.
The yeas and nays being called for on the adoption of said substi-
tute by Messrs. Baldwin and Alexander, were:
Yeas-Messrs. Alexander, Baldwin, Daffin, Dell, Ellis, Goff, Ross,
Russell and Stewart.-9.
Nays-Messrs. Barkley, Branch, Brett, Brown, Coleman, Gar-
rason, Gillett, Gillis, Kelly, Long, McMillan, Myers, Neal, Oliveros,
Penn, Stafford, Taylor, Tracey, Waring and Mr. Speaker.-20.
Yeas 9, nays 20, so the same was lost.
Mr. Russell moved said bill be recommitted to the Committee of
the whole; which was lost.
Mr. Cotten in order that the first section of said bill might read
affirmatively, offered the following as a substitute therefore:
That it shall be lawful for any Banking or other Associations"
claiming to exercise corporate privileges in this State, which pays
specie for any of its liabilities when due and legally demanded,
to make any loan or to buy or discount any bond, note, bill, bill of
exchange or other security of any kind or nature whatsoever, redeem-
ing and continuing to redeem and pay all its liabilities in specie ac-
cording to the tenor'thereof, upon legal demand; and each and every
loan so made, and each and every bond, note, bill of exchange or
other security so bought and discounted, and every purchase, and ad.
vance so made shall be valid and of full force.
The yeas and nays being called for on the adoption of said substi-
tute by Messrs. Gotten and Baldwin, were:
Yeas-Messrs. Alexander, Daffin, Goff and Stewart.-4.
Nays-Messrs. Baldwin, Barkley, Branch, Brett, Brown, Cole-
man, Gotten, Dell, Ellis, Garrason, Gillett, Gillis, Kelly, Long, Mc-
Millan, Myers, Neal, Oliveros, Penn, Ross, Russell, Stafford, Taylor,
Tracey and Waring.-25.
Yeas 4, nays 25, so the same was lost.









41

On motion of Mr. Coleman ordered that said bill be engrossed for
a third reading on to-morrow.
The Senate transmitted to the House as having passed that body
the following resolution :
Resolved by the Senate and House of Representatives of the State
of Florida in General Assembly convened, That so much of an act
entitled, An Act to raise a revenue for the State of Florida, and defin.
ing the duties of the Assessors and Collectors thereof, as requires the
Sheriffs in the several Counties in this State, to settle their accounts
with the Comptroller of the Treasury, and to pay to the Treasury, on
or before the fourth Monday in November, in each and every year,
all moneys that they are charged with the collection of, be suspended
so far as relates to the revenue for the present year, and that the said
Sheriffs have until the third Monday in January next, to settle their
accounts with the Comptroller and Treasurer of this State.
Mr. Long moved that the Resolution offered by him this morning
on the subject, be substituted for the Senate's resolution;
Which motion prevailed.
On motion of Mr. Long, the rule was waived, said substituted re-
solution read a second and third time and adopted.
Ordered that the same be certified to the Senate.
The following communication was received from His Excellency
the Governor :
EXECUTIVE OFFICE,
Capitol, Tallahassee, Nov. 24, 1845.
Gentlemen of the Senate
and House of Representatives:
I have approved the Preamble and Resolution, respecting Pensa-
cola Dry Dock.
I have the honor to be,
Very respectfully,
Your obedient servant,
W. D. MOSELEY,
Also the following:
EXECUTIVE OFFICE,
Tallahassee, Nov. 21, 1845.
Gentlemen of the Senate
and House of Representatives:
I herewith transmit you the annual statement of the condition of
the Union Bank of Florida, as presented by the President, John G.
Gamble, Esq.
I have the honor to be,
Very respectfully, your obedient servant,
W. D. MOSELEY.
On motion of Mr. Long, said communication, and the documents
transmitted therewith, were referred to the Committee on Corpora-
tions.
On motion of Mr. Cotten, the House adjourned till to-morrow
morning, 10 o'clock.
6









42

TusnDAr, November 25th, 1845.

The House met pursuant to adjournment; a quorum being pre-
sent, after prayer by the Rev. Mr. Foster, the Journal of yesterday's
proceedings was read and approved.
William B. Fail, presenting a certificate of the Judge of Probates
of Orange county, of his election to fill the vacancy occasioned by
the resignation of Douglas Dummett, Representative from said coun-
ty, was sworn by the Hon. William W. J. Kelly, a Justice of the
Peace, and took his seat.
Mr. Alexander moved to reconsider the vote indefinitely postpone.
ing the resolution offered by Mr. Russell on yesterday, relative to
the reorganization of the House, which was carried.
Mr. Kelly, according to previous notice, asked and obtained leave
to introduce a bill to be entitled, An Act to declare the Mayors and
Intendants of the several corporate cities and towns in this State,
ex-oficio Justices of the Peace, and for other purposes.
Ordered, that the same be placed among the orders of the day.
Mr. Ross gave notice that he would on some future day, ask leave
to introduce a bill to be entitled, An Act to give the Justices of the
Peace jurisdiction in certain cases.
Mr. Barkley gave notice that he would on some future day, ask
leave to introduce the following bills, viz:
A bill to be entitled, An Act to create and regulate a Patrol sys-
tem in the State of Florida.
Also, a bill to be entitled, An Act for the protection of the assets
of the corporations claiming to exercise banking privileges in this
State.
Mr. Russell, according to previous notice, asked and obtained
leave to introduce a bill to be entitled, An Act making provisions for
the establishment of Ferries and Bridges.
Also; a bill to be entitled, An Act to prevent the evil practice of
gaming in this State.
Mr. Floyd asked leave of the Honse to record his vote on two
questions presented to the House on yesterday, in reference to the
bill to be entitled, An Act to give effect to the provisions of the Con.
stitution of this State, respecting corporations and associations claim-
ing to exercise corporate privileges within this State.
Which leave being granted, Mr. Floyd voted for the adoption of
the substitute offered by Mr. Baldwin, to the-first section of said bill,
and also, for the indefinite postponement of said bill.

ORDERS OF THE DAY.
A bill to be entitled, An Act to establish a Board of Wardens for
the Port of St. Marks, and for other purposes, came up on a second
reading, and on motion of Mr. Baldwin, was referred to the Com-
mittee on the Judiciary.
Resolutions instructing the Senators, and requesting the Repre-









43

tentative to Congress from this State, to vote for the revision of the
Tariff, against a National Bank, in favor of the Constitution of
Texas, and against the distribution of the proceeds of the sales of the
Public Lands, &c., came up, and Mr. Russell moved that the same
be indefinitely postponed.
The yeas and nays being called for on said motion, by Messrs.
Floyd and Baldwin, were:
Yeas-Messrs. Barkley, Brett, Brown, Cotten, Fernandez, Gar.
reason, Gillett, Gillis, Kelly, McMillan, Neal, Oliveros, Phillips, Ross,
Russell and Tracey-16.
Nays-Messrs. Alexander, Baldwin, Branch, Coleman, Daffin,
Dell, Fail, Floyd, Goff, Hurst, Penn, Stafford, Stewart, Taylor,
Waring and Mr. Speaker-16.
Yeas 16, Nays 16; there being a tie, the question was decided in
the negative.
On motion of Mr. Floyd, said resolutions were laid on the table.
A bill to be entitled, An Act to authorise the sale of the Equity of
redemption to mortgaged property and for other purposes,
Came up and Mr. Floyd moved that it be referred to the Com-
mittee on Corporations; which was lost.
Mr. Kelly moved said bill be recommitted to the Committee on
the Judiciary.
Which motion prevailed.
A bill to be entitled, An Act to alter the first section of the sixth
article of the Constitution of the State of Florida:
Was read a second time and ordered to be engrossed for a third
reading on to-morrow.
SOn motion of Mr. Baldwin the resolution in relation to the re-or.
ganization of the House, offered by Mr. Russell on yesterday; was
taken up for consideration:
Mr. Dell moved said resolution be indefinitely postponed.
The yeas and nays being called for on said motion by Messrs.
Goff and Tracey, were:
Yeas-Messrs. Alexander, Baldwin, Barkley, Branch, Coleman,
Cotten, Daffin, Dell, Fail, Fernandez, Floyd, Garrason, Gillis, Goff,
Hurst, Long, McMillan, Myers, Penn, Philips, Stafford, Stewart,
Taylor, Tracey, Waring and Mr. Speaker.-26.
Nays-Messrs. Brett, Brown, Gillett, Kelly, Neal, Oliveros, Ross
and Russell.-8.
Yeas 26, nays 8, so the motion prevailed.
A bill to be entitled, An Act to declare the Mayors and Inten-
dants of the several corporate Cities and Towns in this State Ex.
officio," Justices of the Peace and for other purposes,
Was read the first time and ordered for a second reading to-mor.
row.
A bill to be entitled, An Act making provision for the establish-
ment of ferries and bridges.
Was read the first time and ordered for a second reading on to.
morrow.









44

A bill to be entitled, An Act to prevent the evil practice of gam-
ing in this State :
Was read the first time and ordered for a second reading on to.
morrow.
A message was received from the Senate, stating that the Senate
had refused to concur in the substitute of the House, to the resolution
of the Senate relative to suspending part of the act to raise a revenue
for the State of Florida, &c., and giving further time to Sheriffs to
settle their accounts with the Comptroller and Treasurer, and insigt-
ing upon the original resolution.
On motion of Mr. Kelly, a committee consisting of Messrs. Kelly,
Long and Russell, was appointed to confer with a similar committee
on the part of the Senate, respecting said resolution to suspend part
of the act to raise a revenue, &c.; ordered that the same be certi-
fied to the Senate.
A message was received from he Senate, stating that the Senate
had appointed Messrs. Mays, White and Broward, a committee to act
with the committee heretofore appointed by the House relative to fit.
ting up the Supreme Court room.
The following message was received from his Excellency the
Governor, viz:
EXECUTIVE OFFICE,
Capitol, Tallahassee, Nov. 25th, 1845.
Gentlemen of the Senate
and House of Representatives:
I herewith transmit copies of communications received this day
from the Governor of Georgia, in relation to the question of bounda-
ry between that State and Florida.
In a former communication, I had the honor to submit to you a
copy of the correspondence heretofore had upon this subject, as also,
the report of the Attorney General of this State, made in conformi-
ty to your instructions at your late session.
The subject is one of increasing interest to the State, and will doubt.
less engage your early attention.
It will afford me much pleasure to co-operate with the General
Assembly in perfecting such measures as may be deemed necessary
and proper, to the final and equitable adjustment of this controversy.
I have the honor to be,
Very Respectfully,
Your obedient servant,
W. D. MOSELEY, Gov. Florida.

(COPY.)
EXECUTIVE DEPARTMENT,
Milledgeville, November 20, 1845.
SIR:-Complying with a promise heretofore made, I now have
the honor of transmitting a copy of a communication laid before the
Legislature of this State, in relation to the boundary between Florida
and Georgia.









45

I trust your Excellency will find in it a spirit earnestly intent upon
our adjustment of this controversy, and which will, I believe, be
reciprocated by the authorities of Florida.
You will be early notified of the result of our legislative action on
this subject, and in the meantime,
I am, very respectfully,
Your obedient servant,
(Signed,) GEO. W. CRAWFORD.

(copy.)
EXECUTIVE DEPARTMENT,
Milledgeville, November 18, 1845.
I have the honor of transmitting herewith a copy of a resolution
passed by the General Assembly of Florida, in relation to the boun-
dary between that State and Georgia. The resolution has just been
received at this department, and in view of the pressing necessity of
settling a question of territorial limits, I avail myself of the earliest
opportunity of laying it before the General Assembly. Accompany-
ing the resolution is a letter from the Governor of Florida, in which
his Excellency has had the kindness to say what will be substantially
his recommendation upon the subject to the Legislature of that State,
which assembles this day. He says that he will recommend the ap-
pointment of a commissioner on the part of Florida, with full author-
ity to meet, consult and settle with such as may be raised on the part
of Georgia, the question in controversy, and in case of disagree-
ment, to leave the matter to the umpirage of some person to be se-
lected from another State. His Excellency further advises that he
shall give notice to the authorities of the Federal Government, as
they are interested in the soil in dispute, and request the appointment
of a commissioner to meet those of Florida and Georgia, and in conclu
sion expresses the hope that this State will concur in the proposition.
As the proposition indicated by the Executive of Florida, is pre-
sented in accordance with the past and importunate wishes of Geor-
gia, as evinced by her frequent legislative action since the year
1819, when she acquired the occupancy of the territory bordering on
the unsettled boundary, it is presumed that it will be promptly ac-
cepted. In respect to the plenary authority asked to be conferred
on the Commissioner, or Commissioners, on the part of Georgia, I
respectfully invite your attention to the Constitution of this State,
which declares the boundary thereof, and the mode by which that
instrument may be altered. It is apparent that whatever shall be
done, can only be done provisionally, subject to the ratification of
two successive Legislatures, unless indeed the boundary which may
be established be in conformity with the provision of that instrument.
So much is due to Florida that she may be seasonably advised of the
constitutional difficulty which will be encountered, in case a conven-
tional line should be agreed or decided on, other than that designated
in the Treaty between the United States and Spain in the year 1795,
and with which the Constitution of Georgia is concurrent. A divi.
/









46

ded jurisdiction and sovereignty are wholly inconsistent with that
peace and harmony which should exist between States united by all
the ties which make intercourse profitable and pleasant.
I have intentionally refrained from the discussion of this subject,
under the belief, that as Florida intends to submit it as an open ques-
tion, Georgia should meet it under like circumstances. In the ab.
sence of any legislative instructions, I shall regard it as a duty to ex-
press fully my views to the Commissioners who may be appointed on
the part of Georgia. In the meantime, I beg leave respectfully to
refer the General Assembly to the treaty of 1795, already mentioned,
the acts of the Commissioners of the United States and Spain, in 1800,
and the failure and the causes thereof in the performance of the
duties assigned them; the report of the various surve ys made by the
authority of Georgia since the year 1819, and several messages
made by my predecessors, and other documents which are fully re.
ferred to in them. These will furnish the necessary information
for the full understanding of the matter in dispute, and to which it is
supposed the Legislature will refer, in the event that our Commis-
sioners are to receive any special instructions upon the subject.-
The instructions which shall be given by this Department will, of
course, be communicated to the present or a future Legislature.
(Signed,) GEO. W. CRAWFORD.

On motion of Mr. Branch the same and the documents accom-
panying the same, were referred to the Committee on Federal rela-
tions.
Also the following:
EXECUTIVE OFFICE,
Capitol, Tallahassee, Nov. 25, 1845.
Gentlemen of the Senate
and House of Representatives:
I herewith communicate the annual report of the Trustees of the
Seminary lands, the original of which, I had the honor to transmit
to the Senate on the 22d inst.
This report was adverted to in my late annual message; and has
been delayed only from necessity.
The accompanying 'document contains the correspondence be-
the Departments at Washington and the various departments of this
Government in relation to the locations of these lands.
I beg leave to remark, that the locations of most of them have yet
to be made; and that the approaching sales on the 5th of January
next, with the vast tide of emigrants now seeking new homes among
us, must necessarily diminish the quantity of lands for which valuable
locations may now be made. Considerations of sound policy would
therefore seem to claim for this subject, your immediate and earnest
attention. I have the honor to be,
Very respectfully,
Your obedient servant,
W. D. MOSELEY.









47

Mr. Baldwin moved the report of the Trustees of the Seminary
lands accompany said message, be printed with the documents accom-
panying the annual message of the Governor.
On motion of Mr. Floyd said message and said report, of the said
Trustees were referred to the Committee on Schools and Colleges.
A bill to be entitled, An act to give effect to the provisions of the
Constitution of this State respecting corporations and associations
claiming to exercise corporate privileges within this State, came up
on a third reading.
Mr. Baldwin moved said bill be re-committed to the committee of
the whole;
The Speaker decided said motion out of order;
Mr. Baldwin appealed from the decision of the chair.
The yeas and nays being called for on the question shall the deci-
sion of the Chair be sustained, by Messrs. Baldwin and Cotten, were :
Yeas-Messrs. Barkley, Branch, Brown, Coleman, Fernandez,
Garrason, Gillett, Gillis, Hurst, Kelly, McMillan, Myers, Oliveros,
Penn, Philips, Ross, Russell, Stafford, Taylor, Tracey and Waring
-21.
Nays-Messrs. Alexander, Baldwin, Cotten, Daffin, Dell, Fail,
Floyd, Long and Stewart-9.
Yeas 21, Nays 9, so the decision of the Chair was sustained.
Mr. Baldwin asked to be permitted to offer an amendment to said
bill, by way of an engrossed rider;
The Speaker decided that it was out of order;
Mr. Baldwin moved that said bill be referred to a select committee *
The Speaker decided said motion out of order;
Mr. Barkley moved to lay said bill on the table; which was lost.
Mr. Fernandez asked to be excused from voting on the passage of
said bill; which was refused.
Mr. Long moved the House take a recess till 3 o'clock; which
was lost.
On the passage of said bill, the yeas and nays were:
Yeas-Messrs. Barkley, Branch, Brown, Coleman, Dell, Garra.
son, Gillett, Kelly, Long, McMillan, Myers, Oliveros, Penn, Russell,
Stafford, Tracey, Waring and Mr. Speaker-18.
Nays-Messrs. Alexander, Baldwin, Brett, Cotten, Daffin, Fer-
nandez, Floyd, Gillis, Goff, Hurst, Neal, Philip's, Ross, Stewart and
Taylor-15.
Yeas 18, Nays 15, so the bill passed.
Mr. Goff offered the following as an amendment to the title of said
bill, viz:
A bill to be entitled, An act to establish Banks in this State.
The yeas and.nays being called for on the adoption of said amend.
ment by Messrs. Goff and Fernandez, were:
Yeas-Messrs. Alexander, Baldwin, Cotten, Daffin and Fernan.
dez-5.
Nays-Messrs. Barkley, Branch, Brett, Brown, Coleman, Dell,
Floyd, Garrason, Gillett, Gillis, Goff, Hurst, Kelly, Long, McMillan,









48

Myers, Neal, Oliveros, Penn, Philips, Ross, Russell, Stafford, Tay.
lor, Tracey, Waring and Mr. Speaker-27.
Yeas 5, Nays 27, so the same was rejected.
Ordered that the title of said bill be as stated, and that the same
be certified to the Senate.
A message was,received from the Senate, stating that Messrs.
White, Lorimer and Goodbread were appointed a committee on the
part of the Senate, to confer with the committee appointed on the
part of the House, in reference to the resolution suspending a part of
the Revenue act, and giving further time to Sheriffs, &c.
On motion of Mr. Brown, the House adjourned till 10 o'clock, to.
morrow morning.



