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

House Journals.

A

"JOURNAL OF THE PROCEEDINGS

OF THE

HOUSE 0 ,REPRESENTATIVES

OF THE

FIRST GENERAL ASSEMBLY

OF THE

STATE OF FLORIDA,

---

AT ITS

BEGUN AND HELD IN THE CITY OF TALLAHASSEE, ON
"MONDAY, JUNE 23, 1845.

TALL A I ASSEE:
PRINTED AT THE FLORIDIAN OFFICE,

18151.

TUESDAY, 24th June, 1845.

The House met pursuant to adjournment, and a quorum being pre-
sent, the Journal of yesterday's proceedings was read.
After prayer by the Rev. Dr. Nash, the following members were
sworn by Judge Dupont, viz: James R. Riley, Charles A. Tweed,
William W, J. Kelly, and Benjamin G. Waring.
On motion of Mr. Floyd, the House proceeded to the election of
Speaker, when HUGH ARCHER was declared unanimously elected.
On motion of Mr. Ferguson, the House proceeded to the election
of Chief Clerk, when MARIANO D. PAPY was declared unanimously
elected.
On motion of Mr. Floyd, the House proceeded to the election of
Sergeant-at-Arms, when WILLIAM BLOUNT was declared duly
elected.
Mr. Floyd moved that the House proceed to the election of Mes-
senger;
Whereupon Mr. Brown introduced the following resolutions:
Resolved, That the election of subordinate Clerks be dispensed
with, their duties properly belonging to the department of the Clerk
of the House of Representatives, who should receive adequate coni-
pensation for the extra work actually performed.
Resolved, That the Sergeant-at.Arms and one Door Keeper are
the only subordinate officers necessary to be elected this session of
the Legislature.
Which, on motion, were postponed for the present.
Mr. Floyd moved that a committee be appointed to wait on the
Senate and invite that body into the Represesentative Hall, to can.
vass the returns of the election held on the 26th of May last.
Mr. Brown moved that the committee be instructed to inform the
Senate of the organization of this House, by the election of a Spes
ker, Chief Clerk, and Sergeant-at-Arms, as an amendment thereto ;
Which motion and amendment being carried, the following gen
tlemen were appointed said committee, viz:
Messrs. Floyd, Brown and McClellan.
/ Mr. Myers moved that a committee of five be appointed to draft
/ resolutions expressive of the feelings of this House, on the death of
General ANDREW JACKSON;
Which being carried, Messrs. Myers, Allison, Loring, Penn and
Alexander, were appointed said committee.
On motion, the resolutions introduced by Mr. Brown were taken
up, and Mr. Allison introduced the following as a substitute therefore:
Resolved, That one Assistant Clerk, a Sergeant.at.Arms, (and
Door-keeper,) are the only subordidate officers necessary to be elec.
ted to attend upon the House at the present session.
On motion of Mr. Fernandez, the words and Door-keeper" were
stricken out.
Mr. Ferguson moved that the words and Messenger," be itser.
ted in lieu of the words and Door-keeper" stricken out;
Which motion was .lost.

(

7

The question then being put upon the adoption of the substitute
introduced by Mr. Allison, it was carried in the negative.
The question upon the adoption of the resolutions introduced by
Mr. Brown then being put, they were carried in the affirmative.
Mr. Floyd moved that five gentlemen be added to the Committee
appointed to draft resolutions expressive of the feelings of this House
on the death of General Jackson.
Which motion being carried, the- following gentlemen were ap-
pointed, viz:
Messrs. Kelly, Smallwood, Tracey, Brown and Tweed.
Mr. Kelly moved that the House adjourn till this evening 4 o'clock.
Which motion was lost.
Mr. McClellan moved a reconsideration of the vote on the resolu-
tions introduced by Mr. Brown.
The ayes and noes being called for by Messrs. Brown and Mc.
Clellan, were as follows:
Ayes-Messrs. Allison, Dell, Dummett, Ellis, Fernandez, Floyd,
Ferguson, Fontane, Goff, Hurst, Loring, McClellan, Newsom, Phil-
lips, Smith and Tracey-16..
Noes-Mr. Speaker, Messrs. Alexander, Branch, Brown, Barkley,
Brett, Coleman, Cotten, Forbes, :Gillis, Kelly, Myers, Neal, Penn,
Riley, Smallwood, Stewart, Stone, Tweed and Waring-20.
Ayes-16. Noes-20. So the motion was lost.
On motion the House adjourned till 4 o'clock, P. M.-

4 o'CLoCK, P. M.

The House met pursuant to adjournment. The roll being called,
the Speaker announced that a quorum was present.
On motion of Mr. Floyd, the House proceeded to the election of a
Door.keeper, when Samuel B. Foster was declared duly elected.
Mr. Smith offered the following resolution :
Resolved, That the Clerk of the House of Representatives be au.
thorized to purchase pens, ink, paper and inkstands, to the amount of
$30, for the use of members, and that no other Stationary be allowed
without further order.
Mr. Smallwood introduced the following as a substitute therefore :
Resolved, That each member of this House furnish his own Sta.
tionary, at his own expense.
Which was adopted.
Mr. Ferguson offered the following resolution :
Resolved, That the Clerk of this House be authorized to purchase
Stationary for the officers of this House, and other articles necessary
not to exceed one hundred dollars.
Mr. Smith moved that the words one hundred dollars" be strick-
en out.
The ayes and noes being called for on maid motion, were as fol
lows

a

Ayes-Messrs. Allison, Alexander, Barkley, Brown, Cotten, Dell,
Dummett, Ellis, Ferguson, Fernandez, Fontane, Forbes, Goffi Kelly,
Loring, McClellan, Neal, Newsom, Penn, Philips, Riley, Smallwood,
Smith, Stewart, Stone, Tracey and Tweed-27.
Noes-Mr. Speaker, Messrs. Branch, Brett, Coleman, Floyd, Gil.
lis, Hurst, Myers and Waring-9.
Ayes 27-Noes 9. So the motion to strike out was carried.
Mr. Floyd moved that the resolution be laid on the table:
Which was carried.
A committee was received from the Senate, who by their chair-
man stated, that the Senate had adopted a resolution to transact no
business to-day, in consequence of their having heard of the death of
General Andrew Jackson, and therefore had declined to accept the
invitation sent them by the House, to appear and canvass the votes
given at the late election, but that they would be glad to avail them-
selves of the opportunity to accept the invitation at any hour the
House may appoint on to-morrow.
On motion of Mr. Brown, the committee appointed this morning
were requested again to wait on the Senate and inform that body
that the House would be ready to receive them at 9 o'clock on to-
morrow.
Mr. Myers from the committee appointed to draft resolutions ex-
pressive of the feelings of the House on the death of General Jackson,
made the following report :
Inasmuch as information has reached this Capital of the death of
ANDREW JACKSON, the first American Governor of Florida and the
last American President whose life and fame mingles with the events
of the Revolution : And inasmuch as an allwise and merciful Prov-
idence has relieved from suffering and taken to himself this illustri-
ous citizen, so full of honors and so blessed with a Nation's love, reli-
gion and good sense alike forbid us to rebel against the course of na-
ture, or murmur at such a dispensation, and rather requires our deep-
est gratitude, for having spared to us, so long in the fulness of his fac.
ulties, the inestimable services and valued counsel of a man so esti.
mable, a Statesman so wise, a soldier so eminent, a patriot so- true
and a citizen so incorruptibly American in every feeling. Yet we
deem it becoming and respectful to pause in the ordinary duties o
life, to mark the era of a great event, that the 'mind may contem-
plate the virtues of the mighty dead and catch holy inspiration from
his example : And we deem it a due mark of reverence for the vir-
tues of Andrew Jackson to wear badges of mourning, that the young
may learn to estimate what is most valuable in a citizen, and most
highly esteemed in a Republic, and endeavor to imitate him whose
loss we now mourn :
Be it therefore resolved, That the memory of Andrew Jackson will
ever be dear to the People of Florida. It was he who first drew
aside the veil which hid this fair land from the admiring gaze of his
countrymen-it was his fearless and patriotic course that caused its
acquisition by the United States-he received its transfer from tho

A JOURNAL

OF THE PROCEEDINGS OF THE HOUSE OF REPRESENTATIVES OF
THE FIRST GENERAL ASSEMBLY OF THE STATE OF FLORIDA,
AT ITS FIRST SESSION, BEGUN AND HELD IN THE CITY OF TAL-
LAHASSEE, ON MONDAY, JUNE 23, 1845.

MoNDAY, 23d June, 1845.
At a meeting of the members of the House of Representatives of
the General Assembly of the State of Florida, held at the Capitol in
Tallahassee, the meeting was called to order by HUGa AacHEE,
Esq., Secretary of the last Legislative Council.
The following Certificates were read :
STATE OF FLORIDA.
These presents certify that, in pursuance of law, the undersigned
have duly counted and canvassed the votes in the several precincts of
the different Counties of this State, at an election held on Monday,
the 26th of May, 1845, for Governor of the State of Florida, to hold
his office for four years from the date of his election, and until his suc.
cessor is chosen and qualified; for a Representative from said State
in the 29th Congress of the United States; for seventeen Senators
in the General Assembly of said State, according to the Constitution
of said State; and for forty-one Representatives in the first General
Assembly of the said State from the several Counties, according to
said Constitution, to serve until the first Monday of October, 1846.
And from the returns made to the Secretary of the Territory, it
appears:
That William D. Moseley was duly elected Governor of the State
of Florida, to serve as aforesaid.
And that David Levy was duly elected Representative in the 29th
Congress of the United States from the State of Florida.
And that the following named persons were duly elected Senators
i the General Assembly of said State, viz:

4

From the first Senatorial District-B. D. Wright.
second Washington Tabor.
third Thomas M. White.
fourth Joel Porter.
fifth George S. Hawkins.
sixth Robert B. Haughton.
seventh James A. Berthelot and
David S. Walker.
eighth William Bellatmy.
ninth Dennit H. Mays.
tenth Daniel Bell.
eleventh Jesse Carter.
twelfth Gabriel Priest.
thirteenth John-Broward.
fourteenth A. S. Goodbread.
fifteenth George Center.
sixteenth No return received.
Which will appear by the original returns and the statement here-
with enclosed to the Honorable Speaker of the House of Represen-
tatives, duplicates hereof having been also enclosed to the Honorable
President of the Senate.
And the following named persons were duly elected Repre=enta-
tives in the first General, Assembly of said State, to serve until the
.-first Monday of October, 1846, vi :
From Escambia County-James R. Riley, Charles A. Tweed,
William W. J. Kelly.
From Walton County-Angus Gillis.
SFrom Washington County-James M. Long.
From Jackson County-John Brett, Jr., William C. C. Neal,
Britton Barkley.
--From Calhoun County-James Penn, J. H. Stone.
From Franklin County-Robert Myers, Robert J. Floyd.
From Gadsden County-Abraham K. Allison, Isaac Ferguson, Jr.,
Joseph L. Smallwood, William Forbes.
From Leon County-Hugh Archer, Benjamin G. Waring, Amos
M. Alexander, Frederick R. Cotten, Lewis H. Branch, Thomas
Brown.
"" From Jefferson County-William R. Taylor, David P. F. New-
som, Robert C. Hurst.
"-- From Madison County-John Coleman.
From Hamilton County-Israel M. Stewart.
SFrom Columbia County-George E. McClellan, Giles U. Ellis.
From Alachua County-Bennett M. Dell, Michael N. Garrison.
-From Duval County-Stephen D. Fernandez, A. J. Phillips.
-From Nassau County-E. D. Tracey.
From St. John's County-Buckingham Smith, William W. Loring,
John M. Fontane.
From Mosquito County-Douglas Dummett.
-From Hillsborough County-J. A. Goff.
.. From Dade County-No return received.

5

"From Monroe County,-No return.
The number of votes given to each candidate, will appear in the
return and statement herewith inclosed.
Witness the seal of said State, and the signatures of the Secre-
tary, Auditor and Treasurer of said Territory, Monday, June 23,
1845.
JOHN P. DUVAL,
Acting Secretary.
JOHN MILLER,
Auditor Public Accounts, Fla.
N. P. BEMIS,
Treasurer of the Territory.
We certify that the foregoing persons appear, from the returns
made to the Committee of the Constitutional Convention, to be
elected, as is stated in said certificate. June 23, 1845.
Attest, JAMES D. WESTCOTTT, Jr.
GEO. T. WARD,
THO. BROWN,
Committee of the Constitutional Convention of the State of Florida.
The following members elect answered to the call of their names:
From Walton County-Angus Gillis.
Washington" James M. Long.
Jackson John Brett, Jr., William C. Neal, Britton
Barkley.
Calhoun James Penn, J. H. Stone.
Franklin Robert Myers, R. J. Floyd.
Gadsden A. K. Allison, I. Ferguson, Jr., Joseph L.
Smallwood, W. Forbes.
"Leon Hugh Archer, Amos M. Alexander, Lewis
H. Branch, F. R. Cotten, Thomas Brown.
Jefferson D. P. F. Newsom, Robert C. Hurst.
Madison John Coleman.
Hamilton Israel M. Stewart.
Columbia George E. McClellan, Giles U. Ellis.
Alachua Bennett M. Dell.
Duval Stephen D. Fernandez, A. J. Philips.
Nassau E. D. Tracy.
St. Johns Buckingham Smith, W. W. Loring, John
M. Fontane.
Mosquito Douglass Dummett.
Hillsboro' James A. Goff.
A quorum being present, on motion of Mr. Floyd, Mr. Ferguson
was called to the chair.
On motion of Mr. McClellan, the Rev. Joshua Phelps was invited
to engage in prayer;
After which, his Honor Judge Broome administered the oath of of-
fice to the members present.
The House then adjourned until to-morrow morning, 9 o'clock.

9

King of Spain-he was the first Governor of the Territory of Florida
and ever its steadfast friend ; and therefore, besides the debt of grati-
tude due from his countrymen in every part of this broad empire, for
his eminent military and civil services, Floridians should be among
the first and foremost to cherish his famous identified with their own
State.
As tokens of regret and indications of our feelings on this occasion,
Resolved, That the members and officers of this House will wear
crape on the left arm for the space of sixty days, and that the Hall
and Speaker's desk be shrouded with the usual emblems of mourning.
On motion, the House adjourned till to-morning morning, half-past
8 o'clock.

WVEDNESDAY, 25th June, 1845.
The House met pursuant to adjournment, and a quorum being pre-
sent, the journal of yesterday's proceedings was read.
On motion, Michael Garrason, Representative from Alachua, was
sworn and took his seat.
A committee was received from the Senate who, by their chair-
man, stated that the Senate was now ready to appear and canvass
the returns of the late election, in compliance with the invitation of
the House.
On motion of Mr. Floyd, a committee was appointed, consisting of
Messrs. Floyd, Brown and Loring to wait on the Senate and inform
that body that the House was now ready to proceed to canvass the
returns, and to conduct them into the Hall of Representatives.
The Senate appeared in the Hall of Representatives, and after the
returns were canvassed, the Speaker declared William D. Moseley
to be elected first Governor of the State of Florida, for four years
from the 26th day of May, 1845, and until his successor is chosen and
qualified.
Mr. Floyd offered the following resolution:
Resolved, That ajoint committee of three on the part of this House
and three on the part of the Senate, be appointed to wait forthwith
upon William D. Moseley, and inform him that he has been duly and
legally elected and declared first Governor of the State -of Florida, to
serve for fbur years from the 26th day of May, 1845, and until his suc-
cessor is chosen and qualified, and ascertain when and where it will
be his pleasure to take the oath of office, prescribed by the Constitu-
tion-and that such committee be also authorized to make suitable
arrangements for his inauguration into office-the committee to make
report if practicable this morning.
Which was adopted, and the following gentlemen were appointed
said committee on the part of the House, viz : Messrs. Floyd, Smith
and Branch.
Ordered that the same be certified to the Senate.
2

10

Mr. Waring moved that a Committee of five be appointed to draff
rules for the government of the House during the present session.
Which was carried, and the following gentlemen were appointed
said Committee, viz: Messrs. Waring, Brown, Floyd, Kelly and
Smith.
A Committee was recelled from the Senate, who stated by their
Chairman, that they had been appointed by the Senate to wait on
William D. Moseley, jointly with the Committee appointed by the
House, and inform him that he had been duly elected and declared
first Governor of the State of Florida.
Mr. Allison introduced the following resolution:
Resolved, That this House, the Senate concurring therein, will at
12 o'clock on Tuesday, the first day of July next, proceed to the elec-
tion of two Senators to represent the State of Florida in the United
States Senate.
Which was adopted.
Ordered that the same be certified to the Senate.
Mr. Floyd, from the Joint Committee on the part of the House,
made the following report:
The joint committee of the Senate and House, appointed to wait
on William D. Moseley, Governor elect, &c.
REPORT:
That they have fulfilled that duty, and the Governor elect has in-
formed them he will take the oath of office on this day at such place
as the General Assembly may direct.
And that the committee having ascertained that the citizens of Flo-
rida, residing at this city and in its vicinity, have appointed a com-
mittee and made arrangements for the inauguration of the Governor
elect, subject to the control of the General Assembly, report, that the
said arrangements be concurred in, and that a committee of the two
Houses be appointed to act with said committee of citizens, to effect
the same.
And they report a copy of the rprogramm of the arrangements,
in which they request the concurrence of the two Houses.
And they report that the chairman of the committee of arrange.
ments of the citizens, presented the Governor elect and your com-
mittee with a stand of colors for the State, which is now presented
to the Legislature, the same being approved by the Governor elect.
The committee report the following resolution:
Resolved by the General Assembly, That the colors now presented,
be the colors of the State of Florida till changed by law; and that
the same be placed over the Speaker's chair of the House of Rep.
resentatives.
The following message was received from the Senate:
SENATE CHAMBER, June 25, 1845.
Hon. Speaker of the House of Representatives:
The following resolution was adopted by the Senate on yesterday,
in relation to the death of Gen. Jackson:

11

Resolved, That a Committee of five be appointed to confer with
the Committees, who may be appointed by the House of Represen-
tatives and the citizens of Florida, to make suitable arrangements for
paying respect to his memory.
Messrs. Walker, Broward, Center, Bellamy and White, were ap-
pointed that Committee.
Your ob't servant,
THOS. F. KING, Sec'y Senate.
Mr. Loring moved that a similar Committee be appointed on the
part of the House, to confer with the committee of the Senate and
the citizens, on the subject mentioned in said message.
Which was carried, and the following gentlemen were appointed,
viz: Messrs. Loring, Ferguson, Goff, Myers and Ellis.
Ordered that the same be certified to the Senate.
Mr. Smith moved that the Senate be informed that the unanimous
concurrence of the House has been given to the report of the Com-
mittee, appointed to inform William D. Moseley of his election as
Governor of Florida, and that the resolution reported has been unan-
imously adopted.
Which motion was carried.
Mr. Newsom moved that on to-morrow morning, ten o'clock, the
House proceed to the election of Printer.
Mr. Brown moved that the motion of Mr. Newsom be laid on the
table;
Which was carried.
Mr. Floyd moved that a committee be appointed to act with a sim-
ilar committee td be appointed by the Senate, and the Committee of
Arrangements appointed by the citizens, in the inauguration of Wil-
liam D. Moseley, first Governor of the State of Florida.
Which was carried, and Messrs. Floyd, Branch and Philips were
appointed said committee.
Mr. McClellan offered the following resolution :
Resolved, That the thanks of this House be tendered to the pat-
riotic citizens of Tallahassee for the present of a stand of colors for
the State of Florida.
Which was adopted.
On motion, the House adjourned until to-merrow morning, 9
o'clock.

TnHvasDA, June 26, 1845.
The House met pursuant to adjournment, and a quorum being pre.
sent, Mr. Floyd moved that the Reverend Samuel B. Foster be re-
quested to act as Chaplain of this House;
Which was carried; and after prayer by the Rev. Mr. Foster, the
Journal of yesterday's proceedings was read.
On motion of Mr. Ferguson, 500 copies of the Inaugural Ad-
dress of Gov. Moseley were ordered to be printed for the use of the
House.

12

Mr. Branch offered the following resolution:
Resolved, That a joint committee of three be appointed by this
House (to act with a similar committee on the part of the Senate) to
wait on his Excellency, the Governor, and inform him that the Gen-
eral Assembly of Florida is now organized, and ready to receive any
communication he may wish to make to the same.
Which was adopted, and Messrs. Branch, Loring and Stone were
appointed said committee.
Ordered that the same be certified to the Senate.
Mr. Alexander moved the motion to proceed to the election of
Printer at ten o'clock, this morning, which was laid on the table on
yesterday, be taken up and considered.
Which was carried.
The House then proceeded to the election of Printer, when Sam.
uel S. Sibley was declared duly elected.
Mr. Branch introduced the following resolution:
Resolved, That a standing committee of three be appointed, to be
called the committee on printing, to whom every motion or resolution,
to print any document or paper, shall be referred, with instructions
to report whether they deem it necessary or proper to print such pa-
per or document, and what portion, less than the whole, ought to be
printed.
Mr. Floyd offered the following, as a substitute therefore, viz:
Resolved, That a committee of three be appointed to contract with
the Printer elect, to do the necessary work of this House, and to affix
a certain price, and report the same to this House as soon as practice.
ble.
Mr. Smith objected to the reception of the substitute as being out
of order; which was overruled and the substitute received.
Mr. Allison moved a re-consideration of the vote on the reception
of said substitute ; which was lost.
Mr. Brown offered the following as an amendment to said substi-
tute, viz:
And that the said committee ascertain and report to this House
what printing can be done for, of a similar kind, at other printing
establishments.
Which was carried.
The question then being upon the adoption of the substituted reso.
lution, as amended, was carried in the affirmative, and Messrs. Floyd,
Kelly and Smith were appointed the committee therein mentioned.
Mr. Branch, from the joint committee to wait on his Excellency
the Governor and inform him that the General Assmbly is organized
and ready to receive any communication he may have to make, re-
ported that they had performed that duty, and that the Governor stated
that he would be ready to communicate with the General Assembly
on Tuesday next at 12 o'clock.
Which was received.
Mr. Barkley moved that the vote on the resolution offered by Mr.
Smallwood on Tuesday last, viz:

13

Resolved, That each member of this House furnish his own Sta-
tionery, at his own expense; be reconsidered.
The yeas and nays being called for by Messrs. Smith and Fergu.
son, were as follows, viz:
Yeas-Messrs. Alexander, Barkley, Brett, Brown, Gillis, Kelly,
Neal and Newsom-8.
Nays-Mr. Speaker, Messrs. Allison, Branch, Coleman, Cotten,
Dell, Dummett, Ellis, Ferguson, Fernandez, Floyd, Fontane, Forbes,
Garrason, Goff, Hurst, Loring, Myers, Penn, Phillips, Riley, Small.
wood, Smith, Stewart, Stone, Tracey, Tweed and Waring-28.
Yeas-8; Nays-28-so the motion was lost.
Mr. Floyd gave notice that, on some future day, he would ask
leave to introduce a bill to be entitled, An act to repeal an act enti-
tled an act prescribing the mode of punishment in certain cases.
Also, a bill to be entitled, An Act to provide for the registration
of all the qualified electors in each and every County of the State of
Florida.
Mr. Coleman gave notice that on some future day he would intro.
duce a bill to be entitled, An Act to alter and amend certain articles
of the Constitution of the State of Florida.
Mr. Ferguson gave notice that he would, on some future day, ask
leave to introduce a bill relative to Justices of the Peace,
Also, that he would, on some future day, ask leave to introduce a
bill relative to Surrogates.
Mr. Loring gave notice that he would, on some future day, ask
leave to introduce a bill to take the Census of Florida.
Mr. Allison gave notice that he would, on some future day, ask
leave to introduce a bill regulating the fees of public officers,
Also, that he would, on some future day, ask leave to introduce a
bill to be entitled, An Act to repeal an act to authorize Executors
and Administrators to sell real estate in certain cases, and to repeal
certain acts therein named, passed 4th March, 1841, and for other
purposes.
Mr. Alexander gave notice that he would, on some future day, ask
leave to introduce a bill to be entitled. An Act to authorize the sev.
eral Counties and incorporated Towns in this State to impose taxes
for county and corporation purposes respectively.
The following message was received from the Senate, viz:
SENATE CHAMBER, June 26, 1845.
Hon. Speaker House of Representatives,
The Senate has adopted the following resolution :
Resolved, That a committee of three be appointed by the Presi.
dent of the Senate, to act with a similar committee from the House,
to prepare the Executive Office for the reception of his Excellency,
supply it with suitable furniture, stationary, &c., and then conduct his
Excellency to it, and put him in possession of it, and that this resolu-
tion be certified to the House of Representatives.
Your obedient servant,
THOS. F. KING, Sec'y Senate.
Mr. Goff moved that a similar Committee be appointed by the

14

House, to act with that appointed by the Senate, on the subject men-
tioned in said message.
Which was carried, and Messrs. Goff, Riley and Cotten, were ap-
pointed said Committee.
Ordered that the same be certified to the Senate.
Mr. Newsom gave notice that he would, on some future day, ask
leave to introduce a bill providing for the establishment in each
county of a Board of Commissioners for the regulation of county bu-
siness.
Mr. Kelly moved that the House adjourn till to-morrow morning,
9 o'clock.
Which was lost.
On motion of Mr. Floyd, the House took a recess till 4 o'clock,
P. M.

4 O'CLOCK, P. M.

The House met pursuant to adjournment, and the roll being called
the Speaker announced that a quorum was present. "
On motion of Mr. Loring, Joseph B. Brown, Representative from
Monroe County, was sworn, and took his seat.
Mr. Floyd, from the Committee appointed to draft rules for the
government of the House, during the present session, reported that
they had performed that duty, which, with the rules reported, was
received.
Mr. McClellan moved that the 49th rule reported, viz : 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," be stricken out.
The yeas and nays being called for by Messrs. Brown and Mc-
Clellan on said motion, were as follows:
Yeas-Messrs. Cotten, Dell, Ellis, Ferguson, Goff, McClellan,
Philips and Smith-8.
Noes-Messrs. Allison, Alexander, Barkley, Branch, Brett, Brown,
of Leon, Brown, of Monroe, Coleman, Floyd, Fontane, Forbes, Gar-
rason, Gillis, Hurst, Loring, Myers, Neal, Newsom, Penn, Riley,
Smallwood, Stewart, Stone, Tracey, Tweed and Waring-26.
Ayes 8, nays 26. So the motion was lost.
Mr Smith moved that the fifty-first rule reported, viz:
The fees of the Sergeant-at-Arms shall be, for every arrest the
umr of two dollars, for every day's custody and releasement one dol-
lar ; and for travelling expenses for himself or agent, going and re-
turning, one-tenth of a dollar per mile," be stricken out.
Which was carried.

15

Mr. Smith introduced the following as an additional rule, viz:
Messages shall be transmitted to the Governor and Senate by the
Door-keeper, unless otherwise directed by the House.
Mr. Brown, of Leon, moved that the question be divided;
"Which was carried.
The first question then, being, Shall messages be transmitted to
the Governor by the Door-keeper, was lost.
The second question then being, shall messages be transmitted to
the Senate by the Door Keeper, was also lost.
The rules then being severally read, were adopted as follows:
RULE 1. The Speaker shall take the Chair every day precisely
at the hour to which the House shall have adjourned on the preced.
ing day--shall immediately call the members to order, and, on the
appearance of a quorum, shall cause the Journal of the preceding
day to be read.
2. He shall preserve order and decorum-may speak to points of
order in preference to other members, rising from his seat for that
purpose, and shall decide questions of order, subject to an appeal to
the House by any two members, on which appeal no member shall
speak more than once, unless by leave of the House.
3. He shall rise to put the question, but may state it sitting.
4. No member shall speak to any other, or otherwise interrupt the
business of the House, or read any newspaper or other paper, while
the Journals or other public papers are being read, or pass between
the Speaker and any other member who may be addressing the
House.
5. Every member, when he speaks, shall address the Chair stand-
ing in his place, and when he has finished shall sit down.
6. No member shall speak more than twice on any one subject,
without leave of the House.
7. When two or more members shall rise at the same time, the
Speaker shall name the person entitled to proceed.
8. When a member shall be called to order, he shall sit down un.
til the Speaker shall have determined whether he is in order or'not,
and every question of order shall be decided by the Speaker without
debate, subject to an appeal to the House.
9. If a member be called to order for words spoken, the excep-
tionable words shall be immediately taken down in writing by the
person objecting, that the Speaker may be better enabled to judge of
the matter.
10. No member shall absent himself from the service of the House,
without leave of the House first obtained, and in case a less number
than a quorum shall convene, they are hereby authorized to send the
Sergeant-at-arms for (any or) all absent members, as the majority of
such members present shall agree, at the expense of such absent
members respectively, unless such excuse for non-attendance shall
be made as the House (when a quorum is convened) shall judge suf-
ficient.
11. No motion shall be debated until the same shall be seconded.

