A Journal of the proceedings of the House of Representatives of the ... General Assembly of the State of Florida, at its ... session

HOUSE JOURNAL---9th Session.

A

OF THE

HOUSE OF REPRESENTATIVES

OF THE

GENERAL ASSEMBLY

OF THE

SAT ITS

NINTH SESSION,

" BEGUN AND HELD AT THE CAPITOL, IN THE CITY 6F TALLA-
IASSEE, ON MONDAY, NOVEMBER 22D, 1858.

OFFICE OF THE FLORIDIAN & JOURNAL.
POINTED BY JONES & DYKE.

.1858.

9

JS5~33

/K X.

JOURNAL

Of the House of Representatives of the General Assembly of
Florida, at the ninth session thereof, began and held at the Capitol,
in the city of Tallahassee, in the State of Florida, on Monday, the
twenty-second day of November, in the year of our Lord, one
S thousand eight hundred and fifty-eight;
On which day, being that fixed by the Constitution of the State
of Florida for the meeting of the General Assembly, the House of
S Representatives was called to order by Hugh A. Corley, Clerk of
the House of Representatives of the last General Assembly, who-
S proceeded to call the roll by counties, when the following mem-
"bers appeared, presented their certificates of election and were seve-
S rally sworn by C. H. Austin, Justice of the Peace, viz:
From Jackson county, JOHN M, F. ERWIN,
JOHN W. McCRARY,
IsAAC C. ROBINsoN,
Gadsden and Liberty counties, R. H. M. DAVIDSON,
Wakulla county, T. J. M. RICIHARDSOX,
Jefferson GEORGE WIIITFIILD,
Madison, Lafayette and Taylor Lucius A. CIURCH,
,W11. tI. POPE,
Columbia county, STEPHEN ROBERTS,
CYPRIANN BRINsoN,
ROBERT n. D. PEACOCK,
Nassau TIHOMAs II. HUrT,
Duval FREDERICK C. BARRETT,
JOHN G. SMITH,
Plutnamr CALVIN GILLIS,
"Orange TnoiAS HUGHEY,
Volusia JOHN W. STAKE,
"Brevard JoIN S. HEERMANS.
Mr. WILLIAM W. SLONE presented an informal certificate of
election as Representative from Sumter county.
On motion of Mr. BARRETT, Mr. WIIITFIELD was called to the
-'- Chair.
S There being no quorum present, on motion, the House adjourned
until to-morrow 11 o'clock, A. M.

4

TUESDAY, November 23d, 1858.

The House met pursuant to adjournment.
The roll being called by counties, the following members ap-
peared and took their seats, viz:
From Walton county, NEILL J. McKINNON,
Washington county, SIIARPLESS EVANS,
Holmes CLARK BnOXSON,
Jackson ISAAC C. ROBINSON,
'JoHN W. McCRARY,
JOHN- M. F. ERWIN,
Franklin ROBERT D. MUNN,
Gadsden and Liberty counties, R. H. M. DAVIDSON,
ARCHIBALD CAMPBELL,
D. L. KENAN,
Leon county, ROBERT C. WILLIAMS,
JoHN B. GALBRAITH,
T. W. BREVARD, Jr.,
JOSEPH B. CHRISTIE,
Wakulla county, T. J. M. RICHARDSON,
Jefferson, GEORGE WHITFIELD,
A. M. MANNING,
DANIEL B. BIRD,
Madison, Lafayette and Taylor, Lucius A. CIiURCr,
W. H. POPE,
C. C. COFFEE,
Hamilton county, JOHN FrINK,
"Columbia R. M. D. PEACOCK,
STEPHEN ROBERTS,
CYPRIAN BRINSON,
"Nassau THOMAs H. HUNT,
"Duval JOHN G. SITIH,
FREDERICK C. BARRETT,
Alachua TILLMAN INGRAM,
Marion D. A. VOGT,
SPutnam CALVIN GILLIS,
Orange THOMAS HUGHEY,
Volusia JOHN W. STAKE,
Brevard JOHN S. HEERMANS,
Levy A. J. CLYATT,
Hillsborough county, JAMES GETTIS,
Manatee ARCHIBALD MCNEILL,
Monroe WALTER C. MALONEY.
So there was a quorum present.

The oath of office was administered, by Edward M. West., Esq.,
Justice of the Peace, to Messrs. McKinnon, Evans, Broxson, Munn,
Campbell, Kenan, Williams of Leon, Brevard, Galbraith, Christie,
Manning, Bird, Coffee, Frink, Ingram, Vogt, Clyatt, Gettis, McNeill
and Maloney.
On motion, the House proceeded to the election of Speaker.
Mr. Ingrain nominated Mr. JoiN B. GALBRAITII of Leon county.
Mr. Barrett nominated Mr. R. H. M. DAVIsoN of Gadsden
county.
The vote was:
For Mr. GALBnAITII-Messrs. Bird, Brevard, Brinson, Campbell,
Christie, Clyatt, Cdffee, Evans, Frink, Gettis, Gillis, Heermans,
Hughey, Hunt, Ingram, Kenan, Manning, McCrary, McKinnon, Mc-
Neill, Munn, Peacock, Pope, Richardson, Robinson, Starke, Vogt,
Whitfield and Williams of Leon-29.
For Mr. DAVIDSON-Messrs. Barrett, Broxson, Church, Erwin,
Roberts and Smith-6.
Blank--Messrs. Davidson, Galbraith and Maloney-3.
Mr. Galbraith was declared duly elected Speaker.
On motion of Mr. Ingram, a Committee of three was appointed,
consisting of Messrs. Ingram, Bird and Pope, to conduct the Speaker
to the Chair.
On being conducted to the Chair, the Speaker addressed the
House of Representatives as follows:
Gentlemen of the House of Representatives:
I return you my sincere and heartfelt thanks for this mark of
your confidence and esteem, and shall show my gratitude by exert-
ing myself to the utmost of my limited ability to discharge the du-
ties of Speaker with efficiency, punctuality and impartiality. 1 hope
and expect that each member will render me that support in the
performance of these duties, without which it will be impossible to
preserve that harmony and regularity in our proceedings which will
so much promote the wisdom and promptness of our actions.
We are assembled here, gentlemen, to perform the highest func-
tion of government-the Legislative power. W6 have been selec-
ted to exercise the greatest power that one human being can exer-
cise over others-to make Laws for them; and it becomes us as
men thus selected to discharge our duties with a serious and earnest
desire to perform them well, and to justify the confidence that has
been reposed in us.
In a youig and growing State like ours, the action of each Le-
gislature tells with powerful effect upon its future destiny. Florida
has glorious prospects, and great natural resources to be developed.
On the wisdom and policy of her laws depends in a great measure
her growth in wealth and power, and the happiness of her people.
Let us, then, gentlemen, approach the discharge of our duties with

'that high sense of honor, rigid impartiality and strict integrity and
justice which so eminently becomes men in our position, that each
member may carry away from these halls a clear conscience and a
satisfaction that he has done his best; and when years shall have
passed by and many of the petty contests of the day are forgotten,
we may refer to our acts with pride and satisfaction, and the re-
cords will show that we deserve well of our country.

The House then proceeded to the 'election of a Chief Clerk.
Mr. Ingram nominated Mr. Robert B. Hilton.
The vote was:
For HILTON-Mr. Speaker, Messrs. Barrett, Bird, Brevard, Brin-
son, Broxson, Campbell, Christie, Church, Clyatt, Coffee, Davidson,
Erwin, Evans, Frink, Gettis, Gillis, Heermans, Hughey, Hunt, In-
gram, Kenan, Maloney, Manning, McKinnon, McNeill, Munn, Pea-
cock, Pope, Richardson, Roberts, Robinson, Smith, Starke, Vogt,
Whitfield and Williams of Leon-37.
Blank-Mr. McCrary-1.
Mr. Hilton was declared duly elected Chief Clerk.
A Committee from the Senate announced that the Senate was or-
ganized and ready to proceed to business.
The House proceeded to the election of an Assistant Clerk,
Mr. Ingram nominated R. M. Quinn.
Mr. Davidson nominated William Thomas.
The vote was :
For QuINN-Mr. Speaker, Messrs. Bird, Brevard, Brinson, Camp-
bell, Christie, Clyatt, Coffee, Evans, Frink, Gettis, Heermans,
Hughey, Hunt, Ingram, Kenan, Maloney, Manning, McCrary, Mc-
Kinnon, McNeill, Peacock, Pope, Richardson, Roberts, Robinson,
Starke, Vogt, Whitfield and Williams of Leon-30.
For TiHoiMAS-Messrs. Barrett, Broxson, Church, Davidson, Er-
win and Smith-6.
Mr. Quinn was declared duly elected Assistant Clerk.
The House proceeded to the election of an Enrolling Clerk.
Mr. Ingram nominated Mr. J. K. Hudson.
The vote was:
For HuDson-Mr, Speaker, Messrs. Barrett, Bird, Brevard, Brin-
son, Broxson, Campbell, Christie, Church, Clyatt, Coffee, Davidson,
Erwin, Evans, Frink, Gettis, I..ln.i r Hughey, Hunt, Ingram,
Kenan, Maloney, Manning, MeCrary, McKinnon, McNeill, Munn,
Peacock, Pope, Richardson, Robinson, Starke, Vogt, Whitfield and
Williams of Leon-35.
Blank-Mr. Roberts-1.
Mr. Hudson was declared duly elected Enrolling Clerk.
"The House proceeded to the election of an Engrossing Clerk.
Mr. Ingram nominated George F. Robinson.
The vote was:

For ROBINsoN-Mr. Speaker, Messrs. Barrett, Bird, Brevard,
Brinson, Broxson, Campbell, Christie, Church, Clyatt, Coffee, Da-
vidson, Erwin, Evans, Frink, Gettis, Heermans, Hughey, Hunt, In-
gram, Kenan, Malorey, Manning, McCrary, McKinnon, McNeill,
Munn, Peacock, Richardson, Roberts, Robinson, Smith, Starle,
Vogt,.Whitfield and Williams of Leon-36.
Mr. Robinson was declared duly elected Engrossing Clerk.
The House proceeded to the election ot a Door-keeper.
Mr. Ingram nominated William, Rowell.
Mr. Davidson nominated Samuel A. Rudd.
The vote was:
FoR ROWELL-Mr. Speaker, Messrs. Bird, Brevard, Brinson,
Campbell, Christie, Clyatt, Coffee, Evans, Frink, Gettis, Heermans,
Hunt, Ingram, Kenan, Manning, McCrary, McKinnon, McNeill,
Munn, Peacock, Pope, Richardson, Robinson, Starke, Vogt, Whit-
field and Williams of Leon-28.
For RuDD-Messrs. Barrett, Broxson, Church, Davidson, Erwin
and Smith-6.
BLANK-Messrs. Maloney and Roberts-2.
Mr. Rowell was declared duly elected Door Keeper.
The House proceeded to the election of a Sergeant-at-Arms.
Mr. Ingram nominated Sherrod B. Shehee.
The vote was:,
For SIIEIIEE-Mr. Speaker, Messrs. Barrett, Bird, Brevard, Brin-
son, Broxson, Campbell, Christie, Church, Clyatt, Coffee, Davidson,
Erwin, Evans, Frink, Gettis, Heermans, Hughey, Hunt, Ingram,
Kenan, Maloney, Manning, McCrary, McKinnon, McNeill, Munn,
Peacock, Pope, Richardson, Roberts, Robinson, Smith, Starke, Vogt,
Whitfield and Williams of Leon-37.
Mr. Shehee was declared duly elected Sergeant-at-Arms.
The House proceeded to the election of-a Messenger.
Mr. Ingram nominated George W. Floyd.
The vote was:
Fon FLoYD-Mr. Speaker, Messrs. Barrett, Bird, Brevard, Brin-
son, Broxson, Campbell, Christie, Church, Clyatt, Coffee, Davidson,
Erwin, Evans, Frink, Gettis, Heermans, Hughey, Hunt, Ingram,
Kenan, Maloney, Manning, McCrary, McKinnon, McNeil], Munn,
SPeacock, Pope, Richardson, Roberts, Robinson, Smith, Starke, Vogt,
Whitfield and Williams of Leon-37.
Mr. Floyd was declared duly elected Messenger.
On motion of Mr. Kenan, a Committee was appointed consisting
of Messrs. Kenan, Williams of Leon and Bird, to engage the servi-
ces of a Chaplain for the present session.
The officers elect were duly sworn by Edward M. West, Esq.,
SJustice of the Peace.
On motion of Mr. Vogt, a Committee was appointed consisting of
Messrs. Vogt, Whitfield and McNeill, to wait upon the Senate and

8

inform that body that the House is now organized and ready to pro-
ceed to business.
On motion of Mr. Barrett, a Committee was appointed, consisting
of Messrs. Barrett, Bird and Kenan, 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. Davidson, the Rules of the House of the last
session were adopted for the government of this House until other-
wise ordered.
On motion of Mr.. Brevard, the Messenger was instructed to pro-
cure from the Secretary of State, for the use of the members of the
House, copies of the Constitution and copies of the Acts and Jour-
nals of the last session of the General Assembly, and a copy of
Thompson's Digest for each of the Committees of this House.
On motion of Mr. Ingram, the House proceeded to the election
of a Printer.
Mr. Ingram nominated Messrs. Jones & Dyke.
The vote was:
For JONEs & DYKE-Mr. Speaker, Messrs. Barrett, Bird, Brevard,
Brinson, Broxson, Campbell, Christie, Church, Clyatt, Coffee, Da-
vidson, Erwin, Evans, Frink, Gettis, Heermans, Hughey, Hunt, In-
gram, Kenan, Maloney, Manning, McCrary, McKinnon, McNeill,
Munn, Peacock, Pope, Richardson, Roberts, Robinson, Smith, Starke,
Vogt, Whitfield and Williams of Leon-37.
Messrs. Jones & Dyke were declared duly elected Printers for
the House.
On motion of Mr. Williams of Leon, the Messenger was instruct-
ed to purchase stationery for the use of the members of the House.
On motion the House adjourned until to-morrow, 10 o'clock, A. M.

WEDNESDAY, November 24th, 1858.

The House met pursuant to adjournment-a quorum present.
The Journal of the last two days was read, amended and ap.
proved.
The following members appeared, presented their certificates of
election, and were duly sworn by C. H. Austin, J. P.:
From Santa Rosa county-JOHN D. LEIGH,
From Sumter county--Jon W. JOHNSTON.
Notice was given of intention to introduce the following bills at
some future day, viz:
By Mr. Campbell:
A bill to amend an act entitled an act to organize Liberty county,
By Mr. Gettis:

9

A bill to be entitled an act to incorporate Florida Peninsula Rail.
road.
By Mr. McNeill:
A bill to be entitled an act to provide for the occupation and set-.
tlement of that portion of the Peninsula of South and East Florida,
South of Township thirty-one (31.)
By Mr. Vogt:
A bill to be entitled an act to incorporate Marion. Lodge No. 19.
On motion of Mr. Ingram, a committee of three was appointed,
consisting of Messrs. Ingram, Barrett and Brevard, to contract
with the Printers for the printing of the present Session.
On motion of Mr. Davidson, a Committee of three was appointed
consisting of Messrs. Davidson, Clyatt and Gillis, to draft rules for
the government of this House.
The committee appointed to select a Chaplain for the present ses-
sion, reported that they had engaged the services of the Rev. F. A.
Branch.
Which report was received and the committee discharged.
On motion of Mr. Whitfield the rule was waived, and he allowed
to introduce the following resolution:
Resolved, That when this House adjourns, it do adjourn till Fri-
day next, at 11 o'clock; to-morrow being the day set apart by his
Excellency the Governor, to be observed by the citizens of the State
as a day of Prayer and Thanksgiving.
Which resolution was adopted.
The committee appointed to wait on his Excellency the Governor
and inform him of the organization of the House, reported that they
had performed their duty and were discharged.
The following message was received from his Excellency the Gov-
ernor and read:
EXECUTIVE CHAMBER,
Tallahassee, November 22, 1858.
Fellow-Citizens of the Senate
and House of Representatives :
In welcoming you to the seat of government, it affords
me great pleasure to congratulate you upon the favorable
circumstances under which you have assembled.
Through a kind Providence, the general health of our
people has been preserved in an unusual degree, and the
husbandman rewarded with fair returns. Whilst some
sections of our sister communities have been visited with
destructive floods and droughts, blighting the prospect of
9

10

the husbandman, and disease and death have stalked a-
broad in their most unrelenting forms, our commonwealth
has enjoyed a state of prosperity which-should be satisfac-
tory, and which calls upon us to be devoutly thankful to
the Author of all Good for mercifully protecting us against
such visitations.
I-pledge you, gentlemen, my cordial co-operation in all
matters requiringonr mutual concurrence, notdoubting that
your action will be confined to legitimate subjects of le-
gislation, influenced by disinterested patriotism to promote
the interests of our beloved State.
The State has had cause of complaint, in times past,
that the consideration of important measures was post-
poned until near the close of the session, and if acted upon
at all, they were characterized by the errors and defects in-
cident to hasty and inconsiderate legislation. It is there-
fore hoped that a mere allusion to the subject will prevent
similar occurrencesin the future.
The Constitution makes it incumbent upon the Execu-
tive 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 ac-
companying.
OFFICIAL REPORTS.
The reports of the Comptroller of Public Accounts, the
Treasurer, the Register of Public Lands, the Attorney
General, and the Secretary and Treasurer of the Board of
-Internal Improvement, are respectively referred to for all
matters severally relating-to their offices,
TAXATION.
On this subject, I beg leave to refer to the reports of
the Comptroller of Public Accounts for the year ending
October 31st, 1856, referred to the last General Assembly,
and those referred herewith. It will be seen by the Treas-
urer's report for the year ending October 31st, 1858, that

at that date there was a much larger balance than usual
in the Treasury, but the General Assembly will bear in
mind that the further disbursements of the present year,
and the sinking fund of five thousand dollars, as provided
for the redemption of State Bonds, will probably consume
this balance.
The ad valorem system of taxation adopted by this State
in 1S55 is, in my opinion, the correct principle. Property
of every description should be taxed in proportion to the
protection given. No one is taxed on that'which hle does
not own, and should be taxed on that which le does own.
The details of the law are no doubt imperfect, and could
be amended with advantage to the State and tax-payer.
Doubts exist as to the power of Tax Assessors to correct
or adjust returns made, however well assured they may be
that an under-valuation of property has been made. No
doubt should exist on that point. I believe that a proper .
valuation is most generally placed upon property by the *e'-
owners, (anid they are certainly the best judges of its val-
ue,) and justice to them requires that provision should be
made to compel all who, from ignorance or otherwise, are
disposed to evade the law, to make a true return of their
property according to the value thereof." It is equally
as important to know that the revenue collected has been
properly expended as to know what amount has been col-
lected. The people never complain of taxes when con-
vinced that they are necessary to the economical adminis-
tration of government.
INTERNAL IMPROVEMENTS.
The General Assembly, in 1855, passed an act "To pro-
vide for and encourage a liberal system of Internal Im-
Sprovement in this State," and indicated in the fourth sec-
tion of said act the objects to be aided under its provisions
from the Trdst Fund, and appointed the Governor, Comp-
troller, Treasurer, Attorney General and Register of State
ILands the Trustees of said Fund.

