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 November 1856
 December 1856
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!-- Journal of the proceedings House Representatives ... General Assembly State Florida, at its session ( Serial ) --
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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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Permanent Link: http://ufdc.ufl.edu/UF00027786/00007
 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 25, 1856
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: UF00027786:00007
 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 1856
        Tuesday, November 25
            Page 3
            Page 4
            Page 5
            Page 6
        Wednesday, November 26
            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
        Thursday, November 27
            Page 36
            Page 37
        Friday, November 28
            Page 38
            Page 39
            Page 40
        Saturday, November 29
            Page 41
            Page 42
            Page 43
    December 1856
        Monday, December 1
            Page 44
            Page 45
            Page 46
            Page 47
            Page 48
            Page 49
            Page 50
            Page 51
            Page 52
            Page 53
            Page 54
            Page 55
        Tuesday, December 2
            Page 56
            Page 57
            Page 58
            Page 59
            Page 60
            Page 61
        Wednesday, December 3
            Page 62
            Page 63
            Page 64
            Page 65
            Page 66
            Page 67
            Page 68
            Page 69
        Thursday, December 4
            Page 70
            Page 71
            Page 72
            Page 73
            Page 74
        Friday, December 5
            Page 75
            Page 76
            Page 77
            Page 78
            Page 79
            Page 80
            Page 81
        Saturday, December 6
            Page 82
            Page 83
            Page 84
            Page 85
            Page 86
            Page 87
            Page 88
            Page 89
        Monday, December 8
            Page 90
            Page 91
            Page 92
            Page 93
            Page 94
            Page 95
        Tuesday, December 9
            Page 96
            Page 97
            Page 98
            Page 99
        Wednesday, December 10
            Page 100
            Page 101
            Page 102
            Page 103
            Page 104
            Page 105
            Page 106
            Page 107
            Page 108
            Page 109
            Page 110
            Page 111
        Thursday, December 11
            Page 112
            Page 113
            Page 114
            Page 115
            Page 116
            Page 117
            Page 118
            Page 119
        Friday, December 12
            Page 120
            Page 121
            Page 122
            Page 123
            Page 124
            Page 125
            Page 126
            Page 127
        Monday, December 15
            Page 128
            Page 129
            Page 130
            Page 131
            Page 132
            Page 133
            Page 134
            Page 135
            Page 136
            Page 137
            Page 138
        Tuesday, December 16
            Page 139
            Page 140
            Page 141
            Page 142
            Page 143
            Page 144
            Page 145
            Page 146
        Wednesday, December 17
            Page 147
            Page 148
            Page 149
            Page 150
            Page 151
            Page 152
            Page 153
            Page 154
            Page 155
            Page 156
            Page 157
            Page 158
        Thursday, December 18
            Page 159
            Page 160
            Page 161
            Page 162
            Page 163
            Page 164
            Page 165
            Page 166
            Page 167
        Friday, December 19
            Page 168
            Page 169
            Page 170
            Page 171
            Page 172
            Page 173
            Page 174
            Page 175
            Page 176
        Saturday, December 20
            Page 177
            Page 178
            Page 179
            Page 180
            Page 181
            Page 182
            Page 183
            Page 184
            Page 185
            Page 186
            Page 187
            Page 188
        Monday, December 22
            Page 189
            Page 190
            Page 191
            Page 192
            Page 193-208
        Tuesday, December 23
            Page 209
            Page 210
            Page 211
            Page 212
            Page 213
            Page 214
            Page 215
            Page 216
            Page 217
            Page 218
            Page 219
            Page 220
            Page 221
            Page 222
        Wednesday, December 24
            Page 223
            Page 224
            Page 225
            Page 226
            Page 227
            Page 228
            Page 229
            Page 230
            Page 231
            Page 232
            Page 233
            Page 234
            Page 235
        Friday, December 26
            Page 236
            Page 237
            Page 238
            Page 239
            Page 240
            Page 241
            Page 242
            Page 243
            Page 244
            Page 245
            Page 246
            Page 247
        Saturday, December 27
            Page 248
            Page 249
            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
    Appendix
        Page 1
        Page 2
        Comptroller's Report
            Page 3
            Page 4
            Page 5
            Page 6
        Treasurer's Report
            Page 7
            Page 8
            Page 9
            Page 10
        Report of the Register
            Page 11
            Page 12
            Page 13
            Page 14
        Report of Attorney General
            Page 15
        Report of State Engineer
            Page 16
            Page 17
            Page 18
            Page 19
        Indian Affairs
            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
        Correspondence Relating to Indian Affairs
            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
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            Page 15
            Page 16
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            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
            Page 37
            Page 38
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            Page 40
            Page 41
            Page 42
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            Page 44
            Page 45
            Page 46
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            Page 90
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Full Text



HOUSE JOURNAL--8th Session.


,XouviaI f tte nr crcii,5
SA


OF TE

}HOUSE OF REPRESENTATIVES
OF T1.

GENERAL ASSEMBLY
i OF THE

Btate of f irba,
"AT IT'.
EIGHTH SESSION,
Begun and held at the Capitol, in the City of Tallahassee, on
Monday, Twenty-Fourth November, 1856.






S, tha cc:
l i4

OFFICE OF THE FLOIIDIAN & ,JOlIU:NAL
rKnI'lTED BY JAMLE, J .,.'
S1856.







w 32;


~FAi s







"
6




JOURNAL

S Of the House of Representatives of the General Assembly of Flori.
da at the Eighth Session thereof, begun and held at the Capitol in
the City of Tallahassee, in the State of Florida, on Monday, the
S twenty-fourth day of November, eighteen hundred and fiftysix:
" `"" On which 'day, being that fixed by the Constitution of the State
of Florida for the meeting of the General Assembly, the House of
Representatives was called to order by Hugh A. Corley, Clerk of
the House of Representatives of the last General Assembly, who
proceeded to call the roll by Counties, when the following members
appeared, presented their certificates of election, and were severally
sworn by C. H. Austin, Justice of the Peace, viz:
From Leon County-Peres P. Brokaw,
Charles P. Chaires,
Lucian S. Duval,
George W. Parkhill.
From Wakulla County-James P. Carter.
From Jefferson County-George Whitfield,
Joshua Taylor.
From St. Johns County-Paul Arnau.
S From Orange County-William S. Delk.
From Levy County-Andrew J. Clyatt.
From Hillsborough County-James Gettis.
From Manatee County-Hamlin V. Snell.
On motion of Mr. Parkhill, Mr. Whitfield was called to the chair.
There being no quorum present,
On motion, the House adjourned until to-morrow, 12 o'clock, M.



TUESDAY, NOV. 25, 1856.

The House met pursuant to adjournment.
SThe roll being called by counties, the following members ap-
S peared and took their seats, viz:
From Escambia County-C. Gonzalez.
Santa Rosa County-James R. Mims.


B<









*4'

From Waltdn County-John P. Campbell.
Washington C'ounty-H.(B. Irwin.
Holmes County-Robert R. Golden.
Jackson County-Henry Pope,
Joseph B. Roulhac,
Henry H. Slaton.
Gadsden County-Robert H. M. Davidson,
Miles M. Johnston,
James M. Wilson.
Leon County-George W. Parkhill,
Lucian S. DuVal,
Charles P. Chaires,
Peres B. Brokaw.
Wakulla County-James P. Carter.
Jeferson County-George Whitfield,
Joshua Taylor,
Burton W. Bellamy.
Madison County-William Hankins,
James W. McQueen,
Michael W. McLeary.
Hamilton County-John Frink.
Columbia County-William E. M. Cousins,
Hansford R. Alford,
George B: Smithson.
"4 Duval County-William W. Hull.
Alachua County-Tillman Ingram.
Marion County-Simeon Helvenston,
Daniel A. Vogt.
St. Johns County-Paul Arnau.
Putnam County-James W. Bryant.
Orange County-William S. Delk.
S" Volusia County-Samuel Knight.
Levy County-Andrew J. Clyatt.
Hernando County-James R. Nicks.
Hillsborongh County-James Gettis.
Manatee County-Hamlin V. Snell.
Monroe County-P.hilip J. Fontane.
So there was a quorum present.
The oath of office was administered by C. H. Austin, Esq., Jus-
tice of the Peace, to Messrs. Gonzalez, Mims, Campbell, Irwin, Gol-
den, Pope, Slaton, Roulhac, Davidson, Johnston, Wilson, Bellamy,
Hankins, McQreen, McLeary, Frink, Cousins, Alford, Smithson,
Hull, Ingram, Helvenston, Vogt, Bryant, Knight, Nicks, and Fon-
tane.
On motion, the House proceeded to the election of Speaker.











Mr. Ingram nominated Mr. IH. Snell of Manatee.
Mr. Roulhac nominated Mr. J. W. Bryant of Putnam.
The vote was:
For Mr. Snell-Messrs. Arau, Bellamy, Brokaw, Campbell, Car-
ter, Chaires, Clyatt, Duval, Fontane, Frink, Gettis, Golden, Gonzal
ez, Helvenston, Ingram, Irwin, McLeary, McQueen, Nicks, Parkhill;
Taylor, Voght, Whitfield and Wilsbn-24.
For Mr. Bryant-Messrs. Alford,'Cousins, Davidson, Delk, Han-
kins, Hull, Johnston of Gadsden, Knight, Mims, Pope, Roulhac,
Slaton, Smithson and Snell-14.
Blank-Mr. Bryant-1.
Mr. Snell was declared duly elected Speaker.
On motion of Mr. Bryant, a committee of three, was appointed,
consisting of Messrs. Bryant, Parkhill and Bellamy, to conduct the
Speaker to the Chair.
On being conducted to the Chair, the Speaker returned his thanks
in a brief and pertinent address.
The House then proceeded to the election of a Chief Clerk.
Mr. Ingram nominated Mr. Hugh A. Corley, of Leon County.
The vote was:
For Corley-Mr. Speaker, Messrs. Arnau, Bellamy, Brokaw,
Campbell, Carter, Chaires, Cousins, Davidson, Duval, Fontano,
Frink, Gettis, Gonzalez, Hankins, Helvenston, Hull, Ingram, Irwin,
Johnston of Gadsdcn, Knight, McLeary, McQueen, Mims, Nicks,
Parkhill, Pope, Roulhac, Slaton, Smithson, Taylor, Vogt, Whitfield
and Wilson-35.
Mr. Corley was declared duly elected Chief Clerk.
The House then proceeded to the election of an Assistant Clerk.
Mr. Ingram nominated Mr. S. W. McElvy of Gadsden county.
Mr. Slaton nominated Mr. Henry Hull of Columbia county.
The vote was:
For McElvy-Mr. Speaker, Messrs. Arnau, Bellamy, Brokaw,
Campbell, Carter, Chaires, Clyatt, Duval, Fontane, Frink, Gettis,
Golden, Gonzalez, Helvenston, Ingram, Irwin, MeLeary, McQueen,
Nicks, Parkhill, Taylor, Vogt, Whitfield and Wilson-25.
For Hull-Messrs. Alford, Bryant, Cousins, Davidson, Delk,
Hankins, Hull, Johnston of Gadsden, Knight, Mims, Pope, Roulhac,
Slaton and Smithson-14.
Mr. McElvy was declared duly elected Assistant Clerk.
The House then proceeded to the election of Enrolling Clerk.
Mr. Ingram nominated Mr. William McPherson of Walton coun-
ty.
The vote was:
For McPherson-Mr. Speaker, Messrs. Bellamy, Brokaw, Camp-
bell, Carter, Chaires, Clyatt, Duval, Fontane, Frink, Gettis, Golden,
Gonzalez, Helvenston, Ingram, Irwin, Johnston of Gadsden, McLea-












ry, 'McQueen, Mims, Nicks, Parkhill, Roulhac, Slaton, Taylor,
Vogt, Whitfield and Wilson-28.
Blank-Messrs. Bryant, Cousins, Davidson, Hull, Knight and
Smithson-6.
Mr. McPherson was declared duly elected Enrolling Clerk.
The House then proceeded to the election of Engrossing Cleik.
Mr. Ingram nominated Mr. John L. Tatum of Hillsborough
county.
The vote was:
For Tatum-Mr. Speaker, Messrs. Arnau, Bellamy, Brokaw,
Campbell, Carter, Chaires, Clyatt, Duval, Fontane, Frink, Gettis,
Golden, Gonzalez, Helvenston, Ingram, Irwin, Johnston of Gad-
sden, McLeary, McQueen, Nicks, Parkhill, Slaton, Taylor, Vogt,
Whitfield and Wilson-27.
Blank-Messrs. Bryant, Cousins, Davidson, Hankins, Hull,
Knight, Mims, Pope, Roulhac and Smithson-10.
Mr. Tatum was declared duly elected Engrossing Clerk.
The House then proceeded to the election of Sergeant-at-Arms.
Mr. Ingram nominated Mr. Joseph H. Sappington of Alachua
county.
Mr. Slaton nominated Mr. A. J. Bright of Jackson county.
The vote was:
For Sappington-Mr. Speaker, Messrs. Arnau, Bellamy, Brokaw,
Campbell, Carter, Chaires, Clyatt, Duval, Fontane, Frink, Gettes,
Golden, Gonzalez, Helvenston, Ingram, Irwin, McLeary, McQueen,
Nicks, Parkhill, Taylor, Voght, Whitfield and Wilson-25.
For Bright-Messrs. Alford, Bryant, Cousins, Davidson, Delk,
Hankins, Hull, Johnston of Gadsden, Knight, Mims, Pope, Roulhac,
Slaton and Smithson-14.
Mr. Sappington was declared duly elected Sergeant-at-Arms.
The House then proceeded to the election of Doorkeeper and
Messenger.
Mr. Ingram nominated Mr. Archibald B. Campbell, of Madison
county.
The vote was:
For Campbell-Mr. Speaker, Messrs. Alford, Bellamy, Brokaw,
Bryant, Campbell, Carter, Chaires, Clyatt, Cousins, Duval, Fontane,
Frink, Gettes, Golden, Gonzalez, Hankins, Helvenston, Hull, In-
gram, Irwin, Johnston of Gadsden, Knight, McLeary, VMcQueen,
Nicks, Parkhill, Slaton, Smithson, Taylor, Vogt, Whitfield and
Wilson-33.
Blank-Messrs. Davidson, Mims, Pope and Roulhac-4.
Mr. Campbell wa declared duly elected Doorkeeper and Mes-
senger.
Messrs. Corley, McElvy, Tatum, Sappington and Campbell, were
duly sworn by C. H. Austin, Esq., Justice of the Peace.










7

On motion of Mr. Parkhill, a committee of three was appointed
consisting of Messrs. Parkhill, Taylor and Bryant to engage the
services of a Chaplain for the present session.
On motion of Mr. Parkhill a committee of three was appointed,
consisting of Messrs. Parkhill, Wilson and Roulhac, to wait upon
the Senate and inform that body that the House is now organized
and ready to proceed to business.
On motion of Mr. Bellamy, the House proceeded to the election
of a Printer.
Mr. Bellamy nominated Mr. James S. Jones.
The vote was:
For Jones-Mr. Speaker, Messrs. Alford, Arnau, Bellamy, Bro-
kaw, Bryant, Campbell, Carter, Chaires, Clyatt, Duval, Fontane,
Frink, Gettis, Golden, Gonzalez, Hankins, Helvenston, Ingram, Ir-
win, Johnston of Gadsden, Knight, McLeary, McQueen, Nicks,
Parkhill, Slaton, Smithson, Taylor, Vogt, Whitfield and Wilson-
32.
Blank-Mr. Cousins-I.
Mr. Jones was declared duly elected Printer for the House during
the present Session.
On motion of Mr. Vogt, a Committee of three was appointed con-
sisting of Messrs. Vogt, Whitfield and Pope,'to act with a similar
Committee on the part of the Senate, to wait upon His Excellency
the Governor and inform him of the organization of the General
Assembly.
On motion of Mr. Bellamy, the Rules of the House of the' last
Session were adopted for the government of this House until other-
wise ordered.
On motion the House adjourned until to-morrow, II o'clock A. M.




WEDNESDAY, NOV. 26, 1856.

The House met pursuant to adjournment-a quorum present.
The Rev. Mr. Anderson officiated as chaplain.
The journal of the last two days was read and approved.
The following members appeared, presented their certificates of
election, and were duly sworn by C. H. Austin, Justice of the Peace,
viz:
From Calhoun County-Edward P. Holmes.
SFrm Franklin County-James P. Penn.
From Dural County-Samuel Buffington.
Froni Sumeir County---Jolh W. Johnston,












Mr. McPherson, Enrolling Clerk, was duly sworn by C. H. Aus-
tin, Justice of the Peace.
Notice was given of intention to introduce the following bills at
some future day, viz:
By Mr. Gonzalez:
A bill to be entitled an act to incorporate the Perdido River Rail
Road Company;
A bill to be entitled an act concerning the Judge of Probate of
Escambia County; and
A bill to be entitled an act to amend an act entitled An act to es-
tablish the ad valorem system of Taxation.
By Mr. Penn:
A bill to be entitled an act to change the boundary line between
the Counties of Franklin and Calhoun.
By Mr. MeQueen:
A bill to organize two new Counties out of the County of Mad-
ison.
By Mr. Bryant:
A bill to reduce the State and County taxes, and to change the
present system of assessing property;
A bill providing for Primary Schools throughout the State; and
A bill to amend an act entitled an act to provide for and encour-
age a liberal system of Internal Improvements, in this State, approved
January 6, 1855.
On motion of Mr. Bellamy, a committee of three was appointed,
consisting of Messrs. Bellamy, Taylor and Cousins, to contract with
the Printer for the printing of the present session.
The Speaker announced the following Standing Committee :
Committee on the Judiciary. Committee on Elections.
Messrs. Gettis, Messrs. McQueen,
Bryant, Brokaw,
Davidson, Holmes,
Gonzalez, Dolk,
Arnau. Slaton.
Mr. Brokaw presented the petition of William G. Moseley, of Put-
nam County, contesting the election of James W. Bryant,
Which was read and referred to the Committee on Elections.
The Speaker laid before the House certain testimony taken at the
instance of John S. Heermans, claiming to be legally elected Repre-
sentative of Brevard county;
Which were referred to the Committee on Elections.
The Committee appointed to engage the services of a Chaplain
reported that they had engaged the services of the Rev. Josephus
Anderson;
Which report was received and the L'unmUtll c discharged.









9
:The Committee appointed to inform the Senate of the organiza-
tion of the House, reported that they had performed that duty, and,
Were discharged.
The Committee appointed to wait upon his Excellency, the Gover-
nor, and inform him of the organization of the House, reported that
they had performed that duty, and were discharged.
A Committee from the Senate informed the House that the Senate
was organized and ready to proceed to business.
The following message was received from his Excellency the
Governor and read:

GOVERNOR'S MESSAGE.

EXECUTIVE DEPARTMENT,
TALLAIIASSEE, November 24, 1856.
Fellow-Citizens of the Senate (cnd
IHouse oJf Representatives:
SIt gives me pleasure to welcome you, as the people's re-
presentatives, to thesoat of government, and to congratu-
late you upon the general health and prosperity of our
common constituency.
The Constitution makes it the duty of the Executive to
"give the General Assembly information of the state of
the government and recommend to their consideration'
such measures as he may deem expedient." In discharge
of this duty, I beg leave to invite your attention to the
accompanying
OFFICIAL REPORTS.
The reports of the Comptroller of Public Accounts, the
Treasurer, the Rtegistcr of Public Lands, the Attorney
General and State Engineer, will respectively furnish the
General Assembly information on the several interests
and subjects committed by law to their care. The recom-
mendation of the Comptroller on the subject of amend-
Inents of existing laws for the better security of the reve-
nue of the State, and the more economical administration
"of justice in criminal prosecutions, are respectfully com-
mended to your favorable consideration.
3









10
The law organizing the office of Register of Public
Lands, I respectfully suggest, is defective. The Register
sells the land, receives the money and notes, collects the
credit instalments and executes the titles, pays over the
money to the Treasurer, without any description of the
land being made in that office. The Treasurer, in turn,
delivers the money to the Comptroller, who is the party
authorized by law to invest it. The Comptroller, Treasu-
rer and Register are each a check upon the other, and
may detect any mistake made after the money has
reached the treasury; but there is no check provided by
which errors may be detected.in the Register's office short
of an elaborate examination. I recommend that the law
be so amended as to make the Register the salesman. His
certificate of sale the purchaser should take to the Treasu
rer, who should file it carefully, enter it upon his books
and receive the money, bonds, &c., in payment. When
the payment is completed, the Treasurer should so certify
to the Comptroller, who should execute and deliver the
title. This would make each office a check upon the other,
and furnish a ready means of correcting errors should they
occur.
A report from the Trustees of the Internal Improvement
Fund will be presented to the General Assembly at an
early day. The law organizing that trust does not provide
for such report, but the propriety of its submission is so
manifest that I shall take pleasure in communicating it as
soon as received.
INDIAN HOSTILITIES.
On the 12th day of January, 1853, the General Assem-
bly passed an act entitled An act to provide for the final
removal of the Indians from this State, and for other pur-
poses."
The first section of that act makes it unlawful for any
Indian to remain in this State.