16

12. Every motion made and seconded, shall be reduced to writing,
delivered in at the table and read, before the same be debated.
13. When a question is under debate, no motion shall be received
but to adjourn, to lie on the table, to postpone indefinitely, to post.
pone to a certain day, to commit or to amend; which several mo-
tions shall have precedence in the order in which they stand arrang.
ed, and the motion for adjournment shall always be in order, and the
motion to adjourn, or to lie on the table, shall be decided without
debate.
14. If the question in debate contains several points, any mem-
ber may have the same divided.
15. In filling up blanks, the largest sum and longest time shall be
first put.
16. 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.
17. When the yeas and nays shall be called for, by two of the
members present, every member within the bar of the House at the
time the question was put by the Speaker, shall (unless for special
reasons he be excused by the House) declare openly and without de-
bate, his assent or dissent to the question. In taking the yeas and
nays, and upon the call of the House, the names of the members shall
be taken alphabetically, and the Speaker shall in all cases vote last.
18. No member shall be permitted to vote on any question who
was without the bar of the House at the time the question was put,
unless by the consent of the House; and no motion to permit such
member to vote, shall be in order, unless it shall be made before
the House proceed to other business.
19. On a motion made and seconded to shut the doors of the
House, on the decision ot any business which may, in the opinion of
any member, require secrecy, the Speaker shall direct the gallery to
be cleared; and during the discussion of such motion, the door shall
remain shut, and no motion shall be deemed in order, to admit any
person or persons whatsoever, within the doors of the Representative
Chamber, to present any petition, memorial or address, or to hear
any such read.
20. The following order shall be observed in taking up the busi-
ness of the House, viz : 1st, Motions. 2d, Petitions, Memorials, and
other papers, addressed either to the House or to the Speaker
thereof. 3d, Resolutions. 4th, Reports of Standing Committees.
5th, Reports of Select Committees. 6th, Messages from the Senate
lying on the table; and lastly, orders of the day.
21. When a question has been once made and carried in the af-
firmative or negative, it shall be in order for any member of the ma-
jority, to move for the reconsideration thereof; but no motion for the
reconsideration of any vote shall be in order, after a bill, resolution,
message, report, amendment, or motion upon which the vote was
taken, shall have gone out of the possession of the House, announcing
their decision. Nor shall any motion for reconsideration be in or.

17

der, 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.
22. On a question when the yeas and nays are called for, in the
event of a tie, the question shall be decided in the negative.
23. All questions shall be put by the Speaker of the House, and
the members shall signify their assent or dissent, by answering viva
voce, yea or nay.
24. The Speaker of the House or the Speaker pro ter. shall have
the right to name a member to perform the duties of the chair, but
such substitute shall not extend beyond an adjournment.
25. Before any petition, memorial, or other paper, addressed either
to the House or the Speaker thereof, shall be received and read at
the table, whether the same be introduced by the Speaker or a mem-
ber, a brief statement of the contents of the petition, memorial or
other paper, shall verbally be made by the introducer.
26. One day's notice at least shall be given of an intended motion
for leave to bring in a bill, and no bill shall be written or printed,
except by express order of the House.
27. Every bill and all resolutions of a public nature, or for the
appropriations of the public money, shall receive three readings pre-
viously to the final passage of such bill or resolutions, and the Speaker
shall give notice at each, whether it be the first, second or third
reading, which readings shall be on three different days, unless four-
fifths of the members shall otherwise direct.
28. No bill shall be committed or amended, until it shall have
passed its first reading; after which it may be referred or amended.
29. At the second reading of any bill or resolution, it shall be in
order for any member to move its commitment to a committee of the
whole House ; that it lie on the table ; for its indefinite postponement;
for its postponement to a day certain not beyond the session ; for its
commitment to a standing committee; to a select committee ; or to
amend; which motions shall have precedence in the order above
stated.
30. It shall not be in order to amend the title of any bill or resolu.
tion, until it shall have passed its third reading.
31. The titles of bills, and such parts thereof only as shall be af.
fected by proposed amendments, shall be inserted on the Journals.
32. The following standing committees, to consist of not less than
five members each, shall be appointed by. the Speaker, at the com-
mencement of each session, with leave to report by bill or other-
wise, viz: a committee on the Judiciary; a committee on the Mil-
itia; a committee on Finance and Public Accounts; a committee on
Claims; a committee on Schools and Colleges; a committee on Cor-
porations; a committee on Agriculture; a.committee on Internal
Improvements; a committee on Enrolled Bills; a committee on Elec-
tions, and a committee on Propositions and Grievances.
33. All confidential communications made by the Governor to the
House, shall be by the members thereof kept secret, until the House
by its resolution, shall take off the injunction of secrecy.
34. When acting on confidential or Executive business, the House
3

18

shall be cleared of all persons except the Clerk, the Sergeant-at-arrnm
and the Door-keeper.
35. The proceedings of the House when not acting in committee
of the whole, shall be entered upon the Journal as concisely as prac-
ticable, care being taken to detail a true and accurate account of the
proceedings.
36. All bills and all resolutions of a public nature, or for the appro-
priation of public money, when they shall have passed the House
after the third reading, shall be carefully enrolled by the clerk of the
House, and shall be transmitted to the Senate, accompanied with a
message stating the title of the bill, resolution or other paper, and
asking the concurrence of that body.
37. Messages may be received at any stage of the business, ex-
cept while a question is being put, or while yeas and nays are being
called.
38. The Governor and Secretary and members of the Senate,
shall be admitted to a seat within the bar of the House; and any
other person shall be admitted, in like manner, upon being invited
by a member.
39. The Clerk, Sergeant-at-Arms and Door Keeper, shall be sev.
rally sworn by a Judicial officer of the State, well and faithfully to
discharge their respective duties, and to keep secret the proceedings
of the House when sitting with closed doors.
40. All Acts, addresses, and joint resolutions, shall be signed by
the Speaker; and all writs, warrants and subpoenas issued by order
of the House shall be under his hand and seal, and attested by the
Clerk.
41. In case of any disturbance or disorderly conduct in the galle.
ries or lobby, the Speaker, or chairman of the committee of the
whole house, shall have power to order the same to be cleared.
42. Reporters wishing to take down the debates and proceedings,
may be admitted by the Speaker, who shall assign such places to
them on the floor or elsewhere, as shall not interfere with the con.
venience of the House.
43. No member shall vote on any question in the event of which
he is immediately and particularly interested, or in any case when he
was not present when the question was put.
44. After a motion is stated by the Speaker, or read by the Clerk,
it shall be deemed in possession of the House, but may be withdrawn
at any time before a decision or amendment.
45. The previous question shall be in this form-" Shall the main
question be now put?" It shall only be admitted when demanded
by a majority of the members present, and until it is decided, shall
preclude all amendment and further debate of the main question;
and on a motion for the previous question, there shall be no debate.
46. When a question is postponed indefinitely, the same shall not
be acted upon again during the session.
47. No motion or proposition on a subject different from that un.
derconsideration, shall be admitted under color of amendment.
48. The unfinished business in which the House was engaged at

the last preceding adjournment, shall have the preference in the or.
ders of the day; and no motion on any other business shall be receive.
ed without special leave of the House, until the former is disposed of.
49. 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.
50. When a member shall be discharged from custody and admit.
ted to his seat, the House shall determine whether such discharge
shall be with or without paying fees.
51. 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.
52. No committee shall sit during the sitting of the House, without
special leave.
53. All bills ordered to be engrossed, shall be executed in a fair,
round hand, and without erasures or interlineations.
54. No amendment by way of rider shall be received to any bill
on its third reading.
55. When a bill shall pass, it shall be certified by the Clerk, no.
ting the day of its passage at the foot thereof.
56. 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 bill shall not be defaced or interlined, 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 re-
ported to the House. After report, the bill shall again be subject to
be debated, and amended by clauses, before a question to engross it
be taken.
57. It shall be in order for the Committee on Enrolled Bills to re-
port at any time.
58. Messages shall be transmitted to the Governor and Senate by
the Door-keeper, unless otherwise directed by the House.
59. No bill shall be introduced into the House on the last week of
the session, nor shall the above rules, or any of them, be rescinded
or suspended, unless three-fourths of the members present otherwise
direct.
On motion of Mr. Gotten, one hundred copies of the rules, as
adopted, were ordered to be printed.
Mr. Smallwood gave notice that he would, on some future day, ask
leave to introduce a bill to alter and amend the second section of the
fourth article of the Constitution of the State of Florida.

19

20

Mr. Ferguson gave notice that he would, on some future day, ask
leave to introduce a bill relative to the Secretary of the State of Flo-
rida ;
Also, a bill relative to the Treasurer of the State of Florida;
Also, a bill relative to the Comptroller of the State of Florida;
Also, a bill relative to the Attorney General of the State of Flo-
rida.
Mr. Brown, of Leon, moved that the House adjourn till 11 o'clock,
to-morrow;
Which was lost.
On motion, the House adjourned till to-morrow morning, 10 o'clock.

FRIDAY, June 27th, 1845.

The House met pursuant to adjournment, and a quorum being
present, after prayer by the Rev. Mr. Foster, the Journal of yester-
day's proceedings was read.
Mr. Barkley moved that the vote, negativing the rule proposed by
Mr. Smith on yesterday, viz: Messages shall be transmitted to the
Governor and Senate by the Door Keeper unless otherwise directed
by the House," be reconsidered.
Which was carried.
On motion of Mr. Allison, the rule then was adopted.
On motion of Mr. Floyd, the following protest was ordered to be
entered on the Journals, viz :
And now comes R. J. Floyd, S. D. Fernandez, A. K. Allison,
Douglas Dummett and Buckingham Smith, who saith, that the mo-
tion made and carried on yesterday, to-wit: To print five hundred
copies of the Governor's Inaugural Address," is contrary to the
wishes of the undersigned, and as tending to establish a bill of print.
ing which the undersigned believe to be entirely useless and unne-
cessary; and as establishing a precedent, which, in the end, will
lead to an unnecessary waste of the public funds.
R. J. FLOYD,
S. D. FERNANDEZ,
B. SMITH,
A. K. ALLISON,
D. DUMMETT.
Mr. Penn offered the following resolution:
Resolved, That the Clerk be requested to call upon the late Sec-
retary of the Territory, Thomas H. Duval, Esq., and procure from
him a sufficient number of copies of the Constitution of the State of
Florida to furnish each member of this House with a copy thereof.
Which was adopted.
On motion of Mr. Ferguson, the House took a recess till 4 o'clock,
P. M.

21

4 O'CLOCK, P. -M.

The House met pursuant to adjournment; the roll being called,
the Speaker announced that a quorum was present.
The Speaker appointed the following standing committees, viz:
Committee on the Judiciary-Messrs. Ferguson, Floyd, Kelly,
Coleman, Smith.
Committee on the Militia-Messrs. Myers, Stewart, Tracey, Lo.
ring, Garrason.
Committee on Finance and Public Accounts-Messrs. Brown, of
Leon, Taylor, Alexander, Newsom, Riley.
Committee on Claims-Messrs. Loring, Fontane, Riley, Forbes,
Brown, of Monroe.
Committee on Schools and Colleges-Messrs. Branch, Barkley,
Dell, Ellis, Smallwood.
Committee on Corporations-Messrs. McClellan, Cotten, Long,
Smallwood, Brown, of Monroe.
Committee on Agriculture--Messrs. Waring, Garrason, Hurst,
Brett, Forbes.
Committee on Internal Improvements-Messrs. Allison, Tweed,
Dummett, Long, Waring.
Committee on Enrolled Bills-Messrs. Alexander, Philips, Gillis,
Stone, Neal.
Committee on Elections-Messrs. Goff, Fernandez, Penn, Dum-
mett, Barkley.
Committee on Propositions and Grievances-Messrs. Floyd, Penn,
Neal, Stewart, Dell.
Mr. Ferguson moved,
1. That the 3d article of the Constitution of the State of Florida,
being that portion that relates to the Executive Department, be re-
ferred to the Judiciary Committee. Also, that the 4th and 5th arti.
cles, being the portions relative to the Legislative and Judicial De-
partments, be referred to the same committee.
2. That the 7th article, being that article relative to Militia, be
referred to the Committee on Militia.
3. That the 8th article, being the article relative to Taxation and
Revenue, be referred to the Committee on Finance and Public Ac-
counts.
4. That the 10th article, being the article relative to Education,
be referred to the Committee on Schools and Colleges.
5. That the 13th article, being the article relative to Banks and
other Corporations, be referred to the Committee on Corporations.
And that said committees be instructed to report as soon as
practicable, by bill or otherwise, such measures as are necessary to
carry into operation the provisions in said articles of the Constitu-
tion.
Which motion was carried.
Mr. Floyd moved that the House adjourn till to-morrow, 12 o'clock;
Which motion was lost.

22

Mr. Brown, of Leon, moved that the House adjourn till Monday
morning, 12 o'clock;
Which was lost.
On motion of Mr. Allison, the House adjourned till to-morrow
morning, 10 o'clock.

SATURDAY, June 28th, 1845.
The House met pursuant to adjournment, and a quorum being
present, after prayer by the Rev. Mr. Foster, the Journal of yester-
day's proceedings was read.
Mr. Dummett gave notice that he would, on some future day, ask
leave to introduce a bill to change the county-seat of Orange county.
On motion of Mr. McClellan, Mr. Ellis was added to the Com-
mittee on Finance and Public Accounts.
On motion of Mr. Myers, Mr. Floyd was added to the Committee
on Militia.
On motion of Mr. Alexander, Mr. Newsom was added to the Com-
mittee on Corporations.
Mr. Stone gave notice that he would, on some future day, ask leave
to introduce a bill to be entitled, An Act to form a Board of County
Commissioners, in and for the county of Calhoun.
On motion of Mr. Loring, Mr. Brown, of Monroe, was added to
the Committee on Schools and Colleges.
Mr. Newsom gave notice that he would, on some future day, ask
leave to introduce a bill to provide for the appointment of Tax Col-
lectors in the different counties in this State.
On motion of Mr. Newsom, Mr. Hurst was added to the Commit-
tee on Elections.
On motion of Mr. Floyd, Mr. Dell was permitted to sign the pro-
test of Messrs. Floyd, Fernandez, Smith, Allison and Dummett,
spread upon the Journal on yesterday, in relation to the printing of
500 copies of Gov. Moseley's inaugural address.
On motion of Mr. Barkley, Mr. Tweed was added to the Commit.
tee on the Judiciary.
On motion of Mr. Smallwood, Mr. Allison was added to the Com-
mittee on Finance and Public Accounts.
Mr. Floyd moved that the Committees appointed by the Speaker
on yesterday, be changed.
Which was lost.
Mr. Allison gave notice that he would, on some future day, ask
leave to introduce a bill relating to Executions.
Mr. Smallwood introduced the following resolution:
Resolved, That the Committee on Schools and Colleges be re-
quested to inquire into the condition of the School Lands in the State
of Florida, and that they be further requested to recommend a suita-
ble agent to locate the balance of the grants of School Lands, and
report by bill or otherwise, and that the Committee be instructed to
draft a bill providing for the appointment of Commissioners to select

23

other lands in lieu of any and all sixteenth sections which may be
valueless.
Which was adopted.
Mr. Smith offered the following resolution :
Resolved, That a Committee of two be appointed by the Speaker,
on the part of this House, to act with a similar Committee on the
part of the Senate, to report joint rules to regulate the intercourse
between the two Houses, and also for the guidance of the Assembly,
while electing persons to office.
Which was adopted; and Messrs. Smith, and Brown, of Leon,
were appointed said Committee.
Mr. Floyd offered the following resolution :
Resolved, That a Standing Committee, to be denominated the
Committee on Federal Relations, be appointed.
Which was adopted; and Messrs. Floyd, Fernandez, Brown, of
Monroe, Kelly and Fontane. were appointed said Committee.
Mr. Tweed offered the following resolution :
Resolved, That the Clerk of the House be directed to furnish for
the use of each member of this body, two copies of each of the news.
papers published in this city.
Mr. Allison offered the following as an amendment thereto:
At the expense of the members taking the same.
On motion of Mr. Floyd, the resolution and amendment were laid
on the table.
Mr. Floyd, from the Select Committee appointed to contract for
printing, made the following report:
The Committee on printing having had the same under considera-
tion, and having received written proposals from two offices in this
cify, (the third declining to bid, being the office of the Sentinel), are
of opinion that the bid of Samuel S. Sibley, Esq., of the Floridianl
office, is the bid at the lowest price. They therefore recommend
that he be contracted with to do all necessary printing of the House.
The Committee also beg leave to hand in the written proposals of
the two bidders, that the House may determine from the same evi-
dence before the Committee the lowest bidder.
R. J. FLOYD, Chairman.
Which report was received and concurred in.
Mr. Smallwood moved that the rules be waived to allow him to
introduce a bill.
Which was lost.
On motion of Mr. Floyd, the House adjourned till Monday morn.
ing, 12 o'clock.

24

MONDAY, June 30th, 1845.

The House met pursuant to adjournment; a quorum being present,
after prayer by the Rev. Mr. Foster, the Journal of Saturday's pro-
ceedings was read.
Mr. Long moved that Messrs. Floyd and Tweed be added to the
Committee on Corporations;
Which was carried.
Mr. Smallwood, according to previous notice, introduced a bill to
be entitled, An act to alter and amend the 2d and 3d sections of the
4th article of the Constitution of the State of Florida.
Which was read the first time and laid on the table.
Mr. Penn gave notice that he would, on some future day, ask leave
to introduce a bill for the establishment of a County Site for the Coun-
ty of Calhoun.
Mr. Smith introduced the following resolution :
Resolved, That this House consider it not expedient to attempt any
alteration of the Constitution of the State, at the present session of
the Assembly.
Which was adopted.
The Senate transmitted to the House, as having passed that body,
a preamble and resolutions relative to the sales of public lands in
Florida in August next.
Which were read the first time.
On motion the rule was waived, the preamble and resolutions read
a second and third times, and put upon their adoption.
The vote, upon the adoption of the same, was as follows:
Yeas-Messrs. Allison, Alexander, Barkley, Branch, Brett, Brown,
of Leon, Brown, of Monroe, Coleman, Gotten, Dell, Dummett, Ellis,
Ferguson, Fernandez, Floyd, Fontane, Forbes, Garrason, Gillis,
Goff; Hurst, Kelly, Long, Loring, McClellan, Myers, Neal, Newsom,
Penn, Phillips, Riley, Smallwood, Smith, Stewart, Stone, Tracey,
Tweed, Waring and Mr. Speaker-39.
Nays-None.
So the preamble and resolutions were adopted. Ordered that the
same be certified to the Senate.
The Senate returned to the House, as passed without amendment,
a resolution respecting the election of United States Senators on
Tuesday next. Also,
A resolution respecting the appointment of a joint committee, to
draft rules to regulate the intercourse between the two Houses, and
also for the guidance of the Assembly while electing persons to office,
and appointed Messrs. Wright and Carter the committee on the part
of the Senate.
On motion, the House adjourned till to-morrow morning, 10 o'clock.

25

TUESDAY, July 1st, 1845.

The House met pursuant to adjournment, and a quorum being
present, after prayer by the Rev. Mr. Foster, the Journal of yester-
day's proceedings was read.
/ On motion of Mr. Newsom, William R. Taylor, a representative
from the county of Jefferson, was sworn and took his seat.
The following message was received from his Excellency the
Governor;
Gentlemen of the Senate and House of Representatives.
It has been to me a source of deep regret that so long an interval
should have elapsed without a communication on my part, in accor-
dance with the usages of this department of the Government and in
obedience to that clause of the Constitution which requires the Ex-
ecutive to give to the General Assembly information ofthe state of the
Government, and to recommend to its consideration such measures
as he may deem expedient.
Under circumstances, different from our present position, such
omission on my part might possibly have a tendency to delay the ac-
tion of the Legislature, and to that extent be detrimental to the pub-
lic interest. But upon the reflection that a high responsibility rests
not only upon the Executive, as to the measures which he may deem
it proper to recommend for your deliberation, but that a like respon-
sibility attaches to you in your capacity as Legislators; and that any
precipitancy, either on the part of the Executive or of the Legisla-
ture, in the discharge of the important functions intrusted to them,
might be productive of consequences injurious to the public interest,
and which time and proper deliberation might readily have obviated,
it is hoped that you are prepared to ascribe such delay to better mo-
tives than to culpable negligence.
It must be obvious to all of you, that the peculiarity of our present
position-that of freemen about to enter into the enjoyment of the in-
estimable privilege of self-government-will, as a matter of necessity,
require a well regulated system of laws ; and that this object, so high-
ly important to the security and preservation of our happiness and
prosperity, as a government and as individuals, cannot be effectually
obtained without a circumspection and deliberation proportioned to
the magnitude of the object to be secured. The short interval which
has intervened since the recent State elections, has not, therefore,
in all reasonable probability, afforded you a sufficient opportu-
nity to digest and prepare such a system. This, in connection
with the lateness of the season at which the present session is
held, will probably make a protracted session not only inconvenient
but wholly impracticable. Entertaining the opinion that the Legis-
lature coincides with me in this regard, it is deemed advisable to in-
vite your attention to such matters only as may be indispensably ne-
cessary to meet the immediate requirements of the Government, and
which, it is believed, cannot be postponed without serious prejudice
to the public good.
4

26

By a reference to the Constitution, it will be perceived that in the
current year, (1845), a census shall be taken of the population of the
State, with a view to the re-apportionment of the representation.-
This should by no means be omitted; for, apart from the imperative
injunction of the Constitution, requiring the action of the Legislature
upon this subject during the current year, it cannot have escaped
your attention that the apportionment, as at present in force, under
the Constitution, is, by extraordinary circumstances, (and such, too,
as could not at the time of its adoption have possibly been foreseen),
so obviously inconsistent with the elementary principles of our Re.
publican form of Government, that a proper regard for those princi-
ples, and a sense of justice to that portion of our fellow citizens whose
rights are thereby affected, will readily recommend that subject to
you, as one which will require your immediate and prompt Legisla.
tion. It is therefore recommended to you, that provision be made,
in this regard, for the taking (at as early a day as may be practica-
ble) the census, as is required by the Constitution-with the view
that the returns may be made within such time as may secure the
action of the Legislature upon this highly important measure, at its
adjourned session, or at the present session, if you shall determine
that your present adjournment shall be indefinite.
The Judiciary system will also require your immediate attention;
and it would seem that your legislation upon this head should be as
perfect as may be practicable, with the view that the election of such
officers as is necessarily connected with that system, may not precede
the perfecting the act which may be passed; thereby leaving those
who may be elected unadvised at the time of the election, as to the
duties and responsibilities which they assume, in accepting the seve-
ral offices.
Some financial system, or system of Taxation and Revenue, will
without doubt, readily suggest itself to your deliberate reflection. It
may, however, be a matter worthy of your consideration, whether
such system shall at once be perfected, or whether it may not be
more advisable to adopt such a measure at present as may provide
for the current expenses of the Government, daily accruing; and to
postpone to a later day within the term for which you have been e-
lected, the final adjustment and settlement of this important and deli.
cate subject. Without presuming to dictate to you upon this, or any
other subject which I may deem it to be my duty to recommend to
your deliberation, I may be permitted to remark, that taking into
view our limited pecuniary resources, it would seem to me to be bet-
ter to make some temporary arrangement for raising a revenue ade-
quate to our immediate wants, and to leave to a later period the im.
portant duty of establishing a fixed and permanent financial system.
And, as this is a subject also which will require accurate and exten.
sive information as to the revenues of the State, and the most suita-
ble subjects of taxation, for the support of the Government, adminis-
tered with a proper regard to economy, to enable the legislature to
act understandingly upon this whole subject, I would respectfully sug-
gest the propriety of raising ajoint select committee of the two hou.

27

ses, (or of selecting such other agent within the control of the Le-
gislature, as may be deemed more advisable,) whose duty it shall be
before the meeting of the adjourned session, to procure such informa-
tion, (if within their reach,) as shall be serviceable.in the adjustment,
and perfecting our system of revenue. To such committee also
might be given instructions to report at the same time, if practicable,
a bill for your future consideration, providing a complete system of
Revenue Laws.
Your attention is further respectfully invited to the better organi-
zation ofthe Militia of the State, and to the enacting atthistime ofsuch
laws as maybe deemed necessary for its further regulation and govern-
ment, (so far at least as may be consistent with the regulations of the
Federal Government,) and to the mode of election of the various mili-
tia officers, in conformity to the requirements of the Constitution.-
The necessity at all times, (but more especially at the present,) for a
well organized, and properly disciplined, and equipped militia, must be
obvious to the most careless observer of passing events, apart from the
peculiarity of our geographical position, in relation to foreign nations,
and to the care and circumspection which should at all times be ob.
served in regard to the necessary control and management of an in-
stitution peculiar to the Southern portion of the Confederacy.
The present state and condition of the public library are such as to
justify me in presenting it to your consideration. I therefore would
suggest the propriety of raising a joint committee of the two houses,
whose duty it should be to make an examination, not only as to the
condition of the books, and their present state of preservation from
injury, and probable loss, but also as to the propriety of appointing a
librarian or other agent, authorized and required to take charge of
the whole concern, under such rules and regulations as the General
Assembly may, from time to time, direct and establish. The present
library room is obviously too small, under the existing arrangement,
to allow a suitable and proper disposition of such books as are al-
ready the property ol the State, without taking into view its enlarge-
ment by annual accessions from the other States of the Union, and
from the contributions made by liberal and patriotic individuals.
Your attention is invited to such legislation as may be necessary
and proper, to secure by a judicious location, (at as early a day as
practicable,) the highly liberal and valuable donation of the public
lands, recently made by the Federal government. The value of
these lands must measurably depend upon their location. It would
seem, therefore, that any unnecessary delay in making such loca-
tion, under present circumstances, might be productive of incalcula.
ble loss to the State.
There is one other subject to which your attention will, of necessi-
ty, be directed, without any formal communication on the part of the
Executive. I allude to the subject matter of the fourteenth (14th)
section of the thirteenth (13th) article of our State Constitution.
That section provides: That the General Assembly shall, at its first
session, have power to regulate, restrain and control all associations,
claiming to exercise corporate privileges in the State, sc as to guard,

28

protect, and secure the interests of the people of the State, not violat-
ing vested rights, or impairing the obligation of contracts.
The power thus confided to the General Assembly is too impor.
tant, and too necessary to the well being of the State, to be lost,
through any inadvertance in postponing it to an adjourned session,
without the most satisfactory assurance that such postponement would
not divest the legislature of that power.
The language of the Constitution is plain and unequivocal. It is
for you to determine whether or not, by omitting to legislate upon
this subject at the present session, the powers thus conferred upon
you would extend to a session adjourned, to meet at some definite day
within the time for which you may have been elected.
The duty thus confided to you, I am sure, you will consider a sacred
trust, confided to you by our common constituents; a duty which no
inconvenience, however great, will induce you to postpone, if, by
such postponement, the right of legislation hereafter should thereby
be lost.
It may, therefore, be your duty, (in case of an adjournment),
previously to ascertain, whether an adjournment over to a definite
period within the term for which you may have been elected to serve,
will, within the true intent and meaning of the article alluded to in
the Constitution, close the first session of the General Assembly. If
such shall be the construction given to it, your duty, at present, is too
plain, too obvious, and of too solemn a character, to require any sug-
gestion from me, as to the necessity of its performance. I very re-
spectfully, however, beg leave to remark, in conclusion upon this del-
icate and highly important subject, that I feel perfectly well assured
you will carry with you, in your deliberations upon this subject,
minds divested of every shadow of partiality or prejudice; and that,
whatever the result may be, will be alike creditable to your good
sense and sound discretion as legislators, and to your philanthropy as
men.
There are other measures, equally important to the interests of the
State, to which, at a future day, your attention will be invited. They
have only been postponed for the present, from the conviction, that
those herein presented, require your more immediate attention, to put
the government in motion.
It will be to me a source of high gratification to have fre-
quent communication with you, so often, at least, as the interests of
the State may seem to require it; and also to unite cordially with
you in perfecting such measures as may have a tendency to promote
the happiness and prosperity of our common country.
W. D. MOSELEY.
Tallahassee, July 1st, 1845.
Mr. Newsom moved that five hundred copies of the Governor's
message be printed.
The ayes and noes being called for by Messrs. Floyd and Fergu-
son, were as follows:
Ayes-Messrs. Alexander, Branch, Brown, of Monroe, Coleman,

29

Gotten, Dell, Ellis, Ferguson, Fernandez, Fontane, Garrason, Goff,
Hurst, Long, Loring, McClellan, Myers, Newsom, Penn, Phillips,
Stewart, Stone, Taylor, Tweed, Waring, and Mr. Speaker-26.
Nays-Messrs. Allison, Barkley, Brett, Brown, of Leon, Dum.
nett, Floyd, Forbes, Gillis, Kelly, Neal, Riley, Smallwood, Smith
and Tracey-14.
Yeas, 26-nays, 14. So the motion was carried.
On motion of Mr. Gotten, the rule was waived to allow him to in.
troduce the following resolution:
Resolved, That a committee of three be appointed on the p irt of
the House, to act with a similar committee of the Senate, to be styled
the Joint Select Committee on the Library.
Mr. Allison introduced the following as an amendment thereto:
Whose duty it shall be to collect and preserve from waste, all the
books, papers, etc., belonging to the State Library.
Which was received.
The question then being upon the adoption of the resolution as
amended, was carried in the affirmative, and Messrs. Cotten, Alli-
son and Long were appointed said committee on the part of the
House.
A Committee was received from the Senate, who by their Chair.
man stated that the Senate would be prepared to proceed to the elec.
tion of United States Senators, at twelve o'clock, to-day.
On motion of Mr. Floyd, a Committee of three was appointed,
consisting of Messrs. Floyd, Loring and Coleman, to wait on the Sen-
ate, and inform that body that the House had concurred with the
Senate to proceed to the election of United States Senators, at twelve
o'clock, to-day.
The Committee retired, and after a short absence returned, and
by their Chairman stated that they had performed the duty assigned
them.
Mr. Allison moved that the rule be waived, to allow him tWpre-
sent a petition, in relation to the establishment of a free bridge across
the Ocklochonnee river.
Which was lost.
Mr. Smith, from the Joint Select Committee appointed to draft
joint rules, reported that they had performed that duty and submitted
the following:
RULE 1. Messages from either House to the other shall be sent by
such persons as a sense of propriety in each House may determine.
2. After a bill shall have passed both Houses, it shall be duly enroll.
ed by the Clerk of the House of Representatives, or by the Secretary
of the Senate, as the bill may have originated in one or the other
House.
3. When bills shall be enrolled, they shall be examined by a Joint
Committee of at least two from the Senate, and two from the House
of Representatives, appointed as a Standing Committee for that pur.
pose, who shall forthwith make report.
4. When a bill or resolution, which shall have passed in one
House is rejected in the other, notice thereof shall be given to the
House in which the same may have passed.

