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 November 1859
 December 1859
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mods:title Journal of the proceedings of the Assembly of the State of Florida, at its ... session
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Politics and government
Florida
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Journal of the proceedings of the House of Representatives of the ... General Assembly of the State of Florida, at its ... session
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PDIV2 November Chapter
PDIV3 Monday, SUB1
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PDIV4 Tuesday, 29
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PDIV5 December
PDIV6 Thursday,
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PDIV7 Friday,
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PDIV8 Saturday,
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PDIV11 Wednesday,
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PDIV15
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PDIV24 Appendix
PDIV25 Comptroller's report
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PDIV26 Treasurer's Report
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PDIV27 Attorney General's
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PDIV28 Quartermaster
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PDIV29 Commissioner Indian & St. Johns River Canal
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A Journal of the proceedings of the House of Representatives of the ... General Assembly of the State of Florida, at its...
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Permanent Link: http://ufdc.ufl.edu/UF00027786/00009
 Material Information
Title: A Journal of the proceedings of the House of Representatives of the ... General Assembly of the State of Florida, at its ... session
Portion of title: Journal of proceedings of the House of Representatives of the General Assembly of the State of Florida, at its ... session
Journal
Alternate Title: House journal
Caption title: Journal of the House of Representatives of the State of Florida
Physical Description: v. : ; 23 cm.
Language: English
Creator: Florida -- Legislature. -- House of Representatives
Publisher: s.n.
Place of Publication: S.l
Manufacturer: Floridian Office
Creation Date: November 28, 1859
Publication Date: 1845-
Frequency: annual
regular
 Subjects
Subjects / Keywords: Legislative journals -- Periodicals -- Florida   ( lcsh )
Politics and government -- Periodicals -- Florida   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
serial   ( sobekcm )
 Notes
Dates or Sequential Designation: 1st General Assembly, 1st session (1845)-
General Note: At head of title: House journal.
General Note: Sometimes issued as: Journal of proceedings of the House of Representatives of the General Assembly of the State of Florida.
Funding: Digitized for the Florida House of Representatives, the Office of the Clerk.
 Record Information
Source Institution: University of Florida
Holding Location: Florida House of Representatives. Office of the Clerk.
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: aleph - 003417926
oclc - 12901223
lccn - sn 85065604
System ID: UF00027786:00009
 Related Items
Succeeded by: Journal of the proceedings of the Assembly of the State of Florida, at its ... session

Table of Contents
    Title Page
        Page 1
        Page 2
    November 1859
        Monday, November 28
            Page 3
        Tuesday, November 29
            Page 3
            Page 4
            Page 5
            Page 6
            Page 7
            Page 8
            Page 9
            Page 10
            Page 11
            Page 12
            Page 13
            Page 14
            Page 15
            Page 16
            Page 17
            Page 18
            Page 19
            Page 20
            Page 21
            Page 22
            Page 23
            Page 24
            Page 25
            Page 26
            Page 27
            Page 28
            Page 29
            Page 30
            Page 31
            Page 32
            Page 33
            Page 34
            Page 35
            Page 36
            Page 37
            Page 38
            Page 39
            Page 40
            Page 41
            Page 42
            Page 43
            Page 44
            Page 45
    December 1859
        Thursday, December 1
            Page 46
            Page 47
            Page 48
        Friday, December 2
            Page 49
            Page 50
            Page 51
            Page 52
            Page 53
            Page 54
            Page 55
            Page 56
            Page 57
            Page 58
        Saturday, December 3
            Page 59
            Page 60
            Page 61
            Page 62
            Page 63
            Page 64
        Monday, December 5
            Page 65
            Page 66
            Page 67
            Page 68
            Page 69
            Page 70
        Tuesday, December 6
            Page 71
            Page 72
            Page 73
            Page 74
            Page 75
            Page 76
            Page 77
            Page 78
            Page 79
            Page 80
            Page 81
        Wednesday, December 7
            Page 82
            Page 83
            Page 84
            Page 85
            Page 86
            Page 87
            Page 88
            Page 89
            Page 90
            Page 91
        Thursday, December 8
            Page 92
            Page 93
            Page 94
            Page 95
            Page 96
            Page 97
            Page 98
            Page 99
            Page 100
            Page 101
            Page 102
            Page 103
        Friday, December 9
            Page 104
            Page 105
            Page 106
            Page 107
            Page 108
            Page 109
            Page 110
            Page 111
            Page 112
            Page 113
        Saturday, December 10
            Page 114
            Page 115
            Page 116
            Page 117
            Page 118
            Page 119
            Page 120
            Page 121
            Page 122
            Page 123
            Page 124
            Page 125
        Monday, December 12
            Page 126
            Page 127
            Page 128
            Page 129
            Page 130
            Page 131
            Page 132
            Page 133
            Page 134
            Page 135
            Page 136
            Page 137
            Page 138
            Page 139
            Page 140
            Page 141
        Wednesday, December 14
            Page 142
            Page 143
            Page 144
            Page 145
            Page 146
            Page 147
            Page 148
            Page 149
            Page 150
            Page 151
            Page 152
        Thursday, December 15
            Page 153
            Page 154
            Page 155
            Page 156
            Page 157
            Page 158
            Page 159
            Page 160
            Page 161
            Page 162
            Page 163
        Friday, December 16
            Page 164
            Page 165
            Page 166
            Page 167
            Page 168
            Page 169
            Page 170
            Page 171
            Page 172
            Page 173
            Page 174
        Saturday, December 17
            Page 175
            Page 176
            Page 177
            Page 178
            Page 179
            Page 180
            Page 181
            Page 182
            Page 183
            Page 184
            Page 185
            Page 186
            Page 187
        Monday, December 19
            Page 188
            Page 189
            Page 190
            Page 191
            Page 192
            Page 193
            Page 194
            Page 195
            Page 196
            Page 197
            Page 198
        Tuesday, December 20
            Page 199
            Page 200
            Page 201
            Page 202
            Page 203
            Page 204
            Page 205
            Page 206
            Page 207
            Page 208
            Page 209
            Page 210
            Page 211
            Page 212
            Page 213
        Wednesday, December 21
            Page 214
            Page 215
            Page 216
            Page 217
            Page 218
            Page 219
            Page 220
            Page 221
            Page 222
            Page 223
            Page 224
            Page 225
            Page 226
            Page 227
            Page 228
            Page 229
            Page 230
            Page 231
            Page 232
            Page 233
            Page 234
            Page 235
            Page 236
            Page 237
        Thursday, December 22
            Page 238
            Page 239
            Page 240
            Page 241
            Page 242
            Page 243
            Page 244
            Page 245
            Page 246
            Page 247
            Page 248
            Page 249
            Page 250
            Page 251
            Page 252
            Page 253
            Page 254
    Appendix
        Comptroller's report
            Page 1
            Page 2
        Treasurer's Report
            Page 3
            Page 4
            Page 5
        Attorney General's Report
            Page 6
        Quartermaster General's Report
            Page 7
        Report of the Commissioner of the Indian & St. Johns River Canal
            Page 8
            Page 9
            Page 10
            Page 11
            Page 12
            Page 13
            Page 14
            Page 15
            Page 16
Full Text



HOUSE JOURNAL.

A



OF THIE

HOUSE OF REPRESENTATIVES
OF THE

GENERAL ASSi hli!L
OF THE




AT AN

ADJOURNED SESSION,

BEGUN AND HELD AT THE CAPITOL, IN TInE CITY OF TALL.,-
HASSEE, ON MONDAY, -OVEMBER 28T'r, 1859.





Galatssre :

OFFICE OF THE FLORIDIAN AND Jo.EN.\I.
PRNTED BY DYKE & CRALI5LT,
S1859.
18-59.


















JOURNAL.




MONDAY, November 28th, 1859.

The House of Representatives of the General Assembly of Florida
Smt at 12 o'clock this day, in pursuance of the adjournment of the
two Houses on the 15th of January last.
The roll was called-a quorum not present.
SMr. Barrett presented the credentials of Stephen R. White, mem-
ber elect from the counties of Madison, La Fayette and Taylor, to
supply the vacancy created by the resignation of W. H. Pope.
Whereupon the oath of office was administered to Mr. White by
SF. C. Barnett, Esq., Notary Public.
On motion, the House adjourned until to-morrow morning, 11
"o'clock.



TUESDAY, November 29th, 1859.

The House met pursuant to adjournment.
On calling the roll the following gentlemen answered to their
names, to.wit:
Mr. Speaker, Messrs. Barrett, Bird, Bissell, Brinson, Campbell,
Church, Coffee, Davidson, Erwin, Evans, Frink, Ilughey, Hunt,
Kenan, Manning, Mickler, MAunn, Peacock, Richardson, Robinson,
S Smith, Starke, Vogt, White, Whitfield and Williams of Leon.
. So there was a quorum present.
The Rev. Mr. Blake officiated as chaplain.
A committee from the Senate appeared at the bar of the House
and announced that the Senate had re-assembled and were prepared
for the transaction of business.
On motion of Mr. Davidson, a committee consisting of Messrs.
Davidson, Church and Erwin, were appointed to wait on the Senate
and inform them that the House has met in pursuance of adjourn-
ment and is prepared for the dispatch of business.
The committee having performed that duty were discharged.
On motion of Mr. Williams of Leon, a committee consisting of
Messrs. Williams of Leon, Barrett and Bird, were appointed to meet




hS















JOURNAL.




MONDAY, November 28th, 1859.

The House of Representatives of the General Assembly of Florida
Smt at 12 o'clock this day, in pursuance of the adjournment of the
two Houses on the 15th of January last.
The roll was called-a quorum not present.
SMr. Barrett presented the credentials of Stephen R. White, mem-
ber elect from the counties of Madison, La Fayette and Taylor, to
supply the vacancy created by the resignation of W. H. Pope.
Whereupon the oath of office was administered to Mr. White by
SF. C. Barnett, Esq., Notary Public.
On motion, the House adjourned until to-morrow morning, 11
"o'clock.



TUESDAY, November 29th, 1859.

The House met pursuant to adjournment.
On calling the roll the following gentlemen answered to their
names, to.wit:
Mr. Speaker, Messrs. Barrett, Bird, Bissell, Brinson, Campbell,
Church, Coffee, Davidson, Erwin, Evans, Frink, Ilughey, Hunt,
Kenan, Manning, Mickler, MAunn, Peacock, Richardson, Robinson,
S Smith, Starke, Vogt, White, Whitfield and Williams of Leon.
. So there was a quorum present.
The Rev. Mr. Blake officiated as chaplain.
A committee from the Senate appeared at the bar of the House
and announced that the Senate had re-assembled and were prepared
for the transaction of business.
On motion of Mr. Davidson, a committee consisting of Messrs.
Davidson, Church and Erwin, were appointed to wait on the Senate
and inform them that the House has met in pursuance of adjourn-
ment and is prepared for the dispatch of business.
The committee having performed that duty were discharged.
On motion of Mr. Williams of Leon, a committee consisting of
Messrs. Williams of Leon, Barrett and Bird, were appointed to meet




hS










4

a similar comtnittee from the Senate to wait on his Excellencv tho
Governor, and infoir him that the two Houses of the General As-
sembly have re-assembled and are ready to receive any cominunica-
tion which he may have to lay before them.
Mr. Barrett presented the certificates of Samuel R. Sessions, mem-
ber elect of New River County, and Mr. A. J. Smiley of Columbia
County, and moved that they be referred to a select committee of
iiV.
The Speaker announced the following gentlemen as members
composing said comniitttee, viz:
Messrs. Barrett, Williams of Leon, Davidson, Frink and Munn.
The committee to join a committee of the Senate and wait upon
his Excellency the Governor, having performed that duty were dis-
charged.
On motion of Mr. Williams of Leon,
It was ordered that filty copies of the Rules of the House be prin-
ted for the use of the members.
Mr. Williams of Leon moved that the Standing Committees of the
Iouse be reorganized;
Which motion was adopted.
The following gentlemen gave notice of intention to introduce hills
at some future day:
By Mr. Kenan:
A bill to be entitled an act in addition to an act concerning
Dower.
By Mr. Church:
A bill to be entitled an act to change the name of Andrew J. Re-
vells of Madison County, to that of Andrew J. Duncan.
By Mr. Williams of Leon :
A bill to be entitled an act to exempt one Slave from Execution.
By Mr. Bird:
A bill to be entitled an act to empower Minor Walker of Jefferson
.County, to assume the management of his own estate.
By Mr. Barrett:
A bill to be entitled an act for the better Government of Freo Ne-
groes in this State.
The following communication was received from the Governor:
EXEcUTIVE CHAMBER,
November 28th, 1859.
Gentlemen of the Senate and House of Representatives:
You are assembled at the Capitol by virtue of your reso-
lution of adjournment in January last, and I meet you now
with the same interest as when it was plainly my duty to
do so, at the commencement of the term fixed and pre-











scribce by the Constitution, hoping that the continuation of
your labors may result in much good to the State.
Circumstances have transpired since the adjournment of
the Legislature, and measures have i....-t.dl themselves to
my mind not embraced in my.annual message, to which I
invite your attention, in obedience to that clause in the Con-
stitution, which makes it the duty of the Executive to give
to the General Assembly information of the state of the'
Government and recommend to their consideration such
measures as he may deem expedient.
OFFICIAL REPORTS.
I invite your attention to the official reports of the Comp-
"troller and Treasurer as to the financial condition of the
State.
By reference to the report of the Comptroller, it will be
seen that the receipts from the various sources for'the fiscal
year 1S59 are $106,022 35, and that the amount of warrants
issued during same period is $104,879 12. The finances of
the State will require at your hands a rigid scrutiny into all
the appropriations by the Legislature. The increased expen-
ditures of the government are disproportioned to the in-
crease of population, and the alternative of retrenchment or
increased taxation is presented. The current expense for
criminal prosecutions is largely on the increase, as well as
that of jurors and witnesses, and should be reduced, if con-
sistent with a proper enforcement of the laws and adminis-
tration of justice.
STATE LOAN.
By virtue of the authority vested in me by "An act to
provide for the payment of the debts of the State," and the
amendment thereto, I negotiated a loafi for the State in
the cities of Charleston and Savannah, through the agency
of Col. John W. Pearson, of two hundred and forty-one
thousand three hundred dollars, the greater part of which
has been disbursed in payment of claims for services ren-










dered in suppressing Indian hostilities during the years 1 ".;
and 1856. The report in detail of the Disbursing Agent
will be submitted to you in a few days, with a special
recommendation that provision be made to insure the pay-
ment of the loan at maturity.
INTERNAL IMPROVEMENTS.
The progress of the several lines of railroad that have
accepted the provisions of the "Act to provide for and en-
courage a liberal system of Internal Improvements in this
State" has been onward. No State, perhaps, in the Union
has accomplished more (under the circumstances) in so short
a time. Four years ago, the St. Marks road, twenty miles
in length and worked by horse power, was the only road in
the State. We now have about 350 miles of road graded
and about 230 miles of iron rail laid, upon which the cars
are running daily, and the iron purchased to complete the
balance of the roads graded. The Florida Railroad is 154,
the Florida Atlantic and Gulf Central 60, the Pensacola
and Georgia, from Tallahassee to Lake City, 105 and the St.
Marks 21 miles in length, respectively. The St. Marks road
has been completed for some time and pays a handsome
dividend. The iron rails have been laid on about 130 miles
of the Florida, 50 miles of the Florida Atlantic and Galf
Central and 30 miles of the Pensacola and Georgia Railroads,
respectively. The Florida and the Florida Atlantic and Gulf
Central roads, it is expected, will be completed at an early
date, and the Pensacola and Georgia road to Lake City by the
1st of July or August, 1860. The Pensacola and Alabama
Railroad, 45 miles in length, is graded to the line dividing
Florida and Alabama, upon which about 20 miles of iron
rail has been laid and the iron purchased for the balance of
the road. That portion of the work which lies in Alabama
is being vigorously prosecuted and will be completed at an
early date.
The Pensacola and Alabama Railroad Company have not
accepted the provisions of the Internal Improvement law










and are not required to report to the Trustees the gross ret
ceipts from the traffic of the road, and we have no data
from that source upon which to base an estimate as to its
earnings. When this road and other important roads now
under course of construction, which will act as feeders to it,
shall have been completed, the Company may reasonably
expect a business which will insure its success.
A quickening impulse is manifest in every branch of busi-
ness in the districts penetrated by the several lines of road.
Large tracts of fertile land, hitherto overlooked for want of
proper facilities of transportation, &c., are now attracting
the attention of citizens from older and less favored States.
Saw-mills and turpentine plantations are dotting the lines
of road in sections heretofore inaccessible and furnish em-
ployment to a large number of industrious citizens, and give
value to that class of lands which have been regarded until
of late as valueless. Thriving villages have sprung up as
by magic and will increase in importance in proportion to
the settlement of the adjacent country of which they are
the commercial centres. These evidences of prosperity but
imperfectly foreshadow, however, the great importance of
the system and the benefits which must result from its com-
pletion. The want of proper means of travel and transpor-
tation has heretofore proved a serious draw-back in the set-
tlement of the State, but the lines of road have been in
general so judiciously located as to almost entirely remove
these objections. When the Internal Improvement system
shall have been completed, and the fact become generally
known that Florida possesses a genial, healthful climate,
with large bodies of fertile land well adapted to the growth
of corn, long staple and upland cotton, sugar, rice, Spanish
tobacco and tropical fruits, together with an almost inex-
haustible supply of valuable timbered lands, and to be had
at cheaper rates than can lands of equal fertility in any of
the cotton growing States, a state of prosperity will be real-
ized beyond the expectation of its most sanguine friends.
In my first message to the General Assembly, I deemed










t my plain unmistakable duty to report to them what'
deemed an infringement and violation of the Internal Im-
provement law, in many respects, by one of the companies
accepting its provisions. The General Assembly adjourned
without any definite action, leaving me to 'cet in accordance
with my own views of duty. The course that would be pur-
sued by me in such event was clearly foreshadowed in my
annual message, and I accordingly withheld my signature
from the bonds of the delinquent Company, when applied
for by it, and guaranteed by a majority vote of the Board of
Trustees, my reasons for doing which were at the time
assigned in the following address to the Trustees, and which
I deem it my duty to place before you:
Gentlemen of the Board of Internal Improvement:
Having determined that it is my duty to withhold my
signature from the bonds of the Florida Railroad, which a
majority of the Board has decided should be signed by the
Trustees, I deem it respectful to you to state my reasons for
my refusal to coincide in your action, and resort to a writ-
ten statement of my reasons, to avoid any misconception
of my official conduct, such as has been entertained by
some.not members of the Board, upon a misunderstanding
of the facts connected with the official transactions of this
body.
It may, by some of your body, and by many of the citi-
zens of the State, be thought that I should give to the bonds
my signature, seeing that high legal authorities have de-
termined that a majority of your body has the power to
decide when the bonds of the Railroad Companies should
be signed, as provided by law, and that the Trustees, having
determined that the Florida Railroad Company is entitled
to the guaranty of the Trustees on the bonds by that Com-
pany lately presented for such guaranty, that I, like any
other member of the Board, am bound to acquiesce in such
- determination, although I may remain of the opinion that
the public interest will suffer by my compliance, and that
such Railroad Company is not legally or equitably entitled
to receive the guaranty. Could I assent to such a view of
the duties imposed on me by the Constitution and laws, it
would relieve me of an unpleasant duty, and serve, no
doubt, to harmonize conflicting interests and opinions that











at present are greatly disturbed, and obtain for myself a
peace and quiet I may greatly desire, and would much
enjoy, did I think it properly acquired. But, deeming my
duty to be other than than what those for whose opinions I
have gredt respect have considered it to be, I cannot ac-
quiesce in the views taken of it, or adopt the course indi-
cated or expected, However I may be made the i-,,li. Ir by
my refusal, or what may be the injury to persons who it is
said will be affected by such reftsal. I may and shall re-
gret that any one should lose by my official acts, but such
consequences cannot be permitted to sway my judgment
in matters confided to my decision, any more than should
the hardship of a legal decision turn a Judge from pro-
nouncing aj judgment which he believes it his duty to rendor.
In my annual message to the General Assembly I took
occasion to call their attention to what I believed were im-
proper and illegal acts on the part of the Florida Railroad
Company, which, in my opinion, required legislative ac-
tion to redress. This I did, acting under that clause of the
constitution which requires,, the Executive "from time to
time to give to the General Assembly information of the
state of the Government, and recommend to their conside-
ration such measures as he may deem expedient." The
General Assembly appointed a joint committee of both
Houses to investigate the matter so brought by me to their
attention. The committee took evidence, and made sun-
dry reports, neither of which was signed by a majority.
As a part, however, of that report signed by the largest
number, a resolution was presented, which was intended
to express the judgment of those signing the report, which
was as follows:
Resolved by the Senate and House of Rep resentatives
of the State of Florida, in General Assembly convened,
That the Trustees of the Internal Improvement Fund be,
and they are hereby requested, to guaranty the interest
upon the Bonds of the several Rail Road Companies of
this State, who have accepted the act approved January
4th, 1855, the Flbrida Railroad Company included," &c.
In the Senate, the vote on concurring in this resolution
stood as follows : Yeas 9, Nays 6. In the House, on the
motion to lay the resolution on the table, the vote was:
Yeas 24, Nays 13. So the resolution was laid upon the
table. This action can only be considered as a refusal on
2











the part of the Legislature to agree to the affirmative action
of those who signed the majority report, and so considered,
the Legislature refused to order the Trustees to continue to
endorse the Bonds of the Florida Railroad. There is no
direction from the General Assembly addressed to us on
the subject. Had the joint resolution passed both Houses.
I would have given my assent, out of a disposition to con-
form to the action of the Legislature in matters of public
policy.
It has been urged upon me by the Press and by individ-
uals, that inasmuch as I had performed my duty by bring-
ing the subject to the notice of the General Assembly, and
that their action having been equivalent to a refusal to
legislate, so as to remedy what I had declared in my opin-
ion were abuses of the law and injuries to the public inter-
ests, I had performed my whole duty, and might properly
acquiesce in what my judgment deemed an abuse of the
law, sheltering myself from further censure, by alledging a
failure on the part of the Legislature to co-operate with me
in measures of redress. It has also been in like manner
urged that the judgment of a majority of the joint commit-
tee was that the abuses by me alleged to have been com-
mitted by the Florida Railroad had no existence in fact or
in law, and that such judgment was conclusive, and should
be satisfactory to me.
To all of these reasoning I am unable to yield my as-
sent. I am still satisfied that the facts communicated to
the General Assembly did exist, and that the view which
I took of the law was correct. _or do I admit that the
failure on the part of the General Assembly to aid me in
redressing what I believe injurious to the public interest
absolves me from my sworn obligations to obey that part
of the constitution wherein I am charged to "take care
that the laws be faithfully executed."
I do not impeach the judgi-ent of the General Assembly.
They are independent of my control, except in so far as I
may negative their action. I do not pretend to investigate
the reasons which led the Legislature to omit any action,
pro or con, on my recommendation. I had no power to
be present and take part in their examination of the evi-
dence touching the matter inquired into by the committee,
and consequently I could neither examine to see whether
all the evidence was obtained which was pertinent to the








11

'investigation, nor whether matters were allowed having no
relevancy to the question to be solved.
The constitution provides that, the power of the Gov-
ernment of the State of Florida shall be divided into three
distinct departments, and each of these confided to a sepa-
rate body of magistracy, to wit: Those which are Legis-
lative to one, those which are Executive to another, and
those which are Judicial to another." No person or
collection of persons, being one of those departments, shall
exercise any power properly belonging to either of the
others, except in instances expressly provided in this con-
stitution."-Art. 2, Constitution.
In obedience to this plain mandate it is that I determine
to act as my own judgment and convictions lead me to
believe it to be my duty, and not to exercise my office in
conformity to the opinions of the Legislative branch of the
Government, when my mind does not agree therewith ; to
do which, would destroy what the Constitution created,
and requires to be preserved-the independence of the
Executive and Legislative powers.
When I was chosen to fill the Executive office, it was
expected that the State should have my judgment as the
rule of my official actions, and however feeble it may be,
the voice of the people has decided that it shall determine
whatever requires the executive approval.
Being thus by the Constitution made independent of the
influences of legislative opinion, the same reason operat-
ing with greater force, I am not bound to abate my official
duties, because of a decision made by the subordinate offi-
cers of the Executive Department of the Government,
when acting under law regulating Internal Improvements,
and sitting as ex-offieio Trustees of the Internal Improve-
ment fund. I may and do respect your persons and your
opinions,but there is no law which will permit me to disobey
that part of the Constitution which requires me to take
care that the laws be faithfully executed," because you
may decide, (however your powers of mind may be supe-
rior to mine,) that there has been no violation of law, when
I am of the opinion there have been many serious infrac-
tions-of the law, greatly to the detriment of the public.
The action of the people who placed me here, may have
set up a weak judgment to control a more weighty and
more powerful; yet under the Constitution, I am bound to
exercise my own judgment, and not that of others.