11
The second section requires the Governor to raise a
brigade, composed of one Regiment of Mounted Volun-
teers and one Regiment of Infantry, of not more than one
thousand men each.
The 5th section provides, that the Governor shall tender
said Brigade to the Federal Government, for the removal
of the Indians.
The sixth section makes it the duty of the Governor, in
the event of the Federal Government's refusing to accept
S the services of said Brigade, forthwith It to secure the fron-
tier settlers" and employ the Brigade in capturing theIn-
dians, &c.
The seventh section appropriates five hundred thousand
dollars for the expenses of the war, and authorizes the
Governor to borrow the money at six per cent. interest.
The ninth section authorizes the Comptroller to audit
the accounts and issue warrants upon the Treasury for
their payment.
The eleventh section provides, that when the Indians
commence actual hostilities, the Governor shall carry this
act into executioit.
In obedience to the requirement of this act, I attempted,
on my inauguration, to raise the Brigade. The Mounted
Regiment was readily procured and organized, but the
Infantry Regiment I found it impracticable to recruit. In
December last the contingency occurred, upon the hap
opening of which the Executive was required to carry the
law into execution. The Indians commenced actual hos-
tilities by attacking a detatchment of United States troops,
commanded by Lieutenant IHartsuff. This attack was en-
tirely unexpected, and found our frontier population in an
unprotected condition. The officer in command of the
United States forces was not able to give promptly the
protection required for such a line of frontier, and the citi-
zens, naturally and properly, called upon the State govern-
ment to protect them in the enjoyment of their lives and











"property. Before, however, the decision of the Executive..
could beobtained, many men from the counties of Mana-:
tee, Hillsborough and Hernando, moved by patriotic im-
pulses, had organized themselves into companies, elected
officers, armed, equipped and rationed themselves and had
marched to the frontier. These companies I promptly re-
cognized as in the service of the State, and instructed them
to give efficient protection to the frontier population, and
prevent, if possible, the breaking up and abandonment of
the settlements. I immediately tendered to the Secretary
of War such portion of the Brigade as-had been raised,
and offered to raise the balance at the earliest practicable
period. He declined, however, to receive more than five
companies, three of mounted men and two of infantry-
the latter of which I could only procure to the extent of
one detachment.
The three mounted companies of Volunteers, numbering
rank and file, about two hundred and sixty men, were all
the force of that description, that I was advised the Gov-
ernment designed using for frontier protection. This, to
my mind, was quite insufficient for the reasonable protect
tion of the country, to say nothing of furnising pursuing
parties when the Indians should make their appearance in
the settlements. I therefore determined to retain in the
service of the State, the Companies of Captains F. M. Dur-
rance, L. G. Lesley, William H. Kendrick, and Abner
Johnson, and afterwards added a detachment under Lieu-
tenant John Addison, making, rank and file, about four
hundred men. These troops have been employed, partly
on the frontier, and partly in the Indian country. Detach-
ments have, on three several occasions, overtaken and
fought the enemy, once recovering a large amount of prop-
erty, (of which they had robbed one of our best citizens,)
and killing, as was supposed, from four to seven Indians.
This was effected under Lieutenant John Addison, without
loss. The other two engagements were by small detach-









13

ments from the companies of Captains F. M. Durrance,
L. G. Lesley and W. B. IHooker,'and were the most gallantly
contested actions that have probably ever occurred in
Florida. The Indians having the advantage in point of
numbers, appeared determined to destroy their pursuers,
and such was the desperation.with which they fought, that
one contest was decided by a resort to pocket knives, in
which an Indian was killed by having his throat cut. In
these three engagements it is supposed that over twenty
S Indians were killed, and a number wounded, and so thor-
oughly were they chastised, that although more than five
months have elapsed, they have not, as I have been advised,
ventured an engagement, or even an attack upon the fron-
tiers. In these last two engagements we lost in killed,
Lieut's. Carleton and Whiddon, and William Parker, some
of the most gallant spirits of our little army; and while
all did their duty nobly, and are entitled to the gratitude
of the whole State, the memories of those who perished
should be embalmed in every heart. For a more detailed
account of these gallant actions, I respectfully refer to the
Report of Capt. F. M. Durrance, herewith communicated.
When the Indian outbreak occurred, the money markets
of the world were in such a condition as to forbid even the
hope of negotiating a dollar upon the terms to which I was
limited by the act of January 12, 1853. The impossibility
of procuring subsistence and forage, except to a limited ex-
tent, forbid my calling into the service of the State such a
force as would have protected the frontier and promptly
captured or humbled the enemy. Under these circum-
stances I was compelled to limit the force to four compa-
nies and a detachment. These I provided for temporarily
by using the contingent fund, and borrowing the small
balance remaining uninvested of the School and Seminary
funds. Having made this temporary provision, I proceed-
ed to Washington City, with the hope of inducing the
War Department to accept the services of a Brigade of









14
Volunteers, or at all events, receive the companies retained
by the State. I did not, however, succeed in either, but re-
ceived assurances of the determination of the Government
to remove the Indians by force, and to use such an amount
of force for that purpose as could be profitably employed.
The correspondence upon this point with the War Depart-
ment, is herewith communicated for the information of the
General Assembly.
That the Secretary of War did honestly determine to re-
move the Indians I entertain no doubt, but that he made a
mistake in reference to the kind and extent of force necessary
for that purpose, is now manifest. The purpose of removal
is, however, prominently preserved, and recently a general
officer of great skill and success in such warfare, has been
ordered to the command with increased forces. To what
extent he may estimate for a mounted volunteer force, I
am not yet advised. That he will find the war intermina-
ble without a mounted force, there is too much reason to
fear. I have, however, great confidence in his capacity
for such a service.
. Having failed to effect what I desired at Washington,
and having determined to continue in the service of the
State such a mounted force as was deemed sufficient to
give reasonable protection to the frontier, I found myself
compelled to negotiate for money on terms not authorized
by the statute. I negotiated a loan in the City of Charles-
ton for thirty thousand dollars, at an interest of seven per
cent. per annum, to be returned at some early day, after
the adjournment of the present session of the General As-
sembly. This fund has been reserved for the purchase of
subsistence and forage, and for the payment of incidental
expenses, and will at ari early day be exhausted. I res-
pectfully invite the Geheral Assembly to appoint a com-
mittee to examine and report upon this loan, and the dis-
bursement of the funds made by my special orders.
During my absence on my visit to Washington City, a











very great excitement occurred in Levy County, which
spread rapidly into the Counties of Madison, Columbia
and Alachua. The report of Indian trails in great num-
ber, with an attack upon a citizen, and another upon a
fort or stockade, with a threatened depopulation of the
section of country, induced me to send Capt. A. J. T.
Wright, with a select detachment, to examine carefully
and report the facts. His report is herewith communica-
ted. It will be seen that his examination confirmed the
S impression so generally prevailing, that there were In-
dians in considerable number in that section, and called
for two mounted companies to capture or expel them. The
balance of his own Company, with the Company of Capt.
Stewart, were promptly ordered to join him. On thethir-
teenth of June, the command of that special service was
assigned to Col. M. Whit Smith, with authority to recruit
four infantry companies to aid in scouring thoroughly the
Gulf and Suwannee Hammocks, and other suspected pla-
ces. This assignment of command was connected with
the duties of recruiting officer, Quarter-Master and Com-
missary, to be covered by a Major's pay, as will be seen
by my letter of instructions of that date, a copy of which
is herewith communicated.
The Infantry Companies ordered to be recruited, were
deemed necessary for temporary service in the Gulf Ham-
mock and adjacent places, and were then desired for Col.
Monroe, commanding United States forces in Florida, to
aid in filling a requisition, then daily expected, of which
advices from the War Department had been received. A
portion of these were recruited, but it was found difficult to
raise full companies, and as the commanding officer requi-
red such, they were discharged at the completion of the
special service for which they were enlisted. This whole
special service terminated in September, and the Compa-
nies were generally discharged on the 30th day of that
month.









16
At the expiration of six months from the respective dates
of mustering the three mounted companies, and one in-
fantry detachment of volunteers, into the service of the
United States, and the four companies and one detachment
of mounted volunteers into the service of the State, they
were all regularly mustered out. The second requisition
from Col. Monroe, for three companies to supply the places
of those mustered out, was filled by companies organized
and commanded by Capts. S. L. Sparkman, L. G. Lesley
and Robert Bullock. The companies mustered out of the
service of the State were promptly supplied by others
commanded by Capts. F. M. Durrance, W. II. Kendrick,
Abner Johnson and E. T. Kendrick. The detachment
commanded by Lieutenant Addison was ordered to be sub-
stituted by a full company, the organization of which has
not yet been reported to me.
The great distance at which I was located from the seat
of war, the necessity for economising the limited means at
"my disposal, and the difficulty of communicating my in-
structions, with the mails virtually suspended for a por-
tion of the time, made it in my judgment proper to appoint
a special and confidential agent, near the seat of war, to
discharge all such duties, whether civil or military, as
might be devolved upon him by Executive authority. I
therefore,.on the 4th of February last, appointed as such
agent, Gen. Jesse Carter, of Tampa, who has, since that
date, been laboriously engaged in duties connected with
the present Indian disturbances. Iis reports, letters and
abstracts are on file, copies of which will be furnished to
the General Assembly if desired. A copy of the letter of
his appointment, and such general instructions as have
been issued to him, in relation to the service, are herewith
communicated. He is now, in company with a portion of
the State troops, on an extended expedition into the In-
dian country, a report of which and its results I hope to be









17
able to communicate to the General Assembly at an early
day.
Should the United States call for no additional mounted
volunteer force, for the present campaign, and make no
other provision for cavalry, it will in my judgment be un-
safe to discharge any part of the mounted force now em-
ployed by the State.
It will be seen by a correspondence herewith communi-
coted, between the Post Office and War Departments and
A' one of our Senators, that the provision for mounted force
on the part of the Government was so limited, that the
mails between Palatka and Tampa were virtually suspen-
ded for the want of protection. On being advised of this
state of things, I ordered Gen. Carter, the State's special
agent, to confer with the Colonel in command, on this sub-
ject, and if he was unable to give the necessary protection,
to furnish it from the forces in the service of the State.
My order in reference to the matter is herewith communi-.
cated.
No provision having been made by the Government.of
the United States to pay or subsist our State forces, it be-
comes the imperative duty of the State Government to do
so. The amount which will be due on the 20th of Februa-
ry next, should no change in our present force be made,
will be, (including pay, subsistence, forage, transportation,
incidental expenses, and the loan negotiated in Charleston,)
according to my estimate, about two hundred and twenty-
five thousand dollars, and for each six months' service be-
yond that period, should the necessity unfortunately con-
tinue to exist, a provision of one hundred and ten thousand
dollars should be made.
With these explanations and suggestions, this embarras-
sing question is submitted to the General Assembly, with
the assurance that I shall cheerfully and heartily co-oper-
ate with you in any proper measure which your wisdom
may suggest for protecting the credit of the State, dischar-
3










going her obligations and removing the Indians from within
her borders.
INTERNAL IMPROVEMENTS.
The General Assembly, at its last regular session,
passed an act providing for and encouraging a liberal
system of internal improvements in this State. The sys-
tem of roads, to be aided under its provisions by a guaran-
tee from the Internal Improvement Fund to the extent* of
ten thousand dollars per mile, for iron and equipment,
embraces as terminal points the Bays of Pensacola and St.
Andrews in the Western. District, St. Marks or Crooked
River in the Middle District, Fernandina and Jackson-
ville in the Eastern District, and Tampa and Cedar Key
in the Southern District, and making in the aggregate lit-
tle less than seven hundred miles of road.
This system, extensive and general as it appears to be,
will not reach and benefit, locally and directly, every indi-
vidual, or even neighborhood or county, in the State; and
it is a source of regret that it will not. Its benefits, how-
ever, will possibly be* found to be as nearly equally dis-
tributed as the form of the State, the extent of its settle-
ment and the location of its ports, will permit. Of the
thirty-two counties organized, twenty, containing more
than nine-tenths of our population, will probably be pene-
trated by some part of the system. Eleven out of the re-
maining twelve have outlets for their produce by navi-
gable streams or bays, enabling them, without great in-
convenience, to reach the Gulf of Mexico or the Atlantic
Ocean. The remaining county lies near the line of the
Pensacola and Georgia Road, and will probably be crossed
by a road connecting Savannah and Brunswick with our
system east of the Alapaha.
Complete this system, and Florida will be no longer in-
accessible. She will be a picture for the admiration of her
Southern sisters; a State in which no citizen need leave
his own county to find his shipping depot or warehouse.









19

The steam car, the steamboat or the sailing vessel will visit
every county. The salubrity of our climate and fertility
of our soil will become familiar to our whole country.
Immigration will increase in a ratio hitherto unexampled
in our State. Our rich lands will be reduced to cultiva-
tion. Our forests, now valueless, will swell our exports by
contributing liberally of naval stores and timber. Our ex-
treme South, now inhabited by the red man of the forest,
will be occupied by an industrious and frugal population.
The cultivation of tropical fruits will raise up a new in-
terest and add to our list a leading article of export.
Every section will develop increased capacity for produc-
tion, and every interest and every citizen will share in the
general prosperity.
That the system of roads destined to confer these and
bther benefits upon us will be completed at an early day, I
entertain no doubt. The act inaugurating the system has
been on our statute book less than two years. Work un-
der its provisions commenced with energy a little over one
year since. The Tallahassee road, connecting the Capital
with the Gulf at St. Marks, has been completed, equipped
and is in daily use, at large profits. Iron for fifty miles of
the Florida Road has been purchased and is nearly all
within the jurisdiction of the State. Nearly fifty miles of
that road have been graded, ten miles finished," and the
line through from Fernandina to Cedar Key under con-
tract to parties of capital and character, and will be
pressed forward with energy. The Central, Atlantic and
Gulf Road has been located from Jacksonville to Alliga-
tor, a distance of sixty miles, and the grading and timber-
ing placed under contract to reliable men. Nearly twenty
miles of this line, I am informed, have been graded and a
large number of the cross-ties procured. The Pensacola
and Georgia Road has been located from Tallahassee to
to Alligator, a distance of one hundred and seven miles,
the grading nearly all placed under contract to planters








20
and others,'who have the ability to complete the work with
promptness. This line from Tallahassee westward has
been surveyed as far as the Apalachicola river, and will
probably be located definitely at an early day. These
show that since the passage of the Internal Improvement
Bill, about three hundred and seventy-five miles of road
have been surveyed, three hundred and thirty five miles
located, three hundred of which have been placed under
contract. Of this about one hundred miles have been
graded, of which more than thirty miles have been fin-
ished and in daily use. It is believed, also, that an
amount of capital, sufficient to pay for grading and tim-
bering all roads that have been definitely located, has been
secured, and it can hardly be doubted that the bonds of
the companies, guaranteed as provided in the general bill,
will purchase the iron and equipment, so that at least
three hundred and thirty-five miles of the system may be
considered secured. This will connect Fernandina and
Jacksonville with Cedar Key and St. Marks, and leave the
work necessary to secure the connection with Tampa Bay,
St. Andrews and Pensacola still to be done. It may, I
think, be easily shown that the importance of these con-
nectiois to the full success of the system will force their
completion at an early day.
Tampa Bay is exactly on the most direct line of travel
and commerce between the Atlantic cities of the United
States, and the Island of Cuba. In addition to this, the
road from: Fernandina to Tampa must be an important part
of the great line from New York to San Francisco by way
of the Honduras Railroad; thus making Tampa Bay the
Gulf Depot for a great and growing commerce from these
points. The acquisition of the Island of Cuba, a circum-
stance which must in the nature of things occur at no dis-
tant day, will disembarrass our commerce with her, and
make her one of our richest and most profitable customers.
Every road in our system, and every city and town that









21

will be built up by them, will be interested in concentra-
ting these great streams of travel and commerce upon Tam-
pa, because all will share in the benefit, and without the
completion of that line, it is not probable that the business
oould be fully controlled for our State. There is from these
two sources, an external commerce inviting us to accept it,
which would be sufficient to build up a great city. We
have only to prepare to receive it. The success of our en-
terprise requires us to do it, and it will be done.
Pensacola, like Tampa, offers peculiar inducements for
the completion of our line Westward. It lies at the door
of the great West, and is probably the best harbor on the
Gulf of Mexico. The South, to secure her commercial in-
dependence, needs just such a place, and cannot overlook
the advantages of its position. More than nineteen twen-
tieths of all the goods consumed in the Southern States
are sold and delivered to the consumers by the merchants
of the interior towns and villages. These merchants pur-
chase their stocks in the Atlantic cities, in part upon cred"
it, and rely to a considerable extent upon their sales to aid
in meeting their notes at maturity. Their sales being gen-
erally due at the first of the year, their purchases are made
at such times as to cause their maturity at a later date than
that, and as the credits are generally six months, the pur-
chases are made during the months of July, August and
September. During these months our Southern Atlantic
cities have the reputation of being sickly ; and the interior
merchant, declining to risk his health in. them, goes North
for his supplies. This is doubtless one of the principal
reasons, why the commercial energy of the South has been
prostrated-why we as a section are tributary to the North,
and are even now, while receiving at her hands insult and
injury, paying her more than forty, millions annually to
conduct our commerce. This should not be so. If our
Southern Atlantic Cities are unhealthy and we cannot con,
centrate our commerce upon them, we have other points









22

South that are not. Pensacola would compare favorably
at all seasons of theyear with New York, Boston, or Phil-
adelphia, and could be made available as a great commer-
cial mart, provided a suitable commerce could be concen-
trated there. Can this be done? Let us examine this
point carefully, for it is one of great importance.
For the purposes of this investigation, we will consider
the road from Fernandina to Pensacola finished, the road
from Pensacola to Montgomery finished, and a road from
Pensacola to Vicksburg finished.
Europe is our great customer for raw cotton, and the
line of transportation that can place cotton in European
ports most safely, cheaply and expeditiously, will do the
business. The two and a quarter million bales of cotton
shipped annually from New Orleans and Mobile to Euro-
pean markets pay, it is estimated, an average of 7-10ths of
a penny freight, but I will place it at 5-8ths, or 1) cents
per pound. This, on a bale of 500 lbs., would be $6.25;
add insurance at an average of $1.75 per bale, and we have
eight dollars as the expense on a bale of cotton from the
time it is put on ship-board until landed on the wharf in a
European port. From Pensacola this bale of cotton could
be profitably carried on a road of easy grades to Fernandi-
na for $1.50. The freight from Fernandina would, in con-
sequence of her fine harbor and deep water, admitting ves-
sels of large class, be cheaper than from our other Southern
ports, and could, beyond doubt, be brought to an average
of 5-16d. or 5-8ths of a cent per pound, being $3.124; to
which add insurance 872 cents, and expenses of delivering
on board at Fernandina 25 cents, and we have a total ex-
pense of $5.75. From this may be deducted 50 cents per
bale for saving in interest and primage, in consequence of
the difference in time and less vessel freight, by -way of
Fernandina-thus showing a saving of $2.75 per bale to
the Pensacola shipper. One dollar per bale would pay to
transport cotton from New Orleans and Mobile to Pensa-









23

cola, and if my estimates are correct, the whole receipts of
these great cities could be secured to be transported over
our road at a positive saving to the shipper of $1.75 per
bale. But when we consider that the difference between
the freight and insurance on a steamer, down the river
from Vicksburg to New Orleans, and the freight on a rail-
road from Vicksburg to Pensacola, could not be more than
fifty cents per bale, which would probably be fully off-set
by cost of re-shipping in New Orleans, it is reasonable to
suppose that Pensacola, offering a saving of $2.75 per bale
over New Orleans, would get all the cotton from that point,
and consequently from above it. The same data is quite
as good for the cotton concentrating at that point froih
Texas, Arkansas, and an extensive adjacent country, trans-
ported on the great Central or Pacific Railroad, and for
the cotton descending by any of the great lines of Railroad,
or of water transportation, crossed by this road from Pen-
sacola to Vicksburg.
I will not extend this communication by attempting to
enumerate the great variety of products, other than cotton
which would find their way by the same channel of trans-
portation to Pensacola, and over our line of road to the
Atlantic Ocean. A glance aj the trade of our Gulf cities
will readily suggest these.
But, however important the freights from Pensacola to
the Atlantic might be, those from the Atlantic to Pensa-
cola wouldprobably exceed them. The light goods of val-
ue, now shipped to New Orleans, Mobile, Texas, and all
"Western Gulf Ports, and thence distributed over the whole
South West, would hardly fail to pass over this road, even
if it should be necessary to re-ship them by water at Pen-
sacola. This route. would not only save time, and give
greater certainty as to the time of arrival, but would make
a saving in the single item of extra insurance, around the
peninsula of Florida, equal to the entire freight from New
York to New Orleans.









24
The completion of the roads from Pensacola to Mont-
gomery and Vicksburg, would add largely to this business.
At Montgomery a connection would be formed with other
roads, and through them with the systems of Alabama,
Georgia, Tennessee and other States, many of which roads
would serve as distributors for Pensacola. The road to
Vicksburg would cross the Alabama River, the Mobile
and Ohio road, and the roads from New Orleans, penetra-
ting the States of Mississippi and Tennessee. At Vicks-
burg, it would connect with the Mississippi River and its
tributaries, and the great Central and Pacific Road, with
its extensive prospective connections ;-thus opening up
to our great Gulf Port thousands of miles of land and wa-
ter transportation, to serve as distributing agents for her
commerce, and bringing into immediate and harmonious
connection with our system of roads the great-West, with
its teeming millions, its untold wealth, and mighty re-
sources.
"With these connections completed, Pensacola, with her
advantages of position and climate, could hardly fail to be-
come a city of extensive commerce, second probably to
none in the South, if to any in the Union. But these are
not all. The tendency is to annexation; and if we look
down the stream of time, we may, in imagination, see a
period when Cuba and the other West India Islands, with
the States of Mexico and Central and South America, may.
be added to this confederacy, and these vast and as yet
undeveloped countries be socially, commercially and po-
litically identified with the civilization and institutions of
the South. Their relation to the" Gulf of Mexico will, how-
ever, with or without annexation, make them to a great
extent our customers, and as their civilization increases
and their capacity for production is developed, we may
concentrate upon our Gulf ports an amount of business
which we have at present no data of estimating. The
produce thrown into our ports from these Southern lati-









25
tudes would, much of it, go further North a'd East id
quest of consumers, and with the road from Pensacola iri
the West, with its feeders from St. Andrews and St,
Marks, and the road from Tampa in the South, with its
feeder from Cedar Key, with others in prospect, not em-
braced in our system, all concentrating upon the fine port
of Fernandina, with her beautiful and extensive bay, her
fine bar and deep water, could not fail to build up at that
point the great Atlantic city of the South.
Holding as we do within our borders the fine Bay of
Tampa near our extreme South, the Bay of Pensacola in
our extreme West, and the Bay of Fernandina and the'
Saint John's River in our extreme North East, with
the intermediate Gulf ports of St. Andrews, Apalachi-
cola or White Bluff, St. Marks and Cedar Key, embra-
cing all the shortest and best lines between the Gulf
of Mexico and the Atlantic Ocean, and with a system'
so arranged that no change of cars will be necessary to
enable either road to deliver freight or passengers at any
point embraced, it is certain that unless we refuse to avail
ourselves of these advantages, which a bountiful Provi-
dence has conferred upon us, and open our ports to an ex-
ternal competition upon terms which would impair our
credit and wither our enterprises, we shall make our State
the great commercial State of the South, and shall find at
an early day that on most of our lines of railroad single
tracks, although first class,,will be found insufficient for
the business which will be offered.
If in this sketch I have not greatly over-estimated the
advantages which we should as a commonwealth derive'
from the completion of our enterprises, I may with confi-
dence assume that it is our interest to complete them, and
this brings me to consider the question of our ability to
d6 so. I assume that the guarantees of our general bill will
be sufficient for the purchase of the iron and equipment,
and that there are yet 365 miles of grading and timbering'
4 p









26
to provide for. This at five thousand five hundred .dol-
lars, per mile (which is sufficient over such a country, in-
cluding the laying of iron,).would amount in round num-
bers to (2,000,000) two million dollars. One-fourth of this
sum could be paid in stock of the road, leaving fifteen
hundred thousand dollars to be provided. Against this
the companies on these lines hold lands granted by the
Federal and State governments, and lying within fifteen
miles of their roads, to the extent of about two million
(2,000,000) acres. These, at seventy-five cents per acre,
would provide the whole amount necessary. But these
365 miles pass through twelve counties, which hold about
one-third of the population of the State, and which have
not up to this time been called upon to expend one cent
upon our roads. They and the towns along the lines are
authorized, as corporations, to subscribe, and with the
cities of Fernandina, Pensacola and Tampa are abundant-
ly able to subscribe the whole amount, if considered ne-
cessary.
But if we had nothing but a knowledge of the fact that
our 335 miles could be more than doubled in value by
connecting with Pensacola and Tampa, it would be suffi-
cient. The work would be accomplished. The comple-
tion of three hundred and thirty-five miles, with its bene-
fits and blessings scattered upon the community, would
make every man a volunteer, would nerve every arm and
inspire confidence in every breast. But it is a work that
rises infinitely above a mere question of dollars and cents.
It addresses itself to us as patriots-as lovers of our coun-
try. It is a great work, not expected to benefit each man
individually alike, but to benefit our beloved State-to
make us great and prosperous and to contribute something
to the commercial independence of the South. Can there
be those who would, for a paltry consideration, either of
dollars and cents or of local and individual advantages,
Embarrass its progress ?