30

5. When a bill or resolution which has been passed in one House,
shall be rejected in the other, it shall not be brought in during the
same session, without notice of ten days, and leave of two-thirds of
that House in which it shall be moved.
6. Each House shall transmit to the other all papers on which
any bill or resolution shall be founded.
7. No bill that shall have passed one House, shall be sent for
concurrence to the other, on either of the last three days ofthe session.
8. After each House shall have adhered to their disagreement, a
bill or resolution shall be lost.
9. When elections are required to be made by joint vote of the
two Houses, the time of electing shall be previously agreed upon, and
each House shall communicate the nominations made therein to the
other, prior to the voting.
10. Each House shall communicate to the other the nominations,
and the result of each voting.
11. In every Joint Committee the member first named on the part
of the House first proposing such Committee, shall convene the same.
12. During the election of officers there shall be no motions en-
tertained, except to adjourn, to proceed to vote, to nominate and to
withdraw a candidate-which motions shall have precedence in the
order they stand.
13. The doings throughout shall proceed without debate.
14. Communications shall be made on paper, and signed by the
presiding officer of each House, and transmitted through the Messen-
ger or Door Keeper.
15. In the election for the Senate of the United States, both Sena-
tors shall be voted for at the same time, until one or both of them
shall be chosen.
16. In every case of disagreement between the Senate and House
of Representatives, either House may suggest conference, and ap-
point a Committee for that purpose, and the other House shall also
appoint a Committee to confer at a convenient hour, to be designat-
ed by the Chairman; said Committees shall meet, and confer freely
on the subject ofdisagreement.
Which report was received.
The following message was received from the Senate:
SENATE CHAMBER, July 1, 1845.
Hon. Speaker of the House of Representatives :
The Senate has adopted the Joint Rules reported by the Joint Se.
lect Committee on Rules to this House, with the following amend-
ments :-
Strike out the 9th rule, and insert the following in its place :
"The Senate shall meet the Representatives in the Representative
Hall, and cast their votes jointly, in all elections by the General As-
sembly, except in cases otherwise provided for in the State Constitu-
tion." Strike out the 10th Rule.
To which they ask the concurrence of the House.
Your obedient servant,
THOS. F. KING, Secretary Senate.

31

The first, second, third, fourth, fifth, sixth, seventh and eighth rules,
as reported by the Committee, were severally read and adopted.
The question then being upon the concurrence with the Senate
in the amendment to the ninth rule reported by the Committee, the
yeas and nays were called for by Messrs. Brown, of Leon, and Floyd,
and were as follows:
Yeas-Messrs. Allison, Alexander, Brown, of Monroe, Coleman,
Dell, Dummett, Ellis, Ferguson, Fernandez, Floyd, Fontane, Forbes,
Garrason, Gillis, Goff, Hurst, Loring, McClellan. Myers, Newsom,
Penn, Phillips, Smith, Stewart, Tracey, and Mr. Speaker-26.
Nays-Messrs. Barkley, Branch, Brett, Brown, of Leon, Cotten,
Long, Neal, Riley, Smallwood, Stone, Tweed and Waring-12.
Ayes, 26-noes, 12. So the amendment was concurred in.
The House concurred with the Senate in striking out the tenth
rule reported by the Committee.
The eleventh and twelfth rules were then severally read and adopted.
On the adoption of the 13th rule, viz: "The doings throughout
shall proceed without debate," as reported by the Committee, the
yeas and nays were called for by Messrs. Branch and Waring, and
were as follows:
Yeas-Messrs. Alexander, Dell, Ellis, Ferguson, Fernandez, Floyd,
Fontane, Garrason, Goff, Hurst, Loring, McClellan, Myers, New-
som, Phillips, Smith, Stewart, Taylor, Waring, and Mr. Speaker-20.
Nays-Messrs. Barkley, Branch, Brett, Brown, of Leon, Brown,
of Monroe, Coleman, Cotten, Dummett, Forbes, Gillis, Long, Neal,
Penn, Riley, Smallwood, Stone, Tracoy and Tweed-18.
Ayes, 20-noes, 18. So the rule was adopted.
The fourteenth rule was then read, and adopted.
On the adoption of the fifteenth rule, viz: "In the election for the
Senate of the United States, both Senators shall be voted for at the
same time, until one or both of them shall be chosen," the yeas and
nays were called for by Messrs. Brown, of Leon, and Barkley, and
were as follows:
Yeas-Messrs. Allison, Alexander, Coleman, Dell, Dummett, El-
lis, Ferguson, Fernandez, Floyd, Fontane, Garrason, Goff, Hurst,
Loring, Myers, Newsom, Phillips, Smallwood, Smith, Stewart, Tay.
lor, Waring, and Mr. Speaker-23.
Nays-Messrs. Barkley, Branch, Brett, Brown, of Leon, Brown,
of Munroe, Cotten, Forbes, Gillis, Kelly, Long, McClellan, Neal,
Penn, Riley, Stone, Tracy and Tweed-17.
Ayes 23, noes 17. So the same was adopted.
The sixteenth rule reported was then read and adopted.
A committee from the Senate was received, who, by their Chair-
man, stated that the Senate was now ready to appear in the Hall of
Representatives, and proceed to the election of United States Sena.
tors. The Speaker stated that the House was not ready, but would
be in a few moments.
On motion of Mr. Floyd, a Committee was appointed, consisting
of Messrs. Floyd, Smallwood and Smith, to wait on the Senate, and
inform that body that the House had adopted the Joint Rules as a-

32

mended by the Senate, and that the House was now ready to pro-
ceed to the election of United States Senators.
The Senate appeared in the Hall of Representatives, and upon
invitation of Mr. Speaker, the President of the Senate presided over
the Joint meeting.
On motion of Mr. McClellan, the two Houses proceeded to the
election of Senators, by calling the rolls of both Houses, beginning
Sixth that of the Senate, each member as he was called naming the
candidates voted for.
On motion of Mr. Hawkins, each member rose from his seat on
casting his vote.
Mr. Loring then nominated David Levy as a candidate for Sena-
tor to the Congress of the United States.
Mr. Hawkins nominated James D. Westcott.
Mr. Kelly nominated Jackson Morton.
Mr. Tracey nominated Joseph M. Hernandez.
The following is the result of the election :

Mr. President,
Messrs. Bellamy,
Bell,
Broward,
Carter,
Center,
Goodbread,
Haughton,
Hawkins,
Mays,
McLean,
Porter,
Priest,
Walker,
Wall,
White,
Wright,
Mr. Speaker,
Messrs. Allison,
Alexander,
Barkley,
Branch,
Brett,
Brown, of Leon,
Brown, of Monroe,
Coleman,
Cotten,
Dell,
Dummett,
Ellis,
Carried forward,

1 1
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Brought forward,
Messrs. Ferguson,
Fernandez,
Floyd,
Fontane,
Forbes,
Garrason,
Gillis,
Goff,
Hurst,
Kelly,
Long,
Loring,
McClellan,
Myers,
Neal,
Newsom,
Penn,
Philips,
Riley,
Smallwood,
Smith,
Stewart,
Stone,
Taylor,
Tracey,
Tweed,
Waring,

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33

RECAPITULATION:
DAVID LEVY, 41
JAMES D. WESTCOTT, 41
JOSEPH M. HERNANDEZ, 16
JACKSON MORTON, 16
The President then proclaimed that David Levy and James D.
Westcott, were duly elected Senators from the State of Florida in the
United States Senate, they having received a majority of both Houses.
On motion of Mr. Floyd, it was ordered that the President of the
Senate, and Secretary of the joint meeting of this General Assembly,
do certify two copies of the minutes thereof to His Excellency, the
Governor of this State, to be duly exemplified by him under the seal
of the State, and to accompany the commissions to be issued'to the
Senators elect.
The Senate then retired from the Hall of Representatives, and on
motion of Mr. Fernandez, the House adjourned till to-morrow morn-
ing, 10 o'clock,

WEDNESDAY, July 2d, 1845.
The House met pursuant to adjournment; a quorum being present,
after prayer by'the Rev. Mr. Foster, the journal of yesterday's pro-
ceedings, was read.
On motion of Mr. Loring, John P. Baldwin, Representative from
the county of Dade, having appeared, was sworn and took his seat.
On motion of Mr. Brown, of Leon, Mr. Baldwin was added to the
Committee on Finance and Public Accounts.
On motion of Mr. Goff, Mr. Baldwin was added to the Committee
on Elections.
Mr. Allison presented a petition in relation to a free bridge across
the Ocklocknee river. Also,
A petition of Laban Rawls, Seaborn Rawls, H. M. Wamack, and
Robert Larkins, in relation to a judgment against them in Gadsden
Superior Court; which were received and read.
Mr. Barkley moved that the petition in relation to a free bridge
across the Ocklocknee river, be referred to the Committee on Corpor.
nations ;
Which, being withdrawn,
Mr. Long moved that said petition be laid on the table;
Which was carried.
On motion of Mr. McClellan, the petition of Laban Rawls, Sea-
born Rawls, H. M. Wamack and Robert Larkins, was also laid on
the table.
Mr. Cotten presented a letter of invitation from the Committee of
the Centreville Greys, Company B, 6th Regiment, and the citizens of
Centreville, to attend a barbecue, and participate in the celebration
of the next anniversary of American independence;
5

Which was received, read, and the thanks of the House tendered
to the Committee, and those they represent.
On motion of Mr. Allison, leave of absence was granted to ,r,
Smallwood till Monday next.
On motion of Mr. Loring, leave of absence was granted to Mr.
Dummett till Monday next.
On motion of Mr. Taylor, the rule was waived, that certain por-
tions of the Governor's message might be referred to appropriate
Committees.
Mr. Newsom moved that so much of the Governor's message as
relates to Taxation and Revenue, be referred to the Committee on
Finance and Public Accounts;
Which was carried.
Mr. Taylor moved that so much of the Governor's message as re-
lates to taking the census of the State, be referred to a Select Com-
mittee, with instructions to report thereon at as early a day as practi.
cable ;
Which was carried, and Messrs. Taylor, Fontane and Stewart,
were appointed said Committee.
On motion of Mr. Long, so much of the Governor's message as
refers to Banks and other Corporations, was referred to the Commit.
tee on Corporations.
On motion of Mr. McClellan, so much of the Governor's message
as refers to Militia, was referred to the Committee on the Militia.
Mr. Newson moved that so much of the Governor's message as re-
lates to the Judiciary, be referred'to the Committee on the Judiciary;
Which was carried.
Mr. Floyd moved that so much of the Governor's message as re-
fers to the donation of Public Lands, be referred to the Committee on
Federal Relations, with leave to report by bill or otherwise;
Which was carried.
On motion of Mr. Floyd, the House adjourned till to-morrow
morning, 12 o'clock.

THaTSDAY, July 3d, 1845.

The House met pursuant to adjournment; a quorum being present,
after prayer by the Rev. Mr. Foster, the Journal of yesterday's pro-
ceedings was read.
On motion of Mr. Barkley, the following protest was permitted to
be spread on the Journals:
BRITTON BARKLEY, a member from Jackson County in the House
of Representatives, claims the exercise of a constitutional privilege
to spread upon the Journals of this House his Protest against the pro-
ceedings of the General Assembly of the State of Florida, in the e-
lection of United States Senators on Tuesday the 1st July.
First: Because the said General Assembly voted in joint meeting

-y the Senators coming into the Representative Hall, divested of its
distinct organization, and mingling with the members of the House
Df Representatives, in the same hall, constituting a joint body to trans-
cst business, without any constitutional organization as such.
Second : Because, by an arbitrary rule adopted, debate was sup
dressed on the nomination and election of United States Senators.
contraryy to the Constitution and Bill of Rights, and the privilege of
Lhe Representatives of the people of Florida.
Third: Because, in the election of United States Senators, David
Levy, a member elected to Congress, by a large majority ofthe voters
of the State, toserve them as a Representative in the Congress of the
United States, was again elected to a seat in the United States Sen.
ate, in contempt of the People's expressed will, in contravention ot
their sovereign authority, and in violation of the spirit and principles
of democracy.
Fourth : Because the whole proceeding is of evil example, and
dangerous to free Republican institutions.
BRITTON BARKLEY.
Mr. Allison moved that the petition of the citizens of Gadsden
County, in relation to the establishment of a Free Bridge across the
Oclocknee River in said County, be taken from the table,
The yeas and nays being called for on said motion, by Messrs.
Allison arid Floyd, were as follows:
Yeas-Messrs. Allison, Alexander, Baldwin, Barkley, Branch.
Brown, of Monroe, Cotten, Dell, Ferguson, Floyd, Forbes, Gillis,
Hurst, Myers, Newsom, Penn, Taylor and Mr. Speaker-18.
Nays-Messrs. Brett, Brown, of Leon, Coleman, Ellis, Fernandez,
Fontane, Garrason, Goff, Kelly, Loring, McClellan, Neal, Phillips,
Riley, Smith, Stone, Tracey, Tweed and Waring-19.
Yeas-18-Nays-19-so the motion was lost.
Mr. Floyd, according to previousnotice, introduced the following
bill: a bill to be entitled, "An act to repeal an act to provide the
mode of punishment for certain offences at Key West in the South.
ern Judicial District."
Which was read the first time, and placed among the orders of the
day.
The following message was received from his Excellency the Gov.
ernor:
EXEcUTIVE OFFICE,
Tallahassee, July 3, 1845.
Gentlemen of the Senate and
House of Representatives:
I have approved the Preamble and Resolutions in relation to the
postponement of the sales ofthe Public Lands in this State, and for-
warded a copy to the President of the United States, agreeably to
your request. I have the honor to be,
Your obedient servant,
W. D. MOSELEY.
Mr. Allison offered the following resolution, viz:

Resolved, That a committee of three be appointed to be styled,
" The Committee on Salaries and Fees of Public Officers," whose
duty it shall be to report a bill prescribing the salaries and fees of
the several officers of this State,
Which was adopted, and Messrs. Allison, McClellan, and Alexan.
der, were appointed said Committee.
The Senate transmitted to the House, as having passed that body,
a bill to be entitled, An Act assenting to the purchase by the United
States of certain land on the island of Key West, for the purpose of
erecting fortifications thereon, and ceding to the United States juris-
diction over said land for the purpose aforesaid.
Which was read the first time.
On motion of Mr. Brown, of Monroe, the rule was waived, and
the bill read a second time.
On motion of Mr. Baldwin, the rule was waived, the bill read a
third time, and put upon its passage.
The vote on the passage of said bill was as follows :
Yeas-Messrs. Allison, Alexander, Baldwin, Barkley, Branch,
Brett, Brown, of Leon, Brown, of Monroe, Coleman, Cotton, Dell,
Ellis, Ferguson, Fernandez, Floyd, Fontane, Forbes, Garrason, Gil-
lis, Goff, Hurst, Kelly. Long, Loring, McClellan, Myers, Neal, New-
som, Penn, Phillips, Riley, Smith, Stewart, Stone, Taylor, Tracey,
Tweed, Waring, and Mr. Speaker-39.
Nays-None. So the bill was passed.
Ordered that the title be as stated, and the same be 'certified to
the Senate.
The Senate also transmitted to the House, a resolution originating
in the House in relation to the appointment of a Joint Select Com-
mittee on the Library, as having been adopted by that body, and ap-
pointed Messrs. Mays, Wright and Bellamy said Committee, on the
part of the Senate.
Mr. Cotten moved that the House adjourn till Monday morning,
11 o'clock.
The yeas and nays being called for on said motion, by Messrs.
Fernandez and McClellan, were as follows:
Yeas-Messrs., Alexander, Baldwin, Barkley, Branch, Brett,
Brown, of Leon, Brown, of Monroe, Cotten, Ferguson, Gillis, Hurst,
Kelly, Myers, Neal, Newsom, Penn, Taylor, Waring, and Mr. Speak-
er-19.
Nays-Messrs. Allison, Coleman, Dell, Ellis, Fernandez, Fonta.
ne, Forbes, Garrason, Goff, Long, Loring, McClellan, Phillips, Riley,
Smith, Stewart, Stone, Tracey and Tweed-19.
Yeas 19, nays 19. So the motion was lost.
Mr. Long moved that the House adjourn till Saturday morning, 11
o'clock.
The yeas and nays being called for on said motion, by Messrs.
Smith and Long, were as follows:
Yeas-Messrs. Baldwin, Barkley, Branch, Brown, ofLeon, Brown,
of Monroe, Gillis, Goff, Long, Myers, Neal, Penn and Riley-12.

37

Nays-Messrs. Allison, Alexander, Brett, Coleman, Cotten, Dellt
Ellis, Ferguson, Fernandez, Floyd, Fontane, Forbes, Garrason,
Hurst, Kelly, Loring, McClellan, Newsom, Phillips, Smith, Stewart,
Stone, Taylor, Tracey, Tweed, Waring, and Mr. Speaker-27.
Yeas, 12-Nays, 27-so the motion was lost.
Mr. Baldwin moved that the House adjourn till 10 o'clock, to-
morrow.
Mr. Brown, of Monroe, moved that the House adjourn till 9 o'clock,
Monday morning.
The yeas and nays being called for on said motion by Messrs.
Long and Fernandez, were as follows:
Yeas-Messrs. Alexander, Baldwin, Barkley, Branch, Brett,
Brown, of Leon, Brown, of Monroe, Cotten, Ferguson, Hurst, Kelly,
Myers, Neal, Newsom, Penn, Taylor, Warinz and Mr. Speaker-18-
Nays-Messrs. Allison, Coleman, Dell, Ellis, Fernandez, Floyd,
Fontane, Forbes, Garrason, Gillis, Goff, Long, Loring, McClellan,
Philips, Riley, Smith, Stewart, Stone, Tracey and Tweed-21.
Yeas 18, nays 21-so the motion was lost.
Mr. Ferguson asked for leave of absence till Monday next, which
was refused.
Mr. Riley moved that'the House adjourn till Saturday, 3 o'clock,
P. M., which was lost.
Mr. Baldwin moved a call of the House.
On the roll being called, Mr. Ferguson was found to be absent.
On motion. Mr. Baldwin was permitted to withdraw his motion for
a call of the House.
On motion of Mr. Barkley, the House adjourned till Saturday,
half-past 10 o'clock, A. M.

SATURDAY, July 5th, 1845.

The House met pursuant to adjournment; a quorum being present,
after prayer by the Rev. Mr. Foster, the Journal of Thursday's pro.
ceedings was read.
Mr. Myers gave notice that he would on some future day ask
leave to introduce a bill to be entitled an act giving ship wrights and
mechanics a lien in certain cases.
Mr. Baldwin presented two presentiments of the Grand Jury of
Dade county, a letter from the Hon. William Marvin -and a letter
from George McKay, in relation to the draining of the Everglades,
the fisheries on the southern coast of Florida, a post road and rout
to the Miami in Dade county, establishment of a light at Cape
Florida or Souldier Key, and to agriculture.
Which were severally read.
On motion of Mr. Baldwin, so much of said presentments and let-
ters as relates to Internal Improvements, was referred to the Com-
mittee on Internal Improvements;

38

So much of the same as relates to Federal Relations, was referred
to the Committee on Federal Relations; and
So much of the same as relates to Agriculture, was referred to the
Committee on Agriculture.

ORDERS OF THE DAY.

A bill to be entitled, An act to repeal an act to provide the mode
of punishment for certain offences at Key West in the Southern Ju.
dicial District, was read the second time and ordered to be engrossed
for Monday.
On motion of Mr. Barkley, the House adjourned until Monday
morning, 10 o'clock.

MONDAY, July 7th, 1845.

The House met pursuant to adjournment, a quorum being present,
after prayer by the Rev. Mr. Foster, the Journal of Saturday's pro-
ceedings was read.
Mr. Brown, of Monroe, gave notice that he would, on some future
day, ask leave to introduce a bill to amend an act in relation to Pilots
for the harbor and bar of Key West.
Mr. McClellan offered the following resolution, viz:
Resolved, That this House deem it inexpedient, at the present ses-
sion, to legislate on local matters, or to go into any general revision
of the laws, and that it is proper to confine the action thereof, to such
business as may be made obligatory by the Constitution.
Mr. Baldwin moved said resolution be laid on the table;
The yeas and nays being called for on said motion by Messrs.,
Floyd and Smallwood, were as follows:
Yeas-Messrs. Baldwin, Barkley, Branch, Brown, ofLeon, Brown,
of Monroe, Coleman, Gotten, Dummett, Ellis. Ferguson, Floyd, Fon-
tane, Gillis, Goff, Kelly, Riley, Tweed and Mr. Speaker-18.
Nays-Messrs. Brett, Dell, Fernandez, Forbes, Garrason, Long,
Loring, McClellan, Neal, Newsom, Penn, Philips, Smallwood, Stew.
art, Stone and Tracey-16.
Yeas-18; Nays-16; so the motion was carried.
Mr. Ferguson, from the Committee on the Judiciary, made the fol-
lowing report:
The Judiciary Committee, to which was referred the 3d article of
the State Constitution, has had the same under consideration, and
have instructed me to report:
A bill to be entitled, An act to establish the office of a Comp.
troller of the Revenue and Finances of the State, and for other pur-
poses therein mentioned.
I. FERGUSON, Jr., Chairman.

39

Which bill was read the first time, and placed among the order
of the day.
On motion of Mr. Ferguson, sixty copies of said bill were ordered
to be printed.
ORDERS OF THE DAY.

A bill to be entitled, An act to repeal an act to provide the mode
of punishment for certain offences at Key West in the Southern Ju-
dicial District, was read the third time ;
On the passage of said bill, the vote was as follows:
Yeas-Messrs. Baldwin, Barkley, Branch, Brelt, Brown, of Leon,
Brown, of Monroe, Coleman, Cotten, Dell, Dummett, Ellis, Fergu-
son, Fernandez, Floyd, Fontane, Forbes, Garrason, Gillis, Goff,
Kelly, Long, Loring, McClellan, Myers, Neal, Newsom, Penn, Phil-
lips, Riley, Smallwood, Stewart, Stone, Tracey, Tweed, Waring and
Mr. Speaker-36.
Nays-None; so the bill was passed. Ordered that the title be
as stated, and the same he certified to the Senate.
On motion of Mr. Barldey, the House took a recess till 4 o'clock,
P.M.

4 O'CLOCK, P. M.

The House met pursuant to adjournment. The roll being called,
the Speaker announced that a quorum was present.
Mr. Brown, of Leon, from the Committee on Finance and Public
Accounts, made the following report;
The Committee on Finance have had under consideration a proper
system of Revenue to be devised and adopted to meet the necessary
accruing expenses of State Government.
In the performance of this important duty, they are not unmindful of
the embarrassments which surround this difficult and delicate subject
of legislation. The want of the necessary statistical information on
which to base proper estimates, has added greatly to the labors of the
Committee. But the pecuniary burthens now pressing upon all
classes of the community, brought upon them by calamities beyond
their control, as well as by wild and extravagant speculation, the con-
sequence of indiscreet legislation, together with the low prices of our
principal staples, which has effected a scarcity of money and a general
distress, unknown since the period of the revolution, admonishes us
that the people are illy able to bear the burthens of heavy taxation.-
But should we for these causes, shrink from a faithful performance of
our solemn duty ? We answer, no. The people of Florida are intel-
ligent and just, and have assumed the burthens and responsibilities of
a State Government, after full information and solemn deliberation
upon all the consequences attendant on this momentous political change
in their condition, and at a time when all those troubles were as prorm.

4A

inent and appealing as they can be now-yet with a firmness of purpose
which none.but freemen deeply imbued in the principles of civil liber.
ty could exert, they determined to meet the crisis and throw off the cor-
rupting and debasing trammels of Territorial dependence, and to enjoy
the blessings of free government at any sacrifice, but of honor and in-
dependence. And we their representatives are by their commands,
to provide the ways and means to carry out their will and meet their
just engagements. With these views, your Committee have under.
taken to perform the duty which you have required of them.
And first, the committee have endeavored to ascertain the proba-
ble expenses of the Government, to defray which a Revenue ought
to be raised, and after dispensing with all unimportant offices,. and
all unnecessary expenditure of the public money; and estimating
the salaries of officers upon the principle of an economical cash-pay.
ing Government; making all salaries moderate but adequate to in-
sure competent and faithful public servants, have come to the follow.
ing results viz :
For expense of the Executive Department, including
incidental expenses, -$ 6,500 00
For expense Legislative ditto, 17,000 00
For expense of the Judicial Department, including the
expense of Courts, and contingent expense, &c.,, 18,000 00

Making a total of $41,500 00
To meet which the -committee have made estimates upon the fol-
lowing subjects and sources of Revenue, viz :
Upon Lands and Town Lots, $20,000 00
Slaves and Free Negroes, 12,500 00
Merchandise, Commission Merchants and Factors, 5,000 00
Auction Sales, 5,000 00
Tavern keepers and retailers of Spirituous Li-
quors, money at interest, shares of stock, &c.
pleasure carriages, &c., stock cattle over 100
"head, Hawkeis and Pedlars, Billiard Tables
and shows, Fines-and Forfeitures, 10,000

$52,500 00
From which deduct for expense of collection and over
calculation, 11,000 00

$41,500 00
And beg leave to report a bill to be entitled,'" An Act to raise a Re-
venue for the State of Florida."
The committee do not pretend to consider this bill as furnishing a
complete system of Revenue ; but they do consider it adequate for all
present purposes, and as the commencement of a system which may
be perfected hereafter.: -
Should this revenue bill be passed into a law 'at this present ses.
sion of the General Assembly, it will be some six or eight months

before it can cause any money to flow into the State Treasury. But
it will insure public confidence, and Treasury Certificates 'will be
readily received in all transactions at tlieir par value. But on the
other hand, should the General Asseinbly adjourn without passing a
revenue bill, confidence will be lost in the Government, and its Trea-
sury Certificates will be hawked about at a ruinous depreciation,
whilst a mass of debt will be accumulating against the State, blight.
ing its credit and corrupting the people.
We have examples before us which should admonish us, in the
most solemn manner to avoid everything that would be calculated to
lead us into the creation of any thing like a State debt-to avoid
every attempt at the establishment of a system of favoritism or party
patronage-to establish a cheap form of government, and to collect
from the people no more money than its support demands, and to hold
all who have custody of the public moneys to a prompt and rigid ac-
countability, are plain and self.evident rules, which experience, wis.
dom and duty alike point out; and which the committee respectfully
submit to the consideration of the General Assembly.
THO. BROWN, Chairman.
Which was received..
A bill to be entitled, An act to raise a Revenue for the. State of
Florida, reported by the committee, was then read the first time, and
ordered for a second reading on Wednesday next.
On motion of Mr. Floyd, one hundred copies of said bill were or.
dered to be printed.
Mr. Ferguson, from the Committee on the Judiciary, made the bfl.
lowing report:
The Judiciary Committee, to which was referred the 3d and 5th
articles of the State Constitution,,have had the same under consider-
ation, and have instructed me to report:
A bill to be entitled, "An act to organize, the office of Secretary
of State," and also a bill to be entitled, An actto organize the office
of Attorney General of the State of Florida."
I. FERGUSON, Jr., Chairman.
Which report was received.
A bill to be entitled, An act to organize the office of Secretary of
State, was then read the first time, and placed among the orders of
'the day.
A bill to be entitled, An act.to organize the office of Attorney
General of the State of Florida, was also read the first time, and
placed among the orders of the day.
On motion of Mr. Ferguson, the House adjourned till to-morrow
morning, 12 o'clock.