WEDNESDAY, November 26, 1845.
The House met pursuant to adjournment; a quorum being present,
after prayer by the Rev. Mr. Foster, the Journal of yesterday's pro.
ceedings was read and approved.
Richard F. Brantley, presented a certificate of his election to fill
the vacancy occasioned by the resignation of Joseph B. Brown, re.
presentative from the county of Monroe.
Mr. Kelly being called on to administer the oath to Mr. Brantley,
was objected toby Mr. Floyd upon the ground that a Justice of the
Peace was not competent to administer such oath.
Whereupon Mr. Branch offered the following resolution :
Be it Resolved, That the members of this House qualified by a
Justice of the Peace of this State are legally and properly qualified
according to the Constitution of this State.
The yeas and nays being called for on the adoption of said Reso.
lution by Messrs. Floyd and Baldwin, were :
Yeas-Messrs. Alexander, Barkley, Branch, Brett, Brown, Cole.
man, Daffin, Dell, Ellis, Fail, Fernandez, Garrason, Gillett, Gillis,
Goff, Hurst, Long, McMillan, Myers, Neal, Oliveros, Penn, Philips,
Ross, Russell, Stafford, Stewart, Tracey, Tweed, Waring and Mr.
Speaker.-31.
Nays-Messrs. Baldwin and Floyd.-2.
Yeas 31, nays 2, so the same was adopted.
Mr. Brantley was then sworn by the Hon. William W. J. Kelly,
a Justice of the Peace, and took his seat.
Mr. Baldwin gave notice that he would on some future day ask
leave to introduce a bill relative to the several Associations in this
State claiming to be Banking Coporations and for other purposes.
Mr. Fail gave notice that he would at an early day ask leave to
introduce a bill to be entitled, An Act providing for the appoint-
ment of Pilots in the counties of Orange and St. Lucie."
Mr. Ellis gave notice that he will at an early day introduce a bill










49

to be entitled, An Act to settle county contested elections in their res.
pective counties.
Mr. Dell gave notice that he would move the House for leave to
introduce a bill to refund certain taxes now in the hands of the late
county Treasurer of Alachua county.
Mr. Fernandez gave notice that he would on some future day ask
leave to introduce a bill to establish rates of dockage, wharfage and
storage in the city of Jacksonville.
Mr. Barkley gave notice that he would on some future day ask
leave to introduce a bill to be entitled, An Act to authorise Thomas
J. Walton to practice law in this State.
Mr. Branch gave notice that he would on some future day ask
leave to introduce a bill to be entitled, An Act to permit Nelson
Gray to practice law in this State.
Mr. Tracey according to previous notice asked and obtained leave
to introduce
A bill to be entitled, An Act to authorise Silas Atkins, to establish
a Ferry across the St. Mary River,
Which was placed among the orders of the day.
On motion of Mr. Gotten, the following protest was ordered to be
spread on the Journals:
A PROTEST.
The undersigned, members of the House of Representatives ofthe
State of Florida, protest against the passage of a bill by this House,
on the 25th instant, purporting to be, "A bill to be entitled, An Act to
give effect to the provisions of the Constitution of this State respect.
ing corporations claiming to exercise corporate privileges within this
State," for divers reasons, to wit:
That it gives to all asssociations,"claiming to exercise corporate priv.
ileges in this State," whether the claim be valid or not, and having no
authority to act save its will to do so and the sanction of this bill, to ex.
ercise all the functions pertaining to a bank, in direct conflict with
various provisions of the Constitution of this State, necessary to be
complied with before a bank or banks can be chartered or incorpor-
ated, under the sanction of its authority : That beneath the covert of
a bill for one object, it is the agent for consummating another and
antagonistical object, to wit: the incorporation of banks and the
reviving the charters and continuing the privileges of extinct corpo.
rations. For the above and other reasons equally important, and un-
der the sanctity of an oath, to protect and defend the Constitution of
this State, and the Constitution of the United States, we solemnly
protest against an act which we seriously believe to be an invasion
and violation ofthe Constitution of this State, and of the United States,
and the incipient, if notarrested by the veto of one of the co-ordinate
branches of this government, of the most deplorable consequences.
F. R. GOTTEN, member from Leon and Wakulla.
JOHN DAFFIN, "
R. J. FLOYD, member from Franklin county.
J. P. BALDWIN, member from Dade county.
7










50

Mr. Tweed presented a memorial of the holders of the FBitih
Bonds and certificates to the Senate and House of Representatives
of the State of Florida, in relation to the bonds of the Territory of
Florida, issued to the Union Bank of Florida, and the bonds of the
Banks of Pensacola and Southern Life Insurance and Trust Com-
pany, granted by the Territory of Florida, praying that provision
may be made fbr the payment of the same and the interest thereon.
Which was read, and on motion of Mr. Tweed, was referred to a
joint select committee consisting of Messrs. Tweed, Barkley, Cole-
man, Russell and Goffi on the part of the House.
Mr. Goff asked to be excused' from serving on said'committee;
which was refused.
Mr. Russell asked'to be excused from'serving on said Committee;.
which was refused.
Mr. Russell moved' said committee be increased to.the number of
twenty; which was lost.
Ordered, that said memorial and the appointment of said commit-
tee be transmitted and certified to the Senate.
Mr. Long moved that Mfr. Fail be. added to the Committee on
Claims.
That Mr. McMillan be-added to the Committee on Internal Im.
provements.
That Mr. Brantly be added to the Committee on the Judiciary, andi
Messrs. Brantly and Tweed, to the Committee on Federal Relations:.
Which prevailed, and the additions accordingly made.
Mr. Coleman from the Judiciary Committee made the following
report:
The Judiciary Committee to whom: was recommitted the bill to be
entitled, An Act to authorize, the sale of the Equity of redemption in
mortgage property and for other purposes, have had the- same under
consideration, and have instructed me to report the bill back as amen.
ded by the committee. J. COLEMAN, Chairman.
Which was received and placed among the orders of the day.
The following message was received from, His Excellency the
Governor, viz:.
EXECUTIVE OFFICE,
Capitol, Tallahassee, Nov. 26, 1845. ,
Gentlenien- of the Senate
and House of Representatives:
I herewith transmit a copy of a communication received from
Joseph Clisby Esq., in relation to the laws of this State for the year
1843. I have the honor to be,
Very respectfully,
Your obedient servant,
W. D. MOSELEY.
(copy.)
SENTINEL OFFICE, Tallahassee, Nov. 26, 1845.
To his Excellency, W. D. MOSELEY,
DEAR SIR: Llearm that there is a scarcity of the Laws of 1843.2"









51

I was-piinter of the laws that year, and apprehending that hiisniig'ht
occur, I printed about 50 extra copies for the use of myself and friends,
of which I have some few left, and beg to offer them for the use of
'the State. Very respectfully,
Your obedient servant,
,(Signed) JOSEPH 'CLISBY.
Mr. Barkley moved that the copiesof the laws of 1843, presented
'to this State by Joseph Clisby, a part of'which is'by the Governor
this day presented to the House of Representatives, be accepted, and
a vote of thanks tendered to the said. Joseph Clisby, Esq., for the
,same; which motion prevailed.
Mr. Barkley, from the joint selectcommittee appointed to ascer-
tain whether any thing was necessary to be done in preparing the
Supreme Court Room, for the session of thetCourtlin.anuary next,
'made the following report.:
REPORT::
That they'have examined the room, and'find:it necessary and pro-
iper that a Judge's stand, 14 feet wide and 6 feet deep, should be
made,; also, a Clerk's table, in a circular form, railed in;6 feet long.;
a small deskwith pigeon-holes, on the-Clerk's table, for papers ; one
circular table, fronting the Bench, 14 feet long, for the convenience
of the Bar; six arm chairs and one dozen common chairs. Two
benches, 20 feet each, for spectators, are also necessary and should
.be furnished. Your Committee, therefore, recommend the adoption
*of the following resolution,:
Resolved, That the Clerk'ofthe Supreme Court!be and'heis here-
by authorized to contract for and -have executed the above'work, at
the lowest price for which'it can be done.
BRITTON :BARKLEY,
cChailmanfCom. on the part of the House.
The following communication was received from His Excellency
,the Governor.:
EXECUTIVE OFFICE,
Capitol, Tallahassee, November 26, 1845.1s
* Gentlemen of the Senate
and House of'Representatives:
You have herewith communicated the report of theCommission.
or of the Tallahassee Fund to the 17th inst., by which itwillbe seen
that there are still unsettled claims to a large amount to be provided
for. The means of the Fund are also distinctly set forth. I would
suggest to the General Assembly the .propriety of disposing of these
means at an early day, with the view of satisfying the demands a-
gainst it, so far as they may be available. This is due to the credit.
tors, and will at the same time be converting the funds, which are
now unproductive, into cash. I would also suggest the propriety of
.abolishing the office of Commissioner as it is believed that the duties









52

may now be readily performed without incurring the heavy ex.
pense heretofore attached to them.
I have the honor to be, very respectfully,
Your obedient servant,
W. D. MOSELEY.
On motion of Mr. Baldwin, said communication and the docu-
ments accompanying the same, were referred to the Committee on
Finance and Public Accounts.
On motion of Mr. Kelly, the rule was waived to permit him to
make the following report:
The Committee of Conference on the part of the House appointed
to act with a similar committee on the part of the Senate, relative to
a disagreement on a resolution suspending so much of an act entitled
An act to raise a Revenue for the State of Florida, and defining
the duties of the Assessors and Collectors thereof," have had the same
under consideration, and Report:
The committee finding that the disagreement between the two
Houses related only as to the time specified, and language of said
resolutions referred to them, they therefore respectfully suggest the
following amendment as a substitute for said resolutions:
Strike out all after the word Resolved," and insert: "By the
Senate and House of Representatives of the State of Florida in Gene-
ral Assembly convened, That so much of an act entitled, An act to
raise a Revenue for the State of Florida, and defining the duties of
the Assessors and Collectors thereof,' approved by the Governor on
the 24th day of July last, as requires the Sheriffs in the several coun-
ties in this State to pay into the Treasury so much of the Taxes col-
lected in their respective counties as shall appear to be due, after
settlement with the Comptroller of the Treasury, for the present year,
on or before the first day of December next, shall be suspended un-
til the fourth Monday in January next, and that the said Sheriffs
have until the last mentioned day to settle their accounts, and pay
over all moneys due to this State."
All of which is respectfully submitted.
W. W. J. KELLY, Chairman.
Which was received and placed among the orders of the day.
ORDERS OF THE DAY.
A bill to be entitled, An act to prevent the evil practice of gaming
in this State, was read a second time ;
Mr. Baldwin moved the same be indefinitely postponed;
Thn yeas and nays being called for on said motion by Messrs. Rus-
sell and Brown, were:
Yeas-Messrs. Alexander, Baldwin, Brown, Daffin, Floyd,'Gillett,
Gillis, Myers, Neal, Penn and Tracey--l11.
Nays-Messrs. Barkley, Coleman, Cotten, Dell, Fernandez,
Garrasjn, Goff, Hurst, Kelly, Long, Oliveros, Ross, Russell, Stafford,
Stewart, Waring and Mr. Speaker-17.
Yeas 11, Nays 17, so the motion was lost.









53

S'Mr. Branch, being without the bar of the House when the ques.
tion, to postpone said bill indefinitely, was put, asked for leave to re-
cord his vote; which was refused.
Mr. Baldwin moved said bill be referred to the Committee on Fi.
nance and Public Accounts; which was lost.
On motion of Mr. Baldwin, said bill was laid on the table.
Engrossed bill to be entitled, An act to alter the first section of the
sixth article of the Constitution of the State of Florida, was read the
third time;
On the passage of said bill the yeas and nays were :
Yeas-Messrs. Alexander, Baldwin, Barkley, Brett, Brown, Cole.
man, Gotten, Daffin, Ellis, Fail, Fernandez, Garrason, Gillett, Gillis,
Goff, Long, McMillan, Neal, Oliveros, Penn, Philips, Ross, Russell,
Stafford, Stewart, Tracey, Tweed and Mr. Speaker-28.
Nays-Messrs. Branch, Dell, Floyd, Hurst, Kelly, Myers and Wa.
ing- 7.
Yeas 28, Nays 7, there being a requisite Constitutional majority,
the bill passed. Ordered that the same be certified to the Senate.
A bill to be entitled, An act making provision for the establish.
meant of Ferries and Bridges, 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 declare the Mayors and Intendants
of the several corporate cities and towns in this State, ex officio Jus-
tices of the Peace, and for other purposes, was read a second time and
ordered to be engrossed for to-morrow.
A bill to be entitled, An act to authorise Silas Atkins to establish
a Ferry across the St. Mary's River, was read the first time;
SMr. Floyd moved said bill be indefinitely postponed; which was
lost.
Mr. Russell moved it be laid on the table; which was lost.
Mr. Floyd moved said bill be referred to a select committee;
The Speaker decided said motion out of order;
Mr. Floyd appealed from the decision of the Chair;
Th9 question then being shall the decision of the Chair be sus.
stained, was carried in the affirmative.
Mr. Floyd moved the 28th rule of the House be repealed;
The Speaker decided the same out of order.
A bill to be entitled, An act to authorize the sale of the Equities
of Redemption to mortgaged property, and for other purposes, and
the report of the Judiciary Committee, came up, and Mr. Myers mo-
ved to lay the same on the table; which was lost.
On motion of Mr. Tweed, said bill and report were postponed till
Tuesday next.
The report of the joint select committee of conference, relative to
the resolution suspending part of the Act entitled, An Act to raise a
revenue for the State of Florida, &c., and giving further time to
Sheriffs to settle their accounts, was read and concurred in by the
House.
Ordered, that the same be certified to the Senate.









Z54

"The report of the joint -select committee, in relation to the fitting
1up of the Supreme court room, was concurred in.
Mr. Barkley moved the rule be waived, that the resolution report.
,ed by the committee might be read a second and third time and
:adopted, which was lost.
The resolution was then ordered for a second reading on tomorrow.
On motion of Mr. Cotten, the House adjourned till tomorrow
:morning, 10 o'clock.

TIuRSDmAY, November 27th, 1845.
The House met pursuant to adjournment; a quorum being present,
after prayer by the Rev. Mr. Foster, the Journal of yesterday's pro.
,ceedings was read and approved.
Mr. Baldwinmasked leave to amend the protest entered upon the
Journals on yesterday; which was granted.
On motion of Mr. Goff, Mr. Fail was added to the Committee on
Elections.
On motion of Mr. Baldwin, Mr. Brantley was added to the Com-
*mittee on Schools and Colleges.
On motion of Mr. Taylor, Mr. Fernandez was added to the Com.
,mittee on Finance and Public Accounts.
On motion ofMr. Goff, Mr. Fernandez was added to the Com.
,mittee on Schools and Colleges.
Mr. Fernandez moved that the testimony sent to this House by
the Governor, relative to militia services performed inthe county of
Duval, in the year 1838, and laid. on the table, be :referred to a
joint select committee, to consist of five members of this House, and
that the Senate be informed of the same; which motion prevailed,
and Messrs. Ross, Goff, Philips, Long and Garrason, were appointed
said committee, on the partof the House.
On motion of Mr. Kelly, Mr. McMillan was :added to the Com-
mittee on Agricuilture.
Mr. Alexander, agreeable to ;previous notice, tasked and obtained
leave to introduce a bill to be entitled, An Act appointing the several
"Town Councils in this State, Boards of.Health ex-officio; which was
:placed among the orders of the day.
Mr. Brantley gave notice that he -would on some future day, ask
leave to introduce a bill to be entitled, An Act to incorporate the Key
West Guards.
Mr. Barkley, according to;previous notice, :asked and obtained
leave to introduce a bill to be entitled, An Act to authorize Thomas
SJ. Walton to practice law in this State; which was placed among
the orders of day.
Mr. Fail, according to previous notice, asked and obtained leave
:to introduce a bill to be entitled, An Act providing for the appoint-
tment of Pilots, in the counties of Orange and St. Lucie; which was
placed among the orders of the day.