12

The grant of five hundred thousand acres of land, made
to this State by Congress in 1845 for internal improve-
ment purposes, and all the swamp lands subject to over-
flow granted by Congress in 1850 to this State, together
with all the proceeds that have accrued, or may hereafter
accrue, to the State from the sale of said lands, constitute
the Internal Improvement Fund.
Nearly ten million of acres have been patented to the:
State under the act of 1850, and it is estimated that seve-
ral millions will yet accrue to the State in South or Penin-
sula Florida. As soon as that portion of the State is sur-
veyed, the other selections will be made and reported-
Companies have been organized, and have accepted the
provisions of the act, on the various lines of road indicated
in the 4th section, and all are in course of construction ex
cept that portion of the line from Tallahassee to Pensa
cola, the greater portion of which is under contract condi-
tionally, and that portion of the line from Amelia Island
on the Atlantic to Tampa Bay in South Florida, with an
extension to Cedar Key in East Florida as lies between
the point of divergence with the extension and Tampa
Bay. A company has been organized to construct that
portion of the line which lies between the point of diver-
gence with the extension known as the Bellamy Station or
"Waldo and Tampa Bay, the Florida Railroad Company
having failed to accept that portion of the line within the
time prescribed by the act, and an application will be
made to the present General Assembly for a charter to
build a road on said line.
The Florida Railroad Company havd completed the
grading on their road, which is one hundred and fifty-four
miles in length, with the exception of a small amount of
trestle, which is in course of construction, and have laid
the iron upon about seventy-five miles, upon which the
cars are daily running.
The entire grading on the Florida Atlantic and Gulf

13

Central Road, a distance of sixty-two miles, is completed,
and about fifteen miles of the iron laid and the work
steadily progressing.
The Tallahassee and St. Marks Road, twenty-one miles
in length, is completed and in successful operation, and
has declared a dividend, after having provided for the pay-
ment of the interest on their bonds.
The Pensacola and Georgia railroad Company have
laid the iron from Tallahassee to Station Three, a distance
of twenty-five miles, and the grading will be completed to
Madison Court House by the 1st of January, 1859. From
Madison to Alligator, where it connects with the Florida
Atlantic and Gulf Central Road, is all under contract for
the grading, and the contractors are prosecuting it.vigor-
ously to completion. The distance from Tallahassee to
Madison Court House is fifty-six miles, and from Madison
to Alligator fifty miles, making the entire length of this
end of the line 106 miles.
The bridge across the Suwannee river is under contract
and in course of construction.
Means have been organized to continue the road from
Tallahassee to Quincy, a distance of twenty-two miles from
Tallahafsee. The grading, &c., from Apalachicola river
to Pensacola is under contract conditionally, leaving only
a gap from Quincy to the Apalachicola river, about
twenty miles, to be provided for.
The various lines of Road embrace about seven hundred
miles through the most fertile portions of the State, and
when completed will, (with the water facilities,) afford eve-
ry facility for travel and a ready means of transport for
freight of every character, and form an era in the prosper-
ity of our State of which the most sanguine have no con-
ception.
The Canal Commissioners have organized and are making
preliminary arrangements for the construction of a Canal
to connect the waters of the St. John's with Indian river.
This is perhaps one of the most important enterprises con-

14

templated by the Internal Improvement system. The Ca-
nal, it is thought, will drain large bodies of valuable land,
and render available some of the very best sugar lands in
the State. Valuable timber and the tropical fruits will
also form important items of export. It is estimated that
Peninsula Florida is capable of supplying abundantly the
demand of the United States for tropical fruits.
In inaugurating a system of Internal Improvement on
so large a scale, perfection in all its parts could hardly
have been expected.
The principle upon which it was organized is perhaps
unobjectionable, and whilst good faith requires that no act
which would manifestly impair the efficiency of the Fund
should be tolerated, it is nevertheless the part of wisdom
for the legislature to correct such errors of detail as have
been developed by the practical workings of the system, and
clearly to define the powers and duties of the Trustees
where doubts have arisen.
There exists a difference of opinion as to the powers con-
fided to, and duties required of, the Trustees of the Inter-
nal Improvement Fund in order to assure a proper ap-
plication of the Trust Fund," and to this subjcc I invite
the consideration of the Legislature. We have but fairly
made a beginning to carry out the grand scheme of Inter-
nal Improvements contemplated and authorized by the act
" to provide for and encourage a liberal system of Internal
Improvement in this State," and it is highly proper that
the rights and,duties of all parties operating under it
should be clearly defined and well understood. It will not
be denied that all the lines of Road within the State, which
are in course of construction, are dependent upon the Bonds
upon which the interest is guaranteed by the Trust Fund
for their farther progress.
It is made the duty of the Trustees to pay the interest
on the bonds during the construction of the Roads indica-
ted in the 4th section of the act, should the companies fail
to pay the same, and after their completion should the nett

16
":'.n ,lig of the roads prove insufficient. The 13th section
provides," That if, on completion of any of the Rail Roads
indicated in section 4, the nett earnings should be less than
six per cent. on the capital stock paid in, and bonded debt
of said company, first deducting one per cent. per annum
paid in to the sinking fund, it shall be divided pro rata be-
tween the stock account paid in and bonded debt, and the
Internal Improvement Fund shall pay the deficiency duo
on account of interest from time to time as it may fall
due."
All thelines of Road indicated in the 4th section have
filed with the Trustees "notices of acceptance of the pro-
"visions of the act," upon the doing of which the Trust Fund
is bound to guarantee the interest on the bonds of the sev-
eral companies at the rate of ten thousand dollars per mile,
upon being satisfied that the party making application has
complied with the requirements of the act. It is considered
by some, that the only duty imposed upon the Trustees is
to certify the interest upon the bonds of the several compa-
nies as presented and when presented, upon the filing of
the certificate and affidavits required by the provisions of
the act; that they are'not authorized or empowered to en-
quire whether or not the proposed location of any Road is
a good one, in reference to the wants of the people and the
"safety of the Trust Fund, (which forms the basis of the
whole superstructure,) or if the Roads are being construc-
ted in accordance with the specifications of the Act, and
have sufficient outlet to the ocean for sea steamers at their
termin'ii," as required by some of their charters; or, in any
wise to supervise the action of the companies which have
accepted the provisions of the Act.
If this is the proper interpretation of the law ; if the State
has set apart ten or twelve million acres of land to aid in
the construction of certain lines of Road upon conditions
which are rapidly absorbing and will probably absorb the
whole fund, and the Trustees are powerless, save to execute
the bonds when presented and as presented, the sooner the

IR

error is corrected the better, or otherwise abolish the Board
of Trustees, and at least save the seventeen hundred dollars
which are annually being paid to some of its members in
the shape of salaries. I entertain very different views of
the powers and duties of the Trustees, and will act upon
them in the absence of further legislation upon the subject.
By the second section of the act this fund is vested in
the Trustees, with express power to sell and convey the
lands, and to receive, invest, manage and. control the pro-
ceeds. -The paramount object of this trust is ft assure
the proper application of the Fund" to the uses and purpo-
ses set forth and expressed in the act. In order to enable
the Trustees to execute and carry the Trusts herein reposed
in them, certain powers are expressly colfilde.l by the pro-
visions of the act, and while these expressed provisions
serve to provide for the protection of the Fund against the
failure of the several Railroad Companies to refund to the
Trustees the amount of interest paid by them out of the
Fund upon the Bonds of the several Companies, after the
completion of their roads, provided the nett earnings of the
Road are sufficient after their completion ; yet there are
no expressed powers given which adequately protect the
fund against frauds, misrepresentation, false certificates
and the like. It is a question, therefore, whether or not, the
Trustees may for these, or any other purposes, exercise
discretionary powers, or powers not expressly set forth in
the act. I think they may, and ought to exercise such
powers whenever in their judgment the protection of the
fund against fraud of any character demands it. This is a
question of great importance and demands the serious con-
sideration of the General Assembly, and will I trust find
such solution as may best subserve the objects of the Trust
and the speedy consummation of the system it is intended
to promote.
I am clearly of opinion that the Trust Fund should be
represented by at least one Director in every company, as
ioou as notice is given by said company of its acceptance

17

of the provisions of.the act. As soon as the notice of ac-
ceptance-is filed with the Trustees, the fund is pledged for
the interest upon the ten thousand dollars per mile, and
should be represented by a Director, whose duty it should
be to examine all contracts relating to the construction of
the road, the manner of construction, and exercise a gene-
ral supervision, "in order to assure a proper application
of the fund," and report to the Trustees all failures to con-
struct the road in strict conformity to the specifications of
the act. This could not be objected to by any company
disposed to deal fairly, and no company should be allowed
to deal otherwise. The Director should be subject to re-
moval by the Trustees during the adjournment of the
Legislature, and the Trustees should have the power to fill
said vacancy, subject'to the approval of the'Legislature at
its next session. True, the 14th section of the act pro-
vides, "That for all payments made by the Trustees of the
Internal Improvement Fund on account of interest for any
railroad company, agreeably to the provisions of this act,
said Trustees shall demand and receive from said railroad
company equal amounts of the capital stock, which stock
shall entitle the Internal Impr6vement Fund to all the
rights, privileges and advantages of private stockholders,"
which means, that the Trust Fund can never be repre-
sented until the Trustees shall have purchased a sufficient
amount of stock, by the payment of interest on the bonds
of the company, to elect one of their number ca Director.
Before which, however, a few individuals make a bogus
subscription for a large sum, organize a company, locate
the road unwisely, may be, not to say improperly, let out
the contracts at a high figure and construct a portion of it,
perhaps, very imperfectly. All this is or may be done be-
fore the Trust Fund can be represented in the Board of
Directors. Take, for example, the Florida Railroad Com-
pany. A few individuals subscribe a million of dollars of
capital stock, organize a company, locate the road and let
3

out the contracts. The 31st section of the act authorizes
the issuing of one hundred thousand dollars for the struc-
ture necessary' to cross from the West side of Nassau
river to Amelia Island: Provided, That said b6nds shall
not issue except in payment for work done, and then only
as the 1workc progresses, upon the certificate of the State
Engineer that such work has been done, and that the
amount of bonds issued is required therefore The com-
pany made the certificates required by the law through
the State Engineer, and drew the bonds. In this connec-
tion, Mr. John Bradford, an'Engineer of character, intelli-
gence and strict integrity, who had been ordered by the
Trustees to examine and report upon the manner of con-
struction and condition of the Florida Railroad, remarks
in his report to the Trustees, "that, as the road does not
cross Nassau river, I do not know on how much of the
road the company used the one hundred thousand dollars
of bonds, but am confident, that, at the price paid for that
kind of work, all the bridges and trestle work on the first
fifty miles of the road could have been built for fifty thou-
sand dollars."
He further says : "The trestle across Amelia marsh is a
very simple and cheap structure, and has not the strength
which it should have, it being a bent of two piles every
ten feet, sawed off level on top, with a cap-sill pinned on
their top and two stringers pinned to those caps immedi-
ately over the piles, and in the whole one and a quarter
mile of trestle there is not, that I could find, a mortice or
tenon joint, or a brace of any kind, and on that trestle is a
three degree curve."
The seventh section provides-" That after any Rail-road
company shall have graded twenty miles of road-bed con-
tinuously, and furnished the cross-ties agreeably to the spe-
cifications of this act, and shall give notice to thd State
Engineer, it shall be his duty to examine personally said
section of twenty miles, and if, after full examination, he
shall approve the construction of said twenty miles, then

it shall be his duty to certify the same to the Trustees of
the Internal Improvement Fund; and on the completion
of the grading and furnishing of the cross-ties of each ad-
ditional ten miles continuously, the State Engineer shall
also examine the same, and if constructed in accordance
with the provisions of this act, shall certify the same to the
Trustees of the Internal Improvement Fund."
On the 18th day of August, 1857, the Engineer selected
to examine' the Florida Railroad certified that the compa-
ny was in condition to receive bonds on thirty additional
miles, having previously drawn for fifty miles, making
eighty miles in all, and that the road was constructed in
accordance with the specifications of the act as to grade,
clearing, ditches, &c., and that the cross-ties were deliver-
ed along the line of the road, of good heart timber, at the
rate of one for every two and-a half feet. The President,
and four of the Directors made oath that the iron to lay
the last section of thirty miles, for which bonds were ap-
plied for, was within the limits of the State, paid for and
to be paid for with the proceeds of the bonds, and the Pre-
sident executed a bond with security, conditioned that the
iron should be laid upon the last section of thirty miles
upon which bonds had been guaranteed. Thereupon the
Trustees certified and delivered unto the Florida Railrohd
Company bonds to the amount of two hundred and forty
thousand dollars. It was suggested to the Board of Trus-
tees, some time after the bonds had been delivered to the
Florida Railroad Company, that application for bonds had
been made by the Company in advance of its legal right;
that a large amount of work had been done between the
fifty and eighty mile points subsequent to the date of the
certificate of the Engineer, and that it was not completed
until the latter part of November or the first of December,
1857, (from three to four months :) whereupon the Board
of Trustees, by a resolution, instructed the Secretary of the
Board to notify the Engineer who gave the certificate that
the facts were not in accordance with his certificate, and

20

that an explanation was desired. This information was
lodged with the Truestees on the 12th of February, 1858,
and is in the possession of the President of the Board. I
regret to say that no explanation has ever been offered.
The second clause of the Act incorporating a company
to construct a railroad across the Peninsula of Florida, un-
der the name and style of the Florida Railroad Company,"
is as follows:
"SEc. 2. Be it further enacted, That the said Railroad
shall commence in East Florida upon some tributary of the
Atlantic Ocean, within the limits of the State of Florida,
having a sufficient outlet to the ocean to admit of the pas-
sage of sea steamers, and shall run through the eastern and
southern part of the State in the most eligible direction to
some point, bay, arm or tributary of the Gulf of Mexico in
South Florida, south of the Suwanne'e River, having a suffi-
cient outlet for sea steamers, to be determined by a compe-
tent engineer with the approval of'a majority of the Direc-
tors of said Company."
This Act was passed in 1853, and the Road was to have
been built, if built at all, by private subscription ; yet the
Legislature thought it important that there should be a
" sufficient outlet to the ocean for sea steamers" as shown
by the above clause. In 1855 the Trust Fund was created
to aid in the construction of several lines of Road, the Flor-
ida Railroad among the number, upon conditions which
gave the State or Trust Fund a direct interest as Stock-
holder, which should make it of greater importance that the
,terminii of the road should be at points where there is a
"sufficient outlet to the ocean for sea steamers," as required
by the charter. I will pass over the objection which is
urged by many, that the road as located does not run
through the eastern and southern portion of the State, in
the most eligible direction," and come directly to the im-
portant question, what constitutes a sufficient outlet to the
ocean for sea steamers, and does Cedar Key possess such
outlet ? It is due to the Florida Railroad Company and to
the Trust Fund that this question should be solved. If Ce-

dar Key does possess a sufficient outlet to the ocean for sea
steamers, the Florida Railroad Company should have the
full benefit of it, and if it does not, the question would arise
have the terms of the charter been complied with, and if not,
is it proper that the Trustees should continue to guarantee
the interest on the bonds of the Florida Railroad Company ?
These questions are not propounded in a captious spirit,
but with a view to relieve some of the Trustees of the doubts
which have been engendered by the many statements from
apparently reliable sources as to the unfitness of the harbor
of Cedar Key for commercial purposes, on a sufficient scale
to warrant the investment of the Trust Fund in the capital
stock of said company.
I am not skilled in such things, and do not profess to know
what would be considered a sufficient outlet to the ocean
for sea steamers, but do know, that experienced navigators
consider vessels drawing less than ten feet water unsafe
sea-boats. A vessel drawing ten feet water, would perhaps
require 121 feet water on the bar "to admit of ready in-
gress and egress;" and the question is again presented, has
Cedar Key that water on the bar?
Lieut. Berryman's report in 1855, gives ten feet on the
bar at ordinary low water, with a mean rise and fall of 21
feet. Admitting the correctness of the report of Lieut. Berry
man at the time it was made, it is contended that that depth
of water cannot now be found.
Whether the report of Lieut. Berryman was incorrect, or
whether the channel has shifted or partially filled up from
some cause, as is frequently the case, is not undertaken to
be demonstrated, but the facts incline to the opinion that not
above 8- feet water can now be had at medium low water,
with a mean rise and fall of about two feet.
CIIARTERS.
The Legislature of Florida in 1852, following the example
of several of the older States,'enacted what is usuallyknown
as a general or Free Banking Law. By that law the Comp.

troller of Public Accounts is required, on receiving a trans-
fer of a portion of the public stocks of the several States
(including Florida,) or of the United States, from any person
or association of persons desirous of engaging in the busi-
ness of Banking, to furnish such person or association of
persons circulating notes in the similitude of Bank notes of
the denomination of fives, tens, twenties, fifties and hun-
dreds, equal in amount to the stock transferred to him. The
stocks thus deposited are to constitute in the hands of the
Comptroller a Trust fund for the redemption of the bills in
circulation, in the event of the suspension or failure of any
Bank organized in accordance with the provisions of the
Act. And the law as originally passed contemplated no
security to which the bill holder could look, but these de-
posited stocks.
The theory was, that in the case of a refusal or inability
of the Bank to redeem its bills, the Comptroller could, by
sale of the deposited stocks in his hands, raise a fund sufli-
cientto redeem them, while, if properly managed, remunera-
tive profits would be secured to the stockholders in the Bank,
from the double source of its legitimate Banking operations,
and the receipt of theinterest as it accrued on thedeposited
stocks. This theory has been demonstrated in those States
where the system has been tried, with an important limitation,
however, that the very state of things (a.financial crisis for
example) most likely to cause a suspension of the banks de-
presses the value of the securities provided for the redemp-
tion of the bills, so that the bill holder is still exposedto
some loss, though not equal to that usually suffered on fail-
ure of the Banks working under the old system, as it has
prevailed throughout the United States. The last session
of the Legislature, by an amendment of the above named
act, ventured on the hazardous experiment of giving to
county, city,,town and certain Railroad Bonds the same
bankable quality as that possessed under the original act by
United States and State stocks. To strengthen, however,
these securities, (of whatever class,) a section was added pro-

viding that "the private property of the stockholders in any
such banking association, shall be liable to the full amount
of all the liabilities of the said Bank of any nature and de-
scription pro rata, according to the amount of stock owned
by each stockholder." This clause would doubtless estab-
lish public confidence but for the danger that on the an-
nouncement of a Bank failure, it would be found that all
the solvent and reliable stockholders had disposed of their
stock to men of straw. Foreseeing a failure, on its eve, the
great body of original stockholders might, to escape liability,
even give a consideration to persons wholly irresponsible
to accept their stock. This section should therefore be
amended so as to fix liability, not only on all stockholders
who are such at the time of a Bank failure or suspension
but upon all who had been stockholders within twelve
months next preceding such failure or suspension. With
this amendment embodied in a section properly worded,`
there will perhaps be little to object to the General Banking
Law of the State. The deposited stocks (which the Comp-
troller is bound under a severe penalty never to receive at
a higher price than their market value) and the private
property of the stockholders in the Bank being both liable
for the redemption of the bills, it is not probable that the bill
holder will ever suffer loss from a bank suspension, and
what is better, it is by no means probable that a Bank will
ever suspend, for the reason that with such responsibilities
hanging over them, it is not likely that its stockholders will
ever find it to their interest to suspend.
How far corporate powers may in safety be granted is
problematical. Corporate powers and privileges are some-
times essential to the successful prosecution of enterprises,
both of a public and private nature, and when feasible and
founded on public utility, should be granted as necessary
evils. The tendency of all corporate powers is to centralize
and concentrate power and influence, as do all monopolies,
and grind out tribute from the hard earnings of the people
for the benefit of a privileged few, which is at war with the.

24

spirit and genius of our government and people, although
extensively practiced.
Some of the corporators have become so bold as to com-
pare the corporate influence in this State to the car of
Juggernaut," and an attempt has been made to cover over
the abuse of corporate privileges with the broad elastic
folds of a political mantle. The growing power of corporate
influence in this State is a subject for serious consideration
and should be well looked to by the people, unless they are
content to bow the willing neck to the yoke of unscrupulous
monopolists.
LUNATIC ASYLUM.
It is the duty of every community to make provision for
S the support, comfort and protection of that class of its pop-
ulation who,' by affliction, are rendered incapable to pro-
vide for themselves.
Our sister States have gone forward in this work of hu-
manity in a manner highly commendable to them, and
have provided for the care, maintenance and treatment of
their lunatics and insane persons in a manner suited to
their unfortunate condition, and that is worthy of emula-
tion by us. It is needless that I should offer argument to
show that a Lunatic Asylum is much needed in oir State;
the number of our people now in Asylums of other States
fully demonstrates this fact.
The General Assembly, at its late session, took a step in
this direction, but I think stopped short of what might
have been done, even then. An act approved December
27th, 1856, provides that lunatics and insane persons shall,
by order of a Judge of any of our Circuit Courts, be sent to
and placed in Asylums of other States, and that the State
of Florida shall pay for the maintenance of such as are des-
titute of the pecuniary ability to maintain themselves ; but
this is not her only expense. She must also pay the cost
of transportation to and from such Asylums.. The atten-
tion of the General Assembly, it appears, was called to

this subject at an earlier date than that mentioned above,
and by an act approved January 8th, 1853, directed that
"William Crawford, then a prisoner in the common jail of
Hernando County, but who had been adjudged a lunatic
by the Circuit Court for that County, be removed from
said jail and placed in an Asylum of some neighboring
State. By direction of said act, the Judge of Probate of
said County appointed a guardian for said Crawford, upon
whom devolved the duty of carrying out the provisions of
said act, and the guardian removed the said lunatic from
prison and placed him in the Lunatic Asylum of South
Carolina. But in order to secure the admission of saidlu-
natic, the guardian was required to enter into personal
bond, with resident security, for his maintenance in the
Asylum, at the rrate of two hundred and fifty dollars per
annum. The estate of Crawford has long since been ex-
hausted, and his guardian is liable to pay the entire ex-
pense from his private funds. A considerable amount has
been advanced by the guardian, and there remains at this
time several hundred dollars due and unpaid.
I am advised that there are at the present time several
insane persons in the State, who will probably be sent off
to asylums in other States as soon as the requisite judicial
proceedings are had. Some of these persons have estates
adequate to the expenses of their maintenance, but others
are destitute and must be chargeable to the State. It is
due to the State and to humanity that some more perma-
nent provision should be made for this unfortunate class
of persons, and to this end I have consulted some expe-
rienced mechanics, and have been advised that a building
of suitable dimensions for the accommocation of 35 or 40
subjects may be erected and completed in the most desira-
ble manner for about ($20,000) twenty thousand dollars,
and that it may be so constructed as to admit of enlarge-
ment by the erection of other buildings as may be neces-
sary or desired. I therefore earnestly recommend that
4

26

the initiatory steps be at once taken, by the passage of an,
act providing for the erection of a building which may
form the nucleus of a well appointed asylum, adequate to,
the wants and comfort of this class of the afflicted of our
own State; that it be provided in such act that such luna-
tics or insane persons as have estates adequate to their
maintenance be charged therewith at such rate as the
General Assembly may think jpst and right, and that the
State be charged with the maintenance of such only as are
destitute. And I also recommend that provision be made
by law for the relief of William Crawford, whose estate
has been exhausted and whose expenses in the asylum of
South Carolina are charged to his guardian; and that the
amount paid by his guardian out of his private funds be
refunded to him out of the State Treasury.
EDUCATION.
For a definite statement of the condition of our School
and Seminary Funds, I invite your attention to the report
of the lon. D. S. Walker, ex-officio Superintendent of
Public Instruction. It will be seen from his report that
the amount subject to distribution only gives about 20
cents to each child entitled to the benefits of the fund.
This amount cannot be so employed as to accomplish the
great end desired by the founders.of our system, and yet
I am not prepared to suggest any changes.
It is believed that the system is a good one, and that,.
with sufficient funds to carry it out, the most successful:
results might be obtained. I therefore invite the atten-
tion of the Legislature to the subject, and earnestly hope
that some proper measure may be adopted by which the
School Fund may be increased and the great end of educa-
ting the youth of our State be attained.
AGRICULTURE.
It is to be regretted that so little has been done by the
State to encourage her agricultural interests. No occupa-
tion is more useful or honorable, and although almost every

27

*other class is inrsornewise dependent upon agriculture, its
:importance has been overlooked. The farmers of our coun-
try bear the chief burdens of government, and have a right
to demand some of its specialbenefits. I would recommend
the appointment of a competent Geologist and Chemist to
make a geological survey of the State and a chemical analy-
sis of the soils, the nature of the soils, the best means for
their improvement, and a general acquaintance with the
philosophy of agriculture.
Nature has indeed been most bounteous in the bestowal
of her gifts upon us, and we should not bury the talent but
improve it by every means in our power. We have a fer-
tile-soil and genial climate, producing in great abundance
the most valuable agricultural staples in the world. Let
us move in the matter, and should we fail to accomplish
all we desire, we will at least accomplish something.
MILITIA.
'With the exception perhaps of one or two volunteer com-
panies, there is no organized militia in this State. There
are no "official returns" to the Adjutant General, and in the
event of a call being made in a sudden emergency upon the
militia to repel invasion, suppress insurrection, and enforce
the execution of the laws, the State would be literally with
out men and without arms. I will take the earliest occa-
sion to get the;qudta of arms to which the State is entitled
from the General Government, and have them deposited in
the armory. 'Whatever objections may have been urged in
times pagt to a strict military organization in this State, in
consequnece of the sparseness of the population, &c., they
fail in my judgment to apply at present. Our country has
doubled its population within a few years, and large districts
of country which were recently the favored haunts of the In-
dians, are now the abodes -of industry, wealth, and intelli-
gence. And besides the late elections in the non-slaveholding
States forbode no good to us of the South.. However unpleas-
Sant it may be to contemplate the picture, or however mu6h