TvEsoAY, July 8th, :1845,

The House met pursuant to adjournment, a quorum being present,
6

42

after prayer by the Rev. Mr. Foster, the Journal of yesterday's pro-
ceedings was read.
On motion of Mr. McClellan, Mr. Ellis was permitted to change
his vote from the affirmative to the negative on the resolution offered
by Mr. McClellan on yesterday, as to the inexpediency of legislating
on local matters at this session of the Legislature.-
Which, changing the decision on yesterday, it was ordered that
said resolution be placed among the orders of the day for to-day.
Mr. Alexander gave notice that he would, on some future day, in.
produce a bill to re-organise the County of Wakulla, and define the
boundaries thereof..
Mr. Dummett, according to previous notice, introduced a bill to be
entitled, An act-to change the County site of Orange County.
Which was read the first time ;
Mr. Baldwin moved-the rule be waived, the bill read a second
and third times and put upon its passage;
Which was lost;
Ordered that the said bill be placed amongst the orders of the day.
Mr. Tweed gave notice that he would, on some future day, present
a bill to be entitled, An act to change the name of the Escambia
Manufacturing Company, and to reduce the value of the shares there.
of.
Mr. Waring gave notice that he would, on some future day, intro.
duce a bill to provide the Governor with a Pivate Secretary, and for
other purposes.
Mr. Brown, of Monroe, presented a petition from the Sheriff and
Jailor of Monroe County, in relation to certain claims againstthe
Territory of Florida;
Which, with. the accounts accompanying the same, was received,
and on, motion of Mr. Brown, of Monroe, said petition and the ac.
counts, were referred to the Committee on Claims.
Mr. Brown, of Leon, presented a petition from sundry citizens of
Wakulla County, in relation to the County site thereof;
Which was received, and on motion of Mr. Alexander, the same
was laid on the table.
-Mr. Forbes presented a petition from sundry citizens of Gadsden
County, in relation to a Ferry across the Ocklocknee River at. Jack.
son's Bluff;
Which was received.
Mr. McClellan moved that said petition be laid on the table;
The yeas and nays being called for on said motion, by Messrs.
Floyd and Allison, were as follows:
Yeas-Messrs. Barkley, Brett, Brown, of Leon, Brown, of Mon-
roe, ,Dell, Ellis, Fontane, Garrason, Goff, Hurst, Long, Loring, Mc.
Clellan, Myers, Neal, Phillips, Smith, Stewart, Stone, Taylor, Tweed,
Waring and Mr. Speaker-23. .
Nays-Messrs, Allison, Alexander, Baldwin, Branch, Coleman,
Cotten, Dummett, Fergbson, Fernandez, Floyd, Forbes, Gillis, Kelly,
Newsom, Penn, Riley, Smallwood and Tracey-18.

Yeas-23 ; Nays-18-; so the motion was carried.
Mr. Goff presented certain claims against the United States;
Which, on his motion, were referred to the. Committee on Claims.
Mr. Alexander offered the following priaiible and resolutions, viz :
WHEREAS, The town of St. Marks, situated at the confluence of
the St. Marks and Wakulla Rivers, is believed by many to be the
natural outlet for the produce of Middle Florida and .a portion of
Georgia: And whereas, the said place is subject to inundations from
the sea, during heavy spring tides and the annual autumnal gales, to
which our seaboard is subject, rendering its settlement hazardous to.
life as well as property; all of which, it is believed, can be remedied
by the construction of a suitable levy, and at no very great expense :
And whereas, the said place having been-laid off into town lots, and
owned almost entirely by the United States, whose province it should
be alone to improve the same, and believing that they would be fully
reimbursed for any outlay they may make for the purpose hereinbe-
fore mentioned, by the enhanced value of their lots:
Be it therefore resolved by the Senate and House of Representatives
of the State of Florida in General Assembly convened, That our Rep.
resentative and Senators in Congress be requested to use their ex.
ertions to procure a suitable appropriation for the accomplishment of
the object set forth in the foregoing preamble.
Be itfurther-enacted, That certified copies hereof, signed by the
proper officers of the='eneral Assembly, be transmitted by the Gov-
ernor to our Representative and Senators in Congress.
Which were read the first time and placed-among the orders of the
day.
Mr. Fernandez offered the following resolution.:
Resolved, That the Governor cause enquiry to be made into the
services of the companies of Captains Bush, Price, Suarez and
Black in Duval County in the year 1838, and report the information
he may obtain to this House, at the present or ensuing session.
Which was read the first time and placed among the orders of the
day.
Mr. Penn offered the following resolution:
Resolved, That this House, the Senate concurring, adjourn on Sat-
urday, the nineteenth July.
Which was read the first time and placed among the orders of the
day.
ORDERS OF THE DAY.
A bill to be entitled, An act to establish the office of a Comptroller
of the Revenue and Finances of the State, and for other purposes
therein mentioned, was taken up, and on.motion of Mr. Baldwin,
laid on the table till to-morrow.
A bill to be entitled, An act to organise the office of Secretary of
State, came up, and on motion of Mr. Baldwin, was laid on the table
till to-morrow.

44

A bill to be entitled, An act to organise the office of Attorney
General of the State of Florida, came up, and on motion of Mr.
Baldwin, was laid on the table till to-morrow.
The resolution introduced by Mr. McClellan on yesterday, in re.
nation to the inexpediency at the present session to legislate on local
matters, &c., was read a second time;
Mr. Baldwin moved that the same be indefinitely postponed;
The yeas and nays being called for on said motion by Messrs.
Floyd and Riley, were:
Yeas--Messrs. Allison, Alexander, Baldwin, Barkley, Branch,
Bro wn, of Leon, Brown, of Monroe, Coleman, Gotten, Ferguson,
Feinandez, Floyd,'Gillis, Goff,.Hurst, Kelly, Neal, Newsom, Penn,
Riley, Smith, Taylor, Tweed, Waring and Mr. Speaker-25.
Nays-Messrs. Brett, Dell, -Ellis, Fontane, Forbes, Garrason,
"Long, Loring, McClellan, Myers, Phillips, Smallwood, Stewart and
Tracey-14.
Yeas-25; Nays-14; so the motion was carried.
Mr. Baldwin moved-that the House adjourn till to-morrow morn.
Yng, 12 o'clock;
SWhich was lost.
'On motion of Mr. Allison, the rule was waived to permit him to
lInake the'following report:
The select committee upon salaries and fees of'the officers of this
tate, have had the subject under consideration,'and beg leave to re.
aort a bill to be entitled, An act prescribing the salaries and fees of
Sthe several officers of this State.
A. K. ALLISON, Chairman.
Which report was received, and the bill reported by the committee,
read the first time and placed among the orders of the day.
Mr. Barkley moved that seventy-five copies of said bill be printed;
SThe yeas and nays being called for on said motion by Messrs. Bald.
win and Floyd, were:
Yeas-Messrs. Allison, Alexander, Barkley, Branch, Brett4 Brown,
of Leon, Brown, of Monroe, Coleman, Gotten, Dummett, Ellis, Per.
landez, Fontane, Garrason, Gillis, Goff, Hurst, Kelly, Myers; Neal,
Newsom, Penn, Riley; Smallwood, Stewart, Taylor, Tracey, Tweed
and Waring-29.
Nays-Messrs. Baldwin, Dell, Floyd, Forbes, Long, Loring, Mc.
Clellan, Phillips, Smith, Stone and Mr. Speaker-11.
Yeas-29; Nays-11; so the motion was carried.
Mr. Fernandez moved that the House adjourn till 4 o'clock, P. M.;
Which was-lost.
On motion of Mr. Myers, the House adjourned till to-morrow morn.
Ing, 12 o'clock.

WEDNESDAY, July 9th, 1846.
The House met pursuant to adjournment, and a quorum being
present, after prayer by the Rev. Mr. Foster,'the Journal of yester
day's proceedings was read.
Mr. Alexander, according to previous notice, introduced a bill to
be entitled, An Act to re-organize the County of Wakulla and to de-
fine the boundaries thereof, and for other purposes.
Ordered that the same be placed among the orders of the day for
to-day. .
Mr. Fernandez gave notice that he would, on some future day,
ask leave to introduce a bill to be entitled, An Act to alter and change
the name of Theodora Caroline Trezvant,
Mr. Brown, of Leon, gave notice that he would, at some future
day, ask leave to introduce a bill giving a lien to mechanics and
overseers, in certain cases.
Mr. Tweed, according to previous notice, introduced a bill to be
entitled, An Act to change the name of the Escambia Manufactur.
ing Company, and to reduce the value of the shares thereof.
Ordered that the same be placed among the orders of the day
for to-day.
Mr. Brown, of Monroe, according to previous notice, introduced a
bill to be entitled, An Act to amend an act entitled an act to estab-
lish a Board ofl-Commissioners of Pilotage for the port of Key West,
and for other harbors in the County of Monroe, approved 14th March,
1844.
Ordered that the same be placed among the orders of the day
for to-day.
Mr. Ellis gave notice that he would, on. some future day, ask leave
to introduce a bill to be entitled, An Act to authorize William O.
Thomas to establish a ferry across the Suwannee river, near the
mouth of the Santa Fee river. -
Mr. Allison moved that the petition of sundry citizens of Gadsden
county, relative to the establishment of a free bridge across the Ock.
lockonnee river, at or near the place known as Larkin's Bridge in
said county, be taken from the table, with a view of having the same
referred to a select committee, with power to send for persons and
papers.
The Speaker decided that said motion was out of order, as the
House had refused a few days past to take said petition from the
table.
Mr. Loring moved that the vote laying said petition on the table
be reconsidered.
The Speaker decided said motion to be out of order, said vote not
having been taken within two days last past.
On motion of Mr. Waring, Mr. Baldwin Was added to the commit.
tee on agriculture.
On motion of Mr. Allison, Mr. Baldwin was added to the com.
mittee on internal improvements.

46

Mr. Penn, according, to previous notice, introduced a bill to be
entitled, An Act to fix permanently the county-seat of Calhoun
county.
Ordered that the same he placed among the orders of the day for
to-day.
Mr. Waring, according to-previous notice, introduced a bill to be
entitled, An Act to provide the. Governor with-a private Secretary,
and fbr other purposes.
Ordered that the same be placed among the orders of the day for
to-day.
Mr. Tracey gave notice that he would, on some future day, ask
leave to introduce a bill authorizing Silas Atkins to establish a ferry
across the St. Marys river, near Deep Run, in Nassau county.
Mr. Cotten introduced the following resolution:
Be it resolved by the House of Representative, the Senate concur
ring, That the North East Room on the first floor of the Capitol, be
set apart for, a Library Room, and that the joint select committee on
the Library be empowered to contract for the erection of shelves, and
thb supply of other necessary appurtenances therein.
Which was read the first time and placed among the orders of the
day.
Mr. Ferguson, from the Committee on -the Judiciary, reported a
bill to be entitled, An act respecting commissions to be issued to the
officers of this State by the.Governor thereof.
Ordered that the same be placed among the orders of the day for
to-day.
A bill to be entitled, An-act to change the County site of Orange
County, was read a second time and ordered to be engrossed'for to-
morrow.
The resolution in relation to the Governor's enquiring into the ser-
vices of the companies of Captains Bush, Price, Suarez and Black,
&c., was read a second time and ordered to be'engrossed for to-mor-
row.
A resolution, that this House, the Senate concurring, adjourn on
"Saturday, the 19th July, was read the'second time
Mr. Baldwin moved that said resolution he laid on the table;-'
The yeas and nays being called for on said motion by Messrs.
Baldwin and Brown, of Monroe, were:
Yeas-Messrs. Allison, -Alexander, Baldwin, Barkley, Branch,
Brown, of Leon, Brown, of Monroe,_ Coleman, Cotten, Ferguson,
Floyd, Hurst, Kelly, Newsom, Riley, Taylor, Tweed and Waring
-18.
Nays-Messrs. Brett, Dell, Dummett, -Ellis, Fernandez, Fontane,
Forbes, Garrason, Gillis, Goff, Long, Loring, McClellan, Myers,
Neal, Penn, Philips, Smallwood, Smith, Stewart, Stone, .Tracey and
Mr." Speaker-23.
Yeas-18; Nays--23.; so the motion was lost.
Mr. Baldwin moved thatsaid resolution be indefinitely postponed;
Which was lost.

Mr. Floyd introduced the following-as a substitute for said resolu-
tion, viz:
Resolved, That theHouse of Representatives, the Senate concur-
ring, adjourn as soon as they shall have finished the business of the
organization of the State Government, as'imperatively required un-
der the Constitution of this State.
The yeas and nays being called for on the reception of said sub.
stitute by Messrs. Baldwin and Allison, were :
Yeas-Messrs. Allison, Alexander, Baldwin, Branch, Brown, of
Leon, Brown of Monroe, Coleman, Gotten, Ferguson, Floyd, Hurst,
Kelly, Long, Newsom, Riley, Smallwood, Taylor, Tweed, Waring
and Mr. Speaker-20.
Nays-Messrs. Barkley, Brett, Dell, Dummett,-Ellis, Fernandez,
Fontane, Forbes, Garrason, Gillis, Goff, Loring, McClellan, Myers,
Neal, Penn, Phillips, Smith, Stewart, Stone and Tracey-21.
Yeas-20; Nays-21; so the substitute offered was rejected.
Mr. Long moved to strike out the 19th" and insert" the 28th ;"
The yeas and nays being called for on said motion by Messrs.
Smith and McClellan, were:
Yeas-Messrs. Allison, Alexander, Baldwin, Branch, Brown, of
Leon, Brown, of Monroe, Coleman, Cotten, Ferguson, Floyd, Forbes,
Hurst, Kelly, Long, Newsom, Riley, Taylor, Tweed and Waring-
19.
Nays-Messrs. Barkley, Brett, Dell, Dummett, Ellis, Fernandez,
Fontane, Garrason, Gillis, Goff, Loring,. McClellan, Myers, Neal,
Penn, Philips, Smrallwood, Smith, Stewart, Stone, Tracey, and Mr.
Speaker-22.
Yeas 19-nays 22; so the motion was lost.
Mr. Coleman moved that said resolution be referred to the com.
mittee on Propositions and Grievances, which was lost.
On motion of Mr. Myers, it was ordered that the same be engross-
ed for to-morrow.
Mr. Ferguson moved that the House take a recess till 3 o'clock;
The yeas. and nays being called for on said motion by Messrs.
Baldwin and Long, were:
Yeas- Messrs. Alexander, Barkley. Brett, Brown, of Leon, Dell,
Dummett, Ellis, Fernandez; Fontane, Forbes,' Garrason, Gillis, Goff,
Hurst, Loring, McClellan, Myers, Neal, Newsom, Penn, Philips,
Smallwood, Stone, Taylor, Tracey, Waring, and Mr. Speaker-27.
SNays-Messrs. Allison, Baldwin, Branch, Coleman, Floyd, Kelly,
Long, Riley, Smith, Stewart and Tweed-11.
Yeas 27-nays 11; so the motion was carried, and the House
took a recess until 3 o'clock, P. M.
3 O'CLOCK, P. 3.
A bill to be entitled, An act to establish the office of a Comptroller
of the Revenue and Finances of the. State, and for other purposes
therein mentioned, was read'a second time;

Mr. Baldwin moved said bill be laid on the table;
Which was lost.
On motion of Mr. Coleman, the House resolved itself into a comr
mittee of the whole on said bill, Mr. Ferguson in the Chair. After
some time spent in consideration thereof, the committee rose, reported
progress, and asked leave to sit again.
Which report was concurred in.
A bill to be entitled, An act to organize the office of Secretary of
State, was read a second time;
On motion of Mr. Baldwin, thd House went into committee of the
whole on said bill, Mr. Baldwin in the Chair. After some time
spent in the consideration thereof, the committee rose, reported-pro.
gress, and asked-leave to sit again.
Which report was concurred in.
A bill to be entitled, An act to organize the office of Attorney Gen.
eral of the State of Florida, was read the second time;
On motion of Mr. Baldwin, the House went into committee of the
whole on said bill, Mr. Floyd in ihe chair. After some time spent
in the consideration thereof, the committee rose, reported progress,
and asked leave to sit again ;
Which report was concuiied in.
A resolution in relation to the construction of, a Levee, at St.
Marks, was read a second time and ordered to be engrossed for.to.
morrow.
A bill to be entitled an act to raise a Revenue for. the State of
Florida, came up, and on motion of Mr." Brown, of Leon, ordered
that the same be made the special order of the day for to-morrow.
A bill to be entitled an act respecting commissions to be issued to
the officers of this State, by the Governor thereof, was read the first
time and: ordered for to-morrow.
Abill to be entitled an act to provide the Governor with a Private
Secretary and for other purposes, was read the first time and ordered
for to-morrow.
A bill to be entitled, An Act to fix permanently the county-seat of
Calhoun county, was read the first time, and ordered for tqiorrOw.
"A bill to be entitled, An'Act to change the name of th E am.
bia Manufacturing Company,'aad to reduce the value of the shares
thereof, was read the first time and ordered for to-morrow. .
A bill to be entitled, An Act to re-organize the county of Wakul.
la and to define the boundaries thereof, and for other purposes, was
read the first time-and ordered for to-morrow.
A bill to be entitled, An Act to amend an act entitled an act to
establish a Board of Commissioners of Pilotage for the port of Key
"West, and..for other harbours in the county of Monroe, approved 14th
March 1844, was read the first time and ordered for to-morrow.
Mr. Brown, of Monroe, Ioqved that the House adjourn till 10 ,o'.
clock to-morrow mornting,'-
Which was lost.

On motion of Mr. Penn, the House adjourned.till to-morrow morns
ing, half past 9 o'clock,

THURSDAY, July 10th, 1845,

The House met pursuant to adjournment, and a quorum being
present, after prayer by the Rev. Mr. Foster, the Journal of yester-
day's proceedings was read.
Mr. Ferguson moved that the sixth Article of the State Constitu-
tion be referred to the Committee on Elections, and that said Com,
mittee be instructed to report on the 2d section thereof as soon as
possible.
Mr. Ferguson, from the Committee on the Judioiary, made the fol,
lowing report;
The Committee on the Judiciary, to which was.referred the fifth
Article of the Constitution, have had: the same under consideration,
and have instructed me to-report the following bills:
A bill to be entitled, An Act to oi'gaisze the Circuit Courts of the
State of Florida.
Also, a bill to organize a Supreme Court of the State of Florida,
I. FERGUSON, Jr., Ch'n.
Which said bills were severally read the first time, and placed
among the orders of the day.
Mr. Branch, froth the Committee on Schools and Colleges, made
the following report:
The Committee on Schools and Colleges, who are charged, by the
rules of the House, with the care of all subjects relating to Educa,
tion in this State, have had the same under consideration and beg
leave to REPORT;
That their enquiries have been directed, 1. To obtain accurate in,
formation as to the amount and character of the grants made by Con,
gress for purposes of Education in this State, and what addition the
State can- make to the fund out. of its resources. 2. To ascertain
the mode most expeditious for obtaining possession of'the grants-
the most effectual to preserve the lands from waste, and most eligible
for rendering them available to the object for which they were de-
signed. 3, To devise a plan for the organization of sudh a Com,
mon School System as will diffuse the greatest amount of intelligence
and happiness among the people of the State,
The committee-are aware that they have undertaken a task of no
ordinary magnitude and difficulty, and one which it may not be in:
their power to peform; but they propose, at present, to consider only
the two first named heads, leaving the third, and by much -most im,
portant, for the subject of a future report, Which they purpose to make
after they have had time for more mature reflection, and a compare,
son of the organization and results of various Common School Sys.
7

teams in the United States. The committee .hope to acquire some,
wisdom from the follies' and failures of men, in the older States, far
more capable than themselves of originating and putting into opera-.
tion an extensive system. If the present session of the General As.
sembly shall not be of sufficient duration to enable the committee to,
mature and report a system, the members of the committee- flatter
themselves that the subject will be deemed of sufficient importance
by their successors to induce them to prosecute it until a satisfactory
result shall be obtained; and the intellectual resources of the State
shall be developed. In view of the benificent donation which we
have received from the Federal Government, the committee indulge
the hope, that the period is not far distant when the State will be able
to place within reach of all its children such an education as will
qualify them to fill, with credit to themselves and the State, any post
to which their fellow-citizens may-call them. It will be for fathers
of families to say whether a Common School System shall fail
through their indifference
The committee have ascertained, by a careful examination of the
acts of Congress, that donations have been made for three distinct
objects, 1. Four Township-sof land, amounting to 92,160 acres, have
been granted for two Universities; one to be located East and the
other West of the Suwannee river. It appears to the committee that
if the fund was sufficient to establish-two Universities, there are not
youths enough in the State, seeking collegiate educations to support-
them; and that, to require two Universities to be established;, will
insure the failure of both: they-therefore recommend that Congress
be requested to authorize the General Assembly, if-it-thinks fit, to
devotezthe whole fund to the establishment of one University. One
of these townships and a portion, of another have been located, the
balance' are yet to be located. "2. Section sixteen in every Town.
ship is granted to the State for the establishment of Common Schools
in such Township. Ase there are-1528 Townships in Florida, this
grant will embrace 977,920 acres. Manyofthese sections will be em.
raced in private grants and covered,by pre-emption claims. Con.
gress has passed an act providing that, when such is the case, "'other
lands, equivalent thereto, within any land districtt within said Terri.
tory, most adjacent to said land so taken up by private claims, which
have been offered for public sale and remain unsold, maybe selected in
lieu thereof, under the direction of the Secretary." This act is so re,
stricted in its character, that it will give little additional value to the
grant, inasmuch as it is well known that most of the public lands of
any value will be purchased at the public sales, and most, if-not all,
the balance will he secured by the superior activity of individuals
wishing to purchase.
SThe committee recommend an application to Congress for such an
amendment of the act as will enable us to select from lands which
have not been offered at public sale. The great extent of private
claims in'Florida, and theifact that the public lands have been with,
held from market, whilst inducements were held out to emigrants to

*crrne here by ihe Government, and the consequeht accumulation of
*a large population eager to purchase land, will, the committee fear,
make the relocation scarcely worth the expense, without an amend.
'ment of the law in this respect.
3d-Congress has granted for 'purposes of education generally,
" five per centam'if he nett proceeds of the sales of lands within said
State, which shall hereafter be sold by Congiess, after deducting all
expenses incident to the same." The committee have :no data on
which to estimate the value of this grant. If all the 'expenses inci.
dent to the same -include the sum paid to Spain for the purchase of
the country, and the sum expended in extinguishing the Indian title,
the grant vill'be of no value; but if they include only the expenses
-of surveying and selling the land, it will probably be a handsome fund.
The committee are informed that the State is also entitled to ihe
sum of $382,335, for its share of the surplusrevenue-eposited in the
States in 1836. The committee recommend that this sum, when
obtained, be inviolably, pledged 'for purposes of education in the
State. These. l several sums will, if wisely and prudently administer-
ed, enable the State to secure to every child within its limits, the
benefits ofan education.
'It cannot be disguise ihat mot -of 'the common school systems of
"the United States have entirely failed to accomplish the objects for
which they were intended; and the committee are impressed with
the 'belief that it is'owing to radical defects in their organizations.
In Florida the danger of a failure is greatly increased by the sparse-
ness of the population,'and the fact that a large portion of the popu-
lation pushed forward upon the very frontiers of civilization-and en-
grossed for several years 'with the protection of their families from
want and Indian depredations, will not for some time sufficiently ap-
preciate the great advantages that education will confer'on their
children.
The'conimittee find on the statute bodk-many laws on the subject,
which appear to be useless and which appear to have'become obso-
lete. They- have no disposition to add to the number. There is. a
law now in existence which, if enforced, will sufficiently protect the
sixteenth sections, and provides for renting them from year to year.
At present-:ihey 'content themselves with reporting a bill for ascer-
taining, securing and increasing the fund applicable to purposes of
education in this State, also the accompanying resolutions.
L. H. 'BRANCH, Ch'n. -
"Which report was received.
A bill to be entitled, An Act to provide for ascertaining, securing
"and increasing the funds applicable to purposes of Education in this
State, was then read the first time -and placed amongst the orders of
the day.
The following resolutions, reported by'the Committee, were also
read the first time and placed among the orders of the day :
Resolved, That our Senators and Representative in Congress be,
,and they are hereby, instructed to urge the -passage of a law autho.

izing the state of Florida to select, in the cases provided for in the
act of Congress approved the I5th of June, 1844, any surveyed lands
in this State not previously appropriated, whether'such land may have
been offered for sale or not
Be itfurther resolved, That they be further instructed to urge the
passage of a law giving to the State of Florida the entire control of all
and every Township, or parcel of land, granted for Seminaries of Learn-
ing, so that by an act of the General Assembly of this State,-there
may be established one or more Seminaries of Learning, as the said
General Assembly of the State of Florida may-at any time hereafter
think the public good may require.
ORDERS OF THE DAY.
A bill to be entitled, An act to raise a Revenue for the State of
Florida, came up on a second reading, and on motion of Mr. Fergu
son, the House weriint6 committee of the whole on said bill, Mr.
Kelly in the chair. After some time spent therein, the committee
rose, reported progress, and asked leave to ilagain at 8 o'clock, P.
M.;
Which was concurred in and granted.
The following message was received from his Excellency the
Governor
EXEcUTrVE OFFICE.
Tallahassee, July 10, 1845. 5
Gentlemen of the Senated
and House of Representatives
I have the honor herewith to transmit the report of a committee,
and sundry resolutions of the Legislature of the State of Connec-
ticut, received this morning by mail.
Conceding the soundness of the principle- set forth in the first
resolution in relation to.Rhode Island, its applicability to the occur-
rences in the latter State, and the course of the Federal govern-
ment and of different States of the Union, in relation to that con-
troversy, may be questioned.
Such principle cannot be successfully invoked to repress the ex-
pression of opinions, in the manifestation of sympathy in favor of
those of the people of Rhode Island who have sought the substitu-
tion of a free republican constitution, the work of the people them-
selves, for the royal charter, under which the government of that
Stats has hitherto been carried on; nor to stifle th. indications of
popular indignation against those who pursue them so vengefully.
With respect to the report of the committee and resolutions referring
to the State of South Carolina,-it is to be lamented that the Legisla-
ture of Connecticut should have endorsed the conduct of the authori-
ties of Massachusetts upon this delicate subject. The Southern States,
where the institution of domestic servitude exists, should have little to
say upon this topic. We.should not allow interference, even by at-
tempted discussion, of the propriety of our courses. It is our affair,
With one voice we should say to the abolitionincendiary, and big*

oted fanatical philanthropist, who is disposed to meddle in matters
he does not understand, and in which he has no concern, Let us
alone." How the.course of Massachusetts can be justified by Con-
necticut, consistently with the principle set forth in the first reso-
lution, in relation to Rhode Island, 1 cannot imagine., If the ad-
monitions so often repeated are without effect, to restrain those
who pervert principles, distort the constitution) and violate rights
and propriety, to justify interference in our domestic affairs, and to
excite to domestic violence amongst us, the responsibility of the
consequences will justly fall on them. It is respectfully submitted
to you-whether any action is necessary on these documents.
The House of Representatives will please transmit this commu-
nication, and the accompanying documents,'to the Senate.
i have the honor to be,
Very respectfully, your ob't. sv't,
W. D. MOSELY.

STATE OF CONNECTICUT.
EXECUTIVE DEPARTMENT,
New Haven, June 25, 1845.
To Ifis Excellency the Gooernor of Florida:
Sir: In obedience to a Resolution of the General Assembly of
this State, I have the honor to forward to you the accompanying
Resolutions.
With much respect,
Your obedient servant,
ROGER S. BALDWIN.

RESOLUTIONS RELATING TQ THE STATE OF RHODE ISLAND.
Resolved, That neither Congress nor any individual State has a
right-to interfere with the government of another State, in the exerN
cise of her criminal jurisdiction, in matters pertaining exclusively
to her own security, and in no way affecting the citizens of other
States or the National Government..
Resolved, That in the opinion of this General Assembly, the peo* -
ple of Rhode Island, so far from having justly incurred the reproach*
es which have been cast upon them by the Resolutions of Maine
and New Hampshire, have covered themselves with honor, and de*
serve the lasting gratitude of the States of this Union, for their tri*
umphant vindication of the great principles of constitutional liberty,
and their successful maintenance of the supremacy of the laws
against the assaults of anarchy and treason.
Resolved, That His Excellency the Governor be requested to
transmit a copy of these resolutions to each of the Governors of the
several States and Territories of this Union, and that our Senators
and Representatives in Congress be requested to lay the same be*
fore their respective Houses df-Congress,

lr t'EN ATE, June 13, 1845.-Passed.
"N. L. WHITE, Clerk.
HOUSE OF REPRESENTATIVES, June 13, 1845.-Passed.
JAMES H. HOLCOMB, Clerk.
OFFICE OF SECRETARY OF STATE.
HARTFORD, June 21, 1845.
I hereby certify that the above is a true copy of record.
DAN'L P. TYLER, Secretary 'of State.