27
In view of our position and the great advantage which
it gives us, I would respectfully recommend to the Gene-'
ral Assembly great caution in granting chartered privi-
leges which by possibility may be used as rivals or com-
petitors of our system. A false step now may be fatal to
our interest.
TAXATION.
The last General Assembly 'conformed to the spirit of
the Constitutional provision, and adopted the Ad valorem
system of Taxation. This, I think, is the correct principle.
As the Government protects every description of property,
it should tax every .description its due proportion of the
Government expense. As each citizen is protected in the
enjoyment of all he possesses, each should pay according
to what he possesses, and he that owns little pays little,
and he that owns much pays much. This is as it should
be, but the'details of the law are imperfect, and may be
amended with great advantage to the revenue of the State.
On this subject I respectfully call your attention to the re-
port of the Comptroller of Public Accounts.
STATE DEBT.
'On the subject of the State's debt, I presented my views
very fully to the last General Assembly at their adjourned
session, accompanied by a set of tables showing the charac-
ter of the debt, the years in which the excess of expendi-
ture over revenue occurred; the loans resorted to to meet
deficiencies with the interest then due, &c. My opinions
have not changed upon this subject. I beg permission to
copy what I then said, and present it as what I now desire
to say. It was as follows:
The people will never complain of taxation as long as their pub-
lic servants can show that the amounts collected are necessary to
defray, the legitimate expenses of their State Government; but these
expenses they desire 'to pay annually. They want to know by the
demand made upon them, whether their Government has been eco-
nomically, or extravagantly administered, and will complain when
assessed to pay a heavy annual interest upon a State debt, for money









26

raised by loans, which should have been raised by taxation. The
tendency under our State Government has been, I think, to touch too
"cautiously the taxing power, and to rely too much upon loans to sup-
ply our deficiencies. This may be seen by reference to the following
table:
Revenue collected. Warrants issued.
For the fiscal year, ending l1st Oct., 1846,...$27,597 28......$56,009 57
1847,.... 45,357 60...... 52,787 46
1848,.... 66,832 72...... 54,913 81
1849,.... 58,638 11...... 55,807 79
"," s 1850,.... 46,079 84...... 38,559 83
"" 181,.... 57,141 10..,... 67,187 73
1852,.... 55,619 63...... 55,234 49
1853,.... 57,278 36......108,607 88
1854,.... 62,801 51...... 53,417 13
Y 1855,.,., 68,865 19...,.. 85,865 19

$585,714 34 $627,890,38
This shows a deficiency of Revenue for the ten years, of ninety-
two thousand one hundred and seventy.nine 04-100 (92,179 04-100)
dollars, or equal to an average deficiency of over nine thousand dol-
Jars per annum. To supply this, loans have been resorted to by
special Acts and under the law authorizing the Comptroller to invest
the School, Seminary, and Internal Improvement funds in the stocks
of this and other States. These loans have been as follows:
January 24, 1851, Borrowed of School Fund $25,000 00 Interest due $9,534 83
July 8, 1862, In. Im. 5,000 00 1,066 20
Nov. 17, 1852, Sem'y. 4,500 00 846 87
Feb'y. 17,1853, In. Ir. 10,000 00 1,706 01
"17, 1853, School. 10,000 00 1,706 01
Dec. 22, 1853, In. Im. 15,000 00 1,71e85
$69,500 00 $16,678 77
The loans amount to sixty-nine thousand five hundred ($69,500)
dollars, and the interest due upon them, on the first day of the pres-
ent month, amounted to sixteen thousand five hundred and seventy-
eight 77-100 (16,578 77-100) dollars. Add to these amounts, twen-
ty-two thousand, six hundred and seventy-nine 04-100 (22,679 04-
100) dollars, being the difference between the aggregete deficiency
and the amount of loans made, and which is necessarily outstanding
in the shape of Treasury certificates and Comptroller's warrants, and
it makes the aggregate indebtedness one hundred and eight thousand
seven hundred and fifty.seven 81-100 (108,757 81-100) dollars.
Nor is this the only debt due by the State. There was an Act ap.
proved January 7. 1853, entitled "An Act to provide for the pay.
ment of Captain Sparkman's, Parker's and other Volunteer Compa-
nies for services in the year 1849." Under the requirements of this
Act, there was State Scrip signed by the Comptroller and Governor,
payable in two, three and five years, with interest at the rate of six











per cent. per annum, and issued, amounting to sixty-four thousand
three hundred and sixty-one 90-100,.............. 64,261 90
Interest upon this sum to November
1, 1855, being an average of 2 years,
3 months and 6 days,........................$8,753 21

$73,115 11
This amount added to the deficiencies as shown by the Comp-
troller's reports, makes up a State debt of one hundred and eighty-
one thousand eight hundred and seventy-two 92-100 (181,872 92-
100) dollars. About one hundred and sixty thousand dollars of this
amount is bearing interest and adds annually to the debt nearly ten
"thousand dollars. It is true that a majority of this debt was con-
tracted for the protection of our frontier inhabitants against Indian
depredations; protection which the General Government was
bound to give them, and which consideration should have induced
the return of the money. Of such return, however, there is no imme-
diate prospect, and the State, having assumed the obligations, paid
one class of them and required her Governor and Comptroller, by law,
to sign and issue State Scrip, bearing interest in payment of the other
class, cannot, consistently with honor and good faith, refuse to pro-
vide for the payment of principal and interest of the scrip now due,
and for the redemption of the balance as it becomes due."
To this debt we may now make an addition of one year's
interest or about eleven thousand dollars, making nearly
one hundred and ninety-three thousand dollars, for al-
though it is true that interest to some extent has been paid,
it was paid by re-borrowing.
For this debt I respectfully recommend that a seven per
cent. stock be issued, redeemable at the option of the State
at any time prior to the year 1867, and that a fund be spe-
cially set aside to pay the interest, semi-annually, in the
City of New York, and a sinking fund be provided of not
less than five thousand dollars a year with which to redeem
the principal as it may be offered at or below par.
For the debt due as pay to Volunteers, on account of
present Indian hostilities, I recommend that a seven per
cent. stock be issued, redeemable at the option of the State
at any time prior to the year 1867, and that provision be
made for paying the interest, semi-annually, in New York,









30
That so far as money is required for the payment of loans
heretofore made, or for the payment of debts due; or to be-
come due, for subsistence, forage, transportation, and inci-
dental expenses, the Governor, or some other officer, be
authorized to sell the seven per cent. stock at not less than
par, or if that cannot be done, that he be authorized to ne-
gotiate a loan on the best terms practicable, hypothecating
such amount as may be necessary of the seven per cents,
as security for such loan ; provided, however, that so soon
as the United States, whose debts these are in good faith,
shall pay them, or any part of them, the money shall be
immediately applied to the redemption of that class for
which the payment was so made.
The Comptroller's report shows some sixteen thousand
dollars of arrearages against defaulting Tax Collectors in
the hands of the several Solicitors for collection, which
will probably be coming forward in time to be used as a
sinking fund for the purposes above indicated, and unless
the General Assembly shall find it necessary to make ap-
propriations much exceeding the average of former years,
the surplus under the present revenue law will be suffi-
cient to meet the interest as it matures.
CONSTITUTIONAL AMENDMENTS.
It could hardly have been expected that the Territory
of Florida, with her limited population in 1838, and suffer:
"ing from the ravages of an Indian war, could have assem-
bled a Convention, however distinguished for the wisdom
of its members, that could have framed a Constitution per-
fect in all its parts, and exactly adapted to the condition
and wants of every interest which might be subsequently
developed. The members of our Convention did not ven-
ture to hope for such a state of perfection, and wisely pro-
vided, under the guards and restrictions imposed by the
14th Article of the Constitution, for its amendment by lc:
"gislative enactments. This power has been exercised on









31

several occasions, and with perhaps a single exception,
beneficially to the State. There are, however, other por-
tions which, in my judgment, require amendment, and to
them I respectfully invite your attention.
The 3d section of the 6th Article provides that no Pre-.
sident, Director, Cashier or other officer of any Banking
Company in this State, shall be eligible to the office of Go-
vernor, Senator or Representative to the General Assem-
bly of this State, so long as he shall be such President, Di-
"rector, Cashier or other officer, nor until the lapse of twelve
months from the time at which he shall have ceased to be
such President, Director, Cashier or other officer."
Such a provision might have been expedient in 1838.
We then had extensive banking institutions which had sus-
pended specie payments. They had issued large amounts
of bonds guaranteed by the Territorial Government, and
it was feared by many that through their directors they,
might obtain a controlling influence over our State Legis-
lature. These institutions have failed, and retain but a
nominal existence. They possess no influence, and no one
is now apprehensive of danger from them or their officers.
The General Assembly, at its last session, passed a
Bank charter, and under this and our general Banking.
Law, it is probable that organizations may be effected at
an early day. Should such institutions go into operation,
every citizen who receives their circulation will be inter-
ested in their solvency, and consequently in their manage-
ment. This should induce the State to encourage, by all
proper means, safe, honest, intelligent and prudent men to
take the management of their affairs. The Constitution,
as it now stands, so far from encouraging such men to dis-
charge these important duties, visits them, if they do, with
proscription and disfranchisement. Such a course is well.
calculated to confine their management exclusively to
speculators and borrowers. This, I: think, should not be;










32
done, and I therefore respectfully suggest that this section
could be repealed or modified with advantage to the State.
The 8th section of the 6th article provides,- "that no
Governor, Justice of the Supreme Court, Chancellor or
Judge of this State shall be eligible to election or appoint-
ment to any other or different station, office or post of
honor or emolument under this State, or to the station of
Senator or Representative in Congress of thb. United
States, until one year after he shall have ceased to be such
Governor, Justice, Chancellor or Judge."
These are prominent executive and judicial officers,
elected by the people. Now, unless there is something
peculiarly demoralizing in these high positions, it would
be difficult to find a reason that would justify their dis-
franchisement. Why should a venerable and learned citi-
zen, who was esteemed by his fellow-citizens as good
enough for a Chief Justice, and who had discharged his
high trust with fidelity and benefit to the State, not after-
wards be good enough for a Governor or member of the
Legislature? Or, why should a man who had been hon-
ored by his fellow-citizens with the chief executive office,
and who had retired from this position with the confidence
of his constituents, be ineligible to any office for which
he was qualified, and which was elective by that constitu-
ency? Why should a Judge, who has served for years
up6n the Circuit Court Bench, be disqualified for a seat
on the Chancery or Supreme Court Benches ? We should,
I think, naturally look to the Circuit Judges, as they be-
come venerable in years and profound in learning, for ma-
terial with which to supply our appellate tribunals. Un-
der' our Constitution, these are ineligible, and when our
present Justices have passed away, we shall be forced to-
place our young and untried lawyers upon our Supreme
Court Bench to review and set aside the decisions of age
and experience. This, I think, should be reversed. But
if it is deemed proper that these high officers shouMl be









33

disfranchised on the ground that it is dangerous to permit
them to be transferred from one position to another, it is
difficult to see why the legislative department should be
exempted from the disability.
The 10th section of the 6th Article of the Constitution
provides that No Minister of the Gospel shall be eligible
to the office of Governor, Senator or member of the House
of Representatives of this State."
Ministers of the Gospel seldom engage in political life.
"It is better I think that they should not. This, however,
to my mirid is no reason why they should be disfranchised
by the Constitution. They are citizens, and the spirit
which would proscribe them because they have too much
religion, might soon be made to proscribe others because
they have too little. As a class, they are perhaps the most
peaceable and law abiding men we have. Their influence
in our country is on the side of virtue, and yet our Consti-
tution deprives them of a part of their privileges, as it does
those who are convicted of bribery, perjury or other in-
famous crimes." These sections are I think all proscrip-
tive,'anti-republican and unnecessary. I therefore respect-
fully recommend that the General Assembly adopt the ne-
cessary measures to place the question of their repeal be-
fore the qualified voters of the State.
The amendment of our Constitution which changed the
sessions of the General Assembly from annual to biennial,
was adopted mainly as a measure of economy. It is doubt-
ed whether it has served the purpose to any great extent,
and there are to my mind controlling reasons why we should
return, at the earliest day practicable, to annual sessions.
"We are a new State, and are now beginning to develop
our resources. We shall require frequent acts of legisla-
tion, sometimes to protect and foster enterprises, at other
times perhaps to restrain recesses. An extensive system of
internal improvements inaugurated-a vast amount of land
on the market-large amounts of money and other valua-
5











bles accumulating, and at interest-a system of Common
Schools, and two State institutions of high order, to say
nothing of the increasing amount of ordinary business
thrown upon the different State officers-call loudly for at-
tention, and not only justify but require the annual exam-
ination and supervision of the People's representatives. A
rigid and frequent examination of all State offices, and a
strict accountability of all officers, are essential to the pro-
per administration of the government, and should not be
deferred except for the most pressing and important rea-
sons.
But -this is not all. We should never forget that
we are a part of a complex system 'of government;
that we are one of the sovereign States of the Federal
Union; that there are extensive interests in that Union
antagonistic to us and our social organization. We
should never lose sight of the fact that should that an-
tagonistic interest, or any other, possess itself of the differ.
ent departments of the Federal Government, and undertake
to wield its powers for our destruction or injury, it is to
our State Government that we are to look for protection
and security in that hour of danger. It is pre-eminently
our Government, and should never be permitted to be-
come, in the estimation of our people, one of secondary im-
portance. We should cherish it as the anchor of our hope,
the shield of our defence, and the parent of our security.
Let us then annually assemble around her altars, counsel
with each other, light up the fires of patriotism, and on
each returning year dedicate ourselves and our children
anew to her service.
FEDERAL RELATIONS.
"We have just passed through the most exciting and im-
portant political contest that has ever occurred under our
government. It was an alarnAng contest. It was a con-
"test between sections, and the issue was the equality of
the States of this Union. The success of the sectional










Northern candidate, with his platform embracing the ad-
mission of no more slave States, the restoration of the Mis-
souri restriction, the abolition of slavery in the District of
Columbia, the repeal of the fugitive slave law, and ulti-
mately the abolition of the institution in the States, would
have forced the South to seek her safety in a dissolution of
the Union. But fanaticism has been beaten. The South,
with a band of pure and noble patriots at the North,
lovers of justice and the Constitution, have breasted the
storm and achieved a triumph. The patriots of the coun-
try, North, South, East and West are rejoicing in the elec-
tion of a conservative, able and pure statesman as Presi-
dent of the United States. And it is a matter for honest
and earnest congratulation. But let us not lay aside our
armor. Mr. Buchanan has carried fourteen out of the fif-
teen Southern States, and many of them by large majori-
ties, and yet he does not go into the Presidential Chair
backed by the moral force of the country. He is elected
by a plurality, and not a majority of the people of the
United States. The fanatical party who a few years since
were regarded as too contemptible in numbers to be either
feared or respected, have become a mighty host and have
boldly put forth their impious hands to pull down our fab-
ric of government and establish a despotism upon the
ruins of the Constitution. Upon a mere adventurer they
have cast a vote at least equal to the entire vote of the fif-
teen Southern States. They are sustained by a majority,
and a large majority, of the voters of the free States. A
small adjustment of the vote will give them the support. of
these States unanimously. The election of Mr. Buchanan
gives us a respite-we dare not look with confidence for
more. With one and a quarter million of votes organized,
fanaticism will struggle hard for the ascendancy. The
time has, in my judgment, come :when the South should
forget her differences and stand as one man for the defence
of the Constitution and her rights under it. ?he should









36

let fanaticism know that she has made her: last submission
to unconstitutional exactions. Her watchword should be
read of all men, "Equality in the Union, or independence
out of it."
: Pledging my hearty co-operation in all constitutional
measures calculated to promote the honor and interest of
our beloved State; and with an earnest prayer that the
God of all Grace may preside over your deliberations, and
direct your counsels for the prosperity of our Common-
wealth and the promotion of His glory,
I am, your fellow-citizen,
JAMES E. BROOME.

On motion of Mr. Bryant, 1,000 copies of the Message of the
Governor were ordered to be printed for the use of the House.
On motion of Mr. Bellamy, 300 copies of the accompanying docu-
ments were ordered to be printed for the use of the House.
On motion, the House adjourned until to-morrow, 11 o'clock,
A. M.




THURSDAY, NOV. 27, 1856.

The House met pursuant to adjournment-a quorum present.
The Rev. Mr. Anderson officiated as Chaplain.
The journal of yesterday's proceedings was read and amended.
Mr. Gettis moved that so much of the Governor's message as re.
fers to Indians be referred to the Committee on Indian Affairs;
And so much as refers to Internal Improvements, to the Commit-
tee on Internal Improvements;
And so much as refers to Taxation and State Debt, be referred to
the Committee on Finance and Public Accounts;
And so much as refers to Constitutional Amendments, be referred
to a Special Committee;
And so much as relates to Federal Relations, to the Committee
on Federal Relations;
Which motion was agreed to.
The Speaker appointed Messrs. Gettis, Davidson and Wilson, the
special Committee on Constitutional Amendments.









37

Notice was given of intention to introduce the following bills at
some future day, viz:
By Mr. Cousins:
A bill to amend An act to provide for and encourage a liberal sys-
tem of Internal Improvements in this State, approved January 6th,
1855, so that those Counties and corporate towns that have sub-
scribed for stock in any of the Roads mentioned in said act, may be
required to refund to their citizens respectively, all moneys,paid by
them as a Railroad Tax, and for other purposes.
By Mr. Gonzalez:
A bill to be entitled an act granting to the city of Pensacola cer-
tain lands therein mentioned; and
A bill to be entitled an act to authorize the County Commission-
ers to extend charters to bridges and ferries from two to ten years.
By Mr. Roulhac:
A bill to simplify proceedings in our courts of law relative to the
collection of debts and claims; and
A bill for the better protection of estates of intestates and minors,
and also for the better protection of administrators, executors and
guardians .
By Mr. Golden:
A bill authorizing the voters of Holmes county to locate perma-
nently the Court House of said county.
By Mr. Ingram:
A bill to allow William S. Perry to enter one hundred and sixty
acres of land belonging to the Common School Fund, and for other
purposes.
On motion of Mr. Penn, the Sergeant.at-Arms was instructed to
procure a copy of the Laws of the State for the use of each com-
mittee.
On motion of Mr. Vogt, the Sergeant-at-Arms was instructed to
procure stationery for the use of the members of this House.
Mr. Parkhill moved that a Committee of three be appointed to
draft Rules to govern this House;
Which motion was carried.
The Speaker laid before the House the evidence' and papers in
the matter of contested seats from the counties of Gadsden and Lib-
erty ;
Which were referred to the Committee on Elections.
Mr. Mims presented the petition of Dr. George D. Fisher, asking
-compensation for services in making a post mortem examination on
the body of one Hustes Gonzalez, in the county of Santa Rosa, in
the year 1854;
Which was read and referred to the'Committee oh Claims.
Mr. Parkhill moved that the House do now proceed to the can-
vass of the votes for Governor at the late election and that a Com.









38

mittee be appointed to procure the returns from the office of the
Secretary of State;
Which motion was agreed to and Messrs. Parkhill, Bryant and
Chaires were appointed said Committee.
On motion of Mr. Ingram, a Committee was appointed, consist-
ing of Messrs. Ingram, Johnston of Gadsden and Clyatt, to inform
the Senate that the House is now ready to proceed to the canvass
of votes for Governor, and to request the attendance of that body.
On motion, the House took a recess of fifteen minutes.


At the expiration of the recess, the House resumed its session-a
quorum present.
The Committee appointed to procure the returns of the election
for Governor reported that they had performed that duty, and
placed the said returns in the hands of the Speaker.
The Committee appointed to inform the Senate that the House
was ready to canvass the vote, reported that they had performed
that duty, and were discharged.
On motion of Mr. Parkhill, a committee was appointed consisting
of Messrs. Parkhill, Bryant and Gonzalez to assist in counting the
votes.
The Senate having entered the Hall and occupied the seats pre.
pared for them, the Speaker proceeded to open and publish, in the
presence of both Houses of the General Assembly, the returns of
the election for Governor.
After a careful canvass of all the returns, the Speaker announced
the result to be as follows: The whole number of votes given for
the office of Governor of Florida were 12,108; of which Madison S.
Perry received 6214 votes, and David S. Walker received 5894
votes; whereupon, Madison S. Perry having received the highest
number of votes was declared duly elected Governor of the State of
Florida for four years from the first Monday of October next.
"*The Senate returned to their Chamber.
On motion, the House adjourned until to-morrow, 11;o'clock, A.
M.



FRIDAY, NOV. 28, 1856.
The House met pursuant to adjournment-a quorum present.
The Rev. Mr. Anderson officiated as Chaplain.
The Journal of yesterday's proceedings was read and approved.
The Speaker appointed Messrs. Parkhill, Whitfield and Buffington,









39

a committee to draft rules for the government of the House during
the present session.
The Speaker announced the following Standing Committees:
Committee on Judiciary. On Elections.
Messrs. GETTIS, Messrs. McQUEEN,
BRYANT, BROKAW,
DAVIDSON, HOLMES,
GONZALEZ, DELK,
ARNAU. SLATON.
On Claims. On Federal Relations.
Messrs. WILSON, Messrs. BELLAMY,
COUSINS, BUFFINGTON,
GONZALEZ, ARNAU,
INGRAM, PENN,
MIMS. ROULHAC.
On Agriculture. On Schools and Colleges.
Messrs. WHITFIELD, Messrs. VOGT,
CAMPBELL, DUVAL,
GOLDEN, DAVIDSON,
KNIGHT, POPE,
SMITHSON. KNIGHT.
On Propositions and Grievances. On Internal Improvements.
Messrs. PENN, Messrs. HELVENSTON,
CHAIRS, GETTIS,
NICKS, BRYANT,
BUFFINGTON, WHITFIELD,
POPE. GONZALEZ.
On Corporations. On Enrolled Bills,
Messrs. TAYLOR, Messrs. CHAIRS,
HULL, DAVIDSON,
McLEARY, BUFFINGTON,
IRWIN, TAYLOR,
BUFFINGTON. McQUEEN.
On Finance and Public Accounts. On Engrossed Bills,
Messrs. INGRAM, Messrs. BRYANT,
PARKHILL, DUVAL,
ROULIIAC, FRINK, .
McLEARY, CARTER,
ALFORD. SLATON.









40

"On j.lldia. On Indian Afairs.
Messrs. PARKHILL, Messrs. NICKS,
BRADDOCK, GETTIS,
JOHNSTONofGadsden, VOGT,
JOHNSTON of Sumter, DELK,
HANKINS. ALFORD.
Mr. H. Braddock, Representative from Nassau county, presented
his certificate of election, was duly sworn by C. H. Austin, Esq.,
Justice of the Peace, and took his seat.
The rule being waived, Mr. Gonzalez was permitted to introduce,
without previous notice, a bill to supply the deficiency of the appro.
priation of the last General Assembly,
"Which was placed among the orders of the day.
On motion of Mr. Penn, the Sergeant-at-Arms was instructed to
procure from the Secretary of State, for the use of the members of
the House, a copy of the Constitution, and copies of the Acts and
Journals of the last session of the General Assembly.
Mr. Cousins gave notice that he would, at some future time, ask
leave to introduce a bill to change the present mode of selling State
lands.
On motion of Mr. Parkhill, a Committee was appointed, consist.
ing of Messrs. Parkhill, Whitfield and Delk, to act with a similar
Committee on the part of the Senate, for the purpose of drafting
joint rules for the regulation of the two Houses during the present
session.
Ordered that the same be certified to the Senate.
The Committee appointed to contract for the printing of the pre-
sent session, made the following report:
The Committee appointed to fix the rate of compensation to be
paid for the printing of the General Assembly during its present ses-
sion, ask leave to report:
That they have contracted with James S. Jones for the printing of
the House on the following terms:
For furnishing 500 copies of the Journals, at $2 per page, count.
ing one copy, and & of a cent per 100 words counting 80 copies;
and the same for all other miscellaneous printing, such as bills, re-
ports, &c., &e.
All of which is respectfully submitted.
B. W. BELLAMY, Chairman,
W. E. M. COUSINS,
JOSHUA TAYLOR.
Which was read and concurred in.
The following message was received from his Excellency, the
Governor:










41

EXECUTIVE, CHAMBER, i
STALLAIIASSEE, Nov. 27, 1856.
HON. H. V. SxELL,
Speaker of the House of Representatives :
Sm,-I have this day received from C. H. Austin, Esq., Treasurer,
a communication showing the necessity for an immediate appropri-
ation for the payment of Jurors, State Witnesses, and the expenses
of Criminal prosecutions, a copy of which is herewith presented.-
The General Assembly are respectfully invited to give it their early
consideration. Respectfully,
JAMES E. BROOME.
Which was read, and with the accompanying document referred
to the committee on Finance and Public Accounts.
A bill to supply the deficiency of the appropriation of the last
General Assembly,
Was read the first time, the rule waived, read the second and third
times and put upon its passage, upon which the vote was:
4 Yeas-Mr. Speaker, Messrs. Alford, Arnau, Bellamy, Braddock,
Brokaw, Bryant, Buffington, Campbell, Carter, Chaires, Clyatt,
Cousins, Davidson, Delk, Duval, Fontane, Frink, Gettes, Golden,
Gonzalez, Hankins, Helvenston, Holmes, Hull, Ingram, Irwin, John.
ston of Gadsden, Johnston of Sumter, Knight, McLeary, McQueen,
Mims, Nicks, Parkhill, Penn, Pope, Roulhac, Slaton, Smithson, Tay-
lor, Vogt, Whitfield and Wilson-44.
Nays-None.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
Mr. Parkhill moved that the House adjourn until Monday, 11 o'-
clock, A. M.
Which was not agreed to.
On motion of Mr. Ingram, the House adjourned until to-morrow,
11 o'clock, A. M.