28

we may be disinclined to give serious reflection to the largely
increasing strength and influence of the abolition element
which now darkens the political horizon, he would be a
false sentinel, who, under the present aspect of affairs,
would cry peace. I would respectfully recommend a thor-
ough organization of the Militia of this State.
LANDS GRANTED BY THE UNITED STATES.
Having noticed a paragraph going the rounds 'of the
newspapers, to the effect that certified lists had been issued
by the Commissioner of the General Land Office, for the
lands lying along the line of the Florida, Atlantic & Gulf
"Railroad, being a portion of the land enuring to this State,
conditionally under the Act of Congress of May 17th, 1856,
I addressed a letter to the head of that Department in which
I contended that the grant of lands by the United States to
this State, to aid in the construction of certain railroads,
was an entirety, "subject to the disposal of the Legislature
thereof, for the purpose aforesaid," and that his department.
could not recognize third parties to whom no assignment
had been made by the State.
By an act of the Legislature dated December 27th, 1856,
the State of Florida accepted the lands granted to her upon
the terms, conditions and restrictions imposed in the Con-
gressional act of May 17th, 1856, and by the second section
of said act disposed of that portion of it to which the Ala-
bama and Florida Railroad Company are entitled and have
received. The Legislature has as yet made no further dis-
position of the lands enuring to the State under the act of
Congress, May 17th, 1856. I have requested the Commis-
sioner of the General Land Office to adjust the grant to the
State, and that lists be made out in the name of the State
and forwarded to me that I may lay the matter before the
Legislature for disposition as provided for in the 3d section
of the act of Congress of May 17th, 1856, making the grant.
As soon as the lists are received, I will communicate the fact
to the Legislature, and hope that such action will be had

29

as to insure an equitable distribution of the lands among
the several lines of road that are entitled to its benefit.
EXEMPTIONS.
The question of exempting one or more slaves from exe-
cution, attachment, or other legal process, in favor of any
citizen or- person residing in this State capable of holding
slaves, who may be the owner, or who may hereafter be-
come the owner of a slave or slaves, was made before the
late General Assembly and a bill introduced for that purpose.
It was not expected that the General Assembly would at
once give its approval of a measure of such importance and
involving so many doubts as to its propriety and justice.
Much thought, however, has since then been bestowed upon
that question by many of our intelligent and experienced
citizens, and I think that an unqualified decision has been
had in favor of such a law. The principal objection urged
against such a measure is, that it will operate to defraud
creditors; but this objection is answered by providing for
the prospective operation of the law, so that it may exempt
slaves against levy and, sale for debts contracted after its
passage only, leaving them liable to levy and sale, as the law
now stands, for all debts contracted before the passage of
the act. I think the time has arrived when our people
should be a unit in sentiment touching the institution of sla-
very, not only as to its expediency, but as to its morality,
and whatever may facilitate the attainment of this end, I
think ought to be encouraged by the Legislature. Not until
within the last quarter of a century had the institution of
Slavery been made to abide the tests of morality laid down
in the precepts of the Bible, and until driven to the investi-
gation, southern men were not disposed to go into it. But
after having been violently assailed, and their motives, piety
and patriotism ruthlessly denounced, some of the great minds
of the south boldly took up the subject, and in a masterly
yet truthful manner demonstrated from the sacred writings,
that slavery, as it exists in the southern States, is morally

30

right, and ought to be perpetuated. The spirit of investiga:
tion thus awakened resulted in a radical revolution of sen-
tiirent in the'southern mind upon the morality of the insti-
tution, ild thousands became its zealous advocates who had
previously' entertained serious conscientious scruples which
rendered them lukewarm towards the institution, if not neg
actively opposed to it. This spirit of investigation ought to
be encouraged, and I think that the passage of a law secur-
ing every person in the possession of at least one slave free
from molestation would tend materially to that end. It
would inspire every man with an ambition to own at least
one slave, and I am clearly of opinion that the result of sudh
a law would be to make hundreds of our citizens actual
slave owners who, without some such encouragement, would
probably never own a slave. I cannot too strongly com-
mend your attention to this important subject.
STATE DEBT.

By reference to the report of the Comptroller of Public
Accounts, it will be seen that a settlement of debt dne by
the State to the School and Seminary Funds, was made on
the 1st of January, 1857, by the State's paying that debt,
principal and interest, in bonds authorized to be issued to
provide for the same. A settlement of the debt due by
the State to the Internal Improvement Fund was also made
in the same manner.
There has been received into the Treasury, as shown by
She Treasurer's report, on account of Indian Hostilities of
11849, the sum of$64,084.06, an amount sufficient to liqui-
date the principal of the scrip issued under the act of Jan-
Snary 7th, 1853. Also the sum of $50,250 from the sale of
S:State bonds,'which sum was disbursed in payment of for-
: age and subsistence accounts contracted on account of the
Slate Indian disturbances.
The present'debt of the State, (exclusive of the amount
Sdue for the suppression of Indian Hostilities of 1855-6,)
n ay be summed' up'as follows, to-wit:

Bonds outstanding of the State ofTlorida,....... $143,000
Interest on State scrip,....................... 15,000
Balance due on account of Indian Hostilities of
1856, estimated at..........................225,000
Of this sum, $143,000 is bearing interest at the rate of 7
per centum per annum, and only about $64,000 is the ul-
timate debt of the State-the balance being a bona fide,
debt due by the General Government.
POUNDARY LINE.
I am pleased to make known to 'you, that a basis has
been agreed upon by the Governors of Georgia and Flor-
ida (subject to the ratification of the Legislatures of their
respective States) for the final settlement of the boundary.
line between the States of Georgia? and Florida. This sub-
ject of boundary engaged the attention of the United
States when Florida was a Spanish province, and has ever
been a fruitful source of disputation between the States of
Georgia and Florida until the present period. Several
efforts to adjust the boundary line having proved unsuc.
cessful, the State of Florida at length instituted suit in the
Supreme Court of the United States against the State of
Georgia, which suit was suspended with the view, if pos-
sible, to effect an amicable adjustment upon terms alike
equitable and honorable to both parties. The basis of set-
tlement, as agreed upon, will, in my opinion, fully accom-
plish the desired object, and meets with my cordial appro-
bation. It affords me, in this connection, great pleasure
to state, that both Gov. Johnson and Gov. Brown have
evinced throughout the whole correspondence a most
praiseworthy readiness to adjust this vexed question of
boundary between the States of Georgia and Florida on
terms of strict equity. The basis of settlement, as agreed
upon by the Governors of Georgia and Florida, subject to
their respective Legislatures, was: "To adopt the termi-
nal points of the present recognized line as the true termi-
nal points of the boundary line, to be resurveycd, corrected

and marked: Provided, it is shown by either party that
the present line is incorrect, subject to the ratification of
the respective Legislatures of Georgia and Florida."
The Legislature of Georgia ratified the action of Gov.
Johnson, late Executive of that State, in relation to the
boundary line between the States of Georgia and the
State of Florida by the adoption of the following resolu-
tions, on the 29th day of December, 1857:
COPY OF THE GEORGIA RESOLUTIONS IN REGARD TO THE BOUN-
DARY CAUSE.
"WHEREAS, in the matter of controversy now pending in the Supreme Court
of the United States between the State of Florida and the State of Georgia
touching the boundary line of the two States, we deem it of much impor-
tance that this protracted and expensive litigation should cease; apd whereas,
with a view to the settlement of the question, a negotiation has been pro-
gressing between the late Executives of the aforesaid States, the result of
'which was an agreement "to adopt the terminal points of the present recog-
nized line as the true terminal points of the boundary line, to be resurveyed,
corrected and marked: Provided it is shown by either party that the present
line is incorrect;" the agreement aforesaid being made subject to the ratifica-
tions of the Legislatures of the two States-
1st. Resolved by the Senate and iHouse of Representatives of the State of
Georgia in General Assembly met, That we do hereby ratify the action of the
late Executive of this State in accepting the proposition of the Governor of
Florida to adopt the terminal points of the present recognized line as the true
terminal points of the boundary line, and will regard, adopt and act upon the
present line as run and recognized between those points as the settled boun-
dary of the two Sthtes, or will so recognize and adopt any other line be-
tween those points which may be ascertained and established on a re-survey
and re-marking of the boundary, provided said boundary correction is made
by virtue of law and by the joint action of the States aforesaid.
2d. Be it further resolved, That, should it be deemed essential or important
by either State to have the boundary line between the terminal points of the
present recognized boundary re-surveyed and re-marked, the Governor of
this State is hereby authorized to appoint a competent surveyor, to join any
such surveyor on the part of Florida, to run out and mark distinctly
such a line from one to the other terminal point herein indicated, to be
known as the line and settled boundary between the two States, the surveyor
on the part of Georgia to be paid such compensation as may be determined
on by the present or any future Legislature.
3d. And be it further resolved, That the Governor of this State shall, so
soon as the eanhe shall have passed both branches of the present General
Assembly, transmit a certified copy to the Governor of Florida.

33

I would respectfully recommend, that the General As-
sembly concur in the settlement of the boundary line on
the basis as agreed upon by the Governors of Georgia and
Florida and ratified by the Legislature of Georgia; and
that suitable provisions be made to have the boundary
line re-surveyed, corrected and marked by a joint corn-
mission of the States of Georgia and Florida.
INDIAN AFFAIRS.
When I entered upon the duties of my office, I found
that the State had in the field in the United States service,
a Iegiment, under the command of Col. Rogers, and ten
independent Companies. The Secretary of War author-
ized Col. Loomis "to make a requisition upon the Gover-
nor of Florida for such troops as he might deem proper to
supply the vacancies of those whose terms of service were
about expiring, provided that the force then employed
should not be increased."
The companies having been mustered in irregularly,
(that is as soon as organized,) their terms of service would
of course expire irregularly. In conformity to the order
of the Secretary of War, Col. Loomis, the Commandant of
the Florida Department, made requisitions upon me from
time to time for companies to supply vacancies, which I
promptly furnished, but objected to the course as unfair.-
I contended that we were willing to furnish the men and
do the fighting upon fair and honorable terms. That if ten
companies were needed we should organize and present a
Regiment; if five, a Battalion, that the path of ambition
and distinction should be open to our officers and soldiers.
Col. Loomis, like a gallant soldier, acknowledged the
justice of the demand by making a requisition upon me
for a Battalion of five companies. I immediately set about
to organize the Battalion, and had proceeded so far as to
issue an order to the Captains composing the Battalion to
rendezvous at Ocala on a certain day, when I was advised
5

34

hy Col. Loomis not to raise the Battalion, or to disband
it ifiraised," as lie would not need any more troops than
were then in the- field. This movement was induced by
the announcement that Col. Rector, Indian Agent, would
attempt the peaceable removal of the Indians, aided by a
large delegation of the Seminole Indians who had previ-
ously emigrated West. Upon. the arrival of Col. Rector,
hostilities were suspended. The hostile Indians demanded
that the troops should be removed from their midst or that
they would not attempt to negotiate. This point was'ron-
ced'ed and the troops removed accordingly.
Col. Rector succeeded in inducing the chief, Billy Bow-
legs, and about one hundred and sixty Indians, the greater
part of his tribe, including thirty-eight warriors, to emi-
grate to the West ; leaving Sam Jones and his tribe, part
of Billy's tribe, and the Tallahassees, numbering, according
to the best information, forty warriors, or Mnore than half
of the acknowledged Indian free, and they the most des-
perate spirits of the band. Hereupon Col. Loomis issued
his proclamation declaring the war closed, and wrote thank-
ing me for the service which I had rendered him in bring-
ing about so desirable a result. The opinion -that I then
entertained of that termination of the Seminole war," as
expressed in a letter to Col. Loomis in reply to his enclo-
sing his proclamation, has undergoneno change, and I in-
sert it as expressive of my present views on that subject:
ExcccTrvE DzpART:Mrc May 24th, 1858.
Sir-Your communication enclosing your proclamation of the
8th inst., declaring the Florida War closed, is received. Whilst I
congratulate you on the partial success which has crowned your ef-
forts to remove the Indians from this State, I regret that I am com-
pelled to differ with you as t' the policy of disbanding the troops
and declaring the war closed, when it is known that one half, and
they the most determined, have refused to emigrate.
In my humble judgment, the presence of the Indians known to
have remained will as effectually retard the settlement of the Penin-
sula, and render the lives and property of our citizens as insecure, as
though Billy and.his tribe had not been removed. Besides, from
the well known character of the Indians, it is evident that if permit-

: -35

ted to remain, and they should, from prudential motives, suspend
hostilities for a time, another war, costing a heavy outlay of money
and perhaps valuable life, will be the consequence.
Now would seem the most propitious time to virtually close the
"war by removing the last Indian from the State. Their fastnesses
have been found and their lodges and provisions destroyed. They
have been hotly pursued for a time, and are worn with fatigue anrd
dispirited by the desertion of a portion of their warriors and families,
and it is confidently believed that a vigorous campaign would end in
;removing the last Indian from the State. I tiust that you will not
,disband the troops under your cornmmind, without at least protecting
the frontier securely, should you persist in your determination ut to
carry en an offensive warfare.
Very respectfully,
M. S, PERRY.
Co,. G. Looms,
Commanding Depariment of Florida.
However contemptible the number of the Indians may
seem, and, whatever may be the jeers at Florida by certain
Congressmen and others at the protracted state of hostili-
ties with such an enemy, he has proven sufficiently power-
ful to baffle the s7ill of tke ablest Generals, and to defeat
and defy the best disciplined troops of the United States
for twenty-three years, the greater portion of which time
having been spent in formidable efforts to either conquer
him by force of arms, or effect his removal by strategy or
diplomacy. The Indians commence open hostilities in
1835, and continued them for seven years, at a cost of
much valuable life and many millions of money to the
treasury. During this seven year's war, every great cap-
tain of the age, (at different intervals,) backed by the flow-
er of the regular army, with large and frequent drafts of
gallant volunteers, (the best soldiery in the world,) attemp-
ted to conquer or remove this contemptible enemy;" but
the efforts resulted in a drawn battle, or suspension ofhos-
tilties, claimed (and rightfully so) as a victory by the In-
dians who refused to submit or remove. A truce was
kept up by the contestants from 1842 to 1855, with the ex-
ception of a few outbreaks on the part of the Indians. In
1855 active hostilities were actually renewed by the In-

dians, and in so formidable a manner as to induce my pre-
decessor to make an appeal to the patriotism of our citizen
soldiery to rally to the rescue of our people on the frontier,
who were being stricken down by the stealthy murderous
attacks of the Indians and scenes of cruelty enacted known
only in a warfare with savages, and to prevent it possible
the abandonment of that interesting portion of our State
to the Indians.
The appeal, as was expected, was responded to most,
promptly and the requisite number of companies gallantly
marched to the rescue. But for the prompt, continuous,
and efficient service of the State troops during the years
1855 and 1856, South Florida would have been depopulated.
Too much praise cannot be awarded to the gallant volun-
teers for the prompt manner in which they responded to
the call of their country, and periled their lives in the cause
of humanity, and it is humiliating to know that by rank
injustice, not one dollar of the hard earnings of this ardu-
ous service had been paid them. The presence of the vol-
unteers enabled the citizens to make a stand in defence of
their lives and property and to retain every inch of ground
then occupied, and to carry the war into the enemy's coun-
try. True, it was accomplished at a heavy sacrifice.-.
South Florida has been for several years virtually a milita-
ry camp. The ploughshare of the husbandman has been
converted into the sword.
Agricultural pursuits, if not wholly abandoned, have of
necessity received but little attention, and every branch of
industrial pursuit has been paralyzed. The burden of
the war, both physically and pecuniarily, has been borne
by that people; nearly all who were able, were under arms,
and the greater portion of the capital of the country has
been absorbed in furnishing and relieving the pressing
wants of the troops without having been -re-imbursed.-
Comparisons are unpleasant and not introduced here with
the view to disparage the merits of the regular soldier ; but
experience has shown that they are unsuitable for fighting

I-

37

Indians in the everglades of Florida, and that whatever of
credit may attach to the partial removal of'the Indians, be-
longs pre-eminently to the skill, endurance and indomita-
ble courage of-the volunteer corps of this State.
The act of the Legislature passed in 1' ..-', forbidding the
whites to trade with the Indians under heavy penalties,
was at the time a wise provision, but I would suggest that
under existing circumstances the same might be repealed
or essentially modified with advantage to the State and In-
dians, provided it is the policy of the State to permit the
remnant of Indians to remain within her borders upon any
terms. A few of the Indians have been in recently at Fo t
Myers and expressed an unwillingness to remove, and
were very desirous to trade, and said that they had plenty
of money and wanted clothes. They are represented to be
in sad want of clothing, the chief article of dress being
composed of old crocus sacks which they had picked up.-
If the Tallahassees and others, who will visit the whites,
should be permitted to trade and mingle with the settlers,
they might in time exercise a wholesome influence over
Sam Jones and his party, who are still hostile and refuse
to listen to any overtures of peace, or in relation to their
removal.
I have been appealed to by citizens of high character in
South Florida urging the State to move in the matter and
compel the Indians still in the State to emigrate to their
homes in the West; that the frontier settlements were still
insecure, and would ever be subject to their cruel midnight
attacks as long as they were permitted to remain. As the
Indians were quiet and no immediate danger apprehended
by the citizens, I preferred to submit the subject to the
Legislature for its action, the meeting of which was near at
hand, rather than move in the matter by the exercise of ex-
traordinary powers unwarranted perhaps by tle exigencies
of the case. Besides it had been announced that Col. Reo-
tor, under authority of the General Government, would at-
tempt their peaceable removal and did not want any in-

38

terfirence. I thought it fair under the circumstances to
allow him the opportunity to make the effort in his own
way, and in the event of a failure it would not be chargea-
ble to State interference.
Should Col. Rector fail to make the effort, or should the
effort prove a failure, I would recommend to the Legislature
to provide for the removal of the Indians from the limits of
the State forthwith. In my opinion, justice, humanity and
good policy require it. It cannot be denied that the frontier
settlements are insecure and subject to the murderous at-
tacks of the savage creatures, and that neither life nor prop-
erty is secure whilst they are permitted to remain.
The Indians that were removed out.West some years ago
have been greatly benefitted'in every respect, and are per-
fectly satisfied. It is highly gratifying to know, that several
of the Indians who were rude savages, in the fullest accept-
ance of the term, when captured in the first war and sent
West, returned with Col. Rector recently, civilized and
christianized. Some of them are respectable planters, own
-negroes and stock of every kind, dress well, and what is
above all other considerations, have experienced and stand
forth boldly acknowledging the gracious influence of the re-
vealed religion of our Saviour. Humanity demands there-
fore their removal, as in their present savage hostile state
it is impossible ever to offer them the means of salvation
or to instruct them in the arts of civilization.
That they will have ultimately to be removed by force is
not questioned by those who are best prepared to form a
correct judgment on the subject, and now; above all times
would seem to be the most propitious. In the late cam-
paign our volunteers have found their fastnesses and dis-
lodged them, destroyed their lodges and provisions and re-
duced them to very great extremities; and they are dis-
pirited by their losses in killed, captured and by desertion,
and would yield more readily now than if permitted to

39

recover from their present straightened condition by a tem-
porizing policy.
I cannot well close my remarks on this subject without
urging upon your immediate attention the importance of
providing for the payment of a debt the State owes to many
of her citizens who have heroically suffered privation -and
hardships to sustain its credit and defend its borders. Im-
pressed with the justice and importance of this subject, I, by
virtue of "an act to provide for the payment of the debts
of the State," approved December 27th, 1856, appointed Mr.
John W. Pearson agent to negotiate a loan for the State
for two hundred and thirty thousand dollars.
Mr. Pearson, when last heard from, had not succeeded in
raising the funds. The period limited for the negotiation
of the loan by the terms of his appointment and accompa-
nying instructions, expires this day, and the result must soon
be known and will be immediately communicated to the
Legislature.

RE-OPENING OF THE SLAVE TRADE.
The subject of the renewal of the Slave Trade having
become a matter of discussion in States holding this species
of property, it seems to me incumbent on my position as
well as an act of courtesy to those similarly situated, that
I should at least express my opinion in regard to the policy
and expediency of such a measure.
In the first place, the advocates of the measure proposed
arc met at the threshold by laws and treaties thht must be
repealed and annulled before our people could, consistently
with individual security or public faith, embark in such an
enterprise. That the nations with which the United States
have subsisting treaties for the suppression of the Slave
Trade, would agree to annul them, no one, who is at all in-,
formed on the subject, can for a moment believe. But grant
that the powers of Europe, who are parties to these treaties,
would consent to their abrogation, there would remain still
a mightier obstacle at home. I do not allude exclusively to

40

the fanatical sentiment of non-slaveholding States; this an
united south might disregard or defy; but unhappily for us
we are not united. On the contrary, in all of the Southern
States, there are large masses decidedly opposed, from mo-
tives of policy, to the re-opening of the Slave Trade.
Impressed with these views, I would deprecate the agita-
tion of a subject so exciting in its nature, and so fraught
with mischief to that portion of the confederacy which has
my strongest sympathies. I entertain no feeling of sickly
sentimentality upon this subject-far from it. My whole
life has been spent in slave States, and an experience of up-
wards of forty years, added to a close observation of the
general treatment of slaves in the southern States, confirms
me in the opinion, that had we the ability to import and
continue in servitude all the negroes of Africa, they would
be most unquestionably benefited. No people on earth are
more degraded than the African negroes, under the absolute
sway of their chiefs. In their native country they are the
subjects of slavery in its most cruel and unmitigated forms,
without any of the ameliorating influences which charac-
terize the partriarchial form of slavery in our civilized and
christianized land; and as a'moral right humanity and
philanthropy unite in commending it; but as a question of
policy or expediency, I think it would prove injurious to the
best interests of.the South.
The time may come, and there are already signs of its
advent, when the nation that took the lead in the fanatical
crusade against African servitude, will sound a truce and
reverse her course. The other nations of Europe, who are
now her reluctant auxiliaries, will joyfully follow in the re-
treat "the meteor flag of England," and then our loving
brethren of Niew England, whose filial affections are ad-
mirable, will gladly again follow the example of their pious
mother and become only too anxious to engage once more
in what they now style the "horrid" but lucrative traffic in
human flesh.
Let the southern States then "bide their time;" let them

41

continue faithful to their compacts, vigilant to their cove.
nants and reserved rights, united and prompt in their de.
fence, and that Providence which has hitherto blessed them
will shape their ends, and conduct them to their high destiny.
Without the slave trade question, the Southern States.
have enough practicable subjects of legislative contro-
versy which may well engage the attention of our South-
ern members of Congress. Prominent among them are
the tariff-taxes imposed and collected from the con-
sumer of manufactured articles for the benefit of, the
manufacturers; also the laws granting bounties to the
cod-fisheries and mackerel fisheries, restrictions on for-
eign built vessels and on their employment in the
transportation of goods and produce, immense expen-
ditures for internal improvements, for useless custom-
houses, when the revenue collected is not enough to pay
for the collection, enormous appropriations for publishing
Smaps, books and pictures, and for the transmission of
those by mail to every nook in the Union. These are all
evils of sufficient magnitude already to excite the alarm of
every thinking man. They show the strong tendency, so
much dreaded by some of the framers of the Constitution,
of centralization of power in the Federal Government, to
the gradual undermining of the whole fabric by means of
money improperly drawn from the people and corruptly
expended to build up the fortunes of influential classes or-
individuals, who receive the wages of their iniquity-some
in tariff taxes, some in offices of profit and others in ap-
pointments of both honor and profit. Fault-finding by
one public functionary with others in a. different depart-.
ment is not desirable; nevertheless, when there is evident
necessity for it, it is an obvious duty. When the Federal
Constitution was submitted to the several States, its ratifi-
cation was opposed by many of the wise patriots of the
day, on the ground that it did not sufficiently guard the-
States from the usurpations of the General Government,.
6

42

and that the States would be left powerless to chece ag,
gressions on their reserved rights. This objection was met
by the arguments of other men, equally patriotic, who con-
tended that the State governments, ever watchful, would
give the alarm whenever any attempt should be made by
the Federal authorities to transcend their prescribed limits.
Acting in accordance with this theory, which is sanctioned
by general usage, I, as a co-ordinate member of the gene-
ral government of Florida, do but discharge an unplea-
sant but high duty in designating some of the dangerous
aberrations of the General Government that ought to be
checked, before precedent, supported by money, shall have
supplanted the Constitution.
Earnestly desiring that your deliberations may. be under
the guidance of a kind Providence, and that your actions-
may redound to the happiness of the people and interests-
of the State,
I am, your fellow-citizen,
M. S. PERRY.