12

Inasmuch as by the Constitution I am bound to see
" that the laws be faithfully executed," I am forbid to do
any act which would tend to aid in what my judgment con-
vinces me would be a violation of the law and of public
rights. The law which requires me to act as a member of
the Board of Internal Improvement -does not, by any fair
construction, alter my duty in this respect. Had the power
"been expressly given by law to a majority of the board of
Trustees to determine when the law had or had not been
faithfully executed, instead of such power being made to
rest on inference, such law would have been a nullity; be-
cause it would have been a violation of the Constitution, in-
asinuch as it would seek to take away from the Governor
the right to determine in the first instance whether the law
has or has not been violated. In doing this the Executive
must construe the law ; he may ask the advice of the At-
torney General, but is not bound by his opinion, and may
require that officer to act contrary to his own judgment.-
And such construction of law made by the Governor is sub-
ject to no control but that of the judiciary, to whom is con-
fided the power of finally settling what the law is. To this
power I am subject in respect to what the law is, it being
the province of the judiciary to construe the law. But it
is my province to cause such action to be taken as will pro-
cure the Judicial decision of law, when in my opinion the
laws have been, or are about to be violated, and there is no
special provision made for their faithful execution. In such
event, 1 as Governor must ref'nse to participate in an act
required of me, by any authority in the State, which I be-
lieve would tend to public injury and violate the spirit and
reason of the law, and by means of such refusal, or by di-
rect action (if need be,) obtain the Judicial aid to prevent
the evil, (if evil there is,) or under the sanction of a judg-
ment of the courts surrender my opinions and conform my
action to such, which alone would warrant me in so do-
ing.
You will perceive then, gentlemen, that holding the views
I have expressed, I d(o not fucl that when I am here doing
a duty, which by law is added to my other duties as Gov-
ernor of the :; I am deprived o01 amn of the constitution-
al attributes of my office, or exempt fr om any of its respon-
sibilities.
The duty I here perform, I do as a part of my office as
Governor of the State, and all my actions under the la.-








13

are done as Governor, and subject above all to be regula-
ted by the Constitution, and my oath of office ; and that I
cannot waive what I believe my duty requires me to de-
mand, although a majority of the Board may be of an opin-
ion on the law and facts contrary to what I have arrived at
after mature deliberation. I may be in error, and when it
is considered that many able minds differ from mine, it
would seem to others probable that I do err. Yet I ama
firmly convinced of the correctness of my judgment, and
whilst I repeat that I act on my own judgment, I am not
unmindfiul that a large number of the Senators and Repre-
sentatives coincided with me in opinion and that a respec-
table share of the intelligence and legal talent of the State,
deem my opinions as to the Florida Rail Road sustained by
the law and the facts, but these coincidences of opinion
can but give me confidence in my judgment. They do not
form the basis of it.
Having stated the reasons why I shall continue to with-
hold my signature from the Bonds of the Florida Railroad,
you have decided by a majority vote to sign and pledge the
Internal Improvement Fund to pay the interest upon, I
deem it further to be my duty to lay before you such other
and further facts as influence my judgment and which I
believe to be entitled to weight and consideration on your
parts, all of which I request you in'yonr official capacities
to investigate, deeming that the public interest demands
such investigation, and that if the facts be as I shall state
them on the evidence before me, it is incumbent on you as
members of the Board and on me as Governor of the State,
not only to decline giving further aid to the Florida Railroad
Company, but to take cflicient measures to guard the In-
ternal Improvement Fund against the injury which the facts
I shall adduce would seem to indicate as having been al-
ready inflicted.
Before proceeding to state the matters alluded to, I will
premise by saying that I am not insensible to the appeals
which have been made through tlhe public Press, and in the
Legislative Halls, against any action on the part of the
officers of the State, or of individuals, which may discredit
any of our public works. I argue that our State needs
Railroads, and that all who seek to provide them, should
be encouraged and not hindered by vexatious proceedings
on the part of the State or its officers.
I have ever been an active advocate and an ardent friend









14

of judicially planned and honestly managed public works,
regarding them indispensable to the development of the re-
sources of our State, and highly promotive of the success
and prosperity of her citizens. But vwhilst the constitution
provides for the encouragement of a liberal system of Inter-
nal Improvements, and the public wants demand that this
provision of the constitution should be faithfully executed,
I deem that in our anxiety to fulfil the duty we owe to the
State so imposed by the constitution and laws, we should
not perform it at the sacrifice of other equally important
and essential obligations. We need Railroads, and in my
judgment, with the material aid so liberally bestowed by
the State and Federal Governments, we have the ability to
construct all that our wants demand, and that,too,.without
inflicting injury upon the Internal Improvement Fund or
wounding the credit of the State, which has scarcely recov-
ered from the improvident acts of the Territorial Govern-
ment.
Railroads are useful, but State credit is a pearl above all
price. It is easily tarnished and to be kept without blem-
ish, should be carefully guarded. When, therefore, a mag-
istrate, charged to protect the public interest, or any Leg-
islature, or officer of the State or private citizen calls pub-
lic notice to acts of any Railroad Company which are cal-.
culated to damage the State, or seriously to affect the fund
provided to aid in the construction of our public works, in-
quiry should not be diverted or investigation smothered by
the fear of doing harm to other Railroad enterprises. It is
only the guilty that need fear inquiry, and it is the interest
of all laudable and honest enterprises that improper prac-
tice should be suppressed. Whilst our laws have encouraged
the formation of companies to build the lines of road in the
law provided for, by liberal donation of lands and pecunia-
ry aid, it certainly never was designed for persons to assume
the execution of these works on fictitious capital and with-
out actual means of their own. The aid of the State given
in land and by guarantee of money to pay interest, pre-sup-
posed that the capital stock of the several.Railroad Compa-
nies would be subscribed and paid in, and that such actual
capital would build the road-bed and superstructure at least.
When it was provided that the money paid out of the Inter-
nal Improvement Fund for interest on the Bonds should be
replaced by stock in the Roads, it was expected that those
who had subscribed for stock in the Roads would pay for it,











and that being done, the stock would be of some value. In
the cases of the Tallahassee, Pensacola & Georgia, and At-
lantic & Gulf Central Railroads, this expectation has been
realized, and any stock which the Trustees may obtain in
these Roads will place the Fund on an equal footing with
other stockholders, for the stock subscribed and taken by
these Companies has been paid in and appropriated to the
grading and superstructure of their Roads. Having thus
premises these remarks, I now call your attention to the
Bonds issued before the Cempany had any titles to the lands
granted, and to which they might never have title-they
only become entitled to the land when the Road is built.
Here then we see, that although we get stock in the
Road for th4 money we pay for interest, we not only have
an amount issued to us inadequate to the sum paid, but it
is likely to prove valueless from the fact that instead of the
Road starting in debt only for the iron and equipment,
and with the sales of the land to look to as a fund, togeth-
er with the earnings of the Road, to meet the iron bonds,
it starts with a large debt on which it must pay interest
out of the earnings, and that the sales of the lands will be
absorbed in paying the land bonds. This scheme is not a
novel contrivance. It was invented in Wall Street and in
the parlors of Western Railroads, and was well planned,
whereby certain shrewd individuals, under the specious
guise of great public spirit, undertook to make public im-
provements, and with but little capital or credit, took mil-
lions of stock in Railroads, got control of largeland grants,
subsidized the public press and swayed public men from
their duty that they might build up enormous fortunes out
of the public property.
When Congress and the State passed laws to aid the con-
struction of Railroads in this State, it was not intended
that men should seize hold of the stock in the Roads to en-
rich themselves at the public expense. The State not be-
ing able to build Roads alone, invited her citizens to sub-
scribe the stock and build the Roads, offering the lands and
the guaranty of interest as a bonus to induce them to invest
their capital-not to make feigned subscriptions which they
have neither the will nor the ability to pay in, with a view
to taxing the public fund with the entire cost of their Roads.
It was solid capital alone wanted, and a liberal bonus was
offered for it. It was not held out as a premium to invite
men to take our bonds and credit, to coin money for them-









16

selves, but to inspire our citizens with a spirit ofenterprise
and enable them to make such improvements as the wants
of the country demanded. It becomes our duty, if we have
the powers, to keep the credit of the State from being injur-
ed by the perpetration of such schemes, which cannot fail
to result in loss to ell, of course chiefly to others than the
projectors. I am of the opinion, gentlemen, that we should
demand of the Florida Railroad Company to put the stock
held by the Trustees upon an equal footing with that own-
ed by themselves, for 1 cannot think that it was intended
by the Legislature, in providing that we should receive
certificates of stock for interest paid, that the stock thus
acquired should be placed below that held by individual
members of the Company who have paid in not more than
12-' per cent upon the stock subscribed.
This B]oard has no means of informatiml with respect to
the condition and management of the Florida Railroad Com-
pany other than what is to be found in the documents prin-
ted by the last General Assembly. How much stock has
been paid in cash, by whom paid, what are its debts and
what are its resources, we have no information other than
"that above referredto, and yet we represent as Trustees a sum
of seventy-lire thousand, seven hundred and seventy-liev
.i.-:.- ( 7..775) acquired by the payment of that sura of
interest on the guaranteed bonds of the Company. The
only definite information we have is that found in the jour-
nals of the General Assembly :from which I extract the fol-
lowing i 1.i'. ', statement of the Hon. Goe. W. Call, Secre-
tary and Treasurer of the Company, viz:
The estimated cost of the Florida Railroad is....$3,500,000
This sum included all expenditures and provides
a fully equipped Road, with Depots, Station
Houses, Wharves and everything necessary to
a full business.........................
To pay this the Company have of Internal Im-
provement Bonds ........................ 1,655,000
Of Land Bonds, well secured, and which are
paid to contractors at par.................. 1,500,000
Leaving to be paid on the stock................ 3-15,000
The Stock is fixed for the present at............ 3,000,000
Should the whole be taken, an assessment of 12
per cent. would produce ..................... 360,000
Or more than the amount required; but the whole











"Sleck as yet taken is only a little over ($1,000,-
000,) one million dollars, the present assess-
ment on which (12 per cent.) would produce... 120,000
And should no more be.taken, -a further assess-
ment of 12-- per cent.will be required to pro-
duce...................... ............. 225,000
To make up the deficiency of.................. 345,00(
Making the total payment on the stock, in any
event, only 341 per cent., or 834 50 on every
8100 subscribed ............... ............
From this official statement of the Company, it is appa-
rent that the highest sum they expect to pay upon their
shares of sock is 834, whereas for every share of stock cer-
tified them to the Trustees we pay $100; hence it results
that in declaring dividends from the income of the Road,
an individual stockholder will receive as much for $34 as
the fund will for $100 invested.
This I think to .be violative of the spirit of the law, and
certainly it is unjust and inequitable. It seems to me that
it is our duty as Trustees of the Internal Improvement
Fund, holding a large amount of stock, to demand an in-
sight into the proceedings of this Company, Other Rail-
roads make no secret of their affairs and have published
"the usual statement of their business, showing their cash
receipts and payments.
In conclusion, I have to say that this statement of my
position touching the Florida Railroad Company is made
from no unfriendly feeling towards the enterprise, nor from
any disposition to respond to the numerous unkind and un-
manly assaults made upon me through the newspapers. It
simply presents a candid statement of my convictions which
form the basis of my action in the premises. I may be in
error, yet I do not think so; but in this as in all other mat-
ters of a similar character, I will stand ready to abide a
judicial investigation of my official conduct, and if pro-
nounced by competent judicial authority to be wrong, will
readily yield my judgment to that authority.
Very Respectfully,
-M. S. PERRY.
LANDS GRANTED 'Y CONGRESS TO AID IN THE CONSTRUCTION OF
RAILROADS.
By the Act of Dec. 2, 1856, the State of Florida accepted
3











the lauds granted by Congress of May 17th, 185(, upon the
terms, conditions and restrictions imposed in the Congres-
sional Act, but as yet the General Assembly has made nor
disposition of said lands except those granted to aid in con-
structing a Railroad from Pensacola to the State line of
Alabama, in the direction of Montgomery.
The great value of these lands to the Railroad Companies
renders it highly important that such action should be taken
as may be necessary to fully secure said grant to the Con-
panies beneficially interested therein. Such action would
be simple andsaid object could be easily accomplished, were
each of the lines of road named in the Act of Congress to be
constructed by a single company, but inasmuch as several
on each line claim the right to construct portions thereof
a conflict of interest arises which places some obstacles in
the way of an equitable adjustment. A difference of opin-
ion exists as, to the necessity or propriety of any further
legislation than that in the 21st Section of the Internal Im-
provement law, as will appear by reference to the proceed-
ings of the Senate at the last session of the General Assembly,
pages 365, 397.
I think it is clear, as expressed by the Attorney General,
to whom this question was referred, that "if it is considered
that the lands along the route are by the Internal Improve-
ment law and the Act of Congress granted in common to,
the several Railroad Companies constructing a particular
line of road, then further legislation is necessary to distribute,
them: between the companies." And I think it equally clear
that the lands along the route were granted in common to,
the several Railroad Companies constmicting a particular
line of road. By the Act of Congress these lands were-
granted for the purpose of aiding in the construction of Rail-
roads between certaipoints, the terminii of each road being
specified and fixed, with a provision' that the lands granted
on account of said roads and branch shall be exclusively
applied in the construction of that road or branch for ancd
)i tuacount of which such lands are granted."











It seems to have been considered that, without such pro.
vision, the act might have been construed as granting the
J.ands in common to all the roads and branch named, and in
declaring the intention to be otherwise, Congress has provided
that the lands on each side of the road from Jacksonville to
Escambia Bay shall be exclusively applied to the construc-
tion of the road from Jacksonville te Escambia Bav, and so
on with the other roads and branch.
There is no mention of a road from Jacksonville .or the
waters of Escambia Bay, or from Amelia Island or Tampa
or Cedar Keysto any intermediate point. That each of said
roads was by the Act of Congress considered as one road,
for the whole distance between the terminii specified, and
"that the grant to each was a grant in entirety, is as clearly
expressed as it would have been had the question been raise d
qt the time and tie act had been framed specially in refer-
ence thereto. As further evidence that the intention of Con-
gress was as above stated, I refer to the 3d and 5th sections
of the Congressional Act. By these it will be seen that the
grant is not a naked gift, a simple donation. On the con-
trary, certain conditions must be complied with, some cor-
sideration is to be given for the benefits received.
These sections provide that "the said Railroads and branch
shall be and remain public highways for the use of the gov-
ernment of the United States, free from toll or other charge
upon the transportation of any property or troops of the
United States," and also that the United States mails shall
be transported over such roads and branch at such price as
Congress may fix by law or the Postmaster General may
determine. It surely was intended to provide for the trans-
portation of troops, mails, &c., across the entire route in
consideration of the lands granted, the entire road bearing
the burden imposed and receiving the benefits conferred.
And while, in my judgment, the true meaning of the Act of
Congress is as above stated, the construction I have placed
upon it seems to me to be the one best calculated to render
equal justice between the parties interested. The principle









20

contended for by some that each company is entitled to all
the lands lying on each side of the road constructed lby them,
whether taken in place within the six milcs limit, or as in-.
dennity within fifteen miles, would work nmniiif-t inj .>tiee
in some eases and should not be insisted upon unless it is
really the true construction of the Act. By such a rule onu
company might be deprived-of all benefit under the grant,
or the value of the lands received might be so small as to be
no inducement for accepting the same under the conditions
imposed. In such event there is nothing in the Internal
Improvement law which forces upon any Railroad Company
the acceptance of the grant by Congress and compels then
to transport the property or troops of the United States
"free from toll or other charge," and should a company thus
situated decline to accept the lands on the conditions imposed,
it would result in a failure on the part of tle State to fulfil
the contract she made with the General Government when
she accepted the grant upon the terms, conditions and re-
strictions in said Act of Congress." The State cannot right-
fully and lawfully receive the benefit of the grant for a por-
tion of the route where. the lands are valuable, and reject it
where they are not valuable. And even if the roads by their
acceptance of the provisions of the Internal Improvement
law could be compelled to fulfil the contract of the State
with the General Government, that would be a strong argu-
ment against any construction which would deprive a com-
pany of their proportion of the lands, for it would clearly
be unjust to force- upon them their proportionate share of the
burthenn without extending them a )pro rq'a share of the
benefits and advantages. Unless the grant is taken as an
entirety, and so considered in the disposal thereof, the effect
will be to give to some of the companies but a small amount
of lands, while the other companies will receive their full
quota and have an excess of about one hundred thousand
(100,000) acres to revert to the United States, thus depriving
the State and the Internal Improvement interests of that
mnucll land.









21

iBy the first section of the Act of Congress, after granting
lands in alternate sections for six sections in width on each
side of certain roads, it is provided that where the United
States have sold or otherwise discosed of aniy of said lunds,
it shall be : ..:-;i foi any agent or agents to be appointed
by the Governor of this State to select other lands in alternate
sections within fifteen miles, to supply such deficiency.
Under this provision I did, on the 7th day of September last,
appoint Henry Wells the agent for the purpose of making
said selections.
DIRAINXG OF TiHE SWAMP AND OV3EFLOWED LANDS OF THE OCLA-
"WAIIA RIVER.
The improvement of the navigation of this important ri-
ver, together with the draining of the overflowed banks
thereof, has, by action of the Board of Internal Improve-
ment and by resolution of the General Assembly, been one
of the subjects of the liberal system of internal improve-
ments in our State. In September, 1858, the Board passed
the following resolution:
resolved, That the Board of Trustees will grant proper
portions of Swamp Lands alternately, not exceeding onesee-
tion alternately one mile deep, on both sides of the Oclawaha
river, from its mouth to Lake Apopka, to any person or per-
sons who will undertake to remove the loas, sand-bars and
rafts, and make the necessary cuts and ditches to deepen the
channel of said river, with a view to reclaim the Swamp
Lands adjacent thereto, so that the same shall thereby be en-
hanced in value, and that the Governor be requested to com-
municate this resolution to the chairman of said Convention."
The above resolution was promptly communicated by me
to the chairman of said Convention, but as the remuneration
for the labor and outlay contemplated by this resolution is
to be made in lands, no one of sufficient capital has been
found to undertake it.
SAt the late session of tle Legislature, a resolution was
passed instructing the Board of Trustees to consider the
drainage of said Lands and recommending the employment











of a competent Engineer to make survey, &c., and make
plat estimate, &c., and report to the Trustees.
No Engineer has been appointed by the Board, and the
work is no nearer being conmnenced than it was in 1858. I
"would respectfully ni- .: t that the salary of such an Engi-
neer and the expenses of the outfit, together with the ex-
pense of the survey, estimates, &e., would be perhaps as
much as one half the cost of the drainage, and therefore
should be avoided if possible.
As long ago-as 1835, while e were a Territory, Congress,.
on the report of its value in military operations, voted an
appropriation of $10,000 for the improvement of the navi-
gation of this river. The Indian war prevented tke work,
and when we became a State this grant reverted to the
Treasury.
More recently, in 1853, the enterprising citizens of Marion
and Putnamn counties secured the services of John A1. Irwin,
a competent Civil Engineer, who is represented to be a very
practical man, to make a survey of said river, with a view
of improving its navigation and draiining the lands on either
side thereof. Mr. Irwin made a thorough examination, at
considerable expense, and made the following report, which
was at that time published in the "Florida Mirror," to-wit:
THE OCLAWAIIA.
Messrs. Editors :-Dispensing with the customary preface, and
special pleading in such cases, 1 deferentially submit to your dispas-
sionate consideration, and by you, to all who may feel an interest in
the matter, a succinct synopsis of an exploring expeidition, recently
undertaken by me, in order to ascertain the practicability and prob-
able expense of making the Oclawaha navigable for steamboals,
from its mouth to Silver Springs. The length between these two
places is about one hundred and five miles, comprising six hundred
sinuosities. The number of snags or logs in the water, is sixteen
hundred and thirty five; and the number of trees leaning over it. (ex.
elusivelyy of a great many bushes,) is two thousand seven hundred
and ninety-four. The number of runs or branches from and weak.
ening the main channel, is seventy-four.. The cause of these branches,
or veins, is attributable to fallen trees, and rubbish, damming the ri-
"ver in many places, thereby forcing considerable portions of the na-
ter from its natural course, into other ruins, which, after meandering











for short distances ihroughl the swamps, rejoin and improve th"' pa.
rent artery. This is especially tlie case :t each of th, I la(Ces deiig
nated, respectively, as the D):rdceels--4he Upper Narrows, ind
Lower Narrows, which would have to be widened. Tle other ini.
pediment is the Rocky Shoal, one hundred and fifty yards in length,
Many of the acnte angles, or elbows, of the river indiings being oof
nlluvial deposit, of recent formation, and over grown only by fragile
shrubs or aquatic plants, are susceptible of cht:eap and easy improve
mnent, and oft course, thle river navigationi in proportion. Such is a
specification of thle obstructions to the Ochiwalr navitalion. A i
estimate of the expense of removing them I imake on the following
hypothesis. Some of the songs re of hnge dimensions, would have
to be sawed under water into several pieces, and their removal cost
en dollars each in consequence : tle greater iuiriber would cost only
)ne dollar, admit their removal then to cost $2 50 each on an avu
rage. The leaning trees would all inevitably fall into the river after
being cut, unless prevented by trouble and expense that would exceed
their cleaning awav after allowing their their natural propensities
Allow the removal of these to cost $2 each. One hundred and fifty
yards.of rock, by ten yards wide, and onl ylad deep, equal to fifteen
hundred cubic yards to be blasted and quarried under water would
cost $1 50 per cubic yard. Three hundred and thirty yards in
length, of the Narrows to be widened five yards, and deepened two
equal thirty-three hundred cubic yards of earth, over-grown by gi-
gantic cypress trees, and partly submerged in water, the excavation
of which would cost $1 per cubic yard. Pile-drMving in and stop-
ping the heads of seventy-four runs or outlets, at 825 per head. Cut-
ting away one hundred and twenty sharp elbows say at $10 each,
RECAPITULATION ;
1035 snags, 2 50 each, $4,087 50
2794 leaning trees, 2 00 5,588 00
1500 cubic y'ds. of rock, quarrying, 1 50 per yard, 2,250 00
3300 cubic y'ds. excavation of earth
with roots, &c., 1 00 3,300 00
74 heads of outlets, stopping, 20 00 each, 1,480 00
120 elbows, clearing, 10 00 1,200 00