SATURDAY, NOV. 29, 1856.

The House met pursuant to adjournment-a quorum present.
The Rev. Mr. Anderson officiated 'as chaplain.
The reading of the journal of yesterday was dispensed with.
A bill to supply the deficiency of the appropriation of the last
General Assembly, which had passed the House, was transmitted to
- the Senate.
Mr. Ingram gave notice that he would onr some future day ask
6









42

leave to introduce a bill to separate the office of Tax Assessor and
Collector from that of Sheriff in Alachua County.
On motion of Mr. Bellamy, it was ordered that 75 copies of the
.list of Standing Committees be printed for the use of the House.
Mr. Taylor gave notice that he would on some future day ask
leave to introduce a bill to be entitled An act to repeal an act enti-
tled an act to regulate fees of collecting officers in certain cases, ap-
proved January, 1848.
Mr. Clyatt gave notice that he would on some future day ask
leave to introduce a bill to repeal the 4th section of an act entitled
an act authorizing ja Road Tax in Hernando County, approved De-
cember 14, 1855.
Mr. Roulhac gave notice that he would on some future day ask
leave to introduce a bill to change the time of assessing and collec-
ting Taxes in this State and for other purposes.
Mr. Davidson gave notice that he would on some future day ask
leave to introduce a bill to be entitled an act to amend an act enti.
tled an act to incorporate the Town of Quincy, approved February
12, 1837.
Mr. Slaton gave notice that he would on some future day ask leave
to introduce a bill to amend the Constitution of this State so as to
make Ministers of the Gospel eligible to the office of Governor, Sen-
ator, or Member of the House of Representatives.
Pursuant to previous notice, Mr. Cousins introduced a bill to be
entitled An act to change the present mode of selling State Lands,
Which was placed among the Orders of the Day.
Mr. Bryant introduced a resolution asking Congress to grant to
this State the Arsenal at Mount Vernon,
Which was read the first time and ordered to be read a second
time on Monday.
The Committee on Finance and Public Accounts made the fol-
lowlng report:
The Committee on Finance and Public Accounts, to whom was
referred the Message of his Excellency, the Governor, and the com-
munication of the Treasurer relative to -an appropriation for the pay-
ment of jurors and State witnesses, and the expenses of criminal
prosecutions, ask leave respectfully to
REPORT:
That the matter referred to the Committee has already been acted
upon by the House, and they therefore refer the papers back to the
House and asked to be discharged from the further consideration of
the subject.
TILLMAN INGRAM, Chairman.
Which was read and concurred in.










43

TIh Joint Select Committee for the purpose of drafting joint rules
for the government of the two Houses.of the General Assembly,
made the following report:
The Joint Select Committee appointed by the Senate and House
of Representatives to draft and report rules for the government of
the two branches of the General Assembly, beg leave to report the
following joint rules of the General Assembly:
JOINT RULES OF THE GENERAL ASSEMBLY.
RULE 1. Messages from either House to the other shall be sent
by such persons as a sense of propriety in each House may deter-
mine.
RULE 2. After a bill shall have passed both Houses, it shall be
duly enrolled by the Clerk of the House of Representatives, or by
the Secretary of the Senate, as the bill may have originated in one
or the other House.
RULE 3. When a bill or resolution which shall have passed in one
House is rejected in the other, notice thereof shall be given to the
-House in which the same may have been passed.
RULF 4. When a bill or resolution which has been passed in one
House shall be rejected in the other, it shall not be brought in du-
ring the same session without notice of ten days and leave of two-
thirds of that House in which it shall be moved.
RULE 5. Each House shall transmit to the other all papers in
which any bill or resolution shall be founded.
RULE 6. No bill that shall have passed one House shall be sent
for concurrence to the other on either of the last three days of the
session.
RUvL 7. After each House shall have adhered to their disagree.
ment, a bill or resolution shall be lost.
RULE 8. When elections are required to be made by joint vote of
the two Houses, the time of election shall be previously agreed upon.
RULE 9. In every joint committee the member first named on
the House first proposing such committee shall convene the same.
RULE 10. During the election of officers there shall be no mo-
tions entertained, except to adjourn, to proceed to vote, to nominate
and to withdraw a candidate, which motions shall have precedence
in the order they stand.
RULE 11. The doings throughout shall proceed without debate.
RULE 12. Communications shall be made on paper and signed by
the Secretary of each House and transmitted by the Messenger or
Door-Keeper.
RULE 13. In every case of disagreement between the Senate and.
r House of Representatives, either House may suggest conference, and
appoint a committee for that purpose, and the other House shall also
appoint a Committee, to confer at convenient hour to be designa-









44

ted by the Chairman; said Committees shall meet and confer freely
on the subject of disagreement.
RULE 14. Whenever a public bill or resolution is ordered to be
printed for the use of either House, a number shall be ordered suffi-
cient for the use of both Houses, and it shall be the duty of the Sec.
retary of the Senate or Clerk of the House, as the case may be, to
inform the other House of such order, and to transmit to that House
the requisite number of printed copies.
All of which is respectfully submitted.
T. B. LAMAR,
Chairman of Committee on part of the Senate.
G. W. PARKHILL,
Chairman of Committee on part of the House.
Which report was received and the Joint Rules adopted.
Ordered that the same be certified to the Senate.
On motion of Mr. Bellamy, it was ordered that 80 copies of the
Joint Rules be printed for the use of the House.
The following message was received from the Senate:
SENATE CHAMBER, 28th Nov., 1856.
Hon. Speaker of the House of Representatives :
SIR-The Senate has this day appointed Messrs. Lamar, Filor
and Fisher, a Committee to act with a similar committee on the part
of the House for the purpose of drafting rules for the government of
both Houses of the General Assembly.
Very Respectfully,
S. J. PERRY,
Secretary of the Senate.
Which was read.

ORDERS OF THE DAY.
A bill to be entitled An act to change the present mode of selling
State Lands;
Was read the first time, the rule waived, read the second time by
its title, and referred to a select committee consisting of Messrs.
Cousins, Bellamy and Braddock.
On motion, the House adjourned until Monday, 11 o'clock, A. M.


MONDAY, DEC. 1, 1856.

The House met pursuant to adjournment-a quorum present.
The Rev. Mr. Anderson officiated as Chaplain.
The journal of Saturday was read and approved.











Mr. Buffington gave notice that he would on some future day ask
leave to introduce a bill to amend the Road Law applicable to the
County of Duval; also
A supplementary bill to an act entitled an act to provide for tho
relinquishment to the United States in certain cases, of titles to,
and jurisdiction over lands, for sites of light houses, and for other.
purposes, on the coast and waters of the State.
Mr. Alford gave notice that he would on some future day ask leave
to introduce a bill for the relief of Nathaniel Fowler; and also
A bill to reduce the License for the sale of Spirituous Liquors in
the State.
Mr. Smithson gave notice that he would on some future day ask
"leave to introduce a Bill for the relief of the legatees of John Perry,
late of Columbia County, deceased.
Mr. Roulhac gave notice that he would on some future day ask
leave to introduce a bill to amend the act entitled an act to provide
for and encourage a liberal system of Iuternal Improvement in this
State," passed this House 29th Dec., 1854, and approved January
6th, 1855.
Mr. Bryant gave notice that he would at a future day introduce
Bills for the following purposes, viz:
For cleaning out the Oclawaha River for Steam Boat navigation;
For a donation of 160 acres of overflowed and Swamp lands to
actual Settlers thereon ;
To give the County Commissioners of Putnam and Volusia Coun-
ties authority to abolish or establish Election precincts in their res-
pective Counties;
To attach that portion of Putnam County which lies East of the
river St. Johns, including Anzie or Drayton Island to Volusia Coun.
ty, and provide necessary laws incident thereto;
To amend the attachment Laws of the State.
Pursuant to previous notice, Mr. Cousins introduced a bill to be
entitled an act to amend an act to provide for and encourage a lib-
eral system of Internal Improvements in this State, approved January
6th, 1855, so that those Counties and corporate towns that have sub-
scribed for stock in any of the Roads mentioned in said act, may be
required to refund to their citizens respectively, all moneys paid by
them as a Railroad Tax and for other purposes,
Which was placed among the orders of the day.
Mr. Bryant moved that a Committee of three be appointed from
the House to act with a like Committee.from the Senate to examine
into, and report upon, the subject of County lines in the State, and
also to report a Bill to meet any difficulties, if found to exist, in re-
r lation thereto ;
And also to take into consideration the subject of having a Map
of the State prepared under the direction of some State Officer,











Which motion was agreed to, and, on the suggestion of Mr.
Bryant, Messrs. Gettis, Arnau, and Roulhac were appointed said
Committee.
Ordered that the same be certified to the Senate.
Mr. Roulhac gave notice that he would on some future day ask
leave to introduce a bill for the relief ofN. O. J. Staley; Tax Asses-
soa and Collector of Jackson County.
Pursuant to previous notice, Mr. Taylor introduced a bill to be
entitled an act to repeal an act to regulate fees of collecting officers
in certain cases, approved January 8, 1848,
Which was placed among the orders of the day.
Mr. Fontane presented memorials of sundry citizens of Key West
asking that certain colored persons residing in Nassau, may be per-
mitted by law to return to the State of Florida;
Which were read, and on motion of Mr. Penn, laid on the table..
The Committee on Elections made the following report:
The Committee on Elections, through their chairman, beg leave
to make the following
REPORT:
That they have had before them; for their investigation, the contest
of the election held in Brevard County, for Assemblyman, on the 6th
day of October, 1856, to represent said County in the General As-
sembly of this State, which, by the returns made and on file in the
office of the Secretary of State, gives a majority of one vote for D.
F. Jones. The right to hold the seat as representative of said coun-
ty is contested by John S. Heermans on the ground that by the le-
gal votes cast in said county, he was duly elected.
Your committee find that by the returns made by the Board of
Canvassers for said county the whole number of votes cast at said
election was fifteen, and of these the number of eight votes was cast
for D. F. Jones, and the number of seven votes were "received by
John S. Heermans. By the depositions of W. F. Russell and W.
H. Holden, cited before the Clerk of the Circuit Court of said coun-
ty, under notice of contest served on said Jones by contestant, John
S. Heermans, it is proved to the satisfaction of the minds of your
committee, that at said election the number of three illegal votes
were cast, and that these votes were cast for D. F. Jones, which be-
ing deducted from the votes said to have been cast for D. F. Jones,
will leave the number of five votes to said Jones-that John S. Heer-
mans has received a majority of the legal votes cast at said election
for Assemblyman, and is therefore clearly and justly entitled to rep-
resent the County of Brevard in the General Assembly.
All of which is respectfully submitted.
J. W. McQUEEN, Chairman.
Which was read and concurred in.









47

The Committee on Elections made the following report:
The Committee on Elections, to whom was referred the petition
of Wm. G. Mosely, praying that the seat of J. W. Bryant be de-
clared vacant by reason of'the alleged fact that the said J. W. Bry-
ant, at the time of the election was, and up to the time of filing of
the petition is, Postmaster of the United States at Welaka, in Put-
nam county, beg leave to make the following
REPORT:
That the fact that the said Bryant was at the date of the election,
and at the date of his qualification as a member of this House, the
Postmaster at Welaka, holding his office under the authority of the
Federal Government, is admitted. The only question, then, is one
of law, viz: Whether that fact rendered him ineligible to the office
of Representative? On this question your Committee have sought
and obtained the opinions of the Attorney General, which is here-
with'exhibited as part of this report. tBy this opinion it appears that
said Bryant was ineligible at the time of the election; and your
Committee acquiesce in the conclusions of the Attorney General,
and are satisfied with his opinions and arguments. It may be true
that the profits of the office of Postmaster at Welaka may be very
inconsiderable, and by no means sufficient to create the apprehen.
sion that in fact the patronage of the Federal Government derivable
through that office may be improperly used to control the elections
in that county. They do not see, however, that the office is, on that
account, less an office of profit within the meaning of the Constitu-
tion. What amount of profits are necessary to be received in order
to make the office one of profit cannot be practically determined.
If the Postmaster at Welaka is eligible as a Representative, why
not the Postmaster at Tallahassee, or any other place ?
The Committee regret in this case the necessity which compels
them to determine as they do. Their first duty, however, is to main-
tain and support the Constitution.
The Committee therefore recommend the adoption of the follow-
ing rules:
First, That the office of Postmaster under the General Govern-
ment is an office of profit, within the meaning of the Constitution of
this State, so as to render the incumbent [ineligible as a member of
this House. '
Second, That. James W. Bryant, the sitting member from Put-
nam county, is not entitled to a seat as member of this House.
Third, That the seat of Representative in this House from Put..
nam county is hereby declared vacant; that a copy of this resolu-
S tion be transmitted by the Clerk to the Judge of Probate of Putnam
county.
All of which is respectfully submitted.,
J. W. McQUUEEN, Chairman.









48

ATTORNEY GENERAL'S OFFICE,
TALLAHASSEE, Nov. 27th, 1856.
HON. JAME5 W. MCQUEEN,
Chairman Committee on Elections Ho. Rep.:
SIR: You ask me to give you my written opinion as to whether a
'person holding the office of Postmaster under the United States is
eligible as a member of the General Assembly of this State.
The eighth section of the sixth article of our State Constitution
declares, that "no member of Congress or person holding or exer-
cising any office of profit under the United States, or under any for-
eign power, shall be eligible as a member of the General Assembly
of this State, or hold or exercise any office of profit under the State."
The question presents itself, is the office of Postmaster one of profit
in the meaning contemplated by the framers of the Constitution ; for,
if it be, no doubt can exist as to the ineligibility of the person who
holds it. In my judgment, this provision of the Constitution em-
braces all offices to which emoluments are attached as a compensa-
tion for services rendered, and this does not and cannot depend
upon the extent or the amount of the emoluments, or whether the
office at a particular locality is lucrative or not; for, if the question
"were to be controlled by the latter consideration, the operation of
this provision would depend not upon the force of its own terms, but
upon the conflicting ideas of men as to whether certain offices were
or were not lucrative. It may be true that the office of Postmaster
at one locality may be lucrative and profitable whilst at another the
amount of compensation may be trifling and unimportant, though
equal to the service performed, yet how is it possible to separate
them so as to include the one and exclude the other from the opera-
tion of the Constitution ? They both belong to a class of officers
who are clearly ineligible, nor can the one any more than the other
be withdrawn from the operation of the provision by extraneous evi-
dence going to show that by reason of 'circumstances the office. is
not a lucrative one. And if resort were to be had to this extrane-
ous evidence, a difficulty might again arise owing to the differences
in the opinions of men as to what is or is not profitable. In the
opinion of one an office may be profitable, whilst another may con-
sider it otherwise, and thus the constitutional provision would be
made applicable only as the opinions of men should preponderate on
the one side or the other.
Again, if this construction were to prevail, incalculable difficulty
would arise in rendering operative the alternative provision of the
clause which declares all persons holding offices of profit under the
United States ineligible to hold or exercise any office of profit under
the State. I can see no mode of determining the ineligibility in the
latter case otherwise than by referring it in most instances to the
opinion of the incumbent, if it be true that the question is to be de-









49

termined by the extent of the emolument, or by considering whether
the office be a lucrative one or not. A construction of the Consti-
tution leading to such results, I cannot regard as sound or as O6n-
fomable to the intention of its framers.
STo show more clearly the intention of the Convention which
framed the Constitution, I beg leave to refer to the latter clause of
the same section, which provides that no person in this State shall
ever hold two offices of honor or profit at the same time, except the
office of Justice of the Peace, Notary Public, Constable and Militia
officer." Now very great differences might exist in the opinions of
men, as to whether the offices of Justice of the Peace, Notary Puba
lic, &c., are profitable or lucrative, and in most cases the emolu-
ments are really trifling. Yet it must be manifest, that the framers
of the Constitution considered them as included in the terms office
of profit," or else they would not by special provision have excepted
them from the operation of the clause. The exception was inserted
because they must have considered that without it no person would
be entitled to hold the offices of Justice of the Peace, NotarjrPublic,
&c., whilst at the same time holding any office to which emoluments
were attached.
For these reasons, I am of opinion that a person holding the office
of Postmaster under the United States, is ineligible as a member of
the General Assembly.
I am, very respectfully, &e.i
M. D. PAPY.
Which was read.
Mr. Bellamy moved that the Report be laid upon the table until
the 23d instant, upon which the yeas and nays were called for by
Messrs. Bellamy and Ingram, and were as follows:
Yeas-Messrs. Alford, Bellamy, Braddock, Buffington, Clyatt,
Cousins, Davidson, Delk, Golden, Hankins, Hull, Knight, Mims,
Nicks, Pope, Roulhac, Slaton, Smithson, Taylor and Whitfield-20;
Nays-Mr. Speaker, Messrs. Arnau, Brokaw, Campbell, Carter,
Chaires, Duval, Fontane, Frink, Gettis, Gonzalez, Helverston,
Holmes, Ingram, Irwin, Johnston of Sumter, McLeary; McQueen
Parkhill, Penn and Vogt-21.
So the motion was not agreed to.
On motion of Mr. Bellamy, the further consideration of the re-
port and resolutions was postponed until to-morrow.
The Select Committee on Rules made the following Report:
The Select Committee appointed to draft rules for the govern-
iment of the House beg leave to
REPORT:
That the Committee have had the same tinder consideration and
"7









50

instruct their Chairman to report the following Rules and recom-
mend their adoption.
STANDING RULES OF THE HOUSE.
RULE 1. The Speaker shall take the Chair every day, precisely
at the hour to which the House shall have adjourned on the proceed.
ing day; shall immediately call the members to order, and on the
appearance of a quorum, shall cause the Journal of the preceding
day to be read.
2. He shall preserve order and decorum; may speak to points of
order in preference to other members, rising from his. seat for that
purpose ; and shall decide questions of order, subject to an appeal
to the House by any two members ; on which appeal no member
shall speak more than once, unless by leave of the louse.
3. He shall rise to put the question, but may state it sitting.
4. No member shall speak to any other, or otherwise interrupt
the business of the House, or read any newspaper, or other paper
while the Journals or other public papers are being read, nor pass
between the Speaker and any other member who may be addressing
the House.
5. Every member, when he speaks, shall address the Chair, stand.
ing in his place, and when he has finished shall sit down; nor shall
any member speak more than 'twice on any one subject without
leave of the House.
6. When two or more members shall rise at the same time, the
Speaker shall name the person entitled to proceed.
7. When a member shall be called to order, he shall sit down un-
til the Speaker shall have determined whether he is in order or not;
and every question of order shall be decided by the Speaker, without
debate, subject to an appeal to the House.
8. If a member shall be called to order for words spoken, the ex-
ceptionable words shall be immediately taken down in writing by
the person objecting, that the Speaker may be better able to judge
of the matter.
9. No member shall absent himself from the service of the House
without leave of the House; and in case a less number than a quo-
rum shall convene, they are hereby authorized to send the Sergeant-
at-Arms for (any or) all absent, members, as the Majority of such
members present shall agree, at the expense of such absent members
respectively, unless such excuse for non-attendance shall be made as
the House (when a quorum is convened) shall judge sufficient.
10. No motion shall be debated until the same shall be reduced
to writing, delivered in at the table, read and seconded.
11. When a question is under debate, no motion shall be received
but to adjourn, to lay it on the table, to postpone indefinitely, to,










51

postpone to a certain day, to commit or to amend; which several
motions shall have precedence in the order in which they stand ar-
ranged; and the motion for adjournment shall always be in order,
and the motions to adjourn or lay on the table shall be decided
without debate.
12. If the question in debate contains several points, any member
may have the same divided.
13. In filling up blanks, the largest sum and longest time shall
be first put in.
14. When the reading of a paper is called for, and the same is
objected to by any member, it shall be determined by vote of the
House, without debate.
15. When the yeas and nays shall be called for by two of the
members present, every member within the bar of the House at the
time the question was put by the Speaker, shall (unless for special
reasons he be excused by the House) declare openly and without
debate his assent or dissent to the question. In taking the yeas and
nays, and upon the call of the House, the names of the members
shall be taken alphabetically, and the Speaker shall in all cases vote
first.
16. No member shall be permitted to vote on any qtiestion who
was without the bar of the House at the time the question was put,
unless by consent of the House, and no motion to permit such mem-
ber to vote, shall be in order, unless it shall be made before the
House shall proceed to other business.
17. Cn a motion made and seconded to shut the door of the House
in the discussion of any business, in which discussion the public
safety may, in the opinion of the House, imperiously require secre-
cy, the- House shall direct the Speaker to cause the l4bby to be
cleared, and during the discussion of such business, the door shall
remain shut, and no person shall be admitted except by special or-
der of the House.
18. The following order shall be observed in taking up the busi-
ness of the House, viz: 1st, motions; 2d, petitions, memorials, and
other papers addressed either to the House or to the Speaker there-
of; 3d, resolutions; 4th, reports of Standing Committees; 5tb, re-
ports of Select Committees; 6th, messages from the Senate lying
on the table; and lastly, orders of the day.
19. When a question has been once made and carried in the affir-
mative or negative, it shall be in order for any member of the ma-
jority to move for a re-consideration thereof; but no motion for the
re-consideration of any vote shall be in order after a bill, resolution,
message, report, amendment, or motion upon which the vote was
taken, shall have gone out of the possession of the House, announe-
.ng their decision ; nor shall any motion for r .-c..,- I. li.. l i be in


i *









52

.order unless made on the same day on which the vote was taken, or
within the two next days of the actual session of the House thereaf-
ter.
20. All questions shall be put by the Speaker of the House, and
tbe members shall signify their assent or dissent, by answering viva
voce, yea or nay, and in the event of a tie, the question shall be de-
,cided in the negative.
21. The Speaker of the House, or the Speaker pro ter., shall
have the right to name a member to perform the duties of the Chair,
but such substitution shall not extend beyond an adjournment.
22. Before any petition, memorial, or other paper, addressed eith-
er to the House or the Speaker thereof, shall be received and read
at the table, whether the same be introduced by the Speaker or a
member, a brief statement of the contents of the petition, memorial,
,or other paper, shall be made by the introducer.
23. One day's notice at least shall be given of an intended motion
for leave to bring in a bill, and no bill shall be written or printed
.except by express order of the House.
24. Every bill and all resolutions of a public nature, or for the ap.
,propriation of the public money, shall receive three readings previous-
ly to the final passage of such bill or resolutions, and the Speaker
shall give notice at each whether it be the first, second, or third read-
ing; which readings shall be on three different days, unless four-
,fifths of the members shall otherwise direct.
25. At the second reading of any bill or resolution, it shall be in
order for any member to move its commitment to a Committee of
.the whole House; that it lay on the [table; for its indefinite post-
ponement; for its postponement to a day certain, not beyond the
.session; for its commitment to a standing Committee; to a Select
Committee; or to amend; which motions shall have precedence in
the order above stated.
26. It shall not be in order to amend the title of any bill or reso-
Jution until it shall have passed its third reading.
27. The titles of bills, and such parts thereof only as shall be af-
fected by proposed amendments, shall be inserted on the journals.
28. The following Standing Committees, to consist of not less
.than five members each, shall be appointed by the Speaker at the
commencement of each session, with leave to report, by bill or
otherwise, viz: A Committee on the Judiciary; a Committee on the
Militia; a Committee on Finance and Public Accounts; a Commit-
:tee on Claims; a Committee on Schools and Colleges; a Commit-
-tee on Internal Improvements; a Committee on Enrolled Bills and
Engrossed Bills; a Committee on Elections; a Committee on Pro.
ro-iti.'ns and Grievances; a Committee on Federal Relations; a