Mr. Erwin moved that six hundred copies of the message and. ac-
companying documents be printed for the use of the House;
Mr. Maloney moved that one thousand copies be printed.
Which amendment was accepted and the motion as amended
adopted.
Mr. James R. Nicks, member elect from Hernando County, pre-
sented his credentials and was duly sworn in by Hon. Thomas Balt-
zell.
The Speaker announced the following Standing Committees::

STANDING COMMITTEES OF THE HOUSE.

Committee on Judiciary. On Finance and Public Accounts.
Messrs. GETTIS, Messrs. COFFEE,
DAVIDSON, MICKLER,
WILLIAMS of Leok, PEACOCK,
BREVARD, BARRETT,
GILLIS. HUGHEY.

43

On Claims. On Militia.
Messrs. KENAN, Messrs. BREVARD,
McNEILL, FRINK,
BARRETT, POPE,
FRINK, McKINNON,
McKINNON. CHURCH.
On Agriculture. On Elections.
Messrs. COFFEE, Messrs. POPE,
WHITFIELD, DAVIDSON,
EVANS, INGRAM,
BRINSON, BROXSON,
RICHARDSON, GETTIS.
On Propositions and Grievances. On Federal Relations.
Messrs. CHRISTIE, Messrs, BIRD,
MUNN, STARKE,
WILLIAMS of Escambia. CLYATT,
MALONEY, BARRETT,
MANNING. JOHNSTON.
On Corporations. On Schools and Colleges.
Messrs. INGRAM, Messrs. WILLIAMS of Leon,.
POPE, MALONEY,
WILLIAMS of Leon, MANNING,
DAVIDSON, HEERMANS,
McNEILL. McCRARY.
On Internal Improvements. On Enrolled Bills.
Messrs. WHITFIELD, Messrs. ROBINSON,
GETTIS, LEIGH,
VOGT, CAMPBELL,
POPE, HUNT,
DAVIDSON. RICHARDSON.
On Engrossed Bills. On Indian Afairs.
Messrs. VOGT, Messrs. McNEILL,
ERWIN, BREVARD,
YON, WIGGINS,
MALONEY, BISSELL,
NICKS. HEERMANS.
On motion, the House adjourned until Friday, 11 o'clock, A. M,

44

FRIDAY, November 26th, 1858.

Theo house met pursuant to adjournment-a quorum present.
The Rev. F. A. Branch officiated as chaplain.
The journal of Wednesday's proceedings was read and approved.
The following members appeared, presented their certificates of
election and were duly sworn by F. C. Barrett, Esq., Notary Public:
From Calhoun county-Jesse Yon, Sr.
From St. Johns county-James M. Mickler, 2d.
Notice was given of intention to introduce the following bills at
some future day, viz:
By Mr. McNeill:
A bill to be entitled An Act more definitely to define the bounda-
ries of Hillsborough, Brevard, Manatee and Monroe counties.
By Mr. Gillis:
"A bill to be entitled an act for the relief of Putnam county; also,
"A bill to be entitled an act to repeal an act establishing election
precincts in Putnam county.
By Mr. Ingram:
A bill to be entitled an act for the relief of A. W. Cook, Tax-Col-
lector of Alachua county.
By Mr. Clyatt:
A hill to exempt one or. more slaves of the debtor from levy and
sale.
By Mr. Starke:
A bill to be entitled an act to restrict the charter of Jacksonville,.
in the county of Duval.
By Mr. Barrett:
A hill to be entitled an act granting a charter for the Cowford
Ferry, at Jacksonville, in Duval county, to William A. Young; and
A bill to be entitled An Act to provide for the publication of the
Acts and Resolutions of the General Assembly of Florida in the sev-
eral newspapers in the State.
By Mr. Smith:
A bill to be entitled An Act to divide the County of Duval and
create a new County therefrom, to be called the County of Clay.
By Mr. Brevard:
A bill to be entitled An Act granting certain powers to Executors,
Administrators and Guardians.
By Mr. Maloney:
A bill for the relief of William Lowe, Tax Assessor and Collec-
tor of Monroe County.
On motion of Mr. Vogt, a Committee of three was appointed, con-
sisting of Messrs. Vogt, Clyatt and Bird, to act with a similar Com-
;mittee on the part of the Senate, for the purpose of drafting Joint

45

Rules for the government of the two Houses of the.General Assem.
bly during the present session. .
Ordered, that the same be certified to the Senate.
On motion of Mr. Barrett, the Sergeant at Arms was instructed to
inquire of the Treasurer what use is made of the Committee Rooms
in the Capitol, and whether or not they cah be had for the use of
Committees.
SThe Speaker announced that he had received certain documents
relative to the contested Senatorial election in Duval County.
The Select Committee appointed to contract for the printing of
the House at the present session made the following Report:
The Committee appointed to contract for the printing of the pres-
ent Session respectfully

REPORT:

That they have contracted with Messrs. Jones & Dyke, for the
printing of this House, on the following terms:
For furnishing 500 copies of the Journals at $2,00 per page,
counting one copy, and three-quarters of a cent per hundred words,
counting 80 copies, and the same for all other Miscellaneous print.
ing, such as bills, reports, &c. &c.
All of which is respectfully submitted.
TILLMAN INGRAM, Chairman,
T. W. BREVARD, Jr.,
F. C. BARRETT.
Which was read and concurred in.
The Speaker laid before the House certain documents relative to
a contested election for Representative from Sumter county.
The rules being waived, Mr. Ingram moved that 700 copies of the
journals of the House be printed, instead of 500, as recommended
by the Committee, and that proportionate compensation be allowed
for the increased 200.
Which motion was agreed to.
The following message was received from the Senate:
"SENATE CIIAMBER, 26th Nov., 1858.
Hen. Speaker of House of Representatives :
Sin: The Senate has passed the following enclosed bill, in which
the concurrence of the House of Representatives is respectfully re-
quested, viz:
An act to amend an act to organize the county of Liberty.
Very respectfully,
JAMES E. BOWDEN,
Secretary of the Senate.
Which was read, and the accompanying bill, to be entitled an
act to amend an act to organize the county or Liberty, was read the

46

first time, the rules waived, read a second time by its title and re-
ferred to a Select. Committee, consisting of Messrs. Campbell,
Davidson, Peacock, Richardson and Manning.
The rules being waived, Mr. Whitfield moved:
That so much of the Message of his Excellency, the Governor,
:as relates to taxation be'referred to the Committee on Finance and
Public Accounts;
That so much of said Message as relates to internal improvements
and lands granted by the-United States be referred to the Commit-
tee on Internal Improvements;
That so much of said Message as relates to charters be referred
*to the Committee on Corporations;
That so much of said Message as relates to the subject of Educa-
tion he referred to the Committee on Schools and Colleges;
That so much of said Message as relates to agriculture be referred
'to the Committee .on Agriculture;
That so much of said Message as relates to the militia be referred
'to the Committee on the Militia;
That so much of said Message as relates to Lunatic Asylums and
the exemption of one or more slaves from execution be referred to
the Committee on Judiciary;
That so much of said Message as relates to the State debt be re-
ferred to the Committee on Finance and Public Accounts;
That so much of said Message as relates to the question of-the
boundary line and reopening the slave trade be referred to the Com-
mittee on Federal Relations; and
That so much of said Message as relates to Indian affairs be re-
ferred to the Committee on Indian Affairs.
Which motion was agreed to.
On motion, the House adjourned until to-morrow, 10 o'clock,
A.M.

SATURDAY, November 27th, 1858.

The Bouse met pursuant to adjournment-a quorum present.
The Rev. Mr. Branch officiated as Chaplain.
On motion of Mr. Gettis, the reading of the journal of yesterday
vwas dispensed with.
Notice was given of intention to introduce the following bills at
.some future day :
By Mr. Gettis:
A bill to be entitled an Act to change the time of holding Courts
;in the Southern Judicial Circuit.
By Mr. Maloney:
.A hill to be entitled an Act to amend an act entitled an act ex-

47

planatory of the several acts in relation to the migration of Negroes
and Free Persons of Color into Key West; and
A bill to be entitled an Act to authorise the Governor to appoint
a Justice of the Peace in and for Monroe County, at McKinstryville,
to hold office until the next regular election of Justices of the Peace
in said County.
By Mr. Davidson:
A bill to be entitled an Act to empower William M. Hentz, a mi-
nor, to assume the management of his own Estate.
By Mr. Church:
A bill to be entitled an Act to incorporate the Town of Madison,
By Mr. Gillis:
A bill to' be entitled an Act to Legitimize William Robert; and
A bill to be entitled an Act to amend an act entitled an Act re-
lating to Evidence.
By Mr. Heermans:
A bill to be entitled an Act to incorporate a Company to be call-
ed the Neuvitas, Nassau and Florida Navigation Company.
By Mr. Vogt:
A bill to be entitled an Act for the relief of Jesse M. Willis, Tax
Collector of Marion County; and
A bill to be entitled an Act to empower Aden E. Waterman to
assume the management of his owh Estate.
By Mr. Barrett:
A bill to be entitled an Act to repeal an act entitld an act tog
amend the Road Law applicable to the County of Duval, approved
December 15th, 1856;
A bill to be entitled an Act to change the name of Antonia Wal-
lace to Antonia Crespo; and
A bill to be entitled an Act to create a fifth Judicial Circuit in
the State of Florida.
By Mr. Mickler:
A bill to be entitled an Act to amend an act entitled an act in-
corporating the St..Augustine and Picolata Railroad Company.
The Speaker laid before the House the evidence and papers in the
matter of contested seats from the Counties of Volusia and Sumter,
which were referred to the Committee on Elections.
The Select Committee for the purpose of drafting Rules for the
government of the House, made the following report:
The Select Committee appointed to draft Rules for the govern-
ment of the House beg leave to
REPORT:
That the Committee have had the same under consideration and
instruct their Chairman to report the following Rules and recom-
mend their adoption.

48

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 prece.
ding 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 House.
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.
S5. 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 lor 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
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,

49

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 merm-
ber may have the same divided.
13. In filling-up blanks, the largest sum and longest time shall be
first put.
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 Iouse) declare openly and without
debate his assent or dissent to the question. In taking the yeas and
nays, and, upon the call of the [louse, 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 question 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. On a motion made and seconded to shut the door of the
House in the discussion of any business, in which discussion the
public safety n!ay, in the opinion of the House, imperiously reqniro
secresy, the House shall direct the Speaker to cause the lobby to Ve
cleared, and, during the discussion of such business, the door shall
remain shut, and no person shall be admitted except by special
order of the [louse.
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; 5th, 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 reconsideration thereof; but no motion for the'
reconsideration 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 possession of the House announcing
their decision; nor shall any motion for reconsideration be in order
unless made on the same day on which the vote was taken, or with.
in the two next days of the actual session of thie house thereafter.
"20. All questions shall be put by the Speaker of. the House, aid
the members shall signify their assent or dissent, by answering viva
7

50

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 ten., 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 either
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 introduced.
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 previously
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 llouse; that it lay on the table; for its indefinite post-
ponement; for its postponment to a day certain, not beyond the
session; for its commitment to a t.,.h.g Committee; to a Select
Committee; or to amer.d; which motions shall have precedence in
Ihe order above stated.
26. It shall not be in order to amend the title of any bill or reso-
lution until it shall have passed its third reading.
27. The titles of bills, and such parts thereof only as shall be af-
fected by the proposed amendments, shall be inserted on the jour--
nals.
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 Comnittee on Enrolled Bills and
Engrossed Bills; a Committee on Elections; a Committee on Propo-
sitions and Grievances; a Committee on Federal Relations; a Com-
mittee on Corporations; a Committee on Indian Affairs; a Commit-
tee on Agriculture ; a Committee on Commerce and Navigation; a
Committee on Taxation adc Revenue, and a Committee on the State
of the Commonwealth.
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-
man, 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, Sergoant-at-Arms and Door.Keeper shall be sov-
erally 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 silting with closed doors.
34. All acts, addresses and joint resolutions shall be signed by
the Speaker; and all writs, warrants and subpemas issued by order
of the Ilouse, 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,
shall 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-
venience of the House.
37. No member shall vote on the question in the event of which
he 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.
3). '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 shall.pre-
clude 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 un-
der consideration, shall be admitted under color of amendment.
42. The unfinished business in which the House was engaged at
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 excuses

are made, may, by order of those present, be taken into custody as
they appear, or may be sent for and taken into custody wherever to
be found by the Seige.'nt.at-Arms.
41. When a ioember shia!l be discharged from custody and admit-
ted to his seat, the House shall determine whether such discharge
shall be with or with.ot 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 rr.embers returned to serve in this House, and to take into their
consideration nil 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 Hlouse.
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, iid without erasures or interlineations.
48. Before a bill or resolution requiring three readings shall be
read the third time, it shall bh carefully engrossed under the direc-
tion of the Clerk, and upon the third reading of the bill or. resolu-
tion, 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
passage, and he transmitted to the Senate accompanied with a mes-
sage stating the fitle of thi bill or resolution, and asking the concur-
renceO of that body, and its transniissEion shall be entered upon the
Journal.
51. Bills committed to a committee of the whole House shall be
first read throughout by the clerk, andi then again read and debated
by clauses, leaving the preamble to be last considered ; tle body of
the said bill shall not he interlined and defaced, but all amendments,
noting the page and -line, shall be duly entered by the clerk on a
separate 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 debatedd ad 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 rules, or any of them, oo rescinded or
suspended, unless two-thirds of the members present so direct.
55. Th;at upon the adjournment of the General Assembly, the
Clerk of the HIuse shall be required to file in the office of tile Sec-
"retary of State, all papers on file with him relating to unfinished bu,

.sness, 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 receiving
his compensation.
56. In all cases not provided for by these Rules, parliamentary
practice as laid down in Jefferson's Manual, is hereby adopted.
R. H. M. DAVIDSON, (i, ..r.....-,
C. GILLIS,
A. J. CLYATT.
"Which report was, on motion of Mr. Whitfield, received and
adopted.
On motion of Mr. Barrett, it was ordered that 80 copies of the
Rules be printed for the use 'of the House.
On motion of Mr. Vogt, the rule was waived and the Joint Select
Committee for the purpose of drafting Joint Rules for the govern.
ment of the two Houses of the General Assembly made the follow-
ing report:
The committee appointed by the House of Representatives to act
with a similar committee of the Senate to draft Joint Rules for the
government of the two branches of the general Assembly, report the
following for adoption:

JOINT RULES OF THE GENERAL ASSEMBLY.
RULn 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.
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.
3. When bills shall be enrolled, they shall be examined by a
Joint Comn:itte of at least two from the Senate, and two from the
House of Representatives, appointed as a Standing Committee for
that purpose, who shall forthwith make a report.
4. 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 passed:
5. When a bill or resolution which has been passed in one House
shall be rejected in the other, it shall not be brought in during the
same session, without notice of ten days, and leave of two-thirds of
that House in which it shall be moved.
6. Each House shall transmit to the other all papers on which any
bill or resolution shall be founded.
7. No bill shall be introduced in either House on either of the last
three days of the session without the unanimous consent of both Hou.
ses, except the General Appropriation Bill.

54

8. After each House shall have adhered to their disagreement, a
bill or resolution shall be lost.
9. When elections are required to be made by joint vote of the
two Houses, the time of electing shall be previously agreed upon,
and each House shall communicate the nominations made therein to
the other, prior to the voting.
10. Each House shall communicate to the other the nominations
and the result of each voting.
11. In every Joint committee, the member first named on the
part of the House first proposing such Committee, shall convene the
same.
12. During the election of officers there shall be no motions enter-
tained except to adjourn, to proceed to vote, to nominate and to
withdraw a candidate-which motions shall have precedence in the
order they stand.
13. The doings throughout shall proceed without debate.
14. Communications shall be made on paper, and signed by the
Secretary of each House, and transmitted by the Messenger, or
Doorkeeper.
15. In every case of disagreement between the Senate and House
of Representatives, either House may suggest conference, and ap-
point a Committee for that purpose, and the other House shall also
appoint a Committee to confer at a convenient hour, to be designa-
ted by the Chairman; said Comniittee shall meet and confer freely on
the subject of disagreement.
16. Whenever a public bill or resolution is ordered to be printed
for the use of either House, a number shall be ordered, sufficient for
the use of both Houses; and it shall be the duty of the Secretary 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 requi-
site number of printed copies.
All of which is respectfully submitted.
D. A. VOGT,
Chairman of Committee on the part of the House.
PHILIP DELL,
Chairman of Committee on the part of the Senate.
Which report was received and the Joint Rules adopted.
On motion of Mr. Ingram, it was ordered 'that 80 copies of the
Joint Rules be printed for the use of the House.

ORDERS OF THE DAY.

A bill to be entitled an act to incorporate a company to construct
a railroad from some point on the Florida Railroad in East Florida
to Tampa Bay, under the style of Florida Peninsula Railroad Com-
pany,
Was read-the first time, and, the rule being waived, read the

55

second time by its title and referred to the Committee. on Corpora-
tions.
On motion of Mr. Maloney, it was ordered that 80 copies of the
bill be printed for the use of the House.
A bill to be entitled an act for the relief of Putnam county,
Was read the first time and ordered to be read a second time on
Monday.
A bill to be entitled an act for the relief of A. W. Cook, Tax-
Collector of Alachua county,
"Was read the first time, and, the rule being waived, read the
second time by its title.
On motion of Mr. Ingram, the bill was referred to the Committee
on Propositions and Grievances.
A bill to be entitled an act to repeal an act entitled an act estab-
lishing election precincts in Putnam county,
Was read the first time, and, the rule being waived, read the
secondtime by its title and ordered for a third reading on Monday.
A bill to be entitled an act to incorporate Marion Lodge; No. 19,
in the town of Ocala in Marion county,
Was read the first time, and, the rule being waived, read the se-
cond time.
On motion of Mr. Vogt, the bill was referred to the Committee
on Corporations.
A bill to be entitled an act for the relief of William Lowe, Tax-
Assessor and Collector for Monroo county,
Was read the first time, and, the rule being waived, read the se-
cond time.
On motion of Mr. Gillis, the bill was referred to the Committee
on Propositions and Grievances.
The following communication from the Treasurer of the State
was received and read:
TIEAsURY DE PART3IENT, TREASURY OFFICE,
Tallahassee, November 26th, 1858.
R. B. Hilton, Esq., Clerk, 4-c.:
DEAR SIR: I have received your letter of this inst., and, in reply,
have to say that the Committee Rooms are ready for their legitimate
purposes, and that I have not authorized their use for any other.
Yours respectfully,
C. H. AUSTIN, Treasurer.
The rule having been waived, Mr. Vogt moved the appointment
of a Standing Committee on State Lands,
Which motion was adopted.
The Speaker announced the following additional Standing Com-
mittees: -

Committee on State Lands. State of Commonwealth,
Messrs. VOGT, Messrs. GILLIS,
BREVARD, WILLIAMS,
CHURCH, PEACOCK,-
HEERMANS, POPE,
GILLIS. BIRD.
Conm. on Commerce Navigation. Taxation and Revenue.
Messrs. MALONEY, Messrs. BIRD,"
McNEILL, CLYATT,
RICHARDSON, DAVIDSON,
BARRETT, CHRISTIE,
MUNN. ROBINSON.

On motion, the Houseadjourned until Monday, 11 o'clock, A. M.

MONDA f, N3e nbber 29th 1358.