REPORT IAND RESOLUTIONS.
RELATING TO DIFFERENCES EXISTING BETWEEN THE STATES OF
MASSACHUSETTS AND SOUTH-CAROLINA.
The Joint Select Committee on Federal Relations, to whom was
referred so much of the Speech of His Excellency the Governor,
as relates to the Preamble and Resolutions adopted by the Legisla-
ture'of the 'State of South-Carolina, directing the expulsion from
:that State of a distinguished citizen of Massachusetts,-and to the
*Declaration and solemn protest of Massachusetts against the hos-
tile acts of South Caiolina,-also certain resolutions of the States
of Arkansas, Alabana and Illinois, relative to the proceedings of
"Massachusetts and South-Carolina, respectfully
REPORT-
That the Comimnittee 'have examined with pr6ftthd interest and
'concern the prominent features of these differences between two
distinguished States of the Union, evincing on the part of Massa-
chusetts, an -earnest effort to bring the questions in dispute before
the Supreme Court of the 'United States, the only -constitutional
and peaceful tribunal for the settlement of difficulties between
States,-and equally evincing on the part of 'Sodth-Carolina, 'a de-
termination to prevent, by legislation, or by force and violence, if
necessary, the requisite) steps to bring these differences to a fair
and legal adjudication before the tribunal specified by the Consti-
tution.
"Without attempting to enter into the merits of this controversy
'.i in its early progress,-with a deep reluctance to recommend any
proceedings calculated to embitter feelings of hostility between
these ancient and venerable States,-the Committee cannot.forbear,
when this controversy is thus 'officially brought before 'this "Legisla'
sure bythe act-of both parties, to-express their deliberate and deci-
ded condemnation of that State which resorts to violence and re-
sists all appeals to law.
It is the boast and pride of our country, that our government is
a government-of law and reason,'and not a-government of force; and
any State which refuses a legal adjudication of its controversies
with another State, and which puts itself'in an attitude of resist-
ance.and defiance of any attempt at such adjudication, is present-
ing an example which, if countenanced and followed by other
*States, must lead to the most fatal and disastrous -results.

The stability and permanence of the Union itself,-our continue,
ed enjoyment of a safe, wise and berieficentgovernment,-all our
hopes of rational and constitutional liberty, depend on a spirit. of
justice and forbearance and good faith between the different States;
and whenever differences arise, upon a peaceful, unconditional sub-
mission to the provisions of the Constitution.
The committee therefore offer for the consideration of this As-
sembly the accompanying resolutionss.
Per order of the Committee,
A. N. SKINNER, Chairman.
IN SENATE, June 13, 1845.-Accepted.
S N. L.. WHITE, Clerk.
HOUSE, OF REPRESENTATYVES, June 13, 1845,-Accepted.
JAS. H. HOLCOMB, Clerk.

By the Senate and House of Representatives in General Assembly
convened.
Resolved, That the deliberate determinationof a State to re-
fuse obedience to the judicial tribunals of the nation, in regard to
the constitutionality of her laws, affecting the people of other States,"
is a palpable and dangerous violation of the national compact.
Resolved, That any member of the confederacy wihch as,
sumes to violate at pleasure the rights- guaranteed to other States
or their citizens, or to impair these rights hy throwing-impediments
in the way of their legal vindicatiain," betrays a distrust of the rec-
titude of-her. own acts, and an unwillingness to submit to the de-
mands of justice, which justly exposes her to the. imputation. of a
dishonorable violation of the. public faith, inconsistent with- the
peace and safety of this Union.
Resolved, That the State of Connecticut views with profound
regret these differences between Massachusetts and South Carolina,
and that while she feels bound to condemn a course of proceedings
on the part of the latter which cuts off the only constitutional meafis
of redress,'she still hopes to see a spirit of modera ton and justice
prevail,ver popular excitement, and thatthese two ancient and pa- ..
triotic States;-which contended nobly together in the battles of the
Revolution and in.discussing the principles of civil liberty, will
peacefully submit their differences to the great tribunal of the Na-
tion, and devote their united wisdom and strength to the perpetua-
tion of the Unionwhich they so eminently contributed to establish.:
Resolved, That.His Excellency the Governor of this State be
requested to transmit a copy- of.these resolutions and the report
accompanying, to each of the Governors of the several' States and
Territories of this Union.
IN SENATE, June 13, 1845.-Passed.
N. L. WHITE, Clerk.
HOUE or REPRESENTATIVES, June 13, 1845.-Passed.
JAMES H. HOLCOMR, Clerk;

OFFICE OF SECRETARY OF STATE.
HARTFORD, June 21, 1845.
I hereby certify that the above is a true copy of record.
DANL. P. TYLER, Secretary of State.

Mr. Cotten moved that said message, and the documents accpn"
paying the same, be referred to a joint select committee of three,
that said message and documents be printed, and that the same be
sent to the Senate.
Mr. Long moved that said committee consist of five, which was
accepted by Mr. Cotten,
The-motion of Mr. Cotten wasthen carried,and Messrs. Cotten,
Long, Philips, Brown,-of Leon, ard Ferguson, were appointed said
committee.
The Senate transmitted to the House a bill to he entitled, An act
to repeal an act to provid the mode of punishment for certain offen,
ces at Key West, in the Southern Judicial District, originating in
the House, as having passed that body without amendment;
Ordered that the same be enrolled,.
Also the following bills :.
A bill to be entitled, An act respecting the Books and Maps be.
longing to this State;
A bill to be entitled, An Act fixing the salary of-Governor of this
State, and to authorize the appointment of a Governor's Secretary
and Clerk of the Executive Department, and for other purposes ;
A bill to be entitled, An Act to organize the Supreme-Court of the
State of Florida;
A resolution respecting the boundaries of this State;
A memorial to Congress respecting losses in the Seminole war ;
Which were severally ordered to be placed among the orders of
the day.
On motion of Mr. Long, the House took a recess till 3 o'clock,
P. M.

".8 o'cLoc, P.- x.
The House resumed, as in committee of the whole, the consider.
ation,of tlhe bill to be entitled, An act to raise a-Revenue for the
State of Florida, Mr. Kelly in the chair. After some time spent in
the consideration thereof, the committee rose, and by their chairman
reported progress, and asked leave to sit again;
Which,was concurred in.
On motion of Mr. Floyd, the House adjourned till to-morrow
morning, 9 o'clock.

57

FnIDAY, July 11th, 1845.

The House met pursuant to adjournment, and a quorum being press.
ent, after prayer by the Rev. Mr. Foster, the Journal of yesterday's
proceedings was read.
Mr. Fernandez, according to previous notice, introduced a bill
entitled, An Act to alter and change the name of Theodora Caroline
Trezvant.
Which was read the first time and laid on the table.
Mr. Allison moved that the petition of sundry citizens of Gadsden
County, relative to the establishment of a free bridge across the Ock.
lockonnee river, at or near the place known as Larkin's bridge, be
taken from the table.
The Speaker decided said motion was out of order.
Mr. Allison appealed from the decision of the Chair.
The yeas and nays being called for on the question, Shall the
decision of the Chair be sustained ?" by Messrs, Allison and Floyd,
were:
Yeas-Messrs. Alexander, Barkley, Branch, Brett, Brown, of Le.
on, Brown, of Monroe, Coleman, Cotten, Dell, Ellis, Ferguson, Fer.
nandez, Fontane, Forbes, Garrason, Gillis, Goff, Kelly, Loring, Mc,
Clellan, Myers, Neal, Newsom, Penn, Phillips, Riley, Smallwood,
Smith, Stewart, Stone, Tracey, Tweed, and Waring-38.
Nays-Messrs. Allison, Baldwig, Floyd, Hurst, Long, and Tay.
lor-G.
Yeas ,33, nays 6. So the decision of the Chair was sustained.
Mr. Tweed gave notice that .he would, on a future day, introduce
a bill entitled, An Act to amend an act entitled an act to authorize
Benjamin Marshal to establish a ferry across the Blackwater. river,
at the town of Milton.
Mr. Brown, of Leon, offered the following resolution:
Be it Resolved by the Senate and House of Representatives of the
Slate of Florida in General Assembly convened, That it shall be a
standing Rule of both Houses of the GeneralAssembly that no petition
or memorial, praying for any'act of incorporation, or any law chan.
going county sites or county lines, or for the creation of new' coun-
ties, or in 'elation to bridges, ferries, or highways, or asking for any
grant of a public nature, shall be received and. acted on by4tle Gen-
eral Assembly, without satisfactory evidence shall accompany the
said petition or memorial, that at least two months previous notice of
such intended application had been given in the county where the
same is intended to be located, by posting up notice thereof- at-least
at three public places in said county, or by publication in some news.
paper published in or near4the same.
Which was read the first time and placed among the orders of the
day.
Mr. Brown, of Leon, also introduced the following preamble and
resolution:
8

58

WEREEAs, the Constitution of this State prescribes, that" the
members of the House of Representatives shall be chosen by the.
qualified voters, and shall serve for the term of one year from the day
of the commencement of the general election, and no longer;" and
it further provides that the Representatives shall be chosen every
year, on the first Monday in the month of October, until otherwise
directed by law," and "the Governor, Representative in Congress,
and members of the General Assembly, shall enter upon the duties
of their respective offices immediately after their election, under- the
provisions of this Constitution, and shall continue in office in. the
same manner, and- during the same period they would have done, had
they been elected on the first Monday in October," And whereas,
some doubt exists as to the proper construction of the foregoing pro.
visions, and particularly as to the time for which the above named of-
ficers have been elected :
Be it therefore resolved, That this subject be referred to the Com.
mittee on the Judiciary, with instructions to make report thereon at
as early day as practicable.
Which were adopted.
Mr. Alexander, from the Committee on Enrolled Bills, reported
an act to repeal an act to provide the mode of punishment for certain
offences at Key West in the Southern Judicial District, as correctly
enrolled.
Mr. Cotten, from the joint select committee on the Library, made
the following report:
The joint select committee on the Library, have had the subject
under consideration, and the committee on the part of the House
beg leave to report a bill to be entitled, An act relating to the Library
of the State.
F. R. COTTEN, Chairman.
Which bill reported by the -committee was ordered to be placed
among the orders -of the day.
ORDERS OF THE DAY.
SThe House resumed, as in committee of the whole, the consider.
tion of a bill to be entitled An act to raise a Revenue for: the State
ofFlorida, Mr. Kelly in the chair, and after some time spent there.
in, the committee rose, and by their chairman reported progress, and
asked leave to sit:again at 3 o'clock, P. M.
Which was concurred in.
The following message was received from his Excellency the Gov.
ernor:
EXECUTIVE OFFICE,
Tallahassee, July 9, 1845.
Gentlemen of the Senate and
House of Representatives:
I transmit herewith the report of the Treasurer of the Territory of
Florida, showing a balance in its favor, as therein set forth, on the

59

23d of June last, of four hundred and forty-two dollars aiid seven
cents, ($442 07,) together with the Auditor's report to the same
time. I have the honor to be,
Your obedient servant,
W. D. MOSELEY.
On motion of Mr. Barkley, said message and accompanying docu-
ments were referred to the Committee on Finance and Public Ac-
counts.
The following message was also received from his Excellency the
Governor:
'EXECUTIVE OFFICE,
Tallahassee, July 11, 1845.
To the General Assembly: .
I have approved the act entitled, An act to repeal an act to provide
the mode of pushishment for certain offences at Key West in the
Southern Judicial District. "
I have the honor to be,
Very respectfully,
W. D. MOSELEY.
Mr. Tweed moved that the House adjourn till 4 o'clock, P. M.;
Which was lost.
On motion of Mr. Kelly, the House adjourned till 3 o'clock, P. M.

3 O'CLOCK, P. M.
The House resumed, as in committee of the whole, the considera-
tion of a bill to be entitled, An act to raise a Revenue for the State
of Florida, Mr. Kelly in the chair, and after some time spent therein,
the committee rose, and reported the bill back to the House with
sundry amendments;
Which was received.
The following communication was received from his Excellency
the Governor:
EXECUTIVE OFFICE,
Tallahassee, July 11, 1845. --.
To tihe:General Assembly of the State of Florida:
Having notified the Hon. David Levy and the Hon. James D. West.
cott, respectively of their election as the first Senators in the Con-
gress of the United States for the State of Florida, I have received
in reply the letters, copies of which are enclosed herewith, by which
it will appear that both of these gentlemen have accepted the trust
assigned them: and that Mr. Levy has vacated' the office of Repre.
sentative in the 29th Congress of the United States from this State,
to which he was elected by the people of this State, at the general
election on the 26th of May lait, under thel provisions of clause 5th
of article 17th of the Constitution of this State, entitled "schedule
and ordinance."
By a reference to section 4th of article let of the Constitution of

GO

the United States, it is provided that the times, places, and manner of
holding elections for Senators and Representatives shall be prescribed
in each State by the Legislature thereof; but the Congress may at
any time by law make or alter such regulations, except as to the
places of choosing Senators."
I learn that serious doubts have been entertained, whether, under
this clause of the Federal Constitution, the election of a Represen-
tative in Congress in May last, in virtue of the direction of the Con-
stitutional Convention of the State of Florida, and not by the Legis.
lature thereof, and before the State Legislature had convened or could
convene, was valid. The act of the Territorial Legislature, author-
izing that election, gave it no additional sanction. I am, however, in-
clined to the opinion, that the election was consistent with the Fed.
eral constitution, upon the ground that the whole sovereignty of the
people of this State, and the entire powers of government, legisla.
:ive" as well as all others, were possessed by the convention. But I
confess the argument that the terms of the federal constitution, the
"Legislature," are specific, are employed to point out the separate
branch of the State government, to which the power and duty of
prescribing the "times, places, and manner of holding the election
for senators and representatives," as assigned by the federal com.
pact, is not without force. In the election of Senators to Congress
on the 2d inst. by the General Assembly, I conceive that the require.
ments of the federal constitution were complied with, in the adoption
of the joint resolution of the General Assembly appointing the time
and place, and the adoption of joint rules prescribing the manner of
election.
The resignation of Mr. Levy of the post of Representative, has
however obviated all difficulty which might have arisen as to the
validity of the election in May ; and it is now the duty of the Legis.
lature to prescribe the time, place and manner of holding the election
of his successor in the 29th Congress of the United States-the term
of which, for two years, commenced on the 4th of March last. I
would respectfully recommend that the law on this subject should be
general and permanent, providing for all future elections for Repre.
tentative in Congress, as well as for this vacancy as any other which
may occur. I would also further suggest, that as the term of Repre.
tentative in Congress always commences on the 4th of March, if the
election is not held previous to the commencement of the term, it is
advisable they should be so held as soon as practicable thereafter, as
otherwise in a case of called session in the spring, when the term
Commences, the State would be unrepresented at Washington, except
by her Senators. The Legislature should also provide by law for the
filling of any vacancy as to either of the Senatorships from the State,
during the recess of the session of the General Assembly.
I have the honor to be,
Very respectfully,
Your obedient servant,
"W. D. MOSELEY.

61

TALLAHASSEE, July 11th, 1845.
Sir: I have the honor to advise you of my acceptance of the trust
of Senator in the Congress of the United States from the State of
Florida, tendered me by the General Assembly of this State, by the
election of which you have notified me.
I am deeply impressed with the weight of the responsibilities I as.
Sume by this acceptance. I will not conceal that I am proud of this
testimonial of the confidence reposed in me by the chosen Constitu.
tional agents of the People of Florida. I trust I have proper feelings
of gratitude for the distinction thus bestowed upon me under circum-
stances that enhance its ordinary value.
Bound for years past to Florida, by ties and associations indissolu-
ble while I exist, it is my loftiest ambition, and my most cherished
hope, that, by faithful devotion at the post assigned me, not merely to
the fulfilment of those duties which as a member of the Legislatur
of the Confederacy, I shall owe to our common country; but to t
maintenance of the rights, the redress of the wrongs, protection of the in.
terests arid preservation of the honor of the State of Florida, I may
under Providence, be enabled to make some return, (however inade%
quate,) for the favors I have received at the hands of her citizens.
Very respectfully,
Your obedient servant,
JAMES D. WE*TCOTT, Jr.
His Excellency Governor MOSELSY.

TALLAHASSEE, July 8, 1845.
Sni: I hereby make known to you my vacation of the office, of
Representative in Congress fiom this State.
Invited by the will of the constituted representatives of the People
to a service in the Senatorial branch of Congress, and believing af.
ter full reflection, that by this change of position there I shall be
enabled to promote, with more efficiency, to the extent of my hum.
ble abilities, the interests of our cherished State, I have coiicluded
to accept the distinguished trust which has been tendered, : i thus '
determining. I regard the relation which has so long united rie with
the people of Florida as not only remaining uninterrupted, but aS
being still further strengthened by the increased gratitude which
this new mark of theii favor and confidence inspires. To prove
myself by unremitted exertions in the public service if not wholly
worthy, at least sincerely sensible of the generous liindnesis f my
fellow-citizens in conferring upon me, through their constitutional
agents, this last proud distinction, shall be my constant effort.
I am with high respect,
Your obedient servant,
D. LEVY.
His Excellency W. D. MOSELEY,
Governor of Florida.

62

On motion of Mr. Baldwin, said message and the-.accompanying
documents.were referred to the Committee on Elections.
The Senate transmitted to the House the following bills:
A bill to be entitled, An act to fix the Compensation of Members
of the General Assembly of this State ;
A bill to be entitled, An act to organize the Office of Secretary of
State ;
A bill to be entitled, An act to organize the Office of Attorney
General of the State of Florida;
Which were ordered to be placed among the orders of the day..
A.bill to be entitled, An act to change the county site of Orange
county, was read a third time, and put upon its passage.
The vote on the passage of said bill was as follows:
Yeas-Messrs. Allison, Alexander, Baldwin, Barkley, Branch,
Brett, Brown, of Leon, Coleman, Dell, Ellis, Ferguson, Fernandez,
" ntane, Forbes, Garrason, Gillis, Goff, Hurst, Long, Loring, Mc-
ellan, Myers, Neal, Newsom, Penn, Philips, Riley, Smith, Stew-
"art, Stone, Tracey, Tweed, Waring and Mr. Speaker-34.
SNays-Mr. Smallwood-1.
Yeas34--nays 1 ; so the bill passed. Title as stated.
Ordered that the same be certified to the Senate.
On motion of Mr. Brown, of Leon, the House adjourned till to-
morrow morning, 9 o'clock.

SATURDAY, July 12, 1845.

'The House met pursuant to adjournment, a quorum being present,
after prayer by the Rev. Mr. Foster, the Journal of yesterday's pro.
ceedings was read.
On motion of Mr. Loring, Mr. Dummitt was allowed to record his
vote on the passage of a bill to be entitled an act to change the Coun-
ty site of Orange County, passed on yesterday-and accordingly his
vote was recorded in the affirmative.
Mr. Newsom moved that the vote on yesterday sustainiig- the
Chair in deciding the motion made by Mr. Allison-to take frm the
table the petition of sundry citizens of Gadsden county in relation to
a free bridge across the Oclockonee river, be reconsidered.
Which was lost.
Mr. Stewart offered the following resolution:
Resolved, That this House, the Senate concurring, proceed to the
election of the Judges of the several Districts of this State, and Soli-
citors, on Tuesday next.
Which was read the first time.
Mr Brett moved that the rule be waived, the resolution read the
the second and. third time, and put upon its adoption.
Which was lost.

63

Ordered, That said resolution be placed among the orders of the
day.
ORDERS OF THE DAY.

A bill to be entitled, An act to raise a revenue for the State of
Florida,
Came up on a second reading.
Mr. Smith offered the following as an amendment to the second
section of said bill, a tax of six mills upon first rate land, four mills
on the second rate, and two mills on the third rate."
The yeas and nays being called for on said amendment by Messrs.
Smith and Loring, were,
Yeas-Messrs. Cotten, Dell, Fernandez, Fqntane, Garrason, Lo.
ring, McClellan, Neal, Phillips,.and Smith-10.
Nays-Messrs. Allison, Alexander, Baldwin, Barkley, Branch,
Brett, Brown, of Leon, Brown, of Monroe, Coleman, Dummett, Eli,
lis, Fergus6n, Forbes, Gillis, Goff, Hurst, Long, Newsom, Penn, Ri.
ley, Smallwood, Stewart, Stone, Taylor, Tracey, Tweed, Waring,
and Mr. Speaker-28.
Yeas 10, nays 28. So the motion was lost.
-Mr. Long offered the following, as an amendment'to the second
second section, at the end thereof:
And upon all fourth-rate land there shill be'sisessed and collect.
ed a tax of (one-eighth) of a cent upon each and every acre."
The yeas and nays being called for on the adoption of said amend-
mnent by Messrs. Long and Smith, were:
Yeas-Messrs. Brown, of Leon, Coleman, Cotten, Ferguson,
Fontane, Forbes, Garrason, Long, Loring, Smith, Stone, Tracey,
and Tweed-13.
Nays-Messrs. Allison, Alexander, Baldwin, Barkley, Branch,
Brett, Brown, of Monroe, Dell, IDumm6et Ellis, Ferguson, Gillis,
Goff, Hurst, McClellan, Neal, Newsom, Penn, Phillips, Riley, Small.
wood, Stewart, Taylor, Waring, and Mr. Speaker-25.
Yeas 13, nays 25. So the same was lost.
Mr. Smith offered the following as a.substitute to the third section .-,
of said bill:
"v That upon all lots and improvements thereon, in any town, ville,
or city, in this State, there shall be assessed and collected a tax at
the rate of per centum upon the appraisement
thereof."
The yeas and nays being called for on the adoption of said sub.
stitute by Messrs. Smith and'Fernandez, were :
Yeas-Messrs. Branch, Brown, of Monroe, Cotten, Dummett,
Fernandez, Fontane, Forbes, Hurst, Long, Loring, Penn, Philips,
Smith, Stone and Tracey-15.
Nays-Messrs. Alexander, Baldwin, Barkley, Brett, Brown, of
Leon, Coleman, Dell, Ellis, Goff, McClellan, Neal, Newsom, Small.
wood, Taylor, Tweed, Waring and Mr. Speaker-21.

64

Yeas 15-nays 21; so-the same was rejected.
Mr. Ferguson offered as a substitute for the third section of said
bill,
"1 That upon all lots within-the limits of any town; ville, or city in
this State, there shall be assessed and collected a tax of 20 cents up.
on every hundred dollars value thereof, exclusive of the improvements
thereon; upon all store houses, ware houses, and wharves, within
any town, ville or city, the sum of 20 cents upon every hundred -dol.
lars value thereof, and upon all other improvements in any town,
city, or ville, rented, the sum of 20 cents upon every hundred dollars
value thereof."
The yeas and nays being called for upon the adoption of said sub.
stitute, by Messrs. Ferguson and Smallwood, were:
Yeas-Messrs. Alexander, Barkley, Branch, Brown, of Leoh,
Coleman, Ferguson, Gillis, Gofi; Hurst, Myers, Neal, Riley, Small.
wood, Stewart, Taylor, Tracey and' Waring-17.
.'4P Nays-Messrs. Allison, Baldwin, Brett, Brown, of Monroe, Cot,
ten, Dell, Dummett, Ellis, Fernandez, Fontane, Forbes, Gariason,
Long, Loring, McClellan, Newsom, Penn, Philips, Smith, Stone,
Tweed and Mr. Speaker-22.
Yeas 18-nays 21; so the same was rejected.
Mr. Coleman moved that the word '' ten" in the fourth line of the
third section be stricken out, and the word "twenty" inserted in lieu
-thereof. i .':
The yeas and nays being called for on said motion by Messrs. Fer.
guson and Smallwood, were-:
Yeas-Messrs. Branch, Coleman, Cotten, Ferguson, Forbes, Goff,
Hurst, Myers, Neal, Penn, Smallwood, Stewart, Stone, Tracey and
Waring-15.
"'Nays-Messrs. Allison, Alexander, Baldwin, Barkley, Brett,
Brown, of Leon, Brown, of Monroe, Dell, Dummett, Ellis, Fernan.
dez, Fontane, Garrasohnd-Gillis, Long, Loring, McClellan, Newsom,
Phillips, Riley, Sniith, Taylor, Tweed, and Mr. Speaker-24.
Yeas 15, nays 24- So the same was lost
Mr. Long moved to.strike out twenty," in the second line of the
-' -third section, and insert "ten."
"'Thai yeas and nays being called for on said motion by Messrs.
Long and Ferguson, were:
Yeas-Messrs. Barkley, Celeman, Cotten, Dummett, Fernandez,
Fontane, Forbes, Gillis, Long, Loring, Neal, Penn, Stewart, and
Tracey-14.
Nays-Messrs. Allison, Alexander, Branch, Brett, Brown, of Le.
on, Brown, of Monroe, Dell, Ellis, Ferguson, Garrason, Goff, Hurst,
McClellan, Myers, Newsom, Phillips, Riley, Smallwood, Smith,
Stone, Taylor, Tweed, Waring, and Mr. Speaker-24.
Yeas 14, nays 24. So the same was lost.
Mr. Allison moved to strike out twenty," in the second line of the
third section, for the purpose of inserting fifteen."

65

The yeas and nays being called for,on said motion by Messrs. Al,
lison and Long, were:
Yeas-Messrs. Allison, Brown, of Monroe, Cotten, Fontane,
Forbes, Gillis, Gaff, Long, Loring, Neal, Penn, and Tracey-12.
Nays-Messrs. Alexander, Barkley, Branch, Brett, Brown, of Lei
on, Coleman, Dell, Dummett, Ellis, Ferguson, Fernandez, Garrason
Hurst, McClellan,- Myers, Newsom, Phillips, Riley, Smallwood,
Smith, Stewart, Stone, Taylor, Tweed, Waring, and Mr, Speaker-.
26.
Yeas 12, nays 26. So the same was lost.
Mr. Brown, of Leon, introduced the following as an amendment
to said third section, at the-end thereof:
And on every wharf rented out, or for which fees are received
for wharfage, twenty cents on every hundred dollars' valuation
thereof."
Which was adopted.
Mr. Brett moved the word fifty," in the first line in the fourth
section, be stricken out, and "thirty be inserted in lien thereof.
Which was lost.
Mr. Long moved to strike out fifty" in, the first line of the fourth
section, and insert "thirty-seven and a half."
The yeas and nays being called for on said mtionby Messrs,
Long and Dummett, were
Yeas-Messrs. Allison, Barkley, Cotten, Dell, Dummett, Ellis,
Fernandez, Fontane, Gartason,. Gillis, Goff, Long, Loring, McClel.
lan, Neal, Penn, Phillips, Smith, Stewart, and Tracey-20.
Nays-Messrs, Alexanider, Baldwin, Branch, Brett, Brown, of
Leon, Blown, of Monroe, Cbleman, Ferguson, Forbes, Hurst, Myers,
Newsom, Riley, Smallwood, Stone, Taylor,.Tweed, Waring, and
1Mr. Speaker-19.
Yeas 20, nays 19. So the motion was carried.
Mr. Smith moved after'the word '"slave," in the firstline-of the
fourth section, to insert between the ages of 12 and 60 years."
The yeas and nays' being called for on said motion by Messrs.
Smith and Dummett, were:
Yeas-.-Messrs. Barkley, Cotten, Fernandez, Fontane, Loig, Lor.
.ing, Phillips, Smith, and Tracey--9..
Nays-Messrs. Allison, Alexander, Baldwin, Branch, Brett,
Brown, of Leon, Brown, of Monroe, Coleman, D0ll, Dummett, Ellis,
Ferguson, Forbes, Garfason, Gillis,.GoffI Hurst, McClellan, Myers,
Neal, Newsom, Penn, Riley, Smallwood, Stewart, Stone, Taylbr,
Tweed, Waring, and Mr. Speaker-30.
Yeas 9, nays 30. So the motion was lost.
Mfr. Smallwood offered to insert after the words be it further en-
acted," in the first line of the fourth section, the following as an
amendment thereto:
Upon every white male inhabitant between the ages of twenty-
one and forty-five years there shall be assessed and collected a tax of
twenty.five cents each,
8

66

M. Branch offered the follring as an amendment to said amend-
ment :
Provided that the Board of County Commissioners be authorized
to exempt from the payment of such tax, such free white person as
they may think proper objects."
Which was accepted by Mr. Smallwood..
The yeas and nays being called for on the adoption ofsaid amend.
ment, as amended, by Ihessrs. Smallwood and McClellan, were :
Yeas-Mlessrs. Branch, Gillis, Neal, Riley, Smallwood, Tweed
and Waring-7.
Nays-Messrs. Allison, Alexander, Baldwin, Barkley, Brett,
Brown of Leon, Brown of Monroe, Coleman, Dell, Dummett, Ellis,
Ferguson, Fernandez, Floyd, Fontane, Forbes, Garrason, Goff,
Hurst, Long, Loring, McClellari, Myers, Newsom, Penn, Philips,
Smith, Stewart, Stone, Taylor, Tracey and Mr. Speaker-32.
Yeas 7-nays 32; so the same was rejected.
Mr. Fernandez offered the following as an amendment to the 4th
section, at the end thereof:
Upon every Lawyer and Physician, there shall be assessed and
collected a tak of ten dollars."
Mr. Allison moved to amend' by striking out Physician" in the
amendment offered by Mr. Fernandez.
Mr. Floyd offered Ihe following as a substitute for the amendment
offered by Mr. Fernandez, and the amendment to said amendment,
viz : -
Upon all Lawyers and Physicians, the sum of 20 cents on every
hundred dollars of their actual fees received."
Which was received.
The question then being upon the adoption of the substitute, was
carried in the negative.
Mr. Allison moved that" three" be stricken out in the third line,
in the 4th section, and "four" be inserted in lieu thereof.
Mr. Smith, offered the following as a substitute therefore, to be in.
serted after the word cents" in tthe second line of the fourth section,
viz:
And upon every free person of color, between the ages of 20 and
60 years, there shall. be assessed and: collected a tax of one dollar
and fifty cents."
Which was rejected.
The question then was upon the motion by Mr. Allison ;
The yeas and nays being called for on the same by Messrs. Alli.
son and Floyd, .were :
Yeas-Messrs. Allison, Floyd, Myers and Neal-4.
Nays-Messrs. Alexander, Baldwin, Barkley, Branch,. Brett,
Brown, of Leon, Brown, of Monroe, Coleman, Cotten, Dell, Dum.
mett, Ellis, Ferguson, Fernandez, Fontane, Forbes, Garrason, Gillis,
Hurst, Long, Loring, McClellan, Newsom, Pern, Philips, Small-
wood, Smith, Stewart, Stone, Taylor, Tracey, Tweed, Waring and
Mr. Speaker-34.