53

Committee on Corporations; a Committee on Indian Affairs, and a
Corrmittee on Ag.riculture.
29. All confidential communications made by the Governor to
the House, and all business in the consideration of which the injunc-
tion of secresy shall have been imposed, shall be by the members
thereof kept secret, until the House by its resolution shall take off
the injunction of secresy.
30. Each member of Select Committees shall, with their Chair-
iaan, sign every report made to the House, if they concur therein.
31. Messages may be received at any stage of the business, ex.
cept while a question is being put, or while the yeas and nays are
being called.
32. The Governor and Secretary and members of the Senate,
shall be admitted to a seat within the bar of the House, and any
other person shall be admitted in like manner, upon being invited by
a member.
33. The Clerk, Sergeant-at-Arms and Door-Keeper shall be seve-
rally sworn by a judicial officer of the State, well and faithfully to
discharge their respective duties, and to keep secret the proceedings
of the House, when sitting with closed doors.
34. All acts, addresses and joint resolutions shall be signed by
the Speaker; and all writs, warrants and subpoenas issued by order
of the House, shall be under his hand and seal, and attested by the
Clerk.
35. In case of any disturbance or disorderly conduct in the lobby,
the Speaker or Chairman of the Committee of the Whole House,
shab have power to order the same to be cleared.
36. Reporters wishing to take down the debates and proceedings,
may be 'admitted by the Speaker, who shall assign such places to
them on the floor, or elsewhere, as shall not interfere with the con-
*venienee of the House.
37. No member shall vote on the question in the event of which
"%ie may have a private or personal interest.* -
38. After a motion is stated by the Speaker or read by the Clerk,
:it shall be deemed in possession of the House, but may be with.
.drawn at any time before a decision or amendment.
39. The previous question shall be in this form: "Shall the main
Question be now put?" and shall 'be decided by a majority of the
,members present, without debate; and until it is decided it shall pre.
elude all amendments, and further debate of the main question.
40. When a question is postponed indefinitely, the same shall not
be acted upon again during the session.
41. No motion or proposition on a subject different from that
a under consideration, shall be admitted under color of amendment.
42. T-e unfinished business in which the House was engaged at









54

the adjournment, shall have the preference in the orders of the day
and no motion on any other business shall be received without spe-
cial leave of the House, until the former is disposed of.
43. Upon the call of the House, the names of the members shall
be called over by the Clerk and the absentees noted; after which,
the names of the absentees shall again be called over, the doors
shall then be shut, and those for whom no excuse or insufficient ex-
cuses are made, may, by order of those present, be taken into cus-
tody as they appear, or may be sent for and taken into custody
wherever to be found by the Sergeant-at-Arms.
44. When a member shall be discharged from custody and admit-
ted to his seat, the House shall determine whether such discharge
shall be with or without paying fees.
45. It shall be the duty of the Committee of Elections to examine
and report upon the certificates of election, or other credentials, of
the members returned to serve in this House, and to take into their
consideration all such petitions and other matters touching elections
and-returns as shall or may be presented or come into question, and
be referred to them by the House.
46. No committee shall sit during the sitting of the House, with-
out special leave.
47. All bills ordered to be engrossed, shall be executed, in a fair,
round hand, and without erasures or interlineations.
48. Before a bill or resolution requiring three readings shall be
read the third time, it shall be carefully engrossed under the direc-
tion of the Clerk and upon the third reading of the bill or resolution,
it shall not be committed or amended without the consent of three
fourths of the House.
49. No amendment, by way of rider, shall be received to any bill
on its third reading.
50. When a bill or resolution shall have passed its third reading
it shall be certified by the Clerk, endorsing thereon the day of its
Spagsage, and be transmitted to the Senate accompanied with a mes-
sage stating the title of the bill or resolution and asking the concur-
rence of that body, and its transmission shall be entered upon the
Journal.
51. Bills committed to a committee of the whole House shall be
first read throughout by the clerk, and then again read and debated
by clauses, leaving the preamble to be last considered; the body of
the said bill shall not be interlined and defaced, but all amendments,
noting the page and line, shall be duly entered by the clerk on a sep.
arate paper, as the same shall be agreed to by the committee, and so
reported to the House. After report, the bill shall again be subject
to be debated and amended by clauses.
52. It shall be in order for the Committee on Enrolled and En-
grossed Bills to report at any time.












53. Messages shall be transmitted to the Governor and Senate by
the Door-keeper, unless otherwise directed by the House.
54. No bill shall be introduced into the House on the last week
of the session, nor shall the above rules, or any of them, be rescind-
ed or suspended, unless three-fourths of the members present so
direct.
55. That upon the adjournment of the General Assembly the
Clerk of the House shall be required to file in the office of the Sec-
retary of State all papers on file with him relating to unfinished
business, all original papers and Journals of the House, and that he
be required to obtain a certificate from the Secretary of State that
such has been done and file the same with the Treasurer before re-
ceiving his compensation.
G. W. PARKHILL, Chairman,
SAM. BUFFINGTON,
GEO. WHITFIELD.
Which Report was received, and the Rules adopted.
Ordered, that 80 copies of the Rules be printed for the use of the
House.
The following Message was received from the Senate:
SENATE CHAMBER, 29th Nov., 1856.
Hon. Speaker of the House of Representatives :
SIn-The Senate has adopted the Joint Rules reported by the
Joint Committee appointed to draft rules for the government of both
Houses. Very Respectfully,
S. J. PERRY,
Secretary of the Senate.
Which was read.

ORDERS OF THE DAY.

Resolution asking Congress to grant to the State of Florida the
Arsenal at Mount Vernon,
Was read the second time and ordered to be engrossed for a
third reading on to-morrow.
A bill to be entitled An act to amend An act to provide for andi
encourage a liberal system of Internal Improvements in this State,.
approved January 6, 1855, so that those Counties and coporatoc
towns that have subscribed for stock in any of the roads mentioned
in said act,,may be required to refund to their citizens respectively
all moneys paid by them as a Rail Road Tax, and for other purpo.
ses,
Was read the first time, and ordered to be read a second time on.
to-morrow.
A bill to be entitled An act to repeal An act entitled An act tor










56

regulate fees of collecting officers in certain cases, approved 8 Janua-
ry, 1848,
Was read the first time and ordered to be read a second time on
to-morrow.
On motion the House adjourned until to-morrow, 11 o'clock, A.
M.




TUESDAY, DEC. 2, 1856.
The House met pursuant to adjournment-a quorum present.
The Rev. Mr. Anderson officiated as Chaplain.
On motion, the reading of the journal of yesterday was dispensed
with.
Mr. Ingram gave notice that he would on some future day ask
leave to introduce a bill to change the mode of summoning and em-
panelling petit jurors in this State.
On motion of Mr. Cousins, Mr. Slaton was excused from attend-
ance on the House, on account of sickness.
On motion, the rule was waived, and Mr. Buffington was permit
ted to introduce without previous notice a bill to be entitled An aet
amendatory of the act to prevent the abduction and escape of slaves
from this State, approved January 1855,
Which was placed among the orders of the day.
Mr. McLeary gave notice that he would on some future day ask
leave to introduce a bill to establish a Ferry across the Suwannee
River.
Mr. Clyatt gave notice that he would on some future day ask
leave to introduce a bill to amend the Road Laws of this State;
especially to refer to the citizens of Levy county who reside upon
Cedar Keys.
Mr. Fontane gave notice that he would on some future day ask
leave to introduce a bill to relinquish the right of the State to all
submerged lands and water privileges within its boundaries, for the
benefit of commerce and for other purposes.
Mr. Nicks gave notice that he would on some future day ask leave
to introduce a bill to repeal an act authorizing a Road Tax in Her-
nando County, approved Dec. 14, 1855.
Pursuant to previous notice, Mr. Ingram introduced a bill to be
entitled an Act to separate the office of Tax Assessor and Collector
from that of Sheriff in Alachua County,
*Which -was placed among the orders of the day.
Mr. Smithson gave notice that he would on some future day ask












leave to introduce a bill to aiiend the laws in reference to sales by
Auctioneers; also,
A bill to authorize William H. Watson to establish a Ferry across
the Suwannee River at the Town of Columbus, in Columbia County.
Mr. Heermans, Representative from Brevard County, was duly
sworn by C. H. Austin, Esq., Justice of the Peace, and took his
seat.
On motion of Mr. Parkhill, the Joint Rules of the General Assem-
bly were referred back to the Joint Select Committee.
Pursuant to previous notice, Mr. Roulhac introduced a bill to be
entitled An Act for the relief of N. O. J. Staley, Tax Assessor and
Collector of Jackson County,
Which was placed among the orders of the day.
Pursuant to previous notice, Mr. Gonzalez introduced a bill to be
entitled An Act to incorporate the Perdido Railroad Company,
Which was placed among the orders of the day.
Mr. Heermans gave notice that he would on some future day ask
leave to introduce a bill to provide for the construction of a Naviga-
ble Canal connecting the waters of St. Johns and Indian Rivers.
Mr. Hull presented the petition of the widow of Ephraim Guann
asking the passage of an act authorizing the sale of certain lands,
accompanied by a petition from certain citizens of Duval County
asking that her prayer be granted,
Which was read and referred to the Committee on Propositions
and Grievances.
The following message was received from the Senate:
SENATE CHAMBER,
TALLAHASSEE, December 1, 1856.
Hon. Speaker of the
House of Representatives:
SIR-The Senate has passed the following bills, viz:
A bill to be entitled an act for the relief of William Hickman, of
Putnam County;
A bill to be entitled an act to authorize Arthur Macon to assume
the management of his own estate;
House bill to supply the deficiency of the appropriation of the last
General Assembly.
Respectfully,
S. J. PERRY,
Secretary of the Senate.
Which was read, and the accompanying House bill ordered to be
enrolled, and the Senate bills placed among the orders of the day.
The Committee on Claims made the following report:
The Committee on Claims, to whom was referred the petition of
Dr. George D. Fisher, beg leave to
8












REPORT:
That having had the same under consideration, they find that the
only obieation urged for refusal of payment, was, that there was not
at the time of performing the services mentioned in said petition, any
law authorizing the Comptroller to audit and allow such claims.
'he conmirttee, therefore, respectfully report the following bill for
relief of said petitioner, and ask to be discharged.
J. M. WILSON,
Chairman.
Which was received and read, and the accompanying bill placed
among the orders of the day.

ORDERS OF THE DAY.
The report of the Committee on Elections in the case of the con-
tested seat from Putnam County, came up in order.
Mr. Whitfield moved that the report be postponed and made the
special order of the day for Wednesday, the 10th instant;
Upon which motion, the yeas and nays were called for, and were
as follows:
Yeas-Mr. Speaker,; 1 -Mi: -. Alford, Bellamy, Buffington, Carter,
Clyatt, Cousins, Davidson, Delk, Duval, Golden, Hankins, Heer-
mans, Hull, Knight, Minis, Nicks, Pope, Roulhae, Smithson, Whit-
field and Wilson-22.
Nays-Messrs. Arnau, Braddock, Brokaw, Campbell, Chaires,
Fontane, Frink, Gettis, Gonzalez, Helvenston, Holmes, Ingram, Ir-
win, Johnston of Sumter, McLeary, McQueen, Parkhill, Penn and
Vogt-19.
So the motion was agreed to, and said Report was postponed, and
made the special order of the day for Wednesday, the 10th instant.
A bill to be entitled An act to amend An act to provide for and
encourage a liberal system of Internal Improvements in this State,
approved January 6, 1855, so that those counties and corporate
towns that have subscribed for stock in any of the roads mentioned
in said act, may be'required to refund to their citizens respectively
all moneys paid by them as a Rail Road Tax, and for other purpo-
ses,
Was read the second time, and referred to the Committee on In-
ternal Improvements, and 80 copies thereof ordered to be printed
for the use of the House.
A bill to be entitled an act to repeal an act entitled an act to re-
gulate fees of collecting officers in certain cases, approved 8th Jann-
ary, 1848,
Was read the second time and referred to. the Committee on the
Judiciary.












A bill to be entitled an act amendatory of the act to prevent the
abduction and escape of slaves from this State, approved January,
1855,
Was read the first time, and, the rule being waived, read the se-
cond time by its title.
Mr. Arnau moved that the bill be referred to the Judiciary Com-
mittee,
Which was not agreed to.
On motion said bill was ordered to be engrossed for a third read-
ing on to-morrow.
A bill to be entitled an act to separate the office of Tax-Assessor
and Collector from that of Sheriff in Alachua county,
Was read the first time and ordered to be read a second time on
to-morrow.
A bill to be entitled an act for the relief of N. O. J. Staley, Tax-
'Assessor and Collector of Jackson county,
Was read the first time, the rule waived, read the second time by
its title and referred to the Committee on Claims.
A bill to be entitled an act to incorporate the Perdido Railroad
Company,
Was read the first time, the rule waived, read the second time by
its title and referred to the Committee on Corporations.
Senate bill to be entitled an act for the relief of William H. Hick-
man of Putnam county,
Was read the first time and ordered to be read a second time on
to-morrow.
Senate bill to be entitled an act to empower Arthur Macon, a
minor, to assume the management of his own estate,
Was read the first time and ordered to be read a second time on
to-morrow.
A bill for the relief of Dr. George D. Fisher,
Was read the first time, the rule waived, read the second time by
its title and ordered to be engrossed for a third reading on to-mor-
row.
The following message was received from his Excellency, the
Governor:
EXECUTIVE DEPARTMENT,
TALLAHASSEE, Dec. 2nd, 1856.
HoN. H. V. SNELL,
Speaker of the House of Representatives:
SIR: Accompanying this communication you will receive a copy
of an act of Congress entitled An Act granting public lands in al-
ternate sections to the States of Florida and Alabama, to aid in the
construction of certain railroads in said States."
Action by the General Assembly may be necessary to secure its









60

benefits and carry out its provisions. You will please communicate
it to the House over which you preside.
Respectfully,
JAMES E. BROOME.

An Act granting Public Lands, in alternate sections, to the States
of Florida and Alabama to aid in the construction of certain Rail-
roads in said States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That there be and
is hereby granted to the State of Florida, for the purpose of aiding
in the construction of railroads from St. John's River, at Jackson-
ville, to the waters of Escambia Bay, at or near Pensacola; and
from Amelia Island on the Atlantic, to the waters of Tampa Bay,
with a branch to Cedar Key, on the Gulf of Mexico; and also a rail-
road"from Pensacola to the State line of Alabama, in the direction
of Montgomery, every alternate section of land designated by odd
numbers, for six sections in width on each side of each of said roads
and branch. But in case it shall appear that the United States have,
when the lines or routes of said roads and branch are definitely
fixed, sold any sections, or any parts thereof, granted as aforesaid,
or that the right of pre-emption has attached to the same, then it
shall be lawful for any agent or agents to be appointed by the gov-
ernor of said State, to select, subject to the approval of the Secre'
tary of the Interior, from the lands of the United States nearest to
the tiers of sections above specified, so much land in alternate sec-
tions or parts of sections, as shall be equal to such lands as the Uni.
ted States have sold, or otherwise appropriated, or to which the
rights of pre-emptiou have attached as aforesaid; which lands (thus
selected in lieu of those sold and to which pre-emption rights have
attached as aforesaid, together with the sections and parts of sec-
tions designated by odd numbers, as aforesaid, and appropriated as
aforesaid,) shall be held by the State of Florida for the use and pur-
pose aforesaid: Provided that the land to be so located shall in no
case be further than fifteen miles from the lines of said roads and
branch, and selected for and on account of each of said roads and
branch: Provided further, That the lands hereby granted for and
on account of said roads and branch, severally, shall be exclusively
applied in the construction of that.road or branch.for and on account
of which such lands are hereby granted, and shall be disposed of only
as the work progress, and the same shall be applied to no other
purpose whatsoever: And provided further, That any and all lands
heretofore reserved to the United States by any act of Congress, or
in any other manner by competent authority, for the purpose of aid-
ing in any object of internal improvement, or for any other pa'-









l61

pose whatsoever, be, and the same are hereby, reserved to the Uni.:
ted States from the operation of this act, except so far as it may be
found necessary to locate the routes of said railroads or branch
through such reserved lands; in which case the right of way only
shall be granted, subject to the approval of the President of the Uni-
ted States.
Sec. 2. And be it further enacted, That the sections and parts of
sections of land which, by such grant, shall remain to the United
States within six miles on each side of said roads and branch, shall
not be sold for less than double the minimum price of the public
lands when sold ; nor shall any of said lands become subject to pri-
vate entry until the same have been first offered at public sale at the
increased price.
SEc. 3. And be it further enacted, That the said lands hereby
granted to the said State shall be subject to the disposal of the leg-
islature thereof for the purposes aforesaid, and no other; and the
said railroads and branch shall be and remain public highways for
the use of the government ot the United States, free from toll or
other charge upon the transportation of any property or troops of
the United States.
SEC. 4. And.be it further enacted, That the lands hereby granted
to said State shall be disposed of by said State only in manner
following, that is to say: that a quantity of land, not exceeding one
hundred and twenty sections for each of said roads and branch and
included within a continuous length of twenty miles of each of said
roads and branch may be sold; .and when the governor of said
State shall certify to the Secretary of the Interior that any twehty
continuous miles of any or either of said roads or branch, is com-
pleted, then another quantity of land hereby granted, not to exceed
one hundred and twenty sections for each of said roads or branch
having twenty continuous miles completed as aforesaid, and inclu-
4ded within a continuous length of twenty miles of each of such
roads or branch, may be sold; and so, from time to time, until said
roads and branch are completed; and if any or either of said roads
or branch is not completed within ten years, no further sales shall
be made, and the lands unsold shall revert to the United States.
SEC. 5. And be it further enacted, That the United States mail
shall be transported over said roads and branch, under the direction
of the Post Office Department, at such price as Congress may, by
law, direct: Provided, That until such price is fixed by law, the
Postmaster General shall have the power to determine the same. .
SEC. 6. And be it further enacted, That a similar' grant of alter-
nate sections of public land is hereby made to the State of Alabama,
to aid in the construction of a railroad from Montgomery, in said
State, to the boundary, line between Florida and Alabama, in the
direction of Pensacola, and to connect with the road from Pensaco,










62

la to said line, upon the same terms and conditions in all respects
as are hereinbefore prescribed for the grant to Florida.

Which was read.
Ordered, that 80 copies of the message and accompanying docu-
ment be printed for the use of the House.
On motion, Mr. Heermans was added to the Committee on Inter-
nal Improvements.
On motion of Mr. Bellamy, the Messenger was instructed to furn-
ish copies of the Sentinel" and Floridian and Journal" to the
members of this House during the present session.
On motion, the House adjourned until to-morrow, 11 o'clock, A.
M.



WEDNESDAY, DEC. 3, 1856.

The House met pursuant to adjournment-a quorum present.
The Rev. Mr. Anderson officiated as Chaplain.
On motion, the reading of the Journal of yesterday was dispensed
with.
Mr. Penn moved that the office of Door-Keeper and Messenger be
divided, and that the House now proceed to elect a Messenger,
Which motion was not agreed to.
Mr. Vogt gave notice that he would, on some future day, ask leave
to introduce a bill for the release of sureties of Sheriffs and Tax-
Collectors in certain cases.
Mr. Helvenston gave notice that he would, on some future day,
ask leave to introduce a bill to change the pay of Grand and Petit
Jurors.
Mr. Davidson gave notice that he would, on some future day, ask
leave to introduce a bill to amend an act entitled an act to organize
the county of Liberty, approved Dec. 15, 1855.
Mr. Helvenston gave notice that he would, on some future day,
ask leave to introduce a bill increasing the pay of Sheriffs for exe-
cuting the venirefacias, and for other purposes.
Mr. Buffington gave notice that he would, on some future day,
ask leave to introduce bills for the following purposes, viz:
To change the name of Sarah A. Falana; and,
STo change the name of Julia E. Falana, and for other purposes.
Pursuant to previous notice, Mr. McLeary introduced a bill to be
.entitled an act to authorize Richard Ellison to establish a ferry on
the Suwannee River,
Which was placed among the orders of the day.










63

Pursuant to previous notice, Mr. Buffington introduced a bill to
amend the road law applicable to the county of Duval,
Which was placed among the orders of the day.
Pursuant to previous notice. Mr. Smithson introduced a bill to be
entitled an act to authorize William H. Watson to establish a ferry
across the Suwannee and Withlacoochee Rivers,
Which was placed among the orders of the day.
The following Protest was made and ordered to be spread upon
the Journals:
The undersigned Representatives Protest against the action of the
majority of this House in postponing the consideration of the resolu-
tions reported by the Committee on Elections, to whom was referred
the memorial of William G. Moseley contesting the right of J. W.
Bryant to hold his seat as the representative from Putnam County,
and desire that their reasons for this Protest may be entered at length
on the Journals, to which end they assign the following:
1st. Because the resolutions reported by the Committee declare it
to be unconstitutional for the said Bryant to hold his seat on account
of his ineligibility as a representative, which, if true, requires the im-
mediate action of the House to save the Constitution from infrac-
tion.
2d. Because by postponing the consideration of said resolutions,
members are prevented from at once expressing their opinions on a
question involving the violation of the Constitution.
3d. Because if the said Bryant is ineligible to a seat, the postpone-
ment of the consideration of said resolutions is in effect to permit the
said Bryant to continue in his seat contrary to the Constitution of
the State.
J. W. McQUEEN, JOHN FRINK,
P. B. BROKAW, JAMES GETTIS,
G. W. PARKHILL, TILLMAN INGRAM,
J. W. JOHNSTON, PAUL ARNAU,
D. A. VOGT, F. B. IRWIN,
H. L. BRADDOCK, P. J. FONTANE,
SIMEON HELVENSTON, J. P. PENN,
C. GONZALEZ, C. P. CIIAIRES.
E. P. IIOLMES,,
Pursuant to previous notice, Mr. Gonzalez introduced a bill to be
entitled an act concerning the Judge of Probate of Escambia Coun-
ty,
Which was placed among the orders of the day.
Pursuant to previous notice, Mr. Alford introduced a bill to be en-
titled an act to amend an act entitled an act to amend the several
acts concerning Licenses to retail Spirituous Liquors, approved Jan-
uary 8, 1853,
Which was placed among the orders of the day..









64

Mr. Gettis presented the petition of sundry citizens of South Floir
ida, asking that certain persons residing on the Frontier be allowed
pay, &c., during the time they were engaged in defending their homes
and families,
Which was read and referred to the Committee on Claims.
On motion of Mr. Taylor, leave of absence was granted to Mr.
Whitfield for to-day.
Mr. Hankins introduced a Resolution asking Congress to estab-
lish a Mail Route,
Which was placed among the orders of the day.
The Committee on Engrossed Bills made the following report:
The Committee on Engrossed Bills ask leave to report as correct-.
ly engrossed the following bills and resolutions, viz :
"A bill for the relief of Dr. George D. Fisher;
"A bill to be entitled an act amendatory of the act to prevent the
abduction and escape of slaves from this State, approved January
18, 1855; and
Resolutions relative to obtaining from the U. S. the Arsenal at
Mount Vernon, either by assignment or purchase.
J. W. BRYANT, Chairman.
The Committee on Enrolled Bills reported as correctly enrolled
an act to supply the deficiency of the appropriation of the last Gen-
eral Assembly.
The Committee on Elections made the following report:
The Committee on Elections, to whom was referred the papers
and documents relative to the contested seats of the Representatives
of Gadsden county, beg leave to
REPORT:
That it appears |by the apportionment bill of the last session that
there was apportioned to the county of Gadsden three Representa-
tives; that afterwards the county of Liberty was cut off from Gads.
den county, but no provision was made in reference to the Repre-
sentation from Gadsden or Liberty-indeed, from an inspection of
the law organizing Liberty county, it would seem that the intention
was simply to separate it from Gadsden for judicial purposes princi-
pally, and that, so far as the representation is concerned, they re-
mained as before, and upon this construction of law an election for
representative was ordered. It was, however, in the opinion of the
Committee, the duty of the Judges of Probate in each of the said coun-
ties to order an election in his own county, and the duty of the inspec-
tors to make returns to the Judge of Probate of the county in which
the precincts were situated. The Judge of Probate of Liberty acted
upon this construction, but the Judge of Probate of Gadsden sup.
posed it to be his duty to appoint inspectors in both Gadsden and
liberty counties.