Fh Ha3is met pursuant to a'lja3rnmrnnt-a quorum present.-
Che R3/. Mr. Branch officiated as Chaplain.
The journal of Saturday's proceedings was read and approved.
Notice was given of intention to introduce the following bills at
same future day, viz:
By Mr. Barrett:
A bill to be entitled an act to amend the Charter of Incorporation
of the Town of Jacksonville; and
A bill to be entitled an act to amend the charter of the Florida,
Atlantic and Gulf Central Railroad Company.
By Mr. Gillis:
"A bill to be entitled an act to amend the Divorce Law;
"A bill to be entitled an act in relation to Interest; and
"A bill to be entitled an act concerning Costs in Civil Suits.
By Mr. Hughey :
A bill to be entitled an act explanatory of an act entitled an act
to organize the County of Volusia.
By Mr. Brinson:
A bill to be entitled an act for the benefit of those Counties and
Towns which have subscribed, or may hereafter subscribe, for stock
in any Railroad or other work of Internal Improvements in this
State.
By Mr. Evans:
A bill to be entitled an act' for the relief of George F. Gainer,
Sheriff of Washington County.
By Mr. Nicks:

A bill to be entitled an act for the relief of Columbus R. Alex.
ander.
By Mr. Church:
A bill to be entitled an act for the relief of John H. Patterson, late
Sheriff of Madison County.
By Mr. Brevard:
A bill to be entitled an act to amend an act entitled an act to
authorize the business of Banking.
By Mr. Davidson:
A bill to be entitled an act for the relief of Isaac N. Shepard, of
Gadsden county.
By Mr. Mickler:
A bill to be entitled an act to provide for the keeping roads in St.
Johns county in repair.
The following message was received from the Senate:
SENATE CHAMBER,
Tallahassee, November 27, 1858.
Hon. J. B. GALBRAITII,
Speaker of the House of Representatives:
SIn: The Senate has this day passed the following bill, vizi
A bill to be entitled an act to change the name of Abraham Du-
pont Zylstra. Respectfully,
JAMES E. BOWDEN,.
Secretary of Senate.
Which was read, and the bill placed among the orders of the day.
The following message was received from the Senate:
SENATE CIAMBER, Nov. 27th 1858.
Hon. J. B. GALBRAITII,
Speaker of the House of Representatives:
Sin: The Judiciary Committee has been appointed a Special
Joint Committee on the part of the Senate, to confer with a similar
Committee of the House, to enquire and investigate as to the pro-
priety, and, if proper, to report some plan for publishing "All of the
Statutes of Great Britain of force in this State" in some other
mode not designated in the act of December 27th, A. D., 1845, as
to the same, since the provisions of said act are deemed impractica-
ble. Respectfully,
JAMES E. BOWDEN,
Secretary of Senate.
Which was read.
On motion of Mr. Gillis, the Judiciary Committee of this House
was appointed to act with the Committee appointed on the part of
the Senate.
The following message was received from the Senate:
8

58

'SENATE CHAMBER, Nov. 27th, 1858.
Hon. J. B. GALBRAITH,
Speaker of the House of Representatives:
SiR: Messrs. Baker, Dell and MeQueen have been appointed a
Joint Select Committee on the part of the Senate, to act with a
similar Committee on the part of the House, to enquire into and
report as to the proper control and present use of all the rooms of
the Capitol, except the chambers of the Senate and.House of Repre-
sentatives, and, in the absence of any law, to recommend a proper
disposition of the same. Respectfully,
JAMES E. BOWDEN,
Secretary of Senate.
Which was read.
On motion of Mr. Williams, a Committee of three, consisting of
Messrs. Williams, Barrett and Pope, were appointed to act with the
Committee appointed on the part of tlhip S9nate.
On motion of Mr. Davidson, it was ordered that 80 copies of the
Standing Committees be printed for the use of the House.
Pursuant to previous notice, Mr. Heermans introduced the follow-
ing bill:
A bill to be entitled an act to incorporate a company to be called
the Neuvitas, Nassau and Florida Navigation Company;
Which was placed among the orders of the day.
Pursuant to previous notice, Mr. Vogt introduced a bill to be en-
titled an act to allow Aden Eleazer Waterman, a minor, to contract
and be contracted with;
Which was placed among the orders of the day.
Pursuant to previous notice, Mr. Gillis introduced a bill to be en-
titled an act in relation to Evidence; and
A bill to be entitled an act to legitimize William Robert;
Which were placed among the orders of the day.
Pursuant to previous notice, Mi. Barrett introduced a bill to be
entitled an act to change the name of Antonia Wallace to Antonia
Crespo; and
A bill to be entitled on act to amend the Road Law applicable to
the County of Duval, approved December 15, 1856;
Which were placed among the orders of the day.
On motion of Mr. Starke, it was voted that the Secretary of State be
requested to furnish to the House a copy of the Charter of the Town
of Jacksonville.

ORDERS OF THE DAY.

A bill to be entitled an act for the relief of Putnam County,
Was read the third time and put upon its passage, upon which the
vote was:
Yeas-Mr. Speaker, Messrs. Barrett, Bird, Brevard, Brinson,

59

Broxson, Campbell, Church, Coffee, Davidson, Erwin, Evans, Frink,
Gillis, Heermans, Hughey, Hunt, Ingram, Johnson, Leigh, Maloney,
Manning, McCrary, McKinnon, McNeill, Mickler, Munn, Nicks,
Peacock, Richardson, Roberts, Robinson, Smith, Starke, Vogt,
Whitfield, Williams of Leon and Yon-38.
Nay-Mr. Christie-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 repeal an act entitled an act estab.
listingg Election Precincts in Putnam County,
Was read the third time and put upon its passage, upon which the
vote was:
Yeas-Mr. Speaker, Messrs. Barrett, Bird, Brevard, Brinson,
Broxson, Campbell, Christie, Church, Coffee, Davidson, Erwin,
Evans, Frink, Gillis, Heermans, Hughey, Hunt, Ingram, Johnson,
Leigh, Maloney, Manning, McCrary, McKinnon, McNeill, Mickler,
Munn,Nicks, Peacock, Pope, Richardson, Roberts, Robinson, Smith,
Starke, Vogt, Whitfield, Williams of Leon and Yon-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 incorporate a company to be called
the Neuvitas, Nassau and Florida Navigation Company,
Was read the first, time and, the rule being waived, read the
second time by its title and referred to the Committee on Commerce
and Navigation.
On motion of Mr. Heermans, it was ordered that 80 copies of
the bill be printed for the use of the House.
On motion of Mr. Vogt, the rule was waived, and James A. Wig-
gins, Esq., member from Marion countypresented his certificate of
election and was duly sworn by F. C. Barrett, Esq., Notary Public.
A bill to be entitled an act to change the name of Antonia Wal-
lace to Antonia Crespo,
Was read the first time, and, the rule being waived, read the
second time by its title and ordered for a third reading on to-mor-
row.
A bill to be entitled an act to legitimize William Robert,
Was read the first time and ordered for a second reading on to-
morrow.
A bill to be entitled an act to amend an act in relation to Evi-
dence,
Was read the first time and ordered for a second reading on to-
morrow.
A bill to be entitled an act to authorize Aden Eleazer Waterman
a minor, to contract and be contracted with,

60

Was read the first time, and the rule waived, read the second,
time by its title, and ordered for a third reading on to-morrow.
A bill to be entitled an act to amend the Road Law applicable to
the.county of Duval, approved Dec. 15, 1856,
Was read the first time, and the rule being waived, was read a
second time by its title, and ordered for a third reading on to-morrow.
Senate bill to be entitled an act to change the name of Abraham
Dupont Zylstra;
Was read the first time and ordered for a second reading on to-
morrow.
The Speaker laid before the House the evidence and papers in
the matter of contested seat from the county of Duval;
Which were referred to the Committee on Elections.
On motion of Mr. Vogt, Mr. Brevard was added to the Committee
on Elections.
On motion the House adjourned until to-morrow, 10 o'clock,
A. M.

TUESDAY, November 30th, 1858.

The House met pursuant to adjournment-a quorum present.
The Rev. Mr. Branch officiated as Chaplain.
The journal of yesterday's proceedings was read, corrected and
approved. .
Notice was given of intention to introduce the following bills at
some future day, viz:
By Mr. Kenan:
A bill to be entitled an* act to authorize parties to compel dis-
coveries at common law.
By Mr. Richardson:
A bill to be entitled an act to incorporate a company to construct
a railroad from Newport (with the privilege of extension to the
Spanish Hole) to some point on the Georgia line.
By Mr. Peacock:
A bill to be entitled an act to change the name of Hugh Martin
Newmans to Hugh Martin Keen, to be heir-at-law of Sherrod S.
Keen.
By Mr. Robinson:
A bill to be entitled an act to allow spiritous liquors to be drank
where sold.
By Mr. Maloney:
A bill to be entitled an act to remove, in part, obstructions to com-
merce at Key West.
Pursuant to previous notice, Mr. Barrett introduced a bill to be

62

The Committee on Engrossed Bills report as correctly engrossed
the following bills, viz:
A bill to be entitled an act for the relief of Putnam county';
A bill to be entitled an act to repeal an act entitled an act estab-
lishing Election Precincts in Putnam county.
D. A. VOGT, Chairman.

ORDERS OF THE DAY.

A bill to be entitled an act to repeal an act entitled an act to
amend the Road Law applicable to the county of Duval, approved
Dec. 15, 1856,
Was read the third time and put upon its passage, upon which the
vote was:
Yeas-Mr. Speaker, Messrs. Barrett, Bird, Brinson, Broxson,
Campbell, Christie, Church, Clyatt, Coffee, Davidson, Erwin, Evans,
Frink, Gillis, Heermans, Hunt, Ingram, Johnson, Kenan, Leigh,
Manning, McCrary, MeKinnon, McNeill, Mickler, Munn, Nicks,
Peacock, Richardson, Roberts, Robinson, Starke, Vogt, Whitfield,
Wiggins, Williams of Leon and Yon-38.
Nays-none.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
Senate bill to be entitled an act to change the name of Abraham
Dupont Zylstra,
Was read the second time, and the rule waived, read the third
time and put upon its passage, upon which the vote was:
I Yeas-Mr. Speaker, Messrs. Barrett, Bird, Brinson, Broxson,
Christie, Church, Clyatt, Coffee, Davidson, Erwin, Evans, Frink
Gillis, Heermans,'Hughey, Hunt, Johnson, Kenan, Leigh, Manning,
McCrary, McKinnon, Mickler, Munn, Nicks, Peacock, Richardson,
Roberts, Robinson, Starke, Vogt, \\ i._;in. and Yon-34.
Nays-Messrs. Ingram and Williams-2.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
A bill to be entitled an act to legitimize William Robert
Was read the second time and ordered to be engrossed for a tlhrd
reading on to-morrow.
A bill to be entitled an act to authorize Aden Eleazer Waterman,
a minor, to contract and be contracted with,
Was read the second time and ordered to be engrossed for a third
reading on to-morrow.
A bill to be entitled an act to change the name of Antonia Wal-
lace to Antonia Crespo,
Was read the second time and ordered to be engrossed for a third
reading to-morrow.
A bill to be entitled an act in relation to Evidence,

61

entitled an act granting a charter for the Cowford Ferry at Jack-
sonville, Duval county, to William A. Young,
Which was placed among the orders of the day.
Pursuant to previous notice, Mr. Church introduced a bill to be
entitled an act for therelief of John H. Patterson, late Sheriff of
Madison county,
Which was placed among the orders of the day.
Pursuant to previous notice, Mr. Brinson introduced a bill to be
entitled an act for the benefit of those counties and towns which
have subscribed, or may hereafter subscribe, for stock in any rail-
road or other works of internal improvement in this State,
Which was placed among the orders of the day.
On motion of Mr. Maloney, 80 copies of the bill were ordered to
Sbe printed for the use of the House.
Pursuant to previous notice, Mr. Gillis introduced a bill to be en-
titled an act to amend the Divorce Law;
A bill to be entitled an act concerning costs in civil suits; and,
A bill to be entitled an act in relation to Interest,
Which were placed among the orders of the day.
Mr. Heermans introduced a resolution relative to draining Main
Savannah, in Brevard county,
Which was placed among the orders of'the day.
The Committee on Corporations made the following report:
SThe Committee on Corporations to whom was referred the bill to
be entitled an act to incorporate Marion Lodge, No. 19, in the town
of Ocala, in Marion County, East Florida,
REPORT:

That they have had the same under consideration. The constitu-
tional notice having been given, they refer the bill back to the House
without amendment, and recommend that it do pass.
TILLMAN INGRAM,
Chairman.
Which was read and concurred in and the accompanying bill
placed among the orders of the day.
The Committee on Propositions and Grievances made the follow-
ing report:
The committee to whom was referred the bill to be entitled an
act for the relief of William Lowe, Tax Assessor and Collector of
Monroe County have had the same under consideration, and recom-
mend that said bill do pass.
JOS. B. CHRISTIE,
Chairman.
-Which was read and concurred in, and the accompanying bill
,placed among the orders of the day.
The Committee on Engrossed Bills made the following report:

63

Was read the second time, and referred to the Committee on the
Judiciary.
A bill to be entitled an act granting a Charter for the Cowford
Ferry at Jacksonville, Duval county, to William A. Young,
Was read the first time, and the rule being waived, read the sec-
ond time by its title and refered to the Committee on Commerce
and Navigation.
A bill to be entitled an act concerning Costs and CivilSuits,
Was read the first time, and the rule being waived, read the sec-
ond time by its title.
Mr. McNeill moved that the bill be indefinitely postponed.
Upon the indefinite postponement the yeas and nays were called
for by Messrs. Brinson and Maloney, and were as follows:
Yeas-Messrs. Barrett, Bird, Brinson, Campbell, Christie, Church,
Clyatt, Coffee, Davidson, Erwin, Hughey, Maloney, McCrary, Mbc-
Kinnon, McNeill, Munn, Nicks, Peacock, Roberts, Robinson, Smith,
Starke,.Wiggins and Yon-24.
Nays-Mr. Speaker, Messrs. Broxson, Evans, Frink, Gillis, Heer-
mans, Hunt, Ingram, Johnson, Kenan, Leigh, Manning, Mickler,
Richardson, Vogt, Whitfield and Williams of Leon-17.
So the bill was indefinitely postponed.
A bill to be entitled an act in relation to Interest,
Was read the first time, and, the rule being waived, read the
second time by its title and referred to the Committee on the Judi-
ciary.
A bill to be entitled an act for the relief of John H. Patterson,
late Sheriff of Madison county,
Was read the first time and ordered for a second reading on to-
morrow.
A bill to be entitled an act to amend the Divorce Law,
Was read the first time and ordered for a second reading on to-
morrow.
Resolution relative to draining Main Savannah, in Brevard county,
Was read the first time and ordered for a second reading on to-
morrow.
On motion of Mr. Maloney, the rule was waived and Theodore
Bissell, member from Dade county, presented the evidence of his
election, and was duly sworn by F. C. Barrett, Esq., Notary Public.
On motion of Mr. Maloney, the motion to indefinitely postpone
the "bill to be entitled an act concerning costs in certain cases"
was reconsidered, and said bill referred to the Committee on the
Judiciary.
On motion of Mr. Smith, the rule was waived, and he was per-
mitted in pursuance of a previous notice to introduce a bill to be en-
titled an act to divide the County of Duval, and to organize a new.
county to be called Clay County.

64

Said bill was read the first time and ordered for a second reading
-on to-morrow.
On motion the House adjourned until to-morrow, 10 o'clock, A, M.

**
WEDNESDAY, December 1st, 1858.

The House met pursuant to adjournment-a quorum present.
The Rev. Mr. Branch officiated as Chaplain.
The Journal of yesterday's proceedings was read and approved.
Notice was given of intention to introduce the following bills at
some future day, viz:
By Mr. Barrett:
A bill to be entitled an act to authorize Elizabeth Bathlow to sell
the real estate of Ephraim Guann, deceased.
By Mr. Williams of Leon :
A bill to be entitled an act to increase the salaries of the Circuit
Judges; and
A bill to be entitled an act to prevent citizens of other States from
fishing in Lakes lamonia and Mickosukie.
By Mr. Frink:
A bill to be entitled an act to authorize John H. Baker to erect a
Toll Bridge across Withlacoochee river at or near Belleville in Ham-
ilton County.
By Mr.'Gettis:
A bill to be entitled an act for the relief Samuel B. Todd.
Mr. McKinnon presented the petition of citizens of Walton Coun-
ty, praying for relief for expenses incurred in and about the arrest
and safe keeping, &c., of Leonard Singletary.
On motion of Mr. Gillis, said petition was referred to the Commit-
tee on Propositions and Grievances.
Mr. Heermans presented the petition of William New and 26 oth-
er inhabitants of Brevard County praying to be relieved from the
grievances therein stated.
Which, on motion of Mr. Heermans, was referred to the Commit-
tee on Propositions and Grievances.
Mr. Roberts presented the petition of V. S. Harris and 38 other
citizens of this State, asking for the taxation of Railroad Compa-
nies; *
Which, on motion of Mr. Gillis, was referred to the Committee on
Taxation and Revenue.
Mr. Heermans presented the petition of William New and 26
other inhabitants of Brevard County, praying that a tax be levied on
all stock of non-residents driven into said County;
Which, on motion of Mr. Heermans, was referred to the Commit-
tee on Propositions and Grievances.

U5

Mr. Leigh presented the petition of 25 citizens of Santa Rosa
County, asking that Tide S. Lottman be permitted to peddle and
ha wk goods, wares and merchandise, free of tax, in this State;
Which, on motion of Mr. Leigh, was referred to the Committee
on Taxation and Revenue.
Mr. Maloney, from the Committee on Commerce and Navigation,
made the following report:
The Committe on Commerce and Navigation, to whom was re-
ferred a bill to be entitled An Act granting a Charter for the Cow-
ford Ferry at Jacksonville, Florida, to William A. Young," direct
me to report the same back to the House with the accompanying
amendment and recommend its passage.
Amend, by inserting after the second word in line seven, section
2, the words or may hereafter be."
Respectfully submitted,
W. C. MALONEY, Chairman.
Which was read, and the bill and amendment placed among the
orders of the day.
Also the following:
The Committee on Commerce and Navigation, to whom was re-
ferred a bill to be entitled An Act to incorporate the Nuevitas,
Nassau and Florida Navigation Company," direct me to report the
same back to the House with the accompanying amendment, and
recommend its passage:
Amend, by inserting in line 6, section 1, after the name William
A. Forward" the words citizens of the United States."
Respectfully submitted,
W. C. MALONEY, Chairman.
Which was read, and the bill and amendment placed among the
orders of the day.
Mr. Christie, from the Committee on Propositions and Grievances,
made the following report:
The committee to whom was referred a bill entitled an act for the
relief of A. W. Cook, Tax Collector of Alachua county, have had
the same under consideration, and recommend that said bill do not
pass.
JOS. B. CHRISTIE, Chairman.
Which was read and the bill placed among the orders of the day
Mr. Vogt, from the Committee on Engrossed Bills, made the fol-
lowing report:
The Committee on Engrossed Bills report the following bills as
correctly engrossed, viz:
An act to legitimize William Robert;
An act to repeal an act entitled an act to amend the Road Law
applicable to the county of Duval, approved Dec. 15, 1856;
9

A hill to he entitled an act to change the name of Antonia Wal-
lace to Antonia Crespo;
An act for the relief of William Lowe, Tax Assessor and Collee-
tor for Monroe county ;
An act to incorporate Marion Lodge, No. 19, in the town of Ocala,
in Marion county, East Florida;
An act to authorize Aden Eleazr WVaterman, a minor, to contract
and be contracted with.
D. A. VOGT, Chairman.
The following me'ssago was received from the Senate:
SENATr CI.HnER,L
November 30th, 185S.
lion. J. B. GALERnITIr,
Speaker of thce House of Representatives:
SIR : The Senate has this day passed the following bills and or-
dered that they bo certified to the Hlonse, viz :
A hill to be entitled an act to authorize Daniel B. Coker to build
a Toll Bridgo across the Santa Fee river;
A bill to be entitled an act to amend section one, clause two of
the Attachment Laws of this State, approved February 15, 1831;
and
An act to authorize Albert IHyer, a minor, to contract and be con-
tracted with.
Very Respectfully,
J. E. BOWDEN,
Secretary of the Senate.
ORDERS OF THE DAY.

A bill to be entitled an act for the relief of John II. Patterson,
late Sheriff of Madison county,
Was read the second time and ordered to be engrossed for a third
reading on to-morrow.
On motion of Mr. Williams, the rule was waived and lie allowed
to make the following motion:
That the Sergeantatt-Arms be instructed to attend on the different
Committees, in order that he may be sent after and compel the
attendance of the members when ordered by the Chairman;
Which motion was adopted.
A bill to be entitled an act to amend the Divorce Law;
Was read the second time, and, on motion of Mr. Gillis, referred
to the Committee on the Judiciary.
A bill to be entitled an act to divide the county of Duval and
organize a new county to be called Clay county,
Was'read the second time, and, on motion of Mr. Barrett, referred
So a Select Committee of three, consisting of Messrs. Barrett, Smith
and Whitfield.

.'* .l1'i 0 relative to draining Main Savanna, in Brevard county,
Was read the second time, and, on motion of Mr. Whitfield, re-
ferred to the Committee on Commerce and Navigation.
On motion of Mr. Smith, the rule was waived, and he allowed to
present a petition relating to the division of Duval county,
Which was read and referred to the Select Committee appointed
to report on the bill.
SA bill to be entitled an act to incorporate a company to be called
the Neuvitas, Nassau and Florida Navigation Company,
Was read the second time.
The amendment recommended by the Committee on Commerce
and \ .*'. Ii' was concurred in, and the bill, as amended, ordered
to be engrossed for a third reading on to-morrow.
On motion of Mr. Barrett, the rue was waived, and Mr. Ingram
added to the Select Committee on the division of )Dval county.
A bill to be entitled an act to grant a charter for the Cowford
Ferry at Jacksonville, Duval county, to William A. Young,
XWas read the second time and the amendment recommended by
the Committee on Commerce and Navigation was concurred in, and
the bill; as amended, ordered to be engrossed for a third reading on
to-morrow.
A bill to be entitled an act for the relief of William Lowe, Tax.
Assessor and Collector for Monroo county,
"Was read the third time and put upon its passage, upon which
the vote was:
Yeas-Mr. Speaker, Messrs. Barrett, Bird, Bissell, Brevard, Btrin
son, Broxson, Campbell, Christie, Church, Clyatt, Coff'e, Davidson,
Erwin, Evans, Frink, Gettis, Gillis, Ieerimans,. Ilughev, Hlunt,
Ingram, Kenan, Leigh; Maloney, Manning, McCrary, leKinnon,
"McNeill, Mickler, Munn, Nicks, Peacock, Pope, Richardson, Roberts,
Robinson, Smith, ;-t AI.., Vogt, VW i- and Yon-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 Antonia Wal-
lace to Antonia Crespo,
Was read a third time and put upon its passage, upon which the
vote was:
Yeas-Messrs. Barrett, Bird, Bissell, Brinson, Broxson, Church,
Clyatt, Coffee, Davidson, Erwin, Evans, Frink, Gillis, Hughey, Hunt,
Keenan, Maloney, Manning, McCrary, Peacock, Pope, Richardson,
Roberts, Robinson, Smith, Starke, Vogt, Whitfield, Wiggins and
Yon-30.
N-'., -Mr. Speaker, Messrs. Brevard, Campbell, Christie, Gettis,
IHeermans, Ingrain, Leigh, McKiinon, McNeill, Mickler, niun,
Nicks und Williams of Leon--14.
So the bill passed-title as stated.