MIVr. Brantley gave notice that he would on some future day, ask:
blave to introduce a bill to be entitled, An Act to incorporate the town,
of Key West.
On motion of Mr. Penn, Mr. Stone was added to the Committee
on Elections.
Mr. Baldwin, according to. previous notice, asked and obtained
leave to introduce a bill to be entitled, An Act to declare void the
pretended charters of the several associations in this State, claiming
to be banking corporations, and for other purposes; which was placed
among the orders of the day.
Mr. Brantley presented a petition of sundry citizens of Monroe
county, in relation to the alternating system, and praying it may be.
modified or repealed; which, on motion of Mr. Brantley, was refer.
red to a select committee of five, consisting of Messrs. Brantley, Cole-
man, Kelly, Fail and Floyd.
Mr. Coleman) at his request, was excused from serving on said
committee, and Mr. Tweed was appointed in his stead.
Mr. Floyd presented a petition of the City Cbuncil, of the City of
Apalachicola, praying a repeal or modification of so much of,the
revenue act as prevents them from levying more than 50 per cent. of
the State tax; which on motion of Mr. Floyd, was referred to the
Committee on the Judiciary..
Mr. Floyd presented the bill of Samuel S, Sibley, Printer of the
House, for printing done at July session, which, on motion of Mr.
Floyd, was referred to a select committee, consisting of Messrs.
Floyd, Russell and Alexander, with power to send for persons and
papers.
Mr. Kelly, from the Committee on Enrolled Bills, made the fol-
lowing report:
The Committee on Enrolled Bills have instructed me to report as
correctly enrolled, "A Resolution respecting the procurement of
Arms for the Militia of this State." W. W. J. KELLY, Ch'n.
Mr. Coleman from.the Judiciary Committee made the following
report:
The Judiciary Committee to whom was referred the bill to be en.
titled, An: act to establish a Board of Wardens for the Port of St..
Marks, and for other purposes, have had the same under consider.
tion, and have instructed me to report the bill back to the House
without amendment..
The committee- also. deeming it expedient that a Board of War-
dens should be' established for the respective Ports of Entry in this
State, have likewise instructed me to report a bill to be entitled, An
act to establish Boards of Wardens for the several Ports of Entry in
this State.. All of which is respectfully submitted.
JOHN COLEMAN, Chairman.
Which was received, and the bills reported placed among the or..
ders of the day.
A message was received from the Senate informing the House.
that. the Senate had concurred in the report of the Committee of Con-









56

ference, in reference to the resolution to suspend part of the Revenue
Law, and to give further time to Sheriffs to settle accounts, &c.
ORDERS OF.THE DAY.
Engrossed bill to be entitled, An Act to declare the Mayors
and Intendants of the several Coporated Cities and Towns in this
State Ex-oficio Justices of the Peace, and for other purposes:
Was read the third time.
On the question shall the bill pass," the yeas and nays were:
Yeas-Messrs. Barkley, Branch, Brett, Coleman, Daffin, Fail,
Fernandez, Garrason, Gillis, Hurst, Kelly, McMillan, Oliveros,
Philips, Ross, Russell, Stafford, Tracey, Tweed, Waring and Mr.
Speaker.-21.
Nays-Messrs. Alexander, Baldwin, Brantley, Brown, Cotten,
Dell, Ellis, Floyd, Gillett, Goff, Long, Myers, Penn, Stewart and
Taylor.-15.
Yeas 21, nays 15, so the bill passed.
Mr. Ross moved- to amend the title of said bill by striking out the
words, "and for other purposes."
Which motion prevailed ; ordered that the same be certified to the
Senate.
The following message was received from His Excellency the
Governor:
EXECUTIVE OFFICE,
Capitol, Tallahassee, November 27, 1845.
Gentlemen of the Senate and House of Representatives:
I herewith transmit a communication received by the mail of to-
day from the Hon. James Buchanan, Secretary of State of the Uni-
ted States, in reply to a communication which I had the honor to ad-
dress to the President of the United States on the llth inst. in rela-
tion to the Boundary betweefi Georgia and this State. From the
information received, not only from the Federal authorities, but from
those of Georgia also, there is a manifest disposition to enter upon an
amicable adjustment of this question. It is earnestly desired that you
will heartily co-operate with them.
I have the honor to be, very respectfully,
Your obedient servant,
W. D. MOSELEY.
Which with the letter accompanying the same, was referred on
motion of Mr. Kelly, to the Commiltee on Federal relations.
Engrossed bill to be entitled, An Act making provisions for the
establishment of Ferries and Bridges ; was read the third time.
On the question, "shall the bill pass ?" the yeas and nays were.
Yeas-Messrs. Alexander, Baldwin, Barkley; Branch, Brett,
Brown, Coleman, Daffin, Dell, Ellis, Fail, Fernandez, Garrason,
Gillett, Gillis, Goff, Hurst, Kelly, Long, McMillan, Myers, Oliveros,
Penn, Philips, Ross, Russell, Stafford, Tracey, Waring and Mr.
Speaker.-30.









57

Nays-Messrs. Cotten, Floyd, Stewart and Tweed.-4.
Yeas 30, nays 4, so the bill passed; title as stated; ordered that
the same be certified to the Senate.
Resolution relative to the fitting up of thq Supreme Court room
was read the second time and ordered for a third reading on to-morrow.
A bill to be entitled, An Act to authorize Silas Atkins to establish
a Ferry across St. Marys river; was read a second time.
Mr. Coleman moved to strike out the fourth section of said bill;
Mr. Barkley moved said bill, and said motion to strike out, be laid
on the table; which motion prevailed.
A bill to be entitled, An act appointing the several town councils
in this State Boards of Health ex officio, was read the first time and
ordered for a second reading on to-morrow.
A bill to be entitled, An act to establish a Board of Wardens for
the port of St. Marks, and for other purposes, came up, and on motion
of Mr. Alexander, was laid on the table.
A bill to be entitled, An act providing for the appointment of Pilots
in the Counties of Orange and St. Lucie, was read the first time,
and on motion of Mr. Alexander, laid on the table.
A bill to be entitled, An act to establish Boards of Wardens for the
several ports of entry in this State, was read the first time and order-
ed for a second reading on to-morrow.
A bill to be entitled, An act to authorize Thomas J. Walton to
practice law in this State, was read the first time and ordered for a
second reading on to-morrow.
A bill to be entitled, An act to declare void the pretended charters
of the several associations in this State claiming to be banking cor-
porations, and for other purposes, was read the first time and ordered
for a second reading on to-morrow.
On motion of Mr. Myers, the House adjourned till 10 o'clock, to.
morrow morning.

FRIDAY, November 28, 1845.
The House met pursuant to adjournment; a quorum being pre-
sent, after prayer by the Rev. Mr. Foster, the Journal of yesterday's
proceedings was read and approved.
On motion of Mr. Myers, Mr. Floyd was added to the Committee
on Schools and Colleges.
Mr. Fernandez, according to previous notice, asked and obtained
leave to introduce a bill to be entitled, An act to establish rates of
Dockage, Wharfage and Storage in the town of Jacksonville.
Which was placed among the orders of the day.
Mr. Baldwin moved that the title of the bill, in the protest entered
upon the Journal's of Wednesday, be stricken out, and the following
inserted: A bill to be entitled, An act to give effect to the provisions
of the Constitution of this State respecting corporations claiming to
exercise corporate privileges within this State."
Which motion prevailed.
8









58

Mr. Goff presented a petition of Michael Ledwith, praying re-
muneration for materials furnished Commissioner of the Tallahassee
Fund in 1839; which, on motion of Mr. Goff, was referred to the
Committee on Finance and Public Accounts.
Mr. Kelly presented a petition of the Intendant and Common
Councilmen of the city of Tallahassee, praying a modification or re-
peal of so much of the Revenue act as prevents the assessment by
cities, &c., of more than 50 per cent. of the State tax.
Mr. Kelly moved said petition be referred to the Committee on
the Judiciary.
Mr. Floyd moved said committee be instructed to restrict to some
extent said corporations in the amount of taxes assessed and to be
collected; which motions, by Mr. Kelly and Mr. Floyd, prevailed.
On motion of Mr. Baldwin, the rule was waived and Mr. Brantley
permitted to introduce a bill to be entitled, An act to incorporate the
town of Key West.
Which was placed among the orders of the day.
Mr. Alexander, from the Committee on Finance and Public Ac-
counts, made the following report:
The Committee on Finance and Public Accounts, to whom was
referred the report of the Commissioner of the Tallahassee Fund,
have had the same under consideration, and respectfully ask leave to

REPORT:

That they have not conceived it necessary, from the belief that no.
thing was to be gained to the State, to go beyond the report present-
ed to their consideration, only so far as to ascertain for public infor-
mation, the actual cost of the building of the Capitol. This they
find; from the statement of the Commissioner, to be about $55,000,
exclusive of contingent expenses for furniture, &c. Every one can
determine for himself, without an opinion from your committee, whe-
ther the Fund has been prudently and judiciously expended, or whe.
their there has been a wanton waste and extravagance.
Our deliberations have been mainly directed to the matter as we
now find it, and to the course necessary to be pursued in future. The
report before us shews that the ample and munificent donations of
the General Government, for the purposes of the Fund, have been
almost entirely exhausted, leaving liabilities against it of $8640 64,
as follows, viz :
To Thomas Baltzell, former Commissioner, $281 61
" A. Patterson, hire of hands, 350 00
" New Castle Manufacturing Company, 167 15
" Balance due on contract to Robinson, 26 22
" Bill of J. W. Levinus by former Commissioner, 260 00
Balance due on R. A. Shine's contract, 1506 78
J. W. Levinus on contract, March 4, '41, 324 00
A. Scott Aug. 8, 1840, 1500 00
J. W. Levinus Sep. 1, 1843, 1673 46









59

Arrears of Commissioner's salary, 51 42

$6140 64
And an appropriation made in 1842, by act of the Le-
gislature of the Territory of Florida, in favor of
Benjamin G. Thornton, of 2500 00

Sum total, $8640 64
The means of the Fund to meet which are notes of individuals for
lots to which they hold bond for titles, when the last payment is made,
now due and payable in Union Bank paper, $1222 25
Judgments on notes, &c., 600 00

Making, $1822 25
Together with two quarter sections of land unsold, granted to the
Territory of Florida, for the use of the fund, to which may be added
the eight entire sections granted by Congress on the 3d of March,
1845, and yet to be located, for the purpose of fixing the seat of Go-
vernment. In view of this whole matter, and no intention of censu-
ring any one, the committee have come to the conclusion, that the
best interests of the State will be promoted by the immediate abol-
ishment of the office of Commissioner of the Tallahassee Fund.-
Created under a Territorial Government, for which this State can
have no further use, the sooner it is dispensed with the better. To
accomplish this object, and with the view of speedily closing the
whole affair, the committee, after mature deliberation, deem it advi-
sable to recommend that the Treasurer of this State, under the super.
visory care of the Executive, be required to take charge of this
whole matter, and settle the same as soon as practicable. To ena.
ble this to be done, we can but recommend that all the outstanding
obligations given for Lots purchased, and not heretofore sued, be
prosecuted to final judgment, and the property for which they were
given, be levied upon and re-sold; and tJat so much of the lands
granted for the purposes of this Fund, remaining unsold, as may be
necessary to liquidate every demand, be disposed of for that purpose.
To accomplish which the committee respectfully present the accom-
panying bill. All of which is respectfully submitted.
A. M. ALEXANDER, Chairman.
Which was read, and a bill to be entitled, An act relating to the
Commissioner of the Tallahassee Fund, reported by the committee,
placed among the orders of the day.
A message was received from the Senate, informing the House of
the appointment of Messrs. Kain, Mays, Mitchell, Bell and Porter a
select committee, to act with a similar committee heretofore appoint.
ed by the House, on the petition of the holders of the Territorial
Faith Bonds.
SThe Senate transmitted to the House as having passed that body,
a bill to be entitled, An act in relation to administering Oaths; which
was read the first time and ordered for a second reading on to-morrow.











ORDERS OF THE DAY.
A bill to be entitled, An act to authorize Thomas J. Walton to
practice law in this State, was read a second time;
Mr. Baldwin moved to refer said bill to the Committee on the Ju.
diciary; which was lost.
On motion of Mr. Kelly, said bill was indefinitely postponed.
Resolution relative to the fitting up of the Supreme Court Room,
and certain work to be done therein, was read the third time and
adopted.
A bill to be entitled, An act appointing the several town councils
in this State Boards of Health ex.oficio, 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 boards of Wardens for
the several ports of entry in this State ; came up, and on motion of
Mr. Kelly, was postponed till to-morrow.
A bill to be entitled, An Act to declare void the pretended charters
of the several Associations in this State claiming to be banking cor.
portions and for other purposes; was read a second time.
Mr. Barkley moved the same be referred to the Committee on
Corporations.
Mr. Tweed moved that it be indefinitely postponed :
The yeas and nays being called for on said motion by Messrs.
Baldwin and Cotten, were:
Yeas-Messrs. Barkley, Brett, Brown, Coleman, Gillett, Gillis,
Kelly, McMillan, Ross, Stafford, Taylor, Tracey and Tweed.-13.
Nays-Messrs. Alexander, Baldwin, Branch, Brantley, Cotten,
Daffin, Dell, Ellis, Fail, Fernandez, Floyd, Garrason, Goff, Long,
Oliveros, Penn, Philips, Russell, Stewart, Stone, Waring and Mr.
Speaker.-22.
Said bill was then referred to the Committee on Corporations.
The following communication was transmitted to His Excellency
the Governor:
HOUSE OF REPRESENTATIVES, Nov. 28, 1845.
His Excellency Wm. D. MOSELEY, Governor, &c.
Sir:-I herewith transmit for your Excellency's approval, a reso.
lution respecting the procurement of arms for the Militia of this
State." Very respectfully, your ob't servant.
M. D. PAPY, Clerk House Rep.
A bill to be entitled, An Act to establish rates of dockage, wharfage
and storage in the town of Jacksonville,
Came up and on motion of Mr. Baldwin the rule was waived, the
bill read the first time by its title, and ordered for a second reading
on to-morrow.
A bill to be entitled, An Act to incorporate the town of Key West,
Came up and on motion of Mr. Baldwin, the rule was waived, the
bill read the first time by its title, and ordered for a second reading
on to-morrow.









61

A bill to be entitled, An Act relating to the Commissioner of the
Tallahassee Fund,
Was read the first time and ordered for a second reading on to.
morrow.
A message was received from the Senate informing the House of
the appointment of a committee consisting of Messrs. Carter, Bell,
Priest, Broward and Goodbread, to act with the committee from the
House, upon the testimony sent to the House by His Excellency the
Governor, relative to militia services performed in Duval county, in
the year 1838.
The following message was received from His Excellency the Gov-
ernor, viz ;
EXECUTIVE OFFICE,
Capitol, Tallahassee, Nov. 28, 1845.
Gentlemen of the Senate
and House of Representatives:
I have approved a resolution this day officially communicated to
me entitled, A Resolution respecting the procurement of arms for
the Militia of this State."
I have the honor to be, very respectfully,
Your obedient servant,
W. D. MOSELEY.
On motion of Mr. Barkley the rule was waived, and he was per-
mitted to introduce,
A bill to be entitled, An Act creating Patrols in the State of Florida.
Which was read the first time, and ordered for a second reading on
to-morrow.
On motion of Mr. Penn, the House adjourned until to-morrow
morning, 10 o'clock.

SATURDAY, November 29th, 1845.
The House met pursuant to adjournment; a quorum being present,
after prayer by the Rev. Mr. Foster, the Journal of yesterday's pro-
ceedings was read and approved.
On motion of Mr. Floyd, leave of absence was granted to Mr.
Barkley until Saturday next.
On motion of Mr. Barkley, leave of absence was granted to Mr.
Alexander till Thursday next.
*Mr. Coleman 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 Susan Ann Vaughan; also,
A bill to be entitled, An act to change the name of Samuel D.
Smith.
On motion of Mr. Ellis, resolutions instructing the Senators, and
requesting the Representative in Congress from this State to vote for
the revision of the Tariff, &c., were taken from the table and placed
among the orders of the day.
On motion of Mr. Tweed, a bill, laid upon the table in July last,









62

entitled, An act to change the name of the Escambia Manufacturing
Company, and to reduce the value of the shares thereof, was taken
from the table and placed among the orders of the day.
Mr. Floyd moved that the resolution from the Senate, in relation
to the election of Judge of the Eastern Circuit, be taken from the
table and placed among the orders of the day; which was lost.
Mr. Alexander presented a petition of sundry citizens ofWakulla
County, praying that William T. Register, a minor, may have the
possession and control of his property; which, on motion of Mr.
Alexander, was referred to the Committee on the Judiciary.
Mr. Alexander offered the following preamble and resolution:
WIIEREAS, The attention of the General Assembly having been
called upon by the Executive of this State, in relation to doubts en-
tertained as to the true intent and meaning of the section of the act
entitled, An act to raise a Revenue for the State of Florida, and de-
fining the duties of the assessors and collectors thereof, approved July
24, 1845, which imposes a tax of twenty cents on every hundred dol-
lars value of Bank stock and shares in incorporated companies: to
explain the said act,
Be it resolved by the Senate and House of Representatives of the
State of Florida in. General Assembly convened, That the Comp.
troller of this State instruct the Sheriffs of the respective Counties to
proceed forthwith to assess the tax on the shares of Bank stock and
shares in incorporated companies not heretofore given in, and the
value of such stock shall be the amount which it has actually cost the
holder, and if in the hands of assignees, the value shall be the same
as is placed to it in the assignment.
On motion of Mr. Baldwin, the rule was waived, and said pream.
ble and resolution were read a second time.
Mr. Baldwin moved the rule be waived, said preamble and reso-
lution read a third time and adopted; which was lost.
Said preamble and resolution were then ordered for a third read.
ing on Monday next.
Mr. Alexander, from theCommittee on Finance and Public Ac-
counts, made the following report:
The Committee on Finance and Public Accounts, to whom was
referred the petition of Michael Ledwith, have had the same under
consideration, and ask leave to report:
That, from the multiplicity of business before the committee im.
mediately connected with their duties, they will be unable to giv? it
that attention which it requires, and would respectfully ask that the
matter may be referred to the Committee on Propositions and Griev-
ances, to which it more properly belongs, and that your committee
may be discharged from the further consideration of the subject.
Respectfully submitted,
A. M. ALEXANDER, Chairman.
Which was received and concurred in.
On motion of Mr. Goff, said petition of said Michael Ledwith, was









63

referred to the Committee on Propositions and Grievances, with
power to send for persons and papers.
ORDERS OF THE DAY.
Engrossed bill to be entitled, An Act appointing the several town
councils in this State, Boards of Health ex.officio, was read the third
time.
On the question, "shall the bill pass," the yeas and nays were:
Yeas-Messrs. Alexander, Baldwin, Barkley, Brantly, Brett, Dell,
Ellis, Fail, Fernandez, Garrason, Gillett, Gillis, Goff, Hurst, Kelly,
Long, McMillan, Myers, Oliveros, Penn, Philips, Ross, Russell, Staf-
ford, Stewart, Taylor, Tracey, Tweed and Mr. Speaker-29.
Nays-Messrs. Brown and Floyd-2.
Yeas 29, nays 2, so the bill passed ; ordered that the title be as sta-
ted, and the same be certified to the Senate.
A bill to be entitled, An Act to establish Boards of Wardens for
he several ports of entry in this State, came up on a second reading;
and on motion of Mr. Kelly, the House went into Committee of the
Whole on said bill, Mr. Barkley in the chair; after some time spent
therein, the Committee rose, and by their chairman reported the bill
back to the House with amendments; which report was concurred
in, and the bill placed among the orders of the day for Monday
next.
Resolutions instructing the Senators and requesting the Represen-
tative in Congress to vote for a revision of the Tariff, and against
the distribution of the proceeds of the sales of the public lands, for
the Constitution of Texas, and against a National Bank, wera read a
second time.
Mr. Russell offered the following as a substitute for said resolu.
tions :
Resolved, by the Senate and House of Representatives of the State
of Florida in General Assembly convened, That as the democratic par-
ty of Florida have little or no confidence in the Senators of the United
States from this State, said Senators be, and they are hereby in..
structed, not to vote upon any subject which may be brought before
them, until they learn the wishes or desire of said party on the said
subject or subjects.
Which was rejected.
Mr. Fernandez offered the following as an additional resolution:
Be it further resolved, That our Senators are hereby instructed
and our Representative in Congress is requested, to vote against and
oppose all appropriations for the support ofthe United States Military
Academy, at West Point, in the State of New York;
Which was rejected.
Mr. Fernandez moved said resolutions of instruction be indefinitely
postponed.
The yeas and nays being called for on said motion, by Messrs.
Fernandez and Myers, were:









64

Yeas-Messrs. Brett, Brown, Cotten, Fail, Fernandez, Garrason,
Gillett, Gillis, Hurst, Kelly, McMillan, Myers, Oliveros, Philips, Ross,
Russell, Stewart, Tracy, Tweed and Mr. Speaker-20.
Nays-Messrs. Alexander, Baldwin, Branch, Brantly, Coleman,
Dell, Ellis, Floyd, Goff, Penn and Stafford-11.
Yeas 20, nays 11, so the resolutions were indefinitely postponed.
A message was received from the Senate informing the House of
the adoption by the Senate, of the Resolution reported by the joint
select committee relative to the Supreme Court Room.
The Senate transmitted to the House as having been adopted by
that body, a Resolution asking of Congress appropriation for prose.
cution of criminal offences;. which was read the first time.
Mr. Russell moved the rule be waived, and the said resolution be
read a second time; which was lost;
Ordered that the same be placed among the orders of the day for
Monday next.
The following message was received from His Excellency the
Governor:
EXECUTIVE OFFICE,
Capitol, Tallahassee, Nov. 28th, 1845.
Gentlemen of the Senate and House of Representatives:
I have approved the Resolution of the General Assembly, tempo-
rarily suspending a part of the act entitled, An Act to raise a rev.
enue for the State of Florida."
I have the honor to be, very respectfully,
Your obedient servant,
W. D. MOSELEY.
Senate bill to be entitled, An Act in relation to administering
oaths; was read a second time, and ordered for a third reading on
Monday next.
A bill to be entitled, An Act creating Patrols in the State of Florida;
Came up, and on motion of Mr. Branch was laid on the table.
A bill to be entitled, An Act relating to the Commissioner of the
Tallahasse Fund; was read a second time and ordered to be en.
"grossed for a third reading on Monday next.
A bill to be entitled, An Act to incorporate the town of Key West;
Came up and on motion of Mr. Brantley, the rule was waived,
the bill read a second time by its title, and referred to the Committee
on the Judiciary.
A bill to be entitled, An Act to establish rates of dockage, whar-
fage and storage in the town of Jacksonville; was read a second
time, and on motion of Mr. Cotten was referred to a select commit.
tee, consisting of Messrs. Cotten, Fernandez and Myers.
Mr. Cotten asked to be excused from serving on said committee;
Which was refused.
A bill to be entitled, An Act to change the name of the Escambia
Manufacturing Company, and to reduce the value ofthe shares there.
of; came up and on motion of Mr. Tweed, was postponed till Mon-
day next.