The Coimmittee are of opinion, that in appointing inspectors in.
Liberty county the Judge of Probate of Gadsden committed an
error and transcended his power, although not designing to do so,
and supposing that he had not only the power but that it was his
duty to do so. It also appears that inspectors in Liberty county
duly made returns to the Judge of Probate of that county; and it
also appears that the inspectors at two precincts in Liberty also
nade return to the Judge of Gadsden county, which were counted
in the canvass by the canvassers of Gadsden, by which means the
votes at these two precincts were counted twice, once by the Judge
of Probate of Liberty and once by the Judge of Probate of Gads-
den. In the opinion of the Committee, the votes of these two pre-
cincts should be stricken out in the count of the votes of Gadsden
county, because the candidates had the benefit of. them in the can-
vass made by the Judge of Probate of Liberty county. These two
precincts are known as Gregory's Mill and Estifinulga. Throwing
out these two precincts in counting the vote for Gadsden county arid
including them in counting the vote of Liberty, the result would, in
the two counties, be as follows:
For J. M Wilson, 458 votes.
A. K. Allison, 459
H. M. Derrick, 350
R. H. M. Davidson, 451
M. M. Johnston, 440
[Lewis Gregory, 438
There can be no manner of doubt as to the election of J. M. Wil,
son and H. M. Derrick, and it is also apparent that M. M. Johnston
and Lewis Gregory were not elected, and that the two former are
entitled to seats, whilst the two latter are not entitled as Represen-
tatives from the Counties mentioned. A question, however, occurs,
as to whether R. H. M. Davidson is entitled to sit.as one of the Rep-
resentatives allotted to Gadsden under the last apportionment. It
will be seen that by the result above set forth, the said Davidson has
one vote more than A. K. Allison, who was also voted for as a Rep-
resentative. But it appears from the evidence before the Committee,
that the 'Judge of Probate and canvassers for Gadsden County, re.
ejected the returns from Strickland's Mill precinct in Gadsden County,
at which A. K. Allison received a majority of one. vote, on the fol-
lowing grounds:
"1st. That neither the name of the county nor that of the precinct
were stated in any part of the return sent to this office.
2nd. That there was no evidence before the board of canvassers
that the inspectors who held said election at said precinct, had been
sworn.
3d. That the poll-book had was not signed or certified to by the
inspectors as by law required.
9









66

4th. That the certificate of the result of the election was uncertain
and otherwise informal, in this, that said certificate did not state or
or certify that the votes cast at said precinct were given for any
known person.
5th. That the documents sent up as returns from said precinct did
not purport on their face to be the returns from any precinct in
Gadsden."
It also appears by the evidence of J. R. Pridgen, who was one of
the regularly appointed inspectors at said precinct, that the persons
who acted as inspectors threat were sworn each by the other, there
being no Justice of the Peace, or other officer authorized to adminis-
ter oaths present. That the omission to fill the blanks in the certifi-
cate with name of the County, and to state the whole number of
votes given, was inadvertent and was not designed or intended as a
fraud, and that said election was conducted fairly, and the return
made to the Judge of Probate of Gadsden County by himself on the
day after the election. The said Pridgen also testifies that there
were nine votes cast at said precinct, and that H. M. Derrick re-
ceived five votes, J. M. Wilson received seven votes, A. K. Allison
received five votes, Lewis Gregory received two votes, R. H.
M. Davidson received four votes, and M. M. Johnston received
four votes. The general election law approved January 6th,
1853, provides "that no return shall be rejected for informality
in the certificate without there is clear indication of fraud in
the proceedings." This law was enacted doubtless upon the princi-
ple that the electors should not be disfranchised on account either of
inadvertence or informality arising either from ignorance or design
in inspectors, otherwise the whole elective franchise might depend
upon the conduct of inspectors who might designedly make informal
returns, with the view of vitiating an election. Nothing but fraud in
the proceedings can justify the rejection of the returns.
This being the law, and as your Committee believe a sacred prin-
ciple, which should govern this House in determining such questions,
they are or opinion that as upon the face of the objections assigned
Sby the Judge of Probate, they refer to informalities simply in the re-
turn from the precinct in question, and as the evidence of one of the
inspectors himself shows that there was no fraud, but that the elec-
tion was honestly conducted, the votes at this precinct should be
counted in determining the votes cast in Gadsden County. This is
the only way of ascertaining the voice of the people of Gadsden
County, and is conformable to the spirit as well as the letter of the
law.
Your committee think that if even the return had been lost before
reaching the office of the Judge of Probate, or had been purposely
destroyed, this House would be required, upon every principle of
right and justice, to receive evidence of the votes which had been










67

cast, and for the reasons already stated, they are of opinion that the
objections made by the Judge of Probate ought to be overruled.
Conceding the fourth objection, that the certificate did not etate c-r
certify that the votes cast were for any known person, your commit-
tee assert that it constitutes a sufficient reason why the evidtnlce of
Mr. Pridgen should be received, to show the number of votes; given
and for whom they were cast, because otherwise the voice of the
electors would be suppressed, and the elective franchise, held so sacred
in republican governments, would become precarious indeed. Add
the votes given at this precinct to the aggregate already stated, and
the following is the result:
For J. M. Wilson, 465 votes.
H. M. Derrick, 464
A. K. Allison, 455
R. H. M. Davidson, 455
M. M. Johnston, 444
Lewis Gregory, 440
This result shows clearly that James M. Wilson and H. M. Der-
rick were elected two of the representatives, and as there is a tie
between A. K. Allison and R. H. M. Davidson, there was no selec-
tion for the third.
Your committee recommend for adoption the following resolu-
tions:
1. Resolved, That James M. Wilson and H. M. Derrick are enti-
tled to seats in this House as Representatives from Gadsden and
Liberty Counties.
2. Resolved, That M. M. Johnston, now sitting as a Representa-
tive from Gadsden and Liberty Counties, is not entitled to his seat.
3. Resolved, That there being a tie between A. K. Allison and R.
II. M. Davidson, there was no selection for the third Representative
from Gadsden and Liberty Counties, and that R. H. M. Davidson,
now sitting as a Representative from said Counties, is not entitled to
his seat, and that the said seat is hereby declared vacant.
.4. Resolved, That a copy of these resolutions be sent by the
Clerk to the Judge of Probate of Gadsden and Liberty Counties, to
the end that an election be ordered to supply said vacancy.
All of which is respectfully submitted.
J. W. McQUEEN, Chairman,
P. B. BROKAW,
E. P. HOLMES.
We the undersigned dissent from the above report.
H. I. SLATON,
WM. S. DELK.
Which was read.
Mr. Bryant moved that the House resolve itself into a Committee
of the Whole for the consideration of said report;









68

Which was not agreed to.
Mr. Bellamy moved that the consideration of the report be post-
poned and made the order of the day for to-morrow ;
Which was not agreed to.
The report was then concurred in and the resolutions adopted.
The Committee on Claims made the following report:
The Committee on Claims, to whom was referred an act for the
relief of N. O. J. Staley, Tax-Assessor and Collector of Jackson
county, beg leave to
REPORT:
That they have considered said bill, and, believing the objects of
the same to be just and proper, recommend its passage by the
House.
J. M. WILSON, Chairman.
Which was received and read, and the accompanying bill placed
among the orders of the day.
ORDERS OF THE DAY.
A bill to be entitled an act to separate the office of Tax-Assessor
and Collector from that of Sheriff in Alachua county,
Was read the second time and ordered to be engrossed for a third
reading on to-morrow.
Senate bill to be entitled an act for the relief of William H. Hick-
man of Putnam county,
Was read the second time and ordered to be read the third time
on to-morrow.
Senate bill to be entitled an act to empower Arthur Macon, a
minor, to assume the management of his own estate,
Was read the second time and ordered to be read a third time on
to-morrow.
* Resolutions relative to obtaining from the United States, by pur-
chase or assignment, the Arsenal at Mount Vernon,
Was read the third time, and, on motion of Mr. Parkhill, indefi-
nitely postponed.
* A bill for the relief of Dr. George D. Fisher,
Was read the third time, and, on the question of its passage, the,
vote was, '
-Yeas-Mr. Speaker, Messrs. Alford, Arnau, Bellamy, Braddock,
Buffington, Campbell, Carter, Chaires, Clyatt, Delk, Fontane, Frink,
Gettis, Golden, Gonzalez, Hankins, Heermans, Helvenston, Holmes,
Hull, Ingram, Irwvin, Johnston, Knight, McLeary, McQueen, Mims,
Nicks, Parkhill, Penn, Pope, Roulhac, Smithson, Taylor, Vogt and
Wilson-37.
"Nays-Messrs. Brokaw and Duval-2.











So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
A bill to be entitled an act amendatory of the act to prevent the
abduction and escape of slaves from this State, approved January
18, 1855,
Was read the third time.
Mr. Parkhill moved that the bill be indefinitely postponed;
Ipon which motion the yeas and nays were called for by Messrs.
Buffington and Parkhill, and were as follows:
Yeas-Messrs. Arnau, Bellamy, Braddock, Brokaw, Campbell,
Carter, Chaires, Duval, Fontane, Gettis, Golden, Gonzalez, Heer-
mans, Helvenston, Holmes, Ingram, Irwin, Johnston, McLeary, Mc-
Queen, Nicks, Parkhill, Taylor, Vogt and Wilson-25.
Nays-Mr. Speaker, Messrs. Alford, Bryant, Buffington, Clyatt,
Delk, Frink, Hankins, Hull, Knight, Mims, Pope, Roulhac and
Smithson-14.
So the bill was indefinitely postponed.
A bill to be entitled an act to authorize Richard Ellison to estab-
lish a.Ferry on the Suwannee River,
Was read the first time and ordered to be read a second time on
to-morrow. -
A bill to amend the Road law applicable to the County of Duval,
Was read the first time.
Mr. Buffington moved that the rule be waived and said bill be read
a second time to-day.
Which was not agreed to.
Said bill was then ordered to be read a second time on to-mor-
row.
A bill to be entitled an act to authorize William H. Watson to es-
tablish a Ferry across the Suwannee and Withlacoochee Rivers,
Was read the first time, the rule waived, read the second time by
its title, and ordered to be engrossed for a third reading on to-mor-
row.
A bill to be entitled an act concerning the Judge of Probate of
Escambia County,
Was read the first time, the rule waived, read the second time, and
ordered to be engrossed for a third reading on to-morrow.
A bill to be entitled an act to amend an act entitled an act to
amend the several acts concerning Licenses to retail Spirituous Li.
quors, approved January 8, 1853,
Was read the first time.
Mr. Alford moved that the rule be waived to permit said bill to be
read a second time to-day,
Which was not agreed to.
The bill was then ordered to be read a second time on to-morrow,
Resolution asking Congress to establish a mail route,












Was read the first time and ordered to be read a second time on
to-morrow.
A bill to be entitled an act for the relief of N. O. J. Staley, Tax.
Assessor and Collector of Jackson county,
Was read the second time and ordered to be engrossed for a third
reading on to-morrow.
On motion of Mr. Nicks, Mr. Johnston was added to the Com-
mittee on Indian Affairs.
On motion, the House adjourned until to-morrow. 11 o'clock, A.
M.



THURSDAY, DEC. 4, 1856.

The House met pursuant to adjournment-a quorum present.
The Rev. Mr. Anderson officiated as Chaplain.
The reading of the journal of yesterday was dispensed with.
A bill for the relief of Dr. George D. Fisher, which had passed the
House, was transmitted to the Senate.
An act to supply the deficiency of the appropriation of the last
General Assembly, which had passed both House of the General As-
sembly and had been duly enrolled and signed, was transmitted for
approval to his Excellency, the Governor.
Notice was given of intention to introduce the following bills at
some future day, viz:
By Mr. Roulhac:
A bill further to define the duties of the Courts of Probate in this
State.
By Mr. Pope:
A bill to amend the laws of this State relative to roads, and for
other purposes.
By Mr. Mims:
A bill to be' entitled an act to amend the Constitution of this State
so as to make the sessions of the General Assembly annual instead
of biennial.
Pursuant to previous notice, the following bills were introduced,
viz:
By Mr. Buffington:
A bill to be entitled an act to change the name of Sarah A.
Falana;
A bill to be entitled an act to change the name of Julia E. Falana,
and for other purposes; and,
A bill to be entitled an act supplementary to an act entitled an
,act to provide for the relinquishment to the United States in certain









S 71

cases of title to and jurisdiction over lands for sites of light-houses,
and for other purposes, on the coast and waters of this State.
By Mr. Golden:
An act to provide for the election of a county site in Holmes
county.
By Mr. Bryant:
A bill to be entitled an act to attach a portion of Putnam county
to Volusia county,
Which were placed among the orders of the day.
Mr. Smithson presented the petition of William M. Duke, Tax-
Assessor and Collector of Columbia county, asking an amendment
of the present law, so that he may be required to visit each precinct
in the county but once a year for the purpose of assessing and once
for the purpose of collecting taxes, he giving suitable notice of such
times and places,
Which was read, and, on motion of Mr. Buffington, laid on the
table.
The Speaker laid before the House a communication from the In-
tendant of the city,of Tallahassee relative to the establishment in
Tallahassee of the Seminary to be located West of the Suwannee
River;
Which was read and referred to the Committee on Schools and
Colleges.
The Committee on Engrossed Bills reported as correctly engrossed
the following bills, viz:
A bill to be entitled an act to separate the office of Tax-Assessor
and Collector from that of Sheriff in Alachua County;
A bill to be entitled an act to authorize William H. Watson to es-
tablish a Ferry across the Suwannee and Withlacoochee Rivers;
A bill to be entitled an act for the relief of N. O. J. Staley, Tax
Assessor and Collector of Jackson County; and
A bill to be entitled an act concerning the Judge of Probate of
Escambia County.
The following message.was received from the Senate:
SENATE CHAMBER,
TALLAIASSEE, December 3, 1856.
Honorable Speaker of the
House of Representatives:
The Senate has passed the following resolution viz:
A resolution in favor of Robert Youngblood, late clerk of Alachua
county.
Very Respectfully,
S. J. PERRY,
Secretary'of the Senate.










72

Which was read and the accompanying Resolution placed among
the orders of the day.

ORDERS OF THE DAY.

Senate bill to be entitled an act for the relief of William H. Hick-
man of Putnam County,
Was read the third time, and put upon its passage upon which
the vote was:
Yeas-Mr. Speaker, Messrs. Alford, Arnau, Bellamy, Braddock,
Brokaw, Bryant, Buffington, Campbell, Carter, Chaires, Clyatt, Cous-
ins, Delk, Duval, Fontane, Frink, Gettis, Golden, Gonzalez, Hankins,
Heermans, Helvenston, Holmes, Hull, Ingram, Irwin, Johnston,
Knight, McLeary, McQueen, Mims, Nicks, Parkhill, Penn, Pope,
Roulhac, Slaton, Smithson, Vogt and Wilson-41.
Nay-Mr. Taylor-l-
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
Senate bill to be entitled an act to empower Arthur Macon, a
minor, to assume the management of his own estate,
Was read the third time and put upon its passage, upon which the
vote was
Yeas-Messrs. Alford, Arnau, Bellamy, Braddock, Bryant, Buf-
fington, Carter, Clyatt, Duval, Frink, Gonzalez, Hankins, Holmes,
Hull, Ingram, Irwin, Knight, McLeary, McQueen, Mims, Nicks,
Parkhill, Penn, Pope, Roulhac, Slaton, Smithson and Vogt-28.
Nays-Mr. Speaker, Messrs. Brokaw, Campbell, Chaires, Cous-
ins, Delk, Fontane, Gettis, Golden, Heermans, Helvenston, Johnson,
Taylor and Wilson-14.
A bill to be entitled an act to authorize Richard Ellison to estab.
lish a ferry on the Suwannee River,
Was read the second time and ordered to be engrossed for a third
reading on to-morrow.
A bill to be entitle an act to amend the road laws applicable to
the county of Duval,
Was read the second time.
Mr. Buffington moved that the rule be waived to permit said bill
to be read a third time to-day,
Which was not agreed to.
Said bill was then ordered to be engrossed for a third reading on
to-morrow.
A bill to be entitled an act to amend an act entitled an act to
amend the several acts concerning licenses to retail spirituous
liquors, approved January 8, 1853,
Was read the second time and ordered to be engrossed for a third
reading on to-morrow.













IR..-ulati..i asking Congress to establish a mail route,
Was read the second time and ordered to be engrossed for a third
reading on to-morrow.
A bill to be entitled an act concerning the Judge of Probate of
Escambia County,
Was read the third time and put upon its passage,upon which the
vote was:
Yeas-Messrs. Bryant, Buffington, Gonzalez, Pope, Roulhac and
Slaton-6.
Nays-Mr. Speaker, Messrs. Alford, Arnau, Bellamy, Braddock,
Brokaw, Campbell, Carter, Chaires, Clyatt, Cousins, Delk, Duval,
Fontane, Frink, Gettis, Golden, IIankins, Heermans, Helvenston,;
Hdlmes, Hull, Ingram, Irwin, Johnston, Knight, McLeary, McQueen,
Mims, Nicks, Parkhill, Penn, Smithson, Taylor, Vogt and Wilson-
36.
So said bill was lost.
A bill to be entitled An act to separate the office of Tax Assessor
and Collector from that of Sheriff.in Alachua county,
Was read the third time and put upon its passage, upon which
the vote was:
Yeas-Mr. Speaker, Messrs. Alford, Arnau, Bellamy, Braddock,
Brokaw, Bryant, Buffington, Campbell, Carter, Chaires, Clyatt,
Cousins, Delk, Duval, Fontane, Frink, Gettis, Golden, Conzalez,
Hankins, Heermans, Helvenston, Holmes, Hull, Ingram, Irwin,
Johnston, Knight, McLeary, McQueen, Mims, Nicks, Parkhill, Penn,
Pope, Roulhac, Slaton, Smithson, Taylor, Vogt and Wilson-42.
Nays-None.
So the bill passed-title as slated.
Ordered that the same be certified to the Senate.
A bill to be entitled An act for the relief of N. O. J. Staley, Tax
Assessor and Collector of Jackson county,
Was read the third time and put upon its passage, upon which
the vote was:
Yeas-Mr. Speaker, Messrs. Alfoid, Arnau, Bellamy, Braddock,
Brokaw, Bryant, Buffington, Campbell, Carter, Clyatt, Cousins,
Delk, Duval, Fontane, Frink, Gettis, Golden, Gonzalez, Hankins,
Heermans, Helvenston, Holmes, Hull, Irgram, Irwin, Johnston,
Knight, McLeary, McQueen, Minis, Nicks, Parkhill, Penn, Pope,
Roulhac, Slaton, Smithson, Taylor, Vogt and Wilson-41.
Nay-Mr. Chaires-1.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
A bill to be entitled An act to authorize William II. Watson, to
establish a ferry across the Suwannee and Withlacoochee Rivers.
Was read the third time and put upon its passage, upon which
the vote was:
10










74

Yeas-Mr. Speaker, Messrs. Alford, Arnau, Bellamy, Braddock,
Brokaw, Bryant, Buffington, Campbell, Carter, Chaires, Clyatt,
Cousins, Delk, Duval, Fontane, Frink, Gettis, Golden, Gonzalez,
Hankins, Heermans, Helvenston, Holmes, Hull, Ingram, Irwin,
Johnston, Knight, McLeary, McQueen, Mims, Nicks, Parkhill, Penn,
Pope, Roulhac, Slaton, Smithson, Taylor, Vogt and Wilson-42.
Nays-None.
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 Sarah A. Fa-
lana,
Was read the first time, the rule waived, read the second time by
its title, and ordered to be engrossed for a third reading on to-mor-
row.
A bill to be entitled an act to change the name of Julia E. Fala-
na, and for other purposes,
Was read the first time, the rule waived, read the second time by
its title, and ordered to be engrossed for a third reading on to-mor-
row.
A bill to be entitled an act supplementary to an act entitled an
act to provide for the relinquishment to the United States in certain
cases of titles to and jurisdiction over lands for sites of Light Houses,
and for other purposes, on the coast and waters of this State,
Was read the first time, the rule waived, read the second time by
its title and ordered to be engrossed for a third reading on to-mor-
row.
A bill to be entitled an act to provide for the election of a county
site of Holmes county,
Was read the first time, the rule waived, read the second time by
its title, and ordered to be engrossed for a third reading on to-mor-
row.
A bill to be entitled an act to attach a portion of Putnam county
to Volusia county,
Was read the first time, the rule waived, read the second time by
its title, and ordered to be engrossed for a third reading on to-mor-
row.
Senate resolution in favor of Robert Youngblood, late Clerk of
Alachua county,
Was read the first time, and ordered to be read a second time on
tomorrow.
On motion Lthe House adjourned until to-morrow, 11 o'clock,
A. M.










'75

FRIDAY, DEC. 5, 1856.
The House met pursuant to adjournment-a quorum present.
The Rev. Mr. Anderson officiated as Chaplain.
The reading of the Journal of yesterday was dispensed with.
The following bills, which had passed the Houses, were transmitted
to the Senate, viz:
A bill to be entitled an act to separate the office of Tax-Assessor
and Collector from that of Sheriff in Alachua county;
A bill to be entitled an act to authorize William H. Watson to
establish a ferry across the Suwannee and Withlacoochee Rivers;
A bill to be entitled an act for the relief of N. O. J. Staley, Tax-
Assessor and Collector of Jackson county;
Senate bill to be entitled an act to empower Arthur Macon, a
minor, to assume the management of his own estate; and,
Senate bill to be entitled an act for the relief of William H. Hick-
man of Putnam county.
On motion, Mr. Fontane was added to the Committee on Schools
and Colleges, and Messrs. Johnson and Roulhac were added to the
Committee on the Judiciary.
Notice was given of intention to introduce the following bills at
some future day, viz:
By Mr. Golden:
A bill to be entitled an act requiring the Register of Public Lands
to have the School Lands in Holmes county appraised and offered
for sale.
By Mr. Gettis:
A bill to be entitled an act to amend an act entitled an act to
amend the execution law approved March 15th, 1844; also,
A bill to be entitled an act to amend the several acts in relation
to suits by attachment in the Circuit Courts and before Justices of
the Peace of this State; also,
A bill to be entitled an act amendatory to an act entitled an act
to enable executors, administrators and guardians to sell the real
estate of infants, approved January 23d, 1851; also,
A bill to be entitled an act to extend the jurisdiction of Justices
of the Peace in certain cases.
By Mr. Cousins:
' A resolution asking Congress to make an appropriation for the
survey of a route for a ship canal from the waters of Black Creek
to the Suwannee River at a place near the mouth of Santa Fe.
On motion, the names of John P. Campbell and M. W. McLeary
were added to the protest made on Wednesday relative to the action
of the General Assembly in postponing acting upon the case of the
contested seat of the Representative from Putnam county.









76

Pursuant to previous notice, the following bills were introduced
and placed among the orders of the day, viz:
By Mr. Nicks:
A bill to be entitled an act to repeal an act entitled an act author-
izing a Road Tax in Hernando County, approved Dec. 14, 1855.
By Mr. Helvenston:
A bill to be entitled an act to provide for the payment of Grand
and Petit Jurors, aljproved Dec. 22, 1854.
By Mr. Mims:
A bill to be entitled an act to amend the Constitution of this State
so as to make the sessions of the General Assembly annual instead
of biennial.
By Mr. Bryant:
A bill to be entitled an act to provide for Primary Schools through-
out this State; and
A bill to be entitled an act to reduce State and County Taxes,
and to amend an act entitled an act to establish the ad valorem sys-
tem of taxation.
By Mr. Vogt:
A bill to be entitled an act for the relief of the sureties of Sheriffs
and Tax Collectors in certain cases.
By Mr. Clyatt:
A bill to exempt the citizens of Cedar Keys from Road duty in
certain cases:
By Mr. Roulhac:
A bill to be entitled an act further to define the duties of the Pro.
bate Courts of this State.
By Mr. Slaton:
A bill to be entitled an act to amend the Constitution of this State
so as to make Ministers of the Gospel eligible to the office of Gov-
ernor, Senator or member of the House of Representatives.
By Mr,.Smithson:
A bill to be entitled an act to legalize the will of John Perry, de.
ceased.
By Mr. Fontane:
A bill to be entitled an act to benefit Commerce.
The rule being waved, Mr. Roulhac was permitted to introduce,
without previous notice, a bill to be entitled an act to authorize
Samuel H. Chisolm of Jackson county to assume the management
of his own estate, and to contract and be contracted with.
Mr.' Johnston presented the petition of John S. Perry, praying that
he may be allowed to purchase from the State a certain tract of
land,
Which was read and referred to the Committee on Propositions
and Grievances.