6S

Ordered that the same be certified to the Senate.
A bill to be entitled an act to legitimize William Robert,
Was read the third time and put upon its passage, upon which the
vote was:
Yeas-Messrs. Barrett, Brevard, Brinson, Broxson, Campbell,
Christie, Church, Clyatt, Evans, Gillis, Hughey, Hunt, Leigh,
McCrary, McKinnon, Peacock, Pope, Roberts, Smith, Starke,
Vogt and Wiggins-22.
Nays-Mr. Speaker, Messrs. Bird, Bissell, Coffee, Davidson,
Erwin, Frink, Gettis, Heermans, Ingram, Maloney, M.in...'. Mc-
Neill, Mickler, Munn, Nicks, Richardson, Robinson, Whitfield,
Williams of Leon and Yon-21.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
Senate bill to be entitled an act to authorize Daniel B. Coker to
build a Toll Bridge across the Santa Fee river,
Was read the first time and ordered for a second reading on to-
morrow.
Senate bill to be entitled an act to amend section one, clause two,
of the Attachment Laws of this State, approved February 15th, 1834,
Was read the first time and ordered for a second reading on to-
morrow.
A bill to be entitled an act for the relief of A. W. Cook, Tax Col-
lector of Alachua County,
Was read a second time and ordered to be engrossed for a third
reading on to-morrow.
A bill to be entitled an act to incorporate Marion Lodge, No. 19,
in the town of Ocala in Marion County, East Florida,
Was read the third time.
On motion of Mr. Ingram, the rule was waived, and he allowed to
move that said bill be indefinitely postponed;
Which motion was carried, and the bill indefinitely postponed.
A bill to be entitled an act to authorize Aden Eleazer Waterman,
a minor, to contract and be contracted with,
Was read the third time and put upon its passage, upon which the
vote was:
Yeas-Messrs. Barrett, Bird, Bissell, Brevard, Brinson, Broxson,
Clyalt, Coffee, Davidson, Erwin, Frink, Kenan, Manning, McKin-
non, Peacock, Pope, Richardson, Robinson, Smith, Vogt, Wiggins,
Williams and Yon-23.
Nays-Mr. Speaker, Messrs. Christie, Church, Evans, Gettis, Gil-
lis, Heermans, Hughey, Hunt, Ingram, Leigh, Maloney, McNeill,
Mickler,.Munn, Nicks, Roberts, Starke and Whitfield-20.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.

Senate bill to be entitled an act to authorize Albert Ilyer, a minor,
to contract and be contracted with,
Was, read the first time and ordered for a second reading on to-
morrow.
The following message was received from his Excellency the
Governor:
"EXECUTIVE DEPARTMENT,
Tallahassee, Dec. 1st, 1858.
IJon. Jonn B. GALnAITII,
Speaker of the House of Representatives :
Sr--Acoompanying this, you will receive communications from
gentlemen well known in South Florida relative to the Indians still
remaining in that portion of the State. As anything in that connec-
tion from a reliable source is of deep interest, you will please com-
municate the same to the House over which you preside.
Respectfully, BM. S. PERRY.
On motion of Mr. Maloney, the message and'accoinpagying pa-
pers were referred to the Committee on Indian Affairs.
A communication was received from the Hon. G. R. Fairbanks,
asking the use of the Hall for a lecture to be given on the evening
of Saturday next-which was granted.
On motion the House adjourned until to-morrow 10 o'clock, A. M.

THURSDAY, December 2d, 185F.

The House met pursuant to adjournment-a quorum present.
The Rev. Mr. Branch officiated as Chaplain.
The journal of yesterday's proceedings was read, amended and
approved.
Notice was given of intention to introduce the following bills at
some future day, viz:
By Mr. Barrett:
A bill to be entitled an act to secure the fees of Circuit Court
Clerks in certain cases; and,
A bill to be entitled an act to amend an act entitled an act rela.
tive toassociations for manufacturing purposes, approved January
8, 1853.
By Mr. Gillis:
A bill to be entitled an act in relation to chancery practice; and,
A bill to be entitled an act for issuing of writs of scire facias in
certain cases on forfeited bonds and recognizances.
By Mr. Williams:
A bill to be entitled an act for the protection of mechanics against
the interference of slave labor.

By Mr. Wiggins:
A bill to be entitled on act to alter the Constitution of this State;
and,
A bill to amend the Tax Laws.
By Mr. Momn:
A bill to be entitled an act for the relief of Clinton Thigpen,
Sheriff and ex-officio 'Tax.Collector of Franklin county.
Mr. Pope, from the Committee on Elections, made the following
report:
The Committee on Elections, to whom was referred the matter of
the contested scat of the Representative from Sumter county, would
respectfully submit the following
REPORT:
It appears to the satisfaction of the committee that no proper can-
vass of the returns from the I.i' .. ,r precincts was made.
The Judge of Probate, with the two Inspectors of Elections, who
constituted the Board of Canvassers, canvassed the returns on the
second and not the third day after the election, as prescribed by
law. Onlv t'e returns from the Precinct Nc. 1 were canvassed, the
Judge of Probate refusing to canvass other returns on mere rumor
that the elections were not conducted according to law. The elec-
tion at Precinct No. 2 was conducted in confo mity to law, and
should have been so recognized by the Board of Canvassers, as they
afterwards acknowledged.
The elections at the other Precincts in tno county were not con-
ducted as the law directs; hence it is impossible for the Committee
to determine which of the.candidates received a majority of the
qualified electors of the county. The Committee therefore recom-
mend to the House the adoption of the following resolution:
Resolved, That the seat from Sumter county be hereby declared
vacant and a new election ordered.
WM. H. POPE, Chairman,
Which was read, and, on motion of Mr. Gillis, concurred in.
Mr. Vogt, from the Committe on Engrossed bills, made the fol-
lowing report:
The Committee on Engrossed Bills report the following bills as
correctly engrossed, viz:
A bill to be entitled an act for the relief of A. W. Cook, Tax Col-
lector of Alachua county;.
A bill to be entitled an act to incorporate the Nuevitas, Nassau
and Florida Navigation Company ;
A bill to be entitled an act for the relief of John H. Patterson,
]ate Sheriff of Madison county.
D. A. VOGT, Chairman.
The following message was received from the Senate:

71

SENATr CtiAxa!nnr ,
T.ALLALIASS;n, Dec. 1, 1858.
Honorable Speaker of ith
House of Rlcprcscncali'es:
SiR: The Senate this day passed the following bill and resolu-
tions, viz:
A bill to be entitled ian act for the relief of Putnam county;
Resolution 'calling the attention of our members in Congress to
the erection of a Li.'ht House on St. Martin's Reef; and
A resolution g .11,,g the attention of' the General Government to
the feasibility of laying a Telegraph tine between and from lBer-
muda and Faynl Islands, in the Atlantic Ocean, to the respective
coasts of Europe and America, with a %iew of connecting the South-
e:n States directly with Enirpe.
All of which is respectively submitted.
Very Respectfully,
J. E. BOWDEN,
Secretary of the Senate.
Which was read, and the bill and resolutions placed among the
orders of the day.
On motion of Mr. Gillis, the rule was waived, and he allowed to
introduce the following bill:
A bill to be entitled an act for the relief of Doctor S. B. Todd.
Which bill was ordered to be placed among the orders of the day.

ORDERS OF THE DAY.

Senate bill to be entitled an act to authorize Daniel B. Coker to
build a Toll Bridge across the Santa Fe River,
Was read the second time and ordered for a third reading on to-
mo0rrow.
Senate bill to be entitled an act to amend section one, clause two
of the attachment laws of this State, approved Feb. 15th, 1834,
Was read the second time, and on motion of Mr. Munn, refined
to the Corniitteeo on the Judiciary.
On motion of Mr. Wi'liams, the rule was waived, and he allowed
to introduce the following bill:
A bill to be entitled an act to provide for tile increase of the sala-
ries of the several Judges of the Circuit Courts;
Which was read the first time, and ordered for a second reading
on to-morrow.
A bill to be entitled an act amending the act incorporating the
St. Augustine and Picolata .I AI I Company,
Was read the second time, and on motion of Mr. Mickler referred
to the Committo on Corporations.

72 ,

Senate bill to be entitled an act to authorize Albert Hyer, a minor,
to contract and be contracted with,
-Was read the second time and ordered for a third reading on to-
morrowv.
A bill to be entitled an act for the relief of Jesse M. Willis, Tax
Assessor and Collector of Marion County,
Was read the first time and ordered for a second reading on to-
morrow.
A bill to he entitled an act to incorporate the town of Madison,
Was read the first time and ordered for a second reading on to-
morrow.
A'bill to be entitled an act to incorporate the Neavitas, Nassau
and Florida Navigation Company,
Was read a third time and put upon its passage, upon which the
vote was:
Yeas-Mr. Speaker, Messrs. Barrett, Bird, Bissell, Brevard, Brin-
son, Broxson, Campbell, Christie, Church, Clyatt, Cof'fee, Davidson,
Erwin, Frink, Gettis, Gillis, Heermans, Ilughcy, Hunt, Ingram, Ke-
nan, Leigh, Maloney, Manning, McCrarv, 'McKinnon, McNeill,
Mickler, Munn, Nicks, Peacock, Richardson, Roberts, Robinson,
Smith, Starke, Vogt, Williams of Leon and Yon-40.
Nays-None.
So the hill passed-title as stated.
Ordered that the same be certified to the Senate.
On motion of Mr. Bariett, the rule was waived, and he allowed
to present a petition from Daniel C. Ambler and his associates, ask-
ing a lease of a portion of State Lands and certain other privileges;
Which was read, and, on motion of Mr. Barrett, referred to the
Committee on State Lands.
On motion of Mr. Gillis, the rule was waived and he allowed to
introduce a resolution for the relief of John W. Johnston; also,
A resolution for the relief of W. W. Slone;
Which were read.
A bill to be entitled an act for the relief of A. W. Cook, Tax.
Collector of Alachua county,
Was read the third time and put upon its passage, upon which
the vote was:
Yeas-Mr. Speaker, Messrs. Barrett, Bird, Bissell, Brinson,
Church, Clyatt, Coffee, Erwin, Evans, Frink, Hunt, Ingram, Ma.
loney, Richardson, Roberts, Robinson and Smith-18.
Nays-Messrs. Brevard, Broxson, Campbell, Christie, Davidson,
Gettis, Gillis, Heermans, Hughey, Kcnan, Leigh, Manning, McCrary,
McKinnon, McNeill, Mickler, Munn, Nicks, Peacock, Starke, Vogt,
Wiggins and Williams-23.
So the bill was rejected.
A bill to be entitled an act for the relief of John II. Patterson, late
Sh riff of Madison county,

"'3

Was read the third time and put upon its passage, upon which the
vote was:
Yeas-Mr. Speaker, Messrs. Barrott, Bird, Bissell, Brevard, Brin-
son, Broxson, Campbell, Church, Clyatt, Coffee, Davidson, Erwin,
Evans, Frink, Gettis, fleermans, IIughey, Hunt, Ingram, Keenan,
Leigh, Maloney, Manning, McCrary, McKinnon, McNeill, Mickler,
Munn, Nicks, Peacock, Pope, Richardson, Roberts, Robinson, Smith,
Starke, Vogt, Wiggins and Yon-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 provide for the increase of the sala-
ries of the several Judges ot the Circuit Courts,
Was read the first time, and ordered for a second reading on to-
morrow.
Senate resolution in relation to the erection of Light House on
St. Martin's Reef,
Was read the first time, and ordered for a second reading on to-
morrow.
Senate resolution calling the attention of the General Government
to the feasibility of laying a telegraphic wire between and from
Bermuda and Fayal Ilands, in the Atlantic Ocean, to the respec-
tive coasts of Europe and America, with a view of connecting the
Southern States directly with Europe,
Was read the first time, and ordered for a second reading- on to-
morrow.
A bill to be entitled an act for the relief of Dr. Samuel B. Todd,
Was read the first time and ordered for a second reading on to-
morrow.
Mr. Gillis obtained leave to withdraw the resolutions offered by
him for the relief of Messrs. J. W. Johnston and W. W. Slone.
The following message was received from his Excellency the Gov-
ernor:
EXECUTIVE DEPARTMlENT,
TALLAIASSEE, Dec. 2, 1858.
Hon. JoIIN B. GALBRAITHr,
Speaker of, the House of Representatives :
SIR-I herewith submit a communication from the Comptroller
relative to the better security of the books, &c., of that office against
fire and other casualities,, which meets my entire approval; and I
respectfully recommend that an appropriation be made for the pur-
chase of a good and sufficient fire proof safe for the use of said office.
Very Respectfully,
M. S. PERRY.
10

TREASURY DEPARTMENT, COMPTROLLER'S OFFICE,
TALLAHASSEE, December 1, 1858.
To his Excellency MADISON S. PERRY:
SIR: In order to a better security to the books and valuable papers
of this office, I respectfully ask your Excellency to recommend to
the General Assembly an appropriation for the purchase of a good
and sufficient fire-proof safe for this office.
When it is considered that the books of this office furnish the only
evidences of indebtedness to the State, that the Comptroller is
charged with the keeping of the stocks of the School and Seminary
Funds, and that, in the event of the establishment of Banks under
the Free Banking Act of this State, large amounts of stocks will
come into his possession, your Excellency will see the imperative
necessity for some security to such books, stocks, &c., against fire,
or other casualty.
Very Respectfully,
T. W. BREVARD, Comptroller.

On motion of Mr. Williams, the message and letter of the Comp-
troller were referred to the Committee on Finance and Public Ac-
counts.
On motion the House adjourned until to-morrow, 10 o'clock, A. M.

FRIDAY, December 3d, 1858.

The House met pursuant to adjournment-a quorum present.
The Rev. Mr. Branch officiated as chaplain.
On motion, the reading of the journal of yesterday was dispensed
with.
Notice was given of intention to introduce the following bills at
some future day, viz:
By Mr. Kenan:
A bill to be entitled an act to repeal an act entitled an act to
amend the several acts concerning licenses to retail Spiritous Liquors,
approved January 8, 1853.
By Mr. Galbraith:
A bill to be entitled an act to provide for the revision and consoli-
dation of the Statutes and the preparation of a Code of Laws for
this State; and
A bill to be entitled an act to provide' for the appointment of
weighers of cotton.
By Mr. Bird:
A bill to be entitled an act to authorize guardians, administrators

75

and executors to invest the moneys of wards, testators and intestates
of Jefferson county in the Railroad Bonds of said county.
Mr. Brevard asked to be released from service on the Election
Committee;
On motion of Mr. Ingram, Mr. Brevard's request was granted.
Mr. Nicks, pursuant to previous notice, introduced a bill to be en-
titled an act for the relief of Columbus R. Alexander,
Which was ordered to be placed among the Orders of the Day.
Mr. Gillis, pursuant to previous notice, introduced a resolution for
the relief of John W. Johnston and W. W. Slone, which was ordered
to be placed among the Orders of the Day.
Mr. Bird, from the Coummittee on Tax.tion and Revenue, made
the following report:
The Committee on Taxation and Revenue, to whom was referred
the memorial of sundry citizens of Columbia County praying the
passage of an act to tax the Stock of Railroad Companies,
REPORT:

That they have had the same under consideration and deem it in-
expedient to legislate upon the-subject.
D. B. BIRD, Chairman.
Which was read, and on motion, concurred in.
Mr. Vogt, from the Committee on Engrossed bills, made the fol-
lowing report:
The Committee on Engrossed Bills report the following bill as
correctly engrossed, viz:
SA bill to be entitled an act granting a Charter for the Cowford
Ferry at Jacksonville, in Duval County, to William A. Young.
D. A. VOGT, Chairman.
Mr. Christie, from the Committee on Propositions and Grievances,
made the following report:
The undersigned Committee on Propositions and Grievances, to
whom was referred the memorial of Alexander Douglas and others,
have instructed me to report the accompanying bill for their relief,
and that they do respectfully recommend its passage.
All of which is respectfully submitted.
JOS. B. CHRISTIE, Chairman.

Which was read, and the bill ordered to be placed among the or-
ders of the day:
Mi'. Christie, from the Committee on Propositions and Grievances,
made the following report:
The Committee on Propositions and Grievances, to whom was
referred the petition of William New and twenty-six others, inhabi-
tants of the county of Brevard, asking that a tax of fifty cents per
head on all stock driven into said county, by non-residents of said

76

county, might be imposed by law, have instructed me to ask that
said Committee be discharged from the further considitetion of said
petition, and that it be referred to the Committee on Taxation and
Revenue. Respectfully submitted,
JOS. B. CHRISTIE, Chairman.
Which was read and concurred in.

ORDERS OF THE DAY,

On motion of Mr. Williams the rule was-waived, and he 'allowed
in pursuance to previous notice to introduce a bill to be entitled an
act to prevent citizens of other States from fishing in lakes lamonia
.and Miccosukie;
Which was ordered to be placed among the orders of the day.
On motion of Mr. Gillis, the rule was waived, and he allowed in
pursuance to previous notice to introduce a bill to be entitled an
act in relation to Chancery practice;
Which was ordered to be placed among the orders of the day.
On motion of Mr. Frink, the rule was waived, and he allowed in
pursuance to previous notice to introduce a bill to be entitled an
act to authorize John H. Baker to build a Toll Bridge across With-
lacoochee River, at or near Bellville on said River; .
Which was ordered to be placed among the orders of the day.
Mr. IIeermans moved that the rule be waived, to allow him to
make a motion:
Which was carried.
On motion of Mr. Heermans, the resolution relative to draining
Main Savanna in Brevard County (which was previously referred to
"the Committee on Commerce and Navigation) was referred to the
'Committee on Internal Improvements.
Mr. Williams moved that 80 copies of the Resolution be printed
for the use of the House, which was carried.
Senate resolution in relation to the erection of a Light House on
St. Martin's Reef,
Was read the second time, and, on motion of Mr. Pope, referred
to the Committee on Commerce and Navigation.
The following message was received from his Excellency the Gov-
ernor:
EXECUTIVE DEPARTMENT,
TALLAIIASSEE, December 3d, 1858.
Hox. JouN B. GALBRAITII,
Speaker of the House of Representatives :
SIn-I am in receipt of letters from Mr. J. V. Pearson, informing
me of his inability to raise the funds for the State in accordance
with his instructions as Agent. Mr. Pearson, as the General Assem-
bly have been previously advised, was empowered to raise two hun.

.77

*dred and thirty thousand dollars to pay the claims of the State troops
for services rendered the State in 1855 and 1856, either by a sale
of the Bonds of the State, or by negotiating a loan upon the hypoth-
ecation of the same, in accordance with the provisions of an act en-
titled An Act to provide for the payment of the debts of the State,"'
approved December 11, 1856. Mr. Pearson writes under date of
November 16th, 1858, that finding it impossible to sell the Bonds of
the State at'above 80 to 85 cents, he then attempted to negotiate a
loan by hypothecating the Bonds for the money borrowed, in which
he would have succeeded, but for the fears entertained by the par-
ties that the law did not authorize a sale of the Bonds to meet the
loan at maturity. He writes on the 22d ultimo, that he can raise
the money in two weeks time provided the Legislature will author.
ize'a sale of the bonds hypothecated to meet the debt at maturity."
The 4th section of the above recited Act authorizes the Governor
to negotiate a loan for and in behalf of the State, on the most prac-
ticable terms, and to hypothecate the said bonds, or so many thereof
as may be found necessary as security for the money borrowed.
I am of opinion that the power to hypothecate the bonds as secu.
rity for a loan conveys the right to sell the same to pay the money
borrowed, but as a different opinion is entertained abroad, I would
recommend that the act be so amended as to authorize a sale of the
bonds hypothecated, or so many thereof as may be found necessary
at their fair market value to meet the debt at maturity, provided the
same should not be otherwise provided for.
I cannot too strongly recommend the importance of immediately
providing for the payment of a debt due to many of our citizens for
arduous and heroic services rendered the State in defence of its
borders.
This is in truth a debt of the Federal Government, but as much
tardiness, not to say indifference, has been manifested in its liquid.
tion, it becomes the duty of the State to provide the means for the
payment of the hard earnings of the soldier, and cause the same to be
reimbursed by the Federal Government. I would suggest that the
loan should he made payable in two years if possible, and certainly
in not less than twelve months, and that the Governor be author-
ized to negotiate a loan on the most practicable terms for a sum
sufficient to pay the money borrowed when due, (provided the same
shall not have been reimbursed by the Federal Government) in or-
der to prevent a sale of the bonds hypothecated for the payment of
the first loan, and that the Treasurer be required to pay the interest
upon the same semi-annually, in either New York, Savannah or
Charleston. It was stipulated with Mr. Pearson that he should re-
ceive as compensation 2_ per cent. (the usual disbursing commission)
upon the sums raised and disbursed, but that no charge was to be
made for his services in the event of a failure, so that the expense of

78

the agency, in the effort to negotiate the loan, is not chargeable to
the State.
There is another debt due by the Federal Government to some of
the citizens of our State of long standing, which in justice should be
also paid.
Under the act of January 7th, 1853, entitled An Act to provide for
the payment of Captain's Sparkman's, Parker's and other Volunteer
Companies, for service in the year 1840, there was issued by the
Comptroller and Governor, State Scrip to the amount of Sixty-four
thousand, two hundred and sixty one 90.100 dollars (64,261 90-100)
bearing interest at six per centum per annum from date. About the
1st day of June, 1857, the Federal Government under an Act of
Congress providing for the .' "'. .;. to the .' of Florida such
amount as she had paid on account of Indianr .,' i, the years
18519 1852, and 1853, recognized the claim of te i apart of
which was covered by this Scrip, and on the 12ut day of June, 1857,
there was paid into the State Treasury by the Covernor the sum of
SSixty four thousand and Eighty four W0-100 dollars I' .,084 0-100)
which sun was applied to the payment of the principal of said Scrip.
There being no fund, to meet the interest, :ind it being necessary
that the original Scrip should be surrendered upon the payment of
principal, the Comptroller issued a new Scrip for interest calculated
to the 12th day of June, 1857. The 3d Section of the act first above
referred to provides, that so soon as ai appropriation shall be. made
by the Federal Government for the payment of the Officers and pri-
vates of said Companies, and shall be deposited in the Treasury of
this State, the interest on said Scrip shall cease. In view of this
provision the Comptroller refused to certify interest upon said Scrip
beyond the date of the deposit on the 12th June, 1857.. No portion
of this interesthas been paid, except the sum of Seventeen hundred
and forty two 26-100 dollars (01742 26-100) which was paid prior
to the deposit aforesaid, under Resolution 19 of the 15th day of De-
cember, 1855, and there is due for interest upon said Sclip (being
calculated to the 12th June, 1857,) the sum of thirteen thousand two
hundred and forty one 1-100 dollars ($13,241 1-100.) I respect-
fully recommend that provision be made for the payment of the
above Scrip, and that interest be allowed until the same shall have
been paid.
Very Respectfully,
M. S. PERRY.
Which was read, and
On motion of Mr. Brevard, referred to the Committee on Finance
a.nd Public Accounts.
A bill to be entitled an act for the relief of Jesse M. Willis, Tax-
Assessor and Collector of Marion county,
Was read the second time, and, on motion of Mr. Vogt, referred
to the Committee on Claims.