$17,005 50
Nearly $170 00 per mile.
No doubt a less sum than this would sufficiently improve the nav-
igation for boats of appropriate build, under the skilful vigilance of
a pilot well acquainted with the river. But to make the navigation
easy, safe and permanent this sum would be indubitably required
for steamboats of 70 feet keel, 20 beam, and of 4 feet draft.
Upon consultation with those who are well acquainted




I











with the navigation of this river, whose practical knowledge
of the course of the water in .... .i iW the banks of the
river and in whose judgment I have every confidence, I am
satisfied the said report and estimates made by Mr. Irwin
,are as good and as well adapted to accomplish the object as
any new survey and estimates would be, if not better.
It is doubtful whether this work can be accomplished by
offer of remuneration in lands, and if it could be it is ques-
tionable whether it would be economy to the State. If the
lands are enhanced in value by the improvement, the State
fund will be so much increased thereby, which would be so
much better than having speculators reap the benefits there-
of. I therefore recommend the adoption of the plan of work
:-i_:1.. -!.1 bv Mr. Irwin, to be extended to Lake Apopka;
that an appropriation lie made therefore and the Board of
Trustees authorized to put out said work by contract to tho
lowest bidder.
INDIAN AI) ST. JOHN'S I IVER CANAL.
I would call your attention to the very able report of the
Hon. Win. A. Forward, chairman of tile Board of Canal
Commissioners of Indian and St. Johns river Canal, which
is herewith anuexed.
The Canal is named in the 4th section of the Internal Im-
provement law as a proper object to be aided from the In-
ternal Improvement lFund, and the 17th section indicates the
amount of said aid and the conditions under which it is to be
derived. By r.-f- r.i':-.-, to the report of the chairman, it will
be seen that tile Board of Commissioners have complied, on
their part, with all the requirements of the law and only
await the action oft the Trustees to enable them to commence
the work. The Canal is regarded by those in whose judg-
ment I confide as not being second in importance to any
work contemplated by the Internal Improveenmut system,
and worthy of the fostering care of the State. The most of
the Internal Improvement Fund comes from the Peninsula









25

of Florida, and the region in which it is proposed to con-
struct the Canal lays no claim to a railroad.
TIE TRUST FUND.
This Fund is pledged to pay the interest as it may become-
due on all the bonds issued by any Railroad Company con-
structing any portion of the several lines of road indicated in
the 4th section, under the provisions of the Act to provide
for and encourage a liberal system of Internal Improvements
in this State," at the rate of ten thousand dollars per mile,
for the purchaseof iron rails, spikes, plates, chairs and equip-
ments, whilst in progress of construction, and after comple-
tion, should any of the Companies fail to supply the interest
upon their bonded debt from the net earnings of the traffic of
their roads-(See sections 3, 4, 8, 13, 27, Int. Imp. law.)
Thus it will be seen that in any event the entire Trust
Fund is pledged to pay the interest as it may become due on
all the bonds issued by any Railroad Company(constructing
any portion of the lines of road contemplated,) under the
provisions of the Internal Improvement law.
That the ten or twelve million acres of land which con-
stitute the Internal Improvement Fund are intrinsically of
great value will not be questioned, but whether the Trustees
will be able to meet promptly the interest as it may become
due upon the bonds issued under the provisions of the Inter-
nal Improvement law, is problematical. It was doubtless
the opinion of the framers of the law that the Trust Fund
would prove amply sufficient to meet promptly all drafts up-
on its treasury incident to the construction of the several ob-
jects of internal improvement therein named; and it will
prove more than sufficient if it can be made available to meet
the rapidly increasing interest account upon the bonds issued
and being issued to the "different Companies under its pro-
visions. These bonds, it is presumed, have chiefly passed
into the hands of third parties, who, in purchasing, relied
upon the good faith of the Trustees to meet their engage-
4









26

ments promptly, and the right of the Trustees to continue to
guarantee the interest upon the bonds of the different Com-
panies, without a reasonable probability of being able to pay
the interest as it may become due, involves a high moral
question at least. Besides, equity and justice demands that
the Fund should be so husbanded, if possible, as not only to
be able to meet promptly its present liabilities, but to extend
also the same facilities in the construction of the unfinished
portions of the several lines of road contemplated by law
that have been enjoyed by the different Companies up to
the present. The unfinished lines of road constitute, in the
judgment of many, as important a feature in the system, and
will confer as great benefits to the citizens in the districts of
country penetrated, and add as much to the wealth and im-
portance of the State, as the lines of road now in progress of
construction. The Fund is a common one, in which every
citizen of the State has a direct interest, and the system must
be regarded as incomplete as long as a single mile of road
remains unfinished. That this sentiment will be responded
to by every good citizen in the State I do not entertain a
doubt, but how it is to be accomplished is a question more
easily asked than answered.'
Should the Companies of the several lines of road now ra-
pidly approaching a completion be able to supply the inter-
est on their bonded debt after completion, the way is clear.
The assets of the Fund, together with the sums accruing from
the sale of lands, will perhaps be sufficient to provide the in-
terest as it may become due on all the bonds that can be is-
sued under the provisions of the law to complete every mile
of road.
The different Companies have now issued (Bridge. bonds
included,) above two million of bonds, which amount will
soon be increased to three and a half million, requiring'
-.'i 1,1 II annually for interest-a greater sum than the Fund
can probably supply, unless the sums accruing from the
sale of lands should increase, or the different Companies
should be able to provide for or very materially aid in the










payment of interest as it may become due. The history of
railroads would seem to preclude the hope of success to all
the different Companies in a sufficient degree to enable them
at first to provide the sinking fund and interest upon their
bonded debt from the net earnings of the traffic of their
roads, and anyr considerable failure on their part to make
such provision, or increased issuance of bonds by the Com-
panies, would very soon exhaust the treasury of the Trust.
Fund and bring discredit upon the guaranteed bonds to such
extent as to render them unavailable in the construction of
the unfinished lines of road.
I may have presented the dark side of the picture, but the
subject is one of great importance, affecting the vital inter-
ests of the State, and should be carefully examined in all its
bearings, and such action had as will most certainly enable
the Fund to accomplish successfully every object of Internal
Improvement contemplated by the law, and meet promptly
all obligations incident thereto.
As a means of accomplishing this desirable end, I would
respectfully suggest that the Legislature instruct the Trus-
tees to receive the bonds of the several Railroad Companies
that have accepted the provisions of the Internal Improve-
ment law, upon which the interest has been guaranteed by
them under its provisions, for any lands belonging to the
Trust Fund, at the prices now fixed, three months notice of
said intention having been given through the principal
newspapers in the different sections of the State. As before
stated, the lands are now pledged for the payment of in-
terest whilst the roads are in course of construction, and,
after completion, should the companies be unable to supply
the interest upon their bonds from the net earnings of the
roads. Should the companies be unable to provide the in-
terest, all sums which may accrue from the sales of land,
&c., will be absorbed in I i.:it. of the same, the com-
panies assigning stock to the Trustees for the sums thus
paid. The lands are variously rated at from one to ten dol-
lars per acre, and should the least valuable be selected, it








28

would only require about three million acres to take up all
the bonds that may be issued by the different companies for
the several lines of road now rapidly approaching comple-
tion, and would leave still nine million acres of land to the
Trust Fund. Could the Trustees exchange lands for the
bonds of the different companies upon the terms above indi-
cated, all sums accruing from the sales of land, together
with the net earnings of the roads, deducting one per cent.
for sinking fund, would perhaps constitute a fund adequate
to provide the interest for every mile of road, as contem-
plated by the Internal Improvement law. The officers of
the several companies should be required to report to the
Trustees scmi-annually, under oath, the operations of the
roads, and to pay into the treasury of the Trust Fund one
per cent. for the sinking fund and the interest upon their
bonded debt, provided so much be realized from the net
earnings of the roads, in accordance with the provisions of
the law, and assign to the Trustees stock from time to time
for all deficiencies that may occur from non-payment of in-
terest upon the bonds of the companies held by the Trus-
tees.
CODIFICATION OF THE LAWS.
I desire to call attention of the General Assembly to the
condition of the statute law of the State. The several Legis-
latures since the compilation of Thompson's Digest, in the
year 1S47, have made additions and amendments of the
most important character to our statutes, and laws have
been repealed and re-enacted in such a manner as neces
sarily to produce confusion. These statutes, moreover, are
scattered throughout a number of pamphlets in a most in-
convenient and inaccessible form, so that it requires the
most diligent research and much legal knowledge to ascer-
tain what our statute laws are on many subjects of impor-
tance, if indeed such information can be satisfactorily ob-
tained at all. This is undoubtedly a great evil. One of the
first objects of the government under our political system








29

should be to make the laws 'plain and easily accessible to
the whole body of the people. 01 this depends the proper
administration of justice, the regularity of legal proceedings
and the direction and security of the people in their busi-
ness transactions. From these considerations I am im-
pressed with the necessity of a new digest, or a digest and
code of laws for our State. A digest of our existing statutes
is necessary at this time, and as a codification of our laws
would cost but little more and be of much greater advan-
tage, I suggest that it would be decidedly preferable to com-
bine the two objects, if such can be done. The old statutes
of the Territory and State are in many respects defective,
both as to form and substance, and a regular, consistent and
simple code, based in principle and policy on our existing
statutes, could be substituted for them with much advan-'
tage. I believe that most of the other States have adopted
this method. and found it of the greatest utility. The bene-
fits of such a revision and compilation will be experienced
most, perhaps, by the body of the citizens and the numner-
ous subordinate officers of the government throughout the
State, though to the higher judicial, legislative and execu-
tive functionaries it must be of great use and convenience.
Such a compilation can be made on a concise and economi-
cal basis, and I know of no object for which the same
amount can be expended more to the benefit of every indi-
vidual member of the State. I ask your attention to the
.subject at this time, because postponement will but increase
the difficulty and expense of that which must ultimately be
done, and prompt attention to the matter will prevent much
embarrassment, uncertainty and confusion, which is inevi-
table in the present condition of our statutes.
LUNATIC ASYLUM.
"In my annual message I invited your attention to the
subject of a Lunatic Asylum in language as follows: "I am
advised that there are at the present time several insane per-
sons in the State who will probably be sent off to asylums








30

in other States as soon as the requisite judicial proceedings
are had. Some of these persons have estates adequate to
the expenses of their maintenance, but others are destitute
and must be chargeable to the State. It is due to the State
and to humanity that some more permanent provision
should be made for this unfortunate class of persons, and to
"this end I have consulted some experienced mechanics, and
have been advised that a building of suitable dimensions
for the accommodation of 35 or 40 subjects may be erected
and completed in the most desirable manner for about
twenty thousand dollars, ($20,000,) and that it may be so
constructed as to admit of enlargement by the erection of
other buildings as may be necessary or desired. I there-
fore earnestly recommend that the initiatory steps be at once
taken, by the passage of an act providing for the erection of
a building which mayform th e nucleus of a well-appointed
asylum, adequate to the wants and comfort of this class of
the afflicted of our own State; that it be provided in such
act that such lunatics or insane persons as have estates ade-
quate to their maintenance be charged therewith, at such
rate as the General Assembly may think just and right, and
that the State be charged with the maintenance of such only
as are destitute." The current annual expense for the main-
tenance of lunatics in other States is -.'',. 61, which is
equal to the interest on thirty-seven thousand six hundred
and sixty-five dollars 85 cents, ($37,665 85,) at 7 per cent.
As this item is gradually increasing, it would be better, on
the score of economy even, to provide a suitable building
for this unfortunate class of persons in our own State. I
earnestly recommend this subject to your serious attention.
FEDERAL RELATIONS.
Prominent among the purposes for which the Union was
formed and its Constitution ordained," as announced by its
patriotic founders, was "to insure domestic tranquillity."
As regards this purpose, passing events go to show that the
work of the statesmen of 1787 is likely to prove a melan-










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









32

since the IIarper's Ferry catastrophe, exhibit an unmistakable
purpose of continuing in power.
Its two great engines of influence, the press and the pulpit,
are daily becoming more insulting and aggressive towards
our institutions and people. What else, then, have we to
expect, while the Union continues, but the repetition, no
one can say when, where, how often, or with what bloody
issues, of attempts like that lately thwarted in Virginia ?
It is worthy of a passing thought, that though African
slavery is no longer an institution of most of the leading
powers of Christendom-several of them, in whose domin-
ions it once existed, having abolished it-yet none of them
show any disposition to interfere with its existence here.
The only States that threaten our peace, are States united
with us by that bond of Union, the Constitution, designed
to throw its fegis of protection over all.
Great Britain, much as she has done and suffered in the
cause of abolition, and though her flag waves over her own
soil, nearly within sight of the southern coast of Florida,
attempts nothing for the disturbance of our repose. She
knows too well, and recognizes too fully, the obligations of
International comity. We neither fear her, nor have rea-
son to fear her. Our aggressions come from quite other
than foreign sources. They come from men who madly
think, that because connected with us in our Republic,
they are answerable for our sins, and authorized, by virtue
of this responsibility, to wage a war of extermination a-
gainst ouijnstitutions.
You will find no difficulty in perceiving the drift of
these reflections, nor do I consider it becoming either in
myself or the occasion to deal in language of doubtful im-
port.
True, Florida, as the youngest and least populous of the
Southern sovereignties, can only follow in action the lead
of her sisters, yet this constitutes no reason why, at a time
demanding the freest conference and frankest expression
among those joined by a common'destiny, she should









'33

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









"u34,
we should not be wholly unprepared. Our State has been
so far happily exempt from those frightful tragedies enac-
ted elsewhere, but the same elements of mischief exist
among us, and our peace and security may be disturbed by
the same causes which have operated in other places. Such
apathy and indifference has been manifest in relation to
the laws regulating and governing the militia that I am at
a loss to suggest a course by which the evil would be rem-
edied.
But in view of the pressing emergency for a thorough
organization, I would respectfully recommend that all the
militia offices in the State be vacated, that the Governor
be required to order an election at an early day to fill every
militia office in the State, that he be empowered to fill by
appointment all vacancies that might occur by a failure of
the citizens to elect, and the officer or officers thus appoin-
ted, to be compelled to serve under penalty, for twelve
months from the date of said appointment. In order to en-
courage the organization of volunteer companies through-
out the State, I would recommend that provision be made
by which all persons subject to militia duty might commute
the same by the payment of a 2er capital tax annually,
which sums should constitute a fund to arm and equip the
volunteers companies; provided said companies should
drill at least twelve days in each year.
The laws governing the militia should be so amended as
to insure a summary collection of all fines imposed by
courts martial, and should apply to the volunteer compa-
nies as well as the militia.
Desiring that your actions may redound to the public
good, I invoke the blessings of Divine Providence upon
your deliberations. il. S. PERRY.

On motion of Mr. Davidson, ordered that a thousand copies of the
Message be printed for the use of the House.
Mr. Brevard moved that a committee of five he appointed to take
into consideration the condition of our relations as a State with the









35

Federal Government, and to report resolutions expressing the senti-
ments of this House in regard to the same-and also expressing an
opinion as to the course which it behooves the people of Florida,
and throughout the South to pursue should a Black Republican be
elected to the Presidency;
Which motion was adopted, and Messrs. Brovard, Barrett, Whit-
field, Robinson and Starke, were appointed as such committee.
On motion of Mr. Williams of Leon, the use of the Hall of the
House of Representatives was granted to the Odd Fellows for their
celebration on Wednesday next.
The following communication was laid before the House by the
Speaker:
HOUSE OF REPRESENTATIVES,
November 28th, 1859.
Hon. Joix B. GALBRAITI,
Speaker of the House of Representatives:
Sir : I hereby tender my resignation of the office of Clerk of the
House of Representatives, to take effect so soon as my successor
shall be elected and qualified.
With the highest respect for yourself and the honorable body over
which you preside, I am, sir,
Your and their obedient servant,
R. B. HILTON.
Which was read.
On motion of Mr. Barrett, the House proceeded to the election
of Clerk.
Mr. Barrett nominated Mr. Edgar M. Graham.
The vote was:
Fol GRAIIAM-Mr. Speaker, Messrs. Barrett, Bird, Bissell, Bre-
vard, Brinson, Campbell, Church, Coffee, Davidson, Erwin, Evans,
Frink, Heermans, Iughey, IHunt, Kenan, Mickler, Munn, Nicks,
Peacock, Richardson, Robinson, Smith, Starke, Vogt, White, Whit-
field and Williams of Leon-29.
Mr. Graham was declared duly elected Clerk.
Mr. Graham received the oath of office from F. C. Barrett, Esq.,
Notary Public, and thereupon entered upon the discharge of its
duties.
The Speaker laid before the House the following communication:
QuINCY, FLORIDA, Nov. 28th, 1859.
Hox. JoHN B. GALBRAITI,
Speaker of the House of Representatives :
DEAn SIR: As it is not convenient for me to fill the place of As-
sistant Clerk of your honorable body this session, I hereby resign









3G

the same, at the same time feeling thankful to yourself and members
of the General Assembly for past favors.
I remain, respectfully,
R. M. QUINN,
Ass't. Clerk House Representatives.
WhichI was read.
The Speaker suggested the absence of the Engrossing and En-
rolling Clerks.
On motion of Mr. Williams, a committee consisting of Messrs.
Whitfield, Kenan, Richardson, Bird and Church, was appointed to
investigate the qualifications of candidates for the offices of Assistant
and of Engrossing and Enrolling Clerks.
The following communication and accompanying documents were
received from the Governor:
ExE:cUcTve DEPraR.TM-TT,
November 29th, 1859. (
Gcndccmze of lie Senate an.d IIo'.?e of Representatives :
I comiunmicate herevwi'ih copy of iResolutions passed ly thl
LegislatuCr of ( anorgia, and copies of letters addressed to the Exec-
utive of the State, and to Col. D. C. Campbell, who I:s been ap-
pointed to confer with me in reFerence to the difficulties growing out
of the unadjusted boundary line between Florida and Georgia.
I have not hesitated to express to Col. D. C. Campbell, in a re-
ciprocal spirit, my desire to maintain a good understanding and
friendly relations between the people of the two States, and to as-
sure him that this Department will not fail to adopt such measures
as may be needful to prevent any difficulties that may be appre-
hended on the border.
Under the resolutions of the last session, ratifying the action of
the Executives of the two States, in adopting the terminal points of
the present recognized line, I have appointed a competent Surveyor
to unite with a Surveyor on the part of Georgia, in running and
marking the line between the two States. It is therefore expected
that all ground of difficulty will be removed at an early date, and
the controversy which has heretofore existed be finally put to an
end. It is, however, apprehended, that in the final establishment of
the line, litigation may arise in respect to the title of land which
may fall within the jurisdiction either of Georgia or Florida, and I
am assured that with respect to any litigation which may occur in
Georgia, the Executive of that State will recommendto the General
Assembly such legislation as may be necessary to perfect titles in
the hands of bona fide holders. I would respectfully recommend to
your favorable consideration such action as you may deem best to
effect a similar purpose, so far as this State has any jurisdiction
over the subject.
I would, however, suggest that, in all probability, if any land











Hall fall within the jurisdiction of this State, in the final designi-
tion of the line, the title would more properly attach to the United
States, in which event this State could do no more than unite with
Georgia in an application to the Federal Government for the a-
doption of such measures as would most effectually secure the end
desired.
With respect to any Criminal Prosecutions that may grow out of
conflicts between those residing in the disputed Territory, I deem it
proper to observe that I shall be animated by the same spirit, and
pursue the same course, if need be, proposed by the Executive of
Georgia, and if ths General Assembly shall deem it necessary to
clothe the Executive with further power for that purpose, I respect-
fully recommend the proper action to that end.
Very respectfully,
M1. S. PERRY.

[coPY.]
ExacrTIvE DREPArFTaMET,
MItLLEDGEVILLE, Ga., Nov. 23d, 1859.
His Excellency MADIsON S. PERRY, Governor of Florida:
DEAR SIR : Allow me to introduce to you the hearer of this, Col.
D. C. Campbell, of this city. Col. Campbell has been appointed
by me a Special Agent on the part of this State, under a resolution
of its General Assembly, to visit and confer with you in relation to
existing and anticipated difficulties growing out of the unadjusted
question of the boundary line between the States of Georgia and
Florida. The resolution under which he is appointed will be shown
to you by him. It evinces, as you will perceive, the solicitude of
Georgia for the maintenance of good neighborhood between the two
contiguous States, and her determination, while the boundary re-
mains unadjusted, to do all in her power to repress agitation and
prevent excitement.
The Agent on the part of the State will submit to you suggest,
tions emanating from this Department, and will cordially entertain,
and to the extent of his authority act upon, any that may be sub-
mitted by you. Entertaining the hope that the result of this agency
will prove beneficial to the interests of both States, I am,
Very respectfully, your ob't serv't,
JOSEPH E. BROWN,

[coPy.]
EXECUTIVE DEPARTMENT,
MIILLEDGEVILLE, Ga., Nov. 23d, 1859.
To Col. D. C. CAMPBELL:
DEAR SIR: In pursuance of the resolution of the General Assem..









38

bly under which you have been appointed a Special Agent to visit
Tallahasseo and confer with the Executive of Florida, you will, at
your earliest convenience, enter upon the duties confided to you.
You will express to the Governor of Florida the solicitude of the
General Assembly of Georgia and of this Department to maintain
uninterrupted the kindly relations that have heretofore existed be.
tween ths people of the two States, and which unfortunately have
recently been disturbed in certain sections, growing out of the unad-
justed boundary line that divides them.
You can tender to him the assurance, that every effort in the
power of this Department will le put into exercise, not only to have
the boundary line settled as early as practicable, but to prevent, till
that object shall be accomplished, any of the difficulties or animosi-
ties that may be apprehended among the people residing in that
region through which the line of boundary may ultimately be estab-
lished. To this end you can assure his Excellency, that, should liti-
gation take place in the Courts of this State in relation to lands
under Florida grants, which, when the boundary line shall be desig-
nated, shall fall under the jurisdiction of Georgia, that this Depart-
ment will recommend to the General Assembly of this State such
legislation as may be necessary to perfect titles in the hands of
bonafide holders; and you can also assure him, that, should criminal
prosecutions growing out of conflicts between those residing in the
disputed territory be instituted in any of the Courts of Georgia, that
this Department will request that nolle prosequics be entered.
You will ask the Executive of Florida, on his part, to reciprocate
these efforts to maintain peace and good order among the borderers,
and protect titles in bona fide land owners.
In short, you will confer fully with the Governor of Florida in re-
lation to all existing and anticipated matters of controversy among
the borderers, ascertain his views in regard to the best mode of
quieting, removing or preventing them, and freely pledge the co-ope-
ration of the authorities of Georgia in all reasonable efforts to ac-
complish objects so desirable.
The result of your mission you will report to this Department.
Very respectfully,
Your obedient scrv't,
JOSEPI E. BROWN.

VNJIEREAS, There is likely to occur serious border difficulties be-
tween the citizens of Georgia and our sister State of Florida, on
account of a conflict of jurisdiction of the Courts of the two
States, involving the sovereignty of said States; AxD WIrIEAs,
It is incompatible with the character of the two governments, be-
tween which the most friendly relations should exist, that any col-
lision should occur between the citizens thereof,
Be it resolved, therefore, by the General Assembly, That the










39

Governor be authorized to appoint a Special Agent to visit Talla-
liassee, the seat of government of the State of Florida, to confer
with the Executive of the said State of Florida, and to enter upon
such negotiations as will restore quiet and prevent bloodshed be-
tween the citizens of said States, until the boundary line of said
States is adjusted and agreed upon.
I. T. IRWIN,
Speaker HIouse of Representatives.
S. L. GUERRY,
President of the Senate.
In Senate, read and agreed to Nov. 19th, 1859.
FRED. H. WEST,
Secretary of Senate.
In House of Representatives, Nov. 19th, 1859.
JAS. J. DIAMOND,
Clerk of House of Representatives.
Assented to November 22d, 1859.
JOSEPH E. BROWN,
Governor.