85

Mr. Brown moved the House adjourn till 12 o'clock Monday
morning; which was lost.
Mr. Cotten moved to adjourn till 11 o'clock Monday morning;
which was lost.
On motion of Mr. Long, the House adjourned till 10 o'clock Mon.
day morning next.



MoNDAY, December 1st. 1845.
The House met pursuant to adjournment; a quorum being pre.
sent, after prayer by the Rev. Mr. Foster, the Journal of Saturday's
proceedings was read and approved.
Mr. Russell according to previous notice asked, and obtained leave
to introduce; a bill to be entitled, An Act to amend an act entitled,
" An Act to raise a Revenue for the State of Florida, and defining
the duties of the Assessors and Collectors thereof," approved July 24,
1845 ; which -was placed among the orders of the day.
Mr. Coleman according to previous notice asked, and obtained
leave to introduce ; a bill to be entitled, An Act to change the name
of Susan Ann Vaughn; also,
A bill to be entitled, An Act to change the name of Samuel D.
Smith; which were placed among the orders of the day.
Mr. Tweed gave notice that be would on a future day ask leave
to introduce a bill for the protection of timber logs and lumber being
afloat upon the rivers'and water courses in this State; also,
A bill to provide for the payment of Jurors serving in the several
Circuit Courts of the State, and allowing a per diem to the several
sheriffs, and, the Clerks of the Circuit Courts while in actual atten-
dance upon said Courts; also,
A bill authorising the Clerks of the several Circuit Courts of this
State, to make orders for publication in suits at common law or in
Equity, where publication is required by law.
On motion of Mr. Cotten, a bill to be entitled, An Act for the in-
corporation of Religious Societies, was taken from the table and
placed among the orders of the day.
Mr. Penn offered the following resolutions:
Be it resolved by the Senate and House of Representatives of the
State of Florida in General Assembly convened, That the Attorney
General of this State, without delay, be and he is hereby directed to
take the proper legal proceedings to enquire if any of the charters
or acts of the Territorial Legislature of Florida, incorporating any
Bank or Banks, have been violated at any time by the President or
Directors of any of the said Banks, or by the Stockholders of any
such Bank, acting in their general meeting; and the said Attorney
General, if he cannot in person attend to all of ihe legal proceedings
directed by these resolutions, then the several District Attorneys in
9









66

this State shall prosecute the same, within their several districts, un-
der the instructions of the Attorney General.
Be it further resolved, That it shall be, and is hereby made, the
duty of the Attorney General and the several District Attorneys in
their several districts, where the Court of said district or districts
shall, by their judgment, decide in favor of the validity of any Bank
charter in this State, the attorney for that district shall pray an appeal,
which shall be granted without giving security, in the case appealed,
and a record, full and complete, shall be made out by the Clerk of
the Circuit Court in which the case is decided, and by him trans-
mitted to the Clerk of the Supreme Court, and by him entered on his
docket: the case to be tried at the next term of the Appelate Court,
provided the party appelee has had ten days previous notice that the
said record has been filed with the Clerk of the Supreme Court.
Which were read the first time, and ordered for a second reading
on to-morrow.
Mr. Coleman, from the Committee on the Judiciary, made the fol.
lowing report:
The Judiciary Committee to whom was referred the petitions of
the Towns of Tallahassee, Apalachicola and Pensacola, have had
the same under consideration, and have instructed me to report a
bill to be entitled, An Act to repeal so much of the 32nd and 33rd
sections of the Revenue Act, approved July 24th, 1845, as restricts
the several counties and corporate Towns of this State, to the assess-
ment of fifty per cent, upon the State tax.
J. COLEMAN, Chairman.
Which was received; and "a bill to be entitled, An Act to repeal
so much of the 32d and 33d sections of the Revenue Act, approved
July 24, 1845, as restricts the several counties and corporate towns
of this State, to the assessment of fifty per cent. upon the State tax,"
reported by the Committee, was read the first time, and ordered for a
second reading on to-morrow.
ORDERS OF THE DAY.
Engrossed bill to be entitled, An Act relating to the Commmis.
sioner of the Tallahassee Fund, was read a third time.
On the question, shall the bill pass ?" the yeas and nays were :
Yeas-Messrs. Baldwin, Brantley, Brett, Brown, Daffin, Dell,
Ellis, Fail, Fernandez, Garrason, Gillett, Gillis, Goff, Hurst, Kelly,
Long, McMillan, Myers, Oliyeros, Philips, Ross, Russell, Stafford,,
Stone, Tracy and Mr. Speaker-26.
Nays-Messrs. Coleman, Floyd, Stewart and Tweed-4.
Yeas 26, nays 4; so the bill passed. Title as stated. Ordered,
that the same be certified to the Senate.
Senate resolution, asking of Congress an appropriation for the
prosecution of criminal offences, was read a second time ; and on mo-
tion of Mr. Baldwin, was referred to the Committee on Finance and
Public Accounts.









67

Senate bill to be entitled, An Act in relation to administering oaths,
was read a third time.
On the question, shall the bill pass ?" the yeas and nays were:
Yeas-Messrs. Baldwin, Brantley, Brett, Brown, Coleman, Daffin,
Dell, Ellis, Fail, Fernandez, Floyd, Garrason, Gillett, Gillis, Goff,
Hurst, Kelly, Long, McMillan, Myers, Oliveros, Penn, Philips, Ross,
Russell, Stafford, Stewart, Stone, Tracy and Mr. Speaker-30.
Nays-Mr. Tweed-1.
Yeas 30, nays 1; so the bill passed without amendment. Title
as stated. Ordered, that the same be certified to the Senate.
Preamble and resolution explanatory of so much of the Revenue
Act, approved July 24th, 1845, as relates to Bank stock and shares,
in incorporated companies, was read a third time.
Mr. Ross moved the same be indefinitely postponed.
The yeas and nays being called for on said motion, by Messrs.
Baldwin and Fernandez, were:
Yeas-Messrs. Brett, Brown, Coleman, Gotten, Gillett, Gillis,
Kelly, McMillan, Myers, Ross, Russell, Stafford, Stewart, Tracey,
Tweed and Mr. Speaker-16.
Nays-Messrs. Baldwin, Brantley, Daffin, Dell, Ellis, Fail, Fer-
nandez, Floyd, Garrason, Long, Penn, Philips and Stone-13.
Yeas 16, nays 13; so the same were indefinitely postponed.
A bill to be entitled, An Act to establish Boards of Wardens for
the several ports of entry in this State, came up, and on motion of Mr.
Fernandez, was laid on the table.
A bill to be entitled, An act to change the name of the Escambia
Manufacturing Company, and reduce the value of the shares thereof,
came up, and on motion of Mr. Tweed, was laid on the table.
A bill to be entitled, An act to amend an act entitled an act to raise
a Revenue for the State of Florida, and defining the duties of the
assessors and collectors thereof, approved July 24, 1845, was read
the first time, and on th'e question "shall the bill be read a second
time on to-morrow ?" the yeas and nays being called for by Messrs.
Russell and Oliveros, were:
Yeas-Messrs. Baldwin, Brantley, Brett, Brown, Coleman, Cot-
ten, Daffin, Ellis, Fernandez, Gillett, Hurst, Kelly, McMillan, Olive-
ros, Penn, Philips, Ross, Russell, Stafford, Stewart, Tracey, Tweed
and Mr. Speaker-23.
Nays-Messrs. Dell, Floyd, Garrason, Gillis, Goff and Stone-6.
Yeas 23, Nays 6, so the bill was ordered to be read a second time.
Mr. Kelly moved the rule be waived, and said bill be now read a
second time by its title; which was lost.
A bill to be entitled, An act to change the name of Samuel D.
Smith, 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 Susan Ann
Vaughn, was read the first time and ordered for a second reading on
to-morrow.
A bill to be entitled, An act for the incorporation of Religious So.









68

cities, came up, and on motion of Mr. Cotten, the House went into
committee of the whole, Mr. Baldwin in the Chair; after some time
spent therein, the committee rose, and by their Chairman, reported
progress, and asked leave to sit again.
Which was concured in.
Mr. Tweed moved that fifty copies of said bill be printed; which
was lost.
On motion of Mr. Ross, the House adjourned till 10 o'clock to-
morrow morning.



TUESDAY, December 2d, 1845.

The House met pursuant to adjournment; a quorum being present,
after prayer by the Rev. Mr. Foster, the Journal of yesterday's pro-
ceedings was read and approved.
Mr. Fail gave notice that he would on some future day, ask leave
to introduce a bill in relation to the county records of Orange county,
and for other purposes.
Mr. Tweed, according to previous notice, asked and obtained leave
to introduce a bill to be entitled, An Act to provide for the payment
of Jurors, and to provide for the allowance of a per diem to the
Sheriffs and Clerks of the Circuit Courts, and Supreme Court of this
State. Also, a bill to be entitled, An Act for the protection of logs
and lumber upon the rivers and water courses of this State; which
were placed among the orders of the day.
Mr. Baldwin presented a petition of sundry citizens of Monroe
county, praying the passage of a resolution calling on the proper
authorities to impose a duty on the importation of foreign Turtle, into
any of the ports of the United States; which was read, and on
motion of Mr. Baldwin, was referred to the Committee on Federal
Relations.
Mr. Baldwin offered the following preamble and resolution :
WHEREAS, Several years have elapsed since the abandonment of
the light house atKey Biscayne, Cape Florida; and whereas, the
whole line of coast in which Cape Florida is comprehended, has al.
ways'been considered as dangerous to the navigation of vessels bound
to and from any point in the Gulf of Mexico ; and whereas, the estab.
lishment of the light at Cape Florida is necessary, not only to the
convenience of masters of vessels, but also to the safety of navigation,
of life and of property, which have been so often demonstrated by
the frequent occurrences of wrecks along said coast-therefore,
Be it resolved by the Senate and House of Representatives of the
State of Florida in General Assembly convened, That our Senators
be instructed and our Representative in Congress be requested to
urge the necessity of the re.establishment of the light at Cape Florida,
and to use their best efforts to procure the same.









69

Which was read the first time, and ordered for a second reading
on to-morrow.
Mr. Baldwin also offered the following preamble andresolution:
WHEREAS, The Peninsula of Florida is becoming populated, and
the establishment of post-routes and post-offices would be a greater
inducement to emigrants to settle in that section of the State, there-
by extending the demand for public land, which would greatly in-
crease the present amount ofsales: And whereas,the citizens ofDade
County are entirely without mail facilities, and are completely isola-
ted for the want thereof: And whereas, no communications are recei-
ved by any of the settlers, except through the post.office at Key West,
which is distant one hundred and eighty miles from the county seat,
and often not till after a lapse of two months from the date of such
communications: And whereas, the commercial, agricultural and
other business of the inhabitants, is greatly injured in consequence of
the want of such mail facilities, and tends to retard the prosperity of
the citizens: And whereas, it would add but little to the cost incur-
red by the Government in having the mail carried to and from Key
West, as the mail packet passes within sight of the county site, and
could enter it with but little additional expense ; and it being in the o-
pinion of the General Assembly the duty of the General Government
to establish post offices for the convenience of the inhabitants in dif-
ferent portions of the State-therefore,
Be it resolved by the Senate and House of Representatives of the
State of Florida in General Assembly convened, That the Senators
from this State in the Congress of the United States be instructed,
and the Representative requested to procure, if possible, the establish-
ment of a Post Office at Miami, in Dade County, and that a copy of
this preamble and resolution be transmitted, by his Excellency the
Governor, to the Senators and Representative in Congress.
Which was read the first time, and ordered for a second reading
on to-morrow.
ORDERS OF THE DAY.
Resolutions in relation to the institution of proceedings to enquire
if any of the charters or acts of the Territorial Legislature of Flori-
da, in corporating any Bank or Banks have been violated; came up
on a second reading.
Mr. Baldwin moved to lay the same on the table;
The yeas and nays being called for on said motion by Messrs. Penn
and Myers, were :
Yeas-Messrs. Allison, Baldwin, Brantley, Brett, Cotten, Daffin,
Garrason, Hurst, Kelly, McMillan, Ross, Taylor, Tracey and Mr.
Speaker- 14.
Nays-Messrs. Branch, Brown, Coleman, Dell, Ellis, Fail, Fer-
nandez, Gillett, Gillis, Goff, Myers, Oliveros, Penn, Philips, Russell,
Stafford, Stewart and Tweed-18.
SYeas 14, nays 18, so the motion was lost.









70

On motion of Mr. Russell, the House then went into committee of
the whole on said Resolutions, Mr. Myers in the chair; after some
time spent therein the committee rose, and b) their chairman repoe .
ed the resolutions back to the House with amendments, and asked to
be discharged from the further consideration thereof:
Which was concured in, and the resolutions placed among the or.
ders of the day for to-morrow.
A bill to be entitled, An Act to amend an act entitled, An Act to
raise a revenue for the State of Florida, and defining the duties of
the Assessors and Collectors thereof," approved July 24, 1845.
Was read a second time, and on motion of Mr. Baldwin, was re.
ferred to the Committee on Finance and Public Accounts.
A bill to be entitled, An Act to change the name of Susan Ann
Vaughn ; was read a second time.
On motion of Mr. Kelly the rule was waived, and said bill read a
third time.
On the question, shall the bill pass," the yeas and nays were:
Yeas-Messrs. Allison, Baldwin, Branch, Brantley, Brett, Brown,
Coleman, Gotten, Daffin, Dell, Ellis, Fail, Fernandez, Garrason,
Gillett, Gillis, Hurst, Kelly, McMillan, Myers, Oliveros, Penn, Phil.
ips, Ross, Stafford, Stewart, Tracey, Tweed and Mr. Speaker-29.
Nays-Messrs. Russell, Stone and Taylor-3.
Yeas 29, nays 3, so the bill passed; title as stated:
Ordered that the same be certified to the Senate.
A bill to be entitled, An Act to change the name of Samuel D.
Smith; was read a second time :
On motion of Mr. Coleman the rule was waived, and the said
bill read a third time.
On the question, shall the bill pass," the yeas and nays were:
Yeas-Messrs, Allison, Baldwin, Branch, Brantley, Brett, Brown,
Coleman, Cotton, Daffin, Ellis, Fail, Fernandez, Garrason, Gillett,.
Hurst, Kelly, McMillan, Myers, Oliveros, Penn, Philips, Ross, Staf-
ford, Tracey, Tweed and Mr. Speaker-26.
Nays-Messrs. Dell, Gillis, Goff, Russell, Stewart, Stone and
Taylor-7.
Yeas 26, nays 7, so the bill passed; title as stated: ordered that
the same be certified to the Senate.
A bill to be entitled, An Act to repeal so much of the 32nd and
33rd sections of the revenue act approved July 24th, 1845, as restricts
the several counties and corporate Towns of this State, to the assess-
ment of fifty per cent upon the State tax.
Came up on a second reading, and on motion of Mr. Allison, the
House went into committee of the whole on said bill, Mr. Taylor in
the chair; after some time spent therein the committee rose, and by
their chairman reported progress, and asked leave to sit again,
Which was concured in.
Resolutions from the Senate transmitted this day, in relation to the
resolution of the General Assembly, approved 28th November, 1845,
amending an act to raise a revenue for the State of Florida, &c., and









71

excepting the Tax collectors in the counties of Middle Florida, from
the operation thereof; was read the first time.
On motion of Mr. Goffthe rule was waived, and said resolutions
read a second time.
On motion of Mr. Russell, the blank occurring in the fifth line was
filled up by inserting 28th."
On motion of Mr. Long said resolutions were laid on the table.
Resolution from the Senate, transmitted this day, relative to the
election of Judges for the Eastern and Southern Circuits on Saturday,
next, at 12 o'clock, M., was read the first time;
Mr. Taylor moved the rule be waived, said resolution read the se-
cond and third times and adopted;
The yeas and nays being called for on said motion by Messrs. Bald.
win and Brantley, were:
Yeas-Messrs. Brett, Coleman, Dell, Ellis, Fail, Gillis, Goff, Hurst,
Long, McMillan, Philips, Ross, Stone, Taylor and Tracey-15.
Nays-Messrs. Allison, Baldwin, Brantley, Brown, Cotten, Daffin,
Fernandez, Garrason, Gillett, Kelly, Myers, Oliveros, Penn, Russell
and Stafford-15.
Yeas 15, Nays 15, so the motion was lost, two-thirds not voting for
the motion.
The said resolution was then ordered for a second reading on to.
morrow.
Senate bill, transmitted to the House this day, to be entitled, An
act prescribing the form of a Digest or Manuel of the Laws of this
State, was read the first time and ordered for a second reading on to-
morrow.
Senate bill, transmitted to the House this day, to be entitled, An
act to amend an act entitled an act to organise the Circuit Courts of
the State of Florida, was read the first time and ordered for a second
reading on to-morrow.
A resolution from the Senate, transmitted to the House this day,
providing for a sword to be presented to Col. W. S. Harney, was
read the first time, and on motion of Mr. Fernandez, was laid on the
table.
Preamble and resolutions from the Senate, transmitted to the House
this day, in relation to the Everglades of Florida, was read the first
time and ordered for a second reading on tomorrow.
A bill to be entitled, An act to authorise the sale of the Equity of
Redemption to mortgaged property, and for other purposes, came up,
and on motion of Mr. Baldwin, the House went into committee ofthe
whole, Mr. Russell in the Chair, on said bill. After some time spent
therein, the committee rose, and by their Chairman, reported pro-
gress, and asked leave to sit again; which was concurred in.
A bill to be entitled, An act for the incorporation of Religious So.
cities, came up, and on motion of Mr. Cotten, the House again went
into committee of the whole, Mr. Baldwin in the Chair, on said bill.
After some time spent therein, the committee rose, and by their Chair.
man, reported as a substitute therefore a bill to be entitled, An act for









"72

the incorporation of all such Churches and Religious Societies as
may accept thereof; which report was concurred in, and said bill
placed among the orders of the day for to-morrow.
A bill to be entitled, An Act to provide for the payment of Jurors,
and to provide for the allowance of a per diem to the Sheriffs and
Clerks of the Circuit Courts and Supreme Court of this State, was read
the first time, and ordered for a second reading on to-morrow.
A bill to be entitled, An Act for the protection of logs and lumber
upon the rivers and water courses of this State, was read the first time,
and ordered for a second reading on to-morrow.
On motion of Mr. Baldwin, the House adjourned till 10 o'clock
to-morrow morning.