79

Senate bill to be entitled an act to authorize Albert Hyer, a
minor, to contract and be contracted with,
Was read a third time and put upon its passage, upon which the
vote was:
Yeas-Messrs. Broxson, Clyatt, Davidson, Evans, Kenan, Leigh,
McKinnon, Pope, Robinson, Smith and Starke-11.
Nays-Mr. Speaker, Messrs. Barrett, Bird, Bissell, Brevard, Brin.
son, Campbell, Christie, Church, Erwin, Frink, Gettis, tillis, Heer-
mans, Hughey, Hunt, Ingram, Maloney, Manning, McCrary, Mc-
Neill, Mickler, Munn, Nicks, Peacock, Richardson, Roberts, Vogt,
Whitfield, W;..-i... Williams and Yon-32.
So said bill was lost.
Ordered that the same be certified to the Senate.
A bill to be entitled an act for the relief of Alexander Douglas,
Peter C. Wilkins and Kenneth McCaskill,
Was read the first time and ordered for a second reading on to-
morrow.
A bill to be entitled an act to incorporate the town of Madison,
Was read the second time, and on motion of Mr. Pope referred to
the Committee on Corporations.
A bill to be entitled an act to authorize John H. Baker to build a
toll bridge across Withlacoochee river, at or near Bellville, on said
River,
Was read the first time and ordered for a second reading on to-
morrow.
A bill to be entitled an act to prevent citizens from other States
from fishing in Lakes lamonia and Miccosukie,
Was read the first time and ordered for a second reading on to-
morrow.
A bill to be entitled an act in relation to Chancery Practice,
Was read the first time and ordered for a second reading on to-
morrow.
A resolution for the relief of John W. Johnston and William W.
Slone,
Was read the first time.
On motion of Mr. Gillis, the rule was waived, and said resolution
read a second time by its title.
Mr. Ingrami moved that the resolution be referred to the Commit-
tee on Finance and Public Accounts;
Which motion was lost.
On motion of Mr. Gillis, the rule was waived and the resolution
read a third time by its title and put upon it' passage, upon which
the vote was:
Y...-.:--':1. Speaker, Messrs. Barrett, Bird, Bissell, Brevard, Brin-
son, Broxson, Campbell, Christie, Church, Clyatt, Coffee, Davidsoi,
Erwin, Evans, Frink, Gettis, Gillis, Ilcermans, Hughey, Hunt, Kee-
nan, Leigh, Maloney, McCrary, McKinnon, i' .l: '.iil, Micklor, Mnnn,

80

Nicks, Pope, Richardson, Roberts, Smith, Starke, Vogt, Whitfield,
Wiggins; Williams of Leon and Yon-40
Nays-Messrs. Ingram and Robinson-2.
So the Resolution was adopted.
Ordered that the same be certified to the Senate.
On motion of Mr. Barrett, the rule was waived, and he was per-
mitted to present the following report:
The Select Committee to whom was referred the bill providing
for the erection of a new County from Duval, to be called Clay
County, beg leave to
REPORT:
That they have had the same under consideration, and would re-
commend that said bill do pass.
Respectfully submitted,
F. C. BARRETT, Chairman.
GEO. WHITFIELD,
JOHN G. SMITH,
TILLMAN INGRAM.
Which was read and the bill placed among the orders of the day,
A bill to be entitled an act to provide for the increase of the sala-
ries of the several Judges of the Circuit Courts,
Was read the second time, and, on motion of Mr. Williams, re-
ferred to the Committee on the Judiciary.
Mr. Ingram moved that 80 copies of the bill be printed;
Which motion was carried.
Senate resolution calling the attention of the General Government
to the feasibility of laying a telegraph wire between and from Ber-
muda and Fayal Islands in the Atlantic Ocean to the respective
coasts of Europe and America, with a view to connecting the
Southern States directly with Europe,
Was read the second time and ordered for a third reading on to-
morrow.
A bill to be entitled an act for the relief of Dr, Samuel B. Todd,
Was read the second time, and, on motion of Mr. Munn, said bill
was referred to the Committee on Claims.
A bill to be entitled an act for the relief of .Columbus R. Alexan-
der,
Was read the first time and ordered for a second reading on to-
morrow.
A bill to be entitled an act to divide the county of Duval and to
"organize a new county to be called Clay county,
Was read the second time.
Mr. Gillis offered the following amendment, to be inserted at the
end of Section 1st:
Provided nothing herein contained shall interfere with the boun-
daries of Putnam county as heretofore established."

Which was adopted.
On motion, the House adjourned until to-morrow, 10 o'clock,
A. M.

SATURDAY, December 4th, 1858.

The House met pursuant. to adjournment-a quorum present.
The Rev. Mr. Branch officiated as Chaplain.
The Journal of yesterday's proceedings was read, amended and
approved.
On motion of Mr. Bird, Mr. Manning was granted leave of ab,
sence until Monday, 10 o'clock, A. I.
Mr. Williams asked leave to withdraw the notice given by him
previously, of intention to introduce a bill to be entitled an act for
t he protection of Mechanics against the interference of Slave labor;
Which request was granted.
Mr. Erwin moved to reconsider the bill entitled an act to author-
ize Albert Hyer, a minor, to contract and be contracted with, which
bill was lost on yesterday;
Which motion was lost.
Notice was given of intention to introduce the following bills at
some future day, viz:
By Mr. Robinson :
A bill to be entitled an act amendatory of the act of 1845 con-
eerning roads and highways.
By Mr. Davidson :
A bill to be entitled an act to amend the Attachment laws in this
State.
Mr. W-\ ;_i., pursuant to previous notice, introduced a bill to be
entitled an act to alter the Constitution of this State; which was
ordered to be placed among the orders of the day.
Mr. McNcill, pursuant to previous notice, introduced a bill to be
entitled an act more definitely to establish the limits and boundaries
of Monroe and Manatee Counties ;'
Which was ordered to be placed among the orders of the day.
Mr. Maloney presented a memorial from Christian Bove, and
others of Monroe County asking relief as securities on the bond of
Robert Clark, late Sheriff of said county;
Which was read.
On motion of Mr. Barrett, the memorial was referred to a'seleet
committee of three, consisting of Messrs. Barrett, Bissell and Bre-
yard.
Mr. Ingram offered the following resolution:
Resolved, That the Trustees of the Internal Improvement Fund
be requested to furnish the House with copies of any letters which
ll

*82

may have been received by them from any of the officers or agents
of the Florida Railroad Company, in reference to the report made to
them by John Bradford,
Which was read.
Mr. Williams moved to amend by striking out the words "any
letters which may have been received by them," and insert in lieu
thereof" any letters which are officially in their possession."
Which motion was agreed to and the resolution as amended adop-
ted.
Mr. Gettis, from the Committee on the Judiciary, made the follow-
ing report:
The Committee on the Judiciary, to whom was referred a bill to
be entitled an Act to amend an act in relation to Evidence, instruct
me to report that they have had the same under consideration and
recommend that it do not pass.
JAMES GETTIS, Chairman.
Which was read and the bill placed among the orders of the day.
Also the following:
The Committee on the Judiciary, to whom was referred a bi!l to be
entitled an Act to amend the Divorce Law, have had the same under
consideration and direct me to report that in their opinion the said
bill should not pass.
JAMES GETTIS, Chairman.
Which was read and the bill placed among the orders of the day.
Mr. Gillis, from the same Committee, made the following minority
report:
I dissent from the majority report, because it virtually sustains
our laws of Divorce, which, in many respects, are deemed injurious
to good morals and public policy.
C. GILLIS.
Which was read.
Mr, Vogt, from the Committee on Engrossed Bills, made the fol-
lowing report:
The Committee on Engrossed Bills report the following bill as
correctly engrossed, viz:
A bill to be entitled an Act to divide the County of Duval and or-
ganize a new County to be called Clay county.
D. A. VOGT, Chairman.
Which was read.
The following message was received from the Senate:
SENATE CHAMBER,
Tallahassee, December 3, 1858.
Hlon. Speaker of the House of Representatives :
Sir: The Senate has this day'passed the following bills:
An act to create and organize the counties of Suwannee and New
River;

83

A bill to be entitled an act to repeal an act establishing election
precincts in Putnam county;
An Act concerning Evidence;
An act to authorize actions at law to be instituted upon all notes
and contracts executed by married women ;
An act to authorize Wm. McRae to trade free from taxation in
this State;
An act to repeal an act entitled an act to amend the road law
applicable to the county of Duval, approved December 15th, 1856,
and,
An act to authorize Aden Eleazer Waterman, a minor, to contract
and be contracted with. Very respectfully,
J. E. BOWDEN,
Sec'y of Senate.

Which was read, and the House bills which had passed the Sen-
ate ordered to be enrolled, and the Senate bills placed among the
orders of the day.
The following message was received from the Senate:

SENATE CHAMBER, Dec. 3, 1858.
lion. Speaker of House of Representatives :
SiR: The Senate has this day passed the following amendment to
the bill to be entitled an act for the relief of Putnam county, by
striking out the word six, in section 2, and insert eight.
Very respectfully,
JAMES E. BOWDEN,
Secretary of the Senate.

Which was read, and on motion of Mr. Maloney, the amendment
of the Senate was concurred in.
Ordered that the same be certified to the Senate and that the bill
be enrolled.
Also the following:
SENATE CHAMBER, Dec. 3, 1858.
Hon. Speaker of the House of Representatives:
Sin: The Senate has this day passed the following resolution:
Resolution for the relief of Benj. F. .Allen.
Very respectfully,
J. E. BOWDEN,
Secretary of Senate.

Which was read and the resolution placed among the orders of
the day.
Also the following:

SENATE CIAIBTER,
TALLAHASSEE, Dec. 3, 1858.
Hon. Speaker of the
House of Representatives:
SIR: The Senate has this day ordered the enclosed memorial to
be referred to your honorable body.
Very Respectfully,
J. E. BOWDEN,
Secretary of the Senate.
Which was read.

ORDERS OF THE DAY.

A bill to be entitled an act granting a charter for the Cowford
Ferry at Jacksonville, Duval county, to William A. Young,
Was read the third time and put upon its passage, upon which the
vote was:
Yeas-Mr. Speaker, Messrs. Barrett, Bird, Bissell, Brevard, Brin-
son, Broxson, Campbell, Christie, Chnich, Clyatt, Coffee, Davidson,
Erwin, Evans, Frink, Gettis, Gillis, Ileermans, Hunt, Ingram, Leigh,
Maloney, McKinnon, McNeill, Mickler, PlAnn, Nicks, Peacock,
Roberts, Robinson, Smith, Starke, Vogt, Whitfield, Wiggins, Wil-
liams and Yon-38.
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 for the relief of Columbus R. Alexan.
der,
Was read the second time and on motion of Mr. Nicks, referred
to the Committee on Claims.
A bill to be entitled an act to prevent citizens of other States from
fishing in Lakes lamonia and Miccosukie,
Was read the second time and on motion of Mr. Gettis, was re-
ferred to the Committee on the Judiciary.
A bill to be entitled an act in relation to Chancery Practice,
Was read the first time, and, on motion of Mr. Munn, referred to
the Committee on the Judiciary.
A bill to be entitled an act to authorize John H. Baker to build a
Toll-Bridge across the Withlacoochie river, at or near Bellville on
said river,
Was read the second time.
On motion of Mr. Church, the bill was referred to a Select Com.
mittee of three.
The Speaker announced the following gentlemen as constituting
said Committee, viz: Messrs. Church, Coflbe and Pope.
On motion of Mr. Frink, Mr. Roberts was added to said Commit.
tee,

A bill to be entitled an act for the relief of Alexander Douglas
and others,
Was read the second time and ordered to be engrossed for a third
reading on Monday.
Senate resolution calling tlhe attention of the General Government
to the feasibility of laying a telegraph wire between and from Ber-
muda and Fayal Islands, in the Atlantic Ocean, to the respective
coasts of Europe and Anierica, with a view to connecting the
Southern States directly with Europe,
Was read a third time and put upon its passage, upon which the
vote was:
Yeas-Mr. Speaker, Messrs. Barrett, Bissell, Brevard, Brinson,
Broxson. Campbell, Church, Clyatt, Davidson, Erwin, Evans, Frink,
Gettis, Heermans,. Hunt, Ingram, Leigh, Maloney, McCrary, Me.
Kinnon, McNeill, Alunn, Nicks, Peacock, Roberts, Smith, Starke,
Vegt, Whitfield, WiM.- ;,-. Williams and You-33.
Nays-Messrs. (_'.I h.- and Robinson-2.
So the resolution passed-title as stated.
Ordered that the same be certified to the Senate.
A bill to be entitled an act concerning Evidence,
Was read a second time and ordered to be engrossed for a third
reading on Monday.
A bill to be entitled an act to divide Duval County and organize
a new county to be called Clay County,
Was read a third time, and on motion of Mr. Davidson the fur-
ther consideration of the bill was postponed until Monday.
A bill to be entitled an act to amend the Divorce law,
Was read a second time and ordered to be Engrossed for a third
reading on Monday.
Senate bill to be entitled an act to create and organize the Coun-
ties of Suwannee and New River,
Was read the first time.
Mr. Williams moved that the rule be waived, and the bill be read
a second time by its title;
Which motion was lost.
The bill was then ordered for a second reading on Monday.
Senate bill to be entitled an act to authorize William McRae to
trade free from taxation in this State,
Was read the first time and ordered for a second reading on Mon-
day.
Senate bill to be entitled an act concerning Evidence,
Was read the first time and ordered for a second reading on Mon-
day.
Senate bill to be entitled an act to authorize actions at law to be
instituted upon all notes and contracts executed ,by married women,
Was read the first time and ordered for a second reading on
Monday.

8C

Senate resolution for the relief of B. F. Allen,
Was read the first time.
Mr. Brevard moved that the rule be waived and the bill be read a
second time by its title,
Which motion was carried, and the resolution read a second time
by its title.
Mr. Brevard moved that the rule be waived and the bill be read a
a third time by its title,
Which motion was carried.
Thereupon the resolution was read a third time by its title, and
put upon its passage, upon which the yeas and nays were as fol-
lows:
Yeas-Mr. Speaker, Messrs. Barrett, Bissell, Brevard, Brinson,
Broxson, Campbell, Church, Clyatt, Coffee, Erwin, Evans, Frink,
Gettis, Gillis, Heermans, Hunt, Ingram, Leigh, McCrary, McKinnon,
McNeill, Munn, Nicks, Peacock, Roberts, Robinson, Smith, Starke,
"Vogt, Wiggins, Williams and Yon-33.
Nays-None.
So the resolution passed-title as stated.
Ordered that the same be certified to the Senate.
On motion the House adjourned until Monday, 10 o'clock, A. M.

MONDA i, December 6th, 1358.

The Ho3sa met pursuant to adjournment-a quorum present.
The R13. Mr. Branch officiated as Chaplain.
SThe journal of Saturday's proceedings was read and approved.
Mr. Mickler moved that certain papers relating to the Picolata
and St. Augustine Railroad be referred to the Committee on Corpo-
rations;
Which motion was adopted.
Notice was given of intention to introduce the following bills at
some future day, viz:
By Mr. Gettis:
A bill to be entitled an act to allow Solicitors fees in certain
cases.
By Mr. Evans:
A bill to be entitled an act to amend an act entitled an act to
amend an act entitled an act to allow owners and captains of boats
to'peddle on the Choctawhatchy river, approved January 8th, 1853.
By Mr. Leigh:
A bill to be entitled an act to amend the Road Laws so' far as re-
lales to Santa Rosa county.
Mr. Galbraith, pursuant to previous notice, introduced a bill to be

entitled an act to provide for the appointment of Weighers of Cot-
ton;
Which was ordered to be placed among the orders of the day.
Mr. Galbraith presented the petition of Otis Fairbanks, asking
compensation for certain work alleged to have been done by him, in
the year 1852. in and about the Capitol of this State;
Which was read and on motion referred to the Committee on
Propositions and Grievances.
Mr. Brevard offered the following resolution:
WVIIEEA-, His Excellency the Governor, in his message to the Gen-
eral Assembly, refers to papers in the possession of the President
of the Board of Trustees of the Internal Improvement Fund, throw-
ing light upon the matters discussed in connection with our Inter-
nal Improvement System: AND WHIEREAS, All such information
should be laid before the General Assembly for their enlightened
action ; Therefore-
Be it resolved, That the President of the Board of Trustees of the
Internal Improvement Fund be, and he is hereby requested, to fur-
nish to this body the evidence upon which the suggestions in his
message are based relative to the Florida Railroad Company, togeth-
er with all the certificates, affidavits and evidence of every character
(including the letters called for in last Saturday's resolution.)
Which was read and adopted.
Mr. Williams introduced a resolution asking Congress to make
the U. S. Arsenal at Chattahoochee an Arsenal of Construction,
Which was received and placed among the orders of the day.
Mr. McNeill introduced a resolution asking Congress to establish
a Mail Route;
Which was received and placed among the orders of the day.
Mr. Pope introduced a resolution asking that the reservation by
the General Government of the Timber on large districts of public
land within the limits of this State be annulled;
Which was received and placed among the orders of the day.
iMr. Robinson, from the Committee on Enrolled Bills, made the
following report:
The Committee on Enrolled Bills report the following bills as be-
Sing correctly enrolled:
A bill.to be entitled an act to repeal an act establishing election
precincts in Putnam county;
A bill to be entitled an act to authorise Aden Eleazer Waterman,
a minor, to contract and be contracted with;
An act to repeal an act entitled ian act to amend the road law ap-
plicable to the county of Duval, approved Dec. 15, 1856.
ISAAC C. ROBINSON, Chairman,
Which was read.
Mr. Vogt, from the Committee on Engrossed Bills, made the fol-
lowing report:

88

The Committee on Engrossed Bills report the following bills as
correctly engrossed, viz:
A bll to be entitled an act for the relief of Alexander Douglas and
others;
"A bill to be entitled an act to amend the Divorce Law;
"A bill to be entitled an act to amend an act in relation to Evi-
denc. D. A. VOGT, Chairman.
Which was read.
Mr. Ingram, from the Committee on Corporations, made the fol-
lowing report:
The Committee on Corporations to whom was referred a bill to
be entitled an act to incorporate a company to construct a Railroad
from a point on the Florida Railroad in East Florida to Tampa Bay,
under the style of the Florida Peninsula Railroad Company, have
had the same under consideration, and a majority of said Committee
have instructed me their Chairman to report the bill back to the
House and respectfully recommend that the bill do pass without any
amendment.
TILLMAN INGRAM, Chairman.
Which was read and the bill placed among the orders of the day.
Mr. Ingram, from tho same Committee, made the following mi-
nority report:
I, the undersigned, a minority of the Committee on Corporations,
have had under consideration a bill to be entitled an act to in-
corporate a company to construct a Railroad from a point on the
Florida Railroad in East Florida to Tampa Bay, under the style of
the Florida Peninsula Railroad Company, and beg leave to submit
the following minority
REPORT:
That as the bill now stands, a conflict might arise between the
Florida Peninsula Railroad Company and the Florida Railroad Com-
pany, as to the respective rights, powers and privileges of the two
companies, the effect of which would certainly be to delay, if not
altogether to prevent the construction of any, Railroad between the
waters of Tampa Bay and the Florida Railroad. By an amendment
to the charter of the Florida Railroad, approved December 14th, 1855,
said Railroad Company is expressly authorised to construct the Rail-
road from Amelia Island on the Atlantic, to the waters of Tampa
Bay in South,Florida, under the provisions of an act to provide for
and encourage a liberal system of Internal Improvements in this
State, approved the 6th day of January, A. D., 1855.
By the 20th section of said act to encourage a liberal system of
Internal Improvements, it is provided that after the routes indicated
have been actually surveyed and adopted, and a plat thereof deposi-
ted in the office of the Secretary of State, it shall not be lawful for
any other Railroad to be built, cut or constructed, "in any way or

manner, or by any authority whatsoever, running latterly within,
twenty-five miles of the route so adopted, unless by the said Compa-,
ny, or with the consent of the Trustees of the Internal Improvement
fund, and a majority of the stockholders at an annual meeting on a
stock vote."
The second section of the bill under consideration wholly ignores,
these two provisions of an existing charter, and of a law which is
believed by probably a large majority of those who have studied its
provisions, to have conferred vested rights, and therefore to be in
nature irrevocable, and authorizes the new company to build a
Railroad from some point on the Florida Railroad to the waters of
Tampa Bay, under which general provision the new Company might
build a Railroad parallel with the FloriHda Railroad, and within a mile
of it, from Fernandina to Tampa, a poAwer which it is apprehended
the applicants for the charter do, not desire, and which the Legisla-.
ture clearly ought not to grant. The Florida Railroad have not on-
ly already completed mpre than. 80 miles of Railroad from Amelia
Island in the direction of Tampa Bay, but have also placed under
contract ;i, ;:,.l.; ;,,i..al section of forty miles in the same direction,
.upon which there is now at work a force of over one hundred hands
which the contractors are daily increasing. This section of forty
miles which is thus actively in the course of construction, covers the.
Florida Railroad as far south as the dividing 1,ipe between townships
fourteen and, fifteen, in the vicinity of Ocrila, and so soon as the
survey thereof is deposited in the office of the Secretary of State,
which would certainly be dope long prior to any organization under
the new charter now under consideration, it would bp absolutely il.
legal for the Florida Peninsula Railroad Company to connect with
the Florida Railroad at any point other than this, their extreme
southern, point in the direction of Tampa.
In view of these considerations, and presuming that the object of
the :iI'':.: inks for their cnt of incorporation is to facilitate the,
further extension of the road to Tampa, and not to defeat or throw
obstacles in the xway of the construction, of that portion now actually
being built, the following amendments are recommended, viz:
Strike out the whole of second section, and, in lieu thereof, adopt
the following:
SEC. 2. Be it further enacted, That the said Railroad shall com-
mence at some point on, the waters of Tampa Bay and run in the
most eligible direction, to be'determined by some competent engi-
neers, with the approval of a majority of the Directors of said Com-
pany, to the Florida Railroad, at a point to be agreed upon between
the Florida Railroad Company and the said Florida Peninsular
Railroad Company; or, in the event said companies are unable to,
agree to a point on said Florida Railroad, then to be designated by,
the Trustees of the Internal Improvement Fund.
12

90

Also add the following additional sections:
SEc. 18. Be it further enacted, That nothing herein contained
shall be so construed as to defeat, destroy or in any manner impair
the rights of any other company, or to conflict with the 20th section
of the act approved January 6th, 1855, entitled "An act to provide
for and encourage a liberal system of internal improvements in this
State," nor to prevent the Florida Railroad Company from continue.
ing to construct their road in the direction of Tampa under the pro-
visions of the amended charter, approved December 14th, 1855.
Suc. 19. Be it further enacted, That the said Florida Peninsula
Railroad Company may commence their work at either or both of
their terminii so soon as they are determined.
With these amendments, it is recommended that the bill do pass--
without them, that it be rejected.
TILLMAN INGRAM, Chairman.
Which was read.
Mr. Christie, from the Committee on Propositions and Grievances,
made the following report:
The Committee on Propositions and Grievances to whom was re-
ferred the Memorial of William New and 26 others, representing.
themselves to be inhabitants of the county of Brevard, asking that
the guarantees of the Constitution of this State might be extended
to them, in order that they may be protected against the violence of
so called Banditti, have instructed me to

REPORT:
That the State has already extended to said memorialists, in com-
mon with the other citizens of the State, that protection, which the
Executive, Legislative, and Judicial departments of the government
are capable of conferring.
In addition to which the memorialists now have the right by the
21st section of the first article of the Constitution, to keep and bear
arms for their common defence.
The committee have further instructed me to ask that they be dis-
charged from the further consideration of the subject
Respectfully submitted,
JOSEPH B. CHRISTIE, Ch'm.
Which was read.
Mr. Heermans moved that the report be laid on ithe table;
Which motion was lost.,
Mr. Maloney moved that the report ba concurred in;
Which motion was carried.
Mr. Ingram, from the Committee on Corporations, made the fol-
lowing report:
The Committee on Corporations, to whom was referred a bill to
be entitled an act to incorporate the town of Madison, report that

91

they have had the same under consideration and recommend that the
bill do pass.
TILLMAN INGRAM, Chairman.
Which was read, and the bill placed among the orders of the day.