STATE OE GEORGIA, EXECUTIVE CHAMBER,
MILLEDGEVILLE, NOV. 28d, 1859.
I, Henry H. Waters, Secretary of the Executive Department, do
hereby certify that the within and foregoing, is a true and perfect
copy of an original Joint Resolution framed by the General Assem-
bly of this State, and signed in this Department, on the 22d day of
November, A. D., 1859.
Given under my hand, and the seal of the Executive De,
[SEAL.] apartment, the day and year first above written.
(Signed.) H. H. WATERS,
Secretary Executive Department.

Which were read.
On motion of Mr. Whitfield, the message and documents were
laid on the table for the present and 100 copies ordered to be printed.
The following communication was received from his Excellency,
the Governor:
EXECUTIVE DEPARTMENT,
Tallahassee, November 29th, 1859.
Hon. JoIIH B. GALBRAITII,
Speaker of the House of Representatives:
Sin: I respectfully recommend the following nominations for the
advice and consent of the General Assembly: William D. Maclay
and George Brockenbrough, Weighers of Cotton for the city of
Apalachicola. Very respectfully,
M. S. PERRY.









40

Which was read.
On motion of Mr. Whitfield, the nominations were advised and
consented to.
Mr. Erwin moved that the thanks of the House be tendered to
Mr. Hilton, late Cleik, for the efficient discharge of his duties;
Which motion was adopted unanimously.
On motion of Mr. Frink, the House adjourned until Thursday
morning, 10 o'clock.


STANDING RULES OF TIE HOUSE.
RULE 1. The speaker shall take the Chair every day, pre-
cisely at the hour to which the House shall have adjourned
on the preceding 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. IHe shall rise to put the question, but may state it
sitting.
4. No member shall speak to any other, or otherwise in-
terrupt the business of the House, or read any newspaper, os
other paper while the Journals or other public papers are
being read, norpass between the Speaker and any other
member who may be addressing the Iouse.
5. Every member, when he speaks, shall address the
Chair, standing in his place, and when he has finished shall
sit down; nor sTall 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 until 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 exceptionable words shall be immediately taken do"'wn in
writing by the person J..)1 li.... that the Speaker may ib
better able to judge of the matter.









41

no inmiibet shall absent hlihself from the service of tlh8
house without leave of the House; and in case a lessnumbef
than a quorum shall convene, they are hereby authorized to
send the Sergeant-at-Arms for (ahy or) all absent members,
as the majority of such members present shill agree, at the
expense of such absent members respectively, unless such
excuse for non-attendance shall be made as the House (when
a quorum is convened) shall judge sufficient.
10. No motion shall be debated until the same shall be
reduced to writing, delivered in at the table, read and
seconded.
11. When a question is under debate, no motion shall be
received but to adjoltin, to lay it oh 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 arranged and the motioii for ad-
jourriment shall always be iii order, and the motions to ad;
joui-n or lay on the table'shall be decided without debate.
12. If the question in debate contains several points, any
member may have the same divided.
13. In filling up blanks; the largest suing 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 bj two of
the members prescht, every member within the bar of the
House at the time the question was put by the Speaker, shall
(unless for special ileasons he be excused by the House,) de-
clare openly and without debate his assent or dissent to the
question. In taking the yeas and nays, ahd, upoli the call of
the House, the naines of the members shall be taken alpha-
betically, and the Speaker shall in all cases vote first.
16. No member shall be permitted to vote on any question
who was without bar of the House at the time the question
was put, unless by consent of the House, arid no motion to
permit such member to vote shall be in order, unless it shall
e 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 discus-
sion the public safety may, in the opinion of the House, im-
periously require secresy, the House shall direct the Speaker
to cause the lobby to be cleared, and, during the discussion
6









4S

of such business, the door shall remain' shut, and no person
shall be admitted except by special order of the House.
18. The following order shall be observed in taking up the
business of the House, viz: 1st, motions ; 2d, petitions, nmemo-
rials and other papers addressed either to the IIouse or to,
the Speaker thereof; 3d, resolutions; 4th, reports of Standing
Committees ; 5th, reports of Select Conmmittees ; 6th, messa-
ges from the Senate lying on the table ; and, lastly, orders of
Ihe day.
19. When a question has once been_ mnde and carried in
the affirmative or negative, it shall be in order for any mem-
ber of the majority to move for a reconsideration thereof::
but no motion for the reconsideration of any vote shall bein
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 decion ; nor
shall any motion for reconsideration be in order unless made
on the same day on which the vote was taken, or within the
two next days of the actual session of the House thereafter.
20. All questions shall be put by the Speaker of the House,
and the members shall signify their assent or dissent, by an--
swering viva roce, yea or nay, and in the event of a tie, the
question shall be decided in the negative.
21. The Speaker of the House, or the Speaker pro tenm.
shall have the right to name a member to perform the duties
of the Chair, but sch substitution shall not extend beyond
an adjournment.
22. Before any petition, memorial or other paper address-
ed either to the House or the Speaker thereof, shall be receiv-
ed and read at the table, whether the same be introduced by
the Speaker or a member, a brief statement of the contents
of the petition, memorial, or other paper, shall be made by
the introducer.
23. One day's notice at least shall be given of an intended
motion for leave to bring in a bill, and no bill shall be writ-
ten or printed except by express order of the House.
24. Every bill and all resolutions of a public nature, or for
the appropriation of the public money, shall receive three
readings previously to the final passage of such bill or resolu-
tion, and the Speaker shall give notice at each whether it be-
the first, second or third readings, 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!









43
le in order for any member to move its comnmitnmet 'to a
Committee of the whole House; thatit lay on the table; for.
its indefinite postponement; for its postponement to a day
certain, not beyond the session; for its commitment to a Stan-
ding Committee ; to a Select Committee ; or to amend ; which
motions shall have precedence in the order above stated.
26. It shall not be in order to amend the title of any bill
4r resolution until it shall have passed its third reading.
97. The titles of bills, and such parts thereof only as shall
be affected by the proposed amendments, shall be inserted
on the journals.
28. The following Standing Committees, to consist of not
less than five members each, shall be appointed by the Spea-
ker at the commencement of each session, with leave to re-
port, by bill or otherwise, viz: A Committee on the Judiciary;
a Committee on the Militia ; a Committee on Finance and
Public Accounts; a Committee on Claims; a Committee on
Schools and Colleges; a Committee on Internal Improve-
ments ; a Committee on Enrolled Bills and Engrossed Bills;
a Committee on Elections ; a Committee on Propositions and
,Grievances; a Committee on Federal Relations ; a Committ e
on Corporations ; a Committee on Indian Affairs ; a Commit-
-tee on Agriculture; a Committee on Commerce and Naviga-
tion ; a Committee on Taxation and Revenue, and a Commit-
tee on the State of the Commonwealth.
29. All confidential communications made by the Gover-
nor to the House, and all business in the consideration of
which the injunction of secresy shall have been imposed, shall
be by the members thereof kept secret, until thl House by
its resolution shall take off the injunction of secrecy.
30. Each member of Select Committees shall, with their
Chairman, sign every report made to the House, if they
concur therein.
31. Messages may be received at any stage of the busi-
ness, except while a question is being put, or while the
yeas and nays are being called.
32. The Governor and Secretary and members of the Se-
nate shall be admitted to a seat within the bar of the House,
and any other person shall be admitted in like manner, up-
on being invited by a member.
33. The Clerk, Sergeant-at-Arms and Door-Keeper shall
be severally sworn by a judicial officer of the State, well and
faithfully to discharge their respective duties, and to keen











Secret the proceedings of the House, when sitting with
closed doors.
34. All acts, addresses and joint resolutions shall be signed
by the Speaker'; and all writs, warrants and subpoenas i-su-
ed by order of the H1ouse, 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 the power to order the same
to be cleared.
36. Reporterswishing to take down the debates and procee-
dings, may be ld in it J.1 by the Speaker, who shall assign such
places to them on the floor, or elsewhere, as shall not inter-
fere with the convenience of the Hlouse.
37. No member shall vote on the question in the event of
which he may have a private or personal interest.
38. After a motioil is stated by the Speaker or read by the
Clerk, it shall be deemed in possession of the House, but
may be withdraw at any time before a decision or amend-
ment.
39. The previous question shall be in this form; Shall
the main question be now put ?" and shall be decided by a
majority of the members present, without debate; and until
it is decided shall preclude all amendments, and further de-
bate of the main question.
40. When a question is postponed indefinitely, the same
shall not be acted upon gain during thesession.
41. No motion or proposition on a subject different from
that under consideration, shall be admitted under color o.f
amendment.
42. The unfinished business in which the louse was en-
gaged at the adjournment, shall have the preference in the
orders of the day, and no motion on any other business shall
be received without special leave of the House, until the for-
mer 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 Sergeant-at-Arms.
44. When a member shall be discharged from custody and.









45
admittedd to his seat, the House shall determine whether such
discharge shall be with or without paying fees.
45. It shall be the duty of the Committee of Elections to
examine and report upon the certificates of election, or other
credentials, of the members returned to serve in this House,
and to take into their consideration all such petitions and
other matters touching elections and returns as shall or may
be presented or come into question, and be referred to them
by the House.
40. No committee shall sit during the sitting of the House,
without special leave.
47. All bills ordered to be engrossed, shall be executed,
in a fair, round hand, and without erasures or interlinea-
tions.
48. Before a bill or resolution requiring three readings
shall be read the third time, it shall be carefully engrossed
under the direction of the Clerk, and iipon the third reading
of the bill or resolution, it shall not be committed or amended
without the consent of three-fourths of the House.
49. No amendment, by way of rider, shall be received to
any bill on its third reading.
50. When a bill or resolution shall have passed its third
reading it shall be certified by the clerk, endorsing thereon
the day of its passage, and be transmitted to the Senate ac-
companied with a message stating the title of the bill or res
solution, and asking the concurrence of that body, and its
transmission shall be entered upon the Journal,
51. Bills committed to a committee of the whole House
shall be first read throughout by the clerk, and then again
read and debated by clauses, leaving the preamble to be last
considered; the body of the said bill shall not be interlined
and defaced, but all amendments, noting the page and line,
shall be duly entered by the clerk on a separate paper, as
the same shall be agreed to by the committee, and so repor-
ted to the House. After report, the bill shall again be sub-
ject to be debated and amended by clauses.
52. It shall be in order for the Committee on Enrolled and
Engrossed Bills to report at any time.
53. Messages shall be transmitted to the Governor and Sen-
ate 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, be









4r-f

re.sdnded or suspended, unless two-thirds of the members
present so direct.
55. That upon the adjournment of the General Assembly,
the Clerk ofthe House shall be required to file in the office
of the Secretary of State. all papers on file with him relating
to unfinished business, all ori -inal papers and Journals of the
House, and that he be required to obtain a certificate from
the Secretary of State that such ihas been done and file the
same with the Treasurer before receiving his compensa-
"tion.
56. In all cases not provided for by these Rules, parlia-
mentary practice as laid down in Jefferson's Manual, is here-
by adopted.




THURSDAY, December 1, 1859.

The House met pursuant to adjournment.
On calling the roll the t'ullowng gentlemen answered to their
names, to-wit:
Mr. Speaker, Messrs. Barrett, Bird, Brinson, Campbell, Christie,
Church, Clyatt, Coffee, Davidson, Erwin, Evans, Frink, Gettis, Gil-
lis, Heermanas, Hunt, Ingram, Kenan, McNeill, Mickler, Munn,
Nicks, Peacock, Richardson, Roberts, Robinson, Smith, Starke,
Vogt, White and ;.r.,-.
So there was a quorum present.
Rev. Mr. Branch officiated as Chaplain.
On motion of Mr. Gettis, Mr. Johnston of Sumter, member elect,
presented his certificate and was duly sworn in by F. C. Barrett,
Esq., Notary Public.
Mr. Vogt moved that the members be furnished with copies of
the Acts and Resolutions of the last General Assembly and copies
of the Constitution, and that copies of Thompson's Digest be fur-
nished to the Chairmen of Standing Committees;
Which motion was adopted.
Mr. Kenan moved that the Speaker appoint another member in
the place of Mr. Whitfield, who was absent, on the Special Com-
mittee to inquire into the qualifications of applicants for Clerkships;
Which motion was adopted, and Mr. Yogt appointed in place of
the absent member.
The rule having been waived, the following bills were introduced
without previous notice:
By Mr. Clyatt:









47

A bill to he entitled an act concerning Pilots and Pilotage a the
port of Cedar Keys.
By Mr. Smith :
A bill to be entitled an eat to change the name of George Gibhb
Smith, to that of George Garey Smith;
A bill to he entitled an net to change the name of George Frishy
to that of George Reuben Frisby; and
A hill to be entitled an act for the relief of Aaron Geiger, of
Clay county.
Which bills were ordered to be placed among the orders of the
day.
Notice of the introduction of bills at some future day was given
by the following gentlemen, viz:
By Mr. Bird:
A bill to be entitled an act to empower Thomas J. Ch:ce, of Jef-
ferson, to assume the management of his own business.
By Mr. Davidson:
A bill to be entitled an act in relation to .the Prbate Courts of
this State; ind
A hill to be entitled an act to amend the Charter of the Town of
Quincy so as to extend the corporate limits thereof one mile south-
ward from the Court House of said town.
By Mr. Johnston:
A bill to be entitled an act granting Retail Licenses in the County
of Somter;
A bill to be entitled an act fixing and defining the Boundary Line
between the Counties of Hernando and Sumter;
A bill to be entitled an act aniendatory of an net to provide for
the payment of certain Volunteer Companies therein named, approved
January 5th, 1859. and for the relief of Captain McCloud'r
Company of Mounted Volunteers;
A bill to be entitled an act to provide for the payment of the Flor.
ida Volunteers for the time during which they did service under re-
quisition of the Governor before mustered into service.
By Mr. Mickler:
A bill to be entitled an act to establish the fees of Notaries Public
in the County of St. Johns;
A bill to be entitled an act to amend the Charter of the city of
St. Augustine.
By Mr. Galbraith:
A bill to be entitled an act to provide for the Digest of the Statutes
and the Compilation of a Code of Laws for this State.
By Mr. Vogt:
A bill to be entitled an act authorizing John S. Addison, a minor,
to assume the management of his own estate.
By Mr. Robinson:











A lill to be entitled an act for the relief of Samuel B. Willifiord
of Jackson County.
By Mr. McNeill:
A bill to be entitled an act to provide for the payment of John'-S
Addison's detachment of Mounted Volunteers in 1856.
Mr. Gillis presented a petition from John Carroll, of Alachua
County, asking the passage of a law authorizing him to adopt as his
heir-at law Francis Baxter, ah orphan, and changing the name of
said Francis Baxter to that of Francis John Carroll;
Which was read and oil motion, referred to the Committee on
Propositions and Grievances.
Mr. Gillis also presented a petition from sundry citizens of' Putnani
County, asking the passage of a law to compel all Free Negroes or
Free Persons of color to leave tho State or select masters as now
provided by law.
Which was read and on motion, referred to the Committee on the
Judiciary.
The rule having been waived, Mr. Barrett was allowed to make
the following motion:
That so much of the Governor't Message as refers to State Loan
be referred to the Standing Committee on Finance and Public Ac-
counts;
That so much of said message as relates to Internal Improve-
ments be referred to the Standing Committee on Internal Improve.
ments;
That so much of said message as relates to Lands granted by
Congress to aid in the construction of Railroads be referred to the
Conimittee on Federal Relations i
That so much of said message as relates to the Draining of the'
Swamp and Overflowed Lands on tle Oclawalia river be referred to
the Committee on State Lands;
That so much of said message as relates to the Indian and St.
Johns River Canal be referred to the Committee on Internal Im-
provements ;
That so much of said message as relates to the Trust Fund be
referred to the Committee on Finance and Public Accounts;
That so much of said message as relates to a Codification of the
Laws be referred to the Committee on the Judiciary;
That so much of said message as relates to a Lunatic Asylum be
referred to the Committee on Propositions and Grievances;
That so much of said message as relates to Federal Relations be
referred to the Committee on Federal Relations;
That so much of said message as relates to the Militia and Patrol
Laws be referred to the Committee on the Militia;
Which motion was adopted.
Mr. Kenan, according to previous notice, introduced a bill to bs'
entitled an act in addition to an'act concerning Dower;










49

Which was placed among the orders of the day.

ORDERS OF THE DAY.

A bill to be entitled an act concerning Pilots and Pilotage at the
port of Cedar Keys,
Was read the first time, the rule waived, read a second time by
its title and, on motion of Mr. Gettis, referred to the Committee on
Commerce and Navigation.
A bill to be entitled an act in addition to an act concerning Dower,
Was read the first time and ordered for a second reading on to-
morrow.
A bill to be entitled an act to change the name of George Frisby
to George Reuben Frisby,
Was read the first time, rule waived, read a second time by its
title and ordered to be engrossed for a third reading on to-morrow.
A bill to be entitled an act to change the name of George Gibbs
Smith to that of George Gary Smith,
Was read the first time, the rule waived, read a second time by
its title and ordered*to be engrossed for a third reading on to-mor-
row.
Mr. Vogt moved that the bills left over from the last session be
placed among the orders as on their first reading;
Which motion was adopted.
On motion, the House adjourned until to-morrow morning, 10
o'clock.




FRIDAY, December 2nd, 1859.

The House met pursuant to adjournment-a quorum present.
The journal of yesterday's proceedings was read, correteed and
approved.
The rule having been waived, the following gentlemen were
allowed to introduce bills without previous notice:
-By Mr. Gillis:
A bill to be entitled an act to authorize the Supreme Court to
establish rules in Chancery practice;
A bill to be entitled an act to allow additional compensation to
County Commissioners;
A bill to be entitled an act in relation to records.
By Mr. Barrett:
7 ''










50

A bill to be entitled an act to amend the Attachment Laws of this
State.
By Mr. Clyatt:
A bill to be entitled an act to amend an act to incorporate the
city of Atseena Otie;
Which bills were ordered to be placed among the orders of the
day.
Notice of the introduction of bills at some future day was given
by the following gentlemen, viz:
By Mr. Peacock:
A bill to be entitled an act for the relief of Daniel Snell, Tax-
Assessor and Collector for Suwannee county.
By Mr. Bird:
A bill to be entitled an act to allow William W. Tucker of Jeffer-
son to assume the management of his own estate.
By Mr. Gillis:
A bill to be entitled an act to reduce the taxes assessed for the
State and to provide for the payment of jurors, State witnesses, post
mortem examinations and contingent expenses of the Circuit Courts
by the several counties,
The following bills were introduced in accordance with previous
notice, viz:
By Mr. Robinson:
A bill to be entitled an act for the relief of Samuel B. Williford of
Jackson county.
By Mr. Barrett:
A bill to be entitled an act for the better government of Free
Negroes;
Which were placed among the orders of the day.
Mr. Barrett presented a petition from citizens of Duval county,
asking the passage of a law preventing the shooting of game and
firing of guns and pistols at targets on the Sabbath day.
Mr. Barrett moved that the petition be referred to a Select Com-
mittee of three;
Which motion was carried.
The Speaker appointed the following gentlemen as said Commit-
tee, viz: Messrs. Barrett, Erwin and Church.
Mr. Vogt, from a Select Committee, made the following report:
The Special Committee, appointed to enquire into the qualifica-
tions of applicants for clerkships,
REPORT:
That they have performed that duty, and recommend Maxwell
Footman as a suitable and competent person for the office of Assis-
tant Clerk and W. M. McIntosh for Engrossing Clerk.











All of which is respectfully submitted.
D. A. VOGT,
T. J. M. RICHARDSON,
L. A. CHURCH,
D. L. KENAN,
D. B. BIRD.
Which was read.
Mr. Erwin moved that the House now proceed to the election of
Assistant and Engrossing Clerks;
Which motion was carried.
Mr. Starke nominated M. F. Papy for Assistant Clerk.
The vote was as follows:
FoR PAPY-Mr. Speaker, Messrs. Barrett, Broxson, Christie, Cof-
fee, Erwin, Evans, Frink, Gettis, Gillis, Heermans, Hughey, Hunt,
Manning, Mickler, Munn, Nicks, Robinson, Starke; White, Whit-
field and Wiggins-22.
Fon FooT'rAN-Messrs. Bird, Brinson, Church, Kenan,-Peacock,
Richardson, Roberts, Smith and Vogt-9.
[ The Speaker declared Mr. Papy duly elected Assistant Clerk.
The House then proceeded to.the election of Engrossing Clerk.
Mr. Christie nominated R. L. Bruce.
Mr. Frink nominated W. W. Woodward.
Mr. Whitfield nominated Maxwell Footman.
The vote was as follows:
Fon McIrNosn -Messrs. Brinson, Campbell, Gillis, Kenan, Pea-
cock, Richardson, Starke and Vogt-8.
Fon FooTMAN-Messrs. Barrett, Bird, Church, Clyatt, Coffee,
Evans, Heermans, Manning, Mickler, Smith, White, Whitfield and
Wiggins-13.
Fon BRucE-Messrs. Christie, Gettis, Hunt, Munn, Nicks and
Roberts-0.
FoR WooDWARD-Mr. Speaker, Messrs. Erwin, Frink, Robinson
and Williams of Leon-5.
No one of the candidates having received a majority, the Speaker
declared that there was no election.
Mr. Frink withdrew the name of Mr. Woodward.
The House went into a second ballot, the result of which was as
follows:
FoR FooTvrAN-M-3essrs. Barrett, Bird, Brevard, Church, Coffee,
Erwin, IHcermans, Ingram, Manning, Mickler, Robinson, Smith,
White and Whitfield-14.
Fon McITrosu-Miessrs. Brinson, Campbell, Evans, Frink, Get-
tis, Gillis, Hughey, Kenan, McNeil, Nicks, Peacock, Richardson,
Starke, Vogt and Williams of Leon-16.
FoR BRUCE-Mr. Speaker, Messrs. Christie, Clyatt, Hunt, Munn
and Roberts-6.