77

Mr. Johnston introduced a resolution for the relief of John S.
Perry,
Which was placed among the orders of the day.
The Committee on Engrossed Bills reported as correctly en-
grossed the following bills and resolutions, viz:
A bill to be entitled an act to authorize Richard Ellison to estab-
lish a ferry on the Suwannee River;
A bill to be entitled an act t6 amend the road laws applicable to
the county of Duval;
A bill to be entitled an act to amend an act entitled an act to
amend the several acts concerning licenses to retail spirituous
liquors, approved January 8, 1853;
A bill to be entitled an act to change the name of Sarah A.
Falana;
A bill to be entitled an act to change the name of Julia E.
Falana, and for other purposes;
A bill to be entitled an act supplementary to an act entitled an
act to provide for the relinquishment to the United States in certain
cases of title to and jurisdiction over lands for sites of light-houses,
and for other purposes, on the coast and waters of this State;
A bill to be entitled an act to provide for the election of a county
site of Holmes county;
A bill to be entitled an act to attach a portion of Putnam county
to Volusia county; and,
Resolution asking Congress to establish a mail route.
The Committee on Corporations made the following report:
The Committee on Corporations to whom was referred the bill to
be entitled an act to incorporate the Perdido Rail Road Company,
beg leave to
REPORT
That they have had the same under consideration. The constitu-
tional notice having been given, they report the bill back to the House
without amendment and recommend that it do pass.
JOSHUA TAYLOR,
Chairman.
Which was read and concurred in, and the accompanying bill
placed among the orders of the day.
The Committee on Indian Affairs made the following report:
The Committee to whom was referred that portion of the Gov-
ernor's Message which relates to Indian affairs have had the same
under consideration, and beg leave to introduce the following bill.
JAMES R. NICKS,
Chairman.
Which was read and the accompanying bill placed among the or.
ders of the day.









78

The following message was received from the Senate:
SENATE CHAMBER, Dec. 4th, 1856.
Hon. Speaker of the House of Representatives :
SIR-The Senate has passed the enclosed bills, viz:
"A bill to be entitled an act to declare Yellow River navigable;
"A bill for the relief of Isaiah Cobb.
Very Respectfully,
S. J. PERRY,
Secretary of the Senate.
Which was read, and the accompanying bills placed among the
orders of the day.
ORDERS OF THE DAY.
Senate resolution in favor of Robert Youngblood, late clerk of
Alachua County,
Was read the second time and ordered to be read a third time on
to-morrow.
A bill to be entitled an act supplementary to an act entitled an
act to provide for the relinquishment to the United States in certain
cases of title to, and jurisdiction over lands for sites of light houses,
and for other purposes, on the coast and waters of this State,
Was read third time.
Mr. Bryant moved that the rule be waived to permit the reference
of said bill to a committee.
Which was not agreed to.
Said bill was then put upon its passage, upon which the vote was:
Yeas-Mr. Speaker, Messrs. Alford, Arnau, Bellamy, Braddock,
Brokaw, Bryant, Buffington, Campbell, Carter, Chaires, Clyatt,
Cousins, Delk, Duval, Fontane, Frink, Gettes, Golden, Gonzalez,
Hankins, Heermans, Helvenston, Holmes, Hull, Ingram, Irwin,
Johnston, Knight, McQueen, Mims, Nicks, Parkhill, Penn, Pope,
Roulhac, Slaton, Smithson, Taylor, Vogt, Whitfield and Wilson-42.
Nays-None.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
A bill to be entitled an act to amend an act, entitled an act.to
amend the several acts concerning Licenses to retail Spirituous Li.
quors, approved January 8, 1853.
Was read the third time, and on motion of Mr. Slaton laid upon
the table.
A bill to be entitled an act to authorize Richard Ellison to estab.
lish a Ferry on the Suwannee River,
Was read the third time and put upon its passage, upon which the
vote, was:
Yeas-Mr. Speaker, Messrs. Alford, Arnau, Bellamy, Braddock,












Brokaw, Bryant, Buffington, Campbell, Carter, Chaires, Clyatt,
Cousins, Delk, Duval, Fontane, Frink, Gettis, Golden, Gonzalez,
Hankins, Heermans, Helvenston, Holmes, Hull, Ingram, Irwin,
Johnston, Knight, McLeary, McQueen, Mims, Nicks, Parkhill, Penn,
Pope, Roulhac, Slaton, Smithson, Taylor, Vogt, Whitfield and
Wilson-43.
Nays-None.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
A bill to amend the road laws applicable to the county of Duval,
was read the third time and put upon its passage, upon which the
vote was:
Yeas-Mr. Speaker, Messrs. Alford, Arnau, Bellamy, Braddock,
Brokaw, Bryant, Buffington, Campbell, Carter, Chaires, LClyatt,
Cousins, Delk, Duval, Fontane, Frink, Gettis, Golden, Gonzalez,
Hankins, Heermans, Helvenston, Holmes, Hull, Ingram, Irwin,
Johnston, Knight, McLeary, McQueen, Mims, Nicks, Parkhill,
Penn, Pope, Roulhac, Slaton, Smithson, Taylor, Vogt, Whitfield
and Wilson-43.
Nays-None.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
A bill to be entitled an act to provide for the election of a county
site of Holmes county,
Was read the third time and put upon its passage, upon which the
vote was:
Yeas-Mr. Speaker, 'Messrs. Alford, Arnau, Bellamy, Braddock,
Brokaw, Bryant, Buffington, Campbell, Carter, Chaires, Clyatt,
Cousins, Delk, Duval, Fontane, Frink, Gettis, Golden, Gonzalez,
Hankins, Heermans, Helvenston, Holmes, Hull, Ingram, Irwin, John.
ston, Knight, McLeary, McQueen, Mims, Nicks, Parkhill, Penn,
Pope, Roulhac, Slaton, Smithson, Taylor, Vogt, Whitfield and
Wilson-43.
Nays-None.
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 Julia E. Fala-
na and for other purposes,
Was read the third time and put upon its passage, upon which the
vote was:
Yeas-Mr. Speaker, Messrs. Alford, Arnau,. Bellamy, Braddock,
Bryant, Buffington, Campbell, Carter, Chaires, Clyatt, Cousins, Delk,
Duval, Fontane, Frink, Gettis, Golden, Gonzalez, Hankins, Helven.
ston, Holmes, Hull, Ingram, Irwin, Johnston, Knight, McLeary,
McQueen, Mims, Nicks, Parkhill, Penn, Pope, Roulhac, Slaton,.
Smithson, Taylor, Vogt and Whitfield-40.










o8

Nays-Messrs. Brokaw, Heermans and Wilson-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 Sarah A. F.a
lana,
Was read the third time and put upon its passage, upon which the
vote was:
Yeas-Messrs. Arnau, Bellamy, Braddock, Bryant, Buffington,
Campbell, Carter, Chaires, Clyatt, Delk, Duval, Fontane, Frink,
Gettis, Golden, Gonzalez, Hankins, Helvenstop, Holmes, Hull, In-
gram, Irwin, Johnston, Knight, McLeary, McQueen, Mims, Nicks,
Parkhill, Penn, Pope, Roulhac, Slaton, Smithson, Taylor, Vogt and
Whitfield-37.
Nays-Mr. Speaker, Messrs. Alford, Brokaw, Cousins, Heermans
and Wilson-6.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
A bill to be entitled an act to attach a portion of Putnam County
to Volusia County,
Was read the third time and on motion laid on the table.
Resolution asking Congress to establish a Mail Route,
Was read the third time and put upon its adoption, upon which
the vote was:
Yeas-Mr. Speaker, Messrs. Alford, Arnau, Bellamy, Braddock,
Brokaw, Bryant, Buffington, Campbell, Carter, Chaires, Clyatt,
Cousins, Delk, Duval, Fontane, Frink, Gettis, Golden, Gonzalez,
Hankins, Heermans, Helvenston, Holmes, Hull, Ingram, Irwin, John-
ston, Knight, McLeary, McQueen, Mims, Nicks, Parkhill, Penn,
Pope, Roulhac, Slaton, Smithson, Taylor, Vogt, Whitfield and Wil-
son-43.
Nays-None.
So the Resolution was adopted-title as stated.
Ordered that the same be certified to the Senate.
A bill to be entitled an act to repeal an act entitled an act author-
izing a road tax in Hernando county, approved December 14, 1855,
Was read the first time and ordered to be read a second time on
tomorrow.
A bill to be entitled an act to amend an act entitled an act to pro-
vide for the payment of Grand and Petit Jurors, approved Decem-
ber 22d, 1854,
Was read the first time, the rule waived, read the second time by
its title and referred to the Committee on Finance and Public Ac.
counts.
A bill to be entitled an act to amend the Constitution of this
State so as to make the sessions of the General Assembly annual
instead of biennial,











81

Was read the first time, and, on motion of Mr. Ingrain, indefi-
nitely postponed.
A bill to be entitled an act to provide for Primary Schools
throughout this State,
Was read the first time, and the rule being waived, read the se-
cond time by its title.
On motion of Mr. Bryant, the House resolved itself into Commit-
tee of the Whole for the consideration of said bill, Mr. Bellamy in
the Chair.
After some time spent in consideration thereof, the Committee
rose and by its Chairman reported progress and asked leave to sit
again,
Which report was received and leave granted.
A bill to be entitled an act to reduce State and county taxes, and
to amend an act entitled an act to establish the ad valorem system
of taxation,
Was read the first time.
Mr. Bryant moved that the rule be waived to permit said bill to
be read a second time to-day,
Which was not agreed to.
Said bill was then ordered to be read a second time on to-mor-
row.
A bill to be entitled an act for the relief of the sureties of Sheriffs
and Tax Collectors in certain cases,
Was read the first time and ordered to be read a second time on
to-morrow.
A bill to exempt the residents of Cedar Keys from Road duty in
certain cases,
Was read the first time and ordered to be read a second time on
to-morrow.
A bill to be entitled an act further to define the duties of the Pro-
bate Courts of this State,
Was read the first time and ordered to be read a second time on
to-morrow.
A bill to be entitled an act to amend the constitution of this State
so as to make Ministers of the Gospel eligible to the office of Gover-
nor, Senator, or member of the House of Representatives,
Was read the first time, and on motion of Mr. Taylor, indefinitely
postponed.
A bill to be entitled an act to legalize the will of John Perry, de-
ceased,
Was read the first time.
Mr. Smithson moved that the rule be waived to permit said bill to
be read a second time to-day.
Which was not agreed to.
11










82

Said bill was then ordered to be read a' second time on to-mor-
row.
A bill to be entitled an act to benefit Commerce,
Was read the first time and ordered to be read a second time on
to-morrow.
A bill to be entitled an act to authorize Samuel H. Chisolm, a mi-
nor, to assume the management of his own estate, and to contract
and be contracted with,
Was read the first time and on motion of Mr. Buffington, indefi-
nitely postponed.
Resolution for the relief of John S. Perry,
Was read the first time and ordered to be read a second time on
tomorrow.
A bill to be entitled an act to incorporate the Perdido Railroad
Company,
Was read thesecond time and ordered to be engrossed for a third
reading on Monday next, and 80 copies thereof to be printed.
A bill to be entitled an act to provide for the payment of the Debts
of the State,
"Was read the first time and ordered to be read a second time on
to-morrow, and 80 -copies thereof ordered to be printed.
Senate bill to be entitled an act to declare Yellow River Naviga-
ble,
Was 3red the first time and ordered to be read a second time on
to-morrow.
Senate 14 for the relief of Isaiah Cobb,
Was re,.! the first time and ordered to be read a second time on
to-mol :wo\.
The rul. bemng waived, Mr. Bellamy introduced a resolution for
the relief of R. II. M. Davidson and M. M. Johnston,
Which was read the first time and ordered to be read a second
time on to-morrow.
On motion, leave of absence was granted to Mr. Taylor until Mon-
day next, and to Mr. Bellamy until Tuesday next.
On motion, the House adjourned until to-morrow, 11 o'clock, A.
M.



SATURDAY, DEC. 6, 1856.

The House met pursuant to adjournment-a quorum present.
The Rev. Mr. Anderson officiated as Chaplain.
The reading of the Journal of yesterday was dispensed with.
The following bills and resolutions, which had passed the House,
were transmitted to the Senate, viz:










83

A bill to be entitled an act supplementary to an act to provide for
the relinquishment to the United States in certain cases of title to
and jurisdiction over lands for sites of light-houses, and for other
purposes, on the coast and waters of this State;
A bill to be entitled an act to authorize Richard Ellison to estab-
lish a ferry on the Suwannee river;
A bill to be entitled an act to change the name of Julia E. Falana,
and for other purposes;
A bill to be entitled an act to change the name of Sarah A.
Falana;
A bill to amend the road law applicable to Duval county;
"*A bill to be entitled an act to provide for the election of a county
site of Holmes county; and,
Resolution asking Congress to establish a mail route.
Notice was given of intention to introduce the following bills at
some future day, viz:
By Mr. Hpll:
A bill to protect the inhabitants of Duval county from intrusions
by sailors on the Sabbath day.
By Mr. Penn:
A bill for the relief of Drucilla Baker of Franklin county, Florida.
By Mr. Delk:
A bill to attach a portion of Sumter county to Orange county, and
for other purpose.
By Mr. Frink:
A bill to be entitled an act to authorize George Bell, a minor, to
assume the management of his own estate. .
Mr. Heermans introduced a resolution relative to a canal from St.
Lucie river to Lake Okechobee,
Which was placed among the orders of the day.
Mr. Cousins introduced a preamble and resolutions relative to a
ship canal across the Peninsular of Florida,
Which was placed among the orders of the day.
The Committee on Propositions and Grievances made the follow-
ing report:
The Committee on Propositions and Grievance::, to whom was
referred a petition of Elizabeth Bathlow, having had the same under
consideration, beg leave to
REPORT:
That according to her statement, and that of other citiTrns of Ma-
rion County, she is unable to pAy for letters of adminia itration on
the estate of Ephraim Guann, her deceased husband, who died pos-
sessed of a certain tract of land in Marion County. That Ic left a
number of minor children, and that the said children Ijow stand in
need ofthe benefit that would arise from the sale of said laud for









84

their maintenance and education. Your committee therefore beg
leave to introduce a bill for her relief.
Respectfully submitted,
J. P. PENN,
Chairman.
Which was concurred in and the accompanying bill placed among
ithe orders of the lay.
The Committee on Claims made the following report:
The Committee on Claims, to whom was referred the petition of
sundry persons of South Florida, asking relief for certain persons
herein named, beg leave to
REPORT:
That having examined the same, they can find no precedent for
granting such relief, and further, from the petition itself, it seems
that the applicants for relief were in the regular service of the United
States, until the 23d of August 1856; your Committee are not aware
of any precedent for granting relief to the families of U. S. Soldiers,
whether regulars or volunteers. Your Committee therefore recom-
-mend that the prayer of the petitioners be not granted, and ask to
,be discharged.
All of which is respectfully submitted,
J. M. WILSON, Chairman.
Which was concurred in, and the accompanying bill placed among
the orders of the day.
SThe Committee on Finance and Public Accounts made the follow,
,ing report:
The Committee on Finance and Public Accounts, to whom was
,referred a bill to be entitled an act:to amend an act entitled an act
to provide for the payment of Grand and Petit Jurors, approved
December .2d, 1854, ask leave to
REPORT
That they have had the same under consideration, and believing
that the proposed change in the present law is inexpedient, report the
bill back -to the House and recommend that it do not pass.
Respectfully submitted.
TILLMAN INGRAM, Chairman.
Which was concurred in and the accompanying bill placed among
*the orders of the day.
The Committee on the Judiciary made the following report:
The Committee on the Judiciary have had a bill entitled an act
to repeal an act entitled an act to regulate fees of Collecting Officers
in certain cases, approved 8th of January, 1848, under adviseeinet,









85

and beg leave to report that they find no constitutional objection to
it, but on grounds of policy, in their opinion, it should not be passed.
JAMES GETTIS, Chairman.
Which was concurred in, and the accompanying bill placed among
the orders of the day.
The following message was received from the Senate:
SENATE CHAMBER,
TALLAHASSEE, December 5, 1856.
Hon. Speaker of the
House of Representatives:
SIR-The Senate has passed the following bills, viz :
House bill to be entitled an act to separate the office of Tax As-
sessor and Collector from that of Sheriff in Alachua County;
A bill to be entitled an act for the relief of Alexander Purviance,
Absalom S. Smith, Ira S. Rouse and W. W. Burk;
House bill to be entitled an act to authorize William H. Watson
.to establish a Ferry across the Suwannee and Withlacoochee rivers;
House bill for the relief of Dr. George D. Fisher ;
A bill to be entitled an act to change the names of James Bell,
Martha Ann Odham and Emory Odham;
A bill to be entitled an act to allow William S. Perry to enter the
N. W. quarter of section sixteen, Township ten, Range twenty-two,
of the Common School Lands;
A bill to be entitled an act to authorize Mary Moreno, a minor, to
,assume the management of her own estate;
A bill to be entitled an act to distribute the interest on the School
Fund -',each County;
A b I to be entitled an act to repeal an act in relation to a Road
'Tax .1 the Counties of Putnam and Marion;
A bill to be entitled an act granting Lands to Trustees for the
'benefit of the Alabama and Florida Rail Road Company;
A bill to be entitled an act governing the County Commissioners
,of Duval County;
A bill to be entitled an act to authorize Andrew Jackson Deens to
:establish a Ferry across the Escambia River.
Respectfully,
S. J. PERRY,
Secretary of the Senate.
Which was read, and the accompanying House bills ordered to
'be enrolled, and the Senate bills placed among the orders of the day.
ORDERS OF THE DAY.

'Senate resolution in favor.of Robert Youngblood, late clerk of
Alachua County,










86

Was read the third time and put upon its adoption, upon which
the vote was:
Yeas-Mr. Speaker, Messrs. Alford, Arnau, Braddock, Brokaw,
Bryant, Campbell, Carter, Chaires, Clyatt, Cousins, Delk, Duval,
Fontane, Frink, Gettis, Golden, Gonzalez, Hankins, Heermans, Hel-
venston, Holmes, Hull, Ingrai, Irwin, Johnston, Knight, McLeary,
McQueen, Mims, Nicks, Penn, Pope, Roulhac, Slaton, Smithson,
Vogt, Whitfield and Wilson-39.
Nays-None.
So the Resolution was adopted-title as stated.
Ordered that the same be certified to the Senate.
A bill to be entitled an act to repeal an act entitled an act autho
rizing a road tax in Hernando county, approved Dec. 14, 1855,
Was read the second time and ordered to be engrossed for a third
reading on Monday.
A bill to be entitled an act to reduce State and county taxes, and
to amend an act entitled an act to establish the ad valorem system
of taxation,
Was read the second time.
Mr. Bryant moved that the House resolve itself into a Committee
of the Whole for the consideration of said bill,
Which was not agreed to.
On motion of Mr. Bellamy, it was ordered that 80 copies of said
bill be printed for the use of the House.
On motion of Mr. Roulhac, said bill was referred to the Commit-
tee on Finance and Public Accounts.
A bill to be entitled an act for the relief of sureties of Sheriffs and
Tax-Collectors in certain cases,
Was read the second time.
Mr. Arnau moved that 80 copies of said bill be printed for the use
of the House,
Which was not agreed to.
On motion, said bill was referred to the Committee on the Judi-
ciary.
A bill to exempt the residents of Cedar Keys from road duty in
certain cases,
Was read the second time and ordered to be engrossed for a third
reading on Monday.
A bill to be entitled an act further to define the duties of the Pro-
bate Courts of this State,
Was read the second time and referred to the Committee on the
Juniciary.
A bill to be entitled an act to legalize the will of John S. Perry,
deceased,
Was read the second time and referred to the Committee on the
Judiciary.











A bill to be entitled an act to benefit Commerce,
Was read the second time and referred to the Judiciary Commit-
tee.
Resolution for the relief of John S. Perry,
Was read the second time and ordered to be engrossed for a third
reading on Monday.
A bill to be entitled an act to provide for the payment of the debts
of the State,
Was read the second time and laid upon the table, and made the
special order for Tuesday next.
Senate bill to be entitled an act to declare Yellow River naviga-
ble,
Was read the second time and ordered to be read a third time on
Monday.
Senate bill for the relief of Josiah Cobb,
Was read the second time.
On motion of Mr. Mims, said bill was amended by striking out the
work "Josiah" and inserting Isaiah" in lieu thereof.
Said bill was then ordered to be read a third time on Monday.
Resolution for the relief of R. H. M. Davidson and M. M. John-
ston,
Was read the second time and ordered to be engrossed for a third
reading on Monday.
Resolution respecting a canal from St. Lucie River to Lake Okee-
chobee,
Was read the first time and ordered to be read a second time on
Monday.
Preamble and Resolutions asking Congress to make an appropri-
ation for the survey of a route for a Ship Canal from the waters of
Black Creek to the Suwannee River at or near the mouth of Santa.
Fe River,
Was read the first time.
Mr. Cousins moved that the rule be waived to permit said Pream-
ble and Resolutions to be read a second time by their titles,
Which was not agreed to.
Said preamble and resolutions were then ordered to be read a se-
cond time on Monday.
A bill to be entitled an act to authorize Elizabeth Bathlow to sell
the real estate of the late Ephraim Guann, deceased, in Marion.
Covnty,
Was read the first time.
Mr. Penn moved that the rule be waived to permit said bill to be.
read the second and third times and put upon its passage,
Which was not agreed to.
Said bill was then ordered to be read a second time on Monday.
A bill to be entitled an act to amend an act entitled an act to pro.











vide for the payment of Grand and Petit Jurors, approved Decem-
ber 22d, 1854,
Was read the second time.
Mr. Ingram moved that said bill be indefinitely postponed,
Which was not agreed to.
On motion of Mr. Roulhac, said bill was laid upon the table and:
made the special order of the day for Wednesday next.
A bill to be entitled an act to repeal an act entitled an act to'
regulate fees of collecting officers in certain cases, approved Janu-
ary, 8, 1848,
Was read the second time, and, on motion of Mr. Roulhac, indefi-
nitely postponed.
Senate bill to be entitled an act to authorize Andrew Jackson
Deens to establish a ferry across the Escambia river,
Was read the first time and ordered to be read a second time on
Monday.
Senate bill to be entitled an act governing in certain cases the
County Commissioners of Duval county,
Was read the first time and ordered to be read a second time on
to-morrow.
Senate bill to be entitled an act granting to Trustees for the ben-
efit of the Alabama and Florida Railroad Company lands granted
to the State of Florida by the Congress of the United States for the
purpose of aiding in the construction of a Railroad from Pensacola
to the State line of Alabama in the direction of Montgomery,
Was read the first time.
A motion was made that the rule be waived to permit said bill to
be read a second time,
Which was not agreed to.
Said bill was then ordered to be read a second time on Monday.
Senate bill to be entitled an act to repeal an' act in relation to a
road tax in the counties of Putnam and Marion,
Was read the first time.
Mr. Bryant moved that the rule be waived to permit said bill to'
be read a second time,
Which was not agreed to.
Said bill was then ordered to be read a second time on Monday.
Senate bill to be entitled an act to distribute the interest of the'
School Fund to each county,
Was read the first time, and ordered to be read a second time on'
Monday.
Senate bill to be entitled an act to authorise Mary Morino, a mi-
nor, to assume the management of her own estate,
Was read the first time.
Mr. Gonzalez moved that the rule be waived to permit said bill; to
be read a second time,











89

Which was not agreed to.
Said bill was then ordered to be read a second time on Morf-
day.
Senate bill to be 'entitled an act to allow William S. Perry to"
enter the Northwest quarter of Section sixteen, Township ten, Range
twenty-two, of the Common School'Lands,
Was read the first time and ordered to be read a second time on
Monday.
Senate bill to change the name of James Bell, Mattha Ant Od-'
ham, and Emory Odham,
. Was read the first time and ordered to be read a second time on
Monday.
Senate bill for the relief ofAlexander Purvi. ticc, A. 1balol S. Smith,
Ira S. Rouse and W. W. Bark,
Was read the first time and ordered to' be read a second time'on'
Monday.
The following message was received from His Excellency the'
Governor:
EXECUTIVE CHAMBER,
TALLAHASSEE, Dec. 6th, 1856.
HON. H. V. SNEiL,
Speaker of the Houseof Representatives :
SIR-I present herewith a communication from Chas. H. Austin,
Esq., State Treasurer, asking for an appropriation for incidental ex-
penses of the Supreme Court, to which I respectfully invite the at-
tention of the General Assembly.
Very Respeefully, &c.,
JAMES E. BROOME.
Which was read, and with the accompanying document, referred
to the Committee on Finance and Public Accounts.
The following message was received front his Excellency the Go-
vernor:
EXECUTIVE DEPARTlENT,
TALLAHASSEE, Dec. 5th, 1856.
HoN. V. SNELL,
Speaker of the House of Representatives:
Sin-- respectfully submit the following nominations for the ad-
"vice and consent of the General Assembly:
Santa Rosa County.
For Auctioneers-Joseph M. Bower and James P. Mints.
Franklin County.
For Auctioneers-Rob't. Myers, John Coupe.
For Port Wardens-Fraicis Arnou, J. L. McFarlan, H. C. Swain;
John Millign.in B. L. Turner, D. McDougald, Frederick Fuller.
12




4










90

Dural County.
For Auctioneer-George W. Cole.
For Lumber Measurer-T. J. Branning.
For Port Wardens-Henry E. Holmes, A. M. Reed, Charles
Broward, Jr., F. C. Barrett, H. H. Hoegs.
Respectfully,
JAMES E. BROOME.
Which was read, and on motion the nominations therein made
were advised and consented to.
Ordered that the same be certified to his Excellency the Governor.
The following message was received from his Excellency the Go-
vernor:
EXECUTIVE CIIAMBER, 1
TALLAHASSEE, Dec. 6th, 1856.
HON. H. V. SELL,
Speaker of the House of Representatives :
Sin-I respectfully present, for the advice and consent of the
General Assembly, the name of Robert H. Goodlett as a Weighmas-
ter in Franklin County.
Very Respectfully,
JAMES E. BROOME.
Which was read, and on motion the nomination therein made was
advised and consented to.
Ordered that the same be certified to his Excellency the Governor.
On motion, the House adjourned until Monday, 11 o'clock, A.
M.