ORDERS OF THE DAY.

Senate bill to be entitled an act to authorise actions at law to be
instituted upon all notes and contracts executed by married women,
Was read a second time, and on motion, referred to the Commit-
tee on the Judiciary.
Senate bill to be entitled an act to authorize William McRae to
trade free from taxation in this State,
Was read a second time and ordered for a third reading on to-
morrow.
Senate bill to. be entitled an act concerning Evidence,
Was read a second time, and on motion, referred to the Commit.
tee on the Judiciary.
A bill to be entitled an eat more definitely to establish the limits
and boundaries of Monroe and Manatee counties,
Was retad tle lii'st time.
On motion of Mr. Williams, the rule was waived and the bill read
a second time by its title.
Mr. Heermans moved that 80 copies thereof be printed for the use
of the House,
Which motion was lost.
The bill was then ordered to be engrossed for a third reading on
to-imol row.
Resolution asking that the reservation by the General Govern-
ment of the Timber on large districts of public land within the lim-
its of this State be annulled,
Was read the first time and ordered for a second reading on to.
mIorrow.
On motion of Mr. Hughey, the rule was waived and he allowed
to introduce, without previous notice, a bill to be entitled an act ex-
planatory of an act to organize the county of Vulusia, approved De-
cember 29th, 1854;
.Which was placed among the orders of the day.
On motion of Mr. Barrett, the rule was waived and he allowed,
according to previous notice, to introduce a bill to be entitled an act
to authorize Elizabeth Bauthlow to sell the real estate of Ephraim
SGiinan, deceased, of Marion county;
Which wais placed among the orders of the day.
Senate bill to be entitled an act to create and organize the count.
ties of Suwannee and New River,
Was read a second time.
On motion of Mr. Barrett, said bill was referred to a select com-

92

'mittee of five, consisting of Messrs. Barr6tt, Peacock, Bird, Wil-
liams and Brevard.
A bill to be entitled an act'to alter the Constitution of this State,
Was read a first time and ordered to be read a second time on to-
morrow.
A bill to be entitled an actto divide the county of Duval and or-
ganize a new county to be called Clay County,
Was read a third time and put upon its passage, upon which the
vote was:
Yeas-Mr. Speaker, Messrs. Barrett, Bird, Brinson, Broxson,
Campbell,'Christie, Church, Clyatt, Coffee, Erwin, Evans, Frink,
Gettis, Hughey, Hunt, Ingram, Leigh, Manning, McCrary, McKin-
non, McNeill, ,Iickler, Munn, Nicks, Peacock, Kichardson, Roberts,
Robinson, Smith, Starke, Vogt, Whitfield, Wiggins, Williams of Le-
on and Yon-36.
Nays-None.
So the bill passed-title as stated.
'Ordered that the same be'certified to the Senate.
On motion of Mr. Gettis,'the rule was waived uad he allowed to
move that Mr. Nicks have leave of absence for the remainder of the
week; ,
Which'rnlbibn was carried and the leave granted.
A bill to be entitled an act to provide for the appointment of
weighers of cotton,
Was read a first time and ordered for a second 'reading on to-
morrow.
A bill to be entitled ah act to incorporate the town of Madison;
Was read a third time and put upon its passage, upon which the
vote was:
Yeas-Mr. Speaker, Messrs. Barrett, Bird, Brinson, Broxson,
'Campbell, Christie, Church, Clyatt, Coffee, Erwin, Evans, Frink,
Gettis, Gillis, Hughey, Hunt, Ingram, Leigh, Manning, McCrary,
McKinnon, IMNeill, Mickler, Nicks, Peacock, Richardson, Roberts,
Robinson, Smith, Starke, Vogt, Whitfield, Wiggins, Williams of
"-Leon and Yon-36.
Nays-None.
So the bill passed, having received a constitutional majority-title
as stated.
Ordered that the same be certified to the Senate.
A bill to be entitled in act to incorporate a company to construct
a railroad from a point on the Florida Railroad,in East Florida, to
Tampa Bay, under the style of the Florida Peninsula Railroad
Company,
Came up on its third reading.
On motion of Mr. Whitfield, the bill was laid on the table until
'tomorrow, to be made the special order for that day.
*A bill to be entitled an act to amend-the Divorce-Law,

93

Was read a third tiriie and put upon its passage.
Mr. Barrett asked to be excused from voting,
Which was refused.
The following was the vote on the passage of the bill:
Yeas-Messrs. Brinson, Gillis and Smith-3.
Nays-Mr. Speaker, Messrs. Barrett, Bird, Brevard, Broxsoni
'Campbell, Church, Clyatt, Coffee, Erwin, Evans, Frink, Gettis,
Hughey, Hunt, Ingram, Leigh, Malbney, Manning, McCrary, Mc-
Neill, Mickler, Munn, Nicks, Peacock, Pope, Richardson, Roberts,
Robinson, Starke, Vogt, Whitfield, Wiggins, Williams of Leon' and
Yon-36.
So the bill was rejected.
A bill to be entitled an act to amend an act in relation to Evi-
dence,
Was read a third time and put upon its passage,'upon which the
vote was:
Yeas-Messrs. Gillis and Maloney-2.
Nays-Mr. Speaker, Messrs. Barrett, Bird, Brevard, Brinson,
Broxson, Campbell, Church, Clyatt, Coffee, Erwin, Evans, Frink,
Gettis, Hughey, Hunt, Ingram, Leigh, Manning, McCrary, McKin-
Dnon, McNeill, Mickler, Munn, Nicks, Peacock, Pope, Richardson,
Roberts, Robinson, Smith, Starke, Vogt, Whitfield, Wiggins, WiL
liams of Leon and Yon-37.
So the bill was rejected.
A bill to be entitled an act for the relief of Alexander Douglas
and others therein mentioned,
Was read a third time and put upon its passage.
Mr. Williams asked to be excused from voting,
Which was refused.
Mr. Pope also asked to be excused from voting,
Which was refused.
Thd vote on- the passage of said bill was as follows:
Yeas-Mr. Speaker, Messrs. Barrett, Bird, Bissell, Brevard, Brin-
"son, Broxson, Campbell, Christie, Church, Clyatt, Coffee, Erwin,
Evans, Frink, Gettis, Gillis, Hughey, Hunt, Ingram, Leigh, Maloney,
Manning, McCrary, McKinnon, McNeill, Mickler, Munn, Nicks,
Peacock, Richardson, Roberts, Robinson, Smith, Starke, Vogt,
Whitfield, Wiggins and Yon-39.
Nays-Messrs. Pope and Williams of Leon-2.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
A bill to be entitled an act explanatory of an act to organize the
county of Volusia, approved Dec. 29th, 1854,
Was read the first time and ordered for a second reading on to.
morrow.
A bill to be entitled an act to authorize Elizabeth Barthlow to sell
'the real Estate of Ephraim Guinan, deceased, of Marion county,

I

94

Was read the first time and ordered for a second reading on to-
morrow.
A resolution asking Congress to establish a mail route,
Was read the first time, and, the rule being waived, read a second
time by its title, and ordered to be engrossed for a third reading on
to-morrow.
Resolution asking that the Apalachicola Arsenal be made an Ar-
senal of Construction,
Was read the first time and ordered for a second reading on to-
morrow.
On motion the House adjourned until to-morrow 10 o'clock, A. M.

TUESDAY, December 7th, 1858.

The House met pursuant to adjournment-a quorum present.
The Rev. Mr. Branch officiated as Chaplain.
The journal of yesterday's proceedings was read, corrected and
approved.
Notice was given of intention to introduce the following bills at
some future day, viz:
By Mr. Barrett:
A bill to be entitled an act in relation to Quarantine for the town
of Jacksonville.
By Mr. Bird:
A bill to be entitled an act to require Judges of Probate and
Justices of the Peace to give bond for the faithful discharge of their
several duties.
By Mr. Yon:
A bill to be entitled an act to separate the offices of Sherif, Tax
Assessor and Collector in and for the county of Calhbun; and,'
A bill to be entitled an act to fix the compensation of the County
Commissioners of Calhoun county.
By Mr. Evans:
A bill to be entitled an act to fix the time of holding the Probate
Courts in the several counties in this State.
By Mr. Smith:
A bill to be entitled an act to amend an act to secure -the pay-
ment of Magistrates, and other officers' fees'in criminal prosecutions,
not now provided for by law.
Mr. Gettis, pursuant to previous notice, introduced a bill to be
entitled an act to allow Solicitor's fees in certain cases;
Which was placed among the orders of the day.
Mr. Robinson, pursuant to previous notice, introduced a bill to be
entitled an act to allow Spiritous Liquors to be drank where sold;
Which was placed among the orders of the day.

95

Mr. Maloney, pursuant to previous notice, introduced a bill to be
entitled an act to remove, in part, obstructions to commence at Key
West
Which was placed among the orders of the day.
Mr. Evans, pursuant to previous notice, introduced a bill to be
entitled an act to allow owners, or corn nanders of boats to peddle
on the Choctavwhatchie river, approved January Sth, 1853;
Which was placed among the orders of the day.
Mr. Kenan, pursuant to previous notice, introduced a bill to be
entitled an act to repeal an act entitled au act concerning Licenses
to retail spiritous liquors, approved January 8th, 1853;
Which was placed among the orders of the day.
Mr. Robinson, from the Committee on Enrolled Bills, made the
following report:
The Committee on Enrolled Bills report the following bills as be-
ing correctly enrolled, viz:
A bill to be entitled an act for the relief Putnam county;
A resolution for the relief of John W. Johnston and Wi!liam W.
Slone. ISAAC C. ROBINSON, Chairman.
Which was read.
Mr. Vogt, from the Committee on Engrossed Bills, made the fol.
lowing report:
The Committee on Engrossed Bills report the following bills as
correctly engrossed, viz:
A bill to be entitled an act more definitely to establish the limits
and boundaries of Monroe and Manatee counties;
A bill to be entitled an act to incorporate the town of Madison';
Also a resolution asking Congress to establish a mail route.
D. A. VOGT, Chairman.
Which was read.
Mr. Gettis, from the Committee on the Judiciary, made the fol-
lowing report:
The Committee on Judiciary to whom was referred a bill entitled
an act to provide for the increase of the salaries of the several
Judges of the Circuit Courts, have had the same under considera-
tion and instruct me.to report, that in their opinion the words thir-
tyfive, in the sixth line of the first section of the bill, should be strick-
en out and the words twenty-five inserted instead thereof; and that
the second section of said bill should be stricken out, and with these
amendments, they recommend that the bill pass.
JAMES GETTIS, Chairman.
Which was read, and the accompanying bill placed among the
orders of the day.
Mr. Gettis, from the Committee on the Judiciary, made the fol.
lowing report:
The Committee on the Judiciary, to whom was referred a bill to
be entitled an act to amend section one, clause two, of the Aattach-

96.

ment Laws of this State, approved February 15th,,1834, have had
the same nnder consideration and instruct me to

REPORT,
That the said bill doesn't alter the Attachment Law as it ndw
stands, and therefore. recommend that it do not pass..
JAMES GETTIS, Chairman.
Which was read, apd the accompanying bill placed among the
orders of the day.
Mr. Geltis, from the Committee on the Judiciary, made the fol-
lowing report:
The Committee on. Judiciary to whom was referred a,bill entitled
an act to authorize Dnpiel B. Coker to build a Toll Bridge across.
the Santa Fe River, have had the same under consideration, and in-
struct me to
REPORT,
That by an act approved the 27th of December, 1856, the Coun-
ty Commissioners have full.power to grant charters to persons for
a period of ten years, for the purpose of constructing Toll Bridges;
therefore it is the opinion of your committee thai Mr. Coher can ap-
ply to the County Commissioners of his county for a charter, and
that the bill should not pass.
JAMES GETTIS, Chairman.
Which was read, and the accompanying bill placed among the,
orders of the day.
Mr. Barrett, from the Select. Committee to whom was referred,
the Senate bill to be entitled an act to create and organize the coun-
ties of Suwannee and New River, made the following report:
The Select Committee, to whom was referred the bill entitled
" An Act to create and organize the counties of Suwannee and New,
River," beg leave to
REPORT:-

That they have had the same under consideration and recommend;
that the bill do, pass.
Respectfully submitted,
F. C. BARRETT, Ch'm.
R. C. WILLIAMS,
D. B. BIRD.
Which was read and. the accompanying bill placed among the.
orders of the day.
The following message was received from the Senate:

97.

SENATE CHAMBER,
Tallahassee, December 6, -1858.
lion. J. B. GALBRAITII,
Speaker of the House of Representatives:
SIn: The Senate has passed the enclosed bill entitled "a bill tod
be entitled an act to amend an act approved December 22, 1854,
entitled an act to amend an act to provide for the payment of Jurors
and State Witnesses," approved January 8th, 1848.
Respectfully,
JAMES E. BOWDEN,
Secretary of Senate.
Which was read and the bill placed among the orders of the day.
Also the following:
SENATE CIIAMIBE, Dec. 6th, 1858.
Hon. J. B. GALBRIAITII,
Speaker of the House of Representatives:
SIn: I transmit herewith,,a bill to be entitled an act amending
the Charter of the City of Pensacola for the purpose of extending-
the powers of the City to aid in the construction of the Alabama &
Florida Railroad in Florida, passed by the Senate on Friday;.
Also a bill to be entitled an act to authorize the several Judges
of the Circuit Courts of this State to hold extra terms whenever in.
their opinion the public interests may require' the same, passed this
day. Respectfully,,
JAMES E. BOWDEN,
Secretary of Senate.
Which was read, and the bills placed among the orders of the-
day.
Also the following:
SENATE CIAMBER, Dec. 6th, 1858..
Hon. J. B. GALBRAITII,
Speaker of the House of Representatives:
Sm: The Senate has this day passed the following bills, viz:
A bill to be entitled an act for the relief and protection of persons
engaged in the log and lumber business in this State;
"A bill to be entitled an act to divide Duval County, and organize
a new County to be called Clay County;
House bill to be entitled an act for the relief of Winm. Lowe, Tax
Assessor and Collector of Monroo County ;
A bill to be entitled an act to define false swearing and punishing
the same;
House bill to be entitled an act to change the name of Antonia
Wallace to Antonia Crespo;
House bill entitled an act.to legitimize Win. Robert.
13

98

Also the following resolution:
Joint Resolution in relation to fractional sections on the Stato-
line.
Respectfully,
JAMES E. BOWDEN,
Secretary of Senate.
Which was read, and the House bills which had passed the Sen-
ate ordered to be enrolled, and the Senate bills and resolution
placed among the orders of the day.
A bill to be entitled an act to incorporate a Company to construct
a Railroad in East Florida to Tampa Bay, under the style of the
Florida Peninsula Railroad Company,
Came up on its second reading.
Mr. Williams moved that the rule be waived and the bill be read;
a second time by its tittle,
Which motion was adopted and said bill read a second time by
its title.
Mr. Vogt moved to amend the second section by inserting in the,
second line after the words "and shall run" to Ocala, Marion Coun.
ty, and thence;"
Which amendment was adopted.
Mr. Gettis moved to amend, by adding after the word" Railroad"
in the second line of the second section, the words within five
miles of the Bellamy Station,"
Which amendment was adopted.
Mr. Vogt moved to amend the eighth section, by filling up the
blank in the second line after the words from a point on the" by
inserting Florida Railroad to Ocala, Marion county, and thence;"
Which andmdment was adopted.
Mr. Gillis moved to "amend by striking out the word and" in
the 10th line, 1st section, after the word Florida, and insert the
words or of in lieu thereof;
Which amendment was adopted.
Mr. Ingram moved to amend by striking out the whole of section
second, and in lieu thereof insert the following:
SEC. 2. Be itifurther enacted, That the said Railroad shall com-
mence at some point on the waters of Tampa Bay and run in the
most eligible direction, to be determined by some competent engi-
neer, with the approval of a majority of the Directors of said Com-
pany, to the Florida Railroad, at a point to be agreed upon between
the Florida Railroad Company and the said Florida Peninsula Rail-
road Company; or, in the event said companies are unable to agree
to a point on said Florida Railroad, then to be designated by the
Trustees of the Internal Improvement Fund;
Which amendment was lost, and the bill ordered to be engrossed.
for a third reading on. to-morrow.

99

"On motion of Mr. Barrett, the rule was waived and he allowed to
:make a motion.
Mr. Barrett moved that Mr. Church be allowed leave of absence
until Monday next;
Which motion was adopted.
Senate bill to be entitled an act to define False Swearing and
punishing the same,
Was read the first time and ordered for a second reading on to-
morrow.
A bill to be entitled an act to provide for the appointment of
Weighers of Cotton,
Was read the second time, and, on motion, referred to the Com.
mittee on the Judiciary.
A bill to be entitled an act explanatory of an act to organize the
county of Volusia, approved December 29th, 1854,
Was read the second time, and, on motion of Mr. Starke, referred
to the following Select Committee, to wit:. Messrs. Starke, Hughey
and Irwin.
Mr. Smith moved that the rule be waived to enable him to make a
motion;
Which motion was adopted.
Mr. Smith thereupon made the following motion:
That a Committee of three be appointed on the part of the
House to confer with a similar Committee on the part of the.Senate
,with regard to the disagreement on the part of the two Houses with
reference to the bill for the division of Duval county;
Which motion was adopted, and Messrs. Smith, Barrett and
Wiggins were appointed on said Committee.
Ordered that the same be certified to the Senate.
Senate bill to be entitled an act to amend section one, clause two,
of the attachment law of this State, approved February 15, 1834,
Was read the second time, and, on motion of Mr. Maloney, was
indefinitely postponed.
Senate bill to be entitled an act to create and organize the coun-
ties of Suwannee and New River,
Was read the second time and ordered for a third reading on to-
morrow.
Resolution in relation to Timber Lands reserved by the General
Government,
Was read the second time, and, on motion of Mr. Pope, referred
to the Committee on State Lands.
Senate bill to;be entitled an act to authorize Daniel B. Coker to
build a Toll Bridge across the Santa Fee river,
Was read a second time and ordered for a third reading on to-
morrow.
A bill to be entitled an act to provide for the increase of.the sala-
.ries of the several Judges of the Circuit Court,

'100

"Was read a second time, and on motion of Mr. Barrett, recommit-
ted to the Judiciary Committee.
'On motion the House adjourned until to-morrow, 10 o'clock, A. Af.

WEDNESDAY, December 8th, 1858.

The House met pursuant to adjournment-a quorum present.
The Rev. Mr. Branch officiated as Chaplain.
,On motion of Mr. Ingrami, the reading of the Journal of yester-
day's proceedings was dispensed with.
Notice was given of intention to introduce the following bills at
some future day, viz:
-By Mr. Davidson:
A bill to be entitled an act to amend an act entitled an act to in-
corporate the Town of Quincy, approved Feb. 12, 1857.
By Mr. Kenan:
A bill to-be entitled an act to exempt certain promissory notes
from taxation, and
A bill to be entitled an act to amend an act in relation to fraudu-
.lent loans in this State.
By Mr. Leigh:
A bill to be entitled an act in relation to collections in the Justice
Courts of Santa Rosa County.
Mr. Davidson, pursuant to previous notice, introduced a bill to be
entitled an act to empower William Hentz, a minor, to assume the
management of his own estate;
Which was ordered to be placed among the orders of the day.
Mr. Smith; pursuant'to previous notice, introduced a bill to be en-
titled an act to amend an act to secure the payment ot Magistrates'
and other Officers' fees in Criminal Prosecutions, not now provided
for by law,;
Which was ordered to be placed among the orders of the day.
Mr. Brevard, pursuant to'previous notice, introduced a bill giving
certain powers to Executors, Administrators and Guardians;
Which was ordered to be placed among the orders of the day.
Mr. Yon, pursuant to previous notice, introduced a bill to be enti-
tled an act to separate the offices of Sheriff, Tax-Assessor and Col-
"lector, in and.for the County of Calhoun.;
Which was ordered to be placed among the orders of the day.
Mr. Speaker presented the following memorial from the Florida
Historical Society :
To the Hon. Speaker of the
House of Representatives of the State of Florida:
"The.memorial of the Florida Historical Society respectfully rep-

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	Title Page
	November 1858
	December 1858
	January 1859
	Documents Accompanying the Governor's...

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