52

None of the candidates having received a majority, the Speaker
declared that there was no election.
The House then proceeded to a third ballot, which resulted as
follows:
Fon FooTM1A--M-r. Speaker, Messrs. Barrett, Bird, Brovard,
Church, Coffee, Erwin, IIcermans, Ingram, Johnston, Manning,
Mickler, Robinson, White, Whitfield, Wiggins and Williams of
Leon-16.
Fon McINTosn-Messrs. Brinson, Campbell, Evans, Frink, Get-
tis, Gillis, Hughoy, Kenan, McNeill, Nicks, Peacock, Richardson,
Starke and Vogt-14.
No one of the candidates having received a majority, the Speaker
declared that there was no election.
The House then proceeded to a fourth ballot, which resulted as
follows:
Fon FooTMAN-Messrs. Barrett, Bird, Broxson, Church, Coffee,
Erwin, Evans, Hcermans, Manning, Mickler, Robinson, Smith,
White, Whitfield and Wiggins-15.
FoR BntCE-Mr. Speaker, Messrs. Christie, Clyatt, Frink, Gettis,
Hunt, McNeill, Munn, Nicks, Roberts and Williams of Leon-l.
Fou MclNTosn-Messrs. Brinson, Campbell, Gillis, Kenan, Pea-
cock, Richardson, Starko and Vogt-8.
Mr. Christie withdrew the name of Mr. Bruce.
There being no election, the House proceeded to the fifth ballot,
which resulted as follows:
For, FooTrtAN-Mr. Speaker, Messrs. Barrett, Bird, Brevard,
Church, Coffee, Erwin, Heermans, Ingram, Manning, Roberts, Rob-
inson, Smith, White, Whitfield, W .-- i,s and Williams of Leon-17.
FoR MclNosII-Messrs. Brinson, Campbell, Christie, Evans,
Frink, Gettis, Gillis, Hughoy, Hunt, Kenan, McNeill, Mickler,
Munn, Nicks, Peacock, Richardson, Starke and Johnston-19.
Mr. McIntosh, having received a majority of the votes, was do-
"clared duly elected Engrossing Clerk.
The Clerks elect were then, on motion, sworn in by F. C. Bar-
rett, Esq., Notary Public.
Mr. Barrett, from the Select Committee, to whom was referred
the application of A. J. Smiley and S. R. Sessions for seats in the
House from the counties of Columbia and New River, made the
following report:
The Select Committee to whom was referred the matter of the
election of A. J. Smiley, of Columbia county, and S. R. Sessions, of
New River county, to seats in this House, beg leave respectfully to
REPORT:
That they have duly investigated the question of the right
of the claimants to seats in this body, which is based upon the .
Act of the last session, creating and organizing the counties of Su-










53

wannee and New River. After mature deliberation, your Commit-
tee are unanimously of the opinion that said claimants are not enti-
tled to seats in tfie present General Assembly. That opinion is for-
tified by the legal opinion of the Attorney General of the State,
which is herewith submitted as a part and parcel of this Report.
Respectfully submitted,
F. C. BARRETT, Chairman,
R. H. M. DAVIDSON,
JOHN FRINK,
R. C. WILLIAMS,
ROBT. D. MUNN.

ATTOIREY GENERAL'S OrFICE, !
Tallahassee, Dee. 1st, 1859. )
Hon. F. C. BARRETT,
Chairman Select Committee:
SIR: I have received your communication, desiring my opinion in
reference to the eligibility of Messrs. Smiley and Sessions as Repre-
sentatives from the counties of Columbia and New River respec-
tively, elected under the act of the session which adjourned in Jan-
uary last, to create and organize the counties of Suwannee and
New River. In my opinion, the act referred to did not contemplate
an election for members to the present adjourned session; and if it
did, I do not consider that the members elected and in office at the
time the act was passed, could be thus superseded. They were
elected to hold their offices for two years, and are entitled to hold
their seats until their term shall have expired. The present session
is but an adjournment from the last, and the members in office then,
are entitled to their seats now.
I am, very respectfully, &c.,
-- *M. D. PAPY.
Which was read.
Mr. Starke moved that A. J. Smiley be heard at the Bar of the
House in vindication of his claims;
Which motion was carried, whereupon Mr. Smiley proceeded to
address the House.
The question then recurred on the adoption of the Report of the
Committee, when the same was adopted unanimously.

ORDERS OF THE DAY.

A bill to be entitled, An Act to change the time of holding the
Circuit Court in the Counties of Hamilton and Taylor, in the Mid-
dle Circuit of the State of Florida,
Was read the first time, and ordered for a second reading on to.
tnorrow.












A bill to be entitled, An Act to authorize John S. Addison, a mi-
nor, to assume the management of his Estate,
Was read the first time, and ordered for a second reading to-
morrow.
A bill to be entitled, An Act to authorize the Board of Education
of the State Seminary West of the Suwanno to confer Collegiate
Degrees,
Was read the first time, and ordered for a second reading on to-
morrow.
A hill to be entitled, An Act in relation to Interest,
Was read the first time, and ordered to be read a second time on
to-morrow.
Senate bill to be entitled, An Act for the relief of the heirs of
Elizabeth Dean, late of Duval county,
Was read the first time, and ordered to a second reading on to-
morrow.
A bill to be entitled an act to authorize the Supreme Court to es-
tablish rules in Chancery Practice,
Was read the first time, and ordered to be read a second time on
to-morrow.
A bill to be entitled an act for the relief of Isaac N. Shepard,
Guardian of the minor heirs of Henry M. Shepard, late of Gadsden
County, deceased,
Was read the first time and ordered to be read a second time on
to-morrow.
A bill to be entitled an act for the relief of Isaac N. Shepard,
Was read the first time and ordered for a second reading on to;
morrow.
A bill to be entitled an act to amend the laws of this State in re-
lation to Hawkers and Pedlars and Itinerant Traders,
Was read the first time and ordered for a second reading on to-
morrow.
A bill to be entitled an act to amend the Militia Laws of this
State,
Was read the first time, rule waived, read a second time by its
title, and on motion of Mr. Brevard, withdrawn.
A bill to be entitled an act to amend the Attachment Laws of this
State,
Was read the first time, rule waived, read a second time by its
title, and on motion referred to the Committee on the Judiciary.
A bill to be entitled an act in relation to Interest,
Was read the first time and ordered to be read a second time on
to-morrow.
A bill to be entitled an act to amend an act entitled an act to in-
corporate the city of Atseena-Otie,
Was read the first time and ordered to be read a second time on
tomorrow.










55

On motion of Williams of Leon, the rule was waived and he al-
lowed to move that the -Select Committee appointed to take into
consideration the state f our Federal Relations, be requested to act
with a similar committee on the part of the Senate;
Which motion was adopted.
On motion, a committee was appointed to wait on the Senate and
inform that body of the same, which committee performed the duty
assigned them and were discharged.
Mr. McNeill moved that the rule be waived to allow him to give
notice of the introduction of a bill at some future day;
Which motion was carried, whereupon Mr. McNeill gave notice
that he will on some future day ask leave to introduce a bill to be
entitled an act to amend an act entitled an act concerning Wrecked
and Derelict Property found on the coast and shores of Florida.
A bill to be entitled an act to prescribe the manner of making re-
turns by Executors, Administrators and Guardians in this State,
Was read the first time and ordered for a second reading on to-
morrow.
A bill to be entitled an act to allow additional compensation to
County Commissioners,
Was read the first time and ordered for a second reading on to-
morrow.
A bill to be entitled an act in relation to Records,
Was readthe first time and ordered to be read a second time on
to-morrow.
Senate bill to be entitled an act to define the liability of Endorsers
of Promissory Notes and other instruments, and to place them on
the same footing with securities,
Was read the first time, and ordered to be read a second time on
to-morrow.
A bill to be entitled, An Act for the relief of Samuel B. Williford,
of Jackson County,
Was read the first time, rule waived, read a second time by its
title, and was referred to the Committee on Claims and Accounts.
A bill to be entitled, An Act for the better government of Free
Negroes,
Was read the first time, rule waived, read a second time by its
title, and referred to a Select Committee of five, consisting of
Messrs. Davidson, Barrett, Bird, Brevard and Kenan.
Senate bill to be entitled, An Act to change the name of Cynthia
Jane Burdock, to that of Cynthia Jane Willis,
Was read the first time, and ordered to be read a second time on
to-morrow.
Senate bill to be entitled, An Act to amend an act relative to
associations to construct lines of Telegraph, approved December
27, 1856,










56

Was read the first time, and ordered to be read a second time on
to morrow.
Senate bill to be entitled, An Act concerning Sheriffs and Coro-
ners,
Was read the first time, and ordered for a second reading on to-
morrow.
Senate bill to be entitled an act in relation to the different lines of
Railroad encouraged by an act approved January 6, 1855,
Was read the first time and ordered to be read a second time on
to morrow.
Senate bill to be entitled an act to change the name of the Town
of Jasper to that of Sevilla,
Was read the first time, rule waived, read a second time by its
title, and, on motion of Mr. Frink, laid on the table.
Senate bill to be entitled an act to consolidate the offices of Tax
Assessor and Collector and Sheriff in the county of Sumter,
Was read the first time and ordered for a second reading on to-
morrow.
Senate bill to be entitled an act to amend an act regulating the
sale of real estate by Executors and Administrators,
Was read the first time and ordered to be read a second time on
to-morrow.
Senate bill to be entitled an act allowing two Judges of the Su.
preme Court to hold a court in the absence of the third Judge,
Was read the first time and ordered for a second reading on to-
morrow.
Senate bill to be entitled an act to provide for the payment of
Constable's fees for summoning Juries of Inquest and attendance on
the same,
Was read the first time and ordered to be read a second time on
to-morrow.
The rule having been waived, Mr. Bird was allowed to introduce,
according to previous notice, a bill to be entitled an act to authorize
Minor Walker, of Jefferson county, to manage his own estate ;
Which was read the first time and ordered to be read a second
time on to-morrow.
The rule having been waived, Mr. Church was also allowed to
introduce, according to previous notice, a bill to be entitled, an act
to change the name of Andrew J. Revells, wles, of Madison county,
to that of Andrew J. Duncan;
Which was read the first time, and ordered to a second reading
on to-morrow.
The rule having.been waived, Mr. Brevard was allowed to give
notice that he will, on some future day, ask leave to introduce a
bill to be entitled an act for the relief of Ialey T. Blocker; and
A bill to be entitled an act for the relief of John M. Hill.










57

A bill to bo entitled an act to require Justices of the Peace to
give bond,
Was read the first time and ordered for a second reading on to.
morrow.
A Committee from the Senate appeared and announced that
Messrs. Baker, Eppes and Baldwin had been appointed a Commit-
tee 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 present situa.
tion and condition of the State Library, and how far the act as to
public property, approved January 15th, 1859, has been complied
with.
A bill to be entitled an act to prevent the killing of stock in cer-
tain cases,
Was read the first time and ordered to be read a second time on
tomorrow.
A bill to be entitled an act to amend an act entitled an act to
enable executors, administrators and guardians to sell the real estate
of infants, approved January 23d, 1851,
Was read the first time and ordered for a second reading on to-
morrow.
A bill to be entitled an act to allow the State of Florida peremp-
tory challenges in certain cases,
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 Alien Gibson,
Was read the first time and ordered for a second reading on to-
morrow.
Senate bill to be entitled an act to amend the laws of this State
relating to Divorce,
Was read the first time and ordered for a second reading to-
morrow.
A bill to be entitled an act in addition to an act concerning
Dower,
Was read the first time and ordered for a second reading on to-
morrow.
A committee from the Senate appeared and announced that
Messrs. Baker, McElvy, Baldwin, Lamar and Eppes had been ap-
pointed a Committee on the part of the Senate to act with a similar
committee on the part of the House on the subject of our Federal
Relations.
A bill to be entitled an act to change the name of George Gibbs
Smith,
Was read the first time and ordered for a second reading on to-
morrow.
A bill to be entitled an act to change the name of George Frisby,
8











Was read the first lime and ordered to be read a second time ore
to-morrow.
A bill to be entitled an act for the relief of Aaron Geiger of Clay
County,
Was read the first time and ordered to be read a second time on
to-morrow.
The Speaker announced the re-organization of the Standing
Committees of the House as follows:

STANDING COMMITTEES OF THE HOUSE.

Committee on Judiciary. On Commerce -B NAavigation.
Messrs. GETTIS, Messrs. MUNN,
DAVIDSON, McNEILL,
BREVARD, RICIIARDSON,
GILLIS, MALONEY,
MUNN. BARRETT.
On Claims. On Finance (. Public Accounts.
Messrs. KENAN, Messrs. COFFEE,
McNEILL,1 MIOKLER,
BARRETT, PEACOCK,
FRINK, BARRETT,
M.-KINNON. IIUGHEY.
On Agriculture. On Militia.
Messrs. COFFEE, Messrs. BREVARD,
WHITFIELD, FRINK,
EVANS, WHITE,
BRINSON, McKINNON,
RICHARDSON. CIHURICH.
On Propositions cf Grievances. On Elections.
Messrs. CHRISTIE, Messrs. GILLIS,
WHITE, DAVIDSON,
JOHNSTON, INGRAM,
MJUNN, BROXSON,
MANNING. CLYATT.
On Corporations. On Federal Relations.
Messrs. INGRAM, Messrs. BIRD,
MALONEY, STARE,
WILLIAMS of Leon, BREVARD,
DAVIDSON, BARRETT,
McNEILL. ROBERTS,











On Internal Improvements. On Schools 4d Colleges.
XMessrs. WHITFIELD, Messrs. WILLIAMS of Leon,
GETTIS, MALONEY,
VOGT, MANNING,
BREVARD, HEERMANS,
DAVIDSON. McCRARY.
On Engrossed Bills. On Indian Afairs.
Messrs. VOGT, Messrs. McNEILL,
SERWNIN, BREVARD,
YON, WIGGINS,
MALONEY, BISSELL,
NICKS. IIEERMANS.
On Enrolled Bills. On State of the Commonwealth.
Messrs. ROBINSON, M.--r-. GILLIS,
LEIGH, WILLIAMS of Esc.,
CAMPBELL, PEACOCK,
HUXT, WHITE,
GILLIS. BIRD.
On State Lands. On Taxation and Revenue.
Messrs. VOGT, Messrs. WIGGINS,
CHURCH, CLYATT,
HEERMANS, DAVIDSON,
GILLIS, CHRISTIE,
WIGGINS. ROBINSON.
On motion of Mr. Barrett, 80 copies of the Standing Committees
were ordered to be printed for the use of the members.
On motion, the House adjourned until 10 o'clock to-morrow
morning.



SATURDAY, December 3d, 1859.

The House met pursuant to adjournment-a quorum present.
Rev. Mr. Branch officiated as Chaplain.
Mr. Vogt moved that the reading of the journal of yesterday be
dispensed with;
Which motion was adopted.
Mr. Galbraith, according to previous notice, introduced a bill to









60

be entitled an act to provide for the consolidation of the Statutes
and the compilation of a Code of Laws for this State;
Which was placed among the orders of the day.
Notice of the introduction of bills at some future day was given
by the following gentlemen, viz:
By Mr. Richardson :
A bill to be entitled an act to allow spiritous liquors to be drank
where sold, in the counties of Jackson and Wakulla.
By Mr. Galbraith:
A bill to be entitled an act in relation to the Gulf City and Inte-
rior Railroad Company arid the Pensacola and Georgia Railroad
Company.
The following message was received from the Senate:
SENATE CHAMBER,
December 2d, 1859.
Hon. JoHN B. GALIBRAITH,
Speaker of the House of Representatives:
Sm: The Senate has this day passed the following bill:
A bill to be entitled an act to change the boundary line between
Columbia and Suwannee counties-and I herewith present the peti-
tion also.
Very respectfully,
JAMES E. BOWDEN,
Secretary of Senate.
Which was read and the bill placed among the orders of the day.
The rule having been waived, Mr. McNeill was allowed to intro-
duce, without previous notice, a bill to be entitled an act for the
relief of Josiah Gates and others, and for other purposes;
Which was placed among the orders of the day.

ORDERS OF THE DAY.

A bill to be entitled an act to change the time of holding the Cir-
cuit Court in the counties of Hamilton and Taylor, in the Middle
Circuit of Florida,
Was read the first time and-ordered to be engrossed for a third
reading on Monday.
A bill to be entitled an act to authorize John S. Addison, a minor,
to assume the management of his own estate,
Was read the second time and ordered to be engrossed for a third
reading on Monday.
A bill to be entitled an act to authorize the Board of Education
of the State Seminary West of the Suwannee to confer Collegiate
Degrees,
Was read the second time and ordered to be engrossed for a third
reading on Monday.
A bill to be entitled an act in relation to interest,









61

Was read the second time and, on motion of Mr. Gillis, laid on
the table.
The rule having been waived, Mr. Barrott, from a Select Com-
mittee, made te ;'..ll.-. i., report:
The Select Committee, to whom was referred the memorial of R.
R. Rushing and fifty other citizens of Duval county, praying for the
*enactment of a law to prevent the shooting of game, &c., on the
Sabbath day in said county, beg leave respectfully to present the
accompanying bill as their report and recommend its passage.
Respectfully submitted,
F. C. BARRETT, Chairman,
JOHN M. F. ERWIN,
LUCIUS A. CHURCH.
Which was read and the accompanying bill placed among the
orders of the day.
Senate bill to be entitled an act for the relief of the heirs of Eliza-
beth Dean, late of Duval county, deceased,
Was read the second time.
Mr. Barrett moved that the bill be referred to the Committee on
the Judiciary;
Which motion was adopted.
A bill to be entitled an act to authorize Minor W. Walker, of Jef.
ferson County, to assume the management of his own estate,
Was read the second time and ordered to be engrossed fora third
reading on Monday.
A bill to be entitled an act to authorize the Supreme Court to es-
tablish Rules in Chancery Practice,
SWas read the second time and on motion referred to the Com-
mittee on the Judiciary.
A bill to be entitled an act for the relief of Isaac N. Shepard,
Guardian of the minor heirs of Henry M. Shepard, late of Gadsden
Dounty, deceased; and
A bill to be entitled an act for the relief of Isaac N. Shepherd, of
Gadsden county,
Were severally read, on motion of Mr. Davidson, by their titles,
and referred to the Committee on Claims.
A bill to be entitled an act to amend the laws of this State in
relation to Hawkers and Pedlars and Itinerant Traders,
Was read the second time.
Mr. Erwin moved to amend by striking out that portion of the
first section which excepts those peddling Books and Charts;
Which motion was adopted and the bill as amended ordered to
be engrossed for a third reading on Monday.
A bill to be entitled an act in relation to Interest,
Was read the second time.
Mr. Gillis moved to amend by adding the following section:
See- Be it further enacted, That it shall be lawful for all bills









62

a::d promissory not having more than three months to run, to draw
not more than at the rate of fifteen per cent. per annum where the
rate of interest shall be specified in writing in such bills and promis-
sory notes;
Which motion was lost.
Ordered that the bill be engrossed for a third reading on Mon-
day.
A bill to be entitled an act to amend an act entitled an act to in-
corporate the city of Atseena Otic,
Was read the second time.
Mr. Clyatt moved that the blank in the second section be filled
with one hundred dollars."
Which was adopted.
Ordered that the bill as amended be referred to the Committee on
Commerce and Navigation.
Senate bill to be entitled an act to prescribe the manner of making
returns by executors, administrators and guardians in this State,
Was read the second time, and, on motion of Mr. Davidson, re-
ferred to the Committee on the Judiciary.
A bill to be entitled an act to allow additional compensation to
County Commissioners,
Was read the second time and ordered to be engrossed for a third
reading on [Monday.
A bill to be entitled an act in relation to Records,
Was read the second time and, on motion, referred to the Com-
mittee on the Judiciary.
Senate bill to be entitled an act to define the liability of endorsers
of promissory notes and other instruments, and to place them on the
same footing with securities,
Was read the second time, and, on motion of Mr. Munn, referred
to the Committee on the Judiciary.
Senate bill to be entitled an act to change the name of Cynthia
Jane Burdock to Cynthia Jane Willis,
Was read the second time and ordered for a third reading on
Monday.
Senate bill to be entitled an act to amend an act relative to asso-
ciations to construct lines of Telegraph, approved December 27,
185G,
Was read the second time, and ordered for a third reading on
Monday.
Senate bill to be entitled an act concerning Sheriffs and Coroners,
Was read the second time, and on motion of Mr. Munn, referred
to the Committee on the Judiciary.
Senate bill to be entitled an act in relation to the different lines of
Railroads encouraged by the act approved January 6, 1855,
Was read the second time, and on motion of Mr. Whitfield, re-
ferred to the Committee on Internal Improvements.









.63

Senate bill to be entitled an act to consolidate the offices of Tax
Assessor and Collector and Sheriff in the county of Sumter,
Was read the second time, and on motion of Mr. Johnston, laid
on the table.
Senate bill to be entitled an act to amend an act regulating the
sale of Real Estate by Executors and Administrators,
Was read the second time, and ordered for a third reading on
Monday.
Senate bill to be entitled an act allowing two Judges of the Su-
preme Court to hold a court in the absence of the third Judge,
Was read the third time, and on motion of Mr. Williams of Leon,
referred to the Committee on the Judiciary.
Senate bill to be entitled an act to provide for the payment of
constable's fees for summoning juries of inquest, and attending on
the same,
Was read the second time, and ordered for a third reading on
Monday.
A bill to be entitled an act to require Justices of the Peace to
give bonds,
Was read the third time. and on motion of Mr. Whitfield, referred
to the Committee on the Judiciary.
A bill to be entitled an act to prevent the killing of stock in cer-
tain cases,
Was read the second time, and ordered to be engrossed for a
third reading on Monday.
A bill to be entitled an act to amend an act entitled an act to
enable executors, administrators and guardians to sell the real estate
of infants, approved January 23d, 1851,
Was read the second time and ordered to be engrossed for a third
reading on Monday.
A bill to be entitled an act to allow the State of Florida peremp-
tory challenges in certain cases,
Was read the second time and, on motion of Mr. Whitfield, re-
ferred to the Committee on the Judiciary.
A bill to be entitled an act for the relief of Allen Gibson,
Was read the second time and ordered to be engrossed for a third
reading on Monday.
Senate bill to be entitled an act to amend the laws of this State
relating to Divorce,
Was read the second time, and, on motion of Mr. Munn, referred
to the Committee on the Judiciary.
A bill to be entitled an act to change the name of Andrew J.
Revells, of Madison county, to that of Andrew J. Duncan,
Was read the second time, and, on motion of Mr. Church, re-
ferred to a Select Committee of five, consisting of Messrs. Church,
White, Smith, Wiggins and McNeill.









G4-

A bill to be entitled an act in addition to an act concerning
Dower,
Was read the second time, and, on motion of Mr. Munn, referred
to the Committee on the Judiciary.
A bill to be entitled an act to change the name of George Gibbs
Smith to that of George Gary Smith,
Was read the second time and ordered to be engrossed for a third
reading on Monday.
A bill to be entitled an act to change the name of George Frisby,
Was read the second time and ordered to be engrossed for a third
reading on Monday.
A bill to be entitled an act for the relief of Aaron Geiger of Clay
County,
Was read the second time and ordered to be engrossed for a third
reading on .I.; ..` .
Senate bill to be entitled an act to change the Boundary Line
between Columbia and Suwannee Counties,
Was read the first timb and ordered for a second reading on Mon.
day.
Mr. Barrett moved that the rule be waived to allow him to move
that a committee of three be appointed to confer with a similar com-
mittee on the part of the Senate, to enquire into and report as to the
present situation and condition of the State Library, and how far the
act as to public property, approved January 15th, 1859, has been
complied with;
Which motion was carried, and the Speaker appointed the fol-
lowing gentlemen as said committee, viz: Messrs. Barrett, Williams
of Leon and Ingram.
A bill to be entitled an act to provide for the consolidation of the
Statutes and the compilation of a Code of Laws lor this State,
Was read first time, rule waived, read a second time by its title,
and on motion of Mr. Ingram, seventy copies thereof ordered to be
printed.
A bill to be entitled an act for the relief of Josiah Gates and
others, and for other purposes,
Was read first time, rule waived, read a second time by its title,
and on motion of Mr. McNeill referred to the Committee on Militia.
Mr. Vogt moved that Mr. McNcill be appointed on the Commit-
tee on the Militia, in the absence of Mr. McKinnon, for the consider.
ration of said bill;
Which motion was adopted.
A bill to be entitled an act to prevent the unnecessary use of fire
arms in Daval county on the Sabbath day,
Was read the first time, and ordered for a second reading on
Monday.
The rule having been waived, Mr. Galbraith was allowed to in-
troduce, without previous notice,












A bill to be entitled an act to empower Charles Maltby West, a
minor, of Leon county, to assume the management of his own estate;
and
A bill to be entitled an act to empower Susan M. Croom, a
minor of Leon county, to assume the management of her own
estate;
Which were severally read the first time and ordered for a second
reading on Monday.
On motion, the House adjourned until 10 o'clock, Monday morn-
ing.



MONDAY, December 5th, 1859.