WEDNESDAY, December 3d, 1845.

The House met pursuant to adjournment; a quorum being pre-
sent, after prayer by the Rev. Mr. Foster, the Journal of yesterday's
proceedings was read and approved.
On motion of Mr. Goff, so much of the Governor's Message as re-
lates to Indian affairs, was referred to the Committee on Federal
Relations.
Mr. Garrason gave notice that he would on some future day, ask
leave to introduce a bill to be entitled, An Act to prohibit the danger-
ous practice of wood burning, only in certain cases and with. certain
provisions.
Mr. Coleman offered the following, resolution:
Resolved, That this House, the Senate concurring, adjourn sine
die, on Tuesday the 16th instant.
Which was read the first time, and ordered for a second reading
on to-morrow.
Mr. Fernandez, from the committee on Internal Improvements,
reported to the House, a bill to be entitled, An Act concerning roads
and highways; which was placed among the orders of the day.
Mr. Brantly, from the Select Committee, to whom was referred a
petition of sundry citizens of the Southern Circuit, in relation to the
alternating system, made the following report :
The select committee to whom the petition of sundry citizens of
the Southern Circuit of Florida, was referred, praying the abolition of
the alternating system so far as relates to said Circuit, having had
the same under their consideration, beg leave to
REPORT:
That whereas, the delay and uncertainty which will arise in the
administration of the laws, in consequence of the great want of fa-
cilities for transportation at stated periods in that part of the State,
will often amount to a total denial of justice to parties interested in









73

the Courts of said Circuit; and whereas, the labor and fatigue impo.
sed on the Judicial officers of this State, by compelling them to in-
clude the Southern Circuit in the present or alternating system, is
such that sufficient time is not given to them for reading and reflec-
tion; and whereas, the growing importance of the Southern section
of this State, demands stability in the Judiciary department of its
government. The committee have therefore instructed me to report
a bill to be entitled, An act to amend an act to organize the Circuit
Courts of the State of Florida, approved 22d July, 1845.
R. F. BRANTLY, Chairman.
Which was received, and the bill reported placed among the orders
of the day.
The following letter was laid before the House by the Speaker:
TREASURY DEPARTMENT,
Treasurer's Office, 3d December, 1845.
Honorable I. FERGUSON, Jr.,
SSpeaker of the House of Representatives :
SIR:-I have received in the Treasury, the sum oftwelve hundred
and sixty-four dollars and thirteen cents, applicable to the payment
of the debts of the State. There is a diversity of opinion in regard
to the payment of the warrants first issued by the Comptroller, and
the certificates issued by myself. The holders of the certificates
claim that they are entitled to the priority of payment over the war-
rants first issued by the Comptroller. Under these circumstances, I
have thought it advisable to submit the matter to the General As-
sembly, for their determination. I think the most equitable manner
to apply this money, would be to pay a pro rata dividend to all the
.creditors of the State, whose claims are of the same nature and date.
However, your honorable body are the judges in the matter.
Respectfully, your obedient servant,
.BENJAMIN BYRD, State Treasurer.
On motion of Mr. Allison, said letter was referred to the Commit-
tee on Finance and Public Accounts.
ORDERS OF THE DAY.
Resolutions in relation to the institution of proceedings to enquire
if any of the charters or acts of Territorial Legislature of Florida,
incorporating any Bank or Banks have been violated:
Came up and on motion of Mr. Allison, was laid on the table.
The following letters were transmitted to the House by Iis Ex.
cellency the Governor:
CO313IISSIONER'S OFFICE,
Tallahassee, 28th November, 1845.
His Excellency W. D. MOSELEY, Governor of Florida,
Sir: In the report I had the honor to communicate to your Excel.
lency on the 17th inst., two claims against the Fund, amounting to.
gether to $417 26, were not included in the account of outstanding
liabilities, viz:
10









74

Of R. A. Shine, for $300, for paving basement rooms under con-
tract with former Commissioner.
Of Betton & Fisher, for $117 26, the amount of their bill for ma.
trials furnished and advances made for work on Capitol grounds, by
order of the Commissioner, under instructions of the Governor in
1839.
These claims were overlooked in report of the 17th inst., in con-
sequence of the claim of Mr. Shine not having been entered on the
Book of Accounts; the contract, however, of Mr. Shine is filed in
the office. The other bill has only recently been presented to me.
I should also observe that the amount due on contract of J. W.
Levinus, dated 1st September, 1843, should bear interest from 15th
November, 1844, as the act of the Legislative Council under which
it was made, authorized the Commissioner to borrow money to pay
it, if there should be no other means available.
I have the honor to be, very respectfully,
Your obedient servant,
(Signed) C. G. ENGLISH, Commissioner.

TALLAIIASSEE, 29th November, 1845.
His Excellency W. D. MOSELEY, Governor of Florida,
Sir: Agreeably to the intimation given at a personal interview
some days since, I have the honor to tender my resignation of the
office of Commissioner. Very respectfully,
Your obedient servant,
(Signed) C. G. ENGLISH.

Which on motion of Mr. Baldwin, were referred to the Commit-
tee on Finance and Public Accounts.
Preamble and resolution relative to the establishment of a Post
Office at Miama in Dade County, was read a second time.
Mr. Russell moved the rule be waived, said Preamble and reso.
lution read a third time and adopted; which was lost.
Said Preamble and Resolution were then ordered to be engrossed
for a third reading on to-morrow.
Preamble and Resolution relative to the establishment of a Light
House at Key Biscayne Cape Florida : was read a second time.
Mr. Allison moved the rule be waived, said Preamble and Reso-
lution read a third time and adopted : which was lost.
Said preamble and resolution were then ordered to be engrossed
for a third reading on to-morrow.
Senate resolution in relation to the election of Circuit Judges for
the Eastern and Southern Circuits of this State, on Saturday next:
Was read a second time.
Mr. Baldwin moved to strike out the words, and Southern," af-
ter the word Eastern," in the fourth line of said resolution.
Mr. Brantly offered-the following as a substitute for said amend.
ment, viz:









75

Strike out the word next," after the word "Saturday," and in.
sert 13th;" which was rejected.
The question then being upon the amendment offered by Mr.
Baldwin, and the yeas and nays being called for on the same by
Messrs. Long and Baldwin were :
Yeas-Messrs. Allison, Baldwin, Brantly, Cotten, Fernandez,
Garrason, Gillett, Kelly, Myers, Russell, Stafford and Tweed-
12.
Nays-Messrs. Branch, Brett, Brown, Coleman, Daffin, Dell,
Ellis, Fail, Floyd, Gillis, Goff, Hurst, Long, McMillan, Oliveros,
Penn, Philips, Ross, Stewart, Stone, Taylor, Tracy and Waring-23.
Yeas 12, nays 23, so the amendment was rejected.
Said resolution was then ordered for a third reading on to-morrow.
Senate bill to be entitled, An Act prescribing the form of a Digest
or Manual of the Laws of this State: was read a second time.
Mr. Allison moved the following as an amendment to the fourth
section of said bill, viz:
Strike out the words, the Governor shall appoint," in the first
and second lines of said section, and insert "the General Assembly
shall elect," in lieu thereof; which amendment was rejected.
Senate bill to be entitled, An Act to amend an act entitled, An Act
to organize the Circuit Courts of the State of Florida; was read a
second time and ordered for a third reading on to-morrow.
Preamble and Resolution from the Senate in relation to the Ev-
erglades of Florida ; was read a second time.
Mr. Tweed moved to strike out the word, instructed," wherever
it occurs in the resolution, and insert the word requested ;" which
was lost.
Said Preamble and Resolution was then ordered for a third read-
ing on to-morrow.
A bill to be entitled, An Act to provide for the payment of Jurors
and to provide for the allowance of a per diem to the Sheriffs and
Clerks of the Circuit Courts and Supreme Court of this State,
Was read a second time, and on motion of Mr. Allison, was refer-
red to the Committee on the Judicary.
A bill to be entitled, An Act for the protection of Logs and Lum-
ber upon the rivers and water courses of this State; was read a se-
cond time and ordered to be engrossed for a third reading on to-mor-
row.
A bill to be entitled, An Act for the incorporation of all such
Churches and Religious Societies as may accept thereof; was read
a second time.
Mr. Cotten moved to fill up the blank occurring in the fourth sec-
tion with the word "ten ;" which motion prevailed.
Said bill was then ordered to be engrossed for a third reading on
to-morrow.
Mr. Floyd moved that the rule be waived, to permit him as Chair.
man of the Select Committee, to whom was referred the bill of Samuel
S. Sibley printer to the House, to make a report; which was lost.











A bill to be entitled, An act to authorise the sale of the Equity of
Redemption to mortgaged property, and for other purposes, came up,
and on motion of Mr. Coleman, the House again went into commit-
eAe of the whole on said bill, Mr. Russell in the Chair. After some
time spent therein, the committee rose, and by their Chairman, re-
ported the bill back to the House with amendments, and asked to be
discharged from the further consideration thereof; which was con-
curred in.
The following message was received from His Excellency the
Governor
EXECUTIVE OFFICE,
Capitol, Tallahassee, December 2, 1845.
Gentlemen of the Senate
and House of Representatives:
I have approved a resolution in relation to the Supreme Court
Room.
I have the honor to be, very respectfully,
Your obedient servant,
W. D. MOSELEY.
On motion of Mr. Russell, the House took a recess till 3 o'clock,
this evening.
3 O'CLOCK, P. M.
The House met, and the roll being called, the Speaker announced
that a quorum was present.
A bill to be entitled, An act to amend an act to organise the Cir.
cuit Courts of the State of Florida, approved 22d July, 1845, was
read the first time.
Mr. Baldwin moved said bill be made the special order of the day
for to-morrow ; which was lost.
Mr. Kelly moved the rule be waived, and said bill be read a second
time ; which was lost.
The bill was then ordered for a second reading on to-morrow.
A bill to be entitled, An act concerning Roads and Highways;
On motion of Mr. Fernandez the rule was waived, said bill read
a first time by its title and ordered for a second reading on to-morrow.
Senate bill transmitted to the House this day to be entitled, An
Act respecting the property of, and debts due to corporations that
have been dissolved, and of debts owing by them ; was read the first
time and ordered for a second reading on to-morrow.
Senate bill transmitted to the House this day to be entitled, An
Act respecting corporations, was read the first time and ordered for a
second reading on to-morrow.
Senate bill transmitted to the House this day to be entitled, An
Act in relation to Garnishees and Garnishee process, and to repeal
all former acts in relation to Garnishment; was read the first time
and ordered for a second reading on to-morrow.
Mr. Coleman moved the House adjourn till to-morrow morning,
10 o'clock ; which was lost.









77

Mr. Floyd moved that the rule be waived, to permit him to make
a report.
Mr. Kelly, pending said motion, moved the House adjourn till to.
morrow morning, 10 o'clock.
The yeas and nays being called for on said motion, by Messrs.
Floyd and Long, were :
Yeas-Messrs. Allison, Alexander, Baldwin, Branch, Brantly,
Brown, Coleman, Garrason, Gillett, Gillis, Goff, Hurst, Kelly, Mc.
Millan, Penn, Ross, Stewart, Tracey, Tweed, Waring and Mr.
Speaker-21.
Nays-Messrs. Cotten, Dell, Ellis, Fail, Fernandez, Floyd, Long,
Oliveros, Philips, Russell, Stafford, Stone and Taylor-13,
Yeas 21, nays 13 ; so the motion prevailed, and the House adjourn-
ed till 10 o'clock, to-morrow morning.

THURSDAY, December 4th, 1845.
The House met pursuant to adjournment; a quorum being present,
after prayer by the Rev. Mr. Foster, the Journal of yesterday's pro.
ceedings was read and approved.
Mr. Baldwin moved that a Joint Select Committee be appointed
to examine the Comptroller's and Treasurer's offices ; also, the
office of the Secretary of State; which prevailed, and Messrs. Bald.
win, Myers, Kelly, Ross and Alexander, were appointed said Com-
mittee on the part of the House.
Mr. Fail gave notice that he would on some future day, ask leave
to introduce a bill to be entitled, An Act transferring the county of
St. Lucie from the Southern Circuit to the Eastern Circuit, and
consolidating the counties of Orange and St. Lucie for judicial pur-
poses, establishing terms of the Circuit Court for said counties, and
for other purposes.
Mr. Taylor gave notice that he would on some future day, ask
leave to introduce a bill to be entitled, An Act to organize the office
of County Surveyor, in the several counties of this State.
Also, a bill to provide for the election of Coroners.
On motion of Mr. Fernandez, the bill to be entitled, An Act to
establish Boards of Wardens for the several ports of entry in this
State, was taken from the table and placed among the orders ofthe day.
Mr. Cotten gave notice that he would on some future day, intro.
duce a bill relative to trading with negroes.
Mr. Kelly gave notice that he would ask leave on some future day,
to introduce a bill to be entitled, An Act to amend an act to organize
the Probate Courts of the State of Florida.
Mr. Cotten presented a petition of sundry citizens of Tallahassee,
praying that the tax on private Ten Pin Alleys may be removed;
which was received, and no motion of Mr. Gotten, was referred to
the Committee on Finance and Public Accounts.









78

Mr. Alexander, from the Committee on Finance and Public Ac,
counts, made the following report:
The Committee on Finance and Public Accounts, to whom was
referred the communication of the Treasurer, asking instructions in
relation to the payment of demands against the State, have had the
same under consideration, and ask leave to
REPORT:
That they conceive it would be presumptions on their part to ven.
ture a suggestion upon the matter under consideration, with the vote
of the House a few days since, staring them in the face, upon a pro-
position of a similar nature, viz : instructing the Assessors in relation
to the mode of assessing the taxes on bank stock and other corpora.
tions. It having been determined that this House had no right to
pass explanatory resolutions, but that it was the province of the legal
adviser of the State to settle and determine all such matters, we can
but refer the Treasurer to the Attorney General, for his opinion upon
the question involved, and ask to be discharged from the further con-
sideration ofthe subject.
Respectfully submitted,
A. M. -ALEXANDER, Chairman.
Which was concured in.
Mr. Fernandez from a select committee made the following report:
The select'committee to. whom was referred a bill to be entitled,
An Act to establish rates of dockage, wharfage and storage in the
Town of Jacksonville, have had the same under consideration, and
offer the following REPORT:
That after fully investigating the subject, they find from the locality
of the several Sea Ports in this State, that it is impossible to do justice
to the several owners and pass a general bill regulating the rates of
wharfage, &c. Therefore, the committee have instructed me to re.
port the bill back to this House without amendment, and ask to be
discharged from the further consideration thereof.
S. D. FERNANDEZ, Chairman.
F. R. COTTEN, Dissenting.
Which was received.
ORDERS OF THE DAY.
A bill to be entitled, An Act concuring Roads and Highways;
Came up on a second reading and on motion of Mr. Coleman, the
House went into committee of the whole on said bill, Mr. Baldwin in
the Chair; after some time spent therein the committee rose and by
their chairman, reported the bill back to the House with amendments,
and asked to be discharged from the further consideration thereof,
which was concured in, and the bill placed among the orders of the
day for to-morrow.
Engrossed preamble and resolution relative to the establishment
of a Light House at Key Biscayne, Cape Florida, was read a third
time and adopted.