MONDA Y, DEC. 8, 1856.

The House met pursuant to adjournment-a quorum present.
The Rev. Mr. Anderson officiated as Chaplain.
The reading of the journal of Saturday was dispensed with.
Senate resolution for the relief of Robert Youngblood, late Clerk
of Alachua county, having passed the House, was transmitted to the
Senate.
Notice was given of intention to introduce the following bills at
some future day, viz:
By Mr. Duval:
A bill to amend an act entitled an act to provide for the appoint-
ment of Inspectors of Tar and Turpentine in this State, approved
January 6th, 1855.
By Mr. Smithson:
A. bill authorizing N. A. Jamieson to establish a ferry across the
Santa Fe River at Fort White.'










01

By Mr. (ettis:
A bill to change the name of the county site of Manatee county.
By Mr. Knight:
A bill authorizing J. W. Bryant to establish a ferry across the St.
Johns River at Welaka.
Pursuant to previous notice, the following bills were introduced
and placed among the orders of the day, viz:
By Mr. Smithson:
A bill to amend and alter the law in regard to Auctioneers in this
State.
By Mr. Gettis:
A bill to be entitled an act to extend the jurisdiction of Justices
of the Peace in certain cases within this State.
By Mr. Penn:
A bill to be entitled an act for the relief of Drucilla Baker of
Franklin county, Florida.
Mr. Delk presented a petition from 20 citizens of Sumter county;
asking that a portion of said county be added to Orange county,
Which was read and referred to a Select Committee consisting of
Messrs. Delk, Johnston and Knight.
Mr. Bryant offered a resolution to provide for clearing out the
Ocklawha River for steamboat navigation,
Which was placed among the orders of the day.
The Committee on Engrossed Bills reported as correctly en-
grossed the following bills, viz:
A bill to exempt the residents of Cedar Keys from road duty in
certain cases.
An act to repeal an act entitled an act authorizing a road tax in
Hernando county, approved December 14th, 1855;
Resolution for the relief of R. H. M. Davidson and M. M. John-
ston;
Resolution for the relief of John S. Perry.
The Committee on Propositions and Grievances made the follow-
ing report:
SThe Committee on Propositions and Grievances, to whom was
referred the petition of John S. Perry and others, having had the
same under consideration, beg leave to
REPORT:
That they find after a careful examination, that John S. Perry did
purchase at the Land Office at Newnansville, the West half of North-
east quarter section 30, Township 17, Range 23, South and East,
and received a certificate for the same. That after building on and
otherwise improving the said land he has since been deprived of it
by cancellation, it having been selected by the State. Your com-
mittee would therefore recommend the passage of the resolution now









92

before the House, authorizing the State to sell said land .to petitioner.
All of which is respectfully submitted,
P. P. PENN,
Chairman.
Which was read and concurred in.
The following message was received from the Senate:
SENATE CHAMBER, December 6th, 1856.
Hon. Speaker of the
fJouse of Representatives :
SIR-The Senate has passed the following bill and resolutions,
-viz:
A bill to be entitled an act in relation to Pilotage at the port of
Key West, in the county of Monroe;
Resolution asking Congress to grant lands to this State in lieu of
the 16th sections, in Forbes' Purchase and the Arredondo Grant;
House resolution asking Congress to establish a Mail Route.
Very Respectfully,
S. J. PERRY,
Secretary of the Senate.
Which was read, and the Senate bill and resolutions placed among
,the orders of the day, and the House resolutions ordered to be en-
rolled.
The following message was received from his excellency the Gov.
,ernor:
EXECUTIVE DEPARTMENT,
December 5th, 1856.
Hon. H. V. SNELL, Speaker of the
House of Representatives :
SIR-I have approved and signed a bill, entitled "An act to sup-
ply the deficiency of the appropriation of the last General Assembly."
Very respectfully,
JAMES E. BROOME.
Which was read.
Senate bill to be entitled an act to declare Yellow River navi-
gable,
Was read the third time and put upon its passage, upon which the
vote:
Yeas-Mr. Speaker, Messrs. Alford, Arnau, Bellamy, Braddock,
Bryant, Campbell, Carter, Chaires, Clyatt, Cousins, Delk, Duval,
Fontane, Gettis, Golden, Gonzalez, Hankins, Heermans, Helvenston,
Holmes, Hull, Ingram, Irwin, Johnston, Knight, McLeary, McQueen,
Mims, Nicks, Parkhill, Penn, Pope, Roulhac, Slaton, Smithson,
"Yogt, Whitfield and Wilson-39.
Nay-Mr. Brokaw-1.
So the bill passed-titled as stated.
,Ordered that the same be certified to the Senate.









93

Senate bill to be entitled an act for the relief of Josiah Cobb,
Was read the third time and put upon its passage, upon which
,the vote was:
Yeas-Messrs. Arnau, Bellamy, Braddock, Brokaw, Bryant,
Campbell, Carter, Chaires, Clyatt, Delk, Duval, Fontane, Frink,
Golden, Gonzalez, Hankins, Holmes, Hull, Irwin, Johnston, Knight,
McLeary, McQueen, Mims, Nicks, Penn, Pope, Roulhac, Slaton,
Smithson, Vogt and Whitfield-32.
Nays-Mr. Speaker, Messrs. Alford, Cousins, Gettis, Heermans,
JHelvenston, Ingram, Parkhill and Wilson-,9.
:So the bill passed.
Ordered that the title of said bill be amended by striking out the
word Josiah" and inserting the word "Isaiah" in liou thereof, and
that the passage of said bill be certified to,the Senate.
A bill to exempt the residents of Cedar Keys from Road duty in
,certain cases,
Was read the third time and put upon its passage, upon which
.the 'vote was:
Yeas-Mr. Speaker, Messrs. Alford, Arnau, Bellamy, Braddock,
JBrokaw, Bryant, Campbell, Carter, Chaires, Clyatt, Cousins, Delk,
Duval, Fontane, Frink, Gettis, Golden, Gonzalez, Hankins, Heer-
.mans, Helvenston, Holmes, Hull, Ingram, Irwin, Johnston, Knight,
McLeary, McQueen, Mims, Nicks, Parkhill, Pope, Roulhac, Slaton,
.Smithson, Vogt, Whitfield and Wilson-40.
Nays-None.
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 an act entitled an act autho-
rizing a road tax in Hernando county, approved December 14th,
1855,
Was read the third time and put upon its passage, upon which the
,vote was:
Yeas-Mr. Speaker, Messrs. Alford, Arnau, Bellamy, Braddock,
Brokaw, Bryant, Campbell, Carter, Chaires, Clyatt, Cousins, Delk,
Duval, Fontane, Frink, Gettis, Golden, Gonzalez, Hankins, Heer-
mans, Helvenston, Holmes, Hull, Ingram, Irwin, Johnston, Knight,
McLeary, McQueen, Mims, Nicks, Parkhill, Pope, Roulhac, Slaton,
Smithson, Vogt, Whitfield and Wilson-40.
Nays-None.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
Resolution for the relief of R. H. M. Davidson and M. M. John-
,ston,
Was read a third time and put upon its passage, upon which the
yote was:
Yeas-Mr. Speaker, Messrs. Alford, Arnau, Bellamy, Braddock,












Brokaw, Bryant, Campbell, Carter, Chaires, Clyatt, Cousins, Delk,
Duval, Fontane, Frink, Gettis, Golden, Gonzalez, Hankins, Heer-
mans, Helvenston, Holmes, Hull, Ingram, Irwin, Johnston, Knight,
McLeary, McQucen, Miims, Nicks, Parkhill, Penn, Pope, Roulhac,
Slaton, Smithson, Vogt, Whitfield and Wilson-41.
Nays-None.
So the resolution was adopted-title as stated.
Ordered that the same be certified to the Senate.
Resolution for the relief of John S. Perry,
Was read the third time.
The rule being waived to permit said resolution to be amended,
on motion of Mr. Johnston, said resolution was amended by insert-
ing the words "South and East between the words twenty-three"
and shall."
Said resolution was then read as amended and put upon its pas.
sage, upon which the vote was:
Yeas-Mr. Speaker, Messrs. Alford, Arnau, Bellamy, Braddock,
Brokaw, Bryant, Campbell, Carter, Chaires, Clyatt, Cousins, Delk,
Duval, Fontane, Frink, Gettis, Golden, Gonzalez, Hankins, Heer-
mans, Helvenston, Holmes, Hull, Ingram, Irwin, Johnston, Knight,
McLeary, McQueen, Mims, Nicks, Parkhill, Penn, Pope, Roulhac,
Slaton, Smithson, Vogt, Whitfield and Wilson-41.
Nays-None.
So the resolution was adopted-title as stated.
Ordered that the same be certified to the Senate.
Resolution relative to a canal from St. Lucie River to Lake Oke-
chobee,
Was read the second time and ordered to be engrossed for a third
reading on to-morrow.
Preamble and resolutions asking Congress to make an appropria-
tion for the survey of a route for a Ship Canal from the waters of
Black Creek to the Suwannee River at a place near the mouth of
Santa Fe River,
Were read the second time and ordered to be engrossed for a
third reading on to-morrow.
A bill to be entitled an act to authorise Elizabeth Bathlow to sell
the real estate of the late Ephraim Guann, deceased, in Marion
county,
Was read the second time and referred back to the Committee on
Propositions and Grievances.
Senate bill to be entitled an act to authorize Andrew Jackson
Deens to establish a ferry across the Escambia river,
Was read the second time and ordered to be read a third time on
to-morrow.
Senate bill to be entitled an act governing in certain cases the
County Commissioners of Duval County,










95

Was read the second time and ordered to be read a third time on
to-morrow.
Senate bill to be entitled an act granting to Trustees for the bene-
fit of the Alabama and Florida Railroad Company, lands granted to
the State of Florida by the Congress of the United States for the pur-
pose of aiding in the construction of a Railroad from Pensacola to'
the State line of Alabama in the direction of Montgomery,
Was read the second time and ordered to be read a third time on
to-morrow.
Senate bill to be entitled an act to repeal an act in relation to a
Road Tax in the Counties of Putnam and Marion,
Was read the second time.
On motion of Mr. Vogt, said bill was amended by filling the
blank in the 6th line of the 1st Section with the figure "4."
Said bill was then ordered to be read a third time on to-morrow.
Senate bill to be entitled An act to distribute the interest of the
School Fund in each County,
Was read the second time, and referred to the Committee on
Schools and Colleges.
Senate bill to be entitled An act to authorize Mary Morifio, a mi-
nor, to assume the management of her own estate,
Was read the second time and ordered to be read a third time on
to-morrow.
Senate bill to be entitled An act to allow William S. Perry to en-
ter the North-west quarter of Section sixteen, Township ten, Range
twenty-two, of the CommonSchool lands,
Was read the second time and ordered to be read a third time on
to-morrow.
Senate bill to change the names of James Bell, Martha Ann
Odham, and Emory Odham,
Was read the second time and ordered to be read a third time on
to-morrow.
Senate bill for the relief of Alexander Purviance, Absalom S. Smith,.
Ira S. Rouse and W. W. Burk,
Was read the second time and referred to the Committee on Pro-
positions and Grievances.
A bill to alter and amend the law in regard to Auctioneers in this
State.
Was read the first time and ordered to be read a second time on
to-morrow.
A bill to be entitled An act to extend the jurisdiction of Justices
of the Peace in certain cases within this State,
Was read the first time and ordered to be read a second time on
to-morrow.
A bill to be entitled An act for the relief of Drucilla Baker, of.
Franklin county, Florida,












Was read the first time and ordered to be i end a second tine on'
to-morrow.
A Resolution to provide for clearing out tlh Ocklawaha' River for.
Steamboat Navigation,
Was read the first time.
Mr. Bellamy moved that said Resolution be indefinitely post.
poned, upon which motion the yeas and nays were called' for by
Messrs. Bellamy and Penn and were as follows:
Yeas-Messrs. Bellamy, Braddock, Brokaw, Campbell, Carter,
Chaires, Duval, Fontane, Frink, Golden, Gonzalez, Holmes, Ingram,-
Irwin, McLeary, Penn, and Wilson-17.
Nays-Mr. Speaker, Messrs. Arnau, Bryant, Clyatt, Cousins,
Delk, Gettis, Hankins, Heermans, Helvenston, Hull, Johnston;,
Knight, McQueen, Mims, Nicks, Parkhill, Pope, Roulhac, Slaton,-
Smithson, Vogt, and Whitfield-23.
So the House refused to postpone said Resolution indefinitely.
On motion of Mr. Parkhill, 80, copies of said Resolution were or-
dered to be printed.
Said Resolution was then ordered to be read a second time on'
to-morrow.
Senate Resohition asking Congress to grant lands to this State
in lieu of the 16th Sections in Forbe's Purchase and the Arredondo'
grant,
Was read the first time and ordered to be read a second time on'
to-morrow.
Senate Bill to be entitled an act in relation to pilotage at the port
of Key West in the County of Monroe,
Was read the first time and ordered to be read a second time on
tomorrow.
Mr. Ingram moved that the House adjourn until to-morrow 11
o'clock, A. M.
Which was not agreed to.
Mr. Parkhill moved that the House adjourn until to-morrow 12:
o'clock, M.,
Which was not agreed to.
On motion of Mr. Slaton, the House adjourned until to-morrow,
10 o'clock, A. M.



TUESDAY, DEC. 9, 1856.
The House met pursuant to adjournment-a quorum present.
The reading of the journal of yesterday was dispensed with.
The following bills and resolutions which had- passed the House
were transmitted to the Senate, viz:












A bill to exerfpt the citizens of Cedar Keys from' foad duty ih'
certain cases;
A bill to be entitled an act to repeal an act entitled an act author-
izing a Road tax in Hernando county, approved December 14, 1855;
Resolution for the relief of R. H. M. Davidson and M. M. John.
ston;
Resolution for the relief of John S. Perry;
Senate bill to be entitled an act to declare Yellow River naviga,
ble; and
Senate bill for relief of Isaiah Cobb.
Notice was given of intention to introduce the following bills at
some future day, viz:
"By Mr. Cousins:
A bill to improve the navigation of the Suwannee River.-
By Mr Parkhill:
A bill to be entitled an act to establish legal Weights and Meas.
ures.
By Mr. Alford:
A bill to be entitled an act amendatory of an act concerning
License to retail Spirituous Liquors.
Pursuant to previous notice, the following bills were introduced
and placed among the orders of the day, viz:
By Mr. Knight:
A Bill to be entitled an act to authorize James W. Bryant to est
tablish a ferry across the St Johns River.
By Mr..Frink:
A bill to be entitled an act to authorize George Bell, a minor, to'
assume the management of his own estate.
Mr. Bryant asked leave of absence for the balance of the Session.
Upon the question of granting leave the yeas and nays were called
for by Messrs. Taylor and Daval, and were as follows:
Yeas--'Messrs. Alford, Bellamy, Buffington, Clyatt and Whit-
field-5.
Nays-Mr. Speaker, Messrs. Arnan, Braddock, Brokaw, Carter,
Chaires, Cousins, Delk, Duval, Fontane, Frink, Gettis, Golden,
Gonzalez, Hankins, Heermans, Helvenston, Holmes, Hull, Ingram,
Irwin, Johnston, Knight, McLearv, McQueen, Mims, Nicks, Park.
hill, Pope, Roulhac, Slaton, Smithson, Taylor and Vogt-34.
So the House refused to grant a leave of absence to Mr. Bryantl
The Committee on Enrolled Bills made the following report:
The Committee on Enrolled Bills beg leave to report the follow.-
ing bills as correctly enrolled, viz:
A- bill for the relief of Dr. George D. Fisher.
A bill to be entitled an act to separate the office of Tax-Assessor'
and Collector from that of Sheriff in Alachua county.
IS









98

An act to authorize William H. Watson to establish a ferry across
the Suwannee and Withlacoocheee Rivers.
A resolution asking Congress to establish a mail route.
C. P. CHAIRES, Chairman.
Which was read.
The Committee on Engrossed Bills made the following report:
The Committee on Engrossed Bills beg leave to report the follow-
ing Bill and Resolutions as correctly engrossed:
Preamble and Resolutions asking Congress to make an appropri-
ation for the Survey of a Route for a ship Canal from the waters of
Black Creek to the Suwannee River, at a place near the mouth of
the Santa Fe River;
Resolution relative to a Canal from St. Lucie River to Lake Oke-
chobee;
A Bill to be entitled an act to Incorporate the Perdido RailRoad
Company.
J. W. BRYANT, Chairman.
Which was read.
The Committee on the Judiciary made the following report:
The Judiciary Committee, to whom was referred a bill to be en-
titled an act further to define the duties of the Probate Courts of this.
State, instruct me to report the same back to the House with an ad-
ditional section, and recommend its passage.
JAMES GETTIS, Chairman.
Which was read and concurred in, and the accompanying bill
placed among the orders of the day.
The Select committee, to whom was referred a bill to be entitled
an act to change the present mode of selling State lands, made the
following report:
The Committee to whom was referred the bill to be entitled an
act to change the present mode of selling the State Lands, beg
leave to
REPORT:
That having given to the subject under consideration their careful
attention, they find from an inquiry at the United States Land Office
at this place, that the bill now before your committee proposes to
adopt the same system of sales with that in the United States Land
Office-a system that long experience has proved to be as perfect as
the wisdom of man can devise. Your committee therefore report
the bill back to the House without amendment, except the addition
of a section to facilitate the adjustment of the business between the
"offices of the Register and Treasurer, and recommend its passage
and ask to be discharged.
W. E. M. COUSINS, Chairman,
B. W. BELLAMY,
HUTTO L. BRADDOCK.










99

Which was read and concurred in and the accompanying bill
placed among the orders of the day.
The following message was received from the Senate:
SENATE CHAMBER, December 8th, 1856.
Hon. Speaker of the
House of Representatives:
SIR-The Senate has passed the following bills and resolution,
viz :
"A bill to be entitled an act for the better security of property;
"A bill to be entitled an act to regulate Pilotage at the Port of
Fernandina in the county of Nassau and at the Port of Cedar Key
in the county of Levy;
House bill to change the name of Sarah A. Falana;
House bill, an act to provide for the election of a County Site of
Holmes county;
House bill, an act for the relief of N. O. J. Staley, Tax Assessor
and Collector of Jackson county;
"A bill for the relief of James N. Hendry;
"A bill to be entitled an act authorizing the County Commission-
ers of Eseambia to subscribe for stock in the Florida and Alabama
Rail Road company;
A bill to be entitled an act to enable Joseph M. Taylor of Her-
nando county to enter and pay for certain portions of the Common
School Land;
Resolution relative to the establishment of a Land Office in the
Town of Milton. Very Respectfully,
S. J. PERRY,
Secretary of the Senate.
Which was read and the Senate bills and resolution placed among
the orders of the day and the House bills ordered to be enrolled.

ORDERS OF THE DAY.

A bill to be entitled an act to provide for the payment of the
debts of the State,
Was read the second time, and, on motion of Mr. Gettis, the
House resolved itself into Committee of the Whole for the consider-
ation thereof, Mr. Whitfield in the chair.
After some time spent in consideration thereof, the Committee
rose and by its Chairman reported said bill back to the House with
sundry amendments and asked to be discharged,
SWhich report was received and concurred in and the bill as
amended was read the second time and ordered to be engrossed for
a third reading on to-morrow, arid 80 copies thereof ordered to be
printed for the use of the House.









100

S.Mr. Bryant tendered his resignation as a member of the House of
representatives,
Which, on motion of Mr. Gettis, was postponed until to-morrow.
The Speaker laid before the House the following invitation:
OFFICE TALLAIASSEE R. R. COMPANY, ?
December 9th, 1856. 5
To the Hon. Speaker and Members of the House of Representatives
Sof the State of Florida:
GENTLEMEN: The Board of Directors of the Tallahassee Rail-
road Company invite your honorable body to make an excursion on
their ro,id on Saturday next. The cars will leave the Depot at Talla-
hassee at ten o'clock, A. M., and return at or before four o'clock, P.
M. Hoping it will be convenient for you to accept this invitation,
and thus have a practical illustration that Florida can build railroads
that will compare favorably with roads in other sections of the
country,
We are, gentleman, with respect,
Your obd't serv'ts,
E. HOUSTOUN,
President Board Directors Tallahassee R. R. Co.
Which was read.
Mr. Bellamy moved that the House adjourn until to-morrow, 10
.o'clock, A. M,,
SWhich was not agreed to.
Mr. Cousins moved that the House take a recess until 3 o'clock,
P. M.,
Which was not agreed to.
Mr. Parkhill moved that the House adjourn until to-morrow 11
o'clock, A. M., *
Which was not agreed to.
On motion of Mr. Slaton, the House adjourned until to-morrow,
.9 o'clock, A. M.



WEDNESDAY, DEC. 10, 1856.
The House met pursuant to adjournment-a quorum present.
The Rev. Mr. Anderson officiated as Chaplain.
On motion, the reading of the Journal of yesterday was dispensed
with.
Mr. Cousins moved that the Committee on Indian Affairs be in.
structed to report to this House at their earliest convenience an ab.
stract of the debts now due by the State on account of Indian Af&
fairs, specifying in case of debts due for services rendered by the