"The House 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 Saturday's
proceedings was dispensed with.
Mr. Robinson presented the certificate of election of Allen HI
Bush to fill the vacancy occasioned by the resignation of John W.
MoCrary, of Jackson county;
Which was received, and on motion Mr. Bush was duly
sworn in as a member of the House by F. C. Barrett, Esq., Notary
Public.
Mr. Gillis moved that a committee be appointed to ascertain and
report the cost of having all the acts of this session, of a general na-
ture, (omitting local and private acts,) printed in pamphlet form,
and a copy mailed, postage paid, to each of the Clerks of the Cir-
cuit Courts, to each member of this General Assembly, and to every
editor of a newspaper in the State, within fifteen days after the ad-
journment of this session;
Which motion was adopted, and the Speaker appointed the fol-
lowing gentlemen as said Committee, viz: Messrs. Gilhs, Bissell and
Williams of Escambia.
Notice of the introduction of bills at some future day was given
by the following gentlemen, viz:
By Mr. Smith:
A bill to be entitled an act to amend an act to divide the county
of Duval and organize a new county to be called Clay county,
passed December 27th, 1858; and,
A bill to be entitled an act for the relief of Ozias Buddington.
By Mr. Starke:
A bill to be entitled an act to unite the offices of Judge of Pro-
bate and Clerk of the Circuit Court in Volusia county.
9










66

By Mr. Barrett:
A bill to be entitled an act to amend the seventh section of the
thirteenth article of the Constitution of this State;
A hill to be entitled an act to amend the eighth section of the
thirteenth article of the Constitution of this State;
A bill to be entitled an act to repeal the third section of the Gth
article of the Constitution of this State;
A bill to be entitled an act to provide for filling vacancies in cer-
tain offices in certain cases.
By Mr. Clyatt:
A bill to be entitled an act for the relief of Simon Edwards.
By Mr. Yon:
A bill to be entitled an act to authorize A. B. C:Woway to estab-
lish a Ferry across the Apalachicola river at Caroway Landing;
A bill to be entitled an act repealing certain acts now in force in
relation to County Officers of Calhoun County.
By Mr. Brinson:
A bill to be entitled an act to require Physicians and Surgeons
to file certified copies of their Diplomas.
By Mr. Gettis:
A bill to be entitled an act to create and organize the county of
Perry; and,
A bill to be entitled an act for the benefit of the heirs of James
E. Hendry, deceased.
By Mr. Brevard :
A bill to be entitled an act to amend an act erititled An Act
concerning the Agencies of Banks of other States located in this
State."
Mr. Johnston, in accordance with previous notice, introduced a
bill to be entitled an act for the payment of the Florida Volunteers
called into service under the reqnisition of the Governor of this
State for services rendered previous to their being mustered in
during the year 1856;
Which was placed among the orders of the day.
The rule having been waived, the following bills were introduced
without previous notice:
By Mr. Gillis:
A bill to b), entitled an act making the first di.-ol.' in each
month a sale day for property under execution; and
A bill to be entitled an act regulating the method of drawing and
summoning Juries.
By Mr. Williams of Leon:
A biL! :o be entiL'd an ni to emipovrer David Franklin IToucl, a
minor, of Lcon county, to assunlo the managierientc of his own
estate.
By Mr. McKinnon :











A bill to be entitled an act to enforce the payment of Public
Moneys withheld by Defaulters.
By Mr. Bird:
A bill to be entitled an act to empower William W. Tucker, of
Jefferson county, to assume the management of his own estate;
Which bills were placed among the orders of the day.
Mr. Mickler, in pursuance to previous notice, introduced a bill to
be entitled an act to amend the charter of the city of St. Augustine,
Florida;
Which was placed among the orders of the day.
Mr. Brevard moved that the name of Mr. Bush be added to the
Committee on the Judiciary;
Which motion was carried.
1Mr. Church, from a Select Committee made the following re-
port:
The Committee to whom was referred a bill to change the name
of Andrew J. Revells, beg leave respectfully to present the accom-
panying bill as their report, and recommend its passage.
Respectfully,
L. A. CHURCH, Chairman,
JOHN G. SMITH,
JAMES A. WIGGINS,
S. R. WHITE,
ARCHI'D McNEILL.
Which was read, and the accompanying bill placed among the
orders of the day.

ORDERS OF THE DAY.

A bill to be entitled an act to empower Charles Maltby West, a
minor, of Leon county, to assume the management of his own es-
tate,
Was read the second time, and ordered to be engrossed for a
third reading on to-morrow.
Senate bill to be entitled an act to provide for the payment of
constable's fees for summoning juries of inquest, and attendance on
same,
Was read the third time, and on the question of its passage the
vote was:
Yeas-Mr. Speaker, Messrs. Barrett, Bird, Bissell, Brevard,
Brinson, Broxson, Bush, Campbell, Christie, Church, Clyatt, Coffee,
Erwin, Evans, Gettis, Gillis, Holermans, Hunt, Ingram, Johnston,
McNeill, Mickler, Munn, Nicks, PIacock, Richardson, Roberts,
Robinson, Smith, Starke, Vogt, White, Wi-in, Williams of Es-
cambia, Williams of Leon and Yon-35.
Nays-None.
So the bill passed-title as stated.









cS

Ordered that the same be certified to the Senate.
Senate bill to be entitled an act to change the boundary'lino be-
tween Columbia and Suwannee counties,
Was read the second time.
Mr. Peacock moved that the bill be referred to a Select Commit.
tee of five;
Which motion was adopted.
The Speaker appointed the following gentlemen as said Commit-
tee, viz: Messrs. Peacock, Roberts, Smith, Richardson and Erwin.
A bill to be entitled an act to provide for the consolidation of the
Statutes and the compilation of a Code of Laws for this State,
Was read the second time by its title and, on motion, referred to
the Committee on the Judiciary.
Senate bill to be entitled an act to amend an act regulating the
sale of real estate by Executors and Administrators,
Was read the third time.
Mr. Gillis moved that the rule be waived and said bill be placed
back on its second reading and referred to the Committee on the
Judiciary.
Which motion was adopted.
The rule having been waived, Mr. Williams of .Leon moved that
the Speaker be requested to employ some competent person to finish
the journal of last year, and assist in writing up the journal of the
present session;
Which motion was adopted.
Senate bill to be entitled an act to change the name of Cynthia
Jane Burdock to Cynthia Jane Willis,
Was read the third time, and on the question of its passage the
vote was:
Yeas-Messrs. Barrott,;Bird, Bissell, Brinson, Broxson, Bush,
Church, Clyatt, Coffee, Hunt, Johnston, McKinnon, McNeill, Rich-
ardson, Roberts, Smith, Vogt, White and Williams of Leon-19.
Nays-Mr. Speaker, Messrs. Brevard, Campbell, Christie, Erwin,
Evans, Gettis, Gillis, Heermans, HIughey, Ingram, Mickler, Munn,
Nicks, Peacock, Robinson, Starke, Whitfield, Williams of Escambia
and Yon-20.
So the bill was lost
Ordered that the same be certified to the Senate.
Senate bill to be entitled an act to amend an act relative to As-
sociations to construct Lines of Telegraph, approved December 27,
1856,
Came up on its third reading.
On motion of Mr. McNeill, the bill was placed back on its second
reading and referred to the Committee on Internal Improvements.
A bill to be entitled an act to empower Susan M. Croom, a minor,
of Leon County, to assume the management of her own estate,











Was read the second time and ordered to be engrossed for a third
reading on to-morrow.
A bill to be entitled an act making the first Monday in each month
a sale day for property under execution,
Was read the first time and ordered for a second reading on to-
morrow.
A bill to be entitled an act regulating the method of Drawing and
Summoning Juries,
Was read the fisrt time and ordered for a second reading on to-
morrow.
A bill to be entitled an act to empower David Franklin Houck, a
minor, of Leon County, to assume the management of his own
estate,
Was read the first time and ordered for a second reading on to-
morrow.
A bill to be entitled an act to enforce the payment of Public Mon-
eys withheld by Defaulters,
Was read the first time and ordered for a second reading on to-
morrow.
A bill to be entitled an act to prevent the unnecessary use of fire
.arms in DuvalJCounty on the Sabbath Day,
Was read the second time.
Mr. Barrett moved that the words "Duval county be stricken
out, wherever they occur, and "State of Florida" be-inserted;
Which motion was adopted.
Ordered that the bill as amended be engrossed for a third reading
on to-morrow.
A bill to be entitled an act for the payment of the Florida Volun-
teers called into service under the requisition of the Governor of
this State for services rendered previous to their being mustered in
during the year 1856,
Was read the firsL time, rule waived, read a second time by its
title and, on motion of Mr. Johnston, referred to the Committee on
Claims.
A bill to be entitled an act to amend the- charter of the city of St.
Augustine,
Was read the first time and ordered for a second reading on to-
mnorrow.
A bill to be entitled an act to change the name of Andrew J.
.Revells, of Madison county, to that of Andrew J. Danean,
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 empower William W. Tucker, of
Jefferson county, to assume the management of his own estate,
Was read the first time and ordered for a second reading on to.-
,,norrow.
The.following-message was received from the Senate:












SErNATE CIJAME3IR,
December 5th, 1859.
Hon. JOhN B. GALnAITrH,
Speaker of the House of Representatives :
SIR: The Senate has this day passed the following bills and res--
olution:
A bill to be entitled an act to change the name of Sarah Keziah
Johnson to Amelia Ann Emiline Johnson;
A bill to be entitled an act for the relief of Noah P. Suggs, of
Lafayette county;
A bill to be entitled an act to authorize William J. Tucker, a
minor, to assume the management of his own estate, and to contract
and be contracted with;
A bill to be entitled an act to authorize George W. Martin to es-
tablish a ferry across the Suwannee River at Fayettcville;
A bill to be entitled an act to correct an. error in the printed act
entitled an act to incorporate the city of Lake city; and
Resolution relative to tie establishment of the boundary line be-
tween the State of Georgia and the State of Florida.
Very respectfully,
JAMES E. BOWDEN,
Secretary of Senate.
Which was read, and the accompanying bills and resolution
placed among the orders of the day.
Senate bill to be entitled an act for the relief of Noah P. Suggs, of
Lafayette county,
Was read the first time, and ordered for a second reading on to-
morrow..
Senate bill to be entitled an act to authorize William J.. Tucker, a
minor, to assume the management of his own estate, and to contract
and be contracted with,
Was read the first time, and ordered for a second reading on to-
morrow.
Senate resolution relative to the establishment of the boundary
line between the States of Georgia and Florida,
Was read the first time, rule waived, read a second time by its
title, and on motion referred to the Committee on Federal Relations.
Senate bill to be entitled an act to authorize George W. Martin
to establish a ferry across the Suwannoo River, at Fayettevillo,
Was read the first time, and ordered for a second reading on to.
mor row.
Senate bill to be entitled an act to change the name of Sarah
Keziahl Johnson to Amelia Ann Emnilino Johnson,
Was read the first time, and ordered for a second reading on to.
morrow.










71

Senate l.ill to be entitled an act to correct an error in the printed
act entitled an act to incorporate the city of Lake City,
Was read the first time and ordered for a second reading on to-
morrow.
The rule having been waived, Mr. Galbhiith was allowed to in-
troduce the following bill, according to previous notice:
A bill to be entitled an act in relation to the Gulf City and In-
terior Railroad Company and the Pensacola and Georgia Railroad
Company;
Which was read the first time by its title and ordered for a
second reading on to-morrow.
Mr. McNeill moved that the rule be waived so as to allow him to
move that the motion referring the bill to be entitled an act for the
payment of the Florida Volunteers called into service under the
requisition of the Governor of this State for services rendered pre-
vious to their being mustered in during the year 1850 to the Com-
mittee on |Claims be reconsidered, and that the same he referred to
the Committee on Finance and Public Accounts;
Which motion was adopted.
On motion, the House adjourned until to-morrow morning, 10
o'clock.




TUESDAY, December 6, 1859.

The House met pursuant to adjournment-a quorum present.
Rev. Mr. Branch officiated as Chaplain.
On motion of Mr. Ingram, the reading of the journal of yesterday's
proceedings was dispensed with.
Mr. Coffee moved that Mr. Smith be added to the Committee on
Finance and Public Accounts;
Which motion was adopted.
Mr. Evans moved, that the vote on yesterday on Senate bill to be
entitled an act to change the name of Cynthia Jane Burdock to
Cynthia Jane Wills, be reconsidered;
Which motion was adopted.
Mr. Barrett, in accordance with previous notice, introduced the
following bill:
A bill to be entitled an act to provide for filling vacancies in cer-
tain offices in certain cases;
Which was placed among the orders of the day.
Mr. Evans moved that a committee of three be appointed to wait
on the Senate and request the return to the House of a bill to be en-
titled an act to change the name of Cynthia Jane Burdock to Cyn-
thia Jane Willis;










72

Which motion was adopted, and the Speaker appointed Messrs.
Evans, You and Gillis said committee.
Mr. Bush gave notice that he would ask leave, at some future day,
to introduce the following bills:
A bill to be entitled an act in relation to Judicial Proceedings;
A bill to be entitled an act in relation to Criminal Proceedings;
A bill to be entitled an act in relation to Fees and Costs;
A bill to be entitled an act in relation to Sheriffs; and
A bill to be entitled an act to amend the several Acts in relation
to Roads.
The following bills were introduced, in accordance to previous
notice, viz:
By Mr. Gillis:
A bill to be entitled an act to reduce the taxes assessed for the
State, and to provide for the payment of jurors, state witnesses, post
mortem examinations, and expenses of criminal prosecutions by the
several counties.
By Mr. Brinson:
A bill to be entitled an act to requirQ physicians and surgeons to
file certified copies of their diplomas.
By Mr. Yon:
A bill to be entitled an act to authorize A. B. Caraway to estab.
lish a ferry across the Apalachicola River; and
A bill to be entitled an act repealing certain acts passed in rela-
tion to the county officers of Calhoun county.
By Mr. Smith:
A bill to be entitled an act to amend an act entitled an act to
divide the county of Duval, and organize a new county to be called
Clay County, approved December 31st, 1858.
By Mr. Gettis:
A bill to be entitled an act to create and organize the county of
Perry.
Which bills were placed among the orders of the day.
The rule having been waived, Mr. Bush was allowed, without
previous notice, to introduce the following bills:
A bill to be entitled an act to amend an act to entitled "an Act to
secure certain rights to married women;" and
A bill to be entitled an act to afford rules for the construction of
deeds and wills in certain cases;
Which were placed among the orders of the day.
Mr. Galbraith introduced a resolution relative to the office of Reg-
ister of United States Lands at Tallahassee,
Which was placed among the orders of the day.
Mr. Whitfield introduced a resolution for the relief of the Comp.
troller of the State;
Which was placed among the orders of the day.











Mr. Vogt, from the Committee on Engrossed bills, made .t1o folo
towing report:
The Committee on Engrossed Bills report the following bills an
correctyv engrossed: /
A hill to be entitled an act to amend an act entitled an act to en-
able Executors, Administrators and Guardians to sell the Real Es-
t:te of infants, approved Jnnuary 23, 1851;
A bi.l to be entitled an act to prevent tho.killing of Stock in cer-
tain cases;
A bill to be entitled an act for the relief of Aaron Geiger, df
Clay county
A bill to be entitled an act to authorize Minor W. Walker of Jef-
ferson County to assume the management of his own estate
"A bill to be entitled an act for the relief of Allen Gibson;
"A bill to be entitled an act to amend the laws of this State in rel
lation to Hawkers and Pedlars and Itinerant Traders;
A bill to be entitled an act to allow additional compensation to
County Commissioners;
SA bill to be entitled, An Act to change the times of holding the
Circuit Court in the Counties of Hamilton and Taylor, in the Mid.
die Circuit of the State of Florida;
A bill to be entitled an act to change the name of George Frisby
to that of George Reuben Frisby;
A bill to be entitled an act to change the name of George Gibbs
Smith to that of George Garey Smith;
"A bill to be entitled an act in relation to Interest;
"A bill to be entitled, An Act to authorize the Board of Education
of the State Seminary West of the Suwanno to confer Collegiate
Degrees; and
A bill to be entitled an act authorizing John S. Addison, a minor,
of Marion county, to assume the management of his own estate.
Respectfully submitted,
D. A. VOGT, Chairman.
Which was read.
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 allow the State of Florida peremptory challen-
ges in certain criminal cases, have had the same under consideration,
and ask leave to
REPORT:
That in their opinion, the bill should be amended by striking out
the word Five" in the seventh line of the first section and instead
10











thereof insert the word Three," and with this amendment they re-
commend that the bill do pass.
All of which-is respectfully submitted,
JAMES GETTIS, Chairman.
Which was read and the accompanying bill placed among the or-
drs of the day.
Mr. Gettis, from the same committee, made the following report:
The Committee on the Judiciary to whom was referred a bill to
be entitled an act to require Justices of the Peace to giveloend have
had the same under consideration, and beg leave to
REPORT:
That in their opinion, the bil- should be amended by nd'ding at
the close of the third section, as follows: Unless the party ap-
plying for such service shall first make oath in writing that he is to-
tally unable to pay for the service," and with this amendment they
recommend that the bil' do pass.
Respectfully submitted,
JAMES GETTIS, Chairamarrn
Which was read, and the accompanying bill placed among the-
erders of the day.
Mr. Coffee, from the Committee on Finance and Public Ac-
counts, made the following report:.
The Committee on Finance and Public Accounts, to whom was-
referred a bill to be entitled an act for the payment of the Florida
volunteers, called into service under the requisition of the Governor
of this State, for services rendered previous to their being mustered
in during the year 1856,
REPORT:
They have had the same under consideration, and recommend there
Bill' do pass.
C. C COFFEE,
Chairman, Committee on Finance and Public Accounts.
Which was read, and the accompanying bill placed among the
orders of the day.
Mr. Gillis, from a Select Committee, made the following report:.
The undersigned, the special committee appointed to ascertain
and report the cost of having all the acts of this session of a general
nature, (omitting local and. private acts,) printed in pamphlet form,
and a copy mailed, postage paid, to each of the Clerks of the Cir-
cuit Courts, to each member of this General Assembly, and to every
editor of a newspaper in the State, within fifteen days after the ad.
journment of this session, have discharged the duty assigned to them,.
ad.










75

REPORT:
That the cost for one hundred and fifty copies, (about the required
"- number,) will be from one dollar and fifty cents to two dollars per
page-and assuming that there will be about the same number of
pages of general acts passed at the present session as at the last,
say between twenty-five and thirty pages, the cost will not exceed
sixty dollars, and may be less, for the one hundred and fifty copies.
Respectfully submitted,
C. GILLIS,
T. BISSELL,
WM. L. WILLIAMS.
Which was read.
The following message was received from the Senate:
SENATE CHAMBER,
December 5th, 1859.
Hon. Joux B. GALBRAITI,
Speaker of the House of Representatives-
Sr : The Senate has this day passed the following bills, viz:
A bill to be entitled an act to authorize Guardians, Administrators
and Executors to invest the moneys of Wards, Testators and Intes-
tates, of Leon county, in the Railroad Bonds ofsaid county;
A bill to be entitled an act to authorize William F. Green, of
Gadsden county, to contract and be contracted with; and
A bill to be entitled an act to correct an error in a printed bill en-
titled an act to create the counties of Suwannee and New River.
Very respectfully,
J. E. BOWDEN,
Secretary of Senate.
Which was read and the accompanying bills placed among the
orders of the day.

ORDERS OF THE DAY.

A bill to be entitled an act making the first Monday in each
month a sale day for property under execution,
Was read the second time, and, on motion, referred to the Com-
mittee on the Judiciary.
A bill to be entitled an act regulating the method of drawing and
summoning Juries,
Was read the second time, and, on motion, referred to the Com.
mittee on the Judiciary.
The Select Committee, appointed to wait on the Senate and re-
quest the return to the House of Senate bill to be entitled an act to
change the name of Cynthia Jane Burdock to Cynthia Jane Willis,
reported that they had performed the duty assigned them and were
disclhirged.












A bill to lie entitled an act to empower David Franklin IIouck to
assume the management of iis own estate.
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 enforce the payment of Publio
Moneys widtheld by Defaulters,
)Was read th second time, and, on motion of 3Mr. Bush, referred
to the Commiittee on the Judicia 'y.
A bill to be entitled an act to amend tlh Charter of the city of
St. Augustine, Florida,
WVas read tli second time and ordered to be engrossed for a
third reading on to morrow.
A bill to be c.titled an act to empower William W. Tulcker, of
Jeflerson county, to assume the management of his own estate,
Was read the second time and ordered to be engrossed for a third
reading on to-morrow.
Senate bill to be entitled an act for the relief of Noah P. Suggt,
of Lafayette county,
Was read the second time and ordered for a third reading on to-
mnorrovw.
Senate bill to be entitled an act to authorize William J. Tucher,
a minor, to assume the n-anagement of his own estate, and to con-
tract and be contracted with,
Was read the second time : n ordered for a third reading on to-
M or0row.
Senate bill to be entitled an act to authorize George W'. Martin
to establish a Ferry across the Snwanneo river at Fayetteville,
Was read the second time and ordered for a third reading on to-
morrow.
Senate bill to be entitled an act to change the name of Sarah
Keziah Johnson to Amelia Ann Enteline Johnson,
Was read the second time and ordered for a third reading on to.
morrow.
Senate bill to be entitled an net to correct an error in the printed
act entitled an act to incorporate the City oi Lake City,
Was read the second iime and ordered for a third reading on to.
morrow,
A hill to be entitled an act as'to granting Retail Licenses in the
county of Sumter,
Was read the first time, and ordered to be read a second time on
to.morro.w.
Engrossed bill to be entitled an act to amend an act to enable
executors, administrators and guaidians to sell the real estate of in-
fants, approved January 23d, 1851,
Came up on its third reading.
On motion of Mr. Davidson, the bHll was placed b:Ick on its see.
clud reading and referred to the Committee on the Judiciary.