79

Ordered that the same be certified to the Senate.
Engrossed preamble and resolution relative to the establishment of
a Post Office at Miama in Dade county, was read a third time and
adopted ; ordered that the same be certified to the Senate.
Engrossed bill to be entitled, An Act for the protection of logs and
lumber upon the rivers and water courses of this State, was read a
third time.
On the question, shall the bill pass," the yeas and nays were :
Yeas-Messrs. Allison, Alexander, Baldwin,Branch, Brett, Brown,
Cotten, Daffin, Dell,Ellis,Fernandez, Garrason, Gillett, Gillis, Kelly,
Long, McMillan, Oliveros, Philips, Ross, Russell, Stafford, Tracey,
Tweed and Mr. Speaker-25.
Nays-Messrs. Coleman, Fail, Floyd, Stone and Taylor-5.
Yeas 25, nays 5, so the bill passed ; title be as stated, ordered that
the same be certified to the Senate.
Engrossed bill to be entitled, An Act for the incorporation of all
such Churches and Religious Societies as may accept thereof, was
read a third time.
On the question, "shall the bill pass," the yeas and nays were:
Yeas-Messrs. Alexander, Baldwin, Branch, Brett, Cotten, Dell,
Ellis, Fernandez, Floyd, Garrason, Gillett, Gillis, Goff, Long, Mc-
Millan, Penn, Philips, Ross, Stafford, Taylor, Tracey, Tweed, War.
ing and Mr. Speaker-24.
Nays-Messrs. Allison, Brown, Coleman, Daffin, Oliveros, Russell
and Stone-7.
Yeas 24, nays 7, so the bill passed, titled as stated. Ordered that
the same be certified to the Senate.
The following message was received from His Excellency the
Governor, viz:
EXECUTIVE OFFICE,
Capitol, Tallahassee, Dec. 3, 1845.
Gentlemen of the Senate and House of Representatives:
I have approved An Act entitled, An act in relation to adminis-
tering oaths."
I have the honor to be, very respectfully,
Your obedient servant,
W. D. MOSELEY.
Also the following:
EXECUTIVE OFFICE,
Capitol, Tallahassee, December 3, 1845.
Gentlemen of the Senate and House of Representatives :
I have the honor herewith to transmit a copy of a communication,
received by the mail of yesterday, from the Honorable Secretary of
State of the United States, accompanied with copies of a correspon-
dence in relation to the Fisheries on the coast of Florida; which
documents have been kindly forwarded to this department in compli-
ance with a request made in my communication of the 10th of Sep.
member last. It will be seen, by reference to my communication of
that date to the Honorable Secretary of State, that the exclusive right









80

to those Fisheries was therein distinctly asserted, and claimed on be-
half of the people of this State.
The correspondence, [copies of which are herewith enclosed] it
is believed, places this question beyond all reasonable doubt, not only
as to our right to the exclusive use of them, but that the right thus
asserted has ever been acknowledged and respected by the authori-
ties of other governments.
I have the honor to be, very respectfully,
Your obedient servant,
W. D. MOSELEY.
Which was read, and on motion of Mr. Kelly, laid on the table,
together with the accompanying documents.
A message was received from the Senate, informing the House
that the Senate had instructed the Committee on Public Accounts to
act with the committee of the House, in the examination of the Comp.
troller's and Treasurer's office, and also the office of the Secretary
of State.
The Senate transmitted to the. House, a bill, -originating in the
House, to be entitled, An act to change the name of Samuel D.
Smith, as having passed that body without amendment; also,
A bill, originating in the House, to be entitled, An act to change
the name of Susan Ann Vaughn, passed by the Senate without
amendment.
The following message was received from the Senate, viz :
SENATE CHAMBER, December 4, 1845.
Hon. Speaker House of Representatives:
The Senate has passed the House bill to be entitled, An act to
give effect to the provisions of the Constitution of this State respect.
ing corporations and associations claiming to exercise corporate pri-
vileges within this State, with the following amendments, to which
they ask the concurrence of the House:
Strike out the first, second, third, fourth, fifth, sixth, seventh, nirith,
tenth, eleventh, twelfth, thirteenth and fourteenth sections of the bill,
and insert, after the enacting clause, the following:
SECTION 1. That it shall not be lawful for any banking associa.
tion in this State claiming rights, privileges and franchises under and
by virtue of acts of the Governor and Legislative Council of the
"Territory of Florida, to emit, issue, pay out or put into circulation as
money, in any way whatsoever, any bill, post note, note, check or other
paper of said banking association.
Strike out the whole of the second line in the eighth section of the
bill.
In the first line of the eighth section, strike off the letter "s" from
the word "acts ;" change the" into this," and strike out the word
"or," so as to make it read, That wilful and fraudulent violations of
the provisions of this act, are hereby declared," &c.
Your obedient servant,
THO'S. F. KING, Sec'y. Senate.











Which was, on motion of Mr. Baldwin, together with the bill
therein mentioned, laid on the table.
A bill to be entitled, An Act to amend an act to organize the Cir.
cuit Courts of the State of Florida, approved 22d July, 1845, was read
a second time, and ordered to be engrossed for a third reading on
to-morrow.
Senate bill, to be entitled, An Act prescribing the form ofa Digest,
or manual of the laws of this State, was read a third time.
On the question, shall the bill pass ?" the yeas and nays were:
Yeas-Messrs. Allison, Baldwin, Branch, Brown, Coleman, Cot.
ten, Daffin, Dell, Ellis, Fail, Floyd, Garrason, Gillett, Gillis, Goff,
Kelly, Long, McMillan, Myers, Penn, Ross, Stafford, Taylor, Tracey,
Tweed and Waring-26.
Nays-Messrs. Alexander, Brett, Fernandez, Oliveros, Philips,
Russell, Stone and Mr. Speaker-8.
Yeas 26, nays 8; so the bill passed without amendment. Title
as stated. Ordered, that the same be certified to the Senate.
On motion of Mr. Fernandez, the House took a recess till 3 o'clock,
P. M.
3 O'CLOCK, P. 3.
The House met, and the roll being called, the Speaker announ-
ced that a quorum was present.
Senate bill to be entitled, An act to amend an act entitled, "An
act to organize the Circuit Courts of the State of Florida," was read
a third time;
On the question, "shall tbe bill pass ?" the yeas and nays were:
Yeas-Messrs. Allison, Alexander, Branch, Brett, Brown, Cole.
-man, Dell, Ellis, Fail, Fernandez, Floyd, Garrison, Gillett, Goff,
Long, McMillan, Myers, Oliveros, Penn, Philips, Russell, Stafford,
Stewart, Stone, Taylor, Tracey, Waring and Mr. Speaker-28.
Nays-Messrs. Baldwin, Gillis and Ross-3.
Yeas 28, nays 3; so the bill passed without amendment. Title
as stated. Ordered that the same be certified to the Senate.
Preamble and resolution from the Senate in relation to the Ev.
erglades of Florida, were read a third time ;
On the adoption of said preamble and resolution, the yeas and
nays were called for by Messrs. Floyd and Stone, and were:
Yeas-Messrs. Baldwin, Brett, Brown, Coleman, Dell, Fernan-
dez, Garrason, Gillett, Gillis, Kelly, Long, McMillan, Myers, Oli-
veros, Philips, Russell, Stafford, Stewart, Stone, Tracey, Tweed and
Mr. Speaker-22.
Nays-Messrs. Allison, Alexander, Daffin, Ellis, Fail, Floyd, Ross,
Taylor and Waring-9.
Yeas 22, nays 9 ; so the same were adopted without amendment.
Ordered that the same be certified to the Senate.
Senate bill to be entitled, An Act respecting corporations, was
read a second time.
11








82

Mr. Russell moved said bill be referred to the Committee on the
Judiciary, which was lost.
On motion of Mr. Russell said bill was referred to the Committee
on Corporations.
Senate bill to be entitled, An Act respecting the property of, and
debts due to corporations that have been dissolved and of debts ow.
ing by them, was read a second time and on motion of Mr. Allison,
was referred to the Committee on Corporations.
Mr. Floyd asked leave to spread a protest on the Journals:
The Speaker decided it out of order.
Mr. Floyd appealed from the decision of the Chair, and on the
question, "shall the decision of the chair be sustained," the yeas and
nays were called for by Messrs. Floyd and Cotten, and were:
Yeas-Messrs. Allison, Alexander, Branch, Brown, Coleman,
Daffin, Dell, Fernandez, Garrason, Gillett, Gillis, McMillan, Penn,
Philips, Ross, Stafford, Stewart, Tracey, Tweed and Waring-20.
Nays-Messrs. Baldwin, Gotten, Fail, Floyd, Oliveros, Russell
and Stone-7.
Yeas 20, nays 7, so the decision of the Chair was sustained.
Resolution from the Senate relative to the election of Judges of
the Eastern and Southern Circuit on Saturday next, was read a third
time.
On the adoption of said resolution the yeas and nays were called
for bygMessrs. Baldwin and Long, and were:
Yeas-Messrs. Branch, Brett, Coleman, Daffin, Dell, Ellis, Fail,
Fernandez, Floyd, Gillis, Goff, Long, McMillan, Penn, Philips, Ross,
Stewart, Stone, Taylor, Tracey and Waring-21.
Nays-Messrs. Allison, Alexander, Baldwin, Brown, Cotten, Gar-
rason, Gillett, Kelly, Oliveros, Russell, Stafford and Tweed-12.
Yeas 21, Nays 12, so the same was adopted without amendment.
Ordered that the same be certified to the Senate.
Mr. Long moved to waive the rule, in order that he might make a
motion; which was lost.
A bill to be entitled, An act to authorise the sale of the Equity of
Redemption to mortgaged property, and for other purposes, was read
a second time ;
Mr. Allison offered the following as an additional section to said
bill, viz:
SEC. 4. Be itfurther enacted, That nothing herein contained shall
be so construed as to apply in any manner whatever to any bona fide
mortgage or other lien now in existence.
On the adoption of said section, the yeas and nays were called for
by Messrs. Allison and Coleman, and were:
Yeas-Messrs. Allison, Brett, Brown, Gillett, Gillis, Kelly, Mc-
Millan, Tracey and Tweed-9.
Nays-Messrs. Alexander, Branch, Coleman, Daffin, Dell, Ellis,
Fail, Fernandez, Garrason, Goff, Long, Oliveros, Penn, Philips, Ross,
Russell, Stewart, Stone, Taylor, Waring and Mr. Speaker-21.
Yeas 9, Nays 21, so the same was lost.










83

Mr. Branch moved to strike out the word "State," in the
last line of the third section of said bill, and insert the words, "judi.
cialdistrict in which the property dislocated "
Mr. Coleman moved a division of the question, which being car.
tried, the question was, shall the word "State" be stricken out ? which
was decided in the negative.
Mr. Allison moved to strike out the word "State," in said last line
of said section, for the purpose of inserting in lieu thereof the words,
" county in which said mortgaged property may be located ;" which
being entertained by the Chair, Mr. Baldwin appealed therefrom to
the House.
On the question then, shall the decision of Chair be sustained ?"
the yeas and nays were called for by Messrs. Allison and Baldwin,
and were:
Yeas-Messrs. Allison, Alexander, Baldwin, Branch, Brett,
Brown, Gotten, Daffin, Garrason, Gillett, Gillis, Kelly, McMillan,
Oliveros, Philips, Ross, Stafford, Stewart, Taylor, Tracy, Tweed and
Waring-22.
Nays-Messrs. Coleman, Dell, Ellis, Fail, Fernandez, Goff; Long
and Penn-8.
Yeas 22, nays 8; so the decision of the Chair was sustained.
The question then was upon the motion made by Mr. Allison, and
was decided in the negative.
Said bill was then ordered to be engrossed for a third reading on
to-morrow.
On motion of Mr. Allison, the House adjourned till 10 o'clock,
to-morrow morning.

FRIDAY, December 5th, 1845.

The House met pursuant to adjournment; a quorum being present
after prayer by the Rev. Mr. Foster, the Journal of yesterday's
proceedings was read.
Mr. Ross according to previous notice asked and obtained leave
to introduce a bill to be entitled, An Act for the more effectual pre-
servation of peace and order, and for the speedy trial of certain mis.
demeanors therein mentioned, which was placed among the orders
of the day.
On motion of Mr. Fernandez, Mr. Floyd was excused from serv-
ing any longer on the Committee on Printing, and the balance of
the committee were requested to report as soon as practicable.
Mr. Kelly from the Committee on Enrolled bills made the following
report:
The Committee on Enrolled bills have examined the following
bills, An Act to change the name of Susan Ann Vaughn," "An
Act to change the name of Samuel D. Smith," and have instructed
me to report the same as correctly enrolled.
WM. W. J. KELLY, Chairman.









84

Mr. Coleman from the Committee on the Judiciary made the fol-
lowing report:
The Judiciary Committee, to whom was referred the bill to be en-
titled, An act to provide for the payment of Jurors, &c., have had
the same under consideration, and report the bill back with the fol.
lowing amendment: Strike out the second section of said bill.
All of which is respectfully submitted.
JOHN COLEMAN, Chairman.
Which was received, and the bill reported placed among the or-
ders of the day.
Also the following:
The Judiciary Committee to whom was referred the petition of
sundry citizens of Florida, praying that an act may be passed author-
izing William T. Register, a minor, to receive from his Guardian
the estate which he is entitled to when he becomes of age, have had
the same under consideration, and
REPORT:
That, however much the committee may be disposed to grant the
prayer of the petitioners in this particular case, yet they deem it a duty
which they owe to the well established principles and customs of
law, to avoid precedents which may have a tendency to infringe, in
any way hereafter, the rights of individuals, and to open the door for
numberless applications for legislation upon a subject which is now
fully provided for by law. They therefore suggest that the prayer of
the petitioners should not be granted.
J. COLEMAN, Chairman.
Which was received, and placed among the orders.
Also the following:
The Judiciary Committee to whom was referred the bill to be en-
titled, An act to incorporate the town of Key West, have had the
same under consideration, and
REPORT:
That, in the opinion of the committee, the House is precluded from
any action upon said bill at this session, the applicants not having
complied with the requisitions contained in the second section of the
13th article of the Constitution of this State. The committee, there.
fore, report the bill back to the House, and ask to be discharged from
the further consideration thereof. J. COLEMAN, Chairman.
Which was received and placed among the orders.
ORDERS OF THE DAY.
A bill to be entitled, An Act to establish boards of wardens for the
several ports of entry in this State, was read a second time.
Mr. Baldwin moved to strike out all after the word enacted,"
in the first line of the 5th section, and insert,
That the said board of wardens respectively shall be allowed for each
and every survey on board of any ship or vessel, or at any store in
their respective ports, or along the docks or wharves thereof, on dam-










85

aged goods, they shall severally be allowed for each and every survey
the sum of five dollars, and certificate two dollars; attending a sur-
vey out of the city, in addition to the regular fees, a conveyance fur-
nished and three dollars per day ; every branch for pilot ten dollars;
Provided, the said wardens shall in no case be allowed to charge fees
unless specially called on.
Which motion was lost.
Mr. Alexander moved to strike out all after the word "dollars,"
in the 19th line, down to the word and," after the word specifi-
ed," in the 23d line; which was lost.
Said bill was then ordered to be engrossed for a third reading on
to-morrow.
Senate bill to be entitled, An Act in relation to garnishees and
garnishee process, and to repeal all former acts in relation to gar.
nishment, was read a second time; and on motion of Mr. Long,
was referred to the Committee on the Judiciary.
A bill to be entitled, An Act to establish rates of dockage, wharf-
age and storage, in the town of Jacksonville, was, on motion of Mr.
Coleman, read a second time by its title, and ordered to be engrossed
for a third reading on to-morrow.
Resolution to adjourn sine die on Tuesday, the 16th instant, was
read a second time.
Mr. Tweed offered the following as a substitute therefore:
That so much of the common law of South Carolina, as makes it
the duty and privilege of members of the Legislature, to return to
their homes at Christmas, be adopted by this body."
Which was rejected.
A bill to be entitled, An Act to repeal so much of the 32d and 33d
sections of the revenue act, approved July 24th, 1845, as restricts the
several counties and corporate towns of this State, to the assessment
of fifty per cent. upon the State tax, came up, and on motion of Mr.
Kelly, the House again went into Committee of the Whole on said
bill, Mr. Taylor in the Chair; and after some time spent therein,
rose, reported the bill back to the House without amendment, and
asked to be discharged from the further consideration thereof; which
was concurred in.
The following communication was transmitted to his Excellency
the Governor:
HousE or REPRESENTATIVES, ?
December 5th, 1845.
His Excellency W. D. MOSELEY,
Governor of Florida:
SR :-I herewith transmit for your Excellency's approval, an act
to change the name of Samuel D. Smith ; also,
An act to change the name of Susan Ann Vaughn.
Very respectfully, your obedient servant,
M. D. PAPY, Clerk Ho. Rep.
On motion of Mr. Russell, the House took a recess till 3 o'clock,
P. M.









86

3 O'CLOCK, P. M.
The House met, and the roll being called, the Speaker announced
that a quorum was present.
Engrossed bill to be entitled, An Act to authorize the sale of the
equity of redemption to mortgaged property and for other purposes,
Was read a third time.
On the question, shall the bill pass," the yeas and nays were:
Yeas-Messrs. Baldwin, Brantly, Coleman, Dell, Ellis, Fail, Fer-
nandez, Floyd, Garrason, Goff, Hurst, Long, Oliveros, Penn, Philips,
Ross, Russell, Stone, Taylor and Waring-20.
Nays-Messrs. Allison, Brett, Gillett, Gillis, Kelly, McMillan,
Myers, Stafford, Tracey, Tweed and Mr. Speaker-11.
Yeas 20, Nays 11, so the bill passed. Title as stated. Ordered
that the same be certified to the Senate.
Mr. Branch moved the rule be waived that he may be permitted
to record his vote on the passage of said bill; which being carried,
Mr. Branch voted in the affirmative.
Engrossed bill to be entitled, An act to amend an act to organize
the Circuit Courts of the State of Florida, was read a third time.
On the question, shall the bill pass ?" the yeas and nays were :
Yeas-Messrs. Alexander, Baldwin, Brantly, Cotten, Fernandez,
Gillett, Kelly, Myers, Ross and Mr. Speaker-10.
Nays-Messrs. Allison, Branch, Brett, Brown, Coleman, Daffin,
Dell, Ellis, Fail, Floyd, Garrason, Gillis, Goff, Hurst, Long, McMil.
lan, Oliveros, Penn, Philips, Russell, Stafford, Stewart, Stone, Tay-
lor, Tracey, Tweed and Waring-27.
Yeas 10, nays 27; so the bill was lost.
A bill to be entitled, An act concerning Roads and Highways, was
read a second time.
Mr. Ellis moved to strike out the word sixteen" in the second
line of the ninth section, and insert eighteen" in lieu thereof, and
also to strike out the word fifteen" in the fifth line of said section
of said bill, and insert sixteen" in lieu thereof; which prevailed.
Mr. Ross moved to strike out the word third" in the fifth line of
the thirteenth section of said bill, and insert sixth" in lieu thereof;
which was lost.
Mr. Long moved the following be added to the fourth section of
said bill, viz:
And said private or neighborhood road shall be made of such
width as the commissioners may direct."
Which prevailed.
Said bill was then ordered to be engrossed for a third reading on
to-morrow.
A bill to be entitled, An Act for the more effectual preservation of
peace and order, and for the speedy trial of certain misdemeanors
therein mentioned, was read a first time, and ordered for a second
reading on to-morrow.
The report of the Judiciary Committee, in relation to the petition
of sundry citizens of Wakulla county, praying that William T. Re.