Yeas 4-nays 84 ; so the same was lost.
Mr. Allison moved to strike out "20" in-the second line of the 5th
section, and insert 1: ;"
Which was lost.
Mr. Baldwin-moved to strike ott "2W" in the second line of tle
fifth section, and insert 15".
The yeas and nays being called for on said motion by Messrs.
Baldwin and McClellan, were
Yeas-Messis Allison, Baldwin, Brown of Mlonroe, Cotten, Dell,
Forbes, Loring, Phillips, Smallwood, Tracey and Mr. Speaker-11.
Nays-Messrs. Alexander, Barkley, Branch, Brett, Brown ofLeon,
Coleman, Ellis, Ferguson, Fernandez, Floyd,.Fontane, Garrason, Gil-
lis, Goff, Hurst, Long, McClellan, Myers,: Newsom, Penn, Riley,
Smith, Stewart, Stone, Taylor, Tweed and Waring-2r7.
Yeas--11; Nays-27; so the same was lost.
Mr. Floyd moved to insert' after 1844" in the fifth line of the
fifth section, "that-cotton shallbe exempt from taxation in this state,"
as an amendment'to said section.
Mr. Allison'offered the following as a substitute for said amend-
Tnent, viz :
Provided that all produce brought from the adjoining states and
'sold, be exempt from taxation."
Mr. Brown of Leon offered the 'following as a sibtitute for the
amendment by Mr. Floyd and the substitute by Mr;. Allison, viz :
Provided, that nothing herein contained shall be so construed
as to subject cottonto taxation."
Which being accepted by Mr. Floyd, the question then was upon
"the reception of the substitute by Mr. Allison, and the yeas and nays
,being called for by Messrs. Allison and Floyd, were:
Yeas-Messrs. Allison and'Cotten-2.
Nays-Messrs. Alexander, Baldwin,- Barkley, Branch, Brett,
Brown, of Leon, Brown, of Monroe, 'Coleman, Dell; Ellis, Ferguson,
Fernandez, Floyd, Fontane, Forbes, Garrason, 'Gillis; Goff, Hurst,
Long, Loring, McClellan, Myers, Neal, Newsom, Penn, Phillips
"Riley, Smallwood, Smith, Stone, Taylor, 'Tracey, Tweed, Waring
'and Mr. Speaker-36.
Yeas-2, nays 36. So the substitute was rejected.
The question then was upon the adoption of the substitute offered
by Mr. Brown, of Leon, accepted by Mr. Floyd, and the yeas and
nays being called for on the same by Messrs. Baldwin and Smith,
'were :
Yeas-Messrs. Allison, Alexander,BFarkley, Branch, Brett, Brown
of Leon, Coleman, Cotten, Dell, Ellis, Ferguson, Fernandez, Floyd,.
"Forbes,- Garrason, Gillis, Goff, Hurst, Loring, McClellan, Myers,
.Neal, Newsom, Penn, Philips, Riley, Smallwood, Smith, Stone, Tay-
ior, Tracey, Tweed and.Waring--33.
Nays-Messrs. Baldwin, Fontane, and Mr. Speaker-s.
"Yeas 33-nays 3 ; so the same was adopted.

68

Mr. Penn moved that the word "thirty" in the seventh line of the
5th section be stricken out, and fifty" inserted in lieu thereof.
The yeas and nays being.called foron said motion by Messrs,
Coleman and Floyd, were:
Yeas-Messrs. Fernandez, Goff, Penn, Philips, Stone and Mr.
Speaker-6..
Nays-Messrs. Allison, Alexander, Baldwin, Barkley, Brett,
Brown, of Leon, Brown, ofMonroe, Coleman, Cotteh, Dell, Dum%
tnett, Ellis, Fergusoh, Floyd, Fontane, Forbes; Garrason, Gillis,
Hurst, Long, Loring, McClellan, Myers, Neal, Nevsom, Riley,
Smallwood, Smith, Taylor, Tracey, Tweed and Waring-33.
Yeas 6-nays 33.; so the same was lost.
Mr. Allison moved to strike out thirty" in the 7th line of the 5th
Section, and insert twenty" in lieu thereof.
The yeas and naysbeing called for on said motion by Messrs.
Allison and Loring, were:
Yeas--Messrs. Allison, Coleman, Cotten, Dummett, Ellis, Fergu.
son, Fontane, Long and Loring-9.-.
Nays-Messrs. Alexander, Baldwin, Barkley, Branch, Brett,
Brown, of Leon, Brown, of Monroe, Dell, Fernandez, Floyd, Forbes
Garrason, Gillis, Goff, Hurst, McClellan, Myers, Neal, Newsom,
Penn, Philips,,Riley,. Smallwood, Smith, Stone, Taylor, Tracey
Tweed, Waring and Mr. Speaker-30.
Yeas 9, nays-30. So the same was lost.
Mr. Baldwin moved to strike out 40" in the 8th line of the 5th
section after the word ".off" and insert 20" in lieu thereot.
The yeas and nays being called for on said motion by Messrsi
Baldwin and Loring, were:
Yeas-Messrs. Alexander, Baldwin, Brown, of- Leon, Brown, of
Monroe, Coleman, Cotten, Fontane, Loring, Myers, Riley, Smithj
Tweed, and Mr. Speaker--13.
Nays-Messrs. Allison, Barkley, Branch, Brett, Dell, Dummett)
Ellis, Fernandez, Floyd, Forbes, Garrason, Gillis, Goff, Hurst, Long,
McClellan, Neal, Newsom, Penn,.Phillips, Stewart, Stone, Taylor
Tracey, and Waring-25.
-Yeas 13, nays 25. So the same was lost.
Mr. Long moved to strike out "40"in the 8th line of the 5th sec.
tion.
The yeas and nays being called for on said motion by Messrs,
-Baldwin and Myers, were :
Yeas-Messrs. Alexander, Baldwin, Brown, of Leon, Brown, of
Monroe, Coleman, Cotten, Fontane, Long, Loring, Myers, Riley,
Smith, Tweed, and Mr. Speaker-14.
Nays-Messrs. Allison, Barkley, Branch, Brett, Dell, Dummett)
Ellis, Ferguson, Fernandez, Floyd, Forbes, Garrason, Gillis, Goff,
Hurst, McClellan, Neal, Newsom, Penn, Phillips, Smallwood, Stews
art, Stone, Taylor, Tracey, and Waring-26B
Yeas 14, nays 26. So the same was lost>

69

Mir. Allison moved to insert after the word "tables," int the 7th
line of the 5th section, the words "actually in use."
The yeas and nays being called for on said motion, by llessrs&
Coleman and Baldwin, were :
Yeas-Messrs. Allison, Branch, Coleman, Cotten, Ferguson,
Long, Loring, Myers, Penn, Smallwood, Smith and Waring-12.
Nays-Messrs. Alexander, Baldwin, Barkley, Brett, Brown, of
Leon, Brown, of lfonroe, Dell, Dummett, Ellis, Fernandez, Floyd,
Fontane, Forbes, Garrason, Gillis, Goff, Hurst, MfcClellan, Neal,
Newsom, Philips, Riley, Stewart, Stone, Taylor, Tracey, Tweed and
Mr. Speaker---28.
Yeas 12-nays 28; so the same was lost.
On motion of Mr. Ferguson, the House took a recess till 3 o'clock,
P.M. ,

3 O'CLOCK, P. A.
The House resumed the consideration of the bill "to be entitled,
An :act to raise a Revenue for the State of Florida.
Mr. Baldwin offered as an amendment to said 5th section of said
bill, to insert after the words by them" in the 11th line thereof:
"- Upon all Lawyers and Physicians, of one year's.-standing and
upwards, the sum often dollars."
Mr. Floyd offered the following as a substitute for said amend
nent, viz :
Upon all Lawyers and Doctors, a tax of 20 cents upon each and
-every hundred dollars of the amount of fees received by them."
Mr. Allison offered the following as a substitute for the substitute,
viz :
Upon each and every practising Lawyer) there shall be assessed
a tax of five dollars per annum.,'
Which was rejected.
The question then being upon the reception of the substitute offer.
ed by Mr. Floyd, was carried'in the negative.
On the adoption of the amendment offered by Mr. Baldwin, the
yeas and naysbeing called for by Messrs. Baldwin and Fernandez,
were:
Yeas-Messrs. Baldwin, Brown of Monroe, Duinmett, Fernandez,
Fontane, Long, Loring and Philips-8.
-Nays-Messrs. Allison, Alexander, Barkley, Branch, Brett, Brown
of Leon, Coleman, Gotten, Dell, Floyd, Forbes, Garrason, Gillis,
Goff, McClellan, Myers, Newsom, Neal, Penn, Smallwood, Smith,
Stone, Tracey,. Waring and Mr. Speaker--25.
Yeas 8---nays 25 ; so the same was lost.
Mr. Floyd moved to strike out one hundred dollars' in the 5th
section, which was lost.
Mr, Long offered the following as an amendment to the 5th sec-

tion, to be inserted after the words per cent" in the eleventh line
of the 5th section, viz:
Upon all gold and silver watches, a tax at the rate of 20 cents on
every hundred dollars value thereof; upon all metal clocks, and
"clocks notmetal, a tax at the rate of 20 cents on every hundred dol.
lars value thereof."
Mr. Allison offered the following as a substitute for'the amendment
by Mr. Long, viz :
"Upon each and every gold watch one-dollar, and upon each and
every silver watch fifty cents."
The' yeas and nays being called for on the reception of said sub-
stitute, by Messrs. Allison and Smallwood, were ;
Yeas-Messrs. -Allison and Long-2.
Nays-Messrs. Alexander,. Baldwin, Barkley, Branch, Brett,
Brown of Leon, Brown of Monroe, Coleman, Cotten, Dell, Dum.
mnett, Ellis, Ferguson, Fernandez, Floyd, Fontane, Forbes, Garrason,
.Gillis, Goff, Loring, McClellan, Myers, Neal, Newsom, Penn, Phil.
ips, Smallwood, Smith, Stone, Tracey, Waring and Mr. 'Speaker-
33.
Yeas 2-nays 33; so the same. was rejected.
Mr. Allison moved the question on Mr. Long's amendment be di,
vided, which was carried. .
The question then was on the first division ofsaid-amendment, viz :
"Upon allgold and silver watches, a tax at the rate of 20 cents on
every hundred dollars value thereof," and the yeas and nays being
called for by Messrs. Long and Baldwin, were :
Yeas-Messrs. Allison, Baldwin, Floyd, Gillis, Long,Penn, Stone
and Tracey-8.
Nays-Messrs. Alexander, Barkley, Branch, Brett, Brown of Leon
1Brown of Monroe, Coleman, Cotton, Dell, Dummett, Ellis, Fergusoa
Fernandez, Fontane, Forbes, Garrason, Goff, Loring, McClellan,
Myers, Neal,.Newsom, Philips, Smallwood,- Smith, Waring and Mr.
Speaker-27. :7
Yeas 8-Nays 27. So the same was lost.
S The question on the second division of said amendment, viz: "Upon
,ill metal clocks and clocks not metal, a tax at the rate of 20 cents on
-every hundred dollars value thereof," was then put and lost.
Mr. Smallwood moved to insert after "one hundred dollars," the
following as an amendment to said ifth section, viz :
"As a license, which shall be obtained from the Clerk of the Cir.
cuit Court before opening such shop or store, and in case of neglect
,or refusal to obtain such license such person or persons shall forfeit
-and pay the sum of $200, to be collected by the Sheriffof the County
where such shop or store shall be opened."
- Which was lost.
Mr. Baldwin moved to strike out 20" in the 11th line of the 5th
"section after the words "tax of".
The yeas and nays being called for on said motion by Messrs.
Baldwini and Brown offoanroe, were,

71

Yeas-Messrs. Allison, Baldwin, Cotton, Forbes, Gillis, Long, Lo-
ring ahd Smith-8.
Nays-Messrs. Alexander, Barkley, Branch, Brett, Brown of Leon
Brown of Monroe, Coleman, Dell, Dummitt, Ellis, Ferguson, Fer-
nandez, Floyd, Fontane, Garrason, Goff, McClellan, Myers, Neal,
Newsom, Penn, Philips, Riley, Smallwood, Stone, Tracey, Tweed,
Waring and Mr. Speaker-29.
Yeas 8-Nays 29. So the same was lost.
Mr. Long moved to strike out value" in the thirteenth line of the
fifth section ; which was lost.
Mr. Ferguson moved the house adjourned till Monday morning 9
o'clock; which was lost.
Mr. Baldwin moved to strike out the fifth section, which not being
seconded, the question was not put.
Mr. Alexander offered the following in lieu of that part of the-fifth
section, as relates to Itinerant Traders, and as an amendment to
said fifth section, viz:
"Upon each and every Itineant Trader, who shall offer for sale
any goods wares or merchandise in any county of this State, the sum
of one hundred dollars (or such county as he may so offer to sell in,
and a license so to sell shall first be obtained from the sheriff of the
county, or clerk of the circuit court, and in case of failure so to do,
they shall be liable to double tax, to be collected in a summary man,
her before any court having jurisdiction of the same."
Which was adopted; so much of said fifth section as relates to
Itinerant Traders, having been first stricken out.
Mr. Long moved to strike out "four wheel" "and air two wheel
pleasure carriages and sulk'es," and insert after marriages," and
harness," and after the word "tax," at the rate," in the sixthssec.
tion of said bill, so that the section would then read-" That upon
all pleasure carriages and harness, there shall be assessed and col-
lected a tax, at the rate of fifty cents on every hundred dollars val.
uation-thereof."
Which was lost.
Mr. Allison moved to strike out "50" after the words "tax of" in
the second line of the si4jhiection.
Which was lost.
Mr. Gillis moved. to strike out 100" in the second line of the-sev.
enth section and insert "25" in;lieu thereof-
Which was lost.
Mr. Floyd offered the following ag an amendment to said seventh
section, at the end thereof:
And that taxable property to the amount of two- hundred and fifty
dollars, belonging to each and every individual of the State, be and
the same is hereby exempt from taxation."
The yeas and nays being called for on the adoption of said amend.
ment by Messrs. Floyd and Long, were :
'Yeas-Messrs. Baldwin, Brown, of Monroe, Fernandez, Floyd,
Gillis, Long, Loring, Smith, Stone and Tracey-10.

"72

Nays-Messrs. Allison, Alexander, Barkley, Branch, Brett, Brown
of Leon, Coleman, Dell, Dummett, Ellis, Ferguson, Fontane, Forbes,
Garrason, Goff, McClellan, Myers, Neal, Newsom, Penn, Phillips,
Riley, Smallwood, Stewart, Tweed, Waring and Mr. Speaker-27,
Yeas 10, nays 27. So the same *as lost,
Mr. Floyd moved the House adjourn till 9 o'clock Monday morn,
ing.
The yeas and nays being called for on said motion by Messrs. Fer.
nandez and Loring, were;
Yeas-Messrs. Alexander, Baldwin, Barkley, Branch, Brown, of
Leon, Brown, of Monroe, Ferguson, Floyd, Long, Neal, Penn, Riley,
and Mr. Speaker-13.
Nays-Messrs. Allison, Brett, Coleman, Dell, Dummett, Ellis, Fer-
nandez, Fontane, Forbes, Garrason, Gillis, Goff, Loring, McClellan,
Myers, Newsom,Phillips, Smallwood, Smith, Stewart, Stone, Tracey,
Tweed and- Waring-24., .
Yeas 13, nays 24. So the same was lost.
Mr. Baldwin moved a call of the House, which being objected to,
the question was put whether a call of the House should be had, and
was decided in the negative,
Mr. Long moved to amend the seventh section, by inserting be,
tween the words '" tax and of," in the second line, the words at
the rate."
The.yeas and nays being called for on said motion by -Messrs. Long
and Baldwin, were:
Yeas-J-essrs. Allison, Alexander, Baldwin, Barkley, Branch,
Brown, of Leon, Brown, of Monroe, Colemiani, Dummett, Ferguson,
Fernandez, Floyd, Forbes, -Gillis, Goff, Long, Myers, Neal, Penn,
Phillips, Riley, Smallwood, Smith; Tweed, and Waring--25.
Nays-M-essrs. Brett, Dell, Ellis, Fontane, Garrason, Loring,
McClellan, Newsom, Stewart, Stone, Tracey, and Mr. Speaker-12,
Yeas 25, nays 12. So the same was carried,
-Mr. Dell moved to strike out the wholb of the seventh section,
The yeas and nays being called for on -said motion by Messsrs.
Dell and McClellani, were
Yeas-Messrs. Brett, Dell, Perguson,:,Foyd, Fontane, Goff, Lor.
ing, McClellan, Neal, Penn, Smith, Ste-wart, Stone and Tracey-14.
Nays-Messrs.- Allison, .AlexanderBaldwvin, Barkley, Branch,
Brown if Leon, Brown of Monroe, Coleman, Dummett, Ellis, Fer,
nandez, Forbes, Garrasdn,-Gillis, Long, Myers, Newsom, Phillips,
Riley, Smallwood, Tweed, Waring, and Mr. Speaker-23.
Yeas 14, nays23. So the same was lost.
-Mr. Floyd moved'to strike -out the eigth section of said bill,
Which was carried,
Mr. Brown, of Leon, moved the House adjourn till Monday morn,
ing, 10 o'clock.
The yeas and nays b6ing called for on said motion by Messrs. Fer-
pandez and Fontane, were;

73

Yeas-Messrs. Alexander, Baldwin,.Barkly,Branch, Brett, Brown,
of Leon, Brown, of Monroe, Ferguson, Floyd, Garrason, Long, Nea,
Newsom, Penn, Riley, Smallwood, Tweed and Mr. Speaker-18.
Nays-Messrs. Allison, Coleman, Dell, Dummett, Ellis,'Fernan-
dez, Fontane, Forbes, Gillis, Goff, Loring, McClellan, Myers, Philips,
Smith, Stewart, Stone, Tracey and Waring-19.
Yeas 18-nays 19 ; so the same was lost.
Mr. Fernandez moved the bill under consideration, viz: A bill
to be entitled, An actto raise a Revenue for the State of Florida," be
indefinitely postponed.
On motion of Mr. Floyd, a call of the House was had, and the fol-
lowing members noted as absentees, viz: Messrs. Cotten, Hurst,
Kelly and Taylor.
On motion of Mr. Brown of Leon, the proceedings consequent up.
on a call of the House were dispensed with.
Mr. Branch-moved the House adjourn till Monday morning, ten
o'clock.
The yeas and nays being called for on said motion by Messrs. For.
nandez and Smith, were -
Yeas-Messrs. Alexander,- Baldwin, Barkley, Branch, Brett,
Brown of Leon, Brown of Monroe,.Ferguson, Floyd, Forbes, Garra-
son, Goff, Long, Neal,. Newsom, Penn, Riley, Smallwood, Tweed
and Mr. Speaker-20.
Nays--Messrs. Allison, Colenian, Dell, Dummett, Ellis, Fernan-
dez, Fontane, Gillis, Loring, McClellan, Myers, Phillips, Smith,
Stewart, Stone, Traeey, and Wariig-17.
Yeas 20-nays 17.
So the House adjourned till Monday morning, 10 o'clock.

MONDAY, July 14th, 1845.
The House met pursuant to adjournment, and a quorum being
present, after prayer by the Rev. Mr. Foster, the Journal of Satur-
day's proceedings was read.
Mr. Brown, of Leon, according to, previous 'notice, introduced a
!ill to be entitled, An Act to amend the act giving a lien to mechan-
ics in certain cases, approved. 20th January, 1827, and in addition
thereto."
Which was ordered to be placed among the orders of the day.
Mr. Tweed, according to previous notice, introduced a bill to be
entitled, An Act to amend an act entitled an act to authorize Benja-
min Marshal to establish a ferry across the Black Water river, at
the Town of Milton.
Which was ordered to be placed among the orders of the day.
Mr. Brown, of Leon; offered the following preamble and resolu-
tions :
WHERBAs, the following.editorial article appeared in the Floridi.
10 '

.'74

an newspaper of the 12th inst, and is as illtimed and uncalled for as
it is false and .malicious :
"T he Legislature is busy at work. It will break up, perhaps, on
Tuesday week. It displays great industry, and we have never sden
a Legislative body more disposed to be guided by the dictates of pa.
triotism and duty than both houses are. We see but little party spir-
it-except among Whigs, who-try to impede and bother business."
Be it therefore resolved, That the said editorial article is a gross
libel on the Whig nieinbers of this House.
Be-itfurther resolved, That the Editor of the Floridian be dismiss.
ed. from the office ofprinter for this House.
Mr. Kelly offered the following as a substitute therefore:
.Resolved, That we unanimously condemn the article in the Flo-
ridian of the 12th inst.bbelieving that the members have throughout
this session so far from placing obstacles in the way of the speedy
transaction of business relating to the interests of the people, they
"have individually acted with the people's representatives in organize.
.ing the State of Florida.
"Which was.accepted by Mr. Brown, of Leon.
"Vtr. Baldwin moved that the- same be referred to a select com.
mittee. ,
Which was carried, and Messrs. Baldwin, Ferguson and Long
were appointed said committee. .
Mr. Ferguson asked'to be -excused from serving on said "commit.
tee, which request was granted.
Mr. Long asked also to be excused, which request was also grant-
ed.
Messrs. Coleman and Loring were then appointed, in place of
Messrs. Ferguson and Long.
-Mr. Loring asked to be excused from serving on said committee,
which request was granted, and Mr. Branchalppointed-in his stead.
Mr. Ferguson, from the committee on the Judiciary, made the fol-
lowing report:
-The Judiciary Committee to which was referred the following
preamble-and resolution, viz :
WHEREAS, the Constitution of. this Stite" prescribes, that the
members of the House of Represen.tives shall be chosen by the
qualified voters, and shall serve for tFi'term of one year from the day
of the-commbncement of thegeneral elec.tfon, and no longer;' anid
it further provides that the Representatives shall be chosen every
year, on the first Monday in the month of October, until otherwise
directed by law," and "the Governor, Representative in Congress,
and members of the General Assembly, shall enter upon the duties
of their respective offices immediately after their election, under the
provisions of this Constitution, and shall continue. in office in the
same manner, and during the same period they would have done, had
they been elected bn. the first Monday in October.' And'whereas,
some doubt exists as to the proper construction of the foregoing pro.

75

visions, and particularly as to the time for which .the above named
officers hbve been elected :
"Be it therefore resolved, That this subject be referred to the Com.
mittee on the Judiciary, with instructions to make report thereon at
as early a day as practicable,"
REPORT:
The provisions of this Constitution relating to this subject are as
follows:
ArTICLE IV-Legislative Department.
2. The members of the House of Representatives shall be cho-
sen by the qualified voters, and shall serve for the term of one year
from the day of the commencement of the general .election and no
longer, and the sessions of the'General Assembly shall be annual,
and commence on the fourth Monday in November in each year, or
at such other time as may be prescribed by law. .
3. The Representatives shall be chosen every year, on the first
Monday in the month of October, until otherwise directed by law."
It will be noticed that these provisions prescribe a general plec-
tion for Senators and Representatives to be held on the first Monday
in October in every year till otherwise directed by law, and the
terms of the Senators anfd Representatives are to commence from;nhe
day of the commencement of this general election; but a clause in
the Constitution, for a special election upon the admission of the
State, being the first election under the State Constitution, and in-
tended to be in lieu of that provided to be held on the first Monday in
October, after the admission, is as follows:
ARTICLE XVII-Schedule and Ordinance. -
"And immediately after official information shall have been re-
ceived that Congress have approved the constitution, and provided
for the admission of Florida, the President of this Convention
shall issue writs of election to the proper officers, in the different
Counties, enjoining them to cause an election to he held for Govern-
or, Representative in Congress,. and-Members of the General As-
sembly, in each of their respective Counties. The election shall be
held on the first Monday after the lapse of- sixty days, following the
day of the date of the President's proclamation, and shall take place
on the same day throughout the State. The said election shall be
conducted according to the th-en existing election laws of the Terri-
tory of Florida : Provided, however, that incase of the absence or
disability of the President of the Convention, to cause the said e.
election, to be carried into effect, the Secretary of this- Convention.
shall discharge the duties here! y imposed upon the President; and
in case of the absence, or disability of the Secretary, a committee
consisting of five to wit: Leigh Read, George T. Ward, James D.
Westcott, Jr., Thomas Brown, and Leslie A. Thompson, or a ma-
jority of them, shall discharge the duties herein imposed on the Sec-
retary of the Convention, and the Members of the General Assem-
bly, so elected, shall assemble on the fourth Monday thereafter, at

A

76

the Seat of Government. The Governor, Representative in Con.
gress, and Members of the General Assembly, shall enter upon the
duties of their respective offices immediately after their election,
under the Provisions of this Constitution, and shall continue in of.
fice in the same manner, and during the same period, they would
have done, had they been elected on the first Monday in October."
The Constitution was adopted by the Convention on the llth Jan.
uary, 1839. It was referred to the popular vote at the Delegate's
election on the 1st Monday in May, 1839, and the proclamation of the
President of the Convention, declaring the said ratification, was issued
21st October, 1839. The Constitution remained dormant till awa-
kened by the act of Congress of the 3d March, 1845, admitting the
State of Florida into the Union under it. The Committee of the
Constitution forthwith issued its'writs of election, as directed in the
clause of the Constitution above quoted. And in it declared the
times of the Representatives to be elected were to continue till the
first Monday in October, 1846. The last Territorial Legislature
passed an act to facilitate the organization of the State Government,
and regulating the first elections, (approved by the Governor of the
Territory,) in which it is declared the representatives elected are to
serve till October, 1846.
It is not contended that the construction of the committee of the Con.
stitution, nor that of the Territorial Legislature, nor of the Governor
of the Territory, are binding (if erroneous,) on the General As-
sembly. That such constructions have been given by high authori-
ty ; that they have bfen concurred in ; that the people acquiesced
in them ; that the elections on the 26th May last, for members of the
General Assembly, were held under that belief, and with the expec-
tations by the people, that the representatives would remain till Octo.
her, 1846, should, however, have weight in forming an opinion as to
the correct construction of the Constitution. These constructions
are entitled to a respectful consideration. But the committee do not
deem it necessary to invoke their aid to establish the position that
the true and reasonable construction is, that it was designed that the
representatives elected in May last, should continue till October,
1846. On the other side, it is contended that the terms "had they
been elected on the first Monday in October," mean the October
preceding the election in May, i. e. October, 1844. It is conceded,
that the words "had they been elected," &c., being in the past
tense, manifestly refer to a previous October, but the error is in re-
spect to the period of time when these terms are applied. It is not
at the day of the election, but at the end of the year after the. elec-
tion, and they refer to the previous October. The Constitution be-
fore, in Article IV, provides for the time of one year, and the last
clause cited is to provide for their continuance in office for a further
time, if the election should be held on a day not the first Monday in
October. It was intended to substitute such previous special election
for the general election the succeeding October. The very words,
"continue in office employed in this provision, prove this. If it was

77

intended to lessen or restrict the time, these words would not have
been adopted. Again, if it was intended the terms of those chosen
at a special election should expire in October after the election, the
object would have been best answered by the omission of the clause
cited altogether. -It is not merely necessary to effect such object,
but its very adoption shows that the convention was not willing to rest
with the provision of-Article IV, that without this clause might have
difficulty by adopting the construction the committee are combating.
Again, the constitution was not in operation in October, 1844, nor
until the State was admiitted into the Union, March 3d, 1845. -No
election could have been had in October, 1844, under the constitu-
tion, and a reference in the constitution toran impossibility, to a sup-
posed election that could not occur, would be absur. .Further, when
the constitution was adopted, it was anticipated that the State would
have been admitted forthwith in the spring of 1839. In such case,
the -rst General Assembly would have been chosen in the summer of
that year. It is not doubted that the object of the convention in the
incorporation of the sentence quoted in the last clause, was to avoid
the expense and trouble of the two elections the same year. To
show the absurdity of a contrary construction,' suppose the State had
been admitted in June or July of any year : the elections were com-
pelled to be held in about sixty days- thereafter, and the General
Assembly to meet the 4th Monday thereafter. The directions of the
Constitution in this regard could not be evaded ; yet under the con-
struction that makes the terms of the representatives of this General
Assembly expire in October, 1845, the General Assembly might
have been elected, convened, and yet been compelled to go home on
the 1st of October, before it could even have had the necessary time
to pass a law providing for the appointment of a single State officer.
On the election of a future General Assembly, the confusion and em-
barrassment growing out-of such construction, would have been in-
conceivable.
The committee therefore, to definitely settle this question, report
the following joint resolution.
I. FERGUSON, Chairman.
RESOLUTION respecting the terms of office of the members of the
present General Assembly,
Be it resolved by the Sena.iand House of Representatives of the
State of Florida in General Assembly convened, That the terns of
office of the Representatives of the present General Assembly and
of those Senators who have been classed for the term of one year,
expire on the 1st Monday in October, 1846; and the term of those
Senators who have been classed in the term of two years expires on
the 1st Monday in October, 1847.
The resolution reported was read the first time and placed among
the orders'of the day.
ORDERS OF THE DAY.
A bill to be entitled,-An Act to raise a revenue for the State of
Florida, was again taken up.