Engrossed bill to be entitled an act to prevent the killing of Stock
in certain cases,
Was read the third time and on the question of its passage, the
vote was:
Yeas-Mr. Speaker, Messrs. Barrett, Bird, Brinson, Broxson,
Bush, Campbell, Christie, Church, Coffee, Davidson, Erwin, Evans,
Gettis, Gillis, Heermans, Hughey, UIant, Johnston, Manning, Me-
Kinnon, Mickler, Nicks, Peacock, Roberts, Robinson, Smlith, Starke,
Yogt, White, Whitfield, Wiggins, Williams of Escambia, Williams
of Leon and You-35.
Nays-Messrs. Clyatt and McNeill-2.
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 Aaron Geiger of Clay
county,
Was read the third time.
Mr. Davidson moved that the bill he placed back on its second
reading and referred to the Committee on the Judiciary;
Wl.ich motion was adopted.
Engrossed bill to be entitled an act to authorize Minor W.
Walker, ot Jefferson county, to assume the management of his own
estate,
Was read the third time and, on the question of its passage, the
vote was:
Yeas-Mr. Speaker, Messrs. Bird, Brinson, Broxson, Bush,
Campbell, Christie, Church, Clyatt, Davidson, Erwin, Evans,
Frink, Hughey, Hunt, Johnston, Manning, McKinnon, McNeill,
Munn, Peacock, Richardson, Roberts, Robinson, Starke, Vogt,
White, Whitfield, Wiggins, Williams ot Leon and Yon-31.
Nays-Messrs. Coffee, Gillis, Mickler, Nicks and Williams of
Escambia-5.
So the bill passed-title as stated.
SOrdered that the same be certified.to the Senate.
Engrossed bill to be entitled an act for the relief of Allen Gibson,
Was read the third time and on the question of its passage, the
vote was:
Yeas-Mr. Speaker, Messrs. Barrett, Bird, Brinson, Broxson,
Bush, Campbell, Christie, Church, Coffee, Davidson, Erwin, Evans,
Frink, Gettis, Gillis, Heermans, Hughey, Hunt, Johnston, Manning,
McKinnon, McNeill, Mickler, Munn, Nicks, Peacock, Richardson,
Roberts, Robinson, Smith, Starke, Vogt, White, Whitfield, Wig-
gius, Williams of Escambia, Williams ot Leon and Yon-10.
Nay-Mr. Ingram-1.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
The rule having been waived, Mr. Starke was allowed to intro-
duce, in accordance witl previous notice, a bill to be entitled an act











to unite the offices of Judge of Probate and Clerk of the Circuit
Court in V,,lusia County;
Which was placed among the orders of the day.
Engrossed bill to be entitled an act to amend the laws of this
State in relation to Hawkers and Pedlars and Itinerant Traders,
Was read the third time.
Mr. Bush moved that the bill be placed back on its second read.
.ing and referred to the Committee on the Judiciary;
Which motion was adopted.
Engrossed bill to be entitled an act to allow additional compensa-
tion to County Commissioners,
Was read the third time and on the question of its passage, the
vote was:
Yeas-Mr. Speaker, Messrs. Barreft, Brevard, Brinson, Broxson,
Bush, Campbell, Christie, Church, Coffee, Davidson, Erwin, Frink,
Gillis, Heermans, Hughey, Hunt, Ingram, McKinnon, Mickler, Nicks,
Peacock, Richardson, Robinson. Smith, Starke, Vogt, White, Wig-
gins, Williams of Escambia, Williams of Leon and Yon-32.
Nays-Messrs. Bird, Gettis, Manning and Whitfield-4.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
A bill to be entitled an act to allow the State of Florida peremp-
tory challenges in certain cases,
Came up on its second reading.
Mr. Whitfield moved that the amendment proposed by the Judi.
ciary Committee be amended, by substituting eight" tor three,"
in the seventh line of the first section, as recommended by that
Committee;
On which motion the yeas and nays were called for by Messrs.
Barrett and Vogt, and were:
Yeas-Mr. Speaker, Messrs. Barrett, Bird, Brinson, Christie,
Church, Coffee, Evans, Frink, Heermans, Hunt, Ingram, Manning,
McKinnon, Nicks, Peacock, Smith, Vogt, White, Whitfield, Wig.
gins, Williams of Escambia, Williams of Leon and Yon-24.
Nays-Messrs. Bissell, Brevard, Broxson, Bush, Campbell, Cly-
att, Davidson, Erwin, Gettis, Gillis, Hughey, McNeill, Mickler,
Munn, Richardson, Robinson and Starke-17.
So the motion was adopted, and the report of the committee as
amended concurred in.
Ordered that the bill as amended be engrossed for a third reading
on to-morrow.
A bill to be entitled an act to require Justices of the Peace to
give Bonds,
Came up on its second reading.
The amendment proposed by the Committee on the Judiciary
was concurred in, and the bill as amended ordered to be engrossed
for a third reading on to-morrow.










79

Engrossed bill to be entitled an act to change the name of
George Frisby,
Was read the third time, and on the question of its passage the
vote was:
Yeas-Messrs. Barrett, Brinson, Brosson, Bush, Church. Clyatt,
Coffee, Davidson, Erwin, Evans, Frink, Gettis, Hunt, Manning,
McKinnon, Mickler, Nicks, Peacock, Richardson, Robinson, Smith,
Vogt, White, Wiggins and Williams of Leon-25.
Nays-Mr. Speaker, Messrs. Bird, Bissell, Brevard, Campbell,
Christie, Gillis, Heermans, Hughey, Ingram, McNeiI1, Munn, Starke,
Whitfield, Williams of Escambia and Yon-16.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
Engrossed bill to be entitled an act to change the time of holding
the Circuit Courts in the counties of Hamilton and Taylor, in the
Middle Judicial'Circuit of Florida,
Was read the third time, and on the question of its passage the
vote was:
Yens-M1essrs. Bird, Bissell, Brevard, Brinson, Broxson, Bush,
Campbell, Christie, Church, Clyatt, Coffee, Davidson, Erwin, Evans,
Frink, Gillis, Heerman, Hunt, Ingram, Manning, McKinnon, Mc-
Neill, Mickler, Munn, Nicks, Peacock, Richardson Robinson,
Smith, Starke, Vogt, White, Whitfield, Wiggins, Williams of
Escambia, Williams of Leon and Yon-38.
Nays-None.
So thB bill passed-title as stated.
Ordered that the same be certified to the Senate.
Engrossed bill to be entitled an act to change the name of George
Gibbs Smith to that of Georga Garey Smith,
Was read the third time and put upon its passage, upon which
the vote was:
Yeas-Messrs. Barrett, Bird, Brevard, Broxson, Bush, Christie,
Church, Clyatt, Coffee, Davidson, Erwin, Evans, Frink, Hunt,
Manning, McKinnon, McNeill, Mickler, Richardson, Robinson,
Smith, Vogt, White, Whitfield, Wiggins and Williams of Leon-20.
Nays-Messrs. Bissell, Campbell, Gillis, Heermans, Williams of
Escambia and Yon-6.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
A bill to be entitled an act to authorize John S. Addison, a minor,
of Marion county, to assume the management of his own estate,
Was read a third time and put upon its passage, upon which the
vote was:
Yeas-Mr. Speaker, Messrs. Barrett, Bird, Bissell, Brevard, Brox-
son, Bush, Church, Clyatt, Davidson, Erwin, Evans, Frink, Man-
ning, McKinnon, Peacock, Richardson, Smith, Starke, Vogt, White,
Whitfield, Wiggins. Williams of Leon and Yon-25.












Nay-Messrs. llimnson, Cntoee, Gillis, IIeermans, Ingram, Mick.
ler, Robinson and Williams of Escambia-8.
Sc the bill passed-title as stated.
Ordered that the same be certified to the Senate.
A bill to be entitled an act tc authorize the Board of Education
of the State Seminary west of the Suwanneo to conf-r Degrees, &c.,
Was read the third time and put upon its passage, upon which the
vote was:
Yeas-Mr. Speaker, Messrs. Barrett, Bird, Illssell, Brevnrd, Brina
son, Broxson, Bush, Campbell, Christie, Clyatt, Coffee, Davidson,
Erwin, Evans, Gettis, Heermans, Hunt, Ingram, MIanning, McKin-
non, McNeill, Mickler, Munn, Peacock, Richardson, Robinson,
Smith, Starke, Vogt, Whitfield, Wiggins, Williams of Escambia,
Williams of Leon and Yon-35.
Nays-None.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
A bill to be edtitled-an act to reduce the Taxes assessed for the
State, and to provide for the payment of Jurors, State Witnesses,
post mortem examinations, and expenses of Criminal Prosecutions, by
the several counties,
Was read the first time, role waived, read a second time by its
title, and on motion, referred to the Committee on Taxation and
Revenue,
Senate bill to be entitled an act to authorize William F. Green, of
Gadsden county, to contract and be contracted with,
Was read the first time and ordered to be read a second time on
to-morrow.
Senate bill to be entitled an act to correct an error in a printed
hill entitled an act to create the counties of Suwannee and New
River,
Was read the first time, rule waived, read a second time by its
title and referred to the Committee on the Judiciary.
A bill to be entitled an act in relation to Iuterest,
Was read the third time and put upon its passage, upon which
the vote was:
Yeas-Messrs. Barrett, Bissell, Bush, Campbell, Clyatt, David.
son, Erwin, Evans, Gillis, Peacock, Smith, Williams of Leon and
"Yon-13.
Nays-Mr. Speaker, Messrs. Bird, Brevard, Brinson, Broxson,
Church, Coffee, Heermans, Hughey, lunt, Ingrain, Manning, e.-
Kinnon, MeNeill, Mickler, NJunn, Nicks, Richardson, Starke, White,
Whitfield and Williams of Escanbia-22.
So the bill was lost.
A bill to be entitled an act in relation to the Gulf City and In,
terior Railroad Company and the Pensacola and Georgia Railroad
Company,











S1

Was read the second tim e by its title and, on motion, referred to
the Committee on Corporations.
Mr. Ingram moved that 80 copies of the samne be printed;
Which h motion was lost.
A bill to bu entitled an act to create and organize the county of
Perry,
Was read the first time, rule waived, read a second time by its
ti.le and referred to the Co!iinittee on Taxation and Revenue.
A bill to be entitled an act repealing certain acts passed in rela-
tion to the officers of Calhoun county,
Was read the first time, rule waived, read a second time by its
tile and ordered to Ie engrossed for a third reading oni to morrow.
A bill to be entitled an act to authorize A. B. Carraway to estab
lih a ferry across the Apalachicola river,
Was read the first time and ordered for a second reading on to-
morrow.
A resolution for the relief of the Comptroller of the State,
Was read the first time, rule waived, read a second time by its
title and ordered to be engrossed for a third reading on to-morrow.
A bill to be entitled an act to allow spiritous liquors to be drank
where sold in the counties of Jackson and Wakulla,
Was read the first time and ordered for a second reading on to-
morrow.
A bill to be entitled an act to amend an act entitled an act to di-
vide the county of Duval and organize a new county to be called
Clay county, approved by the Governor Dec. 31st, 1858,
WVas read the first tine and ordered to be read a second time on
to-morrow.
A bill to be entitled an act to require Physicians and Surgeons to
file certified copies of their Diplomas,
Was -ead the first time and ordered for a second reading on to-
111n 01 'r v.
morrow.
A bill to be entitled an act to provide for filling vacancies in cer-
tain offices in certain leases,
Was read the first tiam and ordered for a second reading on to-
morrow.
A bill to ib entitled an act for the payhient of the Florida Volun-
teers called into service under the requisition of the Governor of this
State, for services rendered previous to being Imustered in during
the yeats 1855,-'i,
Was read the second time and ordered to be engi-ossed for a third
reading on to morrow.
Senate bill to be entitled an act to authorize Guardians, Admin-
istrators and Executors, to invert the monies of Wards, Testators
and Intestates of Leon Count'y ia the Railroad Bionds of said
County,
11











83

Was read the first time, rule waived, read a second time by its
title and referred to the Committee on the Judiciary.
A bill to be entitled an act to afford a rule for iho constIuction
of wills and deeds in certain cases,
Was read the first time, rule waived, read a second time by its
title and referred to the Committee on the Judiciary.
A bill to be entitled an act to unite the offices of Judge of Pro-
hate and Clerk of the Circuit Court in Voluria County,
Was read the first time, and ordered to be read a second time on
to-morrow.
A bill to be entitled an act to amend an act entitled an act to se-
cure certain rights to married women,
Was read the first time, rule waived, read a second time by its
title, and on motion referred to the Committee on the Judiciary.
On motion of Mr. McNeill, 80 copies thereof were ordered to be
printed.
A resolution relative to the office of Register of the United States
Lands at Tallahassee,
Was read the first time, and ordered for a second reading on to-
morrow.
The rule having been waived, Mr. Gettis wasallowed to introduce,
according to previous notice.
A bill to be entitled an act for the benefit of the heirs of James
E. Hendry, deceased;
Which was read the first time and ordered to be read a second
time on to morrow.
The rule having been waived, Mr. Brevard was allowed to intro-
duce, according to previous notice, a bill to be entitled an act to
amend aln act entitled an act concerning the agencies of Banks of
other States located in this State,
Which was read the first time, rule waived, read a second time
by its title, and referred to a Select Committe, consisting of Messrs.
Elrwin, Davidson, Bush, Brevard and Manning.
On motion, the House adjourned until 10 o'clock, to-morrow
morning.




WEDNESDAY, December 7th, 1859.

The House met pursuant to adjournment-a quorum present.
Rev. Mr. Branch officiated as Chaplain,
On motion, the reading of the journal of yesterday was dispensed
with.









83

Mr. Vogt, from the Committee on Engrossed Bills, made the fol.
lowing Report:
Thi' Committee on Engrossed Bills report the following bills as
correctly engrossed:
A bill to be entitled an act to empower Charles Malthy West, a
minor, of Leon County, to assume the management of his own
estate;
A bill to be entitled an act to empower Susan iM. Croom,a minor,
of Leon County, to assume the management of her own estate;
A bill to be entitled an act to change the name of Andrew J.
Reveals. of Madison county, to that of Andrew J. Duncan;
A bill to be entitled an act to prevent the unnecessary use of fire-
arms in the State of Florida, on the Sabbath dany;
A bill to be entitled an act to amend the Charter of the City of
St. Augustine, Florida;
A hill to he entitled an act repealing certain acts passed in rela-
tion to the county officers of Calhoun County;
A bill to be entitled an act for the payment of the Florida Vo!un-
t-ers called into service under the requisition to the Governor of this
State for services rendered previous to their being mustered in during
the years 1855-'6;
A bill to be entitled an act to empower David Franldin Houck to
assume the management of his own estate ;
A bill to be entitled an act to empower William W. Tucker, of
Jefferson county, to assume thr management of his own estate;
A bill to be entitled an act to require Justices of the Peace to
give bond.
Respectfully submitted,
D. A. VOGT, Chairman.
Which was read.
Mr. Munn, from the Committee on Commerce and Navigation,
made the following report:
The Committee upon Commerce and Navigation, tb whom was
referred a hill to be entitled an act concerning pilots and pilotage at
Cedar Keys, ask leave to

REPORT:

That they have ha'i the said bill under consideration, and they
respectfully recommend that the hill do pass.
1OBT. D. MUNN, Chairman.
Which was read and the accompanying bill placed among the or-
ders of the day.
Also the foilwing:
The Committee tpon Commerce and Navigation to whom was











referred a bill to he entitled an net to amncnd an act to inmorpoirato
the city ofAtseena Otic, ask leave to
REiPORT:
That in their opinion the bill should be amended by striking out
the word ".barrel" ini the seventh line of rectio' 3d, and intiieirii i
lieu thereof the word "quart," n voI with this amendment tiey res-
spectfully recommend that the bill do pliss.
RO(Ti'. D.;; :;, Chairman.
Which was read and the accoompanlying bill placed aniong tih
orders of the day.
Mr. Gettis, from the Committee on tho Judiciary, made the fol.
lowing report :
The Committee on the Judiciary, to whom was refi rred a bill to
be entitled an act allowing two Judges of the Supreme Court to
hold a court in the absence of the third Judge ; nls-,
A bill to be entitled an act to authorize the Supreme Court to
establish rules in chancery practice; also,
A bill to be entitled an act in reaction to records ; also.
A bill to be entitled an act to amend the laws of this State relat,
ing to Divorce,
Have had the same under consideration, and ask leave to
REPORT
Them back to the House, and recommend their passane.
JAM ES GETTIS,
Chairman Committee on Judiciarv.
"Which was read and the accomp')nying bills placed among the
orders of the day.
The rule having been waived, Mr. 1\li I... of Escambia was al-
lowed to introduce the following MlemoRial:
To the General Assembly of the Sitle of Florida:
Your petitioner, representiig tthe wishes of numerous worthy citi-
zens of this State, shows to vyor honori.dbelc odv that the public
welfare of the State demianad that a Peniitvntiary a hWiuld be esiab.
listed, for the reason that in this enlightened age the death peal':ty
by hanging is repulsive to the tlelitgs of the mnajority-of J.urors called
to serve in capital cases, and thus it is itht the criminal often evades
adequate punishment. lespectr'olly,
WVM. L. WILLIAMS.
Which was read.
Mr. Williams of Escambia moved to refer the s::me to the Comn
mittee on the State of the Commonwealth;
Which motion was adopted.
The rulo having been w ;aiv:i, the fo!laowin- bi!.s were in!rodnced
without previous ntlice:










85

By M'r. Williams of Escambia:
A bill to be entitled an act declaring the Perdiio River naviga-
ble;
A bill to bh entitled an act to have a Public Weigher of Cotton in
the City of Pensaeola.
By Mr. Williams of Leon:
A bill to be entitled an act to empower Littlelerriy lMnning, a
minor, to assume the mana gement of hii; own estate;
Which bills were placed among the orders of the day.

ORDERS OF THE DAY.

A bill to be entitled an act to authorize George W. Martin to
establish a ferry across the Suwannee river at F:avetteville,
Was read the first time and ordered to be read a second time on
to-morrow.
Senate bill to be entitled an act to change the name of Sarah
Keziah Johnston to Amelia Ann Enieline Johnston,
Was read the second time and ordered for a third reading on
tc-norrow.
Senate bill to be entitled an act to authorize Wiilliam J. Tucker,
a minor, to assume the management of his own estate, and to con-
tract and be contracted with,
Was read the second time and ordered for a third reading on to.
mol1TOW.
Senate bill to be entitled an act for the relief of Noah P. Suggs,
of Lafayette county,
Was read the second time and ordered for a third reading on
to-morrow.
Senate bill to be entitled an act to correct an error in the printed
act entitled an act to incorporate the city of Lake City,
Was read the third time and, upon the question of its passage, the
vote was:
Yeas-Mr. Speaker, Messrs. Bird, Bissell, Brinson, Broxson,
Bush, Campbell, Christie, Church, Coffee, Davidson, Erwin, Evans,
Frink, Gettis, Gillis, Hughey, Hfint, Ingram, Johnston, Kenan,
Manning, McNeill, Mickler, Nicks, Peacock, Richardson, Robin-
son, Smith, White, Whitfield, Wiggins, Williams of Escambia, Wil.
liams of Leon and Yon-35.
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 authorize A. B. Caraway to estab.
lish a ferry across the Apalachicola river,
Was read the second time and referred to a special committee of
three, consisting of Messrs. Kenan, Campbell and Yon.










86

Engrossed hill to be entitled an cnt to empower Susan M. Croom,
a minor, of Leon county, to assume the management of her own
eut;ate,
Was read the third time and on the question of its passage the
vote was as follows:
Yeas-lr. ,Speaker, Mlssrs. Ba:rrett, Bissell, Brinson, Broxson,
1lnsh, Christie, Chnrch, CofFee, Da:vidson, Erwin, Evans, Frink.
linghey, Johnston, Keinnn,Manningr, McNeill, IMickler, Munn, Pea-
cock, obinson, Smith, '' i-, Vogt, White, Whitfield, Williams of
Leot and Yon-29.
N:Iys-Messrs. C. ,-.! '1 Giilis, Nicks, Williams of Escambia-4.
So the bill passed-tiloe as stated.
Ordered that the snne he certiied to the Senate.
The rule having g hben waived, Mr. Williams of Leon, was al.
lowed to iatrodluie, without previous notice,
A bill to be entitled an act to provide for the boring of an arte-
sian well in the capitol grounds,
Which was placed among the orders of the day.
The rule having boon waived, Mr. Bisstll was allowed to intro-
duce, without previous notice,
A bill to be en iilld an act in relation to Mortgages;
1'; i' w.ins placed among the orders of the day.
A bill to be entitled an act to allow Spiritous Liquors to be drank
where sold in the counties of Jackson and Wakulla,
Was read the second time.
Mr. Williams of Leon moved that the bill be referred to a Select
Committee of five ;
Which motion was adopted, and the Speaker appointed Messrs.
Williams of Leon, Richardson, Frink, Roberts and McNcill as said
Committee.
Mr. ;1l. N;ll moved that Mr. Munn be added to the Committee;
Which motion was lost.
The rule. having been waived, Mr. Barrett was allowed to i .;ro.
duce, in accordance with previous notice, the following bills:
A bill to be entitled an act still further to amend the 7th section
of the 13th article of the Constitution of this State;
A bill'to be entitled an act to amend the 8th section of the 13th
article of the Constitution of this State; and,
A bill to be entitled an act to repeal the 3d section of the 6th
article of the Constitution of this State;
Which were placed among the orders of the day.
A bill to be entitled an act to amend an act entitled an act to
divide the county of Duval and organize a new county to be called
Clay county, approved December 31st, 1858,
Was read the second time and, on motion of Mr. Gillis, referred
to a Select Committee of three, consisting of Messrs. Gillis, Smith
and Ingram.










S?

A bill to be entitled an act to require Physicians and Surgeons to.
file certified copies of their Diplomas,
Was read the second time and.ordered to be engrossed for a third
reading on to morrow.
A bill to bo entitled an act to provide for filling vacancies in cer-
tain o!iices in certain cases,
Was read the second time and, on motion of Mr. Gillis, referred
to the Committee on Elections.
The rule having been waived, Mr. Barrett was allowed to intro.
duce without previous notice,
A bill to be entitled an act providing for the publication of the
namic of certain persons with the acts of each and every session of
the General Assembly;
Which was placed among the orders of the day.
A bill to be entitled an act to unite the offices of Judge of Probate
and Clerk of the Circuit Court in Volusia County,
Was read the second time, and, on motion of Mr. Erwin, referred
to the Committee on the Judiciary.
Resolution relative to the office of Register of the United States
Lands at Tallahassee,
Was read the second time and ordered to be engrossed for a third
reading on to-morrow.
Senate bill to be entitled an act to authorize William F. Green of
Gadsden County, to contract and be contracted with,
W'as read the second tinia and ordered to be read a third time on
to-morrow.
A bill to be entitled an act for the benefit of the heirs of the estate
of James E. Hendry, deceased,
Was read the second time and ordered to be engrossed for a third
reading on to-morrow.
A bill to be entitled an act as to granting Retail Licenses in the
county of Sumter,
Was read the second time, and, on motion of Mr. Campbell, re-
ferred to the Select Committee having charge of the biil to be enti-
tled an act to allow Spiritous Liquors to be drank where sold in the
counties of Jackson and Wakulla.
Engrossed bill to be entitled an act to empower David Franklin
onuck to assume the management of his own estate,
Was read the third time, and on the question of its passage, the
vote was:
Yeas-Mr. Speaker, Messrs. Barrett, Bird, Bissell, Brinson, Brox-
son, Bush, Christie, Church, Coffee, Davidson, Erwin, Evans, Frink,
Hughey, Johnston, Kenan, M..inin.e'. McKinnon, McNeill, Mickler,
iunn, Peacock, Roberts, Robinson, Smith, Williams of Leon and
Yon-28.
Nays-Messrs. Campbell, Hunt, Ingram, Nicks and Williams of
Escambia-5.