87

gister, a minor, may have possession and control of his property, came
up and was concurred in.
The report of the Judiciary Committee in relation to the bill to be
entitled, An act to incorporate the town of Key West, came up, and
was concurred in.
On motion of Mr. Floyd, the House adjourned till to-morrow mor-
ning, 10 o'clock.

SATURDAY, December 6th, 1845.

The House met pursuant to adjournment; a quorum being present,
after prayer by the Rev. Mr. Foster, the Journal of yesterday's pro-
ceedings was read and approved.
The following message was received from his Excellency the Gov-
ernor:
EXECUTIVE OFFICE, ?
Capitol, Tallahassee, December 6, 1845.
Gentlemen of the Senate, and House of Representatives:
I respectfully recommend the following persons as Judges of Pro.
bate for the counties respectively, in which they reside, to wit:
For the county of Naussau, James T. O'Neill.
For the county of Hillsborough, Simon Turman.
For the county of Gadsden, Jas. M. Gilchrist.
For the county of Monroe, Benjamin Sawyer.
For the county of Calhoun, Raphael J. Moses.
For the county of Hamilton, Wm. E. M. Cousins.
I have the honor to be, very respectfully,
Your obedient servant,
W. D. MOSELEY.
Which nominations were severally advised and consented to.
The following message was received from his Excellency the Gov-
ernor:
EXECUTIVE OFFICE,
Capitol, Tallahassee, Dec. 5, 1845.
Gentlemen of the Senate and House of Representatives:
I have approved the following acts, to wit:
An act to change the name of Susan Ann Vaughn;
An act to change the name of Samuel D. Smith.
I have the honor to be, your obedient servant,
W. D. MOSELEY.
Mr. Long gave notice that he would, on some future day, ask leave.
to introduce a bill to be entitled, An act to prevent slaves from car-
rying fire-arms or other weapons, and to prevent slaves, free negroes,
and mulattoes from hunting with fire arms on the Sabbath day.
Mr. Fail, according to previous notice, asked and obtained leave
to introduce a bill to be entitled, An act transferring the County of St.
Lucie from the Southern Circuit to the Eastern Circuit, and consol-
idating the Counties of Orange and St. Lucie for Judicial purposes,.
establishing terms of the Circuit Court for said counties, and for other









88

purposes; which was placed among the orders of the day.
Mr. Dell, according to previous notice, asked and obtained leave
to introduce a bill to be entitled, An act directing the Treasurer and
Tax Collector of Alachua County to refund taxes, &c.; which was
placed among the orders of the day.
Mr. Brown presented a petition of sundry citizens of Tallahassee,
objecting to the amendment of so much of the Revenue act as re-
trict cities and towns from levying more than fifty per cent. of the
State tax, so far as relates to the city of Tallahassee ; which, on mo-
tion of Mr. Kelly, was laid on the table.
Mr. Fernandez presented a petition of Obadiah Congar of Duval
County, praying the return of certain taxes paid by him to the Sheriff
of said County; which, on motion of Mr. Fernandez, was referred
to the Committee on Finance and Public Accounts.
Mr. Baldwin presented a letter of William R. Hackley in relation
to the Key West Guards; which, on motion of Mr. Baldwin, was
laid on the table.
Mr. Coleman, from the Committee on the Judiciary, made the fol-
lowing report:
The Judiciary Committee, to whom was referred the bill to be
entitled, An Act in relation to garnishees and garnishee process, have
had the same under consideration, and
REPORT:
That, upon a careful examination of the bill, they cannot find that
it differs materially from the present law upon that subject, except,
perhaps, that it contains some new features, upon which they forbear
to express an opinion, and therefore report the bill back to the House,
and ask to be discharged from the further consideration thereof.
JOHN COLEMAN, Chairman.
Which was received, and the bill reported, placed among the or.
ders of the day.
Mr. Alexander, from a select committee, made the following re-
port:
The undersigned, one of the Select Committee, to whom was re.
ferred the printing account of Samuel S. Sibley, for printing done for
the House of Representatives, at its last summer session, has given
the same that attention which it seemed to require, and have to report :
That the account is charged in accordance with the contract made
with Mr. Sibley, and should therefore be audited by the Comptroller
of Public Accounts, whenever presented. All of which is respectful-
ly submitted.
A. M. ALEXANDER.
Mr. Russell, from the same committee, made the following report:
The undersigned, one of the Committee to whom was referred
the account of Samuel S. Sibley, printer to the House, for work done
at the last June session of the General Assembly, concur in saying,
thlit the bill of Mr. Sibley is correct, according to the contract made
with him by a Committee of the House, at said session, and should









89

be audited; but would also take this opportunity of saying, that he
believes said contract was entirely too high, as he believes the printing
of the House could be executed at a much lower rate. The price
now paid Mr. Sibley by the House is $2 per page for printing the
Journals of the House in pamphlet form, and one and a half cents per
hundred words for all miscellaneous printing.
The undersigned would respectfully suggest to the House, the pro.
priety of doing away with the practice of having each member fir-
nished daily with printed slips of the Journals ofthe House, as there-
by a saving would be made to the State of some twenty dollars per
day. All of which is respectfully submitted.
THOSE. T. RUSSELL.
Mr. Long moved both of said reports be laid on the table;
The yeas and nays being called for on said motion by Messrs.
Floyd and Allison, were:
Yeas-Messrs. Brown, Fernandez, Gillett, Gillis, Long and Ross
-6.
Nays-Messrs. Allison, Alexander, Baldwin, Branch, Brantly,
Brett, Coleman, Daffin, Dell, Ellis, Fail, Floyd, Garrason, Goff, Hurst,
Kelly, McMillan, Myers, Oliveros, Penn, Russell, Stafford, Stewart,
Stone, Taylor, Tracey, Tweed and Mr. Speaker-28.
Yeas 6, Nays 28, so the motion was lost.
Mr. Branch moved that the reports be referred back to the com-
mittee, with instructions to report a resolution embodying the sub-
stance of said reports;
Mr. Floyd called for the previous question;
The question then was, "shall the main question be put," and was
decided in the affirmative.
The motion then of Mr. Branch to refer back to said committee,
was carried in the affirmative.
Senate bill transmitted to the House this day to be entitled, An
Act for the protection of the fisheries on the coast of Florida, was on
motion of Mr. Russell, read the first time by its title, (the rule being
waived,) and ordered for a second reading on Monday next.
The following message was received from the Senate:
SENATE CHAMBER, December 5, 1845.
Hon. Speaker of the Iouse of Representatives:
The Senate has passed the House bill to be entitled, An Act re-
lating to the Commissioner of the Tallahassee Fund, with the follow.
ing amendments, to which they ask the concurrence of the House :
Strike out all of the third section, after the words "public auction,"
and insert the words for cash," in their place.
After the word "sell," in the 6th line of the fourth section, in.
sert the words "for cash."
Insert the following as the sixth section of the bill:
SEc. 6. Be it further enacted, That one dollar and twenty-five
cents per acre, shall be the minimum, price of said lands, unless the
Governor, with a full knowledge of the facts, shall decide that the
12









90

iiiterests of the State would be consulted by changing said minimum.
Your obedient servant,
THOS. F. KING, Secretary of the Senate.
Mr. Baldwin moved to concur in the said amendments made by
the Senate.
Mr. Allison moved to lay said bill, and message on the table.
Mr. Baldwin called for the previous question; upon the question
then "shall the main question be put," the yeas and nays were called
for by Messrs. Alexander and Baldwin, and were :
Yeas-Messrs. Alexander, Baldwin, Brown, Coleman, Cotten,
Ellis, Fernandez, Gillett, Hurst, Oliveros, Ross, Russell, Stafford,
Stewart and Waring-15.
Nays-Messrs. Allison, Brantley, Brett, Daffin, Dell, Fail, Floyd,
Garrason, Gillis, Kelly, Long, McMillan, Myers, Penn, Philips,
Stone, Taylor and Tracey-18.
Yeas 15, nays 18, so the question was carried in the negative.
The question then was on Mr. Allison's motion to lay said bill
and message on the table, and the yeas and nays being called for by
Messrs. Baldwin and Allison, were :
Yeas-Messrs. Allison, Brantley, Brett, Dell, Fail, Floyd, Garra.
son, Gillis, Goff, Long, Myers, Philips, Stafford and Taylor,-14.
Nays-Messrs. Alexander, Baldwin, Branch, Brown, Coleman,
Cotten, Daffin, Ellis, Gillett, Kelly, McMillan, Oliveros, Penn, Ross,
Russell, Stewart, Stone and Waring-18.
Yeas 14, nays 18, so the motion was lost.
Mr. Floyd moved that the bill and message aforesaid be indefinite-
ly'postponed.
The Speaker decided said motion out of order.
A committee from the Senate informed the House, that the Senate
was now ready to proceed concurrently with the House, in the elec-
tion of Judges of the Eastern and Southern Circuits.
'On motion of Mr. Allison, the message from the Senate relative
to the bill to be entitled, An Act relating to the Commissioner of
the Tallahassee Fund and said bill, were postponed till after the elec-
tion of Judges.
Mr. Kelly moved that a committee be appointed to inform the
Senate that the House was now ready to proceed to the election of
Judges, &c., which was carried, and Messrs. Kelly, Tweed and
Baldwin were appointed said Committee, who retired and after a
short absence returned, and reported that they had performed the
duty assigned them.
A committee from the Senate informed the House that the Senate
was now ready to go into the election of Judge for the Eastern Cir-
cuit, and that Thomas Dodglas, was placed in nomination in the
Senate.
The Speaker announced that it was now in order to make nomin-
ations, and that 21 was necessary to a choice in the House, and 9 in
the Senate; whereupon Mr. Dell nominated Thomas Douglas.
And Mr. Russell nominated Gregory Yale.









91

The same committee were requested to inform the Senate of the
same.
The following is the result of the first voting:
For Thos. Douglas-Messrs. Allison, Alexander, Baldwin, Branch, Brantly,
Coleman, Gotten, Daffin, Dell, Ellis, Fernandez, Floyd. Garrason, Goff, H'rst,
Long, Myers, Penn, Philips, Ross, Stafford, Stewart, Stone, Tayor and War-
ing-25.
For Gregory Yale-Messrs. Brett, Brown, Fail, Gillett, Gillis, Kelly, Mc-
Millan, Oliveros, Russell, Tracey and Tweed--1.
Of which the same committee were requested to informthe Senate.
A committee from the Senate informed the House that the first vot.
ing in the Senate resulted as follows:
For Thomas Douglass 14, for Gregory Yale none, Thomas Dou-
glas receiving a constitutional majority in both Houses was declared
duly elected Judge of the Eastern Circuit.
The same committee, viz: Messrs. Kelly, Tweed and Baldwin,
were requested to inform the Senate that the House was now ready
to proceed to the election of Judge of the Southern Circuit, and that,
Mr. Brantly nominated Isaac Ferguson.
Mr. Brown nominated Leslie A. Thompson.
Mr. Fail nominated William A. Forward.
Mr. Ross nominated Joseph B. Lancaster.
Of which said committee were requested to inform the Senate.
A committee from the Senate informed the House, that the Senate
was ready to proceed to the election of Judge of the Southern Cir.
cuit, and that William A. Forward and Leslie A. Thompson, were
placed in nomination in the Senate.
The following is the result of the first voting:
For Isaac Ferguson-Messrs. Allison, Alexander, Baldwin, Brantly, Daffin,
Fernandez, Floyd, Garrison, Myers, Philips, Stafford, Stewart, Stone, Taylor
and Waring-15.
For William A. Forward-Messrs. Branch, Dell, Ellis, Failand Goff-5.
For Leslie A. Thompson-Messrs. Brown, Coleman, Gillett, Gillis, Kelly,
McMillan, Oliveros, Penn, Russell, Tracy and Tweed-11.
For Joseph B. Lancaster-Mr. Brett-1.
Blank-Messrs. Gotten, Hurst, Long and Ross-4.
Senate committee informed the House of the result of the first
voting as follows:
For Forward 6, for Thompson 4, for Ferguson 3, Blank 1.
Mr. Ross withdrew the name of Joseph B. Lancaster.
There being no election, the House proceeded to a second voting,
which resulted as follows:
For Ferguson-Messrs. Allison, Alexander, Baldwin, Brantly, Daffin, Fer-
nandez, Floyd, Garrason, Myers, Philips, Stafford, Stewart, Stone, Taylor and
Waring-15.
For Forward-Messrs. Branch, Dell, Ellis, Fail and Goff-5.
For Thompson-Messrs. Brett, Brown, Coleman, Gillett, Gillis, Kelly, MIc-
Millan, Oliveros, Penn, Russell, Tracey and Tweed-12.
Blank-Messrs. Gotten, Hurst, Long and Ross-4.
Senate committee informed the House of the result of the second
voting in the Senate as follows:
For Ferguson 2, for Forward 7, for Thompson 5.










92

There being no election the House proceeded to a third voting
which resulted as follows:
For Ferguson-Messrs. Allison, Alexander, Baldwin, Brantly, Daffin, Fer-
nandez, Floyd, Garrason, Kelly, Myers, Philips, Stafford, Stewart, Stone, Tay-
lor and Waring-16.
For Forward-Messrs. Branch, Dell, Ellis, Fail and Goff-5.
For Thompson-Messrs. Brett, Brown, Coleman, Gillett, Gillis, McMillan,
Oliveros, Penn, Ross, Russell, Tracey and Tweed-12.
Blank-Messrs. Gotten, Hurst and Long-3.
Senate committee informed the House of the result of the third
voting in the Senate as follows:
For Ferguson 1, for For ward 10, for Thompson 3.
There being no election the House proceeded to a fourth voting,
which resulted as follows:
For Ferguson-Messrs. Allison, Alexander, Baldwin, Brantly, Daffin, Fer-
nandez, Garrason, Gillett, Hurst, Myers, Philips, Stafford, Stewart, Stone and
Waring-15.
For Forward-Messrs. Branch, Dell, Ellis, Fail and Goff-5.
For Thompson-Messrs. Brett, Brown, Coleman, Gillis, Kelly, McMillan,
Oliveros, Penn, Ross, Russell, Taylor, Tracey and Tweed-13.
Blank-Messrs. Cotten, Floyd and Long-3.
Senate committee informed the House of the result of the fourth
voting in the Senate as follows:
For Ferguson 1, for Forward 8, for Thompson 4, Blank 1.
There being no election the House proceeded to fifth voting, which
resulted as follows:
For Ferguson-Messrs. Allison, Alexander, Baldwin, Brantly, Daffin, Fer-
nandez, Gillett, Hurst, Myers, Philips, Stafford, Stewart, Stone and Waring-14.
For Forward-Messrs. Branch, Dell, Ellis, Fail, Garrason and Goff-6.
For Thompson-Messrs. Brett, Brown, Coleman, Gillis, Kelly, McMillan,
Oliveros, Penn, Ross, Russell, Taylor, Tracey and Tweed-13.
Blank-Messrs Cotten and Long-2.
Senate committee informed the House of the result of the fifth vot-
ing in the Senate as follows :
For Ferguson 1, for Forward 9, for Thompson 3, Blank 1.
So there was no election.
The Senate committee also informed the House that the Senate
had postponed the election till Tuesday next, and asked the concur-
rence of the House.
Mr. Brown moved to concur with the Senate in the postponement
of the election; which was lost.
The House committee were requested to inform the Senate of the
same.
Mr. Kelly nominated Benjamin A. Putnam, and the committee
was instructed to inform the Senate of the same.
The House then proceed to a sixth voting which resulted as fol-
lows:
For Ferguson-Messrs. Allison, Alexander, Baldwin. Branch, Brantly, Daffin,
Fernandez, Floyd, Garrason, Gillett, Hurst, Myers, Philips, Stafford, Stewart,
Stone and Waring-17.
For Forward-Messrs Dell, Ellis, Fail and Goff-4
For Thompson-Messrs. Brown, Coleman, Penn, Taylor and Tweed-5.










93

For Putnam-Messrs. Brett, Gillis, Kelly, Long, McMillan, Olivers, Ross,
Russell and Tracey-9.
Blank-Mr. Cotten-1.
Senate committee informed the House that the Senate had ad
journed till Monday morning 10 o'clock.
Mr. Fernandez moved to postpone the election of Judge till Mon-
day next, inconsequence of the adjournment of the Senate, which
prevailed.
On motion of Mr. Floyd the House adjourned till Monday morn-
ing 10 o'clock.


MONDAY, December 8th, 1845.