78

On motion of Mr. Long, the word stock," in the 9th line of the
13th section was stricken out.
Mr. McClellan moved to strike out and perfect," in the 5th line
of the 12th section.
Which was lost.
Mr. Tweed moved to insert the words shall be before the word
" prescribed," in the seventh line, and to strike out the words in
the act to raise a revenue for the State of Florida," and insert instead
the words "by law." *
Which -was lost.
Mr. Kelly moved that the word "the," between the words "'in"
and act," be stricken out, in the 7th line and 20th section, and
the word this inserted in lieu thereof; and to insert after the
words this act" in said line, or may hereafter be prescribed by
law."
Which was carried.
Mr. Brown, of Leon, offered the following amendments:
After the Word "made," in the 25th line of the 24th section, in-
sert and the legal representatives of any person who may die with-
in the year, shall, within one year after the death of such person,
have the right to redeem such lands ;" after "'purchase,' insert
" doubly," in same line ; and after the word paid," strike out to the
word "paid inclusive, in, the 27th line ; in 28th line, after word
"repaying," insert "doubly;" and in the 29th line strike out. "the
aforesaid."
Which were adopted.
Mr. Floyd offered the following as an amendment to the 32d sec-
tion :
Provided however, That this. act shall in no wise prevent any
city, or incorporated -town, or county, from levying a tax upon.such
property as is not mentioned as taxable in.this act."
Mr. Newsom moved to strike out the word "county," in said a.
amendment.
Which was carried.
The amendment of Mr. Floyd, was then adopted.
Mr. Baldwin offered the following in lieu of the 8th section strick.
en out:
Be it further enacted, That thereshall be a tax paid by the plain.
tiff, on every writ issued from any ofithe Circuit Courts of the State,
of fifty cents on all suits under two hundred dollars; over two hun.
dred and under five hundred one dollar, over five hundred, and under
one thousand two dollars, over one thousand and upwards, three dol.
lars on each writ issued, to be paid to the clerk issuing the same,
which said tax shall be applied for the payment of Jury fees, as shall
hereafter be provided, and taxed in the full of costs.
The yeas and nays being called for on the adoption of said amend.
mernt by Messrs. Baldwin and Floyd, were :
Yeas-Messrs. Alexander, Baldwin, Brown of Leon, Fontane,
Long, Newsom and Tracey-7.

79

Nays--Messrs. Barkley, Branch, Brett, Coleman, Dell, Dummett,
Ellis, Ferguson, Fernandez, Floyd, Forbes, Garrason, Gillis, Goff,
Kelly, Loring, McClellan, Myers, Neal, Penn, Philips, Smallwood,
Stewart, Stone, Tweed, Waring, and Mr. Speaker-27.
Yeas 7, nays 27. So the same was lost.
Mr. Floyd was permitted to record his vote n the affirmative on
the motion by Mr. Long, on Saturday, to strike out twenty in the
second line of the third section of said bill,-and insert ten."
Mr. Cotton moved the bill be so amended as to effect an equaliza-
tion of taxation by placing an -advalorenm duty on every species of
property upon which a tax is placed with reference to the rate of one
hundred dollars value thereof.
The Chair refused to entertain.said motion.
On motion of Mr. Long, the word ".stock was stricken out of
said bill, wherever it occurs immediately before the word "cattle."
On motion of Mr. Ferguson, ordered that the bill be engrossed for
a third reading on to-morrow.
On motion of Mr. Fornandez, the HIouse took a recess tll 3 o'clock,
P. M.

3 O'CLOCK, P. M.
The- Iouse resumed-the consideration of the Orders of the Day.
A Resolution from the .Senate respecting the boundaries of this
State, -was: read the first time, and ordered for a second reading on
to-morrow.
A Resolution in relation to the Library of this State, and the ap.
propriationof a room theiefor, was read a second -time and ordered
to be engrossed for a-third-reading on to-morrow.
A bill to be entitled, An act to amend-an at entitledan act to es-
tablish a board of Commissioners of Pilotage for the port of Key
West, and for other harbours in the County of Monroe, approved 14th
March, 1844, was read a second time, and ordered- to be engrossed
for a third reading on to-morrow.
A bill to be entitled, An act to reorganize the County ofWakulla,
and to define the Boundaries thereof, and for other purposes, was
read a second time, and ordered to .be engrossed for a third reading
on to-morrow.
A bill to be entitled, An act to change the name of the Escambia
Manufacturing Company, and- to reduce the value of the shares
thereof, was read a second time, and ordered to-be engrossed for a
third reading on to-morro*w.
A bill to be entitled, An- act to fix permanently the county seat
of Calhoun County, -was read a second time, and ordered to be en.
grossed for a third reading on to-morrow.
A Resolution that this House (the Senate concurring,) adjourn 6n
Saturday, the -nineteenth July, was read the third time ;
Mr. Baldwin moved to lay the same on the .table, which was loat.

80

The yeas and nays being called for on-the adoption of said resolu.
tion, by Messrs. Floyd and Baldwin, and were:
Yeas-Messrs. Barkley, Brett, Dell, Dummeft, Ellis, Fernandez,
Fontane, Forbes; Garrason, Gillis, Goff, Loring, McClellan, Myers,
Neal, Penn, Philips, Smallwood, Stewart, Stone and Tiacey-21.
Nays-Messrs. Allison, Alexander, Baldwin, Branch, Brown, of
Leon, Coleman, Cotten, Ferguson, Floyd, Kelly, Long, Newsom,
Riley. Tweed, Waring and Mr. Speaker-16.
Yeas 21-nays 16 ; so the same was adopted.
A Resolution in relation to the Governor's inquiring into the ser.
vices of Captains Bush, Price, Suarez and Blake, in Duval County,
in 1838, &c., was read a third time;
On the adoption of said resolution the yeas and, nays were as fol-
lows, viz.: .
Yeas-Messrs. 'Allison, Aleiander, Baldwin, Barkley, .Branch,
Brett; Brown of Leon, Coleman, Cotten,.Dell, Dummett, Ellis, Fer-
guson, Fernandez "Floyd, Fonitane, Forbes, Garrason, Gillis, Goff,
Kelly, Long, Loring, McClellan, Myers, Neal, Newsom, Penn, Phil-
ips, Riley, Smallwood, Stewart, Stone, Tracey, Tweed, Waring and
Mr. Speaker-37.
Nays-None. So the same was adopted.
A bill to be entitled, An act to organize the Supreme Court of the
.State of Florida, originating in 'the House, was, on motion of Mr.
Ferguson, laid on the table.
A :bill from the Senate to be entitled, An act to organize the Su.
preme Court of the State of Florida, was read the first time.
. On motion 6f Mr. McClellan, the rule was waived, the bill read a
second time, and referred.to the Committee on the Judiciary.
The Senate transmitted to the House a bill'to be entitled, An Act
to organize the Circuit Courts of the.State of Florida.
Which was read the first time, and on Inotion of Mr. GQff, the rule
was waived, the bill read a second--time; and referred to the Com.
mnittee on the Judiciary;
Also, -a bill to be entities, An Act to -provide, for the making an
enumeration of the inhabitants of the State of Florida;
Also, a resolution to go into election of Judges and other officers,
on Wednesday next.
Which were ordered-to be placed among the orders of the day.
A bill to be entitled, An Act to organize the Circuit Courts of the
State of Florida,:originating in the-House, came up, and on motion
of-Mr. Ferguson was laid on the table.
A bill to be entitled, An Act'fo provide the Governor with a Pri.
vate Secretary, and for other purposes,'came up and on motion of
Mr. Baldwin was laid on the table.
A bill from the Senate to be entitled, An Act fixing the salary of
the Governor of this State, and to authorize the appointment of a
Governor's Secretary and Clerk of the Executive Department, and
for other purposes, was read the first time-and ordered for a second
.reading on tomorrow.

81

The resolutions in relation to the townships granted for Semina-
ries of Learning, &c., were read the second time and ordered to be
engrossed for a third reading on to-moriow.
A bill to be entitled, An Act to provide for ascertaining, securing
and increasing the funds applicable to purposes of education in this
State, was read a second time and ordered for a third reading on to-
morrow.
A bill from the Senate to be entitled, An Act respecting the books
and maps belonging to the State, was read the first time.
Mr. Cotten moved that said bill be laid on the table.
Which was lost.
On motion of Mr. Ferguson, said bill was ordered for a second
reading on to-morrow.
A bill from the Senate to be entitled, An Act to organize the of-
fice of Attorney General of the State of Florida, was read the first
time and ordered for-a second reading on to-morrow.
A bill from the Senate to be, entitled, An Act-to organize the office
of Secretary of State, was read the first time and ordered for a sec-
ond reading on to-morrow.
A bill to be entitled An Act prescribing the salaries and fees of
the several officers of this State, came up on a second reading.
On motion of Mr. Allison, the House went into committee of the
whole on said bill, Mr. Barkley in the Chair; and after some time
spent therein, rose, reported progress, and asked leave to sit again.
Which was cpncurred.in.
A bill to be entitled, An Act relating to the Library of the State,
was read the first time and ordered for second reading on to-morrow.'
A bill from the Senateto be entitled,' An act to fix the compensa-
tion of members of the General Assembly of this State, was read the
first time, and ordered for a second reading on to-morrow.
A memorial to Congress respecting losses in the Setninole war,
from the Senate, was read the first time, and on motion of Mr. Lo-
ring, the rule was waived, the memorial read a second and third
times, and adopted.
Ordered that the same be certified to the Senate.
A bill to be entitled, An act to organize the office of Comptroller
of the State of Florida, came up, and on motion of Mr. Barkley, the
House again went into committee of the whole on said bill, Mr.
Floyd in the chair, and after some time spent therein, the committee
rose, reported progress and asked leave to sit again.
Which was concurred in. *
SA bill to be entitled, An act to organize the office of Secretary of
State, came up, and on motion of Mr. McClellan, the House again-
went into committee of the whole on said bill, Mr. Ferguson in the
chair, and after some. time spent therein, the committee rose, and
reported a substitute therefore .
Which was concurred in.
SA bill to be entitled, An act to organize the office of Attorney Ge-
11

82

neral of the State of Florida, care up, and on motion of Mr. Fergu.
son, was laid on the table.
A resolution in relation te the construction of a Levee at St.
Marks, was read a third time and adopted.
A bill-to be entitled, An Act respecting commissions to be issued
td the officersof this State by the Governor thereof, was read a sec-
onfd time and ordered to be engrossed for a third reading on to-mor-
row.
A resolution in relation to petitions or memorials, praying for any
act of Incorporation, &c., requiring notice to be given thereof for at
least three monthsof such intended application, &c., was read a sec.
ond time, and ordered to.be engrossed for a third reading on to-mor-
row.
A resolution in relation to the election of Judges and Solicitors on
Tuesday next, was read a second time, and on motion 6f Mr. Long,
was laid on the table..
A bill to be entitled an act to amend an act entitled,'an act to au-
thorize Benjamin Marshal to establish a ferry across the Blackwater
River at the Town of Milton, was read the fist time and ordered for
a second reading on to-morrow.
A bill to be entitled, an act to amend the act giving a lien to
Mechanics in certain cases, approved 20th January, 1827," and in
addition thereto, was read the first time and ordered for, a second
reading on to-morrew.
A resolution from the Senate to go into the election of Judges and
other officers on Wednesday next, was read the first time and ordered
for a second reading ohn to-morrow.
A bill from the Senate to be entitled, an act to provide for the
making an'enumeration of the inhabitants of the State of Florida,-
was read the first time and on motion of Mr. Barkley was laid on
the table.
On- motion of Mr. McClellan, the House adjourned till to-morrow
morning 9 o'clock.

TUESDAY, July 15th, 1845.

The House met pursuant to adjournment, a quorum being present,
after prayer by the Rev. Mr. Foster, the Journal of yesterday's-pro.
ceedings was read.
Mr. Ellis, according to previous notice, introduced a bill to be enti.
tied, An act to authorize William O. Thoffias to establish a Ferry on
the Suwannee River near the mouth of Santa Fee River.
Ordered that the same be placed among the orders of the day.
Mr. Smallwood moved a reconsideration of:the vote on yesterday
on the, resolution to adjourn on Saturday, the 19th July;
Which was carried; ordered that the same be .placed among the
orders of the day.

83

Mr. Cotten, from the Committee on Corporations, made the ft'o
lowing report:
The Committee on Banks and other Corporations respectfully
REPORT,
That they have found a vast number of Banks and other corpora-
tions upon the statute book of the late Territory of Florida,-most of
which will present little difficulty, and may be disposed of by a few
general provisions; Three of these creatures of domestic ingenuity
and foreign cupidity, require some investigation, inasmuch as the in-
terests and reputation of some of our people are somewhat involved.
We allude to those entitled The Union Bank of Florida, The South-
ern Life Insurance and Trust Company, and the Bank of Pensacola.
The original purpose, practical operation and established character
of those institutions are too palpable and notorious to require com-
ment. No good citizen but must wish to preserve the State wholly
untarnished by any contact with them. There are some who hold
the State to have been born ruined in purse, and blasted in character,
and wedded indissolubly to corruption and disgrace. But your com-
mittee is of opinion that the people of Florida are now, for the first
time, acting for themselves, and that their reputation must be esta-
blished by their own future conduct, not by that of those who have
assumed to speak for them, and were reckless of the. result to the
people or the State, so long as their own corrupt purposes were sub-
served. The only question for the General Assembly now is, by
what means,it shall most speedily sever the State from the corrup-
ting mass, so as to save the sound parts and protect the relics for the
benefit of those interested, upon the. most just and equitable princi-
ples which can be made applicable to such institutions. A brief in-
quity into the present situation of affairs is necessary.
When the United States purchased Florida, the right to become a
State as soon as possible was guarantied by'the Spanish side of the
Treaty; and in the meantime Cbngress framed a Territorial Govern-
ment, the legislative powers of which extended to all rightful sub.
jects of legislation, but no "law inconsistent with the Constitution of.
the United States was to be valid, and all'the laws which should be
made were subjectgto.the disapproval of Congress, and were thence--
forth to be of no force.
The people of Florida had *io-government emanating from them-
selves, but were free and equal in privileges and franchises, and
had all the immunities and securities of the Constitution ex-
tended to them. This Territorial Government, established tempo-
rarily until Florida could become a State, then undertook to giant to
certain persons special privileges, rights and immunities to be ex.
tended for a long series of years, and of a very extraordinary char-
acter, and to pledge the faith.and honor, and give the obligations
of the people of Florida, for a large amount of money, to enable
those persons to raise-qapital. upon which to exercise these extraor-
dinary privileges for their own benefit, and not that of the people of

84

Florida. A law thus passed is claimed to have all the sanctity
and unalterable qualities of a contract. If it was a contract, neither
the state or people were parties to it. No consideration moved to
them. Certain persons, pretending to exercise the powers of Govern.
ment, made it with themselves and with one another, and took the
privileges from a third party-the people of Florida-and then raised
the capital upon a fictitious pledge of their resources to pay it. If
it was a contract it was not a law, or the exercise of legislative
power. A contract derives its force from the consent of the parties
to the particular act. A law is in force by paramount power. But
no power was given to make contracts, or to bind the people of Flor-
ida. The power was to make laws not inconsistent with the Con-
stitution, and subject to the disapproval of Congress. If the acts in
question were mere laws, they could be repealed at any time. In
either case they could have no binding force upon the people or
State of Florida, without their express sanction.
If we consider the use of these franchises, and this capital a pri.
vate use, as it really was, for the benefit of a favored few, and sup.
pose that instead of giving bonds or faith of the people, the attempt
had been made at once to collect by force the capital from the whole
people, to give' to a few for banking purposes, all would say that the
law or contract was a monstrous injustice and absurdity-inconsistent
with all rules of right, and the very existence of society, and that
such a law, or pretended contract, would be null and void upon
principles anterior and paramount to constitutions of government.
A law taking the property from one person or many persons, to give
to others, would be pronounced void by any tribunal. In the lan-
guage of the Supreme Court of the United States, (3d Dallas, 386,)
we cannot subscribe to the omnipotence of a State legislature, or
that it is absolute and without control ; although its authority should
not be expressly restrained by the constitution or fundamental law of
the State. The people of the United States erected their constitu.
tions or forms of government, to establish justice, to promote the gen.
eral welfare, to secure the blessings of liberty, and to protect their
persons and property from violence. The purposes for which men
enter into society, will determine the nature and terms of the social
compact; and as they are the foundation of the legislative power,
they will decide what are the proper objects of it; the nature and
ends of legislative power will limit the exercise of it. This fund.
mental principle flows from the very nature of our free republican
governments, that no man should be compelled to do what the laws
do not require, nor to refrain from acts which the laws permit.-
There are acts which the Federal or State legislature cannot do
without exceeding their authority. There are certain vital prinei-
ples in our free republican governments, which will determine and
overrule an apparent and flagrant abuse of legislative power; as, to
authorize manifest injustice by positive law ; or to take away that se-
curity for personal liberty, or private property, for the protection
whereof the government was established. An act of the legislature,

(for I cannot call it a law,) contrary to the great first principles of
the social compact, cannot be considered a RIGHTEUL EXERCISE OF
LEGISLATIVE AUTHORITY. The obligation of a law in governments
established on express compact, and on republican principles, must be
determined by the nature of the power on which it is founded. A
few instances will suffice to explain what I mean : A law that pun-
ishes a citizen for an innocent action, or in other words, for an act
which when done was in violation of no existing law ; a law that
impairs or destroys lawful private contracts of citizens; a law that
makes a man a judge in his own cause ; or a law that takes property
from A andgives it to B. It is against all reason and justice tor a
people to entrust a legislature with such powers; and therefore it
cannot be presumed that they have done it. The genius, the nature,
and the spirit of our State governments, amount to a prohibition of
such acts of legislation ; and the general principles of law and reason
forbid them. The legislature may enjoin, permit, forbid and punish;
they may declare new crimes, and establish rules of conduct for all
their citizens in future cases; they may command what is right, and
prohibit what is wrong; but they cannot change innocence into
guilt; or punish innocence as a crime ; or violate the right of an ah-
tecedent lawful private contract ; or the right of private property.-
To maintain that our federal or state legislature possesses such pow-
ers, though theyhave'not been expressly restrained, would, in myopin.
ion, be a political heresy altogether inadmissible in our free republi-
can governments."
In the case before us, all would have pronounced such an act not
only a gross outrage upon the people of Florida, but a fraud upon
Spain. If we could consider the use of the money to be forcibly
raised for these bankers' accommodation, as a public use, then it
would come in direct conflict with an express prohibition of the con-
stitution of the United States, (extended in the organic act to Florida)
declaring that private property shall not be taken for public uses with-
out just compensation. If, then, we consider that the Legislative
Council had undertaken first, to give such inordinate and peculiar pri-
vileges, connected with lending and borrowing money, to a favored
few, and then wrested from the whole by force the funds necessary
to enable those persons to use those privileges, and lend the money to
themselves, there are few who would not say with the Supreme
Court of Massachusetts, (16 Mass. Rep. 270,) "If the legislature were
to enact that the estate of A B should be confiscated, or transferred,
or taken for the use of the public, without an equivalent, such acts
would not be laws ; and they never could be executed but by a court
as corrupt, or as passionate as the legislature which should have
passed them." And further, that'such was not a "rightful subject of
legislation"--that it was against the whole spirit of the constitution
and government--iniquitous and void-and that it was idle to call
such a fraud, a contract, when no consent was asked or given, and
all the benefits were on one side, and in favor of the parties drawing
up the instrument. That Congress never supposed such powers

86

would be exercised, is evinced by the cautious limits to the rightful
subjects of legislation, and not inconsistent with the Constitution of
the United States." Congress itself could not have exercised such
powers under the pretence of needfid rules and regulations respecting
the Territory. Nothing short of the most unqualified,. arbitrary and
absolute sovereign could exercise such powers. All the limitations,
restrictions and reservations in the constitution would be in vain, if
Congress could exercise such power. To require all taxation to be
uniform, and yet leave the power of taking in-another way property
from every man to give to a few-to exempt the person, property and
effects from unreasonable seizures, and leave the privilege of taking
from one and giving to another-to declare that private property shall
not be taken for public uses, without just compensation, and yet allow
it to be taken for private uses-to declare all powers not delegated as
reserved to the States or the people, and yet exercise ungranted pow-
ers beyond what the States, or people of the Union, have power to
grant, would present a mass. of absurdities.
If Congress did not possess such a power, to be exercised at once
forcibly and directly upon the people of Florida, still less had it-the
power indirectly. It could not make a forced contract for the peo.
ple, and" bind them without their consent to do in future that which
they could not be compelled to do at once. Still less could it bind
them to do at a period when they would be, by previous stipulation,
independent of the control of Congress-that which Congress could
not forcibly do when possessed of the Government. If the bonds in
question, or faith pledged, had been given by Congress, in their pres-
ent form, to the Union Bank of Mississippi or Florida, they could not
have bound the people or State of Florida. Being issued by the Ter-
ritorial Government, they are only one step further removed from
validity or effect.' They are bonds issued under the pretended au.
thority of Congress, purporting to bind, not the Government of the
United States, but the people of Florida. If the Legislative Council
zranscnded its powers and passed an act not a rightful subject of le.
gislation, or consistent with the Constitution of the United States,
then it was necessarily without authority and void. If neither of
these, then the act had the sanction of Congress, both by prior au-
thority and subsequent failure to disapprove., But that body had no
right to create a debt for the people of Florida, for another reason.
By the Spanish side of the treaty with Spain, it is stipulated that "the
inhabitants of the Territories which his Catholic Majesty cedes by this
treaty to the United States, shall be incorporated into the Union of the
same States as soon as possible,.according to the principles of the Fed-
eral Constitution, and admitted to the enjoyment of all the rights, privi-
leges and immunities of citizens of the other States."
Of what value was this stipulation if Congress might delay admis.
sion as long as possible, and admit the State then upon different prin.
ciples from those which governed the admission of other States ? Or
how could the citizens be possessed of all the rights, and privileges, and
immunities, of citizens of other States, if Congress had power in ad-

87

vance to load them with debt, to make contracts for them for unlimit.
ed times and enormous amounts, to grant special privileges, and tie
the hands of the future Legislatures of the State to any extent ? Coh.
gress may by the Constitution admit new Stales, but they must be
equal with the old States when admitted. Congress cannot, in ad.
vanrce, and without the consent of the State, grant away all or any
portion of the Legislative power or franchises of the people; beyond
the control of the sovereign power of the State. Congress cannot
make a treaty-with Spain, promising to admit Florida upon an equal
footing with the other States, according to the principles of the Feder-
al Constitution, and then grant charters to eiist for one hour, or one
hundred years, or forever after the. State comes into the Union. The
principle is the same. If it could divest the State in advance, of ope
single particle of those sovereign rights and legislative privileges
which the other States.have reserved, and not granted to Congress,
so it might of all the powers, and' forever. If it could grant to a
bank a single corporate franchise, it might grant to it all the powers
of the Government; and in the ofie case, as in the other, such grants
must be paramount to the Constitution and laws of the State, or they
could not eiist. And such grants could never be altered, annulled,
or repealed, because, being paramount to State authorities, they could
not repeal them, however odious or oppressive ; nor could Congress
repeal them, because its functions of internal government cease en.
tirely, upon the admission of the State into the Union: 'It can only
legislate for Florida as part of the whole Union, and could no more
repeal the Union Bank charter than that of any bank.of the. State of
New York.' Your-committee cannot suppose that Congress everin.
tended or attempted to exercise powers so inconsistent with treaty
stipulations, so repugnant to every principle of the Constitution, so
unnecessary, injurious and unjust towards the new State, and so odi-
ous and repulsive to American"customs and institutions. Nor if such
a supposition' could be made would such powers'be easily surrender-
ed.
Your committee, therefore, is forced to conclude that Congress re-
ceived Florida from Spain with the bona fide intention of making a
State as soon as possible, and upon an. equal footing with the other
States. That it only passed such acts as it deemed necessary to fa-
cilitate this object, and not to involve in ruin and degrade the sov-
reignty of the future State. That it only took upon itself the gov.
ernment ad interim from necessity, a'nd never meant to exercise func.
tions requiring exalted sovereignty, and to pass acts which should, or
could, last beyond its temporary 'control, until the stipulations of the
treaty could be'fulfilled. Your committee is therefore of opinion that
every particle of that temporary government, and every act of Con-
gress establishing it, and'every, act passed by.that temporary govern-
ment ceased to exist to all intents and purposes on the 3d -day of
March, 1845, at the moment the President signed- the bill admitting
Florida into the Union, except so far as any of those acts or laws
were preserved in force by the Constitution of Florida.

88

Upon examining that instrument, the committee find that some as.
sociations claiming to exercise corporate privileges in the State, are
supposed to be permitted to continue by the Constitution; because,
by'the 14th section of the 15th Article, the General Assembly has
power to regulate, restrain and control them, so as to guard, protect
and secure the interests of the people of the State, not violating vest.
ed rights, or impairing the obligation of contracts.
It is clear from this--st. That some corporations are supposed
still to exist. 2d. That those which so exist are not looked upon in
the light ofcontracts, but laws; because.the power is given to restrain,
regulate and control them, which could not be if they were contracts,
without- the consent of the other, party. 3d. They are to be con.
trolled so as to guard, protect and secure the interests of the people
of the State, not violating- vested rights, or impairing'the obligation of
contracts.
As the State has made no-contracts with them,.this clause must be
intended to enable the Legislature to secure the protection-of the
people from the future exercise'of any ppwers deemed inordinate or
utireasonable, whilst at the same time all contracts mad .with indi.
viduals or other corporations by such associations, and all rights vest-
ed by their action prior to the 3d of March, 1845, must be preserved
inviolate. Aiy other construction would lead to contradiction and
absurdity, rendering the clause nugatory. If the vested rights and
contracts were supposed to mean rights vested by the Territorial Gov-
ernment,.and contracts made with it, conferring franchises tb con-
tinue beyond the existence of the temporary power which granted
them,' the General Assembly could not control, regulate and restrain
them, without their consent; because the same clause which gave the
power to control, would render them inviolate, and recognize their
existence by title paramount. We cannot adopt a rule of construe.
tion which.renders any part of the Constitution wholly nugatory.-
Under our construction there are many classes of corporations which
it was intended should continue and should be regulated. We need
only mention the whole series of municipal and -religious corpora-
tions.
There is another limitation to the corporations preserved by impli..
cation in the 14th section. It can only be intended to preserve such:
as were not inconsistent with or repugnatit to the. provisions of the
Constitution. The Convention manifestly saw and provided against
many of the evils under which Florida suffered from corporation,.
during the ad interim.government provided.by Congress between the
dominion of Spain and Florida sovereignty. [t would.require very
clear words, admitting no adverse construction, to satisfy us that the
Convention and, people intended voluntarily and unnecessarily to sub.
ject themselves for a long series of years to all the evils incident to
the worst part of all the vicious and fraudulent legislation of that un-
happy period, whilst it had tied the hands of itsown Legislature with
most important and valuable limitations and restrictions.
Almost all the provisions, in the article on banks and other corpor.

89

nations, are inconsistent and incompatible with, the charters named.
Their very existence would be a perpetual violation of'most of those
provisions. And, on the other hand, many of the provisions of the
charters are incompatible with the existence of State Government.
The 12th section of the 13th article expressly declares that "any act
ot'a corporation, or those having the control and management there.
of or intrusted therewith, inconsistent with or in violation of the pro.
visions of this Constitution or its charter, shall cause its forfeiture."
It is absurd to suppose the Constitution intended to.preserve the
existence of institutions which-'from their very nature had within
them several perpetual, inevitable.and.ever.recurring causes of for-
feiture. It would be to save, only to destroy. For instance, the 6th
,section requiring that the capital-stock of any bank shall only be cre.
ated by the actual payment of specie therein, and no bank shall bor.
row money to create or add to its.capital, or to conduct its business,
and no loan shall be made on stock," is entirely inconsistent with the
nature, constitution and existence (f the banks in question, which
were based upon directly opposite principles. The consequences
would be inevitable, that those banks must adhere to the charter and
violate the Constitution, in which case they would be forfeited; or-,
they must violate the charter and adhere to the Constitution, in which
case they would be equally forfeited,-not liable to be forfeited, but
forfeited by the very. act, and forfeited beyond the powver- of remedy
by the Legislature; for the same- clause declares that "no forfeited
charter shall be restored;"
Again, the charters all require that they slall pay specie for their
liabilities, but none of them do, or will, pay specie, and any act in..
consistent with.or in violation of their charters, shall cause a forfeit.,
ure. We infer from these immediate, inevitable and perpetually re-
curring causes of forfeiture, interwoven in the very nature of those
institutions, and constituting their very essence, that their preserve.
tion by the constitution was not intended. They were left to expire
with the ephemeral government which created them. To regulate,
restrain, and control them, so as to make them consistent with the
constitution, would be to attempt to make new banks, in evasion of
the 2d section of the 13th Article, requiring that no act of incorpo.
ration, or any alteration therein shall be made without.the consent of
two,thirds of each House, and public notice in one or more newspa,
pers for at least three months immediately preceding the session.
But the evidence is more conclusive in the 1st section of the 17th
Article, which declares, '" That all laws, or parts of laws, now in
force, or which iay be hereafter passed by the Governor and Le.
gislative Council of Florida, not repugnant to the provisions of this
Constitution, shall continue in force-until, by operation of their pro-
visions or limitations, the same shall cease to be in force, or until the
General Assembly'shall alter or repeal the same," It is too clear
for argument that the laws repugnant to the constitution were not
savedd' The -paramount and fundamental law was substituted.-
Whatever laws are in force, are preserved only by this clause in the
12

90

constitution. They are laws, not because they were enacted by the
Governor and Legislative Courcil of the Territory, but because they
are adopted and sanctioned by this new fundamental law. If it be
said that the ordinary laws would have been in force if nothing had
been said, by the silence of the constitution, still only such laws as
were not repugnant to its provisions could, by such implication, be in
force. But no room has. been left for implication. The language is
express. And laws repugnant to the constitution must be as power-
less as if they had never been enacted, or they most have had some
inherent, paramount power in them, which overrides and crushes the
fundamental law of the State, and the sovereign will of the people-.
And if such be the case, with the mockery of sovereignty and equal.
ty with the other States, we are tied down for thirty years from the
exercise of our legislative powers by.the authority of Congress, in
defiance of the constitution of the United States, and the treaty with
Spain.
The conclusion is irresistible to yodr committee, that the franchi.
ses, powers, and privileges vested during the ad interim government
established by Congress, ceased and were divested by the terminal.
tion of the power which created them, and which was in its nature
temporary, and for police purposes, to make needful regulations, aqd
not in any respect sovereign.
SSovereign powers were not intended to be granted to Congress by
the United States' constitution. -Even in the District of Columbia
the power only of exclusive legislation is given. The power to ad.
mit new States was given to prevent the necessity of permanent
government by Congress. If the new States had. all continued under
the power of Congress, the government would have been dissolved
before Florida was admitted. Spain would never have ceded her
people to such a perpetual thraldom,.and American citizens would
not have immigrated to this country.
The only inquiry which remains to your committee relates to the
debts, contracts, rights, and property which belonged to-the institu.
tons in'question. It is the received opinion, that upon the dissolu-
tion of a corporation, the lands revert to the grantor, the chattels es-
cheat to the State, and universally admitted that the debts due from
and to the corporation are extinguished.- Such was not the result
contemplated by the constitution. It requires in cases of forfeiture,
that the General Assembly shall, by general law, provide a sum.
mary process for the sequestration of its effects and assets, and the
appointment of officers to settle its affairs." -This':is not a. case of
forfeiture, but of extinguishment or dissolution, and the preservation of
the contracts and property which belonged to these corporations, in
their aggregate capacity, and.the debts due from them to individuals,
seems to your committee to be provided for in the concluding portion
of the 1st section of the 17th Article, which enacts, That nothing
in this constitution shall impair the obligation of contracts, or violate
vested rights, either of individuals, or of associations claiming to ex.
ercise corporate privileges in this State." These words precisely

ftfect the object of saving the contracts and property, and can effect
no other.
The constitution had before provided for the administration of ef-
ftcts in cases of forfeiture. It had'also provided fbr the contracts and
vested rights of such corporations as might continue and be regula-
ted, restrained and controlled under the 14th section of the 13th Ar-
ticle, and it now provides for the contracts and effects of such insti.
tuitions as may be extinguished and dissolved, because they are re-
pugnant to the provisions of the constitution, under the 1st section of
the 17th Article.
This is the only construction which can be given to the words.
These contracts and vested rights can have no application to the
corporate franchises themselves, because, as we have shown, whether
they were created by contracts or laws, either must have been tem.
porary and existing only during the Territorial Government. That
Government could make no contract and vest no rights beyond its
own existence. The Constitution did not make any contracts or
vest any rights, for it would have been idle to provide in the Consti.
tution against the violation by itself of.contracts then made and
rights vested for the first time by its own terms. And more than
idle to declare all laws repugnant to the provisions of the Constitution
at an end, and in the latter clause declare that it should not affect
those most objectionable and most repugnant to its provisions. If
ihese institutions existed by paramount law-by contract binding
upon the State-by, vested right-and must continue to exist,-this
clause must have been entirely unnecessary for their preservation.
They existed entirely, independently, and without it; and no act of
the State could affect them. With that view, the clause would be
wholly unnecessary and illusory. It must have been intended to
protect some contracts and rights, which were not repugnant to the
Constitution, and which would expire and be wholly lost by the ex.
t'nction of the laws repugnant thereto, as provided-in the first part of
the same section. The contracts between individuals and the cor.
portionsn, constitute precisely this class. They were valid when
the contracts were made or the rights acquired, and would only
become extinct, because the law establishing the corporation ex.-
pired, because repugnant to the Constitution, and without such pro.
vision there would be no owners to the property, no parties to, and,
consequently, no obligation in the contracts.
The duty devolves upon the legislature to provide by law for
the preservation of this property, for the benefit of those interested
in it. The constitution could not do so without running into the de.
-tail of ordinary legislation. It 'was enough for that instrument to
keep alive the rights. It is for the General Assembly to give activity
-and vigor to the contracts, and utility to the property thus preser.
ved. The State finds them without a representative capable of con.
trolling them. Like an estray or a wreck, it must be taken care of
'for the benefit of those interested. The committee lhs provided -a
;bill for this purpose, with a few general provisions, leaving most of

92

the powers to the Courts, and relying upon future legislation to pros
tide such additional acts' as may be found necessary, from time to
time, by experience.-
The, other provisions of the bill relate to bther corporations, and
tneagures calculated to preserve their charters from violation.
All of which is respectfully submitted.
F..R. COTTEN,-Chairmanm
Which was received.
A bill to be entitled,.An act to regulate, restrain and control all
associations claiming to exercise corporate privileges in this State,
and to protect and secure the interests of persons interested.in the
effects of extinct Corporations, reported by the committee, was placed
among the orders of the day.
Mr. Tweed moved that the report of the committee and the bill
accompanying the same be printed.
Mr. Baldwin moved to amend said motion by inserting one hun,
dred copies;
Which was carried.
The motion"to print was then carried.
Mr. Ferguson, from the Committee on the Judiciary, reported a
bill to be entitled, An act to organize the office of Sheriff.
Which was ordered to be placed among the orders of' the day.
Mr. Loring, from the joint select committee of the General As.
Sembly, appointed to.co-operate with the citizens of Tallahassee in
--tMaking all suitable and necessary arrangenenets to testify our regard
for the memory of 'our illustrious citizen, Gen. Andrew Jackson, most
Jrespectfully asks leave to report a copy of.the program adopted by
the citizens.
SW. W. LORING, Ch'n.
ORDERS OF THE DAY.
A resolution respecting the boundaries of this State, was read a se-
cond time and ordered for a third time to-morrow.
A bill to be entitled, An act fixing the salary of the Governor of
this State, and to authorize the appointment of a Governor's Secre-
tary, and-Clerk for the Executive Department, and for otlier purposes,
came up on a second reading;.
On motion of Mr. Fernandez, the House went into commitfee.of
the wholeon said bill, Me. Myers inthe Chair and aftersome time
spent therein, the committee rose, reported'the bill as amended, and
asked to be discharged from the further consideration thereof
Which was concurred in.
On motion of Mr. Fernandez, said bill was referred to the Judiciary
Committee.
The following message was received ftom his Excellency the Govw
ernor;
ExdcuitrfvE Oi'ren, July 15, 1845.
To the General Assembly .
I have this day received several petitions for pardons, for criminal

93

offences. t find, by a reference to the 11th clause of the 3d article
of the Constitution, that such power is conferred only under such
rules and regulations as shall be prescribed by law."
The propriety of passing such rules and regulations, during the
present session, is respectfully suggested to you.
I have the honor to be, very respectfully,
Your obedient servant,-
W. D. M03ELEY.
Which was referred to the Committee on the Judiciary.
A bill to be entitled, An act respecting the books and maps belong-
ing to this State, came up on a second reading;
On motion of Mr.jarkley, the House went into committee of the
whole on said bill, Mr. Loring in the Chair; and after some time
spent therein, the committee rose, reported the bill back to the House,
and asked to be discharged from the further consideration thereof.
- The following messagedwas received fiom-the Senate:
SENAT' CHAMBER, July 15, 1845.
on. Speaker of the House of Representatives :
The Senate has passed the bill from the House, to be entitled, An
act to change the County site of Orange.County, with amendment,
by striking out the words from and," in the 3d and 4th lines of the
bill.
To which they ask the concurrence of the House.
SYour obedient servant,
"THOS. F. KING, Sec'y. Senate.
Which amendment was concurred in by the House; ordered that
the same be certified to the Senate.
The Senate transmitted to the. House, as having passed that body,
a bill to .be entitled, An act to organize the office of Comptroller of
Public Accounts of the State of Florida; also
A bill to be entitled, An act to provide for .the registration of the
qualified voters of the State of Florida; also
A bill to be entitled, An act to organize Courts of Probate for the
State of Florida.
Which were ordered to be placed among the orders of the day.
A bill to be entitled, An act to organize the office of Attorney Gen.
eral of the State of Florida, came up on a second reading
On motion of Mr. Baldwin, the House went into committee of the
whole on said bill, Mr. Smith in the Chair; and after some time-spent
therein, the -committee rose, reported the bill back to the House as
amended, and asked to be-discharged therefrom.
Which was concurred in.
A billto be entitled, An act to organize the office of Secretary of
State, was read a second time and ordered for a third reading on to.
morrow.
A bill to.be entitled, An act to fix the compensation of members of
the General Assembly of this State, was read a second time;
Mr. Smith moved to strike out the word three," and insert two,"
"before dollars'" in said bill;

.94

'Which was lost;
Mr. Floyd moved to lay said bill on the table;-
Which' was lost;
Ordered that the same be read a third time on to-morrow.
A bill to be entitled, An act to raise a Revehue for the State of
Florida, was read a third time;
On the passage of said bill the yeas and nays were :
Yeas-Messrs. Allison, Alexander, Baldwin, Barkley, Branch,
Brqwn, of Monroe, Coleman, Ellis, Ferguson, Floyd, Forbes, Gar.
reason, Gillis, Goff,- McClellan, Myers, Newsom, Penn, Smallwood,
Stewart, Taylor, Tracey, Tweed; Waring and Mr. Speaker-26.
Nays-Messrs. Brett, Cotten, Dell, Feriandez, Fontane, Long,
Loring, Neal, Philips, Smith and Stone -11.
Yeas 25-nays 11-; so the bill passed.
Mr. Taylor offered'the following as an amefidment to the title of
said bill:
"And defining the duties of the Assessors and Colledtors thereof."
Which was adopted.
Ordered that the same be certified to the Senate.
On motion of Mr. Smallwood, the House took- a recess till four o'-
clock, P. M.
"4 O'CLOCK, P. M.

The House resumed the consideration of the orders of the day.
.A -resolution from the Senate to go into election of Judges and
other officers on Wednesday next, was read a second time.
Mr. Myers moved that the rule be waived, the resolution read a
secondd and third time and adopted.
S Which was lost.
Mr. Ferguson moved that the same be laid on the table.
Which was lost, and the resolution was ordered for a third reading
",on to-morrow.
A bill to be'entitled, An Act to fix permanently.the county-seat of
'Calhoun county, was read a third time.
"On thee passage of said bill the ayes and noes wei' :
Yeas-Messrs. Allison, Alexander, Baldwin, Barkley, Branch,
Brett, Brown of Monroe, Coleman, Dell, Dummett, Fernandez, Fon.
tane, Forbesi Garrason, Gillis, Goff, Hurst, McClellan, Myers, Neal,
"Philips, Riley, Stewart, Stone and Tracey-25.
Nays-Messrs. Fergusotn, Floyd, Long, Newsom, Smith, Taylor,
-and Mr. Speaker-7.
Yeas 25, nays 7. So the said bill passed. Title as stated.,
Ordered that the same be certified to the Senate.
A resolution in relation to petitions and memorials praying for alt
Aact of incorporation, &c., requiring notice to -be given thereof for at
least three months of such intended application, &c., was read a third
time and adopted.
'Ordered that the same be certified to the Senate.

95

A bill to be entitled, An Act to amend the act giving a lien to me-
chanics in certain cases, approved 20th January, 1827, and in addi-
tion thereto, was read a second time, and on motion of Mr. Long
was referred-to the Committee on the Judiciary.
On motion of Mi. Barkley, seventy-five copies of said bill were
ordered to be printed. -
A bill to be entitled, An Act to amend an act, entitled an act to
authorize Benjamin Marshal to establish a ferry across the Black
Water river,:at the town of Milton, was read a second time, and on
motion of Mr. Barkley, was laid on the table.
A bill to be entitled, An Act to organize the office of Comptroller
of the State of Florida, came up and 6n motion of Mr. Ferguson, was
laid on the table.
Mr. Riley was permitted to record his vote in the affirmative, on
the passage of a bill to be entitled, An Act to raise a revenue for the
State of Florida, &c.
Mr. Hurst was also permitted to record his vote in the affirmative
on the passage of said bill.
Mr. Dummett was permitted torecord his vote in the negative on
the passage of said bill.
A bill to be entitled, An Act prescribing the salaries and fees of
the several officers'of this State, came up, and on motion of Mr. Alli-
son, the House went -into committee of the whole,'Mr. Barkley in
the Chair. After'some time spent therein, the committee rose, re-
ported the bill back to the House as amended, and asked to be.dis-
charged from the further .consideration thereof, which was refused
to be concurred in by the House.- '
On motion of Mr. Barkley, the House again went into committee
of the whole, Mr. Barkley in the Chair. After some time spent
therein, the committee rose reported progress and asked leave to sit
again on to-morrow.
Which was concurred in.
Mr. Brown, of Monroe, moved that the House adjouri till to-mor-
row morning, 10 o'clock.
Which was lost.
A bill to be entitled, An Act to amend an act entitled an' act to es-
tablish a Board'of Commissioners of Pilotage for th& .Port of Key
West and fbr other harbors in the county of Monroe, approved 14th
March, 1844, was read a third time.
On the passage of said bill the yeas and nayss were :
Yeas-Messrs. Alexander, Baldwin, Barkley, Branch, Brett,
Brown of Monroe, Coleman, -Dummett, Ferguson, Floyd, Fontane,
Forbes, Garrason, Gillis, Goi, Hurst, Kelly, McClellan;Myers, Neal,
Newsom, Philips, Riley, Smith; Stewart, Stone, Taylor, Tracey,
Tweed and Mr. Speaker-30.
Nays-Messrs. Allison and Loring-2.
Yeas 30, nays 2. So the same was passed. Title as stated. Or.
dered that the same be certified to the Senate.
A bill to be entitled, An Act to re-organize the county of Wakulla,

96

to define the boundaries thereof, and for other purposes, was read'-a
third time.
On the passage of said bill the yeas and nays were:
Yeas-Messrs. Alexander, Baldwin; Barkley, Branch, Brett,
Brown of Monroe, Coleman, Dummett, Ferguson, Fontane, Forbes,
Garrason, Gillis, Goff, Hurst, Kelly, McClellan, Myers, -Neal, New.
som, Philips,'Riley, Smith, Stewart, Stone, Taylor, Tracey, Tweed,
and Mr. Speaker-29.
Nays-Mr. Allison-1.
Yeas 29, nays 1. So the bill passed. I Title as stated. Ordered
that the same be.certified to the Senate.
A bill to be entitled, An act to change. the name of the Escambia
Manufacturing Company, and to reduce the value.of the shares there.
of, came up, and on motion of Mr. Tweed, was laid on the table.
A Resolution in relation to the Library of the State, came up,
and. on motion of Mr. Floyd, was laid on the table.
Mr. Ferguson moved that the House adjourn till to-morroiwmorn.
ing, 9 o'clock, which was lost.
A bill to be entitled, An act to provide for ascertaining, securing,
and increasing-the fund applicable to purposes of Education in -this
State, was read a third time ;
On the passage of said bill the yeas and nays were r
Yeas-Messrs. Allispn, Alexander, Baldwin, Barkley, Branch,
Brett, Brown of Monroe, Coleman, Dummett, Ferguson, Fernandez,
Fontane, Forbes, Garrason, Gillis, Goff, Hurst, Long, Loring, Mc.
Clellan, Myers, Neal,Newsom, Philips, Riley, Smith, Stewart, Stone,-
STaylor, Tracey, Tweed and Mr. Speaker-32..
Nays-None; so the bill passed. Title as stated. Ordered that
the same be certified to the Senate.
Resolutions in relation to the Townships appropriated for purposes
of Education, came up, andon motion of Mr. McClellan, ordered that
the same be placed first among the orders of thb day for to-morrow.
"A bill to. be entitled,. An act respecting Commissions to be issued
to the officers of this State by the Governor thereof, was read a third
time;
On the :passage of said bill the yeas and nays were;:
Yeas-Messrs. Allison, Alexander, 'Baldwin, Barkley, .Branch,
Brett, Brown of Monioe, Coleman, Dummett, Ferguson, Fernandez,
SFontane, Forbes, Garrason, Gillis, Goff, Hurst, Long, Loring, Mc.
Clellan, Myers, Neal, Newsom, Philips, Riley, Smith, Stewart, Stone,
Taylori Tracey and Mr. Speaker--l1.
Nays-Mr. Tweed-1.
Yeas 31-nays 1 ; so the bill passed. Title as stated. Ordered
that the same be certified to the Senate.
A bill to be entitled, An act to authorize William O. Thomas to
establish,a Ferry on the Suwannee River, near the mouth of the
Santa Fee River, was read the first time, and on motion of Mr. Mc.
Clellan, laid on the table.

A bill to be entitled, An act to organize the office of Sheriff, waa
read the first time and ordered for a second reading on to-morrow.
A bill from the Senate, to be entitled, An act to organize the office
of Comptroller of Public Accounts of the State of Florida, was read
the first time and ordered for a second reading on to-morrow.
A bill from the Senate to be entitled, An act to provide for the Re,
gistration of the qualified voters of the State of Florida, was read the
first time and ordered for a second reading on tomorrow.
A bill from the Senate to be entitled, An act to organize Courts
of Probate for the State of Florida, was read the first time and order,
ed for a second reading on-morrow.
On motion of Mr. McClellan, the House adjourned till to-morrow
morning, 10 o'clock,

WEDNESDAY, July 16th, 1845,
The House met pursuant to adjournment, and a quorum being
present, after prayer by the Rev. Mr. Foster, the-Journal of yester,
day's proceedings was read,
Mr. Kelly gave notice'that he would on some future day ask leave
to introduce a bill tb be entitled, An act to change the name of
Charles R. Floyd.
On motion of Mr. Myers, the resolution fromthe Senate to go into
the election of Judges and other officers on Wednesday next, ,waai,.
ordered to be placed second among the orders of the day for to-day.
Mr. Brown of Leon, was permitted to record his vote in the uffir,
native on the passage of the bill to be entitled, An act to raise a Re.
verfUe for the State of Florida, &c.
Mr. Kelly was also permitted to record his vote in the affirmative
on the passage of said bill.
Mr. Ferguson from the Committee on the Judiciaiy made the fol.
lowing report:
-The Judiciary Committee to which was referred a bill to fix the
salary of the Governor of this State, and to authorize the. appoint,
ment of a Governor's Secretary, and Clerk for the Executive De-:
partment, aridfor other'purposes, and also a message from the Gov.- .
ernor relative to the ilth clause of the 3d Article of the State Con.
stitution, have had the same under consideration, and have instructed
ne to report two additional sections to said bill,
I. FERGUSON, Jr., Ghair'n.
Which was received, and the bill reported ordered to be placed
among the orders of the day.
Mr. Alexander, from the Committee on Enrolled bills, reported an
act to change the County Site of Orange County, as correctly on,
rolled.
Mr, Ferguson, from the Committee on the Judiciary, made the fb
lowing report;

96

"The Judiciary Committee, to which was referred a bill to be- en-
titled, An act to organize the Supreme Court of the State of Florida,
have had the same under consideration, and have instructed me to
report a substitute for said bill.
I. FERGUSON, Jr., Chair'n.
Which was received.
A bill to be entitled, An act to organize the Supreme Court of the
State of Florida, reported by'the committee, was ordered to be placed
among the orders of the day.
Mr. Cotten, trom the select committee to whom was referred a re.
port and sundry resolutions of the Legislature of Connecticut, made
the following report :

Deeply impressed with the importance and delicacy of the subject,
it is with a sense of profound regret that the joint committee, to whom
were referred a report and sundry resolutions of the Legislature of
Connecticut, have directed their consideration to the controversy be-
tween the States of South Carolina and Massachusetts. Florida, de-
sirous of maintaining the most cordial relations with her sister States,
would not have volunteered to become the arbitress of their difficult.
ties-aware that such a course would but tend to increase the ani-
mosities and jealousies of the disputants and inevitably have made her
a party thereto. Controlled by the most pacific disposition, hoping
that the necessity might not arise for the exercise of her offices of
pacification, she would, had not the matter been pressed upon her in
such a manner by the Legislature of Connecticut as seems to demand
a response, have maintained an attitude of strict neutrality.
The reluctance of the committee to discuss this subject is the more
increased, that a topic so calculated to weaken the bonds of union
between sister States, should be agitated when the universal Amer.
ican mind should be controlled by a universal American feeling. At
this interesting conjuncture of American affairs in their foreign rela-
tions-while the Oregon question is unsettled, and the people of Tex.
as trampling beneath them the tricks, intrigues and shallow devices
ot foreign diplomatists, disregarding their threats and scorning their
bribes, are on the eve of consummating the union of that Republic
with the American Confederacy, the clamor of family dissension
should be stilled, and ALL should prepare to repulse foreign aggres-
sion, sustain the rights, and maintain the honor and integrity of the
Union.
The committee hold that the GeneralGovernment is a Government
oflimited powers; that the Federal Union is a compact between the
States for general and specific purposes, mentioned in the Federal Con-
stitution ; that it is the creature and notthe creator, andisinvested with
no authority beyond the delegated powers, all other powers remaining
with the -States respectively, and the people. We find no where in
the Constitution that the States surrendered the management and
control of their affairs, so far as any laws, rules or enactments which
were necessary to the preservation and protection of life and property

99

within the limits of the same. To have .done so, would have been a de-
privation of the essence of sovereignty, and have placed them as mere
dependencies beneath the overshadowing and pervading influence of
. central power. One of the guarantees of the Constitution, is the
protection of each State against insurrection and domestic violence.
This guaranty provides for the possible contingency of a necessity for
the assistance of the General Government in the emergency that the
power of a State should be inadequate to the maintenance of her laws.
and the protection and preservation of life and property. The co-oper-
ation of the General Government in behalf of the pretensions of Mas.
sachusetts as against South Carolina, would be an intervention of
policy creating that very violence from which it is made incumbent
upon her to protect the States ; and would be in contravention to one
of the paramount objects for framing a Constitutional compact, to.
wit-the insurance of domestic tranquility.
There is another clause of the Constitution of the, United States
which says, The citizens of each State shall be entitled to all the
privileges and immunities of citizens in the several States." It is up-
on this provision, as we understand, that Massachusetts bases her
right of intruding upon South Carolina her fiee negro, incendiary
population, and insists that they shall be exempted from the operation
of those laws which South Carolina has been forced to enact to pre-
vent the dangerous consequences of their immigration. The free
white citizens of Massachusetts'having equal privileges with the free
white citizens of South Carolina, the only persons acknowledged as
citizens by her laws, Massachusetts is placed upon an entire equality
with South Carolina. What more can she reasonably ask ? If
Massachusetts were to call a bomb a citizen, let it remain for a while
quietly and harmlessly in her magazine, then send it by a vessel to
Charleston Bay, which coming to anchor before that city, the
captain should write upon the bomb A citizen of Massachusetts."
and should throw the same to explode with its destructive elements in
the very heart of the metropolis, and the South Carolinians should
take precautionary measures to prevent the danger arising from the
introduction of any more sucn citizens, the principle and the argu-
ment would be the same as those advanced against the introduction
of free negroes into her ports, and Massachusetts would have just
as plausible grounds for the maintenance of her rights in the one case
as in the ofher, and would receive just the same modicum of credit
"from the Southern States for her philanthropy.
The Connecticut report and resolutions allude to a legal adjudica-
tion by the Supreme Court of the United States. Your committee
acknowledge no right of adjudication on the part of any tribunal
known to the Federal Constitution, of the controversy between South
Carolina and Massachusetts. To acknowledge such a right, would
be an abandonment of a previous position, which maintained that a.
mrong the reserved rights of the States, was the inherent principles of
protection and self-preservation, and the power to pass such laws as
werenecessary to carry out the foregoing objects,

100

We bold a contrary doctrine tt be of centripetal and consolidating
tendency, subversive of the system as intended by the framers of the
Constitution and destructive of the independence of the States.
The Committee having briefly examined the subject matter
brought to their consideration by the report and resolutions of the
Legislature of Connecticut, offer as an epit me of their opinions the
following resolutions for the consideration of the Senate and House
of Representatives
Resolved, That self-preservation is a natural right alike to a body
politic or an individual; that the object of free government is the
preservation and protection of life, liberty and property, and it is in.
herent in the sovereignty of any State in the United States to pre-
serve the one and protect the other,
Resolved, That in the municipal and police laws of South Caro.
lina, we are aware of no enactment which goes beyond this object
we believe that such laws were called for by necessity; that those
laws are not aggressions upon the rights of Massachusetts, or those
of any other State, but purely a defence of the rights of South Caro.
lina.
Resolved, That the:Committee deem this a favorable opportunity
to recommend similar police laws as those of South Carolina, for
adoption by the General Assembly of the State of Florida.
Resolved, As to the affairs of the State of Rhode Island, with our
motto before us of Let us alone," we leave that people to settle
their own affairs their own way.
Resolved by the Senate and House of Representatives of the State
of Florida in General Assembly convened, That the Governor of this
State be requested to furnish the Executives of the several States and
Territories of this Union with a copy of the above report and reso.
lutions. F. R. COTTEN,
Chairman on the part of the House.
The resolutions reported by the committee were read the first
time, and ordered for a second reading on to-morrow,
ORDERS OF THE DAY.

Resolutions in relation to the Townships of Land appropriated for
purposes of education, were read a third time.
Mr. McClellan moved that said resolutions be laid on the table
which was lost.
Mr. Loring moved that the question on the adoption of said reso.
lutions be divided, which was carried.
The fi-st resolution was then adopted.
On the adoption of the second resolution, the yeas and nays being
called for by Messrs. Loring and McClellan, were :
Yeas-Messrs. Baldwin, Barkley, Branch, Brett, Brown, of Mon.
roe, Coleman, Ferguson, Floyd, Forbes, Gillis, Hurst, Kelly, Myers,
Neal, Smallwood, Taylor and Waring-17.
Nays-Messrs. Alexander, Brown of Leon, Dell, Dummett, Ellis,

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	Title Page
	June 1845
	July 1845