So the bill passcd-title as stated.
Ordered that the samo be certified to tho Senate.
Engrossed bill to be entitled an act to empower William W. Tuck.
er, of Jefferson County, to assume the management of his own es-
tate,
Was read the third time, and on the question of its passage tho
vole was:
Yeas-Mr. Speaker, Messrs. Barrett, Bird, Bissell, Brinson,
Broxson, Bush, Church, Coffee, Davidson, Erwin, Evans, Frink,
Hughey, fHunt, Johnston, Kenaln, Manning, McKinnon. euNeill,
Peacock, Roberts, Robinson, Smith, Vogt, V. l.it: I..J, WVilli'ams of
Escambia, Williams of Leon and Yon-29.
N'ilys-Messrs. Campbell and Gillis--2.
So tilhe bill passed--title as stated.
Ordered that the same be certified to the Senate.
Engrossed bill to be entitled an act for the payment of the Volun-
teers mustered into service under the requisition of the Governor of
this State for the years 1855-'i,
Came up on its third reading, and was, on motion, referred back
to the Committee on Engrossed Bills.
Engrossed bill to be entitled an act repealing certain acts passed
in relation to the county officers of Calhoun county,
Was read t thd t thi time, and on the question of its passage tle
vote was:
Yeas-Mr. Speaker. Messrs. Barrett, Bird, Brinson, Bush, Camp-
bell, Erwin, Frink, Gillis, [Iunt, Johnston, Kenan, Manning, Mc-
Kinnon, Mickler, Muinl, Nicks, Peacock, Richardson, Roberts, Rob-
inson, Smith, Staike, Vogt, Whitfield, Williams of Escambia and
Yon-28.
Nays-None.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
Enprossed bill entitled an act to amend the charter of the city of
St. Augustine,
Was read the third time and, on motion, placed bhnc on its
second reading iand rte'llrred to the Committee on the Judiciary.
Enigrossed bill to be entitled ni act to prevent tie unnecessary
use of fire arms in the State of Fllorida on the Sabbath day,
Was read the third time and, upon tile question of its passage, the
vote was:
Yeas-Mfessrs. Barrett, Bird,. Bissell, Bush, Campbell, Christie,
Church, Cofilee, Davi(son, Erwini, Evans, F rink, H[eermans, Man.
ning, McKinnun, Mickler, Pe:cock.i Richardson, Robinson, Smith,
Starke, Vogt, White, hi .itfie]d, VWillhims of Escatn bia and Yon-
2 -i.
Nays-Mr. Speaker, Messrs. Britnion, Broxson, Gettis, Gillis,











St)

IlTnt, Ingrain, Johnston, Konan, McNcill, Munn, Roberts. Williams
of Leoi-13.
So the hill passed-title as stated.
Ordered that the same be certified to the Senate.
'The rule having been waived, Mr. Erwin moved that the bill to
vIosolidate the ollice of Judge of Probate and Clerk of trhe Circuit
Court of Volusia county, be reconsidered,
Which motion was adopted, and the bill ordered to be engrossed
for a third reading on to-morrow.
Engrossed bill to be entitled an act to change the name of An-
drew J. Revells, of Madison county, to that of Andrew J. Duncan,
Was read a thirdd time and on the question of its passage the vote
w\as:
Yeas-Messrs, Barrett, Bird, Broxson. Bush, Church, Coffee,
Davidson, Erwin, Evans, Frink, Johnson, Kenan, Manning, Mc-
Kinnon, McNeill, Mickler, Peacock, Richardson, Robinson, Smith,
Vogt, White and Williams of Leon-23.
:'ays-Mr. Speaker, Messrs. Bissell, Brinson, Campbell, Christie,
Gettis, Gillis, Heermans, Hlughey, Hunt, Ingram, Starke, Willia.ns
of Escambia and Yon-14.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
Engrossed bill to be entitled an act to empower Charles Maltby
West, a minor, of Leon county, to assume the management of his
own estate,
Was read the third time, and on the question of its passage the
vote was:
Yeas-Mr. Speaker, Messrs. Barrett, Bird, Bissell, Brinson, Brox-
son, Bush, Church, Coffee, Erwin, Evans, Frink, Johnston, Kenan,
Manniing, McKinnon, McNeill, Mickler, Munn, Peacock, Richard-
son, Smith, St;irke, Vogt, White, Williams of Leon and Yon-27.
Nays-Messrs. Campbell, Christie, Gittes, Gillis, Heermans
lHaghey, Hunt, Ingram and Williams of Escambia-9.
So the bill passed-title as stated.
Orde;ed that the s:aie be certifieJ'to the Senate.
Engrossed bill to be entitled an act to require Justices of the Peace
to give bond,
Was read the third time and upon the question of its passage the
vote was:
Yeas-Mr. Speaker, Messrs. Barrett, Bird, Bissell, Broxson, Chris-
tie, Coffee, Frink, Gettis, Gillie, higram, Johnston, Manniing, Me-
Kiniiro, McNeillir,ickler, Minin, Nicks, Richardson, Roberts, Vogt,
Wiggin,, Williams of Leon and Yon-2-1.
Nlays--Iossrs. Bush, Campbell, Davidson, Erwin, Evans, lleer-
mnirs, llughey, Hunt, Keinai, Peacock, Robinson, Smith, Starke,
White and Willi:ams of Escanmbia-15.
12












So the bill passed-title as stated.
Ordered that the smne he certified to the Senate.
A bill to be entitled an act to authorize the Supreme Court to
establish rules in chancery practice,
Was read the second time and ordered to be engrossed for a
third reading on to-morrow.
Senate bill to he entitled an act to amend the laws of this State
Relating to Divorce,
Was read the second time and on motion referred to the Commit-
tee' on the Judiciary.
A bill to be entitled an act in relation to records,
Was read the second time and ordered to be engrossed for a
third reading on to-morrow.
Senate bill to be entitled an act allowing two Judges of the 3u-
preme Court to hold a Court in the absence of the third Judge,
Was read the second time and ordered for a third reading on
to-morrow.
A bill to be entitled an act to repead the 3d section of -the 6th
article of the Constitution of this State,
Was read the first time and ordered for a second reading on to-
morrow.
A bill to be entitled an act declaring the Perdido liver navigable,
Was read the first time and ordered to be read a second time on
to-morrow.
A bill to be entitled an act ir relation to Mortgages,
Was read the first time and ordered for a second reading on to-
morrow.
A bill to be entitled an act to amend the 8th section of the 13th
article of tne Constitution of this State,
Was read the first time and ordered to be read a second time on
to-morrow.
A bill to be entitled an act to provide for the appointment of a
public Weigher of Cotton in the city of Pensacola,
Was read the first time and ordered for a second reading on to-
morrow.
A bill to be entitled an act providing for the publication of the
names of certain persons with the acts of each and every session of
the General Assembly,
Was read the first time and ordered to be read a second time on
to-morrow.
A bill to-be entitled an act to provide for the boring of an Arte-
sian Well in tile Capitol grounds,
Was read the first time and ordered to be read a second time on
to-morrow. I
A bill to be entitled an act to empower Littlebery Manning, a
ilnor, to assume the management of his own estate,










91

Was read the first time, rule waived, read a second time by its
title and ordered to l)e engrossed for a third reading on to-morrow.
A hill to be entitled an act to amend an act entitled an act to
incorporate the city of Alseena Otie,
Was on motion informally laid over.
A bill to he entitled an act concerning pilots and pilotage at
at Cedar Keys,
Was on motion informally laid over.
An act still further to amend the 7th section of the 6th article of
"the constitution of this State,
Which was read the first time and ordered to be read a second
time on to-morrow. I
The rule being waived, Mr. Davidson gave notice that he will at
some future day introduce a bill to be entitled an act relative to the
sale under execution of mortgaged property.
The following message was received fiom the Senate:
SENATE CIIAMBER,
December 61h, 1859.
Hon. JOHN B. GALBRATITI,
Speaker of the House of Representatives :
ST : The Senate has this day pissed the following bills and reso-
lution :
A bill to be entitled an act to establish a Ferry across the Och-
lawaha river;
A bill to be entitled an act for the relief of Andrew J. Moore and
Wmn. S. Dilworth ;
A bill to be entitled an act to change the name of Mary King to
Mary Hancock;
A bill to be entitled an act to change the .name of Hugh Martin
Newsoms to lHugh Martin Keen ;
House bill to be entitled an act to amend the laws now in force
in this State relative to Ejectment Suits.
Also, Joint Resolution fr adjournment.
Very respectfully,
JAMES E. BOWDEN,
Secretary of Senate.
Which was read and the bills and resolution placed among the
orders of the day.
Also the following:
SENATn CIA3IMBEnR,
December 6th, 1859.
Hon. JOHN B. GALBTAITIH,
Speaker of the House of Representatlies :
The Senate has this (lay ordered that the bill to be entitled an










92

net to change the name or Cynthia Jane Burdocw to Cynthia Jane
Willis be returned to your honorable body.
Very respectlully,
JAMES E. BOWDEN,
Secret n r of Seiato.
Which was read and the accompanying bill placed among the
orders of the day.
On motion, the liouse adjourned until to morrow morni;i, 10
o'clock.




TIHURSDAY, December 8, 1859..

The House met pursuant to adjournment-a quorum present.
Rev. Mr. Branch officiated ;is Clmaphlin.
On motion, the reading of the journal of yesterday's proceedings
was dispensed with.
Notice of the introduction of bills at some future day was given
by the following gentlemen, viz:
By Mr. Kenan :
A bill to be entitled an act to extend the jurisdiction of the Jus-
tices of the Peace of this State.
The rule having been waived, the following bills were introduced
without previous notice:
By Mr. Broxson:
A bill to be entitled an act to change names and to allow minors
to assume the management of their own estates, to contract, and be
contracted with, to sue and be sued as of age, iii certain cases.
By Mr. Bush:
A bill to be entitled an act concerning Criminal Proceedings.
By Mr. McKinnon:
A bill to be entitled an act in reference to Common Schools in
the county of Walton ;
Which bills were placed among the orders of the day.
Mr. Gillis moved that a Committee of three be appointed to con-
tract for the printing of all the Acts of a general nature passed or
to be passed at this adjourned session, and a copy mailed, pol;te
paid, to each member of this General Assembly, to each of tie
Clerks of the Circuit Courts nnd to each Editor of newspapers pub-
lished in this State, within 15 days after the adjournment thereof;
Which motion was adopted.
The following gentlemen were appointed said Committee: Messrs.
Gillis, Brevard and Davidson.
Mr. Williams of Leon presented a petition for the relief of M. F.
Papy;









93

Which wia road and on motion was referred to a select commit.
tee consisting of Messrs. Williams of Leon, Ingram, \Wiggins, Bird
and Richardson.
The Comoiittee on Engrossed Bills made the following report.:
The Commitltee oi Engrossed Bills report the following bills and
resolutions as correctly engrossed, viz:
A hill to be entitled an act in relation to Records;
A hill to te entitled an act to authorize the Supreme Court to es-
tablish Rules in Chilncery Practice;
A bill to he entitled ani act allowing two Judges of the Supreme
Court to hold a Court in the absence of the third Judge;
A bill to be entitled an act to unite the offices of Judge of Probate
and Clerk of the Circuit Court in Volnsia County;
A bill to le entitled an act to require Physicians and Surgeons
to file certified copies of their Diplomas;
"A bill to amend the laws of this State relating to Divorce;
"A hill to he entitled an act for the benefit of the heirs of the es-
tate of James E. Hendry, deceased;
A bill to be entitled an act for the payment of the Volunteers ot
Florida called into service under the requisition of the Governor of
this State, for services rendered previous to their being mustered in
during the years 1855-'6;
A resolution for the relief of the Comptroller of the State; and
Resolution relative to the office of Register of Uni:ed States Lands
at Tallahassee. Respectfully submitted,
D. A. VOGT, Chairman,
Which was read and the accompanying bills and resolutions
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 the Attachment Laws of this State, have
had the same under consideration and suggest the following amend-
ments: After the word before," in the tenth line, strike out the
words any officer authorized by the laws of the State to administer
an oath," and insert in lieu thereof the words, a Justice of the
Peace or Clerk of the Circuit Court, as is now provided by law ;'
also at the close of the second section add the words, provided
that nothing herein contained shall effect any proceeding now pend-
ing in any of the courts of this State, under the attachment laws now
in torce; and after the word will," in the fifteenth line of the first
section, insert the word fraudulently," and with these amendments,
your committee recommend the passage of the bill.
JAMES GETTIS,
Chairman Corn. on Judiciary.
Which was read and the acconmp:inying bill placed among the
orders of the day.










9-1-

Also the followinvt :
lThl Committee on the J.ldiciar y, to whom was preferred a bill to
Ie eiiitiled nn net. making the first Monday ifn each month a sale
lay lfr property uirder Execution, have hadl the same under con-
tiiler:atiol, an!, in the opinion of a majority of your committee, it
would not be expedient to pass the bill; they, therefore, recommend
thliat it do not pass.
JAMES GETTIS,
Chairman com. on Judiciary.
Which was read and the accompanying bill placed among the
orders of tlie day.
Also the following :
The Committee on the Judiciary, to whom was referred a bill to
be entitled an act to enable Executors, Administrators and Guar-
di:ins to sell the real estate of Infants, approved January 23d, 1S51,
have hart the same under consideration and suggest that the bill be
naended by adding at the close of the first section the following,
viz: or by like dinner of proceeding as is provided by the second
section of an act entitled an act further to define the duties of the
Probate Courts of this State, approved December 22d, 185C," and
with this amendment they recommend the passage of the bill.
JAMES GETTIS,
Chairman of Committee on Judiciary.
Which was read and the accompanying bill placed among the
orders of the day.
Also the following:
The Committee on the Judiciary, to whom was referred a bill to
be entitled an act to provide for the consolidation of the statutes and
the compilation of a Code of Laws for this State, have had the
same under consideration and find that the object sought to be ob-
tained by the bill would be of great benefit to the State. Your com-
mittee, therefore, recommend the passage of the bill.
JAMES GETTIS,
Chairman Com. on Judiciary.
Which was read and the accompanying bill placed among the or-
ders of the day.
Also the following:
The Committee on the Judiciary, to whom was referred a bill to
be entitled an act for the relief of Aaron Geiger, have had the same
under consideration, and are of the opinion that if good cause can
be shown, the Court has the power to change the venue, and as
such change might work a hardship on the plaintiff equal to that of
the defendant, proposed to be obviated by the bill; therefore your
Committee ask leave to report the bill back to the House, and re-
commend that it do not pass.
JAMES GETTIS,
Chairman Committee on Judiciary.










95

Which was read and the accompal.n ing bill placed arnng the
orders of the day.
Mr. Kenan from the Committee on Claims made the fol:owiing re-
port:
The Committee on Cliinms to whom was referred a bill to be en-
titled an act for the relief of Saiiuel Willford, the Couniy Surveyor
of Jackson County, have had the same under consideration and res-
pectfully recommend that the bill do pass.
D. L. KENAN, Chairman.
Which was read and the bill placed aunong the orders ot the day.
Mr. Wiggins from the Committee on Taxation and Revenue, made
the following report:
'Tho majority of the Committee on Taxation and Revenneto
whom was referred the bill to be entitled an act to create and or-
ganize the County of Perry, beg leave to report that they have care-
fully examined the same, and recommend that the bill do pass.
Very respectfully,
JAMES A. WIGGINS, Chairman.
Which was read and the accompanying bill placed among the or-
ders of the day.
Mr. Peacock from the Select Committee to inquire into the bounda-
ry between the counties of Columbia and Suwannee made the fol-
lowing majority report:
The Select Committee to whom was referred a bill for the
change of the boundary line between the counties of Columbia aid
Suwannee, have carefully and duly investigated the same, and beg
leave to make the following
REPORT:
They find that the present boundary line dividing the Counties of
Suwannee and Columbia, was established at the last session of the
General Assembly of Florida, and approved by the Governor Dec.
21st, 1858, and left to the people for their ratification, which ratifi-
cation took place on Monday, February 21st, 1859. The county
was duly organized in good faith, to carry out the provisions of the
bill to be entitled an act for the creation and organization of the
counties of Suwannee and New River, and in compliance with said
bill, they have selected and located a county site, and have built a
court house suitable for carrying on the business of the courts.
They have also sold lots to the amount of four thousand dollars or
thereabouts, and have made arrangements for the sale of several
thousand more.
Your committee further find in the examination of this matter,
that persons who have purchased lots have expended largely in the
improvement of the same.
They also find that if .the line claimed by this bill is established,
it will make it necessary to remove the county site to another place,












as the line claimed would run in five miles or ltss of said county
site, the'relore rendering valueless the property of those citizens of
SinwalllneC county who have purchased lots in said county site, be-
lieving the same to have been permanently located and established.
Your committee Ifurther find, from representations made to them
by a county commissioner of Suwannee county, that the census has
been taken, with the view of settling with Columbia county their
pro rata share of the bonds subscribed by Columbia county, and
they are aware of no law by which the census can be taken again
for the sane purpose. -They are also informed by the same county
commissioner, that the county have, in good fiith, taxed themselves
for 8 per cent. interest, the amount made payable on the County
bonds of Columbia county, when the bill by which they were di-
vided froin Columbia required of them but 6 per cent., believing it to
be but an act of justice to pay their pro rata share of interest, as
well as their pro rata share of bonds.
Your committee further find, that after the bill passed the :Ist
Legislature, and was approved by the Governor as aforesaid, the
same was sent to the counties of Columbia New River and Su-
wannee, for their ratification, and not only received a majority of
the votes of New River and Suwannee, but also of Columbia.
"Your Commiitee therefore, in justice to the citizens of Suwannee
county, and their best interests, both in view of tie location of the
county site, and money expended in purchasing property, and the
destruction of the same as the present bill must do, and the destruc-
tion of said property of her citizens by removal to another place, re-
commend tlht the bill do not pass.
Respectfully submitted,
ROBERT M. D, PEACOCK, Chairman,
T. J. M. RICHARDSON,
JOHN M. F. ERWIN,
JOHN G. SMITH.
Which was read and the accompanying bill placed among the
orders of the day.
Mr. Roberts, from the same committee, made the following minor-
ity report:
Mr. Roberts, from the Special Committee appointed by the House
to take into consideration the propriety of the passage of tie Bonn.
dary Line bill between Co!umbia and Suwannee counties, begs
leave respectfully to make the following minority
REPORT:
That said Boundary Line bill ought, ii justice to the people of
both Counties, to pass, for these reasons, viz: because the Senator
and Representatives were elected will an express pledge that they
would carry out the line as laid down in the bill; that the people
held a Convention at Alligator directly after the election, and in-












structed the candidates to pass said line, which would have been
done at the last session had not Mr. Peacock declared that the peo-
ple in convention assembled were mistaken, and he could furnish the
line that the convention intended. The Senator and Mr. Brinson
and mysell, out of respect to Mr. Peacock, allowed him to change
the line, with his solemn pledge as a man of honor and a gentleman.
that if the line he said was correct, upon examination of the origi-
nal proceedings of the convention, should prove incorrect, he, Mr.
Peacock, would go for its change, which said gentleman has failed
to do. One objection to the passage of this bill is that the people
have ratified the line. Now here are the facts in that matter: This
was a division bill and the people of the new counties; had the pow-
er to out vote the mothf'r county (old Columbia,) and being anxious
for the division they carried it by a majority, but old Columbia did
her best to defeat it, because it robbed her of part of the territory
which she was to have in the convention of the people. If the bill
had been voted upon by sections, and the distinct issue of the line
had been made, and old Columbia had voted for it, then it might be
said to have been ratified ; but this was not the case. The object
of the new counties was division, and the rights of Columbia were
entirely overlooked and disregarded.
To the argument that the line will run too close to the Court-
house, I have to say that old Columbia had nothing to do with put-
ting it there. The line runs now within seven miles of Lake City,
when, under any equal division, it ought to run twelve miles.
.They may say that it will destroy their representation. They
are not entitled to one now, and the bill dividing the counties in-
cludes them as a part of the Representative District of Columbia.
Finally, the people in convention assembled, directly after the
election of the division candidates, agreed to a bill with a section of
which this boundary bill is a copy, and which section was struck
out at the instance ofthe chairman of this committee in the original
bill, in which the people intended to give to Suwanne 25 townships
of land, to Columbia 25 and to New River 26. Now as the line
stands old Columbia does not get hIer share of territory, and if the
Legislature refuses to pass this bill, which is supported by the Sen-
ator fiom the District and Mr. Brinson and myself, and which, after
being thoroughly explained in the Senate, passed that body unani-
mously, then the Legislature would be countenancing a fraud on the
people, which is proven by the remark of Mr. Peacock to me after
the passage of the bill last winter, 'to-wit: that if he was smart
enough to take a part of the territory which honestly and justly be-
longed to old Columbia from McCall and Steve Roberts, instead of
being blamed he ought to be applauded for it.
Respectfully,
STEPHEN ROBERTS.
13









95

Which was read.
The rule. having been waived, ?r. Brevard was allowed to intro.
duce a petition ior the relief II. lT. locker;
Which, on motion, vwas referred to the select committee to whom
was referred the petition of M. F. Papy.
Mr. Williams of Leon, from a select Committee, made the follow-
ing report:
The Committee to whom was referred a bill to allow spihrions li-
qnors to be drank where sold in the counties of Jackson and Wakal-
la counties, beg leave to
REPORT:
That they have .examined the i0il, and in their ornioan the wvord
" Counties of Jackson and W.iV.;i:'n," i ouldd be tanickv.n ou t n:d
the words State cf Florida," bo imwst'd, ; d iwith such insertion
they recommended that the bill do i o.
.. ILLT '.IS, Chairman.
'. 1 2,. .:. "I iiA LDSO X,
JOHN" FRNE.
Which wars read and the eccoia-'.ninilg bill placed ai.mong the
orders of the (diy.
dr'. Keoan, from a Select Commiittee, ma 'e the :. .. .re-
portt:
iThe undersigned, a nmaority of the Select Cmiimnittee o whomn
was referred the hill to e entiilid an neact t, nathorize A. 1. Ct ra.
way to estab ,il n ferrv yac ioss 1tie Apil,:acicoiai river, respectfully
lrconlliiunld that tii bill do not ,jl;s.
D. L. KEINAX, Chairman,
A. CAIPBE'LL.
lWhich was read, and the necmp:an'yig bill placed among
the orders of the day.
The following message was received front t'he Senate:

T'al hlats;ee, Dec 7, 1850.)
IIo:;. Jouix B. GanIAmnT-:,
Speakcr of the House o of :
SI: The Senate has this day lansc d thi following bills, viz.:
A bill to be entiied 'n act to namnd an act entlied an act to
organize the county of Volusia, approved January 29th, 1854;
A hill to be ntid to ae ild to horizon Spencer Price, of Levy
county, to estal!i.h a i.;'r: fnrom No. 4, on the n,,in. l:id, to the
Western tor of iii the"l [10'i ;ido loadlod oe: 'avy Key, thence
across the Bay to the city of Aio:'an. Otl;
A bill to be entitled ai act to amenid the law nalowinl;g appeals
from the decisions ot the Boards of County Commnissiuners in this
State; and,










99

House bill to be entitled an act to nathorize Minor W. Walker, of
Jefferson county, to assume the niamingonaent of his own estate.
Very rispetiiuly.
JAdLiS Ei. BOWVIDEN,
Secretary of Senate.
V7;ihich wa'r read and the accompanying bills placed among the
orders of the dIay, andl the House hill ordered to be enrolled.
The rule having ioe:w waived, Mr. Smith was allowed to intro-
duce, in accord:Iae with p'iveious notice, the ohlowing bills:
A bill to be entitled an a.et Ior the relief of Ozias Buddington;
and,
A bill to be entitled an act for the relief of Peter Falalna, of Clay
county ;
Which were placed among the orders of the day.
'he rule having been waived, Mr. Kenan gave notice that he will
on to morrow, or some future day, introduce a bill to be entitled an
act to amend an act entitled an act to amend an act entitled an act
to incorporate the town of Quincy, approved Feb. 12th, 1837.

ORDERS OF THE DAY.

A hill to be entitled an act to authorize A. B. Caraway to estab.
lish a Ferry across the Ap:dachicola river,
Was read the second time, and on motion of Mr. Kenan, indefi-
nitely postponed.
Senate bill to be entitled an act to amend the law allowing appeals
front the decisions of the Boards of County Commissioners in this
State,
Was read the first time, rule waived, read a second time by its ti-
tle, and on motion referred to the Committee on the Judiciary.
Senate bill to be entitled an act to authoiise Spencer Price, of
Levy county, to establish a Ferry from Namnber Four, on the main
land, to the Western terminus of the Florida Rlailrcad on Way Key,
thenire across the Bay to the city of Atseena-Otie,
Was read the first time and ordered for a second reading on to-
morrow.
Senate bill to be entitled an act to .mend an act entitled an act
to organize the County of Volusia, approved January 29th, 1854,
Was read the first time and ordered for a second reading on to-
mon! OW.
Senate bill to -be entitled an act to change the boundary line be.
tween Colu:nbia and da\wannee counties,
Was read the second time and ordered for a third reading on to-
morrow.
A bill to be entitled an act to create and organise the county of
Perry,