The House met pursuant to adjournment; a quorum being pre.
sent, a prayer was offered to the throne of grace by the Rev. Mr.
Foster.
On motion of Mr. Branch, the reading of the Journal of Satur-
day's proceedings was dispensed with.
Mr. Brantly gave notice that he would, on some future day, ask
leave to introduce a bill to be entitled, An act to establish the rates of
Pilotage for the port of Key West, County of Monroe.
Mr. Long gave notice that he .would ask, on a future day, to intro-
duce a bill amendatory of the several acts now in force in reference
to Jurors, and the manner in which they shall be drawn and sum-
moned.
Mr. Russell gave notice that he will, on some future day, ask leave
to introduce a bill to be entitled, An act to raise a fund by taxation
on bachelors for the education of poor children.
Mr. Brett presented a petition of sundry citizens of Jackson county,
praying that a portion of said county be added to the county of Wal-
ton; which, on motion of Mr. Kelly, was referred to a select com-
mittee consisting of Messrs. Kelly, Brett and Gillis.
Mr. Garrason offered the following preamble and resolution:
WHEREAS, Many of the good citizens of this State have located
on public lands in accordance with the provisions of the act of Con-
gress of 4th August, 1842, generally known as the Armed Occupation
Bill; and whereas, said settlers have up to the present time fully
complied with all the requisitions of said act; and whereas, also the
granting of said land to said settlers would greatly enhance the value
of the other public lands in that fertile and interesting portion of our
State, as well as to create a considerable source of revenue for the
State, inasmuch as the same would then be subject to taxation; there.
fore,
Be it Resolved, That our Senators in Congress be instructed, and
our Representative requested, to endeavor to obtain the passage of a
law modifying the terms of settlement on public land under the said
act of Congress, so as to allow therefore patents or grants to be issued









94

immediately to all such settlers as have complied with the terms of
settlement of said law up to the present time.
Which were read the first time and ordered for a second reading
on to-morrow.
Mr. Alexander, from the Committee on Finance and Public Ac.
counts, made the following report:
The Committee on Finance and Public Accounts, to whom was
referred the petition of W. F. Lloyd and others, in relation to tax on
Nine Pin Alleys, have had the same under consideration, and ask
leave to report:
That they do not believe it to be within the province of this Leg.
.islature to take action upon the subject matter ofsaid petition. Boards
of County Commissioners for the several counties have been estab-
lished with full powers upon the subject. To them the petitioners
should apply for remedy.
All of which is respectfully submitted.
A. M. ALEXANDER, Chairman.
Which was read and concurred in.
Also the following:
The Committee on Finance and Public Accounts, to whom was
referred the petition of Obadiah Congar, of Jacksonville, upon the
subject of being over taxed, have had the same under consideration,
and ask leave to report:
That they have given the petition the consideration which it mer-
ited, and have come to the conclusion that the 80th section of the act
to raise a Revenue for the State of Florida, provides a remedy for all
such grievances, and ask to be discharged from all further consider-
ation of the subject.
Respectfully submitted.
A. M. ALEXANDER, Chairman.
Which was read and concurred in.
Mr. Goff, from the Committee on Elections, reported a bill to be
entitled, An act entitled Chapter on Elections; which, on motion of
Mr. Kelly, was read the first time by its title (the rule being waived)
and sixty copies ordered to be printed.
Mr. Ross, from a select committee, made the following report:
The joint select committee, to whom was referred the testimony
relative to the militia duty performed by Captains Price, Suarez and
Bush, in Duval County, in the year 1838, have had the same under
consideration, and ask leave to REPORT:
That it appears from the testimony of a respectable portion of the
citizens of that part of the country, that in the years 1837 and 1838,
the Counties of Duval and Nassau required protection from their ex-
posed situation, but were left without United States troops for defence.
The Indians were committing depredations on the settlements with.
out check, and massacre and plunder were of frequent occurrence;
that, in this emergency, the companies of mounted militia, command.
ded by Captains Price, Suarez and Bush, were called into service in
Duval County in the year 1838, under the order of Col. John War.









95

ren, under the authority of an act of the Legislative Council of Flo.
rida, passed in the year 1833, and that said companies performed
efficient and necessary service in the protection of the frontier in the
year'1838. The committee are of opinion that those companies are
entitled to pay from the United States Government; therefore the
committee, in conclusion, submit the following resolutions, recom-
mend their adoption, and ask to be discharged from the subject.
WM. B. ROSS,
Chairman committee on part of the Ho. Rep.
Be it resolved by the Senate and House of Representatives of the
State of Florida in General Assembly convened, That the Executive
of this State request and urge the payment of the companies of Cap-
tains Price, Suarez and Bush, by the General Government, for ser-
vices rendered in the year 1838.
Be it further Resolved, That our Senators and Representative in
Congress be requested to use all proper exertions to procure the ne-
cessary appropriation by Congress for that purpose.
Which was read, and the resolutions reported, read the first time,
and ordered for a second reading on to-morrow.
Senate bill to be entitled, An act for the relief of the poor and des.
titute, and to guard against the accumulation of pauperism, trans.
emitted to the House on Saturday last, was read the first time, and on
motion of Mr. Fernandez, laid on the table.
Senate bill to be entitled, An act to regulate the issuing of mar-
riage licenses and the solemnization of the matrimonial contract,
transmitted to the House on Saturday last, was read the first time and
ordered for a second reading on to-morrow.
ORDERS OF THE DAY.
Engrossed bill to be entitled, An act to establish Boards of War-
dens for the several ports of entry in this State, was read a third time.
"On the question, shall the bill pass ?" the yeas and nays were:
Yeas-Messrs. Allison, Alexander, Branch, Brett, Brown, Cole.
mnan, Dell, Ellis, Fail, Fernandez, Garrason, Gillett, Gillis, Goff,
Kelly, McMillan, Myers, Oliveros, Penn, Philips, Ross, Stafford,
Stewart, Stone, Taylor, Tracey, Tweed, Waring and Mr. Speaker
-29.
Nays-Messrs. Baldwin, Brantly, Neal and Russel-4.
Yeas 29, nays 4, so the bill passed, title as stated.
Ordered that the same be certified to the Senate.
Mr. Kelly moved, that a committee be appointed to inform the
Senate that the House is now ready to proceed in the election of
Judge for the Southern Circuit;
Which prevailed and Messrs. Kelly, Branch and Ross, were ap-
pointed said committee; who retired and after a short absence re-
turned and reported that they had performed the duty assigned them.
On motion of Mr. Allison, the rule was waived, and he permitted
to make the following report ;









96

The select committee to whom was referred the petition of Messrs.
L. Rawls, Seaborn Rawls, Robert Larkins and Mitchell Womack,
asking to be relieved from the payment of certain executions obtain-
ed against them in Gadsden county Superior Court, in favor of-the
State of Florida,

REPORT:

That from an examination of the papers submitted to the commit-
tee, it appears that said petitioners severally entered into recognizance
in the sum of $125,00, with one Benj. A. Neal, at the May Term,
1843, of Gadsden county Superior Court, for the appearance of said
Neal, at the next Term of said Court, to answer to an Indictment
pending therein against him for removing out of the then Territory
of Florida, negro property said to be mortgaged to the Southern
Life Insurance and Trust Company Bank; that the matter stood thus
until after the death of said Neal, when said Court at the May Term,
1845, thereof proceeded to extreat said recognizances and enter
judgment against the petitioners for the amounts in which they res-
pectively stood recognized ; upon which judgments executions have
been issued, and from the payment of which, petitioners asks to be
relieved.
Therefore, in as much as it appears to have been impossible for
said petitioners, to have procured the attendance of said Neal, upon
said Court in consequence of his decease, which being an act of
God, according to the long settled policy of all well regulated Gov-
ernments, worketh no man evil," the committee are of opinion that
the prayer of said petitioners ought to be granted, and recommend
the passage of the following bill, viz: A bill to be entitled, An Act for
the relief of Seaborn Rawls, Laban Rawls, Robert Larkins and
Mitchell Womack.
A. K. ALLISON, Chairman.
J. COLEMAN, Dissenting.
Which was read and the bill reported, read the first time and or-
dered for a second reading on to-morrow.
A committee from the Senate informed the House that the Senate
was now ready to proceed in the election of Judge of the Southern
Circuit, and that the Senate would after the 6th voting in the Senate
report the result thereof to the House, and retired.
Senate committee was received, and reported the result of the
sixth voting in the Senate as follows:
For Ferguson 1, for Forward 6, for Thompson 3, Blank 2.
Messrs. Baldwin, Cotten and Alexander, were appointed a com-
mittee to inform the Senate of the result of the sixth voting in the
House.
Mr. Brown withdrew the name of L. A. Thompson.
There being no election the House proceeded to a seventh voting
which resulted as follows:










97

ForFerguson-Messrs. Allison, Alexander, Baldwin, Brantly, Daffin, Fer-
nandez, Garrason, Gillett, Myers, Penn, Philips, Stafford, Stewart, Stone, Tay-
lor and Waring-16.
For Forward-Messrs. Branch, Coleman, Dell,Ellis, Fail, Goffand Ross-1.
For Putnam-Messrs. Brett, Brown, Gillis, Kelly, McMillan, Neal, Oliveros,
Russell, Tracy and Tweed-10.
Blank-Mr. Long-1.
Senate committee reported the result of the seventh voting in the
Senate as follows:
For Ferguson 1, for Forward 5, for Putnam 3, Blank 2.
And that the name of L. A. Thompson was withdrawn.
There being no election, the House proceeded to an eighth voting,
which resulted as follows:
For Ferguson-Messrs. Allison, Alexander, Baldwin, Brantly, Daffin, Fer-
nandez, Garrason, Gillett, Myers, Philips, Stafford, Stewart and Waring-13.
For Forward-Messrs. Branch, Coleman, Dell, Ellis, Fail, Goff, Kelly and
Penn-8.
For Putnam-Messrs. Brett, Brown, Gillis, McMillan, Neal, Oliveros, Ross,
Russell, Tracy and Tweed-10.
Blank-Messrs. Long and Stone-2.
Senate committee informed the House of the eighth voting in the
Senate, as follows:
For Ferguson 1, for Forward 5, for Putnam 3, blank 3.
So there was no election.
The House then proceeded to a ninth voting, which resulted as
follows :
For Ferguson-Messrs. Ailison,Alexander, Baldwin, Brantly, Brown, Daffin,
Fernandez, Garrason, Gillett, Myers, Philips, Staflord, Stewart, Stone and
Waring-15.
For Forward-Messrs. Branch, Coleman, Dell, Ellis, Fail, Goff and
Penn-7.
For Putnam-Messrs. Brett, Gillis, Kelly, McMillan, Neal, Oliveros, Ross,
Russell, Tracey and Tweed-10.
Blank-Mr. Long-1.
Senat committee informed the House of the result of the ninth
voting in the Senate, as follows:
For Ferguson 1, for Forward 5, for Putnam 3, Blank 2 ; and that
the name of W. A. Forward was withdrawn, and A. L. Woodward
nominated in his stead.
Mr. Fail then withdrew the name of W. A. Forward.
There being no election, the House proceeded to a tenth voting,
which resulted as follows:
For Ferguson-Messrs. Allison, Alexander, Baldwin, Branch, Brantly,
Cotten, Daffin, Garrason, Gillett, Kelly, Stafford, Stewart and Taylor-13.
For Putnam-Messrs. Brett, Brown, McMillan, Neal, Olveros, Ross, Rus-
sell, Tracey and Tweed-0.
For Woodward-Messrs. Dell, Fail, Goff, Long, Myers, Penn, Philips and
Stone-S.
Blank-Messrs. Coleman,Ellis, Fernandez and Gillis-4.
Senate committee in'brmed the House of the result of the tenth
voting in the Senate, as follows:
For Ferguson 2, for Putnam 4, for' Woodward 4, Blank 4.
So there was no election.
13









98

Mr. Branch nominated Samuel W. Carmack, of which the com-
mittee of the House informed the Senate.
The House then proceeded to the eleventh voting, which resulted
as follows:
For Ferguson-Messrs. Allison, Alexander, Baldwin, Brantley, Cotten,
Daffin, Fernandez, Garrason, Gillett, Stafford, Stewart, Taylor and Waring-13.
For Carmack-Messrs. Branch, Brett, Brown, Gillis, Kelly, McMillan,
Neal, Penn, Ross and Tweed-10.
For Putnam-Messrs. Oliveros and Russell-2.
For Woodward-Messrs. Dell, Ellis, Fail, Long, Myers, Philips and Stone
-7.
Blank-Mr. Coleman-1.
Senate committee informed the House of the result of the eleventh
voting in the Senate, as follows:
For Ferguson 1, for Putnam 4, for Woodward 6, Blank 1.
There being no election, the House proceeded to the twelfth voting,
which resulted as follows :
For Ferguson-Messrs. Allison, Alexander, Baldwin, Brantly, Brown, Cot-
ten, Daffin, Fernandez, Garrason, Gillett, Myers, Stafford, Taylor and Waring
-14.
For Carmack-Messrs. Branch, Brett, Gillis, McMillan, Neal and Tweed-6.
For Putnam-Messrs. Oliveros, Russell and Tracey-3.
For Woodward-Messrs. Dell, Ellis, Fail, Goff, Kelly, Long, Penn, Philips,
Ross and Stone-10.
Blank-Messrs. Coleman and Stewart-2.
Senate committee informed the House of the result of the twelfth
voting in the Senate, as follows:
For Ferguson 4, for Carmack 4, for Woodward 6.
So there was no election.
The name of B. A. Putnam was withdrawn.
Mr. Branch withdrew the name of S. W. Carmack.
Mr. Tweed nominated B. G. Wright.
. Mr. Penn nominated John Coleman.
Mr. Russell nominated William R. Hackley.
Senate committee informed the House, that the name of A. L.
Woodward was withdrawn, and William A. Forward renominated.
The House then proceeded to the thirteenth voting, which resulted
as follows :
For Ferguson-Messrs. Allison, Alexander, Baldwin, Brantly, Daffin, Gillett,
Myers, Philips, Stafford, Stone and Taylor-11.
For Forward-Messrs. Coleman, Cotten, Dell, Ellis and Goff-5.
For Hackley-Messrs. Oliveros and Russell-2.
For Coleman-Messrs. Ellis, Kelly, Penn, Ross, Stewart and Tracey-6.
For Wright-Messrs. Brett, Brown, Gillis, McMillan, Neal and Tweed--6.
Blank-Mr. Long-1.
Senate committee informed the House of the result of the thirteenth
voting in the Senate, as follows:
For Carmack 2, for Ferguson 2, for Forward 4, for Coleman 2,
for Wright 1.
And that the Senate had postponed the election indefinitely, and
asked the concurrence of the House.










99

On the question, "shall the House concur with the Senate in post-
poning the election indefinitely ?" the yeas and nays were called for
by Messrs. Allison and Goff, and were:
SYeas-Messrs. Dell, Fail, Fernandez, Goff, McMillan, Philips,
Ross, Stewart and Tweed-9.
Nays-Messrs. Allison, Alexander, Baldwin, Branch, Brantly,
Brett, Brown, Coleman, Cotten, Daffin, Ellis, Garrason, Gillett, Gil-
lis, Kelly, Long, Neal, Oliveros, Russell, Stafford, Stone, Taylor,
Tracey and Waring-24.
Yeas 9, nays 24 ; so the House refused to concur.
The House committee were requested to inform the Senate of the
same.
Mr. Tweed withdrew the name of B. G. Wright.
Mr. Russell withdrew the name of W. R. Hackley.
Mr. Long nominated Chandler C. Yonge.
Mr. Ross moved to postpone the election indefinitely, which was
lost.
Mr. Russell nominated Joseph B. Lancaster.
There being no election the House proceeded to the fourteenth
voting which resulted as follows:
For Ferguson-Messrs. Allison, Alexander, Baldwin, Brantly, Daffin, Gar-
rason, Gillett, Philips, Stafford, Taylor and Waring-11.
For Forward-Messrs. Coleman, Cotten, Ellis, Fail and Goff-5.
For Coleman-Messrs. Brown and Neal-2.
For Yonge-Messrs. Dell, Fernandez, Long, Stone and Tweed-5.
For Lancaster-Messrs. Kelly, Oliveros, Russell and Tracey-4.
Blank-Messrs. Brett, Gillis, McMillan and Stewart-4.
Mr. Brantly moved to postpone the election till Saturday next,
which was lost.
Mr. Long moved to postpone the election till to-morrow ten o'clock;
which was lost:
Mr. Brantly moved to take a recess till 3 o'clock P. M.
The yeas and nays being called for on said motion by Messrs.
Russell and Oliveros were:
Yeas-Messrs. Allison, Brantly, Coleman, Fail, Garrason, Gillett,
Goff, Long, Neal, Stafford, Taylor, Tracey and Tweed-13.
Nays-Messrs. Alexander, Baldwin, Brett, Brown, Gotten, Daffin,
Dell, Ellis, Fernandez, Gillis, Kelly, McMillan, Oliveros, Philips,
Ross, Russell, Stewart, Stone and Waring-19.
Yeas 13, nays 19, so the motion was lost.
Senate committee informed the House of the result of the four-
teenth voting in the Senate as follows:
For Coleman 5, for Carmack 2, for Ferguson 2, for Forward 3, for
Yonge 1.
So there was no election.
Mr. Baldwin moved to postpone the election till Monday next,
Mr. Fail withdrew the name of W. A. Forward.
Mr. Long withdrew the name of C. C. Yonge.
The House then proceeded to the fifteenth voting which resulted
as follows:










100

For Ferguson-Messrs. Allison, Alexander, Baldwin, Brantly, Daffin, Fer-
nandez, Garrason, Gillett, Kelly, Philips, Stafford and Taylor-12.
For Forward-Messrs, Fail aid Goff-2.
For Coleman-Messrs. Brett, Brown, Ellis, Gillis, McMillan, Neal, Oliveros,
Ross, Russell, Tracey, Tweed and Waring-12.
For Yonge-Messrs. Long and Stone-2.
Blank-Messrs. Branch and Coleman-2.
Senate committee informed the House of the result of the fifteenth
voting, as follows :
For Ferguson 2, for Forward 6, for Coleman 4, Blank 1.
So there was no election.
Mr. Gotten nominated L. Windsor Smith.
The House then proceeded to the sixteenth voting, which resulted
as follows:
For Ferguson-Messrs. Aliison, Alexander, Brantly, Daffin, Garrason, Gil-
lett, Gillis, Myers, Stafford and Tayler-10.
For Smith-Messrs. Baldwin and Cotten-2.
For Coleman-Messrs. Branch, Brett, Brown, Dell, Ellis, Fail, Goff, Mc-
Millan, Neal, Oliveros, Penn, Ross, Russell, Stone, Tracey, Tweed and War-
ing-17.
For Lancaster-Mr. Kelly-1.
Blank-Messrs. Long and Philips-2.
Mr. Brantly withdrew the name of I. Ferguson.
Mr. Allison nominated Sampson H. Butler.
Mr. Russell withdrew the name of Joseph B. Lancaster.
Mr. Gotten withdrew the name of L. W. Smith.
Senate committee informed the House of the result of the sixteenth
voting in the Senate, as follows:
For Ferguson 3, for Forward 6, for Coleman 3, Blank 1.
So there was no election.
Mr. Allison withdrew the name of S. H. Butler.
Mr. Dell moved that the House take a recess till 3 o'clock, P. M.,
which was lost.
Mr. Baldwin nominated Leslie A. Thompson.
Mr. Long nominated Chandler C. Yongo.
Mr. Allison moved a call of the House, which being carried, the
roll was called, and the following members answered to their names,
viz:
Messrs. Allison, Alexander, Baldwin, Branch, Brantly, Brett, Brown,
Cotten, Daffin, Dell, Ellis, Fail, Gillett, Goff, Kelly, Long, McMil.
lan, Myers, Neal, Oliveros, Penn, Philips, R.ss, Russell, Stafford,
Stone, Taylor, Tracey, Tweed and Waring.
Absent-Messrs. Coleman, Fernandez, Floyd, Garrason, Hurst
and Stewart.
On motion of Mr. Baldwin, the proceedings consequent upon a
call of the House were dispensed with.
Senate committee informed the House, that the name of R. J.
Moses, was placed in nomination in the Senate, and that the name
of W. A. Forward, was withdrawn.
The House then proceeded to the seventeenth voting, which re.
suited as follows: